To reinstate and extend the deadline for commencement of construction of a hydroelectric project in the State of Illinois.

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate, on Wednesday, March 12 at 10:00 a.m. to consider pending calendar business.

Agenda Item No. 1.--To consider the nomination of Joseph T. Kelliher to be a Member of the Federal Electricity Regulatory Commission.

Agenda Item No. 2: S. 164--To authorize the Secretary of the Interior to conduct a special resource study of sites associated with the life of Cesar Estrada Chavez and the farm labor movement.

Agenda Item No. 3: S. 212--To authorize the Secretary of the Interior to cooperate with the High Plains Aquifer States in conducting a hydrogeologic characterization, mapping, modeling, and monitoring program for the High Plains Aquifer and for other purposes.

Agenda Item No. 4: S. 278--To make certain adjustments to the boundaries of the Mount Naomi Wilderness Area, and for other purposes.

Agenda Item No. 7: S. 347--To direct the Secretary of the Interior and the Secretary of Agriculture to conduct a joint special resources study to evaluate the suitability and feasibility of establishing the Rim of the Valley Corridor as a unit of the Santa Monica

Mountains National Recreation Area, and for other purposes.

Agenda Item No. 8: S. 425--To revise the boundary of the Wind Cave National Park in the State of South Dakota.

Agenda Item No. 9: H.R. 397--To reinstate the license and extend the deadline for commencement of construction of a hydroelectric project in the State of Illinois.

Staff is working on amendments to Agenda Item No. 6: S. 328--To designate Catoctin Mountain Park in the State of Maryland as the ``Catoctin Mountain National Recreation Area'', and for other purposes. If a resolution can be achieved this item will be considered.

In addition, the Committee may turn to any other measures that are ready for consideration.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Wednesday, March 12, 2003, at 10:00 a.m., to hear testimony on Welfare Reform: Building on Success.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, March 12, 2003 at 11:30 a.m. to hold a Committee Business Meeting.

Agenda

The Committee will consider and vote on the following agenda items:

Treaties: Treaty Doc. 107-19, Tax Convention with the United Kingdom; Treaty Doc. 107-20, Protocol Amending Tax Convention with Australia; Treaty Doc. 108-3, Protocol Amending Tax Convention with Mexico.

FSO appointment/promotion list: 1. Sebranek, Lyle J., et al, dated January 28, 2003.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, March 12, 2003 at 2:30 p.m. to hold a hearing on Regional Implications of the Changing Nuclear Equation on the Korean Peninsula.

Agenda

Witnesses

Panel 1: The Honorable James A. Kelly, Assistant Secretary for East Asian and Pacific Affairs, Department of State, Washington, DC.

Panel 2: The Honorable James Lilley, American Enterprise Institute, Washington, DC; Dr. Victor D. Cha, Associate Professor, Department of Government and the Edmund Walsh School of Foreign Service, Georgetown University, Washington, DC; Dr. Bates Gill, Freeman Chair in China Studies, CSIS, Washington, DC.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a judicial nominations hearing on Wednesday, March 12, 2003, at 2 p.m. in the Dirksen Senate Office Building, Room 226.

Tentative Agenda

Panel I: The Honorable Richard G. Lugar, United States Senator (R- IN); The Honorable Evan Bayh, United States Senator (D-IN); The Honorable John W. Warner, United States Senator (R-VA); The Honorable George F. Allen, United States Senator (R-VA); The Honorable Dianne Feinstein, United States Senator (D-CA); The Honorable Kay Bailey Hutchison, United States Senator (R-TX); The Honorable John Cornyn, United States Senator (R-TX).

Panel II: Comac J. Carney to be United States District Judge for the Central District of California; James V. Selna to be United States District Judge for the Central District of California; Philip P. Simon to be United States District Judge for the North District of Indiana; Theresa Lazar Springmann to be United States District Judge for the Northern District of Indiana. Mary Ellen Coster Williams to be Judge for the Court of Federal Claims; Victor J. Wolski to be Judge for the Court of Federal Claims.

Panel III: Ricardo H. Hinojosa to be U.S. Sentencing Commissioner; Michael E. Horowitz to be U.S. Sentencing Commissioner.

Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Wednesday, March 12, 2003, for a joint hearing with the House of Representatives' Committee on Veterans' Affairs, to hear the legislative presentation of the Veterans of Foreign Wars.

The hearing will take place in room 345 of the Cannon House Office Building at 10:00 a.m.

Mr. President, I ask unanimous consent that the Subcommittee on Airland of the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, March 12, 2003, at 3 p.m., in open session to receive testimony on Army Transformation, in review of the defense authorization request for fiscal year 2004 and the future years defense program.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation, Subcommittee on Oceans, Atmosphere, and Fisheries be authorized to meet on Wednesday, March 12, 2003, at 2:30 p.m., in SR-253, for a hearing on the Coast Guard and NOAA fiscal year 2004 budget requests.

Mr. President, I ask unanimous consent that the Subcommittee on Strategic Forces of the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, March 12, 2003, at 9:30 a.m., in open session to receive testimony on national security space programs and management in review of the defense authorization request for fiscal year 2004.

Mr. President, I ask unanimous consent that the Committee on the Judiciary Subcommittees on Terrorism, Technology and Homeland Security and on Border Security, Immigration and Citizenship be authorized to meet to conduct a joint hearing on ``Border Technology: Keeping Terrorists out of the United States--2003'' on Wednesday, March 12, 2003, at 10:00 a.m. in Room 226 of the Dirksen Senate Office Building.

Tentative Witness List

Panel I: The Honorable Asa Hutchinson, Undersecretary for Border and Transportation, U.S. Department of Homeland Security, Washington, DC; Accompanied by: Robert Mocny, Director of Entry-Exit Program, Bureau of Immigration and Customs Enforcement, Washington, DC; Woody Hall, Interim Director, Office of Information & Technology, Bureau of Customs and Border Protection, Washington, DC.

Panel II: Nancy Kingsbury, Managing Director of Applied Research and Methods, U.S. General Accounting Office, Washington, DC; Stephen E. Flynn, Jeane J. Kirkpatrick Senior Fellow in National Security Studies, Council on Foreign Relations, New York, NY.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Thursday, March 6, 2003, at 9:30 a.m., in open session to receive testimony on the Defense authorization request for fiscal year 2004 and the future years Defense program.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, March 6, 2003, at 9:30 a.m., to hold a hearing on ``An Agreed Framework for Dialogue'' with North Korea.

Agenda

Witnesses

Panel 1: The Honorable Dr. Ashton B. Carter, Co-Director, Preventive Defense Project, Harvard University, Cambridge, MA; Dr. Arnold Kanter, Principal, The Scowcroft Group, Washington, DC; and Mr. Robert J. Einhorn, Senior Advisor, International Security Program, CSIS, Washington, DC.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, March 6, 2003, at 9:30 a.m., in Dirksen Room 226.

Agenda

I. Nominations

Timothy M. Tymkovich to be U.S. Court of Appeals Judge for the Tenth Circuit; J. Daniel Breen to be US District Judge for the Western District of Tennessee; Thomas A. Varlan to be US District Judge for the Eastern District of Tennessee; William H. Steele to be US District Judge for the Southern District of Alabama; and Humberto S. Garcia to be US Attorney for the District of Puerto Rico.

II. Committee Business

Committee Rules Subcommittee Organization

III. Bills

S. 253, A bill to amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns. [Campbell/Leahy/Hatch/ Grassley/DeWine/Kyl/Sessions/Craig/Cornyn/Graham/Feinstein/Schumer/ Edwards].

S. 113, A bill to exclude United States persons from the definition of ``foreign power'' under the Foreign Intelligence Surveillance Act of 1978 relating to international terrorism.[Kyl/Hatch/DeWine/Schumer/ Chambliss].

Mr. President, I ask unanimous consent that the Committee on Veterans' Affairs be authorized to meet during the session of the Senate on Thursday, March 6, 2003, for a joint hearing with the House of Representatives' Committee on Veterans' Affairs, to hear the legislative presentation of the Military Order of the Purple Heart, the Paralyzed Veterans of America, Jewish War Veterans, Blinded Veterans Association, the Non-Commissioned Officers Association.

The hearing will take place in room 345 of the Cannon House Office Building at 10 a.m.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on Thursday, March 6, 2003, at 2:30 p.m., to hold a closed hearing.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions, Subcommittee on Employment, Safety, and Training be authorized to meet for a hearing on ``The Workforce Investment Act: The Administration's Approach to Reauthorization'' during the session of the Senate on Thursday, March 6, 2003, at 10 a.m., in SD-430.

Mr. President, I ask unanimous consent that the Committee on Governmental Affairs Subcommittee on Oversight of Government Management, the Federal Workforce and the District of Columbia be authorized to meet on Thursday, March 6, 2003, at 9:30 a.m., for a hearing entitled ``Evaluating Human Capital at the National Aeronautics and Space Administration'' to examine the status of NASA's workforce and consider proposed personnel flexibilities to assist the agency in achieving this mission.

Mr. President, I ask unanimous consent that the Subcommittee on Readiness and Management Support of the Armed Services Committee be authorized to meet during the session of the Senate on Thursday, March 6, 2003, at 2 p.m., in open session to receive testimony on Department of Defense Installation and Environmental Programs, in review of the Defense authorization request for fiscal year 2004.

Witnesses: Honorable Hansford T. Johnson, Acting Secretary of the Navy; Mr. Raymond F. DuBois, Jr., Deputy Under Secretary of Defense (Installations and Environment); Honorable Mario P. Fiori, Assistant Secretary of the Army (Installations and Environment); and Honorable Nelson F. Gibbs, Assistant Secretary of the Air Force (Installations, Environment, and Logistics).

Mr. President, I ask unanimous consent that the Subcommittee on Water and Power, Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, March 6, at 2:30 p.m., to receive testimony on S. 212, a bill authorizing the Secretary of the Interior to cooperate with the High Plains States in conducting a hydrogeologic characterization, mapping, modeling, and monitoring program for the High Plains aquifer and for other purposes; and S. 220 and H.R. 397, bills to reinstate and extend the deadline for commencement of construction of a hydroelectric project in the State of Illinois.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 397) to reinstate and extend the deadline for commencement of construction of a hydroelectric project in the State of Illinois.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this legislation and to insert extraneous material on the bill.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today in support of H.R. 397, a bill that I introduced. H.R. 397, which passed the Committee on Energy and Commerce by voice vote, will help the city of Carlyle, Illinois, construct a hydroelectric power plant on Carlyle Lake in my district. This plant will enable communities in southwestern Illinois to use water flowing through the Carlyle Lake Dam to help meet their energy needs.

In 1967 the Army Corps of Engineers formed Carlyle Lake by building a dam on the Kaskaskia River. Since the lake was formed, surrounding communities have not had a hydroelectric power plant to make use of the lake's tremendous potential as a renewable energy source. The Federal Energy Regulatory Commission, known as FERC, granted Southwestern Electric Cooperative a license to begin construction of a power plant in 1997. But the cooperative surrendered the license after it was unable to begin the project in the required time period. This legislation would permit the FERC to reinstate Southwestern Electric Cooperative's license and extend the deadline to begin construction so that there is time to properly design a facility.

This generating facility will utilize the already-existing dam, helping to reduce the cost and minimize any environmental concerns. The city of Carlyle estimates that the hydroelectric power plant would provide more than one third its annual energy needs.

Mr. Speaker, I encourage all my colleagues to join me in supporting this legislation.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, I yield myself 2 minutes.

I rise in support of H.R. 397, introduced by the gentleman from Illinois (Mr. Shimkus) on the Committee of Energy and Commerce. H.R. 397 extends the deadline for commencement of construction for up to 6 years. Not counting the years in which the license was surrendered, this potentially amounts to 9 years for the licensee to commence construction. The legislation provides for up to three consecutive 2- year extensions instead of a single 6-year extension to ensure that the licensee must continue to meet Federal Power Act section 13 requirements to prosecute construction in good faith and with due diligence before obtaining each 2-year extension.

This requirement to move forward in good faith and due diligence is important because when someone holds a license, but fails to develop a project, that someone is potentially preventing others from developing the site for hydropower or other uses. Sometimes a licensee who is not developing a site may in fact be purposely using license extensions to prevent other potential applicants from developing it, a process known as ``site banking.'' While FERC is not aware of any other party that is interested in this particular case in developing this site, if FERC determines a licensee is not prosecuting construction in good faith and with due diligence, the agency can in fact refuse to grant a request for an additional 2-year extension, can terminate the license, and make the site available for other uses. This is appropriate public policy.

The author deserves credit for crafting the legislation in this manner. I urge my colleagues to pass the bill.

Mr. Speaker, I yield back the balance of my time.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on Water and Power of the Committee on Energy and Natural Resources.

The hearing will be held on Thursday, March 6, 2:30 p.m. in Room SD- 366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on S. 212, a bill authorizing the Secretary of the Interior to cooperate with the High Plains States in conducting a hydrogeologic characterization, mapping, modeling and monitoring program for the High Plains Aquifer and for other purposes; and S. 220 and H.R. 397, bills to reinstate and extend the deadline for commencement of construction of a hydroelectric project in the State of Illinois. (Contact: Shelly Randel regarding S. 212 at 202-224-7933, Kellie Donnelly regarding S. 220 and H.R. 397 at 202-224-49360 or Jared Stubbs at 202-224-7556).

Because of the limited time available for the hearings, witnesses may testify by invitation only. However, those wishing to submit written for the hearing record should send two copies of their testimony to the Subcommittee on Water and Power, Committee on Energy and Natural Resources, United States Senate, Washington, D.C. 20510-6150.