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

Vol. 147 WASHINGTON, WEDNESDAY, SEPTEMBER 26, 2001 No. 127 Senate The Senate met at 9:30 a.m. and was of Your approval and the light of Your from the House, but we understand it is called to order by the Honorable HIL- guidance. In the name of our Lord and on its way. The two managers of the LARY RODHAM CLINTON, a Senator from Saviour. Amen. bill, who have been working on the De- the State of New York. f fense authorization bill, are at the Pen- The PRESIDING OFFICER. Today’s tagon now. We expect them to return prayer will be offered by the guest PLEDGE OF ALLEGIANCE shortly. They have some amendments Chaplain, Dr. Hayes Wicker, Jr., of the The Honorable HILLARY RODHAM they have cleared. First Baptist Church, Naples, FL. CLINTON led the Pledge of Allegiance, As the majority leader announced as follows: PRAYER last night, it is not certain we will pro- I pledge allegiance to the Flag of the ceed with the Defense bill. We are try- The guest Chaplain, Dr. Hayes United States of America, and to the Repub- ing very hard, before 2 p.m. today, to Wicker, Jr., offered the following pray- lic for which it stands, one nation under God, have a finite list of amendments. A er: indivisible, with liberty and justice for all. couple of Members were unwilling to Lord, we praise You as supreme sov- f give us a list. As has been mentioned ereign; from You, through You, and to by the two managers of the bill, Sen- You are all things. By You we were cre- APPOINTMENT OF ACTING ators LEVIN and WARNER, and the ma- ated; in You we trust; in Your word we PRESIDENT PRO TEMPORE jority leader, Senator DASCHLE, this hope. We humble ourselves today and, The PRESIDING OFFICER. The bill is very important. Lord, we ask that You would forgive us clerk will please read a communication for the pride of thinking that we are to the Senate from the President pro We have a state of emergency in this self-made. Forgive us when we desire tempore [Mr. BYRD]. country, and it will send a very bad justice on earth but not in eternity. The assistant legislative clerk read message to the men and women we It’s not easy to live right side up in an the following letter: have in the service that we cannot pass a Defense bill today. So we are hopeful upside down world. Help those on both U.S. SENATE, sides of the aisle in the Senate to be on PRESIDENT PRO TEMPORE, and confident those two Senators who the Lord’s side and not to be neutral Washington, DC, September 26, 2001. have been unwilling to allow us to have with national or personal evil. Father, To the Senate: a finite list of amendments will allow steel our wills to do righteousness, to Under the provisions of rule I, paragraph 3, us to do that. If they do not, as the ma- defend those who cannot defend them- of the Standing Rules of the Senate, I hereby jority leader said, he will have no selves, and to pursue justice for all. appoint the Honorable HILLARY RODHAM choice but to pull this bill. God, bless America and shed Your CLINTON, a Senator from the State of New York, to perform the duties of the Chair. We have the airline legislation we grace on us, not because we deserve it ROBERT C. BYRD, need to complete to make sure that but because of Your mercy and because President pro tempore. passengers are safe. We have important the world so desperately needs a light- Mrs. CLINTON thereupon assumed legislation dealing with employees who house of truth. We thank You that re- the chair as Acting President pro tem- are left without work as a result of the cent horrific events that were meant pore. terrible tragedy in New York. We have for evil can be molded into good and, to do that. We have 12 appropriations Lord, we ask that You would give pro- f bills that have not been completed yet. tection, not mainly for our lifestyle RECOGNITION OF THE ACTING We have a lot of work to do, and there- but for Your glory, for liberty, and for MAJORITY LEADER fore we need to complete the Defense our children and future generations. bill soon. If we have to wait, with no fi- Father, we pray for those who are The ACTING PRESIDENT pro tem- mourning right now, but we thank You pore. The Senator from Nevada. nite list of amendments when we come back, we probably will not be able to that they do not mourn as those who f have no hope, and we do not remember complete it, which will be a shame. as those who have no anchor. SCHEDULE There will be rollcall votes through Lord, we ask You right now to help Mr. REID. Madam President, there the morning, with the last one being at these leaders to be faithful, to fight the will be 30 minutes of morning business 2 p.m. today. There will be no rollcall good fight, to finish the course, and to equally divided between the two lead- votes on Thursday or Friday. The lead- keep the faith. Give us divine wisdom ers today. We expect to consider the er has indicated there will be a late today and not just a human agenda. Military Construction Appropriations vote Monday afternoon more than like- God bless our President with the smile Act today. We have not yet received it ly.

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

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VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9824 CONGRESSIONAL RECORD — SENATE September 26, 2001 RESERVATION OF LEADER TIME retary of Defense Bill Cohen, remarked Ms. COLLINS. Our thoughts and The ACTING PRESIDENT pro tem- of Mary that a raised eyebrow could prayers are with Mary’s wonderful fam- pore. Under the previous order, the send her back to her desk at 8 p.m. to ily, particularly her mother, her hus- leadership time is reserved. work another 4 hours to midnight. band Ed, and her two daughters, Katie She was also a lot of fun, with an op- and Kristen. Katie worked as an intern f timistic outlook and a quick wit that in my office during this past summer MORNING BUSINESS helped to sustain her through her and she is so like her mother—bright, lengthy illness. Mary succeeded me as The ACTING PRESIDENT pro tem- cheerful, strong, and hard working. the subcommittee staff director in pore. Under the previous order, there Mary’s legacy is reflected in those ter- early 1987. She then went on to serve as will now be a period for the transaction rific daughters, as well as in her profes- staff director of the Senate Special of morning business not to extend be- sional career. I am so thankful to have Committee on Aging when Senator Bill yond the hour of 10 a.m., with Senators had the opportunity to have been her Cohen became its chairman. friend. permitted to speak therein for up to 5 During her years in the Senate, Mary minutes each. Under the previous EXHIBIT NO. 1 contributed enormously to legislative EULOGY BY WILLIAM S. COHEN OF MARY order, the majority leader or his des- accomplishments. She drafted signifi- ignee is recognized to speak for up to 15 GERWIN, SEPTEMBER 22, 2001 cant bills, including the Social Secu- We have all been overwhelmed and immo- minutes. Under the previous order, the rity disability reform bill, landmark Republican leader or his designee is bilized by grief in the days since the ter- anti fraud and abuse legislation, nurs- rorist attacks last week. Grief has had the recognized to speak for up to 15 min- ing home, and long-term care Medicaid power to silence us, to bring us together, to utes. reforms, the Independent Counsel Act, rouse us to action. As we have gathered The Senator from Maine. the Ethics In Government Act amend- around television sets since September 11, Ms. COLLINS. Madam President, I ments, and a major revision of the staring mutely at the incomprehensible car- nage and horror, we may have had some ac- ask unanimous consent that I be per- Clinical Laboratories Improvement mitted to speak in morning business quaintance with the victims or we have sim- Act, as well as procurement and infor- ply grieved for our nation and our fellow for 10 minutes. mation technology reforms. Mary was The ACTING PRESIDENT pro tem- citizens. particularly proud of Aging Committee Today is different. Today, we are truly pore. Without objection, it is so or- hearings in 1996 that led to increased taking note of a death in the family. A death dered. funding for the National Institutes of in Mary’s immediate family, of course, but f Health for research on diseases such as also in the family of unique individuals I Alzheimer’s, Parkinson’s, and spinal have been privileged to assemble and work TRIBUTE TO MARY BERRY with during years in Congress, the Pentagon, GERWIN cord injuries. and beyond. This is a team of talented men Mary touched so many lives. Mem- Ms. COLLINS. Madam President, as and women who are bound together by many bers of our Armed Forces and senior invisible threads, who have worked together, our Nation mourns the loss of thou- citizens who never had the pleasure of played together, sometimes fought together, sands of our citizens in the terrorist at- meeting Mary have better lives be- and looked after each other for more than 25 tacks on America, many of us in Wash- cause of her work. But it is we who years. ington and in Maine also grieve the knew her personally who were truly Mary’s death has brought us here today, passing of a very special person who de- pleased. Mary was kind and generous, and we grieve and we are angry. Angry that voted her professional life to public not only to those of us who were her she was so sick for so long, angry that she left us at such a ridiculously young age. But service, Mary Berry Gerwin. friend but to everyone she met or with Mary was only 46 when she died on even in our anger and our grief, we celebrate whom she came in contact. Let me tell her. Everyone in this room knew Mary as a September 18, after a courageous 9-year you one story. colleague, an employee, a boss, a mother, a battle with cancer. In her short time Every day Mary would purchase her daughter, a sister, a wife, or a friend. I’d like on Earth, however, Mary had a greater Washington Post from an elderly man. to talk about the Mary I knew, the Mary all impact on public policy and on those of Her husband Ed used to chuckle that of us knew. us who knew her than most people ac- Mary was the only person in Wash- My friendship with Mary started 20 years complish in lifetimes that last twice as ington who would spend $5 every day age. I was a freshman senator, and she was a kid from Portland who had just gotten out of long as hers. buying her newspaper. I will share with my colleagues a lit- law school. She came to work for me and, Mary approached her illness with an unbeknownst to either of us, we started an tle bit about Mary’s remarkable career abiding faith and remarkable courage adventure together that led to writing and in public service. Most recently, Mary and cheerfulness, even as she under- changing major laws in this country, led to held the position of Deputy Assistant went excruciatingly painful treatments her visiting and working with US troops in Secretary of Defense for Health Affairs. for her cancer. Whenever I called to Korea, Bosnia and Saudi Arabia, led to her During her tenure at the Pentagon, she check on her, she was remarkably up- working with refugee camps in Kosovo, and received the Outstanding Public Serv- beat and optimistic. She would quickly led to a friendship as well. But it started for both of us in Maine. ant Award from then-Secretary of De- turn the conversation to what I or an- fense Bill Cohen. Mary didn’t come from a well-to-do family. other friend was doing, rather than Neither did I. Mary lost her dad when she Among Mary’s duties at the Pen- talking about the treatments she was was just a baby, and her Mother worked at tagon were working with service mem- undergoing. the railroad and raised four terrific kids on bers, retirees, and their families on a I am reminded of Walter Mondale’s her own. Mary knew how real people in variety of health care issues. She trav- tribute to one of our greatest Senators, Maine worked and loved and struggled, and eled extensively to the Middle East, Hubert Humphrey, shortly after Sen- that knowledge made her very effective Korea, and Bosnia, to meet firsthand ator Humphrey’s death. He said: Hu- when she helped to write and rewrite the with service members to discuss health bert taught us how to live and he laws that affected their lives. care and quality-of-life issues. She also Mary and I had something else in common. taught us how to die. Mary, too, taught We both started out as practicing lawyers. visited refugee camps in Kosovo to help us how to live and how to die. But not for long. We were both drawn to the improve conditions there as well. Mary’s boss for two decades, former greater possibilities of public service. Mary I came to know Mary when we Secretary of Defense and Senator Bill graduated cum laude from Georgetown Law worked closely together as staff mem- Cohen, delivered an eloquent eulogy to and spent a very short and uninspiring few bers on the Senate Subcommittee on Mary at her funeral mass on Sunday. I months at a law firm, which prompted her to Oversight of Government Management ask unanimous consent that his eulogy look for work on the Hill. It was one of the luckiest things that could have happened to from 1981 to 1987. The very first day I be printed in the RECORD at the conclu- met her, I knew Mary was a star. She me. sion of my remarks. It seemed there was nothing Mary couldn’t was extraordinarily bright, and no one The ACTING PRESIDENT pro tem- do. She worked closely with a great team ever worked harder or longer. Her work pore. Without objection, it is so or- that included another remarkable young ethic was legendary. In fact, her long- dered. woman named Susan Collins, whose service time boss, former Senator and Sec- (See exhibit No. 1.) as a United States Senator today makes us

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9825 all very proud. Together, this group ran a saved her best energy for being a wife and a that day. Wireless telephone networks subcommittee that oversaw how government mother, as well as a daughter and a sister. were severely overloaded and crashed. programs are run and tried to improve them. You only have to spend a few minutes with Wireless Internet access was sus- Later, Mary ran the staff of the Senate Katie and Kristen to see what kind of moth- pended. Telephone lines were cut, and Aging Committee as well, working to im- er Mary has been, as well as what kind of fa- prove the lives of older Americans. ther Ed has been. Katie and Kristen are ex- communications for people literally in Once I got to know Mary and her work emplary young women—apples who have not communities around the east coast of habits, I used to joke with her that the Nuns fallen very far from the tree. And Mary and the United States came to a standstill. must have really gotten to her in Catholic Ed had one of the best marriages I knew of— Even the immediate communication school—I had never seen anyone who would supportive and positive and loving at all needs of rescue workers, victims, fami- stay so late, work so hard, or be so easily times, even the bad times. lies, and aid groups were a huge strug- made to feel guilty about leaving anything It is remarkable to reflect on Mary’s de- gle to coordinate. Survivors often undone. A simple raised eyebrow could send gree of professional accomplishment and per- couldn’t let family members know they her back to her desk until midnight. sonal success when we consider the inescap- A truly dedicated mother, Mary under- able fact that the last ten years of her life were safe, and families of victims had stood deeply the difficult balance between were spent fighting an awful illness. The no immediate central clearinghouse to being a good parent and being a professional. pain and difficulty she endured is unimagi- find information or file missing person But instead of complaining about it, she nable to most of us. Many of us would have reports. took action—helping to create the Senate given into despair. Mary stayed positive and The hospitals were inundated with Child Care Center so that her children and productive even in the worst of times. She searches, requests for help, and offers others could get the highest quality child hated to be thought of as sick. She hated for of aid but with no way to match them care and pre-school education. people to cut her any slack because of her Because of Mary Gerwin and her energy to each other. Even some of this coun- illness. try’s premier aid organizations that and innate sense of fairness and compassion, It is tempting for us all to be angry and here are some of the ways our country is dif- feel cheated about a life which ended so soon have done such a marvelous job helping ferent, and better: and had so much suffering in the last ten rescue workers, survivors, and victims’ —Disabled Americans live in greater dig- years. I knew Mary for 20 years, and I wish families faced immediate and severe nity, I had 20 more with her. But we know that we challenges with respect to information —The savings of older Americans are bet- were lucky to know her at all. Rarely in life technology infrastructure. The New ter protected from investment fraud, are we fortunate enough to appreciate the York Times drew a conclusion with —There is less fraud and abuse in the truly special people in our lives. Mary was health care system, which I strongly agree. They said: someone you could count on. She touched all There needs to be new ways to set up —People who receive Medicaid and live in of our lives. She made us laugh, she aston- nursing homes are treated better, ished us with her bravery and devotion to emergency information systems. —The government spends its contracting God. There will never be a day that her That is what I would like to propose dollars more wisely, resulting in billions of smile, her love, and her courage will be far this morning. It seems to me that what dollars saved, from our thoughts. this country needs is essentially a —More research money is spent fighting On September 11, a great many friends and technology equivalent of the National conditions such as Parkinson’s Disease and colleagues of ours at the Pentagon, and spinal cord injuries. Guard, an emergency technology many more we didn’t know in New York, There was another effort that Mary cham- guard—I have been calling it in my passed from this world to a better place. pioned, and it is called the Independent mind Net Guard, or a national emer- Last Tuesday, they were joined by a very Counsel Act. Not everyone loved this law. special angel. Mary, we will miss you. gency technology guard—that in times My old boss, President Clinton, really didn’t of crisis would be in a position to mobi- love it. But we worked hard on it because the Mr. REID. I suggest the absence of a lize the Nation’s information tech- law said, in effect, no one is above the law, quorum. nology, or IT, community to action even the President. Mary Gerwin kept this The ACTING PRESIDENT pro tem- quickly, just as the National Guard is law alive almost single-handedly. Many peo- pore. The clerk will call the roll. ple, particularly in our own party, opposed ready to move during emergencies. The legislative clerk proceeded to It seems to me that in our leading this effort. Mary fought for it anyway, and call the roll. she won. technology companies in this Nation When I went to the Pentagon, I asked Mary Mr. WYDEN. Madam President, I ask there are the brains and the equipment to come with me. She was the person I unanimous consent that the order for to put in place net guard, or this infor- turned to health issues affecting our troops, the quorum call be rescinded. mation technology guard, that could be and there were many such issues. She The PRESIDING OFFICER (Ms. STA- deployed in communities across the worked with me and with a deeply talented BENOW). Without objection, it is so or- Nation when we face tragedies such as public servant, Rudy De Leon, who also be- dered. came a good friend to Mary. She didn’t just we saw in New York City. know the right answers—she found out from f A national volunteer organization of trained and well-coordinated units of the troops what they needed. EXTENSION OF MORNING information technology professionals Even in times when her illness was sapping BUSINESS her strength, she was traveling to Korea, to from our leading technology companies Bosnia, to Saudi Arabia to talk to our forces Mr. WYDEN. Madam President, I ask ought to be in a position to stand at and find out how the Department of Defense unanimous consent that morning busi- ready with the designated computer could serve them better. ness be extended for an additional 15 equipment, satellite dishes, wireless She came with Janet and me in 1999 for our minutes to accommodate my remarks annual holiday visit to the troops, which is communicators, and other equipment a very arduous trip involving several coun- this morning. to quickly recreate and repair com- tries in just a few days and in bad weather. The PRESIDING OFFICER. Without promised communications and tech- But she wanted to go, and she brought great objection, it is so ordered. nology infrastructure. comfort to the many troops she spent time Mr. WYDEN. Thank you very much, With congressional support, the lead- with. Madam President. I know Senator ers of our Nation’s technology compa- After I left office, Secretary Rumsfeld FEINSTEIN is here. I intend to be brief nies could organize themselves, sell asked Mary to stay on, and she worked well this morning. their employees and their resource for into June before she became too weary. She loved working with the troops. In this way, f this purpose. Medium- and small-sized businesses would be able to contribute she was like the father she never knew, who EMERGENCY TECHNOLOGY CORPS was a Navy recruiter and loved helping once a national framework is put in young sailors with their problems. Mr. WYDEN. Madam President, this place. Certainly the resources from the I mention a sampling of Mary’s accom- morning I want to discuss a proposal standpoint of the Federal level need plishments for a reason—to underscore the which I think is important in light of not be extensive. Individuals could be good that can be done in a life of public serv- the tragic events that unfolded on Sep- designated from existing human re- ice. Mary’s accomplishments would be ex- tember 11, 2001. source programs of major and medium- tremely impressive if they were spread over a 50 year career. She had such a short time, As all of us now understand, the com- sized firms and the technology profes- and she did so much. munications infrastructure in New sionals would be trained to perform Her accomplishments would also be im- York, Washington, DC, and indeed the specific tasks in the event of an emer- pressive if they were all she did. But she whole country, was severely challenged gency.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9826 CONGRESSIONAL RECORD — SENATE September 26, 2001 I intend to use the subcommittee NMD, the follow-on to President Rea- The second philosophical approach to that I chair of the full Commerce Com- gan’s Star Wars Strategic Defense Ini- space outlined by the author is that of mittee that is chaired by Senator HOL- tiative, SDI. the purist, seeking to unilaterally ban LINGS to initiate a dialog among con- It is certainly true that our depend- weapons from space and seeking to re- gressional, corporate, military, and ence—and that of other developed and turn the heavens to an earlier, nonprofit leaders to begin a new effort developing nations—on these winking, unsullied era—an earlier unsullied era. to mobilize information technology in blinking objects winging through the This is not, in the author’s view, a re- times of crises. night sky has increased exponentially alistic hope. The final philosophical ap- As we seek to prevent future disas- over the last decade. It has rapidly be- proach, the one seemingly favored by ters, I believe that the technology pro- come almost impossible to imagine a the author, is that of the ‘‘prag- fessionals of this Nation in many of our world without the Internet, the World matist’’—the ‘‘pragmatist.’’ This ap- leading companies—as most Ameri- Wide Web, electronic mail on handheld proach recognizes the inevitable migra- cans—want to use their skills, their computers or cellular phones, auto- tion of commerce and the military to equipment, and their talents to answer mated teller machines, instantaneous space, but hopes to hold the line at sur- this call and do their part. worldwide credit card use, and other veillance. Weapons for space would, in I propose with a national emergency forms of global telecommunications this view, remain in the research and technology guard—what I call tech and electronic commerce. This expan- test phase, to be launched only in re- guard—that we give to the leading in- sion and its dependence on satellite sponse to another nation’s attempt to formation technology professionals in links will continue to increase in fu- put weapons in space. This launch-on- this country a chance to use their inge- ture decades. We are all dependent, warning approach would come in con- nuity and creativity to ensure that and, therefore, we are all vulnerable, to junction with further diplomatic ef- the seamless and uninterrupted access there is greater safety and stability for forts to establish operating rules for to satellites. Most people, however, do our communities and our citizens in space modeled on those in place for not understand these technologies. I the coming days. blue-water ships on the open ocean. certainly do not. Like most people, I In the pragmatist’s scenario, existing I yield the floor. can understand that I may be vulner- space treaties would be retained: the The PRESIDING OFFICER. The Sen- able in ways that are new to me, a boy 1967 Outer Space Treaty banning nu- ator from California. from the Mercer County hills in south- clear weapons in space and the 1972 Mr. BYRD. Madam President, will ern West Virginia. But how best to ad- Anti-Ballistic Missile Treaty which, in the distinguished Senator yield? dress this new vulnerability? addition to establishing the surveil- Mrs. FEINSTEIN. Absolutely. The author of The New York Times lance system to avoid nuclear conflict, Mr. BYRD. I assure her that if she Magazine article describes three fun- also forbids most antimissile testing. wants the opportunity to proceed, I damentally different philosophical ap- One way of reducing competition and will resist in my remarks and take my proaches to this brave new realm of tensions in space proposed in the arti- chair. space. The first is a military approach, cle is by ‘‘mutually assured awareness’’ Mrs. FEINSTEIN. Fine. Please pro- which opens up a Pandora’s box of in space. The U.S. would develop and ceed. weapons in space. The military, it is make globally available direct video The PRESIDING OFFICER. The Sen- reported, has looked into the future access to space, so that anyone could ator from West Virginia is recognized. and come to the conclusion that space confirm any hostile action in space, as Mr. BYRD. I thank the Chair. represents the ‘‘ultimate military ‘high opposed to mishaps from natural Madam President, I ask unanimous ground,’ ’’ requiring the military to de- causes. I am not sure that this is tech- consent that I may speak for not to ex- velop and deploy whatever technology nologically feasible, but who am I to ceed 40 minutes. I do so with the under- is necessary to achieve what has been question it. The concept of greater standing, as I have already indicated, I termed ‘‘Global Battlespace Domi- openness is the point. It is interesting, will be very glad to suspend my re- nance,’’ or ‘‘Full Spectrum Domi- in this light, to note that the 1975 Con- marks at any time the distinguished nance.’’ The tools needed might include vention on Registration of Objects Senator from California wishes to take everything from National Missile De- Launched into Outer Space, operated the floor. fense to antisatellite laser or high-pow- by the United Nations, has not been The PRESIDING OFFICER. Without ered microwave weapons, or clusters of very successful. In fact, the nation objection, it is so ordered. microsatellites to hyperspectral sur- with the largest number, if not per- f veillance satellites and other space centage, of unregistered payloads is the SPACE WARS sensors—or all of these things. Some of United States. The United States has these systems are under development failed to register 141 of some 2,000 sat- Mr. BYRD. Madam President, during now or due for testing soon, according ellite payloads. Only one nation is in the August recess, The New York to the article, already undercutting the full compliance—Russia. And, of Times Magazine ran a cover story enti- author’s assertion that the course, it is the Bush Administration tled ‘‘The Coming Space War’’ The ar- weaponization of space is coming, advocating the abrogation of the ABM ticle caught my interest, as I am sure when, in fact, it may already be upon Treaty in order to commence construc- that it intrigued many other readers. us. Already—already—additional fund- tion on the first National Missile De- The author’s contention is that the ing to the tune of $190 million is being fense ground site in Alaska. U.S. military is considering a cam- sought in the defense authorization I cannot say at this point what philo- paign to achieve military superiority and appropriations bills for space weap- sophical camp that I might find myself. in space similar to the kind of military ons. The author, Jack Hitt, closes his arti- superiority that U.S. forces seek in the Now, if I, like most people, do not cle by pointing out that if the United air, on land, and from the sky. Military really understand the technologies be- States is not successful at holding the superiority in space is deemed critical hind satellite communications and cell line at surveillance, if we ‘‘plan, test, in order to protect our increasing de- phones, it is even harder to understand and deploy aggressively as the lone su- pendence on satellites for communica- the technologies behind hyperspectral perpower, we make certain that after a tions, surveillance, commercial and surveillance satellites or space-based brief respite from the cold war’s nu- military purposes. On August 24, Presi- lasers. And that lack of technical ex- clear competition, we will once again dent Bush named Air Force General pertise means, like most Americans, I embark on a fresh and costly arms Richard Myers, a former chief of the must depend on the Pentagon to ex- race. And with it, assume the dark bur- U.S. Space Command and of the North plain why these new technologies are den of policing a rapid evolution in American Aerospace Defense Com- needed, why no other alternatives will battlespace.’’ This specter rings true. mand, as the new Chairman of the work, and what new questions and It should concern us, and it should be Joint Chiefs of Staff. General Myers’ challenges might be unleashed by these debated by the people and the people’s selection as Chairman is in keeping choices. That is not, I suggest, the best representatives. As it stands now, the with President Bush’s strong support way to perform oversight, but, unfortu- U.S. military is moving ahead on a tra- for building a national missile defense, nately, there are few good alternatives. jectory that is both costly and one that

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9827 carries with it a kind of philosophical ty, environmental protection to diplo- offshore, or, as the seas become more imperialism with dangerous ramifica- macy. How much more are we willing transparent to new technologies, from tions. to trade between guns and butter? How space. Another alternative for a wily Now, what do I mean by philo- much must we trade, or might alter- adversary would be to switch gears en- sophical imperialism? The military’s natives be found in the course of free tirely and employ other forms of weap- plans for ‘‘full spectrum dominance,’’ and open debate? ons of mass destruction, such as chem- and space superiority, if fully realized, As most people are now well aware, ical or biological weapons, that could would mean that in some not-so-dis- those large budget surpluses so opti- be dispersed without using long range tant future, the United States would be mistically predicted just a few weeks or intercontinental missiles whose in a position to (in the words of the Air ago—it is not funny—while the econ- launch points make determining the Force Strategic Master Plan) ‘‘operate omy was booming—and so irrespon- adversary a simple exercise in geom- freely in space, deny the use of space to sibly paid out in the form of vote-buy- etry. We must be aware that our ac- our adversaries, protect ourselves from ing ‘‘tax refunds’’ before the actual tions produce reactions. an attack in and through space and de- surpluses materialized—are now gone, velop and deploy a N[ational] M[issile] gone. Indeed, the Administration has We can assume that if the United D[efense] capability.’’ The U.S. would had to employ a few green-eyeshade ac- States deploys weapons in space, even presumably, then, have information counting tricks just to find a few dol- in a purely defensive posture, even in a dominance in this arena as well. Thus, lars beyond the Social Security surplus global policeman role, not all of our the U.S. would be in a position to know to spend on other priorities. And the friends, allies, and competitors will see if a conflict between two nations, say administration’s No. 1 priority seems this as benign. We have only to con- India and Pakistan, was about to ex- to be the defense budget—well, that sider the reaction of the world to the plode into open, even nuclear, warfare. might be all right—but more particu- recent statements by the Administra- The U.S. would also be in a position to larly, the defense budget for National tion concerning National Missile De- act, but how? Would we shoot down the Missile Defense and space weapons. The fense and the potential abrogation of missiles from one side or the other, or President wants an additional $39 bil- the 1972 Anti-Ballistic Missile Treaty. both? If we shot down the missiles that lion for defense—more, perhaps, now— Just what would we do when some each nation was firing at the other, including more than $8 billion to re- other nation—friend or competitor— what would happen if we missed one search and test his missile defense threatens our space superiority by de- and it destroyed a city? What is our re- plan. ploying their own weapons there, even sponsibility? What if we chose not to I am troubled that this Administra- if for avowedly defensive purposes? act because the conflict did not involve tion’s number one priority is a project Again the vision of a space marshal us, and tens of thousands or millions of whose scientific feasibility is in doubt. comes to mind, this time facing off an- innocent people died? What is our re- That is the problem. sponsibility? We could very well be rushing down a other gunman down the dusty main If the United States achieves, at path that leads to spiraling costs and street of space. Does the U.S. Marshal enormous expense, space superiority, lengthy delays. In the 1960s, Congress fire first, second, or is it a long, tense how could we avoid becoming the space was told that research of a Super Sonic stand-off with weapons cocked? None of marshal on this dangerous new fron- Transport plane was essential to U.S. the alternatives sounds particularly tier? If we detect a threat against a competitiveness in future decades. I promising. third party, do we warn the third was here. We spent nearly a billion dol- Though it is difficult to conceive, party? If we provide a warning, and are lars developing this aircraft before can- would a military competition in space asked to interdict the attack because celling it in 1973, a billion dollars then weaponry deter commercial satellite only we can, how do we say no? How do would be much larger now. I do not growth or the growth of e-business that we avoid making our military per- think we have lost one whit of com- depends on global satellite networked sonnel and our commercial enterprises petitiveness because of the cancella- communications? Once weapons are in overseas the targets of reprisals from tion of that program. space, does the cost of doing business those whose attacks we thwart? It is We traveled down the same path in space go up to the point that global again when we considered funding the difficult for me to envision a future in commerce is stifled? That would be which we could avoid such an impe- Superconducting Super Collider. The $8 very bad news for business, for con- rialist, if benevolent, dictatorship in billion program was supposed to fulfill sumers, and for the prospects of return- space. a supposedly vital role in basic sci- ing our national budget to surplus or The role of global policeman and entific research, but we learned that space marshal would not come cheaply, the true cost was nearly fifty percent even to balance. either, and in this period of shrinking greater than expected, and we were not These are all ramifications of our or perhaps vanishing surpluses, we can- even sure it could ever work. Congress current course of action that merit dis- not ignore those costs. Space domi- had to step in to end this program in cussion—broad, open, public discussion nance would not replace air, land, or 1993. Again, I do not think that we have and debate. I do not wish for the sea dominance, but would be additive. lost any crucial advantage by not United States to be left undefended— In fact, dominance in space might con- going forward with that project. far from it—but neither do I wish for ceivably add to the cost of protecting I can think of no one who believes the military to be left, in the face of forces on ground by making them tar- that a national missile defense system public silence, to make decisions that gets for the kind of retaliation I men- will be deployed on-time and under spend our treasure and which may cre- tioned previously. Gaining and main- budget. ate new problems for us in arenas yet taining a robust presence in space is I am troubled, not because such unconsidered. technologically challenging. An air- weapons might be needed, but because In his farewell address on January 17, borne laser, reportedly operational we are spending huge sums on them sometime around 2010, is budgeted at without being sure in our own minds 1961, President Dwight D. Eisenhower $11 billion. It will cost still more to that the weaponization of space is the looked upon the rising power and influ- build and deploy a space-based laser. best course of action to ensure our se- ence of armament producers and at the The estimated cost for a working space curity. increasing share of technological re- laser test is about $4 billion—that is $4 If the United States builds a missile search that is performed for the federal billion merely to get to a test of a laser shield to shoot down enemy missiles as government. He warned the councils of in space. A test is expected as early as soon after they launch as possible, a government to ‘‘guard against the ac- 2010. smart adversary would attempt to quisition of unwarranted influence, The defense budget already consumes shorten the amount of time that our whether sought or unsought, by the a bit over half of the domestic discre- defenses have to react, in addition to military-industrial complex . . .,’’ and tionary budget that Congress must al- taking measures to fool our defenses. to ‘‘be alert to the . . . danger that locate among programs ranging from One way to shorten the time between public policy could itself become the health research to agriculture, edu- launch and impact is to launch closer captive of a scientific-technological cation to highway and air traffic safe- to the target—either from a submarine elite.’’

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9828 CONGRESSIONAL RECORD — SENATE September 26, 2001 Mr. Eisenhower was concerned that, Our budget projections cannot sup- Mr. President, I further ask unani- among other things, ‘‘democracy . . . port the pace, so let us slow down a bit, mous consent that the Senate insist on survive for all generations to come, not look at the map, and consider just its amendment, request a conference to become the insolvent phantom of to- where this path is taking us. with the House on the disagreeing morrow.’’ He urged that ‘‘[O]nly an Madam President, I thank the distin- votes of the two Houses, and the Chair alert and knowledgeable citizenry can guished Senator from California who is be authorized to appoint conferees on compel the proper meshing of the huge here prepared to manage the appropria- the part of the Senate with the above industrial and military machinery of tions bill. She is waiting patiently. occurring with no intervening action defense with our peaceful methods and I take this opportunity to congratu- or debate. goals, so that security and liberty may late her also for the excellent work she The PRESIDING OFFICER. Is there prosper together.’’ has done in preparing this legislation. objection? Without objection, it is so Coming from a former supreme com- It was moved through the full Com- ordered. mander of the Allied military forces mittee on Appropriations yesterday. Mr. REID. Mr. President, I ask unan- during World War II, President Eisen- She is here today prepared to guide its imous consent that the vote on passage hower’s words carry the weight of his way through this Senate. I thank her of the bill, H.R. 2904, occur imme- experience. They are also uncomfort- on behalf of the Senate and on behalf of diately, with the time for debate on the ably prophetic. Just forty years after the Nation for the service she has ren- bill to occur following the vote. President Eisenhower gave his warn- dered and is rendering and will con- The PRESIDING OFFICER. Under ing, President Bush proposes to invest tinue to give us. the order, the bill is discharged from many billions of dollars to achieve I yield the floor. the committee. military superiority in a new realm, Mr. DORGAN. Madam President, I The clerk will report the bill by title. where there currently is no threat, suggest the absence of a quorum. The legislative clerk read as follows: jeopardizing the economic health of The PRESIDING OFFICER. The A bill (H.R. 2904) making appropriations the nation and creating instability and clerk will call the roll. for military construction, and for other pur- mistrust in the hearts of other nations. The assistant legislative clerk pro- poses. This will occur unless the citizenry— ceeded to call the roll. Mrs. FEINSTEIN. Mr. President, I and its elected representatives—we Mr. REID. Mr. President, I ask unan- am very pleased to join with my rank- members of the House and U.S. Sen- imous consent that the order for the ing member, Senator HUTCHISON of ate—especially us—consider and agree quorum call be rescinded. Texas, to bring before the Senate the upon this course of action. Silence does The PRESIDING OFFICER (Mr. CAR- 2002 military construction appropria- not equal assent. We must talk, and PER). Without objection, it is so or- tions bill and report. I point out that it learn, and consider. dered. is a bipartisan bill, it is carefully Again, I am admittedly a layman f thought out, it is carefully balanced, when it comes to high-tech gadgetry on and it is timely. earth, let alone in space. But it seems CONCLUSION OF MORNING The bill provides $10.5 billion in new to me that we must set aside the BUSINESS budget authority. This represents a whizbang and drama of lasers and sat- The PRESIDING OFFICER. Morning 17.5-percent increase over the fiscal ellites to consider the real, age-old business is closed. year 2001 funding level and a 5.3-per- questions—those that have plagued the f cent increase over the President’s great generals throughout time. We budget request. The bill, as reported MILITARY CONSTRUCTION should be taking stock of what we have from the committee, meets the budg- APPROPRIATIONS ACT, 2002 to gain and what we have to lose by etary authority and outlay limits es- moving the lines of battle. We must Mr. REID. Mr. President, I ask unan- tablished in the subcommittee’s 302(b) consider whether or not we have the imous consent that the Appropriations allocation. necessary weapons to protect ourselves Committee be discharged from further This is a robust bill, but it is a care- and our land before we send our mili- consideration of H.R. 2904, the Military fully considered and carefully balanced tary into new and vastly different fron- Construction Appropriations bill, and bill. Our goal from the outset has been tiers. We should assess the real, known that the Senate then proceed to its to address the highest priority military threats to our Nation, and gauge consideration; that immediately after construction requirements, both at whether we have the weapons and the the bill is reported, Senator FEINSTEIN home and abroad. The final product is resources to remain secure, and wheth- be recognized to offer a substitute the balanced mix of readiness projects, er our time, talent, and treasure would amendment, which is the text of S. barracks and family housing projects, be better spent fending off those most 1460, the Senate committee reported quality-of-life programs, such as child likely threats or devising new bill; that the amendment be agreed to development centers, and an array of unproven plans of attack and fabu- and considered as original text for the Reserve component initiatives. lously expensive means of battle. And purpose of further amendment, and the It is the military construction bill we should ponder the awesome respon- motion to reconsider be laid upon the that funds the installations—the home sibility of militarizing space and then table; that the only other amendment ports and the home bases—of our being the world’s space cop before we be a managers’ amendment; that the troops and ships and aircraft. It is the rush headlong into the twilight zone debate time on the bill and managers’ military construction bill that builds called national missile defense. amendment be limited to 40 minutes, the piers and hangars and maintenance Madam President, I believe that it equally divided and controlled in the shops and operational centers that would be both wise and prudent to back usual form; that upon disposition of ready our troops and equipment for de- off just a little bit on the accelerator the managers’ amendment, the motion ployment. It is this bill that builds the that is driving us in a headlong and fis- to reconsider be laid upon the table; barracks and family housing and cally spendthrift rush to deploy a na- that the bill be read a third time, and childcare centers and medical facilities tional missile defense and to invest bil- the Senate vote on passage of the bill. that serve America’s military troops lions into putting weapons in space and The PRESIDING OFFICER. Is there and their families. This bill funds the building weapons designed to act in objection? infrastructure that provides the foun- space. That heavy foot on the accel- Mr. KYL. Mr. President, I simply dation for training and preparing our erator is merely the stamp and roar of didn’t hear what the assistant majority military to fight, and for housing their rhetoric. The threat does not justify leader just said. families when they are away. the pace. Our budget projections can- Mr. REID. I just basically said we are Given the events of the past few not support the pace. going to move to the military con- weeks, and the events that we expect Let us continue to study the matter. struction appropriations bill. to unfold over the coming weeks and Let us continue to conduct research. Mr. KYL. Was that the nature of the months, this bill could not be more But the threat, as I say, does not jus- unanimous consent request? timely. The bill was reported out of the tify the pace at which we are traveling. Mr. REID. Yes. full Appropriations Committee only

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9829 yesterday. We moved it to the floor I also thank the Appropriations Com- sential. In a resource-constrained envi- today in acknowledgement of the pres- mittee staff for their work on this bill. ronment, these are the types of sures under which we are currently op- They have worked very hard, and I can projects I cannot support. During con- erating. Our men and women in uni- certainly testify that Christina Evans ference, I expect to continue to closely form cannot afford any delay in getting and B.G. Wright of the majority staff, scrutinize overseas construction. these projects underway. and Sid Ashworth and John Kem of the I also note that this bill includes $192 Although the bill exceeds the Presi- minority staff, and Matt Miller of my million for military construction in dent’s budget request, it barely staff have just been tremendous. Korea. United States forces have now scratches the surface of the enormous I am very grateful for the coopera- served in Korea for over 50 years. The need for infrastructure improvements tion that will make this unanimous funding in this bill represents a con- at our military installations through- vote possible. This is an important bill tinuing American commitment to our out the world. It is not overstating the for our Nation and our military forces. Korean allies. I hope that in the after- case to say that many of our men and I now defer to the distinguished rank- math of the September 11 attack on women in uniform work in deplorable ing member from Texas. America, our Korean allies will dem- conditions at their installations and The PRESIDING OFFICER. The Sen- onstrate a similar commitment as our often have no choice but to live in ator from Texas. Nation responds to that attack. houses and neighborhoods that are sub- Mrs. HUTCHISON. Mr. President, I, Finally, our close scrutiny and re- standard and unsafe. We have a duty to too, thank the chairman of the Mili- view of the overseas funding priorities provide better for the members of our tary Construction Subcommittee. Sen- will obviously continue next year based military and their families, especially ator FEINSTEIN and I have a long-time on the results of the ongoing Quadren- at a time when the President has or- friendship. We have been able to work nial Defense Review, as well as any dered them to ‘‘be ready’’ for war. in a bipartisan way to meet the needs necessary future military construction Briefly, I wish to outline some of the of our military, and I appreciate so resulting from the attack on America pertinent statistics. much the working relationship we on September 11, 2001. The bill provides $4.7 billion for mili- have. tary construction for active duty com- Congress addresses the needs of our This bill directs the Secretary of De- ponents and nearly $800 million for the military in two separate appropria- fense to submit a report on the over- Reserve components. tions bills: Defense and military con- seas basing requirements as a result of Total military construction funded struction. The bill we will pass today is the Quadrennial Defense Review to the in this bill represents a 30-percent in- military construction. Congress no later than April 1, 2002. All crease over the fiscal year 2001 enacted I could not fail to begin without say- the Members of Congress who have vis- level, and a 5.8-percent increase over ing none of us anticipated that in Sep- ited the men and women of the Armed the President’s request. tember of 2001 our country would be in Forces at our domestic and overseas in- A large part of this increase is due to a war on terrorism, a war that we did stallations are aware of the critical the acceleration of our efforts to up- not expect but which we are committed shortfalls in our defense infrastructure. grade barracks for our troops. The to win. We are reminded once again, as This bill begins to address those short- military construction total includes we have been in every century of our falls. $1.2 billion for barracks construction, a country’s existence, that freedom is It improves our national security in- 72-percent increase over the amount not free. frastructure and our ability to support appropriated in fiscal year 2001. As our forefathers and mothers did the needs of our military families. This The bill also includes $4.1 billion for before us, we will make all the sac- is especially vital at this important family housing, a 12.9-percent increase rifices required to protect the freedom time as America comes together to over fiscal year 2001. As you can see they delivered to us, and we will pass fight terrorism. We will ask more of from these figures, barracks and family the torch to our children. America will the men and women of our Armed housing projects are among the highest remain the strongest nation in the his- Forces, and we cannot ask them at the priorities of the subcommittee, reflect- tory of the world. same time to live, train, and deploy ing the importance of improving living I am pleased to recommend the mili- from installations that cannot support conditions for our men and women in tary construction bill to the Senate. their readiness and requirements. uniform. We have sought a balanced bill that ad- I urge my colleagues to support this I point out that all the projects the dresses military construction require- bill. Our civilian and military leaders ranking member and I and the sub- ments for readiness, family housing, and our warriors must go to battle committee and the committee rec- barracks, and quality of life for the Ac- knowing the Senate is committed to ommended were thoroughly screened tive and Reserve components. I would ensuring that our defense and military and vetted with the services. They like to make a couple of comments infrastructure requirements are met. meet the rigid criteria imposed by law about overseas military construction. America is united in our cause, and and by the Senate Armed Services We took a close look at the overseas Congress will provide the support to Committee. They are good projects and construction priorities of the Depart- win. they are needed projects. ment of Defense to ensure the projects Again, I thank Senator FEINSTEIN for The money added in this bill for are consistent with the long-range poli- working in such a great bipartisan way BRAC environmental cleanup will help cies and plans of the Department of De- to fund the requirements for military the services to meet their most urgent fense. There are a few areas that are construction. I also thank her staff, requirements. But I wish to point out troubling that I want to bring to every- Tina Evans, and B.G. Wright, for work- that it is going to take far more money one’s attention. and far more realistic budgeting—and I The United States maintains over 74 ing with my staff. I want to especially stress that because there has not been installations outside the United States. point out the extraordinary experience realistic budgeting in some of the serv- These installations subsume funding and knowledge of Sid Ashworth, who ices for cleanup of closed BRAC bases— that in some cases could have been bet- has been on the Appropriations Sub- to meet the long-range requirements ter used to maintain or improve our committee for Military Construction imposed by the BRAC environmental critical domestic base infrastructure and who, with all due respect, probably remediation process. and training capabilities. It is impor- knows more than all of us put to- Before I yield the floor, I once again tant that we continue to closely mon- gether. I thank her for her help in get- thank the ranking member, my friend itor the overseas funding plans of the ting this bill done, with able help from my staff, Michael Ralsky. from Texas, Senator HUTCHISON. She Department of Defense. and her staff on the Republican side In the fiscal year 2002 military con- As I yield the floor, I am thankful for have been extraordinarily cooperative. struction bill, we did not fund three of the resolve of our country and the I wish to acknowledge that and express the overseas projects in the budget sub- unity we are showing in the Senate. my delight in the way in which we mission that either could not be exe- The PRESIDING OFFICER. The Sen- have been able to work together. cuted next year or are not mission es- ator from California.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9830 CONGRESSIONAL RECORD — SENATE September 26, 2001 Mrs. FEINSTEIN. Mr. President, AMENDMENT NO. 1693 S. 1460, MILITARY CONSTRUCTION APPROPRIATIONS ACT, once again, I thank the ranking mem- Mrs. HUTCHISON. Mr. President, I 2002 SPENDING COMPARISONS—SENATE-REPORTED ber for her cooperation, and I thank send an amendment to the desk. It has BILL—Continued the staff. been cleared. [In millions of dollars] I want to have printed in the RECORD The PRESIDING OFFICER. The a letter from the Department of the clerk will report. Defense Mandatory Total Navy specifically on the subject of the The legislative clerk read as follows: Outlays ...... 9,253 0 9,253 Hunters Point Naval Shipyard cleanup. Senate 302(b) allocation 1: The Senator from Texas [Mrs. HUTCHISON] Budget Authority ...... 10,500 0 10,500 There have been real problems in this proposes an amendment numbered 1693. Outlays ...... 9,294 0 9,284 cleanup which has been characterized House-reported: The amendment (No. 1693) is as fol- Budget Authority ...... 10,500 0 10,500 by delay and the inability to move for- lows: Outlays ...... 9,202 0 9,202 ward. One major event was a toxic fire President’s request: (Purpose: To provide funding for a feasibility Budget Authority ...... 9,972 0 9,972 underground that burned undetected study regarding an access road at the Pine Outlays ...... 9,165 0 9,165 for 2 weeks before it was put out. I Bluff Arsenal, Arkansas) SENATE–REPORTED BILL think the Navy understands certainly Insert at the appropriate place in the bill COMPARED TO my depth of feeling, and I think it is the following new item: Senate 302(b) allocation 1: Budget Authority...... 0 0 0 supported by the ranking member, that Of the funds available under the heading Outlays ...... (31) 0 (31) they move expeditiously to clean up ‘‘Military Construction, Defense-wide’’, for House-reported: the Pine Bluff Ammunition Demilitarization Budget Authority...... 0 0 0 this base. This letter states their deter- Outlays ...... 51 0 51 mination to do so. Facility (Phase VI), the Department may President’s request: spend up to $300,000 to conduct a feasibility Budget Authority ...... 528 0 528 I ask unanimous consent that the study of the requirement for a defense road Outlays ...... 88 0 88 letter be printed in the RECORD. at Pine Bluff Arsenal, Arkansas. 1 For enforcement purposes, the budget committee compares the Senate- There being no objection, the letter Mrs. HUTCHISON. Mr. President, I reported bill to the Senate 302(b) allocation. was ordered to be printed in the Notes.—Details may not add to totals due to rounding. Totals adjusted ask unanimous consent it be added to RECORD, as follows: for consistency with scorekeeping conventions. the managers’ amendment. DEPARTMENT OF THE NAVY, The PRESIDING OFFICER. Without Mr. REID. Mr. President, the major- ASSISTANT SECRETARY OF THE NAVY, objection, it is so ordered. ity leader asked me to announce this Washington, DC, September 25, 2001. will be the last vote today and that the Hon. DIANNE FEINSTEIN, The amendment (No. 1693) was agreed to. next vote will be Tuesday morning. Chairman, Subcommittee on Military Construc- I ask for the yeas and nays. tion, Committee on Appropriations, U.S. The PRESIDING OFFICER. The Senate, Washington, DC. managers’ amendment is agreed to. Mrs. HUTCHISON. Mr. President, I DEAR MADAM CHAIRMAN: I am writing in re- The amendment (No. 1692) was agreed wanted to clarify that my amendment sponse to your queries regarding the Depart- to. was added to the managers’ amend- ment of the Navy’s environmental clean-up Mr. CONRAD. Mr. President, I rise to ment and the managers’ amendment program at the former Hunters Point Naval was agreed to by unanimous consent. Shipyard. offer for the RECORD the Budget Com- mittee’s official scoring for S. 1460, the The PRESIDING OFFICER. That is The Navy fully shares your commitment to correct. completing the environmental remediation Military Construction Appropriations of the former Hunters Point Naval Shipyard. Act for Fiscal Year 2002. Mr. REID. I ask for the yeas and While progress on the remediation efforts The Senate bill provides $10.5 billion nays. may have been inadequate in the past, I can in discretionary budget authority, all The PRESIDING OFFICER. Is there a assure you that the Navy is committed to classified as defense spending, which sufficient second? fully funding the cleanup of Hunters Point, will result in new outlays in 2002 of There is a sufficient second. and to moving expeditiously to complete $2.741 billion. When outlays from prior- The yeas and nays were ordered. this top priority project on schedule. The PRESIDING OFFICER. The With help from your Committee, the Navy year budget authority are taken into is prepared to execute the total projected FY account, discretionary outlays for the question is on the engrossment of the 2002 program of $50.6 million at Hunters Senate bill total $9.253 billion in 2002. amendment and third reading of the Point. Deputy Assistant Secretary Holaday The Senate bill is within its section bill. has been meeting with your staff on this 302(b) allocation for budget authority The amendment was ordered to be issue, and is working with other congres- and outlays. Once again, the com- engrossed and the bill to be read the sional committee staff to ensure they under- mittee has met its target without the third time. stand the importance the Department places The bill was read a third time. on receiving full funding for Hunters Point. use of any emergency designations. I would be happy to meet with you to dis- I again commend Chairman BYRD and The PRESIDING OFFICER. The bill cuss this issue more fully. I look forward to Senator STEVENS, as well as Senators having been read the third time, the working closely with you and with the local FEINSTEIN and HUTCHISON, for their bi- question is, Shall the bill pass? community to successfully complete the en- partisan effort in moving this and The yeas and nays have been ordered, vironmental remediation and property trans- other appropriations bills quickly to and the clerk will call the roll. fer at Hunters Point. make up for the late start in this The legislative clerk called the roll. H.T. JOHNSON. year’s appropriations process. The Mr. REID. I announce that the Sen- AMENDMENT NO. 1692 tragic events of September 11 demand ator from Delaware (Mr. BIDEN), the Mrs. FEINSTEIN. Mr. President, I that this bipartisanship continue and Senator from California (Mrs. BOXER) send an amendment to the desk. that the Congress expeditiously com- and the Senator from Connecticut (Mr. The PRESIDING OFFICER. The plete work on the 13 regular appropria- DODD) are necessarily absent. clerk will report. tion bills for 2002. The PRESIDING OFFICER. Are there The assistant legislative clerk read I ask unanimous consent that a table any other Senators in the Chamber de- as follows: displaying the budget committee scor- siring to vote? The Senator from California [Mrs. FEIN- ing of this bill be printed in the The result was announced—yeas 97, STEIN], for herself and Mrs. HUTCHISON, pro- RECORD. nays 0, as follows: poses an amendment numbered 1692. There being no objection, the mate- [Rollcall Vote No. 288 Leg.] Mrs. FEINSTEIN. Mr. President, I rial was ordered to be printed in the YEAS—97 ask unanimous consent that reading of RECORD, as follows: Akaka Bunning Cochran the amendment be dispensed with. Allard Burns Collins The PRESIDING OFFICER. Without S. 1460, MILITARY CONSTRUCTION APPROPRIATIONS ACT, Allen Byrd Conrad objection, it is so ordered. 2002 SPENDING COMPARISONS—SENATE-REPORTED BILL Baucus Campbell Corzine (The text of the amendment is print- Bayh Cantwell Craig [In millions of dollars] Bennett Carnahan Crapo ed in today’s RECORD under ‘‘Amend- Bingaman Carper Daschle ments Submitted’’.) Defense Mandatory Total Bond Chafee Dayton Breaux Cleland DeWine The PRESIDING OFFICER. The Sen- Senate-reported bill: ator from Texas. Budget Authority ...... 10,500 0 10,500 Brownback Clinton Domenici

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9831 Dorgan Johnson Roberts ‘‘Military Construction, Navy’’ under division A Authorization Acts, $111,404,000, to remain Durbin Kennedy Rockefeller of Public Law 106–246, $19,588,000 are rescinded. available until September 30, 2006. Edwards Kerry Santorum MILITARY CONSTRUCTION, AIR FORCE MILITARY CONSTRUCTION, NAVAL RESERVE Ensign Kohl Sarbanes Enzi Kyl Schumer (INCLUDING RESCISSION) (INCLUDING RESCISSION) Feingold Landrieu Sessions For acquisition, construction, installation, For construction, acquisition, expansion, re- Feinstein Leahy Shelby and equipment of temporary or permanent pub- habilitation, and conversion of facilities for the Fitzgerald Levin Smith (NH) lic works, military installations, facilities, and Frist Lieberman training and administration of the reserve com- Smith (OR) Graham Lincoln real property for the Air Force as currently au- ponents of the Navy and Marine Corps as au- Snowe Gramm Lott thorized by law, $1,148,269,000, to remain avail- thorized by chapter 1803 of title 10, United Grassley Lugar Specter able until September 30, 2006: Provided, That of States Code, and Military Construction Author- Stabenow Gregg McCain this amount, not to exceed $83,420,000 shall be ization Acts, $33,641,000, to remain available Stevens Hagel McConnell available for study, planning, design, architect until September 30, 2006: Provided, That of the Harkin Mikulski Thomas Thompson and engineer services, as authorized by law, un- funds appropriated for ‘‘Military Construction, Hatch Miller less the Secretary of Defense determines that ad- Helms Murkowski Thurmond Naval Reserve’’ under division A of Public Law Hollings Murray Torricelli ditional obligations are necessary for such pur- 106–246, $925,000 are rescinded. Hutchinson Nelson (FL) Voinovich poses and notifies the Committees on Appropria- MILITARY CONSTRUCTION, AIR FORCE RESERVE Hutchison Nelson (NE) tions of both Houses of Congress of his deter- Warner For construction, acquisition, expansion, re- Inhofe Nickles Wellstone mination and the reasons therefor: Provided habilitation, and conversion of facilities for the Inouye Reed Wyden further, That of the funds appropriated for training and administration of the Air Force Re- Jeffords Reid ‘‘Military Construction, Air Force’’ under pre- serve as authorized by chapter 1803 of title 10, vious Military Construction Acts, $4,000,000 are NOT VOTING—3 United States Code, and Military Construction rescinded. Biden Boxer Dodd Authorization Acts, $53,732,000, to remain avail- MILITARY CONSTRUCTION, DEFENSE-WIDE The bill (H.R. 2904), as amended, was able until September 30, 2006. (INCLUDING TRANSFER AND RESCISSIONS OF passed, as follows: NORTH ATLANTIC TREATY ORGANIZATION FUNDS) Resolved, That the bill from the House of SECURITY INVESTMENT PROGRAM For acquisition, construction, installation, Representatives (H.R. 2904) entitled ‘‘An Act For the United States share of the cost of the and equipment of temporary or permanent pub- making appropriations for military con- North Atlantic Treaty Organization Security In- lic works, installations, facilities, and real prop- struction, family housing, and base realign- vestment Program for the acquisition and con- erty for activities and agencies of the Depart- ment and closure for the Department of De- struction of military facilities and installations ment of Defense (other than the military depart- fense for the fiscal year ending September 30, (including international military headquarters) ments), as currently authorized by law, 2002, and for other purposes.’’, do pass with and for related expenses for the collective de- $881,058,000, to remain available until September the following amendment: fense of the North Atlantic Treaty Area as au- 30, 2006: Provided, That such amounts of this Strike out all after the enacting clause and thorized in Military Construction Authorization appropriation as may be determined by the Sec- insert: That the following sums are appro- Acts and section 2806 of title 10, United States retary of Defense may be transferred to such ap- priated, out of any money in the Treasury not Code, $162,600,000, to remain available until ex- propriations of the Department of Defense avail- otherwise appropriated, for military construc- pended. able for military construction or family housing tion, family housing, and base realignment and FAMILY HOUSING, ARMY closure functions administered by the Depart- as he may designate, to be merged with and to ment of Defense, for the fiscal year ending Sep- be available for the same purposes, and for the For expenses of family housing for the Army tember 30, 2002, and for other purposes, namely: same time period, as the appropriation or fund for construction, including acquisition, replace- to which transferred: Provided further, That of ment, addition, expansion, extension and alter- MILITARY CONSTRUCTION, ARMY the amount appropriated, not to exceed ation and for operation and maintenance, in- (INCLUDING RESCISSION) $88,496,000 shall be available for study, plan- cluding debt payment, leasing, minor construc- For acquisition, construction, installation, ning, design, architect and engineer services, as tion, principal and interest charges, and insur- and equipment of temporary or permanent pub- authorized by law, unless the Secretary of De- ance premiums, as authorized by law, as fol- lic works, military installations, facilities, and fense determines that additional obligations are lows: for Construction, $312,742,000, to remain real property for the Army as currently author- necessary for such purposes and notifies the available until September 30, 2006; for Operation ized by law, including personnel in the Army Committees on Appropriations of both Houses of and Maintenance, and for debt payment, Corps of Engineers and other personal services Congress of his determination and the reasons $1,108,991,000; in all $1,421,733,000. necessary for the purposes of this appropriation, therefor: Provided further, That of the funds FAMILY HOUSING, NAVY AND MARINE CORPS and for construction and operation of facilities appropriated for ‘‘Military Construction, De- For expenses of family housing for the Navy in support of the functions of the Commander in fense-wide’’ under division A of Public Law 106– Chief, $1,668,957,000, to remain available until and Marine Corps for construction, including 246, $55,030,000 are rescinded: Provided further, acquisition, replacement, addition, expansion, September 30, 2006: Provided, That of this That of the funds appropriated for ‘‘Military amount, not to exceed $176,184,000 shall be extension and alteration and for operation and Construction, Defense-wide’’ under division B maintenance, including debt payment, leasing, available for study, planning, design, architect of Public Law 106–246, $10,250,000 are rescinded: and engineer services, and host nation support, minor construction, principal and interest Provided further, That of the funds appro- charges, and insurance premiums, as authorized as authorized by law, unless the Secretary of priated for ‘‘Military Construction, Defense- Defense determines that additional obligations by law, as follows: for Construction, Wide’’ under previous Military Construction $312,600,000, to remain available until September are necessary for such purposes and notifies the Acts, $4,000,000 are rescinded. Committees on Appropriations of both Houses of 30, 2006; for Operation and Maintenance, and MILITARY CONSTRUCTION, ARMY NATIONAL Congress of his determination and the reasons for debt payment, $918,095,000; in all GUARD therefor: Provided further, That of the funds $1,230,695,000. appropriated for ‘‘Military Construction, Army’’ For construction, acquisition, expansion, re- FAMILY HOUSING, AIR FORCE under division A of Public Law 106–246, habilitation, and conversion of facilities for the For expenses of family housing for the Air $26,400,000 are rescinded. training and administration of the Army Na- Force for construction, including acquisition, tional Guard, and contributions therefor, as au- replacement, addition, expansion, extension and MILITARY CONSTRUCTION, NAVY thorized by chapter 1803 of title 10, United (INCLUDING RESCISSION) alteration and for operation and maintenance, States Code, and Military Construction Author- including debt payment, leasing, minor con- For acquisition, construction, installation, ization Acts, $378,549,000, to remain available struction, principal and interest charges, and and equipment of temporary or permanent pub- until September 30, 2006. insurance premiums, as authorized by law, as lic works, naval installations, facilities, and real MILITARY CONSTRUCTION, AIR NATIONAL GUARD follows: for Construction, $550,703,000, to remain property for the Navy as currently authorized available until September 30, 2006; for Operation by law, including personnel in the Naval Facili- For construction, acquisition, expansion, re- and Maintenance, and for debt payment, ties Engineering Command and other personal habilitation, and conversion of facilities for the $869,121,000; in all $1,419,824,000. services necessary for the purposes of this ap- training and administration of the Air National propriation, $1,148,633,000, to remain available Guard, and contributions therefor, as author- FAMILY HOUSING, DEFENSE-WIDE until September 30, 2006: Provided, That of this ized by chapter 1803 of title 10, United States For expenses of family housing for the activi- amount, not to exceed $37,332,000 shall be avail- Code, and Military Construction Authorization ties and agencies of the Department of Defense able for study, planning, design, architect and Acts, $222,767,000, to remain available until Sep- (other than the military departments) for con- engineer services, as authorized by law, unless tember 30, 2006. struction, including acquisition, replacement, the Secretary of Defense determines that addi- MILITARY CONSTRUCTION, ARMY RESERVE addition, expansion, extension and alteration, tional obligations are necessary for such pur- For construction, acquisition, expansion, re- and for operation and maintenance, leasing, poses and notifies the Committees on Appropria- habilitation, and conversion of facilities for the and minor construction, as authorized by law, tions of both Houses of Congress of his deter- training and administration of the Army Re- as follows: for Construction, $250,000 to remain mination and the reasons therefor: Provided serve as authorized by chapter 1803 of title 10, available until September 30, 2006; for Operation further, That of the funds appropriated for United States Code, and Military Construction and Maintenance, $43,762,000; in all $44,012,000.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9832 CONGRESSIONAL RECORD — SENATE September 26, 2001

DEPARTMENT OF DEFENSE FAMILY HOUSING be used to initiate a new installation overseas the same time period and for the same purposes IMPROVEMENT FUND without prior notification to the Committees on as the appropriation to which transferred. For the Department of Defense Family Hous- Appropriations. SEC. 119. The Secretary of Defense is to pro- ing Improvement Fund, $2,000,000, to remain SEC. 111. None of the funds appropriated in vide the Committees on Appropriations of the available until expended, for family housing ini- Military Construction Appropriations Acts may Senate and the House of Representatives with tiatives undertaken pursuant to section 2883 of be obligated for architect and engineer contracts an annual report by February 15, containing title 10, United States Code, providing alter- estimated by the Government to exceed $500,000 details of the specific actions proposed to be native means of acquiring and improving mili- for projects to be accomplished in Japan, in any taken by the Department of Defense during the tary family housing, and supporting facilities. NATO member country, or in countries bor- current fiscal year to encourage other member nations of the North Atlantic Treaty Organiza- HOMEOWNERS ASSISTANCE FUND, DEFENSE dering the Arabian Gulf, unless such contracts are awarded to United States firms or United tion, Japan, Korea, and United States allies bor- For the Homeowners Assistance Fund estab- States firms in joint venture with host nation dering the Arabian Gulf to assume a greater lished by Section 1013 of the Demonstration Cit- firms. share of the common defense burden of such na- ies and Metropolitan Development Act of 1966, SEC. 112. None of the funds appropriated in tions and the United States. as amended (42 U.S.C. 3374) $10,119,000, to re- Military Construction Appropriations Acts for (TRANSFER OF FUNDS) main available until expended. military construction in the United States terri- SEC. 120. During the current fiscal year, in BASE REALIGNMENT AND CLOSURE ACCOUNT, tories and possessions in the Pacific and on addition to any other transfer authority avail- PART IV Kwajalein Atoll, or in countries bordering the able to the Department of Defense, proceeds de- For deposit into the Department of Defense Arabian Gulf, may be used to award any con- posited to the Department of Defense Base Clo- Base Closure Account 1990 established by sec- tract estimated by the Government to exceed sure Account established by section 207(a)(1) of tion 2906(a)(1) of the Department of Defense Au- $1,000,000 to a foreign contractor: Provided, the Defense Authorization Amendments and thorization Act, 1991 (Public Law 101–510), That this section shall not be applicable to con- Base Closure and Realignment Act (Public Law $682,200,000, to remain available until expended. tract awards for which the lowest responsive 100–526) pursuant to section 207(a)(2)(C) of such GENERAL PROVISIONS and responsible bid of a United States con- Act, may be transferred to the account estab- SEC. 101. None of the funds appropriated in tractor exceeds the lowest responsive and re- lished by section 2906(a)(1) of the Department of Military Construction Appropriations Acts shall sponsible bid of a foreign contractor by greater Defense Authorization Act, 1991, to be merged be expended for payments under a cost-plus-a- than 20 percent: Provided further, That this sec- with, and to be available for the same purposes fixed-fee contract for construction, where cost tion shall not apply to contract awards for mili- and the same time period as that account. estimates exceed $25,000, to be performed within tary construction on Kwajalein Atoll for which (TRANSFER OF FUNDS) the United States, except Alaska, without the the lowest responsive and responsible bid is sub- SEC. 121. Subject to 30 days prior notification specific approval in writing of the Secretary of mitted by a Marshallese contractor. to the Committees on Appropriations, such addi- Defense setting forth the reasons therefor. SEC. 113. The Secretary of Defense is to inform tional amounts as may be determined by the SEC. 102. Funds appropriated to the Depart- the appropriate committees of Congress, includ- Secretary of Defense may be transferred to the ment of Defense for construction shall be avail- ing the Committees on Appropriations, of the Department of Defense Family Housing Im- able for hire of passenger motor vehicles. plans and scope of any proposed military exer- provement Fund from amounts appropriated for SEC. 103. Funds appropriated to the Depart- cise involving United States personnel 30 days construction in ‘‘Family Housing’’ accounts, to ment of Defense for construction may be used prior to its occurring, if amounts expended for be merged with and to be available for the same for advances to the Federal Highway Adminis- construction, either temporary or permanent, purposes and for the same period of time as tration, Department of Transportation, for the are anticipated to exceed $100,000. amounts appropriated directly to the Fund: Pro- construction of access roads as authorized by SEC. 114. Not more than 20 percent of the ap- vided, That appropriations made available to section 210 of title 23, United States Code, when propriations in Military Construction Appro- the Fund shall be available to cover the costs, as projects authorized therein are certified as im- priations Acts which are limited for obligation defined in section 502(5) of the Congressional portant to the national defense by the Secretary during the current fiscal year shall be obligated Budget Act of 1974, of direct loans or loan guar- of Defense. during the last 2 months of the fiscal year. antees issued by the Department of Defense pur- suant to the provisions of subchapter IV of SEC. 104. None of the funds appropriated in (TRANSFER OF FUNDS) this Act may be used to begin construction of chapter 169, title 10, United States Code, per- SEC. 115. Funds appropriated to the Depart- taining to alternative means of acquiring and new bases inside the continental United States ment of Defense for construction in prior years for which specific appropriations have not been improving military family housing and sup- shall be available for construction authorized porting facilities. made. for each such military department by the au- SEC. 105. No part of the funds provided in SEC. 122. None of the funds appropriated or thorizations enacted into law during the current made available by this Act may be obligated for Military Construction Appropriations Acts shall session of Congress. be used for purchase of land or land easements Partnership for Peace Programs in the New SEC. 116. For military construction or family in excess of 100 percent of the value as deter- Independent States of the former Soviet Union. housing projects that are being completed with SEC. 123. (a) Not later than 60 days before mined by the Army Corps of Engineers or the funds otherwise expired or lapsed for obligation, issuing any solicitation for a contract with the Naval Facilities Engineering Command, except: expired or lapsed funds may be used to pay the private sector for military family housing the (1) where there is a determination of value by a cost of associated supervision, inspection, over- Secretary of the military department concerned Federal court; (2) purchases negotiated by the head, engineering and design on those projects shall submit to the congressional defense com- Attorney General or his designee; (3) where the and on subsequent claims, if any. mittees the notice described in subsection (b). estimated value is less than $25,000; or (4) as SEC. 117. Notwithstanding any other provision (b)(1) A notice referred to in subsection (a) is otherwise determined by the Secretary of De- of law, any funds appropriated to a military de- a notice of any guarantee (including the making fense to be in the public interest. partment or defense agency for the construction of mortgage or rental payments) proposed to be SEC. 106. None of the funds appropriated in of military projects may be obligated for a mili- made by the Secretary to the private party Military Construction Appropriations Acts shall tary construction project or contract, or for any under the contract involved in the event of— be used to: (1) acquire land; (2) provide for site portion of such a project or contract, at any (A) the closure or realignment of the installa- preparation; or (3) install utilities for any fam- time before the end of the fourth fiscal year tion for which housing is provided under the ily housing, except housing for which funds after the fiscal year for which funds for such contract; have been made available in annual Military project were appropriated if the funds obligated (B) a reduction in force of units stationed at Construction Appropriations Acts. for such project: (1) are obligated from funds such installation; or SEC. 107. None of the funds appropriated in available for military construction projects; and (C) the extended deployment overseas of units Military Construction Appropriations Acts for (2) do not exceed the amount appropriated for stationed at such installation. minor construction may be used to transfer or (2) Each notice under this subsection shall such project, plus any amount by which the cost relocate any activity from one base or installa- specify the nature of the guarantee involved of such project is increased pursuant to law. tion to another, without prior notification to the and assess the extent and likelihood, if any, of Committees on Appropriations. (TRANSFER OF FUNDS) the liability of the Federal Government with re- SEC. 108. No part of the funds appropriated in SEC. 118. During the 5-year period after ap- spect to the guarantee. Military Construction Appropriations Acts may propriations available to the Department of De- (c) In this section, the term ‘‘congressional de- be used for the procurement of steel for any con- fense for military construction and family hous- fense committees’’ means the following: struction project or activity for which American ing operation and maintenance and construc- (1) The Committee on Armed Services and the steel producers, fabricators, and manufacturers tion have expired for obligation, upon a deter- Military Construction Subcommittee, Committee have been denied the opportunity to compete for mination that such appropriations will not be on Appropriations of the Senate. such steel procurement. necessary for the liquidation of obligations or (2) The Committee on Armed Services and the SEC. 109. None of the funds available to the for making authorized adjustments to such ap- Military Construction Subcommittee, Committee Department of Defense for military construction propriations for obligations incurred during the on Appropriations of the House of Representa- or family housing during the current fiscal year period of availability of such appropriations, tives. may be used to pay real property taxes in any unobligated balances of such appropriations (TRANSFER OF FUNDS) foreign nation. may be transferred into the appropriation ‘‘For- SEC. 124. During the current fiscal year, in SEC. 110. None of the funds appropriated in eign Currency Fluctuations, Construction, De- addition to any other transfer authority avail- Military Construction Appropriations Acts may fense’’ to be merged with and to be available for able to the Department of Defense, amounts

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9833 may be transferred from the account established Mr. LEVIN. Mr. President, I ask agreed to, the motion to reconsider be by section 2906(a)(1) of the Department of De- unanimous consent that the order for laid upon the table, and that any state- fense Authorization Act, 1991, to the fund estab- the quorum call be rescinded. ments related to the amendments be lished by section 1013(d) of the Demonstration The PRESIDING OFFICER. Without printed at the appropriate place in the Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated objection, it is so ordered. RECORD. with the Homeowners Assistance Program. Any f The PRESIDING OFFICER. Is there objection? amounts transferred shall be merged with and NATIONAL DEFENSE AUTHORIZA- be available for the same purposes and for the The Senator from Virginia. TION ACT FOR FISCAL YEAR same time period as the fund to which trans- Mr. WARNER. Madam President, I 2002—Resumed ferred. will address in detail some of the re- SEC. 125. Notwithstanding this or any other The PRESIDING OFFICER. The marks made earlier by my distin- provision of law, funds appropriated in Military clerk will report. Construction Appropriations Acts for operations guished chairman, but at this point in The senior assistant bill clerk read as time may I say this has been worked and maintenance of family housing shall be the follows: exclusive source of funds for repair and mainte- out mutually. We are in complete con- nance of all family housing units, including flag A bill (S. 1438) to authorize appropriations currence on this side with this block of and general officer quarters: Provided, That not for fiscal year 2002 for military activities of amendments that we will adopt en more than $35,000 per unit may be spent annu- the Department of Defense, for military con- bloc. ally for the maintenance and repair of any gen- struction, and for defense activities of the Department of Energy, to prescribe per- Again, I join the Senator in crediting eral or flag officer quarters without 30 days ad- our staff who have worked long hours vance prior notification of the appropriate com- sonnel strengths for such fiscal year for the mittees of Congress: Provided further, That the Armed Services, and for other purposes. into last night and almost every night. Under Secretary of Defense (Comptroller) is to Mr. LEVIN. Madam President, we The PRESIDING OFFICER. Without report annually to the Committees on Appro- made good progress on this bill yester- objection, it is so ordered. priations all operations and maintenance ex- day. Unfortunately, we weren’t suc- The amendments (Nos. 1694 through penditures for each individual flag and general cessful in reaching a unanimous con- 1718), en bloc, were agreed to, as fol- officer quarters for the prior fiscal year. sent agreement on a finite list of lows: SEC. 126. In addition to the amounts provided AMENDMENT NO. 1694 in Public Law 107–20, of the funds appropriated amendments to this bill which would under the heading ‘‘Military Construction, Air allow us to move quickly to final pas- (Purpose: To amend the Small Business Act Force’’ in this Act, $8,000,000 is to remain avail- sage. to promote the involvement of small busi- able until September 30, 2005: Provided, That But we simply must complete action ness concerns and small business joint ven- notwithstanding any other provision of law, on this bill. President Bush has de- tures in certain types of procurement con- such funds may be obligated or expended to clared a national state of emergency. tracts, to establish the Small Business carry out planning and design and military con- Procurement Competition Program, and Our military forces are deploying for other purposes) struction activities at the Masirah Island Air- around the world. We are calling the field in Oman, not otherwise authorized by law. At the appropriate place, insert the fol- SEC. 127. Not later than 90 days after the en- National Guard and Reserve units to lowing: active duty to augment our active actment of this bill, the Secretary of Defense SEC. ll. SMALL BUSINESS PROCUREMENT COM- shall submit to the congressional defense com- forces. PETITION. mittees a master plan for the environmental re- This bill contains critically impor- (a) DEFINITION OF COVERED CONTRACTS.— mediation of Hunters Point Naval Shipyard, tant provisions for our national secu- Section 15(e)(4) of the Small Business Act (15 California. The plan shall identify an aggregate rity. It provides much needed increases U.S.C. 644(e)(4)) is amended— cost estimate for the entire project as well as in military pay and benefits, including (1) by inserting after ‘‘bundled contract’’ cost estimates for individual parcels. The plan housing benefits and allowances. It the following: ‘‘, the aggregate dollar value shall also include a detailed cleanup schedule contains authority for bonuses and spe- of which is anticipated to be less than and an analysis of whether the Department is $5,000,000, or any contract, whether or not meeting legal requirements and community com- cial pay to retain people with critical the contract is a bundled contract, the ag- mitments. Following submission of the initial re- skills in the military services, and it gregate dollar value of which is anticipated port, the Department shall submit semi-annual contains a number of important provi- to be $5,000,000 or more’’; progress reports to the congressional defense sions to improve the efficiency of the (2) by striking ‘‘In the’’ and inserting the committees. Defense Department operations. following: SEC. 128. Of the funds available under the The matter which has been keeping ‘‘(A) IN GENERAL.—In the’’; and heading ‘‘Military Construction, Defense-wide’’, us from proceeding and completing this (3) by adding at the end the following: for the Pine Bluff Ammunition Demilitarization bill is not related to the national de- ‘‘(B) CONTRACTING GOALS.— Facility (Phase VI) the Department may spend ‘‘(i) IN GENERAL.—A contract award under up to $300,000 to conduct a feasibility study of fense bill that is before us. Our leader- this paragraph to a team that is comprised the requirement for a defense road at Pine Bluff ship is working hard to try to address entirely of small business concerns shall be Arsenal, Arkansas. that issue. counted toward the small business con- This Act may be cited as the ‘‘Military Con- I thank our leaders, Senator tracting goals of the contracting agency, as struction Appropriations Act, 2002’’. DASCHLE, Senator LOTT, and Senator required by this Act. Mrs. HUTCHISON. Madam President, REID, who have been so actively in- ‘‘(ii) PREPONDERANCE TEST.—The ownership I move to reconsider that vote, and I volved for their efforts to move us for- of the small business that conducts the pre- move to lay that motion on the table. ward on this critically important bill. ponderance of the work in a contract award- ed to a team described in clause (i) shall de- The PRESIDING OFFICER (Mrs. I thank Senator WARNER. He and his termine the category or type of award for CARNAHAN). Without objection, it is so staff have worked tirelessly to advance purposes of meeting the contracting goals of ordered. the bill. But adopting this bill would the contracting agency.’’. Under the previous order, the Senate send a powerful signal to our allies and (b) PROPORTIONATE WORK REQUIREMENTS insists on its amendment, requests a our adversaries around the world of a FOR BUNDLED CONTRACTS.— conference with the House on the dis- strong and unified sense of national (1) SECTION 8.—Section 8(a)(14)(A) of the agreeing votes of the two Houses, and unity and determination and our sup- Small Business Act (15 U.S.C. 637(a)(14)(A)) is amended— the Chair appoints the following con- port for our Armed Forces. So I am hopeful that we can continue (A) in clause (i), by striking ‘‘and’’ at the ferees on the part of the Senate: end; Mrs. FEINSTEIN, Mr. INOUYE, Mr. to make progress. As part of that ef- (B) in clause (ii), by striking the period at JOHNSON, Ms. LANDRIEU, Mr. REID of fort, Senator WARNER and I and our the end and inserting ‘‘; and’’; and Nevada, Mr. BYRD, Mrs. HUTCHISON of staffs worked late last night and this (C) by adding at the end the following: Texas, Mr. BURNS, Mr. CRAIG, Mr. morning to develop a package of about ‘‘(iii) notwithstanding clauses (i) and (ii), DEWINE, and Mr. STEVENS. 25 cleared amendments. in the case of a bundled contract— ‘‘(I) the concern will perform work for at Mrs. FEINSTEIN. I suggest the ab- AMENDMENTS NOS. 1694 THROUGH 1718, EN BLOC least 33 percent of the aggregate dollar value sence of a quorum. At this point, I ask unanimous con- of the anticipated award; The PRESIDING OFFICER. The sent that it be in order to send 25 ‘‘(II) no other concern will perform a great- clerk will call the roll. amendments to the desk for consider- er proportion of the work on that contract; The legislative clerk called the roll. ation en bloc, that the amendments be and

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9834 CONGRESSIONAL RECORD — SENATE September 26, 2001 ‘‘(III) no other concern that is not a small ject to the rules of the Administrator, in (1) by redesignating paragraphs (4) through business concern will perform work on the consultation with the heads of those Federal (7) as paragraphs (5) through (8), respec- contract.’’. agencies. tively; and (2) QUALIFIED HUBZONE SMALL BUSINESS (5) REGULATORY AUTHORITY.—The Adminis- (2) by inserting after paragraph (3) the fol- CONCERNS.—Section 3(p)(5)(A)(i)(III) of the trator shall promulgate such regulations as lowing: Small Business Act (15 U.S.C. may be necessary to carry out this sub- ‘‘(4) RULE OF CONSTRUCTION RELATING TO 632(p)(5)(A)(i)(III)) is amended— section. CITIZENSHIP.— (A) in item (bb), by striking ‘‘and’’ at the (6) SMALL BUSINESS ADMINISTRATION DATA- ‘‘(A) IN GENERAL.—A small business con- end; BASE.—The Administrator shall establish cern described in subparagraph (B) meets the (B) by redesignating item (cc) as item (dd); and maintain a permanent database that United States citizenship requirement of and identifies small business concerns interested paragraph (3)(A) if, at the time of applica- (C) by inserting after item (bb) the fol- in forming small business-only joint ven- tion by the concern to become a qualified lowing: tures, and shall make the database available HUBZone small business concern for pur- ‘‘(cc) notwithstanding items (aa) and (bb), to each Federal agency and to small business poses of any contract and at such times as in the case of a bundled contract, the con- concerns in electronic form to facilitate the the Administrator shall require, no non-cit- cern will perform work for at least 33 percent formation of small business-only joint ven- izen has filed a disclosure under section of the aggregate dollar value of the antici- tures. 13(d)(1) of the Securities Exchange Act of pated award, no other concern will perform a (7) TERMINATION OF PROGRAM.—The Pro- 1934 (15 U.S.C. 78m(d)(1)) as the beneficial greater proportion of the work on that con- gram (other than the database established owner of more than 10 percent of the out- tract, and no other concern that is not a under paragraph (6)) shall terminate 3 years standing shares of that small business con- small business concern will perform work on after the date of enactment of this Act. cern. the contract; and’’. (8) REPORT TO CONGRESS.—Not later than 60 ‘‘(B) CONCERNS DESCRIBED.—A small busi- (3) SECTION 15.—Section 15(o)(1) of the days before the date of termination of the ness concern is described in this subpara- Small Business Act (15 U.S.C. 644(o)(1)) is Program, the Administrator shall submit a graph if the small business concern— amended— report to Congress on the results of the Pro- ‘‘(i) has a class of securities registered (A) in subparagraph (A), by striking ‘‘and’’ gram, together with any recommendations under section 12 of the Securities Exchange at the end; for improvements to the Program and its po- Act of 1934 (15 U.S.C. 78l); and (B) in subparagraph (B), by striking the pe- tential for use Governmentwide. ‘‘(ii) files reports with the Securities and riod at the end and inserting ‘‘; and’’; and (9) RELATIONSHIP TO OTHER LAWS.—Nothing Exchange Commission as a small business (C) by adding at the end the following: in this subsection waives or modifies the ap- issuer.’’. ‘‘(C) notwithstanding subparagraphs (A) plicability of any other provision of law to ‘‘(C) NON-CITIZENS.—In this paragraph, the and (B), in the case of a bundled contract— procurements of any Federal agency in term ‘non-citizen’ means ‘‘(i) the concern will perform work for at which small business-only joint ventures ‘‘(i) an individual that is not a United least 33 percent of the aggregate dollar value may participate under the Program. States citizen; and of the anticipated award; ‘‘(ii) any other person that is not organized ‘‘(ii) no other concern will perform a great- AMENDMENT NO. 1695 under the laws of any State or the United er proportion of the work on that contract; States.’’. and (Purpose: To make amendments with respect to small business concerns) ‘‘(iii) no other concern that is not a small AMENDMENT NO. 1696 business concern will perform work on the On page 270, line 9, strike ‘‘(A)’’ and all (Purpose: To authorize, with an offset, contract.’’. that follows through ‘‘(4)’’ on line 25. (c) SMALL BUSINESS PROCUREMENT COM- On page 271, between lines 8 and 9, insert $11,900,000 to improve instrumentation and PETITION PILOT PROGRAM.— the following: targets at Army live fire training ranges) (1) DEFINITIONS.—In this subsection— (c) EVALUATION OF BUNDLING EFFECTS.— At the end of subtitle A of title III, add the (A) the term ‘‘Administrator’’ means the Section 15(h)(2) of the Small Business Act (15 following: Administrator of the Small Business Admin- U.S.C. 644(h)(2)) is amended— SEC. 306. IMPROVEMENTS IN INSTRUMENTATION istration; (1) in subparagraph (C), by inserting ‘‘, and AND TARGETS AT ARMY LIVE FIRE (B) the term ‘‘Federal agency’’ has the whether contract bundling played a role in TRAINING RANGES. same meaning as in section 3 of the Small the failure,’’ after ‘‘agency goals’’; and (a) INCREASE IN AUTHORIZATION OF APPRO- Business Act (15 U.S.C. 632); (2) by adding at the end the following: PRIATIONS FOR OPERATION AND MAINTENANCE, (C) the term ‘‘Program’’ means the Small ‘‘(G) The number and dollar value of con- ARMY.—The amount authorized to be appro- Business Procurement Competition Program solidations of contract requirements with a priated by section 301(1) for the Army for op- established under paragraph (2); total value in excess of $5,000,000, including eration and maintenance is hereby increased (D) the term ‘‘small business concern’’ has the number of such consolidations that were by $11,900,000 for improvements in instru- the same meaning as in section 3 of the awarded to small business concerns as prime mentation and targets at Army live fire Small Business Act (15 U.S.C. 632); and contractors.’’. training ranges. (E) the term ‘‘small business-only joint (d) REPORTING REQUIREMENT.—Section 15(p) (b) OFFSET.—The amount authorized to be ventures’’ means a team described in section of the Small Business Act (15 U.S.C. 644(p)) is appropriated by section 302(1) for the Depart- 15(e)(4) of the Small Business Act (15 U.S.C. amended to read as follows: ment of Defense for the Defense Working 644(e)(4)) comprised of only small business ‘‘(p) REPORTING REQUIREMENT.— Capital Funds is hereby decreased by concerns. ‘‘(1) IN GENERAL.—The Administrator shall $11,900,000, with the amount of the decrease (2) ESTABLISHMENT OF PROGRAM.—The Ad- conduct a study examining the best means to to be allocated to amounts available under ministrator shall establish in the Small determine the accuracy of the market re- that section for fuel purchases. Business Administration a pilot program to search required under subsection (e)(2) for AMENDMENT NO. 1697 be known as the ‘‘Small Business Procure- each bundled contract, to determine if the ment Competition Program’’. anticipated benefits were realized, or if they (Purpose: To increase the amount authorized (3) PURPOSES OF PROGRAM.—The purposes of were not realized, the reasons there for. to be appropriated for the Air Force for the Program are— ‘‘(2) PROVISION OF INFORMATION.—A Federal procurement of Hydra-70 rockets, and to (A) to encourage small business-only joint agency shall provide to the appropriate pro- provide an offset) ventures to compete for contract awards to curement center representative a copy of On page 18, line 13, increase the amount by fulfill the procurement needs of Federal market research required under subsection $20,000,000. agencies; (e)(2) for consolidations of contract require- On page 32, line 4, reduced the amount by (B) to facilitate the formation of joint ven- ments with a total value in excess of $20,000,000. tures for procurement purposes among small $5,000,000, upon request. business concerns; ‘‘(3) REPORT.—Not later than 270 days after AMENDMENT NO. 1698 (C) to engage in outreach to small busi- the date of enactment of the National De- (Purpose: To modify the provisions relating ness-only joint ventures for Federal agency fense Authorization Act for Fiscal Year 2002, to financial management oversight of the procurement purposes; and the Administrator shall submit a report to Department of Defense) (D) to engage in outreach to the Director the Committee on Small Business and Entre- In the section heading of section 1007, of the Office of Small and Disadvantaged preneurship of the Senate and the Com- strike ‘‘SENIOR FINANCIAL MANAGEMENT Business Utilization and the procurement of- mittee on Small Business of the House of OVERSIGHT COUNCIL’’ and insert ‘‘FINAN- ficer within each Federal agency. Representatives on the results of the study CIAL MANAGEMENT MODERNIZATION EX- (4) OUTREACH.—Under the Program, the Ad- conducted under this subsection.’’. ECUTIVE COMMITTEE’’. ministrator shall establish procedures to On page 290, between lines 3 and 4, insert In section 1007, strike the subsection cap- conduct outreach to small business concerns the following: tion for subsection (a) and insert the fol- interested in forming small business-only SEC. 824. HUBZONE SMALL BUSINESS CONCERNS. lowing: ‘‘ESTABLISHMENT OF FINANCIAL MAN- joint ventures for the purpose of fulfilling Section 3(p) of the Small Business Act (15 AGEMENT MODERNIZATION EXECUTIVE COM- procurement needs of Federal agencies, sub- U.S.C. 632(p)) is amended— MITTEE.—’’.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9835 In section 1007(a)(1), strike ‘‘Senior Finan- In section 1007, strike subsection (d) and is submitted was not implemented, a jus- cial Management Oversight Council’’ and in- insert the following: tification for the lack of implementation of sert ‘‘Financial Management Modernization (d) ANNUAL FINANCIAL MANAGEMENT IM- such element. Executive Committee’’. PROVEMENT PLAN.—(1) Subsection (a) of sec- In section 1007(a)(2), strike ‘‘Council’’ and tion 2222 of title 10, United States Code, is AMENDMENT NO. 1699 insert ‘‘Committee’’. amended to read as follows: (Purpose: To require a determination on the In section 1007(a)(2), insert after ‘‘(Per- ‘‘(a) ANNUAL PLAN REQUIRED.—The Sec- advisability of amending the Federal Ac- sonnel and Readiness),’’ the following: ‘‘the retary of Defense shall submit to Congress quisition Regulation to authorize treat- chief information officer of the Department an annual strategic plan for the improve- of Defense,’’. ment of financing costs as an allowable ex- ment of financial management within the pense under contracts for utility services In section 1007(a)(3), strike ‘‘Council’’ and Department of Defense. The plan shall be insert ‘‘Committee’’. from utility systems privatized under the submitted not later than September 30 each utility privatization initiative) In section 1007(a), add at the end the fol- year.’’. lowing: (2)(A) The section heading of such section At the end of subtitle A of title XXVIII, (4) The Committee shall be accountable to is amended to read as follows: add the following: the Senior Executive Council composed of SEC. 2806. AMENDMENT OF FEDERAL ACQUISI- the Secretary of Defense, the Deputy Sec- ‘‘§ 2222. Annual financial management im- provement plan’’. TION REGULATION TO TREAT FI- retary of Defense, the Under Secretary of De- NANCING COSTS AS ALLOWABLE EX- fense for Acquisition, Technology, and Logis- (B) The table of sections at the beginning PENSES UNDER CONTRACTS FOR tics, the Secretary of the Army, the Sec- of chapter 131 of such title is amended by UTILITY SERVICES FROM UTILITY retary of the Navy, and the Secretary of the striking the item relating to section 2222 and SYSTEMS CONVEYED UNDER PRI- Air Force. inserting the following new item: VATIZATION INITIATIVE. In section 1007(b), in the matter preceding ‘‘2222. Annual financial management im- (a) DETERMINATION OF ADVISABILITY OF paragraph (1), strike ‘‘Senior Financial Man- provement plan.’’. AMENDMENT.—Not later than 90 days after agement Oversight Council’’ and insert ‘‘Fi- the date of the enactment of this Act, the (e) ADDITIONAL ELEMENTS FOR FINANCIAL nancial Management Modernization Execu- Secretary of Defense shall determine wheth- MANAGEMENT IMPROVEMENT PLAN IN 2002.—In tive Committee’’. the annual financial management improve- er or not it is advisable to modify the Fed- In section 1007(b), add at the end the fol- ment plan submitted under section 2222 of eral Acquisition Regulation in order to pro- lowing: title 10, United States Code (as amended by vide that a contract for utility services from (4) To ensure that a Department of Defense subsection (d)), in 2002, the Secretary shall a utility system conveyed under section financial management enterprise architec- include the following: 2688(a) of title 10, United States Code, may ture is development and maintained in ac- (1) Measurable annual performance goals include terms and conditions that recognize cordance with— for improvement of the financial manage- financing costs, such as return on equity and (A) the overall business process trans- ment of the Department. interest on debt, as an allowable expense formation strategy of the Department; and (2) Performance milestones for initiatives when incurred by the conveyee of the utility (B) the Command, Control, Communica- under the plan for transforming the financial system to acquire, operate, renovate, re- tions, Computers, Intelligence, Surveillance, management operations of the Department place, upgrade, repair, and expand the utility and Reconnaissance Architecture Frame- and for implementing a financial manage- system. work of the Department. ment architecture for the Department. (b) REPORT.—If as of the date that is 180 (5) To ensure that investments in existing (3) An assessment of the anticipated an- days after the date of the enactment of this or proposed financial management systems nual cost of any plans for transforming the Act, the Federal Acquisition Regulatory for the Department comply with the overall financial management operations of the De- Council has not modified the Federal Acqui- business practice transformation strategy of partment and for implementing a financial sition Regulation to provide that a contract the Department and the financial manage- management architecture for the Depart- described in subsection (a) may include ment enterprise architecture developed ment. terms and conditions described in that sub- under paragraph (4). (4) A discussion of the following: section, or otherwise taken action to provide (6) To provide an annual accounting of all (A) The roles and responsibilities of appro- that a contract referred to in that subsection financial and feeder system investment tech- priate Department officials to ensure the su- may include terms and conditions described nology projects to ensure that such projects pervision and monitoring of the compliance in that subsection, the Secretary shall sub- are being implemented at acceptable cost of each accounting, finance, and feeder sys- mit to Congress on that date a report setting and within a reasonable schedule, and are tem of the Department with the business forth a justification for the failure to take contributing to tangible, observable im- practice transformation strategy of the De- such actions. provements in mission performance. partment, the financial management archi- In section 1007(c)(1), strike ‘‘of all’’ and all AMENDMENT NO. 1700 that follows through the end and insert ‘‘of tecture of the Department, and applicable (Purpose: Relating to chemical and biologi- all budgetary, accounting, finance, and feed- Federal financial management systems and er systems that support the transformed reporting requirements. cal protective equipment for military and business processes of the Department and (B) A summary of the actions taken by the civilian personnel of the Department of produce financial statements.’’. Financial Management Modernization Exec- Defense) In section 1007(c)(2), strike ‘‘to financial utive Committee to ensure that such sys- At the end of subtitle E of title X, add the statements before other actions are initi- tems comply with the business practice following: ated.’’ and insert ‘‘to cognizant Department transformation strategy of the Department, SEC. 1066. CHEMICAL AND BIOLOGICAL PROTEC- business functions (as part of the overall the financial management architecture of TIVE EQUIPMENT FOR MILITARY business process transformation strategy of the Department, and applicable Federal fi- AND CIVILIAN PERSONNEL OF THE the Department) and financial statements nancial management systems and reporting DEPARTMENT OF DEFENSE. before other actions are initiated.’’. requirements. (a) REPORT REQUIRED.—(1) Not later than In section 1007(c), strike paragraphs (3), (4), (f) ADDITIONAL ELEMENTS FOR FINANCIAL 120 days after the date of the enactment of and (5) and insert the following: MANAGEMENT IMPROVEMENT PLAN AFTER this Act, the Secretary of Defense shall sub- (3) Periodic submittal to the Secretary of 2002.—In each annual financial management mit to Congress a report on the requirements Defense, the Deputy Secretary of Defense, improvement plan submitted under section of the Department of Defense, including the the Senior Executive Council, or any com- 2222 of title 10, United States Code (as reserve components, for chemical and bio- bination thereof, of reports on the progress amended by subsection (d)), after 2002, the logical protective equipment. being made in achieving financial manage- Secretary shall include the following: (2) The report shall set forth the following: ment transformation goals and milestone in- (1) A description of the actions to be taken (A) A description of any current shortfalls cluded in the annual financial management in the fiscal year beginning in the year in in requirements for chemical and biological improvement plan in 2002 in accordance with which the plan is submitted to implement protective equipment, whether for individ- subsection (e). the goals and milestones included in the fi- uals or units, for military personnel. (4) Documentation of the completion of nancial management improvement plan in (B) A plan for providing appropriate chem- each phase—Awareness, Evaluation, Renova- 2002 under paragraphs (1) and (2) of sub- ical and biological protective equipment for tion, Validation, and Compliance—of im- section (e). all military personnel and for all civilian provements made to each accounting, fi- (2) An estimate of the amount expended in personnel of the Department of Defense. nance, and feeder system. the fiscal year ending in the year in which (C) An assessment of the costs associated (5) Independent audit by the Inspector Gen- the plan is submitted to implement the fi- with carrying out the plan under subpara- eral of the Department, the audit agencies of nancial management improvement plan in graph (B). the military department, private sector such preceding calendar year, set forth by (b) SENSE OF CONGRESS.—It is the sense of firms contracted to conduct validation au- system. Congress that the Secretary of Defense dits, or any combination thereof, at the vali- (3) If an element of the financial manage- should consider utilizing funds available to dation phase for each accounting, finance, ment improvement plan submitted in the fis- the Secretary for chemical and biological de- and feeder system. cal year ending in the year in which the plan fense programs, including funds available for

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9836 CONGRESSIONAL RECORD — SENATE September 26, 2001 such program under this Act and funds avail- (3) by adding at the end the following new section (a), the Secretary shall transfer to able for such programs under the 2001 Emer- subsection: the Secretary of Commerce administrative gency Supplemental Appropriations Act for ‘‘(b) OMISSION OF CERTAIN INFORMATION.— jurisdiction over a parcel of real property, Recovery from and Response to Terrorist At- The Secretary may omit from the certifi- including improvements thereon, consisting tacks on the United States, to provide an ap- cation under subsection (a) the matter speci- of approximately 1.1 acres located at the propriate level of protection from chemical fied in paragraph (1) of that subsection, and Mukilteo Tank Farm and including the Na- and biological attack, including protective the certification with the matter so omitted tional Marine Fisheries Service Mukilteo equipment, for all military personnel and for shall be effective for purposes of that sub- Research Center facility. all civilian personnel of the Department of section, if the Secretary includes with the ‘‘(2) The Secretary of Commerce may, with Defense who are not currently protected certification notice to Congress of a deter- the consent of the Port, exchange with the from chemical or biological attack. mination by the Secretary that it is not in Port all or any portion of the property re- the national security interests of the United ceived under paragraph (1) for a parcel of AMENDMENT NO. 1701 States for the matter specified in that para- real property of equal area at the Mukilteo (Purpose: To improve the provisions relating graph to be included in the certification, to- Tank Farm that is owned by the Port. to the Rocky Flats National Wildlife Refuge) gether with a justification of the determina- ‘‘(3) The Secretary of Commerce shall ad- (The text of the amendment is print- tion.’’. minister the property under the jurisdiction In section 1204(b), strike ‘‘EXECUTIVE’’ in of the Secretary under this subsection ed in the RECORD under ‘‘Amendments the subsection caption and insert ‘‘IMPLE- through the Administrator of the National Submitted.’’) MENTING’’. Oceanic and Atmospheric Administration as In section 1204(b), strike ‘‘executive’’ and part of the Administration. AMENDMENT NO. 1702 insert ‘‘implementing’’. ‘‘(4) The Administrator shall use the prop- (Purpose: To repeal the limitation on num- erty under the jurisdiction of the Secretary ber of officers on active duty in the grades AMENDMENT NO. 1705 of Commerce under this subsection as the lo- of general or admiral) (Purpose: Relating to the V–22 Osprey cation of a research facility, and may con- At the end of section 501 add the following: aircraft) struct a new facility on the property for such (e) REPEAL OF LIMITATION ON NUMBER OF research purposes as the Administrator con- At the end of subtitle C of title I, add the OFFICERS ON ACTIVE DUTY IN THE GRADES OF siders appropriate. following: GENERAL OR ADMIRAL.—(1) Section 528 of ‘‘(5)(A) If after the 12-year period beginning title 10, United States Code, is repealed. SEC. 124. ADDITIONAL MATTER RELATING TO V– on the date of the enactment of the National 22 OSPREY AIRCRAFT. (2) The table of sections at the beginning of Defense Authorization Act for Fiscal Year chapter 32 of such title is amended by strik- Not later than 30 days before the re- 2002, the Administrator is not using any por- ing the item relating to section 528. commencement of flights of the V–22 Osprey tion of the real property under the jurisdic- aircraft, the Secretary of Defense shall sub- tion of the Secretary of Commerce under mit to Congress notice of the waiver, if any, AMENDMENT NO. 1703 this subsection, the Administrator shall con- of any item capability or any other require- vey, without consideration, to the Port all (Purpose: To improve the organization and ment specified in the Joint Operational Re- management of the Department of Defense right, title, and interest in and to such por- quirements Document for the V–22 Osprey tion of the real property, including improve- with respect to space programs and activi- aircraft, including a justification of each ties) ments thereon. such waiver. ‘‘(B) The Port shall use any real property (The text of the amendment is print- conveyed to the Port under this paragraph ed in the RECORD under ‘‘Amendments AMENDMENT NO. 1706 for the purpose specified in subsection (a).’’. Submitted.’’) (Purpose: To authorize the appropriation of (b) CONFORMING AMENDMENT.—The section an additional amount of $1,000,000 for fiscal heading for that section is amended to read AMENDMENT NO. 1704 year 2001 that was previously appropriated as follows: (Purpose: To modify certain provisions relat- for that fiscal year for RDT&E, Defense- ‘‘SEC. 2866. LAND CONVEYANCE AND TRANSFER, ing to Cooperative Threat Reduction pro- wide, for the Intelligent Spatial Tech- MUKILTEO TANK FARM, EVERETT, grams) nologies for Smart Maps Initiative of the WASHINGTON.’’. In section 1202(c)(1), strike ‘‘Subject to National Imagery and Mapping Agency paragraphs (2) and (3),’’ and insert ‘‘Subject (PE0305102BQ)) AMENDMENT NO. 1708 to paragraph (2),’’. On page 31, between lines 15 and 16, insert (Purpose: To modify the authorization for a In section 1202(c)(3), strike ‘‘in any of the the following: military construction project at Fort Sill, paragraphs’’ and insert ‘‘in paragraph (7), SEC. 233. SUPPLEMENTAL AUTHORIZATION OF Oklahoma) (10) or (11)’’. APPROPRIATIONS FOR FISCAL YEAR The table in section 2101(a) is amended in Strike section 1203 and insert the fol- 2001 FOR RESEARCH, DEVELOP- the item relating to Fort Sill, Oklahoma, by lowing: MENT, TEST, AND EVALUATION DE- striking ‘‘$18,600,000’’ in the amount column FENSE-WIDE. SEC. 1203. CHEMICAL WEAPONS DESTRUCTION. and inserting ‘‘$40,100,000’’. Section 201(4) of Floyd D. Spence National Section 1305 of the National Defense Au- The table in section 2101(a) is amended by Defense Authorization Act for Fiscal Year thorization Act for Fiscal Year 2000 (Public striking the amount identified as the total 2001 (as enacted into law by Public Law 106– Law 106–65; 113 Stat. 794; 22 U.S.C. 5952 note) in the amount column and inserting 398; 114 Stat. 1654A–32) is amended by strik- is amended— ‘‘$1,279,500,000’’. ing ‘‘$10,873,712,000’’ and inserting (1) by inserting ‘‘(a) LIMITATION.—’’ before Section 2104(b)(4) is amended by striking ‘‘$10,874,712,000’’. ‘‘No fiscal year’’; ‘‘and’’ at the end. (2) in subsection (a), as so designated, by Section 2104(b)(5) is amended by striking AMENDMENT NO. 1707 inserting before the period at the end the fol- the period at the end and inserting ‘‘; and’’. lowing: ‘‘until the Secretary of Defense sub- (Purpose: To modify the land conveyance at Section 2104(b) is amended by inserting mits to Congress a certification that there Mukilteo Tank Farm, Everett, Washington) after paragraph (5) the following: has been— At the end of subtitle C of title XXVIII, (6) $21,500,000 (the balance of the amount ‘‘(1) full and accurate disclosure by Russia add the following: authorized under section 2101(a) for Consoli- of the size of its existing chemical weapons dated Logistics Complex (Phase I) at Fort SEC. ll. MODIFICATION OF LAND CONVEYANCE, Sill, Oklahoma). stockpile; MUKILTEO TANK FARM, EVERETT, ‘‘(2) a demonstrated annual commitment WASHINGTON. AMENDMENT NO. 1709 by Russia to allocate at least $25,000,000 to (a) MODIFICATION.—Section 2866 of the Mili- chemical weapons elimination; tary Construction Authorization Act for Fis- (Purpose: To authorize, with an offset, ‘‘(3) development by Russia of a practical cal Year 2001 (division B of the Floyd D. $2,400,000 for procurement of additional plan for destroying its stockpile of nerve Spence National Defense Authorization Act M291 skin decontamination kits) agents; for Fiscal Year 2001 (as enacted by Public At the end of subtitle E of title I, add the ‘‘(4) enactment of a law by Russia that pro- Law 106–398); 114 Stat. 436) is amended— following: vides for the elimination of all nerve agents (1) in subsection (a), by striking ‘‘22 acres’’ SEC. 142. PROCUREMENT OF ADDITIONAL M291 at a single site; and inserting ‘‘20.9 acres’’; SKIN DECONTAMINATION KITS. ‘‘(5) an agreement by Russia to destroy or (2) by redesignating subsections (b), (c), (a) INCREASE IN AUTHORIZATION OF APPRO- convert its chemical weapons production fa- (d), and (e) as subsections (c), (d), (e), and (f), PRIATIONS FOR DEFENSE-WIDE PROCURE- cilities at Volgograd and Novocheboksark; respectively; and MENT.—(1) The amount authorized to be ap- and (3) by inserting after subsection (a) the fol- propriated by section 104 for Defense-wide ‘‘(6) a demonstrated commitment from the lowing new subsection (b): procurement is hereby increased by international community to fund and build ‘‘(b) TRANSFER OF JURISDICTION.—(1) At the $2,400,000, with the amount of the increase infrastructure needed to support and operate same time the Secretary of the Air Force available for the Navy for procurement of the facility.’’; and makes the conveyance authorized by sub- M291 skin decontamination kits.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9837 (2) The amount available under paragraph section (b) until the completion of an assess- (3) Section 2695(c) of title 10 United States (1) for procurement of M291 skin decon- ment of environmental contamination of the Code, shall apply to any amount received tamination kits is in addition to any other property authorized to be conveyed by such under this subsection. amounts available under this Act for pro- subsection for purposes of determining re- (e) DESCRIPTION OF PROPERTY.—The exact curement of M291 skin decontamination kits. sponsibility for environmental remediation acreage and legal description of the real (b) OFFSET.—The amount authorized to be of such property. property to be conveyed under subsection (a) appropriated by section 201(4) for research, (e) DESCRIPTION OF PROPERTY.—The exact shall be determined by survey satisfactory to development, test, and evaluation, Defense- acreage and legal description of the real the Secretary. The cost of the survey shall wide, is hereby decreased by $2,400,000, with property to be conveyed under subsections be borne by the Memorial Park. the amount to be derived from the amount (a) and (b) shall be determined by surveys (f) ADDITIONAL TERMS AND CONDITIONS.— available for the Technical Studies, Support satisfactory to the Secretary. The cost of the The Secretary may require such additional and Analysis program. survey for the property to be conveyed under terms and conditions in connection with the subsection (a) shall be borne by the State, conveyance under subsection (a) as the Sec- AMENDMENT NO. 1710 and the cost of the survey for the property to retary considers appropriate to protect the (Purpose: To reauthorize a warranty claims be conveyed under subsection (b) shall be interests of the United States. recovery pilot program) borne by the City. (f) ADDITIONAL TERMS AND CONDITIONS.— At the end of subtitle D of title III, add the AMENDMENT NO. 1714 The Secretary may require such additional (Purpose: To authorize participation of reg- following: terms and conditions in connection with the ular members of the Armed Forces in Sen- SEC. 335. REAUTHORIZATION OF WARRANTY conveyances under subsections (a) and (b) as ior ROTC) CLAIMS RECOVERY PILOT PRO- the Secretary considers appropriate to pro- GRAM. tect the interests of the United States. At the end of subtitle C of title V, add the (a) EXTENSION OF AUTHORITY.—Subsection following: (f) of section 391 of the National Defense Au- AMENDMENT NO. 1712 SEC. 540. PARTICIPATION OF REGULAR MEM- thorization Act for Fiscal Year 1998 (Public (Purpose: To authorize the sale of goods and BERS OF THE ARMED FORCES IN Law 105–85; 111 Stat. 1716; 10 U.S.C. 2304 note) services that are not available from any THE SENIOR RESERVE OFFICERS’ TRAINING CORPS. is amended by striking ‘‘September 30, 1999’’ United States commercial source by the (a) ELIGIBILITY.—Section 2104(b)(3) of title and inserting ‘‘September 30, 2003’’. Naval Magazine, Indian Island) (b) REPORTING REQUIREMENTS.—Subsection 10, United States Code, is amended by insert- (g) of such section is amended— Insert at the appropriate place in the bill ing ‘‘the regular component or’’ after ‘‘enlist (1) in paragraph (1), by striking ‘‘January the following new item: in’’. The Secretary of the Navy may sell to a 1, 2000’’ and inserting ‘‘January 1, 2003’’; and (b) PAY RATE WHILE ON FIELD TRAINING OR person outside the Department of Defense ar- (2) in paragraph (2), by striking ‘‘March 1, PRACTICE CRUISE.—Section 209(c) of title 37, ticles and services provided by the Naval 2000’’ and inserting ‘‘March 1, 2003’’. United States Code, is amended by inserting Magazine, Indian Island facility that are not before the period at the end the following: ‘‘, available from any United States commer- AMENDMENT NO. 1711 except that the rate for a cadet or mid- cial source; Provided, That a sale pursuant to shipmen who is a member of the regular (Purpose: To authorize land conveyances at this section shall conform to the require- Charleston Air Force Base, South Carolina) component of an armed force shall be the ments of 10 U.S.C. section 2563 (c) and (d); rate of basic pay applicable to the member At the end of subtitle C of title XXVIII, and Provided further, That the proceeds from under section 203 of this title’’. add the following: the sales of articles and services under this (c) EFFECTIVE DATE.—This section and the SEC. 2827. LAND CONVEYANCES, CHARLESTON section shall be credited to operation and amendments made by this section shall take AIR FORCE BASE, SOUTH CAROLINA. maintenance funds of the Navy, that are cur- effect on October 1, 2001. (a) CONVEYANCE TO STATE OF SOUTH CARO- rent when the proceeds are received. LINA AUTHORIZED.—The Secretary of the Air AMENDMENT NO. 1715 Force may convey, without consideration, to AMENDMENT NO. 1713 (Purpose: To repeal certain limitations on the State of South Carolina (in this section (Purpose: To authorize a land conveyance, the exercise of voluntary separation incen- referred to as the ‘‘State’’), all right, title, Fort Des Moines, Iowa) and interest of the United States in and to a tive pay authority and voluntary early re- At the end of subtitle C of title XXVIII, tirement authority) portion (as determined under subsection (c)) add the following: Strike section 1113 and insert the fol- of the real property, including any improve- SEC. 2827. LAND CONVEYANCE, FORT DES ments thereon, consisting of approximately MOINES, IOWA. lowing: 24 acres at Charleston Air Force Base, South (a) CONVEYANCE AUTHORIZED.—The Sec- SEC. 1113. REPEAL OF LIMITATIONS ON EXER- Carolina, and comprising the Air Force Fam- retary of the Army may convey, without CISE OF VOLUNTARY SEPARATION INCENTIVE PAY AUTHORITY AND ily Housing Annex. The purpose of the con- consideration, to Fort Des Moines Memorial veyance is to facilitate the Remount Road VOLUNTARY EARLY RETIREMENT Park, Inc., a nonprofit organization (in this AUTHORITY. Project. section referred to as the ‘‘Memorial Park’’), Section 1153(b) of the Floyd D. Spence Na- (b) CONVEYANCE TO CITY OF NORTH all right, title, and interest of the United tional Defense Authorization Act for Fiscal CHARLESTON AUTHORIZED.—The Secretary States in and to a parcel of real property, in- Year 2001 (as enacted into law by Public Law may convey, without consideration, to the cluding improvements thereon, consisting of 106–398; 114 Stat. 1654A–323) is amended— City of North Charleston, South Carolina (in approximately 4.6 acres located at Fort Des (1) in paragraph (1), by striking ‘‘Subject this section referred to as the ‘‘City’’), all Moines United States Army Reserve Center, to paragraph (2), the’’ and inserting ‘‘The’’; right, title, and interest of the United States Des Moines, Iowa, for the purpose of the es- (2) by striking paragraph (2); and in and to a portion (as determined under sub- tablishment of the Fort Des Moines Memo- (3) by redesignating subparagraphs (A) and section (c)) of the real property, including rial Park and Education Center. (B) as paragraphs (1) and (2), respectively. any improvements thereon, referred to in (b) CONDITION OF CONVEYANCE.—The con- subsection (a). The purpose of the convey- veyance under subsection (a) shall be subject AMENDMENT NO. 1716 ance is to permit the use of the property by to the condition that the Memorial Park use (Purpose: To make additional modifications the City for municipal purposes. the property for museum and park purposes. to the Energy Employees Occupational Ill- (c) DETERMINATION OF PORTIONS OF PROP- (c) REVERSION.—If the Secretary deter- ERTY TO BE CONVEYED.—(1) Subject to para- mines at any time that the real property ness Program) graph (2), the Secretary, the State, and the conveyed under subsection (a) is not being In section 3151(d), strike paragraphs (1) and City shall jointly determine the portion of used for museum and park purposes, all (2) and insert the following: the property referred to in subsection (a) right, title, and interest in and to the real (1) IN GENERAL.—Subsection (e) of section that is to be conveyed to the State under property, including any improvements there- 3628 of that Act (114 Stat. 1654A–506) is subsection (a) and the portion of the prop- on, shall revert to the United States, and the amended to read as follows: erty that is to be conveyed to the City under United States shall have the right of imme- ‘‘(e) SURVIVORS.—(1) If a covered employee subsection (b). diate entry thereon. dies before accepting payment of compensa- (2) In determining under paragraph (1) the (d) REIMBURSEMENT FOR COSTS OF CONVEY- tion under this section, whether or not the portions of property to be conveyed under ANCE.—(1) The Memorial Park shall reim- death is the result of the covered employee’s this section, the portion to be conveyed to burse the Secretary for the costs incurred by occupational illness, the survivors of the the State shall be the minimum portion of the Secretary for any environmental assess- covered employee who are living at the time the property required by the State for the ment, study, or analysis, or for any other ex- of payment of compensation under this sec- purpose specified in subsection (a), and the penses incurred by the Secretary, for the tion shall receive payment of compensation portion to be conveyed to the City shall be conveyance authorized in (a). under this section in lieu of the covered em- the balance of the property. (2) The amount of the reimbursement ployee as follows: (d) LIMITATION ON CONVEYANCES.—The Sec- under paragraph (1) for any activity shall be ‘‘(A) If such living survivors of the covered retary may not carry out the conveyance of determined by the Secretary, but may not employee include a spouse and one or more property authorized by subsection (a) or sub- exceed the cost of such activity. children—

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9838 CONGRESSIONAL RECORD — SENATE September 26, 2001 ‘‘(i) the spouse shall receive one-half of the In section 3151(g), strike paragraph (2) and 50 percent of the value of the contract. amount of compensation provided for the insert the following: This is still a significant obstacle. The covered employee under this section; and (2)(A) Not later than 180 days after the date Kerry/Bond amendment would allow ‘‘(ii) each child shall receive an equal share of the enactment of this Act, the National the prime contractor to perform 33 per- of the remaining one-half of the amount of Institute for Occupational Safety and Health the compensation provided for the covered shall submit to the congressional defense cent of the contract if no other partici- employee under this section. committees a report on the progress made as pant performs a greater proportion and ‘‘(B) If such living survivors of the covered of the date of the report on the study under if all other participants in the joint employee include a spouse or one or more paragraph (1). venture are small businesses. children, but not both a spouse and one or (B) Not later than one year after the date Mr. KERRY. Mr. President, I would more children— of the enactment of this Act, the National like to thank Armed Services Com- ‘‘(i) the spouse shall receive the amount of Institute shall submit to the congressional mittee Chairman LEVIN and Ranking compensation provided for the covered em- defense committees a final report on the Member WARNER for their assistance ployee under this section; or study under paragraph (1). on this amendment to the National De- ‘‘(ii) each child shall receive an equal share fense Authorization Act for Fiscal Year of the amount of the compensation provided AMENDMENT NO. 1717 2002. My amendment, cosponsored by for the covered employee under this section. (Purpose: To set aside for land forces readi- ‘‘(C) If such living survivors of the covered Senator BOND, will help small busi- ness-information operations sustainment nesses more effectively compete for employee do not include a spouse or any (PE 19640) $5,000,000 of the amount provided children, but do include one or both parents, for the Army Reserve for operation and large and/or bundled contracts. one or more grandparents, one or more maintenance) Everyone knows that small busi- grandchildren, or any combination of such At the end of subtitle D of title III, add the nesses are vital to the U.S. economy, individuals, each such individual shall re- accounting for 99 percent of all private ceive an equal share of the amount of the following: SEC. 335. FUNDING FOR LAND FORCES READI- sector employers, providing 75 percent compensation provided for the covered em- of all net new jobs, and accounting for ployee under this section. NESS-INFORMATION OPERATIONS ‘‘(2) For purposes of this subsection, the SUSTAINMENT. 51 percent of private-sector output. But term ‘child’, in the case of a covered em- Of the amount authorized to be appro- what many of my colleagues may not ployee, means any child of the covered em- priated by section 301(6), $5,000,000 may be realize is the vital role small busi- ployee, including a natural child, adopted available for land forces readiness-informa- nesses play in providing competition child, or step-child who lived with the cov- tion operations sustainment. and innovation to our Federal procure- ered employee in a parent-child relation- ment system. In fact, a major reason ship.’’. AMENDMENT NO. 1718 for the creation of the Small Business (2) URANIUM EMPLOYEES.—Subsection (e) of (Purpose: To require the conveyance of cer- section 3630 of that Act (114 Stat. 1654A–507) tain former Minuteman III ICBM facilities) Administration was to ensure an ade- is amended to read as follows: At the end of subtitle C of title III, add the quate private sector base for the De- ‘‘(e) SURVIVORS.—(1) If a covered uranium following: partment of Defense. It was actually employee dies before accepting payment of deemed in our national security inter- compensation under this section, whether or SEC. 2827. LAND CONVEYANCES, CERTAIN FORMER MINUTEMAN III ICBM FA- ests to have a thriving small business not the death is the result of the covered CILITIES IN NORTH DAKOTA. sector. And this has not changed, it is uranium employee’s occupational illness, the (a) CONVEYANCES REQUIRED.—(1) The Sec- survivors of the covered uranium employee actually more important than ever, not retary of the Air Force may convey, without who are living at the time of payment of just to our national security, but to consideration, to the State Historical Soci- compensation under this section shall re- our economic security as well. ety of North Dakota (in this section referred ceive payment of compensation under this The amendment is based on our legis- to as the ‘‘Historical Society’’) all right, section in lieu of the covered uranium em- lation, the ‘‘Small Business Procure- title, and interest of the United States in ployee as follows: ment Competition Act of 2001,’’ and be- ‘‘(A) If such living survivors of the covered and to parcels of real property, together with any improvements thereon, of the Minute- gins with one simple premise that has uranium employee include a spouse and one been proven time and again, when it or more children— man III ICBM facilities of the former 321st ‘‘(i) the spouse shall receive one-half of the Missile Group at Grand Forks Air Force comes to large Federal contracts, amount of compensation provided for the Base, North Dakota, as follows: small businesses are at a competitive covered uranium employee under this sec- (A) The parcel consisting of the launch fa- disadvantage because of the amounts of tion; and cility designated ‘‘November–33’’. money involved and the large geo- ‘‘(ii) each child shall receive an equal share (B) The parcel consisting of the missile graphic areas these contracts may of the remaining one-half of the amount of alert facility and launch control center des- serve. The practice known as contract the compensation provided for the covered ignated ‘‘Oscar-O’’. (2) The purpose of the conveyance of the fa- bundling, whereby separate procure- uranium employee under this section. ment contracts are combined into one ‘‘(B) If such living survivors of the covered cilities is to provide for the establishment of uranium employee include a spouse or one or an historical site allowing for the preserva- contract, has resulted in small busi- more children, but not both a spouse and one tion, protection, and interpretation of the fa- nesses that do business with the Fed- or more children— cilities. eral Government being placed at an ‘‘(i) the spouse shall receive the amount of (b) CONSULTATION.—The Secretary shall even greater disadvantage. Unfortu- compensation provided for the covered ura- consult with the Secretary of State and the nately, procurement streamlining has nium employee under this section; or Secretary of Defense in order to ensure that resulted in the practice of contract the conveyances required by subsection (a) ‘‘(ii) each child shall receive an equal share bundling becoming more and more of the amount of the compensation provided are carried out in accordance with applicable treaties. common. for the covered uranium employee under this In fact, for Fiscal Year 2000, the Fed- section. (c) HISTORIC SITE.—The Secretary may, in ‘‘(C) If such living survivors of the covered cooperation with the Historical Society, eral Government failed to meet its goal uranium employee do not include a spouse or enter into one or more cooperative agree- of 23 percent of Federal prime con- any children, but do include one or both par- ments with appropriate public or private en- tracts being awarded to small busi- ents, one or more grandparents, one or more tities or individuals in order to provide for nesses. Many experts blame the inabil- grandchildren, or any combination of such the establishment and maintenance of the ity of small businesses to compete on individuals, each such individual shall re- historic site referred to in subsection (a)(2). large bundled contracts as a key factor ceive an equal share of the amount of the AMENDMENT NO. 1694 in this decline. For example, the Small compensation provided for the covered ura- Mr. BOND. Mr. President, I commend Business Administration’s Office of Ad- nium employee under this section. ‘‘(2) For purposes of this subsection, the Chairman KERRY for his proposal to vocacy believes that for every $100 term ‘child’, in the case of a covered ura- improve access for small business to awarded on a bundled contract, there nium employee, means any child of the cov- participate in joint ventures. In the was a decrease of $33 to small busi- ered employee, including a natural child, 1997 Small Business Reauthorization nesses. adopted child, or step-child who lived with Act, we adopted provisions to allow The Small Business Procurement the covered employee in a parent-child rela- small businesses to join together to Competition Act that has been in- tionship.’’. In section 3151(g)(1) in the matter pre- compete for bundled contracts that cluded in this bill will address this de- ceding subparagraph (A), insert ‘‘, with the otherwise would be too large for them cline in two ways. First, it draws on an cooperation of the Department of Energy to perform. However, current law re- existing principle known as ‘‘joint ven- and the Department of Labor,’’ after ‘‘shall’’. quires the lead contractor to perform tures’’ and expands the ability of small

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9839 businesses to form them. Second, it I would also like to thank Senator cent of the small business concern’s raises the percentage of contracts that BOND for his work on another amend- stock. Because ownership can change a small business can subcontract to ment to the National Defense Author- at any moment, the language would other small businesses. ization Act, which I am a cosponsor of, provide that this must be true at the Joint ventures, whereby small busi- to make some changes to the procure- time of application and at such other nesses can team together to bid on a ment provisions pertaining to small subsequent times as the SBA Adminis- bundled contract, even if the combined business in this legislation. I believe it trator prescribes. entity is too large to be considered a is an important amendment and I am One of the principal hurdles faced by small business, is not a new concept. In pleased we were able to get it included small business is lack of access to cap- fact, the Clinton Administration began in the bill. ital. It makes no sense to exclude small to remove some of the obstacles to the Once again, I would like to thank businesses that have overcome this ob- formation of joint ventures. Our Senator BOND for joining me in this ef- stacle and gained access to the securi- amendment takes this initiative, ce- fort, as well as Senator LEVIN and Sen- ties markets. This language would ments it into law, and makes several ator WARNER for their assistance and allow a publicly traded firm to rely improvements to help and encourage their courtesy. reasonably on the disclosures they the formation of joint ventures. AMENDMENT NO. 1695 have received, so that they can partici- Many small businesses have said that Mr. BOND. Mr. President, I appre- pate in the HUBZone program. This they like the idea of being able to team ciate the opportunity to work with will help stimulate new investment in with other small businesses to compete Chairman KERRY of the Small Business our nation’s most blighted inner cities, on bundled contracts, but they often Committee to improve certain provi- rural counties and Indian reservations, don’t know where to begin. Worse, sions of the Small Business Act relat- the areas targeted by the HUBZone many small businesses have said that, ing to Federal procurement policy. Act. despite U.S. law, many contracts that These provisions will enable us to do a should be considered bundled contracts better job of tracking the small busi- AMENDMENT NO. 1698 are not, which has limited their ability ness impact of contract bundling with- Mr. BYRD. Mr. President, I rise to to form joint ventures. out imposing burdensome new report- offer an amendment to address the se- To combat these deficiencies, our ing requirements on the Defense De- rious accounting and financial manage- amendment allows for the formation of partment. The amendment will also ment problems in the Department of a small business-only joint venture to help a new class of firm participate in Defense. These problems have been ex- bid on any contract over the amount of our HUBZone program to expand con- haustively detailed in reports by the $5 million, regardless of whether or not tracting opportunities to small busi- General Accounting Office, the Depart- the contract is bundled. To combat the nesses that locate in and hire from the ment of Defense Inspector General’s Of- knowledge gap on this issue, our legis- nation’s most chronically distressed fice, and numerous independent reports lation requires that the Small Business communities. on the Pentagon’s books. Administration, SBA, set up a database The amendment revises current bur- The problems with the Department of of companies that are actively seeking densome reporting requirements of the Defense’s books is not a new one. In to form joint ventures. The legislation Small Business Act with respect to 1990, Congress passed the Chief Finan- also sets up a pilot program requiring contract bundling, and eliminates cor- cial Officers Act, which required the the SBA to conduct outreach and edu- responding provisions—which would departments and agencies of the Fed- cation efforts to small businesses that now be moot—of the Defense Author- eral Government to prepare annual au- want to form joint ventures. ization that seek to guard DoD against dited financial statements. Eleven Joint ventures are not the only those burdensome requirements. A new years later, the Pentagon has yet to means to help small businesses com- report requirement would be imposed prepare a single financial statement pete for bundled contracts. Our amend- on the SBA Administrator on how to that can pass an audit. In fact, the ment also changes the subcontracting improve the market analyses currently books are so poorly kept that the folks requirements for small businesses. required by law, to make them more with the green eye shades can’t even Under current law, a small business systematic and meaningful. DoD would begin to make an informed opinion on must perform at least 51 percent of the not be required to collect new data the Department’s ledgers. As a result, work on a contract to maintain its under the revised provisions, which no one has a clue how much the De- small business eligibility. Under our threatens to be the case under current partment spends or what it owns. provision, a small business can sub- law. contract up to 2/3 of the work to other The amendment also alters the I first brought this issue to the atten- small businesses on bundled contract, HUBZone Act to allow small businesses tion of Secretary Rumsfeld during his provided the prime small business con- to participate if their stock is publicly confirmation hearing before the Armed tractor performs the greatest propor- traded. Currently, the HUBZone law re- Services Committee on January 11, tion of the work. In this way, small quires all HUBZone owners to be U.S. 2001. He said at that time that he would businesses can bid on larger contracts citizens. A company whose stock is take action on financial management, that they do not have the capacity to publicly traded can never meet this re- and he has since completed work on an perform on their own. quirement. The company does not important, comprehensive review of Small businesses are vital to the eco- know the citizenship of all its stock- our military’s bookkeeping. These are nomic growth of the U.S. economy. holders, and even if it did, it might good steps, but sustained interest is Their innovations, the competition change at any moment if someone de- needed to make progress on this issue. they provide and the jobs they create cides to sell or buy shares. Until the problems are straightened are just some of the reasons we must The amendment piggybacks on cur- out, this issue will need the personal ensure the success of our small busi- rent Securities Exchange Act disclo- attention of the Secretary of Defense, nesses. Taken together, these provi- sures to meet the citizenship require- the secretaries of the military services, sions will help small businesses by pro- ment. The law requires people who own and many other high-level managers. viding them with more opportunities 5 percent or more of a company to file The alternative is to have a financial to compete for Federal contracts and disclosure reports, and to file subse- management system that diverts the help maintain the national supply quent amendments if that amount ma- taxpayer’s money from important chain. terially changes. Under the HUBZone budget items, such as training, pro- As the Chairman of the Senate Com- language proposed here, a firm would curement, and our fight against ter- mittee on Small Business and Entre- be deemed to meet the HUBZone citi- rorism, to simply generating more preneurship, I have made it a priority zenship requirement if no non-citizen waste, fraud, and abuse. to ensure small businesses receive their (individual or corporate entity orga- My amendment capitalizes on the fair share of Federal procurement con- nized under the laws of a State or the work done by the Armed Services Com- tracts. This legislation is an important United States) has filed a disclosure in- mittee by strengthening the Senior Fi- step in fulfilling that promise. dicating ownership of more than 10 per- nancial Management Oversight Council

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9840 CONGRESSIONAL RECORD — SENATE September 26, 2001 that is created by this bill. My amend- Senator BYRD questioning with this That’s not it at all. This is no mickey ment creates the Financial Manage- telling point: ‘‘DOD’s own auditors say mouse bean-counter exercise. ment Modernization Executive Com- the department cannot account for $2.3 The goal is to have accurate financial mittee to establish guidelines for im- trillion, I repeat $2.3 trillion, in trans- information in the hands of those re- provement of the computer systems actions in one year alone.’’ sponsible for making decisions. A that generate unreliable financial data, I believe that Senator BYRD’s ques- ‘‘clean’’ opinion tells us that they will and makes the Executive Committee tion had a profound effect on Mr. have it when they need it. A ‘‘clean’’ accountable directly to the Secretary Rumsfeld. I think they sent shock opinion will tell us that they are in a of Defense, the Deputy Secretary, and waves through the whole department. position to make informed decisions the secretaries of the military services. Since that time, Senator BYRD’s staff about what needs to be done. It directs the Executive Committee to and my staff have been working to- A disclaimer of opinion, by compari- focus investments on improved finan- gether to find a remedy. son, says they don’t have it and can’t cial systems, rather than continuing to Our amendment is a byproduct of make informed decisions. That’s bad, spend money on systems that are hope- that process, and Senator BYRD de- but that’s exactly where DOD is today. lessly outdated. serves most of the credit for advancing Secretary Rumsfeld’s response to In this amendment, I also strengthen this initiative through the committee Senator BYRD’s questions was so en- the reporting requirements to Con- review process. couraging. It was music to my ears. Secretary Rumsfeld’s response tells gress. The Armed Services Committee It is a great honor and privilege for me that he understands the problem and the Appropriations Committee the Senator from Iowa to work with completely, and he wants to solve it. needs to know how long it will take to someone of Senator BYRD’s stature. He knows he has to solve it, if he is to Senator BYRD is a highly respected implement financial reform, and how be a successful and effective secretary. much it will cost. We also need to leader in this body and throughout our Secretary Rumsfeld made a personal know if the Department is making government. And when he tells the commitment to me to clean up the de- progress in reform, or if it is falling be- Pentagon, or any other agency for that partment’s books. hind. The reporting requirements in matter, to shape up and fly right, they His Chief Financial Officer, Mr. Dov this amendment will allow Congress to pay attention. They do what he asks. Zakheim, has made a personal commit- exercise better oversight of the Depart- As many of my colleagues know, I ment to me to fix the books. ment’s financial management reforms, have been wrestling with this problem And Mr. Zakheim’s senior deputies, and they are an integral part of this for a number of years. And quite frank- like Mr. Larry Lanzillotta, have made amendment. ly, I have not had a whole lot of suc- a personal commitment to me to fix I thank my colleague, Senator cess in getting the job done. the books. GRASSLEY, for working with me on this With Senator BYRD’s leadership, I am So, I now see a willingness in the important issue. He has long been an now confident of success. With his lead- Pentagon to get a handle on this prob- advocate of improving accounting and ership, I believe that meaningful re- lem. That’s half the battle right there, business practices in the Pentagon, and form is possible. the will to get the job done. his knowledge and experience in finan- And my confidence is further rein- To my knowledge, that attitude cial management issues contributed forced by the attitude of the new lead- never existed at the Pentagon in the greatly to the text of this amendment. ership across the river over in the Pen- past. I look forward to working with him in tagon. In the past, I fought endlessly with the future to see that the Department My gut sense is that Mr. Rumsfeld Mr. Hamre and his predecessors. They effectively implements the needed re- was truly shocked by Senator BYRD’s denied the problem even existed. Clear- forms. assessment. ly, we have moved way beyond that I ask my colleagues to support this As a former chief executive officer in stage. important amendment. a large corporation, Mr. Rumsfeld Mr. Rumsfeld and his team under- Mr. GRASSLEY. Mr. President, I knows and understands the importance stand the problem and want to fix it. If come to the floor today to cosponsor of having accurate financial informa- the will is there, as I think it is, I an amendment with the very distin- tion at his fingertips. It’s absolutely think we can succeed this time. guished gentleman from West Virginia, essential for making informed deci- I would like to assure my colleagues Senator BYRD. sions. It is essential for success. that this is not an attempt to legislate Senator BYRD has crafted a very im- He understands that the financial a solution. So long as the Secretary is portant and thoughtful piece of legisla- statement audits are a valuable diag- committed to reform, a legislative so- tion designed to help the new Sec- nostic tool. They allow us to examine lution is unnecessary. retary of Defense bring some financial the patient’s vital signs. It’s kind of I see our amendment more as a de- management reform to the Pentagon. like doing a cat-scan on the govern- vice to help the Secretary get the job This legislation is the end result of a ment bookkeeping operation. If the done. Our only objective is to help the de- series of questions Senator BYRD raised books are in order and the numbers add partment acquire the tools it needs to at a hearing before the Armed Services up, it’s so easy to roll them all up into put accurate, up-to-date financial in- Committee on January 11th. This was a top-line financial statement that can formation at the secretary’s fingertips. the hearing on the nomination of Mr. stand up to scrutiny by auditors. First, our amendment establishes a Rumsfeld to be the next Secretary of Mr. Rumsfeld grasped the magnitude Senior Financial Management Mod- Defense. of the problem immediately. He knows ernization Executive Committee. Senator BYRD’s questions pertained that the Secretary of Defense cannot This group will supervise the acquisi- to the Pentagon’s continuing inability possibly make good decisions with tion of highly integrated accounting to earn a passing grade, or ‘‘clean’’ lousy information. systems and computer technology. audit opinion, on its annual financial Having accurate, up-to-date financial These systems will be designed to statements. information at his fingertips is manda- produce reliable financial statements. Under the Chief Financial Officers or tory—especially today when we appear Those capabilities simply do not exist CFO Act, the Pentagon must prepare to be on the brink of war. today. financial statements each year. These The demand for financial resources is This group will report directly to are supposed to be an accurate reflec- starting to escalate rapidly. If DOD Secretary Rumsfeld. tion of all the department’s assets and does not know what it has in the inven- Second, the amendment provides liabilities. The financial statements tory today and how much it is spending some much needed relief. Right now, are then subjected to an independent from one day to the next, then how the Inspector General is pouring audit audit by either the General Accounting could it possibly know what it needs? resources down a rat hole. It makes no Office or the Inspector General. I want to be certain that my col- sense whatsoever to audit financial Senator BYRD’s questions pertained leagues understand the goal of the CFO statements that are notoriously unreli- to the department’s poor performance Act. The key to this process is not able. It’s a total waste. That practice on the latest audit. passing some audit with flying colors. will be suspended temporarily.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9841 Third, while some audits are sus- lines of communications opened and ization Act has been approved. As you pended, the Secretary must provide an policies modified to achieve greater re- all know, space issues have long been a estimate of when reliable financial sponsibility and accountability. Sen- keen interest of mine, even long before statements will be available for audit. ator SMITH and I agree, and believe I served as the Strategic Forces Sub- Fourth, the department is put on no- that space assets will be critical in the committee Chairman. My interest is tice that it has four years to get the coming conflict with the forces of ter- not derived from my New Hampshire new systems up and running. rorism. That is why we are introducing industry constituents, because there is Mr. President, every member of this this amendment. very little space business in my State. body understands that the elimination The Department is making some of Rather, my interest in space is derived of the terrorist threat to this country these changes today. However, we be- from my firm belief that whoever con- is the top defense priority for the fore- lieve Congress should show its support trols space will win the next war. More seeable future. We understand and ac- to our military men and women by pro- and more our deployed forces are rely- cept that . viding the Secretary with authority to ing on the ‘‘reach’’ that space commu- Countering this terrible threat must realign his Department to make it nications provide and the ‘‘high take priority over everything else. more effective. ground’’ that space surveillance af- At the same time, I hope that efforts This legislation will provide the Sec- fords. Space is absolutely critical to fu- to ferret out fraud, waste, abuse and retary of Defense with the tools he ture war fighting! That is why I feel mismanagement are not left behind in needs for more effective management proper management and operations of a cloud of dust. They have a place, even and organization of space program and our space assets is absolutely critical. I in the current environment. activities. Specifically the legislation look forward to working with Senator It will be up to Secretary Rumsfeld will: REED as the Chairman of the Strategic to decide how and where reform fits Provide discretionary authority for Forces Subcommittee to further the into the new priorities. the Secretary of Defense to establish role of space in our strategic planning. We have been repeatedly told that an Under Secretary of Defense for This amendment is intended to cap- the coming campaign against terrorism Space, Intelligence and Information. italize on the expertise the Space Com- will be long and difficult. If it is long Right now, the Secretary does not have mission brought together, the Nation’s greatest national security space ex- and difficult as predicted, then we will this authority. While he has decided for perts from the military and civilian need to be certain that we don’t waste the moment not to adopt this Commis- world. Ironically, military space oper- precious resources. Waste and mis- sion recommendation, the amendment ations are not usually run by senior of- management could get in the way of would provide him the authority to do our efforts to win the war against ter- ficers with any space experience. Sure- so if he so chooses; ly this lack of experience has some im- rorism. It would establish the Air Force as pact on their ability to leverage, to the AMENDMENT NO. 1703 the Executive Agent for DOD space maximum extent, the very complex Mr. ALLARD. Mr. President, I am programs for DOD functions designated high-technology military space assets pleased to be introducing with Senator by the Secretary of Defense; under their command. In researching BOB SMITH an amendment to improve It would assign the Under Secretary this issue, I found that the reason the organization and management of of the Air Force as the Director of the many of these officers don’t have space the Department of Defense with re- NRO and directs the Under Secretary experience is that they are required to spect to space programs and activities. of the Air Force to coordinate the be pilots in the ‘‘dual-hatted’’ relation- This amendment is more important space activities of DOD and the NRO; ship that U.S. Space Command has than ever. We are about to engage in It would establish a budget mecha- with the North American Aerospace an extraordinary struggle against the nism to provide a better understanding Defense Command, NORAD. Because of forces of terrorism. This will be a far- of the resources we dedicate to space the complexity of training to fly air- flung and difficult fight. Good intel- programs; craft and maintain satellites, you rare- ligence will be at a premium and our It would direct the Under Secretary ly find officers with experience in both space assets play a key role in achiev- of the Air Force to establish a space to staff appropriately U.S. Space Com- ing that. career field to promote the growth of mand, with space experts, and simulta- We must do whatever we can to be specialists in space programs, doctrine, neously meet the NORAD requirement sure that all our military assets are and operations. A budget mechanism for pilots. I think this current situa- managed as efficiently and effectively and space career field will both help tion impacts our ability to leverage as possible. This amendment, which is provide the needed focus on space and our space assets, precludes our best based on the recommendations of the space activities; space officers from holding the highest Commission to Assess United States And finally, the amendment would positions, and perpetuates a culture in National Security Space Management provide for joint service management the Air Force that SPACE is secondary and Organization, (also known as the of space programs to the maximum ex- to AIR, despite the rhetoric to the con- Space Commission), is intended to do tent practicable, to assure that the trary. This amendment is not intended just that for our space assets. Army, Navy, and Marine Corps stay ac- to be an affront to the current or past The Commission looked at current tively involved in space programs. Commanders of the U.S. Space Com- DOD organization and management as This amendment will provide DOD mand or the officers who have served it pertains to the development and im- the authority and flexibility to move honorably under them. Rather, this plementation of national-level guid- faster and more efficiently in its reor- amendment is intended to acknowledge ance, establishing requirements, ac- ganization and help provide the focus that we have a defense space manage- quiring and operating systems, and and attention that space programs and ment issue and to seize the opportunity planning, programming and budgeting activities deserve. This is imperative to correct it. Space is growing in im- for national security space capabili- in this dangerous world, in which our portance as shown in the Gulf War, the ties. The Commission found that the forces need the best technology, train- Balkans and as will be demonstrated in United States is dependent on space, ing, and support. the upcoming war against terrorism. It creating vulnerabilities and demands I want to thank my colleague for will be critical to winning the next on our space systems requiring space joining with me in this effort to pro- war, and we need to establish the best to be recognized as a top national secu- vide the Department the tools it needs space management and operations sys- rity priority. The Commission also to make space a top national security tem that this Nation can bring to bear. concluded that these new priority. We welcome all Senators to AMENDMENT NO. 1705 vulnerabilities and demands are not join us in support of this important Mr. FEINGOLD. Mr. President, I adequately addressed by the current legislation. have two amendments regarding the V– management structure at the Depart- Mr. SMITH of New Hampshire. Mr. 22 Osprey program. I understand that ment. The Commission found that a President, I am glad that the Space these amendments have been accepted, number of space activities should be Management Organization Amendment and I thank the managers, the Chair- merged, chains of command adjusted, to this year’s National Defense Author- man and the Ranking Member of the

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9842 CONGRESSIONAL RECORD — SENATE September 26, 2001 Armed Services Committee, for their ‘‘vortex ring state’’ phenomenon that (IMPACT). The IMPACT program will cooperation on these important amend- caused the April 2000 crash that killed cover light/medium military payloads ments. 19 Marines. The Navy commissioned up to 5 tons, including applications The Osprey program has a troubled the National Aeronautics and Space with an open or closed bed configura- history and an uncertain future. Seri- Administration, NASA, to conduct a tion. ous allegations and serious questions study of the tilt-rotor aeromechanics, Kentucky is a large commercial pro- continue to cloud this program. Thirty including the vortex ring state and ducer and Army Base user of such vehi- Marines have died in Osprey crashes autorotation. The Department also will cles, and through the University of since 1991. Many questions regarding be required to include in its report to Louisville’s involvement in this effort, the accuracy of maintenance records Congress an assessment of NASA’s rec- plays an important research role in and the safety and viability of this air- ommendations on tilt-rotor their design and testing. The military craft remain unanswered. We should aeromechanics. will realize significant procurement proceed with caution, and we should My second amendment would require and O&M cost savings as a result. have all the facts on this program. the Department of Defense to provide Mr. LIEBERMAN. Mr. President, it is I share the Armed Services Commit- notification to Congress thirty days be- with great regret that I am come to tee’s concern about ‘‘how the Marine fore the resumption of V–22 test flights the floor today to discuss Senator Corps and the Air Force are going to of all waivers of any item, capability, INHOFE’S amendment to this legisla- meet the requirements established for or other requirement specified in the tion. We are a nation poised for battle the V–22 program,’’ and I commend the Joint Operational Requirements Docu- against a shadowy enemy that has as Committee for including language in ment, JORD, for the V–22, including its aim the destruction of America and the underlying bill that directs the De- the justification for such waivers. all that we stand for. Our President has partment of Defense to conduct a re- As has been noted in reports includ- prepared us for a sustained military view of potential alternatives to this ing the final report of the Panel to Re- campaign. At this time, there can be troubled aircraft. view the V–22, the November 2000 re- no higher priority than to pass this One of my amendments will require port of the Director of Operational critically important legislation to sup- the Defense Department to submit a Testing and Evaluation, and the Armed port our armed services and the men report to Congress regarding the status Services Committee report accom- and women who we will send into this of the Osprey program. This report will panying this bill, there are a number of battle to defend our freedom. Let us be submitted to the Congress no later concerns regarding the items that were join together as Americans to provide than 30 days before a decision to re- waived during operational testing of our military with the funds they need, sume test flights of the Osprey. The re- the V–22. These include: the aircraft unencumbered by the distractions of port will include a description of how flight envelope and clearance for air debates better argued on another day. the Department is implementing or combat maneuvering; defensive weap- Senator INHOFE is right to be con- plans to implement the recommenda- ons systems; flight testing in bad cerned about our national energy pol- tions of the Panel to Review the V–22 weather conditions such as icing; nu- icy. I think all of us in this Chamber Program. This Panel, which was clear, chemical, and biological weapons share with the American people a sense formed by former Secretary of Defense pressure protection; and the cargo han- of concern that we lack a comprehen- William Cohen following the December dling system. The November 2000 re- sive national energy plan for the fu- 2000 Osprey crash that killed four Ma- port of the Director of Operational ture; one that combines the promises rines, has recommended that the pro- Testing and Evaluation states that of new technologies and conservation gram be restructured and enter a new ‘‘several of these waived capabilities with the important contribution of tra- ‘‘Development Maturity Phase’’ during impact the operational effectiveness ditional fossil fuels in a responsible, ef- which the Panel’s design and testing and suitability of the MV–22.’’ ficient and clean manner. recommendations would be imple- My amendment will help to provide But the time to debate the merits of mented. Congress with a more complete picture the energy policy proposed by the In addition, the Department will be of the V–22 testing program by requir- White House and passed by our col- required to provide a full analysis of ing the Department of Defense to pro- leagues in the House is not today, and the deficiencies in the V–22’s hydraulic vide a notification of all waivers and certainly not as an amendment to the system components and flight control the justification for these waivers prior defense authorization bill. We are talk- software and the steps that have been to a resumption of V–22 test flights. ing about a debate of a 500-page, $40 bil- taken to correct these deficiencies. Again, I thank the Chairman and the lion energy package. The Joint Tax There are many questions about spe- Ranking Member for accepting these Committee has estimated that it will cific components of this experimental amendments. give $33.5 billion in tax breaks to indus- tilt-rotor aircraft, including the hy- Mr. BUNNING. Mr. President, the try over the next ten years. We cannot draulic system and the flight control Armed Services Committee approved afford to be that fiscally irresponsible software. Extensive problems with the an authorization increase of $10 million as we take on the new challenges of our Osprey’s hydraulic system components over the budget request for Combat Ve- war on terrorism. is one of the principal concerns that hicle and Automotive Advanced Tech- More controversially, Senator has been cited in numerous reports, in- nology ‘‘to support the goals of Army INHOFE’S amendment would open the cluding the report of the Panel to Re- transformation’’. The report states Arctic National Wildlife Refuge for oil view the V–22 Program; the report of that ‘‘of this amount, $5 million would production. In the view of many, my- the Judge Advocate General Manual in- be used for research into lightweight self included, opening the refuge is not vestigation into the December 2000 Os- steels, vehicle weight and cost reduc- just bad environmental policy, it is bad prey crash; reports by the General Ac- tion, corrosion control, and vehicle ar- energy policy and would do little to re- counting Office and the Defense chitecture optimization. The com- duce our dependence on foreign oil. Science Board; and the November 2000 mittee notes that novel light truck ar- Most importantly, the refuge would report of the Director of Operational chitectures combined with advanced not provide a drop of oil for at least a Testing and Evaluation. Further, the structural materials could reduce vehi- decade. This 10-year figure is a conserv- Panel recommended that no further cle weight without degrading perform- ative estimate that was made by the test flights of the Osprey take place ance or increasing costs, and could sup- Department of Interior under President until the flight control software has port the Army’s transformation into a Bush’s father. Hopefully, our current been redesigned. The hydraulic system lighter, more lethal, survivable and crisis will have passed ten years from and the flight control software have tactically mobile force.’’ now. been blamed for the December 2000 This increase refers to the research Debating the merits of these, and crash. effort, competitively selected by the other, provisions will take time. There In addition, there are a number of Army in fiscal year 1999, titled ‘‘Im- will be deep divisions and much dis- concerns regarding the aeromechanics proved Materials and Powertrain Ar- agreement. As Senator MURKOWSKI said of the Osprey, including the so-called chitectures for 21th Century Trucks’’ just last week, consideration of energy

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9843 legislation on the defense bill is ‘‘inap- and to urge my colleagues to speed pas- We can achieve greater and more im- propriate. [T]here is a place for the sage of the Department of Defense Au- mediate energy security by increasing consideration of domestic energy de- thorization bill. our energy efficiency. According to one velopment.... That belongs in the en- A sound energy policy is critical to scientist who testified before the Sen- ergy bill where it should be debated by our Nation’s security. The United ate Government Affairs Committee all individual members.’’ States is currently 56 percent depend- last year, the United States could cut The security of our energy supply is ent on foreign oil. By 2020, this number reliance on foreign oil by more than 50 an essential question as we enter this could rise to 70 percent. At that time, percent by increasing energy efficiency phase in our history, and we will have over 64 percent of the world’s oil ex- by 2.2 percent per year. This is a much that debate. But this is not the time ports will come from Persian Gulf na- greater benefit than the few percent nor place. We have just lost nearly tions. I shudder to think what could improvement that drilling in ANWR seven thousand of our citizens to ter- happen if we allow ourselves to not would provide, and the benefits could rible attacks, and the Senate must put only become so dependent on foreign start almost immediately—not in 10 its differences aside. Now is the time oil, but also for our nation to become years. I note that the United States for unity of purpose. Let us leave this so dependent on such an unstable part has a tremendous record of increasing debate for another day and focus with of the world. energy efficiency when we put our moon-shot intensity on the task at Senator CHUCK SCHUMER and I have minds to it: following the 1979 OPEC hand: supporting our armed forces. We spent a great deal of time developing a energy shock, the United States in- cannot afford the distraction that this balanced, bipartisan energy plan which creased its energy efficiency by 3.2 per- amendment would create. both increases supply and decreases de- cent per year for several years. With Mr. CLELAND. Mr. President, as mand. Our plan would increase Amer- today’s improvements in technology, Chair of the Senate Armed Services ican self reliance by reducing the need 2.2 percent is easily attainable. Personnel Subcommittee, I am very for energy imports. Our plan would In addition, Senators FEINSTEIN, pleased to have joined with Senator also benefit consumers by reducing en- SNOWE, SCHUMER and I introduced leg- islation earlier this year that would TIM HUTCHINSON to introduce an impor- ergy prices. We have a lot of good tant change to the current method for ideas, and, at the right time and on the save consumers a million barrels of oil hiring Department of Defense physi- right vehicle, we would like the oppor- per day and billions of dollars by in- cians, pharmacists, nurses, and other tunity to have them considered by the creasing CAFE standards for SUVs. health care professionals. Senate. That legislation would do far more to Like the private sector, the Depart- However, now is not the right time increase our energy security than ment of Defense has been beginning to and the Defense Authorization bill is would drilling in the Arctic. We should also do more to promote experience difficulties in recruiting not the right vehicle. Our first prior- alternative fuels. According to an anal- certain health care professionals. At ities must be to provide assistance to ysis prepared by the Department of En- both the June 14, 2001, Senate Vet- victims, to prevent future attacks, and ergy, if only 10 percent of the gasoline erans’ Affairs Committee hearing on to punish those responsible for the hor- in American cars were replaced with the looming nursing shortage and the rible acts of terror that occurred on alternative fuels, the price of oil would June 27, 2001, Governmental Affairs September 11. A sound energy policy is fall by $3 per barrel and Americans Subcommittee hearing on the Federal critically important to the long-term would save over $20 billion a year, in Government’s role in retaining nurses viability of our national defense, as addition to greatly improving our en- for delivery of federally funded health well as to virtually every segment of ergy security. care services, I emphasized an alarm- society. We cannot, however, respond The chair and ranking members of ing statistic that the Federal health to terrorist attacks by rushing through the Energy Committee, Senators sector, employing approximately 45,000 a controversial energy bill that will af- BINGAMAN and MURKOWSKI, have put a nurses, may be the hardest hit in the fect the course of domestic policy in tremendous amount of effort into de- near future with an estimated 47 per- the United States for decades to come. veloping comprehensive energy pro- cent of its nursing workforce eligible Indeed, California has shown us what posals. Each of their proposals contain for retirement by the year 2004. can happen when poor energy policies many, many excellent provisions. I The need for military health care are hastily adopted. Californians will would like to thank them and all mem- workers will be further intensified with suffer from excessive energy prices for bers of the energy committee for their the increased need for action by our years upon years as a result of a poorly hard work. However, I must emphasize national security forces in light of last conceived energy plan. We should not that their work is too important, and week’s terrorist attacks on America. risk similarly burdening all Americans the implications for the entire Nation Currently, the Office of Personnel Man- by hastily attaching energy legislation too significant, to be hurriedly at- agement, OPM, must process all appli- to a defense bill. tached to another bill without ade- cations and the response times range Issues of timing and appropriateness quate time for debate. from 115 to 161 days. This protracted aside, some of the energy proposals We need to adopt balanced legisla- processing time contributes to the that have been heralded as necessary in tion to increase our energy security, shortage of needed staff and sometimes the wake of the terrorist attacks of but we need to do so in a rational man- losing a qualified applicant. The De- September 11 are in fact poor energy ner. Energy security is too important partment of Veterans Affairs, VA, al- policy and poor environmental policy. I not to be addressed on its own merits ready has this authority and has re- find particularly disingenuous the ar- by the full Senate. Furthermore, our ported an advantage over other Federal gument that we need to make an im- defense needs are too important not to agencies and a more equal playing field mediate decision on opening the coast- allow the Defense Authorization bill to with the highly competitive private al plain of the Arctic National Wildlife go forward. Senators LEVIN and WAR- sector in recruiting needed health care Refuge to oil drilling. NER have worked extremely hard on staff. Drilling in ANWR will not provide that bill, and have put together a bill I urge my colleagues to support our any oil in time to help fuel our forces that is critical for the defense of our amendment to the Defense Authoriza- fighting the scourge of terrorism. If we Nation. I implore all of my colleagues, tion bill to give the DoD this needed were to open ANWR to oil drilling please, for the good of America, speed change in their regulations for hiring today, it would still take up to 10 years passage of the Defense Authorization the health care staff needed to care for for the oil to make it to market. Fur- bill. our servicemen, women and families. thermore, according to a report by the Mr. BINGAMAN. Mr. President, I rise Now, more than ever we need to give US Geological Survey, there is only in support of an amendment to S. 1438, them all the tools they need to fulfill about a 6-month supply of economi- the fiscal year 2002 National Defense their vital mission. cally recoverable oil in ANWR. Clearly, Authorization Act, to provide funds Ms. COLLINS. Mr. President, I rise 6 months of oil 10 years from now won’t badly needed for two vital test support today to discuss the importance of en- do much to help America respond to activities in the Department of De- ergy policy to our national security the terrible tragedies of September 11. fense. The Big Crow program provides

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9844 CONGRESSIONAL RECORD — SENATE September 26, 2001 DoD with highly sophisticated airborne The PRESIDING OFFICER. The for a period of time held up consider- electronic warfare capabilities that en- amendments have been agreed to by ation of this bill, those Senators were able us to test our newest weapon sys- unanimous consent. acting within their rights as Senators tems and technologies in a realistic Mr. WARNER. Madam President, I on matters which are of great concern. battle environment in which electronic am not hearing. I am hopeful that those two issues can warfare is likely to be used. The sys- The PRESIDING OFFICER. The be resolved. tem can also be used operationally if a amendments were agreed to by unani- As our chairman said, Senator requirement suddenly occurs. The De- mous consent. DASCHLE, Senator LOTT, and Senator fense Systems Evaluation, DSE, pro- Mr. WARNER. Fine. REID are around the clock working on gram provides aircraft to replicate If it requires that I now move to re- these issues, together with other Sen- enemy and friendly aircraft in testing consider the vote and to lay that mo- ators. Army air defense programs and tech- tion on the table, I do that. So I am optimistic that we can move nology. Both of these programs provide The PRESIDING OFFICER. That was forward and continue to work on this vital test support assets used by all the part of the unanimous consent agree- bill on Monday and proceed to a resolu- military services. Unfortunately, it is ment. tion and passage in a timely way to typical for programs that provide Mr. WARNER. Fine. show that the Senate of the United cross-service support to be inad- Now, Madam President, first, the States, in joining the House of Rep- equately funded by their parent service chairman and I, together with the two resentatives, is prepared to have a bill organization. This year’s President’s senior appropriators of the Senate and to go to the President shortly, author- budget request did not seek any fund- our counterparts in the House, started izing the very special needs we have at ing for these programs, perhaps relying today at the Pentagon, with the Sec- this time in our history. on the Congress, once again, to provide retary of Defense, his senior staff, and Mr. President, I yield the floor and I the emergency funds needed to keep the designated new Chairman of the thank my chairman. We have been them operating. Joint Chiefs of Staff. working together for at least 23 years. Thus we find ourselves again this The chairman and I open every day We have more work to do. year, seeking the funding needed for expressing our profound gratitude to Mr. LEVIN. Neither of us shows it in these two programs in order for them the men and women of the Armed terms of the youthful visage we to continue to provide vital test sup- Forces and their families, and particu- present. port activities for all of the military larly our concerns are everlasting for Mr. WARNER. Whatever you say. services. The amendment, which Sen- those who suffered loss of life and in- I thank my chairman. And I hope he ator DOMENICI and I offer, will provide jury, and the families associated with has a safe journey wherever he is trav- the minimum necessary funding to en- those victims on September 11. eling on this important observance of able Big Crow and DSE to operate dur- After this meeting, I walked around the religious holiday. ing fiscal year 2002. again to that site where that plane Mr. LEVIN. We not only want to There are other test support pro- committed a terrorist act against the thank our good friend from Virginia for grams in the DoD that suffer the same symbol of the U.S. military strength, those thoughts about the religious hol- circumstance as the two for which I am the Department of Defense. iday—which I am now going to leave seeking funding. They refer to them in I am pleased to report that, in my here to celebrate—but I want to thank the Pentagon as ‘‘the orphans.’’ The judgment, the Secretary is moving for- him for the sensitivity which he has Defense Science Board, DSB, recently ward on a broad range of fronts to ad- shown to that issue and to every other completed a review of operational test- dress all issues that the President, in issue that involves personal lives. He ing and evaluation in the Department his memorable speech, raised before has consistently done that for 23 years. of Defense and published a report con- the Congress. It is part of his makeup. He has very taining a number of significant rec- Expressing for myself, and I think all much worried whether I would be able ommendations about how to improve others, we have tremendous confidence to leave here in time today to get to that process to make it more effective in the men and women of the Armed synagogue. I very much appreciate his and efficient. The DSB recommended Forces in their ability to carry out the consideration. that DoD seek ways to encourage and diverse set of missions, any one of Mr. WARNER. Madam President, I implement joint service testing. which may face them at any time as we thank my colleague for his remarks. Among their recommendations, the address the terrorist acts inflicted on I believe we would be able to say to DSB endorsed budget oversight respon- the country, and to take every step to the Senate, having consulted with the sibility for orphan programs such as prepare that it shall not be repeated. distinguished majority leader and Re- Big Crow and DSE to the Director, I commend our President and, indeed, publican leader, that in due course Operational Test and Evaluation in the the Secretaries of Defense and State, they may come to this Chamber with Office of the Secretary of Defense. Ac- who were here yesterday and briefed al- regard to certain procedural situations tual test and evaluation activities most 90 Senators on a wide range of which would address our return to this would remain the province of the mili- issues. bill on Monday. I do not want to pre- tary services. So the consultation between the ex- judge their final statement, but I am This year’s Defense Authorization ecutive branch and the legislative optimistic they will be forthcoming bill reported out by the Armed Services branch, particularly those of us who and we can reach resolution proce- Committee contains a provision re- have the oversight responsibility, I durally on some of our matters. questing the Secretary of Defense to think is more than adequate and cer- Mr. LEVIN. Talking about optimism, review the DSB report and to submit tainly within the spirit of all the var- as I mentioned to my friend from Vir- recommendations regarding its imple- ious laws, beginning with our Constitu- ginia, I have been optimistic since last mentation with the budget request sub- tion, which says that the Senate and night that we were going to be able to mission for fiscal year 2003. I am hope- the House, as a congress, are a coequal work out the issue which temporarily ful that the Secretary will endorse the branch of the Government. held us up yesterday. That one now DSB findings so that the Department I join with my distinguished chair- seems very resolvable. will finally exercise appropriate over- man in saying how important this bill There is one big problem relative to a sight and support for cross-service test is for the men and women of the Armed matter that is not related to this bill. activities. In the meantime, the Forces. As we sat there at our break- That is the only problem that I see in amendment I am introducing is nec- fast this morning, there were further the way. But our leaders will have essary to keep those essential test ac- announcements on callups and move- more to say about that in a few min- tivities underway. I urge my colleagues ments of these individuals in uniform utes. to support its adoption. and the impact on their families. Mr. WARNER. I yield the floor and Mr. LEVIN. I thank the Chair. It is absolutely imperative we move suggest the absence of a quorum. Mr. WARNER. Madam President, I forward with this bill. On the matters The PRESIDING OFFICER (Mr. DAY- urge the adoption of the amendments. that were addressed last night, which TON). The clerk will call the roll.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9845 The senior assistant bill clerk pro- Some of it is long overdue, and already once but through the Great Depression ceeded to call the roll. I think the Congress can justify acting. and the Second World War, imprisoned Mr. TORRICELLI. Mr. President, I There is no reason to have a 5-year Japanese Americans and some German ask unanimous consent that the order statute of limitations on terrorist ac- and Italian Americans in a hasty effort for the quorum call be rescinded. tivities. The Nation has no statute of at national security which has lived as The PRESIDING OFFICER. Without limitations for treason or for murder. a national shame. objection, it is so ordered. Terrorism is every much as insidious If these great men, pillars of our de- f and the statute of limitations should mocracy, compromised better judg- be lifted. ment in time of national crisis, it MORNING BUSINESS The Government clearly needs to should temper our instincts. Their ac- Mr. TORRICELLI. Mr. President, I have greater powers for dealing with tions should speak volumes about the ask unanimous consent that there be a money laundering. We recognize this need for caution at a time of national period for morning business and that I from our fight against the narcotics challenge. be recognized. trade, and it is true with terrorism. There is another side. There are bet- The PRESIDING OFFICER. Without The laws are antiquated and must be ter instincts among us. The American objection, it is so ordered. The Senator changed. people are speaking of them all across from New Jersey. The electronics telecommunications the Nation. They recognize the need to f revolution has probably necessitated balance security and civil liberties, to change in electronic monitoring as change that which is required to assure AFTER SEPTEMBER 11, 2001 well. victory, but recognizing that victory is Mr. TORRICELLI. I thank the Chair. These things we can justify, but it is measured not only by security but also Mr. President, I want to engage my here where I urge caution because we by our liberties. colleagues and the American people in are in pain, because we are vulnerable, Across the Nation, the American peo- a discussion of the events of September and because we recognize that our se- ple have provided us many measures of 11, 2001. All of us recognize that much curity is in such danger there is a rush their strength as they exercise those of our lives have been touched and to judgment on issues of civil liberties. liberties, engaging in open debate some things have been changed forever. It is here where I draw the line. about how the Nation responds, giving If it is axiomatic to say that about our Everything can be discussed, and the unprecedented levels of donations—$200 country and the communities I rep- Congress should be willing to listen to million to the Red Cross alone. resent and where I live in northern many, but it is the responsibility of They reached out across races and re- New Jersey, it may be as true as any- this Congress, under the architecture ligions to express concern about each where in the Nation. designed by the Founding Fathers, and other and for the safety of Arab Ameri- cans and Muslim Americans. There is not a small town or a city in primarily the duty of this Senate They are reminders of how much the northern New Jersey that has not been where passions cool, better judgment Nation has grown from previous suc- touched or changed. At the time the reigns, civil liberties which are com- final body has been found and the cesses. promised. A Constitution which is I rise in recognition of these national search has concluded, 2,000 to 3,000 peo- changed to deal with the necessities of strengths and these concerns and com- ple in New Jersey may have lost their an emergency is not so easily restored mend in particular Senator LEAHY who lives. It is estimated there are 1,500 or- when the peace is guaranteed and a vic- has extended, on behalf of the Senate, phans in my State. It struck every- tory won. our desire to work with the adminis- where. If this Congress surrenders civil lib- tration to enhance the powers of law In Middletown, NJ, 36 people have erties and rearranges constitutional enforcement and to provide the nec- been lost. It is estimated it could go as rights to deal with these terrorists, essary resources. But I think he speaks high as 70. In Basking Ridge, where JON then their greatest victory will not for many Members of the Senate—he CORZINE and I visited a few days ago, 14 have been won in New York but in certainly speaks for me—when he also people were lost, two more than in all Washington. asks that we act deliberately and pru- of World War II. In a single elementary Any administration can defeat ter- dently. school in Ridgewood, NJ, 6 children rorism by surrendering civil liberties I ask we expand that debate because lost their fathers. and changing the Constitution. Our history will require, and I believe the The loss of lives in Korea or Vietnam goal is to defeat terrorism, remain who American people will demand, that we or World War II took years to accumu- we are, and retain the best about our- not merely review what new powers late. In my State of New Jersey, lives selves while defeating terrorism. It is must be given to law enforcement and were lost in minutes. more difficult, but it is what history the intelligence community, we must We say the Nation will never be the requires us to do. not simply debate what new resources same. We say that life has changed. The history of our Nation is replete financially are required, but there is Those are words. We do not know what with contrary examples, and we need some need for some accounting of those they mean. All we can attest is that it to learn by them. They are instructive. previous powers and resources. is large, it is dramatic, and things will For even the greats of American polit- At a time when we are still seeking be different. Now we fill in the blanks. ical life have given in to the tempta- survivors and counting the dead, no How will it be different and why? tion of our worst instincts to defeat one wants to cast blame. I do not rise The pain is so great and the loss is so our worst enemies and lose the best to cast blame, but I do ask for account- enormous that our instinct is to strike about ourselves. Indeed, the very archi- ability. immediately, overwhelmingly with the tect of our independence, John Adams, I may represent 3,000 families who power in our possession, and, indeed, under the threat of British and French lost fathers and mothers and sisters we will strike, but it must be thought- subversion, supported the Alien and Se- and brothers and children. They de- ful and it must be careful because it dition Acts, compromising the very mand military protection by bringing must be successful. freedom of expression he had helped to our forces abroad. They ask that we Our instinct is, because we under- bring to the American people only a strengthen law enforcement at home. stand there is no liberty without secu- decade before. He lived with the blem- But somebody is going to have to visit rity, that we must immediately en- ish of those acts on his public life until these cities and small towns and an- hance law enforcement with money, the day he died. swer to these families, where are the with people, and with new powers. In- Abraham Lincoln, the Great Emanci- resources we gave in the past? What of deed, many of these new powers are pator, the savior of our Union sus- the enormous intelligence and security justified and must be required. Every- pended the Constitution, its right of and law enforcement apparatus we thing from increasing electronic sur- habeas corpus, imprisoning political have built through these decades? veillance to expanding wiretap author- opponents to save the Union. What happened? ity to giving the CIA greater access to Franklin Delano Roosevelt, who had This is not to assess blame. It is so grand jury materials is being proposed. the honor of saving the Nation not we can only learn how to correct these

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9846 CONGRESSIONAL RECORD — SENATE September 26, 2001 errors and improve these systems if we to authorize foreign military adven- fit to share the extent of that trag- understand the failures. tures to find those responsible, and I edy—not only the residents of their It is reported in the media that the have done that, and the President has communities, but the tremendous bur- United States, in what would otherwise my support. They will not want this den put on these areas to address the be a classified figure, may spend $30 pain to be shared with other Ameri- recovery efforts associated with the re- billion per year on intelligence serv- cans, so they will ask my support fi- ality that nearly a third of the esti- ices, including the CIA and the NSA. nancially and by changing Federal mated number lost were residents of The Washington Post reports the FBI statutes to ensure this never happens the State of New Jersey. counterterrorism spending grew to $423 again, and that will have my support. I extend my sympathies and assure million this year, a figure which in the Some of these children, some of the my colleague of my willingness to as- last 8 years has grown by 300 percent. widows or widowers, are going to ask: sist him and his constituents in this It is not enough to ask for more. It is Senator, how did this happen? All of terrible tragedy. necessary to assess what went wrong. this money and all of these resources. f Did leadership fail? Were the plans in- Why was somebody not watching to de- ENERGY SECURITY adequate? Did we have the wrong peo- fend my family, my country, my child? ple, or were they on the wrong mis- We can postpone that accountability, Mr. MURKOWSKI. Mr. President, I sion? but it has to happen. These terrorist rise today to recognize a reality that Earlier this week, the Washington cells that consumed these lives and our Nation is at war. I think we all Post reported that over the past 2 shooked our Nation to the core and agree that never before have we been so years the Central Intelligence Agency now send us into foreign battle were blatantly or cowardly attacked as a had provided to the FBI the names of not organized last month. This attack consequence of this new form of ter- 100 suspected associates of Osama bin was not planned on the morning of Sep- rorism, commercial airplanes having Laden who were either in or on their tember 11, 2001. Many of those arrested been used as weapons of terrorism. As way to the United States. Yet the or detained for this terrorist attack we propose to prosecute this war, we Washington Post concludes that the were from the same area and may have need to make certain our Nation, our FBI ‘‘was ill equipped and unprepared’’ had the same relationships to the 1993 people, and our economy are prepared to deal with this information. bombing of the World Trade Center in and ready for the battles to come. Some of the allegations reported in I rise today to discuss one part of the media are stunning and deeply New York. What level of surprise could this represent? There needs to be an ex- how America should work to ensure troubling, not simply about what hap- one portion, and that is our energy se- pened but revealing about our inability planation. On behalf of the people of my State, curity. The reality is that America is to deal with the current crisis. Pre- if I need to return to this Chamber dependent today on foreign sources for vious terrorist investigations, it is al- every day of every week of every 57 percent of the oil we consume. Fur- leged, produced boxes of evidentiary ther, we are importing most of this oil material written in Arabic that re- month, this Senate is going to vote for some board of inquiry. I joined my col- from unstable foreign regimes. It is no mained unanalyzed for lack of trans- secret to any Member of this body. I lators. During the 1993 World Trade leagues after the Challenger accident, recognizing that that loss of life, the have stood on the floor many times to Center bombing trial, agents discov- remind my colleagues that we are cur- ered that photos and drawings out- failure of technology and leadership, indicated something was wrong in rently importing a million barrels a lining the plot had been in their posses- day from Iraq, while, at the same time, sion for 3 years, but they had not been NASA. The board of inquiry reformed NASA and the technology and gave it the inconsistency of the manner that analyzed. we are enforcing a no-fly zone; namely, Since 1996, the FBI had evidence that new leadership, and it served the Na- an area blockade, putting the lives of international terrorists were learning tion well. America’s men and women at risk in to fly passenger jets at U.S. flight After Pearl Harbor, we recognized schools, but that does not seem to have something was wrong militarily. We enforcing this no-fly zone. We are fund- obviously raised sufficient concern, and had a board of inquiry. We found those ing Saddam Hussein at the time when there was no apparent action. responsible, we held them accountable, we consider him a great risk and poten- In August, the FBI received notice and we instituted the changes. tially associated with alleged funding from French intelligence that one man Indeed, that formula has served this of terrorists. who had paid cash to use flight simula- Nation for years in numerous crises. After the tragic and horrifying tors in Minnesota was a ‘‘radical Is- Now I call for it again. First, review events of September 11, it is patently lamic extremist’’ with ties to Afghani the circumstances surrounding this obvious that we must now prepare for terrorist training camps. Regrettably, tragedy, the people responsible, the re- war, and it is equally obvious that the this intelligence information was ap- sources that were available, where tools of war are driven by one source of parently not seen in the greater con- there was a failure of action, and make energy, and that is oil. The aircraft, text of an actual threat that has now recommendations and assign responsi- the helicopter, the gunships, and the been realized. bility. Second, develop recommenda- destroyers do not run on natural gas. On August 23 of this year, a few tions for changes of law or resources or They do not run on solar or hot air. In weeks before the World Trade Center personnel so it does not happen again. peacetime alone, our military uses was attacked, the CIA alerted the FBI I cannot imagine we will do less. I call more than 300,000 barrels of oil each that two suspected terrorist associates upon us to do more. I will not be satis- day. I remind my colleagues that oil of Bin Laden were in the United States. fied with new assignments of powers or must be refined. I can only imagine The INS confirmed their presence in appropriating more money. I want to how that number will rise in the com- the United States, and the FBI know what went wrong, and why, and ing weeks, the coming months. Hope- launched a search. It was obviously un- who. fully not the coming years. successful. Just as we have moved forward, we It should also be obvious that the It is hard to know where to begin. need to give one glance back over our country cannot depend on unstable re- Life goes on, but not so quickly. Who shoulder and give these families some gimes such as Iraq to meet our energy here will come to New Jersey with me answers. needs without compromising our na- and visit these thousands of families I yield the floor. tional security. I have the greatest re- who pay their taxes and ask little of The PRESIDING OFFICER. The Sen- spect for our friends throughout the their country, maybe nothing of their ator from Alaska. world, especially those in this hemi- Government, other than to keep them Mr. MURKOWSKI. Having had the sphere, especially my friends in Can- secure, protect their liberties, and let opportunity to visit New Jersey last ada. However, it only makes sense for them live their lives? Somebody failed week, I listened intently to the com- America to take steps to put its own the American people. ments of my good friend and must say energy house in order. We need to con- I know my constituents will ask me, I was very moved with the presentation serve our energy, improve our energy as their representative in the Senate, made by the various mayors who saw efficiency, but we also need to produce

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9847 as much energy as we can domestically and still maintain its values in a number of they made a park out of it after they so we can lessen our dependence on for- areas,’’ he said. pretty well exhausted the prospects of eign sources. ‘‘We have a large number of global issues, finding oil and gas, and I am perfectly including global warming, which cannot sim- I come today in response to com- ply be ignored. . . . We have long-term inter- willing to make a park out of ANWR ments by Canada’s Environmental Min- ests as nations and they continue even after we make a significant determina- ister, Mr. David Anderson. I will read though we clearly have a major short-to-me- tion that there was oil and gas to ad- from an article that appeared in Reu- dium-term problem—I’m talking years now— dress the security needs of this coun- ters news service yesterday. I ask on terrorism.’’ try, if that was the will of Congress. unanimous consent it be printed in the Mr. MURKOWSKI. Canada’s Environ- In any event, in the 1970s and 1980s RECORD. mental Minister, Mr. Anderson, this there were 89 wells drilled in this area, There being no objection, the article week urged America not to make hasty including 2 in the exact area that the was ordered to be printed in the and ill-considered decisions to allow oil Nation made into what we call the RECORD, as follows: exploration in a tiny part of the Arctic Ivvavik National Park. That was only CANADA URGES AGAINST HASTY U.S. MOVE ON coastal plain in Alaska just because of after they were dry holes. ARCTIC OIL the attacks on the World Trade Center Canada built—and I want to show (By David Ljunggren) and the Pentagon, which claimed more this on another map—the Dempster OTTAWA.—Canada urged the United States than 6,000 American lives. Highway. This is not a very vivid map. yesterday not to take a ‘‘hasty and ill-con- First, I am a friend of Canada. We are Here again is Alaska, here is Canada, sidered’’ decision to start drilling in an Alas- neighbors. We are separated from the and here is the Dempster Highway, kan wildlife refuge, something which Ottawa contiguous States by Canada. I serve which runs right through the migra- implacably opposes. on the U.S.-Canada Interparliamentary tory route of the Porcupine caribou. So Canada has long objected to U.S. plans to Conference. I have been chairman of you see this highway goes right drill in the Arctic National Wildlife Refuge that committee, and I have there a through the range. They did this to fa- (ANWR), saying it would ruin the calving ground of the Porcupine caribou herd upon number of friends and associates. I cilitate oil-drilling equipment moving which native Gwich’in Indians in both Alas- have the highest regard for our rela- into the region and to provide access, ka and Canada depend. tionship with Canada, which is a very which is certainly reasonable. But Oklahoma Senator James Inhofe is unique relationship, very friendly, and In the past 3 years, Canada has threatening to add language this week to a one based on healthy competition. For moved to markedly expand its own oil multibillion-dollar defense-spending bill to Mr. Anderson to make such a state- and gas development in the migratory allow drilling in ANWR as a way to secure ment, given Canada’s current energy route of the caribou. As a matter of future U.S. oil supplies. policy, is truly the height of hypocrisy. fact, in 1999 and 2000, Canada, accord- ‘‘It’s particularly important at times when Let me address this in a series of ing to a series of articles in the Van- you have a crisis on your hands to make sure you don’t make hasty and ill-considered de- charts. First, Canada has worked to couver Sun newspaper, offered six on- cisions,’’ Canadian Environment Minister tap energy from its own Northwest shore lease areas for oil and gas explo- David Anderson told Reuters. Territories, which, frankly, they have ration in the area. I ask unanimous ‘‘It’s also very important at times like every right to do, and I support. But a consent the articles from the Van- this, when energy security is a major issue, good portion of that activity is going couver Sun be printed in the RECORD. that you consider all factors and not go on within the migratory range of the There being no objection, the articles ahead without the normal analysis and the Porcupine caribou. were ordered to be printed in the thought that would go into such a decision,’’ Let me show the division of Alaska RECORD, as follows: he said in an interview. Canada, which says both countries should and Canada. This map shows the Cana- [From the Vancouver Sun, June 11, 2001] provide permanent protection for the wild- dian activity on the Canadian side of DRILLING FOR OIL ON GWICH’IN LAND life populations that straddle the border, has the Northwest Territories and recogni- (By Stephen Hume) already slapped a development ban on areas tion of significant offshore activities, TSIIGEHTCHIC, N.W.T.—Grace Blake pauses frequented by the Porcupine herd. as well as onshore activities. This is in mid-sentence and looks out the window of ‘‘We still believe (drilling) to be the wrong the general manner in which the Por- the Gwich’in Cultural and Social Institute decision, we do not believe the American se- cupine caribou go across the border. where she’s the acting executive director. curity situation in any way justifies a Dempster Highway goes through this Her gaze swings past the white spire of the change in that position,’’ said Anderson. Roman Catholic Church, past the cemetery’s Canadian Energy Minister Ralph Goodale area. I show this because it gives folks a bit of geography for the area and a white crosses buried in white snowdrifts and last week said there are plenty of other en- slips over the frozen white confluence of the ergy sources in North America that could be description of what we are talking Mackenzie and Arctic Red Rivers reaching developed before ANWR needed to be about. for something beyond what is visible to me. touched. These included the vast tar sands of This is proposed ANWR, and the 1002 Despite a bleached, blinding intensity to Alberta, which are believed to be richer that area, and the effort to address the au- the exterior landscape that seeps into the the entire reserves of Saudi Arabia. thorization by Congress to open 1.5 emotional landscape the two of us occupy, Supporters of opening the refuge say U.S. million acres for exploration. The Ca- the moment seems as still as frosted glass, oil supplies from the Middle East are at risk nadian activity is in a much broader brittle—and it prompts a sudden memory and the Alaska wilderness reserves are need- area. It is, of course, appropriate that from 30 years before. ed to make up any possible shortfall. ‘‘Look for what’s whiter than white,’’ the ‘‘That is in our view a highly questionable Canada makes its own decisions. They old Gwich’in hunter told me then, teaching approach. This should be based on long-term certainly have every right to do it. I me not far from here how to pick-off winter strategic considerations—none of this oil, if point out a good portion of the activity plumaged ptarmigan with the lovely little it were drilled, is going to come on flow for is going on within the migratory range Browning .22 that I still have packed away in a number of years,’’ Anderson told Reuters. of the Porcupine caribou herd and is its case somewhere. He said there was no evidence of a shortfall something our Canadian friends do not ‘‘Find a patch of snow that’s whiter than in supplies from the Middle East and pointed want to acknowledge. This is the same the snow—then look for the black dot. to an almost 15 percent fall in the price of herd that occasionally in the last 2 That’s the eye looking at you. Shoot there, crude oil yesterday as supply fears eased. won’t spoil the meat.’’ Anderson was speaking from the western years was on the Alaskan side. Canada Tsiigehtchic has always been a point of city of Winnipeg, Manitoba, after briefing claims it wants to protect them, and so convergence for the old values, a place where provincial ministers on the international ef- do we. But they suggest it be done by people can still feel profound spiritual con- forts to combat global warming. preventing oil development in the 1002 nections to the land and anguish at the dis- Delegates from around 180 countries failed region. locations of modernity, a place where to be a in July to agree to changes to the 1997 Kyoto Here are the facts associated with hunter is not considered backward, but Protocol on cutting emissions of the green- the Canadian activity. Canada first someone to be respected. house gases blamed for global warming. They drilled 86 wells, exploration wells, in an The reverence shows in the photographs of are due to try again next month in Marra- elders adorning the walls where Grace super- kesh, Morocco, and Anderson said he ex- area finding nothing. This was in the vises the recording of stories and legends and pected that meeting to go ahead. Norman Wells area and they chose to research into the cultural heritage of people ‘‘Our hope is that the civilized world will make a park out of it. I admire and ap- whose ancestors might have been among the be able to deal with the issue of terrorism preciate that. It is a small area and if first peoples to arrive in North America—

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9848 CONGRESSIONAL RECORD — SENATE September 26, 2001 maybe 12,000 years ago, maybe 30,000. The ar- He’s optimistic because of aboriginal in- She’ll talk, she agrees, but she won’t invite chaeology of the Old Crow flats isn’t as pre- volvement, not in spite of it. me in. It’s an act of hospitality. cise as historians might like, but it was a Perhaps there’s a signal here for British ‘‘I was skinning this animal last night,’’ long, long time before this, anyway. Columbia, where land claims settlements are she says. ‘‘Goodness, I’ve got hair all over The first time I was here, I visited sights stalled, uncertainty stunts investment po- everything in there.’’ And she leads the un- where the ancient habitation patterns were tential and Premier Gordon Campbell is con- expected visitor down to the institute of- being uncovered by scholars from the south templating what promises to be a divisive fices, instead, to talk about how things have even as a new way of life swept over the Mac- referendum on the issue, however bland the changed—and not changed—with respect to kenzie delta. I’ve come back here to renew final question. petroleum development. my acquaintance with the place on the eve of Yet in the Northwest Territories, generous Almost 30 years ago, northern aboriginal another petroleum boom, although this time land settlements have had an enormously communities presented an opposition to the the development may be transformed by the positive impact on natives and nonnatives building of pipelines to carry northern oil new North as much as it transforms life for alike, the mayor says. and gas down the Mackenzie Valley that was the people who live here. ‘‘You’ve got land settlements, the aborigi- so eloquent and united in purpose that a More than a quarter of a century ago, when nal groups are in charge and the Inuvialuit commission on the matter headed by Tom Grace was a beautiful young woman with her have basically gone out and joint-ventured Berger called for a 10-year moratorium on eight children still in her future, with everyone. It’s a much different game. It development. Tsiigehtchic represented an oasis of intel- really changes things. It’s not only because With no way of transporting the resource ligent calm in the petroleum boom that they are aboriginal, it’s because they are to markets in the south, further exploration swept over the vast delta of the Mackenzie local. This is their home. The money stays in guttered out just about when world markets River. this economy.’’ entered a period of oil glut. Prices fell. The Over at the Gwich’in Tribal Council, Back then the bush rang with the explo- boom ended. sions of crews shooting seismic surveys. Drill newly-returned executive assistant Lawrence Today, northern aboriginal leaders, includ- Norbert, born 42 years ago in Tsiigehtchic, rigs punched more than 250 wells through the ing the Gwich’in, are receptive rather than says he’s been ‘‘grinning from ear-to-ear permafrost and charted the outline of a Ca- hostile, Grace says. nadian elephant, the nation’s second largest since I got back.’’ ‘‘People are pretty open to development ‘‘It’s much different doing business with reservoir of conventional oil and natural now, but they want control. They don’t want governments and corporations now,’’ he gas—perhaps 1.5 billion barrels of crude and anybody to disturb certain selected lands says. ‘‘It’s like there’s a new sheriff in town that they consider a priority. They want another 10 trillion cubic feet of gas. and they realize that the old way of doing Bush planes and corporate Learjets came business is over for good. That’s the up-side. control, that’s their only stipulation and and went in such numbers that the airport at We all know where we stand now.’’ this time around, people need to listen to us Inuvik, a town freshly cut from the raw, red As he and other aboriginals wait, the new in the communities.’’ banks of the Mackenzie, recorded aircraft drill rigs are ready to rumble north. These Last time, she says, what happened in movements on a scale with Chicago and Dal- units are equipped with special design fea- other northern communities provided a text- las. The town of Old Crow, just across the tures that enable crews to work in the harsh book example for what to avoid this time— border in the northern Yukon, population winter environment—captured engine heat is but she wonders if anybody really took note. 300, inherited an air strip capable of handling recirculated to keep roughnecks’ feet warm ‘‘Do they even know? Do they care about big multi-engine jets. in temperatures cold enough to freeze ex- the potential loss of a way of life for our peo- Up the winter ice highway at posed flesh in minutes, for example. ple? Why haven’t we studied the social im- Tuktoyaktuk, where the inhabitants still The rigs can require 80 or more trucks to pacts on Inuvik, Tuktoyaktuk and Aklavik carry the names of American whalers and move their components and cost up to $50 so we can learn what to avoid? How do we Scottish traders who arrived under sail, the million each to construct. That was the price protect our way of life? We don’t want to town was a frenzy of marine activity. There tag on each of three just built in Edmonton lose our way—that’s all we are saying. We were drilling ships, resupply barges and new by Akita Drilling Ltd. and bound north for are the last people living on the Porcupine islands were even being built out in the next winter’s exploration season. caribou herd. We don’t want to lose that. shallows of the Beaufort Sea so that rigs As with northern Alberta and northeastern ‘‘The Berger Report lays out everything could drill without fear of ice floes. B.C., the financial stakes are mind-boggling. the people want, so we don’t have to reinvent Through the airport lounges came a steady N.W.T. Finance Minister Joe Handley says the wheel. Do it right, that’s what people are stream of oil workers: geologists still it’s estimated that if all reserves in the Arc- saying. Do it, but just do it right—meaning sunburnt from work in the African deserts; tic are fully developed, they will be worth we are the inhabitants of this country and helicopter pilots from Vietnam wearing $400 billion with royalties of $76 billion flow- we deserve to be respected. And not just our long-billed hats and mirrored sunglasses; ing to Canada, another $11 billion to the leaders, the common folk.’’ toolpushes fresh from Indonesia; consultants N.W.T. and billions more to the First Na- That’s a view I’ll hear corroborated by with clipboards, bureaucrats with briefcases tions on whose treaty lands the development Fred Carmichael, chair of the Gwich’in Trib- and seismic crews toting sleeping bags rated will occur. al Council in Inuvik, who says the sea- for 60 below zero. Even more than in northern Alberta, the change in attitudes has a simple basis: the The old hunter, now long dead, had term ‘‘Kuwaitification’’ sidles into conversa- affirmation of aboriginal title through land laughed at the spectacle as he restrung a tions about the future implications. The en- claims and the opportunity to take equity pair of long, wide-bodied snowshoes for his tire population of N.W.T. would leave empty positions in any development. nephew: ‘‘My great-great-granddad met Alex- seats around the end zones if it were to meet In fact, northern aboriginal leaders have ander Mackenzie. He went. These rough- in B.C. Place. And although the North’s ab- hammered out a tentative deal with energy necks, they’ll go. You’ll go. But us, we’re not original population of 21,000 forms the major- companies to acquire as much as one-third gonna go. We’ll be here as long as this ity, in total it’s smaller than Langley’s. ownership of a proposed $3-billion pipeline river.’’ The corollary is that when the new oil rush down the Mackenzie Valley to hook up with And he was right. As abruptly as the oil reaches its zenith, the entire weight of it is North America’s supply grid in Alberta. boomers had come, they left. I left. Busi- likely to descend upon the inhabitants of ‘‘The difference is that back then, we nesses withered. Towns that had seemed Tsiigehtchic. The village has the misfortune weren’t the landlords. Now we are the land- frantic fell into a Rip Van Winkle-like lassi- to sit in an oil patch so rich that crude seeps lords and that’s a big difference. At the time tude and the vastness of the Arctic closed out of the river banks to stain the river. And of the Berger hearings, we wanted a 10-year over another example of human vanity. the first rig into the delta in a decade has al- moratorium while we got ready. We just Now, with an energy-hungry America once ready been drilling a few kilometres away. weren’t ready then. Well, we got our 10 years again eyeing the North as a potential source So this remote village of just over 170, as and now we are ready.’’ for its long-term needs, the delta quivers far north from Vancouver as Mexico is One of those who’s preparing to reap the with an eerie sense of anticipation as some- south—this is where I decide to begin the bonanza is Paul Voudrach, a renewable re- where over the horizon the second coming of Arctic leg of my energy odyssey, talking source officer at Tuktoyaktuk. the oil rush and planning for the pipelines about the looming future with Grace, who is He and his wife Norma are in the process of required to carry the rich resources south old enough to remember the last big boom buying out the nonnative owners of the Tuk gather momentum. and wise enough, after an 11-year term as Inn, a 16-room hotel and coffee shop, so that Inuvik Mayor Peter Clerkson says he ex- chief, to worry about the next one. he can qualify for the preferential bookings pects the number of active rigs in the Mac- I find her on a Saturday morning at the that will come the way of a registered kenzie delta will quadruple next year and back door to her log cabin, the ground fresh- Inuvialuit under agreements hammered out double again in 2003. ly splattered with the bright crimson but al- during land claims. ‘‘This won’t slow down for the next three ready-frozen blood of a caribou from the im- Paul endured the last boom. to four years,’’ he says. ‘‘If the pipeline deci- mense Porcupine Herd that migrates be- ‘‘What came with it was a lot of social sion goes ahead it will project out a long tween here and its calving grounds in the problems,’’ he says. ‘‘We had a huge amount way. That pipeline is very important for Arctic Wildlife Refuge where U.S. President of money coming in and people who didn’t long-term sustained growth. We’ve had George W. Bush wants to begin exploring for know how to handle it. But our leaders are booms before. We need long-term growth.’’ oil. knowledgeable about these things now. They

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9849 felt the impact last time. This time I think firewood, smoothed all the indentations out I thought then about the boom that’s nec- it will be something that will benefit the of the landscape like God’s giant eraser ap- essary to feed the American superpower and community.’’ plied to all sharp edges. her point about its structural disregard for Yet there’s something grim about the at- I wonder to myself where her gaze has the genius of her culture, these amazing peo- mosphere. Norma’s face is tight and nine- gone. ple who learned to survive in the sparse bo- year-old Trish is inside despite the fact that Perhaps over the bluffs and up the river to real forest with not much more than a string the town’s annual jamboree is on. Teetchikgoghan, ‘‘bunch of creeks piled up of animal sinew and their creative imagina- Paul’s son, John, he tells me, was killed in one place,’’ where she was born in the tions. the week before on the ice highway from bush almost half a century ago. This time, will things really be different as Invuik. The 25-year-old was helping his boss Perhaps she is remembering those sum- the politicians and executives promise? at a local transport company bring a new mers as a little girl growing up in the care of Or is there a deeper truth in the cry of pickup truck back from Edmonston when it her grandparents, Louis and Caroline Car- grief from women like Norma Voudrach and collided with one of their own loaded gravel dinal, playing beside the river, a force of na- Grace Blake, already, in their own ways, trucks hauling to one of the oil camps. ture that only someone born to it can fully bearing the quickening burden of change? ‘‘We were just sitting here waiting for him understand, the kind of presence that T.S. ‘‘My son was the first suicide in this com- to come home. We heard that he was strand- Eliot described as a strong, brown god, coiled munity. The first ever. It’s not the people, ed at Eagle Plains (on the Dempster High- for release, never the same from one moment it’s the system that makes us like this,’’ way) waiting for the road to open after a to the next and yet containing everything Grace says. ‘‘When things start to move too storm. then we heard he had been in an acci- changeless and eternal. fast and people don’t feel in control of their dent and had been killed.’’ Grace told me earlier how she’d go back lives, that’s when they turn to drugs and al- It’s a reminder for everyone in the commu- there in her imagination to escape the pain cohol. And suicide is the final act of control, nity, he says, that the kind of boom that’s and loneliness of residential school, where isn’t it? coming will be tempered with things that no- ‘‘every little thing that I knew about myself ‘‘We’re being made to participate in our body expects, good and bad, half a dozen of was just torn right out of me and I used to own destruction. What happened to my son one to six of the other when it comes to ben- pee my pants right where I sat, I was so happens to everyone, can’t you understand efits and problems. frightened.’’ that? When you are destroying us you are de- So she’d go inside herself, back to that ‘‘What just happened to us, it opens your stroying yourselves.’’ camp where she was left to roam the shore eyes. You think there’s going to be a tomor- Outside, a glossy black raven flopped in row but there isn’t. One minute you are here, and hillsides. ‘‘My grandmother raised me as an Indian the snow, pecking at the caribou blood the next you are not. All your plans don’t woman,’’ she’d said. ‘‘The moment I went out turned to ice on her doorstep and I found mean anything. At least people here are a bit into the world, as you call it, I was supposed that my questions for Grace about the com- more aware now that when the oil company to erase all those experiences. It was like my ing oil boom and what benefits it might comes with a job, that job can disappear life wasn’t my own.’’ bring to her community had all dried up. pretty fast.’’ So I ask about the changes that now seem Maria Canton, filling-in as editor at The inevitable, the end of a hunting economy and [From the Vancouver Sun, June 11, 2001] Drum newspaper in Inuvik while she waits to its replacement with market labour and she MASSIVE HERD REMAINS SOUL OF NATIVE take up a new post at the Calgary Herald, is slips away from the conversation, dis- BAND: DEBATE RAGES OVER THE ENVIRON- equally cautious. appearing into some deep introspection. MENTAL COSTS OF DRILLING IN REFUGE ‘‘The streets are lined with shiny new pick- And begins to weep without sound, great, (By Stephen Hume) up trucks that belong to workers from the round, sudden tears rolling down her face. south,’’ she says. ‘‘There are crews driving ‘‘Why I’m crying today is because my eld- OLD CROW, YUKON.—The pilot, the reporter, up and down the street all day long, all night est son committed suicide in January,’’ she even the two biologists sent to do the aerial long. The bars fill up. finally says. count 30 years ago, all fell into that profound ‘‘I guess you’d have to say that when they ‘‘ ‘Mum, I’m just tired,’ he said. ‘I’m just silence that accompanies the total failure of are here it’s good for the economy. They tired of everything. I’m tired of mad, sad words. have lots of money and they don’t mind faces. Nobody speaks respectfully.’ He just What could be said? As far as the eye could spending it. You have to remember that to saw everything so clearly and it blew his see, the tundra below rippled and undulated them this is just a camp. They don’t think of mind. with more than 160,000 caribou. The Porcu- it as home. They don’t seem to grasp that ‘‘He was the father of five little children pine herd on the move covered more than 60 people actually live here all the time and and he didn’t have a steady income. His dad square kilometres, one of the natural won- have no plans to leave. But when the job is taught him how to trap and how to hunt and ders of the world. done, they’re gone and Inuvik is left to clean how to fish. Then he listened when they It may be decades since I watched that up everything that comes after.’’ talked about jobs. He got his heavy equip- herd in awestruck silence but today it is no One who’s determined that this time ment licence and left the bush. But they less crucial to the survival of Gwich’in tribal things will be different is Nellie Cournoyea, only wanted him when they needed him, not culture here in Old Crow, a remote village the tough, former leader of the N.W.T. gov- when he needed work. He couldn’t go back to 770 kilometres north of Whitehorse and 112 ernment who now directs the Inuvialuit Re- the bush and he couldn’t support his fam- kilometres north of the Arctic Circle. gional Development Corporation, the power- ily,’’ she says. ‘‘We don’t have a big bank ac- The 300 people who live here, accessible ful business entity born of the treaty agree- count like you—we have our own bank ac- only by air or by canoe from Alaska when ment with Canada. count. Our bank account is the land, the ani- there’s open water, represent one of the last Outside her office, a poster confronts every mals, the fish in the rivers. You can’t just true hunting societies on Earth. visitor: ‘‘Piiguqhaililugit uqauhiqput. come and empty out our bank account with- People here depend upon the Porcupine Uqaqta Inuvialuktun uvlutaq.—Do not forget out asking us.’’ herd for sustenance, so not surprisingly, it’s our language. Let’s talk Inuvialuktun every She gestures to the windown and the rig here, where the herd winters each year in the day.’’ that everyone knows is there but can’t see. trees that edge the Mackenzie River delta ‘‘I always look at the up-side,’’ Nellie says There are still beaver to trap, she says, but and the northern Yukon, that an American of the coming boom. ‘‘A lot of people talk there are no muskrats. It could be a natural debate over whether or not there’s to be about social problems—we already have so- cycle but maybe it’s a bigger thing, maybe drilling for oil in Alaska’s Arctic Wildlife cial problems. We just have to learn to deal it’s because the lakes are dying. The develop- Refuge is watched with intense interest. with social problems as they arise. Jobs and ment boom is coming and there have been no There’s been an effort to join forces with income are a wonderful antidote to problems baseline studies of traditional environmental the Old Crow Gwich’in to lobby the U.S. sen- with self-esteem. knowledge done, she says. None. And that ar- ators not to open the Arctic Wildlife Ref- ‘‘We have a lot of working age people and rogance, that assumption that the experts uge,’’ says Grace Blake, former chief in they have to go to work. The socialist sys- know best, shows the real relationship be- Tsiigehtchic, a village in the Northwest Ter- tem (of welfare) is not a good system to fol- tween her world and the corporate world. ritories that also relies on the herd. ‘‘It’s not low. We’ve always been supportive of devel- ‘‘We are the first and the last people of this a big movement yet, just pockets of people. opment—but we’ve always wanted to be frontier,’’ she says. ‘‘People are supposed to We need to educate the Americans about how meaningful participants.’’ It’s when I ask be valued. Human beings have the highest important this is to us.’’ Grace about this coming transition from tra- value. But we see that it’s not like that. This As one of the last near-pristine and contig- ditional hunting and fishing to a wage econ- corporate guy told us they will encourage uous wilderness regions in the United States, omy, the sacrifice of a life governed by the kids to stay in school—if they don’t go to the more than eight million hectares of the rhythms of the seasons for one governed by school they won’t hire them. That is the AWR encompass the complete migratory a clock, that her gaze wanders off into the most foolish thing I have heard. You don’t routes and summer calving grounds of the white landscape. encourage people by telling them they aren’t Porcupine herd. And now the silence in the room is deep- good enough. Our culture is not like that. We Each year the caribou, identifiable by the ening like the snow drifting up around the don’t push people out of the way—we take stark silhouettes of the antlers on mature log cabins, snow that has already filled the them in, we make a place for everybody, not bulls, make one of the most remarkable canoes, piled up on the tarps over stacked just the best.’’ journeys on the planet. Sustained only by a

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9850 CONGRESSIONAL RECORD — SENATE September 26, 2001 winter diet of sparse lichens, they swim garbage and more than 60 contaminated Thus, Canadian hunters who want ac- freezing rivers, climb snowy mountain waste sites that contain—and often leak— cess have now access to shoot the Por- ranges and cross the blackfly- and mosquito- acids, lead, pesticides, solvents, diesel fuel, cupine caribou after only a short stroll infested tundra on the way to the coastal corrosives and other toxics,’’ says the NRDC. from the shoulder of the Dempster plain where cold winds sweeping in from the Mr. MURKOWSKI. Again, Canada has Highway. The herd has fallen from Arctic Ocean’s pack ice keep the blood-suck- every right to develop its energy. They ing insects away from newborn calves. Then, 180,000 animals to its current 129,000. when they’ve fattened up on succulent new are a formidable competitor to our own That drop certainly has not been vegetation, they retrace their route to the domestic production, and we enjoy ac- caused by any American activity. winter shelter of the boreal forest before cess to that market and want to en- The Canadian Environmental Min- temperatures plunge below freezing and wind courage it. But I resent the pot calling ister, Mr. Anderson, in the past has chills render the open country uninhabitable the kettle black, so to speak. complained opening Alaska’s Coastal to all but the snowshoe hare, the muskox, There is another chart that generally Plain would be unfair to the Gwich’in the wolverine and the barrenground wolf. shows the extent of the activity, again Indians of Canada and Alaska who op- Fifteen years ago, when then-U.S. president in a little more detail. Here is the Alas- Ronald Reagan expressed sympathy for an pose the development, but they cer- oil industry lobby that sought access to the ka side. This is the Canadian North- tainly do not oppose it any longer in region which lies adjacent to the Yukon bor- west Territories. This is the identifica- Canada. Canadian Gwitch’in members der, the Gwich’in allied themselves with the tion of wells that have been drilled and are clearly supporting oil and gas ex- powerful U.S. environmental lobby to suc- off-shore activity. You can see, as it ploration, probably now because they cessfully block development. moves through this area, the Porcupine will have a financial benefit, certainly Now, with consumers complaining about caribou move through this area and it the benefit of jobs and better housing, gasoline prices and a former Texas oilman in has significant exposure. And the better social care, and better medicine the White House in the form of George W. Dempster Highway runs from Norman Bush, the prodevelopment lobby which has following the completion of their land been biding its time in Alaska and the Lower Wells on up to Inuvik. claim settlement. 48 states has reemerged with a vengeance. The point I want to make is that as Let me share a quote: Taking point for the development lobby is we look at the companies coming in, The difference is that back then— Arctic Power, ostensibly a grassroots citi- Anderson exploration and Petro-Can- Meaning previous years before the zens group which favors oil and gas explo- ada, we can identify the companies land claims— ration in the protected area. It’s an organi- that bought up the leases. Anderson zation which has hired professional lobbyists we weren’t landlords. Now we are the land- alone has done nearly 600 square miles lords and that is a big difference. . . . Now in Washington, D.C., and was recently grant- of 3–D seismic testing over the past ed almost $2 million in funds by the Alaska we are ready for development. state legislature to do more of the same. three winters. Petro-Canada has al- This was Fred Carmichael, the chair- Rallying on the other side are organiza- ready drilled exploratory wells outside man of the Gwich’in Tribal Council in tions like the Natural Resources Defense of Inuvik, where Anderson now plans to Canada. This article, again, came from Council, the Sierra Club, the Audubon Soci- drill in the Eagle Plain area. That is the Vancouver Sun, the quote to which ety and nearly 500 leading U.S. and Canadian again shown on this chart, in this gen- I am referring. scientists who have called on President Bush eral area. It is a very significant area Could Mr. Anderson’s opposition to to stop trying to change the law that pro- associated with the migratory path of hibits oil extraction in the Arctic National Alaska’s environmentally sensitive oil Wildlife Refuge. the caribou. development be caused by Canada’s de- They include world-renowned naturalist Are these exploration plans ‘‘hasty sire to have a ready market for its George Schaller, Edward O. Wilson, winner and ill-conceived’’? I question that be- Mackenzie Delta oil finds in America? of the National Medal of Science and two cause these are the words of Mr. Ander- I hope so. We would welcome it. Pulitzer Prizes for books on biology, David son, the Canadian Environmental Min- But according to Canadian press, Klein, a noted Arctic scientist at the Univer- ister. I am sure the answer would be Inuvik Mayor Peter Clerkson predicted sity of Alaska and 50 other Alaska scientists. no; in his opinion they are not ill-con- One major difference in the political jock- oil drilling would quadruple in this eying this time around is that the dispute ceived. That is their opinion and I do area in the winter and double again has become an exercise in political cyberwar. not challenge that. But neither is next winter. Again, this level of activ- Arctic Power has a sophisticated web site America’s plan to allow careful and en- ity certainly indicates that. which purports to explode the ‘‘myths’’ of vironmentally sensitive exploration in The Northwest Territory Finance the Arctic Wildlife Refuge. Their opponents only 2000 acres, in the sense of any per- Minister has just been quoted as hop- have launched their own information sites at manent footprint occurring in the ing oil finds will generate $400 billion which they argue that the amount of oil Alaska Arctic Coastal Plain. That is for Canada, all money being trans- available from drilling in the refuge—which less than .01 percent of Alaska’s wild- is the last five per cent of Alaska not avail- ferred to Canada, mostly from the able to the resource industry—would meet life refuge, which is much broader than pockets of American consumers as we less than two per cent of U.S. annual needs that, containing about 17 million acres. look to Canada for energy needs. even in its peak year of production, which Mr. Anderson would say Canada’s Call it what you will, it is healthy couldn’t come before 2027. drilling is OK because it doesn’t dis- competition. Mr. Anderson, the Envi- Citizens are invited to register their oppo- turb the caribou calving, but he didn’t ronmental Minister, in his fears about sition with an e-mail petition. and doesn’t mention that Canada is American oil exploration, ignores that Meanwhile, important as oil might be to drilling in the midst of the herd’s mat- the legislation currently pending to the U.S. economy, the fate of the Porcupine herd is just as important to the social and ing area. He doesn’t mention that Can- open the Arctic Coastal Plain fully pro- economic fabric of the Gwich’in. And the ada is drilling in the calving area for tects the environment and the Porcu- First Nation’s fears for the fate of the herd its own herds. pine caribou, and to all wildlife on are growing rapidly. He doesn’t mention that Canada’s ac- Alaska’s Coastal Plain. The House Numbers of Porcupine caribou have now tion after building the Dempster High- passed language, as you know. The declined by approximately 20 per cent—to way has probably done more to harm House did pass H.R. 4. That energy leg- the present total of 129,000 animals—even the health of the Porcupine herd than islation authorizes the opening of without the added stress of additional oil ex- ploration activity in the herd’s calving anything that America would ever con- ANWR. It limits development to a grounds on the North Slope of Alaska. sider. 2,000-acre footprint out of the 19 mil- And as an example of what development Consider for a moment, again, this lion-acre refuge. That would leave might mean in the future, green opponents chart and what this highway has done. nearly 100 square miles of habitat be- of drilling point to Prudhoe Bay, less than It has provided access. There is nothing tween each oil-drilling pad, more than 100 kilometres to the west. There, they wrong with access. Here is the Eagle enough for the caribou to pass through, argue, 2,500 square kilometres of fragile tun- Plains. Here is the highway. This is the given the new advances in directional dra has become a sprawling industrial zone migration route. drilling, 3–D seismic. containing more than 2,400 kilometres of roads and pipelines, 1,400 producing wells and In the past decade, Canada reduced So I think if we compare what Can- three airports. the previous 8-kilometer hunting area ada’s footprint in the Canadian Arctic ‘‘The result is a landscape defaced by on both sides of the Dempster High- is, and our own, the technology would mountains of sewage sludge, scrap metal, way, dropping it to a 2-kilometer zone. speak for itself. Further, we propose to

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9851 limit development so there will be no I welcome additional oil production ratified commitment to reduce green- disturbance to calving during the June- in North America, as long as it is done house gas emissions. The underlying July calving season. This is not about in an environmentally sound manner. bill already sets us up to violate the protecting the environment and the Again, I remind all of us that we give Anti-Ballistic Missile Defense Treaty. caribou that live in it. Mr. Anderson’s very little thought to where our oil That is enough to weigh down one bill. objection must be about something comes from as long as we get it. We We should not further encroach on else. should do it right in North America, the good will of our global neighbors at Look at the objections that oppo- Canada, and Alaska, as opposed to it a time when we are seeking their sup- nents voice to exploring in ANWR. One coming from overseas, over which we port in our efforts against terrorism. I is that it is an insignificant amount of have really no control. urge the defeat of these amendments oil, not worth developing. If it isn’t, we I find the objections to be unbalanced when and if they are offered. will make a park out of it. But that is and grossly unfair since they totally Mr. INHOFE. Mr. President, will the nonsense. The USGS estimates Alas- ignore the environmental issues in- Senator yield? ka’s portion of the Coastal Plain—I volved in oil development in the Arc- Mr. JEFFORDS. I am happy to yield. would say the occupant of the chair tic. Mr. INHOFE. Is the Senator aware has been up there—the estimate is it I also find the Environment Min- that since back to and including the contains between 6 and 16 billion gal- ister’s statement just days after the First World War the outcome of every war has been determined by energy? Is lons of economically recoverable oil. If tragedy in New York and Washington the Senator aware that we are now it is 10 billion barrels alone, the aver- not only untimely but unfortunate. 56.7-percent dependent upon foreign age, it is equivalent to 30 years of oil I thank the Chair. I yield the floor. I countries for our ability to fight a war we would import from Saudi Arabia at wish my colleagues a good day. and that half of it is coming from the the current rate, and 50 years equal to f Middle East? And is the Senator aware what we import currently from Iraq. NATIONAL ENERGY POLICY By the way, 16 billion barrels is 2.5 that the largest increase in terms of times the size of the published esti- Mr. JEFFORDS. Mr. President, I rise our dependency on any one country is mate of the new Canadian reserves in in opposition to the energy policy-re- Iraq, a country with which we are in the Mackenzie Delta area, here. It is lated amendments filed by the Senator war right now? Mr. JEFFORDS. I am aware of the absurd to think that ANWR only rep- from Oklahoma. While I support mov- situations the Senator describes. I am resents a 6-month supply of oil as some ing forward with comprehensive na- just concerned about the methodology opponents say. That would assume that tional energy policy, the underlying being utilized to try to solve that. I ANWR is this country’s only source of bill is too important to our national se- would like to work together with the oil. curity to bog it down with controver- Some say it will take too long to get sial amendments. members of the committee to try to ANWR oil flowing. But it certainly will There are many substantive problems see if we can find common ground. The PRESIDING OFFICER. The Sen- take less time to produce than some of with these amendments, not the least of which is their probable negative im- ator from Illinois. the potential deposits in Canada. And Mr. DURBIN. I thank the Chair. if we are truly at war against ter- pact on public health and environ- rorism, we have the national will to de- mental quality. They take us back to f velop Alaska oil quickly, while still the polluting past, rather than forward EVENTS OF THE LAST TWO WEEKS protecting the environment. into a cleaner, more efficient and sus- Mr. DURBIN. Mr. President, I rise We built the Pentagon in 18 months, tainable future. today to reflect on some of the experi- the Empire State Building in a year There are also serious procedural ences I have had over the last 2 weeks, and built the 1,800-mile Alaska High- problems with moving on these amend- and also the activity of the U.S. Con- way in 9 months. Oil could be flowing ments. The committees of jurisdiction, gress, and in particular the Senate. out of ANWR quickly if we made a including the Environment and Public It is hard to believe it has only been total commitment to make that hap- Works Committee, have not completed 2 weeks and 1 day since the tragedy of pen. I believe we could do this in 12 work on important parts of comprehen- September 11. It seems such a longer months instead of the five years, some sive energy legislation. period of time because of all the emo- predict. Also, I would remind Senators that tions and all the experiences and all There are many other misstatements the administration has completed very the visual images which have been about Alaska’s potential for oil devel- few, if any, of the reports recommended burned into our minds and our hearts. opment. We will have time to discuss by the Vice-President’s National En- I think so many times of that day those in this body as we work on a na- ergy Policy Development group. I be- and what happened to me. Yet when I tional energy policy that makes sense lieve these reports were intended to in- meet anyone on the street in Chicago for America. That debate must occur form and justify to the public and Con- or any part of Illinois and Springfield, soon; we must give the President the gress the need for any changes to exist- they all go through the same life expe- tools he needs to ensure our energy se- ing law and programs. rience. They want to tell me where curity. I know members on both sides These amendments drive us further they were and how their lives were of the aisle are anxious to make this and further away from making the touched and changed by September 11. happen. truly fundamental changes in our na- It was a defining moment for America. But I wanted to come and respond to tional energy policy that are necessary It is one which none of us will ever for- the comments made by Canada’s envi- to address global climate change. get. ronment minister, because they were The amendments will dramatically Over 6,500 innocent Americans lost horribly unbalanced in light of Can- increase U.S. greenhouse gas emis- their lives on that day—the greatest ada’s oil drilling program in the migra- sions. That further violates our com- loss of American life, I am told, of any tory route of the Porcupine caribou mitment in the Rio Agreement to re- day in our history, including the bat- herd. duce to 1990 levels. tles of the Civil War. I encourage an opportunity to debate The next Conference of Parties to the Of course, we weren’t the only coun- Mr. Anderson, and I stand behind my U.N. Framework Convention on Cli- try to lose lives in the World Trade assertion that, indeed, his comments mate Change begins in late October. Center. It is reported in the papers don’t reflect the reality nor the true Despite the terrorist attacks on our today that more German citizens lost picture of what is going on in Canada. Nation, the attendees will hope for U.S. their lives to terrorism on September Again, I have fondness for our Cana- leadership to combat global warming. 11 at the World Trade Center than in dian friends and Canada itself. I am not Whatever the administration may any of the terrorist acts on record in saying they are harming the environ- present, I hope the message from the Germany. The stories are repeated ment in the least. I am pointing out U.S. Senate will not be the recent many times over. what they are doing. The Members of adoption of a national energy policy Yesterday, the father of one of the this body need to know that as well. that blatantly undermines our Senate- victims of American Flight 77 that

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9852 CONGRESSIONAL RECORD — SENATE September 26, 2001 crashed into the Pentagon came to my Let me tell you something else. I do suggestions on how to do it. Some have office and spoke about his wonderful not begrudge a single moment of the said we should actually have Federal daughter. He reflected on her life and time they asked of me, and neither employees directly involved. I am not the life of so many in my home State should any other American. There is a opposed to that concept. I am open to of Illinois—lives that were lost on Sep- little inconvenience involved in this, it. I am trying to keep an open mind to tember 11. We have tried to address but for our safety and security it is not the most cost-efficient way to guar- that. too much to ask. When I think about antee the security as best we can of Yesterday, we had a hearing on air- giving up 30 seconds or a minute of my airline travel. port and airline security in the Govern- life, I reflect on how many people are Others have asked, how about a gov- mental Affairs Committee under Chair- making such extraordinary sacrifices ernmental corporation that has this re- man JOE LIEBERMAN, the Senator from of their time and their lives in the in- sponsibility that operates under the Connecticut. Other Members came for- terest of the security of America. That rules and standards promulgated by ward to hear testimony from the ap- is not too much to ask any airline pas- the Federal Government? That, too, is propriate Federal agencies—the FAA, senger. an approach which I think we should the Department of Transportation’s in- But now we see in airports across consider. But more than anything, we spector general, as well as the General America a change in attitude and a have to make it clear to the American Accounting Office. change in approach. At all the airports people that we are going to do some- Then we brought in a panel of those I visited—four in the last 2 weeks—I thing, and we are going to do it soon, who were more directly in contact with have seen a much more serious ap- and that it is safe for them to get back air service—the vice president of Amer- proach to security. on airplanes. ican Airlines; airport managers from Yesterday we talked about the secu- I am still flying commercial flights. Bloomington, IL; from North Carolina; rity on the ramp, as well, in terms of Most of my colleagues in the Senate from St. Louis’ Lambert; and Aubrey all of those people who have access to are—in fact, all of them. I think it is a Harvey, who was a screener at one of airplanes. We focused on passengers testament to our belief that we have the airport security stations at O’Hare, and what they bring on board, but we confidence in air travel. We have to came. If I am not mistaken, he was the should also focus on every single per- convince the rest of the American peo- first person actually involved in that son who can enter that airplane at any ple. Let me address another issue that profession who came forward to tell his time; not only the pilot and crew, but was raised a few moments ago in this side of the story about airport secu- also those who are responsible for bag- Chamber by my colleague from New rity. gage handling, fueling the plane, cater- It was an important hearing. I think Jersey, Senator TORRICELLI. It is one ing services, cleanup crews. All of it dramatized the need for us to focus which I have heard him express before, those people have access to that air- on several achievements as a nation. and one I have reflected on, and on First and foremost, we must restore plane. which I have come to an agreement A search of one of the grounded air- the confidence of the American public with him. It is the question of our pre- planes after the event found one of to get back on airplanes. That will re- paredness as a nation for what oc- those notorious box cutters wedged in quire several actions. It requires, first, curred on September 11. to have an immediate visible security the cushion of a seat of the plane. Back before the United States was response to what occurred on Sep- Whether the passenger left it there or engaged in World War II, President tember 11. Changes have taken place in it was planted is unknown, but it at Franklin Roosevelt called on George every airport. I have been to O’Hare least raises an important security Marshall, an Army general, to prepare and to Dulles and to Baltimore, as well question. the United States for the possibility of So when we talk about security in as to St. Louis since that event. I have war. I remember, in reading the biog- seen the changes. They are important. airports, it is not just the screening, it raphy of George C. Marshall, one of our They are significant. They may not be is not just the questions asked of pas- Nation’s heroes, they talked of his first enough. We need to do more. We need sengers, it is to make sure that the trip to the so-called War Department, I to do it quickly. ramp and the perimeter around the air- believe it was, in 1940. I have noted that after Secretary Mi- port is secure, that we know the people He went to the War Department, and neta, of the Department of Transpor- who are coming in contact with that he asked what battle plans were there tation, testified last week, I suggested plane, that they have been checked for him to review. They went to the that he immediately write to every air- out, that they are hard-working, good vault, opened it, and pulled out the port manager and communicate to people, who are not going to be in- battle plan—the one battle plan them the need to put in place at every volved in anything that would endan- —which had been prepared for the War airport security checkpoint a uni- ger the life of another. Department of the United States of formed law enforcement officer. One of the baggage handlers from America in 1940. Secretary Mineta, whom I respect O’Hare called me. I spoke to him in my George Marshall opened the folder to and admire so very much, said some office the other day. He told me about discover that battle plan was for the airports have done that. I urged him to his experience. Did you know baggage invasion of Mexico. That is all he had. make sure every airport does that be- handlers at O’Hare start at $8.50 an No one had thought ahead about other cause I think it changes the environ- hour? I did not know that. In a few possibilities. And in a short period of ment of the airport. It makes security years they can get as high as $19 an time, America was involved in a world a more serious matter. hour, but, again, it reminds us that war. We were not prepared and had to I do not know if it was a coincidence many of the people who are in direct race to become prepared, not only to or what, but when I went up to Balti- contact with the airplane and its con- provide the goods and services and re- more to catch the plane last Friday, as tents are people in starting-wage jobs sources for our allies in the war but to I went through the airport security, that require perhaps minimal edu- make sure we could defend ourselves. there were five or six very serious cation and minimal training. I think America rose to that challenge, but we screening employees and two law en- that has to change. lost valuable time because we were not forcement personnel there. They not I think we need to raise the stand- prepared. only went through my luggage—which ards, the skills, and the compensation The obvious question we must ask, as was something I invited them to do— to the people who are involved in secu- Members of Congress, is, Were we pre- then they did the wand all over me, rity. I think we have to consider secu- pared for September 11? Well, clearly, and then checked to see if there was rity as not just part of the process of the answer is no. For the United States any explosive residue on my briefcase. taking a flight but an element of law to have faced the greatest invasion, the I do not know if they knew who I was, enforcement. When you take that into greatest attack, the greatest crisis in but they, frankly, responded with the consideration, you start changing your our history, is to say, on its face, that most amazing display of security I standards as to what you might expect. we were not prepared. have ever seen at one time at an air- So I believe we should federalize this And I have to point to a number of port; and I travel a lot. activity. There have been a number of areas. Whether it is in the military

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It reflects, unfortunately, a sad portant questions that need to be formation-gathering agencies have col- state of affairs when it comes to the asked and answered about our failure lected enormous amounts of data, exchange of this information. to avert this terrible crisis. whether it is electronic data or data Let me speak for a moment about the We have identified some 19 alleged from human intelligence resources. daunting task we face in challenging hijackers who were involved in this en- And many times that data has not been terrorism around the world. The Presi- deavor. I think we understand that assimilated, formulated, or distributed dent is right. He has done the appro- there probably were hundreds more so that it can be used in effective law priate thing in warning the American who had some part to play in this sad enforcement and the deterrence of the people that this is a long-term commit- and tragic drama that cost so many kind of disaster and tragedy we experi- ment, that we need to take a look and lives. But to think what they have enced on September 11. find the resources of this global ter- done to America—those people, one day I ask, at least as part of this debate, rorism network and cut them off where in our history—it has changed our Na- that Congress come to these same we can—financial resources, political tion. agencies and ask them what they have resources, whatever they are gathering I would like to say that we can brush done in the past with similar informa- from other nations, organizations, and it off and go on about our business. Ev- tion, how much of a backlog of unproc- persons. We have to stop that flow, to erybody knows better. Life in this essed information they currently have, try to choke off this global terrorism. country is going to be different, and it and what they are going to do with any That is going to take quite a bit of ef- must be different so we can avert that new information they receive. fort and patience. kind of crisis in the future and be pre- Before we expand this authority to The other day I met with a pros- pared for our own defense. collect more information, it is reason- ecutor who had spent most of his pro- Now we have requests coming to us able to ask the capacity of these agen- fessional life prosecuting the Osama from agencies representing the U.S. cies to assimilate and to use this infor- bin Laden terrorists. For 30 minutes he military, law enforcement, such as the mation in a valuable fashion. sat down and described for me from FBI, and the intelligence agencies, for How many Arabic speakers are avail- start to finish his experience with this additional resources and additional au- able at the CIA and FBI if we are going group. I came away with the following thority. I join every other Member of to focus on those who are involved in impression: They are educated; they the Senate in a bipartisan, solid vote this latest terrorism and any conversa- are determined; they are invisible; they giving the President and his adminis- tions among people who use that par- are patient; and they hate us. tration all of the resources and author- ticular language? That is an important I was sobered by that presentation ity they have asked for. I think we feel question and one which I think we will because he went through, chapter and that party labels should be put aside. come to find is not answered to our verse, every single item he had discov- We have to stand together in Congress satisfaction. We have to do better. ered in the course of prosecuting these I also have to relate that for the first to wage this war against terrorism. We terrorists. I came away with the belief time in 20 years, the Judiciary Com- want to provide the President what he that we are not dealing with a ragtag mittee, just a few months ago, had a needs to be successful in that effort. bunch that got lucky, in their view, on thorough investigation of the Federal We want to provide him the resources September 11 with terrorism. They Bureau of Investigation and came up he needs so the men and women in uni- know what they are doing. form, and everyone involved in this ef- with some major concerns. It is hard We have to know what we are doing. fort, have the tools they need to suc- for me to believe that this premier law We have to be prepared to fight this ceed. enforcement agency in America is still battle and to win it as quickly and as Now we are receiving requests from so far behind the times when it comes decisively as possible. the Attorney General, and from others, to important technology such as com- to change the laws of the United States puters. The computer capability of the Let me suggest that as we get into to provide additional authority to Federal Bureau of Investigation was this, as we make this dedicated effort those who are involved in fighting ter- described as 10 years behind the rest of to fight terrorism as a nation, we rorism. I do not think that is an unrea- America. At a time when it should be should stop and we should reflect on sonable thing to do. In fact, some of on the cutting edge, it is that far be- the state of affairs on September 11, the requests that have been made by hind. That needs to change. It needs to 2001, in America. It is time to ask the the Department of Justice are emi- change immediately. painful and hard questions of where the nently sensible. Providing access to more information intelligence community failed, where I think it is important that we have without the ability to assimilate it, to law enforcement failed, where our Gov- changes, for example, in the authority process it, to distribute it is, frankly, a ernment failed, when it came to avert- to eavesdrop or have wiretaps to reflect waste of our time. We cannot afford to ing that crisis. new technology. In the old days, the waste a moment in this war against This is not an easy task. Some have FBI would turn over the name of a per- terrorism. suggested maybe we should put that son and the telephone number and ask I have the greatest confidence in Bob aside for another day. I don’t think so. for authority from the court to put a Mueller, who has been appointed as the There were clear omissions, and there wiretap on a phone. new Director of the FBI. I salute Presi- were clear problems within our collec- Today, of course, that suspected per- dent Bush and those who were instru- tion of intelligence that led to what son may have in fact a dozen cell mental in naming him. He is an excel- happened on September 11. We need to phones and change three or four num- lent choice. I believe he and Attorney know what they were. We need to know bers a day. We have to be prepared to General Ashcroft have an opportunity if they changed. We need to know, for follow them through all of the different to work together to not only give more example, whether this exchange of in- levels of technology people can use authority and resources to the FBI but formation by law enforcement agencies against us. I don’t think that is unrea- to also change the climate at the FBI has now changed for the better and de- sonable. in terms of how it works internally and cisively. Changing the statute of limitations how it works with other agencies. To do that, I agree with Senator on crimes of terrorism? Of course, we Yesterday Attorney General Ashcroft TORRICELLI, we should establish a should. We have to view this as more told us that the FBI’s wanted list and board of inquiry that asks these hard than just a garden variety crime be- list of dangerous individuals in Amer- and difficult questions and reports cause we have seen the terrible disaster ica had not been shared with the Fed- back to Congress, to the President, and that occurred on September 11. eral Aviation Administration before to the American people about what we Other requests have been made by September 11. What that meant was did wrong and how we need to change the FBI and CIA for the collection of that those names that were suspicious it. more information beyond what I have were never given by the FAA to the There is a rich tradition of this sort just mentioned. It raises an important airlines so they could monitor the of inquiry. Senator Harry Truman of

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It is a re- the plane crash in Pennsylvania, Presi- been noted, the Challenger disaster led birth of patriotism in America the dent Bush instructed our armed serv- to a board of inquiry that changed the likes of which I have never witnessed. ices to ‘‘be ready.’’ way the National Aeronautics and There was a time during the Vietnam Mr. President, our Nation is at war Space Administration did their busi- war when the American flag lapel pin with terrorism. Everybody knows that. ness. There were inquiries throughout was worn by some in support of the war Thousands in our Armed Forces are al- our history when something important and shunned by others as an indication ready risking their lives around the and catastrophic was happening in of supporting a war they thought was globe, preparing to fight in that war. America. wrong. We bade farewell to 2,000 or 3,000 ma- We can do no less today than to dedi- That has changed so much. You will rines from North Carolina last week. cate resources to an inquiry that gets find Americans across the board proud These are all courageous men and to the heart of what our deficiencies of their flag, proud of their country. I women who are not afraid to face up to are when it comes to fighting ter- was in Chicago Saturday morning and evil terrorists, and they are ready to rorism. stopped at a car rental agency, and the risk their lives to preserve and to pro- I suggest my colleagues consider that lady behind the desk recognized my tect what I like to call the miracle of there are many we can turn to, to help name when I filled out the contract. America. us in this effort. Certainly there are She said: Senator, I can’t find a flag And that is why I am among those of committees of Congress on both sides anywhere, and I am trying to get one I their fellow countrymen who insist of the aisle in the House and the Sen- can wear. that these men and women who are ate that could have a legitimate role to I pulled out this ribbon from my willing to risk their lives to protect play in this question. pocket—a lapel pin that many Mem- their country and fellow Americans We might consider turning to some of bers have been wearing. I said: Why should not have to face the persecution of the International Criminal Court— our former colleagues to establish this don’t you take this one. kind of commission of inquiry to ask She said: I think I am going to break which ought to be called the Inter- national Kangaroo Court. This court about what we failed to do and how we down and cry. It meant so much for her will be empowered when 22 more na- failed to avert the crisis of September to have it, to be able to wear it. I also 11. As I sat here today reflecting, tions ratify the Rome Treaty. gave one to the lady working with her. Instead of helping the United States names came to mind immediately: Sen- I thought how quickly we have come ator Bob Kerrey, former Senator from go after real war criminals and terror- together as a nation. ists, the International Criminal Court Nebraska, recipient of the Congres- You have seen it in so many ways, sional Medal of Honor, former chair- has the unbridled power to intimidate large and small. Huge rallies are tak- our military people and other citizens man of the Senate Intelligence Com- ing place at the Daly Center in Chi- mittee; Senator Bob Dole of Kansas, with bogus, politicized prosecutions. cago. There are long lines of people Similar creations of the United Na- Republican majority leader; Sam waiting to donate blood. Donations are tions have shown that this is inevi- Nunn, former Senator from Georgia, being given to the United Way and Red table. well respected for his expertise when it Cross and all of the charitable organi- Earlier this year, the U.N. Human comes to the armed services; former zations. There is an intense feeling of Rights Commission kicked off the Senator from Missouri John Danforth, pride and patriotism at public events United States—the world’s foremost who just recently conducted an inves- across the board. advocate of human rights—to the tigation of the FBI on the Waco inci- I have noticed that people are listen- cheers of dictators around the globe. dent, and his findings were accepted by ing more carefully to our National An- The United Nation’s conference on all as being thorough and professional; them—to the words that we used to say racism in Durban, South Africa, this John Glenn, former Senator from Ohio, by memory —perhaps without thinking past month, became an agent of hate who has a legendary reputation not so many times. There is that pause rather than against hate. With this only on Capitol Hill but across Amer- when we get to the point in that great track record, it is not difficult to an- ica; Mark Hatfield of Oregon, who National Anthem when we say: ticipate that the U.N.’s International served as chairman of the Senate Ap- O say, does that star-spangled Banner yet Criminal Court will be in a position not propriations Committee; Chuck Robb, wave, merely to prosecute, but to persecute former marine in Vietnam and Senator O’er the land of the free and the home of our soldiers and sailors for alleged war from Virginia; Warren Rudman from the brave. crimes as they risk their lives fighting New Hampshire. I think those words have special the scourge of terrorism. These are eight names that could meaning for us because the Star Span- Therefore, now is the time for the come together quickly and be willing gled Banner, our national flag, still Senate to move to protect those who to serve this country in a commission waves—not just on porches and build- are protecting us. of inquiry as to what went wrong at ings across America and across Illinois, I have an amendment at the desk to the CIA and the FBI and the Pentagon downstate and in Chicago, but in our serve as a sort of insurance policy for and throughout the Government on hearts as well. We will prevail. our troops. My amendment is sup- September 11. I believe they can give Those who thought they could bring ported by the Bush administration and us a roadmap so we can talk about us to our knees have brought us to our is based on the ‘‘American Service changes that need to be made, and feet. This country will be victorious. Members Protection Act,’’ which I in- made immediately, to avert any future I yield the floor. troduced this past May. It is cospon- crisis. The PRESIDING OFFICER. The Sen- sored by Senators MILLER, HATCH, I agree with Senator TORRICELLI: ator from North Carolina is recognized. SHELBY, MURKOWSKI, BOND, and ALLEN. This is something we should not put Mr. HELMS. Mr. President, I thank I ask unanimous consent that the off. We ought to do it and do it soon. It the Chair. I ask unanimous consent amendment be filed with the DOD au- is not a reflection of disunity on the that it be in order for me to make my thorization bill. part of those of us who suggest it but remarks while seated at my desk. The PRESIDING OFFICER. The just the opposite. As we have stood The PRESIDING OFFICER. Without amendment will be filed. with the President to make sure he is objection, it is so ordered. Mr. HELMS. Mr. President, many effective in fighting this war for Amer- f Americans may not realize that the ica, let us stand together in a bipar- Rome Treaty can apply to Americans tisan fashion to concede our weak- AMERICAN SERVICE MEMBERS even without the U.S. ratifying the nesses and shortfalls from the past so PROTECTION ACT treaty. This bewildering threat to we don’t repeat those terrible mis- Mr. HELMS. Mr. President, after America’s men and women in our takes. those dastardly terrorists deliberately Armed Forces must be stopped.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9855 And that is precisely what my Mr. DASCHLE. Reserving the right when the treaty was signed by former amendment proposes to do—it protects to object, I suggest the absence of a President Clinton, he talked about the Americans in several ways: quorum. inequities and the problems. (1) It will prohibit cooperation with The PRESIDING OFFICER. The My amendment also addresses those this kangaroo court, including use of clerk will call the roll. problems, and it would remove lan- taxpayer funding or sharing of classi- The bill clerk proceeded to call the guage indicating that the United fied information. roll. States may eventually become a party (2) It will restrict a U.S. role in Mr. DASCHLE. Mr. President, I ask to the ICC. peacekeeping missions unless the U.N. unanimous consent that the order for There is a gratuitous endorsement of specifically exempts U.S. troops from the quorum call be rescinded. the U.N.’s ad hoc tribunals. We have prosecution by this international The PRESIDING OFFICER. Without just been through one of those episodes court. objection, it is so ordered. The Senator in South Africa where the United (3) It blocks U.S. aid to allies unless from Idaho. States and Israel had to walk away be- they too sign accords to shield U.S. Mr. CRAIG. Mr. President, I thank cause of an intent to suggest that troops on their soil from being turned the majority leader for his consider- charges of racism be pursued against over to the ICC. ation. I had asked my second-degree one of those nations. Ad hoc tribunals And amendment to the Helms amendment and the very principle with which we (4) It authorizes any necessary action be considered in that context upon re- are trying to deal in the ICC should to free U.S. soldiers improperly handed turning to the DOD authorization bill. suggest that we do not necessarily en- over to that Court. Mr. President, I send that amendment dorse or support the U.N.’s ad hoc tri- My amendment to the Defense au- to the desk as a second degree. bunals. thorization bill incorporates changes The PRESIDING OFFICER. The There is a new section 1411 that has negotiated with the executive branch amendment will be filed. been added to permit U.S. cooperation The Senator from North Carolina. giving the President the flexibility and Mr. HELMS. Mr. President, I ask with the ICC on a case-by-case basis, authority to delegate tasks in the bill unanimous consent that I may make including that of giving classified in- to Cabinet Secretaries and their depu- my remarks seated at my desk. formation to the ICC. We reject that. ties in this time of national emer- The PRESIDING OFFICER. Without Lastly, there is no mention of Amer- gency. objection, it is so ordered. ican sovereignty. I think it is always The Bush administration supports Mr. CRAIG. Mr. President, I ask important when we are addressing this slightly revised version of the unanimous consent that the amend- international bodies or our relation- American Service Members Protection ment appear in the RECORD as pre- ship to them that we speak so clearly Act. I have a letter from the adminis- sented. to the right of this Nation to deter- tration in support of this amendment, The PRESIDING OFFICER. Without mine its own destiny and, more impor- which I will soon read. objection, it is so ordered. tantly, that we will not be signatories Nothing is more important than the Mr. CRAIG. Mr. President, I will to, nor will we endorse as a Senate or safety of our citizens, soldiers, and speak briefly to it because I know as a Government, concepts in the inter- public servants. The terrorist attacks there is other business to be conducted. national arena that take from us our of September 11 have made that fact all It is, first and foremost, very impor- right of American sovereignty and the the more obvious. tant that I say I agree with the general right, therefore, of our judicial system Today, we can, we must, act to pro- premise of the amendment that Sen- over the citizens of this country away tect our military personnel from abuse ator HELMS has offered this afternoon. from that of an international body. by the International Criminal Court. It is clearly of utmost importance that That is the intent of my second de- The letter I received dated Sep- we speak as a nation to the world and gree. Without question, and I have dis- tember 25 from the U.S. Department of say that our men and women in uni- cussed this with Senator HELMS, he and State is signed by Paul V. Kelly, As- form may never and will never become I stand strongly together in support of sistant Secretary for Legislative Af- subject to an International Criminal the protection of our troops, our men fairs: Court. That is the sovereign right of and women in uniform, in not being Dear Senator HELMS: This letter advises this Nation. subject to an international criminal that the administration supports the revised We, in general, object to what the court of justice. text of the American Servicemembers’ Pro- Criminal Court under the Rome Treaty I yield the floor. tection Act, dated September 10, 2001, pro- proposes. In fact, in the Commerce- The PRESIDING OFFICER. The Sen- posed by you, Mr. Hyde and Mr. Delay. State-Justice appropriations bill, just 2 ator from North Carolina. We commit to supporting enactment of the weeks ago I offered an amendment to Mr. HELMS. Again, Mr. President, I revised bill in its current form based upon thank the Chair. the agreed changes without further amend- strike all necessary moneys that would ment and to oppose alternative legislative bring about our activity in the Pre- Let me just add a footnote to the re- proposals. paratory Commission and the imple- marks of Senator CRAIG. We have been We understand that the House ASPA legis- mentation of the Criminal Court. working closely together on this issue lation will be attached to the State Depart- My amendment goes a step beyond of the International Criminal Court, ment Authorization Bill or to other appro- what Senator HELMS has proposed be- and we see eye to eye on the danger of priate legislation. cause the International Criminal Court this Court presented to our fighting Signed, Paul V. Kelly, as I indicated is not specific to men and women in men and women. I appreciate very earlier. uniform. It says all citizens of the much the efforts of Senator CRAIG, who I thank the Chair and yield the floor. world in essence; anyone over 18 years I understand may be offering a second- I suggest the absence of a quorum. of age. Is it possible to assume that a degree amendment, which he has al- The PRESIDING OFFICER. Does the rogue prosecutor under the Criminal ready done. Senator withhold his suggestion? Court of the United Nations could sug- I want to assure the Senate, as Sen- Mr. HELMS. Yes. gest that Colin Powell is in violation ator CRAIG has, that Senator CRAIG and The PRESIDING OFFICER. The Sen- and, therefore, to be prosecuted before I will continue working together on ator from Idaho. the Criminal Court for his conduct as this and other important issues in the Mr. CRAIG. Mr. President, I send to it relates to pursuing international jus- future. the desk a second-degree amendment tice in relation to terrorists? Yes, it is. As I indicated earlier in my remarks, to the Helms amendment and ask As a result of that, my amendment my amendment—the underlying unanimous consent that it be consid- proposes to protect all citizens, not amendment, that is—is supported by ered in context with the Helms amend- just those men and women in uniform. the Bush administration. Vice Presi- ment on the DOD authorization bill That is critically necessary and impor- dent CHENEY has personally seen to it when we return to the bill. tant. the language in my underlying amend- The PRESIDING OFFICER. Is there We have spoken out as a nation in ment has the approval of the State De- objection? general opposition to the ICC, and partment, the Defense Department, the

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9856 CONGRESSIONAL RECORD — SENATE September 26, 2001 National Security Council, the Justice help participating agencies achieve search and development goals. The pro- Department, along with other parts of their goals in the research and develop- gram is designed to convert the billions the Government. ment arena. It also helps convert the of dollars invested in research and de- I yield the floor. billions of dollars invested in research velopment at our nation’s universities, I suggest the absence of a quorum. and development at our nation’s uni- federal laboratories and nonprofit re- The PRESIDING OFFICER. The versities, Federal laboratories and non- search institutions into new commer- clerk will call the roll. profit research institutions into new cial technologies. The STTR Program The bill clerk proceeded to call the commercial technologies. does this by coupling the ideas and re- roll. The STTR program was started in sources of research institutions with Mr. REID. Mr. President, I ask unan- 1992. The program was reauthorized in the commercialization experience of imous consent that the order for the 1997 for four years. The program is small companies. quorum call be rescinded. funded out of the extramural R&D To receive an award under the STTR The PRESIDING OFFICER (Mr. budgets of Federal agencies or depart- Program, a research institution and JOHNSON). Without objection, it is so ments with extramural R&D budgets of small firm jointly submit a proposal to ordered. $1 billion or more. Such agencies must conduct research on a topic that re- award at least .15 percent of that f flects an agency’s mission and research money for STTR projects. This bill in- and development needs. The proposals DISCHARGE AND REFERRAL—H.R. creases program funding to .3 percent are then peer-reviewed and judged on 788 of that money for STTR programs in their scientific, technical and commer- Mr. REID. Mr. President, I ask unan- FY 2004 and thereafter. Five agencies cial merit. imous consent that the Armed Services currently participate in the STTR pro- The STTR Program continues to pro- Committee be discharged from consid- gram: the Department of Defense, DoD, vide high-quality research to the Fed- eration of H.R. 788, the land convey- the National Institutes of Health, NIH, eral government. The General Account- ance bill, and the measure be referred the National Aeronautics and Space ing Office (GAO) reported in the past to the Governmental Affairs Com- Administration, NASA, the National that Federal agencies give high ratings mittee. Science Foundation, NSF, and the De- to the technical quality of STTR re- The PRESIDING OFFICER. Without partment of Energy, DoE. search proposals. The Department of objection, it is so ordered. There are three phases of the STTR Energy, for example, rated the quality program. Phase I is a one-year award of the proposed research in the top ten f for $100,000, and its purpose is to deter- percent of all research funded by the SMALL BUSINESS TECHNOLOGY mine the scientific and commercial Department TRANSFER PROGRAM merits of an idea. Phase II is a two- Report after report demonstrates year grant for $500,000, and its purpose that small businesses innovate at a Mr. REID. I ask unanimous consent is to further develop the idea. In FY greater and faster rate then large that the Senate proceed to the imme- 2004 and thereafter this bill increases firms. However, small businesses re- diate consideration of H.R. 1860, which Phase II awards to $750,000. Phase III is ceive less than four percent of all Fed- is at the desk. used to pursue commercial applica- eral research and development dollars. The PRESIDING OFFICER. The tions of the idea and cannot be funded This percentage has remained essen- clerk will report the bill by title. with STTR funds. tially unchanged for the past 22 years. The legislative clerk read as follows: I thank my friend from Missouri, Increasing funds for the STTR Pro- A bill (H.R. 1860) to reauthorize the Small Senator BOND and his staff and all of grams sends a strong message that the Business Technology Transfer Program, and the Members of the Senate Small Busi- Federal government acknowledges the for other purposes. ness and Entrepreneurship Committee contributions that small businesses There being no objection, the Senate for working with me and my staff on have and will continue making to gov- proceeded to consider the bill. this important legislation. I would also ernment research and development ef- Mr. KERRY. Mr. President, today I like to recognize the cooperation and forts and to our nation’s economy. rise to urge passage of H.R. 1860, the support from the House Small Business Mr. President, Senator KERRY and I Small Business Technology Transfer Committee, Chairman DON MANZULLO, have worked together to produce a Program Reauthorization Act of 2001. Ranking Member NYDIA VELAZQUEZ, sound, bi-partisan bill. This legislation H.R. 1860 passed the House of Rep- Subcommittee Chairman ROSCOE BART- is good for the small business high- resentatives on September 24, 2001. LETT and their staffs as well as Chair- technology community and will ensure This bill is a companion to my bill, co- man BOEHLERT and Ranking Minority that our Federal research and develop- sponsored by Ranking Member KIT Member HALL and their staffs on the ment needs are well met in the next BOND, S. 856 which passed the Senate House Science Committee for their decade. I trust that the bill will receive unanimously on September 13, 2001. work on this legislation. overwhelming support of my col- This legislation reauthorizes the Small Mr. President, I ask the Senate to leagues. Business Administration’s highly suc- pass H.R. 1860. Mr. REID. I ask unanimous consent cessful Small Business Technology Mr. BOND. Mr. President, I rise to that the bill be read the third time, Transfer Program for an additional urge my colleagues in the Senate to passed, and the motion to reconsider be eight years and doubles its size. Absent support H.R. 1860, the Small Business laid on the table, with no intervening legislative action to reauthorize the Technology Transfer Program Reau- action or debate. Small Business Technology Transfer thorization Act of 2001. This bill is The PRESIDING OFFICER. Without program, it will expire on September identical to S. 856, which passed the objection, it is so ordered. 30, 2001. Senate unanimously on September 13, The bill (H.R. 1860) was deemed read The STTR program funds research 2001. Subsequently, the House of Rep- the third time and passed. and development, R&D, projects per- resentatives amended its version of f formed jointly by small companies and this important legislation with the en- research institutions as an incentive to tire text of the Senate-passed bill, and DEFENSE PRODUCTION ACT advance the government’s research and it passed the House of Representatives AMENDMENTS OF 2001 development goals. It complements the yesterday on its Suspension Calendar. Mr. REID. Mr. President, I ask that Small Business Innovation Research, Our approval of this bill today will the Chair lay before the Senate a mes- SBIR, program, which was reauthor- clear the measure for the President to sage from the House of Representatives ized last year. The SBIR program funds sign it into law. on H.R. 2510 to extend the expiration R&D projects at small companies. The STTR Program was created in date of the Defense Production Act of STTR funds R&D projects between a 1992 to stimulate technology transfer 1950, and for other purposes. small company and a research institu- from research institutions to small The PRESIDING OFFICER laid be- tion, such as a university or a Feder- firms while, at the same time, accom- fore the Senate the following message ally funded R&D lab. STTR projects plishing the Federal government’s re- from the House of Representatives:

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9857 Resolved, That the House agree to the The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask unan- amendment of the Senate to the bill (H.R. clerk will report the resolution by imous consent that the resolution and 2510) entitled ‘‘An Act to extend the expira- title. preamble be agreed to en bloc, that the tion date of the Defense Production Act of The legislative clerk read as follows: 1950, and for other purposes’’, with the fol- motion to reconsider be laid upon the lowing House amendments to Senate amend- A resolution (S. Res. 163) designating the table, and that any statements relating ment: week of September 23, 2001, through Sep- thereto be printed in the RECORD. Page 1, line 3, of the engrossed Senate tember 29, 2001, as ‘‘National Ovarian Cancer The PRESIDING OFFICER. Without amendment strike ‘‘2002’’ and insert ‘‘2003’’. Awareness Week.’’ objection, it is so ordered. Page 1, line 7, of the engrossed Senate There being no objection, the Senate The resolution (S. Res. 118) was amendment strike ‘‘2002’’ and insert ‘‘2003’’. proceeded to the consideration of the agreed to. REVIEW OF DPA resolution. The preamble was agreed to. Mr. ENZI. Mr. President, I would like Mr. REID. I ask unanimous consent The resolution, with its preamble, to inquire of the Senator from Mary- that the resolution and preamble be reads as follows: land, Chairman SARBANES, as to the agreed to, the motion to reconsider be status of legislation reauthorizing the S. RES. 118 laid on the table, and any statements Whereas American Indians, Alaska Na- Defense Production Act? relating thereto be printed in the Mr. SARBANES. I thank the Senator tives, and Native Hawaiians were the origi- RECORD. from Wyoming for his question. The nal inhabitants of the land that now con- The PRESIDING OFFICER. Without stitutes the United States; Defense Production Act reauthoriza- objection, it is so ordered. Whereas American Indian tribal govern- tion that is awaiting further action in The resolution (S. Res. 163) was ments developed the fundamental principles the Senate would currently reauthorize agreed to. of freedom of speech and separation of pow- the act for two years and would make The preamble was agreed to. ers that form the foundation of the United a number of technical corrections. The resolution, with its preamble, States Government; Mr. ENZI. As the chairman is aware, Whereas American Indians, Alaska Na- reads as follows: I feel the DPA is an important tool for tives, and Native Hawaiians have tradition- supporting our national defense and for S. RES. 163 ally exhibited a respect for the finiteness of ensuring that our armed forces have Whereas 1 out of every 55 women will de- natural resources through a reverence for the latest equipment available, in a velop ovarian cancer at some point during the earth; her life; Whereas American Indians, Alaska Na- timely manner, and that they are pre- Whereas over 70 percent of women with tives, and Native Hawaiians have served with pared and able to defend our Nation’s ovarian cancer will not be diagnosed until valor in all of America’s wars beginning with interests. When used properly, the DPA the cancer has spread beyond the ovaries; the Revolutionary War through the conflict not only ensures military contracts are Whereas prompt diagnosis of ovarian can- in the Persian Gulf, and often the percentage filled in a timely manner, but it also cer is crucial to effective treatment, with of American Indians who served exceeded ensures that industries are protected the chances of curing the disease before it significantly the percentage of American In- from liabilities that could arise from has spread beyond the ovaries ranging from dians in the population of the United States being required to prioritize military re- 85 to 90 percent, as compared to between 20 as a whole; and 25 percent after the cancer has spread; quests ahead of other private agree- Whereas American Indians, Alaska Na- Whereas several easily identifiable factors, tives, and Native Hawaiians have made dis- ments. I am concerned, however, that particularly a family history of ovarian can- tinct and important contributions to the the DPA also has a number of possible cer, can help determine how susceptible a United States and the rest of the world in applications that may not be in the woman is to developing the disease; many fields, including agriculture, medicine, best interest of the United States. It is Whereas effective early testing is available music, language, and art; my fear that, in the name of national to women who have a high risk of developing Whereas American Indians, Alaska Na- security, the DPA can be used in a way ovarian cancer; tives, and Native Hawaiians deserve to be that creates a serious rippling effect on Whereas heightened public awareness can recognized for their individual contributions make treatment of ovarian cancer more ef- many other sectors of our Nation. The to the United States as local and national fective for women who are at-risk; and leaders, artists, athletes, and scholars; chairman is aware that I have sup- Whereas the Senate, as an institution, and Whereas this recognition will encourage ported just a one-year reauthorization Members of Congress, as individuals, are in self-esteem, pride, and self-awareness in of this act, and that I feel it is impor- unique positions to help raise awareness American Indians, Alaska Natives, and Na- tant that we conduct a complete re- about the need for early diagnosis and treat- tive Hawaiians of all ages; and view and reevaluation of the act to ment for ovarian cancer: Now, therefore, be Whereas November is a time when many make sure it gives the President the it Americans commemorate a special time in power he needs to conduct his business Resolved, That the Senate— the history of the United States when Amer- (1) designates the week of September 23, without exposing the rest of the nation ican Indians and English settlers celebrated 2001, through September 29, 2001, as ‘National the bounty of their harvest and the promise to possible abuse. Ovarian Cancer Awareness Week’; and of new kinships: Now, therefore, be it Mr. SARBANES. In light of U.S. na- (2) requests that the President issue a Resolved, That the Senate designates No- tional security needs, I feel Congress is proclamation calling upon the people of the vember 2001 as ‘National American Indian justified in extending the DPA’s au- United States to observe National Ovarian Heritage Month’ and requests that the Presi- thorization for two years. I am pre- Cancer Awareness Week with appropriate dent issue a proclamation calling on the Fed- pared, however, to work with the Sen- ceremonies and activities. eral Government and State and local govern- ator from Wyoming to review his con- f ments, interested groups and organizations, and the people of the United States to ob- cerns with the DPA when the Banking NATIONAL AMERICAN INDIAN Committee considers its future reau- serve the month with appropriate programs, HERITAGE MONTH ceremonies, and activities. thorization. Mr. REID. I ask unanimous consent Mr. REID. Mr. President, I ask unan- f that the Senate concur in the House imous consent that the Judiciary Com- NATIONAL PARENTS WEEK amendments to the Senate amend- mittee be discharged from further con- ment, and the motion to reconsider be sideration of S. Res. 118 and that the Mr. REID. Mr. President, I ask unan- laid on the table. Senate proceed to the immediate con- imous consent that the Judiciary Com- The PRESIDING OFFICER. Without sideration of S. Res. 118. mittee be discharged from further con- objection, it is so ordered. The PRESIDING OFFICER (Mr. sideration of S. Res. 150 and that the JOHNSON). Without objection, it is so f Senate proceed immediately to the ordered. The clerk will report the bill consideration of S. Res. 150. NATIONAL OVARIAN CANCER by title. The PRESIDING OFFICER. Without AWARENESS WEEK The legislative clerk read as follows: objection, it is so ordered. The clerk Mr. REID. I ask unanimous consent A resolution (S. Res. 118) to designate the will report the resolution by title. that the Judiciary Committee be dis- month of November 2001 as ‘‘National Amer- The legislative clerk read as follows: ican Indian Heritage Month’’. charged from further consideration and A resolution (S. Res. 150) designating the the Senate proceed to the immediate There being no objection, the Senate week of September 23 through September 29, consideration S. Res. 163. proceeded to consider the resolution. 2001, as ‘‘National Parents Week’’.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9858 CONGRESSIONAL RECORD — SENATE September 26, 2001 There being no objection, the Senate years ago. According to the National a genealogical journey by discovering who proceeded to consider the resolution. Genealogical Society, Connecticut, their ancestors were and how various forces Mr. REID. Mr. President, I ask unan- Delaware, Florida, Illinois, Massachu- shaped their past; imous consent that the resolution and setts, Michigan, Nevada, New Jersey, Whereas an ever-growing number in our Nation and in other nations are collecting, preamble be agreed to en bloc, that the New York, Ohio, Pennsylvania, South preserving, and sharing genealogies, personal motion to reconsider be laid upon the Carolina, and Virginia all passed ‘‘proc- documents, and memorabilia that detail the table, and that any statements relating lamations’’ in the last few years de- life and times of families around the world; thereto be printed in the RECORD. claring October as Family History Whereas 54,000,000 individuals belong to a The PRESIDING OFFICER. Without Month. family where someone in the family has used objection, it is so ordered. Within the last month some 14,167,329 the Internet to research their family history; The resolution (S. Res. 150) was people researched their family history Whereas individuals from across our Na- agreed to. and 24 million people have used the tion and across the world continue to re- search their family heritage and its impact The preamble was agreed to. Web and email to locate family or friends with whom they had lost touch. upon the history of our Nation and the The resolution, with its preamble, world; reads as follows: Researching ancestry is a very impor- Whereas approximately 60 percent of S. RES. 150 tant component to self identity. It can Americans have expressed an interest in Whereas parents play an indispensable role lead to long-sought-after family re- tracing their family history; in the rearing of their children; unions or allow for life saving medical Whereas the study of family history gives Whereas good-parenting is a time-con- treatments that only genetic links will individuals a sense of their heritage and a suming, emotionally demanding task that is allow. sense of responsibility in carrying out a leg- essential not only to the health of a house- At present there are some 2,500 gene- acy that their ancestors began; hold but to the well-being of our Nation; alogical societies in the United States Whereas as individuals learn about their ancestors who worked so hard and sacrificed Whereas without question, the future of that represent approximately one mil- our Nation depends largely upon the willing- so much, their commitment to honor their lion people. Genealogy is currently the ancestors’ memory by doing good is in- ness of mothers and fathers, however busy or 2nd largest hobby in the country and is distracted, to embrace their parental respon- creased; sibilities and to vigilantly watch over and very unique in that it crosses over all Whereas interest in our personal family guide the lives of their children; religions, ethnic backgrounds, and age history transcends all cultural and religious Whereas mothers and fathers must strive groups. Essentially, we are all immi- affiliations; tirelessly to raise children in an atmosphere grants to this country. Our ancestors Whereas to encourage family history re- of decency, discipline, and devotion, where came from different parts of the globe search, education, and the sharing of knowl- edge is to renew the commitment to the con- encouragement abounds and where kindness, and by searching for our roots, we affection, and cooperation are in plentiful cept of home and family; and come closer together as a human fam- Whereas the involvement of National, supply; ily. Whereas the journey into adulthood can be State, and local officials in promoting gene- perilous and lonely for a child without sta- Researching family history has now alogy and in facilitating access to family bility, direction, and emotional support; moved into the digital age with the ad- history records in archives and libraries are Whereas children benefit enormously from vent of the Internet. There has been an important factors in the successful percep- parents with whom they feel safe, secure, explosion of interest in family history tion of nationwide camaraderie, support, and and valued, and in an environment where online in fact genealogy internet sites participation: Now, therefore, be it adult and child alike can help one another are some of the most popular sites on Resolved, That the Senate— aspire to joy and fulfillment on a variety of (1) designates the month of October 2001, as the World Wide Web. My church, The ‘‘Family History Month’’; and levels; and Church of Jesus Christ of Latter-day Whereas such a domestic climate contrib- (2) requests that the President issue a utes significantly to the development of Saints, has family history information proclamation calling upon the people of the healthy, well-adjusted adults, and it is im- on nearly 500 million individuals on its United States to observe the month with ap- perative that the general population not un- family history Web site propriate ceremonies and activities. derestimate the favorable impact that posi- (www.familysearch.com). tive parenting can have on society as a I thank the 84 members who cospon- f whole: Now, therefore, be it sored this important resolution and SUPPORTING THE GOALS AND Resolved, That the Senate— urge all my colleagues to join with me IDEALS OF THE OLYMPICS (1) designates the week of September 23 in drawing attention to our human her- through September 29, 2001, as ‘‘National itage by voting for this resolution. Mr. REID. Mr. President, I ask unan- Parents Week’’; and Mr. REID. Mr. President, I ask unan- imous consent that the Judiciary Com- (2) requests that the President issue a mittee be discharged from further con- proclamation calling upon the people of the imous consent that the resolution and United States to observe such week with ap- preamble be agreed to en bloc, that the sideration of S. Res. 99, setting forth propriate ceremonies and activities. motion to reconsider be laid upon the the goals and ideals of the Olympics, and that the Senate proceed to the im- f table, and that any statements relating thereto be printed in the RECORD. mediate consideration of S. Res. 99. FAMILY HISTORY MONTH The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- objection, it is so ordered. objection, it is so ordered. imous consent that the Judiciary Com- The resolution (S. Res. 160) was The clerk will report the resolution mittee be discharged from further con- agreed to. by title. sideration of S. Res. 160 and that the The preamble was agreed to. The legislative clerk read as follows: Senate proceed to the immediate con- The resolution, with its preamble, A resolution (S. Res. 99) supporting the sideration of S. Res. 160. reads as follows: goals and ideals of the Olympics. The PRESIDING OFFICER. Without S. RES. 160 There being no objection, the Senate objection, it is so ordered. The clerk Whereas it is the family, striving for a fu- proceeded to consider the resolution. will report the resolution by title. ture of opportunity and hope, that reflects Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: our Nation’s belief in community, stability, and love; imous consent that the resolution and A resolution (S. Res. 160) designating the Whereas the family remains an institution preamble be agreed to en bloc, the mo- month of October 2001 as ‘‘Family History of promise, reliance, and encouragement; tion to reconsider be laid upon the Month.’’ Whereas we look to the family as an un- table, and that any statements relating There being no objection, the Senate wavering symbol of constancy that will help thereto be printed in the RECORD. proceeded to consider the resolution. us discover a future of prosperity, promise, The PRESIDING OFFICER. Without Mr. HATCH. Mr. President, I rise and potential; objection, it is so ordered. today in support of families and S. Res. Whereas within our Nation’s libraries and The resolution (S. Res. 99) was agreed archives lie the treasured records that detail 160 that dedicates October 2001 as Fam- the history of our Nation, our States, our to. ily History Month. communities, and our citizens; The preamble was agreed to. The concept of designating October Whereas individuals from across our Na- The resolution, with its preamble, as Family History Month began several tion and across the world have embarked on reads as follows:

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9859 S. RES. 99 desk, and I ask that the amendment be AN INTERNATIONAL CRIMINAL Whereas for over 100 years, the Olympic considered. COURT movement has built a more peaceful and bet- The PRESIDING OFFICER. The Mr. DODD. Mr. President, first of all, ter world by educating young people through clerk will report. I want to share with my colleagues my amateur athletics, by bringing together ath- The legislative clerk read as follows: letes from many countries in friendly com- expressions of gratitude to our Presi- petition, and by forging new relationships The Senator from Nevada [Mr. REID], for dent, President Bush, and his team as bound by friendship, solidarity, and fair Mr. WELLSTONE, proposes an amendment they have conducted the affairs of our play; numbered 1723. state over these last number of days Whereas the United States Olympic Com- The amendment is as follows: since the tragedy of September 11. As mittee is dedicated to coordinating and de- In the preamble, strike the second Whereas has been said over and over again, both veloping amateur athletic activity in the clause and insert the following: in this Chamber and elsewhere, they United States to foster productive working Whereas, according to a 1992 NIDA study, have done, I think, a superlative job. relationships among sports-related organiza- the direct and indirect costs in the United They have done so with the complete, tions; States for alcohol and drug addiction was Whereas the United States Olympic Com- $246 billion, in that year. total cooperation of the distinguished majority leader, Senator DASCHLE, the mittee promotes and supports amateur ath- Mr. REID. Mr. President, I ask unan- Democratic leader in the House, RICH- letic activities involving the United States imous consent that the resolution be and foreign nations; ARD GEPHARDT, along with Speaker agreed to, the amendment be agreed to, Whereas the United States Olympic Com- HASTERT and, of course, the minority the preamble be agreed to, as amended, mittee promotes and encourages physical fit- leader, Senator LOTT, and others. ness and public participation in amateur the motion to reconsider be laid upon The past days have been a wonderful athletic activities; the table, and that any statement re- expression of the kind of unity and sup- Whereas the United States Olympic Com- lating thereto be printed in the port that the country expected, and, I mittee assists organizations and persons con- RECORD. cerned with sports in the development of think, deserved. We are on the right The PRESIDING OFFICER. Without track, in my view. None of us knows, as athletic programs for amateur athletes; objection, it is so ordered. Whereas the United States Olympic Com- the President said so eloquently just a mittee protects the opportunity of each ama- The amendment (No. 1723) was agreed few feet from here in the other Cham- teur athlete, coach, trainer, manager, ad- to. ber almost a week ago, if we can say ministrator, and official to participate in The resolution (S. Res. 147) was with any certainty what course this re- amateur athletic competition; agreed to. sponse of ours will take or how long it Whereas athletes representing the United The preamble, as amended, was will take—but we know the outcome. States at the Olympic Games have achieved agreed to. great success personally and for the Nation; And the outcome for certain is that de- mocracy will trump terrorists. It may Whereas thousands of men and women of f the United States are focusing their energy take us weeks or months—even years— and skill on becoming part of the United but I stand with those who say that in States Olympic Team and aspire to compete CONDEMNING BIGOTRY AND VIO- the final analysis, maybe long after in the 2002 Olympic Winter Games in Salt LENCE AGAINST ARAB-AMERI- those of us who are Members of this Lake City, Utah; CANS, AMERICAN MUSLIMS, AND Chamber today are gone from our serv- Whereas the Nation takes great pride in AMERICANS FROM SOUTH ASIA ice here, we will prevail. And to those the qualities of commitment to excellence, Mr. REID. Mr. President, I ask unan- grace under pressure, and good will toward who share our values and commitment other competitors exhibited by the athletes imous consent that the Judiciary Com- to the eradication of international ter- of the United States Olympic Team; and mittee be discharged from further con- rorism, we stand with them. Whereas June 23, 2001 is the anniversary of sideration and the Senate proceed to So it is with that as a backdrop, in a the founding of the modern Olympic move- the immediate consideration of H. Con. way, that I rise to speak this after- ment, representing the date on which the Res. 227. noon, because I was so disheartened to Congress of Paris approved the proposal of The PRESIDING OFFICER. Without be in my office a little while ago to Pierre de Coubertin to found the modern objection, it is so ordered. The clerk hear the proposal of an amendment or Olympics: Now, therefore, be it will report the concurrent resolution two that would be offered next week to Resolved, That the Senate— (1) supports the goals and ideals of the by title. the Department of Defense authoriza- Olympics; The legislative clerk read as follows: tion bill. (2) calls upon the President to issue a proc- A concurrent resolution (H. Con. Res. 227) I listened just about 2 hours ago to lamation recognizing the anniversary of the condemning bigotry and violence against my President speak to the employees founding of the modern Olympic movement; Arab-Americans, American Muslims, and of the Central Intelligence Agency, and Americans from South Asia in the wake of along with George Tenet, the Director. (3) calls upon the people of the United terrorist attacks in New York City, New The President’s words were once again States to observe such anniversary with ap- York, and Washington, D.C., on September eloquent, and certainly captured my propriate ceremonies and activities. 11, 2001. feelings, my sense of gratitude to the f There being no objection, the Senate men and women who work in our intel- NATIONAL ALCOHOL AND DRUG proceeded to consider the concurrent ligence-gathering agencies for the tre- ADDICTION RECOVERY MONTH resolution. mendous job they do, under tremen- Mr. REID. Mr. President, I ask unan- dous pressures, with tremendously high Mr. REID. Mr. President, I ask unan- imous consent that the concurrent res- imous consent that the Judiciary Com- expectations. olution be agreed to, the preamble be The President, once again, reminded mittee be discharged from further con- agreed to, the motion to reconsider be his audience there, as he has the Amer- sideration of S. Res. 147 and that the laid upon the table, and that any state- ican audience, and the audience of this Senate proceed to its consideration. ments relating thereto be printed in world, that the ultimate outcome of The PRESIDING OFFICER. Without the RECORD. this effort we are now undertaking will objection, it is so ordered. The PRESIDING OFFICER. Without absolutely, without any equivocation, The clerk will report the resolution objection, it is so ordered. depend upon international cooperation. by title. The concurrent resolution (H. Con. The idea, somehow, that the United The legislative clerk read as follows: Res. 227) was agreed to. States, with all of our strength—eco- A resolution (S. Res. 147) to designate the The preamble was agreed to. nomically, militarily—will be able uni- month of September of 2001 as ‘‘National Al- The PRESIDING OFFICER. The Sen- laterally to seek out, find, and destroy cohol and Drug Addiction Recovery Month.’’ ator from Connecticut. international terrorism is a myth. There being no objection, the Senate Mr. DODD. Mr. President, I ask unan- I know there are those who suggest proceeded to consider the resolution. imous consent to speak in morning we may be left with no one else but AMENDMENT NO. 1723 business. ourselves to deal with this. That may Mr. REID. Mr. President, Senator The PRESIDING OFFICER. Without be the case. I doubt it, but it may be WELLSTONE has an amendment at the objection, it is so ordered. the case. But the idea that somehow we

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9860 CONGRESSIONAL RECORD — SENATE September 26, 2001 are going to be able to, on our own, go we turn around and walk away from an ence where we might have been able to after terrorism, in what the President institution which could make a signifi- bring a thug like Adolf Hitler to jus- has described as at least 60 other na- cant contribution to dealing with this tice. He would often say the existence tions that harbor these groups, is to- problem, I find it stunning. My fervent of a criminal tribunal that could take tally a myth. What is going to be abso- hope would be if, for whatever reason, the Hitlers and Milosevics to task lutely essential, if we are going to suc- this matter, as it is presently struc- might just have avoided the problems ceed—and I have no doubt we will—in tured, comes up for a vote, that we that later emerged. dealing with this problem, for however would vote against it. It is stunning to me, as I have said long it takes, will be cooperation by I do not know what vehicles may be already, that at this very moment our allies, by friends, by even some available to me, but I am going to where we have watched the most sig- who may not be our friends today but strenuously object to the idea we nificant and historic attack on inno- who share the common goal of eradi- would consider such a proposal. God cent civilians in our Nation’s history, cating the scourge of terrorism. knows that the horrific acts we wit- and where we are calling with one That is going to require a herculean nessed 2 weeks ago suggest that an voice for international cooperation to effort, on behalf of our people, by very international forum for bringing to jus- help find not only those responsible but bright, sophisticated leaders. I happen tice those who commit terrorist acts or to develop a system that would mini- to think we have those leaders. I have acts against humanity is now more mize these events from occurring great confidence in General Colin Pow- needed than ever. again, that we might take a step away ell, the Secretary of State. We have not Let me step back a little bit in his- from the establishment of a forum that always agreed over the years on var- tory, if I can. It was the United States, would be a place where those who are ious matters, but he is a patriot, a per- at the end of World War II, under our responsible could be brought to a bar of son who understands the kind of world leadership, that created the U.N. sys- justice. We saw the difficulty that occurred in which we live. tem. With all of its warts, with all of I think Don Rumsfeld demonstrated, its shortcomings, with its mounds of when we finally were able to determine beyond any question of a doubt, his bureaucracy that infuriate from time who was responsible for the terrorist courage and patriotism on September to time, I do not know of any sensible attack on Pan Am Flight 103, and we 11, as he stayed in the bunker of the person who believes that the world know how hard it was to find a forum Pentagon during the assault on that would be a safer or better place in the where those people could be tried. It ul- timately took a Scottish court and sig- institution. absence of that building on the East I have no doubt that Condoleezza River in New York, where the world nificant negotiations to bring those Rice too will serve our country well—I can gather to resolve, or attempt to re- criminals to justice. Had we had an continue down the list. I think these solve, some of the most difficult dis- International Criminal Court as we do today in the Hague for other such mat- are not just good people, they are putes and problems we face. It has not ters, we might have had a forum where bright people. They are competent peo- solved all of them by any stretch—and that matter could have been resolved ple who can do a good job to go out and I can’t prove a negative; I don’t know without going through the difficulties develop and build those relationships. how many were avoided because of its Whether this problem is solved dip- we saw. existence—but I happen to believe that One of the arguments that has been lomatically, militarily, or by a com- most people—reasonable people—be- raised is that we don’t want young men bination of the two, it is going to re- lieve that the establishment of a U.N. and women in uniform, who are going quire international cooperation. system has been a worthwhile endeav- out today to the far corners of the Mr. President, why do I focus on this? or. It has made the last 50 years, with world to deal with this issue, to be ap- Because I hear that we are about to all of its various problems around the prehended and tried before some kan- vote and consider an amendment to the globe, a safer 50 years than it would garoo court. I do not want that either. Department of Defense authorization have been had that institution not ex- But whether we are a part of drafting bill that would absolutely prohibit the isted. this agreement or not, it may get es- United States from being involved in What a great irony it is that the very tablished—in fact, it is likely to—with- developing a court of international jus- people who understood the value of out our participation. And our young tice, an international criminal court. having a U.N. system—people such as men and women in uniform are going I cannot believe that at this hour General George Marshall, people such to be subjected to that jurisdiction this great body of the U.S. Senate is as Harry Truman, people who came whether we like it or not. about to go on record, at the very mo- after in terms of the wisdom of our for- The fact that we are not a signatory ment we are asking the world to join eign policy, the John Foster Dulles gi- to the court doesn’t mean that some- us in apprehending the thugs and ants, who said we really do need to es- how our servicemen and women are ex- criminals who took 6,000 lives in New tablish these forums to try to act as a empt from its jurisdiction. All it means York and several hundred here in buffer, as a place where some of these is that when we retreat from helping Washington, that this Chamber, this efforts can be resolved without using craft this court our ability to structure body, this Government, at this hour, the historic means of resolution; and it in a way that would minimize the would say we will have nothing to do that is armed confrontation—how iron- threat of innocent men and women in with the establishment of an inter- ic, indeed, that this great Nation, uniform being brought before it is national criminal court. So I come to which fought tooth and nail to estab- gone. The message we are sending right the Chamber to express my outrage lish the U.N. system, the genocide con- now is that we are going to walk away that we might consider such a pro- vention is now shirking its inter- from this process and leave our young posal. I do not object to the notion national duty. men and women subjected to the poten- that, as presently crafted, the treaty of In fact, you will forgive me if I in- tial vagaries of such a court because we the Rome statute, which would estab- dulge in a little personal observation. do not want to be involved in the dis- lish the court, is flawed. In fact, if, for As some of my colleagues here are cussions surrounding its creation. some reason, miraculously the proposal aware, I was a 1-year-old child in 1945 This amendment is called, ironically, were brought to this Senate Chamber when my father left my mother and the American Servicemen’s Protection this afternoon, and I were asked to five of us to go to a place called Nur- Act. It is anything but. The establish- vote on it as is, I would vote against it emberg where for the next year and a ment of this amendment places our because it is a flawed agreement. But half he was an executive trial counsel men and women in uniform in greater that is not to say we should not stay at at the first Nuremberg trials. jeopardy than they would be if we were the table to try to work it out so that I grew up as a child, after my father to participate in trying to develop the it becomes a viable product which we returned, hearing about what that tri- structures of this court to minimize can support and gather behind. bunal had tried to accomplish, what it problems. So when I hear, on the one hand, how had been able to do, and how my father We are simply sticking a finger, at we need to develop international co- in many ways regretted there had not the very hour we ought to be doing oth- operation to go after these people, and been in the 1930s such a forum in exist- erwise, in the eyes of our friends.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9861 Clearly, war criminals and terrorists don’t want to have to go through all ence and the Bill of Rights and the must be thrilled at the notion that an sorts of walls and metal detectors to Constitution, then we need to under- international bar of justice continues get in to visit some friends. I want my stand and hear those voices out there to be blocked by their arch enemy, the country to still be a free and open who cry out for some leadership, cry United States of America. place. I want us to be engaged in the out for advocates. We ought to step I am prepared to take whatever steps world. You can’t be a gated community back and look and see whether or not I can in the next few days to see to it in the international sense and also be a our short-term policy needs are satis- that this amendment is defeated. It major player globally and economi- fying the long-term security needs of was in this very Chamber on the night cally. You certainly are not going to be the Nation. of September 10 that I stood and ob- successful in going after terrorists if We must also come to grips with the jected to the Craig amendment, which you decide we are going to become a Muslim faith. That doesn’t mean try- eliminated all funding for us to get in- gated community and retreat from ing to keep secular governments in volved in establishment of this court. I international agreements. Then the place in countries where the will of the was urged not to ask my colleagues for terrorists victory is vastly in excess of people is otherwise. It means beginning a recorded vote. I didn’t. I regret so what it was on September 11. to understand the underlying premises now. That day they destroyed buildings of that faith, and by conveying our re- Within less than 24 hours of that and took lives and we will never forget spect. It means a commitment by our night, we saw an international act of their actions. But if beyond that they Government to spend resources so that terrorism take the lives of many of our are also able to do things to cause us to we understand them better. fellow citizens. I am not suggesting the walk away from international agree- That is what President Kennedy was adoption or the defeat of that amend- ments and create that gated commu- trying to do when he created the Peace ment would have changed the course of nity here at home, then their victory is Corps 40 years ago. The Peace Corps is history, but how ironic that on the eve far beyond the terrible success they a wonderful organization. I was proud of the September 11th attack, this body had only a few short days ago. to have been a member of the Peace went on record as saying we are not I hope my colleagues over the week- Corps some 35 years ago. However, it even going to finance a commission of end will give some thought to this has not been as active, in my view, as the United States to go in and try and amendment. Don’t be deceived by the it could have been, particularly in Mus- improve the Rome treaty, to try to title. It is anything but protecting our lim countries where we might have make it more workable and more ac- service men and women. been better served by having hundreds ceptable to the United States. Finally, it seems to me that it is of thousands of young Americans work- That amendment was adopted as part time to be honest with ourselves about ing in those poor communities. of the State-Justice-Commerce appro- why international terrorism has be- It is not an easy task for the Peace priations bill. The question now is come such a growing threat. We need Corps to go everywhere, but the focus whether or not we are going to take only look into the oppressed faces of should be on those areas where the the language under this so-called citizens of some of the governments need is the greatest like Afghanistan American Servicemen’s Protection Act we, frankly, have supported despite and Pakistan and Indonesia. Taking and incorporate it as part of the De- their less than acceptable treatment of the time to recruit the people with the partment of Defense authorization bill. their own citizenry over the years. The language skills and ability and knowl- I am disheartened because I under- children, teenagers, of many of these edge of these cultures could do an stand that the administration, despite countries grow up hating their leaders awful lot to change some of the anti- the fact they had expressed some oppo- and, frankly, our own country for keep- American attitudes we see, in my view. sition to such an approach only a few ing them in power, supporting them as We should be getting started now so days ago, has now decided to give their they stay in power. These young people that in the aftermath of the military endorsement to this proposal in ex- become foot soldiers who are all too actions we are going to take, particu- change for which apparently the Re- readily persuaded by the likes of the larly in some of the Muslim countries, publican leadership in the House are Osama bin Ladens of this world that vi- we will be ready to show a different going to release the U.N. arrearages. olence is the answer to their griev- face of our country, one that isn’t sim- That is the tradeoff apparently. ances. And I would hope, as we analyze ply militarily strong, but one that also To their credit, the administration what we need to do at home to protect incorporates justice and humanity and has negotiated some waiver authority our security and how we can play a respect for religious faiths, in accord- in these proposals. But the overall mes- more constructive role internationally ance with the true principles deeply sage we are sending to the inter- and build those coalitions that are es- imbedded in our own value systems national community is a terrible one, sential for our long-term success in that call for the exercise of freedom in in my view. On the one hand, the Sec- overcoming this threat, that we also our own Nation. retary has called on everyone to stand take time to stand up to some of these It is time to take a hard look at our with us, while on the other hand, we regimes and be on the side of humanity path. Yes, we need to act in the coming are once again suggesting that we can everywhere. days to address the immediate threats, go it alone. It is contradictory, to say Our Founding Fathers did not only as I mentioned already—the challenges the very least. talk about those in the United States confronting our Nation in the inter- It is just like the approach we have when they talked about inalienable national community that stem from taken on too many other issues. I rights; they wisely wrote about all peo- the tragedy at the World Trade Center won’t go into all of them here. But if ple, not only those who lived within and our Pentagon. But we have to take we are going to be asking the world to the borders of the then-Thirteen Colo- a longer and harder look at those ac- cooperate, we have to send a better nies of what would constitute the tions at home and abroad that will message on some of these other issues. United States. They spoke to the aspi- make not only ourselves safer, but the I favor increased security measures rations and hopes of other people as world safer for our citizens and the here at home as well as additional au- well. citizens of this globe. thorities for law enforcement. I will We are that legacy, if you will. We History will judge how we act, not take a back seat to no one in our com- are the generations that will come only in the short term, protecting our mon determination to improve the after to perpetuate those very values. shores, which is our primary responsi- quality of safety in this country. But This is a vastly different world than bility, but also the kind of framework as all of my colleagues, I believe it those who founded this country faced. we establish and the kind of reaching ought to be done thoughtfully so that Today, we are talking about billions of out that will be necessary. So when the we don’t wake up one day and find that people around the globe, and about a history of our generation is written on our Nation as we know it exists no nation whose power is vastly in excess how we responded to this great crisis longer. of what is was 220 years ago. If we are at home, historians will write about a I don’t want my country to become a going to live up to the ideals incor- great nation that did not close its gated community internationally. I porated in the Declaration of Independ- doors and create a gated community,

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9862 CONGRESSIONAL RECORD — SENATE September 26, 2001 but truly reached out to the inter- I want to acknowledge the leadership stinct to succeed in this silent war. national community and respected the that I have seen in this body in a way Hopefully, on September 11, we closed rights of all human beings and made an that I never thought I would. I am cer- for good that chapter in our relation- effort to understand the grievances tain that most people in my State and ship. that built up in the ranks of these in many States don’t completely really There are many things that make me madmen terrorists that allowed them understand yet the extraordinary proud about this Defense authorization to carry out their savage attacks as length to which the Members of this bill that we have been debating and they did on the World Trade Center and body, both Democrats and Republicans, will hopefully conclude that debate the Pentagon. That is a complicated have worked to overcome some very when we reconvene next week, but one task. difficult issues in trying to work so of the things that makes me proudest The world is looking to us. We are closely with the President, and have about this year’s Defense authorization the greatest power on the face of the done this in a remarkable way under bill is that even before the events of Earth—economically, politically, and his tremendous leadership, as the Sen- the 11th, we understood the importance militarily. They are looking to see how ator from Connecticut also pointed of our relationship with Russia. Sen- we respond to this. If next week we out. ators Nunn and LUGAR deserve the adopt amendments here that walk I think we have made great progress thanks of the whole of the American away from international criminal in the last 2 weeks, since September 11. public for their extraordinary fore- courts, and we just go in militarily and We are on the right track and at the sight. They realized that at the end of don’t understand what is behind some right pace. We just have to steady our the cold war, in the tremendous vacu- of these reactions we are seeing in course and continue to support our um that was created, we needed to be these places, then I think history will President and debate where we need to aggressive in forming a new relation- judge us harshly. So our first responsi- and not give up our right to judgment, ship with Russia. It would not be a re- bility is to protect our citizens—not and do it in a way that will strengthen lationship based on fear, deception, and just the generation we presently rep- our country and will honor the spirit suspicion. Rather, it would be a rela- resent, but the generations we also rep- that Americans everywhere are show- tionship grounded in our common his- resent who are yet unborn whose very ing us around the world and move for- tory, our common roles as great pow- fate may be determined by the actions ward to win this war. ers, and our mutual interest in estab- we take in the coming days. I want to spend a few minutes before lishing a world where our citizens I have no doubt that President we close today speaking about an im- could flourish. George Walker Bush and his team are portant part of this effort, an impor- The only way forward to this goal is not only competent but are dedicated tant part of the Defense authorization up the trail blazed by Senators Nunn and have the ability to lead us. They bill, which we have been engaged in de- and LUGAR. The Cooperative Threat have a Congress and a nation that bating now under the great leadership Reduction Program sponsored by the Department of Defense has been under wants to follow them. of Senator LEVIN from Michigan and I only urge that they act wisely and the Senator from Virginia, Senator assault in this Congress since I joined the Armed Services Committee. It was not cut deals and make arrangements WARNER. derided as welfare to ex-Communists. for short-term success that could do In my mind, the cold war finally We slashed and hamstrung the pro- our Nation some very long-term harm. ended at 8:45 a.m. eastern time on I yield the floor. Tuesday, September 11. Literally, up grams, claiming to react to mis- The PRESIDING OFFICER. The Sen- until that moment, this Congress had management. With the hard work of my friend and ator from Louisiana is recognized. engaged in something akin to shadow- now partner, Mr. ROBERTS, the Senator Ms. LANDRIEU. Mr. President, I ask boxing. from Kansas, we reversed that trend unanimous consent to speak as in We swung our arms about in search this year. The subcommittee mark for morning business. of enemies, and in search of a unifying the Emerging Threats included full The PRESIDING OFFICER. Without purpose to our national security. Yet funding for the Cooperative Threat Re- objection, it is so ordered. in life, it is often tragedy and crisis duction Program at $403 million. Of that lifts the fog from our eyes. Sud- f these funds, $50 million is dedicated to denly, we see the world with crystal- chemical demilitarization of the Soviet COOPERATIVE THREAT like clarity. We understand better that REDUCTION Union. which is trivial and that which is abso- The facts before us should be crystal Ms. LANDRIEU. Mr. President, let lutely essential. We look back on our clear to everyone. There should be no me begin by thanking my colleague for priorities before this crisis, and I think more urgent priority for this country those eloquent and passionate and in- many of us have been shaking our than to secure and destroy the chem- sightful remarks, and for his extraor- heads wondering: What could we pos- ical, biological, and nuclear stockpiles dinary leadership, not only in this time sibly have been thinking? of the former Soviet Union. but as he shows throughout all of our One truth that should now be evident On that exact point, there was a work in Congress. I thank him for his to America’s collective world view is beautifully written op-ed piece by guidance on this issue which is so im- that we need a strong and practical re- former Senator Sam Nunn of Georgia. I portant. I look forward to joining him lationship with Russia. There is a bond ask unanimous consent to print the op- on this issue when we reconvene next between the United States and Russia ed in the RECORD. week. that defies coincidence. Of course, we There being no objection, the mate- Mr. President, as the Senator from share the common experience of the rial was ordered to be printed in the Connecticut so eloquently spoke about cold war. It was not a pleasant experi- RECORD, as follows: for the last half hour or so—about the ence, it was not a good experience, but [From the Atlanta Journal-Constitution, importance of alliances at this time, it was an experience that we shared. Sept. 16, 2001] the importance of international alli- Now it appears we will share the expe- LIVING IN A NEW ERA OF INSECURITY ances, the extraordinary opportunity rience of fighting in Afghanistan. (By Sam Nunn) that has been given to us out of this Russia itself has been attacked by The bitter events of last week will never tragedy to build a new framework of terrorists, supported by elements of pass from the American memory. But wheth- mutual trust and mutual cooperation the Arab Afghan army, the very force er they are remembered as an isolated, for the benefit of all citizens of this that we trained during the cold war unrepeated horror or the first nightmare in a world who love freedom, who hope for a and now has unleashed its terror upon new era of insecurity may well depend on better life, who want only for them- us. what we do now. selves, their children, and their grand- In short, our countries have a history The terrorists who planned and carried out the attacks of Sept. 11 showed there is no children to live free of oppression, free of lashing out at each other. Yet when limit to the number of innocent lives they from fear, free from hunger, free from we do, we inevitably hurt ourselves. It are willing to take. Their capacity for kill- want, it is really an extraordinary is an instinct we learned during the ing was restricted only by the power of their time. cold war, but we must unlearn that in- weapons.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9863 As we strengthen airport and airplane se- Prevent terrorist groups from getting nu- Today we fund the Cooperative curity, we must automatically assume that clear, biological or chemical weapons, weap- Threat Reduction Program at $403 mil- the next attack against America will be like ons materials and know-how. lion a year. We spent 100 times that the one we just experienced. Eliminate terrorist cells wherever they amount of money in 1 day to respond Though we may not yet know with cer- are, including in the United States. tainty which group sponsored these attacks Enlist the support of our coalition partners to the attacks on the World Trade Cen- we do know that Osama bin Laden declared to destroy the infrastructure and cut off the ter and the Pentagon. in 1998 that acquiring weapons of mass de- funding of terrorist groups wherever they Let me repeat that. Today we fund struction is ‘‘a religious duty.’’ This state- are. this Cooperative Threat Reduction ment should not be taken lightly. We have Make no distinction between the terrorists Program at $403 million a year. We had a look at the face of terrorist warfare in who committed these acts and those who spent 100 times that amount in 1 day to the 21st century, and it gives us little hope knowingly harbor them, as President Bush deal with the crisis that hit us at the that if these groups gained control of nu- has said. World Trade Center and the Pentagon 2 clear, biological and chemical weapons they Take every feasible and reasonable step in weeks ago. would hesitate to use them. our military planning to avoid inflicting As America prepares a response, we must large numbers of civilian casualties that will Keep in mind that this is the imme- build a new framework for national security only sow the seeds of the next generation of diate cost only to the stabilization, that protects us from the full range of new fanatical, suicidal terrorists. rescue, and cleanup of these sites. We dangers we face. Make it clear by our words and actions will be spending billions more. Ten years ago a communist empire broke that our war is against terrorist, not a war Now imagine the cleanup costs that apart. Its legacy: 30,000 nuclear warheads; against Islam at home or abroad. result from an attack by a weapon of more than 1,000 tons of highly enriched ura- Continue to address the underlying con- mass destruction. As horrific and as nium; 150 tons of plutonium; 40,000 tons of flicts and condition around the world that heartwrenching and as merciless as chemical weapons; 4,500 tons of anthrax and breed fanatical hatred and terrorism—prob- were the attacks and the casualties tens of thousands of scientists who know ably our most difficult challenge. how to make weapons and missiles but don’t Promote and enhance the diplomacy, intel- from those attacks on September 11, a know how to feed their families. Russia’s ligence gathering and cooperation that are weapon of mass destruction promises dysfunctional economy and eroded security our first line of defense. to be a whole scale of magnitude worse. systems have undercut controls on these In implementing this strategy, we must The devastation could be beyond our weapons, materials and know-how and in- make sure that we don’t undercut the inter- imagination. creased the risk that they may flow to hos- national cooperation we need to protect our- Yet there have been many reports on tile forces. selves against a wide range of dangers. this subject. The Baker-Cutler report Our nation understands from heart-shat- The United States cannot identify and notes that we need to spend, in their tering experience that America is targeted eliminate terrorist groups, destroy their estimation, nearly $30 billion to ad- for terrorist attack. But we do not fully funding and support, apply pressure to rogue grasp how Russia’s loose controls over weap- regimes, secure dangerous materials, limit dress just the nuclear side of this equa- ons, materials and know-how dramatically the spread of weapons of mass destruction tion over the next 8 to 10 years. At our increase our vulnerability to an attack with and gather intelligence without the support current rate of $3 billion a year, that nuclear, biological and chemical weapons. In and active cooperation of allies and former would require a tenfold increase. 1998, an employee at Russia’s premier nu- adversaries. While we must be prepared to Furthermore, it is my opinion that clear weapons laboratory was arrested for act alone if necessary, if we are going to go we cannot wait 8 to 10 years, and we trying to sell documents on weapons design after terrorists before they come to our must address all weapons of mass de- to agents of Iraq and Afghanistan. Just this shores, we must have partners abroad. struction in a more direct, focused, ur- year, former Bin Laden associate admitted We must develop a comprehensive defense gent, and intelligent way. to a federal grand jury his role in a plot to against the full range of threats, based on All of this is a long way of saying purchase uranium. relative risk and supported by strong alli- Threats of terrorism and threats of weap- ances so that the pain of today will not be that Russia’s stockpiles of weapons of ons of mass destruction are not separate but known by the children of tomorrow. mass destruction constitute a vital na- tional security interest second to none. interrelated and reinforcing. The world’s se- Ms. LANDRIEU. Mr. President, I No resource should be spared, no bu- curity now depends in great part on who is want to quote a few sentences from faster and smarter—those trying to get reaucratic hurdle left standing, no dip- this beautifully written piece. He says: weapons, materials and know-how, or those lomatic initiative left unexplored to trying to stop them. The terrorists who planned and carried out eliminate the risk these weapons rep- To reduce these threats to our own secu- the attacks of Sept. 11 showed there is no resent. limit to the number of innocent lives they rity, we have—for the past 10 years—helped The preamble of our Constitution the Russians secure weapons and weapons are willing to take. Their capacity for kill- materials to prevent theft, convert nuclear ing was restricted only by the power of their makes it incumbent on this Congress weapons facilities to civilian purposes and weapons. to ‘‘provide for the common defence employ their weapons scientists in peaceful Though we may not yet know with cer- . . . and secure the Blessings of Liberty pursuits. But we need to do much more. tainty which group sponsored these attacks, to ourselves and our Posterity.’’ If we Russia itself has experienced terrible ter- we do know that Osama bin Laden declared take the lessons learned from Sep- rorist attacks in recent years, and its out- in 1998 that acquiring weapons of mass de- tember 11 and destroy these weapons, pouring of support in the past few days indi- struction is ‘‘a religious duty.’’ This state- we will have done ourselves and our cates there may be a real opportunity for en- ment should not be taken lightly. We have posterity a great service. hanced U.S.-Russia cooperation. had a look at the face of terrorist warfare in As we embark on this extended and Early this year, a distinguished bipartisan the 21st century, and it gives us little hope task force declared loose weapons, materials that if these groups gained control of nu- silent war against terrorism, I believe and know-how in Russia ‘‘the most urgent clear, biological and chemical weapons they that nonproliferation represents one of unmet national security threat to the United would not hesitate to use them. the true front lines. If we lose the mo- States,’’ and called for a fourfold funding in- As America prepares a response, we must mentum necessary to destroy these crease to reduce these threats. We need to build a new framework for national security stockpiles now, the outcome of this reflect this sound advice in our budget prior- that protects us from the full range of the war must be in doubt. ities. Keeping weapons of mass destruction new dangers we face. I know the American people under- out of terrorists’ hands is either a priority or Mr. President, we cannot, we should stand the heavy costs we will have to an afterthought. If it is an afterthought, not try, it would be foolhardy to begin bear. This is surely one of those costs, after what? The tragic events of this week have given to try to build this framework without but I am confident, because I have seen us a rare opportunity to lead a world coali- a strong partnership with Russia. on the faces of Americans everywhere— tion against terrorism. NATO, for the first We know of nearly 400 incidents to people in my home State, children who time in 52 years, has formally declared that purchase or smuggle this material have stopped to talk with me, friends the alliance has been attacked, and 19 de- since the end of the cold war. We can who have called, strangers who have mocracies are now committed to join Amer- safely assume that for every purchase walked in my office and left notes and ica in hitting back. We also have other part- or smuggling operation we stopped— missives, telephone calls I have re- ners in Europe Asia, the Middle East, Latin America, and Africa. and we stopped many—others suc- ceived—that the American people are To carry out the Bush Administration’s ceeded. Yet the technology and frame- ready, they are united, they are will- declaration of war against terrorism, we work for locking down these stockpiles ing, strong enough, and without fear to must: is within our grasp. accomplish this goal.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9864 CONGRESSIONAL RECORD — SENATE September 26, 2001 I believe there are a variety of an- in a boating accident last year at the new public course in southern New Jersey, swers to that question when people age of 15. So the Sezna family has been just down the road from Pine Valley. ask: When will we know this war has struck twice by the sudden, tragic ‘‘Dad,’’ Deeg would sometimes ask, ‘‘do you think someday I’ll be Pine Valley mate- been won? I will say this: One of the death of a healthy, vibrant and much rial?’’ Augusta National, Cypress Point, best indications of whether or not we loved son, brother and grandson. Like Seminole, Pine Valley. Those are the four sa- are winning this war is our success in so many of our fellow citizens, they cred corners of the shawl that wraps private- cooperative threat reduction. The were so full of life, and then they were club golf in the U.S. For many of its mem- struggle is on, but this is an objective gone. bers, Pine Valley is the ultimate sanctuary, that freedom-loving people must take As inconceivable as the tragedy is, Davis Sezna, 48, is one of those members. and hold. even more remarkable to me is the way Deeg was employed by another Pine Valley I have every confidence the Members in which the Sezna family has re- member, Jimmy Dunne, a managing prin- cipal at Sandler O’Neill & Partners, a finan- of this body, both Democrats and Re- sponded to loss that would cripple cial-services company. The father made the publicans, regardless of their views, many people’s faith and spirit. When introduction, but from there the son was on will understand, and with new insight Deeg was still listed as ‘‘missing,’’ they his own. Dunne and Deeg played a round of will appreciate, because of the tragedy held onto hope as long as they could, golf together. Golf reveals a man; that’s that is before us, the urgency of this joining the legions of loved ones in New what Dunne believes, Davis Sr. does too. subject. I am looking forward to doing York, searching hospitals and talking ‘‘Golf’s a great interview,’’ he says. Later my part, with other committees that with the rescue workers and local offi- Deeg came into the office for a sit-down obviously have influence in this area, cials, determined to do everything they meeting with Dunne and the firm’s other principals. Deeg was wearing a suit. He was to work across party lines, to work humanly could, and asking for God’s serious, energetic, respectful. He was offered with House leaders, to work with men help, for themselves and for others. As a job. and women who have served before in Davis said then, ‘‘It would be very self- ‘‘Can I start on May 14, Mr. Dunne?’’ Deeg this body, who have quite an expertise ish at a time like this for anyone to asked. In other words, graduate from Van- in this area, as well as our private sec- just pray for themselves. We need to derbilt on a Friday, take the weekend off, tor, think-tanks, our universities, to pray for all of us. We’re not in this then begin work on Monday. put all of our best thoughts and efforts ‘‘No, you cannot,’’ Dunne answered. ‘‘Take alone.’’ the summer off. Kiss a pretty girl. You don’t in action and to be focused as a laser so When it became undeniable that ev- have to call me Mr. Dunne, and you don’t we can provide for the common defense erything had been done, and that there have to wear a suit.’’ of this Nation, the common defense of was no more hope of bringing Deeg Deeg took the summer off. He started work civilizations and freedom-loving people home alive, his family continued to the day after Labor Day. Wore a suit every around the world, and that Americans reach out to others. This grieving fa- day. Called his boss Mr. Dunne. He will make will do what Americans do best, which ther, who had been in the boat accident it here doing something, Jimmy Dunne re- is to put our best foot forward with in which his youngest son was lost and members thinking. Banker, trader, sales- man, something. On Sept. 11, Deeg’s sixth clarity, with commitment, with pur- who had been on the streets of New day on the job, he arrived for work a little pose, with the practical way that York searching for his oldest son, this after seven. Americans move forward to take on man, who had more reason to feel de- Deeg’s father works in golf. He’s an owner this task and to do it well. I am con- spair and rage and fear and to just give of a busy public course outside Philadelphia, fident that as we do, we will be success- up than almost anyone, he called me Hartefield National, the site of a Senior tour ful in this endeavor. and said, ‘‘I will go and stand with you event in 1998 and ’99. He’s going into business anywhere, any time, any place to tell with the owner of Pine Hill, which is why he f was there on that beautiful Tuesday morning people, ‘Don’t be afraid.’ ’’ THE SEZNA FAMILY that so abruptly turned grim and gray. With those words, Davis Sezna be- Somebody pulled him off the course when Mr. BIDEN. Mr. President, I apolo- came more than my friend, he became the first plane smashed into the north tower gize to my colleagues and to my con- one of my heroes. When you feel like of the World Trade Center. He was watching stituents for being absent from the your world is ending, and I don’t know the terror unfold on TV when the second Senate this morning, and especially for what can do that more than the death plane struck his son’s building. ‘‘I knew Deeg missing the vote on the Military Con- of a child, there is immeasurable cour- was on the 104th floor,’’ he says. ‘‘The plane struction Appropriations bill. I was at- age behind the power to believe in the hit, an hour passed, the building crumpled. A tending one of the, tragically, many fu- friend drove me home.’’ future. In one of the great inspirations The Sezna house is in Delaware, in the neral services being conducted across I have ever known, the Sezna family rolling countryside outside Wilmington, near the country. still believes; as Davis told Sports Il- the Brandywine River, the pastoral land the If my colleagues will permit me a lustrated, when they interviewed him Wyeths have been painting for three genera- point of personal privilege, this funeral for a profile on Deeg as one of the ath- tions. The kitchen dates to the 17th century. service had a special and profound im- letes killed in the terrorist attacks, all The backyard is a long, sweeping hill, ending pact on me, for the victim was a bril- the Seznas have been great golfers, ‘‘I at a pond. The three Sezna boys would hit liant young man who was the oldest live for tomorrow. I’m inspired by to- wedge shots and take divots out of that lawn son, and best friend, of one of my very all summer long. Gail Sezna, their mother, morrow. There will always be tomor- would look the other way. Her father-in-law good friends, Davis Sezna. row.’’ The young man who was killed on was a superb golfer. Her husband was the 1973 In our efforts to respond to the Delaware Open champion. Her sons were the 104th floor of the World Trade Cen- events of September 11th, I can think being raised in the game as well. ter’s Tower II, where he had arrived on of no higher goal for us as a nation, ‘‘My dad used to say, ‘A golfer is a gen- September 11th for just his sixth day of than to endeavor to justify the Sezna tleman,’ ’’ Davis Sr. says. ‘‘I raised my sons work there, was Davis Grier Sezna, Jr., family’s courageous faith in tomorrow. to understand that. The first time I brought known to his family and to all who And I ask unanimous consent that Deeg to the course, he was five. As we left, he said, ‘‘Was I a gentleman today, Daddy?’’ loved him as ‘‘Deeg.’’ His parents, Gail the complete text of the Sports Illus- and Davis Sezna, are community lead- He dabs his eyes with a napkin embossed trated profile be printed in the RECORD. with scallop shells. ers in Delaware; they are people I ad- There being no objection, the mate- This was last Thursday, two days after the mire and respect; and, again, they are rial was ordered to be printed in the attack. The father had spent the previous my good friends. Deeg is also survived RECORD as follows: day in the detritus of the World Trade Cen- by a younger brother, Willy, who is a [From Sports Illustrated, Sept. 24, 2001] ter, searching for his son. Now he was in his backyard, in the ‘‘final innings of hope,’’ as senior in high school, and by his grand- UNPLAYABLE LIES mother, Mrs. W.W. Sezna, his grand- he put it. Friends were visiting. The men (By Michael Bamberger) parents, Mr. and Mrs. H.G. Ingersoll, were golfers, members of Pine Valley, Semi- A father was on the golf course, and his son nole, Merion, all clubs to which the father and numerous aunts, uncles and cous- was at work. The morning was crisp, bright, belongs. Sezna also owns several popular res- ins and seemingly countless friends. perfect. Twenty-two-year-old Davis G. Sezna taurants in Delaware. He was pouring good As inconceivable as it is, Deeg, who Jr., known as Deeg, was working in the wine and slicing aged cheddar. It only looked was 22 years old, was predeceased by south tower, 2 World Trade Center. His fa- like a late-summer cocktail party. The chat- his youngest brother, Teddy, who died ther, Davis Sr., was playing at Pine Hill, a ter could not mask the sorrow. Tom Fazio,

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9865 the course architect, telephoned. He’s a Pine The PRESIDING OFFICER. Without United States of America to the Republic of Valley member too. objection, it is so ordered. Cote d’Ivoire. ‘‘Jimmy Dunne, God bless him, he was in Jackson McDonald, of Florida, a Career there in the rubble with us,’’ the father told f Member of the Senior Foreign Service, Class Fazio. Dunne’s firm had 125 employees on the EXECUTIVE SESSION of Counselor, to be Ambassador Extraor- 104th floor. Half of them were missing. More dinary and Plenipotentiary of the United than a few were serious golfers, or the sons States of America to the Republic of The of serious golfers. Dunne is a serious golfer. Gambia. He wasn’t in the office on that horrid Tues- EXECUTIVE CALENDAR Ralph Leo Boyce, Jr., of Virginia, to be a day morning because he was attempting to Mr. REID. Mr. President, I ask unan- Career Member of the Senior Foreign Serv- qualify for the U.S. Mid-Amateur, a lifelong imous consent that the Senate proceed ice, Class of Minister-Counselor, to be Am- dream for him. bassador Extraordinary and Plenipotentiary to executive session to consider the fol- of the United States of America to the Re- The conversation with Fazio came to a lowing Calendar Nos.: 386 through 402, close. ‘‘They can rip off your arms and legs, public of Indonesia. Tom, you just don’t want them taking your 404 through 412, 414 through 417, and Clifford G. Bond, of New Jersey, a Career children,’’ Davis Sr. told him. ‘‘I love you, the military promotions reported out Member of the Senior Foreign Service, Class Tom Fazio. Give Sue and your kids a big hug earlier today by the Armed Services of Minister-Counselor, to be Ambassador Ex- from me.’’ Committee; that the nominations be traordinary and Plenipotentiary of the Deeg once got his handicap down to four. confirmed, the motions to reconsider United States of America to Bosnia and Every third year, on a midsummer weekend, Herzegovina. be laid upon the table, any statements Rockwell A. Schnabel, of California, to be he’d play in the two-day Father-Son tour- relating to the nominations be printed nament at Pine Valley. One year the Seznas Representative of the United States of Amer- in the RECORD, and the President be were in contention as they stood on the 16th ica to the European Union, with the rank tee in the second round. The format was al- immediately notified of the Senate’s and status of Ambassador Extraordinary and ternate shot. One generation hits a shot, action. Plenipotentiary. John Stern Wolf, of Maryland, a Career then the other generation plays the next. The PRESIDING OFFICER. Without Member of the Senior Foreign Service, Class The son hooked his drive. The father needed objection, it is so ordered. of Minister-Counselor, to be an Assistant to hit a big sweeping hook to reach the The nominations considered and con- Secretary of State (Non-proliferation). green, which is bordered by a water hazard firmed are as follows: Kevin E. Moley, of Arizona, to be Rep- on the right. DEPARTMENT OF TRANSPORTATION resentative of the United States of America ‘‘Why don’t you punch a safe one down in to the European Office of the United Na- front, I’ll chip up, and you’ll make the putt Joseph M. Clapp, of North Carolina, to be Administrator of the Federal Motor Carrier tions, with the rank of Ambassador. for par,’’ the son said. Kenneth C. Brill, of Maryland, a Career Safety Administration. ‘‘Nah, I can hook a five-iron on,’’ the fa- Member of the Senior Foreign Service, Class ther said. DEPARTMENT OF STATE of Minister-Counselor, to be Representative The five-iron shot didn’t hook a bit. As it Roy L. Austin, Pennsylvania, to be Ambas- of the United States of America to the Inter- was heading for the water, Deeg said, ‘‘How sador Extraordinary and Plenipotentiary of national Atomic Energy Agency, with the old do I have to be before you’ll start listen- the United States of America to Trinidad rank of Ambassador. ing to me?’’ He was 15. From that double and Tobago. Kenneth C. Brill, of Maryland, a Career bogey on, his father listened. Franklin Pierce Huddle, Jr., of California, Member of the Senior Foreign Service, Class Last Thursday, Davis Sr. was showing a a Career Member of the Senior Foreign Serv- of Minister-Counselor, to be Representative friend a picture of his favorite foursome. ice, Class of Minister-Counselor, to be Am- of the United States of America to the Vi- Three boys and their father, all in shorts and bassador Extraordinary and Plenipotentiary enna Office of the United Nations, with the polo shirts and smiles, standing on the 14th of the United States of America to the Re- rank of Ambassador. tee at Seminole, in North Palm Beach, Fla., public of Tajikistan. Patricia de Stacy Harrison, of Virginia, to the Atlantic Ocean behind them, nothing but Kevin Joseph McGuire, of Maryland, a Ca- be an Assistant Secretary of State (Edu- years of golf in front of them. The father was reer Member of the Senior Foreign Service, cational and Cultural Affairs). on the far right, looking proud. He started to Class of Minister-Counselor, to be Ambas- Charlotte L. Beers, of Texas, to be Under identify his boys. ‘‘That’s Willie next to sador Extraordinary and Plenipotentiary of Secretary of State for Public Diplomacy. me,’’ said Davis Sr. ‘‘He’s a senior in high the United States of America to the Republic DEPARTMENT OF DEFENSE school, plays to a three [handicap]. That’s of Namibia. Michael Parker, of Mississippi, to be an As- Deeg on the left. Between them, that’s Pamela Hyde Smith, of Washington, a Ca- sistant Secretary of the Army. ....’’ reer Member of the Senior Foreign Service, DELTA REGIONAL AUTHORITY The name never came out. The boy was Class of Minister-Counselor, to be Ambas- Teddy, the youngest child of Gail and Davis P.H. Johnson, of Mississippi, to be Federal sador Extraordinary and Plenipotentiary of Cochairperson, Delta Regional Authority. Sezna. He died last year, at age 15, on the the United States of America to the Republic MISSISSIPPI RIVER COMMISSION first Saturday in July in an early-morning of Moldova. boating accident. The father and son were Michael E. Malinowski, of the District of Brigadier General Edwin J. Arnold, Jr., cruising in a 30-foot motorboat when they Columbia, a Career Member of the Senior United States Army, to be a Member and ran into a steel light pole. It took two hours Foreign Service, Class of Minister-Counselor, President of the Mississippi River Commis- for rescuers to find Teddy’s body. It took to be Ambassador Extraordinary and Pleni- sion, under the provisions of Section 2 of an seven hours to get everyone through the re- potentiary of the United States of America Act of Congress, approved June 879 (21 Stat. ceiving line. to the Kingdom of Nepal. 37) (33 USC 642). Last Saturday the father was backed in Hans H. Hertell, of Puerto Rico, to be Am- Brigadier General Carl A. Strock, United Manhattan, searching for signs of his name- bassador Extraordinary and Plenipotentiary States Army, to be a Member of the Mis- sake in hope’s final at bat. Somehow the fa- of the United States of America to the Do- sissippi River Commission, under the provi- ther found the courage, wisdom and grace to minican Republic. sions of Section 2 of an Act of Congress, ap- say, ‘‘I live for tomorrow. I’m inspired by to- John J. Danilovich, of California, to be proved 28 June 1879 (21 Stat. 37) (22 USC 642). morrow. There will always be tomorrow.’’ Ambassador Extraordinary and Pleni- DEPARTMENT OF TRANSPORTATION Willie Sezna now has a standing offer to potentiary of the United States of America Mary E. Peters, of Arizona, to be Adminis- join his father, every summer, in the Pine to the Republic of Costa Rica. trator of the Federal Highway Administra- Valley Father-Son. They’ll play in Deeg’s R. Barrie Walkley, of California, a Career tion. memory. They’ll play in Teddy’s memory. Member of the Senior Foreign Service, Class NUCLEAR REGULATORY COMMISSION They’ll play until the day comes when they of Minister-Counselor, to be Ambassador Ex- can play no more. When that day will be, no Nils J. Diaz, of Florida, to be a Member of traordinary and Plenipotentiary of the the Nuclear Regulatory Commission for the one can say. The Seznas know that far too United States of America to the Republic of well. term of five years expiring June 30, 2006. (Re- Guinea. appointment) Mr. BIDEN. Mr. President, I suggest Mattie R. Sharpless, of North Carolina, a DEPARTMENT OF DEFENSE the absence of a quorum. Career Member of the Senior Foreign Serv- The following named officer for appoint- The PRESIDING OFFICER. The ice, Class of Minister-Counselor, to be Am- bassador Extraordinary and Plenipotentiary ment as the vice Chairman of the Joint clerk will call the roll. chiefs of Staff and appointment to the grade The legislative clerk proceeded to of the United States of America to the Cen- tral African Republic. indicated while assigned to a position of im- call the roll. Arlene Render, of Virginia, a Career Mem- portance and responsibility under title 10, Mr. REID. Mr. President, I ask unan- ber of the Senior Foreign Service, Class of U.S.C., sections 601 and 152: imous consent that the order for the Minister-Counselor, to be Ambassador Ex- To be general quorum call be rescinded. traordinary and Plenipotentiary of the Gen. Peter Pace

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9866 CONGRESSIONAL RECORD — SENATE September 26, 2001

IN THE AIR FORCE The following named officer for appoint- ate and appeared in the Congressional The following named officer for appoint- ment in the United States Air Force to the Record of September 4, 2001. ment in the United States Air Force to the grade indicated while assigned to a position PN805 Army nomination of Randy J. grade indicated while assigned to a position of importance and responsibility under title Smeenk, which was received by the Senate of importance and responsibility under title 10, U.S.C., section 601: and appeared in the Congressional Record of 10, U.S.C., section 601: To be lieutenant general September 4, 2001. PN806 Army nominations (2) beginning To be lieutenant general Maj. Gen. Teed M. Mosely, 0000 Daniel T. Leslie, and ending William C. Will- Lt. Gen. Charles F. Wald, 0000 The following named officer for appoint- ing, which nominations were received by the The following named officers for appoint- ment as Vice Chief of Staff, United States Senate and appeared in the Congressional ment in the United States Air Force to the Air Force to the grade indicated while as- Record of September 4, 2001. grade indicated under title 10, U.S.C., section signed to a position of importance and re- PN807 Army nominations (4) beginning 624: sponsibility under title 10, U.S.C., sections Angelo Riddick, and ending Hekyung L. To be brigadier general 601 and 8034: Jung, which nominations were received by Colonel William P. Ard, 0000 To be general the Senate and appeared in the Congres- Colonel Rosanne Bailey, 0000 Lt. Gen. Robert H. Foglesong, 0000 sional Record of September 4, 2001. Colonel Bradley S. Baker, 0000 PN808 Army nominations (2) beginning IN THE ARMY Colonel Mark G. Beesley, 0000 Jeffrey S. Cain, and ending Ryung Suh, Colonel Ted F. Bowlds, 0000 The following named officer for appoint- which nominations were received by the Sen- Colonel John T. Brennan, 0000 ment as the Judge Advocate General, United ate and appeared in the Congressional Colonel Roger W. Burg, 0000 States Army and for appointment to the Record of September 4, 2001. Colonel Patrick A. Burns, 0000 grade indicated under title 10, U.S.C., section PN1017 Army nominations (1637) begin- Colonel Kurt A. Cichowski, 0000 3037: ning Albert J. Abbadessa, and ending *X5391, Colonel Maria I. Cribbs, 0000 To be major general which nominations were received by the Sen- Colonel Andrew S. Dichter, 0000 Brig. Gen. Thomas J. Romig, 0000 ate and appeared in the Congressional Colonel Jan D. Eakle, 0000 The following named officer for appoint- Record of September 10, 2001. PN1055 Army nominations (28) beginning Colonel David M. Edgington, 0000 ment in the United States Army to the grade Roger L. Armstead, and ending Carl S. Colonel Silvanus T. Gilbert, III, 0000 indicated while assigned to a position of im- Young, Jr., which nominations were received Colonel Stephen M. Goldfein, 0000 portance and responsibility under title 10, by the Senate and appeared in the Congres- Colonel David S. Gray, 0000 U.S.C., section 601: Colonel Wendell L. Griffin, 0000 sional Record of September 19, 2001. To be lieutenant general Colonel Ronald J. Haeckel, 0000 PN968 Army nomination of Shaofan K. Colonel Irving L. Halter, Jr., 0000 Maj. Gen. Colby M. Broadwater, III, 0000 Xu, which was received by the Senate and Colonel Richard S. Hassan, 0000 IN THE NAVY appeared in the Congressional Record of Sep- Colonel William L. Holland, 0000 The following named officer for appoint- tember 4, 2001. Colonel Gilmary M. Hostage, III, 0000 ment in the United States Navy to the grade IN THE MARINE CORPS Colonel James P. Hunt, 0000 indicated while assigned to a position of im- PN809 Marine Corps nomination of Rich- Colonel John C. Koziol, 0000 portance and responsibility under title 10, ard W. Britton, which was received by the Colonel William T. Lord, 0000 U.S.C., section 624: Senate and appeared in the Congressional Colonel Arthur B. Morrill, III, 0000 To be rear admiral Record of September 4, 2001. Colonel Leonard E. Patterson, 0000 PN810 Marine Corps nomination of Sam- Rear Adm. (lh) Joseph D. Burns, 0000 Colonel Jeffrey A. Remington, 0000 uel E. Ferguson, which was received by the Colonel Edward A. Rice, Jr., 0000 The following named officer for appoint- Senate and appeared in the Congressional Colonel David J. Scott, 0000 ment in the United States Navy to the grade Record of September 4, 2001. Colonel Winfield W. Scott, III, 0000 indicated while assigned to a position of im- PN1018 Marine Corps nomination of Cur- Colonel Mark D. Shackelford, 0000 portance and responsibility under title 10, tis W. Marsh, which was received by the Sen- Colonel Glenn F. Spears, 0000 U.S.C., section 601: ate and appeared in the Congressional Colonel David L. Stringer, 0000 To be vice admiral Record of September 10, 2001. Colonel Henry L. Taylor, 0000 Vice Adm. Scott A. Fry, 0000 IN THE NAVY Colonel Richard E. Webber, 0000 The following named officer for appoint- PN811 Navy nomination of Raymond E. Colonel Roy M. Worden, 0000 ment in the United States Navy to the grade Moses, Jr., which was received by the Senate Colonel Ronald D. Yaggi, 0000 indicated while assigned to a position of im- and appeared in the Congressional Record of The following Air National Guard of the portance and responsibility under title 10, September 4, 2001. United States officers for appointment in the U.S.C., section 624: PN812 Navy nominations (800) beginning Reserve of the Air Force to the grades indi- To be rear admiral Johnny R. Adams, and ending Timothy J. cated under title 10, U.S.C., section 12203: Ziolkowski, which nominations were re- Rear Adm. (lh) Rand H. Fisher, 0000 To be major general ceived by the Senate and appeared in the Brigadier General Ronald J. Bath, 0000 The following named officer for appoint- Congressional Record of September 4, 2001. Brigadier General Frederick H. Forster, 0000 ment in the United States Navy to the grade PN992 Navy nomination of Sandra P. Brigadier General Juan A. Garcia, 0000 indicated while assigned to a position of im- Moriguchi, which was received by the Senate Brigadier General Michael J. Haugen, 0000 portance and responsibility under title 10, and appeared in the Congressional Record of Brigadier General Daniel James, III, 0000 U.S.C., section 601: September 5, 2001. Brigadier General Steven R. McCamy, 0000 To be admiral NOMINATION OF MARY PETERS Brigadier General Jerry W. Ragsdale, 0000 Adm. James O. Ellis, Jr., 0000 Mr. BYRD. Mr. President, I support Brigadier General William N. Searcy, 0000 The following named officer for appoint- the nomination of Ms. Mary Peters to Brigadier General Giles E. Vanderhoof, 0000 ment in the United States Navy to the grade be the next Administrator of the Fed- To be brigadier general indicated while assigned to a position of im- eral Highway Administration. I ask my Colonel Higinio S. Chavez, 0000 portance and responsibility under title 10, colleagues to support her as well. Ms. Colonel Barry K. Coln, 0000 U.S.C., section 601: Peters is a true transportation profes- Colonel Alan L. Cowles, 0000 To be admiral sional. She served in several senior po- Colonel James B. Crawford, III, 0000 Vice Adm. Gregory G. Johnson, 0000 Colonel Marie T. Field, 0000 sitions within the Arizona Department Colonel Manuel A. Guzman, 0000 NOMINATIONS PLACED ON THE SECRETARY’S of Transportation, including the posi- Colonel Roger P. Lemke, 0000 DESK tion of Director of the Department. In Colonel George R. Niemann, 0000 IN THE AIR FORCE that capacity, she was responsible not Colonel Frank Pontelandolfo, Jr., 0000 PN1016 Air Force nomination of Patrick only for that state’s highway system Colonel Gene L. Ramsey, 0000 J. * Fletcher, which was received by the Sen- but also for several other aspects of the Colonel Terry L. Scherling, 0000 ate and appeared in the Congressional Colonel David A. Sprenkle, 0000 Record of September 10, 2001. State’s transportation program. I had the privilege of meeting with The following named officer for appoint- IN THE ARMY ment in the United States Air Force to the Ms. Peters this afternoon and found PN803 Army nomination of Christopher P. her to be an extraordinarily pleasant grade indicated while assigned to a position Aiken, which was received by the Senate and of importance and responsibility under title appeared in the Congressional Record of Sep- individual, well versed in the issues 10, U.S.C., section 601: tember 4, 2001. that will require her attention as Fed- To be general PN804 Army nomination of Rodney D. eral Highway Administrator. I specifi- Gen. John W. Handy, 0000 McKitrick II, which was received by the Sen- cally had the opportunity to discuss

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9867 with her the importance of imple- troit to pay their final respects to Fed- This summer, the Subcommittee on menting measures that will expedite eral Protective Services Officer Ronald African Affairs of the Senate Foreign the completion of the numerous high- C. Sheffield and to remember a life of Relations Committee held a hearing on way projects for which America’s tax- sacrifice and service to others. Last this crisis. The overwhelming con- payers have been waiting for a great Friday, September 21, 2001, Officer sensus of the witnesses at that hearing, many years. Ms. Peters explained that Sheffield was shot and killed while on witnesses from the administration, she is committed to pursuing efforts to duty at the McNamara Federal Build- from NGOs, and from academia, was streamline the federal approval proc- ing in downtown Detroit. My largest that Zimbabwe would continue in a ess. I look forward to working with her State office is in the McNamara Build- downward spiral, with potentially dis- in this effort. ing and many members of my staff astrous results for the entire Southern I again urge my colleagues to support were in the building when the shooting African region, unless the rule of law is the confirmation of Mary Peters to be occurred. His loss will be felt by the en- sufficiently restored to create condi- our next Federal Highway Adminis- tire McNamara Building family but tions for a fair Presidential election trator. most deeply by those closest to him, next year. Mr. REID. Mr. President, the Senate particularly his daughters Jessica I regret that recent events suggest has just confirmed almost 30 people for Lynn and Jinelle Marie. Officer Shef- that the Government of Zimbabwe is various positions in the Federal Gov- field spent his career protecting Ameri- intent on taking the opposite ap- ernment, and that number will be more cans and defending our great country. proach. Zimbabwean authorities have than that counting all the military He was a sergeant in the Marines dur- expelled representatives of the widely- people. So it is a good day for us. In ing combat operations in the Persian respected International Foundation for fact, I have just been informed by the Gulf War and a police officer with the Electoral Systems, better known to staff that the military who were ap- Veterans Administration before joining many in this body as IFES. An IFES proved today are in the hundreds, so we the GSA. team had traveled to Zimbabwe to have done very well. The past 2 weeks have made all Mr. President, I ask unanimous con- monitor pre-election conditions, which Americans even more aware of the are critically important to a free and sent that the Agriculture Committee dedication and bravery of the thou- be discharged from further consider- fair election. If the only information sands of law enforcement officers, fire- available to voters is state-controlled ation of the following nominations and fighters, military and emergency per- that the Senate proceed to their imme- propaganda, if opposition party leaders sonnel who risk their lives every day to and supporters are intimidated, and if diate consideration: protect us. Officer Sheffield now joins Mark Edward Rey, to be Under Sec- the administrative structure estab- the ranks of those American heros who retary of Agriculture; lished to prepare for and govern elec- Mark Edward Rey, to be a member of have made the ultimate sacrifice. My tions is biased, the deck is stacked the Board of Directors of the Com- thoughts and prayers are with Officer against democracy before voting even modity Credit Corporation; Sheffield’s family, friends and fellow begins. Without international monitors Hilda Gay Legg, to be Administrator officers who are grieving. And my sin- in place, the international community of the Rural Utilities Service at the cere thanks and admiration go out to cannot adequately assess these impor- Department of Agriculture; law enforcement officers, firefighters, tant issues. Elsa Murano, to be the Under Sec- military and emergency personnel In fact, despite recent encouraging retary of Agriculture; across the country. reports that the government of Edward McPherson, to be the Chief f Zimbabwe had agreed to a rule-gov- Financial Officer for the Department of LOCAL LAW ENFORCEMENT ACT erned land reform strategy in return Agriculture. OF 2001 for significant assistance from Britain, Mr. President, I ask unanimous con- conditions continue to be grim within Mr. SMITH of Oregon. Mr. President, sent that these nominees be confirmed, the country. Reports indicate that 900 I rise today to speak about hate crimes the motions to reconsider be laid upon of 1,150 farms are unable to continue legislation I introduced with Senator the table, any statements relating to normal operations because they are KENNEDY in March of this year. The the nominations be printed in the still under occupation, and food sup- Local Law Enforcement Act of 2001 RECORD, the President be immediately plies are inadequate. notified of the Senate’s action, and the would add new categories to current I strongly support rule-governed land hate crimes legislation sending a sig- Senate return to legislative session. reform in Zimbabwe. It is clearly ur- The PRESIDING OFFICER. Without nal that violence of any kind is unac- gently needed and the United States objection, it is so ordered. ceptable in our society. The nominations considered and con- I would like to describe a terrible should provide significant assistance to firmed are as follows: crime that occurred August 1998 in such an effort. But the most pressing problem in Zimbabwe is not about DEPARTMENT OF AGRICULTURE Bridgeport, PA. Greg Thorpe, 30, alleg- land. It is about the systematic de- Mark Edward Rey, of the District of Co- edly made anti-gay threats and as- lumbia, to be Under Secretary of Agriculture saulted a lesbian outside a bar. On Sep- struction of the rule of law; it is about for Natural Resources and Environment. tember 23, 1998, he was charged with the intimidation of independent jour- Mark Edward Rey, of the District of Co- aggravated and simple assault, reck- nalists; it is about executive inter- lumbia, to be a Member of the Board of Di- lessly endangering another person, ter- ference with the judiciary; and it is rectors of the Commodity Credit Corpora- about the abuse of Zimbabweans who tion. rorist threats, harassment, stalking, Hilda Gay Legg, of Kentucky, to be Admin- disorderly conduct, conspiracy and eth- support the opposition party or have istrator, Rural Utilities Service, Department nic intimidation. the misfortune of standing between of Agriculture. I believe that government’s first duty ruling party-financed thugs and the ob- Elsa A. Murano, of Texas, to be Under Sec- is to defend its citizens, to defend them jects of their desire. So far no evidence retary of Agriculture for Food Safety. against the harms that come out of has come to light indicating that these Edward R. McPherson, of Texas, to be hate. The Local Law Enforcement En- fundamental issues have been resolved. Chief Financial Officer, Department of Agri- As the United States quite rightly culture. hancement Act of 2001 is now a symbol devotes itself to fighting terrorism, we f that can become substance. I believe that by passing this legislation, we can must not let the horrific attacks of LEGISLATIVE SESSION change hearts and minds as well. September 11 deter us or distract us from our other important foreign pol- The PRESIDING OFFICER. Under f the previous order, the Senate will now icy goals and interests. This country return to legislative session. PRE-ELECTION CONDITIONS IN must continue speaking out against op- ZIMBABWE pression and in favor of freedom all f Mr. FEINGOLD. Mr. President, I rise over the world. Sham elections will not OFFICER RONALD C. SHEFFIELD today to draw the Senate’s attention be legitimized by the international Mr. LEVIN. Mr. President, today to the continuing political and eco- community, and President Mugabe’s family and friends gathered outside De- nomic crisis in Zimbabwe. government cannot regain credibility

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9868 CONGRESSIONAL RECORD — SENATE September 26, 2001 if international monitors are barred President Chen countered that in However, our audience with the Presi- from the country. The United States order for all countries’ relationships dent afforded an opportunity to delve and the international community must with China to improve, China must be- more into some human rights and reli- work to keep the pressure on the gov- come a trustworthy member of the gious freedom concerns as well. We ernment in Harare and to support the international community and abide by were dismayed to hear President Jiang, forces of democracy in Zimbabwe. I international laws. He believed that unprovoked, refer to the Falungong have joined my colleague, Senator PNTR would help this process along, movement as a ‘‘cult.’’ But overall, the FRIST, in sponsoring the Zimbabwe De- and he would support the granting of President’s tone was positive, and he mocracy and Economic Recovery Act such status by the U.S. called China a connected nation with a for this very purpose. The bill has President Chen said he believed that strong market economy. passed the Senate unanimously, and I the U.S. could play a more active role With regard to arms sales to Paki- urge my colleagues in the House to in the region, but that belief seemed to stan, President Jiang joined General take it up. In Zimbabwe, where many be tempered by his recognition that it Chi in a blanket denial of any wrong- courageous citizens continue to strug- is inappropriate for the U.S. to act as a doing, saying China did not violate gle to protect their institutions and to mediator. He said he will continue to ‘‘any rule.’’ He said that China does save their country from lawlessness, attempt to engage the mainland in maintain arms sales to friendly na- our honesty and our solidarity is need- cross-Strait talks, and that he is not tions, but always within international ed now more than ever. discouraged by the failure of past ef- rules. He further claimed that China f forts. had done nothing to contribute to mis- REPORT ON FOREIGN TRAVEL: From Taipei we traveled to Shang- sile development in North Korea or TAIWAN, CHINA, AND SOUTH hai, China, on Tuesday, August 7, 2001, Taiwan. KOREA for another brief stay, and conducted a I discussed briefly with President working lunch meeting with members Jiang my previous two visits to the Mr. SPECTER. Mr. President, from of the American Chamber of Commerce People’s Republic of China in 1982 and August 4–11, 2001, I joined Senate For- in Shanghai. That afternoon, we con- 1994. On PNTR, I conveyed my reluc- eign Relations Committee Chairman ducted a large ‘‘roundtable’’ discussion tance to support normalized trade sta- JOSEPH BIDEN, Senator PAUL SARBANES with a handful of professors and ap- tus with his country due to concerns and Senator FRED THOMPSON on a con- proximately 100 undergraduate stu- about proliferation of weapons of mass gressional delegation to Taiwan, main- dents enrolled in the Center for Amer- destruction. Despite his denials of such land China, and South Korea, with a ican Studies at Fudan University. It activities at the commencement of our brief stopover in Honolulu, Hawaii, and was enlightening to learn how young meeting, I again raised the allegations Pearl Harbor Naval Base. Chinese men and women view the of illegal weapons sales to Pakistan, During our very brief time in Hawaii, Saudi Arabia, and Iran, as these were the delegation met with Admiral Den- United States and our involvement in weighty matters on the minds of the nis Blair, Commander in Chief of the the region. The session provided a real U.S. Pacific Command. In preparation opportunity to assess how our South- international community. Of particular concern to me during for our scheduled meetings with var- east Asia policy is perceived among my visit to China were questions of re- ious Asian heads of state, Admiral Chinese citizens in general and among ligious freedom and detention of U.S. Blair outlined U.S. preparedness and future leaders in particular. Upon arrival in the Chinese capital of citizens by Chinese authorities. I asked presence in the Asian Pacific region. In Taipei, following an extensive Beijing on Wednesday, August 8, 2001, President Jiang about the case of Mr. briefing from the American Institute of we immediately proceeded to the sea- Yongyi Song, the librarian from Dick- Taiwan Director Raymond Burghardt side town of Beidaihe, located 3–3.5 inson College in Pennsylvania who had on the status of cross-Strait relations, hours outside of the city by car. been held for five months without for- the delegation met with Taiwanese Beidaihe, a resort town popular among mal charges or the benefit of legal President Chen Shui-bian at the Presi- vacationing working class Chinese, is counsel. The matter of Mr. Song was dential Palace on Monday, August 6, the site of the very private Chinese only resolved after Congressional inter- 2001. President Chen seemed genuinely leadership retreat compound, where vention with the Chinese ambassador pleased that Taiwan was the first stop party leaders spend much of their sum- to the U.S. and introduction of a Sen- on our delegation’s multi-country mer months. Our delegation was hon- ate resolution calling for Mr. Song’s re- jaunt, and recognized and appreciated ored to be the first Westerners invited lease. I told President Jiang that I was the U.S. Congress’s longstanding to attend meetings on the grounds. extremely concerned about cases like friendship with the Republic of China. The delegation first met with Gen- these, and I called on China to develop The President discussed his efforts as eral Chi Hao-tian, the Chinese Defense standards of judicial practice and a Mayor of Taipei to improve cross- Minister, and again raised the non- reasonable rule of law that would sus- Strait relations, and stressed his re- proliferation issue. We expressed our tain international scrutiny. solve to continue down this path as grave concerns about recent intel- President Jiang responded that I had President. He said he believed that he ligence reports describing the sale or made a good suggestion, and that has made ‘‘good sincere gestures’’ to transfer of missile hardware and tech- China had been working for years to es- the People’s Republic of China, but nology to Pakistan, despite China’s No- tablish a rule of law. He went on to say continues to be disappointed in what vember 2000 pledge to cease assisting that the Chinese constitution guaran- he sees as rebuffs of his efforts by Bei- other countries develop missile capa- tees citizens religious freedom, with jing. He cited Beijing’s disregard for bilities. the exception of Falungong, a group he Taiwan’s plan for tourism by citizens General Chi denied the missile sales again characterized as a cult. The of mainland China as an example of allegations, saying that China always President concluded with a description this lack of Chinese engagement. sticks to its commitments. The Gen- of his hopes for the future of China in I raised the point that many in the eral went on to blast the U.S. media for the coming decades, that his country U.S. are concerned about several issues creating distrust of China, and called will have completed the trans- involving Southeast Asia, such as Chi- the reports of missile sales ‘‘totally formation to a market economy, ac- na’s allegedly illegal sales of weapons baseless.’’ He also countered with his companied by a strong infrastructure of mass destruction and China’s human assertion that the U.S.’s sales of arms of appropriate judicial and political rights record. When facing whether to to Taiwan violate the ‘‘One China’’ ar- systems. grant permanent normalized trade re- ticulated since the Nixon administra- On Thursday, August 9, 2001, the dele- lations, PNTR, with China, I let him tion. gation traveled to Beijing’s Great Hall know my view that I believed it better In our discussions later that after- of the People to meet with Chinese to leave trade status subject to annual noon with Chinese President Jiang Premier Zhu Rong-ji. The Premier was review to retain leverage in U.S.-China Zemin, many of the same hot-button quite generous with his time, and dur- talks on proliferation, human rights, issues such as nonproliferation and ing an hour and a half long meeting, and many other items. China-Taiwan relations were raised. outlined barriers and misperceptions

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9869 which can hinder U.S.-China relations. that any shipments must not have been I raised the issue of Jamie Penich of It was made clear that it is in both new deals, but vestiges of past con- Derry, Pennsylvania, who was vio- countries’ interests to engage one an- tracts. lently killed in a motel room in Seoul, other economically, but that certain The two experts discussed the fact South Korea, in March of this year. actions on weapons proliferation and that the Chinese do not think the U.S. Jamie, a 21-year old University of stifling of human rights will have con- is setting a good example by refusing Pittsburgh student, had stopped in sequences in the U.S. This meeting was to sign the Comprehensive Test Ban Seoul on her way to study at Keimyung valuable in laying out our countries’ Treaty, CTBT, and by continuing to University in Taegu, South Korea, and priorities and understanding each sell arms to Taiwan. They wondered was found stomped to death in her sides’ domestic (both public and gov- why China should be first to disarm motel room by her friend. There was no ernmental) pressures which inevitably when the U.S. does not appear to be se- evidence of a sexual assault and noth- affect bilateral relations. rious about its own role in inter- ing was stolen from the room. I was pleased that Premier Zhu ac- national disarmament. This leads to I explained the circumstances of the knowledged that there are some defi- the approach, the deadly cycle of each case to President Kim, as well as my ciencies in China’s human rights and side reacting to what we perceive the understanding that the Korean police judicial policies, and that he said that other to be doing, thus making both have sole jurisdiction over the case, he was willing to work on both. I raised countries more resolute in our respec- but that the U.S. Army Criminal Inves- the detention of Mr. Song, the Dickin- tive positions to not disarm first. tigation Command, CID, and the FBI son librarian, a case which brought On Thursday afternoon, the delega- are assisting in the investigation. into sharp focus what can happen to tion met with Chinese Foreign Min- There have been no leads in the case American citizens detained in China. I ister Tang at the impressive new Min- thus far. I asked President Kim if he pointed out to Premier Zhu that cases istry of Foreign Affairs building. This would check on the progress of the in- like these are major irritants to U.S.- meeting again focused primarily on vestigation. Although he was not fa- China relations. I suggested that he weapons issues, and Minister Tang’s miliar with the case, he agreed to in- consider an agreement with the U.S. denials of violations of international quire about its status and to work with that when China detains an American nonproliferation agreements were star- the Korean police force and American citizen or U.S. resident and perhaps tlingly similar to those made by Gen- embassy staff on facilitating its swift others, that those individuals be guar- eral Chi, President Jiang and Premier resolution. anteed basic points of due process, such Zhu. The Foreign Minister called accu- I also talked to President Kim about as written documentation of charges, a sations of illegal sales to Pakistan ‘‘to- Boeing’s bid to sell F–15 fighter air- limitation of time in detention, the tally baseless’’ and was adamant that craft to South Korea. The Republic of right to an attorney, and a public legal China always honors agreements in Korea Air Force aims to replace its proceeding so the U.S. and the press good faith. aging fleet of F–4D/Es and F–5s, and can review the evidence. I further sug- With regard to general concerns Boeing is among four competitors to gested that the Chinese government about democratization, human rights, provide the $4 billion contract for the should work with programs like the religious freedom and rule of law, he new aircrafts. The F–15s cultivated an Temple University School of Law cur- admitted that deficiencies remain but outstanding win record during the Gulf riculum on Chinese rule of law recently chose to describe the progress already War, while the competing French air- established in Beijing since univer- made, such as shifting the culture craft have never been battle tested. sities can be an excellent, non-political away from rural agriculture and im- President Kim seemed familiar with training ground for judges, attorneys, proving the quality of life for the aver- the Boeing plane’s exemplary record in and other judicial officials. age Chinese citizen. Premier Zhu responded that he was I asked Minister Tang pointedly the Gulf War. I also stressed to Presi- not familiar with the specific case of about whether he believes that it still dent Kim that the U.S.’s substantial Mr. Song, but that whatever the cir- made sense for a country to develop contributions to South Korea should cumstances surrounding his detention, intercontinental ballistic missiles, merit special consideration in award- he was confident that the Chinese ICBMs, as deterrents to nuclear war. ing this contract to U.S. company. The could learn from his case. I asked Pre- He then reiterated that China is ‘‘firm- French, the competitor for the con- mier Zhu if China would be willing to ly opposed’’ to the proliferation of tract, have contributed much less. consider an agreement between the ICBMs and that his country will co- For the remainder of Saturday after- United States and China dealing with operate in further discussions on the noon prior to our late evening depar- due process rights for detained Amer- matter. He said that China is therefore ture from Osan Air Force Base, the del- ican citizens and perhaps others. Pre- opposed to the U.S. development of na- egation was escorted to the Joint Secu- mier Zhu responded that such an agree- tional missile defense, as it will under- rity Area by Lieutenant General Dan- ment was a ‘‘possibility’’. mine international disarmament and iel Zanini, Commanding General, Over a working lunch Thursday upset the nuclear balance, posing a real Eighth U.S. Army, and Chief of Staff afternoon at Ambassador Clark threat to China. for the United Nations Command, Com- Randt’s residence in Beijing, the dele- On Saturday, August 11, 2001, our del- bined Forces Command, and U.S. gation had a fascinating discussion egation was received at the Blue House Forces Korea. Upon arrival at Camp with two Chinese experts on weapons in Seoul, South Korean, to meet with Bonifas at the base of the JSA, Lieu- proliferation, Dr. Zhu Feng, Director of President Kim Dae-jung. We com- tenant Colonel William Miller, Com- Beijing University’s International Se- plimented President Kim on his far- mander of the U.N. Command Security curity Program; and Dr. Yang Ming- sighted commitment to democracy, Battalion–JSA. gave the delegation a Jie, Director of Arms Control and Se- and for his patient policy of engage- tour of the demilitarized zone and out- curity Studies at the China Institute of ment with North Korea. We were inter- lined the status of tensions at the bor- Contemporary International Relations, ested to learn his views on what the der of North and North Korea. The a think tank loosely affiliated with U.S. and the world can do to bring group then proceeded down to Camp China’s People’s Liberation Army. North Korean President Kim Jong-il to Casey and received a tour of the sol- Dr. Yang articulated some very in- the bargaining table. President Kim diers’ barracks, which are in exceed- teresting points about Chinese public urged the U.S. to stop calling North ingly poor shape. General Zanini also opinion on weapons proliferation, that Korea a rogue nation and the principal described the need for additional vehi- in fact one-third of the people believe cause of our need to develop national cle maintenance facilities and for gen- that proliferation is a good thing. In- missile defense. He believed that such erally improved living conditions for terestingly, when asked about reports language was not helpful in cultivating the 375,00 U.S. troops who help ensure of illegal arms sales to Pakistan and a circumstance in which the North Ko- peace and stability on the Korean pe- other countries, neither gave the pat- reans would enter into a verifiable ninsula. It was obvious that the living ent denials we had heard all week from agreement to end its nuclear ballistic conditions were substandard and re- Chinese officials. Instead, they insisted missile program. quire considerable improvement.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9870 CONGRESSIONAL RECORD — SENATE September 26, 2001 ADDITIONAL STATEMENTS where the past and present meet with the distinction of being named Out- remarkable harmony and spirit. It is standing Freshman Legislator by the inspiring. Alabama Press Association. THE 350th ANNIVERSARY OF NEW I share the pride of Delaware with Larry Morris is a loyal, dedicated CASTLE, DELAWARE the Senate, and with the Nation, man who has always been very gen- ∑ Mr. BIDEN. Mr. President, we in today, in marking the 350th anniver- erous with his time and support for Delaware, the first State to ratify the sary of the founding of New Castle, and community affairs. In addition to his Constitution, take great pride in our I am proud to extend congratulations duties as president of the Alabama history, and a special part of that his- and best wishes to the mayor, city State Bar Association, Larry is also a tory is represented by the City of New council, trustees and all the citizens member of the University of Alabama Castle, which is celebrating its 350th and friends of the town, which is a val- Law School Foundation and the Lead- anniversary this year. ued and unique treasure to us all.∑ ership Committee for the College of New Castle was founded by the Dutch f Arts and Sciences at the University of in 1651 as Fort Casimir. Because of its Alabama. He is a member of the Amer- TRIBUTE TO LARRY WADE MORRIS strategic location on what is now the ican Board of Trial Advocates, and Delaware River, the settlement was ∑ Mr. SHELBY. Mr. President, I rise serves on the Task Force for Multi- sought and held by a series of colonial today to pay tribute to Mr. Larry Wade disciplinary Practice for the Alabama powers, the Dutch, the Swedes and, fi- Morris from Alexander City, AL who State Bar. nally, the British. assumed the presidency of the Alabama The many accomplishments and ac- When William Penn was given au- State Bar this past July. Larry has colades of Larry Morris attest to his thority over the so-called ‘‘lower three worked hard throughout his extensive dedication to civic leadership and his counties,’’ which became the State of career to gain a reputation as one of deep belief in the law. I could not think Delaware, he traveled to New Castle to the premier trial lawyers in the Na- of a better individual to represent the take possession. When the counties tion. He has also endeavored to become state of Alabama as the president of were granted an independent legisla- a civic leader and an outstanding pub- the State Bar Association. I join ture, New Castle became the colonial lic servant. I want to congratulate Larry’s wife, Beverly, and their four capital, and briefly, the first State cap- Larry on his tremendous accomplish- children, Mark, Clark, Brian and Kevin ital, of Delaware. ments and to recognize his progression Russell, in honoring his achievements. Despite a devastating fire in 1824, from promising young lawyer out of I know that they are proud of Larry, as which destroyed many of the struc- the University of Alabama in 1968 to are the many of us who have known tures on the historic, river-front street the distinguished President of the Ala- him over the years.∑ called The Strand, and all the changes bama State Bar in 2001. f and pressures of the intervening years, If you looked up the definition of a New Castle’s colonial history is still a true Alabamian in the dictionary, you THE BEACH BOYS defining and very visible part of the would not find a better description ∑ Mr. CLELAND. Mr. President, The town’s life and character. than Larry Morris. His character and Beach Boys’ sunny vocal harmonies are Several of its remaining colonial era work ethic are beyond reproach, and one of the signature sounds of the mod- buildings have been converted into mu- the Southern values instilled in him in ern era. Over four decades, the Cali- seums, including the Dutch House, from his youth continue to guide him fornia quintet has become one of the which dates to the 17th Century, and today. Born in Alexander City, AL, most successful American bands in the the Old Court House, which was built Larry grew up attending public school history of rock and roll and their songs in 1732 and was the meeting place for in Montgomery. He graduated from remain an important part of America’s the colonial and State assemblies from Robert E. Lee High School and finished cultural landscape. that year until 1777. George Read was his undergraduate education at Auburn The Beach Boys were largely a fam- one of three signers of the Declaration University. At that point, Larry made ily affair that came together in the Los of Independence who lived in New Cas- the decision to attend law school at the Angeles suburb of Hawthorne, CA, in tle; although his house was destroyed University of Alabama and join the 1961. The three brothers, Brian, Carl by the Great Fire, the current Read long list of prominent Alabamians who and Dennis Wilson, formed the group House, which was built by his son in have attended this respected legal in- with their cousin, Mike Love, and a 1801, is one of the most striking attrac- stitution. He received his law degree friend, Alan Jardine They were joined tions of the town. from the University in 1968, and had by another of their friends, Bruce But New Castle itself is not a mu- the distinction of serving as the presi- Johnston, in 1965. seum. It is a residential town, it is a vi- dent of the Student Bar Association. Brian Wilson and Mike Love cowrote brant community. New Castle is home After graduation, Larry returned to his the majority of the band’s many hit to two churches that date back to the hometown of Alexander City to begin singles which were known for their earliest part of the 18th Century, and his impressive career in the legal pro- harmonic invention and complex vocal they have active congregations today. fession. Larry is now the Senior Part- and instrumental arrangements. The Families live in the homes that were ner in the firm of Morris, Haynes & lyrics are celebrated today for their built so long ago, families who add Hornsby. deft use of technical lingo balanced their own mark to those of previous Larry has demonstrated exceptional with youthful naivete. owners, with a sensitivity and obliga- leadership abilities throughout his The Beach Boys have ridden a wave tion to preserve the unique character scholastic and professional careers. His of success for almost 40 years. They of the town, New Castle is, not surpris- service as president of the Student Bar have recorded number one singles, gar- ingly, a National Landmark Historic Association was very highly regarded nered a huge fan base, and, by creating Area. and helped to hone the skills that he a sound that was uniquely their own, With its history as a colonial seat for has demonstrated during his profes- secured their position in Americana. the legislature and the courts, New sional and political life. In 1973, he They have been inducted into the Rock Castle has a tradition of political ac- served as the president of the Young and Roll Hall of Fame and have been tivity and public leadership, and many Lawyer’s Section of the Alabama State honored with the National Association of its citizens have played prominent Bar. He is a past president of the of Recording Arts and Sciences Life- roles throughout the history of Dela- Chamber of Commerce for Alexander time Achievement award which they ware and our nation. City, has served on the Task Force for received at this year’s Grammy In addition, as a personal point, al- Judicial Elections for the Alabama awards. though I know it is a perspective State Bar and is also a past president As we approach the 40th Anniversary shared by many Delawareans, New Cas- of the Alabama Trial Lawyers Associa- of both the release of their first single tle is one of my favorite places in our tion. From 1974 through 1978, he was and their first tour, I would like to rec- State. It is more than historic and sce- elected to serve in the Alabama State ognize the contribution that these men nic; it is, simply, beautiful, a place Legislature. During this time, he had have made, not only to the landscape

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9871 of American music, but to the lives of very few people exhibit. He took joy in came to the aid of the victims of Hurri- their fans and fellow Americans. I have helping others. His unselfishness and cane Mitch in Honduras and Guate- always been a fan of The Beach Boys’ passion for helping the less fortunate mala. After graduating from the Uni- music, but I came to recognize their will always be remembered and will versity of Vermont in 1991 he imme- devotion to other causes when I met never be forgotten by those to whom he diately joined the Peace Corps. As a Mike Love through our mutual work so generously dedicated his time. member of the Peace Corps, John was with veterans. He told me that the John was committed to helping peo- stationed in Macas, Ecuador for three group as a whole and the members indi- ple all over the world. His desire to years. While there he worked to de- vidually have supported important help impoverished people took him to velop community health programs; causes throughout their years to- Honduras, Guatemala, Mozambique and community development programs; gether. I learned about the Carl Wilson Ecuador. In all of these countries he and livestock and agroforestry pro- Foundation, which raises millions of vigorously sought out people who were grams. dollars each year for cancer patients in desperate need of the development In a procession honoring John’s life, and research, and I discovered that the and humanitarian aid that he enthu- residents of Puerto Cortes, Honduras group has always been involved in siastically provided. carried signs that read ‘‘John Quinn, fund-raising performances that benefit John was the cofounder and execu- the community cries now that you a variety of groups. Bruce Johnston is tive director of the organization Action have left us, and you will always live dedicated to environmental causes and for Community Transformation, ACT. with us’’ and ‘‘for your dedication to has been a member of the Board of Di- He founded ACT in January 2000 as an others, God has thanked you.’’ rectors of the Surfrider Foundation international development organiza- In memory of his death, John’s fam- since it inception in the mid-1980’s. tion dedicated to empowering people in ily has established the John Quinn Me- Mike Love has been a longtime sup- need to find their own sustainable solu- morial Scholarship Fund that goes to- porter of environmental causes and was tions to problems of poor health, lack wards paying for the education of chil- among speakers at the Earth Summit of education and poverty. Action for dren living in Honduras. in Rio DeJaniero in 1992 and Earth Day Community Transformation provides The help that John provided to the 2000 on the Mall in Washington, DC. assistance in four major areas of devel- people of Honduras, Guatemala, Mo- Mike created the Love Foundation, opment: healthcare; youth develop- zambique and Ecuador and his desire to which supports national environmental ment; education and vocational train- help those who could not help them- and educational initiatives. He is a ing; and income generation. selves, must never be forgotten. Even member of the Board of Directors of As executive director of ACT, John’s though his life has been tragically cut the Incline Academy in Incline Village, work was guided by the belief that re- short, he accomplished much in his Nevada, and has been responsible for spect for people comes first, urgent sit- lifetime and touched many lives. His raising over $1 million to benefit the uations call for rapid responses, and family can be justly proud of John, ∑ school. greater participation leads to greater even as they mourn his loss. While the Beach Boys are known and commitment. This last principle is the f loved for their musical accomplish- very definition of John’s lifework. IN RECOGNITION OF THE 150TH AN- ments, the men and women whose lives When John participated in develop- NIVERSARY OF THE ACADEMY the group has touched are perhaps The ment and aid projects, he did so with OF THE SACRED HEART Beach Boys’ greatest legacy. As Win- all his heart. He committed himself to ∑ Mr. LEVIN. Mr. President, earlier ston Churchill said, ‘‘What is the use of helping others. The focus of his life was living if it be not to strive for noble this month people in my home state of the people and communities that he Michigan gathered to celebrate the causes and to make this muddled world felt it was his responsibility to serve. a better place for those who will have 150th birthday of the Academy of the The help that John provided to victims Sacred Heart an institution that, even it after we are gone?’’ of Hurricane Mitch in Puerto Cortes, I ask that my colleagues join me in though it was founded for the ‘‘sake of Honduras illustrates John’s dedication celebrating the accomplishments of one child,’’ has been providing excel- to and enthusiasm for helping people The Beach Boys and wishing them con- lence in education to countless individ- who desperately needed help. tinued success in their future musical uals. This celebration culminated on While working in Puerto Cortes, Hon- and personal journeys.∑ Sunday, September 16, 2001, when His duras, John developed a micro lending f Eminence Adam Cardinal Maida, Arch- program which allowed 45 families who bishop of Detroit conducted a RECOGNIZING JOHN O. QUINN lost everything during Hurricane Mitch celebratory liturgy for this the oldest ∑ Mr. TORRICELLI. Mr President, I to start micro enterprises. He was also independent school in the State of bring to the attention of the Senate responsible for the design and installa- Michigan. the accomplishments of one of my con- tion of a potable water system in Puer- This year marks the third centenary stituents who recently suffered a most to Cortes, Honduras. He helped build a anniversary of Detroit, MI. In that tragic and untimely death. John O. school and kindergarten that is at- time, many changes have dramatically Quinn, born on October 27, 1968 and tended by ninety-one students and he altered the city as it evolved from a originally from New Jersey, was sense- contributed to the construction of a small trading outpost into an inter- lessly murdered on August 25, 2001 medical clinic and over eighty houses national center of commerce and in- while living in Puerto Cortes, Hon- for locals whose homes were destroyed dustry. Through all these changes, one duras. by Hurricane Mitch. Characteris- thing has remained constant for the John had moved to Honduras in No- tically, when John had time off from past century and a half: the Society of vember of 1999 to help the residents of his activities associated with ACT, he the Sacred Heart’s commitment to edu- Puerto Cortes, Honduras recover from spent it instructing the residents of the cating the youth of metro Detroit. the devastation that Hurricane Mitch area in the English language. He was During this time, the Academy of the wreaked on the country. Up to the always looking for new people that he Sacred Heart has been an institution time of his death he was still living in could help. dedicated to the education of mind, the country and providing humani- Felicita Carcamo, a teacher in Puer- body and spirit. This focus on edu- tarian and development aid to the peo- to Cortes, Honduras enthusiastically cating the whole person has enabled ple of Honduras. praised John in the local newspaper. the Academy to develop students that Now an act of violence has cut short She said that Quinn loved the poor and embody the hallmarks of a Catholic this promising young life. While we was dedicated to the people of the area. education: intellectual rigor combined hope his killers will quickly be brought A man who will be remembered in such with service to God and others. to justice, I want today to pay tribute a fashion must have been a truly won- The Academy began in 1821 when the to what John did in the brief years of derful person. John was this kind of a co-founder of the University of Michi- his life. person. gan, Father Gabriel Richard asked the John O. Quinn was a truly special John’s desire to help the poor and Society of the Sacred Heart to estab- person. He possessed a quality that less fortunate began well before he lish a foundation in Detroit. In 1849,

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9872 CONGRESSIONAL RECORD — SENATE September 26, 2001 the Society was given the land nec- ties of the Department of Defense, for mili- EC–4171. A communication from the Prin- essary to establish a school, and the tary construction, and for defense activities cipal Deputy Associate Administrator of the doors to the first school opened on Jef- of the Department of Energy, to prescribe Environmental Protection Agency, transmit- ferson Avenue, between St. Antoine personnel strengths for such fiscal year for ting, a report entitled ‘‘Pesticide Registra- the Armed Forces, and for other purposes. tion (PR) Notice 2001–6: Disposal Instruc- and Beaubien Streets, in 1861. f tions on Non–Antimicrobial Residential/ In its first 20 years, this institution— Household Use Pesticide Products″; to the dedicated to the pursuit of ‘‘faith seek- MEASURE REFERRED Committee on Agriculture, Nutrition, and ing understanding’’ and the service of Forestry. The Committee on Armed Services others—underwent a tenfold increase EC–4172. A communication from the Assist- was discharged from further consider- in enrollment. Detroit’s economic ant General Counsel for Regulatory Law, Of- ation of the following measure; which growth paralleled the school’s increas- fice of Security and Emergency Operations, was referred to the Committee on Gov- Department of Energy, transmitting, pursu- ing enrollment, and the school found ernment Affairs: ant to law, the report of a rule entitled ‘‘Cri- itself surrounded by factories and H.R. 788. An act to provide for the convey- teria and Procedures for Determining Eligi- warehouses. The changing demographic bility for Access to Classified Matter or Spe- led the school to sell its building, in ance of the excess Army Reserve Center in Kewaunee, Wisconsin. cial Nuclear Material’’ (RIN1992–AA22) re- 1918, to the Packard Motor Co. The ceived on September 19, 2001; to the Com- school relocated to the corner of Law- f mittee on Energy and Natural Resources. rence and Woodrow Wilson Avenues. MEASURES PLACED ON THE EC–4173. A communication from the Chief Further development and the establish- Counsel, Bureau of the Public Debt, Depart- CALENDAR ment of the Treasury, transmitting, pursu- ment of the Lodge Freeway separated The following bill was read the first ant to law, the report of a rule entitled ‘‘De- this new facility from the neighbor- and second times by unanious consent, termination Regarding State Statutes adopt- hoods it served and enrollment and placed on the calendar: ing Revised Article 9 or the Uniform Com- dropped. This led the school to seek yet mercial Code; Determination Regarding another new campus. H.R. 2586. An act to authorize appropria- Rhode Island’’ received on July 10, 2001; to tions for fiscal year 2002 for military activi- The third incarnation of the Acad- the Committee on Finance. ties of the Department of Defense, to pre- EC–4174. A communication from the Chief emy of the Sacred Heart led it to its scribe military personnel strengths for fiscal present location in Bloomfield Hills, Counsel, Bureau of the Public Debt, Depart- year 2002, and for other purposes. ment of the Treasury, transmitting, pursu- MI. Today, the Academy continues to f ant to law, the report of a rule entitled build on its tradition of faith and dedi- ‘‘Regulations Governing Book–Entry Treas- cation to service. Attendance has blos- ENROLLED BILLS PRESENTED ury Bonds, Notes, and Bills; Determination somed at the school with nearly 500 The Secretary of the Senate reported Regarding State Statute; South Carolina’’ students, of many faiths and cultural that on today, September 26, 2001, she (31 CFR Part 357) received on August 25, 2001; backgrounds, from all across the De- had presented to the President of the to the Committee on Finance. troit area. In addition to receiving EC–4175. A communication from the Chief United States the following enrolled of the Regulations Division, Bureau of Alco- quality academic instruction, students bill: hol, Tobacco, and Firearms, Department of at the Academy learn by performing S. 248. An act to amend the Admiral James the Treasury, transmitting, pursuant to law, community service through various or- W. Nance and Meg Donovan Foreign Rela- the report of a rule entitled ‘‘Rules of Prac- ganizations in Detroit. tions Authorization Act, Fiscal Years 2000 tice and Permit Proceedings; Recodification The entire Academy of the Sacred and 2001, to adjust a condition on the pay- of Regulations’’ (RIN1512–AC43) received on Heart community—the Society of the ment of arrearages to the United Nations September 7, 2001; to the Committee on Fi- Sacred Heart, the faculty, alumni and that sets the maximum share of any United nance. current students—can take pride in the Nations peacekeeping operation’s budget EC–4176. A communication from the Attor- that may be assessed of any country. ney/Advisor of the Department of Transpor- school’s long and honorable service to tation, transmitting, pursuant to law, the re- the people of Michigan. I hope my Sen- f port of a nomination for the position of Ad- ate colleagues will join me in saluting EXECUTIVE AND OTHER ministrator, Federal Highway Administra- the Academy of the Sacred Heart for a COMMUNICATIONS tion, received on September 19, 2001; to the century and a half of achievement and Committee on Environment and Public in wishing them well on the next cen- The following communications were Works. tury and a half of continued success.∑ laid before the Senate, together with EC–4177. A communication from the Chair- accompanying papers, reports, and doc- man of the Inland Waterways Users Board, f uments, which were referred as indi- transmitting, pursuant to law, the Annual MESSAGES FROM THE HOUSE cated: Report for 2001 ; to the Committee on Envi- ronment and Public Works. ENROLLED BILL AND JOINT RESOLUTION SIGNED EC–4166. A communication from the Archi- EC–4178. A communication from the Ad- At 9:30 a.m., a message from the tect of the Capitol, transmitting, pursuant ministrator of the General Service Adminis- House of Representatives, delivered by to law, the Semiannual Report for the period tration, transmitting, a report concerning a beginning October 1, 2000 through March 31, new construction prospectus for the Border Mr. Hays, one of its reading clerks, an- 2001; ordered to lie on the table. nounced that the Speaker has signed Station in Champlain, New York; to the EC–4167. A communication from the In- Committee on Environment and Public the following enrolled bill and joint vestment Manager, Treasury Division, Army Works. resolution: and Air Force Exchange Service, transmit- EC–4179. A communication from the Prin- S. 248. An act to amend the Admiral James ting, pursuant to law, three reports relative cipal Deputy Associate Administrator of the W. Nance and Meg Donovan Foreign Rela- to a Retirement Annuity Plan, a Supple- Environmental Protection Agency, transmit- tions Authorization Act, Fiscal Year 2000 and mental Deferred Compensation Plan, and a ting, pursuant to law, the report of a rule en- 2001, to adjust a condition on the payment of Retirement Savings Plan ; to the Committee titled ‘‘Clean Air Act Final Approval of Op- arrearages to the United Nations that sets on Governmental Affairs. erating Permits Program: State of Rhode Is- the maximum share of any United Nations EC–4168. A communication from the Assist- land’’ (FRL7068–9) received on September 25, peacekeeping operation’s budget that may be ant Secretary of Legislative Affairs, Depart- 2001; to the Committee on Environment and assessed of any country. ment of State, transmitting, pursuant to Public Works. H.J. Res. 65. An act making continuing ap- law, a report relative to the Dominican Re- EC–4180. A communication from the Asso- propriations for the fiscal year 2002, and for public; to the Committee on Banking, Hous- ciate Administrator for Procurement, Na- other purposes. ing, and Urban Affairs. tional Aeronautics and Space Administra- EC–4169. A communication from the Chair- tion, transmitting, pursuant to law, the re- At 12:33 p.m., a message from the man of the National Capital Planning Com- port of a rule entitled ‘‘NASA Safety and House of Representatives, delivered by mission, transmitting, pursuant to law, the Health’’ (48 CFR Parts 1823 and 1852) received Mr. Hays, one of its reading clerks, an- report of a violation of the Antideficiency on September 25, 2001; to the Committee on nounced that the House has passed the Act, Treasury Account: 95–25–0001; to the Commerce, Science, and Transportation. Committee on Appropriations. EC–4181. A communication from the Assist- following bill, in which it requests the EC–4170. A communication from the Sec- ant Secretary of Legislative Affairs, Depart- concurrence of the Senate: retary of the Navy, transmitting, the report ment of State, transmitting, pursuant to the H.R. 2586. An act to authorize appropria- of a study relating to private contractors; to Arms Export Control Act, the report of a tions for fiscal year 2002 for military activi- the Committee on Armed Services. certification regarding the proposed transfer

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9873 of major defense equipment valued at Food and Drug Administration, Department release hundreds of alewives, or $14,000,000 or more to Germany; to the Com- of Health and Human Services, transmitting, ‘‘gaspereaux,’’ around the Woodland Dam: mittee on Foreign Relations. pursuant to law, the report of a rule entitled Now, therefore, be it EC–4182. A communication from the Assist- ‘‘Obstetrical and Gynecological Devices; Resolved, That We, the Members of the One ant Secretary of Legislative Affairs, Depart- Classification of the Clitoral Engorgement Hundred and Twentieth Legislature of the ment of State, transmitting, pursuant to the Device’’ (Doc. No. 00P–1282) received on Sep- State of Maine now assembled in the First Foreign Assistance Act of 1961, as amended, tember 25, 2001; to the Committee on Health, Regular Session, recognize that it is the best the report of a determination regarding As- Education, Labor, and Pensions. interest of the United States Government, sistance for Northern Iraq; to the Committee EC–4195. A communication from the Direc- the Government of Canada and the Province on Foreign Relations. tor of Regulations Policy and Management, of New Brunswick to hold public hearings EC–4183. A communication from the Assist- Food and Drug Administration, Department and consult with interest private and public ant Legal Adviser for Treaty Affairs, Depart- of Health and Human Services, transmitting, entities and Native Americans to address ment of State, transmitting, the report of pursuant to law, the report of a rule entitled and resolve the issues surrounding the re- the texts and background statements of ‘‘Indirect Food Additives: Paper and Paper- lease of alewives, or ‘‘gaspereaux,’’ above the international agreements, other than trea- board Components’’ (Doc. No. 99F–1581) re- Woodland Dam and Grand Falls Dam; and be ties; to the Committee on Foreign Relations. ceived on September 25, 2001; to the Com- it further EC–4184. A communication from the White mittee on Health, Education, Labor, and Resolved, That suitable copies of this reso- House Liaison, Department of Justice, trans- Pensions. lution, duly authenticated by the Secretary mitting, pursuant to law, the report of a EC–4196. A communication from the Direc- of State, be transmitted to the President of nomination returned for the position of tor of Regulations Policy and Management, the United States, the Prime Minister of Chair, Foreign Claims Settlement Commis- Food and Drug Administration, Department Canada, the Premier of New Brunswick, the sion, received on September 19, 2001; to the of Health and Human Services, transmitting, President of the Senate of the United States, Committee on the Judiciary. pursuant to law, the report of a rule entitled EC–4185. A communication from the White the Speaker of the House of Representatives ‘‘Medical Devices; Exemption From Notifica- of the United States, each Member of the House Liaison, Department of Justice, trans- tion Requirements; Class I Device’’ (Doc. No. mitting, pursuant to law, the report of the Maine Congressional Delegation, the Speak- 01N–0073) received on September 25, 2001; to designation of acting officer and a nomina- er of the Senate of Canada and the Speaker the Committee on Health, Education, Labor, tion for the position of Administrator, Office of the House of Commons of Canada, the and Pensions. Lieutenant Governor of New Brunswick, the of Juvenile Justice and Delinquency Preven- EC–4197. A communication from the Direc- tion, received on September 25, 2001; to the Speaker of the New Brunswick Legislative tor of the Regulations Policy and Manage- Assembly, the Canadian Department of Fish- Committee on the Judiciary. ment, Food and Drug Administration, De- EC–4186. A communication from the White eries and Oceans, the United States Fish and partment of Health and Human Services, House Liaison, Department of Justice, trans- Wildlife Service, the New Brunswick Depart- transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a ment of Natural Resources and Energy and a rule entitled ‘‘Secondary Direct Food Addi- nomination for the position of Assistant At- the Chairs of the Joint Standing Committee tives Permitted in Food for Human Con- torney General, Environment and Natural on Inland Fisheries and Wildlife and the Resources Division, received on September sumption’’ (Doc. No. 01F–1042) received on Chairs of the Joint Standing Committee on 25, 2001; to the Committee on the Judiciary. September 25, 2001; to the Committee on Marine Resources within the Maine State EC–4187. A communication from the White Health, Education, Labor, and Pensions. Legislature. House Liaison, Department of Justice, trans- EC–4198. A communication from the Direc- mitting, pursuant to law, the report of a tor of Regulations Policy and Management, POM–185. A joint resolution adopted by the nomination for the position of Assistant At- Food and Drug Administration, Department Legislature of the State of Alaska relative to torney General, Office of Justice Programs, of Health and Human Services, transmitting, digital orthoimagery and digital elevation received on September 25, 2001; to the Com- pursuant to law, the report of a rule entitled data; to the Committee on Appropriations. ‘‘Regulations on Statements Made for Die- mittee on the Judiciary. H.J. RES. 19 EC–4188. A communication from the White tary Supplements Concerning the Effect of Whereas reliable, current, statewide base House Liaison, Department of Justice, trans- the Product on the Structure or Function of geographic information is essential for pub- mitting, pursuant to law, the report of a the Body’’ (RIN0910–AB97) received on Sep- lic safety and continued economic develop- nomination for the position of Director, Bu- tember 25, 2001; to the Committee on Health, ment of our resources and to increase the reau of Justice Assistance, received on Sep- Education, Labor, and Pensions. livability of our state; and tember 25, 2001; to the Committee on the Ju- EC–4199. A communication from the Assist- Whereas orthoimagery and elevation data diciary. ant Secretary, Office for Civil Rights, De- EC–4189. A communication from the White partment of Education, transmitting, pursu- are considered the foundation of the frame- House Liaison, Department of Justice, trans- ant to law, the Annual Report for Fiscal work of base geographic data; and mitting, pursuant to law, the report of a Year 2000; to the Committee on Health, Edu- Whereas Alaska does not have digital nomination for the position of Director, Of- cation, Labor, and Pensions. orthoimagery or accurate elevation data; fice for Victims of Crime, received on Sep- EC–4200. A communication from the Sec- and tember 25, 2001; to the Committee on the Ju- retary of Health and Human Services, trans- Whereas Alaska’s statewide base geo- diciary. mitting, pursuant to law, a report on the Na- graphic information is very poor; United EC–4190. A communication from the White tional Information System for the Commu- States Geological Survey (USGS) maps of House Liaison, Department of Justice, trans- nity Service Block Grant Program for Fiscal Alaska are over 40 years old, lack statewide mitting, pursuant to law, the report of a Year 1998; to the Committee on Health, Edu- coverage, and do not meet National Map Ac- nomination for the position of Director, cation, Labor, and Pensions. curacy Standards; and there is no existing or Community Relations Service, received on f planned program to replace them; and September 25, 2001; to the Committee on the Whereas the current imagery of Alaska ac- Judiciary. PETITIONS AND MEMORIALS quired through the Alaska High Altitude EC–4191. A communication from the White The following petitions and memo- Aerial Photography Program is over 20 years House Liaison, Department of Justice, trans- rials were laid before the Senate and old, not in digital form, and therefore not mitting, pursuant to law, the report of a available for modern technological use; and were referred or ordered to lie on the Whereas leading state policymakers de- nomination for the position of Assistant At- table as indicated: torney General, Office of Legal Counsel, re- fined topographic and other basic mapping as ceived on September 25, 2001; to the Com- POM–184. A joint resolution adopted by the the number one mapping need at the Decem- mittee on the Judiciary. Legislature of the State of Maine relative to ber 2000 meeting sponsored by the National EC–4192. A communication from the White the St. Croix River; to the Committee on Aeronautics and Space Administration; and House Liaison, Department of Justice, trans- Foreign Relations. Whereas funding situations in federal and mitting, pursuant to law, the report of a JOINT RESOLUTION state agencies have not allowed Alaska to be nomination for the position of Associate At- Whereas, the passage of alewives, or a participant in the National Aerial Photog- torney General, Office of the Associate At- ‘‘gaspereaux,’’ upstream of the Woodland raphy Program and the National Digital torney General, received on September 25, Dam and Grand Falls Dam on the St. Croix Orthophoto Program providing complete aer- 2001; to the Committee on the Judiciary. River is a matter of mutual concern to the ial photography and orthoimagery coverage EC–4193. A communication from the White communities of the St. Croix River; and for the lower 48 states on a regular basis; and House Liaison, Department of Justice, trans- Whereas, the United States Government, Whereas NASA’s 2000 Shuttle Radar Topog- mitting, pursuant to law, the report of a the State of Maine, the Government of Can- raphy Mission for producing elevation data nomination for the position of Chair, For- ada and the Province of New Brunswick have for topographic mapping covered 80 percent eign Claims Settlement Commission, re- not yet completed a formal agreement re- of the world but less than 20 percent of Alas- ceived on September 25, 2001; to the Com- garding the release of alewives, or ka because it did not map above 60 degrees mittee on the Judiciary. ‘‘gaspereaux,’’ in the St. Croix river; and North latitude; and EC–4194. A communication from the Direc- Whereas, the Canadian Department of Whereas new orthoimagery and elevation tor of Regulations Policy and Management, Fisheries and Oceans has begun to truck and data provide common data foundation layers

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9874 CONGRESSIONAL RECORD — SENATE September 26, 2001 that would show current conditions and Yaggi, which nominations were received by *Michael Parker, of Mississippi, to be an trends on the Alaska landscape and are the the Senate and appeared in the Congres- Assistant Secretary of the Army. layers from which many types of geographic sional Record on September 5, 2001. *P.H. Johnson, of Mississippi, to be Federal information are extracted and to which Navy nomination of Rear Adm. (lh) Joseph Cochairperson, Delta Regional Authority. many types are registered that will allow D. Burns. *Marianne Lamont Horinko, of Virginia, to Alaska agencies, Native corporations, and Air Force nominations beginning Brigadier be Assistant Administrator, Office of Solid private organizations to better use Geo- General Ronald J. Bath and ending Colonel Waste, Environmental Protection Agency. graphic Information Systems technology to David A. Sprenkle, which nominations were *Mary E. Peters, of Arizona, to be Admin- aid in responsible decision-making; and received by the Senate and appeared in the istrator of the Federal Highway Administra- Whereas the Alaska Digital Orthoimagery Congressional Record on September 10, 2001. tion. Initiative prepared by the Alaska Geographic Navy nomination of Vice Adm. Scott A. *Brigadier General Edwin J. Arnold, Jr., Data Committee outlines the need for high- Fry. United States Army, to be a Member and resolution digital orthoimagery and digital Navy nomination of Rear Adm. (lh) Rand President of the Mississippi River Commis- elevation data for Alaska; and be it H. Fisher. sion, under the provisions of Section 2 of an Air Force nomination of Gen. John W. Resolved, That the Alaska State Legisla- Act of Congress, approved June 1879 (21 Stat. Handy. 37) (33 USC 642). ture urges the Congress of the United States Air Force nomination of Maj. Gen. Teed M. to pass legislation to fund the acquisition of *Brigadier General Carl A. Strock, United Moseley. States Army, to be a Member of the Mis- high-resolution digital orthoimagery and Air Force nomination of Lt. Gen. Robert H. digital elevation data for the entire state of sissippi River Commission, under the provi- Foglesong. sions of Section 2 of an Act of Congress, ap- Alaska as outlined by the Alaska Geographic Army nomination of Maj. Gen. Colby M. Data Committee. proved 28 June 1879 (21 Stat. 37) (22 USC 642). Broadwater III. *Nils J. Diaz, of Florida, to be a Member of Navy nomination of Adm. James O. Ellis the Nuclear Regulatory Commission for the POM–186. A joint resolution adopted by the Jr. Legislature of the State of Alaska relative to By Ms. COLLINS for the Committee on term of five years expiring June 30, 2006. the transport of firearms through Canada; to Armed Services. *Harold Craig Manson, of California, to be the Committee on Finance. Navy nomination of Vice Adm. Gregory G. Assistant Secretary for Fish and Wildlife. Johnson. (Nominee not placed on Executive Calendar RESOLUTION pending the Committee on Energy and Nat- Whereas Alaska is separated from the 48 Mr. LEVIN. Mr. President, for the ural Resources reporting.) Committee on Armed Services, I report contiguous states of the United States by *Nomination was reported with rec- Canada, and many Alaskans travel the Alas- favorably the following nomination ommendation that it be confirmed sub- ka, Taylor/Top of the World, Skagway/Klon- lists which were printed in the ject to the nominee’s commitment to dike, and Cassiar Highways and other high- RECORDS on the dates indicated, and ways in Canada to reach the 48 contiguous ask unanimous consent, to save the ex- respond to requests to appear and tes- states of the United States; and tify before any duly constituted com- Whereas Alaska borders the Yukon and pense of reprinting on the Executive Calendar that these nominations lie at mittee of the Senate. British Columbia, Canadians engage in rec- (Nominations without an asterisk the Secretary’s desk for the informa- reational activities in Alaska, and Alaskans were reported with the recommenda- tion of Senators. engage in recreational activities in Canada; tion that they be confirmed.) and The PRESIDING OFFICER. Without Whereas, in pursuit of these recreational objection, it is so ordered. f opportunities, Alaskans enter Canada at lo- Army nomination of Christopher P. Aiken. INTRODUCTION OF BILLS AND cations, some of which do not have a border Army nomination of Rodney D. McKitrick JOINT RESOLUTIONS station or customs personnel permanently II. stationed; and Army nomination of Randy J. Smeenk. The following bills and joint resolu- Whereas Alaska and the United States do Army nominations beginning Daniel T. tions were introduced, read the first not impose a fee for Canadians to transport Leslie and ending William C. Willing, which and second times by unanimous con- firearms into Alaska or the United States to nominations were received by the Senate and sent, and referred as indicated: engage in recreational activities; and appeared in the Congressional Record on Whereas the government of Canada re- September 4, 2001. By Mr. CRAPO (for himself and Mr. cently adopted new regulations that require Army nominations beginning Angelo CRAIG): visitors to Canada not having a valid Cana- Riddick and ending Hekyung L. Jung, which S. 1466. A bill to amend the Consolidated dian firearms license to declare their fire- nominations were received by the Senate and Farm and Rural Development Act to provide arms before entering Canada at a Canadian appeared in the Congressional Record on grants for special environmental assistance customs station, complete a Non-Resident September 4, 2001. for the regulation of communities and habi- Firearm Declaration Form, and pay a $50 Army nominations beginning Jeffrey S. tat (‘‘SEARCH grants’’) to small commu- (Canadian) confirmation fee; and Cain and ending Ryung Suh, which nomina- nities; to the Committee on Agriculture, Nu- Whereas the imposition of this fee on Alas- tions were received by the Senate and ap- trition, and Forestry. kans and those traveling to and from Alaska peared in the Congressional Record on Sep- By Mr. WELLSTONE (for himself, Mr. is inconvenient and unexpected, especially tember 4, 2001. HELMS, Mr. KOHL, Mr. AKAKA, Mr. when considering that neither Alaska nor Marine Corps nomination of Richard W. FEINGOLD, Mr. INOUYE, and Mr. the United States has a reciprocal declara- Britton. REED): tion and fee requirement; and be it Marine Corps nomination of Samuel E. S. 1467. A bill to amend the Hmong Vet- Resolved, That the Alaska State Legisla- Ferguson. erans’ Naturalization Act of 2000 to extend ture urges President Bush, the United States Navy nomination of Raymond E. Moses Jr. the deadlines for application and payment of Navy nominations beginning Johnny R. Department of State, and the United States fees; to the Committee on the Judiciary. Adams and ending Timothy J. Ziolkowski, Congress to intervene and negotiate with the By Mr. KYL: which nominations were received by the Sen- government of Canada to remove the dec- S. 1468. A bill for the relief of Ilko Vasilev ate and appeared in the Congressional laration and fee requirements in a manner Ivanov, Anelia Marinova Peneva, Marina Record on September 4, 2001. that allows Alaskans to engage in routine Ilkova Ivanova, and Julia Ilkova Ivanova; to Army nomination of Shaofan K. Xu. recreational, transport, and travel opportu- the Committee on the Judiciary. Navy nomination of Sandra P. Moriguchi. By Mr. REED (for himself, Mr. nities in Canada. Air Force nomination of Patrick J.* TORRICELLI, Mrs. CARNAHAN, Mr. Fletcher. f DURBIN, Mr. LIEBERMAN, Mr. Army nominations beginning Albert J. WELLSTONE, and Mrs. CLINTON): EXECUTIVE REPORTS OF Abbadessa and ending *X5391, which nomina- COMMITTEES S. 1469. A bill to amend the Head Start and tions were received by the Senate and ap- Early Head Start programs to ensure that The following executive reports of peared in the Congressional Record on Sep- children eligible to participate in those pro- committees were submitted: tember 10, 2001. grams are identified and treated for lead poi- Marine Corps nomination of Curtis W. soning, and for other purposes; to the Com- By Mr. LEVIN for the Committee on Marsh. Armed Services. Army nominations beginning Roger L. mittee on Health, Education, Labor, and *Department of Defense nomination of Armstead and ending Carl S. Young Jr, Pensions. Gen. Peter Pace. which nominations were received by the Sen- By Mr. SMITH of Oregon: S. 1470. A bill to establish a demonstration Air Force nomination of Lt. Gen. Charles ate and appeared in the Congressional program for school dropout prevention; to F. Wald. Record on September 19, 2001. Army nomination of Brig. Gen. Thomas J. the Committee on Health, Education, Labor, Romig. By Mr. JEFFORDS for the Com- and Pensions. Air Force nominations beginning Colonel mittee on Environment and Public By Mr. TORRICELLI (for himself, Mr. William P. Ard and ending Colonel Ronald D. Works. REED, Mrs. CLINTON, Mr. WELLSTONE,

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9875 Mr. DURBIN, Mrs. CARNAHAN, and Mr. BINGAMAN) was added as a cosponsor of S. 1397 LIEBERMAN): S. 685, a bill to amend title IV of the At the request of Mr. GRASSLEY, the S. 1471. A bill to amend titles XIX and XXI Social Security Act to strengthen name of the Senator from Nevada (Mr. of the Social Security Act to ensure that ENSIGN) was added as a cosponsor of S. children enrolled in the medicaid and State working families, and for other pur- children’s health insurance program are poses. 1397, a bill to ensure availability of the identified and treated for lead poisoning; to S. 905 mail to transmit shipments of day-old the Committee on Finance. At the request of Mr. HARKIN, the poultry. By Mr. KERRY (for himself and Mr. names of the Senator from Maryland S. 1400 BOND): (Mr. SARBANES) and the Senator from At the request of Mr. KYL, the name S. 1472. A bill to amend the Small Business of the Senator from New Mexico (Mr. Act to promote the involvement of small Rhode Island (Mr. REED) were added as BINGAMAN) was added as a cosponsor of business concerns and small business joint cosponsors of S. 905, a bill to provide ventures in certain types of procurement incentives for school construction, and S. 1400, a bill to amend the Illegal Im- contracts, to establish the Small Business for other purposes. migration Reform and Immigrant Re- Procurement Competition Program, and for sponsibility Act of 1996 to extend the S. 1194 other purposes; to the Committee on Small deadline for aliens to present a border Business and Entrepreneurship. At the request of Mr. SPECTER, the crossing card that contains a biometric By Mr. JOHNSON: name of the Senator from Pennsyl- identifier matching the appropriate bi- S. 1473. A bill to amend title 49, United vania (Mr. SANTORUM) was added as a ometric characteristic of the alien. States Code, to provide for the enhancement cosponsor of S. 1194, a bill to impose S. 1434 of security at airports in the United States. certain limitations on the receipt of By Mr. HARKIN (for himself and Mr. At the request of Mr. SPECTER, the out-of-State municipal solid waste, to name of the Senator from Hawaii (Mr. LUGAR): authorize State and local controls over S. 1474. A bill to amend the Federal Insec- INOUYE) was added as a cosponsor of S. ticide, Fungicide, and Rodenticide Act to ex- the flow of municipal solid waste, and 1434, a bill to authorize the President tend and improve the collection of mainte- for other purposes. to award posthumously the Congres- nance fees, and for other purposes; to the S. 1206 sional Gold Medal to the passengers Committee on Agriculture, Nutrition, and At the request of Mr. VOINOVICH, the and crew of United Airlines flight 93 in Forestry. name of the Senator from Georgia (Mr. By Mr. BREAUX (for himself and Mr. the aftermath of the terrorist attack LELAND HATCH): C ) was added as a cosponsor of on the United States on September 11, S. 1475. A bill to amend the Internal Rev- S. 1206, a bill to reauthorize the Appa- 2001. enue Code of 1986 to provide an appropriate lachian Regional Development Act of S. 1444 and permanent tax structure for investments 1965, and for other purposes. At the request of Mr. MCCONNELL, in the Commonwealth of Puerto Rico and the S. 1209 the name of the Senator from New possessions of the United States, and for other purposes; to the Committee on Fi- At the request of Mr. BINGAMAN, the Hampshire (Mr. GREGG) was added as a nance. name of the Senator from California cosponsor of S. 1444, a bill to establish a Federal air marshals program under f (Mrs. BOXER) was added as a cosponsor of S. 1209, a bill to amend the Trade the Attorney General. ADDITIONAL COSPONSORS Act of 1974 to consolidate and improve S. 1447 S. 540 the trade adjustment assistance pro- At the request of Mr. HOLLINGS, the At the request of Mr. DEWINE, the grams, to provide community-based name of the Senator from California name of the Senator from Utah (Mr. economic development assistance for (Mrs. FEINSTEIN) was added as a co- HATCH) was added as a cosponsor of S. trade-affected communities, and for sponsor of S. 1447, a bill to improve 540, a bill to amend the Internal Rev- other purposes. aviation security, and for other pur- enue Code of 1986 to allow as a deduc- S. 1257 poses. tion in determining adjusted gross in- At the request of Mr. REID, the S. 1454 come the deduction for expenses in names of the Senator from Connecticut At the request of Mrs. CARNAHAN, the connection with services as a member (Mr. LIEBERMAN) and the Senator from names of the Senator from Connecticut of a reserve component of the Armed Oregon (Mr. SMITH of Oregon) were (Mr. LIEBERMAN), the Senator from Forces of the United States, to allow added as cosponsors of S. 1257, a bill to Louisiana (Mr. BREAUX), the Senator employers a credit against income tax require the Secretary of the Interior to from Florida (Mr. NELSON of Florida), with respect to employees who partici- conduct a theme study to identify sites and the Senator from New Jersey (Mr. pate in the military reserve compo- and resources to commemorate and in- CORZINE) were added as cosponsors of S. nents, and to allow a comparable credit terpret the Cold War. 1454, a bill to provide assistance for em- for participating reserve component ployees who are separated from em- S. 1286 self-employed individuals, and for ployment as a result of reductions in At the request of Mrs. CARNAHAN, the other purposes. service by air carriers, and closures of name of the Senator from Vermont S. 543 airports, caused by terrorist actions or (Mr. JEFFORDS) was added as a cospon- At the request of Mr. DOMENICI, the security measures. sor of S. 1286, a bill to provide for name of the Senator from Alabama S.J. RES. 8 greater access to child care services for (Mr. SHELBY) was added as a cosponsor At the request of Ms. LANDRIEU, the Federal employees. of S. 543, a bill to provide for equal cov- names of the Senator from Indiana erage of mental health benefits with S. 1371 (Mr. BAYH) and the Senator from Ar- respect to health insurance coverage At the request of Mr. LEVIN, the kansas (Mrs. LINCOLN) were added as unless comparable limitations are im- name of the Senator from Michigan cosponsors of S.J. Res. 8, a joint resolu- posed on medical and surgical benefits. (Ms. STABENOW) was added as a cospon- tion designating 2002 as the ‘‘Year of S. 630 sor of S. 1371, a bill to combat money the Rose.’’ At the request of Mr. BURNS, the laundering and protect the United S.J. RES. 18 name of the Senator from Wyoming States financial system by strength- At the request of Mr. SARBANES, the (Mr. THOMAS) was added as a cosponsor ening safeguards in private banking name of the Senator from North Da- of S. 630, a bill to prohibit senders of and correspondent banking, and for kota (Mr. DORGAN) was added as a co- unsolicited commercial electronic mail other purposes. sponsor of S.J. Res. 18, a joint resolu- from disguising the source of their S. 1379 tion memorializing fallen firefighters messages, to give consumers the choice At the request of Mr. KENNEDY, the by lowering the United States flag to to cease receiving a sender’s unsolic- name of the Senator from Illinois (Mr. half-staff on the day of the National ited commercial electronic mail mes- DURBIN) was added as a cosponsor of S. Fallen Firefighters Memorial Service sages, and for other purposes. 1379, a bill to amend the Public Health in Emmitsburg, Maryland. S. 685 Service Act to establish an Office of S. CON. RES. 66 At the request of Mr. BAYH, the name Rare Diseases at the National Insti- At the request of Mr. STEVENS, the of the Senator from New Mexico (Mr. tutes of Health, and for other purposes. names of the Senator from Kentucky

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9876 CONGRESSIONAL RECORD — SENATE September 26, 2001 (Mr. MCCONNELL) and the Senator from in Idaho in 1999 and 2000. In short, the from $9,000 to $319,000. Communities North Dakota (Mr. DORGAN) were added bill establishes a simplified application serving Native Americans and mi- as cosponsors of S. Con. Res. 66, a con- process for communities with popu- grants, as well as several innovative current resolution to express the sense lations under 2,500 to receive assistance collaborative efforts were included in of the Congress that the Public Safety grants for meeting a broad array of the successful applicants. The commu- Officer Medal of Valor should be award- Federal, State, or local environmental nities that were not selected are being ed to public safety officers killed in the regulations. Grants would be available given assistance in exploring other line of duty in the aftermath of the ter- for initial feasibility studies, to ad- funding sources and other advice. rorist attacks of September 11, 2001. dress unanticipated costs arising dur- The response and feedback from all AMENDMENT NO. 1621 ing the course of a project, or when a participants has been overwhelmingly At the request of Mr. DAYTON, the community demonstrates that other positive. Officials from the state and name of the Senator from Arkansas sources of funding are unavailable or federal government who witnessed the (Mrs. LINCOLN) was added as a cospon- insufficient. process have stated that the process sor of amendment No. 1621 intended to Some of the major highlights of the worked well and was able to accom- be proposed to S. 1438, a bill to author- program are: a simplified application plish much on a volunteer basis. There ize appropriations for fiscal year 2002 process—no special grants coordinators was even extraordinary appreciation for military activities of the Depart- required; communities must first have from other funding agencies because ment of Defense, for military construc- attempted to receive funds from tradi- some communities they were not able tions, and for defense activities of the tional sources; it is open to studies or to reach were provided funds for feasi- Department of Energy, to prescribe projects involving any environmental bility studies. personnel strengths for such fiscal year regulation; applications are reviewed The conclusion of all participants for the Armed Forces, and for other and approved by citizens panel of vol- was that Project SEARCH is a program purposes. unteers; the panel chooses the number worthy of being expanded nationally. of recipients and size of grants; the So many small communities in so AMENDMENT NO. 1636 panel consists of volunteers rep- many states can benefit from a pro- At the request of Mr. HELMS, the resenting all regions of the state; and gram that assists underserved and names of the Senator from Alaska (Mr. no local match is required to receive often overlooked communities. This MURKOWSKI) and the Senator from the SEARCH funds. legislation provides us the opportunity Utah (Mr. HATCH) were added as co- Over the past several years, it has be- to help small communities throughout sponsors of amendment No. 1636 in- come increasingly apparent that small the United States. tended to be proposed to S. 1438, a bill communities are having problems com- I have been encouraged by state- to authorize appropriations for fiscal plying with environmental rules and ments from regulatory officials at the year 2002 for military activities of the regulations due primarily to lack of Federal, State, and local level that Department of Defense, for military funding, not a willingness to do so. have identified small communities as constructions, and for defense activi- They, like all of us, want clean water particularly in need of assistance in ties of the Department of Energy, to and air and a healthy natural environ- this area. Environmental organizations prescribe personnel strengths for such ment. Sometimes, they simply cannot have also made favorable remarks fiscal year for the Armed Forces, and shoulder the financial burden with about the importance of assisting for other purposes. their limited resources. small communities with the compli- f In addition, small communities wish- ance costs of environmental regula- ing to pursue unique collaborative ef- STATEMENTS ON INTRODUCED tions. Finally, I should also note that forts might be discouraged by grant ad- BILLS AND JOINT RESOLUTIONS organizations representing small towns ministrators who prefer conformity. and rural areas recognize this long By Mr. CRAPO (for himself and Some run into unexpected costs during overlooked problem. Mr. CRAIG): a project and have borrowed and bond- I invite my colleagues to take this S. 1466. A bill to amend the Consoli- ed to the maximum. Others are in crit- opportunity to assist small commu- dated Farm and Rural Development ical habitat locations and any project nities in each of their States. Although Act to provide grants for special envi- may have additional costs, which may the grant program provided for in this ronmental assistance for the regula- not be recognized by traditional finan- bill is not large in comparison to other tion of communities and habitat cial sources. Still others just need help things the Federal Government funds, (‘‘SEARCH grants’’) to small commu- for the initial environmental feasi- these resources could be put to good nities; to the Committee on Agri- bility study so they can identify the and effective use, as Idaho has proven. culture, Nutrition, and Forestry. most effective path forward. Moreover, I will remind everyone that Mr. CRAPO. Mr. President, I rise With these needs in mind, in 1998, I nowhere does this measure con- today to introduce legislation to au- was able to secure $1.3 million for a template a change in environmental thorize a national environmental grant program for Idaho’s small com- regulations or standards. This is sim- grants program called Project munities. Idaho’s program does not re- ply about relief for small communities SEARCH. Project SEARCH is a sim- place other funding sources, but serves that would not otherwise be able to plified, flexible program that targets as a final resort when all other means serve the public interest or the envi- small communities most in need of as- have been exhausted. ronment. sistance in meeting environmental The application process was sim- goals. plified so that any small town mayor, By Mr. WELLSTONE (for him- I am particularly excited about the county commissioner, sewer district self, Mr. HELMS, Mr. KOHL, Mr. proposal. I have heard from partners chairman, or community leader could AKAKA, Mr. FEINGOLD, Mr. interested in helping with the legisla- manage it without hiring a profes- INOUYE, and Mr. REED): tion and from colleagues who recognize sional grant writer. An independent S. 1467. A bill to amend the Hmong the unique challenges small commu- citizens committee with statewide rep- Veterans’ Naturalization Act of 2000 to nities face achieving environmental resentation was established to make extend the deadlines for application goals. Because of our mutual interest the selections and get the funds on the and payment of fees; to the Committee in helping small communities respond ground as quickly as possible. No bu- on the Judiciary. to environmental problems, I invite my reaucratic or political intrusions were Mr. WELLSTONE. Mr. President, colleagues to join me in supporting permitted. today I am introducing the Bruce this measure. Forty-four communities in Idaho ul- Vento Hmong Veterans’ Naturalization The national Project SEARCH, Spe- timately applied, not including two Extension Act. The Act is named after cial Environmental Assistance for the that failed to meet the eligibility re- my late colleague and dear friend, Con- Regulation of Communities and Habi- quirements. Ultimately, twenty-one gressman Bruce Vento. Congressman tat, concept is based on a pilot pro- communities were awarded grants in Vento dedicated much of his career to gram that operated with great success several categories, and ranged in size working with the Hmong community

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9877 in Minnesota. He worked for a decade S. 1468 Act, or the Children’s Lead SAFE Act, to ensure the passage of the Hmong Be it enacted by the Senate and House of Rep- would require Medicaid contractors to Veterans Naturalization Act. This bill resentatives of the United States of America in comply with existing requirements to would make it possible for all eligible Congress assembled, provide screening, treatment and any Hmong veterans and their wives to re- SECTION 1. PERMANENT RESIDENCE. necessary follow-up services for Med- ceive the benefits they are due under In the administration of the Immigration icaid-eligible children who test positive and Nationality Act (8 U.S.C. 1101 et seq.), this Act by extending the application Ilko Vasilev Ivanov, Anelia Marinova for lead poisoning. To be clear, this is deadline from November 26, 2001 to May Peneva, Marina Ilkova Ivanova, and Julia not imposing any new mandate on 26, 2003. Ilkova Ivanova shall be held and considered State Medicaid contractors. It is sim- With less than 3 months remaining to have been lawfully admitted to the United ply trying to make current law more before the deadline passes for most of States for permanent residence as of the date effective by explicitly requiring health those covered under the Act, only 25 of the enactment of this Act upon payment care providers to comply with Federal percent of all eligible applicants have of the required visa fees. lead screening requirements that have filed for citizenship. Advocates for the SEC. 2. REDUCTION OF NUMBER OF AVAILABLE been in existence since 1992. Hmong believe it will be impossible for VISAS. This new, stronger mandate has be- Upon the granting of permanent residence all those eligible to file by the dead- to Ilko Vasilev Ivanov, Anelia Marinova come necessary because 82 percent of line. The Hmong community has faced Peneva, Marina Ilkova Ivanova, and Julia children ages one through five have many challenges in getting veterans Ilkova Ivanova as provided in this Act, the never been screened for lead poisoning, and their wives filed. The Department Secretary of State shall instruct the proper even though they were receiving health of Justice did not release its guidelines officer to reduce by the appropriate number care benefits or services through Med- for 21⁄2 months and many INS regional during the current fiscal year the total num- icaid, WIC, or the Health Centers pro- offices were unfamiliar with the guide- ber of immigrant visas available to natives gram, according to a recent report lines for a period of time after that, re- of the country of the aliens’ birth under sub- from the General Accounting Office, sulting in eligible Hmong applicants section (a) of section 203 of the Immigration GAO, despite long standing Federal re- and Nationality Act (8 U.S.C. 1153). being turned away. The language bar- quirements. This means that of the es- rier that created the need for the By Mr. REED (for himself, Mr. timated 890,000 children in the U.S. Hmong Veteran Naturalization Act in TORRICELLI, Mrs. CARNAHAN, with elevated blood lead levels, over the first place has meant that many Mr. DURBIN, Mr. LIEBERMAN, 400,000 have never been identified or Hmong needed assistance from Hmong Mr. WELLSTONE, and Mrs. CLIN- treated. Even more disconcerting is community advocates to understand TON): that 50 percent of our States do not the citizenship process and to fill out S. 1469. A bill to amend the Head have screening policies that are con- the citizenship application. These ad- Start and Early Head Start programs sistent with Federal requirements. vocacy organizations are vastly under- to ensure that children eligible to par- The reason why our two bills specifi- resourced and are overwhelmed by the ticipate in those programs are identi- cally focus on specific Federal pro- demand for help from Hmong appli- fied and treated for lead poisoning, and grams stems from the GAO report, cants. for other purposes; to the Committee which indicated that 77 percent of U.S. I want to make it clear. This bill on Health, Education, Labor, and Pen- children with high levels of lead in would not increase the number of eligi- sions. their blood are enrolled in Federal pro- ble applicants. It in no way would Mr. REED. Mr. President, I rise grams, highlighting the viral role of change the other requirements of the today along with my colleague, Sen- these programs in helping to eliminate law. It simply would provide a nec- ator TORRICELLI of New Jersey, to in- the preventable tragedy of childhood essary extension for existing eligible troduce two pieces of legislation we be- lead poisoning. Better involvement by applicants. lieve are absolutely critical to our on- Federal programs in promoting screen- As the Senator from Minnesota, I am going effort to combat childhood lead ing and treatment is also critical to re- proud to represent one of the largest poisoning. These two bills, the Early ducing the significant health care and Hmong populations in America. My ex- Childhood Lead Poisoning Prevention special education costs associated with perience as a Senator has become much Act and the Children’s Lead SAFE Act, the irreversible effects of lead poi- richer as a result of coming to know are intended to improve our ability to soning, which include the impairment the history and culture of the Hmong detect and treat children at high risk of mental and physical development. people in Minnesota. I deeply respect of lead poisoning, as well as expand our We need to find the will and the re- their extraordinary efforts in support network of Federal program sites sources to eradicate lead hazards for of the American people. I urge my col- where children at increased risk of lead millions of at-risk children. We also leagues’ strong support of this legisla- poisoning can be screened. need to make more Americans aware of tion. The original Act was passed be- The Early Childhood Lead Poisoning the dangers of lead poisoning. I am cause of Hmong veterans’ tremendous Prevention Act requires WIC and Head committed to addressing this crisis, sacrifice on behalf of the United States Start/Early Head Start programs with and I hope my colleagues will join us in during the Vietnam War and because of children under age 3 to assess whether supporting these bills and other lead the unique literacy challenges the a child participant has been screened poisoning prevention efforts. Hmong community faces. It would be for lead, and provide and track refer- I ask consent that the text of the wrong to deny the benefits of the Act rals for any child who has not been ap- Early Childhood Lead Poisoning Pre- to eligible veterans for reasons that are propriately screened. The bill also calls vention Act be printed in the RECORD. beyond their control. Let us fulfill the upon WIC and Head Start/Early Head There being no objection, the bill was intent of the Act we passed last year Start grantees to ensure that all en- ordered to be printed in the RECORD, as and ensure that these veterans and rolled children are screened for lead follows: their families receive the benefits they poisoning and grants these entities the S. 1469 are due. authority to perform or arrange blood Be it enacted by the Senate and House of Rep- resentatives of the United States of America in By Mr. KYL: lead screening for program partici- Congress assembled, S. 1468. A bill for the relief of Ilko pants. Lastly, the bill allows WIC clin- SECTION 1. SHORT TITLE. Vasilev Ivanov, Anelia Marinova ics and Head Start/Early Head Start This Act may be cited as the ‘‘Early Child- Peneva, Marina Ilkova Ivanova, and grantees to seek reimbursement hood Lead Poisoning Prevention Act of Julia Ilkova Ivanova; to the Com- through Medicaid or the State Chil- 2001’’. mittee on the Judiciary. dren’s Heath Insurance Program, CHIP, SEC. 2. LEAD POISONING SCREENING FOR THE Mr. KYL. Mr. President, I ask unani- for eligible children who have received HEAD START AND EARLY HEAD START PROGRAMS. mous consent that the text of the bill a lead screening test in accordance Section 645A of the Head Start Act (42 be printed in the RECORD. with CDC recommendations or Med- U.S.C 9840a) is amended— There being no objection, the bill was icaid policy. (1) in the first sentence of subsection (d), ordered to be printed in the RECORD, as The Children’s Lead Screening Ac- by inserting before the period the following: follows: countability for Early Intervention ‘‘and shall comply with subsection (h)’’; and

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(2) by adding at the end the following: directly, for infants and toddlers under the ‘‘(D) RULE OF CONSTRUCTION.—Nothing in ‘‘(h) LEAD POISONING SCREENING.— age of 3 years.’’. this paragraph shall be construed as requir- ‘‘(1) IN GENERAL.—An entity shall— SEC. 3. LEAD POISONING SCREENING FOR SPE- ing a child eligible to participate in the pro- ‘‘(A) determine whether a child eligible to CIAL SUPPLEMENTAL NUTRITION gram under this section to undergo a blood participate in the program described in sub- PROGRAM FOR WOMEN, INFANTS, lead screening test if the child’s parent or AND CHILDREN. guardian objects to the test on the ground section (a)(1) has received a blood lead Section 17(d) of the Child Nutrition Act of screening test using a test that is appro- that the test is inconsistent with the par- 1966 (42 U.S.C. 1786(d)) is amended by adding ent’s or guardian’s religious beliefs.’’. priate for age and risk factors upon the en- at the end the following: SEC. 4. EFFECTIVE DATE. rollment of the child in the program; and ‘‘(4) LEAD POISONING SCREENING.— (a) IN GENERAL.—Except as provided in ‘‘(B) in the case of a child who has not re- ‘‘(A) IN GENERAL.—A State agency shall— ceived a blood lead screening test, ensure subsection (b), the amendments made by this ‘‘(i) determine whether an infant or child Act take effect on the date that is 18 months that each enrolled child receives such a test eligible to participate in the program under either by referral or by performing the test after the date of enactment of this Act. this section has received a blood lead screen- (b) WIC AND EARLY HEAD START WAIVERS.— (under contract or otherwise). ing test using a test that is appropriate for (1) IN GENERAL.—A State agency or con- ‘‘(2) SCREENINGS BY ENTITIES.— age and risk factors upon the enrollment of tractor administering the program of assist- ‘‘(A) IN GENERAL.—An entity may (under the infant or child in the program; and ance under the special supplemental nutri- contract or otherwise) perform a blood lead ‘‘(ii) in the case of an infant or child who tion program for women, infants and chil- screening test that is appropriate for age and has not received a blood lead screening test— dren (WIC) under section 17 of the Child Nu- risk factors on a child who seeks to partici- ‘‘(I) refer the infant or child for receipt of trition Act of 1966 (42 U.S.C. 1786), or an enti- pate in the program. the test; and ty carrying out activities under section 645A EIMBURSEMENT.— ‘‘(B) R ‘‘(II) determine whether the infant or child of the Head Start Act (42 U.S.C 9840a) may be ‘‘(i) CHILDREN ENROLLED IN OR ELIGIBLE FOR receives the test during a routine visit with awarded a waiver from the amendments MEDICAID.—On the request of an entity that a health care provider. made by sections 2 and 3 (as applicable) if performs or arranges for the provision of a ‘‘(B) SCREENINGS BY STATE AGENCIES.— the State where the agency, contractor, or blood lead screening test under subparagraph ‘‘(i) IN GENERAL.—A State agency may entity is located establishes to the satisfac- (A) of a child that is eligible for or receiving (under contract or otherwise) perform a tion of the Secretary of Health and Human medical assistance under a State plan under blood lead screening test that is appropriate Services, in accordance with requirements title XIX of the Social Security Act (42 for age and risk factors on an infant or child and procedures recommended in accordance U.S.C. 1396 et seq.), the Secretary of Health who seeks to participate in the program. with paragraph (2) to the Secretary by the and Human Services, notwithstanding any ‘‘(ii) REIMBURSEMENT.— Director of the Centers for Disease Control other provision of, or limitation under, title ‘‘(I) CHILDREN ENROLLED IN OR ELIGIBLE FOR and Prevention, in consultation with the XIX of the Social Security Act, shall reim- MEDICAID.—On the request of a State agency Centers for Disease Control and Prevention burse the entity, from funds that are made that performs or arranges for the provision Advisory Committee on Childhood Lead Poi- available under that title, for the Federal of a blood lead screening test under clause (i) soning Prevention, a plan for increasing the medical assistance percentage (as defined in of an infant or child that is eligible for or re- number of blood lead screening tests of chil- section 1905(b) of the Social Security Act (42 ceiving medical assistance under a State dren enrolled in the WIC and the Early Head U.S.C. 1396d(b)) of the cost of the test and plan under title XIX of the Social Security Start programs in the State. data reporting. Such costs shall include, if Act (42 U.S.C. 1396 et seq.), the Secretary of (2) DEVELOPMENT OF WAIVER PROCEDURES determined to be desirable by the State Health and Human Services, notwith- AND REQUIREMENTS.—Not later than 12 agency, the costs of providing screening standing any other provision of, or limita- months after the date of enactment of this through clinical laboratories certified under tion under, title XIX of the Social Security Act, the Director of the Centers for Disease section 353 of the Public Health Service Act Act, shall reimburse the State agency, from Control and Prevention, in consultation with (42 U.S.C. 263a), or purchasing, for use at funds that are made available under that the Centers for Disease Control and Preven- sites providing services under this section, title, for the Federal medical assistance per- tion Advisory Committee on Childhood Lead blood lead testing instruments and associ- centage (as defined in section 1905(b) of the Poisoning Prevention, shall develop and rec- ated supplies approved for sale by the Food Social Security Act (42 U.S.C. 1396d(b)) of the ommend to the Secretary of Health and and Drug Administration and used in compli- cost of the test and data reporting. Such Human Services criteria and procedures (in- ance with such section 353. costs shall include, if determined to be desir- cluding a timetable for the submission of the ‘‘(ii) CHILDREN ENROLLED IN OR ELIGIBLE able by the State agency, the costs of pro- State plan described in paragraph (1)) for the FOR SCHIP.—In the case of a blood lead viding screening through clinical labora- award of waivers under that paragraph. screening test performed under subparagraph tories certified under section 353 of the Pub- (A) (by the entity or under contract with the lic Health Service Act (42 U.S.C. 263a), or By Mr. SMITH of Oregon: entity) on a child who is eligible for or re- purchasing, for use at sites providing serv- S. 1470. A bill to establish a dem- ceiving medical assistance under a State ices under this section, blood lead testing in- onstration program for school dropout plan under title XXI of the Social Security struments and associated supplies approved prevention; to the Committee on Act, the Secretary of Health and Human for sale by the Food and Drug Administra- Health, Education, Labor, and Pen- Services, notwithstanding any other provi- tion and used in compliance with such sec- sions. sion of, or limitation under, such title XXI, tion 353. Mr. SMITH of Oregon. Mr. President, shall reimburse the entity, from funds that ‘‘(II) CHILDREN ENROLLED IN OR ELIGIBLE I rise today to introduce the Dropout are made available under that title, for the FOR SCHIP.—In the case of a blood lead enhanced FMAP (as defined in section 2105(b) screening test performed under clause (i) (by Reduction Outreach Program Act of of the Social Security Act (42 U.S.C. the State agency or under contract with the 2001 known as DROP. I have been deep- 1397ee(b)) of the cost of the test and data re- State agency) on an infant or child who is el- ly concerned about the high number of porting. Such costs shall include the costs igible for or receiving medical assistance students dropping out of school in Or- described in the second sentence of clause (i). under a State plan under title XXI of the So- egon and around the country. We all ‘‘(3) AUTHORIZATION FOR EARLY HEAD cial Security Act, the Secretary of Health know that for children at risk, having START.—There is authorized to be appro- and Human Services, notwithstanding any a relationship with a caring adult in priated such sums as may be necessary to other provision of, or limitation under, such school is often the only reason stu- carry out this subsection with respect to title XXI, shall reimburse the State agency, dents choose to stay in school. But blood lead screening tests performed under from funds that are made available under this subsection on an infant or child, and that title, for the enhanced FMAP (as de- many of our schools, facing tight budg- any data reporting with respect to such in- fined in section 2105(b) of the Social Security ets, have had to cut guidance coun- fant or child, who is not eligible for coverage Act (42 U.S.C. 1397ee(b)) of the cost of the selors, the very people whose top pri- under title XIX or XXI of the Social Security test and data reporting. Such costs shall in- ority is helping our kids manage the Act, or is not otherwise covered under a clude the costs described in the second sen- difficult terrain of middle and high health insurance plan. tence of subclause (I). school academies and social life. ‘‘(4) RULE OF CONSTRUCTION.—Nothing in ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— This bill will provide funds to dem- this subsection shall be construed as requir- There is authorized to be appropriated such onstrate what we know by instinct: ing a child eligible to participate in the pro- sums as may be necessary to carry out this that these guidance counselors can gram described in subsection (a)(1) to under- paragraph with respect to blood lead screen- make a significant difference in reduc- go a blood lead screening test if the child’s ing tests performed under this paragraph on ing our dropout rates. Funding will parent or guardian objects to the test on the an infant or child, and any data reporting ground that the test is inconsistent with the with respect to such infant or child, who is help districts with particularly high parent’s or guardian’s religious beliefs. not eligible for coverage under title XIX or dropout rates hire more counselors, ‘‘(5) HEAD START.—The provisions of this XXI of the Social Security Act, or is not oth- and train teachers and administrators subsection shall apply to head start pro- erwise covered under a health insurance in the most effective methods for grams that include coverage, directly or in- plan. working with at-risk students.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9879 We have spent many hours in this Lead poisoning is one of the dan- There being no objection, the bill was chamber this year debating the way gerous environmental health hazards ordered to be printed in the RECORD, as ahead for education in this country. We for young children. It is estimated that follows: discussed and provided funding for 890,000 children nationally suffer from S. 1471 many programs that should allow elevated blood lead levels. Lead poi- Be it enacted by the Senate and House of Rep- every child in this country the oppor- soning causes damage to the brain and resentatives of the United States of America in tunity to receive a high quality edu- nervous system, loss in IQ, impaired Congress assembled, cation. And yet, recent numbers from physical development and behavioral SECTION 1. SHORT TITLE. my State project that nearly one in problems. High levels of exposure to This Act may be cited as the ‘‘Children’s Lead Screening Accountability For Early- five children in Oregon will drop out of lead can result in comas, convulsions and death. Poor and minority children Intervention Act of 2001’’ or the ‘‘Children’s school before graduation. Lead SAFE Act’’. are most at-risk of lead poisoning be- If you think this statistic is sobering, SEC. 2. FINDINGS AND PURPOSES. consider that the dropout rate for mi- cause of inadequate diets and exposure (a) FINDINGS.—Congress finds that— nority students is higher still. Dropout to environmental hazards such as old (1) lead poisoning remains a serious envi- rates among Hispanic, Native Amer- housing. ronmental risk, especially to the health of ican, and African American children in In an effort to alleviate this problem, young children; Oregon are all in double digits for each in 1992, Congress instructed the Health (2) childhood lead poisoning can cause re- Care Financing Administration to re- ductions in IQ, attention span, reading, and year of high school. learning disabilities, and other growth and We know some of the warning signs quire States to lead screen Medicaid children under the age of two. The behavior problems; for dropping out: getting behind in (3) children under the age of 6 are at the coursework, working more than 15 screening would have enabled the high- est-risk children to be tested and treat- greatest risk of suffering the effects of lead hours each week, dysfunctional home poisoning because of the sensitivity of their life, substance abuse, pregnancy, and ed before lead poisoning impaired their developing brains and nervous systems, development. Despite the Federal law, lack of parental support for education, while children under the age of 3 are espe- however, a study from the General Ac- but spotting these indicators and keep- cially at risk due to their stage of develop- counting Office indicates that cur- ment and hand-to-mouth activities; ing students in school are not the rently two-thirds of all Medicaid chil- (4) poor children and minority children are same. dren remain unscreened and that only at substantially higher risk of lead poi- With the economy increasingly de- half the States have screening policies soning; pendent on highly trained technical consistent with the law. In New Jersey, (5) three-fourths of all children ages 1 workers, a high school diploma is now through 5 found to have an elevated blood only 30% of children covered by Med- a minimum credential for success in lead level in a Centers for Disease Control icaid are tested. American society. Keeping students in and Prevention nationally representative The Children’s Lead Screening Ac- sample were enrolled in or targeted by Fed- school is one way we can help Amer- countability for Early-Intervention ica’s young people achieve success in eral health care programs, specifically the Act or Children’s Lead SAFE Act will medicaid program, the special supplemental their lives, while maintaining our sta- create a lead screening safety net that nutrition program for women, infants, and tus as a world leader. will, though the Medicaid and State children (WIC), and the community health The DROP Act will establish a multi- Children’s Health Insurance, SCHIP, centers programs under section 330 of the state demonstration program that will programs, ensure that children en- Public Health Service Act, equating to an es- fund school counselor positions in mid- rolled in these programs receive blood timated 688,000 children nationwide; (6) the General Accounting Office esti- dle and high schools with high dropout lead screenings and appropriate follow- mates that 2⁄3 of the 688,000 children who rates. it will also offer specialized up care. Specifically, this legislation training to guidance counselors and have elevated blood lead levels and are en- will require state Medicaid contracts rolled in or targeted by Federal health care teachers who work with ‘‘at risk’’ stu- to explicitly require health manage- programs have never been screened for lead; dents. The effects of these demonstra- ment organizations to comply with fed- (7) although the Health Care Financing Ad- tion projects will be carefully mon- eral rules related to lead screening and ministration has required mandatory blood itored, and evaluations reported back treatment. The bill will expand Med- lead screenings for children enrolled in the to the Secretary of Education, who will icaid coverage to include lead treat- medicaid program who are not less than 1 then share them with Congress, states, ment services and environmental in- nor more than 5 years of age, less than 20 and educators who wish to address this percent of these children have received such vestigations to determine the source of screenings; problem. the poisoning. While the DROP Act requires only a (8) the Health Care Financing Administra- The Early Childhood Lead Poisoning tion mandatory screening policy has not small financial commitment, it has the Prevention Act of 2001 requires the been effective, or sufficient, to properly iden- potential to have far-reaching implica- Head Start, Early Head Start and tify and screen children enrolled in the med- tions as our society gears up to lead Women, Infants and Children, WIC, icaid program who are at risk; the world into the 21st century. I en- programs to determine if enrolled chil- (9) only about 1⁄2 of State programs have courage my colleagues to support this dren under age three have received a screening policies consistent with Federal legislation as a way to help all our na- blood lead screening test appropriate policy; and tion’s children achieve their highest for their age and risk factors. This leg- (10) adequate treatment services are not potential. uniformly available for children with ele- islation also requires that these pro- vated blood lead levels. grams provide and track referrals for (b) PURPOSE.—The purpose of this Act is to By Mr. TORRICELLI (for himself, any child who has not been screened create a lead screening safety net that will, Mr. REED, Mrs. CLINTON, Mr. for lead poisoning. Importantly, this through the medicaid and State children’s WELLSTONE, Mr. DURBIN, Mrs. legislation authorizes WIC, Head Start health insurance program, ensure that chil- CARNAHAN, and Mr. LIEBERMAN): and Early Head Start programs to seek dren enrolled in those programs receive S. 1471. A bill to amend titles XIX reimbursement through Medicaid or blood lead screenings and appropriate fol- lowup care. and XXI of the Social Security Act to the SCHIP program for eligible chil- ensure that Children enrolled in the SEC. 3. INCREASED LEAD POISONING dren who have received a lead screen- SCREENINGS AND TREATMENTS Medicaid and State children’s health ing test. UNDER THE MEDICAID PROGRAM. insurance program are identified and The health and safety of our children (a) REPORTING REQUIREMENT.—Section treated for lead poisoning; to the com- would be greatly enhanced with the 1902(a)(43)(D) of the Social Security Act (42 mittee on Finance. passage of these important measures. U.S.C. 1396a(a)(43)(D)) is amended— Mr. TORRICELLI. Mr. President, I Childhood lead poisoning is easily pre- (1) in clause (iii), by striking ‘‘and’’ at the rise today along with my colleague, ventable and I hope my colleagues will end; (2) in clause (iv), by striking the semicolon Senator REED of Rhode Island, to intro- join us in support of this legislation. and inserting ‘‘, and’’; and duce the Children’s Lead Screening Ac- At this time, I ask that the text of (3) by adding at the end the following new countability for Early-Intervention the Children’s Lead Screening Ac- clause: Act of 2001 and the Early Childhood countability for Early-Intervention ‘‘(v) the number of children who are under Lead Poisoning Prevention Act of 2001. Act of 2001 be printed in the RECORD. the age of 3 and enrolled in the State plan

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9880 CONGRESSIONAL RECORD — SENATE September 26, 2001 under this title and the number of those chil- and minerals prescribed for treatment of an ‘‘(iv) The rights of families under the Resi- dren who have received a blood lead screen- EBLL; dential Lead-Based Paint Hazard Reduction ing test;’’. ‘‘(iv) medically indicated inpatient serv- Act of 1992 (42 U.S.C. 4851 et seq.). (b) MANDATORY SCREENING REQUIRE- ices including pediatric intensive care and ‘‘(E) The term ‘environmental investiga- MENTS.—Section 1902(a) of the Social Secu- emergency services; tion’ means the process of determining the rity Act (42 U.S.C. 1396a(a)) is amended— ‘‘(v) medical nutrition therapy when medi- source of a child’s exposure to lead by an in- (1) in paragraph (64), by striking ‘‘and’’ at cally indicated by a nutritional assessment, dividual that is certified or registered to per- the end; that shall be furnished by a dietitian or form such investigations under State or (2) in paragraph (65), by striking the period other nutrition specialist who is authorized local law, including the collection and anal- and inserting ‘‘; and’’; and to provide such services under State law; ysis of information and environmental sam- (3) by inserting after paragraph (65) the fol- ‘‘(vi) referral— ples from a child’s living environment. For lowing new paragraph: ‘‘(I) when indicated by a nutritional assess- purposes of this subparagraph, a child’s liv- ‘‘(66) provide that each contract entered ment, to the State agency or contractor ad- ing environment includes the child’s resi- into between the State and an entity (includ- ministering the program of assistance under dence or residences, residences of frequently ing a health insuring organization and a the special supplemental nutrition program visited caretakers, relatives, and playmates, medicaid managed care organization) that is for women, infants and children (WIC) under and the child’s day care site. Such investiga- responsible for the provision (directly or section 17 of the Child Nutrition Act of 1966 tions shall be conducted in accordance with through arrangements with providers of (42 U.S.C. 1786) and coordination of clinical the standards of the Department of Housing services) of medical assistance under the and Urban Development for the evaluation State plan shall provide for— management with that program; and ‘‘(II) when indicated by a clinical or devel- and control of lead-based paint hazards in ‘‘(A) compliance with mandatory blood housing and in compliance with State and lead screening requirements that are con- opmental assessment, to the State agency responsible for early intervention and spe- local health agency standards for environ- sistent with prevailing guidelines of the Cen- mental investigation and reporting. ters for Disease Control and Prevention for cial education programs under the Individ- uals with Disabilities Education Act (20 ‘‘(2) For purposes of paragraph (1)(A)(ii), a such screening; and child described in this paragraph is a child ‘‘(B) coverage of qualified lead treatment U.S.C. 1400 et seq.); and ‘‘(vii) environmental investigation, as de- who— services described in section 1905(x) includ- ‘‘(A) has attained 6 months but has not at- ing diagnosis, treatment, and follow-up fur- fined in subparagraph (E). ‘‘(C) The term ‘lead-related case manage- tained 6 years of age; and nished for children with elevated blood lead ‘‘(B) has been identified as having a blood levels in accordance with prevailing guide- ment’ means the coordination, provision, and oversight of the nonmedical services for lead level that equals or exceeds 20 lines of the Centers for Disease Control and micrograms per deciliter (or after 2 consecu- Prevention.’’. a child with an EBLL necessary to achieve reductions in the child’s blood lead levels, tive tests, equals or exceeds 15 micrograms (c) REIMBURSEMENT FOR TREATMENT OF per deciliter, or the applicable number of CHILDREN WITH ELEVATED BLOOD LEAD LEV- improve the child’s nutrition, and secure micrograms designated for such tests under ELS.—Section 1905 of the Social Security Act needed resources and services to protect the prevailing guidelines of the Centers for Dis- (42 U.S.C. 1396d) is amended— child by a case manager trained to develop ease Control and Prevention).’’. (1) in subsection (a)— and oversee a multi-disciplinary plan for a (d) ENHANCED MATCH FOR DATA COMMUNICA- (A) in paragraph (26), by striking ‘‘and’’ at child with an EBLL or by a childhood lead TIONS SYSTEM.—Section 1903(a)(3) of the So- poisoning prevention program, as defined by the end; cial Security Act (42 U.S.C. 1396b(a)(3)) is (B) by redesignating paragraph (27) as the Secretary. Such services include— amended— paragraph (28); and ‘‘(i) assessing the child’s environmental, (1) in subparagraph (D), by striking ‘‘plus’’ (C) by inserting after paragraph (26) the nutritional, housing, family, and insurance at the end and inserting ‘‘and’’; and following new paragraph: status and identifying the family’s imme- (2) by inserting after subparagraph (D), the ‘‘(27) qualified lead treatment services (as diate needs to reduce lead exposure through following new subparagraph: defined in subsection (x)); and’’; and an initial home visit; ‘‘(E)(i) 90 percent of so much of the sums (2) by adding at the end the following new ‘‘(ii) developing a multidisciplinary case expended during such quarter as are attrib- subsection: management plan of action that addresses utable to the design, development, or instal- ‘‘(x)(1) In this subsection: the provision and coordination of each of the lation of an information retrieval system ‘‘(A) The term ‘qualified lead treatment following items as appropriate— that may be easily accessed and used by services’ means the following: ‘‘(I) determination of whether or not such other federally-funded means-tested public ‘‘(i) Lead-related medical management, as services are covered under the State plan benefit programs to determine whether a defined in subparagraph (B). under this title; child is enrolled in the State plan under this ‘‘(ii) Lead-related case management, as de- ‘‘(II) lead-related medical management of title and whether an enrolled child has re- fined in subparagraph (C), for a child de- an EBLL (including environmental inves- ceived mandatory early and periodic screen- scribed in paragraph (2). tigation); ing, diagnostic, and treatment services, as ‘‘(iii) Lead-related anticipatory guidance, ‘‘(III) nutrition services; described in section 1905(r); and as defined in subparagraph (D), provided as ‘‘(IV) family lead education; ‘‘(ii) 75 percent of so much of the sums ex- part of— ‘‘(V) housing; pended during such quarter as are attrib- ‘‘(I) prenatal services; ‘‘(VI) early intervention services; utable to the operation of a system (whether ‘‘(II) early and periodic screening, diag- ‘‘(VII) social services; and such system is operated directly by the nostic, and treatment services (EPSDT) de- ‘‘(VIII) other services or programs that are State or by another person under a contract scribed in subsection (r) and available under indicated by the child’s clinical status and with the State) of the type described in subsection (a)(4)(B) (including as described environmental, social, educational, housing, clause (i); plus’’. and available under implementing regula- and other needs; (e) REPORT.—The Secretary of Health and tions and guidelines) to individuals enrolled ‘‘(iii) assisting the child (and the child’s Human Services, acting through the Admin- in the State plan under this title who have family) in gaining access to covered and non- istrator of the Health Care Financing Ad- not attained age 21; and covered services in the case management ministration, annually shall report to Con- ‘‘(III) routine pediatric preventive services. plan developed under clause (ii); gress on the number of children enrolled in ‘‘(B) The term ‘lead-related medical man- ‘‘(iv) providing technical assistance to the the medicaid program under title XIX of the agement’ means the provision and coordina- provider that is furnishing lead-related med- Social Security Act (42 U.S.C. 1396 et seq.) tion of the diagnostic, treatment, and follow- ical management for the child; and who have received a blood lead screening up services provided for a child diagnosed ‘‘(v) implementation and coordination of test during the prior fiscal year, noting the with an elevated blood lead level (EBLL) the case management plan developed under percentage that such children represent as that includes— clause (ii) through home visits, family lead compared to all children enrolled in that ‘‘(i) a clinical assessment, including a education, and referrals. program. physical examination and medically indi- ‘‘(D) The term ‘lead-related anticipatory (f) EMERGENCY MEASURES.— cated tests (in addition to diagnostic blood guidance’ means education and information (1) IN GENERAL.—Subject to paragraph (2), lead level tests) and other diagnostic proce- for families of children and pregnant women the Secretary of Health and Human Services dures to determine the child’s develop- enrolled in the State plan under this title or the State agency administering the State mental, neurological, nutritional, and hear- about prevention of childhood lead poisoning plan under title XIX of the Social Security ing status, and the extent, duration, and pos- that addresses the following topics: Act (42 U.S.C. 1396 et seq.) shall use funds sible source of the child’s exposure to lead; ‘‘(i) The importance of lead screening tests provided under title XIX of that Act to reim- ‘‘(ii) repeat blood lead level tests furnished and where and how to obtain such tests. burse a State or entity for expenditures for when medically indicated for purposes of ‘‘(ii) Identifying lead hazards in the home. medically necessary activities in the home monitoring the blood lead concentrations in ‘‘(iii) Specialized cleaning, home mainte- of a lead-poisoned child with an EBLL of at the child; nance, nutritional, and other measures to least 20, or a pregnant woman with an EBLL ‘‘(iii) pharmaceutical services, including minimize the risk of childhood lead poi- of at least 20, to prevent additional exposure chelation agents and other drugs, vitamins, soning. to lead, including specialized cleaning of

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9881 lead-contaminated dust, emergency reloca- (A) by redesignating paragraph (28) as would slow down significantly. EPA tion, safe repair of peeling paint, dust con- paragraph (29); and has been charged with reviewing all trol, and other activities that reduce lead ex- (B) by inserting after paragraph (27) the pesticides to make sure they are safe posure. Such reimbursement, when provided following new paragraph: for the environment and safe for kids. by the State agency administering the State ‘‘(28) qualified lead treatment services (as plan under title XIX of the Social Security defined in section 1905(x)), but only if the The last we need is for EPA to lose the Act, shall be considered medical assistance State has elected under section 2107(e)(1)(E) workers vital to accomplishing that. for purposes of section 1903(a) of such Act. to apply section 1902(a)(66) to the State child I hope that the Senate will be able to (2) LIMITATION.—Not more than $1,000 in health plan under this title.’’. move quickly on this legislation, and I expenditures for the emergency measures de- (b) INCLUSION IN MEDICAID REPORTING RE- thank Senator LUGAR for working with scribed in paragraph (1) may be incurred on QUIREMENT.— me to get it introduced. behalf of a child or pregnant woman to which (1) IN GENERAL.—Section 1902(a)(43)(D)(v) of that paragraph applies. the Social Security Act (42 U.S.C. By Mr. BREAUX (for himself and (g) RULE OF CONSTRUCTION.—Nothing in 1396a(a)(43)(D)(v)), as added by section 3(a)(3), Mr. HATCH): this Act or any amendment made by this Act is amended by inserting ‘‘or, if the State has shall be construed as requiring a child en- elected under section 2107(e)(1)(E) to apply S. 1475. A bill to amend the Internal rolled in the State medicaid program under paragraph (66) to the State child health plan Revenue Code of 1986 to provide an ap- title XIX of the Social Security Act to un- under title XXI, in the State plan under title propriate and permanent tax structure dergo a lead blood screening test if the XXI,’’ after ‘‘this title’’. for investments in the Commonwealth child’s parent or guardian objects to the test (2) REPORT TO CONGRESS.—Section 3(e) of of Puerto Rico and the possessions of on the ground that the test is inconsistent this Act is amended— the United States, and for other pur- with the parent’s or guardian’s religious be- (A) by inserting ‘‘or in the State children’s poses; to the Committee on Finance. liefs. health insurance program under title XXI of SEC. 4. BONUS PROGRAM FOR IMPROVEMENT OF Mr. BREAUX. Mr. President, I am that Act (42 U.S.C 1397aa et seq.)’’ after ‘‘(42 proud to be an original co-sponsor of CHILDHOOD LEAD SCREENING U.S.C. 1396 et seq.)’’; and RATES. (B) by striking ‘‘that program’’ and insert- the Economic Revitalization Tax Act (a) IN GENERAL.—The Secretary of Health ing ‘‘those programs’’. of 2001. This legislation is designed to and Human Services (in this section referred revitalize one of America’s most im- to as the ‘‘Secretary’’) may establish a pro- SEC. 6. EFFECTIVE DATE. gram to improve the blood lead screening This Act and the amendments made by portant economic partners. As we dis- rates of States for children under the age of this Act take effect on the date that is 18 cuss economic stimulus measures for 3 enrolled in the medicaid program. months after the date of enactment of this our Nation during these difficult times, (b) PAYMENTS.—If the Secretary estab- Act. it is important the we do not leave be- lishes a program under subsection (a), the By Mr. HARKIN (for himself and hind the 3.9 million U.S. citizens of the Secretary, using State-specific blood lead Commonwealth of Puerto Rico. screening data, shall, subject to the avail- Mr. LUGAR): ability of appropriations, annually pay a S. 1474. A bill to amend the Federal Puerto Rico purchases over $16 bil- State an amount determined as follows: Insecticide, Fungicide, and Rodenticide lion a year in goods and services from (1) $25 per each 2 year-old child enrolled in Act to extend and improve the collec- the rest of the United States. This is the medicaid program in the State who has tion of maintenance fees, and for other more than much larger nations such as received the minimum required (for that Russia, China, Italy and Brazil. A age) screening blood lead level tests (cap- purposes; to the Committee on Agri- culture, Nutrition, and Forestry. strong economy in Puerto Rico helps illary or venous samples) to determine the generate over 320,000 jobs in the U.S. presence of elevated blood lead levels, as es- Mr. HARKIN. Mr. President, I rise tablished by the Centers for Disease Control today to introduce the Pesticide Main- mainland. It is important that we and Prevention, if the State rate for such tenance Fees Reauthorization Act of maintain this economic partnership as screenings exceeds 65 but does not exceed 75 2001 on behalf of myself and my friend, strong as ever. percent of all 2 year-old children in the Senator LUGAR. This legislation reau- The economy of Puerto Rico was State. thorizes several existing legislative weak even before the current national (2) $50 per each such child who has received provisions addressing pesticide fees. crisis. Since the beginning of the year, such minimum required tests if the State plant closures have been announced af- rate for such screenings exceeds 75 but does As Senator LUGAR and my colleagues not exceed 85 percent of all 2 year-old chil- know, the legal authorization for the fecting over 7 percent of the manufac- dren in the State. collection of so-called maintenance turing workforce. Since Congress re- (3) $75 per each such child who has received fees for the reregistration of pesticides pealed tax incentives for investment in such minimum required tests if the State expires at the end of this month. This Puerto Rico in October 1996, manufac- rate for such screenings exceeds 85 percent of expiration means that EPA will face a turing employment has declined by all 2 year-old children in the State. significant funding shortfall as it con- over 15 percent—more than any state (c) USE OF BONUS FUNDS.—Funds awarded in the U.S. mainland. Employment in to a State under subsection (b) shall only be tinues its implementation of FQPA. used— This legislation has been negotiated other sectors of the economy has not (1) by the State department of health in between the Senate and House Agri- increased enough to offset the loss in the case of a child with an elevated blood culture Committees and representa- manufacturing jobs. Consequently, lead level who is enrolled in medicaid or an- tives of the environmental and agri- total employment in Puerto Rico has other Federal means-tested program de- chemical industry. It would require in- declined over the last five years. By signed to reduce the source of the child’s ex- dustry to pay $20 million a year to re- contrast, during the same period, jobs posure to lead; or increased by over 10 percent in the av- (2) in accordance with guidelines for the evaluate pesticides approved by EPA use of such funds developed by the Secretary prior to 1984. In return, a controversial erage state, and no state experienced a in collaboration with the Secretary of Hous- proposal by the Environmental Protec- net job loss. ing and Urban Development. tion Agency to more than quadruple The negative economic impacts of (d) AUTHORIZATION OF APPROPRIATIONS.— the amount of fees paid by the pes- the current state of national alert will There is authorized to be appropriated to ticide industry will be shelved. be felt most in those regions of the carry out this section, $30,000,000 for each of The $20 million per year represents country that are dependent on tourism fiscal years 2002 through 2006. an increase over the previous fee sched- and air transportation. As a small is- SEC. 5. AUTHORIZATION TO USE SCHIP FUNDS FOR BLOOD LEAD SCREENING. ule that had ranged from $14 to $17.6 land, Puerto Rico is four times more (a) OPTIONAL APPLICATION TO SCHIP.— million a year. $20 million reflects the dependent on external trade as a share (1) IN GENERAL.—Section 2107(e)(1) of the amount of money that EPA says is nec- of GDP than the U.S. mainland, and 45 Social Security Act (42 U.S.C. 1397gg(e)(1)) is essary to pay the salaries and expenses percent of Puerto Rico’s trade is trans- amended by adding at the end the following of the 200 employees that review older ported by air, compared to only 5 per- new subparagraph: pesticides. cent for the U.S. American Airlines ‘‘(E) At State option, section 1902(a)(66) If this reauthorization were not pro- which employs thousands at its major (relating to blood lead screening and cov- vided, EPA would have to make up the hub in Puerto Rico will be dramati- erage of qualified lead treatment services de- fined in section 1905(x)).’’. money from elsewhere in its budget or cally affected by the reduction in air (2) CONFORMING AMENDMENT.—Section layoff some of those employees. If that travel. 2110(a) of the Social Security Act (42 U.S.C. were to happen there is widespread Tourist expenditures are an essential 1397jj(a)) is amended— concern that EPA’s review of pesticides component of Puerto Rico’s economy.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9882 CONGRESSIONAL RECORD — SENATE September 26, 2001 Occupancy rates at Puerto Rico hotels Department of Energy, to prescribe per- SA 1716. Mr. LEVIN (for Mr. REID) proposed have already been cut in half, with sonnel strengths for such fiscal year for the an amendment to the bill S. 1438, supra. more losses expected as convention Armed Forces, and for other purposes; which SA 1717. Mr. WARNER (for Mr. SANTORUM) was ordered to lie on the table. proposed an amendment to the bill S. 1438, cancellations mount. Absent a turn- SA 1692. Mrs. FEINSTEIN (for herself and supra. around, a significant portion of Puerto Mrs. HUTCHISON) submitted an amendment SA 1718. Mr. LEVIN (for Mr. CONRAD) pro- Rico’s economy is directly at risk, with intended to be proposed by her to the bill posed an amendment to the bill S. 1438, ripple effects beyond the tourism sec- H.R. 2904, making appropriations for mili- supra. tor. tary construction, family housing, and base SA 1719. Mr. WARNER (for himself and Mr. Puerto Rico’s economy is closely realignment and closure for the Department ALLEN) submitted an amendment intended to linked to the U.S. economy. When the of Defense for the fiscal year ending Sep- be proposed by him to the bill S. 1438, supra; which was ordered to lie on the table. United States goes into recession, the tember 30, 2002, and for other purposes. SA 1693. Mrs. HUTCHISON (for Mr. HUTCH- SA 1720. Mr. WARNER (for himself and Mr. impact is immediately felt on the Is- INSON) proposed an amendment to the bill ALLEN) submitted an amendment intended to land where the rate of unemployment H.R. 2904, supra. be proposed by him to the bill S. 1438, supra; currently is running at about 13 per- SA 1694. Mr. LEVIN (for Mr. KERRY) pro- which was ordered to lie on the table. cent. Retail sales are down over 30 per- posed an amendment to the bill S. 1438, to SA 1721. Mr. SMITH, of New Hampshire cent since the terrorist acts. authorize appropriations for fiscal year 2002 submitted an amendment intended to be pro- for military activities of the Department of posed by him to the bill S. 1438, supra; which It is essential to adopt measures to was ordered to lie on the table. help Puerto Rico, like the rest of the Defense, for military constructions, and for defense activities of the Department of En- SA 1722. Mr. NELSON, of Florida sub- country, recover economically and fi- ergy, to prescribe personnel strengths for mitted an amendment intended to be pro- nancially. Proposed national economic such fiscal year for the Armed Forces, and posed by him to the bill S. 1438, supra; which recovery legislation will not, without for other purposes. was ordered to lie on the table. special provisions, help Puerto Rico. SA 1695. Mr. WARNER (for Mr. BOND) pro- SA 1723. Mr. REID (for Mr. WELLSTONE) For example, because Puerto Rico is posed an amendment to the bill S. 1438, proposed an amendment to the bill S. Res. supra. 147, to designate the month of September of considered a separate taxing jurisdic- 2001, as ‘‘National Alcohol and Drug Addic- tion, investment tax credits and other SA 1696. Mr. LEVIN (for Mr. DAYTON) pro- posed an amendment to the bill S. 1438, tion Recovery Month’’. business incentives do not apply to in- supra. SA 1724. Mr. HELMS (for himself, Mr. MIL- vestments in Puerto Rico. SA 1697. Mr. WARNER proposed an amend- LER, Mr. ALLEN, Mr. BOND, Mr. HATCH, and ‘‘The Economic Revitalization Tax ment to the bill S. 1438, supra. Mr. MURKOWSKI) submitted an amendment Act of 2001,’’ will materially assist in SA 1698. Mr. LEVIN (for Mr. BYRD (for him- intended to be proposed by him to the bill S. mitigating the impact of the expected self and Mr. GRASSLEY)) proposed an amend- 1438, to authorize appropriations for fiscal economic losses in Puerto Rico as a re- ment to the bill S. 1438, supra. year 2002 for military activities of the De- SA 1699. Mr. WARNER (for Mr. BUNNING) partment of Defense, for military construc- sult of the tragic recent events, as well proposed an amendment to the bill S. 1438, tions, and for defense activities of the De- as halt the continuing loss of manufac- supra. partment of Energy, to prescribe personnel turing jobs due to the 1996 repeal of SA 1700. Mr. LEVIN (for Mrs. CARNAHAN) strengths for such fiscal year for the Armed U.S. tax incentives. This legislation proposed an amendment to the bill S. 1438, Forces, and for other purposes; which was or- would provide a new tax regime to en- supra. dered to lie on the table. courage American companies to retain SA 1701. Mr. WARNER (for Mr. ALLARD) SA 1725. Mr. CRAIG submitted an amend- their Puerto Rico operations and to re- proposed an amendment to the bill S. 1438, ment intended to be proposed to amendment supra. SA 1724 submitted by Mr. HELMS and in- invest profits earned in Puerto Rico SA 1702. Mr. LEVIN (for Mr. CLELAND) pro- tended to be proposed to the bill (S. 1438) and the U.S. possessions in the United posed an amendment to the bill S. 1438, supra; which was ordered to lie on the table. States on a tax preferred basis. This supra. f will not only help Puerto Rico directly, SA 1703. Mr. WARNER (for Mr. ALLARD (for but it will also help the American himself and Mr. SMITH, of New Hampshire)) TEXT OF AMENDMENTS economy by returning profits to the proposed an amendment to the bill S. 1438, SA 1691. Mr. INHOFE submitted an U.S. where they can be invested in supra. SA 1704. Mr. WARNER (for Mr. LUGAR (for amendment intended to be proposed by other job creating activities. himself, Mr. LEVIN, Ms. LANDRIEU, Mr. him to the bill S. 1438, to authorize ap- Puerto Rico is a vital partner in the BINGAMAN, Mr. DOMENICI, and Mr. HAGEL)) propriations for fiscal year 2002 for American family. The new administra- proposed an amendment to the bill S. 1438, military activities of the Department tion of Governor Sila Maria Caldero´ n, supra. of Defense, for military constructions, is bringing a renewed vision of a pros- SA 1705. Mr. LEVIN (for Mr. FEINGOLD) pro- and for defense activities of the De- perous Puerto Rico and is imple- posed an amendment to the bill S. 1438, partment of Energy, to prescribe per- supra. menting a coherent development plan SA 1706. Mr. WARNER (for Ms. COLLINS) sonnel strengths for such fiscal year that will make that vision a reality. proposed an amendment to the bill S. 1438, for the Armed Forces, and for other Governor Caldero´ n understands that supra. purposes, which was ordered to lie on reform of the Commonwealth govern- SA 1707. Mr. LEVIN (for Mrs. MURRAY) pro- the table; as follows: ment and its economic development posed an amendment to the bill S. 1438, At the end of bill insert the following: policies are necessary for Puerto Rico’s supra. SECTION 1. SHORT TITLE AND TABLE OF CON- SA 1708. Mr. WARNER (for Mr. INHOFE) economic development. She is doing TENTS. proposed an amendment to the bill S. 1438, (a) SHORT TITLE.—This Act may be cited as this in close collaboration with busi- supra. ness and community leaders in Puerto the ‘‘Securing America’s Future Energy Act SA 1709. Mr. LEVIN (for Mrs. LINCOLN (for of 2001’’ or the ‘‘SAFE Act of 2001’’. Rico. himself and Mr. HUTCHINSON)) proposed an (b) TABLE OF CONTENTS.—The table of con- This proposal is a win-win situation amendment to the bill S. 1438, supra. tents for this Act is as follows: for Puerto Rico and for the American SA 1710. Mr. WARNER (for Mr. INHOFE) proposed an amendment to the bill S. 1438, Sec. 1. Short title and table of contents. worker and taxpayer. We help create Sec. 2. Energy policy. supra. jobs in Puerto Rico, and those jobs will SA 1711. Mr. LEVIN (for Mr. HOLLINGS) pro- DIVISION A help create jobs in the U.S. mainland. posed an amendment to the bill S. 1438, Sec. 100. Short title. Please join me in supporting this leg- supra. TITLE I—ENERGY CONSERVATION islation. SA 1712. Mr. WARNER (for Mr. STEVENS) Subtitle A—Reauthorization of Federal proposed an amendment to the bill S. 1438, f Energy Conservation Programs supra. Sec. 101. Authorization of appropriations. AMENDMENTS SUBMITTED AND SA 1713. Mr. LEVIN (for Mr. HARKIN) pro- Subtitle B—Federal Leadership in Energy PROPOSED posed an amendment to the bill S. 1438, supra. Conservation SA 1691. Mr. INHOFE submitted an amend- SA 1714. Mr. WARNER (for Mr. SHELBY) Sec. 121. Federal facilities and national en- ment intended to be proposed by him to the proposed an amendment to the bill S. 1438, ergy security. bill S. 1438, to authorize appropriations for supra. Sec. 122. Enhancement and extension of au- fiscal year 2002 for military activities of the SA 1715. Mr. WARNER (for Mr. VOINOVICH thority relating to Federal en- Department of Defense, for military con- (for himself and Mr. DEWINE)) proposed an ergy savings performance con- structions, and for defense activities of the amendment to the bill S. 1438, supra. tracts.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0655 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9883 Sec. 123. Clarification and enhancement of TITLE IV—HYDROELECTRIC ENERGY Subtitle G—Environmental Protection Agen- authority to enter utility in- Sec. 401. Alternative conditions and cy Office of Air and Radiation Authoriza- centive programs for energy fishways. tion of Appropriations savings. Sec. 402. FERC data on hydroelectric licens- Sec. 2171. Short title. Sec. 124. Federal central air conditioner and ing. Sec. 2172. Authorization of appropriations. heat pump efficiency. TITLE V—FUELS Sec. 2173. Limits on use of funds. Sec. 125. Advanced building efficiency Sec. 2174. Cost sharing. Sec. 501. Tank draining during transition to testbed. Sec. 2175. Limitation on demonstration and summertime RFG. Sec. 126. Use of interval data in Federal commercial applications of en- Sec. 502. Gasoline blendstock requirements. buildings. ergy technology. Sec. 503. Boutique fuels. Sec. 127. Review of Energy Savings Perform- Sec. 2176. Reprogramming. Sec. 504. Funding for MTBE contamination. ance Contract program. Sec. 2177. Budget request format. Sec. 128. Capitol complex. TITLE VI—RENEWABLE ENERGY Sec. 2178. Other provisions. Subtitle C—State Programs Sec. 601. Assessment of renewable energy re- Subtitle H—National Building Performance Sec. 131. Amendments to State energy pro- sources. Initiative grams. Sec. 602. Renewable energy production in- Sec. 2181. National Building Performance Sec. 132. Reauthorization of energy con- centive. Initiative. servation program for schools Sec. 603. Study of ethanol from solid waste and hospitals. loan guarantee program. TITLE II—RENEWABLE ENERGY Sec. 133. Amendments to Weatherization As- Sec. 604. Study of renewable fuel content. Subtitle A—Hydrogen sistance Program. TITLE VII—PIPELINES Sec. 2201. Short title. Sec. 134. LIHEAP. Sec. 2202. Purposes. Sec. 135. High performance public buildings. Sec. 701. Prohibition on certain pipeline Sec. 2203. Definitions. Subtitle D—Energy Efficiency for Consumer route. Sec. 702. Historic pipelines. Sec. 2204. Reports to Congress. Products Sec. 2205. Hydrogen research and develop- TITLE VIII—MISCELLANEOUS Sec. 141. Energy Star program. ment. PROVISIONS Sec. 141A. Energy sun renewable and alter- Sec. 2206. Demonstrations. native energy program. Sec. 801. Waste reduction and use of alter- Sec. 2207. Technology transfer. Sec. 142. Labeling of energy efficient appli- natives. Sec. 2208. Coordination and consultation. ances. Sec. 802. Annual report on United States en- Sec. 2209. Advisory Committee. Sec. 143. Appliance standards. ergy independence. Sec. 2210. Authorization of appropriations. Subtitle E—Energy Efficient Vehicles Sec. 803. Study of aircraft emissions. Sec. 2211. Repeal. Sec. 151. High occupancy vehicle exception. DIVISION B Subtitle B—Bioenergy Sec. 152. Railroad efficiency. Sec. 2001. Short title. Sec. 2221. Short title. Sec. 153. Biodiesel fuel use credits. Sec. 2002. Findings. Sec. 2222. Findings. Sec. 154. Mobile to stationary source trad- Sec. 2003. Purposes. ing. Sec. 2223. Definitions. Sec. 2004. Goals. Sec. 2224. Authorization. Subtitle F—Other Provisions Sec. 2005. Definitions. Sec. 2225. Authorization of appropriations. Sec. 161. Review of regulations to eliminate Sec. 2006. Authorizations. Subtitle C—Transmission Infrastructure barriers to emerging energy Sec. 2007. Balance of funding priorities. Systems technology. TITLE I—ENERGY CONSERVATION AND Sec. 162. Advanced idle elimination systems. ENERGY EFFICIENCY Sec. 2241. Transmission infrastructure sys- Sec. 163. Study of benefits and feasibility of tems research, development, Subtitle A—Alternative Fuel Vehicles oil bypass filtration tech- demonstration, and commercial nology. Sec. 2101. Short title. application. Sec. 164. Gas flare study. Sec. 2102. Definitions. Sec. 2242. Program plan. Sec. 165. Telecommuting study. Sec. 2103. Pilot program. Sec. 2243. Report. TITLE II—AUTOMOBILE FUEL ECONOMY Sec. 2104. Reports to Congress. Subtitle D—Department of Energy Sec. 2105. Authorization of appropriations. Sec. 201. Average fuel economy standards for Authorization of Appropriations Subtitle B—Distributed Power Hybrid nonpassenger automobiles. Sec. 2261. Authorization of appropriations. Energy Systems Sec. 202. Consideration of prescribing dif- TITLE III—NUCLEAR ENERGY ferent average fuel economy Sec. 2121. Findings. standards for nonpassenger Sec. 2122. Definitions. Subtitle A—University Nuclear Science and automobiles. Sec. 2123. Strategy. Engineering Sec. 203. Dual fueled automobiles. Sec. 2124. High power density industry pro- Sec. 2301. Short title. Sec. 204. Fuel economy of the Federal fleet gram. Sec. 2302. Findings. of automobiles. Sec. 2125. Micro-cogeneration energy tech- Sec. 2303. Department of Energy program. Sec. 205. Hybrid vehicles and alternative ve- nology. Sec. 2304. Authorization of appropriations. hicles. Sec. 2126. Program plan. Subtitle B—Advanced Fuel Recycling Tech- Sec. 206. Federal fleet petroleum-based non- Sec. 2127. Report. nology Research and Development Pro- alternative fuels. Sec. 2128. Voluntary consensus standards. gram Sec. 207. Study of feasibility and effects of Subtitle C—Secondary Electric Vehicle Sec. 2321. Program. reducing use of fuel for auto- Battery Use mobiles. Subtitle C—Department of Energy Sec. 2131. Definitions. Authorization of Appropriations TITLE III—NUCLEAR ENERGY Sec. 2132. Establishment of secondary elec- Sec. 301. License period. tric vehicle battery use pro- Sec. 2341. Nuclear Energy Research Initia- Sec. 302. Cost recovery from Government gram. tive. agencies. Sec. 2133. Authorization of appropriations. Sec. 2342. Nuclear Energy Plant Optimiza- Sec. 303. Depleted uranium hexafluoride. tion program. Sec. 304. Nuclear Regulatory Commission Subtitle D—Green School Buses Sec. 2343. Nuclear energy technologies. meetings. Sec. 2141. Short title. Sec. 2344. Authorization of appropriations. Sec. 305. Cooperative research and develop- Sec. 2142. Establishment of pilot program. TITLE IV—FOSSIL ENERGY ment and special demonstra- Sec. 2143. Fuel cell bus development and Subtitle A—Coal tion projects for the uranium demonstration program. mining industry. Sec. 2144. Authorization of appropriations. Sec. 2401. Coal and related technologies pro- Sec. 306. Maintenance of a viable domestic Subtitle E—Next Generation Lighting grams. uranium conversion industry. Initiative Subtitle B—Oil and Gas Sec. 307. Paducah decontamination and de- Sec. 2151. Short title. Sec. 2421. Petroleum-oil technology. commissioning plan. Sec. 2152. Definition. Sec. 2422. Gas. Sec. 308. Study to determine feasibility of Sec. 2153. Next Generation Lighting Initia- Sec. 2423. Natural gas and oil deposits re- developing commercial nuclear tive. port. energy production facilities at Sec. 2154. Study. Sec. 2424. Oil shale research. existing department of energy Sec. 2155. Grant program. sites. Subtitle C—Ultra-Deepwater and Sec. 309. Prohibition of commercial sales of Subtitle F—Department of Energy Unconventional Drilling uranium by the United States Authorization of Appropriations Sec. 2441. Short title. until 2009. Sec. 2161. Authorization of appropriations. Sec. 2442. Definitions.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0655 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9884 CONGRESSIONAL RECORD — SENATE September 26, 2001 Sec. 2443. Ultra-deepwater program. Sec. 5001. Findings. Sec. 6402. Installation of powerformer at Sec. 2444. National Energy Technology Lab- Sec. 5002. Definitions. Folsom power plant, California. oratory. Sec. 5003. Clean coal power initiative. Sec. 6403. Study and implementation of in- Sec. 2445. Advisory Committee. Sec. 5004. Cost and performance goals. creased operational efficiencies Sec. 2446. Research Organization. Sec. 5005. Authorization of appropriations. in hydroelectric power projects. Sec. 2447. Grants. Sec. 5006. Project criteria. Sec. 6404. Shift of project loads to off-peak Sec. 2448. Plan and funding. Sec. 5007. Study. Sec. 5008. Clean coal centers of excellence. periods. Sec. 2449. Audit. DIVISION E TITLE V—ARCTIC COASTAL PLAIN Sec. 2450. Fund. DOMESTIC ENERGY Sec. 2451. Sunset. Sec. 6000. Short title. Sec. 6501. Short title. Subtitle D—Fuel Cells TITLE I—GENERAL PROTECTIONS FOR ENERGY SUPPLY AND SECURITY Sec. 6502. Definitions. Sec. 2461. Fuel cells. Sec. 6503. Leasing program for lands within Sec. 6101. Study of existing rights-of-way on Subtitle E—Department of Energy the Coastal Plain. Federal lands to determine ca- Authorization of Appropriations Sec. 6504. Lease sales. pability to support new pipe- Sec. 6505. Grant of leases by the Secretary. Sec. 2481. Authorization of appropriations. lines or other transmission fa- Sec. 6506. Lease terms and conditions. TITLE V—SCIENCE cilities. Sec. 6507. Coastal Plain environmental pro- Sec. 6102. Inventory of energy production Subtitle A—Fusion Energy Sciences tection. potential of all Federal public Sec. 2501. Short title. Sec. 6508. Expedited judicial review. lands. Sec. 2502. Findings. Sec. 6103. Review of regulations to eliminate Sec. 6509. Rights-of-way across the Coastal Sec. 2503. Plan for fusion experiment. barriers to emerging energy Plain. Sec. 2504. Plan for fusion energy sciences technology. Sec. 6510. Conveyance. program. Sec. 6104. Interagency agreement on envi- Sec. 6511. Local government impact aid and Sec. 2505. Authorization of appropriations. ronmental review of interstate community service assistance. Subtitle B—Spallation Neutron Source natural gas pipeline projects. Sec. 6512. Revenue allocation. Sec. 2521. Definition. Sec. 6105. Enhancing energy efficiency in TITLE VI—CONSERVATION OF ENERGY Sec. 2522. Authorization of appropriations. management of Federal lands. BY THE DEPARTMENT OF THE INTERIOR Sec. 2523. Report. Sec. 6106. Efficient infrastructure develop- Sec. 6601. Energy conservation by the De- Sec. 2524. Limitations. ment. partment of the Interior. Subtitle C—Facilities, Infrastructure, and TITLE II—OIL AND GAS DEVELOPMENT Sec. 6602. Amendment to Buy Indian Act. User Facilities Subtitle A—Offshore Oil and Gas TITLE VII—COAL Sec. 2541. Definition. Sec. 6201. Short title. Sec. 6701. Limitation on fees with respect to Sec. 2542. Facility and infrastructure sup- Sec. 6202. Lease sales in Western and Central coal lease applications and doc- port for nonmilitary energy Planning Area of the Gulf of uments. laboratories. Mexico. Sec. 6702. Mining plans. Sec. 6203. Savings clause. Sec. 2543. User facilities. Sec. 6703. Payment of advance royalties Sec. 6204. Analysis of Gulf of Mexico field under coal leases. Subtitle D—Advisory Panel on Office of size distribution, international Sec. 6704. Elimination of deadline for sub- Science competitiveness, and incentives mission of coal lease operation Sec. 2561. Establishment. for development. and reclamation plan. Sec. 2562. Report. Subtitle B—Improvements to Federal Oil Subtitle E—Department of Energy and Gas Management TITLE VIII—INSULAR AREAS ENERGY SECURITY Authorization of Appropriations Sec. 6221. Short title. Sec. 2581. Authorization of appropriations. Sec. 6222. Study of impediments to efficient Sec. 6801. Insular areas energy security. TITLE VI—MISCELLANEOUS lease operations. DIVISION G Sec. 6223. Elimination of unwarranted deni- Sec. 7101. Buy American. Subtitle A—General Provisions for the als and stays. Department of Energy Sec. 6224. Limitations on cost recovery for SEC. 2. ENERGY POLICY. Sec. 2601. Research, development, dem- applications. It shall be the sense of the Congress that onstration, and commercial ap- Sec. 6225. Consultation with Secretary of the United States should take all actions plication of energy technology Agriculture. necessary in the areas of conservation, effi- ciency, alternative source, technology devel- programs, projects, and activi- Subtitle C—Miscellaneous ties. opment, and domestic production to reduce Sec. 6231. Offshore subsalt development. the United States dependence on foreign en- Sec. 2602. Limits on use of funds. Sec. 6232. Program on oil and gas royalties ergy sources from 56 percent to 45 percent by Sec. 2603. Cost sharing. in kind. January 1, 2012, and to reduce United States Sec. 2604. Limitation on demonstration and Sec. 6233. Marginal well production incen- dependence on Iraqi energy sources from commercial application of en- tives. ergy technology. Sec. 6234. Reimbursement for costs of NEPA 700,000 barrels per day to 250,000 barrels per Sec. 2605. Reprogramming. analyses, documentation, and day by January 1, 2012. Subtitle B—Other Miscellaneous Provisions studies. DIVISION A Sec. 2611. Notice of reorganization. Sec. 6235. Encouragement of State and pro- SEC. 100. SHORT TITLE. Sec. 2612. Limits on general plant projects. vincial prohibitions on off- This division may be cited as the ‘‘Energy Sec. 2613. Limits on construction projects. shore drilling in the Great Advancement and Conservation Act of 2001’’. Lakes. Sec. 2614. Authority for conceptual and con- TITLE I—ENERGY CONSERVATION struction design. TITLE III—GEOTHERMAL ENERGY Subtitle A—Reauthorization of Federal Sec. 2615. National Energy Policy Develop- DEVELOPMENT Energy Conservation Programs ment Group mandated reports. Sec. 6301. Royalty reduction and relief. Sec. 2616. Periodic reviews and assessments. Sec. 6302. Exemption from royalties for di- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. DIVISION C rect use of low temperature Section 660 of the Department of Energy geothermal energy resources. Organization Act (42 U.S.C. 7270) is amended Sec. 4101. Capacity building for energy-effi- Sec. 6303. Amendments relating to leasing as follows: cient, affordable housing. on Forest Service lands. (1) By inserting ‘‘(a)’’ before ‘‘Appropria- Sec. 4102. Increase of CDBG public services Sec. 6304. Deadline for determination on tions’’. cap for energy conservation and pending noncompetitive lease (2) By inserting at the end the following efficiency activities. applications. new subsection: Sec. 4103. FHA mortgage insurance incen- Sec. 6305. Opening of public lands under ‘‘(b) There are hereby authorized to be ap- tives for energy efficient hous- military jurisdiction. propriated to the Department of Energy for ing. Sec. 6306. Application of amendments. fiscal year 2002, $950,000,000; for fiscal year Sec. 4104. Public housing capital fund. Sec. 6307. Review and report to Congress. 2003, $1,000,000,000; for fiscal year 2004, Sec. 4105. Grants for energy-conserving im- Sec. 6308. Reimbursement for costs of NEPA $1,050,000,000; for fiscal year 2005, provements for assisted hous- analyses, documentation, and $1,100,000,000; and for fiscal year 2006, ing. studies. $1,150,000,000, to carry out energy efficiency Sec. 4106. North American Development TITLE IV—HYDROPOWER activities under the following laws, such Bank. Sec. 6401. Study and report on increasing sums to remain available until expended: DIVISION D electric power production capa- ‘‘(1) Energy Policy and Conservation Act, Sec. 5000. Short title. bility of existing facilities. including section 256(d)(42 U.S.C. 6276(d))

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9885 (promote export of energy efficient prod- (1) By striking ‘‘and’’ at the end of para- federal inventories are exhausted, Adminis- ucts), sections 321 through 346 (42 U.S.C. 6291– graph (8). trator of the General Services Administra- 6317) (appliances program). (2) By striking the period at the end of tion and the Secretary of Defense (acting ‘‘(2) Energy Conservation and Production paragraph (9) and inserting ‘‘; and’’. through the Defense Logistics Agency) shall Act, including sections 301 through 308 (42 (3) By adding at the end the following new only replace inventories with energy-using U.S.C. 6831–6837) (energy conservation stand- paragraph: products that are Energy Star, products that ards for new buildings). ‘‘(10) the term ‘unconventional and renew- are rated in the top 25 percent of energy effi- ‘‘(3) National Energy Conservation Policy able energy resources’ includes renewable ciency, or products that are exempted as des- Act, including sections 541–551 (42 U.S.C. energy sources, hydrogen, fuel cells, cogen- ignated by FEMP and defined in clause (i). 8251–8259) (Federal Energy Management Pro- eration, combined heat and power, heat re- ‘‘(iii) Agencies shall incorporate energy-ef- gram). covery (including by use of a Stirling heat ficient criteria consistent with Energy Star ‘‘(4) Energy Policy Act of 1992, including engine), and distributed generation.’’. and other FEMP designated energy effi- sections 103 (42 U.S.C. 13458) (energy efficient (d) EXCLUSIONS FROM REQUIREMENT.—The ciency levels into all guide specifications lighting and building centers), 121 (42 U.S.C. National Energy Conservation Policy Act (42 and project specifications developed for new 6292 note) (energy efficiency labeling for win- U.S.C. 7201 and following) is amended as fol- construction and renovation, as well as into dows and window systems), 125 (42 U.S.C. 6292 lows: product specification language developed for note) (energy efficiency information for com- (1) In section 543(a)— Basic Ordering Agreements, Blanket Pur- mercial office equipment), 126 (42 U.S.C. 6292 (A) by striking ‘‘(1) Subject to paragraph chasing Agreements, Government Wide Ac- note) (energy efficiency information for (2)’’ and inserting ‘‘Subject to subsection quisition Contracts, and all other purchasing luminaires), 131 (42 U.S.C. 6348) (energy effi- (c)’’; and procedures. ciency in industrial facilities), and 132 (42 (B) by striking ‘‘(2) An agency’’ and all ‘‘(iv) The legislative branch shall be sub- U.S.C. 6349) (process-oriented industrial en- that follows through ‘‘such exclusion.’’. ject to this subparagraph to the same extent ergy efficiency).’’. (2) By amending subsection (c) of such sec- and in the same manner as are the Federal Subtitle B—Federal Leadership in Energy tion 543 to read as follows: agencies referred to in section 521(1). Conservation ‘‘(c) EXCLUSIONS.—(1) A Federal building ‘‘(B) Not later than 6 months after the date may be excluded from the requirements of of the enactment of this paragraph, the Sec- SEC. 121. FEDERAL FACILITIES AND NATIONAL ENERGY SECURITY. subsections (a) and (b) only if— retary of Energy shall establish guidelines (a) PURPOSE.—Section 542 of the National ‘‘(A) the President declares the building to defining the circumstances under which an Energy Conservation Policy Act (42 U.S.C. require exclusion for national security rea- agency shall not be required to comply with 8252) is amended by inserting ‘‘, and gen- sons; and subparagraph (A). Such circumstances may erally to promote the production, supply, ‘‘(B) the agency responsible for the build- include the absence of Energy Star products, and marketing of energy efficiency products ing has— systems, or designs that serve the purpose of and services and the production, supply, and ‘‘(i) completed and submitted all federally the agency, issues relating to the compat- marketing of unconventional and renewable required energy management reports; and ibility of a product, system, or design with energy resources’’ after ‘‘by the Federal Gov- ‘‘(ii) achieved compliance with the energy existing buildings or equipment, and exces- ernment’’. efficiency requirements of this Act, the En- sive cost compared to other available and ap- (b) ENERGY MANAGEMENT REQUIREMENTS.— ergy Policy Act of 1992, Executive Orders, propriate products, systems, or designs. Section 543 of the National Energy Conserva- and other Federal law; ‘‘(C) Subparagraph (A) shall apply to agen- tion Policy Act (42 U.S.C. 8253) is amended as ‘‘(iii) implemented all practical, life cycle cy acquisitions occurring on or after October follows: cost-effective projects in the excluded build- 1, 2002.’’. (1) In subsection (a)(1), by striking ‘‘during ing. (f) METERING.—Section 543 of such Act (42 the fiscal year 1995’’ and all that follows ‘‘(2) The President shall only declare build- U.S.C. 8254) is amended by adding at the end through the end and inserting ‘‘during— ings described in paragraph (1)(A) to be ex- the following new subsection: ‘‘(1) fiscal year 1995 is at least 10 percent; cluded, not ancillary or nearby facilities ‘‘(f) METERING.—(1) By October 1, 2004, all ‘‘(2) fiscal year 2000 is at least 20 percent; that are not in themselves national security Federal buildings including buildings owned ‘‘(3) fiscal year 2005 is at least 30 percent; facilities.’’. by the legislative branch and the Federal ‘‘(4) fiscal year 2010 is at least 35 percent; (3) In section 548(b)(1)(A)— court system and other energy-using struc- ‘‘(5) fiscal year 2015 is at least 40 percent; (A) by striking ‘‘copy of the’’; and tures shall be metered or submetered in ac- and (B) by striking ‘‘sections 543(a)(2) and cordance with guidelines established by the ‘‘(6) fiscal year 2020 is at least 45 percent, Secretary under paragraph (2). less than the energy consumption per gross 543(c)(3)’’ and inserting ‘‘section 543(c)’’. (e) ACQUISITION REQUIREMENT.—Section ‘‘(2) Not later than 6 months after the date square foot of its Federal buildings in use 543(b) of such Act is amended— of the enactment of this subsection, the Sec- during fiscal year 1985. To achieve the reduc- (1) in paragraph (1), by striking ‘‘(1) Not’’ retary, in consultation with the General tions required by this paragraph, an agency shall make maximum practicable use of en- and inserting ‘‘(1) Except as provided in Services Administration and representatives ergy efficiency products and services and un- paragraph (5), not’’; and from the metering industry, energy services conventional and renewable energy re- (2) by adding at the end the following new industry, national laboratories, colleges of sources, using guidelines issued by the Sec- paragraph: higher education, and federal facilities en- retary under subsection (d) of this section.’’. ‘‘(5)(A)(i) Agencies shall select only Energy ergy managers, shall establish guidelines for Star products when available when acquiring (2) In subsection (d), by inserting ‘‘Such agencies to carry out paragraph (1). Such energy-using products. For product groups guidelines shall include appropriate model guidelines shall take into consideration each where Energy Star labels are not yet avail- technical standards for energy efficiency and of the following: able, agencies shall select products that are unconventional and renewable energy re- ‘‘(A) Cost. in the upper 25 percent of energy efficiency sources products and services. Such stand- ‘‘(B) Resources, including personnel, re- as designated by FEMP. In the case of elec- ards shall reflect, to the extent practicable, quired to maintain, interpret, and report on tric motors of 1 to 500 horsepower, agencies evaluation of both currently marketed and data so that the meters are continually re- shall select only premium efficiency motors potentially marketable products and serv- viewed. that meet a standard designated by the Sec- ices that could be used by agencies to im- ‘‘(C) Energy management potential. retary, and shall replace (not rewind) failed prove energy efficiency and increase uncon- ‘‘(D) Energy savings. motors with motors meeting such standard. ventional and renewable energy resources.’’ ‘‘(E) Utility contract aggregation. The Secretary shall designate such standard after ‘‘implementation of this part.’’. ‘‘(F) Savings from operations and mainte- within 90 days of the enactment of para- (3) By adding at the end the following new nance. graph, after considering recommendations by subsection: ‘‘(3) A building shall be exempt from the ‘‘(e) STUDIES.—To assist in developing the the National Electrical Manufacturers Asso- requirement of this section to the extent guidelines issued by the Secretary under sub- ciation. The Secretary of Energy shall de- that compliance is deemed impractical by section (d) and in furtherance of the purposes velop guidelines within 180 days after the en- the Secretary. A finding of impracticability of this section, the Secretary shall conduct actment of this paragraph for exemptions to shall be based on the same factors as identi- studies to identify and encourage the produc- this section when equivalent products do not fied in subsection (c) of this section.’’. tion and marketing of energy efficiency exist, are impractical, or do not meet the (g) RETENTION OF ENERGY SAVINGS.—Sec- products and services and unconventional agency mission requirements. tion 546 of such Act (42 U.S.C. 8256) is amend- and renewable energy resources. To conduct ‘‘(ii) The Administrator of the General ed by adding at the end the following new such studies, and to provide grants to accel- Services Administration and the Secretary subsection: erate the use of unconventional and renew- of Defense (acting through the Defense Lo- ‘‘(e) RETENTION OF ENERGY SAVINGS.—An able energy, there are authorized to be ap- gistics Agency), with assistance from the Ad- agency may retain any funds appropriated to propriated to the Secretary $20,000,000 for ministrator of the Environmental Protection that agency for energy expenditures, at each of the fiscal years 2003 through 2010.’’. Agency and the Secretary of Energy, shall buildings subject to the requirements of sec- (c) DEFINITION.—Section 551 of the National create clear catalogue listings that des- tion 543(a) and (b), that are not made because Energy Conservation Policy Act (42 U.S.C. ignate Energy Star products in both print of energy savings. Except as otherwise pro- 8259) is amended as follows: and electronic formats. After any existing vided by law, such funds may be used only

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9886 CONGRESSIONAL RECORD — SENATE September 26, 2001 for energy efficiency or unconventional and graph (A) may take into account (through savings performance contracts as necessary renewable energy resources projects.’’. the procedures developed pursuant to this and appropriate to ensure compliance with (h) REPORTS.—Section 548 of such Act (42 section) savings resulting from reduced costs the requirements of this Act, particularly U.S.C. 8258) is amended as follows: of operation and maintenance as described in the energy efficiency requirements of section (1) In subsection (a)— that subparagraph.’’. 543.’’. (A) by inserting ‘‘in accordance with guide- (b) EXPANSION OF DEFINITION OF ENERGY SEC. 123. CLARIFICATION AND ENHANCEMENT lines established by and’’ after ‘‘to the Sec- SAVINGS TO INCLUDE WATER AND REPLACE- OF AUTHORITY TO ENTER UTILITY retary,’’; MENT FACILITIES.— INCENTIVE PROGRAMS FOR ENERGY (B) by striking ‘‘and’’ at the end of para- (1) ENERGY SAVINGS.—Section 804(2) of the SAVINGS. graph (1); National Energy Conservation Policy Act (42 Section 546(c) of the National Energy Con- (C) by striking the period at the end of U.S.C. 8287c(2)) is amended to read as follows: servation Policy Act (42 U.S.C. 8256(c)) is paragraph (2) and inserting a semicolon; and ‘‘(2)(A) The term ‘energy savings’ means a amended as follows: (D) by adding at the end the following new reduction in the cost of energy or water, (1) In paragraph (3) by adding at the end paragraph: from a base cost established through a meth- the following: ‘‘Such a utility incentive pro- ‘‘(3) an energy emergency response plan de- odology set forth in the contract, used in an gram may include a contract or contract veloped by the agency.’’. existing federally owned building or build- term designed to provide for cost-effective (2) In subsection (b)— ings or other federally owned facilities as a electricity demand management, energy effi- (A) by striking ‘‘and’’ at the end of para- result of— ciency, or water conservation.’’. graph (3); ‘‘(i) the lease or purchase of operating (2) By adding at the end of the following (B) by striking the period at the end of equipment, improvements, altered operation new paragraphs: ‘‘(6) A utility incentive program may in- paragraph (4) and inserting ‘‘; and’’; and and maintenance, or technical services; clude a contract or contract term for a re- (C) by adding at the end the following new ‘‘(ii) the increased efficient use of existing duction in the energy, from a base cost es- paragraph: energy sources by solar and ground source tablished through a methodology set forth in ‘‘(5) all information transmitted to the geothermal resources, cogeneration or heat such a contract, that would otherwise be uti- Secretary under subsection (a).’’. recovery (including by the use of a Stirling lized in one or more federally owned build- (3) By amending subsection (c) to read as heat engine), excluding any cogeneration ings or other federally owned facilities by follows: process for other than a federally owned reason of the construction or operation of ‘‘(c) AGENCY REPORTS TO CONGRESS.—Each building or buildings or other federally one or more replacement buildings or facili- agency shall annually report to the Con- owned facilities; or ties, as well as benefits ancillary to the pur- gress, as part of the agency’s annual budget ‘‘(iii) the increased efficient use of existing pose of such contract or contract term, in- request, on all of the agency’s activities im- water sources. cluding savings resulting from reduced costs plementing any Federal energy management ‘‘(B) The term ‘energy savings’ also means, of operation and maintenance at new or ad- requirement.’’. in the case of a replacement building or fa- ditional buildings or facilities when com- (i) INSPECTOR GENERAL ENERGY AUDITS.— cility described in section 801(a)(3), a reduc- pared with the costs of operation and main- Section 160(c) of the Energy Policy Act of tion in the cost of energy, from a base cost tenance at existing buildings or facilities. 1992 (42 U.S.C. 8262f(c)) is amended by strik- established through a methodology set forth ‘‘(7) Federal agencies are encouraged to in the contract, that would otherwise be uti- ing ‘‘is encouraged to conduct periodic’’ and participate in State or regional demand side inserting ‘‘shall conduct periodic’’. lized in one or more existing federally owned reduction programs, including those oper- (j) FEDERAL ENERGY MANAGEMENT RE- buildings or other federally owned facilities ated by wholesale market institutions such VIEWS.—Section 543 of the National Energy by reason of the construction and operation as independent system operators, regional Conservation Policy Act (42 U.S.C. 8253) is of the replacement building or facility.’’. transmission organizations and other enti- amended by adding at the end the following: (2) ENERGY SAVINGS CONTRACT.—Section ties. The availability of such programs, and ‘‘(g) PRIORITY RESPONSE REVIEWS.—Each 804(3) of the National Energy Conservation the savings resulting from such participa- agency shall— Policy Act (42 U.S.C. 8287c(3)) is amended to tion, should be included in the evaluation of ‘‘(1) not later than 9 months after the date read as follows: energy options for Federal facilities.’’. of the enactment of this subsection, under- ‘‘(3) The terms ‘energy savings contract’ take a comprehensive review of all prac- SEC. 124. FEDERAL CENTRAL AIR CONDITIONER and ‘energy savings performance contract’ AND HEAT PUMP EFFICIENCY. ticable measures for— mean a contract which provides for— (a) REQUIREMENT.—Federal agencies shall ‘‘(A) increasing energy and water conserva- ‘‘(A) the performance of services for the de- be required to acquire central air condi- tion, and sign, acquisition, installation, testing, oper- tioners and heat pumps that meet or exceed ‘‘(B) using renewable energy sources; and ation, and, where appropriate, maintenance the standards established under subsection ‘‘(2) not later than 180 days after com- and repair, of an identified energy or water (b) or (c) in the case of all central air condi- pleting the review, develop plans to achieve conservation measure or series of measures tioners and heat pumps acquired after the not less than 50 percent of the potential effi- at one or more locations; or date of the enactment of this Act. ciency and renewable savings identified in ‘‘(B) energy savings through the construc- (b) STANDARDS.—The standards referred to the review. tion and operation of one or more buildings in subsection (a) are the following: The agency shall implement such measures or facilities to replace one or more existing (1) For air-cooled air conditioners with as soon thereafter as is practicable, con- buildings or facilities.’’. cooling capacities of less than 65,000 Btu/ sistent with compliance with the require- (3) ENERGY OR WATER CONSERVATION MEAS- hour, a Seasonal Energy Efficiency Ratio of ments of this section.’’. URE.—Section 804(4) of the National Energy 12.0. SEC. 122. ENHANCEMENT AND EXTENSION OF AU- Conservation Policy Act (42 U.S.C. 8287c(4)) (2) For air-source heat pumps with cooling THORITY RELATING TO FEDERAL is amended to read as follows: capacities less than 65,000 Btu/hour, a Sea- ENERGY SAVINGS PERFORMANCE ‘‘(4) The term ‘energy or water conserva- sonal Energy Efficiency Ratio of 12 SEER, CONTRACTS. tion measure’ means— and a Heating Seasonal Performance Factor (a) COST SAVINGS FROM OPERATION AND ‘‘(A) an energy conservation measure, as of 7.4. MAINTENANCE EFFICIENCIES IN REPLACEMENT defined in section 551(4) (42 U.S.C. 8259(4)); or (c) MODIFIED STANDARDS.—The Secretary FACILITIES.—Section 801(a) of the National ‘‘(B) a water conservation measure that of Energy may establish, after appropriate Energy Conservation Policy Act (42 U.S.C. improves water efficiency, is life cycle cost notice and comment, revised standards pro- 8287(a)) is amended by adding at the end the effective, and involves water conservation, viding for reduced energy consumption or in- following new paragraph: water recycling or reuse, improvements in creased energy efficiency of central air con- ‘‘(3)(A) In the case of an energy savings operation or maintenance efficiencies, ret- ditioners and heat pumps acquired by the contract or energy savings performance con- rofit activities, or other related activities, Federal Government, but may not establish tract providing for energy savings through not at a Federal hydroelectric facility.’’. standards less rigorous than those estab- the construction and operation of one or (4) CONFORMING AMENDMENT.—Section lished by subsection (b). more buildings or facilities to replace one or 801(a)(2)(C) of the National Energy Conserva- (d) DEFINITIONS.—For purposes of this sec- more existing buildings or facilities, benefits tion Policy Act (42 U.S.C. 8287(a)(2)(C)) is tion, the terms ‘‘Energy Efficiency Ratio’’, ancillary to the purpose of such contract amended by inserting ‘‘or water’’ after ‘‘fi- ‘‘Seasonal Energy Efficiency Ratio’’, ‘‘Heat- under paragraph (1) may include savings re- nancing energy’’. ing Seasonal Performance Factor’’, and ‘‘Co- sulting from reduced costs of operation and (c) EXTENSION OF AUTHORITY.—Section efficient of Performance’’ have the meanings maintenance at such replacement buildings 801(c) of the National Energy Conservation used for those terms in Appendix M to Sub- or facilities when compared with costs of op- Policy Act (42 U.S.C. 8287(c)) is repealed. part B of Part 430 of title 10 of the Code of eration and maintenance at the buildings or (d) CONTRACTING AND AUDITING.—Section Federal Regulations, as in effect on May 24, facilities being replaced, established through 801(a)(2) of the National Energy Conservation 2001. a methodology set forth in the contract. Policy Act (42 U.S.C. 8287(a)(2)) is amended (e) EXEMPTIONS.—An agency shall be ex- ‘‘(B) Notwithstanding paragraph (2)(B), ag- by adding at the end the following new sub- empt from the requirements of this section gregate annual payments by an agency under paragraph: with respect to air conditioner or heat pump an energy savings contract or energy savings ‘‘(E) A Federal agency shall engage in con- purchases for particular uses where the agen- performance contract referred to in subpara- tracting and auditing to implement energy cy head determines that purchase of a air

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9887 conditioner or heat pump for such use would this review shall identify all areas for in- ing ‘‘$273,000,000 for fiscal year 2002, be impractical. A finding of impracticability creasing program flexibility and effective- $325,000,000 for fiscal year 2003, $400,000,000 for shall be based on whether— ness, including audit and measurement fiscal year 2004, and $500,000,000 for fiscal (1) the energy savings pay-back period for verification requirements, accounting for en- year 2005’’. such purchase would be less than 10 years; ergy use in determining savings, contracting SEC. 134. LIHEAP. (2) space constraints or other technical fac- requirements, and energy efficiency services (a) AUTHORIZATION OF APPROPRIATIONS.— tors would make compliance with this sec- covered. The Secretary shall report these Section 2602(b) of the Low-Income Home En- tion cost-prohibitive; or findings to the Committee on Energy and ergy Assistance Act of 1981 (42 U.S.C. 8621(b)) (3) in the case of the Departments of De- Commerce of the House of Representatives is amended by striking the first sentence and fense and Energy, compliance with this sec- and the Committee on Energy and Natural inserting the following: ‘‘There are author- tion would be inconsistent with the proper Resources of the Senate, and shall imple- ized to be appropriated to carry out the pro- discharge of national security functions. ment identified administrative and regu- visions of this title (other than section SEC. 125. ADVANCED BUILDING EFFICIENCY latory changes to increase program flexi- 2607A), $3,400,000,000 for each of fiscal years TESTBED. bility and effectiveness to the extent that 2001 through 2005.’’. (b) GAO STUDY.—The Comptroller General (a) ESTABLISHMENT.—The Secretary of En- such changes are consistent with statutory ergy shall establish an Advanced Building authority. of the United States shall conduct a study to determine— Efficiency Testbed program for the develop- SEC. 128. CAPITOL COMPLEX. (1) the extent to which Low-Income Home ment, testing, and demonstration of ad- (a) ENERGY INFRASTRUCTURE.—The Archi- Energy Assistance (LIHEAP) and other gov- vanced engineering systems, components, tect of the Capitol, building on the Master ernment energy subsidies paid to consumers and materials to enable innovations in build- Plan Study completed in July 2000, shall discourage or encourage energy conservation ing technologies. The program shall evaluate commission a study to evaluate the energy and energy efficiency investments when government and industry building efficiency infrastructure of the Capital Complex to de- compared to structures of the same physical concepts, and demonstrate the ability of termine how the infrastructure could be aug- description and occupancy in compatible ge- next generation buildings to support indi- mented to become more energy efficient, ographic locations; vidual and organizational productivity and using unconventional and renewable energy (2) the extent to which education could in- health as well as flexibility and techno- resources, in a way that would enable the crease the conservation of low-income house- logical change to improve environmental Complex to have reliable utility service in holds who opt to receive supplemental in- sustainability. the event of power fluctuations, shortages, come instead of Low-Income Home Energy (b) PARTICIPANTS.—The program estab- or outages. Assistance funds; lished under subsection (a) shall be led by a (b) AUTHORIZATION.—There is authorized to (3) the benefit in energy efficiency and en- university having demonstrated experience be appropriated to the Architect of the Cap- ergy savings that can be achieved through with the application of intelligent work- itol to carry out this section, not more than the annual maintenance of heating and cool- places and advanced building systems in im- $2,000,000 for fiscal years after the enactment ing appliances in the homes of those receiv- proving the quality of built environments. of this Act. ing Low-Income Home Energy Assistance Such university shall also have the ability to Subtitle C—State Programs funds; and combine the expertise from more than 12 SEC. 131. AMENDMENTS TO STATE ENERGY PRO- (4) the loss of energy conservation that re- academic fields, including electrical and GRAMS. sults from structural inadequacies in a computer engineering, computer science, ar- (a) STATE ENERGY CONSERVATION PLANS.— structure that is unhealthy, not energy effi- chitecture, urban design, and environmental Section 362 of the Energy Policy and Con- cient, and environmentally unsound and that and mechanical engineering. Such university servation Act (42 U.S.C. 6322) is amended by receives Low-Income Home Energy Assist- shall partner with other universities and en- inserting at the end the following new sub- ance funds for weatherization. tities who have established programs and the section: SEC. 135. HIGH PERFORMANCE PUBLIC BUILD- capability of advancing innovative building ‘‘(g) The Secretary shall, at least once INGS. efficiency technologies. every 3 years, invite the Governor of each (a) PROGRAM ESTABLISHMENT AND ADMINIS- (c) AUTHORIZATION OF APPROPRIATIONS.— State to review and, if necessary, revise the TRATION.— There are authorized to be appropriated to energy conservation plan of such State sub- (1) ESTABLISHMENT.—There is established the Secretary of Energy to carry out this mitted under subsection (b) or (e). Such re- in the Department of Energy the High Per- section $18,000,000 for fiscal year 2002, to re- views should consider the energy conserva- formance Public Buildings Program (in this main available until expended, of which tion plans of other States within the region, section referred to as the ‘‘Program’’). $6,000,000 shall be provided to the lead uni- and identify opportunities and actions car- (2) IN GENERAL.—The Secretary of Energy versity described in subsection (b), and the ried out in pursuit of common energy con- may, through the Program, make grants— remainder shall be provided equally to each servation goals.’’. (A) to assist units of local government in of the other participants referred to in sub- (b) STATE ENERGY EFFICIENCY GOALS.—Sec- the production, through construction or ren- section (b). tion 364 of the Energy Policy and Conserva- ovation of buildings and facilities they own SEC. 126. USE OF INTERVAL DATA IN FEDERAL tion Act (42 U.S.C. 6324) is amended by in- and operate, of high performance public BUILDINGS. serting ‘‘Each State energy conservation buildings and facilities that are healthful, Section 543 of the National Energy Con- plan with respect to which assistance is productive, energy efficient, and environ- servation Policy Act (42 U.S.C. 8253) is made available under this part on or after mentally sound; amended by adding at the end the following the date of the enactment of Energy Ad- (B) to State energy offices to administer new subsection: vancement and Conservation Act of 2001, the program of assistance to units of local ‘‘(h) USE OF INTERVAL DATA IN FEDERAL shall contain a goal, consisting of an im- government pursuant to this section; and BUILDINGS.—Not later than January 1, 2003, provement of 25 percent or more in the effi- (C) to State energy offices to promote par- each agency shall utilize, to the maximum ciency of use of energy in the State con- ticipation by units of local government in extent practicable, for the purposes of effi- cerned in the calendar year 2010 as compared the Program. cient use of energy and reduction in the cost to the calendar year 1990, and may contain (3) GRANTS TO ASSIST UNITS OF LOCAL GOV- of electricity consumed in its Federal build- interim goals.’’ after ‘‘contain interim ERNMENT.—Grants under paragraph (2)(A) for ings, interval consumption data that meas- goals.’’. new public buildings shall be used to achieve ure on a real time or daily basis consump- (c) AUTHORIZATION OF APPROPRIATIONS.— energy efficiency performance that reduces tion of electricity in its Federal buildings. Section 365(f) of the Energy Policy and Con- energy use at least 30 percent below that of To meet the requirements of this subsection servation Act (42 U.S.C. 6325(f)) is amended a public building constructed in compliance each agency shall prepare and submit at the by striking ‘‘for fiscal years 1999 through 2003 with standards prescribed in Chapter 8 of the earliest opportunity pursuant to section such sums as may be necessary’’ and insert- 2000 International Energy Conservation 548(a) to the Secretary, a plan describing ing ‘‘$75,000,000 for fiscal year 2002, Code, or a similar State code intended to how the agency intends to meet such re- $100,000,000 for fiscal years 2003 and 2004, achieve substantially equivalent results. quirements, including how it will designate $125,000,000 for fiscal year 2005’’. Grants under paragraph (2)(A) for existing personnel primarily responsible for achiev- SEC. 132. REAUTHORIZATION OF ENERGY CON- public buildings shall be used to achieve en- ing such requirements, and otherwise imple- SERVATION PROGRAM FOR ergy efficiency performance that reduces en- ment this subsection.’’. SCHOOLS AND HOSPITALS. ergy use below the public building baseline SEC. 127. REVIEW OF ENERGY SAVINGS PER- Section 397 of the Energy Policy and Con- consumption, assuming a 3-year, weather- FORMANCE CONTRACT PROGRAM. servation Act (42 U.S.C. 6371f) is amended by normalized average for calculating such Within 180 days after the date of the enact- striking ‘‘2003’’ and inserting ‘‘2010’’. baseline. Grants under paragraph (2)(A) shall ment of this Act, the Secretary of Energy SEC. 133. AMENDMENTS TO WEATHERIZATION AS- be made to units of local government that shall complete a review of the Energy Sav- SISTANCE PROGRAM. have— ings Performance Contract program to iden- Section 422 of the Energy Conservation and (A) demonstrated a need for such grants in tify statutory, regulatory, and administra- Production Act (42 U.S.C. 6872) is amended order to respond appropriately to increasing tive obstacles that prevent Federal agencies by striking ‘‘for fiscal years 1999 through 2003 population or to make major investments in from fully utilizing the program. In addition, such sums as may be necessary’’ and insert- renovation of public buildings; and

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(B) made a commitment to use the grant (1) HIGH PERFORMANCE PUBLIC BUILDING.— ‘‘(15) Restaurants and other food service fa- funds to develop high performance public The term ‘‘high performance public build- cilities. buildings in accordance with a plan devel- ing’’ means a public building which, in its ‘‘(16) Solar water heaters. oped and approved pursuant to paragraph design, construction, operation, and mainte- ‘‘(17) Building-integrated photovoltaic sys- (5)(A). nance, maximizes use of unconventional and tems. (4) OTHER GRANTS.— renewable energy resources and energy effi- ‘‘(18) Reflective pigment coatings. (A) GRANTS FOR ADMINISTRATION.—Grants ciency practices, is cost-effective on a life ‘‘(19) Windows. under paragraph (2)(B) shall be used to evalu- cycle basis, uses affordable, environmentally ‘‘(20) Boilers. ate compliance by units of local government preferable, durable materials, enhances in- ‘‘(21) Devices to extend the life of motor with the requirements of this section, and in door environmental quality, protects and vehicle oil. addition may be used for— conserves water, and optimizes site poten- ‘‘(c) COOL ROOFING.—In determining wheth- (i) distributing information and materials tial. er the Energy Star label should be extended to clearly define and promote the develop- (2) RENEWABLE ENERGY.—The term ‘‘renew- to roofing products, the Secretary and the ment of high performance public buildings able energy’’ means energy produced by Administrator shall work with the roofing for both new and existing facilities; solar, wind, geothermal, hydroelectric, or products industry to determine the appro- (ii) organizing and conducting programs biomass power. priate solar reflective index of roofing prod- for local government personnel, architects, (3) UNCONVENTIONAL AND RENEWABLE EN- ucts.’’. engineers, and others to advance the con- ERGY RESOURCES.—The term ‘‘unconven- (b) TABLE OF CONTENTS AMENDMENT.—The cepts of high performance public buildings; tional and renewable energy resources’’ table of contents of the Energy Policy and (iii) obtaining technical services and as- means renewable energy, hydrogen, fuel Conservation Act is amended by inserting sistance in planning and designing high per- cells, cogeneration, combined heat and after the item relating to section 324 the fol- formance public buildings; and power, heat recovery (including by use of a lowing new item: (iv) collecting and monitoring data and in- Stirling heat engine), and distributed gen- ‘‘Sec. 324A. Energy Star program.’’. formation pertaining to the high perform- eration. SEC. 141A. ENERGY SUN RENEWABLE AND ALTER- ance public building projects. Subtitle D—Energy Efficiency for Consumer NATIVE ENERGY PROGRAM. (B) GRANTS TO PROMOTE PARTICIPATION.— Products (a) AMENDMENT.—The Energy Policy and Grants under paragraph (2)(C) may be used SEC. 141. ENERGY STAR PROGRAM. Conservation Act (42 U.S.C. 6201 and fol- for promotional and marketing activities, (a) AMENDMENT.—The Energy Policy and lowing) is amended by inserting the fol- including facilitating private and public fi- Conservation Act (42 U.S.C. 6201 and fol- lowing after section 324A: nancing, promoting the use of energy service lowing) is amended by inserting the fol- ‘‘SEC. 324B. ENERGY SUN RENEWABLE AND AL- companies, working with public building lowing after section 324: TERNATIVE ENERGY PROGRAM. users, and communities, and coordinating ‘‘SEC. 324A. ENERGY STAR PROGRAM. ‘‘(a) PROGRAM.—There is established at the public benefit programs. ‘‘(a) IN GENERAL.—There is established at Environmental Protection Agency and the (5) IMPLEMENTATION.— the Department of Energy and the Environ- Department of Energy a government-indus- (A) PLANS.—A grant under paragraph (2)(A) mental Protection Agency a program to try partnership program to identify and pro- shall be provided only to a unit of local gov- identify and promote energy-efficient prod- mote the purchase of renewable and alter- ernment that, in consultation with its State ucts and buildings in order to reduce energy native energy products, to recognize compa- office of energy, has developed a plan that consumption, improve energy security, and nies that purchase renewable and alternative the State energy office determines to be fea- reduce pollution through labeling of prod- energy products for the environmental and sible and appropriate in order to achieve the ucts and buildings that meet the highest en- energy security benefits of such purchases, purposes for which such grants are made. ergy efficiency standards. Responsibilities and to educate consumers about the environ- (B) SUPPLEMENTING GRANT FUNDS.—State under the program shall be divided between mental and energy security benefits of re- energy offices shall encourage qualifying the Department of Energy and the Environ- newable and alternative energy. Responsibil- units of local government to supplement mental Protection Agency consistent with ities under the program shall be divided be- their grant funds with funds from other the terms of agreements between the two tween the Environmental Protection Agency sources in the implementation of their plans. agencies. The Administrator and the Sec- and the Department of Energy consistent (b) ALLOCATION OF FUNDS.— retary shall— with the terms of agreements between the (1) IN GENERAL.—Except as provided in ‘‘(1) promote Energy Star compliant tech- two agencies. The Administrator of the Envi- paragraph (3), funds appropriated to carry nologies as the preferred technologies in the ronmental Protection Agency and the Sec- out this section shall be provided to State marketplace for achieving energy efficiency retary of Energy— energy offices. and to reduce pollution; ‘‘(1) establish an Energy Sun label for re- (2) PURPOSES.—Except as provided in para- ‘‘(2) work to enhance public awareness of newable and alternative energy products and graph (3), funds appropriated to carry out the Energy Star label; and technologies that the Administrator or the this section shall be allocated as follows: ‘‘(3) preserve the integrity of the Energy Secretary (consistent with the terms of (A) Seventy percent shall be used to make Star label. agreements between the two agencies regard- grants under subsection (a)(2)(A). For the purposes of carrying out this sec- ing responsibility for specific product cat- (B) Fifteen percent shall be used to make tion, there is authorized to be appropriated egories) determine to have substantial envi- grants under subsection (a)(2)(B). for fiscal years 2002 through 2006 such sums ronmental and energy security benefits and (C) Fifteen percent shall be used to make as may be necessary, to remain available commercial marketability. grants under subsection (a)(2)(C). until expended. ‘‘(2) establish an Energy Sun Company pro- (3) OTHER FUNDS.—The Secretary of Energy ‘‘(b) STUDY OF CERTAIN PRODUCTS AND gram to recognize private companies that may retain not to exceed $300,000 per year BUILDINGS.—Within 180 days after the date of draw a substantial portion of their energy from amounts appropriated under subsection the enactment of this section, the Secretary from renewable and alternative sources that (c) to assist State energy offices in coordi- and the Administrator, consistent with the provide substantial environmental and en- nating and implementing the Program. Such terms of agreements between the two agen- ergy security benefits, as determined by the funds may be used to develop reference ma- cies (including existing agreements with re- Administrator or the Secretary. terials to further define the principles and spect to which agency shall handle a par- ‘‘(3) promote Energy Sun compliant prod- criteria to achieve high performance public ticular product or building), shall determine ucts and technologies as the preferred prod- buildings. whether the Energy Star label should be ex- ucts and technologies in the marketplace for (c) AUTHORIZATION OF APPROPRIATIONS.— tended to additional products and buildings, reducing pollution and achieving energy se- There are authorized to be appropriated to including the following: curity; and the Secretary of Energy to carry out this ‘‘(1) Air cleaners. ‘‘(4) work to enhance public awareness and section such sums as may be necessary for ‘‘(2) Ceiling fans. preserve the integrity of the Energy Sun each of the fiscal years 2002 through 2010. label. (d) REPORT TO CONGRESS.—The Secretary of ‘‘(3) Light commercial heating and cooling Energy shall conduct a biennial review of products. For the purposes of carrying out this sec- State actions implementing this section, and ‘‘(4) Reach-in refrigerators and freezers. tion, there is authorized to be appropriated the Secretary shall report to Congress on the ‘‘(5) Telephony. $10,000,000 for each of fiscal years 2002 results of such reviews. In conducting such ‘‘(6) Vending machines. through 2006. reviews, the Secretary shall assess the effec- ‘‘(7) Residential water heaters. ‘‘(b) STUDY OF CERTAIN PRODUCTS, TECH- tiveness of the calculation procedures used ‘‘(8) Refrigerated beverage merchandisers. NOLOGIES, AND BUILDINGS.—Within 18 months by the States in establishing eligibility of ‘‘(9) Commercial ice makers. after the enactment of this section, the Ad- units of local government for funding under ‘‘(10) School buildings. ministrator and the Secretary, consistent this section, and may assess other aspects of ‘‘(11) Retail buildings. with the terms of agreements between the the State program to determine whether ‘‘(12) Health care facilities. two agencies, shall conduct a study to deter- they have been effectively implemented. ‘‘(13) Homes. mine whether the Energy Sun label should (e) DEFINITIONS.—For purposes of this sec- ‘‘(14) Hotels and other commercial lodging be authorized for products, technologies, and tion: facilities. buildings in the following categories:

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9889 ‘‘(1) Passive solar, solar thermal, concen- ‘‘(F) Not later than 1 year after the date of household appliance from the standard under trating solar energy, solar water heating, the enactment of this subparagraph, the paragraph (2). and related solar products and building tech- Commission shall initiate a rulemaking to ‘‘(B) The Secretary shall grant an exemp- nologies. prescribe labeling rules under this section tion for a household appliance for which an ‘‘(2) Solar photovoltaics and other solar applicable to consumer products that are not application is made under subparagraph (A) electric power generation technologies. covered products if it determines that label- if the applicant provides evidence showing ‘‘(3) Wind. ing of such products is likely to assist con- that, and the Secretary determines that— ‘‘(4) Geothermal. sumers in making purchasing decisions and ‘‘(i) it is not technically feasible to modify ‘‘(5) Biomass. is technologically and economically feasible. the household appliance to enable the house- ‘‘(6) Distributed energy (including, but not ‘‘(G) Not later than 3 months after the date hold appliance to meet the standard; limited to, microturbines, combined heat of the enactment of this subparagraph, the ‘‘(ii) the standard is incompatible with an and power, fuel cells, and stirling heat en- Commission shall initiate a rulemaking to energy efficiency standard applicable to the gines). consider the effectiveness of the current con- household appliance under another sub- ‘‘(7) Green power or other renewables and sumer products labeling program in assisting section; or alternative based electric power products consumers in making purchasing decisions ‘‘(iii) the cost of electricity that a typical (including green tag credit programs) sold to and improving energy efficiency and to con- consumer would save in operating the house- retail consumers of electricity. sider changes to the label that would im- hold appliance meeting the standard would ‘‘(8) Homes. prove the effectiveness of the label. Such not equal the increase in the price of the ‘‘(9) School buildings. rule making shall be completed within 15 household appliance that would be attrib- ‘‘(10) Retail buildings. months of the date of the enactment of this utable to the modifications that would be ‘‘(11) Health care facilities. subparagraph.’’. necessary to enable the household appliance ‘‘(12) Hotels and other commercial lodging SEC. 143. APPLIANCE STANDARDS. to meet the standard by the earlier of— ‘‘(I) the date that is 7 years after the date facilities. (a) STANDARDS FOR HOUSEHOLD APPLIANCES of purchase of the household appliance; or ‘‘(13) Restaurants and other food service fa- IN STANDBY MODE.—(1) Section 325 of the En- ‘‘(II) the end of the useful life of the house- cilities. ergy Policy and Conservation Act (42 U.S.C. hold appliance. ‘‘(14) Rest area facilities along interstate 6295) is amended by adding at the end the fol- highways. ‘‘(C) If the Secretary determines that it is lowing: not technically feasible to modify a house- ‘‘(15) Sports stadia, arenas, and concert fa- ‘‘(u) STANDBY MODE ELECTRIC ENERGY CON- cilities. hold appliance to meet the standard under SUMPTION BY HOUSEHOLD APPLIANCES.—(1) In paragraph (2), the Secretary shall establish a ‘‘(16) Any other product, technology or this subsection: building category, the accelerated recogni- different standard for the household appli- ‘‘(A) The term ‘household appliance’ means ance in accordance with the criteria under tion of which the Administrator or the Sec- any device that uses household electric cur- subsection (l). retary determines to be necessary or appro- rent, operates in a standby mode, and is ‘‘(4)(A) Not later than 1 year after the date priate for the achievement of the purposes of identified by the Secretary as a major con- of the enactment of this subsection, the Sec- this section. sumer of electricity in standby mode, except retary shall establish a test procedure for de- Nothing in this subsection shall be construed digital televisions, digital set top boxes, dig- termining the amount of consumption of to limit the discretion of the Administrator ital video recorders, any product recognized power by a household appliance operating in or the Secretary under subsection (a)(1) to under the Energy Star program, any product standby mode. include in the Energy Sun program addi- that was on the date of the enactment of this ‘‘(B) In establishing the test procedure, the tional products, technologies, and buildings Act subject to an energy conservation stand- Secretary shall consider— not listed in this subsection. Participation ard under this section, and any product re- ‘‘(i) international test procedures under de- by private-sector entities in programs or garding which the Secretary finds that the velopment; studies authorized by this section shall be expected additional cost to the consumer of ‘‘(ii) test procedures used in connection (A) voluntary, and (B) by permission of the purchasing such product as a result of com- with the Energy Star program; and Administrator or Secretary, on terms and plying with a standard established under this ‘‘(iii) test procedures used for measuring conditions the Administrator or the Sec- section is not economically justified within power consumption in standby mode in other retary (consistent with agreements between the meaning of subsection (o). countries. the agencies) deems necessary or appropriate ‘‘(B) The term ‘standby mode’ means a ‘‘(5) FURTHER REDUCTION OF STANDBY POWER to carry out the purposes and requirements mode in which a household appliance con- CONSUMPTION.—The Secretary shall provide of this section. sumes the least amount of electric energy technical assistance to manufacturers in ‘‘(c) DEFINITION.—For the purposes of this that the household appliance is capable of achieving further reductions in standby section, the term ‘renewable and alternative consuming without being completely mode electric energy consumption by house- energy’ shall have the same meaning as the switched off (provided that, the amount of hold appliances. term ‘unconventional and renewable energy electric energy consumed in such mode is ‘‘(v) STANDBY MODE ELECTRIC ENERGY CON- resources’ in Section 551 of the National En- substantially less than the amount the SUMPTION BY DIGITAL TELEVISIONS, DIGITAL ergy Conservation Policy Act (42 U.S.C. SET TOP BOXES, AND DIGITAL VIDEO RECORD- household appliance would consume in its 8259).’’. ERS.—The Secretary shall initiate on Janu- normal operational mode). (b) TABLE OF CONTENTS AMENDMENT.—The ary 1, 2007 a rulemaking to prescribe, in ac- ‘‘(C) The term ‘major consumer of elec- table of contents of the Energy Policy and cordance with subsections (o) and (p), an en- tricity in standby mode’ means a product for Conservation Act is amended by inserting ergy conservation standard of standby mode after the item relating to section 324A the which a standard prescribed under this sec- electric energy consumption by digital tele- following new item: tion would result in substantial energy sav- vision sets, digital set top boxes, and digital ‘‘Sec. 324B. Energy Sun renewable and alter- ings as compared to energy savings achieved video recorders. The Secretary shall issue a native energy program.’’. or expected to be achieved by standards es- final rule prescribing such standards not tablished by the Secretary under subsections SEC. 142. LABELING OF ENERGY EFFICIENT AP- later than 18 months thereafter. In deter- PLIANCES. (o) and (p) of this section for products that mining whether a standard under this sec- (a) STUDY.—Section 324(e) of the Energy were, at the time of the enactment of this tion is technologically feasible and economi- Policy and Conservation Act (42 U.S.C. subsection, covered products under this sec- cally justified under section 325(o)(2)(A), the 6294(e)) is amended as follows: tion. Secretary shall consider the potential effects (1) By inserting ‘‘(1)’’ before ‘‘The Sec- ‘‘(2)(A) Except as provided in subparagraph on market penetration by digital products retary, in consultation’’. (B), a household appliance that is manufac- covered under this section, and shall con- (2) By redesignating paragraphs (1) and (2) tured in, or imported for sale in, the United sider any recommendations by the FCC re- as subparagraphs (A) and (B), respectively. States on or after the date that is 2 years garding such effects.’’. (3) By adding the following new paragraph after the date of the enactment of this sub- (2) Section 325(o)(3) of the Energy Policy at the end: section shall not consume in standby mode and Conservation Act (42 U.S.C. 6295(n)(1)) is ‘‘(2) The Secretary shall make rec- more than 1 watt. amended by inserting at the end of the para- ommendations to the Commission within 180 ‘‘(B) In the case of analog televisions, the graph the following: ‘‘Notwithstanding any days of the date of the enactment of this Secretary shall prescribe, on or after the provision of this part, the Secretary shall paragraph regarding labeling of consumer date that is 2 years after the date of the en- not amend a standard established under sub- products that are not covered products in ac- actment of this subsection, in accordance section (u) or (v) of this section.’’. cordance with this section, where such label- with subsections (o) and (p) of section 325, an (b) STANDARDS FOR NONCOVERED PROD- ing is likely to assist consumers in making energy conservation standard that is techno- UCTS.—Section 325(m) of the Energy Policy purchasing decisions and is technologically logically feasible and economically justified and Conservation Act (42 U.S.C. 6295(m)) is and economically feasible.’’. under section 325(o)(2)(A) (in lieu of the 1 amended as follows: (b) NONCOVERED PRODUCTS.—Section watt standard under subparagraph (A)). (1) Inserting ‘‘(1)’’ before ‘‘After’’. 324(a)(2) of the Energy Policy and Conserva- ‘‘(3)(A) A manufacturer or importer of a (2) Inserting the following at the end: tion Act (42 U.S.C. 6294(a)(2)) is amended by household appliance may submit to the Sec- ‘‘(2) Not later than 1 year after the date of adding the following at the end: retary an application for an exemption of the the enactment of the Energy Advancement

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9890 CONGRESSIONAL RECORD — SENATE September 26, 2001 and Conservation Act of 2001, the Secretary or remote) governing fan speed and lighting U.S.C. 6292(a)) is amended by redesignating shall conduct a rulemaking to determine operation. paragraph (19) as paragraph (20) and by in- whether consumer products not classified as ‘‘(35) The term ‘refrigerated bottled or serting after paragraph (18) the following: a covered product under section 322(a)(1) canned beverage vending machine’ means a ‘‘(19) Beginning on the effective date for through (18) meet the criteria of section machine that cools bottled or canned bev- standards established pursuant to subsection 322(b)(1) and is a major consumer of elec- erages and dispenses them upon payment.’’. (v) of section 325, each product referred to in tricity. If the Secretary finds that a con- (2) TESTING REQUIREMENTS.—Section 323 of such subsection (v).’’. sumer product not classified as a covered the Energy Policy and Conservation Act (42 Subtitle E—Energy Efficient Vehicles product meets the criteria of section U.S.C. 6293) is amended by adding the fol- SEC. 151. HIGH OCCUPANCY VEHICLE EXCEP- 322(b)(1), he shall prescribe, in accordance lowing at the end thereof: TION. with subsections (o) and (p), an energy con- ‘‘(f) ADDITIONAL CONSUMER PRODUCTS.—The (a) IN GENERAL.—Notwithstanding section servation standard for such consumer prod- Secretary shall within 18 months after the 102(a)(1) of title 23, United States Code, a uct, if such standard is reasonably probable date of the enactment of this subsection pre- State may, for the purpose of promoting en- to be technologically feasible and economi- scribe testing requirements for residential ergy conservation, permit a vehicle with cally justified within the meaning of sub- furnace fans, residential central air condi- fewer than 2 occupants to operate in high oc- section (o)(2)(A). As used in this paragraph, tioner fans, heat pump circulation fans, sus- cupancy vehicle lanes if such vehicle is a hy- the term ‘major consumer of electricity’ pended ceiling fans, and refrigerated bottled brid vehicle or is fueled by an alternative means a product for which a standard pre- or canned beverage vending machines. Such fuel. scribed under this section would result in testing requirements shall be based on exist- (b) HYBRID VEHICLE DEFINED.—In this sec- substantial aggregate energy savings as com- ing test procedures used in industry to the tion, the term ‘‘hybrid vehicle’’ means a pared to energy savings achieved or expected extent practical and reasonable. In the case motor vehicle— to be achieved by standards established by of residential furnace fans, residential cen- (1) which draws propulsion energy from on- the Secretary under paragraphs (o) and (p) of tral air conditioner fans, heat pump circula- board sources of stored energy which are this section for products that were, at the tion fans, and suspended ceiling fans, such both— time of the enactment of this paragraph, test procedures shall include efficiency at (A) an internal combustion or heat engine covered products under this section.’’. both maximum output and at an output no using combustible fuel; and (c) CONSUMER EDUCATION ON ENERGY EFFI- more than 50 percent of the maximum out- (B) a rechargeable energy storage system; CIENCY BENEFITS OF AIR CONDITIONING, HEAT- put.’’. (2) which, in the case of a passenger auto- ING AND VENTILATION MAINTENANCE.—Section (3) STANDARDS FOR ADDITIONAL CONSUMER mobile or light truck— 337 of the Energy Policy and Conservation PRODUCTS.—Section 325 of the Energy Policy (A) for 2002 and later model vehicles, has Act (42 U.S.C. 6307) is amended by adding the and Conservation Act (42 U.S.C. 6295) is received a certificate of conformity under following new subsection after subsection amended by adding the following at the end section 206 of the Clean Air Act (42 U.S.C. (b): thereof: 7525) and meets or exceeds the equivalent ‘‘(c) HVAC MAINTENANCE.—For the purpose ‘‘(w) RESIDENTIAL FURNACE FANS, CENTRAL qualifying California low emission vehicle of ensuring that installed air conditioning AIR AND HEAT PUMP CIRCULATION FANS, SUS- and heating systems operate at their max- PENDED CEILING FANS, AND VENDING MA- standard under section 243(e)(2) of the Clean imum rated efficiency levels, the Secretary CHINES.—(1) The Secretary shall, within 18 Air Act (42 U.S.C. 7583(e)(2)) for that make shall, within 180 days of the date of the en- months after the date of the enactment of and model year; and actment of this subsection, develop and im- this subsection, assess the current and pro- (B) for 2004 and later model vehicles, has plement a public education campaign to edu- jected future market for residential furnace received a certificate that such vehicle cate homeowners and small business owners fans, residential central air conditioner and meets the Tier II emission level established concerning the energy savings resulting from heat pump circulation fans, suspended ceil- in regulations prescribed by the Adminis- regularly scheduled maintenance of air con- ing fans, and refrigerated bottled or canned trator of the Environmental Protection ditioning, heating, and ventilating systems. beverage vending machines. This assessment Agency under section 202(i) of the Clean Air In developing and implementing this cam- shall include an examination of the types of Act (42 U.S.C. 7521(i)) for that make and paign, the Secretary shall consider support products sold, the number of products in use, model year vehicle; and by the Department of public education pro- annual sales of these products, energy used (3) which is made by a manufacturer. grams sponsored by trade and professional by these products sold, the number of prod- (c) ALTERNATIVE FUEL DEFINED.—In this and energy efficiency organizations. The ucts in use, annual sales of these products, section, the term ‘‘alternative fuel’’ has the public service information shall provide suf- energy used by these products, estimates of meaning such term has under section 301(2) ficient information to allow consumers to the potential energy savings from specific of the Energy Policy Act of 1992 (42 U.S.C. make informed choices from among profes- technical improvements to these products, 13211(2)). sional, licensed (where State or local licens- and an examination of the cost-effectiveness SEC. 152. RAILROAD EFFICIENCY. ing is required) contractors. There are au- of these improvements. Prior to the end of (a) LOCOMOTIVE TECHNOLOGY DEMONSTRA- thorized to be appropriated to carry out this this time period, the Secretary shall hold an TION.—The Secretary of Energy shall estab- subsection $5,000,000 for fiscal years 2002 and initial scoping workshop to discuss and re- lish a public-private research partnership 2003 in addition to amounts otherwise appro- ceive input to plans for developing minimum with railroad carriers, locomotive manufac- priated in this part.’’. efficiency standards for these products. turers, and a world-class research and test (d) EFFICIENCY STANDARDS FOR FURNACE ‘‘(2) The Secretary shall within 24 months center dedicated to the advancement of rail- FANS, CEILING FANS, AND COLD DRINK VEND- after the date on which testing requirements road technology, efficiency, and safety that ING MACHINES.— are prescribed by the Secretary pursuant to is owned by the Federal Railroad Adminis- (1) DEFINITIONS.—Section 321 of the Energy section 323(f), prescribe, by rule, energy con- tration and operated in the private sector, Policy and Conservation Act (42 U.S.C. 6291) servation standards for residential furnace for the development and demonstration of lo- is amended by adding the following at the fans, residential central air conditioner and comotive technologies that increase fuel end thereof: heat pump circulation fans, suspended ceil- economy and reduce emissions. ‘‘(32) The term ‘residential furnace fan’ ing fans, and refrigerated bottled or canned (b) AUTHORIZATION OF APPROPRIATIONS.— means an electric fan installed as part of a beverage vending machines. In establishing There are authorized to be appropriated to furnace for purposes of circulating air these standards, the Secretary shall use the the Secretary of Energy $25,000,000 for fiscal through the system air filters, the heat ex- criteria and procedures contained in sub- year 2002, $30,000,000 for fiscal year 2003, and changers or heating elements of the furnace, sections (l) and (m). Any standard prescribed $35,000,000 for fiscal year 2004 for carrying out and the duct work. under this section shall apply to products this section. ‘‘(33) The terms ‘residential central air manufactured 36 months after the date such SEC. 153. BIODIESEL FUEL USE CREDITS. conditioner fan’ and ‘heat pump circulation rule is published.’’. Section 312(c) of the Energy Policy Act of fan’ mean an electric fan installed as part of (4) LABELING.—Section 324(a) of the Energy 1992 (42 U.S.C. 13220(c)) is amended— a central air conditioner or heat pump for Policy and Conservation Act (42 U.S.C. (1) by striking ‘‘NOT’’ in the subsection purposes of circulating air through the sys- 6294(a)) is amended by adding the following heading; and tem air filters, the heat exchangers of the air at the end thereof: (2) by striking ‘‘not’’. conditioner or heat pump, and the duct ‘‘(5) The Secretary shall within 6 months SEC. 154. MOBILE TO STATIONARY SOURCE TRAD- work. after the date on which energy conservation ING. ‘‘(34) The term ‘suspended ceiling fan’ standards are prescribed by the Secretary for Within 90 days after the enactment of this means a fan intended to be mounted to a covered products referred to in section section, the Administrator of the Environ- ceiling outlet box, ceiling building structure, 325(w), prescribe, by rule, labeling require- mental Protection Agency is directed to or to a vertical rod suspended from the ceil- ments for such products. These requirements commence a review of the Agency’s policies ing, and which as blades which rotate below shall take effect on the same date as the regarding the use of mobile to stationary the ceiling and consists of an electric motor, standards prescribed pursuant to section source trading of emission credits under the fan blades (which rotate in a direction par- 325(w).’’. Clean Air Act to determine whether such allel to the floor), an optional lighting kit, (5) COVERED PRODUCTS.—Section 322(a) of trading can provide both nonattainment and and one or more electrical controls (integral the Energy Policy and Conservation Act (42 attainment areas with additional flexibility

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9891 in achieving and maintaining healthy air for oil and the potential environmental bene- ards for automobiles (except passenger auto- quality and increasing use of alternative fuel fits of the technology in terms of reduced mobiles) manufactured in model years 2004 and advanced technology vehicles, thereby waste and air pollution. The Secretary and through 2010 that are calculated to ensure reducing United States dependence on for- the Administrator shall also examine the that the aggregate amount of gasoline pro- eign oil. feasibility of using such technology in the jected to be used in those model years by Subtitle F—Other Provisions Federal motor vehicle fleet. automobiles to which the standards apply is (b) REPORT.—Not later than 6 months after at least 5 billion gallons less than the aggre- SEC. 161. REVIEW OF REGULATIONS TO ELIMI- the enactment of this Act, the Secretary of gate amount of gasoline that would be used NATE BARRIERS TO EMERGING EN- in those model years by such automobiles if ERGY TECHNOLOGY. Energy and the Administrator of the Envi- they achieved only the fuel economy re- (a) IN GENERAL.—Each Federal agency ronmental Protection Agency shall jointly submit a report containing the results of the quired under the average fuel economy shall carry out a review of its regulations standard that applies under this subsection and standards to determine those that act as study conducted under subsection (a) to the Committee on Energy and Commerce of the to automobiles (except passenger auto- a barrier to market entry for emerging en- mobiles) manufactured in model year 2002.’’. ergy-efficient technologies, including, but United States House of Representatives and SEC. 202. CONSIDERATION OF PRESCRIBING DIF- not limited to, fuel cells, combined heat and to the Committee on Energy and Natural Re- sources of the United States Senate. FERENT AVERAGE FUEL ECONOMY power, and distributed generation (including STANDARDS FOR NONPASSENGER small-scale renewable energy). SEC. 164. GAS FLARE STUDY. AUTOMOBILES. (b) REPORT TO CONGRESS.—No later than 18 (a) STUDY.—The Secretary of Energy shall (a) IN GENERAL.—The Secretary of Trans- months after the date of the enactment of conduct a study of the economic feasibility portation shall, in prescribing average fuel this section, each agency shall provide a re- of installing small cogeneration facilities economy standards under section 32902(a) of port to Congress and the President detailing utilizing excess gas flares at petrochemical title 49, United States Code, for automobiles all regulatory barriers to emerging energy- facilities to provide reduced electricity costs (except passenger automobiles) manufac- efficient technologies, along with actions the to customers living within 3 miles of the pe- tured in model year 2004, consider the poten- agency intends to take, or has taken, to re- trochemical facilities. The Secretary shall tial benefits of— move such barriers. solicit public comment to assist in preparing (1) establishing a weight-based system for (c) PERIODIC REVIEW.—Each agency shall the report required under subsection (b). automobiles, that is based on the inertia subsequently review its regulations and (b) REPORT.—Not later than 18 months weight, curb weight, gross vehicle weight standards in the manner specified in this sec- after the date of the enactment of this Act, rating, or another appropriate measure of tion no less frequently than every 5 years, the Secretary of Energy shall transmit a re- such automobiles; and and report their findings to Congress and the port to the Congress on the results of the (2) prescribing different fuel economy President. Such reviews shall include a de- study conducted under subsection (a). standards for automobiles that are subject to tailed analysis of all agency actions taken to SEC. 165. TELECOMMUTING STUDY. the weight-based system. remove existing barriers to emerging energy (a) STUDY REQUIRED.—The Secretary, in (b) SPECIFIC CONSIDERATIONS.—In imple- technologies. consultation with Commission, and the menting this section the Secretary— (1) shall consider any recommendations SEC. 162. ADVANCED IDLE ELIMINATION SYS- NTIA, shall conduct a study of the energy TEMS. conservation implications of the widespread made in the National Academy of Sciences study completed pursuant to the Department (a) DEFINITIONS.— adoption of telecommuting in the United of Transportation and Related Agencies Ap- (1) ADVANCED IDLE ELIMINATION SYSTEM.— States. propriations Act, 2000 (Public Law 106–346; The term ‘‘advanced idle elimination sys- (b) REQUIRED SUBJECTS OF STUDY.—The 114 Stat. 2763 et seq.); and tem’’ means a device or system of devices study required by subsection (a) shall ana- (2) shall evaluate the merits of any weight- that is installed at a truck stop or other lo- lyze the following subjects in relation to the based system in terms of motor vehicle safe- cation (for example, a loading, unloading, or energy saving potential of telecommuting: ty, energy conservation, and competitiveness transfer facility) where vehicles (such as (1) Reductions of energy use and energy of and employment in the United States trucks, trains, buses, boats, automobiles, costs in commuting and regular office heat- automotive sector, and if a weight-based sys- and recreational vehicles) are parked and ing, cooling, and other operations. tem is established by the Secretary a manu- that is designed to provide to the vehicle the (2) Other energy reductions accomplished facturer may trade credits between or among services (such as heat, air conditioning, and by telecommuting. (3) Existing regulatory barriers that ham- the automobiles (except passenger auto- electricity) that would otherwise require the mobiles) manufactured by the manufacturer. operation of the auxiliary or drive train en- per telecommuting, including barriers to SEC. 203. DUAL FUELED AUTOMOBILES. gine or both while the vehicle is stationary broadband telecommunications services de- (a) PURPOSES.—The purposes of this section and parked. ployment. are— XTENDED IDLING.—The term ‘‘extended (4) Collateral benefits to the environment, (2) E (1) to extend the manufacturing incentives idling’’ means the idling of a motor vehicle family life, and other values. (c) REPORT REQUIRED.—The Secretary shall for dual fueled automobiles, as set forth in for a period greater than 60 minutes. subsections (b) and (d) of section 32905 of (b) RECOGNITION OF BENEFITS OF ADVANCED submit to the President and the Congress a report on the study required by this section title 49, United States Code, through the 2008 IDLE ELIMINATION SYSTEMS.—Within 90 days model year; and after the date of the enactment of this sub- not later than 6 months after the date of the enactment of this Act. Such report shall in- (2) to similarly extend the limitation on section, the Administrator of the Environ- the maximum average fuel economy increase mental Protection Agency is directed to clude a description of the results of the anal- ysis of each of the subject described in sub- for such automobiles, as set forth in sub- commence a review of the Agency’s mobile section (a)(1) of section 32906 of title 49, source air emissions models used under the section (b). (d) DEFINITIONS.—As used in this section: United States Code. Clean Air Act to determine whether such (b) AMENDMENTS.— models accurately reflect the emissions re- (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy. (1) MANUFACTURING INCENTIVES.—Section sulting from extended idling of heavy-duty 32905 of title 49, United States Code, is trucks and other vehicles and engines, and (2) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Com- amended as follows: shall update those models as the Adminis- (A) Subsections (b) and (d) are each amend- mission. trator deems appropriate. Additionally, ed by striking ‘‘model years 1993–2004’’ and (3) NTIA.—The term ‘‘NTIA’’ means the within 90-days after the date of the enact- inserting ‘‘model years 1993–2008’’. National Telecommunications and Informa- ment of this subsection, the Administrator (B) Subsection (f) is amended by striking tion Administration of the Department of shall commence a review as to the appro- ‘‘Not later than December 31, 2001, the Sec- Commerce. priate emissions reductions credit that retary’’ and inserting ‘‘Not later than De- (4) TELECOMMUTING.—The term ‘‘telecom- should be allotted under the Clean Air Act cember 31, 2005, the Secretary’’. muting’’ means the performance of work for the use of advanced idle elimination sys- (C) Subsection (f)(1) is amended by striking functions using communications tech- tems, and whether such credits should be ‘‘model year 2004’’ and inserting ‘‘model year nologies, thereby eliminating or substan- subject to an emissions trading system, and 2008’’. shall revise Agency regulations and guidance tially reducing the need to commute to and (D) Subsection (g) is amended by striking as the Administrator deems appropriate. from traditional worksites. ‘‘Not later than September 30, 2000’’ and in- SEC. 163. STUDY OF BENEFITS AND FEASIBILITY TITLE II—AUTOMOBILE FUEL ECONOMY serting ‘‘Not later than September 30, 2004’’. OF OIL BYPASS FILTRATION TECH- SEC. 201. AVERAGE FUEL ECONOMY STANDARDS (2) MAXIMUM FUEL ECONOMY INCREASE.— NOLOGY. FOR NONPASSENGER AUTOMOBILES. Subsection (a)(1) of section 32906 of title 49, (a) STUDY.—The Secretary of Energy and Section 32902(a) of title 49, United States United States Code, is amended as follows: the Administrator of the Environmental Code, is amended— (A) Subparagraph (A) is amended by strik- Protection Agency shall jointly conduct a (1) by inserting ‘‘(1)’’ after ‘‘NONPASSENGER ing ‘‘the model years 1993–2004’’ and inserting study of oil bypass filtration technology in AUTOMOBILES.—’’; and ‘‘model years 1993–2008’’. motor vehicle engines. The study shall ana- (2) by adding at the end the following: (B) Subparagraph (B) is amended by strik- lyze and quantify the potential benefits of ‘‘(2) The Secretary shall prescribe under ing ‘‘the model years 2005–2008’’ and inserting such technology in terms of reduced demand paragraph (1) average fuel economy stand- ‘‘model years 2009–2012’’.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9892 CONGRESSIONAL RECORD — SENATE September 26, 2001 SEC. 204. FUEL ECONOMY OF THE FEDERAL ‘‘SEC. 313. CONSERVATION OF PETROLEUM- Federal law of establishing average fuel FLEET OF AUTOMOBILES. BASED FUELS BY THE FEDERAL economy standards for automobiles and re- Section 32917 of title 49, United States GOVERNMENT FOR LIGHT-DUTY quiring each automobile manufacturer to Code, is amended to read as follows: MOTOR VEHICLES. comply with average fuel economy standards ‘‘(a) PURPOSES.—The purposes of this sec- that apply to the automobiles it manufac- ‘‘§ 32917. Standards for executive agency tion are to complement and supplement the tures; automobiles requirements of section 303 of this Act that (2) examination of how automobile manu- ‘‘(a) BASELINE AVERAGE FUEL ECONOMY.— Federal fleets, as that term is defined in sec- facturers could contribute toward achieving The head of each executive agency shall de- tion 303(b)(3), acquire in the aggregate a min- the reduction referred to in subsection (a); termine, for all automobiles in the agency’s imum percentage of alternative fuel vehi- (3) examination of the potential of fuel cell fleet of automobiles that were leased or cles, to encourage the manufacture and sale bought as a new vehicle in fiscal year 1999, or lease of such vehicles nationwide, and to technology in motor vehicles in order to de- the average fuel economy for such auto- achieve, in the aggregate, a reduction in the termine the extent to which such technology mobiles. For the purposes of this section, the amount of the petroleum-based fuels (other may contribute to achieving the reduction average fuel economy so determined shall be than the alternative fuels defined in this referred to in subsection (a); and the baseline average fuel economy for the title) used by new light-duty motor vehicles (4) examination of the effects of the reduc- agency’s fleet of automobiles. acquired by the Federal Government in tion referred to in subsection (a) on— ‘‘(b) INCREASE OF AVERAGE FUEL ECON- model years 2004 through 2010 and thereafter. (A) gasoline supplies; OMY.—The head of an executive agency shall ‘‘(b) IMPLEMENTATION.—In furtherance of (B) the automobile industry, including manage the procurement of automobiles for such purposes, such Federal fleets in the ag- sales of automobiles manufactured in the that agency in such a manner that— gregate shall reduce the purchase of petro- United States; ‘‘(1) not later than September 30, 2003, the leum-based nonalternative fuels for such (C) motor vehicle safety; and average fuel economy of the new auto- fleets beginning October 1, 2003, through Sep- (D) air quality. mobiles in the agency’s fleet of automobiles tember 30, 2009, from the amount purchased (c) REPORT.—The Secretary shall require is not less than 1 mile per gallon higher than for such fleets over a comparable period the National Academy of Sciences to submit the baseline average fuel economy deter- since enactment of this Act, as determined to the Secretary and the Congress a report mined under subsection (a) for that fleet; and by the Secretary, through the annual pur- on the findings, conclusion, and rec- ‘‘(2) not later than September 30, 2005, the chase, in accordance with section 304, and ommendations of the study under this sec- tion by not later than 1 year after the date average fuel economy of the new auto- the use of alternative fuels for the light-duty of the enactment of this Act. mobiles in the agency’s fleet of automobiles motor vehicles of such Federal fleets, so as is not less than 3 miles per gallon higher to achieve levels which reflect total reliance TITLE III—NUCLEAR ENERGY than the baseline average fuel economy de- by such fleets on the consumptive use of al- SEC. 301. LICENSE PERIOD. termined under subsection (a) for that fleet. ternative fuels consistent with the provi- Section 103 c. of the Atomic Energy Act of ‘‘(c) CALCULATION OF AVERAGE FUEL ECON- sions of section 303(b) of this Act. The Sec- 1954 (42 U.S.C. 2133(c)) is amended— OMY.—Average fuel economy shall be cal- retary shall, within 120 days after the enact- (1) by striking ‘‘c. Each such’’ and insert- culated for the purposes of this section in ac- ment of this section, promulgate, in con- ing the following: cordance with guidance which the Secretary sultation with the Administrator of the Gen- ‘‘c. LICENSE PERIOD.— of Transportation shall prescribe for the im- eral Services Administration and the Direc- ‘‘(1) IN GENERAL.—Each such’’; and plementation of this section. tor of the Office of Management and Budget (2) by adding at the end the following: ‘‘(d) DEFINITIONS.—In this section: and such other heads of entities referenced ‘‘(2) COMBINED LICENSES.—In the case of a ‘‘(1) The term ‘automobile’ does not in- in section 303 within the executive branch as combined construction and operating license clude any vehicle designed for combat-re- such Director may designate, standards for issued under section 185 b., the initial dura- lated missions, law enforcement work, or the full and prompt implementation of this tion of the license may not exceed 40 years emergency rescue work. section by such entities. The Secretary shall from the date on which the Commission ‘‘(2) The term ‘executive agency’ has the monitor compliance with this section and finds, before operation of the facility, that meaning given that term in section 105 of such standards by all such fleets and shall the acceptance criteria required by section title 5. report annually to the Congress, based on re- 185 b. are met.’’. ‘‘(3) The term ‘new automobile’, with re- ports by the heads of such fleets, on the ex- SEC. 302. COST RECOVERY FROM GOVERNMENT spect to the fleet of automobiles of an execu- tent to which the requirements of this sec- AGENCIES. tive agency, means an automobile that is tion and such standards are being achieved. Section 161 w. of the Atomic Energy Act of leased for at least 60 consecutive days or The report shall include information on an- 1954 (42 U.S.C. 2201(w)) is amended— bought, by or for the agency, after Sep- nual reductions achieved of petroleum-based (1) by striking ‘‘for or is issued’’ and all tember 30, 1999.’’. fuels and the problems, if any, encountered that follows through ‘‘1702’’ and inserting in acquiring alternative fuels and in requir- ‘‘to the Commission for, or is issued by the SEC. 205. HYBRID VEHICLES AND ALTERNATIVE VEHICLES. ing their use.’’. Commission, a license or certificate’’; (2) By amending section 304(b) of such Act (2) by striking ‘‘483a’’ and inserting ‘‘9701’’; (a) IN GENERAL.—Section 303(b)(1) of the Energy Policy Act of 1992 is amended by add- to read as follows: and ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ing the following at the end: ‘‘Of the total (3) by striking ‘‘, of applicants for, or hold- There are authorized to be appropriated to number of vehicles acquired by a Federal ers of, such licenses or certificates’’. the Secretary or, as appropriate, the head of fleet in fiscal years 2004 and 2005, at least 5 SEC. 303. DEPLETED URANIUM HEXAFLUORIDE. each Federal fleet subject to the provisions percent of the vehicles in addition to those Section 1(b) of Public Law 105–204 is of this section and section 313 of this Act, amended by striking ‘‘fiscal year 2002’’ and covered by the preceding sentence shall be such sums as may be necessary to achieve alternative fueled vehicles or hybrid vehicles inserting ‘‘fiscal year 2005’’. the purposes of section 313(a) and the provi- SEC. 304. NUCLEAR REGULATORY COMMISSION and in fiscal year 2006 and thereafter at least sions of this section. Such sums shall remain 10 percent of the vehicles in addition to MEETINGS. available until expended.’’. If a quorum of the Nuclear Regulatory those covered by the preceding sentence (b) CLERICAL AMENDMENT.—The table of Commission gathers to discuss official Com- shall be alternative fueled vehicles or hybrid contents in section 1(b) of such Act is mission business the discussions shall be re- vehicles.’’. amended by adding at the end of the items corded, and the Commission shall notify the (b) DEFINITION.—Section 301 of such Act is relating to title III the following: public of such discussions within 15 days amended by striking ‘‘and’’ at the end of ‘‘Sec. 313. Conservation of petroleum-based after they occur. The Commission shall paragraph (13), by striking the period at the fuels by the Federal Govern- promptly make a transcript of the recording end of paragraph (14) and inserting ‘‘; and’’ ment for light-duty motor vehi- available to the public on request, except to and by adding at the end the following: cles.’’. the extent that public disclosure is exempted ‘‘(15) The term ‘hybrid vehicle’ means a SEC. 207. STUDY OF FEASIBILITY AND EFFECTS or prohibited by law. This section shall not motor vehicle which draws propulsion energy OF REDUCING USE OF FUEL FOR apply to a meeting, within the meaning of from onboard sources of stored energy which AUTOMOBILES. that term under section 552b(a)(2) of title 5, are both— (a) IN GENERAL.—Not later than 30 days United States Code. ‘‘(A) an internal combustion or heat engine after the date of the enactment of this Act, SEC. 305. COOPERATIVE RESEARCH AND DEVEL- using combustible fuel; and the Secretary of Transportation shall enter OPMENT AND SPECIAL DEMONSTRA- ‘‘(B) a rechargeable energy storage sys- into an arrangement with the National TION PROJECTS FOR THE URANIUM tem.’’. Academy of Sciences under which the Acad- MINING INDUSTRY. SEC. 206. FEDERAL FLEET PETROLEUM-BASED emy shall study the feasibility and effects of (a) AUTHORIZATION OF APPROPRIATIONS.— NONALTERNATIVE FUELS. reducing by model year 2010, by a significant There are authorized to be appropriated to (a) IN GENERAL.—Title III of the Energy percentage, the use of fuel for automobiles. the Secretary $10,000,000 for each of fiscal Policy Act of 1992 (42 U.S.C. 13212 et seq.) is (b) SUBJECTS OF STUDY.—The study under years 2002, 2003, and 2004 for— amended as follows: this section shall include— (1) cooperative, cost-shared, agreements (1) By adding at the end thereof the fol- (1) examination of, and recommendation of between the Department of Energy and do- lowing: alternatives to, the policy under current mestic uranium producers to identify, test,

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9893 and develop improved in situ leaching min- result of locating nuclear power plants lo- shall, by rule, establish a process to expedi- ing technologies, including low-cost environ- cated on Federal sites; and tiously resolve conflicts arising under this mental restoration technologies that may be (6) any other factors that the Secretary be- subsection.’’. applied to sites after completion of in situ lieves would be relevant in making the de- (b) ALTERNATIVE FISHWAYS.—Section 18 of leaching operations; and termination. the Federal Power Act (16 U.S.C. 811) is (2) funding for competitively selected dem- (b) REPORT.—Not later than 90 days after amended by— onstration projects with domestic uranium the date of the enactment of this Act, the (1) inserting ‘‘(a)’’ before the first sentence; producers relating to— Secretary shall submit to Congress a report and (A) enhanced production with minimal en- describing the results of the study under sub- (2) adding at the end the following: vironmental impacts; section (a). ‘‘(b)(1) Whenever the Commission shall re- (B) restoration of well fields; and SEC. 309. PROHIBITION OF COMMERCIAL SALES quire a licensee to construct, maintain, or (C) decommissioning and decontamination OF URANIUM BY THE UNITED operate a fishway prescribed by the Sec- activities. STATES UNTIL 2009. retary of the Interior or the Secretary of Section 3112 of the USEC Privatization Act (b) DOMESTIC URANIUM PRODUCER.—For Commerce under this section, the licensee or (42 U.S.C. 2297h–10) is amended by adding at purposes of this section, the term ‘‘domestic any other party to the proceeding may pro- the end the following new subsection: uranium producer’’ has the meaning given pose an alternative to such prescription to that term in section 1018(4) of the Energy ‘‘(g) PROHIBITION ON SALES.—With the ex- ception of sales pursuant to subsection (b)(2) construct, maintain, or operate a fishway. Policy Act of 1992 (42 U.S.C. 2296b–7(4)), ex- ‘‘(2) Notwithstanding subsection (a), the cept that the term shall not include any pro- (42 U.S.C.2297h-10(b)(2)), notwithstanding any other provision of law, the United States Secretary of the Interior or the Secretary of ducer that has not produced uranium from Commerce, as appropriate, shall accept and domestic reserves on or after July 30, 1998. Government shall not sell or transfer any uranium (including natural uranium con- prescribe, and the Commission shall require, SEC. 306. MAINTENANCE OF A VIABLE DOMESTIC centrates, natural uranium hexafluoride, en- the proposed alternative referred to in para- URANIUM CONVERSION INDUSTRY. graph (1), if the Secretary of the appropriate There are authorized to be appropriated to riched uranium, depleted uranium, or ura- department determines, based on substantial the Secretary $800,000 for contracting with nium in any other form) through March 23, evidence provided by the party proposing the Nation’s sole remaining uranium con- 2009 (except sales or transfers for use by the such alternative, that the alternative— verter for the purpose of performing research Tennessee Valley Authority in relation to ‘‘(A) will be no less effective than the and development to improve the environ- the Department of Energy’s HEU or Tritium fishway initially prescribed by the Sec- mental and economic performance of United programs, or the Department or Energy re- retary, and States uranium conversion operations. search reactor sales program, or any de- pleted uranium hexaflouride to be trans- ‘‘(B) will either— SEC. 307. PADUCAH DECONTAMINATION AND DE- ‘‘(i) cost less to implement, or COMMISSIONING PLAN. ferred to a designated Department of Energy The Secretary of Energy shall prepare and contractor in conjunction with the planned ‘‘(ii) result in improved operation of the submit a plan to Congress within 180 days construction of the Depleted Uranium project works for electricity production, after the date of the enactment of this Act Hexaflouride conversion plants in Ports- as compared to the fishway initially pre- that establishes scope, cost, schedule, se- mouth, Ohio, and Paducah, Kentucky, to any scribed by the Secretary. quence of activities, and contracting strat- natural uranium transferred to the U.S. En- ‘‘(3) Within 1 year after the enactment of egy for— richment Corporation from the Department this subsection, the Secretary of the Interior (1) the decontamination and decommis- of Energy to replace contaminated uranium and the Secretary of Commerce shall each, sioning of the Department of Energy’s sur- received from the Department of Energy by rule, establish a process to expeditiously plus buildings and facilities at the Paducah when the U.S. Enrichment Corporation was resolve conflicts arising under this sub- Gaseous Diffusion Plant that have no future privatized in July, 1998, or for emergency section.’’. anticipated reuse; and purposes in the event of a disruption in sup- SEC. 402. FERC DATA ON HYDROELECTRIC LI- (2) the remediation of Department of En- ply to end users in the United States). The CENSING. ergy Material Storage Areas at the Paducah aggregate of sales or transfers of uranium by (a) DATA COLLECTION PROCEDURES.—The Gaseous Diffusion Plant. the United States Government after March Federal Energy Regulatory Commission Such plan shall inventory all surplus facili- 23, 2009, shall not exceed 3,000,000 pounds shall revise its procedures regarding the col- ties and buildings, and identify and rank U3O8 per calendar year.’’. lection of data in connection with the Com- health and safety risks associated with such TITLE IV—HYDROELECTRIC ENERGY mission’s consideration of hydroelectric li- facilities and buildings. Such plan shall in- SEC. 401. ALTERNATIVE CONDITIONS AND censes under the Federal Power Act. Such ventory all Department of Energy Material FISHWAYS. revised data collection procedures shall be Storage Areas, and identify and rank health (a) ALTERNATIVE MANDATORY CONDITIONS.— designed to provide the Commission with and safety risks associated with such De- Section 4 of the Federal Power Act (16 U.S.C. complete and accurate information con- partment of Energy Material Storage Areas. 797) is amended by adding at the end the fol- cerning the time and costs to parties in- The Department of Energy shall incorporate lowing: volved in the licensing process. Such data these risk factors in designing the sequence ‘‘(h)(1) Whenever any person applies for a shall be available for each significant stage and schedule for the plan. Such plan shall license for any project works within any res- in the licensing process and shall be designed identify funding requirements that are in ad- ervation of the United States, and the Sec- to identify projects with similar characteris- dition to the expected outlays included in retary of the department under whose super- tics so that analyses can be made of the time the Department of Energy’s Environmental vision such reservation falls deems a condi- and costs involved in licensing proceedings Management Plan for the Paducah Gaseous tion to such license to be necessary under based upon the different characteristics of Diffusion Plan. the first proviso of subsection (e), the license those proceedings. SEC. 308. STUDY TO DETERMINE FEASIBILITY OF applicant or any other party to the licensing (b) REPORTS.—Within 6 months after the DEVELOPING COMMERCIAL NU- proceeding may propose an alternative con- date of the enactment of this Act, the Com- CLEAR ENERGY PRODUCTION FA- dition. mission shall notify the Committee on En- CILITIES AT EXISTING DEPARTMENT ‘‘(2) Notwithstanding the first proviso of ergy and Commerce of the United States OF ENERGY SITES. subsection (e), the Secretary of the depart- House of Representatives and the Committee (a) IN GENERAL.—The Secretary of Energy ment under whose supervision the reserva- on Energy and Natural Resources of the shall conduct a study to determine the feasi- tion falls shall accept the proposed alter- United States Senate of the progress made bility of developing commercial nuclear en- native condition referred to in paragraph (1), by the Commission under subsection (a), and ergy production facilities at Department of and the Commission shall include in the li- within 1 year after such date of the enact- Energy sites in existence on the date of the cense such alternative condition, if the Sec- ment, the Commission shall submit a report enactment of this Act, including— retary of the appropriate department deter- to such Committees specifying the measures (1) options for how and where nuclear mines, based on substantial evidence pro- taken by the Commission pursuant to sub- power plants can be developed on existing vided by the party proposing such alter- section (a). Department of Energy sites; native condition, that the alternative condi- (2) estimates on cost savings to the Federal tion— TITLE V—FUELS Government that may be realized by locat- ‘‘(A) provides no less protection for the res- SEC. 501. TANK DRAINING DURING TRANSITION ing new nuclear power plants on Federal ervation than provided by the condition TO SUMMERTIME RFG. sites; deemed necessary by the Secretary; and Not later than 60 days after the enactment (3) the feasibility of incorporating new ‘‘(B) will either— of the Act, the Administrator of the Envi- technology into nuclear power plants located ‘‘(i) cost less to implement, or ronmental Protection Agency shall com- on Federal sites; ‘‘(ii) result in improved operation of the mence a rulemaking to determine whether (4) potential improvements in the licensing project works for electricity production, modifications to the regulations set forth in and safety oversight procedures of nuclear as compared to the condition deemed nec- 40 CFR Section 80.78 and any associated reg- power plants located on Federal sites; essary by the Secretary. ulations regarding the transition to high (5) an assessment of the effects of nuclear ‘‘(3) Within 1 year after the enactment of ozone season reformulated gasoline are nec- waste management policies and projects as a this subsection, each Secretary concerned essary to ensure that the transition to high

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9894 CONGRESSIONAL RECORD — SENATE September 26, 2001 ozone season reformulated gasoline is con- conventional gasoline may achieve in future 1381(a)(2)(C) of the Internal Revenue Code of ducted in a manner that minimizes disrup- years the same or similar air quality results 1986, a public utility described in section 115 tions to the general availability and afford- as State reformulated gasoline programs and of such Code, a State, Commonwealth, terri- ability of gasoline, and maximizes flexibility State programs regarding gasoline volatility tory, or possession of the United States or with regard to the draining and inventory (RVP); and the District of Columbia, or a political sub- management of gasoline storage tanks lo- (8) the feasibility of providing incentives division thereof, or an Indian tribal govern- cated at refineries, terminals, wholesale and to promote cleaner burning fuel. ment or subdivision thereof,’’; and retail outlets, consistent with the goals of (b) REPORT.—By December 31, 2001, the Ad- (B) By inserting ‘‘landfill gas,’’ after the Clean Air Act. The Administrator shall ministrator of the Environmental Protection ‘‘wind, biomass,’’. propose and take final action in such rule- Agency and the Secretary of Energy shall (3) In subsection (c) by striking ‘‘during making to ensure that any modifications are submit a report to the Congress containing the 10-fiscal year period beginning with the effective and implemented at least 60 days the results of the study conducted under sub- first full fiscal year occurring after the en- prior to the beginning of the high ozone sea- section (a). Such report shall contain rec- actment of this section’’ and inserting ‘‘be- son for the year 2002. ommendations for legislative and adminis- fore October 1, 2013’’. SEC. 502. GASOLINE BLENDSTOCK REQUIRE- trative actions that may be taken to sim- (4) In subsection (d) by inserting ‘‘or in MENTS. plify the national distribution system for which the Secretary finds that all necessary Not later than 60 days after the enactment motor vehicle fuel, make such system more Federal and State authorizations have been of this Act, the Administrator of the Envi- cost-effective, and reduce the costs and in- obtained to begin construction of the facil- ronmental Protection Agency shall com- crease the availability of motor vehicle fuel ity’’ after ‘‘eligible for such payments’’. mence a rulemaking to determine whether to the end user while meeting the require- (5) In subsection (e)(1) by inserting ‘‘land- modifications to product transfer docu- ments of the Clean Air Act. Such rec- fill gas,’’ after ‘‘wind, biomass,’’. mentation, accounting, compliance calcula- ommendations shall take into account the (6) In subsection (f) by striking ‘‘the expi- tion, and other requirements contained in need to provide lead time for refinery and ration of’’ and all that follows through ‘‘of the regulations of the Administrator set fuel distribution system modifications nec- this section’’ and inserting ‘‘September 30, forth in section 80.102 of title 40 of the Code essary to assure adequate fuel supply for all 2023’’. of Federal Regulations relating to gasoline States. (7) In subsection (g)— blendstocks are necessary to facilitate the SEC. 504. FUNDING FOR MTBE CONTAMINATION. (A) by striking ‘‘1993, 1994, and 1995’’ and movement of gasoline and gasoline feed- Notwithstanding any other provision of inserting ‘‘2003 through 2023’’; and stocks among different regions throughout law, there is authorized to be appropriated to (B) by inserting ‘‘Funds may be appro- the country and to improve the ability of pe- the Administrator of the Environmental priated pursuant to this subsection to re- troleum refiners and importers to respond to Protection Agency from the Leaking Under- main available until expended.’’ after ‘‘pur- regional gasoline shortages and prevent un- ground Storage Trust Fund not more than poses of this section.’’. reasonable short-term price increases. The $200,000,000 to be used for taking such action, SEC. 603. STUDY OF ETHANOL FROM SOLID Administrator shall take into consideration limited to assessment, corrective action, in- WASTE LOAN GUARANTEE PRO- the extent to which such requirements have spection of underground storage tank sys- GRAM. been, or will be, rendered unnecessary or in- tems, and groundwater monitoring in con- The Secretary of Energy shall conduct a efficient by reason of subsequent environ- nection with MTBE contamination, as the study of the feasibility of providing guaran- mental safeguards that were not in effect at Administrator deems necessary to protect tees for loans by private banking and invest- the time the regulations in section 80.102 of human health and the environment from re- ment institutions for facilities for the proc- title 40 of the Code of Federal Regulations leases of methyl tertiary butyl ether (MTBE) essing and conversion of municipal solid were promulgated. The Administrator shall from underground storage tanks. waste and sewage sludge into fuel ethanol and other commercial byproducts, and not propose and take final action in such rule- TITLE VI—RENEWABLE ENERGY making to ensure that any modifications are later than 90 days after the date of the enact- SEC. 601. ASSESSMENT OF RENEWABLE ENERGY ment of this Act shall transmit to the Con- effective and implemented at least 60 days RESOURCES. gress a report on the results of the study. prior to the beginning of the high ozone sea- (a) RESOURCE ASSESSMENT.—Not later than son for the year 2002. SEC. 604. STUDY OF RENEWABLE FUEL CONTENT. 1 year after the date of the enactment of this (a) STUDY.—The Administrator of the Envi- SEC. 503. BOUTIQUE FUELS. Act, and each year thereafter, the Secretary ronmental Protection Agency and the Sec- (a) JOINT STUDY.—The Administrator of of Energy shall publish an assessment by the retary of Energy shall jointly conduct a the Environmental Protection Agency and National Laboratories of all renewable en- study of the feasibility of developing a re- the Secretary of Energy shall jointly con- ergy resources available within the United quirement that motor vehicle fuel sold or in- duct a study of all Federal, State, and local States. troduced into commerce in the United States requirements regarding motor vehicle fuels, (b) CONTENTS OF REPORT.—The report pub- in calendar year 2002 or any calendar year including requirements relating to reformu- lished under subsection (a) shall contain thereafter by a refiner, blender, or importer lated gasoline, volatility (Reid Vapor Pres- each of the following: shall, on a 6-month average basis, be com- sure), oxygenated fuel, diesel fuel and other (1) A detailed inventory describing the prised of a quantity of renewable fuel, meas- requirements that vary from State to State, available amount and characteristics of ured in gasoline-equivalent gallons. As part region to region, or locality to locality. The solar, wind, biomass, geothermal, hydro- of this study, the Administrator and Sec- study shall analyze— electric and other renewable energy sources. retary shall evaluate the use of a banking (1) the effect of the variety of such require- (2) Such other information as the Sec- and trading credit system and the feasibility ments on the price of motor vehicle fuels to retary of Energy believes would be useful in and desirability of requiring an increasing the consumer; developing such renewable energy resources, percentage of renewable fuel to be phased in (2) the availability and affordability of including descriptions of surrounding ter- over a 15-year period. motor vehicle fuels in different States and rain, population and load centers, nearby en- (b) REPORT TO CONGRESS.—Not later than 6 localities; ergy infrastructure, location of energy and months after the date of the enactment of (3) the effect of Federal, State, and local water resources, and available estimates of this Act, the Administrator and the Sec- regulations, including multiple fuel require- the costs needed to develop each resource. retary shall transmit to the Congress a re- ments, on domestic refineries and the fuel SEC. 602. RENEWABLE ENERGY PRODUCTION IN- port on the results of the study conducted distribution system; CENTIVE. under this section. (4) the effect of such requirements on local, Section 1212 of the Energy Policy Act of TITLE VII—PIPELINES regional, and national air quality require- 1992 (42 U.S.C. 13317) is amended as follows: SEC. 701. PROHIBITION ON CERTAIN PIPELINE ments and goals; (1) In subsection (a) by striking ‘‘and which ROUTE. (5) the effect of such requirements on vehi- satisfies’’ and all that follows through ‘‘Sec- No license, permit, lease, right-of-way, au- cle emissions; retary shall establish.’’ and inserting ‘‘. The thorization or other approval required under (6) the feasibility of developing national or Secretary shall establish other procedures Federal law for the construction of any pipe- regional fuel specifications for the contig- necessary for efficient administration of the line to transport natural gas from lands uous United States that would— program. The Secretary shall not establish within the Prudhoe Bay oil and gas lease (A) enhance flexibility in the fuel distribu- any criteria or procedures that have the ef- area may be granted for any pipeline that tion infrastructure and improve fuel fect of assigning to proposals a higher or follows a route that traverses— fungibility; lower priority for eligibility or allocation of (1) the submerged lands (as defined by the (B) reduce price volatility and costs to con- appropriated funds on the basis of the energy Submerged Lands Act) beneath, or the adja- sumers and producers; source proposed.’’. cent shoreline of, the Beaufort Sea; and (C) meet local, regional, and national air (2) In subsection (b)— (2) enters Canada at any point north of 68 quality requirements and goals; and (A) by striking ‘‘a State or any political’’ degrees North latitude. (D) provide increased gasoline market li- and all that follows through ‘‘nonprofit elec- SEC. 702. HISTORIC PIPELINES. quidity; trical cooperative’’ and inserting ‘‘an elec- Section 7 of the Natural Gas Act (15 U.S.C. (7) the extent to which the Environmental tricity-generating cooperative exempt from 717(f)) is amended by adding at the end the Protection Agency’s Tier II requirements for taxation under section 501(c)(12) or section following new subsection:

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9895 ‘‘(i) Notwithstanding the National Historic tion Agency shall jointly commence a study curity by reducing dependence on imported Preservation Act, a transportation facility within 60 days after the enactment of this energy; shall not be eligible for inclusion on the Na- Act to investigate the impact of aircraft (2) meet future needs for energy services at tional Register of Historic Places unless— emissions on air quality in areas that are the lowest total cost to the Nation, includ- ‘‘(1) the Commission has permitted the considered to be in nonattainment for the ing environmental costs, giving balanced and abandonment of the transportation facility national ambient air quality standard for comprehensive consideration to technologies pursuant to subsection (b) of this section, or ozone. As part of this study, the Secretary that improve the efficiency of energy end ‘‘(2) the owner of the facility has given and the Administrator shall focus on the im- uses and that enhance energy supply; written consent to such eligibility. pact of emissions by aircraft idling at air- (3) reduce the air, water, and other envi- Any transportation facility deemed eligible ports and on the contribution of such emis- ronmental impacts (including emissions of for inclusion on the National Register of His- sions as a percentage of total emissions in greenhouse gases) of energy production, dis- toric Places prior to the date of the enact- the nonattainment area. Within 180 days of tribution, transportation, and use through ment of this subsection shall no longer be el- the commencement of the study, the Sec- the development of environmentally sustain- igible unless the owner of the facility gives retary and the Administrator shall submit a able energy systems; written consent to such eligibility.’’. report to the Committees on Energy and (4) consider the comparative environ- Commerce and Transportation and Infra- TITLE VIII—MISCELLANEOUS PROVISIONS mental impacts of the energy saved or pro- structure of the United States House of Rep- duced by specific programs, projects, or ac- SEC. 801. WASTE REDUCTION AND USE OF ALTER- resentatives and to the Committees on Envi- tivities; NATIVES. ronment and Public Works and Commerce, (5) maintain the technological competi- (a) GRANT AUTHORITY.—The Secretary of Science, and Transportation of the United Energy is authorized to make a single grant tiveness of the United States and stimulate States Senate containing the results of the economic growth through the development to a qualified institution to examine and de- study and recommendations with respect to velop the feasibility of burning post-con- of advanced energy systems and tech- a plan to maintain comprehensive data on nologies; sumer carpet in cement kilns as an alter- aircraft emissions and methods by which native energy source. The purposes of the (6) foster international cooperation by de- such emissions may be reduced, without in- veloping international markets for domesti- grant shall include determining— creasing individual aircraft noise, in order to (1) how post-consumer carpet can be cally produced sustainable energy tech- assist in the attainment of the national am- nologies, and by transferring environ- burned without disrupting kiln operations; bient air quality standards. (2) the extent to which overall kiln emis- mentally sound, advanced energy systems sions may be reduced; and DIVISION B and technologies to developing countries to (3) how this process provides benefits to SEC. 2001. SHORT TITLE. promote sustainable development; both cement kiln operations and carpet sup- This division may be cited as the ‘‘Com- (7) provide sufficient funding of programs, pliers. prehensive Energy Research and Technology projects, and activities that are perform- (b) QUALIFIED INSTITUTION.—For the pur- Act of 2001’’. ance-based and modeled as public-private poses of subsection (a), a qualified institu- SEC. 2002. FINDINGS. partnerships, as appropriate; and tion is a research-intensive institution of The Congress finds that— (8) enhance the contribution of a given pro- higher learning with demonstrated expertise (1) the Nation’s prosperity and way of life gram, project, or activity to fundamental in the fields of fiber recycling and logistical are sustained by energy use; scientific knowledge. modeling of carpet waste collection and (2) the growing imbalance between domes- SEC. 2004. GOALS. preparation. tic energy production and consumption (c) AUTHORIZATION OF APPROPRIATIONS.— means that the Nation is becoming increas- (a) IN GENERAL.—Subject to subsection (b), There are authorized to be appropriated to ingly reliant on imported energy, which has in order to achieve the purposes of this divi- the Secretary of Energy for carrying out this the potential to undermine the Nation’s sion under section 2003, the Secretary should section $275,000 for fiscal year 2002, to remain economy, standard of living, and national se- conduct a balanced energy research, develop- available until expended. curity; ment, demonstration, and commercial appli- SEC. 802. ANNUAL REPORT ON UNITED STATES (3) energy conservation and energy effi- cation portfolio of programs guided by the ENERGY INDEPENDENCE. ciency help maximize the use of available en- following goals to meet the purposes of this (a) REPORT.—The Secretary of Energy, in ergy resources, reduce energy shortages, division under section 2003. consultation with the heads of other rel- lower the Nation’s reliance on energy im- (1) ENERGY CONSERVATION AND ENERGY EFFI- evant Federal agencies, shall include in each ports, mitigate the impacts of high energy CIENCY.— report under section 801(c) of the Depart- prices, and help protect the environment and (A) For the Building Technology, State ment of Energy Organization Act a section public health; and Community Sector, the program should which evaluates the progress the United (4) development of a balanced portfolio of develop technologies, housing components, States has made toward obtaining the goal domestic energy supplies will ensure that fu- designs, and production methods that will, of not more than 50 percent dependence on ture generations of Americans will have ac- by 2010— foreign oil sources by 2010. cess to the energy they need; (i) reduce the monthly energy cost of new (b) ALTERNATIVES.—The information re- (5) energy efficiency technologies, renew- housing by 20 percent, compared to the cost quired under this section to be included in able and alternative energy technologies, as of the date of the enactment of this Act; the reports under section 801(c) of the De- and advanced energy systems technologies (ii) cut the environmental impact and en- partment of Energy Organization Act shall will help diversify the Nation’s energy port- ergy use of new housing by 50 percent, com- include a specification of what legislative or folio with few adverse environmental im- pared to the impact and use as of the date of administrative actions must be implemented pacts and are vital to delivering clean energy the enactment of this Act; and to meet this goal and set forth a range of op- to fuel the Nation’s economic growth; (iii) improve durability and reduce mainte- tions and alternatives with a cost/benefit (6) development of reliable, affordable, and nance costs by 50 percent compared to the analysis for each option or alternative to- environmentally sound energy efficiency durability and costs as of the date of the en- gether with an estimate of the contribution technologies, renewable and alternative en- actment of this Act. each option or alternative could make to re- ergy technologies, and advanced energy sys- (B) For the Industry Sector, the program duce foreign oil imports. The Secretary shall tems technologies will require maintenance should, in cooperation with the affected in- solicit information from the public and re- of a vibrant fundamental scientific knowl- dustries, improve the energy intensity of the quest information from the Energy Informa- edge base and continued scientific and tech- major energy-consuming industries by at tion Agency and other agencies to develop nological innovations that can be acceler- least 25 percent by 2010, compared to the en- the information required under this section. ated by Federal funding, whereas commer- ergy intensity as of the date of the enact- The information shall indicate, in detail, op- cial deployment of such systems and tech- ment of this Act. tions and alternatives to— nologies are the responsibility of the private (C) For Power Technologies, the program (1) increase the use of renewable domestic sector; should, in cooperation with the affected in- energy sources, including conventional and (7) Federal funding should focus on those dustries— nonconventional sources; programs, projects, and activities that are (i) develop a microturbine (40 to 300 kilo- (2) conserve energy resources, including long-term, high-risk, noncommercial, and watt) that is more than 40 percent more effi- improving efficiencies and decreasing con- well-managed, and that provide the potential cient by 2006, and more than 50 percent more sumption; and for scientific and technological advances; efficient by 2010, compared to the efficiency (3) increase domestic production and use of and as of the date of the enactment of this Act; oil, natural gas, nuclear, and coal, including (8) public-private partnerships should be and any actions necessary to provide access to, encouraged to leverage scarce taxpayer dol- (ii) develop advanced materials for com- and transportation of, these energy re- lars. bustion systems that reduce emissions of ni- sources. SEC. 2003. PURPOSES. trogen oxides by 30 to 50 percent while in- SEC. 803. STUDY OF AIRCRAFT EMISSIONS. The purposes of this division are to— creasing efficiency 5 to 10 percent by 2007, The Secretary of Transportation and the (1) protect and strengthen the Nation’s compared to such emissions as of the date of Administrator of the Environmental Protec- economy, standard of living, and national se- the enactment of this Act.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9896 CONGRESSIONAL RECORD — SENATE September 26, 2001 (D) For the Transportation Sector, the pro- ment, and demonstration that will, by 2005, advanced-combustion systems, advanced gram should, in cooperation with affected in- increase the efficiency of thin film modules fuels and chemicals, advanced modeling and dustries— from the current 7 percent to 11 percent in systems analysis, materials and heat ex- (i) develop a production prototype pas- multi-million watt production; reduce the changers, environmental control tech- senger automobile that has fuel economy direct manufacturing cost of photovoltaic nologies, gas-stream purification, gas-sepa- equivalent to 80 miles per gallon of gasoline modules by 30 percent from the current $2.50 ration technology, and sequestration re- by 2004; per watt to $1.75 per watt by 2005; and estab- search and development focused on cost-ef- (ii) develop class 7 and 8 heavy duty trucks lish greater than a 20-year lifetime of photo- fective novel concepts for capturing, reusing and buses with ultra low emissions and the voltaic systems by improving the reliability or storing, or otherwise mitigating carbon ability to use an alternative fuel that has an and lifetime of balance-of-system compo- and other greenhouse gas emissions. average fuel economy equivalent to— nents and reducing recurring cost by 40 per- (B) For offshore oil and natural gas re- (I) 10 miles per gallon of gasoline by 2007; cent. The program’s top priority should be sources, the program should investigate and and the development of sound manufacturing develop technologies to— (II) 13 miles per gallon of gasoline by 2010; technologies for thin-film modules, and the (i) extract methane hydrates in coastal (iii) develop a production prototype of a program should make a concerted effort to waters of the United States, in accordance passenger automobile with zero equivalent integrate fundamental research and basic en- with the provisions of the Methane Hydrate emissions that has an average fuel economy gineering research. Research and Development Act of 2000; and of 100 miles per gallon of gasoline by 2010; (G) For Solar Building Technology Re- (ii) develop natural gas and oil reserves in and search, the program should complete re- the ultra-deepwater of the Central and West- (iv) improve, by 2010, the average fuel econ- search and development on new polymers ern Gulf of Mexico. Research and develop- omy of trucks— and manufacturing processes to reduce the ment on ultra-deepwater resource recovery (I) in classes 1 and 2 by 300 percent; and cost of solar water heating by 50 percent by shall focus on improving the safety and effi- (II) in classes 3 through 6 by 200 percent, 2004, compared to the cost as of the date of ciency of such recovery and of sub-sea pro- compared to the fuel economy as of the date the enactment of this Act. duction technology used for such recovery, of the enactment of this Act. (H) For Wind Energy Systems, the program while lowering costs. (2) RENEWABLE ENERGY.— should reduce the cost of wind energy to (C) For transportation fuels, the program (A) For Hydrogen Research, to carry out three cents per kilowatt-hour at Class 6 (15 should support a comprehensive transpor- the Spark M. Matsunaga Hydrogen Research, miles-per-hour annual average) wind sites by tation fuels strategy to increase the price Development, and Demonstration Act of 2004, and 4 cents per kilowatt-hour in Class 4 elasticity of oil supply and demand by focus- 1990, as amended by subtitle A of title II of (13 miles-per-hour annual average) wind sites ing research on reducing the cost of pro- this division. by 2015, and further if required so that wind ducing transportation fuels from natural gas (B) For bioenergy: power can be widely competitive with fossil- and indirect liquefaction of coal. (i) The program should reduce the cost of fuel-based electricity in a restructured elec- (5) SCIENCE.—The Secretary, through the bioenergy relative to other energy sources to tric industry. Program research on advanced Office of Science, should— enable the United States to triple bioenergy wind turbine technology should focus on tur- (A) develop and maintain a robust portfolio use by 2010. bulent flow studies, durable materials to ex- of fundamental scientific and energy re- (ii) For biopower systems, the program tend turbine life, blade efficiency, and higher search, including High Energy and Nuclear should reduce the cost of such systems to en- efficiency operation in low quality wind re- Physics, Biological and Environmental Re- able commercialization of integrated power- gimes. search, Basic Energy Sciences (including Ma- generating technologies that employ gas tur- (I) For Electric Energy Systems and Stor- terials Sciences, Chemical Sciences, Engi- bines and fuel cells integrated with bio- age, including High Temperature Super- neering and Geosciences, and Energy Bio- energy gasifiers within 5 years after the date conducting Research and Development, En- sciences), Advanced Scientific Computing, of the enactment of this Act. ergy Storage Systems, and Transmission Re- Energy Research and Analysis, Multipro- (iii) For biofuels, the program should ac- liability, the program should develop high gram Energy Laboratories-Facilities Sup- celerate research, development, and dem- capacity superconducting transmission lines port, Fusion Energy Sciences, and Facilities onstration on advanced enzymatic hydrol- and generators, highly reliable energy stor- ysis technology for making ethanol from cel- age systems, and distributed generating sys- and Infrastructure; lulosic feedstock, with the goal that between tems to accommodate multiple types of en- (B) maintain, upgrade, and expand, as ap- 2010 and 2015 ethanol produced from energy ergy sources under common interconnect propriate, and in accordance with the provi- crops would be fully competitive in terms of standards. sions of this division, the scientific user fa- price with gasoline as a neat fuel, in either (J) For the International Renewable En- cilities maintained by the Office of Science, internal combustion engines or fuel cell ve- ergy and Renewable Energy Production In- and ensure that they are an integral part of hicles. centive programs, and Renewable Program the Department’s mission for exploring the (C) For Geothermal Technology Develop- Support, the program should encourage the frontiers of fundamental energy sciences; ment, the program should focus on advanced commercial application of renewable energy and concepts for the long term. The first priority technologies by developed and developing (C) ensure that its fundamental energy should be high-grade enhanced geothermal countries, State and local governmental en- sciences programs, where appropriate, help systems; the second priority should be lower tities and nonprofit electric cooperatives, inform the applied research and development grade, hot dry rock, and geopressured sys- and by the competitive domestic market. programs of the Department. EVIEW AND SSESSMENT tems; and the third priority should be sup- (3) NUCLEAR ENERGY.— (b) R A .—The Sec- port of field demonstrations of enhanced geo- (A) For university nuclear science and en- retary shall perform an assessment that es- thermal systems technology, including sites gineering, the program should carry out the tablishes measurable cost and performance- in lower grade areas to demonstrate the ben- provisions of subtitle A of title III of this di- based goals, or that modifies the goals under subsection (a), as appropriate, for 2005, 2010, efits of reservoir concepts to different condi- vision. 2015, and 2020 for each of the programs au- tions. (B) For fuel cycle research, development, thorized by this division that would enable (D) For Hydropower, the program should and demonstration, the program should each such program to meet the purposes of provide a new generation of turbine tech- carry out the provisions of subtitle B of title this division under section 2003. Such assess- nologies that will increase generating capac- III of this division. ment shall be based on the latest scientific ity and will be less damaging to fish and (C) For the Nuclear Energy Research Ini- and technical knowledge, and shall also take aquatic ecosystems. tiative, the program should accomplish the into consideration, as appropriate, the com- (E) For Concentrating Solar Power, the objectives of section 2341(b) of this Act. parative environmental impacts (including program should strengthen ongoing research, (D) For the Nuclear Energy Plant Optimi- emissions of greenhouse gases) of the energy development, and demonstration combining zation Program, the program should accom- saved or produced by specific programs. high-efficiency and high-temperature receiv- plish the objectives of section 2342(b) of this (c) CONSULTATION.—In establishing the ers with advanced thermal storage and power Act. measurable cost and performance-based cycles, with the goal of making solar-only (E) For Nuclear Energy Technologies, the goals under subsection (b), the Secretary power (including baseload solar power) wide- program should carry out the provisions of shall consult with the private sector, institu- ly competitive with fossil fuel power by 2015. section 2343 of this Act. tions of higher learning, national labora- The program should limit or halt its re- (F) For Advanced Radioisotope Power Sys- tories, environmental organizations, profes- search and development on power-tower and tems, the program should ensure that the sional and technical societies, and any other power-trough technologies because further United States has adequate capability to persons as the Secretary considers appro- refinements to these concepts will not fur- power future satellite and space missions. priate. ther their deployment, and should assess the (4) FOSSIL ENERGY.— (d) SCHEDULE.—The Secretary shall— market prospects for solar dish/engine tech- (A) For core fossil energy research and de- (1) issue and publish in the Federal Reg- nologies to determine whether continued re- velopment, the program should achieve the ister a set of draft measurable cost and per- search and development is warranted. goals outlined by the Department’s Vision 21 formance-based goals for the programs au- (F) For Photovoltaic Energy Systems, the Program. This research should address fuel- thorized by this division for public com- program should pursue research, develop- flexible gasification and turbines, fuel cells, ment—

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9897 (A) in the case of a program established be- (i) in whole or in part by electricity, in- submitted by the head of a State or local fore the date of the enactment of this Act, cluding electricity supplied by a fuel cell; government or a metropolitan transpor- not later than 120 days after the date of the (ii) by liquefied natural gas; tation authority, or any combination there- enactment of this Act; and (iii) by compressed natural gas; of, and shall include— (B) in the case of a program not estab- (iv) by liquefied petroleum gas; (A) at least one project to enable pas- lished before the date of the enactment of (v) by hydrogen; sengers or goods to be transferred directly this Act, not later than 120 days after the (vi) by methanol or ethanol at no less than from one alternative fuel vehicle or ultra- date of establishment of the program; 85 percent by volume; or low sulfur diesel vehicle to another in a (2) not later than 60 days after the date of (vii) by propane. linked transportation system; publication under paragraph (1), after taking (B) EXCLUSIONS.—The term ‘‘alternative (B) a description of the projects proposed into consideration any public comments re- fuel vehicle’’ does not include— in the application, including how they meet ceived, transmit to the Congress and publish (i) any vehicle designed to operate solely the requirements of this subtitle; in the Federal Register the final measurable on gasoline or diesel derived from fossil (C) an estimate of the ridership or degree cost and performance-based goals; and fuels, regardless of whether it can also be op- of use of the projects proposed in the applica- (3) update all such cost and performance- erated on an alternative fuel; or tion; based goals on a biennial basis. (ii) any vehicle that the Secretary deter- (D) an estimate of the air pollution emis- SEC. 2005. DEFINITIONS. mines, by rule, does not yield substantial en- sions reduced and fossil fuel displaced as a For purposes of this division, except as vironmental benefits over a vehicle oper- result of the projects proposed in the appli- otherwise provided— ating solely on gasoline or diesel derived cation, and a plan to collect and disseminate (1) the term ‘‘Administrator’’ means the from fossil fuels. environmental data, related to the projects Administrator of the Environmental Protec- (2) PILOT PROGRAM.—The term ‘‘pilot pro- to be funded under the grant, over the life of tion Agency; gram’’ means the competitive grant program the projects; (2) the term ‘‘appropriate congressional established under section 2103. (E) a description of how the projects pro- committees’’ means— (3) ULTRA-LOW SULFUR DIESEL VEHICLE.— posed in the application will be sustainable without Federal assistance after the comple- (A) the Committee on Science and the The term ‘‘ultra-low sulfur diesel vehicle’’ tion of the term of the grant; Committee on Appropriations of the House means a vehicle powered by a heavy-duty (F) a complete description of the costs of of Representatives; and diesel engine that— each project proposed in the application, in- (B) the Committee on Energy and Natural (A) is fueled by diesel fuel which contains cluding acquisition, construction, operation, Resources and the Committee on Appropria- sulfur at not more than 15 parts per million; and maintenance costs over the expected life tions of the Senate; and of the project; (3) the term ‘‘Department’’ means the De- (B) emits not more than the lesser of— (G) a description of which costs of the partment of Energy; and (i) for vehicles manufactured in— projects proposed in the application will be (4) the term ‘‘Secretary’’ means the Sec- (I) model years 2001 through 2003, 3.0 grams per brake horsepower-hour of nonmethane supported by Federal assistance under this retary of Energy. subtitle; and SEC. 2006. AUTHORIZATIONS. hydrocarbons and oxides of nitrogen and .01 grams per brake horsepower-hour of particu- (H) documentation to the satisfaction of Authorizations of appropriations under the Secretary that diesel fuel containing sul- this division are for environmental research late matter; and (II) model years 2004 through 2006, 2.5 fur at not more than 15 parts per million is and development, scientific and energy re- available for carrying out the projects, and a search, development, and demonstration, and grams per brake horsepower-hour of non- methane hydrocarbons and oxides of nitro- commitment by the applicant to use such commercial application of energy technology fuel in carrying out the projects. programs, projects, and activities. gen and .01 grams per brake horsepower-hour of particulate matter; or (2) PARTNERS.—An applicant under para- SEC. 2007. BALANCE OF FUNDING PRIORITIES. (ii) the emissions of nonmethane hydro- graph (1) may carry out projects under the (a) SENSE OF CONGRESS.—It is the sense of carbons, oxides of nitrogen, and particulate pilot program in partnership with public and the Congress that the funding of the various matter of the best performing technology of private entities. programs authorized by titles I through IV (d) SELECTION CRITERIA.—In evaluating ap- ultra-low sulfur diesel vehicles of the same of this division should remain in the same plications under the pilot program, the Sec- type that are commercially available. proportion to each other as provided in this retary shall consider each applicant’s pre- division, regardless of the total amount of SEC. 2103. PILOT PROGRAM. vious experience with similar projects and funding made available for those programs. (a) ESTABLISHMENT.—The Secretary shall shall give priority consideration to applica- (b) REPORT TO CONGRESS.—If for fiscal year establish a competitive grant pilot program tions that— 2002, 2003, or 2004 the amounts appropriated to provide not more than 15 grants to State (1) are most likely to maximize protection in general appropriations Acts for the pro- governments, local governments, or metro- of the environment; grams authorized in titles I through IV of politan transportation authorities to carry (2) demonstrate the greatest commitment this division are not in the same proportion out a project or projects for the purposes de- on the part of the applicant to ensure fund- to one another as are the authorizations for scribed in subsection (b). ing for the proposed projects and the great- such programs in this division, the Secretary (b) GRANT PURPOSES.—Grants under this est likelihood that each project proposed in and the Administrator shall, within 60 days section may be used for the following pur- the application will be maintained or ex- after the date of the enactment of the last poses: panded after Federal assistance under this general appropriations Act appropriating (1) The acquisition of alternative fuel vehi- subtitle is completed; and amounts for such programs, transmit to the cles, including— (3) exceed the minimum requirements of appropriate congressional committees a re- (A) passenger vehicles; subsection (c)(1)(A). port describing the programs, projects, and (B) buses used for public transportation or (e) PILOT PROJECT REQUIREMENTS.— activities that would have been funded if the transportation to and from schools; (1) MAXIMUM AMOUNT.—The Secretary shall proportions provided for in this division had (C) delivery vehicles for goods or services; not provide more than $20,000,000 in Federal been maintained in the appropriations. The (D) ground support vehicles at public air- assistance under the pilot program to any amount appropriated for the program receiv- ports, including vehicles to carry baggage or applicant. ing the highest percentage of its authorized push airplanes away from terminal gates; (2) COST SHARING.—The Secretary shall not funding for a fiscal year shall be used as the and provide more than 50 percent of the cost, in- baseline for calculating the proportional de- (E) motorized two-wheel bicycles, scooters, curred during the period of the grant, of any ficiencies of appropriations for other pro- or other vehicles for use by law enforcement project under the pilot program. grams in that fiscal year. personnel or other State or local government (3) MAXIMUM PERIOD OF GRANTS.—The Sec- TITLE I—ENERGY CONSERVATION AND or metropolitan transportation authority retary shall not fund any applicant under ENERGY EFFICIENCY employees. the pilot program for more than 5 years. (2) The acquisition of ultra-low sulfur die- (4) DEPLOYMENT AND DISTRIBUTION.—The Subtitle A—Alternative Fuel Vehicles sel vehicles. Secretary shall seek to the maximum extent SEC. 2101. SHORT TITLE. (3) Infrastructure necessary to directly practicable to achieve nationwide deploy- This subtitle may be cited as the ‘‘Alter- support an alternative fuel vehicle project ment of alternative fuel vehicles through the native Fuel Vehicle Acceleration Act of funded by the grant, including fueling and pilot program, and shall ensure a broad geo- 2001’’. other support equipment. graphic distribution of project sites. SEC. 2102. DEFINITIONS. (4) Operation and maintenance of vehicles, (5) TRANSFER OF INFORMATION AND KNOWL- For the purposes of this subtitle, the fol- infrastructure, and equipment acquired as EDGE.—The Secretary shall establish mecha- lowing definitions apply: part of a project funded by the grant. nisms to ensure that the information and (1) ALTERNATIVE FUEL VEHICLE.— (c) APPLICATIONS.— knowledge gained by participants in the (A) IN GENERAL.—Except as provided in (1) REQUIREMENTS.—The Secretary shall pilot program are transferred among the subparagraph (B), the term ‘‘alternative fuel issue requirements for applying for grants pilot program participants and to other in- vehicle’’ means a motor vehicle that is pow- under the pilot program. At a minimum, the terested parties, including other applicants ered— Secretary shall require that applications be that submitted applications.

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(f) SCHEDULE.— (4) While many of the individual distrib- tivities pursuant to the strategy shall be in- (1) PUBLICATION.—Not later than 3 months uted power hybrid systems components are tegrated with other activities of the Depart- after the date of the enactment of this Act, either available or under development in ex- ment’s Office of Power Technologies. the Secretary shall publish in the Federal isting private and public sector programs, SEC. 2124. HIGH POWER DENSITY INDUSTRY PRO- Register, Commerce Business Daily, and the capabilities to integrate these compo- GRAM. elsewhere as appropriate, a request for appli- nents into workable distributed power hy- (a) IN GENERAL.—The Secretary shall de- cations to undertake projects under the pilot brid systems that maximize benefits to con- velop and implement a comprehensive re- program. Applications shall be due within 6 sumers in a safe manner often are not coher- search, development, demonstration, and months of the publication of the notice. ently being addressed. commercial application program to improve (2) SELECTION.—Not later than 6 months SEC. 2122. DEFINITIONS. energy efficiency, reliability, and environ- after the date by which applications for For purposes of this subtitle— mental responsibility in high power density grants are due, the Secretary shall select by (1) the term ‘‘distributed power hybrid sys- industries, such as data centers, server farms, telecommunications facilities, and competitive, peer review all applications for tem’’ means a system using 2 or more dis- heavy industry. projects to be awarded a grant under the tributed power sources, operated together (b) AREAS.—In carrying out this section, pilot program. with associated supporting equipment, in- (g) LIMIT ON FUNDING.—The Secretary shall the Secretary shall consider technologies cluding storage equipment, and software nec- that provide— provide not less than 20 percent and not essary to provide electric power onsite and more than 25 percent of the grant funding (1) significant improvement in efficiency of to an electric distribution system; and high power density facilities, and in data and made available under this section for the ac- (2) the term ‘‘distributed power source’’ quisition of ultra-low sulfur diesel vehicles. telecommunications centers, using advanced means an independent electric energy source thermal control technologies; SEC. 2104. REPORTS TO CONGRESS. of usually 10 megawatts or less located close (2) significant improvements in air-condi- (a) INITIAL REPORT.—Not later than 2 to a residential, commercial, or industrial tioning efficiency in facilities such as data months after the date grants are awarded load center, including— under this subtitle, the Secretary shall centers and telecommunications facilities; (A) reciprocating engines; (3) significant advances in peak load reduc- transmit to the appropriate congressional (B) turbines; committees a report containing— tion; and (C) microturbines; (4) advanced real time metering and load (1) an identification of the grant recipients (D) fuel cells; and a description of the projects to be fund- management and control devices. (E) solar electric systems; (c) IMPLEMENTATION AND INTEGRATION.—Ac- ed; (F) wind energy systems; tivities pursuant to this program shall be in- (2) an identification of other applicants (G) biopower systems; tegrated with other activities of the Depart- that submitted applications for the pilot pro- (H) geothermal power systems; or ment’s Office of Power Technologies. gram; and (I) combined heat and power systems. SEC. 2125. MICRO-COGENERATION ENERGY TECH- (3) a description of the mechanisms used by SEC. 2123. STRATEGY. NOLOGY. the Secretary to ensure that the information (a) REQUIREMENT.—Not later than 1 year The Secretary shall make competitive, and knowledge gained by participants in the after the date of the enactment of this Act, merit-based grants to consortia of private pilot program are transferred among the the Secretary shall develop and transmit to sector entities for the development of micro- pilot program participants and to other in- the Congress a distributed power hybrid sys- cogeneration energy technology. The con- terested parties, including other applicants tems strategy showing— sortia shall explore the creation of small- that submitted applications. (1) needs best met with distributed power scale combined heat and power through the (b) EVALUATION.—Not later than 3 years hybrid systems configurations, especially use of residential heating appliances. There after the date of the enactment of this Act, systems including one or more solar or re- are authorized to be appropriated to the Sec- and annually thereafter until the pilot pro- newable power sources; and retary $20,000,000 to carry out this section, to gram ends, the Secretary shall transmit to (2) technology gaps and barriers (including remain available until expended. the appropriate congressional committees a barriers to efficient connection with the SEC. 2126. PROGRAM PLAN. report containing an evaluation of the effec- power grid) that hamper the use of distrib- Within 4 months after the date of the en- tiveness of the pilot program, including an uted power hybrid systems. actment of this Act, the Secretary, in con- assessment of the benefits to the environ- (b) ELEMENTS.—The strategy shall provide sultation with other appropriate Federal ment derived from the projects included in for development of— agencies, shall prepare and transmit to the the pilot program as well as an estimate of (1) system integration tools (including Congress a 5-year program plan to guide ac- the potential benefits to the environment to databases, computer models, software, sen- tivities under this subtitle. In preparing the be derived from widespread application of al- sors, and controls) needed to plan, design, program plan, the Secretary shall consult ternative fuel vehicles and ultra-low sulfur build, and operate distributed power hybrid with appropriate representatives of the dis- diesel vehicles. systems for maximum benefits; tributed energy resources, power trans- SEC. 2105. AUTHORIZATION OF APPROPRIATIONS. (2) tests of distributed power hybrid sys- mission, and high power density industries There are authorized to be appropriated to tems, power parks, and microgrids, including to prioritize appropriate program areas. The the Secretary $200,000,000 to carry out this field tests and cost-shared demonstrations Secretary shall also seek the advice of utili- subtitle, to remain available until expended. with industry; ties, energy services providers, manufactur- Subtitle B—Distributed Power Hybrid (3) design tools to characterize the benefits ers, institutions of higher learning, other ap- Energy Systems of distributed power hybrid systems for con- propriate State and local agencies, environ- SEC. 2121. FINDINGS. sumers, to reduce testing needs, to speed mental organizations, professional and tech- The Congress makes the following findings: commercialization, and to generate data nical societies, and any other persons the (1) Our ability to take advantage of our re- characterizing grid operations, including Secretary considers appropriate. newable, indigenous resources in a cost-ef- interconnection requirements; SEC. 2127. REPORT. fective manner can be greatly advanced (4) precise resource assessment tools to Two years after date of the enactment of through systems that compensate for the map local resources for distributed power hy- this Act and at 2-year intervals thereafter, intermittent nature of these resources brid systems; and the Secretary, jointly with other appropriate through distributed power hybrid systems. (5) a comprehensive research, development, Federal agencies, shall transmit a report to (2) Distributed power hybrid systems can— demonstration, and commercial application Congress describing the progress made to (A) shelter consumers from temporary en- program to ensure the reliability, efficiency, achieve the purposes of this subtitle. ergy price volatility created by supply and and environmental integrity of distributed SEC. 2128. VOLUNTARY CONSENSUS STANDARDS. demand mismatches; energy resources, focused on filling gaps in Not later than 2 years after the date of the (B) increase the reliability of energy sup- distributed power hybrid systems tech- enactment of this Act, the Secretary, in con- ply; and nologies identified under subsection (a)(2), sultation with the National Institute of (C) address significant local differences in which may include— Standards and Technology, shall work with power and economic development needs and (A) integration of a wide variety of ad- the Institute of Electrical and Electronic En- resource availability that exist throughout vanced technologies into distributed power gineers and other standards development or- the United States. hybrid systems; ganizations toward the development of vol- (3) Realizing these benefits will require a (B) energy storage devices; untary consensus standards for distributed concerted and integrated effort to remove (C) environmental control technologies; energy systems for use in manufacturing and market barriers to adopting distributed (D) interconnection standards, protocols, using equipment and systems for connection power hybrid systems by— and equipment; and with electric distribution systems, for ob- (A) developing the technological founda- (E) ancillary equipment for dispatch and taining electricity from, or providing elec- tion that enables designing, testing, certi- control. tricity to, such systems. fying, and operating distributed power hy- (c) IMPLEMENTATION AND INTEGRATION.— Subtitle C—Secondary Electric Vehicle brid systems; and The Secretary shall implement the strategy Battery Use (B) providing the policy framework that transmitted under subsection (a) and the re- SEC. 2131. DEFINITIONS. reduces such barriers. search program under subsection (b)(5). Ac- For purposes of this subtitle, the term—

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9899 (1) ‘‘battery’’ means an energy storage de- (D) the suitability of the batteries for their buses manufactured before model year 1977 vice that previously has been used to provide intended uses; and diesel-powered buses manufactured be- motive power in a vehicle powered in whole (E) the technical performance of the bat- fore model year 1991. or in part by electricity; and tery, including the expected additional use- (2) NO ECONOMIC BENEFIT.—Other than the (2) ‘‘associated equipment’’ means equip- ful life and the battery’s ability to retain en- receipt of the grant, a recipient of a grant ment located at the location where the bat- ergy; under this section may not receive any eco- teries will be used that is necessary to en- (F) the environmental effects of the use of nomic benefit in connection with the receipt able the use of the energy stored in the bat- and disposal of the batteries proposed to be of the grant. teries. used in the project selected; (3) PRIORITY OF GRANT APPLICATIONS.—The SEC. 2132. ESTABLISHMENT OF SECONDARY (G) the extent of involvement of State or Secretary shall give priority to awarding ELECTRIC VEHICLE BATTERY USE local government and other persons in the grants to applicants who can demonstrate PROGRAM. demonstration project and whether such in- the use of alternative fuel buses and ultra- (a) PROGRAM.—The Secretary shall estab- volvement will— low sulfur diesel school buses in lieu of buses lish and conduct a research, development, (i) permit a reduction of the Federal cost manufactured before model year 1977. and demonstration program for the sec- share per project; or (f) CONDITIONS OF GRANT.—A grant pro- ondary use of batteries where the original (ii) otherwise be used to allow the Federal vided under this section shall include the fol- use of such batteries was in transportation contribution to be provided to demonstrate a lowing conditions: applications. Such program shall be— greater number of batteries; and (1) All buses acquired with funds provided (1) designed to demonstrate the use of bat- (H) such other criteria as the Secretary under the grant shall be operated as part of teries in secondary application, including considers appropriate. the school bus fleet for which the grant was utility and commercial power storage and (3) CONDITIONS.—The Secretary shall re- made for a minimum of 5 years. power quality; quire that— (2) Funds provided under the grant may (2) structured to evaluate the performance, (A) as a part of a demonstration project, only be used— including longevity of useful service life and the users of the batteries provide to the pro- (A) to pay the cost, except as provided in costs, of such batteries in field operations, poser information regarding the operation, paragraph (3), of new alternative fuel school and evaluate the necessary supporting infra- maintenance, performance, and use of the buses or ultra-low sulfur diesel school buses, structure, including disposal and reuse of batteries, and the proposer provide such in- including State taxes and contract fees; and batteries; and formation to the battery manufacturer, for 3 (B) to provide— (3) coordinated with ongoing secondary years after the beginning of the demonstra- (i) up to 10 percent of the price of the alter- battery use programs underway at the na- tion project; native fuel buses acquired, for necessary al- tional laboratories and in industry. (B) the proposer provide to the Secretary ternative fuel infrastructure if the infra- (b) SOLICITATION.—(1) Not later than 6 months after the date of the enactment of such information regarding the operation, structure will only be available to the grant this Act, the Secretary shall solicit pro- maintenance, performance, and use of the recipient; and posals to demonstrate the secondary use of batteries as the Secretary may request dur- (ii) up to 15 percent of the price of the al- batteries and associated equipment and sup- ing the period of the demonstration project; ternative fuel buses acquired, for necessary porting infrastructure in geographic loca- and alternative fuel infrastructure if the infra- tions throughout the United States. The Sec- (C) the proposer provide at least 50 percent structure will be available to the grant re- retary may make additional solicitations for of the costs associated with the proposal. cipient and to other bus fleets. proposals if the Secretary determines that SEC. 2133. AUTHORIZATION OF APPROPRIATIONS. (3) The grant recipient shall be required to such solicitations are necessary to carry out There are authorized to be appropriated to provide at least the lesser of 15 percent of this section. the Secretary, from amounts authorized the total cost of each bus received or $15,000 (2)(A) Proposals submitted in response to a under section 2161(a), for purposes of this per bus. solicitation under this section shall in- subtitle— (4) In the case of a grant recipient receiv- clude— (1) $1,000,000 for fiscal year 2002; ing a grant to demonstrate ultra-low sulfur (i) a description of the project, including (2) $7,000,000 for fiscal year 2003; and diesel school buses, the grant recipient shall the batteries to be used in the project, the (3) $7,000,000 for fiscal year 2004. be required to provide documentation to the proposed locations and applications for the Such appropriations may remain available satisfaction of the Secretary that diesel fuel batteries, the number of batteries to be dem- until expended. containing sulfur at not more than 15 parts onstrated, and the type, characteristics, and Subtitle D—Green School Buses per million is available for carrying out the estimated life-cycle costs of the batteries SEC. 2141. SHORT TITLE. purposes of the grant, and a commitment by compared to other energy storage devices This subtitle may be cited as the ‘‘Clean the applicant to use such fuel in carrying out currently used; Green School Bus Act of 2001’’. the purposes of the grant. (ii) the contribution, if any, of State or (g) BUSES.—Funding under a grant made SEC. 2142. ESTABLISHMENT OF PILOT PROGRAM. local governments and other persons to the under this section may be used to dem- (a) ESTABLISHMENT.—The Secretary shall demonstration project; onstrate the use only of new alternative fuel establish a pilot program for awarding (iii) the type of associated equipment to be school buses or ultra-low sulfur diesel school grants on a competitive basis to eligible en- demonstrated and the type of supporting in- buses— tities for the demonstration and commercial frastructure to be demonstrated; and (1) with a gross vehicle weight of greater application of alternative fuel school buses (iv) any other information the Secretary than 14,000 pounds; and ultra-low sulfur diesel school buses. considers appropriate. (2) that are powered by a heavy duty en- (b) REQUIREMENTS.—Not later than 3 (B) If the proposal includes a lease arrange- gine; ment, the proposal shall indicate the terms months after the date of the enactment of this Act, the Secretary shall establish and (3) that, in the case of alternative fuel of such lease arrangement for the batteries school buses, emit not more than— and associated equipment. publish in the Federal register grant require- ments on eligibility for assistance, and on (A) for buses manufactured in model years (c) SELECTION OF PROPOSALS.—(1)(A) The 2001 and 2002, 2.5 grams per brake horse- Secretary shall, not later than 3 months implementation of the program established under subsection (a), including certification power-hour of nonmethane hydrocarbons and after the closing date established by the Sec- oxides of nitrogen and .01 grams per brake retary for receipt of proposals under sub- requirements to ensure compliance with this subtitle. horsepower-hour of particulate matter; and section (b), select at least 5 proposals to re- (B) for buses manufactured in model years (c) SOLICITATION.—Not later than 6 months ceive financial assistance under this section. 2003 through 2006, 1.8 grams per brake horse- (B) No one project selected under this sec- after the date of the enactment of this Act, power-hour of nonmethane hydrocarbons and tion shall receive more than 25 percent of the the Secretary shall solicit proposals for funds authorized under this section. No more grants under this section. oxides of nitrogen and .01 grams per brake than 3 projects selected under this section (d) ELIGIBLE RECIPIENTS.—A grant shall be horsepower-hour of particulate matter; and shall demonstrate the same battery type. awarded under this section only— (4) that, in the case of ultra-low sulfur die- (2) In selecting a proposal under this sec- (1) to a local governmental entity respon- sel school buses, emit not more than— tion, the Secretary shall consider— sible for providing school bus service for one (A) for buses manufactured in model years (A) the ability of the proposer to acquire or more public school systems; or 2001 through 2003, 3.0 grams per brake horse- the batteries and associated equipment and (2) jointly to an entity described in para- power-hour of nonmethane hydrocarbons and to successfully manage and conduct the dem- graph (1) and a contracting entity that pro- oxides of nitrogen and .01 grams per brake onstration project, including the reporting vides school bus service to the public school horsepower-hour of particulate matter; and requirements set forth in paragraph (3)(B); system or systems. (B) for buses manufactured in model years (B) the geographic and climatic diversity (e) TYPES OF GRANTS.— 2004 through 2006, 2.5 grams per brake horse- of the projects selected; (1) IN GENERAL.—Grants under this section power-hour of nonmethane hydrocarbons and (C) the long-term technical and competi- shall be for the demonstration and commer- oxides of nitrogen and .01 grams per brake tive viability of the batteries to be used in cial application of technologies to facilitate horsepower-hour of particulate matter, the project and of the original manufacturer the use of alternative fuel school buses and except that under no circumstances shall of such batteries; ultra-low sulfur diesel school buses in lieu of buses be acquired under this section that

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9900 CONGRESSIONAL RECORD — SENATE September 26, 2001 emit nonmethane hydrocarbons, oxides of ni- SEC. 2152. DEFINITION. Subtitle F—Department of Energy trogen, or particulate matter at a rate great- In this subtitle, the term ‘‘Lighting Initia- Authorization of Appropriations er than the best performing technology of tive’’ means the ‘‘Next Generation Lighting SEC. 2161. AUTHORIZATION OF APPROPRIATIONS. ultra-low sulfur diesel school buses commer- Initiative’’ established under section 2153(a). (a) OPERATION AND MAINTENANCE.—In addi- cially available at the time the grant is SEC. 2153. NEXT GENERATION LIGHTING INITIA- tion to amounts authorized to be appro- made. TIVE. priated under section 2105, section 2125, and (h) DEPLOYMENT AND DISTRIBUTION.—The (a) ESTABLISHMENT.—The Secretary is au- section 2144, there are authorized to be ap- Secretary shall seek to the maximum extent thorized to establish a lighting initiative to propriated to the Secretary for subtitle B, practicable to achieve nationwide deploy- be known as the ‘‘Next Generation Lighting subtitle C, subtitle E, and for Energy Con- ment of alternative fuel school buses Initiative’’ to research, develop, and conduct servation operation and maintenance (in- through the program under this section, and demonstration activities on advanced light- cluding Building Technology, State and shall ensure a broad geographic distribution ing technologies, including white light emit- Community Sector (Nongrants), Industry of grant awards, with a goal of no State re- ting diodes. Sector, Transportation Sector, Power Tech- ceiving more than 10 percent of the grant (b) RESEARCH OBJECTIVES.—The research nologies, and Policy and Management) funding made available under this section objectives of the Lighting Initiative shall be $625,000,000 for fiscal year 2002, $700,000,000 for for a fiscal year. to develop, by 2011, advanced lighting tech- fiscal year 2003, and $800,000,000 for fiscal (i) LIMIT ON FUNDING.—The Secretary shall nologies that, compared to incandescent and year 2004, to remain available until ex- provide not less than 20 percent and not fluorescent lighting technologies as of the pended. more than 25 percent of the grant funding date of the enactment of this Act, are— (b) LIMITS ON USE OF FUNDS.—None of the made available under this section for any fis- (1) longer lasting; funds authorized to be appropriated in sub- cal year for the acquisition of ultra-low sul- (2) more energy-efficient; and section (a) may be used for— fur diesel school buses. (3) cost-competitive. (1) Building Technology, State and Com- (j) DEFINITIONS.—For purposes of this sec- SEC. 2154. STUDY. munity Sector— tion— (a) IN GENERAL.—Not later than 6 months (A) Residential Building Energy Codes; (1) the term ‘‘alternative fuel school bus’’ after the date of the enactment of this Act, (B) Commercial Building Energy Codes; means a bus powered substantially by elec- the Secretary, in consultation with other (C) Lighting and Appliance Standards; tricity (including electricity supplied by a Federal agencies, as appropriate, shall com- (D) Weatherization Assistance Program; or fuel cell), or by liquefied natural gas, com- plete a study on strategies for the develop- (E) State Energy Program; or pressed natural gas, liquefied petroleum gas, ment and commercial application of ad- (2) Federal Energy Management Program. hydrogen, propane, or methanol or ethanol vanced lighting technologies. The Secretary Subtitle G—Environmental Protection Agen- at no less than 85 percent by volume; and shall request a review by the National Acad- cy Office of Air and Radiation Authoriza- (2) the term ‘‘ultra-low sulfur diesel school emies of Sciences and Engineering of the tion of Appropriations bus’’ means a school bus powered by diesel study under this subsection, and shall trans- fuel which contains sulfur at not more than mit the results of the study to the appro- SEC. 2171. SHORT TITLE. 15 parts per million. priate congressional committees. This subtitle may be cited as the ‘‘Envi- ronmental Protection Agency Office of Air SEC. 2143. FUEL CELL BUS DEVELOPMENT AND (b) REQUIREMENTS.—The study shall— DEMONSTRATION PROGRAM. (1) develop a comprehensive strategy to and Radiation Authorization Act of 2001’’. SEC. 2172. AUTHORIZATION OF APPROPRIATIONS. (a) ESTABLISHMENT OF PROGRAM.—The Sec- implement the Lighting Initiative; and retary shall establish a program for entering (2) identify the research and development, There are authorized to be appropriated to into cooperative agreements with private manufacturing, deployment, and marketing the Administrator for Office of Air and Radi- sector fuel cell bus developers for the devel- barriers that must be overcome to achieve a ation Climate Change Protection Programs opment of fuel cell-powered school buses, goal of a 25 percent market penetration by $121,942,000 for fiscal year 2002, $126,800,000 for and subsequently with not less than 2 units advanced lighting technologies into the in- fiscal year 2003, and $131,800,000 for fiscal of local government using natural gas-pow- candescent and fluorescent lighting market year 2004 to remain available until expended, ered school buses and such private sector by the year 2012. of which— fuel cell bus developers to demonstrate the (c) IMPLEMENTATION.—As soon as prac- (1) $52,731,000 for fiscal year 2002, $54,800,000 use of fuel cell-powered school buses. ticable after the review of the study under for fiscal year 2003, and $57,000,000 for fiscal (b) COST SHARING.—The non-Federal con- subsection (a) is transmitted to the Sec- year 2004 shall be for Buildings; tribution for activities funded under this sec- retary by the National Academies of (2) $32,441,000 for fiscal year 2002, $33,700,000 tion shall be not less than— Sciences and Engineering, the Secretary for fiscal year 2003, and $35,000,000 for fiscal (1) 20 percent for fuel infrastructure devel- shall adapt the implementation of the Light- year 2004 shall be for Transportation; opment activities; and ing Initiative taking into consideration the (3) $27,295,000 for fiscal year 2002, $28,400,000 (2) 50 percent for demonstration activities recommendations of the National Academies for fiscal year 2003, and $29,500,000 for fiscal and for development activities not described of Sciences and Engineering. year 2004 shall be for Industry; in paragraph (1). SEC. 2155. GRANT PROGRAM. (4) $1,700,000 for fiscal year 2002, $1,800,000 (c) FUNDING.—No more than $25,000,000 of (a) IN GENERAL.—Subject to section 2603 of for fiscal year 2003, and $1,900,000 for fiscal the amounts authorized under section 2144 this Act, the Secretary may make merit- year 2004 shall be for Carbon Removal; may be used for carrying out this section for based competitive grants to firms and re- (5) $2,500,000 for fiscal year 2002, $2,600,000 the period encompassing fiscal years 2002 search organizations that conduct research, for fiscal year 2003, and $2,700,000 for fiscal through 2006. development, and demonstration projects re- year 2004 shall be for State and Local Cli- mate; and (d) REPORTS TO CONGRESS.—Not later than lated to advanced lighting technologies. 3 years after the date of the enactment of (b) ANNUAL REVIEW.— (6) $5,275,000 for fiscal year 2002, $5,500,000 this Act, and not later than October 1, 2006, (1) IN GENERAL.—An annual independent re- for fiscal year 2003, and $5,700,000 for fiscal the Secretary shall transmit to the appro- view of the grant-related activities of firms year 2004 shall be for International Capacity priate congressional committees a report and research organizations receiving a grant Building. that— under this section shall be conducted by a SEC. 2173. LIMITS ON USE OF FUNDS. (1) evaluates the process of converting nat- committee appointed by the Secretary under (a) PRODUCTION OR PROVISION OF ARTICLES ural gas infrastructure to accommodate fuel the Federal Advisory Committee Act (5 OR SERVICES.—None of the funds authorized cell-powered school buses; and U.S.C. App.), or, at the request of the Sec- to be appropriated by this subtitle may be (2) assesses the results of the development retary, a committee appointed by the Na- used to produce or provide articles or serv- and demonstration program under this sec- tional Academies of Sciences and Engineer- ices for the purpose of selling the articles or tion. ing. services to a person outside the Federal Gov- SEC. 2144. AUTHORIZATION OF APPROPRIATIONS. (2) REQUIREMENTS.—Using clearly defined ernment, unless the Administrator deter- mines that comparable articles or services There are authorized to be appropriated to standards established by the Secretary, the are not available from a commercial source the Secretary for carrying out this subtitle, review shall assess technology advances and in the United States. to remain available until expended— progress toward commercialization of the (b) REQUESTS FOR PROPOSALS.—None of the (1) $40,000,000 for fiscal year 2002; grant-related activities of firms or research funds authorized to be appropriated by this (2) $50,000,000 for fiscal year 2003; organizations during each fiscal year of the subtitle may be used by the Environmental (3) $60,000,000 for fiscal year 2004; grant program. Protection Agency to prepare or initiate Re- (4) $70,000,000 for fiscal year 2005; and (c) TECHNICAL AND FINANCIAL ASSIST- quests for Proposals for a program if the pro- (5) $80,000,000 for fiscal year 2006. ANCE.—The national laboratories and other Federal agencies, as appropriate, shall co- gram has not been authorized by Congress. Subtitle E—Next Generation Lighting operate with and provide technical and fi- SEC. 2174. COST SHARING. Initiative nancial assistance to firms and research or- (a) RESEARCH AND DEVELOPMENT.—Except SEC. 2151. SHORT TITLE. ganizations conducting research, develop- as otherwise provided in this subtitle, for re- This subtitle may be cited as ‘‘Next Gen- ment, and demonstration projects carried search and development programs carried eration Lighting Initiative Act’’. out under this subtitle. out under this subtitle, the Administrator

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9901 shall require a commitment from non-Fed- funds are authorized by this subtitle. Each munities; materials and systems suppliers; eral sources of at least 20 percent of the cost such document shall include, for the fiscal State, county, and local governments; the of the project. The Administrator may re- year for which funding is being requested residential, multifamily, and commercial duce or eliminate the non-Federal require- and for the 2 previous fiscal years— sectors of the construction industry; and the ment under this subsection if the Adminis- (1) a description of, and funding requested insurance industry. trator determines that the research and de- or allocated for, each such program, project, (d) REPORT.—The Interagency Group shall, velopment is of a basic or fundamental na- or activity; within 90 days after the end of each fiscal ture. (2) an identification of all recipients of year, transmit a report to the Congress de- (b) DEMONSTRATION AND COMMERCIAL AP- funds to conduct such programs, projects, scribing progress achieved during the pre- PLICATION.—Except as otherwise provided in and activities; and ceding fiscal year by government at all lev- this subtitle, the Administrator shall require (3) an estimate of the amounts to be ex- els and by the private sector, toward imple- at least 50 percent of the costs directly and pended by each recipient of funds identified menting the plan developed under subsection specifically related to any demonstration or under paragraph (2). (b), and including any amendments to the plan. commercial application project under this SEC. 2178. OTHER PROVISIONS. subtitle to be provided from non-Federal (a) ANNUAL OPERATING PLAN AND RE- TITLE II—RENEWABLE ENERGY sources. The Administrator may reduce the PORTS.—The Administrator shall provide si- Subtitle A—Hydrogen non-Federal requirement under this sub- multaneously to the Committee on Science SEC. 2201. SHORT TITLE. section if the Administrator determines that of the House of Representatives— This subtitle may be cited as the ‘‘Robert the reduction is necessary and appropriate (1) any annual operating plan or other S. Walker and George E. Brown, Jr. Hydro- considering the technological risks involved operational funding document, including any gen Energy Act of 2001’’. in the project and is necessary to meet the additions or amendments thereto; and SEC. 2202. PURPOSES. objectives of this subtitle. (2) any report relating to the environ- Section 102(b) of the Spark M. Matsunaga (c) CALCULATION OF AMOUNT.—In calcu- mental research or development, scientific Hydrogen Research, Development, and Dem- lating the amount of the non-Federal com- or energy research, development, or dem- onstration Act of 1990 is amended to read as mitment under subsection (a) or (b), the Ad- onstration, or commercial application of en- follows: ministrator may include personnel, services, ergy technology programs, projects, or ac- ‘‘(b) PURPOSES.—The purposes of this Act equipment, and other resources. tivities of the Environmental Protection are— SEC. 2175. LIMITATION ON DEMONSTRATION AND Agency, ‘‘(1) to direct the Secretary to conduct re- COMMERCIAL APPLICATIONS OF EN- provided to any committee of Congress. search, development, and demonstration ac- ERGY TECHNOLOGY. (b) NOTICE OF REORGANIZATION.—The Ad- tivities leading to the production, storage, The Administrator shall provide funding ministrator shall provide notice to the ap- transportation, and use of hydrogen for in- for scientific or energy demonstration or propriate congressional committees not dustrial, commercial, residential, transpor- commercial application of energy technology later than 15 days before any reorganization tation, and utility applications; programs, projects, or activities of the Office of any environmental research or develop- ‘‘(2) to direct the Secretary to develop a of Air and Radiation only for technologies or ment, scientific or energy research, develop- program of technology assessment, informa- processes that can be reasonably expected to ment, or demonstration, or commercial ap- tion dissemination, and education in which yield new, measurable benefits to the cost, plication of energy technology program, Federal, State, and local agencies, members efficiency, or performance of the technology project, or activity of the Office of Air and of the energy, transportation, and other in- or process. Radiation. dustries, and other entities may participate; and SEC. 2176. REPROGRAMMING. Subtitle H—National Building Performance ‘‘(3) to develop methods of hydrogen pro- (a) AUTHORITY.—The Administrator may Initiative use amounts appropriated under this subtitle duction that minimize adverse environ- SEC. 2181. NATIONAL BUILDING PERFORMANCE mental impacts, with emphasis on efficient for a program, project, or activity other than INITIATIVE. the program, project, or activity for which and cost-effective production from renewable (a) INTERAGENCY GROUP.—Not later than 3 energy resources.’’. such amounts were appropriated only if— months after the date of the enactment of (1) the Administrator has transmitted to SEC. 2203. DEFINITIONS. this Act, the Director of the Office of Science Section 102(c) of the Spark M. Matsunaga the appropriate congressional committees a and Technology Policy shall establish an report described in subsection (b) and a pe- Hydrogen Research, Development, and Dem- Interagency Group responsible for the devel- onstration Act of 1990 is amended— riod of 30 days has elapsed after such com- opment and implementation of a National (1) by redesignating paragraphs (1) through mittees receive the report; Building Performance Initiative to address (3) as paragraphs (2) through (4), respec- (2) amounts used for the program, project, energy conservation and research and devel- tively; and or activity do not exceed— opment and related issues. The National In- (2) by inserting before paragraph (2), as so (A) 105 percent of the amount authorized stitute of Standards and Technology shall redesignated by paragraph (1) of this section, for the program, project, or activity; or provide necessary administrative support for the following new paragraph: (B) $250,000 more than the amount author- the Interagency Group. ‘‘(1) ‘advisory committee’ means the advi- ized for the program, project, or activity, (b) PLAN.—Not later than 9 months after sory committee established under section whichever is less; and the date of the enactment of this Act, the 108;’’. (3) the program, project, or activity has Interagency Group shall transmit to the SEC. 2204. REPORTS TO CONGRESS. been presented to, or requested of, the Con- Congress a multiyear implementation plan Section 103 of the Spark M. Matsunaga Hy- gress by the Administrator. describing the Federal role in reducing the drogen Research, Development, and Dem- (b) REPORT.—(1) The report referred to in costs, including energy costs, of using, own- onstration Act of 1990 is amended to read as subsection (a) is a report containing a full ing, and operating commercial, institu- follows: and complete statement of the action pro- tional, residential, and industrial buildings ‘‘SEC. 103. REPORTS TO CONGRESS. posed to be taken and the facts and cir- by 30 percent by 2020. The plan shall in- ‘‘(a) REQUIREMENT.—Not later than 1 year cumstances relied upon in support of the pro- clude— after the date of the enactment of the Robert posed action. (1) research, development, and demonstra- S. Walker and George E. Brown, Jr. Hydro- (2) In the computation of the 30-day period tion of systems and materials for new con- gen Energy Act of 2001, and biennially there- under subsection (a), there shall be excluded struction and retrofit, on the building enve- after, the Secretary shall transmit to Con- any day on which either House of Congress is lope and components; and gress a detailed report on the status and not in session because of an adjournment of (2) the collection and dissemination in a progress of the programs and activities au- more than 3 days to a day certain. usable form of research results and other thorized under this Act. (c) LIMITATIONS.—(1) In no event may the pertinent information to the design and con- ‘‘(b) CONTENTS.—A report under subsection total amount of funds obligated pursuant to struction industry, government officials, and (a) shall include, in addition to any views this subtitle exceed the total amount au- the general public. and recommendations of the Secretary— thorized to be appropriated by this subtitle. (c) NATIONAL BUILDING PERFORMANCE ADVI- ‘‘(1) an assessment of the extent to which (2) Funds appropriated pursuant to this SORY COMMITTEE.—A National Building Per- the program is meeting the purposes speci- subtitle may not be used for an item for formance Advisory Committee shall be es- fied in section 102(b); which Congress has declined to authorize tablished to advise on creation of the plan, ‘‘(2) a determination of the effectiveness of funds. review progress made under the plan, advise the technology assessment, information dis- SEC. 2177. BUDGET REQUEST FORMAT. on any improvements that should be made to semination, and education program estab- The Administrator shall provide to the ap- the plan, and report to the Congress on ac- lished under section 106; propriate congressional committees, to be tions that have been taken to advance the ‘‘(3) an analysis of Federal, State, local, transmitted at the same time as the Envi- Nation’s capability in furtherance of the and private sector hydrogen-related re- ronmental Protection Agency’s annual budg- plan. The members shall include representa- search, development, and demonstration ac- et request submission, a detailed justifica- tives of a broad cross-section of interests tivities to identify productive areas for in- tion for budget authorization for the pro- such as the research, technology transfer, ar- creased intergovernmental and private-pub- grams, projects, and activities for which chitectural, engineering, and financial com- lic sector collaboration; and

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9902 CONGRESSIONAL RECORD — SENATE September 26, 2001 ‘‘(4) recommendations of the advisory com- (1) in subsection (a), by striking ‘‘, pref- information as the advisory committee rea- mittee for any improvements needed in the erably in self-contained locations,’’; sonably deems necessary to carry out this programs and activities authorized by this (2) in subsection (b), by striking ‘‘at self- section. Act.’’. contained sites’’ and inserting ‘‘, which shall ‘‘(c) REVIEW.—The advisory committee SEC. 2205. HYDROGEN RESEARCH AND DEVELOP- include a fuel cell bus demonstration pro- shall review and make any necessary rec- MENT. gram to address hydrogen production, stor- ommendations to the Secretary on— Section 104 of the Spark M. Matsunaga Hy- age, and use in transit bus applications’’; and ‘‘(1) the implementation and conduct of drogen Research, Development, and Dem- (3) in subsection (c), by inserting ‘‘NON- programs and activities authorized under onstration Act of 1990 is amended to read as FEDERAL FUNDING REQUIREMENT.—’’ after this Act; and follows: ‘‘(c)’’. ‘‘(2) the economic, technological, and envi- ‘‘SEC. 104. HYDROGEN RESEARCH AND DEVELOP- SEC. 2207. TECHNOLOGY TRANSFER. ronmental consequences of the deployment MENT. Section 106 of the Spark M. Matsunaga Hy- of hydrogen production, storage, transpor- ‘‘(a) ESTABLISHMENT OF PROGRAM.—The drogen Research, Development, and Dem- tation, and use systems. Secretary shall conduct a hydrogen research onstration Act of 1990 is amended to read as ‘‘(d) RESPONSIBILITIES OF THE SECRETARY.— and development program relating to pro- follows: The Secretary shall consider, but need not duction, storage, transportation, and use of adopt, any recommendations of the advisory ‘‘SEC. 106. TECHNOLOGY ASSESSMENT, INFORMA- hydrogen, with the goal of enabling the pri- TION DISSEMINATION, AND EDU- committee under subsection (c). The Sec- vate sector to demonstrate the technical fea- CATION PROGRAM. retary shall provide an explanation of the sibility of using hydrogen for industrial, ‘‘(a) PROGRAM.—The Secretary shall, in reasons that any such recommendations will commercial, residential, transportation, and consultation with the advisory committee, not be implemented and include such expla- utility applications. conduct a program designed to accelerate nation in the report to Congress under sec- ‘‘(b) ELEMENTS.—In conducting the pro- wider application of hydrogen production, tion 103(a) of this Act.’’. gram authorized by this section, the Sec- storage, transportation, and use tech- SEC. 2210. AUTHORIZATION OF APPROPRIATIONS. retary shall— nologies, including application in foreign Section 109 of the Spark M. Matsunaga Hy- ‘‘(1) give particular attention to developing countries to increase the global market for drogen Research, Development, and Dem- an understanding and resolution of critical the technologies and foster global economic onstration Act of 1990 is amended to read as technical issues preventing the introduction development without harmful environmental follows: of hydrogen as an energy carrier into the effects. ‘‘SEC. 109. AUTHORIZATION OF APPROPRIATIONS. marketplace; ‘‘(b) INFORMATION.—The Secretary, in car- ‘‘(a) RESEARCH AND DEVELOPMENT; ADVI- ‘‘(2) initiate or accelerate existing research rying out the program authorized by sub- SORY COMMITTEE.—There are authorized to and development in critical technical issues section (a), shall— be appropriated to the Secretary to carry that will contribute to the development of ‘‘(1) undertake an update of the inventory out sections 104 and 108— more economical hydrogen production, stor- and assessment, required under section ‘‘(1) $40,000,000 for fiscal year 2002; age, transportation, and use, including crit- 106(b)(1) of this Act as in effect before the ‘‘(2) $45,000,000 for fiscal year 2003; ical technical issues with respect to produc- date of the enactment of the Robert S. Walk- ‘‘(3) $50,000,000 for fiscal year 2004; tion (giving priority to those production er and George E. Brown, Jr. Hydrogen En- ‘‘(4) $55,000,000 for fiscal year 2005; and techniques that use renewable energy re- ergy Act of 2001, of hydrogen technologies ‘‘(5) $60,000,000 for fiscal year 2006. sources as their primary source of energy for and their commercial capability to economi- ‘‘(b) DEMONSTRATION.—There are author- hydrogen production), liquefaction, trans- cally produce, store, transport, or use hydro- ized to be appropriated to the Secretary to mission, distribution, storage, and use (in- gen in industrial, commercial, residential, carry out section 105— cluding use of hydrogen in surface transpor- transportation, and utility sector; and ‘‘(1) $20,000,000 for fiscal year 2002; tation); and ‘‘(2) develop, with other Federal agencies ‘‘(2) $25,000,000 for fiscal year 2003; ‘‘(3) survey private sector and public sector as appropriate and industry, an information ‘‘(3) $30,000,000 for fiscal year 2004; hydrogen research and development activi- exchange program to improve technology ‘‘(4) $35,000,000 for fiscal year 2005; and ties worldwide, and take steps to ensure that transfer for hydrogen production, storage, ‘‘(5) $40,000,000 for fiscal year 2006.’’. research and development activities under transportation, and use, which may consist SEC. 2211. REPEAL. this section do not— of workshops, publications, conferences, and (a) REPEAL.—Title II of the Hydrogen Fu- ‘‘(A) duplicate any available research and a database for the use by the public and pri- ture Act of 1996 is repealed. development results; or vate sectors.’’. (b) CONFORMING AMENDMENT.—Section 2 of ‘‘(B) displace or compete with the pri- SEC. 2208. COORDINATION AND CONSULTATION. the Hydrogen Future Act of 1996 is amended vately funded hydrogen research and devel- Section 107 of the Spark M. Matsunaga Hy- by striking ‘‘titles II and III’’ and inserting opment activities of United States industry. drogen Research, Development, and Dem- ‘‘title III’’. ‘‘(c) EVALUATION OF TECHNOLOGIES.—The Subtitle B—Bioenergy Secretary shall evaluate, for the purpose of onstration Act of 1990 is amended— determining whether to undertake or fund (1) by amending paragraph (1) of subsection SEC. 2221. SHORT TITLE. research and development activities under (a) to read as follows: This subtitle may be cited as the ‘‘Bio- this section, any reasonable new or improved ‘‘(1) shall establish a central point for the energy Act of 2001’’. technology that could lead or contribute to coordination of all hydrogen research, devel- SEC. 2222. FINDINGS. the development of economical hydrogen opment, and demonstration activities of the Congress finds that bioenergy has poten- production, storage, transportation, and use. Department; and’’; and tial to help— ‘‘(d) RESEARCH AND DEVELOPMENT SUP- (2) by amending subsection (c) to read as (1) meet the Nation’s energy needs; PORT.—The Secretary is authorized to ar- follows: (2) reduce reliance on imported fuels; range for tests and demonstrations and to ‘‘(c) CONSULTATION.—The Secretary shall (3) promote rural economic development; disseminate to researchers and developers consult with other Federal agencies as ap- (4) provide for productive utilization of ag- information, data, and other materials nec- propriate, and the advisory committee, in ricultural residues and waste materials, and essary to support the research and develop- carrying out the Secretary’s authorities pur- forestry residues and byproducts; and ment activities authorized under this section suant to this Act.’’. (5) protect the environment. and other efforts authorized under this Act, SEC. 2209. ADVISORY COMMITTEE. SEC. 2223. DEFINITIONS. consistent with section 106 of this Act. Section 108 of the Spark M. Matsunaga Hy- For purposes of this subtitle— ‘‘(e) COMPETITIVE PEER REVIEW.—The Sec- drogen Research, Development, and Dem- (1) the term ‘‘bioenergy’’ means energy de- retary shall carry out or fund research and onstration Act of 1990 is amended to read as rived from any organic matter that is avail- development activities under this section follows: able on a renewable or recurring basis, in- only on a competitive basis using peer re- ‘‘SEC. 108. ADVISORY COMMITTEE. cluding agricultural crops and trees, wood view. ‘‘(a) ESTABLISHMENT.—The Secretary shall and wood wastes and residues, plants (includ- ‘‘(f) COST SHARING.—For research and de- enter into appropriate arrangements with ing aquatic plants), grasses, residues, fibers, velopment programs carried out under this the National Academies of Sciences and En- and animal and other organic wastes; section, the Secretary shall require a com- gineering to establish an advisory com- (2) the term ‘‘biofuels’’ includes liquid or mitment from non-Federal sources of at mittee consisting of experts drawn from do- gaseous fuels, industrial chemicals, or both; least 20 percent of the cost of the project. mestic industry, academia, Governmental (3) the term ‘‘biopower’’ includes the gen- The Secretary may reduce or eliminate the laboratories, and financial, environmental, eration of electricity or process steam or non-Federal requirement under this sub- and other organizations, as appropriate, to both; and section if the Secretary determines that the review and advise on the progress made (4) the term ‘‘integrated bioenergy re- research and development is of a basic or through the programs and activities author- search and development’’ includes biopower fundamental nature.’’. ized under this Act. and biofuels applications. SEC. 2206. DEMONSTRATIONS. ‘‘(b) COOPERATION.—The heads of Federal SEC. 2224. AUTHORIZATION. Section 105 of the Spark M. Matsunaga Hy- agencies shall cooperate with the advisory The Secretary is authorized to conduct en- drogen Research, Development, and Dem- committee in carrying out this section and vironmental research and development, sci- onstration Act of 1990 is amended— shall furnish to the advisory committee such entific and energy research, development,

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and demonstration, and commercial applica- agencies, shall prepare and transmit to Con- (d) LIMITS ON USE OF FUNDS.—None of the tion of energy technology programs, gress a 5-year program plan to guide activi- funds authorized to be appropriated in sub- projects, and activities related to bioenergy, ties under this subtitle. In preparing the pro- section (a) may be used for— including biopower energy systems, biofuels gram plan, the Secretary shall consult with (1) Departmental Energy Management Pro- energy systems, and integrated bioenergy re- appropriate representatives of the trans- gram; or search and development. mission infrastructure systems industry to (2) Renewable Indian Energy Resources. SEC. 2225. AUTHORIZATION OF APPROPRIATIONS. select and prioritize appropriate program TITLE III—NUCLEAR ENERGY (a) BIOPOWER ENERGY SYSTEMS.—There are areas. The Secretary shall also seek the ad- authorized to be appropriated to the Sec- vice of utilities, energy services providers, Subtitle A—University Nuclear Science and retary for Biopower Energy Systems pro- manufacturers, institutions of higher learn- Engineering grams, projects, and activities— ing, other appropriate State and local agen- (1) $45,700,000 for fiscal year 2002; cies, environmental organizations, profes- SEC. 2301. SHORT TITLE. sional and technical societies, and any other (2) $52,500,000 for fiscal year 2003; This subtitle may be cited as ‘‘Department persons as the Secretary considers appro- (3) $60,300,000 for fiscal year 2004; of Energy University Nuclear Science and priate. (4) $69,300,000 for fiscal year 2005; and Engineering Act’’. (5) $79,600,000 for fiscal year 2006. SEC. 2243. REPORT. (b) BIOFUELS ENERGY SYSTEMS.—There are Two years after the date of the enactment SEC. 2302. FINDINGS. authorized to be appropriated to the Sec- of this Act, and at 2-year intervals there- The Congress finds the following: retary for biofuels energy systems programs, after, the Secretary, in consultation with (1) United States university nuclear projects, and activities— other appropriate Federal agencies, shall science and engineering programs are in a (1) $53,500,000 for fiscal year 2002; transmit a report to Congress describing the state of serious decline, with nuclear engi- (2) $61,400,000 for fiscal year 2003; progress made to achieve the purposes of this neering enrollment at a 35-year low. Since (3) $70,600,000 for fiscal year 2004; subtitle and identifying any additional re- 1980, the number of nuclear engineering uni- (4) $81,100,000 for fiscal year 2005; and sources needed to continue the development versity programs has declined nearly 40 per- (5) $93,200,000 for fiscal year 2006. and commercial application of transmission cent, and over two-thirds of the faculty in (c) INTEGRATED BIOENERGY RESEARCH AND infrastructure technologies. these programs are 45 years of age or older. DEVELOPMENT.—There are authorized to be appropriated to the Secretary for integrated Subtitle D—Department of Energy Also, since 1980, the number of university re- bioenergy research and development pro- Authorization of Appropriations search and training reactors in the United States has declined by over 50 percent. Most grams, projects, and activities, $49,000,000 for SEC. 2261. AUTHORIZATION OF APPROPRIATIONS. of these reactors were built in the late 1950s each of the fiscal years 2002 through 2006. Ac- (a) OPERATION AND MAINTENANCE.—There and 1960s with 30-year to 40-year operating li- tivities funded under this subsection shall be are authorized to be appropriated to the Sec- censes, and many will require relicensing in coordinated with ongoing related programs retary for Renewable Energy operation and the next several years. of other Federal agencies, including the maintenance, including activities under sub- (2) A decline in a competent nuclear work- Plant Genome Program of the National title C, Geothermal Technology Develop- force, and the lack of adequately trained nu- Science Foundation. Of the funds authorized ment, Hydropower, Concentrating Solar clear scientists and engineers, will affect the under this subsection, at least $5,000,000 for Power, Photovoltaic Energy Systems, Solar ability of the United States to solve future each fiscal year shall be for training and edu- Building Technology Research, Wind Energy nuclear waste storage issues, operate exist- cation targeted to minority and social dis- Systems, High Temperature Super- ing and design future fission reactors in the advantaged farmers and ranchers. conducting Research and Development, En- United States, respond to future nuclear (d) INTEGRATED APPLICATIONS.—Amounts ergy Storage Systems, Transmission Reli- events worldwide, help stem the prolifera- authorized to be appropriated under this sub- ability, International Renewable Energy tion of nuclear weapons, and design and op- title may be used to assist in the planning, Program, Renewable Energy Production In- erate naval nuclear reactors. design, and implementation of projects to centive Program, Renewable Program Sup- (3) The Department of Energy’s Office of convert rice straw and barley grain into port, National Renewable Energy Labora- Nuclear Energy, Science and Technology, a biopower or biofuels. tory, and Program Direction, and including principal Federal agency for civilian re- amounts authorized under the amendment Subtitle C—Transmission Infrastructure search in nuclear science and engineering, is made by section 2210 and amounts authorized Systems well suited to help maintain tomorrow’s under section 2225, $535,000,000 for fiscal year SEC. 2241. TRANSMISSION INFRASTRUCTURE SYS- human resource and training investment in 2002, $639,000,000 for fiscal year 2003, and TEMS RESEARCH, DEVELOPMENT, the nuclear sciences and engineering. DEMONSTRATION, AND COMMER- $683,000,000 for fiscal year 2004, to remain CIAL APPLICATION. available until expended. SEC. 2303. DEPARTMENT OF ENERGY PROGRAM. (a) IN GENERAL.—The Secretary shall de- (b) WAVE POWERED ELECTRIC GENERA- (a) ESTABLISHMENT.—The Secretary, velop and implement a comprehensive re- TION.—Within the amounts authorized to be through the Office of Nuclear Energy, search, development, demonstration, and appropriated to the Secretary under sub- Science and Technology, shall support a pro- commercial application program to ensure section (a), the Secretary shall carry out a gram to maintain the Nation’s human re- the reliability, efficiency, and environmental research program, in conjunction with other source investment and infrastructure in the integrity of electrical transmission systems. appropriate Federal agencies, on wave pow- nuclear sciences and engineering consistent Such program shall include advanced energy ered electric generation. with the Department’s statutory authorities technologies and systems, high capacity (c) ASSESSMENT OF RENEWABLE ENERGY RE- related to civilian nuclear research, develop- superconducting transmission lines and gen- SOURCES.— ment, and demonstration and commercial erators, advanced grid reliability and effi- (1) IN GENERAL.—Using funds authorized in application of energy technology. ciency technologies development, tech- subsection (a), of this section, the Secretary nologies contributing to significant load re- shall transmit to the Congress, within 1 year (b) DUTIES OF THE OFFICE OF NUCLEAR EN- ductions, advanced metering, load manage- after the date of the enactment of this Act, ERGY, SCIENCE AND TECHNOLOGY.—In carrying ment and control technologies, and tech- an assessment of all renewable energy re- out the program under this subtitle, the Di- nology transfer and education. sources available within the United States. rector of the Office of Nuclear Energy, (b) TECHNOLOGY.—In carrying out this sub- (2) RESOURCE ASSESSMENT.—Such report Science and Technology shall— title, the Secretary may include research, shall include a detailed inventory describing (1) develop a robust graduate and under- development, and demonstration on and the available amount and characteristics of graduate fellowship program to attract new commercial application of improved trans- solar, wind, biomass, geothermal, hydro- and talented students; mission technologies including the integra- electric, and other renewable energy sources, (2) assist universities in recruiting and re- tion of the following technologies into im- and an estimate of the costs needed to de- taining new faculty in the nuclear sciences proved transmission systems: velop each resource. The report shall also in- and engineering through a Junior Faculty (1) High temperature superconductivity. clude such other information as the Sec- Research Initiation Grant Program; (2) Advanced transmission materials. retary believes would be useful in siting re- (3) maintain a robust investment in the (3) Self-adjusting equipment, processes, or newable energy generation, such as appro- fundamental nuclear sciences and engineer- software for survivability, security, and fail- priate terrain, population and load centers, ing through the Nuclear Engineering Edu- ure containment. nearby energy infrastructure, and location of cation Research Program; (4) Enhancements of energy transfer over energy resources. (4) encourage collaborative nuclear re- existing lines. (3) AVAILABILITY.—The information and search among industry, national labora- (5) Any other infrastructure technologies, cost estimates in this report shall be updated tories, and universities through the Nuclear as appropriate. annually and made available to the public, Energy Research Initiative; SEC. 2242. PROGRAM PLAN. along with the data used to create the re- (5) assist universities in maintaining reac- Within 4 months after the date of the en- port. tor infrastructure; and actment of this Act, the Secretary, in con- (4) SUNSET.—This subsection shall expire (6) support communication and outreach sultation with other appropriate Federal at the end of fiscal year 2004. related to nuclear science and engineering.

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(c) MAINTAINING UNIVERSITY RESEARCH AND (5) $3,200,000 for fiscal year 2006. (b) REPORTS.—The Secretary shall report TRAINING REACTORS AND ASSOCIATED INFRA- (c) JUNIOR FACULTY RESEARCH INITIATION on the activities of the advanced fuel recy- STRUCTURE.—The Secretary, through the Of- GRANT PROGRAM.—Of the funds authorized by cling technology research and development fice of Nuclear Energy, Science and Tech- subsection (a), the following sums are au- program, as part of the Department’s annual nology, shall provide for the following uni- thorized to be appropriated to carry out sec- budget submission. versity research and training reactor infra- tion 2303(b)(2): (c) AUTHORIZATION OF APPROPRIATIONS.— structure maintenance and research activi- (1) $5,000,000 for fiscal year 2002. There are authorized to be appropriated to ties: (2) $7,000,000 for fiscal year 2003. the Secretary to carry out this section— (1) Refueling of university research reac- (3) $8,000,000 for fiscal year 2004. (1) $10,000,000 for fiscal year 2002; and tors with low enriched fuels, upgrade of oper- (4) $9,000,000 for fiscal year 2005. (2) such sums as are necessary for fiscal ational instrumentation, and sharing of re- (5) $10,000,000 for fiscal year 2006. year 2003 and fiscal year 2004. actors among universities. (d) NUCLEAR ENGINEERING EDUCATION RE- Subtitle C—Department of Energy (2) In collaboration with the United States SEARCH PROGRAM.—Of the funds authorized Authorization of Appropriations by subsection (a), the following sums are au- nuclear industry, assistance, where nec- SEC. 2341. NUCLEAR ENERGY RESEARCH INITIA- essary, in relicensing and upgrading univer- thorized to be appropriated to carry out sec- tion 2303(b)(3): TIVE. sity training reactors as part of a student (a) PROGRAM.—The Secretary, through the training program. (1) $8,000,000 for fiscal year 2002. (2) $12,000,000 for fiscal year 2003. Office of Nuclear Energy, Science and Tech- (3) A university reactor research and train- nology, shall conduct a Nuclear Energy Re- ing award program that provides for reactor (3) $13,000,000 for fiscal year 2004. (4) $15,000,000 for fiscal year 2005. search Initiative for grants to be competi- improvements as part of a focused effort that tively awarded and subject to peer review for emphasizes research, training, and edu- (5) $20,000,000 for fiscal year 2006. (e) COMMUNICATION AND OUTREACH RELATED research relating to nuclear energy. cation. BJECTIVES TO NUCLEAR SCIENCE AND ENGINEERING.—Of (b) O .—The program shall be di- (d) UNIVERSITY-DOE LABORATORY INTER- the funds authorized by subsection (a), the rected toward accomplishing the objectives ACTIONS.—The Secretary, through the Office of— of Nuclear Energy, Science and Technology, following sums are authorized to be appro- priated to carry out section 2303(b)(5): (1) developing advanced concepts and sci- shall develop— (1) $200,000 for fiscal year 2002. entific breakthroughs in nuclear fission and (1) a sabbatical fellowship program for uni- (2) $200,000 for fiscal year 2003. reactor technology to address and overcome versity faculty to spend extended periods of (3) $300,000 for fiscal year 2004. the principal technical and scientific obsta- time at Department of Energy laboratories (4) $300,000 for fiscal year 2005. cles to the expanded use of nuclear energy in in the areas of nuclear science and tech- (5) $300,000 for fiscal year 2006. the United States; nology; and (f) REFUELING OF UNIVERSITY RESEARCH RE- (2) advancing the state of nuclear tech- (2) a visiting scientist program in which ACTORS AND INSTRUMENTATION UPGRADES.—Of nology to maintain a competitive position in laboratory staff can spend time in academic the funds authorized by subsection (a), the foreign markets and a future domestic mar- nuclear science and engineering depart- following sums are authorized to be appro- ket; ments. priated to carry out section 2303(c)(1): (3) promoting and maintaining a United The Secretary may under subsection (b)(1) (1) $6,000,000 for fiscal year 2002. States nuclear science and engineering infra- provide for fellowships for students to spend (2) $6,500,000 for fiscal year 2003. structure to meet future technical chal- time at Department of Energy laboratories (3) $7,000,000 for fiscal year 2004. lenges; in the areas of nuclear science and tech- (4) $7,500,000 for fiscal year 2005. (4) providing an effective means to collabo- nology under the mentorship of laboratory (5) $8,000,000 for fiscal year 2006. rate on a cost-shared basis with inter- staff. (g) RELICENSING ASSISTANCE.—Of the funds national agencies and research organizations (e) OPERATIONS AND MAINTENANCE.—To the authorized by subsection (a), the following to address and influence nuclear technology extent that the use of a university research sums are authorized to be appropriated to development worldwide; and reactor is funded under this subtitle, funds carry out section 2303(c)(2): (5) promoting United States leadership and authorized under this subtitle may be used (1) $1,000,000 for fiscal year 2002. partnerships in bilateral and multilateral to supplement operation of the research re- (2) $1,100,000 for fiscal year 2003. nuclear energy research. actor during the investigator’s proposed ef- (3) $1,200,000 for fiscal year 2004. (c) AUTHORIZATION OF APPROPRIATIONS.— fort. The host institution shall provide at (4) $1,300,000 for fiscal year 2005. There are authorized to be appropriated to least 50 percent of the cost of the reactor’s (5) $1,300,000 for fiscal year 2006. the Secretary to carry out this section— operation. (h) REACTOR RESEARCH AND TRAINING (1) $60,000,000 for fiscal year 2002; and (f) MERIT REVIEW REQUIRED.—All grants, AWARD PROGRAM.—Of the funds authorized (2) such sums as are necessary for fiscal contracts, cooperative agreements, or other by subsection (a), the following sums are au- year 2003 and fiscal year 2004. financial assistance awards under this sub- thorized to be appropriated to carry out sec- SEC. 2342. NUCLEAR ENERGY PLANT OPTIMIZA- title shall be made only after independent tion 2303(c)(3): TION PROGRAM. merit review. (1) $6,000,000 for fiscal year 2002. (a) PROGRAM.—The Secretary, through the (g) REPORT.—Not later than 6 months after (2) $10,000,000 for fiscal year 2003. Office of Nuclear Energy, Science and Tech- the date of the enactment of this Act, the (3) $14,000,000 for fiscal year 2004. nology, shall conduct a Nuclear Energy Secretary shall prepare and transmit to the (4) $18,000,000 for fiscal year 2005. Plant Optimization research and develop- appropriate congressional committees a 5- (5) $20,000,000 for fiscal year 2006. ment program jointly with industry and year plan on how the programs authorized in (i) UNIVERSITY-DOE LABORATORY INTER- cost-shared by industry by at least 50 per- this subtitle will be implemented. The plan ACTIONS.—Of the funds authorized by sub- cent and subject to annual review by the shall include a review of the projected per- section (a), the following sums are author- Secretary’s Nuclear Energy Research Advi- sonnel needs in the fields of nuclear science ized to be appropriated to carry out section sory Committee or other independent entity, and engineering and of the scope of nuclear 2303(d): as appropriate. science and engineering education programs (1) $1,000,000 for fiscal year 2002. (b) OBJECTIVES.—The program shall be di- at the Department and other Federal agen- (2) $1,100,000 for fiscal year 2003. rected toward accomplishing the objectives cies. (3) $1,200,000 for fiscal year 2004. of— SEC. 2304. AUTHORIZATION OF APPROPRIATIONS. (4) $1,300,000 for fiscal year 2005. (1) managing long-term effects of compo- (a) TOTAL AUTHORIZATION.—The following (5) $1,300,000 for fiscal year 2006. nent aging; and sums are authorized to be appropriated to Subtitle B—Advanced Fuel Recycling Tech- (2) improving the efficiency and produc- the Secretary, to remain available until ex- nology Research and Development Pro- tivity of existing nuclear power stations. pended, for the purposes of carrying out this gram (c) AUTHORIZATION OF APPROPRIATIONS.— subtitle: SEC. 2321. PROGRAM. There are authorized to be appropriated to (1) $30,200,000 for fiscal year 2002. (a) IN GENERAL.—The Secretary, through the Secretary to carry out this section— (2) $41,000,000 for fiscal year 2003. the Director of the Office of Nuclear Energy, (1) $15,000,000 for fiscal year 2002; and (3) $47,900,000 for fiscal year 2004. Science and Technology, shall conduct an (2) such sums as are necessary for fiscal (4) $55,600,000 for fiscal year 2005. advanced fuel recycling technology research years 2003 and 2004. (5) $64,100,000 for fiscal year 2006. and development program to further the SEC. 2343. NUCLEAR ENERGY TECHNOLOGIES. (b) GRADUATE AND UNDERGRADUATE FEL- availability of proliferation-resistant fuel re- (a) IN GENERAL.—The Secretary, through LOWSHIPS.—Of the funds authorized by sub- cycling technologies as an alternative to the Office of Nuclear Energy, Science and section (a), the following sums are author- aqueous reprocessing in support of evalua- Technology, shall conduct a study of Genera- ized to be appropriated to carry out section tion of alternative national strategies for tion IV nuclear energy systems, including 2303(b)(1): spent nuclear fuel and the Generation IV ad- development of a technology roadmap and (1) $3,000,000 for fiscal year 2002. vanced reactor concepts, subject to annual performance of research and development (2) $3,100,000 for fiscal year 2003. review by the Secretary’s Nuclear Energy necessary to make an informed technical de- (3) $3,200,000 for fiscal year 2004. Research Advisory Committee or other inde- cision regarding the most promising can- (4) $3,200,000 for fiscal year 2005. pendent entity, as appropriate. didates for commercial application.

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(b) REACTOR CHARACTERISTICS.—To the ex- fiscal year 2003, and $207,000,000 for fiscal (3) Effective Environmental Protection. tent practicable, in conducting the study year 2004, to remain available until ex- SEC. 2422. GAS. under subsection (a), the Secretary shall pended. The Secretary shall conduct a program of study nuclear energy systems that offer the (b) CONSTRUCTION.—There are authorized to research, development, demonstration, and highest probability of achieving the goals for be appropriated to the Secretary— commercial application on natural gas tech- Generation IV nuclear energy systems, in- (1) $950,000 for fiscal year 2002, $2,200,000 for nologies. The program shall address— cluding— fiscal year 2003, $1,246,000 for fiscal year 2004, (1) Exploration and Production; (1) economics competitive with any other and $1,699,000 for fiscal year 2005 for comple- (2) Infrastructure; and generators; tion of construction of Project 99-E-200, Test (3) Effective Environmental Protection. (2) enhanced safety features, including pas- Reactor Area Electric Utility Upgrade, Idaho SEC. 2423. NATURAL GAS AND OIL DEPOSITS RE- sive safety features; National Engineering and Environmental PORT. (3) substantially reduced production of Laboratory; and Two years after the date of the enactment high-level waste, as compared with the quan- (2) $500,000 for fiscal year 2002, $500,000 for of this Act, and at 2-year intervals there- tity of waste produced by reactors in oper- fiscal year 2003, $500,000 for fiscal year 2004, after, the Secretary of the Interior, in con- ation on the date of the enactment of this and $500,000 for fiscal year 2005, for comple- sultation with other appropriate Federal Act; tion of construction of Project 95-E-201, Test agencies, shall transmit a report to the Con- (4) highly proliferation-resistant fuel and Reactor Area Fire and Life Safety Improve- gress assessing the contents of natural gas waste; ments, Idaho National Engineering and Envi- and oil deposits at existing drilling sites off (5) sustainable energy generation including ronmental Laboratory. the coast of Louisiana and Texas. optimized fuel utilization; and (c) LIMITS ON USE OF FUNDS.—None of the SEC. 2424. OIL SHALE RESEARCH. (6) substantially improved thermal effi- funds authorized to be appropriated in sub- There are authorized to be appropriated to ciency, as compared with the thermal effi- section (a) may be used for— the Secretary of Energy for fiscal year 2002 ciency of reactors in operation on the date of (1) Nuclear Energy Isotope Support and $10,000,000, to be divided equally between the enactment of this Act. Production; grants for research on Eastern oil shale and (c) CONSULTATION.—In conducting the (2) Argonne National Laboratory-West Op- grants for research on Western oil shale. study under subsection (a), the Secretary erations; Subtitle C—Ultra-Deepwater and shall consult with appropriate representa- (3) Fast Flux Test Facility; or Unconventional Drilling tives of industry, institutions of higher edu- (4) Nuclear Facilities Management. SEC. 2441. SHORT TITLE. cation, Federal agencies, and international, TITLE IV—FOSSIL ENERGY This subtitle may be cited as the ‘‘Natural professional, and technical organizations. Subtitle A—Coal Gas and Other Petroleum Research, Develop- (d) REPORT.— ment, and Demonstration Act of 2001’’. (1) IN GENERAL.—Not later than December SEC. 2401. COAL AND RELATED TECHNOLOGIES PROGRAMS. SEC. 2442. DEFINITIONS. 31, 2002, the Secretary shall transmit to the For purposes of this subtitle— (a) AUTHORIZATION OF APPROPRIATIONS.— appropriate congressional committees a re- (1) the term ‘‘deepwater’’ means water There are authorized to be appropriated to port describing the activities of the Sec- depths greater than 200 meters but less than the Secretary $172,000,000 for fiscal year 2002, retary under this section, and plans for re- 1,500 meters; $179,000,000 for fiscal year 2003, and search and development leading to a public/ (2) the term ‘‘Fund’’ means the Ultra-Deep- $186,000,000 for fiscal year 2004, to remain private cooperative demonstration of one or water and Unconventional Gas Research available until expended, for other coal and more Generation IV nuclear energy systems. Fund established under section 2450; related technologies research and develop- (2) CONTENTS.—The report shall contain— (3) the term ‘‘institution of higher edu- ment programs, which shall include— (A) an assessment of all available tech- cation’’ has the meaning given that term in (1) Innovations for Existing Plants; nologies; section 101 of the Higher Education Act of (2) Integrated Gasification Combined (B) a summary of actions needed for the 1965 (20 U.S.C. 1001); Cycle; most promising candidates to be considered (4) the term ‘‘Research Organization’’ (3) advanced combustion systems; as viable commercial options within the five means the Research Organization created (4) Turbines; to ten years after the date of the report, with pursuant to section 2446(a); (5) Sequestration Research and Develop- consideration of regulatory, economic, and (5) the term ‘‘ultra-deepwater’’ means ment; technical issues; water depths greater than 1,500 meters; and (6) innovative technologies for demonstra- (C) a recommendation of not more than (6) the term ‘‘unconventional’’ means lo- tion; three promising Generation IV nuclear en- cated in heretofore inaccessible or uneco- (7) Transportation Fuels and Chemicals; ergy system concepts for further develop- nomic formations on land. (8) Solid Fuels and Feedstocks; ment; SEC. 2443. ULTRA-DEEPWATER PROGRAM. (D) an evaluation of opportunities for pub- (9) Advanced Fuels Research; and (10) Advanced Research. The Secretary shall establish a program of lic/private partnerships; research, development, and demonstration of (b) LIMIT ON USE OF FUNDS.—Notwith- (E) a recommendation for structure of a ultra-deepwater natural gas and other petro- public/private partnership to share in devel- standing subsection (a), no funds may be used to carry out the activities authorized leum exploration and production tech- opment and construction costs; nologies, in areas currently available for (F) a plan leading to the selection and con- by this section after September 30, 2002, un- less the Secretary has transmitted to the Outer Continental Shelf leasing. The pro- ceptual design, by September 30, 2004, of at gram shall be carried out by the Research least one Generation IV nuclear energy sys- Congress the report required by this sub- section and 1 month has elapsed since that Organization as provided in this subtitle. tem concept recommended under subpara- SEC. 2444. NATIONAL ENERGY TECHNOLOGY LAB- graph (C) for demonstration through a pub- transmission. The report shall include a plan containing— ORATORY. lic/private partnership; The National Energy Technology Labora- (1) a detailed description of how proposals (G) an evaluation of opportunities for tory and the United States Geological Sur- will be solicited and evaluated, including a siting demonstration facilities on Depart- vey, when appropriate, shall carry out pro- list of all activities expected to be under- ment of Energy land; and grams of long-term research into new nat- taken; (H) a recommendation for appropriate in- ural gas and other petroleum exploration (2) a detailed list of technical milestones volvement of other Federal agencies. and production technologies and environ- for each coal and related technology that (e) AUTHORIZATION OF APPROPRIATIONS.— mental mitigation technologies for produc- will be pursued; There are authorized to be appropriated to tion from unconventional and ultra-deep- (3) a description of how the programs au- the Secretary to carry out this section and water resources, including methane hy- thorized in this section will be carried out so to carry out the recommendations in the re- drates. Such Laboratory shall also conduct a as to complement and not duplicate activi- port transmitted under subsection (d)— program of research, development, and dem- ties authorized under division E. (1) $20,000,000 for fiscal year 2002; and onstration of new technologies for the reduc- (c) GASIFICATION.—The Secretary shall (2) such sums as are necessary for fiscal tion of greenhouse gas emissions from un- fund at least one gasification project with year 2003 and fiscal year 2004. conventional and ultra-deepwater natural the funds authorized under this section. SEC. 2344. AUTHORIZATION OF APPROPRIATIONS. gas or other petroleum exploration and pro- (a) OPERATION AND MAINTENANCE.—There Subtitle B—Oil and Gas duction activities, including sub-sea floor are authorized to be appropriated to the Sec- SEC. 2421. PETROLEUM-OIL TECHNOLOGY. carbon sequestration technologies. retary to carry out activities authorized The Secretary shall conduct a program of SEC. 2445. ADVISORY COMMITTEE. under this title for nuclear energy operation research, development, demonstration, and (a) ESTABLISHMENT.—The Secretary shall, and maintenance, including amounts author- commercial application on petroleum-oil within 3 months after the date of the enact- ized under sections 2304(a), 2321(c), 2341(c), technology. The program shall address— ment of this Act, establish an Advisory Com- 2342(c), and 2343(e), and including Advanced (1) Exploration and Production Supporting mittee consisting of 7 members, each having Radioisotope Power Systems, Test Reactor Research; extensive operational knowledge of and expe- Landlord, and Program Direction, (2) Oil Technology Reservoir Management/ rience in the natural gas and other petro- $191,200,000 for fiscal year 2002, $199,000,000 for Extension; and leum exploration and production industry

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who are not Federal Government employees of unconventional reservoirs, while improv- (c) ALLOCATION OF FUNDS.—Funds available or contractors. A minimum of 4 members ing safety and minimizing environmental for grants under this subtitle shall be allo- shall have extensive knowledge of ultra- impacts. cated as follows: deepwater natural gas or other petroleum ex- (2) ULTRA-DEEPWATER.—The Research Or- (1) 15 percent shall be for grants under sub- ploration and production technologies, a ganization shall award grants for research, section (a)(1). minimum of 2 members shall have extensive development, and demonstration of natural (2) 15 percent shall be for grants under sub- knowledge of unconventional natural gas or gas or other petroleum exploration and pro- section (a)(2). other petroleum exploration and production duction technologies to— (3) 60 percent shall be for grants under sub- technologies, and at least 1 member shall (A) maximize the value of the Federal Gov- section (a)(3). have extensive knowledge of greenhouse gas ernment’s natural gas and other petroleum (4) 10 percent shall be for carrying out sec- emission reduction technologies, including resources in the ultra-deepwater areas; tion 2444. carbon sequestration. (B) increase the supply of natural gas and SEC. 2448. PLAN AND FUNDING. (b) FUNCTION.—The Advisory Committee other petroleum resources by lowering the (a) TRANSMITTAL TO SECRETARY.—The Re- shall advise the Secretary on the selection of cost and improving the efficiency of explo- search Organization shall transmit to the an organization to create the Research Orga- ration and production of ultra-deepwater res- Secretary an annual plan proposing projects nization and on the implementation of this ervoirs; and and funding of activities under each para- subtitle. (C) improve safety and minimize the envi- graph of section 2447(a). (c) COMPENSATION.—Members of the Advi- ronmental impacts of ultra-deepwater devel- (b) REVIEW.—The Secretary shall have 1 sory Committee shall serve without com- opments. month to review the annual plan, and shall pensation but shall receive travel expenses, (3) ULTRA-DEEPWATER ARCHITECTURE.—The approve the plan, if it is consistent with this including per diem in lieu of subsistence, in Research Organization shall award a grant subtitle. If the Secretary approves the plan, accordance with applicable provisions under to one or more consortia described in section the Secretary shall provide funding as pro- subchapter I of chapter 57 of title 5, United 2446(d)(1)(D) for the purpose of developing posed in the plan. States Code. and demonstrating the next generation ar- (c) DISAPPROVAL.—If the Secretary does not approve the plan, the Secretary shall no- (d) ADMINISTRATIVE COSTS.—The costs of chitecture for ultra-deepwater production of tify the Research Organization of the rea- activities carried out by the Secretary and natural gas and other petroleum in further- sons for disapproval and shall withhold fund- the Advisory Committee under this subtitle ance of the purposes stated in paragraph ing until a new plan is submitted which the shall be paid or reimbursed from the Fund. (2)(A) through (C). (e) DURATION OF ADVISORY COMMITTEE.— Secretary approves. Within 1 month after no- Section 14 of the Federal Advisory Com- (b) CONDITIONS FOR GRANTS.—Grants pro- tifying the Research Organization of a dis- mittee Act shall not apply to the Advisory vided under this section shall contain the approval, the Secretary shall notify the ap- Committee. following conditions: propriate congressional committees of the SEC. 2446. RESEARCH ORGANIZATION. (1) If the grant recipient consists of more disapproval. (a) SELECTION OF RESEARCH ORGANIZA- than one entity, the recipient shall provide a SEC. 2449. AUDIT. TION.—The Secretary, within 6 months after signed contract agreed to by all partici- The Secretary shall retain an independent, the date of the enactment of this Act, shall pating members clearly defining all rights to commercial auditor to determine the extent solicit proposals from eligible entities for intellectual property for existing technology to which the funds authorized by this sub- the creation of the Research Organization, and for future inventions conceived and de- title have been expended in a manner con- and within 3 months after such solicitation, veloped using funds provided under the sistent with the purposes of this subtitle. shall select an entity to create the Research grant, in a manner that is consistent with The auditor shall transmit a report annually Organization. applicable laws. to the Secretary, who shall transmit the re- (b) ELIGIBLE ENTITIES.—Entities eligible to (2) There shall be a repayment schedule for port to the appropriate congressional com- create the Research Organization shall— Federal dollars provided for demonstration mittees, along with a plan to remedy any de- (1) have been in existence as of the date of projects under the grant in the event of a ficiencies cited in the report. the enactment of this Act; successful commercialization of the dem- SEC. 2450. FUND. (2) be entities exempt from tax under sec- onstrated technology. Such repayment (a) ESTABLISHMENT.—There is established tion 501(c)(3) of the Internal Revenue Code of schedule shall provide that the payments are in the Treasury of the United States a fund 1986; and made to the Secretary with the express in- to be known as the ‘‘Ultra-Deepwater and (3) be experienced in planning and man- tent that these payments not impede the Unconventional Gas Research Fund’’ which aging programs in natural gas or other pe- adoption of the demonstrated technology in shall be available for obligation to the ex- troleum exploration and production re- the marketplace. In the event that such im- tent provided in advance in appropriations search, development, and demonstration. pedance occurs due to market forces or other Acts for allocation under section 2447(c). (c) PROPOSALS.—A proposal from an entity factors, the Research Organization shall re- (b) FUNDING SOURCES.— seeking to create the Research Organization negotiate the grant agreement so that the (1) LOANS FROM TREASURY.—There are au- shall include a detailed description of the acceptance of the technology in the market- thorized to be appropriated to the Secretary proposed membership and structure of the place is enabled. $900,000,000 for the period encompassing fis- Research Organization. (3) Applications for grants for demonstra- cal years 2002 through 2009. Such amounts (d) FUNCTIONS.—The Research Organization tion projects shall clearly state the intended shall be deposited by the Secretary in the shall— commercial applications of the technology Fund, and shall be considered loans from the (1) award grants on a competitive basis to demonstrated. Treasury. Income received by the United qualified— (4) The total amount of funds made avail- States in connection with any ultra-deep- (A) research institutions; able under a grant provided under subsection water oil and gas leases shall be deposited in (B) institutions of higher education; (a)(3) shall not exceed 50 percent of the total the Treasury and considered as repayment (C) companies; and cost of the activities for which the grant is for the loans under this paragraph. (D) consortia formed among institutions provided. (2) ADDITIONAL APPROPRIATIONS.—There are and companies described in subparagraphs (5) The total amount of funds made avail- authorized to be appropriated to the Sec- (A) through (C) for the purpose of conducting able under a grant provided under subsection retary such sums as may be necessary for the research, development, and demonstration of (a)(1) or (2) shall not exceed 50 percent of the fiscal years 2002 through 2009, to be deposited unconventional and ultra-deepwater natural total cost of the activities covered by the in the Fund. gas or other petroleum exploration and pro- grant, except that the Research Organization (3) OIL AND GAS LEASE INCOME.—To the ex- duction technologies; and may elect to provide grants covering a high- tent provided in advance in appropriations (2) review activities under those grants to er percentage, not to exceed 90 percent, of Acts, not more than 7.5 percent of the in- ensure that they comply with the require- total project costs in the case of grants made come of the United States from Federal oil ments of this subtitle and serve the purposes solely to independent producers. and gas leases may be deposited in the Fund for which the grant was made. (6) An appropriate amount of funds pro- for fiscal years 2002 through 2009. SEC. 2447. GRANTS. vided under a grant shall be used for the SEC. 2451. SUNSET. (a) TYPES OF GRANTS.— broad dissemination of technologies devel- No funds are authorized to be appropriated (1) UNCONVENTIONAL.—The Research Orga- oped under the grant to interested institu- for carrying out this subtitle after fiscal nization shall award grants for research, de- tions of higher education, industry, and ap- year 2009. The Research Organization shall velopment, and demonstration of tech- propriate Federal and State technology enti- be terminated when it has expended all funds nologies to maximize the value of the Gov- ties to ensure the greatest possible benefits made available pursuant to this subtitle. ernment’s natural gas and other petroleum for the public and use of government re- Subtitle D—Fuel Cells resources in unconventional reservoirs, and sources. SEC. 2461. FUEL CELLS. to develop technologies to increase the sup- (7) Demonstrations of ultra-deepwater (a) IN GENERAL.—The Secretary shall con- ply of natural gas and other petroleum re- technologies for which funds are provided duct a program of research, development, sources by lowering the cost and improving under a grant may be conducted in ultra- demonstration, and commercial application the efficiency of exploration and production deepwater or deepwater locations. on fuel cells. The program shall address—

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9907 (1) Advanced Research; (7) each of these reviews stressed the need lized with appropriate measurements and (2) Systems Development; for a magnetic fusion burning plasma experi- control tools; (3) Vision 21-Hybrids; and ment to address key scientific issues and as (2) to ensure a strengthened fusion science (4) Innovative Concepts. a necessary step in the development of fusion theory and computational base; (b) MANUFACTURING PRODUCTION AND PROC- energy; (3) to ensure that the selection of and fund- ESSES.—In addition to the program under (8) the National Research Council has also ing for new magnetic and inertial fusion re- subsection (a), the Secretary, in consultation called for a broadening of the Fusion Energy search facilities is based on scientific inno- other Federal agencies, as appropriate, shall Sciences Program research base as a means vation and cost effectiveness; establish a program for the demonstration of to more fully integrate the fusion science (4) to improve the communication of sci- fuel cell technologies, including fuel cell pro- community into the broader scientific com- entific results and methods between the fu- ton exchange membrane technology, for munity; and sion science community and the wider sci- commercial, residential, and transportation (9) the Fusion Energy Sciences Program entific community; applications. The program shall specifically budget is inadequate to support the nec- (5) to ensure that adequate support is pro- focus on promoting the application of and essary science and innovation for the present vided to optimize the design of the magnetic improved manufacturing production and generation of experiments, and cannot ac- fusion burning plasma experiments referred processes for fuel cell technologies. commodate the cost of a burning plasma ex- to in section 2503; (c) AUTHORIZATION OF APPROPRIATIONS.— periment constructed by the United States, (6) to ensure that inertial confinement fu- Within the amounts authorized to be appro- or even the cost of key participation by the sion facilities are utilized to the extent prac- priated under section 2481(a), there are au- United States in an international effort. ticable for the purpose of inertial fusion en- thorized to be appropriated to the Secretary SEC. 2503. PLAN FOR FUSION EXPERIMENT. ergy research and development; for the purpose of carrying out subsection (a) PLAN FOR UNITED STATES FUSION EX- (7) to develop a roadmap for a fusion-based (b), $28,000,000 for each of fiscal years 2002 PERIMENT.—The Secretary, on the basis of energy source that shows the important sci- through 2004. full consultation with the Fusion Energy entific questions, the evolution of confine- Subtitle E—Department of Energy Sciences Advisory Committee and the Sec- ment configurations, the relation between Authorization of Appropriations retary of Energy Advisory Board, as appro- these two features, and their relation to the SEC. 2481. AUTHORIZATION OF APPROPRIATIONS. priate, shall develop a plan for United States fusion energy goal; construction of a magnetic fusion burning (8) to establish several new centers of ex- (a) OPERATION AND MAINTENANCE.—There are authorized to be appropriated to the Sec- plasma experiment for the purpose of accel- cellence, selected through a competitive retary for operation and maintenance for erating scientific understanding of fusion peer-review process and devoted to exploring plasmas. The Secretary shall request a re- subtitle B and subtitle D, and for Fossil En- the frontiers of fusion science; view of the plan by the National Academy of ergy Research and Development Head- (9) to ensure that the National Science Sciences, and shall transmit the plan and the quarters Program Direction, Field Program Foundation, and other agencies, as appro- review to the Congress by July 1, 2004. Direction, Plant and Capital Equipment, Co- priate, play a role in extending the reach of (b) REQUIREMENTS OF PLAN.—The plan de- operative Research and Development, Im- fusion science and in sponsoring general scribed in subsection (a) shall— plasma science; and port/Export Authorization, and Advanced (1) address key burning plasma physics Metallurgical Processes $282,000,000 for fiscal (10) to ensure that there be continuing issues; and broad assessments of the outlook for fusion year 2002, $293,000,000 for fiscal year 2003, and (2) include specific information on the sci- $305,000,000 for fiscal year 2004, to remain energy and periodic external reviews of fu- entific capabilities of the proposed experi- sion energy sciences. available until expended. ment, the relevance of these capabilities to IMITS ON USE OF FUNDS.—None of the SEC. 2505. AUTHORIZATION OF APPROPRIATIONS. (b) L the goal of practical fusion energy, and the funds authorized to be appropriated in sub- overall design of the experiment including There are authorized to be appropriated to section (a) may be used for— its estimated cost and potential construction the Secretary for the development and re- (1) Gas Hydrates. sites. view, but not for implementation, of the (2) Fossil Energy Environmental Restora- (c) UNITED STATES PARTICIPATION IN AN plans described in this subtitle and for ac- tion; or INTERNATIONAL EXPERIMENT.—In addition to tivities of the Fusion Energy Sciences Pro- (3) research, development, demonstration, the plan described in subsection (a), the Sec- gram $320,000,000 for fiscal year 2002 and and commercial application on coal and re- retary, on the basis of full consultation with $335,000,000 for fiscal year 2003, of which up to lated technologies, including activities the Fusion Energy Sciences Advisory Com- $15,000,000 for each of fiscal year 2002 and fis- under subtitle A. mittee and the Secretary of Energy Advisory cal year 2003 may be used to establish several TITLE V—SCIENCE Board, as appropriate, may also develop a new centers of excellence, selected through a Subtitle A—Fusion Energy Sciences plan for United States participation in an competitive peer-review process and devoted international burning plasma experiment for to exploring the frontiers of fusion science. SEC. 2501. SHORT TITLE. the same purpose, whose construction is This subtitle may be cited as the ‘‘Fusion Subtitle B—Spallation Neutron Source found by the Secretary to be highly likely Energy Sciences Act of 2001’’. and where United States participation is SEC. 2521. DEFINITION. SEC. 2502. FINDINGS. cost effective relative to the cost and sci- For the purposes of this subtitle, the term The Congress finds that— entific benefits of a domestic experiment de- ‘‘Spallation Neutron Source’’ means Depart- (1) economic prosperity is closely linked to scribed in subsection (a). If the Secretary ment Project 99–E–334, Oak Ridge National an affordable and ample energy supply; elects to develop a plan under this sub- Laboratory, Oak Ridge, Tennessee. (2) environmental quality is closely linked section, he shall include the information de- SEC. 2522. AUTHORIZATION OF APPROPRIATIONS. to energy production and use; scribed in subsection (b), and an estimate of (a) AUTHORIZATION OF CONSTRUCTION FUND- (3) population, worldwide economic devel- the cost of United States participation in ING.—There are authorized to be appro- opment, energy consumption, and stress on such an international experiment. The Sec- priated to the Secretary for construction of the environment are all expected to increase retary shall request a review by the National the Spallation Neutron Source— substantially in the coming decades; Academies of Sciences and Engineering of a (1) $276,300,000 for fiscal year 2002; (4) the few energy options with the poten- plan developed under this subsection, and (2) $210,571,000 for fiscal year 2003; tial to meet economic and environmental shall transmit the plan and the review to the (3) $124,600,000 for fiscal year 2004; needs for the long-term future should be pur- Congress not later than July 1, 2004. (4) $79,800,000 for fiscal year 2005; and sued as part of a balanced national energy (d) AUTHORIZATION OF RESEARCH AND DE- (5) $41,100,000 for fiscal year 2006 for com- plan; VELOPMENT.—The Secretary, through the Fu- pletion of construction. (5) fusion energy is an attractive long-term sion Energy Sciences Program, may conduct (b) AUTHORIZATION OF OTHER PROJECT energy source because of the virtually inex- any research and development necessary to FUNDING.—There are authorized to be appro- haustible supply of fuel, and the promise of fully develop the plans described in this sec- priated to the Secretary for other project minimal adverse environmental impact and tion. inherent safety; costs (including research and development SEC. 2504. PLAN FOR FUSION ENERGY SCIENCES necessary to complete the project, (6) the National Research Council, the PROGRAM. President’s Committee of Advisers on Not later than 6 months after the date of preoperations costs, and capital equipment Science and Technology, and the Secretary the enactment of this Act, the Secretary, in not related to construction) of the Spall- of Energy Advisory Board have each recently full consultation with FESAC, shall develop ation Neutron Source $15,353,000 for fiscal reviewed the Fusion Energy Sciences Pro- and transmit to the Congress a plan for the year 2002 and $103,279,000 for the period en- gram and each strongly supports the funda- purpose of ensuring a strong scientific base compassing fiscal years 2003 through 2006, to mental science and creative innovation of for the Fusion Energy Sciences Program and remain available until expended through the program, and has confirmed that to enable the experiments described in sec- September 30, 2006. progress toward the goal of producing prac- tion 2503. Such plan shall include as its ob- SEC. 2523. REPORT. tical fusion energy has been excellent, al- jectives— The Secretary shall report on the Spall- though much scientific and engineering work (1) to ensure that existing fusion research ation Neutron Source as part of the Depart- remains to be done; facilities and equipment are more fully uti- ment’s annual budget submission, including

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a description of the achievement of mile- (c) REPORT.— shall transmit its findings and recommenda- stones, a comparison of actual costs to esti- (1) TRANSMITTAL.—Within 1 year after the tions in a report to the Director of the Office mated costs, and any changes in estimated date of the enactment of this Act, the Sec- of Science and Technology Policy and the project costs or schedule. retary shall prepare and transmit to the ap- Secretary. The Director and the Secretary SEC. 2524. LIMITATIONS. propriate congressional committees a report shall jointly— The total amount obligated by the Depart- containing the plan prepared under sub- (1) consider each of the Panel’s findings ment, including prior year appropriations, section (b). and recommendations, and comment on each for the Spallation Neutron Source may not (2) CONTENTS.—For each nonmilitary en- as they consider appropriate; and exceed— ergy laboratory, such report shall contain— (2) transmit the Panel’s report and the (1) $1,192,700,000 for costs of construction; (A) the current priority list of proposed fa- comments of the Director and the Secretary (2) $219,000,000 for other project costs; and cilities and infrastructure projects, includ- on the report to the appropriate congres- (3) $1,411,700,000 for total project cost. ing cost and schedule requirements; sional committees within 9 months after the Subtitle C—Facilities, Infrastructure, and (B) a current ten-year plan that dem- date of the enactment of this Act. User Facilities onstrates the reconfiguration of its facilities Subtitle E—Department of Energy and infrastructure to meet its missions and SEC. 2541. DEFINITION. Authorization of Appropriations For purposes of this subtitle— to address its long-term operational costs and return on investment; SEC. 2581. AUTHORIZATION OF APPROPRIATIONS. (1) the term ‘‘nonmilitary energy labora- (a) OPERATION AND MAINTENANCE.—Includ- tory’’ means— (C) the total current budget for all facili- ties and infrastructure funding; and ing the amounts authorized to be appro- (A) Ames Laboratory; priated for fiscal year 2002 under section 2505 (B) Argonne National Laboratory; (D) the current status of each facilities and infrastructure project compared to the origi- for Fusion Energy Sciences and under sec- (C) Brookhaven National Laboratory; tion 2522(b) for the Spallation Neutron (D) Fermi National Accelerator Labora- nal baseline cost, schedule, and scope. (3) ADDITIONAL ELEMENTS.—The report Source, there are authorized to be appro- tory; priated to the Secretary for the Office of (E) Lawrence Berkeley National Labora- shall also— (A) include a plan for new facilities and fa- Science (also including subtitle C, High En- tory; ergy Physics, Nuclear Physics, Biological (F) Oak Ridge National Laboratory; cility modifications at each nonmilitary en- ergy laboratory that will be required to meet and Environmental Research, Basic Energy (G) Pacific Northwest National Labora- Sciences (except for the Spallation Neutron tory; the Department’s changing missions of the twenty-first century, including schedules Source), Advanced Scientific Computing Re- (H) Princeton Plasma Physics Laboratory; search, Energy Research Analysis, Multipro- (I) Stanford Linear Accelerator Center; and estimates for implementation, and in- gram Energy Laboratories-Facilities Sup- (J) Thomas Jefferson National Accelerator cluding a section outlining long-term fund- port, Facilities and Infrastructure, Safe- Facility; or ing requirements consistent with anticipated guards and Security, and Program Direction) (K) any other facility of the Department budgets and annual authorization of appro- operation and maintenance $3,299,558,000 for that the Secretary, in consultation with the priations; fiscal year 2002, to remain available until ex- Director, Office of Science and the appro- (B) address the coordination of moderniza- pended. priate congressional committees, determines tion and consolidation of facilities among (b) RESEARCH REGARDING PRECIOUS METAL to be consistent with the mission of the Of- the nonmilitary energy laboratories in order CATALYSIS.—Within the amounts authorized fice of Science; and to meet changing mission requirements; and to be appropriated to the Secretary under (2) the term ‘‘user facility’’ means— (C) provide for annual reports to the appro- subsection (a), $5,000,000 for fiscal year 2002 (A) an Office of Science facility at a non- priate congressional committees on accom- may be used to carry out research in the use military energy laboratory that provides plishments, conformance to schedules, com- of precious metals (excluding platinum, pal- special scientific and research capabilities, mitments, and expenditures. ladium, and rhodium) in catalysis, either di- including technical expertise and support as SEC. 2543. USER FACILITIES. rectly though national laboratories, or appropriate, to serve the research needs of (a) NOTICE REQUIREMENT.—When the De- through the award of grants, cooperative the Nation’s universities, industry, private partment makes a user facility available to laboratories, Federal laboratories, and oth- universities and other potential users, or agreements, or contracts with public or non- ers, including research institutions or indi- seeks input from universities and other po- profit entities. (c) CONSTRUCTION.—In addition to the viduals from other nations where reciprocal tential users regarding significant character- amounts authorized to be appropriated under accommodations are provided to United istics or equipment in a user facility or a section 2522(a) for construction of the Spall- States research institutions and individuals proposed user facility, the Department shall ation Neutron Source, there are authorized or where the Secretary considers such ac- ensure broad public notice of such avail- to be appropriated to the Secretary for commodation to be in the national interest; ability or such need for input to universities Science— and and other potential users. (b) COMPETITION REQUIREMENT.—When the (1) $19,400,000 for fiscal year 2002, $14,800,000 (B) any other Office of Science funded fa- Department considers the participation of a for fiscal year 2003, and $8,900,000 for fiscal cility designated by the Secretary as a user university or other potential user in the es- year 2004 for completion of constuction of facility. tablishment or operation of a user facility, Project 98–G–304, Neutrinos at the Main In- SEC. 2542. FACILITY AND INFRASTRUCTURE SUP- the Department shall employ full and open jector, Fermi National Accelerator Labora- PORT FOR NONMILITARY ENERGY competition in selecting such a participant. LABORATORIES. tory; (c) PROHIBITION.—The Department may not (a) FACILITY POLICY.—The Secretary shall (2) $11,405,000 for fiscal year 2002 for com- redesignate a user facility, as defined by sec- develop and implement a least-cost non- pletion of construction of Project 01-E-300, tion 2541(b) as something other than a user military energy laboratory facility and in- Laboratory for Comparative and Functional facility for avoid the requirements of sub- frastructure strategy for— Genomics, Oak Ridge National Laboratory; sections (a) and (b). (1) maintaining existing facilities and in- (3) $4,000,000 for fiscal year 2002, $8,000,000 frastructure, as needed; Subtitle D—Advisory Panel on Office of for fiscal year 2003, and $2,000,000 for fiscal (2) closing unneeded facilities; Science year 2004 for completion of construction of (3) making facility modifications; and SEC. 2561. ESTABLISHMENT. Project 02-SC-002, Project Engineering De- (4) building new facilities. The Director of the Office of Science and sign (PED), Various Locations; (b) PLAN.—The Secretary shall prepare a Technology Policy, in consultation with the (4) $3,183,000 for fiscal year 2002 for comple- comprehensive 10-year plan for conducting Secretary, shall establish an Advisory Panel tion of construction of Project 02-SC-002, future facility maintenance, making repairs, on the Office of Science comprised of knowl- Multiprogram Energy Laboratories Infra- modifications, and new additions, and con- edgeable individuals to— structure Project Engineering Design (PED), structing new facilities at each nonmilitary (1) address concerns about the current sta- Various Locations; and energy laboratory. Such plan shall provide tus and the future of scientific research sup- (5) $18,633,000 for fiscal year 2002 and for facilities work in accordance with the ported by the Office; $13,029,000 for fiscal year 2003 for completion following priorities: (2) examine alternatives to the current or- of construction of Project MEL-001, Multi- (1) Providing for the safety and health of ganizational structure of the Office within program Energy Laboratories, Infrastruc- employees, visitors, and the general public the Department, taking into consideration ture, Various Locations. with regard to correcting existing struc- existing structures for the support of sci- (d) LIMITS ON USE OF FUNDS.—None of the tural, mechanical, electrical, and environ- entific research in other Federal agencies funds authorized to be appropriated in sub- mental deficiencies. and the private sector; and section (c) may be used for construction at (2) Providing for the repair and rehabilita- (3) suggest actions to strengthen the sci- any national security laboratory as defined tion of existing facilities to keep them in use entific research supported by the Office that in section 3281(1) of the National Defense Au- and prevent deterioration, if feasible. might be taken jointly by the Department thorization Act for Fiscal Year 2000 (50 (3) Providing engineering design and con- and Congress. U.S.C. 2471(1)) or at any nuclear weapons pro- struction services for those facilities that re- SEC. 2562. REPORT. duction facility as defined in section 3281(2) quire modification or additions in order to Within 6 months after the date of the en- of the National Defense Authorization Act meet the needs of new or expanded programs. actment of this Act, the Advisory Panel for Fiscal Year 2000 (50 U.S.C. 2471(2)).

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9909 TITLE VI—MISCELLANEOUS (2) extending a contract, cooperative SEC. 2604. LIMITATION ON DEMONSTRATION AND Subtitle A—General Provisions for the agreement, cooperative research and devel- COMMERCIAL APPLICATION OF EN- ERGY TECHNOLOGY. Department of Energy opment agreement under the Stevenson- Except as otherwise provided in this divi- SEC. 2601. RESEARCH, DEVELOPMENT, DEM- Wydler Technology Innovation Act of 1980, grant, joint venture, or any other form of sion, the Secretary shall provide funding for ONSTRATION, AND COMMERCIAL AP- scientific or energy demonstration and com- PLICATION OF ENERGY TECH- agreement available to the Secretary that mercial application of energy technology NOLOGY PROGRAMS, PROJECTS, relates to research, development, and dem- programs, projects, or activities only for AND ACTIVITIES. onstration to cover commercial application technologies or processes that can be reason- (a) AUTHORIZED ACTIVITIES.—Except as oth- of energy technology. ably expected to yield new, measurable bene- erwise provided in this division, research, de- (h) APPLICATION OF SECTION.—This section velopment, demonstration, and commercial shall not apply to any contract, cooperative fits to the cost, efficiency, or performance of application programs, projects, and activi- agreement, cooperative research and devel- the technology or process. ties for which appropriations are authorized opment agreement under the Stevenson- SEC. 2605. REPROGRAMMING. under this division may be carried out under Wydler Technology Innovation Act of 1980 (15 (a) AUTHORITY.—The Secretary may use the procedures of the Federal Nonnuclear U.S.C. 3701 et seq.), grant, joint venture, or amounts appropriated under this division for Energy Research and Development Act of any other form of agreement available to the a program, project, or activity other than 1974 (42 U.S.C. 5901 et seq.), the Atomic En- Secretary that is in effect as of the date of the program, project, or activity for which ergy Act of 1954 (42 U.S.C. 2011 et seq.), or the enactment of this Act. such amounts were appropriated only if— (1) the Secretary has transmitted to the any other Act under which the Secretary is SEC. 2602. LIMITS ON USE OF FUNDS. appropriate congressional committees a re- authorized to carry out such programs, (a) MANAGEMENT AND OPERATING CON- port described in subsection (b) and a period projects, and activities, but only to the ex- TRACTS.— of 30 days has elapsed after such committees tent the Secretary is authorized to carry out (1) COMPETITIVE PROCEDURE REQUIREMENT.— receive the report; such activities under each such Act. None of the funds authorized to be appro- (2) amounts used for the program, project, (b) AUTHORIZED AGREEMENTS.—Except as priated to the Secretary by this division may otherwise provided in this division, in car- be used to award a management and oper- or activity do not exceed— rying out research, development, demonstra- ating contract for a federally owned or oper- (A) 105 percent of the amount authorized tion, and commercial application programs, ated nonmilitary energy laboratory of the for the program, project, or activity; or projects, and activities for which appropria- Department unless such contract is awarded (B) $250,000 more than the amount author- tions are authorized under this division, the using competitive procedures or the Sec- ized for the program, project, or activity, Secretary may use, to the extent authorized retary grants, on a case-by-case basis, a whichever is less; and under applicable provisions of law, contracts, waiver to allow for such a deviation. The (3) the program, project, or activity has cooperative agreements, cooperative re- Secretary may not delegate the authority to been presented to, or requested of, the Con- search and development agreements under grant such a waiver. gress by the Secretary. (b) REPORT.—(1) The report referred to in the Stevenson-Wydler Technology Innova- (2) CONGRESSIONAL NOTICE.—At least 2 subsection (a) is a report containing a full tion Act of 1980 (15 U.S.C. 3701 et seq.), months before a contract award, amend- and complete statement of the action pro- grants, joint ventures, and any other form of ment, or modification for which the Sec- posed to be taken and the facts and cir- agreement available to the Secretary. retary intends to grant such a waiver, the cumstances relied upon in support of the pro- (c) DEFINITION.—For purposes of this sec- Secretary shall submit to the appropriate posed action. tion, the term ‘‘joint venture’’ has the mean- congressional committees a report notifying (2) In the computation of the 30-day period ing given that term under section 2 of the the committees of the waiver and setting under subsection (a), there shall be excluded National Cooperative Research and Produc- forth the reasons for the waiver. any day on which either House of Congress is tion Act of 1993 (15 U.S.C. 4301), except that (b) PRODUCTION OR PROVISION OF ARTICLES not in session because of an adjournment of such term may apply under this section to OR SERVICES.—None of the funds authorized more than 3 days to a day certain. research, development, demonstration, and to be appropriated to the Secretary by this (c) LIMITATIONS.—(1) In no event may the commercial application of energy technology division may be used to produce or provide total amount of funds obligated by the Sec- joint ventures. articles or services for the purpose of selling retary pursuant to this division exceed the (d) PROTECTION OF INFORMATION.—Section the articles or services to a person outside total amount authorized to be appropriated 12(c)(7) of the Stevenson-Wydler Technology the Federal Government, unless the Sec- to the Secretary by this division. Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)), retary determines that comparable articles (2) Funds appropriated to the Secretary relating to the protection of information, or services are not available from a commer- pursuant to this division may not be used for shall apply to research, development, dem- cial source in the United States. an item for which Congress has declined to onstration, and commercial application of (c) REQUESTS FOR PROPOSALS.—None of the authorize funds. energy technology programs, projects, and funds authorized to be appropriated to the Subtitle B—Other Miscellaneous Provisions activities for which appropriations are au- Secretary by this division may be used by SEC. 2611. NOTICE OF REORGANIZATION. thorized under this division. the Department to prepare or initiate Re- The Secretary shall provide notice to the (e) INVENTIONS.—An invention conceived quests for Proposals for a program if the pro- appropriate congressional committees not and developed by any person using funds pro- gram has not been authorized by Congress. later than 15 days before any reorganization vided through a grant under this division SEC. 2603. COST SHARING. of any environmental research or develop- shall be considered a subject invention for (a) RESEARCH AND DEVELOPMENT.—Except ment, scientific or energy research, develop- the purposes of chapter 18 of title 35, United as otherwise provided in this division, for re- ment, or demonstration, or commercial ap- States Code (commonly referred to as the search and development programs carried plication of energy technology program, Bayh-Dole Act). out under this division, the Secretary shall project, or activity of the Department. (f) OUTREACH.—The Secretary shall ensure require a commitment from non-Federal SEC. 2612. LIMITS ON GENERAL PLANT that each program authorized by this divi- sources of at least 20 percent of the cost of PROJECTS. sion includes an outreach component to pro- the project. The Secretary may reduce or If, at any time during the construction of vide information, as appropriate, to manu- eliminate the non-Federal requirement a civilian environmental research and devel- facturers, consumers, engineers, architects, under this subsection if the Secretary deter- opment, scientific or energy research, devel- builders, energy service companies, univer- mines that the research and development is opment, or demonstration, or commercial sities, facility planners and managers, State of a basic or fundamental nature. application of energy technology project of and local governments, and other entities. (b) DEMONSTRATION AND COMMERCIAL AP- the Department for which no specific funding (g) GUIDELINES AND PROCEDURES.—The Sec- PLICATION.—Except as otherwise provided in level is provided by law, the estimated cost retary shall provide guidelines and proce- this division, the Secretary shall require at (including any revision thereof) of the dures for the transition, where appropriate, least 50 percent of the costs directly and spe- project exceeds $5,000,000, the Secretary may of energy technologies from research cifically related to any demonstration or not continue such construction unless the through development and demonstration to commercial application project under this Secretary has furnished a complete report to commercial application of energy tech- division to be provided from non-Federal the appropriate congressional committees nology. Nothing in this section shall pre- sources. The Secretary may reduce the non- explaining the project and the reasons for clude the Secretary from— Federal requirement under this subsection if the estimate or revision. (1) entering into a contract, cooperative the Secretary determines that the reduction SEC. 2613. LIMITS ON CONSTRUCTION PROJECTS. agreement, cooperative research and devel- is necessary and appropriate considering the (a) LIMITATION.—Except as provided in sub- opment agreement under the Stevenson- technological risks involved in the project section (b), construction on a civilian envi- Wydler Technology Innovation Act of 1980 (15 and is necessary to meet the objectives of ronmental research and development, sci- U.S.C. 3701 et seq.), grant, joint venture, or this division. entific or energy research, development, or any other form of agreement available to the (c) CALCULATION OF AMOUNT.—In calcu- demonstration, or commercial application of Secretary under this section that relates to lating the amount of the non-Federal com- energy technology project of the Department research, development, demonstration, and mitment under subsection (a) or (b), the Sec- for which funding has been specifically pro- commercial application of energy tech- retary may include personnel, services, vided by law may not be started, and addi- nology; or equipment, and other resources. tional obligations may not be incurred in

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9910 CONGRESSIONAL RECORD — SENATE September 26, 2001 connection with the project above the au- sults of such review to the appropriate con- ergy systems and residential energy con- thorized funding amount, whenever the cur- gressional committees. servation measures), by striking ‘‘20 per- rent estimated cost of the construction (b) REVIEW AND RECOMMENDATIONS ON cent’’ and inserting ‘‘30 percent’’. project exceeds by more than 10 percent the USING THE NATION’S ENERGY RESOURCES (c) COOPERATIVE HOUSING MORTGAGE INSUR- higher of— MORE EFFICIENTLY.—Upon completion of the ANCE.—Section 213(p) of the National Hous- (1) the amount authorized for the project, Office of Science and Technology Policy and ing Act (12 U.S.C. 1715e(p)) is amended by if the entire project has been funded by the the President’s Council of Advisors on striking ‘‘20 per centum’’ and inserting ‘‘30 Congress; or Science and Technology reviewing and mak- percent’’. (2) the amount of the total estimated cost ing recommendations on using the Nation’s (d) REHABILITATION AND NEIGHBORHOOD for the project as shown in the most recent energy resources more efficiently, in re- CONSERVATION HOUSING MORTGAGE INSUR- budget justification data submitted to Con- sponse to the recommendation of the May 16, ANCE.—Section 220(d)(3)(B)(iii) of the Na- gress. 2001, Report of the National Energy Policy tional Housing Act (12 U.S.C. (b) NOTICE.—An action described in sub- Development Group, the Director of the Of- 1715k(d)(3)(B)(iii)) is amended by striking ‘‘20 section (a) may be taken if— fice of Science and Technology Policy shall per centum’’ and inserting ‘‘30 percent’’. (1) the Secretary has submitted to the ap- transmit a report containing the results of (e) LOW-INCOME MULTIFAMILY HOUSING propriate congressional committees a report such review and recommendations to the ap- MORTGAGE INSURANCE.—Section 221(k) of the on the proposed actions and the cir- propriate congressional committees. National Housing Act (12 U.S.C. 1715l(k)) is cumstances making such actions necessary; SEC. 2616. PERIODIC REVIEWS AND ASSESS- amended by striking ‘‘20 per centum’’ and in- and MENTS. serting ‘‘30 percent’’. (2) a period of 30 days has elapsed after the The Secretary shall enter into appropriate (f) ELDERLY HOUSING MORTGAGE INSUR- date on which the report is received by the arrangements with the National Academies ANCE.—The proviso at the end of section committees. of Sciences and Engineering to ensure that 213(c)(2) of the National Housing Act (12 (c) EXCLUSION.—In the computation of the there be periodic reviews and assessments of U.S.C. 1715v(c)(2)) is amended by striking ‘‘20 30-day period described in subsection (b)(2), the programs authorized by this division, as per centum’’ and inserting ‘‘30 percent’’. there shall be excluded any day on which ei- well as the measurable cost and perform- (g) CONDOMINIUM HOUSING MORTGAGE IN- ther House of Congress is not in session be- ance-based goals for such programs as estab- SURANCE.—Section 234(j) of the National cause of an adjournment of more than 3 days lished under section 2004, and the progress on Housing Act (12 U.S.C. 1715y(j)) is amended to a day certain. meeting such goals. Such reviews and assess- by striking ‘‘20 per centum’’ and inserting (d) EXCEPTION.—Subsections (a) and (b) ments shall be conducted at least every 5 ‘‘30 percent’’. shall not apply to any construction project years, or more often as the Secretary con- SEC. 4104. PUBLIC HOUSING CAPITAL FUND. that has a current estimated cost of less siders necessary, and the Secretary shall Section 9(d)(1) of the United States Hous- than $5,000,000. transmit to the appropriate congressional ing Act of 1937 (42 U.S.C. 1437g(d)(1)) is SEC. 2614. AUTHORITY FOR CONCEPTUAL AND committees reports containing the results of amended— CONSTRUCTION DESIGN. such reviews and assessments. (1) in subparagraph (I), by striking ‘‘and’’ (a) REQUIREMENT FOR CONCEPTUAL DE- DIVISION C at the end; (2) in subparagraph (K), by striking the pe- SIGN.—(1) Subject to paragraph (2) and except SEC. 4101. CAPACITY BUILDING FOR ENERGY-EF- as provided in paragraph (3), before submit- FICIENT, AFFORDABLE HOUSING. riod at the end and inserting ‘‘; and’’; and ting to Congress a request for funds for a Section 4(b) of the HUD Demonstration (3) by adding at the end the following new construction project that is in support of a Act of 1993 (42 U.S.C. 9816 note) is amended— subparagraph: civilian environmental research and develop- (1) in paragraph (1), by inserting before the ‘‘(L) improvement of energy and water-use ment, scientific or energy research, develop- semicolon at the end the following: ‘‘, includ- efficiency by installing fixtures and fittings ment, or demonstration, or commercial ap- ing capabilities regarding the provision of that conform to the American Society of Me- plication of energy technology program, energy efficient, affordable housing and resi- chanical Engineers/American National project, or activity of the Department, the dential energy conservation measures’’; and Standards Institute standards A112.19.2-1998 Secretary shall complete a conceptual design (2) in paragraph (2), by inserting before the and A112.18.1-2000, or any revision thereto, for that project. semicolon the following: ‘‘, including such applicable at the time of installation, and by (2) If the estimated cost of completing a activities relating to the provision of energy increasing energy efficiency and water con- conceptual design for a construction project efficient, affordable housing and residential servation by such other means as the Sec- exceeds $750,000, the Secretary shall submit energy conservation measures that benefit retary determines are appropriate.’’. to Congress a request for funds for the con- low-income families’’. SEC. 4105. GRANTS FOR ENERGY-CONSERVING ceptual design before submitting a request IMPROVEMENTS FOR ASSISTED SEC. 4102. INCREASE OF CDBG PUBLIC SERVICES HOUSING. for funds for the construction project. CAP FOR ENERGY CONSERVATION (3) The requirement in paragraph (1) does AND EFFICIENCY ACTIVITIES. Section 251(b)(1) of the National Energy not apply to a request for funds for a con- Section 105(a)(8) of the Housing and Com- Conservation Policy Act (42 U.S.C. 8231(1)) is struction project, the total estimated cost of munity Development Act of 1974 (42 U.S.C. amended— which is less than $5,000,000. 5305(a)(8)) is amended— (1) by striking ‘‘financed with loans’’ and (b) AUTHORITY FOR CONSTRUCTION DESIGN.— (1) by inserting ‘‘or efficiency’’ after ‘‘en- inserting ‘‘assisted’’; (1) The Secretary may carry out construc- ergy conservation’’; (2) by inserting after ‘‘1959,’’ the following: tion design (including architectural and en- (2) by striking ‘‘, and except that’’ and in- ‘‘which are eligible multifamily housing gineering services) in connection with any serting ‘‘; except that’’; and projects (as such term is defined in section proposed construction project that is in sup- (3) by inserting before the period at the end 512 of the Multifamily Assisted Housing Re- port of a civilian environmental research and the following: ‘‘; and except that each per- form and Affordability Act of 1997 (42 U.S.C. development, scientific or energy research, centage limitation under this paragraph on 1437f note)) and are subject to a mortgage re- development, and demonstration, or com- the amount of assistance provided under this structuring and rental assistance sufficiency mercial application of energy technology title that may be used for the provision of plans under such Act,’’; and program, project, or activity of the Depart- public services is hereby increased by 10 per- (3) by inserting after the period at the end ment if the total estimated cost for such de- cent, but such percentage increase may be of the first sentence the following new sen- sign does not exceed $250,000. used only for the provision of public services tence: ‘‘Such improvements may also include (2) If the total estimated cost for construc- concerning energy conservation or effi- the installation of energy and water con- tion design in connection with any construc- ciency’’. serving fixtures and fittings that conform to the American Society of Mechanical Engi- tion project described in paragraph (1) ex- SEC. 4103. FHA MORTGAGE INSURANCE INCEN- ceeds $250,000, funds for such design must be TIVES FOR ENERGY EFFICIENT neers/American National Standards Institute specifically authorized by law. HOUSING. standards A112.19.2-1998 and A112.18.1-2000, or SEC. 2615. NATIONAL ENERGY POLICY DEVELOP- (a) SINGLE FAMILY HOUSING MORTGAGE IN- any revision thereto, applicable at the time MENT GROUP MANDATED REPORTS. SURANCE.—Section 203(b)(2) of the National of installation.’’. (a) THE SECRETARY’S REVIEW OF ENERGY Housing Act (12 U.S.C. 1709(b)(2)) is amended, SEC. 4106. NORTH AMERICAN DEVELOPMENT EFFICIENCY RENEWABLE ENERGY, AND ALTER- in the first undesignated paragraph begin- BANK. NATIVE ENERGY RESEARCH AND DEVELOP- ning after subparagraph (B)(iii) (relating to Part 2 of subtitle D of title V of the North MENT.—Upon completion of the Secretary’s solar energy systems)— American Free Trade Agreement Implemen- review of current funding and historic per- (1) by inserting ‘‘or paragraph (10)’’; and tation Act (22 U.S.C. 290m–290m-3) is amend- formance of the Department’s energy effi- (2) by striking ‘‘20 percent’’ and inserting ed by adding at the end the following: ciency, renewable energy, and alternative ‘‘30 percent’’. ‘‘SEC. 545. SUPPORT FOR CERTAIN ENERGY POLI- energy research and development programs (b) MULTIFAMILY HOUSING MORTGAGE IN- CIES. in response to the recommendations of the SURANCE.—Section 207(c) of the National ‘‘Consistent with the focus of the Bank’s May 16, 2001, Report of the National Energy Housing Act (12 U.S.C. 1713(c)) is amended, in Charter on environmental infrastructure Policy Development Group, the Secretary the second undesignated paragraph begin- projects, the Board members representing shall transmit a report containing the re- ning after paragraph (3) (relating to solar en- the United States should use their voice and

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vote to encourage the Bank to finance (b) CONSULTATION.—In establishing the cost (b) TECHNICAL CRITERIA FOR CLEAN COAL projects related to clean and efficient en- and performance goals, the Secretary shall POWER INITIATIVE.— ergy, including energy conservation, that consult with representatives of— (1) GASIFICATION.—(A) In allocating the prevent, control, or reduce environmental (1) the United States coal industry; funds authorized under section 5005(a), the pollutants or contaminants.’’. (2) State coal development agencies; Secretary shall ensure that at least 80 per- DIVISION E (3) the electric utility industry; cent of the funds are used only for projects (4) railroads and other transportation in- on coal-based gasification technologies, in- SEC. 5000. SHORT TITLE. dustries; cluding gasification combined cycle, gasifi- This division may be cited as the ‘‘Clean (5) manufacturers of advanced coal-based cation fuel cells, gasification coproduction Coal Power Initiative Act of 2001’’. equipment; and hybrid gasification/combustion. SEC. 5001. FINDINGS. (6) institutions of higher learning, national (B) The Secretary shall set technical mile- Congress finds that— laboratories, and professional and technical stones specifying emissions levels that coal (1) reliable, affordable, increasingly clean societies; gasification projects must be designed to and electricity will continue to power the grow- (7) organizations representing workers; reasonably expected to achieve. The mile- ing United States economy; (8) organizations formed to— stones shall get more restrictive through the (2) an increasing use of (A) promote the use of coal; life of the program. The milestones shall be electrotechnologies, the desire for contin- (B) further the goals of environmental pro- designed to achieve by 2020 coal gasification uous environmental improvement, a more tection; and projects able— competitive electricity market, and con- (C) promote the production and generation (i) to remove 99 percent of sulfur dioxide; cerns about rising energy prices add impor- of coal-based power from advanced facilities; (ii) to emit no more than .05 lbs of NOx per tance to the need for reliable, affordable, in- and million BTU; creasingly clean electricity; (9) other appropriate Federal and State (iii) to achieve substantial reductions in (3) coal, which, as of the date of the enact- agencies. mercury emissions; and ment of this Act, accounts for more than 1⁄2 (c) TIMING.—The Secretary shall— (iv) to achieve a thermal efficiency of 60 of all electricity generated in the United (1) not later than 120 days after the date of percent (higher heating value). States, is the most abundant fossil energy the enactment of this Act, issue a set of (2) OTHER PROJECTS.—For projects not de- resource of the United States; draft cost and performance goals for public scribed in paragraph (1), the Secretary shall (4) coal comprises more than 85 percent of comment; and set technical milestones specifying emis- all fossil resources in the United States and (2) not later than 180 days after the date of sions levels that the projects must be de- exists in quantities sufficient to supply the the enactment of this Act, after taking into signed to and reasonably expected to United States for 250 years at current usage consideration any public comments received, achieve. The milestones shall get more re- rates; submit to the Committee on Energy and strictive through the life of the program. (5) investments in electricity generating Commerce and the Committee on Science of The milestones shall be designed to achieve facility emissions control technology over the House of Representatives, and to the by 2010 projects able— the past 30 years have reduced the aggregate Senate, the final cost and performance goals. (A) to remove 97 percent of sulfur dioxide; emissions of pollutants from coal-based gen- SEC. 5005. AUTHORIZATION OF APPROPRIATIONS. (B) to emit no more than .08 lbs of NOx per erating facilities by 21 percent, even as coal (a) CLEAN COAL POWER INITIATIVE.—Except million BTU; use for electricity generation has nearly tri- as provided in subsection (b), there are au- (C) to achieve substantial reductions in pled; thorized to be appropriated to the Secretary mercury emissions; and (6) continuous improvement in efficiency to carry out the Clean Coal Power Initiative (D) to achieve a thermal efficiency of 45 and environmental performance from elec- under section 5003 $200,000,000 for each of the percent (higher heating value). tricity generating facilities would allow con- fiscal years 2002 through 2011, to remain (c) FINANCIAL CRITERIA.—The Secretary tinued use of coal and preserve less abundant available until expended. shall not provide a funding award under this energy resources for other energy uses; (b) LIMIT ON USE OF FUNDS.—Notwith- division unless the recipient has documented standing subsection (a), no funds may be (7) new ways to convert coal into elec- to the satisfaction of the Secretary that— used to carry out the activities authorized tricity can effectively eliminate health- (1) the award recipient is financially viable by this Act after September 30, 2002, unless threatening emissions and improve effi- without the receipt of additional Federal the Secretary has transmitted to the Com- ciency by as much as 50 percent, but initial funding; deployment of new coal generation methods mittee on Energy and Commerce and the Committee on Science of the House of Rep- (2) the recipient will provide sufficient in- and equipment entails significant risk that formation to the Secretary for the Secretary generators may be unable to accept in a resentatives, and to the Senate, the report required by this subsection and 1 month has to ensure that the award funds are spent effi- newly competitive electricity market; and ciently and effectively; and (8) continued environmental improvement elapsed since that transmission. The report shall include, with respect to subsection (a), (3) a market exists for the technology in coal-based generation and increasing the being demonstrated or applied, as evidenced production and supply of power generation a 10-year plan containing— (1) a detailed assessment of whether the by statements of interest in writing from po- facilities with less air emissions, with the ul- tential purchasers of the technology. timate goal of near-zero emissions, is impor- aggregate funding levels provided under sub- (d) FINANCIAL ASSISTANCE.—The Secretary tant and desirable. section (a) are the appropriate funding levels for that program; shall provide financial assistance to projects SEC. 5002. DEFINITIONS. (2) a detailed description of how proposals that meet the requirements of subsections In this division: will be solicited and evaluated, including a (a), (b), and (c) and are likely to— (1) COST AND PERFORMANCE GOALS.—The list of all activities expected to be under- (1) achieve overall cost reductions in the term ‘‘cost and performance goals’’ means taken; utilization of coal to generate useful forms the cost and performance goals established (3) a detailed list of technical milestones of energy; under section 5004. for each coal and related technology that (2) improve the competitiveness of coal (2) SECRETARY.—The term ‘‘Secretary’’ will be pursued; among various forms of energy in order to means the Secretary of Energy. (4) recommendations for a mechanism for maintain a diversity of fuel choices in the SEC. 5003. CLEAN COAL POWER INITIATIVE. recoupment of Federal funding for successful United States to meet electricity generation (a) IN GENERAL.—The Secretary shall carry commercial projects; and requirements; and out a program under— (5) a detailed description of how the pro- (3) demonstrate methods and equipment (1) this division; gram will avoid problems enumerated in that are applicable to 25 percent of the elec- (2) the Federal Nonnuclear Energy Re- General Accounting Office reports on the tricity generating facilities that use coal as search and Development Act of 1974 (42 Clean Coal Technology Program, including the primary feedstock as of the date of the U.S.C. 5901 et seq.); problems that have resulted in unspent funds enactment of this Act. (3) the Energy Reorganization Act of 1974 and projects that failed either financially or (e) FEDERAL SHARE.—The Federal share of (42 U.S.C. 5801 et seq.); and scientifically. the cost of a coal or related technology (4) title XIII of the Energy Policy Act of (c) APPLICABILITY.—Subsection (b) shall project funded by the Secretary shall not ex- 1992 (42 U.S.C. 13331 et seq.), not apply to any project begun before Sep- ceed 50 percent. to achieve cost and performance goals estab- tember 30, 2002. (f) APPLICABILITY.—Neither the use of any lished by the Secretary under section 5004. SEC. 5006. PROJECT CRITERIA. particular technology, nor the achievement SEC. 5004. COST AND PERFORMANCE GOALS. (a) IN GENERAL.—The Secretary shall not of any emission reduction, by any facility re- (a) REVIEW AND ASSESSMENT.—The Sec- provide funding under this division for any ceiving assistance under this title shall be retary shall perform an assessment that es- project that does not advance efficiency, en- taken into account for purposes of making tablishes measurable cost and performance vironmental performance, and cost competi- any determination under the Clean Air Act goals for 2005, 2010, 2015, and 2020 for the pro- tiveness well beyond the level of tech- in applying the provisions of that Act to a grams authorized by this division. Such as- nologies that are in operation or have been facility not receiving assistance under this sessment shall be based on the latest sci- demonstrated as of the date of the enact- title, including any determination con- entific, economic, and technical knowledge. ment of this Act. cerning new source performance standards,

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lowest achievable emission rate, best avail- (b) LIMITATIONS.— sory Council on Historic Preservation, and able control technology, or any other stand- (1) IN GENERAL.—The Secretary shall not such other agencies as the Secretary of En- ard, requirement, or limitation. include in the inventory under this section ergy and the Federal Energy Regulatory SEC. 5007. STUDY. the matters to be identified in the inventory Commission consider appropriate. (a) IN GENERAL.—Not later than 1 year under section 604 of the Energy Act of 2000 (c) TERMS OF AGREEMENT.—The inter- after the date of the enactment of this Act, (43 U.S.C. 6217). agency agreement shall require that agen- and once every 2 years thereafter through (2) WIND AND SOLAR POWER.—The inventory cies complete their review of interstate pipe- 2016, the Secretary, in cooperation with under this section— line projects within a specific period of time other appropriate Federal agencies, shall (A) with respect to wind power production after referral of the matter by the Federal transmit to the Committee on Energy and shall be limited to sites having a mean aver- Energy Regulatory Commission. Commerce and the Committee on Science of age wind speed— (d) SUBMITTAL OF AGREEMENT.—The Sec- the House of Representatives, and to the (i) exceeding 12.5 miles per hour at a height retary of Energy shall submit a final inter- Senate, a report containing the results of a of 33 feet; and agency agreement under this section to the study to— (ii) exceeding 15.7 miles per hour at a Congress by not later than 6 months after (1) identify efforts (and the costs and peri- height of 164 feet; and the effective date of this section. ods of time associated with those efforts) (B) with respect to solar power production SEC. 6105. ENHANCING ENERGY EFFICIENCY IN that, by themselves or in combination with shall be limited to areas rated as receiving MANAGEMENT OF FEDERAL LANDS. other efforts, may be capable of achieving 450 watts per square meter or greater. (a) SENSE OF THE CONGRESS.—It is the sense the cost and performance goals; (c) EXAMINATION OF RESTRICTIONS AND IM- of Congress that Federal land managing (2) develop recommendations for the De- PEDIMENTS.—The inventory shall identify the agencies should enhance the use of energy ef- partment of Energy to promote the efforts extent and nature of any restrictions or im- ficient technologies in the management of identified under paragraph (1); and pediments to the development of such energy natural resources. (3) develop recommendations for additional production potential. (b) ENERGY EFFICIENT BUILDINGS.—To the authorities required to achieve the cost and (d) GEOTHERMAL POWER.—The inventory extent economically practicable, the Sec- performance goals. shall include an update of the 1978 Assess- retary of the Interior and the Secretary of (b) EXPERT ADVICE.—In carrying out this ment of Geothermal Resources by the United Agriculture shall seek to incorporate energy section, the Secretary shall give due weight States Geological Survey. efficient technologies in public and adminis- to the expert advice of representatives of the (e) COMPLETION AND UPDATING.—The Sec- trative buildings associated with manage- entities described in section 5004(b). retary— ment of the National Park System, National SEC. 5008. CLEAN COAL CENTERS OF EXCEL- (1) shall complete the inventory by not Wildlife Refuge System, National Forest LENCE. later than 2 years after the date of the enact- System, and other public lands and resources As part of the program authorized in sec- ment of this Act; and managed by such Secretaries. tion 5003, the Secretary shall award competi- (2) shall update the inventory regularly (c) ENERGY EFFICIENT VEHICLES.—To the tive, merit-based grants to universities for thereafter. extent economically practicable, the Sec- the establishment of Centers of Excellence (f) REPORTS.—The Secretary shall submit retary of the Interior and the Secretary of for Energy Systems of the Future. The Sec- to the Committee on Resources of the House Agriculture shall seek to use energy efficient retary shall provide grants to universities of Representatives and to the Committee on motor vehicles, including vehicles equipped that can show the greatest potential for ad- Energy and Natural Resources of the Senate with biodiesel or hybrid engine technologies, vancing new clean coal technologies. and make publicly available— in the management of the National Park DIVISION D (1) a report containing the inventory under System, National Wildlife Refuge System, SEC. 6001. SHORT TITLE. this section, by not later than 2 years after and other public lands and managed by the This division may be cited as the ‘‘Energy the effective date of this section; and Secretaries. (2) each update of such inventory. Security Act’’. SEC. 6106. EFFICIENT INFRASTRUCTURE DEVEL- TITLE I—GENERAL PROTECTIONS FOR SEC. 6103. REVIEW OF REGULATIONS TO ELIMI- OPMENT. ENERGY SUPPLY AND SECURITY NATE BARRIERS TO EMERGING EN- ERGY TECHNOLOGY. (a) IN GENERAL.—The Secretary of Energy SEC. 6101. STUDY OF EXISTING RIGHTS-OF-WAY and the Chairman of the Federal Energy (a) IN GENERAL.—Each Federal agency ON FEDERAL LANDS TO DETERMINE Regulatory Commission shall jointly under- CAPABILITY TO SUPPORT NEW PIPE- shall carry out a review of its regulations and standards to determine those that act as take a study of the location and extent of LINES OR OTHER TRANSMISSION FA- anticipated demand growth for natural gas CILITIES. a barrier to market entry for emerging en- consumption in the Western States, herein (a) IN GENERAL.—Within 1 year after the ergy-efficient technologies, including fuel defined as the area covered by the Western date of the enactment of this Act, the head cells, combined heat and power, and distrib- System Coordinating Council. of each Federal agency that has authorized a uted generation (including small-scale re- (b) CONTENTS.—The study under subsection right-of-way across Federal lands for trans- newable energy). (a) shall include the following: portation of energy supplies or transmission (b) REPORT TO CONGRESS.—No later than 18 (1) A review of natural gas demand fore- of electricity shall review each such right-of- months after date of the enactment of this way and submit a report to the Secretary of Act, each agency shall provide a report to casts by Western State officials, such as the Energy and the Chairman of the Federal En- the Congress and the President detailing all California Energy Commission and the Cali- ergy Regulatory Commission regarding— regulatory barriers to emerging energy-effi- fornia Public Utilities Commission, which (1) whether the right-of-way can be used to cient technologies, along with actions the indicate the forecasted levels of demand for support new or additional capacity; and agency intends to take, or has taken, to re- natural gas and the geographic distribution (2) what modifications or other changes, if move such barriers. of that forecasted demand. any, would be necessary to accommodate (c) PERIODIC REVIEW.—Each agency shall (2) A review of the locations of proposed such additional capacity. subsequently review its regulations and new natural gas-fired electric generation fa- (b) CONSULTATIONS AND CONSIDERATIONS.— standards in this manner no less frequently cilities currently in the approval process in In performing the review, the head of each than every 5 years, and report their findings the Western States, and their forecasted im- agency shall— to the Congress and the President. Such re- pact on natural gas demand. (1) consult with agencies of State, tribal, views shall include a detailed analysis of all (3) A review of the locations of existing or local units of government as appropriate; agency actions taken to remove existing bar- interstate natural gas transmission pipe- and riers to emerging energy technologies. lines, and interstate natural gas pipelines (2) consider whether safety or other con- SEC. 6104. INTERAGENCY AGREEMENT ON ENVI- currently in the planning stage or approval cerns related to current uses might preclude RONMENTAL REVIEW OF INTER- process, throughout the Western States. the availability of a right-of-way for addi- STATE NATURAL GAS PIPELINE (4) A review of the locations and capacity tional or new transportation or transmission PROJECTS. of intrastate natural gas pipelines in the facilities, and set forth those considerations (a) IN GENERAL.—The Secretary of Energy, Western States. in the report. in coordination with the Federal Energy (5) Recommendations for the coordination SEC. 6102. INVENTORY OF ENERGY PRODUCTION Regulatory Commission, shall establish an of the development of the natural gas infra- POTENTIAL OF ALL FEDERAL PUB- administrative interagency task force to de- structure indicated in paragraphs (1) through LIC LANDS. velop an interagency agreement to expedite (4). (a) INVENTORY REQUIREMENT.—The Sec- and facilitate the environmental review and (c) REPORT.—The Secretary shall report retary of the Interior, in consultation with permitting of interstate natural gas pipeline the findings and recommendations resulting the Secretary of Agriculture and the Sec- projects. from the study required by this section to retary of Energy, shall conduct an inventory (b) TASK FORCE MEMBERS.—The task force the Committee on Energy and Commerce of of the energy production potential of all Fed- shall include a representative of each of the the House of Representatives and to the eral public lands other than national park Bureau of Land Management, the United Committee on Energy and Natural Resources lands and lands in any wilderness area, with States Fish and Wildlife Service, the Army of the Senate no later than 6 months after respect to wind, solar, coal, and geothermal Corps of Engineers, the Forest Service, the the date of the enactment of this Act. The power production. Environmental Protection Agency, the Advi- Chairman of the Federal Energy Regulatory

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9913 Commission shall report on how the Com- terms and conditions that apply under leases SEC. 6223. ELIMINATION OF UNWARRANTED DE- mission will factor these results into its re- for other offshore areas that are competing NIALS AND STAYS. view of applications of interstate pipelines for the same limited offshore oil and gas ex- (a) IN GENERAL.—The Secretary shall en- within the Western States to the Committee ploration and development capital, including sure that unwarranted denials and stays of on Energy and Commerce of the House of offshore areas of West Africa and Brazil. lease issuance and unwarranted restrictions Representatives and to the Committee on (3) Recommend what level of incentives for on lease operations are eliminated from the Energy and Natural Resources of the Senate all water depths are appropriate in order to administration of oil and natural gas leasing no later than 6 months after the date of the ensure that the United States optimizes the on Federal land. enactment of this Act. domestic supply of oil and natural gas from (b) PREPARATION OF LEASING PLAN OR ANALYSIS.—In preparing a management plan TITLE II—OIL AND GAS DEVELOPMENT the offshore areas of the Gulf of Mexico that or leasing analysis for oil or natural gas Subtitle A—Offshore Oil and Gas are not subject to current leasing moratoria. Recommendations under this paragraph leasing on Federal lands administered by the SEC. 6201. SHORT TITLE. should be made in the context of the impor- Bureau of Land Management or the Forest This subtitle may be referred to as the tance of the oil and natural gas resources of Service, the Secretary concerned shall— ‘‘Royalty Relief Extension Act of 2001’’. the Gulf of Mexico to the future energy and (1) identify and review the restrictions on SEC. 6202. LEASE SALES IN WESTERN AND CEN- economic needs of the United States. surface use and operations imposed under TRAL PLANNING AREA OF THE GULF (b) REPORT.—Not later than 180 days after the laws (including regulations) of the State OF MEXICO. the date of the enactment of this Act, the in which the lands are located; (a) IN GENERAL.—For all tracts located in Secretary of the Interior shall submit a re- (2) consult with the appropriate State water depths of greater than 200 meters in port to the Committee on Resources in the agency regarding the reasons for the State the Western and Central Planning Area of House of Representatives and the Committee restrictions identified under paragraph (1); the Gulf of Mexico, including that portion of on Energy and Natural Resources in the Sen- (3) identify any differences between the the Eastern Planning Area of the Gulf of ate, summarizing the findings of the Na- State restrictions identified under paragraph Mexico encompassing whole lease blocks tional Academy of Sciences pursuant to sub- (1) and any restrictions on surface use and lying west of 87 degrees, 30 minutes West lon- section (a) and providing recommendations operations that would apply under the lease; gitude, any oil or gas lease sale under the of the Secretary for new policies or other ac- and Outer Continental Shelf Lands Act occurring tions that could help to further increase oil (4) prepare and provide upon request a within 2 years after the date of the enact- and natural gas production from the Gulf of written explanation of such differences. ment of this Act shall use the bidding sys- Mexico. (c) REJECTION OF OFFER TO LEASE.— tem authorized in section 8(a)(1)(H) of the Subtitle B—Improvements to Federal Oil and (1) IN GENERAL.—If the Secretary rejects an Outer Continental Shelf Lands Act (30 U.S.C. Gas Management offer to lease Federal lands for oil or natural 1337(a)(1)(H)), except that the suspension of SEC. 6221. SHORT TITLE. gas development on the ground that the land royalties shall be set at a volume of not less This subtitle may be cited as the ‘‘Federal is unavailable for oil and natural gas leasing, than the following: Oil and Gas Lease Management Improve- the Secretary shall provide a written, de- (1) 5 million barrels of oil equivalent for ment Demonstration Program Act of 2001’’. tailed explanation of the reasons the land is each lease in water depths of 400 to 800 me- SEC. 6222. STUDY OF IMPEDIMENTS TO EFFI- unavailable for leasing. ters. CIENT LEASE OPERATIONS. (2) PREVIOUS RESOURCE MANAGEMENT DECI- (2) 9 million barrels of oil equivalent for (a) IN GENERAL.—The Secretary of the In- SION.—If the determination of unavailability each lease in water depths of 800 to 1,600 me- terior and the Secretary of Agriculture shall is based on a previous resource management ters. jointly undertake a study of the impedi- decision, the explanation shall include a (3) 12 million barrels of oil equivalent for ments to efficient oil and gas leasing and op- careful assessment of whether the reasons each lease in water depths greater than 1,600 erations on Federal onshore lands in order to underlying the previous decision are still meters. identify means by which unnecessary im- persuasive. (b) RELATIONSHIP TO EXISTING AUTHORITY.— pediments to the expeditious exploration and (3) SEGREGATION OF AVAILABLE LAND FROM Except as expressly provided in this section, production of oil and natural gas on such UNAVAILABLE LAND.—The Secretary may not nothing in this section is intended to limit lands can be removed. reject an offer to lease Federal land for oil the authority of the Secretary of the Inte- (b) CONTENTS.—The study under subsection and natural gas development that is avail- rior under the Outer Continental Shelf Lands (a) shall include the following: able for such leasing on the ground that the Act (43 U.S.C. 1301 et seq.) to provide royalty (1) A review of the process by which Fed- offer includes land unavailable for leasing. suspension. eral land managers accept or reject an offer The Secretary shall segregate available land SEC. 6203. SAVINGS CLAUSE. to lease, including the timeframes in which from unavailable land, on the offeror’s re- Nothing in this subtitle shall be construed such offers are acted upon, the reasons for quest following notice by the Secretary, be- to affect any offshore pre-leasing, leasing, or any delays in acting upon such offers, and fore acting on the offer to lease. development moratorium, including any any recommendations for expediting the re- (d) DISAPPROVAL OR REQUIRED MODIFICA- moratorium applicable to the Eastern Plan- sponse to such offers. TION OF SURFACE USE PLANS OF OPERATIONS ning Area of the Gulf of Mexico located off (2) A review of the approval process for ap- AND APPLICATION FOR PERMIT TO DRILL.—The the Gulf Coast of Florida. plications for permits to drill, including the Secretary shall provide a written, detailed SEC. 6204. ANALYSIS OF GULF OF MEXICO FIELD timeframes in which such applications are explanation of the reasons for disapproving SIZE DISTRIBUTION, INTER- approved, the impact of compliance with or requiring modifications of any surface use NATIONAL COMPETITIVENESS, AND other Federal laws on such timeframes, any plan of operations or application for permit INCENTIVES FOR DEVELOPMENT. other reasons for delays in making such ap- to drill with respect to oil or natural gas de- (a) IN GENERAL.—The Secretary of the In- provals, and any recommendations for expe- velopment on Federal lands. terior and the Secretary of Energy shall diting such approvals. (e) PRESERVATION OF FEDERAL AUTHOR- enter into appropriate arrangements with (3) A review of the approval process for sur- ITY.—Nothing in this section or in any iden- the National Academy of Sciences to com- face use plans of operation, including the tification, review, or explanation prepared mission the Academy to perform the fol- timeframes in which such applications are under this section shall be construed— lowing: approved, the impact of compliance with (1) to limit the authority of the Federal (1) Conduct an analysis and review of exist- other Federal laws on such timeframes, any Government to impose lease stipulations, re- ing Gulf of Mexico oil and natural gas re- other reasons for delays in making such ap- strictions, requirements, or other terms that source assessments, including— provals, and any recommendations for expe- are different than those that apply under (A) analysis and review of assessments re- diting such approvals. State law; or cently performed by the Minerals Manage- (4) A review of the process for administra- (2) to affect the procedures that apply to ment Service, the 1999 National Petroleum tive appeal of decisions or orders of officers judicial review of actions taken under this Council Gas Study, the Department of Ener- or employees of the Bureau of Land Manage- subsection. gy’s Offshore Marginal Property Study, and ment with respect to a Federal oil or gas SEC. 6224. LIMITATION ON COST RECOVERY FOR the Advanced Resources International, Inc. lease, including the timeframes in which APPLICATIONS. Deepwater Gulf of Mexico model; and such appeals are heard and decided, any rea- Notwithstanding sections 304 and 504 of the (B) evaluation and comparison of the accu- sons for delays in hearing or deciding such Federal Land Policy and Management Act of racy of assumptions of the existing assess- appeals, and any recommendations for expe- 1976 (43 U.S.C. 1734, 1764) and section 9701 of ments with respect to resource field size dis- diting the appeals process. title 31, United States Code, the Secretary tribution, hydrocarbon potential, and sce- (c) REPORT.—The Secretaries shall report shall not recover the Secretary’s costs with narios for leasing, exploration, and develop- the findings and recommendations resulting respect to applications and other documents ment. from the study required by this section to relating to oil and gas leases. (2) Evaluate the lease terms and conditions the Committee on Resources of the House of SEC. 6225. CONSULTATION WITH SECRETARY OF offered by the Minerals Management Service Representatives and to the Committee on AGRICULTURE. for Lease Sale 178, and compare the financial Energy and Natural Resources of the Senate Section 17(h) of the Mineral Leasing Act incentives offered by such terms and condi- no later than 6 months after the date of the (30 U.S.C. 226(h)) is amended to read as fol- tions to financial incentives offered by the enactment of this Act. lows:

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9914 CONGRESSIONAL RECORD — SENATE September 26, 2001 ‘‘(h)(1) In issuing any lease on National gas taken under section 27(a)(3) of the Outer under subsection (c), the Secretary may not Forest System lands reserved from the pub- Continental Shlef Lands Act (43 U.S.C. reduce any payments to recipients of reve- lic domain, the Secretary of the Interior 1353(a)(3)) for not less than the market price; nues derived from any other Federal oil and shall consult with the Secretary of Agri- and gas lease as a consequence of that deduction. culture in determining stipulations on sur- (B) transport or process any oil or gas roy- (g) CONSULTATION WITH STATES.—The Sec- face use under the lease. alty taken in kind. retary of the Interior— ‘‘(2)(A) A lease on lands referred to in para- (4) The Secretary of the Interior may, not- (1) shall consult with a State before con- graph (1) may not be issued if the Secretary withstanding section 3302 of title 31, United ducting a royalty in kind program under this of Agriculture determines, after consulta- States Code, retain and use a portion of the title within the State, and may delegate tion under paragraph (1) and consultation revenues from the sale of oil and gas royal- management of any portion of the Federal with the Regional Forester having adminis- ties taken in kind that otherwise would be royalty in kind program to such State ex- trative jurisdiction over the National Forest deposited to miscellaneous receipts, without cept as otherwise prohibited by Federal law; System Lands concerned, that the terms and regard to fiscal year limitation, or may use and conditions of the lease, including any prohi- royalty production, to pay the cost of— (2) shall consult annually with any State bition on surface occupancy for lease oper- (A) transporting the oil or gas, from which Federal oil or gas royalty is ations, will not be sufficient to adequately (B) processing the gas, or being taken in kind to ensure to the max- protect such lands under the National Forest (C) disposing of the oil or gas. imum extent practicable that the royalty in Management Act of 1976 (16 U.S.C. 1600 et (5) The Secretary may not use revenues kind program provides revenues to the State seq.). from the sale of oil and gas royalties taken greater than or equal to those which would ‘‘(B) The authority of the Secretary of Ag- in kind to pay for personnel, travel, or other be realized under a comparable royalty in riculture under this paragraph may be dele- administrative costs of the Federal Govern- value program. gated only to the Undersecretary of Agri- ment. (h) PROVISIONS FOR SMALL REFINERIES.— culture for Natural Resources and Environ- (c) REIMBURSEMENT OF COST.—If the lessee, (1) PREFERENCE.—If the Secretary of the ment. pursuant to an agreement with the United Interior determines that sufficient supplies ‘‘(3) The Secretary of Agriculture shall in- States or as provided in the lease, processes of crude oil are not available in the open clude in the record of decision for a deter- the royalty gas or delivers the royalty oil or market to refineries not having their own mination under paragraph (2)(A)— gas at a point not on or adjacent to the lease source of supply for crude oil, the Secretary ‘‘(A) any written statement regarding the area, the Secretary of the Interior shall— may grant preference to such refineries in determination that is prepared by a Regional (1) reimburse the lessee for the reasonable the sale of any royalty oil accruing or re- Forester consulted by the Secretary under costs of transportation (not including gath- served to the United States under Federal oil paragraph (2)(A) regarding the determina- ering) from the lease to the point of delivery and gas leases issued under any mineral leas- tion; or or for processing costs; or ing law, for processing or use in such refin- ‘‘(B) an explanation why such a statement (2) at the discretion of the Secretary of the eries at private sale at not less than the by the Regional Forester is not included. Interior, allow the lessee to deduct such market price. Subtitle C—Miscellaneous transportation or processing costs in report- (2) PRORATION AMONG REFINERIES IN PRO- ing and paying royalties in value for other SEC. 6231. OFFSHORE SUBSALT DEVELOPMENT. DUCTION AREA.—In disposing of oil under this Federal oil and gas leases. Section 5 of the Outer Continental Shelf subsection, the Secretary of the Interior (d) BENEFIT TO THE UNITED STATES RE- may, at the discretion of the Secretary, pro- Lands Act of 1953 (43 U.S.C. 1334) is amended QUIRED.—The Secretary may receive oil or by adding at the end the following: rate such oil among such refineries in the gas royalties in kind only if the Secretary area in which the oil is produced. ‘‘(k) SUSPENSION OF OPERATIONS FOR determines that receiving such royalties pro- (i) DISPOSITION TO FEDERAL AGENCIES.— SUBSALT EXPLORATION.—Notwithstanding vides benefits to the United States greater (1) ONSHORE ROYALTY.—Any royalty oil or any other provision of law or regulation, to than or equal to those that would be realized gas taken by the Secretary in kind from on- prevent waste caused by the drilling of un- under a comparable royalty in value pro- shore oil and gas leases may be sold at not necessary wells and to facilitate the dis- gram. less than the market price to any depart- covery of additional hydrocarbon reserves, (e) REPORT TO CONGRESS.—For each of the the Secretary may grant a request for a sus- fiscal years 2002 through 2006 in which the ment or agency of the United States. pension of operations under any lease to United States takes oil or gas royalties in (2) OFFSHORE ROYALTY.—Any royalty oil or allow the reprocessing and reinterpretation kind from production in any State or from gas taken in kind from Federal oil and gas of geophysical data to identify and define the Outer Continental Shelf, excluding roy- leases on the Outer Continental Shelf may be drilling objectives beneath allocthonus salt alties taken in kind and sold to refineries disposed of only under section 27 of the Outer sheets.’’. under subsection (h), the Secretary of the In- Continental Shelf Lands Act (43 U.S.C. 1353). SEC. 6232. PROGRAM ON OIL AND GAS ROYALTIES terior shall provide a report to the Congress (j) PREFERENCE FOR FEDERAL LOW-INCOME IN KIND. describing— ENERGY ASSISTANCE PROGRAMS.—In disposing (a) APPLICABILITY OF SECTION.—Notwith- (1) the methodology or methodologies used of royalty oil or gas taken in kind under this standing any other provision of law, the pro- by the Secretary to determine compliance section, the Secretary may grant a pref- visions of this section shall apply to all roy- with subsection (d), including performance erence to any person, including any State or alty in kind accepted by the Secretary of the standards for comparing amounts received Federal agency, for the purpose of providing Interior under any Federal oil or gas lease or by the United States derived from such roy- additional resources to any Federal low-in- permit under section 36 of the Mineral Leas- alties in kind to amounts likely to have been come energy assistance program. ing Act (30 U.S.C. 192), section 27 of the Outer received had royalties been taken in value; SEC. 6233. MARGINAL WELL PRODUCTION INCEN- Continental Shelf Lands Act (43 U.S.C. 1353), (2) an explanation of the evaluation that TIVES. or any other mineral leasing law, in the pe- led the Secretary to take royalties in kind To enhance the economics of marginal oil riod beginning on the date of the enactment from a lease or group of leases, including the and gas production by increasing the ulti- of this Act through September 30, 2006. expected revenue effect of taking royalties mate recovery from marginal wells when the (b) TERMS AND CONDITIONS.—All royalty ac- in kind; cash price of West Texas Intermediate crude cruing to the United States under any Fed- (3) actual amounts received by the United oil, as posted on the Dow Jones Commodities eral oil or gas lease or permit under the Min- States derived from taking royalties in kind, Index chart, is less than $15 per barrel for 180 eral Leasing Act (30 U.S.C. 181 et seq.) or the and costs and savings incurred by the United consecutive pricing days or when the price of Outer Continental Shelf Lands Act (43 U.S.C. States associated with taking royalties in natural gas delivered at Henry Hub, Lou- 1331 et seq.) shall, on the demand of the Sec- kind; and isiana, is less than $2.00 per million British retary of the Interior, be paid in oil or gas. (4) an evaluation of other relevant public thermal units for 180 consecutive days, the If the Secretary of the Interior makes such a benefits or detriments associated with tak- Secretary shall reduce the royalty rate as demand, the following provisions apply to ing royalties in kind. production declines for— such payment: (f) DEDUCTION OF EXPENSES.— (1) onshore oil wells producing less than 30 (1) Delivery by, or on behalf of, the lessee (1) IN GENERAL.—Before making payments barrels per day; of the royalty amount and quality due under under section 35 of the Mineral Leasing Act (2) onshore gas wells producing less than the lease satisfies the lessee’s royalty obliga- (30 U.S.C. 191) or section 8(g) of the Outer 120 million British thermal units per day; tion for the amount delivered, except that Continental Shelf Lands Act (30 U.S.C. (3) offshore oil wells producing less than transportation and processing reimburse- 1337(g)) of revenues derived from the sale of 300 barrels of oil per day; and ments paid to, or deductions claimed by, the royalty production taken in kind from a (4) offshore gas wells producing less than lessee shall be subject to review and audit. lease, the Secretary of the Interior shall de- 1,200 million British thermal units per day. (2) Royalty production shall be placed in duct amounts paid or deducted under sub- SEC. 6234. REIMBURSEMENT FOR COSTS OF NEPA marketable condition by the lessee at no sections (b)(4) and (c), and shall deposit such ANALYSES, DOCUMENTATION, AND cost to the United States. amounts to miscellaneous receipts. STUDIES. (3) The Secretary of the Interior may— (2) ACCOUNTING FOR DEDUCTIONS.—If the (a) IN GENERAL.—The Mineral Leasing Act (A) sell or otherwise dispose of any royalty Secretary of the Interior allows the lessee to (30 U.S.C. 181 et seq.) is amended by inserting oil or gas taken in kind (other than oil or deduct transportation or processing costs after section 37 the following:

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‘‘REIMBURSEMENT FOR COSTS OF CERTAIN tum’’ and inserting ‘‘not more than 8 per SEC. 6303. AMENDMENTS RELATING TO LEASING ANALYSES, DOCUMENTATION, AND STUDIES centum’’. ON FOREST SERVICE LANDS. The Geothermal Steam Act of 1970 is ‘‘SEC. 38. (a) IN GENERAL.—The Secretary (b) ROYALTY RELIEF.— amended— of the Interior may, through royalty credits, (1) IN GENERAL.—Notwithstanding section 5 (1) in section 15(b) (30 U.S.C. 1014(b))— reimburse a person who is a lessee, operator, of the Geothermal Steam Act of 1970 (30 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and operating rights owner, or applicant for an U.S.C. 1004(a)) and any provision of any lease (B) in paragraph (1) (as designated by sub- oil or gas lease under this Act for amounts under that Act, no royalty is required to be paragraph (A) of this paragraph) in the first paid by the person for preparation by the paid— sentence— Secretary (or a contractor or other person (A) under any qualified geothermal energy (i) by striking ‘‘with the consent of, and’’ selected by the Secretary) of any project- lease with respect to commercial production and inserting ‘‘after consultation with the level analysis, documentation, or related of heat or energy from a facility that begins Secretary of Agriculture and’’; and study required under the National Environ- such production in the 5-year period begin- (ii) by striking ‘‘the head of that Depart- mental Policy Act of 1969 (42 U.S.C. 4321 et ning on the date of the enactment of this ment’’ and inserting ‘‘the Secretary of Agri- seq.) with respect to the lease. Act; or culture’’; and ‘‘(b) CONDITIONS.—The Secretary may pro- (B) on qualified expansion geothermal en- vide reimbursement under subsection (b) ergy. (2) by adding at the end the following: ‘‘(2)(A) A geothermal lease for lands with- only if— (2) 3-YEAR APPLICATION.—Paragraph (1) ap- drawn or acquired in aid of functions of the ‘‘(1) adequate funding to enable the Sec- plies only to commercial production of heat Department of Agriculture may not be or energy from a facility in the first 3 years retary to timely prepare the analysis, docu- issued if the Secretary of Agriculture, after of such production. mentation, or related study is not appro- the consultation required by paragraph (1) priated; (c) DEFINITIONS.—In this section: and consultation with any Regional Forester ‘‘(2) the person paid the costs voluntarily; (1) QUALIFIED EXPANSION GEOTHERMAL EN- having administrative jurisdiction over the and ERGY.—The term ‘‘qualified expansion geo- lands concerned, determines that no terms ‘‘(3) the person maintains records of its thermal energy’’— or conditions, including a prohibition on sur- costs in accordance with regulations pre- (A) subject to subparagraph (B), means face occupancy for lease operations, would scribed by the Secretary.’’. geothermal energy produced from a genera- be sufficient to adequately protect such (b) APPLICATION.—The amendments made tion facility for which the rated capacity is lands under the National Forest Manage- by this section shall apply with respect to increased by more than 10 percent as a result ment Act of 1976 (16 U.S.C. 1600 et seq.). any lease entered into before, on, or after the of expansion of the facility carried out in the ‘‘(B) The authority of the Secretary of Ag- date of the enactment of this Act. 5-year period beginning on the date of the riculture under this paragraph may be dele- (c) DEADLINE FOR REGULATIONS.—The Sec- enactment of this Act; and gated only to the Undersecretary of Agri- retary shall issue regulations implementing (B) does not include the rated capacity of culture for Natural Resources and Environ- the amendments made by this section by not the generation facility on the date of the en- ment. later than 90 days after the date of the enact- actment of this Act. ‘‘(3) The Secretary of Agriculture shall in- ment of this Act. (2) QUALIFIED GEOTHERMAL ENERGY LEASE.— clude in the record of decision for a deter- SEC. 6235. ENCOURAGEMENT OF STATE AND PRO- The term ‘‘qualified geothermal energy mination under paragraph (2)(A)— VINCIAL PROHIBITIONS ON OFF- lease’’ means a lease under the Geothermal ‘‘(A) any written statement regarding the SHORE DRILLING IN THE GREAT Steam Act of 1970 (30 U.S.C. 1001 et seq.)— determination that is prepared by a Regional LAKES. (A) that was executed before the end of the Forester consulted by the Secretary under (a) FINDINGS.—The Congress finds the fol- 5-year period beginning on the date of the paragraph (2)(A) regarding the determina- lowing: enactment of this Act; and tion; or (1) The water resources of the Great Lakes (B) under which no commercial production ‘‘(B) an explanation why such a statement Basin are precious public natural resources, of any form of heat or energy occurred before by the Regional Forester is not included. shared and held in trust by the States of Illi- the date of the enactment of this Act. SEC. 6304. DEADLINE FOR DETERMINATION ON nois, Indiana, Michigan, Minnesota, New SEC. 6302. EXEMPTION FROM ROYALTIES FOR DI- PENDING NONCOMPETITIVE LEASE York, Ohio, Pennsylvania, and Wisconsin, RECT USE OF LOW TEMPERATURE APPLICATIONS. and the Canadian Province of Ontario. GEOTHERMAL ENERGY RESOURCES. Not later than 90 days after the date of the (2) The environmental dangers associated Section 5 of the Geothermal Steam Act of enactment of this Act, the Secretary of the with off-shore drilling in the Great Lakes for 1970 (30 U.S.C. 1004) is amended— Interior shall, with respect to each applica- oil and gas outweigh the potential benefits of (1) in paragraph (c) by redesignating sub- tion pending on the date of the enactment of such drilling. paragraphs (1) and (2) as subparagraphs (A) this Act for a lease under the Geothermal (3) In accordance with the Submerged and (B); Steam Act of 1970 (30 U.S.C. 1001 et seq.), Lands Act (43 U.S.C. 1301 et seq.), each State (2) by redesignating paragraphs (a) through issue a final determination of— that borders any of the Great Lakes has au- (d) in order as paragraphs (1) through (4); (1) whether or not to conduct a lease sale thority over the area between that State’s by competitive bidding; and (3) by inserting ‘‘(a) IN GENERAL.—’’ after coastline and the boundary of Canada or an- (2) whether or not to award a lease without ‘‘SEC. 5.’’; and other State. (4) by adding at the end the following new competitive bidding. (4) The States of Illinois, Michigan, New subsection: SEC. 6305. OPENING OF PUBLIC LANDS UNDER York, Pennsylvania, and Wisconsin each MILITARY JURISDICTION. ‘‘(b) EXEMPTION FOR USE OF LOW TEMPERA- have a statutory prohibition of off-shore (a) IN GENERAL.—Except as otherwise pro- TURE RESOURCES.— drilling in the Great Lakes for oil and gas. vided in the Geothermal Steam Act of 1970 ‘‘(1) IN GENERAL.—In lieu of any royalty or (30 U.S.C. 1001 et seq.) and other provisions of (5) The States of Indiana, Minnesota, and rental under subsection (a), a lease for quali- Federal law applicable to development of Ohio do not have such a prohibition. fied development and direct utilization of (6) The Canadian Province of Ontario does geothermal energy resources within public low temperature geothermal resources shall lands, all public lands under the jurisdiction not have such a prohibition, and drilling for provide for payment by the lessee of an an- and production of gas occurs in the Canadian of a Secretary of a military department shall nual fee of not less than $100, and not more be open to the operation of such laws and de- portion of Lake Erie. than $1,000, in accordance with the schedule (b) ENCOURAGEMENT OF STATE AND PROVIN- velopment and utilization of geothermal issued under paragraph (2). CIAL PROHIBITIONS.—The Congress encour- steam and associated geothermal resources, ‘‘(2) SCHEDULE.—The Secretary shall issue ages— as that term is defined in section 2 of the a schedule of fees under this section under (1) the States of Illinois, Michigan, New Geothermal Steam Act of 1970 (30 U.S.C. which a fee is based on the scale of develop- York, Pennsylvania, and Wisconsin to con- 1001), without the necessity for further ac- ment and utilization to which the fee ap- tinue to prohibit off-shore drilling in the tion by the Secretary or the Congress. plies. Great Lakes for oil and gas; (b) CONFORMING AMENDMENT.—Section 2689 ‘‘(3) DEFINITIONS.—In this subsection: (2) the States of Indiana, Minnesota, and of title 10, United States Code, is amended by ‘‘(A) LOW TEMPERATURE GEOTHERMAL RE- Ohio and the Canadian Province of Ontario striking ‘‘including public lands,’’ and in- SOURCES.—The term ‘low temperature geo- to enact a prohibition of such drilling; and serting ‘‘other than public lands,’’. thermal resources’ means geothermal steam (c) TREATMENT OF EXISTING LEASES.—Upon (3) the Canadian Province of Ontario to re- and associated geothermal resources having the expiration of any lease in effect on the quire the cessation of any such drilling and a temperature of less than 195 degrees Fahr- date of the enactment of this Act of public any production resulting from such drilling. enheit. lands under the jurisdiction of a military de- TITLE III—GEOTHERMAL ENERGY ‘‘(B) QUALIFIED DEVELOPMENT AND DIRECT partment for the development of any geo- DEVELOPMENT UTILIZATION.—The term ‘qualified develop- thermal resource, such lease may, at the op- SEC. 6301. ROYALTY REDUCTION AND RELIEF. ment and direct utilization’ means develop- tion of the lessee— (a) ROYALTY REDUCTION.—Section 5(a) of ment and utilization in which all products of (1) be treated as a lease under the Geo- the Geothermal Steam Act of 1970 (30 U.S.C. geothermal resources, other than any heat thermal Steam Act of 1970 (30 U.S.C. 1001 et 1004(a)) is amended by striking ‘‘not less utilized, are returned to the geothermal for- seq.), and be renewed in accordance with than 10 per centum or more than 15 per cen- mation from which they are produced.’’. such Act; or

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9916 CONGRESSIONAL RECORD — SENATE September 26, 2001 (2) be renewed in accordance with the for increasing electric power production ca- (1) determine whether such power plants terms of the lease, if such renewal is author- pability at existing facilities under the ad- and associated river systems are operated so ized by such terms. ministrative jurisdiction of the Secretary. as to maximize energy and capacity capabili- (d) REGULATIONS.—The Secretary of the In- (b) CONTENT.—The study under this section ties; and terior, with the advice and concurrence of shall include identification and description (2) identify measures that can be taken to the Secretary of the military department in detail of each facility that is capable, with improve operational flexibility at such concerned, shall prescribe such regulations or without modification, of producing addi- plants to achieve such maximization. to carry out this section as may be nec- tional hydroelectric power, including esti- (b) REPORT.—The Secretary shall submit a essary. Such regulations shall contain guide- mation of the existing potential for the facil- report on the findings, conclusions, and rec- lines to assist in determining how much, if ity to generate hydroelectric power. ommendations of the study under this sec- any, of the surface of any lands opened pur- (c) REPORT.—The Secretary shall submit to tion by not later than 18 months after the suant to this section may be used for pur- the Congress a report on the findings, con- date of the enactment of this Act, including poses incident to geothermal energy re- clusions, and recommendations of the study a summary of the determinations and identi- sources development and utilization. under this section by not later than 12 fications under paragraphs (1) and (2) of sub- (e) CLOSURE FOR PURPOSES OF NATIONAL months after the date of the enactment of section (a). DEFENSE OR SECURITY.—In the event of a na- this Act. The Secretary shall include in the (c) COOPERATION BY FEDERAL POWER MAR- tional emergency or for purposes of national report the following: KETING ADMINISTRATIONS.—The Secretary defense or security, the Secretary of the In- (1) The identifications, descriptions, and shall coordinate with the Administrator of terior, at the request of the Secretary of the estimations referred to in subsection (b). each Federal power marketing administra- military department concerned, shall close (2) A description of activities the Sec- tion in— any lands that have been opened to geo- retary is currently conducting or consid- (1) determining how the value of electric thermal energy resources leasing pursuant ering, or that could be considered, to produce power produced by each hydroelectric power to this section. additional hydroelectric power from each facility that produces power marketed by SEC. 6306. APPLICATION OF AMENDMENTS. identified facility. the administration can be maximized; and The amendments made by this title apply (3) A summary of action that has already (2) implementing measures identified with respect to any lease executed before, been taken by the Secretary to produce addi- under subsection (a)(2). on, or after the date of the enactment of this tional hydroelectric power from each identi- (d) LIMITATION ON IMPLEMENTATION OF Act. fied facility. MEASURES.—Implementation under sub- (4) The costs to install, upgrade, or modify sections (a)(2) and (b)(2) shall be limited to SEC. 6307. REVIEW AND REPORT TO CONGRESS. equipment or take other actions to produce those measures that can be implemented The Secretary of the Interior shall prompt- additional hydroelectric power from each within the constraints imposed on Depart- ly review and report to the Congress regard- identified facility. ment of the Interior facilities by other uses ing the status of all moratoria on and with- (5) The benefits that would be achieved by required by law. drawals from leasing under the Geothermal such installation, upgrade, modification, or SEC. 6404. SHIFT OF PROJECT LOADS TO OFF- Steam Act of 1970 (30 U.S.C. 1001 et seq.) of other action, including quantified estimates PEAK PERIODS. known geothermal resources areas (as that of any additional energy or capacity from (a) IN GENERAL.—The Secretary of the In- term is defined in section 2 of that Act (30 each facility identified under subsection (b). terior shall— U.S.C. 1001), specifying for each such area (6) A description of actions that are (1) review electric power consumption by whether the basis for such moratoria or planned, underway, or might reasonably be Bureau of Reclamation facilities for water withdrawal still applies. considered to increase hydroelectric power pumping purposes; and SEC. 6308. REIMBURSEMENT FOR COSTS OF NEPA production by replacing turbine runners. (2) make such adjustments in such pump- ANALYSES, DOCUMENTATION, AND (7) A description of actions that are ing as possible to minimize the amount of STUDIES. planned, underway, or might reasonably be electric power consumed for such pumping (a) IN GENERAL.—The Geothermal Steam considered to increase hydroelectric power during periods of peak electric power con- Act of 1970 (30 U.S.C. 1001 et seq.) is amended production by performing generator uprates sumption, including by performing as much by adding at the end the following: and rewinds. of such pumping as possible during off-peak ‘‘REIMBURSEMENT FOR COSTS OF CERTAIN (8) The impact of increased hydroelectric hours at night. ANALYSES, DOCUMENTATION, AND STUDIES power production on irrigation, fish, wildlife, (b) CONSENT OF AFFECTED IRRIGATION CUS- ‘‘SEC. 38. (a) IN GENERAL.—The Secretary Indian tribes, river health, water quality, TOMERS REQUIRED.—The Secretary may not of the Interior may, through royalty credits, navigation, recreation, fishing, and flood under this section make any adjustment in reimburse a person who is a lessee, operator, control. pumping at a facility without the consent of operating rights owner, or applicant for a (9) Any additional recommendations the each person that has contracted with the lease under this Act for amounts paid by the Secretary considers advisable to increase hy- United States for delivery of water from the person for preparation by the Secretary (or a droelectric power production from, and re- facility for use for irrigation and that would contractor or other person selected by the duce costs and improve efficiency at, facili- be affected by such adjustment. Secretary) of any project-level analysis, doc- ties under the jurisdiction of the Secretary. (c) EXISTING OBLIGATIONS NOT AFFECTED.— umentation, or related study required under SEC. 6402. INSTALLATION OF POWERFORMER AT This section shall not be construed to affect the National Environmental Policy Act of FOLSOM POWER PLANT, CALI- any existing obligation of the Secretary to 1969 (42 U.S.C. 4321 et seq.) with respect to FORNIA. provide electric power, water, or other bene- the lease. (a) IN GENERAL.—The Secretary of the In- fits from Bureau of Reclamation facilities. ‘‘(b) CONDITIONS.—The Secretary shall may terior may install a powerformer at the Bu- TITLE V—ARCTIC COASTAL PLAIN provide reimbursement under subsection (a) reau of Reclamation Folsom power plant in DOMESTIC ENERGY Folsom, California, to replace a generator only if— SEC. 6501. SHORT TITLE. and transformer that are due for replace- ‘‘(1) adequate funding to enable the Sec- This title may be cited as the ‘‘Arctic ment due to age. retary to timely prepare the analysis, docu- Coastal Plain Domestic Energy Security Act (b) REIMBURSABLE COSTS.—Costs incurred mentation, or related study is not appro- of 2001’’. priated; by the United States for installation of a powerformer under this section shall be SEC. 6502. DEFINITIONS. ‘‘(2) the person paid the costs voluntarily; In this title: and treated as reimbursable costs and shall bear interest at current long-term borrowing (1) COASTAL PLAIN.—The term ‘‘Coastal ‘‘(3) the person maintains records of its Plain’’ means that area identified as such in costs in accordance with regulations pre- rates of the United States Treasury at the time of acquisition. the map entitled ‘‘Arctic National Wildlife scribed by the Secretary.’’. Refuge’’, dated August 1980, as referenced in (b) APPLICATION.—The amendments made (c) LOCAL COST SHARING.—In addition to reimbursable costs under subsection (b), the section 1002(b) of the Alaska National Inter- by this section shall apply with respect to est Lands Conservation Act of 1980 (16 U.S.C. any lease entered into before, on, or after the Secretary shall seek contributions from power users toward the costs of the 3142(b)(1)), comprising approximately date of the enactment of this Act. 1,549,000 acres. (c) DEADLINE FOR REGULATIONS.—The Sec- powerformer and its installation. SEC. 6403. STUDY AND IMPLEMENTATION OF IN- (2) SECRETARY.—The term ‘‘Secretary’’, ex- retary shall issue regulations implementing cept as otherwise provided, means the Sec- the amendments made by this section by not CREASED OPERATIONAL EFFI- CIENCIES IN HYDROELECTRIC retary of the Interior or the Secretary’s des- later than 90 days after the date of the enact- POWER PROJECTS. ignee. ment of this Act. (a) IN GENERAL.—The Secretary of Interior SEC. 6503. LEASING PROGRAM FOR LANDS WITH- TITLE IV—HYDROPOWER shall conduct a study of operational methods IN THE COASTAL PLAIN. SEC. 6401. STUDY AND REPORT ON INCREASING and water scheduling techniques at all hy- (a) IN GENERAL.—The Secretary shall take ELECTRIC POWER PRODUCTION CA- droelectric power plants under the adminis- such actions as are necessary— PABILITY OF EXISTING FACILITIES. trative jurisdiction of the Secretary that (1) to establish and implement in accord- (a) IN GENERAL.—The Secretary of the In- have an electric power production capacity ance with this title a competitive oil and gas terior shall conduct a study of the potential greater than 50 megawatts, to— leasing program under the Mineral Leasing

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9917 Act (30 U.S.C. 181 et seq.) that will result in sidered to expand or limit State and local (2) conduct additional sales so long as suf- an environmentally sound program for the regulatory authority. ficient interest in development exists to war- exploration, development, and production of (e) SPECIAL AREAS.— rant, in the Secretary’s judgment, the con- the oil and gas resources of the Coastal (1) IN GENERAL.—The Secretary, after con- duct of such sales. Plain; and sultation with the State of Alaska, the city SEC. 6505. GRANT OF LEASES BY THE SEC- (2) to administer the provisions of this of Kaktovik, and the North Slope Borough, RETARY. title through regulations, lease terms, condi- may designate up to a total of 45,000 acres of (a) IN GENERAL.—The Secretary may grant tions, restrictions, prohibitions, stipula- the Coastal Plain as a Special Area if the to the highest responsible qualified bidder in tions, and other provisions that ensure the Secretary determines that the Special Area a lease sale conducted pursuant to section oil and gas exploration, development, and is of such unique character and interest so as 6504 any lands to be leased on the Coastal production activities on the Coastal Plain to require special management and regu- Plain upon payment by the lessee of such will result in no significant adverse effect on latory protection. The Secretary shall des- bonus as may be accepted by the Secretary. fish and wildlife, their habitat, subsistence ignate as such a Special Area the (b) SUBSEQUENT TRANSFERS.—No lease resources, and the environment, and includ- Sadlerochit Spring area, comprising approxi- issued under this title may be sold, ex- ing, in furtherance of this goal, by requiring mately 4,000 acres as depicted on the map re- changed, assigned, sublet, or otherwise the application of the best commercially ferred to in section 6502(1). transferred except with the approval of the available technology for oil and gas explo- (2) MANAGEMENT.—Each such Special Area Secretary. Prior to any such approval the ration, development, and production to all shall be managed so as to protect and pre- Secretary shall consult with, and give due exploration, development, and production serve the area’s unique and diverse character consideration to the views of, the Attorney operations under this title in a manner that including its fish, wildlife, and subsistence General. resource values. ensures the receipt of fair market value by SEC. 6506. LEASE TERMS AND CONDITIONS. (3) EXCLUSION FROM LEASING OR SURFACE the public for the mineral resources to be (a) IN GENERAL.—An oil or gas lease issued leased. OCCUPANCY.—The Secretary may exclude any Special Area from leasing. If the Secretary pursuant to this title shall— (b) REPEAL.—Section 1003 of the Alaska Na- leases a Special Area, or any part thereof, (1) provide for the payment of a royalty of tional Interest Lands Conservation Act of 1 for purposes of oil and gas exploration, devel- not less than 12 ⁄2 percent in amount or value 1980 (16 U.S.C. 3143) is repealed. opment, production, and related activities, of the production removed or sold from the (c) COMPLIANCE WITH REQUIREMENTS UNDER there shall be no surface occupancy of the lease, as determined by the Secretary under CERTAIN OTHER LAWS.— lands comprising the Special Area. the regulations applicable to other Federal OMPATIBILITY (1) C .—For purposes of the (4) DIRECTIONAL DRILLING.—Notwith- oil and gas leases; National Wildlife Refuge System Adminis- standing the other provisions of this sub- (2) provide that the Secretary may close, tration Act of 1966, the oil and gas leasing section, the Secretary may lease all or a por- on a seasonal basis, portions of the Coastal program and activities authorized by this tion of a Special Area under terms that per- Plain to exploratory drilling activities as section in the Coastal Plain are deemed to be mit the use of horizontal drilling technology necessary to protect caribou calving areas compatible with the purposes for which the from sites on leases located outside the area. and other species of fish and wildlife; Arctic National Wildlife Refuge was estab- (f) LIMITATION ON CLOSED AREAS.—The Sec- (3) require that the lessee of lands within lished, and that no further findings or deci- retary’s sole authority to close lands within the Coastal Plain shall be fully responsible sions are required to implement this deter- the Coastal Plain to oil and gas leasing and and liable for the reclamation of lands with- mination. to exploration, development, and production in the Coastal Plain and any other Federal (2) ADEQUACY OF THE DEPARTMENT OF THE is that set forth in this title. lands that are adversely affected in connec- INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- (g) REGULATIONS.— tion with exploration, development, produc- PACT STATEMENT.—The ‘‘Final Legislative (1) IN GENERAL.—The Secretary shall pre- tion, or transportation activities conducted Environmental Impact Statement’’ (April scribe such regulations as may be necessary under the lease and within the Coastal Plain 1987) on the Coastal Plain prepared pursuant to carry out this title, including rules and by the lessee or by any of the subcontractors to section 1002 of the Alaska National Inter- regulations relating to protection of the fish or agents of the lessee; est Lands Conservation Act of 1980 (16 U.S.C. and wildlife, their habitat, subsistence re- (4) provide that the lessee may not dele- 3142) and section 102(2)(C) of the National En- sources, and environment of the Coastal gate or convey, by contract or otherwise, the vironmental Policy Act of 1969 (42 U.S.C. Plain, by no later than 15 months after the reclamation responsibility and liability to 4332(2)(C)) is deemed to satisfy the require- date of the enactment of this Act. another person without the express written ments under the National Environmental (2) REVISION OF REGULATIONS.—The Sec- approval of the Secretary; Policy Act of 1969 that apply with respect to retary shall periodically review and, if ap- (5) provide that the standard of reclama- actions authorized to be taken by the Sec- propriate, revise the rules and regulations tion for lands required to be reclaimed under retary to develop and promulgate the regula- issued under subsection (a) to reflect any sig- this title shall be, as nearly as practicable, a tions for the establishment of a leasing pro- nificant biological, environmental, or engi- condition capable of supporting the uses gram authorized by this title before the con- neering data that come to the Secretary’s which the lands were capable of supporting duct of the first lease sale. attention. prior to any exploration, development, or (3) COMPLIANCE WITH NEPA FOR OTHER AC- SEC. 6504. LEASE SALES. production activities, or upon application by TIONS.—Before conducting the first lease sale (a) IN GENERAL.—Lands may be leased pur- the lessee, to a higher or better use as ap- under this title, the Secretary shall prepare suant to this title to any person qualified to proved by the Secretary; an environmental impact statement under obtain a lease for deposits of oil and gas (6) contain terms and conditions relating the National Environmental Policy Act of under the Mineral Leasing Act (30 U.S.C. 181 to protection of fish and wildlife, their habi- 1969 with respect to the actions authorized et seq.). tat, and the environment as required pursu- by this title that are not referred to in para- (b) PROCEDURES.—The Secretary shall, by ant to section 6503(a)(2); regulation, establish procedures for— graph (2). Notwithstanding any other law, (7) provide that the lessee, its agents, and (1) receipt and consideration of sealed the Secretary is not required to identify non- its contractors use best efforts to provide a nominations for any area in the Coastal leasing alternative courses of action or to fair share, as determined by the level of obli- Plain for inclusion in, or exclusion (as pro- analyze the environmental effects of such gation previously agreed to in the 1974 agree- vided in subsection (c)) from, a lease sale; courses of action. The Secretary shall only ment implementing section 29 of the Federal (2) the holding of lease sales after such identify a preferred action for such leasing Agreement and Grant of Right of Way for nomination process; and and a single leasing alternative, and analyze the Operation of the Trans-Alaska Pipeline, (3) public notice of and comment on des- the environmental effects and potential of employment and contracting for Alaska ignation of areas to be included in, or ex- mitigation measures for those two alter- Natives and Alaska Native Corporations cluded from, a lease sale. natives. The identification of the preferred from throughout the State; (c) LEASE SALE BIDS.—Bidding for leases action and related analysis for the first lease under this title shall be by sealed competi- (8) prohibit the export of oil produced sale under this title shall be completed with- tive cash bonus bids. under the lease; and in 18 months after the date of the enactment (d) ACREAGE MINIMUM IN FIRST SALE.—In (9) contain such other provisions as the of this Act. The Secretary shall only con- the first lease sale under this title, the Sec- Secretary determines necessary to ensure sider public comments that specifically ad- retary shall offer for lease those tracts the compliance with the provisions of this title dress the Secretary’s preferred action and Secretary considers to have the greatest po- and the regulations issued under this title. that are filed within 20 days after publica- tential for the discovery of hydrocarbons, (b) PROJECT LABOR AGREEMENTS.—The Sec- tion of an environmental analysis. Notwith- taking into consideration nominations re- retary, as a term and condition of each lease standing any other law, compliance with this ceived pursuant to subsection (b)(1), but in under this title and in recognizing the Gov- paragraph is deemed to satisfy all require- no case less than 200,000 acres. ernment’s proprietary interest in labor sta- ments for the analysis and consideration of (e) TIMING OF LEASE SALES.—The Secretary bility and in the ability of construction the environmental effects of proposed leas- shall— labor and management to meet the par- ing under this title. (1) conduct the first lease sale under this ticular needs and conditions of projects to be (d) RELATIONSHIP TO STATE AND LOCAL AU- title within 22 months after the date of the developed under the leases issued pursuant THORITY.—Nothing in this title shall be con- enactment of this title; and to this title and the special concerns of the

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9918 CONGRESSIONAL RECORD — SENATE September 26, 2001 parties to such leases, shall require that the ice airstrips, and air transport methods, ex- Alaska leasing program, as set forth in the lessee and its agents and contractors nego- cept that such exploration activities may 1999 Northeast National Petroleum Reserve- tiate to obtain a project labor agreement for occur at other times, if— Alaska Final Integrated Activity Plan/Envi- the employment of laborers and mechanics (A) the Secretary determines, after afford- ronmental Impact Statement. on production, maintenance, and construc- ing an opportunity for public comment and (2) The environmental protection stand- tion under the lease. review, that special circumstances exist ne- ards that governed the initial Coastal Plain SEC. 6507. COASTAL PLAIN ENVIRONMENTAL cessitating that exploration activities be seismic exploration program under parts PROTECTION. conducted at other times of the year; and 37.31 to 37.33 of title 50, Code of Federal Reg- (a) NO SIGNIFICANT ADVERSE EFFECT (B) the Secretary finds that such explo- ulations. STANDARD TO GOVERN AUTHORIZED COASTAL ration will have no significant adverse effect (3) The land use stipulations for explor- PLAIN ACTIVITIES.—The Secretary shall, con- on the fish and wildlife, their habitat, and atory drilling on the KIC–ASRC private sistent with the requirements of section 6503, the environment of the Coastal Plain. lands that are set forth in Appendix 2 of the administer the provisions of this title (4) Design safety and construction stand- August 9, 1983, agreement between Arctic through regulations, lease terms, conditions, ards for all pipelines and any access and Slope Regional Corporation and the United restrictions, prohibitions, stipulations, and service roads, that— States. other provisions that— (A) minimize, to the maximum extent pos- (f) FACILITY CONSOLIDATION PLANNING.— (1) ensure the oil and gas exploration, de- sible, adverse effects upon the passage of mi- (1) IN GENERAL.—The Secretary shall, after velopment, and production activities on the gratory species such as caribou; and providing for public notice and comment, Coastal Plain will result in no significant ad- (B) minimize adverse effects upon the flow prepare and update periodically a plan to verse effect on fish and wildlife, their habi- of surface water by requiring the use of cul- govern, guide, and direct the siting and con- tat, and the environment; verts, bridges, and other structural devices. struction of facilities for the exploration, de- (2) require the application of the best com- (5) Prohibitions on public access and use on velopment, production, and transportation of mercially available technology for oil and all pipeline access and service roads. Coastal Plain oil and gas resources. gas exploration, development, and produc- (6) Stringent reclamation and rehabilita- (2) OBJECTIVES.—The plan shall have the tion on all new exploration, development, tion requirements, consistent with the following objectives: and production operations; and standards set forth in this title, requiring (A) Avoiding unnecessary duplication of fa- (3) ensure that the maximum amount of the removal from the Coastal Plain of all oil cilities and activities. surface acreage covered by production and and gas development and production facili- (B) Encouraging consolidation of common support facilities, including airstrips and ties, structures, and equipment upon comple- facilities and activities. any areas covered by gravel berms or piers tion of oil and gas production operations, ex- (C) Locating or confining facilities and ac- for support of pipelines, does not exceed 2,000 cept that the Secretary may exempt from tivities to areas that will minimize impact acres on the Coastal Plain. the requirements of this paragraph those fa- on fish and wildlife, their habitat, and the (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- cilities, structures, or equipment that the environment. TION.—The Secretary shall also require, with Secretary determines would assist in the (D) Utilizing existing facilities wherever respect to any proposed drilling and related management of the Arctic National Wildlife practicable. activities, that— Refuge and that are donated to the United (E) Enhancing compatibility between wild- (1) a site-specific analysis be made of the States for that purpose. life values and development activities. probable effects, if any, that the drilling or (7) Appropriate prohibitions or restrictions SEC. 6508. EXPEDITED JUDICIAL REVIEW. related activities will have on fish and wild- on access by all modes of transportation. (a) FILING OF COMPLAINT.— life, their habitat, and the environment; (8) Appropriate prohibitions or restrictions (1) DEADLINE.—Subject to paragraph (2), (2) a plan be implemented to avoid, mini- on sand and gravel extraction. any complaint seeking judicial review of any mize, and mitigate (in that order and to the (9) Consolidation of facility siting. provision of this title or any action of the extent practicable) any significant adverse (10) Appropriate prohibitions or restric- Secretary under this title shall be filed in effect identified under paragraph (1); and tions on use of explosives. any appropriate district court of the United (3) the development of the plan shall occur (11) Avoidance, to the extent practicable, States— after consultation with the agency or agen- of springs, streams, and river system; the (A) except as provided in subparagraph (B), cies having jurisdiction over matters miti- protection of natural surface drainage pat- within the 90-day period beginning on the gated by the plan. terns, wetlands, and riparian habitats; and date of the action being challenged; or (c) REGULATIONS TO PROTECT COASTAL the regulation of methods or techniques for (B) in the case of a complaint based solely PLAIN FISH AND WILDLIFE RESOURCES, SUB- developing or transporting adequate supplies on grounds arising after such period, within SISTENCE USERS, AND THE ENVIRONMENT.—Be- of water for exploratory drilling. 90 days after the complainant knew or rea- fore implementing the leasing program au- (12) Avoidance or reduction of air traffic- sonably should have known of the grounds thorized by this title, the Secretary shall related disturbance to fish and wildlife. for the complaint. prepare and promulgate regulations, lease (13) Treatment and disposal of hazardous (2) VENUE.—Any complaint seeking judicial terms, conditions, restrictions, prohibitions, and toxic wastes, solid wastes, reserve pit review of an action of the Secretary under stipulations, and other measures designed to fluids, drilling muds and cuttings, and do- this title may be filed only in the United ensure that the activities undertaken on the mestic wastewater, including an annual States Court of Appeals for the District of Coastal Plain under this title are conducted waste management report, a hazardous ma- Columbia. in a manner consistent with the purposes terials tracking system, and a prohibition on (3) LIMITATION ON SCOPE OF CERTAIN RE- and environmental requirements of this chlorinated solvents, in accordance with ap- VIEW.—Judicial review of a Secretarial deci- title. plicable Federal and State environmental sion to conduct a lease sale under this title, OMPLIANCE WITH FEDERAL AND STATE (d) C law. including the environmental analysis there- ENVIRONMENTAL LAWS AND OTHER REQUIRE- (14) Fuel storage and oil spill contingency of, shall be limited to whether the Secretary MENTS.—The proposed regulations, lease planning. has complied with the terms of this division terms, conditions, restrictions, prohibitions, (15) Research, monitoring, and reporting and shall be based upon the administrative and stipulations for the leasing program requirements. record of that decision. The Secretary’s iden- under this title shall require compliance (16) Field crew environmental briefings. tification of a preferred course of action to with all applicable provisions of Federal and (17) Avoidance of significant adverse ef- enable leasing to proceed and the Secretary’s State environmental law and shall also re- fects upon subsistence hunting, fishing, and analysis of environmental effects under this quire the following: trapping by subsistence users. division shall be presumed to be correct un- (1) Standards at least as effective as the (18) Compliance with applicable air and less shown otherwise by clear and convincing safety and environmental mitigation meas- water quality standards. evidence to the contrary. ures set forth in items 1 through 29 at pages (19) Appropriate seasonal and safety zone (b) LIMITATION ON OTHER REVIEW.—Actions 167 through 169 of the ‘‘Final Legislative En- designations around well sites, within which of the Secretary with respect to which re- vironmental Impact Statement’’ (April 1987) subsistence hunting and trapping shall be view could have been obtained under this on the Coastal Plain. limited. section shall not be subject to judicial re- (2) Seasonal limitations on exploration, de- (20) Reasonable stipulations for protection view in any civil or criminal proceeding for velopment, and related activities, where nec- of cultural and archeological resources. enforcement. essary, to avoid significant adverse effects (21) All other protective environmental SEC. 6509. RIGHTS-OF-WAY ACROSS THE COASTAL during periods of concentrated fish and wild- stipulations, restrictions, terms, and condi- PLAIN. life breeding, denning, nesting, spawning, tions deemed necessary by the Secretary. (a) EXEMPTION.—Title XI of the Alaska Na- and migration. (e) CONSIDERATIONS.—In preparing and pro- tional Interest Lands Conservation Act of (3) That exploration activities, except for mulgating regulations, lease terms, condi- 1980 (16 U.S.C. 3161 et seq.) shall not apply to surface geological studies, be limited to the tions, restrictions, prohibitions, and stipula- the issuance by the Secretary under section period between approximately November 1 tions under this section, the Secretary shall 28 of the Mineral Leasing Act (30 U.S.C. 185) and May 1 each year and that exploration ac- consider the following: of rights-of-way and easements across the tivities shall be supported by ice roads, win- (1) The stipulations and conditions that Coastal Plain for the transportation of oil ter trails with adequate snow cover, ice pads, govern the National Petroleum Reserve- and gas.

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(b) TERMS AND CONDITIONS.—The Secretary North Slope Borough and other communities funds of bonus amounts deposited pursuant shall include in any right-of-way or ease- eligible for assistance under this section in to this title become warranted, 50 percent of ment referred to in subsection (a) such terms developing and submitting applications for the amount necessary for the sum of such and conditions as may be necessary to en- assistance under this section. adjustments and refunds may be paid by the sure that transportation of oil and gas does (d) ESTABLISHMENT OF FUND.— Secretary from the Renewable Energy Tech- not result in a significant adverse effect on (1) IN GENERAL.—There is established in the nology Investment Fund. the fish and wildlife, subsistence resources, Treasury the Coastal Plain Local Govern- (5) CONSULTATION AND COORDINATION.—Any their habitat, and the environment of the ment Impact Aid Assistance Fund. specific use of the Renewable Energy Tech- Coastal Plain, including requirements that (2) USE.—Amounts in the fund may be used nology Investment Fund shall be determined facilities be sited or designed so as to avoid only for providing financial assistance under only after the Secretary of Energy consults unnecessary duplication of roads and pipe- this section. and coordinates with the heads of other ap- lines. (3) DEPOSITS.—Subject to paragraph (4), propriate Federal agencies. (c) REGULATIONS.—The Secretary shall in- there shall be deposited into the fund (6) REPORTS.—Not later than 1 year after clude in regulations under section 6503(g) amounts received by the United States as the date of the enactment of this Act and on provisions granting rights-of-way and ease- revenues derived from rents, bonuses, and an annual basis thereafter, the Secretary of ments described in subsection (a) of this sec- royalties under on leases and lease sales au- Energy shall transmit to the Committee on tion. thorized under this title. Science of the House of Representatives and (4) LIMITATION ON DEPOSITS.—The total SEC. 6510. CONVEYANCE. the Committee on Energy and Natural Re- amount in the fund may not exceed In order to maximize Federal revenues by sources of the Senate a report on the use of $10,000,000. removing clouds on title to lands and clari- funds under this subsection and the impact (5) INVESTMENT OF BALANCES.—The Sec- fying land ownership patterns within the of and efforts to integrate such uses with retary of the Treasury shall invest amounts Coastal Plain, the Secretary, notwith- other energy research efforts. in the fund in interest bearing government standing the provisions of section 1302(h)(2) (c) ROYALTIES CONSERVATION FUND.— securities. of the Alaska National Interest Lands Con- (1) ESTABLISHMENT AND AVAILABILITY.— (e) AUTHORIZATION OF APPROPRIATIONS.—To There is hereby established in the Treasury servation Act (16 U.S.C. 3192(h)(2)), shall con- provide financial assistance under this sec- of the United States a separate account vey— tion there is authorized to be appropriated to which shall be known as the ‘‘Royalties Con- (1) to the Kaktovik Inupiat Corporation the Secretary from the Coastal Plain Local servation Fund’’. the surface estate of the lands described in Government Impact Aid Assistance Fund (2) DEPOSITS.—Fifty percent of revenues paragraph 2 of Public Land Order 6959, to the $5,000,000 for each fiscal year. from rents and royalty payments for leases extent necessary to fulfill the Corporation’s SEC. 6512. REVENUE ALLOCATION. issued under this title shall be deposited into entitlement under section 12 of the Alaska (a) FEDERAL AND STATE DISTRIBUTION.— the Royalties Conservation Fund. Native Claims Settlement Act (43 U.S.C. (1) IN GENERAL.—Notwithstanding section (3) USE, GENERALLY.—Subject to paragraph 1611); and 6504 of this Act, the Mineral Leasing Act (30 (4), funds deposited into the Royalties Con- (2) to the Arctic Slope Regional Corpora- U.S.C. 181 et. seq.), or any other law, of the servation Fund— tion the subsurface estate beneath such sur- amount of adjusted bonus, rental, and roy- face estate pursuant to the August 9, 1983, alty revenues from oil and gas leasing and (A) may be used by the Secretary of the In- agreement between the Arctic Slope Re- operations authorized under this title— terior and the Secretary of Agriculture to fi- gional Corporation and the United States of (A) 50 percent shall be paid to the State of nance grants, contracts, cooperative agree- America. Alaska; and ments, and expenses for direct activities of the Department of the Interior and the For- SEC. 6511. LOCAL GOVERNMENT IMPACT AID AND (B) the balance shall be deposited into the COMMUNITY SERVICE ASSISTANCE. Renewable Energy Technology Investment est Service to restore and otherwise conserve lands and habitat and to eliminate mainte- (a) FINANCIAL ASSISTANCE AUTHORIZED.— Fund and the Royalties Conservation Fund nance and improvements backlogs on Fed- (1) IN GENERAL.—The Secretary may use as provided in this section. eral lands, including the costs of admin- amounts available from the Coastal Plain (2) ADJUSTMENTS.—Adjustments to bonus, Local Government Impact Aid Assistance rental, and royalty amounts from oil and gas istering and reporting on such a program; Fund established by subsection (d) to provide leasing and operations authorized under this and timely financial assistance to entities that title shall be made as necessary for overpay- (B) may be used by the Secretary of the In- are eligible under paragraph (2) and that are ments and refunds from lease revenues re- terior to finance grants, contracts, coopera- directly impacted by the exploration for or ceived in current or subsequent periods be- tive agreements, and expenses— production of oil and gas on the Coastal fore distribution of such revenues pursuant (i) to preserve historic Federal properties; Plain under this title. to this section. (ii) to assist States and Indian Tribes in preserving their historic properties; (2) ELIGIBLE ENTITIES.—The North Slope (3) TIMING OF PAYMENTS TO STATE.—Pay- Borough, Kaktovik, and other boroughs, mu- ments to the State of Alaska under this sec- (iii) to foster the development of urban nicipal subdivisions, villages, and any other tion shall be made semiannually. parks; and community organized under Alaska State (b) RENEWABLE ENERGY TECHNOLOGY IN- (iv) to conduct research to improve the ef- law shall be eligible for financial assistance VESTMENT FUND.— fectiveness and lower the costs of habitat under this section. (1) ESTABLISHMENT AND AVAILABILITY.— restoration. (b) USE OF ASSISTANCE.—Financial assist- There is hereby established in the Treasury (4) USE FOR ADJUSTMENTS AND REFUNDS.—If ance under this section may be used only of the United States a separate account for any circumstances, refunds or adjust- for— which shall be known as the ‘‘Renewable En- ments of royalty and rental amounts depos- (1) planning for mitigation of the potential ergy Technology Investment Fund’’. ited pursuant to this title become warranted, effects of oil and gas exploration and devel- (2) DEPOSITS.—Fifty percent of adjusted 50 percent of the amount necessary for the opment on environmental, social, cultural, revenues from bonus payments for leases sum of such adjustments and refunds may be recreational and subsistence values; issued under this title shall be deposited into paid from the Royalties Conservation Fund. (2) implementing mitigation plans and the Renewable Energy Technology Invest- (d) AVAILABILITY.—Moneys covered into maintaining mitigation projects; and ment Fund. the accounts established by this section— (3) developing, carrying out, and maintain- (3) USE, GENERALLY.—Subject to paragraph (1) shall be available for expenditure only ing projects and programs that provide new (4), funds deposited into the Renewable En- to the extent appropriated therefor; or expanded public facilities and services to ergy Technology Investment Fund shall be (2) may be appropriated without fiscal-year address needs and problems associated with used by the Secretary of Energy to finance limitation; and such effects, including firefighting, police, research grants, contracts, and cooperative (3) may be obligated or expended only as water, waste treatment, medivac, and med- agreements and expenses of direct research provided in this section. ical services. by Federal agencies, including the costs of TITLE VI—CONSERVATION OF ENERGY BY (c) APPLICATION.— administering and reporting on such a pro- THE DEPARTMENT OF THE INTERIOR (1) IN GENERAL.—Any community that is gram of research, to improve and dem- SEC. 6601. ENERGY CONSERVATION BY THE DE- eligible for assistance under this section onstrate technology and develop basic PARTMENT OF THE INTERIOR. may submit an application for such assist- science information for development and use (a) IN GENERAL.—The Secretary of the In- ance to the Secretary, in such form and of renewable and alternative fuels including terior shall— under such procedures as the Secretary may wind energy, solar energy, geothermal en- (1) conduct a study to identify, evaluate, prescribe by regulation. ergy, and energy from biomass. Such re- and recommend opportunities for conserving (2) NORTH SLOPE BOROUGH COMMUNITIES.—A search may include studies on deployment of energy by reducing the amount of energy community located in the North Slope Bor- such technology including research on how used by facilities of the Department of the ough may apply for assistance under this to lower the costs of introduction of such Interior; and section either directly to the Secretary or technology and of barriers to entry into the (2) wherever feasible and appropriate, re- through the North Slope Borough. market of such technology. duce the use of energy from traditional (3) APPLICATION ASSISTANCE.—The Sec- (4) USE FOR ADJUSTMENTS AND REFUNDS.—If sources by encouraging use of alternative en- retary shall work closely with and assist the for any circumstances, adjustments or re- ergy sources, including solar power and

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9920 CONGRESSIONAL RECORD — SENATE September 26, 2001 power from fuel cells, throughout such facili- tained in the second sentence of subsection ‘‘(ii) The project is likely to substantially ties and the public lands of the United (a) relating to commencement of production reduce the risk of future damage, hardship, States. at the end of 10 years.’’. loss, or suffering. (b) REPORTS.—The Secretary shall submit (b) AUTHORITY TO WAIVE, SUSPEND, OR RE- ‘‘(iii) The project addresses one or more to the Congress— DUCE ADVANCE ROYALTIES.—Section 39 of the problems that have been repetitive or that (1) by not later than 90 days after the date Mineral Leasing Act (30 U.S.C. 209) is amend- pose a significant risk to public health and of the enactment of this Act, a report con- ed by striking the last sentence. safety. taining the findings, conclusions, and rec- SEC. 6704. ELIMINATION OF DEADLINE FOR SUB- ‘‘(iv) The project is not likely to cost more ommendations of the study under subsection MISSION OF COAL LEASE OPER- than the value of the reduction in direct (a)(1); and ATION AND RECLAMATION PLAN. damage and other negative impacts that the (2) by not later than December 31 each Section 7(c) of the Mineral Leasing Act (30 project is designed to prevent or mitigate. year, an annual report describing progress U.S.C. 207(c)) is amended by striking ‘‘and The cost benefit analysis required by this made in— not later than three years after a lease is criterion shall be computed on a net present (A) conserving energy through opportuni- issued,’’. value basis. ties recommended in the report under para- TITLE VIII—INSULAR AREAS ENERGY ‘‘(v) The project design has taken into con- graph (1); and SECURITY sideration long-term changes to the areas (B) encouraging use of alternative energy SEC. 6801. INSULAR AREAS ENERGY SECURITY. and persons it is designed to protect and has sources under subsection (a)(2). Section 604 of the Act entitled ‘‘An Act to manageable future maintenance and modi- SEC. 6602. AMENDMENT TO BUY INDIAN ACT. authorize appropriations for certain insular fication requirements. Section 23 of the Act of June 25, 1910 (25 areas of the United States, and for other pur- ‘‘(vi) The project plan includes an analysis U.S.C. 47; commonly known as the ‘‘Buy In- poses’’, approved December 24, 1980 (Public of a range of options to address the problem dian Act’’) is amended by inserting ‘‘energy Law 96–597; 94 Stat. 3480–3481), is amended— it is designed to prevent or mitigate and a products, and energy by-products,’’ after (1) in subsection (a)(4) by striking the pe- justification for the selection of the project ‘‘printing,’’. riod and inserting a semicolon; in light of that analysis. TITLE VII—COAL (2) by adding at the end of subsection (a) ‘‘(vii) The applicant has demonstrated to the following new paragraphs: the Secretary that the matching funds re- SEC. 6701. LIMITATION ON FEES WITH RESPECT quired by subparagraph (D) are available. TO COAL LEASE APPLICATIONS AND ‘‘(5) electric power transmission and dis- DOCUMENTS. tribution lines in insular areas are inad- ‘‘(C) PRIORITY.—When making grants under Notwithstanding sections 304 and 504 of the equate to withstand damage caused by the this paragraph, the Secretary shall give pri- Federal Land Policy and Management Act of hurricanes and typhoons which frequently ority to grants for projects which are likely 1976 (43 U.S.C. 1734, 1764) and section 9701 of occur in insular areas and such damage often to— title 31, United States Code, the Secretary costs millions of dollars to repair; and ‘‘(i) have the greatest impact on reducing shall not recover the Secretary’s costs with ‘‘(6) the refinement of renewable energy future disaster losses; and respect to applications and other documents technologies since the publication of the 1982 ‘‘(ii) best conform with plans that have relating coal leases. Territorial Energy Assessment prepared pur- been approved by the Federal Government or the government of the territory where the SEC. 6702. MINING PLANS. suant to subsection (c) reveals the need to project is to be carried out for development Section 2(d)(2) of the Mineral Leasing Act reassess the state of energy production, con- or hazard mitigation for that territory. (30 U.S.C. 202a(2)) is amended— sumption, infrastructure, reliance on im- ‘‘(D) MATCHING REQUIREMENT.—The Federal (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and ported energy, and indigenous sources in re- share of the cost for a project for which a (2) by adding at the end the following: gard to the insular areas.’’; grant is provided under this paragraph shall ‘‘(B) The Secretary may establish a period (3) by amending subsection (e) to read as not exceed 75 percent of the total cost of of more than 40 years if the Secretary deter- follows: that project. The non-Federal share of the mines that the longer period— ‘‘(e)(1) The Secretary of the Interior, in cost may be provided in the form of cash or ‘‘(i) will ensure the maximum economic re- consultation with the Secretary of Energy services. covery of a coal deposit; or and the chief executive officer of each insu- ‘‘(E) TREATMENT OF FUNDS FOR CERTAIN ‘‘(ii) the longer period is in the interest of lar area, shall update the plans required PURPOSES.—Grants provided under this para- the orderly, efficient, or economic develop- under subsection (c) by— graph shall not be considered as income, a ment of a coal resources.’’. ‘‘(A) updating the contents required by subsection (c); resource, or a duplicative program when de- SEC. 6703. PAYMENT OF ADVANCE ROYALTIES termining eligibility or benefit levels for UNDER COAL LEASES. ‘‘(B) drafting long-term energy plans for Federal major disaster and emergency as- (a) IN GENERAL.—Section 7(b) of the Min- such insular areas with the objective of re- sistance. eral Leasing Act of 1920 (30 U.S.C. 207(b)) is ducing, to the extent feasible, their reliance ‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— amended to read as follows: on energy imports by the year 2010 and maxi- There is authorized to be appropriated to ‘‘(b)(1) Each lease shall be subjected to the mizing, to the extent feasible, use of indige- carry out this paragraph $5,000,000 for each condition of diligent development and con- nous energy sources; and fiscal year beginning after the date of the en- tinued operation of the mine or mines, ex- ‘‘(C) drafting long-term energy trans- actment of this paragraph.’’. cept where operations under the lease are in- mission line plans for such insular areas terrupted by strikes, the elements, or casual- with the objective that the maximum per- DIVISION F ties not attributable to the lessee. centage feasible of electric power trans- SEC. 7101. BUY AMERICAN. ‘‘(2)(A) The Secretary of the Interior, upon mission and distribution lines in each insu- No funds authorized under this Act shall be determining that the public interest will be lar area be protected from damage caused by available to any person or entity that has served thereby, may suspend the condition of hurricanes and typhoons. been convicted of violating the Buy Amer- continued operation upon the payment of ad- ‘‘(2) Not later than May 31, 2003, the Sec- ican Act (41 U.S.C. 10a–10c). retary of the Interior shall submit to Con- vance royalties. DIVISION G ‘‘(B) Such advance royalties shall be com- gress the updated plans for each insular area puted based on the average price for coal required by this subsection.’’; and SEC. 8101. SENSE OF THE SENATE. sold in the spot market from the same region (4) by amending subsection (g)(4) to read as Be it Resolved, That it is the sense of the during the last month of each applicable con- follows: Senate that the U.S. Senate should promptly tinued operation year. ‘‘(4) POWER LINE GRANTS FOR TERRITORIES.— consider tax policies, which encourage con- ‘‘(C) The aggregate number of years during ‘‘(A) IN GENERAL.—The Secretary of the In- servation, efficiency, alternative source, the initial and any extended term of any terior is authorized to make grants to gov- technology development, and domestic pro- lease for which advance royalties may be ac- ernments of territories of the United States duction, including renewables, to reduce the cepted in lieu of the condition of continued to carry out eligible projects to protect elec- United States dependence on foreign energy operation shall not exceed 20. tric power transmission and distribution sources. ‘‘(3) The amount of any production royalty lines in such territories from damage caused paid for any year shall be reduced (but not by hurricanes and typhoons. below zero) by the amount of any advance ‘‘(B) ELIGIBLE PROJECTS.—The Secretary SA 1692. Mrs. FEINSTEIN (for herself royalties paid under such lease to the extent may award grants under subparagraph (A) and Mrs. HUTCHISON) submitted an that such advance royalties have not been only to governments of territories of the amendment intended to be proposed by used to reduce production royalties for a United States that submit written project her to the bill H.R. 2904, making appro- prior year. plans to the Secretary for projects that meet priations for military construction, ‘‘(4) This subsection shall be applicable to the following criteria: family housing, and base realignment any lease or logical mining unit in existence ‘‘(i) The project is designed to protect elec- on the date of the enactment of this para- tric power transmission and distribution and closure for the Department of De- graph or issued or approved after such date. lines located in one or more of the territories fense for the fiscal year ending Sep- ‘‘(5) Nothing in this subsection shall be of the United States from damage caused by tember 30, 2002, and for other purposes; construed to affect the requirement con- hurricanes and typhoons. as follows:

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9921 Strike all after the enacting clause and in- public works, installations, facilities, and tary Construction Authorization Acts, sert the following: real property for activities and agencies of $53,732,000, to remain available until Sep- That the following sums are appropriated, the Department of Defense (other than the tember 30, 2006. out of any money in the Treasury not other- military departments), as currently author- NORTH ATLANTIC TREATY ORGANIZATION wise appropriated for military construction, ized by law, $881,058,000, to remain available SECURITY INVESTMENT PROGRAM family housing, and base realignment and until September 30, 2006: Provided, That such For the United States share of the cost of closure functions administered by the De- amounts of this appropriation as may be de- the North Atlantic Treaty Organization Se- partment of Defense, for the fiscal year end- termined by the Secretary of Defense may be curity Investment Program for the acquisi- ing September 30, 2002, and for other pur- transferred to such appropriations of the De- tion and construction of military facilities poses, namely: partment of Defense available for military and installations (including international MILITARY CONSTRUCTION, ARMY construction or family housing as he may military headquarters) and for related ex- (INCLUDING RESCISSION) designate, to be merged with and to be avail- penses for the collective defense of the North able for the same purposes, and for the same For acquisition, construction, installation, Atlantic Treaty Area as authorized in Mili- time period, as the appropriation or fund to and equipment of temporary or permanent tary Construction Authorization Acts and which transferred: Provided further, That of public works, military installations, facili- section 2806 of title 10, United States Code, the amount appropriated, not to exceed ties, and real property for the Army as cur- $162,600,000, to remain available until ex- $88,496,000 shall be available for study, plan- rently authorized by law, including per- pended. ning, design, architect and engineer services, sonnel in the Army Corps of Engineers and FAMILY HOUSING, ARMY other personal services necessary for the as authorized by law, unless the Secretary of Defense determines that additional obliga- For expenses of family housing for the purposes of this appropriation, and for con- Army for construction, including acquisi- struction and operation of facilities in sup- tions are necessary for such purposes and no- tifies the Committees on Appropriations of tion, replacement, addition, expansion, ex- port of the functions of the Commander in tension and alteration and for operation and Chief, $1,668,957,000, to remain available until both Houses of Congress of his determination and the reasons therefor: Provided further, maintenance, including debt payment, leas- September 30, 2006: Provided, That of this ing, minor construction, principal and inter- amount, not to exceed $176,184,000 shall be That of the funds appropriated for ‘‘Military Construction, Defense-wide’’ under division est charges, and insurance premiums, as au- available for study, planning, design, archi- thorized by law, as follows: for Construction, tect and engineer services, and host nation A of Public Law 106–246, $55,030,000 are re- scinded: Provided further, That of the funds $312,742,000, to remain available until Sep- support, as authorized by law, unless the tember 30, 2006; for Operation and Mainte- Secretary of Defense determines that addi- appropriated for ‘‘Military Construction, De- fense-wide’’ under division B of Public Law nance, and for debt payment, $1,108,991,000; in tional obligations are necessary for such pur- all $1,421,733,000. poses and notifies the Committees on Appro- 106–246, $10,250,000 are rescinded: Provided fur- FAMILY HOUSING, NAVY AND MARINE CORPS priations of both Houses of Congress of his ther, That of the funds appropriated for determination and the reasons therefor: Pro- ‘‘Military Construction, Defense-Wide’’ For expenses of family housing for the vided further, That of the funds appropriated under previous Military Construction Acts, Navy and Marine Corps for construction, in- for ‘‘Military Construction, Army’’ under di- $4,000,000 are rescinded. cluding acquisition, replacement, addition, vision A of Public Law 106–246, $26,400,000 are MILITARY CONSTRUCTION, ARMY NATIONAL expansion, extension and alteration and for rescinded. GUARD operation and maintenance, including debt payment, leasing, minor construction, prin- MILITARY CONSTRUCTION, NAVY For construction, acquisition, expansion, cipal and interest charges, and insurance (INCLUDING RESCISSION) rehabilitation, and conversion of facilities premiums, as authorized by law, as follows: for the training and administration of the For acquisition, construction, installation, for Construction, $312,600,000, to remain Army National Guard, and contributions and equipment of temporary or permanent available until September 30, 2006; for Oper- therefor, as authorized by chapter 1803 of public works, naval installations, facilities, ation and Maintenance, and for debt pay- title 10, United States Code, and Military and real property for the Navy as currently ment, $918,095,000; in all $1,230,695,000. authorized by law, including personnel in the Construction Authorization Acts, FAMILY HOUSING, AIR FORCE Naval Facilities Engineering Command and $378,549,000, to remain available until Sep- other personal services necessary for the tember 30, 2006. For expenses of family housing for the Air purposes of this appropriation, $1,148,633,000, MILITARY CONSTRUCTION, AIR NATIONAL Force for construction, including acquisi- to remain available until September 30, 2006: GUARD tion, replacement, addition, expansion, ex- tension and alteration and for operation and Provided, That of this amount, not to exceed For construction, acquisition, expansion, maintenance, including debt payment, leas- $37,332,000 shall be available for study, plan- rehabilitation, and conversion of facilities ing, minor construction, principal and inter- ning, design, architect and engineer services, for the training and administration of the est charges, and insurance premiums, as au- as authorized by law, unless the Secretary of Air National Guard, and contributions there- thorized by law, as follows: for Construction, Defense determines that additional obliga- for, as authorized by chapter 1803 of title 10, $550,703,000, to remain available until Sep- tions are necessary for such purposes and no- United States Code, and Military Construc- tember 30, 2006; for Operation and Mainte- tifies the Committees on Appropriations of tion Authorization Acts, $222,767,000, to re- nance, and for debt payment, $869,121,000; in both Houses of Congress of his determination main available until September 30, 2006. and the reasons therefor: Provided further, all $1,419,824,000. MILITARY CONSTRUCTION, ARMY RESERVE That of the funds appropriated for ‘‘Military FAMILY HOUSING, DEFENSE-WIDE Construction, Navy’’ under division A of For construction, acquisition, expansion, For expenses of family housing for the ac- Public Law 106–246, $19,588,000 are rescinded. rehabilitation, and conversion of facilities tivities and agencies of the Department of for the training and administration of the MILITARY CONSTRUCTION, AIR FORCE Defense (other than the military depart- Army Reserve as authorized by chapter 1803 (INCLUDING RESCISSION) ments) for construction, including acquisi- of title 10, United States Code, and Military tion, replacement, addition, expansion, ex- For acquisition, construction, installation, Construction Authorization Acts, and equipment of temporary or permanent tension and alteration, and for operation and $111,404,000, to remain available until Sep- maintenance, leasing, and minor construc- public works, military installations, facili- tember 30, 2006. ties, and real property for the Air Force as tion, as authorized by law, as follows: for currently authorized by law, $1,148,269,000, to MILITARY CONSTRUCTION, NAVAL RESERVE Construction, $250,000 to remain available remain available until September 30, 2006: (INCLUDING RESCISSION) until September 30, 2006; for Operation and Provided, That of this amount, not to exceed For construction, acquisition, expansion, Maintenance, $43,762,000; in all $44,012,000. $83,420,000 shall be available for study, plan- rehabilitation, and conversion of facilities DEPARTMENT OF DEFENSE FAMILY HOUSING ning, design, architect and engineer services, for the training and administration of the re- IMPROVEMENT FUND as authorized by law, unless the Secretary of serve components of the Navy and Marine For the Department of Defense Family Defense determines that additional obliga- Corps as authorized by chapter 1803 of title Housing Improvement Fund, $2,000,000, to re- tions are necessary for such purposes and no- 10, United States Code, and Military Con- main available until expended, for family tifies the Committees on Appropriations of struction Authorization Acts, $33,641,000, to housing initiatives undertaken pursuant to both Houses of Congress of his determination remain available until September 30, 2006: section 2883 of title 10, United States Code, and the reasons therefor: Provided further, Provided, That of the funds appropriated for providing alternative means of acquiring and That of the funds appropriated for ‘‘Military ‘‘Military Construction, Naval Reserve’’ improving military family housing, and sup- Construction, Air Force’’ under previous under division A of Public Law 106–246, porting facilities. Military Construction Acts, $4,000,000 are re- $925,000 are rescinded. HOMEOWNERS ASSISTANCE FUND, DEFENSE scinded. MILITARY CONSTRUCTION, AIR FORCE RESERVE For the Homeowners Assistance Fund es- MILITARY CONSTRUCTION, DEFENSE-WIDE For construction, acquisition, expansion, tablished by Section 1013 of the Demonstra- (INCLUDING TRANSFER AND RESCISSIONS OF rehabilitation, and conversion of facilities tion Cities and Metropolitan Development FUNDS) for the training and administration of the Act of 1966, as amended (42 U.S.C. 3374) For acquisition, construction, installation, Air Force Reserve as authorized by chapter $10,119,000, to remain available until ex- and equipment of temporary or permanent 1803 of title 10, United States Code, and Mili- pended.

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BASE REALIGNMENT AND CLOSURE ACCOUNT, country, or in countries bordering the Ara- SEC. 119. The Secretary of Defense is to PART IV bian Gulf, unless such contracts are awarded provide the Committees on Appropriations of For deposit into the Department of De- to United States firms or United States the Senate and the House of Representatives fense Base Closure Account 1990 established firms in joint venture with host nation with an annual report by February 15, con- by section 2906(a)(1) of the Department of De- firms. taining details of the specific actions pro- fense Authorization Act, 1991 (Public Law SEC. 112. None of the funds appropriated in posed to be taken by the Department of De- 101–510), $682,200,000, to remain available Military Construction Appropriations Acts fense during the current fiscal year to en- until expended. for military construction in the United courage other member nations of the North States territories and possessions in the Pa- Atlantic Treaty Organization, Japan, Korea, GENERAL PROVISIONS cific and on Kwajalein Atoll, or in countries and United States allies bordering the Ara- SEC. 101. None of the funds appropriated in bordering the Arabian Gulf, may be used to bian Gulf to assume a greater share of the Military Construction Appropriations Acts award any contract estimated by the Gov- common defense burden of such nations and shall be expended for payments under a cost- ernment to exceed $1,000,000 to a foreign con- the United States. plus-a-fixed-fee contract for construction, tractor: Provided, That this section shall not (TRANSFER OF FUNDS) where cost estimates exceed $25,000, to be be applicable to contract awards for which SEC. 120. During the current fiscal year, in performed within the United States, except the lowest responsive and responsible bid of addition to any other transfer authority Alaska, without the specific approval in a United States contractor exceeds the low- available to the Department of Defense, pro- writing of the Secretary of Defense setting est responsive and responsible bid of a for- ceeds deposited to the Department of De- forth the reasons therefor. eign contractor by greater than 20 percent: fense Base Closure Account established by SEC. 102. Funds appropriated to the Depart- Provided further, That this section shall not section 207(a)(1) of the Defense Authorization ment of Defense for construction shall be apply to contract awards for military con- Amendments and Base Closure and Realign- available for hire of passenger motor vehi- struction on Kwajalein Atoll for which the ment Act (Public Law 100–526) pursuant to cles. lowest responsive and responsible bid is sub- section 207(a)(2)(C) of such Act, may be SEC. 103. Funds appropriated to the Depart- mitted by a Marshallese contractor. transferred to the account established by ment of Defense for construction may be SEC. 113. The Secretary of Defense is to in- section 2906(a)(1) of the Department of De- used for advances to the Federal Highway form the appropriate committees of Con- fense Authorization Act, 1991, to be merged gress, including the Committees on Appro- Administration, Department of Transpor- with, and to be available for the same pur- priations, of the plans and scope of any pro- tation, for the construction of access roads poses and the same time period as that ac- posed military exercise involving United as authorized by section 210 of title 23, count. United States Code, when projects author- States personnel 30 days prior to its occur- (TRANSFER OF FUNDS) ized therein are certified as important to the ring, if amounts expended for construction, national defense by the Secretary of Defense. either temporary or permanent, are antici- SEC. 121. Subject to 30 days prior notifica- SEC. 104. None of the funds appropriated in pated to exceed $100,000. tion to the Committees on Appropriations, this Act may be used to begin construction SEC. 114. Not more than 20 percent of the such additional amounts as may be deter- of new bases inside the continental United appropriations in Military Construction Ap- mined by the Secretary of Defense may be States for which specific appropriations have propriations Acts which are limited for obli- transferred to the Department of Defense not been made. gation during the current fiscal year shall be Family Housing Improvement Fund from SEC. 105. No part of the funds provided in obligated during the last 2 months of the fis- amounts appropriated for construction in Military Construction Appropriations Acts cal year. ‘‘Family Housing’’ accounts, to be merged shall be used for purchase of land or land (TRANSFER OF FUNDS) with and to be available for the same pur- poses and for the same period of time as easements in excess of 100 percent of the SEC. 115. Funds appropriated to the Depart- value as determined by the Army Corps of ment of Defense for construction in prior amounts appropriated directly to the Fund: Engineers or the Naval Facilities Engineer- years shall be available for construction au- Provided, That appropriations made available ing Command, except: (1) where there is a de- thorized for each such military department to the Fund shall be available to cover the termination of value by a Federal court; (2) by the authorizations enacted into law dur- costs, as defined in section 502(5) of the Con- purchases negotiated by the Attorney Gen- ing the current session of Congress. gressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department eral or his designee; (3) where the estimated SEC. 116. For military construction or fam- value is less than $25,000; or (4) as otherwise ily housing projects that are being com- of Defense pursuant to the provisions of sub- determined by the Secretary of Defense to be pleted with funds otherwise expired or lapsed chapter IV of chapter 169, title 10, United States Code, pertaining to alternative means in the public interest. for obligation, expired or lapsed funds may of acquiring and improving military family SEC. 106. None of the funds appropriated in be used to pay the cost of associated super- Military Construction Appropriations Acts vision, inspection, overhead, engineering and housing and supporting facilities. SEC. 122. None of the funds appropriated or shall be used to: (1) acquire land; (2) provide design on those projects and on subsequent claims, if any. made available by this Act may be obligated for site preparation; or (3) install utilities for for Partnership for Peace Programs in the any family housing, except housing for SEC. 117. Notwithstanding any other provi- sion of law, any funds appropriated to a mili- New Independent States of the former Soviet which funds have been made available in an- Union. nual Military Construction Appropriations tary department or defense agency for the construction of military projects may be ob- SEC. 123. (a) Not later than 60 days before Acts. issuing any solicitation for a contract with SEC. 107. None of the funds appropriated in ligated for a military construction project or contract, or for any portion of such a project the private sector for military family hous- Military Construction Appropriations Acts ing the Secretary of the military department for minor construction may be used to trans- or contract, at any time before the end of the fourth fiscal year after the fiscal year for concerned shall submit to the congressional fer or relocate any activity from one base or defense committees the notice described in installation to another, without prior notifi- which funds for such project were appro- priated if the funds obligated for such subsection (b). cation to the Committees on Appropriations. (b)(1) A notice referred to in subsection (a) project: (1) are obligated from funds avail- SEC. 108. No part of the funds appropriated is a notice of any guarantee (including the able for military construction projects; and in Military Construction Appropriations making of mortgage or rental payments) (2) do not exceed the amount appropriated Acts may be used for the procurement of proposed to be made by the Secretary to the for such project, plus any amount by which steel for any construction project or activity private party under the contract involved in the cost of such project is increased pursuant for which American steel producers, fabrica- the event of— to law. tors, and manufacturers have been denied (A) the closure or realignment of the in- the opportunity to compete for such steel (TRANSFER OF FUNDS) stallation for which housing is provided procurement. SEC. 118. During the 5-year period after ap- under the contract; SEC. 109. None of the funds available to the propriations available to the Department of (B) a reduction in force of units stationed Department of Defense for military con- Defense for military construction and family at such installation; or struction or family housing during the cur- housing operation and maintenance and con- (C) the extended deployment overseas of rent fiscal year may be used to pay real struction have expired for obligation, upon a units stationed at such installation. property taxes in any foreign nation. determination that such appropriations will (2) Each notice under this subsection shall SEC. 110. None of the funds appropriated in not be necessary for the liquidation of obli- specify the nature of the guarantee involved Military Construction Appropriations Acts gations or for making authorized adjust- and assess the extent and likelihood, if any, may be used to initiate a new installation ments to such appropriations for obligations of the liability of the Federal Government overseas without prior notification to the incurred during the period of availability of with respect to the guarantee. Committees on Appropriations. such appropriations, unobligated balances of (c) In this section, the term ‘‘congressional SEC. 111. None of the funds appropriated in such appropriations may be transferred into defense committees’’ means the following: Military Construction Appropriations Acts the appropriation ‘‘Foreign Currency Fluc- (1) The Committee on Armed Services and may be obligated for architect and engineer tuations, Construction, Defense’’ to be the Military Construction Subcommittee, contracts estimated by the Government to merged with and to be available for the same Committee on Appropriations of the Senate. exceed $500,000 for projects to be accom- time period and for the same purposes as the (2) The Committee on Armed Services and plished in Japan, in any NATO member appropriation to which transferred. the Military Construction Subcommittee,

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9923 Committee on Appropriations of the House 1438, to authorize appropriations for (C) by adding at the end the following: of Representatives. fiscal year 2002 for military activities ‘‘(C) notwithstanding subparagraphs (A) (TRANSFER OF FUNDS) of the Department of Defense, for mili- and (B), in the case of a bundled contract— SEC. 124. During the current fiscal year, in tary constructions, and for defense ac- ‘‘(i) the concern will perform work for at addition to any other transfer authority tivities of the Department of Energy, least 33 percent of the aggregate dollar value available to the Department of Defense, of the anticipated award; to prescribe personnel strengths for ‘‘(ii) no other concern will perform a great- amounts may be transferred from the ac- such fiscal year for the Armed Forces, count established by section 2906(a)(1) of the er proportion of the work on that contract; Department of Defense Authorization Act, and for other purposes; as follows: and 1991, to the fund established by section At the appropriate place, insert the fol- ‘‘(iii) no other concern that is not a small 1013(d) of the Demonstration Cities and Met- lowing: business concern will perform work on the ropolitan Development Act of 1966 (42 U.S.C. SEC. ll. SMALL BUSINESS PROCUREMENT COM- contract.’’. PETITION. 3374) to pay for expenses associated with the (c) SMALL BUSINESS PROCUREMENT COM- (a) DEFINITION OF COVERED CONTRACTS.— Homeowners Assistance Program. Any PETITION PILOT PROGRAM.— Section 15(e)(4) of the Small Business Act (15 amounts transferred shall be merged with (1) DEFINITIONS.—In this subsection— U.S.C. 644(e)(4)) is amended— and be available for the same purposes and (A) the term ‘‘Administrator’’ means the (1) by inserting after ‘‘bundled contract’’ for the same time period as the fund to Administrator of the Small Business Admin- the following: ‘‘, the aggregate dollar value which transferred. istration; of which is anticipated to be less than SEC. 125. Notwithstanding this or any other (B) the term ‘‘Federal agency’’ has the $5,000,000, or any contract, whether or not provision of law, funds appropriated in Mili- same meaning as in section 3 of the Small the contract is a bundled contract, the ag- tary Construction Appropriations Acts for Business Act (15 U.S.C. 632); gregate dollar value of which is anticipated operations and maintenance of family hous- (C) the term ‘‘Program’’ means the Small to be $5,000,000 or more’’; ing shall be the exclusive source of funds for Business Procurement Competition Program (2) by striking ‘‘In the’’ and inserting the repair and maintenance of all family housing established under paragraph (2); following: units, including flag and general officer (D) the term ‘‘small business concern’’ has quarters: Provided, That not more than ‘‘(A) IN GENERAL.—In the’’; and (3) by adding at the end the following: the same meaning as in section 3 of the $35,000 per unit may be spent annually for Small Business Act (15 U.S.C. 632); and ‘‘(B) CONTRACTING GOALS.— the maintenance and repair of any general or (E) the term ‘‘small business-only joint flag officer quarters without 30 days advance ‘‘(i) IN GENERAL.—A contract award under this paragraph to a team that is comprised ventures’’ means a team described in section prior notification of the appropriate commit- 15(e)(4) of the Small Business Act (15 U.S.C. tees of Congress: Provided further, That the entirely of small business concerns shall be counted toward the small business con- 644(e)(4)) comprised of only small business Under Secretary of Defense (Comptroller) is concerns. to report annually to the Committees on Ap- tracting goals of the contracting agency, as required by this Act. (2) ESTABLISHMENT OF PROGRAM.—The Ad- propriations all operations and maintenance ministrator shall establish in the Small expenditures for each individual flag and ‘‘(ii) PREPONDERANCE TEST.—The ownership of the small business that conducts the pre- Business Administration a pilot program to general officer quarters for the prior fiscal be known as the ‘‘Small Business Procure- year. ponderance of the work in a contract award- ment Competition Program’’. SEC. 126. In addition to the amounts pro- ed to a team described in clause (i) shall de- (3) PURPOSES OF PROGRAM.—The purposes of vided in Public Law 107–20, of the funds ap- termine the category or type of award for the Program are— propriated under the heading ‘‘Military Con- purposes of meeting the contracting goals of (A) to encourage small business-only joint struction, Air Force’’ in this Act, $8,000,000 is the contracting agency.’’. ventures to compete for contract awards to to remain available until September 30, 2005: (b) PROPORTIONATE WORK REQUIREMENTS fulfill the procurement needs of Federal Provided, That notwithstanding any other FOR BUNDLED CONTRACTS.— agencies; provision of law, such funds may be obli- (1) SECTION 8.—Section 8(a)(14)(A) of the (B) to facilitate the formation of joint ven- gated or expended to carry out planning and Small Business Act (15 U.S.C. 637(a)(14)(A)) is tures for procurement purposes among small design and military construction activities amended— business concerns; at the Masirah Island Airfield in Oman, not (A) in clause (i), by striking ‘‘and’’ at the (C) to engage in outreach to small busi- otherwise authorized by law. end; SEC. 127. Not later than 90 days after the (B) in clause (ii), by striking the period at ness-only joint ventures for Federal agency enactment of this bill, the Secretary of De- the end and inserting ‘‘; and’’; and procurement purposes; and fense shall submit to the congressional de- (C) by adding at the end the following: (D) to engage in outreach to the Director fense committees a master plan for the envi- ‘‘(iii) notwithstanding clauses (i) and (ii), of the Office of Small and Disadvantaged ronmental remediation of Hunters Point in the case of a bundled contract— Business Utilization and the procurement of- Naval Shipyard, California. The plan shall ‘‘(I) the concern will perform work for at ficer within each Federal agency. identify an aggregate cost estimate for the least 33 percent of the aggregate dollar value (4) OUTREACH.—Under the Program, the Ad- entire project as well as cost estimates for of the anticipated award; ministrator shall establish procedures to individual parcels. The plan shall also in- ‘‘(II) no other concern will perform a great- conduct outreach to small business concerns clude a detailed cleanup schedule and an er proportion of the work on that contract; interested in forming small business-only analysis of whether the Department is meet- and joint ventures for the purpose of fulfilling ing legal requirements and community com- ‘‘(III) no other concern that is not a small procurement needs of Federal agencies, sub- mitments. Following submission of the ini- business concern will perform work on the ject to the rules of the Administrator, in tial report, the Department shall submit contract.’’. consultation with the heads of those Federal semi-annual progress reports to the congres- (2) QUALIFIED HUBZONE SMALL BUSINESS agencies. sional defense committees. CONCERNS.—Section 3(p)(5)(A)(i)(III) of the (5) REGULATORY AUTHORITY.—The Adminis- This Act may be cited as the ‘‘Military Small Business Act (15 U.S.C. trator shall promulgate such regulations as Construction Appropriations Act, 2002’’. 632(p)(5)(A)(i)(III)) is amended— may be necessary to carry out this sub- (A) in item (bb), by striking ‘‘and’’ at the section. SA 1693. Mrs. HUTCHISON (for Mr. end; (6) SMALL BUSINESS ADMINISTRATION DATA- HUTCHINSON) proposed an amendment (B) by redesignating item (cc) as item (dd); BASE.—The Administrator shall establish to the bill H.R. 2904, making appropria- and and maintain a permanent database that tions for military construction, family (C) by inserting after item (bb) the fol- identifies small business concerns interested lowing: in forming small business-only joint ven- housing, and base realignment and clo- ‘‘(cc) notwithstanding items (aa) and (bb), tures, and shall make the database available sure for the Department of Defense for in the case of a bundled contract, the con- to each Federal agency and to small business the fiscal year ending September 30, cern will perform work for at least 33 percent concerns in electronic form to facilitate the 2002, and for other purposes; as follows: of the aggregate dollar value of the antici- formation of small business-only joint ven- Insert at the appropriate place in the bill pated award, no other concern will perform a tures. the following new item: greater proportion of the work on that con- (7) TERMINATION OF PROGRAM.—The Pro- Of the funds available under the heading tract, and no other concern that is not a gram (other than the database established ‘‘Military Construction, Defense-wide’’, for small business concern will perform work on under paragraph (6)) shall terminate 3 years the Pine Bluff Ammunition Demilitarization the contract; and’’. after the date of enactment of this Act. Facility (Phase VI) the Department may (3) SECTION 15.—Section 15(o)(1) of the (8) REPORT TO CONGRESS.—Not later than 60 spend up to $300,000 to conduct a feasibility Small Business Act (15 U.S.C. 644(o)(1)) is days before the date of termination of the study of the requirement for a defense road amended— Program, the Administrator shall submit a at Pine Bluff Arsenal, Arkansas. (A) in subparagraph (A), by striking ‘‘and’’ report to Congress on the results of the Pro- at the end; gram, together with any recommendations SA 1694. Mr. LEVIN (for Mr. KERRY) (B) in subparagraph (B), by striking the pe- for improvements to the Program and its po- proposed an amendment to the bill S. riod at the end and inserting ‘‘; and’’; and tential for use Governmentwide.

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(9) RELATIONSHIP TO OTHER LAWS.—Nothing ‘‘(B) CONCERNS DESCRIBED.—A small busi- In section 1007(a)(1), strike ‘‘Senior Finan- in this subsection waives or modifies the ap- ness concern is described in this subpara- cial Management Oversight Council’’ and in- plicability of any other provision of law to graph if the small business concern— sert ‘‘Financial Management Modernization procurements of any Federal agency in ‘‘(i) has a class of securities registered Executive Committee’’. which small business-only joint ventures under section 12 of the Securities Exchange In section 1007(a)(2), strike ‘‘Council’’ and may participate under the Program. Act of 1934 (15 U.S.C. 78l); and insert ‘‘Committee’’. ‘‘(ii) files reports with the Securities and In section 1007(a)(2), insert after ‘‘(Per- SA 1695. Mr. WARNER (for Mr. BOND) Exchange Commission as a small business sonnel and Readiness),’’ the following: ‘‘the proposed an amendment to the bill S. issuer.’’. chief information officer of the Department of Defense,’’. 1438, to authorize appropriations for ‘‘(C) NON-CITIZENS.—In this paragraph, the In section 1007(a)(3), strike ‘‘Council’’ and term ‘non-citizen’ means fiscal year 2002 for military activities insert ‘‘Committee’’. of the Department of Defense, for mili- ‘‘(i) an individual that is not a United In section 1007(a), add at the end the fol- tary constructions, and for defense ac- States citizen; and lowing: tivities of the Department of Energy, ‘‘(ii) any other person that is not organized (4) The Committee shall be accountable to under the laws of any State or the United the Senior Executive Council composed of to prescribe personnel strengths for States.’’. such fiscal year for the Armed Forces, the Secretary of Defense, the Deputy Sec- retary of Defense, the Under Secretary of De- and for other purposes; as follows: SA 1696. Mr. LEVIN (for Mr. DAYTON) fense for Acquisition, Technology, and Logis- On page 270, line 9, strike ‘‘(A)’’ and all proposed an amendment to the bill S. tics, the Secretary of the Army, the Sec- that follows through ‘‘(4)’’ on line 25. 1438, to authorize appropriations for retary of the Navy, and the Secretary of the On page 271, between lines 8 and 9, insert fiscal year 2002 for military activities Air Force. the following: of the Department of Defense, for mili- In section 1007(b), in the matter preceding (c) EVALUATION OF BUNDLING EFFECTS.— paragraph (1), strike ‘‘Senior Financial Man- Section 15(h)(2) of the Small Business Act (15 tary constructions, and for defense ac- agement Oversight Council’’ and insert ‘‘Fi- U.S.C. 644(h)(2)) is amended— tivities of the Department of Energy, nancial Management Modernization Execu- (1) in subparagraph (C), by inserting ‘‘, and to prescribe personnel strengths for tive Committee’’. whether contract bundling played a role in such fiscal year for the Armed Forces, In section 1007(b), add at the end the fol- the failure,’’ after ‘‘agency goals’’; and and for other purposes; as follows: lowing: (2) by adding at the end the following: At the end of subtitle A of title III, add the (4) To ensure that a Department of Defense ‘‘(G) The number and dollar value of con- following: financial management enterprise architec- solidations of contract requirements with a ture is development and maintained in ac- total value in excess of $5,000,000, including SEC. 306. IMPROVEMENTS IN INSTRUMENTATION AND TARGETS AT ARMY LIVE FIRE cordance with— the number of such consolidations that were TRAINING RANGES. (A) the overall business process trans- awarded to small business concerns as prime (a) INCREASE IN AUTHORIZATION OF APPRO- formation strategy of the Department; and contractors.’’. PRIATIONS FOR OPERATION AND MAINTENANCE, (B) the Command, Control, Communica- (d) REPORTING REQUIREMENT.—Section 15(p) ARMY.—The amount authorized to be appro- tions, Computers, Intelligence, Surveillance, of the Small Business Act (15 U.S.C. 644(p)) is priated by section 301(1) for the Army for op- and Reconnaissance Architecture Frame- amended to read as follows: eration and maintenance is hereby increased work of the Department. ‘‘(p) REPORTING REQUIREMENT.— (5) To ensure that investments in existing ‘‘(1) IN GENERAL.—The Administrator shall by $11,900,000 for improvements in instru- mentation and targets at Army live fire or proposed financial management systems conduct a study examining the best means to for the Department comply with the overall determine the accuracy of the market re- training ranges. (b) OFFSET.—The amount authorized to be business practice transformation strategy of search required under subsection (e)(2) for appropriated by section 302(1) for the Depart- the Department and the financial manage- each bundled contract, to determine if the ment of Defense for the Defense Working ment enterprise architecture developed anticipated benefits were realized, or if they Capital Funds is hereby decreased by under paragraph (4). were not realized, the reasons there for. $11,900,000, with the amount of the decrease (6) To provide an annual accounting of all ‘‘(2) PROVISION OF INFORMATION.—A Federal to be allocated to amounts available under financial and feeder system investment tech- agency shall provide to the appropriate pro- that section for fuel purchases. nology projects to ensure that such projects curement center representative a copy of are being implemented at acceptable cost market research required under subsection SA 1697. Mr. WARNER proposed an and within a reasonable schedule, and are (e)(2) for consolidations of contract require- amendment to the bill S. 1438, to au- contributing to tangible, observable im- ments with a total value in excess of provements in mission performance. $5,000,000, upon request. thorize appropriations for fiscal year 2002 for military activities on the De- In section 1007(c)(1), strike ‘‘of all’’ and all ‘‘(3) REPORT.—Not later than 270 days after that follows through the end and insert ‘‘of the date of enactment of the National De- partment of Defense, for military con- all budgetary, accounting, finance, and feed- fense Authorization Act for Fiscal Year 2002, structions, and for defense activities of er systems that support the transformed the Administrator shall submit a report to the Department of Energy, to prescribe business processes of the Department and the Committee on Small Business and Entre- personnel strengths for such fiscal year produce financial statements.’’. preneurship of the Senate and the Com- for the Armed Forces, and for other In section 1007(c)(2), strike ‘‘to financial mittee on Small Business of the House of purposes; as follows: statements before other actions are initi- Representatives on the results of the study ated.’’ and insert ‘‘to cognizant Department conducted under this subsection.’’. On page 18, line 13, increase the amount by business functions (as part of the overall On page 290, between lines 3 and 4, insert $20,000,000. business process transformation strategy of the following: On page 32, line 4, reduced the amount by the Department) and financial statements SEC. 824. HUBZONE SMALL BUSINESS CONCERNS. $20,000,000. before other actions are initiated.’’. Section 3(p) of the Small Business Act (15 In section 1007(c), strike paragraphs (3), (4), U.S.C. 632(p)) is amended— SA 1698. Mr. LEVIN (for Mr. BYRD and (5) and insert the following: (1) by redesignating paragraphs (4) through (for himself and Mr. GRASSLEY)) pro- (3) Periodic submittal to the Secretary of (7) as paragraphs (5) through (8), respec- posed an amendment to the bill S. 1438, Defense, the Deputy Secretary of Defense, tively; and to authorize appropriations for fiscal the Senior Executive Council, or any com- (2) by inserting after paragraph (3) the fol- year 2002 for military activities on the bination thereof, of reports on the progress lowing: Department of Defense, for military being made in achieving financial manage- ‘‘(4) RULE OF CONSTRUCTION RELATING TO constructions, and for defense activi- ment transformation goals and milestone in- CITIZENSHIP.— ties of the Department of Energy, to cluded in the annual financial management ‘‘(A) IN GENERAL.—A small business con- improvement plan in 2002 in accordance with cern described in subparagraph (B) meets the prescribe personnel strengths for such subsection (e). United States citizenship requirement of fiscal year for the Armed Forces, and (4) Documentation of the completion of paragraph (3)(A) if, at the time of applica- for other purposes; as follows: each phase—Awareness, Evaluation, Renova- tion by the concern to become a qualified In the section heading of section 1007, tion, Validation, and Compliance—of im- HUBZone small business concern for pur- strike ‘‘SENIOR FINANCIAL MANAGEMENT provements made to each accounting, fi- poses of any contract and at such times as OVERSIGHT COUNCIL’’ and insert ‘‘FINAN- nance, and feeder system. the Administrator shall require, no non-cit- CIAL MANAGEMENT MODERNIZATION EX- (5) Independent audit by the Inspector Gen- izen has filed a disclosure under section ECUTIVE COMMITTEE’’. eral of the Department, the audit agencies of 13(d)(1) of the Securities Exchange Act of In section 1007, strike the subsection cap- the military department, private sector 1934 (15 U.S.C. 78m(d)(1)) as the beneficial tion for subsection (a) and insert the fol- firms contracted to conduct validation au- owner of more than 10 percent of the out- lowing: ‘‘ESTABLISHMENT OF FINANCIAL MAN- dits, or any combination thereof, at the vali- standing shares of that small business con- AGEMENT MODERNIZATION EXECUTIVE COM- dation phase for each accounting, finance, cern. MITTEE.—’’. and feeder system.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9925 In section 1007, strike subsection (d) and is submitted was not implemented, a jus- (C) An assessment of the costs associated insert the following: tification for the lack of implementation of with carrying out the plan under subpara- (d) ANNUAL FINANCIAL MANAGEMENT IM- such element. graph (B). PROVEMENT PLAN.—(1) Subsection (a) of sec- (b) SENSE OF CONGRESS.—It is the sense of tion 2222 of title 10, United States Code, is SA 1699. Mr. WARNER (for Mr. BUN- Congress that the Secretary of Defense amended to read as follows: NING) proposed an amendment to the should consider utilizing funds available to ‘‘(a) ANNUAL PLAN REQUIRED.—The Sec- bill S. 1438, to authorize appropriations the Secretary for chemical and biological de- retary of Defense shall submit to Congress for fiscal year 2002 for military activi- fense programs, including funds available for an annual strategic plan for the improve- ties of the Department of Defense, for such program under this Act and funds avail- ment of financial management within the able for such programs under the 2001 Emer- Department of Defense. The plan shall be military construction, and for defense gency Supplemental Appropriations Act for submitted not later than September 30 each activities of the Department of Energy, Recovery from and Response to Terrorist At- year.’’. to prescribe personnel strengths for tacks on the United States, to provide an ap- (2)(A) The section heading of such section such fiscal year for the Armed Forces, propriate level of protection from chemical is amended to read as follows: and for other purposes; as follows: and biological attack, including protective ‘‘§ 2222. Annual financial management im- At the end of subtitle A of title XXVIII, equipment, for all military personnel and for provement plan’’. add the following: all civilian personnel of the Department of (B) The table of sections at the beginning SEC. 2806. AMENDMENT OF FEDERAL ACQUISI- Defense who are not currently protected of chapter 131 of such title is amended by TION REGULATION TO TREAT FI- from chemical or biological attack. striking the item relating to section 2222 and NANCING COSTS AS ALLOWABLE EX- inserting the following new item: PENSES UNDER CONTRACTS FOR SA 1701. Mr. WARNER (for Mr. ‘‘2222. Annual financial management im- UTILITY SERVICES FROM UTILITY ALLARD) proposed an amendment to SYSTEMS CONVEYED UNDER PRI- the bill S. 1438, to authorize appropria- provement plan.’’. VATIZATION INITIATIVE. (e) ADDITIONAL ELEMENTS FOR FINANCIAL (a) DETERMINATION OF ADVISABILITY OF tions for fiscal year 2002 for military MANAGEMENT IMPROVEMENT PLAN IN 2002.—In AMENDMENT.—Not later than 90 days after activities of the Department of De- the annual financial management improve- the date of the enactment of this Act, the fense, for military constructions, and ment plan submitted under section 2222 of Secretary of Defense shall determine wheth- for defense activities of the Depart- title 10, United States Code (as amended by er or not it is advisable to modify the Fed- ment of Energy, to prescribe personnel subsection (d)), in 2002, the Secretary shall eral Acquisition Regulation in order to pro- strengths for such fiscal year for the include the following: vide that a contract for utility services from Armed Forces, and for other purposes; (1) Measurable annual performance goals a utility system conveyed under section for improvement of the financial manage- 2688(a) of title 10, United States Code, may as follows: ment of the Department. include terms and conditions that recognize Strike sections 3172 through 3178 and insert (2) Performance milestones for initiatives financing costs, such as return on equity and the following: under the plan for transforming the financial interest on debt, as an allowable expense SEC. 3172. FINDINGS AND PURPOSES. management operations of the Department when incurred by the conveyee of the utility (a) FINDINGS.—Congress finds the fol- and for implementing a financial manage- system to acquire, operate, renovate, re- lowing: ment architecture for the Department. place, upgrade, repair, and expand the utility (1) The Federal Government, through the (3) An assessment of the anticipated an- system. Atomic Energy Commission, acquired the nual cost of any plans for transforming the (b) REPORT.—If as of the date that is 180 Rocky Flats site in 1951 and began oper- financial management operations of the De- days after the date of the enactment of this ations there in 1952. The site remains a De- partment and for implementing a financial Act, the Federal Acquisition Regulatory partment of Energy facility. Since 1992, the management architecture for the Depart- Council has not modified the Federal Acqui- mission of the Rocky Flats site has changed ment. sition Regulation to provide that a contract from the production of nuclear weapons com- (4) A discussion of the following: described in subsection (a) may include ponents to cleanup and closure in a manner (A) The roles and responsibilities of appro- terms and conditions described in that sub- that is safe, environmentally and socially re- priate Department officials to ensure the su- section, or otherwise taken action to provide sponsible, physically secure, and cost-effec- pervision and monitoring of the compliance that a contract referred to in that subsection tive. of each accounting, finance, and feeder sys- may include terms and conditions described (2) The site has generally remained undis- tem of the Department with the business in that subsection, the Secretary shall sub- turbed since its acquisition by the Federal practice transformation strategy of the De- mit to Congress on that date a report setting Government. partment, the financial management archi- forth a justification for the failure to take (3) The State of Colorado is experiencing tecture of the Department, and applicable such actions. increasing growth and development, espe- Federal financial management systems and cially in the metropolitan Denver Front reporting requirements. SA 1700. Mr. LEVIN (for Mrs. CARNA- Range area in the vicinity of the Rocky (B) A summary of the actions taken by the HAN) proposed an amendment to the Flats site. That growth and development re- Financial Management Modernization Exec- bill S. 1438, to authorize appropriations duces the amount of open space and thereby utive Committee to ensure that such sys- for fiscal year 2002 for military activi- diminishes for many metropolitan Denver tems comply with the business practice ties of the Department of Defense, for communities the vistas of the striking Front transformation strategy of the Department, Range mountain backdrop. the financial management architecture of military constructions, and for defense (4) Some areas of the site contain contami- the Department, and applicable Federal fi- activities of the Department of Energy, nation and will require further response ac- nancial management systems and reporting to prescribe personnel strengths for tion. The national interest requires that the requirements. such fiscal year for the Armed Forces, ongoing cleanup and closure of the entire (f) ADDITIONAL ELEMENTS FOR FINANCIAL and for other purposes; as follows: site be completed safely, effectively, and MANAGEMENT IMPROVEMENT PLAN AFTER At the end of subtitle E of title X, add the without unnecessary delay and that the site 2002.—In each annual financial management following: thereafter be retained by the United States improvement plan submitted under section SEC. 1066. CHEMICAL AND BIOLOGICAL PROTEC- and managed so as to preserve the value of 2222 of title 10, United States Code (as TIVE EQUIPMENT FOR MILITARY the site for open space and wildlife habitat. amended by subsection (d)), after 2002, the AND CIVILIAN PERSONNEL OF THE (5) The Rocky Flats site provides habitat Secretary shall include the following: DEPARTMENT OF DEFENSE. for many wildlife species, including a num- (1) A description of the actions to be taken (a) REPORT REQUIRED.—(1) Not later than ber of threatened and endangered species, in the fiscal year beginning in the year in 120 days after the date of the enactment of and is marked by the presence of rare xeric which the plan is submitted to implement this Act, the Secretary of Defense shall sub- tallgrass prairie plant communities. Estab- the goals and milestones included in the fi- mit to Congress a report on the requirements lishing the site as a unit of the National nancial management improvement plan in of the Department of Defense, including the Wildlife Refuge System will promote the 2002 under paragraphs (1) and (2) of sub- reserve components, for chemical and bio- preservation and enhancement of those re- section (e). logical protective equipment. sources for present and future generations. (2) An estimate of the amount expended in (2) The report shall set forth the following: (b) PURPOSES.—The purposes of this sub- the fiscal year ending in the year in which (A) A description of any current shortfalls title are— the plan is submitted to implement the fi- in requirements for chemical and biological (1) to provide for the establishment of the nancial management improvement plan in protective equipment, whether for individ- Rocky Flats site as a national wildlife refuge such preceding calendar year, set forth by uals or units, for military personnel. following cleanup and closure of the site; system. (B) A plan for providing appropriate chem- (2) to create a process for public input on (3) If an element of the financial manage- ical and biological protective equipment for refuge management before transfer of admin- ment improvement plan submitted in the fis- all military personnel and for all civilian istrative jurisdiction to the Secretary of the cal year ending in the year in which the plan personnel of the Department of Defense. Interior; and

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(3) to ensure that the Rocky Flats site is (10) SECRETARY.—The term ‘‘Secretary’’ (I) provide for the division of responsibil- thoroughly and completely cleaned up. means the Secretary of Energy. ities between the Secretary and the Sec- SEC. 3173. DEFINITIONS. SEC. 3174. FUTURE OWNERSHIP AND MANAGE- retary of the Interior necessary to carry out In this subtitle: MENT. the proposed transfer of land; (1) CLEANUP AND CLOSURE.—The term (a) FEDERAL OWNERSHIP.—Except as ex- (II) for the period ending on the date of the ‘‘cleanup and closure’’ means the response pressly provided in this subtitle or any Act transfer— actions and decommissioning activities enacted after the date of enactment of this (aa) provide for the division of responsibil- being carried out at Rocky Flats by the De- Act, all right, title, and interest of the ities between the Secretary and the Sec- partment of Energy under the 1996 Rocky United States, held on or acquired after the retary of the Interior; and Flats Cleanup Agreement, the closure plans date of enactment of this Act, to land or in- (bb) provide for the management of the and baselines, and any other relevant docu- terest therein, including minerals, within land proposed to be transferred by the Sec- ments or requirements. the boundaries of Rocky Flats shall be re- retary of the Interior as a national wildlife (2) COALITION.—The term ‘‘Coalition’’ tained by the United States. refuge, for the purposes provided under sec- means the Rocky Flats Coalition of Local (b) LINDSAY RANCH.—The structures that tion 3177(d)(2); Governments established by the Intergovern- comprise the former Lindsay Ranch home- (III) provide for the annual transfer of mental Agreement, dated February 16, 1999, stead site in the Rock Creek Reserve area of funds from the Secretary to the Secretary of among— the buffer zone, as depicted on the map re- the Interior for the management of the land (A) the city of Arvada, Colorado; ferred to in section 3173(8), shall be perma- proposed to be transferred; and (B) the city of Boulder, Colorado; nently preserved and maintained in accord- (IV) subject to subsection (b)(1), identify (C) the city of Broomfield, Colorado; ance with the National Historic Preservation the land proposed to be transferred to the (D) the city of Westminster, Colorado; Act (16 U.S.C. 470 et seq.). Secretary of the Interior. (c) PROHIBITION ON ANNEXATION.—Neither (E) the town of Superior, Colorado; (ii) NO REDUCTION IN FUNDS.—The memo- the Secretary nor the Secretary of the Inte- (F) Boulder County, Colorado; and randum of understanding and the subsequent rior shall allow the annexation of land with- (G) Jefferson County, Colorado. transfer shall not result in any reduction in in the refuge by any unit of local govern- (3) HAZARDOUS SUBSTANCE.—The term ‘‘haz- funds available to the Secretary for cleanup ment. and closure of Rocky Flats. ardous substance’’ means— (d) PROHIBITION ON THROUGH ROADS.—Ex- (A) any hazardous substance, pollutant, or cept as provided in subsection (e), no public (C) DEADLINE.—Not later than 18 months contaminant regulated under the Com- road shall be constructed through Rocky after the date of enactment of this Act, the prehensive Environmental Response, Com- Flats. Secretary and Secretary of the Interior shall pensation, and Liability Act of 1980 (42 (e) TRANSPORTATION RIGHT-OF-WAY.— finalize and implement the memorandum of U.S.C. 9601 et seq.); and (1) IN GENERAL.— understanding. (B) any— (A) AVAILABILITY OF LAND.—On submission (2) EXCLUSIONS.—The transfer under para- (i) petroleum (including any petroleum of an application meeting each of the condi- graph (1) shall not include the transfer of product or derivative); tions specified in paragraph (2), the Sec- any property or facility over which the Sec- (ii) unexploded ordnance; retary, in consultation with the Secretary of retary retains jurisdiction, authority, and (iii) military munition or weapon; or the Interior, shall make available land along control under subsection (b)(1). (iv) nuclear or radioactive material; the eastern boundary of Rocky Flats for the (3) CONDITION.—The transfer under para- not otherwise regulated as a hazardous sub- sole purpose of transportation improvements graph (1) shall occur— stance under any law in effect on the date of along Indiana Street. (A) not earlier than the date on which the enactment of this Act. (B) BOUNDARIES.—Land made available Administrator of the Environmental Protec- (4) POLLUTANT OR CONTAMINANT.—The term under this paragraph may not extend more tion Agency certifies to the Secretary and to ‘‘pollutant or contaminant’’ has the meaning than 300 feet from the west edge of the Indi- the Secretary of the Interior that the clean- given the term in section 101 of the Com- ana Street right-of-way, as that right-of-way up and closure and all response actions at prehensive Environmental Response, Com- exists as of the date of enactment of this Rocky Flats have been completed, except for pensation, and Liability Act of 1980 (42 Act. the operation and maintenance associated U.S.C. 9601). (C) EASEMENT OR SALE.—Land may be made with those actions; but (5) REFUGE.—The term ‘‘refuge’’ means the available under this paragraph by easement (B) not later than 30 business days after Rocky Flats National Wildlife Refuge estab- or sale to 1 or more appropriate entities. that date. lished under section 3177. (D) COMPLIANCE WITH APPLICABLE LAW.— (4) COST; IMPROVEMENTS.—The transfer— (6) RESPONSE ACTION.—The term ‘‘response Any action under this paragraph shall be (A) shall be completed without cost to the action’’ has the meaning given the term ‘‘re- taken in compliance with applicable law. Secretary of the Interior; and sponse’’ in section 101 of the Comprehensive (2) CONDITIONS.—An application for land (B) may include such buildings or other Environmental Response, Compensation, and under this subsection may be submitted by improvements as the Secretary of the Inte- Liability Act of 1980 (42 U.S.C. 9601) or any any county, city, or other political subdivi- rior has requested in writing for refuge man- similar requirement under State law. sion of the State of Colorado and shall in- agement purposes. (7) RFCA.—The term ‘‘RFCA’’ means the clude documentation demonstrating that— (b) PROPERTY AND FACILITIES EXCLUDED Rocky Flats Cleanup Agreement, an inter- (A) the transportation project is con- FROM TRANSFERS.— governmental agreement, dated July 19, 1996, structed so as to minimize adverse effects on (1) IN GENERAL.—The Secretary shall retain among— the management of Rocky Flats as a wildlife jurisdiction, authority, and control over all (A) the Department of Energy; refuge; and real property and facilities at Rocky Flats (B) the Environmental Protection Agency; (B) the transportation project is included that are to be used for— and in the regional transportation plan of the (A) any necessary and appropriate long- (C) the Department of Public Health and metropolitan planning organization des- term operation and maintenance facility to Environment of the State of Colorado. ignated for the Denver metropolitan area intercept, treat, or control a radionuclide or (8) ROCKY FLATS.— under section 5303 of title 49, United States any other hazardous substance, pollutant, or (A) IN GENERAL.—The term ‘‘Rocky Flats’’ Code. contaminant; and means the Rocky Flats Environmental Tech- SEC. 3175. TRANSFER OF MANAGEMENT RESPON- (B) any other purpose relating to a re- nology Site, Colorado, a defense nuclear fa- SIBILITIES AND JURISDICTION OVER sponse action or any other action that is re- cility, as depicted on the map entitled ROCKY FLATS. quired to be carried out at Rocky Flats. ‘‘Rocky Flats Environmental Technology (a) IN GENERAL.— (2) CONSULTATION.— Site’’, dated July 15, 1998, and available for (1) MEMORANDUM OF UNDERSTANDING.— (A) IDENTIFICATION OF PROPERTY.— inspection in the appropriate offices of the (A) IN GENERAL.—Not later than 1 year (i) IN GENERAL.—The Secretary shall con- United States Fish and Wildlife Service. after the date of enactment of this Act, the sult with the Secretary of the Interior, the (B) EXCLUSIONS.—The term ‘‘Rocky Flats’’ Secretary and the Secretary of the Interior Administrator of the Environmental Protec- does not include— shall publish in the Federal Register a draft tion Agency, and the State of Colorado on (i) land and facilities of the Department of memorandum of understanding under the identification of all property to be re- Energy’s National Wind Technology Center; which— tained under this subsection to ensure the or (i) the Secretary shall provide for the sub- continuing effectiveness of response actions. (ii) any land and facilities not within the sequent transfer of administrative jurisdic- (ii) AMENDMENT TO MEMORANDUM OF UNDER- boundaries depicted on the map identified in tion over Rocky Flats to the Secretary of STANDING.— subparagraph (A). the Interior; and (I) IN GENERAL.—After the consultation, (9) ROCKY FLATS TRUSTEES.—The term (ii) the Secretary of the Interior shall man- the Secretary and the Secretary of the Inte- ‘‘Rocky Flats Trustees’’ means the Federal age natural resources at Rocky Flats until rior shall by mutual consent amend the and State of Colorado entities that have the date on which the transfer becomes effec- memorandum of understanding required been identified as trustees for Rocky Flats tive. under subsection (a) to specifically identify under section 107(f)(2) of the Comprehensive (B) REQUIRED ELEMENTS.— the land for transfer and provide for deter- Environmental Response, Compensation, and (i) IN GENERAL.—Subject to clause (ii), the mination of the exact acreage and legal de- Liability Act of 1980 (42 U.S.C. 9607(f)(2)). memorandum of understanding shall— scription of the property to be transferred by

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CONTINUATION OF ENVIRONMENTAL Secretary of the Interior may refer the issue CLEANUP AND CLOSURE. wildlife refuge to be known as the ‘‘Rocky Flats National Wildlife Refuge’’. to the Council on Environmental Quality, (a) ONGOING CLEANUP AND CLOSURE.— (b) COMPOSITION.—The refuge shall consist which shall decide the issue within 45 days of (1) IN GENERAL.—The Secretary shall— of the real property subject to the transfer of such referral, and the Secretary and the Sec- (A) carry out to completion cleanup and administrative jurisdiction under section retary of the Interior shall then amend the closure at Rocky Flats; and 3175(a)(1). memorandum of understanding required (B) conduct any necessary operation and under subsection (a) in conformity with the (c) NOTICE.—The Secretary of the Interior maintenance of response actions. shall publish in the Federal Register a notice decision of the Council on Environmental O RESTRICTION ON USE OF NEW TECH- (2) N of the establishment of the refuge. Quality. NOLOGIES.—Nothing in this subtitle, and no (B) MANAGEMENT OF PROPERTY.— (d) ADMINISTRATION AND PURPOSES.— action taken under this subtitle, restricts (1) IN GENERAL.—The Secretary of the Inte- (i) IN GENERAL.—The Secretary shall con- the Secretary from using at Rocky Flats any sult with the Secretary of the Interior on the rior shall manage the refuge in accordance new technology that may become available with applicable law, including this subtitle, management of the retained property to for remediation of contamination. minimize any conflict between the manage- the National Wildlife Refuge System Admin- (b) RULES OF CONSTRUCTION.— ment of property transferred to the Sec- istration Act of 1966 (16 U.S.C. 668dd et seq.), (1) NO RELIEF FROM OBLIGATIONS UNDER retary of the Interior and property retained and the purposes specified in that Act. OTHER LAW.— by the Secretary for response actions. (2) REFUGE PURPOSES.—At the conclusion (A) IN GENERAL.—Nothing in this subtitle, (ii) CONFLICT.—In the case of any such con- of the transfer under section 3175(a)(3), the and no action taken under this subtitle, re- flict, implementation and maintenance of refuge shall be managed for the purposes of— lieves the Secretary, the Administrator of the response action shall take priority. (A) restoring and preserving native eco- the Environmental Protection Agency, or (3) ACCESS.—As a condition of the transfer systems; any other person from any obligation or under subsection (a), the Secretary shall be (B) providing habitat for, and population other liability with respect to Rocky Flats provided such easements and access as are management of, native plants and migratory reasonably required to carry out any obliga- under the RFCA or any applicable Federal or and resident wildlife; tion or address any liability. State law. (C) conserving threatened and endangered (c) ADMINISTRATION.— (B) NO EFFECT ON RFCA.—Nothing in this species (including species that are can- (1) IN GENERAL.—On completion of the subtitle impairs or alters any provision of didates for listing under the Endangered Spe- transfer under subsection (a), the Secretary the RFCA. cies Act of 1973 (16 U.S.C. 1531 et seq.)); and of the Interior shall administer Rocky Flats (2) REQUIRED CLEANUP LEVELS.— (D) providing opportunities for compatible, in accordance with this subtitle subject to— (A) IN GENERAL.—Except as provided in wildlife-dependent environmental scientific (A) any response action or institutional subparagraph (B), nothing in this subtitle af- research. control at Rocky Flats carried out by or fects the level of cleanup and closure at (3) MANAGEMENT.—In managing the refuge, under the authority of the Secretary under Rocky Flats required under the RFCA or any the Secretary shall ensure that wildlife-de- the Comprehensive Environmental Response, Federal or State law. pendent recreation and environmental edu- Compensation, and Liability Act of 1980 (42 (B) NO EFFECT FROM ESTABLISHMENT AS NA- cation and interpretation are the priority U.S.C. 9601 et seq.); and TIONAL WILDLIFE REFUGE.— public uses of the refuge. (i) IN GENERAL.—The requirements of this (B) any other action required under any SEC. 3178. COMPREHENSIVE CONSERVATION other Federal or State law to be carried out subtitle for establishment and management PLAN. by or under the authority of the Secretary. of Rocky Flats as a national wildlife refuge (a) IN GENERAL.—Not later than 180 days (2) CONFLICT.—In the case of any conflict shall not reduce the level of cleanup and clo- after the date of enactment of this Act, in between the management of Rocky Flats by sure. developing a comprehensive conservation the Secretary of the Interior and the conduct (ii) CLEANUP LEVELS.—The Secretary shall plan in accordance with section 4(e) of the of any response action or other action de- conduct cleanup and closure of Rocky Flats National Wildlife Refuge System Adminis- scribed in subparagraph (A) or (B) of para- to the levels established for soil, water, and tration Act of 1966 (16 U.S.C. 668dd(e)), the graph (1), the response action or other action other media, following a thorough review, by Secretary of the Interior, in consultation shall take priority. the parties to the RFCA and the public (in- with the Secretary, the members of the Coa- (3) CONTINUING ACTIONS.—Except as pro- cluding the United States Fish and Wildlife lition, the Governor of the State of Colorado, vided in paragraph (1), nothing in this sub- Service and other interested government and the Rocky Flats Trustees, shall estab- section affects any response action or other agencies), of the appropriateness of the in- lish a comprehensive planning process that action initiated at Rocky Flats on or before terim levels in the RFCA. involves the public and local communities. the date of the transfer under subsection (a). (3) NO EFFECT ON OBLIGATIONS FOR MEAS- (b) OTHER PARTICIPANTS.—In addition to (d) LIABILITY.— URES TO CONTROL CONTAMINATION.—Nothing the entities specified in subsection (a), the (1) IN GENERAL.—The Secretary shall retain in this subtitle, and no action taken under comprehensive planning process shall in- any obligation or other liability for land this subtitle, affects any long-term obliga- clude the opportunity for direct involvement transferred under subsection (a) under— tion of the United States, acting through the of entities not members of the Coalition as (A) the Comprehensive Environmental Re- Secretary, relating to funding, construction, of the date of enactment of this Act, includ- sponse, Compensation, and Liability Act of monitoring, or operation and maintenance ing the Rocky Flats Citizens’ Advisory 1980 (42 U.S.C. 9601 et seq.); or of— Board and the cities of Thornton, (B) any other applicable law. (A) any necessary intercept or treatment Northglenn, Golden, Louisville, and Lafay- (2) RESPONSE ACTIONS.— facility; or ette, Colorado. (A) IN GENERAL.—The Secretary shall be (B) any other measure to control contami- (c) DISSOLUTION OF COALITION.—If the Coa- liable for the cost of any necessary response nation. lition dissolves, or if any Coalition member actions, including any costs or claims as- (c) PAYMENT OF RESPONSE ACTION COSTS.— elects to leave the Coalition during the com- serted against the Secretary, for any release, Nothing in this subtitle affects the obliga- prehensive planning process under this sec- or substantial threat of release, of a haz- tion of a Federal department or agency that tion— ardous substance, if the release, or substan- had or has operations at Rocky Flats result- (1) the comprehensive planning process tial threat of release, is— ing in the release or threatened release of a under this section shall continue; and (i) located on or emanating from land— hazardous substance or pollutant or con- (2) an opportunity shall be provided to (I) identified for transfer by this section; or taminant to pay the costs of response ac- each entity that is a member of the Coali- (II) subsequently transferred under this tions carried out to abate the release of, or tion as of September 1, 2000, for direct in- section; clean up, the hazardous substance or pollut- volvement in the comprehensive planning (ii)(I) known at the time of transfer; or ant or contaminant. process. (II) subsequently discovered; and (d) CONSULTATION.—In carrying out a re- (d) CONTENTS.—In addition to the require- (iii) attributable to— sponse action at Rocky Flats, the Secretary ments under section 4(e) of the National (I) management of the land by the Sec- shall consult with the Secretary of the Inte- Wildlife Refuge System Administration Act retary; or rior to ensure that the response action is of 1966 (16 U.S.C. 668dd(e)), the comprehen- (II) the use, management, storage, release, carried out in a manner that— sive conservation plan required by this sec- treatment, or disposal of a hazardous sub- (1) does not impair the attainment of the tion shall address and make recommenda- stance on the land by the Secretary. goals of the response action; but tions on the following: (B) RECOVERY FROM THIRD PARTY.—Nothing (2) minimizes, to the maximum extent (1) The identification of any land described in this paragraph precludes the Secretary, on practicable, adverse effects of the response in section 3174(e) that could be made avail- behalf of the United States, from bringing a action on the refuge. able for transportation purposes.

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(2) The potential for leasing any land in thority in subsection (a) after December 31, (4) CONFORMING AMENDMENTS.—Section Rocky Flats for the National Renewable En- 2003. 131(b) of that title is amended— ergy Laboratory to carry out projects relat- (c) NOTICE OF EXERCISE OF AUTHORITY.—If (A) by redesignating paragraphs (6) ing to the National Wind Technology Center. the authority in subsection (a) is exercised, through (11) as paragraphs (7) through (12), (3) The characteristics and configuration of the Secretary shall immediately notify Con- respectively; and any perimeter fencing that may be appro- gress of the establishment of the position of (B) by inserting after paragraph (5) the fol- priate or compatible for cleanup and closure, Under Secretary of Defense for Space, Intel- lowing new paragraph (6): refuge, or other purposes. ligence, and Information, together with the ‘‘(6) The Under Secretary of Defense for (4) The feasibility of locating, and the po- date on which the position is established. Space, Intelligence, and Information.’’. tential location for, a visitor and education (d) NATURE OF POSITION.— (5) PAY LEVELS.—(A) Section 5314 of title 5, center at the refuge. (1) IN GENERAL.—Effective as of the date United States Code, is amended by inserting (5) Any other issues relating to Rocky provided for in paragraph (7), chapter 4 of after ‘‘Under Secretary of Defense for Per- Flats. title 10, United States Code, is amended— sonnel and Readiness’’ the following: (e) REPORT.—Not later than 3 years after (A) by redesignating section 137 as section ‘‘Under Secretary of Defense for Space, In- the date of enactment of this Act, the Sec- 139a and by transferring such section (as so telligence, and Information.’’. retary of the Interior shall submit to the redesignated) within such chapter so as to (B) Section 5315 of title 5, United States Committee on Armed Services of the Senate appear after section 139; and Code, is amended in the item relating to As- and the Committee on Resources of the (B) by inserting after section 136 the fol- sistant Secretaries of Defense by striking House of Representatives— lowing new section 137: ‘‘(9)’’ and inserting ‘‘(10)’’. (1) the comprehensive conservation plan ‘‘§ 137. Under Secretary of Defense for Space, (6) CLERICAL AMENDMENTS.—The table of prepared under this section; and Intelligence, and Information sections at the beginning of chapter 4 of title (2) a report that— ‘‘(a) There is an Under Secretary of De- 10, United States Code, is amended— (A) outlines the public involvement in the fense for Space, Intelligence, and Informa- (A) by striking the item relating to section comprehensive planning process; and tion, appointed from civilian life by the 137 and inserting the following new item: (B) to the extent that any input or rec- President, by and with the advice and con- ‘‘137. Under Secretary of Defense for Space, ommendation from the comprehensive plan- sent of the Senate. Intelligence, and Information.’’; ning process is not accepted, clearly states ‘‘(b) Subject to the authority, direction, and the reasons why the input or recommenda- and control of the Secretary of Defense, the (B) by inserting after the item relating to tion is not accepted. Under Secretary of Defense for Space, Intel- section 139 the following new item: ligence, and Information shall perform such ‘‘139a. Director of Defense Research and En- SA 1702. Mr. LEVIN (for Mr. duties and exercise such powers relating to gineering.’’. CLELAND) proposed an amendment to the space, intelligence, and information pro- (7) EFFECTIVE DATE.—The amendments the bill S. 1438, to authorize appropria- grams and activities of the Department of made by this subsection shall take effect as tions for fiscal year 2002 for military Defense as the Secretary of Defense may pre- of the date specified in the notification pro- activities of the Department of De- scribe. The duties and powers prescribed for vided by the Secretary of Defense to Con- fense, for military constructions, and the Under Secretary shall include the fol- gress under subsection (c) of the exercise of for defense activities of the Depart- lowing: the authority in subsection (a). (e) REPORT.—(1) Not later than 30 days be- ment of Energy, to prescribe personnel ‘‘(1) In coordination with the Under Sec- retary of Defense for Policy, the establish- fore an exercise of the authority provided in strengths for such fiscal year for the ment of policy on space. subsection (a), the President shall submit to Armed Forces, and for other purposes; ‘‘(2) In coordination with the Under Sec- Congress a report on the proposed organiza- as follows: retary of Defense for Acquisition, Tech- tion of the office of the Under Secretary of At the end of section 501 add the following: nology, and Logistics, the acquisition of Defense for Space, Intelligence, and Informa- (e) REPEAL OF LIMITATION ON NUMBER OF space systems. tion. (2) If the Secretary of Defense has not exer- OFFICERS ON ACTIVE DUTY IN THE GRADES OF ‘‘(3) The deployment and use of space as- cised the authority granted in subsection (a) GENERAL OR ADMIRAL.—(1) Section 528 of sets. title 10. United States Code, is repealed. ‘‘(4) The oversight of research, develop- on the date that is one year after the date of (2) The table of sections at the beginning of ment, acquisition, launch, and operation of the enactment of this Act, the Secretary chapter 32 of such title is amended by strik- space, intelligence, and information assets. shall submit to the Committees on Armed Services of the Senate and the House of Rep- ing the item relating to section 528. ‘‘(5) The coordination of military intel- ligence activities within the Department. resentatives on that date a report describing the actions taken by the Secretary to ad- SA 1703. Mr. WARNER (for Mr. ‘‘(6) The coordination of intelligence ac- tivities of the Department and the intel- dress the problems in the management and ALLARD (for himself and Mr. SMITH of organization of the Department of Defense New Hampshire)) proposed an amend- ligence community in order to meet the long-term intelligence requirements of the for space activities that are identified by the ment to the bill S. 1438, to authorize Commission To Assess United States Na- United States. tional Security Space Management and Or- appropriations for fiscal year 2002 for ‘‘(7) The coordination of space activities of ganization in the report of the Commission military activities of the Department the Department with commercial and civil- submitted under section 1623 of the National of Defense, for military constructions, ian space activities. Defense Authorization Act for Fiscal Year and for defense activities of the De- ‘‘(c) The Secretary of Defense shall des- 2000 (Public Law 106–65; 113 Stat. 815). partment of Energy, to prescribe per- ignate the Under Secretary of Defense for Space, Intelligence, and Information as the SEC. 912. RESPONSIBILITY FOR SPACE PRO- sonnel strengths for such fiscal year GRAMS. Chief Information Officer of the Department for the Armed Forces, and for other (a) IN GENERAL.—Part IV of subtitle A of purposes; as follows: of Defense under section 3506(a)(2)(B) of title title 10, United States Code, is amended by 44. At the end of title IX, add the following: inserting after chapter 134 the following new ‘‘(d) The Under Secretary of Defense for chapter: Subtitle B—Organization and Management of Space, Intelligence, and Information takes Space Activities precedence in the Department of Defense ‘‘CHAPTER 135—SPACE PROGRAMS SEC 911. ESTABLISHMENT OF POSITION OF after the Under Secretary of Defense for Per- ‘‘Sec. UNDER SECRETARY OF DEFENSE sonnel and Readiness.’’. ‘‘2271. Responsibility for space programs. FOR SPACE, INTELLIGENCE, AND IN- (2) ADDITIONAL ASSISTANT SECRETARY OF ‘‘§ 2271. Responsibility for space programs FORMATION. DEFENSE.—Section 138(a) of that title is ‘‘(a) RESPONSIBILITY OF SECRETARY OF AIR (a) AUTHORITY OF SECRETARY OF DEFENSE amended by striking ‘‘nine Assistant Secre- FORCE AS EXECUTIVE AGENT.—The Secretary TO ESTABLISH POSITION.—Upon the direction taries of Defense’’ and inserting ‘‘ten Assist- of the Air Force shall be the executive agent of the President, the Secretary of Defense ant Secretaries of Defense’’. of the Department of Defense for functions of may, subject to subsection (b), establish in (3) DUTIES OF ASSISTANT SECRETARIES OF the Department designated by the Secretary the Office of the Secretary of Defense the po- DEFENSE FOR SPACE, INTELLIGENCE, AND IN- of Defense with respect to the following: sition of Under Secretary of Defense for FORMATION.—Section 138(b) of that title is ‘‘(1) Planning for the acquisition programs, Space, Intelligence, and Information. If the amended by adding at the end the following projects, and activities of the Department position is so established, the Under Sec- new paragraph: that relate to space. retary of Defense for Space, Intelligence, and ‘‘(7) Two of the Assistant Secretaries shall ‘‘(2) Efficient execution of the programs, Information shall perform duties and exer- have as their principal duties supervision of projects, and activities. cise powers as set forth under section 137 of activities relating to space, intelligence, and ‘‘(b) RESPONSIBILITY OF UNDER SECRETARY title 10, United States Code, as amended by information. The Assistant Secretaries shall OF AIR FORCE AS ACQUISITION EXECUTIVE.— subsection (d). each report to the Under Secretary of De- The Under Secretary of the Air Force shall (b) DEADLINE FOR EXERCISE OF AUTHOR- fense for Space, Intelligence, and Informa- be the acquisition executive of the Depart- ITY.—The Secretary may not exercise the au- tion in the performance of such duties.’’. ment of the Air Force for the programs,

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9929 projects, and activities referred to in sub- SEC. 915. GRADE OF COMMANDER OF AIR FORCE cilities at Volgograd and Novocheboksark; section (a). SPACE COMMAND. and ‘‘(c) RESPONSIBILITY OF UNDER SECRETARY (a) IN GENERAL.—Chapter 845 of title 10, ‘‘(6) a demonstrated commitment from the OF AIR FORCE AS DIRECTOR OF NRO.—The United States Code, is amended by adding at international community to fund and build Under Secretary of the Air Force shall act as the end the following new section: infrastructure needed to support and operate the Director of the National Reconnaissance ‘‘§ 8584. Commander of Air Force Space Com- the facility.’’; and Office. mand (3) by adding at the end the following new ‘‘(d) COORDINATION OF DUTIES OF UNDER ‘‘(a) GRADE.—The officer serving as com- subsection: SECRETARY OF AIR FORCE.—In carrying out mander of the Air Force Space Command ‘‘(b) OMISSION OF CERTAIN INFORMATION.— duties under subsections (b) and (c), the shall, while so serving, have the grade of The Secretary may omit from the certifi- Under Secretary of the Air Force shall co- general. cation under subsection (a) the matter speci- ordinate the space programs, projects, and ‘‘(b) LIMITATION ON CONCURRENT COMMAND fied in paragraph (1) of that subsection, and activities of the Department of Defense and ASSIGNMENTS.—The officer serving as com- the certification with the matter so omitted the programs, projects, and activities of the mander of the Air Force Space Command shall be effective for purposes of that sub- National Reconnaissance Office. may not, while so serving, serve as com- section, if the Secretary includes with the ‘‘(e) SPACE CAREER FIELD.—(1) The Under mander-in-chief of the United States Space certification notice to Congress of a deter- Secretary of the Air Force shall establish Command (or any successor combatant com- mination by the Secretary that it is not in and implement policies and procedures to de- mand with responsibility for space) or as the national security interests of the United velop a cadre of technically competent offi- commander of the United States element of States for the matter specified in that para- cers with the capability to develop space the North American Air Defense Com- graph to be included in the certification, to- doctrine, concepts of space operations, and mand.’’. gether with a justification of the determina- space systems for the Department of the Air (b) CLERICAL AMENDMENT.—The table of tion.’’. Force. sections at the beginning of such chapter is In section 1204(b), strike ‘‘EXECUTIVE’’ in ‘‘(2) The Secretary of the Air Force shall amended by adding at the end the following the subsection caption and insert ‘‘IMPLE- assign to the commander of Air Force Space new item: MENTING’’. Command primary responsibility for— ‘‘8584. Commander of Air Force Space Com- In section 1204(b), strike ‘‘executive’’ and ‘‘(A) establishing and implementing edu- mand.’’. insert ‘‘implementing’’. cation and training programs for space pro- SEC. 916. SENSE OF CONGRESS REGARDING grams, projects, and activities of the Depart- GRADE OF OFFICER ASSIGNED AS SA 1705. Mr. LEVIN (for Mr. FEIN- ment of the Air Force; and COMMANDER OF UNITED STATES GOLD) proposed an amendment to the ‘‘(B) management of the space career field SPACE COMMAND. bill S. 1438, to authorize appropriations under paragraph (1). It is the sense of Congress that the Sec- for fiscal year 2002 for military activi- ‘‘(f) JOINT PROGRAM MANAGEMENT.—The retary of Defense should assign the best Under Secretary of the Air Force shall take qualified officer of the Army, Marine Corps, ties of the Department of Defense, for appropriate actions to ensure that, to max- or Air Force with the grade of general, or of military constructions, and for defense imum extent practicable, Army, Navy, Ma- the Navy with the grade of admiral, to the activities of the Department of Energy, rine Corps, and Air Force personnel are as- position of Commander of the United States to prescribe personnel strengths for signed, on a joint duty assignment basis, as Space Command. such fiscal year for the Armed Forces, follows: and for other purposes; as follows: ‘‘(1) To carry out the space development SA 1704. Mr. WARNER (for Mr. and acquisition programs of the Department At the end of subtitle C of title I, add the LUGAR (for himself, Mr. LEVIN, Ms. following: of Defense; and LANDRIEU, Mr. BINGAMAN, Mr. DOMEN- ‘‘(2) To the Office of the National Security SEC. 124. ADDITIONAL MATTER RELATING TO V– ICI, and Mr. HAGEL)) proposed an Space Architect.’’. 22 OSPREY AIRCRAFT. (b) CLERICAL AMENDMENT.—The tables of amendment to the bill S. 1438, to au- Not later than 30 days before the re- chapters at the beginning of such subtitle thorize appropriations for fiscal year commencement of flights of the V–22 Osprey and at the beginning of part IV of such sub- 2002 for military activities of the De- aircraft, the Secretary of Defense shall sub- title are amended by inserting after the item partment of Defense, for military con- mit to Congress notice of the waiver, if any, relating to chapter 134 the following new structions, and for defense activities of of any item capability or any other require- item: the Department of Energy, to prescribe ment specified in the Joint Operational Re- quirements Document for the V–22 Osprey ‘‘135. Space Programs ...... 2271’’. personnel strengths for such fiscal year aircraft, including a justification of each SEC. 913. MAJOR FORCE PROGRAM CATEGORY for the Armed Forces, and for other such waiver. FOR SPACE PROGRAMS. purposes; as follows: (a) REQUIREMENT.—The Secretary of De- fense shall create a major force program cat- In section 1202(c)(1), strike ‘‘Subject to SA 1706. Mr. WARNER (for Ms. COL- egory for space programs for purposes of the paragraphs (2) and (3),’’ and insert ‘‘Subject LINS) proposed an amendment to the future-years defense program under section to paragraph (2),’’. bill S. 1438, to authorize appropriations In section 1202(c)(3), strike ‘‘in any of the 221 of title 10, United States Code. for fiscal year 2002 for military activi- paragraphs’’ and insert ‘‘in paragraph (7), (b) COMMENCEMENT.—The category created ties of the Department of Defense for under subsection (a) shall be included in each (10) or (11)’’. Strike section 1203 and insert the fol- military constructions, and for defense future-years defense program submitted to lowing: activities of the Department of Energy, Congress under section 221 of title 10, United to prescribe personnel strengths for States Code, in fiscal years after fiscal year SEC. 1203. CHEMICAL WEAPONS DESTRUCTION. Section 1305 of the National Defense Au- 2002. such fiscal year for the Armed Forces, thorization Act for Fiscal Year 2000 (Public and for other purposes; as follows: SEC. 914. ASSESSMENT OF IMPLEMENTATION OF Law 106–65; 113 Stat. 794; 22 U.S.C. 5952 note) RECOMMENDATIONS OF COMMIS- On page 31, between lines 15 and 16, insert SION TO ASSESS UNITED STATES NA- is amended— the following: TIONAL SECURITY SPACE MANAGE- (1) by inserting ‘‘(a) LIMITATION.—’’ before SEC. 233. SUPPLEMENTAL AUTHORIZATION OF MENT AND ORGANIZATION. ‘‘No fiscal year’’; APPROPRIATIONS FOR FISCAL YEAR (a) COMPTROLLER GENERAL ASSESSMENT.— (2) in subsection (a), as so designated, by 2001 FOR RESEARCH, DEVELOP- The Comptroller General shall carry out an inserting before the period at the end the fol- MENT, TEST, AND EVALUATION DE- assessment of the progress made by the De- lowing: ‘‘until the Secretary of Defense sub- FENSE-WIDE. partment of Defense in implementing the mits to Congress a certification that there Section 201(4) of Floyd D. Spence National recommendations of the Commission To As- has been— Defense Authorization Act for Fiscal Year sess United States National Security Space ‘‘(1) full and accurate disclosure by Russia 2001 (as enacted into law by Public Law 106– Management and Organization as contained of the size of its existing chemical weapons 398; 114 Stat. 1654A–32) is amended by strik- in the report of the Commission submitted stockpile; ing ‘‘$10,873,712,000’’ and inserting under section 1623 of the National Defense ‘‘(2) a demonstrated annual commitment ‘‘$10,874,712,000’’. Authorization Act for Fiscal Year 2000 (Pub- by Russia to allocate at least $25,000,000 to lic Law 106–65; 113 Stat. 815). chemical weapons elimination; SA 1707. Mr. LEVIN (for Mrs. MUR- (b) REPORTS.—Not later than February 15 ‘‘(3) development by Russia of a practical RAY) proposed an amendment to the of each of 2002 and 2003, the Comptroller Gen- plan for destroying its stockpile of nerve bill S. 1438, to authorize appropriations eral shall submit to the Committees on agents; for fiscal year 2002 for military activi- Armed Services of the Senate and House of ‘‘(4) enactment of a law by Russia that pro- Representatives a report on the assessment vides for the elimination of all nerve agents ties of the Department of Defense for carried out under subsection (a). Each report at a single site; military constructions, and for defense shall set forth the results of the assessment ‘‘(5) an agreement by Russia to destroy or activities of the Department of Energy, as of the date of such report. convert its chemical weapons production fa- to prescribe personnel strengths for

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9930 CONGRESSIONAL RECORD — SENATE September 26, 2001 such fiscal year for the Armed Forces, in the amount column and inserting to prescribe personnel strengths for and for other purposes; as follows: ‘‘$1,279,500,000’’. such fiscal year for the Armed Forces, At the end of subtitle C of title XXVIII, Section 2104(b)(4) is amended by striking and for other purposes; as follows: add the following: ‘‘and’’ at the end. Section 2104(b)(5) is amended by striking At the end of subtitle C of title XXVIII, SEC. ll. MODIFICATION OF LAND CONVEYANCE, add the following: MUKILTEO TANK FARM, EVERETT, the period at the end and inserting ‘‘; and’’. Section 2104(b) is amended by inserting SEC. 2827. LAND CONVEYANCES, CHARLESTON WASHINGTON. AIR FORCE BASE, SOUTH CAROLINA. (a) MODIFICATION.—Section 2866 of the Mili- after paragraph (5) the following: (a) CONVEYANCE TO STATE OF SOUTH CARO- tary Construction Authorization Act for Fis- (6) $21,500,000 (the balance of the amount LINA AUTHORIZED.—The Secretary of the Air cal Year 2001 (division B of the Floyd D. authorized under section 2101(a) for Consoli- dated Logistics Complex (Phase I) at Fort Force may convey, without consideration, to Spence National Defense Authorization Act the State of South Carolina (in this section for Fiscal Year 2001 (as enacted by Public Sill, Oklahoma). referred to as the ‘‘State’’), all right, title, Law 106–398); 114 Stat. 436) is amended— and interest of the United States in and to a (1) in subsection (a), by striking ‘‘22 acres’’ SA 1709. Mr. LEVIN (for Mrs. LIN- portion (as determined under subsection (c)) and inserting ‘‘20.9 acres’’; COLN (for himself and Mr. HUTCHINSON)) of the real property, including any improve- (2) by redesignating subsections (b), (c), proposed an amendment to the bill S. ments thereon, consisting of approximately (d), and (e) as subsections (c), (d), (e), and (f), 1438, to authorize appropriations for 24 acres at Charleston Air Force Base, South respectively; and fiscal year 2002 for military activities Carolina, and comprising the Air Force Fam- (3) by inserting after subsection (a) the fol- of the Department of Defense, for mili- ily Housing Annex. The purpose of the con- lowing new subsection (b): tary constructions, and for defense ac- veyance is to facilitate the Remount Road ‘‘(b) TRANSFER OF JURISDICTION.—(1) At the same time the Secretary of the Air Force tivities of the Department of Energy, Project. (b) CONVEYANCE TO CITY OF NORTH makes the conveyance authorized by sub- to prescribe personnel strengths for CHARLESTON AUTHORIZED.—The Secretary section (a), the Secretary shall transfer to such fiscal year for the Armed Forces, may convey, without consideration, to the the Secretary of Commerce administrative and for other purposes; as follows: City of North Charleston, South Carolina (in jurisdiction over a parcel of real property, At the end of subtitle E of title I, add the this section referred to as the ‘‘City’’), all including improvements thereon, consisting following: of approximately 1.1 acres located at the right, title, and interest of the United States Mukilteo Tank Farm and including the Na- SEC. 142. PROCUREMENT OF ADDITIONAL M291 in and to a portion (as determined under sub- SKIN DECONTAMINATION KITS. tional Marine Fisheries Service Mukilteo section (c)) of the real property, including (a) INCREASE IN AUTHORIZATION OF APPRO- Research Center facility. any improvements thereon, referred to in ‘‘(2) The Secretary of Commerce may, with PRIATIONS FOR DEFENSE-WIDE PROCURE- subsection (a). The purpose of the convey- the consent of the Port, exchange with the MENT.—(1) The amount authorized to be ap- ance is to permit the use of the property by Port all or any portion of the property re- propriated by section 104 for Defense-wide the City for municipal purposes. ceived under paragraph (1) for a parcel of procurement is hereby increased by (c) DETERMINATION OF PORTIONS OF PROP- real property of equal area at the Mukilteo $2,400,000, with the amount of the increase ERTY TO BE CONVEYED.—(1) Subject to para- Tank Farm that is owned by the Port. available for the Navy for procurement of graph (2), the Secretary, the State, and the ‘‘(3) The Secretary of Commerce shall ad- M291 skin decontamination kits. City shall jointly determine the portion of minister the property under the jurisdiction (2) The amount available under paragraph the property referred to in subsection (a) of the Secretary under this subsection (1) for procurement of M291 skin decon- that is to be conveyed to the State under through the Administrator of the National tamination kits is in addition to any other subsection (a) and the portion of the prop- Oceanic and Atmospheric Administration as amounts available under this Act for pro- erty that is to be conveyed to the City under part of the Administration. curement of M291 skin decontamination kits. subsection (b). ‘‘(4) The Administrator shall use the prop- (b) OFFSET.—The amount authorized to be (2) In determining under paragraph (1) the erty under the jurisdiction of the Secretary appropriated by section 201(4) for research, portions of property to be conveyed under of Commerce under this subsection as the lo- development, test, and evaluation, Defense- this section, the portion to be conveyed to cation of a research facility, and may con- wide, is hereby decreased by $2,400,000, with the State shall be the minimum portion of struct a new facility on the property for such the amount to be derived from the amount the property required by the State for the research purposes as the Administrator con- available for the Technical Studies, Support purpose specified in subsection (a), and the siders appropriate. and Analysis program. portion to be conveyed to the City shall be ‘‘(5)(A) If after the 12-year period beginning the balance of the property. on the date of the enactment of the National SA 1710. Mr. WARNER (for Mr. (d) LIMITATION ON CONVEYANCES.—The Sec- Defense Authorization Act for Fiscal Year INHOFE) proposed an amendment to the retary may not carry out the conveyance of 2002, the Administrator is not using any por- bill S. 1438, to authorize appropriations property authorized by subsection (a) or sub- tion of the real property under the jurisdic- for fiscal year 2002 for military activi- section (b) until the completion of an assess- tion of the Secretary of Commerce under ties of the Department of Defense, for ment of environmental contamination of the this subsection, the Administrator shall con- property authorized to be conveyed by such vey, without consideration, to the Port all military constructions, and for defense subsection for purposes of determining re- right, title, and interest in and to such por- activities of the Department of Energy, sponsibility for environmental remediation tion of the real property, including improve- to prescribe personnel strengths for of such property. ments thereon. such fiscal year for the Armed Forces, (e) DESCRIPTION OF PROPERTY.—The exact ‘‘(B) The Port shall use any real property and for other purposes; as follows: acreage and legal description of the real conveyed to the Port under this paragraph At the end of subtitle D of title III, add the property to be conveyed under subsections for the purpose specified in subsection (a).’’. following: (a) and (b) shall be determined by surveys (b) CONFORMING AMENDMENT.—The section satisfactory to the Secretary. The cost of the SEC. 335. REAUTHORIZATION OF WARRANTY heading for that section is amended to read survey for the property to be conveyed under as follows: CLAIMS RECOVERY PILOT PRO- GRAM. subsection (a) shall be borne by the State, ‘‘SEC. 2866. LAND CONVEYANCE AND TRANSFER, (a) EXTENSION OF AUTHORITY.—Subsection and the cost of the survey for the property to MUKILTEO TANK FARM, EVERETT, be conveyed under subsection (b) shall be WASHINGTON.’’. (f) of section 391 of the National Defense Au- thorization Act for Fiscal Year 1998 (Public borne by the City. (f) ADDITIONAL TERMS AND CONDITIONS.— Mr. WARNER (for Mr. Law 105–85; 111 Stat. 1716; 10 U.S.C. 2304 note) SA 1708. is amended by striking ‘‘September 30, 1999’’ The Secretary may require such additional INHOFE) proposed an amendment to the and inserting ‘‘September 30, 2003’’. terms and conditions in connection with the bill S. 1438, to authorize appropriations (b) REPORTING REQUIREMENTS.—Subsection conveyances under subsections (a) and (b) as for fiscal year 2002 for military activi- (g) of such section is amended— the Secretary considers appropriate to pro- ties of the Department of Defense, for (1) in paragraph (1), by striking ‘‘January tect the interests of the United States. military constructions, and for defense 1, 2000’’ and inserting ‘‘January 1, 2003’’; and SA 1712. Mr. WARNER (for Mr. STE- activities of the Department of Energy, (2) in paragraph (2), by striking ‘‘March 1, 2000’’ and inserting ‘‘March 1, 2003’’. VENS) proposed an amendment to the to prescribe personnel strengths for bill S. 1438, to authorize appropriations such fiscal year for the Armed Forces, SA 1711. Mr. LEVIN (for Mr. HOL- for fiscal year 2002 for military activi- and for other purposes; as follows: LINGS) proposed an amendment to the ties of the Department of Defense, for The table in section 2101(a) is amended in bill S. 1438, to authorize appropriations military constructions, and for defense the item relating to Fort Sill, Oklahoma, by for fiscal year 2002 for military activi- activities of the Department of Energy, striking ‘‘$18,600,000’’ in the amount column and inserting ‘‘$40,100,000’’. ties of the Department of Defense, for to prescribe personnel strengths for The table in section 2101(a) is amended by military constructions, and for defense such fiscal year for the Armed Forces, striking the amount identified as the total activities of the Department of Energy, and for other purposes; as follows:

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9931 Insert at the appropriate place in the bill for fiscal year 2002 for military activi- ‘‘(A) If such living survivors of the covered the following new item: ties of the Department of Defense, for employee include a spouse and one or more The Secretary of the Navy may sell to a military constructions, and for defense children— person outside the Department of Defense ar- activities of the Department of Energy, ‘‘(i) the spouse shall receive one-half of the ticles and services provided by the Naval amount of compensation provided for the Magazine, Indian Island facility that are not to prescribe personnel strengths for covered employee under this section; and available from any United States commer- such fiscal year for the Armed Forces, ‘‘(ii) each child shall receive an equal share cial source; Provided, That a sale pursuant to and for other purposes; as follows: of the remaining one-half of the amount of this section shall conform to the require- At the end of subtitle C of title V, add the the compensation provided for the covered ments of 10 U.S.C. section 2563 (c) and (d); following: employee under this section. and Provided further, That the proceeds from SEC. 540. PARTICIPATION OF REGULAR MEM- ‘‘(B) If such living survivors of the covered the sales of articles and services under this BERS OF THE ARMED FORCES IN employee include a spouse or one or more section shall be credited to operation and THE SENIOR RESERVE OFFICERS’ children, but not both a spouse and one or maintenance funds of the Navy, that are cur- TRAINING CORPS. more children— rent when the proceeds are received. (a) ELIGIBILITY.—Section 2104(b)(3) of title ‘‘(i) the spouse shall receive the amount of 10, United States Code, is amended by insert- compensation provided for the covered em- SA 1713. Mr. LEVIN (for Mr. HARKIN) ing ‘‘the regular component or’’ after ‘‘enlist ployee under this section; or proposed an amendment to the bill S. in’’. ‘‘(ii) each child shall receive an equal share 1438, to authorize appropriations for (b) PAY RATE WHILE ON FIELD TRAINING OR of the amount of the compensation provided fiscal year 2002 for military activities PRACTICE CRUISE.—Section 209(c) of title 37, for the covered employee under this section. United States Code, is amended by inserting ‘‘(C) If such living survivors of the covered of the Department of Defense, for mili- before the period at the end the following: ‘‘, tary constructions, and for defense ac- employee do not include a spouse or any except that the rate for a cadet or mid- children, but do include one or both parents, tivities of the Department of Energy, shipmen who is a member of the regular one or more grandparents, one or more to prescribe personnel strengths for component of an armed force shall be the grandchildren, or any combination of such such fiscal year for the Armed Forces, rate of basic pay applicable to the member individuals, each such individual shall re- and for other purposes; as follows: under section 203 of this title’’. ceive an equal share of the amount of the (c) EFFECTIVE DATE.—This section and the At the end of subtitle C of title XXVIII, compensation provided for the covered em- amendments made by this section shall take add the following: ployee under this section. effect on October 1, 2001. ‘‘(2) For purposes of this subsection, the SEC. 2827. LAND CONVEYANCE, FORT DES MOINES, IOWA. term ‘child’, in the case of a covered em- SA 1715. Mr. WARNER (for Mr. ployee, means any child of the covered em- (a) CONVEYANCE AUTHORIZED.—The Sec- ployee, including a natural child, adopted retary of the Army may convey, without VOINOVICH (for himself and Mr. child, or step-child who lived with the cov- consideration, to Fort Des Moines Memorial DEWINE)) proposed an amendment to ered employee in a parent-child relation- Park, Inc., a nonprofit organization (in this the bill S. 1438, to authorize appropria- ship.’’. section referred to as the ‘‘Memorial Park’’), tions for fiscal year 2002 for military (2) URANIUM EMPLOYEES.—Subsection (e) of all right, title, and interest of the United activities of the Department of De- section 3630 of that Act (114 Stat. 1654A–507) States in and to a parcel of real property, in- fense, for military constructions, and is amended to read as follows: cluding improvements thereon, consisting of for defense activities of the Depart- ‘‘(e) SURVIVORS.—(1) If a covered uranium approximately 4.6 acres located at Fort Des ment of Energy, to prescribe personnel employee dies before accepting payment of Moines United States Army Reserve Center, compensation under this section, whether or Des Moines, Iowa, for the purpose of the es- strengths for such fiscal year for the Armed Forces, and for other purposes; not the death is the result of the covered tablishment of the Fort Des Moines Memo- uranium employee’s occupational illness, the rial Park and Education Center. as follows: survivors of the covered uranium employee (b) CONDITION OF CONVEYANCE.—The con- Strike section 1113 and insert the fol- who are living at the time of payment of veyance under subsection (a) shall be subject lowing: compensation under this section shall re- to the condition that the Memorial Park use SEC. 1113. REPEAL OF LIMITATIONS ON EXER- ceive payment of compensation under this the property for museum and park purposes. CISE OF VOLUNTARY SEPARATION section in lieu of the covered uranium em- (c) REVERSION.—If the Secretary deter- INCENTIVE PAY AUTHORITY AND ployee as follows: mines at any time that the real property VOLUNTARY EARLY RETIREMENT ‘‘(A) If such living survivors of the covered AUTHORITY. conveyed under subsection (a) is not being uranium employee include a spouse and one Section 1153(b) of the Floyd D. Spence Na- used for museum and park purposes, all or more children— tional Defense Authorization Act for Fiscal right, title, and interest in and to the real ‘‘(i) the spouse shall receive one-half of the Year 2001 (as enacted into law by Public Law property, including any improvements there- amount of compensation provided for the 106–398; 114 Stat. 1654A–323) is amended— on, shall revert to the United States, and the covered uranium employee under this sec- (1) in paragraph (1), by striking ‘‘Subject United States shall have the right of imme- tion; and to paragraph (2), the’’ and inserting ‘‘The’’; diate entry thereon. ‘‘(ii) each child shall receive an equal share (2) by striking paragraph (2); and (d) REIMBURSEMENT FOR COSTS OF CONVEY- of the remaining one-half of the amount of (3) by redesignating subparagraphs (A) and ANCE.—(1) The Memorial Park shall reim- the compensation provided for the covered (B) as paragraphs (1) and (2), respectively. burse the Secretary for the costs incurred by uranium employee under this section. the Secretary for any environmental assess- ‘‘(B) If such living survivors of the covered Mr. LEVIN (for Mr. REID) ment, study, or analysis, or for any other ex- SA 1716. uranium employee include a spouse or one or penses incurred by the Secretary, for the proposed an amendment to the bill S. more children, but not both a spouse and one conveyance authorized in (a). 1438, to authorize appropriations for or more children— (2) The amount of the reimbursement fiscal year 2002 for military activities ‘‘(i) the spouse shall receive the amount of under paragraph (1) for any activity shall be of the Department of Defense, for mili- compensation provided for the covered ura- determined by the Secretary, but may not tary constructions, and for defense ac- nium employee under this section; or exceed the cost of such activity. tivities of the Department of Energy, ‘‘(ii) each child shall receive an equal share (3) Section 2695(c) of title 10 United States of the amount of the compensation provided Code, shall apply to any amount received to prescribe personnel strengths for such fiscal year for the Armed Forces, for the covered uranium employee under this under this subsection. section. (e) DESCRIPTION OF PROPERTY.—The exact and for other purposes; as follows: ‘‘(C) If such living survivors of the covered acreage and legal description of the real In section 3151(d), strike paragraphs (1) and uranium employee do not include a spouse or property to be conveyed under subsection (a) (2) and insert the following: any children, but do include one or both par- shall be determined by survey satisfactory to (1) IN GENERAL.—Subsection (e) of section ents, one or more grandparents, one or more the Secretary. The cost of the survey shall 3628 of that Act (114 Stat. 1654A–506) is grandchildren, or any combination of such be borne by the Memorial Park. amended to read as follows: individuals, each such individual shall re- (f) ADDITIONAL TERMS AND CONDITIONS.— ‘‘(e) SURVIVORS.—(1) If a covered employee ceive an equal share of the amount of the The Secretary may require such additional dies before accepting payment of compensa- compensation provided for the covered ura- terms and conditions in connection with the tion under this section, whether or not the nium employee under this section. conveyance under subsection (a) as the Sec- death is the result of the covered employee’s ‘‘(2) For purposes of this subsection, the retary considers appropriate to protect the occupational illness, the survivors of the term ‘child’, in the case of a covered ura- interests of the United States. covered employee who are living at the time nium employee, means any child of the cov- of payment of compensation under this sec- ered employee, including a natural child, SA 1714. Mr. WARNER (for Mr. tion shall receive payment of compensation adopted child, or step-child who lived with SHELBY) proposed an amendment to the under this section in lieu of the covered em- the covered employee in a parent-child rela- bill S. 1438, to authorize appropriations ployee as follows: tionship.’’.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9932 CONGRESSIONAL RECORD — SENATE September 26, 2001 In section 3151(g)(1) in the matter pre- ments with appropriate public or private en- relocating, replacing, or modifying the Fed- ceding subparagraph (A), insert ‘‘, with the tities or individuals in order to provide for eral entity’s operations because of the re- cooperation of the Department of Energy the establishment and maintenance of the allocation of frequencies from Federal use to and the Department of Labor,’’ after ‘‘shall’’. historic site referred to in subsection (a)(2). non-Federal use is eligible for reimburse- In section 3151(g), strike paragraph (2) and ment for such costs from the Federal Spec- insert the following: SA 1719. Mr. WARNER (for himself trum Relocation Working Capital Account in (2)(A) Not later than 180 days after the date and Mr. ALLEN) submitted an amend- accordance with section 1009(d)(1)(A) of the of the enactment of this Act, the National ment intended to be proposed by him National Defense Authorization Act for Fis- Institute for Occupational Safety and Health to the bill S. 1438, to authorize appro- cal Year 2002. shall submit to the congressional defense priations for fiscal year 2002 for mili- ‘‘(2) COVERED FREQUENCIES.—The bands of committees a report on the progress made as frequencies specified in this paragraph are as of the date of the report on the study under tary activities of the Department of follows: paragraph (1). Defense, for military constructions, ‘‘(A) The 216–220 megahertz band, 1432–1435 (B) Not later than one year after the date and for defense activities of the De- megahertz band, 1710–1755 megahertz band, of the enactment of this Act, the National partment of Energy, to prescribe per- and 2385–2390 megahertz band of frequencies. Institute shall submit to the congressional sonnel strengths for such fiscal year ‘‘(B) Any other band of frequencies reallo- defense committees a final report on the for the Armed Forces, and for other cated from Federal use to non-Federal use study under paragraph (1). purposes; which was ordered to lie on after the date of the enactment of the Na- the table; as follows: tional Defense Authorization Act for Fiscal SA 1717. Mr. WARNER (for Mr. Year 2002.’’. SANTORUM) proposed an amendment to At the end of subtitle E of title X, add the (c) AUCTION OF FREQUENCIES; DEPOSIT OF the bill S. 1438, to authorize appropria- following: PROCEEDS.—Paragraph (8) of section 309(j) of tions for fiscal year 2002 for military SEC. 1066. DEADLINE FOR COLLECTION OF PRO- the Communications Act of 1934 (47 U.S.C. activities of the Department of De- CEEDS OF AUCTION OF CERTAIN 309(j)) is amended by adding at the end the SPECTRUM FREQUENCY. following new subparagraphs: fense, for military constructions, and Section 3007 of the Balanced Budget Act of ‘‘(D) MINIMUM CASH PROCEEDS OF AUC- for defense activities of the Depart- 1997 (Public Law 105–33; 111 Stat. 269; 47 TIONS.—In conducting an auction for a fre- ment of Energy, to prescribe personnel U.S.C. 309 note) is amended— quency under this section that were reallo- strengths for such fiscal year for the (1) by striking ‘‘The Commission’’ and in- cated from a Federal Agency, the Commis- Armed Forces, and for other purposes; serting ‘‘(a) IN GENERAL.—The Federal Com- sion shall ensure that the cash proceeds of as follows: munications Commission’’; and the auction are sufficient to reimburse the (2) by adding at the end the following new Federal entity concerned in replacing, modi- At the end of subtitle D of title III, add the subsection: following: fying, and relocating the equipment and fa- ‘‘(b) CERTAIN FREQUENCIES.— cilities of the Federal Government station SEC. 335. FUNDING FOR LAND FORCES READI- ‘‘(1) DEADLINE.—Notwithstanding any operating on the frequency in accordance NESS-INFORMATION OPERATIONS other provision of this title, in the case of SUSTAINMENT. with section 1009(d)(1)(A) of the National De- the bands of frequencies specified in para- Of the amount authorized to be appro- fense Authorization Act for Fiscal Year 2002. graph (2), the Commission shall conduct priated by section 301(6), $5,000,000 may be ‘‘(E) DISPOSITION OF CASH PROCEEDS.—Any competitive bidding for such frequencies in a available for land forces readiness-informa- cash proceeds of an auction covered by sub- manner that ensures that all proceeds of tion operation sustainment. paragraph (D) shall be deposited in the Fed- such bidding are deposited in accordance eral Spectrum Relocation Working Capital with section 309(j)(8) of the Communications SA 1718. Mr. LEVIN (for Mr. CONRAD) Account established under section 1009 of the Act of 1934 not later than September 30, 2004. proposed an amendment to the bill S. National Defense Authorization Act for Fis- ‘‘(2) SPECIFIED FREQUENCIES.—The fre- 1438, to authorize appropriations for cal Year 2002, and shall be available in ac- quencies specified in this paragraph are as cordance with that section, including any fiscal year 2002 for military activities follows: conditions and limitations under that sec- of the Department of Defense, for mili- ‘‘(A) The band of frequencies located at tion.’’. tary constructions, and for defense ac- 1,710–1,755 megahertz. (d) AVAILABILITY OF AMOUNTS IN AC- tivities of the Department of Energy, ‘‘(B) The band of frequencies located at COUNT.—(1) Subject to paragraph (2), to prescribe personnel strengths for 2,110–2,150 megahertz.’’. amounts in the Account shall be available to such fiscal year for the Armed Forces, the Federal entity for purposes of— Mr. WARNER (for himself and for other purposes; as follows: SA 1720. (A) reimbursing the Federal entity for and Mr. ALLEN) submitted an amend- costs incurred by the entity in— At the end of subtitle C of title III, add the ment intended to be proposed by him (i) the modernization of the equipment and following: to the bill S. 1438, to authorize appro- facilities of the Federal Government station SEC. 2827. LAND CONVEYANCES, CERTAIN priations for fiscal year 2002 for mili- that operate on the frequency; and FORMER MINUTEMAN III ICBM FA- (ii) the relocation of such equipment or fa- CILITIES IN NORTH DAKOTA. tary activities of the Department of cilities, as so modernized, to a suitable re- (a) CONVEYANCES REQUIRED.—(1) The Sec- Defense, for military constructions, placement frequency or frequencies; and retary of the Air Force may convey, without and for defense activities of the De- (B) paying the costs of research to develop consideration, to the State Historical Soci- partment of Energy, to prescribe per- more efficient use of the radio frequency ety of North Dakota (in this section referred sonnel strengths for such fiscal year spectrum. to as the ‘‘Historical Society’’) all right, (2) The first $19,000,000,000 of the amount in title, and interest of the United States in for the Armed Forces, and for other purposes; which was ordered to lie on the Account shall be available under para- and to parcels of real property, together with graph (1) subject to applicable provisions of any improvements thereon, of the Minute- the table; as follows: appropriations Acts. man III ICBM facilities of the former 321st At the end of subtitle A of title X, add the (e) TREATMENT OF AMOUNTS MADE AVAIL- Missile Group at Grand Forks Air Force following: ABLE.—Any amount made available to a Fed- Base, North Dakota, as follows: SEC. 1009. FUNDING FOR COSTS OF MODERN- eral entity under subsection (d)(1)(A) to re- (A) The parcel consisting of the launch fa- IZING AND RELOCATING USE OF DE- imburse the entity for costs described in cility designated ‘‘November–33’’. PARTMENT OF DEFENSE FRE- that subsection shall be deposited in the ac- (B) The parcel consisting of the missile QUENCY SPECTRUM. count or appropriation providing the funds alert facility and launch control center des- (a) ESTABLISHMENT OF WORKING CAPITAL to pay the costs for which reimbursement is ignated ‘‘Oscar-O’’. ACCOUNT.—There is established on the books made under that subsection. Any amounts so (2) The purpose of the conveyance of the fa- of the Treasury an account to be known as deposited shall be merged with amounts in cilities is to provide for the establishment of the ‘‘Federal Spectrum Relocation Working the account or appropriation concerned, and an historical site allowing for the preserva- Capital Account’’ (in this section referred to shall be available for the same purposes, and tion, protection, and interpretation of the fa- as the ‘‘Account’’). subject to the same terms and conditions, as cilities. (b) FREQUENCIES SUBJECT TO REIMBURSE- other amounts in the account or appropria- (b) CONSULTATION.—The Secretary shall MENT.—Section 113(g) of the National Tele- tion. consult with the Secretary of State and the communications and Information Adminis- (f) REVERSION TO TREASURY.—Any amount Secretary of Defense in order to ensure that tration Act (47 U.S.C. 923(g)) is amended by deposited in the Account that remains avail- the conveyances required by subsection (a) striking paragraphs (1) through (3) and in- able for deposit under subsection (e) on the are carried out in accordance with applicable serting the following new paragraphs: date that is 15 years after the deposit of such treaties. ‘‘(1) IN GENERAL.—Any Federal entity that amount in the Account shall be deposited as (c) HISTORIC SITE.—The Secretary may, in operates a Federal Government station as- of the date in the General Fund of the Treas- cooperation with the Historical Society, signed to a band of frequencies specified in ury under chapter 33 of title 31, United enter into one or more cooperative agree- paragraph (2) and incurs costs as a result of States Code.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9933 SA 1721. Mr. SMITH of New Hamp- SEC. ll. ENGINEERED REFUELING OVERHAUL SA 1722. Mr. NELSON of Florida sub- OF U.S.S. ALBUQUERQUE AT PORTS- mitted an amendment intended to be shire submitted an amendment in- MOUTH NAVAL SHIPYARD, NEW tended to be proposed by him to the HAMPSHIRE. proposed by him to the bill S. 1438, to authorize appropriations for fiscal year bill S. 1438, to authorize appropriations (a) FUNDING.—Notwithstanding any other for fiscal year 2002 for military activi- provision of this Act, of the amount author- 2002 for military activities of the De- partment of Defense, for military con- ties of the Department of Defense, for ized to be appropriated by section 301(2) for structions, and for defense activities of military constructions, and for defense the Navy for operation and maintenance, the Department of Energy, to prescribe activities of the Department of Energy, $16,248,000 shall be available for the purpose of the continuation of the ongoing engi- personnel strengths for such fiscal year to prescribe personnel strengths for neered refueling overhaul of the U.S.S. Albu- for the Armed Forces, and for other such fiscal year for the Armed Forces, querque (SSN–706) at Portsmouth Naval purposes; which was ordered to lie on and for other purposes; which was or- Shipyard, New Hampshire. the table; as follows: dered to lie on the table; as follows: (b) AVAILABILITY OF FUNDS.—The amount In section 2301(a), in the table, strike the available under subsection (a) for the pur- items relating to MacDill Air Force Base, At the end of subtitle A of title III, add the pose described in that subsection shall re- Florida, and Tyndall Air Force Base, Flor- following: main available until expended. ida, and insert the following new item:

Tyndall Air Force Base ...... $17,250,000

In section 2301(a), in the table, strike the ute, the statute will enter into force on the vital national interests of the United States. amount specified as the total in the amount first day of the month after the 60th day fol- The United States Government has an obli- column and insert ‘‘$803,570,000. lowing the date on which the 60th country gation to protect the members of its Armed In section 2304(a), in the matter preceding deposits an instrument ratifying the statute. Forces, to the maximum extent possible, paragraph (1), strike ‘‘$2,579,791,000’’ and in- (3) Since adoption of the Rome Statute, a against criminal prosecutions carried out by sert ‘‘$2,571,991,000’’. Preparatory Commission for the Inter- the International Criminal Court. In section 2304(a), strike ‘‘$816,070,000’’ and national Criminal Court has met regularly (9) In addition to exposing members of the insert ‘‘$808,270,000’’. to draft documents to implement the Rome Armed Forces of the United States to the In section 2601(2), strike ‘‘$33,641,000’’ and Statute, including Rules of Procedure and risk of international criminal prosecution, insert ‘‘$42,241,000’’. Evidence, Elements of Crimes, and a defini- the Rome Statute creates a risk that the tion of the Crime of Aggression. President and other senior elected and ap- SA 1723. Mr. REID (for Mr. (4) During testimony before the Congress pointed officials of the United States Gov- WELLSTONE) proposed an amendment to following the adoption of the Rome Statute, ernment may be prosecuted by the Inter- the bill S. Res. 147, to designate the the lead United States negotiator, Ambas- national Criminal Court. Particularly if the sador David Scheffer stated that the United Preparatory Commission agrees on a defini- month of September of 2001, as ‘‘Na- States could not sign the Rome Statute be- tional Alcohol and Drug Addiction Re- tion of the Crime of Aggression over United cause certain critical negotiating objectives States objections, senior United States offi- covery Month’’; as follows: of the United States had not been achieved. cials may be at risk of criminal prosecution In the preamble, strike the second Whereas As a result, he stated: ‘‘We are left with con- for national security decisions involving clause and insert the following: sequences that do not serve the cause of such matters as responding to acts of ter- Whereas, according to a 1992 NIDA study, international justice.’’ rorism, preventing the proliferation of weap- the direct and indirect costs in the United (5) Ambassador Scheffer went on to tell the ons of mass destruction, and deterring ag- States for alcohol and drug addiction was Congress that: ‘‘Multinational peacekeeping gression. No less than members of the Armed $246 billion, in that year. forces operating in a country that has joined Forces of the United States, senior officials the treaty can be exposed to the Court’s ju- of the United States Government should be SA 1724. Mr. HELMS (for himself, Mr. risdiction even if the country of the indi- free from the risk of prosecution by the MILLER, Mr. ALLEN, Mr. BOND, Mr. vidual peacekeeper has not joined the treaty. International Criminal Court, especially Thus, the treaty purports to establish an ar- HATCH, and Mr. MURKOWSKI) submitted with respect to official actions taken by rangement whereby United States armed them to protect the national interests of the an amendment intended to be proposed forces operating overseas could be conceiv- by him to the bill H.R. 1438, to author- United States. ably prosecuted by the international court (10) Any agreement within the Preparatory ize appropriations for fiscal year 2002 even if the United States has not agreed to Commission on a definition of the Crime of for military activities of the Depart- be bound by the treaty. Not only is this con- Aggression that usurps the prerogative of ment of Defense for military construc- trary to the most fundamental principles of the United Nations Security Council under tions, and for defense activities of the treaty law, it could inhibit the ability of the Article 39 of the charter of the United Na- Department of Energy, to prescribe United States to use its military to meet al- tions to ‘‘determine the existence of any .... liance obligations and participate in multi- personnel strengths for such fiscal year act of aggression’’ would contravene the national operations, including humanitarian charter of the United Nations and undermine for the Armed Forces, and for other interventions to save civilian lives. Other purposes; as follows: deterrence. contributors to peacekeeping operations will (11) It is a fundamental principle of inter- At the end of division A, add the following be similarly exposed.’’. national law that a treaty is binding upon its new title: (6) Notwithstanding these concerns, Presi- parties only and that it does not create obli- TITLE XIV—AMERICAN SERVICEMEM- dent Clinton directed that the United States gations for nonparties without their consent BERS’ PROTECTION ACT OF 2001 sign the Rome Statute on December 31, 2000. to be bound. The United States is not a party In a statement issued that day, he stated SEC. 1401. SHORT TITLE. to the Rome Statute and will not be bound that in view of the unremedied deficiencies by any of its terms. The United States will This title may be cited as the ‘‘American of the Rome Statute, ‘‘I will not, and do not Servicemembers’ Protection Act of 2001’’. not recognize the jurisdiction of the Inter- recommend that my successor submit the national Criminal Court over United States SEC. 1402. FINDINGS. Treaty to the Senate for advice and consent nationals. Congress makes the following findings: until our fundamental concerns are satis- (1) On July 17, 1998, the United Nations fied’’. SEC. 1403. WAIVER AND TERMINATION OF PROHI- Diplomatic Conference of Plenipotentiaries (7) Any American prosecuted by the Inter- BITIONS OF THIS TITLE. on the Establishment of an International national Criminal Court will, under the (a) AUTHORITY TO INITIALLY WAIVE SEC- Criminal Court, meeting in Rome, Italy, Rome Statute, be denied procedural protec- TIONS 1405 AND 1407.—The President is au- adopted the ‘‘Rome Statute of the Inter- tions to which all Americans are entitled thorized to waive the prohibitions and re- national Criminal Court’’. The vote on under the Bill of Rights to the United States quirements of sections 1405 and 1407 for a sin- whether to proceed with the statute was 120 Constitution, such as the right to trial by gle period of one year. A waiver under this in favor to 7 against, with 21 countries ab- jury. subsection may be issued only if the Presi- staining. The United States voted against (8) Members of the Armed Forces of the dent at least 15 days in advance of exercising final adoption of the Rome Statute. United States should be free from the risk of such authority— (2) As of April 30, 2001, 139 countries had prosecution by the International Criminal (1) notifies the appropriate congressional signed the Rome Statute and 30 had ratified Court, especially when they are stationed or committees of the intention to exercise such it. Pursuant to Article 126 of the Rome Stat- deployed around the world to protect the authority; and

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(2) determines and reports to the appro- (i) Covered United States persons. (g) RESTRICTION ON ASSISTANCE PURSUANT priate congressional committees that the (ii) Covered allied persons. TO MUTUAL LEGAL ASSISTANCE TREATIES.— International Criminal Court has entered (iii) Individuals who were covered United The United States shall exercise its rights to into a binding agreement that— States persons or covered allied persons. limit the use of assistance provided under all (A) prohibits the International Criminal (d) TERMINATION OF WAIVER PURSUANT TO treaties and executive agreements for mu- Court from seeking to exercise jurisdiction SUBSECTION (c).—Any waiver or waivers exer- tual legal assistance in criminal matters, over the following persons with respect to cised pursuant to subsection (c) of the prohi- multilateral conventions with legal assist- actions undertaken by them in an official ca- bitions and requirements of sections 1404 and ance provisions, and extradition treaties, to pacity: 1406 shall terminate at any time that a waiv- which the United States is a party, and in (i) covered United States persons; er pursuant to subsection (a) or (b) of the connection with the execution or issuance of (ii) covered allied persons; and prohibitions and requirements of sections any letter rogatory, to prevent the transfer (iii) individuals who were covered United 1405 and 1407 expires and is not extended pur- to, or other use by, the International Crimi- States persons or covered allied persons; and suant to subsection (b). nal Court of any assistance provided by the (B) ensures that no person described in (e) TERMINATION OF PROHIBITIONS OF THIS United States under such treaties and letters subparagraph (A) will be arrested, detained, TITLE.—The prohibitions and requirements rogatory. prosecuted, or imprisoned by or on behalf of of sections 1404, 1405, 1406, and 1407 shall (h) PROHIBITION ON INVESTIGATIVE ACTIVI- the International Criminal Court. cease to apply, and the authority of section TIES OF AGENTS.—No agent of the Inter- (b) AUTHORITY TO EXTEND WAIVER OF SEC- 1408 shall terminate, if the United States be- national Criminal Court may conduct, in the TIONS 1405 AND 1407.—The President is au- comes a party to the International Criminal United States or any territory subject to the thorized to waive the prohibitions and re- Court pursuant to a treaty made under arti- jurisdiction of the United States, any inves- quirements of sections 1405 and 1407 for suc- cle II, section 2, clause 2 of the Constitution tigative activity relating to a preliminary cessive periods of one year each upon the ex- of the United States. inquiry, investigation, prosecution, or other piration of a previous waiver pursuant to SEC. 1404. PROHIBITION ON COOPERATION WITH proceeding at the International Criminal subsection (a) or this subsection. A waiver THE INTERNATIONAL CRIMINAL Court. COURT. under this subsection may be issued only if SEC. 1405. RESTRICTION ON UNITED STATES PAR- the President at least fifteen days in advance (a) APPLICATION.—The provisions of this TICIPATION IN CERTAIN UNITED NA- of exercising such authority— section— TIONS PEACEKEEPING OPERATIONS. (1) notifies the appropriate congressional (1) apply only to cooperation with the (a) POLICY.—Effective beginning on the committees of the intention to exercise such International Criminal Court and shall not date on which the Rome Statute enters into authority; and apply to cooperation with an ad hoc inter- force pursuant to Article 126 of the Rome (2) determines and reports to the appro- national criminal tribunal established by the Statute, the President should use the voice priate congressional committees that the United Nations Security Council before or and vote of the United States in the United International Criminal Court— after the date of the enactment of this Act Nations Security Council to ensure that each (A) remains party to, and has continued to to investigate and prosecute war crimes resolution of the Security Council author- abide by, a binding agreement that— committed in a specific country or during a izing any peacekeeping operation under (i) prohibits the International Criminal specific conflict; and chapter VI of the charter of the United Na- Court from seeking to exercise jurisdiction (2) shall not prohibit— tions or peace enforcement operation under over the following persons with respect to (A) any action permitted under section chapter VII of the charter of the United Na- actions undertaken by them in an official ca- 1408; or tions permanently exempts, at a minimum, pacity: (B) communication by the United States of members of the Armed Forces of the United (I) covered United States persons; its policy with respect to a matter. States participating in such operation from (b) PROHIBITION ON RESPONDING TO RE- (II) covered allied persons; and criminal prosecution or other assertion of ju- QUESTS FOR COOPERATION.—Notwithstanding (III) individuals who were covered United risdiction by the International Criminal section 1782 of title 28, United States Code, States persons or covered allied persons; and Court for actions undertaken by such per- or any other provision of law, no United (ii) ensures that no person described in sonnel in connection with the operation. States Court, and no agency or entity of any clause (i) will be arrested, detained, pros- (b) RESTRICTION.—Members of the Armed State or local government, including any ecuted, or imprisoned by or on behalf of the Forces of the United States may not partici- court, may cooperate with the International International Criminal Court; and pate in any peacekeeping operation under Criminal Court in response to a request for chapter VI of the charter of the United Na- (B) has taken no steps to arrest, detain, cooperation submitted by the International prosecute, or imprison any person described tions or peace enforcement operation under Criminal Court pursuant to the Rome Stat- chapter VII of the charter of the United Na- in clause (i) of subparagraph (A). ute. (c) AUTHORITY TO WAIVE SECTIONS 1404 AND tions, the creation of which is authorized by (c) PROHIBITION ON TRANSMITTAL OF LET- 1406 WITH RESPECT TO AN INVESTIGATION OR the United Nations Security Council on or TERS ROGATORY FROM THE INTERNATIONAL PROSECUTION OF A NAMED INDIVIDUAL.—The after the date that the Rome Statute enters CRIMINAL COURT.—Notwithstanding section President is authorized to waive the prohibi- into effect pursuant to Article 126 of the 1781 of title 28, United States Code, or any tions and requirements of sections 1404 and Rome Statute, unless the President has sub- other provision of law, no agency of the 1406 to the degree such prohibitions and re- mitted to the appropriate congressional United States Government may transmit for quirements would prevent United States co- committees a certification described in sub- execution any letter rogatory issued, or operation with an investigation or prosecu- section (c) with respect to such operation. other request for cooperation made, by the tion of a named individual by the Inter- (c) CERTIFICATION.—The certification re- International Criminal Court to the tri- national Criminal Court. A waiver under this ferred to in subsection (b) is a certification bunal, officer, or agency in the United States subsection may be issued only if the Presi- by the President that— dent at least 15 days in advance of exercising to whom it is addressed. (1) members of the Armed Forces of the (d) PROHIBITION ON EXTRADITION TO THE such authority— United States are able to participate in the INTERNATIONAL CRIMINAL COURT.—Notwith- (1) notifies the appropriate congressional peacekeeping or peace enforcement oper- standing any other provision of law, no agen- committees of the intention to exercise such ation without risk of criminal prosecution or cy or entity of the United States Govern- authority; and ment or of any State or local government other assertion of jurisdiction by the Inter- (2) determines and reports to the appro- may extradite any person from the United national Criminal Court because, in author- priate congressional committees that— States to the International Criminal Court, izing the operation, the United Nations Se- (A) a waiver pursuant to subsection (a) or nor support the transfer of any United States curity Council permanently exempted, at a (b) of the prohibitions and requirements of citizen or permanent resident alien to the minimum, members of the Armed Forces of sections 1405 and 1407 is in effect; International Criminal Court. the United States participating in the oper- (B) there is reason to believe that the (e) PROHIBITION ON PROVISION OF SUPPORT ation from criminal prosecution or other as- named individual committed the crime or TO THE INTERNATIONAL CRIMINAL COURT.— sertion of jurisdiction by the International crimes that are the subject of the Inter- Notwithstanding any other provision of law, Criminal Court for actions undertaken by national Criminal Court’s investigation or no agency or entity of the United States them in connection with the operation; prosecution; Government or of any State or local govern- (2) members of the Armed Forces of the (C) it is in the national interest of the ment, including any court, may provide sup- United States are able to participate in the United States for the International Criminal port to the International Criminal Court. peacekeeping or peace enforcement oper- Court’s investigation or prosecution of the (f) PROHIBITION ON USE OF APPROPRIATED ation without risk of criminal prosecution or named individual to proceed; and FUNDS TO ASSIST THE INTERNATIONAL CRIMI- other assertion of jurisdiction by the Inter- (D) in investigating events related to ac- NAL COURT.—Notwithstanding any other pro- national Criminal Court because each coun- tions by the named individual, none of the vision of law, no funds appropriated under try in which members of the Armed Forces following persons will be investigated, ar- any provision of law may be used for the pur- of the United States participating in the op- rested, detained, prosecuted, or imprisoned pose of assisting the investigation, arrest, eration will be present either is not a party by or on behalf of the International Criminal detention, extradition, or prosecution of any to the International Criminal Court and has Court with respect to actions undertaken by United States citizen or permanent resident not invoked the jurisdiction of the Inter- them in an official capacity: alien by the International Criminal Court. national Criminal Court pursuant to Article

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9935 12 of the Rome Statute, or has entered into SEC. 1408. AUTHORITY TO FREE MEMBERS OF in order to reduce any risks to members of an agreement in accordance with Article 98 THE ARMED FORCES OF THE the Armed Forces of the United States iden- of the Rome Statute preventing the Inter- UNITED STATES AND CERTAIN tified pursuant to subsection (a)(2). national Criminal Court from proceeding OTHER PERSONS DETAINED OR IM- PRISONED BY OR ON BEHALF OF (c) SUBMISSION IN CLASSIFIED FORM.—The against members of the Armed Forces of the THE INTERNATIONAL CRIMINAL report under subsection (a), and the descrip- United States present in that country; or COURT. tion of measures under subsection (b), or ap- (3) the national interests of the United (a) AUTHORITY.—The President is author- propriate parts thereof, may be submitted in States justify participation by members of ized to use all means necessary and appro- classified form. the Armed Forces of the United States in the priate to bring about the release of any per- SEC. 1410. WITHHOLDINGS. peacekeeping or peace enforcement oper- son described in subsection (b) who is being Funds withheld from the United States ation. detained or imprisoned by, on behalf of, or at share of assessments to the United Nations SEC. 1406. PROHIBITION ON DIRECT OR INDI- the request of the International Criminal or any other international organization dur- RECT TRANSFER OF CLASSIFIED NA- Court. ing any fiscal year pursuant to section 705 of TIONAL SECURITY INFORMATION (b) PERSONS AUTHORIZED TO BE FREED.— the Admiral James W. Nance and Meg Dono- AND LAW ENFORCEMENT INFORMA- The authority of subsection (a) shall extend van Foreign Relations Authorization Act, TION TO THE INTERNATIONAL to the following persons: CRIMINAL COURT. Fiscal Years 2000 and 2001 (as enacted by sec- (1) Covered United States persons. tion 1000(a)(7) of Public Law 106–113; 113 Stat. (a) IN GENERAL.—Not later than the date (2) Covered allied persons. 1501A–460), are authorized to be transferred on which the Rome Statute enters into force, (3) Individuals detained or imprisoned for to the Embassy Security, Construction and the President shall ensure that appropriate official actions taken while the individual Maintenance Account of the Department of procedures are in place to prevent the trans- was a covered United States person or a cov- State. fer of classified national security informa- ered allied person, and in the case of a cov- tion and law enforcement information to the SEC. 1411. APPLICATION OF SECTIONS 1404 AND ered allied person, upon the request of such 1406 TO EXERCISE OF CONSTITU- International Criminal Court for the purpose government. TIONAL AUTHORITIES. of facilitating an investigation, apprehen- UTHORIZATION OF EGAL SSISTANCE (c) A L A .— (a) IN GENERAL.—Sections 1404 and 1406 sion, or prosecution. When any person described in subsection (b) shall not apply to any action or actions with (b) INDIRECT TRANSFER.—The procedures is arrested, detained, investigated, pros- respect to a specific matter involving the adopted pursuant to subsection (a) shall be ecuted, or imprisoned by, on behalf of, or at International Criminal Court taken or di- designed to prevent the transfer to the the request of the International Criminal rected by the President on a case-by-case United Nations and to the government of Court, the President is authorized to direct basis in the exercise of the President’s au- any country that is party to the Inter- any agency of the United States Government thority as Commander in Chief of the Armed national Criminal Court of classified na- to provide— Forces of the United States under article II, tional security information and law enforce- (1) legal representation and other legal as- section 2 of the United States Constitution ment information that specifically relates to sistance to that person (including, in the or in the exercise of the executive power matters known to be under investigation or case of a person entitled to assistance under under article II, section 1 of the United prosecution by the International Criminal section 1037 of title 10, United States Code, States Constitution. representation and other assistance in the Court, except to the degree that satisfactory (b) NOTIFICATION TO CONGRESS.— manner provided in that section); assurances are received from the United Na- (1) IN GENERAL.—Subject to paragraph (2), tions or that government, as the case may (2) exculpatory evidence on behalf of that not later than 15 days after the President be, that such information will not be made person; and takes or directs an action or actions de- available to the International Criminal (3) defense of the interests of the United scribed in subsection (a) that would other- Court for the purpose of facilitating an in- States through appearance before the Inter- wise be prohibited under section 1404 or 1406, vestigation, apprehension, or prosecution. national Criminal Court pursuant to Article the President shall submit a notification of (c) CONSTRUCTION.—The provisions of this 18 or 19 of the Rome Statute, or before the such action to the appropriate congressional section shall not be construed to prohibit courts or tribunals of any country. committees. A notification under this para- (d) BRIBES AND OTHER INDUCEMENTS NOT any action permitted under section 1408. graph shall include a description of the ac- AUTHORIZED.—This section does not author- tion, a determination that the action is in SEC. 1407. PROHIBITION OF UNITED STATES MILI- ize the payment of bribes or the provision of the national interest of the United States, TARY ASSISTANCE TO PARTIES TO other such incentives to induce the release of THE INTERNATIONAL CRIMINAL and a justification for the action. a person described in subsection (b). COURT. (2) EXCEPTION.—If the President deter- SEC. 1409. ALLIANCE COMMAND ARRANGEMENTS. (a) PROHIBITION OF MILITARY ASSISTANCE.— mines that a full notification under para- Subject to subsections (b) and (c), and effec- (a) REPORT ON ALLIANCE COMMAND AR- graph (1) could jeopardize the national secu- tive one year after the date on which the RANGEMENTS.—Not later than 6 months after rity of the United States or compromise a Rome Statute enters into force pursuant to the date of the enactment of this Act, the United States law enforcement activity, not Article 126 of the Rome Statute, no United President should transmit to the appropriate later than 15 days after the President takes States military assistance may be provided congressional committees a report with re- or directs an action or actions referred to in to the government of a country that is a spect to each military alliance to which the paragraph (1) the President shall notify the party to the International Criminal Court. United States is party— appropriate congressional committees that (1) describing the degree to which members an action has been taken and a determina- (b) NATIONAL INTEREST WAIVER.—The of the Armed Forces of the United States President may, without prior notice to Con- tion has been made pursuant to this para- may, in the context of military operations graph. The President shall provide a full no- gress, waive the prohibition of subsection (a) undertaken by or pursuant to that alliance, with respect to a particular country if he de- tification under paragraph (1) not later than be placed under the command or operational 15 days after the reasons for the determina- termines and reports to the appropriate con- control of foreign military officers subject to gressional committees that it is important tion under this paragraph no longer apply. the jurisdiction of the International Crimi- (c) CONSTRUCTION.—Nothing in this section to the national interest of the United States nal Court because they are nationals of a to waive such prohibition. shall be construed as a grant of statutory au- party to the International Criminal Court; thority to the President to take any action. (c) ARTICLE 98 WAIVER.—The President and may, without prior notice to Congress, waive (2) evaluating the degree to which mem- SEC. 1412. NONDELEGATION. the prohibition of subsection (a) with respect bers of the Armed Forces of the United The authorities vested in the President by to a particular country if he determines and States engaged in military operations under- sections 1403 and 1411(a) may not be dele- reports to the appropriate congressional taken by or pursuant to that alliance may be gated by the President pursuant to section committees that such country has entered exposed to greater risks as a result of being 301 of title 3, United States Code, or any into an agreement with the United States placed under the command or operational other provision of law. The authority vested pursuant to Article 98 of the Rome Statute control of foreign military officers subject to in the President by section 1405(c)(3) may not preventing the International Criminal court the jurisdiction of the International Crimi- be delegated by the President pursuant to from proceeding against United States per- nal Court. section 301 of title 3, United States Code, or sonnel present in such country. (b) DESCRIPTION OF MEASURES TO ACHIEVE any other provision of law to any official (d) EXEMPTION.—The prohibition of sub- ENHANCED PROTECTION FOR MEMBERS OF THE other than the Secretary of Defense, and if section (a) shall not apply to the government ARMED FORCES OF THE UNITED STATES.—Not so delegated may not be subdelegated. of— later than one year after the date of the en- SEC. 1413. DEFINITIONS. (1) a NATO member country; actment of this Act, the President should As used in this title and in section 706 of (2) a major non-NATO ally (including Aus- transmit to the appropriate congressional the Admiral James W. Nance and Meg Dono- tralia, Egypt, Israel, Japan, Jordan, Argen- committees a description of modifications to van Foreign Relations Authorization Act, tina, the Republic of Korea, and New Zea- command and operational control arrange- Fiscal Years 2000 and 2001: land); or ments within military alliances to which the (1) APPROPRIATE CONGRESSIONAL COMMIT- (3) Taiwan. United States is a party that could be made TEES.—The term ‘‘appropriate congressional

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9936 CONGRESSIONAL RECORD — SENATE September 26, 2001 committees’’ means the Committee on Inter- eration to maintain or restore international NOTICES OF HEARINGS/MEETINGS national Relations of the House of Rep- peace and security that— resentatives and the Committee on Foreign (A) is authorized by the United Nations Se- COMMITTEE ON AGRICULTURE, NUTRITION, AND Relations of the Senate. curity Council under chapter VI or VII of the FORESTRY (2) CLASSIFIED NATIONAL SECURITY INFORMA- charter of the United Nations; and Mr. HARKIN. Mr. President, I would TION.—The term ‘‘classified national security (B) is paid for from assessed contributions like to announce that the Committee information’’ means information that is of United Nations members that are made on Agriculture, Nutrition, and For- classified or classifiable under Executive available for peacekeeping or peace enforce- estry will meet on September 26, 2001, Order 12958 or a successor Executive order. ment activities. in SD–106 at 9 a.m. The purpose of this (3) COVERED ALLIED PERSONS.—The term (11) ROME STATUTE.—The term ‘‘Rome ‘‘covered allied persons’’ means military per- Statute’’ means the Rome Statute of the hearing will be to discuss the Adminis- sonnel, elected or appointed officials, and International Criminal Court, adopted by the tration perspective with regard to the other persons employed by or working on be- United Nations Diplomatic Conference of new federal farm bill followed by a half of the government of a NATO member Plenipotentiaries on the Establishment of an nomination hearing. country, a major non-NATO ally (including International Criminal Court on July 17, COMMITTEE ON ENERGY AND NATURAL Australia, Egypt, Israel, Japan, Jordan, Ar- 1998. RESOURCES gentina, the Republic of Korea, and New Zea- (12) SUPPORT.—The term ‘‘support’’ means Mr. BINGAMAN. Mr. President, I land), or Taiwan, for so long as that govern- assistance of any kind, including financial ment is not a party to the International support, transfer of property or other mate- would like to announce for the infor- Criminal Court and wishes its officials and rial support, services, intelligence sharing, mation of the Senate and the public other persons working on its behalf to be ex- law enforcement cooperation, the training or that a nomination hearing has been empted from the jurisdiction of the Inter- detail of personnel, and the arrest or deten- scheduled before the Committee on En- national Criminal Court. tion of individuals. ergy and Natural Resources. The hear- (4) COVERED UNITED STATES PERSONS.—The (13) UNITED STATES MILITARY ASSISTANCE.— ing will take place on Wednesday, Oc- term ‘‘covered United States persons’’ means The term ‘‘United States military assist- members of the Armed Forces of the United tober 3, at 9:30 a.m., in room 366 of the ance’’ means— Dirksen Senate Office Building. States, elected or appointed officials of the (A) assistance provided under chapter 2 or United States Government, and other per- 5 of part II of the Foreign Assistance Act of The purpose of the hearing is to re- sons employed by or working on behalf of the 1961 (22 U.S.C. 2151 et seq.); or ceive testimony on the nomination of United States Government, for so long as the (B) defense articles or defense services fur- Jeffrey D. Jarrett to be Director of the United States is not a party to the Inter- nished with the financial assistance of the Office of Surface Mining Reclamation national Criminal Court. United States Government, including and Enforcement, Department of the (5) EXTRADITION.—The terms ‘‘extradition’’ through loans and guarantees, under section and ‘‘extradite’’ mean the extradition of a Interior; and Harold Craig Manson to 23 of the Arms Export Control Act (22 U.S.C. be Assistant Secretary for Fish and person in accordance with the provisions of 2763). chapter 209 of title 18, United States Code, Wildlife, Department of the Interior. (including section 3181(b) of such title) and Those wishing to submit written tes- such terms include both extradition and sur- SA 1725. Mr. CRAIG submitted an timony for the hearing record should render as those terms are defined in Article amendment intended to be proposed to send two copies of their testimony to 102 of the Rome Statute. amendment SA 1724 submitted by Mr. the Committee on Energy and Natural (6) INTERNATIONAL CRIMINAL COURT.—The HELMS and intended to be proposed to term ‘‘International Criminal Court’’ means Resources. Attn. Sam Fowler, U.S. the bill (S. 1438) to authorize appropria- Senate, Washington, DC 20510. the court established by the Rome Statute. tions for fiscal year 2002 for military (7) MAJOR NON-NATO ALLY.—The term For further information, please call ‘‘major non-NATO ally’’ means a country activities of the Department of De- Sam Fowler on 202/224–7571. that has been so designated in accordance fense, for military constructions, and with section 517 of the Foreign Assistance for defense activities of the Depart- f Act of 1961. ment of Energy, to prescribe personnel (8) PARTICIPATE IN ANY PEACEKEEPING OPER- strengths for such fiscal year for the ATION UNDER CHAPTER VI OF THE CHARTER OF Armed Forces, and for other purposes; AUTHORITY FOR COMMITTEES TO THE UNITED NATIONS OR PEACE ENFORCEMENT which was ordered to lie on the table; MEET OPERATION UNDER CHAPTER VII OF THE CHAR- TER OF THE UNITED NATIONS.—The term ‘‘par- as follows: COMMITTEE ON AGRICULTURE, NUTRITION, AND ticipate in any peacekeeping operation under On page 5, line 1, strike ‘‘vital national in- FORESTRY chapter VI of the charter of the United Na- terests’’ and insert ‘‘national security inter- Mrs. FEINSTEIN. Mr. President, I tions or peace enforcement operation under ests’’. ask unanimous consent that the Com- chapter VII of the charter of the United Na- On page 6, lines 1 and 2, strike ‘‘national mittee on Agriculture, Nutrition, and tions’’ means to assign members of the interests’’ and insert ‘‘national security in- Forestry be authorized to meet during Armed Forces of the United States to a terests’’. the session of the Senate on Wednes- United Nations military command structure On page 7, line 13, strike ‘‘an official’’ and as part of a peacekeeping operation under day, September 26, 2001. The purpose of insert ‘‘any’’. chapter VI of the charter of the United Na- this hearing will be to discuss the ad- tions or peace enforcement operation under On page 8, lines 17 and 18, strike ‘‘an offi- ministration perspective with regard to chapter VII of the charter of the United Na- cial’’ and insert ‘‘any’’. the new Federal Farm Bill. tions in which those members of the Armed On page 10, line 5, strike ‘‘national inter- The PRESIDING OFFICER. Without Forces of the United States are subject to est’’ and insert ‘‘national security inter- objection, it is so ordered. the command or operational control of one ests’’. or more foreign military officers not ap- On page 11, strike lines 3 through 9. COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS pointed in conformity with article II, section On page 11, beginning on line 14, strike 2, clause 2 of the Constitution of the United ‘‘and shall not apply’’ and all that follows Mrs. FEINSTEIN. Mr. President, I States. through ‘‘conflict’’ on line 20. ask unanimous consent that the Com- (9) PARTY TO THE INTERNATIONAL CRIMINAL On page 16, line 19, strike ‘‘national inter- mittee on Banking, Housing, and COURT.—The term ‘‘party to the Inter- ests’’ and insert ‘‘national security inter- Urban Affairs be authorized to meet national Criminal Court’’ means a govern- ests’’. during the session of the Senate on ment that has deposited an instrument of On page 18, line 14, strike ‘‘NATIONAL IN- Wednesday, September 26, 2001, to con- ratification, acceptance, approval, or acces- TEREST’’ and insert ‘‘NATIONAL SECURITY IN- sion to the Rome Statute, and has not with- duct an oversight hearing on ‘‘The Ad- TERESTS’’. drawn from the Rome Statute pursuant to ministration’s National Money Laun- On page 18, lines 18 and 19, strike ‘‘national Article 127 thereof. dering Strategy for 2001.’’ interest’’ and insert ‘‘national security in- (10) PEACEKEEPING OPERATION UNDER CHAP- The PRESIDING OFFICER. Without terests’’. TER VI OF THE CHARTER OF THE UNITED NA- objection, it is so ordered. TIONS OR PEACE ENFORCEMENT OPERATION Beginning on page 23, strike line 3 and all COMMITTEE ON ENERGY AND NATURAL UNDER CHAPTER VII OF THE CHARTER OF THE that follows through line 16 on page 24. RESOURCES UNITED NATIONS.—The term ‘‘peacekeeping On page 16 (3) strike all text under (3). operation under chapter VI of the charter of On page 26, beginning on line 8, strike Mrs. FEINSTEIN. Mr. President, I the United Nations or peace enforcement op- ‘‘other persons’’ and all that follows through ask unanimous consent that the Com- eration under chapter VII of the charter of ‘‘Court’’ on line 11 and insert ‘‘other United mittee on Energy and Natural Re- the United Nations’’ means any military op- States citizens’’. sources be authorized to meet during

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 26, 2001 CONGRESSIONAL RECORD — SENATE S9937 the session of the Senate on Wednes- mitted to file first-degree amendments will resume consideration of the DOD day, September 26, at 9:30 a.m., to con- until 1 p.m. Monday, October 1, and authorization bill on Monday at 2 p.m. duct an oversight hearing. The com- second-degree amendments until 9:45 Cloture was filed, as I just indicated, mittee will receive testimony on crit- a.m. Tuesday, October 2. on the DOD authorization bill. The clo- ical energy infrastructure security and The PRESIDING OFFICER. Without ture vote will occur on Tuesday at 10 the energy industry’s response to the objection, it is so ordered. a.m. All first-degree amendments, I re- events of September 11, 2001. Mr. REID. Mr. President, the major- peat, must be filed by 1 p.m. on Mon- The PRESIDING OFFICER. Without ity leader has been extremely patient day, and second-degree amendments objection, it is so ordered. on this Defense bill. We tried for days must be filed prior to 9:45 a.m. on Tues- COMMITTEE ON HEALTH, EDUCATION, LABOR AND to get a finite list of amendments. Two day. PENSIONS Senators held us up from doing this f and held us up from moving forward on Mrs. FEINSTEIN. Mr. President, I ADJOURNMENT UNTIL 10 A.M. a bill that deals with what this country ask unanimous consent that the com- FRIDAY, SEPTEMBER 28, 2001 mittee on Health, Education, Labor, is all about today, problems that our and Pensions be authorized to meet for military can only solve. Mr. REID. Mr. President, if there is no further business to come before the a hearing on Psychological Trauma In Nevada and all over the country, Senate, I ask unanimous consent that and Terrorism: Assuring That Ameri- Guard and Reserve units are being the Senate stand in adjournment under cans Receive the Support They Need, called up. This bill has many provi- the previous order. during the session of the Senate on sions for them. It has funds for active There being no objection, the Senate, Wednesday, September 26, 2001, at 10 duty forces, pay raises for those who at 5:09 p.m., adjourned until Friday, a.m. are on active duty, and many other September 28, 2001, at 10 a.m. The PRESIDING OFFICER. Without provisions. It is a very important bill. objection, it is so ordered. I am glad the majority leader has f made the decision to move forward f CONFIRMATIONS with invoking cloture, and we will do PRIVILEGE OF THE FLOOR that. This bill is far too important. Executive nominations confirmed by the Senate September 26, 2001: Mrs. HUTCHISON. Madam President, Ninety-eight Senators are ready to DEPARTMENT OF TRANSPORTATION I ask unanimous consent that John move forward on the legislation and two are not. It is just too bad we are JOSEPH M. CLAPP, OF NORTH CAROLINA, TO BE ADMIN- Kem, an Appropriations Committee ISTRATOR OF THE FEDERAL MOTOR CARRIER SAFETY detailee, be granted the privilege of the not today celebrating the completion ADMINISTRATION. floor during consideration of the mili- of this bill, rather than having to wait DEPARTMENT OF STATE now until next Tuesday to invoke clo- tary construction appropriations bill ROY L. AUSTIN, OF PENNSYLVANIA, TO BE AMBAS- and conference report. ture and then, as you know, the rule al- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF lows several more days if people decide THE UNITED STATES OF AMERICA TO TRINIDAD AND TO- The PRESIDING OFFICER. Without BAGO. objection, it is so ordered. to use the time. FRANKLIN PIERCE HUDDLE, JR., OF CALIFORNIA, A CA- It is too bad this has had to occur. REER MEMBER OF THE SENIOR FOREIGN SERVICE, f CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR This country is going to do everything EXTRAORDINARY AND PLENIPOTENTIARY OF THE it can to support the service men and UNITED STATES OF AMERICA TO THE REPUBLIC OF CONCLUSION OF MORNING TAJIKISTAN. BUSINESS women of this country. Invoking clo- KEVIN JOSEPH MCGUIRE, OF MARYLAND, A CAREER ture is one way we can show our sup- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF Mr. REID. Mr. President, I ask unan- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- imous consent that morning business port for this legislation. As soon as we DINARY AND PLENIPOTENTIARY OF THE UNITED STATES do that, we need to move forward and OF AMERICA TO THE REPUBLIC OF NAMIBIA. be closed. PAMELA HYDE SMITH, OF WASHINGTON, A CAREER The PRESIDING OFFICER. Without complete the legislation as quickly as MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF possible. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- objection, it is so ordered. DINARY ANDPLENIPOTENTIARY OF THE UNITED STATES f OF AMERICA TO THE REPUBLIC OF MOLDOVA. f MICHAEL E. MALINOWSKI, OF THE DISTRICT OF COLUM- ORDERS FOR FRIDAY, SEPTEMBER BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- NATIONAL DEFENSE AUTHORIZA- ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- 28, 2001, AND MONDAY, OCTOBER SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF TION ACT FOR FISCAL YEAR 1, 2001 THE UNITED STATES OF AMERICA TO THE KINGDOM OF 2002—Continued NEPAL. Mr. REID. Mr. President, I ask unan- HANS H. HERTELL, OF PUERTO RICO, TO BE AMBAS- CLOTURE MOTION SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF imous consent that when the Senate THE UNITED STATES OF AMERICA TO THE DOMINICAN Mr. REID. Mr. President, I send to completes its business today, it ad- REPUBLIC. the desk a cloture motion. JOHN J. DANILOVICH, OF CALIFORNIA, TO BE AMBAS- journ until the hour of 10 a.m. Friday, SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF The PRESIDING OFFICER. The clo- September 28, for a pro forma session, THE UNITED STATES OF AMERICA TO THE REPUBLIC OF ture motion having been presented COSTA RICA. and that following the pro forma ses- R. BARRIE WALKLEY, OF CALIFORNIA, A CAREER MEM- under rule XXII, the Chair directs the sion, the Senate stand in adjournment BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- clerk to read the motion. ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- until 12 noon, Monday, October 1. Fur- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES The legislative clerk read as follows: ther, on Monday, immediately fol- OF AMERICA TO THE REPUBLIC OF GUINEA. MATTIE R. SHARPLESS, OF NORTH CAROLINA, A CA- CLOTURE MOTION lowing the prayer and pledge, the Jour- REER MEMBER OF THE SENIOR FOREIGN SERVICE, We, the undersigned Senators, in accord- nal of proceedings be approved to date, CLASS OF CAREER MINISTER, TO BE AMBASSADOR EX- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED ance with the provisions of rule XXII of the the morning hour be deemed expired, STATES OF AMERICA TO THE CENTRAL AFRICAN REPUB- Standing Rules of the Senate, hereby move the time for the two leaders be re- LIC. to bring to a close the debate on Calendar served for their use later in the day, ARLENE RENDER, OF VIRGINIA, A CAREER MEMBER OF No. 163, S. 1438, the Department of Defense THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- and there then be a period for morning COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND authorization bill: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA John Kerry, Jon Corzine, Debbie Stabe- business until 2 p.m., with Senators TO THE REPUBLIC OF COTE D’IVOIRE. permitted to speak for up to 10 minutes JACKSON MCDONALD, OF FLORIDA, A CAREER MEMBER now, Byron Dorgan, Maria Cantwell, OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- Patty Murray, Harry Reid, Zell Miller, each. SELOR, TO BE AMBASSADOR EXTRAORDINARY AND Daniel Inouye, James Jeffords, Richard The PRESIDING OFFICER. Without PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THE GAMBIA. Durbin, Kent Conrad, Jack Reed, objection, it is so ordered. RALPH LEO BOYCE, JR., OF VIRGINIA, TO BE A CAREER Charles Schumer, Joseph Lieberman, f MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF John Edwards, Tom Daschle, Carl MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Levin. PROGRAM OF AMERICA TO THE REPUBLIC OF INDONESIA. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, as has been CLIFFORD G. BOND, OF NEW JERSEY, A CAREER MEM- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- imous consent that notwithstanding indicated, the Senate will convene on ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- rule XXII, the cloture vote on S. 1438 Friday for a pro forma session and then DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO BOSNIA AND HERZEGOVINA. occur at 10 a.m. on Tuesday, October 2, adjourn until Monday, October 1, at 12 ROCKWELL A. SCHNABEL, OF CALIFORNIA, TO BE REP- with the mandatory quorum being noon. There will be no rollcall votes on RESENTATIVE OF THE UNITED STATES OF AMERICA TO THE EUROPEAN UNION, WITH THE RANK AND STATUS OF waived; further, that Senators be per- the Monday we come back. The Senate AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY.

VerDate Mar 15 2010 03:55 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9938 CONGRESSIONAL RECORD — SENATE September 26, 2001 JOHN STERN WOLF, OF MARYLAND, A CAREER MEMBER AIR FORCE NOMINATION OF COLONEL KURT A. To be lieutenant general OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- CICHOWSKI. COUNSELOR, TO BE AN ASSISTANT SECRETARY OF AIR FORCE NOMINATION OF COLONEL MARIA I. CRIBBS. AIR FORCE NOMINATION OF MAJ. GEN. TEED M. STATE (NON-PROLIFERATION). AIR FORCE NOMINATION OF COLONEL ANDREW S. MOSELEY. KEVIN E. MOLEY, OF ARIZONA, TO BE REPRESENTA- DICHTER. TIVE OF THE UNITED STATES OF AMERICA TO THE EURO- AIR FORCE NOMINATION OF COLONEL JAN D. EAKLE. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEAN OFFICE OF THE UNITED NATIONS, WITH THE RANK AIR FORCE NOMINATION OF COLONEL DAVID M. AS VICE CHIEF OF STAFF, UNITED STATES AIR FORCE, OF AMBASSADOR. EDGINGTON. AND APPOINTMENT TO THE GRADE INDICATED WHILE KENNETH C. BRILL, OF MARYLAND, A CAREER MEMBER AIR FORCE NOMINATION OF COLONEL SILVANUS T. GIL- ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- BERT III. SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 8034: COUNSELOR, TO BE REPRESENTATIVE OF THE UNITED AIR FORCE NOMINATION OF COLONEL STEPHEN M. To be general STATES OF AMERICA TO THE INTERNATIONAL ATOMIC GOLDFEIN. ENERGY AGENCY, WITH THE RANK OF AMBASSADOR. AIR FORCE NOMINATION OF COLONEL DAVID S. GRAY. AIR FORCE NOMINATION OF LT. GEN. ROBERT H. KENNETH C. BRILL, OF MARYLAND, A CAREER MEMBER AIR FORCE NOMINATION OF COLONEL WENDELL L. GRIF- FOGLESONG. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- FIN. COUNSELOR, TO BE REPRESENTATIVE OF THE UNITED AIR FORCE NOMINATION OF COLONEL RONALD J. IN THE ARMY STATES OF AMERICA TO THE VIENNA OFFICE OF THE HAECKEL. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNITED NATIONS, WITH THE RANK OF AMBASSADOR. AIR FORCE NOMINATION OF COLONEL IRVING L. HALTER AS THE JUDGE ADVOCATE GENERAL, UNITED STATES PATRICIA DE STACY HARRISON, OF VIRGINIA, TO BE AN JR. ARMY AND FOR APPOINTMENT TO THE GRADE INDI- ASSISTANT SECRETARY OF STATE (EDUCATIONAL AND AIR FORCE NOMINATION OF COLONEL RICHARD S. HAS- CATED UNDER TITLE 10, U.S.C., SECTION 3037: CULTURAL AFFAIRS). SAN. CHARLOTTE L. BEERS, OF TEXAS, TO BE UNDER SEC- AIR FORCE NOMINATION OF COLONEL WILLIAM L. HOL- To be major general RETARY OF STATE FOR PUBLIC DIPLOMACY. LAND. AIR FORCE NOMINATION OF COLONEL GILMARY M. HOS- ARMY NOMINATION OF BRIG. GEN. THOMAS J. ROMIG. DEPARTMENT OF DEFENSE TAGE III. AIR FORCE NOMINATION OF COLONEL JAMES P. HUNT. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL PARKER, OF MISSISSIPPI, TO BE AN ASSIST- IN THE UNITED STATES ARMY TO THE GRADE INDICATED ANT SECRETARY OF THE ARMY. AIR FORCE NOMINATION OF COLONEL JOHN C. KOZIOL. AIR FORCE NOMINATION OF COLONEL WILLIAM T. LORD. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DELTA REGIONAL AUTHORITY AIR FORCE NOMINATION OF COLONEL ARTHUR B. MOR- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RILL III. P. H. JOHNSON, OF MISSISSIPPI, TO BE FEDERAL CO- To be lieutenant general AIR FORCE NOMINATION OF COLONEL LEONARD E. PAT- CHAIRPERSON, DELTA REGIONAL AUTHORITY. TERSON. ARMY NOMINATION OF MAJ. GEN. COLBY M. MISSISSIPPI RIVER COMMISSION AIR FORCE NOMINATION OF COLONEL JEFFREY A. REM- BROADWATER III. INGTON. BRIGADIER GENERAL EDWIN J. ARNOLD, JR., UNITED AIR FORCE NOMINATION OF COLONEL EDWARD A. RICE IN THE NAVY STATES ARMY, TO BE A MEMBER AND PRESIDENT OF JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE MISSISSIPPI RIVER COMMISSION, UNDER THE PRO- AIR FORCE NOMINATION OF COLONEL DAVID J. SCOTT. IN THE UNITED STATES NAVY TO THE GRADE INDICATED VISIONS OF SECTION 2 OF AN ACT OF CONGRESS, AP- AIR FORCE NOMINATION OF COLONEL WINFIELD W. UNDER TITLE 10, U.S.C., SECTION 624: PROVED JUNE 1879 (21 STAT. 37) (33 USC 642). SCOTT III. BRIGADIER GENERAL CARL A. STROCK, UNITED AIR FORCE NOMINATION OF COLONEL MARK D. To be rear admiral STATES ARMY, TO BE A MEMBER OF THE MISSISSIPPI SHACKELFORD. RIVER COMMISSION, UNDER THE PROVISIONS OF SEC- AIR FORCE NOMINATION OF COLONEL GLENN F. SPEARS. NAVY NOMINATION OF REAR ADM. (LH) JOSEPH D. TION 2 OF AN ACT OF CONGRESS, APPROVED 28 JUNE 1879 AIR FORCE NOMINATION OF COLONEL DAVID L. STRING- BURNS. (21 STAT. 37) (22 USC 642). ER. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF COLONEL HENRY L. TAYLOR. DEPARTMENT OF TRANSPORTATION IN THE UNITED STATES NAVY TO THE GRADE INDICATED AIR FORCE NOMINATION OF COLONEL RICHARD E. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MARY E. PETERS, OF ARIZONA, TO BE ADMINISTRATOR WEBBER. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: OF THE FEDERAL HIGHWAY ADMINISTRATION. AIR FORCE NOMINATION OF COLONEL ROY M. WORDEN. AIR FORCE NOMINATION OF COLONEL RONALD D. YAGGI. NUCLEAR REGULATORY COMMISSION To be vice admiral THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED NAVY NOMINATION OF VICE ADM. SCOTT A. FRY. NILS J. DIAZ, OF FLORIDA, TO BE A MEMBER OF THE STATES OFFICERS FOR APPOINTMENT IN THE RESERVE NUCLEAR REGULATORY COMMISSION FOR THE TERM OF OF THE AIR FORCE TO THE GRADES INDICATED UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FIVE YEARS EXPIRING JUNE 30, 2006. TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES NAVY TO THE GRADE INDICATED DEPARTMENT OF DEFENSE UNDER TITLE 10, U.S.C., SECTION 624: To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral AS THE VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AIR FORCE NOMINATION OF BRIGADIER GENERAL RON- NAVY NOMINATION OF REAR ADM. (LH) RAND H. FISHER. AND APPOINTMENT TO THE GRADE INDICATED WHILE ALD J. BATH. ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- AIR FORCE NOMINATION OF BRIGADIER GENERAL FRED- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 152: ERICK H. FORSTE IN THE UNITED STATES NAVY TO THE GRADE INDICATED AIR FORCE NOMINATION OF BRIGADIER GENERAL JUAN To be general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND A. GARCIA. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AIR FORCE NOMINATION OF BRIGADIER GENERAL MI- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT CHAEL J. HAUGEN. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- To be admiral AIR FORCE NOMINATION OF BRIGADIER GENERAL DAN- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY IEL JAMES III. NAVY NOMINATION OF ADM. JAMES O. ELLIS, JR. CONSTITUTED COMMITTEE OF THE SENATE. AIR FORCE NOMINATION OF BRIGADIER GENERAL STE- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VEN R. MCCAMY. DEPARTMENT OF AGRICULTURE IN THE UNITED STATES NAVY TO THE GRADE INDICATED AIR FORCE NOMINATION OF BRIGADIER GENERAL JERRY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MARK EDWARD REY, OF THE DISTRICT OF COLUMBIA, W. RAGSDALE. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TO BE UNDER SECRETARY OF AGRICULTURE FOR NAT- AIR FORCE NOMINATION OF BRIGADIER GENERAL WIL- URAL RESOURCES AND ENVIRONMENT. LIAM N. SEARCY. To be admiral ELSA A. MURANO, OF TEXAS, TO BE UNDER SECRETARY AIR FORCE NOMINATION OF BRIGADIER GENERAL GILES OF AGRICULTURE FOR FOOD SAFETY. E. VANDERHOOF NAVY NOMINATION OF VICE ADM. GREGORY G. JOHNSON. HILDA GAY LEGG, OF KENTUCKY, TO BE ADMINIS- AIR FORCE NOMINATION OF COLONEL HIGINIO S. CHA- AIR FORCE NOMINATION OF PATRICK J.* FLETCHER. TRATOR, RURAL UTILITIES SERVICE, DEPARTMENT OF VEZ. ARMY NOMINATION OF CHRISTOPHER P. AIKEN. AGRICULTURE. AIR FORCE NOMINATION OF COLONEL BARRY K. COLN. ARMY NOMINATION OF RODNEY D. MCKITRICK II. MARK EDWARD REY, OF THE DISTRICT OF COLUMBIA, AIR FORCE NOMINATION OF COLONEL ALAN L. COWLES. ARMY NOMINATION OF RANDY J. SMEENK. TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE AIR FORCE NOMINATION OF COLONEL JAMES B. ARMY NOMINATIONS BEGINNING DANIEL T. LESLIE AND COMMODITY CREDIT CORPORATION. CRAWFORD III. ENDING WILLIAM C. WILLING, WHICH NOMINATIONS EDWARD R. MCPHERSON, OF TEXAS, TO BE CHIEF FI- AIR FORCE NOMINATION OF COLONEL MARIE T. FIELD. WERE RECEIVED BY THE SENATE AND APPEARED IN NANCIAL OFFICER, DEPARTMENT OF AGRICULTURE. AIR FORCE NOMINATION OF COLONEL MANUEL A. THE CONGRESSIONAL RECORD ON SEPTEMBER 4, 2001. IN THE AIR FORCE GUZMAN. ARMY NOMINATIONS BEGINNING ANGELO RIDDICK AND AIR FORCE NOMINATION OF COLONEL ROGER P. LEMPKE. ENDING HEKYUNG L. JUNG, WHICH NOMINATIONS WERE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF COLONEL GEORGE R. RECEIVED BY THE SENATE AND APPEARED IN THE IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- NIEMANN. CONGRESSIONAL RECORD ON SEPTEMBER 4, 2001. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AIR FORCE NOMINATION OF COLONEL FRANK ARMY NOMINATIONS BEGINNING JEFFREY S. CAIN AND AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION PONTELANDOLFO JR. ENDING RYUNG SUH, WHICH NOMINATIONS WERE RE- 601: AIR FORCE NOMINATION OF COLONEL GENE L. RAMSAY. CEIVED BY THE SENATE AND APPEARED IN THE CON- AIR FORCE NOMINATION OF COLONEL TERRY L. GRESSIONAL RECORD ON SEPTEMBER 4, 2001. To be lieutenant general SCHERLING. ARMY NOMINATION OF SHAOFAN K. XU AIR FORCE NOMINATION OF LT. GEN. CHARLES F. WALD. AIR FORCE NOMINATION OF COLONEL DAVID A. ARMY NOMINATIONS BEGINNING ALBERT J ABBADESSA SPRENKLE. AND ENDING * X0000, WHICH NOMINATIONS WERE RE- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GRESSIONAL RECORD ON SEPTEMBER 10, 2001. CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ARMY NOMINATIONS BEGINNING ROGER L ARMSTEAD To be brigadier general CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ENDING CARL S YOUNG JR, WHICH NOMINATIONS AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WERE RECEIVED BY THE SENATE AND APPEARED IN AIR FORCE NOMINATION OF COLONEL WILLIAM P. ARD. 601: THE CONGRESSIONAL RECORD ON SEPTEMBER 19, 2001. AIR FORCE NOMINATION OF COLONEL ROSANNE BAILEY. MARINE CORPS NOMINATION OF RICHARD W. BRITTON. AIR FORCE NOMINATION OF COLONEL BRADLEY S. To be general MARINE CORPS NOMINATION OF SAMUEL E. FERGUSON. BAKER. AIR FORCE NOMINATION OF GEN. JOHN W. HANDY. MARINE CORPS NOMINATION OF CURTIS W. MARSH. AIR FORCE NOMINATION OF COLONEL MARK G. BEESLEY. NAVY NOMINATION OF RAYMOND E MOSES JR. AIR FORCE NOMINATION OF COLONEL TED F. BOWLDS. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NAVY NOMINATIONS BEGINNING JOHNNY R ADAMS AND AIR FORCE NOMINATION OF COLONEL JOHN T. BRENNAN. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ENDING TIMOTHY J ZIOLKOWSKI, WHICH NOMINATIONS AIR FORCE NOMINATION OF COLONEL ROGER W. BURG. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE WERE RECEIVED BY THE SENATE AND APPEARED IN AIR FORCE NOMINATION OF COLONEL PATRICK A. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE CONGRESSIONAL RECORD ON SEPTEMBER 4, 2001. BURNS. 601: NAVY NOMINATION OF SANDRA P. MORIGUCHI.

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