Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, SEPTEMBER 17, 1996 No. 128 Senate The Senate met at 9:30 a.m. and was SCHEDULE think, during the next few days, as we called to order by the President pro Mr. LOTT. Mr. President, this morn- try to come to the conclusion of this tempore [Mr. THURMOND]. ing the Senate will immediately begin session, Senators need to be very hesi- consideration of the conference report tant to request such delays in votes. I remind all Senators that, if they in- PRAYER to accompany the energy and water appropriations bill. Following the debate, sist on offering nongermane amend- The Chaplain, Dr. Lloyd John at 11 o’clock the Senate will then re- ments to these appropriations meas- Ogilvie, offered the following prayer: sume consideration of the Interior ap- ures, it will only delay disposition of Gracious, loving Father, who has propriations bill, with the Bumpers the important spending bills as we ap- taught us to give thanks for all things, amendment regarding grazing fees proach the end of the fiscal year. to dread nothing but the loss of close- pending. The Senate will recess for the Also, we are going to work very hard ness with You, and to cast all our cares party conference lunches between the this afternoon and tomorrow and on You, who cares for us, set us free hour of 12:30 and 2:15 p.m. At 2:15, there Thursday to see if we cannot take up from timerous timidity when it comes will be an additional 20 minutes for de- some other issues. Always we try to to living the absolutes of Your Com- bate on the Bumpers amendment and, work on conference reports when they mandments and speaking with the au- following that debate, the Senate will are available, particularly if they are thority of Your truth. We are living in proceed to two consecutive votes, first appropriations conference reports. We a time of moral confusion. We talk a on or in relation to the Bumpers are working to see if we can get some amendment to be followed immediately great deal about values, but have lost clear understanding on time and very by a vote on adoption of the energy and our grip on Your standards. Bring us tight limit on amendments, if any, on water appropriations conference re- back to the basics of honesty, integ- the Federal Aviation Administration port. rity, and trustworthiness. We want to authorization. We need to get that Following those votes, the Senate be authentic people rather than profes- done before we leave. I would like to will resume consideration of the Inte- sional caricatures of character. May see if we cannot get that done tonight, rior appropriations bill and additional people know that they will get what with the debate occurring after we votes can be expected on amendments they see. Free us from capricious complete debate or action on the Inte- to that bill this afternoon. It is hoped, dissimulations, from covered duality, rior appropriations. We might take up with the cooperation of our colleagues, from covert duplicity. Instead of ma- the FAA authorization, say at 6 or 7, the Senate can complete action on the and let all the debate time go on to- nipulating with power games, help us Interior appropriations bill this motivate with patriotism, grant us the night with vote or votes on that occur- evening, hopefully. ring first thing in the morning. passion we knew when we first heard Again, Senators can expect busy ses- Tomorrow I would like to see if Your call to political leadership, the sions this week and should plan accord- maybe we can do the Magnuson fish- idealism we had when we were driven ingly. It will be almost impossible to eries bill. We have a lot of work done by a cause greater than ourselves, and complete our Senate business in the on that. We need to get it done before the inspiration we knew when Your time we have allocated if Members ex- Spirit was our only source of strength. pect no rollcall votes in the evenings we leave. Again, maybe we could work May this be a day to recapture our first because of prior commitments. Last on the debate during tomorrow night, love for You and our first priority of week I had requests: That we not have with votes occurring on Thursday glorifying You by serving our Nation. votes during the day on Monday or on morning. In the name of our Lord and Savior. Monday night; please do not have one We are also going to see what sort of Amen. on Tuesday morning; could we not have time would be desired if we took up the one on Wednesday night; how about on maritime bill. f Thursday? I was thinking maybe we So, my thinking is during the day, could just stack all the votes at 10 for the most part we will stay on the RECOGNITION OF THE MAJORITY o’clock on Wednesday. appropriations bills, either Interior ap- LEADER I would like to accommodate all Sen- propriations or the energy and water ators, and many of these requests are conference report, as we are doing this The PRESIDENT pro tempore. The very legitimate. Sometimes they are morning, and then at night we will try able majority leader, Senator LOTT, is based on very important commitments to take up some of these authoriza- recognized. or illness or all kinds of things. But I tions that have been agreed to or we

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

S10617

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10618 CONGRESSIONAL RECORD — SENATE September 17, 1996 are trying to get agreement on. That The distinguished Senator from New To the best of our abilities, the con- way we can make good progress during Mexico is recognized. ferees have sought to protect science the week. Mr. DOMENICI. Mr. President, I am and technology programs from signifi- I want to emphasize something I said pleased to bring to the floor the con- cant reductions while providing for the about nongermane amendments. We ference report to accompany H.R. 3816, water projects of importance to so have good managers of this bill. This is the Energy and Water Development many Members. an important bill. Yes, it has some con- Appropriations Act for fiscal year 1997. In essence, this is a very interesting troversial features in many and various This conference report passed the bill. Clearly, a majority of the funding areas, but you have the chairman of House last Thursday by a vote of 383 to goes to the Department of Defense ac- the committee, Senator SLADE GORTON, 29. I thank again the former chairman tivities within the DOE. Nonetheless, who has been doing very good work, of the subcommittee, and now ranking there is a large portion that is not de- and the ranking member from West member, for his assistance in devel- fense activities, and that is domestic Virginia, Senator BYRD, who are cer- oping this bill. activities which essentially are made tainly two of the best managers we I also thank the chairman of the full up predominantly of water projects, have. I urge my colleagues do not come Appropriations Committee, former reclamation projects, and the like, of in with a lot of nongermane amend- chairman and ranking member of the both the Corps of Engineers and the ments. Last week we saw over 10 Energy and Water Development Sub- Bureau of Reclamation. Everyone amendments offered, most of them committee, Senator HATFIELD, for his knows with reference to both of those nongermane. help in bringing this bill before the entities and the projects that as they Senate. His guidance and assistance I have been playing it straight. I am run, operate, start, and complete, the with regard to allocations has been of trying to see that we get our work funding is going down, not up. tremendous importance, and the sub- done. But, if we wind up seeing this is Again, we were not able to give every committee is indebted to his leader- just a political game, then we will not State the projects in flood control and ship. the like that Senators had requested, be able to get this legislation done. This conference report is consistent And we will not tolerate it. Then we with the allocations set forth in the but we think we have done as good a will get into a total political mode. We Senate Report 104–320. Specifically, the job as the money would permit. should do the business of the people conference provides $11.352 billion in Mr. President, on page 37 of the re- and then we can go out and campaign budget authority and $11.39 million in port before us there is a typographical for reelection based on political issues outlays for defense activities. error. I would like to just read the that we think need to be debated. We For nondefense activities, the con- paragraph at the bottom of page 37. should not do it here on the floor of the ference report provides $8,620,000,837 in The conferees have, however, included lan- Senate with nongermane amendments. budget authority and $8.884 billion in guage in the bill which directs the Secretary I hope that will not happen this week outlays. of the Army to begin implementing a plan to as it did last week, which caused us to These levels are significantly above reduce the number of division offices to no have to take down the Treasury-Post more than eight and no less than six on April the levels of the House-passed bill but 1, 1997, which provides authority for the Office appropriations bill. Apparently below the levels provided by the Senate Corps of Engineers to transfer up to $1.5 mil- we will not be able to get it back up. and passed as its energy and water de- lion into this account from other accounts in So we will just have to put that bill in velopment bill. this title to— the continuing resolution, which I hope Of the $700 million difference between ‘‘Mitigate’’ should be the word, and we can get an agreement on sometime the House and Senate on the proposed not ‘‘investigate.’’ by the end of the week and vote on in level of defense spending in this act, Mitigate impacts in the delay in the imple- some form next week. the conferees retain $500 million—a mentation of the division closure plan. Mr. President, I yield the floor. long way toward the Senate position Mr. President, I would like to take a f but still $200 million less than the Sen- ate-passed bill. few minutes and talk about the rank- ENERGY AND WATER DEVELOP- In other words, we funded $200 mil- ing member, Senator J. BENNETT JOHN- MENT APPROPRIATIONS ACT, lion more of defense programs in this STON, from the State of Louisiana, who 1997—CONFERENCE REPORT bill when it passed the Senate than has for many years been chairman of this subcommittee and has served in The PRESIDING OFFICER (Mr. this bill has in it as it returns from conference. various capacities, including chairman BROWN). Under the previous order, the For nondefense spending, the con- of the Energy and Natural Resources report on H.R. 3816 will be stated. ferees were provided an allocation of Committee of the Senate. He has de- The assistant legislative clerk read $100 million above the original House cided that he is not going to seek re- as follows: allocation—better than a split of the election, and thus will leave the Sen- The committee on conference on the dis- $187 million difference between the two ate. agreeing votes of the two Houses on the bills. Nonetheless, it is $87 million less In 1972, when I came to the U.S. Sen- amendment of the Senate to the bill (H.R. ate, I was met by a lot of new faces, 3816) making appropriations for energy and for the nondefense portion than it was water development for the fiscal year ending when it passed the Senate. people I had never known, or people I September 30, 1997, and for other purposes, Why do I make these points on the had perhaps read a little bit about. One having met, after full and free conference, $200 million and the $87 million? Be- of those new Senators was J. BENNETT have agreed to recommend and do rec- cause some projects and activities that JOHNSTON. ommend to their respective Houses this re- were in the bill as it passed the Senate I would like to state the relationship port, signed by a majority of the conferees. are not in the bill as it returns from for the last 24 years. While we have to The Senate proceeded to the consid- the House. That is because there was some extent gone our own ways in eration of the conference report. less money allocated and arrived at as work around here, Senator JOHNSTON (The conference report is printed in an agreement between the two bodies and the Senator from New Mexico have the House proceedings of the RECORD of on what could be spent from the over- had a rare opportunity to work to- September 12, 1996.) all budget. But, clearly, we are within gether in many, many areas that I be- The PRESIDING OFFICER. The time the caps established for defense. We lieve have been very important to our until 11 a.m. will be divided: 15 minutes have not used any more than the allo- country. He has become an expert in to the distinguished Senator from New cation. In fact, we returned some of the the area of nuclear energy. He is coura- Mexico [Mr. DOMENICI]; 15 minutes defense allocation to the full com- geous in that area second to none. He under the control of the Senator from mittee for them to use either in de- understands it. He is not frightened by Louisiana [Mr. JOHNSTON]; 15 minutes fense or otherwise. That will, obvi- it. He gets good science and good engi- under the control of the Senator from ously, be reallocated if it is not very neering. He takes the initiative to try Michigan [Mr. LEVIN]; the remaining 15 soon so that we can get on with trying to get the facts where many would seek minutes under control of the Senator to solve some of the problems in other not to have facts, but rather to predi- from Illinois [Mr. SIMON]. bills and other needs. cate their arguments on sentiments

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10619 and on ideologies. He seeks to get the Five times in the last 6 years the unanimous vote but was never able to facts in the field of energy. U.S. Senate has voted for legislation I secure a full Commerce Committee So I conclude that he is also one of have presented regarding this question hearing or full Commerce Committee the best experts on the research capa- of out-of-State trash, and voted so in a disposition of that issue. And so, be- bilities of our Nation in that he has fairly overwhelming, bipartisan fash- cause that has been stalled in the other worked diligently to understand the ion. The bills that we have presented body now for more than a year, because national laboratories, a number of have been the work of some very dili- our previous efforts have been frus- which are under the jurisdiction of the gent and painstaking work with our trated, sometimes in the House, some- Department of Energy. In fact, I be- colleagues and their staffs to attempt times in the Senate, but frustrated in lieve there is no better friend of basic to find a resolution to a very difficult terms of completing the process, I took science research than J. BENNETT problem that exists in almost every the opportunity, along with Senator JOHNSTON in the U.S. Congress. He has one of our States. LEVIN, to search out a vehicle which we not only spoken to it and has become Many of our States, because of their thought was as close to relevant as we expert at it, he has acted accordingly. population or their geographic loca- could get, and attach what the Senate He has become an ally of the United tion, environmental concerns or oth- had passed, on an overwhelming basis— States maintaining the highest level of ers, find themselves in a position where 94–6, a pretty solid vote—attach that to science in the Department of Energy they are not able to adequately dispose the energy and water appropriations through its nuclear defense labora- of the volumes of trash that are gen- bill. tories. erated on a day-to-day basis. Other That is not my preferred option. My Today, I want to thank him for his States have less density and capacity preferred option is to make it a stand- efforts, congratulate him for his wis- to receive some of that trash. alone bill, as we did in the Senate, and dom, his vision and, most of all, his We are not attempting to impede the have the House take it up in a stand- courage. And I believe I would be re- negotiated transfer of that trash from alone bill, but we were thwarted in miss if I did not say that J. BENNETT exporting States to importing States. that effort on the House side. So we JOHNSTON is without peer in the U.S. What we are attempting to do, and thought, is there a way we can jump- Senate when it comes to legislators. what I have attempted to do now over start this process in the House? So we When it comes to sitting around work- the last 6 or 7 years, is to fashion a way attached it to the energy and water ap- ing with Senators, trying to get a bill in which the importing States, of propriations bill, which then passed the passed, he is a master. He is going to be which I represent one, have a say in Senate and went over to the House. missed. This committee is going to the process. After some diligent efforts to encour- Right now, because the Supreme miss him. The Energy and Water Com- age the conference committee to pass Court has decreed over a number of de- mittee is going to miss him. The U.S. back to the House and the Senate their cisions that garbage, interstate trash, Senate will miss him, and the Congress conference bill with the Senate trash is considered interstate commerce, the will miss him. amendment attached, we were dis- States have virtually no authority to Mr. President, I see Senator COATS, appointed to learn that the House, de- regulate or to monitor or to place any from Indiana, on the floor. I inquire, spite some diligent efforts on the part limitations on the amount of out-of- would he like to speak on the bill now? of some Indiana colleagues and others, State trash that comes into their par- Mr. COATS. I have a hearing this friends in the House who supported this morning at 10. If I could do that now, I ticular States. effort, Congressman SOUDER, Congress- will not take a lot of time. I will be My effort has been to put them at the man BUYER, Congressman VISCLOSKY, table so that they can sit down with happy to do that. Republicans and Democrats, we were the exporting States and find a way to Mr. DOMENICI. I am going to yield not able to secure approval from the negotiate, if it is in their best inter- the floor so he can use some of his House conferees on this matter. So the est—and it is in the interest of many time. The other Senator who desired to energy and water bill conference report States to receive this because it is speak, for whom time is reserved, is comes back to us without the inter- commerce and it does generate rev- Senator SIMON from Illinois. I would state trash measure attached. like to put him on notice, at this point enue—but also to say that either we I am bitterly disappointed that once we do not intend to use our 45 minutes, cannot do this now or our own needs again we are unable to deal success- just a small portion of it. Senator have placed us in a situation where we fully with a problem that everybody JOHNSTON is not going to use any of his are at capacity and we cannot receive knows needs to be dealt with. It is not time. So, it would seem that the Sen- your trash, and you will have to work just my State of Indiana, which has ator from Illinois should be prepared to something else out. In other words, we seen a fairly dramatic decrease in the make his 15-minute remarks very soon. want to give the recipient communities amount of trash come into the State. I hope he will be prepared to do that. and States the right to dictate their I do not mean to make things own environmental future as it relates Since I have taken such a vocal and ac- unaccommodating but, frankly, we do to the generation of everyday trash, tive role, I think maybe the exporters not need 45 minutes. I do not have any which is literally millions of tons and trash haulers are trying to tone objections of any significant nature to across this country. down my rhetoric or dampen my en- this bill. Recognizing the problems of the ex- thusiasm for moving forward on this I yield at this point to the distin- porting States, recognizing the prob- legislation. But what has happened is guished Senator from Indiana. lems of the importing States, we have that trash has simply moved to an- The PRESIDING OFFICER. The Sen- been able to work with Senators, Gov- other State—Pennsylvania, Ohio, Ken- ator from Indiana is recognized. ernors, legislators, experts, waste haul- tucky, Michigan, Virginia. A number of Mr. COATS. Mr. President, I thank ers and others to fashion a compromise other States have now become un- the Senator from New Mexico for yield- piece of legislation which gives import- wanted recipients and virtually have ing this time. I asked for the time in ing States the right to say no or to no power to do anything about it. order to explain the situation to our limit reasonably, but which also pre- By the same token, we have seen a colleagues over the whole issue of out- serves the right of exporting States to fairly dramatic increase in the export of-State trash. enter into agreements with the recipi- of trash to Indiana. The first two quar- As my colleagues know, this has been ent States and/or counties and/or mu- ters of 1996 now total almost the entire an issue that I have been relentlessly nicipalities if they so desire. amount we received in 1995. So our line pursuing now for 7 years or so, with As I said, these measures have passed has gone back up, and the problem is great success in the U.S. Senate but the Senate in an overwhelmingly bipar- becoming serious again in Indiana. lousy success in the House of Rep- tisan fashion, only to hit a roadblock, But I am really here speaking for a resentatives, in terms of getting a bill particularly in the last Congress, in broad coalition of States, of members to conference that we can then work the House of Representatives. The rel- of both parties, of Governors who rep- out our differences on and put on the evant subcommittee in the House resent both the Democrat and Repub- President’s desk for signature. passed out a measure, I believe, by lican parties, of States that feel that

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10620 CONGRESSIONAL RECORD — SENATE September 17, 1996 they have no control over their envi- differences. Every effort that has been has different factions in regard to this ronmental future, over their environ- attempted over there has come up with bill. We were caught by those factions mental destiny. And they are basically an inability to finalize the process. So and something procedural that is not saying, ‘‘Look, we’re taking care of our we will be looking at that. part of the Senate’s business. We did problem intrastate, and we are simply I just want to put the majority lead- the right thing here in the Senate to asking that we have an opportunity to er and my colleagues on notice that give it a try. address successfully our environmental this issue is not going to go away. It is I thank you for your kind remarks goals in disposing of our own waste not getting any better. It is getting this morning. I think we did every- without being overwhelmed by some- much worse for many, many States. As thing we could and still get a bill on one else’s environmental problems that long as I have breath and am privileged are loaded onto trucks and loaded onto to represent the people of Indiana in appropriations. I yield the floor. trains, on a daily basis, shipped over- the U.S. Senate, I am going to look for The PRESIDING OFFICER. The Sen- night, and dumped in our landfills.’’ every way possible to pass this legisla- ator from Illinois is recognized. We have landfills in Indiana that, by tion to give our States and other Mr. SIMON. Mr. President, I thank referendum and painstaking efforts on States the right that I believe they my colleague from New Mexico for the part of municipalities, have been should constitutionally have to make yielding. created, with the promise to the tax- decisions that affect their own environ- payers, the promise to the citizens of mental destiny, their own futures, and I rise to express concern as to what is the community, that it will take care deal with their problems. not in this bill. Thanks to the coopera- of disposal needs for that municipality It is reasonable legislation. We have tion of Senator DOMENICI—on a piece of or that county for 15, 20, 30 years in the every reason to believe it is constitu- legislation that is cosponsored by Sen- future. And so bond referendums are tional legislation. The Court has clear- ator BROWN, the Presiding Officer—we passed, the taxpayers commit to it, ly said that this Congress has the au- did pass legislation authorizing re- only to find out those landfills are thority to regulate interstate com- search in the area of converting salt filled up in 2 years by a massive influx merce. We are not attempting to stop water to fresh water. of out-of-State waste over which we interstate commerce. We are simply Now, that may seem not very impor- have no ability to say no or to let us attempting to put the receiver and the tant, but long term, 20 years from reason together here. ‘‘We can’t take Senator at the table so they can rea- now—if I am around 20 years from now; sonably negotiate this flow of trash yours, but there’s one down the road the Presiding Officer will be around— from one State to another without im- that might be able to accept it, or you the headlines in the newspapers are not posing one State’s burden on another can enter into an agreement, and likely to be about oil. They are likely State, when that State has no ability maybe if we can work out some nego- to be about water. tiated payments, and so forth, we can to negotiate terms. create a bigger capacity, and we will I want to thank the Senator from Let me give a capsule of where we are take it to generate revenue for our New Mexico for his efforts in helping us in the world and what we need to do to communities and our schools and our to try to move the Senate position. I start moving ahead in the same way roads,’’ et cetera. want to thank the Senator from Lou- that Senator DOMENICI has been mov- So here we are now with the energy isiana, Senator JOHNSTON, for his ef- ing ahead on mental health. Some- and water conference report back with- forts. I know I have loaded their bill times you have to lose a few battles be- out the trash. Trash, once again, has with something that they were not fore you win the battles. We are in a been allowed to flow without any rea- happy to see, but yet they attempted situation where, depending on whose sonable restraints. I regret that. to advance the Senate position. They estimate you believe, in the next 45 to But I wanted to let my colleagues have been supporters of my efforts. I 60 years we will double the world’s pop- know the diligent efforts that we have appreciate their efforts. I know they ulation. Our water supply, however, is been making in the Senate, the rep- feel it is also unfortunate that we have constant. Now, you do not need to be resentation of our Senate conferees, not been able to move this. With that, an Einstein to understand we are head- Senator DOMENICI, Senator JOHNSTON, Mr. President, I yield the floor. ed for major problems. Yet 97 percent representing the Senate position, but The PRESIDING OFFICER. The Sen- of the world’s water we cannot use. It we simply were not able to prevail over ator from New Mexico has 31 minutes is salt water. We live on less than 3 the House position and those in charge remaining. percent of the water. I say less than 3 who wanted to keep the energy and Mr. DOMENICI. Mr. President, I am water appropriations report free of this going to speak for 2 minutes because I percent because a lot of the fresh water particular legislation. I realize it is not see Senator SIMON is here and would is tied up in snow and icebergs and directly relevant, but I am frustrated like to speak. other things. We are headed toward Senator MCCAIN asked that we seek a that I do not have any opportunity to major problems. rollcall vote. Therefore, I ask for the move the process forward except to The World Bank says in 20 years 35 yeas and nays. offer these kinds of amendments. The PRESIDING OFFICER. Is there a nations will have severe water prob- I will conclude simply by putting the sufficient second? lems. You can find substitutes for oil. majority leader on notice that Senator There is a sufficient second. There is no substitute for water. That LEVIN and I, Senator SPECTER and oth- The yeas and nays were ordered. is why people like President Sadat, the ers, are seriously considering adding an Mr. DOMENICI. I say to Senator late Prime Minister Rabin and others amendment to a continuing resolution COATS, I think oftentimes in the Con- have said if there is another war in the if, in fact, we have to have a congress it takes a lot longer for good Middle East, it will not be over land, it tinuing resolution—not because we things to get done than anybody will be over water. want to make the majority leader’s life around would ever imagine. I believe There have been people in the past any more difficult than it already is, the cause that the Senator is talking who have recognized this need. It is in- not because we want to delay the Sen- about here today is one of those. ate adjournment, not because we think The reason I helped on the floor is be- teresting, Mr. President, that Dwight it even necessarily belongs on a con- cause it is inconceivable to me that we Eisenhower, President of the United tinuing resolution, but because we will not make the Coats legislation the States, did on several occasions men- have literally run out of options. law of the land, it has such over- tion that this is an area we have to It will do no good in the Senate to whelming support in this body. If you move ahead on. In his final message to pass the bill a third time. The House really have a vote in the House of Rep- Congress, his final State of the Union has made every possible effort—maybe resentatives, it has overwhelming sup- Message, Dwight Eisenhower said one there are some other means they could port there. of the things we have to work on is use between now and the end of the ses- I am very sorry we are going to con- finding less expensive ways of con- sion to try to force the key people in ference with a major piece of author- verting salt water to fresh water. The the House to accept some type of legis- izing legislation that was not in the reality is the cost of fresh water is lation that deals with this so we can at House bill—that I could not succeed in gradually going up, the cost of least get to conference and resolve our keeping it there. Obviously, the House desalinating

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10621 water is gradually coming down, but enough food so that the quality of life who live near brackish pools that look there is a great gap there. That great for most people on the face of the like seas, they are so big. We have a gap is going to hurt us unless we move Earth has gone up. That will not con- giant one around the community of in the area of research. What I was try- tinue, unless we find another supply of Alamogordo, NM, a huge brackish un- ing to do and what we had on the floor water. derground reservoir. It varies in its de- here is we put $5 million out of the $14 Converting salt water to fresh water gree of salinization. On one end, it is million that are authorized. is inexpensive enough for drinking pur- almost fresh. On the other end, it is Dwight Eisenhower was not alone. In poses. But the difficulty is that almost contaminated mostly by salt. 1962, John F. Kennedy was asked at a 90 percent of the water we use is for in- It would transform many situations press conference, What is the most im- dustrial and agricultural purposes. in our Nation, much less the world, to portant scientific breakthrough you That, today, is far too expensive. water-supply long instead of water-sup- would like to see during your term as One of our problems in Government— ply short. I am not sure that $5 million President? He said, ‘‘You heard me and I say this to the Presiding Officer, would do the job. I think it is appro- talking about getting a man to the who is retiring along with me and, I priate—and the Senator alluded to it— Moon, but let me tell you if you really think, maybe looks at these things other countries are spending signifi- want to do something for humanity, we from a little perspective—one of our cant money. I know that in the Middle should find a less expensive way of con- problems in Government, as is the East substantial money is being spent verting salt water to fresh water.’’ problem in American business today, is by Israel, and others, in attempting to Almost 70 percent of the world’s pop- that we are much too short term in our make the scientific breakthroughs. Ob- ulation lives within 50 miles of the outlooks. In politics, we are looking at viously, we have many ways that we ocean. If we could get a breakthrough the next election and what is going to have proven up scientifically to on converting salt water to fresh happen. In business, it is the next quar- produce potable water for drinking. It water, California would not have the terly report or the next stockholders is economic in that sense. People are problems it is heading toward and Cali- meeting. One of the things, long term, going to have drinking water, because fornia could share water with New that is vital to humanity, is seeing to of a number of breakthroughs of the Mexico and other States. I was looking it that we have water—water to grow last decade, at rather reasonable rates. through reports on rural water dis- crops, water for industry, water to It is the larger context of need that de- tricts and was looking at New Mexico drink. This water that we take for salinization looks like a very exciting the other day, and in New Mexico, un- granted is not something that can be and much-needed technology that we like Illinois and many other States, taken for granted in the future. ought to work on. The Senator alluded to the last time there is an inadequate water supply for I mention this now not to raise oppo- we funded desalinization projects. The a lot of rural communities. Desalina- sition to this bill, but I will be trying last desalinization plant attempting to tion, in some cases converting brackish to put this small—and it is small, rel- make breakthroughs was actually water to fresh water—primarily we ative to where we should be—my col- Roswell, NM. It existed for 3 or 4 years have to be looking toward converting league, Senator HARRY REID said to after everything else was shut down in seawater to fresh water. And it is in- me, ‘‘It is almost embarrassing that we the program. Frankly, the costs were teresting—I was in Israel about 3 weeks are just asking for $5 million when you extremely high at that point, in terms ago. I met with the new Prime Minister have such a pressing need.’’ I am going and with former Prime Minister of whether we were anywhere close to a to do my best to see that on the con- breakthrough. I assume much tech- Shimon Peres. Let me tell you, every tinuing resolution we have some Israeli public official can speak very nology has gone through the pipeline money for this purpose. It really is since then, and we are probably getting knowledgeably about water because it vital to the future of our country. It is is so crucial to their future. We have closer. vital to the future of civilization. I I am sorry that the House would not not had a significant breakthrough hope we can move in a constructive di- accept your $5 million proposal. Obvi- since 1978 in this research. At one rection. ously, we had a lot of requests and a point, in current dollars, we were up to I yield the floor, Mr. President. shortage of money. On the domestic about $121 million a year that we were Mr. DOMENICI. Parliamentary in- side, which this would be, it is not part spending in research. It has gone down. quiry, Mr. President. How much time of the defense programs in this bill. We Incidentally, sometimes you acciden- remains now, and who has time? actually had to remove many projects, tally get breakthroughs. Through the The PRESIDING OFFICER. The Sen- or reduce them dramatically, that both breakthrough in reverse osmosis, we ator from New Mexico has 29 minutes Houses considered as being good. That developed a breakthrough in renal di- 22 seconds. The Senator from Illinois is because we did not have enough alysis for people who have kidney dis- has 4 minutes 54 seconds. money. This one fell to the House’s ac- ease. It used to be, if you had kidney In addition, other time is reserved for tion on the basis that they did not con- disease and you wanted to have renal Senator LEVIN from Michigan, who has sider it and they did not have appro- assistance, you had to go to a hospital. 15 minutes, and Senator JOHNSTON priate hearings in the House. I regret It was a very complicated process. It is from Louisiana, who has 15 minutes. that is the case. still not good, but there was a signifi- Mr. DOMENICI. Let me repeat, using I thank the Senator for his efforts. cant breakthrough. But we need to get my time, for Senator LEVIN, I under- Mr. SIMON. If my colleague will additional breakthroughs at this time. stand that, according to the consent yield, let me say that the conversion of It is just vital to the future of human- order, we could be here until 11, and, brackish water is less expensive than ity. technically, he could come here 15 min- the conversion of sea water. It is one of In areas that do not grow any crops, utes before and use his time. I hope he these areas where the two work to- like much of New Mexico, if you get tries to get here sooner than that be- gether. If we can find the answer for enough water there, all of a sudden, it cause we are going to be finished soon, one, we are going to find the answer for is going to be very productive land. and I will yield back whatever time I the other. There is nothing that could do as much have and leave the floor for Senator The Senator is correct that other na- to lift the standard of living of human- LEVIN. Let me take a couple of minutes tions are doing more. It is very inter- ity, as a whole, than to find less expen- to engage in dialog. esting that the metropolitan water dis- sive ways of converting salt water to Mr. SIMON. Mr. President, I yield trict of Los Angeles, which is the big- fresh water. When you double the the balance of my time. gest water district in the United world’s population—and I stress that Mr. DOMENICI. On my time, let me States—maybe in the world, I don’t every estimate is that we are going to compliment the Senator from Illinois. know—is doing some research on desa- double the world’s population either in As on much legislation around here, he linization. They are getting $3 million 45 years or 60 years. I have seen, in my has, again, taken a farsighted view. I in aid from Israel for their experiment, lifetime—and I was born in 1928—a tri- hope when you speak of living near for their research. You know, we really pling of the world population. Fortu- oceans, you will add to your thoughts should not have to depend on foreign nately, we have been able to produce and comments that there are millions aid to get this research done.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10622 CONGRESSIONAL RECORD — SENATE September 17, 1996 We ought to be working with other ENERGY AND WATER SUBCOMMITTEE—SPENDING ing its deliberations was the issue of countries. I am not going to be here TOTALS—CONFERENCE REPORT—Continued continuing funding for the Animas- next year. I hope we can get a small [Fiscal year 1997, in millions of dollars] LaPlata participating project in south- start for the $5 million yet this year in western Colorado. I appreciate the ef- Budget the continuing resolution. And then I author- Outlays forts of the conference committee for hope in the future, when Senator ity appropriating $9 million in fiscal year OMENICI PECTER D , Senator S , and others Nondefense discretionary ...... 8,708 8,969 1997 to permit the Bureau of Reclama- are here, that Senator DOMENICI can Violent crime reduction trust fund ...... tion to continue their efforts with con- push this area that is so important. Mandatory ...... struction costs associated with the A– Let me just add one final word. Total allocation ...... 20,308 20,202 LP project. Shimon Peres wrote a book in which he Adjusted bill total compared to Senate Subcommittee As was discussed in great length and says that the real key to stabilizing 602(b) allocation: voted upon previously in both Cham- the Middle East is finding less expen- Defense discretionary ...... ¥248 ¥194 Nondefense discretionary ...... ¥87 ¥85 bers of the Congress, the completion of sive ways of converting saltwater to Violent crime reduction trust fund ...... the A–LP participating project has freshwater. That was one of the points Mandatory ...... both tremendous Federal Indian policy that Dwight Eisenhower made a long Total allocation ...... ¥335 ¥279 implications as well as an incalculable time ago. Note: Details may not add to totals due to rounding. Totals adjusted for tangible impact for many water users I thank my colleague for yielding. consistency with current scorekeeping conventions. in southwest Colorado and northern BUDGET IMPACT OF H.R. 3816 Mr. D’AMATO. Mr. President, will New Mexico. When the Congress Mr. DOMENICI. Mr. President, H.R. the distinguished chairman of the sub- passed, and President Reagan signed 3816, the Energy and Water Develop- committee yield for a question? into law, the Colorado Ute Indian ment Appropriations Act, 1997, is well Mr. DOMENICI. I am happy to yield Water Rights Settlement Act of 1988, within its budget allocation of budget to my friend from New York. the Federal Government guaranteed to authority and outlays. Mr. D’AMATO. I thank my friend. the two Colorado Ute Indian tribes a The conference report provides $20 While there has been an overall reduc- final settlement of their outstanding billion in budget authority and $13.1 tion from the budget request for the water rights claims in a solution that billion in new outlays to fund the civil environmental restoration and waste would also allow them to put to use programs of the Army Corps of Engi- management nondefense account, I their entitled share of settlement neers, the Bureau of Reclamation, cer- would like to get an understanding water. tain dependent agencies, and most of from the chairman as to the priority In addition, the 1988 Settlement Act the activities of the Department of En- the committee places on meeting the ergy. When outlays from prior year reconfirmed the commitment of the vitrification and closure schedule at Federal Government to assist water budget authority and other actions are the West Valley demonstration project taken into account, this bill provides a users in the San Juan River basin in in western New York. The project has the development of an adequate water total of $19.9 billion in outlays. been able to maintain schedule and For defense discretionary programs, storage system. Cities such as Du- progress while accommodating budget rango, CO, to Farmington, NM, stand the conference report is below its allo- reductions over the past 6 years. cation by $248 million in budget au- to benefit from completion of the A–LP The project began pouring glass this project, and equally important, tradi- thority and $194 million in outlays. The summer and is currently poised to tional agricultural users will also ben- conference report also is below its non- complete this phase on or ahead of efit. defense discretionary allocation by $87 schedule. The project is also at a cru- million in budget authority and $85 cial juncture regarding the completion While I am glad the conference com- million in outlays. of the work necessary to ultimately mittee provided funding based on the Mr. President, I ask unanimous con- close the site. Would the chairman practical merits of the A–LP project, I sent that a table displaying the Budget agree that the Department of Energy am dismayed that actions of the ad- Committee scoring of this conference should spend the funds from this ac- ministration, particularly the Environ- report be inserted in the RECORD at count necessary to keep this project on mental Protection Agency [EPA], con- this point. schedule? tinue to cause undue and very costly There being no objection, the mate- Mr. DOMENICI. In order to stay delays to full implementation of the rial was ordered to be printed in the within the nondefense allocation pro- 1988 settlement. One very clear exam- RECORD, as follows: vided to the conferees it was necessary ple of the egregious behavior on the to reduce funding for a number of pro- part of the EPA is their inability to ENERGY AND WATER SUBCOMMITTEE—SPENDING grams including the nondefense Envi- work actively and constructively with TOTALS—CONFERENCE REPORT ronmental Restoration and Waste Man- the Bureau of Reclamation and other [Fiscal year 1997, in millions of dollars] agement Program. To the extent pos- Department of Interior agencies to resolve outstanding environmental com- Budget sible, the Department should apply author- Outlays those reductions in a manner that pliance issues on the project. ity minimizes delay and impact on on- As recently as a few weeks ago, the Defense discretionary: going, high priority activities such as EPA again requested of the Commis- Outlays from prior-year BA and other actions completed ...... 2,863 the West Valley demonstration project. sioner of the Bureau of Reclamation an H.R. 3816, conference report ...... 11,352 8,176 Mr. D’AMATO. I thank the chairman. additional 90 days to review the Final Scorekeeping adjustment ...... ANIMAS-LAPLATA PARTICIPATING PROJECT Supplemental Environmental Impact Subtotal defense discretionary ...... 11,352 11,039 Mr. CAMPBELL. Mr. President, I Statement [FSEIS]. Mr. President, this action comes after the EPA had al- Nondefense discretionary: would like to make just a few brief Outlays from prior-year BA and other actions com- comments on one important provision ready requested one other 90-day exten- pleted ...... 3,970 sion for review. H.R. 3816, conference report ...... 8,621 4,914 adopted into the conference report to Scorekeeping adjustment ...... accompany H.R. 3816, the fiscal year Further, in testimony before the Sen- Subtotal nondefense discretionary ...... 8,621 8,884 1997 energy and water appropriation ate Appropriations Subcommittee on measure. However, I would first like to VA, HUD, and independent agencies in Mandatory: recognize and commend the work of May of this year, EPA Administrator Outlays from prior-year BA and other actions completed ...... the conference committee for their ef- Carol Browner testified that by August H.R. 3816, conference report ...... forts to develop a conference agree- 26, 1996, the EPA would make a deter- Adjustment to conform mandatory programs with Budget Resolution assumptions ...... ment that is acceptable to many Mem- mination to, either, sign off on the bers of this Chamber, recognizing and project or refer the matter to the Subtotal mandatory ...... settling several controversial issues President’s Council on Environmental Adjusted bill total ...... 19,973 19,923 that had to be dealt with in conference. Quality [CEQ]. Well, here we are, Sep- Mr. President, one provision the con- tember 17, and no decisions have been Senate Subcommittee 602(b) allocation: Defense discretionary ...... 11,600 11,233 ference committee had to address dur- made.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10623 I make this point, because as a Mem- best attempts to keep the budget es- wildlife managers, and representatives ber of this Chamber, each of us is re- sentially level this year, we were from the U.S. Fish and Wildlife Service sponsible and accountable for every forced to accept a cut in this important and the National Marine Fisheries taxpayer dollar we spend. When the ac- program because of the constraints im- Service. Prior to my amendment, tions of an agency, such as the EPA, posed by the overall low level of fund- CBFWA members had recommended continue to stall the full implementa- ing for the nondefense programs in this that roughly 75 percent of the $100 mil- tion of a statute signed into law in bill. lion annual expenditure go to fund 1988, merely for political purposes, who Mr. President, I want to get some ad- projects that would be carried out by loses? The taxpayer loses due to added ditional clarification from my good CBFWA members. This is a most seri- costs associated with further delay. friend from New Mexico, the chairman ous conflict of interest, one that was Mr. President, I appreciate the work of the Energy and Water Development brought to my attention several of the energy and water conference Subcommittee, about the statement of months ago by constituents in my committee for their continued support managers language accompanying the State. for the A–LP project, and I look for- Fusion Energy Sciences Program. The Let me be clear, CBFWA’s advice is ward to working with my colleagues on language calls for the operation and important. But, I believe that BPA the respective committees of jurisdic- safe shutdown of the Tokamak Fusion ratepayers expect their hard earned tion to ensure that adequate congres- Test Reactor in fiscal year 1997. Is it dollars to be spent wisely—not to fund sional oversight is put in place to per- the chairman’s understanding that this the projects of a select number of mit the timely progression of the language can in any way be interpreted groups. project. to imply a particular funding level or My amendment requires the inde- CORECT PROGRAM length or operation for the TFTR in pendent scientific review of projects Mr. HATFIELD. Mr. President, in fiscal year 1997? proposed for funding under BPA’s an- 1988, Congress passed and President Mr. DOMENICI. I thank my good nual program and would remove any Reagan signed in law the CORECT pro- friend from Louisiana for pointing out suggestion of conflict of interest in gram. This program established a fed- the importance of the Fusion Energy prioritizing programs. I believe that eral interagency board to coordinate Sciences Program and for his question. advice of independent scientists with renewable energy exports and has been The conferees did not specify the level expertise on the enhancement of Co- a very successful example of how a of funding to be provided to the TFTR lumbia River fish and wildlife will re- very small program, funded at $2 mil- in fiscal year 1997. We recognized that, sult in successful implementation of lion per year, can drive the tools of the because the Congress has not provided the Northwest Power Planning Coun- U.S. Government to assist small busi- the full amount of the request for the cil’s fish and wildlife program. The nesses in gaining international market Fusion Program, reductions within the council recently recognized the need share. For example, the U.S. solar in- program will be necessary. Those re- for independent science recently, and dustry exports over 85 percent of its ductions will include a reduction in the together with the National Marine product and has now ribbon-cut four funds provided to the TFTR. It is the Fisheries Service, has established an new automated manufacturing plants Department’s responsibility to deter- Independent Scientific Advisory Board in the United States to meet the grow- mine the proper allocation of funds [ISAB] in order to provide scientific ing global markets. from within the amount provided in advice to the council and NMFS on the I am concerned that the energy and the conference report. council’s plan for fish and wildlife for water development appropriations con- Mr. JOHNSTON. I thank the chair- the river system. ference report, now before the Senate, man and note for the record that his My amendment directs the National could be interpreted as closing down understanding and expectation on this Academy of Sciences to submit a list of the CORECT program. Let me clarify issue match mine. individuals to the council to serve on with my friend from New Mexico, Mr. Mr. GORTON. Mr. President, I an Independent Scientific Review DOMENICI, that the pending legislation strongly support the conference report Panel to review projects for funding is not to be interpreted as terminating to accompany the fiscal year 1997 en- under BPA’s annual fish and wildlife the CORECT program and that the De- ergy and water appropriations bill. In- program. I would like to make clear partment of Energy may utilize other cluded in the fiscal year 1997 energy that nothing in the bill language pre- available funds to continue this pro- and water conference report is an cludes NAS from recommending the gram, even though Congress has pro- amendment that I authored to amend same scientists that serve on the ISAB vided no funding for the coming fiscal the Northwest Power Act. My amend- to serve on the newly created Inde- year. ment, which has received bipartisan pendent Scientific Review Panel, pro- Mr. DOMENICI. Mr. President, I am support, would amend the Northwest vided that members meet the conflict well aware of the CORECT program. I Power Act to establish an independent of interest standards spelled out in the want to assure the Senator from Or- scientific review panel and peer review bill language. If ISAB scientists are se- egon that the Department of Energy is groups, to review annual projects to be lected to serve on the newly created free to propose reprogramming up to $2 funded with BPA ratepayer moneys. panel, such scientists should not be million from other programs to support Each year, roughly $100 million in compensated twice for their services. the CORECT program. I assure my col- BPA ratepayer dollars are spent to My amendment also requires that the league from Oregon that the sub- fund fish and wildlife projects that sup- council establish, from a list submitted committee will expeditiously review port the Northwest Power Planning by NAS, scientific peer review groups any such request. Council’s fish and wildlife plan. The to assist the panel in making its rec- Mr. HATFIELD. I want to thank my Northwest Power Planning Council is ommendations to the council. Projects friend for his clarification of this im- the regional body, created by the will be reviewed based upon the fol- portant matter. Northwest Power Act, that provides ad- lowing criteria: Projects benefit fish FUSION vice and input to BPA in spending the and wildlife in the region; have a clear- Mr. JOHNSTON. As my good friend annual $100 million in fish and wildlife ly defined objective and outcome; and from New Mexico, the chairman of the funds. The purpose of the council pro- are based on sound science principles. Energy and Water Development Sub- gram is to protect, mitigate, and en- After review of the projects by the committee and many other Members hance fish and wildlife populations panel and peer review groups, the panel are aware, the subcommittee continues along the Columbia and Snake River will submit its recommendations on to support a strong Fusion Energy system. projects priorities to the council for Sciences Program. As noted in the re- Currently, the single body that pro- consideration. The council will then port language accompanying the Sen- vides advice to the council on the ex- make the panel’s recommendations ate bill, the committee is pleased by penditure of these funds, is the Colum- available to the public for review. the efforts of the fusion community bia Basin Fish and Wildlife Authority The council is required to review recover the past year to restructure the [CBFWA]. CBFWA is made up of af- ommendations of the panel, the Colum- fusion program. However, despite our fected tribal officials, State fish and bia Basin Fish and Wildlife Authority,

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10624 CONGRESSIONAL RECORD — SENATE September 17, 1996 and others, in making its final rec- sylvania how much time does he de- sult in advance with the Congress, ommendations to BPA of projects to be sire? which I believe was necessary under funded through BPA’s annual fish and Mr. SPECTER. Mr. President, I the War Powers Act. That is water over wildlife budget. If the council does not thank my colleague from New Mexico. the dam. At the meeting this morning follow the advice of the panel, it is to I would appreciate 10 minutes. there were comments from Members of explain in writing the basis for its deci- Mr. DOMENICI. Mr. President, at the Congress about the need for more con- sion. suggestion of the majority leader, I sultation. I believe the session this Mr. President, an important part of yield back all time on the conference morning was the first time that there my amendment requires the council to report. had been a group of Members of the consider the impacts of ocean condi- The PRESIDING OFFICER. Without House and Senate assembled to be tions in making its recommendations objection, it is so ordered. briefed by the administration, by the to BPA to fund projects. Ocean condi- f President, and by the Secretary of tions include, but are not limited to, State and Secretary of Defense. such considerations as El Nino and MORNING BUSINESS We know from the bitter experience other conditions that impact fish and Mr. DOMENICI. Mr. President, I ask of the Vietnam war that the United wildlife populations. My amendment unanimous consent that there now be a States cannot engage in military ac- also directs the council to determine period for morning business until the tion of a protracted nature without whether project recommendations em- hour of 11 a.m., with Senators to speak public support, and the first place to ploy cost effective measures to achieve for up to 5 minutes each. If they need seek the public support is in the Con- its objectives. I want to make an im- additional time, they can seek time gress of the United States in our rep- portant point here, Mr. President, the from the Chair. resentative capacity. It is more than bill language expressly states that the The PRESIDING OFFICER. Without something which is desirable; it is council, after review of panel and other objection, it is so ordered. something which is mandated by the recommendations, has the authority to Mr. SPECTER. Mr. President, I ask constitutional provision that grants make final recommendations to BPA unanimous consent I may speak in exclusive authority to the Congress of on project(s) to be funded through morning business for a period of up to the United States to declare war. We BPA’s annual fish and wildlife budget. 10 minutes. have seen a transition as to what con- This language was included to clear up The PRESIDING OFFICER. Without stitutes a war—in Korea, where there any confusion as to the council’s au- objection, it is so ordered. was no declaration of war by the Con- thority to make final recommenda- Mr. SPECTER. Then, Mr. President, I gress, in Vietnam, where there was no tions to BPA on projects to be funded further ask unanimous consent I may declaration of war by the Congress. through its annual fish and wildlife be recognized to comment on the intel- And we have seen the adoption of the budget. ligence authorization report. War Powers Act as an effort to strike a The amendment goes into effect upon The PRESIDING OFFICER. Without balance between congressional author- the date of enactment, and it is in- objection, it is so ordered. ity to declare war and the President’s tended that the provision be used to f authority as Commander in Chief; and, start the planning process for the ex- as provided under the War Powers Act, penditure of BPA’s fiscal year 1998 fish USE OF FORCE AGAINST IRAQ where there are imminent hostilities, and wildlife budget. This provision will Mr. SPECTER. Mr. President, I have the President is required to consult in expire on September 30, 2000. come to the floor immediately after at- advance with the Congress and to make Mr. President, in closing, I would tending a meeting with President Clin- like to thank Senator HATFIELD and prompt reports to the Congress, al- ton, the Secretary of State, the Sec- though the President does have the au- Senator MURRAY, and the Northwest retary of Defense, the Chairman of the Power Planning Council for their input thority to act in case of emergency. Joint Chiefs of Staff, and Members of My legal judgment is that the Presi- in the development of the amendment. both Houses from both parties on the I believe that the final language, as it dent does have authority as Com- subject of Iraq. I would like to commander in Chief to act in an emer- appears in the fiscal year 1997 energy ment about an issue which I raised spe- and water conference report, reflects a gency, even in the absence of the War cifically with the President, and that is Powers Act. But when there is time for bipartisan effort to make sure that my urging him to submit to the Con- BPA ratepayer dollars are spend wise- action by the Congress of the United gress of the United States the issue as States, then that action ought to be ly. to whether there should be force used I believe that my amendment is the taken by the Congress on the use of against Iraq in the gulf. first step to restoring accountability in force, which is tantamount to war, In time of crisis there is no question, the decisionmaking process for the ex- which we saw in the gulf in 1991 where under our Constitution, that the Presi- penditure of BPA ratepayer dollars for the Congress did act. And we may see— dent as Commander in Chief has the fish and wildlife purposes. I look for- we all hope we do not see it—but we authority to take emergency action. ward to working, on a bipartisan basis, may see that in Iraq at the present Similarly, it is plain that the Congress with my Northwest colleagues to re- time. write the Northwest Power Act during of the United States has the sole au- The Congress is soon to go out of ses- the next Congress to ensure that thority to declare a war, and that in- sion in advance of the November elec- Northwest ratepayer dollars are spent volves the use of force, as in the gulf tions. While we are here, this issue effectively for fish and wildlife, and operation in 1991, which was really a ought to be considered by the Congress that the people of the Northwest are war, where the President came to the of the United States as to whether we given a greater role in the decision- Congress of the United States in Janu- are going to have the use of force. making process. ary 1991, and on this floor this body de- In the meeting this morning, at- Mr. DOMENICI. Mr. President, I un- bated that issue and, by a relatively tended by many Members of the House derstand Senator LEVIN does not need narrow vote of 52 to 47, authorized the and Senate, both Democrats and Re- his time. In his behalf, I yield back his use of force. It is my strong view that publicans, there was considerable ques- time. Mr. President, I understand Sen- the issue of the use of force in Iraq tion raised on both sides of the aisle as ator JOHNSTON will yield back his time. today ought to be decided by the Con- to what our policy is at the present In that he is in another hearing, I yield gress of the United States and not uni- time, whether we have a coherent pol- back his time in his behalf. laterally by the President where there icy as to what we are going to do there, The PRESIDING OFFICER. All time is no pending emergency and when not only how we get in but how we get except the time of the Senator from there is time for due deliberation in ac- out, and what our policy ought to be. New Mexico has been yielded back. The cordance with our constitutional pro- Those policy issues are really mat- Senator from New Mexico retains 14 cedures. ters which ought to be debated by the minutes. I note when the first missile attacks Congress of the United States and Mr. DOMENICI. Mr. President, I ask were launched 2 weeks ago today, on acted upon by the Congress of the the distinguished Senator from Penn- September 3, the President did not con- United States.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10625 We know there is a considerable tions. But the administration is com- around the Persian Gulf and to urge you to problem that we face today on getting ing in with a very expensive operation, promptly seek a resolution from Congress support from our allies, and that is an and it may be justified, it may be war- authorizing the use of force in the Gulf. indispensable prerequisite, it seems to ranted, it may be necessary, but that is There is no emergency which would require escalation of the use of force by you in your me, for action by the United States a matter for the Congress to decide as role as Commander-in-Chief. The constitu- military forces. We have seen the de- to what our policy should be and how tional role of Congress as the sole authority ployment of air power all the way from much money we are prepared to spend. to declare war should be respected, as it was Guam for missile strikes, and yet we In the meeting today, the question in 1991, with the Congress determining na- wonder why we are not using air power was raised rather bluntly about the tional policy on our objectives, the condi- from Saudi Arabia or from Turkey, and credibility of the administration in ex- tions of allied burden sharing, an exit strat- the question is raised as to whether the panding the no-fly zone to the south egy and an overall policy which is lacking at Saudis or the people in command of when the actions come against the the present time. A further statement of my Turkey are willing to allow us to use Kurds in the north, and there seems to reasons follows. their bases for these air strikes. be a consensus that the action taken First, let me repeat my publicly stated When it comes to the issue of con- thus far by the administration has not support for the policy of containment of Sad- dam Hussein’s regime and for the practice of tainment, representations were made weakened Saddam Hussein but has United States military involvement in the by key administration officials that strengthened Saddam Hussein and that enforcement of the United Nations’ ordered there is a full and total support by the he did, in fact, receive cover when cer- no-fly zone in southern Iraq. No less than in Saudis for our efforts to contain Sad- tain Kurdish leaders invited him in; 1991, when I voted to support the use of force dam Hussein, but that when it comes and there is a distinction to be made in the Gulf War, the United States has vital to the issue of air strikes, the same about what the United States will do interests in this region which must be pro- cannot be said; there is less than a full for a vital U.S. interest contrasted tected. measure of support from the Saudis. So with what we might do for humani- Second, I strongly support the bravery and that when we deal with the issue of tarian purposes, and that while U.S. professionalism of our military men and military personnel may be placed in women who are carrying out your orders at how much force the United States of substantial risk to their lives. America ought to use in the gulf harm’s way where we have an issue of a vital national interest, there may be All this having been said, I believe your against Saddam Hussein, those are the current course of gradual escalation against issues which ought to be considered by a difference of opinion if we are dealing Iraq, starting with the missile attacks on Congress, and we ought to have a state- with a humanitarian consideration. September 4, (for which you sought no prior ment of particularity as to just how Mr. President, all of this boils down authorization from Congress) constitutes the much support we are going to get from to the judgment, my judgment, that involvement of our armed forces in the sorts our allies. the American people today are not in- of hostile and potentially hostile situations We know the French, illustratively, formed about what the administration so as to trigger the limit of your authority will refuse to supply in the expanded is seeking to do in the gulf and what as commander-in-chief established by the War Powers Act. zone to the 33d parallel. There have the administration is seeking to do Moreover, this present course of esca- been reports from Kuwait that the Ku- against Saddam Hussein, and the Con- gress has not been consulted in ad- lation—especially the reported possible dis- wait Government is not prepared, not patch of 3–5,000 ground troops to Kuwait really willing to have us expand our vance of the initial missile strikes and —could well lead to a renewal of full scale military forces there. There is some has been, in my view, inadequately in- war between the United States and Iraq. For dispute about that, with representa- formed as we have proceeded. When example, if, heaven forbid, our Army units tions being made by the administration you deal with the use of force, which is were to sustain losses from any form of Iraqi that the media reports have been over- tantamount to war, that is a matter to attack, this country would be duty-bound to blown and that there is really coopera- be decided by the Congress of the respond with massive force. tion from Kuwait and from Bahrain United States, leaving to the President I know you understand, particularly in and from others. But on the face of his constitutional authority as Com- view of this country’s bitter experiences mander in Chief to act in cases of with undeclared wars in Korea and Vietnam, what is at least the public record, there the paramount importance of the constitu- is a serious question as to whether we emergency. But at this time we do not tional principle that only Congress can de- do have real support among our allies. have an emergency. We have time for clare war. It is an unavoidable concomitant That is something which has to be con- deliberation in the Congress, for debate of this principle that the President cannot sidered in some detail. in this Chamber and the floor of the have unilateral authority to set up a trip- In our meeting this morning, reserva- House of Representatives to decide wire which, if breached, would surely com- tions were expressed by Members on what our policy should be, what we are mit this nation to war. Your present posture both sides of the aisle, and there was a prepared to spend, and how we ought to toward Iraq, however, may be creating just such a trip-wire. question as to what we ought to be proceed. That is why in the meeting I doing with Saudi Arabia in terms of asked the President to submit to the Beyond the always vital matter of honoring basic constitutional principle, I urge long-range policy and long-range plan- Congress his request for an authoriza- you to promptly seek Congressional author- ning. When we moved into the gulf war tion for the use of force so that matter ity for the use of force against Iraq because, in 1991, it was an emergency situation, could be decided by the Congress in ac- just as in 1991, this democratic exercise is by but the plan was supposed to enable cordance with constitutional provi- far the best way to clarify both the legiti- the Saudis to have time to defend sions. mate means and the legitimate ends which themselves and to take action in their Mr. President, I noted that I made underlie our national policy towards Saddam own defense, and that has not hap- that request to the President, and I Hussein. pened. Every time Saddam Hussein commented about a letter which I had A congressional debate now will focus you moves, there is significant expenditure sent to the President yesterday on that and the Congress, and ultimately the Amer- subject. I ask unanimous consent that ican people, on what our policy should be at of U.S. resources and U.S. money. this time in the Persian Gulf. It will define In the middle of the discussion, we the text of that letter be printed in the national understanding and hopefully shape had the point raised about whether the RECORD. a national consensus on the key questions defense budget is adequate and a very There being no objection, the letter which must be answered as the potential for blunt reference to the Chief of Staff, was ordered to be printed in the deeper conflict grows—questions such as the Mr. Panetta, as to agreeing to the fig- RECORD, as follows: proper burden sharing we must demand from ures which have come from the appro- U.S. SENATE, our allies in the region and around the world priators, and that also was obviously a SELECT COMMITTEE ON INTELLIGENCE, and, most importantly, about an exit strat- matter of fundamental importance by Washington, DC, September 16, 1996. egy to ensure a way back home, in reason- Hon. WILLIAM JEFFERSON CLINTON, able time and at reasonable cost, for the the Congress because we are the appro- troops we so rapidly send today into harm’s priators and we have had the adminis- President of the United States, The White House, Washington, DC. way. tration take the position that the ad- DEAR MR. PRESIDENT: I am writing to you Thank you for your consideration. ministration does not like what the to express my growing concerns over the es- Sincerely, Congress is doing by way of appropria- calation of U.S. military activity in and Arlen Specter.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10626 CONGRESSIONAL RECORD — SENATE September 17, 1996 INTELLIGENCE AUTHORIZATION TITLE V—ECONOMIC ESPIONAGE TITLE I—INTELLIGENCE ACTIVITIES ACT FOR FISCAL YEAR 1997 Sec. 501. Short title. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Sec. 502. Prevention of economic espionage Funds are hereby authorized to be appro- Mr. SPECTER. Mr. President, at the and protection of proprietary priated for fiscal year 1997 for the conduct of outset of my comments, I asked unani- economic information. the intelligence and intelligence-related ac- mous consent that I might proceed on TITLE VI—COMBATTING tivities of the following elements of the the 1997 intelligence authorization bill. PROLIFERATION United States Government: (1) The Central Intelligence Agency. I had not intended to comment on this Sec. 601. Short title. subject when coming to the floor, but (2) The Department of Defense. Subtitle A—Assessment of Organization and (3) The Defense Intelligence Agency. when I arrived here, I was advised that Structure of Government for Combatting this issue is ripe for consideration, and (4) The National Security Agency. Proliferation (5) The Department of the Army, the De- I was asked by the staff if I would han- Sec. 611. Establishment of commission. partment of the Navy, and the Department dle it in a leadership capacity, since I Sec. 612. Duties of commission. of the Air Force. am the only Senator in the Chamber. I Sec. 613. Powers of commission. (6) The Department of State. would like to proceed to do that at this Sec. 614. Commission personnel matters. (7) The Department of Treasury. point. Sec. 615. Termination of commission. (8) The Department of Energy. Sec. 616. Definition. (9) The Federal Bureau of Investigation. From the script prepared by the Sec. 617. Authorization of appropriations. staff, I now ask unanimous consent (10) The Drug Enforcement Administra- Subtitle B—Other Matters that the Senate proceed to the imme- tion. (11) The National Reconnaissance Office. diate consideration of Calendar No. 543, Sec. 621. Reports on acquisition of technology relating to weapons of (12) The Central Imagery Office. S. 1718, which is entitled the Intel- mass destruction and advanced SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- ligence authorization bill. conventional munitions. TIONS. The PRESIDING OFFICER. The TITLE VII—RENEWAL AND REFORM OF (a) SPECIFICATIONS OF AMOUNTS AND PER- clerk will report. INTELLIGENCE ACTIVITIES SONNEL CEILINGS.—The amounts authorized The legislative clerk read as follows: to be appropriated under section 101, and the Sec. 701. Short title. authorized personnel ceilings as of Sep- A bill (S. 1718) to authorize appropriations Sec. 702. Committee on Foreign Intelligence. tember 30, 1997, for the conduct of the intel- for fiscal year 1997 for intelligence and intel- Sec. 703. Annual reports on intelligence. ligence and intelligence-related activities of ligence related activities of the United Sec. 704. Transnational threats. the elements listed in such section, are those Sec. 705. Office of the Director of Central In- States Government, the Community Man- specified in the classified Schedule of Au- telligence. agement Account, and for the Central Intel- thorizations prepared to accompany the con- Sec. 706. National Intelligence Council. ligence Agency Retirement and Disability ference report on the bill ll of the One Sec. 707. Enhancement of authority of Direc- System, and for other purposes. Hundred Fourth Congress. tor of Central Intelligence to The PRESIDING OFFICER. Is there (b) AVAILABILITY OF CLASSIFIED SCHEDULE manage budget, personnel, and OF AUTHORIZATIONS.—The Schedule of Au- objection to the immediate consider- activities of intelligence com- ation of the bill? thorizations shall be made available to the munity. Committees on Appropriations of the Senate There being no objection, the Senate ø Sec. 708. Reallocation of responsibilities of and House of Representatives and to the proceeded to consider the bill which Director of Central Intelligence President. The President shall provide for had been reported from the Committee and Secretary of Defense for in- suitable distribution of the Schedule, or of on Governmental Affairs, with amend- telligence activities under Na- appropriate portions of the Schedule, within ments, as follows: tional Foreign Intelligence Pro- the executive branch. gram.¿ SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (The parts of the bill intended to be Sec. 708. Responsibilities of Secretary of De- stricken are shown in boldface brack- (a) AUTHORITY FOR ADJUSTMENTS.—With fense pertaining to the National the approval of the Director of the Office of ets and the parts of the bill intended to Foreign Intelligence Program. be inserted are shown in italic.) Management and Budget, the Director of Sec. 709. Improvement of intelligence collec- Central Intelligence may authorize employ- S. 1718 tion. ment of civilian personnel in excess of the Sec. 710. Improvement of analysis and pro- Be it enacted by the Senate and House of Rep- number authorized for fiscal year 1997 under duction of intelligence. resentatives of the United States of America in section 102 when the Director of Central In- Sec. 711. Improvement of administration of Congress assembled, telligence determines that such action is intelligence activities. necessary to the performance of important SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 712. Pay level of Assistant Directors of intelligence functions, except that the num- (a) SHORT TITLE.—This Act may be cited as Central Intelligence. ber of personnel employed in excess of the the ‘‘Intelligence Authorization Act for Fis- Sec. 713. General Counsel of the Central In- number authorized under such section may cal Year 1997’’. telligence Agency. not, for any element of the intelligence com- (b) TABLE OF CONTENTS.—The table of con- Sec. 714. Office of Congressional Affairs of munity, exceed two percent of the number of tents for this Act is as follows: øthe Intelligence Commu- civilian personnel authorized under such sec- nity.¿ the Director of Central In- Sec. 1. Short title; table of contents. tion for such element. TITLE I—INTELLIGENCE ACTIVITIES telligence. (b) NOTICE TO INTELLIGENCE COMMITTEES.— Sec. 715. Assistance for law enforcement Sec. 101. Authorization of appropriations. The Director of Central Intelligence shall agencies by intelligence com- promptly notify the Permanent Select Com- Sec. 102. Classified schedule of authoriza- munity. tions. mittee on Intelligence of the House of Rep- Sec. 716. Appointment and evaluation of of- resentatives and the Select Committee on Sec. 103. Personnel ceiling adjustments. ficials responsible for intel- Sec. 104. Community Management Account. Intelligence of the Senate whenever he exer- ligence-related activities. cises the authority granted by this section. TITLE II—CENTRAL INTELLIGENCE øSec. 717. Intelligence Community Senior SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. AGENCY RETIREMENT AND DIS- Executive Service.¿ (a) AUTHORIZATIONS OF APPROPRIATIONS.— ABILITY SYSTEM Sec. ø718.¿ 717. Requirements for submittal There is authorized to be appropriated for of budget information on intel- Sec. 201. Authorization of appropriations. the Community Management Account of the ligence activities. TITLE III—GENERAL PROVISIONS Director of Central Intelligence for fiscal Sec. ø719.¿ 718. Terms of service for mem- year 1997 the sum of $95,526,000. Within such Sec. 301. Increase in employee compensation bers of Select Committee on In- amounts authorized, funds identified in the and benefits authorized by law. telligence of the Senate. classified Schedule of Authorizations re- Sec. 302. Restriction on conduct of intel- Sec. ø720.¿ 719. Report on intelligence com- ferred to in section 102(a) for the Advanced ligence activities. munity policy on protecting Research and Development Committee and Sec. 303. Postponement of applicability of the national information infra- the Environmental Task Force shall remain sanctions laws to intelligence structure against strategic at- activities. available until September 30, 1998. tacks. (b) AUTHORIZED PERSONNEL LEVELS.—The Sec. 304. Post-employment restrictions. TITLE VIII—NATIONAL IMAGERY AND staff of the Community Management Ac- Sec. 305. Executive branch oversight of MAPPING AGENCY count of the Director of Central Intelligence budgets of elements of the in- ø is authorized 265 full-time personnel as of telligence community. Sec. 801. Establishment. øSec. 802. Effective date.¿ September 30, 1997. Such personnel of the TITLE IV—FEDERAL BUREAU OF Sec. 801. National mission and collection Community Management Staff may be per- INVESTIGATION tasking authority for the National manent employees of the Community Man- Sec. 401. Access to telephone records. Imagery and Mapping Agency. agement Staff or personnel detailed from

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10627

other elements of the United States Govern- (b) REPORT ELEMENTS.—The report re- cy or department of the United States has ment. quired by subsection (a) shall— violated this chapter and the court finds (c) REIMBURSEMENT.—During fiscal year (1) describe the extent to which the ele- that the circumstances surrounding the vio- 1997, any officer or employee of the United ments of the intelligence community car- lation raise the question whether or not an States or member of the Armed Forces who rying out programs and activities in the Na- officer or employee of the agency or depart- is detailed to the staff of the Community tional Foreign Intelligence Program are sub- ment acted willfully or intentionally with Management Account from another element ject to requirements imposed on other ele- respect to the violation, the agency or de- of the United States Government shall be de- ments and components of the Department of partment concerned shall promptly initiate tailed on a reimbursable basis, except that Defense under the Chief Financial Officers a proceeding to determine whether or not any such officer, employee, or member may Act of 1990 (Public Law 101–576), and the disciplinary action is warranted against the be detailed on a non-reimbursable basis for a amendments made by that Act, and the Fed- officer or employee.’’. period of less than one year for the perform- eral Financial Management Act of 1994 (title TITLE V—ECONOMIC ESPIONAGE ance of temporary functions as required by IV of Public Law 103–356), and the amend- the Director of Central Intelligence. ments made by that Act; SEC. 501. SHORT TITLE. (2) describe the extent to which such ele- This title may be cited as the ‘‘Economic TITLE II—CENTRAL INTELLIGENCE AGEN- Espionage Act of 1996’’. CY RETIREMENT AND DISABILITY SYS- ments submit to the Office of Management TEM and Budget budget justification materials SEC. 502. PREVENTION OF ECONOMIC ESPIO- and execution reports similar to the budget NAGE AND PROTECTION OF PROPRI- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. justification materials and execution reports ETARY ECONOMIC INFORMATION. There is authorized to be appropriated for submitted to the Office of Management and (a) IN GENERAL.—Part I of title 18, United the Central Intelligence Agency Retirement Budget by the non-intelligence components States Code, is amended by inserting after and Disability Fund for fiscal year 1997 the of the Department of Defense; chapter 27 the following new chapter: sum of $184,200,000. (3) describe the extent to which the Na- ‘‘CHAPTER 28—ECONOMIC ESPIONAGE TITLE III—GENERAL PROVISIONS tional Reconnaissance Office submits to the ‘‘Sec. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- Office of Management and Budget, the Com- ‘‘571. Definitions. TION AND BENEFITS AUTHORIZED munity Management Staff, and the Office of ‘‘572. Economic espionage. BY LAW. the Secretary of Defense— ‘‘573. Criminal forfeiture. Appropriations authorized by this Act for (A) complete information on the cost, ‘‘574. Import and export sanctions. salary, pay, retirement, and other benefits schedule, performance, and requirements for ‘‘575. Scope of extraterritorial jurisdiction. for Federal employees may be increased by any new major acquisition before initiating ‘‘576. Construction with other laws. such additional or supplemental amounts as the acquisition; ‘‘577. Preservation of confidentiality. may be necessary for increases in such com- (B) yearly reports (including baseline cost ‘‘578. Law enforcement and intelligence ac- pensation or benefits authorized by law. and schedule information) on major acquisi- tivities. tions; SEC. 302. RESTRICTION ON CONDUCT OF INTEL- ‘‘§ 571. Definitions LIGENCE ACTIVITIES. (C) planned and actual expenditures in con- The authorization of appropriations by nection with major acquisitions; and ‘‘For purposes of this chapter, the fol- this Act shall not be deemed to constitute (D) variances from any cost baselines for lowing definitions shall apply: authority for the conduct of any intelligence major acquisitions (including explanations ‘‘(1) FOREIGN AGENT.—The term ‘foreign activity which is not otherwise authorized of such variances); and agent’ means any officer, employee, proxy, by the Constitution or the laws of the United (4) assess the extent to which the National servant, delegate, or representative of a for- States. Reconnaissance Office has submitted to Of- eign nation or government. SEC. 303. POSTPONEMENT OF APPLICABILITY OF fice of Management and Budget, the Commu- ‘‘(2) FOREIGN INSTRUMENTALITY.—The term SANCTIONS LAWS TO INTELLIGENCE nity Management Staff, and the Office of the ‘foreign instrumentality’ means any agency, ACTIVITIES. Secretary of Defense on a monthly basis a bureau, ministry, component, institution, Section 905 of the National Security Act of detailed budget execution report similar to association, or any legal, commercial, or 1947 (50 U.S.C. 441d) is amended by striking the budget execution report prepared for De- business organization, corporation, firm, or ‘‘the date which is one year after the date of partment of Defense programs. entity that is substantially owned, con- the enactment of this title’’ and inserting (c) DEFINITIONS.—For purposes of this sec- trolled, sponsored, commanded, managed, or ‘‘January 6, 1998’’. tion: dominated by a foreign government or any SEC. 304. POST-EMPLOYMENT RESTRICTIONS. (1) The term ‘‘congressional intelligence political subdivision, instrumentality, or (a) IN GENERAL.—Not later than 90 days committees’’ shall mean the Select Com- other authority thereof. after the date of enactment of this Act, the mittee on Intelligence of the Senate and the ‘‘(3) OWNER.—The term ‘owner’ means the Director of Central Intelligence shall pre- Permanent Select Committee on Intelligence person or persons in whom, or the United scribe regulations requiring each new and of the House of Representatives. States Government component, department, current employee of the Central Intelligence (2) The term ‘‘National Foreign Intel- or agency in which, rightful legal, beneficial, Agency to sign a written agreement restrict- ligence Program’’ has the meaning given or equitable title to, or license in, propri- ing the activities of that employee upon such term in section 3(6) of the National Se- etary economic information is reposed. ceasing employment with the Central Intel- curity Act of 1947 (50 U.S.C. 401a(6)). ‘‘(4) PROPRIETARY ECONOMIC INFORMATION.— ligence Agency. TITLE IV—FEDERAL BUREAU OF The term ‘proprietary economic informa- (b) AGREEMENT ELEMENTS.—The regula- INVESTIGATION tion’ means all forms and types of financial, tions shall provide that an agreement con- business, scientific, technical, economic, or SEC. 401. ACCESS TO TELEPHONE RECORDS. engineering information (including data, tain provisions specifying that the employee (a) ACCESS FOR COUNTERINTELLIGENCE PUR- plans, tools, mechanisms, compounds, for- concerned not represent or advise the gov- POSES.—Section 2709(b)(1) of title 18, United mulas, designs, prototypes, processes, proce- ernment, or any political party, of a foreign States Code, is amended by inserting ‘‘local dures, programs, codes, or commercial strat- country during the five-year period begin- and long distance’’ before ‘‘toll billing ning on the termination of the employee’s records’’. egies, whether tangible or intangible, and employment with the Central Intelligence (b) CONFORMING AMENDMENT.—Section whether stored, compiled, or memorialized Agency. 2703(c)(1)(C) of such title is amended by in- physically, electronically, graphically, pho- (c) DISCIPLINARY ACTIONS.—The regulations serting ‘‘local and long distance’’ after ‘‘ad- tographically, or in writing), if— shall specify appropriate disciplinary actions dress,’’. ‘‘(A) the owner thereof has taken reason- (including loss of retirement benefits) to be (c) CIVIL REMEDY.—Section 2707 of such able measures to keep such information con- taken against any employee determined by title is amended— fidential; and the Director of Central Intelligence to have (1) in subsection (a), by striking ‘‘cus- ‘‘(B) the information derives independent violated the agreement of the employee tomer’’ and inserting ‘‘other person’’; economic value, actual or potential, from under this section. (2) in subsection (c), by adding at the end not being generally known to, and not being SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF the following: ‘‘If the violation is willful or readily ascertainable through proper means BUDGETS OF ELEMENTS OF THE IN- intentional, the court may assess punitive by, the public. TELLIGENCE COMMUNITY. damages. In the case of a successful action to ‘‘(5) UNITED STATES PERSON.—The term (a) REPORT.—Not later than 90 days after enforce liability under this section, the court ‘United States person’ means— the date of the enactment of this Act, the may assess the costs of the action, together ‘‘(A) in the case of a natural person, a cit- President shall submit to the congressional with reasonable attorney fees determined by izen of the United States or a permanent intelligence committees a report setting the court.’’; resident alien of the United States; and forth the actions that have been taken to en- (3) by redesignating subsections (d) and (e) ‘‘(B) in the case of an organization (as that sure adequate oversight by the executive as subsections (e) and (f), respectively; and term is defined in section 18 of this title), an branch of the budget of the National Recon- (4) by inserting after subsection (c) the fol- entity substantially owned or controlled by naissance Office and the budgets of other ele- lowing new subsection (d): citizens of the United States or permanent ments of the intelligence community within ‘‘(d) DISCIPLINARY ACTIONS FOR VIOLA- resident aliens of the United States, or in- the Department of Defense. TIONS.—If a court determines that any agen- corporated in the United States.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10628 CONGRESSIONAL RECORD — SENATE September 17, 1996

‘‘§ 572. Economic espionage riod of not longer than 5 years, the importa- (c) CONFORMING AMENDMENT.—Section ‘‘(a) IN GENERAL.—Any person who, with tion into, or exportation from, the United 2516(1)(a) of title 18, United States Code, is knowledge or reason to believe that he or she States, whether by carriage of tangible items amended by inserting ‘‘chapter 28 (relating is acting on behalf of, or with the intent to or by transmission, any merchandise pro- to economic espionage),’’ after ‘‘or under the benefit, any foreign nation, government, in- duced, made, assembled, or manufactured by following chapters of this title:’’. strumentality, or agent, knowingly— a person convicted of any offense described TITLE VI—COMBATTING PROLIFERATION ‘‘(1) steals, wrongfully appropriates, takes, in section 572 of this title, or in the case of SEC. 601. SHORT TITLE. carries away, or conceals, or by fraud, arti- an organization convicted of any offense de- This title may be cited as the ‘‘Combatting fice, or deception obtains proprietary eco- scribed in such section, its successor entity Proliferation of Weapons of Mass Destruc- nomic information; or entities. tion Act of 1996’’. ‘‘(b) ACTION BY THE SECRETARY OF THE ‘‘(2) wrongfully copies, duplicates, Subtitle A—Assessment of Organization and TREASURY.— sketches, draws, photographs, downloads, Structure of Government for Combatting ‘‘(1) CIVIL PENALTY.—The Secretary of the uploads, alters, destroys, photocopies, rep- Proliferation licates, transmits, delivers, sends, mails, Treasury may impose on any person who SEC. 611. ESTABLISHMENT OF COMMISSION. communicates, or conveys proprietary eco- knowingly violates any order of the Presi- (a) ESTABLISHMENT.—There is established a nomic information; dent issued under the authority of this sec- commission to be known as the Commission ‘‘(3) being entrusted with, or having lawful tion, a civil penalty equal to not more than to Assess the Organization of the Federal possession or control of, or access to, propri- 5 times the value of the exports or imports Government to Combat the Proliferation of etary economic information, wrongfully cop- involved, or $100,000, whichever is greater. Weapons of Mass Destruction (in this sub- ies, duplicates, sketches, draws, photo- ‘‘(2) SEIZURE AND FORFEITURE.—Any mer- title referred to as the ‘‘Commission’’). graphs, downloads, uploads, alters, destroys, chandise imported or exported in violation of (b) MEMBERSHIP.—The Commission shall be photocopies, replicates, transmits, delivers, an order of the President issued under this composed of eight members of whom— sends, mails, communicates, or conveys the section shall be subject to seizure and for- (1) four shall be appointed by the Presi- same; feiture in accordance with sections 602 dent; ‘‘(4) receives, buys, or possesses propri- through 619 of the Tariff Act of 1930. (2) one shall be appointed by the Majority etary economic information, knowing the ‘‘(3) APPLICABILITY OF OTHER PROVISIONS.— Leader of the Senate; same to have been stolen or wrongfully ap- The provisions of law relating to seizure, (3) one shall be appointed by the Minority propriated, obtained, or converted; summary and judicial forfeiture, and con- Leader of the Senate; ‘‘(5) attempts to commit any offense de- demnation of property for violation of the (4) one shall be appointed by the Speaker scribed in any of paragraphs (1) through (4); United States customs laws, the disposition of the House of Representatives; and ‘‘(6) wrongfully solicits another to commit of such property or the proceeds from the (5) one shall be appointed by the Minority any offense described in any of paragraphs sale thereof, the remission or mitigation of Leader of the House of Representatives. (1) through (4); or such forfeiture, and the compromise of claims, shall apply to seizures and forfeit- (c) QUALIFICATIONS OF MEMBERS.—(1) To ‘‘(7) conspires with one or more other per- the maximum extent practicable, the indi- sons to commit any offense described in any ures incurred, or alleged to have been incurred under this section to the extent that viduals appointed as members of the Com- of paragraphs (1) through (4), and one or mission shall be individuals who are nation- more of such persons do any act to effect the they are applicable and not inconsistent with the provisions of this chapter. ally recognized for expertise regarding— object of the conspiracy, (A) the nonproliferation of weapons of shall, except as provided in subsection (b), be ‘‘§ 575. Scope of extraterritorial jurisdiction mass destruction; fined not more than $500,000 or imprisoned ‘‘This chapter applies— (B) the efficient and effective implementa- not more than 25 years, or both. ‘‘(1) to conduct occurring within the tion of United States nonproliferation pol- ‘‘(b) ORGANIZATIONS.—Any organization United States; and icy; or that commits any offense described in sub- ‘‘(2) to conduct occurring outside the (C) the implementation, funding, or over- section (a) shall be fined not more than United States if— sight of the national security policies of the $10,000,000. ‘‘(A) the offender is a United States person; United States. ‘‘(c) EXCEPTION.—It shall not be a violation or (2) An official who appoints members of the of this section to disclose proprietary eco- ‘‘(B) the act in furtherance of the offense Commission may not appoint an individual nomic information in the case of— was committed in the United States. as a member if, in the judgment of the offi- ‘‘(1) appropriate disclosures to Congress; or ‘‘§ 576. Construction with other laws cial, the individual possesses any personal or ‘‘(2) disclosures to an authorized official of financial interest in the discharge of any of ‘‘This chapter shall not be construed to an executive agency that are deemed essen- the duties of the Commission. preempt or displace any other remedies, tial to reporting a violation of United States (d) PERIOD OF APPOINTMENT; VACANCIES.— whether civil or criminal, provided by Fed- law. Members shall be appointed for the life of eral, State, commonwealth, possession, or the Commission. Any vacancy in the Com- ‘‘§ 573. Criminal forfeiture territorial laws that are applicable to the mission shall not affect its powers, but shall ‘‘(a) IN GENERAL.—Notwithstanding any misappropriation of proprietary economic be filled in the same manner as the original provision of State law to the contrary, any information. person convicted of a violation under this appointment. ‘‘§ 577. Preservation of confidentiality (e) INITIAL MEETING.—No later than 30 days chapter shall forfeit to the United States— after the date on which all members of the ‘‘(1) any property constituting, or derived ‘‘In any prosecution or other proceeding Commission have been appointed, the Com- from, any proceeds the person obtained, di- under this chapter, the court shall enter mission shall hold its first meeting. rectly or indirectly, as the result of such vio- such orders and take such other action as (f) QUORUM.—A majority of the members of lation; and may be necessary and appropriate to pre- the Commission shall constitute a quorum, ‘‘(2) any of the property of that person serve the confidentiality of proprietary eco- but a lesser number of members may hold used, or intended to be used, in any manner nomic information, consistent with the re- hearings. or part, to commit or facilitate the commis- quirements of the Federal Rules of Criminal (g) CHAIRMAN AND VICE CHAIRMAN.—The sion of such violation. Procedure, the Federal Rules of Civil Proce- dure, the Federal Rules of Evidence, and all Commission shall select a Chairman and ‘‘(b) COURT ACTION.—The court, in impos- Vice Chairman from among its members. ing sentence on such person, shall order, in other applicable laws. An interlocutory appeal by the United States shall lie from a de- (h) MEETINGS.—The Commission shall meet addition to any other sentence imposed pur- at the call of the Chairman. suant to this chapter, that the person forfeit cision or order of a district court authorizing SEC. 612. DUTIES OF COMMISSION. to the United States all property described or directing the disclosure of proprietary (a) STUDY.— in this section. economic information. (1) IN GENERAL.—The Commission shall ‘‘(c) APPLICABILITY OF OTHER LAW.—Prop- ‘‘§ 578. Law enforcement and intelligence ac- carry out a thorough study of the organiza- erty subject to forfeiture under this section, tivities tion of the Federal Government, including any seizure and disposition thereof, and any ‘‘This chapter does not prohibit, and shall the elements of the intelligence community, administrative or judicial proceeding in rela- not impair, any lawful activity conducted by with respect to combatting the proliferation tion thereto, shall be governed by the provi- a law enforcement or regulatory agency of of weapons of mass destruction. sions of section 413 of the Comprehensive the United States, a State, or a political sub- (2) SPECIFIC REQUIREMENTS.—In carrying Drug Abuse Prevention and Control Act of division of a State, or an intelligence agency out the study, the Commission shall— 1970 (21 U.S.C. 853), other than subsection (d) of the United States.’’. (A) assess the current structure and orga- of that section. (b) CLERICAL AMENDMENT.—The table of nization of the departments and agencies of ‘‘§ 574. Import and export sanctions chapters at the beginning of part I of title 18, the Federal Government having responsibil- ‘‘(a) ACTION BY THE PRESIDENT.—The Presi- United States Code, is amended by inserting ities for combatting the proliferation of dent may, to the extent consistent with after the item relating to chapter 27 the fol- weapons of mass destruction; and international agreements to which the lowing new item: (B) assess the effectiveness of United United States is a party, prohibit, for a pe- ‘‘28. Economic espionage ...... 571’’. States cooperation with foreign governments

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10629 with respect to nonproliferation activities, SEC. 613. POWERS OF COMMISSION. intermittent services under section 3109(b) of including cooperation— (a) HEARINGS.—The Commission may hold title 5, United States Code, at rates for indi- (i) between elements of the intelligence such hearings, sit and act at such times and viduals which do not exceed the daily equiva- community and elements of the intelligence- places, take such testimony, and receive lent of the annual rate of basic pay pre- gathering services of foreign governments; such evidence as the Commission considers scribed for level V of the Executive Schedule (ii) between other departments and agen- advisable to carry out the purposes of this under section 5316 of such title. cies of the Federal Government and the subtitle. SEC. 615. TERMINATION OF COMMISSION. counterparts to such departments and agen- (b) INFORMATION FROM FEDERAL AGEN- The Commission shall terminate 60 days cies in foreign governments; and CIES.— after the date on which the Commission sub- (iii) between the Federal Government and (1) IN GENERAL.—The Commission may se- mits its report under section 612(c). international organizations. cure directly from any Federal department SEC. 616. DEFINITION. (3) ASSESSMENTS.—In making the assess- or agency such information as the Commis- For purposes of this subtitle, the term ‘‘in- ments under paragraph (2), the Commission sion considers necessary to carry out the telligence community’’ shall have the mean- should address— provisions of this subtitle. Upon request of ing given such term in section 3(4) of the Na- (A) the organization of the export control the Chairman of the Commission, the head of tional Security Act of 1947 (50 U.S.C. 401a(4)). activities (including licensing and enforce- such department or agency shall furnish SEC. 617. AUTHORIZATION OF APPROPRIATIONS. ment activities) of the Federal Government such information to the Commission. (a) IN GENERAL.—There are authorized to relating to the proliferation of weapons of (2) CLASSIFIED INFORMATION.—A depart- be appropriated for the Commission for fiscal mass destruction; ment or agency may furnish the Commission year 1997 such sums as may be necessary for (B) arrangements for coordinating the classified information under this subsection. the Commission to carry out its duties under funding of United States nonproliferation ac- The Commission shall take appropriate ac- this subtitle. tivities; tions to safeguard classified information fur- (b) AVAILABILITY.—Amounts appropriated (C) existing arrangements governing the nished to the Commission under this para- pursuant to the authorization of appropria- flow of information among departments and graph. tions in subsection (a) shall remain available agencies of the Federal Government respon- (c) POSTAL SERVICES.—The Commission for expenditure until the termination of the sible for nonproliferation activities; may use the United States mails in the same Commission under section 615. (D) the effectiveness of the organization manner and under the same conditions as Subtitle B—Other Matters and function of interagency groups in ensur- other departments and agencies of the Fed- ing implementation of United States treaty eral Government. SEC. 621. REPORTS ON ACQUISITION OF TECH- NOLOGY RELATING TO WEAPONS OF obligations, laws, and policies with respect (d) GIFTS.—The Commission may accept, MASS DESTRUCTION AND AD- to nonproliferation; use, and dispose of gifts or donations of serv- VANCED CONVENTIONAL MUNI- (E) the administration of sanctions for pur- ices or property. TIONS. poses of nonproliferation, including the SEC. 614. COMMISSION PERSONNEL MATTERS. (a) REPORTS.—Not later than 6 months measures taken by departments and agencies (a) COMPENSATION OF MEMBERS.—Each after the date of the enactment of this Act, of the Federal Government to implement, as- member of the Commission who is not an of- and every 6 months thereafter, the Director sess, and enhance the effectiveness of such ficer or employee of the Federal Government of Central Intelligence shall submit to Con- sanctions; shall be compensated at a rate equal to the gress a report on— (F) the organization, management, and daily equivalent of the annual rate of basic (1) the acquisition by foreign countries oversight of United States pay prescribed for level IV of the Executive during the preceding 6 months of dual-use counterproliferation activities; Schedule under section 5315 of title 5, United and other technology useful for the develop- (G) the recruitment, training, morale, ex- States Code, for each day (including travel ment or production of weapons of mass de- pertise, retention, and advancement of Fed- time) during which such member is engaged struction (including nuclear weapons, chem- eral Government personnel responsible for in the performance of the duties of the Com- ical weapons, and biological weapons) and the nonproliferation functions of the Federal mission. All members of the Commission advanced conventional munitions; and Government, including any problems in such who are officers or employees of the United (2) trends in the acquisition of such tech- activities; States shall serve without compensation in nology by such countries. (H) the role in United States nonprolifera- addition to that received for their services as (b) FORM OF REPORTS.—The reports sub- tion activities of the National Security officers or employees of the United States. mitted under subsection (a) shall be sub- Council, the Office of Management and Budg- (b) TRAVEL EXPENSES.—The members of mitted in unclassified form, but may include et, the Office of Science and Technology Pol- the Commission shall be allowed travel ex- a classified annex. icy, and other offices in the Executive Office penses, including per diem in lieu of subsist- TITLE VII—RENEWAL AND REFORM OF of the President having responsibilities for ence, at rates authorized for employees of INTELLIGENCE ACTIVITIES such activities; agencies under subchapter I of chapter 57 of SEC. 701. SHORT TITLE. (I) the organization of the activities of the title 5, United States Code, while away from This title may be cited as the ‘‘Intelligence Federal Government to verify government- their homes or regular places of business in Activities Renewal and Reform Act of 1996’’. to-government assurances and commitments the performance of services for the Commis- with respect to nonproliferation, including SEC. 702. COMMITTEE ON FOREIGN INTEL- sion. LIGENCE. assurances regarding the future use of com- (c) STAFF.— Section 101 of the National Security Act of modities exported from the United States; (1) IN GENERAL.—The Chairman of the Com- 1947 (50 U.S.C. 402) is amended— and mission may, without regard to the civil (1) by redesignating subsection (h) as sub- (J) the costs and benefits to the United service laws and regulations, appoint and section (j); and States of increased centralization and of de- terminate an executive director and such (2) by inserting after subsection (g) the fol- creased centralization in the administration other additional personnel as may be nec- lowing new subsection (h): of the nonproliferation activities of the Fed- essary to enable the Commission to perform ‘‘(h)(1) There is established within the Na- eral Government. its duties. The employment of an executive tional Security Council a committee to be (b) RECOMMENDATIONS.—In conducting the director shall be subject to confirmation by known as the ‘Committee on Foreign Intel- study, the Commission shall develop rec- the Commission. ligence’. ommendations on means of improving the ef- (2) COMPENSATION.—The Chairman of the ‘‘(2) The Committee shall be composed of fectiveness of the organization of the depart- Commission may fix the compensation of the the following: ments and agencies of the Federal Govern- executive director and other personnel with- ‘‘(A) The Director of Central Intelligence. ment in meeting the national security inter- out regard to the provisions of chapter 51 and ests of the United States with respect to the ‘‘(B) The Secretary of State. subchapter III of chapter 53 of title 5, United proliferation of weapons of mass destruction. ‘‘(C) The Secretary of Defense. States Code, relating to classification of po- Such recommendations shall include specific ‘‘(D) The Assistant to the President for Na- recommendations to eliminate duplications sitions and General Schedule pay rates, ex- tional Security Affairs, who shall serve as of effort, and other inefficiencies, in and cept that the rate of pay for the executive di- the chairperson of the Committee. among such departments and agencies. rector and other personnel may not exceed ‘‘(E) Such other members as the President (c) REPORT.—(1) Not later than 18 months the rate payable for level V of the Executive may designate. after the date of the enactment of this Act, Schedule under section 5316 of such title. ‘‘(3) The function of the Committee shall the Commission shall submit to Congress a (d) DETAIL OF GOVERNMENT EMPLOYEES.— be to assist the Council in its activities by— report containing a detailed statement of the Any Federal Government employee may be ‘‘(A) identifying the intelligence required findings and conclusions of the Commission, detailed to the Commission without reim- to address the national security interests of together with its recommendations for such bursement, and such detail shall be without the United States as specified by the Presi- legislation and administrative actions as it interruption or loss of civil service status or dent; considers appropriate. privilege. ‘‘(B) establishing priorities (including (2) The report shall be submitted in unclas- (e) PROCUREMENT OF TEMPORARY AND funding priorities) among the programs, sified form, but may include a classified INTERMITTENT SERVICES.—The Chairman of projects, and activities that address such in- annex. the Commission may procure temporary and terests and requirements; and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10630 CONGRESSIONAL RECORD — SENATE September 17, 1996

‘‘(C) establishing policies relating to the ‘‘ANNUAL REPORT ON INTELLIGENCE’’. nating subparagraphs (A), (B), and (C) as conduct of intelligence activities of the (2) The table of contents in the first sec- paragraphs (1), (2), and (3), respectively; and United States, including appropriate roles tion of that Act is amended by striking the (C) by striking subsection (d) and inserting and missions for the elements of the intel- item relating to section 109 and inserting the the following: ligence community and appropriate targets following new item: ‘‘(d)(1) There is an Office of the Director of of intelligence collection activities. Central Intelligence. The function of the Of- ‘‘(4) In carrying out its function, the Com- ‘‘Sec. 109. Annual report on intelligence.’’. fice is to assist the Director of Central Intel- mittee shall— SEC. 704. TRANSNATIONAL THREATS. ligence in carrying out the duties and re- ‘‘(A) conduct an annual review of the na- Section 101 of the National Security Act of sponsibilities of the Director under this Act tional security interests of the United 1947 (50 U.S.C. 402) is amended by inserting and to carry out such other duties as may be States; after subsection (h), as amended by section prescribed by law. ‘‘(B) identify on an annual basis, and at 702 of this Act, the following new subsection: ‘‘(2) The Office of the Director of Central such other times as the Council may require, ‘‘(i)(1) There is established within the Na- Intelligence is composed of the following: the intelligence required to meet such inter- tional Security Council a committee to be ‘‘(A) The Director of Central Intelligence. ests and establish an order of priority for the known as the ‘Committee on Transnational ‘‘(B) The Deputy Director of Central Intel- collection and analysis of such intelligence; Threats’. ligence. and ‘‘(2) The Committee shall include the fol- ‘‘(C) The National Intelligence Council. ‘‘(C) conduct an annual review of the ele- lowing members: ‘‘(D) The Assistant Director of Central In- ments of the intelligence community in ‘‘(A) The Director of Central Intelligence. telligence for Collection. order to determine the success of such ele- ‘‘(B) The Secretary of State. ‘‘(E) The Assistant Director of Central In- ments in collecting, analyzing, and dissemi- ‘‘(C) The Secretary of Defense. telligence for Analysis and Production. nating the intelligence identified under sub- ‘‘(D) The Attorney General. ‘‘(F) The Assistant Director of Central In- telligence for Administration. paragraph (B). ‘‘(E) The Assistant to the President for Na- ‘‘(5) The Committee shall submit each year tional Security Affairs, who shall serve as ‘‘(G) Such other offices and officials as to the Council and to the Director of Central the chairperson of the Committee. may be established by law or the Director of Intelligence a comprehensive report on its ‘‘(F) Such other members as the President Central Intelligence may establish or des- activities during the preceding year, includ- may designate. ignate in the Office. ‘‘(3) To assist the Director in fulfilling the ing its activities under paragraphs (3) and ‘‘(3) The function of the Committee shall responsibilities of the Director as head of the (4).’’. be to coordinate and direct the activities of intelligence community, the Director shall SEC. 703. ANNUAL REPORTS ON INTELLIGENCE. the United States Government relating to combatting transnational threats. employ and utilize in the Office of the Direc- (a) IN GENERAL.—Section 109 of the Na- tor of Central Intelligence a professional ‘‘(4) In carrying out its function, the Com- tional Security Act of 1947 (50 U.S.C. 404d) is staff having an expertise in matters relating mittee shall— amended by striking out subsections (a) and to such responsibilities and may establish ‘‘(A) identify transnational threats; (b) and inserting in lieu thereof the following permanent positions and appropriate rates of ‘‘(B) develop strategies to enable the new subsections: pay with respect to that staff.’’; and United States Government to respond to ‘‘SEC. 109. (a) IN GENERAL.—(1) Not later (2) by inserting after section 102, as so than January 31 each year, the President transnational threats identified under sub- amended, the following new section: shall submit to the appropriate congres- paragraph (A); ‘‘CENTRAL INTELLIGENCE AGENCY sional committees a report on the require- ‘‘(C) monitor implementation of such ments of the United States for intelligence strategies; ‘‘SEC. 102A. There is a Central Intelligence and the activities of the intelligence commu- ‘‘(D) make recommendations as to appro- Agency. The function of the Agency shall be to assist the Director of Central Intelligence nity. priate responses to specific transnational ‘‘(2) The purpose of the report is to facili- threats; in carrying out the responsibilities referred tate an assessment of the activities of the in- ‘‘(E) assist in the resolution of operational to in paragraphs (1) through (4) of section telligence community during the preceding and policy differences among Federal depart- 103(d) of this Act.’’. (b) CLERICAL AMENDMENT.—The table of fiscal year and to assist in the development ments and agencies in their responses to contents in the first section of that Act is of a mission and a budget for the intelligence transnational threats; amended by striking the item relating to ‘‘(F) develop policies and procedures to en- community for the fiscal year beginning in section 102 and inserting the following new the year in which the report is submitted. sure the effective sharing of information items: ‘‘(3) The report shall be submitted in un- about transnational threats among Federal classified form, but may include a classified departments and agencies, including law en- ‘‘Sec. 102. Office of the Director of Central annex. forcement agencies and the elements of the Intelligence. ‘‘Sec. 102A. Central Intelligence Agency.’’. ‘‘(b) MATTERS COVERED.—(1) Each report intelligence community; and under subsection (a) shall— ‘‘(G) develop guidelines to enhance and im- SEC. 706. NATIONAL INTELLIGENCE COUNCIL. Section 103(b) of the National Security Act ‘‘(A) specify the intelligence required to prove the coordination of activities of Fed- of 1947 (50 U.S.C. 403–3(b)) is amended— meet the national security interests of the eral law enforcement agencies and elements (1) in paragraph (1)(B), by inserting ‘‘, or as United States, and set forth an order of pri- of the intelligence community outside the contractors of the Council or employees of ority for the collection and analysis of intel- United States with respect to transnational such contractors,’’ after ‘‘on the Council’’; ligence required to meet such interests, for threats. (2) by redesignating paragraphs (4) and (5) the fiscal year beginning in the year in ‘‘(5) For purposes of this subsection, the as paragraphs (5) and (6), respectively; which the report is submitted; and term ‘transnational threat’ means the fol- ‘‘(B) evaluate the performance of the intel- (3) by inserting after paragraph (3) the following: lowing new paragraph (4): ligence community in collecting and ana- ‘‘(A) Any transnational activity (including ‘‘(4) Subject to the direction and control of lyzing intelligence required to meet such in- international terrorism, narcotics traf- the Director of Central Intelligence, the Cen- terests during the fiscal year ending in the ficking, the proliferation of weapons of mass ter may carry out its responsibilities under year preceding the year in which the report destruction and the delivery systems for this subsection by contract, including con- is submitted, including a description of the such weapons, and organized crime) that tracts for substantive experts necessary to significant successes and significant failures threatens the national security of the United assist the Center with particular assess- of the intelligence community in such col- States. ments under this subsection.’’; and lection and analysis during that fiscal year. ‘‘(B) Any individual or group that engages (4) in paragraph (5), as so redesignated, by ‘‘(2) The report shall specify matters under in an activity referred to in subparagraph adding at the end the following: ‘‘The Center paragraph (1)(A) in sufficient detail to assist (A).’’. shall also be readily accessible to policy- Congress in making decisions with respect to SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL making officials and other appropriate indi- the allocation of resources for the matters INTELLIGENCE. viduals not otherwise associated with the in- specified. (a) IN GENERAL.—Title I of The National telligence community.’’. ‘‘(c) DEFINITION.—In this section, the term Security Act of 1947 (50 U.S.C. 402 et seq.) is SEC. 707. ENHANCEMENT OF AUTHORITY OF DI- ‘appropriate congressional committees’ amended— RECTOR OF CENTRAL INTEL- means the following: (1) in section 102 (50 U.S.C. 403)— LIGENCE TO MANAGE BUDGET, PER- ‘‘(1) The Select Committee on Intelligence, (A) by striking the section heading and all SONNEL, AND ACTIVITIES OF INTEL- the Committee on Appropriations, and the that follows through paragraph (1) of sub- LIGENCE COMMUNITY. (a) IN GENERAL.—Section 103(c) of the Na- Committee on Armed Services of the Senate. section (a) and inserting the following: ‘‘(2) The Permanent Select Committee on tional Security Act of 1947 (50 U.S.C. 403–3(c)) Intelligence, the Committee on Appropria- ‘‘OFFICE OF THE DIRECTOR OF CENTRAL is amended— tions, and the Committee on National Secu- INTELLIGENCE (1) by striking paragraph (1) and inserting rity of the House of Representatives.’’. ‘‘SEC. 102.’’; the following new paragraph (1): (b) CONFORMING AMENDMENTS.—(1) The sec- (B) by redesignating paragraph (2) of sub- ‘‘(1) facilitate the development of an an- tion heading of such section is amended to section (a) as subsection (a) and in such sub- nual budget for intelligence and intelligence- read as follows: section (a), as so redesignated, by redesig- related activities of the United States by—

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10631

‘‘(A) developing and presenting to the ø(c) PERSONNEL, TRAINING, AND ADMINIS- ø‘‘Sec. 105. Responsibilities of Secretary of President an annual budget for the National TRATIVE ACTIVITIES.—Subsection (g) of such Defense and Director of Central Foreign Intelligence Program; and section, as redesignating by subsection Intelligence pertaining to Na- ø‘‘(B) concurring in the development by (b)(3)(A) of this section, is amended— tional Foreign Intelligence Pro- the Secretary of Defense of the annual budg- ø(1) by striking ‘‘USE OF PERSONNEL.—’’ gram.’’.¿ et for the Joint Military Intelligence Pro- and inserting ‘‘PERSONNEL, TRAINING, AND SEC. 708. RESPONSIBILITIES OF SECRETARY OF gram; and ADMINISTRATIVE FUNCTIONS.—’’; DEFENSE PERTAINING TO THE NA- ø‘‘(C) consulting with the Secretary of De- ø(2) in the matter preceding paragraph TIONAL FOREIGN INTELLIGENCE fense in the development of the annual budg- (1)— PROGRAM. et for the Tactical Intelligence and Related ø(A) by striking ‘‘in coordination with’’ Section 105 of the National Security Act of Activities program;’’;¿ and inserting ‘‘after consultation with’’; and 1947 (50 U.S.C. 403–5) is amended— ‘‘(B) participating in the development by the ø(B) by inserting ‘‘national elements of’’ (1) in subsection (a), by inserting ‘‘, in con- Secretary of Defense of the annual budgets for after ‘‘policies and programs within’’; and sultation with the Director of Central Intel- the Joint Military Intelligence Program and the ø(3) in paragraph (2), by striking ‘‘per- ligence,’’ after ‘‘Secretary of Defense’’ in the Tactical Intelligence and Related Activities Pro- sonnel,’’ and all that follows through ‘‘pro- matter preceding paragraph (1); and gram;’’; grams’’ and inserting ‘‘personnel programs, (2) by adding at the end the following: (2) by redesignating paragraphs (3) through administrative programs, training programs, ‘‘(d) ANNUAL EVALUATION OF THE DIRECTOR (6) as paragraphs (4) through (7), respec- and security programs and management ac- OF CENTRAL INTELLIGENCE.—The Director of tively; and tivities’’. Central Intelligence, in consultation with the Secretary of Defense and the Chairman of the (3) by inserting after paragraph (2) the fol- ø SEC. 708. REALLOCATION OF RESPONSIBILITIES Joint Chiefs of Staff, shall submit each year to lowing new paragraph (3): OF DIRECTOR OF CENTRAL INTEL- ø‘‘(3) manage the national collection ac- LIGENCE AND SECRETARY OF DE- the Committee on Foreign Intelligence of the tivities of the intelligence community in FENSE FOR INTELLIGENCE ACTIVI- National Security Council and the appropriate order to ensure that such activities, and the TIES UNDER NATIONAL FOREIGN IN- congressional committees (as defined in section intelligence collected through such activi- TELLIGENCE PROGRAM. 109(c)) an evaluation of the performance and ties, meet the national security require- ø(a) CONSULTATION OF SECRETARY OF DE- the responsiveness of the National Security ments of the United States;’’.¿ FENSE WITH DCI REGARDING GENERAL RE- Agency, the National Reconnaissance Office, ‘‘(3) approve collection requirements, deter- SPONSIBILITIES.—Subsection (a) of section 105 and the National Imagery and Mapping Agency mine collection priorities, and resolve conflicts of the National Security Act of 1947 (50 in meeting their national missions.’’. in collection priorities levied on national collec- U.S.C. 405–5) is amended— SEC. 709. IMPROVEMENT OF INTELLIGENCE COL- tion assets, except as otherwise agreed with the ø(1) in the matter preceding paragraph (1), LECTION. Secretary of Defense pursuant to the direction by inserting ‘‘, in consultation with the Di- (a) ASSISTANT DIRECTOR OF CENTRAL INTEL- of the President;’’. rector of Central Intelligence,’’ after ‘‘Sec- LIGENCE FOR COLLECTION.—Section 102 of the ø(b) USE OF FUNDS.— retary of Defense’’; and National Security Act of 1947, as amended by ø(1) REPROGRAMMING.—Subsection (c) of ø(2) in paragraph (2), by striking ‘‘appro- section 705(a)(1) of this Act, is amended by such section is amended by inserting ‘‘or priate’’. adding at the end the following: under the Joint Military Intelligence Pro- ø(b) JOINT RESPONSIBILITY OF DCI AND SEC- ‘‘(e)(1) To assist the Director of Central In- gram’’ after ‘‘the National Foreign Intel- RETARY OF DEFENSE FOR PERFORMANCE OF telligence in carrying out the Director’s re- ligence Program’’. CERTAIN SPECIFIC FUNCTIONS.—Subsection (b) sponsibilities under this Act, there shall be ø(2) TRANSFERS.—Subsection (d)(2)(E) of of that section is amended— an Assistant Director of Central Intelligence such section is amended by striking ‘‘does ø(1) by striking ‘‘RESPONSIBILITY’’ and infor Collection, who shall be appointed by the not object to’’ and inserting ‘‘is consulted by serting ‘‘JOINT RESPONSIBILITY OF THE DCI President, by and with the advice and con- the Director before’’. AND THE SECRETARY OF DEFENSE’’; sent of the Senate. ø(3) DIRECTION OF EXPENDITURES.—Such ø(2) in the matter preceding paragraph (1), ‘‘(2)(A) If neither the Director of Central section is further amended— by striking ‘‘Consistent with sections 103 and Intelligence nor the Deputy Director of Cen- ø(A) by redesignating subsections (e), (f), 104 of this Act,’’ and inserting ‘‘The Director tral Intelligence is a commissioned officer of and (g) as subsections (f), (g), and (h), respec- of Central Intelligence and’’; the Armed Forces at the time of the nomina- tively; and ø(3) in paragraph (2)— tion of an individual to the position of As- ø(B) by inserting after subsection (d) the ø(A) by striking ‘‘within the Department of sistant Director of Central Intelligence for following new subsection (e): Defense’’; and Collection, the President shall nominate an ø‘‘(e) USE OF FUNDS.—The Director of Cen- ø(B) by adding ‘‘and’’ after the semicolon individual for that position from among the tral Intelligence shall, with the approval of at the end; and commissioned officers of the Armed Forces the Director of the Office of Management ø(4) by striking the semicolon at the end of who have substantial experience in man- and Budget and subject to applicable provi- paragraph (3) and inserting a period. aging intelligence activities. sions of law (including provisions of author- ø(c) RESPONSIBILITY OF SECRETARY OF DE- ‘‘(B) The provisions of subsection (c)(3) ization Acts and appropriations Acts), direct FENSE FOR PERFORMANCE OF OTHER SPECIFIC shall apply to any commissioned officer of and oversee the allocation, allotment, obli- FUNCTIONS.—Such section is further amend- the Armed Forces while serving in the posi- gation, and expenditure of funds appro- ed— tion of Assistant Director for Collection. priated or otherwise made available for the ø(1) by redesignating subsection (c) as sub- ‘‘(3) The Assistant Director for Collection national intelligence programs, projects, and section (d); shall manage the collection of national in- activities that are managed by the Director ø(2) by inserting after paragraph (3) of sub- telligence by the intelligence community in of the Central Intelligence Agency, the Di- section (b) the following: order to ensure the efficient and effective rector of the National Security Agency, the ø‘‘(c) RESPONSIBILITY OF SECRETARY OF DE- collection of national intelligence that is Director of the National Reconnaissance Of- FENSE FOR THE PERFORMANCE OF SPECIFIC identified for collection by the Assistant Di- fice, and the Director of the National Im- FUNCTIONS.—Consistent with section 103 and rector of Central Intelligence for Analysis ø ¿ agery and Mapping Agency.’’.¿ 104 of this Act, the Secretary of Defense, in and Production. Production.’’. ø (b) USE OF FUNDS.—Section 104 of the Na- consultation with the Director of Central In- ‘‘(4) In carrying out the responsibility set tional Security Act of 1947 (50 U.S.C. 403–4) is telligence, shall—’’; forth in paragraph (3), the Assistant Director amended— ø(3) by redesignating paragraphs (4), (5), for Collection shall— ø (1) by adding at the end of subsection (c) the and (6) as paragraphs (1), (2), and (3), respec- ‘‘(A) provide guidance and direction for, following: ‘‘The Secretary of Defense shall con- tively, of subsection (c), as added by para- and concur in, the procurement and oper- sult with the Director of Central Intelligence be- graph (2) of this subsection; and ation of systems necessary for the collection fore reprogramming funds made available under ø(4) in paragraph (2), as redesignated by of national intelligence; and ø the Joint Military Intelligence Program.’’; paragraph (3) of this subsection, by inserting ‘‘(B) assist the Director of Central Intel- (2) by redesignating subsections (e), (f), and ‘‘(other than clandestine collection)’’ before ligence in the formulation of plans and budg- (g) as subsections (f), (g), and (h), respectively; ‘‘human intelligence activities’’. ets for national intelligence collection activities.’’.¿ and ø(d) CONFORMING AMENDMENTS.—(1) The (b) CONSOLIDATION OF HUMAN INTELLIGENCE (3) by inserting after subsection (d) the fol- section heading of that section is amended to COLLECTION ACTIVITIES.—Not later than 90 lowing new subsection (e): read as follows: ‘‘(e) DATABASE AND BUDGET EXECUTION IN- days after the date of the enactment of this ø FORMATION.—The Director of Central Intel- ‘‘RESPONSIBILITIES OF SECRETARY OF DE- Act, the Director of Central Intelligence ligence and the Secretary of Defense shall joint- FENSE AND DIRECTOR OF CENTRAL INTEL- øshall enter into an agreement with the Sec- ly issue guidance for the development and im- LIGENCE PERTAINING TO NATIONAL FOREIGN retary of Defense to transfer from the Sec- plementation by the year 2000 of a database to INTELLIGENCE PROGRAM’’. retary to the Director the responsibilities provide timely and accurate information on the ø(2) The table of contents in the first sec- and authorities of the Secretary for the col- amounts and status of resources, including peri- tion of that Act is amended by striking the lection of clandestine intelligence from odic budget execution updates, for national, de- item relating to section 105 and inserting the human sources currently conducted by the fense-wide, and tactical intelligence activities.’’. following new item: Defense Human Intelligence Service within

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10632 CONGRESSIONAL RECORD — SENATE September 17, 1996 the Department of Defense¿ and the Deputy from civilian life by the President, by and under this section by elements of the Depart- Secretary of Defense shall jointly submit to the with the advice and consent of the Senate. ment of Defense, including regulations relating Committee on Armed Services and the Select ‘‘(b) The General Counsel is the chief legal to the protection of sources and methods in the Committee on Intelligence of the Senate and the officer of the Central Intelligence Agency. exercise of such authority. National Security Committee and Permanent Se- ‘‘(c) The General Counsel of the Central In- ‘‘ø(b)¿ (c) DEFINITIONS.—For purposes of lect Committee on Intelligence of the House of telligence Agency shall perform such func- subsection (a): Representatives a report on the ongoing efforts tions as the Director of Central Intelligence ‘‘(1) The term ‘United States law enforce- of those officials to achieve commonality, inter- may prescribe.’’. ment agency’ means any department or operability, and, where practicable, consolida- (b) EXECUTIVE SCHEDULE IV PAY LEVEL.— agency of the Federal Government that the tion of the collection of clandestine intelligence Section 5315 of title 5, United States Code, as Attorney General designates as law enforce- from human sources conducted by the Defense amended by section 712 of this Act, is further ment agency for purposes of this section. Human Intelligence Service of the Department amended by adding at the end the following: ‘‘(2) The term ‘United States person’ means of Defense and the Directorate of Operations of ‘‘General Counsel of the Central Intel- the following: the Central Intelligence Agency. ligence Agency.’’. ‘‘(A) A United States citizen. SEC. 710. IMPROVEMENT OF ANALYSIS AND PRO- SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS ‘‘(B) An alien known by the intelligence DUCTION OF INTELLIGENCE. OF øTHE INTELLIGENCE COMMU- agency concerned to be a permanent resident Section 102 of the National Security Act of NITY.¿ THE DIRECTOR OF CENTRAL alien. 1947, as amended by section 709(a) of this INTELLIGENCE. ‘‘(C) An unincorporated association sub- Act, is further amended by adding at the end Section 102 of the National Security Act of stantially composed of United States citi- the following: 1947, as amended by section 711 of this Act, is zens or permanent resident aliens. ‘‘(f)(1) To assist the Director of Central In- further amended by adding at the end the ‘‘(D) A corporation incorporated in the telligence in carrying out the Director’s re- following: United States, except for a corporation di- sponsibilities under this Act, there shall be ‘‘(h)(1) There is hereby established the Of- rected and controlled by a foreign govern- an Assistant Director of Central Intelligence fice of Congressional Affairs of øthe Intel- ment or governments.’’. for Analysis and Production, who shall be ligence Community.¿ the Director of Central (b) CLERICAL AMENDMENT.—The table of appointed by the President, by and with the Intelligence. contents in the first section of that Act is advice and consent of the Senate. ‘‘(2)(A) The Office shall be headed by the amended by inserting after the item relating ‘‘(2) The Assistant Director for Analysis Director of the Office of Congressional Af- to section 105 the following new item: and Production shall— fairs of øthe Intelligence Community.¿ the ‘‘(A) oversee the analysis and production of ‘‘Sec. 105A. Assistance to United States law Director of Central Intelligence. enforcement agencies.’’. intelligence by the elements of the intel- ‘‘(B) The Director of Central Intelligence ligence community; SEC. 716. APPOINTMENT AND EVALUATION OF may designate the Director of the Office of OFFICIALS RESPONSIBLE FOR IN- ‘‘(B) establish standards and priorities re- Congressional Affairs of the Central Intel- lating to such analysis and production; TELLIGENCE-RELATED ACTIVITIES. ligence Agency to serve as the Director of (a) IN GENERAL.—Section 106 of the Na- ‘‘(C) monitor the allocation of resources the Office of Congressional Affairs of øthe In- tional Security Act of 1947 (50 U.S.C. 403–6) is for the analysis and production of intel- telligence Community.¿ the Director of Cen- amended to read as follows: ligence in order to identify unnecessary du- tral Intelligence. ‘‘APPOINTMENT AND EVALUATION OF OFFICIALS plication in the analysis and production of ‘‘(3) The Director shall coordinate the con- RESPONSIBLE FOR INTELLIGENCE-RELATED intelligence; gressional affairs activities of the elements ACTIVITIES ‘‘(D) identify intelligence to be collected of the intelligence community and have such for purposes of the Assistant Director of Cen- additional responsibilities as the Director of ‘‘SEC. 106. (a) CONCURRENCE OF DCI IN CER- tral Intelligence for Collection; and Central Intelligence may prescribe. TAIN APPOINTMENTS.—(1) In the event of a va- ‘‘(E) provide such additional analysis and ‘‘(4) Nothing in the subsection may be con- cancy in a position referred to in paragraph production of intelligence as the President strued to preclude the elements of the intel- (2), the Secretary of Defense shall obtain the and the National Security Council may re- ligence community from responding directly concurrence of the Director of Central Intel- ø quire.’’. to requests from Congress.’’. ligence before appointing an individual to SEC. 711. IMPROVEMENT OF ADMINISTRATION OF fill the vacancy.¿ recommending to the Presi- SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT INTELLIGENCE ACTIVITIES. AGENCIES BY INTELLIGENCE COM- dent an individual for appointment to the posi- Section 102 of the National Security Act of MUNITY. tion. If the Director does not concur in the rec- 1947, as amended by section 710 of this Act, is (a) IN GENERAL.—Title I of the National Se- ommendation, the Secretary may make the rec- further amended by adding at the end the curity Act of 1947 (50 U.S.C. 402 et seq.) is ommendation to the President without the Di- following: amended by inserting after section 105 the rector’s concurrence, but shall include in the ‘‘(g)(1) To assist the Director of Central In- following new section: recommendation a statement that the Director telligence in carrying out the Director’s re- does not concur in the recommendation. sponsibilities under this Act, there shall be ‘‘ASSISTANCE TO UNITED STATES LAW ‘‘(2) Paragraph (1) applies to the following an Assistant Director of Central Intelligence ENFORCEMENT AGENCIES positions: for Administration, who shall be appointed ‘‘SEC. 105A. (a) AUTHORITY TO PROVIDE AS- ‘‘(A) The Director of the National Security by the President, by and with the advice and SISTANCE.—øNotwithstanding any other pro- Agency. consent of the Senate. vision of law¿ Subject to subsection (b), ele- ‘‘(B) The Director of the National Recon- ‘‘(2) The Assistant Director for Adminis- ments of the intelligence community may, naissance Office. tration shall manage such activities relating upon the request of a United States law en- ‘‘(b) CONSULTATION WITH DCI IN CERTAIN to the administration of the intelligence forcement agency, collect information out- APPOINTMENTS.—(1) In the event of a vacancy community as the Director of Central Intel- side the United States about individuals who in a position referred to in paragraph (2), the ligence shall requireø, including manage- are not United States persons. Such ele- head of the department or agency having ju- ment of civilian personnel (including recruit- ments may collect such information not- risdiction over the position shall consult ment, security investigations, processing, withstanding that the law enforcement agen- with the Director of Central Intelligence be- and training of such personnel), information cy intends to use the information collected fore appointing an individual to fill the va- systems, telecommunications systems, fi- for purposes of a law enforcement investiga- cancy or recommending to the President an nance and accounting services, and security tion or counterintelligence investigation. individual to be nominated to fill the va- services, and procurement of supplies and ‘‘(b) LIMITATION ON ASSISTANCE BY ELEMENTS cancy. support services.’’.¿ OF DEPARTMENT OF DEFENSE.—(1) With respect ‘‘(2) Paragraph (1) applies to the following SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS to elements within the Department of Defense, positions: OF CENTRAL INTELLIGENCE. the authority in subsection (a) applies only to ‘‘(A) The Director of the Defense Intel- Section 5315 of title 5, United States Code, the National Security Agency, the National Re- ligence Agency. is amended by adding at the end the fol- connaissance Office, and the National Imagery ‘‘(B) The Assistant Secretary of State for lowing: and Mapping Agency. Intelligence and Research. ‘‘Assistant Directors of Central Intel- ‘‘(2) Assistance provided under this section by ‘‘(C) The Director of the Office of Non- ligence (3).’’. elements of the Department of Defense may not proliferation and National Security of the SEC. 713. GENERAL COUNSEL OF THE CENTRAL include the direct participation of a member of Department of Energy. INTELLIGENCE AGENCY. the Army, Navy, Air Force, or Marine Corps in ‘‘(D) The Assistant Director, National Se- (a) ESTABLISHMENT OF POSITION.—The Cen- an arrest or similar activity. curity Division of the Federal Bureau of øIn- tral Intelligence Agency Act of 1949 (50 ‘‘(3) Assistance may not be provided under vestigation.¿ Investigation.’’. U.S.C. 403a et seq.) is amended by adding at this section by an element of the Department of ø‘‘(c) PERFORMANCE EVALUATIONS.—The Di- the end the following: Defense if the provision of such assistance will rector of Central Intelligence shall provide ‘‘GENERAL COUNSEL OF THE CENTRAL adversely affect the military preparedness of the annually to the Secretary of Defense an eval- INTELLIGENCE AGENCY United States. uation of the performance of the individuals ‘‘SEC. 20. (a) There is a General Counsel of ‘‘(4) The Secretary of Defense shall prescribe holding the positions referred to in subpara- the Central Intelligence Agency, appointed regulations governing the exercise of authority graphs (A) and (B) of subsection (a)(2), and of

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10633

the individual holding the position of Direc- ø‘‘(c) LIMITATIONS.—(1) Except as provided ø‘‘(1) the number of Intelligence Commu- tor of the National Imagery and Mapping in subsection (b), the Director of Central In- nity Senior Executive Service positions es- Agency, in fulfilling their respective respon- telligence— tablished as of the end of the preceding fiscal sibilities with regard to the National For- ø‘‘(A) may make applicable to the Intel- year; eign Intelligence Program.’’.¿ ligence Community Senior Executive Service ø‘‘(2) the number of individuals being paid (b) CLERICAL AMENDMENT.—The table of any of the provisions of title 5, United States at each rate of basic pay for the Intelligence contents in the first section of that Act is Code, applicable to applicants for or mem- Community Senior Executive Service as of amended by striking the item relating to bers of the Senior Executive Service; and the end of the preceding fiscal year; section 106 and inserting in lieu thereof the ø‘‘(B) shall delegate to the heads of the ø‘‘(3) the number, distribution, and amount following new item: agencies referred to in subparagraphs (B) of awards paid to members of the Intel- ‘‘Sec. 106. Appointment and evaluation of of- through (E) of subsection (a)(2) the authority ligence Community Senior Executive Service ficials responsible for intel- to appoint, promote, and assign individuals during the preceding fiscal year; and ligence-related activities.’’. to Intelligence Community Senior Executive ø‘‘(4) the number of individuals removed øSEC. 717. INTELLIGENCE COMMUNITY SENIOR Service positions within their respective from the Intelligence Community Senior Ex- EXECUTIVE SERVICE. agencies without regard to the provisions of ecutive Service during the preceding fiscal ø(a) IN GENERAL.—(1) Title I of the Na- title 5, United States Code, governing ap- year— tional Security Act of 1947 (50 U.S.C. 402 et pointments and other personnel actions in ø‘‘(A) for less than fully successful per- seq.) is amended by adding at the end the fol- the competitive service, provided that such formance; lowing: actions shall be subject to the approval of ø‘‘(B) due to a reduction in force; or ø‘‘INTELLIGENCE COMMUNITY SENIOR the Director of Central Intelligence in ac- ø‘‘(C) for any other reason.’’. EXECUTIVE SERVICE cordance with the regulations prescribed ø(2) The table of contents in the first sec- ø‘‘SEC. 110. (a) ESTABLISHMENT.—(1) The Di- under this section. tion of that Act is amended by inserting rector of Central Intelligence shall by regu- ø‘‘(2) Members of the Intelligence Commu- after the item relating to section 109 the fol- lation establish a personnel system for sen- nity Senior Executive Service shall be sub- lowing new item: ior civilian personnel within the intelligence ject to the limitations of section 5307 of title ø‘‘Sec. 110. Intelligence Community Senior community to be known as the Intelligence 5, United States Code. Executive Service.’’. ø Community Senior Executive Service. ‘‘(3) Notwithstanding any other provision ø(b) EFFECTIVE DATE OF REGULATIONS.— ø ‘‘(2) The Intelligence Community Senior of title 5, United States Code, any individual The regulations prescribed under section Executive Service shall include personnel who is a member of the Senior Executive 110(a) of the National Security Act of 1947, as within the following agencies: Service or an equivalent personnel system at ø added by subsection (a)(1), shall take effect ‘‘(A) The Central Intelligence Agency. the Central Intelligence Agency or at an one year after the date of the enactment of ø‘‘(B) The National Security Agency. agency referred to in subparagraphs (B) ø this Act. ‘‘(C) The Defense Intelligence Agency. through (E) of subsection (a)(2) at the time ø(c) CONFORMING AMENDMENTS.—(1) Section ø ‘‘(D) The National Imagery and Mapping of the effective date of the regulations pre- 12 of the National Security Agency Act of Agency. scribed under this section shall be a member 1959 (50 U.S.C. 402 note) is amended— ø ‘‘(E) The National Reconnaissance Office. of the Intelligence Community Senior Exec- ø(A) by striking out subsections (a) and (c); ø ‘‘(F) Any other office of the Department utive Service. and of Defense the civilian employees of which ø‘‘(4) Upon the establishment of the Intel- ø(B) by striking out ‘‘(b)’’. are subject to section 1590 of title 10, United ligence Community Senior Executive Service ø(2)(A) Sections 1601 and 1603 of title 10, States Code, as of the effective date of the under this section, no individual may be se- United States Code, are repealed. regulations prescribed under this section. lected for membership in the service unless ø(B) The table of sections at the beginning ø‘‘(3) The Director of Central Intelligence such individual has served at least one as- of chapter 83 of such title is amended by shall prescribe the regulations required signment outside his or her employing agen- striking out the items relating to sections under this section in consultation with the cy. An assignment to the Office of the Direc- 1601 and 1603. Department of Defense. tor of Central Intelligence shall be treated as ø(3) Section 1590 of title 10, United States ø ‘‘(b) REQUIREMENTS.—The regulations pre- an assignment outside an individual’s em- Code, is amended— scribed under this section shall, to the ex- ploying agency (including an individual em- ø(A) in subsection (a)(1)— tent not inconsistent with the authorities of ployed by the Central Intelligence Agency) ø(i) by striking out ‘‘, including positions the Director of Central Intelligence— for purposes of this subparagraph. in the Senior Executive Service,’’; and ø‘‘(1) meet the requirements set forth in ø‘‘(d) AWARD OF RANKS TO MEMBERS OF ø(ii) by striking out ‘‘, except that’’ and all section 3131 of title 5, United States Code, for SERVICE.—The President, based upon the rec- that follows through the semicolon and in- the Senior Executive Service; ommendations of the Director of Central In- serting in lieu thereof a semicolon; ø ‘‘(2) provide rates of pay for the Intel- telligence, may award ranks to members of ø(B) in subsection (b)— ligence Community Senior Executive Service the Intelligence Community Senior Execu- ø(i) in the third sentence, by striking out that are not in excess of the maximum rate tive Service in a manner consistent with sec- ‘‘Except in the case’’ and all that follows or less than the minimum rate of basic pay tion 4507 of title 5, United States Code. through ‘‘no civilian’’ and inserting in lieu established for the Senior Executive Service ø‘‘(e) DETAIL AND ASSIGNMENT OF MEM- thereof ‘‘No civilian’’; and under section 5382 of title 5, United States BERS.—(1) Notwithstanding any other provi- ø(ii) by striking out the second sentence; Code, and that are adjusted at the same time sion of law, the Director of Central Intel- and and to the same extent as rates of basic pay ligence— ø(C) by striking out subsections (f) and (g). for the Senior Executive Service are ad- ø‘‘(A) may, after consultation with the ø(4) Section 1604(b) of title 10, United justed; head of the agency affected, detail or assign States Code, is amended in the second sen- ø‘‘(3) provide a performance appraisal sys- any member of the Intelligence Community tence by striking out ‘‘Except in the case’’ tem for the Intelligence Community Senior Senior Executive Service to serve in any po- and all that follows through ‘‘no officer’’ and Executive Service that conforms to the pro- sition in the intelligence community; or inserting in lieu thereof ‘‘No officer’’. visions of subchapter II of chapter 43 of title ø‘‘(B) may, with the concurrence of the ø(5)(A) Section 2108 of title 5, United States 5, United States Code; head of the agency affected, detail or assign Code, is amended in the flush matter fol- ø‘‘(4) provide for— any member of the service to serve in any lowing paragraph (3) by striking ‘‘the De- ø‘‘(A) removal or suspension from the In- position in another Government agency or fense Intelligence Senior Executive Service, telligence Community Senior Executive outside the Federal Government. the Senior Cryptologic Executive Service’’ Service; ø‘‘(2) A member of the Intelligence Com- and inserting ‘‘the Intelligence Community ø‘‘(B) reduction-in-force procedures; munity Senior Executive Service may be de- Senior Executive Service’’. ø‘‘(C) procedures in accordance with which tailed or assigned under paragraph (1) only if ø(B) Section 6304(f)(1) of such title is any furlough affecting the Intelligence Com- such detail or assignment is for the benefit amended— munity Senior Executive Service shall be of the intelligence community. ø(i) by striking subparagraphs (C) and (D) carried out; ø‘‘(3) A member shall not by reason of such and inserting the following new subpara- ø‘‘(D) procedures setting forth due process detail or assignment lose any entitlement or graph (C): rights to which members of the Intelligence status associated with membership in the In- ø‘‘(C) the Intelligence Community Senior Community Senior Executive Service are en- telligence Community Senior Executive Executive Service; or’’; and titled in cases of removal or suspension; and Service. ø(ii) by redesignating subparagraph (E) as ø‘‘(E) procedures for periodic recertifi- ø‘‘(f) ANNUAL REPORT.—The Director of subparagraph (D). cation; Central Intelligence shall submit to Con- ø(C) Title 5, United States Code, is further ø‘‘(5) permit the payment of performance gress each year, at the time the budget is amended by striking ‘‘the Defense Intel- awards to members of the Intelligence Com- submitted by the President for the next fis- ligence Senior Executive Service or the Sen- munity Senior Executive Service; and cal year, a report on the Intelligence Com- ior Cryptologic Executive Service’’ and in- ø‘‘(6) provide that members of the Intel- munity Senior Executive Service. The report serting ‘‘the Intelligence Community Senior ligence Community Senior Executive Service shall include, in the aggregate and by agen- Executive Service’’ in each of the following may be granted sabbatical leaves. cy— provisions:

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10634 CONGRESSIONAL RECORD — SENATE September 17, 1996 ø(i) Section 8336(h)(2). TITLE VIII—NATIONAL IMAGERY AND ping Agency, and the Central Intelligence ø(ii) Section 8414(a)(2). MAPPING AGENCY Agency may expend such funds pursuant to ø(6) The amendments made by this sub- øSEC. 801. ESTABLISHMENT. the Central Intelligence Agency Act of 1949 section shall take effect one year after the ø(a) ESTABLISHMENT.—(1) Title I of the Na- to carry out the purposes of paragraph (1). date of the enactment of this Act. tional Security Act of 1947 (50 U.S.C. 402 et ø‘‘(c) FUNDS FOR FOREIGN IMAGERY INTEL- SEC. ø718.¿ 717. REQUIREMENTS FOR SUBMITTAL seq.), as amended by section 717 of this Act, LIGENCE AND GEOSPATIAL INFORMATION SUP- OF BUDGET INFORMATION ON IN- is further amended by adding at the end the PORT.—The Director of the National Imagery TELLIGENCE ACTIVITIES. following: and Mapping Agency may use appropriated funds available to the National Imagery and (a) SUBMITTAL WITH ANNUAL BUDGET.—Not- ø‘‘NATIONAL IMAGERY AND MAPPING AGENCY Mapping Agency to provide foreign countries withstanding any other provision of law, the ø‘‘SEC. 120. (a) ESTABLISHMENT AND DU- imagery intelligence and geospatial informa- President shall include in each budget for a TIES.— tion support, except that such arrangements fiscal year submitted under section 1105 of ø‘‘(1) ESTABLISHMENT AND MISSION.—There title 31, United States Code, the following in- shall be coordinated with the Director of the is hereby established a National Imagery and Central Intelligence when they involve im- formation: Mapping Agency which shall provide timely, (1) The aggregate amount appropriated agery intelligence or intelligence products, relevant, and accurate imagery, imagery in- or any support to an intelligence or security during the current fiscal year on all intel- telligence, and imagery-related products and ligence and intelligence-related activities of service of a foreign country. geospatial information in support of the na- ø‘‘(d) FUNDS FOR CIVIL APPLICATIONS.—The the United States Government. tional security objectives of the United Director of the National Imagery and Map- (2) The aggregate amount requested in States. It shall also have a navigational mis- ping Agency may use appropriated funds such budget for the fiscal year covered by sion as specified in section 2791 of title 10, available to the National Imagery and Map- the budget for all intelligence and intel- United States Code. ping Agency to support and encourage civil- ligence-related activities of the United ø‘‘(2) MISSION OF THE NATIONAL IMAGERY ian use of imagery intelligence and States Government. AND MAPPING AGENCY.—The National Imagery geospatial information support provided by (b) FORM OF SUBMITTAL.—The President and Mapping Agency shall have a national the National Imagery and Mapping Agency. shall submit the information required under mission to support the imagery requirements ø‘‘(e) DEFINITIONS.—In this section: subsection (a) in unclassified form. of the Department of State and other non- ø‘‘(1) The term ‘geospatial information’ SEC. ø719.¿ 718. TERMS OF SERVICE FOR MEM- Department of Defense agencies, as well as a means information that identifies the geo- BERS OF SELECT COMMITTEE ON IN- mission to support the combat and other graphic location and characteristics of nat- TELLIGENCE OF THE SENATE. operational requirements of the Department ural or constructed features and boundaries (a) INDEFINITE TERMS OF SERVICE.—Section of Defense. The Director of Central Intel- on the earth, including statistical data, in- 2(b) of Senate Resolution 400 of the Ninety- ligence shall establish requirements and pri- formation derived from, among other things, fourth Congress (adopted May 19, 1976) is orities to govern the collection of national remote sensing, mapping, and surveying amended by striking the first sentence. intelligence of national importance by the technologies, and, for purposes of this sec- (b) LIMIT ON TERM OF CHAIRMAN AND VICE National Imagery and Mapping Agency. tion, the term includes mapping, charting CHAIRMAN.—Section 2(c) of that resolution is ø‘‘(3) DIRECTOR.—The President shall ap- and geodetic data, including geodetic prod- amended by adding at the end the following point the Director of the National Imagery ucts as that term is used in chapter 167 of new sentence: ‘‘No Member shall serve as and Mapping Agency. The Secretary of De- title 10, United States Code. chairman or vice chairman of the select fense shall, with the concurrence of the Di- ø‘‘(2) The term ‘imagery’ means a likeness committee for more than six years of contin- rector of Central Intelligence, recommend an or presentation of any natural or man-made uous service.’’. individual to the President for such appoint- feature or related object or activities and the (c) EFFECTIVE DATE.—The amendments ment. If the Secretary identifies a commis- positional data acquired at the same time made by subsections (a) and (b) shall take ef- sioned officer of the Armed Forces to serve the likeness or representation was acquired fect with the commencement of the One as Director, he shall recommend that indi- (including products produced by space-based Hundred Fifth Congress. vidual to the President for appointment to national intelligence reconnaissance sys- (d) RULES OF THE SENATE.—The amend- hold the grade of lieutenant general or, in tems), in accordance with Executive Order ments made by subsections (a) and (b) are the case of an officer of the Navy, vice admi- No. 12591, as well as likenesses or presen- enacted as an exercise of the rulemaking ral, while serving in such position. A com- tations produced by satellites, airborne plat- power of the Senate with full recognition of missioned officer appointed by the President forms, unmanned aerial vehicles, or other the constitutional right of the Senate to under this paragraph shall not be counted similar means (except that handheld or clan- change rules at any time, in the same man- against the numbers and percentages of com- destine photography taken by or on behalf of ner, and to the same extent, as in the case of missioned officers of the rank and grade of human intelligence collection organizations any other rule of the Senate. such officer for the Armed Force of which is excluded)). SEC. ø720.¿ 719. REPORT ON INTELLIGENCE COM- such officer is a member. ø‘‘(3) The term ‘imagery intelligence’ MUNITY POLICY ON PROTECTING ø‘‘(4) DEPUTY DIRECTOR.—There shall be a means the technical, geographic, and intel- THE NATIONAL INFORMATION IN- Deputy Director to assist the Director. The ligence information derived through the in- FRASTRUCTURE AGAINST STRA- Deputy may be appointed from among the terpretation or analysis of imagery and col- TEGIC ATTACKS. commissioned officers of the Armed Forces, lateral materials.’’. (a) IN GENERAL.—(1) Not later than 120 or from civilian life, but at no time shall ø(2) The table of contents in the first sec- days after the date of the enactment of this both the Director and the Deputy Director tion of the National Security Act of 1947, as Act, the Director of Central Intelligence positions be simultaneously occupied by so amended, is further amended by inserting shall submit to Congress a report setting commissioned officers of the Armed Forces, after the item relating to section 110 the fol- forth— whether in active or retired status. lowing new item: (A) the results of a review of the threats to ø‘‘(b) CENTRAL INTELLIGENCE AGENCY SUP- ø‘‘Sec. 120. National Imagery and Mapping the United States on protecting the national PORT FOR NATIONAL IMAGERY AND MAPPING Agency.’’. information infrastructure against informa- AGENCY.— øSEC. 802. EFFECTIVE DATE. tion warfare and other non-traditional at- ø‘‘(1) ADMINISTRATIVE AND CONTRACTING øThe amendments made by this title shall tacks; and SERVICES.—Notwithstanding any other provi- take effect on the later of— (B) the counterintelligence response of the sion of law, the Central Intelligence Agency ø(1) the date of the enactment of an Act Director. may, under terms and conditions agreed to appropriating funds for the National Im- (2) The report shall include a description of by the Secretary of Defense and the Director agery and Mapping Agency for fiscal year the plans of the intelligence community to of Central Intelligence, provide administra- 1997; or provide intelligence support for the indica- tive and contracting services (including the ø(2) October 1, 1996.¿ tions, warning, and assessment functions of services of security police notwithstanding SEC. 801. NATIONAL MISSION AND COLLECTION the intelligence community with respect to any limitations on the jurisdiction of such TASKING AUTHORITY FOR THE NA- information warfare and other non-tradi- personnel contained in section 15 of the Cen- TIONAL IMAGERY AND MAPPING tional attacks by foreign nations, groups, or tral Intelligence Agency Act of 1949), and de- AGENCY. individuals against the national information tail personnel indefinitely to the National (a) IN GENERAL.—(1) Title I of the National infrastructure. Imagery and Mapping Agency, in furtherance Security Act of 1947 (50 U.S.C. 402 et seq.) is (b) DEFINITIONS.—For purposes of this sec- of the national intelligence effort. amended by adding at the end the following: tion: ø‘‘(2) TRANSFER AND ACCEPTANCE.—The Na- ‘‘NATIONAL MISSION AND COLLECTION TASKING (1) The term ‘‘national information infra- tional Imagery and Mapping Agency will AUTHORITY FOR THE NATIONAL IMAGERY AND structure’’ includes the information infra- transfer funds to the Central Intelligence MAPPING AGENCY structure of the public or private sector. Agency for the purposes of producing im- ‘‘SEC. 110. (a) NATIONAL MISSION.—The Na- (2) The term ‘‘intelligence community’’ agery and imagery-related products of national Imagery and Mapping Agency shall have has the meaning given that term in section tional importance, and the Central Intel- a national mission to support the imagery re- 3(4) of the National Security Act of 1947 (50 ligence Agency may accept a transfer of quirements of the Department of State, the De- U.S.C. 401a(4)). funds from the National Imagery and Map- partment of Defense, and other departments and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10635 agencies of the Federal Government. The Direc- committee had reached after 6 years of agencies, and the work already done by tor of Central Intelligence shall establish re- focused examination of the missions, the Aspin-Brown Commission and quirements and priorities to govern the collec- functions, and organizational arrange- other groups—all of these factors led us tion of national intelligence by the National Im- ments for the intelligence community. to believe that the time was ripe for in- agery and Mapping Agency. The Secretary of Defense and the Director of Central Intel- Triggered by the end of the cold war, telligence reform. We marked up our ligence, in consultation with the Chairman of this examination had gained momen- bill in April in order to ensure that the the Joint Chiefs of Staff, shall jointly identify tum in 1994 in the wake of the Ames es- Armed Services Committee would have deficiencies in the capabilities of the National pionage case and the revelation that plenty of time to consider it. Imagery and Mapping Agency to accomplish as- the National Reconnaissance Office The Department of Defense, from the signed national missions and shall jointly de- [NRO] had built an expensive new outset, opposed anything in the bill velop policies and programs to review and cor- building without adequately informing that enhanced the authority of the DCI rect such deficiencies. Congress. at the expense of the Secretary of De- ‘‘(b) COLLECTION AND TASKING AUTHORITY.— I do not need to remind my col- fense. In an April 29 letter to the Except as otherwise agreed by the Director of leagues that just 2 years ago members Central Intelligence and the Secretary of De- Armed Services Committee, Deputy fense pursuant to direction provided by the of this body from both parties—angered Secretary of Defense John White stated President, the Director of Central Intelligence by what appeared to be a lack of direc- that ‘‘clear and unambiguous lines of has the authority to approve collection require- tion and accountability in the intel- authority from the Secretary of De- ments, determine collection priorities, and re- ligence community, and particularly in fense to the Defense intelligence agen- solve conflicts in collection priorities levied on the CIA—stood in this Chamber to call cies and the embedded Service intel- national imagery collection assets.’’. for a massive overhaul of our intelligence elements are crucial’’ to ensur- (2) The table of contents in the first section of ligence apparatus. In order to avoid ing ‘‘that those who depend on intel- that Act is amended by inserting after the item precipitous action, the Senate adopted relating to section 109 the following new item: ligence—especially our nation’s mili- a proposal offered by Senators WARNER, tary forces—receive the timely and re- ‘‘Sec. 110. National mission and collection GRAHAM, and others to create a bipar- tasking authority for the National sponsive intelligence they require.’’ Imagery and Mapping Agency.’’. tisan Commission on the Roles and Ca- Deputy Secretary White argued that pabilities of the U.S. intelligence com- enhancing the DCI’s authorities over (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on the later munity to conduct a credible, inde- NSA, NRO, and CIO would ‘‘unneces- of— pendent, and objective review of U.S. sarily complicate those lines of com- (1) the date of the enactment of the National intelligence. The Commission was mand and control.’’ Defense Authorization Act for Fiscal Year 1997; given a deadline of March 1, 1996, with I agree completely that intelligence or the expectation that its report would consumers, especially military con- (2) the date of the enactment of this Act. inform a legislative debate resulting in sumers whose lives may be at risk, Mr. SPECTER. Mr. President, today enactment of needed changes during must have timely and responsive intel- the Senate takes up S. 1718, the Intel- the 104th Congress. The Commission ligence. I do not agree, however, that ligence Authorization Act for fiscal was chaired by former Congressman this objective can be accomplished year 1997. In addition to containing the and Secretary of Defense Les Aspin through exclusive management by the annual authorization for appropria- until his untimely death and later by Secretary of Defense of NSA, NRO, and tions for elements of the U.S. intel- former Secretary of Defense Harold CIO. The fact is that in the course of ligence community, this bill includes a Brown. The 17-member Commission in- running an over $240 billion depart- number of important provisions included two of our distinguished col- ment the Secretary of Defense simply tended to ensure that our intelligence leagues, JOHN WARNER and JIM EXON, does not have time to exercise any de- agencies operate more effectively and and two of our former colleagues, War- gree of command and control over De- more efficiently in the post-cold-war ren Rudman, who served as vice chair- fense intelligence agencies. world. man, and Wyche Fowler. The consequences of continuing the The end of the cold war did not solve While the Aspin-Brown Commission fiction of Secretary of Defense manage- America’s national security concerns. was conducting its review, our comment of these intelligence agencies at As evidenced by the bombing in June of mittee and its staff also held a number the expense of real management by the the Khobar Towers facility in Dhahran, of hearings, received briefings, and DCI is significant. The country needs Saudi Arabia and the possible com- conducted interviews regarding the ap- to vest the authority in the DCI so that plicity of international terrorists in propriate missions and organizational intelligence, such as that produced by the downing of TWA flight 800 in July, structure of the intelligence commu- the Defense Intelligence Agency in the focus of those concerns can shift nity. During the course of these efforts, mid-June warning of threats to United with the speed and force of an explo- two additional incidents—the failure of States troops at Khobar Towers in sion. The need for a national security CIA officials to inform Congress of the Saudi Arabia, is certain to receive the apparatus that is equally dynamic is possible involvement of CIA assets in kind of attention it is warranted. We clear. Title VII of S. 1718—the Intel- human rights abuses in Guatemala and need a DCI who can rattle the cages ligence Activities Renewal and Reform the failure of NRO officials to tell ei- when necessary, so that consumers of Act of 1996—contains measures de- ther the DCI or Congress that the NRO intelligence cannot attribute policy signed to improve our Nation’s intel- had accumulated over $1 billion in un- failures to intelligence shortcomings. ligence capabilities in order to meet used funds—further convinced our Both the Downing Commission and the the rapidly changing threats to our na- Committee that the intelligence com- staff report of the SSCI concluded that tional security. munity needed greater central direc- the tragedy at Khobar Towers was not Title VII takes significant steps to- tion and accountability. Based on the attributable to an intelligence failure. ward this objective in two ways: First, Aspin-Brown Commission’s rec- It is deeply regrettable that, as a result it improves an institutional framework ommendations and on the results of of changes insisted upon by the Armed for ensuring that the decisionmakers our own review, the committee re- Services Committee, the country will who rely on intelligence can provide ported out S. 1718 on April 24, 1996. have to wait for another Congress and prompt, clear guidance to the intel- The bill was subsequently taken on perhaps additional bitter experiences ligence community on what their needs sequential referral by the Armed Serv- before the needed changes can be made. are and what the priorities are. Second, ices Committee, which informed the Testifying before our committee on it improves the Director of Central Intelligence Committee that it did not April 24, 1996, Director Deutch provided Intelligence’s authority and improves want to consider any intelligence re- some interesting insights on the abil- the structure he needs to respond form this year. The Intelligence Com- ity of the Deputy Secretary of Defense quickly in an effective, efficient, and mittee did not believe that intelligence to exercise the authorities DOD fought responsible manner. reforms could be put off for another so desperately to retain. When asked S. 1718, as originally reported out by year. The rapidly changing world, the whether we should hold the Deputy the Senate Select Committee on Intel- recent incidents that have undermined Secretary of Defense or the DCI ac- ligence, reflected the conclusions this public confidence in our intelligence countable for problems at the NRO, a

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10636 CONGRESSIONAL RECORD — SENATE September 17, 1996 key national intelligence agency with- agement of intelligence, we were able within the Federal Government, and in the Department of Defense, he re- to get a bill out of the Armed Services this database has been invaluable for sponded: Committee that contains important identifying duplication among Federal The Deputy Secretary of Defense has got a new statutory assurances of DCI au- R&D programs. The committee be- tremendous set of issues covering a much thority and should enhance the pros- lieves that the DCI has been hampered larger range of resources—10 times—man- pects that future DCI’s will not have to in his ability to manage the intel- aging ten times the resources we’re talking rely merely on the good will of the Sec- ligence community by a lack of accu- about for the whole intelligence community. retary of Defense in order to effec- rate and comprehensive information So to say that you are going to go to the tively manage intelligence. The bill be- about all intelligence community ac- deputy—and I am not talking about person- fore you today contains much of what tivities. Development of a database for alities—and say to the Deputy Secretary of Defense, why didn’t you catch this, he’s the Intelligence Committee initially intelligence activities should give the going to say, well, I count on the DCI to keep proposed, but not as much as the coun- DCI one of the key tools he needs to track of this and to let the Secretary of De- try needs. That greater objective will provide greater direction and control of fense know. require continued efforts. U.S. intelligence programs. So in some sense, if we are going to say In addition to the amendments made In addition, section 716 of the bill that the Director of Central Intelligence to our bill by the Armed Services Com- would require the DCI to concur in rec- does not view himself or herself as being re- mittee, the Government Affairs Com- ommendations by the Secretary of De- sponsible for the NRO, fundamentally no- mittees took the bill for 53 days. At the fense to the President of individuals to body will be. end of that time, they reported it out be directors of NSA, NRO, or the newly In light of these realities, this com- with minor modifications to the provi- created National Imagery and Mapping mittee sought to give the DCI greater sion providing for a Commission to As- Agency, or to have his lack of concur- authority and responsibility to manage sess the Organization of the Federal rence noted. The DCI would also have the intelligence community. The Government to Combat the Prolifera- to be consulted by the appropriate de- Armed Services Committee, asserting tion of Weapons of Mass Destruction. partment head when appointing the their jurisdiction over the Defense De- Finally, the Rules Committee also heads of the major elements of the Na- partment, insisted on a number of originally requested sequential referral tional Foreign Intelligence Program, changes to keep provisions that af- of our bill in order to review a provi- including the Assistant Secretary of fected the intelligence agencies within sion that would have amended Senate State for Intelligence and Research, DOD. The Armed Services Committee Resolution 400, the charter for our the Assistant Director in charge of the and the Defense Department were most committee, to eliminate the 8-year FBI’s National Security Division, the concerned about those provisions that term limit on committee membership. Director of DIA, and the Director of would have given the DCI greater au- After consultations between our two the Department of Energy’s Office of thority to manage the intelligence committees and in response to con- Non-Proliferation and National Secu- community, including those elements cerns expressed by the majority leader, rity. This new authority will help to of the community that are part of the we agree to delete this provision and remedy a situation in which DCI’s—de- Department of Defense such as the Na- the Rules Committee withdrew its re- spite their statutory role as head of the tional Security Agency [NSA], the Na- quest for sequential referral of our bill. intelligence community—have had lit- tional Reconnaissance Office [NRO], We remain convinced that extending tle or no say in the appointments of and the Central Imagery Office. These the terms for membership of the over- the heads of major intelligence com- provisions would have given the DCI, sight committee is an essential step in munity elements. The Armed Services as head of the intelligence community, improving congressional oversight of Committee also agreed to include in authority to execute the budgets for intelligence, and I note that elimi- the DOD authorization bill a require- NSA, NRO, and CIO as well as shared nation of term limits was rec- ment that the DCI provide to the Sec- responsibility, together with the Sec- ommended by the Aspin-Brown Com- retary of Defense an annual perform- retary of Defense and for ensuring that mission, on which Senator WARNER ance evaluation of the heads of NSA, these agencies perform their national served. But in order to ensure consider- NRO, and NIMA. missions. The DCI would also have ation of S. 1718 in this shortened legis- The bill would also establish three been given authority to reprogram lative year, we have agreed to put off new Senate-confirmed Assistant Direc- funds from one program to another this issue for now. tors of Central Intelligence to assist within the National Foreign Intel- Now let me summarize the provisions the DCI in managing the intelligence ligence Program—which is the portion in our bill. I will begin with the reform community. One would focus on man- of the overall U.S. intelligence budget provisions in title VII. The key provi- aging the intelligence community’s the DCI is responsible for developing sions enhance the ability of the DCI to collection activities; the second would each year—even if the affected depart- manage the intelligence community by coordinate community-wide intel- ment or agency head objected to that providing him with new statutory au- ligence analysis and production; and transfer. Finally, the Intelligence Com- thority and an improved management the third would coordinate community mittee had voted for a provision to restructure. Specifically, section 707 of administrative programs. The com- quire DCI concurrence on the decision the bill gives the DCI new statutory mittee believes that one reason that as to who should head the major collec- authority to participate in the develop- successive DCI’s have been unable to tion agencies: NSA, NRO, and the Na- ment of the budgets for the Joint Mili- exercise stronger management over the tional Imagery and Mapping Agency. tary Intelligence Program and for tac- intelligence community is that they This was watered down by Armed Serv- tical intelligence and related activi- have lacked an adequate management ices to a qualified concurrence, allow- ties; to approve all collection require- structure. We believe these new posi- ing the recommendation of the Sec- ments and priorities and to resolve tions will help the DCI fulfill his com- retary of Defense to be forwarded to conflicts among priorities; and the munity role. the President over the DCI’s objection right to be consulted by the Secretary In addition to strengthening the au- so long as that objection is noted. of Defense before the Secretary repro- thorities of the DCI, the bill also cre- Given the length of time the Armed grams funds within joint military in- ates two new committees of the Na- Services Committee and, then, the telligence programs. tional Security Council—a Committee Government Affairs Committee held Section 707 would also require the on Foreign Intelligence and a Com- this bill, and in light of the abbreviated DCI and the Secretary of Defense to de- mittee on Transnational Threats—to legislative schedule, we were unable to velop a database of all intelligence pro- provide better policy guidance for the bring these important issues to the grams and activities, including re- intelligence community and for depart- floor of the Senate for debate and a source and budget execution informa- ments and agencies involving in fight- vote. Nevertheless, despite the Defense tion. The Office of Science and Tech- ing international terrorism and crime. Department’s initial refusal to relin- nology Policy within the White House The creation of both committees were quish any significant authority to en- has recently developed a database of recommended by the Aspin-Brown sure more efficient and effective man- all research and development activities Commission.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10637 Section 715 clarifies that intelligence formed from the current Central Im- most complex technical issues. His in- collection agencies may accept tasking agery Office, the Defense Mapping sights and efforts were absolutely es- from law enforcement agencies to col- Agency, CIA’s National Photographic sential to the passage of this bill and lect intelligence about non-U.S. per- Interpretation Center, and certain to the committee’s work overall. In ad- sons outside the United States. This other imagery related elements. As dition, I would like to take this oppor- provision is necessary because CIA and originally reported by our committee, tunity to recognize the excellent work NSA read their legal authorities as pre- title VIII included provisions that of the committee staff, particularly venting them accepting tasking from would have established NIMA. The Charlie Battaglia, Chris Straub, Su- law enforcement agencies lest they be DOD authorization bill, which was re- zanne Spaulding, John Bellinger, and considered to be exercising law en- ported by the Armed Services Com- Ed Levine. forcement powers. The provision is nar- mittee later than our bill, included a Mr. KERREY. Mr. President, this rowly tailored to apply only to collec- more comprehensive statutory frame- year’s bill once again attempts to help tion outside the United States about work governing NIMA, and we agreed the intelligence community make the non-U.S. persons. to the removal of the provisions estab- transition to a post-cold-war world Section 717 of the bill calls for disclo- lishing NIMA in our bill and their re- where the looming military threat of sure of the intelligence budget top placement with provisions in the Na- the Soviet Union has been replaced by line—that is, the aggregate of NFIP, tional Security Act defining the new a more subtle—but increasingly seri- JMIP, and TIARA. This number has agency’s national mission and the ous—array of threats. The committee been in the public domain for some DCI’s tasking authorities. The DCI’s has attempted to help intelligence time, without carrying us down the so- tasking authorities are especially im- make the transition with a series of called slippery slope of more detailed portant. For the first time in statute, provisions in the bill to reform the community’s weaknesses and renew its disclosures. The DCI supports disclo- the DCI now has the specific authority confidence in itself and in the products sure, the Aspin-Brown Commission to approve collection requirements, de- it provides to policy makers. supports disclosure, and the adminis- termine collection priorities, and re- Chairman SPECTER has been key in solve conflicts in priorities levied on tration supports disclosure. Disclosure ensuring the committee has moved for- our national imagery satellites and of the top line provides no new infor- ward to recommend to the Senate im- mation to our enemies. In fact, I be- other imagery assets. portant changes in the intelligence I also want to mention that the lieve this disclosure will actually community. Under his leadership, we Armed Services Committee attempted strengthen our ability to protect vital have examined in detail many short- to establish NIMA as a combat support national secrets by bolstering the comings and failures which can only credibility of our classification deci- agency of the Department of Defense. lead to the conclusion substantial sions—officially revealing the budget We strongly opposed this formulation change is in order. Without Chairman because it slighted the critical imagery total tells the American public is that SPECTER’s tireless efforts on the part of we are using classification to protect needs of the National Security Council, reform and renewal, the committee vital national secrets, not to conceal the Department of State, and other would not have been able to get to the information that might be inconven- non-DOD consumers. Our committee point where we are today: recom- ient to defend. And I think it would not was unwilling to have NIMA cater to mending improvements that will have be difficult to defend the size of the in- the exclusive needs of the Defense De- far reaching effects and make sure the telligence budget, given the complex partment. Accordingly, we modified intelligence community is positioned world we live in today. the language in the DOD authorization to understand the threats of tomorrow. These are the principal reform provi- bill, which we took on sequential refer- This year’s bill also seeks to provide sions contained in the Intelligence Au- ral, to provide that NIMA is not only a an adequate level of funding for the in- thorization Act. The bill contains a combat support agency but also has telligence community, with the com- number of additional important provi- significant national missions. I also mittee seeking a modest, 1 percent in- sions. want to note that although NIMA has crease to the President’s request. Con- Title V of the bill criminalizes theft been added to the list of combat sup- gress has cut the DCI’s request for na- of economic proprietary information port agencies in 10 U.S.C. 193(f), sub- tional intelligence each year for the by a person acting on behalf of a for- section (d) of section 193, as amended past 7 years, and I believe stress and eign government or its agent. This pro- by the DOD authorization bill, specifi- strain in our national intelligence ca- vision is the result of nearly 4 years of cally provides that the Chairman of the pabilities will follow unless we reverse hearing and study by our committee. Joint Chief’s oversight over NIMA this trend. However, since this bill was We held hearings on this provision ear- shall apply ‘‘only with respect to com- marked up in April, the defense author- lier this year, and we are convinced by bat support functions [the Agency] per- ization conference acted to cut na- both the classified and unclassified tes- forms for the Department of Defense.’’ tional intelligence by some 3 percent timony that economic espionage is a This language makes clear that NIMA and the ongoing defense authorization problem that needs to be remedied im- has important noncombat support conference is likely to redirect funds mediately in the interests of our na- functions that are not subject to the requested by the administration for national economy and thus our national control of the Chairman of the Joint tional intelligence to other defense security. Chiefs. programs. I am discouraged that there Title VI would create a Commission This concludes my summary of this seems to be no constituency of support to Assess the Organization of the Fed- year’s intelligence authorization bill, for national intelligence, even in a eral Government to Combat the Pro- including the reform provisions in title year in which the Congress is adding liferation of Weapons of Mass Destruc- VII. Congress has been considering leg- significant resources to the defense tion. The eight members of the Com- islation to reform the intelligence budget. mission are to be appointed by the community to meet the challenges of I opened my remarks by saying the President and the congressional leader- the post-cold-war world since at least committee is once again attempting to ship. The Commission is required to 1990. Today, despite continuing bureau- reform and renew intelligence because conduct a study of the organization of cratic resistance, the Senate is taking it engaged in a similar effort as part of the Federal Government, including the significant steps toward finally achiev- the fiscal year 1993 National Foreign intelligence community, for combating ing that objective. Intelligence Program authorization weapons proliferation. I want to thank the distinguished process. The committee ran into many Finally, title VIII of the bill, as vice chairman, Senator KERREY, for his roadblocks in the fall of 1992 which pre- amended by the Armed Services Com- unflagging and nonpartisan commit- vented it from moving ahead with sub- mittee, codifies the national mission ment to the work of the committee. stantial reforms. Unfortunately, the and tasking authorities of the DCI for Senator KERREY brings to this com- committee finds itself in somewhat of the new National Imagery and Mapping mittee a unique understanding of the a similar position today. Nevertheless, Agency [NIMA]. NIMA is a new agency business of intelligence and a willing- we are offering reforms which hope- within the Department of Defense ness and ability to master even the fully will point us in the direction of

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10638 CONGRESSIONAL RECORD — SENATE September 17, 1996 improved intelligence support to policy improved in the future and to guar- mittee on Transnational Threats both makers while at the same time stream- antee our unsurpassed defense capabili- could become the moribund bodies the lining some of the Intelligence commu- ties remain intact. Without the sup- low intensity conflict board has be- nity’s procedures so they are more report of the chairman and ranking come. Nonetheless, our committee sponsive to the evolving international member, we would not be able to feels so strongly that intelligence can environment. present a comprehensive package of re- support policy properly only if the pol- There are many reasons for intel- form to the Senate in which we all icy makers change their approach to ligence reform and renewal. Several of have confidence we are doing the right international threats, we believe it is the most significant have found their thing. best to allow the intelligence commu- way into the media. We are all aware of This year, we voted a bill out of Com- nity to focus its efforts in new and dif- the Aldrich Ames spy case where a CIA mittee: First, changing intelligence ferent ways based on NSC-level com- operations officer gave some of our support to policymakers so the committees. We recommend the Congress most sensitive information to the So- munity could better capitalize on the should take the risk and create these viet Union reportedly resulting di- rich resources of its people; second, en- two committees so the necessary tools rectly in the deaths of at least 10 peo- hancing some of the powers of the Di- will be available to the President if he ple. We also know about the excess rector of Central Intelligence so he chooses to use them. funds retained by the National Recon- would be able to exercise all of the nec- Our bill also requires the President naissance Office which prevented this essary authorities in the areas for to submit an annual report to Congress funding from being available for more which we recognize his responsibility; on intelligence needs and priorities for immediate projects. Incidents such as and third, reorganizing parts of the in- the next fiscal year and assess the per- these help to underscore the need for telligence community so that it is bet- formance of the intelligence commu- reform. ter structured for the profusion of dif- nity during the previous fiscal year. We The need for reform is widely recog- ferent threats endemic to the post cold envision this to be a companion docu- nized outside of the Congress. Last war world. ment to the national security strategy year Congress authorized a special In order to support policymakers bet- of the United States which the Presi- commission to ‘‘conduct a comprehen- ter, the bill we introduce today con- dent is required by law to submit annu- sive review of American intelligence.’’ tains several important innovations. ally to Congress. We believe this will In March of this year, the Commission First, it creates a Committee on For- help the Congress decide whether intel- issued a 217-page report containing eign Intelligence as part of the Na- ligence is supporting policy. As such, it over 36 recommendations for signifi- tional Security Council. This com- will allow the Congress to make the tough decisions on which programs cant change. Similarly, the Council on mittee would meet at least semiannu- should be funded and reject those pro- Foreign Relations this year issued its ally to provide broad guidance to the grams inconsistent with the Presi- own report on the need for intelligence intelligence community on major dent’s national security strategy and reform. Georgetown University’s Insti- issues. In addition to ensuring that in- congressional priorities. tute for the Study of Diplomacy added telligence would more closely support In some respects, the bill has created its call for reform in a report entitled, the needs of all policymakers in the controversy in the manner with which ‘‘Checklist for the Future of Intel- Government, it would be required to it addresses the office of the Director ligence.’’ And the executive branch rec- document the priorities of the policy- of Central Intelligence. Most Ameri- ognizes the need for reform as well. making community so that intel- cans expect the DCI to be a director. Their recognition is perhaps captured ligence would know how to allocate its After 49 years of experience, however, best by a CIA task force with the fore- relatively scarce resources. it is still painfully obvious he is the co- boding name of the ‘‘Intelligence Com- Second, the bill creates a Committee ordinator of central intelligence, not munity Revolution Task Force’’ which on Transnational Threats as part of the director. Each year, after he nego- called for sweeping changes. the National Security Council. In tiates with the Secretary of Defense, The need for reform must be balanced many ways, the threats to our national the Secretary of State, the Secretary by at least two considerations. First, security have changed significantly of Energy and the FBI Director, the the intelligence community is full of since the bipolar world where the Free DCI assembles an intelligence budget. dedicated men and women who, World confronted a Communist bloc. It often reflects what is bureau- through a sense of patriotism and a de- The role of the nation state is evolving cratically possible instead of what is sire to serve their country, will suc- into something different and several required. Therefore, he does not direct cessfully take the intelligence commu- increasingly serious threats to the anything in the fundamental way any nity into the 21st century. They will be United States crossnational bound- leader steers an organization. He does mentally ready to confront any chal- aries. Among these, terrorism and the not direct the intelligence community lenge. Second, reform does not mean proliferation of weapons of mass de- because he does not create a budget we should create a ‘‘Department of In- struction—and their means of deliv- based on his own tough decisions. To telligence.’’ Intelligence supports pol- ery—appear as the most significant. make matters worse, once he assembles icy. It informs leaders throughout the The policy community, however, still the budget and Congress approves it, Government and does not have to be largely focuses on a world composed of the DCI does not control how the organized as a separate part of the nations which only theoretically con- money is spent. That control belongs Government in order to be effective. trol the destinies of all mankind. The to the people with whom he negotiated What must be done, however, is to cre- intelligence community is struggling in the first place: the Secretary of De- ate an organization capable of capital- to bring the transnational threats to fense, the Secretary of State, the Sec- izing upon the abilities of its dedicated the forefront but, since intelligence retary of Energy, and the FBI Director. men and women and organize it so the supports policy and not vice versa, its Since the bill’s provisions dealing with leaders of the intelligence community warnings sometimes go unheeded. The budget control have created such con- have the authorities commensurate Committee on Transnational Threats troversy—sometimes misrepresented in with the responsibilities for which we will help to change the focus to the the media as an attempt to create a hold them accountable. The Congress new international disorder. ‘‘Department of Intelligence’’—the and many parts of the executive branch Mr. President, the committee har- committee is reporting a bill at this expect only the best intelligence, and bors no illusions about the possible late date with fewer DCI budget au- the community must be prepared to destinies of these committees. We all thorities than originally believed to be serve all segments of the Government, know quite well the usefulness of the important. Nonetheless, there are some including the Department of Defense. Low Intensity Conflict Board, an NSC- innovations still in the bill which will In this regard, I would like to take level board established by the Congress help the DCI better execute his respon- this opportunity to thank our col- to force the policy community to ad- sibilities. leagues on the Armed Services Com- dress the growing importance of low- Among these innovations is the cre- mittee. We have worked together to intensity conflict. The Committee on ation of the positions of three Assist- make sure intelligence support will be Foreign Intelligence and the Com- ant Directors of Central Intelligence.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10639 Generally, intelligence is conducted in posed agreement, the Office of the Sec- ecutive branch oversight of the Intel- three steps. First, information is col- retary of Defense provided the com- ligence Community. lected. Second, the information is ana- mittee with a memo signed in the early The bill also has one other signifi- lyzed and a report is written. Third, 1980’s. In it, the Secretary of Defense cant improvement for ensuring better the report is disseminated to policy- simply reminded his staff they could oversight of intelligence. The com- makers. Today, no one other than the not add or take money away from the mittee is recommending the position of DCI is personally responsible for the National Foreign Intelligence Program General Counsel of the Central Intel- collection of the information and its without officially coordinating it with ligence Agency be appointed by the analysis. I think we can all agree the the DCI. President and confirmed by the Senate. DCI is far too busy to focus on each Further, at the committee’s request, As stated in its report, the committee day’s priorities and requirements for the DOD Inspector General looked at believes the confirmation process en- collecting information. Further, he eight of DOD’s hundreds of procure- hances accountability and strengthens cannot personally supervise the daily ment programs to see if there were the oversight process. Currently, all work of the thousands of intelligence funding levels in excess of annual re- elements of the intelligence commu- analysts to ensure their reports are quirements such as those Congress nity, except the CIA, are part of de- properly focused, comprehensive, and found in the NRO. The results are quite partments having statutory general delivered on time. Thus, the DCI relies enlightening. Despite DOD s earlier de- counsels who are Senate confirmed. on a series of interagency committees nials in the media, five of the eight Many legal issues are unique to the to help him manage intelligence collec- randomly selected programs had more CIA. Unlike the other Senate-con- tion and analysis. We all know what it money available than they needed in firmed general counsels, there is little means when someone says a committee 1996. On the average, these five pro- informed public debate to aid the CIA’s is in charge: no one is in charge. The grams had almost 3 months extra fund- general counsel in its deliberations be- bill attempts to correct this lack of ac- ing. In fact, one program had 10 cause the issues often involve sensitive countability for intelligence collection months more funding available to it intelligence sources or methods. The and analysis by creating assistant di- than it could use in 1996. So after only confirmation process allows the Senate rectors who will be in charge of those a superficial IG evaluation of several to ensure better accountability and areas important for the production of DOD programs and despite DOD’s prot- oversight of this important position. intelligence. estations and claims of budget scrubs, Finally, the bill enhances the Direc- The bill also creates a third Assist- we know DOD ends up each year with tor of Central Intelligence’s authori- ant Director of Central Intelligence. more funds than they can spend. I do ties by giving him a formal say in the Today, most people believe the Direc- not say this in criticism of Defense naming of the directors of two of his tor of Central Intelligence is respon- managers, but rather to point to a most important agencies: the National sible for administering an intelligence characteristic common to complex Security Agency and the National Re- community consisting of tens of thou- multi-year efforts involving new tech- connaissance Office. Under current law sands of people. But, like the areas of nology, regardless of the Government and regulation, the Secretary of De- intelligence collection and analysis, department responsible for them. fense could name the heads of these there is no one other than the DCI who What may be a surprise is the answer two intelligence community agencies is personally responsible for the daily to the question: where was the DCI without seeing if the DCI agrees with management of the rambling institu- when the National Reconnaissance Of- the nominations. I think it should be tion we call the intelligence commu- fice was accumulating a backlog of obvious to my colleagues what I meant nity. In order to assist the DCI in the spending authority? The answer is, the when I called the DCI the Coordinator daily execution of this important re- DCI has no authority over how the of Central Intelligence. Not only does sponsibility, the bill creates the posi- NRO spends its money after Congress the Director not have much direct con- tion of an Assistant Director of Central authorizes and appropriates the funds. trol over his budget, he also does not Intelligence for Administration. Having no direct authority to move even have a required formal role in the The committee also has attempted in money around or to determine if the naming of the heads of the intelligence this bill to strengthen the DCI’s abili- money could be spent better elsewhere, community’s agencies. The bill takes a ties to discharge his responsibilities by it should not be a surprise the DCI was small step forward in giving him the statutorily requiring his participation not monitoring NRO’s execution of its opportunity to formally concur with an in important executive branch delib- budget. That authority rested with the appointment made by the Secretary of erations. As many of my colleagues Secretary of Defense. Defense. Even under the bill’s provi- will remember, late last year the The Director of Central Intelligence sions, the Secretary of Defense has suf- media carried stories stating the Na- does not have the authority to execute ficient independence he could appoint tional Reconnaissance Office had the intelligence budget. This has many the heads of the National Reconnais- amassed a large amount of funds excess serious consequences both from an in- sance Office and the National Security to their immediate needs. Responding ternal executive branch oversight per- Agency over the DCI’s objection. quickly in the media, senior Defense spective and from an operational per- I must add one thing in closing. Dur- officials placed blame elsewhere. They spective. Budget execution authority ing the intense discussions over the ap- accused the congressional oversight has occupied a lot of the committee’s propriate authorities of the Director of committees of being lax. They said a attention. In the original version of the Central Intelligence, it became clear to secret agreement between the DCI and bill, the committee attempted to give some of us there is a basic misunder- Secretary of Defense prevented the Of- the DCI greater authority over his own standing of intelligence and its rela- fice of the Secretary of Defense from budget. In order to get the bill to this tionship to the Department of Defense. keeping tabs on NRO funding. They stage in the annual authorization proc- Mr. President, as I have said time and said excess funding levels found in the ess, however, we have dropped several time again, intelligence supports pol- NRO would not be found in DOD pro- provisions which would have ensured icy. It also supports the planning and grams because the NRO was not ‘‘sub- greater internal oversight of spending the operations of our military forces. ject to the annual [DOD] programming on intelligence. Nonetheless, the bill The Secretary of Defense directly con- and budgeting ‘scrub’.’’ Based on these still gives the Director some insight trols the intelligence assets to ensure rapid Department of Defense off the into the Joint Military Intelligence that this essential function of intel- record denials in the press, everyone Program, and Tactical Intelligence and ligence will be fulfilled, and our troops turned to the DCI and asked, ‘‘Where Related Activities—programs funded will be properly supported. In addition, were you?’’ by the Department of Defense. While a as a principal customer of the DCI and As it turns out Mr. President, there modest improvement in aligning the the most knowledgeable and articulate was no secret agreement between DOD DCI’s authorities with his responsibil- customer, the Secretary of Defense will and the DCI. In fact, there was no ities, this new authority is important correctly ensure that national intel- agreement, secret or otherwise. When for ensuring better intelligence support ligence fulfills military requirements. asked to produce a copy of the sup- of policy and for improving internal ex- This is appropriate and everyone

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10640 CONGRESSIONAL RECORD — SENATE September 17, 1996 agrees it must occur without excep- ple, we have learned that the National who serve as the heads of U.S. intel- tion. But the Department of Defense is Reconnaissance Office carried billions ligence organizations. While these only one of many agencies that exe- of dollars in so-called forward-funding same officials must in some cases also cutes the foreign policy of the United on its books. These funds, which might report to the Secretary of Defense, States. And, historically, DOD is the have been either returned to the Treas- there is no reason in my view not to in- last part of the executive branch the ury or used for more pressing activities volve the DCI in their selection. Imag- President relies upon when he executes in the intelligence community or De- ine trying to run a business in the pri- U.S. policy overseas. We are a nation fense Department, remained hidden vate sector, or manage your office here that believes military power is the from view in large part because the Di- in the Senate, if you were not free to court of last resort in resolving inter- rector of Central Intelligence [DCI] and select or discipline your subordinates. national disputes, not the first. This his staff were not even aware of their Yet, that is the situation that the DCI makes intelligence support to the existence. I think this episode illus- finds himself in with regard to his warfighter the last step of intelligence trates as well as any the fact that DCI nominal subordinates at DIAA, NSA, support to foreign policy—not the first. has often been less of a director than a and NRO—the organizations which ac- Thus, as some push for more and more spokesman and ombudsman for the in- count for the great preponderance of intelligence support to the warfighter, telligence community. His degree of personnel and resources within the in- they in fact risk diminishing the cre- control and access to information has telligence community. This bill will ativity and quality of our foreign pol- often been shockingly limited, yet he ensure that the DCI concurs in the se- icy by forcing the intelligence commu- is the individual that the President, lection of intelligence agency heads by nity to become ‘‘militarized.’’ The in- Congress, and the Secretary of Defense the Secretary of Defense, or that his telligence community’s scarce re- look to ensure that the intelligence nonconcurrence be brought to the at- sources can only do so much and if community is operating both effec- tention of the President in the event of they focus almost exclusively on the tively and within the law. a disagreement. The DCI, pursuant to Department of Defense, the other ele- Another startling example of the lim- this provision, would also provide the ments of our Government will not have its of the DCI’s control and access oc- Secretary of Defense an annual per- the benefit of their advice and support. curred during the Intelligence Commit- formance evaluation of the heads of This is dangerous for the effectiveness tee’s investigation into the tragic Al- NSA, NRO, and the new National Im- of our foreign policy and could eventu- drich Ames case. One of the surprising agery and Mapping Agency. ally lead to an over-reliance on the De- facts to emerge from this investigation Sections 709, 710, and 711 of the bill partment of Defense to solve our for- was the revelation that neither Wil- strengthen the DCI’s staff by estab- eign policy problems simply because liam Webster nor Bob Gates knew the lishing new, senior intelligence com- the best information we have on a for- extent of the losses caused by Aldrich munity staff positions directly subordi- eign policy problem is focused on how Ames within the ranks of the CIA’s nate to the DCI. Specifically, the bill to solve it with military force. Intel- Russian assets, nor the degree of pene- establishes DCI deputies for collection, ligence support outside of the Depart- tration that had obviously occurred. analysis, and administration. This ap- ment of Defense is important, and it is Senior managers in the Directorate of proach differs from that proposed by critical to the proper functioning of Operations, like senior managers in the the administration, which seeks to the Government. The Congress must National Reconnaissance Office, felt have a single DCI deputy for commu- remain vigilant to make sure we do not free to withhold this critical informa- nity affairs and a second for the CIA. I cripple intelligence by relying too tion from the individual nominally re- am confident that these different ap- heavily on uninformed criticisms of in- sponsible for the performance of the proaches, which share a common objec- telligence support to the warfighter. U.S. intelligence community. tive, can be resolved in discussions Mr. COHEN. Mr. President, I rise The bill currently before the Senate with the House Intelligence Committee today to urge my colleagues to support would significantly strengthen the role and the administration prior to ap- the fiscal year 1997 intelligence author- of the DCI as the leader of the U.S. in- proval of the Intelligence conference ization bill. In addition to containing telligence community and thereby help report later this month. the annual schedule of authorizations to ensure greater coherence and dis- Mr. President, these organizational for intelligence activities, a matter cipline within its ranks. provisions are the product of numerous vital to U.S. national security, this First, section 707 of this bill grants hearings held by the Intelligence Com- legislation contains important provi- the DCI new statutory authority to mittee dating back to 1990. They are sions intended to reorganize the U.S. participate with the Secretary of De- intelligence community in order to in- fense in developing the Joint Military also to some degree the product of the crease its efficiency and effectiveness. Intelligence Program [JMIP] and indi- Presidential Commission on Intel- This bill also contains badly needed vidual service department [TIARA] in- ligence sponsored 2 years ago in the legislation to criminalize the theft of telligence budgets. The intent of this Senate by our distinguished colleague U.S. economic and proprietary data by section is to eliminate duplication Senator JOHN WARNER of Virginia. Fi- foreign governments or their agents. among national and military intel- nally, these provisions reflect substan- My colleagues should be aware that ligence programs. tial contributions and refinements notwithstanding the fall of the Soviet Second, this measure stipulates that made by the members and staff of the Union and the rise of modern informa- the DCI is responsible for approving all Senate Armed Services Committee. tion systems, the organization of the intelligence collection requirements These provisions have been the subject United States intelligence community and priorities. of substantial discussions, hearings, has remained essentially unchanged Third, it requires the DCI to be con- and debate, and I believe they deserve since 1947. The modest changes pro- sulted regarding proposed the support of every Senator. posed in this legislation, intended to reprogrammings within the Joint Mili- In addition to these very substantial assist the Director of Central Intel- tary Intelligence budget. and important organizational provi- ligence manage this disparate and com- Finally, section 707 requires the DCI sions, I would like to draw the atten- plex community in behalf of its many and Secretary of Defense to develop a tion of my colleagues to title V of S. consumers, are in my view long over- joint data base for all intelligence pro- 1718, which criminalizes economic espi- due. grams’ budget and activities. This pro- onage conducted against the United The U.S. intelligence community is vision will help to eliminate waste and States by foreign governments and without equal in terms of its sophis- duplication by ensuring that the DCI their agents. Too often, when consid- tication and global access. Yet, I be- and his staff have access to all of the ering the issue of economic espionage, lieve that we can acquire even more ca- information necessary to evaluate pro- the question that has been asked is pability from our intelligence commu- grams within different intelligence or- whether or not the United States nity if changes are made to its organi- ganizations. should try to collect information that zation and management. During the Section 716 of the bill will give DCI a might be of value to U.S. industry. I course of the last few years, for exam- voice in the selection of the individuals believe the answer to that question is

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10641 clearly ‘‘no.’’ The issue that has not re- of dedicated personnel who labor in ob- (b) TABLE OF CONTENTS.—The table of con- ceived as much attention as it de- scurity within the U.S. intelligence tents for this Act is as follows: serves, in my opinion, concerns the community. Most of their accomplish- Sec. 1. Short title; table of contents. threat posed to the U.S. economy by ments remain secret, but in my nearly TITLE I—INTELLIGENCE ACTIVITIES acts of industrial espionage per- 10 years of service on the Intelligence Sec. 101. Authorization of appropriations. petrated by foreign governments. Committee, I have developed enormous Sec. 102. Classified schedule of authorizations. Over the last few years I have tried respect and appreciation for their Sec. 103. Personnel ceiling adjustments. to move the discussion of these mat- achievements. They deserve the sup- Sec. 104. Community Management Account. ters out of the closed-door settings of port and appreciation of the American TITLE II—CENTRAL INTELLIGENCE AGEN- the Intelligence and Armed Services people, the best managerial structure CY RETIREMENT AND DISABILITY SYS- TEM Committees and into the public do- we can provide, and the resources nec- Sec. 201. Authorization of appropriations. main. Nearly 3 years ago the Senate essary to accomplish their many mis- adopted an amendment I offered to S. sions. I believe this bill is fully con- TITLE III—GENERAL PROVISIONS 4, the National Competitiveness Act, sistent with those objectives and I urge Sec. 301. Increase in employee compensation requiring the President to submit an its adoption by the Senate. and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence annual report on foreign industrial es- Mr. SPECTER. Mr. President, I ask activities. pionage modeled on the State Depart- unanimous consent that the committee Sec. 303. Postponement of applicability of sanc- ment’s annual report on terrorism, amendments be agreed to; further, that tions laws to intelligence activi- which has done a great deal to increase an amendment offered by the managers ties. media, and thus public, awareness of and an amendment offered by Senator Sec. 304. Post-employment restrictions. the terrorism threat. I offered my THURMOND which are at the desk be Sec. 305. Executive branch oversight of budgets amendment to the competitiveness bill considered and agreed to en bloc. of elements of the intelligence community. so that it would attract the attention The PRESIDING OFFICER. Without of the business media, rather than the objection, it is so ordered. TITLE IV—FEDERAL BUREAU OF INVESTIGATION defense-oriented press, and so that the The committee amendments were Commerce Committee would have ju- agreed to. Sec. 401. Access to telephone records. risdiction over it and become a forum The amendments (Nos. 5355 and 5356) TITLE V—ECONOMIC ESPIONAGE for congressional oversight of this considered and agreed to en bloc are as Sec. 501. Short title. problem. follows: Sec. 502. Prevention of economic espionage and protection of proprietary economic While this reporting requirement had AMENDMENT NO. 5355 information. to be moved to the intelligence author- (Purpose: To strike section 718, relating to TITLE VI—COMBATTING PROLIFERATION ization bill after S. 4 stalled in con- terms of service of members of the Select ference, I am pleased that the first two Committee on Intelligence of the Senate) Sec. 601. Short title. annual reports have resulted in more On page 72, strike out line 14 and all that Subtitle A—Assessment of Organization and and better media coverage of the follows through page 73, line 9. Structure of Government for Combatting Pro- liferation threat that economic espionage poses AMENDMENT NO. 5356 Sec. 611. Establishment of commission. to U.S. industry. At the same time, the (Purpose: Relating to the functions of the Sec. 612. Duties of commission. President’s report relegated too much Assistant Director of Central Intelligence Sec. 613. Powers of commission. information to the classified appendix, for Collection) Sec. 614. Commission personnel matters. not because release of the information On page 52, beginning on line 18, strike out Sec. 615. Termination of commission. would have put at risk sources and ‘‘shall manage’’ and all that follows through Sec. 616. Definition. methods, but because it would have page 52, line 23, and insert in lieu thereof Sec. 617. Authorization of appropriations. diplomatic repercussions. Nevertheless, ‘‘shall assist the Director of Central Intel- Subtitle B—Other Matters awareness of the problem has been in- ligence in carrying out the Director’s collec- Sec. 621. Reports on acquisition of technology creasing, as has the need to provide tion responsibilities in order to ensure the relating to weapons of mass de- efficient and effective collection of national struction and advanced conven- new tools to the FBI to deter the theft intelligence.’’’. of critical U.S. trade and economic in- tional munitions. Mr. SPECTER. Mr. President, I ask formation. TITLE VII—RENEWAL AND REFORM OF To their credit, Director Freeh and unanimous consent that the bill then INTELLIGENCE ACTIVITIES other administration officials have be read a third time and the Senate Sec. 701. Short title. been forward-leaning in addressing the then proceed to the consideration of Sec. 702. Committee on Foreign Intelligence. Calendar No. 420, H.R. 3259, the House Sec. 703. Annual reports on intelligence. problem, and we are now in the posi- Sec. 704. Transnational threats. tion of enjoying administration sup- companion measure; further, that all after the enacting clause be stricken Sec. 705. Office of the Director of Central Intel- port for the legislation that Senator ligence. and the text of S. 1718, as amended, be SPECTER and I introduced, which has Sec. 706. National Intelligence Council. been incorporated in this bill, to pro- inserted in lieu thereof, H.R. 3259 then Sec. 707. Enhancement of authority of Director vide the FBI the tools necessary to de- be deemed read a third time and of Central Intelligence to manage feat and when necessary successfully passed, with the motion to reconsider budget, personnel, and activities of intelligence community. prosecute acts of economic espionage. I laid upon the table. The PRESIDING OFFICER. Without Sec. 708. Responsibilities of Secretary of De- expect the FBI and the Justice Depart- objection, it is so ordered. fense pertaining to the National ment to use the new authorities pro- The bill (H.R. 3259), as amended, was Foreign Intelligence Program. vided by this legislation to aggres- Sec. 709. Improvement of intelligence collection. deemed read for a third time and sively investigate and prosecute acts of Sec. 710. Improvement of analysis and produc- passed, as follows: economic espionage. tion of intelligence. Mr. President, I would like to com- Resolved, That the bill from the House of Sec. 711. Improvement of administration of in- Representatives (H.R. 3259) entitled ‘‘An Act mend the chairman and vice chairman telligence activities. to authorize appropriations for fiscal year Sec. 712. Pay level of Assistant Directors of of the Intelligence Committee, as well 1997 for intelligence and intelligence-related Central Intelligence. as their staff, for their dedication and activities of the United States Government, Sec. 713. General Counsel of the Central Intel- hard work. It has not been easy to the Community Management Account, and ligence Agency. forge a consensus on the many legisla- the Central Intelligence Agency Retirement Sec. 714. Office of Congressional Affairs of the tive provisions contained in this bill, and Disability System, and for other pur- Director of Central Intelligence. but the very dedicated managers of the poses.’’, do pass with the following amend- Sec. 715. Assistance for law enforcement agen- bill have found solutions to the con- ment: cies by intelligence community. Strike out all after the enacting clause and Sec. 716. Appointment and evaluation of offi- cerns raised by the Armed Services insert: cials responsible for intelligence- Committee and the Department of De- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. related activities. fense. (a) SHORT TITLE.—This Act may be cited as Sec. 717. Requirements for submittal of budget In closing, I would like to also ex- the ‘‘Intelligence Authorization Act for Fiscal information on intelligence activi- press my admiration for the thousands Year 1997’’. ties.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 6343 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10642 CONGRESSIONAL RECORD — SENATE September 17, 1996

Sec. 718. Report on intelligence community pol- the Director of Central Intelligence is author- (b) REPORT ELEMENTS.—The report required icy on protecting the national in- ized 265 full-time personnel as of September 30, by subsection (a) shall— formation infrastructure against 1997. Such personnel of the Community Man- (1) describe the extent to which the elements strategic attacks. agement Staff may be permanent employees of of the intelligence community carrying out pro- TITLE VIII—NATIONAL IMAGERY AND the Community Management Staff or personnel grams and activities in the National Foreign In- MAPPING AGENCY detailed from other elements of the United telligence Program are subject to requirements Sec. 801. National mission and collection States Government. imposed on other elements and components of (c) REIMBURSEMENT.—During fiscal year 1997, tasking authority for the National the Department of Defense under the Chief Fi- any officer or employee of the United States or Imagery and Mapping Agency. nancial Officers Act of 1990 (Public Law 101– member of the Armed Forces who is detailed to 576), and the amendments made by that Act, TITLE I—INTELLIGENCE ACTIVITIES the staff of the Community Management Ac- and the Federal Financial Management Act of SEC. 101. AUTHORIZATION OF APPROPRIATIONS. count from another element of the United States 1994 (title IV of Public Law 103–356), and the Funds are hereby authorized to be appro- Government shall be detailed on a reimbursable amendments made by that Act; priated for fiscal year 1997 for the conduct of basis, except that any such officer, employee, or (2) describe the extent to which such elements the intelligence and intelligence-related activi- member may be detailed on a non-reimbursable submit to the Office of Management and Budget ties of the following elements of the United basis for a period of less than one year for the budget justification materials and execution re- States Government: performance of temporary functions as required ports similar to the budget justification mate- (1) The Central Intelligence Agency. by the Director of Central Intelligence. rials and execution reports submitted to the Of- (2) The Department of Defense. TITLE II—CENTRAL INTELLIGENCE AGEN- fice of Management and Budget by the non-in- (3) The Defense Intelligence Agency. telligence components of the Department of De- (4) The National Security Agency. CY RETIREMENT AND DISABILITY SYS- TEM fense; (5) The Department of the Army, the Depart- (3) describe the extent to which the National ment of the Navy, and the Department of the SEC. 201. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Reconnaissance Office submits to the Office of Air Force. Management and Budget, the Community Man- (6) The Department of State. Central Intelligence Agency Retirement and Dis- agement Staff, and the Office of the Secretary of (7) The Department of Treasury. ability Fund for fiscal year 1997 the sum of (8) The Department of Energy. $184,200,000. Defense— (A) complete information on the cost, sched- (9) The Federal Bureau of Investigation. TITLE III—GENERAL PROVISIONS (10) The Drug Enforcement Administration. ule, performance, and requirements for any new (11) The National Reconnaissance Office. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- major acquisition before initiating the acquisi- (12) The Central Imagery Office. TION AND BENEFITS AUTHORIZED tion; BY LAW. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- (B) yearly reports (including baseline cost and Appropriations authorized by this Act for sal- schedule information) on major acquisitions; TIONS. ary, pay, retirement, and other benefits for Fed- (a) SPECIFICATIONS OF AMOUNTS AND PER- (C) planned and actual expenditures in con- eral employees may be increased by such addi- nection with major acquisitions; and SONNEL CEILINGS.—The amounts authorized to tional or supplemental amounts as may be nec- be appropriated under section 101, and the au- (D) variances from any cost baselines for essary for increases in such compensation or major acquisitions (including explanations of thorized personnel ceilings as of September 30, benefits authorized by law. 1997, for the conduct of the intelligence and in- such variances); and SEC. 302. RESTRICTION ON CONDUCT OF INTEL- (4) assess the extent to which the National Re- telligence-related activities of the elements listed LIGENCE ACTIVITIES. in such section, are those specified in the classi- connaissance Office has submitted to Office of The authorization of appropriations by this Management and Budget, the Community Man- fied Schedule of Authorizations prepared to ac- Act shall not be deemed to constitute authority company the conference report on the bill ll agement Staff, and the Office of the Secretary of for the conduct of any intelligence activity Defense on a monthly basis a detailed budget of the One Hundred Fourth Congress. which is not otherwise authorized by the Con- (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF execution report similar to the budget execution stitution or the laws of the United States. AUTHORIZATIONS.—The Schedule of Authoriza- report prepared for Department of Defense pro- tions shall be made available to the Committees SEC. 303. POSTPONEMENT OF APPLICABILITY OF grams. SANCTIONS LAWS TO INTELLIGENCE on Appropriations of the Senate and House of (c) DEFINITIONS.—For purposes of this section: ACTIVITIES. (1) The term ‘‘congressional intelligence com- Representatives and to the President. The Presi- Section 905 of the National Security Act of dent shall provide for suitable distribution of mittees’’ shall mean the Select Committee on In- 1947 (50 U.S.C. 441d) is amended by striking telligence of the Senate and the Permanent Se- the Schedule, or of appropriate portions of the ‘‘the date which is one year after the date of the Schedule, within the executive branch. lect Committee on Intelligence of the House of enactment of this title’’ and inserting ‘‘January Representatives. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 6, 1998’’. (2) The term ‘‘National Foreign Intelligence (a) AUTHORITY FOR ADJUSTMENTS.—With the SEC. 304. POST-EMPLOYMENT RESTRICTIONS. Program’’ has the meaning given such term in approval of the Director of the Office of Man- (a) IN GENERAL.—Not later than 90 days after section 3(6) of the National Security Act of 1947 agement and Budget, the Director of Central In- the date of enactment of this Act, the Director (50 U.S.C. 401a(6)). telligence may authorize employment of civilian of Central Intelligence shall prescribe regula- TITLE IV—FEDERAL BUREAU OF personnel in excess of the number authorized for tions requiring each new and current employee INVESTIGATION fiscal year 1997 under section 102 when the Di- of the Central Intelligence Agency to sign a rector of Central Intelligence determines that written agreement restricting the activities of SEC. 401. ACCESS TO TELEPHONE RECORDS. such action is necessary to the performance of that employee upon ceasing employment with (a) ACCESS FOR COUNTERINTELLIGENCE PUR- important intelligence functions, except that the the Central Intelligence Agency. POSES.—Section 2709(b)(1) of title 18, United number of personnel employed in excess of the (b) AGREEMENT ELEMENTS.—The regulations States Code, is amended by inserting ‘‘local and number authorized under such section may not, shall provide that an agreement contain provi- long distance’’ before ‘‘toll billing records’’. for any element of the intelligence community, sions specifying that the employee concerned (b) CONFORMING AMENDMENT.—Section exceed two percent of the number of civilian not represent or advise the government, or any 2703(c)(1)(C) of such title is amended by insert- personnel authorized under such section for political party, of a foreign country during the ing ‘‘local and long distance’’ after ‘‘address,’’. such element. five-year period beginning on the termination of (c) CIVIL REMEDY.—Section 2707 of such title (b) NOTICE TO INTELLIGENCE COMMITTEES.— the employee’s employment with the Central In- is amended— The Director of Central Intelligence shall telligence Agency. (1) in subsection (a), by striking ‘‘customer’’ promptly notify the Permanent Select Committee (c) DISCIPLINARY ACTIONS.—The regulations and inserting ‘‘other person’’; on Intelligence of the House of Representatives shall specify appropriate disciplinary actions (2) in subsection (c), by adding at the end the and the Select Committee on Intelligence of the (including loss of retirement benefits) to be following: ‘‘If the violation is willful or inten- Senate whenever he exercises the authority taken against any employee determined by the tional, the court may assess punitive damages. granted by this section. Director of Central Intelligence to have violated In the case of a successful action to enforce li- SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. the agreement of the employee under this sec- ability under this section, the court may assess (a) AUTHORIZATIONS OF APPROPRIATIONS.— tion. the costs of the action, together with reasonable There is authorized to be appropriated for the SEC. 305. EXECUTIVE BRANCH OVERSIGHT OF attorney fees determined by the court.’’; Community Management Account of the Direc- BUDGETS OF ELEMENTS OF THE IN- (3) by redesignating subsections (d) and (e) as tor of Central Intelligence for fiscal year 1997 TELLIGENCE COMMUNITY. subsections (e) and (f), respectively; and the sum of $95,526,000. Within such amounts au- (a) REPORT.—Not later than 90 days after the (4) by inserting after subsection (c) the fol- thorized, funds identified in the classified date of the enactment of this Act, the President lowing new subsection (d): Schedule of Authorizations referred to in section shall submit to the congressional intelligence ‘‘(d) DISCIPLINARY ACTIONS FOR VIOLA- 102(a) for the Advanced Research and Develop- committees a report setting forth the actions TIONS.—If a court determines that any agency ment Committee and the Environmental Task that have been taken to ensure adequate over- or department of the United States has violated Force shall remain available until September 30, sight by the executive branch of the budget of this chapter and the court finds that the cir- 1998. the National Reconnaissance Office and the cumstances surrounding the violation raise the (b) AUTHORIZED PERSONNEL LEVELS.—The budgets of other elements of the intelligence question whether or not an officer or employee staff of the Community Management Account of community within the Department of Defense. of the agency or department acted willfully or

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10643 intentionally with respect to the violation, the or deception obtains proprietary economic infor- alty equal to not more than 5 times the value of agency or department concerned shall promptly mation; the exports or imports involved, or $100,000, initiate a proceeding to determine whether or ‘‘(2) wrongfully copies, duplicates, sketches, whichever is greater. not disciplinary action is warranted against the draws, photographs, downloads, uploads, alters, ‘‘(2) SEIZURE AND FORFEITURE.—Any mer- officer or employee.’’. destroys, photocopies, replicates, transmits, de- chandise imported or exported in violation of an TITLE V—ECONOMIC ESPIONAGE livers, sends, mails, communicates, or conveys order of the President issued under this section proprietary economic information; shall be subject to seizure and forfeiture in ac- SEC. 501. SHORT TITLE. ‘‘(3) being entrusted with, or having lawful cordance with sections 602 through 619 of the This title may be cited as the ‘‘Economic Espi- possession or control of, or access to, propri- Tariff Act of 1930. onage Act of 1996’’. etary economic information, wrongfully copies, ‘‘(3) APPLICABILITY OF OTHER PROVISIONS.— SEC. 502. PREVENTION OF ECONOMIC ESPIONAGE duplicates, sketches, draws, photographs, The provisions of law relating to seizure, sum- AND PROTECTION OF PROPRIETARY mary and judicial forfeiture, and condemnation ECONOMIC INFORMATION. downloads, uploads, alters, destroys, photocopies, replicates, transmits, delivers, sends, of property for violation of the United States (a) IN GENERAL.—Part I of title 18, United mails, communicates, or conveys the same; customs laws, the disposition of such property States Code, is amended by inserting after chap- or the proceeds from the sale thereof, the remis- ter 27 the following new chapter: ‘‘(4) receives, buys, or possesses proprietary economic information, knowing the same to sion or mitigation of such forfeiture, and the ‘‘CHAPTER 28—ECONOMIC ESPIONAGE have been stolen or wrongfully appropriated, compromise of claims, shall apply to seizures ‘‘Sec. obtained, or converted; and forfeitures incurred, or alleged to have been ‘‘571. Definitions. ‘‘(5) attempts to commit any offense described incurred under this section to the extent that ‘‘572. Economic espionage. in any of paragraphs (1) through (4); they are applicable and not inconsistent with ‘‘573. Criminal forfeiture. ‘‘(6) wrongfully solicits another to commit any the provisions of this chapter. ‘‘574. Import and export sanctions. offense described in any of paragraphs (1) ‘‘§ 575. Scope of extraterritorial jurisdiction ‘‘575. Scope of extraterritorial jurisdiction. through (4); or ‘‘This chapter applies— ‘‘576. Construction with other laws. ‘‘(7) conspires with one or more other persons ‘‘(1) to conduct occurring within the United ‘‘577. Preservation of confidentiality. to commit any offense described in any of para- States; and ‘‘578. Law enforcement and intelligence activi- graphs (1) through (4), and one or more of such ‘‘(2) to conduct occurring outside the United ties. persons do any act to effect the object of the States if— ‘‘§ 571. Definitions conspiracy, ‘‘(A) the offender is a United States person; or ‘‘For purposes of this chapter, the following shall, except as provided in subsection (b), be ‘‘(B) the act in furtherance of the offense was definitions shall apply: fined not more than $500,000 or imprisoned not committed in the United States. ‘‘(1) FOREIGN AGENT.—The term ‘foreign more than 25 years, or both. ‘‘§ 576. Construction with other laws agent’ means any officer, employee, proxy, serv- ‘‘(b) ORGANIZATIONS.—Any organization that ‘‘This chapter shall not be construed to pre- ant, delegate, or representative of a foreign na- commits any offense described in subsection (a) empt or displace any other remedies, whether tion or government. shall be fined not more than $10,000,000. civil or criminal, provided by Federal, State, ‘‘(2) FOREIGN INSTRUMENTALITY.—The term ‘‘(c) EXCEPTION.—It shall not be a violation of commonwealth, possession, or territorial laws ‘foreign instrumentality’ means any agency, bu- this section to disclose proprietary economic in- that are applicable to the misappropriation of reau, ministry, component, institution, associa- formation in the case of— proprietary economic information. tion, or any legal, commercial, or business orga- ‘‘(1) appropriate disclosures to Congress; or ‘‘§ 577. Preservation of confidentiality nization, corporation, firm, or entity that is sub- ‘‘(2) disclosures to an authorized official of an ‘‘In any prosecution or other proceeding stantially owned, controlled, sponsored, com- executive agency that are deemed essential to under this chapter, the court shall enter such manded, managed, or dominated by a foreign reporting a violation of United States law. government or any political subdivision, instru- orders and take such other action as may be ‘‘§ 573. Criminal forfeiture mentality, or other authority thereof. necessary and appropriate to preserve the con- ‘‘(3) OWNER.—The term ‘owner’ means the ‘‘(a) IN GENERAL.—Notwithstanding any pro- fidentiality of proprietary economic information, person or persons in whom, or the United States vision of State law to the contrary, any person consistent with the requirements of the Federal Government component, department, or agency convicted of a violation under this chapter shall Rules of Criminal Procedure, the Federal Rules in which, rightful legal, beneficial, or equitable forfeit to the United States— of Civil Procedure, the Federal Rules of Evi- title to, or license in, proprietary economic in- ‘‘(1) any property constituting, or derived dence, and all other applicable laws. An inter- formation is reposed. from, any proceeds the person obtained, directly locutory appeal by the United States shall lie ‘‘(4) PROPRIETARY ECONOMIC INFORMATION.— or indirectly, as the result of such violation; and from a decision or order of a district court au- The term ‘proprietary economic information’ ‘‘(2) any of the property of that person used, thorizing or directing the disclosure of propri- means all forms and types of financial, business, or intended to be used, in any manner or part, etary economic information. scientific, technical, economic, or engineering to commit or facilitate the commission of such ‘‘§ 578. Law enforcement and intelligence ac- information (including data, plans, tools, mech- violation. tivities anisms, compounds, formulas, designs, proto- ‘‘(b) COURT ACTION.—The court, in imposing ‘‘This chapter does not prohibit, and shall not types, processes, procedures, programs, codes, or sentence on such person, shall order, in addition impair, any lawful activity conducted by a law commercial strategies, whether tangible or in- to any other sentence imposed pursuant to this enforcement or regulatory agency of the United tangible, and whether stored, compiled, or me- chapter, that the person forfeit to the United States, a State, or a political subdivision of a morialized physically, electronically, graphi- States all property described in this section. State, or an intelligence agency of the United cally, photographically, or in writing), if— ‘‘(c) APPLICABILITY OF OTHER LAW.—Property States.’’. ‘‘(A) the owner thereof has taken reasonable subject to forfeiture under this section, any sei- (b) CLERICAL AMENDMENT.—The table of measures to keep such information confidential; zure and disposition thereof, and any adminis- chapters at the beginning of part I of title 18, and trative or judicial proceeding in relation thereto, United States Code, is amended by inserting ‘‘(B) the information derives independent eco- shall be governed by the provisions of section after the item relating to chapter 27 the fol- nomic value, actual or potential, from not being 413 of the Comprehensive Drug Abuse Preven- lowing new item: tion and Control Act of 1970 (21 U.S.C. 853), generally known to, and not being readily as- ‘‘28. Economic espionage ...... 571’’. certainable through proper means by, the pub- other than subsection (d) of that section. (c) CONFORMING AMENDMENT.—Section lic. ‘‘§ 574. Import and export sanctions 2516(1)(a) of title 18, United States Code, is ‘‘(5) UNITED STATES PERSON.—The term ‘‘(a) ACTION BY THE PRESIDENT.—The Presi- amended by inserting ‘‘chapter 28 (relating to ‘United States person’ means— dent may, to the extent consistent with inter- economic espionage),’’ after ‘‘or under the fol- ‘‘(A) in the case of a natural person, a citizen national agreements to which the United States lowing chapters of this title:’’. of the United States or a permanent resident is a party, prohibit, for a period of not longer TITLE VI—COMBATTING PROLIFERATION alien of the United States; and than 5 years, the importation into, or expor- ‘‘(B) in the case of an organization (as that tation from, the United States, whether by car- SEC. 601. SHORT TITLE. This title may be cited as the ‘‘Combatting term is defined in section 18 of this title), an en- riage of tangible items or by transmission, any Proliferation of Weapons of Mass Destruction tity substantially owned or controlled by citi- merchandise produced, made, assembled, or Act of 1996’’. zens of the United States or permanent resident manufactured by a person convicted of any of- aliens of the United States, or incorporated in fense described in section 572 of this title, or in Subtitle A—Assessment of Organization and the United States. the case of an organization convicted of any of- Structure of Government for Combatting ‘‘§ 572. Economic espionage fense described in such section, its successor en- Proliferation ‘‘(a) IN GENERAL.—Any person who, with tity or entities. SEC. 611. ESTABLISHMENT OF COMMISSION. knowledge or reason to believe that he or she is ‘‘(b) ACTION BY THE SECRETARY OF THE TREAS- (a) ESTABLISHMENT.—There is established a acting on behalf of, or with the intent to ben- URY.— commission to be known as the Commission to efit, any foreign nation, government, instrumen- ‘‘(1) CIVIL PENALTY.—The Secretary of the Assess the Organization of the Federal Govern- tality, or agent, knowingly— Treasury may impose on any person who know- ment to Combat the Proliferation of Weapons of ‘‘(1) steals, wrongfully appropriates, takes, ingly violates any order of the President issued Mass Destruction (in this subtitle referred to as carries away, or conceals, or by fraud, artifice, under the authority of this section, a civil pen- the ‘‘Commission’’).

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10644 CONGRESSIONAL RECORD — SENATE September 17, 1996

(b) MEMBERSHIP.—The Commission shall be (D) the effectiveness of the organization and employee of the Federal Government shall be composed of eight members of whom— function of interagency groups in ensuring im- compensated at a rate equal to the daily equiva- (1) four shall be appointed by the President; plementation of United States treaty obliga- lent of the annual rate of basic pay prescribed (2) one shall be appointed by the Majority tions, laws, and policies with respect to non- for level IV of the Executive Schedule under sec- Leader of the Senate; proliferation; tion 5315 of title 5, United States Code, for each (3) one shall be appointed by the Minority (E) the administration of sanctions for pur- day (including travel time) during which such Leader of the Senate; poses of nonproliferation, including the meas- member is engaged in the performance of the du- (4) one shall be appointed by the Speaker of ures taken by departments and agencies of the ties of the Commission. All members of the Com- the House of Representatives; and Federal Government to implement, assess, and mission who are officers or employees of the (5) one shall be appointed by the Minority enhance the effectiveness of such sanctions; United States shall serve without compensation Leader of the House of Representatives. (F) the organization, management, and over- in addition to that received for their services as (c) QUALIFICATIONS OF MEMBERS.—(1) To the sight of United States counterproliferation ac- officers or employees of the United States. maximum extent practicable, the individuals ap- tivities; (b) TRAVEL EXPENSES.—The members of the pointed as members of the Commission shall be (G) the recruitment, training, morale, exper- Commission shall be allowed travel expenses, in- individuals who are nationally recognized for tise, retention, and advancement of Federal cluding per diem in lieu of subsistence, at rates expertise regarding— Government personnel responsible for the non- authorized for employees of agencies under sub- (A) the nonproliferation of weapons of mass proliferation functions of the Federal Govern- chapter I of chapter 57 of title 5, United States destruction; ment, including any problems in such activities; Code, while away from their homes or regular (B) the efficient and effective implementation (H) the role in United States nonproliferation places of business in the performance of services of United States nonproliferation policy; or activities of the National Security Council, the for the Commission. (C) the implementation, funding, or oversight Office of Management and Budget, the Office of (c) STAFF.— of the national security policies of the United Science and Technology Policy, and other of- (1) IN GENERAL.—The Chairman of the Com- States. fices in the Executive Office of the President mission may, without regard to the civil service (2) An official who appoints members of the having responsibilities for such activities; Commission may not appoint an individual as a (I) the organization of the activities of the laws and regulations, appoint and terminate an member if, in the judgment of the official, the Federal Government to verify government-to- executive director and such other additional individual possesses any personal or financial government assurances and commitments with personnel as may be necessary to enable the interest in the discharge of any of the duties of respect to nonproliferation, including assur- Commission to perform its duties. The employ- the Commission. ances regarding the future use of commodities ment of an executive director shall be subject to confirmation by the Commission. (d) PERIOD OF APPOINTMENT; VACANCIES.— exported from the United States; and Members shall be appointed for the life of the (J) the costs and benefits to the United States (2) COMPENSATION.—The Chairman of the Commission. Any vacancy in the Commission of increased centralization and of decreased Commission may fix the compensation of the ex- shall not affect its powers, but shall be filled in centralization in the administration of the non- ecutive director and other personnel without re- the same manner as the original appointment. proliferation activities of the Federal Govern- gard to the provisions of chapter 51 and sub- (e) INITIAL MEETING.—No later than 30 days ment. chapter III of chapter 53 of title 5, United States after the date on which all members of the Com- (b) RECOMMENDATIONS.—In conducting the Code, relating to classification of positions and mission have been appointed, the Commission study, the Commission shall develop rec- General Schedule pay rates, except that the rate shall hold its first meeting. ommendations on means of improving the effec- of pay for the executive director and other per- (f) QUORUM.—A majority of the members of tiveness of the organization of the departments sonnel may not exceed the rate payable for level the Commission shall constitute a quorum, but a and agencies of the Federal Government in V of the Executive Schedule under section 5316 lesser number of members may hold hearings. meeting the national security interests of the of such title. (g) CHAIRMAN AND VICE CHAIRMAN.—The United States with respect to the proliferation of (d) DETAIL OF GOVERNMENT EMPLOYEES.— Commission shall select a Chairman and Vice weapons of mass destruction. Such recommenda- Any Federal Government employee may be de- Chairman from among its members. tions shall include specific recommendations to tailed to the Commission without reimburse- (h) MEETINGS.—The Commission shall meet at eliminate duplications of effort, and other inef- ment, and such detail shall be without interrup- the call of the Chairman. ficiencies, in and among such departments and tion or loss of civil service status or privilege. SEC. 612. DUTIES OF COMMISSION. agencies. (e) PROCUREMENT OF TEMPORARY AND INTER- (a) STUDY.— (c) REPORT.—(1) Not later than 18 months MITTENT SERVICES.—The Chairman of the Com- (1) IN GENERAL.—The Commission shall carry after the date of the enactment of this Act, the mission may procure temporary and intermittent out a thorough study of the organization of the Commission shall submit to Congress a report services under section 3109(b) of title 5, United Federal Government, including the elements of containing a detailed statement of the findings States Code, at rates for individuals which do the intelligence community, with respect to com- and conclusions of the Commission, together not exceed the daily equivalent of the annual batting the proliferation of weapons of mass de- with its recommendations for such legislation rate of basic pay prescribed for level V of the struction. and administrative actions as it considers ap- Executive Schedule under section 5316 of such (2) SPECIFIC REQUIREMENTS.—In carrying out propriate. title. the study, the Commission shall— (2) The report shall be submitted in unclassi- SEC. 615. TERMINATION OF COMMISSION. fied form, but may include a classified annex. (A) assess the current structure and organiza- The Commission shall terminate 60 days after tion of the departments and agencies of the Fed- SEC. 613. POWERS OF COMMISSION. the date on which the Commission submits its eral Government having responsibilities for com- (a) HEARINGS.—The Commission may hold report under section 612(c). batting the proliferation of weapons of mass de- such hearings, sit and act at such times and struction; and places, take such testimony, and receive such SEC. 616. DEFINITION. (B) assess the effectiveness of United States evidence as the Commission considers advisable For purposes of this subtitle, the term ‘‘intel- cooperation with foreign governments with re- to carry out the purposes of this subtitle. ligence community’’ shall have the meaning spect to nonproliferation activities, including (b) INFORMATION FROM FEDERAL AGENCIES.— given such term in section 3(4) of the National cooperation— (1) IN GENERAL.—The Commission may secure Security Act of 1947 (50 U.S.C. 401a(4)). (i) between elements of the intelligence com- directly from any Federal department or agency SEC. 617. AUTHORIZATION OF APPROPRIATIONS. munity and elements of the intelligence-gath- such information as the Commission considers (a) IN GENERAL.—There are authorized to be ering services of foreign governments; necessary to carry out the provisions of this sub- appropriated for the Commission for fiscal year (ii) between other departments and agencies of title. Upon request of the Chairman of the Com- 1997 such sums as may be necessary for the the Federal Government and the counterparts to mission, the head of such department or agency Commission to carry out its duties under this such departments and agencies in foreign gov- shall furnish such information to the Commis- subtitle. sion. ernments; and (b) AVAILABILITY.—Amounts appropriated (2) CLASSIFIED INFORMATION.—A department (iii) between the Federal Government and pursuant to the authorization of appropriations or agency may furnish the Commission classified international organizations. in subsection (a) shall remain available for ex- information under this subsection. The Commis- (3) ASSESSMENTS.—In making the assessments penditure until the termination of the Commis- sion shall take appropriate actions to safeguard under paragraph (2), the Commission should ad- sion under section 615. dress— classified information furnished to the Commis- (A) the organization of the export control ac- sion under this paragraph. Subtitle B—Other Matters tivities (including licensing and enforcement ac- (c) POSTAL SERVICES.—The Commission may SEC. 621. REPORTS ON ACQUISITION OF TECH- tivities) of the Federal Government relating to use the United States mails in the same manner NOLOGY RELATING TO WEAPONS OF the proliferation of weapons of mass destruc- and under the same conditions as other depart- MASS DESTRUCTION AND ADVANCED tion; ments and agencies of the Federal Government. CONVENTIONAL MUNITIONS. (B) arrangements for coordinating the fund- (d) GIFTS.—The Commission may accept, use, (a) REPORTS.—Not later than 6 months after ing of United States nonproliferation activities; and dispose of gifts or donations of services or the date of the enactment of this Act, and every (C) existing arrangements governing the flow property. 6 months thereafter, the Director of Central In- of information among departments and agencies SEC. 614. COMMISSION PERSONNEL MATTERS. telligence shall submit to Congress a report on— of the Federal Government responsible for non- (a) COMPENSATION OF MEMBERS.—Each mem- (1) the acquisition by foreign countries during proliferation activities; ber of the Commission who is not an officer or the preceding 6 months of dual-use and other

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10645 technology useful for the development or pro- budget for the intelligence community for the agencies and the elements of the intelligence duction of weapons of mass destruction (includ- fiscal year beginning in the year in which the community; and ing nuclear weapons, chemical weapons, and bi- report is submitted. ‘‘(G) develop guidelines to enhance and im- ological weapons) and advanced conventional ‘‘(3) The report shall be submitted in unclassi- prove the coordination of activities of Federal munitions; and fied form, but may include a classified annex. law enforcement agencies and elements of the (2) trends in the acquisition of such tech- ‘‘(b) MATTERS COVERED.—(1) Each report intelligence community outside the United nology by such countries. under subsection (a) shall— States with respect to transnational threats. (b) FORM OF REPORTS.—The reports submitted ‘‘(A) specify the intelligence required to meet ‘‘(5) For purposes of this subsection, the term under subsection (a) shall be submitted in un- the national security interests of the United ‘transnational threat’ means the following: classified form, but may include a classified States, and set forth an order of priority for the ‘‘(A) Any transnational activity (including annex. collection and analysis of intelligence required international terrorism, narcotics trafficking, the proliferation of weapons of mass destruction TITLE VII—RENEWAL AND REFORM OF to meet such interests, for the fiscal year begin- and the delivery systems for such weapons, and INTELLIGENCE ACTIVITIES ning in the year in which the report is submitted; and organized crime) that threatens the national se- SEC. 701. SHORT TITLE. ‘‘(B) evaluate the performance of the intel- curity of the United States. This title may be cited as the ‘‘Intelligence Ac- ligence community in collecting and analyzing ‘‘(B) Any individual or group that engages in tivities Renewal and Reform Act of 1996’’. intelligence required to meet such interests dur- an activity referred to in subparagraph (A).’’. SEC. 702. COMMITTEE ON FOREIGN INTEL- ing the fiscal year ending in the year preceding SEC. 705. OFFICE OF THE DIRECTOR OF CENTRAL LIGENCE. the year in which the report is submitted, in- INTELLIGENCE. Section 101 of the National Security Act of cluding a description of the significant successes (a) IN GENERAL.—Title I of The National Se- 1947 (50 U.S.C. 402) is amended— and significant failures of the intelligence com- curity Act of 1947 (50 U.S.C. 402 et seq.) is (1) by redesignating subsection (h) as sub- munity in such collection and analysis during amended— section (j); and (1) in section 102 (50 U.S.C. 403)— that fiscal year. (A) by striking the section heading and all (2) by inserting after subsection (g) the fol- ‘‘(2) The report shall specify matters under that follows through paragraph (1) of sub- lowing new subsection (h): paragraph (1)(A) in sufficient detail to assist section (a) and inserting the following: ‘‘(h)(1) There is established within the Na- Congress in making decisions with respect to the ‘‘OFFICE OF THE DIRECTOR OF CENTRAL tional Security Council a committee to be known allocation of resources for the matters specified. INTELLIGENCE as the ‘Committee on Foreign Intelligence’. ‘‘(c) DEFINITION.—In this section, the term ‘‘SEC. 102.’’; ‘‘(2) The Committee shall be composed of the ‘appropriate congressional committees’ means following: (B) by redesignating paragraph (2) of sub- the following: section (a) as subsection (a) and in such sub- ‘‘(A) The Director of Central Intelligence. ‘‘(1) The Select Committee on Intelligence, the section (a), as so redesignated, by redesignating ‘‘(B) The Secretary of State. Committee on Appropriations, and the Com- ‘‘(C) The Secretary of Defense. subparagraphs (A), (B), and (C) as paragraphs mittee on Armed Services of the Senate. ‘‘(D) The Assistant to the President for Na- (1), (2), and (3), respectively; and ‘‘(2) The Permanent Select Committee on In- tional Security Affairs, who shall serve as the (C) by striking subsection (d) and inserting telligence, the Committee on Appropriations, chairperson of the Committee. the following: and the Committee on National Security of the ‘‘(E) Such other members as the President may ‘‘(d)(1) There is an Office of the Director of House of Representatives.’’. designate. Central Intelligence. The function of the Office (b) CONFORMING AMENDMENTS.—(1) The sec- ‘‘(3) The function of the Committee shall be to is to assist the Director of Central Intelligence tion heading of such section is amended to read assist the Council in its activities by— in carrying out the duties and responsibilities of as follows: ‘‘(A) identifying the intelligence required to the Director under this Act and to carry out address the national security interests of the ‘‘ANNUAL REPORT ON INTELLIGENCE’’. such other duties as may be prescribed by law. United States as specified by the President; (2) The table of contents in the first section of ‘‘(2) The Office of the Director of Central In- ‘‘(B) establishing priorities (including funding that Act is amended by striking the item relating telligence is composed of the following: priorities) among the programs, projects, and ac- to section 109 and inserting the following new ‘‘(A) The Director of Central Intelligence. ‘‘(B) The Deputy Director of Central Intel- tivities that address such interests and require- item: ligence. ments; and ‘‘Sec. 109. Annual report on intelligence.’’. ‘‘(C) The National Intelligence Council. ‘‘(C) establishing policies relating to the con- SEC. 704. TRANSNATIONAL THREATS. ‘‘(D) The Assistant Director of Central Intel- duct of intelligence activities of the United Section 101 of the National Security Act of ligence for Collection. States, including appropriate roles and missions 1947 (50 U.S.C. 402) is amended by inserting ‘‘(E) The Assistant Director of Central Intel- for the elements of the intelligence community after subsection (h), as amended by section 702 ligence for Analysis and Production. and appropriate targets of intelligence collection of this Act, the following new subsection: ‘‘(F) The Assistant Director of Central Intel- activities. ‘‘(i)(1) There is established within the Na- ligence for Administration. ‘‘(4) In carrying out its function, the Com- tional Security Council a committee to be known ‘‘(G) Such other offices and officials as may mittee shall— as the ‘Committee on Transnational Threats’. be established by law or the Director of Central ‘‘(A) conduct an annual review of the na- ‘‘(2) The Committee shall include the fol- Intelligence may establish or designate in the tional security interests of the United States; lowing members: Office. ‘‘(B) identify on an annual basis, and at such ‘‘(A) The Director of Central Intelligence. ‘‘(3) To assist the Director in fulfilling the re- other times as the Council may require, the in- ‘‘(B) The Secretary of State. sponsibilities of the Director as head of the intelligence required to meet such interests and es- ‘‘(C) The Secretary of Defense. telligence community, the Director shall employ tablish an order of priority for the collection ‘‘(D) The Attorney General. and utilize in the Office of the Director of Cen- and analysis of such intelligence; and ‘‘(E) The Assistant to the President for Na- tral Intelligence a professional staff having an ‘‘(C) conduct an annual review of the ele- tional Security Affairs, who shall serve as the expertise in matters relating to such responsibil- ments of the intelligence community in order to chairperson of the Committee. ities and may establish permanent positions and determine the success of such elements in col- ‘‘(F) Such other members as the President may appropriate rates of pay with respect to that lecting, analyzing, and disseminating the intel- designate. staff.’’; and ligence identified under subparagraph (B). ‘‘(3) The function of the Committee shall be to (2) by inserting after section 102, as so amend- ‘‘(5) The Committee shall submit each year to coordinate and direct the activities of the ed, the following new section: the Council and to the Director of Central Intel- United States Government relating to combat- ‘‘CENTRAL INTELLIGENCE AGENCY ligence a comprehensive report on its activities ting transnational threats. ‘‘SEC. 102A. There is a Central Intelligence during the preceding year, including its activi- ‘‘(4) In carrying out its function, the Com- Agency. The function of the Agency shall be to ties under paragraphs (3) and (4).’’. mittee shall— assist the Director of Central Intelligence in car- SEC. 703. ANNUAL REPORTS ON INTELLIGENCE. ‘‘(A) identify transnational threats; rying out the responsibilities referred to in para- (a) IN GENERAL.—Section 109 of the National ‘‘(B) develop strategies to enable the United graphs (1) through (4) of section 103(d) of this Security Act of 1947 (50 U.S.C. 404d) is amended States Government to respond to transnational Act.’’. by striking out subsections (a) and (b) and in- threats identified under subparagraph (A); (b) CLERICAL AMENDMENT.—The table of con- serting in lieu thereof the following new sub- ‘‘(C) monitor implementation of such strate- tents in the first section of that Act is amended sections: gies; by striking the item relating to section 102 and ‘‘SEC. 109. (a) IN GENERAL.—(1) Not later than ‘‘(D) make recommendations as to appropriate inserting the following new items: January 31 each year, the President shall sub- responses to specific transnational threats; ‘‘Sec. 102. Office of the Director of Central Intel- mit to the appropriate congressional committees ‘‘(E) assist in the resolution of operational ligence. a report on the requirements of the United and policy differences among Federal depart- ‘‘Sec. 102A. Central Intelligence Agency.’’. States for intelligence and the activities of the ments and agencies in their responses to SEC. 706. NATIONAL INTELLIGENCE COUNCIL. intelligence community. transnational threats; Section 103(b) of the National Security Act of ‘‘(2) The purpose of the report is to facilitate ‘‘(F) develop policies and procedures to ensure 1947 (50 U.S.C. 403–3(b)) is amended— an assessment of the activities of the intelligence the effective sharing of information about (1) in paragraph (1)(B), by inserting ‘‘, or as community during the preceding fiscal year and transnational threats among Federal depart- contractors of the Council or employees of such to assist in the development of a mission and a ments and agencies, including law enforcement contractors,’’ after ‘‘on the Council’’;

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10646 CONGRESSIONAL RECORD — SENATE September 17, 1996 (2) by redesignating paragraphs (4) and (5) as National Security Council and the appropriate SEC. 711. IMPROVEMENT OF ADMINISTRATION OF paragraphs (5) and (6), respectively; congressional committees (as defined in section INTELLIGENCE ACTIVITIES. (3) by inserting after paragraph (3) the fol- 109(c)) an evaluation of the performance and Section 102 of the National Security Act of lowing new paragraph (4): the responsiveness of the National Security 1947, as amended by section 710 of this Act, is ‘‘(4) Subject to the direction and control of the Agency, the National Reconnaissance Office, further amended by adding at the end the fol- Director of Central Intelligence, the Center may and the National Imagery and Mapping Agency lowing: carry out its responsibilities under this sub- in meeting their national missions.’’. ‘‘(g)(1) To assist the Director of Central Intel- section by contract, including contracts for sub- SEC. 709. IMPROVEMENT OF INTELLIGENCE COL- ligence in carrying out the Director’s respon- stantive experts necessary to assist the Center LECTION. sibilities under this Act, there shall be an Assist- with particular assessments under this sub- (a) ASSISTANT DIRECTOR OF CENTRAL INTEL- ant Director of Central Intelligence for Adminis- section.’’; and LIGENCE FOR COLLECTION.—Section 102 of the tration, who shall be appointed by the Presi- (4) in paragraph (5), as so redesignated, by National Security Act of 1947, as amended by dent, by and with the advice and consent of the adding at the end the following: ‘‘The Center section 705(a)(1) of this Act, is amended by add- Senate. shall also be readily accessible to policymaking ing at the end the following: ‘‘(2) The Assistant Director for Administration officials and other appropriate individuals not ‘‘(e)(1) To assist the Director of Central Intel- shall manage such activities relating to the ad- otherwise associated with the intelligence com- ligence in carrying out the Director’s respon- ministration of the intelligence community as munity.’’. sibilities under this Act, there shall be an Assist- the Director of Central Intelligence shall re- SEC. 707. ENHANCEMENT OF AUTHORITY OF DI- ant Director of Central Intelligence for Collec- quire.’’. RECTOR OF CENTRAL INTEL- tion, who shall be appointed by the President, SEC. 712. PAY LEVEL OF ASSISTANT DIRECTORS LIGENCE TO MANAGE BUDGET, PER- by and with the advice and consent of the Sen- OF CENTRAL INTELLIGENCE. SONNEL, AND ACTIVITIES OF INTEL- ate. Section 5315 of title 5, United States Code, is LIGENCE COMMUNITY. ‘‘(2)(A) If neither the Director of Central In- amended by adding at the end the following: (a) IN GENERAL.—Section 103(c) of the Na- telligence nor the Deputy Director of Central In- ‘‘Assistant Directors of Central Intelligence tional Security Act of 1947 (50 U.S.C. 403–3(c)) is telligence is a commissioned officer of the Armed (3).’’. amended— Forces at the time of the nomination of an indi- SEC. 713. GENERAL COUNSEL OF THE CENTRAL (1) by striking paragraph (1) and inserting the vidual to the position of Assistant Director of INTELLIGENCE AGENCY. following new paragraph (1): Central Intelligence for Collection, the President (a) ESTABLISHMENT OF POSITION.—The Cen- ‘‘(1) facilitate the development of an annual shall nominate an individual for that position tral Intelligence Agency Act of 1949 (50 U.S.C. budget for intelligence and intelligence-related from among the commissioned officers of the 403a et seq.) is amended by adding at the end activities of the United States by— the following: ‘‘(A) developing and presenting to the Presi- Armed Forces who have substantial experience ‘‘GENERAL COUNSEL OF THE CENTRAL dent an annual budget for the National Foreign in managing intelligence activities. INTELLIGENCE AGENCY Intelligence Program; and ‘‘(B) The provisions of subsection (c)(3) shall ‘‘(B) participating in the development by the apply to any commissioned officer of the Armed ‘‘SEC. 20. (a) There is a General Counsel of the Secretary of Defense of the annual budgets for Forces while serving in the position of Assistant Central Intelligence Agency, appointed from ci- the Joint Military Intelligence Program and the Director for Collection. vilian life by the President, by and with the ad- Tactical Intelligence and Related Activities Pro- ‘‘(3) The Assistant Director for Collection vice and consent of the Senate. gram;’’; shall assist the Director of Central Intelligence ‘‘(b) The General Counsel is the chief legal of- (2) by redesignating paragraphs (3) through in carrying out the Director’s collection respon- ficer of the Central Intelligence Agency. (6) as paragraphs (4) through (7), respectively; sibilities in order to ensure the efficient and ef- ‘‘(c) The General Counsel of the Central Intel- and fective collection of national intelligence.’’. ligence Agency shall perform such functions as (3) by inserting after paragraph (2) the fol- (b) CONSOLIDATION OF HUMAN INTELLIGENCE the Director of Central Intelligence may pre- lowing new paragraph (3): COLLECTION ACTIVITIES.—Not later than 90 days scribe.’’. ‘‘(3) approve collection requirements, deter- after the date of the enactment of this Act, the (b) EXECUTIVE SCHEDULE IV PAY LEVEL.—Sec- mine collection priorities, and resolve conflicts Director of Central Intelligence and the Deputy tion 5315 of title 5, United States Code, as in collection priorities levied on national collec- Secretary of Defense shall jointly submit to the amended by section 712 of this Act, is further tion assets, except as otherwise agreed with the Committee on Armed Services and the Select amended by adding at the end the following: Secretary of Defense pursuant to the direction Committee on Intelligence of the Senate and the ‘‘General Counsel of the Central Intelligence of the President;’’. National Security Committee and Permanent Se- Agency.’’. (b) USE OF FUNDS.—Section 104 of the Na- lect Committee on Intelligence of the House of SEC. 714. OFFICE OF CONGRESSIONAL AFFAIRS tional Security Act of 1947 (50 U.S.C. 403–4) is Representatives a report on the ongoing efforts OF THE DIRECTOR OF CENTRAL IN- amended— of those officials to achieve commonality, inter- TELLIGENCE. (1) by adding at the end of subsection (c) the operability, and, where practicable, consolida- Section 102 of the National Security Act of following: ‘‘The Secretary of Defense shall con- tion of the collection of clandestine intelligence 1947, as amended by section 711 of this Act, is sult with the Director of Central Intelligence be- from human sources conducted by the Defense further amended by adding at the end the fol- fore reprogramming funds made available under Human Intelligence Service of the Department lowing: the Joint Military Intelligence Program.’’; of Defense and the Directorate of Operations of ‘‘(h)(1) There is hereby established the Office (2) by redesignating subsections (e), (f), and the Central Intelligence Agency. of Congressional Affairs of the Director of Cen- (g) as subsections (f), (g), and (h), respectively; SEC. 710. IMPROVEMENT OF ANALYSIS AND PRO- tral Intelligence. and DUCTION OF INTELLIGENCE. ‘‘(2)(A) The Office shall be headed by the Di- (3) by inserting after subsection (d) the fol- Section 102 of the National Security Act of rector of the Office of Congressional Affairs of lowing new subsection (e): 1947, as amended by section 709(a) of this Act, is the Director of Central Intelligence. ‘‘(e) DATABASE AND BUDGET EXECUTION IN- further amended by adding at the end the fol- ‘‘(B) The Director of Central Intelligence may FORMATION.—The Director of Central Intel- lowing: designate the Director of the Office of Congres- ligence and the Secretary of Defense shall joint- ‘‘(f)(1) To assist the Director of Central Intel- sional Affairs of the Central Intelligence Agency ly issue guidance for the development and im- ligence in carrying out the Director’s respon- to serve as the Director of the Office of Congres- plementation by the year 2000 of a database to sibilities under this Act, there shall be an Assist- sional Affairs of the Director of Central Intel- provide timely and accurate information on the ant Director of Central Intelligence for Analysis ligence. amounts and status of resources, including peri- and Production, who shall be appointed by the ‘‘(3) The Director shall coordinate the con- odic budget execution updates, for national, de- President, by and with the advice and consent gressional affairs activities of the elements of fense-wide, and tactical intelligence activities.’’. of the Senate. the intelligence community and have such addi- ‘‘(2) The Assistant Director for Analysis and tional responsibilities as the Director of Central SEC. 708. RESPONSIBILITIES OF SECRETARY OF Intelligence may prescribe. DEFENSE PERTAINING TO THE NA- Production shall— TIONAL FOREIGN INTELLIGENCE ‘‘(A) oversee the analysis and production of ‘‘(4) Nothing in the subsection may be con- PROGRAM. intelligence by the elements of the intelligence strued to preclude the elements of the intel- Section 105 of the National Security Act of community; ligence community from responding directly to 1947 (50 U.S.C. 403–5) is amended— ‘‘(B) establish standards and priorities relat- requests from Congress.’’. (1) in subsection (a), by inserting ‘‘, in con- ing to such analysis and production; SEC. 715. ASSISTANCE FOR LAW ENFORCEMENT sultation with the Director of Central Intel- ‘‘(C) monitor the allocation of resources for AGENCIES BY INTELLIGENCE COM- ligence,’’ after ‘‘Secretary of Defense’’ in the the analysis and production of intelligence in MUNITY. matter preceding paragraph (1); and order to identify unnecessary duplication in the (a) IN GENERAL.—Title I of the National Secu- (2) by adding at the end the following: analysis and production of intelligence; rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- ‘‘(d) ANNUAL EVALUATION OF THE DIRECTOR ‘‘(D) identify intelligence to be collected for ed by inserting after section 105 the following OF CENTRAL INTELLIGENCE.—The Director of purposes of the Assistant Director of Central In- new section: Central Intelligence, in consultation with the telligence for Collection; and ‘‘ASSISTANCE TO UNITED STATES LAW Secretary of Defense and the Chairman of the ‘‘(E) provide such additional analysis and ENFORCEMENT AGENCIES Joint Chiefs of Staff, shall submit each year to production of intelligence as the President and ‘‘SEC. 105A. (a) AUTHORITY TO PROVIDE AS- the Committee on Foreign Intelligence of the the National Security Council may require.’’. SISTANCE.—Subject to subsection (b), elements of

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10647 the intelligence community may, upon the re- position referred to in paragraph (2), the head a national mission to support the imagery request of a United States law enforcement agen- of the department or agency having jurisdiction quirements of the Department of State, the De- cy, collect information outside the United States over the position shall consult with the Director partment of Defense, and other departments and about individuals who are not United States of Central Intelligence before appointing an in- agencies of the Federal Government. The Direc- persons. Such elements may collect such infor- dividual to fill the vacancy or recommending to tor of Central Intelligence shall establish re- mation notwithstanding that the law enforce- the President an individual to be nominated to quirements and priorities to govern the collec- ment agency intends to use the information col- fill the vacancy. tion of national intelligence by the National Im- lected for purposes of a law enforcement inves- ‘‘(2) Paragraph (1) applies to the following po- agery and Mapping Agency. The Secretary of tigation or counterintelligence investigation. sitions: Defense and the Director of Central Intel- ‘‘(b) LIMITATION ON ASSISTANCE BY ELEMENTS ‘‘(A) The Director of the Defense Intelligence ligence, in consultation with the Chairman of OF DEPARTMENT OF DEFENSE.—(1) With respect Agency. the Joint Chiefs of Staff, shall jointly identify to elements within the Department of Defense, ‘‘(B) The Assistant Secretary of State for In- deficiencies in the capabilities of the National the authority in subsection (a) applies only to telligence and Research. Imagery and Mapping Agency to accomplish as- the National Security Agency, the National Re- ‘‘(C) The Director of the Office of Non- signed national missions and shall jointly de- connaissance Office, and the National Imagery proliferation and National Security of the De- velop policies and programs to review and cor- and Mapping Agency. partment of Energy. rect such deficiencies. ‘‘(D) The Assistant Director, National Secu- ‘‘(2) Assistance provided under this section by ‘‘(b) COLLECTION AND TASKING AUTHORITY.— rity Division of the Federal Bureau of Investiga- elements of the Department of Defense may not Except as otherwise agreed by the Director of tion.’’. include the direct participation of a member of Central Intelligence and the Secretary of De- (b) CLERICAL AMENDMENT.—The table of con- fense pursuant to direction provided by the the Army, Navy, Air Force, or Marine Corps in tents in the first section of that Act is amended President, the Director of Central Intelligence an arrest or similar activity. by striking the item relating to section 106 and has the authority to approve collection require- ‘‘(3) Assistance may not be provided under inserting in lieu thereof the following new item: this section by an element of the Department of ments, determine collection priorities, and re- Defense if the provision of such assistance will ‘‘Sec. 106. Appointment and evaluation of offi- solve conflicts in collection priorities levied on adversely affect the military preparedness of the cials responsible for intelligence- national imagery collection assets.’’. United States. related activities.’’. (2) The table of contents in the first section of ‘‘(4) The Secretary of Defense shall prescribe SEC. 717. REQUIREMENTS FOR SUBMITTAL OF that Act is amended by inserting after the item regulations governing the exercise of authority BUDGET INFORMATION ON INTEL- relating to section 109 the following new item: LIGENCE ACTIVITIES. under this section by elements of the Depart- (a) SUBMITTAL WITH ANNUAL BUDGET.—Not- ‘‘Sec. 110. National mission and collection ment of Defense, including regulations relating withstanding any other provision of law, the tasking authority for the National to the protection of sources and methods in the President shall include in each budget for a fis- Imagery and Mapping Agency.’’. exercise of such authority. cal year submitted under section 1105 of title 31, (b) EFFECTIVE DATE.—The amendments made ‘‘(c) DEFINITIONS.—For purposes of subsection United States Code, the following information: by subsection (a) shall take effect on the later (a): (1) The aggregate amount appropriated during of— ‘‘(1) The term ‘United States law enforcement the current fiscal year on all intelligence and (1) the date of the enactment of the National agency’ means any department or agency of the intelligence-related activities of the United Defense Authorization Act for Fiscal Year 1997; Federal Government that the Attorney General States Government. or designates as law enforcement agency for pur- (2) The aggregate amount requested in such (2) the date of the enactment of this Act. poses of this section. budget for the fiscal year covered by the budget Mr. SPECTER. Mr. President, I ask ‘‘(2) The term ‘United States person’ means for all intelligence and intelligence-related ac- the following: unanimous consent that the Senate in- tivities of the United States Government. sist on its amendment to H.R. 3259 and ‘‘(A) A United States citizen. (b) FORM OF SUBMITTAL.—The President shall ‘‘(B) An alien known by the intelligence agen- submit the information required under sub- request a conference with the House, cy concerned to be a permanent resident alien. section (a) in unclassified form. the Chair be authorized to appoint con- ‘‘(C) An unincorporated association substan- SEC. 718. REPORT ON INTELLIGENCE COMMUNITY ferees on the part of the Senate, and, tially composed of United States citizens or per- POLICY ON PROTECTING THE NA- finally, S. 1718 be placed back on the manent resident aliens. TIONAL INFORMATION INFRASTRUC- calendar. ‘‘(D) A corporation incorporated in the United TURE AGAINST STRATEGIC ATTACKS. The PRESIDING OFFICER. Without (a) IN GENERAL.—(1) Not later than 120 days States, except for a corporation directed and objection, it is so ordered. controlled by a foreign government or govern- after the date of the enactment of this Act, the ments.’’. Director of Central Intelligence shall submit to The Presiding Officer (Mr. BROWN) (b) CLERICAL AMENDMENT.—The table of con- Congress a report setting forth— appointed Mr. SPECTER, Mr. LUGAR, Mr. tents in the first section of that Act is amended (A) the results of a review of the threats to the SHELBY, Mr. DEWINE, Mr. KYL, Mr. by inserting after the item relating to section 105 United States on protecting the national infor- INHOFE, Mrs. HUTCHISON, Mr. COHEN, the following new item: mation infrastructure against information war- Mr. BROWN, Mr. KERREY, Mr. GLENN, fare and other non-traditional attacks; and ‘‘Sec. 105A. Assistance to United States law en- Mr. BRYAN, Mr. GRAHAM, Mr. KERRY, (B) the counterintelligence response of the Di- forcement agencies.’’. rector. Mr. BAUCUS, Mr. JOHNSTON, and Mr. SEC. 716. APPOINTMENT AND EVALUATION OF OF- (2) The report shall include a description of ROBB, and from the Committee on FICIALS RESPONSIBLE FOR INTEL- the plans of the intelligence community to pro- Armed Services, Mr. THURMOND and LIGENCE-RELATED ACTIVITIES. vide intelligence support for the indications, Mr. NUNN conferees on the part of the (a) IN GENERAL.—Section 106 of the National warning, and assessment functions of the intel- Senate. Security Act of 1947 (50 U.S.C. 403–6) is amended ligence community with respect to information to read as follows: Mr. SPECTER. Mr. President, I now warfare and other non-traditional attacks by ask unanimous consent that the ‘‘APPOINTMENT AND EVALUATION OF OFFICIALS foreign nations, groups, or individuals against RESPONSIBLE FOR INTELLIGENCE-RELATED AC- the national information infrastructure. RECORD remain open for the insertion TIVITIES (b) DEFINITIONS.—For purposes of this section: of any additional statements as any ‘‘SEC. 106. (a) CONCURRENCE OF DCI IN CER- (1) The term ‘‘national information infrastruc- member of the committee or other TAIN APPOINTMENTS.—(1) In the event of a va- ture’’ includes the information infrastructure of Senator may wish to add. cancy in a position referred to in paragraph (2), the public or private sector. The PRESIDING OFFICER. Without the Secretary of Defense shall obtain the con- (2) The term ‘‘intelligence community’’ has the objection, it is so ordered. currence of the Director of Central Intelligence meaning given that term in section 3(4) of the Mr. SPECTER. Mr. President, as I National Security Act of 1947 (50 U.S.C. before recommending to the President an indi- understand the procedure, that now vidual for appointment to the position. If the 401a(4)). concludes the intelligence authoriza- Director does not concur in the recommenda- TITLE VIII—NATIONAL IMAGERY AND tion, the Secretary may make the recommenda- MAPPING AGENCY tion bill, but since I am here and it has just been acted upon, I would like to tion to the President without the Director’s con- SEC. 801. NATIONAL MISSION AND COLLECTION currence, but shall include in the recommenda- TASKING AUTHORITY FOR THE NA- make a few comments to supplement tion a statement that the Director does not con- TIONAL IMAGERY AND MAPPING my more extended statement. cur in the recommendation. AGENCY. The PRESIDING OFFICER. Without ‘‘(2) Paragraph (1) applies to the following po- (a) IN GENERAL.—(1) Title I of the National objection, it is so ordered. The Senator sitions: Security Act of 1947 (50 U.S.C. 402 et seq.) is is recognized. amended by adding at the end the following: ‘‘(A) The Director of the National Security Mr. SPECTER. Mr. President, I be- Agency. ‘‘NATIONAL MISSION AND COLLECTION TASKING ‘‘(B) The Director of the National Reconnais- AUTHORITY FOR THE NATIONAL IMAGERY AND lieve that this legislation is a very, sance Office. MAPPING AGENCY very significant step forward in reform ‘‘(b) CONSULTATION WITH DCI IN CERTAIN AP- ‘‘SEC. 110. (a) NATIONAL MISSION.—The Na- of the U.S. intelligence community— POINTMENTS.—(1) In the event of a vacancy in a tional Imagery and Mapping Agency shall have candidly, not as far as we should have

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10648 CONGRESSIONAL RECORD — SENATE September 17, 1996 gone, not as far as I would like to have This bill contains very significant we have unfinished business as to how gone, but a considerable distance, a provisions on economic espionage, con- we handle not only intelligence but significant distance in improving the tains a very significant provision on a force protection around the United intelligence community in the United commission to be established to States. States. streamline the Federal Government on But this is a significant step forward. The intelligence community has been our handling of weapons of mass de- This is the very best we could do. under considerable attack with disclo- struction. Some 96 different agencies Those who do not know the inter- sures of Aldrich Ames, with the prob- now touch that issue. There is not cen- workings of the Senate might be inter- lems in Guatemala, with many prob- tralized command. And those are very, ested to know that any one Senator lems around the globe. And last year, very important matters. can tie up this bill. A number of Sen- at the initiative of our distinguished An interest which I had pursued, to ators interposed objections, which we colleague, Senator JOHN WARNER, a try to give greater authority to the Di- had to work through laboriously to get commission was appointed to make rector of Central Intelligence, has this bill to the stage where it is now recommendations on what should be come into the spotlight with the ter- where it has been passed. done to reform the U.S. intelligence rorist attack on Khobar Towers on I thank my distinguished colleague, community. The commission—first June 25 of this year, and the allegation Senator KERREY from Nebraska, who headed by former Secretary of Defense by the Secretary of Defense, in a July has done an extraordinary job in many Aspin, whose untimely death caused a 9 hearing in the Senate Armed Services things over many years, but especially vacancy and the need to appoint a sub- Committee, that there was intelligence on the Senate Intelligence Committee. sequent chairman, another former Sec- failure, which I think was an incorrect As we have worked together, we have retary of Defense, Harold Brown—came assertion. The staff of the Intelligence had some tough times, especially as up with a comprehensive list of rec- Committee—and I emphasize ‘‘the the election grows nearer. We have ommendations, and the Intelligence staff’’ and not the full Intelligence kept the Intelligence Committee work- Committee then held extensive hear- Committee—but the staff prepared a ing on a bipartisan, nonpartisan basis. ings on a subject that goes back many report which was released last Thurs- I think it is indispensable on a com- years. day with my conclusions in my capac- mittee of this sort that the chairman The Intelligence Committee then ity as chairman of the Intelligence and the vice chairman and really mem- submitted a program which we thought Committee, but again not the full com- bers on both sides of the aisle work would make very major changes in the mittee, but my individual conclusions very closely to keep partisan politics U.S. intelligence community. There that there was not an intelligence fail- out of it. Senator KERREY and I have was very considerable objection then ure. worked laboriously at that and I think raised from a number of quarters, prin- Then yesterday we had the report of we have succeeded, notwithstanding cipally by the Senate Armed Services the Downing task force which took to the fact that we face some very, very Committee. task the Pentagon as well as the local difficult issues and continue to face Finally, after very extensive negotia- field commanders. I personally visited difficult issues as we work to complete tions, not only with the Armed Serv- Khobar Towers last month, and on quite a number of projects which yet ices Committee but also with the Gov- viewing Khobar Towers and seeing a remain undone. I would like to single out for special ernmental Affairs Committee and, to a fence only 60 feet from these high-rise praise—this is always a delicate mat- lesser extent, with the Rules Com- apartments, which house thousands of ter—some key staffers, Charles mittee, we have hammered out the our airmen, 19 of whom were killed and Battaglia, who is the staff director, and agreement which has been presented hundreds of whom were injured, it was Chris Straub, who is the staff director here and has been agreed to and will apparent to me, in the face of the many for the Democrats, the minority staff now go to conference. intelligence reports which had been re- director, for the extraordinary work It had been my desire that there ceived, that there was not an intel- which they have done on the nights, should have been more authority in the ligence failure and that there was in Saturdays, Sundays, you name it; and Director of Central Intelligence on re- fact a failure by the military, going to for general counsel, Suzanne programming, more authority on con- the Pentagon and the highest levels of Spaulding, and for Ed Levine, who has currence on the appointment of key of- the Pentagon, on failing to act to pro- been a powerhouse in drafting very ficials because of the general responsi- tect our airmen. complex reports. I thank the Chair, and bility of the Director of Central Intel- The conclusions yesterday of the I note the presence of my colleague, ligence, but that was not to be. Downing task force, as featured in the Senator PELL. I yield the floor. We filed our report at an early stage, Associated Press reports, faulted the The PRESIDING OFFICER. The Sen- but there was a reference under the Pentagon, as well as the local com- ator from Rhode Island is recognized. rules of referral to the Armed Services manders, for what had been done. I Mr. PELL. I thank my colleague and Committee which took considerable make comment of this at this time be- friend for yielding at this time. time and considerable time by the Gov- cause I believe this ties into the reform f ernmental Affairs Committee, and I of the intelligence community to have thank Senator WARNER for not taking a Director of Central Intelligence who IT IS TIME TO DEBUNK THE DAN- time in the Rules Committee. collects all of the information and GEROUS MYTHS ABOUT THE We find ourselves, as we frequently could, in effect, rattle the cages, where UNITED NATIONS do in the legislative process, very close necessary, to call attention to the top Mr. PELL. Mr. President, today the to the end of the session, not with suf- Pentagon officials, including the Sec- U.N. General Assembly will convene its ficient time to bring the matter to the retary and the Chairman of the Joint 51st session. This occasion has par- floor and to debate the issues of re- Chiefs of Staff, about the need for ticular meaning for me because 51 programming or concurrence or ap- greater protection of our forces. We years ago I had the honor of serving on pointments or many other issues, so we have not gone that far, and we have not the International Secretariat of the have had to make an accommodation accomplished that. I make these com- San Francisco Conference that drew up to have the bill handled by unanimous ments in the context of what had oc- the United Nations’ charter. In 1970, I consent in the course of a few minutes curred on June 25 and what happened was privileged to serve as a Represent- as we have already done earlier today. just yesterday with the filing of the ative of the United States to the 25th Senator KERREY, my distinguished vice Downing committee report. session of the General Assembly of the chairman, and I have agreed to this be- But I have talked to my colleagues United Nations. This year I have been cause, as I say, this is a significant about where we stand now, and the sen- honored again with my nomination by step forward. We want to go to con- timents have been expressed that we President Clinton and confirmation by ference. We want to get these provi- will have a chance to further improve my Senate colleagues to be a rep- sions accepted and placed into law even the intelligence community at a later resentative of the United States to the though a great deal more should have date. But that remains, to some sub- 51st session of the United Nations Gen- been done. stantial extent, unfinished business, as eral Assembly.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10649 Having been present at the United States and other permanent members That includes $304 million for the U.N. Nations’ creation and observed its enjoy veto power. Because of these in- general budget, $359 million for peace- work over the last 50 years, I strongly stitutional checks, the United Nations keeping operations, $7 million for war believe in the need for such a body and usually must struggle to achieve crimes tribunals, $337 million in assess- in the principles upon which it was enough of a consensus to make action ments to the United Nations’ special- founded. While I have applauded and possible. In no way could one mistake ized agencies, and $501 million in vol- participated in efforts to amend and this organization for an out-of-control untary contributions to programs such improve the organization, I would bureaucracy trampling upon the pre- as UNICEF and other programs that argue that these last 51 years have wit- rogatives of nation-states. the United States has treaty obliga- nessed an impressive record of achieve- A second myth about the United Na- tions to support. This total American ment. Though it has not always lived tions is that it does not serve Amer- contribution represented less than half up to all the expectations of its found- ican interests. In the most extreme of 1 percent of the current defense ers, the United Nations has irrevocably version of this myth, critics imagine budget; that allotted for peacekeeping changed the world in which we live. De- that the United States always fares less than the annual budget of the New spite the obstacles posed by the poli- worse when it acts multilaterally, than York City police force. tics of the cold war, I can think of nu- when it goes it alone. In fact, given On a per capita basis, the annual U.S. merous examples where the United Na- that many of today’s most pressing contribution to the U.N. regular budget tions succeeded in promoting inter- problems—be it crime, disease, envi- breaks down to slightly more than $1 national peace and security—in Na- ronmental degradation, terrorism, or per American. This is considerably less mibia, El Salvador, Cambodia, and currency crises—transcend national than what most other people in the countless other countries. Whether boundaries, there is much to be gained world pay. For example, the per capita brokering peaceful settlements to vio- from forging common solutions to contribution of the U.N.’s newest mem- lent conflicts, halting the proliferation common problems. ber state, Palau, is over $6 per person. of nuclear weapons, protecting the The end of the artificial divisions of Clearly, the American taxpayer is get- international environment, or immu- the cold war has presented the United ting a good deal for his money. nizing children from disease, the States with an extraordinary oppor- Of course there is certainly room for further economies. Like many large or- United Nations has made the world a tunity to use the United Nations to ad- ganizations, the United Nations could safer place. Clearly, if the United Na- vance its foreign policy goals. In the be leaner, more efficient, and more re- tions did not exist today, we would last U.N. session, members of the Gen- sponsive. But rather than eviscerating have to invent it. eral Assembly voted with the United I am therefore troubled by the in- States 88.2 percent of the time; 91 per- one of the key institutional creasingly violent attacks on this im- cent of Security Council resolutions underpinnings of the present inter- portant institution—in Congress, the were adopted unanimously. The United national order by starving it of funds, press, and other public fora. These at- Nations has enabled the United States we should work patiently but deter- minedly with like-minded states and tacks seem symptomatic of a broader to avoid unilateral responsibility for with the U.N. Secretariat to reform and dangerous tendency to seek to re- costly and entangling activities in re- and to improve it. I am heartened by treat from our international commit- gions of critical importance, even as it the consensus among such strong advo- ments and obligations. Revolutionary yields to the United States a position cates for U.N. reform as former Ambas- changes in communications, transpor- of tremendous authority. To para- sador Jeane Kirkpatrick and former tation, capital flows, and the nature of phrase former Secretary of State Assistant Secretary of State John warfare have irreversibly linked our James Baker, U.N. peacekeeping is a Bolton that the U.S. benefits greatly fate with that of the rest of the world. pretty good bargain. For every dollar from its membership in the United Na- Today, there is no ocean wide enough— the United States spends on peace- tions. I also agree with them that a keeping, it saves many more dollars by nor border fence we could build that U.S. withdrawal from the United Na- preventing conflicts in which it might would be high enough—to keep out an tions would be contrary to our national often turbulent world. otherwise have to become involved. From a cost-benefit perspective, U.S. interests. Rather than abandoning our role as How we go about the task of reform- contributions to the United Nations part of the international community, ing the United Nations will say a lot and its agencies have been a very we should endeavor to expand and im- about the prospects for American lead- worthwhile investment. In addition to prove cooperation with those states ership in the twenty-first century. As the American lives and dollars saved that share our values in order to ad- after World War II, the United States by U.N. peacekeeping missions, other dress our common problems. The faces a decisive challenge: whether to United Nations offers a valuable forum U.N. agencies have worked to prevent maintain the mantle of international for such cooperation. disaster and death and to promote leadership and stay engaged in the cre- With this in mind, I would like to use health and security both here in the ation of a new international order, or this opportunity to address three of the United States and abroad. In 1977, the to seek to retreat into isolationism. more dangerous myths that have been World Health Organization [WHO] The latter course is an even more dan- propagated recently regarding the averted an estimated 2 million deaths gerous option today than it would have United Nations: per year by eradicating smallpox. been 51 years ago. Only through inter- The first of these myths is that the Today, WHO’s children immunization national engagement and assertive United Nations somehow threatens program saves an estimated 3 million leadership can America hope to prosper American sovereignty. Critics of the lives every year. In 1992, during a se- and safeguard its security in the next United Nations have often depicted the vere drought in Africa, the Food and century. The United Nations can serve organization as a nascent world gov- Agriculture Organization and the as an important vehicle for advancing ernment eager to supplant the nation- World Food Programme saved an esti- these vital national interests. state. In fact, the United Nations more mated 20 million people from starva- f accurately resembles an unruly debat- tion. And in this last week, the U.N. ing club, where members control and General Assembly overwhelmingly THE RIGHT TO SAY NO vote on its activities. Moreover, the adopted the Comprehensive Test Ban Mr. BAUCUS. Mr. President, I rise to United Nations charter clearly states Treaty, which will contribute to the se- make a short statement on my strong that resolutions of the General Assem- curity and well-being of generations of disappointment that the energy and bly are non-binding on member states. peoples to come. water conference report does not in- In similar fashion, United Nations con- Which brings me to the third myth: clude the Senate-passed amendment ventions only apply to nations that that U.S. participation in the United giving the States and the cities the elect to ratify them. The one United Nations is ruinously expensive. In fact, right to say no to the importation of Nations body in which decisions could in fiscal year 1996, the United States’ out-of-State garbage. be binding upon member-states is the assessed and voluntary contributions I must say, and I think you remem- Security Council, where the United to the U.N. system totaled $1.51 billion. ber, Mr. President, this is not a new

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10650 CONGRESSIONAL RECORD — SENATE September 17, 1996 issue. This has been around since 1989. which at least they think makes sense tice that this may be a particularly Essentially, it is a battle between for them. That way, we can work an- convenient time in which to bring such those States who want to export their other compromise that is between the amendments to the floor and to have trash to another State and those House and the Senate, and we can fi- them considered. States on the receiving end who do not nally solve this problem—it is not the With that, and until we have some want it. perfect way, but in a way that gen- business to do, Mr. President, I suggest Not long ago in my State, the city of erally resolves the problems so that the absence of a quorum. Miles City faced a prospect that was today more local communities can say The PRESIDING OFFICER. The practically a Noah’s flood of garbage no to the importation of garbage com- clerk will call the roll. imports. Fortunately, that plan fell ing into their States. That is only fair. The bill clerk proceeded to call the through, but the really crazy and I ask the House to act quickly. roll. humiliating part of it all was that the I yield the floor, and I suggest the ab- Mr. KENNEDY. Mr. President, I ask unanimous consent that the order for 5,000 citizens of Miles City could only sence of a quorum. the quorum call be rescinded. sit and wait. They had no say at all and The PRESIDING OFFICER. The The PRESIDING OFFICER (Mr. no way to stop the waste from coming clerk will call the roll. ASHCROFT). Without objection, it is so in. Why? Very simply, because the Su- The bill clerk proceeded to call the ordered. preme Court has struck down attempts roll. by States to limit importation of gar- Mr. GORTON. Mr. President, I ask f bage, saying it violates the commerce unanimous consent that the order for IMMIGRATION clause of the Constitution. So we in the the quorum call be rescinded. Mr. KENNEDY. Mr. President, just a Congress have to act and pass Federal The PRESIDING OFFICER (Mr. few moments ago the Democratic con- legislation that enables States and en- CAMPBELL). Without objection, it is so ferees that had intended to meet in ables local communities to say no. ordered. conference between the House and the It is obviously wrong, Mr. President. f Senate to consider the immigration It is unfair for any city, whether Miles bill were notified that conference was DEPARTMENT OF THE INTERIOR City or any other city in the United indefinitely postponed. No time was es- AND RELATED AGENCIES APPRO- States, to not have the right to say no tablished when there might be a follow- PRIATIONS ACT, 1997 to garbage coming into their State. As up conference. you recall, we in the Senate have done The PRESIDING OFFICER. Under The issues of illegal immigration are our part. Way back in May of 1995, we the previous order, the hour of 11 a.m. of enormous importance to this coun- passed a bill to let Montana and other having arrived, the Senate will resume try. There are a number of States that States say no to the importation of consideration of H.R. 3662, which the are directly impacted by illegal immi- out-of-State garbage. The House of clerk will report. gration, but the problems of illegal im- Representatives, however, has a dif- The bill clerk read as follows: migration also affect just about every ferent story. They have stalled. They A bill (H.R. 3662) making appropriations State in this country in one form or have stalled on any action in this for the Department of the Interior and re- another. There has been considerable measure for a couple of years. lated agencies for the fiscal year ending Sep- discussion and debate about what poli- I say that the people of Montana, the tember 30, 1997, and for other purposes. cies we ought to follow to address the people of Pennsylvania, Indiana, Michi- The Senate resumed consideration of issues of illegal immigration. gan, Ohio, and other States affected by the bill. For a number of years, we have had the deluge of garbage coming into their Pending: special commissions that were set up States cannot afford to wait any Pressler Amendment No. 5351, to promote by the Congress to look at various im- longer. They are anxious. They are the livestock industry. migration issues. We had the Hesburgh concerned. They feel the Government Bumpers modified amendment No. 5353 (to Commission. The commission was bi- ought to be able to do something to ad- committee amendment on page 25, line 4 partisan in nature and made a series of dress this situation. Some of these through line 10), to increase the fee charged recommendations both with regard to States are already importing millions for domestic livestock grazing on public legal and illegal immigration. The Con- rangelands. of tons of garbage, and they do not gress acted on both of the rec- want to import more. AMENDMENT NO. 5353, AS MODIFIED ommendations. Now it appears that New York City Mr. GORTON. Mr. President, it is my Subsequently, because of the enor- may add 10,000 tons or more of trash understanding that we have now re- mous flow of illegal immigrants com- every day—10,000 tons of trash every sumed consideration of the Bumpers- ing to the United States, the Hesburgh day—when it closes its Fresh Kills Gregg amendment? Commission called for the United landfill on the outskirts of New York The PRESIDING OFFICER. The Sen- States to respond to the problem. After City. That should drive home to every- ator is correct. all, it is a function of our National one, and especially the House, how im- Mr. GORTON. Between now and 12:30, Government to deal with protection of portant it is to act and to act quickly. while we are on the Bumpers-Gregg the borders, and also to guard the bor- We talk a lot around here about local amendment relating to grazing fees, I ders themselves. This area of public control, about letting States decide believe that that amendment was de- policy presented an extremely impor- their own destiny, letting local com- bated thoroughly yesterday afternoon. tant responsibility for national policy- munities decide their own destiny. By In addition, there will be 20 minutes makers. saying no to the Senate amendment on equally divided on the amendment Beginning just about 2 years ago my this conference report, the House is after we reconvene following the party colleague and friend, the Senator from preventing the people from controlling luncheons before our vote on that Wyoming became the Chair of the Im- their own destiny. By saying no, States amendment. migration Subcommittee. I have en- cannot stop out-of-State garbage from As a consequence, Mr. President, I joyed working with him on immigra- being dumped in their own backyard. suspect that there is time between now tion—we have agreed on many, many Obviously, the Senate bill we passed and 12:30 to deal with any other amend- different items; we differ on some is not perfect. It is a compromise. It is ments that Members of the Senate may issues, and some we have had the good a compromise between the importing wish to propound. There are some 25 or opportunity to debate on the floor of States that take garbage and do not 30, at least, amendments that are rel- the Senate on various occasions. want the garbage and the exporting evant to this bill on which the man- In fact, we agreed on many of the States that, frankly, want to export agers have been notified. Probably half provisions in the Senate immigration more. It is a compromise. It is a com- or more of them can be accepted in bill. I welcomed the opportunity to promise we can live with. their present form or another form can support the legislation which passed Now, the House, apparently, does not be worked out. overwhelmingly—97 to 3. Although the want to act. It is not compromising. I So all Senators who are within hear- legislation was not perfect, it rep- say the House should pass something ing of these proceedings can be on no- resented a bipartisan effort to try to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10651 deal with the problem of illegal immi- bill the Republicans drafted, the Demo- leged item, nonetheless, what we find gration. I can remember how Chairman crats had to threaten parliamentary is, rather than just sitting down and SIMPSON dealt with the issues over a maneuvers in the House. discussing it in an open kind of forum, year ago when the Jordan Commission Nonetheless, we were notified we where the public would be invited to at was winding up their consideration of were going to have the conference least observe and to understand the illegal immigration issues. There were meeting today at noon; that we were public policy issues that are being de- many who felt we ought to rush to going to have a conference, break for bated, there are negotiations taking judgment. That we ought to provide the leadership meetings and then go place not with the Members of the Con- amendments on different pieces of leg- back and resume the conference. There gress and Senate that have to vote on islation. Senator SIMPSON said, ‘‘No; we was a clear anticipation that action the legislation, not with the Members are going to follow a process and a pro- would occur on the conference report. I of the House and Senate who have cedure.’’ He spoke as a senior legislator had hoped we would be able to revisit worked to try to be constructive and and as someone who has provided im- some of the items. We had tried to who have supported the legislation portant leadership on the issues of im- work together with members of the here in the U.S. Senate the last time migration. conference who were interested in some that we came—oh, no, the negotiation So we consulted the Judiciary Sub- of these issues that were not nec- is taking place with the Dole campaign committee on Immigration and later essarily partisan to see if we would at officials—the Dole campaign officials. the full Judiciary Committee, and we least have an opportunity for a brief They are the ones that are negotiating consulted with the Jordan Commission. debate on some of those. I think we with the Republican leadership on the We had extensive hearings. We moved were prepared to have that discussion shape of the immigration bill. through the process of markup. In the and debate and to raise those issues. The stories have been out there of markup itself Senator SIMPSON took The most important of all of the issues, the meetings that took place last week the time to visit the members of the of course, is the Gallegly amendment, and the positions of candidate Dole, committee, Republican and Democrat and whether we, as a public policy, are who wants, evidently, the Gallegly alike, to find their principal areas of going to dismiss from the public amendment included in the final immi- concern—to see if we could find com- schools of this country those children gration bill, and others within the Re- mon ground. Then, in the best tradi- who may be the sons and daughters of publican Party do not want to have tions of legislating, we had a series of illegal immigrants. The Gallegly provi- that. It is tied up, I dare suggest. It is days of markups. I daresay the partici- sion is strongly opposed by the law en- always a concern to speculate on what the motivations of other people are. pation of Republican and Democrat forcement officials and by teachers, But, it is increasingly apparent to alike in those markups was enor- who do not become teachers only to be many of us that the Republicans want mously impressive. I do not think turned into a truant officer who turns to make very difficult for the Members there is a member of that committee in names of suspected illegal immi- to deal in a bipartisan way with the on any side of any issue who does not grant children to INS. There were a issue of illegal immigration. It seems feel they were given a full opportunity number of other important issues in they either want the President to veto the Republican conference report, to make the presentation of their con- the legislation, or let it die in the Sen- cerns and to engage in a dialog, discus- which I will mention in a few moments. ate in the final hours of the Congress Then we were notified just a few mo- sion and debate. We had a fair hearing while Republicans and Democrats alike ments ago that our Republican friends of every issue—conducted under the express their dislike of the Gallegly are in disarray about what their posi- chairmanship of Senator HATCH. I be- provisions. lieve the entire process took 9 days. tion is with regard to the Gallegly So then there might be the oppor- They were full days. We did it section amendment, and that there is no con- tunity for those to say, look what has by section of the legislation, with noti- sensus. Even right now, since we have happened on the important issue of il- fication so members would have an been notified that this conference is legal immigration; we were not able to idea which areas were going to be ad- postponed, there is no effort to try to get the bill to the President. The Re- dressed each day. This was really in include Democrats in the conference, publican side says that if they take the the best traditions of legislating. or to talk about issues of concern to Gallegly amendment out, the bill may We moved forward, passed the bill us. There is still no effort, even at this well go through the Senate of the out of the Judiciary Committee, and late date, to craft legislation that United States and House of Represent- had extensive debate here on the floor would deal with a central concern of atives, and the President might sign it of the Senate. It took a number of the people of this country, and that is and get some credit for it. He might days, I believe 7 or 8 days. Sometimes the growth of illegal immigration. The get some credit for the bill in Cali- the debate was tied up on the issues of Republican conferees still have not al- fornia in an important election year. minimum wage. By and large, the dis- lowed us to address in a bipartisan way Now, Mr. President, I don’t think I cussion focused on the issues of illegal what this conference report means in am far off from the facts with that immigration. Then we had the rollcall terms of job loss for American workers, kind of a speculation, particularly vote. As I mentioned earlier, rarely do what it means in terms of crowded when we find that about the inability we have a matter of this importance schools, and what it means for the of Republican leadership to try and pass by a margin of 97 to 3 in the U.S. challenges that we are facing on the bring forth a conference report that re- Senate. Especially involving an issue borders, with all of the complex social flects agreement among Republicans. on which Senators have many different and economic criminal elements asso- The American people can say, well, if opinions. ciated with it. These are complex we can get a good bill, why don’t we do Then something happened, Mr. Presi- issues that the Democratic Members it? Do we always have to include the dent. We had the appointment of con- want to address and come to some con- Democrats in it? The fact of the matter ferees in the Senate, Republican and clusion on. is, we have supported illegal immigra- Democrat, but the Democratic con- Now we are notified that we still do tion proposals. We are interested in ferees were never invited to participate not have an opportunity to resolve this issue of illegal immigration. It is in pre-conference negotiations with our these issues in a bipartisan way. The an issue for the Nation to deal with, Republican colleagues. There were only conference is postponed again, but the but it is also a matter which has a dra- negotiations between the Republicans Republicans say they somehow going matic impact on the lives of workers in in the House of Representatives and to get together again. I now under- this country, because when they find the Republicans in the Senate. It has stand the power of the majority in out that unscrupulous employers are only been in the last few days that the being able to push legislation through. going to hire illegals and pay them less House Democrats were actually ap- Certainly, they do in the House of Rep- than their American counterparts, it pointed. It was only in the last few resentatives. They are able to have the has a dampening affect on wages for days that they were able to obtain the power to jam legislation through there. American workers. That has been de- legislation itself. And before the Demo- It is more difficult in the Senate. Al- bated and discussed, and we have var- crats could find out what was in the though a conference report is a privi- ious studies in the RECORD. But it is

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10652 CONGRESSIONAL RECORD — SENATE September 17, 1996 pretty self-evident that one of the prin- trol of illegal immigration is that the their comments. Congressman BECERRA cipal factors of holding down wages in breeder document is the fundamental talked about the additional kinds of our country is the fact of illegal immi- document to establish eligibility to burdens needy legal immigrants are grants taking jobs here in the United work in the United States. We need to going to face under this legislation. States. cut back on the forgery taking place. Senator LEAHY’s excellent presentation Was it so unworthy that we would What do we find out from that? That on summary exclusion pointed out that try, in dealing with the problems of provision has been emasculated. It says summary exclusion was a good name illegals. We must recognize that of the tamper-resistant birth certificates will for his amendment because so many of million and a half people that come only be required for future births, the Members of the House and Senate into the United States illegally each which means that we are going to have have been summarily excluded from year, about 350,000 remain in the this problem for 30 or 40 years, while any of the conference considerations. United States. Get this: Of the workers the next generation begins to grow up But he has reminded us of what would that come here and remain here as ille- and go into the job market. The con- happen to those that have a very legiti- gal workers, half of them came to the ference report has made a sham out of mate fear of persecution and death United States legally, and overstayed true reform on this issue. coming here under the procedures their visas. No amount of border en- It effectively emasculated those which have been accepted into this leg- forcement can deal with them. But very, very important provisions that islation despite the fact that the Jus- they are still taking American jobs, had been included with the leadership tice Department in this administration and they are continuing to depress the of Senator SIMPSON. And I think those has doubled the number of deporta- wages of American workers. The only were tough, difficult provisions for him tions. Congressman FRANK and Senator way you are going to get to these ille- to adopt and accept. But, nonetheless, SIMON talked about the changes in the gal workers is in the workplace. As the it was a very, very key element to contest for following proving discrimina- Jordan Commission pointed out, the trolling illegal immigration. tion in the workplace. Under the con- most likely employers that hire We also understand from the Repub- ference report, you must prove dis- illegals are also the ones that do not lican conference report, that for the crimination by an intent test rather respect the fair standards for workers first time in the history of American than the effects test. They talked and the working conditions for Amer- immigration law, if you are a worker about how that will complicate en- ican workers. working 40 hours a week for 52 weeks of forcement and make it exceedingly We find that in regions of the coun- the year, you have a very good chance more difficult to hold any employer try where you have the exploitation of you will not make enough income to liable even if they had a pattern or workers, you find, by and large, the bring in your wife, or your husband, or practice of discrimination; Congress- greatest numbers of those employers your child. For first time in American man RICHARDSON, HOWARD BERMAN, that hire the illegals. Now, in the Sen- immigration, they set a standard of ZOE LOFGREN of California; and others, ate bill we added 350 labor inspectors to what your income is going to have to including Congressman BRYANT—the find employers who violate our labor be in order to bring in a spouse, or a ranking member of the House Immi- laws by hiring illegal immigrants. That small child. The standard is even high- gration Subcommittee. is a 50-percent increase in the amount er for other members of the family. They talked about the different as- of inspectors the Department of Labor So the conference report says, if you pects of this conference. Most, if not currently has. What happened to that have the resources, if you are wealthy, all, supported the original legislation. provision? It has been eliminated by you are going to have the open oppor- We are deeply disappointed in the proc- the Republicans. It has been cut out of tunity to bring in your wife, your kids, ess and the conference report. It has the conference. It has been absolutely your brothers, or your sisters, or your been four months since we passed the cut out of the conference report. grandparents, but not if you are a immigration bill in both the House and One of the important provisions that member of the working class. the Senate. In the Senate we voted in we debated in the Senate was the de- This conference report is three early May, and now it is going into the velopment of various pilot programs to strikes and you are out in terms of pro- backside of September. We voted on verify the eligibility of people to work tecting American workers. They lose this issue. And we have the cancella- in the United States. We had Senate protection in the workplace because tion of the conference. The Senate con- provisions crafted to test what pilot the Republicans struck the provisions ferees were appointed right away in program would work most effectively, to provide protection for American May. Now 4 months later, nothing. so we can help employers make sure jobs. They lose the protections that Now we hear they are cooking up yet they are able to hire without the fear would come out of the pilot programs another version of the Gallegly amend- of discriminating against American to protect American workers—and we ment. workers. Well, what happened with are talking about American workers— Mr. President, this demonstrates that language? We had good pilot pro- that may trace their ancestry to dif- that the Republicans really are not se- grams. But they were dropped. And a ferent parts of the world. But because rious about dealing with illegal immi- different series of programs—and many of the color of their skin, or their ac- gration. They want a campaign issue, of us question the effectiveness of their cent, or their appearance, they are the not a bill. If they were serious, the con- results—are authorized. Many would subjects of discrimination. Discrimina- ference would be meeting now with bi- say that the Republican conferees tion which we know exists because partisan input. And with the challenge eliminated the Senate pilot programs GAO has documented it in the past. We to all of the Members of the House and under the weight and pressure of the are interested in trying to deal with il- the Senate—Republicans and Demo- business community and unscrupulous legal immigration; those who are going crats—can we get a bill that is going to employers, so they do not have to face to be a burden on the American tax- deal with the problems of illegal immi- the problems of dealing with hiring payer. But we are also interested in gration? illegals. trying to protect American workers. Illegal immigration is a problem. We And then, of course, there are the And these are the provisions that are committed, as the vote in the U.S. provisions in the law that undermine, would have helped to protect American Senate showed, to trying to do some- in a very dramatic way, provisions workers, and these are the provisions thing about it. It is not too late to do placed in the Senate bill by Senator which have been changed or removed something about illegal immigration. SIMPSON dealing with breeder docu- altogether. But as long as our Republican friends ments—the birth certificates and driv- Mr. President, we had an excellent are going to continue to meet behind ers licenses. This was controversial meeting just a short while ago with a the closed doors, refusing to let the issue on the Senate floor. But, we de- number of our Democratic colleagues sunshine in, I fear for what eventually bated it in a bipartisan way. Now, they from the House and the Senate. We re- will come out of it. too have been changed. viewed some of the problems we have It is a real, great disservice to the One of the principal reasons breeder with this legislation. I will try and in- American people and to this institu- documents are so essential to the conclude as part of a general statement tion that we are in this situation. But

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10653 we will be resolute. We still are strong- graze cattle on Federal lands, you lease this. It is a terrible thing for us to con- ly committed to trying to get legisla- it by what is called an AUM, or animal tinue to allow. tion that is responsible and that will be unit month. That is the amount of The PRESIDING OFFICER. The Sen- effective. We still await any oppor- grass it takes to feed one cow and her ator’s 6 minutes has expired. tunity that might come up to try to calf for 1 month. Some ranchers, for ex- Mr. BUMPERS. Mr. President, I re- offer whatever judgments that we ample those in southern Arizona and serve the balance of my time. might have that can move this process New Mexico, graze 12 months a year. The PRESIDING OFFICER. Who forward in a way which would deserve However, most of the permittees only yields time? strong bipartisan support for this legis- graze 4 or 5 months because there is Mr. DOMENICI addressed the Chair. lation. not any grass in the winter months. So The PRESIDING OFFICER. The Sen- It is a complex and a difficult issue. you can calculate, based on the current ator from New Mexico. But there is no reason in the world rate of $1.35 an AUM, how much a per- Mr. DOMENICI. I believe Senator that we can’t do it, and do it before the mittee is paying. CRAIG will be down here shortly. I ask end of this session. But to do so, we Why is this important? It is not the that the Chair inform me when I have have to have the doors and windows money. It is the principle. Mr. Presi- used 5 minutes, if you would, please, opened up for the public’s involvement. dent, grazing occurs on 270 million Mr. President. Mr. President, I yield the floor. I sug- acres of our Forest Service and Bureau Mr. President, first of all, there are gest the absence of a quorum. of Land Management lands, all Federal very different ways in which the public The PRESIDING OFFICER. The lands belonging to the taxpayers of domain is used from the standpoint of clerk will call the roll. this country—270 million acres. 97 per- grazing permits. It happens in a State The legislative clerk proceeded to cent of the people who hold grazing like mine we have 5,000 permittees. The call the roll. permits on those 270 million acres, and overwhelming number are small ranch- Mr. GORTON. Mr. President, I ask there are 22,350 total operators, are un- ers. And they use, for the most part, unanimous consent that the order for affected by the Bumpers amendment. the public domain for 12 months out of the quorum call be rescinded. Even the other 3 percent, who are the the year. The PRESIDING OFFICER. Without really big boys, are unaffected on the So the amendment that Senator objection, it is so ordered. first 5,000 AUM’s. BUMPERS is talking about uses this big In other words, if you have 6,000 f number, 5,000 animal unit months, AUM’s on your permit, for the first RECESS which is really about 400 head of cattle 5,000 you would pay the same rate you if you graze on the public domain for 12 Mr. GORTON. Mr. President, obvi- are paying right now, but on the extra months out of the year. So it sounds ously, we are not going to be able to do 1,000 you pay whatever rate you would like a monster, but in States like mine any more business between now and have to pay if you leased State lands in it is a relatively modest cattle ranch- the scheduled recess for the two parties that particular State where the lands ing operation. to meet. As a consequence, I ask unani- lie. mous consent that the recess scheduled What does that amount to? It means, Second, to say to those who ranch on to begin at 12:30 begin immediately. for example, that the average on State the Federal land, ‘‘You may be asked There being no objection, the Senate, lands is $5.58. In Colorado the rate is to pay the same as the State fee for at 12:19 p.m., recessed until 2:15 p.m.; $4.04. So you pay the difference in Colo- this land,’’ not only invites a fee sched- whereupon, the Senate reassembled rado lands for every AUM over 5,000, ule that is different from State to when called to order by the Presiding and you would pay $4.04. State, but the State leases its land on Officer (Mr. SANTORUM). Who are these people? Who are these completely different rules than the Federal Government. f 3 percent that have these AUM’s? I will show you. I want you to bear in mind Yesterday, in a few minutes on the DEPARTMENT OF THE INTERIOR we passed a rather harsh welfare bill floor, I suggested that if the distin- AND RELATED AGENCIES APPRO- here just recently. The poorest of the guished Senator from Arkansas would PRIATIONS ACT, 1997 poor in this country took it on the like to make the public domain in a The Senate continued with the con- chin, and yet here is the biggest cor- sovereign State subject to the same in- sideration of the bill. porate welfare ripoff going on in Amer- hibitions and/or restrictions that the AMENDMENT NO. 5353, AS MODIFIED ica. State land has, then maybe some con- The PRESIDING OFFICER. Under Who are these people that have more sideration might be given to charging a the previous order, there will be 20 than 5,000 AUM’s? And can they afford State fee. minutes equally divided remaining to pay more? If they lease State lands, Let me give you a major example. In prior to a motion to table the Bumpers they pay $5.58. If they lease private one of the States, the State land can- amendment. lands they have to pay $11.20. If they not be used for anything other than The Senator from Arkansas. lease Federal lands it is $1.35. Can they grazing, if you lease it for grazing, ev- Mr. BUMPERS. Mr. President, I yield afford it? Here is Zenchiku, a Japanese eryone else is denied access to that myself 6 minutes. corporation, 40,000 acres, 6,000 AUM’s. land. You cannot get on it for recre- The PRESIDING OFFICER. The Sen- Newmont Mining Co., the biggest gold ation. You cannot get on it for hunting ator is recognized for 6 minutes. mining company in the world, 12,000 and fishing. But we have decided on the Mr. BUMPERS. Mr. President, let me AUM’s. William Hewlett of Hewlett- public domain that we lease our land explain to my colleagues the difference Packard, 100,000 acres and 9,000 AUM’s. under completely different conditions. between this amendment and my Anheuser-Busch, one of the 80 biggest We lease for grazing, and it is still open amendment that you voted on earlier corporations in America, 8,000 AUM’s. to hunting and fishing and to the build- this year. In March, I offered an So I ask you, can these people—J.R. ing of habitat for wild game and for amendment that increased the Federal Simplot, in Idaho, an Idaho billionaire, fish. grazing fee for all permittees and those a multibillionaire that controls 50,000 So the argument that there is some who controlled more than 2,000 animal AUM’s. Can Mr. Simplot, who is worth kind of advantage and some kind of re- unit months paid a higher fee. This billions, afford to pay maybe $2.50 more ality and some kind of logic to saying, amendment is different. I have raised for all his cows above 5,000? let us charge what the State’s charge the ante to provide that, unless a per- Mr. President, this national ripoff is, ignores the fact that the State mittee controls 5,000 animal unit has been going on for almost 50 years. leases its land under completely dif- months, he is totally unaffected by my In March the offer I made to the Sen- ferent rules, regulations, conditions, amendment. In fact, any permittee who ate was anything above 2,000 AUM’s, and inhibitions. controls less than 5,000 animal unit and I lost by three votes. So yesterday Additionally, we do not need two sets months pays the present grazing fee. I amended my amendment to make it of fees. We do not need a fee for the Let me go back. What is an animal 5,000 hoping I could at least cause three rancher in northern New Mexico who unit month? When you lease lands to people to change their minds about has 200 head of cattle and up the road

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10654 CONGRESSIONAL RECORD — SENATE September 17, 1996 for somebody who has 600 head of cat- owning as few as 500 head of cattle and And these concerns are many. Indeed, tle a different fee schedule. That is sub- grazing them for 10 months would need I dare say that I cannot see one virtue ject to manipulation. Even the Depart- 5,000 AUM’s. Such a rancher would be in this amendment. To begin with, let ment of the Interior, when we sug- subject to these higher fees. Especially there be no doubt about it: This gested it before, said it will not work hard hit by this amendment would be amendment is not an effort to inject to have two separate sets of fees. I am Utah’s beleaguered sheep grazers, a fairness into public lands grazing. not here defending large versus small, large proportion of whom would be Rather, this is the effort of interests but clearly, we do not need that. I gave faced with these higher fees. who want nothing more than to get pri- some examples yesterday of how that Grazing fee increases will accomplish vate ranchers off of public lands. ‘‘Cat- might work. It would come out with little more than to drive many family tle free in 93’’ was the clarion call dur- very large corporations being able to ranchers out of business. Of course, ing the last Presidential election of pay the lower fee and very small, inde- some private land owners charge more those who hold this view. Fairness? pendent operators with 450 head having than the Federal Government for graz- What is fair about it? As my good to pay a higher fee. ing on their lands. Private owners pro- friend and colleague from the State of Last, but not least, an amendment vide services which public lands do not. Idaho has pointed out, if it is fairness comparable to this was introduced last The Federal Government does not this amendment is after, then all par- year. It failed. We took a comprehen- stock water ponds, provide fences, or ties should be paying the same rate, sive bill to the House. That bill provide roads. Ranchers using the pub- rather than pitting one class against changes some of the rules and regula- lic lands must provide these things for the other. Of course, those of us on this tions and increases the fee about 40 themselves at their own expense. side of the aisle are not surprised by percent. We believe you need to change Mr. President, this amendment will this pitch: It is just such attempts to the rules and regulations before you in- not result in increased revenue from engender class warfare that those on crease the fees. That is pending be- public lands. It will more than likely the other side of the aisle have excelled tween the House and the Senate. And decrease revenue as ranchers who can at for lo these many years. Fairness? to come along on an Interior appropria- no longer afford to use public lands What is fair about penalizing success? tions bill and change the fee schedule, find other options or go out of busi- What is fair about discouraging small as recommended, does not seem to this ness. ranchers from becoming successful I might add, Mr. President, that Senator to be the thing to do at this ranchers? The supporters of this there are few other options for grazing time. amendment moan that the taxpayers So when the time is up, I will move, land in Utah. The BLM controls 22 mil- aren’t getting their money’s worth out lion acres of land in our State. The on behalf of all of those who have sup- of our ranchers. How much money do Federal Government controls 70 per- ported the grazing reform and the de- they think will be returned to the cent of our State. Treasury when many of these ranchers feat of a similar amendment, I will Mr. President, I urge my colleagues go out of business because they have move to table it. I hope that the Sen- to vote to maintain what is not only an ate will respond by letting this matter important part of our Western herit- been barred from these lands—and lie where it is, an argument now be- age, but an important sector of the again let me stress: This is most as- tween the House and the Senate on a economy of many Western States. The suredly their ultimate goal. Environmentalists are forever trying comprehensive reform bill which also next time my colleagues sit down to a to sell the American people a quick will provide for very significant in- nice juicy steak or to a hamburger Persian rug about ‘‘enviro dollars,’’ creases in grazing fees. I yield the with their kids at the local fast food and all of the money just waiting to be floor. restaurant, I hope my colleagues will generated by tourism. Good heavens. In Mr. HATCH. Mr. President, I rise remember that some rancher worked today to express my opposition to the hard to produce it and may have even Western States like mine the tourist Bumpers amendment to raise grazing lost money for this effort. season on these lands is only a few fees on public lands. The future of Mr. President, I urge my colleagues months long at best. And has it oc- many livestock producers in Utah and in the Senate to oppose the Bumpers curred to no one what tourist jobs pay? elsewhere in the country is threatened amendment. Unless you own the motel you are by this amendment. Mr. SIMPSON. Mr. President, I have probably making five bucks an hour I am not aware of any cattle pro- certainly enjoyed over the years the changing bed sheets. Colonial Wil- ducers in Utah who will be making a spirited debates in which I have en- liamsburg, just a couple hours drive profit this year. At the same time as gaged with my good friend from the south of here, is one of the healthiest Utah ranchers are facing dismally low State of Arkansas. He is a most pas- tourist enterprises in the country, yet prices for their cattle, they have been sionate and articulate representative there are people with 15 years seniority hit with a devastating drought. On top of his constituents and he is certainly there who topped out long ago at eight of this, economic conditions in Canada a credit to them. In the debate over or nine dollars an hour. The chimera of and Mexico have flooded our United raising grazing fees on ranchers who Tourism as a substitute for natural re- States market with their cattle. use the public lands, however, I find source use on our public lands is one of Ranchers who have grazed these myself pining for a new subject. We the great hoaxes perpetrated on the lands for generations are being forced have oft been down this road before. We American people by environmentalists. to pull up their stakes and close up have heard it all; about how those rot- I guarantee you that tourism will not shop. With the cattle industry in such ten billionaire ranchers are ripping off return more money to the Treasury bad shape, many agricultural lenders, the American people; about how they than grazing lease holders. aware of the possibility of increased are overgrazing and ruining the lands; But perhaps most offensive about the grazing fees on public lands, have be- about how we should have a progres- effort to rid our public lands of private come increasingly unwilling to lend to sive fee system that would hit some ranchers is the fact that Western livestock producers. An increase in ranchers hard and leave others alone; States are owned to an enormous de- grazing fees now could be devastating. about the inequity of rates charged for gree by the Federal Government: My This amendment would exempt Federal versus State lands. It is all State of Wyoming—52 percent; Idaho— ranchers from higher fees who have ‘‘old hat.’’ 63 percent; Nevada—a whopping 87 per- permits for fewer than 5,000 AUM’s, or Mr. President, I commend Senators cent. What are the people of the West animal unit months. Animals are num- THOMAS, CRAIG, DOMENICI, BURNS and to do but use these lands? Eastern bered and accounted for by animal unit all the others who have spoken out States are not owned by the Federal months. An AUM represents a unit of against this poor idea. I would be hard Government to near this degree. Nor is forage that is normally consumed by pressed to express my objections more the State of Arkansas, as my friend one cow and her calf or five sheep over cogently than they have done. Let me from Idaho has pointed out. a 1-month period. Unlike many States, just underline a few concerns that Fairness? What is fair about charging Utah public lands are grazed in the those of us from Western States share the same to graze on BLM lands as summer and the winter. A rancher with regard to this issue. that charged on State and private

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10655 lands? BLM land users have to furnish I do not know where the Senator marketplace economies and capitalism, their own improvements; fences, cul- from Arkansas is coming from at this which made this country great. Basi- verts, water tanks. They must contend moment other than for the political cally, what we have here is a program with public access to their herds. They sound bite for the up and coming cam- which essentially allows people to take have tighter restrictions on what pred- paign, because it is precedent setting, advantage at an extraordinarily low ators they can and cannot control and very precedent setting, to argue that rate, a subsidized interest, paid for by a host of other differences. we will divvy up the blades of grass of the taxpayers of America. Mr. President, this amendment is the public domain by who is rich and Mr. President, $58 million a year is neither fair nor prudent. We have de- who is poor, and we will use that as a spent on this land. The United States feated it before and I encourage my determination. We have never done it gets back $14 million. What we are sug- colleagues to defeat it again. I yield in any other way of selling a public re- gesting is that for those people who use the floor. source, and we all recognize the impor- this land excessively, who have a large The PRESIDING OFFICER. Who tance of marketing public resources to number of AUM’s that exceed the 97 yields time? get a fair and effective return to the percent of the people who are not going Mr. CRAIG addressed the Chair. Treasury. to be impacted, just the top 3 percent The PRESIDING OFFICER. Who Mr. President, that is what this Sen- of the people using this land, who use yields to the Senator? ate did. I think we ought to be proud of it to such an extensive rate, that those Mr. DOMENICI. How much time re- that work. Now, to attempt an end run people should pay a rate that is a high- mains on our side and on Senator around that effort, an end run that is er rate. BUMPERS’ side? Today’s rate is 43 percent less than The PRESIDING OFFICER. The Sen- precedent setting and totally unbal- anced, is, without question, in my what was paid in 1980. What we are sug- ator from New Mexico has 4 minutes, 53 gesting is a rate which does not even seconds remaining; the Senator from opinion, the wrong way to go. It di- vides the grazing communities of the account for what the inflation increase Arkansas has 3 minutes, 42 seconds. would be had that 1980 rate not been Mr. DOMENICI. Mr. President, I West. It should not be allowed to do that. It totally rearranges what has brought forward. It is a reduced rate, yield all of my time to Senator CRAIG. even by the simple terms of reflecting The PRESIDING OFFICER. The Sen- been a historic arrangement that has stabilized the West and brought good back to the 1980’s and adding inflation. ator from Idaho. We are suggesting a rate much closer Mr. CRAIG. Mr. President, let me stewardship to the public lands. to fairness, to equity, that gives to the echo again what the Senator from New The stewardship now recognized by taxpayers of this country, all of whom Mexico has just said. This is a fas- the Department of the Interior has re- happen to own this land—it is not just cinating precedent being established sulted in better conditions on Western owned by folks in the West—a reason- here in this amendment by the Senator grazing lands than in the last 100 years. able return on the investment they are from Arkansas, precedent in the way We, as trustees of that public domain, making. we would sell public resources. ought to be proud of that because we I yield the floor. Never before have we said to a large have insisted that stewardship go for- The PRESIDING OFFICER (Mr. timber company, ‘‘You’re going to pay ward. COATS). The Senator from Arkansas. a premium for the tree because you’re Now, that stewardship is a product of Mr. BUMPERS. Mr. President, the larger,’’ and to the smaller timber pro- the relationship of the permittee—that Senator from New Mexico and the Sen- ducer, ‘‘You’ll pay less.’’ We have never is, the rancher who has the permit that ator from Idaho alluded to what fair said to a rich person who walked into a leases the grass that grazes the cat- market prices are. If you live in national park, ‘‘You’re rich, so you’ll tle—that stewardship resulted in the Idaho—the Senator from Idaho men- pay more.’’ And we have never said, quality of the rangeland we now have. tioned he tried to establish a fair mar- therefore, to the poor person, ‘‘You will If you break it up into a rolling crap ket price—the price is $1.35 AUM if you pay less.’’ We have always established shoot of a kind that has been proposed lease lands for grazing from the U.S. what we believed was a fair market by the Senator from Arkansas, that Government. But if you lease lands for price for the value of the public re- stewardship goes away. No longer do grazing from his home State of Idaho, source. That is your job, Mr. President, you have the kind of longevity in graz- you have to pay $4.88 for the same and that is mine. ing that goes from generation to gen- thing, and in New Mexico, it is $3.54. This past year we made every effort eration with the clear recognition that The average that States charge for to accomplish that. We debated it long that has produced quality stewardship, the same thing we get $1.35 for is $5.58. and loud in the committee that the quality rangeland, quality wildlife Why are the States so much smarter Senator from Arkansas and I are mem- habitat, and by the Department of In- than we are? If you rent in the private bers of. We agreed and disagreed; and terior managers’ own admission, the sector, the national average is $11.20. we came back again and structured an- best conditions in rangelands in 100 The Senator from Idaho said we are other provision to reform. It had a fee years. trying to separate the rich from the increase in it for all parties who would Mr. President, I hope we could table poor. Nothing of the kind. These people lease the public’s grass. this amendment. I think it is wrong. I I am talking about—Anheuser-Busch, But what the Senator from Arkansas think it is unfair to divide the rich and Newmont—I do not think they argue is saying is, ‘‘If you’re rich, this blade the poor and establish that kind of an they are poor, they cannot afford to of grass for your cow will cost you argument. If we do that, I think you pay more, for example, than what his more than if you are less rich.’’ You and I will want to come back here and State would charge. If they are poor, if and I both know that deciding who is say to the millionaires that walk into people who have 5,000 AUM’s, which is rich and who is not rich is very arbi- our national parks, ‘‘You are rich, you all this amendment covers, if they are trary. Sometimes you can own 1,000 pay more; for those on food stamps, if poor, who are these 97 percent below head of cattle, and owe the bank $5 you can get to the parks, you pay them? We do not touch anybody except million, and have a net worth of nearly less.’’ people like Anheuser-Busch, Newmont zero. That happens in the cattle busi- That that should not be the way we Mining, William Hewlett, J.R. Simplot, ness on occasion. I doubt that the Sen- do it, but that is what is being pro- the biggest corporations, wealthiest ator from Arkansas would call that posed here today. people in America. rich, because if that individual rancher The PRESIDING OFFICER. All time I do not blame them. I would get land liquidated, there may be nothing left, has expired. The Senator from Arkan- for $1.35 before I would lease it from especially after estate taxes and all of sas has 3 minutes and 42 seconds re- the State of Idaho for $4.88, or lease it those kinds of things. maining. from somebody who owned land for But the important issue here is that Mr. BUMPERS. I yield 2 minutes to $11.20. All we are trying to do is say, if the Senate heard the need from the the Senator from New Hampshire. you want this land, fine, we will give public to raise the grazing fees and to Mr. GREGG. Mr. President, I rise in you 5,000 AUM’s at this ridiculously reform grazing, and we did, and the support of this amendment, which is low price. If you go above that, you Senate acted. not about rich and poor, but about will have to pay a little more.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10656 CONGRESSIONAL RECORD — SENATE September 17, 1996 We all know what this is. I heard all H.R. 3816, the energy and water appro- NAYS—8 of this debate yesterday about all these priations bill. Brown Feingold McCain poor little ranchers. The poor little Mr. GORTON. Mr. President, I ask Bryan Kerry Roth ranchers out there are not touched unanimous consent that we vote now Faircloth Kyl under this amendment. They can graze on the amendment. CHANGE OF VOTE 418 head every month for 12 months. Mr. President, this vote having been Mr. KERRY. Mr. President, I was re- Most permittees do not graze livestock 50 to 50 on the motion to table, and the corded as an ‘‘aye’’ on the previous on the Federal lands for 12 months. order having been that we vote on or in vote. I meant to be recorded as ‘‘nay.’’ Most of them only graze about 5 relation to the amendment, it seems at I ask unanimous consent that I be re- months a year, so you have to have least to this Senator that the logical corded as a ‘‘nay.’’ This would not af- 1,000 head on most of this land before course of action would be to vote now fect the outcome of the vote. you even get touched by this. If you on the amendment and then to vote on The PRESIDING OFFICER. Without have 1,000 head, you ain’t poor. the energy and water bill thereafter. objection, it is so ordered. The PRESIDING OFFICER. The time As a consequence, I ask unanimous (The foregoing tally has been of the Senator from Arkansas has ex- consent that we proceed to vote on the changed to reflect the above order.) pired. Bumpers-Gregg amendment. Mr. KERRY. I suggest the absence of Mr. DOMENICI. I move to table the The PRESIDING OFFICER. Is there a quorum. Bumpers amendment, and I ask for the objection? The PRESIDING OFFICER. The yeas and nays. Mr. BUMPERS addressed the Chair. clerk will call the roll. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- sufficient second? ator from Arkansas. ceeded to call the roll. There is a sufficient second. Mr. BUMPERS. Mr. President, I Mr. GORTON. Mr. President, I move The yeas and nays were ordered. think it would be well to debate this to reconsider the vote. The PRESIDING OFFICER. The amendment awhile longer. I am not Mr. SIMPSON. I move to lay that question is on agreeing to the motion prepared to vote on this amendment. motion on the table. of the Senator from New Mexico to lay The PRESIDING OFFICER. Is there The motion to lay on the table was on the table the amendment of the objection to the unanimous-consent re- agreed to. Senator from Arkansas. quest of the Senator from Washington? f The yeas and nays have been ordered. Mr. BUMPERS. I object. The clerk will call the roll on the DEPARTMENT OF THE INTERIOR The PRESIDING OFFICER. Objec- AND RELATED AGENCIES APPRO- motion to table. tion is heard. The legislative clerk called the roll. PRIATIONS ACT, 1997 The PRESIDING OFFICER. Are there The Senate continued with the con- f any other Senators in the Chamber de- sideration of the bill. siring to vote? The result was an- The PRESIDING OFFICER (Mr. nounced—yeas 50, nays 50, as follows: ENERGY AND WATER DEVELOP- KEMPTHORNE). The Senator from Wash- [Rollcall Vote No. 291 Leg.] MENT APPROPRIATIONS ACT, ington is recognized. 1997—CONFERENCE REPORT YEAS—50 Mr. GORTON. Mr. President, obviously, under normal circumstances, we Abraham Dorgan Kyl The Senate continued with the con- Ashcroft Faircloth Lott sideration of the conference report. would now go back to the Bumpers- Baucus Feinstein Lugar The PRESIDING OFFICER. Under Gregg amendment on grazing fees. The Bennett Frahm Mack the regular order, the vote now occurs, Senator from Arkansas, and I think Bingaman Frist McCain the Senator from New Mexico as well, Bond Gorton McConnell as previously agreed, on the adoption Brown Gramm Murkowski of the conference report on H.R. 3816, wish a little time before we do that. I Bryan Grams Nickles the energy and water appropriations believe it totally appropriate to grant Burns Grassley Pressler that time. Campbell Hatch bill. On this question, the yeas and Reid Cochran Hatfield nays have been ordered, and the clerk Second, the distinguished senior Sen- Shelby Conrad Heflin ator from Alaska wants about 15 min- Simpson will call the roll. Coverdell Helms utes to speak on the former Sergeant Craig Hutchison Stevens The bill clerk called the roll. D’Amato Inhofe Thomas The result was announced—yeas 92, at Arms of the Senate. I will soon Daschle Kassebaum Thompson nays 8, as follows: make a unanimous-consent request Domenici Kempthorne Thurmond [Rollcall Vote No. 292 Leg.] that about 15 minutes be devoted to that subject. After that point, I will NAYS—50 YEAS—92 Akaka Gregg Murray ask we set this amendment aside and Abraham Frahm Mack Biden Harkin be ready to go to other amendments on Nunn Akaka Frist McConnell Boxer Hollings Pell Ashcroft Glenn Mikulski the subject. Bradley Inouye Pryor Baucus Gorton Moseley-Braun With that, I suggest the absence of a Breaux Jeffords Robb Bennett Graham Bumpers Johnston Moynihan quorum. Excuse me, the Senator from Rockefeller Biden Gramm Byrd Kennedy Murkowski Roth Bingaman Grams Alaska is here, so I ask unanimous con- Chafee Kerrey Murray Santorum Bond Grassley sent the Senate grant 15 minutes to the Coats Kerry Nickles Sarbanes Boxer Gregg Cohen Kohl Nunn Senator from Alaska or his designee to Simon Bradley Harkin DeWine Lautenberg Pell speak on the recently retired Sergeant Smith Breaux Hatch Dodd Leahy Pressler Bumpers Hatfield at Arms. Exon Levin Snowe Pryor Burns Heflin Mr. DASCHLE. Mr. President, reserv- Feingold Lieberman Specter Reid Byrd Helms Ford Mikulski Warner Robb ing the right to object. Campbell Hollings Glenn Moseley-Braun Wellstone Chafee Hutchison Rockefeller The PRESIDING OFFICER. The Graham Moynihan Wyden Coats Inhofe Santorum Democratic leader. Cochran Inouye Sarbanes Mr. DASCHLE. I ask, upon conclu- The motion to lay on the table Shelby Cohen Jeffords sion of the Senator’s remarks, I be rec- amendment No. 5353, as modified, was Conrad Johnston Simon rejected. Coverdell Kassebaum Simpson ognized for purposes of offering an Mr. GORTON addressed the Chair. Craig Kempthorne Smith amendment. The PRESIDING OFFICER. The Sen- D’Amato Kennedy Snowe Mr. GORTON. I object to that, Mr. Daschle Kerrey Specter ator from Washington. DeWine Kohl Stevens President, and I suggest the absence of Mr. GORTON. Mr. President, have Dodd Lautenberg Thomas a quorum. the yeas and nays been ordered on the Domenici Leahy Thompson The PRESIDING OFFICER. The amendment itself? Dorgan Levin Thurmond clerk will call the roll. Exon Lieberman Warner The PRESIDING OFFICER. Yes. And Feinstein Lott Wellstone The assistant legislative clerk pro- the yeas and nays have been ordered on Ford Lugar Wyden ceeded to call the roll.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10657 Mr. STEVENS. Mr. President, I ask peake Bay from Lewes, DE, to the Sen- The resolutions (S. Res. 293 and S. unanimous consent that the order for ate in 1968, and he has been present in Res. 294) were agreed to. the quorum call be rescinded. the Halls of the Capitol ever since. He The preamble to Senate Resolution The PRESIDING OFFICER (Mr. developed a deep knowledge and under- 293 was agreed to. INHOFE). Without objection, it is so or- standing of the Senate as he rose The resolution (S. Res. 294) is as fol- dered. through the ranks from Doorkeeper to lows: f Cloakroom assistant to Secretary for S. RES. 294 the Minority and Majority to Sergeant Resolved, (a) That the individual who was SALUTING THE SERVICE OF at Arms. His loyal service spans from HOWARD O. GREENE, JR. the Sergeant at Arms and Doorkeeper of the Republican leaders Everett Dirksen, Senate on September 1, 1996, and whose serv- Mr. STEVENS. Mr. President, I ask Howard Baker, Bob Dole, and TRENT ice as the Sergeant at Arms and Doorkeeper unanimous consent that the Senate LOTT. He served almost three decades. of the Senate terminated on or after Sep- now proceed to the consideration of Members have come to rely on How- tember 1, 1996 but prior to September 6, 1996, Senate Resolutions 293 and 294, and I ard’s ability to help count noses. I shall be entitled to one lump sum payment ask unanimous consent they be consid- know I did when I was whip in the consisting of severance pay in an amount equal to two months of the individual’s basic ered en bloc. Chamber here for 8 years. pay at the rate such individual was paid on The PRESIDING OFFICER. Without While sometimes it seemed that How- September 1, 1996. objection, it is so ordered. ard had a crystal ball, it was his care- (b) The Secretary of the Senate shall make Mr. STEVENS. I ask that the clerk ful analysis, knowledge of the issues, payments under this resolution from funds read the resolution which is the resolu- understanding of the Members, and his appropriated for fiscal year 1996 from the ap- tion pertaining to the former Sergeant hard work that provided information propriation account ‘‘Miscellaneous Items’’ at Arms. that usually made his forecasts cor- within the contingent fund of the Senate. The PRESIDING OFFICER. The rect. Vice Presidents, in their role as (c) A payment under this resolution shall clerk will report. Presidents of the Senate, have relied not be treated as compensation for purposes of any provision of title 5, United States The bill clerk read as follows: on Howard’s assistance and experience Code, or of any other law relating to benefits A resolution (S. Res. 293) saluting the serv- particularly during times when debates accruing from employment by the United ice of Howard O. Greene, Jr.: were intense and votes could be close. States, and the period of entitlement to such S. RES. 293 We have been able to count on How- pay shall not be treated as a period of em- Whereas, Howard O. Greene, Jr. has served ard for almost 30 years, and he has ployment for purposes of any such provision the United States Senate since January 1968; been there when he was needed by the of law. Whereas, Mr. Greene has during his Senate Senate. But better than that, he has Mr. SPECTER addressed the Chair. career served in the capacities of Door- been able to participate where he could The PRESIDING OFFICER. The Sen- keeper, Republican Cloakroom Assistant, As- be of help. He has not had to be asked. ator from Pennsylvania. sistant Secretary for the Minority, Sec- His colorful descriptions of everyday Mr. SPECTER. Mr. President, I am retary for the Minority, Secretary for the situations and sense of humor helped pleased to join my distinguished col- Majority, culminating in his election as Sen- lighten the atmosphere during some of ate Sergeant-At-Arms during the 104th Con- league, Senator STEVENS, in praising gress; our longer and longest days and nights. Howard Greene. During the 16 years Whereas, throughout his Senate career Mr. He was here on some of the longest that I have had the privilege of serving Greene has been a reliable source of advice ones. in the Senate, I have come to know and counsel to Senators and Senate staff Those of us who traveled with How- Howard Greene and have great admira- alike; ard over the years know what a fine tion and respect for him. Whereas, Mr. Greene’s institutional knowl- traveling companion he really is. One edge and legislative skills are well known Senator STEVENS talked about the of his sad tasks was to arrange for Sen- Republican majority leaders Dirksen and respected; ators to travel to funerals or memorial Whereas, Mr. Greene’s more than 28 years and Baker and Dole and what great of service have been characterized by a deep services for departed Senators. When service they received from Howard and abiding respect for the institution and Howard made those arrangements, the Greene. In a sense, Howard Greene was customs of the United States Senate; appearance of Members of the Senate a leader’s leader because he would al- Therefore be it resolved, was one of dignity, organization, and ways provide information and insights That the Senate salutes Howard O. Greene, meaningful caring for those who sur- Jr. for his career of public service to the of enormous value to the leadership. vived one of our former colleagues. We are blessed, in the Senate, to have United States Senate and its Members. Mr. President, I believe Senators on personnel who serve in the capacity SECTION 2. The Secretary of the Senate both sides of the aisle know that How- shall transmit a copy of this resolution to of—you might call them clerks, or you ard’s allegiance to the Senate and his Howard O. Greene, Jr. might call them directors, or you loyalty to its Members and his love of PROVIDING FOR SEVERANCE PAY might call them, in effect, assistant our country would be hard to match. leaders. When Howard Greene was here, The PRESIDING OFFICER. The Many Senators and staff members who I would frequently go to him, as would clerk will report the second resolution. have retired would echo my words of most of my colleagues, and want a pre- The bill clerk read as follows: tribute to my friend. A resolution (S. Res. 294) to provide for Today, as his service in the Senate is diction about what was going to hap- severance pay. about to end, I have asked for permis- pen. People who may watch the Senate The PRESIDING OFFICER. Is there sion to request the Senate to pay this intermittently on C–SPAN do not objection to the immediate consider- special tribute to Howard Greene. He know that our schedules are very un- ation of the resolutions? will be missed by many of us. predictable. Some times people ask, There being no objection, the Senate I understand there will be time up to ‘‘When will the Senate adjourn?’’ I cus- proceeded to consider the resolutions. 15 minutes for Members of the Senate tomarily say, ‘‘When the last Senator Mr. FORD. I ask unanimous consent to add their comments, but let me first stops speaking.’’ Howard Greene cus- I be made a cosponsor of the resolution ask unanimous consent that the reso- tomarily had a good idea as to when commending Howard Greene. lutions be agreed to, the preamble be the last Senator would stop speaking. The PRESIDING OFFICER. Without agreed to, the motions to reconsider be When he was promoted to the Ser- objection, it is so ordered. laid upon the table, and statements geant at Arms, a very important and Mr. STEVENS. I ask unanimous con- made to these resolutions appear at prestigious position in the Senate, I sent that all Senators have an oppor- this point in the RECORD. was, in a sense, sorry to see it happen, tunity through the remainder of the The second resolution is comparable because no longer would Howard day to add their names as cosponsors, to that which was offered for several Greene patrol the floor. That familiar if they so desire. other Sergeants of Arms and recognizes sight when he would come out of those The PRESIDING OFFICER. Without their service by a provision for ter- double doors, straighten his tie and ad- objection, it is so ordered. minal leave compensation. just his coat and walk down that step. Mr. STEVENS. Mr. President, How- The PRESIDING OFFICER. Without Even Elizabeth Greene laughs at the ard Greene traveled across the Chesa- objection, it is so ordered. recapture of Howard Greene entering

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10658 CONGRESSIONAL RECORD — SENATE September 17, 1996 the Senate Chamber. He was always The PRESIDING OFFICER. The Baker. It was while he served in that busy. Howard Greene was really a great clerk will call the roll. capacity that many of us came to ap- aid and comfort to all the Senators. The bill clerk proceeded to call the preciate his organizational skills, his When the going got rough, I would call roll. diplomacy, and leadership. him in the evening or call him on Mr. HATCH. Mr. President, I ask Howard has now served 2 years as weekends, and he was always available unanimous consent that the order for Sergeant at Arms. His love for the Sen- to help over the rough administrative the quorum call be rescinded. ate and the legislative process have hurdles. The PRESIDING OFFICER. Without continued. In his years of service, he I know my colleague Senator ROTH objection, it is so ordered. had done Delaware proud. has come to the floor, and he intends Mr. HATCH. Mr. President, I just From his upbringing in the small to talk about Howard Greene as well. want to pay my respects to Howard town of Lewes, to his work in the most But I think Howard Greene was a tre- Greene for being such a good friend and powerful legislative body on Earth, mendous asset to the U.S. Senate. I, for a solid worker around here in the U.S. Howard Greene is, indeed, a smalltown one, am very sorry to see him termi- Senate. Wherever he has worked he has boy who made good. nate his service here. But I wish him served with distinction, he served with Mr. President, I yield back the floor the very best in the years ahead, and I a great deal of verve, and he has been and suggest the absence of a quorum. know we will all continue to work with a very good friend for all of us. I would The PRESIDING OFFICER. The him and admire him and respect him feel very badly if I did not get out here clerk will call the roll. for his contribution to this body. and say a few nice things about him, The bill clerk proceeded to call the I yield the floor. because Howard has always had an roll. The PRESIDING OFFICER (Mr. open mind, he has always been willing Mr. WARNER. Mr. President, I ask INHOFE). The Senator from Kentucky. to listen, he has always tried to help. unanimous consent that the order for Mr. FORD. Mr. President, may I just He has helped me on a number of occa- the quorum call be rescinded. take a moment to associate myself sions, as I know he has every Senator, The PRESIDING OFFICER. Without with the remarks of the distinguished and he deserves our respect, and I cer- objection, it is so ordered. Senators from Alaska and Pennsyl- tainly want to pay my respect to him Mr. WARNER. Mr. President, when I vania, as they relate to our friend How- today. came to the Senate, I can say without ard Greene. I am sorry he is retiring, but I wish any equivocation, Howard Greene was I think you have to understand the him the very best in his retirement, one of those individuals to whom I and institution to understand the value of and I hope, if there is ever any occasion my colleagues—we had one of the larg- an individual like Howard Greene. I for me to give any assistance or help to est classes of Senators at that par- think you have to understand the fair- him, I would certainly like to be there ticular time; took our oaths in 1979— ness, you have to understand that your for him. He is a great person who I but he was the man to whom we looked word is good, that when you tell a Sen- think served this U.S. Senate with for a lot of advice and guidance. ator something, that is the way it is. If great distinction. I just wanted to say The distinguished Senator, Mr. How- something happens that it cannot those few words here today. ard Baker, was then our leader on the occur that way, you have the good The PRESIDING OFFICER. The Sen- Republican side. And it was clear that judgment to come back and say to that ator from Delaware. Mr. Baker placed in Howard Greene a Senator it cannot happen now, and tell Mr. ROTH. Mr. President, it is fitting great deal of confidence and respect, him why. for me to offer a few words concerning and indicated to Mr. Greene, to the ex- I have never talked to Howard Howard Greene and his service to the tent he could be of assistance to the Greene and asked for anything, but U.S. Senate. Howard is from my home newcoming Senators, to do so. That what I received the most courteous at- State of Delaware. He began his service early experience with him led to many, tention as if I was the only one seeking to the Senate in 1968, as a doorman in many times that we worked together. any kind of information or help from the gallery. At the time, he was only I find him to be a person extremely him. 26, attending the University of Mary- knowledgeable about the rules of the So I will miss Howard Greene. I think land. His objective was to become a Senate. While the rules of the Senate the Senate will miss Howard Greene. I history teacher. Howard was an ambi- are the subject of great discussion hope those who are taking Howard’s tious young man—bright and ex- many, many times, there is a lot that place will understand that they are fill- tremely able. In this environment, he is not in the rules. But, nevertheless, ing very, very large shoes. gained the attention of Senators and Senators are expected to follow the To my friend Howard, I wish him became more and more interested in traditions. And he was particularly as- well. I hope his days ahead are full of the political process—especially the tute about all the unwritten traditions pleasure, and I hope that he can find daily proceedings here on Capitol Hill. of the Senate. And certainly in my something that will fulfill him as much When an opportunity presented itself class—and I hope it will always be a as his operation here in the Senate. in the early 1970’s, Howard moved into part of Senate life—we were very anx- I yield the floor. the Republican Cloakroom. After this ious to comply with the rules of the The PRESIDING OFFICER. The Sen- important promotion in Howard’s Senate, be they written or unwritten, ator from South Dakota. young life, you can imagine his sur- as a part of tradition. Mr. PRESSLER. Mr. President, I join prise when his mother said, ‘‘Congratu- Howard Greene played a very valu- in the tribute to Howard Greene. I lations, Dear. Does that mean you’ll be able role to my class. I see my distin- worked with him here in my 171⁄2 years hanging up the Senators’ coats?’’ It guished colleague here from Wyoming, in the Senate. He has been very helpful was while in the Cloakroom that How- Senator SIMPSON. He remembers well to me. He has been a friend of mine. He ard distinguished himself as one who Howard Greene and how he worked has been an outstanding public serv- could get things done. His attention to with our class, and in the years there- ant, a man of conviction and honesty detail, and service to others became de- after. He was also pretty tightlipped. and hard work. fining qualities, as did his keen insight There were many times he sat in on I do not know if the public realizes into complex legislative issues. meetings. I found that he was able to how hard some of these staff people Those who knew Howard, trusted his hold those exchanges that sometimes work around here to keep this place insights, and his activities drew him were heated between Senators, and do going. I saw it firsthand, in many cases into even greater involvement with the it very well. when we were in session at night. daily affairs of the Senate. They pre- So speaking for myself, and I hope Howard Greene certainly exemplifies pared him well for a new assignment as others will join me, we wish him very hard work and honesty and goodness. I Assistant Secretary for the Minority, well in his next challenge in life profes- join my colleagues in paying tribute to under Mark Trice. sionally. I wish to express my fond him here today. With the election of Ronald Reagan farewell and my gratitude in terms of Mr. President, I suggest the absence and the Republican majority, Howard what he did for me individually, what of a quorum. was appointed Secretary by Howard he did for my class of Senators, and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10659 what he did for almost three decades of Members from Parliament from both Mr. LUGAR. Mr. President, I join my service in the U.S. Senate. I hope that the lower house and the upper house, colleagues today in paying tribute to younger persons now coming along and and then took an Alaskan ferry on up Howard Greene and in saying words seeking to have a role in the Senate through Ketchikan and Juneau, and about our good friend. He has been my will look upon Howard Greene as one then went on past the Yukon Railroad good friend for the past 20 years. that set standards that they should out to Whitehorse where we were again I came to the Senate, and Bill strive to accept. Mr. President, I yield joined by members of the Yukon terri- Hildenbrand and Howard Greene were the floor. torial parliamentary body. And I found two people who took me under their Mr. MURKOWSKI addressed the his insight, his long memory of the wings. My own judgment at the time Chair. Senate, particularly some of the hu- was that Bill Hildenbrand knew almost The PRESIDING OFFICER. The Sen- morous sides of our relationships with everything that needed to be known ator from Alaska. one another, to be very interesting and about Washington. He seemed to be a Mr. MURKOWSKI. Mr. President, I rewarding. man of consummate experience, a per- join with my colleagues in paying trib- So I just add, that Howard Greene’s son who had been involved in cam- ute to Howard Greene for the service contribution to the Senate will be long paigns but, likewise, in the running of that he has provided this body. My per- remembered by those who served with the Senate from time immemorial. sonal association with Howard goes him, who knew him, and who loved Howard Greene seemed to be his dep- back to my election to the Senate and him. I join others in wishing him well uty, his teammate, a person of great coming to this body in 1980. I had little as he proceeds with what is ahead of vigor, who would stride up and down association with Washington, DC, and him in his life. And I thank him for his the aisles of this Hall with determina- little association with Senate proce- friendship and for his accommodation. tion and always with success in finding dure, and I found Howard extraor- I wish him well. I yield the floor, Mr. the person, the bill, the detail that was dinarily talented in addressing the egos President. required. of some 100 individual Members of this Mr. SIMPSON. I thank my friend It was exciting to watch them. It body. from Alaska, Mr. President. gave me confidence that some people He always reminded me of a person Just let me pay my own personal had confidence in what was being done, who had the ability to keep all the tribute for a moment to Howard and I thought if I watched carefully I balls up in the air, all at once if nec- Greene. When I came here to the Sen- might learn more, and I did from both essary, and in meeting the needs, the ate with Senator WARNER, our first of these gentlemen. During recent desires, not only of the Members dur- meeting, our first official conduct, our years, Howard’s growing responsibil- ing the normal course of business, but first official briefing, was with one Bill ities have been a real pleasure—seeing oftentimes it would be necessary to Hildenbrand and with Howard Greene, his own growth as a person, as an ad- phone him after hours. I found him very special people, both of them. They ministrator, as one who has served more than willing to go beyond just ac- worked so well together. These two Government well, has served the people commodating Members in the normal smoothed my path in this place, and of the United States, really, with dis- activities of our daily lives, but to certainly Howard Greene was, in my tinction, in large part because he make an effort to accommodate the role as assistant leader of the Senate, helped all of us to be more effective needs of family and family members. always there. He was there. He gave me and to have some idea of what we were I think it is fair to say that as I look full measure of himself, as so many doing and how we might do it better. back on my career in the Senate, ap- have here who do the work of the Sen- I am delighted to have this oppor- proaching some 16 years, I look back ate. tunity, and I appreciate the leader giv- on it with fond memories of my asso- Those who are here today who knew ing us the opportunity today, to say Howard, worked with him closely, he ciation with Howard. good words about people who have The occasional traveler. Howard was, was always there for me in my role as meant a lot to us, and especially about in my opinion, a white-knuckle flier. assistant leader. As I say, he gave me the person that we honor on this par- He had some inhibitions about the abil- full measure—loyal, helpful, persistent, ticular afternoon, Howard Greene. ity of the particular craft to get him to a source of good counsel—and a strong, Mr. FORD. I suggest the absence of a where he was going and, more impor- yes, yes, strong, taskmaster. He was quorum. The PRESIDING OFFICER. The tantly, back. One night we were flying good at organizing things, the official clerk will call the roll. over the Atlantic, and I do not know visits, the trips, the Presidential funerals, the official trips we had to do, and The assistant legislative clerk pro- whether we were in the Azores or ceeded to call the roll. where, but we had to refuel. And we he was always well organized. He will be remembered for his love Mr. BENNETT. Mr. President, I ask were in an old Boeing 707 that the Air and loyalty to the Senate as an institu- unanimous consent that the order for Force had, and occasionally the gear tion, for he loved this place from his the quorum call be rescinded. did not go down. One of the gears youth and from his early beginnings. The PRESIDING OFFICER. Without locked up on this particular night, He was my strong right arm in my objection, it is so ordered. would not go down. The normal proce- work, and I owe him my deepest Mr. BENNETT. Mr. President, I no- dure for eliminating that experience thanks and respect. I shall miss his ticed that some of my colleagues com- was to put the plane in a slide dive and good humor, ribald as it was. I wish mented about the service of Howard pull up rather abruptly, and that theo- him well. There is much more for him Greene, retiring as Sergeant at Arms of retically would drop the gear. Of to do in life. I wish him well. I wish the Senate. They referred to their long course, the Air Force aircraft are not him peace of mind. I wish him good years of experience with Howard and known for their public address sys- health. He has many friends. He can the great service that he has rendered tems. Some of us had some idea of the certainly always know that this is one. to the Senate during those years. procedure, and Howard was simply ter- Ann and I wish him the very best. God I am a relatively new Senator and rified through the entire process, which bless him in his new endeavors of life. don’t have that kind of experience to I think resulted in some libation of I thank the Chair. draw on, but I can offer the perspective some nature, or at least a visit to a wa- Mr. FORD. I suggest the absence of a of a relative newcomer to this body and tering hole when we hit the ground, to quorum. to the service that Howard Greene pro- which he was entitled and probably all The PRESIDING OFFICER. The vided when I was trying to find my way of us as well. clerk will call the roll. around. I found very quickly that if I I cite a more recent visit that I had The assistant legislative clerk pro- wanted an answer to a question, I went with Howard when I had an oppor- ceeded to call the roll. to Howard Greene and I always got tunity to participate as chairman of Mr. LUGAR. Mr. President, I ask one—quickly, accurately, and some- the United States-Canadian Inter- unanimous consent that the order for times very, very succinctly. Howard is parliamentary where we flew out of the quorum call be rescinded. not a man who wastes words. Prince Rupert, British Columbia, with The PRESIDING OFFICER. Without I found when I needed assistance in many of our Canadian counterparts, objection, it is so ordered. working through possible committee

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10660 CONGRESSIONAL RECORD — SENATE September 17, 1996 assignments and understanding the fidence for this fine man and as one Reagan-Bush years, its failure, and the program and how it all works, Howard who has worked with him and along- economic carnage it left in its wake. I Greene was there at my side to give me side him for a number of years. Mr. hope that I was able to shed a little the assistance I needed and helped me President, it gives me great pleasure to light on an issue of great concern to all find my way through that, which could add my words of support and best wish- Americans. be so confusing to a newcomer. Subse- es to this fine servant of the people of Today, I ask the American people to quently, as a member of the Legisla- our country and the U.S. Senate, How- look at the Dole economic plan—ad- tive Branch Subcommittee of the Ap- ard Greene. vanced voodoo economics, if you will. propriations Committee, I had the op- Mr. President, I yield the floor. And if it wasn’t for all of the harm it portunity to interact with Howard dur- Mr. THURMOND. Mr. President, each would cause, the Dole plan would be ing appropriations hearings that he day the Senate is in session, at least pretty amusing to this Senator who was called upon to attend as the Ser- one Member rises to pay tribute to a has worked on the budget for a long, geant at Arms. I found that he was not friend, a constituent, or a colleague long time. only concerned about Senators and who has distinguished himself, or has I must say that Bob Dole’s supply- taking care of the needs of Senators, he decided to leave Government service. side plan reminds me of a 17th century was also very concerned about the peo- Today, Most members of this body are scientist by the name of van Helmont ple under his jurisdiction. The Capitol taking to the floor to say ‘‘goodbye’’ to who actually had a formula for making Police come to mind as one area where a gentleman who has not only been a mice out of old underwear. At its Howard focused primarily on the per- fixture of the U.S. Senate for many heart, that’s the Dole plan: taking bits sonal needs of the members of the Cap- years, but has grown to be a friend to and pieces of discarded economics and itol Police. most of us, Sergeant at Arms Howard turning them into something unreal- When I made a suggestion in the sub- Greene. istic. committee about something that could Howard is one of those unique indi- Last week, I had the privilege to join be done within the law that would viduals who has spent most of his adult with Democratic colleagues at an im- make life better for the Capitol Police, life here on Capitol Hill. Beginning his portant forum on the Dole economic Howard picked up on it immediately career just outside this chamber as a plan. Benjamin Friedman, professor of and said, ‘‘We will do that.’’ A little doorkeeper, Howard worked hard and political economy at Harvard Univer- while later, I checked back and said, moved up the ladder of administrative sity, warned, ‘‘The Dole-Kemp proposal ‘‘Has anybody followed through on jobs in the Senate, taking over the po- is a reprise of a gamble that failed.’’ this?’’ I needn’t have done that check- sition of Secretary to the Majority at Former Budget Director Charles ing back. It was Howard Greene who the beginning of the 104th Congress, Schultze concluded, said, ‘‘We will do that,’’ and the staff- later assuming the duties of the Ser- A reasonable and prudent person would ers looked at me and said, ‘‘Yes, Sen- geant at Arms. In every job he held, have to question severely the wisdom of re- ator, that is in the bill.’’ Howard distinguished himself as an in- peating what the country did 15 years ago— So as he moves on to another cir- dividual of ability, dedication, and enacting a large tax cut before budget bal- cumstance and phase in his life, I want character, and he earned the respect of ance is well in hand. him to know that he goes with not only Members from both sides of the aisle The Dole plan is mired in the same the good wishes of some of the old-tim- for his thoroughness and commitment. specious supply-side arguments and op- ers around here, but a few of us new- As the Republican Party had not held timistic assumptions that made up the comers as well recognize the service he control of the Senate since the 1980’s economic quicksand of 15 years ago. has rendered, the friendship that he Howard had a challenging task before The original trickle-down economics has offered, and the excellence with him at the beginning of the 104th Con- delivered mediocre economic perform- which he has performed his job. gress. No doubt, his encyclopedic ance and a mountain of debt. Is there I wish Howard the very best in what- any reason to believe it will be dif- ever he now undertakes and tell him knowledge of the history, traditions, and procedures of this great body aided ferent this time around? The answer is that the Senator from Utah will always a resounding, ‘‘No.’’ look fondly upon Howard Greene as one him greatly as he administered to his tasks as Secretary to the Majority and Like the original voodoo, the Dole of his friends. voodoo II relies on bogus assumptions With that, Mr. President, I yield the Sergeant at Arms. I am certain that all to hide its disastrous deficit con- floor. would agree that the transfer of power Mr. PRYOR. Mr. President, I, too, from the Democrats to Republicans sequences. It’s a Whitman’s Sampler of would like to join with my colleagues was smooth, and that the functions candy-coated scenarios. The Dole plan this afternoon in paying special respect over which Howard had responsibility includes a $254 billion fiscal dividend here on the floor of the U.S. Senate to functioned efficiently and effectively for cutting the deficit; a $147 billion our friend Howard Greene. He has during his tenure. growth dividend for expanding tax served this institution with great dig- Mr. President, as you know, Howard breaks; and an $80 billion revenue divi- nity, with great candor, and certainly Greene is about to end his service to dend from projecting out a short-term with great understanding and respect the U.S. Senate. He can be proud of the blip in revenues. It hides the cost of for the Senate of the United States and work he has done as a part of this insti- back-loaded tax breaks and massive, for each and every Senator. tution during his many years on the unspecified spending cuts that no one He has respected and served and an- Hill, and I know that each of us wishes believes will happen. As Mr. Dole ups swered to not only the Senators on him good health, great success, and the ante on his economic plan, he that side of the aisle, but he has been much happiness in the years to come. raises questions about its credibility. most respectful and most helpful also Mr. EXON addressed the Chair. In spite of the truth nipping at his to the Senators on the Democratic side The PRESIDING OFFICER. The Sen- heels, candidate Dole assumes that he of the aisle. ator from Nebraska. if he says nonsense enough times it Howard Greene is the type of indi- Mr. EXON. Mr. President, I ask unan- will be believable. He’s wrong. The lat- vidual who makes the U.S. Senate not imous consent that I be allowed to est New York Times: CBS poll shows only unique, but I think that because speak as in morning business. that 64 percent of the electorate does of his service to the Senate and his The PRESIDING OFFICER. Without not believe that Mr. Dole will be able years involved with the Senate, the objection, it is so ordered. to deliver the promised tax cuts. U.S. Senate is better today because of f True to form, the Dole plan postu- his years of very, very distinguished lates that tax cuts largely pay for service. He is a part of the heart and DOLE ECONOMIC PLAN: VOODOO II themselves through economic divi- the nerve and the sinew that makes the Mr. EXON. Mr. President, last week, dends. The Dole dividends are doubly U.S. Senate what it is today, Mr. Presi- I delivered the first of a number of implausible because most of the tax dent. speeches on the fiscal follies of the cut consists of items that have nothing I take great pride in being able to Dole economic plan. I gave a brief his- to do with the economy’s longrun ca- add this humble voice as a vote of con- tory of voodoo economics in the pacity to grow. Most will do little or

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10661 nothing to stimulate savings, invest- us concerned about this horrible monu- maybe because for the last few years ment, or work effort. ment of fiscal irresponsibility. If past they have not seen people follow The Dole tax cuts’ effects on the is prolog, we are in for more debt. through with what they stated they economy are likely to be worse than Some have incorrectly claimed that were going to do. That quite possibly is the lackluster performance posted dur- President Reagan would have balanced understandable. ing the Reagan-Bush years. The first the budget in 4 years as promised, save Candidate Bill Clinton in his book supply-side gamble was taken at the for the fact those Democrats were in said there would not be an increase in trough of the 1981–82 Reagan recession, control of the legislative branch. For the gasoline tax, but he actually did. the deepest since World War II. Not three-fourths of the time that Presi- He passed a gasoline tax increase, as surprisingly, the 1981 across-the-board dent Reagan was in office, he enjoyed we all know. He did not tell people tax cut did boost the economy by stim- the support of a Republican majority there was going to be an increase on ulating spending, and not savings— in the Senate. The record clearly shows Social Security recipients, but there boosting demand in the economy, not that President Reagan failed to use the was. supply. As a consequence, much of the ultimate and readily available author- So my point is, yes, there may be employment growth during the Reagan ity he had—the veto to cut spending. some people who are cynical, but that years resulted merely from people get- He clearly had more than sufficient does not mean that just because Bill ting back jobs they lost during the re- votes to sustain a veto. Furthermore, Clinton did not do what he said he was going to do Bob Dole will not. I have cession. neither Presidents Reagan nor Bush Unlike the early 1980’s, when the un- submitted a balanced budget certified had the pleasure of serving with Bob employment rate reached 10.8 percent, by the Congressional Budget Office. Dole, and he is a man of his word, and he is very sincere. He is very sincere strong job growth over the last few So what’s the bottom line on the about cutting taxes and reducing the years has brought our current jobless Dole economic plan? In the September growth of spending. I will just mention rate down to 5.1 percent. A shot of de- 2, 1996, New Republic, Matthew Miller that he doesn’t even cut spending. He mand stimulus now would risk over- writes ‘‘It’s a fraud, covered up through slows the growth of spending under his heating the economy, push up inflation deception and double counting.’’ That’s proposal. The facts are we are spending and interest rates, and do little to im- pretty harsh but I have to agree. Bob Dole shouldn’t gamble away the future $1.55 trillion right now, and under Sen- prove the already tight labor market. ator Dole’s proposal we are going to Any benefit from a trickle-down tax of our Nation with a farfetched, losing end up spending about $1.8 trillion in cut now would have to come from im- proposition that in the end will only the year 2001. But he does commit to provements in the economy’s long-run end up with more spending. balancing the budget. That is doable. capacity to grow. The prior experience I simply say that the authority that the President has to cut spending We have done it. President Clinton, un- with Reaganomics is not reassuring, fortunately, vetoed it. since growth slowed to its previous should be used and the veto pen should always be their. It seems to me, Mr. Can you cut taxes and reduce the longrun pace once the economy’s slack growth of spending and still end up had been taken up. President, that we should realize and recognize that we have had four with a balanced budget in a few years? The Dole plan also assumes that an Yes; you can. We have proved that you unexpected jump in revenues this year straight reductions in the annual deficit of the United States. can. will persist forever, even though CBO I want to allude to one other thing in its latest Economic and Budget Up- It seems to me that we should not go hellbent for election with an economic that was mentioned. It is said, well, date argues that this blip may well be plan that this Senator believes is Senator Dole’s tax cut is paid for by temporary. voodoo economics, or it is going to pro- In fact, it could be worse. I am deeply doomed to failure. Mr. President, I yield the floor. vide tax cuts to pay for itself. That is concerned about the effects of the Dole Mr. NICKLES addressed the Chair. not the case. He took a very conserv- tax cuts beyond the year 2002. There is The PRESIDING OFFICER (Mr. ative assumption that the tax cuts pro- no cutoff point; they keep growing and SMITH). The Senator from Oklahoma. posed in his proposal would stimulate growing. The farther out the tax cuts f growth and that would pay for about 27 are projected, the less coherence the percent—not even half, 27 percent. Dole plan has, and the wider the deficit SENATOR DOLE’S ECONOMIC So I just make mention of the fact projections become. PACKAGE that some people assume this really Like his supply-side predecessors, Mr. NICKLES. Mr. President, I wish does stimulate the economy and there- who stretched credibility like taffy, to make a couple comments in re- fore pay for itself. Some people make candidate Dole promises to balance the sponse to my colleague from Nebraska. that assumption. Senator Dole did not. budget despite tax cuts totaling $550 He made a very strong statement He said it will stimulate the economy; billion. This would require spending against Senator Dole’s economic pack- the economy will grow a lot faster. It cuts far more extreme than those that age. Let me make a couple of state- has grown a lot faster. The growth of the Republicans failed to pass over the ments in rebuttal to that. the economy for the last 3 years has past 2 years. And remember too, the The Senator quoted a poll which said really been pretty anemic—about 2.2 number of programs that Dole has put that 64 percent of the American people percent compared to the last 10 or 12 off-limits: Social Security, Medicare, do not believe there is really going to years when it has been about 3.3 per- defense, veterans, interest on the debt, be a tax cut. A lot of people are very cent, about 50 percent higher. We can the New Mexico labs, military retirees, skeptical of politicians, in particular do better. We should do better. I hope and the list keeps growing every day. when they make statements as it per- we will do better. Even George Bush’s Budget Director, tains to taxes and you look back in his- I also heard a statement, well, very Richard Darman, said that the Dole tory a little bit. George Bush said, little is in Senator Dole’s package that plan was not realistic politically. ‘‘Read my lips. There will be no new would stimulate the economy. I dis- In most cases, the Dole plan leaves taxes.’’ And he passed a tax increase, agree. Allowing people to keep more of these huge spending reductions unspec- and I believe it cost him his reelection. their own money, when you are talking ified. In those instances where they are Bill Clinton, when he was cam- about the child credit—Senator Dole’s specific, however, the Dole campaign’s paigning in 1992, campaigned on a tax package has provision for a $500 tax own figures imply that some programs, cut, told people throughout the coun- credit per child. That is very family like the Energy Department, should be try there would be a tax cut, talked friendly. That says families, if you cut by more than 100 percent. At least about a $500 tax credit per child, or at have four kids and you are making we can all agree that that will be a dif- least a tax credit for families, but it $60,000, maybe two people working, you ficult task indeed. did not happen. As a matter of fact, in are going to have $2,000 more of your As I have said, the Dole plan will 1993, there was not only not a tax cut own money to spend at the local res- merely build the current mountain of but the largest tax increase in history. taurants or at schools or for your fam- debt to new heights. And history does So a lot of people are very cynical ily. That is going to help those busi- not provide much comfort to those of when politicians talk about taxes, nesses. Those businesses are going to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10662 CONGRESSIONAL RECORD — SENATE September 17, 1996 make more money. They are going to I yield the floor. improve security at our Nation’s air- generate more jobs. It is going to help f lines and airports. Here again, I would the economy and, I believe, actually like to thank a bipartisan group of FEDERAL AVIATION ADMINISTRA- spend it better than how the Govern- Senators for their efforts to develop TION PROGRAMS REAUTHORIZA- ment would spend it. comprehensive recommendations for TION He also cuts the capital gains rate in the bill. Senators HUTCHINSON and LAU- half. Some people disagree with that. I Mr. PRESSLER. Mr. President, I ask TENBERG deserve special thanks for believe we have at least a strong ma- unanimous consent that the Senate their tireless work in this area over the jority vote in the Congress to do it, be- now proceed to the consideration of past several months. The measure because if you reduce the tax on financial Calendar No. 539, S. 1994, the FAA reau- fore us today incorporates many of the transactions, you are going to have thorization bill. suggestions from the House-passed more. Some countries do not even tax The PRESIDING OFFICER. The antiterrorism bill, as well as new rec- financial transactions. clerk will report. ommendations from the Gore Commis- I think there are several things in The legislative clerk read as follows: sion of which I am a member. Passage Senator Dole’s proposal that will stim- A bill (S. 1994) to amend title 49, United of this bill will improve aviation secu- ulate the economy, that will balance States Code, to reauthorize programs of the rity by: spending deployment of the the budget. He is also calling for a con- Federal Aviation Administration, and for latest explosive detection systems; en- stitutional amendment to balance the other purposes. hancing passenger screening processes; budget. So he is sincere about doing it. The PRESIDING OFFICER. Is there requiring criminal history record I think he will do it. In spite of the fact objection to the immediate consider- checks on screeners; requiring regular that maybe one or two of his prede- ation of the bill? joint threat assessments and testing cessors did not do what they said they There being no objection, the Senate baggage match procedures. were going to do, did not follow proceeded to consider the bill. The third and final area I wish to through, did not tell the truth to the Mr. PRESSLER. Mr. President, I rise highlight Mr. President, is how this American people, I believe Senator in support of S. 1994, the Federal Avia- legislation will help small community Dole is telling the truth. He is a man of tion Authorization Act of 1996. Today, I air service and small airports, such as his word. We will cut taxes. We will am offering a manager’s amendment to those in my State of South Dakota. balance the budget. We will pass a con- the bill as originally considered by the The legislation before us today reau- stitutional amendment to balance the Commerce Committee which includes a thorizes the Essential Air Service Pro- budget. I think that is significant, it is variety of critically needed improve- gram at the level of $50 million. This positive, and it will help the American ments to address important safety and program is vital to States such as economy and help American families security issues affecting airports, air- South Dakota and others. The bill also as well. lines, and the travelling public. directs the Secretary of Transportation I yield the floor. This legislation is a comprehensive to conduct a comprehensive study on Mr. PRESSLER addressed the Chair. effort to deal with virtually all aspects rural air service and fares. For too The PRESIDING OFFICER. The Sen- of our Nation’s air transportation sys- long, small communities have been ator from South Dakota. tem including: funding issues, security, forced to endure higher fares as a re- Mr. PRESSLER. I do not want to cut the replacement of aging air traffic sult of inadequate competition and the off anybody, but I am trying to call up control equipment, and infrastructure Department of Transportation will now a bill that is a major bill. I do not want development. look into this issue as a result of this to block the Senator. Mr. President, first and foremost, we bill. This follows on the important Does the Senator have a brief state- must act to reauthorize the programs work that I instructed the General Ac- ment he wants to make? of the FAA before we leave this year or counting Office to initiate last year. Mr. INHOFE. Yes. I will be very brief. the FAA will be prohibited from And finally, in this legislation, we have The PRESIDING OFFICER. The issuing grants to airports for needed taken steps to protect smaller airports Chair recognizes the Senator from security and safety projects. In light of in the event of funding downturns in Oklahoma. recent air transportation tragedies, we the appropriations process. f must act now to ensure this vital rev- The legislation guarantees that if enue stream remains available. airport funding were to be significantly EXPERIENCE IN INCREASING As I have indicated, there are dozens reduced, smaller airports would not be REVENUES of important provisions in this legisla- disadvantaged disappropriately. As my Mr. INHOFE. Mr. President, we have tion, but Mr. President, I would like to colleagues know, larger facilities have had three experiences in this century focus my remarks on three main areas. a number of funding options available of increasing revenues: One was in the First, aviation safety. Air transpor- to them, including access to the bond 1920’s, one in the 1960’s, and then in the tation in this country is safe and re- communities, PFC, rates, and charges 1980’s. All three times it was a result, mains the safest form of travel, how- and the like. Smaller airports do not economists had to agree, of the fact ever, we can and we must do more. have the same options. I am pleased that we reduced taxes and gave people This legislation facilitates the replace- that we have developed a safeguard for more freedom. As a matter of fact, it ment of outdated air traffic control smaller airports without significant was not a Republican but it was a Dem- equipment. Importantly, it also puts in modifications to the existing alloca- ocrat, it was President Kennedy back place a mechanism to evaluate long- tion formulas, while protecting exist- in the 1960’s, who observed that we term funding needs at the FAA. Much ing letters of intent for multiyear have to increase revenues and the best work has been done by Senator funding projects at larger airports. way to do that is to reduce taxes. Of MCCAIN, HOLLINGS, FORD, STEVENS, and In summary, Mr. President, this leg- course, history showed that it did others, as well as the administration, islation represents the culmination of work. It worked again in the 1980’s and I want to congratulate them and over a year’s work by the Commerce when we went from a total expenditure thank them for their efforts in this re- Committee and other interested Sen- to run Government in 1980 of $517 bil- gard. This effort is critically important ators. It addresses our most pressing lion to $1.03 trillion in 1990, a 10-year given the projected growth in air travel aviation needs—safety, security, and period in which we had the most dra- over the next several years. Ensuring funding. matic decreases in taxes. adequate funding in a time of increas- I urge all of my colleagues to support So I would certainly agree with the ing passenger traffic and diminishing passage of S. 1994. We cannot adjourn man who I believe will be the next Federal resources is a difficult issue for the year without taking final ac- President of the United States that the and this legislation takes important tion on this important legislation. If best way to get this country back on steps forward. we fail to act, the FAA’s hands will be the right track is to reduce regulation, A second area I want to highlight is tied and they will be unable to address reduce taxes, and give people more in- aviation security. This legislation con- needed security and safety issues in dividual freedoms. tains numerous provisions designed to every State in the Nation.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10663 I should pay special tribute to the those amendments, and let us act on put those on the list. Those Senators chairman and ranking member of the them. who might be concerned if their Aviation Subcommittee, Senators Mr. FORD. Mr. President, S. 1994 au- amendment has been included in the MCCAIN and FORD, who have done so thorizes the programs of the FAA for 1 managers’ amendments or not, we will much fine work on this. year. The bill must pass because it is be more than pleased to visit with I yield the floor. an authorization bill. The FAA cannot them right away so we can assure our The PRESIDING OFFICER. The Sen- issue any airport grants unless this bill colleagues that their amendment has ator from Arizona. is passed. Under S. 1994, the FAA would been taken care of. Mr. MCCAIN. Mr. President, I have a spend approximately $35 million more So, Mr. President, I look forward to longer statement I will give in a on small airports for fiscal year 1997 moving this legislation forward. I look minute, but I want to thank the distin- than was spent in fiscal year 1996. I be- forward to cooperating with my friend guished chairman of the committee, lieve the chairman of the committee, from Arizona, Senator MCCAIN, and Senator PRESSLER, who made possible Senator PRESSLER, noted that was one that we will pass a piece of legislation this legislation through his leadership, of the things he felt was so important that will be acceptable and that we will through the efforts of his staff, whose in S. 1994. be proud of in the final results. names will be mentioned later. The House has passed its FAA reau- I yield the floor. Mr. MCCAIN addressed the Chair. I say to Senator PRESSLER, I do not thorization bill. That is H.R. 3539. They The PRESIDING OFFICER. The Sen- believe this legislation would be before did that last week. So it is incumbent ator from Arizona. us today without your leadership. We upon us to get our bill out so we can go Mr. MCCAIN. Mr. President, this col- look forward to your active participa- to conference and have the bill back to laborative work has resulted in legislation and assistance as we move this be presented to both the House and the tion that will benefit everyone who legislation through to its completion, Senate as soon as possible. uses this country’s air transportation hopefully by tomorrow. I extend my S. 1994 also contains a title that ad- system, including air travelers, air- deepest appreciation to Senator PRESS- dresses FAA reform, the long-term ports of all sizes, pilots and other air- LER. issues relating to how much money line and airport employees, the Federal Although we have not completed this FAA needs, and how to raise the funds. Aviation Administration, major, re- legislation yet, and I will save my re- A task force will review these issues gional, and short-haul air carriers, gen- marks about my friend from Kentucky, and work with the Secretary of Trans- eral aviation pilots and manufacturers, with whom, for 10 years now, I have portation on developing legislation and all others in the aviation industry. had the opportunity of working, the that will be submitted to Congress for This bill will do the following: Senator from Kentucky has proven review. We have no expedited proce- Ensure that the FAA and our Na- again that the only way you achieve dures here, so what we are saying is tion’s airports will be adequately fund- legislative successes are through bipar- that this task force will get it together ed by reauthorizing key FAA pro- tisan efforts, not only working to- with the advice and counsel of the Sec- grams, including AIP, for fiscal year gether on both sides of the aisle but retary of Transportation, and that 1997; with the administration. There are package is to be submitted to Congress Ensure that the FAA has the re- many people, including the Secretary for our review or support or whatever sources it needs to improve airport and of Transportation, Mr. Pen˜ a, and the it might be. So I think it is real impor- airline security in the near term; FAA Administrator, and especially the tant—very important that we get this Direct the National Transportation Deputy Administrator, Linda Daschle, out. Safety Board to establish a program to and their hard working staff. The structure of the FAA would provide for adequate notification of I ask my friend from Kentucky if he change slightly—and I underscore and advocacy services for the families would like to proceed with our opening ‘‘slightly’’—making it more inde- of victims of aircraft accidents; statements, or would he like to go di- pendent of oversight by the Secretary Enhance airline and air travelers’ rectly to the amendments that are of Transportation in the safety regu- safety by requiring airlines to share pending? latory arena. employment and performance records Mr. FORD. I would say to my friend Finally, the bill includes a title con- before hiring new pilots; Strengthen existing laws prohibiting that I will have a very short opening cerning aviation security and covers airport revenue diversion, and provide statement. I think we can encourage many of the issues that Senator PRESS- DOT and the FAA with the tools they our colleagues, if they have any LER said, as a member of the Gore need to enforce Federal laws prohib- amendments that have not been taken Commission, that they recommended. iting revenue diversion; care of in the managers’ amendment. I These items are generally consistent Make needed changes relating to think many of those have already been with the Gore Commission’s rec- MWAA, which is Metropolitan Wash- taken care of. They will be in the man- ommendation. ington Airport Authority; and, most agers’ amendment. So, for all practical The bill also authorizes the collec- important, provide for thorough re- purposes, I would be more than pleased tion of up to $100 million in overflight form, including long-term funding re- to see if any of my colleagues have any fees, fees charged to foreign air car- form, of the FAA. amendments they would like to put on, riers flying through our air traffic con- Each of the elements of S. 1994 is es- because, at some point tonight, I think trol system. Some of this money could sential to fulfilling Congress’ responsi- the chairman of the subcommittee will help pay for the essential air service bility to improving our country’s air want to get a finite list of any amend- programs that are so important to less transportation system. Clearly, Con- ments that are not taken care of in the populated areas. gress, the White House, DOT, the FAA, managers’ amendment, or are agreed to Mr. President, I might say, one of the and others throughout the aviation in- or voted on tonight. reasons this is put in here is that other dustry have been under close scrutiny Mr. MCCAIN addressed the Chair. countries charge us overflight fees. We regarding the state of the U.S. air The PRESIDING OFFICER. The Sen- have never done that. So I do not think transportation system. The traveling ator from Arizona has the floor. there could be any retribution of any public has told us they are worried Mr. MCCAIN. I would say to the Sen- kind if we add those fees, because we about the safety and security of U.S. ator from Kentucky, I believe it is the will be doing the same thing they are airports and airlines, and the ability of wishes of the majority leader and the doing. They are using our system, they the Government to alleviate these con- Democratic leader to get a finite list, are flying over this country in a safe cerns. Recent tragic events suggest unanimous-consent agreement on that, manner, and therefore we charge them that this apprehension is justified, and and have whatever votes are necessary a fee for our services. we have been strongly encouraged to sometime tomorrow morning. So I, like So I hope my colleagues are listen- correct the problems in one air trans- the Senator from Kentucky, urge my ing. I hope if my colleagues have any portation system. I believe that the colleagues who have additional amend- amendments that they want us to con- legislation we are considering today ments to those that we already have to sider as they relate to S. 1994, that will go a long way toward making the come over to propose those, propound they come forward and we be able to system safer and better in every way.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10664 CONGRESSIONAL RECORD — SENATE September 17, 1996 I would like to discuss briefly the im- available explosive detection equip- The PRESIDING OFFICER. Without portance of addressing and resolving ment; contains a sense of the Senate on objection, it is so ordered. the FAA’s funding problems. I have the development of effective passenger Mr. REID. Mr. President, at an ap- long been a strong supporter of com- profiling programs; authorizes airports propriate time during the proceedings prehensive FAA reform, which includes to use project grant money and PFC’s of this legislation, I will offer an helping to create a more autonomous for airport security programs; estab- amendment. and accountable FAA, giving the FAA lishes aviation security liaisons at key We live in a world that is increas- flexibility in personnel, procurement, Federal agencies; requires the FAA and ingly unstable and more dangerous and regulatory matters, and ensuring FBI to carry out joint threat and vul- each day. Unfortunately, the origins of that the FAA has a long-term, user fee nerability assessments every 3 years; most of this danger are the nations based funding system that considers directs the FAA to set up a pilot pro- around the world that export its vio- the FAA’s costs of providing services, gram to determine whether baggage lence and its terrorism. increases the efficiency with which the match requirements would enhance This world is full of various cultures. FAA provides its services, and en- safety and security; requires all air Many diametrically differ from each hances the safety of the U.S. air trans- carriers and airports to conduct peri- other, but no clash of ideals and soci- portation system. odic vulnerability assessments of secu- eties justifies state-sponsored ter- Although S. 1994 includes an FAA re- rity systems; and facilitates the trans- rorism and aggression. form package that I fully support and fer of pilot employment records be- The resolution unequivocally notifies that encompasses several elements tween employing airlines so that pas- the world that the United States will that the FAA needs to resolve its prob- senger safety is not compromised. not tolerate state criminal activity lems, the legislation does not mandate This legislation addresses two other against American citizens and their a user fee based on long-term funding critical aviation issues. First, it con- property. The amendment that I will system for the FAA. I still believe that tains provisions intended to reverse the offer will outline this in some detail. a user fee system would be the most eq- disturbing trend of illegal diversion of Mr. President, those of us who serve uitable and efficient funding system airport revenues. To ensure that air- in this body fly all the time, so perhaps for the FAA. Yet, after working and port revenues are used only for airport because of that we recognize every consulting with many others in Con- purposes, this legislation would expand time there is a TWA flight 800 or Pan- gress, the administration, and the avia- the prohibition on revenue diversion to American, we cannot only see our- tion industry, this legislation instead cover more instances of diversion. It selves, but our families, in these air- sets up a task force, which will study also would establish clear penalties and craft that are so treacherously de- and recommend to Congress the best stronger mechanisms to enforce Fed- stroyed. funding system for the agency. I am eral laws prohibiting revenue diver- The resolution that I will offer warns pleased that we are taking this critical sion. In addition, the bill would impose the world that the United States will step today toward achieving long-need- additional reporting requirements so not accept in the slightest degree any ed, comprehensive FAA reform. that illegal revenue diversion is easily assault on its citizens by another na- I would also like to address the safe- identified and verified. tion. The resolution that I will offer ty and security provisions in this bill. Finally, Mr. President, this legisla- will convey a sense of the U.S. Senate We all know that the traveling public tion makes certain changes to the Met- that any state-sponsored condoned hos- is worried about their safety when they ropolitan Washington Airports Author- tilities toward Americans will in fact fly. Provisions in this legislation were ity required following recent Federal be an act of war and that we should developed to respond quickly and pre- court rulings. In specific, the bill abol- strongly consider that an act of war. cisely to concerns we have heard in ishes the MWAA Board of Review, and Mr. President, this principle applies first-hand conversations with those increases the number of Presidentially- to any act of hostility, including but who use our Nation’s airports and air- appointed members of the MWAA not limited to airplanes that are hi- lines. Board of Directors. It also conveys the jacked or destroyed in the skies, to the In specific, to assure air travelers sense of the Senate that the MWAA hostage taking of American citizens and other users of our air transpor- should not provide free, reserved park- living overseas and to the destruction tation system that safety is para- ing areas at either Washington Na- of buildings in which Americans reside, mount, this bill requires the FAA to tional Airport or Washington Dulles either on American soil or otherwise. study and report to Congress on wheth- International Airport for Members of The United States does not go to war er certain air carrier security respon- Congress and other Government offi- against common criminals, but if a na- sibilities should be transferred to or cials, or diplomats. tion is going to plan and organize the shared with airports or the Federal Mr. President, the recent horrible aggression, assist in the execution of Government; requires the NTSB to de- aircraft accidents, and continuing re- terrorism or condone the hostility by velop a program to provide family ad- ports of power outages and equipment hiding the terrorists, then there will be vocacy services following commercial failures in our air traffic control cen- a consideration of a state of war be- aircraft accidents; requires NTSB and ters, have raised questions about the tween America and that nation. the FAA to work together to develop a safety of our Nation’s air transpor- Mr. President, it is a responsible re- system to classify aircraft accident and tation system and the effectiveness of sponse to an aggressive act by a foreign safety data maintained by the NTSB, the Federal Government in safe- state. The existence of these acts is and report to Congress on the effects of guarding the traveling public. We must itself, I believe, a declaration that they publishing such data; ensures that the do our part to reassure the traveling have no concern for human safety, of FAA gives high priority to implement public that we have the world’s safest life, and that we should strongly con- a fully enhanced safety performance air transportation system. This com- sider this to be an act of war. analysis system, including automated prehensive legislation will go a long I hope that it will be a deterrent to surveillance; requires the FAA to con- way in reassuring the public that the continued terrorist activity, bringing duct a study on weapons and explosive system is safe, and ensure the FAA will down on a hostile government many detection technology. And by the way, have a stable, predictable, and suffi- numerous negative consequences, such Mr. President, I believe that tech- cient funding stream for the long term. as economic warfare, that is, affecting nology is out there and, with the prop- Mr. President, I suggest the absence the ability of the country to obtain er funding in research and develop- of a quorum. loans. No government in the world ment, we can develop it, I have no The PRESIDING OFFICER. The today can afford to have their credit doubt about that. Improves standards clerk will call the roll. cut off or their borrowing power re- for airport security passenger, baggage, The legislative clerk proceeded to moved. and property screeners, including recall the roll. Second, causing neutral nations to quiring criminal history records Mr. REID. Mr. President, I ask unan- quit trading or doing business in a ter- checks; requires the FAA to facilitate imous consent that the order for the rorist country is something we should quick deployment of commercially quorum call be rescinded. consider would exist. If there is risk to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10665 trading with a country who exports vi- assault, killing, and terrorizing of our tion 674, or as a result of subsequent olence and upon whom there has been citizens, that we will retaliate. conference negotiations on general or is considered a declaration of war, At the appropriate time, Mr. Presi- aviation privatization with the House then neutral nations will cease trading dent, I will urge my colleagues to sup- of Representatives, I could support pri- with these venues of violence. port this sense-of-the-Senate resolu- vatization as long as no such legisla- Increasing insurance rates for the tion that would articulate clearly the tion permits the egregious activity of terrorist-sponsored government. Any gravity with which we consider the ter- revenue diversion and as long as it con- nation that sponsors terrorism itself is rorism that has been exported and is tinues to meet the airport users’ needs. at risk of violent retaliation, and con- being exported by foreign nations. Allegheny County Airport appears to sequently will see their insurance Mr. President, I suggest the absence meet the criteria of the Federal Avia- rates, which countries depend on in of a quorum. tion Administration for inclusion in a this modern world, as a detriment to The PRESIDING OFFICER. The privatization test program. their doing these acts of violence. clerk will call the roll. Mr. PRESSLER. In response to the What is a state of war? Among other The legislative clerk proceeded to concerns raised by the senior Senator things, the first response that comes to call the roll. from Pennsylvania, I would note that I mind, of course, is a military response, Mr. MCCAIN. Mr. President, I ask made my point in our recent cor- such as the one that President Reagan unanimous consent that the order for respondence that it is important to be initiated against Libya. The military the quorum call be rescinded. openminded and innovative in thinking power of the United States is well The PRESIDING OFFICER. Without about airport funding at a time of de- known and respected throughout the objection, it is so ordered. clining Federal resources. Undoubt- world, and is a principal option we ALLEGHENY COUNTY AIRPORT PRIVATIZATION edly, the privatization issue will be would have. Mr. SPECTER. Mr. President, I met taken up by the conference and I look Additionally, of course, naval block- recently with County Commissioners forward to working with my colleagues ades are an option, though less dra- Larry Dunn and Bob Cranmer, who are to address the needs of general aviation matic and violent than a full military very interested in the economic devel- airports, such as Allegheny County response. Mr. President, naval block- opment that could be generated from Airport. If the conferees determine ades have been used in recent times, privatizing Allegheny County Airport, that a privatization pilot program is particularly in Cuba, and in other na- a general aviation airport which has appropriate for general aviation air- tions whose reliance on ports and wa- not had commercial passenger service ports, I am sure that we will accord Al- terways are fundamental to their econ- since 1956. During my visit to the air- legheny County Airport all due consid- omy and their way of life. port on September 9, 1996, I again heard eration for inclusion in any such pro- A third form of response could be an of the strong local interest in privat- gram and would hope that the agency economic response, in effect, economic ization, which the county has esti- would do likewise. warfare that engages a variety of sanc- mated could generate as much as $20 Mr. FORD. I want to add my voice to tions against that nation’s economy. million in business growth in the this discussion. I know that the House This could range from a total embargo, Monongahela River Valley, an area has included a privatization provision, to dramatic tariffs, to a removal of the hurt in recent years by severe unem- which I cannot accept. I want to let my most favored nation status. This re- ployment. colleagues know of my grave concerns sponse could vary with the resistance I am advised that Federal law and about this matter. I know others share of the nation concerned. regulations are the principal obstacles my concerns. If Senator SPECTER’s con- I discuss these options of retaliation to privatization of airports. The House cern is over one general aviation re- to clarify that this sense-of-the-Senate FAA reauthorization bill contains a port, I suspect we all can appropriately resolution is not necessarily saying, as provision allowing for the sale or long- address that matter. we did during the Vietnam conflict, term lease, with the approval of the Mr. MCCAIN. Mr. President, I want that we will, in effect, try to bomb FAA, of up to six airports, of which one to thank the Senator from Pennsyl- them back to the Stone Age—nothing must be a general aviation airport or vania, Senator SPECTER, for his agree- to that effect. Rather, we will take the similar airport not in commercial serv- ment to a colloquy, and we will make responsible, firm actions necessary in a ice, such as Allegheny County Airport. sure that every consideration is given state of war to respond to state-spon- The Senate bill we are considering to his commitment to the Allegheny sored terrorism. today does not contain language au- County Airport. To declare a state of war under such thorizing such a pilot program, but I suggest the absence of a quorum. circumstances is well within the norm does provide for a report to the Sec- The PRESIDING OFFICER. The of international war and even histor- retary by an independent task force clerk will call the roll. ical precedent. The War of 1812 started that will consider innovative financing The legislative clerk proceeded to because American sailors were being mechanisms. call the roll. taken and impressed into the British Upon this state of the record, and as Mr. BROWN. Mr. President, I ask Navy. The British Government de- a member of the Transportation Appro- unanimous consent that the order for clared war against the Barbary pirates priations Subcommittee, I believe that the quorum call be rescinded. who terrorized the American coastline. for Allegheny County Airport to realize The PRESIDING OFFICER. Without Of course, there was the threat of war its fullest potential, private invest- objection, it is so ordered. by Theodore Roosevelt against the Mo- ment is crucial. I would ask my distin- Mr. BROWN. Mr. President, I will be roccan Government over the kidnap- guished colleagues, the chairmen of the offering an amendment later this ping of an American family. Aviation Subcommittee and the full evening that is designed to give trans- But even if it were not preceded in Commerce Committee, whether the Al- parency to some of the bidding process history, by the examples I have given, legheny County Airport is the type of with regard to large construction con- we must recognize the changing world airport in which privatization should tracts. in which terrorists are government be facilitated by Congress? I was surprised, in reviewing the supported, and that fanatical leaders of Mr. MCCAIN. As my good friend, the records of the Denver Airport, to find nations are willing to terrorize the senior Senator from Pennsylvania that it was difficult to ascertain why lives of innocent people. knows, I have been reluctant to sup- people had not been awarded the con- So, Mr. President, this resolution port legislation in this bill directing tract even though they were the lowest that I will offer at some subsequent the agency to establish a pilot program qualified bidder. I had just assumed time in these proceedings would send a on airport privatization, particularly that, when you put a project out to bid clear, unequivocal message, both because of the revenue diversion issue. and you had narrowed the field of peo- abroad and to our own communities However, if there is a legislative effort ple who bid on that contract, you were and States, by saying that the Amer- to facilitate privatization, either as a obliged to take the lowest bid. Cer- ican Government will protect its citi- result of an independent task force rec- tainly, that would be in the best inter- zens when other nations sanction the ommendation, as provided for in sec- est of the taxpayers if you could get

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10666 CONGRESSIONAL RECORD — SENATE September 17, 1996 the work done by someone who you right to the floor. The Senator is ask- list of amendments, which we hope to yourself said was qualified. It came as ing for kind of a public notice of taking follow with a unanimous-consent a surprise to me that, at times, the a bid when it is not the lowest bid, but agreement limiting the bill to those lowest bidder did not get the work, we always put the lowest and best. So amendments in further consideration even though deemed qualified. if you want us to say that we don’t of the bill. What was of more concern was the think the contractor is qualified and I yield the floor back to the Senator fact that it was very difficult to iden- so, therefore, we put out openly that from Colorado. tify when this had happened and how the reason we turned down the lowest Mr. BROWN. I yield to the Senator much it had cost the taxpayers. Lit- bid is we didn’t think the contractor from Kentucky. erally, in working with the GAO audit was qualified, then you would open the Mr. FORD. Mr. President, I say to my at the Denver Airport, we were advised airport board up—or whoever it is—to a friend, I haven’t seen the amendment, that it was going to be next to impos- lawsuit saying that this contractor is so it is hypothetical. You made a state- sible for them to identify which con- not qualified and, therefore, we are ment that left an inference here on tracts had not taken the lowest bid and throwing out his bid. That gets to be a what we were supposed to do, and so I how much was lost to the taxpayers or little bit tough, I imagine, when there will wait and get a copy of your amend- how much cost was increased because is a bid of any significance. ment. I think your intent is good, but of that. I am trying to prevent lawsuits on I am not sure that the end result will Mr. President, I am well aware of the my airport board. get what you are looking for. I would problems of overregulating this area. I Mr. BROWN. I appreciate the interest like to see the amendment. want to commend the committee for of the distinguished Senator from Ken- Mr. BROWN. Let me say that I appre- their efforts in the past to try to loos- tucky. I know he is very knowledgeable ciate my friend’s interest and, particu- en up this area, to give more flexibility in this area. You will be relieved to larly, his expertise in this area. We will to the levels of government that work know that is not the way the amend- get him a copy of the amendment and in this area. My understanding is that ment is drafted. My sense was that, in would, obviously, appreciate any sug- the advancements in that area have a circumstance where the airport au- gestions the Senator has. It is not my been made and that a general guideline thority, or others, have deemed the purpose to restrict, in any way, airport indicating an effective contracting pro- bidders qualified, among the bidders authority, or anybody, from making cedure should be set forth but that the that they deemed qualified, if they determinations as to who is qualified Transportation Department has the don’t take the best bid, they would be to bid, nor would it be to require an inability to move away from the very re- then obliged to give some indication of vestigation. It is my intention that strictive legislation in this area which the reason they had not taken the best when you come down to several parties has existed in the past and still, for ex- bid, but it would only be among those being deemed qualified and the con- ample, exists with the Pentagon. So it is not my purpose to reregulate who were qualified. They would be the tract not going to the one who is quali- this area. But it is my purpose—and I determinants of those qualified. fied and the lowest, then I think the think it would serve an advantage—if, Mr. FORD. Sometimes, I say to my public is entitled to at least an expla- when the lowest qualified bidder is not friend from Colorado, when you have to nation. selected, that at least the information publicize the bid, it is in the local That is the intention of the amend- is available as to why the lowest quali- paper, and you can go by and pick up ment we will be offering. I will file it fied bidder wasn’t selected and how blueprints for $25 or $100, or whatever at the desk. much difference there was in the bids it is, and you take it and work up your I yield the floor. on the contract. I believe that, if there estimate. When the bid date comes, Mr. FORD addressed the Chair. is something wrong—and I don’t mean you make your bid. When do they de- The PRESIDING OFFICER. The Sen- to suggest there is always something termine that contractor is qualified or ator from Kentucky. wrong if you don’t take the lowest bid- not qualified? Mr. FORD. Mr. President, I am dis- der. I suspect that there are cir- Mr. BROWN. Obviously, the proce- turbed by this amendment. This cumstances where that is explainable dure followed will depend on the entity amendment is the total Department of and understandable. But I believe if and, of course, we are dealing with a Transportation. It has nothing to do you have to at least present the infor- nationwide effort. The Department of directly with aviation. This is an avia- mation and make it public and avail- Transportation, for the contracts that tion bill. This indicates to me that, if able, the free press in our free system they let themselves, follows a different you do not like the winner, this gives will do a great deal to police the situa- procedure than, perhaps, local airport you the ability to get rid of him. It is tion. Transparency, exposure of the boards would. page after page of what a contractor facts, will help guarantee that the tax- Mr. MCCAIN. Will my colleague yield has to do, what the Secretary of Trans- payers get the best contract for their and allow me to make a statement on portation has to do, and all of these dollar and get the best performance. behalf of the leader? things. This is the total Department of Mr. President, I think it would be a Mr. BROWN. Yes. Transportation. We are here today to mistake to continue a practice which Mr. MCCAIN. Mr. President, I ask talk about airports. I thought it was allows people to literally hide from the unanimous-consent, with the Senator referring to airports, and about airport public the fact that they haven’t taken from Colorado not losing his right to authority. This says the Secretary of the best bid from qualified bidders in the floor, to make a statement on be- Transportation or the Administrator these circumstances. Mindful of the half of the majority leader. to award a contract in an amount costs of imposing this burden, we have The PRESIDING OFFICER. Without greater or equal to $1 million. suggested a $1 million threshold, and objection, it is so ordered. So the Senator from Colorado is maybe it should be even higher. The Mr. MCCAIN. Mr. President, the ma- going to have to do a lot of work on Defense Department has a $25,000 jority leader has asked me to announce this one before this Senator agrees to threshold for their requirement for the that we are seeking a finite list of it, and he will have to present it and competitive bidding. So I don’t suggest amendments, with the intention of pro- have a vote in the Senate. doing anything like what the Defense pounding a unanimous-consent agree- I yield the floor. Department has done, but I think at ment at the appropriate time, and that Mr. BROWN. Will the Senator yield? least with the disclosure of the $1 mil- it be a limited number of amendments, The PRESIDING OFFICER. The Sen- lion threshold—we will eliminate the to be tentatively voted on—those that ator from Colorado. small contracts—we will make it avail- require votes—at 11 o’clock tomorrow Mr. BROWN. I thank the Chair. able. Literally, when you don’t take morning. Let me say it is my understanding the best bid, you at least ought to The majority leader asked me to an- that the amendment does not give any- make an explanation and the facts nounce that there will be no further one a chance to open up bids. All it available to the public. votes this evening. I urge my col- does is merely ask for disclosure. It Mr. FORD. If the Senator will yield leagues to come over with their amend- suggests that there ought to be a bid- for a question, without his losing the ments so we can compile a complete ding process. I want to assure my

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10667 friend from Kentucky that I will be Rather than settling on a funding good job with the job at hand. The happy to work with him on his con- mechanism, the industry is battling issue used to be hijacking. That is cerns. We will try to see if we can’t de- amongst itself. Some players are urg- what we were worried about. That is velop what he wants. ing a long-term reinstitution of the when passenger screening came into Mr. FORD. Mr. President, one of the ticket tax. Others say they will fight being—when we worried about the pos- mistakes that has been made here to- to the death if the tax is extended be- sibility of someone with a firearm com- night is, I guess, saying no more votes. yond the end of this year. ing in and taking the plane away to hi- When it is said ‘‘no more votes,’’ they And meanwhile, uncertainty mounts jack it and the passengers. scatter like a covey of quail. So we will about how the FAA will meet the chal- But now we have a different threat. be looking for amendments as best we lenges of the 21st century. Now we must meet a different test. can. Last year, when S. 1239 came before And that threat, of course, is ter- We have a managers’ package that the Commerce Committee, I offered rorism. We must do everything we can will take care of many of the Senators substitute legislation to remove the to protect the traveling public against who have offered amendments. We are, mandated user fee system con- the people in this country that would I think, fairly close—down to maybe templated by that legislation. kill and maim innocent people in the six or eight amendments that will be My concept was that Congress needed name of a cause; people who would go the finite list. But we never know. more facts to cut through the issues in and blow up a building, or blow up The thing I want my colleagues to raised by both sides—and frankly, I an airplane, or any other kind of hei- understand is that the majority leader was concerned that S. 1239 preordained nous crime not even knowing the vic- has told the Senator from Arizona that user fees as the only way to meet the tims, not even knowing their families. he wants to get a unanimous-consent FAA’s needs. And, yet, because they believe in some agreement tonight on a finite list of My belief then, and now, is that an cause that they want to get publicity amendments and start voting on it at independent authority must review the for they would do these terrible acts. 11 o’clock tomorrow. All I can do is try FAA’s budgetary projections and deter- It is hard to deal with something like to protect my colleagues as best as I mine whether they are sound. All of us that, but we must try. And we can do can to a point. must agree on the needs, before we a lot just by having in place strong se- So I hope at least those on my side, mandate the solutions. curity measures that would protect the if you have an amendment, will please The compromise before us today does traveling public and let would-be ter- come and let me have it so that it can that. An independent assessment of the rorists know we are going to meet be on the list. If not, I think you may FAA’s financial requirements is con- them at every point that they would get left out. ducted, and then an independent panel try. CCAIN’s bill is a I yield the floor. takes the financial information and I think Senator M Mr. MCCAIN addressed the Chair. good one because it does put in place proposes to us, and the administration, The PRESIDING OFFICER. The Sen- studies where we are not sure what the specific recommendations on how to ator from Arizona. ramifications would be, and regula- fund the agency, and how to get the Mr. McCAIN. Mr. President, I would tions to be made by the FAA where we most efficient system for the dollars like to echo the sentiments of my know that we can do certain things spent. friend from Kentucky. I hope that the that will make it better. relevant amendments will be brought I will be blunt. I believe the flat-tax I think baggage checks, which is over. We are in the process of com- concept of the excise taxes has worked. something that is done on inter- piling that list. It is my understanding It is not perfect, but I fear there is no national flights, is something that we that the intention of the majority lead- perfect funding mechanism in this ought to look at on domestic flights. It er and the Democratic leader is to com- area. is not easy. I know that the airlines plete this bill tonight with the relevant But we will let the independent task are very concerned about not only pas- votes held over until tomorrow at 11. force work its will—and we will act on senger security but, of course, the ease So I again urge my colleagues to the proposals it promulgates. of travel and the ability to keep time. come over. I want to thank Senators MCCAIN, It is an issue for them. I understand Mr. STEVENS. I am pleased that this FORD, HOLLINGS, and PRESSLER for that. But I think we have to try. I bill has made its way to the floor. In- their hard work and leadership on this think we have to see how we can make cluded in this important legislation is bill. We all care about the FAA and it work. a provision I helped to craft which want to see it work efficiently and ef- Technology is changing every day. It mandates an extensive review of the fectively. Many good people work at is getting better. I went to the airport Federal Aviation Administration’s fi- the FAA, and the agency is absolutely yesterday morning, and they put my nancing needs. A private industry com- essential in my State where more than ticket through a screening device and mission is established under this bill three-quarters of our communities are brought out the boarding pass. Clearly, that will make recommendations on accessible only by air. they are now being able to check whether the FAA’s financing system Mr. President, I suggest the absence whether a ticket is valid. That is good. needs to be modified. of a quorum. I was pleased to have that little, tiny I know that we all agree that the The PRESIDING OFFICER. The delay because I knew that it made me aviation industry and the traveling clerk will call the roll. safer in the air. public need to have a fully funded, effi- The bill clerk proceeded to call the So I think with the technology we cient, Federal Aviation Administra- roll. have, that probably we can work out tion. Mrs. HUTCHISON. Mr. President, I something with baggage checks that What we disagree on, and what the ask unanimous consent that the order would not be onerous for the airlines. industry disagrees on, is how to reach for the quorum call be rescinded. Certainly, background checks for bag- that goal. The PRESIDING OFFICER. Without gage handlers and passenger screeners There is a bill on the calendar which objection, it is so ordered. is going to be something we would like mandates the implementation of user Mrs. HUTCHISON. Mr. President, I to have looked at. fees to fund the Agency. That bill has thank the Senator from Arizona for the We want to make sure that we are drawn so much opposition that it is work that he has done on the aviation able to screen people who are going to stalled. security issue and the aviation funding have access to the tarmac. I think The so-called big seven air carriers issue. He has worked on that for a long these are prudent measures and some- have visited many of our offices with a time. It is something that we share as thing that we need to know all the different user fee proposal—that con- an issue. ramifications of. We need to know cept also has not been adopted. Having been a member of the Na- what the costs are. We need cost-ben- An alliance has been formed of air tional Transportation Safety Board, I efit analyses. That is common sense. carriers, general aviation, manufactur- have looked at aviation safety for a But I think, in the end, this can be ers, and others to block all user fee long time. I think that the United done with a cost-benefit analysis that proposals. States and the FAA have done a very does make sense.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10668 CONGRESSIONAL RECORD — SENATE September 17, 1996 I am very pleased we are going to The PRESIDING OFFICER (Mr. vinced him you ought not go to look at passenger facility charges and BROWN). The Senator from North Da- Disneyland; you ought to go see the Airport Improvement Programs for the kota is recognized. world’s biggest cow on a hill over- funding of these security measures. Mr. DORGAN. Mr. President, I want- looking New Salem, ND—Salem Sue, a The Senator from Arizona is making it ed to come to the floor to speak about giant plastic dairy cow that sits on a possible in this bill, in the managers’ a couple of provisions in this legisla- hill. So he decides he will fly from amendment, to have access to those tion which includes a number of very Washington, DC, to Bismarck; he funding mechanisms for more of the se- important provisions that are very im- would be going to see Salem Sue in- curity screening systems that are a portant to all parts of America, but es- stead of Mickey Mouse. So he calls the higher and better technology than pecially to rural America. I wanted to same travel agent and says, ‘‘Well, you those being used at most airports make note of a couple of them. charge $300 for me to fly from Wash- today. Before I do, I wish to talk generally ington, DC, to Disneyland. How much We have a number of things that will about what persuaded me to advance will it cost me to go half as far to see improve our airport security in this an amendment in this legislation deal- the world’s largest cow on a hill out- bill. I do think it is important that we ing with essential air service. This bill side New Salem, ND?’’ take every step we can, that we work contains an amendment I offered in the Answer, twice as much. Fly half as far, pay twice as much. with the FAA, that we bring the FBI in Commerce Committee dealing with the Or, said another way, fly twice as far, to an even greater extent. They are essential air service program. I want to go back, as boring as it pay half as much. working now with the FAA, but I think What kind of a pricing system is they could do even more. I think it might be for some, to revisit the decision on deregulating the airlines. We that? Would that be a bureaucratic very important that we bring all of pricing system? Would that be a func- this together with the mandates and have people here in Congress who still think deregulation was a wonderful tion of some bureaucrat in Government the studies to make sure we do every- who decided let me see if I can mess up thing possible to make the traveling thing to do. If they could get pompoms, they would do jumping jacks and wave our pricing system so we can charge public safe and to let them know we people higher prices to fly fewer miles? are taking these steps to make them pompoms, saying airline deregulation was a wonderful thing for our country. No, that is not what this is about. It is safe and also to let the potential ter- about airline deregulation and the lack Well, it was for some Americans. rorists know we are taking these steps of competition, which means that rural to counter the threats that they might If you live in Chicago, I guarantee you grin from ear to ear about deregu- areas, people who live in smaller make on our traveling public. States with less population, end up So I am very pleased to have worked lation because if you happen to be traveling to Los Angeles, you can go to paying higher prices for fewer choices. with Senator MCCAIN on this bill, to O’Hare Airport, find many carriers fly- That is where deregulation has left us. bring what I learned in my days at the Some people think that does not ing to Los Angeles, competing aggres- National Transportation Safety Board mean very much. We still get all this sively against each other, providing to bear on this, although I must say, robust competition in the major cities, when I was on the National Transpor- competitively lower prices. You will and that is a good thing for the major tation Safety Board terrorism was not find a heck of a bargain if you want to cities. Yes, it sure is. It is a good thing the threat. That was in the old days travel from Chicago to Los Angeles. If for the major cities. But it has been when we were worried about other safe- you want to travel from Chicago to devastating for rural areas of the county issues, and I think now we do have New York, the same deal—a lot of car- try. the safest aviation system in the riers competing aggressively, com- I could go on at some length but I world, and we are just going to take peting by lowering prices. You get a shall not do that, except to say that, the next step to make it safer. heck of a deal. because of our experience, in which de- What about people who do not live in I thank the Senator from Arizona regulation of the airlines has made the the largest cities? What about someone rural areas an impoverished area with and the Senator from Kentucky for who lives, for example, in a State like their work on this bill. We must pass respect to that part of transportation North Dakota? Before deregulation, service we used to expect—some kind it, and we will. there several major airlines that flew I thank the Chair. of competition with jet service going jets in North Dakota: Western Airlines, to some hubs—because of that we have Mr. McCAIN. Mr. President, I wish to Frontier Airlines, Republic, formerly take a moment to thank the Senator to rely more and more on other kinds North Central Airlines, Delta Airlines, of devices. We have become very strong from Texas. She brings a degree of ex- Northwest Airlines, Continental Air- perience and expertise to the Com- supporters of the Essential Airline lines. Do you know who flies jets in Service Program, called EAS. That was merce Committee on aviation issues North Dakota today? Northwest Air- a program—when deregulation was en- that no other Member of the Senate lines—a good carrier. One jet service acted—that was advertised as a means has, due to her long involvement with carrier servicing our State. It is a good to continue to provide some support aviation safety as a member of the Na- carrier, good company, but our people and help to the smaller areas. That tional Transportation Safety Board. deserve some competition. program used to be funded at $80 mil- She worked on a special task force on The result of all of this is that in lion a year. Then it went to $40 million antiterrorism after the TWA 800 trag- rural parts of the country when you a year, then $30 million, then $25 mil- edy. She has advised the Senator from have less service, fewer companies and lion. Slowly but surely it has been di- Kentucky and me, but, more impor- less competition? Higher prices and minishing and many have tried to kill tantly, she has been responsible for less service. it. specific recommendations that are part I’ll give you an example which I have What I did in this bill was offer an of this bill which I think will help us used before in the Commerce Com- amendment that is now part of this achieve the goal which we all seek, and mittee. Let us assume that a Senator legislation that provides a permanence that is a reduction in the threat to the from Colorado desired to fly from to the Essential Air Service Program safety of those American citizens and Washington, DC, to go to Disneyland by funding it with a fee which this others who make use of airlines not and see Mickey Mouse and all of the country should attach to foreign car- only in the United States but through- merriment at Disneyland, traveling all riers overflying America. Every other out the world. the way across the country. And the country assesses this fee. Our country So I extend my deep appreciation to Senator from Colorado called a travel never has. This bill will assess a fee for the Senator from Texas. The bill would agent and said, ‘‘I want to go see foreign overflights of our country, just not be, I believe, as encompassing as it Disneyland in California. What is it as other countries do, and part of the otherwise is without her assistance, going to cost me?’’ And they would proceeds of that fee will be used to pro- and I thank the Senator from Texas. give him a price for a ticket, maybe a vide for an Essential Air Service Pro- Mr. President, I yield the floor. 2-week advance, to fly all the way gram that is more robust than the cur- Mr. DORGAN addressed the Chair. across the country. And then I con- rent program is.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10669 Under my amendment, the Essential for the purpose of funding the FAA. It respect to the FAA—and I know we are Air Service will be administered by the was reinstated for the purpose of pay- talking vacuum tubes and all kinds of FAA; no longer the DOT, as is cur- ing for a small business tax program other issues here—with respect to the rently the case. It will be authorized at that was attached to the minimum FAA, I feel more safe flying in this $50 million a year. This bill passed the wage bill. country than I do anywhere else in the Commerce Committee with broad, I know about double entry book- world. Is the FAA perfect? Have we had wide, bipartisan support. I appreciate keeping, and this truly stretches dou- problems? No, it is not perfect. Yes, we very much that it is on the floor and ble entry. Either the 10-percent ticket have had problems. But is this the kind likely will pass through the Senate. We tax is designed to help fund the func- of organization that deserves to have expect to keep this in conference and, tions of the FAA, or it is designed to this kind of plug-in and pull-out cir- once and for all, solve this problem. help pay, as a revenue source, for a cumstance on the 10-percent ticket This is a good piece of legislation that range of tax breaks—many of which I tax? I do not think so. It is not a good addresses a problem that we are stuck supported, many of which I thought way to do business. I think my col- with as a result of deregulation in were meritorious—tax breaks for small league from Arizona would agree with rural areas of the country. business. But it cannot do both. And that. My friend from Arizona is a particu- the more egregious approach here is I am not standing here lacing criti- larly articulate supporter of deregula- that, on December 31, the 10-percent tion. I understand why, and I do not cism at one person or one committee or ticket tax will expire again and, on one party. I am just saying this is not contest his view of why it has been January 1 and 2, there will be no 10- beneficial to some areas of the country. the way for the Senate to do business percent ticket tax. The Congress will and we ought to change it. If we are Nor would I expect he would contest not be in session. The Congress will my view that some areas of the coun- going to be here a week or two more, come back into session the first week the Finance Committee ought to report try have been hit very, very hard by a for a day, for swearing in. Then its theory that says we will create, in our something out that does this in the committees will organize. And, as all of right way, and that would be to perma- transportation system, networks in us know, there is not going to be a re- which, if you get a decent income nently attach that ticket tax so it does attachment of a ticket tax in January; stream that supports a service, fine; if not expire on January 1 and attach it unlikely in February; and we are right not, service is unavailable and unim- as a permanent funding source to the back into the same problem that all of portant to you. FAA, as it has been previously. That is We have always, in transportation us should have learned about in recent what I would expect of this Congress. and communications and certain other months. That is what I think most of the Amer- This is not being critical of one side areas, said let us try to provide broad ican people would expect of this Con- or the other. It is saying this is an networks of opportunity. That should gress. awful way to do business. I have sup- be true in air travel. It is true in com- ported the ticket tax because I think it So, that is therapy. I got that off my munications, telephone service, and is an appropriate way to raise the rev- chest. I have been complaining about other areas as well. But deregulation that for some while to no avail. You has changed that. We have had an op- enue to help pay for the functions of the FAA. We lost $500 million a month, talk to some who say, ‘‘this committee portunity, now, to sample the bitter has jurisdiction,’’ ‘‘this happened,’’ fruit of what deregulation does for us have substantially depleted the trust fund, we reattached the 10-percent ‘‘there are circumstances we cannot al- in some areas, and do not like it very ways control,’’ ‘‘I wish it were dif- much. That is why the Essential Air ticket tax, not for the purpose of re- funding the FAA, but for the purpose of ferent’’—the fact is, we can make it Service Program is increasingly impor- different. We run things, all of us to- tant to us. allowing another bill to pass that provides tax cuts for small businesses, gether. We in Congress can make our I would like to move from that just own decisions about what is right or for a moment to one other item. This some tax help for small businesses, and then attached it only until December what is wrong and it is fundamentally piece of legislation is critically impor- wrong that we are going to leave here tant. I commend the Senator from Ari- 31 when it is certain to expire again and all of us know it. and on January 1 have no ticket tax zona and the Senator from Kentucky that is funding the manner the FAA and all others who had a role in bring- There is something fundamentally wrong with that happening. The re- runs, the way you and I and everybody ing it to the floor of the Senate, be- expects it to operate. cause this legislation must be enacted sponsibility for us to address that is Mr. President, I know others may by this Congress. We must reauthorize ours, all of ours, on both sides of this want to speak on this. Having com- the FAA, provide for some continuity, political aisle. We ought to run this plained now for a bit about this, I do and we must recognize its new and ex- place the right way, and the 10-percent want to come back to say that I appre- panded role in dealing with all of the ticket tax, if that is the choice to ciate a lot of work that the Senator issues we deal with all throughout the largely fund the FAA functions, let us from Arizona and the Senator from year on air service issues in the Com- put it in place and keep it in place and Kentucky have done to bring this to merce Committee. not play games with it. One of the rea- But something has happened here sons I believe it is extended only by the this point. I know there have been a that causes me great concern. Let me Finance Committee through December number of fences to climb and a num- explain to the Senator from Arizona. I 31 is because I think there is a belief by ber of fences to get under, even, to get know he is aware of this and he prob- some that they can use it for the small here. I do not expect they will all be re- ably feels the same way I do about this, business tax breaks now, which they cited on the floor of the Senate, but but it causes me great concern. We have done, and then they can come this is the right subject. We need to re- have funded most of the FAA through back on January 1 and use it again be- authorize this bill, and the work that the aviation trust fund, financed, in cause it will be new money. It will not these two have done, I think, may part, with a 10-percent ticket tax on be a tax that exists. It will be a new allow us to accomplish that in a way airline tickets in this country. What tax and they can use it for other pur- that will be helpful to this country. If happened is that this 104th Congress we poses in January. It is a budget game we will add to it a piece that solves the got into a wrestling match about a and everyone in this Chamber knows ticket tax issue in the way that people whole range of issues and the ticket it. would expect it to be solved, then I tax expired. All those many months More important, it is playing a game think we will have done something the ticket tax has expired the $500 mil- with the wrong entity. The FAA, for all more for this country. I yield the floor. lion a month that should have been of the controversy that it seems to re- Mr. MCCAIN. First of all, I associate going into the trust fund to help fund ceive every time there is a major prob- myself with the remarks of the Senator the programs in the FAA, depleting the lem, the FAA is an institution that has from North Dakota concerning the trust fund. an enormous responsibility. I, like my ticket tax. If, last year at this time, Then the 10-percent ticket tax was colleagues, have flown in various parts the Senator from North Dakota and I reinstated, but it was not reinstated of the world. I tell you, at least with had been told that the ticket tax would

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10670 CONGRESSIONAL RECORD — SENATE September 17, 1996 have been jerked around in this fash- One item I would like to add to what maintenance program; maximum per- ion, I would have just said it is not pos- we expect from FAA is that we put re- centage of amount made available by sible. I mean, aviation in America is sponsibility on those who are operating grants to certain primary airports; dis- too important. We have to have these FAA to do all these great things, and cretionary fund; designating current funds. We know what method of trans- then we don’t give them the where- and former military airports; State portation more and more Americans withal to do it. Think about that. We block grant program; access to airports take, and the importance of moderniza- demand the safest airline service in the by intercity buses; report including tion. We all know the problems with world, but yet we say we’re going to proposed legislation on funding for air- the air traffic control system. We all play Mickey Mouse with your money. port security; family advocacy; acci- know the issues that face us. Yet the We went 10 months at $19 million a dent and safety data classification; re- ticket tax was allowed to lapse for day lost, and now on January 1, we will port on effects of publication and auto- what, 10 months, I ask my colleague start losing a similar amount until we mated surveillance targeting system; from North Dakota? It staggers the wake up and try to fund it. Sure, we weapons and explosive detection study; imagination. For us to only, as the have in this bill a study on other ways requirement for criminal history Senator from North Dakota says, ex- to finance, but we don’t have it yet. records check; interim deployment of tend that ticket tax to December 31 is That study has to be sent to us for re- commercially available explosive de- really unfair. It is unfair to aviation view by the Secretary of Transpor- tection equipment; audit of perform- safety, it is unfair to modernization, it tation. ance of background checks for certain is unfair to the towns and communities What do we do between now and personnel; sense of the Senate on pas- that the Senator from North Dakota then? We are going to hear some folks, senger profiling; authority to use cer- talked about which have lost air serv- ‘‘Where’s my money for my airport?’’ tain funds for airport security pro- ice as a result of deregulation. Well, you didn’t pay for it. ‘‘Where is grams and activities; development of I just would like to say now, espe- my help on essential air service?’’ The aviation security liaison agreement; cially since my friend from Kentucky Senator from North Dakota made his regular joint threat assessments; bag- is here, maybe if the three of us and point. gage match report; enhanced security like-minded Senators got together and In the managers’ amendment that programs; report on air cargo; acquisi- just said, ‘‘Look, we’re not going out of will be agreed to shortly, the amend- tion of housing units; protection of vol- session until we do resolve this ticket ment of the Senator from North Da- untarily submitted information; appli- tax issue,’’ remembering that in this kota, as it relates to small airports, es- cation of FAA regulations; sense of the bill, it does call for at some point a sential air service, all those things will Senate regarding funding the Federal commission report to the Commerce be in this bill. He has made a great Aviation Administration; authoriza- Committee, to the Finance Committee, contribution. tion for State-specific safety measures; and then to the floor of the Senate, so I say to my friend from Arizona, I sense of the Senate regarding the air we can fundamentally restructure the know his toughness, I know his ability, ambulance exemption from certain way the financing is done. and I will be glad to follow his lead in Federal excise taxes; FAA safety mis- But until there is that kind of agree- trying to work out something before sion; carriage of candidates in State ment, we are stuck with a ticket tax. I we leave here to extend the ticket tax and local elections; train whistle re- don’t think it is the fairest kind of tax, until such time as a report comes back quirements; limitation on authority of I will tell my friend from North Da- under this bill. That would at least States to regulate gambling devices on kota, and I don’t think he does either. give us something to go on. vessels; commercial space launch and I think people who use the system are But I understand the turf around other germane amendments. the ones who should be paying. Right here. I understand we have jurisdic- AMENDMENT NO. 5360 tions in our committee. I understand now, for example, business jets pay (Purpose: To amend title 49, United States about one-tenth into the system that the smoke and mirrors that are being Code, to reauthorize programs of the Fed- they use. That is wrong. That is not played with the ticket tax. It ought to eral Aviation Administration, and for fair. In all due respect to my friends in go to airlines. It ought to go to FAA. It other purposes) the corporate world, they can afford it. ought to go to safety. It ought to go to Mr. MCCAIN. Mr. President, I send There are significant inequities asso- small airports. But, no, we play Mickey the managers’ amendment to the desk ciated with the ticket tax, but for us to Mouse, and we then turn around and on behalf of Senator PRESSLER, myself, allow the aviation trust fund to be- say, ‘‘Where’s all our help?’’ You just Senator HOLLINGS, Senator FORD, and come depleted to the point where we can’t do it. others. can’t carry out our fundamental obli- So I agree with my friend from Ari- The PRESIDING OFFICER. The gations, in my view, is—the kind of de- zona, and, in particular, my friend clerk will report. scription I would use is inappropriate. from North Dakota. I thank him for his The assistant legislative clerk read I wonder if the Senator from Ken- statement tonight. I believe if those as follows: tucky wants to add a comment on that Senators who didn’t hear his state- The Senator from Arizona [Mr. MCCAIN], before I also respond on the issue of es- ment—their staffs hopefully did—they for Mr. PRESSLER, for himself, Mr. MCCAIN, sential air service, which I think the will have an opportunity to read the Mr. HOLLINGS, Mr. FORD, and Mr. STEVENS, Senator from North Dakota and I have RECORD in the morning to see what the proposes an amendment numbered 5360. been debating going on 7 years, and I Senator said, and he makes sense. Mr. MCCAIN. Mr. President, I ask have no illusion of changing his views There wasn’t anything partisan about unanimous consent that the reading of tonight. his statement. There is nothing par- the amendment be dispensed with. I yield the floor. tisan about the statement of the Sen- The PRESIDING OFFICER. Without Mr. FORD addressed the Chair. ator from North Dakota. He was just objection, it is so ordered. The PRESIDING OFFICER. The Sen- spelling out the facts, and when you (The text of the amendment is print- ator from Kentucky. listen to the facts and you don’t reed in today’s RECORD under ‘‘Amend- Mr. FORD. Mr. President, let me spond, as eloquently as he laid them ments Submitted.’’) thank my friend from North Dakota, out, then I think we have something Mr. MCCAIN. Mr. President, I ask Senator DORGAN. You never know when more than trying to serve our constitu- unanimous consent that the amend- you get up on the floor and make a ency back home permeating this ment be considered as original text for statement about the way you feel—the Chamber. purpose of further amendment. response from the Senator from Ari- I yield the floor. The PRESIDING OFFICER. The Sen- zona, chairman of the Aviation Sub- The PRESIDING OFFICER. Who ator from North Dakota is recognized. committee, is that he agrees with you. seeks recognition? Mr. MCCAIN. Can we get this accept- I agree with you. So now we have Mr. MCCAIN. Mr. President, I am ed first and then return to the Senator three. So when you start out, maybe about to send to the desk a managers’ from North Dakota? you thought you were by yourself, but amendment to the bill. These modifica- The PRESIDING OFFICER. The Sen- you are not. tions concern sections concerning ator’s request with regard to original

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10671 text is approved by the Senate. With- Then they had men and women up ple of days the three of us, conspiring out objection, it is so ordered. and down the row—and many of you in a thoughtful and interesting way, Mr. MCCAIN. We seek adoption of the have seen this in a control tower—in can find a way to solve this problem. managers’ amendment. the dark room with the flow of incom- Mr. President, I yield the floor. The PRESIDING OFFICER. Is there ing traffic and the flow of outgoing Ms. SNOWE. Mr. President, I rise in objection to adoption of the managers’ traffic dealing with that. Then you had support of the managers’ amendment, amendment under the conditions that the folks up on top who were dealing and to express my appreciation to the have been stated? Without objection, with the visual aspects of landings and chairman of the Commerce Committee, the amendment is agreed to. takeoffs and people on the ground. I Senator PRESSLER, for working with The amendment (No. 5360) was agreed will tell you, I watched these people for me to ensure that this bill addresses an to. some while. I was enormously im- important issue facing the Federal Mr. MCCAIN. I thank the Chair. pressed. These are skilled, trained, Aviation Administration [FAA]—the The PRESIDING OFFICER. The Sen- tough professionals who know what issue of safety. ator from North Dakota. they are doing. I came away from that My language in the managers’ Mr. DORGAN. Mr. President, let me not thinking that this is a system with amendment responds to the request finish with a very brief statement. I do a lot of worry about it; I came away made by the Secretary of Transpor- not want people to misunderstand what enormously impressed by the men and tation on June 18, when he called on we are discussing here. This is not my- women who were running that system Congress to: ‘‘* * * change the FAA self or others suggesting that we like a at the Minneapolis-Saint Paul Airport. charter to give it a single primary mis- 10-percent ticket tax because it has the I do not know about all Senators, but I sion: safety and only safety.’’ word ‘‘tax’’ in it. Let me explain ex- know what I saw that day enormously In light of the many safety concerns actly what this is. impressed me. These are very capable that have become public as a result of For some many years we have had a people. the tragic crash of ValuJet flight 592 10-percent tax added to the price of air- Can the system be improved? Yeah, and TWA flight 800, it is important to line tickets for the purpose of funding probably. restate the commitment of Congress a wide range of activities in the Fed- Mr. MCCAIN. Would the Senator and the FAA to ensuring the safety of eral Aviation Administration, the con- yield just for one additional comment I air travel in this country. By address- struction of airports, the purchase of would like to make? ing the issue of the dual and dueling equipment dealing with airline safety, Mr. DORGAN. Certainly. missions of safety and air carrier pro- a whole range of things dealing with Mr. MCCAIN. Now that the managers’ motion, as one reporter so accurately FAA control towers. We have always amendment has been accepted, we con- put it, there will be no room for doubt funded that with this 10-percent tax on tinue to seek any additional amend- in the minds of the traveling public—or tickets. ments that our colleagues may have. the FAA—that safety is its job—first, To decide that there shall not be a 10- The Senator from Rhode Island has, last and always. percent tax on tickets means that after the Senator from North Dakota is The underlying bill includes the there is no funding, or at least the finished with his remarks, an amend- Wyden-Ford amendment, which I sup- major funding for the FAA is not going ment. We will be awaiting or antici- ported in committee, that took an im- to be available. That is why I say it pating any additional amendments, portant step in the direction requested does not make much sense for us to again, reminding my colleagues that by the Secretary. That amendment worry about and talk about the FAA we will be seeking a unanimous con- added the word ‘‘safety’’ to the statute and its functions, the critical functions sent agreement tonight to close out outlining the FAA’s mission on air it performs for passengers in our coun- further amendments so that we will be commerce promotion, and I agree that try, and then to allow the disconnec- able to have votes on pending amend- it is important to reemphasize safety tion of the major revenue source to ments and final passage at 11 o’clock in this area. This still leaves us with a fund the FAA. tomorrow, which is the direction of the dual mandate, however. Not too long ago I asked to tour the leaders on both sides. The Snowe language requires the FAA control tower at the Minneapolis- Mr. President, I yield the floor back Management Advisory Council [MAC], Saint Paul Airport. I have been in tow- to the Senator from North Dakota. created under the bill to provide over- ers before, but I have not been in very Mr. DORGAN. I will finish in 1 sight for management and policy mat- large towers. I have flown an airplane minute. ters to the FAA Administrator, and to myself and called the tower on ap- Let me say this. The men and women review the overall condition of avia- proach, so I know a little about the in that tower in Minneapolis and Saint tion safety and the extent to which the system. But I went up into the tower at Paul who tonight are working that air dual mission of the FAA undermines Minneapolis-Saint Paul because I was traffic control system, and doing it the safety mission. The MAC has 180 curious how they work on approach with great skill, deserve a Congress days to report back to Congress, in control with airplanes coming in and that does right by them. That means conjunction with the FAA, with its going out, on the ground, in the air, reconnecting the revenue source that is recommendations for necessary dealing with thunderstorms, and it was going to fund the FAA functions in this changes in the mission. really quite remarkable to watch. country. I would have preferred to simply The one thing that was interesting to Senator MCCAIN invited that maybe eliminate the mandate, as I did in the me is they had a very large scope in some of us ought to decide this Con- Snowe-Pressler freestanding bill on the middle of this dark room, a very gress ought not adjourn until it re- this issue, S. 1960. But I understand the large round scope. When they pushed a solves that issue. Well, sign me up, concern that development and safety button on that scope, which covered a count me in. Count me in for maximum issues are closely linked in some cases, map of the United States and part of trouble and minimum time. I want to and a review is necessary in order to Canada on that scope, it would light up find any way possible to deny us from determine the most appropriate dis- with about 4,500 white dots, each of going home and not doing right by the tribution of functions between the FAA which represented an airplane at that people who are running that FAA sys- and other agencies within the Depart- moment aloft being tracked by our system who are in those control towers to- ment of Transportation. I believe that tem in the FAA. night. this language provides for a process You could point to any one of these We have an obligation. We have a job that will allow Congress to put to rest dots on that giant screen with a com- to do. All of us understand what it is. concerns that the FAA is not focused puter and you could find out instantly We ought to do it. The American peo- on safety. what airplane that was, what its call ple ought to expect that we do it. I am We cannot expect the FAA to regain signal was, what kind of plane it was, pleased with the support by the Sen- the trust of the traveling public while what direction it was heading, how fast ator from Arizona and the support it maintains its dual mission of both it was going, what altitude it was— from the Senator from Kentucky on ensuring their safety while at the same every single plane on that screen. these issues. I hope in the coming cou- time continuing to promote the growth

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10672 CONGRESSIONAL RECORD — SENATE September 17, 1996 of the carriers. The current mission of serves the north central part of South Transport Association; Aircraft Owners and the FAA places it in the untenable po- Carolina, is experiencing difficulties Pilots Association; and the City of Char- sition of being both the chief enforcer with their grant application due to this lotte’s Aviation Department. and the best friend of the airlines—no interpretation. The Rock Hill Airport One of the key recommendations of this plan was the upgrade of capabilities and one should be asked to perform both is a designated reliever airport to the services offered by the reliever airports serv- roles, and no one can be expected to do growing Charlotte/Douglas Inter- ing the Charlotte area. In fact, an estimated both well. national Airport. In 1991, the FAA pub- savings of $5.6 million per year in 1991 dollars The dual mandate places the FAA in lished a Capacity Enhancement Plan was forecast as a result of reducing demand the position of conflict between the for the Charlotte Airport that rec- at the Charlotte/Douglas International Air- American consumer and the airlines. It ommended upgrading the capabilities port generated by general aviation, business has raised questions about the FAA’s at the reliever airports serving Char- and corporate aviation demand. Much of this actions with regard to moving forward lotte. It was estimated that if the Rock demand at the Charlotte/Douglas Inter- national Airport occurs during critical peri- in a timely fashion on the safety rec- Hill Airport were equipped to handle ods of instrument meteorological conditions ommendations made by the National general and corporate aviation during when reliever airports are simply not Transportation Safety Board; and most bad weather, the Charlotte Airport equipped to serve aircraft in these weather importantly, it has raised questions would save $5.6 million per year. conditions. The resultant involuntary move- about whose side the FAA is really on. Mr. President, I ask unanimous con- ment of general aviation, business and cor- As James Burnett, Jr., former Chair- sent that a copy of a letter from Mr. T. porate aircraft from a reliever airport to a man of the National Transportation J. Orr, Aviation Director of the Char- major commercial service airport hub could Safety Board, said ‘‘It’s as if the FAA lotte Airport, that outlines this situa- not come at a worse time or under worse acts to protect the airline rather than conditions. tion be inserted in the CONGRESSIONAL In recognition of these critical capacity, the consumer until they just can’t RECORD at the conclusion of my re- efficiency and safety issues, the Rock Hill- maintain that position any longer.’’ marks. York County Airport, an FAA designated re- I believe that a review of FAA func- The PRESIDING OFFICER. Without liever airport to the Charlotte/Douglas Inter- tions by the MAC, as required under objection, it is so ordered. national Airport, has applied to the FAA my language, and subsequent action by (See Exhibit 1.) Southern Region for approval and funding of Congress on the MAC’s specific rec- Mr. THURMOND. Pursuant to this an AIP project to upgrade its Runway 02 Lo- ommendations for changes necessary report, the Rock Hill-York County Air- calizer to a full Runway 02 ILS by the addi- to ensure that safety remains the focal port applied to the FAA for a $350,000 tion of a glideslope and related improvements. The benefits of lowering the approach point of the FAA’s mission, will enable airport improvement grant to install minima to Rock Hill Airport, as a result of us to reassure the American public an instrument landing system [ILS]. these improvements, will accrue a substan- that the FAA is looking out for their However, the FAA will not consider the tial benefit to the Charlotte/Douglas Inter- safety at all times. cost savings to Charlotte in the appli- national Airport as promised in the Char- Mr. THURMOND. Mr. President, I am cation submitted by Rock Hill. Fur- lotte/Douglas International Airport Capacity pleased that included in the amend- ther, they base their decision solely on Enhancement Plan. ment offered by the managers is a pro- the number of flight operations cur- Because of Rock Hill’s willingness to fund vision regarding discretionary Airport rently at Rock Hill. a major portion of this project’s capital, de- Improvement Program [AIP] grants to sign and maintenance costs from non-FAA Mr. President, this puts Rock Hill in funding sources, it appears this is a project reliever airports. This language would dilemma. They cannot demonstrate the of excellent value if the FAA considers its clarify one of the factors that the Fed- required number of operations to sat- overall infrastructure benefits. I strongly en- eral Aviation Administration [FAA] isfy the FAA because they do not have dorse this initiative by Rock Hill and would considers in determining grants from an ILS and they cannot get the re- appreciate your help in assisting Rock Hill the discretionary fund. quired number of operations without in obtaining the necessary project approval The AIP provides grants to airports the ILS. While I believe the FAA is and funding on a priority basis. which help insure the safety of air wrong, it appears that legislation is Thank you for your kind consideration of travel in this Country. Seventy-five this matter. needed to correct this problem. I thank Best personal regards, percent of the money distributed annu- the managers for including language in T.J. ORR, ally from the AIP is allocated to pri- their amendment that will force the Aviation Director. mary and reliever airports from the FAA to examine this situation. Mr. CHAFEE addressed the Chair. discretionary grant fund. In deter- EXHIBIT 1 The PRESIDING OFFICER. The Sen- mining whether to make a grant to im- CHARLOTTE/DOUGLAS ator from Rhode Island. prove an airport, the Secretary of INTERNATIONAL AIRPORT, AMENDMENT NO. 5361 Transportation considers three cri- Charlotte, NC, October 10, 1995. teria: First, the capacity of the na- Ms. CAROLYN BLUM, Mr. CHAFEE. Mr. President, I send tional air transportation system; sec- Regional Administrator, Federal Aviation Ad- an amendment to the desk and ask for ond, the costs and benefits of a project; ministration, Southern Region, College its immediate consideration. and third, the financial commitment to Park, GA. The PRESIDING OFFICER. The DEAR MS. BLUM: The Federal Aviation Ad- clerk will report. be made from sources other than the ministration, airport operators, and the Federal Government. The assistant legislative clerk read users of the national air transportation sys- as follows: Mr. President, language included in tem a few years ago initiated Airport Capac- the amendment offered by the man- ity Design Teams to identify, develop and The Senator from Rhode Island [Mr. agers clarifies the second criteria, the evaluate means of reducing delays at high CHAFEE], for himself and Mr. BAUCUS, pro- costs-benefit analysis. Currently, the activity airports, such as Charlotte. Ancil- poses an amendment numbered 5361. FAA does not consider the cost savings lary benefits based upon implementation of a Mr. CHAFEE. Mr. President, I ask to the primary airport in its analysis number of these recommendations have re- unanimous consent that further read- of improvements to the reliever airport sulted in increased air traffic control system ing of the amendment be dispensed safety and efficiency. with. even though they might be cheaper In April of 1991, the Charlotte/Douglas than expenditures to upgrade the pri- International Airport Capacity Enhance- The PRESIDING OFFICER. Without mary airport. In other words, a small ment Plan, completed by the Charlotte Ca- objection, it is so ordered. investment could be made to upgrade pacity Design Team, was published by the The amendment is as follows: capacity at a reliever airport that Federal Aviation Administration. This plan On page 78, line 12, strike ‘‘and aircraft en- would result in very large cost savings was the result of a two year collaborative ef- gine emissions,’’. at the primary airport. However, this fort by a design team which included rep- On page 78, line 19 through 24, strike all of resentatives from: the FAA System Capacity paragraph (C) and insert the following: does not qualify as a positive cost-to- and Requirements Office; the FAA Technical (C) The Administrator, as the Adminis- benefit comparison under the FAA in- Center, Aviation Capacity Branch; the FAA trator deems appropriate, shall provide for terpretation. Southern Region Air Traffic Division, Air- the participation of a representative of the Mr. President, the Rock Hill-York way Facilities Division, Airport District Of- Environmental Protection Agency on such County Airport, a small facility that fice, and the Charlotte Tower; USAir, Air advisory committees or associated working

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10673 groups that advise the Administrator on has written asking that this provision What our amendment does is say, yes, matters related to the environmental effects be removed from the bill because the there should be more cooperation be- of aircraft and aircraft engines. FAA does not have that expertise. tween the FAA and EPA. The EPA Mr. CHAFEE. Mr. President, this Mr. President, I ask unanimous con- should consult with FAA on these mat- amendment is offered on behalf of my- sent that the letter from Secretary ters. self and Senator BAUCUS. Mr. Presi- Pen˜ a be printed in the RECORD at the Now, Mr. President, let me just say dent, what does this amendment do? conclusion of my remarks. the following: I am deeply disturbed by This amendment would remove a provi- The PRESIDING OFFICER. Without the trend that is taking place in con- sion in the bill which gives the Federal objection, it is so ordered. nection with what I believe to be ill-ad- Aviation Administration, which some- (See exhibit 1.) vised efforts to cut back on environ- times is referred to as the FAA, re- Mr. CHAFEE. Mr. President, I will mental regulation. Here is one industry moves the authority given to the FAA read a portion of this letter addressed attempting to be exempted, then an- under this legislation to regulate air to the Honorable LARRY PRESSLER, other, then another. We have a bill pollution emissions from aircraft en- chairman of the Committee on Com- over in the House of Representatives gines. merce, dated September 12, 1996. Page 2 dealing with immigration. What does it This new authority—this is not au- reads: say? You can build a fence to keep out immigrants and you do not have to pay thority that they currently have; this In consideration of the very significant is brand new authority to the FAA. It budget constraints faced by the FAA, I urge any attention to the Endangered Spe- would duplicate authority which is al- the deletion of the new responsibilities that cies Act. But that is not enough. They ready assigned to the Environmental section 631(a)(1) of S. 1994 entitled, ‘‘Aircraft then go on to say pay no attention to Protection Agency under the Clean Air Engine Standards’’ would impose on the the Endangered Species Act and, in- Act. The amendment that Senator agency. If adopted, this section would vest deed, pay no attention to what is responsibility to set aircraft engine emission BAUCUS has joined me on would encour- known as the National Environmental standards with the FAA. Such responsibility Policy Act. In other words, forgo all age greater cooperation between EPA would not only duplicate the responsibility and FAA in this area, but it would pre- environmental regulations while you and authority already vested with the Envi- are building this fence. Build this fence clude the confusion and waste that ronmental Protection Agency [EPA] under would result from two Federal agencies the Clean Air Act, but would also require the in California between Mexico and the charged to do the same job. That is expenditure of substantial resources to de- United States—oh, no, to build any what this legislation does; it sets up velop a level of expertise requisite to envi- fence anywhere in the United States, one more agency to do exactly the ronmental rulemaking that already exists at dealing with immigration, pay no at- same thing that the EPA does now. EPA. tention to the National Environmental Mr. President, we object to giving What is the third reason that this Policy Act. the FAA this authority for three rea- provision should be stricken? If the Mr. President, this Nation was sons. First, there is no need to dupli- provision in the bill has the effect of blessed in the early 1970’s by a series of great Senators, and we know who they cate the authority that the EPA al- forestalling any EPA regulation of air- are. They are Ed Muskie, Jennings ready has. There is no evidence, Mr. craft engines—which probably is the ef- Randolph, Howard Baker, Bob Stafford, President—no evidence—that EPA has fort here, to get EPA out of this—the who in a bipartisan fashion brought abused this authority or that it has result will not be less regulation or less costly regulation. It will merely mean, forward in this Nation tremendous en- overregulated aircraft engines. The vironmental protection laws, and last time EPA issued regulations for and this is important, more regulation for other sources like small businesses whether you are talking the Clean Air aircraft engines was in 1982. Mr. Presi- Act or the Clean Water Act, the Endan- and automobile owners and manufac- dent, that was 14 years ago. So that is gered Species Act, the creation of the turing facilities. hardly a case of overregulation. Environmental Protection Agency or Airplanes emit hydrocarbons and ox- As a practical matter, Mr. President, the National Environmental Protec- ides of nitrogen into the atmosphere the way this system works is that the tion Act, whatever it is, those were the where they combine with the air pol- world’s three major aircraft engine bills that were brought forward. They lutants admitted by thousands of other manufacturers—there are three in the were brought forward because there sources to form what is known as world, Pratt & Whitney, General Elec- was a need for them. tric, and Rolls Royce—comply with smog. The way the Clean Air Act When the Cuyahoga River in Cleve- emissions standards that are set by an works, States must adopt regulations land caught fire, it caught the atten- international body, sometimes referred reducing pollution from targeted tion of the people in the United to as ICAO. That international body’s sources until a safety level for smog States—something is wrong with the regulations cover more pollutants and pollution is attained. In other words, waters of this Nation. So we embarked are more stringent than EPA regula- the States have this responsibility. If on a $60 billion program over the tions. aircraft engines, the airlines, and air course of the years to clean up dis- So, Mr. President, to instruct two transport companies are not required charges from municipalities, and the separate Federal agencies to issue reg- to reduce their pollution, then some- industries, likewise, complied, because ulations on the same subject is to set body else has to do it. It might be the we had regulations. Now we have clean the stage for confusion and conflict and dry cleaner, it might be a small manu- waters. At that time, one-third of the wasted resources, both public and pri- facturing company, it might be a bak- waters of the United States’ lakes, riv- vate. ery. Somebody has to reduce its, his, or ers and streams were fishable and Second, the FAA is in no position to her, emissions, and will probably have swimmable. Now two-thirds of the regulate aircraft engine emissions as to do more and do it at a higher cost lakes, rivers and streams in the United provided in this legislation. The FAA than if an overall look could be taken States of America are fishable and does not have the expertise to know and seen where it can be done most swimmable, and every year that per- which air pollutants adversely affect economically. That might in certain centage increases. So we have been human health or the environment. The instances pertain to aircraft engines. blessed by these laws. FAA does not know how emissions This provision does not reduce regu- I, Mr. President, find it discouraging from aircraft engines fit into the big- lation. It just shifts the burden to and disappointing that constantly ger picture on air quality problems. somebody else, somebody else who is there is an effort to nibble away at In fact, Mr. President, the Commerce not represented by a high-powered lob- those statutes. Here in this one, to re- Committee has received a letter, dated byist that can send letters saying, move the aircraft engine and the Air just 5 days ago, from Secretary Pen˜ a of ‘‘Take EPA out of this.’’ Transport Association’s aircraft from the Department of Transportation ask- Mr. President, for these reasons, Sen- the restrictions that have been applied, ing that this provision, the provision I ator BAUCUS and I are offering this wisely, by the EPA over many years, am referring to, giving the same pow- amendment to remove the provisions and give it to another agency where ers that the EPA has, giving those to creating duplicative regulatory author- they think they will find a much more the FAA in this bill—Secretary Pen˜ a ity and encouraging more cooperation. sympathetic home.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10674 CONGRESSIONAL RECORD — SENATE September 17, 1996 Therefore, Mr. President, I hope we responsibility to set aircraft engine emission on tonight and there will be a few peo- do not turn our backs on those mag- standards with the FAA. Such responsibility ple who will want to speak against nificent achievements that were made would not only duplicate the responsibility your amendment tomorrow. in the early 1970’s and continued since and authority already vested with the Envi- Mr. CHAFEE. Could I ask this, Mr. ronmental Protection Agency (EPA) under President: Is there a time certain set then, whether it is the control of toxic the Clean Air Act, but would also require the waste and the manner in which we dis- expenditure of substantial resources to de- to vote tomorrow on this measure? pose of them, whether it is what we did velop the level of expertise requisite to envi- Mr. FORD. No. in the Clean Air Act in 1991, all of these ronmental rulemaking that already exists at The PRESIDING OFFICER. There is statutes have been for better health EPA. It is our understanding that the Senate not. There is no time certain set for a and a better America. I, Mr. President, will exempt military aircraft from the over- vote tomorrow on this measure. just hope we will not nip, nip, nip away flight user fee proposed in section 673, and we Mr. CHAFEE. It is my understanding at cutting back on these statutes that do not object to that change. since we have not agreed on anything I urge you to move the legislation to the that there is no time agreement. have meant so much to our Nation and floor and through conference expeditiously the health of our people. Mr. FORD. That is correct. The only so that we can assure that FAA has the tools thing I was attempting to do here—if EXHIBIT 1 and resources necessary to meet its vital responsibilities to the American public. We there are other amendments that come THE SECRETARY OF TRANSPORTATION, up, we will set yours aside. Once that Washington, DC, September 12, 1996. look forward to working with you on this Hon. LARRY PRESSLER, important effort, and thank you for your amendment is taken care of, yours will Chairman, Committee on Commerce, Science and continued support of aviation safety and se- come back as the pending business. Technology, U.S. Senate, Washington, DC. curity programs. That is what I am trying to do, because DEAR MR. CHAIRMAN: I have appreciated Sincerely, there will not be a vote tonight. your past support for the important work FEDERICO PEN˜ A. Mr. CHAFEE. That is fair enough. We that the Federal Aviation Administration Mr. CHAFEE. It is my understanding, will work it out tomorrow. (FAA) does to provide the American trav- Mr. President, that there will be set Mr. FORD. Sure, we will. eling public with safe and efficient air trav- aside tomorrow before we vote, 15 min- Mr. CHAFEE. I am perfectly pre- el. I know you agree that a strong, effective pared, and I want to make sure that FAA is absolutely essential for aviation safe- utes, of which Senator BAUCUS would ty in this country. The safety and security of have 10 minutes and I would have 5 the opponents get whatever time they our air transportation system have always minutes. want. Thank you. enjoyed bipartisan support in Congress. Mr. FORD. If it is all right with the Mr. KYL. Mr. President, I rise to It is because of this shared vision that I Senator, I think I have it cleared with comment on the FAA authorization urge you to enact—before Congress ad- my colleague. I ask unanimous consent bill. Although I recognize the necessity journs—the comprehensive FAA reform and this amendment by the Senator from to authorize certain FAA activities, reauthorization legislation contained in S. Rhode Island, Mr. CHAFEE, be set aside such as the Airport Improvement Pro- 1994. Without the timely enactment of this until tomorrow, and that before the gram [AIP], I am concerned with two legislation, it will be considerably more dif- provisions in the bill. I appreciate the ficult for the FAA to meet the safety de- amendment is voted upon, there be 15 mands of the traveling public. minutes of debate, 5 minutes for the hard work that the managers have put This legislation will reauthorize funding Senator from Rhode Island and 10 min- in on this legislation, and I thank them for critical FAA safety, security, air traffic utes for Senator BAUCUS of Montana. for the opportunity to speak on this modernization, and research programs. It Mr. CHAFEE. Mr. President, that is bill. will also reauthorize the airport develop- fine. I support the reauthorization of FAA ment grant program. In the absence of an ex- The PRESIDING OFFICER. Do I un- activities, believing that the managers tension of the airport grant program, FAA’s have succeeded in funding the AIP pro- ability to fund many important airport derstand the Senator’s request that all the time reserved would be for the program at the appropriate level. It is im- projects involving capacity, safety, and secu- portant to many airports and travelers rity will end October 1. ponents of the amendment? around the country that Congress fin- S. 1994 also contains critical provisions to Mr. CHAFEE. I am agreeable. ish its work in this area. For example, help ensure a better way to finance the FAA. Mr. FORD. What I am trying to do is in my home State of Arizona, officials These provisions will help to ensure FAA has give them 15 minutes. That does not from the airports in Phoenix, Chandler, adequate resources in the future, but are preclude me or anybody else from tak- also designed to provide appropriate incen- Glendale, Yuma, and Tucson have con- ing time because they get a minimum tives to users of the air traffic control sys- tacted me in support of the AIP proof 15 minutes tomorrow. tem and ensure that the air traffic control gram. The FAA has projected that the If I want to oppose the amendment I system is used in the most cost-effective number of passengers in the domestic will oppose it and take 30. manner. A bill that does not contain the aviation system will reach 800 million foundation for meaningful financial reform The PRESIDING OFFICER. Is there annually. The American Association of for the agency will undermine the FAA’s objection? ability to meet the safety and security needs Airport Executives and the Airports Mr. CHAFEE. Whatever time we get, Council International-North America of the traveling public, and lessen public perhaps it would be best if it were confidence in our air transportation system. recently completed a comprehensive Congress has already taken critical steps evenly divided. study on the capital needs of U.S. air- in the past year to provide FAA with needed Mr. FORD. Mr. President, I withdraw ports. The study concluded that the acquisitions and personnel reform. It is im- my request. Nation’s airports have capital needs perative that Congress stay the course on Mr. CHAFEE. I make the request, if around $10 billion annually. So I urge these reforms and not tie FAA up once again I could. I think it is fair that the oppo- my colleagues to support the author- with unnecessary red tape that will impact nents get some time. I am not trying ization of the AIP program. the efficiency of the air traffic control sys- to cut anybody out of time. While I support parts of the bill, I tem and delay air traffic modernization ef- Mr. FORD. Mr. President, we will forts. The most significant step is to pass must comment on two provisions meaningful financial reform since these re- just set this amendment aside and take which I believe Congress must be care- forms will be limited without sufficient re- our best hope tomorrow and go. ful in implementing. First, there is a sources and budget flexibility for the agency. Mr. CHAFEE. And reach a time provision that would set up an inde- The lapse of the Airport and Airway Trust agreement tomorrow? pendent task force to study how FAA Fund taxes this year underscores the need to Mr. FORD. That would be fine. I do activities may be funded for many find a long-term, new funding solution for not know how much time in opposition years. I am concerned that the task the FAA. because I have not had much informa- force may be used to implement a user- In consideration of the very significant tion tonight relating to the opposition budget constraints faced by the FAA, I urge fee system. I ask that the chairman the deletion of the new responsibilities that to your amendment. and the ranking member to work with section 631(a)(1) of S. 1994, entitled ‘‘Aircraft I suspect, since you have offered the the task force to ensure that all areas Engine Standards,’’ would impose on the amendment to take it out of the bill, of aviation are heard. Many in my agency. If adopted, this section would vest that there will be a lot of work going State have expressed concern about

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10675 funding FAA activities with a user-fee The PRESIDING OFFICER. Without evant amendments; Dorgan, transpor- system. I believe it could have a nega- objection, it is so ordered. tation; Exon, relevant; Ford, two rel- tive effect on such local airlines as Mr. FORD. Mr. President, we are evant amendments; Graham, relevant; America West and Southwest. Arizona nearing the witching hour of the unani- Harkin, slots; Heflin, Alabama Airport; is also a State with many citizens who mous-consent agreement on the Hollings, relevant; Inouye, relevant; pilot their own planes, and I am ad- amendments that will be considered to- Kerry, relevant; Moseley-Braun, train vised such a system could harm the morrow. I have proposed to my col- whistle, with Wyden; Reid, state-sup- general aviation industry. I support league that even those amendments ported terrorism; Simon, pensions; the current ticket-tax system and I am that we have included in the managers’ Wyden, train whistle, with Moseley- glad that Congress approved its tem- package be listed, in case there might Braun; Wyden, three relevant amend- porary extension as part of the small be some wording change that might be ments. business tax relief bill. needed. If they are not on the list, That completes the list. My second concern is that the parts therefore, it would be difficult, par- The PRESIDING OFFICER. Is there of the bill that address aviation secu- liamentary wise, for them to be accom- objection? rity will not adequately protect us. I modating. I don’t want any of my col- Mr. FORD. Mr. President, reserving know that it is easy to get caught up in leagues not to have the ability to the right to object, and I will not ob- the apprehensions created in the wake change a word or something like that ject. I would like to make a point here. of the crash of TWA flight 800. We all tomorrow. I don’t think we ought to Many of these amendments are in- want to make aviation a safer means of get into a unanimous-consent agree- cluded in the managers’ amendment to transportation, but we must have the ment on changing. Then we get unani- the bill. This is so that there will be no proper priorities. I believe that any mous-consent agreements for addi- problem tomorrow with our colleagues changes to aviation security should tional amendments. Of course, I would coming in and saying we did not get focus on greater intelligence gathering. like to get them cut off tonight if at all the right language or the right words, If the explosion on TWA flight 800 was possible. they are covered under this situation. a bombing, it was a terrorist attack So we will have at least one more If the managers’ amendments are all not on a particular airline but against amendment that will be offered. Then right, we will strike them off. I think our whole country. We must take we are looking at around 8:15, or some- you will find that about two-thirds of strong and concerted steps as a nation where in that neighborhood, for a these will be gone; at least two-thirds to deal with such heinous attacks. A unanimous-consent agreement on the of the relevants will be gone. So when strong intelligence system is the key finite list of amendments for S. 1994. you get right down to how many here. Recently, the Air Transport Asso- Mr. President, I suggest the absence amendments we will have tomorrow, it ciation made several recommendations of a quorum. will be very few. to the White House Commission on The PRESIDING OFFICER (Mr. I hope we can expedite the passage of Aviation Safety, chaired by Vice Presi- CHAFEE). The clerk will call the roll. this legislation. I wanted my col- dent GORE. I would like to make note The legislative clerk proceeded to leagues to be sure that we are trying to of two of ATA’s recommendations. call the roll. protect them, so that they won’t come First, the association told the Gore Mr. MCCAIN. Mr. President, I ask in here tomorrow and say we have done Commission that there must be an in- unanimous consent that the order for something wrong and words were left crease in the amount of funding avail- the quorum call be rescinded. out. able to develop the software necessary The PRESIDING OFFICER. Without I wanted to be sure that everybody for automated passenger profiling— objection, it is so ordered. understood that. And that is one rea- that is, profiling of suspects who may UNANIMOUS-CONSENT AGREEMENT son that the list is so long because we be traveling the airways. ATA member Mr. MCCAIN. Mr. President, I ask have basically taken care of most of airlines, according to the association, unanimous consent that the following them. are committed to the full implementa- amendments be the only first-degree So I thank my friend for what he is tion of automated passenger profiling amendments in order to the pending attempting to do here. I think it is the through their reservations systems. FAA bill, that they be subject to rel- right thing to do. Second, ATA recommended that the evant second-degree amendments, and Mr. President, I do not object. commission should establish strong, following the disposition of the listed The PRESIDING OFFICER. Is there new inter-agency coordination require- amendment, the bill be advanced to objection? ments to ensure the timely, accurate, third reading, and the Senate imme- Without objection, it is so ordered. and comprehensive communication of diately proceed to Calendar No. 588, the Mr. MCCAIN. Mr. President, I suggest detailed intelligence assessment infor- House companion bill, all after the en- the absence of a quorum. mation necessary to permit the in- acting clause be stricken, and the text The PRESIDING OFFICER. The formed participation of the aviation in- of the Senate bill, as amended, be in- clerk will call the roll. dustry in responding to identified serted, and H.R. 3539 be immediately The legislative clerk proceeded to threats. Mr. President, there will be advanced to third reading. call the roll. many antiterrorist initiatives which I The list is as follows: Mr. LAUTENBERG. Mr. President, I believe will help thwart terrorist at- Pressler, relevant; Lott, relevant; ask unanimous consent that the order tacks, such as more advanced detection McCain, relevant; Inhofe, emergency for the quorum call be rescinded. devices and bomb-sniffing dogs. How- revocation; Warner, PFC; Warner, rap- The PRESIDING OFFICER. Without ever, I believe that our priority must idly growing airports; Santorum, rel- objection, it is so ordered. be to develop ways to enhance the evant; Brown, bidding; Brown, rel- Mr. LAUTENBERG. Mr. President, I tracking of those persons already iden- evant; Roth, aviation trust fund spend- rise because I want to support this leg- tified as a threat to the general public. ing; Roth, task force; Roth, user fees; islation to reauthorize many of the I urge the chairman and ranking Roth, committee consultation; Thur- FAA programs and to do what we can member to make note of my concerns, mond, reliever airport criteria; to improve our Nation’s system of and I thank them for the opportunity D’Amato, relevant; Gorton, relevant; aviation security, a subject I have had to discuss the issues. Burns, medical certificates; Domenici, a longtime interest in. I did serve on Mr. FORD. Mr. President, I suggest three relevant amendments; Helms, the Pan Am 103 Commission that re- the absence of a quorum. airports; Simpson, airport safety; Jef- viewed what took place there and was The PRESIDING OFFICER. The fords, pension audits; Nickles/Lott, one of the authors of the recommenda- clerk will call the roll. pensions; Baucus, FAA aircraft emis- tions that were submitted in 1990. The legislative clerk proceeded to sions standards, with Chafee; Breaux, First, I commend my colleague, my call the roll. relevant; Boxer, cruise ships; Bryan, friend from Kentucky, Senator FORD, Mr. FORD. Mr. President, I ask unan- two relevant amendments; Byrd, one and my colleague, the Senator from imous consent that the order for the relevant amendment; Conrad, two rel- Arizona, Mr. MCCAIN, for their work on quorum call be rescinded. evant amendments; Daschle, two rel- this issue. It is not only a critical

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10676 CONGRESSIONAL RECORD — SENATE September 17, 1996 issue, but the timing certainly is crit- trust fund will run out of money next 103 over Lockerbie, Scotland. After ical in terms of some response that we year. that crash, I helped to create, with have to have to what has been taking To some who may be listening, that President Bush’s encouragement and place. Terrorist threats to our aviation would sound like an abstraction—the that of others here, the President’s system as well as our general living in trust fund runs out of money. But if it Commission on Aviation Security and this country certainly call for a re- does run out of money, and if we are Terrorism. I sponsored the Aviation sponse from this body and from our unable to make the improvements that Improvement Act of 1990, with others, colleagues across the Capitol to try to are required, the public can look for- which was enacted into law. There is do something to improve a system that ward to further delays, to further in- no question that, as a result of the is fundamentally pretty good. As a convenience, and to increased costs work done at that time, that security matter of fact, it is very good. substantially for the improvements we was improved. But the world has I could not have faced, as I have in ultimately must make. We cannot let changed. This latest tragedy has fo- the State of New Jersey, people who that happen. I strongly urge my col- cused renewed national attention on lost loved ones on Pan Am 103 in 1988 leagues, especially those who serve on the terrorist threat to American avia- nor those who lost family members, the Finance Committee, to act before friends, loved ones on TWA 800—I was December 31, when the existing tax will tion and to the American traveler. It is in Long Island shortly after that plane expire, to address this problem. a threat that will continue to increase went down. I was out there a couple of I would like to turn for a moment to in scope and sophistication. No one weeks ago with the Secretary of Trans- the provisions in this legislation that here believes that we are doing all we portation, met with the FBI, people are of particular interest to me and on can to fight the ongoing expanding from the NTSB, people from the Bu- which I have worked fairly extensively, threat of terrorism. It has become, for reau of Alcohol, Tobacco and Firearms. and that is aviation security. us, one of the most difficult situations I could not have faced any of the sur- This legislation does not represent a that we as a free society and other free viving families and said to them, be as- comprehensive aviation security plan. democratic countries face. sured; the system is safe. The fact that However, in conjunction with the ongo- The growth of terrorism is an enor- they lost a son, a daughter, a mother, ing efforts of the Gore Commission and mous threat because, not only is it the a father, a brother, a sister, a child is the Aviation Security Advisory Com- work of madmen who, at times, are enough to say the system is not safe mittee, it will help to tighten aviation willing to give their lives or to rec- enough, that regardless of how efficient security at our airports and on our air- ommend that their sons give their lives the system is, it is not efficient or suf- ways. ficient as we see it in our family’s grief When I say it is not a comprehensive to be martyred in some fashion, but and our family’s emptiness. aviation security plan, I do not want the sophistication of the weapons, And so, Mr. President, it is not sim- any misinterpretation to occur. I do bombs in containers the size of a watch ply, although a critical part of the not want to suggest that my colleagues with the impact of TNT—it is an enor- issue, aviation security, safety overall, who brought this bill to the floor have mous threat and it is a threat that we a necessity to bring the system up to been less than diligent. They have have to work ever harder to contain. the capacity the public currently de- been. They have surmounted enormous No aviation security system is fool- mands. The projected figures of growth obstacles to get the bill to this point proof, we know that. But we also know in aviation travel are almost expo- on this night. The provisions in this that we can do much more to deter the nential in terms of the size of the base; bill are needed to enhance the aviation terrorist threat. over 500 million people a year enplane security system, but by themselves TWA 800, like Pan Am 103, was a to go different places from within the they are not sufficient. They are a sig- wake-up call, and we need to respond States and from the United States to nificant beginning. as quickly as we can. Shortly after the other airports—but to make sure that Two months ago today for us here, an TWA crash, I introduced the Aviation not only can they travel safely but effi- eternity for those who lost family Security Act. My bill, S. 2037, would ciently, with airplanes leaving on time, members on TWA flight 800, it hardly enhance security at domestic airports with the investments in the system seems that enough has happened since by instituting a truly comprehensive being made in a timely and business- that airliner was destroyed and fell security system. The legislation calls like fashion to make certain that the into the waters just south of the Long for tightened security to check bag- taxpayers’ money, the travelers’ taxes Island seashore. Still, at this time, or fees are invested in a way that re- with the most diligent effort, pains- gage, cargo and mail, and increase flects serious interest in getting this taking work, having created a record screening, training and job perform- system up to the capacity that is pres- number of dives into the sea of any ance measures for security personnel ently there and ultimately will be de- Navy mission ever undertaken—over at our airports. My bill also requires manded. 2,000 dives were taken to try to pick up that passenger profiles be undertaken Mr. President, this legislation is es- the remnants of TWA 800 off the sea on a routine basis and that state-of- sential to our Nation’s aviation sys- floor—we still have no conclusive evi- the-art explosive detection devices be tem. Importantly, the bill would ex- dence. installed in those airports that have tend the authorization for the Airport But, regardless of what the cause the greatest security risk. Improvement Program, what we affec- was, we know that we have to do some- To address the needs of families of tionately refer to as the AIP. We will thing to improve the safety of the trav- victims and survivors, the bill estab- make some reference to that. Without eling public, even though, as I said ear- lishes an Office of Family Advocate, an that authorization, critical infrastruc- lier, the system is fundamentally very office that would be responsible for de- ture funding for airports will just not safe. When my children or my grand- veloping standards for informing, sup- be available. At the same time, it is children, the members of my family, porting, and counseling the families of important to emphasize that this au- fly, I send them off with full confidence victims of airline disasters. thorization is not sufficient, as I said that the system is working well. And, earlier, to keep up with our Nation’s Lord grant us, I hope that always Finally, I suggested the increased se- airport needs. proves to be the case. But we can al- curity measures be funded by a fee of In addition to enacting an authoriza- ways make it a notch safer. not more than $4 per round trip ticket, tion bill, the aviation trust fund needs Unfortunately, the definitive proofs a figure that was recommended by to be adequately financed and the ex- may lie yet on the ocean floor. It still those responsible for aviation security penditures to be replenished, and that appears that terrorism is the likely working in the Department of Trans- is going to require either an extension cause of the disaster, but we dare not portation. It was believed that, with of the existing ticket tax, as we heard draw conclusions until the evidence is that investment and other sources of from our colleague from North Dakota clearly at hand. revenue, we could do a lot more to pre- some moments ago, and we heard from The crash of TWA flight 800 reminded serve the safety of our airplanes and to the two managers of the bill, or some me of a similar tragedy almost 8 years deter the threat of a terrorist attack. I other financing mechanism. Otherwise, ago. I have exceptionally vivid memo- am pleased that many of the ideas con- even if the bill before us is enacted, the ries of the downing of Pan Am flight tained in my legislation have already

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10677 been adopted by the administration Gore Commission recommended a pilot morrow. If we cannot get these amend- and are included in recommended rules program to ensure that checked bag- ments resolved and taken care of with- and regulations. Shortly after the TWA gage is matched with passengers who in an hour or so, the bill will be pulled. crash, President Clinton established actually board the plane. We will need I think that would be a terrible thing the White House Commission on Avia- to know the results of these initiatives to happen, given the absolute urgency tion Safety and Security. That com- so Congress can evaluate the need to do of this legislation, not only funding the mission, now known as the Gore Com- more. aviation system but many of the issues mission, worked with the already-es- One thing we do know. The Nation’s that the Senator from New Jersey pro- tablished Aviation Security Advisory aviation system is in need of change, in pounded. Committee to develop a plan to meet need of improvement. We have waited So we are trying to get the amend- the challenges posed by the prolifera- too long to implement the reforms. ments disposed of as quickly as pos- tion of terrorist groups. This legislation makes an important sible, and after 11 tomorrow, when all The Gore Commission issued its rec- contribution to that effort. amendments are going to need to be ommendations last week, and the Mr. President, our work cannot stop filed, if the unanimous consent request President moved immediately to im- there. We need to ensure that all prom- is agreed to, we do not anticipate being plement them. They are a good first ised reforms are appropriately imple- on the bill more than an hour or so. step toward strengthening aviation se- mented and in the spirit in which they Mr. SIMON. I would like to accom- curity. The bill before us includes were intended. modate the Senator from Arizona. So many of the commission’s rec- So I express my appreciation, once your preference would be that I go ommendations. I am pleased that the again, to Senator HOLLINGS, Senator ahead with this amendment this legislation was worked out in a cooper- FORD, Senator PRESSLER, Senator evening? ative, positive, bipartisan manner, and MCCAIN, and Senator HUTCHISON for Mr. McCAIN. That would be my pref- that is as it should be when it comes to their cooperation on this legislation. erence. something as important as keeping our I also thank the many aviation secu- Mr. SIMON. I have no objection. airlines and our people safe. rity advocates, the families of the vic- Mr. McCAIN. If the Senator from Illi- This bill directs the FAA to begin de- tims of airline disasters, airports, air nois would show his usual courtesy ploying state-of-the-art explosive de- carriers and many others to implement which he is known for throughout this tection devices, ensuring that the fly- sound and secure reforms. body, I would very much appreciate it. ing public is protected by the most It is obvious, Mr. President, this leg- The PRESIDING OFFICER. Is there technologically advanced system. It islation will not solve all of our prob- objection? also requires that personnel who oper- lems. However, as I earlier mentioned, Mr. WARNER addressed the Chair. ate security screeners be subjected to this is an important step that will The PRESIDING OFFICER. The Sen- background checks, as are most other make our skies safer for the public, ator from Virginia. airport security employees. It requires make a meaningful contribution in our Mr. WARNER. Mr. President, would that the NTSB and the FAA begin de- battle against terrorism, and will indi- it be in order for the managers to re- veloping a ‘‘right to know’’ program cate to the public that the U.S. Gov- ceive the amendment of the Senator which would let consumers know about ernment is interested in what I will from Virginia? the airlines’ accident and safety call their plight, their concerns, their Mr. MCCAIN. All amendments listed records. The bill also directs the FAA anxiety. We have to put those to rest, must be filed. to continue working with the airlines and the best way to do it is to do some- Mr. WARNER. That is correct. I am in developing programs identifying thing about it, as we are with the bill prepared briefly to handle two amend- high-risk passengers and high-risk des- before us. ments, I say to my distinguished col- tinations. Mr. McCAIN addressed the Chair. league. In addition, this legislation recog- The PRESIDING OFFICER. The Sen- Mr. MCCAIN. I say to the Senator nizes that aviation security needs are ator from Arizona. from Virginia, I appreciate that, but constantly evolving. The best laid Mr. McCAIN. Mr. President, I thank that would not affect this unanimous- plans are worthless if they are not im- the Senator from New Jersey, Senator consent agreement. plemented in a timely fashion and LAUTENBERG, for his work on this bill, Mr. WARNER. I did not mean to in- monitored regularly. The bill requires along with Senator HUTCHISON. He is terrupt. I did not realize we had not that each airport and each air carrier one who is very knowledgeable on avia- achieved it. conduct vulnerability assessments on tion issues and has been involved for Mr. FORD. Reserving the right to ob- their own, or comprehensive self-audits many years. ject, Mr. President, I regret I have to of their entire security systems. These I express the appreciation of all of us do this. We have a call in, in fact two assessments will enable both the air- who have been involved in this legisla- of them. I will have to object to the port and the air carriers to know their tion for Senator LAUTENBERG and the unanimous-consent request at this own systems and their weaknesses and efforts he made which dramatically im- time, and I will have to get on the will encourage them to make the need- proved this legislation. phone to see if I can straighten this ed changes over time. Mr. President, I ask unanimous con- out. Because terrorists look for cracks in sent that all relevant amendments be Mr. MCCAIN. Very briefly, I ask my the security systems, the bill would re- filed by 11 o’clock tomorrow morning. colleagues, especially the objections quire the FAA to stay one step ahead The PRESIDING OFFICER. Is there that just came in, I do not believe that by finding those breaches first. Under objection? it is unreasonable to ask the amend- the bill, the FAA could conduct peri- Mr. SIMON. Reserving the right to ments be filed by 11 o’clock tomorrow. odic, unannounced, and sometimes object. I hope that we can resolve those objec- anonymous tests of airport and air car- The PRESIDING OFFICER. The Sen- tions. It is agreed to on both sides that riers’ security systems. This would ator from Illinois. we need to get this legislation passed. keep the airports and air carriers on Mr. SIMON. Mr. President, just so I I hope that the Senator from Kentucky their toes and provide the oversight understand the procedure, does that can use his usual powers of persuasion needed. mean we will not go through the and get this resolved so that I can pro- Both of these provisions were ad- amendments this evening necessarily? pound, again, this unanimous-consent dressed in the bill I introduced in Au- Mr. McCAIN. We will try to dispense request, and we can get it accom- gust. Other provisions of the bill re- of as many amendments as we can this plished tonight. Until such time as quire the administration to issue re- evening. What I was going to say, after that, I yield the floor. ports to Congress on their implementa- gaining a unanimous-consent agree- Mr. WARNER addressed the Chair. tion of a number of the Gore Commis- ment, is that the majority leader and The PRESIDING OFFICER. The Sen- sion’s recommendations. For example, the Democratic leader have said that ator from Virginia. the President ordered heightened secu- they won’t spend more than an hour or Mr. WARNER. Mr. President, I thank rity measures for air cargo, and the so additional time after 11 o’clock to- the distinguished Senator from Arizona

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10678 CONGRESSIONAL RECORD — SENATE September 17, 1996 and the Senator from Kentucky. I will of that—the date when construction of There is a second amendment pending. proceed with two amendments. I have an otherwise eligible PFC project was I urge its adoption. I presume it is ac- discussed this with the managers, and begun and should not adversely affect ceptable to the managers. we are prepared to handle both. Before any other airport in the United States. The PRESIDING OFFICER. Is there doing so, I noted that our distinguished I have discussed this with the man- further debate? If not, without objec- colleague from Arizona recognized the agers, and I rely on the judgment of tion, the amendment is agreed to. Senator from Illinois and made specific both managers that this matter will be The amendment (No. 5363) was agreed mention of his reputation in the Sen- addressed with fairness and objectivity to. ate for courtesy. We shall dearly miss in the conference. And at the specific Mr. WARNER. Mr. President, I move him when he departs because, indeed, request of the managers, and to accom- to reconsider the vote by which the he is an example of senatorial cour- modate this with the understanding amendment was agreed to. tesy. this will be addressed in conference, Mr. McCAIN. I move to lay that mo- Mr. President, I ask at this time that tion on the table. AMENDMENT NO. 5362 The motion to lay on the table was the amendment be withdrawn. (Purpose: To provide for the use of passenger agreed to. facility fees for a debt financing project) The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I would Mr. WARNER. Mr. President, I send objection, it is so ordered. like to engage the Senate for just a few The amendment (No. 5362) was with- to the desk an amendment and ask for more minutes with regard to a second its immediate consideration. drawn. matter. The PRESIDING OFFICER. The AMENDMENT NO. 5363 Mr. President, I have been involved clerk will report. (Purpose: To provide for additional consider- for many years in seeking to devise a The legislative clerk read as follows: ations for the selection of projects for legislative solution to the constitu- grants from the discretionary fund) The Senator from Virginia [Mr. WARNER] tional issues that exist due to the deci- proposes an amendment numbered 5362. Mr. WARNER. Mr. President, I send a sions of the Congressional Board of Re- second amendment to the desk and ask Mr. WARNER. Mr. President, I ask view, as that board has jurisdiction for its immediate consideration. unanimous consent that the reading of over Dulles and National airports. The PRESIDING OFFICER. The the amendment be dispensed with. Mr. President, the Senate may recall clerk will report. The PRESIDING OFFICER. Without that many years ago I introduced a The legislative clerk read as follows: objection, it is so ordered. bill, together with my then-colleague The amendment is as follows: The Senator from Virginia [Mr. WARNER] from Virginia, Senator Trible, by proposes an amendment numbered 5363. On page 8, strike lines 14 through 17 and in- which these airports became subject to sert the following: Mr. WARNER. Mr. President, I ask this particular board of review. It en- paragraph (D); and unanimous consent that the reading of abled these airports then to begin to ‘‘(B) by striking subparagraph (F) and in- the amendment be dispensed with. proceed to get the needed dollars and serting the following: The PRESIDING OFFICER. Without financing to modernize both Dulles ‘‘ ‘(F) for debt financing of a terminal de- objection, it is so ordered. International and Washington National velopment project that, on an annual basis, The amendment is as follows: Airports. has a total number of enplanements that is This amendment, S. 1994, the Federal less than or equal to 0.05 percent of the total On page 10, line 23, strike ‘‘(4)’’ and insert enplanements in the United States if— ‘‘(5)’’. Aviation Reauthorization Act of 1996, ‘‘ ‘(i) construction for the project com- On page 11, line 4, strike ‘‘and’;’’. which is almost identical to S. 288, as menced during the period beginning on No- On page 11, between lines 4 and 5, insert reported out of the Senate Committee vember 6, 1988, and ending on November 4, the following: on Commerce, Science, and Transpor- 1990; and ‘‘(4) any increase in the number of pas- tation, provides a necessary cure to a senger boardings in the preceding 12-month ‘‘ ‘(ii) the eligible agency certifies that no constitutional deficiency, as defined by other eligible airport project that affects air- period at the airport at which the project will be carried out, with priority consider- the Federal courts, in the structure of port safety, security, or capacity will be de- the Airports Authority. The Airports ferred as a result of the debt financing.’’’. ation to be given to projects at airports at which, during that period, the number of Authority is involved in the operations Mr. WARNER. Mr. President, I rise passenger boardings was 20 percent or great- and improvements of our two airports today in support of a provision con- er than the number of such boardings during that serve the Nation’s Capital and the tained in the House-passed Federal the 12-month period preceding that period; Washington region, again, Washington Aviation Administration Reauthoriza- and;’’ National and Washington Dulles Inter- tion Act which would make a very nar- Mr. WARNER. Mr. President, I fur- national. row change, referred to as a PFC; that ther thank my colleagues for the inclu- In April 1994, the Court of Appeals for is passenger facility charge. This is a sion of this amendment for high- the District of Columbia Circuit found measure put in the House legislation growth airports. These are the com- that the Board of Review, made up of by my distinguished colleague and per- mercial airports which logically would current and former Senators and Mem- sonal friend, Congressman BLILEY. Con- be experiencing infrastructure and fa- bers of Congress, violated constitu- gressman BLILEY, as we know, is chair- cilities problems as a result of their tional separation of powers principles. man of the House Committee on Com- rapid growth, making the adoption of This was the second time the Federal merce. I join him in this effort. this amendment, I think, in the inter- courts struck down the Board of Re- This provision would allow a nonhub est of all parties. view, which was designed to represent airport in my State, Charlottesville— At this time, I urge the adoption. users of the airports and to preserve that is Albemarle—to be eligible to use Mr. McCAIN. Mr. President, the man- some Federal control over them. its own PFC passenger facility charge agers of the bill—and I have discussed The Court of Appeals stayed its deci- authority for debt service associated this with Senator FORD—have no objec- sion until the Supreme Court had time with its passenger terminal project. tion and we appreciate, by the way, to consider the issue. The Supreme They just completed a very fine mod- Senator WARNER’s agreement to with- Court decided not to hear the case in ernization program. draw his previous amendment, given January, and the stay expired March The FAA’s PFC regulations have al- the fact that it would have been some- 31, 1995. ways allowed eligible projects to be re- what controversial. I do assure him At this juncture, all Congress is re- financed with PFC dollars after—after, that proposal of his will be treated quired to do to keep the airports in op- Mr. President—they have been com- with utmost concern and scrutiny in eration is to pass this legislation. Such pleted, provided only that the notice to the conference. continued uninterrupted operations are proceed with construction was given We have no objection to the amend- essential to the travel requirements of after November 5, 1990. These are high- ment, Mr. President, and I yield the Members of Congress as well as all peo- ly technical provisions. floor. ple in the greater metropolitan Wash- The House bill has the Bliley provi- Mr. WARNER. Mr. President, if I ington area. It is essential to the econ- sion which relates only to the date— might ask my colleague, I thank him omy of this area, Mr. President; and, and I urge my colleagues to take note very much for the first amendment. therefore, I am pleased to submit this.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10679 We are at a point in the current and formula to protect small airports if S. 1994 also will help promote and projected operations of Washington Na- AIP funds decline. maintain some of our smallest airports tional Airport and Washington Dulles Mr. President, this bill also requires which are critical to adequate air serv- International Airport whereby if we do a study be prepared on air fares to ice in small cities. The AIP program not act promptly, the Airports Author- rural and small communities. The has been under significant budget pres- ity board of directors will lose its price of flying to and from some of sure. The amount of AIP appropria- power to take basic critical actions, in- these small airports are just astro- tions have fallen significantly since cluding, most importantly, Mr. Presi- nomically high. For example, if you 1992, and our small airports have shoul- dent, the ability to award contracts, travel from Rapid City to Denver, and dered the unfair, disproportionate bur- issue more bonds—that is the financing then go on to your destination, your den of these budget cuts. Since AIP structure—amend its regulations, flight from Rapid City to Denver may funds are often the only source of fund- change its master plans or adopt an an- be the most expensive part of your trip. ing for repairs and safety improve- nual budget. In other words, it really is Throughout my State I hear comments at small airports, our small air- brought to an end in its operations. plaints about the cost of airline travel. ports have suffered significantly as a And this is not the intention of the In some cases, it can cost as much to result. Congress. get to the hub airport as it does to fly I am pleased that this bill will cor- For this reason, I find it necessary to from the hub to London. I believe this rect this problem. We worked long and offer this amendment today, despite study will be very helpful in assisting hard on this formula. The bill ensures my own personal objections—I must Congress in its understanding of what that if AIP funding declines, our small say on behalf of myself and my distin- is going on with the cost of air travel airports will be protected and will con- guished Governor, George Allen—to the to and from small communities. tinue to receive their historic share of addition of two new Federal appointees This bill will also improve aviation AIP funds. This is good policy. It is fair to the Metropolitan Washington Air- security in our small cities without un- policy. And it is very important to ports Authority to keep our Wash- fairly imposing burdens and expensive small city air service. ington National and Dulles Inter- requirements on small airports and In addition to expanding the EAS national operational and functional. small airlines. program, and protecting the AIP fund- Mr. President, I thank my colleagues Let me briefly address each of these ing of our small airports, S. 1994 will for the inclusion, and acceptance by benefits for small community air serv- require a study of air fares to small the managers, of this amendment in S. ice. communities. This is very welcome 1994, the pending measure. Mr. Presi- In 1978, Congress recognized that all news for South Dakotans and other small city passengers who unfairly pay dent, I thank again the managers, and cities would not participate equally in exorbitant air fares. We need more air yield the floor. the benefits of airline deregulation. In service competition in small city air Mr. PRESSLER addressed the Chair. fact, Congress realized some of our The PRESIDING OFFICER. The Sen- smallest cities might lose air service markets. Hopefully, in addition to ator from South Dakota. altogether. To address this threat, Con- highlighting the extent of the high air Mr. PRESSLER. Mr. President, I gress wisely put in place the EAS pro- fare problems in small communities, would like to make a few comments on gram to ensure our smallest cities this study will offer new insights on this piece of legislation, the Federal would continue to have air service. how air service competition in small Aviation Administration Reauthoriza- Without such service, communities communities can be enhanced. Finally, S. 1994 resisted the tempta- tion Act of 1996, which I introduced. I such as Brookings, Mitchell, and tion to impose expensive security believe it represents a solid legislative Yankton in my home State, would be measures on our small airports and accomplishment for this Congress and virtually cut off from the national air small communities. In contrast, the for air service to small cities, such as service network. It is very important to these smaller House recently passed a provision those located in my home State of based on the erroneous premise that towns that they be a part of the na- South Dakota. one size fits all in aviation security. This bill, which I commend the lead- tional air service network. With air The Senate, however, correctly recog- service as well as telecommunications ership on both sides of the aisle for who nized there are thoughtful ways to en- capability, small communities can have worked on it, must pass the Con- sure travelers to and from small cities grow and be dynamic contributors to gress before the end of this session. have the same level of safety and secu- our national economy. In fact, with the Otherwise, we will not be able to pro- rity without imposing the identical, advances in telecommunications, vide Airport Improvement Program expensive security measures required smaller cities are now on an equal foot- [AIP] grants to our airports across the for international airlines and major ing with bigger cities in terms of at- country. hub airports. The bill will more than double the tracting industry. Small hospitals can A one size fits all approach to avia- size of the Essential Air Service [EAS] do as sophisticated procedures as big tion security undoubtedly would lead program to $50 million per year. That hospitals by using telecommuni- to a further deterioration of small city will directly help cities, such as cations; and smaller universities can air service. I am pleased S. 1994 will im- Yankton, Mitchell, and Brookings in share in research projects with larger prove aviation security for small city my State. The EAS program was the universities. Telecommunications ca- travelers without having the unin- result of an agreement when we de- pability alone, however, is not enough. tended consequence of driving air serv- regulated the airline industry and Con- It is critical that small cities also have ice out of some of our smaller cities. gress wanted to ensure our smaller cit- reliable and affordable air service. And Mr. President, let me make some ad- ies did not lose air service altogether. that is what this is all about. Make no ditional general observations about air It also will protect small airports and mistake about it, the EAS program— service. Somehow all this gets tied to- the way AIP funds are allocated. Let us since it ensures air service to our gether. remember that we depend heavily on smallest and most underserved cities— We have on the international front our major airport hubs, but we also de- is absolutely critical to the economic this past year had great struggles in pend on a lot of smaller cities to feed vitality of many small communities. helping our major airlines fly beyond passengers into those hubs to make our Mr. President, I am delighted that Tokyo by ensuring the Government of national air system work. And it is not this bill, S. 1994, will more than double Japan recognizes their beyond rights. just in South Dakota, it is also in Cali- the size of the EAS program. The $50 Similarly, our major carriers continue fornia—Fresno or Sacramento—or up- million EAS program this bill would to be blocked out of serving London’s state New York. create will safeguard air service in Heathrow Airport and points beyond We must remember that small cities some small communities and permit an the United Kingdom. We did, however, such as Aberdeen, South Dakota, which expansion of flights in others. It is a secure a truly historic open skies recently received a grant to repair its solid legislative accomplishment for agreement with Germany which is main runway, and others depend heav- economic development in numerous great news for the United States econ- ily on AIP funds. This bill has a fairer small communities. omy and our carriers. The United

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10680 CONGRESSIONAL RECORD — SENATE September 17, 1996 States/German open skies agreement problems between Sioux Falls and timony from the National Transpor- will put competitive pressure on the Rapid City where I would like help, and tation Safety Board, and its Chairman United Kingdom and France and ulti- I have problems between Huron and Jim Hall, who is doing an outstanding mately should help to force both coun- Denver and problems between Yankton job. tries to agree to open skies accords in and Minneapolis,’’ and so forth. The The point I am making is that all the future. We must continue to put more successful our carriers are in lu- these problems of aviation —inter- competitive pressure on the British crative international markets, the bet- national, national, and local—tie to- and the French by fully utilizing our ter able they are to serve less profit- gether. We have a very challenging sit- liberalized aviation agreement with able small city air service markets. uation to meet the aviation needs of Germany. The international picture is tied into our country both locally, nationally Let me underscore my great concern the local picture in our country. and internationally. This bill before with the current impasse in our avia- As far as the national air service pic- the Senate which reauthorizes the FAA tion relations with Japan. The Japa- ture in this country is concerned, we is a step forward. It is a good bill. It nese continue to wrongly block our have only built one new airport since has been worked out carefully and in a carriers from serving the United 1974—Denver International Airport. bipartisan manner. It is a key part of States/Asia air service market via Even that airport is struggling to com- that big picture that I covered so brief- Japan. This continues to be a signifi- plete all of its planned runways. Capac- ly here. I am proud to have worked cant problem for Jerry Greenwald of ity in many airports is nearly full. Re- with Senators MCCAIN, FORD, STEVENS United Airlines and Fred Smith of Fed- grettably, a lack of airport capacity is and many others. I am glad to enthu- eral Express. It also is a major problem a barrier to entry for new airlines. siastically support this bill and urge for Northwest Airlines, the largest car- There are only so many slots and so my colleagues to do so as well. rier in South Dakota. I have led efforts many gates at our airports. Chicago I yield the floor. by the Commerce Committee to help has tried to build a new airport but be- AMENDMENT NO. 5364 correct this totally unacceptable situa- cause of environmental concerns, (Purpose: To amend the Employee Retire- tion. Along with my colleagues, we neighborhood concerns, and noise con- ment Income Security Act of 1974 with re- have sent letters to the President urg- cerns it has almost given up. Min- spect to the auditing of employee benefit ing that the Administration stand firm neapolis-St. Paul thought about build- plans) in our aviation dispute with the Japa- ing a new airport but got so much local Mr. SIMON. Mr. President, I offer an nese and accept nothing less than fair resistance that they have given up. amendment on behalf of Senator JEF- treatment for our carriers in the area The point is our airports are crowd- FORDS and myself. of aviation trade. ed. They are pressing up against their The PRESIDING OFFICER. The I intend to continue pressing for fair capacity. It is true advanced air traffic clerk will report. aviation trade with the Japanese. The control technology will help move The legislative clerk read as follows: United States/Asia air service market, commercial airliners more efficiently The Senator from Illinois [Mr. SIMON] for as well as the intra-Asian air service from point to point. However, airplanes himself and Mr. JEFFORDS proposes an amendment numbered 5364. market, is far too valuable to concede need adequate runway capacity. Also, to Japanese carriers. It is vitally im- airplanes need adequate access to Mr. SIMON. Mr. President, I ask portant to our balance of trade that gates. Without either, the benefit of air unanimous consent reading of the our airlines can use Japanese airports traffic control improvements will be amendment be dispensed with. The PRESIDING OFFICER. Without to serve countries throughout Asia lessened. The point is we have to make objection, it is so ordered. such as China, Indonesia and Malaysia. some decisions in our country about The amendment is as follows: Make no mistake about it, inter- building infrastructure or we will have At the appropriate place in the bill, insert national aviation is an important com- our airlines in a stalemate and not the following new section: ponent of U.S. trade. Our negotiators being able to expand. Significantly, SEC. . PROVISIONS RELATING TO LIMITED must continue to treat it as nothing newer competitive entrants will be SCOPE AUDIT. less. It is completely unacceptable that blocked out of markets and consumers (a) IN GENERAL.—Subparagraph (C) of sec- our carriers, both passenger and cargo, will be deprived of the benefits vig- tion 103(a)(3) of the Employee Retirement In- continue to be blocked out of lucrative orous air service competition brings. come Security Act of 1974 (29 U.S.C. air service markets beyond Japan and Our airport capacity challenges are 1023(a)(3)(C)) is amended by adding at the end the following new clause: the United Kingdom by unfair trade not going to go away. In fact, they ‘‘(ii) If an accountant is offering his opin- practices. clearly will escalate as more and more ion under this section in the case of an em- Even when our large airlines are op- people fly. Currently, more than 1.5 ployee pension benefit plan, the accountant erating thousands of miles away from million people board commercial air- shall, to the extent consistent with generally the United States, their ability to suc- planes in the United States each and accepted auditing standards, rely on the cessfully compete abroad has an indi- every day. Within the next four years, work of any independent public accountant rect impact on their financial ability the number of daily boardings is fore- of any bank or similar institution or insur- to serve some domestic markets. In cast to climb to almost 2 million. We ance carrier regulated and supervised and subject to periodic investigation by a State fact, large and small airlines work syn- cannot ignore our airport infrastruc- or Federal agency that holds assets or proc- ergistically to provide air service ture challenges. We should meet our esses transactions of the employee pension through code-sharing agreements. For long-term transportation infrastruc- benefit plan.’’ instance, I have had an excellent expe- ture challenges head-on. (b) CONFORMING AMENDMENTS.— rience with Doug Voss of Great Lakes Airport capacity is but one of many (1) Section 103(a)(3)(A) of such Act (29 Aviation which is a key regional car- challenges. Aviation is another criti- U.S.C. 1023(a)(3)(A)) is amended by striking cally important challenge. Our people ‘‘subparagraph (C)’’ and inserting ‘‘subpara- rier in my home state of South Dakota. graph (C)(i)’’. Great Lakes operates as United Ex- expect the finest aviation safety sys- (2) Section 103(a)(3)(C) of such Act (29 press in South Dakota and the success tem in the world. I am committed to U.S.C. 1023(a)(3)(C)) is amended by striking of United abroad has a bearing on the working to ensure our travelling public ‘‘(C) The’’ and inserting ‘‘(C)(i) In the case of service United Express can provide in receives nothing less than that. Cur- an employee benefit plan other than an em- small city air service markets such as rently, I serve as a representative to ployee pension benefit plan, the’’. the route between Sioux Falls and the Gore Commission on Aviation Safe- (c) EFFECTIVE DATE.—The amendments ty and Security. As Chairman of the made by this section shall apply with respect Rapid City in my state. to opinions required under section I have had discussions with airline Commerce Committee, I have held nu- 103(a)(3)(A) of the Employee Retirement In- executives where they say, ‘‘Senator merous safety oversight hearings this come Security Act of 1974 for plan years be- PRESSLER, as chairman of the Com- Congress. In fact, we held a closed ginning on or after January 1 of the calendar merce Committee, can you help us gain hearing on aviation security just this year following the date of the enactment of access to Heathrow or assist us with morning which included FAA Adminis- this Act. our beyond Tokyo problem?’’ And I trator David Hinson. In the past, on Mr. SIMON. It will be a great dis- say, ‘‘Yes, I will try to help but I have numerous occasions we have heard tes- appointment but I will only speak

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10681 about 5 minutes on this amendment. I Mr. McCAIN. Mr. President, at this MORNING BUSINESS offer this amendment on behalf of Sen- time, I ask unanimous consent that all Mr. McCAIN. Mr. President, I ask ator JEFFORDS and myself, an amend- amendments that are on the list sub- unanimous consent that there now be a ment that does not have anything to do mitted earlier under a unanimous-con- period for the transaction of morning with aviation, but we need a vehicle on sent agreement be filed by 11 o’clock business with Senators permitted to a bill that is eminently sound and is tomorrow. speak therein for up to 5 minutes each. really needed. Mr. President, before you rule on The PRESIDING OFFICER. Without Mr. President, we have right now $3 that, I want to point out that that does objection, it is so ordered. trillion worth of pension funds that are not preclude extended debate. There f backed by ERISA. Of those $3 trillion, are no time limits involved in that. It better than $2 billion, almost $2.1 bil- simply requires that the amendments HONORING THE EKENS ON THEIR lion, are adequately audited. on the list be filed by the hour of 11 50TH WEDDING ANNIVERSARY The GAO and the inspector general of a.m. tomorrow morning. Mr. ASHCROFT. Madam President, the Department of Labor say that we The PRESIDING OFFICER. Without families are the cornerstone of Amer- should do away with what is called the objection, it is so ordered. ica. The data are undeniable: Individ- Mr. McCAIN. Mr. President, again, I limited scope audit. Now, what is a uals from strong families contribute to remind my colleagues that there are limited scope audit? A limited scope the society. In an era when nearly half still a number of these amendments on audit permits a bank or an insurance of all couples married today will see the list. I believe that a large number company simply to sign a statement to their union dissolve into divorce, I be- of them have been taken care of in the a pension fund, saying we have $300 lieve it is both instructive and impor- managers’ amendment. But both the million in assets, period. This bill does tant to honor those who have taken the majority leader and the Democratic away with that because we have $950 commitment of till death do us part se- leader have stated that we won’t stay billion worth of taxpayer funds at risk riously, demonstrating successfully the if we do not modify this. That is what on this bill more than an hour or so in order to dispense with it and get final timeless principles of love, honor, and GAO tells us and this bill is what GAO fidelity. These characteristics make has recommended. passage. I want to also thank, again, my dear our country strong. Let me just add, this does not require friend from Kentucky for all of his help For these important reasons, I rise the pension fund to go in an audit. I as- tonight, and, hopefully, he and I will be today to honor Truman and Dorothy sume a bank or an insurance company able to conclude this legislation tomor- Eken of Sedalia, MO, who on August 25, will have their own auditor. This sim- row at a very early time. 1996 celebrated their 50th wedding anni- ply says we need an audit report, not Mr. FORD. Mr. President, I am glad versary. My wife, Janet, and I look for- simply a one-line statement saying to cooperate with my friend in getting ward to the day we can celebrate a that they have so many million dollars any kind of objections to his unani- similar milestone. Truman and in assets. mous-consent agreement worked out. I Dorothy’s commitment to the prin- Let me just read one section here: ‘‘If think we are at a position where, if we ciples and values of their marriage de- an accountant is offering his opinion just sit down and be reasonable tomor- serves to be saluted and recognized. under this section in the case of an em- row, we can move very quickly. I hope f ployee pension benefit plan, the ac- that the majority leader will not enter- THE VERY BAD DEBT BOXSCORE countant shall, to the extent contain the notion to pull this bill down if sistent with generally accepted audit- we can’t finish it in an hour or so to- Mr. HELMS. Mr. President, at the ing standards, rely on the work of any morrow. I think there is too much in close of business yesterday, Monday, independent public accountant of any this bill, and we have worked too hard September 16, the Federal debt stood at bank or similar institution or insur- and come too far for that even to be $5,217,327,143,659.08. ance carrier regulated and supervised considered. Five years ago, September 16, 1991, and subject to periodic’’—and so forth. I hope that we can go ahead and the Federal debt stood at So we permit those institutions to move this bill and move it expedi- $3,624,324,000,000. use their own audits. tiously, and that we are not in a posi- Ten years ago, September 16, 1986, I was stunned, frankly, when I heard tion where we have to do it in an hour the Federal debt stood at that we do not have adequate auditing or hour and a half or 2 hours. On the $2,106,332,000,000. on $950 billion worth of employee pen- other hand, I think as amendments are Fifteen years ago, September 16, 1981, sion funds. That is what this takes care offered we should attempt to try to the Federal debt stood at of. The accounting profession is for it. limit each of those amendments by $981,709,000,000. People who have examined this are as- some time agreement as it relates to Twenty-five years ago, September 16, tounded that we have not done it be- the amendment being considered at the 1971, the Federal debt stood at fore. I understand the reluctance on time. Or we might work our list. We $415,132,000,000. This reflects an in- the part of the Senator from Arizona to could work our list tomorrow and see crease of more than $4 trillion take an amendment that has nothing how much time would be needed by ($4,802,195,143,659.08) during the 25 years to do with aviation. But if we are going each presenter, and maybe we could from 1971 to 1996. to protect the taxpayers on this—and I have a time agreement or a UC early f know my friend from South Dakota, tomorrow. TRIBUTE TO SENATOR HANK the Presiding Officer, wants to protect I will attempt to look at these BROWN the taxpayers, the Senator from Ken- amendments and see if there is a time tucky does, and all of us do—this is a agreement. I am going to call some of Mr. HEFLIN. Mr. President, our chance to do it. the Senators and say, ‘‘Your amend- friend and colleague from Colorado, I hope that this will be accepted ment is in the managers’ amendment. Senator HANK BROWN, will be leaving when we vote tomorrow. There was nothing wrong with it, so at the end of the 104th Congress after Mr. President, unless anyone has any your name gets scratched.’’ So I am only one term in the Senate. But, he questions or anyone seeks the floor, I going to proceed on that basis and at- will nevertheless leave a lasting legacy suggest the absence of a quorum. tempt to help my friend and see if we of accomplishment that matches that The PRESIDING OFFICER. The can’t secure some time agreements of others who have served here for far clerk will call the roll. prior to 11 o’clock tomorrow. longer periods. I have had the pleasure The legislative clerk proceeded to Mr. McCAIN. I thank my friend. Mr. of serving with HANK on the Judiciary call the roll. President, just to clarify, there is also Committee during the last few years. Mr. McCAIN. Mr. President, I ask permitted under this UC—because it is His leadership on that committee and unanimous consent that the order for not precluded—second-degree amend- his contributions to our sometimes the quorum call be rescinded. ments that are relevant. So my col- controversial debates were always The PRESIDING OFFICER. Without leagues, I hope, will not make use of thoughtful, analytical, fair, and re- objection, it is so ordered. that. spectful. He has been firm in his beliefs

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10682 CONGRESSIONAL RECORD — SENATE September 17, 1996 and opinions, but never failed to listen gress. His departure will leave a void There is also no question that his sin- and consider those of the other mem- for his State of Maine and for the Na- cere interest and leadership in public bers of the committee. tion that will be extremely difficult to policy issues at the national level has Senator BROWN has also been an out- fill. We were both first elected to the led to many benefits for the American standing leader on military, foreign Senate in 1978 and will now be leaving people in general. He will be sorely policy, trade, budgetary, and a host of together. He has been a true friend and missed after he leaves the Senate early other issues. I was especially impressed a wonderful colleague to serve with next year, but I join my colleagues in with his efforts to resolve the dispute over these last 18 years. wishing him and his lovely wife, Janet with Pakistan over certain weapons In addition to being an outstanding Langhart-Cohen, well as he embarks on transfers. He was able to forge a com- Senator and leader on a wide range of a new phase of his life. I also look for- promise between the administration issues, Senator COHEN is an accom- ward to reading more of his novels in and Congress which serves our national plished poet and spy novelist in his the years to come. interests as well as those of India and own right. Among his books are: ‘‘Of f Pakistan. He has covered a great deal Sons and Seasons,’’ ‘‘Roll Call,’’ ‘‘Get- of public policy territory during his ting the Most Out of Washington,’’ MESSAGES FROM THE PRESIDENT relatively short tenure in the Senate. ‘‘The Double Man,’’ which he wrote Messages from the President of the HANK BROWN was born in Denver, CO, with former Senator Gary Hart, ‘‘A United States were communicated to on February 12, 1940. He received his Baker’s Nickel,’’ ‘‘Men of Zeal,’’ which the Senate by Mr. Williams, one of his bachelor’s degree from the University he wrote with former Maine Senator secretaries. of Colorado in 1961 and his law degree and Majority Leader George Mitchell, f from there in 1969. He began his career ‘‘One-Eyed Kings,’’ and ‘‘Murder in the as an accountant. He received a master Senate.’’ EXECUTIVE MESSAGES REFERRED of tax law degree from the George Altogether, Senator COHEN will have As in executive session, the Presiding Washington University here in Wash- served for 25 years in Congress when he Officer laid before the Senate messages ington in 1986, while serving in the retires. Born in 1940, his father was a from the President of the United House of Representatives. baker in Bangor, ME. He received his States submitting sundry nominations The future Senator from Colorado bachelor of arts degree from Bowdoin which were referred to the appropriate served as a lieutenant in the U.S. Navy College in 1962 and his law degree from committees. from 1962 to 1966, including service as a Boston University 3 years later. He (The nominations received today are forward air controller in Vietnam. He later became the assistant county at- printed at the end of the Senate pro- was awarded the Air Medal with two torney for Maine’s Penobscot County ceedings.) gold stars, the Vietnam Service Medal, and was elected vice president of the Naval Unit Citation, and National De- Maine Trial Lawyers Association in f fense Medal. He served in the Colorado the early 1970’s. He was the mayor of MESSAGES FROM THE HOUSE State Senate from 1972 to 1976, where Bangor, ME and a fellow at the John F. At 7:53 p.m., a message from the he was the assistant majority leader Kennedy Institute of Politics. He was House of Representatives, delivered by for 2 years. In 1973, he was named ‘‘Out- elected to the 93d Congress on Novem- Ms. Goetz, one of its reading clerks, an- standing Young Man of Colorado.’’ ber 7, 1972, and served in the House nounced that the House has passed the In 1980, he was elected to the House until his election to the Senate 6 years following bill, without amendment. of Representatives, serving there until later. his election to the Senate in 1990. As a Member of Congress, WILLIAM S. 677. An act to repeal a redundant venue provision, and for other purposes. While he was in the House, he spon- COHEN has not been afraid to break sored the first wild and scenic river with his party when his conscience dic- The message also announced that the designation for the Cache La Poudre tated it. Overall, he has been a leading House agrees to the amendments of the River, and worked to expand the Rocky advocate of a more assertive American Senate to the bill (H.R. 2679) to revise Mountain National Park. He also defense posture. This was his view long the boundary of the North Platte Na- sought tougher child support enforce- before the defense build-up of the tional Wildlife Refuge. ment mechanisms and specialized in 1980’s. As a Senate candidate in 1978, f ethics issues as a member of the House his platform was military preparedness Ethics Committee. Likewise, he has and when he arrived here, he imme- REPORTS OF COMMITTEE been an outspoken leader in urging diately got a seat on the Armed Serv- The following report of committee Congress to be covered by the civil ices Committee. He opposed the SALT was submitted: rights and labor laws it imposed on II Treaty, strongly supported President By Mr. HATFIELD, from the Committee others. The Congressional Account- Reagan’s defense build-up, and spoke on Appropriations: ability Act, which passed the Congress out against the nuclear freeze. He con- Special Report entitled ‘‘Revised Alloca- and was signed into law in early 1995, demned Saddam Hussein’s regime in tion to Subcommittees of Budget Totals was due in large measure to his efforts Iraq for using chemical weapons long from the Concurrent Resolution for Fiscal Year 1997’’ (Rept. No. 104–370). on this issue. before the invasion of Kuwait in Au- Senator HANK BROWN has been a true gust 1990 and in July of that year was f friend to the people of Colorado and an instrumental in the debate over sanc- EXECUTIVE REPORTS OF outstanding legislator who consist- tions against Iraq. He served as vice COMMITTEES ently strived to do what was best for chairman of the Senate Intelligence the Nation. His presence will be sorely Committee during the late 1980’s, The following executive reports of missed when the next Congress con- working closely with its chairman, committees were submitted: venes early next year, but I join my Senator David Boren. He also served on By Mr. THURMOND, from the Committee colleagues in congratulating and com- the Iran-contra committee, on which I on Armed Services: The following named officers for pro- mending him for his public service and served as well. motion in the line in the Navy of the United in wishing him and his family well as On trade issues, he has been for free States to the grade indicated under title 10, he moves on to the next phase of his but fair trade. He has worked to ban U.S.C., section 624: the import of underweight lobsters and life. UNRESTRICTED LINE OFFICER opposed the American-Canadian Free f To be rear admiral (lower half) Trade Agreement. TRIBUTE TO SENATOR WILLIAM S. Senator COHEN is known as somewhat Capt. Daniel R. Bowler, 000–00–0000, U.S. COHEN of a maverick, but there is no question Navy. Capt. John E. Boyington, Jr., 000–00–0000, Mr. HEFLIN. Mr. President, our dis- that he put the concerns of his country U.S. Navy. tinguished colleague from Maine, Sen- and State at the top of his agenda. Capt. John T. Byrd, 000–00–0000, U.S. Navy. ator WILLIAM COHEN, will be leaving There is a great need for mavericks— Capt. John V. Chenevey, 000–00–0000, U.S. the Senate at the end of the 104th Con- really, I should call them independents. Navy.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10683

Capt. Ronald L. Christenson, 000–00–0000, U.S. MEDICAL CORPS Reserve of the Army to the grades indicated Navy. To be rear admiral (lower half) under title 10, U.S.C. sections 3385, 3392 and Capt. Albert T. Church, III, 000–00–0000, U.S. Capt. Bonnie B. Potter, 000–00–0000, U.S. 12203(e): Navy. Navy To be major general Capt. John P. Davis, 000–00–0000, U.S. Navy. The following named Judge Advocate Gen- Brig. Gen. Frank A. Catalano, Jr., 000–00–0000 Capt. Thomas J. Elliott, Jr., 000–00–0000, U.S. eral’s Corps Competitive Category officers Navy. for promotion in the Regular Army of the To be brigadier general Capt. John B. Foley, III, 000–00–0000, U.S. United States to the grade of brigadier gen- Col. Clarence E. Bayless, Jr. 000–00–0000. Navy. eral under the provisions of title 10, U.S.C., Col. John D. Bradberry, 000–00–0000. Capt. Kevin P. Green, 000–00–0000, U.S. Navy. section 611(a) and 624(c): Col. Roger B. Burrows, 000–00–0000. Capt. Alfred G. Harms, Jr., 000–00–0000, U.S. To be brigadier general Col. William G. Butts, Jr., 000–00–0000. Navy. Col. Dalton E. Diamond, 000–00–0000. Capt. John M. Johnson, 000–00–0000, U.S. Col. Joseph R. Barnes, 000–00–0000 Col. George T. Garrett, 000–00–0000. Navy. Col. Michael J. Marchand, 000–00–0000. The following named officer for appoint- Col. Larry E. Gilman, 000–00–0000. Capt. Herbert C. Kaler, 000–00–0000, U.S. ment to the grade of lieutenant general Col. John R. Groves, Jr., 000–00–0000. Navy. while assigned to a position of importance Col. Hugh J. Hall, 000–00–0000. Capt. Timothy J. Keating, 000–00–0000, U.S. and responsibility under Title 10, United Col. Elmo C. Head, Jr. Navy. States Code, Section 601: Col. Willie R. Johnson, 000–00–0000. Capt. Gene R. Kendall, 000–00–0000. To be lieutenant general Col. Stephen D. Korenek, 000–00–0000. Capt. Timothy W. LaFleur, 000–00–0000. Col. Bruce N. Lawlor, 000–00–0000. Capt. Arthur N. Langston, III, 000–00–0000. Maj. Gen. John A. Gordon, 000–00–0000, Col. Paul M. Majerick, 000–00–0000. Capt. James W. Metzger, 000–00–0000. United States Air Force. Col. Timothy E. Neel, 000–00–0000. Capt. David P. Polatty, III, 000–00–0000. The following named officer for promotion Col. Jeff L. Neff, 000–00–0000. Capt. Ronald A. Route, 000–00–0000. in the Naval Reserve of the United States to Col. Anthony L. Oien, 000–00–0000. Capt. Steven G. Smith, 000–00–0000. the grade indicated under title 10, U.S.C., Col. Terry L. Reed, 000–00–0000. Capt. Thomas W. Steffens, 000–00–0000. section 5912: Col. Michael H. Taylor, 000–00–0000. Capt. Ralph E. Suggs, 000–00–0000. CIVIL ENGINEER CORPS OFFICER Col. Edwin H. Wright, 000–00–0000. Capt. Paul F. Sullivan, 000–00–0000. To be rear admiral The following named officer for appoint- ENGINEERING DUTY OFFICER Read Adm. (1h) Thomas Joseph Gross, 9924, ment to the grade of lieutenant general in To be rear admiral (lower half) U.S. Naval Reserve. The following named officer for appoint- the United States Army while assigned to a Capt. Roland B. Knapp, 000–00–0000, U.S. ment to the grade of lieutenant general in position of importance and responsibility Navy. the United States Air Force while assigned under title 10, U.S.C., section 601(a): Capt. Kathleen K. Paige, 000–00–0000, U.S. to a position of importance and responsi- To be lieutenant general Navy. bility under title 10, U.S.C., section 601(a): Maj. Gen. Frederick E. Vollrath, 000–00–0000. SPECIAL DUTY OFFICER (INTELLIGENCE) To be lieutenant general To be rear admiral (lower half) The following named officer for appoint- Maj. Gen. William J. Donahue, 000–00–0000. ment to the grade of lieutenant general in Capt. Perry M. Ratliff, 000–00–0000, U.S. The following named officer for appoint- the United States Army while assigned to a Navy. ment in the Reserve of the Air Force to the position of importance and responsibility The following named officer for reappoint- grade indicated under title 10, U.S.C., sec- under title 10, U.S.C., section 3036: ment to the grade of lieutenant general in tions 8374, 12201 and 12212: the United States Army while assigned to a To be brigadier general TO BE SURGEON GENERAL, UNITED STATES ARMY position of importance and responsibility under title 10, U.S.C., section 601(a) and 3036: Col. Gerald W. Wright, 000–00–0000, Air Na- To be lieutenant general tional Guard of the United States. Maj. Gen. Ronald R. Blanck, 000–00–0000. To be chief of engineers The following named officer for appoint- To be lieutenant general ment to the grade of lieutenant general in The following named officers for pro- Maj. Gen. Joe N. Ballard, 000–00–0000. the United States Air Force while assigned motion in the line in the Navy of the United The following named officer for appoint- to a position of importance and responsi- States to the grade indicated under title 10, ment to the grade of lieutenant general in bility under title 10, U.S.C. section 8036: U.S.C., section 624: the United States Army while assigned to a SURGEON GENERAL OF THE AIR FORCE UNRESTRICTED LINE OFFICER position of importance and responsibility To be lieutenant general under title 10, U.S.C., section 601(a): To be rear admiral (lower half) Maj. Gen. Charles H. Roadman, II, 000–00– To be lieutenant general Capt. Harry M. Highfill, 000–00–0000, U.S. 0000. Maj. Gen. Edward G. Anderson, III, 000–00– The following United States Army Na- Navy. 0000, United States Army. tional Guard officers for promotion in the Capt. Richard J. Naughton, 000–00–0000, U.S. The following named officer for appoint- Reserve of the Army to the grades indicated Navy. ment in the Reserve of the Air Force, to the under title 10, U.S.C. sections 3385, 3392 and Capt. William G. Sutton, 000–00–0000, U.S. grade indicated, under the provisions of title 12203(a): Navy. 10, U.S.C., sections 8374, 12201, 12204, and To be major general The following named officer for reappoint- 12212: ment to the grade of lieutenant general in Brig. Gen. Carroll D. Childers, 000–00–0000. To be brigadier general the United States Marine Corps while as- Brig. Gen. Cecil L. Dorton, 000–00–0000. signed to a position of importance and re- Brig. Gen. Dwight M. Kealoha, USAF (Re- Brig. Gen. Clyde A. Hennies, 000–00–0000. sponsibility under the provisions of Section tired), 000–00–0000, Air National Guard. Brig. Gen. Warren L. Freeman, 000–00–0000. The following named officer for appoint- 601, Title 10, United States Code: To be brigadier general ment to the grade of lieutenant general in To be lieutenant general the United States Air Force while assigned Col. John E. Barnette, 000–00–0000. to a position of importance and responsi- Col. Roberto Benavides, Jr., 000–00–0000. Lt. Gen. Anthony C. Zinni, 000–00–0000. bility under title 10, U.S.C., section 601(a); Col. Ernest D. Brockman, Jr., 000–00–0000. The following named officer for appoint- To be lieutenant general Col. Danny B. Callahan, 000–00–0000. ment to the grade of vice admiral in the Col. Reginald A. Centracchio, 000–00–0000. United States Navy while assigned to a posi- Maj. Gen. Normand G. Lezy, 000–00–0000. The following named officer for appoint- Col. Terry J. Dorenbush, 000–00–0000. tion of importance and responsibility under ment to the grade of lieutenant general in Col. Thomas W. Eres, 000–00–0000. title 10 U.S.C., section 601: Col. Edward A. Ferguson, Jr., 000–00–0000. the United States Air Force while assigned To be vice admiral Col. Gary L. Franch, 000–00–0000. to a position of importance and responsi- Rear Adm. William J. Hancock, 000–00–0000. bility under title 10, U.S.C., section 601; Col. Peter J. Gravett, 000–00–0000. Col. Robert L. Halverson, 000–00–0000. The following named officer for appoint- To be lieutenant general Col. Joseph G. Labrie, 000–00–0000. ment to the grade of vice admiral in the Maj. Gen. William P. Hallin, 000–00–0000. Col. Bennett C. Landreneau, 000–00–0000. United States Navy while assigned to a posi- The following named officer for appoint- Col. John W. Libby, 000–00–0000. tion of importance and responsibility under ment to the grade of lieutenant general in Col. Marianne Mathewson-Chapman, 000–00– title 10 U.S.C., section 601: the United States Air Force while assigned 0000. To be vice admiral to a position of importance and responsi- Col. Edmond B. Nolley, Jr., 000–00–0000. bility under title 10, U.S.C., section 601; Col. James F. Reed, III, 000–00–0000. Rear Adm. William J. Fallon, 000–00–0000. To be lieutenant general Col. Darwin H. Simpson, 000–00–0000. The following named officer for reappoint- Lt. Gen. George T. Babbitt, Jr., 000–00–0000. Col. Allen E. Tackett, 000–00–0000. ment to the grade of vice admiral in the The following named officer for promotion Col. Michael R. Van Patten, 000–00–0000. United States Navy while assigned to a posi- in the Navy of the United States to the grade The following United States Army Na- tion of importance and responsibility under indicated under title 10, U.S.C., section 624: tional Guard officers for promotion in the title 10 U.S.C., section 601:

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10684 CONGRESSIONAL RECORD — SENATE September 17, 1996 To be vice admiral In the Air Force there are 66 promotions to S. 2084. A bill to expedite State reviews of Vice Adm. Conrad C. Lautenbacher, Jr., 000– the grade of major (list begins with John W. criminal records of applicants for private se- 00–0000. Baker) (Reference No. 1223). curity officer employment, and for other The following named officer for appoint- In the Navy there are two promotions to purposes; to the Committee on the Judici- ment to the grade of lieutenant general in the grade of lieutenant commander (list be- ary. the United States Army while assigned to a gins with Aaron C. Flannery) (Reference No. By Mr. WARNER (for himself and Mr. position of importance and responsibility 768). FORD): under title 10, U.S.C., section 601(a): In the Marine Corps there is one promotion S. 2085. A bill to authorize the Capitol to the grade of lieutenant colonel (John C. Guide Service to accept voluntary services; To be lieutenant general Sumner) (Reference No. 1272). considered and passed. Maj. Gen. George A. Crocker, 000–00–0000. In the Navy there is one promotion to the By Mr. PRESSLER (for himself, Mr. (The above nominations were re- grade of captain (John L. Willson) (Reference LOTT, Mr. BAUCUS, Mr. HATCH, Mr. ported with the recommendation that No. 1273). D’AMATO, Mr. NICKLES, Mr. GORTON, In the Navy there is one promotion to the Mr. HATFIELD, Mr. BURNS, and Mrs. they be confirmed.) grade of lieutenant commander (Eric L. Mr. THURMOND. Mr. President, for MURRAY): Pagenkopf) (Reference No. 1274). S. 2086. A bill to amend the Internal Rev- the Committee on Armed Services, I In the Marine Corps there are 58 appoint- enue Code of 1986 to simplify certain rules re- report favorably 29 nomination lists in ments to the grade of captain (list begins lating to the taxation of United States busi- the Air Force, Army, Marine Corps and with Michael G. Alexander) (Reference No. ness operating abroad, and for other pur- Navy which were printed in full in the 1275). poses; to the Committee on Finance. In the Marine Corps Reserve there are 150 CONGRESSIONAL RECORDS of December By Mr. KERRY: promotions to the grade of lieutenant colo- 11, 1995, May 22, 1996, July 11, 17, 19, and S. 2087. A bill to direct the Secretary of the nel (list begins with James R. Adams) (Ref- department in which the Coast Guard is op- 29, 1996, September 3, and 9, 1996, and erence No. 1276). ask unanimous consent, to save the ex- erating to provide rescue diver training In the Navy there are 427 promotions to under the Coast Guard helicopter rescue pense of reprinting on the Executive the grade of commander (list begins with swimming training program; to the Com- Calendar, that these nominations lie at Daniel C. Alder) (Reference No. 1277). mittee on Commerce, Science, and Transpor- the Secretary’s desk for the informa- In the Naval Reserve there are 768 pro- tation. tion of Senators. motions to the grade of commander (list be- By Mr. LOTT: The PRESIDING OFFICER. Without gins with James C. Ackley) (Reference No. S.J. Res. 60. A joint resolution to dis- 1278). approve the rule submitted by the Health objection, it is so ordered. In the Navy there are 774 promotions to Care Financing Administration on August (The nominations ordered to lie on the grade of lieutenant commander (list be- 30, 1996, relating to hospital reimbursement the Secretary’s desk were printed in gins with Gregorio A. Abad) (Reference No. under the medicare program; read twice. the RECORDS of December 11, 1995, May 1279). 22, 1996, July 11, 17, 19, 29, September 3, In the Air Force Reserve there are 26 pro- f and 9, 1996, at the end of the Senate motions to the grade of lieutenant colonel proceedings.) (list begins with John W. Amshoff, Jr.) (Ref- SUBMISSION OF CONCURRENT AND erence No. 1282). SENATE RESOLUTIONS In the Air Force there is one promotion to In the Marine Corps there are three ap- the grade of lieutenant colonel (Edgar W. pointments to the grade of lieutenant colo- The following concurrent resolutions Hatcher) (Reference No. 1267). nel and below (list begins with Timothy and Senate resolutions were read, and In the Air Force and Air Force Reserve Foley) (Reference No. 1283). referred (or acted upon), as indicated: there are 11 appointments to the grade of In the Naval Reserve there are 153 pro- By Mr. LOTT (for himself, Mr. colonel and below (list begins with Malcolm motions to the grade of captain (list begins DASCHLE, Mr. STEVENS, Mr. BYRD, N. Joseph III) (Reference No. 1268). with Robert E. Aquirre) (Reference No. 1284). Mr. WARNER, Mr. SIMPSON, Mrs. In the Army there is one appointment as In the Naval Reserve there are 382 pro- KASSEBAUM, Mr. FORD, Mr. ROCKE- permanent professor at the United States motions to the grade of commander (list be- FELLER, Mr. LEVIN, Mr. GRASSLEY, Military Academy (Colonel George B. For- gins with David W. Anderson) (Reference No. Mr. COVERDELL, and Mr. FRIST): sythe) (Reference No. 1269). 1285). S. Res. 293. A resolution saluting the serv- In the Marine Corps there are four pro- In the Air Force there are 1,609 promotions ice of Howard O. Greene, Jr. to the United motions to the grade of major (list begins to the grade of colonel and below (list begins States Senate; considered and agreed to. with Gary J. Couch) (Reference No. 1270). with Johnny R. Almond) (Reference No. By Mr. STEVENS: In the Marine Corps there are two pro- 1296). S. Res. 294. A resolution to provide for sev- motions to the grade of major (list begins f erance pay; considered and agreed to. with Ralph P. Dorn) (Reference No. 1271). By Mr. NICKLES (for himself, Mr. In the Marine Corps there is one promotion INTRODUCTION OF BILLS AND NUNN, Mr. COATS, Mr. ASHCROFT, and to the grade of lieutenant colonel (George W. JOINT RESOLUTIONS Mr. HELMS): Simmons) (Reference No. 1111). The following bills and joint resolu- S. Con. Res. 71. A concurrent resolution ex- In the Army there are 1,576 promotions to pressing the sense of the Senate with respect the grade of major (list begins with Anthony tions were introduced, read the first to the persecution of Christians worldwide; J. Abati) (Reference No. 1198). and second time by unanimous con- considered and agreed to. In the Air Force and Air Force Reserve sent, and referred as indicated: there are 22 appointments to the grade of By Mr. HARKIN: f colonel and below (list begins with Jeffrey I. S. 2080. A bill to save taxpayer money by Roller) (Reference No. 1202). reducing the unnecessary increase in Pen- STATEMENTS ON INTRODUCED In the Army Reserve there is one appoint- tagon spending in fiscal year 1997; to the BILLS AND JOINT RESOLUTIONS ment to the grade of lieutenant colonel Committee on Armed Services. (Donald G. Higgins) (Reference No. 1203). S. 2081. A bill to limit Department of De- By Mr. HARKIN: In the Army Reserve there are 13 pro- fense payments to contractors for restruc- S. 2080. A bill to save taxpayer money motions to the grade of colonel and below turing costs associated with business com- by reducing the unnecessary increase (list begins with Robert M. Carrothers) (Ref- binations; to the Committee on Armed Serv- in Pentagon spending in fiscal year erence No. 1206). ices. 1997; to the Committee on Armed Serv- In the Army Reserve there are 37 pro- By Mr. DORGAN (for himself and Mr. ices. motions to the grade of colonel and below ROBB): PENTAGON BUDGET REQUEST LEGISLATION (list begins with James R. Barr) (Reference S. 2082. A bill to amend title 18, United No. 1207). States Code, to eliminate good time credits ∑ Mr. HARKIN. Mr. President, we must In the Air Force there are 12 appointments for prisoners serving a sentence for a crime maintain a strong national defense. to the grade of second lieutenant (list begins of violence, and for other purposes; to the There can be no question about that. I with Michael P. Allison) (Reference No. 1220). Committee on the Judiciary. believe part of that strength comes In the Marine Corps there are five pro- By Mr. DEWINE: from wise use of taxpayer dollars. The motions to the grade of lieutenant colonel S. 2083. A bill to amend title 18, United $265.6 billion authorized by this Con- and below (list begins with Robert E. Car- States Code, to set forth the civil jurisdic- gress is $11.3 billion more than the Pen- ney) (Reference No. 1221). tion of the United States for crimes com- In the Marine Corps Reserve there are 34 mitted by persons accompanying the Armed tagon requested. I am offering this bill promotions to the grade of colonel (list be- Forces outside of the United States, and for today to roll back this addon and re- gins with Craig T. Boddington) (Reference other purposes; to the Committee on Armed store the Pentagon’s requested level. It No. 1222). Services. directs the Secretary of Defense to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10685 achieve this goal by making adjust- exempt from our efforts to balance the allow contractors for all Federal agen- ments that do not jeopardize our mili- budget. Common sense dictates that we cies and departments to collect such tary readiness or the quality of life of can’t afford $11.3 billion in addons over costs. Imagine Medicare paying re- our military personnel. what the Pentagon and the Joint structuring costs for all Federal agen- The Secretary of Defense should not Chiefs of Staff say we need to maintain cies and departments to collect such have trouble finding areas to trim. a strong national defense. I urge my costs. Imagine Medicare paying re- This budget adds less than $1 billion for colleagues to join me in support of this structuring costs for all major hospital readiness and quality-of-life issues. commonsense bill to cut the deficit and mergers. This could add billions of tax- Too much of the rest is for gold-plated put our priorities back in order.∑ payers dollars to the total cost of this hardware and questionable weapons de- policy. velopment. By Mr. HARKIN: Proponents claim the subsidies save Some star wars items, like the space- S. 2081. A bill to limit Department of taxpayers money, but the record on based laser system at an additional $70 Defense payments to contractors for these savings is spotty at best. Accord- million, or the kinetic energy antisat- restructuring costs associated with ing GAO studies of two business com- ellite program at an additional $75 mil- business combinations; to the Com- binations the measured savings are far lion, are expensive, destabilizing, and mittee on Armed Services. less than the amount promised. In one probably won’t work. Other items, like CORPORATE MERGERS LEGISLATION case the GAO found that ‘‘the net cost the Kiowa helicopter, at an additional ∑ Mr. HARKIN Mr. President, I intro- reduction certified by DOD represents $190 million have missions that can be duce a bill that will put a moratorium less than 15 percent of the savings . . . filled by other weapons at less cost. In on taxpayer subsidies for mergers be- projected to the DOD 2 years earlier this era of tight budgets, when we are tween defense contractors, and give the when they sought support for the pro- slashing other programs, I don’t see Government the tools to monitor these posed partnership.’’ how we can justify these unwise, un- deals and recoup any overpayments. Moreover, the cost accounting is in- wanted, unnecessary and untimely ex- To quote Lawrence Korb, Assistant complete and there is no way for tax- penditures. Secretary of Defense under President payers to recoup the costs when the Mr. President, this simply defies Reagan in a recent article in the amount paid to contractors exceeds the common sense. The cold war is over. Brookings Review, ‘‘Remember the $600 actual benefit received. The current The proposed increase, by itself, is toilet seats and the $500 hammers that practice is to measure only costs to the only slightly smaller than the com- had taxpayers up in arms during the Department of Defense when contrac- bined defense budgets of North Korea, mid-1980s? Today’s subsidized mergers tors merge and give thousands of hard- Iraq, Syria, Iran, and Cuba. I think the are going to make them look like bar- working Americans the boot. The costs American taxpayers are owed an expla- gains.’’ associated with Government subsidized nation of this excessive spending. Here is what some public interest social services like worker retraining I would like to know how my col- groups say about the policy: are not tallied. Neither are the costs leagues plan to pay for such extrava- The CATO Institute—‘‘The costs as- associated with lost payroll tax rev- gance in this time of constrained sociated with mergers should not be enue. My bill would fix these defi- spending. This bill will either steal absorbed by federal taxpayers. This is a ciencies. from parts of government that are al- egregious example of unwarranted cor- Although I believe this practice must ready doing their part to reduce the porate welfare in our budget.’’ stop, I realize that is too new for most deficit, or it will add billions of dollars Taxpayers for Common Sense—‘‘It’s to make an informed decision about. to the deficit. We simply can’t avoid time for the Pentagon to drop this ri- That is why I am offering this very one of these consequences. diculous ‘money for nothing’ policy.’’ moderate bill. It will merely put a 1- Mr. President, let me put the mag- Project on Government Oversight— year moratorium on these payments so nitude of this fiscal irresponsibility ‘‘The new policy is unneeded, estab- that the Comptroller General can give into perspective. The $11.3 billion lishes inappropriate government inter- us the tools we need to take a close bonus is almost equal to the budgets of vention in the economy, promotes lay- look at the policy and ensure that the the National Institutes of Health and offs of high-wage jobs, pays for exces- taxpayers recoup any payments in ex- the Transportation Department. It’s sive CEO salaries, and is likely to cost cess of realized benefits. It will also about twice the budget of the Interior the government billions of dollars.’’ allow us to have hearings on this far- Department and the Environmental In 1993 then Undersecretary of De- reaching policy change. Protection Agency, and it’s almost fense John Deutch made a major policy So, again Mr. President, this modest four times larger than the budget of change with regard to Defense Depart- bill will give us the time and tools we the National Science Foundation. Fur- ment acquisition practices. His deci- need to thoroughly examine this pol- thermore, for this amount of money we sion allowed the DOD to start sub- icy. I urge my colleagues to support could fund the Pell Grant Program for sidizing defense contractor mergers. this common sense bill so that we can 2 years or we could fund the Head Start The taxpayers have already paid $300 study this issue with all the care that Program for over 21⁄2 years. million to wealthy defense contractors it deserves.∑ To look at it in terms of my State of and the GAO estimates that they will Iowa, this addon of $11.3 billion is al- pay another $2 billion or more in the By Mr. DORGAN (for himself and most three times the budget for the en- next few years. Mr. ROBB): tire State of Iowa. Iowans could fund If Deutch’s decision was a policy S. 2082. A bill to amend title 18, their K–12 education system, some change, as I believe, then the proper United States Code, to eliminate good- 500,000 pupils in about 380 school dis- procedures were not followed. The new time credits for prisoners serving a tricts, for 5 years. At the current policy was never printed in the Federal sentence for a crime of violence, and spending and enrollment levels, the Register and there was no opportunity for other purposes; to the committee $11.3 billion could fund Iowa State Uni- for public comment on it, so the con- on the Judiciary. versity for 94 years, the University of tracts written under this policy may be THE 100 PERCENT TRUTH IN SENTENCING ACT Iowa for 99 years, the University of invalid. ∑ Mr. DORGAN. Mr. President, last Northern Iowa for 166 years, or all If it was a clarification of policy, as Friday I spoke on the Senate floor three together for 38 years. the proponents claim, then the tax- about legislation that I am proposing We simply can’t justify this excessive payers may be liable for paying re- to make Americans safer in their spending, we shouldn’t ask our con- structuring costs on mergers all the homes and communities. Today I am stituents to fork over $11.3 billion for way back to the 1950’s. The cost to formally introducing that legislation, programs the Pentagon does not need American taxpayers could be stag- and I wanted to take a few moments to or could safely delay. gering. describe in further detail what my bill It’s time for some fairness. It’s time In either case, the decision involves would do and why it is needed. for some common sense. And fairness an interpretation of the Federal Acqui- All of us who are concerned about tells us that the Pentagon shouldn’t be sition Regulations [FAR] and may violent crime in this country know

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10686 CONGRESSIONAL RECORD — SENATE September 17, 1996 that the causes of crime are complex that he murdered Elissa, according to time, commissary privileges, and work and difficult. I certainly do not pretend the St. Louis Post-Dispatch, Link opportunities. Most of these incentives to have all the answers. But there are robbed, sodomized, and tried to rape a provide an immediate reward, while some basic, commonsense steps we can woman he grabbed at a self-service the reward of good time credits is not take to reduce the amount of violent laundry, snatched another woman’s realized for many months, and often crime in this country—the first of purse, tried to rape another woman at years, after the desired behavior. I am which is to keep those people that we knifepoint, almost abducted an 8-year- not a psychologist, but it seems to me know are violent criminals off the old girl, and held up an ice cream shop. that young, impetuous criminals are streets. If Link had served his full sentence for more likely to appreciate an imme- My bill, the 100 Percent Truth in an earlier abduction and rape, none of diate, rather than a long delayed, re- Sentencing Act, will eliminate the these crimes would have been com- ward. award of good-time credits for violent mitted and Elissa would be alive today. In fact, statistics compiled by the Of- offenders in the Federal prisons and re- Link is now serving a sentence of life fice of Justice Statistics seem to sup- quire violent offenders to serve 100 per- in prison without parole. But in my port this theory. Over the last few cent of their sentences. This is not a view, the death of little Elissa was years, the incidence of violent mis- punitive action against criminals; it is completely preventable and inexcus- conduct in federal prisons has declined a preventive action against violent able. We know that violent criminals by more than 30 percent, even though crime. often repeat their crimes. At a min- prison officials no longer have parole Let me tell you why my bill will save imum, we must take steps to keep vio- as an incentive and the amount of al- lives and prevent violent crime. It does lent offenders behind bars for the full lowable good time has decreased from not take a genius to know who will terms of their sentences. as much as 120 days per year (prior to commit the next crime—likely, it will This bill is not my first attempt to 1984) to 54 days. be someone who already committed a end good time for violent offenders. In The bottom line is this: early release crime. One-third of all violent crime is 1994, I offered an amendment to the for violent offenders costs lives. Today, committed by someone who is already Violent Crime Control and Law En- there are more than 100,000 inmates in know to the criminal justice system forcement Act of 1994 designed to nearly 90 federal prisons and in con- and is ‘‘under supervision’’—that is, eliminate good time for all violent of- tract facilities across the country. out on the streets because of parole, fenders unless they exhibited ‘‘exem- About 20,000 of these inmates are serv- probation, or pretrial release. plary’’ behavior while in prison. My in- ing time for a violent offense. If they This frightening statistic is not the tent was that only those violent of- are released early from prison, 7,200 result of actions by just a few hardened fenders who demonstrated that they will be re-arrested for a violent crime criminals. Rather, the majority of vio- were rehabilitated would be released within 3 years of their release. lent offenders will be rearrested for an- from Federal prison before the end of My bill, the 100 Percent Truth In other crime within 3 years of their re- their sentences. Sentencing Act, is the most straight- lease. Fully one-third of all violent That amendment was accepted and is forward, common sense approach that I criminals released from prison will be now law. Unfortunately, the Justice have seen for putting violent criminals rearrested for another violent crime Department has interpreted that provi- behind bars and keeping them there. within that timeframe. sion to mean that violent offenders will Senator ROBB already has agreed to These statistics are well known and continue to receive automatic good join me in co-sponsoring this legisla- undisputed, yet more than 90 percent of time credits unless they break signifi- tion, and I hope all my colleagues will violent criminals are released early cant prison rules. This was not the in- do the same. from prison. Back in 1984, we acknowl- tent of my amendment in 1994, and the Mr. President, I ask unanimous con- edged that early release leads to more bill I am now offering clarifies my posi- sent that the full text of the bill be violent crime and, as a result, we abol- tion: violent offenders should remain in printed in the RECORD. ished parole in the Federal system. But jail until they have completed their There being no objection, the bill was our system continues to award ‘‘good- court-imposed sentences. ordered to be printed in the RECORD, as time’’ credits—essentially, time off for Prison officials tell me that they rely follows: good behavior—to the most violent fel- on good time credits as a disciplinary ons in the system. The reason is that tool. On a recent visit to a Federal S. 2082 good time credits are awarded auto- prison, officials told my staff that Fed- Be it enacted by the Senate and House of Rep- matically to almost every inmate. In eral inmates are increasingly young, resentatives of the United States of America in the Federal prison system, every pris- undisciplined, violent, and unpredict- Congress assembled, oner—regardless of how brutal their able. ‘‘Without good time to use as an SECTION 1. SHORT TITLE. crime—receives 54 days of good time incentive to control inmates,’’ one offi- This Act may be cited as the ‘‘100 Percent Truth in Sentencing Act’’. per year unless they violate significant cial confided, ‘‘we would fear for the SEC. 2. ELIMINATION OF CREDIT TOWARD SERV- prison rules. lives of our prison guards!’’ ICE OF SENTENCE FOR SATISFAC- I could spend hours telling you about I am very sympathetic to the argu- TORY BEHAVIOR. violent offenders who were released ments they raise. It is the job of prison Section 3624(b) of title 18, United States early from Federal prisons, but let me administrators to control inmate popu- Code, is amended— tell you about just one of them. Martin lations and ensure a safe, orderly pris- (1) by striking ‘‘(1) A prisoner’’ and insert- Link has a long history of brutal, vio- on atmosphere. I would not take un- ing ‘‘(1)(A) Subject to subparagraph (B), a lent crime. In 1982, he grabbed a 15- necessary risks with that important prisoner’’; year-old girl in an alley in south St. goal. However, it is our job, as United (2) by striking the second sentence; and Louis, sodomized her, and tried to rape States senators, to secure the safety of (3) by adding at the end the following: ‘‘(B) A prisoner who is serving a term of her. In 1983, he forced another young those who live outside the prison imprisonment of more than 1 year for a girl into his car, took her to East St. walls—law-abiding citizens taking an crime of violence shall not be eligible for Louis, and raped her. Although he was evening stroll, or stopping at the ATM credit toward the service of the prisoner’s sentenced to 20 years in Federal prison, machine, or, like Elissa Self-Braun, sentence under subparagraph (A).’’.∑ he was released in 6 years because of walking to a school bus from our home. combined good time credits and parole. To argue that inmates are too dan- By Mr. DEWINE: Soon afterward, he got a year’s proba- gerous to keep in jail is outrageous and S. 2083. A bill to amend title 18, tion for soliciting sex from an under- unacceptable. United States Code, to set forth the cover agent. I am also skeptical that good time is civil jurisdiction of the United States The next year, in 1990, he stole a car, a necessary or effective disciplinary for crimes committed by persons ac- but was still on the streets in 1991 when tool in most cases. Prison officials companying the Armed Forces outside he murdered 11-year-old Elissa Self- have a broad range of disciplinary tools of the United States, and for other pur- Braun while she was walking home at their disposal, including visitation poses; to the Committee on Armed from her schoolbus. The same month and telephone privileges, recreation Services.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10687 THE MILITARY AND CIVILIAN LAW COORDINATION My bill addresses another important in the international economy. That’s ACT gap in the law. Under current law, not a surprise to any of us. As the ∑ Mr. DEWINE. Mr. President, I believe many illegal acts committed abroad by economies of previously less-developed certain elements of the U.S. military U.S. soldiers or accompanying civilians countries around the world begin to ex- justice system need to be reformed. For go unaddressed by the military courts. pand, and the economic boundaries be- example, current conditions contain The prosecution of these crimes is left tween our countries become more loopholes that allow military criminals to the discretion of a military court, blurred, it is increasingly important to receive pay—even after conviction. which often decides to do no more than for our businesses to be able to operate They allow nonmilitary personnel re- hand down a dishonorable discharge, abroad from their most competitive po- siding on military bases who commit unleashing that criminal on civilian sition. Restraining our own companies crimes to escape criminal prosecution. society. This should not be the case. through redundant and unnecessary And they allow military personnel who Mr. President, there should be no geo- complexities in our own Tax Code have committed crimes to be dis- graphical limits to the law. dampens their ability to compete for charged without their criminal records This bill guarantees that a soldier or foreign business. In the end, it only being included in the FBI’s National accompanying civilian abroad, com- hurts our own economy. Crime Information Center system. mitting an illegal act punishable under There are many factors that affect I believe we must close these loop- the United States Code by more than a U.S. world competitiveness—factors holes. year’s imprisonment, will be handed over which we have little control. I Mr. President, under current law, a over to civilian authorities for prosecu- know our international trade nego- soldier sentenced to and awaiting dis- tion under the United States Code. The tiators labor hard to change those fac- honorable discharge, remains on the military should not be able to rid itself tors we can control, such as barriers to taxpayer’s payroll, unless otherwise or- of its criminals at the expense of law foreign markets and existing agree- dered by the military court. While in abiding civilians. These criminals be- ments designed to keep trade free and military custody, that lawbreaker con- long behind bars, not just out of the fair. This is an issue of importance to tinues to collect a paycheck from the service and back in our streets. This me. I have sought to open markets for rest of tax-paying America. bill will keep them out of our streets. many South Dakota products—wheat Mr. President, this simply should not There is a final aspect of this bill in- in Africa, beef in Asia, and pork prod- be the case, in the streets of Cleveland, tended to protect civilian Americans ucts in the former Soviet Union. Seattle, or Denver, when a criminal from the actions of enlisted criminals. While we have had some successes in breaks the law, he is removed from This bill also mandates that when an opening markets, barriers remain. And those streets. When he is allowed to re- enlisted criminal is discharged from I intend to push for open and fair trade turn to those streets, his time in jail the service, the military Secretary will among all of our trading partners. will have cost him a few things. Of turn over to the FBI all the criminal However, we can do more than just course, chief among these things is his records of that soldier for inclusion in open barriers. We can reform our tax loss of freedom for the period of con- the FBI criminal records system. It code in a way that will ensure contin- finement. But he will also not collect a also requires sex offenders who are dis- ued U.S. success in the world economy. paycheck while incarcerated. We do charged from the military to submit a If we miss this opportunity, we risk the not pay and should not pay our pris- DNA sample before discharge so that erosion of U.S. international competi- oners for serving their time in jail. that sample can be included in the tiveness as countries with simple, fa- A Cincinnati man, convicted of rape, FBI’s CODIS system. vorable tax treatment of businesses burglary, and assault by a military tri- Again, Mr. President, this is another lure away American businesses. bunal, later collected something on the way to protect the tax-paying, law- This is a risk that is very real. A re- order of $40,000, after taxes, for serving abiding American from dishonorably cent report by the Financial Execu- out his sentence. A Wright-Patterson discharged criminals. Under current tives Research Foundation found some Air Force Base airman, convicted of law, the criminal histories of these rather shocking declines in U.S. com- molesting a 4-year-old girl, has col- military personnel do not become part petitiveness. This report found that lected an average of $4,700 per month of the National Crime Information over the last three decades, the global while serving out his sentence. Three Center database and the FBI’s CODIS economy has grown more rapidly than years after his confession, he had re- system. This bill will ensure that they our own economy. This is due, in part, ceived $148,616 from the U.S. taxpayers. do.∑ to the recovery of Japan and Europe He even received raises while behind from the aftermath of World War II, By Mr. PRESSLER (for himself, bars. and as a consequence, the United Mr. LOTT, Mr. BAUCUS, Mr. There are many such stories, Mr. States presence in global markets has HATCH, Mr. D’AMATO, Mr. NICK- President. become less prominent. Their findings LES, Mr. GORTON, Mr. HATFIELD, This bill addresses that injustice to comparing the first half of the 1990’s Mr. BURNS and Mrs. MURRAY): the taxpayer. This bill makes that law- with the 1960’s found the U.S. share of breaker serve out the sentence he has S. 2086. A bill to amend the Internal world GDP has declined to 26 percent— earned—at his own expense. It is al- Revenue Code of 1986 to simplify cer- from 40 percent; the U.S. share of ready enough of a burden that the tax- tain rules relating to the taxation of cross-border investment has fallen to payer has to pay for the room and U.S. business operating abroad, and for 25 percent—from 50 percent; and the board of that prisoner during the sen- other purposes; to the Committee on U.S. share of world exports has dropped tence, after he or she already paid Finance. to 12 percent—from 17 percent. In 1960, more than enough to train and keep THE INTERNATIONAL TAX SIMPLIFICATION FOR 18 of the world’s 20 largest corporations that soldier. AMERICAN COMPETITIVENESS ACT were headquartered in the U.S. Today, ∑ The loss of opportunity and earnings Mr. PRESSLER. Mr. President, I am that number is a mere eight. should be something the criminal pays pleased to introduce a bill today that There is a strong correlation between for himself, the taxpayer should not would provide much-needed relief to American corporate competitiveness pay for it. When that soldier breaks the American-owned companies that are overseas and the ability of those com- law—and in doing so, breaks his agree- struggling to compete in the world panies to continue to provide jobs at ment with the taxpayer—that should marketplace. This bill is an attempt to home. A 1991 Council of Economic Ad- be the end of the taxpayer’s respon- simplify the overly complex inter- visors Economic Report to the Presi- sibilities. national tax rules. I wish to thank my dent explained: Once that soldier decides he no fellow cosponsors for their support— longer wants to be a law-abiding cit- In most cases, if U.S. multinational cor- Senators LOTT, BAUCUS, BURNS, porations did not establish affiliates abroad izen, he is on his own, financially and D’AMATO, HATCH, HATFIELD, GORTON, to produce for the local market, they would otherwise. Mr. President, again, we MURRAY, and NICKLES. be too distant to have an effective presence should not pay our criminals for serv- America’s economy is more and more in that market. In addition, companies from ing out their sentences. linked to the success of our businesses other countries would either establish such

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10688 CONGRESSIONAL RECORD — SENATE September 17, 1996 facilities or increase exports to that market. foreign business operations in which it nical correction and simplification bill In effect, it is not really possible to sustain holds at least 10 percent but no more designed to correct inequities in our exports to such markets in the long run. On than 50 percent of the stock. Along Code and to help place U.S. companies a net basis, it is highly doubtful that U.S. di- with creating administrative night- on a level playing field with their for- rect investment abroad reduces U.S. exports or displaces U.S. jobs. Indeed, U.S. direct in- mares for U.S. companies that may eign competitors. Without these cor- vestment abroad stimulates U.S. companies have hundreds of such foreign joint rections, American companies will lose to be more competitive internationally, venture operations, these rules impede ground vis-a-vis their foreign counter- which can generate U.S. exports and jobs. the ability of U.S. companies to com- parts, which will weaken their ability Equally important, U.S. direct investment pete in foreign markets. to operate successfully at home and abroad allows U.S. firms to allocate their re- Today, United States businesses find harm our Nation’s economic potential. sources more efficiently, thus creating it necessary to operate in joint ven- Americans are the most creative and healthier domestic operations, which, in tures overseas, particularly in emerg- turn tend to create jobs. competitive workers in the world, and ing markets such as the People’s Re- releasing them from unnecessary con- Overseas operations are frequently public of China and the former Soviet straints at home will help us maintain necessary to reduce costs of production Union. Such joint ventures are nec- our economic lead in the world market- and transportation, and locating facili- essary often times because U.S. inves- place—guaranteeing quality, high-pay- ties abroad increases brand familiarity. tors face significant local country legal ing jobs at home and a stronger na- Within the United States, export re- and political obstacles to taking a con- tional economy.∑ lated jobs pay on average a signifi- trolling interest in foreign companies. cantly higher wage than non-export re- This is particularly the case for tele- ∑ Mr. D’AMATO. Mr. President, today I lated jobs. All of these factors combine communications companies and other am pleased to join my friend and col- to strengthen the U.S. parent company regulated businesses. While such joint league, Senator PRESSLER, as an origi- and bolster our economy here at home. ventures are thus necessary for U.S. nal cosponsor of the International Tax The compliance costs associated with companies to enter and compete in for- Simplification for American Competi- filing a tax return for overseas business eign markets, our current tax law acts tiveness Act. This important bill will operations of a U.S.-based company are to discourage such operations. begin the process of dismantling tax staggering. My state of South Dakota Our bill would eliminate the needless barriers that hinder American busi- is home to the credit card headquarters administrative hassles of current law nesses who find themselves in an in- of Citibank. In its printed form, the and put U.S.-backed joint ventures on creasingly competitive global market- Federal income tax return form for equal footing with competitors from place. Although American firms have Citibank stands over 9 feet high—tak- other countries by replacing the 10–50 succeeded to date in spite of the cur- ing tens of thousands of hours to com- separate foreign tax credit limitation. rent complexity and unfairness of our plete. The compliance cost burden as- The proposal would provide for so- international tax regime, the added sociated with the foreign source in- called look-through treatment. That is, costs imposed by our tax rules take come taxation rules is disproportionate income from such entities would be their toll. We must move to identify to the amount of tax raised by these computed for purposes of the foreign and eliminate those harmful and un- sections. For example, a 1989 study by tax credit limitation based on the unnecessary provisions that stand in the the University of Michigan Office of derlying character of the income way of a continuing leadership role for Tax Policy Research, quoted in recent earned by such corporations, as is the American business in world markets. Financial Executives Research Foun- case for income earned through con- New York is home to many indus- dation report, states that 39.2 percent trolled foreign corporations. tries that are driven by global competi- of Federal income tax costs are attrib- Another important correction to cur- tion. Industries like the securities and utable to foreign source income, while rent rules relates to Foreign Sales Cor- banking industries, computer and foreign operations represent only 21 poration [FSC] treatment for software. other high technology firms, and percent of assets, 24 percent of sales, Ten years ago we did not have the level countless other businesses in my State and 18 percent of employment. And a of software exports that we do today, must have fair treatment at home in 1993 survey of 17 large multinationals and because the tax laws have not kept order to compete effectively abroad. indicates an even higher percentage of up with the changes in the high-tech- For example, during the last decade Federal income tax compliance costs nology business world, software ex- the securities industry has been trans- are attributable to foreign source in- ports are currently discriminated formed from a largely domestic-ori- come (51 percent)—indicating that against by our own Tax Code. This bill ented industry to an industry in which compliance costs associated with for- would provide a legislative modifica- U.S. and international financial insti- eign source income amount to 8.5 per- tion to the FSC statute to provide the tutions compete against each other in cent of the Federal income tax col- same tax benefits for licenses of com- the principal capital markets around lected from this source. In comparison, puter software as are currently avail- the world. U.S.-based securities firms a European Commission report found able for films, records, and tapes. The are recognized leaders in their industry that among European multinational United States is currently the world worldwide. Maintaining this position is corporations, there is no evidence that leader in software development, em- important not only for these firms, but compliance costs are higher for foreign ploying approximately 400,000 people in also for their U.S. employees and for than domestic source income. high-paying software development and their U.S. customers who benefit from The bill I am introducing today seeks servicing jobs. Much of the growth ex- the innovative products and services to simplify and correct various areas in perienced by this industry is due to in- offered by U.S.-based securities firms. the Code that are unnecessarily re- creased exports. The denial of the bene- straining U.S. businesses. Some fits of the FSC rules to software sold Unfortunately, Mr. President, U.S. changes are areas in need of repair, and overseas ultimately harms the U.S. tax law has failed to keep pace with some changes are to take into consid- economy by constructing an impedi- the rapid changes in the world econ- eration international business oper- ment to the competitiveness of U.S. omy. The international provisions of ations that exist today, but which were manufactured software. If theses ex- the Internal Revenue Code were last domestic-only or nonexistent busi- ports are not given FSC benefits, many substantially debated and revised in nesses when the 1986 tax reform laws of these jobs could eventually move to 1986. And in many cases, our foreign were implemented. other countries. The potential loss of competitors operate under simpler, One of the most substantive and im- these jobs would hurt our economy. My fairer, and more logical tax regimes. portant changes included in the bill bill corrects this inequity. This mismatch between commercial re- would repeal the so-called 10/50 foreign The goal of the international tax ality and the U.S. Tax Code creates a tax credit basket rules that force U.S. simplification for American competi- structural bias against the inter- corporations to calculate separate for- tiveness bill is to give fair tax treat- national activities of U.S. companies. eign tax credit limitations for each of ment to American companies who oper- This cannot and should not be allowed its foreign joint venture businesses— ate abroad. This bill is truly a tech- to continue.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10689 The International Tax Simplification in the global economy while fairly tax- station, a rescue helicopter can load for American Competitiveness Act ac- ing their profits. that diver and immediately depart for knowledges and addresses a number of I look forward to working with the the rescue situation without any delay. problems our tax laws create for Amer- cosponsors of this bill and with the A recent episode in the North Atlan- ican businesses facing increasing glob- members of the Finance Committee tic off Massachusetts amply illustrates al competition. This bill represents an and ultimately with all of my col- how the program this legislation would important step toward correcting com- leagues in restructuring and simpli- establish could make a vital contribu- plexities of the antideferral rules under fying the Tax Code to benefit all of our tion. In the early hours of September 5, subpart F, including their inappro- citizens.∑ the fishing vessel Heather Lynne II car- priate application to active financing rying a crew of three capsized. The res- income of bona fide financial institu- By Mr. KERRY: cue helicopter was unable to bring a tions and the current definition of in- S. 2087. A bill to direct the Secretary diver with it because none was avail- vestment in U.S. property, and exces- of the department in which the Coast able when the emergency call was re- sive limitations on the use of foreign Guard is operating to provide rescue ceived. After reaching the site of the tax credits. diver training under the Coast Guard capsized vessel, and determining that a Mr. President, the U.S. business com- helicopter rescue swimming training diver was needed, the helicopter had to munity has had significant input in the program; to the Committee on Com- return to the mainland to pick up a development of this bill. This proposed merce, Science, and Transportation. diver. A considerable amount of time legislation now will be evaluated and THE RESCUE DIVER TRAINING ACT OF 1996 was lost in this process. studied, and I welcome suggestions for Mr. KERRY. Mr. President, today I The Coast Guard is charged with its further improvement. It is my in- am introducing the Rescue Diver maintaining constant vigilance—to tention, as our analysis progresses, Training Act of 1996. This bill would protect lives and property on our wa- that we include other important issues provide required Congressional author- terways and to enforce our maritime, not currently addressed in the bill, ization for the Coast Guard to expand immigration, antidrug, and other laws. such as the appropriate allocation of its current use of Coast Guard divers to In my judgment, it has performed capa- interest expenses for foreign tax credit form a broader search and rescue mis- bly and honorably throughout its his- purposes, particularly for highly lever- sion application. tory, and Americans should take both aged entities such as securities firms. I want to acknowledge my distin- considerable pride and comfort in that I look forward to working with Sen- guished colleague from Massachusetts, knowledge. Congressman GERRY STUDDS, who is ator PRESSLER on this important bill, It is the Congress’ responsibility to the author of the Coast Guard Rescue and urge my colleagues on both sides provide the Coast Guard with the re- Swimmer Training Program which this to become cosponsors.∑ sources it needs to perform its mis- legislation amends and with whom I ∑ Mr. BAUCUS. Mr. President, I am pleased sions. This legislation will enhance the have worked in developing this legisla- to be a co-sponsor of the bipartisan ‘‘Inter- service’s resources for its search and national Tax Simplification for American tion which he will introduce in the rescue mission, and increase its ability Competitiveness Act.’’ House. to save lives and property. All who use In 1997, Congress will take up tax re- The Coast Guard has used its divers, our waterways and oceans will be safer form. Discussions will range from re- trained at the Naval Diving School in as a result. placing the current system to fixing Panama City, FL, only for salvage op- what we have. Many Montanans ask erations associated with Coast Guard Mr. President, this legislation should me: How should we make taxes fairer aids to navigation and ice-breaking be approved by the Congress as soon as for parents who are raising and edu- missions. This bill would authorize the possible—I hope it will be this year. cating their children, encourage our Coast Guard to develop and implement I ask unanimous consent that the entrepreneurs to create and expand a program to extend the use of these full text of the legislation be printed in their businesses, and encourage all citi- highly trained divers to search and res- the RECORD. zens to save? cue efforts. There being no objection, the bill was Our international tax provisions also Under current search and rescue pro- ordered to be printed in the RECORD, as need reform. The bill we introduce cedures, the Coast Guard will dispatch follows: today is a placeholder to keep inter- a helicopter when a ship is reported to S. 2087 national tax reform on the legislative be in distress or a marine accident is Be it enacted by the Senate and House of Rep- radar screen. reported. When it is anticipated that a resentatives of the United States of America in As you can tell from the list of co- diver may be needed to assist in a res- Congress assembled, sponsors, Mr. President, a number of cue, the Coast Guard uses contract per- SECTION 1. SHORT TITLE. Members have made contributions to sonnel who usually are volunteer po- This Act may be cited as the ‘‘Rescue the bill before us. Am I comfortable licemen, firemen, or local State marine Diver Training Act of 1996.’’. with every provision in the bill as writ- policemen who have had specialized SEC. 2. RESCUE DIVER TRAINING FOR SELECTED ten? No, I’m not. But I am comfortable diver training. A call will be made to COAST GUARD PERSONNEL. every provision in the bill merits our secure the services of a diver, and the The Secretary of the department in which consideration. helicopter will wait to depart until the the Coast Guard is operating may provide The Finance Committee will take up diver reaches its station, or it will fly rescue diver training to selected Coast Guard personnel, under the helicopter rescue swim- tax reform next year. We will consider to another location to pick up the ming program conducted under section 9 of simplification of the international tax diver—all before it flies to the rescue the Coast Guard Authorization Act of 1984 (14 provisions in that context. I hope that scene. This often results in the heli- U.S.C. 88 note). the bill we introduce today will estab- copter being delayed—even if only a lish the parameters from which the Fi- few minutes—in reaching the rescue f nance Committee addresses the need to scene. Sometimes no diver is available simplify our international tax provi- within a reasonable period of time, in ADDITIONAL COSPONSORS sions. We will hear from a number of which case the helicopter proceeds to witnesses ranging from the business the scene with no diver on board. S. 45 community to the Department of The program that this legislation At the request of Mr. FEINGOLD, the Treasury and, no doubt, the language will establish is designed both to speed name of the Senator from Oregon [Mr. before us will undergo change. this process in the realization that, in WYDEN] was added as a cosponsor of S. We live in a global economy, Mr. rescue situations, minutes and even 45, a bill to amend the Helium Act to President. Many businesses in Montana seconds can mean life or death—espe- require the Secretary of the Interior to sell products directly or indirectly into cially in the waters off our northern sell Federal real and personal property that global economy. The international coasts, and to provide a pool of divers held in connection with activities car- tax provisions should be simplified to within the Coast Guard. Where a quali- ried out under the Helium Act, and for make American companies competitive fied diver is available at a Coast Guard other purposes.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10690 CONGRESSIONAL RECORD — SENATE September 17, 1996 S. 877 effective action against the production will take appropriate action to combat the At the request of Mrs. HUTCHISON, the of and trafficking in illicit narcotics intolerable religious persecution now victim- name of the Senator from North Caro- and psychotropic drugs and other con- izing fellow believers and those of other faiths’’; lina [Mr. FAIRCLOTH] was added as a co- trolled substances, and for other pur- Whereas the World Evangelical Fellowship sponsor of S. 877, a bill to amend sec- poses. has declared September 29, 1996, and each an- tion 353 of the Public Health Service SENATE RESOLUTION 274 nual last Sunday in September, as an inter- Act to exempt physician office labora- At the request of Mrs. FEINSTEIN, the national day of prayer on behalf of per- tories from the clinical laboratories re- names of the Senator from Washington secuted Christians. That day will be observed quirements of that section. [Mrs. MURRAY], the Senator from by numerous churches and human rights groups around the world; S. 953 North Dakota [Mr. DORGAN], the Sen- Whereas the United States of America At the request of Mr. CHAFEE, the ator from Connecticut [Mr. DODD], the since its founding has been a harbor of refuge name of the Senator from Idaho [Mr. Senator from Kentucky [Mr. FORD], the and freedom to worship for believers from CRAIG] was added as a cosponsor of S. Senator from Montana [Mr. BURNS], John Winthrop to Roger Williams to William 953, a bill to require the Secretary of and the Senator from Massachusetts Penn, and a haven for the oppressed. To this the Treasury to mint coins in com- [Mr. KENNEDY] were added as cospon- day, the United States continues to guar- memoration of black revolutionary war sors of Senate Resolution 274, a resolu- antee freedom of worship in this country for patriots. tion to express the sense of the Senate people of all faiths; Whereas as a part of its commitment to S. 1220 regarding the outstanding achieve- human rights around the world, in the past At the request of Mrs. BOXER, the ments of NetDay96. the United States has used its international name of the Senator from Oregon [Mr. f leadership to vigorously take up the cause of WYDEN] was added as a cosponsor of S. SENATE CONCURRENT RESOLU- other persecuted religious minorities. Unfor- 1220, a bill to provide that Members of tunately, the United States has in many in- TION 71—RELATIVE TO THE PER- stances failed to raise forcefully the issue of Congress shall not be paid during Fed- SECUTION OF CHRISTIANS eral Government shutdowns. anti-Christian persecution at international WORLDWIDE conventions and in bilateral relations with S. 1675 Mr. NICKLES (for himself, Mr. NUNN, offering countries; now, therefore, be it At the request of Mr. BIDEN, the Resolved, That the Senate, the House of Mr. COATS, Mr. ASHCROFT, and Mr. name of the Senator from Massachu- Representatives concurring— HELMS) submitted the following con- setts [Mr. KERRY] was added as a co- (1) unequivocally condemns the egregious current resolution; which was consid- sponsor of S. 1675, a bill to provide for human rights abuses and denials of religious ered and agreed to: the nationwide tracking of convicted liberty to Christians around the world, and sexual predators, and for other pur- S. CON. RES. 71 calls upon the responsible regimes to cease such abuses; and poses. Whereas oppression and persecution of religious minorities around the world has (2) strongly recommends that the Presi- S. 1963 emerged as one of the most compelling dent expand and invigorate the United At the request of Mr. ROCKEFELLER, human rights issues of the day. In par- States’ international advocacy on behalf of the names of the Senator from Idaho ticular, the worldwide persecution and mar- persecuted Christians, and initiate a thor- [Mr. CRAIG] and the Senator from Ne- tyrdom of Christians persists at alarming ough examination of all United States’ policies that affect persecuted Christians; and braska [Mr. EXON] were added as co- levels. This is an affront to the international moral community and to all people of con- (3) encourages the President to proceed for- sponsors of S. 1963, a bill to establish a ward as expeditiously as possible in appoint- demonstration project to study and science. Whereas in many places throughout the ing a White House Special Advisor on reli- provide coverage of routine patient world, Christians are restricted in or forbid- gious persecution; and care costs for Medicare beneficiaries den from practicing their faith, victimized (4) recognizes and applauds a day of prayer with cancer who are enrolled in an ap- by a ‘‘religious apartheid’’ that subjects on Sunday, September 29, 1996, recognizing proved clinical trial program. them to inhumane, humiliating treatment, the plight of persecuted Christians worldwide. S. 1978 and in certain cases are imprisoned, tor- tured, enslaved, or killed; At the request of Mr. DORGAN, the f Whereas severe persecution of Christians is name of the Senator from Alabama also occurring in such countries as Sudan, SENATE RESOLUTION 293—SALUT- [Mr. HEFLIN] was added as a cosponsor Cuba, Morocco, Saudi Arabia, China, Paki- ING THE SERVICE OF HOWARD O. of S. 1978, a bill to establish an Emer- stan, North Korea, Egypt, Laos, Vietnam, GREENE, JR. TO THE U.S. SEN- gency Commission To End the Trade and certain countries in the former Soviet ATE Deficit. Union, to name merely a few; Mr. LOTT (for himself, Mr. DASCHLE, S. 2034 Whereas religious liberty is a universal right explicitly recognized in numerous Mr. STEVENS, Mr. BYRD, Mr. WARNER, At the request of Mr. BREAUX, the international agreements, including the Uni- Mr. SIMPSON, Mrs. KASSEBAUM, Mr. name of the Senator from North Da- versal Declaration of Human Rights and the FORD, Mr. ROCKEFELLER, Mr. LEVIN, kota [Mr. DORGAN] was added as a co- International Covenant on Civil and Polit- Mr. GRASSLEY, Mr. COVERDELL, and Mr. sponsor of S. 2034, a bill to amend title ical Rights; FRIST) submitted the following resolu- XVIII of the Social Security Act to Whereas Pope John Paul II recently sound- tion; which was considered and agreed make certain changes to hospice care ed a call against regimes that ‘‘practice dis- to: under the Medicare Program. crimination against Jews, Christians, and other religious groups, going even so far as S. RES. 293 S. 2040 to refuse them the right to meet in private Whereas Howard O. Green, Jr. has served At the request of Mr. HATCH, the for prayer,’’ declaring that ‘‘this is an intol- the United States Senate since January 1968. names of the Senator from Illinois [Ms. erable and unjustifiable violation not only of Whereas Mr. Greene has during his Senate MOSELEY-BRAUN] and the Senator from all the norms of current international law, career served in the capacities of Door- Pennsylvania [Mr. SPECTER] were but of the most fundamental human free- keeper, Republican Cloakroom Assistant, As- added as cosponsors of S. 2040, a bill to dom, that of practicing one’s faith openly,’’ sistant Secretary for the Minority, Sec- amend the Controlled Substances Act stating that this is for human beings ‘‘their retary for the Minority, Secretary for the to provide a penalty for the use of a reason for living’’; Majority, culminating in his election as Sen- Whereas the National Association of ate Sergeant-at-Arms during the 104th Con- controlled substance with the intent to Evangelicals in January 1996 issued a ‘‘State- gress. rape, and for other purposes. ment of Conscience and Call to Action,’’ sub- Whereas throughout his Senate career Mr. S. 2053 sequently commended or endorsed by the Greene has been a reliable source of advice At the request of Mr. GRASSLEY, the Southern Baptist Convention, the Executive and counsel to Senators and Senate staff name of the Senator from North Caro- Council of the Episcopal Church, and the alike. General Assembly of the Presbyterian Whereas Mr. Greene’s institutional knowl- lina [Mr. HELMS] was added as a co- Church, U.S.A. They pledged to end their edge and legislative skills are well known sponsor of S. 2053, a bill to strengthen ‘‘silence in the face of the suffering of all and respected. narcotics reporting requirements and those persecuted for their religious faith’’ Whereas Mr. Greene’s more than 28 years to require the imposition of certain and ‘‘to do what is in our power to the end of service have been characterized by a deep sanctions on countries that fail to take that the government of the United States and abiding respect for the institution and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10691 customs of the United States Senate: There- THE DEPARTMENT OF THE INTE- prove Flathead Lake. And that brings fore, be it RIOR AND RELATED AGENCIES me to the amendment now before us. Resolved, That the Senate salutes Howard APPROPRIATIONS ACT, 1997 The U.S. Fish and Wildlife Service O. Greene, Jr. for his career of public service has asked the Federal Energy Regu- to the United States Senate and its mem- latory Commission for approval to con- bers. Section 2. The Secretary of the Senate BAUCUS AMENDMENT NO. 5357 struct an 8,700-foot-long retaining wall, shall transmit a copy of this resolution to (Ordered to lie on the table.) at the cost of $10 to $14 million, near Howard O. Greene, Jr. Mr. BAUCUS submitted an amend- the north shore of the lake. In theory, this great wall would pre- f ment intended to be proposed by him to the bill (H.R. 3662) making appro- vent shore erosion and restore water- SENATE RESOLUTION 294—TO priations for the Department of the In- fowl habitat. These are commendable PROVIDE FOR SEVERANCE PAY terior and related agencies for the fis- goals. But the cost of this proposal out- cal year ending September 30, 1997, and weighs any possible benefits. Mr. STEVENS submitted the fol- The view of the lake from the town of for other purposes; as follows: lowing resolution; which was consid- Bigfork, for example, would be ruined. ered and agreed to: At the appropriate place in title I, insert Boaters would see a neo-industrial the following: S. RES. 294 monstrosity instead of a peaceful Resolved, (a) That the individual who was SEC. 1. KERR HYDROELECTRIC PROJECT. shore. It is a bad idea, and my amend- the Sergeant at Arms and Doorkeeper of the For fiscal year 1997 and each fiscal year thereafter, the Secretary of the Interior ment would nip this weed in the bud by Senate on September 1, 1996, and whose serv- prohibiting construction of this wall. ice as the Sergeant at Arms and Doorkeeper shall not recommend that the Federal En- ergy Regulatory Commission impose, and Frankly, the Fish and Wildlife Serv- of the Senate terminated on or after Sep- ice doesn’t need to mandate lowering tember 1, 1996 but prior to September 6, 1996, the Commission shall not impose, as a condi- shall be entitled to one lump sum payment tion to the modification of the Kerr Hydro- the level of Flathead Lake. And it consisting of severance pay in an amount electric Project (FERC Project No. 5–021), a doesn’t need to mandate a big concrete equal to two months of the individual’s basic requirement to construct offshore revetment slab in the lake to stem shoreline ero- pay at the rate such individual was paid on structures in Flathead Lake, Montana. sion. If erosion is proven to be an ongo- September 1, 1996. ∑ Mr. BAUCUS. Mr. President; I sub- ing and significant problem, the Fish (b) The Secretary of the Senate shall make mit an amendment to H.R. 3662, the fis- and Wildlife Service needs to find un- payments under this resolution from funds cal year 1997 Interior appropriations obtrusive remedial measures that re- appropriated for fiscal year 1996 from the ap- bill. spect Flathead Lake and the people propriation account ‘‘Miscellaneous Items’’ From 1961 to his retirement from the within the contingent fund of the Senate. who enjoy it. (c) A payment under this resolution shall Senate in 1977, Montana’s Mike Mans- I believe this is just simple common not be treated as compensation for purposes field served as Senate majority leader. sense. One Great Wall of China is plen- of any provision of title 5, United States It was the longest term as majority ty. None of us will ever improve on Code, or of any other law relating to benefits leader in American history. what the Good Lord did when he cre- accruing from employment by the United During these years, the Senate ated Flathead Lake. Let us admit that States, and the period of entitlement to such passed the Voting Rights Act, created right now and pass this amendment. ∑ pay shall not be treated as a period of em- Medicare, passed the Clean Air and f ployment for purposes of any such provision Clean Water Acts, debated the Cuban of law. THE FEDERAL AVIATION missile crisis and the war in Vietnam. REAUTHORIZATION ACT OF 1996 f On all these issues and more, Mike was a respected national leader. AMENDMENTS SUBMITTED Yet when Mike was asked to reflect HEFLIN AMENDMENT NO. 5358 back on his years in the Senate and (Ordered to lie on the table.) identify his single proudest accom- Mr. HEFLIN submitted an amend- THE INTELLIGENCE AUTHORIZA- plishment, he responded, ‘‘saving Flat- TION ACT FOR FISCAL YEAR 1997 ment intended to be proposed by him head Lake from the Army Corps of En- to the bill (S. 1994) to amend title 49, gineers.’’ United States Code, to reauthorize pro- If you don’t know Montana; and you grams of the Federal Aviation Admin- SPECTER (AND KERREY) don’t know Flathead Lake; and you AMENDMENT NO. 5355 istration, and for other purposes; as don’t know Mike Mansfield, this an- follows: Mr. SPECTER (for himself and Mr. swer may come as a surprise. But for At the appropriate place, insert the fol- KERREY) proposed an amendment to those of us who know all three, this is lowing: the bill (S. 1718) to authorize appropria- perfectly easy to understand. SEC. 409. GADSDEN AIR DEPOT, ALABAMA. tions for fiscal year 1997 for intel- Located in western Montana, be- (a) AUTHORITY TO GRANT WAIVERS.—Not- ligence and intelligence-related activi- tween Missoula and Kalispell, Flathead withstanding section 16 of the Federal Air- ties of the U.S. Government, the com- Lake is the largest fresh water lake in port Act (as in effect on May 4, 1949), the munity management account, and for the United States, outside of the Great Secretary is authorized, subject to the provi- the Central Intelligence Agency Re- Lakes. Surrounded by the Mission sions of section 47153 of title 49, United tirement and Disability System, and Mountains and the Swan Range to the States Code, and the provisions of subsection (b) of this section, to waive any of the terms for other purposes; as follows: west, it is a place of spectacular beau- contained in the deed of conveyances dated On page 72 strike out line 14 and all that ty. May 4, 1949, under which the United States follows through page 73, line 9. And it is also a place that is very conveyed certain property to the city of much a part of so many Montanans— Gadsden, Alabama, for airport purposes. including this Senator. From boating, (b) CONDITIONS.—Any waiver granted under THURMOND (AND NUNN) subsection (a) shall be subject to the fol- AMENDMENT NO. 5356 water skiing, fishing, or just sitting around a bonfire along the Lake’s lowing conditions: Mr. SPECTER (for Mr. THURMOND, (1) The city of Gadsden, Alabama, shall shore, Flathead Lake is a very special agree that, in conveying any interest in the for himself and Mr. NUNN) proposed an Montana place. amendment to the bill, S. 1718, supra; property which the United States conveyed The corps had a plan to radically to the city by a deed described in subsection as follows: raise the level of this lake, trans- (a), the city will receive an amount for such On page 52, beginning on line 18, strike out forming it forever and drowning many interest which is equal to the fair market ‘‘shall manage’’ and all that follows through of the coves, shorelines, and fishing value (as determined pursuant to regulations page 52, line 23, and insert in lieu thereof spots Montanans know so well. Mon- issued by the Secretary). ‘‘shall assist the Director of Central Intel- (2) Any such amount so received by the ligence in carrying out the Director’s collec- tanans liked it just the way it was— city shall be used by the city for the develop- tion responsibilities in order to ensure the and we still do today. ment, improvement, operation, or mainte- efficient and effective collection of national Yet some folks outside Montana just nance of (A) a public airport, or (B) lands (in- intelligence.’’’. don’t get it. They think they can im- cluding any improvements thereto) which

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10692 CONGRESSIONAL RECORD — SENATE September 17, 1996 produce revenues that are used for airport Sec. 302. Family advocacy. Sec. 672. Purposes. development purposes. Sec. 303. Accident and safety data classifica- Sec. 673. User fees for various Federal Avia- Conform the table of contents of the bill action; report on effects of publi- tion Administration services. cordingly. cation and automated surveil- Sec. 674. Independent assessment and task lance targeting systems. force to review existing and in- Sec. 304. Weapons and explosive detection novative funding mechanisms. REID AMENDMENT NO. 5359 study. Sec. 675. Procedure for consideration of cer- (Ordered to lie on the table.) Sec. 305. Requirement for criminal history tain funding proposals. Mr. REID submitted an amendment records checks. Sec. 676. Administrative provisions. intended to be proposed by him to the Sec. 306. Interim deployment of commer- Sec. 677. Advance appropriations for Airport and Airway Trust Fund activi- bill, S. 1994, supra; as follows: cially available explosive detection equipment. ties. At the appropriate place, insert the fol- Sec. 307. Audit of performance of back- Sec. 678. Rural Air Service Survival Act. lowing new section: ground checks for certain per- TITLE VII—PILOT RECORDS SEC. . SENSE OF THE SENATE. sonnel. Sec. 701. Short title. (a) FINDINGS.—The Senate finds that— Sec. 308. Sense of the Senate on passenger Sec. 702. Employment investigations of pilot (1) there has been an intensification in the profiling. applicants. oppression and disregard for human life Sec. 309. Authority to use certain funds for Sec. 703. Study of minimum standards for among nations that are willing to export ter- airport security programs and pilot qualifications. rorism: activities. TITLE VIII—ABOLITION OF BOARD OF (2) there has been an increase in attempts Sec. 310. Development of aviation security REVIEW by criminal terrorists to murder airline pas- liaison agreement. sengers through the destruction of civilian Sec. 311. Regular joint threat assessments. Sec. 801. Abolition of Board of Review and airliners and the deliberate fear and death Sec. 312. Baggage match report. related authority. inflicted through bombings of buildings and Sec. 313. Enhanced security programs. Sec. 802. Sense of the Senate. the kidnapping of tourists and Americans re- Sec. 314. Report on air cargo. Sec. 803. Conforming amendments in other law. siding abroad; and TITLE IV—MISCELLANEOUS POVISIONS (3) information widely available dem- Sec. 804. Definitions. Sec. 401. Acquisition of housing units. Sec. 805. Increase in number of Presi- onstrates that a significant portion of inter- Sec. 402. Protection of voluntarily sub- dentially appointed members of national terrorist activity is state-spon- mitted information. Board. sored, -organized, -condoned, or -directed. Sec. 403. Application of FAA regulations. Sec. 806. Reconstituted Board to function (b) SENSE OF THE SENATE.—It is the sense Sec. 404. Sense of the Senate regarding the without interruption. of the Senate that if evidence establishes be- funding of the Federal Aviation Sec. 807. Operational slots at National Air- yond a clear and reasonable doubt that any Administration. port. act of hostility towards any United States Sec. 405. Authorization for State-specific Sec. 808. Airports authority support of citizen was an act of international terrorism safety measures. Board. sponsored, organized, condoned, or directed Sec. 406. Sense of the Senate regarding the by any nation, a state of war should be con- TITLE IX—AIRPORT REVENUE air ambulance exemption from PROTECTION sidered to exist or to have existed between certain Federal excise taxes. the United States of America and that na- Sec. 901. Short title. Sec. 407. FAA safety mission. Sec. 902. Findings; purpose. tion, beginning as of the moment that the Sec. 408. Carriage of candidates in State and act of aggression occurs. Sec. 903. Definitions. local elections. Sec. 904. Restriction on use of airport reve- Sec. 409. Train whistle requirements. nues. PRESSLER (AND OTHERS) Sec. 410. Limitation on authority of States Sec. 905. Regulations; audits and account- AMENDMENT NO. 5360 to regulate gambling devices on ability. vessels. Mr. MCCAIN (for Mr. PRESSLER, for Sec. 906. Conforming amendments to the In- TITLE V—COMMERCIAL SPACE LAUNCH ternal Revenue Code of 1986. himself, Mr. MCCAIN, Mr. HOLLINGS, ACT AMENDMENTS SEC. 2. AMENDMENTS TO TITLE 49, UNITED Mr. FORD, and Mr. STEVENS) proposed Sec. 501. Commercial space launch amend- STATES CODE. an amendment to the bill, S. 1994, ments. Except as otherwise specifically provided, supra; as follows: TITLE VI—AIR TRAFFIC MANAGEMENT whenever in this Act an amendment or re- Strike out all after the enacting clause and SYSTEM PERFORMANCE IMPROVE- peal is expressed in terms of an amendment insert the following: MENT ACT to, or repeal of, a section or other provision of law, the reference shall be considered to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 601. Short title. (a) SHORT TITLE.—This Act may be cited as be made to a section or other provision of Sec. 602. Definitions. title 49, United States Code. the ‘‘Federal Aviation Reauthorization Act Sec. 603. Effective date. of 1996’’. TITLE I—REAUTHORIZATION OF FAA Subtitle A—General Provisions (b) TABLE OF CONTENTS. PROGRAMS Sec. 621. Findings. Sec. 1. Short title; Table of contents. SEC. 101. FEDERAL AVIATION ADMINISTRATION Sec. 2. Amendments to title 49, United Sec. 622. Purposes. OPERATIONS. Sec. 623. Regulation of civilian air transpor- States Code. (a) AUTHORIZATION OF APPROPRIATIONS tation and related services by FROM GENERAL FUND.—Section 106(k) is TITLE I—REAUTHORIZATION OF FAA the Federal Aviation Adminis- PROGRAMS amended— tration and Department of (1) by striking ‘‘and’’ after ‘‘1995,’’; and Sec. 101. Federal Aviation Administration Transportation. (2) by inserting before the period at the end operations. Sec. 624. Regulations. the following: ‘‘, and $5,000,000,000 for fiscal Sec. 102. Air navigation facilities. Sec. 625. Personnel and services. year 1997.’’. Sec. 103. Research and development. Sec. 626. Contracts. (b) AUTHORIZATION OF APPROPRIATIONS Sec. 104. Airport improvement program. Sec. 627. Facilities. FROM TRUST FUND.—Section 48104(b) is Sec. 105. Interaccount flexibility. Sec. 628. Property. amended— TITLE II—AIRPORT IMPROVEMENT Sec. 629. Transfers of funds from other Fed- (1) in the subsection heading by striking PROGRAM MODIFICATIONS eral agencies. ‘‘FOR FISCAL YEARS 1993’’; and Sec. 201. Pavement maintenance program. Sec. 630. Management Advisory Council. (2) by striking the phrase ‘‘for fiscal year Sec. 202. Maximum percentages of amount Sec. 631. Aircraft engine standards. 1993’’. made available for grants to Sec. 632. Rural air fare study. (c) CLERICAL AMENDMENT.—Section 48108 is certain primary airports. Subtitle B—Federal Aviation Administration amended by striking subsection (c). Sec. 203. Discretionary fund. Streamlining Programs SEC. 102. AIR NAVIGATION FACILITIES. Sec. 204. Designating current and former Sec. 651. Review of acquisition management Section 48101(a) is amended by adding at military airports. system. the end the following: Sec. 205. State block grant program. Sec. 652. Air traffic control modernization ‘‘(5) For the fiscal years ending September Sec. 206. Access to airports by intercity reviews. 30, 1991–1997, $17,929,000,000.’’. buses. Sec. 653. Federal Aviation Administration SEC. 103. RESEARCH AND DEVELOPMENT. TITLE III—AIRPORT SAFETY AND personnel management system. Section 48102(a) is amended by striking SECURITY Sec. 654. Conforming amendment. ‘‘title:’’ and all that follows through the end Sec. 301. Report including proposed legisla- Subtitle C—System To Fund Certain Federal of the subsection, and inserting the fol- tion on funding for airport se- Aviation Administration Functions lowing: ‘‘title, $206,000,000 for fiscal year curity. Sec. 671. Findings. 1997.’’.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10693

SEC. 104. AIRPORT IMPROVEMENT PROGRAM. (1) USE OF AIP GRANTS.—Section 47102(3) is ‘‘(a) GENERAL REQUIREMENTS.—The Sec- (a) AUTHORIZATION OF APPROPRIATIONS.— amended— retary of Transportation shall designate cur- Section 48103 is amended— (A) in subparagraph (E) by inserting ‘‘or rent or former military airports for which (1) by striking ‘‘and $21,958,500,000’’ and in- under section 40117’’ before the period at the grants may be made under section serting ‘‘$19,200,500,000’’; and end; and 47117(e)(1)(E) of this title. The maximum (2) by inserting before the period at the end (B) in subparagraph (F) by striking ‘‘paid number of airports bearing such designation the following: ‘‘, $21,480,500,000 for fiscal for by a grant under this subchapter and’’. at any time is 12. The Secretary may only so years ending before October 1, 1997.’’ (2) USE OF PASSENGER FACILITY CHARGES.— designate an airport (other than an airport (b) OBLIGATIONAL AUTHORITY.—Section Section 40117(a)(3) is amended— so designated before August 24, 1994) if— 47104(c) is amended by striking ‘‘1996’’ and in- (A) by inserting ‘‘and’’ at the end of sub- ‘‘(1) the airport is a former military instal- serting ‘‘1997’’. paragraph (D); lation closed or realigned under— SEC. 105. INTERACCOUNT FLEXIBILITY. (B) by striking ‘‘; and’’ at the end of sub- ‘‘(A) section 2687 of title 10; Section 106 is amended by adding at the paragraph (E) and inserting a period; and ‘‘(B) section 201 of the Defense Authoriza- end the following new subsection: (C) by striking subparagraph (F). tion Amendments and Base Closure and Re- ‘‘(l) INTERACCOUNT FLEXIBILITY.— (c) CONFORMING AMENDMENT.—The chapter alignment Act (10 U.S.C. 2687 note); or ‘‘(1) Except as provided in paragraph (2), analysis for subchapter I of chapter 471 is ‘‘(C) section 2905 of the Defense Base Clo- the Administrator may transfer budget au- amended by inserting after the item relating sure and Realignment Act of 1990 (10 U.S.C. thority derived from trust funds among ap- to section 47131 the following new item: 2687 note); or propriations authorized by subsection (k) ‘‘47132. Pavement maintenance.’’. ‘‘(2) the Secretary finds that such grants would— and sections 48101 and 48102, if the aggregate SEC. 202. MAXIMUM PERCENTAGES OF AMOUNT estimated outlays in such accounts in the MADE AVAILABLE FOR GRANTS TO ‘‘(A) reduce delays at an airport with more fiscal year in which the transfers are made CERTAIN PRIMARY AIRPORTS. than 20,000 hours of annual delays in com- will not be increased as a result of such Section 47114 is amended by adding at the mercial passenger aircraft takeoffs and land- transfer. end thereof the following: ings; or ‘‘(2) The transfer of budget authority under ‘‘(g) SLIDING SCALE.— ‘‘(B) enhance airport and air traffic control paragraph (1) may be made only to the ex- ‘‘(1) Notwithstanding any other provision system capacity in a metropolitan area or tent that outlays do not exceed the aggre- of this title, of the amount newly made reduce current and projected flight delays.’’. gate estimated outlays. available under section 48103 of this title for (b) ADDITIONAL DESIGNATION PERIODS.— ‘‘(3) A transfer of budget authority under fiscal year 1997 to make grants, not more Section 47118(d) is amended by striking ‘‘des- paragraph (1) may not result in a net de- than the percentage of such amount newly ignation.’’ and inserting ‘‘designation, and crease of more than 5 percent, or a net in- made available that is specified in paragraph for subsequent 5-fiscal-year periods if the crease of more than 10 percent, in the budget (2) shall be distributed in total in such fiscal Secretary determine that the airport satis- authority available under any appropriation year for grants described in paragraph (3). fies the designation criteria under sub- involved in that transfer. ‘‘(2) If the amount newly made available section (a) at the beginning of each such sub- ‘‘(4) Any action taken pursuant to this sec- is— sequent 5-fiscal-year period.’’. tion shall be treated as a reprogramming of ‘‘(A) not more than $1,150,000,000, then the (c) PARKING LOTS, FUEL FARMS, AND UTILI- funds that is subject to review by the appro- percentage is 47.0; TIES.—Subsection (f) of section 47118 is priate committees of the Congress. ‘‘(B) more than $1,150,000,000 but not more amended by striking ‘‘the fiscal years ending ‘‘(5) The Administrator may transfer budg- than $1,250,000,000, then the percentage is September 30, 1993–1996,’’ and inserting ‘‘for et authority pursuant to this section only 46.0; fiscal years beginning after September 30, after— ‘‘(C) more than $1,250,000,000 but not more 1992,’’. ‘‘(A) submitting a written explanation of than $1,350,000,000, then the percentage is (d) ONE-YEAR EXTENSION.—Section the proposed transfer to the Committees on 45.4; 47117(e)(1)(E) is amended by striking ‘‘and Transportation and Infrastructure and Ap- ‘‘(D) more than $1,350,000,000 but not more 1996,’’ and inserting ‘‘1996, and 1997,’’. propriations of the House of Representatives than $1,450,000,000, then the percentage is SEC. 205. STATE BLOCK GRANT PROGRAM. and the Committees on Commerce, Science, 44.8; or (a) PARTICIPATING STATES.—Section and Transportation and Appropriations of ‘‘(E) more than $1,450,000,000 but not more 47128(b) is amended— the Senate; and than $1,550,000,000, then the percentage is (1) by striking paragraph (2); ‘‘(B) 30 days have passed after the expla- 44.3. (2) by redesignating subparagraphs (A) nation is submitted and none of the commit- ‘‘(3) This subsection applies to the aggre- through (E) of paragraph (1) as paragraphs tees notifies the Administrator in writing gate amount of grants in a fiscal year for (1) through (5), respectively; and that it objects to the proposed transfer with- projects at those primary airports that each (3) by striking ‘‘(1) A State’’ and inserting in the 30 day period.’’. have not less than 0.25 per centum of the ‘‘A State’’. (b) USE OF STATE PRIORITY SYSTEM.—Sec- TITLE II—AIRPORT IMPROVEMENT total passenger boardings in the United tion 47128(c) is amended by adding at the end PROGRAM MODIFICATIONS States in the preceding calendar year.’’. SEC. 203. DISCRETIONARY FUND. the following: ‘‘In carrying out this sub- SEC. 201. PAVEMENT MAINTENANCE PROGRAM. Section 47115 is amended— section, the Secretary shall permit a State (a) PAVEMENT MAINTENANCE.—Chapter 471 (1) by striking ‘‘and’’ at the end of sub- to use the priority system of the State if is amended by adding the following section section (d)(2); and inserting a comma and the such system is not inconsistent with the na- at the end of subchapter I: following: ‘‘, including, in the case of a tional priority system.’’. ‘‘§ 47132. Pavement maintenance project at a reliever airport, the number of (c) CHANGE OF EXPIRATION DATE.—Section 47128(d) is amended by striking ‘‘1996’’ and ‘‘(a) IN GENERAL.—The Administrator of operations projected to be diverted from a the Federal Aviation Administration shall primary airport to that reliever airport as a inserting ‘‘1997’’. issue guidelines to carry out a pavement result of the project, as well as the cost sav- SEC. 206. ACCESS TO AIRPORTS BY INTERCITY maintenance pilot project to preserve and ings projected to be realized by users of the BUSES. extend the useful life of runways, taxiways, local airport system; and’’. Section 47107(a) is amended— and aprons at airports for which apportion- (2) by redesignating paragraph (3) of sub- (1) by striking ‘‘and’’ at the end of para- ments are made under section 47114(d). The section (d) as paragraph (4), and by inserting graph (18); regulations shall provide that the Adminis- after paragraph (2) of that subsection the fol- (2) by striking the period at the end of trator may designate not more than 10 lowing: paragraph (19) and inserting ‘‘; and’’; and projects. The regulations shall provide cri- ‘‘(3) the airport improvement priorities of (3) by adding at the end the following: teria for the Administrator to use in choos- the States, and regional offices of the Ad- ‘‘(20) the airport owner or operator will ing the projects. At least 2 such projects ministration, to the extent such priorities permit, to the maximum extent practicable, must be in States without a primary airport are not in conflict with paragraphs (1) and (2) intercity buses or other modes of transpor- that had 0.25 percent or more of the total of this subsection; and’’; tation to have access to the airport, but the boardings in the United States in the pre- (3) by redesignating the second subsection sponsor does not have any obligation under ceding calendar year. In designating a (f) as subsection (g); and this paragraph, or because of it, to fund spe- project, the Administrator shall take into (4) by adding at the end the following: cial facilities for intercity bus service or for consideration geographical, climatological, ‘‘(h) PRIORITY FOR LETTERS OF INTENT.—In other modes of transportation.’’. and soil diversity. making grants in a fiscal year with funds TITLE III—AIRPORT SAFETY AND ‘‘(b) EFFECTIVE DATE.—This section shall made available under this section, the Sec- SECURITY be effective beginning on the date of enact- retary shall fulfill intentions to obligate SEC. 301. REPORT INCLUDING PROPOSED LEGIS- ment of the Federal Aviation Reauthoriza- under section 47110(e).’’ LATION ON FUNDING FOR AIRPORT tion Act of 1996 and ending on September 30, SEC. 204. DESIGNATING CURRENT AND FORMER SECURITY. 1999.’’. MILITARY AIRPORTS. (a) IN GENERAL.—Not later than 30 days (b) COMPLIANCE WITH FEDERAL MAN- (a) GENERAL REQUIREMENTS.—Section after the date of enactment of this Act, the DATES.— 47118(a) is amended to read as follows: Administrator shall conduct a study and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10694 CONGRESSIONAL RECORD — SENATE September 17, 1996 submit to the Congress a report on whether, issue guidelines for the implementation of The Board shall respond to any request made and if so, how to transfer certain responsibil- the program established by the Board under by the Administrator under this section not ities of air carriers under Federal law for se- section 1136 of title 49, United States Code, later than 90 days after receiving that re- curity activities conducted onsite at airports as added by subsection (a). quest. to airport operators who are subject to sec- (c) CONFORMING AMENDMENT.—The chapter ‘‘(c) PRESENTATION OF FINAL CLASSIFICA- tion 44903 of title 49, United States Code, or analysis for subchapter III of chapter 11 of TIONS TO THE INTERNATIONAL CIVIL AVIATION to the Federal Government or providing for title 49, United States Code, is amended by ORGANIZATION.—Not later than 90 days after shared responsibilities between air carriers adding at the end the following: final classifications are issued under sub- and airport operators or the Federal Govern- ‘‘1136. Family advocacy.’’. section (b)(3), the Administrator shall— ment. ‘‘(1) present to the International Civil SEC. 303. ACCIDENT AND SAFETY DATA CLASSI- Aviation Organization the final classifica- (b) CONTENTS OF REPORT.—The report sub- FICATION; REPORT ON EFFECTS OF mitted under this section shall— PUBLICATION AND AUTOMATED tion system developed under this section; (1) examine potential sources of Federal SURVEILLANCE TARGETING SYS- and and non-Federal revenue that may be used to TEMS. ‘‘(2) seek the adoption of that system by fund security activities including but not (a) ACCIDENT AND SAFETY DATA CLASSIFICA- the International Civil Aviation Organiza- limited to providing grants from funds re- TION.— tion.’’. ceived as fees collected under a fee system (1) IN GENERAL.—Subchapter II of chapter (2) CONFORMING AMENDMENT.—The chapter established under subpart C of this title and 11 of title 49, United States Code, is amended analysis for subchapter II of chapter 11 of the amendments made by that subpart; and by adding at the end the following new sec- title 49, United States Code, is amended by (2) provide legislative proposals, if nection: adding at the end the following new item: essary, for accomplishing the transfer of re- ‘‘§ 1119. Accident and safety data classifica- ‘‘1119. Accident and safety data classification sponsibilities referred to in subsection (a). tion and publication and publication.’’. (c) CERTIFICATION OF SCREENING COMPA- UTOMATED URVEILLANCE ARGETING ‘‘(a) IN GENERAL.—Not later then 90 days (b) A S T NIES.—The Federal Aviation Administration after the date of enactment of this section, SYSTEMS.—Section 44713 is amended by add- is directed to certify companies providing se- the National Transportation Safety Board ing at the end the following new subsection: curity screening and to improve the training (hereafter in this section referred to as the ‘‘(e) AUTOMATED SURVEILLANCE TARGETING and testing of security screeners through de- ‘Board’) shall, in consultation and coordina- SYSTEMS.— velopment of uniform performance standards ‘‘(1) IN GENERAL.—The Administrator shall tion with the Administrator of the Federal for providing security screening services. give high priority to developing and deploy- Aviation Administration (hereafter in this ing a fully enhanced safety performance SEC. 302. FAMILY ADVOCACY. section referred to as the ‘Administrator’), analysis system that includes automated (a) IN GENERAL.—Subchapter III of chapter develop a system for classifying air carrier surveillance to assist the Administrator in 11 of title 49, United States Code, is amended accident and pertinent safety data main- prioritizing and targeting surveillance and by adding at the end the following new sec- tained by the Board. inspection activities of the Federal Aviation tion: ‘‘(b) REQUIREMENTS FOR CLASSIFICATION Administration. ‘‘§ 1136. Family advocacy SYSTEM.— ‘‘(2) DEADLINES FOR DEPLOYMENT.— N GENERAL ‘‘(a) IN GENERAL.—The National Transpor- ‘‘(1) I .—The system developed ‘‘(A) INITIAL PHASE.—The initial phase of tation Safety Board shall establish a pro- under this section shall provide for the clas- the operational deployment of the system gram consistent with its existing authority sification of accident and safety data in a developed under this subsection shall begin to provide family advocacy services for air- manner that, in comparison to the system in not later than December 31, 1997. craft accidents described in subsection (b)(1) effect on the date of enactment of this sec- ‘‘(B) FINAL PHASE.—The final phase of field and serve as the lead agency in coordinating tion, provides for— deployment of the system developed under the provision of the services described in ‘‘(A) safety-related categories that provide this subsection shall begin not later than De- subsection (b). The National Transportation clearer descriptions of the passenger safety cember 31, 1999. By that date, all principal Safety Board shall, as necessary, in carrying effects associated with air transportation; operations and maintenance inspectors of out the program, cooperate with the Sec- ‘‘(B) clearer descriptions of passenger safe- the Administration, and appropriate super- retary of Transportation, the Administrator ty concerns associated with air transpor- visors and analysts of the Administration of the Federal Aviation Administration, and tation accidents; and shall have been provided access to the nec- such other public and private organizations ‘‘(C) a report to the Congress by the Board essary information and resources to carry as may be appropriate. that describes methods for accurately in- out the system. ‘‘(b) FAMILY ADVOCACY SERVICES.— forming the public of the concerns referred ‘‘(3) INTEGRATION OF INFORMATION.—In de- ‘‘(1) IN GENERAL.—The National Transpor- to in subparagraph (B) through regular re- veloping the system under this section, the tation Safety Board shall work with an air porting of accident and safety data obtained Administration shall consider the near-term carrier involved in an accident in air com- through the system developed under this sec- integration of accident and incident data merce and facilitate the procurement by tion. into the safety performance analysis system that air carrier of the services of family ad- ‘‘(2) PUBLIC COMMENT.—Upon developing a under this subsection.’’. vocates who are not otherwise employed by system of classification under paragraph (1), SEC. 304. WEAPONS AND EXPLOSIVE DETECTION an air carrier and who are not employed by the Board shall provide adequate oppor- STUDY. the Federal Aviation Administration to, in tunity for public review and comment. (a) IN GENERAL.—The Administrator of the the event of an accident in air commerce— ‘‘(3) FINAL CLASSIFICATION.—After pro- Federal Aviation Administration (hereafter ‘‘(A) apply standards of conduct specified viding for public review and comment, and in this section referred to as the ‘‘Adminis- by the National Transportation Safety after consulting with the Administrator, the trator’’) shall enter into an arrangement Board; Board shall issue final classifications. The with the Director of the National Academy ‘‘(B) to the extent practicable, direct and Board shall ensure that air travel accident of Sciences (or if the National Academy of facilitate all communication among air car- and safety data covered under this section is Sciences is not available, the head of another riers, surviving passengers, families of pas- classified in accordance with the final classi- equivalent entity) to conduct a study in ac- sengers, news reporters, the Federal Govern- fications issued under this section for data cordance to this section. ment, and the governments of States and po- for calendar year 1997, and for each subse- (b) PANEL OF EXPERTS.— litical subdivisions thereof; quent calendar year. (1) IN GENERAL.—In carrying out a study ‘‘(C) coordinate with a representative of ‘‘(4) REPORT ON THE EFFECTS ASSOCIATED under this section, the Director of the Na- the air carrier to jointly direct the notifica- WITH PUBLICATION OF AIR TRANSPORTATION AC- tional Academy of Sciences (or the head of tion of the next of kin of victims of the acci- CIDENT AND SAFETY INFORMATION.— another equivalent entity) shall establish a dent; and ‘‘(A) IN GENERAL.—Not later than the date panel (hereinafter in this section as the ‘‘(D) carry out such other related duties as specified in subsection (a), the Board shall ‘‘panel’’). the National Transportation Safety Board prepare and submit to the Congress a report (2) EXPERTISE.—Each member of the panel determines to be appropriate. on the effects and potential of the publica- established under this subsection shall have ‘‘(2) DEFINITIONS.—For purposes of this sub- tion of air transportation accident safety in- expertise in weapons and explosive detection section, the following definitions shall apply: formation. technology, security, air carrier and airport ‘‘(A) AIR CARRIER.—The term ‘air carrier’ ‘‘(B) CONTENT AND FORM OF REPORT.—The operations, or another appropriate area. The has the meaning provided that term in sec- report prepared under this paragraph shall Director of the National Academy of tion 40102(a)(2). include recommendations concerning the Sciences (or the head of another equivalent ‘‘(B) FAMILY ADVOCATE.—The term ‘family adoption or revision of requirements for re- entity) shall ensure that the panel has an ap- advocate’ shall have the meaning provided porting accident and safety data. propriate number of representatives of the that term by the National Transportation ‘‘(5) RECOMMENDATIONS OF THE ADMINIS- areas specified in the preceding sentence. Safety Board by regulation.’’. TRATOR.—The Administrator may, from time (c) STUDY.—The panel established under (b) GUIDELINES.—Not later than 90 days to time, request the Board to consider revi- subsection (b), in consultation with the Na- after the date of enactment of this Act, the sions (including additions to the classifica- tional Science and Technology Council, rep- National Transportation Safety Board shall tion system developed under this section). resentatives of appropriate Federal agencies,

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10695

and appropriate members of the private sec- (b) APPLICABILITY.—The amendment made ministrator of the Federal Aviation Admin- tor, shall— by subsection (a)(3) shall apply to individ- istration and the Director of the Federal Bu- (1) assess the weapons and explosive detec- uals hired to perform functions described in reau of Investigation, shall enter into an tion technologies that are available at the section 44936(a)(1)(B) of title 49, United interagency agreement providing for the es- time of the study that are capable of being States Code, after the date of the enactment tablishment of an aviation security liaison effectively deployed in commercial aviation; of this Act, except that the Administrator at existing appropriate Federal agencies’ (2) determine how the technologies re- may, as the Administrator determines to be field offices in or near cities served by a des- ferred to in paragraph (1) may more effec- appropriate, require such employment inves- ignated high-risk airport. tively be used for promotion and improve- tigations or criminal history records checks SEC. 311. REGULAR JOINT THREAT ASSESS- ment of security at airport and aviation fa- for individuals performing those functions on MENTS. cilities and other secured areas; and the date of enactment of this Act. Nothing in The Administrator of the Federal Aviation (3) on the basis of the assessments and de- section 44936 of title 49, United States Code, Administration and the Director of the Fed- terminations made under paragraphs (1) and as amended by subsection (a) precludes the eral Bureau of Investigation shall carry out (2), identify the most promising technologies Administration from permitting the employ- joint threat and vulnerability assessments for the improvement of the efficiency and ment of an individual on an interim basis on security every 3 years, or more fre- cost-effectiveness of weapons and explosive while employment or criminal history record quently, as necessary, at airports determined detection. checks required by that section are being to be high risk. (d) COOPERATION.—The National Science conducted. SEC. 312. BAGGAGE MATCH REPORT. and Technology Council shall take such ac- SEC. 306. INTERIM DEPLOYMENT OF COMMER- Within 30 days after the completion of the tion as may be necessary to facilitate, to the CIALLY AVAILABLE EXPLOSIVE DE- passenger bag match pilot program rec- maximum extent practicable and upon re- TECTION EQUIPMENT. ommended by the Vice President’s Commis- quest of the Director of the National Acad- Section 44913(a) is amended— sion on Aviation Security, the Adminis- emy of Sciences (or the head of another (1) by redesignating paragraph (3) as para- trator shall submit a report to Congress on equivalent entity), the cooperation of rep- graph (4); and the safety effectiveness and operational ef- resentatives of appropriate Federal agencies, (2) by inserting after paragraph (2) the fol- fectiveness of the pilot program. The report as provided for in subsection (c), in providing lowing: shall also assess the extent to which imple- ‘‘(3) Until such time as the Administrator the panel, for the study under this section— mentation of baggage match requirements, determines that equipment certified under (1) expertise; and coupled with the best available technologies (2) to the extent allowable by law, re- paragraph (1) is commercially available and and methodologies, such as passenger sources and facilities. has successfully completed operational test- profiling, enhance domestic aviation secu- (e) REPORTS.—The Director of the National ing as provided in paragraph (1), the Admin- rity. Academy of Sciences (or the head of another istrator shall facilitate the deployment of equivalent entity) shall, pursuant to an ar- such approved commercially available explo- SEC. 313. ENHANCED SECURITY PROGRAMS. rangement entered into under subsection (a), sive detection devices as the Administrator (a) IN GENERAL.—Chapter 449 is amended submit to the Administrator such reports as determines will enhance aviation security by adding at the end of subchapter I the fol- the Administrator considers to be appro- significantly. The Administrator shall re- lowing: priate. Upon receipt of a report under this quire that equipment deployed under this ‘‘§ 44916. Assessments and evaluations subsection, the Administrator shall submit a paragraph be replaced by equipment certified ‘‘(a) IN GENERAL.— copy of the report to the appropriate com- under paragraph (1) when equipment cer- ‘‘(1) PERIODIC ASSESSMENTS.—The Adminis- mittees of the Congress. tified under paragraph (1) becomes commer- trator shall require each air carrier and air- (f) AUTHORIZATION OF APPROPRIATIONS.— cially available. The Administrator is au- port (including the airport owner or operator There are authorized to be appropriated, for thorized, based on operational considerations in cooperation with the air carriers and ven- each of fiscal years 1997 through 2001, such at individual airports, to waive the required dors serving each airport) that provides for sums as may be necessary to carry out this installation of commercially available equip- intrastate, interstate, or foreign air trans- section. ment under paragraph (1) in the interests of portation to conduct periodic vulnerability SEC. 305. REQUIREMENT FOR CRIMINAL HISTORY aviation security.’’. assessments of the security systems of that RECORDS CHECKS. SEC. 307. AUDIT OF PERFORMANCE OF BACK- air carrier or airport, respectively. The Ad- (a) IN GENERAL.—Section 44936(a)(1) is GROUND CHECKS FOR CERTAIN ministration shall perform periodic audits of amended— PERSONNEL. the assessments referred to in paragraph (1). (1) by redesignating subparagraphs (A) and Section 44936(a) is amended by adding at ‘‘(2) INVESTIGATIONS.—The Administrator (B) as clauses (i) and (ii), respectively; the end the following: shall conduct periodic and unannounced in- (2) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’; ‘‘(3) The Administrator shall provide for spections of security systems of airports and and the periodic audit of the effectiveness of air carriers to determine the effectiveness (3) by adding at the end the following: criminal history record checks conducted and vulnerabilities of such systems. To the ‘‘(B) The Administrator shall require by under paragraph (1) of this subsection.’’. extent allowable by law, the Administrator regulation that an employment investiga- SEC. 308. SENSE OF THE SENATE ON PASSENGER may provide for anonymous tests of those se- tion (including a criminal history record PROFILING. curity systems.’’. check in any case described in subparagraph It is the sense of the Senate that the Ad- (b) CLERICAL AMENDMENT.—The table of (C) be conducted for— ministrator of the Federal Aviation Admin- sections for such chapter is amended by in- ‘‘(i) individuals who will be responsible for istration, in consultation with the intel- serting after the item relating to section screening passengers or property under sec- ligence and law enforcement communities, 44915 the following: tion 44901 of this title; should continue to assist air carriers in de- ‘‘44916. Assessments and evaluations.’’. ‘‘(ii) supervisors of the individuals developing computer-assisted and other appro- SEC. 314. REPORT ON AIR CARGO. scribed in clause (i); and priate passenger profiling programs which Within——days after the date of enactment ‘‘(iii) such other individuals who exercise should be used in conjunction with other se- of this Act, the Secretary of Transportation security functions associated with baggage curity measures and technologies. shall prepare a report for the Congress on or cargo, as the Administrator determines is SEC. 309. AUTHORITY TO USE CERTAIN FUNDS any changes recommended and implemented necessary to ensure air transportation secu- FOR AIRPORT SECURITY PROGRAMS as a result of the Vice President’s Commis- rity. AND ACTIVITIES. sion on Aviation Security to enhance and ‘‘(C) Under the regulations issued under (a) IN GENERAL.—Notwithstanding any supplement screening and inspection of subparagraph (B), a criminal history record other provision of law, funds referred to in cargo, mail, and company-shipped materials check shall, as a minimum, be conducted in subsection (b) may be used to expand and en- transported in air commerce. The report any case in which— hance air transportation security programs shall include an assessment of the effective- ‘‘(i) an employment investigation reveals a and other activities (including the improve- ness of such changes, any additional rec- gap in employment of 12 months or more ment of facilities and the purchase and de- ommendations, and, if necessary, any legis- that the individual who is the subject of the ployment of equipment) to ensure the safety lative proposals necessary to carry out addi- investigation does not satisfactorily account and security of passengers and other persons tional changes. for; involved in air travel. ‘‘(ii) that individual is unable to support (b) COVERED FUNDS.—The following funds TITLE IV—MISCELLANEOUS PROVISIONS statements made on the application of that may be used under subsection (a): SEC. 401. ACQUISITION OF HOUSING UNITS. individual; (1) Project grants made under subchapter 1 Section 40110 is amended— ‘‘(iii) there are significant inconsistencies of chapter 471 of title 49, United States Code. (1) by redesignating subsection (b) as sub- in the information provided on the applica- (2) Passenger facility fees collected under section (c); and tion of that individual; or section 40117 of title 49, United States Code. (2) by inserting after subsection (a) the fol- ‘‘(iv) information becomes available during SEC. 310. DEVELOPMENT OF AVIATION SECURITY lowing: the employment investigation indicating a LIAISON AGREEMENT. ‘‘(b) ACQUISITION OF HOUSING UNITS.— possible conviction for one of the crimes list- The Secretary of Transportation and the ‘‘(1) AUTHORITY.—In carrying out this part, ed in subsection (b)(1)(B).’’. Attorney General, acting through the Ad- the Administrator may acquire interests in

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10696 CONGRESSIONAL RECORD — SENATE September 17, 1996 housing units outside the contiguous United (2) the number of air traffic control equip- section 20158(c) of such title, the Secretary of States. ment and power failures is increasing, which Transportation takes into account, among ‘‘(2) CONTINUING OBLIGATIONS.—Notwith- could place at risk the reliability of our Na- other criteria— standing section 1341 of title 31, United tion’s air traffic control system; (A) the interest of the communities that, States Code, the Administrator may acquire (3) aviation excise taxes that constitute as of July 30, 1996— an interest in a housing unit under para- the Airport and Airway Trust Fund, which (i) have in effect restrictions on sounding graph (1) even if there is an obligation there- provides most of the funding for the Federal of a locomotive horn at highway-rail grade after to pay necessary and reasonable fees Aviation Administration crossings; or duly assessed upon such unit, including fees (4) the surplus in the Airport and Airway (ii) have not been subject to the routine (as related to operation, maintenance, taxes, Trust Fund will be spent by the Federal the term is defined by the Secretary) sound- and insurance. Aviation Administration by December 1996; ing of a locomotive horn at highway-rail ‘‘(3) CERTIFICATION TO CONGRESS.—The Ad- (5) the existing system of funding the Fed- grade crossings; and ministrator may acquire an interest in a eral Aviation Administration will not pro- (B) the past safety record at each grade housing unit under paragraph (1) only if the vide the agency with sufficient short-term or crossing involved; and Administrator transmits to the Committee long-term funding; (2) whenever the Secretary determines that on Transportation and Infrastructure of the (6) this Act creates a sound process to re- supplementary safety measures (as that House of Representatives and the Committee view Federal Aviation Administration fund- term is defined in section 20153(a) of title 49, on Commerce, Science, and Transportation ing and develop a funding system to meet United States Code) are necessary to provide of the Senate at least 30 days before com- the Federal Aviation Administration’s long- an exception referred to in paragraph (1), the pleting the acquisition a report containing— term funding needs; and Secretary— ‘‘(A) a description of the housing unit and (7) without immediate action by the Con- (A) having considered the extent to which its price; and gress to ensure that the Federal Aviation local communities have established public ‘‘(B) a certification that acquiring the Administration’s financial needs are met, air awareness initiatives and highway-rail cross- housing unit is the most cost-beneficial travelers’ confidence in the system could be ing traffic law enforcement programs allows means of providing necessary accommoda- undermined. for a period of not to exceed 3 years, begin- tions in carrying out this part. (b) SENSE OF THE SENATE.—It is the sense ning on the date of that determination, for ‘‘(4) PAYMENT OF FEES.—The Administrator of the Senate that there should be an imme- the installation of those measures; and may pay, when due, fees resulting from the diate enactment of an 18-month reinstate- (B) works in partnership with affected acquisition of an interest in a housing unit ment of the aviation excise taxes to provide communities to provide technical assistance under this subsection from any amounts short-term funding for the Federal Aviation and to develop a reasonable schedule for the made available to the Administrator.’’. Administration. installation of those measures. SEC. 402. PROTECTION OF VOLUNTARILY SUB- SEC. 405. AUTHORIZATION FOR STATE-SPECIFIC SEC. 410 LIMITATION ON AUTHORITY OF STATES MITTED INFORMATION. SAFETY MEASURES. TO REGULATE GAMBLING DEVICES ON VESSELS. (a) IN GENERAL.—Chapter 401 is amended There are authorized to be appropriated to by redesignating section 40120 as section the Federal Aviation Administration not Subsection (b)(2) of section 5 of the act of 40121 and by inserting after section 40119 the more than $10,000,000 for fiscal year 1997 for January 2, 1951 (commonly referred to as the following: the purpose of addressing State-specific avia- ‘‘Johnson Act’’) (64 Stat. 1135, chapter 1194; tion safety problems identified by the Na- 15 U.S.C. 1175), is amended by adding at the ‘‘§ 40120. Protection of voluntarily submitted tional Transportation Safety Board. end the following: information SEC. 406. SENSE OF THE SENATE REGARDING ‘‘(C) EXCLUSION OF CERTAIN VOYAGES AND ‘‘(a) IN GENERAL.—Notwithstanding any THE AIR AMBULANCE EXEMPTION SEGMENTS.—Except for a voyage or segment other provision of law, neither the Adminis- FROM CERTAIN FEDERAL EXCISE of a voyage that occurs within the bound- trator of the Federal Aviation Administra- TAXES. aries of the State of Hawaii, a voyage or seg- tion, nor any agency receiving information It is the sense of the Senate that, if the ex- ment of a voyage is not described in subpara- from the Administrator, shall disclose volun- cise taxes imposed by section 4261 or 4271 of graph (B) if such voyage or segment includes tarily-provided safety or security related in- the Internal Revenue Code of 1986 are rein- or consists of a segment— formation if the Administrator finds that— stated, the exemption from those taxes pro- ‘‘(i) that begins and ends in the same ‘‘(1) the disclosure of the information vided by section 4261(f) of such Code for air State; would inhibit the voluntary provision of that transportation by helicopter for the purpose ‘‘(ii) that is part of a voyage to another type of information and that the receipt of of providing emergency medical services State or to a foreign country; and that type of information aids in fulfilling the should be broadened to include air transpor- ‘‘(iii) in which the vessel reaches the other Administrator’s safety and security respon- tation by fixed-wing aircraft for that pur- State or foreign country within 3 days after sibilities; and pose. leaving the State in which such segment be- ‘‘(2) withholding such information from SEC. 407. FAA SAFETY MISSION. gins.’’. disclosure would be consistent with the Ad- (a) IN GENERAL.—Section 40104 is amend- TITLE V—COMMERCIAL SPACE LAUNCH ministrator’s safety and security responsibil- ed— ACT AMENDMENTS ities. (1) by inserting ‘‘safety of’’ before ‘‘air SEC. 501. COMMERCIAL SPACE LAUNCH AMEND- ‘‘(b) REGULATIONS.—The Administrator commerce’’ in the section caption; MENTS. shall issue regulations to carry out this sec- (2) by inserting ‘‘SAFETY OF’’ before ‘‘AIR (a) AMENDMENTS.—Chapter 701 of title 49, tion.’’. COMMERCE’’ in the caption of subsection (a); United States Code, is amended— (b) CONFORMING AMENDMENT.—The table of and (1) in the table of sections— sections at the beginning of chapter 401 is (3) by inserting ‘‘safety of’’ before ‘‘air (A) by amending the item relating to sec- amended by striking the item relating to commerce’’ in subsection (a). tion 70104 to read as follows: section 40120 and inserting the following: (b) CLERICAL AMENDMENT.—The table of ‘‘70104. Restrictions on launches, operations, sections for chapter 401 is amended by strik- ‘‘40120. Protection of voluntarily submitted and reentries.’’; information. ing the item relating to section 40104 and in- (B) by amending the item relating to sec- ‘‘40121. Relationship of other laws.’’. serting: tion 70108 to read as follows: SEC. 403. APPLICATION OF FAA REGULATIONS. ‘‘40104. Promotion of civil aeronautics and In revising title 14, Code of Federal Regula- air commerce safety.’’. ‘‘70108. Prohibition, suspension, and end of launches, operation of launch tions, in a manner affecting intrastate avia- SEC. 408. CARRIAGE OF CANDIDATES IN STATE tion in Alaska, the Administrator of the AND LOCAL ELECTIONS. sites and reentry sites, and re- Federal Aviation Administration shall con- The Administrator of the Federal Aviation entries.’’; sider the extent to which Alaska is not Administration shall revise section 91.321 of and served by transportation modes other than the Administration’s regulations (14 CFR (C) by amending the item relating to sec- aviation, and shall establish such regulatory 91.321), relating to the carriage of candidates tion 70109 to read as follows: distinctions as the Administrator deems ap- in Federal elections, to make the same or ‘‘70109. Preemption of scheduled launches or propriate. similar rules applicable to the carriage of reentries’’; SEC. 404. SENSE OF THE SENATE REGARDING candidates for election to public office in (2) in section 70101— THE FUNDING OF THE FEDERAL State and local government elections. (A) by inserting ‘‘microgravity research,’’ AVIATION ADMINISTRATION. SEC. 409. TRAIN WHISTLE REQUIREMENTS. after ‘‘information services,’’ in subsection (a) FINDINGS.—The Senate finds that— The Secretary of Transportation may not (a)(3); (1) the Congress is responsible for ensuring implement regulations issued under section (B) by inserting ‘‘, reentry,’’ after ‘‘launch- that the financial needs of the Federal Avia- 20153(b) of title 49, United States Code, re- ing’’ both places it appears in subsection tion Administration, the agency that per- quiring audible warnings to be sounded by a (a)(4); forms the critical function of overseeing the locomotive horn at highway-rail grade cross- (C) by inserting ‘‘, reentry vehicles,’’ after Nation’s air traffic control system and en- ings, unless— ‘‘launch vehicles’’ in subsection (a)(5); suring the safety of air travelers in the (1) in implementing the regulations or pro- (D) by inserting ‘‘and reentry services’’ United States, are met; viding an exception to the regulations under after ‘‘launch services’’ in subsection (a)(6);

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10697 (E) by inserting ‘‘, reentries,’’ after (iii) by inserting ‘‘or reentry’’ after ‘‘de- (D) by inserting ‘‘applicable’’ after ‘‘car- ‘‘launches’’ both places it appears in sub- cides the launch’’; ried out under the’’ in paragraphs (1) and (2) section (a)(7); (6) in section 70105— of subsection (b); (F) by inserting ‘‘, reentry sites,’’ after (A) by inserting ‘‘or a reentry site, or the (E) by striking ‘‘, Space, and Technology’’ ‘‘launch sites’’ in subsection (a)(8); reentry of a reentry vehicle,’’ after ‘‘oper- in subsection (d)(1); (G) by inserting ‘‘and reentry services’’ ation of a launch site’’ in subsection (b)(1); (F) by inserting ‘‘OR REENTRIES’’ after after ‘‘launch services’’ in subsection (a)(8); and ‘‘LAUNCHES’’ in the heading for subsection (H) by inserting ‘‘reentry sites,’’ after (B) by striking ‘‘or operation’’ and insert- (e); and ‘‘launch sites,’’ in subsection (a)(9); ing in lieu thereof ‘‘, operation, or reentry’’ (G) by inserting ‘‘or reentry site or a re- (I) by inserting ‘‘and reentry site’’ after in subsection (b)(2)(A); entry’’ after ‘‘launch site’’ in subsection (e); ‘‘launch site’’ in subsection (a)(9); (7) in section 70106(a)— (13) in section 70113(a)(1) and (d)(1) and (2), (J) by inserting ‘‘reentry vehicles,’’ after (A) by inserting ‘‘or reentry site’’ after by inserting ‘‘or reentry’’ after ‘‘one launch’’ ‘‘launch vehicles’’ in subsection (b)(2); ‘‘observer at a launch site’’; each place it appears; (K) by striking ‘‘launch’’ in subsection (B) by inserting ‘‘or reentry vehicle’’ after (14) in section 70115(b)(1)(D)(i)— (b)(2)(A); ‘‘assemble a launch vehicle’’; and (A) by inserting ‘‘reentry site,’’ after (L) by inserting ‘‘and reentry’’ after ‘‘com- (C) by inserting ‘‘or reentry vehicle’’ after ‘‘launch site,’’; and mercial launch’’ in subsection (b)(3); ‘‘with a launch vehicle’’; (B) by inserting ‘‘or reentry vehicle’’ after (M) by striking ‘‘launch’’ after ‘‘and trans- (8) in section 70108— ‘‘launch vehicle’’ both places it appears; and fer commercial’’ in subsection (b)(3); and (A) by amending the section designation (15) in section 70117— (N) by inserting ‘‘and development of re- and heading to read as follows: (A) by inserting ‘‘or reentry site, or to reenter a reentry vehicle’’ after ‘‘operate a entry sites,’’ after ‘‘launch-site support fa- ‘‘§ 70108. Prohibition, suspension, and end of cilities,’’ in subsection (b)(4) launch site’’ in subsection (a); launches, operation of launch sites and re- (B) by inserting ‘‘or reentry’’ after ‘‘ap- (3) in section 70102— entry sites, and reentries’’; (A) by striking ‘‘and any payload’’ and in- proval of a space launch’’ in subsection (d); serting in lieu thereof ‘‘or reentry vehicle and (C) by amending subsection (f) to read as and any payload from Earth’’ in paragraph (B) in subsection (a)— follows: (3); (i) by inserting ‘‘or reentry site, or reentry ‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT (B) by inserting ‘‘or reentry vehicle’’ after of a reentry vehicle,’’ after ‘‘operation of a AN IMPORT.—A launch vehicle, reentry vehi- ‘‘means of a launch vehicle’’ in paragraph (8); launch site’’; and cle, or payload that is launched or reentered (C) by redesignating paragraphs (10) (ii) by inserting ‘‘or reentry’’ after ‘‘launch is not, because of the launch or reentry, an through (12) as paragraphs (14) through (16), or operation’’; export or import, respectively, for purposes respectively; (9) in section 70109— of a law controlling exports or imports.’’; (D) by inserting after paragraph (9) the fol- (A) by amending the section designation and lowing new paragraphs: and heading to read as follows: (D) in subsection (g)— ‘‘(10) ‘reenter’ and reentry’ mean to return ‘‘§ 70109. Preemption of scheduled launches (i) by striking ‘‘operation of a launch vehi- or attempt to return, purposefully, a reentry or reentries’’; cle or launch site,’’ in paragraph (1) and in- vehicle and its payload, if any, from Earth (B) in subsection (a)— serting in lieu thereof ‘‘reentry, operation of orbit or from outer space to Earth. (i) by inserting ‘‘or reentry’’ after ‘‘ensure a launch vehicle or reentry vehicle, or oper- ‘‘(11) ‘reentry services’ means— that a launch’’; ation of a launch site or reentry site,’’; and ‘‘(A) activities involved in the preparation (ii) by inserting ‘‘; reentry site,’’ after (ii) by inserting ‘‘reentry,’’ after ‘‘launch,’’ of a reentry vehicle and its payload, if any, ‘‘United States Government launch site’’; in paragraph (2). (b) ADDITIONAL AMENDMENTS.—(1) Section for reentry; and (iii) by inserting ‘‘or reentry date commit- 70105 of title 49, United States Code, is ‘‘(B) the conduct of a reentry. ment’’ after ‘‘launch date commitment’’; ‘‘(12) ‘reentry site’ means the location on (iv) by inserting ‘‘or reentry’’ after ‘‘ob- amended— (A) by inserting ‘‘(1)’’ before ‘‘A person Earth to which a reentry vehicle is intended tained for a launch’’; may apply’’ in subsection (a); to return (as defined in a license the Sec- (v) by inserting ‘‘, reentry site,’’ after ‘‘ac- (B) by striking ‘‘receiving an application’’ retary issues or transfers under this chap- cess to a launch site’’; both places it appears in subsection (a) and ter). (vi) by inserting ‘‘, or services related to a inserting in lieu thereof ‘‘accepting an appli- ‘‘(13) ‘reentry vehicle’ means a vehicle de- reentry,’’ after ‘‘amount for launch serv- cation in accordance with criteria estab- signed to return from Earth orbit or outer ices’’; and space to Earth, or a reusable launch vehicle lished pursuant to subsection (b)(2)(D)’’; (vii) by inserting ‘‘or reentry’’ after ‘‘the (C) by adding at the end of subsection (a) designed to return from outer space substan- scheduled launch’’; and tially intact.’’; and the following new paragraph: (C) in subsection (c), by inserting ‘‘or re- ‘‘(2) In carrying out paragraph (1), the Sec- (E) by inserting ‘‘or reentry services’’ after entry’’ after ‘‘prompt launching’’; ‘‘launch services’’ each place it appears in retary may establish procedures for certifi- (10) in section 70110— cation of the safety of a launch vehicle, re- paragraph (15), as so redesignated by sub- (A) by inserting ‘‘or reentry’’ after ‘‘pre- paragraph (C) of this paragraph; entry vehicle, or safety system, procedure, vent the launch’’ in subsection (a)(2); and service, or personnel that may be used in (4) in section 70103(b)— (B) by inserting ‘‘or reentry site, or re- (A) by inserting ‘‘AND REENTRIES’’ after conducting licensed commercial space entry of a reentry vehicle,’’ after ‘‘operation launch or reentry activities.’’; ‘‘LAUNCHES’’ in the subsection heading; of a launch site’’ in subsection (a)(3)(B); (B) by inserting ‘‘and reentries’’ after (D) by striking ‘‘and’’ at the end of sub- (11) in section 70111— section (b)(2)(B)’’; ‘‘space launches’’ in paragraph (1); and (A) by inserting ‘‘or reentry’’ after (C) by inserting ‘‘and reentry’’ after ‘‘space (E) by striking the period at the end of ‘‘launch’’ in subsection (a)(1)(A); subsection (b)(2)(C) and inserting in lieu launch’’ in paragraph (2); (B) by inserting ‘‘and reentry services’’ (5) in section 70104— thereof ‘‘;and’’; after ‘‘launch services’’ in subsection (F) by adding at the end of subsection (b)(2) (A) by amending the section designation (a)(1)(B); and heading to read as follows: the following new subparagraph: (C) by inserting ‘‘or reentry services’’ after (D) regulations establishing criteria for ac- ‘‘§ 70104. Restrictions on launches, oper- ‘‘or launch services’’ in subsection (a)(2); cepting or rejecting an application for a li- ations, and reentries’’; (D) by inserting ‘‘or reentry’’ after ‘‘com- cense under this chapter within 60 days after (B) by inserting ‘‘or reentry site, or to re- mercial launch’’ both places it appears in receipt of such application.’; and enter a reentry vehicle’’ after ‘‘operate a subsection (b)(1); (G) by inserting ‘‘, or the requirement to launch site’’ each place it appears in sub- (E) by inserting ‘‘or reentry services’’ after obtain a license,’’ after ‘‘waive a require- section (a); ‘‘launch services’’ in subsection (b)(2)(C); ment’’ in subsection (b)(3). (C) by inserting ‘‘or reentry’’ after ‘‘launch (F) by striking ‘‘or its payload for launch’’ (2) The amendment made by paragraph or operation’’ in subsection (a)(3) and (4); in subsection (d) and inserting in lieu thereof (1)(B) shall take effect upon the effective (D) in subsection (b)— ‘‘or reentry vehicle, or the payload of either, date of final regulations issued pursuant to (i) by striking ‘‘launch license’’ and insert- for launch or reentry’’; and section 70105(b)(2)(D) of title 49, United ing in lieu thereof ‘‘license’’; (G) by inserting ‘‘, reentry vehicle,’’ after States Code, as added by paragraph (1)(F) of (ii) by inserting ‘‘or reenter’’ after ‘‘may ‘‘manufacturer of the launch vehicle’’ in sub- this subsection. launch’’; and section (d); (3) Section 70102(5) of title 49, United (iii) by inserting ‘‘or reentering’’ after ‘‘re- (12) in section 70112— States Code, is amended— lated to launching’’; and (A) by inserting ‘‘or reentry’’ after ‘‘one (A) by redesignating subparagraphs (A) and (E) in subsection (c)— launch’’ in subsection (a)(3); (B) as subparagraphs (B) and (C), respec- (i) by amending the subsection heading to (B) by inserting ‘‘or reentry services’’ after tively; and read as follows: ‘‘PREVENTING LAUNCHES AND ‘‘launch services’’ in subsection (a)(4); (B) by inserting before subparagraph (B), REENTRIES.—’’; (C) by inserting ‘‘or reentry services’’ after as so redesignated by subparagraph (A) of (ii) by inserting ‘‘or reentry’’ after ‘‘pre- ‘‘launch services’’ each place it appears in this paragraph, the following new subpara- vent the launch’’; and subsection (b); graph:

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10698 CONGRESSIONAL RECORD — SENATE September 17, 1996

‘‘(A) activities directly related to the prep- (1) ADMINISTRATION.—The term ‘‘Adminis- formed of the costs to the Administration aration of a launch site or payload facility tration’’ means the Federal Aviation Admin- and the costs driven by each segment of the for one or more launches;’’. istration. aviation system for safety and operational (4) Section 70102(b) of title 49, United (2) ADMINISTRATOR.—The term ‘‘Adminis- services, including the use of the air traffic States Code, is amended— trator’’ means the Administrator of the Fed- control system and the Nation’s airports. (A) in the subsection heading, as amended eral Aviation Administration. (14) Because the Administration is a by subsection (a)(4)(A) of this section, by in- (3) SECRETARY.—The term ‘‘Secretary’’ unique Federal entity in that it is a partici- serting ‘‘AND STATE SPONSORED SPACEPORTS’’ means the Secretary of Transportation. pant in the daily operations of an industry, after ‘‘AND REENTRIES’’; and SEC. 603. EFFECTIVE DATE. and because the national air transportation (B) in paragraph (1), by inserting ‘‘and The provisions of this title and the amend- system faces significant problems without State sponsored spaceports’’ after ‘‘private ments made by this title shall take effect on significant changes, the Administration has sector’’. the date that is 30 days after the date of the been authorized to change the Federal pro- (5) Section 70105(a)(1) of title 49, United enactment of this Act. curement and personnel systems to ensure States Code, as amended by subsection (b)(1) Subtitle A—General Provisions that the Administration has the ability to of this section, is amended by inserting at SEC. 621. FINDINGS. keep pace with new technology and is able to the end the following: ‘‘The Secretary shall The Congress finds the following: match resources with the real personnel submit to the Committee on Science of the (1) In many respects the Administration is needs of the Administration. House of Representatives and the Committee a unique agency, being one of the few non-de- (15) The existing budget system does not on Commerce, Science, and Transportation fense government agencies that operates 24 allow for long-term planning or timely ac- of the Senate a written notice not later than hours a day, 365 days of the year, while con- quisition of technology by the Administra- 7 days after any occurrence when a license is tinuing to rely on outdated technology to tion. not issued within the deadline established by carry out its responsibilities for a state-of- (16) Without reforms in the areas of pro- this subsection,’’. the-art industry. curement, personnel, funding, and govern- (6) Section 70111 of title 49, United States (2) Until January 1, 1996, users of the air ance, the Administration will continue to ex- Code, is amended— transportation system paid 70 percent of the perience delays and cost overruns in its (A) in subsection (a)(1), by inserting after budget of the Administration, with the re- major modernization programs and needed subparagraph (B) the following: maining 30 percent coming from the General improvements in the performance of the air ‘‘The Secretary shall establish criteria and Fund. The General Fund contribution of the traffic management system will not occur. procedures for determining the priority of years is one measure of the benefit received (17) All reforms should be designed to help competing requests from the private sector by the general public, military, and other the Administration become more responsive and State governments for property and users of Administration’s services. to the needs of its customers and maintain services under this section.’’; (3) The Administration must become a the highest standards of safety. (B) by striking ‘‘actual costs’’ in sub- more efficient, effective, and different orga- SEC. 622. PURPOSES. section (b)(1) and inserting in lieu thereof nization to meet future challenges. The purposes of this title are— ‘‘additive costs only’’; and (4) The need to balance the Federal budget (1) to ensure that final action shall be (C) by inserting after subsection (b)(2) the means that it may become more and more taken on all notices of proposed rulemaking following new paragraph: difficult to obtain sufficient General Fund of the Administration within 18 months after ‘‘(3) The Secretary shall ensure the estab- contributions to meet the Administration’s the date of their publication; (2) to permit the Administration, with lishment of uniform guidelines for, and con- future budget needs. Congressional review, to establish a program sistent implementation of, this section by (5) Congress must keep its commitment to to improve air traffic management system all Federal agencies.’’. the users of the national air transportation (7) Section 70112 of title 49, United States system by seeking to spend all moneys col- performance and to establish appropriate Code, is amended— lected from them each year and deposited levels of cost accountability for air traffic (A) in subsection (a)(1), by inserting into the Airport and Airway Trust Fund. Ex- management services provided by the Ad- ‘‘launch, reentry, or site operator’’ after ‘‘(1) isting surpluses representing past receipts ministration; (3) to establish a more autonomous and ac- When a’’; must also be spent for the purposes for which countable Administration within the Depart- (B) in subsection (b)(1), by inserting such funds were collected. ment of Transportation; and ‘‘launch, reentry, or site operator’’ after (6) The aviation community and the em- (4) to make the Administration a more ef- ‘‘(1)A’’; and ployees of the Administration must come to- ficient and effective organization, able to (C) in subsection (f), by inserting ‘‘launch, gether to improve the system. The Adminis- meet the needs of a dynamic, growing indus- reentry, or site operator’’ after ‘‘carried out tration must continue to recognize who its try, and to ensure the safety of the traveling under a’’. customers are and what their needs are, and public. (c) REGULATIONS.—(1) Chapter 701 of title to design and redesign the system to make 49, United States Code, is amended by adding safety improvements and increase produc- SEC. 623. REGULATION OF CIVILIAN AIR TRANS- tivity. PORTATION AND RELATED SERV- at the end the following new section: ICES BY THE FEDERAL AVIATION AD- (7) The Administration projects that com- § 70120. Regulations MINISTRATION AND DEPARTMENT mercial operations will increase by 18 per- OF TRANSPORTATION. ‘‘The Secretary of Transportation, within 6 cent and passenger traffic by 35 percent by months after the date of the enactment of (a) IN GENERAL.—Section 106 is amended— the year 2002. Without effective airport ex- (1) by striking ‘‘The Administrator’’ in the this section, shall issue regulations to carry pansion and system modernization, these fifth sentence of subsection (b) and inserting out this chapter that include— needs cannot be met. ‘‘Except as provided in subsection (f) of this ‘‘(1) guidelines for industry to obtain suffi- (8) Absent significant and meaningful re- section or in other provisions of law, the Ad- cient insurance coverage for potential dam- form, future challenges and needs cannot be ministrator’’; and ages to third parties; met. (2) by striking subsection (f) and inserting ‘‘(2) procedures for requesting and obtain- (9) The Administration must have a new the following: ing licenses to operate a commercial launch way of doing business. ‘‘(f) AUTHORITY OF THE SECRETARY AND THE vehicle and reentry vehicle; (10) There is widespread agreement within ADMINISTRATOR.— ‘‘(3) procedures for requesting and obtain- government and the aviation industry that ‘‘(1) AUTHORITY OF THE SECRETARY.—Except ing operator licenses for launch and reentry; reform of the Administration is essential to as provided in paragraph (2), the Secretary of and safely and efficiently accommodate the pro- Transportation shall carry out the duties ‘‘(4) procedures for the application of gov- jected growth of aviation within the next and powers of the Administration. ernment indemnification.’’. decade. ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— (2) The table of sections for such chapter (11) To the extent that the Congress deter- The Administrator— 701 is amended by adding after the item re- mines that certain segments of the aviation ‘‘(A) is the final authority for carrying out lating to section 70119 the following new community are not required to pay all of the all functions, powers, and duties of the Ad- item: costs of the government services which they ministration relating to— ‘‘70120. Regulations.’’. require and benefits which they receive, the ‘‘(i) except as otherwise provided in para- TITLE VI—AIR TRAFFIC MANAGEMENT Congress should appropriate the difference graph (3), the promulgation of regulations, SYSTEM PERFORMANCE IMPROVE- between such costs and any receipts received rules, orders, circulars, bulletins, and other MENT ACT from such segment. official publications of the Administration; (12) Prior to the imposition of any new and SEC. 601. SHORT TITLE. charges or user fees on segments of the in- ‘‘(ii) any obligation imposed on the Admin- This title may be cited as the ‘‘Air Traffic dustry, an independent review must be per- istrator, or power conferred on the Adminis- Management System Performance Improve- formed to assess the funding needs and as- trator, by the Air Traffic Management Sys- ment Act of 1996’’. sumptions for operations, capital spending, tem Performance Improvement Act of 1996 SEC. 602. DEFINITIONS. and airport infrastructure. (or any amendment made by that Act); For the purposes of this title, the following (13) An independent, thorough, and com- ‘‘(b) shall offer advice and counsel to the definitions shall apply: plete study and assessment must be per- President with respect to the appointment

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10699 and qualifications of any officer or employee ‘‘(I) have an annual effect on the economy benefits of officers and employees, the Ad- of the Administration to be appointed by the of $100,000,000 or more or adversely affect in ministrator shall not engage in any type of President or as a political appointee; a material way the economy, a sector of the bargaining, except to the extent provided for ‘‘(C) may delegate, and authorize succes- economy, productivity, competition, jobs, in section 40121(a), nor shall the Adminis- sive redelegations of, to an officer or em- the environment, public health or safety, or trator be bound by any requirement to estab- ployee of the Administration any function, State, local, or tribal governments or com- lish such compensation or benefits at par- power, or duty conferred upon the Adminis- munities; ticular levels. trator, unless such delegation is prohibited ‘‘(II) create a serious inconsistency or oth- ‘‘(2) EXPERTS AND CONSULTANTS.—The Ad- by law; and erwise interfere with an action taken or ministrator is authorized to obtain the serv- ‘‘(D) except as otherwise provided for in planned by another agency; ices of experts and consultants in accordance this title, and notwithstanding any other ‘‘(III) materially alter the budgetary im- with section 3109 of title 5. provision of law to the contrary, shall not be pact of entitlements, grants, user fees, or ‘‘(3) TRANSPORTATION AND PER DIEM EX- required to coordinate, submit for approval loan programs or the rights and obligations PENSES.—The Administrator is authorized to or concurrence, or seek the advice or views of recipients thereof; or pay transportation expenses, and per diem in of the Secretary or any other officer or em- ‘‘(IV) raise novel legal or policy issues aris- lieu of subsistence expenses, in accordance ployee of the Department of Transportation ing out of legal mandates. with chapter 57 of title 5. on any matter with respect to which the Ad- ‘‘(ii) In an emergency, the Administrator ‘‘(4) USE OF PERSONNEL FROM OTHER AGEN- ministrator is the final authority. may issue a regulation described in clause (i) CIES.—The Administrator is authorized to ‘‘(3) DEFINITION OF POLITICAL APPOINTEE.— without prior approval by the Secretary, but utilize the services of personnel of any other For purposes of this subsection, the term any such emergency regulation is subject to Federal agency (as such term is defined ‘political appointee’ means any individual ratification by the Secretary after it is under section 551(1) of title 5). who— issued and shall be rescinded by the Adminis- ‘‘(5) VOLUNTARY SERVICES.— ‘‘(A) is employed in a position on the Exec- trator within 5 days (excluding Saturdays, ‘‘(A) IN GENERAL.—(i) In exercising the au- utive Schedule under sections 5312 through Sundays, and legal public holidays) after thority to accept gifts and voluntary serv- 5316 of title 5; issuance if the Secretary fails to ratify its ices under section 326 of this title, and with- ‘‘(B) is a limited term appointee, limited issuance. out regard to section 1342 of title 31, the Ad- emergency appointee, or noncareer ap- ‘‘(iii) Any regulation that does not meet ministrator may not accept voluntary and pointee in the Senior Executive Service as the criteria of clause (i), and any regulation uncompensated services if such services are defined under section 3132(a) (5), (6), and (7) or other action that is a routine or frequent used to displace Federal employees employed of title 5, respectively; or action or a procedural action, may be issued on a full-time, part-time, or seasonal basis. ‘‘(C) is employed in a position in the execu- by the Administrator without review or ap- ‘‘(ii) the Administrator is authorized to tive branch of the Government of a confiden- proval by the Secretary. provide for incidental expenses, including tial or policy-determining character under ‘‘(iv) The Administrator shall submit a transportation, lodging, and subsistence for Schedule C of subpart C of part 213 of title 5 copy of any regulation requiring approval by volunteers who provide voluntary services of the Code of Federal Regulations.’’. the Secretary under clause (i) to the Sec- under this subsection. (b) PRESERVATION OF EXISTING AUTHOR- retary, who shall either approve it or return ‘‘(iii) An individual who provides voluntary ITY.—Nothing in this title or the amend- it to the Administrator with comments with- services under this subsection shall not be ments made by this title limits any author- in 45 days after receiving it. considered a Federal employee for any purity granted to the Administrator by statute ‘‘(C) PERIODIC REVIEW.—(i) Beginning on pose other than for purposes of chapter 81 of or by delegation that was in effect on the the date which is 3 years after the date of en- title 5, relating to compensation for work in- day before the date of enactment of this Act. actment of the Air Traffic Management Sys- juries, and chapter 171 of title 28, relating to SEC. 624. REGULATIONS. tem Performance Improvement Act of 1996, tort claims.’’. Section 106(f), as amended by section 623, is the Administrator shall review any unusu- SEC. 626. CONTRACTS. further amended— ally burdensome regulation issued by the Ad- Section 106(l), as added by section 625 of (1) by redesignating paragraph (3) as para- ministrator after the date of enactment of this title, is amended by adding at the end graph (4); and the Air Traffic Management System Per- the following new paragraph: (2) by inserting after paragraph (2) the fol- formance Improvement Act of 1996 beginning ‘‘(6) CONTRACTS.—The Administrator is au- lowing: not later than 3 years after the effective date thorized to enter into and perform such con- ‘‘(3) REGULATIONS.— of the regulation to determine if the cost as- ‘‘(A) IN GENERAL.—In the performance of tracts, leases, cooperative agreements, or the functions of the Administrator and the sumptions were accurate, the benefit of the other transactions as may be necessary to Administration, the Administrator is au- regulations, and the need to continue such carry out the functions of the Administrator thorized to issue, rescind, and revise such regulations in force in their present form. and the Administration. The Administrator regulations as are necessary to carry out ‘‘(ii) The Administrator may identify for may enter into such contracts, leases, coop- those functions. The issuance of such regula- review under the criteria set forth in clause erative agreements, and other transactions tions shall be governed by the provisions of (i) unusually burdensome regulations that with any Federal agency (as such term is de- chapter 5 of title 5. The Administrator shall were issued before the date of enactment of fined in section 551(1) of title 5) or any in- act upon all petitions for rulemaking no the Air Traffic Management System Per- strumentality of the United States, any later than 6 months after the date such peti- formance Improvement Act of 1996 and that State, territory, or possession, or political tions are filed by dismissing such petitions, have been in force for more than 3 years. subdivision thereof, any other governmental by informing the petitioner of an intention ‘‘(iii) For purposes of this subparagraph, entity, or any person, firm, association, cor- to dismiss, or by issuing a notice of proposed the term ‘unusually burdensome regulation’ poration, or educational institution, on such rulemaking or advanced notice of proposed means any regulation that results in the an- terms and conditions as the Administrator rulemaking. The Administrator shall issue a nual expenditure by State, local, and tribal may consider appropriate.’’. final regulation, or take other final action, governments in the aggregate, or by the pri- SEC. 627. FACILITIES. not later than 18 months after the date of vate sector, of $25,000,000 or more (adjusted Section 106, as amended by section 625 of publication in the Federal Register of a no- annually for inflation beginning with the this title, is further amended by adding at tice of proposed rulemaking or, in the case of year following the date of enactment of the the end the following new subsection: an advanced notice of proposed rulemaking, Air Traffic Management System Perform- ‘‘(m) COOPERATION BY ADMINISTRATOR.— if issued, not later than 24 months after that ance Act of 1996) in any year. With the consent of appropriate officials, the date. ‘‘(iv) The periodic review of regulations Administrator may, with or without reim- ‘‘(B) APPROVAL OF SECRETARY OF TRANSPOR- may be performed by advisory committees bursement, use or accept the services, equip- TATION.— and the Management Advisory Council es- ment, personnel, and facilities of any other ‘‘(i) The Administrator may not issue a tablished under subsection (p).’’. Federal agency (as such term is defined in proposed regulation or final regulation that SEC. 625. PERSONNEL AND SERVICES. section 551(1) of title 5) and any other public is likely to result in the expenditure by Section 106 is amended by adding at the or private entity. The administrator may State, local, and tribal governments in the end the following new subsection: also cooperate with appropriate officials of aggregate, or by the private sector, of ‘‘(1) PERSONNEL AND SERVICES.— other public and private agencies and instru- $50,000,000 or more (adjusted annually for in- ‘‘(1) OFFICERS AND EMPLOYEES.—Except as mentalities concerning the use of services, flation beginning with the year following the provided in section 40121(a) of this title and equipment, personnel, and facilities. The date of enactment of the Air Traffic Manage- section 347 of Public Law 104–50, the Admin- head of each Federal agency shall cooperate ment System Performance Improvement Act istrator is authorized, in the performance of with the Administrator in making the serv- of 1996) in any 1 year, or any regulation the functions of the Administrator, to ap- ices, equipment, personnel, and facilities of which is significant, unless the Secretary of point, transfer, and fix the compensation of the Federal agency available to the Adminis- Transportation approves the issuance of the such officers and employees, including attor- trator. The head of a Federal agency is au- regulation in advance. For purposes of this neys, as may be necessary to carry out the thorized, notwithstanding any other provi- paragraph, a regulation is significant if it is functions of the Administrator and the Ad- sion of law, to transfer to or to receive from likely to— ministration. In fixing compensation and the Administration, without reimbursement,

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10700 CONGRESSIONAL RECORD — SENATE September 17, 1996 supplies and equipment other than adminis- an officer or employee of the United States undertake a review of the overall condition trative supplies or equipment.’’. Government while serving as a member of of aviation safety in the United States and SEC. 628. PROPERTY. the Council. emerging trends in the safety of particular Section 106, as amended by section 627 of ‘‘(4) FUNCTIONS.— sections of the aviation industry. This shall this title, is further amended by adding at ‘‘(A) IN GENERAL.—(i) The Council shall include an examination of— the end the following new subsection: provide advice and counsel to the Adminis- ‘‘(A) the extent to which the dual mission ‘‘(n) ACQUISITION.— trator on issues which affect or are affected of the Administration to promote and regu- ‘‘(1) IN GENERAL.—The Administrator is au- by the operations of the Administrator. The late civil aviation may affect aviation safety thorized— Council shall function as an oversight re- and provide recommendations to Congress ‘‘(A) to acquire (by purchase, lease, con- source for management, policy, spending, for any necessary changes the Council, in demnation, or otherwise), construct, im- and regulatory matters under the jurisdic- conjunction with Administration, deems approve, repair, operate, and maintain— tion of the Administration. propriate; and ‘‘(i) air traffic control facilities and equip- ‘‘(ii) The Council shall review the rule- ‘‘(B) the adequacy of staffing and training ment; making cost-benefit analysis process and de- resources for safety personnel of the Admin- ‘‘(ii) research and testing sites and facili- velop recommendations to improve the anal- istration, including safety inspectors. ties; and ysis and ensure that the public interest is The Council shall report to Congress within ‘‘(iii) such other real and personal property fully protected. 180 days after the date of enactment of this (including office space and patents), or any ‘‘(iii) The Council shall review the process Act on its findings and recommendations interest therein, within and outside the con- through which the Administration deter- under this paragraph. tinental United States as the Administrator mines to use advisory circulars and service SEC. 631. AIRCRAFT ENGINE STANDARDS. considers necessary; bulletins. Subsection (a)(1) of section 44715 is amend- ‘‘(B) to lease to others such real and per- ‘‘(B) MEETINGS.—The Council shall meet on ed to read as follows: sonal property; and a regular and periodic basis or at the call of ‘‘(a) STANDARDS AND REGULATIONS.—(1) To ‘‘(C) to provide by contract or otherwise the chairman or of the Administrator. relieve and protect the public health and for eating facilities and other necessary fa- ‘‘(C) ACCESS TO DOCUMENTS AND STAFF.— welfare from aircraft noise, sonic boom, and cilities for the welfare of employees of the The Administration may give the Council aircraft engine emissions, the Administrator Administration at the installations of the appropriate access to relevant documents of the Federal Aviation Administration, as Administration, and to acquire, operate, and and personnel of the Administration, and the he deems necessary, shall prescribe— maintain equipment for these facilities. Administrator shall make available, con- ‘‘(A) standards to measure aircraft noise ‘‘(2) TITLE.—Title to any property or inter- sistent with the authority to withhold com- and sonic boom; est therein acquired pursuant to this sub- mercial and other proprietary information ‘‘(B) regulations to control and abate air- section shall be held by the Government of under section 552 of title 5 (commonly known craft noise and sonic boom; and the United States.’’. as the ‘Freedom of Information Act’), cost ‘‘(C) emission standards applicable to the SEC. 629. TRANSFERS OF FUNDS FROM OTHER data associated with the acquisition and op- emission of any air pollutant from any class FEDERAL AGENCIES. eration of air traffic service systems. Any or classes of aircraft engines which, in the Section 106, as amended by section 628 of member of the Council who receives judgment of the Administrator, causes, or this title, is further amended by adding at comercial or other proprietary data from the contributes to, air pollution which may rea- the end the following new subsection: Administrator shall be subject to the provi- sonably be anticipated to endanger public ‘‘(o) TRANSFERS OF FUNDS.—The Adminis- sions of section 1905 of title 18, pertaining to health or welfare.’’. trator is authorized to accept transfers of unauthorized disclosure of such information. SEC. 632. RURAL AIR FARE STUDY. unobligated balances and unexpended bal- ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT NOT (a) IN GENERAL.—The Secretary shall con- ances of funds appropriated to other Federal TO APPLY.—The Federal Advisory Committee duct a study to— agencies (as such term is defined in section Act (5 U.S.C. App.) does not apply to the (1) compare air fares paid (calculated as 551(1) of title 5) to carry out functions trans- Council or such aviation rulemaking com- both actual and adjusted air fares) for air ferred by law to the Administrator or func- mittees as the Administrator shall des- transportation on flights conducted by com- tions transferred pursuant to law to the Ad- ignate. mercial air carriers— ministrator on or after the date of the enact- ‘‘(6) ADMINISTRATIVE MATTERS.— (A) between— ment of the Air Traffic Management System ‘‘(A) TERMS OF MEMBERS.—(i) Except as (i) nonhub airports located in small com- Performance Improvement Act of 1996.’’. provided in subparagraph (B), members of munities; and SEC. 630. MANAGEMENT ADVISORY COUNCIL. the Council appointed by the President (ii) large hub airports; and Section 106, as amended by section 629 of under paragraph (2)(C) shall be appointed for (B) between large hub airports; this title, is further amended by adding at a term of 3 years. (2) analyse— the end the following new subsection: ‘‘(ii) Of the members first appointed by the (A) the extent to which passenger service ‘‘(p) MANAGEMENT ADVISORY COUNCIL.— President— that is provided from nonhub airports is pro- ‘‘(1) ESTABLISHMENT.—Within 3 months ‘‘(I) 4 shall be appointed for terms of 1 vided on— after the date of enactment of the Air Traffic year; (i) regional commuter commercial air car- Management System Performance Improve- ‘‘(II) 5 shall be appointed for terms of 2 riers; or ment Act of 1996, the Administrator shall es- years; and (ii) major air carriers; tablish an advisory council which shall be ‘‘(III) 4 shall be appointed for terms of 3 (B) the type of aircraft employed in pro- known as the Federal Aviation Management years. viding passenger service at nonhub airports; Advisory Council (in this subsection referred ‘‘(iii) An individual chosen to fill a va- and to as the ‘Council’). With respect to Adminis- cancy shall be appointed for the unexpired (C) whether there is competition among tration management, policy, spending, fund- term of the member replaced. commercial air carriers with respect to the ing, and regulatory matters affecting the ‘‘(iv) A member whose term expires shall provision of air service to passengers from aviation industry, the Council may submit continue to serve until the date on which the nonhub airports. comments, recommended modifications, and member’s successor takes office. (b) FINDINGS.—The Secretary shall include dissenting views to the Administrator. The ‘‘(B) CHAIRMAN; VICE CHAIRMAN.—The Coun- in the report of the study conducted under Administrator shall include in any submis- cil shall elect a chair and a vice chair from subsection (a) findings concerning— sion to Congress, the Secretary, or the gen- among the members appointed under para- (1) whether passengers who use commercial eral public, and in any submission for publi- graph (2)(C), each of whom shall serve for a air carriers to and from rural areas (as de- cation in the Federal Register, a description term of 1 year. The vice chair shall perform fined by the Secretary) pay a disproportion- of the comments, recommended modifica- the duties of the chairman in the absence of ately greater price for that transportation tions, and dissenting views received from the the chairman. than passengers who use commercial air car- Council, together with the reasons for any ‘‘(C) TRAVEL AND PER DIEM.—Each member riers between urban areas (as defined by the differences between the views of the Council of the Council shall be paid actual travel ex- Secretary); and the views or actions of the Adminis- penses, and per diem in lieu of subsistence (2) the nature of competition, if any, in trator. expenses when away from his or her usual rural markets (as defined by the Secretary) ‘‘(2) MEMBERSHIP.—The Council shall con- place of residence, in accordance with sec- for commercial air carriers; sist of 15 members, who shall consist of— tion 5703 of title 5. (3) whether a relationship exists between ‘‘(A) a designee of the Secretary of Trans- ‘‘(D) DETAIL OF PERSONNEL FROM THE AD- higher air fares and competition among com- portation; MINISTRATION.—The Administrator shall mercial air carriers for passengers traveling ‘‘(B) a designee of the Secretary of Defense; make available to the Council such staff, in- on jet aircraft from small communities (as and formation, and administrative services and defined by the Secretary) and, if such a rela- ‘‘(C) 13 members representing aviation in- assistance as may reasonably be required to tion exists, the nature of that relationship; terests, appointed by the President by and enable the Council to carry out its respon- (4) the number of small communities that with the advice and consent of the Senate. sibilities under this subsection. have lost air service as a result of the de- ‘‘(3) QUALIFICATIONS.—No member ap- ‘‘(7) REPORT TO CONGRESS.—The Council, in regulation of commercial air carriers with pointed under paragraph (2)(C) may serve as conjunction with the Administration, shall respect to air fares;

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10701 (5) the number of small communities joint actions to improve or replenish the na- ulations and opinions promulgated by the Of- served by airports with respect to which, tional air traffic control system. The Admin- fice of Government Ethics, including those after commercial air carrier fares were de- istration may require real property, goods, set forth in section 3635 of title 5 of the Code regulated, jet aircraft service was replaced and services through the The Department of of Federal Regulations. by turboprop aircraft service; and Defense, or other appropriate agencies, but is ‘‘(e) EMPLOYEE PROTECTIONS.—Until July 1, (6) LARGE HUB AIRPORT.—The term ‘‘large bound by the acquisition laws and regula- 1999, basic wages (including locality pay) and hub airport’’ shall be defined by the Sec- tions governing those cases. operational differential pay provided em- retary but the definition may not include a ‘‘(3) REPORT.—If the Administrator makes ployees of the Administration shall not be small hub airport, as that term is defined in a determination under paragraph (1), the Ad- involuntarily adversely affected by reason of section 41731(a)(5) of such title. ministrator shall transmit a copy of the de- the enactment of this section, except for un- (7) MAJOR AIR CARRIER.—The term ‘‘major termination, together with a statement of acceptable performance or by reason of a re- air carrier’’ shall be defined by the Sec- the basis for the determination, to the Com- duction in force or reorganization or by retary. mittees on Appropriations of the Senate and agreement between the Administration and (8) NONHUB AIRPORT.—The term ‘‘nonhub the House of Representatives, the Committee the affected employees’ exclusive bargaining airport’’ is defined in section 41731(a)(4) of on Commerce, Science, and Transportation representative. such title. of the Senate, and the Committee on Trans- ‘‘(f) LABOR-MANAGEMENT AGREEMENTS.— (9) REGIONAL COMMUTER AIR CARRIER.—The portation and infrastructure of the House of Except as otherwise provided by this title, term ‘‘regional commuter air carrier’’ shall Representatives.’’. all labor-management agreements covering be defined by the Secretary. SEC. 653. FEDERAL AVIATION ADMINISTRATION employees of the Administration that are in Subtitle B—Federal Aviation Administration PERSONNEL MANAGEMENT SYSTEM. effect on the effective date of the Air Traffic Streamlining Programs Chapter 401, as amended by section 652, is Management System Performance Improve- ment Act of 1996 shall remain in effect until SEC. 651. REVIEW OF ACQUISITION MANAGE- further amended by inserting after section MENT SYSTEM. 40121 the following new section: their normal expiration date, unless the Ad- ministrator and the exclusive bargaining Not later than April 1, 1999, the Adminis- ‘‘§40122. Federal Aviation Administration per- representation agree to the contrary.’’. tration shall employ outside experts to pro- sonnel management system SEC. 654. CONFORMING AMENDMENT. vide an independent evaluation of the effec- ‘‘(a) IN GENERAL.— The chapter analysis for chapter 401, as tiveness of its acquisition management sys- ‘‘(1) CONSULTATION AND NEGOTIATION.—In amended by section 403(b) of this Act, is tem within 3 months after such date. The developing and making changes to the per- amended by striking the item relating to Administrator shall transmit a copy of the sonnel management system initially imple- section 40120 and inserting the following new evaluation to the Committee on Commerce, mented by the Administrator on April 1, items: Science, and Transportation of the Senate, 1996, the Administrator shall negotiate with and the Committee on Transportation and the exclusive bargaining representatives of ‘‘40121. Air traffic control modernization re- Infrastructure of the House of Representa- employees of the Administration certified views. tives. under section 7111 of title 5 and consult with ‘‘40122. Federal Aviation Administration per- SEC. 652. AIR TRAFFIC CONTROL MODERNIZA- other employees of the Administration. sonnel management system. ‘‘40123. Relationship to other laws.’’. TION REVIEWS. ‘‘(2) MEDIATION.—If the Administrator does Chapter 401, as amended by section 402 of not reach an agreement under paragraph (1) Subtitle C—System To Fund Certain Federal this Act, is amended by redesignating sec- with the exclusive bargaining representa- Aviation Administration Functions tion 40121 as 40123, and by inserting after sec- tives, the services of the Federal Mediation SEC. 671. FINDINGS. tion 40120 the following new section: and Conciliation Service shall be used to at- The Congress finds the following: ‘‘§ 40121. Air traffic control modernization re- tempt to reach such agreement. If the serv- (1) The Administration is recognized views ices of the Federal Mediation and Concilia- throughout the world as a leader in aviation safety. ‘‘(a) REQUIRED TERMINATIONS OF ACQUISI- tion Service do not lead to an agreement, the (2) The Administration certifies aircraft, TIONS.—The Administrator of the Federal Administrator’s proposed change to the per- engines, propellers, and other manufactured Aviation Administration (hereinafter re- sonnel management system shall not take effect until 60 days have elapsed after the parts. ferred to in this section as the ‘Adminis- (3) The Administration certifies more than trator’) shall terminate any program initi- Administrator has transmitted the proposed change, along with the objections of the ex- 650 training schools for pilots and nonpilots, ated after the date of enactment of the Air more than 4,858 repair stations, and more Traffic Management System Performance clusive bargaining representatives to the change, and the reasons for such objections, than 193 maintenance schools. Improvement Act of 1996 and funded under (4) The Administration certifies pilot ex- to the Congress. the Facilities and Equipment account that— aminers, who are then qualified to determine ‘‘(3) COST SAVINGS AND PRODUCTIVITY ‘‘(1) is more than 50 percent over the cost if a person has the skills necessary to be- goal established for the program; GOALS.—The Administration and the exclusive bargaining representatives of the em- come a pilot. ‘‘(2) fails to achieve at least 50 percent of (5) The Administration certifies more than ployees shall use every reasonable effort to the performance goals established for the 6,000 medical examiners, each of whom is find cost savings and to increase produc- program; or then qualified to medically certify the quali- tivity within each of the affected bargaining ‘‘(3) is more than 50 percent behind sched- fications of pilots and nonpilots. ule as determined in accordance with the units. (6) The Administration certifies more than ‘‘(4) ANNAL BUDGET DISCUSSIONS.—The Ad- schedule goal established for the program. 470 airports, and provides a limited certifi- ministration and the exclusive bargaining ‘‘(b) AUTHORIZED TERMINATIONS OF ACQUISI- cation for another 205 airports. Other air- representatives of the employees shall meet TIONS.—The Administrator shall consider ports in the United States are also reviewed annually for the purpose of finding addi- terminating, under the authority of sub- by the Administration. section (a), any substantial acquisition tional cost savings within the Administra- (7) The Administration each year performs that— tion’s annual budget as it applies to each of more than 355,000 inspections. ‘‘(1) is more than 10 percent over the cost the affected bargaining units and throughout (8) The Administration issues more than goal established for the program; the agency. 655,000 pilot’s licenses and more than 560,000 ‘‘(2) fails to achieve at least 90 percent of ‘‘(b) EXPERT EVALUATION.—On the date nonpilot’s licenses (including mechanics). the performance goals established for the that is 3 years after the personnel manage- (9) The Administration’s certification program; or ment system is implemented, the Adminis- means that the product meets worldwide rec- ‘‘(3) is more than 10 percent behind sched- tration shall employ outside experts to pro- ognized standards of safety and reliability. ule as determined in accordance with the vide an independent evaluation of the effec- (10) The Administration’s certification schedule goal established for the program. tiveness of the system within 3 months after means aviation-related equipment and serv- ‘‘(c) EXCEPTIONS AND REPORT.— such date. For this purpose, the Adminis- ices meet worldwide recognized standards. ‘‘(1) CONTINUANCE OF PROGRAM, ETC.—Not- trator may utilize the services of experts and (11) The Administration’s certification is withstanding subsection (a), the Adminis- consultants under section 3109 of title 5 with- recognized by governments and businesses trator may continue an acquisitions program out regard to the limitation imposed by the throughout the world and as such may be a required to be terminated under subsection last sentence of section 3109(b) of such title, valuable element for any company desiring (a) if the Administrator determines that ter- and may contract on a sole source basis, not- to sell aviation-related products throughout mination would be inconsistent with the de- withstanding any other provision of law to the world. velopment or operation of the national air the contrary. (12) The Administration’s certification transportation system in a safe and efficient ‘‘(c) PAY RESTRICTION.—No offer or em- may constitute a valuable license, franchise, manner. ployee of the Administration may receive an privilege, or benefits for the holders. ‘‘(2) DEPARTMENT OF DEFENSE.—The De- annual rate of basic pay in excess of the an- (13) The Administration also is a major partment of Defense shall have the same ex- nual rate of basic pay payable to the Admin- purchaser of computers, radars, and other emptions from acquisition laws as are istrator. systems needed to run the air traffic control waived by the Administrator under section ‘‘(d) ETHICS.—The Administration shall be system. The Administration’s design, accept- 348(b) of Public Law 104–50 when engaged in subject to Executive Order No. 12674 and reg- ance, commissioning, or certification of such

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10702 CONGRESSIONAL RECORD — SENATE September 17, 1996

equipment enables the private sector to mar- regard to any such provisions requiring com- (3) HEARINGS AND CONSULTATION.— ket those products around the world, and as petitive bidding or precluding sole source (a) HEARINGS.—The task force shall take such confers a benefit on the manufacturer. contract authority.’’. such testimony and solicit and receive such (14) The Administration provides extensive (b) CONFORMING AMENDMENT.—The chapter comments from the public and other inter- services to public use aircraft. analysis for chapter 453 is amended by strik- ested parties as it considers appropriate, SEC. 672. PURPOSES. ing the item relating to section 45301 and in- shall conduct 2 public hearings after afford- The purposes of this title are— serting the following new item: ing adequate notice to the public thereof, (1) to provide a financial structure for the ‘‘45301. General provisions.’’. and is authorized to conduct such additional Administration so that it will be able to sup- (c) REPEAL.— hearings as may be necessary. port the future growth in the national avia- (1) IN GENERAL.—Section 70118 is re- (B) CONSULTATION.—The task force shall tion and airport system; pealed. consult on a regular and frequent basis with (2) to review existing and alternative fund- (2) CONFORMING AMENDMENT.—The the Secretary of Transportation, the Sec- ing options, including incentive-based fees chapter analysis for chapter 701 is retary of the Treasury, the Committee on for services, and establish a program to im- amended by striking the item relating Commerce, Science, and Transportation and the Committee on Finance of the Senate, prove air traffic management system per- to section 70118. formance and to establish appropriate levels and the Committee on Transportation and SEC. 674. INDEPENDENT ASSESSMENT AND TASK of cost accountability for air traffic manage- Infrastructure and the Committee on Ways FORCE TO REVIEW EXISTING AND and Means of the House of Representatives. ment services provided by the Administra- INNOVATIVE FUNDING MECHA- (C) FACA NOT TO APPLY.—The task force tion; NISMS. shall not be considered an advisory com- (3) to ensure that any funding will be dedi- (a) INDEPENDENT ASSESSMENT.— cated solely for the use of the Administra- (1) INITIATION.—As soon as all members of mittee for purposes of the Federal Advisory tion; the task force are appointed under sub- Committee Act (5 U.S.C. App.). (4) to authorize the Administration to re- section (b) of this section, the Administrator (4) DUTIES.— cover the costs of its services from those who shall contract with an entity independent of (A) REPORT TO SECRETARY.— (i) IN GENERAL.—The task force shall sub- benefit from, but do not contribute to, the the Administration and the Department of mit a report setting forth a comprehensive national aviation system and the services Transportation to conduct a complete inde- analysis of the Administration’s budgetary provided by the Administration; pendent assessment of the financial require- requirements through fiscal year 2002, based (5) to consider a fee system based on the ments of the Administration through the upon the independent assessment under sub- cost or value of the services provided and year 2002. other funding alternatives; (2) ASSESSMENT CRITERIA.—The Adminis- section (a), that analyzes alternative financ- (6) to develop funding options for the Con- trator shall provide to the independent enti- ing and funding means for meeting the needs gress in order to provide for the long-term ty estimates of the financial requirements of of the aviation system through the year 2002. efficient and cost-effective support of the the Administration for the period described The task force shall submit a preliminary re- Administration and the aviation system; and in paragraph (1), using as a base the fiscal port of that analysis to the Secretary not (7) to achieve a more efficient and effective year 1997 authorization levels established by later than 6 months after the independent Administration for the benefit of the avia- the Congress. The independent assessment assessment is completed under subsection tion transportation industry. shall be based on an objective analysis of (a). The Secretary shall provide comments on the preliminary report to the task force SEC. 673. USER FEES FOR VARIOUS FEDERAL agency funding needs. AVIATION ADMINISTRATION SERV- (3) CERTAIN FACTORS TO BE TAKEN INTO AC- within 30 days after receiving it. The task ICES. COUNT.—The independent assessment shall force shall issue a final report of such com- (1) IN GENERAL.—Chapter 453 is amended by take into account all relevant factors, in- prehensive analysis within 30 days after re- striking section 45301 and inserting the fol- cluding— ceiving the Secretary’s comments on its pre- lowing new section: (A) anticipated air traffic forecasts; liminary report. (i) CONTENTS.—The report submitted by the ‘‘§ 45301. General provisions (B) other workload measures; (C) estimated productivity gains, if any, task force under clause (i)— ‘‘(a) SCHEDULE OF FEES.—The Adminis- which contribute to budgetary requirements; (I) shall consider the independent assess- trator shall establish a schedule of new fees, (D) the need for programs; and ment under subsection (a); and a collection process for such fees, for the (E) the need to provide for continued im- (II) shall consider estimated cost savings, following services provided by the Adminis- provements in all facets of aviation safety, if any, resulting from the procurement and tration: along with operational improvements in air personnel reforms included in this Act or in ‘‘(1) Air traffic control and related services traffic control. sections 347 and 348 of Public Law 104–50, and provided to aircraft other than military and (4) COST ALLOCATION.—The independent as- additional financial initiatives; civilian aircraft of the United States Govern- sessment shall also assess the costs to the (III) shall include specific recommenda- ment or of a foreign government that neither Administration occasioned by the provision tions to the Congress on how the Adminis- take off from, nor land in, the United States. of services to each segment of the aviation tration can reduce costs, raise additional ‘‘(2) Services (other than air traffic control system. revenue for the support of agency operations, services) provided to a foreign government. (5) DEADLINE.—The independent assess- and accelerate modernization efforts; and ‘‘(b) LIMITATIONS.— ment shall be completed no later than 90 (IV) shall include a draft bill containing ‘‘(1) AUTHORIZATION AND IMPACT CONSIDER- days after the contract is awarded, and shall the changes in law necessary to implement ATIONS.—In establishing fees under sub- be submitted to the task force, the Sec- its recommendations. section (a), the Administrator— retary, the Secretary of the Treasury, the (B) RECOMMENDATIONS.—The task force ‘‘(A) is authorized to recover in fiscal year Committee on Commerce, Science, and shall make such recommendations under 1997 $100,000,000; and Transportation and the Committee on Fi- subparagraph (A)(III) as the task force deems ‘‘(B) shall ensure that each of the fees re- nance of the Senate, and the Committee on appropriate. Those recommendations may quired by subsection (a) is directly related to Transportation and Infrastructure and the include— the Administration’s costs of providing the Committee on Ways and Means of the House (i) alternative financing and funding pro- service rendered. of Representatives. posals, including linked financing proposals; ‘‘(2) PUBLICATION; COMMENT.—The Adminis- (b) TASK FORCE.— (ii) modifications to existing levels of Air- trator shall publish in the Federal Register (1) ESTABLISHMENT.—Not later than 30 days ports and Airways Trust Fund receipts and an initial fee schedule and associated collec- after the date of enactment of this Act, the taxes for each type of tax; tion process as an interim final rule, pursu- Secretary, in consultation with the Sec- (iii) establishment of a cost-based user fee ant to which public comment will be sought retary of the Treasury, shall establish an 11- system based on, but not limited to, criteria and a final rule issued. member task force, independent of the Ad- under subparagraph (F) and methods to en- ‘‘(c) USE OF EXPERTS AND CONSULTANTS.— ministration and the Department of Trans- sure that costs are borne by users on a fair In developing the system, the Administrator portation. and equitable basis; may consult with such nongovernmental ex- (2) MEMBERSHIP.—The members of the task (iv) methods to ensure that funds collected perts as the Administrator may employ and force shall be selected from among individ- from the aviation community are able to the Administrator may utilize the services of uals who have expertise in the aviation in- meet the needs of the agency; experts and consultants under section 3109 of dustry and who are able, collectively, to rep- (v) methods to ensure that funds collected title 5 without regard to the limitation im- resent a balance view of the issues important from the aviation community and passengers posed by the last sentence of section 3109(b) to general aviation, major air carriers, air are used to support the aviation system; of such title, and may contract on a sole cargo carriers, regional air carriers, business (vi) means of meeting the airport infra- source basis, notwithstanding any other pro- aviation, airports, aircraft manufacturers, structure needs for large, medium, and small vision of law to the contrary. Notwith- the financial community, aviation industry airports; and standing any other provision of law to the workers, and airline passengers. At least one (vii) any other matter the task force deems contrary, the Administrator may retain such member of the task force shall have detailed appropriate to address the funding and needs experts under a contract awarded on a basis knowledge of the congressional budgetary of the Administration and the aviation sys- other than a competitive basis and without process. tem.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10703

(C) ADDITIONAL RECOMMENDATIONS.—The (G) ACCESS TO DOCUMENTS AND STAFF.—The than 120 days after the date of enactment of task force report may also make rec- Administration may give the task force ap- this Act. ommendations concerning— propriate access to relevant documents and SEC. 675. PROCEDURE FOR CONSIDERATION OF (i) means of improving productivity by ex- personnel of the Administration, and the Ad- CERTAIN FUNDING PROPOSALS. panding and accelerating the use of automa- ministrator shall make available, consistent (a) IN GENERAL.—Chapter 481 is amended tion and other technology; with the authority to withhold commercial by adding at the end thereof the following: (ii) means of contracting out services con- and other proprietary information under sec- ‘‘§ 48111. Funding proposals sistent with this Act, other applicable law, tion 552 of title 5, United States Code (com- ‘‘(a) INTRODUCTION AND REFERRAL.—Within and safety and national defense needs; monly known as the ‘Freedom of Informa- 15 days (not counting any day on which ei- (iii) methods to accelerate air traffic con- tion Act’) cost data associated with the ac- trol modernization and improvements in ther House is not in session) after a funding quisition and operation of air traffic service proposal is submitted to the House of Rep- aviation safety and safety services; systems. Any member of the task force who (iv) the elimination of unneeded programs; resentatives and the Senate by the Secretary receives commercial or other proprietary of Transportation under section 674(c) of the and data from the Administrator shall be subject (v) a limited innovative program based on Air Traffic Management System Perform- to the provisions of section 1905 of title 18, ance Improvement Act of 1996, an imple- funding mechanisms such as loan guaran- United States Code, pertaining to unauthor- tees, financial partnerships with for-profit menting bill with respect to such funding ized disclosure of such information. proposed shall be introduced in the House by private sector entities, government-spon- (H) TRAVEL AND PER DIEM.—Each member the Majority Leader of the House, for him- sored enterprises, and revolving loan funds, of the task force shall be paid actual travel self and the Minority Leader of the House, or as a means of funding specific facilities and expenses, and per diem in lieu of subsistence by Members of the House designated by the equipment projects, and to provide limited expenses when away from his or her usual Majority Leader and Minority Leader of the additional funding alternatives for airport place of residence, in accordance with sec- House; and shall be introduced in the Senate capacity development. tion 5703 of title 5, United States Code. by the Majority Leader of the Senate, for (D) IMPACT ASSESSMENT FOR RECOMMENDA- (I) DETAIL OF PERSONNEL FROM THE ADMIN- himself and the Minority Leader of the Sen- TIONS.—For each recommendation contained ISTRATION.—The Administrator shall make ate, or by Members of the Senate designated in the task force’s report, the report shall in- available to the task force such staff, infor- by the Majority Leader and Minority Leader clude a full analysis and assessment of the mation, and administrative services and as- of the Senate. The implementing bill shall be impact implementation of the recommenda- sistance as may reasonably be required to referred by the Presiding Officers of the re- tion would have on— enable the task force to carry out its respon- spective Houses to the appropriate com- (i) safety; sibilities under this subsection. mittee, or, in the case of a bill containing (ii) administrative costs; (5) AUTHORIZATION OF APPROPRIATIONS.— (iii) the congressional budget process; There are hereby authorized to be appro- provisions within the jurisdiction of two or (iv) the economics of the industry (includ- priated such sums as may be necessary to more committees, jointly to such commit- ing the proportionate share of all users); carry out the provisions of this subsection. tees for consideration of those provisions (v) the ability of the Administration to (c) REPORT BY SECRETARY TO CONGRESS.— within their respective jurisdictions. utilize the sums collected; and (1) CONSIDERATION OF TASK FORCE’S PRE- ‘‘(b) CONSIDERATION IN THE HOUSE OF REP- (vi) the funding needs of the Administra- LIMINARY REPORT.—Within 30 days after re- RESENTATIVES.— tion. ceiving the preliminary report of the task ‘‘(1) REFERRAL AND REPORTING.—Any com- (E) TRUST FUND TAX RECOMMENDATIONS.—If force under subsection (b), the Secretary, in mittee of the House of Representatives to the task force’s report includes a rec- consultation with the Secretary of the which an implementing bill is referred shall ommendation that the existing Airport and Treasury, shall furnish comments on that re- report it, with or without recommendation, Airways Trust Fund tax structure be modi- port to the task force. not later than the 45th calendar day of ses- fied, the report shall— (2) SECRETARY’S REPORT TO CONGRESS.— sion after the date of its introduction. If any (i) state the specific rates for each group Within 30 days after receiving the final re- committee fails to report the bill within that affected by the proposed modifications; port of the task force and in no event more period, it is in order to move that the House (ii) consider the impact such modifications than 1 year after the date of enactment of discharge the committee from further con- shall have on specific users and the public this Act, the Secretary, after consulting the sideration of the bill. A motion to discharge (including passengers); and Secretary of the Treasury, shall submit a re- may be made only by a Member favoring the (iii) state the basis for the recommenda- bill (but only at a time or place designated tions. port, based upon the final report of the task force, containing the Secretary’s rec- by the Speaker in the legislative schedule of (F) FEE SYSTEM RECOMMENDATIONS.—If the the day after the calendar day on which the task force’s report includes a recommenda- ommendations for funding the needs of the aviation system through the year 2002 to the Member offering the motion announces to tion that a fee system be established, includ- the House his intention to do so and the form ing an air traffic control performance-based Committee on Commerce, Science, and Transportation and the Committee on Fi- of the motion). The motion is highly privi- user fee system, the report shall consider— leged. Debate thereon shall be limited to not (i) the impact such a recommendation nance of the Senate and the Committee on more than one hour, the time to be divided would have on passengers, air fares (includ- Transportation and Infrastructure and the in the House equally between a proponent ing low-fare, high frequency service), service, Committee on Ways amd Means of the House and an opponent. The previous question shall and competition; of Representatives. be considered as ordered on the motion to its (ii) existing contributions provided by indi- (3) CONTENTS.—The Secretary shall include adoption without intervening motion. A mo- vidual air carriers toward funding the Ad- in his report to the Congress under para- tion to reconsider the vote by which the mo- ministration and the air traffic control sys- graph (2)— tion is agreed to or disagreed to shall not be tem through contributions to the Airport (A) a copy of the final report of the task in order. and Airways Trust Fund; force; and ONSIDERATION OF IMPLEMENTING (iii) continuing the promotion of fair and (B) a draft bill containing the changes in ‘‘(2) C BILL.—After an implementing bill is reported competitive practices; law necessary to implement the Secretary’s (iv) the unique circumstances associated recommendations. or a committee has been discharged from with interisland air carrier service in Hawaii (4) PUBLICATION.—The Secretary shall further consideration, it is in order to move and rural air service in Alaska; cause a copy of the reports to be printed in that the House resolve into the Committee (v) the impact such a recommendation the Federal Register upon their submission of the Whole House on the State of the Union would have on service to small communities; to Congress. for consideration of the bill. If reported and (vi) the impact such a recommendation (d) GAO AUDIT OF COST ALLOCATION.—The the report has been available for at least one would have on services provided by regional Comptroller General shall conduct an assess- calendar day, all points of order against the air carriers; ment of the manner in which costs for air bill and against consideration of the bill are (vii) alternative methodologies for calcu- traffic control services are allocated between waived. If discharged, all points of order lating fees so as to achieve a fair and reason- the Administration and the Department of against the bill and against consideration of able distribution of costs of service among Defense. The Comptroller General shall re- the bill are waived. The motion is highly users; port the results of the assessment, together privileged. A motion to reconsider the vote (viii) the usefulness of phased-in ap- with any recommendations the Comptroller by which the motion is agreed to or dis- proaches to implementing such a financing General may have for reallocation of costs agreed to shall not be in order. During con- system; and for opportunities to increase the effi- sideration of the bill in the Committee of the (ix) means of assuring the provision of gen- ciency of air traffic control services provided Whole, the first reading of the bill shall be eral fund contributions, as appropriate, to- by the Administration and by the Depart- dispensed with. General debate shall proceed, ward the support of the Administration; and ment of Defense, to the task force, the Ad- shall be confined to the bill, and shall not ex- (x) the provision of incentives to encourage ministrator, the Secretary of Defense, the ceed one hour equally divided and controlled greater efficiency in the provision of air traf- Committee on Transportation and Infra- by a proponent and an opponent of the bill. fic services by the Administration and great- structure of the House of Representatives, The bill shall be considered as read for er efficiency in the use of air traffic services and the Committee on Commerce, Science, amendment under the five-minute rule. Only by aircraft operators. and Transportation of the Senate not later one motion to rise shall be in order, except

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10704 CONGRESSIONAL RECORD — SENATE September 17, 1996

if offered by the manager. No amendment to debate (except as permitted under paragraph ‘‘(2) FUNDING PROPOSAL.—The term ‘fund- the bill is in order except an amendment (9)), to vote on the final disposition thereof ing proposal’ means a proposal to provide in- that is relevant to aviation funding and the to the exclusion of all amendments not then terim or permanent funding for operations of Federal Aviation Administration. Consider- pending and to the exclusion of all motions, the Federal Aviation Administration. ation of the bill for amendment shall not ex- except a motion to reconsider or table. ‘‘(f) RULES OF HOUSE OF REPRESENTATIVES ceed one hour excluding time for recorded ‘‘(B) The time for debate on the imple- AND SENATE.—This section is enacted by the votes and quorum calls. No amendment shall menting bill shall be equally divided between Congress— be subject to further amendment, except pro the Majority Leader and the Minority Lead- ‘‘(1) as an exercise of the rulemaking power forma amendments for the purposes of deer or their designees. of the House of Representatives and the Sen- bate only. At the conclusion of the consider- ‘‘(7) DEBATE OF AMENDMENTS.—Debate on ate, respectively, and as such they are ation of the bill for amendment, the Com- any amendment to an implementing bill deemed a part of the rules of each House, re- mittee shall rise and report the bill to the shall be limited to one hour, equally divided spectively, but applicable only with respect House with such amendments as may have and controlled by the Senator proposing the to the procedure to be followed in that House been adopted. The previous question shall be amendment and the majority manager, unin the case of implementing bills described considered as ordered on the bill and amend- less the majority manager is in favor of the in subsection (d); and they supersede other ments thereto to final passage without inter- amendment, in which case the minority rules only to the extent that they are incon- vening motion. A motion to reconsider the manager shall be in control of the time in sistent therewith; and vote on passage of the bill shall not be in opposition. ‘‘(2) with full recognition of the constitu- order. ‘‘(8) NO MOTION TO RECOMMIT.—A motion to tional right of either House to change the ‘‘(3) APPEALS OF RULINGS.—Appeals from recommit an implementing bill shall not be rules (so far as relating to the procedure of decision of the Chair regarding application in order. that House) at any time, in the same manner of the rules of the House of Representatives ‘‘(9) DISPOSITION OF SENATE BILL.—If the and to the same extent as in the case of any to the procedure relating to an imple- Senate has read for the third time an imple- other rule of that House.’’. menting bill shall be decided without debate. menting bill that originated in the Senate, (b) CLERICAL AMENDMENT.—The table of ‘‘(4) CONSIDERATION OF MORE THAN ONE IM- then it shall be in order at any time there- sections for chapter 481 is amended by adding PLEMENTING BILL.—It shall not be in order to after to move to proceed to the consideration at the end thereof the following: consider under this subsection more than of an implementing bill for the same special ‘‘48111. Funding proposals.’’. one implementing bill under this section, ex- message received from the House of Rep- SEC. 676. ADMINISTRATIVE PROVISIONS. cept for consideration of a similar Senate resentatives and placed on the Calendar pur- (a) IN GENERAL.—Chapter 453, as amended bill (unless the House has already rejected an suant to paragraph (2), strike all after the by section 654 of this title, is further amend- implementing bill) or more than one motion enacting clause, substitute the text of the ed by— to discharge described in paragraph (1) with Senate implementing bill, agree to the Sen- (1) redesignating section 45303 as section respect to an implementing bill. ate amendment, and vote on final disposition 45304; and ‘‘(c) CONSIDERATION IN THE SENATE.— of the House implementing bill, all without (2) by inserting after section 45302 the fol- ‘‘(1) REFERRAL AND REPORTING.—An imple- any intervening action or debate. lowing: menting bill introduced in the Senate shall ‘‘(10) CONSIDERATION OF HOUSE MESSAGE.— ‘‘§ 45303. Administrative provisions be referred to the appropriate committee or Consideration in the Senate of all motions, ‘‘(a) IN GENERAL.— amendments, or appeals necessary to dispose committees. A committee to which an imple- ‘‘(1) FEES PAYABLE TO ADMINISTRATOR.—All menting bill has been referred shall report of a message from the House of Representa- fees imposed and amounts collected under the bill not later than the 45th day of session tives on an implementing bill shall be lim- this chapter for services performed, or mate- following the date of introduction of that ited to not more than 4 hours. Debate on rials furnished, by the Federal Aviation Ad- bill. If any committee fails to report the bill each motion or amendment shall be limited ministration (hereafter in this section re- within that period, then it shall be in order to 30 minutes. Debate on any appeal or point ferred to as ‘Administration’) are payable to to move to discharge the committee from of order that is submitted in connection with the Administrator. further consideration of the bill under rule the disposition of the House message shall be ‘‘(2) REFUNDS.—The Administrator may re- 17.4 of the Standing Rules of the Senate, and limited to 20 minutes. Any time for debate fund any fee paid by mistake or any amount the bill shall be placed on the Calendar. A shall be equally divided and controlled by paid in excess of that required. motion to discharge the committee from fur- the proponent and the majority manager, ‘‘(3) RECEIPTS CREDITED TO ACCOUNT.—Not- ther consideration of an implementing bill unless the majority manager is a proponent withstanding section 3302 of title 31 all fees under this paragraph shall not be debatable. of the motion, amendment, appeal, or point and amounts collected by the Administra- It shall not be in order to move to reconsider of order, in which case the minority manager tion, except insurance premiums and other the vote by which the motion to discharge shall be in control of the time in opposition. fees charged for the provision of insurance was adopted or rejected, although subse- ‘‘(d) CONSIDERATION IN CONFERENCE.— and deposited in the Aviation Insurance Re- quent motions to discharge may be made ‘‘(1) CONVENING OF CONFERENCE.—In the volving Fund and interest earned on invest- under this paragraph. case of disagreement between the two Houses ments of such Fund, and except amounts ‘‘(2) IMPLEMENTING BILL FROM HOUSE.— of Congress with respect to an implementing which on the date of enactment of the Air When the Senate receives from the House of bill passed by both Houses, conferees should Traffic Management System Performance Representatives an implementing bill, the be promptly appointed and a conference Improvement Act of 1996 are required to be bill shall not be referred to committee and promptly convened, if necessary. credited to the general fund of the Treasury shall be placed on the Calendar. ‘‘(2) HOUSE CONSIDERATION.—Notwith- (whether imposed under this section or ‘‘(3) CONSIDERATION OF SINGLE IMPLE- standing any other rule of the House of Rep- not)— MENTING BILL.—After the Senate has pro- resentatives, it shall be in order to consider ‘‘(A) shall be credited to a separate ac- ceeded to the consideration of an imple- the report of a committee of conference re- count established in the Treasury and made menting bill under this subsection, then no lating to an implementing bill if such report available for Administration activities as other implementing bill originating in that has been available for one calendar day (ex- offsetting collections; same House shall be subject to the proce- cluding Saturdays, Sundays, and legal holi- ‘‘(B) shall be available immediately for ex- dures set forth in this subsection. days, unless the House is in session on such penditure but only for congressionally au- ‘‘(4) AMENDMENTS.—No amendment to the a day) and the accompanying statement thorized and intended purposes; and bill is in order except an amendment that is shall have been filed in the House. ‘‘(C) shall remain available until expended. relevant to aviation funding and the Federal ‘‘(3) SENATE CONSIDERATION.—Consideration ‘‘(4) ANNUAL BUDGET REPORT BY ADMINIS- Aviation Administration. Consideration of in the Senate of the conference report and TRATOR.—The Administrator shall, on the the bill for amendment shall not exceed one any amendments in disagreement on an im- same day each year as the President submits hour excluding time for recorded votes and plementing bill shall be limited to not more the annual budget to the Congress, provide quorum calls. No amendment shall be sub- than 4 hours equally divided and controlled to the Committee on Commerce, Science, ject to further amendment, except for per- by the Majority Leader and the Minority and Transportation of the Senate and the fecting amendments. Leader or their designees. A motion to re- Committee on Transportation and Infra- ‘‘(5) MOTION NONDEBATABLE.—A motion to commit the conference report is not in order. structure of the House of Representatives— proceed to consideration of an implementing ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(A) a list of fee collections by the Admin- bill under this subsection shall not be debat- tion— istration during the preceding fiscal year; able. It shall not be in order to move to re- ‘‘(1) IMPLEMENTING BILL.—The term ‘imple- ‘‘(B) a list of activities by the Administra- consider the vote by which the motion to menting bill’ means only a bill of either tion during the preceding fiscal year that proceed was adopted or rejected, although House of Congress which is introduced as were supported by fee expenditures and ap- subsequent motions to proceed may be made provided in subsection (a) with respect to propriations; under this paragraph. one or more Federal Aviation Administra- ‘‘(C) budget plans for significant programs, ‘‘(6) LIMIT ON CONSIDERATION.— tion funding proposals which contain projects, and activities of the Administra- ‘‘(A) After no more than 20 hours of consid- changes in existing laws or new statutory tion, including out-year funding estimates; eration of an implementing bill, the Senate authority required to implement such fund- ‘‘(D) any proposed disposition of surplus shall proceed, without intervening action or ing proposal or proposals. fees by the Administration; and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10705

‘‘(E) such other information as those com- (b) FINDINGS.—The Congress finds that— ‘‘(f) RECORDS OF EMPLOYMENT OF PILOT AP- mittees consider necessary. (1) air service in rural areas is essential to PLICANTS.— ‘‘(5) DEVELOPMENT OF COST ACCOUNTING SYS- a national transportation network; ‘‘(1) IN GENERAL.—Before hiring an indi- TEM.—The Administration shall develop a (2) the rural air service infrastructure sup- vidual as a pilot, an air carrier shall request cost accounting system that adequately and ports the safe operation of all air travel; and receive the following information: accurately reflects the investments, oper- (3) rural air service creates economic bene- ‘‘(A) FAA RECORDS.—From the Adminis- ating and overhead costs, revenues, and fits for all air carriers by making the na- trator of the Federal Aviation Administra- other financial measurement and reporting tional aviation system available to pas- tion (hereafter in this subsection referred to aspects of its operations. sengers from rural areas; as the ‘Administrator’), records pertaining ‘‘(6) COMPENSATION TO CARRIERS FOR ACTING (4) rural air service has suffered since de- to the individual that are maintained by the AS COLLECTION AGENTS.—The Administration regulation; Administrator concerning— shall prescribe regulations to ensure that (5) the essential air service program under ‘‘(i) current airman certificates (including any air carrier required, pursuant to the Air the Department of Transportation— airman medical certificates) and associated Traffic Management System Performance (A) provides essential airline access to type ratings, including any limitations to Improvement Act of 1996 or any amendments rural and isolated rural communities those certificates and ratings; and made by that Act, to collect a fee imposed on throughout the Nation; ‘‘(ii) summaries of legal enforcement ac- (B) is necessary for the economic growth another party by the Administrator may col- tions resulting in a finding by the Adminis- and development of rural communities; lect from such other party an additional uni- trator of a violation of this title or a regula- (C) is a critical component of the national form amount that the Administrator deter- tion prescribed or order issued under this transportation system of the United States; mines reflects the necessary and reasonable title that was not subsequently overturned. and ‘‘(B) AIR CARRIER AND OTHER RECORDS.— expenses (net of interest accruing to the car- (D) has endured serious funding cuts in re- rier after collection and before remittance) From any air carrier or other person that cent years; and incurred in collecting and handling the fee. (6) a reliable source of funding must be es- has employed the individual at any time dur- ‘‘(7) COST REDUCTION AND EFFICIENCY RE- tablished to maintain air service in rural ing the 5-year period preceding the date of PORT.—Prior to the submission of any pro- areas and the essential air service program. the employment application of the indi- posal for establishment, implementation, or (c) ESSENTIAL AIR SERVICE AUTHORIZA- vidual, or from the trustee in bankruptcy for expansion of any fees or taxes imposed on TION.—Section 41742 is amended to read as such air carrier or person— the aviation industry, the Administrator follows: ‘‘(i) records pertaining to the individual shall prepare a report for submission to the that are maintained by an air carrier under ‘‘§ 41742. Essential air service authorization Congress which includes— regulations set forth in— ‘‘(A) a justification of the need for the pro- ‘‘(a) IN GENERAL.—Out of the amounts re- ‘‘(I) section 121.683 of title 14, Code of Fed- posed fees or taxes; ceived by the Administration credited to the eral Regulations; ‘‘(B) a statement of steps taken by the Ad- account established under section 45303(a)(3) ‘‘(II) paragraph (A) of section VI, appendix ministrator to reduce costs and improve effi- or otherwise provided to the Administration, I, part 121 of such title; ciency within the Administration; the sum of $50,000,000 is authorized and shall ‘‘(III) paragraph (A) of section IV, appendix ‘‘(C) an analysis of the impact of any fee or be made available immediately for obliga- J, part 121 of such title; tax increase on each sector of the aviation tion and expenditure to carry out the essen- ‘‘(IV) section 125.401 of such title; and transportation industry; and tial air service program under this sub- ‘‘(V) section 135.63(a)(4) of such title; and ‘‘(D) a comparative analysis of any de- chapter for each fiscal year. ‘‘(ii) other records pertaining to the indi- crease in tax amounts equal to the receipts ‘‘(b) FUNDING FOR SMALL COMMUNITY AIR vidual that are maintained by the air carrier from which are credited to the Airport and SERVICE.—Notwithstanding any other provi- or person concerning— Airway Trust Fund established under section sion of law, moneys credited to the account ‘‘(I) the training, qualifications, pro- 9502 of the Internal Revenue Code of 1986.’’. established under section 45303(a), including ficiency, or professional competence of the (b) CONFORMING AMENDMENT.—The chapter the funds derived from fees imposed under individual, including comments and evalua- analysis for chapter 453 is amended by strik- the authority contained in section 45301(a), tions made by a check airman designated in ing the item relating to section 45303 and in- shall be used to carry out the essential air accordance with section 121.411, 125.295, or serting the following: service program under this subchapter. Not- 135.337 of such title; ‘‘45303. Administrative provisions. withstanding section 47114(g) of this title, ‘‘(II) any disciplinary action taken with re- ‘‘45304. Maximum fees for private person any amounts from those fees that are not ob- spect to the individual that was not subse- services.’’. ligated or expended at the end of the fiscal quently overturned; and SEC. 677. ADVANCE APPROPRIATIONS FOR AIR- year for the purpose of funding the essential ‘‘(III) any release from employment or res- PORT AND AIRWAY TRUST FUND AC- air service program under this subchapter ignation, termination, or disqualification TIVITIES. shall be made available to the Administra- with respect to employment. (a) IN GENERAL.—Part C of subtitle VII is tion for use in improving rural air safety ‘‘(C) NATIONAL DRIVER REGISTER RECORDS.— amended by adding at the end the following under subchapter I of chapter 471 of this title In accordance with section 30305(b)(7), from new chapter: and shall be used exclusively for projects at the chief driver licensing official of a State, ‘‘CHAPTER 482—ADVANCE APPROPRIA- rural airports under this subchapter.’’. information concerning the motor vehicle TIONS FOR AIRPORT AND AIRWAY (d) CONFORMING AMENDMENT.—The chapter driving record of the individual. TRUST FACILITIES analysis for chapter 417 is amended by strik- ‘‘(2) WRITTEN CONSENT; RELEASE FROM LI- ‘‘Sec. ing the item relating to section 41742 and in- ABILITY.—An air carrier making a request for ‘‘48201. Advance appropriations. serting the following: records under paragraph (1)— ‘‘(A) shall be required to obtain written ‘‘41742. Essential air service authorization.’’. ‘‘§ 48201. Advance appropriations consent to the release of those records from ‘‘(a) MULTIYEAR AUTHORIZATIONS.—Begin- (e) SECRETARY MAY REQUIRE MATCHING the individual that is the subject of the ning with fiscal year 1998, any authorization LOCAL FUNDS.—Section 41737 is amended by records requested; and of appropriations for an activity for which adding at the end thereof the following: ‘‘(B) may, notwithstanding any other pro- amounts are to be appropriated from the Air- ‘‘(e) MATCHING FUNDS.—No earlier than 2 vision of law or agreement to the contrary, port and Airway Trust Fund established years after the effective date of section 679 of require the individual who is the subject of under section 9502 of the Internal Revenue the Air Traffic Management System Per- the records to request to execute a release Code of 1986 shall provide funds for a period formance Improvement Act of 1996, the Sec- from liability for any claim arising from the of not less than 3 fiscal years unless the ac- retary may require an eligible agency, as de- furnishing of such records to or the use of tivity for which appropriations are author- fined in section 40117(a)(2) of this title, to such records by such air carrier (other than ized is to be concluded before the end of that provide matching funds of up to 10 percent a claim arising from furnishing information period. for any payments it receives under this sub- known to be false and maintained in viola- ‘‘(b) MULTIYEAR APPROPRIATIONS.—Begin- chapter.’’. tion of a criminal statute). (f) TRANSFER OF ESSENTIAL AIR SERVICE ning with fiscal year 1998, amounts appro- ‘‘(3) 5-YEAR REPORTING PERIOD.—A person priated from the Airport and Airway Trust PROGRAM TO FAA.—The responsibility for shall not furnish a record in response to a re- Fund shall be appropriated for periods of 3 administration of subchapter II of chapter quest made under paragraph (1) if the record fiscal years rather than annually.’’. 417 is transferred from the Secretary of was entered more than 5 years before the (c) CONFORMING AMENDMENT.—The analysis Transportation to the Administrator. date of the request, unless the information for subtitle VIII is amended by adding at the TITLE VII—PILOT RECORDS concerns a revocation or suspension of an end the following new item: SEC. 701. SHORT TITLE. airman certificate or motor vehicle license ‘‘482. Advance appropriations for This title may be cited as the ‘‘Pilot that is in effect on the date of the request. airport and airway trust facili- Records Improvement Act of 1996’’. ‘‘(4) REQUIREMENT TO MAINTAIN RECORDS.— ties ...... 48201.’’. SEC. 702. EMPLOYMENT INVESTIGATIONS OF The Administrator shall maintain pilot SEC. 678. RURAL AIR SERVICE SURVIVAL ACT. PILOT APPLICANTS. records described in paragraph (1)(A) for a (a) SHORT TITLE.—This section may be (a) IN GENERAL.—Section 44936 is amended period of at least 5 years. cited as the ‘‘Rural Air Service Survival by adding at the end the following new sub- ‘‘(5) RECRIPT OF CONSENT; PROVISION OF IN- Act’’. section: FORMATION.—A person shall not furnish a

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10706 CONGRESSIONAL RECORD — SENATE September 17, 1996

record in response to a request made under ‘‘(13) REGULATIONS.—The Administrator (2) standards and criteria for pilot training paragraph (1) without first obtaining a copy may prescribe such regulations as may be facilities to be licensed by the Administrator of the written consent of the individual who necessary— and which will assure that pilots trained at is the subject of the records requested. A per- ‘‘(A) to protect— such facilities meet the preemployment son who receives a request for records under ‘‘(i) the personal privacy of any individual screening standards and criteria described in this paragraph shall furnish a copy of all of whose records are requested under paragraph paragraph (1). such requested records maintained by the (1); and TITLE VIII-ABOLITION OF BOARD OF person not later than 30 days after receiving ‘‘(ii) the confidentiality of those records; REVIEW the request. ‘‘(B) to preclude the further dissemination SEC. 801. ABOLITION OF BOARD OF REVIEW AND ‘‘(6) RIGHT TO RECEIVE NOTICE AND COPY OF of records received under paragraph (1) by RELATED AUTHORITY. ANY RECORD FURNISHED.—A person who re- the person who requested those records; and (a) ABOLITION OF BOARD OF REVIEW.—Sec- ‘‘(C) to ensure prompt compliance with any ceives a request for records under paragraph tion 6007 of the Metropolitan Washington request made under paragraph (1). (1) shall provide to the individual who is the Airports Act of 1986 (formerly 49 U.S.C. App. ‘‘(g) LIMITATION ON LIABILITY; PREEMPTION subject of the records— 2456) is amended— ‘‘(A) written notice of the request and of OF STATE LAW.— (1) by striking subsections (f) and (h); ‘‘(1) LIMITATION ON LIABILITY.—No action or the right of that individual to receive a copy (2) by redesignating subsection (g) as sub- proceeding may be brought by or on behalf of of such records; and section (f); and ‘‘(B) a copy of such records, if requested by an individual who has applied for or is seek- (3) by redesignating subsection (i) as sub- the individual. ing a position with an air carrier as a pilot section (g). ‘‘(7) REASONABLE CHARGES FOR PROCESSING and who has signed a release from liability, (b) CONFORMING AMENDMENTS.— REQUESTS AND FURNISHING COPIES.—A person as provided for under paragraph (2), (1) RELATIONSHIP TO AND EFFECT OF OTHER who receives a request under paragraph (1) or against— LAWS.—Section 6009(b) of the Metropolitan (6) may establish a reasonable charge for the ‘‘(A) the air carrier requesting the records Washington Airports Act of 1986 (formerly 49 cost of processing the request and furnishing of that individual under subsection (a)(1); U.S.C. App. 2458(b)) is amended by striking copies of the requested records. ‘‘(B) a person who has complied with such ‘‘or by reason of the authority’’ and all that ‘‘(8) STANDARD FORMS.—The Administrator request; or follows through the end of the subsection shall promulgate— ‘‘(C) an agent or employee of a person de- and inserting a period. ‘‘(A) standard forms that may be used by scribed in subparagraph (A) or (B); (2) SEPARABILITY.—Section 6011 of the Met- an air carrier to request records under para- in the nature of an action for defamation, in- ropolitan Washington Airports Act of 1986 graph (1); and vasion of privacy, negligence, interference ‘‘(B) standard forms that may be used by (formerly 49 U.S.C. App. 2460) is amended by with contract, or otherwise, or under any an air carrier to— striking ‘‘Except as provided in section Federal or State law with respect to the fur- ‘‘(i) obtain the written consent of the indi- 6007(h), if’’ and inserting ‘‘If’’. nishing or use of such records in accordance vidual who is the subject of a request under (c) PROTECTION OF CERTAIN ACTIONS.—Any with subsection (a). paragraph (1); and action taken by the Airports Authority and ‘‘(ii) inform the individual of— ‘‘(2) PREEMPTION.—No State or political submitted to the Board of Review pursuant ‘‘(I) the request; and subdivision thereof may enact, prescribe, to section 6007(f)(4) of the Metropolitan ‘‘(II) the individual right of that individual issue, continue in effect, or enforce any law Washington Airports Act of 1986 before April to receive a copy of any records furnished in (including any regulation, standard, or other 1, 1995, shall remain in effect and shall not be response to the request. provision having the force and effect of law) set aside solely by reason of a judicial order ‘‘(9) RIGHT TO CORRECT INACCURACIES.—An that prohibits, penalizes, or imposes liability invalidating certain functions of the Board. air carrier that maintains or requests and re- for furnishing or using records in accordance SEC. 802. SENSE OF THE SENATE. ceives the records of an individual under with subsection (a). It is the sense of the Senate that the Air- paragraph (1) shall provide the individual ‘‘(3) PROVISION OF KNOWINGLY FALSE INFOR- ports Authority— with a reasonable opportunity to submit MATION.—Paragraph (1) and (2) shall not (1) should not provide any reserved parking written comments to correct any inaccura- apply with respect to a person who furnishes areas free of charge to Members of Congress, cies contained in the records before making information in response to a request made other Government officials, or diplomats at a final hiring decision with respect to the in- under subsection (f)(1), that— Washington National Airport or Washington dividual. ‘‘(A) the person knows is false; and Dulles International Airport; and ‘‘(10) RIGHT OF PILOT TO REVIEW CERTAIN ‘‘(B) was maintained in violation of a (2) should establish a parking policy for RECORDS.—Notwithstanding any other provi- criminal statute of the United States.’’. such airports that provides equal access to sion of law or agreement, an air carrier (b) CONFORMING AMENDMENT.—Section the public, and does not provide preferential shall, upon written request from a pilot em- 30305(b) is amended— parking privileges to Members of Congress, ployed by such carrier, make available, with- (1) by redesignating paragraph (7) as para- other Government officials, or diplomats. in a reasonable time of the request, to the graph (8); and SEC. 803. CONFORMING AMENDMENTS IN OTHER pilot for review, any and all employment (2) by inserting after paragraph (6) the fol- LAW. records referred to in paragraph (1)(B) (i) or lowing; Any reference in any Federal law, Execu- (ii) pertaining to the employment of the ‘‘(7) An individual who is seeking employ- tive order, rule, regulation, or delegation of pilot. ment by an air carrier as a pilot may request authority to the Board of Review or the pro- ‘‘(11) PRIVACY PROTECTIONS.—An air carrier the chief driver licensing official of a State visions of law repealed under this title is that receives the records of an individual to provide information about the individual hereby repealed. under paragraph (2) to the prospective em- under paragraph (1) may use such records SEC. 804. DEFINITIONS. ployer of the individual or to the Secretary only to assess the qualifications of the indi- For purposes of this title— of Transportation. Information may not be vidual in deciding whether or not to hire the (1) the terms ‘‘Airports Authority’’, obtained from the National Driver Register individual as a pilot. The air carrier shall ‘‘Washington National Airport’’, and ‘‘Wash- under this subsection if the information was take such actions as may be necessary to ington Dulles International Airport’’ have entered in the Register more than 5 years be- protect the privacy of the pilot and the con- the same meanings as in section 6004 of the fore the request unless the information is fidentiality of the records, including ensur- Metropolitan Washington Airports Act of about a revocation or suspension still in ef- ing that information contained in the 1986; and records is not divulged to any individual fect on the date of the request.’’. (2) the term ‘‘Board of Review’’ means the PPLICABILITY.—The amendments made that is not directly involved in the hiring de- (c) A Board of Review of the Airports Authority. cision. by this section shall apply to any air carrier hiring an individual as a pilot whose applica- SEC. 805. INCREASE IN NUMBER OF PRESI- ‘‘(12) PERIODIC REVIEW.—Not later than 18 DENTIALLY APPOINTED MEMBERS months after the date of enactment of the tion was first received by the carrier on or OF BOARD. Pilot Records Improvement Act of 1996, and after the 120th day after the date of enact- (a) IN GENERAL.—Section 6007(e) of the at least once every 3 years thereafter, the ment of this Act. Metropolitan Washington Airports Act of Administrator shall transmit to the Con- SEC. 703. STUDY OF MINIMUM STANDARDS FOR 1986 (formerly 49 U.S.C. 2456(e)) is amended— gress a statement that contains, taking into PILOT QUALIFICATIONS. (1) by striking ‘‘11 members,’’ in paragraph account recent developments in the aviation The Administrator shall appoint a task (1) and inserting ‘‘13 members,’’; industry— force consisting of appropriate representa- (2) by striking ‘‘one member’’ in paragraph ‘‘(A) recommendations by the Adminis- tives of the aviation industry to conduct a (1)(D) and inserting ‘‘3 members’’; and trator concerning proposed changes to Fed- study directed toward the development of— (3) by striking ‘‘Seven’’ in paragraph (5) eral Aviation Administration records, air (1) standards and criteria for preemploy- and inserting ‘‘Eight’’. carrier records, and other records required to ment screening tests measuring the psycho- (b) STAGGERING TERMS FOR PRESIDENTIAL be furnished under subparagraphs (A) and (B) motor coordination, general intellectual ca- APPOINTEES.—Of the members first appointed of paragraph (1); or pacity, instrument and mechanical com- by the President after the date of enactment ‘‘(B) reasons why the Administrator does prehension, and physical and mental fitness of this Act— not recommend any proposed changes to the of an applicant for employment as a pilot by (1) one shall be appointed for a term that records referred to in subparagraph (A). an air carrier; and expires simultaneously with the term of the

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10707 member of the Metropolitan Washington (5) sponsors who have been found to have ‘‘47133. Restriction on use of revenues.’’. Airports Authority board of directors serv- illegally diverted airport revenues— SEC. 905. REGULATIONS; AUDITS AND ACCOUNT- ing on that date (or, if there is a vacancy in (A) have not reimbursed or made restitu- ABILITY. that office, the member appointed to fill the tion to airports in a timely manner; and (a) IN GENERAL.—Section 47107 is amended existing vacancy and the member to whom (B) must be encouraged to do so. by adding at the end the following new sub- this paragraph applies shall be appointed for (b) PURPOSE.—The purpose of this title is sections: 2 years); to ensure that airport users are not burdened ‘‘(m) AUDIT CERTIFICATION.— (2) one shall be appointed for a term ending with hidden taxation for unrelated municipal ‘‘(1) IN GENERAL.—The Secretary of Trans- 2 years after the term of the member (or services and activities by— portation (hereafter in this section referred members) to whom paragraph (1) applies ex- (1) eliminating the ability of any State or to as the ‘Secretary’), acting through the pires; and political subdivision thereof that is a recipi- Administrator of the Federal Aviation Ad- (3) one shall be appointed for a term ending ent of a project grant to divert airport reve- ministration (hereafter in this section re- 4 years after the term of the member (or nues for purposes that are not related to an ferred to as the ‘Administrator’), shall pro- members) to whom paragraph (1) applies ex- airport, in violation of section 47107 of title mulgate regulations that require a recipient pires. 49, United States Code; of a project grant (or any other recipient of SEC. 806. RECONSTITUTED BOARD TO FUNCTION (2) imposing financial reporting require- Federal financial assistance that is provided WITHOUT INTERRUPTION. ments that are designed to identify instances for an airport) to include as part of an an- Notwithstanding any provision of State of illegal diversions referred to in paragraph nual audit conducted under sections 7501 law, including those provisions establishing, (1); through 7505 of title 31, a review and opinion providing for the establishment of, or recog- (3) establishing a statute of limitations for of the review concerning the funding activi- nizing the Metropolitan Washington Airports airport revenue diversion actions; ties with respect to an airport that is the Authority, and based upon the Federal inter- (4) clarifying limitations on revenue diver- subject of the project grant (or other Federal est in the continued functions of the Metro- sion that are permitted under chapter 471 of financial assistance) and the sponsors, own- politan Washington Airports (as defined in title 49, United States Code; and ers, or operators (or other recipients) in- section 6004(4) of the Metropolitan Wash- (5) establishing clear penalties and enforce- volved. ington Airports Authority Act of 1986 (for- ment mechanisms for identifying and pros- ‘‘(2) CONTENT OF REVIEW.—A review con- merly 49 U.S.C. 2451(4)), the board of direc- ecuting airport revenue diversion. ducted under paragraph (1) shall provide rea- tors of such Authority, including any mem- SEC. 903. DEFINITIONS. sonable assurances that funds paid or trans- bers appointed under the amendments made For purposes of this title, the following ferred to sponsors are paid or transferred in by section 805, shall continue to meet and definitions shall apply: a manner consistent with the applicable re- act after the date of enactment of this Act (1) ADMINISTRATOR.—The term ‘‘Adminis- quirements of this chapter and any other ap- until such time as necessary conforming trator’’ means the Administrator of the Fed- plicable provision of law (including regula- changes in State law are made in the same eral Aviation Administration. tions promulgated by the Secretary or the (2) AIRPORT.—The term ‘‘airport’’ has the manner as if those conforming changes had Administrator). meaning provided that term in section EQUIREMENTS FOR AUDIT REPORT been enacted on the date of enactment of ‘‘(3) R .— 47102(2) of title 49, United States Code. this Act. The report submitted to the Secretary under (3) PROJECT GRANT.—The term ‘‘project this subsection shall include a specific deter- SEC. 807. OPERATIONAL SLOTS AT NATIONAL grant’’ has the meaning provided that term mination and opinion regarding the appro- AIRPORT. in section 47102(14) of title 49, United States Nothing in this title shall affect the num- priateness of the disposition of airport funds Code. ber or distribution of operational slots at paid or transferred to a sponsor. (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘(n) RECOVERY OF ILLEGALLY DIVERTED National Airport. means the Secretary of Transportation. FUNDS.— SEC. 808. AIRPORTS AUTHORITY SUPPORT OF (5) SPONSOR.—The term ‘‘sponsor’’ has the ‘‘(1) IN GENERAL.—Not later than 180 days BOARD. meaning provided that term in section after the issuance of an audit or any other Section 6005 of the Metropolitan Wash- 47102(19) of title 49, United States Code. report that identifies an illegal diversion of ington Airports Authority Act of 1986 (for- SEC. 904. RESTRICTION ON USE OF AIRPORT REV- airport revenues (as determined under sub- merly 49 U.S.C. 2454) is amended by adding at ENUES. sections (b) and (l) and section 47133), the the end thereof the following: (a) IN GENERAL.—Subchapter I of chapter Secretary, acting through the Adminis- ‘‘(f) FEDERAL AGENCY OVERSIGHT.—The Air- 471, as amended by section 201(a) of this Act, trator, shall— ports Authority shall not be required— is further amended by adding at the end of ‘‘(A) review the audit or report; ‘‘(1) to pay any person; subchapter I the following new section: ‘‘(B) perform appropriate factfinding; and ‘‘(2) to provide office space or administra- ‘‘(C) conduct a hearing and render a final ‘‘§ 47133. Restriction on use of revenues tive support; or determination concerning whether the ille- ‘‘(3) to reimburse the Secretary of Trans- ‘‘(a) PROHIBITION.—Local taxes on aviation gal diversion of airport revenues asserted in portation for expenses incurred, fuel (except taxes in effect on December 30, the audit or report occurred. for carrying out any Federal agency over- 1987) or the revenues generated by an airport ‘‘(2) NOTIFICATION.—Upon making such a sight responsibilities under this Act. Noth- that is the subject of Federal assistance may finding, the Secretary, acting through the ing in this subsection precludes the Airport not be expended for any purpose other than Administrator, shall provide written notifi- Authority from providing services or ex- the capital or operating costs of— cation to the sponsor and the airport of— penses to any member of the Board of Direc- ‘‘(1) the airport; ‘‘(A) the finding; and tors.’’. ‘‘(2) the local airport system; or ‘‘(B) the obligations of the sponsor to reim- ‘‘(3) any other local facility that is owned burse the airport involved under this para- TITLE IX—AIRPORT REVENUE or operated by the person or entity that PROTECTION graph. owns or operates the airport that is directly ‘‘(3) ADMINISTRATIVE ACTION.—The Sec- SEC. 901. SHORT TITLE. and substantially related to the air transpor- retary may withhold any amount from funds This title may be cited as the ‘‘Airport tation of passengers or property. that would otherwise be made available to Revenue Protection Act of 1996’’. ‘‘(b) EXCEPTIONS.—Subsection (a) shall not the sponsor, including funds that would oth- SEC. 902. FINDINGS; PURPOSE. apply if a provision enacted not later than erwise be made available to a State, munici- (a) IN GENERAL.—The Congress finds that— September 2, 1982, in a law controlling fi- pality, or political subdivision thereof (in- (1) section 47107 of title 49, United States nancing by the airport owner or operator, or cluding any multimodal transportation Code, prohibits the diversion of certain rev- a covenant or assurance in a debt obligation agency or transit authority of which the enue generated by a public airport as a con- issued not later than September 2, 1982, by sponsor is a member entity) as part of an ap- dition of receiving a project grant; the owner or operator, provides that the rev- pointment or grant made available pursuant (2) a grant recipient that uses airport revenues, including local taxes on aviation fuel to this title, if the sponsor— enue for purposes that are not airport re- at public airports, from any of the facilities ‘‘(A) receives notification that the sponsor lated in a manner inconsistent with chapter of the owner or operator, including the air- is required to reimburse an airport; and 471 of title 49, United States Code, illegally port, be used to support not only the airport ‘‘(B) has had an opportunity to reimburse diverts airport revenues; but also the general debt obligations or the airport, but has failed to do so. (3) any diversion of airport revenues in vio- other facilities of the owner or operator. ‘‘(4) CIVIL ACTION.—If a sponsor fails to pay lation of the condition referred to in para- ‘‘(c) RULE OF CONSTRUCTION.—Nothing in an amount specified under paragraph (3) dur- graph (1) undermines the interest of the this section may be construed to prevent the ing the 180-day period beginning on the date United States in promoting a strong na- use of a State tax on aviation fuel to support of notification and the Secretary is unable to tional air transportation system that is re- a State aviation program or the use of air- withhold a sufficient amount under para- sponsive to the needs of airport users; port revenue on or off the airport for a noise graph (3), the Secretary, acting through the (4) the Secretary and the Administrator mitigation purpose.’’. Administrator, may initiate a civil action have not enforced airport revenue diversion (b) CONFORMING AMENDMENT.—The chapter under which the sponsor shall be liable for rules adequately and must have additional analysis for subchapter I of chapter 471 is civil penalty in an amount equal to the ille- regulatory tools to increase enforcement ef- amended by adding at the end the following gal diversion in question plus interest (as de- forts; and new item: termined under subsection (o)).

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10708 CONGRESSIONAL RECORD — SENATE September 17, 1996

‘‘(5) DISPOSITION OF PENALTIES.— dures established under section 47107(l) of ‘‘(F) for debt financing of a terminal devel- ‘‘(A) AMOUNTS WITHHELD.—The Secretary title 49, United States Code, to take into ac- opment project that, on an annual basis, has or the Administrator shall transfer any count the amendments made to that section a total number of enplanements that is less amounts withheld under paragraph (3) to the by this title. than or equal to 0.05 percent of the total Airport and Airway Trust Fund. (2) STATUTE OF LIMITATIONS.—Section enplanements in the United States if— ‘‘(B) CIVIL PENALTIES.—With respect to any 47107(l) is amended by adding at the end the ‘‘(i) construction for the project com- amount collected by a court in a civil action following new paragraph: menced during the period beginning on No- under paragraph (4), the court shall cause to ‘‘(5) STATUTE OF LIMITATIONS.—In addition vember 6, 1988, and ending on November 4, be transferred to the Airport and Airway to the statute of limitations specified in sub- 1990; and Trust Fund any amount collected as a civil section (n)(7), with respect to project grants ‘‘(ii) the eligible agency certifies that no penalty under paragraph (4). made under this chapter— other eligible airport project that affects air- ‘‘(6) REIMBURSEMENT.—The Secretary, act- ‘‘(A) any request by a sponsor to any airport safety, security, or capacity will be de- ing through the Administrator, shall, as soon port for additional payments for services ferred as a result of the debt financing.’’. as practicable after any amount is collected conducted off of the airport or for reimburse- from a sponsor under paragraph (4), cause to ment for capital contributions or operating AMENDMENT NO. 5363 be transferred from the Airport and Airway expenses shall be filed not later than 6 years On page 10, line 23, strike ‘‘(4)’’ and insert Trust Fund to an airport affected by a diver- after the date on which the expense is in- ‘‘(5)’’. sion that is the subject of a civil action curred; and On page 11, line 4, strike ‘‘and’;’’ under paragraph (4), reimbursement in an ‘‘(B) any amount of airport funds that are On page 11, between lines 4 and 5, insert amount equal to the amount that has been used to make a payment or reimbursement the following: collected from the sponsors under paragraph as described in subparagraph (A) after the ‘‘(4) any increase in the number of pas- (4) (including any amount of interest cal- date specified in that subparagraph shall be senger boardings in the preceding 12-month culated under subsection (o)). considered to be an illegal diversion of air- period at the airport at which the project ‘‘(7) STATUTE OF LIMITATION.—No person port revenues that is subject to subsection will be carried out, with priority consider- may bring an action for the recovery of (n).’’. ation to be given to projects at airports at which, during that period, the number of funds illegally diverted in violation of this SEC. 906. CONFORMING AMENDMENTS TO THE IN- section (as determined under subsections (b) TERNAL REVENUE CODE OF 1986. passenger boardings was 20 percent or greater than the number of such boardings during and (l)) or section 47133 after the date that is Section 9502 of the Internal Revenue Code the 12-month period preceding that period; 6 years after the date on which the diversion of 1986 is amended— and;’’. occurred. (1) by striking ‘‘and’’ at the end of sub- ‘‘(o) INTEREST.— section (b)(3); ‘‘(1) IN GENERAL.—Except as provided in (2) by striking the period at the end of sub- SIMON (AND JEFFORDS) paragraph (2), the Secretary, acting through section (b)(4) and inserting ‘‘, and’’; and AMENDMENT NO. 5364 the Administrator, shall charge a minimum (3) by adding at the end of subsection (b) Mr. SIMON (for himself and Mr. JEF- annual rate of interest on the amount of any the following: FORDS) proposed an amendment to the illegal diversion of revenues referred to in ‘‘(5) amounts determined by the Secretary subsection (n) in an amount equal to the av- of the Treasury to be equivalent to the bill, S. 1994, supra; as follows: erage investment interest rate for tax and amounts of civil penalties collected under At the appropriate place in the bill, insert loan accounts of the Department of the section 47107(n) of title 49, United States the following new section. Treasury (as determined by the Secretary of Code.’’; and SEC. . PROVISIONS RELATING TO LIMITED the Treasury) for the applicable calendar (4) in subsection (d), by adding at the end SCOPE AUDIT. year, rounded to the nearest whole percent- of subsection (d) the following: (a) IN GENERAL.—Subparagraph (C) of sec- age point. ‘‘(4) TRANSFERS FROM THE AIRPORT AND AIR- tion 103(a)(3) of the Employee Retirement In- ‘‘(2) ADJUSTMENT OF INTEREST RATES.—If, WAY TRUST FUND ON ACCOUNT OF CERTAIN AIR- come Security Act of 1974 (29 U.S.C. with respect to a calendar quarter, the aver- PORTS.—The Secretary of the Treasury may 1023(a)(3)(C)) is amended by adding at the end age investment interest rate for tax and loan transfer from the Airport and Airway Trust the following new clause: accounts of the Department of the Treasury Fund to the Secretary of Transportation or ‘‘(ii) If an accountant is offering his opin- exceeds the average investment interest rate the Administrator of the Federal Aviation ion under this section in the case of an em- for the immediately preceding calendar Administration an amount to make a pay- ployee pension benefit plan, the accountant quarter, rounded to the nearest whole per- ment to an airport affected by a diversion shall, to the extent consistent with generally centage point, the Secretary of the Treasury that is the subject of an administrative ac- accepted auditing standards, rely on the may adjust the interest rate charged under tion under paragraph (3) or a civil action work of any independent public accountant this subsection in a manner that reflects under paragraph (4) of section 47107(n) of of any bank or similar institution or insur- that change. title 49, United States Code.’’. ance carrier regulated and supervised and ‘‘(3) ACCRUAL.—Interest assessed under subject to periodic investigation by a State subsection (n) shall accrue from the date of or Federal agency that holds assets or proc- the actual illegal diversion of revenues re- CHAFEE (AND BAUCUS) esses transactions of the employee pension ferred to in subsection (n). AMENDMENT NO. 5361 benefit plan.’’ ‘‘(4) DETERMINATION OF APPLICABLE RATE.— Mr. CHAFEE (for himself and Mr. (b) CONFORMING AMENDMENTS.— The applicable rate of interest charged under (1) Section 103(a)(3)(A) of such Act (29 paragraph (1) shall— BAUCUS) proposed an amendment to the U.S.C. 1023(a)(3)(A)) is amended by striking ‘‘(A) be the rate in effect on the date on bill, S. 1994, supra; as follows: ‘‘subparagraph (C)’’ and inserting ‘‘subpara- which interest begins to accrue under para- On page 78, line 12, strike ‘‘and aircraft en- graph (C)(i)’’. graph (3); and gine emissions,’’. (2) Section 103(a)(3)(C) of such Act (29 ‘‘(B) remain at a rate fixed under subpara- On page 78, line 19 through 24, strike all of U.S.C. 1023(a)(3)(C)) is amended by striking graph (A) during the duration of the indebt- paragraph (C) and insert the following: ‘‘(C) The’’ and inserting ‘‘(C)(i) In the case of edness. (C) The Administrator, as the Adminis- an employee benefit plan other than an em- ‘‘(p) PAYMENT BY AIRPORT TO SPONSOR.—If, trator deems appropriate, shall provide for ployee pension benefit plan, the’’. in the course of an audit or other review con- the participation of a representative of the (c) EFFECTIVE DATE.—The amendments ducted under this section, the Secretary or Environmental Protection Agency on such made by this section shall apply with respect the Administrator determines that an air- advisory committees or associated working to opinions required under section port owes a sponsor funds as a result of ac- groups that advise the Administrator on 103(a)(3)(A) of the Employee Retirement In- tivities conducted by the sponsor or expendi- matters related to the environmental effects come Security Act of 1974 for plan years be- tures by the sponsor for the benefit of the of aircraft and aircraft engines. ginning on or after January 1 of the calendar airport, interest on that amount shall be de- year following the date of the enactment of termined in the same manner as provided in WARNER AMENDMENTS NOS. 5362– this Act. paragraphs (1) through (4) of subsection (o), f except that the amount of any interest as- 5363 sessed under this subsection shall be deter- Mr. WARNER proposed two amend- THE COMPREHENSIVE METH- mined from the date on which the Secretary ments to the bill, S. 1994, supra; as fol- AMPHETAMINE CONTROL ACT OF or the Administrator makes that determina- lows: 1996 tion.’’. (b) REVISION OF POLICIES AND PROCEDURES; AMENDMENT NO. 5362 DEADLINES.— On page 8, strike lines 14 through 17 and in- HATCH (AND OTHERS) (1) IN GENERAL.—Not later than 90 days sert the following: AMENDMENT NO. 5365 after the date of enactment of this Act, the paragraph (D); and Secretary, acting through the Adminis- (B) by striking subparagraph (F) and in- Mr. MCCAIN (for Mr. HATCH, for him- trator, shall revise the policies and proce- serting the following: self, Mr. BIDEN, Mrs. FEINSTEIN, Mr.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10709 GRASSLEY, and Mr. WYDEN) proposed an be used by the Attorney General as the basis Strike sections 301 and 302 and insert the amendment to the bill (S. 1965) to pre- for establishing the conditions under para- following: vent the illegal manufacturing and use graph (1)(A)(ii) of this subsection, with re- SEC. 301. PENALTY INCREASES FOR TRAF- of methamphetamine; as follows: spect to pseudoephedrine, and paragraph FICKING IN METHAMPHETAMINE. (2)(A)(ii) of this subsection, with respect to (a) DIRECTIVE TO THE UNITED STATES SEN- On page 9, line 2, strike ‘‘or facilitate to phenylpropanolamine. TENCING COMMISSION.—Pursuant to its au- manufacture’’ and insert ‘‘or to facilitate the (B) CONSIDERATIONS AND REPORT.—The At- thority under section 994 of title 28, United manufacture of’’. torney General shall— States Code, the United States Sentencing On page 10, line 8, strike ‘‘IMPORTATION RE- (i) in establishing a finding under para- Commission shall review and amend its QUIREMENTS’’ and insert ‘‘IMPORTATION AND graph (1)(A)(ii) or (2)(A)(ii) of this sub- guidelines and its policy statements to pro- EXPORTATION REQUIREMENTS’’. section, consult with the Secretary of Health vide for increased penalties for unlawful On page 11, line 9, strike the comma after and Human Services in order to consider the manufacturing, importing, exporting, and ‘‘item’’. effects on public health that would occur trafficking of methamphetamine, and other On page 11, line 12, strike beginning with from the establishment of new single trans- similar offenses, including unlawful posses- ‘‘For purposes’’ through line 21 and insert action limits as provided in such paragraph; sion with intent to commit any of those of- ‘‘For purposes of paragraph (11), there is a and fenses, and attempt and conspiracy to com- rebuttable presumption of reckless disregard (ii) upon establishing a finding, transmit a mit any of those offenses. The Commission at trial if the Attorney General notifies a report to the Committees on the Judiciary in shall submit to Congress explanations there- firm in writing that a laboratory supply sold both, respectively, the House of Representa- for and any additional policy recommenda- by the firm, or any other person or firm, has tives and the Senate in which the Attorney tions for combating methamphetamine of- been used by a customer of the notified firm, General will provide the factual basis for es- fenses. or distributed further by that customer, for tablishing the new single transaction limits. (b) IN GENERAL.—In carrying out this sec- the unlawful production of controlled sub- On page 29, between lines 14 and 15, insert tion, the Commission shall ensure that the stances or listed chemicals a firm distributes the following: sentencing guidelines and policy statements and 2 weeks or more after the notification (f) COMBINATION EPHEDRINE PRODUCTS.— for offenders convicted of offenses described the notified firm distributes a laboratory (1) IN GENERAL.—For the purposes of this in subsection (a) and any recommendations supply to the customer.’.’’. section, combination ephedrine products submitted under such subsection reflect the On page 14, line 24, strike ‘‘Iso safrole’’ and shall be treated the same as pseudoephedrine heinous nature of such offenses, the need for insert ‘‘Isosafrole’’. products, except that— aggressive law enforcement action to fight On page 15, between lines 5 and 6, add the (A) a single transaction limit of 24 grams such offenses, and the extreme dangers asso- following: shall be effective as of the date of enactment ciated with unlawful activity involving SEC. 210. WITHDRAWAL OF REGULATIONS. of this Act and shall apply to sales of all methamphetamine, including— The final rule concerning removal of ex- combination ephedrine products, notwith- (1) the rapidly growing incidence of meth- emption for certain pseudoephedrine prod- standing the form in which those products amphetamine abuse and the threat to public ucts marketed under the Federal Food, Drug, are packaged, made by retail distributors or safety such abuse poses; and Cosmetic Act published in the Federal distributors required to submit a report (2) the high risk of methamphetamine ad- Register of August 7, 1996 (61 FR 40981–40993) under section 310(b)(3) of the Controlled Sub- diction; is null and void and of no force or effect. stances Act (as added by section 402 of this (3) the increased risk of violence associated On page 21, line 23, strike beginning with ‘‘, Act); with methamphetamine trafficking and except that’’ through ‘‘transaction’’ on page (B) for regulated transactions for combina- abuse; and 22, line 6, and insert ‘‘, except that the tion ephedrine products other than sales de- (4) the recent increase in the illegal impor- threshold for any sale of products containing scribed in subparagraph (A), the transaction tation of methamphetamine and precursor pseudoephedrine or phenylpropanolamine limit shall be— chemicals. products by retail distributors or by dis- (i) 1 kilogram of ephedrine base, effective SEC. 302. ENHANCED PENALTIES FOR OFFENSES tributors required to submit reports by sec- on the date of enactment of this Act; or INVOLVING CERTAIN LISTED CHEMI- tion 310(b)(3) of this title shall be 24 grams of (ii) a threshold other than the threshold CALS. pseudoephedrine or 24 grams of phenyl- described in clause (i), if established by the (a) CONTROLLED SUBSTANCES ACT.—Section propanolamine in a single transaction’’. Attorney General not earlier than 1 year 401(d) of the Controlled Substances Act (21 On page 22, line 8, strike ‘‘abuse’’ and in- after the date of enactment of this Act; and U.S.C. 841(d)) is amended by striking ‘‘not sert ‘‘offense’’. (C) the penalties provided in subsection more than 10 years,’’ and inserting ‘‘not On page 23, strike lines 1 through 14 and in- (d)(1)(B) of this section shall take effect on more than 20 years in the case of a violation sert the following: the date of enactment of this Act for any in- of paragraph (1) or (2) involving a list I ‘‘(46)(A) The term ‘retail distributor’ dividual or business that violates the single chemical or not more than 10 years in the means a grocery store, general merchandise transaction limit of 24 grams for combina- case of a violation of this subsection other store, drug store, or other entity or person tion ephedrine products. than a violation of paragraph (1) or (2) in- whose activities as a distributor relating to (2) DEFINITION.—For the purposes of this volving a list I chemical,’’. pseudoephedrine or phenylpropanolamine section, the term ‘‘combination ephedrine (b) CONTROLLED SUBSTANCE IMPORT AND EX- products are limited almost exclusively to product’’ means a drug product containing PORT ACT.—Section 1010(d) of the Controlled sales for personal use, both in number of ephedrine or its salts, optical isomers, or Substance Import and Export Act (21 U.S.C. sales and volume of sales, either directly to salts of optical isomers and therapeutically 960(d)) is amended by striking ‘‘not more walk-in customers or in face-to-face trans- significant quantities of another active me- than 10 years,’’ and inserting ‘‘not more than actions by direct sales. dicinal ingredient. 20 years in the case of a violation of para- On page 24, line 12, strike ‘‘The’’ and insert On page 29, line 15, strike ‘‘(f)’’ and insert graph (1) or (3) involving a list I chemical or the following: ‘‘Pursuant to subsection (d)(1), ‘‘(g)’’. not more than 10 years in the case of a viola- the’’. On page 29, line 17, strike all beginning tion of this subsection other than a violation On page 25, line 17, strike ‘‘effective date of with ‘‘over-the-counter’’ through line 20 and of paragraph (1) or (3) involving a list I this section’’ and insert ‘‘date of enactment insert ‘‘pseudoephedrine or phenylpropanola- chemical,’’. of this Act’’. mine product prior to 12 months after the (c) SENTENCING GUIDELINES.— On page 26, line 1, after ‘‘being’’ insert date of enactment of this Act, except that, (1) IN GENERAL.—The United States Sen- ‘‘widely’’. on application of a manufacturer of a par- tencing Commission shall, in accordance On page 26, line 4, strike ‘‘in bulk’’ and in- ticular pseudoephedrine or phenylpropanola- with the procedures set forth in section 21(a) sert ‘‘for distribution or sale’’. mine drug product, the Attorney General of the Sentencing Act of 1987, as though the On page 27, line 15, strike ‘‘effective date of may, in her sole discretion, extend such ef- authority of that section had not expired, this section’’ and insert ‘‘date of enactment fective date up to an additional six amend the sentencing guidelines to increase of this Act’’. months.Notwithstanding any other provision by at least two levels the offense level for of- On page 28, between lines 19 and 20, insert of law, the decision of the Attorney General fenses involving list I chemicals under— the following and redesignate the following on such an application shall not be subject (A) section 401(d) (1) and (2) of the Con- paragraphs accordingly: to judicial review.’’ trolled Substances Act (21 U.S.C. 841(d) (1) (3) SIGNIFICANT NUMBER OF INSTANCES.— On page 35, line 5, after ‘‘funds’’ insert ‘‘or and (2)); and (A) IN GENERAL.—For purposes of this sub- appropriations’’. (B) section 1010(d) (1) and (3) of the Con- section, isolated or infrequent use, or use in trolled Substance Import and Export Act (21 insubstantial quantities, of ordinary over- KENNEDY (AND SIMON) U.S.C. 960(d) (1) and (3)). the-counter pseudoephedrine or phenyl- AMENDMENT NO. 5366 (2) REQUIREMENT.—In carrying out this propanolamine, as defined in section 102(45) subsection, the Commission shall ensure of the Controlled Substances Act, as added Mr. MCCAIN (for Mr. KENNEDY, for that the offense levels for offenses referred by section 401(b) of this Act, and sold at the himself and Mr. SIMON) proposed an to in paragraph (1) are calculated proportion- retail level for the illicit manufacture of amendment to the bill, S. 1965, supra; ally on the basis of the quantity of con- methamphetamine or amphetamine may not as follows: trolled substance that reasonably could have

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10710 CONGRESSIONAL RECORD — SENATE September 17, 1996 been manufactured in a clandestine setting NEPA decision making process in the The PRESIDING OFFICER. Without using the quantity of the list I chemical pos- federal land management agencies, in- objection, it is so ordered. sessed, distributed, imported, or exported. cluding the role of the Council on Envi- COMMITTEE ON VETERANS’ AFFAIRS On page 2, strike out the items relating to ronmental Quality. Mr. GORTON. The Committee on sections 301 and 302 and insert the following: The hearing will take place Thurs- Veterans’ Affairs would like to request Sec. 301. Penalty increases for trafficking in day, September 26, 1996 at 2:00 p.m. in unanimous consent to hold a joint methamphetamine. Sec. 302. Enhanced penalties for offenses in- Room SD–366 of the Dirksen Senate Of- hearing with the House Committee on volving certain listed chemi- fice Building in Washington, D.C. Veterans’ Affairs to receive the legisla- cals. Those wishing to testify or who wish tive presentations of the American Le- f to submit written statements should gion. write to the Committee on Energy and The hearing will be held on Sep- THE THRIFT SAVINGS Natural Resources, U.S. Senate, Wash- tember 17, 1996, at 9:30 a.m., in room 334 INVESTMENT FUNDS ACT OF 1996 ington, D.C. 20510. For further informa- of the Cannon House Office Building. tion, please call Kelly Johnson or Jo The PRESIDING OFFICER. Without Meuse at (202) 224–6730. objection, it is so ordered. KERREY (AND PRYOR) f AMENDMENT NO. 5367 f ADDITIONAL STATEMENTS Mr. MCCAIN (for Mr. KERREY, for him- AUTHORITY FOR COMMITTEES TO self and Mr. PRYOR) proposed an MEET amendment to the bill (S. 1080) to COMMITTEE ON COMMERCE, SCIENCE, AND TRIBUTE TO LOWELL MOHLER amend chapter 84 of title 5, United TRANSPORTATION ∑ Mr. BOND. Mr. President, I rise States Code, to provide additional in- Mr. GORTON. Mr. President, I ask today to pay tribute to Lowell Mohler vestment funds for the Thrift Savings unanimous consent that the Com- of Missouri, who is retiring after many Plan; as follows: mittee on Commerce, Science, and decades of service to the Missouri On page 15, line 2 of the bill, change the ‘‘;’’ Transportation be allowed to meet Farm Bureau. to an ‘‘,’’ and add the following: ‘‘and by add- twice during the Tuesday, September Lord Chesterfield, an English states- ing at the end of the paragraph the following 17, 1996 session of the Senate for the man in the 18th century advised citi- sentence: ‘Before a loan is issued, the Execu- purpose of conducting a hearing on air- zens to ‘‘Be wiser than other people if tive Director shall provide in writing the em- port security and a hearing on com- you can, but do not tell them so.’’ This ployee or Member with appropriate informa- putational biology. tion concerning the cost of the loan relative advice has been practiced regularly by to other sources of financing, as well as the The PRESIDING OFFICER. Without 20th century Missourian Lowell lifetime cost of the loan, including the dif- objection, it is so ordered. Mohler, from the halls of the Univer- ference in interest rates between the funds COMMITTEE ON ENERGY AND NATURAL sity of Missouri to the State and Na- offered by the Thrift Savings Fund, and any RESOURCES tion’s Capitol, where he has advised other effect of such loan on the employee’s Mr. GORTON. Mr. President, I ask farmers, professors, Governors, and or Members’s final account balance’.’’ unanimous consent that the Com- Senators. Though Lowell’s tenure at f mittee on Energy and Natural Re- Farm Bureau was slightly more brief NOTICE OF HEARING sources be granted permission to meet than the 20th century, his service on during the session of the Senate on behalf of rural Americans has been im- COMMITTEE ON ENERGY AND NATURAL RE- Tuesday, September 17, 1996, for pur- mense. His approach is always warm, SOURCES, SUBCOMMITTEE ON PARKS, HISTORIC poses of conducting a Full Committee his counsel wise, his strategy practical, PRESERVATION, AND RECREATION hearing which is scheduled to begin at and his word true. Mr. CAMPBELL. Mr. President, I 9:30 a.m. The purpose of this oversight Lowell Mohler is truly representative would like to announce for the public hearing is to receive testimony on the of the Missouri Farm Bureau, an orga- that the hearing scheduled before the issue of U.S. Climate Change Policy. nization of members who are charac- Subcommittee on Parks, Historic Pres- The PRESIDING OFFICER. Without terized by common sense, work hard, ervation, and Recreation of the Com- objection, it is so ordered. value initiative and character, and who mittee on Energy and Natural Re- love agriculture, family, God, and sources to review S. 1539, a bill to es- COMMITTEE ON GOVERNMENTAL AFFAIRS Mr. GORTON. Mr. President, I ask country—not necessarily in that order. tablish the Los Caminos del Rio Na- He, like they, live by a more stringent tional Heritage Area along the Lower unanimous consent on behalf of the Governmental Affairs Committee to self-imposed code of right and wrong Rio Grande Texas-Mexico border; S. which is an example for all to observe. 1583, a bill to establish the Lower East- meet on Tuesday, September 17, 1996, at 9:15 a.m., for a hearing on S. 1794, Lowell also has the typical non- ern Shore American Heritage Area; S. modern and unrealistic view of retire- 1785, a bill to establish in the Depart- Congressional, Presidential, and Judi- ciary Pension Forfeiture Act. ment. He said he is going to retire to ment of the Interior the Essex National spend more time extolling the virtues Heritage Commission; and S. 1808, a The PRESIDING OFFICER. Without objection, it is so ordered. of the University of Missouri and to bill to amend the Act of October 15, farm. He reminds me of the Missouri COMMITTEE ON INDIAN AFFAIRS 1966 (80 Stat. 915), as amended, estab- farmer who came out of retirement to lishing a program for the preservation Mr. GORTON. Mr. President, I ask farm and was asked if he was going to of additional historic property unanimous consent that the Com- work full time. ‘‘No, just 6 days a throughout the Nation on Thursday, mittee on Indian Affairs be authorized week,’’ the elderly farmer replied. September 19, 1996 at 9:30 a.m. in room to meet during the session of the Sen- I hope that Lowell will now have SD–366 of the Dirksen Senate Office ate on Tuesday, September 17, 1996 at some well-deserved time to spend with Building in Washington, DC has been 9:30 a.m. in room 485 of the Russell his terrific family, of which I know he canceled. Senate Office Building to conduct a is very proud. He and his wife, JoAnn, For further information, please con- hearing on economic development on can grow asparagus and hornets and tact Jim O’Toole of the subcommittee Indian reservations. maybe catch some fish at their farm. staff at (202) 224–5161. The PRESIDING OFFICER. Without They can invite large crowds of friends SUBCOMMITTEE ON OVERSIGHT AND objection, it is so ordered. to backyard barbecues and leave the INVESTIGATIONS COMMITTEE ON LABOR AND HUMAN RESOURCES cleanup duties to the coyotes which Mr. THOMAS. Mr. President, I would Mr. GORTON. Mr. President, I ask come up from the river near his house like to announce for the information of unanimous consent that the Com- and clean perfectly the remains. the Senate and the public that an over- mittee on Labor and Human Resources Only Lowell could make the avail- sight hearing has been scheduled before be authorized to meet for a hearing on ability of coyotes useful. It must relate the Subcommittee on Oversight and In- The National Labor Relations Board, to his affinity with members of the vestigations, Energy and Natural Re- during the session of the Senate on media and politicians that he can ap- sources Committee, to examine the Tuesday, September 17, 1996, at 10:00. preciate coyotes. If he is so inclined, he

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10711 can come to Mexico, Missouri and help W. Giuliani to send some public school stu- Although the partnership program is simi- me keep the deer away from my tree dents to Roman Catholic schools. lar to the one advocated by the Mayor, it dif- orchards. Maybe we can plant some A Bronx student who would get into fights fers in two ways. and end up suspended, Sean was accepted by walnut trees. First, its eligibility requirements are a Catholic school in his first year of high Lowell Mohler’s career climbed broader: It considers poverty, poor grades school. Almost all expenses were paid by pri- and disciplinary problems as qualifications heights he surely never expected, but vate donors. for entry, not simply whether a student has has never lost sight of where he came ‘‘My life,’’ Sean said yesterday, ‘‘is much been identified as one of the school system’s from, or the conventions and needs of nicer now.’’ worst. Second, it provides mentors to guide the ordinary women and men who live Sean, now a 16-year-old junior at All Hal- students in addition to paying their tuitions. lows High School with an 85 average, is a the life that makes this country great. The partnership has 1,030 students and but beneficiary of a 10-year-old private program, His work made rural America better; is short 150 mentors. Student-Sponsor Partnership, which was cre- he left his mark and he did it his way, ated by Peter M. Flanigan, an investment Sponsors pay at least $850 in tuition a year the Farm Bureau way. He is and will be banker. for four years. The rest of a student’s tui- remembered as a great American ex- The partnership, which has helped 825 stu- tion, which could be as high as $3,800 is paid ample. dents enrolled in 18 Catholic schools to grad- by parents, who contribute $30 a month, and money raised from foundations and private JoAnn, thank you on behalf of every- uate since 1986, bears striking similarities to businesses. one for sharing Lowell with us. We re- a proposal recently made by the Roman Catholic Archdiocese of New York and, since The idea for the partnership came about turn him to you with immense grati- Sunday, backed by the Mayor. when Mr. Flanigan realized that it took tude, and wish you both well as you Under the Archdiocese’s plan, Catholic more than the promise of a bright future to enter this new chapter of your lives.∑ schools would educate 1,000 of the city school make students finish their education, Ms. f system’s worst students, providing both sec- Eapen said. More than a decade ago, he ular and religious instruction. Their tuition promised a class of sixth graders that if they STUDENT-SPONSOR PARTNERSHIP would be paid by private businesses. finished high school, he would pay for their ∑ Mr. MOYNIHAN. Mr. President, After some board members cited Constitu- college education. Despite the incentive, tional concerns about having school employ- many students dropped out of school. Adlai E. Stevenson remarked of Elea- ees acting as admissions counselors for The schools, he concluded, were failing the nor Roosevelt that ‘‘She would rather Roman Catholic schools, Schools Chancellor students. About the same time, Mr. Flanigan light candles than curse the darkness.’’ Rudy Crew said yesterday that the Board of learned that Roman Catholic schools were The same can be said of my dear friend, Education would not compile lists of eligible more successful in keeping students in the Peter M. Flanigan. I rise to call to the students for the program advocated by Mr. classroom, so he shifted his focus and de- Senate’s attention the Student-Spon- Giuliani. cided to encourage public school students to sor Partnership, a program for troubled But the Chancellor’s spokeswoman said attend those private schools. To further in- that guidance counselors would continue to students that Mr. Flanigan started in crease the students’ chances of success, he advise students to seek scholarships to pri- paired students with mentors. 1986. Private donors help pay the tui- vate schools, and would release school The partnership tries to match sponsors tion for New York City high school stu- records for students applying for scholar- with students based on shared interests or dents whose backgrounds include pov- ships. The public schools have been giving experiences, sometimes a difficult goal be- that help to Student-Sponsor Partnership for erty, poor grades, and discipline prob- cause most of the students are black or 10 years. lems so that they may attend Catholic Latino while 88 percent of the sponsors are ‘‘We hope that what we are doing could schools. non-Hispanic whites. In 1984 Mr. Flanigan promised a class serve as a blueprint for what the Mayor is proposing,’’ said Mayree Clark, the chair- But most of the time, despite cultural and of sixth-graders that if they finished woman of the partnership’s board, who is the economic differences, a bond is forged. It high school he would pay for their col- director of global research at Morgan Stan- happened to Sean and his sponsor, James lege education. It soon became clear ley. Jurney, a 26-year-old who went to boarding that even this was insufficient incen- Ms. Clark said 75 percent of the program’s school, lives at Central Park West and works tive for many of the participants to students graduate in four years and 90 per- at Morgan Stanley. Their bond is theater. Sean wants to be an actor; Mr. Jurney is in- complete high school, and Mr. Flanigan cent go on to college. Omar Antigua, a 20- year-old junior at Carnegie Mellon Univer- terested in television and films. realized that a different approach was ‘‘We go to the theater.’’ Mr. Jurney said, needed. He learned that Catholic sity in Pittsburgh, is one of them. ‘‘They opened up so many doors for me, I ‘‘we talk. He tells me about his girlfriends. schools had higher graduation rates, couldn’t even begin to count them,’’ said Mr. I’m his big brother. He’s a good kid.’’∑ and so concluded that he would help Antigua, the third child of an unemployed students attend such schools by sub- immigrant who reared three boys by herself f sidizing their tuition. Mr. Flanigan in a tough Bronx neighborhood. ‘‘Where I also realized the importance of pro- come from, I’m a rarity.’’ viding each student with a mentor to Mary Grace Eapen, the partnership’s exec- CONGRATULATIONS TO KELLY provide encouragement and counsel. utive director, said the program works to SERVICES make students feel special. ‘‘They want dis- This program works; 75 percent of ∑ cipline, they want order,’’ she said. ‘‘They Mr. ABRAHAM. Mr. President, I rise the participants graduate in 4 years, want to have someone in their lives who ex- to congratulate Kelly Services on the and 90 percent eventually go on to col- pects great things from them, and we do.’’ occasion of its 50th anniversary. lege. These are remarkable statistics Applicants learn of the program through Founded on October 7, 1946, in Detroit, for a group made up of troubled stu- their eighth-grade guidance counselors or MI, by William Russell Kelly, Kelly dents. I congratulate Peter Flanigan community leaders, Ms. Eapen said. Once a Services blazed a trail in the office for all his concern and efforts, and I student decides to apply, school counselors staffing industry. Built on a strong ask unanimous consent that an article or teachers supply test scores, a list of the reputation of caring for its customers student’s weaknesses and strengths and an in the September 12 New York Times analysis of why the student would probably and employees, Kelly has grown into a on the Student-Sponsor Partnership not succeed were he or she to continue in the Fortune 500 company. Today, Kelly Program be printed in the RECORD. public school system. provides the services of more than The article follows: ‘‘Counselors are very vigilant at spotting 675,000 employees annually to 200,000 [From the New York Times, Sept. 12, 1996] the kids that could benefit the most from customers. With more than 1,300 offices our help,’’ Ms. Eapen said. ‘‘They want PRIVATE PROGRAM FOR TROUBLED STUDENTS around the world Kelly is a major play- what’s best for their kids and they know we ECHOES CATHOLIC SCHOOL PLAN er in the office staffing industry. provide it.’’ (By Mirta Ojito) Of the thousands of students who apply Recognizing the changing needs of Two years ago, Sean Kendell Winn was the every year, several hundred are accepted. our economy, Kelly has branched out kind of student who is at the heart of the This year, 345 new students entered the pro- into legal services, full as well as par- plan advocated this week by Mayor Rudolph gram. tial office staffing, assisted living, and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10712 CONGRESSIONAL RECORD — SENATE September 17, 1996 the research and development of soft- this legislation is needed: Ernest Dillon As you know, bomb-making information is ware for testing and training products. was a postal employee in Detroit, MI. available widely and publicly today through Kelly’s innovative training and testing He worked hard and everyone agreed he a large number of channels, including book- programs have kept it at the head of was good at his job. But that wasn’t stores and libraries, and governmental attempts to restrict the availability of other- its industry. The experience of this enough. When Ernest’s coworkers wise lawful information raise serious First Michigan company shows that hard found out he was homosexual, they re- Amendment concerns. Nevertheless, Prodigy work and dedication to quality service peatedly taunted him until one day, tries to strike a responsible balance, pro- and integrity pave the road to success. while he was on the job, they beat him viding a safe environment for users to openly Mr. President, I am proud that Kelly unconscious. Their harassment contin- exchange valuable information, while ena- Services, based in Troy, MI, is part of ued unabated until he was forced out of bling them to insure they won’t come in con- the vibrant and growing business com- his job, fearing for his life. Although he tact with inappropriate material. Unlike other media, the online environ- munity in my State of Michigan. The went to the courts for relief, there was ment does offer an effective way for con- quality and innovation shown by this nothing there to protect him. sumers to exercise control. Earlier this year, aggressive enterprise under the leader- It is time for our country to decide Prodigy began offering our members the ship of President and Chief Executive that we will not tolerate that kind of CyberPatrol access control software pro- Officer Terence E. Adderley have been discrimination. This legislation does gram, which they can install on their fam- an inspiration to all business people in that. Nine States have already enacted ily’s personal computer at no extra charge my State. Through its contributions to legislation similar to this bill. (Prodigy picks up the cost of the program). area businesses it has improved life in I have heard from many of my own This easy-to-use program automatically fil- ters and blocks access to bomb-making in- the 37 Michigan communities in which constituents and from mayors, Gov- formation and other inappropriate content it has branches, as well as the commu- ernors, religious leaders, corporate on the Internet. nities all over the world in which it CEO’s, and others that, regardless of Please feel free to contact me if you have conducts business. their views about homosexuality, they any further questions. Kelly Services has been celebrating support this bill because they oppose Sincerely, its anniversary throughout this year. discrimination in all its forms. I agree, MARC JACOBSON, ∑ The company will host a major event and that is why I voted for this bill.∑ Vice President and General Counsel. f at its headquarters in Troy on October f 7. I would like to extend my best wish- REPEAL OF SECTION 434 OF THE es to Kelly Services for a festive cele- THANKS TO PRODIGY SERVICE PERSONAL RESPONSIBILITY AND bration and for another 50 years of su- CORP. WORK OPPORTUNITY RECONCILI- perior success through superior serv- ∑ Mr. GREGG. Mr. President, I rise ATION ACT OF 1996 ∑ ice. today to express my thanks to Prodigy ∑ Mr. MOYNIHAN. Mr. President, yes- f Service Corp. for responding promptly terday I introduced legislation to re- EMPLOYMENT NON- to the letter sent out by 19 Senators peal section 434 of the recently enacted DISCRIMINATION ACT and myself on August 1, 1996. In the let- Personal Responsibility and Work Op- ter, my colleagues and I urged Prodigy portunity Reconciliation Act of 1996. ∑ Mr. DORGAN. Mr. President, I would and several other Internet service pro- like to take this opportunity to explain Section 434 provides that: viders and search engines to adopt Notwithstanding any other provision of why I supported the Employment Non- company policies to block access to discrimination Act. Federal, State, or local law, no State or local bomb-making information through government entity may be prohibited, or in In an earlier vote, I supported the their services. any way restricted, from sending to or re- Defense of Marriage Act because I do Prodigy is the first of these compa- ceiving from the Immigration and Natu- not believe that we should change the nies to respond and I am pleased to an- ralization Service INS information regarding definition of marriage that has made nounce that letter provides some hope the immigration status, lawful or unlawful, the family—a husband, wife, and chil- in our efforts to curb the availability of an alien in the United States. dren—the cornerstone of our society. of bomb construction information on This provision is ill-advised and But the Employment Nondiscrimina- the Internet. This outstanding com- threatens the public health and safety tion Act is about a different issue. It is pany has already begun to offer its cus- of residents of New York City because about whether discrimination in the tomers free installment of the it conflicts with an executive order, workplace against homosexuals is per- CyberPatrol access control software issued by the major of New York in missible. I supported this bill because I program, which blocks access to bomb- 1985, prohibiting city employees from do not believe we should tolerate dis- making information. This generous reporting suspected illegal aliens to crimination of any type in the work- contribution to our Nation’s safety and the Immigration and Naturalization place. well-being is commendable. Service unless the alien has been The people of this Nation already While Prodigy’s efforts help solve the charged with a crime. The executive have decided that it is unacceptable to problem of the wide availability of dan- order, which is similar to local laws in discriminate against someone in the gerous bomb construction information, other States and cities, was intended workplace just because of that person’s the CyberPatrol program also dem- to ensure that fear of deportation does race, gender, or religious beliefs. I just onstrates that blocking bomb-making not deter illegal aliens from seeking don’t believe that one’s sexual orienta- instructions on the Internet is possible. emergency medical attention, report- tion is relevant to whether or not they At this time, I ask that the Senate ing crimes, and so forth. can do a job, and it ought not be a per- join me in urging other Internet serv- On September 8, 1995, during Senate missible basis for discrimination. ice providers to adopt similar policies. consideration of H.R. 4, the Work Op- This bill includes substantial protec- I ask that Prodigy’s response be print- portunity Act of 1995, Senators tions and safeguards for employers. It ed in the RECORD. SANTORUM and NICKLES offered this includes exemptions for the Armed The letter follows: provision as an amendment. The Forces, small businesses, religious in- PRODIGY, amendment was adopted by a vote of 91 stitutions, and private membership New York, NY, August 27, 1996. to 6. The Senators who voted ‘‘no’’ clubs. Most important, the bill states Hon. JUDD GREGG, were: Senators AKAKA, CAMPBELL, clearly that it does not protect inap- U.S. Senate, Washington, DC. INOUYE, MOSELEY-BRAUN, MOYNIHAN, propriate or public sexual conduct by DEAR SENATOR GREGG: Thank you for your and SIMON. any employee, whether or not that em- letter of August 1, regarding bomb-making Four of these six—Senators AKAKA, ployee is homosexual. information on the Internet. We, too, are MOSELEY-BRAUN, SIMON, and the Sen- Some people have said that this leg- outraged by the cowardly, senseless acts of ator from New York—were also among terrorism that have victimized so many in- islation isn’t necessary, that there is nocent individuals and families. We are re- the 11 Democrats who voted against no discrimination against homosexuals pulsed by the twisted minds of people who H.R. 4 when it passed the Senate on in the workplace. I would like to give disseminate bomb-making information for September 19, 1995. H.R. 4, of course, you just one example of why I think reasons known only to them. was later vetoed by President Clinton.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10713 Last week, Mayor Rudolph W. Chamber of Commerce, the Made in am sure both of these firsts will bring Giuliani of New York announced that New Hampshire Expo, the Merrimack new insights and perspectives to the he and his staff had recently become Youth Association, and the Merrimack post. aware of section 434 of the new welfare Rotary and Lions Clubs. Among nu- Mr. Frank served in Vietnam in 1968. law, and planned to challenge it in merous other awards, Raymond He was wounded severely and continues court. Boissoneau has received the New to cope each day with the paralysis An alien who witnesses a crime Hampshire High Technology Council’s which resulted, but these wounds have should feel free to report it to the po- Entrepreneur of the Year Award. It is not dampened his patriotism or his lice without fear of being deported. through his leadership and inspiration commitment to serving his fellow Just as an alien ought to be able to get that has caused Electropac to rise to be Americans. Immediately after recov- emergency medical attention without the success that it is today. Raymond ering from the wounds he sustained in fear of deportation. Mr. President, sec- Boissoneau places the responsibility of Vietnam, Mr. Frank founded the Crest- tion 434 of the Personal Responsibility the company with the employees, wood Memorial American Legion Post and Work Opportunity Reconciliation which adds great measure to the com- 777, now the Joseph L. Frank Memorial Act of 1996 poses a serious threat to pany’s prosperity. Post 777, renamed in memory of his fa- health and safety in New York City Electropac’s success over the years ther. Since founding the post, Mr. and elsewhere. It should be repealed.∑ can be attributed to a number of fac- Frank has gone on to serve as post f tors. One factor is the emphasis placed commander, district commander, and on the level of service and quality, state commander. He has also held sev- TRIBUTE TO ELECTROPAC’S 20TH rather than on quantity and growth. eral previous leadership positions on ANNIVERSARY By maintaining several medium sized the national level, including national ∑ Mr. SMITH. Mr. President, I rise operations, Electropac diversifies vice commander, chairman of the na- today to pay tribute to Electropac, a itself, providing its customers with ef- tional economic commission, and New Hampshire company, in honor of ficient and cost-effective service speci- chairman of the foreign relations com- their 20th anniversary. On September alities. Flexibility is the key to their mission. 19th and 20th, a number of employees, success in such a competitive market But Joe Frank’s service radiates well individuals, and organizations will because they are able to adapt their beyond the American Legion. He has gather together at Electropac’s cor- products quickly to the technological dedicated himself to helping individ- porate headquarters in Manchester, growth of today’s industry. Also, uals with disabilities through his posi- NH, to celebrate their 20th year of Electropac is the first manufacturer in tions on the Executive Board of the business. I would like to congratulate the United States and only the second President’s Committee on Employment everyone who helped this technology in the world to provide a beta site. A of People With Disabilities, and the company grow to become the success it beta site essentially is a test site for Missouri Governor’s Council on Dis- is today. The dedication and hard outside companies. Electropac opens ability. Mr. Frank has also been recog- work, as evidenced by the growth that their manufacturing operations and al- nized by the White House for his serv- Electropac has experienced over the lows various companies to test new ice to the Selective Service System. years, is truly unparalleled. technical products, that are not on the I am confident, Mr. President, that Electropac is an independently market yet, using all of Electropac’s Joe Frank, from my own great State of owned, small to mid-sized company facilities and machinery. Missouri, will serve his fellow veterans that specializes in manufacturing high- Mr. President, I commend Electropac with dignity, vigor, and direction. He tech printed circuit boards for the com- and its employees for their support of already has set forth part of his agen- puter, telecommunication, medical in- New Hampshire, and for their contribu- da, by identifying three priorities: in- strumentation, and military indus- tions as a whole to the industry of creasing membership, protecting the tries. The circuit boards they produce America. Electropac is an excellent ex- U.S. flag from desecration, and improv- are state of the art, double sided, mul- ample of a truly successful and dy- ing and expanding health care to our tilayered boards. namic New Hampshire company. Con- veterans. Because of my own involve- The Manchester office of Electropac gratulations to Raymond Boissoneau ment in the area of veterans health has served as Electropac’s corporate and his dedicated employees who have care through my chairmanship of the headquarters and center of manufac- made Electropac so competitive in to- Senate appropriations subcommittee turing operations since 1980. In addi- day’s technology industry. May you ex- with jurisdiction over veterans pro- tion to being located in Manchester, perience continued growth and suc- grams, I am especially delighted to rec- Electropac has expanded with a proto- cess.∑ ognize Mr. Frank’s leadership in this type facility in Londonderry, and with f area. circuit board companies in Montreal, It is my honor to join with Mr. Canada, and St. Catharines, Ontario. CONGRATULATIONS TO JOSEPH J. FRANK Frank’s wife, Barbara, his family, At these locations, Electropac employs many friends, and especially his fellow ∑ over 400 people and brings in over $33 Mr. BOND. Mr. President, today I American Legion members in saluting million in business. This is an enor- congratulate my fellow Missourian, Jo- Joseph J. Frank for providing inspira- mous increase considering the com- seph J. Frank, on his election as nation and a source of pride for veterans, pany’s founder and president, Raymond tional commander of the American Le- Missourians, and for all Americans.∑ Boissoneau, established Electropac gion, at the 78th national convention, with only one employee and $1,000 in on September 5, 1996. f cash. I am very proud that the Legion, the ELECTRONIC FREEDOM OF INFOR- Electropac has been included on a Nation’s largest veterans’ organiza- MATION IMPROVEMENT ACT OF regular basis as one of the top 50 and tion, comprised of over 3 million mem- 1996 the top 75 privately owned companies bers, will be represented by an indi- Mr. McCAIN. Mr. President, I ask in the State of New Hampshire. Just vidual with the kind of dedication, in- unanimous consent that the Senate this past year, Electropac designed a tegrity, and commitment that has been now proceed to the consideration of program with the Manchester School of Mr. Frank’s hallmark. Calendar No. 406, S. 1090. Technology that brings students into My State is proud of our military The PRESIDING OFFICER. Without the company and allows Electropac to heritage, and we revere native military objection, it is so ordered. become their classroom, thus providing leaders such as John J. Pershing, the The clerk will report. students with hands-on experience and first six star general since George The legislative clerk read as follows: training in high-tech manufacturing. Washington. Joe Frank, born and A bill (S. 1090) to amend section 552 of title Electropac supports a number of orga- raised in St. Louis County, MO, has 5, U.S. Code (commonly known as the Free- nizations throughout the State of New achieved another first: he’s the first dom of Information Act), to provide for pub- Hampshire including the N.H. Job Missourian and first Vietnam veteran lic access to information in an electronic Training Council, the Manchester to command the American Legion. I format, and for other purposes.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10714 CONGRESSIONAL RECORD — SENATE September 17, 1996 The PRESIDING OFFICER. Is there (2) in subparagraph (B) by striking out ‘‘and’’ (d) AGENCY BACKLOGS.—Section 552(a)(6)(C) objection to the immediate consider- after the semicolon; of title 5, United States Code, is amended by in- ation of the bill? (3) by adding after subparagraph (C) the fol- serting after the second sentence the following: There being no objection, the Senate lowing new subparagraphs: ‘‘As used in this subparagraph, for requests sub- ‘‘(D) an index of all major information sys- mitted pursuant to paragraph (3) after the date proceeded to consider the bill, which tems containing agency records regardless of of the enactment of the Electronic Freedom of had been reported from the Committee form or format unless such an index is provided Information Improvement Act of 1996, the term on the Judiciary, with an amendment as otherwise required by law; ‘exceptional circumstances’ means cir- to strike all after the enacting clause ‘‘(E) a description of any new major informa- cumstances that are unforeseen and shall not and inserting in lieu thereof the fol- tion system with a statement of how such system include delays that result from a predictable lowing: shall enhance agency operations under this sec- workload, including any ongoing agency back- SECTION 1. SHORT TITLE. tion; log, in the ordinary course of processing re- This Act may be cited as the ‘‘Electronic Free- ‘‘(F) an index of all records which are made quests for records.’’. dom of Information Improvement Act of 1996’’. available to any person under paragraph (3) of (e) NOTIFICATION OF DENIAL.—The last sen- this subsection; and SEC. 2. FINDINGS AND PURPOSES. tence of section 552(a)(6)(C) of title 5, United ‘‘(G) copies of all records, regardless of form States Code, is amended to read: ‘‘Any notifica- (a) FINDINGS.—The Congress finds that— (1) the purpose of the Freedom of Information or format, which because of the nature of their tion of any full or partial denial of any request Act is to require agencies of the Federal Govern- subject matter, have become or are likely to be- for records under this subsection shall set forth ment to make certain agency information avail- come the subject of subsequent requests for sub- the names and titles or positions of each person able for public inspection and copying and to stantially the same records under paragraph (3) responsible for the denial of such request and establish and enable enforcement of the right of of this subsection;’’; the total number of denied records and pages (4) in the second sentence by striking out ‘‘or any person to obtain access to the records of considered by the agency to have been respon- staff manual or instruction’’ and inserting in such agencies (subject to statutory exemptions) sive to the request.’’. lieu thereof ‘‘staff manual, instruction, or index for any public or private purpose; (f) MULTITRACK FIFO PROCESSING AND EXPE- (2) since the enactment of the Freedom of In- or copies of records, which are made available DITED ACCESS.—Section 552(a)(6) of title 5, formation Act in 1966, and the amendments en- under paragraph (3) of this subsection’’; and United States Code, is amended by adding at the acted in 1974 and 1986, the Freedom of Informa- (5) in the third sentence by inserting ‘‘and the end thereof the following new subparagraphs: tion Act has been a valuable means through extent of such deletion shall be indicated on the ‘‘(D)(i) Each agency shall adopt a first-in, which any person can learn how the Federal portion of the record which is made available or first-out (hereafter in this subparagraph re- Government operates; published at the place in the record where such ferred to as FIFO) processing policy in deter- (3) the Freedom of Information Act has led to deletion was made’’ after ‘‘explained fully in mining the order in which requests are proc- the disclosure of waste, fraud, abuse, and writing’’. essed. The agency may establish separate proc- wrongdoing in the Federal Government; SEC. 5. HONORING FORMAT REQUESTS. essing tracks for simple and complex requests (4) the Freedom of Information Act has led to Section 552(a)(3) of title 5, United States Code, using FIFO processing within each track. the identification of unsafe consumer products, is amended by— ‘‘(ii) For purposes of such a multitrack sys- harmful drugs, and serious health hazards; (1) inserting ‘‘(A)’’ after ‘‘(3)’’; tem— (5) Government agencies increasingly use com- (2) inserting ‘‘(A) through (F)’’ after ‘‘under ‘‘(I) a simple request shall be a request requir- puters to conduct agency business and to store paragraphs (1) and (2)’’; ing 10 days or less to make a determination on publicly valuable agency records and informa- (3) striking out ‘‘(A) reasonably’’ and insert- whether to comply with such a request; and tion; and ing in lieu thereof ‘‘(i) reasonably’’; ‘‘(II) a complex request shall be a request re- (6) Government agencies should use new tech- (4) striking out ‘‘(B)’’ and inserting in lieu quiring more than 10 days to make a determina- nology to enhance public access to agency thereof ‘‘(ii)’’; and tion on whether to comply with such a request. records and information. (5) adding at the end thereof the following ‘‘(iii) A multitrack system shall not negate a (b) PURPOSES.—The purposes of this Act are new subparagraphs: claim of due diligence under subparagraph (C), to— ‘‘(B) An agency shall, as requested by any if FIFO processing within each track is main- (1) foster democracy by ensuring public access person, provide records in any form or format in tained and the agency can show that it has rea- to agency records and information; which such records are maintained by that sonably allocated resources to handle the proc- (2) improve public access to agency records agency. essing for each track. and information; ‘‘(C) An agency shall make reasonable efforts ‘‘(E)(i) Each agency shall promulgate regula- (3) ensure agency compliance with statutory to search for records in electronic form or format tions, pursuant to notice and receipt of public time limits; and and provide records in the form or format re- comment, providing that upon receipt of a re- (4) maximize the usefulness of agency records quested by any person, including in an elec- quest for expedited access to records and a and information collected, maintained, used, re- tronic form or format, even where such records showing by the person making such request of a tained, and disseminated by the Federal Gov- are not usually maintained but are available in compelling need for expedited access to records, ernment. such form or format.’’. the agency determine within 10 days (excepting SEC. 3. PUBLIC INFORMATION AVAILABILITY. SEC. 6. DELAYS. Saturdays, Sundays, and legal public holidays) Section 552(a)(1) of title 5, United States Code, (a) FEES.—Section 552(a)(4)(A) of title 5, after the receipt of such a request, whether to is amended— United States Code, is amended by adding at the comply with such request. A request for records (1) in the matter before subparagraph (A) by end thereof the following new clause: to which the agency has granted expedited ac- inserting ‘‘including by computer telecommuni- ‘‘(viii) If at an agency’s request, the Comp- cess shall be processed as soon as practicable. A cations, or if computer telecommunications troller General determines that the agency an- request for records to which the agency has de- means are not available, by other electronic nually has either provided responsive documents nied expedited access shall be processed within means,’’ after ‘‘Federal Register’’; or denied requests in substantial compliance the time limits under paragraph (6) of this sub- (2) by striking out ‘‘and’’ at the end of sub- with the requirements of paragraph (6)(A), one- section. paragraph (D); (3) by redesignating subparagraph (E) as sub- half of the fees collected under this section shall ‘‘(ii) A person whose request for expedited ac- paragraph (F); and be credited to the collecting agency and excess has not been decided within 10 days of its (4) by inserting after subparagraph (D) the pended to offset the costs of complying with this receipt by the agency or has been denied shall following new subparagraph: section through staff development and acquisi- be required to exhaust administrative remedies. ‘‘(E) a complete list of all statutes that the tion of additional request processing resources. A request for expedited access which has not agency head or general counsel relies upon to The remaining fees collected under this section been decided may be appealed to the head of the authorize the agency to withhold information shall be remitted to the Treasury as general agency within 15 days (excepting Saturdays, under subsection (b)(3) of this section, together funds or miscellaneous receipts.’’. Sundays, and legal public holidays) after its re- with a specific description of the scope of the in- (b) DEMONSTRATION OF CIRCUMSTANCES FOR ceipt by the agency. A request for expedited ac- formation covered; and’’. DELAY.—Section 552(a)(4)(E) of title 5, United cess that has been denied by the agency may be States Code, is amended— appealed to the head of the agency within 5 SEC. 4. MATERIALS MADE AVAILABLE IN ELEC- TRONIC FORMAT AND INDEX OF (1) by inserting ‘‘(i)’’ after ‘‘(E)’’; and days (excepting Saturdays, Sundays, and legal RECORDS MADE AVAILABLE TO THE (2) by adding at the end thereof the following public holidays) after the person making such PUBLIC. new clause: request receives notice of the agency’s denial. If Section 552(a)(2) of title 5, United States Code, ‘‘(ii) Any agency not in compliance with the an agency head has denied, affirmed a denial, is amended— time limits set forth in this subsection shall dem- or failed to respond to a timely appeal of a re- (1) in the matter before subparagraph (A) by onstrate to a court that the delay is warranted quest for expedited access, a court which would inserting ‘‘, including, within 1 year after the under the circumstances set forth under para- have jurisdiction of an action under paragraph date of the enactment of the Electronic Freedom graph (6) (B) or (C) of this subsection.’’. (4)(B) of this subsection may, upon complaint, of Information Improvement Act of 1996, by com- (c) PERIOD FOR AGENCY DECISION TO COMPLY require the agency to show cause why the re- puter telecommunications, or if computer tele- WITH REQUEST.—Section 552(a)(6)(A)(i) is quest for expedited access should not be grant- communications means are not available, by amended by striking out ‘‘ten days’’ and inserted, except that such review shall be limited to other electronic means,’’ after ‘‘copying’’; ing in lieu thereof ‘‘twenty days’’. the record before the agency.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10715 ‘‘(iii) The burden of demonstrating a compel- This legislation springs from one of our to use the Internet to increase access ling need by a person making a request for expe- most essential principles: A democracy to government records for all Ameri- dited access may be met by a showing, which works best when the people have all the in- cans. such person certifies under penalty of perjury to formation that the security of the Nation Ensuring public access to electronic be true and correct to the best of such person’s permits. government records is not just impor- knowledge and belief, that failure to obtain the Just over the past few months, tant for broader citizen access. Infor- requested records within the timeframe for expe- records released under the FOIA have dited access under this paragraph would— mation is a valuable commodity and ‘‘(I) threaten an individual’s life or safety; revealed FAA actions against Valuejet the Federal Government is probably ‘‘(II) result in the loss of substantial due proc- before the May 11 crash in the Ever- the largest single producer and reposi- ess rights and the information sought is not oth- glades, the government’s treatment of tory of accurate information. This gov- erwise available in a timely fashion; or South Vietnamese commandos who ernment information is a national re- ‘‘(III) affect public assessment of the nature fought in a CIA-sponsored army in the source that commercial companies pay and propriety of actual or alleged governmental early 1960’s, the high salaries paid to actions that are the subject of widespread, con- for under the FOIA, add value to, and temporaneous media coverage.’’. independent counsels, the unsafe lead then sell—creating jobs and generating SEC. 7. COMPUTER REDACTION. content of D.C. tap water, and the revenue in the process. It is important Section 552(b) of title 5, United States Code, is types of tax cases that the IRS rec- for our economy and for American amended by inserting before the period in the ommends for criminal prosecution. competitiveness that fast, easy access sentence following paragraph (9) the following: In the 30 years since the Freedom of to that resource in electronic form be ‘‘, and the extent of such deletion shall be indi- Information Act became law, tech- available. The electronic FOIA bill cated on the released portion of the record at nology has dramatically altered the would contribute to our information the place in the record where such deletion was way government handles and stores in- economy. made’’. formation. Gone are the days when I would like to highlight some of SEC. 8. DEFINITIONS. Section 552(f) of title 5, United States Code, is agency records were solely on paper what this bill would accomplish. First, amended to read as follows: stuffed into file cabinets. Instead, it would require agencies to provide ‘‘(f) For purposes of this section— agencies depend on personal com- records in a requested format whenever ‘‘(1) the term ‘agency’ as defined in section puters, computer databases and elec- possible. 551(1) of this title includes any executive depart- tronic storage media, such as CD- Second, the bill would encourage ment, military department, Government corpora- ROM’s, to carry out their mission. agencies to increase on-line access to tion, Government controlled corporation, or The time is long overdue to update government records that agencies cur- other establishment in the executive branch of rently put in their public reading the Government (including the Executive Office this law to address new issues related of the President), or any independent regulatory to the increased use of computers by rooms. These records would include agency; federal agencies. Computers are just as copies of records that are the subject of ‘‘(2) the term ‘record’ means all books, papers, ubiquitous in Federal agency offices as repeated FOIA requests. maps, photographs, machine-readable materials, in the private sector. We need to make Finally, the bill would address the or other information or documentary materials, clear that the FOIA is not just a right biggest single complaint of people regardless of physical form or characteristics, making FOIA requests: delays in get- but does not include— to know what’s on paper law, but that it applies equally to electronic records. ting a response. I understand that at ‘‘(A) library and museum material acquired or the FBI, the delays can stretch to over received and preserved solely for reference or ex- That is why Senator BROWN, Senator four years. Because of these delays, hibition purposes; KERRY, and I, with the strong support ‘‘(B) extra copies of documents preserved sole- of many library, press, civil liberties, writers, students and teachers and oth- ly for convenience of reference; consumer and research groups, have ers working under time deadlines, have ‘‘(C) stocks of publications and of processed pushed for passage of the Electronic been frustrated in using FOIA to meet documents; or their research needs. Long delays in ac- ‘‘(D) computer software which is obtained by FOIA bill. The Senate recognized the need to update the FOIA in the last cess can mean no access at all. an agency under a licensing agreement prohib- The current time limits in the FOIA iting its replication or distribution; and Congress by passing an earlier version are a joke. Few agencies actually re- ‘‘(3) the term ‘search’ means a manual or of this bill. spond to FOIA requests within the 10- automated review of agency records that is con- This legislation takes steps so that day limit required in the law. Such ducted for the purpose of locating those records agencies use technology to make gov- which are responsive to a request under sub- routine failure to comply with the section (a)(3)(A) of this section.’’. ernment more accessible and account- statutory time limits is bad for morale able to its citizens. Storing govern- Mr. McCAIN. Mr. President, I ask in the agencies and breeds contempt by unanimous consent that the committee ment information on computers should citizens who expect government offi- amendment be agreed to, the bill be actually make it easier to provide pub- cials to abide by, not routinely break, deemed read the third time, and lic access to information in more the law. passed, the motion to reconsider be meaningful formats. For example, peo- I appreciate the budget and resource laid upon the table, and that any state- ple with sight or hearing impairments constraints under which agencies are ments relating to the bill appear at can use special computer programs to operating. We have made every effort translate electronic information into this point in the RECORD. in this bill to make sure it works for The committee amendment was braille or large print or synthetic both agencies and requestors. Some agreed to. speech output. agencies, particularly those with huge The bill (S. 1090), as amended, was Electronic records also make it pos- backlogs of FOIA requests resulting in deemed read the third time, and sible to provide dial-up access to any delays of up to four years for an agency passed. citizen who can use computer net- response, are concerned that the bill Mr. LEAHY. Mr. President: I am de- works, such as the Internet. Those removes backlogs as an automatic ex- lighted that the Senate has today Americans living in the remotest rural cuse to ignore the time limits. We passed important amendments to the area in Vermont, or in a distant State should not give agencies an incentive Freedom of Information Act that will far from Federal agencies’ public read- to create backlogs. Agencies will have bring this statute into the electronic ing rooms here in Washington, DC, to show that they are taking steps to age. Passage of these amendments are should be able to use computer net- reduce their backlogs before they qual- a tremendous way to mark the 30th an- works to get direct access to the ware- ify for additional time to respond to a niversary of the Freedom of Informa- house of unclassified information FOIA request. tion Act. stored in government computer banks. While increased computer access to The FOIA has served the country The explosion of the Internet adds government records may necessitate an well in maintaining the right of Ameri- enormously to the need for clarifica- initial outlay of money and effort, as cans to know what their government is tion of the status of electronic govern- more information is made available on- doing—or not doing. As President ment records under the FOIA and the line, the labor intensive task of phys- Johnson said in 1966, when he signed significance of this legislation for cit- ically searching and producing docu- the Freedom of Information Act into izen access. These amendments to the ments should be reduced. The net re- law: FOIA will encourage federal agencies sult should be increased efficiency in

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10716 CONGRESSIONAL RECORD — SENATE September 17, 1996 satisfying agency FOIA obligations, re- Section 2. Findings and Purposes. The find- as (a)(2) materials, which are made available duced paperwork burdens, reduced er- ings make clear that Congress enacted the for public inspection and copying. This rors and better service to the public. FOIA to require Federal agencies to make would help to reduce the number of multiple The Electronic FOIA bill should help records available to the public through pub- FOIA requests for the same records requiring agencies comply with the law’s time lic inspection and upon the request of any separate agency responses. Likewise, the person for any public or private use. The general index would assist requesters in de- limits by doubling the ten-day time findings also acknowledge the increase in termining which records have been the sub- limit to give agencies a more realistic the government’s use of computers and ex- ject of prior FOIA requests. Since requests time period for responding to FOIA re- horts agencies to use new technology to en- for prior-released records are more readily quests, making more information hance public access to government informa- identified by the agency without the need for available on-line, requiring the use of tion. new searches, this index would assist agen- better record management techniques, The purposes of the bill include improving cies in complying with the FOIA time limits. such as multi-track processing, and public access to government information and This section would make clear that to pre- records, and reducing the delays in agencies’ providing expedited access to reques- vent a clearly unwarranted invasion of per- responses to requests for records under the sonal privacy, an agency may delete identi- tors who demonstrate a compelling Freedom of Information Act. fying details when it makes available or pub- need for a speedy response. Section 3. Application of Requirements to lishes the index and copies of prior-released All these steps, and others in the bill, Electronic Format Information. The bill records. may not provide a total cure but would add a definition of ‘‘record’’ to the Finally, this section would require, con- should help reduce the endemic delay FOIA to address electronically stored infor- sistent with the ‘‘Computer Redaction’’ re- problems. mation. There is little disagreement that the quirement in Section 9 of the bill, an agency This has generally been a very par- FOIA covers all government records, regard- to indicate the extent of any deletion from tisan Congress. I commend members of less of the form in which they are stored by the prior-released records and, where tech- the agency. The Department of Justice the House Government Reform and nically feasible, to indicate the deletion at agrees that computer database records are the place on the record where the deletion Oversight Subcommittee on Govern- agency records subject to the FOIA. See ‘‘De- was made. Such indication need not be in- ment Management, Information and partment of Justice Report on ‘Electronic cluded when doing so would harm an interest Technology, and, in particular, Chair- Record’ Issues Under the Freedom of Infor- protected by the exemption in subsection (b) man STEPHEN HORN, ranking member mation Act,’’ S. Hrg. 102–1098, 102d Cong., 2d under which the deletion was made. CAROLYN MALONEY, and Representa- Sess. 33 (1992). The bill would define ‘‘record’’ Section 5. Honoring Form or Format Re- tives RANDY TATE and COLLIN PETER- to ‘‘include any information that would be quests. Section 5 would require agencies to SON, for rising above the partisan fray an agency record subject to the requirements assist requesters by providing information in and moving this legislation in the of this section when maintained by an agen- the form requested, including requests for cy in any format, including an electronic the electronic form of records, if the agency House. They saw this bill for what it is: format.’’ is able to reproduce it in that form. This sec- a good government issue, not a par- Section 4. Information Made Available in tion would overrule Dismukes v. Department tisan one. We have worked diligently Electronic Format and Indexation of of the Interior, 603 F. Supp. 760, 763 (D.D.C. to sort out any differences in the House Records. The Office of Management and 1984), which held that an agency ‘‘has no ob- and Senate bills, and we can all be Budget has directed agencies to use elec- ligation under the FOIA to accommodate proud of the final product reflected in tronic media and formats, including public plaintiff’s preference [but] need only provide both the Substitute amendment to S. networks, to make government information responsive, nonexempt information in a rea- 1090 and the final version of the bill more easily accessible and useful to the pub- sonably accessible form.’’ lic. This bill will help effectuate this goal. This section would also require agencies to passed by the House. This section of the bill would require that make reasonable efforts to search for records Even as we have worked on this legis- materials, such as agency opinions and pol- that are maintained in electronic form or lation, new issues about the coverage icy statements, which an agency must format, unless such search efforts would sig- of the FOIA have surfaced. I refer spe- ‘‘make available for public inspection and nificantly interfere with the operation of the cifically to the D.C. Court of Appeals copying,’’ pursuant to Section 552(a)(2), and agency’s automated information systems. case, decided on August 2, 1996, that which are created on or after November 1, The bill defines ‘‘search’’ as a ‘‘review, the National Security Council is not an 1996, be made available by computer tele- manually or by automated means,’’ of ‘‘agen- ‘‘agency’’ subject to the FOIA, despite communications, as well as in hard copy, cy records for the purpose of locating those within 1 year after the date of enactment. If records responsive to a request.’’ Under the the fact that the NSC has complied an agency does not have the means estab- FOIA, an agency is not required to create with the FOIA for years under both Re- lished to make these materials available on- documents that do not exist. Computer publican and Democratic Presidents. line, then the information should be made records located in a database rather than in Litigation on this matter continues available in some other electronic form, e.g., a file cabinet may require the application of and the case may now go to the U.S. CD–ROM or disc. The bill would thus treat codes or some form of programming to re- Supreme Court. Clarification of which (a)(2) materials in the same manner as it trieve the information. Under the definition offices within the White House are treats (a)(1) materials, which under the Gov- of ‘‘search’’ in the bill, the search of comput- ‘‘agencies’’ subject to the FOIA may be ernment Printing Office Electronic Informa- erized records would not amount to the cre- tion Access Enhancement Act of 1993 (‘‘GPO ation of records. Otherwise, it would be vir- a matter requiring congressional atten- Access Act’’), Pub. Law 103–40, are required, tually impossible to get records that are tion in the next Congress. via the Federal Register, to be made avail- maintained completely in an electronic As the Federal Government increas- able on-line. form, like computer database information, ingly maintains its records in elec- This section would also increase the infor- because some manipulation of the informa- tronic form, we need to make sure that mation made available under Section tion likely would be necessary to search the this information is available to citi- 552(a)(2). Specifically, agencies would be re- records. zens on the same basis as information quired to make available for public inspec- Section 6. Standard for Judicial Review. in paper files. Doing so will fulfill the tion and copying, in the same manner as Section 6 would require a court to accord other materials required to be made avail- substantial weight to an agency’s determina- promise first made thirty years ago in able under Section 552(a)(2), copies of records tion as to both the technical feasibility of re- the FOIA that citizens have a right to released in response to FOIA requests that dacting nonreleasable material at the place know and a right to see the records the the agency determines have been or will on the record where the deletion was made, government collects with their tax dol- likely be the subject of additional requests. under paragraphs (2)(C) and subsection (b), as lars. In addition, they would be required to make amended by this Act, and the reproducibility I ask unanimous consent that a sec- available a general index of these prior-re- of the requested form or format of records, tion-by-section analysis of that amend- leased records. By December 31, 1999, this under paragraph (3)(B), as amended by this ment be printed in the RECORD. index should be made available by computer Act. Such deference is warranted since an There being no objection, the mate- telecommunications. Since not all individ- agency is familiar with the availability of rial was ordered to be printed in the uals have access to computer networks or technical resources within the agency to are near agency public reading rooms, how- process, redact and reproduce records. RECORD, as follows: ever, requesters would still be able to access Section 7. Ensuring Timely Response to SUMMARY OF SUBSTITUTE TO LEAHY-BROWN- previously-released FOIA records through Requests. The bill addresses the single most KERRY ELECTRONIC FOIA IMPROVEMENT ACT the normal FOIA process. frequent complaint about the operation of (S. 1090) As a practical matter, this would mean the FOIA, namely, agency delays in respond- Section 1. Short Title. The Act may be that copies of prior-released records on a ing to FOIA requests by encouraging agen- cited as the ‘‘Electronic Freedom of Informa- popular topic, such as the assassinations of cies to employ better records management tion Act Amendments of 1996.’’ public figures, would subsequently be treated systems.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10717 Multitrack Processing.—An agency com- stitute ‘‘exceptional circumstances.’’ Rou- quested records, appeals, a complete list of mitment to process requests on a first-come, tine backlogs of requests for records under statutes upon which the agency relies to first-served basis has been held to satisfy the the FOIA should not give agencies an auto- withhold information under Section 552(b)(3), requirement that an agency exercise due matic excuse to ignore the time limits, since which exempts information that is specifi- diligence in dealing with backlogs of FOIA this provides a disincentive for agencies to cally exempted from disclosure by other requests. Processing requests solely on a clear up those backlogs. The bill also makes statutes, the number of backlogged FOIA re- FIFO basis, however, may result in lengthy clear that those agencies with backlogs must quests, the number of days taken to process delays for simple requested due to the prior make efforts to reduce that backlog before requests, the amount of fees collected, and receipt and processing of complex requests, exceptional circumstances will be found to staff devoted to processing FOIA requests. and in increased agency backlogs. The bill exist. The annual reports would be required to be would permit agencies to promulgate regula- Section 8. Time Period for Agency Consid- made available to the public, including by tions implementing multitrack processing eration of Requests. The bill contains provi- computer telecommunications means. If an systems, and make clear that agencies sions designed to address the needs of both agency does not have the means established should exercise due diligence within each agencies and requesters for more workable to make the report available on-line, then track. Agencies would also be permitted to time periods for the processing of FOIA re- the report should be made available in some provide requesters with the opportunity to quests. other electronic form. The Attorney General limit the scope of their requests in order to Expedited Access.—The bill would require is required to make each report available at qualify for processing under a faster track. agencies to promulgate regulations author- a single electronic access point, and advise Unusual Circumstances.—The FOIA cur- izing expedited access to requesters who certain Members of Congress that such re- rently permits an agency in ‘‘unusual cir- demonstrate a ‘‘compelling need’’ for a ports are available. cumstances’’ to extend for a maximum of 10 speedy response. The agency would be re- The Attorney General and the Director of working days the statutory time limit for required to make a determination whether or the Office of Management and Budget are responding to a FOIA request, upon written no- not to grant the request for expedited access quired to develop reporting guidelines for tice to the requester setting forth the reason within ten days and then notify the re- the annual reports by October 1, 1997. for such extension. The FOIA enumerates quester of the decision. The requester would Section 11. Reference Materials and various reasons for such an extension, in- bear the burden of showing that expedition is Guides. The bill would require agencies to cluding the need to search for and collect re- appropriate by certifying in a statement make publicly available, upon request, ref- quested records from multiple offices, the that the demonstration of compelling need is erence material or a grade for requesting volume of records requested, and the need for true and correct to the best of the request- records or information from an agency. This consultation among components of an agen- er’s knowledge and belief. The bill would per- guide would include an index and description cy. mit only limited judicial review based on the of all major information systems of an agen- For unusually burdensome FOIA requests, same record before the agency of the deter- cy, and a handbook for obtaining various an extra ten days still provides insufficient mination whether to grant expedited access. types and categories of public information time for an agency to respond. The bill Moreover, federal courts will not have juris- from an agency. would provide a mechanism to deal with diction to review an agency’s denial of an ex- Section 12. Effective Date. To provide such requests, which an agency would not be pedited access request if the agency has al- agencies time to implement new require- able to process even with an extra ten days. ready provided a complete response to the ments under the Act, Sections 7 and 8 of the For such requests, the bill would require an request for records. bill concerning multitrack and expedited agency to inform the requester that the re- A ‘‘compelling need’’ warranting expedited processing, unusual and exceptional cir- quest cannot be processed within statutory access would be demonstrated by showing cumstances, the doubling of the statutory time limits and provide an opportunity for that failure to obtain the records within an time period for responding to FOIA requests, the requester to limit the scope of the re- expedited time frame would: (I) pose an im- and estimating the amount of material to quest so that it may be processed within minent threat to an individual’s life or phys- which access is denied, will take effect 180 statutory time limits, or arrange with the ical safety; or, (II) ‘‘with respect to a request days after the date of enactment, and the re- agency an agreed upon time frame for proc- made by a person primarily engaged in dis- mainder of the Act will become effective one essing the request. In the event that the re- seminating information, urgency to inform year after the date of enactment. quester refuses to reasonably limit the re- the public concerning actual or alleged fed- f quest’s scope or agree upon a time frame and eral government activity.’’ Agencies are also then seeks judicial review, that refusal shall permitted to provide for expedited proc- COMPREHENSIVE METHAMPHET- be considered as a factor in determining essing in other cases as they may determine. AMINE CONTROL ACT OF 1996 whether ‘‘exceptional circumstances’’ exist Expansion of Agency Response Time.—To under subparagraph (6)(C). assist federal agencies in reducing their Mr. MCCAIN. Mr. President, I ask Requesters should not be able to make backlog of FOIA requests, the bill would dou- unanimous consent that the Senate multiple requests merely to avoid the proce- ble the time limit for an agency to respond proceed to the immediate consider- dures otherwise applicable in unusual cir- to FOIA requests from ten days to twenty ation of Calendar No. 566, S. 1965, which cumstances. To avoid the potential problem days. Attorney General Janet Reno has ac- was introduced earlier by Senator of multiple requests for purely circumven- knowledged the inability of most federal tion purposes, the bill would permit agencies HATCH. agencies to comply with the ten-day rule ‘‘as The PRESIDING OFFICER. Without to promulgate regulations to aggregate re- a serious problem’’ stemming principally quests made by the same requester, or group from ‘‘too few resources in the face of too objection, it is so ordered. of requesters acting in concert, if the agency heavy a workload.’’ The clerk will report. reasonably believes that such requests actu- Estimation of Matter Denied.—The bill A bill (S. 1965) to prevent the illegal manually constitute a single request, which would would require agencies when denying a FOIA facturing and use of methamphetamine. otherwise satisfy the unusual circumstances request to make reasonable efforts to esti- The PRESIDING OFFICER. Is there specified in subparagraph (6)(B)(iii) of the mate the volume of any denied material and objection to the immediate consider- bill. The aggregated requests must involve provide that estimate to the requester, un- clearly related matters. Agencies are di- less doing so would harm an interest pro- ation of the bill? rected not to aggregate multiple requests in- tected by an exemption pursuant to which There being no objection, the Senate volving unrelated matters. the denial is made. proceeded to consider the bill. Exceptional Circumstances.—The FOIA Section 9. Computer Redaction. The ease Mr. HATCH. Mr. President, a number provides that in ‘‘exceptional cir- with which information on the computer of us have spent countless hours trying cumstances,’’ a court may extend the statu- may be redacted makes the determination of to devise a plan to turn back the dread- tory time limits for an agency to respond to whether a few words or 30 pages have been ful tide of methamphetamine abuse a FOIA request, but does not specify what withheld by an agency at times impossible. which is now beginning to flow west- those circumstances are. The bill would clar- The bill would require agencies to indicate ify that routine, predictable agency backlogs deletions of the released portion of the ward across the United States, threat- for FOIA requests do not constitute excep- record and, where technically feasible, to in- ening to engulf both cities and rural tional circumstances for purposes of the Act, dicate the deletion at the place on the record areas. unless the agency demonstrates reasonable where the deletion was made, unless includ- We have now crafted such a plan, a progress in reducing its backlog of pending ing that indication would harm an interest bipartisan plan which meets those requests. This is consistent with the holding protected by an exemption pursuant to goals, we have introduced as S. 1965, in Open America v. Watergate Special Prosecu- which the deletion is made. the Comprehensive Methamphetamine tion Force, 547 F.2d 605 (D.C. Cir. 1976), where Section 10. Report to the Congress. This Control Act of 1996. the court held that an unforeseen 3,000 per- section would add to the information an cent increase in FOIA requests in one year, agency is already required to publish as part I rise to ask my colleagues’ support which created a massive backlog in an agen- of its annual report. Specifically, agencies for this legislation and for the amend- cy with insufficient resources to process would be required to publish in its annual re- ments to that bill that have allowed it those requests in a timely manner, can con- ports information regarding denials of re- to win near unanimous support.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10718 CONGRESSIONAL RECORD — SENATE September 17, 1996 Mr. President, we have all seen the In a careful balance, S. 1965 also re- difference is that the combination recent alarming reports indicating that duces single transaction reporting re- ephedrine products are not permitted drug abuse has increased during the quirements for sales of over-the- to take advantage of the 3 gram, blis- tenure of the Clinton administration. counter pseudoephedrine and phenyl- ter pack rule that is afforded to Today, the Congress can take an im- propanolamine products to 24 grams. pseudoephedrine and phenylpropanola- portant step to curb our nation’s re- At the same time, our proposal creates mine products. cent backsliding on the drug issue. a safe harbor for legitimate cough and I do not know of, and understand I am proud to point out that this is a cold products sold in blister packs at that the Drug Enforcement Agency bipartisan measure—I think this is how the retail level at quantities of up to 3 does not know of, any public policy jus- drug policy should be made—and I wish grams. tification for this difference in treat- to thank all of our cosponsors: Sen- The Comprehensive Methamphet- ment of products. One possible—per- ators BIDEN; GRASSLEY; FEINSTEIN; amine Control Act establishes new re- haps likely—result will be to decrease WYDEN; DASCHLE; DEWINE; SPECTER; porting requirements for firms selling the public’s legitimate access to these D’AMATO; HARKIN; ASHCROFT; REID; these products through the mail, since products. I think this is unfortunate, KYL; FEINGOLD; and MCCAIN. law enforcement officials have found and I hope this provision can be revis- I wish to thank especially the rank- that mail order sales are a significant ited. ing member of the Judiciary Com- source of diversion. I would also like to comment on a mittee, Mr. BIDEN, for his help in devel- I believe that education and research few of the changes we made in the bill oping this legislation. are key to efforts to stop drug abuse, after its introduction. These changes I can report to my colleagues in the and our bill contains a separate title are embodied in the Hatch-Biden- Senate that the House Judiciary Com- which makes them a top priority. Wyden-Grassley-Feinstein technical mittee is also at hard work on this The bill creates an interagency task correction amendment. issue—they have a markup scheduled force on the methamphetamine epi- One such change, which I believe is a for tomorrow—so I think it is very pos- demic which will coordinate efforts significant improvement, is to provide sible, indeed highly probable, that we across the Government. It requires guidance of what evidence the Depart- will send a bill to the President before that the Secretary of Health and ment of Justice may use in examining adjournment. That time cannot come Human Services develop a public whether the safe harbor provisions that soon enough. health monitoring program, which will affect certain products—those products Two weeks ago, I testified before the collect and disseminate data which can sold in blister packs in quantities of 3 House Judiciary’s Subcommittee on be used in policy development. grams or less—are being diverted. We Crime, which held a hearing on the The bill also established a public-pri- have clarified that isolated or infre- meth epidemic. I was encouraged at vate education program, an advisory quent use, or use of small quantities of that hearing by the efforts of Chairman panel of Federal, State and local law these products, cannot be used to close MCCOLLUM and Representatives enforcement and regulatory agencies the 3 gram, blister pack safe harbor for HEINEMAN, SCHUMER and FAZIO, who with experience in investigating and pseudoephedrine and phenylpropanola- are working with us to get a bill we prosecuting illegal transactions of pre- mine products. can all endorse. cursor chemicals. As we crack down on those who make We developed this bill in close con- As I have said, Mr. President, this and sell illegal drugs we must also bal- sultation with the Department of Jus- bill is the product of long and hard ne- ance the interests of the millions of tice and the Drug Enforcement Admin- gotiations among many parties. our citizens who benefit from legiti- istration. Indeed, General McCaffrey, None of us are completely com- mate over-the-counter drug products. Director of the Office of National Drug fortable with every provision, but Only if there is solid evidence of sys- Control Policy, has testified before the taken as a whole we are confident the temic abuse of 3 gram, blister pack re- Judiciary Committee that he supports bill will meet our common goal. tail sales should any further steps be our legislation, so I am certain that An important component of the bill taken that would impede the ability of the President will sign the bill once the we introduced, as well as the Clinton ordinary, law-abiding Americans to House completes it work on this meas- administration’s proposal, were manda- have access to safe and effective cold ure. tory minimum sentences for meth remedies upon which they have come Frankly, it is time for this adminis- dealers. The bill we pass today does not to rely. tration to show that the war against contain those ‘‘mandatory minimums,’’ We must give the safe harbor provi- drugs is a top national priority. A re- due to adoption of the Kennedy-Simon sions a fair test, and that is why the responsibility of those in leadership posi- amendment. vised bill requires consultation with tions is to give first attention to the From my perspective, the Kennedy- the Secretary of Health and Human most important problems and this is Simon language on sentencing will not Services and departmental reporting to certainly one. be as effective as the mandatory mini- Congress if the Justice Department be- Mr. President, meth is a killer. We mums that were contained in the origi- lieves the safe harbor should be know that meth-related deaths are up nal version of the bill. My colleagues breached. dramatically from 151 in 1991 to 433 in should note that this bill would not Make no mistake about it, without 1994. have passed without our accepting the the 3 gram, blister pack provision, We know that methamphetamine-re- Kennedy-Simon amendment. The spon- many legitimate distributors of over- lated hospital admissions are up about sors of this amendment were rather the-counter products would likely 300 percent in the last 5 years. clear in expressing their desire to keep choose not to offer pseudoephedrine Seizures or illegal meth labs are up this bill from passing by unanimous and phenylpropanolamine products. all over the country and even in my consent without the change embodied This is so because without this safe home State of Utah. Illicit lab seizures in their amendment. In the 105th Con- harbor language legitimate distribu- in Utah increased from 13 in 1994 to 56 gress, it is my intention to pursue en- tors of these over-the-counter products in 1995. In 1996, there have already have actment of these penalties. In the in- risk triggering the reporting and been 40 meth lab seizures in my State. terest of passing a bill in an expedi- record keeping provisions and criminal Given this pernicious trend, the time tious fashion, I have reluctantly agreed sanctions that are attendant to regu- to act is now. We must act in a com- to accept the Kennedy-Simon amend- lated sales. prehensive fashion and that is what ment. At the request of the DEA, we in- this bill does. Another troublesome aspect of the cluded two important provisions. One S. 1965 increases the penalties for il- compromise is the manner in which makes the effective date of the so- legal manufacture and distribution of combination ephedrine products are called ‘‘safe harbor’’ provision effective methamphetamine and its precursors treated. In the bill we are about to for products on the shelf one year after chemicals. It also increases penalties adopt, such products are treated dif- enactment. The original bill had an ef- for illegal possession of and trafficking ferently than pseudoephedrine or phen- fective date for products initially in- in illicit methamphetamine. ylpropanolamine products. The chief troduced into interstate commerce

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10719 prior to 9 months after the date of en- In July, Senator HATCH and I, along licit possession and trafficking of the actment. with Senators FEINSTEIN, FEINGOLD, precursor chemicals and equipment The other provision allows the DEA DASCHLE, GRASSLEY, SPECTER, HARKIN, used to manufacture methamphet- to begin immediately upon enactment WYDEN, D’AMATO, KYL, REID, amine. to collect data used to determine if the ASHCROFT, MCCAIN, and DEWINE intro- Third, we increase the reporting re- safe harbor provision should not be reduced legislation to address this new quirements and restrictions on the le- tained. emerging drug epidemic before it is too gitimate sales of products containing I would also like to comment on an- late. these precursor chemicals in order to other critical provision of the Within the past few years the produc- prevent their diversion, and we impose Hatch-Biden-Wyden-Grassley-Feinstein tion and use of methamphetamine have even greater requirements on all firms amendment, which is that it takes the risen dramatically. Newspaper and which sell these product by mail. This unusual step of legislatively overriding media reports over the past few months includes the use of civil penalties and a regulation. This provision was made have highlighted these increases. I injunctions to stop ‘‘legitimate’’ firms necessary due to the fact that, on Au- have been tracking this development from recklessly providing precursor gust 7, 1996, the DEA promulgated a and pushing legislation to increase chemicals to methamphetamine manu- final rule with respect to certain Federal penalties and strengthen Fed- facturers. pseudoephedrine products. eral laws against methamphetamine Fourth, we address the international The DEA had been involved, almost production, trafficking, and use since nature of methamphetamine manufac- daily, in the negotiations over the de- 1990. ture and trafficking by coordinating velopment of the bill prior to promul- And what I and others have found is international enforcement efforts and gation of this final rule. I take the uni- alarming: strengthening provisions against the il- lateral action on the part of the DEA From 1991 through 1994 methamphet- legal importation of methamphetamine to issue that rule—without any notice amine related emergency room epi- and precursor chemicals. to the relevant committees—to be un- sodes increased 256 percent—the in- Fifth, we ensure that methamphet- fortunate bureaucratic judgment or a crease from 1993 to 1994 alone was 75 amine manufacturers who endanger the snafu. percent—with more than 17,000 people life on any individual or endanger the I have accepted the assurances of overdosing and being brought to the environment while making meth- DEA Administrator Tom Constantine emergency room because of methamphetamine will receive enhanced that this was an inadvertent error and amphetamine. prison sentences. that such failure to communicate, par- A survey of high school seniors, Finally, we require Federal, State, ticularly when it could jeopardize good which only measures the use of ‘‘ice’’— and local law enforcement and public faith work toward a common goal, will a fraction of the methamphetamine health officials to stay ahead of any not occur in the future. market—found that in 1995 86,000 12th potential growth in the methamphet- As chairman of the Judiciary Com- graders had used ice in the past year, amine epidemic by creating national mittee, I plan to continue to work 39,000 had used it in the past month, working groups on protecting the pub- closely with the DEA and Department and 3,600 reported using ice daily. This lic from the dangers of methamphet- of Justice as we plan, implement, and same survey found that only 54 percent amine production, trafficking, and oversee our Nation’s battle against of high school seniors perceived great abuse. drug abuse. It is important that we risk in trying ice—down from 62 per- The Hatch-Biden bill addresses all of work together. cent in 1990. And 27 percent of these these needs with a fair balance between Finally, as a result of testimony at children said it would be easy for them the needs of manufacturers and con- the House hearing, we have added two to get ice if they wanted it. sumers of legitimate products which provisions to the bill. One allows the The cause for concern over a meth- contain methamphetamine precursor effective date to be extended up to 6 amphetamine epidemic is further chemicals and the need to protect the months at the sole discretion of the ad- fueled by drug-related violence—again public by instituting harsh penalties ministration. The second allows manu- something we saw during the crack for any and all methamphetamine-re- facturers to petition for reinstatement era—that we can expect to flourish lated activities. from the legal drug exemption; the At- with methamphetamine as well. Put- This legislation is the crucial, com- torney General may grant such an ex- ting the problem in perspective, drug prehensive tool we need to stay ahead emption if she finds that the product is experts claim that ‘‘ice surpasses PCP of the methamphetamine epidemic and manufactured and distributed in a in inducing violent behavior.’’ to avoid the mistakes made during the manner which prevents diversion. In addition to the violence—both ran- early stages of the crack-cocaine explo- On balance, I think that these provi- dom and irrational—associated with sion. sions represent a reasonable com- methamphetamine users, there is also I want to thank Senator HATCH and promise. the enormous problem of violence my other colleagues who share my de- We have all strived to keep in mind among methamphetamine traffickers sire to move now on the problem of our topmost goal: curbing meth- and the environmental and life-threat- methamphetamine. I also want to amphetamine abuse. The bill we are ening conditions endemic in the clan- thank the Clinton administration, considering today meets that goal. It is destine labs where methamphetamine which also was determined to act now comprehensive, it is tough, and it is is produced. on this issue and worked with us in de- much needed. The bill the Senate is considering ad- veloping several of the provisions in I hope that we will approve the dresses all of the dangers of meth- this bill. amended version of S. 1965 quickly, so amphetamine and takes bold actions to I urge all my colleagues to join us in that the House may consider the meas- stop this potential epidemic in its protecting our children and our society ure, and we can move it swiftly down- tracks. Specifically, the Hatch-Biden from the devastations of methamphet- town to the President for his signature. methamphetamine enforcement bill amine by supporting this vital legisla- Mr. BIDEN. Mr. President, the story will take six major steps toward crack- tion. of our failure to foresee—and prevent— ing down on methamphetamine produc- Mr. WYDEN. Mr. President, I rise as the crack cocaine epidemic is one of tion, trafficking, and use, particularly an original cosponsor of the Com- the most significant public policy mis- use by the most vulnerable population prehensive Methamphetamine Control takes in modern history. Although threatened by this drug—our young Act of 1996, S. 1965, to urge its swift en- warning signs of an outbreak flared people. actment. over several years, few took action First and foremost, we increase pen- Today, the Senate is telling drug until it was too late. alties for possessing and trafficking in dealers that we aren’t going to let We now face similar warning signs methamphetamine. methamphetamine become the crack of with another drug—methamphetamine. Second, we crack down on meth- the 1990s. By passing the Comprehen- Without swift action now, history may amphetamine producers and traffickers sive Methamphetamine Control Act, repeat itself. by increasing the penalties for the il- the Senate is taking decisive action to

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10720 CONGRESSIONAL RECORD — SENATE September 17, 1996 stem the tide of the methamphetamine amine trafficking have been too low for equipment used to make the drug; in- epidemic that has sunk its claw into too long, and I hope the enhanced pen- creasing reporting requirements and communities in Oregon and across the alties will make drug dealers think restrictions on legitimate sales of Nation. twice before they peddle their poison. products containing these precursor I do not believe we are acting a mo- The bill will also ensure that meth- chemicals to prevent their diversion to ment too soon. Last year in Oregon, 52 amphetamine manufacturers who put illegal use; and strengthening provi- deaths were tied to methamphetamine. the life of any person at risk or endan- sions against illegal importation of By comparison, Oregon’s Office of Al- ger the environment will receive longer methamphetamine and precursor cohol and Drug Abuse Programs re- prison sentences. chemicals. ported that there was only one meth- Finally, I think that all our efforts I urge my colleagues to provide need- related death in 1991. Meth-related ar- at enforcing penalties against traf- ed tools to our law enforcement offi- rests are rising across my State: Over fickers and users are going to be for cers by joining the fight against this the last 5 years in Jackson County, naught unless we work to get at the dangerous drug. We should and we meth-related violations rose 1,100 per- root of the problem, which is the addic- must pass this bill. cent, while in Malheur County, meth- tion to this deadly substance. I am Mr. FEINGOLD. Mr. President, I rise related arrests jumped 110 percent from pleased that this legislation will ex- today in support of S. 1965, the Com- 1993 to 1994. In Portland, police seizures pand education, treatment and re- prehensive Methamphetamine Control of meth increased 145 percent from 1994 search activities related to meth- Act of 1996. I am pleased to join many of my colleagues from the Judiciary to 1995. amphetamine. Since this bill was introduced in While the Comprehensive Meth- Committee, including Chairman HATCH June, I have met with Oregonians from amphetamine Control Act will make a and the ranking member, Senator across the State who have told me difference in the battle against this BIDEN, as a cosponsor of this legisla- about the need for a tough Federal re- deadly drug, there should be no doubt tion. This bill is an important step in at- sponse to the meth crisis. In Medford, I that we will all need to remain engaged tempting to halt the spread of meth- attended a Methamphetamine Aware- so we can counter the challenges posed amphetamine across this Nation. Meth- ness Conference, where law enforce- by the methamphetamine crisis and by amphetamine is a dangerous synthetic ment officials joined with public health other illegal drugs, which are eating drug which stimulates the central experts and other social service pro- away at our Nation’s youth. nervous system and can lead to such I commend the fine bipartisan effort viders to discuss the need for a com- unfortunate consequences, as death, that went into crafting this bill. My prehensive approach to the meth prob- violent and uncontrollable behavior colleagues, led by Chairman HATCH and lem. In Portland, I convened a round and severe depression. Methamphet- Senators BIDEN and FEINSTEIN, deserve table so law enforcement officials from amine is similar to another synthetic across the State could focus on how praise for their commitment and co- drug which appeared in my home State Federal, State, and local law enforce- operation on this matter. As we all of Wisconsin in the recent past, ment can come together to take on the seek to stamp out drug abuse in this methcathinone or cat as it is com- methamphetamine crisis. Everywhere I country, I hope the partisan spirit that monly known. Thankfully, through the go, the refrain is the same—the prob- permeated this bill can be a harbinger hard work of law enforcement, both lem is growing, as is its grip on our of good things to come. Federal and local, throughout the Mr. DASCHLE. Mr. President, I rise communities. upper Midwest, it appears that The Comprehensive Methamphet- in support of this important and much- methcathinone remains a relatively amine Control Act will aid in turning needed bill. Law enforcement officers isolated problem. In contrast, however, the tide against the methamphetamine in my state of South Dakota know the use of methamphetamine appears menace by giving law enforcement firsthand the serious impact the use of to be spreading. much needed new tools to combat this methamphetamines or ‘‘meth’’ has had While use of methamphetamine cre- deadly drug. on the State. Easily made from legally ates responses similar to that of crack The legislation goes after the source available chemicals—indeed, instruc- cocaine, reactions to methamphet- of the methamphetamine problem—the tions for manufacturing the drug can amine have been far more severe and precursor chemicals, often found in be found on the Internet—meth is rel- longer in duration than those of crack legal, over-the-counter drug products, atively cheap because local manufac- or cocaine. Furthermore, in recent which are used to manufacture meth- turing eliminates the need for illegal years the purity of this drug has in- amphetamine and its ugly cousin, am- smuggling. Highly addictive and capa- creased, thus enhancing the potential phetamine. While still allowing con- ble of producing sharp personality al- for violent reactions among its users. sumers access to many helpful and terations, violent episodes, and brain The consequences of this are serious, commonly used products containing damage in users, the drug imposes a not only for the user, but for society as the precursor chemicals, the bill will tremendous cost on our communities, well. Drug abuse can often lead to place significant restrictions on the families and law enforcement re- crime or violent behavior, possibilities bulk sale of the chemicals, both sources. which may be amplified when meth- through the mail and over the counter. Methamphetamines have been linked amphetamine is involved. A recent na- The legislation will also increase the with several violent crimes in South tional conference of Federal, State and penalties for the illegal possession and Dakota. In the last year, a contract- local law enforcement indicated that trafficking of the precursor chemicals killing and a murder-suicide were both law enforcement must become prepared and the equipment used to manufac- attributable to use of this drug. The to deal with more violent offenders ture the controlled substances and will DEA has registered an increase in the who have abused methamphetamine. allow law enforcement increased flexi- percentage of arrests due to meth in The re-emergence of this drug can be bility to obtain injunctions to stop the South Dakota from around 20 percent traced to the early 1990’s when Mexican illegal production and sale of precursor of the total arrest rate to 70 percent. drug traffickers began to increase their chemicals. And users often harm themselves as production and importation of meth- This legislation addresses the inter- well. From 1991 through 1994, emer- amphetamine in the United States. Al- national trafficking in precursor gency room episodes caused by use of though originally produced primarily chemicals by imposing a maximum 10- this drug increased 256 percent nation- in Mexico, the clandestine labs which year penalty on the manufacture out- wide. generate methamphetamine have side the United States of precursor This bill addresses this emerging begun to appear in this nation. Ini- chemicals with the intent to import drug epidemic by increasing Federal tially, the devastating presence of this the chemical into this country. penalties and strengthening Federal drug was largely restricted to the Back at home, the bill will increase laws against production, trafficking Western United States, predominately penalties for those convicted of pos- and use of methamphetamines; increas- in California and Arizona. For the pe- sessing and trafficking in methamphet- ing penalties for illicit possession and riod of 1991 through 1994, methamphetamine. Penalties for methamphet- trafficking of precursor chemicals and amine related deaths increased by 176

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10721 percent for the cities of Los Angeles, to the issue of drug abuse, but it is, in Committee and look forward to work- Phoenix, San Diego, and San Fran- my opinion, an important and nec- ing with them to ensure this legisla- cisco. In the city of Phoenix the num- essary step in addressing the con- tion gets to the President this year. ber of methamphetamine related emer- sequences of methamphetamine. I want AMENDMENTS NOS. 5365 AND 5366, EN BLOC gency room incidents increased by 370 to again thank the Senator from Dela- Mr. MCCAIN. I understand that there percent for that same 4-year period. ware, Senator BIDEN, and Senator are two amendments at the desk, one Nationwide, the number of emergency HATCH for their leadership on this bill. submitted by Senator HATCH and one room incidents increased 350 percent I am proud to join them in this effort submitted by Senator KENNEDY. from 1991 to 1994. While originally re- and pleased that the Senate has chosen I ask for their consideration en bloc. stricted to the western part of the to adopt this important legislation. The PRESIDING OFFICER. Without United States, it appears that the drug Mr. HARKIN. Mr. President, as an objection, it is so ordered. has begun an eastward migration to original cosponsor of the Comprehen- The clerk will report. parts of the Midwest. Mr. President, sive Methamphetamine Control Act, I The legislative clerk read as follows: there can be no doubt that the con- am pleased that the Senate is acting The Senator from Arizona (Mr. MCCAIN), sequences of using this drug are seri- quickly to take this important step in proposes amendments numbered 5365 and ous. We must take steps to address this our fight against drugs. Meth is de- 5366, en bloc. growing problem and this legislation stroying lives, families, and commu- The amendments (Nos. 5365 and 5366), does just that. nities across Iowa and across the coun- en bloc, are as follows: S. 1965 includes provisions to try. Just last week Des Moines police AMENDMENT NO. 5365 strengthen and enhance penalties for reported that marijuana use in the city the trafficking of methamphetamine. (Purpose: To make certain technical and is on the rise and that the increase is conforming amendments) It increases penalties for the illegal being driven by the popularity of meth- possession and trafficking of precursor On page 9, line 2, strike ‘‘or facilitate to amphetamine. For Iowa, and many manufacture’’ and insert ‘‘or to facilitate the chemicals, those chemicals which are other States, this bill passage of this manufacture of’’. used to produce this deadly drug. The legislation can’t come fast enough. On page 10, line 8, strike ‘‘IMPORTATION RE- bill increases penalties for the illegal As Iowa’s new drug of choice, meth QUIREMENTS’’ and insert ‘‘IMPORTATION AND manufacture and possession of equip- has left no part of our State un- EXPORTATION REQUIREMENTS’’. ment used to construct the clandestine touched. In a word, meth is poison. On page 11, line 9, strike the comma after labs which generate methamphetamine This dangerous and popular drug is ‘‘item’’. and other controlled substances. An- cheap and easy to access. In Iowa, the On page 11, line 12, strike beginning with other troubling facet of this drug, ‘‘For purposes’’ through line 21 and insert street price for one gram of meth is ‘‘For purposes of paragraph (11), there is a which this bill addresses, is that the $100, similar to that of cocaine. How- rebuttable presumption of reckless disregard labs which produce this drug often pour ever, unlike cocaine whose effects last at trial if the Attorney General notifies a volatile and lethal chemicals into the about 20 minutes, one quarter of a firm in writing that a laboratory supply sold environment. This bill increases the gram of meth will last about 12 to 14 by the firm, or any other person or firm, has penalties for those individuals who en- hours. A leading Iowa doctor referred been used by a customer of the notified firm, danger the lives of innocent people and to meth as ‘‘the most malignant, ad- or distributed further by that customer, for law enforcement as well as threaten dictive drug known to mankind.’’ the unlawful production of controlled sub- the environment by operating these There is no doubt that the time for stances or listed chemicals a firm distributes and 2 weeks or more after the notification labs. this legislation is now. Federal meth- the notified firm distributes a laboratory Because many of the components of amphetamine investigations have dou- supply to the customer.’.’’. methamphetamine are products which bled and meth arrests have more than On page 14, line 24, strike ‘‘Iso safrole’’ and are otherwise legally available, the bill tripled over the past 2 years. The Divi- insert ‘‘Isosafrole’’. tightens restrictions on the sale and sion of Iowa Narcotics Enforcement re- On page 15, between lines 5 and 6, add the importation of the precursor chemicals ported a nearly 400 percent increase in following: used by methamphetamine traffickers. meth seizures in a one year period. And SEC. 210. WITHDRAWAL OF REGULATIONS. It enhances reporting requirements for in our largest city, Des Moines, meth The final rule concerning removal of ex- pseudoephedrine or phenylpropanola- seizures increased more than 4,000 per- emption for certain pseudoephedrine products marketed under the Federal Food, Drug, mine, both important components in cent. the production of methamphetamine. and Cosmetic Act published in the Federal The legislation we are passing today Register of August 7, 1996 (61 FR 40981–40993) In short, Mr. President, in addition to takes bold actions to help States like is null and void and of no force or effect. punishing those individuals who mar- Iowa fight back. The Comprehensive On page 21, line 23, strike beginning with ‘‘, ket in this deadly drug, the bill ad- Methamphetamine Enforcement Act except that’’ through ‘‘transaction’’ on page dresses the important issue of regu- stiffens penalties for the possession and 22, line 6, and insert ‘‘, except that the lating precursor chemicals which are trafficking of this deadly poison and threshold for any sale of products containing essential to drug traffickers. Finally cracks down on producers and traf- pseudoephedrine or phenylpropanolamine Mr. President, this legislation estab- fickers by increasing penalties for the products by retail distributors or by distributors required to submit reports by sec- lishes an interagency task force to illicit possession of the chemicals and tion 310(b)(3) of this title shall be 24 grams of visit the growing problem of meth- equipment used to manufacture meth- pseudoephedrine or 24 grams of phenyl- amphetamine abuse and develop and amphetamine. The bill increases re- propanolamine in a single transaction’’. implement a national strategy of edu- strictions and reporting requirements On page 22, line 8, strike ‘‘abuse’’ and in- cation, prevention, and treatment. on companies who supply the ingredi- sert ‘‘offense’’. Further, the Secretary of Health and ents for its production and creates na- On page 23, strike lines 1 through 14 and in- Human Services is charged with moni- tional working groups comprised of sert the following: toring the level of methamphetamine public health officials and local law en- ‘‘(46)(A) The term ‘retail distributor’ means a grocery store, general merchandise abuse in the United States in order to forcement to develop strategies to con- store, drug store, or other entity or person assist public health officials in devel- tinue to fight this budding epidemic. whose activities as a distributor relating to oping responses to this problem. Iowans have worked hard to cultivate pseudoephedrine or phenylpropanolamine Clearly, Mr. President, the problems a good quality of life. They have products are limited almost exclusively to of drug which confront this Nation are worked hard to make their commu- sales for personal use, both in number of complex and challenging. It will re- nities a place to raise a family, a safe sales and volume of sales, either directly to quire a long-term commitment by all place, a decent place. But meth pro- walk-in customers or in face-to-face trans- of us. We must coordinate law enforce- ducers and dealers are peddling poison actions by direct sales. ment and tough sanctions with effec- On page 24, line 12, strike ‘‘The’’ and insert and wreaking havoc on small towns the following: ‘‘Pursuant to subsection (d)(1), tive and adequately funded education, and communities across our State. the’’. prevention and treatment initiatives. I appreciate the efforts of Senators On page 25, line 17, strike ‘‘effective date of This legislation is clearly just one por- HATCH and BIDEN, the chair and rank- this section’’ and insert ‘‘date of enactment tion of what must be a larger approach ing member of the Senate Judiciary of this Act’’.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10722 CONGRESSIONAL RECORD — SENATE September 17, 1996 On page 26, line 1, after ‘‘being’’ insert date of enactment of this Act, except that, of the Sentencing Act of 1987, as though the ‘‘widely’’. on application of a manufacturer of a par- authority of that section had not expired, On page 26, line 4, strike ‘‘in bulk’’ and in- ticular pseudoephedrine or phenylpropanola- amend the sentencing guidelines to increase sert ‘‘for distribution or sale’’. mine drug product, the Attorney General by at least two levels the offense level for of- On page 27, line 15, strike ‘‘effective date of may, in her sole discretion, extend such ef- fenses involving list I chemicals under— this section’’ and insert ‘‘date of enactment fective date up to an additional six months. (A) section 401(d) (1) and (2) of the Con- of this Act’’. Notwithstanding any other provision of law, trolled Substances Act (21 U.S.C. 841(d) (1) On page 28, between lines 19 and 20, insert the decision of the Attorney General on such and (2)); and the following and redesignate the following an application shall not be subject to judi- (B) section 1010(d) (1) and (3) of the Con- paragraphs accordingly: cial review.’’ trolled Substance Import and Export Act (21 (3) SIGNIFICANT NUMBER OF INSTANCES.— On page 35, line 5, after ‘‘funds’’ insert ‘‘or U.S.C. 960(d) (1) and (3)). (A) IN GENERAL.—For purposes of this sub- appropriations’’. (2) REQUIREMENT.—In carrying out this section, isolated or infrequent use, or use in subsection, the Commission shall ensure insubstantial quantities, of ordinary over- AMENDMENT NO. 5366 that the offense levels for offenses referred the-counter pseudoephedrine or phenyl- to in paragraph (1) are calculated proportion- (Purpose: To provide enhanced penalties for propanolamine, as defined in section 102(45) ally on the basis of the quantity of con- offenses involving certain listed chemicals) of the Controlled Substances Act, as added trolled substance that reasonably could have by section 401(b) of this Act, and sold at the Strike sections 301 and 302 and insert the been manufactured in a clandestine setting retail level for the illicit manufacture of following: using the quantity of the list I chemical pos- methamphetamine or amphetamine may not SEC. 301. PENALTY INCREASES FOR TRAF- sessed, distributed, imported, or exported. be used by the Attorney General as the basis FICKING IN METHAMPHETAMINE. On page 2, strike out the items relating to for establishing the conditions under para- (a) DIRECTIVE TO THE UNITED STATES SEN- sections 301 and 302 and insert the following: graph (1)(A)(ii) of this subsection, with re- TENCING COMMISSION.—Pursuant to its au- Sec. 301. Penalty increases for trafficking in spect to pseudoephedrine, and paragraph thority under section 994 of title 28, United methamphetamine. (2)(A)(ii) of this subsection, with respect to States Code, the United States Sentencing Sec. 302. Enhanced penalties for offenses in- phenylpropanolamine. Commission shall review and amend its volving certain listed chemi- (B) CONSIDERATIONS AND REPORT.—The At- guidelines and its policy statements to pro- cals. torney General shall— vide for increased penalties for unlawful Mr. MCCAIN. I ask unanimous con- (i) in establishing a finding under para- manufacturing, importing, exporting, and sent that the amendments be consid- graph (1)(A)(ii) or (2)(A)(ii) of this sub- trafficking of methamphetamine, and other similar offenses, including unlawful posses- ered read, and agreed to, the bill be section, consult with the Secretary of Health deemed read a third time, passed, the and Human Services in order to consider the sion with intent to commit any of those of- effects on public health that would occur fenses, and attempt and conspiracy to com- motion to reconsider be laid upon the from the establishment of new single transmit any of those offenses. The Commission table, and that any statements relating action limits as provided in such paragraph; shall submit to Congress explanations there- to the bill be placed at the appropriate and for and any additional policy recommenda- place in the RECORD. (ii) upon establishing a finding, transmit a tions for combating methamphetamine of- The PRESIDING OFFICER. Without report to the Committees on the Judiciary in fenses. objection, it is so ordered. both, respectively, the House of Representa- (b) IN GENERAL.—In carrying out this sec- The amendments (Nos. 5365 and 5366) tives and the Senate in which the Attorney tion, the Commission shall ensure that the en bloc were agreed to. General will provide the factual basis for es- sentencing guidelines and policy statements The bill (S. 1965), as amended, was tablishing the new single transaction limits. for offenders convicted of offenses described in subsection (a) and any recommendations deemed read a third time and passed. On page 29, between lines 14 and 15, insert (The text of the bill will be printed in the following: submitted under such subsection reflect the (f) COMBINATION EPHEDRINE PRODUCTS.— heinous nature of such offenses, the need for a future edition of the RECORD.) (1) IN GENERAL.—For the purposes of this aggressive law enforcement action to fight Mr. GRASSLEY. Mr. President, section, combination ephedrine products such offenses, and the extreme dangers asso- today I am pleased to say that S. 1965— shall be treated the same as pseudoephedrine ciated with unlawful activity involving what we call the meth bill—has finally products, except that— methamphetamine, including— passed. I want to thank all Members (A) a single transaction limit of 24 grams (1) the rapidly growing incidence of meth- for letting this important piece of leg- shall be effective as of the date of enactment amphetamine abuse and the threat to public islation get through the Senate. of this Act and shall apply to sales of all safety such abuse poses; S. 1965, a bipartisan bill, takes aim at combination ephedrine products, notwith- (2) the high risk of methamphetamine ad- a rapidly growing problem in America standing the form in which those products diction; are packaged, made by retail distributors or (3) the increased risk of violence associated and in Iowa—the abuse of methamphet- distributors required to submit a report with methamphetamine trafficking and amine, known on the street as ‘‘meth’’ under section 310(b)(3) of the Controlled Sub- abuse; and or ‘‘crank.’’ stances Act (as added by section 402 of this (4) the recent increase in the illegal impor- I am from Iowa—a rural state which Act); tation of methamphetamine and precursor most people do not associate with (B) for regulated transactions for combina- chemicals. rampant crime or drug use. But in Iowa tion ephedrine products other than sales de- SEC. 302. ENHANCED PENALTIES FOR OFFENSES today, meth use has increased dramati- scribed in subparagraph (A), the transaction INVOLVING CERTAIN LISTED CHEMI- cally. According to a report prepared CALS. limit shall be— by the Governor’s Alliance on Sub- (i) 1 kilogram of ephedrine base, effective (a) CONTROLLED SUBSTANCES ACT.—Section on the date of enactment of this Act; or 401(d) of the Controlled Substances Act (21 stance Abuse, seizures of meth in Des (ii) a threshold other than the threshold U.S.C. 841(d)) is amended by striking ‘‘not Moines increased an astounding 4,000 described in clause (i), if established by the more than 10 years,’’ and inserting ‘‘not percent from 1993 to 1994. I repeat: Attorney General not earlier than 1 year more than 20 years in the case of a violation meth seizures in Des Moines increased after the date of enactment of this Act; and of paragraph (1) or (2) involving a list I by 4,000 percent. The increase state- (C) the penalties provided in subsection chemical or not more than 10 years in the wide was 400 percent. (d)(1)(B) of this section shall take effect on case of a violation of this subsection other These numbers are scary, Mr. Presi- the date of enactment of this Act for any in- than a violation of paragraph (1) or (2) in- dent. dividual or business that violates the single volving a list I chemical,’’. And according to the Iowa Depart- (b) CONTROLLED SUBSTANCE IMPORT AND EX- transaction limit of 24 grams for combina- ment of Public Health, 7.3 percent of tion ephedrine products. PORT ACT.—Section 1010(d) of the Controlled (2) DEFINITION.—For the purposes of this Substance Import and Export Act (21 U.S.C. Iowans seeking help from substance section, the term ‘‘combination ephedrine 960(d)) is amended by striking ‘‘not more abuse treatment centers in 1995 cited product’’ means a drug product containing than 10 years,’’ and inserting ‘‘not more than meth as their primary addiction. ephedrine or its salts, optical isomers, or 20 years in the case of a violation of para- That’s up over 5 percent from 1994, salts of optical isomers and therapeutically graph (1) or (3) involving a list I chemical or when only 2.2 percent cited meth as significant quantities of another active me- not more than 10 years in the case of a viola- their primary addition. dicinal ingredient. tion of this subsection other than a violation Why has meth become such a prob- of paragraph (1) or (3) involving a list I On page 29, line 15, strike ‘‘(f)’’ and insert lem? I don’t think anyone knows de- ‘‘(g)’’. chemical,’’. On page 29, line 17, strike all beginning (c) SENTENCING GUIDELINES.— finitively, but experts have been able with ‘‘over-the-counter’’ through line 20 and (1) IN GENERAL.—The United States Sen- to identify some of the reasons. insert ‘‘pseudoephedrine or phenylpropanola- tencing Commission shall, in accordance Meth is cheap. A meth high lasts for mine product prior to 12 months after the with the procedures set forth in section 21(a) a very, very long time, so you get more

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10723 for your money. And perhaps most dis- powder cocaine. Let’s not get that mission on Protecting and Reducing Govern- turbingly, meth does not have the stig- close to the edge again. I’m proud that ment Secrecy. ma associated with cocaine and crack. the Senate today has stood up to the The PRESIDING OFFICER. Is there Kids know that crack is dangerous. But chemical companies, stood up to the objection to the immediate consider- they haven’t yet learned that meth is. drug dealers and passed this crucial ation of the concurrent resolution? In Waterloo, Iowa, though, people are piece of legislation. There being no objection, the Senate proceeded to consider the concurrent beginning to learn this sad and painful f lesson. According to the New York resolution. Times, a 17-year-old Iowan who had AUTHORIZING THE CAPITOL GUIDE Mr. MCCAIN. Mr. President, I ask been a good boy, descended into meth SERVICE TO ACCEPT VOL- unanimous consent that the resolution addiction. His behavior changed for the UNTARY SERVICES be agreed to, the motion to reconsider be laid upon the table, and that any worse. Last October, this young man Mr. MCCAIN. Mr. President, I ask statements relating to the resolution checked himself into the hospital be- unanimous consent that the Senate cause he believed that he had the flu. appear at this point in the RECORD. proceed to the consideration of S. 2085 The PRESIDING OFFICER. Without He died only days later because meth introduced earlier by Senators WARNER objection, it is so ordered. had so destroyed his immune system and FORD. The concurrent resolution (S. Con. that he developed a form of meningitis. The PRESIDING OFFICER. The Res. 67) was agreed to, as follows: I’ll never forget the words of this boy’s clerk will report. S. CON. RES. 67 mother: ‘‘He made some wrong deci- The legislative clerk read as follows: Resolved by the Senate (the House of Rep- sions and this drug sucked him away.’’ A bill (S. 2085) to authorize the Capitol resentatives concurring), That there shall be I wonder how many more young Ameri- Guide Service to accept voluntary services. printed as a Senate document the report of cans are going to be ‘‘sucked away’’ be- The PRESIDING OFFICER. Is there the Commission on Protecting and Reducing fore we get a handle on the meth prob- objection to the immediate consider- Government Secrecy. lem. SEC. 2. The document referred to in the ation of the bill? first section shall be— Mr. President, what America is fac- There being no objection, the Senate (1) published under the supervision of the ing today with the explosion in meth proceeded to consider the bill. Secretary of the Senate; and use is nothing short of an epidemic. Mr. MCCAIN. I ask unanimous con- (2) in such style, form, manner, and bind- Meth is cheap and easily manufactured sent that the bill be deemed read a ing as directed by the Joint Committee on from commonly available chemicals. Printing, after consultation with the Sec- third time and passed, the motion to retary of the Senate. Today, the Senate is striking at the reconsider be laid upon the table, and root of the problem: Chemical suppliers The document shall include illustrations. that any statements relating to the SEC. 3. In addition to the usual number of who sell chemicals to illegal meth labs. bill appear at this point in the RECORD. copies of the document, there shall be print- The harder it is for criminal chemists The PRESIDING OFFICER. Without ed the lesser of— to get the raw material to make meth, objection, it is so ordered. (1) 5,000 copies for the use of the Secretary the more difficult it will be to produce. of Senate; or The bill (S. 2085) was deemed read a (2) such number of copies as does not ex- This in turn will make it more expen- third time and passed, as follows: sive. And this will reduce consumption. ceed a total production and printing cost of S. 2085 $45,000. And that will help keep our kids alive a little longer. Be it enacted by the Senate and House of Rep- f resentatives of the United States of America in Importantly, this bill preserves the Congress assembled, DISAPPROVAL OF THE RULE SUB- flexibility of States to enact their own That section 441 of the Legislative Reorga- MITTED BY THE HEALTH CARE laws to deal with the manufacture of nization Act of 1970 (40 U.S.C. 851) is amend- FINANCING ADMINISTRATION meth. Some very powerful chemical ed by striking subsection (j) and inserting Mr. MCCAIN. Mr. President, I ask companies have tried to weaken this the following: unanimous consent that the Senate bill by preempting the States. I think ‘‘(j)(1) Notwithstanding section 1342 of title now proceed to the consideration of that is just wrong-headed and I am 31, United States Code, the Capitol Guide Senate Joint Resolution 60 introduced pleased that the Senate has rejected Service is authorized to accept voluntary personal services. earlier today by Senator LOTT. this effort. ‘‘(2) No person shall be permitted to donate The PRESIDING OFFICER. The Some of the chemical companies also personal services under this subsection un- clerk will report. tried to create so-called safe harbors so less the person has first agreed, in writing, The legislative clerk read as follows: large that enormous bulk purchases of to waive any claim against the United States A joint resolution (S.J. Res. 60) to dis- meth ingredients would never have to arising out of or in connection with such approve the rule submitted by the Health be reported to the DEA. That means services, other than a claim under chapter 81 Care Financing Administration on August 30 criminals could go to the corner drug- of title 5, United States Code. relating to hospital reimbursement under the Medicare program. store, purchase legal products like ‘‘(3) No person donating personal services pseudoephedrine in large quantities under this section shall be considered an em- The PRESIDING OFFICER. Is there ployee of the United States for any purpose objection to the immediate consider- and make poison with no one the wiser. other than for purposes of chapter 81 of title And then that poison is sold to our ation of the joint resolution? 5, United States Code. There being no objection, the Senate kids. ‘‘(4) In no case shall the acceptance of per- proceeded to consider the joint resolu- While the Senate has had to make sonal services under this section result in tion. some compromises I wouldn’t have the reduction of pay or displacement of any Mr. MCCAIN. Mr. President, I ask employee of the Capitol Guide Service.’’. wanted to make in a perfect world— unanimous consent that the joint reso- like the blister-pack exception for f lution be deemed not passed, the mo- pseudoephedrine—I think that this bill PRINTING OF THE REPORT OF THE tion to reconsider be laid upon the represents a major step forward. COMMISSION ON PROTECTING table, and that any statements relating This is a good, strong bill and I’m AND REDUCING GOVERNMENT to the joint resolution be printed in the proud that it has passed. SECRECY RECORD. Finally, Mr. President, I especially The PRESIDING OFFICER. Without want to take my hat off to Senator Mr. MCCAIN. Mr. President, I ask objection, it is so ordered. FEINSTEIN for her work on this bill. unanimous consent that the Rules The joint resolution (S.J. Res. 60) More than any other Senator, DIANNE Committee be discharged from S. Con. was deemed not passed. Res. 67 and that the Senate proceed to FEINSTEIN worked tirelessly to make f sure that we could get the strongest its immediate consideration. possible meth bill. I just want the The PRESIDING OFFICER. The CONDEMNING HUMAN RIGHTS American people to know what a tre- clerk will report. ABUSES AND DENIALS OF RELI- mendous job she’s done. The legislative clerk read as follows: GIOUS LIBERTY Mr. President, in the 1980’s, we al- A concurrent resolution (S. Con. Res. 67) to Mr. MCCAIN. Mr. President, I ask most lost a generation to crack and authorize printing of the report of the Com- unanimous consent that the Senate

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10724 CONGRESSIONAL RECORD — SENATE September 17, 1996 proceed to the immediate consider- those persecuted for their religious faith’’ SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR ation of Senate Concurrent Resolution and ‘‘to do what is in our power to the end THE THRIFT SAVINGS PLAN. 71, submitted earlier today by Senator that the government of the United States Section 8438 of title 5, United States Code, is will take appropriate action to combat the amended— NICKLES. intolerable religious persecution now victim- (1) in subsection (a)— The PRESIDING OFFICER. The izing fellow believers and those of other (A) by redesignating paragraphs (5) through clerk will report. faiths’’; (8) as paragraphs (6) through (9), respectively; The legislative clerk read as follows: Whereas the World Evangelical Fellowship (B) by inserting after paragraph (4) the fol- A concurrent resolution (S. Con. Res. 71) has declared September 29, 1996, and each an- lowing new paragraph: condemning human rights abuses and denials nual last Sunday in September, as an inter- ‘‘(5) the term ‘International Stock Index In- of religious liberty to Christians around the national day of prayer on behalf of per- vestment Fund’ means the International Stock world. secuted Christians. That day will be observed Index Investment Fund established under sub- by numerous churches and human rights section (b)(1)(E);’’; The PRESIDING OFFICER. Is there (C) in paragraph (8) (as redesignated by sub- objection to the immediate consider- groups around the world; Whereas the United States of America paragraph (A) of this paragraph) by striking ation of the concurrent resolution? since its founding has been a harbor of refuge out ‘‘and’’ at the end thereof; There being no objection, the Senate and freedom to worship for believers from (D) in paragraph (9) (as redesignated by sub- proceeded to consider the concurrent John Winthrop to Roger Williams to William paragraph (A) of this paragraph)— resolution. Penn, and a haven for the oppressed. To this (i) by striking out ‘‘paragraph (7)(D)’’ in each place it appears and inserting in each such Mr. MCCAIN. I ask unanimous con- day, the United States continues to guarantee freedom of worship in this country for place ‘‘paragraph (8)(D)’’; and sent that the concurrent resolution be (ii) by striking out the period and inserting in people of all faiths; agreed to, the motion to reconsider be lieu thereof a semicolon and ‘‘and’’; and Whereas as a part of its commitment to laid upon the table, and that any state- (E) by adding at the end thereof the following human rights around the world, in the past new paragraph: ments relating to the resolution be the United States has used its international ‘‘(10) the term ‘Small Capitalization Stock placed at the appropriate place in the leadership to vigorously take up the case of Index Investment Fund’ means the Small Cap- RECORD. other persecuted religious minorities. Unfor- italization Stock Index Investment Fund estab- The PRESIDING OFFICER. Without tunately, the United States has in many in- lished under subsection (b)(1)(D).’’; and stances failed to raise forcefully the issue of objection, it is so ordered. (2) in subsection (b)— Without objection, the preamble is anti-Christian persecution at international (A) in paragraph (1)— agreed to. conventions and in bilateral relations with (i) in subparagraph (B) by striking out ‘‘and’’ The concurrent resolution (S. Con. offending countries; now, therefore, be it at the end thereof; Res. 71) was agreed to. Resolved, That the Senate, the House of (ii) in subparagraph (C) by striking out the Representatives concurring— The preamble was agreed to. period and inserting in lieu thereof a semicolon; (1) unequivocally condemns the egregious and The concurrent resolution, with its human rights abuses and denials of religious preamble, is as follows: (iii) by adding at the end thereof the following liberty to Christians around the world, and new subparagraphs: S. CON. RES. 71 calls upon the responsible regimes to cease ‘‘(D) a Small Capitalization Stock Index In- Whereas oppression and persecution of reli- such abuses; and vestment Fund as provided in paragraph (3); gious minorities around the world has (2) strongly recommends that the Presi- and emerged as one of the most compelling dent expand and invigorate the United ‘‘(E) an International Stock Index Investment human rights issues of the day. In par- States’ international advocacy on behalf of Fund as provided in paragraph (4).’’; and ticular, the worldwide persecution and mar- persecuted Christians, and initiate a thor- (B) by adding at the end thereof the following tyrdom of Christians persists at alarming ough examination of all United States’ poli- new paragraphs: levels. This is an affront to the international cies that affect persecuted Christians; and ‘‘(3)(A) The Board shall select an index which moral community and to all people of con- (3) encourages the President to proceed for- is a commonly recognized index comprised of science. ward as expeditiously as possible in appoint- common stock the aggregate market value of Whereas in many places throughout the ing a White House Special Advisor on reli- which represents the United States equity mar- world, Christians are restricted in or forbid- gious persecution; and kets excluding the common stocks included in den from practicing their faith, victimized (4) recognizes and applauds a day of prayer the Common Stock Index Investment Fund. by a ‘‘religious apartheid’’ that subjects on Sunday, September 29, 1996, recognizing ‘‘(B) The Small Capitalization Stock Index In- them to inhumane, humiliating treatment, the plight of persecuted Christians world- vestment Fund shall be invested in a portfolio and in certain cases are imprisoned, tor- wide. designed to replicate the performance of the tured, enslaved, or killed; f index in subparagraph (A). The portfolio shall Whereas severe persecution of Christians is be designed such that, to the extent practicable, also occurring in such countries as Sudan, THRIFT SAVINGS INVESTMENT the percentage of the Small Capitalization Stock Cuba, Morocco, Saudi Arabia, China, Paki- FUNDS ACT OF 1996 Index Investment Fund that is invested in each stan, North Korea, Egypt, Laos, Vietnam, stock is the same as the percentage determined and certain countries in the former Soviet Mr. MCCAIN. Mr. President, I ask by dividing the aggregate market value of all Union, to name merely a few; unanimous consent that the Senate shares of that stock by the aggregate market Whereas religious liberty is a universal proceed to the immediate consider- value of all shares of all stocks included in such right explicitly recognized in numerous ation of Calendar No. 412, S. 1080. index. international agreements, including the Uni- The PRESIDING OFFICER. The ‘‘(4)(A) The Board shall select an index which is a commonly recognized index comprised of versal Declaration of Human Rights and the clerk will report. International Covenant on Civil and Polit- stock the aggregate market value of which is a ical Rights; The legislative clerk read as follows: reasonably complete representation of the inter- Whereas Pope John Paul II recently sound- A bill (S. 1080) to amend Chapter 84 of Title national equity markets excluding the United ed a call against regimes that ‘‘practice dis- 5, United States Code, to provide additional States equity markets. crimination against Jews, Christians, and investment funds for the Thrift Savings ‘‘(B) The International Stock Index Invest- other religious groups, going even so far as Plan. ment Fund shall be invested in a portfolio de- to refuse them the right to meet in private The PRESIDING OFFICER. Is there signed to replicate the performance of the index for prayer,’’ declaring that ‘‘this is an intol- objection to the immediate consider- in subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the erable and unjustifiable violation not only of ation of the bill? all the norms of current international law, percentage of the International Stock Index In- but of the most fundamental human free- There being no objection, the Senate vestment Fund that is invested in each stock is dom, that of practicing one’s faith openly,’’ proceeded to consider the bill which the same as the percentage determined by divid- stating that this is for human beings ‘‘their had been reported from the Committee ing the aggregate market value of all shares of reason for living’’; on Governmental Affairs, with an that stock by the aggregate market value of all Whereas the National Association of amendment to strike all after the en- shares of all stocks included in such index.’’. Evangelicals in January 1996 issued a ‘‘State- acting clause and inserting in lieu SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT ment of Conscience and Call to Action,’’ sub- thereof the following: RISK. sequently commended or endorsed by the Section 8439(d) of title 5, United States Code, Southern Baptist Convention, the Executive TITLE I—ADDITIONAL INVESTMENT is amended by striking out ‘‘Each employee, Council of the Episcopal Church, and the FUNDS FOR THE THRIFT SAVINGS PLAN Member, former employee, or former Member General Assembly of the Presbyterian SEC. 101. SHORT TITLE. who elects to invest in the Common Stock Index Church, U.S.A. They pledged to end their This title may be cited as the ‘‘Thrift Savings Investment Fund or the Fixed Income Invest- ‘‘silence in the face of the suffering of all Investment Funds Act of 1996’’. ment Fund described in paragraphs (1) and

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10725 (3),’’ and inserting in lieu thereof ‘‘Each em- ‘‘(3) The Executive Director shall make each (1) in subsection (a)(1)(A)— ployee, Member, former employee, or former transfer elected under paragraph (2) directly to (A) by striking out ‘‘may make an election Member who elects to invest in the Common an eligible retirement plan or plans (as defined under subsection (b)(3) or (b)(4) of section 8433 Stock Index Investment Fund, the Fixed Income in section 402(c)(8) of the Internal Revenue Code of this title or change an election previously Investment Fund, the International Stock Index of 1986) identified by the employee, Member, made under subsection (b)(1) or (b)(2) of such Investment Fund, or the Small Capitalization former employee, or former Member for whom section’’ and inserting in lieu thereof ‘‘may Stock Index Investment Fund, defined in para- the transfer is made. withdraw all or part of a Thrift Savings Fund graphs (1), (3), (5), and (10),’’. ‘‘(4) A transfer may not be made for an em- account under subsection (b) (2), (3), or (4) of SEC. 104. EFFECTIVE DATE. ployee, Member, former employee, or former section 8433 of this title or change a withdrawal This title shall take effect on the date of en- Member under paragraph (2) until the Executive election’’; and actment of this Act, and the Funds established Director receives from that individual the infor- (B) by adding at the end thereof ‘‘A married under this title shall be offered for investment at mation required by the Executive Director spe- employee or Member (or former employee or the earliest practicable election period (described cifically to identify the eligible retirement plan Member) may make a withdrawal from a Thrift in section 8432(b) of title 5, United States Code) or plans to which the transfer is to be made.’’; Savings Fund account under subsection (c)(1) of (2) in subsection (d)— section 8433 of this title only if the employee or as determined by the Executive Director in regu- (A) in paragraph (1) by striking out ‘‘Subject lations. Member (or former employee or Member) satis- to paragraph (3)(A)’’ and inserting in lieu there- fies the requirements of subparagraph (B).’’; TITLE II—THRIFT SAVINGS ACCOUNTS of ‘‘Subject to paragraph (3)’’; (2) in subsection (c)— LIQUIDITY (B) by striking out paragraph (2) and redesig- (A) in paragraph (1)— nating paragraph (3) as paragraph (2); and SEC. 201. SHORT TITLE. (i) by striking out ‘‘An election, change of (C) in paragraph (2) (as redesignated under This title may be cited as the ‘‘Thrift Savings election, or modification of the commencement Plan Act of 1996’’. subparagraph (B) of this paragraph)— (i) in subparagraph (A) by striking out ‘‘(A)’’; date of a deferred annuity’’ and inserting in SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE and lieu thereof ‘‘An election or change of election’’; WITHDRAWALS; DE MINIMUS AC- (ii) by striking out subparagraph (B); and COUNTS; CIVIL SERVICE RETIRE- (ii) by striking out ‘‘modification, or transfer’’ MENT SYSTEM PARTICIPANTS. (3) in subsection (f)(1)— (A) by striking out ‘‘$3,500 or less’’ and insert- and inserting in lieu thereof ‘‘or transfer’’; and Section 8351(b) of title 5, United States Code, ing in lieu thereof ‘‘less than an amount that (B) in paragraph (2) in the matter following is amended— the Executive Director prescribes by regulation; subparagraph (B)(ii) by striking out ‘‘modifica- (1) in paragraph (5)— and tion,’’; (A) in subparagraph (B)— (B) by striking out ‘‘unless the employee or (3) in subsection (e)— (i) by striking out ‘‘An election, change of Member elects, at such time and otherwise in (A) in paragraph (1)— election, or modification (relating to the com- such manner as the Executive Director pre- (i) in subparagraph (A)— mencement date of a deferred annuity)’’ and in- scribes, one of the options available under sub- (I) by inserting ‘‘or withdrawal’’ after ‘‘A serting in lieu thereof ‘‘An election or change of section (b), or’’ and inserting a comma; loan’’; election’’; (4) in subsection (f)(2)— (II) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; (ii) by inserting ‘‘or withdrawal’’ after ‘‘and a (A) by striking out ‘‘February 1’’ and insert- and loan’’; ing in lieu thereof ‘‘April 1’’; (III) by inserting ‘‘or withdrawal’’ after ‘‘such (iii) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; (B) in subparagraph (A)— (iv) by striking out ‘‘the election, change of loan’’; (i) by striking out ‘‘65’’ and inserting in lieu (ii) in subparagraph (B) by inserting ‘‘or election, or modification’’ and inserting in lieu 1 thereof ‘‘70 ⁄2’’; and withdrawal’’ after ‘‘loan’’; and thereof ‘‘the election or change of election’’; and (ii) by inserting ‘‘or’’ after the semicolon; (iii) in subparagraph (C)— (v) by inserting ‘‘or withdrawal’’ after ‘‘for (C) by striking out subparagraph (B); and (I) by inserting ‘‘or withdrawal’’ after ‘‘to a such loan’’; and (D) by redesignating subparagraph (C) as sub- (B) in subparagraph (D)— paragraph (B); loan’’; and (i) by inserting ‘‘or withdrawals’’ after ‘‘of (5) in subsection (g)— (II) by inserting ‘‘or withdrawal’’ after ‘‘for loans’’; and (A) in paragraph (1) by striking out ‘‘after such loan’’; and (ii) by inserting ‘‘or (h)’’ after ‘‘8433(g)’’; and December 31, 1987, and’’; and (B) in paragraph (2)— (2) in paragraph (6)— (B) by striking out paragraph (2) and redesig- (i) by inserting ‘‘or withdrawal’’ after ‘‘loan’’; (A) by striking out ‘‘$3,500 or less’’ and insert- nating paragraphs (3) through (5) as para- and ing in lieu thereof ‘‘less than an amount that graphs (2) through (4), respectively; and (ii) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’; the Executive Director prescribes by regula- (6) by adding after subsection (g) the fol- and tion’’; and lowing new subsection: (4) in subsection (g)— (B) by striking out ‘‘unless the employee or ‘‘(h)(1) An employee or Member may apply, (A) by inserting ‘‘or withdrawals’’ after Member elects, at such time and otherwise in before separation, to the Board for permission to ‘‘loans’’; and such manner as the Executive Director pre- withdraw an amount from the employee’s or (B) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’. scribes, one of the options available under sub- Member’s account based upon— SEC. 205. DE MINIMUS ACCOUNTS RELATING TO ‘‘(A) the employee or Member having attained THE JUDICIARY. section (b)’’. 1 age 59 ⁄2; or (a) JUSTICES AND JUDGES.—Section 8440a(b)(7) SEC. 203. IN-SERVICE WITHDRAWALS; WITH- ‘‘(B) financial hardship. DRAWAL ELECTIONS, FEDERAL EM- of title 5, United States Code, is amended— ‘‘(2) A withdrawal under paragraph (1)(A) (1) by striking out ‘‘$3,500 or less’’ and insert- PLOYEES RETIREMENT SYSTEM PAR- shall be available to each eligible participant TICIPANTS. ing in lieu thereof ‘‘less than an amount that one time only. (a) IN GENERAL.—Section 8433 of title 5, the Executive Director prescribes by regula- ‘‘(3) A withdrawal under paragraph (1)(B) United States Code, is amended— tion’’; and shall be available only for an amount not ex- (1) by striking out subsections (b) and (c) and (2) by striking out ‘‘unless the justice or judge ceeding the value of that portion of such ac- inserting in lieu thereof the following: elects, at such time and otherwise in such man- count which is attributable to contributions ‘‘(b) Subject to section 8435 of this title, any ner as the Executive Director prescribes, one of made by the employee or Member under section employee or Member who separates from Gov- the options available under section 8433(b)’’. 8432(a) of this title. (b) BANKRUPTCY JUDGES AND MAGISTRATES.— ernment employment is entitled and may elect to ‘‘(4) Withdrawals under paragraph (1) shall Section 8440b(b) of title 5, United States Code, is withdraw from the Thrift Savings Fund the bal- be subject to such other conditions as the Execu- amended— ance of the employee’s or Member’s account as— tive Director may prescribe by regulation. ‘‘(1) an annuity; ‘‘(5) A withdrawal may not be made under (1) in paragraph (7) in the first sentence by ‘‘(2) a single payment; this subsection unless the requirements of sec- inserting ‘‘of the distribution’’ after ‘‘equal to ‘‘(3) 2 or more substantially equal payments to tion 8435(e) of this title are satisfied.’’. the amount’’; and be made not less frequently than annually; or (b) INVALIDITY OF CERTAIN PRIOR ELEC- (2) in paragraph (8)— ‘‘(4) any combination of payments as provided TIONS.—Any election made under section (A) by striking out ‘‘$3,500 or less’’ and insert- under paragraphs (1) through (3) as the Execu- 8433(b)(2) of title 5, United States Code (as in ef- ing in lieu thereof ‘‘less than an amount that tive Director may prescribe by regulation. fect before the effective date of this title), with the Executive Director prescribes by regula- ‘‘(c)(1) In addition to the right provided under respect to an annuity which has not commenced tion’’; and subsection (b) to withdraw the balance of the before the implementation date of this title as (B) by striking out ‘‘unless the bankruptcy account, an employee or Member who separates provided by regulation by the Executive Director judge or magistrate elects, at such time and oth- from Government service and who has not made in accordance with section 207 of this title, shall erwise in such manner as the Executive Director a withdrawal under subsection (h)(1)(A) may be invalid. prescribes, one of the options available under make one withdrawal of any amount as a single subsection (b)’’. SEC. 204. SURVIVOR ANNUITIES FOR FORMER payment in accordance with subsection (b)(2) SPOUSES; NOTICE TO FEDERAL EM- (c) FEDERAL CLAIMS JUDGES.—Section 8440c(b) from the employee’s or Member’s account. PLOYEES RETIREMENT SYSTEM of title 5, United States Code, is amended— ‘‘(2) An employee or Member may request that SPOUSES FOR IN-SERVICE WITH- (1) in paragraph (7) in the first sentence by the amount withdrawn from the Thrift Savings DRAWALS. inserting ‘‘of the distribution’’ after ‘‘equal to Fund in accordance with subsection (b)(2) be Section 8435 of title 5, United States Code, is the amount’’; and transferred to an eligible retirement plan. amended— (2) in paragraph (8)—

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10726 CONGRESSIONAL RECORD — SENATE September 17, 1996 (A) by striking out ‘‘$3,500 or less’’ and insert- S. 1080 national Stock Index Investment Fund that ing in lieu thereof ‘‘less than an amount that Be it enacted by the Senate and House of Rep- is invested in each stock is the same as the the Executive Director prescribes by regula- resentatives of the United States of America in percentage determined by dividing the ag- tion’’; and Congress assembled, gregate market value of all shares of that (B) by striking out ‘‘unless the judge elects, at TITLE I—ADDITIONAL INVESTMENT stock by the aggregate market value of all such time and otherwise in such manner as the FUNDS FOR THE THRIFT SAVINGS PLAN shares of all stocks included in such index.’’. Executive Director prescribes, one of the options SEC. 101. SHORT TITLE. SEC. 103. ACKNOWLEDGEMENT OF INVESTMENT available under section 8433(b)’’. This title may be cited as the ‘‘Thrift Sav- RISK. SEC. 206. DEFINITION OF BASIC PAY. ings Investment Funds Act of 1996’’. Section 8439(d) of title 5, United States (a) IN GENERAL.—(1) Section 8401(4) of title 5, Code, is amended by striking out ‘‘Each em- SEC. 102. ADDITIONAL INVESTMENT FUNDS FOR United States Code, is amended by striking out THE THRIFT SAVINGS PLAN. ployee, Member, former employee, or former ‘‘except as provided in subchapter III of this Section 8438 of title 5, United States Code, Member who elects to invest in the Common chapter,’’. is amended— Stock Index Investment Fund or the Fixed (2) Section 8431 of title 5, United States Code, (1) in subsection (a)— Income Investment Fund described in para- is repealed. (A) by redesignating paragraphs (5) graphs (1) and (3),’’ and inserting in lieu (b) TECHNICAL AND CONFORMING AMEND- through (8) as paragraphs (6) through (9), re- thereof ‘‘Each employee, Member, former MENTS.—(1) The table of sections for chapter 84 spectively; employee, or former Member who elects to of title 5, United States Code, is amended by (B) by inserting after paragraph (4) the fol- invest in the Common Stock Index Invest- striking out the item relating to section 8431. lowing new paragraph: ment Fund, the Fixed Income Investment (2) Section 5545a(h)(2)(A) of title 5, United ‘‘(5) the term ‘International Stock Index Fund, the International Stock Index Invest- States Code, is amended by striking out ‘‘8431,’’. Investment Fund’ means the International ment Fund, or the Small Capitalization (3) Section 615(f) of the Treasury, Postal Serv- Stock Index Investment Fund established Stock Index Investment Fund, defined in ice, and General Government Appropriations under subsection (b)(1)(E);’’; paragraphs (1), (3), (5), and (10),’’. Act, 1996 (Public Law 104–52; 109 Stat. 500; 5 (C) in paragraph (8) (as redesignated by SEC. 104. EFFECTIVE DATE. U.S.C. 5343 note) is amended by striking out subparagraph (A) of this paragraph) by strik- This title shall take effect on the date of ‘‘section 8431 of title 5, United States Code,’’. ing out ‘‘and’’ at the end thereof; enactment of this Act, and the Funds estab- SEC. 207. EFFECTIVE DATE. (D) in paragraph (9) (as redesignated by lished under this title shall be offered for in- This title shall take effect on the date of the subparagraph (A) of this paragraph)— vestment at the earliest practicable election enactment of this Act and withdrawals and elec- (i) by striking out ‘‘paragraph (7)(D)’’ in period (described in section 8432(b) of title 5, tions as provided under the amendments made each place it appears and inserting in each United States Code) as determined by the by this title shall be made at the earliest prac- such place ‘‘paragraph (8)(D)’’; and Executive Director in regulations. ticable date as determined by the Executive Di- (ii) by striking out the period and inserting rector in regulations. TITLE II—THRIFT SAVINGS ACCOUNTS in lieu thereof a semicolon and ‘‘and’’; and LIQUIDITY AMENDMENT NO. 5367 (E) by adding at the end thereof the fol- SEC. 201. SHORT TITLE. Mr. MCCAIN. I understand that there lowing new paragraph: This title may be cited as the ‘‘Thrift Sav- is an amendment submitted by Sen- ‘‘(10) the term ‘Small Capitalization Stock ings Plan Act of 1996’’. ators KERREY and PRYOR, and I ask for Index Investment Fund’ means the Small Capitalization Stock Index Investment Fund SEC. 202. NOTICE TO SPOUSES FOR IN-SERVICE its immediate consideration. WITHDRAWALS; DE MINIMUS AC- The PRESIDING OFFICER. The established under subsection (b)(1)(D).’’; and COUNTS; CIVIL SERVICE RETIRE- clerk will report. (2) in subsection (b)— MENT SYSTEM PARTICIPANTS. (A) in paragraph (1)— The legislative clerk read as follows: Section 8351(b) of title 5, United States (i) in subparagraph (B) by striking out Code, is amended— The Senator from Arizona [Mr. MCCAIN], ‘‘and’’ at the end thereof; (1) in paragraph (5)— for Mr. KERREY, for himself and Mr. PRYOR, (ii) in subparagraph (C) by striking out the (A) in subparagraph (B)— proposes an amendment numbered 5367. period and inserting in lieu thereof a semi- (i) by striking out ‘‘An election, change of Mr. FORD. Mr. President, I ask unan- colon; and election, or modification (relating to the imous consent that reading of the (iii) by adding at the end thereof the fol- commencement date of a deferred annuity)’’ amendment be dispensed with. lowing new subparagraphs: and inserting in lieu thereof ‘‘An election or The PRESIDING OFFICER. Without ‘‘(D) a Small Capitalization Stock Index change of election’’; objection, it is so ordered. Investment Fund as provided in paragraph (ii) by inserting ‘‘or withdrawal’’ after (3); and The amendment is as follows: ‘‘and a loan’’; ‘‘(E) an International Stock Index Invest- (iii) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; On page 15, line 2 of the bill, change the ‘‘;’’ ment Fund as provided in paragraph (4).’’; (iv) by striking out ‘‘the election, change to an ‘‘,’’ and add the following: ‘‘and by add- and of election, or modification’’ and inserting in ing at the end of the paragraph the following (B) by adding at the end thereof the fol- lieu thereof ‘‘the election or change of elec- sentence: lowing new paragraphs: tion’’; and ‘‘ ‘Before a loan is issued, the Executive Di- ‘‘(3)(A) The Board shall select an index (v) by inserting ‘‘or withdrawal’’ after ‘‘for rector shall provide in writing the employee which is a commonly recognized index com- such loan’’; and or Member with appropriate information prised of common stock the aggregate mar- (B) in subparagraph (D)— concerning the cost of the loan relative to ket value of which represents the United (i) by inserting ‘‘or withdrawals’’ after ‘‘of other sources of financing, as well as the life- States equity markets excluding the com- loans’’; and time cost of the loan, including the dif- mon stocks included in the Common Stock (ii) by inserting ‘‘or (h)’’ after ‘‘8433(g)’’; ference in interest rates between the funds Index Investment Fund. and offered by the Thrift Savings Fund, and any ‘‘(B) The Small Capitalization Stock Index (2) in paragraph (6)— other effect of such loan on the employee’s Investment Fund shall be invested in a port- (A) by striking out ‘‘$3,500 or less’’ and in- or Members’s final account balance.’’’ folio designed to replicate the performance serting in lieu thereof ‘‘less than an amount Mr. MCCAIN. I ask unanimous con- of the index in subparagraph (A). The port- that the Executive Director prescribes by sent that the amendment be agreed to, folio shall be designed such that, to the ex- regulation’’; and the committee amendment, as amend- tent practicable, the percentage of the Small (B) by striking out ‘‘unless the employee ed, be agreed to, the bill then be Capitalization Stock Index Investment Fund or Member elects, at such time and other- deemed read a third time, passed, the that is invested in each stock is the same as wise in such manner as the Executive Direc- the percentage determined by dividing the tor prescribes, one of the options available amendment to the title be agreed to, aggregate market value of all shares of that the motion to reconsider be laid upon under subsection (b)’’. stock by the aggregate market value of all SEC. 203. IN-SERVICE WITHDRAWALS; WITH- the table, and that any statements re- shares of all stocks included in such index. DRAWAL ELECTIONS, FEDERAL EM- lating to the bill be placed at appro- ‘‘(4)(A) The Board shall select an index PLOYEES RETIREMENT SYSTEM PAR- priate place in the RECORD. which is a commonly recognized index com- TICIPANTS. The PRESIDING OFFICER. Without prised of stock the aggregate market value (a) IN GENERAL.—Section 8433 of title 5, objection, it is so ordered. of which is a reasonably complete represen- United States Code, is amended— The amendment (No. 5367) was agreed tation of the international equity markets (1) by striking out subsections (b) and (c) to. excluding the United States equity markets. and inserting in lieu thereof the following: ‘‘(B) The International Stock Index Invest- ‘‘(b) Subject to section 8435 of this title, The committee amendment in the ment Fund shall be invested in a portfolio any employee or Member who separates from nature of a substitute, as amended, was designed to replicate the performance of the Government employment is entitled and agreed to. index in subparagraph (A). The portfolio may elect to withdraw from the Thrift Sav- The bill was deemed read the third shall be designed such that, to the extent ings Fund the balance of the employee’s or time, and passed, as follows: practicable, the percentage of the Inter- Member’s account as—

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 17, 1996 CONGRESSIONAL RECORD — SENATE S10727 ‘‘(1) an annuity; ‘‘(h)(1) An employee or Member may apply, (ii) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’; ‘‘(2) a single payment; before separation, to the Board for permis- and ‘‘(3) 2 or more substantially equal pay- sion to withdraw an amount from the em- (4) in subsection (g)— ments to be made not less frequently than ployee’s or Member’s account based upon— (A) by inserting ‘‘or withdrawals’’ after annually; or ‘‘(A) the employee or Member having at- ‘‘loans’’; and ‘‘(4) any combination of payments as pro- tained age 591⁄2; or (B) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’. vided under paragraphs (1) through (3) as the ‘‘(B) financial hardship. SEC. 205. DE MINIMUS ACCOUNTS RELATING TO Executive Director may prescribe by regula- ‘‘(2) A withdrawal under paragraph (1)(A) THE JUDICIARY. tion. shall be available to each eligible participant (a) JUSTICES AND JUDGES.—Section ‘‘(c)(1) In addition to the right provided one time only. 8440a(b)(7) of title 5, United States Code, is under subsection (b) to withdraw the balance ‘‘(3) A withdrawal under paragraph (1)(B) amended— of the account, an employee or Member who shall be available only for an amount not ex- (1) by striking out ‘‘$3,500 or less’’ and in- separates from Government service and who ceeding the value of that portion of such ac- serting in lieu thereof ‘‘less than an amount has not made a withdrawal under subsection count which is attributable to contributions that the Executive Director prescribes by made by the employee or Member under sec- (h)(1)(A) may make one withdrawal of any regulation’’; and tion 8432(a) of this title. amount as a single payment in accordance (2) by striking out ‘‘unless the justice or with subsection (b)(2) from the employee’s or ‘‘(4) Withdrawals under paragraph (1) shall be subject to such other conditions as the judge elects, at such time and otherwise in Member’s account. such manner as the Executive Director pre- ‘‘(2) An employee or Member may request Executive Director may prescribe by regula- scribes, one of the options available under that the amount withdrawn from the Thrift tion. section 8433(b)’’. Savings Fund in accordance with subsection ‘‘(5) A withdrawal may not be made under (b) BANKRUPTCY JUDGES AND MAG- (b)(2) be transferred to an eligible retirement this subsection unless the requirements of ISTRATES.—Section 8440b(b) of title 5, United plan. section 8435(e) of this title are satisfied.’’. ‘‘(3) The Executive Director shall make (b) INVALIDITY OF CERTAIN PRIOR ELEC- States Code, is amended— each transfer elected under paragraph (2) di- TIONS.—Any election made under section (1) in paragraph (7) in the first sentence by rectly to an eligible retirement plan or plans 8433(b)(2) of title 5, United States Code (as in inserting ‘‘of the distribution’’ after ‘‘equal (as defined in section 402(c)(8) of the Internal effect before the effective date of this title), to the amount’’; and Revenue Code of 1986) identified by the em- with respect to an annuity which has not (2) in paragraph (8)— ployee, Member, former employee, or former commenced before the implementation date (A) by striking out ‘‘$3,500 or less’’ and in- Member for whom the transfer is made. of this title as provided by regulation by the serting in lieu thereof ‘‘less than an amount ‘‘(4) A transfer may not be made for an em- Executive Director in accordance with sec- that the Executive Director prescribes by ployee, Member, former employee, or former tion 207 of this title, shall be invalid. regulation’’; and Member under paragraph (2) until the Execu- SEC. 204. SURVIVOR ANNUITIES FOR FORMER (B) by striking out ‘‘unless the bankruptcy tive Director receives from that individual SPOUSES; NOTICE TO FEDERAL EM- judge or magistrate elects, at such time and the information required by the Executive PLOYEES RETIREMENT SYSTEM otherwise in such manner as the Executive Director specifically to identify the eligible SPOUSES FOR IN-SERVICE WITH- Director prescribes, one of the options avail- DRAWALS. retirement plan or plans to which the trans- able under subsection (b)’’. Section 8435 of title 5, United States Code, fer is to be made.’’; (c) FEDERAL CLAIMS JUDGES.—Section is amended— (2) in subsection (d)— 8440c(b) of title 5, United States Code, is (1) in subsection (a)(1)(A)— (A) in paragraph (1) by striking out ‘‘Sub- amended— (A) by striking out ‘‘may make an election ject to paragraph (3)(A)’’ and inserting in (1) in paragraph (7) in the first sentence by under subsection (b)(3) or (b)(4) of section lieu thereof ‘‘Subject to paragraph (3)’’; inserting ‘‘of the distribution’’ after ‘‘equal 8433 of this title or change an election pre- (B) by striking out paragraph (2) and redes- to the amount’’; and viously made under subsection (b)(1) or (b)(2) ignating paragraph (3) as paragraph (2); and (2) in paragraph (8)— of such section’’ and inserting in lieu thereof (C) in paragraph (2) (as redesignated under (A) by striking out ‘‘$3,500 or less’’ and in- ‘‘may withdraw all or part of a Thrift Sav- subparagraph (B) of this paragraph)— ings Fund account under subsection (b) (2), serting in lieu thereof ‘‘less than an amount (i) in subparagraph (A) by striking out (3), or (4) of section 8433 of this title or that the Executive Director prescribes by ‘‘(A)’’; and change a withdrawal election’’; and regulation’’; and (ii) by striking out subparagraph (B); (B) by adding at the end thereof ‘‘A mar- (B) by striking out ‘‘unless the judge (3) in subsection (f)(1)— ried employee or Member (or former em- elects, at such time and otherwise in such (A) by striking out ‘‘$3,500 or less’’ and in- ployee or Member) may make a withdrawal manner as the Executive Director prescribes, serting in lieu thereof ‘‘less than an amount from a Thrift Savings Fund account under one of the options available under section that the Executive Director prescribes by 8433(b)’’. regulation; and subsection (c)(1) of section 8433 of this title only if the employee or Member (or former SEC. 206. DEFINITION OF BASIC PAY. (B) by striking out ‘‘unless the employee (a) IN GENERAL.—(1) Section 8401(4) of title or Member elects, at such time and other- employee or Member) satisfies the requirements of subparagraph (B).’’; 5, United States Code, is amended by strik- wise in such manner as the Executive Direc- ing out ‘‘except as provided in subchapter III tor prescribes, one of the options available (2) in subsection (c)— (A) in paragraph (1)— of this chapter,’’. under subsection (b), or’’ and inserting a (2) Section 8431 of title 5, United States comma; (i) by striking out ‘‘An election, change of election, or modification of the commence- Code, is repealed. (4) in subsection (f)(2)— (b) TECHNICAL AND CONFORMING AMEND- ment date of a deferred annuity’’ and insert- (A) by striking out ‘‘February 1’’ and in- MENTS.—(1) The table of sections for chapter ing in lieu thereof ‘‘An election or change of serting in lieu thereof ‘‘April 1’’; 84 of title 5, United States Code, is amended election’’; and (B) in subparagraph (A)— by striking out the item relating to section (ii) by striking out ‘‘modification, or trans- (i) by striking out ‘‘65’’ and inserting in 8431. 1 fer’’ and inserting in lieu thereof ‘‘or trans- lieu thereof ‘‘70 ⁄2’’; and (2) Section 5545a(h)(2)(A) of title 5, United fer’’; and (ii) by inserting ‘‘or’’ after the semicolon; States Code, is amended by striking out (B) in paragraph (2) in the matter following (C) by striking out subparagraph (B); and ‘‘8431,’’. (D) by redesignating subparagraph (C) as subparagraph (B)(ii) by striking out ‘‘modi- (3) Section 615(f) of the Treasury, Postal subparagraph (B); fication,’’; Service, and General Government Appropria- (5) in subsection (g)— (3) in subsection (e)— tions Act, 1996 (Public Law 104–52; 109 Stat. (A) in paragraph (1) by striking out ‘‘after (A) in paragraph (1)— 500; 5 U.S.C. 5343 note) is amended by strik- December 31, 1987, and’’, and by adding at the (i) in subparagraph (A)— ing out ‘‘section 8431 of title 5, United States end of the paragraph the following sentence: (I) by inserting ‘‘or withdrawal’’ after ‘‘A Code,’’. loan’’; ‘‘Before a loan is issued, the Executive Direc- SEC. 207. EFFECTIVE DATE. (II) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; tor shall provide in writing the employee or This title shall take effect on the date of and Member with appropriate information con- the enactment of this Act and withdrawals (III) by inserting ‘‘or withdrawal’’ after cerning the cost of the loan relative to other and elections as provided under the amend- ‘‘such loan’’; sources of financing, as well as the lifetime ments made by this title shall be made at (ii) in subparagraph (B) by inserting ‘‘or cost of the loan, including the difference in the earliest practicable date as determined withdrawal’’ after ‘‘loan’’; and interest rates between the funds offered by by the Executive Director in regulations. the Thrift Savings Fund, and any other ef- (iii) in subparagraph (C)— fect of such loan on the employee’s or Mem- (I) by inserting ‘‘or withdrawal’’ after ‘‘to The title was amended so as to read: ber’s final account balance.’’; and a loan’’; and A bill to amend chapters 83 and 84 of title (B) by striking out paragraph (2) and redes- (II) by inserting ‘‘or withdrawal’’ after ‘‘for 5, United States Code, to provide additional ignating paragraphs (3) through (5) as para- such loan’’; and investment funds for the Thrift Savings graphs (2) through (4), respectively; and (B) in paragraph (2)— Plan, to permit employees to gain additional (6) by adding after subsection (g) the fol- (i) by inserting ‘‘or withdrawal’’ after liquidity in their Thrift Savings Accounts, lowing new subsection: ‘‘loan’’; and and for other purposes.

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10728 CONGRESSIONAL RECORD — SENATE September 17, 1996 TECHNICAL CORRECTION IN THE ing hour be deemed to have expired, work out something equally divided ENROLLMENT OF H.R. 3060 and the time for the two leaders be re- here, but I am not in a position to Mr. MCCAIN. Mr. President, I ask served for their use later in the day, agree. unanimous consent that the Senate and that there then be a period for Mr. MCCAIN. I understand. I thank proceed to the immediate consider- morning business until the hour of 11 my colleague from Kentucky. a.m., with the first 45 minutes under ation of House Concurrent Resolution f 211 which is at the desk. the control of Senator HUTCHISON and the last 45 minutes under the control of The PRESIDING OFFICER. The ADJOURNMENT UNTIL 9:30 A.M. clerk will report. Senator DASCHLE or his designee. The PRESIDING OFFICER. Without TOMORROW The legislative clerk read as follows: objection, it is so ordered. The PRESIDING OFFICER. Under A concurrent resolution (H. Con. Res. 211) the previous order, the Senate will directing the Clerk of the House of Rep- f stand adjourned until 9:30 a.m., Sep- resentatives to make a technical correction PROGRAM in the enrollment of the bill H.R. 3060. tember 18, 1996. Mr. MCCAIN. On Wednesday, fol- Thereupon, the Senate, at 9:35 p.m., The PRESIDING OFFICER. Is there lowing morning business, the Senate adjourned until Wednesday, September objection to the immediate consider- will resume the FAA bill and the pend- 18, 1996, at 9:30 a.m. ation of the concurrent resolution? ing Chafee amendment. A vote is ex- There being no objection, the Senate pected after a brief period of debate in f proceeded to consider the concurrent relation to the Chafee amendment. resolution. Following the passage of the FAA bill, NOMINATIONS Mr. MCCAIN. I ask unanimous con- it will be the intention of the majority Executive nominations received by sent the resolution be agreed to, the leader to turn to the Transportation the Senate September 17, 1996: motion to reconsider be laid on the appropriations conference report. Also, EUROPEAN BANK FOR RECONSTRUCTION AND table, and any statements relating to the Senate can be expected to turn to DEVELOPMENT the resolution be placed at the appro- the Magnuson Fisheries Act under a KAREN SHEPHERD, OF UTAH, TO BE U.S. DIRECTOR OF priate place in the RECORD. previous unanimous consent agree- THE EUROPEAN BANK FOR RECONSTRUCTION AND DE- The PRESIDING OFFICER. Without ment. Therefore, votes can be expected VELOPMENT, VICE LEE F. JACKSON. objection, it is so ordered. to occur after the hour of 11 a.m. on NATIONAL FOUNDATION ON THE ARTS AND The concurrent resolution (H. Con. Wednesday and throughout the day. HUMANITIES Res. 211) was agreed to. Mr. President, I would like to inform LORRAINE WEISS FRANK, OF ARIZONA, TO BE A MEM- BER OF THE NATIONAL COUNCIL ON THE HUMANITIES f my colleague from Kentucky, I did get FOR A TERM EXPIRING JANUARY 26, 2002, VICE MAR- a time agreement from Senator CHAFEE GARET P. DUCKETT, TERM EXPIRED. ORDERS FOR WEDNESDAY, on his amendment. I forgot to mention MORRIS K. UDALL SCHOLARSHIP AND EXCEL- SEPTEMBER 18, 1996 it to him. And Senator CHAFEE said he LENCE IN NATIONAL ENVIRONMENTAL POLICY Mr. MCCAIN. Mr. President, I ask would need 15 minutes. I told him that FOUNDATION unanimous consent that when the Sen- we would probably only need 5. D. MICHAEL RAPPOPORT, OF ARIZONA, TO BE A MEM- ate completes its business today, it BER OF THE BOARD OF TRUSTEES OF THE MORRIS K. Is that agreeable to the Senator from UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL stand in adjournment until the hour of Kentucky or will we need more? ENVIRONMENTAL POLICY FOUNDATION FOR A TERM EX- 9:30 a.m. on Wednesday, September 18; Mr. FORD. I do not need any person- PIRING OCTOBER 6, 2002. (REAPPOINTMENT) RONALD KENT BURTON, OF VIRGINIA, TO BE A MEMBER further, that immediately following ally. There will be opposition to the OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL the prayer, the Journal of proceedings Senator, and I have not gotten a time SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- MENTAL POLICY FOUNDATION FOR A TERM EXPIRING be deemed approved to date, the morn- agreement on that. I am sure we can OCTOBER 6, 2002. (REAPPOINTMENT)

VerDate Aug 31 2005 04:10 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S17SE6.REC S17SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS