The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the U.S. Dept. of Energy was published in the Senate section on pages S2090-S2092 on March 19, 2002.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 3033. Mr. LOTT proposed an amendment to amendment SA 2989 proposed by Mrs. Feinstein (for herself, Ms. Cantwell, Mr. Wyden, Mrs. Boxer, Mr. Leahy, Mr. Durbin, Mr. Fitzgerald, and Mr. Corzine) to the amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
At the appropriate place, add the following:
SEC. . FAIR TREATMENT OF PRESIDENTIAL JUDICIAL NOMINEES.
(a) Findings.--The Senate finds that--
(1) the Senate Judiciary Committee's pace in acting on judicial nominees thus far in this Congress has caused the number of judges confirmed by the Senate to fall below the number of judges who have retired during the same period, such that the 67 judicial vacancies that existed when Congress adjourned under President Clinton's last term in office in 2000 have now grown to 96 judicial vacancies, which represents an increase from 7.9 percent to 11 percent in the total number of Federal judgeships that are currently vacant;
(2) thirty one of the 96 current judicial vacancies are on the United States Courts of Appeals, representing a 17.3 percent vacancy rate for such seats;
(3) seventeen of the 31 vacancies on the Courts of Appeals have been declared ``judicial emergencies'' by the Administrative Office of the U.S. Courts;
(4) during the first 2 years of President Reagan's first term, 19 of the 20 circuit court nominations that he submitted to the Senate were confirmed; and during the first 2 years of President George H. W. Bush's term, 22 of the 23 circuit court nominations that he submitted to the Senate were confirmed; and during the first 2 years of President Clinton's first term, 19 of the 22 circuit court nominations that he submitted to the Senate were confirmed; and
(5) only 7 of President George W. Bush's 29 circuit court nominees have been confirmed to date, representing just 24 percent of such nominations submitted to the Senate.
(b) Sense of the Senate.--It is the Sense of the Senate that, in the interests of the administration of justice, the Senate Judiciary Committee shall hold hearings on the nominees submitted by the President on May 9, 2001, by May 9, 2001.
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SA 3034. Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill H.R. 2356, to amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign reform; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. ____. LIMITATION ON ACCEPTANCE OF OUT-OF-STATE
CONTRIBUTIONS BY CANDIDATES.
(a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 318, is further amended by adding at the end the following new section:
``limitation on acceptance of out-of-state contributions by candidates
``Sec. 325. (a) Limitation.--
``(1) Senate candidates.--A Senate candidate and the candidate's authorized committee shall not accept, during an election cycle, contributions from persons other than individuals residing in the candidate's State in an amount exceeding 40 percent of the total amount of contributions accepted during the election cycle.
``(2) House candidates.--A House candidate and the candidate's authorized committee shall not accept, during an election cycle, contributions from persons other than individuals residing in the candidate's congressional district in an amount exceeding 40 percent of the total amount of contributions accepted during the election cycle.
``(b) Time To Meet Requirement.--A candidate shall meet the requirement of the applicable paragraph of subsection (a) on the date for filing the post-general election report under section 304(a)(2)(A)(ii).''.
(b) Definitions.--Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431), as amended by section 304(c), is further amended by adding at the end the following new paragraphs:
``(27) Senate candidate.--The term `Senate candidate' means a candidate who seeks nomination for election, or election, to the Senate.
``(28) House candidate.--The term `House candidate' means a candidate who seeks nomination for election, or election, to the House of Representatives.''.
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SA 3035. Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill H.R. 2356, to amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign reform; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. ____. LIMIT ON CONGRESSIONAL USE OF THE FRANKING
PRIVILEGE.
Section 3210(a)(6)(A) of title 39, United States Code, is amended to read as follows:
``(A) A Member of Congress shall not mail any mass mailing as franked mail during a year in which there will be an election for the seat held by the Member during the period between January 1 of that year and the date of the general election for that office, unless the Member has made a public announcement that the Member will not be a candidate for election to any Federal office in that year
(including the office held by the Member).''.
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SA 3036. Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill H.R. 2356, to amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign reform; which was ordered to lie on the table; as follows:
At the end, add the following:
SEC. ____. RIGHTS OF EMPLOYEES RELATING TO THE PAYMENT AND
USE OF LABOR ORGANIZATION DUES.
(a) Payment of Dues.--
(1) Rights of employees.--Section 7 of the National Labor Relations Act (29 U.S.C. 157) is amended by striking
``membership'' and all that follows and inserting the following: ``the payment to a labor organization of dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation as a condition of employment as authorized in section 8(a)(3).''.
(2) Unfair labor practices.--Section 8(a)(3) of the National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended by striking ``membership therein'' and inserting ``the payment to such labor organization of dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation''.
(b) Requirements for Use of Dues for Certain Purposes.--
(1) Written agreement.--Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following:
``(h)(1) An employee subject to an agreement between an employer and a labor organization requiring the payment of dues or fees to such organization as authorized in subsection
(a)(3) may not be required to pay to such organization, nor may such organization accept payment of, any dues or fees not related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation unless the employee has agreed to pay such dues or fees in a signed written agreement that shall be renewed between the first day of September and the first day of October of each year.
``(2) Such signed written agreement shall include a ratio, certified by an independent auditor, of the dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation and the dues or fees related to other purposes.''.
(2) Written assignment.--Section 302(c)(4) of the Labor Management Relations Act, 1947 (29 U.S.C. 186) is amended by inserting before the semicolon the following: ``: Provided further, That no amount may be deducted for dues unrelated to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation unless a written assignment authorizes such a deduction''.
(c) Notice to Employees Relating to the Payment and Use of Dues.--Section 8 of the National Labor Relations Act (29 U.S.C. 158), as amended by subsection (b)(1), is amended by adding at the end the following:
``(i)(1) An employer shall post a notice that informs the employees of their rights under section 7 of this Act and clarifies to such employees that an agreement requiring the payment of dues or fees to a labor organization as a condition of employment as authorized in subsection (a)(3) may only require that employees pay to such organization any dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation. A copy of such notice shall be provided to each employee not later than 10 days after the first day of employment.
``(2) The notice described in paragraph (1) shall be of such size and in such form as the Board shall prescribe and shall be posted in conspicuous places in and about the plants and offices of such employer, including all places where notices to employees are customarily posted.''.
(d) Employee Participation in the Affairs of a Labor Organization.--Section 8(b)(1) of the National Labor Relations Act (29 U.S.C. 158(b)(1)) is amended by striking
``therein;'' and inserting the following: ``therein, except that, an employee who is subject to an agreement between an employer and a labor organization requiring as a condition of employment the payment of dues or fees to such organization as authorized in subsection (a)(3) and who pays such dues or fees shall have the same right to participate in the affairs of the organization related to collective bargaining, contract administration, or grievance adjustment as any member of the organization;''.
(e) Disclosure to employees.--
(1) Expenses reporting.--Section 201(b) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(b)) is amended by adding at the end the following:
``Every labor organization shall be required to attribute and report expenses by function classification in such detail as necessary to allow the members of such organization or the employees required to pay any dues or fees to such organization to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes.''.
(2) Report information.--Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is amended--
(A) by inserting ``and employees required to pay any dues or fees to such organization'' after ``members'';
(B) by striking ``suit of any member of such organization'' and inserting ``suit of any member of such organization or employee required to pay any dues or fees to such organization''; and
(C) by striking ``such member'' and inserting ``such member or employee''.
(3) Regulations.--The Secretary of Labor shall prescribe such regulations as are necessary to carry out the amendments made by this subsection not later than 120 days after the date of enactment of this Act.
(f) Effective Dates.--
(1) In general.--Except as provided in subparagraph (B), this section and the amendments made by this section shall take effect on the date of enactment of this Act.
(2) Use of dues.--The amendments made by subsections (b) and (c) shall take effect on the date that is 60 days after the date of enactment of this Act.
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SA 3037. Mr. TORRICELLI (for himself and Mr. Corzine) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place insert the following:
SEC. ____. EXTENSION OF SUPERFUND, OIL SPILL LIABILITY, AND
LEAKING UNDERGROUND STORAGE TANK TAXES.
(a) Excise Taxes.--
(1) Superfund taxes.--Section 4611(e) is amended to read as follows:
``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of the Energy Policy Act of 2002 and before October 1, 2007.''.
(2) Oil spill liability tax.--Section 4611(f) is amended to read as follows:
``(f) Application of Oil Spill Liability Trust fund Financing Rate.--The Oil Spill Liability Trust Fund financing rate under subsection (c) shall apply after December 31, 1989, and before January 1, 1995, and after the date of the enactment of the Energy Policy Act of 2002 and before October 1, 2007.''.
(3) Leaking underground storage tank rate.--Section 4081(d)(3) is amended by striking ``April 1, 2005'' and inserting ``October 1, 2007.''.
(b) Corporate Environmental Income Tax.--Section 59A(e) is amended to read as follows:
``(e) Application of Tax.--The tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996, and to taxable years beginning after the date of the enactment of the Energy Policy Act of 2002 and before January 1, 2007.''.
(c) Technical Amendments.--
(1) Section 4611(b) is amended--
(A) by striking ``or exported from'' in paragraph (1)(A),
(B) by striking ``or exportation'' in paragraph (1)(B), and
(C) by striking ``and Exportation'' in the heading.
(2) Section 4611(d)(3) is amended--
(A) by striking ``or exporting the crude oil, as the case may be'' in the text and inserting ``the crude oil'', and
(B) by striking ``or exports'' in the heading.
(d) Effective Dates.--
(1) Excise taxes.--The amendments made by subsections (a) and (c) shall take effect on the date of the enactment of this Act.
(2) Income tax.--The amendment made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act.
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SA 3038. Mr. KYL (for himself, Mr. Miller, Mr. Warner, Mr. Murkowski, and Mr. Voinovich) proposed an amendment to amendment SA 3016 proposed by Mr. Bingaman to the amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
In lieu of the matter proposed to be inserted, insert the following:
(a) Requirement.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:
``(14) Green energy.--
``(a) Each electric utility shall offer to retail consumers electricity produced from renewable sources, to the extent it is available.
``(b) Renewable sources of electricity include solar, wind, geothermal, landfill gas, biomass, hydroelectric and other renewable energy sources, as may be determined by the appropriate state regulatory authority.''
(b) Preservation of State Authority.--Nothing in this Act affects the authority of a State to establish a program requiring that a portion of the electric energy sold by a retail electric supplier to electric consumers in that State be generated by energy from any particular type of energy.
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SA 3038. Mr. REID (for Mr. Bingaman) proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
On page 555, line 14, after ``secretary'', insert
``shall''.
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