washington, thursday, june 28, 2001 no. 92 house of ... · u n congressional record u m e p l ri b...

Congressional RecordUN

UME PLURIBUS

United Statesof America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

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

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H3717

Vol. 147 WASHINGTON, THURSDAY, JUNE 28, 2001 No. 92

House of RepresentativesThe House met at 9 a.m.The Reverend Byron E. Powers, Sen-

ior Pastor, The Church Love is Build-ing, Church of God, Sheffield, Ohio, of-fered the following prayer:

So we pray. Almighty and GraciousGod, Your Word declares that ‘‘this isthe day that the Lord has made.’’ Werecognize this day that You have givenus, these great United States, for ourheritage. Help us to treasure and guardit. Help us, this day, always to proveourselves to be cognizant of Your favorand eager to fulfill Your awesome pur-pose in this world. Forgive us for oursin, the discord, confusion, pride, andarrogance, that hinders our relation-ship with You and one another.

In our diversity, mold us into oneunited people. Empower our leadersthis day with the spirit of wisdom, sothat righteousness, justice, and peacemay prevail and that, through obedi-ence to Your commandments, we mayshow forth Your praise among the na-tions of the Earth.

So, Heavenly Father, we ask this daythat our Nation and leaders will beblessed; that our influence will be en-larged; that Your hand would be uponus, and keep us from evil that we maynot cause pain. We pray this in YourName that is above all others. Amen.

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THE JOURNAL

The SPEAKER. The Chair has exam-ined the Journal of the last day’s pro-ceedings and announces to the Househis approval thereof.

Pursuant to clause 1, rule I, the Jour-nal stands approved.

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PLEDGE OF ALLEGIANCE

The SPEAKER. Will the gentlemanfrom Texas (Mr. HALL) come forwardand lead the House in the Pledge of Al-legiance.

Mr. HALL of Texas led the Pledge ofAllegiance as follows:

I pledge allegiance to the Flag of theUnited States of America, and to the Repub-lic for which it stands, one nation under God,indivisible, with liberty and justice for all.

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ANNOUNCEMENT BY THE SPEAKERThe SPEAKER. The gentleman from

Ohio (Mr. NEY) is recognized for 1minute. All other 1-minutes will beafter business today.

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WELCOME TO GUEST CHAPLAIN,THE REVEREND BYRON E. POWERS

(Mr. NEY asked and was given per-mission to address the House for 1minute and to revise and extend his re-marks.)

Mr. NEY. Mr. Speaker, it is my privi-lege to welcome the Honorable Rev-erend Byron E. Powers as our guestchaplain. Reverend Powers is currentlythe Senior Pastor of the Church LoveIs Building in Sheffield, Ohio, one ofthe great parishes in the region.

Reverend Powers has devoted his lifeto helping others, and previouslyserved as the senior pastor for churchesin Illinois and Florida. He has earned aBachelor of Arts in Psychology fromLee University and a Master of Arts inClinical Pastoral Counseling from Ash-land Theological Seminary. In additionto his pastoral responsibilities, he cur-rently serves as senior chaplain to theLorain Police Department. He has beenmarried for 19 years to his wifeFrankie, and they have three wonder-ful children, Sarah, Rachel and Na-than.

Reverend Powers is a leader in thecommunity. His commitment and com-passion for those less fortunate has ledhim to assist many in the area aroundSheffield while working tirelessly toserve his community and the greatState of Ohio.

It is my distinct pleasure to welcomeReverend Powers to the Congress of theUnited States and thank him for lead-ing the House in prayer.

ENERGY AND WATER DEVELOP-MENT APPROPRIATIONS ACT,2002

The SPEAKER. Pursuant to HouseResolution 180 and rule XVIII, theChair declares the House in the Com-mittee of the Whole House on the Stateof the Union for the further consider-ation of the bill, H.R. 2311.

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IN THE COMMITTEE OF THE WHOLE

Accordingly, the House resolveditself into the Committee of the WholeHouse on the State of the Union for thefurther consideration of the bill (H.R.2311) making appropriations for energyand water development for the fiscalyear ending September 30, 2002, and forother purposes, with Mr. SIMPSON inthe chair.

The Clerk read the title of the bill.The CHAIRMAN. When the Com-

mittee of the Whole House rose onWednesday, June 27, 2001, a demand fora recorded vote on the amendment of-fered by the gentleman from Michigan(Mr. BONIOR) had been postponed andthe bill was open for amendment frompage 22, line 19, through page 23, line 4.

SEQUENTIAL VOTES POSTPONED IN COMMITTEEOF THE WHOLE

The CHAIRMAN. Pursuant to clause6 of rule XVIII, proceedings will nowresume on those amendments on whichfurther proceedings were postponed inthe following order:

Amendment offered by the gentlemanfrom Colorado (Mr. TANCREDO); amend-ment No. 4 offered by the gentlemanfrom Colorado (Mr. TANCREDO); amend-ment offered by the gentleman fromNew York (Mr. HINCHEY); amendmentNo. 2 offered by the gentleman fromOhio (Mr. KUCINICH); and amendmentoffered by the gentleman from Michi-gan (Mr. BONIOR).

The Chair will reduce to 5 minutesthe time for any electronic vote afterthe first vote in this series.

CONGRESSIONAL RECORD — HOUSEH3718 June 28, 2001AMENDMENT OFFERED BY MR. TANCREDO

The CHAIRMAN. The unfinishedbusiness is the demand for a recordedvote on the amendment offered by thegentleman from Colorado (Mr.TANCREDO) on which further pro-ceedings were postponed and on whichthe noes prevailed by voice vote.

The Clerk will designate the amend-ment.

The text of the amendment is as fol-lows:

Amendment offered by Mr. TANCREDO:Page 2, line 18, after the dollar amount, in-

sert the following: ‘‘(reduced by $9,900,000)’’.Page 18, line 2, after the dollar amount, in-

sert the following: ‘‘(increased by$9,900,000)’’.

RECORDED VOTE

The CHAIRMAN. A recorded vote hasbeen demanded.

A recorded vote was ordered.The vote was taken by electronic de-

vice, and there were—ayes 39, noes 372,not voting 22, as follows:

[Roll No. 199]

AYES—39

BartlettBiggertBoswellCannonDavis, Jo AnnDeGetteDoggettEhlersFlakeGilchrestGoodeGutknechtHefley

HincheyHoltLutherMcCollumMcKinneyMoran (KS)OsbornePaulPencePickeringPittsRadanovichRamstad

RiversRoyceSchafferSensenbrennerShadeggShaysSmith (MI)SununuTancredoTerryToomeyUdall (CO)Udall (NM)

NOES—372

AbercrombieAckermanAderholtAkinAllenAndrewsArmeyBacaBachusBairdBakerBaldacciBaldwinBallengerBarciaBarrBarrettBassBecerraBentsenBereuterBerkleyBermanBerryBilirakisBishopBlagojevichBlumenauerBluntBoehlertBoehnerBoniorBonoBorskiBoucherBoydBrady (PA)Brady (TX)Brown (FL)Brown (OH)Brown (SC)BryantBurrCallahanCalvertCampCantorCapitoCapps

CapuanoCardinCarson (IN)Carson (OK)CastleChabotChamblissClayClementClyburnCobleCollinsCombestConditConyersCookseyCostelloCoxCoyneCramerCraneCrenshawCrowleyCubinCulbersonCummingsCunninghamDavis (CA)Davis (FL)Davis (IL)Davis, TomDealDeFazioDelahuntDeLauroDeLayDeMintDeutschDiaz-BalartDicksDingellDoolittleDoyleDreierDuncanDunnEdwardsEmersonEngel

EnglishEshooEtheridgeEvansEverettFarrFattahFergusonFilnerFletcherFoleyForbesFordFossellaFrankFrelinghuysenFrostGalleglyGanskeGekasGephardtGibbonsGillmorGilmanGonzalezGoodlatteGordonGossGrahamGrangerGravesGreen (TX)Green (WI)GutierrezHall (OH)Hall (TX)HansenHartHastings (FL)Hastings (WA)HayesHayworthHergerHillHillearyHilliardHinojosaHobsonHoeffel

HoekstraHoldenHondaHooleyHornHostettlerHoughtonHoyerHulshofHunterHutchinsonInsleeIsaksonIsraelIssaIstookJackson (IL)Jackson-Lee

(TX)JeffersonJenkinsJohnJohnson (CT)Johnson (IL)Johnson, E. B.Johnson, SamJones (NC)Jones (OH)KanjorskiKapturKellerKellyKennedy (MN)Kennedy (RI)KernsKildeeKilpatrickKind (WI)King (NY)KingstonKirkKleczkaKnollenbergKolbeKucinichLaFalceLaHoodLampsonLangevinLantosLargentLarsen (WA)Larson (CT)LathamLaTouretteLeeLevinLewis (CA)Lewis (GA)Lewis (KY)LinderLipinskiLoBiondoLofgrenLoweyLucas (KY)Lucas (OK)Maloney (CT)Maloney (NY)ManzulloMarkeyMascaraMathesonMatsuiMcCarthy (MO)McCarthy (NY)

McCreryMcDermottMcGovernMcHughMcInnisMcIntyreMcKeonMcNultyMeehanMeek (FL)Meeks (NY)MenendezMillender-

McDonaldMiller (FL)Miller, GaryMiller, GeorgeMinkMollohanMooreMorellaMurthaMyrickNadlerNapolitanoNealNethercuttNeyNorthupNorwoodNussleOberstarObeyOlverOrtizOseOtterOxleyPallonePascrellPastorPaynePelosiPeterson (MN)Peterson (PA)PetriPhelpsPomboPomeroyPortmanPrice (NC)Pryce (OH)QuinnRahallRangelRegulaRehbergReyesReynoldsRileyRodriguezRoemerRogers (KY)Rogers (MI)RohrabacherRos-LehtinenRossRothmanRoukemaRoybal-AllardRushRyan (WI)Ryun (KS)SaboSanchezSanders

SandlinSawyerSaxtonScarboroughSchakowskySchiffSchrockScottSessionsShawShermanSherwoodShimkusShowsShusterSimmonsSimpsonSkeenSkeltonSlaughterSmith (NJ)Smith (WA)SnyderSolisSouderSpenceSprattStarkStearnsStenholmStricklandStumpStupakSweeneyTannerTauscherTauzinTaylor (MS)Taylor (NC)Thompson (CA)Thompson (MS)ThornberryThuneThurmanTiahrtTiberiTierneyTownsTraficantTurnerUptonVelazquezViscloskyVitterWaldenWalshWampWatersWatkins (OK)Watson (CA)Watt (NC)Watts (OK)WeinerWeldon (FL)Weldon (PA)WellerWexlerWhitfieldWickerWilsonWolfWoolseyWuWynnYoung (FL)

NOT VOTING—22

BartonBonillaBurtonBuyerClaytonDooleyEhrlichGreenwood

GrucciHarmanHydeLeachMicaMoran (VA)OwensPlatts

PutnamSerranoSmith (TX)ThomasWaxmanYoung (AK)

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Messrs. LAMPSON, LARSEN ofWashington, BLAGOJEVICH,LARGENT, DAVIS of Illinois, andMALONEY of Connecticut changedtheir vote from ‘‘aye’’ to ‘‘no.’’

Mr. PICKERING and Ms. MCCOLLUMchanged their vote from ‘‘no’’ to ‘‘aye.’’

So the amendment was rejected.

The result of the vote was announcedas above recorded.

Stated against:Mr. GRUCCI. Mr. Chairman, on rollcall vote

No. 199, I was detained in traffic and was un-able to make it to the floor to vote on theTancredo amendment increasing funding forthe Department of Energy’s Renewable En-ergy Research Program, while offsetting theArmy Corps of Engineers General Investiga-tions Account. Had I been present, I wouldhave voted in the negative.

Mr. MICA. Mr. Chairman, on rollcall No.199, I was unavoidably detained. Had I beenpresent, I would have voted ‘‘no.’’

ANNOUNCEMENT BY THE CHAIRMAN

The CHAIRMAN. Pursuant to clause6 of rule XVIII, the Chair announcesthat he will reduce to a minimum of 5minutes the period of time withinwhich a vote by electronic device willbe taken on each amendment on whichthe Chair has postponed further pro-ceedings.

AMENDMENT NO. 4 OFFERED BY MR. TANCREDO

The CHAIRMAN. The unfinishedbusiness is the demand for a recordedvote on the amendment offered by thegentleman from Colorado (Mr.TANCREDO) on which further pro-ceedings were postponed and on whichthe noes prevailed by voice vote.

The Clerk will redesignate theamendment.


Amendment No. 4 offered by Mr.TANCREDO:

In title I, strike section 105 (relating toshore protection projects cost sharing).

RECORDED VOTE


A recorded vote was ordered.The CHAIRMAN. This will be a 5-

minute vote.The vote was taken by electronic de-


[Roll No. 200]

AYES—84

BaldwinBarrBartlettBassBereuterBlumenauerBryantCannonChabotClayCubinDeFazioDeGetteDeLayDoggettEshooFarrFlakeFoleyFrankGibbonsGilchrestGoodeGoodlatteGravesHayworthHefleyHill

HooleyHostettlerInsleeJohnson (CT)Johnson (IL)KellyKernsKildeeKind (WI)KolbeLargentLarsen (WA)LeeLofgrenLutherMaloney (CT)MathesonMcCollumMcGovernMcKinneyMeehanMiller, GaryMiller, GeorgeMooreMoran (KS)NealOtterPaul

PencePeterson (MN)PetriPittsRamstadRiversSaboSanchezSchafferSensenbrennerShadeggShaysShermanSmith (MI)Smith (WA)SnyderSolisStarkSununuTancredoTerryTiahrtTiberiToomeyUdall (CO)Udall (NM)UptonWaters

NOES—333

AbercrombieAckerman

AderholtAkin

AllenAndrews

CONGRESSIONAL RECORD — HOUSE H3719June 28, 2001ArmeyBacaBachusBairdBakerBaldacciBallengerBarciaBarrettBecerraBentsenBerkleyBermanBerryBiggertBilirakisBishopBlagojevichBluntBoehlertBoehnerBonillaBoniorBonoBorskiBoswellBoucherBoydBrady (PA)Brady (TX)Brown (FL)Brown (OH)Brown (SC)BurrCallahanCalvertCampCantorCapitoCappsCapuanoCardinCarson (IN)Carson (OK)CastleChamblissClaytonClementClyburnCobleCollinsCombestConditConyersCookseyCostelloCoxCoyneCramerCraneCrenshawCrowleyCulbersonCummingsCunninghamDavis (CA)Davis (FL)Davis (IL)Davis, Jo AnnDavis, TomDealDelahuntDeLauroDeMintDeutschDiaz-BalartDicksDingellDoolittleDoyleDreierDuncanDunnEdwardsEhlersEmersonEngelEnglishEtheridgeEvansEverettFattahFergusonFilnerFletcherForbesFordFossellaFrelinghuysen

FrostGalleglyGanskeGekasGephardtGillmorGilmanGonzalezGordonGossGrahamGrangerGreen (TX)Green (WI)GrucciGutierrezGutknechtHall (OH)Hall (TX)HansenHarmanHartHastings (FL)Hastings (WA)HayesHergerHillearyHilliardHincheyHinojosaHobsonHoeffelHoekstraHoldenHoltHondaHornHoughtonHoyerHulshofHunterHutchinsonHydeIsaksonIsraelIssaIstookJackson (IL)Jackson-Lee

(TX)JeffersonJenkinsJohnJohnson, E. B.Johnson, SamJones (NC)Jones (OH)KanjorskiKapturKellerKennedy (MN)Kennedy (RI)KilpatrickKing (NY)KingstonKirkKleczkaKnollenbergKucinichLaFalceLaHoodLampsonLangevinLantosLarson (CT)LathamLaTouretteLevinLewis (CA)Lewis (GA)Lewis (KY)LinderLipinskiLoBiondoLoweyLucas (KY)Lucas (OK)Maloney (NY)ManzulloMarkeyMascaraMatsuiMcCarthy (MO)McCarthy (NY)McCreryMcDermottMcHughMcInnisMcIntyre

McKeonMcNultyMeek (FL)Meeks (NY)MenendezMicaMillender-

McDonaldMiller (FL)MinkMollohanMorellaMurthaMyrickNadlerNapolitanoNethercuttNeyNorthupNorwoodNussleOberstarObeyOlverOrtizOsborneOseOxleyPallonePascrellPastorPaynePelosiPeterson (PA)PhelpsPickeringPomboPomeroyPortmanPrice (NC)Pryce (OH)QuinnRahallRangelRegulaRehbergReyesReynoldsRileyRodriguezRoemerRogers (KY)Rogers (MI)RohrabacherRos-LehtinenRossRothmanRoukemaRoybal-AllardRoyceRushRyan (WI)SandersSandlinSawyerSaxtonScarboroughSchakowskySchiffSchrockScottSerranoSessionsShawSherwoodShimkusShowsShusterSimmonsSimpsonSkeenSkeltonSlaughterSmith (NJ)SouderSpenceSprattStearnsStenholmStricklandStumpStupakSweeneyTannerTauscherTauzinTaylor (MS)Taylor (NC)Thompson (CA)

Thompson (MS)ThornberryThuneThurmanTierneyTownsTraficantTurnerVelazquezViscloskyVitter

WaldenWalshWampWatkins (OK)Watson (CA)Watt (NC)Watts (OK)WaxmanWeinerWeldon (FL)Weldon (PA)

WellerWexlerWhitfieldWickerWilsonWolfWoolseyWuWynnYoung (FL)

NOT VOTING—16

BartonBurtonBuyerDooleyEhrlichGreenwood

LeachMoran (VA)OwensPlattsPutnamRadanovich

Ryun (KS)Smith (TX)ThomasYoung (AK)

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Mr. CAMP and Mr. ROHRABACHERchanged their vote from ‘‘aye’’ to ‘‘no.’’

Mr. SHERMAN changed his votefrom ‘‘no’’ to ‘‘aye.’’

So the amendment was rejected.The result of the vote was announced

as above recorded.AMENDMENT OFFERED BY MR. HINCHEY

The CHAIRMAN. The unfinishedbusiness is the demand for a recordedvote on the amendment offered by thegentleman from New York (Mr. HIN-CHEY) on which further proceedingswere postponed and on which the noesprevailed by voice vote.



Amendment offered by Mr. HINCHEY:In title III, in the item relating to ‘‘DE-

PARTMENT OF ENERGY PROGRAMS; EN-ERGY SUPPLY’’ after the aggregate dollaramount, insert the following: ‘‘(increased by$50,000,000)’’.

In title III, in the item relating to ‘‘ATOM-IC ENERGY DEFENSE ACTIVITIES NA-TIONAL NUCLEAR SECURITY ADMINIS-TRATION; WEAPONS ACTIVITIES’’ after theaggregate dollar amount, insert the fol-lowing: ‘‘(reduced by $60,000,000)’’.

RECORDED VOTE





[Roll No. 201]

AYES—163

AckermanAllenAndrewsBacaBairdBaldacciBaldwinBarciaBarrettBassBecerraBerkleyBermanBlumenauerBoehlertBoniorBoswellBrown (FL)Brown (OH)CappsCapuanoCardinCarson (IN)Clay

ClaytonConyersCoyneCrowleyCummingsDavis (CA)Davis (FL)Davis (IL)DeFazioDeGetteDelahuntDeutschDoggettEhlersEngelEshooEvansFarrFattahFergusonFilnerFrankFrostGephardt

GonzalezGutierrezHall (OH)Hastings (FL)HilliardHincheyHinojosaHoeffelHoltHondaHooleyHoyerInsleeJackson (IL)Jackson-Lee

(TX)JeffersonJohnson (CT)Johnson (IL)Johnson, E. B.Jones (OH)KapturKellyKennedy (RI)

KildeeKilpatrickKind (WI)KleczkaKucinichLaFalceLantosLarsen (WA)Larson (CT)LeeLevinLoBiondoLofgrenLoweyLutherMaloney (NY)MarkeyMcCarthy (MO)McCarthy (NY)McCollumMcDermottMcGovernMcKinneyMcNultyMeehanMeek (FL)Meeks (NY)MenendezMillender-

McDonaldMiller, George

MinkMooreMoran (VA)MorellaNadlerNapolitanoNealOberstarObeyOlverOwensPallonePascrellPastorPaulPaynePelosiPetriPrice (NC)RahallRamstadRangelRiversRodriguezRoemerRothmanRoukemaRoybal-AllardRushSaboSanders

SawyerSchafferSchakowskyScottSensenbrennerSerranoShaysShermanSimmonsSlaughterSmith (MI)Smith (WA)SolisStarkStricklandStupakThompson (CA)TierneyTownsUdall (CO)Udall (NM)VelazquezViscloskyWatersWatson (CA)Watt (NC)WaxmanWeinerWoolseyWuWynn

NOES—258

AbercrombieAderholtAkinArmeyBachusBakerBallengerBarrBartlettBentsenBereuterBerryBiggertBilirakisBishopBlagojevichBluntBoehnerBonillaBonoBorskiBoucherBoydBrady (PA)Brady (TX)Brown (SC)BryantBurrCallahanCalvertCampCannonCantorCapitoCarson (OK)CastleChabotChamblissClementClyburnCobleCollinsCombestConditCookseyCostelloCoxCramerCraneCrenshawCubinCulbersonCunninghamDavis, Jo AnnDavis, TomDealDeLauroDeLayDeMintDiaz-BalartDicksDingellDoolittleDoyleDreierDuncan

DunnEdwardsEmersonEnglishEtheridgeEverettFlakeFletcherFoleyForbesFordFossellaFrelinghuysenGalleglyGanskeGekasGibbonsGilchrestGillmorGilmanGoodeGoodlatteGordonGossGrahamGrangerGravesGreen (TX)Green (WI)GreenwoodGrucciGutknechtHall (TX)HansenHarmanHartHastings (WA)HayesHayworthHefleyHergerHillHillearyHobsonHoekstraHoldenHornHostettlerHoughtonHulshofHunterHutchinsonHydeIsaksonIsraelIssaIstookJenkinsJohnJohnson, SamJones (NC)KanjorskiKellerKennedy (MN)KernsKing (NY)

KingstonKirkKnollenbergKolbeLaHoodLampsonLangevinLargentLathamLaTouretteLewis (CA)Lewis (GA)Lewis (KY)LinderLipinskiLucas (KY)Lucas (OK)Maloney (CT)ManzulloMascaraMathesonMatsuiMcCreryMcHughMcInnisMcIntyreMcKeonMicaMiller (FL)Miller, GaryMollohanMoran (KS)MurthaMyrickNethercuttNeyNorthupNorwoodNussleOrtizOsborneOseOtterOxleyPencePeterson (MN)Peterson (PA)PhelpsPickeringPittsPomboPomeroyPortmanPryce (OH)QuinnRegulaRehbergReyesReynoldsRileyRogers (KY)Rogers (MI)RohrabacherRos-LehtinenRossRoyce

CONGRESSIONAL RECORD — HOUSEH3720 June 28, 2001Ryan (WI)Ryun (KS)SanchezSandlinSaxtonScarboroughSchiffSchrockSessionsShadeggShawSherwoodShimkusShowsShusterSimpsonSkeenSkeltonSmith (NJ)Snyder

SouderSpenceSprattStearnsStenholmStumpSununuSweeneyTancredoTannerTauscherTauzinTaylor (MS)Taylor (NC)TerryThompson (MS)ThornberryThuneThurmanTiahrt

TiberiToomeyTraficantTurnerUptonVitterWaldenWalshWampWatkins (OK)Watts (OK)Weldon (FL)Weldon (PA)WellerWexlerWhitfieldWickerWilsonWolfYoung (FL)

NOT VOTING—12

BartonBurtonBuyerDooley

EhrlichLeachPlattsPutnam

RadanovichSmith (TX)ThomasYoung (AK)

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Mr. PASTOR changed his vote from‘‘no’’ to ‘‘aye.’’


as above recorded.AMENDMENT NO. 2 OFFERED BY MR. KUCINICH

The CHAIRMAN. The unfinishedbusiness is the demand for a recordedvote on amendment No. 2 offered bythe gentleman from Ohio (Mr.KUCINICH), on which further pro-ceedings were postponed and on whichthe noes prevailed by a voice vote.

The Clerk will redesignate theamendment.


Amendment No. 2 offered by Mr. KUCINICH:In title III, in the item relating to ‘‘WEAP-

ONS ACTIVITIES,’’ after aggregate dollaramount, insert the following; ‘‘(reduced by$112,500,000)’’.

In title III, in the item relating to ‘‘DE-FENSE NUCLEAR NONPROLIFERATIONS’’, afterthe aggregate dollar amount, insert the fol-lowing: ‘‘(increased by $66,000,000)’’.

RECORDED VOTE





[Roll No. 202]

AYES—91

AllenAndrewsBairdBaldacciBaldwinBarrettBlumenauerBoniorBrown (OH)Carson (IN)ClayConyersCummingsDavis (IL)DeFazioDeGetteDeutschDoggettEshooEvansFarrFattahFerguson

FilnerFrankHilliardHincheyHondaHooleyJackson (IL)Jones (OH)KapturKennedy (RI)KildeeKind (WI)KleczkaKucinichLaFalceLantosLeeLevinLoBiondoLutherMaloney (NY)MarkeyMcCarthy (MO)

McCollumMcDermottMcGovernMcKinneyMcNultyMeehanMiller, GeorgeMinkMooreMoran (VA)NadlerNealNeyOberstarObeyOlverOwensPallonePaulPaynePelosiRahallRangel

RiversRothmanRushRyan (WI)SaboSandersSawyerSchakowsky

SerranoSmith (NJ)Smith (WA)StarkStricklandTiberiTierneyToomey

Udall (CO)VelazquezWatersWeinerWoolseyWu

NOES—331

AbercrombieAckermanAderholtAkinArmeyBacaBachusBakerBallengerBarciaBarrBartlettBassBecerraBentsenBereuterBerkleyBermanBerryBiggertBilirakisBishopBlagojevichBluntBoehlertBoehnerBonillaBonoBorskiBoswellBoucherBoydBrady (PA)Brady (TX)Brown (FL)Brown (SC)BryantBurrBuyerCallahanCalvertCampCannonCantorCapitoCappsCapuanoCardinCarson (OK)CastleChabotChamblissClaytonClementClyburnCobleCollinsCombestConditCookseyCostelloCoxCoyneCramerCraneCrenshawCrowleyCubinCulbersonCunninghamDavis (CA)Davis (FL)Davis, Jo AnnDavis, TomDealDelahuntDeLauroDeLayDeMintDiaz-BalartDicksDingellDooleyDoolittleDoyleDreierDuncanDunnEdwards

EhlersEmersonEngelEnglishEtheridgeEverettFlakeFletcherFoleyForbesFordFossellaFrelinghuysenFrostGalleglyGanskeGekasGephardtGibbonsGilchrestGillmorGilmanGonzalezGoodeGoodlatteGordonGossGrahamGrangerGravesGreen (TX)Green (WI)GreenwoodGrucciGutierrezGutknechtHall (OH)Hall (TX)HansenHarmanHartHastings (FL)Hastings (WA)HayesHayworthHefleyHergerHillHillearyHinojosaHobsonHoeffelHoekstraHoldenHoltHornHostettlerHoughtonHoyerHulshofHunterHutchinsonHydeInsleeIsaksonIsraelIssaIstookJackson-Lee

(TX)JeffersonJenkinsJohnJohnson (CT)Johnson (IL)Johnson, E. B.Johnson, SamJones (NC)KanjorskiKellerKellyKennedy (MN)KernsKilpatrickKing (NY)KingstonKirkKnollenbergKolbe

LaHoodLampsonLangevinLargentLarsen (WA)Larson (CT)LathamLaTouretteLewis (CA)Lewis (GA)Lewis (KY)LinderLipinskiLofgrenLoweyLucas (KY)Lucas (OK)Maloney (CT)ManzulloMascaraMathesonMatsuiMcCarthy (NY)McCreryMcHughMcInnisMcIntyreMcKeonMeek (FL)Meeks (NY)MenendezMicaMillender-

McDonaldMiller (FL)Miller, GaryMollohanMoran (KS)MorellaMurthaMyrickNapolitanoNethercuttNorthupNorwoodNussleOrtizOsborneOseOtterOxleyPascrellPastorPencePeterson (MN)Peterson (PA)PetriPhelpsPickeringPittsPomboPomeroyPortmanPrice (NC)Pryce (OH)QuinnRamstadRegulaRehbergReyesReynoldsRileyRodriguezRoemerRogers (KY)Rogers (MI)RohrabacherRossRoukemaRoybal-AllardRoyceRyun (KS)SanchezSandlinSaxtonScarboroughSchafferSchiffSchrock

ScottSensenbrennerSessionsShadeggShawShaysShermanSherwoodShimkusShowsShusterSimmonsSimpsonSkeenSkeltonSlaughterSmith (MI)SnyderSolisSouderSpenceSpratt

StearnsStenholmStumpStupakSununuSweeneyTancredoTannerTauscherTauzinTaylor (MS)Taylor (NC)TerryThompson (CA)Thompson (MS)ThornberryThuneThurmanTiahrtTownsTraficantTurner

Udall (NM)UptonViscloskyVitterWaldenWalshWampWatkins (OK)Watson (CA)Watt (NC)Watts (OK)WaxmanWeldon (FL)Weldon (PA)WellerWexlerWhitfieldWickerWilsonWolfWynnYoung (FL)

NOT VOTING—11

BartonBurtonEhrlichLeach

PlattsPutnamRadanovichRos-Lehtinen

Smith (TX)ThomasYoung (AK)

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Mrs. KELLY changed her vote from‘‘aye’’ to ‘‘no.’’

Mr. KIND and Mr. FRANK changedtheir vote from ‘‘no’’ to ‘‘aye.’’


as above recorded.

PERSONAL EXPLANATION

Mr. EHRLICH. Mr. Chairman, on rollcallNos. 199, 200, 201, and 202, I was unable tovote. Had I been present, I would have voted‘‘no’’ on all four.

AMENDMENT OFFERED BY MR. BONIOR

The CHAIRMAN. The unfinishedbusiness is the demand for a recordedvote on the amendment offered by thegentleman from Michigan (Mr.BONIOR), on which further proceedingswere postponed, and which the ayesprevailed by voice vote.



Amendment offered by Mr. BONIOR:At the end of the bill, insert after the last

section (preceding the short title) the fol-lowing new section:

SEC. . No funds provided in this Act maybe expended to issue any permit or other au-thorization under section 10 of the Riversand Harbors Appropriation Act of 1899 (33U.S.C. 403), or to issue any other lease, li-cense, permit, approval, or right-of-way, forany drilling to extract or explore for oil orgas from the land beneath the water in anyof Lake Huron, Lake Ontario, Lake Michi-gan, Lake Erie, Lake Superior, Lake SaintClair, the Saint Mary’s River, the SaintClair River, the Detroit River, the NiagaraRiver, or the Saint Lawrence River fromLake Ontario to the 45th parallel of latitude.

RECORDED VOTE





CONGRESSIONAL RECORD — HOUSE H3721June 28, 2001[Roll No. 203]

AYES—265

AbercrombieAckermanAllenAndrewsBacaBachusBairdBaldacciBaldwinBarciaBarrettBartlettBecerraBerkleyBermanBerryBiggertBilirakisBishopBlagojevichBlumenauerBoehlertBoniorBorskiBoswellBoucherBoydBrady (PA)Brown (FL)Brown (OH)Brown (SC)CampCapitoCappsCapuanoCardinCarson (IN)CastleChabotClayClaytonClementClyburnConditConyersCostelloCoyneCramerCrowleyCummingsDavis (CA)Davis (FL)Davis (IL)Davis, Jo AnnDavis, TomDeFazioDeGetteDelahuntDeLauroDeutschDiaz-BalartDicksDingellDoggettDooleyDoyleEhlersEhrlichEngelEnglishEshooEtheridgeEvansFarrFattahFergusonFilnerFoleyFordFossellaFrankFrostGanskeGephardtGilchrestGillmorGilmanGonzalezGordon

GossGreen (WI)GreenwoodGutierrezGutknechtHall (OH)HarmanHastings (FL)HillHillearyHilliardHincheyHinojosaHoeffelHoekstraHoldenHoltHondaHooleyHoyerHutchinsonHydeInsleeIsaksonIsraelJackson (IL)Jackson-Lee

(TX)Johnson (CT)Johnson (IL)Johnson, E. B.Jones (NC)Jones (OH)KanjorskiKapturKellyKennedy (MN)Kennedy (RI)KildeeKilpatrickKind (WI)KirkKleczkaKucinichLaFalceLaHoodLangevinLantosLarsen (WA)Larson (CT)LaTouretteLeeLevinLewis (GA)LipinskiLoBiondoLofgrenLoweyLucas (KY)LutherMaloney (CT)Maloney (NY)MarkeyMascaraMathesonMatsuiMcCarthy (MO)McCarthy (NY)McCollumMcDermottMcGovernMcHughMcInnisMcIntyreMcKinneyMcNultyMeehanMeek (FL)Meeks (NY)MenendezMillender-

McDonaldMiller, GeorgeMinkMooreMoran (VA)MorellaNadlerNapolitano

NealNeyNussleOberstarObeyOlverOrtizOseOwensPallonePascrellPastorPaynePelosiPeterson (MN)PetriPhelpsPomeroyPortmanPrice (NC)QuinnRahallRamstadRangelRegulaReyesReynoldsRiversRodriguezRoemerRossRothmanRoukemaRoybal-AllardRushRyan (WI)SaboSanchezSandersSawyerScarboroughSchakowskySchiffScottSensenbrennerSerranoShawShaysShermanSimmonsSkeltonSlaughterSmith (NJ)SnyderSolisSprattStarkStearnsStricklandStupakSweeneyTannerTauscherThompson (CA)Thompson (MS)ThurmanTierneyTownsTraficantUdall (CO)Udall (NM)UptonVelazquezViscloskyWalshWampWatersWatson (CA)Watt (NC)WaxmanWeinerWeldon (FL)WellerWexlerWilsonWoolseyWuWynnYoung (FL)

NOES—157

AderholtAkinArmeyBakerBallenger

BarrBassBentsenBereuterBlunt

BoehnerBonillaBonoBrady (TX)Bryant

BurrBuyerCallahanCalvertCannonCantorCarson (OK)ChamblissCobleCollinsCombestCookseyCoxCraneCrenshawCubinCulbersonCunninghamDealDeLayDeMintDoolittleDreierDuncanDunnEdwardsEmersonEverettFlakeForbesFrelinghuysenGalleglyGekasGibbonsGoodeGoodlatteGrahamGrangerGravesGreen (TX)GrucciHall (TX)HansenHartHastings (WA)HayesHayworthHefley

HergerHobsonHornHostettlerHoughtonHulshofHunterIssaIstookJeffersonJenkinsJohnJohnson, SamKellerKernsKing (NY)KingstonKnollenbergKolbeLampsonLargentLathamLewis (CA)Lewis (KY)LinderLucas (OK)ManzulloMcCreryMcKeonMicaMiller (FL)Miller, GaryMollohanMoran (KS)MurthaMyrickNethercuttNorthupNorwoodOsborneOtterOxleyPaulPencePeterson (PA)PickeringPittsPombo

Pryce (OH)RehbergRileyRogers (KY)Rogers (MI)RohrabacherRoyceRyun (KS)SandlinSaxtonSchafferSchrockSessionsShadeggSherwoodShimkusShowsShusterSimpsonSkeenSmith (MI)Smith (WA)SouderSpenceStenholmStumpSununuTancredoTauzinTaylor (MS)Taylor (NC)TerryThornberryThuneTiahrtTiberiToomeyTurnerVitterWaldenWatkins (OK)Watts (OK)Weldon (PA)WhitfieldWickerWolf

NOT VOTING—11

BartonBurtonFletcherLeach

PlattsPutnamRadanovichRos-Lehtinen

Smith (TX)ThomasYoung (AK)

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So the amendment was agreed to.The result of the vote was announced

as above recorded.The CHAIRMAN. Pursuant to the

order of the House of Wednesday, June27, 2001, no further amendments to thebill shall be in order except the fol-lowing amendments, which may be of-fered only by the Member designated inthe request, or a designee, shall be con-sidered as read, shall be debatable forthe time specified, equally divided andcontrolled by the proponent and an op-ponent, shall not be subject to amend-ment, and shall not be subject to a de-mand for a division of the question:

The amendment by the gentlemanfrom Ohio, Mr. TRAFICANT, regardingdrilling, for 20 minutes;

The amendment by the gentlewomanfrom Nevada, Ms. BERKLEY, regardingnuclear waste, for 20 minutes;

The amendment by the gentlemanfrom Ohio, Mr. TRAFICANT, regardingBuy American, for 10 minutes;

The amendment by the gentlewomanfrom Texas, Ms. EDDIE BERNICE JOHN-SON, regarding bio/environmental re-search, for 10 minutes;

The amendment by the gentlewomanfrom New York, Mrs. KELLY, regardingthe Nuclear Regulatory CommissionInspector General salaries and ex-penses, for 10 minutes; and

The amendment by the gentlemanfrom Florida, Mr. DAVIS, regarding theGulf Stream natural gas pipeline, for 60minutes.

Mr. CALLAHAN. Mr. Chairman, I askunanimous consent that the remainderof the bill through page 39, line 18, beconsidered as read, printed in theRECORD, and open to amendment atany time.

The CHAIRMAN. Is there objectionto the request of the gentleman fromAlabama?

Mr. VISCLOSKY. Mr. Chairman, re-serving the right to object, my under-standing is that will still limit the uni-verse to those amendments announcedby the chairman, with the same timelimits. It will not open it up to anynew amendments.

Mr. CALLAHAN. Mr. Chairman, willthe gentleman yield?

Mr. VISCLOSKY. I yield to the gen-tleman from Alabama.

Mr. CALLAHAN. Mr. Chairman, thegentleman is correct.

The CHAIRMAN. Is there objectionto the request of the gentleman fromAlabama?

There was no objection.The text of the remainder of the bill

through page 39, line 18, is as follows:DEFENSE NUCLEAR NONPROLIFERATION

For Department of Energy expenses, in-cluding the purchase, construction and ac-quisition of plant and capital equipment andother incidental expenses necessary foratomic energy defense, defense nuclear non-proliferation activities, in carrying out thepurposes of the Department of Energy Orga-nization Act (42 U.S.C. 7101 et seq.), includ-ing the acquisition or condemnation of anyreal property or any facility or for plant orfacility acquisition, construction, or expan-sion, $845,341,000, to remain available untilexpended.

NAVAL REACTORSFor Department of Energy expenses nec-

essary for naval reactors activities to carryout the Department of Energy OrganizationAct (42 U.S.C. 7101 et seq.), including the ac-quisition (by purchase, condemnation, con-struction, or otherwise) of real property,plant, and capital equipment, facilities, andfacility expansion, $688,045,000, to remainavailable until expended.

OFFICE OF THE ADMINISTRATORFor necessary expenses of the Office of the

Administrator of the National Nuclear Secu-rity Administration, including official recep-tion and representation expenses (not to ex-ceed $12,000), $10,000,000, to remain availableuntil expended.ENVIRONMENTAL AND OTHER DEFENSE

ACTIVITIESDEFENSE ENVIRONMENTAL RESTORATION AND

WASTE MANAGEMENTFor Department of Energy expenses, in-

cluding the purchase, construction and ac-quisition of plant and capital equipment andother expenses necessary for atomic energydefense environmental restoration and wastemanagement activities in carrying out thepurposes of the Department of Energy Orga-nization Act (42 U.S.C. 7101 et seq.), includ-ing the acquisition or condemnation of anyreal property or any facility or for plant orfacility acquisition, construction, or expan-sion; and the purchase of not to exceed 30passenger motor vehicles, of which 27 shallbe for replacement only, $5,174,539,000, to re-main available until expended.

CONGRESSIONAL RECORD — HOUSEH3722 June 28, 2001DEFENSE FACILITIES CLOSURE PROJECTS

For expenses of the Department of Energyto accelerate the closure of defense environ-mental management sites, including the pur-chase, construction and acquisition of plantand capital equipment and other necessaryexpenses, $1,092,878,000, to remain availableuntil expended.

DEFENSE ENVIRONMENTAL MANAGEMENTPRIVATIZATION

For Department of Energy expenses forprivatization projects necessary for atomicenergy defense environmental managementactivities authorized by the Department ofEnergy Organization Act (42 U.S.C. 7101 etseq.), $143,208,000, to remain available untilexpended.

OTHER DEFENSE ACTIVITIESFor Department of Energy expenses, in-

cluding the purchase, construction and ac-quisition of plant and capital equipment andother expenses necessary for atomic energydefense, other defense activities, in carryingout the purposes of the Department of En-ergy Organization Act (42 U.S.C. 7101 et seq.),including the acquisition or condemnation ofany real property or any facility or for plantor facility acquisition, construction, or ex-pansion, $487,464,000, to remain availableuntil expended.

DEFENSE NUCLEAR WASTE DISPOSALFor nuclear waste disposal activities to

carry out the purposes of Public Law 97–425,as amended, including the acquisition of realproperty or facility construction or expan-sion, $310,000,000, to remain available untilexpended.POWER MARKETING ADMINISTRATIONSBONNEVILLE POWER ADMINISTRATION FUNDExpenditures from the Bonneville Power

Administration Fund, established pursuantto Public Law 93–454, are approved for offi-cial reception and representation expenses inan amount not to exceed $1,500.

During fiscal year 2002, no new direct loanobligations may be made.OPERATION AND MAINTENANCE, SOUTHEASTERN

POWER ADMINISTRATIONFor necessary expenses of operation and

maintenance of power transmission facilitiesand of marketing electric power and energy,including transmission wheeling and ancil-lary services, pursuant to the provisions ofsection 5 of the Flood Control Act of 1944 (16U.S.C. 825s), as applied to the southeasternpower area, $4,891,000, to remain availableuntil expended; in addition, notwithstandingthe provisions of 31 U.S.C. 3302, up to$8,000,000 collected by the SoutheasternPower Administration pursuant to the FloodControl Act to recover purchase power andwheeling expenses shall be credited to thisaccount as offsetting collections, to remainavailable until expended for the sole purposeof making purchase power and wheeling ex-penditures.

OPERATION AND MAINTENANCE,SOUTHWESTERN POWER ADMINISTRATION

For necessary expenses of operation andmaintenance of power transmission facilitiesand of marketing electric power and energy,and for construction and acquisition oftransmission lines, substations and appur-tenant facilities, and for administrative ex-penses, including official reception and rep-resentation expenses in an amount not to ex-ceed $1,500 in carrying out the provisions ofsection 5 of the Flood Control Act of 1944 (16U.S.C. 825s), as applied to the southwesternpower area, $28,038,000, to remain availableuntil expended; in addition, notwithstandingthe provisions of 31 U.S.C. 3302, not to exceed$5,200,000 in reimbursements, to remainavailable until expended: Provided, That up

to $1,512,000 collected by the SouthwesternPower Administration pursuant to the FloodControl Act to recover purchase power andwheeling expenses shall be credited to thisaccount as offsetting collections, to remainavailable until expended for the sole purposeof making purchase power and wheeling ex-penditures.CONSTRUCTION, REHABILITATION, OPERATION

AND MAINTENANCE, WESTERN AREA POWERADMINISTRATIONFor carrying out the functions authorized

by title III, section 302(a)(1)(E) of the Act ofAugust 4, 1977 (42 U.S.C. 7152), and other re-lated activities including conservation andrenewable resources programs as authorized,including official reception and representa-tion expenses in an amount not to exceed$1,500, $172,165,000, to remain available untilexpended, of which $166,651,000 shall be de-rived from the Department of the InteriorReclamation Fund: Provided, That of theamount herein appropriated, $1,227,000 is fordeposit into the Utah Reclamation Mitiga-tion and Conservation Account pursuant totitle IV of the Reclamation Projects Author-ization and Adjustment Act of 1992: Providedfurther, That up to $152,624,000 collected bythe Western Area Power Administration pur-suant to the Flood Control Act of 1944 andthe Reclamation Project Act of 1939 to re-cover purchase power and wheeling expensesshall be credited to this account as offsettingcollections, to remain available until ex-pended for the sole purpose of making pur-chase power and wheeling expenditures.

FALCON AND AMISTAD OPERATING ANDMAINTENANCE FUND

For operation, maintenance, and emer-gency costs for the hydroelectric facilities atthe Falcon and Amistad Dams, $2,663,000, toremain available until expended, and to bederived from the Falcon and Amistad Oper-ating and Maintenance Fund of the WesternArea Power Administration, as provided insection 423 of the Foreign Relations Author-ization Act, Fiscal Years 1994 and 1995.

FEDERAL ENERGY REGULATORY COMMISSIONSALARIES AND EXPENSES

For necessary expenses of the Federal En-ergy Regulatory Commission to carry outthe provisions of the Department of EnergyOrganization Act (42 U.S.C. 7101 et seq.), in-cluding services as authorized by 5 U.S.C.3109, the hire of passenger motor vehicles,and official reception and representation ex-penses (not to exceed $3,000), $181,155,000, toremain available until expended: Provided,That notwithstanding any other provision oflaw, not to exceed $181,155,000 of revenuesfrom fees and annual charges, and otherservices and collections in fiscal year 2002shall be retained and used for necessary ex-penses in this account, and shall remainavailable until expended: Provided further,That the sum herein appropriated from theGeneral Fund shall be reduced as revenuesare received during fiscal year 2002 so as toresult in a final fiscal year 2002 appropria-tion from the General Fund estimated at notmore than $0: Provided further, That none ofthe funds made available to the Federal En-ergy Regulatory Commission in this or anyother Act may be used to authorize construc-tion of the Gulfstream Natural Gas Project.

GENERAL PROVISIONSDEPARTMENT OF ENERGY

SEC. 301. (a) None of the funds appropriatedby this Act may be used to award a manage-ment and operating contract, or award a sig-nificant extension or expansion to an exist-ing management and operating contract, un-less such contract is awarded using competi-tive procedures or the Secretary of Energygrants, on a case-by-case basis, a waiver to

allow for such a deviation. The Secretarymay not delegate the authority to grantsuch a waiver.

(b) At least 60 days before a contract awardfor which the Secretary intends to grantsuch a waiver, the Secretary shall submit tothe Subcommittees on Energy and Water De-velopment of the Committees on Appropria-tions of the House of Representatives andthe Senate a report notifying the Sub-committees of the waiver and setting forth,in specificity, the substantive reasons whythe Secretary believes the requirement forcompetition should be waived for this par-ticular award.

SEC. 302. None of the funds appropriated bythis Act may be used to—

(1) develop or implement a workforce re-structuring plan that covers employees ofthe Department of Energy; or

(2) provide enhanced severance paymentsor other benefits for employees of the De-partment of Energy,under section 3161 of the National DefenseAuthorization Act for Fiscal Year 1993 (Pub-lic Law 102–484; 42 U.S.C. 7274h).

SEC. 303. None of the funds appropriated bythis Act may be used to augment the$21,900,000 made available for obligation bythis Act for severance payments and otherbenefits and community assistance grantsunder section 3161 of the National DefenseAuthorization Act for Fiscal Year 1993 (Pub-lic Law 102–484; 42 U.S.C. 7274h) unless theDepartment of Energy submits a reprogram-ming request subject to approval by the ap-propriate Congressional committees.

SEC. 304. None of the funds appropriated bythis Act may be used to prepare or initiateRequests For Proposals (RFPs) for a pro-gram if the program has not been funded byCongress.

(TRANSFERS OF UNEXPENDED BALANCES)

SEC. 305. The unexpended balances of priorappropriations provided for activities in thisAct may be transferred to appropriation ac-counts for such activities established pursu-ant to this title. Balances so transferred maybe merged with funds in the applicable estab-lished accounts and thereafter may be ac-counted for as one fund for the same time pe-riod as originally enacted.

SEC. 306. None of the funds in this or anyother Act for the Administrator of the Bon-neville Power Administration may be used toenter into any agreement to perform energyefficiency services outside the legally de-fined Bonneville service territory, with theexception of services provided internation-ally, including services provided on a reim-bursable basis, unless the Administrator cer-tifies in advance that such services are notavailable from private sector businesses.

SEC. 307. None of the funds appropriated inother than Energy and Water DevelopmentAppropriations Acts may be used for Depart-ment of Energy laboratory directed researchand development (LDRD).

SEC. 308. Not later than March 31, 2002, theSecretary of Energy, after consultation withthe Nuclear Regulatory Commission and theOccupational Safety and Health Administra-tion, shall transmit to the Committee on Ap-propriations, the Committee on Energy andCommerce, and the Committee on Educationand the Workforce of the House of Rep-resentatives, and to the Committee on Ap-propriations, the Committee on Energy andNatural Resources, the Committee on Envi-ronment and Public Works, and the Com-mittee on Health, Education, Labor, andPensions of the Senate, a report containingan implementation plan for the transfer, onOctober 1, 2002—

(1) from the Department of Energy to theNuclear Regulatory Commission of regu-latory authority over nuclear safety at the

CONGRESSIONAL RECORD — HOUSE H3723June 28, 2001Department of Energy’s science laboratories;and

(2) from the Department of Energy to theOccupational Safety and Health Administra-tion of regulatory authority over workersafety at such laboratories.Out of funds appropriated by this Act for En-vironment, Safety, and Health, the Sec-retary of Energy shall transfer $4,000,000 tothe Nuclear Regulatory Commission and$120,000 to the Occupational Safety andHealth Administration. For purposes of thissection, the Department of Energy’s sciencelaboratories are the Argonne National Lab-oratory, the Brookhaven National Labora-tory, the Lawrence Berkeley National Lab-oratory, the Oak Ridge National Laboratory,the Pacific Northwest National Laboratory,the Ames Laboratory, the Fermi NationalAccelerator Laboratory, the Princeton Plas-ma Physics Laboratory, the Stanford LinearAccelerator Center, and the Thomas Jeffer-son National Accelerator Facility.

SEC. 309. When the Department of Energymakes a user facility available to univer-sities and other potential users, or seeksinput from universities and other potentialusers regarding significant characteristics orequipment in a user facility or a proposeduser facility, the Department shall ensurebroad public notice of such availability orsuch need for input to universities and otherpotential users. When the Department of En-ergy considers the participation of a univer-sity or other potential user in the establish-ment or operation of a user facility, the De-partment shall employ full and open com-petition in selecting such a participant. Forpurposes of this section, the term ‘‘user fa-cility’’ includes, but is not limited to: a userfacility as described in section 2203(a)(2) ofthe Energy Policy Act of 1992 (42 U.S.C.13503(a)(2)); a National Nuclear Security Ad-ministration Defense Programs TechnologyDeployment Center/User Facility; and anyother Department facility designated by theDepartment as a user facility.

TITLE IVINDEPENDENT AGENCIES

APPALACHIAN REGIONAL COMMISSIONFor expenses necessary to carry out the

programs authorized by the Appalachian Re-gional Development Act of 1965, as amendednotwithstanding section 405 of said Act, and,for necessary expenses for the Federal Co-Chairman and the alternate on the Appa-lachian Regional Commission, for paymentof the Federal share of the administrativeexpenses of the Commission, including serv-ices as authorized by 5 U.S.C. 3109, and hireof passenger motor vehicles, $71,290,000, toremain available until expended.DEFENSE NUCLEAR FACILITIES SAFETY

BOARDSALARIES AND EXPENSES

For necessary expenses of the Defense Nu-clear Facilities Safety Board in carrying outactivities authorized by the Atomic EnergyAct of 1954, as amended by Public Law 100–456, section 1441, $18,500,000, to remain avail-able until expended.

NUCLEAR REGULATORY COMMISSIONSALARIES AND EXPENSES

For necessary expenses of the Commissionin carrying out the purposes of the EnergyReorganization Act of 1974, as amended, andthe Atomic Energy Act of 1954, as amended,including official representation expenses(not to exceed $15,000), and purchase of pro-motional items for use in the recruitment ofindividuals for employment, $516,900,000, toremain available until expended: Provided,That of the amount appropriated herein,$23,650,000 shall be derived from the NuclearWaste Fund: Provided further, That revenuesfrom licensing fees, inspection services, andother services and collections estimated at$473,520,000 in fiscal year 2002 shall be re-

tained and used for necessary salaries andexpenses in this account, notwithstanding 31U.S.C. 3302, and shall remain available untilexpended: Provided further, That the sumherein appropriated shall be reduced by theamount of revenues received during fiscalyear 2002 so as to result in a final fiscal year2002 appropriation estimated at not morethan $43,380,000.

OFFICE OF INSPECTOR GENERALFor necessary expenses of the Office of In-

spector General in carrying out the provi-sions of the Inspector General Act of 1978, asamended, $6,180,000, to remain available untilexpended: Provided, That revenues from li-censing fees, inspection services, and otherservices and collections estimated at$5,933,000 in fiscal year 2002 shall be retainedand be available until expended, for nec-essary salaries and expenses in this accountnotwithstanding 31 U.S.C. 3302: Provided fur-ther, That the sum herein appropriated shallbe reduced by the amount of revenues re-ceived during fiscal year 2002 so as to resultin a final fiscal year 2002 appropriation esti-mated at not more than $247,000.

NUCLEAR WASTE TECHNICAL REVIEWBOARD

SALARIES AND EXPENSESFor necessary expenses of the Nuclear

Waste Technical Review Board, as author-ized by Public Law 100–203, section 5051,$3,100,000, to be derived from the NuclearWaste Fund, and to remain available untilexpended.

TITLE VGENERAL PROVISIONS

SEC. 501. None of the funds appropriated bythis Act may be used in any way, directly orindirectly, to influence congressional actionon any legislation or appropriation matterspending before Congress, other than to com-municate to Members of Congress as de-scribed in 18 U.S.C. 1913.

SEC. 502. (a) PURCHASE OF AMERICAN-MADEEQUIPMENT AND PRODUCTS.—It is the sense ofthe Congress that, to the greatest extentpracticable, all equipment and products pur-chased with funds made available in this Actshould be American-made.

(b) NOTICE REQUIREMENT.—In providing fi-nancial assistance to, or entering into anycontract with, any entity using funds madeavailable in this Act, the head of each Fed-eral agency, to the greatest extent prac-ticable, shall provide to such entity a noticedescribing the statement made in subsection(a) by the Congress.

(c) PROHIBITION OF CONTRACTS WITH PER-SONS FALSELY LABELING PRODUCTS AS MADEIN AMERICA.—If it has been finally deter-mined by a court or Federal agency that anyperson intentionally affixed a label bearing a‘‘Made in America’’ inscription, or any in-scription with the same meaning, to anyproduct sold in or shipped to the UnitedStates that is not made in the United States,the person shall be ineligible to receive anycontract or subcontract made with fundsmade available in this Act, pursuant to thedebarment, suspension, and ineligibility pro-cedures described in sections 9.400 through9.409 of title 48, Code of Federal Regulations.

SEC. 503. (a) None of the funds appropriatedor otherwise made available by this Act maybe used to determine the final point of dis-charge for the interceptor drain for the SanLuis Unit until development by the Sec-retary of the Interior and the State of Cali-fornia of a plan, which shall conform to thewater quality standards of the State of Cali-fornia as approved by the Administrator ofthe Environmental Protection Agency, tominimize any detrimental effect of the SanLuis drainage waters.

(b) The costs of the Kesterson ReservoirCleanup Program and the costs of the SanJoaquin Valley Drainage Program shall beclassified by the Secretary of the Interior as

reimbursable or nonreimbursable and col-lected until fully repaid pursuant to the‘‘Cleanup Program—Alternative RepaymentPlan’’ and the ‘‘SJVDP—Alternative Repay-ment Plan’’ described in the report entitled‘‘Repayment Report, Kesterson ReservoirCleanup Program and San Joaquin ValleyDrainage Program, February 1995’’, preparedby the Department of the Interior, Bureau ofReclamation. Any future obligations of fundsby the United States relating to, or pro-viding for, drainage service or drainage stud-ies for the San Luis Unit shall be fully reim-bursable by San Luis Unit beneficiaries ofsuch service or studies pursuant to Federalreclamation law.

The CHAIRMAN. Are there anypoints of order to any of the sections soopened?

POINT OF ORDER

Mr. LARGENT. Mr. Chairman, Imake a point of order.

The CHAIRMAN. The gentleman willstate his point of order.

Mr. LARGENT. Mr. Chairman, Imake a point of order that section 308of the bill, beginning on page 32, line24, and ending on page 34, line 6, vio-lates clause 2 of rule XXI of the rules ofthe House of Representatives prohib-iting legislation on appropriationsbills.

As I understand the intent of section308, the language in question directsthe Secretary of Energy to write a re-port to Congress on a plan to transfercertain regulatory functions in DOEscience laboratories to the NuclearRegulatory Commission and the Occu-pational Safety and Health Adminis-tration. My reading of the amendment,however, goes much further. I thinkthat the language contained in the billwould actually effectuate the transferof these functions to the NRC andOSHA.

In any event, Mr. Chairman, the lan-guage of section 308 clearly constituteslegislation on an appropriations bill inviolation of clause 2 of rule XXI of therules of the House because it changescurrent law, where no plan to transferthese functions is present.

I therefore insist on my point oforder.

The CHAIRMAN. Does any otherMember care to be heard on the pointof order?

Hearing none, for the reasons statedby the gentleman from Oklahoma (Mr.LARGENT), the point of order is sus-tained, and section 308 of the bill willbe stricken.

The CHAIRMAN. Are there amend-ments to the bill?

AMENDMENT NO. 1 OFFERED BY MR. TRAFICANT

Mr. TRAFICANT. Mr. Chairman, Ioffer an amendment.

The CHAIRMAN. The Clerk will des-ignate the amendment.


Amendment No. 1 offered by Mr. TRAFI-CANT:

At the end of the bill, insert after the lastsection (preceding the short title) the fol-lowing new section:

CONGRESSIONAL RECORD — HOUSEH3724 June 28, 2001SEC. . None of the funds appropriated or

otherwise made available in this Act may bemade available to any person or entity con-victed of violating the Buy American Act (41U.S.C. 10a–10c).

The CHAIRMAN. Pursuant to theorder of the House of Wednesday, June27, 2001, the gentleman from Ohio (Mr.TRAFICANT) and a Member opposed eachwill control 5 minutes.

The Chair recognizes the gentlemanfrom Ohio (Mr. TRAFICANT).

Mr. TRAFICANT. Mr. Chairman, Iyield myself such time as I may con-sume.

Mr. Chairman, this is an amendmentthat has been offered and accepted onall appropriations bills. It is good forAmerica.

I will yield to the distinguishedchairman of the subcommittee, whohas done a fine job on the bill, andwould hope that he would also look fa-vorably at my next amendment as well.


Mr. TRAFICANT. I yield to the gen-tleman from Alabama.

Mr. CALLAHAN. Mr. Chairman, Ithank the gentleman for yielding.

Mr. Chairman, certainly this is some-thing not only that we forgot to put in,which should have been put in, but weappreciate the gentleman bringing it toour attention and allowing us to be apart of his effort to continue to encour-age companies to buy American.

We have no objection to this amend-ment and would happily accept it.

Mr. VISCLOSKY. Mr. Chairman, willthe gentleman yield?

Mr. TRAFICANT. I yield to my goodfriend and classmate, the gentlemanfrom Indiana.

Mr. VISCLOSKY. Mr. Chairman, I ap-preciate the gentleman yielding.

On behalf of all the steelworkers Irepresent, I am also happy to acceptthe gentleman’s amendment.

Mr. TRAFICANT. Mr. Chairman, Iask for an aye vote, and I yield backthe balance of my time.

The CHAIRMAN. Does any Memberclaim time in opposition to the amend-ment?

Hearing none, the question is on theamendment offered by the gentlemanfrom Ohio (Mr. TRAFICANT).

The amendment was agreed to.AMENDMENT NO. 5 OFFERED BY MR. TRAFICANTMr. TRAFICANT. Mr. Chairman, I

offer an amendment.The CHAIRMAN. The Clerk will des-

ignate the amendment.The text of the amendment is as fol-

lows:Amendment No. 5 offered by Mr. TRAFI-

CANT:At the end of the bill (before the short

title) add the following section:SEC. . No fund in this Act may be used to

drill for oil and gas, through, in or under, theMosquite Creek Reservoir, Trumbull County,Ohio.

The CHAIRMAN. Pursuant to theorder of the House of Wednesday, June27, 2001, the gentleman from Ohio (Mr.TRAFICANT) and a Member opposed eachwill control 10 minutes.

The Chair recognizes the gentlemanfrom Ohio (Mr. TRAFICANT).

b 1015

Mr. TRAFICANT. Mr. Chairman, Iyield myself such time as I may con-sume.

I want to give a little background onthis amendment, and I want the appro-priators to know that I have gone threetimes to the authorizing committee.This is the only drinking water supplyfor 125,000 of my constituents. The Sen-ators, both Republicans, and everymayor supports stopping the banningof slant drilling under a lake whenthere are so many natural resources inthat region.

Let me tell my colleagues about thehypocrisy. Our Department of NaturalResources will not allow any drillingon adjacent wetland in the MesquiteReservoir because there are trumpetswans and Canadian geese habitat. Ihave 125,000 people that depend on thisfor drinking water with no backupwater supply. And just on June 3, notcounting last year, we had an earth-quake of 3.0 in the district of the gen-tleman from Ohio (Mr. LATOURETTE),district to the north, not far from thislake.

Now, I have supported energy devel-opment. I have tried not to be hypo-critical, because everybody says, not inmy backyard. But when I believe thatthere are people, as we did in Florida,when there is fresh water, as we havedone with the Great Lakes; God al-mighty, this is just common sense, andI did not have an amendment for thisbill until I had seen the efforts made atthe Great Lakes, and I worked 3 yearsthrough the authorizing committee.



Mr. CALLAHAN. Mr. Chairman, thegentleman mentioned the word ‘‘hypoc-risy,’’ and the gentleman knows howopposed I am to any form of hypocrisy.If indeed it is as the gentleman saysthat this could imperil the drinkingwater of the gentleman’s constituents,we will have no part of that. We will behappy to accept the gentleman’samendment.

Mr. TRAFICANT. Mr. Chairman, Iam very proud and honored that thegentleman has taken that position.


Mr. TRAFICANT. I yield to the gen-tleman from Indiana.

Mr. VISCLOSKY. Mr. Chairman, Iwould also be happy to join with theChair and announce my acceptance ofthe amendment from my distinguishedclassmate of the State of Ohio.

Mr. TRAFICANT. Mr. Chairman, Iappreciate that.

In closing, I would just like to saythat I will not call for a recorded vote,but I would like to see the eyes of thedistinguished gentleman from Alabama(Mr. CALLAHAN), the powerful chair-man, and I want a commitment, be-

cause I know the gentleman from Flor-ida (Mr. YOUNG) has fought hard to pre-serve fresh water drinking supplies andpeople close to drilling. I am not goingto ask for a vote, with an under-standing that my language will be pre-served and protected as best as possiblein conference.



Mr. CALLAHAN. Mr. Chairman, itwill be preserved as best as possible.

Mr. TRAFICANT. Mr. Chairman, thatis good enough for me. The gentleman’sword has always been good enough. Ithank the Congress for considering thepeople in my district.

Mr. Chairman, I ask for an ‘‘aye’’vote.

Mr. Chairman, I yield back the bal-ance of my time.

The CHAIRMAN. The question is onthe amendment offered by the gen-tleman from Ohio (Mr. TRAFICANT).

The amendment was agreed to.The CHAIRMAN. Are there further

amendments?AMENDMENT OFFERED BY MS. BERKLEY

Ms. BERKLEY. Mr. Chairman, I offeran amendment.



Amendment offered by Ms. BERKLEY:Page 37, after line 11, insert the following:

TITLE IV–A

NUCLEAR WASTE TECHNICAL REVIEWBOARD

SALARIES AND EXPENSES

For additional expenses of the NuclearWaste Technical Review Board, to be derivedfrom the Nuclear Waste Fund, for the Board(1) to evaluate the technical and scientificvalidity of activities undertaken by the Sec-retary of Energy relating to the packagingand transportation of high-level radioactivewaste and spent nuclear fuel, as authorizedby section 503 of the Nuclear Waste PolicyAct of 1982 (42 U.S.C. 10263), (2) to hold hear-ings, sit and act, take testimony, and receiveevidence, as authorized by section 504(a) ofsuch Act (42 U.S.C. 10264(a)), and (3) to re-quest the Secretary (or any contractor of theSecretary) to provide the Board withrecords, files, papers, data, and information,as authorized by section 504(b) of such Act(42 U.S.C. 10264(b)); and the aggregateamount otherwise provided in this Act for‘‘Energy Programs—Nuclear Waste Dis-posal’’ is hereby reduced by; $500,000.

The CHAIRMAN. Pursuant to theorder of the House of Wednesday, June27, 2001, the gentlewoman from Nevada(Ms. BERKLEY) and a Member opposedeach will control 10 minutes.

The Chair recognizes the gentle-woman from Nevada (Ms. BERKLEY).

Ms. BERKLEY. Mr. Chairman, I yieldmyself such time as I may consume.

I rise today to offer an amendmentregarding the transportation of high-level nuclear waste. As we are allaware, the Department of Energy isnearing completion on its report onwhether Yucca Mountain should be li-censed as the Nation’s repository for

CONGRESSIONAL RECORD — HOUSE H3725June 28, 2001high-level nuclear waste. The DOE haswritten lengthy reports on hundreds ofissues relating to the project, but hasremained eerily silent on the one issuethat affects almost every Member ofthis House: the transportation of nu-clear waste across the country.

If the proposed Yucca Mountain re-pository is approved, the transfer ofhigh-level nuclear waste would neces-sitate the shipment of over 77,000 tonsof lethal nuclear waste through atleast 43 States. The DOE has itself rec-ognized that such transfers may resultin as many as 300 accidents with poten-tially catastrophic consequences, yet ithas not published national shippingroutes. Members of Congress and theAmerican public have a right to knowif high-level radioactive waste is goingto be trucked through their districts,past their homes and hospitals, theirchildren’s schools, and on their neigh-borhood roads, and they have a right toknow what kind of impact these ship-ments will have on their communities.

That is why I am offering an amend-ment that would transfer $500,000 tothe Nuclear Waste Technical ReviewBoard to help them encourage the DOEto publicize the transportation routes.It is only a matter of common senseand sound public policy that this bodywould seek the assurance of a reviewboard composed of our country’s topnuclear scientists on a matter of suchimportance and so fraught with dangerfor our citizens. It seems only appro-priate to ensure that the board is giventhe resources it needs to hold hearings,take testimony, and receive evidenceto evaluate the DOE’s transportationroutes. It is, after all, vitally impor-tant that Members of Congress under-stand fully the potential impact on ourcommunities, our constituents and onthe environment.

This amendment builds on the lan-guage of the committee report ac-knowledging the serious public concernwith shipping nuclear waste across thecountry by road and rail and the needto select transportation routes. I wantto thank the chairman and the rankingmember for their efforts in this regard.Our amendment helps move forwardthe committee’s intent by employingthe Nuclear Waste Technical ReviewBoard to analyze the routes and theirpotential impacts and to further en-courage the DOE to make public, makepublic their proposed routes.

Let me be clear. This is not a vote onwhether or not one supports a nuclearrepository at Yucca Mountain. Thisamendment is about whether Membersof Congress and our constituents havea right to know, the right to knowwhether nuclear waste is going to betraveling through our communities. Avote for this amendment is a vote infavor of protecting our neighborhoodsfrom bureaucrats with too little infor-mation and too much secrecy. This is,in the end, about the public’s right toknow.

Mr. Chairman, I strongly urge mycolleagues to support this amendment.

Again, I want to thank the chairmanand the ranking member for theirwork.

Mr. Chairman, I reserve the balanceof my time.

Mr. CALLAHAN. Mr. Chairman, I re-luctantly rise in opposition to the gen-tlewoman’s amendment.

Mr. Chairman, I yield myself suchtime as I may consume.

First let me say to the gentlewomanthat we are all concerned about thetransportation part of the ultimatestorage at Yucca Mountain. During thelast month, I have traveled to YuccaMountain and looked at the facility.We have discussed the transportationpart of the storage site at Yucca Moun-tain, and we agree with the gentle-woman that we should be prepared.However, we have ample time to beprepared.

For the gentlewoman’s information,we already have provided $3.1 millionin the bill for the Nuclear Waste Tech-nical Review Board. They tell us theycan live with that much money, and Ireally do not think that taking an-other $500,000 and putting it into thatstudy is going to enhance the solutionto the gentlewoman’s problems at all.Our major concern is that we have asafe conveyance. If, indeed, YuccaMountain is approved, we need somesafe capability of delivering the prod-ucts through the various States andthrough the State of Nevada to thesite.

So I would agree with the gentle-woman that we should be concernedabout it, and we are concerned aboutit. We brought this up in our com-mittee hearings, and the Departmentof Energy told us that they had optedto defer more serious transportationplanning until after the completion ofthe review of final site. The final deter-mination has not yet been made. Whatthe Department is saying is that assoon as final determination is made, itis still going to be 6, 7, maybe 9 yearsbefore the repository opens. It is goingto take a long time, we will still haveample time to study the transportationpossibilities. I think that at this timeputting an additional $500,000 into a re-view board that really does not needthe money is not the answer to thegentlewoman’s problems.

So I would respectfully disagree withthe gentlewoman’s amendment.

Ms. BERKLEY. Mr. Chairman, willthe gentleman yield?

Mr. CALLAHAN. I yield to the gen-tlewoman from Nevada.

Ms. BERKLEY. Mr. Chairman, Ithank the distinguished gentleman.

I think the gentleman is making mypoint for me, and I appreciate the factthat you have come to Nevada andtoured Yucca Mountain. The fact of thematter is the Nuclear Waste TechnicalReview Board says they do not needthe money because they do not haveanything to study now because theDOE has not offered the trade routes.The reality of the situation is that thepeople in this House, our colleagues,

have a right to know and their con-stituents have a right to know if theDOE and our government is planningto use their roads through their neigh-borhoods, through their towns, totransport 77,000 tons of the most toxicnuclear material known to mankind.

This is a right-to-know issue, and theDOE’s feet should be held to the fire,and if giving another half a milliondollars to the technical review board sothat they can force the DOE to publishthose trade routes, I think that is avery important thing.

Also, the committee language, withall due respect, says that they shouldstart doing the trade routes in theState of Nevada. It is my contentionthat we are doing this a little bass-ackwards. We should not be doing Ne-vada first, we should be doing all of thetransportation routes getting to Ne-vada, and Nevada should be the last legof the journey, not the first.

Mr. CALLAHAN. Mr. Chairman, re-claiming my time, we must decide onwhether or not that is going to defi-nitely be the site. Once that deter-mination is made, there will be ampletime to provide ample resources to thereview board to make certain that thepublic is fully aware of how the trans-portation needs are going to be met.

So I think the gentlewoman is on theright track; I think she is just a littleearly, because in a sense, it is an ad-mission that it is going to happen.


Mr. CALLAHAN. I yield to the gen-tleman from Indiana.

Mr. VISCLOSKY. Mr. Chairman, I ap-preciate the gentleman yielding, and Ialso rise in opposition to the amend-ment. I appreciate the gentlewoman’sconcern, but I would also voice theopinion that it is very premature, be-cause this is, after all, about YuccaMountain, and the site has not been de-cided upon. The chairman mentioned 6,7 years. It might be longer than that,and the gentlewoman also suggestedthat while language in the report thattalks about the State of Nevada trans-portation problem, we should be con-cerned about other States.

I would just read a sentence or twofrom the committee report from page119. This is our language: ‘‘The Depart-ment should use available funds in fis-cal year 2002 to initiate the selection oftransportation routes in Nevada andother States in cooperation with theStates and to begin planning for con-struction of a rail line to the reposi-tory site.’’

So again, reluctantly, I also am veryopposed to the gentlewoman’s amend-ment.

Mr. CALLAHAN. Mr. Chairman, I re-serve the balance of my time.

Ms. BERKLEY. Mr. Chairman, I yield2 minutes to the gentleman from Mas-sachusetts (Mr. MARKEY).

Mr. MARKEY. Mr. Chairman, I thankthe gentlewoman for yielding me thistime.

Now, the reason the gentlewoman israising the issue is quite simple. First

CONGRESSIONAL RECORD — HOUSEH3726 June 28, 2001of all, we are told that this nucleartechnology is so safe that none of ushave to worry, none of us have to beconcerned at all as the materials aretransported down streets in our owncommunities. On the other hand, thereis a law on the books which indem-nifies, which makes sure that none ofthe companies that own the trucks orthe trains are liable in the event of anaccident.

Well, that is not a good combination.One cannot say on the one hand it issafe and on the other hand say, well,we have to indemnify against any risksof the truck drivers and the train driv-ers. Who would want people careeningthrough their neighborhoods with noinsurance in large trucks, much lesstrucks or trains with nuclear materialsthere? So they become ‘‘mobileChernobyls,’’ in a sense. They becomethese very dangerous vehicles.

What the gentlewoman is saying isthat we should have advanced knowl-edge of which routes are going to betaken, what the precautions are thatare being put into place. It is just kindof a common-sense, anticipatory wayof looking at these issues, especiallysince this recipe has been constructed,which could be an invitation to reck-lessness, to willful misconduct, to ex-cessive drinking or drug-taking by thetruck drivers or the train conductors,because they are not liable for any ac-cidents.

b 1030And that is why I think the gentle-

woman is so concerned. And I thinkwhat this issue does is just help tospotlight how concerned all Americansshould be if this material starts tomove through their neighborhoods.

Ms. BERKLEY. Mr. Chairman, may Iinquire as to how much time I have re-maining?

The CHAIRMAN. The gentlewomanfrom Nevada (Ms. BERKLEY) has 41⁄2minutes remaining, and the gentlemanfrom Alabama (Mr. CALLAHAN) has 51⁄2minutes remaining.

Mr. CALLAHAN. Mr. Chairman, Iurge a ‘‘no’’ vote, and I yield back thebalance of my time.

Ms. BERKLEY. Mr. Chairman, I yieldmyself such time as I may consume.

Mr. Chairman, two nights ago thisHouse passed legislation that wouldprohibit dangerous trucks coming tothis country from Mexico. Certainlytrucks containing nuclear waste goingthrough our neighborhoods is more se-rious than dangerous Mexican trucks,which we prohibited from coming ontoour highways.

It seems to me there is not one of usthat can go home to our constituentsand say we voted down a piece of legis-lation that would demand that the De-partment of Energy actually publishthe proposed transportation routes of77,000 tons of toxic nuclear waste. Thisnuclear waste is going to be comingacross all our neighborhoods, all of ourtowns, through our communities,through 43 States en route to YuccaMountain, Nevada.

Now, I appreciate the fact that boththe chairman and the ranking membersuggest that perhaps this is premature,but listening to what the administra-tion has been saying with their new re-liance on nuclear energy and the factthat in the committee language itself,although there has not been comple-tion of the scientific study sayingYucca Mountain will be the Nation’srepository, certainly nobody readingthe signs can say that this country isnot trying very hard to make YuccaMountain, which has been selected asthe only site, the one that is accept-able for nuclear waste. I might add,however, that it is not acceptable, andit is very apparent that it is not.

The fact of the matter is that wehave a right to know, and we have aright to protect our constituents. Ourconstituents, American citizens, have aright to know what their governmentintends to do. And I would like tohearken back to the nuclear atomicweapons tests that were conducted atthe Nevada test site in the 1950s andthe 1960s, when we were told there wasabsolutely no danger to detonatingthose atomic weapons in the middle ofthe Nevada desert. The fact of the mat-ter is, every single, and let me repeatthat, every single employee of the Ne-vada test site that worked on thoseatomic tests are all dying of cancernow and other horrible, heinous ail-ments. And that is because our FederalGovernment said, Don’t worry, behappy; there is nothing wrong. This isa similar situation 50 years later, andwe are hearing the exact same thingfrom our Federal Government.

For this body not to stand up andprotect each one of our constituents,and make sure that that nuclear wasteand those trucks are not going to bebarreling down our neighborhoodstreets I think is most irresponsible foranybody that does not support this leg-islation. This is the single most impor-tant issue to the people in SouthernNevada, the people that I represent. Iagain urge all of my colleagues tostand with us, stand with me, andmake a determination to keep ourneighborhoods, our schools, our hos-pitals, and the people that we representsafe.

Mr. BACA. Mr. Chairman, I rise in support ofthe Berkley amendment to the Energy andWater FY 2002 Appropriations bill, H.R. 2311.

We must study the problems associatedwith the transportation of nuclear waste andprotect our communities.

The likeliest routes will truck much of Cali-fornia’s radioactive waste along Interstate 15and along train tracks straight through SanBernardino County.

It has been said that used fuel is so dan-gerous that the nuclear plants must isolate thefuel from human contact for 10,000 years. Sowhy would we run the risk of shipping itthrough our backyards without the proper sci-entific research and before we have weighedall our options?

Congress has spent billions of dollars on theYucca Mountain storage site and it is still un-known whether this site is environmentally

sound or not. Why should our tax dollars bespent and our health be put at risk withoutfinding out all aspects of this issue? Scientificstudies show that transporting such materialhas potential risks that could end in cata-strophic disasters and yet no other option hasbeen proposed.

We must ensure the security of our commu-nity. Nuclear waste is a serious issue thatmust be handled very carefully and thor-oughly. I am committed to protecting thehealth and environment of the 42nd district ofCalifornia along with all the districts in theUnited States.

Ms. BERKLEY. Mr. Chairman, I yieldback the balance of my time.

The CHAIRMAN. The question is onthe amendment offered by the gentle-woman from Nevada (Ms. BERKLEY).

The question was taken; and theChairman announced that the noes ap-peared to have it.

Ms. BERKLEY. Mr. Chairman, I de-mand a recorded vote.

The CHAIRMAN. Pursuant to clause6 of rule XVIII, further proceedings onthe amendment offered by the gentle-woman from Nevada (Ms. BERKLEY)will be postponed.

AMENDMENT OFFERED BY MRS. KELLYMrs. KELLY. Mr. Chairman, I offer

an amendment.The CHAIRMAN. The Clerk will des-

ignate the amendment.The text of the amendment is as fol-

lows:Amendment offered by Mrs. KELLY:In title IV, in the item relating to ‘‘NU-

CLEAR REGULATORY COMMISSION—SALARIESAND EXPENSES’’, after the second and fourthdollar amounts, insert the following: ‘‘(re-duced by $700,000)’’.

In title IV, in the item relating to ‘‘NU-CLEAR REGULATORY COMMISSION—OFFICE OFINSPECTOR GENERAL’’, after the first and sec-ond dollar amounts, insert the following:‘‘(increased by $700,000)’’.

The CHAIRMAN. Pursuant to theorder of the House of Wednesday, June27, 2001, the gentlewoman from NewYork (Mrs. KELLY) and a Member op-posed each will control 5 minutes.

The Chair recognizes the gentle-woman from New York (Mrs. KELLY).

Mrs. KELLY. Mr. Chairman, I yieldmyself such time as I may consume.

Mr. Chairman, I rise for the purposeof entering into this colloquy with thedistinguished chairman of the com-mittee, the gentleman from Alabama(Mr. CALLAHAN).

I wish to discuss the importance ofproviding additional funding for theNRC Inspector General. I feel that pro-viding the Inspector General with moreresources will help the NRC better per-form its responsibility of ensuring thesafe operation of our Nation’s nuclearpower plants. Through my own experi-ence, I have found that the agency’spriorities have not always been whatthey should be.

In February of last year, an accidentoccurred at the Indian Point 2 nuclearpower plant in my district. A steamgenerator tube burst, and the plant wasshut down immediately. It goes with-out saying the people in the commu-nity surrounding the plant, myself in-cluded, were seriously troubled by this

CONGRESSIONAL RECORD — HOUSE H3727June 28, 2001accident. We expected the Federalagency responsible for handling nu-clear safety would make every effort toquickly repair and restore public con-fidence in the plant. I regret to saythat the NRC fell short of this veryreasonable expectation.

Though the agency itself acknowl-edged that this plant had the highestrisk assessment of any plant in the Na-tion, they were on red as risk assess-ment, they demonstrated a stunningindifference to a litany of legitimateconcerns about the plant’s safety. TheNRC chairman refused to play any rolewhatsoever in the very difficult delib-eration as to when the plant ought tobe started. The NRC chairman refusedto hold a commission hearing at theplant, or even come to Buchanan to seethe plant and the surrounding commu-nity firsthand.

Not once during the entire 11-monthperiod that the plant was down did thechairman or any of the NRC commis-sioners think they ought to come toBuchanan, New York, and look at thisplant. So the chairman can imagine myprofound concern when I learned aboutsome of the places that the NRC chair-man and the commissioners did thinkthey ought to go during the time theplant was down: places like Korea,Spain, and Mexico. The public recordindicates that during the time the In-dian Point 2 plant was down, the chair-man of the NRC visited a nuclearpower plant in Scotland. He visitedthree in Canada.

During this time, investigators fromthe IG’s office were at Indian Pointcataloguing all of their mistakes. Theyfound a troubling number of things atthis plant, and the most troubling theydiscovered was that an inspection per-formed back in 1997 plainly indicatedthe strong likelihood of a leak. TheNRC had that information back in 1997.It showed that there was a strong like-lihood of a leak, but nothing was donebecause nobody at the NRC ever lookedat the inspection report. This shouldnot have happened.

I realize there is a new interest in nu-clear power, and I should say that I amnot against nuclear power. But the waythat the NRC handled the Nation’smost troubled plant raises some realconcerns. I understand the gentlemanfrom Alabama has provided a generousincrease in the funding for the Inspec-tor General in this bill. I commend himand thank him for it.

Is it the gentleman’s understandingthat this additional funding will beavailable for further independent re-views of NRC regulating activities?

Mr. CALLAHAN. Mr. Chairman, willthe gentlewoman yield?

Mrs. KELLY. I yield to the gen-tleman from Alabama.

Mr. CALLAHAN. I thank the gentle-woman for her work on this issue, Mr.Chairman; and I share her feelingsabout the importance of ensuring thatthe NRC Inspector General is providedthe resources it needs for conductingindependent reviews. This additional

$680 million that we have in this bill isavailable for this very purpose.

Mrs. KELLY. I thank the gentleman.I would ask only that the gentlemancontinue to keep in mind the impor-tance of a strong funding level for theNRC Inspector General as we continueto work on this bill, and also that hecontinue to vigorously oversee theagency to ensure that unnecessarytravel expenses are not incurred by theNRC officials.

Mr. CALLAHAN. If the gentlewomanwill yield further, I will continue toclosely monitor all expenditures in-curred by NRC officials to ensure thattheir resources are not improperlysquandered.

Mrs. KELLY. I thank the gentlemanfrom Alabama very much, the distin-guished chairman of the subcommittee.

Mr. Chairman, I ask unanimous con-sent to withdraw my amendment.

The CHAIRMAN. Is there objectionto the request of the gentlewomanfrom New York?

There was no objection.The CHAIRMAN. The amendment is

withdrawn.AMENDMENT OFFERED BY MR. DAVIS OF

FLORIDA

Mr. DAVIS of Florida. Mr. Chairman,I offer an amendment.



Amendment offered by Mr. DAVIS of Flor-ida:

In title III, in the item relating to ‘‘FED-ERAL ENERGY REGULATORY COMMIS-SION—SALARIES AND EXPENSES’’, strikethe last proviso (relating to Gulfstream Nat-ural Gas Project).

The CHAIRMAN. Pursuant to theorder of the House of Wednesday, June27, 2001, the gentleman from Florida(Mr. DAVIS) and a Member opposedeach will control 30 minutes.

The Chair recognizes the gentlemanfrom Florida (Mr. DAVIS).

Mr. DAVIS of Florida. Mr. Chairman,I yield myself such time as I may con-sume.

Mr. Chairman, I would like to set thecontext of this amendment because ittakes us back a little bit. Last week,we had a debate on the floor of theHouse of Representatives. It was a veryhearty, very democratic debate on thefloor about an amendment I offered,along with the gentleman from Florida(Mr. SCARBOROUGH), to prevent the Sec-retary of the Interior from going for-ward with issuing any new leases foroffshore oil drilling, oil and gas, 17miles off the coast of Pensacola, someof the most pristine beaches in not justthe State of Florida but of the country,and about 200 miles off the coast ofTampa Bay, my home.

The House adopted our amendmentby a vote of 247, and the bill is now inthe Senate where it will be debatedthere. Unfortunately, the highly es-teemed chairman of the Subcommitteeon Energy and Water Development, thegentleman from Alabama (Mr. CAL-

LAHAN), was in Alabama, with othermembers of the Alabama delegationtraveling with the President, and wasnot present for the debate. I regretthat, and I know he certainly regrets itas well. But the House has done its willand spoke on that particular issue.

The reason I rise today to offer thisamendment is because the gentlemanfrom Alabama (Mr. CALLAHAN) has in-serted some language in this particularbill we are debating, which I think isfair to describe as a response to the de-bate last week. What that language,which I will speak about in more detailin a while, along with other Membersboth Democrats and Republicans, whatthat language does is to punish theState of Florida and, I would submit,other States who have a stake in a nat-ural gas pipeline that has already had$800 million spent on it and is due toopen in approximately 1 year.

The language that the gentlemanfrom Alabama (Mr. CALLAHAN) has in-serted would basically bring that pipe-line to a grinding halt. I think that isan irresponsible position for the Houseof Representatives to take today. I per-sonally would not want to go home onthe 4th of July and have to explainthat I had voted for a bill that had thatlanguage in it.

I do understand the gentleman’spoint. His point is he wishes he hadbeen here for the debate, and I think hedisagrees in the strongest terms withthe outcome of the debate last week.But that debate is over, and we aredealing with a new issue today and it isan issue that affects hundreds of work-ers’ lives.

Mr. Chairman, I reserve the balanceof my time.

Mr. CALLAHAN. Mr. Chairman, Iyield myself such time as I may con-sume, and I rise in opposition to theamendment.

Mr. Chairman, let me say that, as thegentleman from Florida just men-tioned, yes, they did bring up thismeasure while I, along with the othermembers of the Alabama delegation,were traveling with the President lastweek, which is their prerogative. Ithink, out of deference to me and tomy State and to my delegation, thatthey should have at least informed usthe night before of their intent. Butthey failed to do that, which is theirprerogative. They do not have to notifyme of anything if they do not want to.But I thought it awful strange theywaited until we got out of town. Whenit was obvious we could not get back,this did not allow us the opportunity todefend our State.

But this amendment has nothing todo with that. As the gentleman fromFlorida said, the vote last Thursdaywas the will of the Congress. This hasnothing to do with permitting thedrilling of oil off the coast of Alabama,which 181 does. It has nothing to dowith that.

I think it is the height of hypocrisyfor Floridians, especially the sponsor ofthis amendment, to say we are not

CONGRESSIONAL RECORD — HOUSEH3728 June 28, 2001going to allow drilling for natural gasin the Gulf of Mexico because it is 270miles off the coast of Tampa, but atthe same time we want a pipeline fromAlabama to Florida because we needthis gas. They tell us that a 142 percentexpectation of increased need is goingto take place in the next 6 years inFlorida. So what they said was, do notdrill for the gas, but go ahead and buildthe pipeline and supply us with gas.

Mr. Chairman, they have got to makeup their mind. It is the height of hy-pocrisy to try to pull the wool over theFloridians’ eyes just because it mightlook good in the local newspaper, orstatewide newspaper, if someone hap-pens to be running for a public officestatewide. It is the height of hypocrisyto on the one hand go to your peopleand say, look how strong I am, lookhow faithful I am, look what I amdoing to protect the beautiful beachesof Florida, look what I have done, re-elect me or send me to another office,do all of these good things; but let usgo ahead and build that pipeline be-cause we know it is going to happenanyway. And if it is not going to hap-pen anyway, well, then, we do not wantthem drilling off the coast of Alabamafor additional resources. We are goingto take this resource away from thepeople of Alabama.

So they are saying to Alabamans,you suffer, but do not let us suffer. Letus run our air conditioners all yearlong, because the weather and the cli-mate in Florida is so wonderful and sobeautiful it requires that they havemore air-conditioning. We want to dothat. We want to provide for Floridiansthe ample resources they need, therebyensuring they will not have the sameenergy crisis in Florida, which is whatis going to happen.

We do not want that to happen to ourneighbors in Florida, and we are notgoing to let that happen. But, in myopinion, why build a pipeline to trans-port a gas when the author of this billis the one who authored the other billsaying do not drill for gas.

b 1045

Mr. Chairman, why are we going todisrupt the sandy bottom of the beau-tiful Gulf of Mexico and risk thatbrown sand turning the beautifulbeaches of the panhandle in Destin andin P

washington, thursday, june 28, 2001 no. 92 house of ... · u n congressional record u m e p l ri b...

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