Congressional Record United States of America PROCEEDINGS and DEBATES of the 107Th CONGRESS, FIRST SESSION

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

Vol. 147 WASHINGTON, MONDAY, FEBRUARY 26, 2001 No. 23 House of Representatives The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the pore (Mr. WOLF). sage from the Secretary of the Senate on gentleman from New York (Mr. February 15, 2001 at 4:50 p.m. f MCHUGH) come forward and lead the That the Senate passed without amend- DESIGNATION OF THE SPEAKER House in the Pledge of Allegiance. ment H.R. 559. PRO TEMPORE Mr. MCHUGH led the Pledge of Alle- With best wishes, I am giance as follows: Sincerely, The SPEAKER pro tempore laid be- JEFF TRANDAHL, I pledge allegiance to the Flag of the fore the House the following commu- Clerk of the House. United States of America, and to the nication from the Speaker: Republic for which it stands, one na- f WASHINGTON, DC, February 26, 2001. tion under God, indivisible, with lib- APPOINTMENT OF MEMBERS TO I hereby appoint the Honorable FRANK R. erty and justice for all. COMMISSION ON SECURITY AND WOLF to act as Speaker pro tempore due to f COOPERATION IN EUROPE my illness. MESSAGE FROM THE SENATE The SPEAKER pro tempore. Pursu- J. DENNIS HASTERT, ant to section 3 of Public Law 94–304, Speaker of the House of Representatives. A message from the Senate by Mr. amended by section 1 of Public Law 99– f Lundregan, one of its clerks, an- 7, and the order of the House of PRAYER nounced that the Senate has passed Wednesday, February 14, 2001, the without amendment bills and concur- The Chaplain, the Reverend Daniel P. Speaker on Thursday, February 15, 2001 rent resolutions of the House of the fol- appointed the following Members of Coughlin, offered the following prayer: lowing titles: Lord, God of history and ever- the House to the Commission on Secu- S. 320. An act to make technical correc- rity and Cooperation in Europe: present, You sent Your prophet Isaias tions in patent, copyright, and trademark to Your people when they were in need Mr. SMITH of New Jersey, co-chair- laws. man; of hope and vision. S. 360. An act to honor Paul D. Coverdell. Mr. WOLF of Virginia; May Isaias’ prophetic words guide us S. Con. Res. 12. Concurrent resolution ex- Mr. PITTS of Pennsylvania, still. Send Your spirit upon this Nation pressing the sense of Congress regarding the importance of organ, tissue, bone marrow, Mr. WAMP of Tennessee, and this Congress, that we may be open Mr. ADERHOLT of Alabama. to hearing Your word and actively seek and blood donation, and supporting National the salvation You alone can bring. Donor Day. f S. Con. Res. 13. Concurrent resolution ex- MAKING IN ORDER ON WEDNES- Make of us a people of compassion pressing the sense of Congress with respect and holiness. In pursuing the avenues to the upcoming trip of President George W. DAY, FEBRUARY 28, 2001, MO- of justice for all, may we be a sign to Bush to Mexico to meet with newly elected TIONS TO SUSPEND THE RULES the community of nations. President Vicente Fox, and with respect to Mr. MCHUGH. Mr. Speaker, I ask Help us to work toward the complete future cooperative efforts between the unanimous consent that it be in order fulfillment of the deepest human hopes United States and Mexico. at any time on the legislative day of and Your inspiring promises. f Wednesday, February 28, 2001, for the With humility let us embrace our COMMUNICATION FROM THE Speaker to entertain motions that the calling; to be truly prophetic, as Your CLERK OF THE HOUSE House suspend the rules relating to the servants of old, by earnestly fulfilling following measures: H.R. 256, H.R. 558, Your commands now and forever. The SPEAKER pro tempore laid be- H.R. 621, and H. Con. Res. 27. Amen. fore the House the following commu- The SPEAKER pro tempore. Is there nication from the Clerk of the House of f objection to the request of the gen- Representatives: THE JOURNAL tleman from New York? OFFICE OF THE CLERK, There was no objection. HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. The f Chair has examined the Journal of the Washington, DC, February 15, 2001. Hon. J. DENNIS HASTERT, SPECIAL ORDERS last day’s proceedings and announces The Speaker, House of Representatives, Wash- to the House his approval thereof. ington, DC. The SPEAKER pro tempore. Under Pursuant to clause 1, rule I, the Jour- DEAR MR. SPEAKER: Pursuant to the per- the Speaker’s announced policy of Jan- nal stands approved. mission granted to Clause 2(h) of Rule II of uary 3, 2001, and under a previous order

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.

H401

. H402 CONGRESSIONAL RECORD — HOUSE February 26, 2001 of the House, the following Members and use of any Committee Internet broadcast (h) Motions.—A motion to recess from day will be recognized for 5 minutes each. system shall be fair and nonpartisan and in to day and a motion to dispense with the accordance with clause 4(b) of House Rule XI first reading (in full) of a bill or resolution, f and all other applicable rules of the Com- if printed copies are available, are nondebat- PUBLICATION OF THE RULES OF mittee and the House. able motions of high privilege. THE COMMITTEE ON RESOURCES, (d) Oversight Plan.—No later than Feb- (i) Layover and Copy of Bill.—No measure 107TH CONGRESS ruary 15 of the first session of each Congress, or recommendation reported by a Sub- the Committee shall adopt its oversight committee shall be considered by the Com- The SPEAKER pro tempore. Under a plans for that Congress in accordance with mittee until two calendar days from the previous order of the House, the gen- clause 2(d)(1) of House Rule X. time of Subcommittee action. No bill shall tleman from Utah (Mr. HANSEN) is rec- RULE 3. PROCEDURES IN GENERAL be considered by the Committee unless a copy has been delivered to the office of each ognized for 5 minutes. (a) Agenda of Meetings; Information for Member of the Committee requesting a copy. Mr. HANSEN. Mr. Speaker, submitted pur- Members.—An agenda of the business to be These requirements may be waived by a ma- suant to clause 2(a)(1)(A) of Rule XI of the considered at meetings shall be delivered to jority vote of the Committee at the time of the office of each Member of the Committee Rules of the House is a copy of the rules for consideration of the measure or rec- no later than 48 hours before the meeting. the Committee on Resources, adopted at our ommendation. This requirement may be waived by a major- organization meeting on February 14, 2001, (j) Access to Dais and Conference Room.— ity vote of the Committee at the time of the Access to the hearing rooms’ daises and to by voice vote, for printing in the CONGRES- consideration of the measure or matter. To the conference rooms adjacent of the Com- SIONAL RECORD. the extent practicable, a summary of the mittee hearing rooms shall be limited to RULES FOR THE COMMITTEE ON RESOURCES, major provisions of any bill being considered Members of Congress and employees of Con- U.S. HOUSE OF REPRESENTATIVES, 107TH by the Committee, including the need for the gress during a meeting of the Committee. CONGRESS bill and its effect on current law, will be (k) Cellular Telephones.—The use of cel- available for the Members of the Committee (Adopted on February 14, 2001) lular telephones is prohibited on the Com- no later than 48 hours before the meeting. RULE 1. RULES OF THE HOUSE; VICE CHAIRMEN mittee dais or in the Committee hearing (b) Meetings and Hearings to Begin (a) Applicability of House Rules. rooms during a meeting of the Committee. Promptly.—Each meeting or hearing of the (1) The Rules of the House of Representa- Committee shall begin promptly at the time RULE 4. HEARING PROCEDURES tives, so far as they are applicable, are the stipulated in the public announcement of the (a) Announcement.—The Chairman shall rules of the Committee and its Subcommit- meeting or hearing. publicly announce the date, place, and sub- tees. (c) Addressing the Committee.—A Com- ject matter of any hearing at least one week (2) Each Subcommittee is part of the Com- mittee Member may address the Committee before the hearing unless the Chairman, with mittee and is subject to the authority, direc- or a Subcommittee on any bill, motion, or the concurrence of the Ranking Minority tion and rules of the Committee. References other matter under consideration or may Member, determines that there is good cause in these rules to ‘‘Committee’’ and ‘‘Chair- question a witness at a hearing only when to begin the hearing sooner, or if the Com- man’’ shall apply to each Subcommittee and recognized by the Chairman for that purpose. mittee so determines by majority vote. In its Chairman wherever applicable. The time a Member may address the Com- these cases, the Chairman shall publicly an- (3) House Rule XI is incorporated and made mittee or Subcommittee for any purpose or nounce the hearing at the earliest possible a part of the rules of the Committee to the to question a witness shall be limited to five date. The Chief Clerk of the Committee shall extent applicable. minutes, except as provided in Committee promptly notify the Daily Digest Clerk of (b) Vice Chairmen.—Unless inconsistent rule 4(g). A Member shall limit his remarks the CONGRESSIONAL RECORD and shall with other rules, the Chairman shall appoint to the subject matter under consideration. promptly enter the appropriate information a Vice Chairman of the Committee and the The Chairman shall enforce the preceding on the Committee’s web site as soon as pos- Subcommittee Chairmen will appoint Vice provision. sible after the public announcement is made. Chairmen of each of the Subcommittees. If (d) Quorums. (b) Written Statement; Oral Testimony.— the Chairman of the Committee or Sub- (1) A majority of the Members shall con- Each witness who is to appear before the committee is not present at any meeting of stitute a quorum for the reporting of any Committee or a Subcommittee shall file the Committee or Subcommittee, as the case measure or recommendation, the authorizing with the Chief Clerk of the Committee or may be, the Vice Chairman shall preside. If of a subpoena, the closing of any meeting or Subcommittee Clerk, at least two working the Vice Chairman is not present, the rank- hearing to the public under clause 2(g)(1), days before the day of his or her appearance, ing Member of the Majority party on the clause 2(g)(2)(A) and clause 2(k)(5)(B) of a written statement of proposed testimony. Committee or Subcommittee who is present House Rule XI, and the releasing of execu- Failure to comply with this requirement shall preside at that meeting. tive session materials under clause 2(k)(7) of may result in the exclusion of the written RULE 2. MEETINGS IN GENERAL House Rule X. Testimony and evidence may testimony from the hearing record and/or (a) Scheduled Meetings.—The Committee be received at any hearing at which there are the barring of an oral presentation of the shall meet at 10 a.m. every Wednesday when at least two Members of the Committee testimony. Each witness shall limit his or the House is in session, unless canceled by present. For the purpose of transacting all her oral presentation to a five-minute sum- the Chairman. The Committee shall also other business of the Committee, one third mary of the written statement, unless the meet at the call of the Chairman subject to of the Members shall constitute a quorum. Chairman, in consultation with the Ranking advance notice to all Members of the Com- (2) When a call of the roll is required to as- Minority Member, extends this time period. mittee. Special meetings shall be called and certain the presence of a quorum, the offices In addition, all witnesses shall be required to convened by the Chairman as provided in of all Members shall be notified and the submit with their testimony a resume or clause 2(c)(1) of House Rule XI. Any Com- Members shall have not less than 15 minutes other statement describing their education, mittee meeting or hearing that conflicts to prove their attendance. The Chairman employment, professional affiliations and with a party caucus, conference, or similar shall have the discretion to waive this re- other background information pertinent to party meeting shall be rescheduled at the quirement when a quorum is actually their testimony. discretion of the Chairman, in consultation present or whenever a quorum is secured and (c) Minority Witnesses.—When any hearing with the Ranking Minority Member. The may direct the Chief Clerk to note the names is conducted by the Committee or any Sub- Committee may not sit during a joint ses- of all Members present within the 15-minute committee upon any measure or matter, the sion of the House and Senate or during a re- period. Minority party Members on the Committee cess when a joint meeting of the House and (e) Participation of Members in Committee or Subcommittee shall be entitled, upon re- Senate is in progress. and Subcommittees.—All Members of the quest to the Chairman by a majority of those (b) Open Meetings.—Each meeting for the Committee may sit with any Subcommittee Minority Members before the completion of transaction of business, including the mark- during any hearing, and by unanimous con- the hearing, to call witnesses selected by the up of legislation, and each hearing of the sent of the Members of the Subcommittee Minority to testify with respect to that Committee or a Subcommittee shall be open may participate in any meeting or hearing. measure or matter during at least one day of to the public, except as provided by clause However, a Member who is not a Member of hearings thereon. 2(g) and clause 2(k) of House Rule XI. the Subcommittee may not vote on any mat- (d) Information for Members.—After an- (c) Broadcasting.—Whenever a meeting for ter before the Subcommittee, be counted for nouncement of a hearing, the Committee the transaction of business, including the purposes of establishing a quorum or raise shall make available as soon as practicable markup of legislation, or a hearing is open to points of order. to all Members of the Committee a tentative the public, that meeting or hearing shall be (f) Proxies.—No vote in the Committee or witness list and to the extent practicable a open to coverage by television, radio, and its Subcommittees may be cast by proxy. memorandum explaining the subject matter still photography in accordance with clause 4 (g) Roll Call Votes.—Roll call votes shall of the hearing (including relevant legislative of House Rule XI. The provisions of clause be ordered on the demand for one-fifth of the reports and other necessary material). In ad- 4(f) of House Rule XI are specifically made Members present, or by any Member in the dition, the Chairman shall make available to part of these rules by reference. Operation apparent absence of a quorum. the Members of the Committee any official February 26, 2001 CONGRESSIONAL RECORD — HOUSE H403 reports from departments and agencies on sideration of the measure; and to moving in cluding related plans and programs author- the subject matter as they are received. accordance with the Rules of the House of ized by the Land and Water Conservation (e) Subpoenas.—The Committee or a Sub- Representatives for the disposition of a Sen- Fund Act of 1965 and the Outdoor Recreation committee may authorize and issue a sub- ate measure that is substantially the same Act of 1963, except those in public forests. poena under clause 2(m) of House Rule XI if as the House measure as reported. (7) Preservation of prehistoric ruins and authorized by a majority of the Members (b) Filing.—A report on a measure which objects of interest on the public domain and voting. In addition, the Chairman of the has been approved by the Committee shall be other historic preservation programs and ac- Committee may authorize and issue sub- filed within seven calendar days (exclusive of tivities, including national monuments, his- poenas during any period of time in which days on which the House of Representatives toric sites and programs for international the House of Representatives has adjourned is not in session) after the day on which cooperation in the field of historic preserva- for more than three days. Subpoenas shall be there has been filed with the Committee tion. signed only by the Chairman of the Com- Chief Clerk a written request, signed by a (8) Matters concerning the following agen- mittee, or any Member of the Committee au- majority of the Members of the Committee, cies and programs: Urban Parks and Recre- thorized by the Committee, and may be for the reporting of that measure. Upon the ation Recovery Program, Historic American served by any person designated by the filing with the Committee Chief Clerk of this Buildings, Survey, Historic American Engi- Chairman or Member. request, the Chief Clerk shall transmit im- neering Record, and U.S. Holocaust Memo- (f) Oaths.—The Chairman of the Com- mediately to the Chairman notice of the fil- rial. mittee or any Member designated by the ing of that request. (9) Public lands generally, including meas- Chairman may administer oaths to any wit- (c) Supplemental, Additional or Minority ures or matters relating to entry, easements, ness before the Committee. All witnesses ap- Views.—Any Member may, if notice is given withdrawals, grazing and Federal reserved pearing in hearings may be administered the at the time a bill or resolution is approved water rights. following oath by the Chairman or his des- by the Committee, file supplemental, addi- (10) Forfeiture of land grants and alien ignee prior to receiving the testimony: ‘‘Do tional, or minority views. These views must ownership, including alien ownership of min- you solemnly swear or affirm that the testi- be in writing and signed by each member eral lands. mony that you are about to give is the truth, joining therein and be filed with the Com- (11) Cooperative efforts to encourage, en- the whole truth, and nothing but the truth, mittee Chief Clerk not less than two addi- hance and improve international programs so help you God?’’ tional calendar days (excluding Saturdays, for the protection of the environment and (g) Opening Statements.—Questioning of Sundays and legal holidays except when the the conservation of natural resources other- Witnesses. House is in session on those days) of the time wise within the jurisdiction of the Sub- (1) Opening statements by Members may the bill or resolution is approved by the committee. not be presented orally, unless the Chairman Committee. This paragraph shall not pre- (12) General and continuing oversight and or his designee makes a statement, in which clude the filing of any supplemental report investigative authority over activities, poli- case the Ranking Minority Member or his on any bill or resolution that may be re- cies and programs within the jurisdiction of designee may also make a statement. If a quired for the correction of any technical the Subcommittee. witness scheduled to testify at any hearing error in a previous report made by the Com- Subcommittee on Forests and Forest Health mittee on that bill or resolution. of the Committee is a constituent of a Mem- (1) Forest reservations, including manage- (d) Review by Members.—Each Member of ber of the Committee, that Member shall be ment thereof, created from the public do- the Committee shall be given an opportunity entitled to introduce the witness at the hear- main. to review each proposed Committee report ing. (2) Public forest lands generally, including before it is filed with the Clerk of the House (2) The questioning of witnesses in Com- measures or matters related to entry, ease- of Representatives. Nothing in this para- mittee and Subcommittee hearings shall be ments, withdrawals and grazing. graph extends the time allowed for filing initiated by the Chairman, followed by the (3) Federal reserved water rights on forest supplemental, additional or minority views Ranking Minority Member and all other reserves. under paragraph (c). (4) Wild and Scenic Rivers System, Na- Members alternating between the Majority (e) Disclaimer.—All Committee or Sub- tional Trails System, national heritage areas and Minority parties. In recognizing mem- committee reports printed and not approved and other national units established for pro- bers to question witnesses, the Chairman by a majority vote of the Committee or Sub- tection, conservation, preservation or rec- shall take into consideration the ratio of the committee, as appropriate, shall contain the reational development administered by the Majority to Minority Members present and following disclaimer on the cover of the re- shall establish the order of recognition for Secretary of Agriculture. port: (5) Federal and non-Federal outdoor recre- questioning in a manner so as not to dis- ‘‘This report has not been officially adopt- ation plans, programs and administration in advantage the Members of the Majority or ed by the {Committee on Resources} {Sub- the Members of the Minority. A motion is in public forests. committee} and may not therefore nec- (6) Cooperative efforts to encourage, en- order to allow designated Majority and Mi- essarily reflect the views of its Members.’’ nority party Members to question a witness hance and improve international programs RULE 6. ESTABLISHMENT OF SUBCOMMITTEES; for a specified period to be equally divided for the protection of the environment and FULL COMMITTEE JURISDICTION; BILL REFER- between the Majority and Minority parties. the conservation of natural resources other- RALS This period shall not exceed one hour in the wise within the jurisdiction of the Sub- aggregate. (a) Subcommittees.—There shall be five committee. (h) Materials for Hearing Record.—Any standing Subcommittees of the Committee, (7) General and continuing oversight and materials submitted specifically for inclu- with the following jurisdiction and respon- investigative authority over activities, poli- sion in the hearing record must address the sibilities: cies and programs within the jurisdiction of announced subject matter of the hearing and Subcommittee on National Parks, Recreation the Subcommittee. be submitted to the relevant Subcommittee and Public Lands Subcommittee on Fisheries Conservation, Wild- Clerk or Chief Clerk no later than 10 busi- (1) Measures and matters related to the life and Oceans ness days following the last day of the hear- National Park System and its units, includ- (1) Fisheries management and fisheries re- ing. ing Federal reserve water rights. search generally, including the management (i) Claims of Privilege.—Claims of com- (2) The National Wilderness Preservation of all commercial and recreational fisheries, mon-law privileges made by witnesses in System, except for wilderness created from the Magnuson-Stevens Fishery Conservation hearings, or by interviewees or deponents in forest reserves from the public domain. and Management Act, interjurisdictional investigations or inquiries, are applicable (3) Wild and Scenic Rivers Systems, Na- fisheries, international fisheries agreements, only at the discretion of the Chairman, sub- tional Trails System, national heritage areas aquaculture, seafood safety and fisheries project to appeal to the Committee. and other national units established for promotion. tection, conservation, preservation or rec- RULE 5. FILING OF COMMITTEE REPORTS (2) Wildlife resources, including research, reational development administered by the (a) Duty of Chairman.—Whenever the Com- restoration, refuges and conservation. Secretary of the Interior, other than coastal (3) All matters pertaining to the protection mittee authorizes the favorable reporting of barriers. of coastal and marine environments, includ- a measure from the Committee, the Chair- (4) Military parks and battlefields, na- ing estuarine protection. man or his designee shall report the same to tional cemeteries administered by the Sec- (4) Coastal barriers. the House of Representatives and shall take retary of the Interior, parks in and within (5) Oceanography. all steps necessary to secure its passage the vicinity of the District of Columbia and (6) Ocean engineering, including materials, without any additional authority needing to the erection of monuments to the memory of technology and systems. be set forth in the motion to report each in- individuals. (7) Coastal zone management. dividual measure. In appropriate cases, the (5) Federal outdoor recreation plans, pro- (8) Marine sanctuaries. authority set forth in this rule shall extend grams and administration including the (9) U.N. Convention on the Law of the Sea. to moving in accordance with the Rules of Land and Water Conservation Fund, except (10) Sea Grant programs and marine exten- the House of Representatives that the House those in public forests. sion services. be resolved into the Committee of the Whole (6) Plans and programs concerning non- (11) Cooperative efforts to encourage, en- House on the State of the Union for the con- Federal outdoor recreation and land use, in- hance and improve international programs H404 CONGRESSIONAL RECORD — HOUSE February 26, 2001 for the protection of the environment and Indian lands in general and special measures Committee receive one week written notice the conservation of natural resources other- relating to claims which are paid out of In- of the recall and a majority of the Members wise within the jurisdiction of the Sub- dian funds. of the Committee do not object. In addition, committee. (3) All matters regarding the relations of a legislative measure or other matter re- (12) General and continuing oversight and the United States with Native Americans ferred by the Chairman to a Subcommittee investigative authority over activities, poli- and Native American tribes, including spe- may be recalled from the Subcommittee at cies and programs within the jurisdiction of cial oversight functions under Rule X of the any time by majority vote of the Committee the Subcommittee. Rules of the House of Representatives. for direct consideration by the Full Com- Subcommittee on Water and Power (4) All matters regarding Native Alaskans mittee or for referral to another Sub- (1) Generation and marketing of electric and Native Hawaiians. committee. (5) All matters related to the Federal trust power from Federal water projects by Feder- (f) Consultation.—Each Subcommittee responsibility to Native Americans and the ally chartered or Federal regional power Chairman shall consult with the Chairman of sovereignty of Native Americans. marketing authorities. the Full Committee prior to setting dates for (6) All matters regarding insular areas of (2) All measures and matters concerning Subcommittee meetings with a view towards the United States. water resources planning conducted pursu- avoiding whenever possible conflicting Com- (7) All measures of matters regarding the ant to the Water Resources Planning Act, mittee and Subcommittee meetings. Freely Associated States and Antarctica. (g) Vacancy.—A vacancy in the member- water resource research and development (8) Cooperative efforts to encourage, en- programs and saline water research and de- ship of a Subcommittee shall not affect the hance and improve international programs power of the remaining Members to execute velopment. for the protection of the environment and (3) Compacts relating to the use and appor- the functions of the Subcommittee. the conservation of natural resources other- tionment of interstate waters, water rights RULE 7. TASK FORCES, SPECIAL OR SELECT wise within the jurisdiction of the Full Com- and major interbasin water or power move- SUBCOMMITTEES mittee under this paragraph. ment programs. (a) Appointment.—The Chairman of the (9) All measures and matters retained by (4) All measure and matters pertaining to Committee is authorized, after consultation the Full Committee under Committee rule irrigation and reclamation projects and with the Ranking Minority Member, to ap- 6(e). other water resources development and recy- (10) General and continuing oversight and point Task Forces, or special or select Sub- cling programs, including policies and proce- investigative authority over activities, poli- committees, to carry out the duties and dures. cies and programs within the jurisdiction of functions of the Committee. (5) Indian water rights and settlements. (b) Ex-Officio Members.—The Chairman (6) Cooperative efforts to encourage, en- the Committee under House Rule X. (c) Ex-officio Members.—The Chairman and Ranking Minority Member of the Com- hance and improve international programs and Ranking Minority Member of the Com- mittee may serve as ex-officio Members of for the protection of the environment and mittee may serve as ex-officio Members of each Task Force, or special or select Sub- the conservation of natural resources other- each standing Subcommittee to which the committee if they are not otherwise mem- wise within the jurisdiction of the Sub- Chairman or the Ranking Minority Member bers. Ex-officio Members shall have the right committee. have not been assigned. Ex-officio Members to fully participate in activities but may not (7) General and continuing oversight and vote and may not be counted in establishing investigative authority over activities, poli- shall have the right to fully participate in Subcommittee activities but may not vote a quorum. cies and programs within the jurisdiction of (c) Party Ratios.—The ratio of Majority and may not be counted in establishing a the Subcommittee. Members to Minority Members, excluding quorum. ex-officio Members, on each Task Force, spe- Subcommittee on Energy and Mineral Resources (d) Powers and Duties of Subcommittees.— cial or select Subcommittee shall be as close (1) All measures and matters concerning Each Subcommittee is authorized to meet, as practicable to the ratio on the Full Com- the U.S. Geological Survey, except for the hold hearings, receive evidence and report to mittee. activities and programs of the Water Re- the Committee on all matters within its ju- (d) Temporary Resignation.—A Member sources Division or its successor. risdiction. Each subcommittee shall review can temporarily resign his or her position on (2) All measures and matters affecting geo- and study, on a continuing basis, the appli- a Subcommittee to serve on a Task Force, thermal resources. cation, administration, execution and effec- special or select Subcommittee without prej- (3) Conservation of United States uranium tiveness of those statutes, or parts of stat- udice to the Member’s seniority on the Sub- supply. utes, the subject matter of which is within (4) Mining interests generally, including committee. that Subcommittee’s jurisdiction; and the all matters involving mining regulation and (e) Chairman and Ranking Minority Mem- organization, operation, and regulations of enforcement, including the reclamation of ber.—The Chairman of any Task Force, or any Federal agency or entity having respon- mined lands, the environmental effects of special or select Subcommittee shall be ap- sibilities in or for the administration of such mining, and the management of mineral re- pointed by the Chairman of the Committee. statutes, to determine whether these stat- ceipts, mineral land laws and claims, long- The Ranking Minority Members shall select utes are being implemented and carried out range mineral programs and deep seabed a Ranking Minority Member for each Task in accordance with the intent of Congress. mining. Force, or standing, special or select Sub- Each Subcommittee shall review and study (5) Mining schools, experimental stations committee. any conditions or circumstances indicating and long-range mineral programs. RULE 8. RECOMMENDATION OF CONFEREES the need of enacting new or supplemental (6) Mineral resources on public lands. Whenever it becomes necessary to appoint (7) Conservation and development of oil legislation within the jurisdiction of the Subcommittee. conferees on a particular measure, the Chair- and gas resources of the Outer Continental man shall recommend to the Speaker as con- Shelf. (e) Referral to Subcommittees; Recall. (1) Except as provided in paragraph (2) and ferees those Majority Members, as well as (8) Petroleum conservation on the public those Minority Members recommended to lands and conservation of the radium supply for those matters within the jurisdiction of the Full Committee, every legislative meas- the Chairman by the Ranking Minority in the United States. Member, primarily responsible for the meas- (9) Measures and matters concerning the ure or other matter referred to the Com- ure. The ratio of Majority Members to Mi- transportation of natural gas from or within mittee shall be referred to the Sub- nority Members recommended for con- Alaska and disposition of oil transported by committee of jurisdiction within two weeks ferences shall be no greater than the ratio on the trans-Alaska oil pipeline. of the date of its referral to the Committee. the Committee. (10) Rights of way over public lands for un- If any measure of matter is within or affects derground energy-related transportation. the jurisdiction of one or more Subcommit- RULE 9. COMMITTEE RECORDS (11) Cooperative efforts to encourage, en- tees, the Chairman may refer that measure (a) Segregation of Records.—All Com- hance and improve international programs or matter simultaneously to two or more mittee records shall be kept separate and for the protection of the environment and Subcommittees for concurrent consideration distinct from the office records of individual the conservation of natural resources other- or for consideration in sequence subject to Committee Members serving as Chairmen or wise within the jurisdiction of the Sub- appropriate time limits, or divide the matter Ranking Minority Members. These records committee. into two or more parts and refer each part to shall be the property of the House and all (12) General and continuing oversight and a Subcommittee. Members shall have access to them in ac- investigative authority over activities, poli- (2) The Chairman, with the approval of a cordance with clause 2(e)(2) of House Rule cies and programs within the jurisdiction of majority of the Majority Members of the XI. the Subcommittee. Committee, may refer a legislative measure (b) Availability.—The Committee shall (b) Full Committee.—The Full Committee or other matter to a select or special Sub- make available to the public for review at shall have the following jurisdiction and re- committee. A legislative measure or other reasonable times in the Committee office the sponsibilities: matter referred by the Chairman to a Sub- following records: (1) Environmental and habitat measures committee may be recalled from the Sub- (1) transcripts of public meetings and hear- and matters of general applicability. committee for direct consideration by the ings, except those that are unrevised or un- (2) Measures relating to the welfare of Na- Full Committee, or for referral to another edited and intended solely for the use of the tive Americans, including management of Subcommittee, provided Members of the Committee; and February 26, 2001 CONGRESSIONAL RECORD — HOUSE H405 (2) the result of each rollcall vote taken in which shows expenditures made during the carry out the rules of the Committee or to the Committee, including a description of reporting period and cumulative for the facilitate the effective administration of the the amendment, motion, order or other prop- year, anticipated expenditures for the pro- Committee, in accordance with the rules of osition voted on, the name of each Com- jected Committee program, and detailed in- the Committee and the Rules of the House of mittee Member voting for or against a propo- formation on travel, shall be available to Representatives. sition, and the name of each Member present each Member. but not voting. RULE 11. COMMITTEE STAFF f (c) Archived Records.—Records of the Com- (a) Rules and Policies.—Committee staff mittee which are deposited with the Na- members are subject to the provisions of SPECIAL ORDERS GRANTED tional Archives shall be made available for clause 9 of House Rule X, as well as any writ- By unanimous consent, permission to public use pursuant to House Rule VII. The ten personnel policies the Committee may address the House, following the legis- Chairman of the Committee shall notify the from time to time adopt. Ranking Minority member of any decision, (b) Majority and Nonpartisan Staff.—The lative program and any special orders pursuant to clause 3(b)(3) or clause 4(b) of Chairman shall appoint, determine the re- heretofore entered, was granted to: House Rule VII, to withhold, or to provide a muneration of, and may remove, the legisla- (The following Members (at the re- time, schedule or condition for availability tive and administrative employees of the quest of Mr. MCHUGH) to revise and ex- of any record otherwise available. At the Committee not assigned to the Minority. tend their remarks and include extra- written request of any Member of the Com- The legislative and administrative staff of neous material:) mittee, the matter shall be presented to the the Committee not assigned to the Minority Mr. PAUL, for 5 minutes, February 28. Committee for a determination and shall be shall be under the general supervision and subject to the same notice and quorum re- direction of the Chairman, who shall estab- Mr. HANSEN, for 5 minutes, today. quirements for the conduct of business under lish and assign the duties and responsibil- f Committee Rule 3. ities of these staff members and delegate any (d) Records of Closed Meetings.—Notwith- authority he determines appropriate. standing the other provisions of this rule, no (c) Minority Staff.—The Ranking Minority SENATE BILLS AND CONCURRENT records of Committee meetings or hearings Member of the Committee shall appoint, de- RESOLUTIONS REFERRED which were closed to the public pursuant to termine the remuneration of, and may re- Bills and concurrent resolutions of the Rules of the House of Representatives move, the legislative and administrative staff assigned to the Minority within the the Senate of the following titles were shall be released to the public unless the taken from the Speaker’s table and, Committee votes to release those records in budget approved for those purposes. The leg- accordance with the procedure used to close islative and administrative staff assigned to under the rule, referred as follows: the Committee meeting. the Minority shall be under the general su- S. 320. An act to make technical correc- (e) Classified Materials.—All classified ma- pervision and direction of the Ranking Mi- tions in patent, copyright, and trademark terials shall be maintained in an appro- nority Member of the Committee who may laws; to the Committee on the Judiciary. priately secured location and shall be re- delegate any authority he determines appro- S. 360. An act to honor Paul D. Coverdell; leased only to authorized persons for review, priate. to the Committee on International Rela- who shall not remove the material from the (d) Availability.—The skills and services of tions, in addition to the Committee on Edu- Committee offices without the written per- all Committee staff shall be available to all cation and the Workforce for a period to be mission of the Chairman. Members of the Committee. subsequently determined by the Speaker, in RULE 12. COMMITTEE TRAVEL RULE 10. COMMITTEE BUDGET AND EXPENSES each case for consideration of such provi- In addition to any written travel policies sions as fall within the jurisdiction of the (a) Budget.—At the beginning of each Con- the Committee may from time to time committee concerned. gress, after consultation with the Chairman adopt, all travel of Members and staff of the S. Con. Res. 12. Concurrent resolution ex- of each Subcommittee and the Ranking Mi- Committee or its Subcommittees, to hear- pressing the sense of Congress regarding the nority Member, the Chairman shall present ings, meetings, conferences and investiga- importance of organ, tissue, bone marrow, to the Committee for its approval a budget tions, including all foreign travel, must be and blood donation, and supporting National covering the funding required for staff, trav- authorized by the Full Committee Chairman Donor Day; to the Committee on Energy and el, and miscellaneous expenses. prior to any public notice of the travel and Commerce. (b) Expense Resolution.—Upon approval by prior to the actual travel. In the case of Mi- S. Con. Res. 13. Concurrent resolution ex- the Committee of each budget, the Chair- nority staff, all travel shall first be approved pressing the sense of Congress with respect man, acting pursuant to clause 6 of House by the Ranking Minority Member. Funds au- to the upcoming trip of President George W. Rule X, shall prepare and introduce in the thorized for the Committee under clauses 6 Bush to Mexico to meet with newly elected House a supporting expense resolution, and and 7 of House Rule X are for expenses in- President Vicente Fox, and with respect to take all action necessary to bring about its curred in the Committee’s activities within future cooperative efforts between the approval by the Committee on House Admin- the United States. United States and Mexico; to the Committee istration and by the House of Representa- RULE 13. CHANGES TO COMMITTEE RULES on International Relations. tives. (c) Amendments.—The Chairman shall re- The rules of the Committee may be modi- f port to the Committee any amendments to fied, amended, or repealed, by a majority each expense resolution and any related vote of the Committee, provided that 48 changes in the budget. hours written notice of the proposed change ADJOURNMENT (d) Additional Expenses.—Authorization has been provided each Member of the Com- Mr. MCHUGH. Mr. Speaker, I move for the payment of additional or unforeseen mittee prior to the meeting date on which that the House do now adjourn. Committee expenses may be procured by one the changes are to be discussed and voted on. A change to the rules of the Committee shall The motion was agreed to; accord- or more additional expense resolutions proc- ingly (at 2 o’clock and 5 minutes p.m.), essed in the same manner as set out under be published in the Congressional Record no this rule. later than 30 days after its approval. under its previous order, the House ad- (e) Monthly Reports.—Copies of each RULE 14. OTHER PROCEDURES journed until tomorrow, Tuesday, Feb- monthly report, prepared by the Chairman The Chairman may establish procedures ruary 27, 2001, at 12:30 p.m., for morning for the Committee on House Administration,hand take actions as may be necessary to hour debates. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the fourth quarter of 2000, by Committees of the House of Representatives, pursuant to Public Law 95–384, and for miscellaneous groups in connection with official foreign travel during the first quarter of 2000 are as follows:

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

Lynn Gallagher ...... 11/28 11/30 Switzerland ...... 472.00 ...... 6,562.96 ...... 7,034.96 11/30 12/2 Belgium ...... 376.00 ...... 376.00 H406 CONGRESSIONAL RECORD — HOUSE February 26, 2001 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000— Continued

Andy Baker ...... 11/28 11/30 Switzerland ...... 472.00 ...... 6,562.96 ...... 7,034.96 11/30 12/2 Belgium ...... 376.00 ...... 376.00 Committee total ...... 1,696.00 ...... 13,125.92 ...... 14,821.92 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. LARRY COMBEST, Chairman, Jan. 24, 2001. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

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

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

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

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

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

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

Wyndee Parker ...... 10/31 11/12 Africa ...... 2,582.00 ...... 2,582.00 Commercial airfare ...... 8,726.13 ...... 8,726.13 Robert Emmett ...... 10/31 11/12 Africa ...... 2,582.00 ...... 2,582.00 Commercial airfare ...... 8,726.13 ...... 8,726.13 Jay Jakub ...... 1/11 11/19 Asia ...... 1,364.63 ...... 1,364.63 Commercial airfare ...... 4,799.80 ...... 4,799.80 Merrell Moorhead ...... 11/17 11/21 Europe ...... 972.00 ...... (3) ...... 972.00 Brant Bassett ...... 12/8 12/17 Middle East ...... 2,270.00 ...... 2,270.00 Commercial airfare ...... 6,567.70 ...... 6,567.70 John Stopher ...... 12/8 12/17 Middle East ...... 2,270.00 ...... 2,270.00 Commercial airfare ...... 6,567.70 ...... 6,567.70 Committee total ...... 12,040.63 ...... 35,387.46 ...... 47,428.09 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. PORTER GOSS, Chairman, Jan. 25, 2001. February 26, 2001 CONGRESSIONAL RECORD — HOUSE H407 EXECUTIVE COMMUNICATIONS, ting the 2000 Annual Report of the Federal [HCFA–2086–F] (RIN: 0938–AJ96) received ETC. Energy Regulatory Commission, pursuant to February 13, 2001, pursuant to 5 U.S.C. 16 U.S.C. 797(d); to the Committee on Energy 801(a)(1)(A); to the Committee on Energy and Under clause 8 of rule XII, executive and Commerce. Commerce. communications were taken from the 865. A letter from the Chairman, Nuclear 873. A letter from the Attorney, NHTSA, Speaker’s table and referred as follows: Regulatory Commission, transmitting a copy Department of Transportation, transmitting 854. A letter from the Acting Executive Di- of the Commission’s report in compliance the Department’s final rule—Federal Motor rector, Commodity Futures Trading Com- with the Government in the Sunshine Act Vehicle Safety Standards; Electric-Powered mission, transmitting the Commission’s during the calendar year 2000, pursuant to 16 Vehicles: Electrolyte Spillage and Electrical final rule—Investment of Customer Funds U.S.C. 797(d); to the Committee on Energy Shock Protection: Delay of Effective Date (RIN: 3038–AB56) received February 7, 2001, and Commerce. [Docket No. NHTSA–98–4515; Notice 3] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 866. A letter from the Assistant General 2127–AF43) received February 2, 2001, pursu- mittee on Agriculture. Counsel for Regulatory Law, Office of En- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 855. A letter from the the Director, the Of- ergy Efficiency and Renewable Energy, De- on Energy and Commerce. fice of Management and Budget, transmit- partment of Energy, transmitting the De- 874. A letter from the Deputy Associate ting the cumulative report on rescissions partment’s final rule—Energy Efficiency Administrator, Environmental Protection and deferrals of budget authority as of Feb- Program for Commercial and Industrial Agency, transmitting the Agency’s final ruary 1, 2001, pursuant to 2 U.S.C. 685(e); (H. Equipment; Efficiency Standards for Com- rule—Lead and Lead Compounds; Lowering Doc. No. 107–46); to the Committee on Appro- mercial Heating, Air Conditioning and Water of Reporting Thresholds; Community Right- priations and ordered to be printed. Heating Equipment [Docket No. EE–RM/ to-Know Toxic Chemical Release Reporting: 856. A letter from the Principal Deputy STD–00–100] (RIN: 1904–AB06) received Feb- Delay of Effective Date [OPPTS–40014D; Under Secretary of Defense, Department of ruary 9, 2001, pursuant to 5 U.S.C. FRL–6722–10] (RIN: 2025–AA05) received Feb- Defense, transmitting the annual report de- 801(a)(1)(A); to the Committee on Energy and ruary 14, 2001, pursuant to 5 U.S.C. tailing test and evaluation activities of the Commerce. 801(a)(1)(A); to the Committee on Energy and Foreign Comparative Testing Program dur- 867. A letter from the Assistant General Commerce. ing FY 2000, pursuant to 10 U.S.C. 2350a(g); to Counsel for Regulatory Law, Office of En- 875. A letter from the Special Assistant to the Committee on Armed Services. ergy Efficiency and Renewable Energy, De- the Bureau Chief, Mass Media Bureau, Fed- 857. A letter from the Deputy Secretary, partment of Energy, transmitting the De- eral Communications Commission, transmit- Department of Defense, transmitting the re- partment’s final rule—Energy Conservation ting the Commission’s final rule—Implemen- port to Congress for Department of Defense Program for Consumer Products; Central Air tation of Video Description of Video Pro- purchases from foreign entities in fiscal year Conditioners and Heat Pumps Energy Con- gramming [MM Docket No. 99–339] received 2000, pursuant to Public Law 104—201, section servation Standards [Docket No. EE–RM–97– February 2, 2001, pursuant to 5 U.S.C. 827 (110 Stat. 2611); to the Committee on 440] (RIN: 1904–AA77) received February 9, 801(a)(1)(A); to the Committee on Energy and Armed Services. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce. 858. A letter from the Chairman, Depart- Committee on Energy and Commerce. 876. A letter from the Special Assistant to ment of Defense Retirement Board of Actu- 868. A letter from the Assistant General the Bureau Chief, Mass Media Bureau, Fed- aries, transmitting the Board’s 2000 Report Counsel for Regulatory Law, Office of En- eral Communications Commission, transmit- on the status of the Department of Defense ergy Efficiency and Renewable Energy, De- ting the Commission’s final rule—Amend- Military Retirement Fund, pursuant to 10 partment of Energy, transmitting the De- ment of Section 73.202(b) Table of Allot- U.S.C. 1464(c); to the Committee on Armed partment’s final rule—Alternate Fuel Trans- ments, FM Broadcast Stations (Columbia Services. portation Program; Biodiesel Fuel Use Cred- City, Florida) [MM Docket No. 97–252; RM– 859. A letter from the Principal Deputy it (RIN: 1904–AB00) received February 9, 2001, 9602] received February 2, 2001, pursuant to 5 Under Secretary of Defense, Department of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on En- Defense, transmitting a report entitled, mittee on Energy and Commerce. ergy and Commerce. ‘‘Distribution of DoD Depot Maintenance 869. A letter from the Assistant General 877. A letter from the Special Assistant to Workloads for Fiscal Years 1999 and 2000’’; to Counsel for Regulatory Law, Office of En- the Bureau Chief, Mass Media Bureau, Fed- the Committee on Armed Services. ergy Efficiency and Renewable Energy, De- eral Communications Commission, transmit- 860. A letter from the Director of Defense partment of Energy, transmitting the De- ting the Commission’s final rule—Review of Research and Engineering, Department of partment’s final rule—Energy Conservation the Commission’s Regulations Governing At- Defense, transmitting two reports entitled, Program for Consumer Products; Clothes tribution Of Broadcast and Cable/MDS Inter- ‘‘Efficient Utilization of Defense Labora- Washer Energy Conservation Standards ests [MM Docket No. 94–150] Review of the tories’’ and the ‘‘Test and Evaluation Capa- [Docket No. EE–RM–94–403] (RIN: 1904–AA67) Commission’s Regulations and Policies Af- bilities’’ are provided in response to section received February 9, 2001, pursuant to 5 fecting Investment In the Broadcast Indus- 913(a) of the National Defense Authorization U.S.C. 801(a)(1)(A); to the Committee on En- try [MM Docket No. 92–51] Reexamination of Act for Fiscal Year 2000 (NDAA FY00); to the ergy and Commerce. the Commission’s Cross-Interest Policy [MM Committee on Armed Services. 870. A letter from the Director, Regula- Docket No. 87–154] received February 9, 2001, 861. A letter from the Assistant Secretary tions Policy and Management Staff, FDA, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Housing—Federal Housing Commissioner, Department of Health and Human Services, mittee on Energy and Commerce. Department of Housing and Urban Develop- transmitting the Department’s final rule— ment, transmitting a report entitled, ‘‘Build- Human Cells, Tissues, and Celluar and Tis- 878. A letter from the Special Assistant to ing the Public Trust: A Report to Congress sue-Based Products; Establishment Registra- the Bureau Chief, Mass Media Bureau, Fed- on Fair Housing in America Management Re- tion and Listing [Docket No. 97N–484R] re- eral Communications Commission, transmit- form,’’ pursuant to 12 U.S.C. 1709(v); to the ceived February 9, 2001, pursuant to 5 U.S.C. ting the Commission’s final rule—Implemen- Committee on Financial Services. 801(a)(1)(A); to the Committee on Energy and tation of Video Description of Video Pro- 862. A letter from the Assistant to the Commerce. gramming [MM Docket No. 99–339] received Board, Board of Governors of the Federal Re- 871. A letter from the Director, Regula- February 9, 2001, pursuant to 5 U.S.C. serve System, transmitting the Board’s final tions Policy and Management Staff, FDA, 801(a)(1)(A); to the Committee on Energy and rule—Financial Subsidiaries [Regulation H; Department of Health and Human Services, Commerce. Docket No. R–1066] received February 5, 2001, transmitting the Department’s final rule— 879. A letter from the Chief, Policy and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Hazard Analysis and Critical Control Point Rules Division, Office of Engineering & mittee on Financial Services. (HAACP); Procedures for the Safe and Sani- Technology, Federal Communications Com- 863. A letter from the Director, Corporate tary Processing and Importing of Juice mission, transmitting the Commission’s Policy and Research Department, Pension [Docket No. 97N–0511] (RIN: 0910–AA43) re- final rule—Amendment of Part 2 of the Com- Benefit Guaranty Corporation, transmitting ceived February 6, 2001, pursuant to 5 U.S.C. mission’s Rules to Allocate Additional Spec- the Corporation’s final rule—Benefits Pay- 801(a)(1)(A); to the Committee on Energy and trum to the Inter-Satellite, Fixed, and Mo- able in Terminated Single-Employer Plans; Commerce. bile Services and to Permit Unlicensed De- Allocation of Assets in Single-Employer 872. A letter from the Deputy Executive vices to Use Certain Segments in the 50.2– Plans; Interest Assumptions for Valuing and Secretary to the Department, Health Care 50.4 GHz and 51.4–71.0 GHz Bands [ET Docket Paying Benefits—received February 1, 2001, Financing Administration, Department of No. 99–261] received February 9, 2001, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Health and Human Services, transmitting ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Education and the Workforce. the Department’s ‘‘Major’’ final rule—Med- on Energy and Commerce. 864. A letter from the Chairman, Federal icaid Program; Change in Application of 880. A letter from the Chief, Policy and Energy Regulatory Commission, transmit- Federal Financial Participation Limits Rules Division, Office of Engineering & H408 CONGRESSIONAL RECORD — HOUSE February 26, 2001 Technology, Federal Communications Com- copy of D.C. ACT 13–588, ‘‘John T. ‘Big John’ Sr., Recreation Center Designation Act of mission, transmitting the Commission’s Williams Building Designation Temporary 2000’’ received February 16, 2001, pursuant to final rule—Amendment of Parts 2 and 25 of Act of 2000’’ received February 16, 2001, pur- D.C. Code section 1—233(c)(1); to the Com- the Commission’s Rules to Permit Operation suant to D.C. Code section 1—233(c)(1); to the mittee on Government Reform. of NGSO FSS Systems Co-Frequency with Committee on Government Reform. 903. A letter from the Executive Director, GSO and Terrestrial Systems in the Ku-Band 891. A letter from the Chairman, Council of District of Columbia Financial Responsi- Frequency Range [ET Docket No. 98–206; the District of Columbia, transmitting a bility and Management Assistance Author- RM–9147; RM–9245] Amendment of the Com- copy of D.C. ACT 13–592, ‘‘Motor Vehicle and ity, transmitting a report on General Pur- mission’s Rules to Authorize Subsidiary Ter- Safe Driving Amendment Act of 2000’’ repose Financial Statements and the Inde- restrial Use of the 12.2–12.7 GHz Band by Di- ceived February 16, 2001, pursuant to D.C. pendent Auditor’s Report for the fiscal year rect Broadcast Satellite Licensees and Their Code section 1—233(c)(1); to the Committee ended September 30, 2000; to the Committee Affiliates; and Applications of Broadwave on Government Reform. on Government Reform. USA, PDC Broadband Corporation, and Sat- 892. A letter from the Chairman, Council of 904. A letter from the Assistant Director ellite Receivers, Ltd. to Provide A Fixed the District of Columbia, transmitting a for Legislative Affairs, Equal Employment Service in the 12.2–12.7 GHz Band—Received copy of D.C. ACT 13–594, ‘‘Tree Protection Opportunity Commission, transmitting a February 9, 2001, pursuant to 5 U.S.C. Amendment Act of 2000’’ received February copy of the Commission’s report in compli- 801(a)(1)(A); to the Committee on Energy and 16, 2001, pursuant to D.C. Code section 1— ance with the Government in the Sunshine Commerce. 233(c)(1); to the Committee on Government Act during the calendar year 2000, pursuant 881. A letter from the Chief, Policy and Reform. to 5 U.S.C. 552b(j); to the Committee on Gov- Rules Division, Office of Engineering & 893. A letter from the Chairman, Council of ernment Reform. Technology, Federal Communications Com- the District of Columbia, transmitting a 905. A letter from the United States Trade mission, transmitting the Commission’s copy of D.C. ACT 13–598, ‘‘Closing of a Public Representative, Executive Office of the final rule—Amendment of the Commission’s Alley in Square 209, S.O. 2000–37, Temporary President, transmitting a report entitled, Rules With Regard to the 3650–3700 MHz Gov- Act of 2001’’ received February 16, 2001, pur- ‘‘2000 Annual Inventory of Commercial Ac- ernment Transfer Band [ET Docket No. 98– suant to D.C. Code section 1—233(c)(1); to the tivities Under the Federal Activities Inven- 237; RM–9411] The 4.9 GHz Band Transferred Committee on Government Reform. tory Reform Act P.L. 105–270’’; to the Com- from Federal Government Use [WT Docket 894. A letter from the Chairman, Council of mittee on Government Reform. No. 00–32] received February 9, 2001, pursuant the District of Columbia, transmitting a 906. A letter from the Chairman, Federal to 5 U.S.C. 801(a)(1)(A); to the Committee on copy of D.C. ACT 13–596, ‘‘Fire/EMS Excepted Deposit Insurance Corporation, transmitting Energy and Commerce. Service Designation Temporary Act of 2001’’ a copy of the annual report in compliance 882. A letter from the Secretary, Federal received February 16, 2001, pursuant to D.C. with the Government in the Sunshine Act Trade Commission, transmitting the Com- Code section 1—233(c)(1); to the Committee during the calendar year 2000, pursuant to 5 mission’s final rule—Trade Regulation Rule on Government Reform. U.S.C. 552b(j); to the Committee on Govern- 895. A letter from the Chairman, Council of Relating To Power Output Claims For Am- ment Reform. the District of Columbia, transmitting a plifiers Utilized in Home Entertainment 907. A letter from the Acting Director, Fish copy of D.C. ACT 13–601, ‘‘Closing of a Public Products—received February 2, 2001, pursu- and Wildlife Service, Division of Endangered Alley in Square 741, S.O. 00–82, Act of 2000’’ ant to 5 U.S.C. 801(a)(1)(A); to the Committee Species, Department of the Interior, trans- received February 16, 2001, pursuant to D.C. on Energy and Commerce. mitting the Department’s final rule—Endan- Code section 1—233(c)(1); to the Committee 883. A letter from the Chairman, Council of gered and Threatened Wildlife and Plants; on Government Reform. the District of Columbia, transmitting a Final Determination of Critical Habitat for 896. A letter from the Chairman, Council of copy of D.C. ACT 13–602, ‘‘Galen Tait Memo- the Morro Shoulderband Snail the District of Columbia, transmitting a rial Park Designation Act of 2000’’ received (Helminthoglypta walkeriana) (RIN: 1018– copy of D.C. ACT 13–600, ‘‘Uniform Child-Cus- February 16, 2001, pursuant to D.C. Code sec- AG27) received February 6, 2001, pursuant to tody Jurisdiction and Enforcement Act of tion 1—233(c)(1); to the Committee on Gov- 5 U.S.C. 801(a)(1)(A); to the Committee on 2000’’ received February 16, 2001, pursuant to ernment Reform. Resources. 884. A letter from the Chairman, Council of D.C. Code section 1—233(c)(1); to the Com- 908. A letter from the Acting Director, Fish the District of Columbia, transmitting a mittee on Government Reform. and Wildlife Service, Department of the Inte- copy of D.C. ACT 13–582, ‘‘Waverly Alley Des- 897. A letter from the Chairman, Council of rior, transmitting the Department’s final ignation Act of 2000’’ received February 16, the District of Columbia, transmitting a rule—Endangered and Threatened Wildlife 2001, pursuant to D.C. Code section 1— copy of D.C. ACT 13–577, ‘‘Fair Phone and Plants; Final Determination of Critical 233(c)(1); to the Committee on Government Charges for Prisoners Act of 2000’’ received Habitat for the Zayante Band-Winged Grass- Reform. February 16, 2001, pursuant to D.C. Code sec- hopper (RIN: 1018–AG28) received February 6, 885. A letter from the Chairman, Council of tion 1—233(c)(1); to the Committee on Gov- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the the District of Columbia, transmitting a ernment Reform. Committee on Resources. copy of D.C. ACT 13–581, ‘‘Freedom of Infor- 898. A letter from the Chairman, Council of mation Amendment Act of 2000’’ received the District of Columbia, transmitting a 909. A letter from the Acting Director, Of- February 16, 2001, pursuant to D.C. Code sec- copy of D.C. ACT 13–578, ‘‘Abatement and fice of Sustainable Fisheries, NMFS, Na- tion 1—233(c)(1); to the Committee on Gov- Condemnation of Nuisance Properties Omni- tional Oceanic and Atmospheric Administra- ernment Reform. bus Amendment Act of 2000’’ received Feb- tion, transmitting the Department’s final 886. A letter from the Chairman, Council of ruary 16, 2001, pursuant to D.C. Code section rule—Fisheries Off West Coast States and in the District of Columbia, transmitting a 1—233(c)(1); to the Committee on Govern- the Western Pacific; West Coast Salmon copy of D.C. ACT 13–573, ‘‘Public Access to ment Reform. Fisheries; Closures and Inseason Adjust- Automated External Defibrillator Act of 899. A letter from the Chairman, Council of ments from the U.S.-Canada Border to the 2000’’ received February 16, 2001, pursuant to the District of Columbia, transmitting a Oregon-California Border [Docket No. D.C. Code section 1—233(c)(1); to the Com- copy of D.C. ACT 13–579, ‘‘Anthony W. Simms 000501119–01; I.D. 102300B] received February mittee on Government Reform. Tunnel Designation Act of 2000’’ received 5, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to 887. A letter from the Chairman, Council of February 16, 2001, pursuant to D.C. Code sec- the Committee on Resources. the District of Columbia, transmitting a tion 1—233(c)(1); to the Committee on Gov- 910. A letter from the Director, Office of copy of D.C. ACT 13–574, ‘‘Technical Amend- ernment Reform. Sustainable Fisheries, NMFS, National Oce- ment Act of 2000’’ received February 16, 2001, 900. A letter from the Chairman, Council of anic and Atmospheric Administration, trans- pursuant to D.C. Code section 1—233(c)(1); to the District of Columbia, transmitting a mitting the Administration’s final rule—At- the Committee on Government Reform. copy of D.C. ACT 13–583, ‘‘Closing of a Public lantic Highly Migratory Species; Pelagic 888. A letter from the Chairman, Council of Alley in Square 209, S.O. 2000–37, Act of 2000’’ Longline Fishery Vessel Monitoring Systems the District of Columbia, transmitting a received February 16, 2001, pursuant to D.C. [I.D. 110800A] (RIN: 0648–AJ67) received Feb- copy of D.C. ACT 13–575, ‘‘Individuals with Code section 1—233(c)(1); to the Committee ruary 12, 2001, pursuant to 5 U.S.C. Disabilities Parking Reform Amendment Act on Government Reform. 801(a)(1)(A); to the Committee on Resources. of 2000’’ received February 16, 2001, pursuant 901. A letter from the Chairman, Council of 911. A letter from the Acting Assistant Ad- to D.C. Code section 1—233(c)(1); to the Com- the District of Columbia, transmitting copy ministrator for Fisheries, NMFS, National mittee on Government Reform. of D.C. ACT 13–589, ‘‘Necessity for Council Oceanic and Atmospheric Administration, 889. A letter from the Chairman, Council of Review and Approval of Standards for Public transmitting the Administration’s final the District of Columbia, transmitting a Art on Special Signs in the District of Co- rule—Fisheries of the Northeastern United copy of D.C. ACT 13–599, ‘‘Omnibus Trusts lumbia Temporary Act of 2001’’ received Feb- States; Summer Flounder, Scup, and Black and Estates Amendment Act of 2000’’ re- ruary 16, 2001, pursuant to D.C. Code section Sea Bass Fisheries; Emergency for the Sum- ceived February 16, 2001, pursuant to D.C. 1—233(c)(1); to the Committee on Govern- mer Flounder Fishery; Extension of an Expi- Code section 1—233(c)(1); to the Committee ment Reform. ration Date [Docket No. 000727220–0220–01; on Government Reform. 902. A letter from the Chairman, Council of I.D. 072400A] (RIN: 0648–AO32) received Feb- 890. A letter from the Chairman, Council of the District of Columbia, transmitting a ruary 12, 2001, pursuant to 5 U.S.C. the District of Columbia, transmitting a copy of D.C. ACT 13–591, ‘‘Harry L. Thomas, 801(a)(1)(A); to the Committee on Resources. February 26, 2001 CONGRESSIONAL RECORD — HOUSE H409 912. A letter from the Acting Director, Of- partment of Transportation, transmitting worthiness Directives; British Aerospace fice of Sustainable Fisheries, NMFS, Na- the Department’s final rule—Drawbridge Op- Model BAe 146 and Model Avro 146–RJ Series tional Oceanic and Atmospheric Administra- eration Regulations; Harlem River, NY Airplanes [Docket No. 99–NM–190–AD; tion, transmitting the Administration’s final [CGD01–01–008] received February 8, 2001, pur- Amendment 39–12057; AD 2000–26–07] (RIN: rule—Fisheries of the Exclusive Economic suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2120–AA64) received February 8, 2001, pursu- Zone Off Alaska; Pollock in Statistical Area mittee on Transportation and Infrastruc- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 610 of the Gulf of Alaska [Docket No. ture. on Transportation and Infrastructure. 010112013–1301–01; I.D. 012901A] received Feb- 922. A letter from the Chief, Office of Regu- 931. A letter from the Program Analyst, ruary 12, 2001, pursuant to 5 U.S.C. lations and Administrative Law, USCG, De- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Resources. partment of Transportation, transmitting mitting the Department’s final rule—Air- 913. A letter from the Acting Director, Of- the Department’s final rule—Drawbridge Op- worthiness Directives; BAe Systems (Oper- fice of Sustainable Fisheries, NMFS, Na- eration Regulations; Sanibel Causeway ations) Limited Model ATP Airplanes [Dock- tional Oceanic and Atmospheric Administra- Bridge [CGD07–01–005] received February 8, et No. 99–NM–249–AD; Amendment 39–12060; tion, transmitting the Administration’s final 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the AD 2000–26–10] (RIN: 2120–AA64) received Feb- rule—Fisheries of the Exclusive Economic Committee on Transportation and Infra- ruary 8, 2001, pursuant to 5 U.S.C. Zone Off Alaska; Atka Mackerel in the East- structure. 801(a)(1)(A); to the Committee on Transpor- ern Aleutian District and Bering Sea Sub- 923. A letter from the Chief, Office of Regu- tation and Infrastructure. lations and Administrative Law, USCG, De- area of the Bering Sea and Aleutian Islands 932. A letter from the Program Analyst, partment of Transportation, transmitting [Docket No. 010112013–1013–01; I.D. 012201D] FAA, Department of Transportation, trans- the Department’s final rule—Drawbridge Op- received February 12, 2001, pursuant to 5 mitting the Department’s final rule—Air- eration Regulations; Chelsea River, MA U.S.C. 801(a)(1)(A); to the Committee on Re- worthiness Directives; Industrie [CGD01–01–013] received February 8, 2001, pur- sources. Aeronautiche e Meccaniche Model Piaggio 914. A letter from the Acting Assistant Ad- suant to 5 U.S.C. 801(a)(1)(A); to the Com- P–180 Airplanes [Docket No. 99–CE–34–AD; ministrator, NMFS, National Oceanic and mittee on Transportation and Infrastruc- Amendment 39–12053; AD 2000–03–19] (RIN: Atmospheric Administration, transmitting ture. 2120–AA64) received February 8, 2001, pursu- the Administration’s final rule—Fisheries of 924. A letter from the Chief, Office of Regu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Northeastern United States; Atlantic lations and Administrative Law, USCG, De- on Transportation and Infrastructure. Sea Scallop Fishery; Extension of Closed partment of Transportation, transmitting Areas [Docket No. 001120324–1030–02; I.D. the Department’s final rule—Drawbridge Op- 933. A letter from the Chief, Office of Regu- 110700D] (RIN: 0648–AO71) received February eration Regulations; Hillsborough River lations and Administrative Law, USCG, De- 15, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to [CGD07–01–002] (RIN: 2115–AE47) received partment of Transportation, transmitting the Committee on Resources. February 8, 2001, pursuant to 5 U.S.C. the Department’s final rule—Revision to 915. A letter from the Deputy General 801(a)(1)(A); to the Committee on Transpor- Federal Blood Alcohol Concentration (BAC) Counsel, FBI, Department of Justice, trans- tation and Infrastructure. Standard for Recreational Vessel Operators: mitting the Department’s final rule—Na- 925. A letter from the Program Analyst, Delay of Effective Date [USCG–1998–4593] tional Instant Criminal Background Check FAA, Department of Transportation, trans- (RIN: 2115–AF72) received February 2, 2001, System Regulation [AG Order No. 2354–2001]; mitting the Department’s final rule—Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [FBI 105F] (RIN: 1110–AA02) received Feb- worthiness Directives; Airbus Model A300 B2 mittee on Transportation and Infrastruc- ruary 2, 2001, pursuant to 5 U.S.C. and B4 Series Airplanes, and Model A300 B4– ture. 801(a)(1)(A); to the Committee on the Judici- 600, A300 B4–600R, and A300 F4–600R (A300– 934. A letter from the Program Analyst, ary. 600) Series Airplanes [Docket No. 2000–NM– FAA, Department of Transportation, trans- 916. A letter from the Rules Administrator, 48–AD; Amendment 39–12052; AD 2000–26–03] mitting the Department’s final rule—Estab- Federal Bureau of Prisons, Department of (RIN: 2120–AA64) received February 8, 2001, lishment of Class E Airspace; Cape Justice, transmitting the Department’s final pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Romanzof, AK [Airspace Docket No. 00–AAL– rule—Drug Abuse Treatment and Intensive mittee on Transportation and Infrastruc- 13] received February 2, 2001, pursuant to 5 Confinement Center Programs: Early Re- ture. U.S.C. 801(a)(1)(A); to the Committee on lease Consideration [BOP–1034–F; BOP–1052– 926. A letter from the Program Analyst, Transportation and Infrastructure. F; BOP–1070–F] (RIN: 1120–AA36; RIN: 1120– FAA, Department of Transportation, trans- 935. A letter from the Program Analyst, AA66) received February 15, 2001, pursuant to mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on the worthiness Directives; BMW Rolls-Royce mitting the Department’s final rule—Estab- Judiciary. GmbH Models BR700–710A1–10 and BR700– lishment of Class E Airspace; Prineville, OR 917. A letter from the Acting Vice Presi- 710A2–20 Turbofan Engines [Docket No. 2000– [Airspace Docket No. 00–ANM–14] received dent for Government Affairs, Amtrak, trans- NE–44–AD; Amendment 39–12071; AD 2001–01– February 12, 2001, pursuant to 5 U.S.C. mitting the 2000 Annual Report, and Am- 01] (RIN: 2120–AA64) received February 8, 801(a)(1)(A); to the Committee on Transpor- trak’s FY 2002 Legislative Report and Grant 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. Request, pursuant to 12 U.S.C. 1701y(f)(2); to Committee on Transportation and Infra- 936. A letter from the Program Analyst, the Committee on Transportation and Infra- structure. FAA, Department of Transportation, trans- structure. 927. A letter from the Program Analyst, mitting the Department’s final rule—Estab- 918. A letter from the Chief, Office of Regu- FAA, Department of Transportation, trans- lishment of Class E Airspace; Sparrevohn, lations and Administrative Law, USCG, De- mitting the Department’s final rule—Civil AK [Airspace Docket No. 00–AAL–10] re- partment of Transportation, transmitting Penalty Actions in Commercial Space Trans- ceived February 12, 2001, pursuant to 5 U.S.C. the Department’s final rule—Drawbridge Op- portation [Docket No. FAA–2001–8607; 801(a)(1)(A); to the Committee on Transpor- eration Regulations; Sacramento River, CA Amendment Nos. 405–2 406–2] (RIN: 2120– tation and Infrastructure. [CGD11–01–001] received February 8, 2001, pur- AH18) received February 2, 2001, pursuant to 937. A letter from the Program Analyst, suant to 5 U.S.C. 801(a)(1)(A); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- Transportation and Infrastructure. mitting the Department’s final rule—Estab- ture. 928. A letter from the Program Analyst, 919. A letter from the Chief, Office of Regu- FAA, Department of Transportation, trans- lishment of Class E Airspace; Cape lations and Administrative Law, USCG, De- mitting the Department’s final rule—Air- Newenham, AK [Airspace Docket No. 00– partment of Transportation, transmitting worthiness Directives; British Aerospace AAL–12] received February 12, 2001, pursuant the Department’s final rule—Drawbridge Op- (Jetstream) Model 4101 Airplanes [Docket to 5 U.S.C. 801(a)(1)(A); to the Committee on eration Regulations; Hillsborough River, No. 99–NM–250–AD; Amendment 39–12058; AD Transportation and Infrastructure. Tampa, FL [CGD07–01–003] (RIN: 2115–AE47) 2000–26–08] (RIN: 2120–AA64) received Feb- 938. A letter from the Program Analyst, received February 8, 2001, pursuant to 5 ruary 8, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Estab- Transportation and Infrastructure. tation and Infrastructure. lishment of Class E Airspace; Tin City, AK 920. A letter from the Chief, Office of Regu- 929. A letter from the Program Analyst, [Airspace Docket No. 00–AAL–14] received lations and Administrative Law, USCG, De- FAA, Department of Transportation, trans- February 12, 2001, pursuant to 5 U.S.C. partment of Transportation, transmitting mitting the Department’s final rule—Air- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Drawbridge Op- worthiness Directives; Dornier Model 328–100 tation and Infrastructure. eration Regulations; Brorein Street Bridge, Series Airplanes [Docket No. 97–NM–201–AD; 939. A letter from the Program Analyst, across the Hillsborough River, Tampa, FL Amendment 39–12059; AD 2000–26–09] (RIN: FAA, Department of Transportation, trans- [CGD07–01–009] received February 8, 2001, pur- 2120–AA64) received February 8, 2001, pursu- mitting the Department’s final rule—Estab- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee lishment of Class E Airspace; Cape Lisburne, mittee on Transportation and Infrastruc- on Transportation and Infrastructure. AK [Airspace Docket No. 00–AAL–11] re- ture. 930. A letter from the Program Analyst, ceived February 12, 2001, pursuant to 5 U.S.C. 921. A letter from the Chief, Office of Regu- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- lations and Administrative Law, USCG, De- mitting the Department’s final rule—Air- tation and Infrastructure. H410 CONGRESSIONAL RECORD — HOUSE February 26, 2001 940. A letter from the Program Analyst, 951. A letter from the Program Analyst, cellaneous Amendments [Docket No. 30228; FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Amdt. No. 2034] received February 15, 2001, mitting the Department’s final rule—Rev- mitting the Department’s final rule—Revi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ocation of Class E Airspace; Gage, OK [Air- sion of Class E Airspace; Atlanta, TX [Air- mittee on Transportation and Infrastruc- space Docket No. 00–ASW–21] received Feb- space Docket No. 2000–ASW–19] received Feb- ture. ruary 12, 2001, pursuant to 5 U.S.C. ruary 12, 2001, pursuant to 5 U.S.C. 962. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- tation and Infrastructure. tation and Infrastructure. mitting the Department’s final rule—Stand- 941. A letter from the Program Analyst, 952. A letter from the Program Analyst, ard Instrument Approach Procedures; Mis- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- cellaneous Amendments [Docket No. 30226; mitting the Department’s final rule—Amend- mitting the Department’s final rule—Modi- Amdt. No. 2032] received February 15, 2001, ment to Class E Airspace; Bassett, NE [Air- fication of Class E Airspace; St.George, UT pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- space Docket No. 00–ACE–39] received Feb- [Airspace Docket No. 99–ANM–10] received mittee on Transportation and Infrastruc- ruary 12, 2001, pursuant to 5 U.S.C. February 15, 2001, pursuant to 5 U.S.C. ture. 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- 963. A letter from the Program Analyst, tation and Infrastructure. tation and Infrastructure. FAA, Department of Transportation, trans- 942. A letter from the Program Analyst, 953. A letter from the Program Analyst, mitting the Department’s final rule—Stand- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- ard Instrument Approach Procedures; Mis- mitting the Department’s final rule—Amend- mitting the Department’s final rule—Stand- cellaneous Amendments [Docket No. 30230; ment to Class E Airspace; Council Bluffs, IA ard Instrument Approach Procedures; Mis- Amdt. No. 2036] received February 15, 2001, [Airspace Docket No. 00–ACE–35] received cellaneous Amendments [Docket No. 30224; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- February 12, 2001, pursuant to 5 U.S.C. Amdt. No. 2030] received February 2, 2001, mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. tation and Infrastructure. mittee on Transportation and Infrastruc- 964. A letter from the Program Analyst, 943. A letter from the Program Analyst, ture. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- 954. A letter from the Program Analyst, mitting the Department’s final rule—Stand- mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- ard Instrument Approach Procedures; Mis- ment to Class E Airspace; Bowling Green, mitting the Department’s final rule—Stand- cellaneous Amendments [Docket No. 30229; MO [Airspace Docket No. 00–ACE–36] re- ard Instrument Approach Procedures; Mis- Amdt. No. 2035] received February 15, 2001, ceived February 12, 2001, pursuant to 5 U.S.C. cellaneous Amendments [Docket No. 30225; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- Amdt. No. 2031] received February 2, 2001, mittee on Transportation and Infrastruc- tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. 965. A letter from the Program Analyst, 944. A letter from the Program Analyst, mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- ture. mitting the Department’s final rule—Air- mitting the Department’s final rule—Amend- 955. A letter from the Program Analyst, worthiness Directives; Bombardier Model ment to Class E Airspace; Grant, NE [Air- FAA, Department of Transportation, trans- CL–600–2B19 Series Airplanes [Docket No. space Docket No. 00–ACE–37] received Feb- mitting the Department’s final rule—Civil 2000–NM–299–AD; Amendment 39–12107; AD ruary 12, 2001, pursuant to 5 U.S.C. Penalty Actions in Commercial Space Trans- 2001–03–04] (RIN: 2120–AA64) received Feb- 801(a)(1)(A); to the Committee on Transpor- portation: Delay of Effective Date (RIN: ruary 15, 2001, pursuant to 5 U.S.C. tation and Infrastructure. 2120–AH18) received February 2, 2001, pursu- 801(a)(1)(A); to the Committee on Transpor- 945. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee tation and Infrastructure. FAA, Department of Transportation, trans- on Transportation and Infrastructure. 966. A letter from the Program Analyst, mitting the Department’s final rule—Amend- 956. A letter from the Program Analyst, FAA, Department of Transportation, trans- ment to Class E Airspace; Ogallala, NE [Air- FAA, Department of Transportation, transmitting the Department’s final rule—Air- space Docket No. 00–ACE–38] received Feb- mitting the Department’s final rule—Estab- worthiness Directives; Eurocopter Deutsch- ruary 12, 2001, pursuant to 5 U.S.C. lishment of Class E Airspace; Sugar Land, land GMBH Model MBB-BK 117 Helicopters 801(a)(1)(A); to the Committee on Transpor- TX [Airspace Docket No. 2001–ASW–03] re- [Docket No. 99–SW–67–AD; Amendment 39– tation and Infrastructure. ceived February 15, 2001, pursuant to 5 U.S.C. 12056; AD 2000–26–06] (RIN: 2120–AA64) re- 946. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- ceived February 12, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Amend- 957. A letter from the Program Analyst, tation and Infrastructure. ment to Class E Airspace; Bloomfield, IA FAA, Department of Transportation, trans- 967. A letter from the Program Analyst, [Airspace Docket No. 00–ACE–32] received mitting the Department’s final rule—Amend- FAA, Department of Transportation, trans- February 12, 2001, pursuant to 5 U.S.C. ment to Class E Airspace; Algona, IA [Air- mitting the Department’s final rule—Air- 801(a)(1)(A); to the Committee on Transpor- space Docket No. 00–ACE–34] received Feb- worthiness Directives; Agusta S.p.A Model tation and Infrastructure. ruary 15, 2001, pursuant to 5 U.S.C. A109E Helicopters [Docket No. 2000–SW–65– 947. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- AD; Amendment 39–12106; AD 2000–25–54] FAA, Department of Transportation, trans- tation and Infrastructure. (RIN: 2120–AA64) received February 15, 2001, mitting the Department’s final rule—Amend 958. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Class E Airspace; Westminster, MD [Airspace FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- Docket No. 00–AEA–04FR] received February mitting the Department’s final rule—Modi- ture. 2, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to fication and Revocation of VOR and Colored 968. A letter from the Program Analyst, the Committee on Transportation and Infra- Federal Airways and Jet Routes; AK [Air- FAA, Department of Transportation, trans- structure. space Docket No. 98–AAL–26] (RIN: 2120– mitting the Department’s final rule—Correc- 948. A letter from the Program Analyst, AA66) received February 15, 2001, pursuant to tions to Flight Data Recorder Specifications FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket Nos. 121–271, 121–278, 125–32 & 125–34] mitting the Department’s final rule—Amend- Transportation and Infrastructure. (RIN: 2120–AG–88) received February 2, 2001, ment to Class E Airspace; Albia, IA [Air- 959. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- space Docket No. 00–ACE–33] received Feb- FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- ruary 12, 2001, pursuant to 5 U.S.C. mitting the Department’s final rule—Amend ture. 801(a)(1)(A); to the Committee on Transpor- Legal Description of Jet Route J–501 [Air- 969. A letter from the Program Analyst, tation and Infrastructure. space Docket No. 00–ANM–20] (RIN: 2120– FAA, Department of Transportation, trans- 949. A letter from the Program Analyst, AA66) received February 12, 2001, pursuant to mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Eurocopter Deutsch- mitting the Department’s final rule—Modi- Transportation and Infrastructure. land GMBH Model BO–105CB–5 and BO– fication of Class E Airspace; Astoria, OR 960. A letter from the Program Analyst, 105CBS–5 Helicopters [Docket No. 99–SW–65– [Airspace Docket No. 00–ANM–21] received FAA, Department of Transportation, trans- AD; Amendment 39–12048; AD 2000–26–01] February 12, 2001, pursuant to 5 U.S.C. mitting the Department’s final rule—Stand- (RIN: 2120–AA64) received February 12, 2001, 801(a)(1)(A); to the Committee on Transpor- ard Instrument Approach Procedures; Mis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. cellaneous Amendments [Docket No. 30227; mittee on Transportation and Infrastruc- 950. A letter from the Program Analyst, Amdt. No. 2033] received February 15, 2001, ture. FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 970. A letter from the Program Analyst, mitting the Department’s final rule—Modi- mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- fication of Class E Airspace; Tillamook, OR ture. mitting the Department’s final rule—Air- [Airspace Docket No. 00–ANM–16] received 961. A letter from the Program Analyst, worthiness Directives; British Aerospace February 12, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- HP137 Mk1, Jetstream Series 200, and Jet- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Stand- stream Models 3101 and 3201 Airplanes [Dock- tation and Infrastructure. ard Instrument Approach Procedures; Mis- et No. 2000–CE–57–AD; Amendment 39–12073; February 26, 2001 CONGRESSIONAL RECORD — HOUSE H411 AD 2001–01–03] (RIN: 2120–AA64) received Feb- 979. A letter from the Chief, Regulations vide for the appointment of additional Fed- ruary 12, 2001, pursuant to 5 U.S.C. Office, U.S. Customs Service, Department of eral circuit and district judges, and for other 801(a)(1)(A); to the Committee on Transpor- the Treasury, transmitting the Department’s purposes; jointly to the Committees on the tation and Infrastructure. final rule—Merchandise Processing Fee Eli- Judiciary and Resources. 971. A letter from the Program Analyst, gible To Be Claimed As Unused Merchandise 990. A letter from the Deputy Executive FAA, Department of Transportation, trans- Drawback [TD 01–18] (RIN: 1515–AC67) re- Secretary to the Department, Health Care mitting the Department’s final rule—Air- ceived February 7, 2001, pursuant to 5 U.S.C. Financing Administration, Department of worthiness Directives; British Aerospace 801(a)(1)(A); to the Committee on Ways and Health and Human Services, transmitting HP137 Mk1, Jetstream Series 200, and Jet- Means. the Department’s ‘‘Major’’ final rule—Medi- stream Models 3101 and 3201 Airplanes [Dock- 980. A letter from the Deputy Executive care Program; Monthly Actuarial Rates and et No. 99–CE–83–AD; Amendment 39–12072; AD Secretary to the Department, Health Care Monthly Supplementary Medical Insurance 2001–01–02] (RIN: 2120–AA64) received Feb- Financing Administration, Department of Premium Rate Beginning January 1, 2001 ruary 12, 2001, pursuant to 5 U.S.C. Health and Human Services, transmitting [HCFA–8009–N] received February 13, 2001, 801(a)(1)(A); to the Committee on Transpor- the Department’s ‘‘Major’’ final rule—Medi- pursuant to 5 U.S.C. 801(a)(1)(A); jointly to tation and Infrastructure. care Program; Inpatient Hospital Deductible the Committees on Ways and Means and En- 972. A letter from the Program Analyst, and Hospital and Extended Care Services Co- ergy and Commerce. FAA, Department of Transportation, trans- insurance Amounts for 2001 [HCFA–8007–N] 991. A letter from the Deputy Executive mitting the Department’s final rule—Air- (RIN: 0938–AK27) received February 13, 2001, Secretary to the Department, Health Care worthiness Directives; British Aerospace pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Financing Administration, Department of HP137 Mk1 and Jetstream Series 200 Air- mittee on Ways and Means. Health and Human Services, transmitting planes [Docket No. 99–CE–73–AD; Amend- 981. A letter from the Deputy Assistant the Department’s ‘‘Major’’ final rule—Medi- ment 39–12006; AD 2000–23–33] (RIN: 2120– Secretary, Employment and Training Ad- care Program; Expanded Coverage for Out- AA64) received February 12, 2001, pursuant to ministration, Department of Labor, trans- patient Diabetes Self-Management Training 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Wel- and Diabetes Outcome Measurements Transportation and Infrastructure. fare-to-Work (WtW) Grants (RIN: 1205–AB15) [HCFA–3002–F] (RIN: 0938–AI96) received Feb- 973. A letter from the Program Analyst, received February 2, 2001, pursuant to 5 ruary 13, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); jointly to the Committees on mitting the Department’s final rule—Air- Ways and Means. Ways and Means and Energy and Commerce. worthiness Directives; Raytheon Aircraft 982. A letter from the Chief, Regulations Company Beech Models 60, A60, and B60 Air- Unit, Internal Revenue Service, transmitting f planes [Docket No. 99–CE–74–AD; Amend- the Service’s final rule—Purchase Price Al- REPORTS OF COMMITTEES ON ment 39–12094; AD 2001–02–10] (RIN: 2120– locations in Deemed and Actual Asset Acqui- AA64) received February 12, 2001, pursuant to sitions [TD 8940] (RIN: 1545–AY73) received PUBLIC BILLS AND RESOLUTIONS 5 U.S.C. 801(a)(1)(A); to the Committee on February 12, 2001, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and committees were delivered to the Clerk 974. A letter from the Program Analyst, Means. for printing and reference to the proper FAA, Department of Transportation, trans- 983. A letter from the Chief, Regulations mitting the Department’s final rule—Air- Unit, Internal Revenue Service, transmitting calendar, as follows: worthiness Directives; Raytheon Aircraft the Service’s final rule—Electronic Payee Mr. SENSENBRENNER: Committee on the Company Beech Models A36, B36TC, and 58 Statements (RIN: 1545–AY00) received Feb- Judiciary. H.R. 256. A bill to extend for 11 ad- Airplanes [Docket No. 99–CE–79–AD; Amend- ruary 13, 2001, pursuant to 5 U.S.C. ditional months the period for which chapter ment 39–12066; AD 2000–26–16] (RIN: 2120– 801(a)(1)(A); to the Committee on Ways and 12 of title 11 of the United States Code is re- AA64) received February 12, 2001, pursuant to Means. enacted (Rept. 107–2). Referred to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on 984. A letter from the Chief, Regulations mittee of the Whole House on the State of Transportation and Infrastructure. Unit, Internal Revenue Service, transmitting the Union. 975. A letter from the Program Analyst, the Service’s final rule—Weighted Average Mr. SENSENBRENNER: Committee on the FAA, Department of Transportation, trans- Interest Rate Update [Notice 2001–15] re- Judiciary. H.R. 333. A bill to amend title 11, mitting the Department’s final rule—Air- ceived February 12, 2001, pursuant to 5 U.S.C. United States Code, and for other purposes; worthiness Directives; Empresa Brasileira de 801(a)(1)(A); to the Committee on Ways and with an amendment (Rept. 107–3 Pt. 1). Aeronautica S.A. (EMBRAER) Model EMB– Means. DISCHARGE OF COMMITTEES 145 and EMB–135 Series Airplanes [Docket 985. A letter from the Chief, Regulations Pursuant to clause 5 of rule X the No. 2001–NM–16–AD; Amendment 39–12101; AD Unit, Internal Revenue Service, transmitting 2001–02–51] (RIN: 2120–AA64) received Feb- the Service’s final rule—CPI Adjustment for Committee on Financial Services dis- ruary 12, 2001, pursuant to 5 U.S.C. Below-market Loans for 2001; Correction—re- charged from further consideration. 801(a)(1)(A); to the Committee on Transpor- ceived February 14, 2001, pursuant to 5 U.S.C. H.R. 333 referred to the Committee of tation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and the Whole House on the State of the 976. A letter from the Program Analyst, Means. Union and ordered to be printed. FAA, Department of Transportation, trans- 986. A letter from the Secretary, Depart- mitting the Department’s final rule—Air- ment of Veterans Affairs, transmitting a let- f worthiness Directives; Empresa Brasileira de ter regarding the status of a joint report to TIME LIMITATION OF REFERRED Aeronautica S.A. (EMBRAER) Model EMB– Congress on the implementation of that por- BILL 120 Airplanes [Docket No. 2000–NM–133–AD; tion of the Health Resources Sharing and Amendment 39–11979; AD 2000–23–09] (RIN: Emergency Operations Act (38 U.S.C. 8111(f)) Pursuant to clause 5 of rule X the fol- 2120–AA64) received February 12, 2001, pursu- dealing with sharing of health care resources lowing action was taken by the Speak- ant to 5 U.S.C. 801(a)(1)(A); to the Committee between the Department of Veterans Affairs er: on Transportation and Infrastructure. and the Department of Defense; jointly to H.R. 333. Referral to the Committee on Fi- 977. A letter from the Program Analyst, the Committees on Armed Services and Vet- nancial Services extended for a period ending FAA, Department of Transportation, trans- erans’ Affairs. mitting the Department’s final rule—Air- 987. A letter from the Deputy Associate not later than February 26, 2001. worthiness Directives; Empresa Brasileira de Administrator, Environmental Protection f Aeronautica S.A. (EMBRAER) Model EMB– Agency, transmitting the Agency’s final 120 Series Airplanes [Docket No. 2000–NM– rule—Transfer and Cross-Collateralization of PUBLIC BILLS AND RESOLUTIONS 125–AD; Amendment 39–12090; AD 2001–02–06] Clean Water State Revolving Funds and Under clause 2 of rule XII, public (RIN: 2120–AA64) received February 12, 2001, Drinking Water State Revolving Funds—re- bills and resolutions were introduced pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived February 5, 2001, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- 801(a)(1)(A); jointly to the Committees on and severally referred, as follows: ture. Energy and Commerce and Transportation By Mr. BARTON of Texas (for himself 978. A letter from the Program Analyst, and Infrastructure. and Mr. BOUCHER): FAA, Department of Transportation, trans- 988. A letter from the Administrator, Envi- H.R. 723. A bill to amend the Atomic En- mitting the Department’s final rule—Air- ronmental Protection Agency, transmitting ergy Act of 1954 to remove an exemption worthiness Directives; Empresa Brasileira de a report entitled, ‘‘Progress Toward Imple- from civil penalties for nuclear safety viola- Aeronautica S.A. (EMBRAER) Model EMB– menting Superfund’’ for fiscal years 1995– tions by nonprofit institutions; to the Com- 145 Series Airplanes [Docket No. 2000–NM– 1997, pursuant to 42 U.S.C. 9620; jointly to the mittee on Energy and Commerce. 129–AD; Amendment 39–11976; AD 2000–23–06] Committees on Energy and Commerce and By Mr. BASS (for himself and Mr. BOU- (RIN: 2120–AA64) received February 12, 2001, Transportation and Infrastructure. CHER): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 989. A letter from the Secretary, Judicial H.R. 724. A bill to authorize appropriations mittee on Transportation and Infrastruc- Conference of the United States, transmit- to carry out part B of title I of the Energy ture. ting a draft of proposed legislation to pro- Policy and Conservation Act, relating to the H412 CONGRESSIONAL RECORD — HOUSE February 26, 2001 Strategic Petroleum Reserve; to the Com- ADDITIONAL SPONSORS H.R. 340: Mr. BLUMENAUER, Mr. EVANS, and mittee on Energy and Commerce. Under clause 7 of rule XII, sponsors Mr. MORAN of Virginia. H.R. 429: Mr. KILDEE, Mr. DEUTSCH, Ms. By Mr. TRAFICANT (for himself and were added to public bills and resolu- Mr. BARRETT): SLAUGHTER, Mr. HINOJOSA, Mr. LARSON of tions as follows: Connecticut, and Mrs. CHRISTENSEN. H.R. 725. A bill to establish a toll free num- H.R. 17: Mr. HINCHEY. H.R. 466: Ms. MCKINNEY. ber under the Federal Trade Commission to H.R. 21: Mr. TRAFICANT. H.R. 471: Mr. BORSKI. assist consumers in determining if products H.R. 23: Mr. TRAFICANT. H.R. 548: Mr. BILIRAKIS, Mr. MCDERMOTT, are American-made; to the Committee on H.R. 24: Mr. TRAFICANT. Mr. MORAN of Virginia, Ms. MCKINNEY, Mr. H.R. 31: Mr. NEY. Energy and Commerce. DEAL of Georgia, and Mr. PASTOR. H.R. 68: Mr. ALLEN, Mr. BALDACCI, Mr. By Mrs. MINK of Hawaii: H.R. 555: Mr. HOYER. SUNUNU, Mr. CALVERT, Mr. LAHOOD, Mr. H.R. 612: Mr. QUINN, Mr. TANCREDO, Mrs. H.R. 726. A bill to amend title 18, United CLEMENT, and Mr. GORDON. JONES of Ohio, Mr. FRANK, Mr. TRAFICANT, States Code, to ban using the Internet to ob- H.R. 80: Mr. KIND, Mr. TRAFICANT, and Mr. Mr. SANDERS, Mr. LUCAS of Oklahoma, and HORN. tain or dispose of a firearm; to the Com- Ms. HOOLEY of Oregon. mittee on the Judiciary. H.R. 82: Mr. TRAFICANT. H.R. 89: Mr. WALSH, Ms. MCKINNEY, and H.R. 665: Mr. ALLEN, Mr. BALDACCI, Mr. By Mr. SCHAFFER: Mr. MCGOVERN. BERMAN, Mr. BOUCHER, Mr. FATTAH, Mr. H. Res. 54. A resolution commemorating H.R. 90: Mr. EVANS, MR. BAIRD, Mr. HOYER, Mrs. LOWEY, Mrs. MALONEY of New African American pioneers in Colorado; to GRAHAM, and Mr. STRICKLAND. York, Mr. MCNULTY, and Ms. PELOSI. the Committee on Resources. H.R. 123: Mr. PICKERING and Mr. COMBEST. H.R. 687: Mr. DAVIS of Florida, Mrs. H.R. 147: Mr. EVANS, Ms. EDDIE BERNICE MCCARTHY of New York, Mr. LANTOS, and By Ms. MILLENDER-MCDONALD: JOHNSON of Texas, Mr. HINCHEY, and Mr. Mrs. MINK of Hawaii. H. Res. 55. A resolution expressing the RUSH. H. Res. 23: Mr. LUCAS of Kentucky, Ms. sense of the House of Representatives that H.R. 149: Mr. ANDREWS. MCKINNEY, Mr. SISISKY, Mrs. THURMAN, Mr. there should be established a day of celebra- H.R. 188: Mr. FROST, Mrs. JONES of Ohio, STUPAK, and Mr. SCHIFF. tion in honor of Dr. Dorothy Irene Height; to Mr. SCHAFFER, and Mr. OSBORNE. H.R. 237: Mr. LANTOS and Mr. MCGOVERN. f the Committee on Government Reform. H.R. 239: Mr. FATTAH, Mr. KENNEDY of By Mr. LANTOS (for himself, Mr. PETITIONS, ETC. Rhode Island, Mr. EVANS, Mr. LOBIONDO, and WOLF, Ms. PELOSI, Mr. SMITH of New Mr. KOLBE. Under clause 3 of rule XII, petitions Jersey, Mr. JACKSON of Illinois, Mr. H.R. 250: Mr. BLAGOJEVICH, Mr. TRAFICANT, and papers were laid on the clerk’s FRANK, Mr. CAPUANO, Mr. MCGOVERN, Mr. STUPAK, Mr. GREEN of Texas, Mr. desk and referred as follows: and Ms. RIVERS): DEFAZIO, Mr. BAIRD, Ms. NORTON, and Mr. 5. The SPEAKER presented a petition of a H. Res. 56. A resolution urging the appro- PAYNE. H.R. 256: Mr. GILLMOR, Mrs. JONES of Ohio, Citizen of Pryer, Oklahoma, relative to en- priate representative of the United States to Mr. SCHAFFER, Mr. NEY, Mr. OTTER, and Mr. acting legislation to make micro-chip im- the United Nations Commission on Human FARR of California. plants illegal; to the Committee on Govern- Rights to introduce at the annual meeting of H.R. 270: Mr. ENGEL, Mr. WEINER, Mr. WAX- ment Reform. the Commission a resolution calling upon MAN, and Ms. WOOLSEY. 6. Also, a petition of a Citizen of Chillicthe, the People’s Republic of China to end its H.R. 281: Mrs. MCCARTHY of New York. Missouri, relative to petitioning the United human rights violations in China and Tibet, H.R. 311: Mr. JONES of North Carolina. States Congress to claim redress of griev- and for other purposes; to the Committee on H.R. 333: Mr. PETERSON of Pennsylvania, ances of a California congressional can- Mr. BROWN of South Carolina, Mr. POMBO, didate; to the Committee on House Adminis- International Relations. and Mr. DAVIS of Florida. tration. E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, MONDAY, FEBRUARY 26, 2001 No. 23 Senate The Senate met at 12 noon and was READING OF WASHINGTON’S tant, and the time actually arrived called to order by the President pro FAREWELL ADDRESS when your thoughts must be employed tempore (Mr. THURMOND). The PRESIDENT pro tempore. Under in designating the person who is to be the previous order, the Senator from clothed with that important trust, it PRAYER Virginia, Mr. ALLEN, is recognized to appears to me proper, especially as it The Chaplain, Dr. Lloyd John read Washington’s Farewell Address. may conduce to a more distinct expres- Ogilvie, offered the following prayer. (Mr. KYL assumed the chair.) sion of the public voice, that I should Majestic God, Creator of many dif- Mr. ALLEN. I thank the Chair. now apprise you of the resolution I ferent races and colors in the human Mr. President, Members of the Sen- have formed, to decline being consid- family, we ask for love as inclusive as ate, it is my honor to read George Your love and attitudes as free of prej- Washington’s Farewell Address. As a ered among the number of those out of udice as You have shown in Your care preface to reading this address, I would whom a choice is to be made. for all people. like to make a few remarks so that ev- I beg you at the same time to do me This month as we gratefully recog- eryone gets the context of the Farewell the justice to be assured, that this res- nize the importance of African Ameri- Address of George Washington. olution has not been taken without cans in our history, remind us of the In September of 1796, worn out by the strict regard to all the considerations truth in Dr. Martin Luther King’s burdens of the Presidency and attacks appertaining to the relation which words that ‘‘the content of our char- of political foes, George Washington binds a dutiful citizen to his country— acter’’ is the highest goal we can announced his decision not to seek a and that, in withdrawing the tender of achieve. So many outstanding black third term. A student of history will service which silence in my situation see that Alexander Hamilton and Americans have risen to prominence in might imply, I am influenced by no James Madison left their fingerprints our Nation because of the content of diminution of zeal for your future in- in helping President Washington com- their character. terest, no deficiency of grateful respect Along with Dr. King, we thank you pose this Farewell Address which is his for Phillis Wheatley, who in the 18th political testament to the Nation. for your past kindness, but am sup- century at a very young age achieved The Farewell Address, which was de- ported by a full conviction that the international fame as the first black signed to inspire and guide future gen- step is compatible with both. woman poet. We also remember Rich- erations, set forth Washington’s de- The acceptance of, and continuance ard Allen, who at the dawning of the fense of his administration’s record and hitherto in the office to which your 19th century mobilized the black com- embodied a classic statement of Fed- suffrages have twice called me have munity in Philadelphia and formed the eralist doctrine. been a uniform sacrifice of inclination first independent black denomination. Washington’s principal concern was to the opinion of duty, and to a def- for the safety of the 8-year-old Con- As we work today, may these prin- erence for what appeared to be your de- stitution, and he believed the stability cipled Americans be our examples. Let sire. I constantly hoped that it would of the Republic was threatened by the our words, thoughts, and actions re- have been much earlier in my power, flect the content of Your character. forces of geographical sectionalism, political factionalism, and interference consistently with motives which I was Thank you for being our Lord and Sav- not at liberty to disregard, to return to iour. Amen. by foreign powers in the Nation’s domestic affairs. that retirement from which I had been f George Washington did not publicly reluctantly drawn. The strength of my PLEDGE OF ALLEGIANCE deliver his Farewell Address. It first inclination to do this, previous to the The Honorable JON KYL, a Senator appeared on September 19, 1796, in the last election, had even led to the prepa- from the State of Arizona, led the Philadelphia Daily American Adver- ration of an address to declare it to Pledge of Allegiance, as follows: tiser and then in papers throughout our you; but mature reflection on the then I pledge allegiance to the Flag of the country. perplexed and critical posture of our United States of America, and to the Repub- On to the address entitled ‘‘Washing- affairs with foreign nations, and the lic for which it stands, one nation under God, ton’s Farewell Address.’’ unanimous advice of persons entitled Mr. ALLEN, at the rostrum, read the indivisible, with liberty and justice for all. to my confidence, impelled me to aban- Farewell Address, as follows: f don the idea. To the people of the United States. RESERVATION OF LEADER TIME FRIENDS AND FELLOW CITIZENS: The I rejoice that the state of your con- The PRESIDENT pro tempore. Under period for a new election of a citizen to cerns external as well as internal, no the previous order, leadership time is administer the executive government longer renders the pursuit of inclina- reserved. of the United States being not far dis- tion incompatible with the sentiment

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

S1543

. S1544 CONGRESSIONAL RECORD — SENATE February 26, 2001 of duty or propriety; and am persuaded, Here, perhaps, I ought to stop. But a efforts—of common dangers, sufferings whatever partiality may be retained solicitude for your welfare, which can- and successes. for my services, that in the present cir- not end but with my life, and the ap- But these considerations, however cumstances of our country you will not prehension of danger natural to that powerfully they address themselves to disapprove my determination to retire. solicitude, urge me on an occasion like your sensibility, are greatly out- The impressions with which I first the present to offer to your solemn weighed by those which apply more im- undertook the arduous trust were ex- contemplation, and to recommend to mediately to your interest. Here every plained on the proper occasion. In the your frequent review, some sentiments portion of our country finds the most discharge of this trust, I will only say which are the result of much reflec- commanding motives for carefully that I have, with good intentions, con- tion, of no inconsiderable observation, guarding and preserving the Union of tributed towards the organization and and which appear to me all important the whole. administration of the government the to the permanency of your felicity as a The North, in an unrestrained inter- best exertions of which a very fallible people. These will be offered to you course with the South, protected by the judgment was capable. Not unconscious with the more freedom as you can only equal laws of a common government, in the outset of the inferiority of my see in them the disinterested warnings finds in the productions of the latter, qualifications, experience, in my own of a parting friend, who can possibly great additional resources of maritime eyes, perhaps still more in the eyes of have no personal motive to bias his and commercial enterprise, and pre- others, has strengthened the motives counsel. Nor can I forget, as an encour- cious materials of manufacturing in- to diffidence of myself; and, every day, agement to it, your indulgent recep- dustry. The South, in the same inter- the increasing weight of years admon- tion of my sentiments on a former and course, benefiting by the same agency ishes me more and more that the shade not dissimilar occasion. of the North, sees its agriculture grow of retirement is as necessary to me as Interwoven as is the love of liberty and its commerce expand. Turning it will be welcome. Satisfied that if with every ligament of your hearts, no partly into its own channels the sea- any circumstances have given peculiar recommendation of mine is necessary men of the North, it finds its particular value to my services, they were tem- to fortify or confirm the attachment. navigation invigorated; and while it porary, I have the consolation to be- The unity of government which con- contributes, in different ways, to nour- lieve that, while choice and prudence stitutes you one people is also now ish and increase the general mass of invite me to quit the political scene, dear to you. It is justly so; for it is a the national navigation, it looks for- patriotism does not forbid it. main pillar in the edifice of your real ward to the protection of a maritime In looking forward to the moment independence, the support of your tran- strength to which itself is unequally which is intended to terminate the ca- quility at home, your peace abroad, of adapted. The East, in a like intercourse with the West, already finds, and in the reer of my political life, my feelings do your safety, of your prosperity, of that progressive improvement of interior not permit me to suspend the deep ac- very liberty which you so highly prize. communications by land and water will knowledgment of that debt of gratitude But as it is easy to foresee that, from more and more find a valuable vent for which I owe to my beloved country for different causes and from different the commodities which it brings from the many honors it has conferred upon quarters, much pains will be taken, abroad or manufactures at home. The me, still more for the steadfast con- many artifices employed, to weaken in West derives from the East supplies req- fidence with which it has supported me your minds the conviction of this uisite to its growth and comfort—and and for the opportunities I have thence truth; as this is the point in your polit- what is perhaps of still greater con- enjoyed of manifesting my inviolable ical fortress against which the bat- sequence, it must of necessity owe the attachment by services faithful and teries of internal and external enemies secure enjoyment of indispensable out- persevering, though in usefulness un- will be most constantly and actively lets for its own productions to the equal to my zeal. If benefits have re- (though often covertly and insidiously) weight, influence, and the future mari- sulted to our country from these serv- directed, it is of infinite movement time strength of the Atlantic side of ices, let it always be remembered to that you should properly estimate the the Union, directed by an indissoluble your praise and as an instructive exam- immense value of your national Union community of interest as one nation. ple in our annals, that, under cir- to your collective and individual happi- Any other tenure by which the West cumstances in which the passions agi- ness; that you should cherish a cordial, can hold this essential advantage, tated in every direction were liable to habitual, and immovable attachment whether derived from its own separate mislead, amidst appearances some- to it; accustoming yourselves to think strength or from an apostate and un- times dubious, vicissitudes of fortune and speak of it as of the palladium of natural connection with any foreign often discouraging, in situations in your political safety and prosperity; power, must be intrinsically precar- which not unfrequently, want of suc- watching for its preservation with jeal- ious. cess has countenanced the spirit of ous anxiety; discountenancing what- While then every part of our country criticism, the constancy of your sup- ever may suggest even a suspicion that thus feels an immediate and particular port was the essential prop of the ef- it can, in any event, be abandoned; and interest in union, all the parts com- forts and a guarantee of the plans by indignantly frowning upon the first bined cannot fail to find in the united which they were effected. Profoundly dawning of every attempt to alienate mass of means and efforts greater penetrated with this idea, I shall carry any portion of our country from the strength, greater resource, proportion- it with me to my grave as a strong in- rest, or to enfeeble the sacred ties ably greater security from external citement to unceasing vows that Heav- which now link together the various danger, a less frequent interruption of en may continue to you the choicest parts. their peace by foreign nations; and, tokens of its beneficence; that your For this you have every inducement what is of inestimable value! they must union and brotherly affection may be of sympathy and interest. Citizens by derive from union an exemption from perpetual; that the free constitution, birth or choice of a common country, those broils and wars between them- which is the work of your hands, may that country has a right to concentrate selves which so frequently afflict be sacredly maintained; that its admin- your affections. The name of American, neighboring countries not tied together istration in every department may be which belongs to you in your national by the same government, which their stamped with wisdom and virtue; that, capacity, must always exalt the just own rivalships alone would be suffi- in fine, the happiness of the people of pride of patriotism more than any ap- cient to produce, but which opposite these states, under the auspices of lib- pellation derived from local discrimi- foreign alliances, attachments, and in- erty, may be made complete by so care- nations. With slight shades of dif- trigues would stimulate and embitter. ful a preservation and so prudent a use ference, you have the same religion, Hence likewise, they will avoid the ne- of this blessing as will acquire to them manners, habits, and political prin- cessity of those overgrown military es- the glory of recommending it to the ap- ciples. You have in a common cause tablishments, which under any form of plause, the affection, and adoption of fought and triumphed together. The government are inauspicious to liberty, every nation which is yet a stranger to independence and liberty you possess, and which are to be regarded as par- it. are the work of joint councils and joint ticularly hostile to republican liberty. February 26, 2001 CONGRESSIONAL RECORD — SENATE S1545 In this sense it is, that your Union be an adequate substitute. They must cious the pretext. One method of as- ought to be considered as a main prop inevitably experience the infractions sault may be to effect, in the forms of of your liberty, and that the love of the and interruptions which all alliances, the Constitution, alterations which one ought to endear to you the preser- in all times, have experienced. Sensible will impair the energy of the system vation of the other. of this momentous truth, you have im- and thus to undermine what cannot be These considerations speak a persua- proved upon your first essay, by the directly overthrown. In all the changes sive language to every reflecting and adoption of a Constitution of govern- to which you may be invited, remem- virtuous mind, and exhibit the continu- ment, better calculated than your ber that time and habit are at least as ance of the Union as a primary object former, for an intimate Union and for necessary to fix the true character of of patriotic desire. Is there a doubt the efficacious management of your governments as of other human insti- whether a common government can common concerns. This government, tutions, that experience is the surest embrace so large a sphere? Let experi- the offspring of our own choice, standard by which to test the real ence solve it. To listen to mere specu- uninfluenced and unawed, adopted tendency of the existing constitution lation in such a case were criminal. We upon full investigation and mature de- of a country, that facility in changes are authorized to hope that a proper liberation, completely free in its prin- upon the credit of mere hypotheses and organization of the whole, with the ciples, in the distribution of its powers, opinion exposes to perpetual change auxiliary agency of governments for uniting security with energy, and con- from the endless variety of hypotheses the respective subdivisions, will afford taining within itself a provision for its and opinion; and remember, especially, a happy issue to the experiment. It is own amendment, has a just claim to that for the efficient management of well worth a fair and full experiment. your confidence and your support. Re- your common interests in a country so With such powerful and obvious mo- spect for its authority, compliance extensive as ours, a government of as tives to union, affecting all parts of our with its laws, acquiescence in its meas- much vigor as is consistent with the country, while experience shall not ures, are duties enjoined by the funda- perfect security of liberty is indispen- have demonstrated its imprac- mental maxims of true liberty. The sable; liberty itself will find in such a ticability, there will always be reason basis of our political systems is the government, with powers properly dis- to distrust the patriotism of those who right of the people to make and to tributed and adjusted, its surest guard- in any quarter may endeavor to weak- alter their constitutions of govern- ian. It is indeed little else than a name, en its hands. ment.—But the Constitution which at where the government is too feeble to In contemplating the causes which any time exists, until changed by an withstand the enterprises of fraction, may disturb our Union, it occurs as explicit and authentic act of the whole to confine each member of the society matter of serious concern, that any people, is sacredly obligatory upon all. within the limits prescribed by the ground should have been furnished for The very idea of the power, and the laws, and to maintain all in the secure characterizing parties by geographical right of the people to establish govern- and tranquil enjoyment of the rights of discriminations—northern and south- ment, presupposes the duty of every in- person and property. ern—Atlantic and western; whence de- dividual to obey the established gov- signing men may endeavor to excite a ernment. I have already intimated to you the belief that there is a real difference of All obstructions to the execution of danger of parties in the state, with par- local interests and views. One of the the laws, all combinations and associa- ticular reference to the founding of expedients of party to acquire influ- tions under whatever plausible char- them on geographical discriminations. ence within particular districts, is to acter, with the real design to direct, Let me now take a more comprehen- misrepresent the opinions and aims of control, counteract, or awe the regular sive view and warn you in the most sol- other districts. You cannot shield deliberation and action of the con- emn manner against the baneful effects yourself too much against the stituted authorities, are destructive of of the spirit of party, generally. jealousies and heart burnings which this fundamental principle, and of fatal This spirit, unfortunately, is insepa- spring from these misrepresentations. tendency. They serve to organize fac- rable from our nature, having its root They tend to render alien to each other tion; to give it an artificial and ex- in the strongest passions of the human those who ought to be bound together traordinary force; to put in the place of mind. It exists under different shapes by fraternal affection. The inhabitants the delegated will of the nation the in all governments, more or less sti- of our western country have lately had will of a party, often a small but artful fled, controlled, or repressed; but in a useful lesson on this head. They have and enterprising minority of the com- those of the popular form it is seen in seen, in the negotiation by the execu- munity; and, according to the alter- its greatest rankness, and is truly their tive—and in the unanimous ratifica- nate triumphs of different parties, to worst enemy. tion by the Senate—of the treaty with make the public administration the The alternate domination of one fac- Spain, and in the universal satisfaction mirror of the ill concerted and incon- tion over another, sharpened by the at that event throughout the United gruous projects of faction, rather than spirit of revenge natural to party dis- States, a decisive proof how unfounded the organ of consistent and wholesome sension, which in different ages and were the suspicions propagated among plans digested by common councils, countries has perpetrated the most them of a policy in the general govern- and modified by mutual interests. How- horrid enormities, is itself a frightful ment and in the Atlantic states, un- ever combinations or associations of despotism. But this leads at length to a friendly to their interests in regard to the above description may now and more formal and permanent despotism. the Mississippi. They have been wit- then answer popular ends, they are The disorders and miseries which re- nesses to the formation of two treaties, likely, in the course of time and sult gradually incline the minds of men that with Great Britain and that with things, to become potent engines, by to seek security and repose in the abso- Spain, which secure to them every- which cunning, ambitious, and unprin- lute power of an individual; and, sooner thing they could desire, in respect to cipled men will be enabled to subvert or later, the chief of some prevailing our foreign relations, towards con- the power of the people, and to usurp faction, more able or more fortunate firming their prosperity. Will it not be for themselves the reins of govern- than his competitors, turns this dis- their wisdom to rely for the preserva- ment; destroying afterwards the very position to the purpose of his own ele- tion of these advantages on the Union engines which have lifted them to un- vation on the ruins of public liberty. by which they were procured? Will they just dominion. not henceforth be deaf to those advis- Towards the preservation of your Without looking forward to an ex- ers, if such they are, who would sever government and the permanency of tremity of this kind, (which neverthe- them from their brethren and connect your present happy state, it is req- less ought not to be entirely out of them with aliens? uisite, not only that you steadily dis- sight) the common and continual mis- To the efficacy and permanency of countenance irregular opposition to its chiefs of the spirit of party are suffi- your Union, a government for the acknowledged authority but also that cient to make it in the interest and whole is indispensable. No alliances, you resist with care the spirit of inno- duty of a wise people to discourage and however strict, between the parts can vation upon its principles, however spe- restrain it. S1546 CONGRESSIONAL RECORD — SENATE February 26, 2001 It serves always to distract the pub- gion and morality are indispensable harmony with all; religion and moral- lic councils, and enfeeble the public ad- supports. In vain would that man claim ity enjoin this conduct, and can it be ministration. It agitates the commu- the tribute of patriotism, who should that good policy does not equally en- nity with ill founded jealousies and labor to subvert these great pillars of join it? It will be worthy of a free, en- false alarms, kindles the animosity of human happiness, these firmest props lightened, and, at no distant period, a one part against another, forments oc- of the duties of men and citizens. The great nation, to give to mankind the casional riot and insurrection. It opens mere politician, equally with the pious magnanimous and too novel example of the door to foreign influence and corman, ought to respect and to cherish a people always guided by an exalted ruption, which finds a facilitated ac- them. A volume could not trace all justice and benevolence. Who can doubt cess to the government itself through their connections with private and pub- but, in the course of time and things the channels of party passions. Thus lic felicity. Let it simply be asked the fruits of such a plan would richly the policy and the will of one country where is the security for property, for repay any temporary advantages which are subjected to the policy and will of reputation, for life, if the sense of reli- might be lost by a steady adherence to another. gious obligation desert the oaths, which it? Can it be that Providence has not There is an opinion that parties in are the instruments of investigation in connected the permanent felicity of a free countries are useful checks upon courts of justice? And let us with cau- nation with its virtue? The experiment, the administration of the government, tion indulge the supposition that mo- at least, is recommended by every sen- and serve to keep alive the spirit of lib- rality can be maintained without reli- timent which ennobles human nature. erty. This within certain limits is prob- gion. Whatever may be conceded to the Alas! is it rendered impossible by its ably true—and in governments of a influence of refined education on minds vices? monarchial cast, patriotism may look of peculiar structure, reason and expe- In the execution of such a plan noth- with indulgence, if not with favor, rience both forbid us to expect that na- ing is more essential than that permanent, inveterate antipathies against upon the spirit of party. But in those of tional morality can prevail in exclu- particular nations and passionate at- the popular character, in governments sion of religious principle. purely elective, it is a spirit not to be It is substantially true, that virtue tachment for others should be excluded encouraged. From their natural tend- or morality is a necessary spring of and that in place of them just and ami- cable feelings towards all should be ency, it is certain there will always be popular government. The rule, indeed, cultivated. The nation which indulges enough of that spirit for every salutary extends with more or less force to towards another an habitual hatred, or purpose. And there being constant dan- every species of free government. Who an habitual fondness, is in some degree ger of excess, the effort ought to be by that is a sincere friend to it can look a slave. It is a slave to its animosity, force of public opinion to mitigate and with indifference upon attempts to or to its affection, either of which is assuage it. A fire not to be quenched, it shake the foundation of the fabric? sufficient to lead it astray from its demands a uniform vigilance to pre- Promote, then, as an object of pri- duty and its interest. Antipathy in one vent it bursting into a flame, lest in- mary importance, institutions for the nation against another disposes each stead of warming, it should consume. general diffusion of knowledge. In pro- more readily to offer insult and injury, It is important likewise, that the portion as the structure of a govern- to lay hold of slight causes of umbrage, habits of thinking in a free country ment gives force to public opinion, it is and to be haughty and intractable should inspire caution in those en- essential that the public opinion when accidental or trifling occasions trusted with its administration to con- should be enlightened. of dispute occur. Hence frequent colli- fine themselves within their respective As a very important source of sions, obstinate, envenomed, and constitutional spheres, avoiding in the strength and security, cherish public bloody contests. The nation, prompted exercise of the powers of one depart- credit. One method of preserving it is by ill will and resentment, sometimes ment to encroach upon another. The to use it as sparingly as possible, impels to war the government, con- spirit of encroachment tends to con- avoiding occasions of expense by culti- trary to the best calculations of policy. solidate the powers of all the depart- vating peace, but remembering, also, The government sometimes partici- ments in one, and thus to create, what- that timely disbursements, to prepare pates in the national propensity and ever the form of government, a real for danger, frequently prevent much adopts through passion what reason despotism. A just estimate of that love greater disbursements to repel it; would reject; at other times, it makes of power and proneness to abuse it avoiding likewise the accumulation of the animosity of the nation’s subser- which predominates in the human debt, not only by shunning occasions of vient to projects of hostility, insti- heart is sufficient to satisfy us of the expense, but by vigorous exertions in gated by pride, ambition and other sin- truth of this position. The necessity of time of peace to discharge the debts ister and pernicious motives. The peace reciprocal checks in the exercise of po- which unavoidable wars may have oc- often, sometimes perhaps the liberty of litical power, by dividing and distrib- casioned, not ungenerously throwing nations, has been the victim. uting it into different depositories, and upon posterity the burden which we So likewise, a passionate attachment constituting each the guardian of the ourselves ought to bear. The execution of one nation for another produces a public weal against invasions of the of these maxims belongs to your rep- variety of evils. Sympathy for the fa- others, has been evinced by experi- resentatives, but it is necessary that vorite nation, facilitating the illusion ments ancient and modern, some of public opinion should cooperate. To fa- of an imaginary common interest in them in our country and under our own cilitate to them the performance of cases where no real common interest eyes. To preserve them must be as nec- their duty, it is essential that you exists and infusing into one the enmi- essary as to institute them. If, in the should practically bear in mind that ties of the other, betrays the former opinion of the people, the distribution towards the payment of debts there into a participation in the quarrels and or modification of the constitutional must be revenue; that to have revenue wars of the latter, without adequate in- powers be in any particular wrong, let there must be taxes; that no taxes can ducements or justifications. It leads it be corrected by an amendment in the be devised which are not more or less also to concessions, to the favorite na- way which the Constitution designates. inconvenient and unpleasant; that the tion of privileges denied to others, But let there be no change by usurpa- intrinsic embarrassment inseparable which is apt doubly to injure the nation; for though this, in one instance, from the selection of the proper objects tion making the concessions, by unnec- may be the instrument of good, it is (which is always a choice of difficul- essarily parting with what ought to the customary weapon by which free ties) ought to be a decisive motive for have been retained and by exciting governments are destroyed. The prece- a candid construction of the conduct of jealously, ill will, and a disposition to dent must always greatly overbalance the government in making it, and for a retaliate in the parties from whom in permanent evil any partial or tran- spirit of acquiescence in the measures equal privileges are withheld. And it sient benefit which the use can at any for obtaining revenue, which the public gives to ambitious, corrupted or de- time yield. exigencies may at any time dictate. luded citizens (who devote themselves Of all the dispositions and habits Observe good faith and justice to- to the favorite nation) facility to be- which lead to political prosperity, reli- wards all nations; cultivate peace and tray or sacrifice the interests of their February 26, 2001 CONGRESSIONAL RECORD — SENATE S1547 own country, without odium, some- stand upon foreign ground? Why, by tended patriotism—this hope will be a times even with popularity gilding interweaving our destiny with that of full recompense for the solicitude for with the appearances of virtuous sense any part of Europe, entangle our peace your welfare by which they have been of obligation, a commendable deference and prosperity in the toils of European dictated. for public opinion, or a laudable zeal ambition, rivalship, interest, humor, or How far in the discharge of my offi- for public good, the base or foolish caprice? cial duties, I have been guided by the compliances of ambition, corruption, It is our true policy to steer clear of or infatuation. permanent alliance with any portion of principles which have been delineated, As avenues to foreign influence in in- the foreign world—so far, I mean, as we the public records and other evidences numerable ways, such attachments are are now at liberty to do it, for let me of my conduct must witness to you and particularly alarming to the truly en- not be understood as capable of patron- to the world. To myself, the assurance lightened and independent patriot. How izing infidelity to existing engage- of my own conscience is, that I have, at many opportunities do they afford to ments. (I hold the maxim no less appli- least, believed myself to be guided by tamper with domestic factions, to prac- cable to public than private affairs, them. tice the arts of seduction, to mislead that honesty is always the best pol- In relation to the still subsisting war public opinion, to influence or awe the icy)—I repeat it, therefore, let those in Europe, my proclamation of the 22d public councils! Such an attachment of engagements be observed in their gen- of April 1793 is the index to my plan. a small or weak towards a great and uine sense. But in my opinion, it is un- Sanctioned by your approving voice powerful nation, dooms the former to necessary, and would be unwise to ex- and by that of your representatives in be the satellite of the latter. tend them. both houses of Congress, the spirit of Against the insidious wiles of foreign Taking care always to keep our- that measure has continually governed influence (I conjure you to believe me, selves, by suitable establishments, on a me, uninfuenced by any attempts to fellow citizens) the jealousy of a free respectable defensive posture, we may deter or divert me from it. people ought to be constantly awake, safely trust to temporary alliances for since history and experience prove, After deliberate examination with extraordinary emergencies. the aid of the best lights I could ob- that foreign influence is one of the Harmony, liberal intercourse with all tain, I was well satisfied that our coun- most baneful foes of republican govern- nations, are recommended by policy, try, under all the circumstances of the ment. But that jealously to be useful humanity, and interest. But even our case, had a right to take, and was must be impartial; else it becomes the commercial policy should hold an bound in duty and interest to take—a instrument of the very influence to be equal and impartial hand: neither seek- neutral position. Having taken it, I de- avoided, instead of a defense against it. ing nor granting exclusive favors or termined, as far as should depend upon Excessive partiality for one foreign na- preferences; consulting the natural me, to maintain it with moderation, tion and excessive dislike for another course of things; diffusing and diversi- perseverance and firmness. cause those whom they actuate to see fying by gentle means the streams of danger only on one side, and serve to commerce but forcing nothing; estab- The considerations which respect the veil and even second the arts of influ- lishing with powers so disposed, in right to hold this conduct it is not nec- ence on the other. Real patriots, who order to give trade a stable course—in essary on this occasion to detail. I will may resist the intrigues of the favor- order to give to trade a stable course, only observe that, according to my un- ite, are liable to become suspected and to define the rights of our merchants, derstanding of the matter, that right, odious, while its tools and dupes usurp and to enable the government to sup- so far from being denied by any of the the applause and confidence of the peo- port them, conventional rules of inter- belligerent powers, has been virtually ple to surrender their interests. course, the best that present cir- admitted by all. The great rule of conduct for us in re- cumstances and mutual opinion will gard to foreign nations is, in extending The duty of holding a neutral con- permit, but temporary, and liable to be our commercial relations, to have with duct may be inferred, without anything from time to time abandoned or varied them as little political connection as more, from the obligation which jus- as experience and circumstances shall possible. So far as we have already tice and humanity impose on every na- dictate; constantly keeping in view, formed engagements, let them be ful- tion, in cases in which it is free to act, that it is folly in one nation to look for filled with perfect good faith. Here let to maintain inviolate the relations of disinterested favors from another— us stop. peace and amity towards other nations. that is must pay with a portion of its Europe has a set of primary inter- The inducements of interest for ob- ests, which to us have none or a very independence for whatever it may accept under that character—that by serving that conduct will best be re- remote relation. Hence, she must be ferred to your own reflections and ex- engaged in frequent controversies, the such acceptance, it may place itself in the condition of having given equiva- perience. With me, a predominant mo- causes of which are essentially foreign tive has been to endeavor to gain time to our concerns. Hence therefore it lents for nominal favors and yet of being reproached with ingratitude for to our country to settle and mature its must be unwise in us to implicate our- yet recent institutions and to progress, selves, by artificial ties, in the ordi- not giving more. There can be no greater error than to expect or calculate without interruption to that degree of nary vicissitudes of her politics or the strength and consistency which is nec- ordinary combinations and collisions of upon real favors from nation to nation. It is an illusion which experience must essary to give it, humanly speaking, her friendships or enmities. the command of its own fortunes. Our detached and distant situation cure, which a just pride ought to dis- invites and enables us to pursue a dif- card. Though in reviewing the incidents of ferent course. If we remain one people, In offering to you, my countrymen, my administration I am unconscious of under an efficient government, the pe- these counsels of an old and affec- intentional error, I am nevertheless riod is not far off when we may defy tionate friend, I dare not hope they too sensible of my defects not to think material injury from external annoy- will make the strong and lasting im- it probable that I may have committed ance; when we may take such an atti- pression I could wish—that they will many errors. Whatever they may be, I tude as will cause the neutrality we control the usual current of the pas- fervently beseech the Almighty to may at any time resolve upon to be sions or prevent our nation from run- avert or mitigate the evils to which scrupulously respected; when bellig- ning the course which has hitherto they may tend. I shall also carry with erent nations, under the impossibility marked the destiny of nations. But if I me the hope that my country will of making acquisitions upon us, will may even flatter myself that they may never cease to view them with indul- not lightly hazard the giving us provo- be productive of some partial benefit, gence and that, after forty-five years of cation, when we may choose peace or some occasional good, that they may my life dedicated to its service with an war, as our interest guided by justice now and then recur to moderate the upright zeal, the faults of incompetent shall counsel. fury of party spirit, to warn against abilities will be consigned to oblivion, Why forgo the advantages of so pecu- the mischiefs of foreign intrigue, to as myself must soon be to the man- liar a situation? Why quit our own to guard against the impostures of pre- sions of rest. S1548 CONGRESSIONAL RECORD — SENATE February 26, 2001 Relying on its kindness in this as in who clearly leads the way of all Sen- most of the last decade—something we other things, and actuated by that fer- ators as the historian of this body. just took for granted—and suddenly we vent love towards it which is so nat- Reminding us that each time he has are seeing the spirals, we are seeing the ural to a man who views in it the na- learned something new and takes a new shortages, and we are becoming con- tive soil of himself and his progenitors appreciation of that with him is some- cerned. for several generations, I anticipate thing we can all reflect on in our own I think it is also fair in most cases to lives so we, through our own contribu- with pleasing expectation that retreat, understand that energy is one of those tion, can make things just a little bit in which I promise myself to realize nebulous things that is really so impor- without alloy the sweet enjoyment of better for someone somewhere—even tant that it is often overlooked. It partaking in the midst of my fellow our children and grandchildren. grows our food, heats and cools our citizens the benign influence of good Mr. BYRD. I thank my friend. homes, and powers our electronic laws under a free government—the ever f world. It is really what keeps us alive. favorite object of my heart, and the MORNING BUSINESS happy reward, as I trust, of our mutual We have fought over energy. We just cares, labors and dangers. The PRESIDING OFFICER (Mr. NEL- came back from the Persian Gulf war. GEO. WASHINGTON. SON of Nebraska). Under the previous Wars have been fought over energy. UNITED STATES, order, there will now be a period for Billions of dollars are spent just to en- 17th September, 1796. the transaction of morning business sure that we have access to energy in The PRESIDING OFFICER. The not to extend beyond the hour of 4 p.m. various forms. Chair thanks the Senator from Vir- Under the previous order, the time Our continued economic prosperity ginia. until 2:30 p.m. shall be under the con- Mr. BYRD. Mr. President, I suggest trol of the Senator from Alaska, Mr. depends on a clean, secure, and affordable energy supply. It is for this reason the absence of a quorum. MURKOWSKI. The Senator is recognized. that I rise today to introduce the Na- The PRESIDING OFFICER. The f clerk will call the roll. tional Energy Security Act of 2001. The assistant legislative clerk pro- NATIONAL ENERGY SECURITY What we put before the Senate today ceeded to call the roll. Mr. MURKOWSKI. Mr. President, I is a balanced portfolio of energy op- Mr. MURKOWSKI. Mr. President, I am going to be introducing today legis- tions, and to begin debate on these im- ask unanimous consent the order for lation which has been forthcoming for portant issues. the quorum call be dispensed with. some time. The legislation is the spe- The PRESIDING OFFICER. Without Let me advise the President that by cific energy bill that has been worked no means is this intended to be the objection, it is so ordered. on by a number of my colleagues and Mr. MURKOWSKI. Mr. President, I package necessarily of comprehensive professional staff on the Energy and congratulate my colleague from Vir- energy legislation that will ultimately Natural Resources Committee. As a ginia on the reading of George Wash- come out of the committees of jurisdic- consequence, what we have here is a ington’s Address. I listened carefully. I tion—the Energy and Natural Re- comprehensive bill that will be intro- think we all share the thought and vi- duced twice because one version will go sources Committee and the Finance sion expressed in that address when it to the Energy and Natural Resources Committee—and onto the floor. was first made. Each year it has been Committee and that will be titles 1–8; The purpose of the legislation is so repeated, and being part of that tradi- and another version with the entire that we can begin the debate on the tion adds to the stature of our new text, titles 1–9, will be referred to the important issues to determine just Senator from the State of Virginia. I Finance Committee. what kind of energy policy we should am pleased to have listened attentively Mr. President, this legislation is have in this country. to his reading. sponsored by myself and Senator Mr. BYRD. Mr. President, will the I should also mention that this par- BREAUX. It is bipartisan legislation. In- Senator yield? ticular legislation as proposed does not Mr. MURKOWSKI. I am happy to cluded as original cosponsors are Sen- have the input of the new administra- yield. ator LOTT, Senator VOINOVICH, Senator tion. They have only been in office for Mr. BYRD. Mr. President, I wish to DOMENICI, Senator CRAIG, Senator about 5 weeks. It is my understanding associate myself with the remarks of CAMPBELL, Senator THOMAS, Senator that an energy task force has been put SHELBY, Senator BURNS, and Senator the distinguished junior Senator from together, by the order of the President, the State of Alaska concerning the HAGEL. The purpose of the bill specifically is with the responsibility given to Vice meaning of the address and its eternal President CHENEY. They anticipate and continuing truths. We would all do to protect the energy security of the United States and to decrease Amer- having an energy policy developed well to listen annually to the reading within 45 or 60 days. Undoubtedly, the of this address. I thank the distin- ica’s dependence on foreign oil sources to 50 percent by the year 2001 by en- input from the administration is going guished junior Senator from Virginia to be a necessary additive to the ulti- for his eloquence and for his reading of hancing the use of renewable energy resources, conserving energy resources, mate debate, and legislation will be the message this morning. forthcoming. I am only sorry more Senators have improving energy efficiency, increasing not attended this important occasion. domestic energy supplies, improving During the last decade, the United That is nothing new. I have, I think, environmental air quality by the re- States has lost control of its energy fu- attended the reading of the Farewell duction of emissions from air pollut- ture. At no time in our history have we Address of our first and foremost and ants and greenhouse gases, and de- relied upon others for more of our en- greatest President, George Wash- creasing the effects of increases in energy supplies while producing a smaller ington, for many years. I try always to ergy prices on the American consumers percentage of the energy we consume. attend if I am in the city, and it goes as well. Ten years ago, the U.S. imported less I would like to talk at some length without saying that I am generally than half of the oil it consumed; today, this afternoon on what comprises this here at this time. that has increased to nearly 60 percent. particular legislation. I am going to be I always get something new out of Meanwhile, other types of energy have referring specifically to the items in listening to this address. I only hope in been made more difficult to produce, the future our colleagues and our joint the comprehensive energy bill which is the National Energy Security Act of more difficult to deliver, and more dif- leadership will attempt to attend and ficult to use. encourage the attendance of all Sen- 2001. ators to the reading of this address. I think it is fair to say we all have The rapid growth of the Internet and I close by thanking my colleague, taken energy for granted for far too the ‘‘dot-com’’ economy during the Mr. ALLEN, again. I thank the Senator long. Yet now, with a weakening econ- 1990s led to significant increase in de- from Alaska. omy, increasing energy costs, and re- mand for energy. Yet, despite this in- Mr. MURKOWSKI. Mr. President, let gional shortages, we are much more crease in demand, domestic production me also comment on the statement of aware of the reality that we have real- of all forms of energy has remained flat the senior Senator from West Virginia, ly not had a real energy policy for over the last four years. February 26, 2001 CONGRESSIONAL RECORD — SENATE S1549 The impacts on the American con- Second, improve energy efficiency families. We encourage State and re- sumer have been clear: higher energy and conservation. We have the tech- gional energy conservation programs prices, less economic growth, and less nology for clean coal. We have the uti- to minimize the effects of regional prosperity for all. lization of nuclear. We just need to ad- shortages in energy supply like the We can take a lesson from history. dress what to do with the waste. kinds we have recently seen in Cali- The lack of a coherent energy policy Third, expand the use of alternative fornia. has led to the greatest energy price fuels and renewable energy. We have This legislation includes several new volatility since the energy crises of the this capability. Unfortunately, renew- incentives for energy-efficient homes, 1970’s. ables and alternatives take a very appliances, and vehicles to conserve For much of the past two years, glob- small percentage of our energy mix— energy resources and improve effi- al supply of crude oil has been nearly less than 4 percent. We have spent ciency. equal to global demand. As a result, some $6 billion in research. We are Finally, we provide new incentives crude oil prices have increased from going to have to spend more. But we for emerging distributed energy tech- $8.50 two years ago to near $30 today. simply cannot rely on alternatives and nologies that can provide reliable en- We have seen the domestic develop- renewables. We have to go back to the ergy for business needs and combined ment of oil in the United States drop basic sources of our energy—our oil, heat and power technology to use proportionately. It is rather inter- our coal, our gas, and our nuclear. waste energy more efficiently as space esting to note, however, the develop- What does this legislation do? Some heating. ment of the OPEC cartel and the dis- have called this an ANWR bill, but it is This new national energy strategy cipline that has been evidenced by that far more than that. I will talk about makes good economic sense. It protects group in the last several months as that a little later. But I hope my col- consumers and low-income families they have dropped the supply from leagues will look closely at this legis- against higher monthly energy bills. It time to time to ensure that the price lation and see that it is an attempt to reduces the likelihood of price spikes remains between that ceiling and floor have a balanced approach to meet our that can wipe out a company’s profits of $22 to $28, and by controlling produc- energy needs. or a family’s savings overnight. It tion they can keep that price range. These new programs and incentives keeps the heat and lights on for the Last summer, consumers faced gaso- will help us to find, develop, deliver, Nation’s factories, homes, and busi- line price spikes in the Midwest as re- and conserve all our domestic energy nesses, and maintains economic fineries were unable to keep up with resources. In doing so, we will reduce growth. demand. Gas prices over $2 per gallon our reliance on foreign oil to less than It is also good from the standpoint of were the norm. 50 percent by the year 2010 to protect the environment. It makes good envi- As refineries were operating at ca- our energy security. That is a goal of ronmental sense, with cleaner, more ef- pacity to produce gasoline, they were this legislation. It will not eliminate ficient use of energy using new tech- unable to produce the heating oil we our dependence, but it will simply re- nologies and fewer air pollutants and needed for the winter. We faced a heat- duce it. greenhouse gases. ing oil shortage, particularly in the How do we do that? We do that by an The ‘‘wild ride’’ in energy markets Northeast. expansion of our conventional sources over the past 2 years has made our en- Many consumers turned to natural of energy—our coal, our oil, our nat- ergy challenge very clear: We need to gas to meet their winter heating needs, ural gas, and our nuclear, and using establish a sound national energy pol- but expansion in gas-fired power plants our technology to achieve it. Our ob- icy to ensure clean, secure, and afford- has strained supply. We’ve seen natural jective is to provide the energy our able energy supplies. This policy must gas prices increase from $1.80 per 1,000 economy requires for continued use all our fuels—fossil and renew- cubic feet two years ago to over $10.00 growth. ables—to meet those needs, as well as in recent weeks. Again, we can improve the environ- And most recently, we’ve seen the conservation and alternatives. mental quality of these fuels by invest- The legislation we have introduced consequences of inadequate electricity ing in advanced research and develop- today is the first attempt to articulate supply in California—no new power ment programs and providing tax in- the elements of a sound national en- plants in 10 years—blackouts, elevators centives for developing new, cleaner, ergy strategy. Other elements we must stuck, traffic lights off; and schools, more efficient technologies. We encour- also address separately are access fertilizer plants, plastic and computer age new investment in energy infra- issues, regulatory reform, nuclear chip makers were all affected. Fertilizer plants refuse to make urea. structure, transmission lines, natural waste, and climate change. But we They are now selling it. Urea is a by- gas pipelines, and drilling equipment. must start now. I look forward to product of gas. We are seeing alu- By doing so, we get the best technology working with the President and my Re- minum companies, rather than produce out of the market. We have that tech- publican and Democratic colleagues to aluminum, sell their electricity. nological capability, and we take steps enact this legislation into law. All of these energy ‘‘crises’’ have a to ensure the reliability of the Nation’s This morning we opened this effort common cause: Supply of energy sim- electric power supply so critical for to- with a press conference. It was rather ply isn’t keeping pace with demand in day’s new economy. interesting to note some of the ques- spite of our efforts at conservation. We also provide new programs and in- tions that were posed relative to the With the economy on its longest joy- centives to expand the supply of renew- legislation Senator BREAUX and I, ride in history, policy makers chose able energy at home and alternative along with Senator LOTT and others, not to check the fuel gauge. Our tank fuels in our automobiles. have introduced. now almost empty, and our economic A robust domestic energy industry— There was the question of, how much engine is sputtering. It is time to make both fossil and renewables—helps to is this bill going to cost? Unfortu- tough choices. Add fuel to the tank. keep energy prices stable and afford- nately, the Joint Tax Committee has The time has come for a sound na- able. I think you would agree, Mr. not given us a figure. We expect that tional energy policy—one that uses the President, that is good business. And it within 10 days. But it is a lot cheaper fuels of today to yield the technologies is good for the consumer. But it is than not doing anything, if you will. of tomorrow. more than just supply. And that is where we have been for far Our national energy plan—the Na- Our legislation is not only about sup- too long. tional Energy Security Act of 2001—has ply, as some would have you think. We Another question was about, how im- at its core three fundamental goals: also focus on using energy more effi- portant is the ANWR, the Arctic Na- Increased supply of conventional ciently. tional Wildlife Refuge? Developing a fuels—oil, coal, gas, nuclear. Our legislation expands funding for national energy strategy is really a We do it more efficiently and with the weatherization and LIHEAP energy team effort. ANWR is one of the best the latest technology that provides assistance programs. It provides assist- players on that team because it is the cleaner utilization of these sources of ance to lower monthly energy bills and one area where the geologists have said energy. protects consumers and low-income there is likely to be a major oilfield of S1550 CONGRESSIONAL RECORD — SENATE February 26, 2001 gigantic proportions, somewhere in the ficulty with the nuclear waste issue is This is a bill that has been developed area of 10 billion barrels and perhaps as no one wants the waste. As a con- in a bipartisan way with all different much as 16 billion barrels. What does sequence, as we pursue our efforts in views and regions of the country re- that mean? Well, 16 billion barrels Nevada to develop the Yucca Mountain flected in various components of the would be what we would import from site, there is a noted lack of support bill. I acknowledge that. Saudi Arabia for a 30-year period of from the Nevadans. I ask the Senator, when does he ex- time. We do not believe we can afford That is understandable, yet that pect there will be some input from the to leave that source on the sidelines. waste has to go somewhere. As we look administration, and how does he plan We believe we have the technology to at some of the technology that has de- to proceed in terms of committee hear- do it safely. Some have asked, how will veloped over the years, we find the ings and when he might actually get this bill provide relief in California? French have addressed, through the legislation ready for the Senate to con- There is certainly no immediate solu- vitrification process, the recovery of sider? tions to the California situation. Cali- plutonium, putting it back in reactors, Mr. MURKOWSKI. I appreciate that fornia, unfortunately, became depend- burning it, and basically getting rid of inquiry. As I believe the leader recalls, ent on outside sources. I think there is that proliferation. We don’t seem to be the President has appointed Vice Presi- a bit of a parallel there. I understand able to do that in this country. Maybe dent CHENEY to form a task force de- California is currently importing about we should give more thought to it. veloping an energy policy for the ad- There has been a question brought up 25 percent of its energy from outside ministration. That task force has been about providing some short-term the State. As a consequence, California at work for some time. My under- changes such as increasing CAFE standing is they should have this ready has become vulnerable because they standards in the legislation. We think have not developed their own sources in about 45 days. we have addressed this because we I am most appreciative of the Sen- of energy. They prefer to buy it from have, as far as CAFE standards, put the ator’s cosponsorship, along with that other States that have surpluses. burden on the Federal Government to of Senator BREAUX. This is a bipartisan Without going into the inefficiencies have its vehicles pick up about 3 addi- of deregulation—which was really not a package. It will go to the two commit- tional miles to the gallon, and that is tees of jurisdiction—the one I chair, true deregulation when you maintain a a good place to start before we dictate the Energy and Natural Resources cap on retail prices—it is fair to say to the American public any mandates Committee, and the other is the Fi- there is a situation where, in the sense with regard to this. It is fair to say nance Committee. We will begin hear- of our increased dependence on im- that if it works for the Government, ings as soon as I have had an oppor- ported oil, we are too dependent on then the Government ought to lead the tunity to sit down with Senator BINGA- outside sources. As a consequence of way. MAN and find some mutually compat- that, I think we are certainly vulner- There are some other points I will ible dates. We intend to move on this able to price hikes for oil as well. bring to the attention of the Senate at and get the debate started because, as So I think that as we look at the this time relative to the state we are the Senator knows, it is a very com- California situation, we should recog- in. This came about as a release last prehensive piece of legislation. There is nize the exposure we have here in the week from the Center for Strategic and going to be a lot of input into it. There United States on our increased depend- International Studies, a well-renowned are certain things we have to get done, ence on oil, which is about 56 percent. defense and foreign policy think tank and we need an estimate from Joint The question came up: What com- here in Washington. It includes schol- Tax. ments have we gotten from the admin- ars, both moderates and conservatives, This legislation is meant to stimu- istration? President Bush recognizes from both parties, and their conclusion late new technology, to provide incen- the need for a national strategy. Vice in a three-volume, 3-year effort enti- tives for the small independents, the President CHENEY has been leading a tled ‘‘Geopolitics of Energy into the stripper wells, so we can keep those task force to develop their own initia- 21st Century.’’ people going when the prices decline. It tives. It is my understanding that ef- The new study predicts that the U.S. is not addressed to the large oil compa- fort is going to be completed in about and other industrial nations will be- nies that can fend very well for them- 45 days. So we look forward to incor- come increasingly dependent on oil selves. porating their comments into our on- from the Middle East in the next 20 Mr. LOTT. I thank the Senator for going work at the appropriate time. years and will need the region’s most his response. I asked so I could have We have had meetings with our col- unstable countries—Iran, Iraq, and some plan as to when we might bring it leagues over in the House, Congress- Libya—to raise their output. I wonder, to the Senate. I hope that certainly in man TAUZIN and Congressman BARTON. at what price to the U.S. June or July of this year we would be And we have had a very positive re- Furthermore, I refer to a Wall Street able to get to it. sponse relative to the manner in which Journal article on February 15 and an Let me ask the Senator another we hope to bring this legislation AP article of February 14 on the same question. I don’t want to take up all of through the House and Senate. subject, indicating that global demand his time. I would like to have some Now, when will we have a vote on will grow sharply over the next two brief time to make some remarks of this? Obviously, it is going to the com- decades. The oil will come from areas my own. I believe we are importing mittees of jurisdiction for hearings— with increased risk of supply interrup- now 56 percent of the oil needs of this the Energy Committee and the Finance tions. Further, it states, by 2020, half of country. Committee. But what we wanted to do all petroleum used by the world will be Mr. MURKOWSKI. That is correct. is get the debate started on the entire met from countries that impose a high The largest increase is now coming bill so we can move through the com- risk of internal stability. World energy from Iraq, from Saddam Hussein. Re- mittee process and, hopefully, to the demand will increase by 50 percent, and member, we fought a war over there in floor at a later date. at some point developing countries, led 1991. Some have said this bill calls for by China, will begin to consume more Mr. LOTT. That is right. When I go more nuclear power, and will this re- energy than the developed countries. around the country, I find there are a quire an accelerated program for nu- Mr. LOTT. Mr. President, if the Sen- number of States with additional oil clear waste storage? We need to use all ator from Alaska will yield, I came to that could be used if we could get it our domestic resources. Inasmuch as the floor to commend and congratulate out of the ground. It is not being used. nuclear contributes about 20 percent of the distinguished chairman of the En- There are a lot of areas of the country, the total electric energy in this coun- ergy and Natural Resources Committee such as my own, where we have a sub- try, it is important that we continue for his work on this very important stantial supply of natural gas but there our efforts to try to resolve what to do legislation. It is overdue. It is very has not been an incentive or incentives with the nuclear waste. broad, comprehensive legislation that for us to convert to natural gas, which As you know, Mr. President, we were is designed to address this problem. I is clean burning and has been a cheaper one vote short in the last Congress of think he should be recognized for the source of energy, even though, because overriding a Presidential veto. The dif- effort he has put into it. of all the demand, it has been going up. February 26, 2001 CONGRESSIONAL RECORD — SENATE S1551 I found, when I was in Kentucky last alternative sources, and for low-income pendence on foreign oil directly threat- week, there is substantial progress needs. I look forward to us actually ens our national security and our free- being made in clean coal technology getting to the floor and having a full dom. However, before you blame your that we could make better use of coal. debate and amendments. neighbor’s SUV, your local fuel dis- In my own State, we have a nuclear If we complete this year not having tributors, the oil companies, the auto- plant but no place to put the nuclear passed a major national energy policy makers, or any of the other usual waste. When I go out west, I see other bill, it is going to be a big mistake, a scapegoats, consider this fact—Amer- sources being used. Wind is one exam- tragedy. I think it is the biggest threat ica is one of the leading energy pro- ple. The list is endless of the potential to our future economic prosperity. If ducing countries in the world. This we have in this country. Yet we are not we don’t do this now, we could be in country has the technology, alter- using it. danger because there won’t be the native resources and enough oil and I wonder if the American people power to run Silicon Valley or new natural gas to be much more self-suffi- think we have a shortage of energy automobile manufacturing plants or cient. America does not have to revert supply. I ask the distinguished chair- anything else. There will be shortages, back to the practices of the 1970s. man of the Energy and Natural Re- and that will be a mistake for our fu- This country is faced with a very se- sources Committee, do we have a short- ture economy. rious problem. Our nation’s’s farmers age? If we don’t, why are we importing I thank the Senator for yielding. I are being hit hard—due to the cost of 56 percent of our energy needs from the wanted to engage in a little bit of a dis- home heating bills, farm fuel costs, OPEC countries of the world? I think cussion about when we are going to gasoline, and the impact of the crisis this is totally indefensible. take this up. on the fertilizer industry. For obvious Mr. MURKOWSKI. I think our na- Mr. MURKOWSKI. Mr. President, I reasons, the transportation industry is tional energy security interest is at appreciate the remarks of the majority also seeing a significant hit in air risk. We fought a war over there to leader. I thank him for his commit- cargo and passenger transportation, keep Saddam Hussein from invading ment and enthusiasm to make sure intercity bus, trucking, and rail trans- Kuwait or going into Saudi Arabia. At this legislation is of the importance portation. This in turn affects the what point do we compromise our na- that it obviously is as we look at the tourism industry. Rising oil prices im- tional security? I think if we see fit to situation in California. We just recog- pact more than just energy costs. They fight a war over it, it is pretty impor- nize, for example, we have huge re- are absorbed into a wide variety of tant. As the Department of Energy pre- sources of coal in this country—huge goods causing a general increase in dicts, in the year 2006 or 2007, we will resources. We have the technology to consumer prices. This cost increase be in the high 60s, 60-some-odd-percent clean that coal and reduce emissions. threatens the engine of the nation’s dependent on imports. We haven’t built a new coal-fired plant economy, our nation’s small busi- We have tremendous reserves in the since the mid-1990s. Why? We could not nesses. Gulf of Mexico. We have reserves in the get a permit, for all practical purposes. All of this is simply because of the overthrust belt in my State of Alaska All the emphasis has been on natural lack of an energy policy. As a result, and tremendous resources of natural gas. U.S. crude oil production is down sig- gas in Mississippi and Alabama, Texas, If you are going to generate elec- nificantly, as consumption continues Louisiana. We have these resources. We tricity, you get natural gas. It is be- to rise. America now imports over 56 have the technology to develop them coming short in the sense that our re- percent of the oil it consumes—com- safely. We have had a difficult time, serves that are attainable are being pared to 36 percent at the time of the perhaps, convincing the environmental pulled down very rapidly. So we are 1973 Arab oil embargo. At this rate the community that we can make a small- going to have to find, if you will, new Department of Energy predicts Amer- er footprint. We can do a better job. reserves. We have the Gulf of Mexico, ica will be at least 65 percent depend- And we have the American ingenuity with the technology, drilling in 3,000 to ent on foreign oil by 2020. and commitment to do it, if given the 6,000 feet of water. While there is a risk The National Energy Security Act of opportunity. associated with that, they have new 2001, which we are introducing today, Many of these areas have been closed technology virtually reducing that risk seeks an overall goal: To enhance na- for exploration and development. to a large degree, so it is manageable. tional security by reducing dependence Mr. LOTT. Mr. President, as I go I think we have to convince our envi- on foreign energy sources while pro- around the country and around my own ronmental friends we do have the tech- tecting consumers by providing stable State, more and more people are bring- nology to make the footprint smaller, supplies at affordable prices. It pro- ing this subject up to me. People are to do a better job, and to get on with vides incentives for the use of natural complaining about gasoline prices. the reality that we can’t conserve our gas—a fuel which can burn cleanly in They are complaining about their elec- way out of this energy crisis. We have internal combustion engines, and tricity bills or their natural gas bills. to simply produce more energy and which is abundant within our own bor- Out in the real world people seem to be sustain ourselves with new tech- ders—especially in the Gulf of Mexico. concerned about it and mad about it, nologies, renewables, alternatives, and It also calls on America to utilize other but when I come back here, I don’t get we have to conserve. domestic resources through incentives the sense of urgency. In fact, there are Nevertheless, when you talk about which encourage the use of marginal a lot of people who seem to think all solar panels, in Alaska, sometimes it oil wells, and the billions of barrels of we need to do with our energy problem gets dark in the winter for a long time. oil we have in Alaska. Likewise, this is provide more incentives to weath- The wind doesn’t always blow like it measure does not ignore the use of re- erize our houses, which is fine, and pro- does in Washington, DC, or sometimes newable energy resources such as solar vide more money for the Low Income in this Chamber. Nevertheless, when power, hydro-power, or wind power. Home Energy Assistance Program, you and I leave here, we have to have However, Congress must acknowledge money that we give to low-income indi- jet fuel in that airplane, not hot air. I that America cannot realistically run viduals to meet their heating and air- think it affords us the responsibility only on renewable energy resources. conditioning costs. that we have to come up with some Coal, oil, and natural gas remain our Now, I emphasize that while those meaningful legislation. most abundant and affordable fuels, are both fine in this bill, they are not If the majority leader would care to and they can be used in environ- an energy policy. The answer to the en- speak at this time, I am happy to yield mentally sound ways. ergy shortage is not for the Federal the floor on this matter. I would appre- Some 55% of the electricity gen- Government to pay the additional cost ciate being recognized upon the conclu- erated in the United States comes from of not having an adequate supply. sion of his remarks. coal-fired steam generating plants. So I commend the Senator for includ- Mr. LOTT. Mr. President, today’s Coal can make a significant contribu- ing those provisions in his bill. It is fuel prices are a daily reminder that tion to U.S. energy security, if the en- comprehensive. He has more incentives America is now at the mercy of foreign vironmental challenges of coal-fired for exploration and conservation, for oil producing nations. America’s de- plants can be met. This legislation will S1552 CONGRESSIONAL RECORD — SENATE February 26, 2001 provide credits for emissions reduc- leum Reserve, but only enough for a The National Energy Security Act of tions and efficiency improvements. It few days—perhaps a few weeks—at 2001, which we are introducing today, will also provide a tax credit on invest- which point we would be on our eco- seeks an overall goal: To enhance na- ments in qualifying system of contin- nomic knees and in danger from a secu- tional security by reducing dependence uous emission control installed on ex- rity standpoint. on foreign energy sources while pro- isting coal-based units. A lot of people want to blame some- tecting consumers by providing stable Congress must provide incentives for thing else: Oh, it is your neighbor’s supplies at affordable prices. It pro- independent producers to keep their SUV; it is your local fuel distributors vides incentives for the use of natural wells pumping, as well. Tax credits for who are gouging you; or the oil compa- gas—a fuel that certainly burns cleaner marginal wells will restore our link to nies are doing it because they want to than some of the types that we have existing oil resources, including many make more money; or the automobile now—where we have an abundance of it in my home state of Mississippi. These manufacturers can produce auto- within our own borders, especially in wells are responsible for 50% of U.S. mobiles more fuel efficient. Perhaps my own area of the Gulf of Mexico. It production. they can, and I hope they will continue calls on America to utilize other do- We also need to increase the avail- to make our automobiles better and mestic resources through incentives ability of domestic natural gas, which more fuel efficient all the time, and which encourage the use of marginal is the clean alternative for coal in elec- they have been doing that. oil wells. tric power plants. Federal land out There are any number of scapegoats. We have billions of barrels of oil that West may contain as much as 137 tril- Before we do that, we should stop and are available in these marginal wells lion cubic feet of natural gas. Simi- realize America has plenty of energy and certainly up in the Alaska area. larly there is Federal land in Alaska sources. It is just that we are not using There are those who say: No, we can’t which is estimated to contain 16 billion them or getting them out of the open up ANWR or some areas on the barrels of domestic crude oil None of ground, and we are not taking advan- west coast, areas on the east coast. these facts should be surprising. tage of the alternative fuels the way We could have everything environ- There has to be a solution to this we should. We have the technology. mentally pure, but we may not be able problem. Some would say that all we That is why I specifically mention this to have the energy supplies we need to need to do is improve energy efficiency clean coal technology. I am sure the run this country or to heat our homes and reduce energy consumption. While distinguished Senator from West Vir- or fuel our farmers or our economy there is a place for energy efficiency ginia could tell you about it. There is generally. incentives in developing a natural en- a plant over here in Maryland that is We should also look at alternative ergy policy, we must not starve our using, I guess, a forward-leaning exper- sources such as solar power and hydro- economy of the energy it needs to imental basis—clean coal technology. power, which is something we rely on maintain and improve our standard of We should explore that to the greatest in this country. We see a problem up in living. In the long run, a national en- extent possible. That is a resource of the Northeast, and because it has been ergy policy that looks at all realistic which we have a large supply. It is all a light year for rain and snow in the sources of energy must be developed. across the board. Yet there are many Northwest and in States such as Idaho, This is not the 1970s, America has in this country who say let’s just re- Oregon, and Washington, they have a better technology, more efficient and vert back to the 1970s; let’s just go with potential problem there. cleaner automobiles as well as more conservation; let’s not worry about Some 55 percent of the electricity energy options. The question is: How supply. I think that is a problem. generated in the United States comes long will we forgo these options and be Our Nation’s farmers are being hit from these coal-fired, steam-generating held hostage to nations abroad or ex- hard. They are paying higher prices for plants, as I have indicated. Coal is tremists at home? Millions of Ameri- farm fuel costs, heating bills, gasoline. something we have an abundance of, cans are enduring mandated power out- That is affecting the fertilizer indus- and with some more tax incentives, we ages because of lack of power infra- try. For obvious reasons, the transpor- can continue to make progress in com- structure or are stuck with bigger tation industry is seeing a significant ing up with new systems that will pro- heating bills due to increased demand hit in air cargo and passenger transpor- vide tremendous rewards for us. and limited production of energy. tation, intercity buses, trucking, and I understand the natural gas area we America must tap the vast resources rail transportation. It has affected the have in the West is as much as 137 tril- we have. If not, those bills are just entire economy already. Indications lion cubic feet. It is estimated that we going to get bigger, and those outages are—and perhaps the Senator from have 16 billion barrels of domestic will occur more frequently. America Alaska has already noted this—that crude oil in Alaska. None of these facts can solve its energy problems but Con- the current oil price situation has al- really should be surprising. We have gress must act in the interests of the ready spiked up the CPI by four-tenths known it, but we have not been serious entire nation, rather than a select few. of a point. That is huge. But you don’t about taking advantage of what we America badly needs a comprehensive, have to be a rocket scientist to figure have there. We can do all this while but realistic, national energy policy, out how that would be happening be- protecting the environment. and we need it now. cause of the rising oil prices and the I realize this is something you can’t Mr. President, again, as we have been impact they have on energy costs apply to every situation, but in the discussing, today’s fuel prices are a across the board. Gulf of Mexico, an area I am familiar daily reminder that America is now at It is affecting consumer prices, and with regarding oil and gas explo- the mercy of foreign oil-producing na- small businesses are also being hit. All ration—I live right on the gulf. I look tions. America’s dependence on foreign this is simply because of the lack of a out on the Gulf of Mexico. It is a won- oil directly threatens our national se- national energy policy. We thought we derful sight and one of the most peace- curity and our freedom. We need to confronted this problem back in the ful things I do. I sit on my front porch think about that and recognize it. 1970s when we had the long lines at gas- in a rocking chair and look at those The situation we have seen in Cali- oline stations. Remember, I think they gulf waters to my left toward the Ala- fornia is not going to be unique, and it had marathon sessions here in the Sen- bama State line. is not just going to apply to the Mid- ate. We took action and we thought Not long ago, there was a natural gas west or the Northeast. This is going to that would not happen again. We didn’t well pumping away and doing fine. A be a national problem. It is going to af- do enough. America now imports about couple of times they had to flare it, fect our economy and our future secu- 56 percent of the oil we consume com- and at night it was a beautiful sight. rity. pared to 36 percent at the time of the They have done what they wanted to When we have the possibility that 1973 Arab oil embargo. At this rate, the do with that well and have moved on. Iraq can cut off part of our oil supply, Department of Energy predicts Amer- As Senator MURKOWSKI has said, and maybe involve other Arab OPEC ica will be at least 65-percent depend- more and more of these oil and gas rigs countries, that is extremely dangerous. ent on foreign oil by 2020. That is ex- are moving to deeper and deeper water. Yes, we have SPR, the Strategic Petro- tremely dangerous. They drill now in such a way that they February 26, 2001 CONGRESSIONAL RECORD — SENATE S1553 know what they are going to hit. They Mr. President, I yield the floor. our Federal budget and pay down our know where it is, and they can do it in The PRESIDING OFFICER. The Sen- national debt would have gone up in 2,000, 3,000 feet of water. It is amazing ator from Alaska. smoke—literally gone up in smoke. technology. Mr. MURKOWSKI. Mr. President, I Energy policy has broad national se- Have we ever had an incident in my yield 10 minutes to Senator HAGEL. curity implications for the United home area? No, never have we had an Mr. HAGEL. Mr. President, energy States because we are so reliant on for- incident with an oilspill at a rig or touches every facet of our lives. Energy eign sources for our supply of crude oil. with natural gas. The most dangerous is serious business. America must have During 1973, at the peak of the energy thing we have is a Chevron refinery. a national energy policy that ensures crisis, we relied on foreign sources of Big ships come in and have to offload we have a reliable, stable, and afford- oil for 35 percent of our domestic sup- on to smaller ships. They bring those able source of energy. This cannot be ply. Since that time, we have become smaller ships into the harbor and port neglected. To do so leaves our Nation more, not less, dependent on foreign and offload them at the refinery. They, vulnerable on all fronts. oil. Today we import about 57 percent too, have been successful in not having Energy policy ties together Amer- of the oil used in the United States. Pe- incidents that have caused environ- ica’s economy, our standard of living, troleum accounts for one-third of the mental problems, but there is more of our national security, and our geo- U.S. total trade deficit. Who are we a risk bringing in foreign oil from big political strategic interests around the kidding? boats to smaller boats to the dock than world, and, of course, this Nation’s fu- Our reliance on foreign oil leaves the there is to drill for oil and gas. ture. United States vulnerable to the whims Also, the best fishing in the gulf is We have entered a period where low of foreign oil cartels. Should some- around the rigs. Ask the people who energy supply has met high energy de- thing happen to threaten this supply, live there. They will tell you it has mand. Oil prices have tripled over the we cannot turn on the spigots in the been a tremendous boon to fishing. You last 2 years, hitting a high last fall of United States overnight; we are lit- catch the biggest fish right around the nearly $40 a barrel—the highest price erally blackmailed; we are literally oil rigs off the coast of Louisiana and since the buildup to the Persian Gulf captive to outside energy sources. A tight oil market gives additional off the coast of Mississippi. This is a war in November 1990. leverage to individual oil-exporting na- personal example. Last Friday, the price of a barrel of We can have oil and gas exploration, oil was $29. This winter, California has tions and tyrants. Half the world’s protect the fish and wildlife, and do it endured severe disruptions in the sup- spare production capacity right now is in an environmentally safe way. I hope ply of energy as a result of many fac- in Saudi Arabia. Iraq, whom we bomb we will develop this overall policy. We tors, mostly a wrong-headed deregula- by night and who imports oil by day, is now one of the fastest growing sources can pick it apart. Some people are tion effort that left the market incapa- of U.S. oil imports. going to say: Oh, no, we can’t open up ble of adapting to the imbalances be- Our allies would be more vulnerable tween high demand and low supply. ANWR. It is always interesting to me to threats from oil-producing nations We are also seeing the impact of a that the people who say we cannot do because they are even more dependent combination of record high natural gas it are the people who do not live there. on foreign oil. America and its allies prices and a harsh winter. Consumers The people who live there think we can must never allow themselves to be- all across the country are being hit do it and do it in an environmentally come political hostages of energy sup- with double and sometimes triple the sound way. plier nations. This could lead to inter- energy bills they had last winter. It is There will be those who object to national blackmail and dangerous, un- very difficult for many families to ab- that and maybe try to defeat it. Others predictable world instability. will say we shouldn’t give incentives to sorb this shock to their budgets, and We drifted through the last 8 years get these margin wells in operation. they cannot go without heat. We have without an energy policy, content to Others will say the Federal Govern- increased the Federal funding for the sit back and enjoy a good economy and ment should not be involved in paying Low-Income Home Energy Assistance take credit for that economy, but un- people’s utility bills. Program, LIHEAP, to assist families in willing to prepare our Nation for the If we pick it apart piece by piece, we the short term. But the real answer is difficult challenges ahead and make will wind up with nothing or a skel- a long-term change in policy. the hard choices necessary for energy eton, and we will not have a national High energy costs ripple through the independence. energy policy. If we do that, I predict, economy. Price spikes send a shock When this crisis arose last year, the today on this floor, within the next 5 through the economy, increasing prices Clinton administration had no solution years we are going to have a disastrous for everything that uses energy, and or strategy for how to deal with the energy supply situation in this coun- that is everything. They drive up infla- problem. The policies of the last ad- try. We have an opportunity to do tion. ministration served to discourage and something about it this year in a bipar- An analysis last year by the Heritage at some points actually completely tisan way that will be good for every Foundation found that high oil prices shut off domestic oil and natural gas region of the country and every group would cost the average American fam- production. Over the last 8 years, we that might have an interest in energy ily of four more than $1,300, decrease have seen millions of acres of possible policy. consumer spending by nearly $80 mil- exploration areas for oil and natural I implore my colleagues in the Sen- lion, and cost our economy almost gas completely taken off the table. ate, and I call on this new administra- 500,000 jobs over the next 2 years. While oil consumption in the United tion: Let’s step up to this. Let’s not In the United States, a slowdown in States has risen by 14 percent since shrink from our own problems, desires, economic growth due to higher energy 1992, U.S. crude oil production has de- concerns, or knowledge. One thing that prices will have a negative impact on clined by 17 percent. Over the last 4 has always bothered me is if you know our Federal budget. The assumptions years, 58,000 wells were shut down. anything about a subject, if you know for projected Federal budget surpluses What do we do about this? What can anything about energy, in this city you over the next 10 years do not take into we do to address this problem? We are disqualified; you have to be igno- account what would happen if high en- must pursue a comprehensive energy rant to decide what you need to do ergy prices, energy shortages, or en- policy that decreases our reliance on about the future energy needs of this ergy rationing stalled our economy. foreign oil by increasing the safe and country. That is a big mistake. Where then would be our proposals to environmentally sound production of We have an opportunity with regard finance new prescription drug plans for our domestic oil and gas resources and to our children’s economic future. Medicare recipients, provide more by developing a more diversified supply From a security and freedom stand- funding for education, grapple with the of energy sources. point, we must do this bill. I look for- restructuring of our entitlement pro- We cannot wait for the next crisis to ward to bringing it to the floor of the grams, and much needed funds to im- decide what we will do. Natural gas de- Senate for consideration by all Sen- prove our Nation’s military? The mand is estimated to grow by 30 per- ators. money needed to fund these areas of cent over the next decade. Shutting off S1554 CONGRESSIONAL RECORD — SENATE February 26, 2001 the lights and increasing efficiency ronment, it would seem to me they tion, all who were in attendance and won’t begin to make up for the in- would want every possible drop of that represented at the press conference creased demand. We need a greater sup- oil and natural gas to be found in the where we discussed the introduction of ply of energy. United States to be pumped and drilled this legislation this morning, be print- We must develop a national energy under safe environmental regulations ed in the RECORD following my remarks policy that meets the present and fu- imposed by State and local govern- relative to the introduction of this leg- ture needs of our country. I am pleased ments, the EPA, the Federal Govern- islation. I also ask unanimous consent today to join Chairman MURKOWSKI and ment, the U.S. Fish and Wildlife Serv- that a letter of support from the Team- my colleagues in introducing the Na- ice. sters be printed in the RECORD fol- tional Energy Security Act. We must We are all concerned about the envi- lowing my remarks. increase our production of energy. ronment. We have led our Nation far The PRESIDING OFFICER. Without This legislation will help ensure an too long without a comprehensive en- objection, it is so ordered. affordable, reliable, and diversified do- ergy strategy. The President and Con- (See Exhibit 1.) mestic supply of energy. We must also gress must immediately address Amer- Mr. MURKOWSKI. Much has been focus on becoming more efficient in ica’s need for a strong, defined national mentioned of one facet of this legisla- our use of energy. Conservation is im- energy policy. It underpins our nation. I refer to the ANWR area. I also portant. This bill will help make en- tional independence. Energy independ- want to add that while we have not ergy prices less volatile and alleviate ence underpins our national security, sought cosponsors, there have been the impacts that the wild price swings it underpins our economy, our standard many who have come to the floor today have on the national economy. It will of living, our trade, our role in the or have contacted me. As a con- reduce our reliance on foreign oil. world, and the future for our children. sequence, I think it is important to add The United States must seek to fur- Our Nation’s future is directly con- my senior colleague, Senator STEVENS, ther diversify its energy resources nected to energy capacity. If we fail even though I have not been able to portfolio. We must all learn the lessons this great challenge, we will leave the contact him, so I condition that. But I of history and recognize that we should world more dangerous than we found don’t want him to think we haven’t not be focusing our energy needs in one it. That is not our heritage. This will thought of him. I add his name. area but must have a diversity of require bold, forceful, and intelligent I will identify on the first map, to get sources of energy to meet those needs. leadership. We can do this. We will do a feeling for ANWR and what it is all The bill we are introducing today pro- this. This is America’s heritage. about, I will demonstrate what part of motes alternative fuels for vehicles, it I yield the floor. Alaska comprises ANWR. It is 21⁄2 encourages the production of tradi- The PRESIDING OFFICER. The Sen- times the size of Texas. Nevertheless, tional sources of energy, and advances ator from Alaska. it is a big, big piece of real estate. This cleaner technologies for the future. It Mr. MURKOWSKI. Mr. President, I area on top is called ANWR. It in itself encourages the development of thank my colleague from Nebraska for is about the size of South Carolina. It biofuels, geothermal, hydropower, his candid statement, particularly is 19 million acres. Notable on this map clean coal, and other energy options. when he focused on the lack of sensi- are the colored areas which are Federal For the United States to protect itself tivity in the oilfields of much of the lands. from the whims of international oil world. Yet we depend on the oil coming The reason it is appropriate to reflect cartels and tyrants, we must harness from there. We don’t seem to have any a little bit, I hear the quotation, why and develop as many of our renewable regard for how it is produced or the can’t we have some area of wilderness energy resources as possible. This bill sense at this time of the environment. that is as it always was, with no foot- also increases funding for LIHEAP by We take it for granted and somehow print of any kind? And the justification $1 billion to ensure that low-income just ignore that we have the responsi- of ANWR, indeed, is it fits that descrip- families will not have to choose be- bility because we are addicted to for- tion. tween heating their homes and feeding eign oil and yet we accept no responsi- That is hardly accurate. If we look at their families. bility for the environment. I commend another map shown in the scope of re- And, yes, part of the solution in- him for that observation. I thought it ality, we see the small portion of Alas- cludes opening the Arctic National was very pertinent. ka that is known as ANWR is 19 mil- Wildlife Refuge to exploration. Drilling Mr. President, I ask unanimous con- lion acres, and we have set aside 8 mil- in ANWR has been used to portray the sent that a list of the participants in lion acres in wilderness and 91⁄2 million Bush administration, and those who the press conference on the National acres in refuge, leaving 11⁄2 million as a support opening ANWR to drilling, as Energy Security Act of 2001, including coastal point, which is the only area anti-environment. What strikes me odd the Campaign to Keep America Warm, disturbed if drilling is authorized by about that line of argument is that it Interstate Oil and Gas Compact, Na- the Congress of the United States. is faulty. It is faulty for many reasons. tional Association of Regulatory Util- These land designations were made in One of the most important among ity Commissioners, Small Business about 1980. They are permanent. The them is that most countries from Survival Committee, National Associa- wilderness will remain the wilderness, which we import our oil now have very tion of Manufacturers, Association of 8 million acres, the 9.5 million acres little regard for the environment. You Home Appliance Manufacturers, Na- will remain in the refuge, leaving the look at some of these foreign oilfields tional Association of Neighborhoods, small area open for exploration. around the world and you see total de- Fertilizer Institute, Edison Electric In- The difference is the geologists say struction of the environment, no regu- stitute, Printing Association, United this is the most likely area where a lation, no laws, no respect for the wild- States Combined Heating, American major oil discovery might be made in life and the land on which they drill. Gas, Washington Gas, Nuclear Insti- North America, and they indicate 10 to A study done by the Interstate Oil tute, American Forestry Society, 16 billion barrels, equal to what we im- and Gas Compact Commission found American Forests, American Institu- port from Saudi Arabia. that U.S. producers spend almost $3 tion of Architects, National Associa- The other fallacy not noted is there billion annually, or roughly $2 a barrel, tion of Home Builders, Air Transport is a footprint there already. to comply with environmental regula- Associates, Society of Independent There is a village. There are about tion in the United States. I doubt that Gasoline Manufacturers, National As- 227 Eskimo people who live there. This one-tenth of this is spent on environ- sociation of Realtors, the Coalition for is their airstrip, hangars, schools. This mental regulations in all the other oil- Affordable Renewable Energy, National is a picture of the children going to and gas-producing countries combined. Pumping and Heating, American High- school, happy, Eskimo children. It is a Who is taking care of the environment way Users, National Restaurant Asso- pretty bleak outlook because it is win- and who is not taking care of the envi- ciation, U.S. Oil and Gas Association, ter there about 10 months out of the ronment? National Association of Convenience year. So if environmentalists are truly Stores, the National Refiners Associa- I want to show this major map again. concerned about the worldwide envi- tion, the Independent Driver’s Associa- When we talk about this area the size February 26, 2001 CONGRESSIONAL RECORD — SENATE S1555 of the State of South Carolina, 19 mil- I also want to show another picture east nations that we no longer have lion acres, and take it down to 1.5 mil- of the wintertime and what some of the any leverage left? They can control the lion acres here—here is Kaktovik. The animals are acclimated to. Because it supply. They can control the price. picture just appeared. To suggest there is easier to walk there, they walk on We are not going to eliminate our de- is nothing there is misleading. This is the pipeline. They are walking on the pendence, but we can reduce it. I see the radar site. This is the village. The pipeline because it is easier to do that the U.S. Coast Guard reducing its mis- airstrip is over here. The footprint is than it is to walk on the snow. These sion capability for rescue and fishery really there. That is what is in this are actual photographs. It is not any- patrol because of the increasing costs area of ANWR. The rest of it, as I indi- thing that was put together. of fuel, which limits their mission ca- cated, is a refuge or wilderness. I might Let me also show pictures of what it pability. I ask unanimous consent this add, we have about 118 refuge or wilder- looks like building the area in the win- document be printed in the RECORD. ness areas where we are producing oil tertime where we have the rough and There being no objection, the mate- or gas. To suggest this is unique begs rugged tundra. In the winter, it is very rial was ordered to be printed in the the issue. It is unique, but you have to bleak. There are about 10 months of RECORD, as follows: keep it in perspective. winter a year. Here is the technology COAST GUARD CUTS BACK ON PATROLS TO For those who say, why don’t we used to develop the oilfields. We use SAVE MONEY have some area of wilderness that has winter roads made of ice. KODIAK (AP).—In an effort to save money, not had any footprint, let me show a Again, it is new technology. Here is the Coast Guard has shaved five days off the couple. In our State of Alaska, we have the same picture in the summer. It is cutter Storis next patrol of fishing grounds. 59 million acres of wilderness. This is about a 2-month summer. You can see The Storis was due to leave Friday to pa- the Gates of the Arctic here, which is a the footprint is very manageable. trol Alaska’s domestic fishing grounds, in- little over 8 million acres. That is it. My point going into this detail is cluding the Aleutians and the Bering Sea, and make routine boardings of U.S. fishing You can wander through it. It is des- that those who criticize give very little ignated ‘‘wilderness.’’ You can view it vessels. But the 230-foot cutter will not get credit to the advanced technology that under way until Wednesday morning, said for its beauty or its harshness. we have, the ability to find oil and Cmdr. Ray Massey. We have another area here in the make a very small footprint. ‘‘Our Pacific Area Command decided to go Wrangell-St. Elias area. We have some The justification for going into ahead and keep them at the dock as a cost- almost 11 million acres of wilderness in ANWR is that geologists tell us that is saving measure,’’ Massey said. ‘‘We’re con- this area. To suggest this is the last where a major find is more likely to be cerned that they get under way. They’ve wilderness is hardly respecting reality. made than any other area. They sug- missed several days of domestic boardings.’’ The Coast Guard has taken similar meas- I want the record to note that because gest somewhere in the area of 16 billion many of my colleagues are under the ures in the past, Massey said. This time the barrels. Alaska command is trying to close a 10 per- opinion this is the only area left. As we look at what I think are some Let me conclude with a couple of cent cut in the operational budget. of our inconsistencies, let me remind ‘‘This budget struggle is based on the high other items that I think are relevant you that we are now importing 750,000 cost of fuel and the mandated increases in to this particular issue. To give some barrels from Iraq. We fought a war over salaries,’’ Massey said. idea, Wrangell-St. Elias is much bigger there in 1991. We lost 147 lives. The sig- The Department of Defense raised military in wilderness than is ANWR. The Gates nificance of depending on that source, I wages 3.7 percent Jan. 1, but did not adjust of the Arctic, as I indicated, are about the Coast Guard budget. think, suggests we are compromising Cutters spend 45 days at sea when they are 8 million acres. our national security. I say that real- To give some idea of the extent of the on standard patrol duty. It costs roughly istically because the other day we efforts to accommodate the wildlife, $3,500 an hour when cutters are under way, noted we took a very aggressive pos- Massey said. Multiplied by 24 hours, a few this is an article entitled ‘‘Bruins ture, bombing some of the radar sites days tied to the dock results in savings of Brewing? Polar bears apparently boom- about $84,000 a day. ing on stretch along Beaufort Sea.’’ in Iraq up near Musel to take them out because we thought they were hin- ‘‘We need a supplemental budget increase,’’ It further states: Massey said. Beaufort Sea area’s polar [bear] population dering our efforts to enforce a no-fly The delay does not affect Coast Guard could be in excess of 2,500. zone. What they did not tell you was search-and-rescue operations, with heli- Some will suggest the polar bear den there have been about 20,000 sorties copters and the 378-foot cutter Mellon on the in ANWR. The polar bear don’t den in since 1991–1992, at great cost to our grounds in the Bering Sea, he said. ANWR, they den on the ice. There are Government, enforcing the no-fly zone. The delay also did not disappoint most of Just what are we doing? If I can sim- the crew on-board the Storis, according to a few that do winter there, but the seaman Frances Jiannalone. most significant thing about what we plify our policy, we are importing 750,000 barrels of oil from Saddam Hus- ‘‘It was like a total surprise. We were just do with the polar bear is we don’t allow about to get under way, I’m talking 10 min- hunting of the polar bear. If you are a sein. We give him payment for that oil. utes, and I answered a call. They asked if we Caucasian, you cannot take a polar We take the oil, put it in our planes, were about to get under way. I said yes, and bear. You can in Russia or Canada, but and go bomb him. Maybe I am missing they said, ‘Well, that’s all about to you cannot take it in the United States something. What does he do with our change,’’’ Jiannalone said. because it is a marine mammal and is money? He takes our money and, in ef- He said the captain announced the delay 10 minutes later. protected. The Native people take a fect, takes care of his Republican few for subsistence. To suggest some- Guard, which keeps him alive. He also Mr. MURKOWSKI. When that hap- how we are going to decimate the polar develops a missile capability and a de- pens, it affects all of our capability as bear is again mythical, a story, not livery capability and biological capa- well. made up of any scientific fact. bility. At what is it aimed? At our When we look at the dreaded situa- The idea of spills in the area—let me greatest ally, Israel. Maybe I am being tion in this country relative to what show the Prudhoe Bay area, because it overly simplistic, but if you think has happened in California, we realize represents the old technology. The oil- about it, that is about what happens. that some of our aluminum companies field is here with the caribou. There is At what point do we sacrifice our na- are not making aluminum because the pipeline. There are the caribou. tional energy security interests? What they have long-term contracts for en- You have seen it before, Mr. President. we have done in this legislation which ergy and they are selling the energy. Those are not stuffed animals. They we have introduced today—I see Sen- Urea fertilizer factories are no longer are browsing around because there is ator CRAIG on the floor—we are at- selling urea because they can sell the nothing that will harm them. tempting to reduce our dependence to gas for a higher price than if they sold If you spill a pint of oil from your 50 percent or less, instead of increasing the product. These are inconsistencies transmission, it has to be reported. If it. As the Department of Energy says, that affect the very backbone of our you spill water, it has to be reported. by the year 2005 or 2006, we will be close Nation. We have very stringent environmental to 60 percent. At what point do we As we begin the debate on the energy laws and regulations to ensure we re- compromise totally? At what point are bill, I encourage my colleagues who duce to a minimum the exposure. we becoming so dependent on the Mid- have heard from the environmental S1556 CONGRESSIONAL RECORD — SENATE February 26, 2001 community that somehow this can’t be absolutely ridiculous. We have a pipe- come up here and calf sometimes in the done safely to recognize the responsi- line 45 miles from Prudhoe Bay. It only Coastal Plain, and sometimes not. But, bility on the national security inter- needs another 25 miles, and we could in any event, they cross a highway, the ests of this Nation and to recognize the have this area open in less than 3 years Dempster Highway. All these little technological advances that we have to have oil flowing, if indeed the oil is marks are wells that were drilled in made. For heaven’s sake, come up and there. their path. They did not find any oil so see for yourself. We have extended an Some people say, Senator, it is only they made a park out of it. That is invitation to Members of this body to a 6-month supply. That is a bogus argu- fine. But somehow we have seen the en- come up to ANWR on the 30th or the ment. That assumes there is not going vironmental groups—the Sierra Club, 31st of March and the 1st of April. We to be any other oil produced in this Friends of the Earth, the Wilderness extended that to spouses as well. Get country for 6 months; all of it will Society—fund this effort to basically an appreciation. Keep your mind open stop. suggest to the Gwich’in people that until you see it. Many of the Members, You can turn that thing around, and their lifestyle and their traditions will of course, tell me: FRANK, we under- say, well, if we don’t develop it, then be lost, and their dependence on the stand you did open it. We really know the United States is shortchanging Porcupine caribou herd will be lost if that. But you know how it is with the itself with a 6-month supply for all the indeed, this development takes place. environmental community if you argue trains, airplanes, and all the boats. It There is another group of Gwich’ins against them. is a ridiculous argument, if the oil is who are looking forward to having job What responsibility does the environ- there. opportunities and so forth. Time and mental community have relative to Remember Prudhoe Bay. This area time again, they have been invited up their responsibility to come up with has been producing 20 percent of the to Barrow to meet with the Eskimos to some alternatives and recognize that total crude oil produced in the United see what the ability to tax oil and oil we have an energy crisis? They simply States for the last 27 years. At one facilities has meant to their lifestyle. say we can conserve our way out. You time it was 25 percent. That is the fac- Each time the journey is cut short by simply can’t do it. We can do a better tual record. the pressure of the Gwich’in Steering job of it. But we are an electronic soci- Please keep this in mind. If you want Committee. You have to be careful who ety. We send e-mail and use our com- wilderness, we have 59 million acres of you are talking to when you talk of the puters. The reality is we have to do wilderness in our State, and more than Gwich’ins because there are two dif- better. We have to use alternatives. all the States put together. We are ferent people. One of the groups—the But you can’t conserve your way out of proud of it. But to suggest that some- Gwich’in Steering Committee—is fund- this. how you are going to jeopardize this 19 The reason I am going into this at ed by a significant portion of America’s million acres by initiating some drill- some length is ANWR becomes some- environmental community. And one ing in 11⁄2 million acres just doesn’t fly what of a lightning rod because it is a more time: For what reason? Because with reality. cause, if you will, for the environ- they need a cause. Their cause gen- We must have an opportunity to de- mental community. They need a cause. erates membership, dollars, and is so bate some of these environmental They need a cause that is far away far away that it can’t be evaluated on groups that put fear in some of my Na- where the American people can’t really its own merits. tive people. These people who live in see it for themselves and that the press That basically concludes my remarks really can’t afford to go see. As a con- this area, whether they be the Eskimos on this particular aspect of the energy sequence, it generates great member- on the North Slope or the Gwich’in bill, which I think deserves some spe- ship, great dollars, and the fear that people, are proud people and look for a cial attention since it has been identi- somehow we can’t do this. Yet in better way of life and opportunities. fied time and time again. Prudhoe Bay, we have had 30 years of In Barrow, I always recall one friend I encourage my colleagues to give me experience and 30 years of technology. of mine who said: Senator, I used to a call if they have any further ques- The footprint now is estimated—as you come to school to keep warm. tions. I hope they will accept the invi- I said: What do you mean? move from this technology 30 years ago tation of Senator STEVENS and I to He said: The first thing I did when I over to this area on the map of come up and visit the area. If not, we got up and left our sod home was to go ANWR—out of this million and a half would be happy to meet their staffs. out and pick up driftwood. There were acres up here in the Coastal Plain, I remind them that all of us have an which is the only thing we are talking no trees. That would be driftwood obligation to meet our legitimate envi- about —we are not talking about this floating down the McKenzie River and ronmental concerns. We also have an because this is a refuge—we are talking lying around on the beach. He said: I obligation to address the national secu- a footprint of roughly 2,000 acres. That came to the Bureau of Indian Affairs rity interests of our Nation as far as would be the footprint if the oil is school to keep warm. our growing dependence on imported there in the volume. Then we look at Barrow today. They oil is concerned. This is an opportunity I encourage my colleagues to keep have the most beautiful school in the to relieve that in a very positive and the discussion and the debate within United States. They have an indoor re- meaningful manner. the parameters of facts as opposed to cess area because they have the taxing I yield the floor. emotions. To suggest that somehow we ability to improve their lives, to give EXHIBIT 1 do not have the technology to take them an alternative lifestyle where NATIONAL ENERGY SECURITY ACT OF 2001— care of the Porcupine caribou herd is every child has an opportunity for a PRESS CONFERENCE PARTICIPANTS ridiculous. We only allow drilling in full paid college education, if they wish Campaign to Keep America Warm: Jim the wintertime as a consequence of the it. There is no where else in the coun- Benfield. caribou calving. We have improved the try with that. IOGCC: Christine Hansen, Executive Direc- central Arctic herd. Then we have the Gwich’in people in tor. Old Crow and other areas in Alaska NARUC President and PA PUC Commis- People ask, Is this energy bill going sioner: Nora Mead Brownell. to be compromised by ANWR? Is that down near the Fort Yukon Arctic vil- KY Public Service Commissioner and Chair the backbreaker? I hope my friends in lage. I have been in the area and have NARUC Gas Committee: Edward J Holmes.— this body and in the environmental met the people. But there is the group ‘‘As Chairman of Naruc’s Committee on Gas, community recognize that we have a that the Gwich’in Steering Committee my committee members and state public responsibility to address an energy cri- has put the fear into that somehow utility commissioners across the U.S. work sis, and by passing this legislation in- these people will lose the Porcupine with energy matters on a daily basis. I com- cluding ANWR, we are going to be able caribou herd if, indeed, there is devel- mend Sen. Murkowski’s efforts in recog- opment in this Coastal Plain. nizing the need for federal legislation that to reduce our dependence on imported institutes a comprehensive national energy oil to less than 50 percent within a rea- This is kind of interesting. This is policy including balanced reliance on all en- sonable period of time. the U.S. This is Alaska. This is Canada. ergy resources.’’ Some people say it is going to take This is the migration route of the car- Small Business Survival Committee: Karen you 10 years, if the oil is there. That is ibou. They have a wide range. They Kerrigan.—‘‘This legislation, by increasing February 26, 2001 CONGRESSIONAL RECORD — SENATE S1557 access to critical energy supplies and im- United States Combined Heat and Power National Association of Home Builders: proving the infrastructure to move those Association: John Jimison, Executive Direc- William P. Killmer, SR Staff VP, Govern- supplies to consumers, will make for more tor.—‘‘We believe that this is a critical time ment Affairs. reliable and affordable electric power and for Congress to confront comprehensively American Chemistry Council: Jim D. transportation fuel, which is essential to the nation’s energy imperatives—the need McIntire, Vice President. small business’s economic well-being. Afford- for adequate supplies of electric and thermal Society of Independent Gasoline Marketers able energy is particularly important to energy at competitive costs with short lead- of America: Greg Scott, Counsel.—‘‘SIGMA small businesses which are extremely sen- times, maximum fuel efficiency, high reli- represents independent petroleum marketers sitive to price fluctuations and supply disability, and minimal environmental impact, who are deeply concerned about balkani- ruptions. For many small businesses, energy in a market open to all participants.’’ zation of the nation’s motor fuels markets, costs and reliable supplies are the difference American Petroleum Institute: Red retail price volatility, and the decreased between profits and losses.’’ Cavaney, President. overall supplies of gasoline and diesel fuel. Aluminum Association: Robin King. American Public Gas Association: Burt SIGMA members are convinced the country The Fertilizer Institute: Ford West. Kalish. can have clean fuels, environmental protec- American Forestry and Paper Association: American Gas Association: Dave Parker, tion, and a sound national energy policy that Hansen Moore. President and CEO.—‘‘To meet consumers’ increases overall supplies and competition.’’ U.S. Chamber of Commerce: Sally Jeffer- strong demand for natural gas in coming National Association of Realtors: Doug son. years, we commend Senator Murkowski for Miller, Commercial Policy Rep, Gov. Affairs. National Association of Manufacturers: sponsoring this important legislation, which Competitive Enterprise Institute: Myron Mark Whittenton, Vice-President, Re- calls for a comprehensive review of natural Ebel.—‘‘Senator Murkowski’s bill if enacted sources, Environment, and Regulation.— gas resources, expansion of the pipeline de- will re-establish the conditions necessary for ‘‘With NAM calculations indicating that the livery system and development of energy-ef- the energy industries once again to be able rising price of oil and gas cost our economy ficient technologies.’’ to provide Americans with cheap and abun- more than $115 billion between 1999 and 2000, Questar Gas: Nick Rose, CEO, Chairman, dant, reliable energy, upon which our pros- it is clear that energy problems will have American Gas Association. perity is based. For example, it will encour- Washington Gas: James H. DeGraffenreidt, ripple effects throughout the economy. Con- age environmentally-responsible oil and gas Jr., Chairman & CEO.—‘‘Authorization of gress and the Administration must develop a exploration and production on federal lands significant, long-term LIHEAP funds and in- strategic national energy plan to increase closed by Clinton and make it possible to centives to improve energy efficiency are energy supply, improve energy efficiency and build needed new pipelines and refineries.’’ clear benefits for our customers. Addition- optimize all energy resources, including nat- National Association of Convenience ally, a national energy policy will benefit ev- ural gas, oil and coal.’’ Stores: John Eichberger, Director of Motor eryone by addressing the supply/demand re- American Farm Bureau: Jon Doggett, Sen- Fuels.—‘‘NACS members sell approximately lationship in a balanced and economically- ior Director, Natural Resources and Energy. 60 percent of the motor fuels in the United Business Council on Sustainable Energy: efficient manner.’’ Nuclear Energy Institute: Joe Colvin, States every year. NACS members are Michael Marvin, President. President.—‘‘The energy policy proposed by strongly supportive of a national energy pol- Plug Power Inc.: Jennifer A. Schafer, Di- Senator Murkowski is a well-crafted frame- icy that increases motor fuel production, rector of Federal Governmental Affairs.— work to build a brighter, better future for provides clean motor fuels to our customers, ‘‘Senator Murkowski is to be commended for the American people. It recognizes the valu- and recognizes the important role that his foresight in addressing the America’s able role that nuclear energy plays in our motor fuels play in driving our nation’s dire energy situation. We look forward to country’s diverse mix of energy sources, and economy. working with the Chairman and his staff to it takes positive, practical steps to ensure a The Coalition for Affordable and Reliable expand his distributed generation provisions broad base of energy sources are available in Energy (CARE): Paul Oakely.—‘‘Senator to include residential fuel cell systems.’’ Murkowski has taken the first step in the American Methanol Institute: Bailey the decades to come.’’ Association of Home Appliance Manufac- process of developing a much needed na- Condrey, Jr., Director of Communications.— tures (AHAM): Joseph McGuire, President.— tional energy policy. We support the devel- ‘‘The current energy situation underscores ‘‘The Association of Home Appliance Manu- opment of a sound energy policy for America the need for a comprehensive energy policy facturers applauds Sen. Murkowski for his which takes full advantage of diverse domes- that will encourage the use of alternative leadership in helping develop a national en- tic energy resources, including its abundant fuels and alternative fuel vehicles and tech- ergy policy. We support efforts to establish coal reserves, while striking a sensible bal- nologies.’’ such a policy through measures aimed at en- ance among social, economic, national secu- National Association of Neighborhoods: Ri- ergy supply, conservation and energy effi- rity, environmental and energy goals.’’ cardo Byrd.—‘‘Energy is the lifeblood of ciency.’’ National Restaurant Association: Lee R. America’s neighborhoods: it heats, lights and Natural Gas Vehicle Coalition: Paul Culpepper, SRVP Government Affairs. powers our homes, providing for our most Kirkhoven.—‘‘We commend Senator Mur- The National Petrochemical and Refiners basic needs. We are witnessing this winter kowski on his leadership by introducing the Association: Bob Slaughter, General Coun- the devastating impact on our neighbor- National Energy Security Policy Act. This sel.—‘‘The National Energy Security Act hoods—particularly on seniors, poor and bill, when enacted, will meet the energy will strengthen America’s refining infra- hardworking families—of the failure to have needs of today’s consumers and will promote structure by refocusing public policy on the a comprehensive national energy policy.’’ the increased use of natural gas as a motor need to maintain and expand the nation’s re- Edison Electric Institute: Lynn LeMaster, vehicle fuel.’’ finery capacity. This will help provide indi- Senior Vice President.—‘‘U.S. energy policy American Propane Gas Association: Lisa vidual consumers with a stable supply of pe- should focus on assuring adequate domestic Bontempo. troleum products at reasonable prices and energy supplies, renewing and expanding our American Institute of Architects: Dan Wil- petrochemical producers with predictable energy transportation infrastructure, assur- son, Senior Director, Federal Affairs. amounts of competitively-priced feeding adequate electricity generation and a di- Association of Home Appliance Manufac- stocks.’’ verse fuel generation mix, improving energy turers: Joseph M. McGuire, President. Americn Highway Users Alliance: Bill Fay, efficiency, encouraging investment in new American Gas Cooling Center: Tony Executive Director. technology and providing energy assistance Occhionero, Executive Director.—‘‘We com- National Plumbing, Heating, and Cooling to low-income households. The Murkowski mend the Chairman for his leadership in Contractors: Lake Coulson.—‘‘PHCC is com- bill addresses all these concerns.’’ moving quickly to address the reliability posed of almost 4,000 contracting business, Printing Industries Association: Wendy and adequacy of our nation’s energy system. many of whom are small businesses and are Lechner, Senior Director, Federal Employ- As the legislation makes its way through affected by the current energy situation. ment Policy. Congress, we will work to ensure further PHCC believes that the country needs an en- ASAP Printing, Alexandria, VA.: Joe peak demand reduction measures through in- ergy policy that will provide reliable energy Brocato, Owner.—‘‘In representing the 14,000 clusion of gas-fired cooling and additional and affordable prices for American families members of the Printing Industries of Amer- on-site power generation.’’ and businesses. PHCC-National Association ica (PIA) here today, I strongly support im- Process Gas Consumers: Dena Wiggins. supports efforts designed to improve energy proving and increasing domestic energy Building Owners & Managers Association: efficiency and conservation. PHCC-National sources and encouraging energy conserva- Gerald Lederer, VP Government & Industry Association supports the installation and use tion. Printing companies like mine are fairly Affairs; Karen Penefiel.—‘‘The federal gov- of water conserving methods and products.’’ significant users of energy resources. As en- ernment needs to enact a national energy Owner Operator Independent Drivers Asso- ergy prices continue to increase, I worry policy which ensures all consumers have ac- ciation: Paul Cullen, Government Affairs about the effects. Do I raise prices and harm cess to adequate supplies of reasonably Representative. my relationship with my customers or will I priced energy. A building owner’s ‘‘com- Air Transport Association: Ed Merlis.— be forced to let go long-time, loyal employ- modity’’ is a productive office environment, ‘‘Senior Vice President, Legislative and ees? Neither choice is a good one. A well which is not an ‘‘interruptible service.’’ Even International Affairs. With jet fuel being our thought out national energy policy is needed a temporary (energy) shutdown can lead to second highest expense item, airlines have and needed soon.’’ major problems.’’ felt the serious consequences of escalating S1558 CONGRESSIONAL RECORD — SENATE February 26, 2001 energy prices, which raise airfares, particu- the lack thereof—whether it is at the gas line goes, where you have to use larly on leisure travelers. It is imperative gas pump, or whether it is in the power bottled gas out in rural America for that we develop a comprehensive national bill they receive monthly, or their cooking, heat, and some space heat, energy policy. Senator Murkowski’s legislation is a strong, positive step in that direc- space heating bill, or the cost of the there, once again, it has tripled; and tion.’’ goods that have a major component of even for the poorest of Americans, it is Mr. CAMPBELL. Mr. President, energy in them. a cost they are finding very difficult to The Senator has just concluded today I am pleased to join my friend bear. Wholesale electric prices too have speaking about the potential of pro- risen significantly. and colleague Senator MURKOWSKI as Of course, we have all watched and an original cosponsor of the National ducing upwards of 16-plus billion bar- Security Act of 2001. This bill rep- rels of oil domestically in our country been a part of—at least by action or by resents a significant effort to define in addition to what we already have. I debate—the episode in California and our national energy policy and it will will say—and I am sure I will say it the experimental, but very flawed, be considered shortly. more than once over the course of the electricity deregulation effort that has For years many Senate Republicans next several months of debate—the produced an unbelievable high of near- called on the previous administration ANWR issue is not an environmental ly $300 for a megawatt hour in the spot to define our national energy policy. It issue. It never has been, and it never market—$300 for a megawatt hour in is apparent that they never answered will be. It is a political issue. the spot market—compared with just a our calls. We all know that this bill The technology of today will protect few dollars at some points in an Idaho must now be discussed and specific con- that environment. When the oil is ex- market a few years ago. That is a tre- cerns need to be addressed. But, this is tracted and the wellheads are gone, it mendous drive-up in cost. That is an important step to lay the founda- will hardly be noticeable that man, in about 30 cents per kilowatt hour, or tion for our future energy plans. the form of his modern technology, was five times what the investor-owned We are a Nation that uses coal, oil, there. This is a political issue by inter- utilities in California are allowed to hydro power, natural gas and nuclear est groups who need a cause. The Sen- charge their consumers. power. This cannot be disputed. But, ator from Alaska has spelled that out To bring it into perspective, my con- the previous administration would not well in the last few moments. sumers in Idaho, right now, are paying accept this reality. And, unfortunately, But I rise today in support of na- about 3.6 cents per kilowatt hour they tried to stand in the way of do- tional energy and a National Energy against a California market that has mestic oil production by locking up Policy Act of the kind that the Senator peaked at 30 cents per kilowatt. Some public lands. Now we are in a very good has introduced today and of which I am folks would say Idahoans are not pay- position with the current administra- a cosponsor. Clearly, this is the year ing enough. Let me tell you, Califor- tion to build a secure energy policy when I hope Americans will insist and nians are not paying what the market which is long lasting, environmentally that we will respond with the develop- would teach them to pay if their poli- friendly and will decrease our depend- ment of a comprehensive energy pol- cies were different. Then they would ence on foreign oil. icy. dramatically change the politics of I am hopeful that this is just the We began to look at this anew in their State because, once again, ANWR starting point. Some organizations will 1999. Back then, OPEC cut crude oil is a political issue and the energy crisis have concerns with this bill, and I have production to force up oil prices. We in California is a political issue—and a some as well. For instance, Rural Elec- then had the luxury of very inexpen- political crisis. tric Associations, commonly referred sive crude oil. It worked. As you know, Southern California Edison and Pa- to as Co-ops, have concerns that I we saw our Secretary of Energy rush- cific Gas and Electric Company are would like to see addressed, especially ing off to the Middle East to beg them struggling with a $10 billion unpaid bill since such a big portion of my home to turn their valves back on. While for power. They were simply not able state of Colorado is covered by Co-ops. they did a little bit, they were destined to go out and collect the money be- I am confident, however that we can all to move crude oil from $12 a barrel to, cause California law would not let come together, resolve our differences at one point, a high of $32 a barrel last them collect the money for the very and construct a national energy policy spring. energy they bought to supply Califor- that will ensure our future needs. Our motorists—all of us—were wor- nians. Californians have already con- The National Security Act of 2001 is ried about the increasing cost of gaso- sumed the electricity, but they have an important step forward to define line, and truckers were concerned not paid the full price for it. our national energy policy, provide re- about rising fuel oil costs. Also, resi- California, due to a shortage in the lief from our energy problems and pro- dential consumers in the Northeast State of power-generating facilities, mote domestic production so that our watched as their home heating oil bills has been forced to import electricity Nation can become more self sufficient skyrocketed last year and remained ex- from as far away as Texas. And up in for our energy needs. I urge my col- tremely high through this winter. my State of Idaho, we now produce leagues to come together to build our In the past dozen months, the situa- power for California. Power supplies in energy future. tion has worsened. Gasoline, fuel oil, the Northwest—my region of the coun- The PRESIDING OFFICER (Mr. NEL- and home heating oil have remained at try—have grown increasingly scarce. SON of Florida). The Senator from a high premium. Natural gas prices Competition for supplies and the fear Idaho is recognized. have tripled to $6 per million Btu’s that California utilities will be unable Mr. CRAIG. Thank you, Mr. Presi- from under $2 only a year ago. That is to pay their bills have forced up retail dent. a tremendous increase in price. Natural prices in Oregon, Washington, and my Before I speak to the two pieces of gas production has remained static, State of Idaho. legislation that Senator FRANK MUR- even though the number of drilling rigs When the previous administration ar- KOWSKI has introduced today, let me looking for gas has now tripled in the rived in 1993, it announced its intent to thank the chairman of the Energy and last year, as finally these unbelievable drastically alter the way the Nation Natural Resources Committee for the but very market-driven prices have re- used energy, especially fossil fuels—gas leadership that he is demonstrating sulted. and oil and coal. President Clinton ar- with the introduction of S. 388 and S. Further, natural gas in storage is gued that a broad-based Btu tax would 389. just about a billion cubic feet—about force us away from coal and oil and This country cries out for a clear, half of what is usually in storage for natural gas to renewable energy forms, well developed policy for both the pro- this time of year. In other words, in such as solar, wind, and biomass. That duction and the transmission and/or that arena we are only half prepared. objective has remained a hallmark of shipment of energy that we clearly We simply cannot build the balance of that administration’s energy policy. have found ourselves now lacking and the storage. Oh, yes, some of us have argued that in need of. Further, natural gas is clearly cost- the Clinton administration had no pol- Every American is finally beginning ing the residential consumer an astro- icy. Well, they came to town with one. to feel the pinch of energy; in this case, nomical price—but beyond where the And that one was rapidly rejected by February 26, 2001 CONGRESSIONAL RECORD — SENATE S1559 the American consumer when the We did that by 4.3 cents per gallon, a the number of drilling rigs looking for President said that the taxes he want- move I opposed and believed was wrong gas has tripled over the last year. Fur- ed to raise—nearly $72 billion out of at the time. It is wrong now. ther, natural gas in storage is just the consuming public over a 5-year pe- The past administration’s obsession above 1 billion cubic feet, about half of riod—would help the market and help to reduce fossil fuel use as much as what is usually in storage this time of the environment. What it ultimately possible has put us in the position we year. Residential gas customers in did—because it was rejected—was it find ourselves today. President Clinton some parts of the Nation have seen caused even greater dependence on for- said, on March 7, 2000, at the White their winter heating bills triple. eign oil and, of course, had phenomenal House: Wholesale electricity prices have impacts, as we now see, on the con- . . . Americans should not want them [oil risen significantly. In California, which suming public. In fact, it would have prices] to drop to $12 or $10 a barrel because is experimenting with a flawed elec- unfairly punished energy-intensive that . . . takes our minds off our business, tricity deregulation effort, electricity States and industries. which should be alternative fuels, energy prices have been as high as $300 per Estimates by the American Petro- conservation, reducing the impact of all this megawatt hour (MwH) on the spot mar- leum Institute and the National Asso- on global warming. ket. ciation of Manufacturers, at that time, Here are the facts: Since 1993, domes- That’s about 30 cents per kilowatt predicted that the Btu tax, which was tic oil production has dropped by 17 hour or about 5 times what investor the hallmark of the Clinton policy, percent. Domestic crude oil consump- owned utilities in California are al- would reduce the gross domestic prod- tion, though, has gone up by 14 percent. lowed to charge their customers. uct of this country by $38 billion and Dependence on foreign sources of crude Southern California Edison and Pa- that it would destroy nearly 700,000 oil has risen to 56 percent in total cific Gas and Electric Company are jobs. crude oil requirements. staggering under more than $10 billion Just in the last 2 quarters, this runup The PRESIDING OFFICER. The time in unpaid bills for power. in energy price—which would have allotted to the Senator has expired. California, due to a shortage of in- been equivalent to raising that kind of Mr. CRAIG. I ask unanimous consent state power generating facilities has a tax, only it is now greater—has cost to continue for no more than 10 min- been forced to import power from as far away as Texas and the Pacific North- the gross domestic product almost a utes. west. Power supplies in the Northwest half a percentage point. Studies now The PRESIDING OFFICER. Is there are scarce and competition for supplies show at least four-tenths of a percent objection? and fear that the California Utilities loss, or nearly half a percentage point, Mr. KYL. Mr. President, might I ask will be unable to pay their bills has and several hundreds of thousands of the Senator, did he ask for 1 minute or forced up retail electricity prices in Or- jobs. So those estimates way back in 10 minutes? egon, Washington and my home state 1994 were not very far off. Mr. CRAIG. I asked for 10. of Idaho. The administration claimed that the Mr. KYL. Mr. President, I will cer- When the previous administration ar- tax was needed to balance the budget tainly not object, although that will wipe out my opportunity to speak, as I rived in 1993 it announced its intent to and fund large new spending programs drastically alter the way the Nation to offset the negative impacts of the understand it. Mr. CRAIG. Reclaiming my time, let used energy, especially fossil fuels. tax. They also claimed that crude oil President Clinton argued that a me ask for no more than 3 minutes. imports would decline by 400,000 barrels broad based Btu tax would force us Would that accommodate the Senator a day. away from coal, oil and natural gas to from Arizona? At the same time, DOE’s own projec- renewable energy from solar, wind and Mr. KYL. I am sure it would. I know tions predicted the tax would shave oil biomass—that objective has remained a there are other Senators who are to import growth by less than one-tenth a hallmark of that administration’s ‘‘en- follow beginning at a particular time. percent after nearly 10 years under ergy policy.’’ that program. DOE predicted by the That would be very helpful. I certainly The President promised the tax year 2000 Americans still would depend don’t want to interrupt the Senator would raise nearly $72 billion over five on foreign oil for three-fifths of their from Idaho because I know he has very years (1994–1998) and marketed it as total crude oil requirements. important comments to make. fair, helpful to the environment, that DOE was not far off. With or without The PRESIDING OFFICER. Without it would force down our dependence on the tax, obviously with growth in the objection, it is so ordered. foreign oil, and would have trivial im- American economy and the tremendous Mr. CRAIG. As I said, I am pleased to pacts on consumers. wealth and advantages to the Amer- rise today to support introduction of In fact, it would have unfairly pun- ican consumer that the economy of the the National Energy Security Act of ished energy intensive states and in- last decade has produced, we have 2001. At the request of the Majority dustries. Estimates by the American grown dramatically more dependent Leader during the last Congress, Sen- Petroleum Institute and National As- upon foreign oil because we failed to ator MURKOWSKI and other Senators sociation of Manufacturers at the time produce our own. The American Petro- began the process of developing a solu- predicted the tax would hurt exports, leum Institute testified at that time tion to the energy ‘‘fix’’ in which we reduce GDP by $38 billion, and destroy that even if imports were to fall by the found ourselves in beginning in late as many as 700,000 American jobs. full 400,000 barrels a day claimed by the 1999. The administration claimed the tax administration, the cost of a $34 billion Back then, OPEC cut crude oil pro- was needed to balance the budget and in lost GDP is excessive relative to the duction to force up world oil prices. It fund large new spending programs to alternatives of improving energy secu- worked—oil prices rose quickly from offset the negative impacts of the tax. rity. The story went on and on, and no about $12 per barrel and hit a high of They also claimed that crude oil im- energy policy got developed. In fact, about $32 per barrel last spring. ports would decline by 400,000 barrels quite the opposite occurred. A more re- Our motorists were worried about the per day. strictive approach to the production of increasing cost of gasoline and truck- At the same time, DOE’s own projec- domestic energy began to fill in behind ers were concerned about rising fuel oil tions predicted the tax would shave oil the inability of our past President to prices. Also, residential customers in import growth by less than one-tenth force a huge tax increase on the Amer- the Northeast watched as their home after 10 years. DOE predicted that by ican consumer. heating oil bills skyrocketed. the year 2000, Americans still would de- In the end, Congress refused to ac- In the past dozen months the situa- pend on foreign oil for three-fifths of cept the Clinton administration’s ef- tion has worsened. Gasoline, fuel oil, their total crude oil requirements. forts to tax our relatively inexpensive and home heating oil prices remain API testified: ‘‘. . . even if imports energy sources to finance their gran- high. Natural gas prices have tripled to were to fall by the full 400,000 barrels a diose tax-and-spend social agenda that about $6.00 per million Btu’s (British day claimed by the administration, the Congress rejected. Congress did agree Thermal Units). Natural gas produc- cost of $34 billion in lost GDP is exces- to raise taxes on transportation fuels. tion has remained static even though sive relative to other alternatives for S1560 CONGRESSIONAL RECORD — SENATE February 26, 2001 improving energy security. Using the The past administration showed lit- clean, safe, reliable technology which administration’s optimistic pre- tle interest in solving our domestic en- provides baseload power at low cost. dictions, the cost of the Btu tax works ergy problems even as foreign oil pro- The increase in natural gas prices has out to about $230 per barrel.’’ ducers have forced crude oil prices to shown us the danger of relying on nat- In the end, Congress refused to ac- over $30 per barrel and gasoline prices ural gas for all of our new electricity cept the Clinton administration’s ef- to almost $2.00 per gallon—double generation. forts to tax our relatively inexpensive prices of only little more than a year Other countries have adopted the ad- energy sources to finance their gran- ago. vanced nuclear technologies developed diose tax and spend social agenda. Con- Mr. President, the past administra- in this country and are putting them to gress did agree to raise taxes on trans- tion has acted in other ways designed use. In fact there is much excitement portation fuels by 4.3 cents per gallon, to force us away from the use of read- in the energy industry over plans to a move Republicans tried to reverse ily available, relatively inexpensive build a new type of nuclear plant— during the 106th Congress. fossil fuels, nuclear energy and hydro- called ‘‘pebble bed reactor’’—in South The past administration’s obsession power. It chose especially to vilify and Africa. I believe at some point in the to reduce fossil fuel use as much as deny the use of our most abundant na- future we will once again appreciate possible has put us in the position we tional energy resource—coal. the value of non-emitting energy such find ourselves today. President Clinton The U.S. has the world’s largest dem- as nuclear, and choose to construct ad- said on March 7, 2000 at the White onstrated coal reserve base and ac- ditional nuclear generating facilities in House: counts for more than 90 percent of our the U.S. For this reason, I am working Americans should not want them [oil total fossil energy reserves. with my colleague, Senator DOMENICI, prices] to drop to $12 or $10 a barrel again be- At present rates of recovery and use, to develop other proposals regarding cause that . . . takes our mind off our busi- U.S. reserves will last more than 270 ness, which should be alternative fuels, en- the nuclear energy option and we hope ergy conservation, reducing the impact of all years. to have additional legislation soon for this on global warming. Coal is used to generate over 56 per- the Senate to consider. Since they came to office in 1993: Do- cent of our electricity supply—and The legislation also provides impor- mestic oil production is down 17 per- about 88 percent of the Midwest’s elec- tant tax incentives to encourage the cent; domestic crude oil consumption tricity needs. use of geothermal energy. I have per- is up 14 percent; and dependence on for- Electricity from hydro represents sonal experience with what a wonderful eign sources of crude oil has risen to 56 about 10 to 12 percent of our electricity role geothermal can play in our energy percent of total crude requirements. needs. mix because the Idaho Statehouse in By comparison, in 1973, during the Nuclear powerplants meet about 20 Boise and other buildings in the down- Arab oil embargo, our dependence on percent of our total electricity de- town area are heated with geothermal foreign crude was 36 percent of our mand. Yet the past administration had energy. total crude oil requirements. a dim view of these sources and took In the right applications, geothermal The past administration’s failure to steps to reduce their use. is a clean, efficient energy source encourage domestic oil production and For example, former Interior Sec- available for our use and because there production of coal and natural gas has retary Bruce Babbitt talked openly are no ongoing fuel costs and relatively lead us to this point. That administra- about ‘‘tearing down dams’’ in the inexpensive maintenance costs, after tion refused to acknowledge that vast West to restore habitat for fish, ignor- the initial capital investment, it is a reserves of oil and gas offshore, in ing the power and transportation bene- very low cost energy option. Alaska and in the Rocky Mountain fits they provide. And, the past admin- Finally, Mr. President, I want to ad- overthrust area should play a role in istration imposed new, often impos- dress the matter of power from hydro- reducing our dependence on imported sible criteria that must be met before electric facilities, upon which the Pa- oil. federal licenses can be reissued. Many cific Northwest is highly dependent. The Clinton administration in 2000 existing hydro projects will seek reli- The relicensing process for hydro- announced a ban on future exploration censing over the next several decades. electric facilities is becoming increas- on most of the federal outer conti- The past administration also vetoed ingly costly and time-consuming. It nental shelf until 2012. legislation designed to create a perma- now takes more than five years to reli- In 1996 the Administration resorted nent nuclear waste storage facility and cense a facility—up from only 9 months used the Antiquities Act to create the which fulfills a longstanding promise in 1980 according to the Federal Energy Grant Staircase/Escalante Monument by the federal government to create Regulatory Commission. thereby dening access to about 23 bil- such a facility. Without a federal stor- Hydropower currently accounts for lion tons of mineable coal reserves in age facility, U.S. nuclear generating about 12 percent of the electricity gen- Utah. stations, which are running out of on- erated in the United States and it pro- The U.S. Forest Service has issued site storage capacity may be forced to duces that power without air pollution road construction policies that are de- begin shutting down some operations. or the greenhouse gas emissions. signed to restrict the energy industry’s There are too many more examples of Under current law, several federal ability to explore for oil and gas on the past administration’s failure to agencies are required to set conditions Forest Service lands. produce a coherent, balanced national for licenses without regard to the ef- Former President Clinton vetoed leg- energy plan. The result of this failure fects those conditions have on project islation in 1995 that would have opened is tight energy supplies and high economics, energy benefits, impacts on the Coastal Plain of the remote Alaska prices. greenhouse gas emissions and values National Wildlife Reserve denying the Solving these problems requires protected by other statutes and regula- nation access to an estimated 16 billion tough choices and I suggest that we tions. Far too often the relicensing barrels of domestic crude oil—which begin now by pursuing a number of process is plagued with agency dis- could amount to production of 1.5 mil- short and long term objectives. I think agreements and inconsistent demands. lion barrels per day over the next 20 the bill we are introducing today ad- A very large number of public and years—about 10 percent of daily U.S. dresses these challenges. privately owned hydro facilities will be consumption. Mr. President, I want to touch briefly up for relicensing over the next ten The Clinton administration ignored a on two aspects that are of great con- years. Some may be abandoned if the report prepared by the National Petro- cern to me and my fellow Idahoans. relicensing process becomes prohibi- leum Council, requested by the Energy Chairman MURKOWSKI has already gone tively expensive and time-consuming. Secretary, explaining how the nation through it in some detail. The legislation being introduced today can increase production and use of do- The bill contains provisions of great will help streamline the process and mestic natural gas resources from importance to the future of nuclear en- make the involved agencies more fully about 22 trillion cubic feet per year to ergy, which currently accounts for accountable for their decisions. more than 30 trillion cubic feet per about twenty percent of U.S. elec- The legislation does not change or year over the next 10 to 12 years. tricity demand. Nuclear energy is a modify any existing environmental February 26, 2001 CONGRESSIONAL RECORD — SENATE S1561 laws, nor does it remove regulatory au- In my State of Idaho, we are depend- be looking forward to joining them in thority from various agencies. It does ent on hydropower. There are many, that effort. not call for the repeal of mandatory including the past administration and The PRESIDING OFFICER. The Sen- conditions on a FERC issued license. many of their devotees, who would sug- ator from New Mexico is recognized. It is clear to me and many of my col- gest the dams on those rivers that f leagues that hydropower is at risk and produce that clean source of energy, ENERGY POLICY one of our most important tasks here nonpolluting, nongreenhouse gas-emit- in the Senate is to develop policies ting, that those dams ought to be Mr. BINGAMAN. Mr. President, I rise that lead to an energy strategy that breached. They insist that if the dams to speak about the subject of energy, will ensure an adequate supply of rea- are not removed then they ought to be the energy prospects we face as a na- sonably priced, reliable energy to all regulated in a much more stringent tion, and the need to develop new en- Americans in an environmentally re- way. In fact, the licensing process the ergy policies here in this Congress. The sponsible manner. The relicensing of Federal Energy Regulatory Commis- United States is currently experiencing non-federal hydropower can and should sion has as a part of its responsibility unusually high and volatile energy continue to be an important strategy. to renew these hydro facilities is one prices. We have seen that in my State In addition, we should work with our that I am working on. And within this of New Mexico, and I assume we have seen that in the State of Florida, where Western Hemisphere neighbors to help legislation is a reform of the licensing the Presiding Officer lives. them increase their crude oil and nat- process, not to change it and take During most of the 1990s, in spite of ural gas production. stakeholders or interested parties away robust economic growth and increased We should provide relief to con- from it, but to ask them to perform sumers by eliminating the 4.3 cents a demand for energy, increased produc- their responsibilities in a timely fash- tivity, and reduction in energy use per gallon tax on motor gasoline enacted ion and in a responsible fashion. dollar of gross domestic product, along in 1993. Why should it take 10 years to reli- with the introduction of market com- We need to step away from punitive, cense a hydro facility and cost millions command and control environmental petition, all of those factors acted to upon millions of dollars that ulti- hold down prices, but now we have fi- regulations and move toward perform- mately the consumer has to pay? If it nally exhausted the buffer of excess ca- ance based regulatory concepts that needs retrofitting, if it needs improve- pacity that kept the system func- offer the regulated community oppor- ment of technology for environmental tioning with low prices and relatively tunities to find flexible approaches to reasons, those are conclusions that can minor bumps along the way. So that reducing emissions of legally regulated be drawn in a reasonably quick way, excess capacity is gone, and there are a contaminants. and managed responsibly, so that we number of factors and circumstances We must carefully assess the capa- can balance out our energy needs. that have contributed to the current bilities of our energy production and The legislation the Senate now has situation we face—the situation of in- delivery systems to find opportunities before us will be coupled with the work adequate supply, too much demand. to improve system productivity, effi- the Bush administration is doing now Remedies are not as apparent as ciency and reliability. through their Cabinet level working some would argue. The Republican en- We must ensure that sufficient funds group. This administration wants an ergy package, which was introduced are available to help those with lower energy policy, too, and it is their goal today by my colleague, Senator MUR- incomes to weatherize their homes and to produce one for the American peo- KOWSKI, contains a number of provi- pay their energy bills. ple. sions that I and many Democrats, I am While renewable energy sources pro- Our economy depends on an abundant sure, would be glad to support. In fact, vide only about 3 percent of total U.S. supply of environmentally sound, rel- many of those proposals are similar to, demand for energy, we should continue atively low-cost energy. It is the if not the same as, provisions origi- to provide incentives for our citizens to wealth of our country. It is what drives nally introduced by Democrats in the use wind, solar, and other renewables. this marvelous economic engine of last Congress. Much of what has been We should encourage motor vehicle ours. And it does something very sim- introduced today involves proposals to manufacturers to ensure that con- ple—it puts money in the pocketbook change the tax laws; and in some cases sumers have access to safe and highly of the worker. It turns the lights on in those proposals are meritorious; in efficient cars and trucks. his or her home. It helps educate our other cases, they are not an adequate We must realize that we are part of children. It does all of the wonderful substitute for changes in actual energy the problem. Our unwillingness to de- things we in America have grown to ex- policy. velop our own abundant oil, gas and pect. Just last week, President Bush made coal resources dooms us to greater de- Why should we suggest that we ought a very strong statement about tax pol- pendence on foreign sources, especially to have anything less if we can do it icy and his determination not to mod- for crude oil. We must make the con- with the environment in mind and at a ify his income tax proposals with other scious choice to carefully find and de- relatively low cost. That can be accom- unrelated tax measures. This bill that velop our resources while protecting plished in a policy in which the Federal was introduced today, with over 180 our environment. Government promotes the concept of pages of tax proposals, seems to reflect I conclude by drawing attention to a energy production instead of setting up some disconnect between the adminis- portion of this bill that is increasingly one trip wire after another to disallow tration’s views on the subject of tax valuable; that is the area of new tech- it from happening. provisions directed or targeted at this nology. Some who will argue against I look forward to the coming debate. particular industry and the views of this bill would suggest that it is mere- I think it is critical that all of us get some of my colleagues on the Repub- ly a reason to fall back to our habits of ourselves involved and educated in the lican side in the Senate. old. That is not true. We want to and issues at hand. I had hoped, and still hope, we can will continue to fund the new tech- These two pieces of legislation go a proceed on a bipartisan and collabo- nology, much of it started in the dec- long way toward allowing that to hap- rative basis to develop solutions to ade of the 1990s. It is clearly important. pen. these critical problems. I strongly be- We are not always going to have hydro- The PRESIDING OFFICER. The Sen- lieve that a package with equal empha- carbons around, and we should not be ator from Arizona is recognized. sis on both supply and demand meas- that dependent upon them. But in the Mr. KYL. Mr. President, I com- ures, developed with bipartisan sup- short term, in the next several decades, pliment the Senator from Idaho on the port, is the only way we can pass re- as we are using our resources and fuel- points he was making. I look forward sponsible energy legislation in this ing our economy, we need to look at to joining him in tackling this very dif- Congress. I hope we can proceed with nuclear technology and new clean coal ficult problem of making some sense the input of this new administration technology so we can use the abun- out of our national energy policy. Sen- and with the input from the States and dance of these resources and in an envi- ator CRAIG has the expertise to lead us, various stakeholders to develop such ronmentally sound way. along with Senator MURKOWSKI. I will consensus legislation. S1562 CONGRESSIONAL RECORD — SENATE February 26, 2001 It is important to step back and look On the subject of supply diversity sumption is in the transportation sec- at the current context. The restruc- and efficiency, the counter to major tor. That is the top line. That is be- tured electricity and natural gas mar- new infrastructure projects is to em- cause of the inefficiency of the vehicles kets of today pose very different public phasize increasing energy efficiency we are driving more and more each policy challenges from the old regu- and development of smaller distributed year in this country. There can be no latory models. Ever-increasing con- generation. We need to enact national serious discussion about reducing our sumer demand for transportation fuels, standards and policies for interconnec- dependence on foreign oil without a compounded by the recession in Asia tion of distributed generation tech- discussion of what can be done to re- and subsequent determination by nologies to ensure diversity of fuels verse these trends. I hope that is part OPEC to actively intervene in the mar- and technologies for the future. Com- of the debate we have over the next few ket, has increased the volatility and mercial investment in new tech- months in this Chamber about our en- high prices of oil and natural gas. nologies and nonconventional fuels will ergy policy. As the economic growth of recent require some degree of additional in- On the subject of supply, I do agree years has used up the excess capacity centives. I introduced legislation in the with my Republican colleagues on the in the fuels, power, and natural gas last Congress to address these issues, need to increase the supply of petro- sectors, the frictions and imperfections and I am pleased to see similar provi- leum products. The U.S. has domestic in those markets have become very ap- sions included in this Republican legis- natural gas and oil resources that can parent. lation today. be developed in an efficient and envi- The old model of split responsibility Increasing the efficient use of energy ronmentally sensitive manner. In fact, between States and the Federal Gov- is the single most effective and least- under the previous administration, oil ernment is no longer adequate. We cost policy for both the short term and and natural gas production on Federal need new mechanisms and policies to the long term. Investments in more en- lands and in the Outer Continental address regional needs and cir- ergy-efficient lighting, more energy-ef- Shelf increased substantially. Let me cumstances. We need a new model for repeat that, Mr. President, because ficient appliances, and more energy-ef- ensuring short-term and long-term en- most people are not aware of that. In ficient buildings generate benefits in ergy demand and supply needs and the previous administration, oil and terms of energy savings, emission re- managing weather-related and supply natural gas production on Federal ductions, and human health improve- emergencies. lands and on the Outer Continental ments. Improvements to installation There are several regional energy Shelf increased substantially. Produc- practices for heating and cooling sys- boards and various planning commis- tion on State and private lands did not tems, including duct work, could take sions that could be reviewed as models keep pace with production on Federal considerable pressure off the power for new legislation in this area. In con- lands. sultation with the States, we need to grid and off natural gas supplies in the Policies should first emphasize maxi- determine how to ensure regional enti- coming months. Expediting the re- mizing the recovery of resources cur- ties have adequate authority to do placement of older appliances with rently open to development. The North what is needed in those regions. We newer high-efficiency models would not Slope of Alaska in the vicinity of should evaluate whether an additional only reduce energy consumption, it Prudhoe Bay is estimated to contain at grant of authority from the Federal would create new manufacturing jobs. least 32 and maybe as much as 38 tril- Government or a specific authorization Projections of capacity constraints lion cubic feet of natural gas that is of responsibility should be written into and high electricity prices in the New ready for development. Until now, pro- Federal statute. York urban area could be mitigated ducing and transporting the gas from I will speak for a moment about in- with a concerted effort to upgrade the North Slope has not been economi- frastructure needs. Electric trans- lighting, heating, and cooling systems cal. Producers are currently con- mission lines, natural gas and oil pipe- in commercial buildings even before ducting a feasibility study for a pipelines, powerplants, and refineries have this summer is upon us. These im- line to bring the gas to market in Can- all become increasingly difficult to provements would immediately reduce ada and also in the lower 48. The U.S. site. The No. 1 problem is not environ- pressure on the grid and save busi- Geological Survey has estimated that mental permitting, as some persist- nesses money in the process. with additional exploration in the area, ently argue in public debate today. As The National Conference of Mayors, the potential resources could be double our society has become increasingly at its recent meeting here in Wash- the current estimate which I have urbanized and congested, local commu- ington, called for an increase of 10 per- given of 32 to 38 trillion cubic feet. nities have become increasingly active cent in the efficient use of energy. Such a project will involve a number in opposing the siting of new infra- Over the past decade or so, sales of of Federal and State agencies, Native structure, and tax incentives do not ad- sport utility vehicles and light trucks groups, the Government of Canada, and dress this major hurdle. grew to become fully half the passenger many private stakeholders in ensuring Certainly the environmental rules vehicles sold in this country. Mean- the efficient processing of all permit- governing the permitting process could while, a moratorium on even studying ting and certifications necessary to be be streamlined to expedite processing increasing fuel efficiency was imposed a top priority of this Congress. I have and facilitate investments in new tech- by the Republican-controlled Congress committed to Senator MURKOWSKI to nologies not in the marketplace when in the last 2 years. I do not think we work with him to facilitate any legis- the existing rules were written. We can even talk about a comprehensive lative actions that are appropriate to should consider the possibility of siting energy policy without concrete policies accomplish this. new infrastructure on existing rights- to reduce oil demand. We cannot just Another producing area with great of-way or at Federal facilities or on produce our way to independence from potential is the deep water Gulf of brownfields. foreign oil supplies. Mexico. The gulf has had an explosion We also need to evaluate whether in- I call my colleagues’ attention to of development in recent years, in part centives or different policies at the this chart. The chart is entitled: ‘‘Pe- due to royalty incentives to offset the State or Federal level are necessary to troleum Use Increases Mainly in the higher costs of developing a frontier ensure adequate investment in new ca- Transportation Sector.’’ area. pacity. Overemphasis on short-term This is for the period 1970 to the year The Minerals Management Service is and spot contracts compounded by on- 2020, and it shows a history and then a scheduled to hold a lease sale later this going uncertainty with respect to the projection for consumption in the year for an area in the eastern plan- future regulatory environment have transportation sector, consumption in ning area of the gulf. This chart shows had a stifling effect upon investment. the industrial sector, consumption in what I am talking about. The green We need to develop a consensus on poli- the residential-commercial sector, and area is the sale 1881. The lease sale cies that provide greater certainty and finally consumption in the electricity would cover a narrow strip of Federal a mechanism to address the public’s generation activity. waters directly south of the Alabama growing resistance to siting new facili- The obvious conclusion one draws coastline which expands into a broader ties. from this chart is that the growth con- area 100 miles out in the gulf. February 26, 2001 CONGRESSIONAL RECORD — SENATE S1563 The MMS, the Minerals Management I am concerned that the President Our majority leader, earlier this Service, estimates 240 million barrels maintain a serious commitment to afternoon, indicated we would not be of oil and 1.8 trillion cubic feet of nat- funding critical energy research and addressing energy policy on the Senate ural gas will be developed from this development. We have shortchanged floor until sometime this summer, area. Those figures could go as high as ourselves in the past by cutting invest- June or July I believe was his esti- 370 million barrels of oil and 3.2 trillion ment in R&D to meet other budget ob- mate. That may be an appropriate time cubic feet of natural gas. jectives. We should not make that to address long-term energy policy be- Unfortunately, the Governor of Flor- same mistake again this year. cause it will take several months to de- ida, Jeb Bush, the President’s brother, On tax policy, the Finance Com- velop a good piece of legislation which has written to the Department of the mittee will soon begin hearings on the we can support on a bipartisan basis. Interior urging cancellation of this President’s budget and tax proposals. But that is too long to wait for atten- lease sale and any future lease sales in These hearings will give the Senate an tion to these immediate needs, the this entire eastern planning region. I opportunity to evaluate a range of tax need to adequately fund the LIHEAP certainly understand that Floridians incentives to enhance investment and program and the weatherization pro- may have concerns about the develop- distribute a generation from combined grams. ment close to their beaches, but most heat and power systems and fuel cells We are not at a crossroads where one of this area is more than 100 miles from to renewable technologies and energy- path or the other needs to be taken in the State and in Federal waters. efficient property used in business. our national energy policy. The supply When the Minerals Management Many of these proposals are included in side only path that some have advo- Service prepared the leasing plan for the bill that was introduced today by cated would be both futile and destruc- this 5-year-period, they had extensive URKOWSKI. They have been Senator M tive. The path of maximum efficiency— public meetings and consultations with included in legislation I have intro- renewable and emission-free energy—is States. The State of Florida supported duced and cosponsored in the past. a very long road with many milestones proceeding with this sale. This is not a We need to carefully analyze the need wildlife refuge. It is a huge expanse of for policy measures versus changes in along the way. It would be foolhardy to Federal water where industry has de- tax policies as we go through this de- put all of our confidence in that path, veloped oil and gas for years and has bate over the next few months. The as well. developed it in a safe and environ- omnibus Republican energy bill is very We need a commitment to parallel mentally sound manner. This is a sale generous in its modification of the Tax paths, with a focus on maintaining the which we should go forward with in Code as a solution to many shortfalls, core values of equity and affordability order to meet the needs the country perceived and otherwise, in our energy and environmental integrity. I believe will have for additional supply in the policy. For example, at a time when oil we can do that if we get on with the future. and gas prices are at such high levels, consideration of the legislation I intro- A serious, long-term commitment to with the major oil companies reporting duced the week before we had our re- research and development of the next record earnings, I believe it is valid to cess to address our immediate needs for generation of powerplants is essential. say that the industry does not need ad- adequate funding of the programs that Such a program should include all fea- ditional tax incentives in order to go assist families to deal with the high sible fuels and technologies, with an forward and explore and produce petro- cost of energy they are facing this win- emphasis on a fleet of technologies to leum products. What we do need are ter. And then we need this bipartisan ensure fuel diversity while meeting en- well-thought-out, countercyclical effort to develop some long-term poli- ergy supply and emission reduction measures that give producers incen- cies. targets. Development and deployment tives to maintain investment in domes- I am confident with good will on both of more efficient generating and end- tic exploration and drilling during a sides of the political aisle we can come use technologies are critical. time of extremely low prices as we had up with a bipartisan piece of legisla- Commitment to a coordinated re- a year or two ago. tion that will move our country for- search, development, and deployment Top priority should be given to poli- ward and help us deal with these very program to ensure the safe and reliable cies that correct market failures and real problems. I commend all of my operation of pipelines and transmission meet major policy goals of increasing colleagues for their interest in these lines is also essential to restore public efficiency and diversifying tech- energy issues. I hope we can work to- confidence in the safety of these sys- nologies. gether constructively to address them tems. The Pipeline Safety Act, S. 235, We need to develop long-term poli- in the months ahead. which passed the Senate by a vote of cies, and I have been speaking about I yield the floor and suggest the ab- 98–0 earlier this month, contains the some of those long-term policies. In sence of a quorum. framework for such a program for nat- the interim, individuals and families The PRESIDING OFFICER (Mr. ural gas and oil pipelines. A parallel and small businesses are suffering VOINOVICH). The clerk will call the roll. program exists within the Department today from energy bills that they can- The legislative clerk proceeded to of Energy for the electric transmission not pay. President Bush, during his call the roll. system, and I hope we will see a serious campaign, made clear his support for Mr. BURNS. Mr. President, I ask commitment to these programs in the ensuring adequate funds for the unanimous consent that the order for budget that the President sends to LIHEAP program—that is Low Income the quorum call be dispensed with. Congress in the next week or so. Home Energy Assistance Program—and The PRESIDING OFFICER. Without The oil and gas industry has made for the low-income efficiency pro- objection, it is so ordered. great strides in increasing productivity grams. Mr. BURNS. Mr. President, we have and bringing down exploration and pro- In addition to the stress on families been talking about energy today. I rise duction costs. Development of 3D and and individuals, higher energy prices now to talk about this Nation’s strug- 4D seismic analysis techniques, hori- are having an impact on our economy gle to deal with a threatening energy zontal drilling, and deep water produc- as well. Every dollar spent on these situation that is affecting our econ- tion systems are some examples that programs will be immediately and omy. have enabled the industry to continue completely reinjected into the econ- I don’t think there is any other issue producing more oil and gas from the omy, unlike tax cuts that will not have that will come before Congress that mature fields on shore and to set world an impact for months into the future. I will have more to do with our daily records in deep water development in urge the President to send those in lives than this one. the Gulf of Mexico. A robust R&D pro- Congress a request for a supplemental For those of you who do not believe gram to maximize recovery, to address appropriation with his budget for next we are in a situation that makes us all problems of operations in ultra deep year, a supplemental appropriation so very uncomfortable, I ask you to waters, and to evaluate the potential of we can adequately fund the LIHEAP rethink that. The prevailing mind-set methane hydrates will be critical to fu- program and adequately fund the must change in order to solve this ture development of affordable natural weatherization programs that are so problem that has reached a crisis pro- gas supplies. important for many in our country. portion. S1564 CONGRESSIONAL RECORD — SENATE February 26, 2001 Don’t let anybody tell you dif- pretty well thought out and is sup- Commonsense tells us that our regu- ferently. We are in the midst of one of posed to stabilize energy prices as we lation policies should allow the supply the worst energy shortages this Nation see them today. to meet the demand. has ever experienced. The oil shortage That is why I am adding my name as We can and must identify and reform will pale to the one of the 1970s because a cosponsor to that bill. But as with or, in some cases, remove some of the it entails all forms of energy. I remem- any bill, there are portions I would like regulatory burdens. We now have a ber the long gas lines and forced reduc- to work on with Senator MURKOWSKI, mandate to assess and improve agency tions in heating energy that we faced the administration, and the Energy performance, which could lead to more in the 1970s. I also remember the finan- Committee when we begin the debate. timely processing of permits and appli- cial pain that it placed on all Ameri- But I am generally comfortable that cations to produce power. cans—especially Montanans. We come the legislation is a positive move in Public lands in the West, what role from a large State. We are very mobile. the right direction for our country and do they play? Or should they play a In fact, if you look at the size of Mon- American consumers. role? They do have a role to play. They tana from the northwest corner to the The bill aims to protect the energy may hold the key to the dependency of southeast corner, it is farther than the security of the United States and de- foreign sources of oil and natural gas. distance from Chicago to Washington, crease America’s dependency on for- We can and must improve the usage DC. eign oil sources to less than 50 percent and management of our public lands, All of us were hurt during those days. by the year 2010 by enhancing the use which means better coordination with Families of farmers and ranchers, over- of renewable energy sources, con- local citizens affected by agency ac- the-road truck drivers, manufacturing serving energy resources, improving tion. And there needs to be consistency companies, loggers, and the mining in- energy efficiencies, and increasing do- within the agencies so that investors dustry were jolted by that energy mestic energy supplies. As written, it have some kind of idea about when shortage—jolted to the point where will improve environmental quality by they may see a return on their invest- some did not recover at all. reducing emissions of air pollutants, ment. When coupled with high interest greenhouse gases, and it will, in effect, We have seen that oil and gas explo- rates at that time and runaway infla- stunt the increased costs of energy to ration increased with the previous ad- tion, it was truly a double whammy. I the American consumer. ministration. That is true. It is a true statement. It is also true that more do not want to see that happen again. But let’s take a closer and intensive lands were withdrawn from exploration But little did I know, although I should look at what I perceive are the reasons than in any other administration. Ex- have, that our memories are very short we are in this energy situation today. ploration might have increased but, I on our understanding of energy and the Electricity prices are skyrocketing. We role it plays in our everyday lives. We would ask, did production? are seeing high gasoline prices, oil Finally, we must reduce the time and took it for granted too long, even prices, natural gas prices, and heating though the signs of the impending dan- cost for approving exploration and oil prices as well. In fact, the price per management of development projects. gers were there. It is still talked about barrel of oil has gone from $15.99 in 1992 in the Halls here, but the message fell Our Federal agencies need to help ease to well over $30 this year. Natural gas the pain of regulatory burdens that on ears that did not want to listen. prices have gone from $1.74 per thou- In Montana, we have already seen the have been placed on America’s energy sand cubic feet at the wellhead to near- impact. Columbia Falls Aluminum consumers. ly $5 per thousand cubic feet today. Company, one of the largest users of Next, we need to be able to access Electricity prices in the Northwest electrical power, closed its doors for a those vast resources on our public have gone from roughly $20 per mega- year. Montana Resources in Butte, MT, lands. The Federal Government cur- watt hour in 1992 to nearly $250 per closed its doors, and we don’t know rently manages—now listen to this fig- megawatt hour right now. I don’t have when that will ever be open. Many oth- ure—650 million acres of land. More a high enough math degree to figure ers will have to do the same if price than 90 percent of this land is west of how much of an increase that really is. signals on the cost of commodities or the Mississippi River. In fact, 52 per- Gasoline prices were around 93 cents the cost of power does not change. I am cent of the land in the West is managed per gallon in 1992 and now sit at nearly told that farmers placing orders for by Federal and State Governments. In a $1.40 or $1.50 per gallon today. And their spring fertilizer needs are Montana, nearly 50 percent of our land these prices are before taxes are added. stunned when they hear the price. Any is owned by the Federal Government. So prices have gone up across the board increase in the cost of production Folks, 95 percent of the undiscovered for all forms of energy. would be devastating to grain growers oil and 40 percent of the undiscovered in Montana. The policies of the past 8 years, or as gas is estimated to be located under As you know, natural gas is used in some would say the lack of a clear na- these public lands. It is obvious to me the production of nitrogen for urea and tional energy policy, has contributed that herein lies a part of our solution fertilizer that is used across the coun- to this predicament we find ourselves to energy dependence on foreign try. in today. sources. We have the ways and means Facing this problem is something In the Northwest, we have seen a 24 to manage our natural resources on within itself. We are in the midst of a percent increase in electricity con- public lands so that the environment is crisis. We must use caution. We cannot sumption since 1992, while generation treated like we would treat our own succumb to the knee-jerk reactions has only increased 4 percent. If you add homes. that are of a temporary nature. Usu- the California situation into the mix, I am confident that the new adminis- ally, that leads to a long-term night- the discrepancy grows even larger. Fur- tration, working with Energy Com- mare. ther, the Electric Power Research In- mittee Chairman FRANK MURKOWSKI While I know the challenge that faces stitute recently found that there is and the rest of the Congress, will de- us, I plan to approach it with a great going to be a 20 to 25 percent growth in velop a comprehensive plan that will deal of caution. electricity demand in the next 10 years, take the step to solve the problems First off, there are some folks who but, again, only a 4 percent increase in that we are facing. As I stated before, are promulgating the idea that we im- generation and also the transmission we must looks at our regulations and pose Federal price caps on electricity. lines to carry that electricity, that regulatory burdens. We must be able to That will not work in the North- power. The stats speak for themselves. site generation facilities in a timely western United States at this time. If we do not see more generation and manner. We, as policymakers and act- Price caps discourage investment, gen- the ability to transmit it—if those do ing in the best interests of all Ameri- eration and transmission at a time not come on-line—high energy prices cans, should be able to site trans- when we need all three. are here to stay. We must lose the mission lines in a timely manner. The National Energy Security Act of mentality that electricity comes from Finally, we must remove the barriers 2001 introduced by Senator MURKOWSKI a switch like the mentality that milk that stifle incentives for investment in today is a piece of legislation that is comes from a jug. our power markets, while at the same February 26, 2001 CONGRESSIONAL RECORD — SENATE S1565 time providing incentives to do the experience, racing smarts, and he had A lot of these things don’t charac- same. We have worked ourselves out of an intangible will—the will to win. He terize typical sports events. These are crisis situations in the past. American won seven NASCAR championships, good people. They are not prima don- ingenuity and imagination will again, tied only by Richard Petty. He had a nas like some other sports figures. in a free market, take its role and pro- lot of other racing victories as well. They provide interviews and give auto- vide us again with affordable energy, One of the racing series is called IROC, graphs and do appearances. They ap- but it must be allowed to do so. It must International Race of Champions, peal to young people. They are really be allowed in our shared American val- where everybody is given an identical normal people doing very extraor- ues. car and it is up to the drivers to show dinary things. Fans can relate to them. f who is the best using identically pre- They look at them not as role models pared cars. Earnhardt frequently won but as people who, in a sense, are like REMEMBERING DALE EARNHARDT because of his skill. them. Many came up the hard way, as Mr. KYL. Mr. President, I rise to It may simply be a sport, but we can Earnhardt did. He didn’t even graduate speak today about Dale Earnhardt. all appreciate excellence. Whether in from high school. His father was a During this past week, millions of rac- art, music, business, or sport, it is a great driver in his own right. Now Dale ing fans all around the country have joy to watch the very best perform. Earnhardt’s son, Dale Jr., will have to been mourning the death of this stock That is one of the reasons Dale do the same. car great. He was killed on the last Earnhardt will be so sorely missed. His In the end, Dale Earnhardt is turn of the last lap of the prestigious peers will miss him as well as his fans. mourned because his life is an example Why was he so tough? It had to do Daytona 500 just a week ago Sunday. of the American dream. He came from with respect. One of the highest accom- I rise today not only to eulogize Dale very humble beginnings—in his case, plishments for a race car driver was to Earnhardt but to try to explain to from the small town of Kannapolis, NC have the respect of Dale Earnhardt. In those who are not racing fans why his —worked hard, and ended up a success. NASCAR racing, you knew you had life and death means so much to those Dale Earnhardt is mourned because he of us who are. I believe there are some made it when Dale Earnhardt said so. Some wonder how well NASCAR will embodied the qualities not only per- lessons of life here that have relevance sonifying NASCAR but, in a sense, life to all of us and, indeed, to the health of fare with the death of its greatest driver. But Dale Earnhardt would scoff at in general, and humility, loyalty, car- our country. ing, hard work, pride in one’s work, Why is Dale Earnhardt’s death an oc- that thought. It was always his dream to drive a NASCAR. NASCAR was a and the competitive spirit. Most of all, casion for such reflection? The first he was a lover of family and friends. reason has to do with the man himself. great sports organization before he got there, and it will continue to grow. It Today, I join the millions of Ameri- I did not know him well. His closest cans who are praying for Dale’s wife friends talked not just about Dale is the Nation’s fastest-growing sport. Just as Richard Petty’s 200 wins and 7 Theresa, his children, and all of the Earnhardt the race car driver but championships earned him the moniker good people who are fans of NASCAR. about Dale Earnhardt the man, a fam- ‘‘The King,’’ NASCAR will add Dale Mr. EDWARDS. Mr. President, I rise ily man, a man who was intensely loyal Earnhardt to its great history and tra- today to note with sadness the tragic to his friends, a man who went out of dition, and it will continue. death of Dale Earnhardt. his way to do thoughtful favors, who Back to the original question: Why For the past week, the Nation has took great care of his employees, and do so many millions of Americans mourned the loss of a racing legend. who helped younger drivers. mourn his death? I think it has to do But in my home State of North Caro- Ironically, he died at almost the pre- with the very nature of NASCAR itself. lina, his death has a special signifi- cise moment that Michael Waltrip It is a family affair, and all NASCAR cance because we have lost a cherished took the checkered flag at the Daytona fans consider themselves part of that native son. 500 race. It was Waltrip’s first victory family. You start with NASCAR itself, Dale Earnhardt was a hero to count- ever in a very long racing career, well the National Association of Stock Car less NASCAR fans in North Carolina over 400 starts. Dale Earnhardt be- Racing, which was started by Bill and across our country. lieved in Michael Waltrip. He believed France, from Daytona Beach, FL. His His success on the track helped ele- he could win if he had the right equip- family took it over. His son Bill vate stock-car racing from a regional ment. So he hired him; he provided him France, Jr., has been the head of pastime to a national sport. a car that could win, and Michael NASCAR during its great growth pe- Racing brought Dale fame and Waltrip did the rest. riod. wealth, but he never forgot his roots in In private, Earnhardt always seemed I pray for Bill France, Jr.’s health. Kannapolis, North Carolina or the to me to be quiet; in fact, even shy. He has, in effect, turned most of the hometown fans who backed him from But on the track he was anything but business over to other members of his the beginning. shy. He was known as ‘‘the Intimi- family now and also to the CEO of He never let them down. They always dator.’’ That is precisely because of the NASCAR, Mike Helton. The crews, the knew they could count on Dale to give way he raced. He was tough. It seemed owners, the sponsors, the drivers, the it his all every time. he would always find a way to win, owners of the tracks, and the media Dale Earnhardt was a champion from even if his car was not as good that day that cover the sport are all a very the start, winning NASCAR rookie-of- as some of the others. close-knit unit. They race hard against the-year honors back in 1975. Sometimes, especially earlier in his each other, but they will always come In 26 years of racing, Dale won 7 Win- career, he was perhaps too aggressive. to each other’s aid in times of dif- ston Cup Series titles, 76 races in all, But he didn’t see racing as a sport for ficulty. including the 1998 Daytona 500, and be- the weak. Indeed, I don’t think there is Not only is there a strong sense of came the leading all-time money win- anything wrong with having a very values within the people who partici- ner in racing history. strong desire to be the very best you pate in the sport, but also strong val- His fans and his fellow racers called can be. That seemed to be Dale ues within the family, starting with a him ‘‘The Intimidator’’—not just be- Earnhardt’s motivation in life. As rac- firm belief in God. When the race is cause he won so many races—but being fans, as sports fans of any kind, we over, ordinarily when the driver ma- cause he was a fierce competitor. all have our favorites, but no real neuvers himself out of the car and Dale Earnhardt was more than a NASCAR fan would deny that he was claims victory, first of all he will great race car driver. He was also a the greatest driver of his time. thank God for a safe race and for the great American success story, rising It takes away nothing from the other talent, he will thank his crew for pre- from poverty and a ninth-grade edu- great drivers to acknowledge that Dale paring the car, and he will thank a lot cation to become a racing legend and Earnhardt was the best. He had enor- of other people for enabling him to win. extraordinarily successful business- mous natural talent and courage. It At the races, each Sunday morning be- man. takes courage to drive a car right on fore the race starts there is a chapel He was also a great husband to his the edge, at 200 miles per hour. He had service and a prayer before the race. wife Teresa, and a great father to his S1566 CONGRESSIONAL RECORD — SENATE February 26, 2001 children, Taylor, Dale Jr., Kelley, and Dale won 76 races and secured seven passed the legislation. After all, the Kerry. Our hearts go out to them. Winston Cup Championships. But, the housing of prisoners is a core State North Carolina has lost one of her fa- biggest accomplishment Dale earned is function, with about 94 percent of pris- vorite sons, and NASCAR has lost per- the respect and admiration of his fel- oners being maintained in State and haps its greatest champion. Our pray- low drivers and his fans through his local facilities. ers go out to his family, friends, and hard work and dedication to the sport I have reintroduced the legislation, fans. he loved. Everyone involved in racing S. 34, in this Congress. However, this Mr. HELMS. Mr. President, I was so will never forget what Dale has done Supreme Court decision should be very glad to hear my distinguished col- for the sport and how his accomplish- beneficial in limiting the application of league from North Carolina talking ments have forever turned racing into the ADA in the prison context on the about Dale Earnhardt. Dale was a re- a way of life. State level even without the Congress markable citizen and individual. I He had an aggressive driving style amending the ADA. This is just an ex- knew him well. In fact, when the news that was rivaled by none, and revered ample of how this case will help keep came that he had died in the accident, by all. Dale Earnhardt set the standard the Federal Government out of areas I immediately arranged for a flag to be by which every driver was measured. that traditionally have been reserved flown at half-mast over the Capitol to On the race track it was all business. to the States. be sent to his widow for use at the fu- Off the track he was a man with a huge Far too often, the Congress ignores neral. heart and a tender way who always had the principles of federalism and acts as Dale had a good sense of humor, and time for fans and other racers. You can though the States are subdivisions of he was not unaware of the risk in- never replace a driver like Dale the Federal Government. Decisions volved in the business in which he Earnhardt, but his legend will live on. such as Garrett remind the Congress chose to participate. I remember when As a motorsports enthusiast myself that this is simply not the case. The he came to a dinner in Charlotte when and co-chair of the Congressional Mo- Constitution created a Federal Govern- I was running for reelection, and he torsports Caucus, it is with regret for ment of limited, enumerated powers, and others had arranged for me to get me to make this Senate floor state- and those powers that the Constitution a ‘‘Winston Cup’’ jacket, I think they ment. Today I invite my Senate col- does not provide for the Federal Gov- called it. It was a thing that only race leagues to join me in sending my sin- ernment are reserved to the States and car drivers can wear with impunity. cere condolences to the Earnhardt fam- to the people. But I wear it every once in a while be- ily and everyone that has been touched The Congress must do more to recog- cause I am so grateful for this indus- by the man known as the Intimidator nize the separation of powers between try—and that is what it is in North on the race track. The number 3 car the Federal Government and the Carolina, a big business. will be missed on the track. But, racing States. I am pleased that the Supreme Dale Earnhardt was—how do you put will go on, Dale would have wanted it Court is showing a renewed respect for it—an authentic American. There was that way. the principles of federalism. no pretense about him. He was a hero f f to millions of stock car racing fans who followed his remarkable career as BOARD OF TRUSTEES OF THE UNI- RULES OF THE FOREIGN a seven-time Winston Cup champion VERSITY OF ALABAMA V. GAR- RELATIONS COMMITTEE when that fatal crash occurred on the RETT SUPREME COURT CASE Mr. HELMS. Mr. President, pursuant last lap of the Daytona 500 on February Mr. THURMOND. Mr. President, dur- to the requirements of paragraph 2 of 18. ing the Congressional recess last week, Senate rule XXVI, I ask to have print- North Carolina has lost a son and the Supreme Court issued an extremely ed in the RECORD the rules of the Com- America has lost an incredible hero. important decision regarding the mittee on Foreign Relations for the Dale Earnhardt touched people wheth- Americans with Disabilities Act and 107th Congress adopted by the com- er or not they were fans of the motor the principles of federalism. The deci- mittee on February 7, 2001. sports. Growing up in North Carolina sion, Board of Trustees of the Univer- RULES OF THE COMMITTEE ON FOREIGN and working at what he loved, he was sity of Alabama v. Garrett, is one in a RELATIONS indeed remarkable. The passion he had series of cases that is helping reassert (Adopted February 7, 2001) for life did not end when he left the the role of the States in our Federal RULE 1—JURISDICTION system of Government. track. He carried it over to his family. (a) Substantive.—In accordance with Sen- He lived life to its fullest and loved The eleventh amendment to the Con- ate Rule XXV.1(j), the jurisdiction of the every second of it. stitution prohibits States from being Committee shall extend to all proposed legis- Race fans throughout the world felt sued in Federal court by private citi- lation, messages, petitions, memorials, and as if they had lost a member of their zens for money damages, unless the other matters relating to the following sub- family—and they had. Known as ‘‘The State consents. In the Garrett case, the jects: Intimidator’’ for his aggressive driving Supreme Court said that based on this 1. Acquisition of land and buildings for em- style, Dale Earnhardt was a legend not provision it is unconstitutional for the bassies and legations in foreign countries. Congress to hold the States liable for 2. Boundaries of the United States. only for his racing career, but for his 3. Diplomatic service. having guided thousands of young peo- private lawsuits under the ADA. The 4. Foreign economic, military, technical, ple into useful, meaningful adulthoods. Congress did not or could not create a and humanitarian assistance. Dale Earnhardt is an inspiration to record of a pattern of discrimination 5. Foreign loans. millions for allowing them to realize by the States sufficient to meet the 6. International activities of the American that a dream can be achieved. heavy burden required by the Constitu- National Red Cross and the International The United States Senate family ex- tion. Committee of the Red Cross. tends their deepest sympathy to Mrs. While the case referred to Title I of 7. International aspects of nuclear energy, the ADA, which concerns employment including nuclear transfer policy. Earnhardt, their two sons and two 8. International conferences and con- daughters, and their other loved ones. discrimination, the reasoning of the gresses. Mr. CAMPBELL. Mr. President, it is Court should apply equally to all of the 9. International law as it relates to foreign with great sorrow that I am recog- ADA and well beyond the ADA. policy. nizing today the loss of one of the I would like to note just one exam- 10. International Monetary Fund and other greatest NASCAR drivers ever to get ple. In 1998, the Supreme Court held international organizations established pri- behind the wheel, Dale Earnhardt, who that the language of the ADA was clear marily for international monetary purposes tragically died at this year’s Daytona enough to cover state and local pris- (except that, at the request of the Com- ons. I immediately introduced legisla- mittee on Banking, Housing, and Urban Af- 500. The Nation not only lost an icon of fairs, any proposed legislation relating to the racing world, but also a great man. tion to exclude State and local prisons such subjects reported by the Committee on Dale Earnhardt’s career achieve- from the ADA because I do not believe Foreign Relations shall be referred to the ments are vast, better than most teams that the Congress considered the ADA Committee on Banking, Housing, and Urban of drivers. In his 26 years of racing, applying to these institutions when it Affairs). February 26, 2001 CONGRESSIONAL RECORD — SENATE S1567 11. Intervention abroad and declarations of mittee. Meetings of subcommittees shall be into closed session to discuss only whether war. scheduled after consultation with the Chair- the matters enumerated in paragraphs (1) 12. Measures to foster commercial inter- man of the Committee with a view toward through (6) would require the meeting to be course with foreign nations and to safeguard avoiding conflicts with meetings of other closed followed immediately by a record vote American business interests abroad. subcommittees insofar as possible. Meetings in open session by a majority of the members 13. National security and international as- of subcommittees shall not be scheduled to of the Committee or subcommittee when it pects of trusteeships of the United States. conflict with meetings of the full Com- is determined that the matters to be dis- 14. Ocean and international environmental mittee. cussed or the testimony to be taken at such and scientific affairs as they relate to for- The proceedings of each subcommittee meeting or meetings— eign policy. shall be governed by the rules of the full (1) will disclose matters necessary to be 15. Protection of United States citizens Committee, subject to such authorizations kept secret in the interests of national de- abroad and expatriation. or limitations as the Committee may from fense or the confidential conduct of the for- 16. Relations of the United States with for- time to time prescribe. eign relations of the United States; (2) will relate solely to matters of Com- eign nations generally. RULE 3—MEETINGS 17. Treaties and executive agreements, ex- mittee staff personnel or internal staff man- (a) Regular Meeting Day.—The regular cept reciprocal trade agreements. agement or procedure; meeting day of the Committee on Foreign 18. United Nations and its affiliated orga- (3) will tend to charge an individual with Relations for the transaction of Committee nizations. crime or misconduct; to disgrace or injure business shall be on Tuesday of each week, 19. World Bank group, the regional devel- the professional standing of an individual, or unless otherwise directed by the Chairman. opment banks, and other international orga- otherwise to expose an individual to public (b) Additional Meetings.—Additional meet- nizations established primarily for develop- contempt or obloquy, or will represent a ings and hearings of the Committee may be ment assistance purposes. clearly unwarranted invasion of the privacy called by the Chairman as he may deem nec- The Committee is also mandated by Senate of an individual; essary. If at least three members of the Com- (4) will disclose the identity of any in- Rule XXV.1(j) to study and review, on a committee desire that a special meeting of the former or law enforcement agent or will dis- prehensive basis, matters relating to the na- Committee be called by the Chairman, those close any information relating to the inves- tional security policy, foreign policy, and members may file in the offices of the Com- tigation or prosecution of a criminal offense international economic policy as it relates mittee their written request to the Chair- that is required to be kept secret in the in- to foreign policy of the United States, and man for that special meeting. Immediately terests of effective law enforcement; matters relating to food, hunger, and nutri- upon filing of the request, the Chief Clerk of (5) will disclose information relating to tion in foreign countries, and report thereon the Committee shall notify the Chairman of the trade secrets or financial or commercial from time to time. the filing of the request. If, within three cal- information pertaining specifically to a (b) Oversight.—The Committee also has a endar days after the filing of the request, the given person if— responsibility under Senate Rule XXVI.8, Chairman does not call the requested special (A) an Act of Congress requires the infor- which provides that ‘‘. . . each standing meeting, to be held within seven calendar mation to be kept confidential by Govern- Committee . . . shall review and study, on a days after the filing of the request, a major- ment officers and employees; or continuing basis, the application, adminis- ity of the members of the Committee may (B) the information has been obtained by tration, and execution of those laws or parts file in the offices of the Committee their the Government on a confidential basis, of laws, the subject matter of which is with- written notice that a special meeting of the other than through an application by such in the jurisdiction of the Committee.’’ person for a specific Government financial or Committee will be held, specifying the date (c) ‘‘Advice and Consent’’ Clauses.—The other benefit, and is required to be kept se- and hour of that special meeting. The Com- Committee has a special responsibility to as- cret in order to prevent undue injury to the mittee shall meet on that date and hour. Im- sist the Senate in its constitutional function competitive position of such person, or mediately upon the filing of the notice, the of providing ‘‘advice and consent’’ to all (6) may divulge matters required to be Clerk shall notify all members of the Com- treaties entered into by the United States kept confidential under other provisions of mittee that such special meeting will be held and all nominations to the principal execu- law or Government regulations. and inform them of its date and hour. tive branch positions in the field of foreign A closed meeting may be opened by a ma- (c) Hearings, selection of witnesses.—To en- policy and diplomacy. jority vote of the Committee. sure that the issue which is the subject of (g) Staff Attendance.—A member of the RULE 2—SUBCOMMITTEES the hearing is presented as fully and fairly as Committee may have one member of his or (a) Creation.—Unless otherwise authorized possible, whenever a hearing is conducted by her personal staff, for whom that member as- by law or Senate resolution, subcommittees the Committee or a subcommittee upon any sumes personal responsibility, accompany shall be created by majority vote of the measure or matter, the Ranking Member of and be seated nearby at Committee meet- Committee and shall deal with such legisla- the Committee or subcommittee may re- ings. tion and oversight of programs and policies quest that an equal number of public wit- Each member of the Committee may des- as the Committee directs. Legislative meas- nesses selected by the Ranking Member be ignate members of his or her personal staff, ures or other matters may be referred to a called to testify at that hearing. who hold a Top Secret security clearance, for subcommittee for consideration in the dis- (d) Public Announcement.—The Committee, the purpose of their eligibility to attend cretion of the Chairman or by vote of a ma- or any subcommittee thereof, shall make closed sessions of the Committee, subject to jority of the Committee. If the principal sub- public announcement of the date, place, the same conditions set forth for Committee ject matter of a measure or matter to be re- time, and subject matter of any meeting or staff under Rules 12, 13, and 14. ferred falls within the jurisdiction of more hearing to be conducted on any measure or In addition, the Majority Leader and the than one subcommittee, the Chairman or the matter at least one week in advance of such Minority Leader of the Senate, if they are Committee may refer the matter to two or meetings or hearings, unless the Chairman of not otherwise members of the Committee, more subcommittees for joint consideration. the Committee, or subcommittee, in con- may designate one member of their staff (b) Assignments.—Assignments of members sultation with the Ranking Member, deter- with a Top Secret security clearance to at- to subcommittees shall be made in an equi- mines that there is good cause to begin such tend closed sessions of the Committee, sub- table fashion. No member of the Committee meeting or hearing at an earlier date. ject to the same conditions set forth for may receive assignment to a second sub- (e) Procedure.—Insofar as possible, pro- Committee staff under Rules 12, 13, and 14. committee until, in order of seniority, all ceedings of the Committee will be conducted Staff of other Senators who are not members members of the Committee have chosen as- without resort to the formalities of par- of the Committee may not attend closed ses- signments to one subcommittee, and no liamentary procedure and with due regard sions of the Committee. member shall receive assignments to a third for the views of all members. Issues of proce- Attendance of Committee staff at meetings subcommittee until, in order of seniority, all dure which may arise from time to time shall be limited to those designated by the members have chosen assignments to two shall be resolved by decision of the Chair- Staff Director or the Minority Staff Direc- subcommittees. man, in consultation with the Ranking Mem- tor. No member of the Committee may serve on ber. The Chairman, in consultation with the The Committee, by majority vote, or the more than four subcommittees at any one Ranking Member, may also propose special Chairman, with the concurrence of the time. procedures to govern the consideration of Ranking Member, may limit staff attend- The Chairman and Ranking Member of the particular matters by the Committee. ance at specified meetings. Committee shall be ex officio members, (f) Closed Sessions.—Each meeting of the RULE 4—QUORUMS without vote, of each subcommittee. Committee on Foreign Relations, or any sub- (a) Testimony.—For the purpose of taking (c) Meetings.—Except when funds have been committee thereof, including meetings to sworn or unsworn testimony at any duly specifically made available by the Senate for conduct hearings, shall be open to the public, scheduled meeting a quorum of the Com- a subcommittee purpose, no subcommittee of except that a meeting or series of meetings mittee and each subcommittee thereof shall the Committee on Foreign Relations shall by the Committee or a subcommittee on the consist of one member. hold hearings involving expenses without same subject for a period of no more than (b) Business.—A quorum for the trans- prior approval of the Chairman of the full fourteen calendar days may be closed to the action of Committee or subcommittee busi- Committee or by decision of the full Com- public on a motion made and seconded to go ness, other than for reporting a measure or S1568 CONGRESSIONAL RECORD — SENATE February 26, 2001 recommendation to the Senate or the taking the Chairman or any other member des- (c) Required Data.—No nomination shall be of testimony, shall consist of one-third of ignated by him may convene a hearing by reported to the Senate unless (1) the nomi- the members of the Committee or sub- giving 2 hours notice by telephone to all nee has been accorded a security clearance committee, including at least one member other members. One member shall constitute on the basis of a thorough investigation by from each party. a quorum for such a hearing. The sole pur- executive branch agencies; (2) in appropriate (c) Reporting.—A majority of the member- pose of such a hearing shall be to elucidate cases, the nominee has filed a financial dis- ship of the Committee shall constitute a further information about the return and to closure report and a confidential statement quorum for reporting any measure or rec- rule on the objection. with the Committee; (3) the Committee has ommendation to the Senate. No measure or (c) Depositions.—At the direction of the been assured that the nominee does not have recommendation shall be ordered reported Committee, staff is authorized to take depo- any interests which could conflict with the from the Committee unless a majority of the sitions from witnesses. interests of the government in the exercise Committee members are physically present. RULE 8—REPORTS of the nominee’s proposed responsibilities; The vote of the Committee to report a meas- (a) Filing.—When the Committee has or- (4) for persons nominated to be chief of mis- ure or matter shall require the concurrence dered a measure or recommendation re- sion, ambassador-at-large, or minister, the of a majority of those members who are ported, the report thereon shall be filed in Committee has received a complete list of physically present at the time the vote is the Senate at the earliest practicable time. any contributions made by the nominee or taken. (b) Supplemental, Minority and Additional members of his immediate family to any RULE 5—PROXIES Views.—A member of the Committee who Federal election campaign during the year of Proxies must be in writing with the signa- gives notice of his intentions to file supple- his or her nomination and for the 4 preceding ture of the absent member. Subject to the re- mental, minority, or additional views at the years; and (5) for persons nominated to be quirements of Rule 4 for the physical pres- time of final Committee approval of a meas- chiefs of mission, a report on the dem- ence of a quorum to report a matter, proxy ure or matter, shall be entitled to not less onstrated competence of that nominee to voting shall be allowed on all measures and than 3 calendar days in which to file such perform the duties of the position to which matters before the Committee. However, views, in writing, with the Chief Clerk of the he or she has been nominated. proxies shall not be voted on a measure or Committee, with the 3 days to begin at 11:00 RULE 11—TRAVEL matter except when the absent member has p.m. on the same day that the Committee (a) Foreign Travel.—No member of the been informed of the matter on which he is has ordered a measure or matter reported. Committee on Foreign Relations or its staff being recorded and has affirmatively re- Such views shall then be included in the shall travel abroad on Committee business quested that he or she be so recorded. Committee report and printed in the same unless specifically authorized by the Chair- RULE 6—WITNESSES volume, as a part thereof, and their inclusion man, who is required by law to approve shall be noted on the cover of the report. In vouchers and report expenditures of foreign (a) General.—The Committee on Foreign the absence of timely notice, the Committee currencies, and the Ranking Member. Re- Relations will consider requests to testify on report may be filed and printed immediately quests for authorization of such travel shall any matter or measure pending before the without such views. state the purpose and, when completed, a full Committee. (c) Rollcall Votes.—The results of all roll- (b) Presentation.—If the Chairman so deter- substantive and financial report shall be call votes taken in any meeting of the Com- mines, the oral presentation of witnesses filed with the Committee within 30 days. mittee on any measure, or amendment there- shall be limited to 10 minutes. However, This report shall be furnished to all members to, shall be announced in the Committee re- written statements of reasonable length may of the Committee and shall not be otherwise port. The announcement shall include a tab- be submitted by witnesses and other inter- disseminated without the express authoriza- ulation of the votes cast in favor and votes ested persons who are unable to testify in tion of the Committee. Except in extraor- cast in opposition to each such measure and person. dinary circumstances, staff travel shall not amendment by each member of the Com- (c) Filing of Statements.—A witness appear- be approved unless the reporting require- mittee. ing before the Committee, or any sub- ments have been fulfilled for all prior trips. committee thereof, shall file a written state- RULE 9—TREATIES Except for travel that is strictly personal, ment of his proposed testimony at least 48 (a) The Committee is the only Committee travel funded by non-U.S. Government hours prior to his appearance, unless this re- of the Senate with jurisdiction to review and sources is subject to the same approval and quirement is waived by the Chairman and report to the Senate on treaties submitted substantive reporting requirements as U.S. the Ranking Member following their deter- by the President for Senate advice and con- Government-funded travel. In addition, mination that there is good cause for failure sent. Because the House of Representatives members and staff are reminded of Senate to file such a statement. has no role in the approval of treaties, the Rule XXXV.4 requiring a determination by (d) Expenses.—Only the Chairman may au- Committee is therefore the only congres- the Senate Ethics Committee in the case of thorize expenditures of funds for the ex- sional committee with responsibility for foreign-sponsored travel. Any proposed travel by Committee staff penses of witnesses appearing before the treaties. Committee or its subcommittees. (b) Once submitted by the President for for a subcommittee purpose must be ap- (e) Requests.—Any witness called for a advice and consent, each treaty is referred to proved by the subcommittee chairman and hearing may submit a written request to the the Committee and remains on its calendar ranking member prior to submission of the Chairman no later than 24 hours in advance from Congress to Congress until the Com- request to the Chairman and Ranking Mem- for his testimony to be in closed or open ses- mittee takes action to report it to the Sen- ber of the full Committee. When the Chairman and the Ranking Mem- sion, or for any other unusual procedure. The ate or recommend its return to the Presi- ber approve the foreign travel of a member Chairman shall determine whether to grant dent, or until the Committee is discharged of of the staff of the committee not accom- any such request and shall notify the Com- the treaty by the Senate. panying a member of the Committee, all mittee members of the request and of his de- (c) In accordance with Senate Rule XXX.2, members of the Committee shall be advised, cision. treaties which have been reported to the prior to the commencement of such travel of Senate but not acted on before the end of a RULE 7—SUBPOENAS its extent, nature, and purpose. Congress ‘‘shall be resumed at the com- (a) Authorization.—The Chairman or any (b) Domestic Travel.—All official travel in mencement of the next Congress as if no pro- other member of the Committee, when au- the United States by the Committee staff ceedings had previously been had thereon.’’ thorized by a majority vote of the Com- shall be approved in advance by the Staff Di- (d) Insofar as possible, the Committee mittee at a meeting or by proxies, shall have rector, or in the case of minority staff, by should conduct a public hearing on each authority to subpoena the attendance of wit- the Minority Staff Director. treaty as soon as possible after its submis- nesses or the production of memoranda, doc- (c) Personal Staff.—As a general rule, no sion by the President. Except in extraor- uments, records, or any other materials. At more than one member of the personal staff dinary circumstances, treaties reported to the request of any Member of the Com- of a member of the Committee may travel the Senate shall be accompanied by a writ- mittee, the Committee shall authorize the with that member with the approval of the ten report. issuance of a subpoena only at a meeting of Chairman and the Ranking Member of the the Committee. When the Committee au- RULE 10—NOMINATIONS Committee. During such travel, the personal thorizes a subpoena, it may be issued upon (a) Waiting Requirement.—Unless otherwise staff member shall be considered to be an the signature of the Chairman or any other directed by the Chairman and the Ranking employee of the Committee. member designated by the Committee. Member, the Committee on Foreign Rela- (d) Personal Representatives of the Member (b) Return.—A subpoena, or a request to an tions shall not consider any nomination (PRM).—For the purposes of Rule 11 as re- agency, for documents may be issued whose until 6 calendar days after it has been for- gards staff foreign travel, the officially-des- return shall occur at a time and place other mally submitted to the Senate. ignated personal representative of the mem- than that of a scheduled Committee meet- (b) Public Consideration.—Nominees for any ber (PRM) shall be deemed to have the same ing. A return on such a subpoena or request post who are invited to appear before the rights, duties, and responsibilities as mem- which is incomplete or accompanied by an Committee shall be heard in public session, bers of the staff of the Committee on Foreign objection constitutes good cause for a hear- unless a majority of the Committee decrees Relations. Furthermore, for the purposes of ing on shortened notice. Upon such a return, otherwise. this section, each Member of the Committee February 26, 2001 CONGRESSIONAL RECORD — SENATE S1569 may designate one personal staff member as closed session or reveal information con- (1) The staff works for the Committee as a the ‘‘Personal Representative of the Mem- veyed or discussed in such a session unless whole, under the general supervision of the ber.’’ that person would have been permitted to at- Chairman of the Committee, and the imme- RULE 12—TRANSCRIPTS tend the session itself, or unless such com- diate direction of the Staff Director; pro- munication is specifically authorized by the vided, however, that such part of the staff as (a) General.—The Committee on Foreign Chairman, the Ranking Member, or in the is designated Minority Staff, shall be under Relations shall keep verbatim transcripts of case of staff, by the Staff Director or Minor- the general supervision of the Ranking Mem- all Committee and subcommittee meetings ity Staff Director. A record shall be kept of ber and under the immediate direction of the and such transcripts shall remain in the cus- all such authorizations. Minority Staff Director. tody of the Committee, unless a majority of (c) Declassification.— (2) Any member of the Committee should the Committee decides otherwise. Tran- (1) All restricted transcripts and classified feel free to call upon the staff at any time scripts of public hearings by the Committee Committee reports shall be declassified on a for assistance in connection with Committee shall be published unless the Chairman, with date twelve years after their origination un- business. Members of the Senate not mem- the concurrence of the Ranking Member, de- less the Committee by majority vote decides bers of the Committee who call upon the termines otherwise. against such declassification, and provided staff for assistance from time to time should (b) Classified or Restricted Transcripts.— that the executive departments involved and be given assistance subject to the overriding (1) The Chief Clerk of the Committee shall all former Committee members who partici- responsibility of the staff to the Committee. have responsibility for the maintenance and pated directly in the sessions or reports con- (3) The staff’s primary responsibility is security of classified or restricted tran- cerned have been consulted in advance and with respect to bills, resolutions, treaties, scripts. given a reasonable opportunity to raise ob- and nominations. (2) A record shall be maintained of each jections to such declassification. In addition to carrying out assignments use of classified or restricted transcripts. (2) Any transcript or classified Committee from the Committee and its individual mem- (3) Classified or restricted transcripts shall report, or any portion thereof, may be de- bers, the staff has a responsibility to origi- be kept in locked combination safes in the classified fewer than twelve years after their nate suggestions for Committee or sub- Committee offices except when in active use origination if: committee consideration. The staff also has by authorized persons for a period not to ex- (i) the Chairman originates such action or a responsibility to make suggestions to indi- ceed 2 weeks. Extensions of this period may receives a written request for such action, vidual members regarding matters of special be granted as necessary by the Chief Clerk. and notifies the other members of the Com- interest to such members. They must never be left unattended and mittee; (4) It is part of the staff’s duty to keep shall be returned to the Chief Clerk prompt- (ii) the Chairman, Ranking Member, and itself as well informed as possible in regard ly when no longer needed. each member or former member who partici- to developments affecting foreign relations (4) Except as provided in paragraph 7 pated directly in such meeting or report give and in regard to the administration of for- below, transcripts classified secret or higher their approval, except that the Committee eign programs of the United States. Signifi- may not leave the Committee offices except by majority vote may overrule any objec- cant trends or developments which might for the purpose of declassification. tions thereby raised to early declassifica- otherwise escape notice should be called to (5) Classified transcripts other than those tion; and the attention of the Committee, or of indi- classified secret or higher may leave the (iii) the executive departments and all vidual Senators with particular interests. (5) The staff shall pay due regard to the Committee offices in the possession of au- former Committee members are consulted in constitutional separation of powers between thorized persons with the approval of the advance and have a reasonable opportunity the Senate and the executive branch. It to object to early declassification. Chairman. Delivery and return shall be made therefore has a responsibility to help the only by authorized persons. Such transcripts RULE 13—CLASSIFIED MATERIAL Committee bring to bear an independent, ob- may not leave Washington, DC, unless ade- (a) All classified material received or jective judgment of proposals by the execu- quate assurances for their security are made originated by the Committee shall be logged tive branch and when appropriate to origi- to the Chairman. in at the Committee’s offices in the Dirksen nate sound proposals of its own. At the same (6) Extreme care shall be exercised to Senate Office Building, and except for mate- time, the staff shall avoid impinging upon avoid taking notes or quotes from classified rial classified as ‘‘Top Secret’’ shall be filed the day-to-day conduct of foreign affairs. transcripts. Their contents may not be di- in the Dirksen Senate Building offices for (6) In those instances when Committee ac- vulged to any unauthorized person. Committee use and safekeeping. tion requires the expression of minority (7) Subject to any additional restrictions (b) Each such piece of classified material views, the staff shall assist the minority as imposed by the Chairman with the concur- received or originated shall be card indexed fully as the majority to the end that all rence of the Ranking Member, only the fol- and serially numbered, and where requiring points of view may be fully considered by lowing persons are authorized to have access onward distribution shall be distributed by members of the Committee and of the Sen- to classified or restricted transcripts. means of an attached indexed form approved ate. The staff shall bear in mind that under (i) Members and staff of the Committee in by the Chairman. If such material is to be our constitutional system it is the responsi- the Committee rooms; distributed outside the Committee offices, it bility of the elected Members of the Senate (ii) Designated personal representatives of shall, in addition to the attached form, be to determine legislative issues in the light of members of the Committee, and of the Ma- accompanied also by an approved signature as full and fair a presentation of the facts as jority and Minority Leaders, with appro- sheet to show onward receipt. the staff may be able to obtain. priate security clearances, in the Commit- (c) Distribution of classified material (b) Restrictions.— tee’s Capitol office; among offices shall be by Committee mem- (1) The staff shall regard its relationship (iii) Senators not members of the Com- bers or authorized staff only. All classified to the Committee as a privileged one, in the mittee, by permission of the Chairman in the material sent to members’ offices, and that nature of the relationship of a lawyer to a Committee rooms; and distributed within the working offices of the client. In order to protect this relationship (iv) Members of the executive departments Committee, shall be returned to the offices and the mutual confidence which must pre- involved in the meeting, in the Committee’s designated by the Chief Clerk. No classified vail if the Committee-staff relationship is to be a satisfactory and fruitful one, the fol- Capitol office, or, with the permission of the material is to be removed from the offices of lowing criteria shall apply: Chairman, in the offices of the officials who the members or of the Committee without (i) members of the staff shall not be identi- took part in the meeting, but in either case, permission of the Chairman. Such classified only for a specified and limited period of fied with any special interest group in the material will be afforded safe handling and field of foreign relations or allow their time, and only after reliable assurances safe storage at all times. against further reproduction or dissemina- names to be used by any such group; (d) Material classified ‘‘Top Secret,’’ after (ii) members of the staff shall not accept tion have been given. being indexed and numbered shall be sent to public speaking engagements or write for (8) Any restrictions imposed upon access the Committee’s Capitol office for use by the publication in the field of foreign relations to a meeting of the Committee shall also members and authorized staff in that office without specific advance permission from apply to the transcript of such meeting, ex- only or in such other secure Committee of- the Staff Director, or, in the case of minor- cept by special permission of the Chairman fices as may be authorized by the Chairman ity staff, from the Minority Staff Director. and notice to the other members of the Com- or Staff Director. In the case of the Staff Director and the Mi- mittee. Each transcript of a closed session of (e) In general, members and staff under- nority Staff Director, such advance permis- the Committee shall include on its cover a take to confine their access to classified in- sion shall be obtained from the Chairman or description of the restrictions imposed upon formation on the basis of a ‘‘need to know’’ the Ranking Member, as appropriate. In any access, as well as any applicable restrictions such information related to their Committee event, such public statements should avoid upon photocopying, note-taking or other dis- responsibilities. the expression of personal views and should (f) The Staff Director is authorized to semination. not contain predictions of future, or inter- (9) In addition to restrictions resulting make such administrative regulations as pretations of past, Committee action; and from the inclusion of any classified informa- may be necessary to carry out the provisions (iii) staff shall not discuss their private tion in the transcript of a Committee meet- of these regulations. conversations with members of the Com- ing, members and staff shall not discuss with RULE 14—STAFF mittee without specific advance permission anyone the proceedings of the Committee in (a) Responsibilities.— from the Senator or Senators concerned. S1570 CONGRESSIONAL RECORD — SENATE February 26, 2001 (2) The staff shall not discuss with anyone cluding requests for opinions and interpreta- (B) pursuant to subparagraph (A) rec- the proceedings of the Committee in closed tions concerning the Code of Official Con- ommend discipline, including— session or reveal information conveyed or duct or any other statute or regulation (i) in the case of a Member, a recommenda- discussed in such a session unless that per- under the jurisdiction of the Select Com- tion to the Senate for expulsion, censure, son would have been permitted to attend the mittee, if one Member of the quorum is a payment of restitution, recommendation to session itself, or unless such communication Member of the Majority Party and one Mem- a Member’s party conference regarding the is specifically authorized by the Staff Direc- ber of the quorum is a Member of the minor- Member’s seniority or positions of responsi- tor or Minority Staff Director. Unauthorized ity Party. During the transaction of routine bility, or a combination of these; and disclosure of information from a closed ses- business any Member of the Select Com- (ii) in the case of an officer or employee, sion or of classified information shall be mittee constituting the quorum shall have dismissal, suspension, payment of restitu- cause for immediate dismissal and may, in the right to postpone further discussion of a tion, or a combination of these; and the case of some kinds of information, be pending matter until such time as a major- (3) subject to the provisions of subsection grounds for criminal prosecution. ity of the Members of the Select Committee (e), by a unanimous vote of 6 members, order are present. RULE 15—STATUS AND AMENDMENT OF RULES that a Member, officer or employee be rep- (3) The Select Committee may fix a lesser rimanded or pay restitution, or both, if the (a) Status.—In addition to the foregoing, number as a quorum for the purpose of tak- Select Committee determines, after accord- the Committee on Foreign Relations is gov- ing sworn testimony. erned by the Standing Rules of the Senate (d)(1) A member of the Select Committee ing to the Member, officer, or employee due which shall take precedence in the event of shall be ineligible to participate in— notice and opportunity for a hearing, that a clear inconsistency. In addition, the juris- (A) any preliminary inquiry or adjudica- misconduct occurred warranting discipline diction and responsibilities of the Com- tory review relating to— less serious than discipline by the full Sen- mittee with respect to certain matters, as (i) the conduct of— ate; well as the timing and procedure for their (I) such member; (4) in the circumstances described in sub- consideration in Committee, may be gov- (II) any officer or employee the member section (d)(3), issue a public or private letter erned by statute. supervises; or of admonition to a member, officer, or em- (b) Amendment.—These Rules may be modi- (III) any employee of any officer the mem- ployee, which shall not be subject to appeal fied, amended, or repealed by a majority of ber supervises; or to the Senate; (ii) any complaint filed by the member, the Committee, provided that a notice in (5) recommend to the Senate, by report or and writing of the proposed change has been (B) the determinations and recommenda- resolution, such additional rules or regula- given to each member at least 48 hours prior tions of the Select Committee with respect tions as the Select Committee shall deter- to the meeting at which action thereon is to to any preliminary inquiry or adjudicatory mine to be necessary or desirable to insure be taken. However, Rules of the Committee review described in subparagraph (A). For proper standards of conduct by Members of which are based upon Senate Rules may not purposes of this paragraph, a member of the the Senate, and by officers or employees of be superseded by Committee vote alone. Select Committee and an officer of the Sen- the Senate, in the performance of their du- f ate shall be deemed to supervise any officer ties and the discharge of their responsibilities; RULES OF THE SELECT or employee consistent with the provisions of paragraph 12 of rule XXXVII of the Stand- (6) by a majority vote of the full com- COMMITTEE ON ETHICS ing Rules of the Senate. mittee, report violations of any law, includ- Mr. ROBERTS. Mr. President, in ac- (2) A member of the Select Committee ing the provision of false information to the cordance with rule XXVI(2) of the may, at the discretion of the member, dis- Select Committee, to the proper Federal and State authorities; and Standing Rules of the Senate, I ask qualify himself or herself from participating in any preliminary inquiry or adjudicatory (7) develop and implement programs and that the Rules of Procedure of the Se- review pending before the Select Committee materials designed to educate Members, offi- lect Committee on Ethics, which were and the determinations and recommenda- cers, and employees about the laws, rules, adopted February 23, 1978, and revised tions of the Select Committee with respect regulations, and standards of conduct appli- November 1999, be printed in the CON- to any such preliminary inquiry or adjudica- cable to such individuals in the performance GRESSIONAL RECORD for the 107th Con- tory review. Notice of such disqualification of their duties. gress. shall be given in writing to the President of (b) For the purposes of this resolution— the Senate. SELECT COMMITTEE ON ETHICS JURISDICTION (1) the term ‘‘sworn complaint’’ means a (3) Whenever any member of the Select AND AUTHORITY, S. RES. 338, 88TH CONG., 2D written statement of facts, submitted under Committee is ineligible under paragraph (1) SESS. (1964) penalty of perjury, within the personal to participate in any preliminary inquiry or knowledge of the complainant alleging a vio- Resolved, That (a) is hereby established a adjudicatory review or disqualified himself lation of law the Senate Code of Official Con- permanent select committee of the Senate to or herself under paragraph (2) from partici- duct, or any other rule or regulation of the be known as the Select Committee on Ethics pating in any preliminary inquiry or adju- Senate relating to the conduct of individuals (referred to hereinafter as the ‘‘Select Com- dicatory review, another Senator shall, sub- in the performance of their duties as Mem- mittee’’) consisting of six Members of the ject to the provisions of subsection (d), be bers, officer, or employees of the Senate; Senate, of whom three shall be selected from appointed to serve as a member of the Select (2) the term ‘‘preliminary inquiry’’ means Members of the majority party and three Committee solely for purposes of such pre- a proceeding undertaken by the Select Com- shall be selected from Members of the minor- liminary inqiury or adjudicatory review and mittee following the receipt of a complaint ity party. Members thereof shall be ap- the determinations and recommendations of or allegation of, or information about, mis- pointed by the Senate in accordance with the the Select Committee with respect to such conduct by a Member, officer, or employee of provisions of Paragraph 1 of Rule XXIV of preliminary inquiry or adjudicatory review. the Senate to determine whether there is the standing rules for the Senate at the be- Any Member of the Senate appointed for substantial credible evidence which provides ginning of each Congress. For purposes of such purposes shall be of the same party as substantial cause for the Select Committee paragraph 4 of Rule XXV of the Standing the Member who is inelgible or disqualified to conclude that a violation within the juris- Rules of the Senate, service of a Senator as himself or herself. diction of the Select Committee has oc- a Member or chairman of the Select Com- SEC. 2. (a) It shall be the duty of the Select curred; and mittee shall not be taken into account. Committee to— (b) Vacancies in the Membership of the Se- (1) receive complaints and investigate alle- (3) the term ‘‘adjudicatory review’’ means lect Committee shall not affect the author- gations of improper conduct which may re- a proceeding undertakin by the Select Com- ity of the remaining Members to execute the flect upon the Senate, violations of law, vio- mittee after a finding, on the basis of a pre- functions of the committee, and shall be lations of the Senate Code of Official Con- liminary inquiry, that there is substantial filled in the same manner as original ap- duct and violations of rules and regulations credible evidence which provides substantial pointments thereto are made. of the Senate, relating to the conduct of in- cause for the Select Committee to conclude (c)(1) A majority of the members of the Se- dividuals in the performance of their duties that a violation within the jurisdiction of lect Committee shall constitute a quorum as Members of the Senate, or as officers or the Select Committee has occurred— for the transaction of business involving employees of the Senate, and to make appro- (c)(1) No— complaints or allegations of, or information priate findings of fact and conclusions with (A) adjudicatory review of conduct of a about, misconduct, including resulting pre- respect thereto; Member or officer of the Senate may be con- liminary inquiries, adjudicatory reviews, (2)(A) recommend to the Senate by report ducted; recommendations or reports, and matters re- or resolution by a majority vote of the full (B) report, resolution, or recommendation lating to Senate Resolution 400, agreed to committee disciplinary action to be taken relating to such a adjudicatory review of May 19, 1976. with respect to such violations which the Se- conduct may be made; and (2) Three Members shall constitute a lect Committee shall determine, after ac- (C) letter of admonition pursuant to sub- quorum for the transaction of routine busi- cording to the individual concerned due no- section (d)(3) may be issued, unless approved ness of the Select Committee not covered by tice and opportunity for a hearing, to have by the affirmative recorded vote of not fewer the first paragraph of this subparagraph, in- occurred; than 4 members of the Select Committee. February 26, 2001 CONGRESSIONAL RECORD — SENATE S1571 (2) No other resolution, report, rec- testimony and make findings of fact and/or that such action is necessary and appro- ommendation, interpretative ruling, or advi- recommendations to the Select Committee priate. sory opinion may be made without an affirm- concerning the disposition of complaints. (d)(1) Subpoenas may be authorized by— ative vote of a majority of the Members of (g) Notwithstanding any other provision of (A) the Select Committee; or the Select Committee voting. this section, no adjudicatory review shall be (B) the chairman and vice chairman, act- (d)(1) When the Select Committee receives initiated of any alleged violation of any law, ing jointly. a sworn complaint or other allegation or in- the Senate Code of Official Conduct, rule, or (2) Any such subpoena shall be issued and formation about a Member, officer, or em- regulation which was not in effect at the signed by the chairman and the vice chair- ployee of the Senate, it shall promptly con- time the alleged violation occurred. No pro- man and may be served by any person des- duct a preliminary inquiry into matters visions of the Senate Code of Official Con- ignated by the chairman and vice chairman. (3) The chairman or any member of the Se- raised by that complaint, allegation, or in- duct shall apply to or require disclosure of lect Committee may administer oaths to formation. The preliminary inquiry shall be any act, relationship, or transaction which witnesses. of a duration and scope necessary to deter- occurred prior to the effective date of the ap- (e)(1) The Select Committee shall prescribe mine whether there is substantial credible plicable provision of the Code. The Select and publish such regulations as it feels are evidence which provides substantial cause Committee may initiate an adjudicatory re- necessary to implement the Senate Code of for the Select Committee to conclude that a view of any alleged violation of a rule or law Official Conduct. violation within the jurisdiction of the Se- which was in effect prior to the enactment of (2) The Select Committee is authorized to lect Committee has occurred. The Select the Senate Code of Official Conduct if the al- issue interpretative rulings explaining and Committee may delegate to the chairman leged violation occurred while such rule or clarifying the application of any law, the and vice chairman the discretion to deter- law was in effect and the violation was not a Code of Official Conduct, or any rules or reg- mine the appropriate duration, scope, and matter resolved on the merits by the prede- ulation of the Senate within its jurisdiction. conduct of a preliminary inquiry. cessor Select Committee. (3) The Select Committee shall render an (2) If, as a result of a preliminary inquiry (h) The Select Committee shall adopt writ- advisory opinion, in writing within a reason- under paragraph (1), the Select Committee ten rule setting forth procedures to be used able time, in response to a written request determines by a recorded vote that there is in conducting preliminary inquiries and ad- by a Member or officer of the Senate or a not such substantial credible evidence, the judicatory reviews. candidate for nomination for election, or Select Committee shall dismiss the matter. (i) The Select Committee from time to election to the Senate, concerning the appli- The Select Committee may delegate to the time shall transmit to the Senate its rec- cation of any law, the Senate Code of Official chairman and vice chairman the authority, ommendation as to any legislative measures Conduct, or any rules or regulation of the on behalf of the Select Committee, to dis- which it may consider to be necessary for Senate within its jurisdiction to a specific miss any matter that they determine, after a the effective discharge of its duties. factual situation pertinent to the conduct or preliminary inquiry, lacks substantial merit. SEC. 3. (a) The Select Committee is author- proposed conduct of the person seeking the The Select Committee shall inform the indi- ized to (1) make such expenditures; (2) hold advisory opinion. vidual who provided to the Select Committee such hearings; (3) sit and act at such times (4) The Select Committee may in its dis- the complaint, allegation, or information, and places during the sessions, recesses, and cretion render an advisory opinion in writing and the individual who is the subject of the adjournment periods of the Senate; (4) re- within a reasonable time in response to a complaint, allegation, or information, of the quire by subpoena or otherwise the attend- written request by an employee of the Sen- dismissal, together with an explanation of ance of such witnesses and the production of ate concerning the application of any law, the basis for the dismissal. such correspondence, books, papers, and doc- the Senate Code of Official Conduct, or any (3) If, as a result of a preliminary inquiry uments; (5) administer such oaths; (6) take rule or regulation of the Senate within its under paragraph (1), the Select Committee such testimony orally or by deposition; (7) jurisdiction to a specific factual situation determines that a violation is inadvertent, employ and fix the compensation of a staff pertinent to the conduct or proposed conduct technical, or otherwise of a de minimis na- director, a counsel, an assistant counsel, one of the person seeking the advisory opinion. (5) Notwithstanding any provision of the ture, the Select Committee may dispose of or more investigators, one or more hearing Senate Code of Official Conduct or any rule the matter by issuing a public or private let- examiners, and such technical, clerical, and or regulation of the Senate, any person who other assistants and consultants as it deems ter of admonition, which shall not be consid- relies upon any provision or finding of an ad- advisable; and (8) to procure the temporary ered discipline. The Select Committee may visory opinion in accordance with the provi- services (not in excess of one year) or inter- issue a public letter of admonition upon a sions of paragraphs (3) and (4) and who acts mittent services of individual consultants, or similar determination at the conclusion of in good faith in accordance with the provi- organizations thereof, by contract as inde- an adjudicatory review. sions and findings of such advisory opinion (4) If, as a result of a preliminary inquiry pendent contractors or, in the case of indi- shall not, as a result of any such act, be sub- under paragraph (1), the Select Committee viduals, by employment at daily rates of ject to any sanction by the Senate. determines that there is such substantial compensation not in excess of the per diem (6) Any advisory opinion rendered by the credible evidence and the matter cannot be equivalent of the highest rate of compensa- Select Committee under paragraphs (3) and appropriately disposed of under paragraph tion which may be paid to a regular em- (4) may be relied upon by (A) any person in- (3), the Select Committee shall promptly ini- ployee of the Select Committee. volved in the specific transaction or activity tiate an adjudicatory review. Upon the con- (b)(1) The Select Committee is authorized with respect to which such advisory opinion clusion of such adjudicatory review, the Se- to retain and compensate counsel not em- is rendered: Provided, however, that the re- lect Committee shall report to the Senate, as ployed by the Senate (or by any department quest for such advisory opinion included a soon as practicable, the results of such adju- or agency of the executive branch of the complete and accurate statement of the spe- dicatory review together with its rec- Government) whenever the Select Com- cific factual situation; and, (B) any person ommendations (if any) pursuant to sub- mittee determines that the retention of out- involved in any specific transaction or activ- section (a)(2). side counsel is necessary or appropriate for ity which is indistinguishable in all its mate- (e)(1) Any individual who is the subject of any action regarding any complaint or alle- rial aspects from the transaction or activity a reprimand or order of restitution, or both, gation, which, in the determination of the with respect to which such advisory opinion pursuant to subsection (a)(3) may, within 30 Select Committee is more appropriately con- is rendered. days of the Select Committee’s report to the ducted by counsel not employed by the Gov- (7) Any advisory opinion issued in response Senate on its action imposing a reprimand or ernment of the United States as a regular to a request under paragraph (3) or (4) shall order of restitution, or both, appeal to the employee. be printed in the Congressional Record with Senate by providing written notice of the (2) Any adjudicatory review as defined in appropriate deletions to assure the privacy basis for the appeal to the Select Committee section 2(b)(3) shall be conducted by outside of the individual concerned. The Select Com- and the presiding officer of the Senate. The counsel as authorized in paragraph (1), un- mittee shall, to the extent practicable, be- presiding officer of the Senate shall cause less the Select Committee determines not to fore rendering an advisory opinion, provide the notice of the appeal to be printed in the use outside counsel. any interested party with an opportunity to Congressional Record and the Senate Jour- (c) With the prior consent of the depart- transmit written comments to the Select nal. ment or agency concerned, the Select Com- Committee with respect to the request for (2) A motion to proceed to consideration of mittee may (1) utilize the services, informa- such advisory opinion. The advisory opinions an appeal pursuant to paragraph (1) shall be tion and facilities of any such department or issued by the select Committee shall be com- highly privileged and not debatable. If the agency of the Government, and (2) employ on piled, indexed, reproduced, and made avail- motion to proceed to consideration of the ap- a reimbursable basis or otherwise the serv- able on a periodic basis. peal is agreed to, the appeal shall be decided ices of such personnel of any such depart- (8) A brief description of a waiver granted on the basis of the Select Committee’s report ment or agency as it deems advisable. With under paragraph 2(c) [NOTE: Now Paragraph to the Senate. Debate on the appeal shall be the consent of any other committee of the 1] of Rule XXXIV or paragraph 1 of Rule limited to 10 hours, which shall be divided Senate, or any subcommittee thereof, the XXXV of the Standing Rules of the Senate equally between, and controlled by, those fa- Select Committee may utilize the facilities shall be made available upon request in the voring and those opposing the appeal. and services of the staff of such other com- select Committee office with appropriate de- (f) The Select Committee may, in its dis- mittee or subcommittee whenever the chair- letions to assure the privacy of the indi- cretion, employ hearing examiners to hear man of the Select Committee determines vidual concerned. S1572 CONGRESSIONAL RECORD — SENATE February 26, 2001

SEC. 4. The expenses of the Select Com- conduct, including resulting preliminary in- any individual or group, whether govern- mittee under this resolution shall be paid quiries, adjudicatory reviews, recommenda- mental or private, without the approval of a from the contingent fund of the Senate upon tions or reports, and matters relating to majority of the Committee. vouchers approved by the chairman of the Senate Resolution 400, agreed to May 19, (2) All testimony and action relating to a Select Committee. 1976. complaint or allegation shall be kept secret SEC. 5. As used in this resolution, the term (2) Three members shall constitute a and shall not be released by the Committee ‘‘officer or employee of the Senate’’ means— quorum for the transaction of the routine to any individual or group, whether govern- (1) an elected officer of the Senate who is business of the Select Committee not cov- mental or private, except the respondent, not a Member of the Senate; ered by the first subparagraph of this para- without the approval of a majority of the (2) an employee of the Senate, any com- graph, including requests for opinions and Committee, until such time as a report to mittee or subcommittee of the Senate, or interpretations concerning the Code of Offi- the Senate is required under Senate Resolu- any Member of the Senate; cial Conduct or any other statute or regulation 338, 88th Congress, as amended, or unless (3) the legislative Counsel of the Senate or tion under the jurisdiction of the Select otherwise permitted under these Rules. (See any employee of his office; Committee, if one member of the quorum is Rule 8 on Procedures for Handling Com- (4) an Official Reporter of Debates of the a Member of the Majority Party and one mittee Sensitive and Classified Materials.) Senate and any person employed by the Offi- member of the quorum is a Member of the (j) Release of Reports to Public: No infor- cial Reporters of Debates of the Senate in Minority Party. During the transaction of mation pertaining to, or copies of any Com- connection with the performance of their of- routine business any member of the Select mittee report, study, or other document ficial duties; Committee constituting the quorum shall which purports to express the view, findings, (5) a Member of the Capitol Police force have the right to postpone further discussion conclusions or recommendations of the Com- whose compensation is disbursed by the Sec- of a pending matter until such time as a ma- mittee in connection with any of its activi- retary of the Senate; jority of the members of the Select Com- ties or proceedings may be released to any (6) an employee of the Vice President if mittee are present. individual or group whether governmental or such employee’s compensation is disbursed (3) Except for an adjudicatory review hear- private, without the authorization of the by the Secretary of the Senate; and ing under Rule 5 and any deposition taken Committee. Whenever the Chairman or Vice (7) an employee of a joint committee of the outside the presence of a Member under Rule Chairman is authorized to make any deter- Congress whose compensation is disbursed by 6, one Member shall constitute a quorum for mination, then the determination may be re- the Secretary of the Senate. hearing testimony, provided that all Mem- leased at his or her discretion. Each member PART II: SUPPLEMENTARY PROCEDURAL RULES bers have been given notice of the hearing of the Committee shall be given a reasonable and the Chairman has designated a Member opportunity to have separate views included RULE 1. GENERAL PROCEDURES of the Majority Party and the Vice Chairman as part of any Committee report. (See Rule 8 (a) Officers: In the absence of the Chair- has designated a Member of the Minority on Procedures for Handling Committee Sen- man, the duties of the Chair shall be filled by Party to be in attendance, either of whom in sitive and Classified Materials.) the Vice Chairman or, in the Vice Chair- the absence of the other may constitute the (k) Ineligibility or Disqualification of man’s absence, a Committee member des- quorum. Members and Staff: ignated by the Chairman. (e) Order of Business: Questions as to the (1) A member of the Committee shall be in- (b) Procedural Rules: The basic procedural order of business and the procedure of the eligible to participate in any Committee pro- rules of the Committee are stated as a part Committee shall in the first instance be de- ceeding that relates specifically to any of of the Standing Orders of the Senate in Sen- cided by the Chairman and Vice Chairman, the following: ate Resolution 338, 88th Congress, as amend- subject to reversal by a vote by a majority of (A) a preliminary inquiry or adjudicatory ed, as well as other resolutions and laws. the Committee. review relating to (i) the conduct of (I) such Supplementary Procedural Rules are stated (f) Hearings Announcements: The Com- member; (II) any officer or employee the herein and are hereinafter referred to as the mittee shall make public announcement of member supervises; or (ii) any complaint Rules. The Rules shall be published in the the date, place and subject matter of any filed by the member; and Congressional Record not later than thirty hearing to be conducted by it at least one (B) the determinations and recommenda- days after adoption, and copies shall be made week before the commencement of that hear- tions of the Committee with respect to any available by the Committee office upon re- ing, and shall publish such announcement in preliminary inquiry or adjudicatory review quest. the Congressional Record. If the Committee described in subparagraph (A). (c) Meetings: determines that there is good cause to com- For purposes of this paragraph, a member (1) The regular meeting of the Committee mence a hearing at an earlier date, such no- of the committee and an officer of the Sen- shall be the first Thursday of each month tice will be given at the earliest possible ate shall be deemed to supervise any officer while the Congress is in session. time. or employee consistent with the provision of (2) Special meetings may be held at the (g) Open and Closed Committee Meetings: paragraph 12 of rule XXXVII of the Standing call of the Chairman or Vice Chairman if at Meetings of the Committee shall be open to Rules of the Senate. least forty-eight hours notice is furnished to the public or closed to the public (executive (2) If any Committee proceeding appears to all members. If all members agree, a special session), as determined under the provisions relate to a member of the Committee in a meeting may be held on less than forty-eight of paragraphs 5 (b) to (d) of Rule XXVI of the manner described in subparagraph (1) of this hours notice. Standing Rules of the Senate. Executive ses- paragraph, the staff shall prepare a report to (3)(A) If any member of the Committee de- sion meetings of the Committee shall be the Chairman and Vice Chairman. If either sires that a special meeting of the Com- closed except to the members and the staff of the Chairman or the Vice Chairman con- mittee be called, the member may file in the the Committee. On the motion of any mem- cludes from the report that it appears that office of the Committee a written request to ber, and with the approval of a majority of the member may be ineligible, the member the Chairman or Vice Chairman for that spe- the Committee members present, other indi- shall be notified in writing of the nature of cial meeting. viduals may be admitted to an executive ses- the particular proceeding and the reason (B) Immediately upon the filing of the re- sion meeting for a specific period or purpose. that it appears that the member may be in- quest the Clerk of the Committee shall no- (h) Record of Testimony and Committee eligible to participate in it. If the member tify the Chairman and Vice Chairman of the Action: An accurate stenographic or tran- agrees that he or she is ineligible, the mem- filing of the request. If, within three cal- scribed electronic record shall be kept of all ber shall so notify the Chairman or Vice endar days after the filing of the request, the Committee proceedings, whether in execu- Chairman. If the member believes that he or Chairman or the Vice Chairman does not call tive or public session. Such record shall in- she is not ineligible, he or she may explain the requested special meeting, to be held clude Senators’ votes on any question on the reasons to the Chairman and Vice Chair- within seven calendar days after the filing of which a recorded vote is held. The record of man, and if they both agree that the member the request, any three of the members of the a witness’s testimony, whether in public or is not ineligible, the member shall continue Committee may file their written notice in executive session, shall be made available for to serve. But if either the Chairman or Vice the office of the Committee that a special inspection to the witness or his counsel Chairman continues to believe that the meeting of the Committee will be held at a under Committee supervision; a copy of any member is ineligible, while the member be- specified date and hour; such special meeting testimony given by that witness in public lieves that he or she is not ineligible, the may not occur until forty-eight hours after session, or that part of the testimony given matter shall be promptly referred to the the notice is filed. The Clerk shall imme- by the witness in executive session and sub- Committee. The member shall present his or diately notify all members of the Committee sequently quoted or made part of the record her arguments to the Committee in execu- of the date and hour of the special meeting. in a public session shall be made available to tive session. Any contested questions con- The Committee shall meet at the specified any witness if he so requests. (See Rule 5 on cerning a member’s eligibility shall be de- date and hour. Procedures for Conducting Hearings.) cided by a majority vote of the Committee, (d) Quorum: (i) Secrecy of Executive Testimony and Ac- meeting in executive session, with the mem- (1) A majority of the members of the Select tion and of Complaint Proceedings: ber in question not participating. Committee shall constitute a quorum for the (1) All testimony and action taken in exec- (3) A member of the Committee may, at transaction of business involving complaints utive session shall be kept secret and shall the discretion of the member, disqualify or allegations of, or information about, mis- not be released outside the Committee to himself or herself from participating in any February 26, 2001 CONGRESSIONAL RECORD — SENATE S1573 preliminary inquiry or adjudicatory review cy involved, the Committee may (1) utilize for the Committee to conclude that a viola- pending before the Committee and the deter- the services, information, or facilities of any tion within the jurisdiction of the Com- minations and recommendations of the Com- such department or agency of the Govern- mittee has occurred. mittee with respect to any such preliminary ment, and (2) employ on a reimbursable basis (b) Basis For Preliminary Inquiry: The inquiry or adjudicatory review. or otherwise the services of such personnel of Committee shall promptly commence a pre- (4) Whenever any member of the Com- any such department or agency as it deems liminary inquiry whenever it has received a mittee is ineligible under paragraph (1) to advisable. With the consent of any other sworn complaint, or other allegation of, or participate in any preliminary inquiry or ad- committee of the Senate, or any sub- information about, alleged misconduct or judicatory review, or disqualifies himself or committee, the Committee may utilize the violations pursuant to Rule 2. herself under paragraph (3) from partici- facilities and the services of the staff of such (c) Scope of Preliminary Inquiry: pating in any preliminary inquiry or adju- other committee or subcommittee whenever (1) The preliminary inquiry shall be of such dicatory review, another Senator shall be ap- the Chairman and Vice Chairman of the duration and scope as is necessary to deter- pointed by the Senate to serve as a member Committee, acting jointly, determine that mine whether there is substantial credible of the Committee solely for purposes of such such action is necessary and appropriate. evidence which provides substantial cause for the Committee to conclude that a viola- preliminary inquiry or adjudicatory review RULE 2: PROCEDURES FOR COMPLAINTS, tion within the jurisdiction of the Com- and the determinations and recommenda- ALLEGATIONS, OR INFORMATION tions of the Committee with respect to such mittee has occurred. The Chairman and Vice (a) Complaint, Allegation, or Information: preliminary inquiry or adjudicatory review. Chairman, acting jointly, on behalf of the Any member or staff member of the Com- Any member of the Senate appointed for Committee may supervise and determine the mittee shall report to the Committee, and such purposes shall be of the same party as appropriate duration, scope, and conduct of a any other person may report to the Com- the member who is ineligible or disqualifies preliminary inquiry. Whether a preliminary mittee, a sworn complaint or other allega- himself or herself. inquiry is conducted jointly by the Chairman tion or information, alleging that any Sen- (5) The President of the Senate shall be and Vice Chairman or by the Committee as ator, or officer, or employee of the Senate given written notice of the ineligibility or a whole, the day to day supervision of a pre- has violated a law, the Senate Code of Offi- disqualification of any member from any liminary inquiry rests with the Chairman cial Conduct, or any rule or regulation of the preliminary inquiry, adjudicatory review, or and Vice Chairman, acting jointly. Senate relating to the conduct of any indi- other proceeding requiring the appointment (2) A preliminary inquiry may include any vidual in the performance of his or her duty of another member in accordance with sub- inquiries, interviews, sworn statements, as a Member, officer, or employee of the Sen- paragraph (k)(4). depositions, or subpoenas deemed appro- ate, or has engaged in improper conduct (6) A member of the Committee staff shall priate to obtain information upon which to which may reflect upon the Senate. Such be ineligible to participate in any Com- make any determination provided for by this complaints or allegations or information mittee proceeding that the staff director or Rule. may be reported to the Chairman, the Vice outside counsel determines relates specifi- (d) Opportunity for Response: A prelimi- Chairman, a Committee member, or a Com- cally to any of the following: nary inquiry may include an opportunity for (A) the staff member’s own conduct; mittee staff member. any known respondent or his or her des- (B) the conduct of any employee that the (b) Source of Complaint, Allegation, or In- ignated representative to present either a staff member supervises; formation: Complaints, allegations, and in- written or oral statement, or to respond (C) the conduct of any Member, officer or formation to be reported to the Committee orally to questions from the Committee. employee for whom the staff member has may be obtained from a variety of sources, Such an oral statement or answers shall be worked for any substantial period; or including but not limited to the following: transcribed and signed by the person pro- (D) a complaint, sworn or unsworn, that (1) sworn complaints, defined as a written viding the statement or answers. was filed by the staff member. At the direc- statement of facts, submitted under penalty (e) Status Reports: The Committee staff or tion or with the consent of the staff director of perjury, within the personal knowledge of outside counsel shall periodically report to or outside counsel, a staff member may also the complainant alleging a violation of law, the Committee in the form and according to be disqualified from participating in a Com- the Senate Code of Official Conduct, or any the schedule prescribed by the Committee. mittee proceeding in other circumstances other rule or regulation of the Senate relat- The reports shall be confidential. not listed above. ing to the conduct of individuals in the per- (f) Final Report: When the preliminary in- (l) Recorded Votes: Any member may re- formance of their duties as members, offi- quiry is completed, the staff or outside coun- quire a recorded vote on any matter. cers, or employees of the Senate; sel shall make a confidential report, oral or (m) Proxies; Recording Votes of Absent (2) anonymous or informal complaints; written, to the Committee on findings and Members: (3) information developed during a study or recommendations, as appropriate. (1) Proxy voting shall not be allowed when inquiry by the Committee or other commit- (g) Committee Action: As soon as prac- the question before the Committee is the ini- tees or subcommittees of the Senate, includ- ticable following submission of the report on tiation or continuation of a preliminary in- ing information obtained in connection with the preliminary inquiry, the Committee quiry or an adjudicatory review, or the legislative or general oversight hearings; shall determine by a recorded vote whether issuance of a report or recommendation re- (4) information reported by the news there is substantial credible evidence which lated thereto concerning a Member or officer media; or provides substantial cause for the Com- of the Senate. In any such case an absent (5) information obtained from any indi- mittee to conclude that a violation within member’s vote may be announced solely for vidual, agency or department of the execu- the jurisdiction of the Committee has oc- the purpose of recording the member’s positive branch of the Federal Government. curred. The Committee may make any of the (c) Form and Content of Complaints: A tion and such announced votes shall not be following determinations: complaint need not be sworn nor must it be counted for or against the motion. (1) The Committee may determine that (2) On matters other than matters listed in in any particular form to receive Committee there is not such substantial credible evi- paragraph (m)(1) above, the Committee may consideration, but the preferred complaint dence and, in such case, the Committee shall order that the record be held open for the will: dismiss the matter. The Committee, or (1) state, whenever possible, the name, ad- vote of absentees or recorded proxy votes if Chairman and Vice Chairman acting jointly dress, and telephone number of the party fil- the absent Committee member has been in- on behalf of the Committee, may dismiss any ing the complaint; formed of the matter on which the vote oc- matter which, after a preliminary inquiry, is (2) provide the name of each member, offi- curs and has affirmatively requested the determined to lack substantial merit. The cer or employee of the Senate who is specifi- Chairman or Vice Chairman in writing that Committee shall inform the complainant of cally alleged to have engaged in improper he be so recorded. the dismissal. conduct or committed a violation; (3) All proxies shall be in writing, and shall (2) The Committee may determine that (3) state the nature of the alleged improper be delivered to the Chairman or Vice Chair- there is such substantial credible evidence, conduct or violation; man to be recorded. but that the alleged violation is inadvertent, (4) supply all documents in the possession (4) Proxies shall not be considered for the technical, or otherwise of a deminimis na- of the party filing the complaint relevant to purpose of establishing a quorum. ture. In such case, the Committee may dis- or in support of his or her allegations as an (n) Approval of Blind Trusts Between Ses- pose of the matter by issuing a public or pri- attachment to the complaint. sions and During Extended Recesses: During vate letter of admonition, which shall not be any period in which the Senate stands in ad- RULE 3: PROCEDURES FOR CONDUCTING A considered discipline and which shall not be journment between sessions of the Congress PRELIMINARY INQUIRY subject to appeal to the Senate. The issuance or stands in a recess scheduled to extend be- (a) Definition of Preliminary Inquiry: A of a letter of admonition must be approved yond fourteen days, the Chairman and Vice ‘‘preliminary inquiry’’ is a proceeding under- by the affirmative recorded vote of no fewer Chairman, or their designees, acting jointly, taken by the Committee following the re- than four members of the Committee voting. are authorized to approve or disapprove blind ceipt of a complaint or allegation of, or in- (3) The Committee may determine that trusts under the provision of Rule XXXIV. formation about, misconduct by a Member, there is such substantial credible evidence (o) Committee Use of Services or Employ- officer, or employee of the Senate to deter- and that the matter cannot be appropriately ees of Other Agencies and Departments: With mine whether there is substantial credible disposed of under paragraph (2). In such case, the prior consent of the department or agen- evidence which provides substantial cause the Committee shall promptly initiate an S1574 CONGRESSIONAL RECORD — SENATE February 26, 2001

adjudicatory review in accordance with Rule shall also explain fully the reasons under- RULE 5: PROCEDURES FOR HEARINGS 4. No adjudicatory review of conduct of a lying the Committee’s recommendation con- (a) Right to Hearing: The Committee may Member, officer, or employee of the Senate cerning disciplinary action, if any. No adju- hold a public or executive hearing in any may be initiated except by the affirmative dicatory review of conduct of a Member, offi- preliminary inquiry, adjudicatory review, or recorded vote of not less than four members cer or employee of the Senate may be con- other proceeding. The Committee shall ac- of the Committee. ducted, or report or resolution or rec- cord a respondent an opportunity for a hear- RULE 4: PROCEDURES FOR CONDUCTING AN ommendation relating to such an adjudica- ing before it recommends disciplinary action ADJUDICATORY REVIEW tory review of conduct may be made, except against that respondent to the Senate or be- by the affirmative recorded vote of not less (a) Definition of Adjudicatory Review: An fore it imposes on order of restitution or rep- than four members of the Committee. rimand. (See Rule 4(d)). ‘‘adjudicatory review’’ is a proceeding under- (2) Pursuant to S. Res. 338, as amended, taken by the Committee after a finding, on section 2 (a), subsections (2), (3), & (4), after (b) Non-Public Hearings: The Committee the basis of a preliminary inquiry, that there receipt of the report prescribed by paragraph may at any time during a hearing determine is substantial cause for the Committee to (f) of this rule, the Committee may make in accordance with paragraph 5(b) of Rule conclude that a violation within the jurisdic- any of the following recommendations for XXVI of the Standing Rules of the Senate tion of the Committee has occurred. disciplinary action or issue an order for rep- whether to receive the testimony of specific (b) Scope of Adjudicatory Review: When rimand or restitution, as follows: witnesses in executive session. If a witness the Committee decides to conduct an adju- (i) In the case of a Member, a recommenda- desires to express a preference for testifying dicatory review, it shall be of such duration tion to the Senate for expulsion, censure, in public or in executive session, he or she and scope as is necessary for the Committee payment of restitution, recommendation to shall so notify the Committee at least five to determine whether a violation within its a Member’s party conference regarding the days before he or she is scheduled to testify. jurisdiction has occurred. An adjudicatory Member’s seniority or positions of responsi- (c) Adjudicatory Hearings: The Committee review shall be conducted by outside counsel bility, or a combination of these; may, by the recorded vote of not less than as authorized by section 3(b)(1) of Senate (ii) In the case of an officer or employee, a four members of the Committee, designate Resolution 338 unless the Committee deter- recommendation to the Senate of dismissal, any public or executive hearing as an adju- mines not to use outside counsel. In the suspension, payment of restitution, or a dicatory hearing; and any hearing which is course of the adjudicatory review, designated combination of these; concerned with possible disciplinary action outside counsel, or if the Committee deter- (iii) In the case where the Committee de- against a respondent or respondents des- mines not to use outside counsel, the Com- termines, after according to the Member, of- ignated by the Committee shall be an adju- mittee or its staff, may conduct any inquir- ficer, or employee due notice and oppor- dicatory hearing. In any adjudicatory hear- ies or interviews, take sworn statements, use tunity for a hearing, that misconduct oc- ing, the procedures described in paragraph (j) compulsory process as described in Rule 6, or curred warranting discipline less serious shall apply. take any other actions that the Committee than discipline by the full Senate, and sub- (d) Subpoena Power: The Committee may deems appropriate to secure the evidence ject to the provisions of paragraph (h) of this require, by subpoena or otherwise, the at- necessary to make a determination. rule relating to appeal, by a unanimous vote tendance and testimony of such witnesses (c) Notice to Respondent: The Committee of six members order that a Member, officer and the production of such correspondence, shall give written notice to any known re- or employee be reprimanded or pay restitu- books, papers, documents or other articles as tion or both; spondent who is the subject of an adjudica- it deems advisable. (See Rule 6.) (iv) In the case where the Committee de- tory review. The notice shall be sent to the (e) Notice of Hearings: The Committee respondent no later than five working days termines that misconduct is inadvertent, technical, or otherwise of a de minimis na- shall make public an announcement of the after the Committee has voted to conduct an date, place, and subject matter of any hear- adjudicatory review. The notice shall include ture, issue a public or private letter of admonition to a Member, officer or employee, ing to be conducted by it, in accordance with a statement of the nature of the possible vio- Rule 1(f). lation, and description of the evidence indi- which shall not be subject to appeal to the (f) Presiding Officer: The Chairman shall cating that a possible violation occurred. Senate. (3) In the case where the Committee deter- preside over the hearings, or in his absence The Committee may offer the respondent an mines, upon consideration of all the evi- the Vice Chairman. If the Vice Chairman is opportunity to present a statement, orally dence, that the facts do not warrant a find- also absent, a Committee member designated or in writing, or to respond to questions ing that there is substantial credible evi- by the Chairman shall preside. If an oath or from members of the Committee, the Com- dence which provides substantial cause for affirmation is required, it shall be adminis- mittee staff, or outside counsel. the Committee to conclude that a violation tered to a witness by the Presiding Officer, (d) Right to a Hearing: The Committee within the jurisdiction of the Committee has or in his absence, by any Committee mem- shall accord a respondent an opportunity for occurred, the Committee may dismiss the ber. a hearing before it recommends disciplinary matter. (g) Witnesses: (1) A subpoena or other re- action against that respondent to the Senate (4) Promptly, after the conclusion of the quest to testify shall be served on a witness or before it imposes an order of restitution adjudicatory review, the Committee’s report sufficiently in advance of his or her sched- or reprimand (not requiring discipline by the and recommendation, if any, shall be for- uled appearance to allow the witness a rea- full Senate). warded to the Secretary of the Senate, and a (e) Progress Reports to Committee: The sonable period of time, as determined by the copy shall be provided to the complainant Committee, to prepare for the hearing and to Committee staff or outside counsel shall pe- and the respondent. The full report and rec- riodically report to the Committee con- employ counsel if desired. ommendation, if any, shall be printed and (2) The Committee may, by recorded vote cerning the progress of the adjudicatory re- made public, unless the Committee deter- view. Such reports shall be delivered to the of not less than four members of the Com- mines by the recorded vote of not less than mittee, rule that no member of the Com- Committee in the form and according to the four members of the Committee that it schedule prescribed by the Committee, and mittee or staff or outside counsel shall make should remain confidential. public the name of any witness subpoenaed shall be confidential. (h) Right of Appeal: (f) Final Report of Adjudicatory Review to (1) Any individual who is the subject of a by the Committee before the date of that Committee: Upon completion of an adjudica- reprimand or order of restitution, or both, witness’s scheduled appearance, except as tory review, including any hearings held pur- pursuant to subsection (g)(2)(iii), may, with- specifically authorized by the Chairman and suant to Rule 5, the outside counsel or the in 30 days of the Committee’s report to the Vice Chairman, acting jointly. staff shall submit a confidential written re- Senate of its action imposing a reprimand or (3) Any witness desiring to read a prepared port to the Committee, which shall detail order of restitution, or both, appeal to the or written statement in executive or public the factual findings of the adjudicatory re- Senate by providing written notice of the ap- hearings shall file a copy of such statement view and which may recommend disciplinary peal to the Committee and the presiding offi- with the Committee at least two working action, if appropriate. Findings of fact of the cer of the Senate. The presiding officer shall days in advance of the hearing at which the adjudicatory review shall be detailed in this cause the notice of the appeal to be printed statement is to be presented. The Chairman report whether or not disciplinary action is in the Congressional Record and the Senate and Vice Chairman shall determine whether recommended. Journal. such statements may be read or placed in the (g) Committee Action: (2) S. Res. 338 provides that a motion to record of the hearing. (1) As soon as practicable following sub- proceed to consideration of an appeal pursu- (4) Insofar as practicable, each witness mission of the report of the staff or outside ant to paragraph (1) shall be highly privi- shall be permitted to present a brief oral counsel on the adjudicatory review, the Com- leged and not debatable. If the motion to opening statement, if he or she desires to do mittee shall prepare and submit a report to proceed to consideration of the appeal is so. the Senate, including a recommendation or agreed to, the appeal shall be decided on the (h) Right To Testify: Any person whose proposed resolution to the Senate concerning basis of the Committee’s report to the Sen- name is mentioned or who is specifically disciplinary action, if appropriate. A report ate. Debate on the appeal shall be limited to identified or otherwise referred to in testi- shall be issued, stating in detail the Commit- 10 hours, which shall be divided equally be- mony or in statements made by a Committee tee’s findings of fact, whether or not discipli- tween, and controlled by, those favoring and member, staff member or outside counsel, or nary action is recommended. The report those opposing the appeal. any witness, and who reasonably believes February 26, 2001 CONGRESSIONAL RECORD — SENATE S1575 that the statement tends to adversely affect (D) At least one working day before a ceipt of the corrected version. The Chairman his or her reputation may— witness’s scheduled appearance, a witness or and Vice Chairman, acting jointly, may (1) Request to appear personally before the a witness’s counsel may submit to the Com- order the transcript of a hearing to be print- Committee to testify in his or her own be- mittee written questions proposed to be ed without the corrections of a member or half; or asked of that witness. If the Committee de- witness if they determine that such member (2) File a sworn statement of facts relevant termines that it is necessary, such questions or witness has been afforded a reasonable to the testimony or other evidence or state- may be asked by any member of the Com- time to correct such transcript and such ment of which he or she complained. Such mittee, or by any Committee staff member if transcript has not been returned within such request and such statement shall be sub- directed by a Committee member. The wit- time. mitted to the Committee for its consider- ness or witness’s counsel may also submit (3) The Committee shall furnish each wit- ation and action. additional sworn testimony for the record ness, at no cost, one transcript copy of that (i) Conduct of Witnesses and Other within twenty-four hours after the last day witness’s testimony given at a public hear- Attendees: The Presiding Officer may punish that the witness has testified. The insertion ing. If the testimony was given in executive any breaches of order and decorum by cen- of such testimony in that day’s record is sub- session, then a transcript copy shall be pro- sure and exclusion from the hearings. The ject to the approval of the Chairman and vided upon request, subject to appropriate conditions and restrictions prescribed by the Committee, by majority vote, may rec- Vice Chairman acting jointly within five Chairman and Vice Chairman. If any indi- ommend to the Senate that the offender be days after the testimony is received. cited for contempt of Congress. (6) Admissibility of evidence: vidual violates such conditions and restric- (j) Adjudicatory Hearing Procedures: (A) The object of the hearing shall be to as- tions, the Committee may recommend by (1) Notice of hearings: A copy of the public certain the truth. Any evidence that may be majority vote that he or she be cited for con- announcement of an adjudicatory hearing, relevant and probative shall be admissible, tempt of Congress. required by paragraph (e), shall be furnished unless privileged under the Federal Rules of RULE 6: SUBPOENAS AND DEPOSITIONS together with a copy of these Rules to all Evidence. Rules of evidence shall not be ap- (a) Subpoenas: witnesses at the time that they are subpoe- plied strictly but the Presiding Officer shall (1) Authorization for issuance: Subpoenas naed or otherwise summoned to testify. exclude irrelevant or unduly repetitious tes- for the attendance and testimony of wit- (2) Preparation for adjudicatory hearings: timony. Objections going only to the weight nesses at depositions or hearings, and sub- (A) At least five working days prior to the that should be given evidence will not justify poenas for the production of documents and commencement of an adjudicatory hearing, its exclusion. tangible things at depositions, hearings, or the Committee shall provide the following (B) The Presiding Officer shall rule upon other times and places designated therein, information and documents to the respond- any question of the admissibility of testi- may be authorized for issuance by either (A) ent, if any: mony or other evidence presented to the a majority vote of the Committee, or (B) the (i) a list of proposed witnesses to be called Committee. Such rulings shall be final un- Chairman and Vice Chairman, acting jointly, at the hearing; less reversed or modified by a recorded vote at any time during a preliminary inquiry, (ii) copies of all documents expected to be adjudicatory review, or other proceeding. introduced as exhibits at the hearing; and of not less than four members of the Com- mittee before the recess of that day’s hear- (2) Signature and service: All subpoenas (iii) a brief statement as to the nature of shall be signed by the Chairman or the Vice the testimony expected to be given by each ings. (C) Notwithstanding paragraphs (A) and Chairman and may be served by any person witness to be called at the hearing. eighteen years of age or older, who is des- (B) At least two working days prior to the (B), in any matter before the Committee involving allegations of sexual discrimination, ignated by the Chairman or Vice Chairman. commencement of an adjudicatory hearing, Each subpoena shall be served with a copy of the respondent, if any, shall provide the in- including sexual harassment, or sexual misconduct, by a Member, officer, or employee, the Rules of the Committee and a brief state- formation and documents described in divi- ment of the purpose of the Committee’s pro- sions, (i), (ii) and (iii) of subparagraph (A) to within the jurisdiction of the Committee, the Committee shall be guided by the stand- ceeding. the Committee. (3) Withdrawal of subpoena: The Com- ards and procedures of Rule 412 of the Fed- (C) At the discretion of the Committee, the mittee, by recorded vote of not less than four eral Rules of Evidence, except that the Com- information and documents to be exchanged members of the Committee, may withdraw mittee may admit evidence subject to the under this paragraph shall be subject to an any subpoena authorized for issuance by it provisions of this paragraph only upon a de- appropriate agreement limiting access and or authorized for issuance by the Chairman termination of not less than four members of disclosure. and Vice Chairman, acting jointly. The the full Committee that the interests of jus- (D) If a respondent refuses to provide the Chairman and Vice Chairman, acting jointly, tice require that such evidence be admitted. information and documents to the Com- may withdraw any subpoena authorized for (7) Supplementary hearing procedures: The mittee (see (A) and (B) of this subparagraph), issuance by them. Committee may adopt any additional special or if a respondent or other individual vio- (b) Depositions: lates an agreement limiting access and dis- hearing procedures that it deems necessary (1) Persons authorized to take depositions: closure, the Committee, by majority vote, or appropriate to a particular adjudicatory Depositions may be taken by any member of may recommend to the Senate that the of- hearing. Copies of such supplementary proce- the Committee designated by the Chairman fender be cited for contempt of Congress. dures shall be furnished to witnesses and re- and Vice Chairman, acting jointly, or by any (3) Swearing of witnesses: All witnesses spondents, and shall be made available upon other person designated by the Chairman who testify at adjudicatory hearings shall be request to any member of the public. and Vice Chairman, acting jointly, including sworn unless the Presiding Officer, for good (k) Transcripts: outside counsel, Committee staff, other em- cause, decides that a witness does not have (1) An accurate stenographic or recorded ployees of the Senate, or government em- to be sworn. transcript shall be made of all public and ex- ployees detailed to the Committee. (4) Right to counsel: Any witness at an ad- ecutive hearings. Any member of the Com- (2) Deposition notices: Notices for the tak- judicatory hearing may be accompanied by mittee, Committee staff member, outside ing of depositions shall be authorized by the counsel of his or her own choosing, who shall counsel retained by the Committee, or wit- Committee, or the Chairman and Vice Chair- be permitted to advise the witness of his or ness may examine a copy of the transcript man, acting jointly, and issued by the Chair- her legal rights during the testimony. retained by the Committee of his or her own man, Vice Chairman, or a Committee staff (5) Right to cross-examine and call wit- remarks and may suggest to the official remember or outside counsel designated by the nesses: porter any typographical or transcription er- Chairman and Vice Chairman, acting jointly. (A) In adjudicatory hearings, any respond- rors. If the reporter declines to make the re- Depositions may be taken at any time dur- ent and any other person who obtains the quested corrections, the member, staff mem- ing a preliminary inquiry, adjudicatory re- permission of the Committee, may person- ber, outside counsel or witness may request view or other proceeding. Deposition notices ally or through counsel cross-examine wit- a ruling by the Chairman and Vice Chairman shall specify a time and place for examina- nesses called by the Committee and may call acting jointly. Any member or witness shall tion. Unless otherwise specified, the deposi- witnesses in his or her own behalf. return the transcript with suggested correction shall be in private, and the testimony (B) A respondent may apply to the Com- tions to the Committee offices within five taken and documents produced shall be mittee for the issuance of subpoenas for the working days after receipt of the transcript, deemed for the purpose of these rules to have appearance of witnesses or the production of or as soon thereafter as is practicable. If the been received in a closed or executive session documents on his or her behalf. An applica- testimony was given in executive session, of the Committee. The Committee shall not tion shall be approved upon a concise show- the member or witness may only inspect the initiate procedures leading to criminal or ing by the respondent that the proposed tes- transcript at a location determined by the civil enforcement proceedings for a witness’s timony or evidence is relevant and appro- Chairman and Vice Chairman, acting jointly. failure to appear, or to testify, or to produce priate, as determined by the Chairman and Any questions arising with respect to the documents, unless the deposition notice was Vice Chairman. processing and correction of transcripts shall accompanied by a subpoena authorized for (C) With respect to witnesses called by a be decided by the Chairman and Vice Chair- issuance by the Committee, or the Chairman respondent, or other individual given permis- man, acting jointly. and Vice Chairman, acting jointly. sion by the Committee, each such witness (2) Except for the record of a hearing which (3) Counsel at depositions: Witnesses may shall first be examined by the party who is closed to the public, each transcript shall be accompanied at a deposition by counsel to called the witness or by that party’s counsel. be printed as soon as is practicable after re- advise them of their rights. S1576 CONGRESSIONAL RECORD — SENATE February 26, 2001 (4) Deposition procedure: Witnesses at by report or resolution such additional rules, procedures shall be given to each staff mem- depositions shall be examined upon oath ad- regulations, or other legislative measures as ber cleared for access to classified informa- ministered by an individual authorized by it determines to be necessary or desirable to tion. law to administer oaths, or administered by ensure proper standards of conduct by Mem- (3) Each member of the Committee shall any member of the Committee if one is bers, officers, or employees of the Senate. have access to classified material in the present. Questions may be propounded by The Committee may conduct such prelimi- Committee’s possession. Only Committee any person or persons who are authorized to nary inquiries as it deems necessary to pre- staff members with appropriate security take depositions for the Committee. If a wit- pare such a report or resolution, including clearances and a need-to-know, as approved ness objects to a question and refuses to tes- the holding of hearings in public or executive by the Chairman and Vice Chairman, acting tify, or refuses to produce a document, any session and the use of subpoenas to compel jointly, shall have access to classified infor- member of the Committee who is present the attendance of witnesses or the produc- mation in the Committee’s possession. may rule on the objection and, if the objection of materials. The Committee may make (c) Procedures for Handling Committee tion is overruled, direct the witness to an- legislative recommendations as a result of Sensitive and Classified Documents: swer the question or produce the document. its findings in a preliminary inquiry, adju- (1) Committee Sensitive documents and If no member of the Committee is present, dicatory review, or other proceeding. materials shall be stored in the Committee’s the individual who has been designated by (d) Educational Mandate; The Committee offices, with appropriate safeguards for the Chairman and Vice Chairman, acting shall develop and implement programs and maintaining the security of such documents jointly, to take the deposition may proceed materials designed to educate Members, offi- or materials. Classified documents and mate- with the deposition, or may, at that time or cers, and employees about the laws, rules, rials shall be further segregated in the Com- at a subsequent time, seek a ruling by tele- regulations, and standards of conduct appli- mittee’s offices in secure filing safes. Re- phone or otherwise on the objection from the cable to such individuals in the performance moval from the Committee offices of such Chairman or Vice Chairman of the Com- of their duties. documents or materials is prohibited except mittee, who may refer the matter to the (e) Applicable Rules and Standards of Con- as necessary for use in, or preparation for, Committee or rule on the objection. If the duct: interviews or Committee meetings, including Chairman or Vice Chairman, or the Com- (1) Notwithstanding any other provision of the taking of testimony, or as otherwise spe- mittee upon referral, overrules the objec- this section, no adjudicatory review shall be cifically approved by the staff director or by tion, the Chairman, Vice Chairman, or the initiated of any alleged violation of any law, outside counsel designated by the Chairman Committee as the case may be, may direct the Senate Code of Official Conduct, rule, or and Vice Chairman. the witness to answer the question or regulation which was not in effect at the (2) Each member of the Committee shall produce the document. The Committee shall time the alleged violation occurred. No pro- have access to all materials in the Commit- not initiate procedures leading to civil or visions of the Senate Code of Official Con- tee’s possession. The staffs of members shall criminal enforcement unless the witness re- duct shall apply to or require disclosure of not have access to Committee Sensitive or fuses to testify or produce documents after any act, relationship, or transaction which classified documents and materials without having been directed to do so. occurred prior to the effective date of the ap- the specific approval in each instance of the (5) Filing of depositions: Deposition testi- plicable provision of the Code. Chairman, and Vice Chairman, acting joint- mony shall be transcribed or electronically (2) The Committee may initiate an adju- ly. Members may examine such materials in recorded. If the deposition is transcribed, the dicatory review of any alleged violation of a the Committee’s offices. If necessary, re- individual administering the oath shall cer- rule or law which was in effect prior to en- quested materials may be hand delivered by tify on the transcript that the witness was actment of the Senate Code of Official Con- a member of the Committee staff to the duly sworn in his or her presence and the duct if the alleged violation occurred while member of the Committee, or to a staff per- transcriber shall certify that the transcript such rule or law was in effect and the viola- son(s) specifically designated by the mem- is a true record of the testimony. The tran- tion was not a matter resolved in the merits ber, for the Member’s or designated staffer’s script with these certifications shall be filed by the predecessor Committee. examination. A member of the Committee with the chief clerk of the Committee, and RULE 8: PROCEDURES FOR HANDLING COMMITTEE who has possession of Committee Sensitive the witness shall be furnished with access to SENSITIVE AND CLASSIFIED MATERIALS documents or materials shall take appro- a copy at the Committee’s offices for review. (a) Procedures for Handling Committee priate safeguards for maintaining the secu- Upon inspecting the transcript, within a Sensitive Materials: rity of such documents or materials in the time limit set by the Chairman and Vice (1) Committee Sensitive information or possession of the Member or his or her des- Chairman, acting jointly, a witness may re- material is information or material in the ignated staffer. quest in writing changes in the transcript to possession of the Select Committee on Eth- (3) Committee Sensitive documents that correct errors in transcription. The witness ics which pertains to illegal or improper con- are provided to a Member of the Senate in may also bring to the attention of the Com- duct by a present or former Member, officer, connection with a complaint that has been mittee errors of fact in the witness’s testi- or employee of the Senate; to allegations or filed against the Member shall be hand deliv- mony by submitting a sworn statement accusations of such conduct; to any resulting ered to the Member or to the Member’s Chief about those facts with a request that it be preliminary inquiry, adjudicatory review or of Staff or Administrative Assistant. Com- attached to the transcript. The Chairman other proceeding by the Select Committee mittee Sensitive documents that are pro- and Vice Chairman, acting jointly, may rule on Ethics into such allegations or conduct; vided to a Member of the Senate who is the on the witness’s request, and the changes or to the investigative techniques and proce- subject of a preliminary inquiry, adjudica- attachments allowed shall be certified by the dures of the Select Committee on Ethics; or tory review, or other proceeding, shall be Committee’s chief clerk. If the witness fails to the information or material designated by hand delivered to the Member or to his or to make any request under this paragraph the staff director, or outside counsel des- her specifically designated representative. within the time limit set, this fact shall be ignated by the Chairman and Vice Chairman. (4) Any Member of the Senate who is not a noted by the Committee’s chief clerk. Any (2) The Chairman and Vice Chairman of the member of the Committee and who seeks ac- person authorized by the Committee may Committee shall establish such procedures cess to any Committee Sensitive or classi- stipulate with the witness to changes in this as may be necessary to prevent the unau- fied documents or materials, other than doc- procedure. thorized disclosure of Committee Sensitive uments or materials which are matters of RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- information in the possession of the Com- public record, shall request access in writing. LATIVE RECOMMENDATIONS; EDUCATIONAL mittee or its staff. Procedures for protecting The Committee shall decide by majority MANDATE; AND APPLICABLE RULES AND Committee Sensitive materials shall be in vote whether to make documents or mate- STANDARDS OF CONDUCT writing and shall be given to each Com- rials available. If access is granted, the (a) Violations of Law: Whenever the Com- mittee staff member. Member shall not disclose the information mittee determines by the recorded vote of (b) Procedures for Handling Classified Ma- except as authorized by the Committee. not less than four members of the full Com- terials: (5) Whenever the Committee makes Com- mittee that there is reason to believe that a (1) Classified information or material is in- mittee Sensitive or classified documents or violation of law, including the provision of formation or material which is specifically materials available to any Member of the false information to the Committee, may designated as classified under the authority Senate who is not a member of the Com- have occurred, it shall report such possible of Executive Order 11652 requiring protection mittee, or to a staff person of a Committee violation to the proper Federal and state au- of such information or material from unau- member in response to a specific request to thorities. thorized disclosure in order to prevent dam- the Chairman and Vice Chairman, a written (b) Perjury: Any person who knowingly and age to the United States. record shall be made identifying the Member willfully swears falsely to a sworn complaint (2) The Chairman and Vice Chairman of the of the Senate requesting such documents or or any other sworn statement to the Com- Committee shall establish such procedures materials and describing what was made mittee does so under penalty of perjury. The as may be necessary to prevent the unau- available and to whom. Committee may refer any such case to the thorized disclosure of classified information (d) Non-Disclosure Policy and Agreement: Attorney General for prosecution. in the possession of the Committee or its (1) Except as provided in the last sentence (c) Legislative Recommendations: The staff. Procedure for handling such informa- of this paragraph, no member of the Select Committee shall recommend to the Senate tion shall be in writing and a copy of the Committee on Ethics, its staff or any person February 26, 2001 CONGRESSIONAL RECORD — SENATE S1577 engaged by contract or otherwise to perform the Press Photographers’ Gallery Committee such advisory opinion is rendered if the re- services for the Select Committee on Ethics of Press Photographers. quest for such advisory opinion included a shall release, divulge, publish, reveal by (5) Personnel providing coverage by the complete and accurate statement of the spe- writing, word, conduct, or disclose in any television and radio media and by still pho- cific factual situation; and way, in whole, or in part, or by way of sum- tography shall conduct themselves and the (B) any person involved in any specific mary, during tenure with the Select Com- coverage activities in an orderly and unob- transaction or activity which is indistin- mittee on Ethics or anytime thereafter, any trusive manner. guishable in all its material aspects from the testimony given before the Select Com- RULE 10: PROCEDURES FOR ADVISORY OPINIONS transaction or activity with respect to which mittee on Ethics in executive session (in- (a) When Advisory Opinions Are Rendered: such advisory opinion is rendered. cluding the name of any witness who ap- (1) The Committee shall render an advisory (2) Any person who relies upon any provi- peared or was called to appear in executive opinion, in writing within a reasonable time, sion or finding of an advisory opinion in ac- session), any classified or Committee Sen- in response to a written request by a Member cordance with the provisions of Senate Reso- sitive information, document or material, or officer of the Senate or a candidate for lution 338, 88th Congress, as amended, and of received or generated by the Select Com- nomination for election, or election to the the rules, and who acts in good faith in ac- mittee on Ethics or any classified or Com- Senate, concerning the application of any cordance with the provisions and findings of mittee Sensitive information which may law, the Senate Code of Official Conduct, or such advisory opinion shall not, as a result come into the possession of such person dur- any rule or regulation of the Senate within of any such act, be subject to any sanction ing tenure with the Select Committee on the Committee’s jurisdiction, to a specific by the Senate. Ethics or its staff. Such information, docu- factual situation pertinent to the conduct or RULE 11: PROCEDURES FOR INTERPRETATIVE ments, or material may be released to an of- proposed conduct of the person seeking the RULINGS ficial of the executive branch properly advisory opinion. (a) Basis for Interpretative Rulings: Senate cleared for access with a need-to-know, for (2) The Committee may issue an advisory Resolution 338, 88th Congress, as amended, any purpose or in connection with any pro- opinion in writing within a reasonable time authorizes the Committee to issue interpre- ceeding, judicial or otherwise, as authorized in response to a written request by any em- tative rulings explaining and clarifying the by the Select Committee on Ethics, or in the ployee of the Senate concerning the applica- application of any law, the Code of Official event of termination of the Select Com- tion of any law, the Senate Code of Official Conduct, or any rule or regulation of the mittee on Ethics, in such a manner as may Conduct, or any rule or regulation of the Senate within its jurisdiction. The Com- be determined by its successor or by the Sen- Senate within the Committee’s jurisdiction, mittee also may issue such rulings clarifying ate. to a specific factual situation pertinent to or explaining any rule or regulation of the (2) No member of the Select Committee on the conduct or proposed conduct of the per- Select Committee on Ethics. Ethics staff or any person engaged by con- son seeking the advisory opinion. (b) Request for Ruling: A request for such tract or otherwise to perform services for the (b) Form of Request: A request for an advi- a ruling must be directed in writing to the Select Committee on Ethics, shall be grant- sory opinion shall be directed in writing to Chairman or Vice Chairman of the Com- ed access to classified or Committee Sen- the Chairman of the Committee and shall in- mittee. sitive information or material in the posses- clude a complete and accurate statement of (c) Adoption of Ruling: sion of the Select Committee on Ethics un- the specific factual situation with respect to (1) The Chairman and Vice Chairman, act- less and until such person agrees in writing, which the request is made as well as the spe- ing jointly, shall issue a written interpretive as a condition of employment, to the non- cific question or questions which the re- ruling in response to any such request, un- disclosure policy. The agreement shall be- questor wishes the Committee to address. less— come effective when signed by the Chairman (c) Opportunity for Comment: (A) they cannot agree, and Vice Chairman on behalf of the Com- (1) The Committee will provide an oppor- (B) it requires an interpretation of a sig- mittee. tunity for any interested party to comment nificant question of first impression, or on a request for an advisory opinion. (C) either requests that it be taken to the RULE 9: BROADCASTING AND NEWS COVERAGE OF Committee, in which event the request shall COMMITTEE PROCEEDINGS (A) which requires an interpretation on a significant question of first impression that be directed to the Committee for a ruling. (a) Whenever any hearing or meeting of the (2) A ruling on any request taken to the will affect more than a few individuals; or Committee is open to the public, the Com- (B) when the Committee determines that Committee under subparagraph (1) shall be mittee shall permit that hearing or meeting comments from interested parties would be adopted by a majority of the members voting to be covered in whole or in part, by tele- of assistance. and the ruling shall then be issued by the vision broadcast, radio broadcast, still pho- (2) Notice of any such request for an advi- Chairman and Vice Chairman. (d) Publication of Ruling: The Committee tography, or by any other methods of cov- sory opinion shall be published in the Con- will publish in the Congressional Record, erage, unless the Committee decides by re- gressional Record, with appropriate dele- after making appropriate deletions to ensure corded vote of not less than four members of tions to insure confidentiality, and inter- confidentiality, any interpretative rulings the Committee that such coverage is not ap- ested parties will be asked to submit their issued under this Rule which the Committee propriate at a particular hearing or meeting. comments in writing to the Committee with- determines may be of assistance or guidance (b) Any witness served with a subpoena by in ten days. the Committee may request not to be photo- (3) All relevant comments received on a to other Members, officers or employees. The graphed at any hearing or to give evidence or timely basis will be considered. Committee may at any time revise, with- testimony while the broadcasting, reproduc- (d) Issuance of an Advisory Opinion: draw, or elaborate on interpretative rulings. tion, or coverage of that hearing, by radio, (1) The Committee staff shall prepare a (e) Reliance on Rulings: Whenever an indi- television, still photography, or other meth- proposed advisory opinion in draft form vidual can demonstrate to the Committee’s ods is occurring. At the request of any such which will first be reviewed and approved by satisfaction that his or her conduct was in witness who does not wish to be subjected to the Chairman and Vice Chairman, acting good faith reliance on an interpretative rul- radio, television, still photography, or other jointly, and will be presented to the Com- ing issued in accordance with this Rule, the methods of coverage, and subject to the ap- mittee for final action. If (A) the Chairman Committee will not recommend sanctions to proval of the Committee, all lenses shall be and Vice Chairman cannot agree, or (B) ei- the Senate as a result of such conduct. (f) Rulings by Committee Staff: The Com- covered and all microphones used for cov- ther the Chairman or Vice Chairman re- mittee staff is not authorized to make rul- erage turned off. quests that it be taken directly to the Com- ings or give advice, orally or in writing, (c) If coverage is permitted, it shall be in mittee, then the proposed advisory opinion which binds the Committee in any way. accordance with the following requirements: shall be referred to the Committee for its de- (1) Photographers and reporters using me- cision. RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- chanical recording, filming, or broadcasting (2) An advisory opinion shall be issued only ING IMPROPER USE OF THE MAILING FRANK apparatus shall position their equipment so by the affirmative recorded vote of a major- (a) Authority To Receive Complaints: The as not to interfere with the seating, vision, ity of the members voting. Committee is directed by section 6(b) of Pub- and hearing of the Committee members and (3) Each advisory opinion issued by the lic Law 93–191 to receive and dispose of com- staff, or with the orderly process of the Committee shall be promptly transmitted plaints that a violation of the use of the meeting or hearing. for publication in the Congressional Record mailing frank has occurred or is about to (2) If the television or radio coverage of the after appropriate deletions are made to in- occur by a Member or officer of the Senate hearing or meeting is to be presented to the sure confidentiality. The Committee may at or by a surviving spouse of a Member. All public as live coverage, that coverage shall any time revise, withdraw, or elaborate on such complaints will be processed in accord- be conducted and presented without commer- any advisory opinion. ance with the provisions of these Rules, ex- cial sponsorship. (e) Reliance on Advisory Opinions: cept as provided in paragraph (b). (3) Personnel providing coverage by the (1) Any advisory opinion issued by the (b) Disposition of Complaints: television and radio media shall be currently Committee under Senate Resolution 338, 88th (1) The Committee may dispose of any such accredited to the Radio and Television Cor- Congress, as amended, and the rules may be complaint by requiring restitution of the respondents’ Galleries. relied upon by— cost of the mailing, pursuant to the franking (4) Personnel providing coverage by still (A) Any person involved in the specific statue, if it finds that the franking violation photography shall be currently accredited to transaction or activity with respect to which was the result of a mistake. S1578 CONGRESSIONAL RECORD — SENATE February 26, 2001 (2) Any complaint disposed of by restitu- (7) An employee of a joint committee of direction of the Chairman and Vice Chair- tion that is made after the Committee has the Congress whose compensation is dis- man, and the immediate direction of the formally commenced an adjudicatory review, bursed by the Secretary of the Senate; staff director or outside counsel. must be summarized, together with the dis- (8) An officer or employee of any depart- (e) Notice of Summons To Testify: Each position, in a report to the Senate, as appro- ment or agency of the Federal Government member of the Committee staff or outside priate. whose services are being utilized on a full- counsel shall immediately notify the Com- (3) If a complaint is disposed of by restitu- time and continuing basis by a Member, offi- mittee in the event that he or she is called tion, the complainant, if any, shall be noti- cer, employee, or committee of the Senate in upon by a properly constituted authority to fied of the disposition in writing. accordance with Rule XLI(3) of the Standing testify or provide confidential information (c) Advisory Opinions and Interpretative Rules of the Senate; and obtained as a result of and during his or her Rulings: Requests for advisory opinions or (9) Any other individual whose full-time employment with the Committee. interpretative rulings involving franking services are utilized for more than ninety RULE 16: CHANGES IN SUPPLEMENTARY questions shall be processed in accordance days in a calendar year by a Member, officer, PROCEDURAL RULES with Rules 10 and 11. employee, or committee of the Senate in the (a) Adoption of Changes in Supplementary RULE 13: PROCEDURES FOR WAIVERS conduct of official duties in accordance with Rules: The Rules of the Committee, other (a) Authority for Waivers: The Committee Rule XLI(4) of the Standing Rules of the than rules established by statute, or by the is authorized to grant a waiver under the fol- Senate. Standing Rules and Standing Orders of the lowing provisions of the Standing Rules of RULE 15: COMMITTEE STAFF Senate, may be modified, amended, or sus- the Senate: (a) Committee Policy: pended at any time, pursuant to a recorded (1) Section 101(h) of the Ethics in Govern- (1) The staff is to be assembled and re- vote of not less than four members of the full ment Act of 1978, as amended (Rule XXXIV), tained as a permanent, professional, non- Committee taken at a meeting called with relating to the filing of financial disclosure partisan staff. due notice when prior written notice of the reports by individuals who are expected to (2) Each member of the staff shall be pro- proposed change has been provided each perform or who have performed the duties of fessional and demonstrably qualified for the member of the Committee. their offices or positions for less than one position for which he or she is hired. (b) Publication: Any amendments adopted hundred and thirty days in a calendar year; (3) The staff as a whole and each member to the Rules of this Committee shall be pub- (2) Section 102(a)(2)(D) of the Ethics in of the staff shall perform all official duties lished in the Congressional Record in accord- Government Act, as amended (Rule XXXIV), in a nonpartisan manner. ance with Rule XXVI(2) of the Standing relating to the reporting of gifts; (4) No member of the staff shall engage in Rules of the Senate. (3) Paragraph 1 of Rule XXXV relating to any partisan political activity directly af- acceptance of gifts; or f fecting any congressional or presidential (4) Paragraph 5 of Rule XLI relating to ap- TRIBUTES TO ALAN CRANSTON plicability of any of the provisions of the election. Code of Official Conduct to an employee of (5) No member of the staff or outside coun- ∑ Mr. CONRAD. Mr. President, I rise the Senate hired on a per diem basis. sel may accept public speaking engagements today to join my colleagues in mourn- (b) Requests for Waivers: A request for a or write for publication on any subject that ing the death of our former colleague is in any way related to his or her employ- waiver under paragraph (a) must be directed from California, Senator Alan Cran- to the Chairman or Vice Chairman in writing ment or duties with the Committee without specific advance permission from the Chair- ston. The nation lost a truly remark- and must specify the nature of the waiver able man last December. being sought and explain in detail the facts man and Vice Chairman. alleged to justify a waiver. In the case of a (6) No member of the staff may make pub- Senator Alan Cranston had a long request submitted by an employee, the views lic, without Committee approval, any Com- and effective career of public service of his or her supervisor (as determined under mittee Sensitive or classified information, spanning six decades, including 24 paragraph 12 of Rule XXXVII of the Standing documents, or other material obtained dur- years as a United States Senator. He Rules of the Senate) should be included with ing the course of his or her employment with first entered public service in 1942 as the waiver request. the Committee. Chief of the Foreign Language Division (b) Appointment of Staff: (c) Ruling: The Committee shall rule on a of the Office of War Information in the waiver request by recorded vote with a ma- (1) The appointment of all staff members jority of those voting affirming the decision. shall be approved by the Chairman and Vice Executive Offices of the President. With respect to an individual’s request for a Chairman, acting jointly. This began his very productive life of waiver in connection with the acceptance or (2) The Committee may determine by ma- public service. reporting the value of gifts on the occasion jority vote that it is necessary to retain staff I served side-by-side with Senator of the individual’s marriage, the Chairman members, including staff recommended by a Cranston for six years. In those six and the Vice Chairman, acting jointly, may special counsel, for the purpose of a par- years alone he had his hand in many rule on the waiver. ticular preliminary inquiry, adjudicatory re- fundamental pieces of legislation. For view, or other proceeding. Such staff shall be (d) Availability of Waiver Determinations: example he produced the Cranston- A brief description of any waiver granted by retained only for the duration of that par- the Committee, with appropriate deletions ticular undertaking. Gonzales National Affordable Housing to ensure confidentiality, shall be made (3) The Committee is authorized to retain Act of 1990, the first major piece of available for review upon request in the and compensate counsel not employed by the housing legislation in a decade. He was Committee office. Waivers granted by the Senate (or by any department or agency of also the original author of the Cali- Committee pursuant to the Ethics in Gov- the Executive Branch of the Government) fornia Desert Protection Act, which ernment Act of 1978, as amended, may only whenever the Committee determines that was enacted in 1993. Throughout his be granted pursuant to a publicly available the retention of outside counsel is necessary long career, Senator Cranston was a request as required by the Act. or appropriate for any action regarding any complaint or allegation, preliminary in- true advocate for the environment, RULE 14: DEFINITION OF ‘‘OFFICER OR civil rights, and world peace. EMPLOYEE’’ quiry, adjudicatory review, or other proceeding, which in the determination of the Whether one agreed or disagreed with (a) As used in the applicable resolutions Committee, is more appropriately conducted Alan Cranston’s views, we here in the and in these rules and procedures, the term by counsel not employed by the Government ‘‘officer or employee of the Senate’’ means: Senate will always remember him for (1) An elected officer of the Senate who is of the United States as a regular employee. his integrity and dedication. Alan not a Member of the Senate; The Committee shall retain and compensate Cranston fought tirelessly for his be- (2) An employee of the Senate, any com- outside counsel to conduct any adjudicatory liefs, no matter what the consequence. review undertaken after a preliminary in- mittee or subcommittee of the Senate, or Yet he was also kind, energetic, and any Member of the Senate; quiry, unless the Committee determines that the use of outside counsel is not appropriate thoughtful. (3) The Legislative Counsel of the Senate Put simply, I admired and respected or any employee of his office; in the particular case. (4) An Official Reporter of Debates of the (c) Dismissal of Staff: A staff member may Senator Alan Cranston. I would now Senate and any person employed by the Offi- not be removed for partisan, political rea- like to take this opportunity to extend cial Reporters of Debates of the Senate in sons, or merely as a consequence of the rota- my thoughts and prayers to his sister connection with the performance of their of- tion of the Committee membership. The Eleanor Cranston, his son Kim, his ficial duties; Chairman and Vice Chairman, acting jointly, daughter-in-law Collette Penne Cran- (5) A member of the Capitol Police force shall approve the dismissal of any staff ston, his granddaughter Evan Cran- whose compensation is disbursed by the Sec- member. retary of the Senate; (d) Staff Works for Committee as a Whole: ston, and to his remaining friends, fam- (6) An employee of the Vice President, if All staff employed by the Committee or ily and staff. We will all miss him.∑ such employee’s compensation is disbursed housed in Committee offices shall work for Mr. HARKIN. Mr. President, when I by the Secretary of the Senate; the Committee as a whole, under the general heard that my friend, Alan Cranston, February 26, 2001 CONGRESSIONAL RECORD — SENATE S1579 passed away this New Year’s Eve, I thing to do. He spoke out about nu- freeze and for being tarred by the so-called couldn’t quite believe it. I remember clear weapons long before the disar- Keating Five scandal. While all true, that Alan as a man in a constant state of mament movement took root in the doesn’t begin to describe a political career of motion, always pressing on for the popular imagination. amazing productivity and accomplishment, showing just how much one person quietly causes he cared for, plotting the next And he believed in the notion of uni- can do to shape his or her times. steps, pondering how he could do more. form world law decades before the rise By one count, there were 2,500 tallies in the It is hard to reconcile the finality of of the global age. In fact, many decades Senate between 1969 and 1989 that were de- death with the endless, focused energy ago, he was the leader of the World cided by fewer than five votes, and often by that defined his life. Federalist Association, a group dedi- a single vote. Cranston was often a crucial Alan’s record of service spans the cated to the idea of establishing a uni- player, not only for his vote alone but as a better part of the twentieth century. form world law. Back then, the WFA behind-the-scene strategist, head counter, He was a journalist who covered World marshaler of forces and shrewd compromiser must have seemed like a somewhat ec- who always lived to fight another day. War II, an author who warned Ameri- centric organization, oddly out of He was frequently one-half of various Sen- cans about the threat of Hitler, a lead- synch with the times. ate odd-couple pairings, meshing his prin- er of an organization that opposed dis- But it was vintage Alan, just another ciples with pragmatism. He teamed with con- crimination against immigrants, long manifestation of his profound idealism. servative Senators such as Strom Thurmond before that was fashionable. Alan really believed that people of all (R-S.C.) to improve veterans programs, He revived the California Democratic different nationalities and races and Alfonse D’Amato (R-N.Y.) on public housing party in the 1950’s, was the California ethnicities could rise to meet the measures and the legendary Barry Goldwater state controller in the 1960’s, and (R-Ariz.) to protect press freedoms guaran- standard of a just rule of law. teed under the First Amendment. served his first term in the United Alan once said of nuclear deterrence: Cranston was liberal and an idealist to the States Senate in the 1970’s. He was a ‘‘This may have been necessary during core, but never an ideologue or blindly par- Senator for 24 years, including seven the cold war; it is not necessary for- tisan. That balance enabled him to become consecutive terms as Democratic whip, ever. It is not acceptable forever. I say one of the most durable and successful Cali- and he even made a run for the Presi- it is unworthy of our nation, unworthy fornia politicians of the 20th century. He was dency in 1984. And since his retirement of any nation; it is unworthy of civili- elected six times to statewide office from California. from the Senate in 1993, Alan had dedi- zation.’’ Representing the West Coast megastate in cated himself to the cause he cared Alan had the highest hopes for our the Senate meant skillfully balancing myr- about most; eliminating nuclear weap- world. We owe it to him to try to live iad insistent and often conflicting home- ons. up to them and to carry out his legacy state interests. Even as California changed If you didn’t know Alan, his impres- of peace in the new millennium he did politically and demographically, Cranston sive list of accomplishments might not live to see. managed to steer a delicate course between lead you to think that he must have In conclusion, I ask that a recent ar- the state’s giant agribusiness interests and been a man of great showmanship and ticle from Roll Call on Alan Cranston those of consumers, family farmers and farm obvious charisma. But that wasn’t workers; he weighed the claims of home by Daniel Perry appear in the RECORD builders and growing communities against Alan. at the end of my remarks. the need to preserve open spaces and wildlife Alan believed in the philosophy of Dan Perry, a former staffer for Alan habitats. Lao-tzu: ‘‘A leader is best when people Cranston, is a leader in his own right. Amazingly, he helped end the Vietnam War barely know that he exists. But of a For years he has been on the forefront and was a major figure in the nation’s arms good leader, when his work is done, his of aging and health policy as head of control and peace movements, even as he ef- aim fulfilled, they will all say, ‘We did the Alliance for Aging Research. His fectively represented the epicenter of the na- this ourselves.’’’ Accordingly, Alan did tion’s defense and aerospace industries. remarks reflect his deep admiration for It is a measure of the man that he was able a lot of his work behind the scenes. He Senator Cranston and his commitment to separate the warriors of Vietnam from the had neither the time nor the patience to the Senator’s lofty ideals. war itself. From 1969 to 1992 all legislation for back-slapping and schmoozing: he The article is as follows: concerning America’s veterans bore his liked to cut to the chase, let you know [From Roll Call, Jan. 4, 2001] stamp, especially measures improving health care and mental health services for those what was what, and move on to the CRANSTON LEGACY SERVES AS MODEL FOR who fought in the nation’s most unpopular next thing. MEMBERS OF THE 107TH CONGRESS war. Alan was never loud or arrogant or (By Daniel Perry) flashy. He didn’t have to be. His au- Teaming up with the late Rep. Phillip Bur- The sharply divided 107th Congress would ton (D) of San Francisco on environmental thority came from a force deeper than do well to ponder the quiet but enduringly issues, the two Californians managed to personality. It came from his con- effective political skills of the late Sen. Alan place under federal protection as much acre- science. Cranston (D) of California. His 24-year Sen- age as all the national park lands created The anti-war activist, Father Daniel ate career, during tumultuous and partisan earlier in the 20th century combined. Berrigan, once talked about the danger times, showed that strong beliefs make good Today there is a catalog of thousands of of ‘‘verbalizing . . . moral impulses out politics, but success begins with respecting bills and amendments he personally au- of existence.’’ That was never within the motives and sincerity of others, includ- thored affecting virtually every aspect of na- the realm of possibility for Alan. ing your opponents. tional life: civil rights, adoption and foster Cranston’s sudden death, just hours before care reform, wild rivers, research to improve Whether he was standing up for vet- the first day of 2001, ended a life devoted to aging and longevity, workplace safety, emer- erans, working to save millions of issues about which he was passionate: Inter- gency medical services and much more. acres of desert and wilderness, or national peace and arms control, human He lived by the maxim that a leader can speaking out for nuclear disarmament, rights and protection of the environment. accomplish great things if he doesn’t mind Alan steadfastly followed his con- For this Californian the quest for high public who gets the credit. science, even when it led him to the office—even the United States Senate—was The Cranston style has not been much in uncharted paths or difficult places never a simple pursuit of power nor an end in evidence in Washington during recent years. However, Members in the 107th Congress— where no one else would go. itself. Politics and policy were the means by where many a cause will be determined by I don’t know whether it was the re- which he could help make the human pas- one or very few votes—would do well to consult of this active conscience or his sage on earth fairer, safer and more serene. sider the lessons of his enabling career. If fierce intellect or some combination of His commitment to halting future use of nu- they study the Cranston legacy and seek to the two, but Alan had this extraor- clear weapons began when he was introduced emulate it, the nation and the world will be dinary prescience, this ability to pre- to Albert Einstein in 1946. He was still work- better for it. dict with startling accuracy what the ing tirelessly toward that goal when he died, Mr. KENNEDY. Mr. President, Kim, future would bring. He understood the at age 86, eight years after he left the Sen- Colette, Evan, R.E.—let me begin by threat of Adolf Hitler long before many ate. saying I loved Alan too. I will never In the shorthand of the obituary writer, others, and he worked to warn us be- Cranston is remembered for winning four forget the 24 years of friendship and fore it was too late. He fought discrimi- Senate elections, serving seven consecutive leadership and achievement with which nation against immigrants, long before terms as Democratic Whip, for having run he graced the Senate and the nation. most of us realized that was the right for president as the champion of a nuclear So it’s a special privilege and honor for S1580 CONGRESSIONAL RECORD — SENATE February 26, 2001 me to be part of this tribute today. In many ways, his first love was the served here in the United States Sen- Alan is profoundly missed by his fam- Peace Corps, and I know that President ate. He wanted us to look, and he want- ily and friends, his colleagues in the Kennedy would have been very proud of ed us to leap. He implored us to put a Congress, and by all those around the him. Even before he came to the Sen- human face on public policy—to think world who pursue the great goals of ate, he had his first contact with the not in statistics and numbers and pro- hope and progress and peace. Corps, as a consultant for Sargent grams alone, but in terms of people: I must say, I grew up thinking Cran- Shriver. As Alan often said, he became and the people he spoke of most often ston was a city in Rhode Island. But involved because he was so inspired by were senior citizens, children, those Alan taught each of us that Cranston my brother’s vision of a world where without decent housing, immigrants, stands for something else as well, the Americans of all ages could work side- and those in need of a helping hand re- very best in public service. by-side with peoples throughout the gardless of race or religion. He was a Alan loved to lead behind the scenes, world to put an end to poverty. moral voice, a voice of conscience, for 14 of those 24 Senate years with us, Because of Alan, the Peace Corps someone who understood that even as he was our Democratic whip, and he today is thriving as never before—free he remained vigilant defending the wrote the book about the job. In those of the partisan tensions that divide us needs of the homefront in California, great years, we used to tease Alan on other issues, spreading inter- he was also a global citizen who knew about the position, because so few peo- national understanding of Alan’s and this institution had global responsibil- ple outside Congress knew what it in- America’s best ideals, educating new ities. volved. Since Alan was from California, generations of young Americans about Through four terms as a United a lot of people thought the Minority our common heritage as travelers on States Senator, he remained a man of Whip was the name of a Leather Bar in spaceship earth, teaching us about the enormous humility on his answering Malibu. beauty, the richness, and the diversity machine he was simply ‘‘Alan’’—as he But seriously, Alan was a giant of his of other peoples, other languages, and was to so many who knew him. This day on many issues, and his concern other cultures and about the enduring personal sense of place and restraint for social justice made him a leader on importance of the greatest pursuit of made it easy to underestimate the con- them all. We served together for many all, the pursuit of peace. tributions he made to the Senate, and years on the Labor Committee and es- Near the end of John Bunyan’s ‘‘Pil- to our country. Certainly he never pecially the Health Subcommittee, and grim’s Progress,’’ there is a passage paused long enough to personally re- his insights were indispensable. I al- mind us of the impact of his service, of ways felt that if we’d had another Alan that tells of the death of Valiant: Then, he said, I am going to my Father’s. the history he was a part of and the Cranston or two in those years, we’d lives he touched. have actually passed our Health Secu- And though with great difficulty I am got hither, yet now I do not regret me of all the I first met Alan in 1971 when I had re- rity Act, and made health care the trouble I have been at to arrive where I am. turned from Vietnam and many of our basic right for all that it ought to be, My sword I give to him that shall succeed me veterans were part of an effort to end a instead of just an expensive privilege in my pilgrimage, and my courage and skill failed American policy in Vietnam. In for the few. to him that can get it. My marks and scars Alan Cranston we found one of the few Perhaps the greatest legacy that I carry with me, to be a witness for me, that Senators willing not just to join in the Alan left us was his able and tireless I have fought his battle who now will be my public opposition to the war in Viet- rewarder. work for democracy and world peace. nam, but to become a voice of healing Every village in the world is closer to When the day that he must go hence was come, many accompanied him to the river- for the veterans of the war a statesman that goal today because of Alan. No whose leadership enabled others, over one in the Senate fought harder or side, into which as he went, he said, ‘Death, where is thy sting?’ and as he went down time, to separate their feelings for the more effectively for our nuclear weap- deeper, he said, ‘Grave, where is thy vic- war from their feelings for the veterans ons freeze in the 1980’s, or for nuclear tory?’ So he passed over, and all the trum- of the war. At a time when too many arms control. His hope for a nuclear- pets sounded for him on the other side. wanted to disown its veterans, Alan of- free future still represents the highest We loved you, Alan. We miss you. fered Vietnam veterans a warm em- aspiration of millions, even billions, And we always will. brace. He was eager to do something all throughout the world. Mr. KERRY. Mr. President, it is a I also recall Alan’s pioneering efforts too rare in Washington: listen—and he special privilege to join all of you to press for Senate action to end the listened to veterans who had much to today to honor the life and extraor- war in Vietnam, and his equally able say, much of it ignored for too long. He dinary accomplishments of Alan Cran- leadership for civil rights at home and honored their pride and their pain with ston. human rights around the world. We sensitivity and understanding. As we all know, Alan was a sprinter That’s when I first saw the great en- know how deeply he felt about injus- and—always with an incredible mis- ergy and commitment Alan brought to tice to anyone anywhere. His leader- chievous twinkle in his eye he sprinted the issues affecting veterans, espe- ship in the battle against apartheid in South Africa was indispensable. through life. I think one of the most cially those of the Vietnam era. He was Throughout his brilliant career, the enduring images of him is of Alan on deeply involved on veterans’ health causes of civil rights and human rights the eve of the Iowa caucuses in 1984 at care issues, among the first to fight for were central to Alan’s being and his the Holiday Inn in Keokuk, Iowa, recognition of post-Vietnam stress syn- mission—and America and the world sprinting barefooted down the 40-meter drome, and a leader in insisting on cov- are better off today because Alan Cran- hallway, walking back and repeating erage under the V.A. for its treatment. ston passed this way. the exercise for about 40 minutes. It When the Agent Orange issue came to A key part of all his achievements was no coincidence that Alan’s favorite the fore, Alan insisted on getting an- was his unique ability to translate his hotel in the country, Chicago’s O’Hare swers from an unresponsive govern- ideals into practical legislation. Few if Hilton, boasts 250-meter hallways. ment about the consequences of expo- any Senators have been as skilled as Three weeks ago in California we sure to dioxin, making sure that vet- Alan in the art of constructive legisla- shared a goodbye to our friend, this erans and their families got the health tive compromise that fairly leads to sprinter, at a memorial service—call- care they needed. Under his leadership progress for the Nation. ing to mind the many ways he enriched Congress grudgingly increased GI Bill He was a vigorous supporter of the public lives and personal relationships. benefits for Vietnam veterans—vet- Peace Corps, a strong overseer of its There in the Grace Cathedral, we erans who too often had to fight for performance, and a brilliant advocate heard Colette Cranston say that in benefits they should have been guaran- for all the Peace Corps Volunteers. He death Alan Cranston ‘‘has become my teed without question—indeed, for vet- was a champion for health coverage of Jiminy Cricket—that little voice in erans who had to fight if only to have returning Volunteers, and one of the her conscience that says, ‘Colette, a memorial and if only to have the gov- first to understand that good health think before you leap.’’’ It would not ernment recognize that they fought in coverage had to include mental health be an exaggeration to say that warning a war and not a police conflict Alan’s services too. was characteristic of Alan when he leadership made all the difference. It is February 26, 2001 CONGRESSIONAL RECORD — SENATE S1581 a sad truth in our country’s history tion/USA and in 1999, he founded the importantly, patients love it. They that a weary Nation seemed eager to Global Security Institute. love it because home health care al- turn its back on so many Vietnam vet- He did that because he sensed that lows seniors and others with disabil- erans who simply sought their due; it the end of the Cold War, with all the ities a feeling of independence and dig- should forever be a source of pride to opportunity it afforded, created a more nity, despite their illnesses. Often the Cranston family that Alan was dangerous world, with aging nuclear home health is an alternative to more chief among those who insisted that weapons in increasingly disparate and expensive services in hospitals, and, America honor that service and keep unreliable hands. He was haunted by thus, is a cost-effective alternative to faith with sons who left pieces of them- the threat of nuclear terrorism. He was providing care. selves and years of their lives on the passionate about the nuclear test ban However, folks, there is a home battlefield in that far-away Nation. treaty and was angry when it went health care crisis—too many seniors This was a man who fought with the down to a shallow and partisan defeat and disabled who should be receiving greatest of passion for those who had in the Senate. We missed his voice in health care services at home are not fought in a difficult war—even as he that debate; we miss him still more getting it. This is wrong. Many of our was also the Senator who fought today. most frail and vulnerable have had to against all that war represents—re- When he left the Senate, Alan re- be repeatedly hospitalized with prob- membering that war, brutality, and flected upon his service and his accom- lems that could have been avoided had killing are the ultimate failure of di- plishments. Of his lasting legacy, he they been continuing to receive their plomacy. said simply: ‘‘Most of all, I have dedi- home health benefits. Others are trying Alan Cranston was above all a man of cated myself to the cause of peace.’’ to pay for the care themselves, often peace. With him it was not just a pol- That dedication was real and last- on very limited means. Some are going icy but a passion. Remember: This was ing—a legacy of peace for a good and without care altogether. a man who, in 1934, found himself in peaceful man who gave living embodi- By the late 1990s, home health care was the fastest growing component of the same room as Adolf Hitler. Five ment to Culbertson’s simple, stubborn Medicare spending, growing at an aver- years later, he wrote a critical English faith that ‘‘God and the politicians age of 26 percent annually. We all know translation of Adolf Hitler’s ‘‘Mein willing, the United States can declare what happened next—in an effort to Kampf’’ in an effort to reveal the Ger- peace upon the world, and win it.’’ balance the budget and make the home man leader’s true plans. He wore Hit- That belief was Alan Cranston and it is health program more cost-effective and ler’s ensuing lawsuit as a badge of a belief worth fighting for. efficient, Congress in the Balanced honor, proud that he had stood up to f Budget Act of 1997, BBA, tried to cut try and warn the English-speaking HOME HEALTH CARE STABILITY the growth in Medicare spending. Un- world about the evils of Nazism. ACT fortunately, the real results of this ac- Throughout the rest of his service he tion went much farther than we in- Mr. BURNS. Mr. President, I rise used public office to force Americans tended, in large part because of faulty today to add my name as a cosponsor to listen to other prescient warnings— implementation and excessive regu- to the Home Health Care Stability Act about nuclear arms, about a dangerous latory requirements of the Health Care of 2001. I commend the leadership of my arms race spiraling beyond our control, Financing Administration, HCFA. As friends Senator COLLINS and Senator and about hopes for peace that he re- the cuts and regulations spun out-of- BOND and I am pleased to join my fused to give up even as others chose to control, health care providers strug- many other colleagues in support of beat the drums for war. gled to survive, while many were forced Senator Cranston came to his famous this very important piece of legisla- to close their doors entirely. Ulti- commitment to arms control after tion. mately, patients suffered the most. This bill is two-fold, it will perma- meeting with Albert Einstein in 1946. This story applies to patients and pro- nently eliminate the automatic 15 per- He left that meeting convinced that viders in all parts of Medicare, hos- the threat of atomic weapons had to be cent reduction in Medicare payments pitals, nursing homes, home health stemmed—and he spent the balance of to home health agencies that is cur- care providers, everyone. his life arguing that conviction before rently scheduled to go into effect on Now, on the horizon, is yet another the Nation. October 1, 2002 and will also extend the 15-percent cut that would put many of As a member of the Senate leadership temporary 10 percent add-on payment our already struggling home health and a senior voice on the Democratic for home health patients in rural areas agencies at risk and would seriously side of the Foreign Relations Com- to ensure that these patients continue jeopardize access to critical home mittee he worked to reduce the nuclear to have access to much-needed care. health services for millions of our Na- threat. One of his most important ef- Times are rapidly changing. Today tion’s seniors. In my State of Montana, forts was one of the least publicized. more than ever, patients are spending access to home health care is already a Throughout the 1970s and the 1980’s, less time in the hospital. More and problem for many, we cannot make Alan convened a unique arms control more, we are seeing procedures done on this problem worse. Home health and, study group the ‘‘SALT Study Group’’. an outpatient basis, with recovery and most importantly, the patients who de- This senators-only gathering met care for patients with chronic condi- pend on its services cannot afford this. monthly in his office, off the record, tions taking place in the home. In addi- We must act now. and face to face to define common tion, in my State of Montana, for ex- I am indeed proud that last year we ground. He knew the impact quiet di- ample, the number of elderly who are passed legislation, the Medicare, Med- plomacy could have on the issues he chronically ill or disabled continues to icaid, and S–CHIP Benefits Improve- cared about most of all. grow. How do we care properly and ment and Protection Act, which pro- He loved what the Peace Corps does, compassionately for these individuals? vided some relief to struggling home and he fought for it. He fought to at- As our population ages, the answer to health agencies. However, I do not tach human rights conditions on aid to this question becomes more and more think that it went far enough. First, El Salvador and to halt contra aid. He important. we must eliminate the 15 percent cut was a leading national advocate for a Increasingly, the answer for many is completely. The simple fact is that an mutual verifiable nuclear freeze. He home health care. Home health care is additional 15 percent cut in Medicare was always an idealist whose increase an important part of Medicare in which home health payments would spell in political power was always met by seniors and the disabled can get the death for those low-cost agencies which progress for the issues he cared about care they need, where they want it: in are currently struggling to hang on, so deeply. It was not just the work of a the comfort and security of their own and it would further reduce seniors’ ac- career, but of a lifetime—after he left homes. Additionally, home health care cess to critical home care services. We the Senate he chaired the State of the is a necessity because, for many, their have already delayed this 15 percent World Forum and joined with former health or physical condition makes it cut three times—the time has come to Soviet leader Mikhail Gorbachev as almost impossible to leave home. Not do away with it once and for all. Sec- chairman of the Gorbachev Founda- only is it convenient, but much more ondly, we must also make permanent S1582 CONGRESSIONAL RECORD — SENATE February 26, 2001 the temporary 10 percent add-on for the House-passed version of that bill sought this ideal, in his words, ‘‘to ob- home health services furnished pa- from the Judiciary Committee, adopt- tain without compromise such rights tients in rural areas. This, too, was in- ing a complete substitute, and sent it and privileges as belonged to members cluded in last year’s legislation, this back to the House. Unfortunately, the of civilization of which he was a part.’’ bill would make it permanent. House failed to act on our good faith John Thomas, an athlete from Mas- In Montana, we know too well how effort last year, and the Public Medal sachusetts, truly soared above his com- very expensive it is for home health of Valor was never enacted. petition. As a freshman at Boston Uni- agencies to deliver services to rural pa- This year, I have again worked with versity, Thomas established a new tients. They have to travel long dis- Senator STEVENS, Senator HATCH, and world record for the high jump at 7 tances, and it takes a long time to others to get this important bill feet, 11⁄4 inches in 1959. As the first ath- reach those patients. That all adds to passed. I urge my colleagues to work lete to consistently jump more than 7 the cost. towards improvements to ensure that feet, Thomas went on to break his own The Home Health Care Stability Act the Medal of Valor Board will work ef- record twice. He represented America will provide essential relief for our fectively and efficiently with the Na- in the 1960 Summer Olympics in Rome, home health agencies that are strug- tional Medal of Valor Office within the medaling in the high jump. In addition gling to make ends meet. I am proud to Department of Justice. Our legislation to his athletic activities, Thomas add my name as a cosponsor of this im- should establish both of these entities. served his local community as a leader portant piece of legislation. I hope we It is essential that they work well to- in several organizations, including the can get quick action on this bill to en- gether to design the Medal of Valor and Boy Scouts of America and the Na- sure that seniors and the disabled have to create the criteria and procedures tional Multiple Sclerosis Society. appropriate access to quality home for recommendations of nominees for Dorothy West was heralded as ‘‘the health care. the award. The men and women who last living member of the Harlem Ren- f will be honored by the Medal of Valor aissance’’ until her death in 1998. De- for their brave deeds deserve nothing spite her ties to the New York artists’ PUBLIC MEDAL OF VALOR ACT less. I hope the Senate will quickly act movement, her roots in Massachusetts Mr. LEAHY. Mr. President, I am on these changes to this important run deep. Ms. West was born near Mar- pleased to cosponsor the Public Safety measure. tha’s Vineyard and spent nearly her en- Officer Medal of Valor Act, S. 39, which f tire life there. Ms. West became an was introduced by Senator STEVENS. I award-winning writer when she was thank him for his hard work on this BLACK HISTORY MONTH still a teenager, and she started and important piece of legislation. Mr. KERRY. Mr. President, I’d like edited several literary magazines that I supported and cosponsored the Pub- to make a few comments today in rec- focused on black writers of the era. She lic Safety Officer Medal of Valor Act in ognition of Black History Month. For a returned to Martha’s Vineyard to fin- the last Congress as well. I was dis- quarter-century, our country has held ish her first novel, The Living is Easy, appointed that this legislation did not the month of February in special re- published in 1948, and to write her sec- become law then. In April and May, gard as a time to remember and reflect ond novel, The Wedding, later pub- 1999, I made sure that the Senate acted on the rich history and extraordinary lished in 1995. on this bill. On April 22, 1999, the Sen- achievements of African Americans. These stories provide meaningful ate Judiciary Committee took up that Today, I would like to speak about snapshot of how African Americans measure in regular order and reported some important and influential African have contributed greatly to Massachu- it unanimously. At that time I con- Americans from my home State of setts and our Nation. Their triumphs, gratulated Senator STEVENS for intro- Massachusetts. along with the everyday achievements ducing the measure and thanked him The diversity we celebrate during of African-Americans in my state, for his leadership. I noted that we had this month encompasses many areas. should be applauded. I am proud that worked together on a number of law African-American leaders should be my State has such a richly diverse his- enforcement matters and that the sen- recognized not only for their achieve- tory and I’m pleased we have set aside ior Senator from Alaska is a stalwart ments in the face of racial discrimina- this month to commemorate these ac- supporter of the men and women who tion, but for the accomplishments they complished individuals. I hope as a Na- put themselves at risk to protect us have made in a wide variety of occupation we will remember these achieve- all. I said that I looked forward to en- tions. Diversity stretches beyond race ments not only this month, but every- actment of this measure and to seeing and crosses into gender, age, and occu- day. the extraordinary heroism of our po- pation. The following men and women Mr. WELLSTONE. Mr. President, I lice, firefighters and correctional offi- cover a wide spectrum of interests, rise today to speak on behalf of this cers recognized with the Medal of eras, and accomplishments, and each year’s Black History Month theme, Valor. has made a significant contribution to ‘‘Creating and Defining the African On May 18, 1999, I was privileged to the Massachusetts community. American Community: Family, be on the floor of the Senate when we In 1845, Macon B. Allen became the Church, Politics and Culture.’’ I would proceeded to consider S. 39 and passed first African American officially ad- like to note that while we take time in it unanimously. I took that occasion to mitted to the bar, and he practiced law February to recall the contributions, commend Senator STEVENS and all who for many years in Worcester, Massa- accomplishments and services that our had worked so hard to move this meas- chusetts before moving to South Caro- fellow citizens have rendered, it is im- ure in a timely way. That was during lina, where he became one of the first portant to remember that the con- National Police Week nearly two years black Federal judges in the Nation. Mr. tributions of African Americans to ago. The measure was sent to the Allen set a precedent that opened America happen everyday in every House of Representatives where it lay many doors for the minority attorneys walk of life. dormant for the remainder of the 106th and judges who followed in his foot- Moreover, in our review of these vital Congress. steps. contributions, we are called upon to ac- Instead, the House, in the last Con- Dr. W.E.B DuBois has long been rec- knowledge the courage, talent, deter- gress, insisted that the Senate take up, ognized as a figure of leadership in Af- mination, leadership and vision of fix and pass the House-passed version rican-American history. Dr. Dubois those men, women and children who of this measure, H.R. 46, if it were to fought racism through words, writing made an impact in the face of incred- become law. House members indicated in such publications as the National ible obstacles. that they were prepared to accept most Association for the Advancement of This year’s theme, I believe, is funda- of the Senate-passed text, but insisted Colored People journal. He approached mental not only in defining the African that it be enacted under the House bill civil rights boldly, advocating the American community, but the Amer- number. In order to get this important eradication of all distinctions on the ican community at large. The struggle measure to the President, we did that basis of race or color. Throughout the for a better America begins with each on December 15, 2000. We discharged early half of the 20th century, DuBois individual and his or her call to civic February 26, 2001 CONGRESSIONAL RECORD — SENATE S1583 duty. The historical context of building family and community service, they high school performance measures con- a better America begins with gaining a are also showing us. sistently indicate that JROTC cadets deeper understanding of our history In the arena of politics, Ms. Neva attend class more frequently, are re- and how our social environment has Walker became the first African Amer- sponsible for fewer disciplinary infrac- been shaped. ican woman to be elected to the Min- tions, and are more likely to graduate. The civil rights movement helped our nesota Legislature just last fall. Given JROTC’s blend of local, State, and Fed- Nation, and particularly our govern- the dispiriting level of civic participa- eral involvement has also been a model ment, recognize that universal partici- tion in our society today, I truly am for good government, and it has spon- pation and rights are enjoined upon all appreciative of the vision and leader- sored teamwork not just in its cadets citizens, regardless of the color of their ship that Representative Walker brings but also in the agencies responsible for skin. One of the many lessons that can to her constituents and our state. I am the program. As many members know, be gleaned from this movement is that honored to know and work with Rep- I have long been a supporter of the it is our duty as Americans to embrace resentative Walker. As the first Afri- JROTC program, having secured $27 the diverse elements of our society so can American woman legislator in our million in supplemental appropriation that future generations can see them- state I know she will make important for JROTC in 1999. By removing the selves in our Nation’s past and realize changes, provide needed leadership, current limitations on its expansion, that they have a role to play in seizing and introduce legislation that will we are enabling more students to par- the future’s countless opportunities. greatly help many people. ticipate in what has proven to be an ex- In acknowledging the various ele- Our community also is extremely emplary program. The legislation ments of the African American com- privileged to have an organization with would remove the congressionally- munity of Family, Church, Politics and the capacity and outreach of African mandated ceiling of 3,500 JROTC units. Culture, I would like to acknowledge a American Family Services. For 25 It would also allow the Marine Corps to few of the outstanding contributions of years, this organization has reached continue to expand their program African Americans in the state of Min- out to the community to provide cul- which had previously been capped at nesota. Their efforts have helped shape turally specific services and programs 210 units. All together the Army, Air the social, economic and political land- ranging from providing critical serv- Force, Navy, and Marine Corps have scape of that vibrant community as ices in clinical health, family preserva- more than 2,700 school units totaling well as the community at large. tion, domestic violence, and adolescent over 425,000 cadets, with hundreds of Just recently, the United States violence prevention and anger manage- schools nationwide on waiting lists for Postal Service issued a stamp in its ment. In addition, this organization a JROTC program. JROTC has carried Postal Service’s Black Heritage com- provides its clients and the community bipartisan support since Congress es- memorative series. This stamp com- with a resource center, which includes tablished it in 1926. memorates the life and accomplish- a resource library and a technical as- I urge my colleagues to support this ments of one of the great leaders of the sistance center, which creates training legislation. civil rights movement, Mr. Roy Wil- programs to educate human resource f kins, who grew up in St. Paul and at- professionals on enhancing service de- NAVAL RESERVE’S 86TH tended the University of Minnesota. In livery to African American clients. BIRTHDAY 1931 he was appointed assistant execu- A tribute to some of the heroes of the tive secretary of the National Associa- Ms. LANDRIEU. Mr. President, on community would not be complete March 3rd we honor the 86th birthday tion for the Advancement of Colored without a mention of two men who People, NAACP, the largest civil rights of the United States Naval Reserve. brought so much joy to the fans of the Since 1915 the Naval Reserve has exem- organization in the U.S. From 1934 to Minnesota Twins. Mr. Kirby Puckett plified the highest virtues of loyalty, 1949 he was editor of The Crisis, the of- and Mr. Dave Winfield, who were both service, and sacrifice. They have served ficial magazine of the NAACP. Wilkins inducted into Major League Baseball’s and fought alongside their active duty served as a consultant to the War De- Hall of Fame, provided Twins fans in comrades from the Atlantic to the far partment on black employment during Minnesota and around the country reaches of the Pacific, to the jungles of World War II. After the war he contin- with some spectacular plays which will Vietnam and across the vast expanse of ued his service to the NAACP; he was forever be in our memories. Aside from the Arabian desert as a battle-tested executive secretary from 1955 to 1965 their outstanding professional accom- and skilled force that is the envy of the and executive director from 1965 until plishments, both players continue to be world. his retirement in 1977. He played a exemplary role models and community Back in 1915, no one could have imag- major role in the preparation of Brown leaders. ined the role that fledgling naval re- versus Board of Education of Topeka, Let us take this opportunity to reserve would play in supporting the 1954, and was one of the organizers of dedicate and re-invigorate ourselves, as Navy today. The term ‘‘Weekend War- the March on Washington in 1963. It is Americans, to the cause of working to- rior’’ no longer applies to these citizen- only fitting that the legacy of a man of gether to create a society which not soldiers. As a trained, professional and such integrity, vision, and deep convic- only understands the concept of unity well-equipped cadre of dedicated men tion is given tribute through this spe- in diversity, but lives it; which not and women, they are a key component cial recognition. His leadership and only preaches economic justice, but of everything the Navy does, both in dedication to the civil rights cause is implements it; that not only espouses peacetime and in war. Many of them exemplary. equality of opportunity, but ensures it. have made the ultimate sacrifice in the I am proud to honor the religious f cause of freedom and we honor their community not only for their spiritual JUNIOR RESERVE OFFICERS’ memory. guidance of the African American com- They serve on ships, in squadrons, on TRAINING CORPS munity, but also for their unwavering staffs, and in hospitals performing a efforts to improve the quality of life in Mr. GRAHAM. Mr. President, on Feb- myriad of tasks essential to mission our cities and state. The Coalition of ruary 15th, I was pleased to join Sen- accomplishment. Seamlessly inte- Black Churches in Minneapolis and the ator THURMOND in introducing a bill grated alongside their active-duty ship- St. Paul Ministerial Alliance truly that would remove current restrictions mates you cannot tell the difference have made a difference in the commu- preventing the expansion of the Junior between them. This is the reality of to- nity with their outreach on behalf of Reserve Officers Training Corps, day’s total force and what enables our their congregations and community, JROTC. This bill would also address marvelous military to remain engaged through their experience and sacrifice, the shortage of JROTC instructors by around the world. through their political will with their expanding the qualifying criteria to They have a proud heritage and a legislative agendas, and most impor- National Guard and Reserve Officers. bright future. In the spirit of the Min- tantly, through their leadership and There is nearly unanimous agreement utemen of Lexington and Concord exemplary behavior. They are not sim- that JROTC is turning today’s children these great Americans stand ready to ply preaching the meaning of values, into tomorrow’s leaders. Additionally, answer their Nation’s call at any time, S1584 CONGRESSIONAL RECORD — SENATE February 26, 2001 and the world is a better place because wish him and his family godspeed in Protection Agency, transmitting, pursuant of the sacrifice they and their families his retirement and in all of their future to law, the report of a rule entitled ‘‘Further make. endeavors. ∑ Revisions to the Clean Water Act Regulatory Definition of ‘Discharge of Dredged Mate- In my hometown of New Orleans, we f are fortunate enough to be rich in rial’: Delay of Effective Date’’ (FRL6945–3) MESSAGE FROM THE PRESIDENT received on February 12, 2001; to the Com- Naval history and tradition. We are the mittee on Environment and Public Works. proud home of the Naval Reserve Head- A message from the President of the EC–689. A communication from the Deputy quarters where Rear Admiral John United States was communicated to Associate Administrator of the Environ- Totushek commands more than 88,000 the Senate by Ms. Evans, one of his mental Protection Agency, transmitting, reservists across the United States and secretaries. pursuant to law, the report of a rule entitled ‘‘Lead and Lead Compounds; Lowering of Re- around the world. EXECUTIVE MESSAGE REFERRED As we set out in this new century, porting Thresholds; Community Right-to- As in executive session the Presiding Know Toxic Chemical Release Reporting; the importance of the Naval Reserve Officer laid before the Senate a mes- Delay of Effective Date’’ (FRL6722–10) re- has never been more clear. Tomorrow, ceived on February 13, 2001; to the Com- as today and for generations past, the sage from the President of the United States submitting a nomination which mittee on Environment and Public Works. razor sharp readiness of the United EC–690. A communication from the Chair- States Navy serves as a beacon to was referred to the Committee on Fi- man of the Federal Energy Regulatory Com- America’s friends and a warning to our nance. mission, transmitting, pursuant to law, the enemies, promising swift action, great (The nomination received today is annual report concerning internal account- victories and richer traditions yet to printed at the end of the Senate pro- ing and financial controls for Fiscal Year ceedings.) 2000; to the Committee on Energy and Nat- come. ural Resources. On this day, I offer warmest regards f EC–691. A communication from the Pro- to all members of the Naval Reserve, EXECUTIVE AND OTHER gram Analyst of the Federal Aviation Ad- and to the families who also serve by ministration, Department of Transportation, COMMUNICATIONS supporting them. You represent all transmitting, pursuant to law, the report of that is wonderful about our Nation. The following communications were a rule entitled ‘‘Amendment to Class E Air- space; Albia, IA; docket no. 00–ACE–33’’ f laid before the Senate, together with accompanying papers, reports, and doc- ((RIN2120–AA66)(2001–0049)) received on Feb- ADDITIONAL STATEMENTS uments, which were referred as indi- ruary 12, 2001; to the Committee on Com- merce, Science, and Transportation. cated: EC–692. A communication from the Pro- TRIBUTE TO LEON KENISON UPON EC–681. A communication from the Chief of gram Analyst of the Federal Aviation Ad- HIS RETIREMENT the Regulations Unit, Internal Revenue ministration, Department of Transportation, Service, Department of the Treasury, trans- transmitting, pursuant to law, the report of ∑ Mr. SMITH of New Hampshire. Mr. mitting, pursuant to law, the report of a rule a rule entitled ‘‘Establishment of Class E President, I rise today to honor Leon entitled ‘‘Weighted Average Interest Rate Airspace; Cape Lisburne, AK; docket no. 00– Kenison, an exemplary public official Update’’ (Notice 2001–15) received on Feb- AAL–11’’ ((RIN2120–AA66)(2001–0035)) received who dedicated himself to serving the ruary 13, 2001; to the Committee on Finance. on February 12, 2001; to the Committee on people of New Hampshire for almost EC–682. A communication from the Chief of Commerce, Science, and Transportation. the Regulations Unit, Internal Revenue EC–693. A communication from the Acting four decades. As Commissioner of the Assistant Secretary of Legislative Affairs, Department of Transportation since Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule Department of State, transmitting, pursuant 1996, he has brought to the office the entitled ‘‘Disclosure of Return Information to law, the report of a rule entitled ‘‘Visas: professional skills and knowledge of to the Bureau of the Census’’ ((RIN1545– Aliens Ineligible to Transit Without Visas the politics and practice of road build- AY51)(TD8943)) received on February 13, 2001; (TWOV)’’ (RIN1400–AA48) received on Feb- ing so vital to an agency that touches to the Committee on Finance. ruary 13, 2001; to the Committee on Foreign the lives of every person who lives in or EC–683. A communication from the Chief of Relations. EC–694. A communication from the Acting visits the Granite State. the Regulations Unit, Internal Revenue Service, Department of the Treasury, trans- Assistant Secretary of the Division of Trans- Leon began his career with the De- portation, Department of the Interior, trans- partment of Transportation in 1963, a mitting, pursuant to law, the report of a rule entitled ‘‘CPI Adjustment for Below-market mitting, pursuant to law, the report of a rule week before graduating from the Uni- entitled ‘‘Distribution of Fiscal Year 2001 In- Loans for 2001; Correction’’ (Ann. 2001–19) re- dian Reservation Roads Funds’’ (RIN1076– versity of New Hampshire. He is widely ceived on February 13, 2001; to the Com- AE09) received on February 16, 2001; to the respected for his transportation exper- mittee on Finance. tise at state, regional and national lev- Committee on Indian Affairs. EC–684. A communication from the Chief of EC–695. A communication from the Assist- els, and has chaired several key com- the Regulations Unit, Internal Revenue ant Chief Counsel for Legislation and Regu- mittees for the American Association Service, Department of the Treasury, trans- lations, Federal Transit Administration, De- of State Highway Transportation Offi- mitting, pursuant to law, the report of a rule partment of Transportation, transmitting, cials. During his tenure with the DOT, entitled ‘‘Purchase Price Allocations in pursuant to law, the report of a rule entitled Leon approached his work with a can- Deemed and Actual Asset Acquisitions’’ ‘‘Major Capital Investment Projects; Delay ((RIN1545–AY73)(TD8940)) received on Feb- do attitude, and balanced what needs of Effective Date’’ ((RIN2132–AA63)(2001– ruary 13, 2001; to the Committee on Finance. 0001)) received on February 12, 2001; to the to be done with what can be done. EC–685. A communication from the Chief of Throughout his career, Leon accom- Committee on Environment and Public the Regulations Unit, Internal Revenue Works. plished a great deal for transportation Service, Department of the Treasury, trans- EC–696. A communication from the Regula- in New Hampshire. The people of this mitting, pursuant to law, the report of a rule tions Officer of the Federal Highway Admin- state look upon him with tremendous entitled ‘‘Electronic Payee Statements’’ istration, Department of Transportation, gratitude and admiration for all that (RIN1545–AY00) received on February 13, 2001; transmitting, pursuant to law, the report of he has done. I have often sought Leon’s to the Committee on Finance. a rule entitled ‘‘Intelligent Transportation support and expertise on transpor- EC–686. A communication from the Chair- System Architecture Standards; Delay of Ef- man of the Nuclear Regulatory Commission, fective Date’’ ((RIN2125–AE65)(2001–0001)) re- tation issues. We worked closely to- transmitting, pursuant to law, the Annual gether to make sure that New Hamp- ceived on February 12, 2001; to the Com- Report of the Administration of the Govern- mittee on Environment and Public Works. shire’s needs were met in the Transpor- ment in the Sunshine Act for Calendar Year EC–697. A communication from the Assist- tation Equity Act for the 21st Century. 2000; to the Committee on Governmental Af- ant to the Board of Governors, Federal Re- Under his leadership, the DOT not only fairs. serve System, transmitting, pursuant to law, secured funding to complete major EC–687. A communication from the Chair- the report of a rule entitled ‘‘Credit by Bro- highway projects including Route 101 man of the Board of Governors, Federal Re- kers and Dealers (Regulation T); List of For- and I–93, but also placed more emphasis serve System, transmitting, pursuant to law, eign Margin Stocks’’ received on February the semiannual Monetary Policy Report for on environmental protection, car pools, 20, 2001; to the Committee on Banking, Hous- the period from July 2000 through February ing, and Urban Affairs. express bus, rail and other new pro- 2001; to the Committee on Banking, Housing, EC–698. A communication from the Acting grams. and Urban Affairs. Administrator of Transportation and Mar- It is an honor and a privilege to serve EC–688. A communication from Deputy As- keting, Department of Agriculture, trans- Leon Kenison in the U.S. Senate and I sociate Administrator of the Environmental mitting, pursuant to law, the report of a rule February 26, 2001 CONGRESSIONAL RECORD — SENATE S1585 entitled ‘‘National Organic Program’’ entitled ‘‘Guidance Under Section 472 Re- ceived on February 12, 2001; to the Com- (RIN0581–AA40) received on February 21, 2001; garding the Dollar-Value LIFO Inventory mittee on Commerce, Science, and Transpor- to the Committee on Agriculture, Nutrition, Method—Used Cars’’ (Rev. Proc. 2001–23) re- tation. and Forestry. ceived on February 12, 2001; to the Com- EC–719. A communication from the Deputy EC–699. A communication from the Con- mittee on Finance. Chief Counsel of the Research and Special gressional Review Coordinator of Policy and EC–709. A communication from the Chief of Programs Administration, Office of Pipeline Program Development, Animal and Plant the Regulations Unit, Internal Revenue Safety, Department of Transportation, Health Inspection Service, Department of Service, Department of the Treasury, trans- transmitting, pursuant to law, the report of Agriculture, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule a rule entitled ‘‘Areas Unusually Sensitive the report of a rule entitled ‘‘Specifically entitled ‘‘Update of Employee Plans Correc- to Environmental Damage: Delay of Effec- Approved States Authorized to Receive tion Procedures in Revenue Procedure 2000– tive Date’’ ((RIN2137–AC34)(2001–0002)) re- Mares and Stallions Imported from Regions 16’’ (Rev. Proc. 2001–17) received on February ceived on February 12, 2001; to the Com- where CEM Exists’’ (Docket No. 00–115–3) re- 12, 2001; to the Committee on Finance. mittee on Commerce, Science, and Transpor- ceived on February 21, 2001; to the Com- EC–710. A communication from the Chief of tation. mittee on Agriculture, Nutrition, and For- the Regulations Unit, Internal Revenue EC–720. A communication from the Regula- estry. Service, Department of the Treasury, trans- tions Officer of the Federal Motor Carrier EC–700. A communication from the Deputy mitting, pursuant to law, the report of a rule Safety Administration, Department of Assistant Secretary of Fish, Wildlife and entitled ‘‘Application of Employment Taxes Transportation, transmitting, pursuant to Parks, Ranger Activities Division Regula- to Statutory Options’’ (Notice 2001–14) re- law, the report of a rule entitled ‘‘Federal tions Program, Department of the Interior, ceived on February 12, 2001; to the Com- Motor Carrier Safety Regulations; Definition transmitting, pursuant to law, the report of mittee on Finance. of Commercial Motor Vehicle (CMV) Re- a rule entitled ‘‘Special Regulations; Areas EC–711. A communication from the Chief of quirements for Operators of Small Pas- of the National Park System; Winter Use in the Regulations Unit, Internal Revenue senger—Carrying CMV’s’’ (RIN2126–AA51) re- Yellowstone National Park, Grand Teton Na- Service, Department of the Treasury, trans- ceived on February 12, 2001; to the Com- tional Park, and Rockefeller Parkway’’ mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- (RIN1024–AC82) received on February 12, 2001; entitled ‘‘Applicable Federal Rates—Feb- tation. to the Committee on Energy and Natural Re- ruary 2001’’ (Rev. Rule 2001–7) received on EC–721. A communication from the Attor- ney of the National Highway Traffic Safety sources. February 12, 2001; to the Committee on Fi- EC–701. A communication from the Assist- nance. Administration, Department of Transpor- ant Secretary of Land and Minerals Manage- EC–712. A communication from the Chief of tation, transmitting, pursuant to law, the re- ment, Economics Division, Department of the Regulations Unit, Internal Revenue port of a rule entitled ‘‘Electric Vehicle the Interior, transmitting, pursuant to law, Service, Department of the Treasury, trans- Safety: Delay of Effective Date’’ ((RIN2127– the report of a rule entitled ‘‘Outer Conti- mitting, pursuant to law, the report of a rule AF43)(2001–0001)) received on February 12, 2001; to the Committee on Commerce, nental Shelf Oil and Gas Leasing’’ (RIN1010– entitled ‘‘Earnings and Profits Adjustments Science, and Transportation. AC69) received on February 21, 2001; to the on Exercise of Option’’ (Rev. Rule 2001–1, EC–722. A communication from the Chief of 2001–9) received on February 12, 2001; to the Committee on Energy and Natural Re- the Office of Regulations and Administrative Committee on Finance. sources. Law, United States Coast Guard, Depart- EC–702. A communication from the Chief of EC–713. A communication from the Chief of ment of Transportation, transmitting, pur- the Regulations Branch, U.S. Customs Serv- the Regulations Unit, Internal Revenue suant to law, the report of a rule entitled ice, Department of the Treasury, transmit- Service, Department of the Treasury, trans- ‘‘Regattas and Marine Parades (CGD 95–054): ting, pursuant to law, the report of a rule en- mitting, pursuant to law, the report of a rule Delay of Effective Date’’ ((RIN2115– entitled ‘‘Modification of Revenue Rule 2001– titled ‘‘Duty-Free Treatment for Certain AF17)(2001–0002)) received on February 12, 4’’ (Notice 2001–23) received on February 21, Beverages Made with Caribbean Rum’’ 2001; to the Committee on Commerce, 2001; to the Committee on Finance. (RIN1515–AC78) received on February 12, 2001; Science, and Transportation. EC–714. A communication from the Chief of to the Committee on Finance. EC–723. A communication from the Chief of the Regulations Unit, Internal Revenue EC–703. A communication from the Chief of the Office of Regulations and Administrative the Regulations Unit, Internal Revenue Service, Department of the Treasury, trans- Law, United States Coast Guard, Depart- Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule ment of Transportation, transmitting, pur- mitting, pursuant to law, the report of a rule entitled ‘‘Repeal of Installment Sale Restric- suant to law, the report of a rule entitled entitled ‘‘Deductibility of ESOP Redemption tion for Accrual Taxpayers’’ (Notice 2001–22) ‘‘Revision to Federal Blood Alcohol Con- Proceeds’’ (Revenue Rule 2001–6) received on received on February 21, 2001; to the Com- centration (BAC) Standards for Recreational February 12, 2001; to the Committee on Fi- mittee on Finance. Vessel Operators (USCA–1998–4593): Delay of nance. EC–715. A communication from the Chief of Effective Date’’ ((RIN2115–AF72)(2001–0002)) EC–704. A communication from the Chief of the Regulations Unit, Internal Revenue received on February 12, 2001; to the Com- the Regulations Unit, Internal Revenue Service, Department of the Treasury, trans- mittee on Commerce, Science, and Transpor- Service, Department of the Treasury, transmitting, pursuant to law, the report of a rule tation. mitting, pursuant to law, the report of a rule entitled ‘‘Modification of Section 13.02 of the EC–724. A communication from the Chief of entitled ‘‘Intermediary Transactions Tax Appendix to Revenue Procedure 99–49’’ (Rev. the Office of Regulations and Administrative Shelter’’ (Notice 2001–16, 2001–9) received on Proc. 2001–25, 2001–12) received on February Law, United States Coast Guard, Depart- February 12, 2001; to the Committee on Fi- 21, 2001; to the Committee on Finance. ment of Transportation, transmitting, pur- nance. EC–716. A communication from the Acting suant to law, the report of a rule entitled EC–705. A communication from the Chief of Vice President of Government Affairs, Na- ‘‘Drawbridge Regulations; Harlem River, NY the Regulations Unit, Internal Revenue tional Railroad Passenger Corporation, (CGD01–01–008)’’ ((RIN2115–AE47)(2001–0013)) Service, Department of the Treasury, trans- transmitting, pursuant to law, Amtrak’s An- received on February 12, 2001; to the Com- mitting, pursuant to law, the report of a rule nual Report, Legislative Report, and Grant mittee on Commerce, Science, and Transpor- entitled ‘‘Contingent Liability Tax Shelter’’ Request for Fiscal Year 2001; to the Com- tation. (Notice 2001–17, 2001–9) received on February mittee on Commerce, Science, and Transpor- EC–725. A communication from the Chief of 12, 2001; to the Committee on Finance. tation. the Office of Regulations and Administrative EC–706. A communication from the Chief of EC–717. A communication from the Trial Law, United States Coast Guard, Depart- the Regulations Unit, Internal Revenue Attorney of the Federal Railroad Adminis- ment of Transportation, transmitting, pur- Service, Department of the Treasury, trans- tration, Department of Transportation, suant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of ‘‘Drawbridge Regulations; Sanibel Causeway entitled ‘‘Appeals Settlement Guidelines: a rule entitled ‘‘Track Safety Standards Bridge (CGD07–01–005)’’ ((RIN2115–AE47)(2001– Retroactive Adoption of an Accident and Amendment to Address Gage Restraint 0012)) received on February 12, 2001; to the Health Plan’’ (UIL105.06–05) received on Feb- Measurement Systems: Delay of Effective Committee on Commerce, Science, and ruary 12, 2001; to the Committee on Finance. Date’’ ((RIN2130–AB32)(2001–0002)) received on Transportation. EC–707. A communication from the Chief of February 12, 2001; to the Committee on Com- EC–726. A communication from the Chief of the Regulations Unit, Internal Revenue merce, Science, and Transportation. the Office of Regulations and Administrative Service, Department of the Treasury, trans- EC–718. A communication from the Deputy Law, United States Coast Guard, Depart- mitting, pursuant to law, the report of a rule Chief Counsel of the Research and Special ment of Transportation, transmitting, pur- entitled ‘‘Modification of Revenue Procedure Programs Administration, Office of Pipeline suant to law, the report of a rule entitled 99–18 (Debt Substitutions)’’ (Rev. Proc. 2001– Safety, Department of Transportation, ‘‘Drawbridge Regulations; Chelsea River, MA 21, 2001–9) received on February 12, 2001; to transmitting, pursuant to law, the report of (CGD01–01–013)’’ ((RIN2115–AE47)(2001–0011)) the Committee on Finance. a rule entitled ‘‘Pipeline Safety: Pipeline In- received on February 12, 2001; to the Com- EC–708. A communication from the Chief of tegrity Management in High Consequence mittee on Commerce, Science, and Transpor- the Regulations Unit, Internal Revenue Areas (Hazardous Liquid Operators with 500 tation. Service, Department of the Treasury, trans- or more miles of pipelines): Delay of Effec- EC–727. A communication from the Chief of mitting, pursuant to law, the report of a rule tive Date’’ ((RIN2137–AD45)(2001–0002)) re- the Office of Regulations and Administrative S1586 CONGRESSIONAL RECORD — SENATE February 26, 2001 Law, United States Coast Guard, Depart- consumer, including the poor and the elder- the environment and improve effi- ment of Transportation, transmitting, pur- ly; and for other purposes; to the Committee ciency and encourage the early com- suant to law, the report of a rule entitled on Energy and Natural Resources. mercial application of advanced clean ‘‘Drawbridge Regulations; Brorein Street By Mr. MURKOWSKI (for himself, Mr. coal technologies, so as to allow coal to Bridge, across the Hillsborough River, BREAUX, Mr. LOTT, Mr. VOINOVICH, Tampa, FL (CGD07–01–009)’’ ((RIN2115– Mr. DOMENICI, Mr. CRAIG, Mr. CAMP- help meet the growing need of the AE47)(2001–0010)) received on February 12, BELL, Mr. THOMAS, Mr. SHELBY, Mr. United States for the generation of re- 2001; to the Committee on Commerce, BURNS, Mr. HAGEL, Mr. STEVENS, and liable and affordable electricity. Science, and Transportation. Mr. HUTCHINSON): S. 99 EC–728. A communication from the Chief of S. 389. A bill to protect the energy and se- At the request of Mr. KOHL, the name the Office of Regulations and Administrative curity of the United States and decrease of the Senator from Louisiana (Ms. Law, United States Coast Guard, Depart- America’s dependency on foreign oil sources LANDRIEU) was added as a cosponsor of ment of Transportation, transmitting, pur- to 50% by the year 2011 by enhancing the use suant to law, the report of a rule entitled of renewable energy resources conserving en- S. 99, a bill to amend the Internal Rev- ‘‘Drawbridge Regulations; Sacramento ergy resources, improving energy effi- enue Code of 1986 to provide a credit River, CA (CGD11–01–001)’’ ((RIN2115– ciencies, and increasing domestic energy against tax for employers who provide AE47)(2001–0015)) received on February 12, supplies; improve environmental quality by child care assistance for dependents of 2001; to the Committee on Commerce, reducing emissions of air pollutants and their employees, and for other pur- Science, and Transportation. greenhouse gases; mitigate the effect of in- poses. EC–729. A communication from the Chief of creases in energy prices on the American S. 120 the Office of Regulations and Administrative consumer, including the poor and the elder- Law, United States Coast Guard, Depart- ly; and for other purposes; to the Committee At the request of Mrs. FEINSTEIN, the ment of Transportation, transmitting, pur- on Finance. name of the Senator from Hawaii (Mr. suant to law, the report of a rule entitled By Mr. INOUYE: AKAKA) was added as a cosponsor of S. ‘‘Drawbridge Regulations; Hillsborough S. 390. A bill for the relief of Jim K. 120, a bill to establish a demonstration River, Tampa, FL (CGD07–01–003)’’ ((RIN2115– Yoshida; to the Committee on Veterans’ Af- project to increase teacher salaries and AE47)(2001–0014)) received on February 12, fairs. employee benefits for teachers who 2001; to the Committee on Commerce, By Mr. SPECTER: enter into contracts with local edu- S. 391. A bill to establish the Steel Indus- Science, and Transportation. cational agencies to serve as master EC–730. A communication from the Chief of try National Historic Park in the Common- the Office of Regulations and Administrative wealth of Pennsylvania; to the Committee teachers. Law, United States Coast Guard, Depart- on Energy and Natural Resources. S. 123 ment of Transportation, transmitting, pur- f At the request of Mrs. FEINSTEIN, the suant to law, the report of a rule entitled name of the Senator from Hawaii (Mr. ADDITIONAL COSPONSORS ‘‘Revision to Federal Blood Alcohol Con- AKAKA) was added as a cosponsor of S. centration (BAC) Standard for Recreational S. 29 123, a bill to amend the Higher Edu- Vessel Operators (USCG–1998–4593)’’ At the request of Mr. BOND, the cation Act of 1965 to extend loan for- (RIN2115–AF72) received on February 12, 2001; names of the Senator from New Mexico to the Committee on Commerce, Science, giveness for certain loans to Head and Transportation. (Mr. DOMENICI) and the Senator from Start teachers. EC–731. A communication from the Chief of Arkansas (Mr. HUTCHINSON) were added S. 135 the Office of Regulations and Administrative as cosponsors of S. 29, a bill to amend At the request of Mrs. FEINSTEIN, the Law, United States Coast Guard, Depart- the Internal Revenue Code of 1986 to name of the Senator from Hawaii (Mr. ment of Transportation, transmitting, pur- allow a deduction for 100 percent of the INOUYE) was added as a cosponsor of S. suant to law, the report of a rule entitled health insurance costs of self-employed 135, a bill to amend title XVIII of the ‘‘Drawbridge Regulations; Elizabeth River, individuals. Social Security Act to improve pay- Eastern Branch, Norfolk, Virginia (CGD05– 98–090)’’ ((RIN2115–AE47)(2001–0009)) received S. 39 ments for direct graduate medical edu- on February 12, 2001; to the Committee on At the request of Mr. LEAHY, his cation under the medicare program. Commerce, Science, and Transportation. name was added as a cosponsor of S. 39, S. 154 EC–732. A communication from the Chief of a bill to provide a national medal for At the request of Mr. SHELBY, the the Office of Regulations and Administrative public safety officers who act with ex- names of the Senator from Alabama Law, United States Coast Guard, Depart- traordinary valor above and beyond the (Mr. SESSIONS) and the Senator from ment of Transportation, transmitting, pur- call of duty, and for other purposes. Georgia (Mr. MILLER) were added as co- suant to law, the report of a rule entitled ‘‘Safety/Security Zone Regulations; At the request of Mr. STEVENS, the sponsors of S. 154, a bill to amend the Wrangell Narrows, Petersburg, AK (COTP names of the Senator from Utah (Mr. Uniformed and Overseas Citizens Ab- Southeast Alaska 01–001)’’ ((RIN2115– BENNETT), the Senator from Alabama sentee Voting Act to ensure uniform AA97)(2001–0002)) received on February 12, (Mr. SHELBY), the Senator from Ken- treatment by States of Federal over- 2001; to the Committee on Commerce, tucky (Mr. MCCONNELL), the Senator seas absentee ballots, to amend titles Science, and Transportation. from North Carolina (Mr. HELMS), the 10 and 18, United States Code, and the f Senator from Tennessee (Mr. FRIST), Revised Statutes to remove the uncer- the Senator from Iowa (Mr. HARKIN), INTRODUCTION OF BILLS AND tainty regarding the authority of the the Senator from Massachusetts (Mr. JOINT RESOLUTIONS Department of Defense to permit build- KERRY), and the Senator from Massa- ings located on military installations The following bills and joint resolu- chusetts (Mr. KENNEDY) were added as and reserve component facilities to be tions were introduced, read the first cosponsors of S. 39, supra. used as polling places in Federal, and second times by unanimous con- S. 60 State, and elections for public office, sent, and referred as indicated: At the request of Mr. BYRD, the and for other purposes. By Mr. MURKOWSKI (for himself, Mr. names of the Senator from South Da- S. 170 BREAUX, Mr. LOTT, Mr. VOINOVICH, kota (Mr. JOHNSON) and the Senator At the request of Mr. REID, the Mr. DOMENICI, Mr. CRAIG, Mr. CAMP- from Tennessee (Mr. THOMPSON) were names of the Senator from Arkansas BELL, Mr. THOMAS, Mr. SHELBY, Mr. INCOLN BURNS, Mr. HAGEL, Mr. STEVENS, and added as cosponsors of S. 60, a bill to (Mrs. L ), the Senator from Mr. HUTCHINSON): authorize the Department of Energy Maine (Ms. COLLINS), and the Senator S. 388. A bill to protect the energy and se- programs to develop and implement an from Minnesota (Mr. DAYTON) were curity of the United States and decrease accelerated research and development added as cosponsors of S. 170, a bill to America’s dependency on foreign oil sources program for advanced clean coal tech- amend title 10, United States Code, to to 50% by the year 2011 by enhancing the use nologies for use in coal-based elec- permit retired members of the Armed of renewable energy resources conserving en- tricity generating facilities and to Forces who have a service-connected ergy resources, improving energy effi- amend the Internal Revenue Code of disability to receive both military re- ciencies, and increasing domestic energy supplies; improve environmental quality by 1986 to provide financial incentives to tired pay by reason of their years of reducing emissions of air pollutants and encourage the retrofitting, repowering, military service and disability com- greenhouse gases; mitigate the effect of in- or replacement of coal-based elec- pensation from the Department of Vet- creases in energy prices on the American tricity generating facilities to protect erans Affairs for their disability. February 26, 2001 CONGRESSIONAL RECORD — SENATE S1587 S. 216 BAYH) was added as a cosponsor of S. ator from Alabama (Mr. SESSIONS) were At the request of Mr. SPECTER, the 379, a bill to establish the National added as cosponsors of S.Res. 22, supra. name of the Senator from Indiana (Mr. Commission on the Modernization of At the request of Mr. WELLSTONE, the BAYH) was added as a cosponsor of S. Federal Elections to conduct a study of name of the Senator from New Jersey 216, a bill to establish a Commission for Federal voting procedures and election (Mr. CORZINE) was added as a cosponsor the comprehensive study of voting pro- administration, to establish the Fed- of S.Res. 22, a resolution urging the ap- cedures in Federal, State, and local eral Election Modernization Grant Pro- propriate representative of the United elections, and for other purposes. gram to provide grants to States and States to the United Nations Commis- S. 278 localities for the modernization of vot- sion on Human Rights to introduce at At the request of Mr. JOHNSON, the ing procedures and election adminis- the annual meeting of the Commission name of the Senator from Maine (Ms. tration, and for other purposes. a resolution calling upon the Peoples COLLINS) was added as a cosponsor of S. S.CON.RES. 4 Republic of China to end its human 278, a bill to restore health care cov- At the request of Mr. NICKLES, the rights violations in China and Tibet, erage to retired members of the uni- name of the Senator from Kansas (Mr. and for other purposes. formed services. ROBERTS) was added as a cosponsor of S.RES. 27 S. 281 S.Con.Res. 4, a concurrent resolution At the request of Mr. HELMS, the At the request of Mr. HAGEL, the expressing the sense of Congress re- name of the Senator from Minnesota names of the Senator from Virginia garding housing affordability and en- (Mr. WELLSTONE) was added as a co- (Mr. WARNER), the Senator from Maine suring a competitive North American sponsor of S.Res. 27, a resolution to ex- (Ms. SNOWE), and the Senator from market for softwood lumber. press the sense of the Senate regarding Ohio (Mr. DEWINE) were added as co- S.CON.RES. 7 the 1944 deportation of the Chechen sponsors of S. 281, a bill to authorize At the request of Mr. KERRY, the people to central Asia, and for other the design and construction of a tem- names of the Senator from Texas (Mrs. purposes. porary education center at the Viet- HUTCHISON) and the Senator from f nam Veterans Memorial. North Carolina (Mr. HELMS) were added STATEMENTS ON INTRODUCED S. 289 as cosponsors of S.Con.Res. 7, a concur- BILLS AND JOINT RESOLUTIONS At the request of Mr. SESSIONS, the rent resolution expressing the sense of names of the Senator from Tennessee Congress that the United States should By Mr. SPECTER: (Mr. THOMPSON) and the Senator from establish an international education S. 391. A bill to establish the Steel Georgia (Mr. CLELAND) were added as policy to enhance national security Industry National Historic Park in the cosponsors of S. 289, a bill to amend the and significantly further United States Commonwealth of Pennsylvania; to the Internal Revenue Code of 1986 to pro- foreign policy and global competitive- Committee on Energy and Natural Re- vide additional tax incentives for edu- ness. sources. Mr. SPECTER. Mr. President, I have cation. S.CON.RES. 11 sought recognition to introduce legis- S. 295 At the request of Mrs. FEINSTEIN, the lation that will honor the importance At the request of Mr. KERRY, the names of the Senator from North Da- of the steel industry in the Common- name of the Senator from Hawaii (Mr. kota (Mr. DORGAN), the Senator from wealth of Pennsylvania and the nation AKAKA) was added as a cosponsor of S. Washington (Mrs. MURRAY), the Sen- by creating the ‘‘Steel Industry Na- 295, a bill to provide emergency relief ator from Delaware (Mr. BIDEN), the tional Historic Park’’ to be operated by to small businesses affected by signifi- Senator from Oklahoma (Mr. INHOFE), the National Park Service in south- cant increases in the prices of heating and the Senator from Nevada (Mr. EN- western Pennsylvania. oil, natural gas, propane, and kerosene, SIGN) were added as cosponsors of The importance of steel to the indus- and for other purposes. S.Con.Res. 11, a concurrent resolution trial development of the United States S. 325 expressing the sense of Congress to cannot be understated. A national park At the request of Mr. FRIST, the fully use the powers of the Federal devoted to the history of the steel in- names of the Senator from Hawaii (Mr. Government to enhance the science dustry will afford all Americans the op- INOUYE) and the Senator from Massa- base required to more fully develop the portunity to celebrate this rich herit- chusetts (Mr. KENNEDY) were added as field of health promotion and disease age, which is symbolic of the work cosponsors of S. 325, a bill to establish prevention, and to explore how strate- ethic endemic to this great nation. a congressional commemorative medal gies can be developed to integrate life- There is no better place for such a site for organ donors and their families. style improvement programs into na- than in southwestern Pennsylvania, S. 326 tional policy, our health care system, which played a significant role in early At the request of Ms. COLLINS, the schools, workplaces, families and com- industrial America. names of the Senator from Montana munities. I have long supported efforts to pre- (Mr. BURNS) and the Senator from New S.RES. 19 serve and enhance this historical steel- Jersey (Mr. TORRICELLI) were added as At the request of Mr. SPECTER, the related heritage through the Rivers of cosponsors of S. 326, a bill to amend name of the Senator from Louisiana Steel Heritage Area, which includes title XVIII of the Social Security Act (Mr. BREAUX) was added as a cosponsor the City of Pittsburgh, and seven to eliminate the 15 percent reduction of S.Res. 19, a resolution to express the southwestern Pennsylvania counties: in payment rates under the prospective sense of the Senate that the Federal in- Allegheny, Armstrong, Beaver, Fay- payment system for home health serv- vestment in biomedical research ette, Greene, Washington and West- ices and to permanently increase pay- should be increased by $3,400,000,000 in moreland. I have been very pleased ments for such services that are fur- fiscal year 2002. with congressional support for the im- nished in rural areas. S.RES. 20 portant work within the Rivers of S. 343 At the request of Mr. SPECTER, the Steel Heritage Area expressed through At the request of Mr. CAMPBELL, the names of the Senator from Ohio (Mr. appropriations levels of $1 million an- name of the Senator from South Da- VOINOVICH) and the Senator from nually since Fiscal Year 1998. I am kota (Mr. JOHNSON) was added as a co- Rhode Island (Mr. CHAFEE) were added hopeful that this support will continue sponsor of S. 343, a bill to establish a as cosponsors of S.Res. 20, a resolution however, more than just resources are demonstration project to authorize the designating March 25, 2001, as ‘‘Greek necessary. That is why I am intro- integration and coordination of Fed- Independence Day: A National Day of ducing this important legislation eral funding dedicated to the commu- Celebration of Greek and American De- today. nity, business, and economic develop- mocracy.’’ It is important to note why south- ment of Native American communities. S.RES. 22 western Pennsylvania should be the S. 379 At the request of Mr. HUTCHINSON, home to the national park that my leg- At the request of Mr. SCHUMER, the the names of the Senator from Con- islation authorizes. The combination of name of the Senator from Indiana (Mr. necticut (Mr. LIEBERMAN) and the Sen- a strong workforce, valuable natural S1588 CONGRESSIONAL RECORD — SENATE February 26, 2001 resources, and Pennsylvania’s strategic Works, the Carrie Furnace complex, and the (c) MEANS.—An acquisition of real property location in the heavily populated Hot Metal Bridge; and or personal property shall be made by dona- northeastern United States allowed the (3) despite substantial efforts by the Com- tion. steel industry to thrive. Today, the re- monwealth, as well as individuals and public SEC. 6. ADMINISTRATION. and private entities in the Commonwealth, (a) IN GENERAL.—The Secretary shall ad- maining buildings and sites devoted to to preserve and interpret these significant minister the park in accordance with this steel production are threatened with historical and cultural buildings and struc- Act and the provisions of law generally ap- further deterioration or destruction. tures, such buildings and structures may be plicable to units of the National Park Sys- Many of these sites are nationally sig- lost without the assistance of the Federal tem, including— nificant and perfectly suited for the Government. (1) the Act entitled ‘‘An Act to establish a study and interpretation of this crucial (b) PURPOSES.—The purposes of this Act National Park Service, and for other pur- are to provide for the preservation, develop- period in our nation’s development. poses’’, approved August 25, 1916 (16 U.S.C. 1 ment, interpretation, and use of the nation- et seq.); and Some of these sites include the Carrie ally significant historical and cultural build- (2) the Act entitled ‘‘An Act to provide for Furnace complex, the Hot Metal ings, structures, and sites described in sub- the preservation of historic American sites, Bridge, and the Unites States Steel section (a) for the benefit and inspiration of buildings, objects, and antiquities of na- Homestead Works, which would all be- present and future generations. tional significance, and for other purposes’’, come a part of the Steel Industry Na- SEC. 3. DEFINITIONS. approved August 21, 1935 (16 U.S.C. 461 et tional Historic Park under my legisla- In this Act: seq.). tion. (1) COMMONWEALTH.—The term ‘‘Common- (b) COOPERATIVE AGREEMENTS.— wealth’’ means the Commonwealth of Penn- Highlights of such a national park (1) IN GENERAL.—The Secretary may enter sylvania. into cooperative agreements with interested would commemorate a wide range of (2) PARK.—The term ‘‘park’’ means the public and private entities and individuals to accomplishments and topics for histor- Steel Industry National Historic Park estab- carry out this Act. ical preservation and interpretation lished by section 4. (2) REIMBURSEMENT.—A payment made by from industrial process advancements (3) PLAN.—The term ‘‘plan’’ means the the Secretary under the terms of a coopera- to labor-management relations. It is management plan for the park required tive agreement entered into under this sub- important to note that the site I seek under section 7. section shall be subject to an agreement that to become a national park under this (4) SECRETARY.—The term ‘‘Secretary’’ if at any time the project assisted is con- means the Secretary of the Interior. bill includes the location of the Battle verted, used, or disposed of in a manner that SEC. 4. STEEL INDUSTRY NATIONAL HISTORIC is contrary to the purposes of this Act, as de- of Homestead, waged in 1892 between PARK. termined by the Secretary, the interested steelworkers and Pinkerton guards. (a) ESTABLISHMENT.—There is established entity or individual shall reimburse the Sec- The Battle of Homestead marked an as a unit of the National Park System the retary for the greater of— important period in our nation’s work- Steel Industry National Historic Park in the (A) the amount of assistance provided for ers’ rights movement. The Common- Commonwealth. the project; or (b) COMPONENTS.—The park shall consist of wealth of Pennsylvania, individuals, (B) the portion of the increased value of land and interests in land comprising the the project that is attributable to that as- and public and private entities have at- former United States Steel Homestead tempted to protect and preserve resistance, determined as of the date of the Works, including— conversion, use, or disposal. sources such as the Homestead battle- (1) the Battle of Homestead site in the bor- (c) TECHNICAL ASSISTANCE.—The Secretary ground and the Hot Metal Bridge. For ough of Munhall, Pennsylvania, consisting of may provide to any person technical assist- the benefit and inspiration of present approximately 3 acres of land, including the ance for— and future generations, it is time for pumphouse and water tower and related (1) preserving historic structures of the the federal government to join this ef- structures, within the property bounded by park; the Monongahela River, the CSX railroad, (2) maintaining the cultural landscape of fort to recognize their importance with Waterfront Drive, and the Damascus- the additional protection I provide in the park; and Marcegaglia Steel Mill; (3) local preservation planning for the this bill. (2) the Carrie Furnace complex in the bor- park. I would like to commend my col- oughs of Swissvale and Rankin, Pennsyl- SEC. 7. GENERAL MANAGEMENT PLAN. league, Representative MIKE DOYLE, vania, consisting of approximately 35 acres (a) IN GENERAL.—Not later than 3 years who has been a longstanding leader in of land, including blast furnaces 6 and 7, the after the date of enactment of this Act, the this preservation effort and who will ore yard, the cast house, the blowing engine Secretary shall— sponsor the companion legislation in house, the AC power house, and related (1) prepare a plan for the park; and structures, within the property bounded by (2) submit the plan to the Committee on the House of Representatives. I look the proposed southwesterly right-of-way line forward to working with southwestern Energy and Natural Resources of the Senate needed to accommodate the Mon/Fayette Ex- and the Committee on Resources of the Pennsylvania officials and Mr. August pressway and the relocated CSX railroad House of Representatives. Carlino, Executive Director of the right-of-way, the Monongahela River, and a (b) CONSULTATION WITH LOCAL OFFICIALS.— Steel Industry Heritage Corporation, in property line drawn northeast to southwest In preparing the plan under subsection (a)(1), order to bring this national park to approximately 100 yards east of the AC the Secretary shall consult with— fruition. I urge my colleagues in the power house; (1) a representative of each political sub- United States Congress to cosponsor (3) the Hot Metal Bridge, consisting of the division of the Commonwealth that has ju- Union railroad bridge and its approaches, this legislation and I will work for its risdiction over all or a portion of the park; spanning the Monongahela River and con- and swift passage. I ask unanimous consent necting the mill sites in the boroughs of (2) a representative of the Steel Industry that the bill be printed in the RECORD. Rankin and Munhall; and Heritage Corporation. There being no objection, the bill was (4) all other property included in the f ordered to be printed in the RECORD, as park— follows: (A) by Federal law; or NOTICE OF HEARINGS S. 391 (B) acquired by the Secretary for inclusion COMMITTEE ON AGRICULTURE, NUTRITION, AND in the park under section 5 or other Federal Be it enacted by the Senate and House of Rep- FORESTRY law. resentatives of the United States of America in Mr. LUGAR. Mr. President, I would SEC. 5. ACQUISITION OF PROPERTY. Congress assembled, like to announce that the Senate Com- (a) REAL PROPERTY.—The Secretary may SECTION 1. SHORT TITLE. acquire— mittee on Agriculture, Nutrition, and This Act may be cited as the ‘‘Steel Indus- (1) land and interests in land described in Forestry will meet on March 1, 2001 in try National Historic Park Act’’. paragraphs (1), (2), or (3) of section 4(b); and SH–216 at 9:00 a.m. The purpose of this SEC. 2. FINDINGS AND PURPOSES. (2) not more than 10 acres of land adjacent hearing will be to review the status of (a) FINDINGS.—Congress finds that— to, or in the general vicinity of, the property conservation programs in the current (1) certain sites and structures in the Com- described in paragraphs (1), (2), or (3) of sec- farm bill. monwealth of Pennsylvania symbolize in tion 4(b), for the development of visitor, ad- COMMITTEE ON AGRICULTURE, NUTRITION, AND physical form the heritage of the United ministrative, museum, curatorial, and main- States steel industry; FORESTRY tenance facilities. Mr. LUGAR. Mr. President, I would (2) a large proportion of the buildings and (b) PERSONAL PROPERTY.—The Secretary other structures in the Commonwealth are may acquire personal property associated like to announce that the Committee nationally significant historical resources, with, and appropriate for, the interpretation on Agriculture, Nutrition, and For- including the United States Steel Homestead of the park. estry will meet on February 28, 2001 in February 26, 2001 CONGRESSIONAL RECORD — SENATE S1589 SR–328A at 9:00 a.m. The purpose of married a lovely and very bright young seemingly impossible task of making broad- this hearing will be to review the sta- Tennessee lady—who, by the way, is cast cynics feel warm and fuzzy about digital tus of conservation programs in the herself prominent for her tireless work television? After hearing Goodmon explain his philos- current farm bill and to conduct a com- in literally saving the lives of down-on- ophy of broadcasting, one can just imagine mittee business meeting to discuss the their-luck people who have no place to Andy, Barney, Thelma Lou and Aunt Bea sit- committee rules and budget. go. She makes a place for them to go to ting around their HDTV set enjoying the COMMITTEE ON INDIAN AFFAIRS rebuild themselves and reshape their local coverage of North Carolina’s State Fair Mr. CAMPBELL. Mr. President, I character. on WRAL, Goodmon’s Raleigh, N.C., station. would like to announce that the Com- Having said all that, my purpose in A third-generation North Carolina broad- speaking in the Senate is a profile on caster whose first job was giving free TV an- mittee on Indian Affairs will meet on tennas to WRAL viewers in the 1950’s, Wednesday, February 28, 2001 at 9:00 Jim Goodmon published in the Decem- ber 13 edition of TV Technology. That Goodmon comes off as a radical reformer in a.m. in room 485 of the Russell Senate Norman Rockwell clothing. Unlike FCC Office Building to conduct a hearing to is the name of it. It is an industry pub- Chairman Bill Kennard, who draws lightning receive the views of the Department of lication whose specialty is digital tele- for saying many of the same things, the Interior on matters of Indian Af- vision. The headline on that article Goodmon gets nods of respect even from fairs. was ‘‘Jim Goodmon: Mayberry Values those who disagree with him. Those wishing additional information Collide With Harsh DTV Reality.’’ ‘‘He represents what broadcasting ought to Now, this article, in my view, speaks be,’’ commented an audience member mo- may contact Committee staff at 202/ ments after hearing Goodmon speak in New 224–2251. well of Jim Goodmon, not merely regarding his business acumen, nor about York City at the Consumer Electronic Asso- f ciation’s DTV Summit. the kind of businessman Jim is. I think Unlike many of his broadcasting industry AUTHORITY FOR COMMITTEES TO it is, instead, a measurement of Jim contemporaries, Goodmon not only embraces MEET Goodmon’s sense of personal responsi- the opportunities of digital television, but bility. In that regard, the article insists that all broadcasters should be re- COMMITTEE ON AGRICULTURE, NUTRITION, AND quired to air some HDTV programming every FORESTRY speaks for itself, and I encourage Sen- ators and all other readers of the CON- evening. Eyebrows inch up further when he Mr. MURKOWSKI. Mr. President, I advocates that broadcasters should be held ask unanimous consent that the Com- GRESSIONAL RECORD to review it. I will refer to a couple of paragraphs to a well-defined public service obligation mittee on Agriculture, Nutrition, and enforced by a new NAB code of conduct. in this publication, TV Technology, Forestry be authorized to meet during AGAINST THE TIDE written by Frank Beacham. It says, the session of the Senate on Monday, under the dateline of New York: As president and CEO of Capitol Broad- February 26, 2001. The purpose of this casting Company, Goodmon is swimming hearing will be to review the Farm Soft-spoken Jim Goodmon—like the myth- against the tide in an era when media cor- ical Sheriff Andy Taylor of TV’s Mayberry porations that own large station groups Credit Administration’s proposed regu- has a comforting way of tackling the most lation on national charters. spend millions of dollars to lobby Congress intractable problems with common sense and against such regulation. The PRESIDING OFFICER. Without good humor. How else could he have done the A genuine broadcast pioneer, Goodmon objection, it is so ordered. seemingly impossible task of making broad- guided WRAL as it became the first station cast cynics feel warm and fuzzy about digital f in the United States to broadcast an HDTV television? signal. Now, four years later, the station is PRIVILEGE OF THE FLOOR After hearing Goodmon explain his philos- about to become the first to begin all-HDTV ophy of broadcasting, one can just imagine newscasts. Mr. KYL. Mr. President, I ask unani- Andy, Barney, Thelma Lou, and Aunt Bea mous consent that John Barth, a fellow Goodmon’s business plan is simple: ‘‘Our sitting around their HDTV set enjoying the plan is to stay in business. Period.’’ in my office, be granted the privilege of local coverage of North Carolina’s State Fair ‘‘What we are talking about here is the fu- the floor during the time of my re- on WRAL, Goodmon’s Raleigh, N.C., station. ture of broadcasting. How do we remain com- marks pertaining to the death of Dale A third-generation North Carolina broad- petitive in the future? The way we do it is Earnhardt. caster whose first job was giving free TV an- digital,’’ he said in his address at the DTV The PRESIDING OFFICER. Without tennas to WRAL viewers in the 1950s, Summit. Goodmon comes off as a radical reformer in objection, it is so ordered. Rejecting a recent mantra from many of Norman Rockwell clothing. Unlike FCC his industry colleagues, Goodmon said the f Chairman Bill Kennard, who draws light- DTV transition is not about new revenue ening for saying many of the same things, LEADING NORTH CAROLINA EXEC- streams. Goodmon gets nods of respect even from ‘‘This is not about sending e-mail to UTIVE CALLS FOR WELL-DE- those who disagree with him. watches or selling our spectrum to high- FINED TV PUBLIC SERVICE ‘‘He represents what broadcasting ought to speed data providers,’’ he said. ‘‘This is Mr. HELMS. Mr. President, a leading be,’’ commented an audience member mo- about how we stay competitive. About how ments after hearing Goodmon speak in New we can be good local broadcasters in the fu- citizen of my State of North Carolina York City at the Consumer Electronic Asso- is a young man named Jim Goodmon. ture.’’ ciation’s DTV Summit. He cited WRAL’s motto: ‘‘The main thing Jim is president and CEO of Capital Unlike many of his broadcasting industry is to keep the main thing the main thing.’’ Broadcasting Company in my home- contemporaries, Goodmon not only embraces The main thing, Goodmon said, is local news. town of Raleigh. Capital Broadcasting the opportunities of digital television but in- ‘‘That’s why in January we are going to owns and operates several leading sists that all broadcasters should be required start doing five hours a day of local news in broadcast entities—TV stations, radio to air some HDTV programming every high definition.’’ evening. Eyebrows inch up further when he HDTV: LIKE BEING THERE stations, and networks serving all of advocates that broadcasters should be held North Carolina and some bordering to a well-defined public service obligation It was IID coverage of Sen. John Glenn’s States. enforced by a new NAB code of conduct. space shuttle flight, Goodmon said, that con- James F. Goodmon is president and vinced him news would benefit from high- I ask unanimous consent that the en- resolution video and Dolby Digital sound. CEO of Capital Broadcasting Company, tire article be printed in the RECORD. where more than a quarter of a century ‘‘What is television news? It’s being There being no objection, the article there,’’ Goodmon said. ‘‘Putting the viewer ago I had the privilege of serving as an was ordered to be printed in the there. There is no better way to put the officer. When I was elected to the Sen- RECORD, as follows: viewer there than high definition.’’ ate in 1972, I shortly thereafter, as a [From TV Technology, Dec. 13, 2000] Goodmon said viewers like the widescreen Senator, divested myself of all owner- 16:9 aspect ratio and Dolby digital sound JIM GOODMON: MAYBERRY VALUES COLLIDE that HD provides. ship in the company because Senators WITH HARSH DTV REALITY ‘‘Sound and 16:9 are a big deal. We’re talk- are often called upon to vote on legisla- (By Frank Beacham) tion affecting broadcasting and broad- ing about creating an experience here . . . Soft-spoken Jim Goodmon—like the myth- getting wrapped up in it.’’ casters. ical Sheriff Andy Taylor of TV’s Mayberry He said, as a result of experiences in local At that time, in 1972–73, Jim has a comforting way of tackling the most HD production over the past four years, the Goodmon had just completed his stud- intractable problems with common sense and station sees HD bringing significant en- ies at Duke University and had just good humor. How else could he have done the hancements to hockey, auto racing, football, S1590 CONGRESSIONAL RECORD — SENATE February 26, 2001 basketball, baseball, outdoor symphonies, that every digital station air at least two The PRESIDING OFFICER. The art exhibits and documentaries. hours of HDTV programming each night be- clerk will call the roll. Multicasting has also benefited WRAL, tween 6 p.m. and 11 p.m. The legislative clerk proceeded to Goodmon said, by giving the station the op- ‘‘We broadcasters asked Congress to do call the roll. portunity to respond to new programming high definition,’’ reminded Goodmon. ‘‘If you Mr. HELMS. Madam President, I ask opportunities. take a digital license, you should be required unanimous consent that the order for ‘‘We were broadcasting a basketball game to do HD each night. The networks need to and had some flood news in North Carolina. push primetime HD. If they do that, the sta- the quorum call be rescinded. We interrupted the game, did the flood cov- tions will have to carry it.’’ The PRESIDING OFFICER (Ms. COL- erage and then said: ‘If you want to watch Finally, he called on television receiver LINS). Without objection, it is so or- the basketball game, stay on Channel 5.1. We manufacturers to come forward with public dered. are going to do continuous flood coverage on assurance of a fix for multipath problems f Channel 5.2 and we’ll have our weather radar that can block reception in urban areas. on all the time on Channel 5.3.’ What you Though he said WRAL has had no problems APPOINTMENTS can do with this technology is limited only with the 8–VSB transmission standard and The PRESIDING OFFICER. The by your imagination.’’ that he favors retaining it, a strong message Chair, on behalf of the Vice President, Goodmon said he sees multicasting as a of assurance either through a technical pursuant to 10 U.S.C. 9355(a), appoints standard or other objective method must be way to expand the station’s brand with a the Senator from Colorado (Mr. AL- broader array of programming. sent to calm fears over the technology. LARD), from the Committee on Armed ‘‘We don’t see multicasting as an oppor- ‘‘Broadcasters need assurance,’’ Goodmon tunity to start a new full-time channel or insisted. ‘‘Tell us we don’t have to worry Services, to the Board of Visitors of something like that.’’ about the multipath problem.’’ the U.S. Air Force Academy. Ditto for datacasting. WRAL now has 200 In addition, he said the consumer elec- The Chair, on behalf of the Vice volunteers with PCs equipped to receive its tronics industry has ‘‘to stand up and say President, pursuant to 10 U.S.C. 4355(a), data broadcasts. this receiver thing is not a problem. It can appoints the Senator from Pennsyl- ‘‘We send IP traffic 24 hours a day. We ask be with a standard or some other way. But it vania (Mr. SANTORUM), from the Com- users to allot about 500 Mb on their hard must be said.’’ mittee on Armed Services, to the drive and dedicate it to the data.’’ f Board of Visitors of the U.S. Military A key application is local news. The sta- SENATOR PAUL COVERDELL Academy. tion is working toward a service where view- The Chair, on behalf of the Vice ers can watch a newscast on-demand on their Mr. HELMS. Mr. President, President President, pursuant to 10 U.S.C. 6968(a), PC, either in its entirely or on an interactive George Bush summoned Paul Coverdell appoints the Senator from Arizona (Mr. story-by-story basis. to Washington one day in 1989 to ask Currently, WRAL has about 700 HD viewers MCCAIN), from the Committee on in its 23-county market. As in the early days Paul to consider serving as the 11th Di- Armed Services, to the Board of Visi- of his career, Goodmon now makes sure rector of the Peace Corps. tors of the U.S. Naval Academy. every new DTV set owner in the Raleigh- It will come as no surprise that The Chair, on behalf of the majority Durham area gets an outdoor television an- Paul’s tenure at the Peace Corps was leader, pursuant to Public Law 105–341, tenna, courtesy of the station. marked by intense effort, positive re- announces the appointment of the fol- ‘‘We know most of our viewers and get lots sults, and commitment to American in- lowing individual to the Women’s of comments from them.’’ terests. He gave a high priority to the Progress Commemoration Commission: The station uses an e-mail group con- well-being of the volunteers he sent Becky Norton Dunlop, of Virginia, vice ference to stay in touch with digital set owners. out, who were, after all, the face of Elaine L. Chao. As for fellow broadcasters who see no busi- young America to other countries f ness model for an immediate return on their around the world. ORDERS FOR TUESDAY, investment from digital television, Goodmon There were significant hurdles to FEBRUARY 27, 2001 offers another homily: ‘‘Sometimes you have overcome at the Peace Corps, including to spend money just to stay in business.’’ flagging morale and limited resources. Mr. HELMS. Madam President, I ask MUST-CARRY A MUST-HAVE Nonetheless, Paul Coverdell recognized unanimous consent that when the Sen- Though Goodmon’s aggressive use of dig- the need to respond to the high inter- ate completes its business today, it ad- ital technology in his local market is im- national historic drama of sweeping journ until the hour of 10 a.m. on Tues- pressive, even he acknowledges the national changes, for example, the fall of com- day, February 27. I further ask unani- DTV transition is facing some big obstacles. munism in Europe. mous consent that on Tuesday, imme- One of the largest stumbling blocks is dig- He found the necessary resources to diately following the prayer, the Jour- ital must-carry, something FCC Chairman nal of proceedings be approved to date, Kennard has cautioned broadcasters not to send Peace Corps volunteers to countries struggling to emerge from the the morning hour be deemed expired, depend upon. Even if enacted, a new must- the time for the two leaders be re- carry requirement would face an uncertain weight of communist rule. Under Paul future with years of legal battles and ap- Coverdell’s leadership, the first volun- served for their use later in the day, peals. But, to Goodmon, it’s a make or break teers were sent to Hungary, Poland, and the Senate then begin a period for issue. Romania, and the Czech and Slovak morning business, with Senators al- ‘‘Cable has 70 percent of the homes,’’ he Republics. lowed to speak for up to 10 minutes said. ‘‘How are we going to get digital into Paul Coverdell took great pride in each, with the following exceptions: the homes if they are not on cable? I think the Peace Corps; for example, he Senator THOMAS, or his designee, 10 to we need full digital must-carry on satellite 11 a.m.; Senator DURBIN, or his des- unfailingly referred to it as ‘‘The as well. And I mean full digital must-carry— ignee, 11 a.m. to 12 p.m. Further, I ask United States Peace Corps’’ and he de- everything, including our data.’’ unanimous consent that if the leader Goodmon proposes coupling digital must- scribed the Peace corps as ‘‘a vibrant, time is used during the controlled carry with a now elusive public service re- vital part of United States foreign pol- time, the controlled time be extended quirement. icy.’’ ‘‘How can we ask for digital must-carry if accordingly. In tribute to our esteemed and be- The PRESIDING OFFICER. Without we don’t agree to public service standards? loved departed colleague and friend, To me, the two go together. objection, it is so ordered. ‘‘Along with getting this digital license today we are approving legislation to Mr. HELMS. Further, I ask unani- comes a commitment to serve the public in- designate the Washington office of the mous consent that the Senate stand in terest, whatever that is,’’ he continued. Peace Corps as the ‘‘Paul D. Coverdell recess from the hours of 12:30 p.m. to ‘‘That’s not a very defined notion. It needs to Peace Corps Headquarters.’’ 2:15 p.m. tomorrow for the weekly pol- be defined as a minimum standard. We need I know Senators will unhesitatingly icy conferences to meet. this standard set and then we need to return support this fitting tribute to a re- The PRESIDING OFFICER. Without to a broadcasting code of conduct. I’m really markable gentleman who was without objection, it is so ordered. showing my age talking about the NAB code, question a committed public servant, a but that was a great thing.’’ f statesman, and a friend. Also essential for a successful transition, PROGRAM said Goodmon, is a requirement for an inte- Mr. President, seeing nobody seeking grated digital tuner in all new DTV receiv- recognition, I suggest the absence of a Mr. HELMS. Madam President, for ers, preferably by 2003, and a requirement quorum. the information of all Senators, the February 26, 2001 CONGRESSIONAL RECORD — SENATE S1591 Senate will be in a period for morning noon, it recess until the hour of 8:30 There being no objection, the Senate, business prior to the 12:30 p.m. recess p.m. for the joint session of Congress to at 4:05 p.m., adjourned until Tuesday, tomorrow. Upon reconvening at 2:15 hear the President’s address. February 27, 2001, at 10 a.m. p.m., the Senate is expected to resume The PRESIDING OFFICER. Without morning business for the remainder of objection, it is so ordered. f the afternoon. Senators are reminded f to be in the Senate Chamber by 8:30 ADJOURNMENT UNTIL TOMORROW NOMINATION p.m. to proceed at 8:40 p.m. to the Hall AT 10 A.M. of the House of Representatives for the Executive nomination received by Mr. HELMS. Madam President, if the Senate February 26, 2001: President’s address. there be no further business to come Madam President, I ask unanimous before the Senate, I now ask unani- DEPARTMENT OF THE TREASURY consent that when the Senate com- mous consent that the Senate stand in MARK A. WEINBERGER, OF MARYLAND, TO BE AN AS- SISTANT SECRETARY OF THE TREASURY, VICE JONA- pletes its business on Tuesday after- adjournment under the previous order. THAN TALISMAN, RESIGNED. February 26, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E205 EXTENSIONS OF REMARKS

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

∑ 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 02:15 Feb 27, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A26FE8.000 pfrm08 PsN: E26PT1 E206 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2001 TRIBUTE TO DR. WILLIAM F. rence Chamber of Commerce, the Kansas As- such charitable organizations as the Shriners BRADLEY, DVM sociation of Commerce and Industry and the Hospitals that contribute greatly to the care, American Hereford Assn. He also served as education, and research necessary to treat an associate professor of biological sciences HON. DENNIS MOORE at Baker University for several years. and work to prevent children’s burn accidents. OF KANSAS He was also a founding member of the IN THE HOUSE OF REPRESENTATIVES O’Connell Youth Ranch and was a founder of f the Lawrence Boys Club. Monday, February 26, 2001 He married Beverly Ann Torrens on Aug. CONGRATULATING PRIME MIN- Mr. MOORE. Mr. Speaker, I rise today to 23, 1953, in Independence. She survives of the ISTER-ELECT OF ISRAEL, ARIEL pay tribute to the late Dr. William F. Bradley, home. SHARON a veterinarian from Douglas County, Kansas, Other survivors include five sons, William who passed away recently, after a full life that Jr. of Jackson, Wyo., Roger Sebastapol, Calif., Philip and John, both of Lawrence, SPEECH OF was dedicated to his family, his veterinary and Kent, Wichita; one foster son, Greg practice, and service to his community. Evans, Lawrence; three brothers, Aubrey Jr., HON. MARCY KAPTUR Dr. Bradley exemplified the kind of individual Wichita, H. Keith, Lenexa, and Wayne, OF OHIO whose selfless dedication to others forms the Louisburg; one sister, Idabelle Ostrum, Hous- glue that has held together so many Kansas ton; seven grandchildren; and one foster IN THE HOUSE OF REPRESENTATIVES communities over the past century. He is best grandchild. known in Lawrence, Kansas, for his longtime The family will meet friends from 6:30 p.m. Tuesday, February 13, 2001 service on the school board for Lawrence and to 8:30 p.m. Wednesday at Warren-McElwain Mortuary. Ms. KAPTUR. Mr. Speaker, I rise today to Douglas County, where he served for four The family suggests memorials to Pet voice my concern with H. Res. 34, an imper- years as board president. Additionally, he Trust at Kansas State University in care of fect resolution congratulating the Prime Min- spent many years as Wakarusa Township the College of Veterinary Medicine or the ister-elect of Israel, Ariel Sharon, calling for an trustee and was an active participant in local Douglas County 4–H Foundation, sent in care end to violence in the Middle East, and re- Republican Party politics. His wife, Bev, was of the mortuary. affirming the friendship between the Govern- twice elected Douglas County Commissioner f ments of the United States and Israel. While as the Republican candidate. More impor- I will vote in favor of this resolution, as I did tantly, though, Dr. Bradley was a founding NATIONAL BURN AWARENESS on earlier resolutions late last year, I hold seri- member of the O’Connell Youth Ranch and a WEEK ous and continuous concerns about its impli- founder of the Lawrence Boys Club. cations for the peace process. An active member of several local service HON. JOHN JOSEPH MOAKLEY Like my colleagues, I applaud Israel on its organizations, 4–H groups and the Lawrence OF MASSACHUSETTS open and democratic election process. While Chamber of Commerce, with Bev, Dr. Bradley IN THE HOUSE OF REPRESENTATIVES the process was encouraging, the results were was a devoted father to six sons. He epito- Monday, February 26, 2001 disappointing. Voter turnout was the lowest in mized the public-spirited pillar of our commu- Israel’s history and participation by the Arab nities who does so much in towns and cities Mr. MOAKLEY. Mr. Speaker, I ask our col- population was minimal. This division in the across the United States to bring people to- leagues to join me in recognizing the impor- population further fractures the possibilities for gether to solve problems and constructively tance of National Burn Awareness Week that a lasting peace. face challenges. His sense of duty touched was observed February 4–10, 2001. Burn many lives in Douglas County and in Law- Awareness Week provides an opportunity to According to statistics released from the rence; I was proud to represent him in Con- educate children and families about the risks Israeli Embassy, 55 Israelis have been killed gress and I join with my constituents in mourn- that lead to unfortunate and tragic accidents, since September 27, 2000, in riot-related situ- ing his loss. particularly for the youngest and most vulner- ations. Mr. Speaker, I place into the CONGRES- able—our babies and children. The children of According to statistics released from the SIONAL RECORD an obituary for Dr. William F. Boston who have been the victims of burn ac- Palestinian Initiative for the Promotion of Glob- Bradley that was carried by the Lawrence cidents have been benefiting from the service al Dialogue and Democracy (MIFTAH), 366 Journal-World and I am pleased to have this of the Shriners Hospitals for Children since Palestinians, Israeli Arabs, and Palestinians in opportunity to take note of our loss. 1968 when the Boston burn center first southern Lebanon have been killed between [From the Lawrence Journal-World (KS), opened. the dates of September 28, 2000 and Feb- Jan. 28, 2001] Unfortunately, infants and young children ruary 6, 2001. face greater risks from burn injuries than WILLIAM F. BRADLEY H. Res. 34 specifically calls on Yassir Services for William Ferdie Bradley, 74, adults or older children. They rely more on the Arafat, Chairman of the Palestinian Liberation Lawrence, will be at 2 p.m. Thursday at the adults around them to ensure their environ- Organization (and President of the Palestinian First Presbyterian Church in Lawrence. Bur- ment is safe and free from potential burn- Authority) to ‘‘use his influence and resources ial will be in Memorial Park Cemetery. causing hazards. That is why in addition to to see that violence in the Middle East is Bradley died Friday, Jan. 26, 2001, at his treating over 20 percent of all pediatric burns home. brought to an end.’’ This statement unwisely in the nation at their four national burn centers places the onus of peace solely on the shoul- He was born Feb. 16, 1926, in Topeka, the in Boston, Galveston, Cincinnati and Sac- son of Aubrey J. Bradley and Neta Bernice ders of the Palestinians. I have been con- (Davis) Bradley. ramento, Shriners Hospitals focus on edu- sistent in my calls for all parties to be account- He was raised on a farm near Blue Mound cation and prevention of burn injuries. able and willing to strive for a workable peace. The Shriners Hospitals for Children is a and attended Unity Township and Blue Isn’t it counterproductive to place the blame or Mound schools before going to college at unique charitable organization that has never praise wholly on one party? Kansas State University, where he earned sought nor received federal, state, local or his bachelor’s degree in 1949 and his doctor of third party funding of any kind. Additionally, Americans must be concerned about how veterinary medicine degree in 1953. Shriners Hospitals are distinctive in that they the new government will proceed. I strongly Bradley practiced veterinary medicine in hope that Prime Minister Ariel Sharon will look Mexico, Mo., then served in the U.S. Army offer full physical, psychological, and emotional care to all the children they treat. to the future with the goal of peace and rec- until 1957. He then established the Bradley onciliation. Israel, the Palestinians, and the Veterinary Hospital in Lawrence. He sold the With the 2001 budget for the 22 orthopaedic practice to his son, John S. Bradley, when he and burn hospitals totaling $567 million, and Middle East Region overall have suffered retired in 1990. with an active patient roster at over 156,000 greatly throughout the last century. This new Bradley served on the Lawrence School children, it is obvious how important the millennium offers a chance for hope. It is my Board for 11 years, four years as president. Shriners Hospitals are to the health of our chil- wish that Mr. Sharon will take that chance for He was active in the Masonic Lodge and the dren. The Shriners Hospitals are 100 percent peace. Lawrence Host Lions Club. He was the Wakarusa Township trustee for many years, free, despite the fact that they will spend If the United States wishes to be an honest a 4–H leader for the Meadowlark and Kanza $1.55 million dollars on children every 24 broker for peace, we must be fair-handed and 4–H clubs and a trustee for the Kansas State hours in 2001. aware of how our votes, actions, and state- University Alumni Assn. He was a member of In recognition of Burn Awareness Week, Mr. ments will be viewed by all factions involved in numerous veterinary associations, the Law- Speaker, I ask my colleagues to commend this unsettled region of the world.

VerDate 112000 02:15 Feb 27, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A26FE8.002 pfrm08 PsN: E26PT1 February 26, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E207 RECOGNIZING HUGH S. BURNES, member of the board of directors of Democratic Council (CDC). We have been SR. OF ROME, GEORGIA Warrensburg Main Street, Inc., serving as privileged to work with her on many chal- president in 1999–2000. Mr. Carroll was the lenging issues since that time and have seen HON. BOB BARR recipient of the Leadership Award 2000 and a firsthand the powerful impact she has had on OF GEORGIA member of the Tax Increment Financing Com- those around her. She was a woman of tre- IN THE HOUSE OF REPRESENTATIVES mission for the city of Warrensburg, serving as mendous courage, integrity, idealism and com- chairman from 1998–2000. He was also a mitment. Monday, February 26, 2001 past member of the Warrensburg and Sedalia Having lived through the deaths of her hus- Mr. BARR of Georgia. Mr. Speaker, I am Lions Clubs. band Bud and her son, Steve, she is survived pleased to recognize Hugh Burnes, who has Mr. Speaker, Andrew Carroll will be greatly by her youngest son, Peter. Ruth will be recently been selected as the 2001 recipient missed by all who knew him. I know the Mem- missed by all of us whose lives she has of the ‘‘Heart of the Community’’ Board of bers of the House will join in extending heart- touched. Governors Award in Rome, Floyd County, felt condolences to his family, his wife Linda, Mr. Speaker, we are proud to ask our col- Georgia. and his three sons, John, Nicholas, and leagues to join us in saluting the late Ruth Mr. Burnes began his volunteer service with Jacob. Abraham. the American Legion and the Community f f Chest in 1946. He spent fifty-five years dedi- cating his time and leadership to more than a A TRIBUTE TO RUTH ABRAHAM HONORING DR. PHILIP GAMALIEL dozen organizations such as the YMCA, Boy HUBBARD Scouts, Dick Wicker Boys Home, Rome Com- HON. HOWARD L. BERMAN munity Prayer Breakfast and the Rome Rotary OF CALIFORNIA HON. JAMES A. LEACH Club. OF IOWA The dedication to excellence exhibited by HON. HENRY A. WAXMAN IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Hugh Burnes makes him a role model for his Monday, February 26, 2001 peers and for young people in the community. IN THE HOUSE OF REPRESENTATIVES Mr. LEACH. Mr. Speaker, I invite my col- I am pleased to honor his impressive accom- Monday, February 26, 2001 plishments and wish him well as he is recog- leagues’ attention to the career and life story nized by the Board of Governors and the citi- Mr. BERMAN. Mr. Speaker, we rise today to of Dr. Philip Gamaliel Hubbard, a zens of Rome, Georgia. pay tribute to the memory of an outstanding groundbreaking American educator who will woman, Ruth Abraham, who dedicated her life celebrate his 80th birthday later this week. Dr. f to fighting for civil rights and social justice. Hubbard is truly an extraordinary Iowan, and IN MEMORY OF CIVIC LEADER Ruth was well respected and admired by his journey through the last eight decades of AND LAWYER ANDREW S. CAR- her colleagues, friends and family. She was a the 20th century is a story all Americans ROLL leader of progressive causes and an activist should know. whose interest in social and political reform Philip G. Hubbard was born in the small HON. IKE SKELTON led her to the ACLU where she served on the town of Macon in north central Missouri on OF MISSOURI staff for 18 years, and as a volunteer and March 4, 1921—the day that Warren Gamaliel board member after retiring in 1981. She was IN THE HOUSE OF REPRESENTATIVES Harding was inaugurated President of the beloved throughout the organization and affec- United States. His parents clearly had big Monday, February 26, 2001 tionately nicknamed ‘‘the mother of chapters,’’ plans for him, giving him the new President’s Mr. SKELTON. Mr. Speaker, it is with deep because of her work to expand and nurture unusual middle name for his own. His father sadness that I inform the House of the death the chapter movement. She traveled through- died when he was only 18 days old, and four of Andrew Carroll, a resident of Sedalia, MO. out the country to teach ACLU affiliates about years later his mother gave up a teaching ca- He was 43. grassroots development. reer to move 140 miles north to Des Moines, Andrew Carroll, a son of Edgar S. and June Ruth’s activism was by no means limited to where her children would have the opportunity Utz Carroll, was born in Kansas City, MO, on her work with the ACLU. She immersed her- to attend Iowa’s unsegregated schools. May 31, 1957. He graduated from self in politics and social issues from the day Phil graduated from Des Moines’ North High Warrensburg High School in 1975 and en- she first arrived in Los Angeles in 1950. As a School and enrolled in the University of Iowa’s rolled at Central Missouri State University. At founding member of one of the most success- College of Engineering in 1940, buttressed by Central Missouri State University he was a re- ful Southern Californian coalition-forming orga- a $252 savings account earned from shining cipient of a Regents scholarship and was nizations of the 1960s and 1970s, Californians shoes. Since African Americans were not per- voted outstanding undergraduate of the for Liberal Representation (CLR), she helped mitted to live in university housing at the time, School of Public Service. He also participated to elect the first African-American, Augustus he first boarded in a private home with the rel- in athletics, he was selected all-MIAA Track Hawkins, and the first Latino west of the Mis- atives of Lulu Johnson, the first African Amer- and Field and was a member of the honors sissippi, Edward R. Roybal, to Congress. In ican woman to earn a Ph.D at an American program Phi Kappa Phi. Mr. Carroll graduated addition, she helped break other color barriers university, and then in the Kappa Alpha Psi in 1978 Summa Cum Laude, and in 1981, he by working to elect James Jones and Julian fraternity house. In 1943, after pawning his graduated from the University of Missouri-Kan- Nava to the Los Angeles Unified School great uncle’s gold watch to buy a wedding suit sas City School of Law. Board. and a ring, Phil married his fiancee, Wynonna He began legal practice in 1981 with his fa- Ruth played an instrumental role in electing Marie Griffin, and eight days later reported for ther and later operated a solo practice in the first African-American mayor of a predomi- active duty in the Army. Warrensburg. Mr. Carroll was a member of the nately white American city, Tom Bradley of Returning to the university at the end of the Missouri Bar Association, American Bar Asso- Los Angeles. After Mayor Bradley was elected war, Phil finished his undergraduate degree in ciation, Johnson County Bar Association, to office in 1973, Ruth chaired the selection electrical engineering and his doctorate in hy- Pettis County Bar Association, Kansas City committee which recommended the appoint- draulics. He was appointed an associate pro- Metropolitan Bar Association, Missouri Organi- ment of new commissioners. Ruth was also fessor in 1956 and a full professor in 1959, zation of Defense Lawyers, and the Missouri active in the campaigns of Senator Alan Cran- meritoriously triumphing over an Association of Trial Attorneys. He served as ston, Congressman Julian Dixon and Judge unacknowledged, hurtful and short-sighted tra- Active General Counsel for CMSU and as city Pacht in his race for Congress. dition to become the first African American prosecutor for the city of Warrensburg. Los Angeles City Controller, Rick Tuttle, de- tenured professor in the university’s history. Mr. Carroll also was an elder at Broadway scribed her as a ‘‘giant fighter for the causes Teaching and research in one of the nation’s Presbyterian Church, a member of the Board of civil liberties and civil rights.’’ He worked premier research institutes occupied his next of Legal Office Management at State Fair closely with her and remembers her as a ‘‘true several years, although he combined scholar- Community College, and a member of the champion’’ in the battle to end racial and reli- ship with a quiet but determined social activ- board of directors of the Children’s Therapy gious discrimination in housing during the ism, pushing Iowa City to adopt one of the na- Center and the Sedalia Boys and Girls Club. 1960s. tion’s first fair housing ordinances and encour- He chaired the 1997 Osage Trails District While students at UCLA, we first met Ruth aging Iowa’s congressional representatives to Friends of Scouting Fundraiser and was a when she was the leader of the California support the Civil Rights Act of 1965.

VerDate 112000 02:15 Feb 27, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.010 pfrm08 PsN: E26PT1 E208 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2001 His effective blending of academic life with Medicare’s financial condition is actually personnel—the men and women defending his work in human and civil rights led to his more serious than that of Social Security. The our freedom away from home, often in harm’s 1965 appointment as dean of academic af- Medicare trust fund is projected to become in- way—were thrown out because of technical- fairs. Dr. Hubbard became vice president of solvent in 2025, whereas the Social Security ities. the university in 1972, a position in which he Trust fund will remain solvent until 2037. This I believe we can do better. gave distinguished service until his retirement highlights the importance of preventing Medi- In our country, the freest and most ad- in 1991. care surpluses from being used for any other vanced in the world, there should be no ex- Dr. Hubbard’s quarter century at the center purpose than protecting Medicare; this in- cuse for not having a non-partisan, modern, of university administration was a period of cludes financing a prescription drug benefit or well-managed system that ensures to the dramatic social change in the university, in the any revenue reducing policy with trust fund re- highest degree possible that qualified voters State of Iowa, and in the larger world. The serves—whether they come from Social Secu- will have access to the polls and their votes theme that runs through his career as an ad- rity or Medicare. This means that every mem- will be fairly counted. ministrator is his steadfast commitment to ex- ber who votes for this bill today is serving no- If we could not do better, our form of rep- panding human rights on and off campus. tice that they will not use Social Security or resentative government—with its guarantee of Working with university presidents Howard Medicare trust funds for any purpose other freedom of speech and religion, from unjust Bowen, Willard ‘‘Sandy’’ Boyd, James O. than funding or reforming these programs. fear, and from the denial of opportunity— Freedman, and Hunter Rawlings III over more Mr. Speaker, while I applaud the majority’s would be on very shaky ground. Therefore, Mr. Speaker, let this Special than twenty-five years, Dr. Hubbard suc- commitment to this cause, I am concerned Order serve as a reminder that it is the re- ceeded in fully opening the resources of the that the bill before us today contains a large sponsibility of each of us, as members of ‘‘The University of Iowa to students from all ethnic loophole that would allow the Medicare and People’s House,’’ to determine to the best of backgrounds and to both genders. He ac- Social Security surpluses to be spent for any our ability exactly what went wrong in this last corded new respect for the opinions of stu- purpose so long as it is labeled ‘‘reform.’’ For national election and to consider what should dents, creatively developed educational oppor- the record, I want to be clear that the term properly be done at the federal level to help tunity programs and scholarships for low-in- ‘‘reform’’ does not and should not include new ensure that it doesn’t happen again. come and minority students, and helped to in- programs such as, providing a prescription stitute affirmative action at all levels of the uni- When I think of the voting franchise in the drug benefit under Medicare or dismantling the context of Black History Month, I first think of versity. Social Security safety net with private ac- The University of Iowa’s reputation as a wel- Selma. counts. I also want to be clear that if Members In the mid-1960’s, this was the scene of a coming place where all people may secure a vote for this bill, they are voting to prevent quality education is in large part a result of the series of campaigns to secure the right to new programs labeled reform from crowding vision and hard work of Philip G. Hubbard. Dr. vote, which had been routinely denied to black out Social Security and Medicare surpluses to Hubbard’s place in Iowa history books is en- citizens. People had lost their lives just for try- make room for other revenue-reducing initia- sured by his service as the University of ing to get people registered. Black citizens tives. Iowa’s first African American professor, dean who came to register were harassed and Finally, Mr. Speaker, while I am encouraged and vice president. His real place in Iowa his- sometimes arrested on charges of unlawful with the majority’s commitment to this cause, tory, however, is guaranteed by two far more assembly. Beatings had become common- I am disappointed in the manner in which this significant things: his role in opening the uni- place. Many black people lost their jobs just bill is being considered today. The future of versity to the kind of board diversity that re- for attempting to register and vote, suffering the Social Security and Medicare surpluses is flects the best in American values and deeply severe economic consequences. Today, this a complicated and serious matter that de- enriches the educational experience, and the community presents keys to the city to those serves a full, free and honest discussion of the powerful effect he has had on the hearts of who fought for civil rights. But, back then, at- issue and alternative ways to solve the prob- those given the privilege of crossing his path. tempting to register and vote could be a per- The university, the State of Iowa and the lem. Rather than allowing this exchange of ilous thing to do. world are better for the contributions of this ideas, the majority circumvented committee These efforts culminated in ‘‘Bloody Sun- truly exemplary American. consideration of this issue, instead rushing the day,’’ when our friend and colleague from bill to the floor under expedited rules that Georgia, John Lewis, led demonstrators f allow only an hour of debate and no oppor- across the Pettus Bridge into the ranks of SOCIAL SECURITY AND MEDICARE tunity for amendment. armed troops, rallying much of the country LOCK-BOX ACT OF 2001 Allowing members to have a voice in this around the enactment of the Voting Rights process could have corrected the loophole in Act—the crowning achievement of the Civil SPEECH OF the present bill. To be sure, Representative Rights Movement. HON. DENNIS MOORE ROSS and I have recently introduced legisla- That was a high point in a struggle that had OF KANSAS tion that would correct this problem by entirely been going on for nearly two centuries. IN THE HOUSE OF REPRESENTATIVES preventing the use of Social Security and In our country’s formative years, it was Medicare trust funds—except for their in- thought by many that only people who owned Tuesday, February 13, 2001 tended purpose. property should be permitted to vote and par- Mr. MOORE. Mr. Speaker, I rise today in f ticipate in the political process. Free blacks support of the principles underlying H.R. 2— were effectively excluded until after the imple- that Social Security and Medicare Trust Funds BLACK HISTORY MONTH mentation of the Voting Rights Act, even after should not be used for any purpose other than the adoption of the 13th Amendment that funding the retirement or health care needs of SPEECH OF granted the voting franchise to black males in our seniors. This bill takes a large step to- HON. SANFORD D. BISHOP, JR. 1866. This exclusion also extended to all wards maintaining fiscal discipline by recog- OF GEORGIA women, who did not gain the right to vote until nizing that Social Security and Medicare trust IN THE HOUSE OF REPRESENTATIVES the ratification of the 19th Amendment in funds should be off the table when Congress 1920. considers tax and spending legislation. Tuesday, February 13, 2001 In fact, not one country granted its citizens This effort is particularly courageous since Mr. BISHOP. Mr. Speaker, today we’re fo- universal suffrage prior to the 20th century— the administration opposes efforts to preserve cusing on the right to vote. not Greece in the 5th Century B.C., England Medicare trust funds for the health security This is certainly an appropriate theme for with the signing of the Magna Carta in 1215, needs of our seniors. During his confirmation this year’s observance of Black History or the United States with the adoption of the hearing, OMB Director, Mitch Daniels, stated Month—coming, as it does, in the aftermath of Declaration of Independence in 1776. that he ‘‘would be very hesitant to see us treat a national election which may have been de- I’m told that Finland, in 1906, was the first [Medicare] funds the same way we do Social cided by breakdowns in voting machines and country to elect its government on the prin- Security.’’ I applaud the majority’s recognition procedures, by faulty ballots, by voting place ciple of universal suffrage in competitive, of the fact that both programs face a demo- errors and abuses that effectively denied this multi-party elections. But perhaps no one in- graphic crisis as the baby boomers get older, most fundamental right to many citizens. spired the world more than those who valiantly and that both programs deserve to be pro- Complaints of irregularities have been wide- carried the torch of freedom here in the United tected to fund our commitments to them in the spread in a number of states. Moreover, many States, providing a beacon of light for the future. of the absentee ballots cast by our military whole world to follow.

VerDate 112000 02:15 Feb 27, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26FE8.010 pfrm08 PsN: E26PT1 February 26, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E209 Today, there are 119 countries with demo- America Women’s Issues Network (WIN) is erate. He points out that America, though cratic forms of government—almost two-thirds dedicated to education, health, and a better mighty, needs Haiti. He goes on to applaud of the world’s nations containing three-fifths of quality of life for the Astoria community. This the recently elected President, Jean-Bertraud its people. For the first time in history, a ma- year they will be honoring Ismini Michaels at Aristide and urges the U.S. to support his jority of the world’s people live under govern- their annual Dinner Dance on March 3, 2001. Presidency. I submit this article for your pe- ments of their own choosing. Representative Ismini Michaels was born in Nicosia, Cyprus rusal and I too join Mr. Kennedy in his conclu- government can now be said to be a universal and graduated from the Teaching Academy of sion that the U.S. should and must help Haiti. human value—a set of principles that are as- Cyprus. She was a teacher for twelve years at I also laud Secretary Powell for his comments pired to by the vast majority of people in our St. Anthony’s School in Nicosia. Among her which appeared in an Associated Press arti- own country and around the world. many accomplishments, Ms. Michaels founded cle, where the Secretary called President In 1867, Sojourner Truth told a group of the children’s choir and organized dozens of Aristide’s commitments to carry out govern- friends who gathered for her 80th birthday: ‘‘It wonderful cultural events. She was a member mental and political reforms, ‘‘an appropriate is about time for me to be going. I have been of the ‘‘Pnevmatiki Stegi,’’ the Choir of Cyprus, road map.’’ I would like to insert into the CON- 40 years as a slave and 40 years free, and and worked at PIK, the Cypriot television sta- GRESSIONAL RECORD Mr. Kennedy’s article would be here 40 years more to have equal tion, hosting the television series Music and which appeared in the Boston Globe on Feb- rights for all. I suppose I am kept here be- Dances of Cyprus. ruary 7, 2001. cause something remains for me to do. I sup- In 1975, following the Turkish invasion, US SHOULD HELP ARISTIDE REBUILD HAITI pose I am yet to help to break the chain.’’ Ismini immigrated to New York City with her Today’s inauguration of President Jean This continues to be our task today: to family in search of a better future. In New Bertrand Aristide serves to remind us of how make sure the inalienable right to vote is York, she worked at the Transfiguration of far Haitian Democracy has come and how far Christ Greek School in Corona for three years, the economy has to go in order to establish never taken from anyone, and the chain re- peace and prosperity in our Hemisphere’s mains broken for ourselves and for all human- and from 1981 through the present she has poorest nation. The average Haitian lives on kind. worked at the Archangel Michael Afternoon less than $1 a day—the lowest in the Western f School in Roslyn, NY. Hemisphere. Malnutrition is three times the A dynamic member of the Hellenic commu- regional average. More than 65 percent of NAVAL HONORS GIVEN TO TWO nity, Ismini has served in the Women’s Divi- Haitians cannot read or write. The same per- SHIPS WITH CONNECTIONS TO sion of the United Cyprians of America, the centage survive on subsistence slash-and- MISSOURI burn farming that strips the landscape. The PanPaphian Association and the Cypriot legacy of deforestation has left the moun- Teachers Association. After the sudden death tains countryside barren and the coastal wa- HON. IKE SKELTON of her beloved husband, Stelios, she took on ters muddy with topsoil runoff. OF MISSOURI the continuation of his work with the Depart- Clean water and working sewage systems are largely inaccessible. In a country suf- IN THE HOUSE OF REPRESENTATIVES ment of Health of Cyprus and the Greenpoint Chapter of Deborah Hospital, securing free fering from dangerous outbreaks of polio and Monday, February 26, 2001 drug-resistant tuberculosis, health care is a therapy and surgeries for children with cancer. luxury. Housing in rural Haiti is crowded Mr. SKELTON. Mr. Speaker, it is with great Today Ismini is a member of the Pancyprian and inadequate. In the cardboard shacks and pride that I inform the House of the presen- Association of America and its subdivision, the plastic villages of the urban slums, it’s tation of the Navy Captain Edward F. Ney Me- Women’s Issues Network, as well as a mem- downright dangerous. morial Awards to two Navy ships with ties to ber and the President of the Choir of the Americans have an interest in keeping Hai- Missouri. Pancyprian Cultural Division. She is also a tians in Haiti. Those who take to rafts to The U.S.S. Harry S Truman (CVN 75) was risk ocean crossings either die along the way member of the committee for Scholarships or end up as refugees on our shores. The awarded first place in the aircraft carrier divi- from the PanPaphian Association, and Treas- United States also has an interest in stem- sion and the U.S.S. Jefferson City (SSN 759) urer of the Greek Children’s Fund at Memorial ming the flow of drugs coming from South was awarded honorable mention in the sub- Sloan Kettering and Schneider Hospitals. She America by way of Haiti. marine division. is also on the Board of Directors of the Cyprus Some critics call Aristide a threat. In my The Ney awards were established in 1958 Federation of America and is a production work with him over the past decade, I have by the Secretary of the Navy and the Inter- found him to be an honorable man who looks member of the television show ‘‘H Kypros out for the poor and the vulnerable. national Food Service Executives Association Mas’’ (Our Cyprus) hosted and produced by It is time to end a debate based on rumor to improve and recognize quality food service Petros Petridis, with whom she has worked and focus instead on Aristide’s commitment in the Navy. The awards honor overall food with for many years organizing theatrical and to use his new term of office to reform Hai- service excellence by evaluating key areas in cultural events. tian institutions, fix the worst aspects of the customer service, restauranteurship, cleanli- Ismini Michaels lives in Queens and has last elections, and reach out to the opposi- ness and management. An independent team tion. three daughters, Maria, Andri and Noni. From This commitment was made in a solemn that reviewed food preparation, management, her daughter Andri she has two grandchildren, agreement with the U.S. government last administration, equipment safety, sanitation, Stella and Nicholas. December. Haiti agreed to implement a num- plastic waste and disposal evaluated each cat- I wish her the best of health so that she ber of important political, judicial, and eco- egory. may continue her many contributions toward nomic reforms, including: Holding runoff Mr. Speaker, the men and women respon- her fellow man and her beloved homelands of elections to settle disputes over 10 Senate sible for this exemplary service deserved to be the United States and Cyprus. last May, establishing an electoral council recognized. I know the Members of the House with opposition parties, increasing coopera- f tion with the United States to fight drug- will join me in extending congratulations to the SHOULD THE U.S. HELP HAITI? trafficking and money-laundering, strength- servicepeople aboard these ships. ening the judicial system and protecting f human rights; and launching discussions HON. JOHN CONYERS, JR. with international financial institutions to IN HONOR OF THE PANCYPRIAN OF MICHIGAN craft strategies to achieve budgetary and ASSOCIATION OF AMERICA AND economic reforms. IN THE HOUSE OF REPRESENTATIVES THE HONOREE OF THEIR AN- President Bush and Secretary of State NUAL DINNER–DANCE, ISMINI MI- Monday, February 26, 2001 Colin Powell should accept the pact signed CHAELS by the Clinton administration. In addition, Mr. CONYERS. Mr. Speaker, today I would opposition leaders ought to work with and like to bring to the attention of the House an not obstruct the Article administration. HON. CAROLYN B. MALONEY article written by one of our former colleagues, A key factor in raising the standard of liv- OF NEW YORK Joseph Kennedy, II. In an article which origi- ing for ordinary Haitians is private-sector investments in Haiti. In the last year, Fu- IN THE HOUSE OF REPRESENTATIVES nally appeared in the Boston Globe, Mr. Ken- nedy takes note of the spectacular progress sion Telecommunications, whose board I Monday, February 26, 2001 that Haiti has made towards democracy. He serve on, assisted the Haitian national phone company, Teleco. I was proud to help bring Mrs. MALONEY of New York. Mr. Speaker, lauds their progress though they are one of more than $1 million in private investment I wish to bring to the attention of this congress the poorest countries in the world and have from Fusion into Haiti. Of course, there are an outstanding organization located in my dis- environment, water, and electricity problems. hurdles investing in developing countries, trict in Queens. The Pancyprian Association of Additionally, the majority of Haitians are illit- but these challenges should not translate

VerDate 112000 02:15 Feb 27, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A26FE8.012 pfrm08 PsN: E26PT1 E210 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2001 into abandonment, political or economic. celebrates her 90th birthday this weekend on Ms. Matula has been involved in Roosevelt The alternative to abandonment is engage- February 19, 2001. Ms. Matula leads a rich Island community concerns since the begin- ment. and wonderful life and contributes greatly to We can help Haiti overcome its brutal his- ning. She worked at the Goldwater hospital as tory and enter a new period of peace and the community in which she lives. She is a a medical secretary until her retirement in prosperity. It will not happen overnight, but model of civic virtue and community leader- 1976. While there Ms. Matula helped residents ship and a beacon of hope for all of us who without the commitment of the private and improve and maintain their health on numer- public sectors, it will not happen at all. desire greater participation in the public ous occasions. She even led the Roosevelt Is- Ten years ago, the poor of Port-au-Prince sphere where the concerns of the many come whitewashed their city walls, emblazoned before the demands of the few. land nutrition program for eight years, focusing them with the insignia of President Ms. Matula is a founder, a stalwart member, on the prevention of illness and the health of Aristide’s party, and cheered as their presi- everyone on the island. dent-elect rode to his inauguration. and a great leader of the Roosevelt Island The second Aristide government is poised Seniors Association (RISA). Founded in 1976, Joan has always cared about her country to accept the world’s help to build a new RISA brings the Roosevelt Island senior com- and has consistently participated in the elec- Haiti. Turning our backs will simply create munity together to make the island a better toral process. She served as a member of the a new crisis. The Haitian people posses vast place to live and to enjoy the company of New York City election Board for 20 years and resources of spirit and ingenuity. Unleashing neighbors. their economic potential will build a strong- encouraged Roosevelt Island residents to vote As a co-founder of RISA in 1976, Ms. er nation, create new partnerships in the re- in numerous elections. gion, and redeem the promise of democracy Matula has served in many capacities, includ- so long desired to Haiti. ing service as the organization’s president for Ms. Matula is truly a remarkable person. four terms and vice-president for two terms. She is always there whenever there is an f She knows well the needs of the senior com- event to promote on Roosevelt Island or an IN HONOR OF JOAN MATULA ON munity on Roosevelt Island and the best ap- idea upon which to build. I consider Joan a THE OCCASION OF HER 90TH proaches to meet those needs. Believe me very dear friend and, as many residents of Mr. Speaker, Roosevelt Island has seldom, BIRTHDAY Roosevelt Island know, to know Joan is to very seldom witnessed a seniors event, or love her. Mr. Speaker, I salute the life and HON. CAROLYN B. MALONEY even a general island activity, parade or public event that Ms. Matula has not attended. She work of Joan Matula and I ask my fellow OF NEW YORK literally ran the senior center for six years and Members of Congress to join me in recog- IN THE HOUSE OF REPRESENTATIVES has represented RISA at the Roosevelt Island nizing the contributions she has made to the Monday, February 26, 2001 Residents Association (RRA) since 1977, community of Roosevelt Island, to the great Mrs. MALONEY of New York. Mr. Speaker, bringing the concern of the seniors to the at- City of New York and to our country. I wish to pay tribute to Ms. Joan Matula, who tention of leading figures in the community.

VerDate 112000 02:15 Feb 27, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A26FE8.015 pfrm08 PsN: E26PT1 February 26, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E211 SENATE COMMITTEE MEETINGS of the current drug situation, including 10 a.m. Title IV of Senate Resolution 4, human rights issues, future budget Foreign Relations needs, Embassy staffing issues, poten- To hold hearings to examine the anti- agreed to by the Senate on February 4, tial for regional spillover, and any as- drug certification process. 1977, calls for establishment of a sys- sociated time lines and goals. SD–419 tem for a computerized schedule of all SD–215 Banking, Housing, and Urban Affairs meetings and hearings of Senate com- 10:30 a.m. Business meeting to consider S. 143, to mittees, subcommittees, joint commit- Foreign Relations amend the Securities Act of 1933 and tees, and committees of conference. Organizational business meeting to con- the Securities Exchange Act of 1934, to This title requires all such committees sider proposed legislation requesting reduce securities fees in excess of those to notify the Office of the Senate Daily funds for the committee’s operating ex- required to fund the operations of the Digest—designated by the Rules com- penses. Securities and Exchange Commission, to adjust compensation provisions for mittee—of the time, place, and purpose SD–419 Environment and Public Works employees of the Commission; proposed of the meetings, when scheduled, and legislation requesting funds for the any cancellations or changes in the Organizational business meeting to consider proposed legislation requesting committee’s operating expenses, sub- meetings as they occur. funds for the committee’s operating ex- committee assignments, and rules of As an additional procedure along penses, subcommittee assignments, and procedure for the 107th Congress. SD–538 with the computerization of this infor- rules of procedure for the 107th Con- 11 a.m. mation, the Office of the Senate Daily gress. Budget Digest will prepare this information for SD–406 To hold hearings to examine the Presi- printing in the Extensions of Remarks 11 a.m. dent’s proposed budget request for fis- section of the Congressional Record on Foreign Relations cal year 2002. Monday and Wednesday of each week. To hold hearings to examine the report SD–608 Meetings scheduled for Tuesday, Feb- of the Independent Task Force cospon- 2:30 p.m. ruary 27, 2001 may be found in the sored by the Council on Foreign Rela- Foreign Relations Daily Digest of today’s RECORD. tions and the Center for Strategic and Near Eastern and South Asian Affairs Sub- International Studies on State Depart- MEETINGS SCHEDULED committee ment Reform. To hold hearings to examine United SD–419 States policy towards Iraq. FEBRUARY 28 2 p.m. SD–419 9 a.m. Intelligence Armed Services Agriculture, Nutrition, and Forestry To hold closed hearings on intelligence To hold hearings on current and future Organizational business meeting to con- matters. worldwide threats to the national secu- sider proposed legislation requesting SH–219 rity of the United States, to be fol- funds for the committee’s operating ex- Finance lowed by closed hearings (in Room SH– penses, subcommittee assignments, Organizational business meeting to con- 219). rules of procedure for the 107th Con- sider proposed legislation requesting SH–216 gress; to be followed by hearings to ex- funds for the committee’s operating examine statutes of conservation pro- penses, subcommittee assignments, and MARCH 2 grams in the current farm bill. rules of procedure for the 107th Con- 9:30 a.m. SR–328A gress. Governmental Affairs Small Business SD–215 Investigations Subcommittee Organizational business meeting to con- 2:30 p.m. To continue hearings to examine the role sider proposed legislation requesting Finance of United States correspondent bank- funds for the committee’s operating ex- To hold hearings to examine certain rev- ing and offshore banks as vehicles for penses and rules of procedure for the enue proposals within the President’s internatinal money laundering, and the 107th Congress. proposed budget request for fiscal year efforts of financial entities, federal reg- SR–428A 2002. ulators, and law enforcement to limit Indian Affairs money laundering activities within the Organizational business meeting to con- SD–215 United States. sider pending committee business; to SD–342 be followed by hearings to receive the MARCH 1 10 a.m. views of the Department of the Interior 9 a.m. Budget on matters of Indian Affairs. Agriculture, Nutrition, and Forestry To continue hearings to examine the SR–485 To continue hearings to examine the President’s proposed budget request for 9:30 a.m. statutes of conservation programs in fiscal year 2002. Health, Education, Labor, and Pensions the current farm bill. SD–608 Organizational business meeting to con- SH–216 sider proposed legislation requesting 9:30 a.m. MARCH 6 funds for the committee’s operating ex- Veterans’ Affairs 9:30 a.m. penses, subcommittee assignments, and To hold joint hearings with the House Governmental Affairs rules of procedure for the 107th Con- Committee on Veterans’ Affairs to ex- Investigations Subcommittee gress. amine the legislative recommendations SD–430 To resume hearings to examine the role of the Retired Enlisted Association, of United States correspondent bank- Rules and Administration Gold Star Wives of America, Fleet Re- Organizational business meeting to con- ing and offshore banks as vehicles for serve Association, and the Air Force internatinal money laundering, and the sider pending committee business. Sergeants Association. SR–301 efforts of financial entities, federal reg- 345 Cannon Building 10 a.m. ulators, and law enforcement to limit Commerce, Science, and Transportation Veterans’ Affairs money laundering activities within the To hold hearings to examine the progress To hold joint hearings with the House United States. Committee on Veterans’ Affairs to ex- of the transition from analog to digital SD–342 amine the legislative recommendations TV. of the Veterans of Foreign Wars. SR–253 MARCH 8 345 Cannon Building Governmental Affairs 9:30 a.m. Appropriations Investigations Subcommittee Veterans’ Affairs Defense Subcommittee To hold hearings to examine the role of To hold joint hearings with the House To hold hearings to examine proposed United States correspondent banking Committee on Veterans’ Affairs to ex- budget estimates for fiscal year 2002 for and offshore banks as vehicles for amine the legislative recommendations defense health programs. internatinal money laundering, and the of the Paralyzed Veterans of America, SD–192 efforts of financial entities, federal reg- Jewish War Veterans, Blinded Veterans United States Senate Caucus on Inter- ulators, and law enforcement to limit Association, the Non-Commissioned Of- national Narcotics Control money laundering activities within the ficers Association, and the Military To hold hearings to examine Plan Colom- United States. Order of the Purple Heart. bia and to make an initial assessment SD–342 345 Cannon Building

VerDate 112000 02:27 Feb 27, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A26FE8.016 pfrm08 PsN: E26PT1 E212 CONGRESSIONAL RECORD — Extensions of Remarks February 26, 2001 MARCH 13 MARCH 27 MAY 1 9:30 a.m. 10 a.m. 10 a.m. Appropriations Appropriations Appropriations Energy and Water Development Sub- Energy and Water Development Sub- Energy and Water Development Sub- committee committee committee To hold hearings on proposed budget es- To hold hearings on proposed budget es- To hold hearings on proposed budget estimates for fiscal year 2002 for certain timates for fiscal year 2002 for certain timates for fiscal year 2002 for certain programs that fall within the jurisdic- programs that fall within the jurisdic- programs that fall within the jurisdiction of the subcommittee. tion of the subcommittee. tion of the subcommittee. SD–124 SD–124 SD–124

MARCH 14 APRIL 3 POSTPONEMENTS 10 a.m. 10 a.m. Veterans’ Affairs Appropriations MARCH 1 To hold joint hearings with the House Energy and Water Development Sub- 9:30 a.m. Committee on Veterans’ Affairs to ex- committee Energy and Natural Resources amine the legislative recommendations To hold hearings on proposed budget es- To hold hearings on S. 26, to amend the of the Disabled American Veterans. timates for fiscal year 2002 for certain Department of Energy Authorization 345 Cannon Building programs that fall within the jurisdic- Act to authorize the Secretary of En- tion of the subcommittee. ergy to impose interim limitations on MARCH 22 SD–124 the cost of electric energy to protect 10 a.m. consumers from unjust and unreason- Veterans’ Affairs APRIL 24 able prices in the electric energy mar- To hold joint hearings with the House 10 a.m. ket; S. 80, to require the Federal En- Committee on Veterans’ Affairs to ex- Appropriations ergy Regulatory Commission to order amine the legislative recommendations Energy and Water Development Sub- refunds of unjust, unreasonable, unduly of the AMVETS, American Ex-Pris- committee discriminatory or preferential rates or charges for electricity, to establish oners of War, Vietnam Veterans of To hold hearings on proposed budget es- cost-based rates for electricity sold at America, Retired Officers Association, timates for fiscal year 2002 for certain wholesale in the Western Systems Co- and the National Association of State programs that fall within the jurisdic- ordinating Council; and S. 287, to direct Directors of Veterans Affairs. tion of the subcommittee. the Federal Energy Regulatory Com- 345 Cannon Building SD–124 mission to impose cost-of-service based rates on sales by public utilities of electric energy at wholesale in the western energy market, and committee amendment No. 12 to S. 287 listed above. SD-106

VerDate 112000 02:15 Feb 27, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\M26FE8.000 pfrm08 PsN: E26PT1 Monday, February 26, 2001 Daily Digest Senate Chamber Action Additional Cosponsors: Pages S1586–87 Additional Statements: Page S1584 Routine Proceedings, pages S1543–S1591 Notices of Hearings: Pages S1588–89 Measures Introduced: Four bills were introduced, as follows: S. 388–391. Page S1586 Authority for Committees: Page S1589 Washington’s Farewell Address: Senator Allen Privileges of the Floor: Page S1589 read Washington’s Farewell Address: Pages S1543–48 Adjournment: Senate met at 12 noon, and ad- Appointments: journed at 4:05 p.m., until 10 a.m., on Tuesday, Board of Visitors of the U.S. Air Force Academy: February 27, 2001. (For Senate’s program, see the re- The Chair, on behalf of the Vice President, pursuant marks of the Acting Majority Leader in today’s to 10 U.S.C. 9355(a), appointed Senator Allard, from Record on pages S1590–91.) the Committee on Armed Services, to the Board of Visitors of the U.S. Air Force Academy. Page S1590 Committee Meetings Board of Visitors of the U.S. Military Academy: The Chair, on behalf of the Vice President, pursuant (Committees not listed did not meet) to 10 U.S.C. 4355(a), appointed Senator Santorum, from the Committee on Armed Services, to the FCA NATIONAL CHARTERS Board of Visitors of the U.S. Military Academy. Committee on Agriculture, Nutrition, and Forestry: Com- Page S1590 mittee concluded hearings to examine issues related Board of Visitors of the U.S. Naval Academy: to proposed regulations of the Farm Credit Adminis- The Chair, on behalf of the Vice President, pursuant tration on national charters, which would remove the to 10 U.S.C. 6968(a), appointed Senator McCain, Farm Credit System’s limitation of lending activity from the Committee on Armed Services, to the to certain geographical regions, and allow individual Board of Visitors of the U.S. Naval Academy. farm credit lending institutions to lend to farmers Page S1590 and other agribusinesses nationally, after receiving Women’s Progress Commemoration Commission: testimony from Representative Leach; Michael M. The Chair, on behalf of the Majority Leader, pursu- Reyna, Chairman/Chief Executive Officer, Farm ant to Public Law 105–341, announced the appoint- Credit Administration; Bobby D. Williams, Herit- ment of Becky Norton Dunlop, of Virginia, to the age Land Bank, Tyler, Texas, and Jack Webster, Women’s Progress Commemoration Commission. Farm Credit Services of America, Omaha, Nebraska, Page S1590 both on behalf of the Farm Credit Council; Philip Nominations Received: Senate received the fol- Burns, Farmers and Merchants National Bank, West lowing nomination: Point, Nebraska, on behalf of the American Bankers Mark A. Weinberger, of Maryland, to be an As- Association; Dale Leighty, First National Bank of sistant Secretary of the Treasury. Page S1591 Las Animas, Las Animas, Colorado, on behalf of the Independent Community Bankers of America; and Executive Communications: Pages S1584–86 Peter J. Barry, University of Illinois Center for Farm Statements on Introduced Bills: Pages S1587–88 and Rural Business Finance, Urbana.

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VerDate 11-MAY-2000 01:53 Feb 27, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D26FE1.REC pfrm08 PsN: D26FE1 D136 CONGRESSIONAL RECORD — DAILY DIGEST February 26, 2001 House of Representatives Chamber Action NEW PUBLIC LAWS H.J. Res. 7, recognizing the 90th birthday of Bills Introduced: 7 public bills, H.R. 723–726; Ronald Reagan. Signed February 15, 2001. (Public and 3 resolutions, H. Res. 54–56, were introduced. Law 107–1) Pages H411–12 f Reports Filed: Reports were filed today as follows: H.R. 256, to extend for 11 additional months the CONGRESSIONAL PROGRAM AHEAD period for which chapter 12 of title 11 of the United Week of February 27 through March 3, 2001 States Code is reenacted (H. Rept. 107–2); and H.R. 333, Bankruptcy Abuse Prevention and Senate Chamber Consumer Protection Act of 2001 (H. Rept. 107–3, During the remainder of the week, Senate may Part 1) Page H411 consider any cleared legislative and executive busi- Speaker Pro Tempore: Read a letter from the ness. Speaker wherein he designated Representative Wolf Senate Committees to act as Speaker pro tempore for today. Page H401 Commission on Security and Cooperation in Eu- (Committee meetings are open unless otherwise indicated) rope: The Chair announced that on February 15, Special Committee on Aging: February 27, organizational business meeting to consider proposed legislation request- 2001, the Speaker appointed the following Members ing funds for the committee’s operating expenses, and of the House to the Commission on Security and Co- rules of procedure for the 107th Congress, 4 p.m., operation in Europe: Mr. Smith of New Jersey, Co- SD–608. chairman, Mr. Wolf of Virginia; Mr. Pitts of Penn- Committee on Agriculture, Nutrition, and Forestry: Feb- sylvania; Mr. Wamp of Tennessee; and Mr. Aderholt ruary 28, organizational business meeting to consider proof Alabama. Page H401 posed legislation requesting funds for the committee’s operating expenses, subcommittee assignments, rules of pro- Consideration of Suspensions: Agreed that it be in cedure for the 107th Congress; to be followed by hearings order at any time on the legislative day of Wednes- to examine statutes of conservation programs in the cur- day, February 28, 2001, for the Speaker to entertain rent farm bill, 9 a.m., SR–328A. motions that the House suspend the rules relating to March 1, Full Committee, to continue hearings to ex- the following measures: H.R. 256, H.R. 558, H.R. amine the statutes of conservation programs in the cur- 621, and H. Con. Res. 27. Page H401 rent farm bill, 9 a.m., SH–216. Committee on Appropriations: February 27, Subcommittee Senate Messages: Messages received by the Senate on Labor, Health and Human Services, and Education, to appear on page H401. hold hearings to examine muscular dystrophy research Referrals: S. 320 was referred to the Committee on funding levels, 9:30 a.m., SH–216. February 27, Subcommittee on Energy and Water De- Judiciary, S. 360 was referred to the Committees on velopment, to hold hearings on activities of the Army International Relations and Education and the Corps of Engineers Inspector General’s Office, 11 a.m., Workforce, S. Con. Res. 12 was referred to the Com- SD–138. mittee on Energy and Commerce, and S. Con. Res. February 28, Subcommittee on Defense, to hold hear- 13 was referred to the Committee on International ings to examine proposed budget estimates for fiscal year Relations. Page H405 2002 for defense health programs, 10 a.m., SD–192. Committee on Armed Services: February 27, to hold hear- Quorum Calls—Votes: No quorum calls or re- ings on the nomination of Paul D. Wolfowitz, to be Dep- corded votes developed during the proceedings of the uty Secretary of Defense, 9:30 a.m., SD–106. House today. March 1, Full Committee, to hold hearings on current Adjournment: The House met at 2 p.m. and ad- and future worldwide threats to the national security of the United States, to be followed by closed hearings (in journed at 2:05 p.m. Room SH–219), 2:30 p.m., SH–216. Committee on Banking, Housing, and Urban Affairs: March 1, business meeting to consider S. 143, to amend Committee Meetings the Securities Act of 1933 and the Securities Exchange No Committee meetings were held. Act of 1934, to reduce securities fees in excess of those required to fund the operations of the Securities and Ex- change Commission, to adjust compensation provisions

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for employees of the Commission; proposed legislation re- February 28, Full Committee, organizational business questing funds for the committee’s operating expenses, meeting to consider proposed legislation requesting funds subcommittee assignments, and rules of procedure for the for the committee’s operating expenses, 10:30 a.m., 107th Congress, 10 a.m., SD–538. SD–419. Committee on the Budget: March 1, to hold hearings to February 28, Full Committee, to hold hearings to ex- examine the President’s proposed budget request for fiscal amine the report of the Independent Task Force cospon- year 2002, 11 a.m., SD–608. sored by the Council on Foreign Relations and the Center March 2, Full Committee, to continue hearings to ex- for Strategic and International Studies on State Depart- amine the President’s proposed budget request for fiscal ment Reform, 11 a.m., SD–419. year 2002, 10 a.m., SD–608. March 1, Full Committee, to hold hearings to examine Committee on Commerce, Science, and Transportation: March the anti-drug certification process, 10 a.m., SD–419. 1, to hold hearings to examine the progress of the transi- March 1, Subcommittee on Near Eastern and South tion from analog to digital TV, 9:30 a.m., SR–253. Asian Affairs, to hold hearings to examine United States Committee on Energy and Natural Resources: March 1, to policy towards Iraq, 2:30 p.m., SD–419. hold hearings on S. 26, to amend the Department of En- Committee on Governmental Affairs: February 27, to hold ergy Authorization Act to authorize the Secretary of En- hearings on the nomination of Sean O’Keefe, of New ergy to impose interim limitations on the cost of electric York, to be Deputy Director of the Office of Manage- energy to protect consumers from unjust and unreason- ment and Budget, 10:30 a.m., SD–342. able prices in the electric energy market; S. 80, to require March 1, Permanent Subcommittee on Investigations, the Federal Energy Regulatory Commission to order re- to hold hearings to examine the role of United States cor- funds of unjust, unreasonable, unduly discriminatory or respondent banking and offshore banks as vehicles for preferential rates or charges for electricity, to establish international money laundering, and the efforts of finan- cost-based rates for electricity sold at wholesale in the cial entities, federal regulators, and law enforcement to Western Systems Coordinating Council; and S. 287, to limit money laundering activities within the United direct the Federal Energy Regulatory Commission to im- States, 9:30 a.m., SD–342. pose cost-of-service based rates on sales by public utilities March 2, Permanent Subcommittee on Investigations, of electric energy at wholesale in the western energy mar- to continue hearings to examine the role of United States ket, and committee amendment No. 12 to S. 287 listed correspondent banking and offshore banks as vehicles for above, 9:30 a.m., SD–106. international money laundering, and the efforts of finan- Committee on Environment and Public Works: February 27, cial entities, federal regulators, and law enforcement to Subcommittee on Superfund, Waste Control, and Risk limit money laundering activities within the United Assessment, to hold hearings on S. 350, to amend the States, 9:30 a.m., SD–342. Comprehensive Environmental Response, Compensation, Committee on Health, Education, Labor, and Pensions: Feb- and Liability Act of 1980 to promote the cleanup and ruary 28, organizational business meeting to consider pro- reuse of brownfields, to provide financial assistance for posed legislation requesting funds for the committee’s op- brownfields revitalization, to enhance State response pro- erating expenses, subcommittee assignments, and rules of grams, 10:15 a.m., SD–406. procedure for the 107th Congress, 9:30 a.m., SD–430. February 28, Full Committee, organizational business Committee on Indian Affairs: February 28, organizational meeting to consider proposed legislation requesting funds business meeting to consider pending committee busi- for the committee’s operating expenses, subcommittee as- ness; to be followed by hearings to receive the views of signments, and rules of procedure for the 107th Congress, the Department of the Interior on matters of Indian Af- 10:30 a.m., SD–406. fairs, 9 a.m., SR–485. Committee on Finance: February 27, to hold hearings to Select Committee on Intelligence: February 28, to hold examine United States trade policy, focusing on principal closed hearings on intelligence matters, 2 p.m., SH–219. trade policy challenges and opportunities, and the impor- Committee on the Judiciary: February 27, business meet- tance of maintaining America’s leadership role in building to resume markup of an original bill to amend title ing and sustaining the international trading system, 10 11, United States Code, relating to bankruptcy reform, a.m., SD–215. 2:30 p.m., SD–226. February 28, Full Committee, organizational business Committee on Rules and Administration: February 28, or- meeting to consider proposed legislation requesting funds ganizational business meeting to consider pending com- for the committee’s operating expenses, subcommittee as- mittee business, 9:30 a.m., SR–301. signments, and rules of procedure for the 107th Congress, United States Senate Caucus on International Narcotics Con- 2 p.m., SD–215. trol: February 28, to hold hearings to examine Plan Co- February 28, Full Committee, to hold hearings to ex- lombia and to make an initial assessment of the current amine certain revenue proposals within the President’s drug situation, including human rights issues, future proposed budget request for fiscal year 2002, 2:30 p.m., budget needs, Embassy staffing issues, potential for re- SD–215. gional spillover, and any associated time lines and goals, Committee on Foreign Relations: February 27, Sub- 10 a.m., SD–215. committee on European Affairs, to hold hearings to ex- Committee on Small Business: February 28, organizational amine the state of the North Atlantic Treaty Organiza- business meeting to consider proposed legislation request- tion Alliance, 10:30 a.m., SD–419. ing funds for the committee’s operating expenses and

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March 1, Full Committee, to hold joint hearings with Committee on Agriculture, February 28, hearing to review the House Committee on Veterans’ Affairs to examine the federal farm commodity programs with the American legislative recommendations of the Retired Enlisted Asso- Farm Bureau Federation, 10 a.m., 1300 Longworth. ciation, Gold Star Wives of America, Fleet Reserve Asso- Committee on Appropriations, February 28, to hold an or- ciation, and the Air Force Sergeants Association, 9:30 ganizational meeting, 2 p.m., 2359 Rayburn. a.m., 345 Cannon Building. March 1, Subcommittee on Agriculture, Rural Devel- opment, Food and Drug Administration and Related House Chamber Agencies, on the FDA, 9:30 a.m., 2362 Rayburn. Committee on the Budget, March 1, hearing on the Presi- Tuesday, the House will meet at 12:30 p.m. for dent’s Budget for fiscal year 2002, 10 a.m., 210 Cannon. morning hour and 2:00 p.m. for legislative business: March 1, hearing on the Department of the Treasury (1) H. Res. 54, commending African American Budget Priorities for fiscal year 2002, 3 p.m., 210 Can- Pioneers in Colorado (suspension); non. (2) H. Res. , honoring Dale Earnhardt and ex- March 2, hearing on Current Fiscal Issues, 10 a.m., pressing the condolences of the House of Representa- 210 Cannon. tives to his family on his death (suspension); Committee on Education and the Workforce, March 1, hear- (3) H. Res. 55, recognizing Dr. Dorothy Irene ing on State Leadership in Education Reform, 10:30 a.m., 2175 Rayburn. Height as an advocate and crusader for human rights Committee on Energy and Commerce, February 28, to mark (suspension); up the following: H.R. 90, Know Your Caller Act of (4) H. Con. Res. , honoring sacrifices made by 2001; H.R. 496, Independent Telecommunications Con- 28 U.S. soldiers killed by an Iraqi missile attack sumer Enhancement Act of 2001; H.R. 624, to amend during Operation Desert Storm, and resolving to the Public Health Service Act to promote organ donation; support effective missile defense programs (suspen- H. Con. Res. 31, expressing the sense of the Congress re- sion); garding the importance of organ, tissue, bone marrow, (5) H. Con. Res. 14, use of the Capitol rotunda and blood donation and supporting National Donor Day; for commemoration of the days of remembrance of a measure to amend the Consumer Product Safety Act to victims of the Holocaust (unanimous consent); and provide that low-speed electric bicycles are consumer products subject to such Act; the Made in America Infor- (6) H. J. Res. 19, appointment of Walter E. mation Act; H.R. 724, authorizing appropriations to Massey to the Board of Regents of the Smithsonian carry out part B of title I of the Energy Policy and Con- Institution (unanimous consent). servation Act, relating to the Strategic Petroleum Re- Any recorded votes will be postponed until 5:00 p.m. serve; and H.R. 723, to amend the Atomic Energy Act The House will then convene at 9:00 p.m. in of 1954 to remove separate treatment or exemption for Joint Session with the Senate for the purpose of re- nuclear safety violations by nonprofit institutions, 10 ceiving an address by the President of the United a.m., 2123 Rayburn. States. February 28, Subcommittee on Energy and Air Qual- Wednesday, the House will meet at 10:00 a.m. for ity, hearing on National Energy Policy, focusing on nat- consideration of suspensions: ural gas issues, 1 p.m., 2123 Rayburn. March 1, Subcommittee on Commerce, Trade and Con- (1) H.R. 256, Family Farmer Bankruptcy Relief sumer Protection, hearing on Privacy in the Commercial Extension; World, focusing on basic privacy questions, 10 a.m., (2) H.R. 558, Designation of the ‘Edward N. 2322 Rayburn. Cahn Federal Building and United States Court- March 1, Subcommittee on Health and the Sub- house’ in Allentown, Pennsylvania; committee on Oversight and Investigations, joint hearing (3) H.R. 621, Designation of the ‘James C. on Patients First: A 21st Century Promise to Ensure Corman Federal Building’ in Van Nuys, California; Quality and Affordable Health Coverage, focusing on im- and proving patients’ access to new technologies in the Medi- care program, 10 a.m., 2123 Rayburn. (4) H. Con. Res. 27, Honoring the National Insti- Committee on Financial Services, February 28, hearing on tute of Standards and Technology and its employees Monetary Policy and the State of the Economy, 9:30 for 100 years of service. a.m., 2128 Rayburn. Thursday, the House will meet at 10:00 a.m. for Committee on Government Reform, February 28, hearing on consideration of H.R. 333, Bankruptcy Abuse Pre- ‘‘Special Education-Is IDEA Working as Congress In- vention and Consumer Protection Act of 2001 (sub- tended?’’ 1 p.m., 2154 Rayburn.

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March 1, to continue hearings on ‘‘The Controversial Committee on Science, February 28, hearing on the Na- Pardon of International Fugitive Marc Rich—Day Two,’’ tion’s Energy Future: Role of Renewable Energy and En- 10 a.m., 2154 Rayburn. ergy Efficiency, 10 a.m., 2318 Rayburn. March 2, Subcommittee on Criminal Justice, Drug Committee on Small Business, February 28, to hold an or- Policy, and Human Resources, hearing on ‘‘The Status of ganizational meeting, 2 p.m., 2360 Rayburn. Plan Columbia,’’ 9:30 a.m., 2247 Rayburn. Committee on Transportation and Infrastructure, February March 2, Subcommittee on National Security, Veterans 28, Subcommittee on Water Resources and Environment, Affairs, and International Relations, hearing on ‘‘The De- hearing on Improving Water Quality: State Perspectives fense Security Service: Mission Degradation?’’ 10 a.m., on the Federal Water Pollution Control Act, 10 a.m., 2154 Rayburn. 2167 Rayburn. Committee on House Administration, March 1, to consider Committee on Ways and Means, February 28, Sub- Committee funding requests, 10 a.m., 1310 Longworth. committee on Health, hearing on Medicare Reform, 10 Committee on International Relations, February 28, Sub- a.m., 1100 Longworth. committee on International Operations and Human February 28, Subcommittee on Social Security, hearing on the SSA’s Proposal to Implement Return to Work Rights, hearing on International Broadcasting: Its Mis- Legislation, 2 p.m., B–318 Rayburn. sion, Budget and Future, 2 p.m., 2200 Rayburn. March 1, full Committee, hearing on Conducting Di- Joint Meetings plomacy in a Global Age, 11 a.m., 2172 Rayburn. February 28, Senate Committee on Veterans’ Affairs, to March 1, Subcommittee on the Middle East and South hold joint hearings with the House Committee on Vet- Asia, hearing on the Earthquake in India: the American erans’ Affairs to examine the legislative recommendations Response, 9 a.m., 2172 Rayburn. of the Veterans of Foreign Wars, 10 a.m., 345 Cannon Committee on the Judiciary, February 28, Subcommittee Building. on the Constitution, oversight hearing on ‘‘The Presi- March 1, Senate Committee on Veterans’ Affairs, to dential Pardon Power,’’ 11 a.m., 2141 Rayburn. hold joint hearings with the House Committee on Vet- Committee on Rules, February 28, to consider H.R. 333, erans’ Affairs to examine the legislative recommendations Bankruptcy Abuse Prevention and Consumer Protection of the Retired Enlisted Association, Gold Star Wives of Act of 2001, 2 p.m., H–313 Capitol. America, Fleet Reserve Association, and the Air Force Sergeants Association, 9:30 a.m., 345 Cannon Building.

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Next Meeting of the Senate Next Meeting of the House of Representatives 10 a.m., Tuesday, February 27 12:30 p.m., Tuesday, February 27

Senate Chamber House Chamber Program for Tuesday: After the recognition of two Sen- Program for Tuesday: Consideration of the following ators for speeches, and the transaction of any morning measures: business, Senate will recess from 12:30 p.m. until 2:15 p.m., (1) H. Res. 54, commending African American Pio- for their respective party conferences. neers in Colorado (suspension); At 8:40 p.m., Senate will proceed to the House of (2) H. Res. , honoring Dale Earnhardt and expressing Representatives to receive the President’s State of the the condolences of the House of Representatives to his Union Address. family on his death (suspension); (3) H. Res. 55, recognizing Dr. Dorothy Irene Height as an advocate and crusader for human rights (suspension); (4) H. Con. Res. , honoring sacrifices made by 28 U.S. soldiers killed by an Iraqi missile attack during Op- eration Desert Storm, and resolving to support effective missile defense programs (suspension); (5) H. Con. Res. 14, use of the Capitol rotunda for commemoration of the days of remembrance of victims of the Holocaust (unanimous consent); (6) H.J. Res. 19, appointment of Walter E. Massey to the Board of Regents of the Smithsonian Institution (unanimous consent). Any recorded votes will be postponed until 5:00 p.m. The House will then convene at 9:00 p.m. in Joint Session with the Senate for the purpose of receiving an address by the President of the United States.

Extensions of Remarks, as inserted in this issue

HOUSE Conyers, John, Jr., Mich., E205, E209 Moakley, John Joseph, Mass., E206 Barr, Bob, Ga., E207 Kaptur, Marcy, Ohio, E206 Moore, Dennis, Kansas, E206, E208 Berman, Howard L., Calif., E207 Leach, James A., Iowa, E207 Skelton, Ike, Mo., E207, E209 Bishop, Sanford D., Jr., Ga., E208 Maloney, Carolyn B., N.Y., E205, E209, E210 Waxman, Henry A., Calif., E207

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