May 16, 1995 CONGRESSIONAL RECORD — SENATE S6761

‘‘(A) shall determine whether the proposed

exportation would diminish the total quantity or quality of petroleum available to the

United States; and

‘‘(B) shall conduct and complete an appropriate environmental review of the proposed

exportation, including consideration of appropriate measures to mitigate any potential

adverse effect on the environment, within

four months after the date of enactment of

this subsection.

‘‘The President shall make his national interest determination within five months

after the date of enactment of this subsection or 30 days after completion of the environmental review, whichever is earlier.

The President may make his determination

subject to such terms and conditions (other

than a volume limitation) as are necessary

or appropriate to ensure that the exportation is consistent with the national interest.

‘‘(2) Except in the case of oil exported to a

country pursuant to a bilateral international

oil supply agreement entered into by the

United States with the country before June

25, 1979, or to a country pursuant to the

International Emergency Oil Sharing Plan of

the International Energy Agency, any oil

transported by pipeline over right-of-way

granted pursuant to this section, shall, when

exported, be transported by a vessel documented under the laws of the United States

and owned by a citizen of the United States

(as determined in accordance with section 2

of the Shipping Act, 1916 (46 U.S.C. App. 802)).

‘‘(3) Nothing in this subsection shall restrict the authority of the President under

the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701

et seq.), or the National Emergencies Act (50

U.S.C. 1601 et seq.) to prohibit exportation of

the oil.’’.

‘‘(4) The Secretary of Commerce shall issue

any rules necessary for implementation of

the President’s national interest determination within 30 days of the date of such determination by the President. The Secretary of

Commerce shall consult with the Secretary

of Energy in administering the provisions of

this subsection.

‘‘(5) If the Secretary of Commerce finds

that anticompetitive activity by a person exporting crude oil under authority of this subsection has caused sustained material crude

oil supply shortages or sustained crude oil

prices significantly above world market levels and further finds that these supply shortages or price increases have caused sustained

material adverse employment effects in the

United States, the Secretary of Commerce

may recommend to the President appropriate action against such person, which

may include modification of the authorization to export crude oil.

‘‘(6) Administrative action with respect to

an authorization under this subsection is not

subject to sections 551 and 553 through 559 of

title 5, United States Code.

‘‘SEC. 203. ANNUAL REPORT.

‘‘Section 103(f) of the Energy Policy and

Conservation Act (42 U.S.C. 6212(f)) is amended by adding at the end thereof the following:

‘‘In the first quarter report for each new

calendar year, the President shall indicate

whether independent refiners in Petroleum

Administration for Defense District V have

been unable to secure adequate supplies of

crude oil as a result of exports of Alaskan

North Slope crude oil in the prior calendar

year and shall make such recommendations

to the Congress as may be appropriate.’’.

‘‘SEC 204. GAO REPORT.

‘‘The Comptroller General of the United

States shall conduct a review of energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports, if any, on consumers, independent refiners, and shipbuilding and ship repair yards

on the West Coast. The Comptroller General

shall commence this review four years after

the date of enactment of this Act and, within

one year after commencing the review, shall

provide a report to the Committee on Energy

and Natural Resources in the Senate and the

Committee on Resources in the House of

Representatives. The report shall contain a

statement of the principal findings of the review and such recommendations for consideration by the Congress as may be appropriate.

‘‘SEC. 205. EFFECTIVE DATE.

‘‘This title and the amendments made by it

shall take effect on the date of enactment.’’.

HATFIELD AMENDMENT NO. 1105

Mr. MURKOWSKI (for Mr. HATFIELD)

proposed an amendment to amendment

No. 1104 proposed by Mr. MURKOWSKI to

the bill the bill S. 395, supra; as follows:

At the end of the amendment add the following new section:

SEC. 206. RETIREMENT OF CERTAIN COSTS INCURRED FOR THE CONSTRUCTION

OF NON-FEDERAL PUBLICLY OWNED

SHIPYARDS.

(a) IN GENERAL.—The Secretary of Energy

shall—

(1) deposit proceeds of sales out of the

Naval Petroleum Reserve in a special account in amounts sufficient to make payments under subsections (b) and (c); and

(2) out of the account described in paragraph (1), provide, in accordance with subsections (b) and (c), financial assistance to a

port authority that

(A) manages a non-Federal publicly owned

shipyard on the United States west coast

that is capable of handling very large crude

carrier tankers; and

(B) has obligations outstanding as of May

15, 1995, that were issued on June 1, 1977, and

are related to the acquisition of non-Federal

publicly owned dry docks that were originally financed through public bonds.

(b) ACQUISITION AND REFURBISHMENT OF INFRASTRUCTURE.—The Secretary shall provide, for acquisition of infrastructure and refurbishment of existing infrastructure,

$10,000,000 in fiscal year 1996.

(c) RETIREMENT OF OBLIGATIONS.—The Secretary shall provide, for retirement of obligations outstanding as of May 15, 1995, that

were issued on June 1, 1977, and are related

to the acquisition of non-Federal publicly

owned dry docks that were originally financed through public bonds—

(1) $6,000,000 in fiscal year 1996;

(2) $13,000,000 in fiscal year 1997;

(3) $10,000,000 in fiscal year 1998;

(4) $8,000,000 in fiscal year 1999;

(5) $6,000,000 in fiscal year 2000;

(6) $3,500,000 in fiscal year 2001; and

(7) $3,500,000 in fiscal year 2002.

MURRAY AMENDMENT NO. 1106

Mrs. MURRAY proposed an amendment to amendment No. 1106 proposed

by Mr. MURKOWSKI to the bill S. 395,

supra; as follows:

At the end of the pending amendment add

the following new section:

Title VI of the Oil Pollution Act of 1990

(Pub. L. 101–380; 104 Stat. 554) is amended by

adding at the end thereof the following new

section:

‘‘SEC. 6005. TOWING VESSEL REQUIRED.

(a) IN GENERAL.—In addition to the requirements for response plans for vessels established in section 311(j) of the Federal

Water Pollution Control Act, as amended by

this Act, a response plan for a vessel operating within the boundaries of the Olympic

Coast National Marine Sanctuary or the

strait of Juan de Fuca shall provide for a

towing vessel to be able to provide assistance

to such vessel within six hours or a request

for assistance. The towing vessel shall be capable of—

(1) towing the vessel to which the response

plan applies;

(2) initial firefighting and oilspill response

efforts; and

(3) coordinating with other vessels and responsible authorities to coordinate oilspill

response, firefighting; and marine salvage efforts.

‘‘(b) EFFECTIVE DATE.—The Secretary of

Transportation shall promulgate a final rule

to implement this section by September 1,

1995.’’.

MURRAY AMENDMENT NO. 1107

Mrs. MURRAY proposed an amendment to amendment No. 1106 proposed

by Mr. MURKOWSKI to the bill S. 395,

supra; as follows:

On page 2, insert after line 12, of the pending amendment the following:

(C) shall consider after consultation with

the Attorney General and Secretary of Commerce whether anticompetitive activity by a

person exporting crude oil under authority of

this subsection is likely to cause sustained

material crude oil supply shortages or sustained crude oil prices significantly above

world market levels for independent refiners

that would cause sustained material adverse

employment effects in the United States.

On page 3, insert after line 12 after the

word ‘‘implementation;’’: ‘‘including any licensing requirements and conditions,’’.

On page 4, line 2 after ‘‘President’’ insert

‘‘who may take’’.

On page 4, line 3 after ‘‘modification’’ insert ‘‘or revocation’’.

COMMITTEE

NOTICES OF HEARINGS

ON

fRULES AND ADMINISTRATION

Mr. STEVENS. Mr. President, I wish

to announce that the Committee on

Rules and Administration will meet in

SR–301, Russell Senate Office Building,

on Thursday, May 18, 1995, at 9:30 a.m.,

to receive testimony on the Smithsonian Institution: Management Guidelines for the Future.

For further information concerning

this hearing, please contract Christine

Ciccone of the committee staff on 224–

5647.

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. NICKLES. Mr. President, I would

like to announce for the information of

the Senate that the hearing scheduled

before the Subcommittee on Energy

Production and Regulation will also include S. 801, a bill to extend the deadline under the Federal Power Act applicable to the construction of two hydroelectric projects in North Carolina, and

for other purposes.

The hearing will be held on Thursday, May 18, 1995 at 2 p.m. in room SD–

366 of the Dirksen Senate Office Building in Washington, DC.
S6762 CONGRESSIONAL RECORD — SENATE May 16, 1995

AUTHORITY FOR COMMITTEES TO

MEET

COMMITTEE ON AGRICULTURE, NUTRITION AND

FORESTRY

Mr. CHAFEE. Mr. President, I ask

unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be allowed to meet during the

session of the Senate on Tuesday, May

16, 1995 at 9:30 a.m., in SR–332, to discuss rural development and credit.

The PRESIDING OFFICER. Without

objection, it is so ordered.

COMMITTEE ON COMMERCE, SCIENCE, AND

TRANSPORTATION

Mr. CHAFEE. Mr. President, I ask

unanimous consent that the Committee on Commerce, Science, and Transportation be allowed to meet during

the Tuesday, May 16, 1995 session of the

Senate for the purpose of conducting

an oversight hearing on NASA’s space

shuttle and reusable launch vehicle

program at 9:30 a.m.

The PRESIDING OFFICER. Without

objection, it is so ordered.

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. CHAFEE. Mr. President, I ask

unanimous consent that the Committee on Energy and Natural Resources

be granted permission to meet during

the session of the Senate on Tuesday,

May 16, 1995, for purposes of conducting

a full committee hearing which is

scheduled to begin at 9:30 a.m. The purpose of this hearing is to review Nuclear Regulatory Commission licensing

activities with regard to the Department of Energy’s civilian nuclear

waste disposal program and other matters within the jurisdiction of the Nuclear Regulatory Commission.

The PRESIDING OFFICER. Without

objection, it is so ordered.

COMMITTEE ON FINANCE

Mr. CHAFEE. Mr. President, I ask

unanimous consent that the Finance

Committee be permitted to meet on

Tuesday, May 16, 1995, beginning at 9:30

a.m. in room SD–215, to conduct a hearing on Medicare solvency.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON DISABILITY POLICY

Mr. CHAFEE. Mr. President, I ask

unanimous consent that the Subcommittee on Disability Policy of the

Committee on Labor and Human Resources be authorized to meet for a

hearing on the Individuals with Disabilities Education Act, during the session of the Senate on Tuesday, May 16,

1995 at 9:30 a.m.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON READINESS

Mr. CHAFEE. Mr. President, I ask

unanimous consent that the Subcommittee on Readiness of the Committee on Armed Services be authorized to meet at 9 a.m. on Tuesday, May

16, 1995, in open session, to receive testimony on Department of Defense Financial Management in Review of S.

727, the National Defense Authorization Act for Fiscal Year 1996, and the

future years defense program.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON SEAPOWER

Mr. CHAFEE. Mr. President, I ask

unanimous consent that the Subcommittee on Seapower of the Committee on Armed Services be authorized to meet at 9:30 a.m. on Tuesday,

May 16, 1995, in open session, to receive

testimony on the requirements for continued production of nuclear submarines, submarine industrial base issues, procurement strategy, and associated funding in review of S. 727, the Defense Authorization Act for Fiscal Year

1996 and the future years defense program.

The PRESIDING OFFICER. Without

objection, it is so ordered.

SUBCOMMITTEE ON STRATEGIC FORCES

Mr. CHAFEE. Mr. President, I ask

unanimous consent that the Subcommittee on Strategic Forces of the

Committee on Armed Services be authorized to meet on Tuesday, May 16,

1995 at 2 p.m. in closed/open session to

receive testimony on the Department

of Energy weapons activities, nonproliferation and national security programs in review of S. 727, the National

Defense Authorization Act for Fiscal

Year 1996 and the future years defense

program.

The PRESIDING OFFICER. Without

objection, it is so ordered.

ADDITIONAL STATEMENTS

fKOREA—BOTH SIDES OF THE LINE

∑ Mr. INOUYE. Mr. President, I would

like to share with my colleagues and

all Americans a poem, ‘‘Korea—Both

Sides of the Line,’’ written by Mr.

Ernst E. Banfield, a former sergeant in

the United States Marine Corps who

served in the Korean conflict. I believe

Mr. Banfield’s poem poignantly depicts

our Nation’s commitment to this conflict, and ask that it be printed in the

RECORD.

The poem follows:

KOREA—BOTH SIDES OF THE LINE

It’s over now or so some may say.

Will silence prevail while some turn to

prayer?

Some will cheer, others a disbelief will

share.

Is it true no bugles will sound this day?

We had our differences, Army . . . Navy . . .

Marines

But we stood or fell together blood red,

All feeling anger, pain and warm tears when

our brothers bled,

Knowing for them this day there would be

no future dreams.

We made the landing and headed north,

Most with our inner thoughts and a touch

of fear.

Some will swagger while their hearts ache

for loved ones dear,

But now’s the time to put it aside and

prove our worth.

We were all of one purpose that brief space in

time,

And I’ll always remember my brothers and

sisters.

Yes, you heard right when I said, ‘‘Sisters’’,

For the women were there too, doing their

share to hold the line.

It’s long past time to mourn our fallen comrades I say,

But praise is overdue for the sacrifice they

made.

Forgive me, my friends, for the long delay,

and may a wreath in honor of you be

laid,

And finally a lasting tribute is dedicated

to all this day.

For freedoms sake, let this valiant band

Remember how we prevailed, . . . Both

sides of the line.

f∑

HONORING MAJ. GEN. RONALD E.

BROOKS

∑ Mr. LUGAR. Mr. President, I rise

today to honor the accomplishments of

Maj. Gen. Ronald E. Brooks. General

Brooks’ patriotism and service to our

country have been impressive. America

should be proud of his dedication and

hard work around the world. I would

like to elaborate a moment on General

Brooks’ tremendous career, which he

will complete this fall.

General Brooks grew up in Tennessee

and began his military service in the

Reserve Officers Training Corps at East

Tennessee State University. In 1961, he

earned the bachelor of science degree

in business administration from that

institution and was commissioned in

the U.S. Army. He later earned the

master of business administration degree from Butler University. General

Brooks has also studied at the Army

War College and the U.S. Army Command and General Staff College.

General Brooks has a military record

of distinction. Beginning as a platoon

leader in the 2d Infantry Division, General Brooks rose steadily in a number

of administrative positions. In addition

to service throughout the United

States, he has served as commander of

the transfer and reception station in

Puerto Rico, and as an adjutant general in Vietnam and in Europe. The

culmination of his distinguished work

came in 1990, when he assumed command of the U.S. Army Soldier Support

Center at Fort Benjamin Harrison in

Indiana.

Mr. President, I am pleased today to

pay tribute to a great American. General Brooks stands as a symbol of

American military achievement, and it

is my privilege to salute his life and

work.

CHILDREN ARE THE VICTIMS OF

∑

NATIONAL POLICIES

f∑ Mr. SIMON. Mr. President, Abigail

Trafford of the Washington Post wrote

a commentary recently that I ask be

printed in the RECORD at the end of my

remarks. She writes that we as a Nation care immensely when tragedies involving individual children come to our

attention, but we fail to care enough

for children who are hurt by our national policies.

A recent example of this is our national sense of outrage and compassion

regarding the children killed in the