September 4, 2001 CONGRESSIONAL RECORD—SENATE 16259 SENATE—Tuesday, September 4, 2001

The Senate met at 10 a.m. and was U.S. SENATE, and finish the business we have yet to called to order by the Honorable HARRY PRESIDENT PRO TEMPORE, do. There is a lot of it, of course. I have REID, a Senator from the State of Ne- Washington, DC, September 4, 2001. read from time to time that we have vada. To the Senate: been on vacation. I have to tell you, it Under the provisions of rule I, paragraph 3, is scarcely a vacation. All of us spend PRAYER of the Standing Rules of the Senate, I hereby appoint the Honorable HARRY REID, a Sen- this time, as we should, traveling in The Chaplain, Dr. Lloyd John ator from the State of Nevada, to perform our States and visiting with the people Ogilvie, offered the following prayer: the duties of the Chair. we represent. Frankly, it is a real Gracious Father, You are the source ROBERT C. BYRD, pleasure and honor to travel about Wy- of strength when we trust You, the President pro tempore. oming this time of year. It is impor- source of courage when we ask for Your Mr. REID thereupon assumed the tant that we reflect on what we have help, the source of hope when we won- chair as Acting President pro tempore. heard, some of the issues laid before us, der if we can make a difference, the f some of the notions of the people at source of peace in the stresses and home. After all, it is our responsibility RESERVATION OF LEADER TIME strains of applying truth to the forma- to be here to represent those people. tion of public policy. Bless the Sen- The PRESIDING OFFICER (Mr. DUR- There are a number of things we all ators as they return from the August BIN). Under the previous order, the hear about and hear about repeatedly recess to a heavy and demanding fall leadership time is reserved. while we are in our States. One of them schedule of the ongoing challenges and f is the tax issue, the idea of tax reduc- opportunities in this 107th Congress. MORNING BUSINESS tion, and specifically the returns that Help them to reaffirm the basic abso- have been made during this period of lutes of faithfulness and obedience to The PRESIDING OFFICER. Under time. Many people have received their You: Remind them that they are here the previous order, there will now be a $600 or $300. I heard a great deal about by Your permission; rekindle in them a period for the transaction of morning that. I heard a great deal of praise and holy passion for social righteousness; business not to extend beyond the hour support for tax relief, having an oppor- restore a profound patriotism for this of 11 a.m. with Senators permitted to tunity to receive those dollars that Nation You have blessed so magnifi- speak for up to 10 minutes. Under the were deemed to be surplus. They were cently; and refract the eyes of their previous order, the time until 10:30 not dollars that belonged to Wash- minds to see Your plan for America a.m. shall be under the control of the ington; they were dollars that belonged spelled out in the specifics of the legis- Senator from Wyoming, Mr. THOMAS, to the taxpayers. lation to be debated and decided in or his designee. I heard that quite often. Frankly, I these next weeks. f was very pleased to hear that and also We ask for Your encouraging pres- RECOGNITION OF THE ACTING to share the belief that the return of ence and enabling power for TOM MAJORITY LEADER tax dollars certainly is appropriate in a DASCHLE and TRENT LOTT, HARRY REID time of a slowing-down economy. and DON NICKLES as they exemplify The PRESIDING OFFICER. The Sen- We also hear a great deal about budg- greatness in cooperative leadership of ator from Nevada. ets. Most people do understand that, the Senate. All of us—Senators, offi- depending on your point of view about cers, and the over 6,000 people who the size of government and the involve- SCHEDULE form the Senate family—humble our- ment of government, sticking to budg- selves to receive Your inspiration and Mr. REID. Mr. President, today the ets is a very important issue. Of dedicate our work to serve You as the Senate will be in a period of morning course, it is very significant now as we only sovereign of this land. business until 11 a.m. as has been an- enter into this last month. We are sup- We express our profound sympathy to nounced by the Chair. At 11 a.m. today, posed to pass all the appropriations the family of former House of Rep- the Senate will begin consideration of bills and come up with next year’s resentatives Chaplain, James Ford. S. 149, the Export Administration Act. spending outline during these next sev- Comfort and bless them in this time of There will be at least one rollcall vote eral weeks. That is a relatively short grief and loss. You are our only Lord today that will occur at 5 p.m. time to do that. and Saviour. ORDER FOR RECESS The majority of people I spoke with Amen. I ask unanimous consent that the re- said: You passed a budget; stay with f cess scheduled for 12:30 to 2:15 p.m. the budget and a 4 percent increase, PLEDGE OF ALLEGIANCE today be vitiated and the Senate recess which is a reasonable increase; stay tomorrow, Wednesday, September 15, with it. Of course, that is not what we The Honorable HARRY REID led the from 12:30 to 2:15 p.m. for the weekly have done over the last number of Pledge of Allegiance, as follows: party conferences. years. I think that shows a good deal of I pledge allegiance to the Flag of the knowledge about what is happening. United States of America, and to the Repub- The PRESIDING OFFICER. Without lic for which it stands, one nation under God, objection, it is so ordered. In Wyoming, where we are involved indivisible, with liberty and justice for all. The Senator from Wyoming. in the production of energy, whether it f Mr. THOMAS. Mr. President, I re- be gas or oil or coal, there is a great quest the opportunity to speak in deal of interest in energy policy. That APPOINTMENT OF ACTING morning business. is something we have not had for a PRESIDENT PRO TEMPORE The PRESIDING OFFICER. The Sen- very long time. The President set one The PRESIDING OFFICER. The ator is recognized. forth and, as a matter of fact, the clerk will please read a communication f House has passed an energy bill. We to the Senate from the President pro have not. It is one of the issues that THE SENATE AGENDA tempore (Mr. BYRD). ought to be a priority. The folks at The assistant legislative clerk read Mr. THOMAS. Mr. President, all of us home indicated to me it ought to be a the following letter: are pleased to be back, able to go on priority.

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

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.000 S04SE1 16260 CONGRESSIONAL RECORD—SENATE September 4, 2001 When we first started talking about before us, I think that is a mistake. I Besides, the budget surplus really has energy 6 or 8 months ago, California think we are going to see some of that. no impact on the trust funds. It has was undergoing an energy shortage. It Certainly, there are different views been that way over the years. We have certainly seemed that it was a crisis. about how we go forward. There is no to pay down a historic amount of pub- Then we got over that a little bit; some question about that. Some in this licly held debt and work to foster eco- of the gas prices began to go down body, of course, want more govern- nomic growth. That is one of the ways some, although they are coming back ment. Some want more spending. Some to do that. up again now, but the problem still re- are very sorry about tax relief because I see my friend from Iowa is here. mains. We have not resolved the energy it may reduce the spending. I urge setting those issues before us problem at all. I hope that will be a I have to tell you that I think we and moving to resolve them in a fash- high priority for us during these clos- really ought to stay within the budget ion that is best for this country. ing weeks. Some of us had hoped it we passed, which is about a 4-percent I yield the floor. would have been a priority before now, increase. I hope we don’t go back to f but it has not been. Now I think it is last year’s history and increase it by 14 clear it needs to be. or 15 percent. I think that is a mistake. MEASURE PLACED ON THE One of the other things I heard a Certainly, things are a little different CALENDAR—H.R. 4 great deal about, which I suppose is a now when we are faced with this slow- The PRESIDING OFFICER. The Sen- little different in a State such as Wyo- ing of the economy. ator from Nevada is recognized. ming where 50 percent of the State be- Speaking of the political issue, back Mr. REID. Mr. President, I under- longs to the Federal Government, is in April, for example, there was a lot of stand there is a bill at the desk due for that this administration has indicated talk about tax relief. There was a Dem- its second reading. and is beginning to demonstrate that ocrat amendment to increase the The PRESIDING OFFICER. The they are willing and anxious to have amount of tax relief to $85 billion. It clerk will report. more local input into the decisions was defeated by 94 to 6. In July there The Legislative clerk read as follows: that affect public land and affect the was another Democrat amendment A bill (H.R. 4) to enhance energy conserva- people who live by and depend on pub- that would repeal the immediate tax tion, research and development and to pro- lic land. That is not saying it is going rebate. It failed 91 to 3. vide for security and diversity in the energy to protect the environment. It says The idea that there is now an effort supply for the American people, and for that each area, each park, and each to move some responsibility to the other purposes. forest is unique, and to try to set na- White House for added tax reduction Mr. REID. Mr. President, I ask unan- tionwide standards from Washington, and so on is just not the case. It is just imous consent that there be no further as has been done in the recent past, is a political kind of issue. We hear all proceedings at this time on this bill. not a workable situation. Our folks are kinds of political views in the Senate, The PRESIDING OFFICER. Without very pleased about that. and various Senators on the other side objection, it is so ordered. The bill will Finally, I will take a moment to say, of the aisle have said it should have be placed on the calendar. as someone who feels some responsi- been larger and kicked in sooner. Some The Senator from Iowa is recognized. bility, that I like the idea that we are are using radio programs to say to (The remarks of Mr. GRASSLEY per- paying down the debt. That is good. their constituents that this was a great taining to the introduction of S. 1397 We have a number of things to do. thing to do. Indeed, it was. are located in today’s RECORD under Certainly this whole business of appro- We are going to have a lot of talk ‘‘Statements on Introduced Bills and priations needs to be done. about the surplus, of course, and about Joint Resolutions.’’) I have already mentioned energy. the differences between OMB and the The PRESIDING OFFICER. The Sen- I hope we are able to work some more Congressional Budget Office. The fact ator from Wyoming. on simplifying and making Medicare a is that both sets of figures show that Mr. THOMAS. How much time do we little more workable and putting phar- this is the second largest surplus in have remaining? maceuticals into it. We are working on history. It is. The new numbers, of The PRESIDING OFFICER. Seven that, of course, in the Finance Com- course, really say that what is most minutes twenty seconds. mittee, and we will continue to do so. important is that we do not have irre- f There are dollars in the budget to do sponsible spending. If we can follow the ENERGY POLICY those things. budget we passed and say that is what Education: We need to complete our we want to do, then we will be in good Mr. THOMAS. Mr. President, I want work on education, of course. Some- shape. to expand a little bit on the question of times it seems the only solution to The President’s budget protects So- energy policy. As I mentioned before, education is the dollars. Dollars are cial Security and Medicare. Besides, there certainly have been some necessary, but dollars alone do not the surplus, frankly, has no impact on changes in the California situation. work. We need to have some account- those trust funds. The President’s pri- There have been some changes ability. We need to have some local orities are to protect Social Security throughout the country in gas prices control. and Medicare. We are going to improve and other kinds of energy prices. They In any event, I think we have some Medicare to help seniors. We are going are not significant changes and, indeed, real challenges before us and an oppor- to work on that. now we see them moving back again. tunity to accomplish them. Frankly, I We are paying down a good deal of The point we do not want to overlook am a little discouraged about what I publicly held debt. Sometimes we have is that when we had what we called an read and hear—that we are entering to review what happens to a surplus. If energy crisis 6 or 8 months ago, we had into a time when many people, particu- we use it to pay down publicly held a problem; and the problem basically, larly I think on the other side of the debt, then debts are created for the of course, was that demand was grow- aisle, are more interested in developing various programs under the trust ing but supply was not. We had a prob- issues for their upcoming campaigns funds. That is the way it works. It is lem in terms of the amount of refining than they are in solving the problems. the only place to put the money to capacity in this country. It had not I hope that is not the case. We are try- have a return on the money that is grown for a very long time. The same ing to, of course, work towards mid- there and meeting the needs that are was true with electric generation. term, which becomes very political, a set forth. We overcame that problem largely, I little more than a year from now. Poli- I hope we can hold the political rhet- suppose, because, among other things, ticking is fine, issues are fine, but oric to a minimum and deal with the winter was over and some of the refin- when a political issue becomes more real issues and the fact that we have eries that had to make fuel oil for New important than resolving the problem the second largest surplus in history. England had changed their production.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16261 But the fact is, the problem is still modity. It does not have to be tied to largest surplus in the history of the there. We do need an energy policy. any particular area. But what is the se- country. They failed to mention the I urge that we do move forward. The cret to making that work? More trans- surplus is all Social Security surplus. President has put forth a policy—and portation. More transmission. Of course, we have a surplus because much of it is incorporated in what has If you cannot move energy from the Social Security is not something that passed in the House—that I think place it is developed and manufactured is funded as we go along. We forward makes a lot of sense. It includes con- to where the markets are, of course, fund Social Security. We have huge servation, having some opportunities then that is part of the problem. The amounts of money coming into the So- for conservation in the usage of energy. main source in the West for coal and cial Security trust fund today that we There are many things we could do in gas has been the Mountain States area: are not paying out. That is the way it that area. We can do it as individuals Wyoming, Montana, Colorado, and New was planned in 1983 when there was a and we can do it as governments and Mexico. But in order to get it to the compromise reached by Tip O’Neill, still continue to be productive. Con- market, you have to have transmission Ronald Reagan, Claude Pepper, and a servation should be part of our energy capacity, particularly if you have mine few others. So people, including the plan. There are many groups that be- mouth which is very efficient. So these President of the United States, who lieve conservation is very important. are issues that need to be dealt with in talk about this huge surplus are not One of the other areas of energy pol- terms of an energy policy. being fair to the American public. icy has to do with renewable energy. One of the issues in terms of trans- We do not have a surplus. The surplus We have renewables that are growing. mission capacity is to have a nation- is a Social Security surplus. The econ- We have wind energy, hydroenergy, and wide grid so electric power can be omy is in a tremendous downturn. This other kinds of energy that I suppose moved across the country and can be country’s tax revenues are signifi- have potential for the future. Outside moved into the RTOs, the regional cantly lower than they have been in a of hydro, renewables now represent transmission organizations, and be- long time. We have had 8 years where about 1 percent of our total energy come an efficient transmitter of en- we have brought down the debt. usage, but, nevertheless, we ought to ergy. We can, in fact, do that. In fact, the 1993 budget deficit reduc- be doing something in that area. To do I believe there needs to be an empha- tion act, passed in the House without a that, of course, we need research and sis on this energy question between single Republican vote, passed in the research dollars. now and the time we adjourn so we can Senate without a single Republican Our committee has already dealt get into the field and begin to make vote—Vice President Gore had to break with research, but there needs to be a some difference in terms of where our the tie—put this country on a road to considerable amount of research in the energy sources are coming from so we economic stability. We have 300,000 whole area of conservation, of renew- can continue to have reasonably priced fewer Federal jobs than we had in 1993. ables, of how to have more efficient energy in order to fuel an economy We have a surplus that we have never production with less impact on the en- that we would like to have, which obvi- had before. And that is as a result of vironment. So that is a very real part ously is necessary in order to do that. the efforts of President Clinton and his of energy research. So I am hopeful that as we set our Democratic colleagues in the House Then, of course, the real key is pro- priorities for where we go we will in- and the Senate. duction. We have allowed ourselves in clude that in the very near future. We We have experienced inflation lower the energy production field to become have talked about it a great deal. I than it has been in some 40-odd years. dependent on OPEC. Nearly 60 percent think actually in a lot of ways there We have done remarkably good things of our energy resources now come from isn’t a lot of controversy. There has with the economy, created 24 million overseas. When they change their been controversy, of course, in relation new jobs, in the 8 years it took us to do views, or when things happen over in to having access to public lands and that. It has been 8 months that this ad- those countries, it impacts our econ- the idea of protecting the environment ministration has been in office, and omy and our society. which has to go with energy develop- they have taken this away from us, in We need to have an opportunity to ment. effect. Social Security surplus moneys increase production and to do it with Some have used ANWR up in the were once used to mask the Federal diversity so we can use various kinds of north region as a poster child for not deficit. We stopped doing that. But now energy, which includes coal. Part of getting into public lands. The fact is, the second Bush Presidency is using the research is to make coal even more the House-passed provision is 2,000 Social Security surpluses to again clean in terms of the air. We need to acres out of 19 million that would be mask this deficit. have diversity in terms of using gas, accessible for a footprint. So we are I can’t imagine how anyone can come coal, nuclear, oil, and renewables so we pretty close to some agreements on on the floor and say with a straight do not find ourselves becoming depend- how we can set this country forward in face that we have the second largest ent on one source. terms of a source and an opportunity surplus in the history of the country, Unfortunately, the plans that were to have affordable energy. unless they are candid and say that it sort of underway for having additional Mr. President, I yield the floor. is as a result of the Social Security generating plants almost all had to do The PRESIDING OFFICER. The Sen- surplus. That is what it is all about. I with natural gas. Natural gas is a good ator from Nevada. hope my friend from Illinois has an op- source of energy, but our largest en- Mr. REID. Mr. President, I have an- portunity today; I know he has some ergy resource is coal. If we can con- other subject upon which I am going to things to say about this. tinue to make coal even more clean, speak. I do want to make a couple of But let’s also talk about energy pol- why, certainly that is a source of en- comments on the statements made by icy. One of the biggest robberies in the ergy that ought to be used for genera- my friend, the distinguished Senator history of this country took place in tion. from Wyoming. Congress the last week that the House Also, we have not built generation This last couple weeks has been was in session when they passed the en- plants for a very long time. Part of the somewhat troublesome to me because ergy bill. The reason I say it was a rob- reason for that is because of the uncer- we have all been spread around the bery is because people who voted for tainty of some reregulation and ideas country not able to respond to the that bill thought that they had limited that are out there. In the past, when President who, of course, has the abil- the drilling in ANWR to 2,000 acres. utilities served a particular area, they ity to speak from any place in the That is a big diversion from the truth. produced and generated the electricity. world. What has concerned me a great The fact is, they now allow them to That was a pretty simple arrangement. deal is the President and his Director have 2,000 acres of oil derricks all over Now we find more people looking at of Budget Mitch Daniels talking about the Arctic national wilderness. That is generation as a marketable com- this great surplus we have, the second what they would allow, 2,000 acres of

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.000 S04SE1 16262 CONGRESSIONAL RECORD—SENATE September 4, 2001 equipment. This could cover 150,000, tracted my attention? He gave speech- very good that the police won’t be 200,000 acres of pristine wilderness. es around the country and in Congress watching when we drive through an There are some of us who believe so on the need for police officers to have intersection a little too late. Nevadans strongly about this drilling in the Arc- more scientific equipment to keep up have paid a high price for this dare- tic national wilderness that we will do with the more scientific criminals. I devil driving. Las Vegas ranks 12th in just about anything to stop it from thought this was intriguing. I thought the Nation in deaths attributed to mo- happening. We are not going to let it was true. Having been a prosecutor torists running red lights. them drill in the Arctic wilderness. We and having been a defense attorney, I I can’t help but think that Las Vegas are not going to let them pull this recognized that was true. streets, as well as streets nationwide, phony situation where they say we are I was able as a defense attorney to do would be a lot safer if there were con- only going to drill on 2,000 acres when, a lot of things to really hinder the sequences for running red lights. What in fact, the legislation states that they process. That was part of my job. And if there were a traffic officer at every are going to allow oil equipment on because we were more in tune with intersection, all 1,000 intersections 2,000 acres. modern scientific things we could hold where there are red lights in Las We don’t have a surplus. We are not up warrants and all kinds of things. Vegas? Let’s say there was a traffic of- going to allow drilling in ANWR. But we have gotten more modern. We ficer, or at least that were a possi- f have electronic warrants that are now bility. The District of Columbia found available. We have video arraignments out that they can do that. In 1999—and RED LIGHT CAMERAS for people charged with crimes. We I have spoken to the chief as late as Mr. REID. Mr. President, when I first have SWAT teams, special weapons this morning—the District began using got out of law school, I had a part-time people who come in and in a special sit- cameras to catch motorists running job. I was a city attorney for the city uation can really go into a building, red lights. Thirty other districts in the of Henderson. Henderson at the time which is safer for the people in the country have similar laws. was a suburb of Las Vegas and a rel- neighborhood. These people are experts For those unfamiliar with photo en- atively small community. Now, by Ne- at getting into buildings. They are ex- forcement, most use cameras after the vada standards, it is a large city, the perts at negotiating with people. light has turned red. A photo of the in- second largest city in Nevada, ap- As I speak, there is a situation going fraction or violation is taken and later proaching about 250,000 people. on since the weekend. In Michigan, one mailed to the red light runner or the When I was city attorney, one of the person has been killed. There is an- address that corresponds to the license things I did was prosecute people con- other person negotiating in this com- plate. victed of misdemeanors, but one of the pound. These are experts that are doing With the stepped up enforcement, big jobs I had was prosecuting drunk the negotiating. In effect, we have be- motorists in the District of Columbia drivers. Prosecuting drunk drivers was come more modern. We are doing a bet- running red lights may have saved a very difficult because a police officer ter job of law enforcement. We are minute or two, but they have not been would stop somebody and say: OK, put doing a better job keeping up with the getting away with it. Since the Dis- your finger to your nose, walk on the criminal element. That is why I want trict began using cameras, the number line—all these things they had people to bring to the Senate’s attention the of motorists running red lights—I do who were suspected of drunk driv- promise of something I think is in talked to the chief this morning—is ing. They would come in and the per- keeping with what I believe is the di- down 57 percent from 1999, when they son charged would say: I hadn’t had rection law enforcement should go. were installed. They don’t have them anything to drink; I don’t know why I That is photo enforcement of traffic at all intersections, but drivers think was arrested. And the police officer laws. they might. So people running red would say: His eyes were bloodshot; I Each year there are about 2,000 lights has dropped almost 60 percent. could smell liquor on his breath. It was deaths and probably about 250,000 inju- Think of the people who are not in a factual issue as to whether or not ries in crashes involving motorists who wheelchairs. Think of the people who that person had been drinking. ignore red lights. More than half of have not had to go to the hospital. After I was city attorney, along came these deaths are pedestrians or pas- Think of the lives saved as a result. In some new procedures. You could sengers in other vehicles who are hit a report released in April of this year, breathe into a piece of equipment and by these people who run the red lights. the Insurance Institute for Highway it would determine how much alcohol Between 1992 and 1998, about 1.5 million Safety state that camera enforcement was in your system or an even more people were injured in these accidents. has changed drivers’ behavior and may sure-fire way was blood alcohol tests. It is easy for us to talk about injuries have prevented collisions and injury in That way the driver was protected. The as compared to deaths; maybe they had car accidents. That is a no-brainer. The driver was protected because the driver a broken arm, maybe a whiplash. But number of crashes at intersections no longer had to depend on some police lots of these people are confined to with traffic signals has dropped. Front- officer who may have been mad at him, wheelchairs. Lots of these people are end and side injury collisions, most may have had some personal grudge injured irreparably. They have been commonly associated with red light with him, may have not liked the kind hurt so bad their life is never going to running, fell as well. of car he was driving or the color of his be the same, as a result of people try- Most surprising is that drivers’ be- skin. Now this person driving could ing to save the second or two running havior changed throughout the city, have a blood test administered and a red light. and not just at intersections with cam- show that he was not drinking or they We have all witnessed it. Probably, eras. Even though only 39 of the Dis- could breathe into a balloon and a we have truthfully all run a red light trict of Columbia’s signals were breathometer would tell whether or or two. The signal changes to yellow equipped with cameras—the red not he had anything to drink—sci- and vehicles continue to pass through lights—traffic violations have dropped entific advancements to protect not the intersection with little hesitation. at all city intersections. Enforcement only the accused but also to protect The light turns red and one or two is changing the way the residents the State. more cars blow past in a hurry, speed- drive. They are better off for it. We all When I decided to run for Congress at ing through intersections until the last are. the beginning of the 1980s, one of the possible second. Unfortunately, experi- Nationwide, there have been signifi- people who I recognized was doing ence has taught us that we can get cantly fewer front-end and side colli- some really good things for many years away with it. sions following the introduction of was a Congressman from New York by For example, there are about a thou- camera enforcement. Nine States have the name of James Scheuer. What had sand intersections with traffic signals either granted use of cameras state- Congressman Scheuer done that at- in the greater Las Vegas area. Odds are wide or are allowing them. The data

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16263 makes a compelling case for wide- orities. Photo enforcement supports a collision with a law-abiding driver about to spread cameras. Photo enforcement of this priority in a way that is constitu- set off in harm’s way. traffic laws helps catch and identify tionally effective and proven free of EDS, which markets the system as CrossingGuard—admittedly, not as catchy as lawbreakers and serves as a deterrent bias. Drunkometer—is considering offering police for reckless drivers. I want those 30 jurisdictions, includ- departments the ability to post video clips The sad truth is that most drivers ing the chief in the District of Colum- on the Web. The ticket that is mailed out obey traffic laws not because they will bia, to know I am going to do what I would include a Web address and password; prevent crashes or save lives—although can to support his position and not go the recipient could have a look and judge the that is what some say—but because off on some side issue or side street wisdom of contesting on epistemological they believe there is a real chance they issue saying this is ‘‘big brother’’ or grounds what can be seen plainly in beau- tiful, living color. might be caught and fined. That is why that Orwellians are coming after us. What if the culprit was a friend to whom everybody slows down when a police There is a lot of agreement in the you loaned the car? The systems can be set car is nearby. When enforcement is country, not the least of which was a up to capture the faces of drivers as well as present, accidents fall. very fine editorial in the U.S. News and license plates; the degree of intrusion is de- I am sorry to report that in its 1999 World Report of September 3 of this termined by requirements of varying state session the Nevada Legislature passed year written by Randall E. Stoss, laws. What makes the most sense is the ap- a bill banning the use of cameras to en- ‘‘Choose Life Over Liberty.’’ I ask proach taken by New York: ‘‘Owner liabil- ity’’ allows the state to treat red-light run- force traffic laws, citing concern over unanimous consent that the article be ning like a parking citation, which makes government intrusion. printed in the RECORD. registered owners responsible regardless of On this date, I am writing a letter to There being no objection, the article who actually drives. The American Civil Lib- the State of Nevada, along with the was ordered to be printed in the erties Union dropped its opposition to the majority leader of the Senate, telling RECORD, as follows: red-light cameras with the proviso that the cameras be trained only on the license them to reconsider that. I hope they [From U.S. News & World Report, Sept. 3, do. I think it is wrong. I think the leg- plates. 2001] Armey’s opposition to the cameras places islators in Nevada and all around the CHOOSE LIFE OVER LIBERTY him somewhere off to the left of the ACLU. country should take a second look at RED-LIGHT CAMERAS IN DICK ARMEY’S SIGHTS He is also taking on a small 2,700-member the promise this technology holds, if (By Randall E. Stross) group that may not have a lot of political for no other reason than the powerless weight in Armey’s Washington, but never- lobbying organization that believes In police work, machines have increasingly theless carries a lot of credibility on this supplanted the vagaries of human judgment, strongly in this. issue: the American Trauma Society, com- and I say, Amen! Beginning in the 1930s with posed of emergency-room personnel. They What is this lobbying organization the pioneering Drunkometer, followed by the that has very little power? It is called would like to have fewer ‘‘customers,’’ and Intoximeter, Alcometer, and the point to studies that show cameras reduce the American Trauma Society. I am Breathalyzer, impartial mechanical devices violations by 40 percent. sure the Presiding Officer has met with have indirectly saved countless lives. The data collected by the cameras might them. I have gone to their facilities Today, another kind of gadget records ob- be used for purposes other than tracking and seen the people who have had these jectively and averts future accidents: red- reckless drivers—‘‘mission creep,’’ in the terrible head injuries. Most are traffic light cameras installed at intersections to ACLU’s phrasing—and this is a legitimate automatically record and ticket violators. related; many are people having run concern. But a distinction is easily drawn: House Majority Leader Dick Armey is up in Using cameras activated only when a traffic red lights. arms, however, assailing the camera as an law is broken—good; deploying police cam- On this issue, the American Trauma ‘‘unthinking machine’’ that has usurped po- eras in public spaces in order to scan in the Society, composed of emergency room lice officers in the performance of their ‘‘tra- faces of unsuspecting passersby—bad. personnel, would like to have fewer ditional duties.’’ Armey would have us believe that the po- customers, and they point to studies When Armey says that the answer to red- lice departments that use red-light cameras that cameras reduce violations by 40 light violations is ‘‘putting cops on the are not interested in reducing accidents but percent. beat,’’ is that meant in the truly traditional in maximizing traffic-ticket revenue. His The American Civil Liberties Union, sense of walking the beat? Even if granted evidence, however, consists of nothing more dispensation to use unthinking machines than listing the number of tickets issued by which opposes a lot of things, dropped with wheels—automobiles—police officers various departments and the sums collected. its opposition to red light cameras be- giving physical chase to red-light-running New York City, for example, sent out 400,000 cause they recognize there is a limit drivers must run the light, too. With 1 mil- tickets to red-light runners last year, a truly even to what they can go to. They be- lion crashes at intersections each year, caus- astounding number. Contrarily, the same lieve this is something that helps keep ing 250,000 injuries and 2,000 deaths, the car- facts can be read as powerful evidence of the highways safe. With a million crashes nage is bad enough now. magnitude of the problem. at intersections each year, causing As a former professor of economics, Armey In Armey’s home state, the legislature has twice rejected proposals to use red-light 250,000 injuries and 2,000 deaths, the surely is capable of grasping the concept of productivity gains that follow automation. cameras statewide. But Garland, Texas, is carnage is very bad. When he gravely intones that ‘‘police officers about to go ahead with cameras anyhow. Why do I raise this issue? Because belong on the streets and in the community, That the House majority leader, an out- changing driver behavior in a meaning- not in remote control booths,’’ he is spoken opponent of government interven- ful way will save lives. Studies show demagoguing. The cameras are activated tionism, is attempting to interfere in a local that more than 90 percent of Ameri- automatically by sensors embedded in the safety program strikes Garland’s city’s at- cans believe red light running is dan- road, capturing in a single frame the car’s li- torney as ironic. Armey believes the so-called crisis is gerous. The vast majority of citizens cense plate, presence in the intersection, and the color of the traffic light. The evidence is solved simply by lengthening yellow-light and law enforcement officials support signals. His reasoning is more Orwellian the use of photo enforcement to stop incontrovertible, wonderfully so if you’d like to see the incidence of death and mayhem than the cameras. War is peace, and now red red light running. Some may not agree. decline, and maddeningly so if you believe is to be yellow. They say this is ‘‘big brother.’’ that a traffic light’s signal is best left to you The PRESIDING OFFICER. The Sen- Going back to when I was city attor- alone to interpret. ator from North Dakota is recognized. ney, we needed modern law enforce- Video on demand. The newest generation f ment methods to keep up with crimi- of ‘‘unthinking machines’’ that Armey de- nals and also those accused. It doesn’t tests are actually doing considerable think- CONGRESS FACES CHALLENGING matter whether it is cop or a camera; ing on their own. Digital video systems use TIMES it is getting caught that counts. There software to tract the progress of approaching Mr. DORGAN. Mr. President, the vehicles and predict whether the driver will are consequences for breaking traffic stop for the red light. If it appears likely Congress will now reconvene following laws. Ensuring the safety and well- that the driver is going to motor through, the August recess. We face some chal- being of America’s families and neigh- the system will extend the red light shown lenging and difficult times, especially borhoods should be one of our top pri- to the cross traffic, removing the chance of dealing with fiscal policy.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.000 S04SE1 16264 CONGRESSIONAL RECORD—SENATE September 4, 2001 I noted this weekend on some of the When Mr. Mitch Daniels, the head of trust fund and use it for other pur- news shows that Bush administration OMB, says we have the second largest poses. I hope the administration and spokesperson, Mitch Daniels, who surplus in history, what he is saying is, the Congress will hold firm and say, heads the Office of Management and by the way, we have these surplus keep your hands off those trust funds. Budget, made the following observa- funds in the Social Security trust fund They do not belong to the Government. tions about our fiscal situation. He and we view them as surplus. The mod- They belong to the American people. said, ‘‘We have the second largest sur- erator on ‘‘Meet the Press’’ said, well, They are the ones who paid those plus in U.S. history. We are awash in but these are trust funds, are they not? taxes, and they were the ones who were cash.’’ He used the term ‘‘awash in Are they not dedicated to Social Secu- told it was going to be put in a trust money.’’ And then he seemed to say: rity? Mr. Daniels said, well, yes, but fund. The word ‘‘trust’’ ought to mean Well, there is not a problem here be- they are not really dedicated to Social something. cause we have this very large surplus. Security. I will comment on another issue. I think it is interesting to note that Well, that is new. The message ought This weekend I was enormously dis- the economy in this country is weak. It to be, keep your hands off these trust mayed to see press reports in the New has softened substantially. That which funds, to everybody: The administra- York Times and the Washington Post was expected to have been in surplus tion, the Congress, keep your hands off on the subject of national missile de- just months ago has now evaporated. these trust funds. They do not belong fense and the potential buildup of of- The Office of Management and Budget to you. fensive nuclear weapons in China. The and the Congressional Budget Office It is not the Government’s money. It New York Times headline said: The both acknowledge that the surplus is is money that came out of workers’ U.S. will drop objections to China’s largely gone. When Mitch Daniels uses paychecks to be put in a trust fund for missile buildup: strategy meant to ease the term ‘‘surplus’’ and says we are their future. And we will need that Beijing’s concern about plans for a ‘‘awash’’ in money and we have the sec- when the baby boomers retire and put weapons shield. According to the reports, the U.S. ond biggest surplus in history, what is a maximum strain on the Social Secu- will tell China that it will not object to he talking about? He is talking about rity system. That is precisely why we a missile buildup by that country. It the Social Security trust fund. He is are accruing surpluses at this point. It says, ‘‘The Bush administration seek- doing it pretty much the same way is not for the purpose of Mr. Daniels or ing to overcome Chinese opposition to others to say that we have this huge that Charles Krauthammer, a col- its missile defense program intends to surplus of funds and look at the great umnist for the Washington Post, has tell leaders in Beijing it has no objec- done it. He wrote ‘‘no lock, no box,’’ shape we are in. If a business said, by tions to the country’s plans to build up talking about a lockbox for Social Se- the way, we made a huge profit last its small fleet of nuclear missiles.’’ It curity trust funds. Robert Novak, a year but only if you consider the pen- also says, ‘‘One senior official said that columnist for the Sun Times, wrote a sion funds of our employees, people in the future the United States and column that says, ‘‘Don’t believe the would say, are you crazy? You cannot China might also discuss resuming un- Dem scare tactics.’’ In effect, Mr. consider pension funds as part of your derground nuclear tests.’’ Novak said all of this notion about a profit, and yet that is exactly what Let me ask a question: Does anyone Social Security trust fund issue is some people are trying to tell us. think this will be a safer and more se- bogus. Will Rogers once said: When there is cure world if we say it does not matter George Will weighed in with essen- no place left to spit, you either have to whether China builds more offensive tially the same message. What are they swallow your tobacco juice or change nuclear weapons? Does anyone believe talking about? Mr. Novak says that with the times. Well, there is no place it enhances world security and makes Senator CONRAD, my colleague from left, and we have to change. this a safer place in which to live if we North Dakota, and I are effectively de- Four months ago we were told there give a green light to China and tell ceiving people about this. was going to be a surplus of $125 billion that country that it does not matter to Let’s look at this for a moment. above the Social Security accounts. us, you just go ahead and build up a Workers in this country, when they get That is all gone. It has evaporated. It huge nuclear arsenal? It defies all com- their paycheck, discovers something is does not exist anymore. The question mon sense. We ought to be the world taken out of that, which is called So- for the President and Congress, both leader in trying to convince countries cial Security taxes. They are told it is Republicans and Democrats, is how do not to build up their nuclear arsenals, going to go into a trust fund. This you reconcile all of these interests and to reduce rather than increase their money taken out for Social Security needs with the current situation? nuclear arsenals. We ought to be the isn’t taken out for the purpose of pay- The President wants $18 billion addi- world’s leader in saying not only stop ing for the Defense Department, or tional spending for defense. The sur- nuclear testing, which we did a long paying for air traffic controllers, or plus that would be used to pay for that while ago, but to have everyone, in- paying for a farm program, or paying does not exist at this point. It seems to cluding this country, subscribe to the for food inspection; it is taken out of me the President is going to have to Comprehensive Nuclear Test-Ban Trea- the paycheck and the worker is told come to Congress, Mr. Daniels, Mr. ty. this goes into a Social Security trust Rumsfeld, and others, and say here is Regrettably, this Senate turned down fund. The word ‘‘trust’’ is used in the the plan by which we are going to pay that treaty almost two years ago. How- trust fund because it is a trust fund in for that. That plan ought not include ever, this country still needs to be a the classic sense. That trust fund in- using the Social Security trust fund. leader to stop the spread of nuclear vests its money in Government securi- I say to my conservative friends who weapons. We need to be a leader in a ties. write these columns that you do a real way that helps persuade other coun- The trust fund exists; it is real. If Mr. disservice, in my judgment, to the tries not to build an offensive nuclear Novak, for example, purchases a U.S. facts when you suggest that that which threat. Some people, including myself, Government savings bond for his we take out of workers’ paychecks to think that is just daft for our country grandson next Christmas, I hope he be put in a trust fund does not really to say we would like to spend tens and will not tell his grandson what he is exist in the trust fund. That is not tens of billions of dollars—some say telling readers, that somehow the sav- true. The fact is, it forces national sav- the current proposal would be about $60 ings bond he purchased has no value, ings if we have a fiscal policy that rec- billion, other people say it would be that there is nothing there and the se- ognizes these trust funds for the pur- well over $100 billion—to build a na- curity is meaningless. I hope he will pose they were collected in the first in- tional missile defense system and in not tell his grandson that. We ought stance. order to do so we will say to China, by not tell the American workers that, ei- Now we have a lot of people who are the way, you go right ahead and build ther. poised to get their mitts into that up your offensive nuclear capabilities.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16265 What on Earth could we be thinking The assistant legislative clerk pro- the Clinton administration. We finally of? We need to push in the opposite di- ceeded to call the roll. came out of that dark veil and now we rection. We need to say to China and Mr. DORGAN. Mr. President, I ask are in a position to enjoy the surplus. Russia and others, which are part of unanimous consent that the order for The President who was elected last the nuclear club in this world, that we the quorum call be rescinded. November, President George Bush, said want to build down, not up. We do not The PRESIDING OFFICER. Without the surpluses give an opportunity to want to see an increase in offensive nu- objection, it is so ordered. enact a massive tax cut, one of the clear weapons. The Senator from Nevada. largest tax cuts in our history. Many This is exactly what many of us have f members of his party, as well as a few feared, by the way. The discussion on this side of the aisle, joined with the ORDER OF PROCEDURE about abandoning the ABM Treaty, President to enact this tax cut, believ- which has been the center pole of the Mr. REED. Mr. President, I ask unan- ing that the surpluses were virtually as tent for arms control and arms reduc- imous consent that the Senator from far as the eye could see. Why not take tions, the abandonment of that which Illinois be recognized for up to 10 min- this extra money in Washington and is being proposed by the White House utes as in morning business, and if the give it back to the people of the United and some of their friends in Congress, Republicans wish 10 minutes of morn- States? The logic was simple. It seemed is a substantial retreat from this coun- ing business following, I have no objec- so clear. try’s responsibility to be a leader in tion to that. Some Members believed that caution trying to stop and reduce the threat of The PRESIDING OFFICER. Without was the guide to which we should turn. nuclear war. objection, it is so ordered. Instead of spending a possible surplus, Is it really going to provide more se- The Senator from Illinois is recog- we should wait to see if the American curity and more safety for this world if nized. economy would recover strongly, and the administration says we do not care f how quickly, and whether it would gen- erate a surplus, and before we com- about an ABM Treaty, we will just BUDGET SURPLUS abandon it and not care about the con- mitted the possible future surplus, we sequences. Or if the administration Mr. DURBIN. Mr. President, most of ought to take care, lest we find our- says we do not care if our building a us are returning today for the first selves in a deficit situation. We return in the first few days of national missile defense system of time since the August recess. It was a September of the year 2001 to find some type if it leads Russia to stop period of time when we had a chance to President Bush’s tax cut, in addition to cutting its nuclear forces and if it leads spend a little vacation time with our families, and I was happy to be part of the state of the American economy, China to have an offensive nuclear has cost the projected surplus which weapons buildup. Does it matter to us? that process and to be reunited with my extended family and have a great the President said we would have. We It sure does. find ourselves knocking on the door, Since the dismantlement of the So- time. It was also a time to be back in without that surplus, going back into, viet Union well over a decade ago now, our States to travel around, to listen and to hear what is on the minds of the if not a deficit, the situation where we there have been really just two major have to go to trust funds in order to nuclear superpowers. There were two people we represent, and for a few of us a chance to perhaps take a few days to pay for the ordinary expenses of Gov- nuclear superpowers involved in the ernment. Which trust funds? The larg- cold war, us and the Soviets. Now we go overseas and to be part of the global dialog which comes with this job as est—Medicare and Social Security. In a alone and the country of Russia have short period of time—just a few much as our dialog with the people we very substantial nuclear capability. It months—with this new President we represent. is estimated there are over 30,000 nu- have gone from the euphoria of sur- In these past 4 weeks, we have been clear weapons in the arsenal of both pluses to now worrying over whether or busy and most of us have enjoyed it, countries, 30,000 nuclear weapons. We not we are going to endanger the So- but now we are back to work. We come need to be reducing the threat of nu- cial Security trust fund. It tells you we back to work with additional informa- clear war. We need to be building down have come very far very fast. and reducing the stockpile of nuclear tion and more views on the issues that The tax rebates that many people weapons. We ought not as a country be we are about to debate. What a dif- have received in the last few weeks of saying it does not matter much to us ference a month has made. Many of us $300 and $600 are welcome to many fam- whether China builds up its offensive did not believe in this short period of ilies who need to buy supplies for kids nuclear weapon capability. It sure time there could be such a turn of for- to go back to school this week, or ought to matter to us. It will be a sig- tune as we have seen occur with the re- clothing, or to pay off some of the nificant part of our future if we allow cent report on the status of surpluses debts they might have. It does not ap- that to happen. in our Federal budget. pear at this moment it will show any I hope we can have an aggressive dis- It was not that long ago we were deep great impact on the economy. A gen- cussion on this subject in the coming in red ink in Washington with deficits eral tax cut that helps lower and mid- month or so. This country ought to in every direction. We saw ourselves dle-income families is one I have sup- care very much about whether the building up a national debt to $5.7 tril- ported. I believe, as many do, that we country of China is going to increase lion, a national mortgage which we should be very careful in how much of and build up its offensive nuclear capa- still shoulder, a burden which we carry, this projected surplus we dedicate to bility. This country ought to care a and our children and grandchildren are that tax cut until we are certain we great deal about that, and this coun- likely to carry as well. have it in hand. try’s policy ought not be giving a green The good news, of course, starting in During the campaign, President Bush light to other countries to say we do 1993 we began to turn the corner on and many Members of Congress said not mind. We should not be saying: that debt with an expanding positive that when we reached the tough times You let us build a national missile de- economy, with the creation of jobs and in the future, one area would be sacred: fense, and we will just say you go right new businesses, profits to build up re- We would not reach into the Social Se- ahead and increase your stockpile of tirement accounts. People were mak- curity trust fund to fund the ordinary nuclear weapons. That is a policy that ing more money and paying taxes, pro- expenses of Government. President will not create a safer world, in my viding more revenue to the Govern- Bush, much like his father, who said, judgment. ment. We found ourselves in a surplus ‘‘Read my lips, no new taxes,’’ pro- Mr. President, I yield the floor, and I situation. We were exalting after so nounced during the course of his cam- suggest the absence of a quorum. many years and years of deficits under paign that as President he would not The PRESIDING OFFICER (Mr. President Reagan, President George raid the Social Security nor the Medi- REED). The clerk will call the roll. Bush, and then for the first few years care trust fund. Now we find ourselves

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.000 S04SE1 16266 CONGRESSIONAL RECORD—SENATE September 4, 2001 perilously close to that situation after kind of pressure. How do we take care concede the obvious. The Bush budget just a few months into the new Presi- of our national needs, whether it is the and the Bush tax policy were things dency. Department of Defense saying they that, frankly, should have been put off Many of the conservative Republican need more modern weaponry to protect until we were certain of the surpluses writers are saying: Why are you wor- the United States or whether it is the we would have. Now we know those ried about a Social Security trust needs of public education? The Presi- surpluses do not exist. fund? It is not that important. I think dent said he would be an education It is time for us to come together on we know better. Those who notice President; he would find a bipartisan a bipartisan basis to rewrite this budg- every time we receive a paycheck there way to deal with it. And now we have et to meet our Nation’s priorities and is more and more money taken out for a bill languishing in the conference protect the Social Security and Medi- Social Security have asked some hard committee because we have not come care trust funds. questions. What is this all about? It is up with the funds to pay for education. I yield the floor. to shore up a surplus in Social Security If you believe, as I do, that education The PRESIDING OFFICER. The Sen- to protect the future, the need for So- is critical to the future of this country, ator from Nevada. cial Security benefits for baby boomers we certainly should invest in it. But Mr. REID. Mr. President, I suggest and others. If we reach into that Social President Bush’s decisions on tax cuts the absence of a quorum. Security trust fund to take that money and other budget priorities have The PRESIDING OFFICER. The out now, it could endanger the liquid- pushed us in a corner where precious clerk will call the roll. ity and solvency of Social Security in few funds are available for the high pri- The legislative clerk proceeded to years to come. That is irresponsible. It orities. call the roll. is wrong. We shouldn’t be in this pre- The same is true on prescription Mr. SARBANES. Mr. President, I ask dicament. drugs under Medicare. Most promised unanimous consent the order for the Many of the conservative writers who we would work for a prescription drug quorum call be dispensed with. say not to worry about protecting the benefit under Medicare—universal, vol- The PRESIDING OFFICER. Without Social Security trust fund do not have untary—to help seniors pay for pre- objection, it is so ordered. much passion for Social Security any- scriptions, and now we find because of f way. These are people who have criti- the Bush budget and the Bush tax cut cized it in years gone by as a big gov- that we have very few dollars available CONCLUSION OF MORNING ernment scheme taking too much to even dedicate to a bipartisan na- BUSINESS money, one that we ought to change so tional priority. f people could invest in the stock mar- The same thing is true on energy pol- The PRESIDING OFFICER. Morning ket without much concern about the icy. Just a few months ago, President business is closed. impact on those who are relying on it. Bush sent a message which said we Some 40 million Americans rely on So- ought to do something about our de- f cial Security. It is a major source of in- pendence on foreign energy sources, so EXPORT ADMINISTRATION ACT OF come for many. We should not take it let’s invest more money in research to 2001 lightly. find alternative fuels, sustainable en- The PRESIDING OFFICER. Under We are faced with a predicament as ergy, ways to use coal in States such as the previous order, the Senate will now we return: How will we meet the obli- Illinois in an environmentally respon- begin consideration of S. 149, which the gations of Government and the require- sible way. That takes money. We now ments for new spending and do it with- turn to find that President Bush’s clerk will report. out raiding Social Security and the budget and his tax policy have taken The legislative clerk read as follows: Medicare trust fund? The President has those funds off the table. A bill (S. 149) to provide authority to con- said through his spokesman, Mitch The same thing is true when it comes trol exports and for other purposes. Daniels of the Office of Management to the new farm bill. We hoped to have The Senate proceeded to consider the and Budget, that we have the second a new farm bill this fall. I hope we can. bill, which had been reported from the largest surplus in the history of the I have seen in Illinois and across my Committee on Banking, Housing, and United States. He said this publicly, State what has happened to the farm Urban Affairs, with an amendment to and they have said it many times. It is economy over the last 4 or 5 years. If strike all after the enacting clause and part of the George W. Bush administra- we are to have a new farm bill and insert in lieu thereof the following: tion’s ‘‘don’t worry, be happy’’ refrain. dedicate resources to it, the obvious SECTION 1. SHORT TITLE; TABLE OF CONTENTS. I think Americans ought to think question is: Where will they come (a) SHORT TITLE.—This Act may be cited as twice. The second largest surplus in from? the ‘‘Export Administration Act of 2001’’. our history is the Social Security trust When we look at the state of the (b) TABLE OF CONTENTS.—The table of con- fund surplus. It is money dedicated to economy in America today, people are tents of this Act is as follows: Social Security. It is not the general rightfully concerned. The President Sec. 1. Short title; table of contents. revenue of this country to be spent on went to speak to members of labor Sec. 2. Definitions. everything that we might like. It unions yesterday to tell them he felt TITLE I—GENERAL AUTHORITY should be protected. The Republicans their pain, their worry, and their an- Sec. 101. Commerce Control List. come back and say: Wait a minute. In guish over the state of our economy. Sec. 102. Delegation of authority. the deep dark days of the deficits, even But what we need is real leadership Sec. 103. Public information; consultation re- Democratic Congresses spent the So- from the President and from Congress quirements. cial Security trust fund. on a bipartisan basis to come up with a Sec. 104. Right of export. They are correct. And I can say we roadmap and guidelines, so we can re- Sec. 105. Export control advisory committees. Sec. 106. President’s Technology Export Coun- did some very desperate things in those turn to the era of economic growth and cil. years when we were seeing multibil- prosperity. Sec. 107. Prohibition on charging fees. Over a period of 9 years, we saw a lion-dollar deficits, things we vowed we TITLE II—NATIONAL SECURITY EXPORT would never do again when we got into dramatic buildup in the American CONTROLS the era of the surplus. We came to- economy: Over 200 million new jobs, Subtitle A—Authority and Procedures gether on a bipartisan basis with over new businesses, more home ownership 400 votes in the House, a substantial than any time in our history. Now, of Sec. 201. Authority for national security export controls. majority in the Senate, and vowed we course, we see this correction in our Sec. 202. National Security Control List. would never touch the Social Security economy. We have lost a half-million Sec. 203. Country tiers. trust fund once we had surpluses again. jobs this year. Sec. 204. Incorporated parts and components. Here we are, just a few months into In closing, we have an opportunity in Sec. 205. Petition process for modifying export the new administration, facing that the weeks ahead to come together and status.

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Subtitle B—Foreign Availability and Mass- by the Secretary of State pursuant to section (19) UNITED STATES.—The term ‘‘United Market Status 310. States’’ means the States of the United States, Sec. 211. Determination of foreign availability (8) DEPARTMENT.—The term ‘‘Department’’ the District of Columbia, and any common- and mass-market status. means the Department of Commerce. wealth, territory, dependency, or possession of Sec. 212. Presidential set-aside of foreign avail- (9) EXPORT.— the United States, and includes the outer Conti- ability status determination. (A) The term ‘‘export’’ means— nental Shelf, as defined in section 2(a) of the Sec. 213. Presidential set-aside of mass-market (i) an actual shipment, transfer, or trans- Outer Continental Shelf Lands Act (42 U.S.C. status determination. mission of an item out of the United States; 1331(a)). (ii) a transfer to any person of an item either Sec. 214. Office of Technology Evaluation. (20) UNITED STATES PERSON.—The term within the United States or outside of the ‘‘United States person’’ means— TITLE III—FOREIGN POLICY EXPORT United States with the knowledge or intent that (A) any United States citizen, resident, or na- CONTROLS the item will be shipped, transferred, or trans- tional (other than an individual resident outside Sec. 301. Authority for foreign policy export mitted to an unauthorized recipient outside the the United States who is employed by a person controls. United States; or other than a United States person); Sec. 302. Procedures for imposing controls. (iii) a transfer of an item in the United States (B) any domestic concern (including any per- Sec. 303. Criteria for foreign policy export con- to an embassy or affiliate of a country, which manent domestic establishment of any foreign trols. shall be considered an export to that country. concern); and Sec. 304. Presidential report before imposition of (B) The term includes a reexport. (C) any foreign subsidiary or affiliate (includ- control. (10) FOREIGN AVAILABILITY STATUS.—The term ing any permanent foreign establishment) of Sec. 305. Imposition of controls. ‘‘foreign availability status’’ means the status any domestic concern which is controlled in fact Sec. 306. Deferral authority. described in section 211(d)(1). by such domestic concern, as determined under Sec. 307. Review, renewal, and termination. (11) FOREIGN PERSON.—The term ‘‘foreign per- regulations prescribed by the President. Sec. 308. Termination of controls under this son’’ means— TITLE I—GENERAL AUTHORITY title. (A) an individual who is not— SEC. 101. COMMERCE CONTROL LIST. Sec. 309. Compliance with international obliga- (i) a United States citizen; (a) IN GENERAL.—Under such conditions as tions. (ii) an alien lawfully admitted for permanent the Secretary may impose, consistent with the Sec. 310. Designation of countries supporting residence to the United States; or provisions of this Act, the Secretary— international terrorism. (iii) a protected individual as defined in sec- (1) shall establish and maintain a Commerce Sec. 311. Crime control instruments. tion 274B(a)(3) of the Immigration and Nation- ality Act. (8 U.S.C. 1324b(a)(3)); Control List (in this Act referred to as the ‘‘Con- TITLE IV—PROCEDURES FOR EXPORT LI- (B) any corporation, partnership, business as- trol List’’) consisting of items the export of CENSES AND INTERAGENCY DISPUTE sociation, society, trust, organization, or other which are subject to licensing or other author- RESOLUTION nongovernmental entity created or organized ization or requirement; and Sec. 401. Export license procedures. under the laws of a foreign country or that has (2) may require any type of license, or other Sec. 402. Interagency dispute resolution proc- its principal place of business outside the United authorization, including recordkeeping and re- ess. States; and porting, appropriate to the effective and effi- TITLE V—INTERNATIONAL ARRANGE- (C) any governmental entity of a foreign cient implementation of this Act with respect to MENTS; FOREIGN BOYCOTTS; SANC- country. the export of an item on the Control List or oth- TIONS; AND ENFORCEMENT (12) ITEM.— erwise subject to control under title II or III of this Act. Sec. 501. International arrangements. (A) IN GENERAL.—The term ‘‘item’’ means any (b) TYPES OF LICENSE OR OTHER AUTHORIZA- Sec. 502. Foreign boycotts. good, technology, or service. TION.—The types of license or other authoriza- Sec. 503. Penalties. (B) OTHER DEFINITIONS.—In this paragraph: (i) GOOD.—The term ‘‘good’’ means any arti- tion referred to in subsection (a)(2) include the Sec. 504. Missile proliferation control violations. cle, natural or manmade substance, material, following: Sec. 505. Chemical and biological weapons pro- supply or manufactured product, including in- (1) SPECIFIC EXPORTS.—A license that author- liferation sanctions. spection and test equipment, including source izes a specific export. Sec. 506. Enforcement. code, and excluding technical data. (2) MULTIPLE EXPORTS.—A license that au- Sec. 507. Administrative procedure. (ii) TECHNOLOGY.—The term ‘‘technology’’ thorizes multiple exports in lieu of a license for TITLE VI—EXPORT CONTROL AUTHORITY means specific information that is necessary for each export. AND REGULATIONS the development, production, or use of an item, (3) NOTIFICATION IN LIEU OF LICENSE.— A no- Sec. 601. Export control authority and regula- and takes the form of technical data or tech- tification in lieu of a license that authorizes a tions. nical assistance. specific export or multiple exports subject to the Sec. 602. Confidentiality of information. (iii) SERVICE.—The term ‘‘service’’ means any condition that the exporter file with the Depart- ment advance notification of the intent to ex- TITLE VII—MISCELLANEOUS PROVISIONS act of assistance, help or aid. (13) MASS-MARKET STATUS.—The term ‘‘mass- port in accordance with regulations prescribed Sec. 701. Annual report. market status’’ means the status described in by the Secretary. Sec. 702. Technical and conforming amend- section 211(d)(2). (4) LICENSE EXCEPTION.—Authority to export ments. (14) MULTILATERAL EXPORT CONTROL RE- an item on the Control List without prior license Sec. 703. Savings provisions. GIME.—The term ‘‘multilateral export control re- or notification in lieu of a license. SEC. 2. DEFINITIONS. gime’’ means an international agreement or ar- (c) AFTER-MARKET SERVICE AND REPLACE- In this Act: rangement among two or more countries, includ- MENT PARTS.—A license to export an item under (1) AFFILIATE.—The term ‘‘affiliate’’ includes ing the United States, a purpose of which is to this Act shall not be required for an exporter to both governmental entities and commercial enti- coordinate national export control policies of its provide after-market service or replacement ties that are controlled in fact by the govern- members regarding certain tems. The term in- parts in order to replace on a one-for-one basis ment of a country. cludes regimes such as the Australia Group, the parts that were in an item that was lawfully ex- (2) CONTROL OR CONTROLLED.—The terms Wassenaar Arrangement, the Missile Tech- ported from the United States, unless— ‘‘control’’ and ‘‘controlled’’ mean any require- nology Control Regime (MTCR), and the Nu- (1) the Secretary determines that such license ment, condition, authorization, or prohibition clear Suppliers’ Group Dual Use Arrangement. is required to export such parts; or on the export or reexport of an item. (15) NATIONAL SECURITY CONTROL LIST.—The (2) the after-market service or replacement (3) CONTROL LIST.—The term ‘‘Control List’’ term ‘‘National Security Control List’’ means parts would materially enhance the capability means the Commerce Control List established the list established under section 202(a). of an item which was the basis for the item under section 101. (16) PERSON.—The term ‘‘person’’ includes— being controlled. (4) CONTROLLED COUNTRY.—The term ‘‘con- (A) any individual, or partnership, corpora- (d) INCIDENTAL TECHNOLOGY.—A license or trolled country’’ means a country with respect tion, business association, society, trust, organi- other authorization to export an item under this to which exports are controlled under section zation, or any other group created or organized Act includes authorization to export technology 201 or 301. under the laws of a country; and related to the item, if the level of the technology (5) CONTROLLED ITEM.—The term ‘‘controlled (B) any government, or any governmental en- does not exceed the minimum necessary to in- item’’ means an item the export of which is con- tity, including any governmental entity oper- stall, repair, maintain, inspect, operate, or use trolled under this Act. ating as a business enterprise. the item. (6) COUNTRY.—The term ‘‘country’’ means a (17) REEXPORT.—The term ‘‘reexport’’ means (e) REGULATIONS.—The Secretary may pre- sovereign country or an autonomous customs the shipment, transfer, transshipment, or diver- scribe such regulations as are necessary to carry territory. sion of items from one foreign country to an- out the provisions of this Act. (7) COUNTRY SUPPORTING INTERNATIONAL TER- other. SEC. 102. DELEGATION OF AUTHORITY. RORISM.—The term ‘‘country supporting inter- (18) SECRETARY.—The term ‘‘Secretary’’ means (a) IN GENERAL.—Except as provided in sub- national terrorism’’ means a country designated the Secretary of Commerce. section (b) and subject to the provisions of this

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Act, the President may delegate the power, au- (d) CHAIRPERSON.—Each export control advi- weapons of mass destruction, missiles, and other thority, and discretion conferred upon the Presi- sory committee appointed under subsection (a) significant military capabilities, and the means dent by this Act to such departments, agencies, shall elect a chairperson, and shall meet at least to design, test, develop, produce, stockpile, or and officials of the Government as the President every 3 months at the call of the chairperson, use them; and considers appropriate. unless the chairperson determines, in consulta- (C) implementing international treaties or (b) EXCEPTIONS.— tion with the other members of the committee, other agreements or arrangements concerning (1) DELEGATION TO APPOINTEES CONFIRMED BY that such a meeting is not necessary to achieve controls on exports of designated items, reports SENATE.—No authority delegated to the Presi- the purposes of this section. Each such com- on the production, processing, consumption, dent under this Act may be delegated by the mittee shall be terminated after a period of 2 and exports and imports of such items, and com- President to, or exercised by, any official of any years, unless extended by the Secretary for ad- pliance with verification programs. department or agency the head of which is not ditional periods of 2 years each. The Secretary (3) To deter acts of international terrorism. appointed by the President, by and with the ad- shall consult with each such committee on such (c) END USE AND END USER CONTROLS.—Not- vice and consent of the Senate. termination or extension of that committee. withstanding any other provision of this title, (2) OTHER LIMITATIONS.—The President may (e) ACCESS TO INFORMATION.—To facilitate the controls may be imposed, based on the end use not delegate or transfer the President’s power, work of the export control advisory committees or end user, on the export of any item, that authority, or discretion to overrule or modify appointed under subsection (a), the Secretary, could contribute to the proliferation of weapons any recommendation or decision made by the in conjunction with other departments and of mass destruction or the means to deliver Secretary, the Secretary of Defense, or the Sec- agencies participating in the administration of them. retary of State under this Act. this Act, shall disclose to each such committee (d) ENHANCED CONTROLS.— SEC. 103. PUBLIC INFORMATION; CONSULTATION adequate information, consistent with national (1) IN GENERAL.—Notwithstanding any other REQUIREMENTS. security and intelligence sources and methods, provisions of this title, the President may deter- (a) PUBLIC INFORMATION.—The Secretary pertaining to the reasons for the export controls mine that applying the provisions of section 204 shall keep the public fully informed of changes which are in effect or contemplated for the items or 211 with respect to an item on the National in export control policy and procedures insti- or policies for which that committee furnishes Security Control List would constitute a signifi- tuted in conformity with this Act. advice. Information provided by the export con- cant threat to the national security of the (b) CONSULTATION WITH PERSONS AFFECTED.— United States and that such item requires en- The Secretary shall consult regularly with rep- trol advisory committees shall not be subject to hanced control. If the President determines that resentatives of a broad spectrum of enterprises, disclosure under section 552 of title 5, United enhanced control should apply to such item, the labor organizations, and citizens interested in or States Code, and such information shall not be item may be excluded from the provisions of sec- affected by export controls in order to obtain published or disclosed unless the Secretary de- tion 204, section 211, or both, until such time as their views on United States export control pol- termines that the withholding thereof is con- the President shall determine that such en- icy and the foreign availability or mass-market trary to the national interest. hanced control should no longer apply to such status of controlled items. SEC. 106. PRESIDENT’S TECHNOLOGY EXPORT COUNCIL. item. The President may not delegate the au- SEC. 104. RIGHT OF EXPORT. The President may establish a President’s thority provided for in this subsection. No license or other authorization to export (2) REPORT TO CONGRESS.—The President shall may be required under this Act, or under regula- Technology Export Council to advise the Presi- dent on the implementation, operation, and ef- promptly report any determination described in tions issued under this Act, except to carry out paragraph (1), along with the specific reasons the provisions of this Act. fectiveness of this Act. SEC. 107. PROHIBITION ON CHARGING FEES. for the determination, to the Committee on SEC. 105. EXPORT CONTROL ADVISORY COMMIT- Banking, Housing, and Urban Affairs of the No fee may be charged in connection with the TEES. Senate and the Committee on International Re- (a) APPOINTMENT.—Upon the Secretary’s own submission or processing of an application for lations of the House of Representatives. initiative or upon the written request of rep- an export license under this Act. SEC. 202. NATIONAL SECURITY CONTROL LIST. resentatives of a substantial segment of any in- TITLE II—NATIONAL SECURITY EXPORT (a) ESTABLISHMENT OF LIST.— dustry which produces any items subject to ex- CONTROLS (1) ESTABLISHMENT.—The Secretary shall es- port controls under this Act or being considered Subtitle A—Authority and Procedures for such controls, the Secretary may appoint ex- tablish and maintain a National Security Con- port control advisory committees with respect to SEC. 201. AUTHORITY FOR NATIONAL SECURITY trol List as part of the Control List. EXPORT CONTROLS. any such items. Each such committee shall con- (2) CONTENTS.—The National Security Control sist of representatives of United States industry (a) AUTHORITY.— List shall be composed of a list of items the ex- and Government officials, including officials (1) IN GENERAL.—In order to carry out the port of which is controlled for national security from the Departments of Commerce, Defense, purposes set forth in subsection (b), the Presi- purposes under this title. and State, and other appropriate departments dent may, in accordance with the provisions of (3) IDENTIFICATION OF ITEMS FOR NATIONAL and agencies of the Government. The Secretary this Act, prohibit, curtail, or require a license, SECURITY CONTROL LIST.—The Secretary, with shall permit the widest possible participation by or other authorization for the export of any item the concurrence of the Secretary of Defense and the business community on the export control subject to the jurisdiction of the United States in consultation with the head of any other de- advisory committees. or exported by any person subject to the juris- partment or agency of the United States that (b) FUNCTIONS.— diction of the United States. The President may the Secretary considers appropriate, shall iden- (1) IN GENERAL.—Export control advisory com- also require recordkeeping and reporting with tify the items to be included on the National Se- mittees appointed under subsection (a) shall ad- respect to the export of such item. curity Control List provided that the National vise and assist the Secretary, and any other de- (2) EXERCISE OF AUTHORITY.—The authority Security Control List shall, on the date of enact- partment, agency, or official of the Government contained in this subsection shall be exercised ment of this Act, include all of the items on the carrying out functions under this Act, on ac- by the Secretary, in consultation with the Sec- Commerce Control List controlled on the day be- tions (including all aspects of controls imposed retary of Defense, the intelligence agencies, and fore the date of enactment of this Act to protect or proposed) designed to carry out the provi- such other departments and agencies as the Sec- the national security of the United States, to sions of this Act concerning the items with re- retary considers appropriate. prevent the proliferation of weapons of mass de- spect to which such export control advisory (b) PURPOSES.—The purposes of national se- struction and the means to deliver them, and to committees were appointed. curity export controls are the following: deter acts of international terrorism. The Sec- (2) OTHER CONSULTATIONS.—Nothing in para- (1) To restrict the export of items that would retary shall review on a continuing basis and, graph (1) shall prevent the United States Gov- contribute to the military potential of countries with the concurrence of the Secretary of De- ernment from consulting, at any time, with any so as to prove detrimental to the national secu- fense and in consultation with the head of any person representing an industry or the general rity of the United States, its allies or countries other department or agency of the United States public, regardless of whether such person is a sharing common strategic objectives with the that the Secretary considers appropriate, adjust member of an export control advisory committee. United States. the National Security Control List to add items Members of the public shall be given a reason- (2) To stem the proliferation of weapons of that require control under this section and to re- able opportunity, pursuant to regulations pre- mass destruction, and the means to deliver move items that no longer warrant control scribed by the Secretary, to present information them, and other significant military capabilities under this section. to such committees. by— (b) RISK ASSESSMENT.— (c) REIMBURSEMENT OF EXPENSES.—Upon the (A) leading international efforts to control the (1) REQUIREMENT.—In establishing and main- request of any member of any export control ad- proliferation of chemical and biological weap- taining the National Security Control List, the visory committee appointed under subsection ons, nuclear explosive devices, missile delivery risk factors set forth in paragraph (2) shall be (a), the Secretary may, if the Secretary deter- systems, key-enabling technologies, and other considered, weighing national security concerns mines it to be appropriate, reimburse such mem- significant military capabilities; and economic costs. ber for travel, subsistence, and other necessary (B) controlling involvement of United States (2) RISK FACTORS.—The risk factors referred to expenses incurred by such member in connection persons in, and contributions by United States in paragraph (1), with respect to each item, are with the duties of such member. persons to, foreign programs intended to develop as follows:

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00010 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16269 (A) The characteristics of the item. (2) The present and potential relationship of (A) are subject to the jurisdiction of the (B) The threat, if any, to the United States or the country with countries friendly to the United States; the national security interest of the United United States and with countries hostile to the (B) are incorporated into the item; and States from the misuse or diversion of such item. United States. (C) would, at the time of the reexport, require (C) The effectiveness of controlling the item (3) The country’s capabilities regarding chem- a license under this title if exported from the for national security purposes of the United ical, biological, and nuclear weapons and the United States to a country to which the item is States, taking into account mass-market status, country’s membership in, and level of compli- to be reexported. foreign availability, and other relevant factors. ance with, relevant multilateral export control SEC. 205. PETITION PROCESS FOR MODIFYING EX- (D) The threat to the national security inter- regimes. PORT STATUS. ests of the United States if the item is not con- (4) The country’s capabilities regarding mis- (a) ESTABLISHMENT.—The Secretary shall es- trolled. sile systems and the country’s membership in, tablish a process for interested persons to peti- (E) Any other appropriate risk factors. and level of compliance with, relevant multilat- tion the Secretary to change the status of an (c) REPORT ON CONTROL LIST.—Not later than eral export control regimes. item on the National Security Control List. 90 days after the date of enactment of this Act, (5) Whether the country, if a NATO or major (b) EVALUATIONS AND DETERMINATIONS.— the Secretary shall submit a report to Congress non-NATO ally with whom the United States Evaluations and determinations with respect to which lists all items on the Commerce Control has entered into a free trade agreement as of a petition filed pursuant to this section shall be List controlled on the day before the date of en- January 1, 1986, controls exports in accordance made in accordance with section 202. actment of this Act to protect the national secu- with the criteria and standards of a multilateral rity of the United States, to prevent the pro- Subtitle B—Foreign Availability and Mass- export control regime as defined in section 2(14) Market Status liferation of weapons of mass destruction and pursuant to an international agreement to the means to deliver them, and to deter acts of which the United States is a party. SEC. 211. DETERMINATION OF FOREIGN AVAIL- ABILITY AND MASS-MARKET STATUS. international terrorism, not included on the Na- (6) The country’s other military capabilities tional Security Control List pursuant to the pro- and the potential threat posed by the country to (a) IN GENERAL.—The Secretary shall— visions of this Act. the United States or its allies. (1) on a continuing basis, SEC. 203. COUNTRY TIERS. (7) The effectiveness of the country’s export (2) upon a request from the Office of Tech- (a) IN GENERAL.— control system. nology Evaluation, or (1) ESTABLISHMENT AND ASSIGNMENT.—In ad- (8) The level of the country’s cooperation with (3) upon receipt of a petition filed by an inter- ministering export controls for national security United States export control enforcement and ested party, purposes under this title, the President shall, other efforts. review and determine the foreign availability not later than 120 days after the date of enact- (9) The risk of export diversion by the country and the mass-market status of any item the ex- ment of this Act— to a higher tier country. port of which is controlled under this title. (A) establish and maintain a country tiering (10) The designation of the country as a coun- (b) PETITION AND CONSULTATION.— system in accordance with subsection (b); and try supporting international terrorism under (1) IN GENERAL.—The Secretary shall establish (B) based on the assessments required under section 310. a process for an interested party to petition the subsection (c), assign each country to an appro- (d) TIER APPLICATION.—The country tiering Secretary for a determination that an item has priate tier for each item or group of items the ex- system shall be used in the determination of li- a foreign availability or mass-market status. In port of which is controlled for national security cense requirements pursuant to section 201(a)(1). evaluating and making a determination with re- purposes under this title. SEC. 204. INCORPORATED PARTS AND COMPO- spect to a petition filed under this section, the (2) CONSULTATION.—The establishment and NENTS. Secretary shall consult with the Secretary of assignment of country tiers under this section (a) EXPORT OF ITEMS CONTAINING CON- Defense, Secretary of State, and other appro- shall be made after consultation with the Sec- TROLLED PARTS AND COMPONENTS.—Controls priate Government agencies and with the Office retary, the Secretary of Defense, the Secretary may not be imposed under this title or any other of Technology Evaluation (established pursuant of State, the intelligence agencies, and such provision of law on an item solely because the to section 214). other departments and agencies as the President item contains parts or components subject to ex- (2) TIME FOR MAKING DETERMINATION.—The considers appropriate. port controls under this title, if the parts or Secretary shall, within 6 months after receiving (3) REDETERMINATION AND REVIEW OF ASSIGN- components— a petition described in subsection (a)(3), deter- MENTS.—The President may redetermine the as- (1) are essential to the functioning of the item, mine whether the item that is the subject of the signment of a country to a particular tier at any (2) are customarily included in sales of the petition has foreign availability or mass-market time and shall review and, as the President con- item in countries other than controlled coun- status and shall notify the petitioner of the de- siders appropriate, reassign country tiers on an tries, and termination. on-going basis. The Secretary shall provide no- (3) comprise 25 percent or less of the total (c) RESULT OF DETERMINATION.—In any case tice of any such reassignment to the Committee value of the item, in which the Secretary determines, in accord- on Banking, Housing, and Urban Affairs of the ance with procedures and criteria which the Senate and the Committee on International Re- unless the item itself, if exported, would by vir- tue of the functional characteristics of the item Secretary shall by regulation establish, that an lations of the House of Representatives. item described in subsection (a) has— (4) EFFECTIVE DATE OF TIER ASSIGNMENT.— An as a whole make a significant contribution to the military or proliferation potential of a con- (1) a foreign availability status, or assignment of a country to a particular tier (2) a mass-market status, shall take effect on the date on which notice of trolled country or end user which would prove the assignment is published in the Federal Reg- detrimental to the national security of the the Secretary shall notify the President (and ister. United States, or unless failure to control the other appropriate departments and agencies) (b) TIERS.— item would be contrary to the provisions of sec- and publish the notice of the determination in (1) IN GENERAL.—The President shall establish tion 201(c), section 201(d), or section 309 of this the Federal Register. The Secretary’s determina- a country tiering system consisting of not less Act. tion shall become final 30 days after the date than 3 tiers for purposes of this section. (b) REEXPORTS OF FOREIGN-MADE ITEMS IN- the notice is published, the item shall be re- (2) RANGE.—Countries that represent the low- CORPORATING UNITED STATES CONTROLLED CON- moved from the National Security Control List, est risk of diversion or misuse of an item on the TENT.— and a license or other authorization shall not be National Security Control List shall be assigned (1) IN GENERAL.—No authority or permission required under this title with respect to the item, to the lowest tier. Countries that represent the may be required under this title to reexport to a unless the President makes a determination de- highest risk of diversion or misuse of an item on country an item that is produced in a country scribed in section 212 or 213, or takes action the National Security Control List shall be as- other than the United States and incorporates under section 309, with respect to the item in signed to the highest tier. parts or components that are subject to the ju- that 30-day period. (3) OTHER COUNTRIES.—Countries that fall be- risdiction of the United States, if the value of (d) CRITERIA FOR DETERMINING FOREIGN tween the lowest and highest risk to the na- the controlled United States content of the item AVAILABILITY AND MASS-MARKET STATUS.— tional security interest of the United States with produced in such other country is 25 percent or (1) FOREIGN AVAILABILITY STATUS.—The Sec- respect to the risk of diversion or misuse of an less of the total value of the item; except that in retary shall determine that an item has foreign item on the National Security Control List shall the case of reexports of an item to a country availability status under this subtitle, if the item be assigned to a tier other than the lowest or designated as a country supporting inter- (or a substantially identical or directly competi- highest tier, based on the assessments required national terrorism pursuant to section 310, con- tive item)— under subsection (c). trols may be maintained if the value of the con- (A) is available to controlled countries from (c) ASSESSMENTS.—The President shall make trolled United States content is more than 10 sources outside the United States, including an assessment of each country in assigning a percent of the total value of the item. countries that participate with the United country tier taking into consideration risk fac- (2) DEFINITION OF CONTROLLED UNITED STATES States in multilateral export controls; tors including the following: CONTENT.—For purposes of this paragraph, the (B) can be acquired at a price that is not ex- (1) The present and potential relationship of term ‘‘controlled United States content’’ of an cessive when compared to the price at which a the country with the United States. item means those parts or components that— controlled country could acquire such item from

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00011 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 16270 CONGRESSIONAL RECORD—SENATE September 4, 2001 sources within the United States in the absence (B) publish the determination in the Federal President has made a determination under sub- of export controls; and Register. section (a), the President shall promptly report (C) is available in sufficient quantity so that (b) PRESIDENTIAL ACTION IN CASE OF SET- the determination, along with the specific rea- the requirement of a license or other authoriza- ASIDE.— sons for the determination, to the Committee on tion with respect to the export of such item is or (1) IN GENERAL.— Banking, Housing, and Urban Affairs of the would be ineffective. (A) NEGOTIATIONS.—In any case in which ex- Senate and the Committee on International Re- (2) MASS-MARKET STATUS.— port controls are maintained on an item because lations of the House of Representatives, and (A) IN GENERAL.—In determining whether an the President has made a determination under shall publish notice of the determination in the item has mass-market status under this subtitle, subsection (a), the President shall actively pur- Federal Register not later than 30 days after the the Secretary shall consider the following cri- sue negotiations with the governments of the Secretary publishes notice of the Secretary’s de- teria with respect to the item (or a substantially appropriate foreign countries for the purpose of termination that an item has mass-market sta- identical or directly competitive item): eliminating such availability. tus. (i) The production and availability for sale in (B) REPORT TO CONGRESS.—Not later than the (2) PERIODIC REVIEW OF DETERMINATION.—The a large volume to multiple potential purchasers. date the President begins negotiations, the President shall review a determination made (ii) The widespread distribution through nor- President shall notify in writing the Committee under subsection (a) at least every 6 months. mal commercial channels, such as retail stores, on Banking, Housing, and Urban Affairs of the Promptly after each review is completed, the direct marketing catalogues, electronic com- Senate and the Committee on International Re- Secretary shall submit a report on the results of merce, and other channels. lations of the House of Representatives that the the review to the Committee on Banking, Hous- (iii) The conduciveness to shipment and deliv- President has begun such negotiations and why ing, and Urban Affairs of the Senate and the ery by generally accepted commercial means of the President believes it is important to the na- Committee on International Relations of the transport. tional security that export controls on the item House of Representatives. (iv) The use for the item’s normal intended involved be maintained. SEC. 214. OFFICE OF TECHNOLOGY EVALUATION. purpose without substantial and specialized (2) PERIODIC REVIEW OF DETERMINATION.—The (a) IN GENERAL.— service provided by the manufacturer, dis- President shall review a determination described (1) ESTABLISHMENT OF OFFICE.—The Secretary tributor, or other third party. in subsection (a) at least every 6 months. shall establish in the Department of Commerce (B) DETERMINATION BY SECRETARY.—If the Promptly after each review is completed, the an Office of Technology Evaluation (in this sec- Secretary finds that the item (or a substantially Secretary shall submit to the committees of Con- tion referred to as the ‘‘Office’’), which shall be identical or directly competitive item) meets the gress referred to in paragraph (1)(B) a report on under the direction of the Secretary. The Office criteria set forth in subparagraph (A), the Sec- the results of the review, together with the sta- shall be responsible for gathering, coordinating, retary shall determine that the item has mass- tus of international negotiations to eliminate and analyzing all the necessary information in market status. the foreign availability of the item. order for the Secretary to make determinations (3) SPECIAL RULES.—For purposes of this sub- (3) EXPIRATION OF PRESIDENTIAL SET-ASIDE.— of foreign availability and mass-market status title— A determination by the President described in under this Act. (A) SUBSTANTIALLY IDENTICAL ITEM.—The de- subsection (a)(1)(A) (i) or (ii) shall cease to (2) STAFF.— termination of whether an item in relation to apply with respect to an item on the earlier of— (A) IN GENERAL.—The Secretary shall ensure another item is a substantially identical item (A) the date that is 6 months after the date on that the Office include persons to carry out the shall include a fair assessment of end-uses, the which the determination is made under sub- responsibilities set forth in subsection (b) of this properties, nature, and quality of the item. section (a), if the President has not commenced section that have training, expertise, and expe- (B) DIRECTLY COMPETITIVE ITEM.— international negotiations to eliminate the for- rience in— (i) IN GENERAL.—The determination of wheth- (i) economic analysis; er an item in relation to another item is a di- eign availability of the item within that 6-month (ii) the defense industrial base; rectly competitive item shall include a fair as- period; (iii) technological developments; and (B) the date on which the negotiations de- sessment of whether the item, although not sub- (iv) national security and foreign policy ex- scribed in paragraph (1) have terminated with- stantially identical in its intrinsic or inherent port controls. out achieving an agreement to eliminate foreign characteristics, is substantially equivalent for (B) DETAILEES.—In addition to employees of availability; commercial purposes and may be adapted for the Department of Commerce, the Secretary may (C) the date on which the President deter- substantially the same uses. accept on nonreimbursable detail to the Office, mines that there is not a high probability of (ii) EXCEPTION.—An item is not directly com- employees of the Departments of Defense, State, petitive with a controlled item if the item is sub- eliminating foreign availability of the item and Energy and other departments and agencies stantially inferior to the controlled item with re- through negotiation; or as appropriate. spect to characteristics that resulted in the ex- (D) the date that is 18 months after the date (b) RESPONSIBILITIES.—The Office shall be re- port of the item being controlled. on which the determination described in sub- sponsible for— section (a)(1)(A) (i) or (ii) is made if the Presi- (1) conducting foreign availability assessments SEC. 212. PRESIDENTIAL SET-ASIDE OF FOREIGN to determine whether a controlled item is avail- AVAILABILITY STATUS DETERMINA- dent has been unable to achieve an agreement to TION. eliminate foreign availability within that 18- able to controlled countries and whether requir- ing a license, or denial of a license for the ex- (a) CRITERIA FOR PRESIDENTIAL SET-ASIDE.— month period. (1) GENERAL CRITERIA.— (4) ACTION ON EXPIRATION OF PRESIDENTIAL port of such item, is or would be ineffective; (2) conducting mass-market assessments to de- (A) IN GENERAL.—If the President determines SET-ASIDE.—Upon the expiration of a Presi- that— dential set-aside under paragraph (3) with re- termine whether a controlled item is available to (i) decontrolling or failing to control an item spect to an item, the Secretary shall not require controlled countries because of the mass-market constitutes a threat to the national security of a license or other authorization to export the status of the item; (3) monitoring and evaluating worldwide tech- the United States, and export controls on the item. nological developments in industry sectors crit- item would advance the national security inter- SEC. 213. PRESIDENTIAL SET-ASIDE OF MASS- ical to the national security interests of the ests of the United States, MARKET STATUS DETERMINATION. United States to determine foreign availability (ii) there is a high probability that the foreign (a) CRITERIA FOR PRESIDENTIAL SET-ASIDE.— and mass-market status of controlled items; availability of an item will be eliminated (1) GENERAL CRITERIA.—If the President deter- (4) monitoring and evaluating multilateral ex- through international negotiations within a rea- mines that— port control regimes and foreign government ex- sonable period of time taking into account the (A)(i) decontrolling or failing to control an port control policies and practices that affect characteristics of the item, or item constitutes a serious threat to the national the national security interests of the United (iii) United States controls on the item have security of the United States, and States; been imposed under section 309, (ii) export controls on the item would advance (5) conducting assessments of United States the President may set aside the Secretary’s de- the national security interests of the United industrial sectors critical to the United States termination of foreign availability status with States, or defense industrial base and how the sectors are respect to the item. (B) United States controls on the item have affected by technological developments, tech- (B) NONDELEGATION.—The President may not been imposed under section 309, nology transfers, and foreign competition; and delegate the authority provided for in this para- the President may set aside the Secretary’s de- (6) conducting assessments of the impact of graph. termination of mass-market status with respect United States export control policies on— (2) REPORT TO CONGRESS.—The President shall to the item. (A) United States industrial sectors critical to promptly— (2) NONDELEGATION.—The President may not the national security interests of the United (A) report any set-aside determination de- delegate the authority provided for in this sub- States; and scribed in paragraph (1), along with the specific section. (B) the United States economy in general. reasons for the determination, to the Committee (b) PRESIDENTIAL ACTION IN CASE OF SET- (c) REPORTS TO CONGRESS.—The Secretary on Banking, Housing, and Urban Affairs of the ASIDE.— shall make available to the Committee on Inter- Senate and the Committee on International Re- (1) IN GENERAL.—In any case in which export national Relations of the House of Representa- lations of the House of Representatives; and controls are maintained on an item because the tives and the Committee on Banking, Housing,

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00012 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16271 and Urban Affairs of the Senate as part of the gress the President’s intention to impose con- SEC. 304. PRESIDENTIAL REPORT BEFORE IMPO- Secretary’s annual report required under section trols under this title. SITION OF CONTROL. 701 information on the operations of the Office, (2) EXCEPTION.—The prohibition contained in (a) REQUIREMENT.—Before imposing an export and on improvements in the Government’s abil- paragraph (1) shall not apply in any case in control under this title, the President shall sub- ity to assess foreign availability and mass-mar- which the President determines and certifies to mit to the Committee on Banking, Housing, and ket status, during the fiscal year preceding the the Committee on Banking, Housing, and Urban Urban Affairs of the Senate and the Committee report, including information on the training of Affairs of the Senate and the Committee on on International Relations of the House of Rep- personnel, and the use of Commercial Service International Relations of the House of Rep- resentatives a report on the proposed export Officers of the United States and Foreign Com- resentatives that— control. The report may be provided on a classi- mercial Service to assist in making determina- (A) there is a serious threat to a foreign policy fied basis if the Secretary considers it necessary. tions. The information shall also include a de- interest of the United States; (b) CONTENT.—The report shall contain a de- scription of determinations made under this Act (B) the prohibition of exports under each scription and assessment of each of the criteria during the preceding fiscal year that foreign binding contract, agreement, commitment, li- described in section 303. In addition, the report availability or mass-market status did or did not cense, or authorization will be instrumental in shall contain a description and assessment of— exist (as the case may be), together with an ex- remedying the situation posing the serious (1) any diplomatic and other steps that the planation of the determinations. threat; and United States has taken to accomplish the in- (d) SHARING OF INFORMATION.—Each depart- (C) the export controls will be in effect only as tended objective of the proposed export control; ment or agency of the United States, including long as the serious threat exists. (2) unilateral export controls imposed, and other measures taken, by other countries to any intelligence agency, and all contractors SEC. 302. PROCEDURES FOR IMPOSING CON- with any such department or agency, shall, con- TROLS. achieve the intended objective of the proposed export control; sistent with the need to protect intelligence (a) NOTICE.— (3) the likelihood of multilateral adoption of sources and methods, furnish information to the (1) INTENT TO IMPOSE FOREIGN POLICY EXPORT comparable export controls; Office concerning foreign availability and the CONTROL.—Except as provided in section 306, (4) alternative measures to promote the same mass-market status of items subject to export not later than 45 days before imposing or imple- objectives and the likelihood of their potential controls under this Act. menting an export control under this title, the success; TITLE III—FOREIGN POLICY EXPORT President shall publish in the Federal Register— (5) any United States obligations under inter- CONTROLS (A) a notice of intent to do so; and national trade agreements, treaties, or other SEC. 301. AUTHORITY FOR FOREIGN POLICY EX- (B) provide for a period of not less than 30 international arrangements, with which the PORT CONTROLS. days for any interested person to submit com- proposed export control may conflict; (a) AUTHORITY.— ments on the export control proposed under this (6) the likelihood that the proposed export (1) IN GENERAL.—In order to carry out the title. control could lead to retaliation against United purposes set forth in subsection (b), the Presi- (2) PURPOSES OF NOTICE.—The purposes of the States interests; dent may, in accordance with the provisions of notice are— (7) the likely economic impact of the proposed this Act, prohibit, curtail, or require a license, (A) to provide an opportunity for the formula- export control on the United States economy, other authorization, recordkeeping, or reporting tion of an effective export control policy under United States international trade and invest- for the export of any item subject to the jurisdic- this title that advances United States economic ment, and United States agricultural interests, tion of the United States or exported by any per- and foreign policy interests; and commercial interests, and employment; and son subject to the jurisdiction of the United (B) to provide an opportunity for negotiations (8) a conclusion that the probable achieve- States. to achieve the purposes set forth in section ment of the objectives of the proposed export (2) EXERCISE OF AUTHORITY.—The authority 301(b). control outweighs any likely costs to United contained in this subsection shall be exercised (b) NEGOTIATIONS.—During the 45-day period States economic, foreign policy, humanitarian, by the Secretary, in consultation with the Sec- that begins on the date of notice described in or national security interests, including any po- retary of State and such other departments and subsection (a), the President may negotiate with tential harm to the United States agricultural agencies as the Secretary considers appropriate. the government of the foreign country against and business firms and to the international rep- (b) PURPOSES.—The purposes of foreign policy which the export control is proposed in order to utation of the United States as a reliable sup- export controls are the following: resolve the reasons underlying the proposed ex- plier of goods, services, or technology. (1) To promote the foreign policy objectives of port control. SEC. 305. IMPOSITION OF CONTROLS. the United States, consistent with the purposes (c) CONSULTATION.— The President may impose an export control of this section and the provisions of this Act. (1) REQUIREMENT.—The President shall con- under this title after the submission of the re- (2) To promote international peace, stability, sult with the Committee on Banking, Housing, port required under section 304 and publication and respect for fundamental human rights. and Urban Affairs of the Senate and the Com- in the Federal Register of a notice of the imposi- (3) To use export controls to deter and punish mittee on International Relations of the House tion of the export control . acts of international terrorism and to encourage of Representatives regarding any export control SEC. 306. DEFERRAL AUTHORITY. proposed under this title and the efforts to other countries to take immediate steps to pre- (a) AUTHORITY.—The President may defer vent the use of their territories or resources to achieve or increase multilateral cooperation on compliance with any requirement contained in aid, encourage, or give sanctuary to those per- the issues or problems underlying the proposed section 302(a), 304, or 305 in the case of a pro- sons involved in directing, supporting, or par- export control. posed export control if— ticipating in acts of international terrorism. (2) CLASSIFIED CONSULTATION.—The consulta- (1) the President determines that a deferral of (c) FOREIGN PRODUCTS.—No authority or per- tions described in paragraph (1) may be con- compliance with the requirement is in the na- mission may be required under this title to reex- ducted on a classified basis if the Secretary con- tional interest of the United States; and port to a country an item that is produced in a siders it necessary. (2) the requirement is satisfied not later than country other than the United States and incor- SEC. 303. CRITERIA FOR FOREIGN POLICY EX- 60 days after the date on which the export con- porates parts or components that are subject to PORT CONTROLS. trol is imposed under this title. the jurisdiction of the United States, except that Each export control imposed by the President (b) TERMINATION OF CONTROL.—An export in the case of reexports of an item to a country under this title shall— control with respect to which a deferral has designated as a country supporting inter- (1) have clearly stated and specific United been made under subsection (a) shall terminate national terrorism pursuant to section 310, con- States foreign policy objectives; 60 days after the date the export control is im- trols may be maintained if the value of the con- (2) have objective standards for evaluating the posed unless all requirements have been satis- trolled United States content is more than 10 success or failure of the export control; fied before the expiration of the 60-day period. percent of the value of the item. (3) include an assessment by the President SEC. 307. REVIEW, RENEWAL, AND TERMINATION. (d) CONTRACT SANCTITY.— that— (a) RENEWAL AND TERMINATION.— (1) IN GENERAL.—The President may not pro- (A) the export control is likely to achieve such (1) IN GENERAL.—Any export control imposed hibit the export of any item under this title if objectives and the expected time for achieving under this title shall terminate on March 31 of that item is to be exported— the objectives; and each renewal year unless the President renews (A) in performance of a binding contract, (B) the achievement of the objectives of the the export control on or before such date. For agreement, or other contractual commitment en- export control outweighs any potential costs of purposes of this section, the term ‘‘renewal tered into before the date on which the Presi- the export control to other United States eco- year’’ means 2003 and every 2 years thereafter. dent reports to Congress the President’s inten- nomic, foreign policy, humanitarian, or na- (2) EXCEPTION.—This section shall not apply tion to impose controls on that item under this tional security interests; to an export control imposed under this title title; or (4) be targeted narrowly; and that— (B) under a license or other authorization (5) seek to minimize any adverse impact on the (A) is required by law; issued under this Act before the earlier of the humanitarian activities of United States and (B) is targeted against any country designated date on which the control is initially imposed or foreign nongovernmental organizations in the as a country supporting international terrorism the date on which the President reports to Con- country subject to the export control. pursuant to section 310; or

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00013 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 16272 CONGRESSIONAL RECORD—SENATE September 4, 2001 (C) has been in effect for less than 1 year as 304, the President may impose controls on ex- (3) the reasons why the proposed export or of February 1 of a renewal year. ports to a particular country or countries— transfer is in the national interest of the United (b) REVIEW.— (1) of items listed on the control list of a multi- States; (1) IN GENERAL.—Not later than February 1 of lateral export control regime, as defined in sec- (4) an analysis of the impact of the proposed each renewal year, the President shall review tion 2(14); or export or transfer on the military capabilities of all export controls in effect under this title. (2) in order to fulfill obligations or commit- the foreign country or international organiza- (2) CONSULTATION.— ments of the United States under resolutions of tion to which such export or transfer would be (A) REQUIREMENT.—Before completing a re- the United Nations and under treaties, or other made; view under paragraph (1), the President shall international agreements and arrangements, to (5) an analysis of the manner in which the consult with the Committee on Banking, Hous- which the United States is a party. proposed export would affect the relative mili- tary strengths of countries in the region to ing, and Urban Affairs of the Senate and the SEC. 310. DESIGNATION OF COUNTRIES SUP- Committee on International Relations of the PORTING INTERNATIONAL TER- which the item which is the subject of such ex- House of Representative regarding each export RORISM. port would be delivered and whether other control that is being reviewed. (a) LICENSE REQUIRED.—Notwithstanding any countries in the region have comparable kinds (B) CLASSIFIED CONSULTATION.—The consulta- other provision of this Act setting forth limita- and amounts of the item; and (6) an analysis of the impact of the proposed tions may be conducted on a classified basis if tions on the authority to control exports, a li- export or transfer on the United States relations the Secretary considers it necessary. cense shall be required for the export of any with the countries in the region to which the (3) PUBLIC COMMENT.—In conducting the re- item to a country if the Secretary of State has item which is the subject of such export would view of each export control under paragraph determined that— be delivered. (1), the President shall provide a period of not (1) the government of such country has re- less than 30 days for any interested person to peatedly provided support for acts of inter- SEC. 311. CRIME CONTROL INSTRUMENTS. (a) IN GENERAL.—Crime control and detection submit comments on renewal of the export con- national terrorism; and instruments and equipment shall be approved trol. The President shall publish notice of the (2) the export of the item could make a signifi- for export by the Secretary only pursuant to an opportunity for public comment in the Federal cant contribution to the military potential of individual export license. Notwithstanding any Register not less than 45 days before the review such country, including its military logistics ca- is required to be completed. other provision of this Act— pability, or could enhance the ability of such (1) any determination by the Secretary of (c) REPORT TO CONGRESS.— country to support acts of international ter- what goods or technology shall be included on (1) REQUIREMENT.—Before renewing an export rorism. the list established pursuant to this subsection control imposed under this title, the President (b) NOTIFICATION.—The Secretary and the as a result of the export restrictions imposed by shall submit to the committees of Congress re- Secretary of State shall notify the Committee on this section shall be made with the concurrence ferred to in subsection (b)(2)(A) a report on each International Relations of the House of Rep- of the Secretary of State, and export control that the President intends to resentatives and the Committee on Banking, (2) any determination by the Secretary to ap- renew. Housing, and Urban Affairs and the Committee prove or deny an export license application to (2) FORM AND CONTENT OF REPORT.—The re- on Foreign Relations of the Senate at least 30 export crime control or detection instruments or port may be provided on a classified basis if the days before issuing any license required by sub- equipment shall be made in concurrence with Secretary considers it necessary. Each report section (a). the recommendations of the Secretary of State shall contain the following: (c) DETERMINATIONS REGARDING REPEATED submitted to the Secretary with respect to the (A) A clearly stated explanation of the specific SUPPORT.—Each determination of the Secretary application pursuant to section 401 of this Act, United States foreign policy objective that the of State under subsection (a)(1), including each except that, if the Secretary does not agree with existing export control was intended to achieve. determination in effect on the date of the enact- the Secretary of State with respect to any deter- (B) An assessment of— ment of the Antiterrorism and Arms Export mination under paragraph (1) or (2), the matter (i) the extent to which the existing export con- Amendments Act of 1989, shall be published in trol achieved its objectives before renewal based shall be referred to the President for resolution. the Federal Register. (b) EXCEPTION.—The provisions of this section on the objective criteria established for evalu- (d) LIMITATIONS ON RESCINDING DETERMINA- shall not apply with respect to exports to coun- ating the export control; and TION.—A determination made by the Secretary tries that are members of the North Atlantic (ii) the reasons why the existing export con- of State under subsection (a)(1) may not be re- Treaty Organization or to Japan, Australia, or trol has failed to fully achieve its objectives and, scinded unless the President submits to the New Zealand, or to such other countries as the if renewed, how the export control will achieve Speaker of the House of Representatives and the President shall designate consistent with the that objective before the next renewal year. Chairman of the Committee on Banking, Hous- purposes of this section and section 502B of the (C) An updated description and assessment ing, and Urban Affairs and the Chairman of the Foreign Assistance Act of 1961 (22 U.S.C. 2304). of— Committee on Foreign Relations of the Senate— TITLE IV—PROCEDURES FOR EXPORT LI- (i) each of the criteria described in section 303, (1) before the proposed rescission would take CENSES AND INTERAGENCY DISPUTE and effect, a report certifying that— RESOLUTION (ii) each matter required to be reported under (A) there has been a fundamental change in section 304(b) (1) through (8). the leadership and policies of the government of SEC. 401. EXPORT LICENSE PROCEDURES. (3) RENEWAL OF EXPORT CONTROL.—The Presi- the country concerned; (a) RESPONSIBILITY OF THE SECRETARY.— dent may renew an export control under this (B) that government is not supporting acts of (1) IN GENERAL.—All applications for a license title after submission of the report described in international terrorism; and or other authorization to export a controlled paragraph (2) and publication of notice of re- (C) that government has provided assurances item shall be filed in such manner and include newal in the Federal Register. that it will not support acts of international ter- such information as the Secretary may, by regu- SEC. 308. TERMINATION OF CONTROLS UNDER rorism in the future; or lation, prescribe. (2) PROCEDURES.—In guidance and regula- THIS TITLE. (2) at least 45 days before the proposed rescis- tions that implement this section, the Secretary (a) IN GENERAL.—Notwithstanding any other sion would take effect, a report justifying the shall describe the procedures required by this provision of law, the President— rescission and certifying that— section, the responsibilities of the Secretary and (1) shall terminate any export control imposed (A) the government concerned has not pro- of other departments and agencies in reviewing under this title if the President determines that vided any support for international terrorism applications, the rights of the applicant, and the control has substantially achieved the objec- during the preceding 6-month period; and other relevant matters affecting the review of li- tive for which it was imposed; and (B) the government concerned has provided cense applications. (2) may terminate at any time any export con- assurances that it will not support acts of inter- (3) CALCULATION OF PROCESSING TIMES.—In trol imposed under this title that is not required national terrorism in the future. calculating the processing times set forth in this by law. (e) INFORMATION TO BE INCLUDED IN NOTIFI- title, the Secretary shall use calendar days, ex- (b) EXCEPTION.—Paragraphs (1) and (2) of CATION.—The Secretary and the Secretary of cept that if the final day for a required action subsection (a) do not apply to any export con- State shall include in the notification required falls on a weekend or holiday, that action shall trol imposed pursuant to section 310. by subsection (b)— be taken no later than the following business (c) EFFECTIVE DATE OF TERMINATION.—The (1) a detailed description of the item to be of- day. termination of an export control pursuant to fered, including a brief description of the capa- (4) CRITERIA FOR EVALUATING APPLICATIONS.— this section shall take effect on the date notice bilities of any item for which a license to export In determining whether to grant an application of the termination is published in the Federal is sought; to export a controlled item under this Act, the Register. (2) the reasons why the foreign country or following criteria shall be considered: SEC. 309. COMPLIANCE WITH INTERNATIONAL OB- international organization to which the export (A) The characteristics of the controlled item. LIGATIONS. or transfer is proposed to be made needs the item (B) The threat to— Notwithstanding any other provision of this which is the subject of such export or transfer (i) the national security interests of the Act setting forth limitations on authority to and a description of the manner in which such United States from items controlled under title control exports and except as provided in section country or organization intends to use the item; II of this Act; or

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00014 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16273 (ii) the foreign policy of the United States ment or agency to make a determination with poses to reverse the decision with respect to the from items controlled under title III of this Act. respect to the application, and the Secretary application, the appeal under this subsection (C) The country tier designation of the coun- shall promptly request such information from shall be handled in accordance with the inter- try to which a controlled item is to be exported the applicant. The time that may elapse between agency dispute resolution process provided for pursuant to section 203. the date the information is requested by that de- in section 402(b)(3). (D) The risk of export diversion or misuse by— partment or agency and the date the informa- (2) ENFORCEMENT OF TIME LIMITS.— (i) the exporter; tion is received by that department or agency (A) IN GENERAL.—In any case in which an ac- (ii) the method of export; shall not be included in calculating the time pe- tion prescribed in this section is not taken on an (iii) the end-user; riods prescribed in this title. application within the time period established (iv) the country where the end-user is located; (4) TIME PERIOD FOR ACTION BY REFERRAL DE- by this section (except in the case of a time pe- and PARTMENTS AND AGENCIES.—Within 30 days after riod extended under subsection (g) of which the (v) the end-use. the Secretary refers an application under this applicant is notified), the applicant may file a (E) Risk mitigating factors including, but not section, each department or agency to which an petition with the Secretary requesting compli- limited to— application has been referred shall provide the ance with the requirements of this section. (i) changing the characteristics of the con- Secretary with a recommendation either to ap- When such petition is filed, the Secretary shall trolled item; prove the license or to deny the license. A rec- take immediate steps to correct the situation giv- (ii) after-market monitoring by the exporter; ommendation that the Secretary deny a license ing rise to the petition and shall immediately and shall include a statement of reasons for the rec- notify the applicant of such steps. (iii) post-shipment verification. ommendation that are consistent with the provi- (B) BRINGING COURT ACTION.—If, within 20 (b) INITIAL SCREENING.— sions of this title, and shall cite both the specific days after a petition is filed under subpara- (1) UPON RECEIPT OF APPLICATION.—Upon re- statutory and regulatory basis for the rec- graph (A), the processing of the application has ceipt of an export license application, the Sec- ommendation. A department or agency that fails not been brought into conformity with the re- retary shall enter and maintain in the records of to provide a recommendation in accordance with quirements of this section, or the processing of the Department information regarding the re- this paragraph within that 30-day period shall the application has been brought into con- ceipt and status of the application. be deemed to have no objection to the decision formity with such requirements but the Sec- (2) INITIAL PROCEDURES.— of the Secretary on the application. retary has not so notified the applicant, the ap- (A) IN GENERAL.—Not later than 9 days after (d) ACTION BY THE SECRETARY.—Not later plicant may bring an action in an appropriate receiving any license application, the Secretary than 30 days after the date the application is re- United States district court for an order requir- shall— ferred, the Secretary shall— ing compliance with the time periods required by (i) contact the applicant if the application is (1) if there is agreement among the referral de- this section. improperly completed or if additional informa- partments and agencies to issue or deny the li- (g) EXCEPTIONS FROM REQUIRED TIME PERI- tion is required, and hold the application for a cense— ODS.—The following actions related to proc- reasonable time while the applicant provides the (A) issue the license and ensure all appro- essing an application shall not be included in necessary corrections or information, and such priate personnel in the Department (including calculating the time periods prescribed in this time shall not be included in calculating the the Office of Export Enforcement) are notified section: time periods prescribed in this title; of all approved license applications; or (1) AGREEMENT OF THE APPLICANT.—Delays (ii) refer the application, through the use of a (B) notify the applicant of the intention to upon which the Secretary and the applicant common data base or other means, and all infor- deny the license; or mutually agree. mation submitted by the applicant, and all nec- (2) if there is no agreement among the referral (2) PRELICENSE CHECKS.—A prelicense check essary recommendations and analyses by the departments and agencies, notify the applicant (for a period not to exceed 60 days) that may be Secretary to the Secretary of Defense, the Sec- that the application is subject to the inter- required to establish the identity and reliability retary of State, and the heads of and other de- agency dispute resolution process provided for of the recipient of items controlled under this partments and agencies the Secretary considers in section 402. Act, if— appropriate; (e) CONSEQUENCES OF APPLICATION DENIAL.— (A) the need for the prelicense check is deter- (iii) ensure that the classification stated on (1) IN GENERAL.—If a determination is made to mined by the Secretary or by another depart- the application for the export items is correct; deny a license, the applicant shall be informed ment or agency in any case in which the request and in writing, consistent with the protection of in- for the prelicense check is made by such depart- (iv) return the application if a license is not telligence information sources and methods, by ment or agency; required. the Secretary of— (B) the request for the prelicense check is ini- (B) REFERRAL NOT REQUIRED.—In the event (A) the determination; tiated by the Secretary within 5 days after the that the head of a department or agency deter- (B) the specific statutory and regulatory bases determination that the prelicense check is re- mines that certain types of applications need for the proposed denial; quired; and not be referred to the department or agency, (C) what, if any, modifications to, or restric- (C) the analysis of the result of the prelicense such department or agency head shall notify the tions on, the items for which the license was check is completed by the Secretary within 5 Secretary of the specific types of such applica- sought would allow such export to be compatible days. tions that the department or agency does not with export controls imposed under this Act, (3) REQUESTS FOR GOVERNMENT-TO-GOVERN- wish to review. and which officer or employee of the Depart- MENT ASSURANCES.—Any request by the Sec- (3) WITHDRAWAL OF APPLICATION.—An appli- ment would be in a position to discuss modifica- retary or another department or agency for gov- cant may, by written notice to the Secretary, tions or restrictions with the applicant and the ernment-to-government assurances of suitable withdraw an application at any time before specific statutory and regulatory bases for im- end-uses of items approved for export, when final action. posing such modifications or restrictions; failure to obtain such assurances would result (c) ACTION BY OTHER DEPARTMENTS AND (D) to the extent consistent with the national in rejection of the application, if— AGENCIES.— security and foreign policy interests of the (A) the request for such assurances is sent to (1) REFERRAL TO OTHER AGENCIES.—The Sec- United States, the specific considerations that the Secretary of State within 5 days after the retary shall promptly refer a license application led to the determination to deny the application; determination that the assurances are required; to the departments and agencies under sub- and (B) the Secretary of State initiates the request section (b) to make recommendations and pro- (E) the availability of appeal procedures. of the relevant government within 10 days there- vide information to the Secretary. (2) PERIOD FOR APPLICANT TO RESPOND.—The after; and (2) RESPONSIBILITY OF REFERRAL DEPART- applicant shall have 20 days from the date of (C) the license is issued within 5 days after MENTS AND AGENCIES.—The Secretary of De- the notice of intent to deny the application to the Secretary receives the requested assurances. fense, the Secretary of State, and the heads of respond in a manner that addresses and corrects (4) EXCEPTION.—Whenever a prelicense check other reviewing departments and agencies shall the reasons for the denial. If the applicant does described in paragraph (2) or assurances de- take all necessary actions in a prompt and re- not adequately address or correct the reasons scribed in paragraph (3) are not requested with- sponsible manner on an application. Each de- for denial or does not respond, the license shall in the time periods set forth therein, then the partment or agency reviewing an application be denied. If the applicant does address or cor- time expended for such prelicense check or as- under this section shall establish and maintain rect the reasons for denial, the application shall surances shall be included in calculating the records properly identifying and monitoring the be considered in a timely manner. time periods established by this section. status of the matter referred to the department (f) APPEALS AND OTHER ACTIONS BY APPLI- (5) MULTILATERAL REVIEW.—Multilateral re- or agency. CANT.— view of a license application to the extent that (3) ADDITIONAL INFORMATION REQUESTS.— (1) IN GENERAL.—The Secretary shall establish such multilateral review is required by a rel- Each department or agency to which a license appropriate procedures for an applicant to ap- evant multilateral regime. application is referred shall specify to the Sec- peal to the Secretary the denial of an applica- (6) CONGRESSIONAL NOTIFICATION.—Such time retary any information that is not in the appli- tion or other administrative action under this as is required for mandatory congressional noti- cation that would be required for the depart- Act. In any case in which the Secretary pro- fications under this Act.

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(7) CONSULTATIONS.—Consultation with for- (B) notify the applicant of the intention to the multilateral export control regime for the eign governments, if such consultation is pro- deny the application. purpose of coordinating export control policies vided for by a relevant multilateral regime as a (2) MINUTES.—The interagency committee and and issuing policy guidance to members of the precondition for approving a license. each level of the interagency dispute resolution regime. (h) CLASSIFICATION REQUESTS AND OTHER IN- process shall keep reasonably detailed minutes (7) COMMON LIST OF CONTROLLED ITEMS.— QUIRIES.— of all meetings. On each matter before the inter- There is agreement on a common list of items (1) CLASSIFICATION REQUESTS.—In any case in agency committee or before any other level of controlled by the multilateral export control re- which the Secretary receives a written request the interagency dispute resolution process in gime. asking for the proper classification of an item which members disagree, each member shall (8) REGULAR UPDATES OF COMMON LIST.— on the Control List or the applicability of licens- clearly state the reasons for the member’s posi- There is a procedure for removing items from the ing requirements under this title, the Secretary tion and the reasons shall be entered in the min- list of controlled items when the control of such shall promptly notify the Secretary of Defense utes. items no longer serves the objectives of the mem- and the head of any department or agency the TITLE V—INTERNATIONAL ARRANGE- bers of the multilateral export control regime. Secretary considers appropriate. The Secretary MENTS; FOREIGN BOYCOTTS; SANC- (9) TREATMENT OF CERTAIN COUNTRIES.—There shall, within 14 days after receiving the request, TIONS; AND ENFORCEMENT is agreement to prevent the export or diversion inform the person making the request of the SEC. 501. INTERNATIONAL ARRANGEMENTS. of the most sensitive items to countries whose proper classification. activities are threatening to the national secu- (a) MULTILATERAL EXPORT CONTROL RE- (2) OTHER INQUIRIES.—In any case in which rity of the United States or its allies. GIMES.— the Secretary receives a written request for in- (10) HARMONIZATION OF LICENSE APPROVAL (1) POLICY.—It is the policy of the United formation under this Act, the Secretary shall, States to seek multilateral arrangements that PROCEDURES.—There is harmonization among within 30 days after receiving the request, reply the members of the regime of their national ex- support the national security objectives of the with that information to the person making the port license approval procedures, practices, and United States (as described in title II) and that request. establish fairer and more predictable competitive standards. SEC. 402. INTERAGENCY DISPUTE RESOLUTION opportunities for United States exporters. (11) UNDERCUTTING.—There is a limit with re- PROCESS. spect to when members of a multilateral export (2) PARTICIPATION IN EXISTING REGIMES.—Con- (a) IN GENERAL.—All license applications on gress encourages the United States to continue control regime— which agreement cannot be reached shall be re- its active participation in and to strengthen ex- (A) grant export licenses for any item that is ferred to the interagency dispute resolution isting multilateral export control regimes. substantially identical to or directly competitive process for decision. (3) PARTICIPATION IN NEW REGIMES.—It is the with an item controlled pursuant to the regime, (b) INTERAGENCY DISPUTE RESOLUTION PROC- policy of the United States to participate in ad- where the United States has denied an export li- ESS.— ditional multilateral export control regimes if cense for such item, or (1) INITIAL RESOLUTION.—The Secretary shall such participation would serve the national se- (B) approve exports to a particular end user to establish, select the chairperson of, and deter- curity interests of the United States. which the United States has denied export li- mine procedures for an interagency committee to (b) ANNUAL REPORT ON MULTILATERAL EX- cense for a similar item. review initially all license applications described PORT CONTROL REGIMES.—Not later than Feb- (d) STANDARDS FOR NATIONAL EXPORT CON- in subsection (a) with respect to which the Sec- ruary 1 of each year, the President shall submit TROL SYSTEMS.—The President shall take steps retary and any of the referral departments and to the Committee on Banking, Housing, and to attain the cooperation of members of each re- agencies are not in agreement. The chairperson Urban Affairs of the Senate and the Committee gime in implementing effective national export shall consider the positions of all the referral on International Relations of the House of Rep- control systems containing the following fea- departments and agencies (which shall be in- resentatives a report evaluating the effectiveness tures: cluded in the minutes described in subsection of each multilateral export control regime, in- (1) EXPORT CONTROL LAW.—Enforcement au- (c)(2)) and make a decision on the license appli- cluding an assessment of the steps undertaken thority, civil and criminal penalties, and stat- cation, including appropriate revisions or condi- pursuant to subsections (c) and (d). The report, utes of limitations are sufficient to deter poten- tions thereto. or any part of this report, may be submitted in tial violations and punish violators under the (2) INTELLIGENCE COMMUNITY.—The analytic classified form to the extent the President con- member’s export control law. product of the intelligence community should be siders necessary. (2) LICENSE APPROVAL PROCESS.—The system fully considered with respect to any proposed li- (c) STANDARDS FOR MULTILATERAL EXPORT for evaluating export license applications in- cense under this title. CONTROL REGIMES.—The President shall take cludes sufficient technical expertise to assess the (3) FURTHER RESOLUTION.—The President steps to establish the following features in any licensing status of exports and ensure the reli- shall establish additional levels for review or ap- multilateral export control regime in which the ability of end users. peal of any matter that cannot be resolved pur- United States is participating or may partici- (3) ENFORCEMENT.—The enforcement mecha- suant to the process described in paragraph (1). pate: nism provides authority for trained enforcement Each such review shall— (1) FULL MEMBERSHIP.—All supplier countries officers to investigate and prevent illegal ex- (A) provide for decision-making based on the are members of the regime, and the policies and ports. majority vote of the participating departments activities of the members are consistent with the (4) DOCUMENTATION.—There is a system of ex- and agencies; objectives and membership criteria of the multi- port control documentation and verification (B) provide that a department or agency that lateral export control regime. with respect to controlled items. fails to take a timely position, citing the specific (2) EFFECTIVE ENFORCEMENT AND COMPLI- (5) INFORMATION.—There are procedures for statutory and regulatory bases for a position, ANCE.—The regime promotes enforcement and the coordination and exchange of information shall be deemed to have no objection to the compliance with the regime’s rules and guide- concerning licensing, end users, and enforce- pending decision; lines. ment with other members of the multilateral ex- (C) provide that any decision of an inter- (3) PUBLIC UNDERSTANDING.—The regime port control regime. agency committee established under paragraph makes an effort to enhance public under- (6) RESOURCES.—The member has devoted ade- (1) or interagency dispute resolution process es- standing of the purpose and procedures of the quate resources to administer effectively the au- tablished under this paragraph may be esca- multilateral export control regime. thorities, systems, mechanisms, and procedures lated to the next higher level of review at the re- (4) EFFECTIVE IMPLEMENTATION PROCE- described in paragraphs (1) through (5). quest of an official appointed by the President, DURES.—The multilateral export control regime (e) OBJECTIVES REGARDING MULTILATERAL EX- by and with the advice of the Senate, or an offi- has procedures for the uniform and consistent PORT CONTROL REGIMES.—The President shall cer properly acting in such capacity, of a de- interpretation and implementation of its rules seek to achieve the following objectives with re- partment or agency that participated in the and guidelines. gard to multilateral export control regimes: interagency committee or dispute resolution (5) ENHANCED COOPERATION WITH REGIME NON- (1) STRENGTHEN EXISTING REGIMES.—Strength- process that made the decision; and MEMBERS.—There is agreement among the mem- en existing multilateral export control regimes— (D) ensure that matters are resolved or re- bers of the multilateral export control regime (A) by creating a requirement to share infor- ferred to the President not later than 90 days to— mation about export license applications among after the date the completed license application (A) cooperate with governments outside the members before a member approves an export li- is referred by the Secretary. regime to restrict the export of items controlled cense; and (c) FINAL ACTION.— by such regime; and (B) harmonizing national export license ap- (1) IN GENERAL.—Once a final decision is made (B) establish an ongoing mechanism in the re- proval procedures and practices, including the under subsection (b), the Secretary shall gime to coordinate planning and implementation elimination of undercutting. promptly— of export control measures related to such co- (2) REVIEW AND UPDATE.—Review and update (A) issue the license and ensure that all ap- operation. multilateral regime export control lists with propriate personnel in the Department (includ- (6) PERIODIC HIGH-LEVEL MEETINGS.—There other members, taking into account— ing the Office of Export Enforcement) are noti- are regular periodic meetings of high-level rep- (A) national security concerns; fied of all approved license applications; or resentatives of the governments of members of (B) the controllability of items; and

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00016 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16275 (C) the costs and benefits of controls. practices or boycotts fostered or imposed by any (ii) prohibiting the shipment of items to the (3) ENCOURAGE COMPLIANCE BY NONMEM- foreign country against a country friendly to boycotting country on a carrier of the boycotted BERS.—Encourage nonmembers of the multilat- the United States or against any United States country or by a route other than that prescribed eral export control regime— person. by the boycotting country or the recipient of the (A) to strengthen their national export control (b) PROHIBITIONS AND EXCEPTIONS.— shipment; regimes and improve enforcement; (1) PROHIBITIONS.—In order to carry out the (B) compliance, or agreement to comply, with (B) to adhere to the appropriate multilateral purposes set forth in subsection (a), the Presi- import and shipping document requirements export control regime; and dent shall issue regulations prohibiting any with respect to the country of origin, the name (C) not to undermine an existing multilateral United States person, with respect to that per- of the carrier and route of shipment, the name export control regime by exporting controlled son’s activities in the interstate or foreign com- of the supplier of the shipment, or the name of items in a manner inconsistent with the guide- merce of the United States, from taking or the provider of other services, except that, for lines of the regime. knowingly agreeing to take any of the following purposes of applying any exception under this (f) TRANSPARENCY OF MULTILATERAL EXPORT actions with intent to comply with, further, or subparagraph, no information knowingly fur- CONTROL REGIMES.— support any boycott fostered or imposed by a nished or conveyed in response to such require- (1) PUBLICATION OF INFORMATION ON EACH EX- foreign country against a country that is friend- ments may be stated in negative, blacklisting, or ISTING REGIME.—Not later than 120 days after ly to the United States and is not itself the ob- similar exclusionary terms, other than with re- the date of enactment of this Act, the Secretary ject of any form of boycott pursuant to United spect to carriers or route of shipment as may be shall, for each multilateral export control re- States law or regulation: permitted by such regulations in order to comply gime, to the extent that it is not inconsistent (A) Refusing, or requiring any other person to with precautionary requirements protecting with the arrangements of that regime (in the refuse, to do business with or in the boycotted against war risks and confiscation; judgment of the Secretary of State) or with the country, with any business concern organized (C) compliance, or agreement to comply, in the national interest, publish in the Federal Reg- under the laws of the boycotted country, with normal course of business with the unilateral ister and post on the Department of Commerce any national or resident of the boycotted coun- and specific selection by a boycotting country, website the following information with respect try, or with any other person, pursuant to an or a national or resident thereof, or carriers, in- to the regime: agreement with, or requirement of, or a request surers, suppliers of services to be performed (A) The purposes of the regime. from or on behalf of the boycotting country within the boycotting country, or specific items (B) The members of the regime. (subject to the condition that the intent required which, in the normal course of business, are (C) The export licensing policy of the regime. to be associated with such an act in order to identifiable by source when imported into the (D) The items that are subject to export con- constitute a violation of the prohibition is not boycotting country; trols under the regime, together with all public indicated solely by the mere absence of a busi- (D) compliance, or agreement to comply, with notes, understandings, and other aspects of the ness relationship with or in the boycotted coun- export requirements of the boycotting country agreement of the regime, and all changes there- try, with any business concern organized under relating to shipment or transshipment of exports to. the laws of the boycotted country, with any na- to the boycotted country, to any business con- (E) Any countries, end uses, or end users that tional or resident of the boycotted country, or cern of or organized under the laws of the boy- are subject to the export controls of the regime. with any other person). cotted country, or to any national or resident of (F) Rules of interpretation. (B) Refusing, or requiring any other person to the boycotted country; (G) Major policy actions. refuse, to employ or otherwise discriminate (E) compliance by an individual, or agreement (H) The rules and procedures of the regime for against any United States person on the basis of by an individual to comply, with the immigra- establishing and modifying any matter described the race, religion, sex, or national origin of that tion or passport requirements of any country in subparagraphs (A) through (G) and for re- person or of any owner, officer, director, or em- with respect to such individual or any member viewing export license applications. ployee of such person. of such individual’s family or with requests for (2) NEW REGIMES.—Not later than 60 days (C) Furnishing information with respect to the information regarding requirements of employ- after the United States joins or organizes a new race, religion, sex, or national origin of any ment of such individual within the boycotting multilateral export control regime, the Secretary United States person or of any owner, officer, country; and (F) compliance by a United States person resi- shall, to the extent that it is not inconsistent director, or employee of such person. dent in a foreign country, or agreement by such with arrangements under the regime (in the (D) Furnishing information (other than fur- a person to comply, with the laws of the country judgment of the Secretary of State) or with the nishing normal business information in a com- with respect to the person’s activities exclusively national interest, publish in the Federal Reg- mercial context, as defined by the Secretary) therein, and such regulations may contain ex- ister and post on the Department of Commerce about whether any person has, has had, or pro- ceptions for such resident complying with the website the information described in subpara- poses to have any business relationship (includ- laws or regulations of the foreign country gov- graphs (A) through (H) of paragraph (1) with ing a relationship by way of sale, purchase, erning imports into such country of respect to the regime. legal or commercial representation, shipping or trademarked, trade-named, or similarly specifi- (3) PUBLICATION OF CHANGES.—Not later than other transport, insurance, investment, or sup- cally identifiable products, or components of 60 days after a multilateral export control re- ply) with or in the boycotted country, with any products for such person’s own use, including gime adopts any change in the information pub- business concern organized under the laws of the performance of contractual services within lished under this subsection, the Secretary shall, the boycotted country, with any national or that country. to the extent not inconsistent with the arrange- resident of the boycotted country, or with any (3) LIMITATION ON EXCEPTIONS.—Regulations ments under the regime or the national interest, other person that is known or believed to be re- publish such changes in the Federal Register issued pursuant to paragraphs (2)(C) and (2)(F) stricted from having any business relationship shall not provide exceptions from paragraphs and post such changes on the Department of with or in the boycotting country. Commerce website. (1)(B) and (1)(C). (E) Furnishing information about whether (4) ANTITRUST AND CIVIL RIGHTS LAWS NOT AF- (g) SUPPORT OF OTHER COUNTRIES’ EXPORT any person is a member of, has made a contribu- FECTED.—Nothing in this subsection may be CONTROL SYSTEMS.—The Secretary is encour- tion to, or is otherwise associated with or in- aged to continue to— construed to supersede or limit the operation of volved in the activities of any charitable or fra- the antitrust or civil rights laws of the United (1) participate in training of, and provide ternal organization which supports the boy- training to, officials of other countries on the States. cotted country. (5) EVASION.—This section applies to any principles and procedures for implementing ef- (F) Paying, honoring, confirming, or other- transaction or activity undertaken by or fective export controls; and wise implementing a letter of credit which con- through a United States person or any other (2) participate in any such training provided tains any condition or requirement the compli- person with intent to evade the provisions of by other departments and agencies of the United ance with which is prohibited by regulations this section or the regulations issued pursuant States. issued pursuant to this paragraph, and no to this subsection. The regulations issued pursu- SEC. 502. FOREIGN BOYCOTTS. United States person shall, as a result of the ap- ant to this section shall expressly provide that (a) PURPOSES.—The purposes of this section plication of this paragraph, be obligated to pay the exceptions set forth in paragraph (2) do not are as follows: or otherwise honor or implement such letter of permit activities or agreements (expressed or im- (1) To counteract restrictive trade practices or credit. plied by a course of conduct, including a pat- boycotts fostered or imposed by foreign countries (2) EXCEPTIONS.—Regulations issued pursuant tern of responses) that are otherwise prohibited, against other countries friendly to the United to paragraph (1) shall provide exceptions for— pursuant to the intent of such exceptions. States or against any United States person. (A) compliance, or agreement to comply, with (c) ADDITIONAL REGULATIONS AND REPORTS.— (2) To encourage and, in specified cases, re- requirements— (1) REGULATIONS.—In addition to the regula- quire United States persons engaged in the ex- (i) prohibiting the import of items from the tions issued pursuant to subsection (b), regula- port of items to refuse to take actions, including boycotted country or items produced or pro- tions issued pursuant to title III shall implement furnishing information or entering into or im- vided, by any business concern organized under the purposes set forth in subsection (a). plementing agreements, which have the effect of the laws of the boycotted country or by nation- (2) REPORTS BY UNITED STATES PERSONS.—The furthering or supporting the restrictive trade als or residents of the boycotted country; or regulations shall require that any United States

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00017 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 16276 CONGRESSIONAL RECORD—SENATE September 4, 2001 person receiving a request to furnish informa- feiture), to the same extent as property subject (F) section 16 of the Trading with the Enemy tion, enter into or implement an agreement, or to forfeiture under that chapter. Act (50 U.S.C. App. 16), take any other action referred to in subsection (c) CIVIL PENALTIES; ADMINISTRATIVE SANC- (G) any regulation, license, or order issued (a) shall report that request to the Secretary, to- TIONS.— under any provision of law listed in subpara- gether with any other information concerning (1) CIVIL PENALTIES.—The Secretary may im- graph (A), (B), (C), (D), (E), or (F), the request that the Secretary determines appro- pose a civil penalty of up to $500,000 for each (H) section 371 or 1001 of title 18, United priate. The person shall also submit to the Sec- violation of a provision of this Act or any regu- States Code, if in connection with the export of retary a statement regarding whether the person lation, license, or order issued under this Act. A controlled items under this Act or any regula- intends to comply, and whether the person has civil penalty under this paragraph may be in tion, license, or order issued under the Inter- complied, with the request. Any report filed pur- addition to, or in lieu of, any other liability or national Emergency Economic Powers Act, or suant to this paragraph shall be made available penalty which may be imposed for such a viola- the export of items controlled under the Arms promptly for public inspection and copying, ex- tion. Export Control Act, cept that information regarding the quantity, (2) DENIAL OF EXPORT PRIVILEGES.—The Sec- (I) section 175 of title 18, United States Code, description, and value of any item to which retary may deny the export privileges of any (J) a provision of the Atomic Energy Act (42 such report relates may be treated as confiden- person, including the suspension or revocation U.S.C. 201 et seq.), tial if the Secretary determines that disclosure of the authority of such person to export or re- (K) section 831 of title 18, United States Code, of that information would place the United ceive United States-origin items subject to this or States person involved at a competitive dis- Act, for a violation of a provision of this Act or (L) section 2332a of title 18, United States advantage. The Secretary shall periodically any regulation, license, or order issued under Code, transmit summaries of the information con- this Act. may, at the discretion of the Secretary, be de- tained in the reports to the Secretary of State (3) EXCLUSION FROM PRACTICE.—The Sec- nied export privileges under this Act for a period for such action as the Secretary of State, in con- retary may exclude any person acting as an at- not to exceed 10 years from the date of the con- sultation with the Secretary, considers appro- torney, accountant, consultant, freight for- viction. The Secretary may also revoke any ex- priate to carry out the purposes set forth in sub- warder, or in any other representative capacity port license under this Act in which such person section (a). from participating before the Department with had an interest at the time of the conviction. (d) PREEMPTION.—The provisions of this sec- respect to a license application or any other (2) RELATED PERSONS.—The Secretary may ex- tion and the regulations issued under this sec- matter under this Act. ercise the authority under paragraph (1) with tion shall preempt any law, rule, or regulation (d) PAYMENT OF CIVIL PENALTIES.— respect to any person related through affili- that— (1) PAYMENT AS CONDITION OF FURTHER EX- ation, ownership, control, or position of respon- (1) is a law, rule, or regulation of any of the PORT PRIVILEGES.—The payment of a civil pen- sibility to a person convicted of any violation of several States or the District of Columbia, or alty imposed under subsection (c) may be made a law set forth in paragraph (1) upon a showing any of the territories or possessions of the a condition for the granting, restoration, or con- of such relationship with the convicted person. United States, or of any governmental subdivi- tinuing validity of any export license, permis- The Secretary shall make such showing only sion thereof; and sion, or privilege granted or to be granted to the after providing notice and opportunity for a (2) pertains to participation in, compliance person upon whom such penalty is imposed. The hearing. with, implementation of, or the furnishing of in- period for which the payment of a penalty may (g) STATUTE OF LIMITATIONS.— formation regarding restrictive trade practices be made such a condition may not exceed 1 year (1) IN GENERAL.—Except as provided in para- or boycotts fostered or imposed by foreign coun- after the date on which the payment is due. graph (2), a proceeding in which a civil penalty tries against other countries. (2) DEFERRAL OR SUSPENSION.— or other administrative sanction (other than a (A) IN GENERAL.—The payment of a civil pen- temporary denial order) is sought under sub- SEC. 503. PENALTIES. alty imposed under subsection (c) may be de- section (c) may not be instituted more than 5 (a) CRIMINAL PENALTIES.— ferred or suspended in whole or in part for a pe- years after the later of the date of the alleged (1) VIOLATIONS BY AN INDIVIDUAL.—Any indi- riod no longer than any probation period violation or the date of discovery of the alleged vidual who willfully violates, conspires to vio- (which may exceed 1 year) that may be imposed violation. late, or attempts to violate any provision of this upon the person on whom the penalty is im- (2) EXCEPTION.— Act or any regulation, license, or order issued posed. (A) TOLLING.—In any case in which a crimi- under this Act shall be fined up to 10 times the (B) NO BAR TO COLLECTION OF PENALTY.—A nal indictment alleging a violation under sub- value of the exports involved or $1,000,000, deferral or suspension under subparagraph (A) section (a) is returned within the time limits pre- whichever is greater, imprisoned for not more shall not operate as a bar to the collection of the scribed by law for the institution of such action, than 10 years, or both, for each violation. penalty concerned in the event that the condi- the limitation under paragraph (1) for bringing (2) VIOLATIONS BY A PERSON OTHER THAN AN tions of the suspension, deferral, or probation a proceeding to impose a civil penalty or other INDIVIDUAL.—Any person other than an indi- are not fulfilled. administrative sanction under this section shall, vidual who willfully violates, conspires to vio- (3) TREATMENT OF PAYMENTS.—Any amount upon the return of the criminal indictment, be late, or attempts to violate any provision of this paid in satisfaction of a civil penalty imposed tolled against all persons named as a defendant. Act or any regulation, license, or order issued under subsection (c) shall be covered into the (B) DURATION.—The tolling of the limitation under this Act shall be fined up to 10 times the Treasury as miscellaneous receipts. with respect to a defendant under subparagraph value of the exports involved or $5,000,000, (e) REFUNDS.— (A) as a result of a criminal indictment shall whichever is greater, for each violation. (1) AUTHORITY.— continue for a period of 6 months from the date (b) FORFEITURE OF PROPERTY INTEREST AND (A) IN GENERAL.—The Secretary may, in the on which the conviction of the defendant be- PROCEEDS.— Secretary’s discretion, refund any civil penalty comes final, the indictment against the defend- (1) FORFEITURE.—Any person who is con- imposed under subsection (c) on the ground of a ant is dismissed, or the criminal action has con- victed under paragraph (1) or (2) of subsection material error of fact or law in imposition of the cluded. (a) shall, in addition to any other penalty, for- penalty. (h) VIOLATIONS DEFINED BY REGULATION.— feit to the United States— (B) LIMITATION.—A civil penalty may not be Nothing in this section shall limit the authority (A) any of that person’s security or other in- refunded under subparagraph (A) later than 2 of the Secretary to define by regulation viola- terest in, claim against, or property or contrac- years after payment of the penalty. tions under this Act. tual rights of any kind in the tangible items (2) PROHIBITION ON ACTIONS FOR REFUND.— (i) CONSTRUCTION.—Nothing in subsection (c), that were the subject of the violation; Notwithstanding section 1346(a) of title 28, (d), (e), (f), or (g) limits— (B) any of that person’s security or other in- United States Code, no action for the refund of (1) the availability of other administrative or terest in, claim against, or property or contrac- any civil penalty referred to in paragraph (1) judicial remedies with respect to a violation of a tual rights of any kind in the tangible property may be maintained in any court. provision of this Act, or any regulation, order, that was used in the export or attempt to export (f) EFFECT OF OTHER CONVICTIONS.— or license issued under this Act; that was the subject of the violation; and (1) DENIAL OF EXPORT PRIVILEGES.—Any per- (2) the authority to compromise and settle ad- (C) any of that person’s property constituting, son convicted of a violation of— ministrative proceedings brought with respect to or derived from, any proceeds obtained directly (A) a provision of this Act or the Export Ad- any such violation; or or indirectly as a result of the violation. ministration Act of 1979, (3) the authority to compromise, remit, or miti- (2) PROCEDURES.—The procedures in any for- (B) a provision of the International Emer- gate seizures and forfeitures pursuant to section feiture under this subsection, and the duties gency Economic Powers Act (50 U.S.C. 1701 et 1(b) of title VI of the Act of June 15, 1917 (22 and authority of the courts of the United States seq.), U.S.C. 401(b)). and the Attorney General with respect to any (C) section 793, 794, or 798 of title 18, United SEC. 504. MISSILE PROLIFERATION CONTROL VIO- forfeiture action under this subsection, or with States Code, LATIONS. respect to any property that may be subject to (D) section 4(b) of the Internal Security Act of (a) VIOLATIONS BY UNITED STATES PERSONS.— forfeiture under this subsection, shall be gov- 1950 (50 U.S.C. 783(b)), (1) SANCTIONS.— erned by the provisions of chapter 46 of title 18, (E) section 38 of the Arms Export Control Act (A) IN GENERAL.—If the President determines United States Code (relating to criminal for- (22 U.S.C. 2778), that a United States person knowingly—

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00018 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16277 (i) exports, transfers, or otherwise engages in riod of not less than 2 years, licenses for the (i) under existing contracts or subcontracts, the trade of any item on the MTCR Annex, in transfer to such foreign person of items the ex- including the exercise of options for production violation of the provisions of section 38 (22 port of which is controlled under this Act. quantities to satisfy requirements essential to U.S.C. 2778) or chapter 7 of the Arms Export (iii) If, in addition to actions taken under the national security of the United States; Control Act, title II or III of this Act, or any clauses (i) and (ii), the President determines (ii) if the President determines that the person regulations or orders issued under any such pro- that the export, transfer, or trade has substan- to which the sanctions would be applied is a visions, tially contributed to the design, development, or sole source supplier of the defense articles and (ii) conspires to or attempts to engage in such production of missiles in a country that is not services, that the defense articles or services are export, transfer, or trade, or an MTCR adherent, then the President shall essential to the national security of the United (iii) facilitates such export, transfer, or trade prohibit, for a period of not less than 2 years, States, and that alternative sources are not by any other person, the importation into the United States of prod- readily or reasonably available; or then the President shall impose the applicable ucts produced by that foreign person. (iii) if the President determines that such arti- sanctions described in subparagraph (B). (2) INAPPLICABILITY WITH RESPECT TO MTCR cles or services are essential to the national se- (B) SANCTIONS DESCRIBED.—The sanctions ADHERENTS.—Paragraph (1) does not apply with curity of the United States under defense co- which apply to a United States person under respect to— production agreements or NATO Programs of subparagraph (A) are the following: (A) any export, transfer, or trading activity Cooperation; (i) If the item on the MTCR Annex involved in that is authorized by the laws of an MTCR ad- (B) to products or services provided under the export, transfer, or trade is missile equip- herent, if such authorization is not obtained by contracts entered into before the date on which ment or technology within category II of the misrepresentation or fraud; or the President publishes his intention to impose MTCR Annex, then the President shall deny to (B) any export, transfer, or trade of an item to the sanctions; or such United States person, for a period of 2 an end user in a country that is an MTCR ad- (C) to— years, licenses for the transfer of missile equip- herent. (i) spare parts, (3) EFFECT OF ENFORCEMENT ACTIONS BY MTCR ment or technology controlled under this Act. (ii) component parts, but not finished prod- ADHERENTS.—Sanctions set forth in paragraph (ii) If the item on the MTCR Annex involved ucts, essential to United States products or pro- (1) may not be imposed under this subsection on in the export, transfer, or trade is missile equip- duction, a person with respect to acts described in such ment or technology within category I of the (iii) routine services and maintenance of prod- paragraph or, if such sanctions are in effect MTCR Annex, then the President shall deny to ucts, to the extent that alternative sources are against a person on account of such acts, such such United States person, for a period of not not readily or reasonably available, or sanctions shall be terminated, if an MTCR ad- less than 2 years, all licenses for items the ex- (iv) information and technology essential to herent is taking judicial or other enforcement port of which is controlled under this Act. United States products or production. action against that person with respect to such (2) DISCRETIONARY SANCTIONS.—In the case of (c) DEFINITIONS.—In this section: acts, or that person has been found by the gov- any determination referred to in paragraph (1), (1) MISSILE.—The term ‘‘missile’’ means a cat- ernment of an MTCR adherent to be innocent of the Secretary may pursue any other appropriate egory I system as defined in the MTCR Annex, wrongdoing with respect to such acts. penalties under section 503. and any other unmanned delivery system of (4) ADVISORY OPINIONS.—The Secretary, in (3) WAIVER.—The President may waive the im- similar capability, as well as the specially de- consultation with the Secretary of State and the position of sanctions under paragraph (1) on a signed production facilities for these systems. Secretary of Defense, may, upon the request of person with respect to an item if the President (2) MISSILE TECHNOLOGY CONTROL REGIME; any person, issue an advisory opinion to that certifies to Congress that— MTCR.—The term ‘‘Missile Technology Control person as to whether a proposed activity by that (A) the item is essential to the national secu- Regime’’ or ‘‘MTCR’’ means the policy state- person would subject that person to sanctions rity of the United States; and ment, between the United States, the United under this subsection. Any person who relies in (B) such person is a sole source supplier of the Kingdom, the Federal Republic of Germany, good faith on such an advisory opinion which item, the item is not available from any alter- France, Italy, Canada, and Japan, announced states that the proposed activity would not sub- native reliable supplier, and the need for the on April 16, 1987, to restrict sensitive missile-rel- ject a person to such sanctions, and any person item cannot be met in a timely manner by im- evant transfers based on the MTCR Annex, and who thereafter engages in such activity, may proved manufacturing processes or technological any amendments thereto. not be made subject to such sanctions on ac- developments. (3) MTCR ADHERENT.—The term ‘‘MTCR ad- count of such activity. (b) TRANSFERS OF MISSILE EQUIPMENT OR herent’’ means a country that participates in (5) WAIVER AND REPORT TO CONGRESS.— TECHNOLOGY BY FOREIGN PERSONS.— the MTCR or that, pursuant to an international (A) WAIVER.—In any case other than one in (1) SANCTIONS.— which an advisory opinion has been issued understanding to which the United States is a (A) IN GENERAL.—Subject to paragraphs (3) under paragraph (4) stating that a proposed ac- party, controls MTCR equipment or technology through (7), if the President determines that a tivity would not subject a person to sanctions in accordance with the criteria and standards foreign person, after the date of enactment of under this subsection, the President may waive set forth in the MTCR. this section, knowingly— the application of paragraph (1) to a foreign (4) MTCR ANNEX.—The term ‘‘MTCR Annex’’ (i) exports, transfers, or otherwise engages in person if the President determines that such means the Guidelines and Equipment and Tech- the trade of any MTCR equipment or technology waiver is essential to the national security of nology Annex of the MTCR, and any amend- that contributes to the design, development, or the United States. ments thereto. production of missiles in a country that is not (B) REPORT TO CONGRESS.—In the event that (5) MISSILE EQUIPMENT OR TECHNOLOGY; MTCR an MTCR adherent and would be, if it were the President decides to apply the waiver de- EQUIPMENT OR TECHNOLOGY.—The terms ‘‘mis- United States-origin equipment or technology, scribed in subparagraph (A), the President shall sile equipment or technology’’ and ‘‘MTCR subject to the jurisdiction of the United States so notify Congress not less than 20 working days equipment or technology’’ mean those items list- under this Act, before issuing the waiver. Such notification ed in category I or category II of the MTCR (ii) conspires to or attempts to engage in such shall include a report fully articulating the ra- Annex. export, transfer, or trade, or tionale and circumstances which led the Presi- (6) FOREIGN PERSON.—The term ‘‘foreign per- (iii) facilitates such export, transfer, or trade dent to apply the waiver. son’’ means any person other than a United by any other person, (6) ADDITIONAL WAIVER.—The President may States person. or if the President has made a determination waive the imposition of sanctions under para- (7) PERSON.— with respect to a foreign person under section graph (1) on a person with respect to a product (A) IN GENERAL.—The term ‘‘person’’ means a 73(a) of the Arms Export Control Act, then the or service if the President certifies to the Con- natural person as well as a corporation, busi- President shall impose on that foreign person gress that— ness association, partnership, society, trust, any the applicable sanctions under subparagraph (A) the product or service is essential to the other nongovernmental entity, organization, or (B). national security of the United States; and group, and any governmental entity operating (B) SANCTIONS DESCRIBED.—The sanctions (B) such person is a sole source supplier of the as a business enterprise, and any successor of which apply to a foreign person under subpara- product or service, the product or service is not any such entity. graph (A) are the following: available from any alternative reliable supplier, (B) IDENTIFICATION IN CERTAIN CASES.—In the (i) If the item involved in the export, transfer, and the need for the product or service cannot case of countries where it may be impossible to or trade is within category II of the MTCR be met in a timely manner by improved manu- identify a specific governmental entity referred Annex, then the President shall deny, for a pe- facturing processes or technological develop- to in subparagraph (A), the term ‘‘person’’ riod of 2 years, licenses for the transfer to such ments. means— foreign person of missile equipment or tech- (7) EXCEPTIONS.—The President shall not (i) all activities of that government relating to nology the export of which is controlled under apply the sanction under this subsection prohib- the development or production of any missile this Act. iting the importation of the products of a for- equipment or technology; and (ii) If the item involved in the export, transfer, eign person— (ii) all activities of that government affecting or trade is within category I of the MTCR (A) in the case of procurement of defense arti- the development or production of aircraft, elec- Annex, then the President shall deny, for a pe- cles or defense services— tronics, and space systems or equipment.

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(8) OTHERWISE ENGAGED IN THE TRADE OF.— section (a)(1). The President may delay imposi- (2) NOTIFICATION OF AND REPORT TO CON- The term ‘‘otherwise engaged in the trade of’’ tion of sanctions for an additional period of up GRESS.—If the President decides to exercise the means, with respect to a particular export or to 90 days if the President determines and cer- waiver authority provided in paragraph (1), the transfer, to be a freight forwarder or designated tifies to Congress that government is in the proc- President shall so notify the Congress not less exporting agent, or a consignee or end user of ess of taking the actions described in the pre- than 20 days before the waiver takes effect. the item to be exported or transferred. ceding sentence. Such notification shall include a report fully ar- SEC. 505. CHEMICAL AND BIOLOGICAL WEAPONS (3) REPORT TO CONGRESS.—The President shall ticulating the rationale and circumstances PROLIFERATION SANCTIONS. report to Congress, not later than 90 days after which led the President to exercise the waiver (a) IMPOSITION OF SANCTIONS.— making a determination under subsection (a)(1), authority. (1) DETERMINATION BY THE PRESIDENT.—Ex- on the status of consultations with the appro- (f) DEFINITION OF FOREIGN PERSON.—For the cept as provided in subsection (b)(2), the Presi- priate government under this subsection, and purposes of this section, the term ‘‘foreign per- dent shall impose both of the sanctions de- the basis for any determination under para- son’’ means— scribed in subsection (c) if the President deter- graph (2) of this subsection that such govern- (1) an individual who is not a citizen of the mines that a foreign person, on or after the date ment has taken specific corrective actions. United States or an alien admitted for perma- of enactment of this section, has knowingly and (c) SANCTIONS.— nent residence to the United States; or (2) a corporation, partnership, or other entity materially contributed— (1) DESCRIPTION OF SANCTIONS.—The sanc- which is created or organized under the laws of (A) through the export from the United States tions to be imposed pursuant to subsection (a)(1) a foreign country or which has its principal of any item that is subject to the jurisdiction of are, except as provided in paragraph (2) of this place of business outside the United States. the United States under this Act, or subsection, the following: (B) through the export from any other coun- (A) PROCUREMENT SANCTION.—The United SEC. 506. ENFORCEMENT. try of any item that would be, if it were a States Government shall not procure, or enter (a) GENERAL AUTHORITY AND DESIGNATION.— (1) POLICY GUIDANCE ON ENFORCEMENT.—The United States item, subject to the jurisdiction of into any contract for the procurement of, any Secretary, in consultation with the Secretary of the United States under this Act, goods or services from any person described in the Treasury and the heads of other depart- to the efforts by any foreign country, project, or subsection (a)(3). (B) IMPORT SANCTIONS.—The importation into ments and agencies that the Secretary considers entity described in paragraph (2) to use, de- the United States of products produced by any appropriate, shall be responsible for providing velop, produce, stockpile, or otherwise acquire person described in subsection (a)(3) shall be policy guidance on the enforcement of this Act. chemical or biological weapons. prohibited. (2) GENERAL AUTHORITIES.— (2) COUNTRIES, PROJECTS, OR ENTITIES RECEIV- (A) EXERCISE OF AUTHORITY.—To the extent (2) EXCEPTIONS.—The President shall not be ING ASSISTANCE.—Paragraph (1) applies in the required to apply or maintain sanctions under necessary or appropriate to the enforcement of case of— this section— this Act, officers and employees of the Depart- (A) any foreign country that the President de- (A) in the case of procurement of defense arti- ment designated by the Secretary, officers and termines has, at any time after the date of en- cles or defense services— employees of the United States Customs Service actment of this Act— (i) under existing contracts or subcontracts, designated by the Commissioner of Customs, and (i) used chemical or biological weapons in vio- including the exercise of options for production officers and employees of any other department lation of international law; quantities to satisfy United States operational or agency designated by the head of a depart- (ii) used lethal chemical or biological weapons military requirements; ment or agency exercising functions under this against its own nationals; or (ii) if the President determines that the person Act, may exercise the enforcement authority (iii) made substantial preparations to engage or other entity to which the sanctions would under paragraph (3). in the activities described in clause (i) or (ii); otherwise be applied is a sole source supplier of (B) CUSTOMS SERVICE.—In carrying out en- (B) any foreign country whose government is the defense articles or services, that the defense forcement authority under paragraph (3), the determined for purposes of section 310 to be a articles or services are essential, and that alter- Commissioner of Customs and employees of the government that has repeatedly provided sup- native sources are not readily or reasonably United States Customs Service designated by the port for acts of international terrorism; or available; or Commissioner may make investigations within (C) any other foreign country, project, or enti- (iii) if the President determines that such arti- or outside the United States and at ports of ty designated by the President for purposes of cles or services are essential to the national se- entry into or exit from the United States where this section. curity under defense coproduction agreements; officers of the United States Customs Service are (3) PERSONS AGAINST WHICH SANCTIONS ARE TO (B) to products or services provided under authorized by law to carry out law enforcement BE IMPOSED.—Sanctions shall be imposed pursu- contracts entered into before the date on which responsibilities. Subject to paragraph (3), the ant to paragraph (1) on— the President publishes his intention to impose United States Customs Service is authorized, in (A) the foreign person with respect to which sanctions; the enforcement of this Act, to search, detain the President makes the determination described (C) to— (after search), and seize items at the ports of in that paragraph; (i) spare parts, entry into or exit from the United States where (B) any successor entity to that foreign per- (ii) component parts, but not finished prod- officers of the United States Customs Service are son; ucts, essential to United States products or pro- authorized by law to conduct searches, deten- (C) any foreign person that is a parent or sub- duction, or tions, and seizures, and at the places outside the sidiary of that foreign person if that parent or (iii) routine servicing and maintenance of United States where the United States Customs subsidiary knowingly assisted in the activities products, to the extent that alternative sources Service, pursuant to agreement or other ar- which were the basis of that determination; and are not readily or reasonably available; rangement with other countries, is authorized to (D) any foreign person that is an affiliate of (D) to information and technology essential to perform enforcement activities. that foreign person if that affiliate knowingly United States products or production; or (C) OTHER EMPLOYEES.—In carrying out en- assisted in the activities which were the basis of (E) to medical or other humanitarian items. forcement authority under paragraph (3), the that determination and if that affiliate is con- (d) TERMINATION OF SANCTIONS.—The sanc- Secretary and officers and employees of the De- trolled in fact by that foreign person. tions imposed pursuant to this section shall partment designated by the Secretary may make (b) CONSULTATIONS WITH AND ACTIONS BY apply for a period of at least 12 months fol- investigations within the United States, and FOREIGN GOVERNMENT OF JURISDICTION.— lowing the imposition of sanctions and shall may conduct, outside the United States, pre-li- (1) CONSULTATIONS.—If the President makes cease to apply thereafter only if the President cense and post-shipment verifications of con- the determinations described in subsection (a)(1) determines and certifies to the Congress that re- trolled items and investigations in the enforce- with respect to a foreign person, Congress urges liable information indicates that the foreign per- ment of section 502. The Secretary and officers the President to initiate consultations imme- son with respect to which the determination was and employees of the Department designated by diately with the government with primary juris- made under subsection (a)(1) has ceased to aid the Secretary are authorized to search, detain diction over that foreign person with respect to or abet any foreign government, project, or enti- (after search), and seize items at places within the imposition of sanctions pursuant to this sec- ty in its efforts to acquire chemical or biological the United States other than ports referred to in tion. weapons capability as described in that sub- subparagraph (B). The search, detention (after (2) ACTIONS BY GOVERNMENT OF JURISDIC- section. search), or seizure of items at the ports and TION.—In order to pursue such consultations (e) WAIVER.— places referred to in subparagraph (B) may be with that government, the President may delay (1) CRITERION FOR WAIVER.—The President conducted by officers and employees of the De- imposition of sanctions pursuant to this section may waive the application of any sanction im- partment only with the concurrence of the Com- for a period of up to 90 days. Following the con- posed on any person pursuant to this section, missioner of Customs or a person designated by sultations, the President shall impose sanctions after the end of the 12-month period beginning the Commissioner. unless the President determines and certifies to on the date on which that sanction was imposed (D) AGREEMENTS AND ARRANGEMENTS.—The Congress that government has taken specific on that person, if the President determines and Secretary and the Commissioner of Customs may and effective actions, including appropriate certifies to Congress that such waiver is impor- enter into agreements and arrangements for the penalties, to terminate the involvement of the tant to the national security interests of the enforcement of this Act, including foreign inves- foreign person in the activities described in sub- United States. tigations and information exchange.

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(3) SPECIFIC AUTHORITIES.— able cause to believe the item has been, is being, States Code, and section 3302 of title 31, United (A) ACTIONS BY ANY DESIGNATED PERSONNEL.— or is about to be exported from or transited States Code; and Any officer or employee designated under para- through the United States in violation of this (D) the proceeds from undercover operations graph (2), in carrying out the enforcement au- Act. may be used to offset necessary and reasonable thority under this Act, may do the following: (4) OTHER AUTHORITIES NOT AFFECTED.—The expenses incurred in such operations without (i) Make investigations of, obtain information authorities conferred by this section are in addi- regard to the provisions of section 3302 of title from, make inspection of any books, records, or tion to any authorities conferred under other 31, United States Code, reports (including any writings required to be laws. if the Director of OEE (or an officer or employee kept by the Secretary), premises, or property of, (b) FORFEITURE.— designated by the Director) certifies, in writing, and take the sworn testimony of, any person. (1) IN GENERAL.—Any tangible items lawfully that the action authorized by subparagraph (A), (ii) Administer oaths or affirmations, and by seized under subsection (a) by designated offi- (B), (C), or (D) for which the funds would be subpoena require any person to appear and tes- cers or employees shall be subject to forfeiture to used is necessary for the conduct of the under- tify or to appear and produce books, records, the United States. cover operation. and other writings, or both. In the case of con- (2) APPLICABLE LAWS.—Those provisions of (2) DISPOSITION OF BUSINESS ENTITIES.—If a tumacy by, or refusal to obey a subpoena issued law relating to— corporation or business entity established or ac- to, any such person, a district court of the (A) the seizure, summary and judicial for- quired as part of an undercover operation has a United States, on request of the Attorney Gen- feiture, and condemnation of property for viola- net value of more than $250,000 and is to be liq- eral and after notice to any such person and a tions of the customs laws; uidated, sold, or otherwise disposed of, the Di- hearing, shall have jurisdiction to issue an order (B) the disposition of such property or the rector of OEE shall report the circumstances to requiring such person to appear and give testi- proceeds from the sale thereof; the Secretary and the Comptroller General of mony or to appear and produce books, records, (C) the remission or mitigation of such forfeit- the United States as much in advance of such and other writings, or both. Any failure to obey ures; and disposition as the Director of the OEE (or the such order of the court may be punished by such (D) the compromise of claims, Director’s designee) determines is practicable. court as a contempt thereof. The attendance of shall apply to seizures and forfeitures incurred, The proceeds of the liquidation, sale, or other witnesses and the production of documents pro- or alleged to have been incurred, under the pro- disposition, after obligations incurred by the vided for in this clause may be required from visions of this subsection, insofar as applicable corporation or business enterprise are met, shall any State, the District of Columbia, or in any and not inconsistent with this Act. be deposited in the Treasury of the United territory of the United States at any designated (3) FORFEITURES UNDER CUSTOMS LAWS.—Du- States as miscellaneous receipts. Any property place. Witnesses subpoenaed under this sub- ties that are imposed upon a customs officer or or equipment purchased pursuant to paragraph section shall be paid the same fees and mileage any other person with respect to the seizure and (1) may be retained for subsequent use in under- allowance as paid witnesses in the district forfeiture of property under the customs laws cover operations under this section. When such courts of the United States. may be performed with respect to seizures and property or equipment is no longer needed, it (B) ACTIONS BY OFFICE OF EXPORT ENFORCE- forfeitures of property under this subsection by shall be considered surplus and disposed of as MENT AND CUSTOMS SERVICE PERSONNEL.— the Secretary or any officer or employee of the surplus government property. (i) OFFICE OF EXPORT ENFORCEMENT AND CUS- Department that may be authorized or des- (3) DEPOSIT OF PROCEEDS.—As soon as the TOMS SERVICE PERSONNEL.—Any officer or em- ignated for that purpose by the Secretary (or by proceeds from an OEE undercover investigative ployee of the Office of Export Enforcement of the Commissioner of Customs or any officer or operation with respect to which an action is au- the Department of Commerce (in this Act re- employee of the United States Customs Service thorized and carried out under this subsection ferred to as ‘‘OEE’’) who is designated by the designated by the Commissioner), or, upon the are no longer needed for the conduct of such op- Secretary under paragraph (2), and any officer request of the Secretary, by any other agency eration, the proceeds or the balance of the pro- or employee of the United States Customs Serv- that has authority to manage and dispose of ceeds remaining at the time shall be deposited ice who is designated by the Commissioner of seized property. into the Treasury of the United States as mis- Customs under paragraph (2), may do the fol- (c) REFERRAL OF CASES.—All cases involving cellaneous receipts. lowing in carrying out the enforcement author- violations of this Act shall be referred to the (4) AUDIT AND REPORT.— ity under this Act: Secretary for purposes of determining civil pen- (A) AUDIT.—The Director of OEE shall con- (I) Execute any warrant or other process alties and administrative sanctions under sec- duct a detailed financial audit of each closed issued by a court or officer of competent juris- tion 503 or to the Attorney General for criminal OEE undercover investigative operation and diction with respect to the enforcement of this action in accordance with this Act or to both shall submit the results of the audit in writing Act. the Secretary and the Attorney General. to the Secretary. Not later than 180 days after (II) Make arrests without warrant for any (d) UNDERCOVER INVESTIGATION OPER- an undercover operation is closed, the Secretary violation of this Act committed in his or her ATIONS.— shall submit to Congress a report on the results presence or view, or if the officer or employee (1) USE OF FUNDS.—With respect to any un- of the audit. has probable cause to believe that the person to dercover investigative operation conducted by (B) REPORT.—The Secretary shall submit an- be arrested has committed, is committing, or is the OEE that is necessary for the detection and nually to Congress a report, which may be in- about to commit such a violation. prosecution of violations of this Act— cluded in the annual report under section 701, (III) Carry firearms. (A) funds made available for export enforce- specifying the following information: (ii) OEE PERSONNEL.—Any officer or employee ment under this Act may be used to purchase (i) The number of undercover investigative op- of the OEE designated by the Secretary under property, buildings, and other facilities, and to erations pending as of the end of the period for paragraph (2) shall exercise the authority set lease equipment, conveyances, and space within which such report is submitted. forth in clause (i) pursuant to guidelines ap- the United States, without regard to sections (ii) The number of undercover investigative proved by the Attorney General. 1341 and 3324 of title 31, United States Code, the operations commenced in the 1-year period pre- (C) OTHER ACTIONS BY CUSTOMS SERVICE PER- third undesignated paragraph under the head- ceding the period for which such report is sub- SONNEL.—Any officer or employee of the United ing of ‘‘miscellaneous’’ of the Act of March 3, mitted. States Customs Service designated by the Com- 1877, (40 U.S.C. 34), sections 3732(a) and 3741 of (iii) The number of undercover investigative missioner of Customs under paragraph (2) may the Revised Statutes of the United States (41 operations closed in the 1-year period preceding do the following in carrying out the enforcement U.S.C. 11(a) and 22), subsections (a) and (c) of the period for which such report is submitted authority under this Act: section 304 of the Federal Property and Admin- and, with respect to each such closed under- (i) Stop, search, and examine a vehicle, vessel, istrative Services Act of 1949 (41 U.S.C. 254 (a) cover operation, the results obtained and any aircraft, or person on which or whom the officer and (c)), and section 305 of the Federal Property civil claims made with respect to the operation. or employee has reasonable cause to suspect and Administrative Services Act of 1949 (41 (5) DEFINITIONS.—For purposes of paragraph there is any item that has been, is being, or is U.S.C. 255); (4)— about to be exported from or transited through (B) funds made available for export enforce- (A) the term ‘‘closed’’, with respect to an un- the United States in violation of this Act. ment under this Act may be used to establish or dercover investigative operation, refers to the (ii) Detain and search any package or con- to acquire proprietary corporations or business earliest point in time at which all criminal pro- tainer in which the officer or employee has rea- entities as part of an undercover operation, and ceedings (other than appeals) pursuant to the sonable cause to suspect there is any item that to operate such corporations or business entities investigative operation are concluded, or covert has been, is being, or is about to be exported on a commercial basis, without regard to sec- activities pursuant to such operation are con- from or transited through the United States in tions 1341, 3324, and 9102 of title 31, United cluded, whichever occurs later; and violation of this Act. States Code; (B) the terms ‘‘undercover investigative oper- (iii) Detain (after search) or seize any item, (C) funds made available for export enforce- ation’’ and ‘‘undercover operation’’ mean any for purposes of securing for trial or forfeiture to ment under this Act and the proceeds from un- undercover investigative operation conducted by the United States, on or about such vehicle, ves- dercover operations may be deposited in banks the OEE— sel, aircraft, or person or in such package or or other financial institutions without regard to (i) in which the gross receipts (excluding in- container, if the officer or employee has prob- the provisions of section 648 of title 18, United terest earned) exceed $25,000, or expenditures

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00021 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 16280 CONGRESSIONAL RECORD—SENATE September 4, 2001 (other than expenditures for salaries of employ- gram for verifying the end use of items subject (B) the ongoing professional training of expe- ees) exceed $75,000, and to controls under this Act. rienced employees on an as needed basis. (ii) which is exempt from section 3302 or 9102 (j) ENHANCED COOPERATION WITH UNITED (p) AUTHORIZATION.— of title 31, United States Code, except that STATES CUSTOMS SERVICE.—Consistent with the (1) IN GENERAL.—There are authorized to be clauses (i) and (ii) shall not apply with respect purposes of this Act, the Secretary is authorized appropriated to the Department of Commerce to to the report to Congress required by paragraph to undertake, in cooperation with the United carry out the purposes of this Act— (4)(B). States Customs Service, such measures as may (A) $72,000,000 for the fiscal year 2002, of (e) WIRETAPS.— be necessary or required to enhance the ability which no less than $27,701,000 shall be used for (1) AUTHORITY.—Interceptions of communica- of the United States to detect unlawful exports compliance and enforcement activities; tions in accordance with section 2516 of title 18, and to enforce violations of this Act. (B) $73,000,000 for the fiscal year 2003, of United States Code, are authorized to further (k) REFERENCE TO ENFORCEMENT.—For pur- which no less than $28,312,000 shall be used for the enforcement of this Act. poses of this section, a reference to the enforce- compliance and enforcement activities; (2) CONFORMING AMENDMENT.—Section 2516(1) ment of this Act or to a violation of this Act in- (C) $74,000,000 for the fiscal year 2004, of of title 18, United States Code, is amended by cludes a reference to the enforcement or a viola- which no less than $28,939,000 shall be used for adding at the end the following: tion of any regulation, license, or order issued compliance and enforcement activities; ‘‘(q)(i) any violation of, or conspiracy to vio- under this Act. (D) $76,000,000 for the fiscal year 2005, of late, the Export Administration Act of 2001 or (l) AUTHORIZATION FOR EXPORT LICENSING which no less than $29,582,000 shall be used for the Export Administration Act of 1979.’’. AND ENFORCEMENT COMPUTER SYSTEM.—There compliance and enforcement activities; and (f) POST-SHIPMENT VERIFICATION.—The Sec- is authorized to be appropriated for the Depart- (E) such additional amounts, for each such retary shall target post-shipment verifications to ment $5,000,000 and such other sums as may be fiscal year, as may be necessary for increases in exports involving the greatest risk to national necessary for planning, design, and procure- salary, pay, retirement, other employee benefits security. ment of a computer system to replace the De- authorized by law, and other nondiscretionary (g) REFUSAL TO ALLOW POST-SHIPMENT partment’s primary export licensing and com- costs. VERIFICATION.— puter enforcement system. (2) LIMITATION.—The authority granted by (1) IN GENERAL.—If an end-user refuses to (m) AUTHORIZATION FOR BUREAU OF EXPORT this Act shall terminate on September 30, 2004, allow post-shipment verification of a controlled ADMINISTRATION.—The Secretary may author- unless the President carries out the following item, the Secretary shall deny a license for the ize, without fiscal year limitation, the expendi- duties: export of any controlled item to such end-user ture of funds transferred to, paid to, received (A) Provides to Congress a detailed report until such post-shipment verification occurs. by, or made available to the Bureau of Export on— (2) RELATED PERSONS.—The Secretary may ex- Administration as a reimbursement in accord- (i) the implementation and operation of this ercise the authority under paragraph (1) with ance with section 9703 of title 31, United States Act; and respect to any person related through affili- Code (as added by Public Law 102–393). The (ii) the operation of United States export con- ation, ownership, control, or position of respon- Secretary may also authorize, without fiscal trols in general. sibility, to any end-user refusing to allow post- year limitation, the expenditure of funds trans- (B)(i) Provides to Congress legislative reform shipment verification of a controlled item. ferred to, paid to, received by, or made available proposals in connection with the report de- (3) REFUSAL BY COUNTRY.—If the country in to the Bureau of Export Administration as a re- scribed in subparagraph (A); or which the end-user is located refuses to allow imbursement from the Department of Justice As- (ii) certifies to Congress that no legislative re- post-shipment verification of a controlled item, sets Forfeiture Fund in accordance with section forms are necessary in connection with such re- the Secretary may deny a license for the export 524 of title 28, United States Code. Such funds port. of that item or any substantially identical or di- shall be deposited in an account and shall re- SEC. 507. ADMINISTRATIVE PROCEDURE. rectly competitive item or class of items to all main available until expended. (a) EXEMPTIONS FROM ADMINISTRATIVE PRO- end-users in that country until such post-ship- (n) AMENDMENTS TO TITLE 31.— CEDURE.—Except as provided in this section, the ment verification is allowed. (1) Section 9703(a) of title 31, United States functions exercised under this Act are excluded (h) FREIGHT FORWARDERS BEST PRACTICES Code (as added by Public Law 102–393) is from the operation of sections 551, 553 through PROGRAM AUTHORIZATION.—There is authorized amended by striking ‘‘or the United States Coast 559, and 701 through 706 of title 5, United States to be appropriated for the Department of Com- Guard’’ and inserting ‘‘, the United States Coast Code. merce $3,500,000 and such sums as may be nec- Guard, or the Bureau of Export Administration (b) PROCEDURES RELATING TO CIVIL PEN- essary to hire 20 additional employees to assist of the Department of Commerce’’. ALTIES AND SANCTIONS.— United States freight forwarders and other in- (2) Section 9703(a)(2)(B)(i) of title 31, United (1) ADMINISTRATIVE PROCEDURES.—Any ad- terested parties in developing and implementing, States Code is amended (as added by Public ministrative sanction imposed under section 503 on a voluntary basis, a ‘‘best practices’’ pro- Law 102–393)— may be imposed only after notice and oppor- gram to ensure that exports of controlled items (A) by striking ‘‘or’’ at the end of subclause tunity for an agency hearing on the record in are undertaken in compliance with this Act. (I); accordance with sections 554 through 557 of title (i) END-USE VERIFICATION AUTHORIZATION.— (B) by inserting ‘‘or’’ at the end of subclause 5, United States Code. The imposition of any (1) IN GENERAL.—There is authorized to be ap- (II); and such administrative sanction shall be subject to propriated for the Department of Commerce (C) by inserting at the end, the following new judicial review in accordance with sections 701 $4,500,000 and such sums as may be necessary to subclause: through 706 of title 5, United States Code, except hire 10 additional overseas investigators to be ‘‘(III) a violation of the Export Administra- that the review shall be initiated in the United posted in the People’s Republic of China, the tion Act of 1979, the Export Administration Act States Court of Appeals for the District of Co- Russian Federation, the Hong Kong Special Ad- of 2001, or any regulation, license, or order lumbia Circuit, which shall have jurisdiction of ministrative Region, the Republic of India, issued under those Acts;’’. the review. Singapore, Egypt, and Taiwan, or any other (3) Section 9703(p)(1) of title 31, United States (2) AVAILABILITY OF CHARGING LETTER.—Any place the Secretary deems appropriate, for the Code (as added by Public Law 102–393) is charging letter or other document initiating ad- purpose of verifying the end use of high-risk, amended by adding at the end the following: ministrative proceedings for the imposition of dual-use technology. ‘‘In addition, for purposes of this section, the sanctions for violations of the regulations issued (2) REPORT.—Not later than 2 years after the Bureau of Export Administration of the Depart- under section 502 shall be made available for date of enactment of this Act and annually ment of Commerce shall be considered to be a public inspection and copying. thereafter, the Department shall, in its annual Department of the Treasury law enforcement or- (c) COLLECTION.—If any person fails to pay a report to Congress on export controls, include a ganization.’’. civil penalty imposed under section 503, the Sec- report on the effectiveness of the end-use (o) AUTHORIZATION FOR LICENSE REVIEW OF- retary may ask the Attorney General to com- verification activities authorized under sub- FICERS.— mence a civil action in an appropriate district section (a). The report shall include the fol- (1) IN GENERAL.—There is authorized to be ap- court of the United States to recover the amount lowing information: propriated to the Department of Commerce imposed (plus interest at currently prevailing (A) The activities of the overseas investigators $2,000,000 to hire additional license review offi- rates from the date of the final order). No such of the Department. cers. action may be commenced more than 5 years (B) The types of goods and technologies that (2) TRAINING.—There is authorized to be ap- after the order imposing the civil penalty be- were subject to end-use verification. propriated to the Department of Commerce comes final. In such an action, the validity, (C) The ability of the Department’s investiga- $2,000,000 to conduct professional training of li- amount, and appropriateness of such penalty tors to detect the illegal transfer of high risk, cense review officers, auditors, and investigators shall not be subject to review. dual-use goods and technologies. conducting post-shipment verification checks. (d) IMPOSITION OF TEMPORARY DENIAL OR- (3) ENHANCEMENTS.—In addition to the au- These funds shall be used to— DERS.— thorization provided in paragraph (1), there is (A) train and certify, through a formal pro- (1) GROUNDS FOR IMPOSITION.—In any case in authorized to be appropriated for the Depart- gram, new employees entering these positions which there is reasonable cause to believe that ment of Commerce $5,000,000 to enhance its pro- for the first time; and a person is engaged in or is about to engage in

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00022 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16281 any act or practice which constitutes or would TITLE VI—EXPORT CONTROL AUTHORITY which is deemed confidential, including Ship- constitute a violation of this Act, or any regula- AND REGULATIONS per’s Export Declarations, or with respect to tion, order, or license issued under this Act, in- SEC. 601. EXPORT CONTROL AUTHORITY AND which a request for confidential treatment is cluding any diversion of goods or technology REGULATIONS. made by the person furnishing such informa- from an authorized end use or end user, and in (a) EXPORT CONTROL AUTHORITY.— tion, shall not be subject to disclosure under sec- any case in which a criminal indictment has (1) IN GENERAL.—Unless otherwise reserved to tion 552 of title 5, United States Code, and such been returned against a person alleging a viola- the President or a department (other than the information shall not be published or disclosed, tion of this Act or any of the statutes listed in Department) or agency of the United States, all unless the Secretary determines that the with- section 503, the Secretary may, without a hear- power, authority, and discretion conferred by holding thereof is contrary to the national inter- ing, issue an order temporarily denying that this Act shall be exercised by the Secretary. est. person’s United States export privileges (here- (2) DELEGATION OF FUNCTIONS OF THE SEC- (2) INFORMATION OBTAINED AFTER JUNE 30, after in this subsection referred to as a ‘‘tem- RETARY.—The Secretary may delegate any func- 1980.—Except as otherwise provided by the third porary denial order’’). A temporary denial order tion under this Act, unless otherwise provided, sentence of section 502(c)(2) and by section shall be effective for such period (not in excess to the Under Secretary of Commerce for Export 507(b)(2), information obtained under this Act, of 180 days) as the Secretary specifies in the Administration or to any other officer of the De- under the Export Administration Act of 1979 order, but may be renewed by the Secretary, fol- partment. after June 30, 1980, or under the Export Admin- lowing notice and an opportunity for a hearing, (b) UNDER SECRETARY OF COMMERCE; ASSIST- istration regulations as maintained and amend- for additional periods of not more than 180 days ANT SECRETARIES.— ed under the authority of the International each. (1) UNDER SECRETARY OF COMMERCE.—There Emergency Economic Powers Act (50 U.S.C. (2) ADMINISTRATIVE APPEALS.—The person or shall be within the Department an Under Sec- 1706), may be withheld from disclosure only to persons subject to the issuance or renewal of a retary of Commerce for Export Administration the extent permitted by statute, except that in- temporary denial order may appeal the issuance (in this section referred to as the ‘‘Under Sec- formation submitted, obtained, or considered in or renewal of the temporary denial order, sup- retary’’) who shall be appointed by the Presi- connection with an application for an export li- ported by briefs and other material, to an ad- dent, by and with the advice and consent of the cense or other export authorization (or record- ministrative law judge who shall, within 15 Senate. The Under Secretary shall carry out all keeping or reporting requirement) under the Ex- working days after the appeal is filed, issue a functions of the Secretary under this Act and port Administration Act of 1979, under this Act, decision affirming, modifying, or vacating the other provisions of law relating to national se- or under the Export Administration regulations temporary denial order. The temporary denial curity, as the Secretary may delegate. as maintained and amended under the authority order shall be affirmed if it is shown that— (2) ADDITIONAL ASSISTANT SECRETARIES.—In of the International Emergency Economic Pow- addition to the number of Assistant Secretaries ers Act (50 U.S.C. 1706), including— (A) there is reasonable cause to believe that otherwise authorized for the Department of (A) the export license or other export author- the person subject to the order is engaged in or Commerce, there shall be within the Department ization itself, is about to engage in any act or practice that of Commerce the following Assistant Secretaries (B) classification requests described in section constitutes or would constitute a violation of of Commerce: 401(h), this Act, or any regulation, order, or license (A) An Assistant Secretary for Export Admin- (C) information or evidence obtained in the issued under this Act; or istration who shall be appointed by the Presi- course of any investigation, (B) a criminal indictment has been returned dent, by and with the advice and consent of the (D) information obtained or furnished under against the person subject to the order alleging Senate, and who shall assist the Secretary and title V in connection with any international a violation of this Act or any of the statutes list- the Under Secretary in carrying out functions agreement, treaty, or other obligation, and ed in section 503. relating to export listing and licensing. (E) information obtained in making the deter- (B) An Assistant Secretary for Export En- minations set forth in section 211 of this Act, The decision of the administrative law judge forcement who shall be appointed by the Presi- shall be final unless, within 10 working days and information obtained in any investigation dent, by and with the advice and consent of the after the date of the administrative law judge’s of an alleged violation of section 502 of this Act Senate, and who shall assist the Secretary and decision, an appeal is filed with the Secretary. except for information required to be disclosed the Under Secretary in carrying out functions On appeal, the Secretary shall either affirm, by section 502(c)(2) or 507(b)(2) of this Act, shall relating to export enforcement. modify, reverse, or vacate the decision of the ad- be withheld from public disclosure and shall not (c) ISSUANCE OF REGULATIONS.— ministrative law judge by written order within be subject to disclosure under section 552 of title (1) IN GENERAL.—The President and the Sec- 10 working days after receiving the appeal. The 5, United States Code, unless the release of such retary may issue such regulations as are nec- information is determined by the Secretary to be written order of the Secretary shall be final and essary to carry out this Act. Any such regula- is not subject to judicial review, except as pro- in the national interest. tions the purpose of which is to carry out title (b) INFORMATION TO CONGRESS AND GAO.— vided in paragraph (3). The materials submitted II or title III may be issued only after the regu- to the administrative law judge and the Sec- (1) IN GENERAL.—Nothing in this title shall be lations are submitted for review to such depart- construed as authorizing the withholding of in- retary shall constitute the administrative record ments or agencies as the President considers ap- for purposes of review by the court. formation from Congress or from the General propriate. The Secretary shall consult with the Accounting Office. (3) COURT APPEALS.—An order of the Sec- appropriate export control advisory committee (2) AVAILABILITY TO THE CONGRESS— retary affirming, in whole or in part, the appointed under section 105(a) in formulating (A) IN GENERAL.—Any information obtained at issuance or renewal of a temporary denial order regulations under this title. The second sentence any time under this title or under any prede- may, within 15 days after the order is issued, be of this subsection does not require the concur- cessor Act regarding the control of exports, in- appealed by a person subject to the order to the rence or approval of any official, department, or cluding any report or license application re- United States Court of Appeals for the District agency to which such regulations are submitted. quired under this title, shall be made available of Columbia Circuit, which shall have jurisdic- (2) AMENDMENTS TO REGULATIONS.—If the Sec- to any committee or subcommittee of Congress of tion of the appeal. The court may review only retary proposes to amend regulations issued appropriate jurisdiction upon the request of the those issues necessary to determine whether the under this Act, the Secretary shall report to the chairman or ranking minority member of such issuance of the temporary denial order was Committee on Banking, Housing, and Urban Af- committee or subcommittee. based on reasonable cause to believe that the fairs of the Senate and the Committee on Inter- (B) PROHIBITION ON FURTHER DISCLOSURE.— person subject to the order was engaged in or national Relations of the House of Representa- No committee, subcommittee, or Member of Con- was about to engage in any act or practice that tives on the intent and rationale of such amend- gress shall disclose any information obtained constitutes or would constitute a violation of ments. Such report shall evaluate the cost and under this Act or any predecessor Act regarding this title, or any regulation, order, or license burden to the United States exporters of the pro- the control of exports which is submitted on a issued under this Act, or whether a criminal in- posed amendments in relation to any enhance- confidential basis to the Congress under sub- dictment has been returned against the person ment of licensing objectives. The Secretary shall paragraph (A) unless the full committee to subject to the order alleging a violation of this consult with the appropriate export control ad- which the information is made available deter- Act or of any of the statutes listed in section visory committees appointed under section mines that the withholding of the information is 503. The court shall vacate the Secretary’s order 105(a) in amending regulations issued under this contrary to the national interest. if the court finds that the Secretary’s order is Act. (3) AVAILABILITY TO THE GAO.— arbitrary, capricious, an abuse of discretion, or SEC. 602. CONFIDENTIALITY OF INFORMATION. (A) IN GENERAL.—Notwithstanding subsection otherwise not in accordance with law. (a) EXEMPTIONS FROM DISCLOSURE.— (a), information described in paragraph (2) (e) LIMITATIONS ON REVIEW OF CLASSIFIED IN- (1) INFORMATION OBTAINED ON OR BEFORE shall, consistent with the protection of intel- FORMATION.—Any classified information that is JUNE 30, 1980.—Except as otherwise provided by ligence, counterintelligence, and law enforce- included in the administrative record that is the third sentence of section 502(c)(2) and by ment sources, methods, and activities, as deter- subject to review pursuant to subsection (b)(1) section 507(b)(2), information obtained under mined by the agency that originally obtained or (d)(3) may be reviewed by the court only on the Export Administration Act of 1979, or any the information, and consistent with the provi- an ex parte basis and in camera. predecessor statute, on or before June 30, 1980, sions of section 716 of title 31, United States

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00023 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 16282 CONGRESSIONAL RECORD—SENATE September 4, 2001 Code, be made available only by the agency, (8) a statistical summary of all applications (ii) in the third sentence, by striking ‘‘11(c) of upon request, to the Comptroller General of the and notifications, including— the Export Administration Act of 1979’’ and in- United States or to any officer or employee of (A) the number of applications and notifica- serting ‘‘503(c) of the Export Administration Act the General Accounting Office authorized by tions pending review at the beginning of the fis- of 2001’’; and the Comptroller General to have access to such cal year; (B) in subsection (g)(1)(A)(ii), by inserting ‘‘or information. (B) the number of notifications returned and section 503 of the Export Administration Act of (B) PROHIBITION ON FURTHER DISCLOSURES.— subject to full license procedure; 2001’’ after ‘‘1979’’. No officer or employee of the General Account- (C) the number of notifications with no action (2) Section 39A(c) of the Arms Export Control ing Office shall disclose, except to Congress in required; Act (22 U.S.C. 2779a(c)) is amended— accordance with this paragraph, any such in- (D) the number of applications that were ap- (A) by striking ‘‘subsections (c),’’ and all that formation which is submitted on a confidential proved, denied, or withdrawn, and the number follows through ‘‘12(a) of such Act’’ and insert- basis and from which any individual can be of applications where final action was taken; ing ‘‘subsections (c), (d), and (e) of section 503, identified. and section 507(c), and subsections (a) and (b) of (c) INFORMATION EXCHANGE.—Notwith- (E) the number of applications and notifica- section 506, of the Export Administration Act of standing subsection (a), the Secretary and the tions pending review at the end of the fiscal 2001’’; and Commissioner of Customs shall exchange licens- year; (B) by striking ‘‘11(c)’’ and inserting ‘‘503(c)’’. ing and enforcement information with each (9) summary of export license data by export (3) Section 40(k) of the Arms Export Control other as necessary to facilitate enforcement ef- identification code and dollar value by country; Act (22 U.S.C. 2780(k)) is amended— forts and effective license decisions. (10) an identification of processing time by— (A) by striking ‘‘11(c), 11(e), 11(g), and 12(a) (d) PENALTIES FOR DISCLOSURE OF CONFIDEN- (A) overall average, and of the Export Administration Act of 1979’’ and TIAL INFORMATION.— (B) top 25 export identification codes; inserting ‘‘503(b), 503(c), 503(e), 506(a), and (1) DISCLOSURE PROHIBITED.—No officer or (11) an assessment of the effectiveness of mul- 506(b) of the Export Administration Act of employee of the United States, or any depart- tilateral regimes, and a description of negotia- 2001’’; and ment or agency thereof, may publish, divulge, tions regarding export controls; (B) by striking ‘‘11(c)’’ and inserting ‘‘503(c)’’. disclose, or make known in any manner or to (12) a description of the significant differences (i) OTHER PROVISIONS OF LAW.— any extent not authorized by law any informa- between the export control requirements of the (1) Section 5(b)(4) of the Trading with the tion that— United States and those of other multilateral Enemy Act (50 U.S.C. App. 5(b)(4)) is amended (A) the officer or employee obtains in the control regime members, and the specific dif- by striking ‘‘section 5 of the Export Administra- course of his or her employment or official du- ferences between United States requirements tion Act of 1979, or under section 6 of that Act ties or by reason of any examination or inves- and those of other significant supplier coun- to the extent that such controls promote the tigation made by, or report or record made to or tries; nonproliferation or antiterrorism policies of the filed with, such department or agency, or officer (13) an assessment of the costs of export con- United States’’ and inserting ‘‘titles II and III or employee thereof; and trols; of the Export Administration Act of 2001’’. (B) is exempt from disclosure under this sec- (14) a description of the progress made toward (2) Section 502B(a)(2) of the Foreign Assist- tion. achieving the goals established for the Depart- ance Act of 1961 (22 U.S.C. 2304(a)(2)) is amend- (2) CRIMINAL PENALTIES.—Any such officer or ment dealing with export controls under the ed in the second sentence— employee who knowingly violates paragraph (1) Government Performance Results Act; and (A) by striking ‘‘Export Administration Act of shall be fined not more than $50,000, imprisoned (15) any other reports required by this Act to 1979’’ the first place it appears and inserting not more than 1 year, or both, for each violation be submitted to the Committee on Banking, ‘‘Export Administration Act of 2001’’; and of paragraph (1). Any such officer or employee (B) by striking ‘‘Act of 1979)’’ and inserting Housing, and Urban Affairs of the Senate and may also be removed from office or employment. ‘‘Act of 2001)’’. the Committee on International Relations of the (3) CIVIL PENALTIES; ADMINISTRATIVE SANC- (3) Section 140(a) of the Foreign Relations Au- House of Representatives. TIONS.—The Secretary may impose a civil pen- thorization Act, Fiscal Years 1988 and 1989 (22 (c) FEDERAL REGISTER PUBLICATION REQUIRE- alty of not more than $5,000 for each violation U.S.C. 2656f(a)) is amended— of paragraph (1). Any officer or employee who MENTS.—Whenever information under this Act is (A) in paragraph (1)(B), by inserting ‘‘or sec- commits such violation may also be removed required to be published in the Federal Register, tion 310 of the Export Administration Act of from office or employment for the violation of such information shall, in addition, be posted 2001’’ after ‘‘Act of 1979’’; and paragraph (1). Sections 503 (e), (g), (h), and (i) on the Department of Commerce or other appro- (B) in paragraph (2), by inserting ‘‘or 310 of and 507 (a), (b), and (c) shall apply to violations priate government website. the Export Administration Act of 2001’’ after described in this paragraph. SEC. 702. TECHNICAL AND CONFORMING AMEND- ‘‘6(j) of the Export Administration Act of 1979’’. MENTS. TITLE VII—MISCELLANEOUS PROVISIONS (4) Section 40(e)(1) of the State Department (a) REPEAL.—The Export Administration Act Basic Authorities Act of 1956 (22 U.S.C. SEC. 701. ANNUAL REPORT. of 1979 (50 U.S.C. App. 2401 et seq.) is repealed. 2712(e)(1)) is amended by striking ‘‘section (a) ANNUAL REPORT.—Not later than Feb- (b) ENERGY POLICY AND CONSERVATION ACT.— 6(j)(1) of the Export Administration Act of 1979’’ ruary 1 of each year, the Secretary shall submit (1) Section 103 of the Energy Policy and Con- and inserting ‘‘section 310 of the Export Admin- to Congress a report on the administration of servation Act (42 U.S.C. 6212) is repealed. istration Act of 2001’’. this Act during the fiscal year ending September (2) Section 251(d) of the Energy Policy and (5) Section 205(d)(4)(B) of the State Depart- 30 of the preceding calendar year. All Federal Conservation Act (42 U.S.C. 6271(d)) is repealed. ment Basic Authorities Act of 1956 (22 U.S.C. agencies shall cooperate fully with the Secretary (c) ALASKA NATURAL GAS TRANSPORTATION 305(d)(4)(B)) is amended by striking ‘‘section 6(j) in providing information for each such report. ACT.—Section 12 of the Alaska Natural Gas of the Export Administration Act of 1979’’ and (b) REPORT ELEMENTS.—Each such report Transportation Act of 1976 (15 U.S.C. 719j) is re- inserting ‘‘section 310 of the Export Administra- shall include in detail— pealed. (1) a description of the implementation of the tion Act of 2001’’. (d) MINERAL LEASING ACT.—Section 28(u) of export control policies established by this Act, (6) Section 110 of the International Security the Mineral Leasing Act (30 U.S.C. 185(u)) is re- including any delegations of authority by the and Development Cooperation Act of 1980 (22 pealed. President and any other changes in the exercise U.S.C. 2778a) is amended by striking ‘‘Act of (e) EXPORTS OF ALASKAN NORTH SLOPE OIL.— of delegated authority; 1979’’ and inserting ‘‘Act of 2001’’. (2) a description of the changes to and the Section 28(s) of the Mineral Leasing Act (30 (7) Section 203(b)(3) of the International year-end status of country tiering and the Con- U.S.C. 185(s)) is repealed. Emergency Economic Powers Act (50 U.S.C. trol List; (f) DISPOSITION OF CERTAIN NAVAL PETRO- 1702(b)(3)) is amended by striking ‘‘section 5 of (3) a description of the petitions filed and the LEUM RESERVE PRODUCTS.—Section 7430(e) of the Export Administration Act of 1979, or under determinations made with respect to foreign title 10, United States Code, is repealed. section 6 of such Act to the extent that such availability and mass-market status, the set- (g) OUTER CONTINENTAL SHELF LANDS ACT.— controls promote the nonproliferation or asides of foreign availability and mass-market Section 28 of the Outer Continental Shelf Lands antiterrorism policies of the United States’’ and status determinations, and negotiations to elimi- Act (43 U.S.C. 1354) is repealed. inserting ‘‘the Export Administration Act of nate foreign availability; (h) ARMS EXPORT CONTROL ACT.— 2001’’. (4) a description of any enhanced control im- (1) Section 38 of the Arms Export Control Act (8) Section 1605(a)(7)(A) of title 28, United posed on an item pursuant to section 201(d); (22 U.S.C. 2778) is amended— States Code, is amended by striking ‘‘section 6(j) (5) a description of the regulations issued (A) in subsection (e)— of the Export Administration Act of 1979 (50 under this Act; (i) in the first sentence, by striking ‘‘sub- U.S.C. App. 2405(j))’’ and inserting ‘‘section 310 (6) a description of organizational and proce- sections (c)’’ and all that follows through ‘‘12 of of the Export Administration Act of 2001’’. dural changes undertaken in furtherance of this such Act,’’ and inserting ‘‘subsections (b), (c), (9) Section 2332d(a) of title 18, United States Act; (d) and (e) of section 503 of the Export Adminis- Code, is amended by striking ‘‘section 6(j) of the (7) a description of the enforcement activities, tration Act of 2001, by subsections (a) and (b) of Export Administration Act of 1979 (50 U.S.C. violations, and sanctions imposed under this section 506 of such Act, and by section 602 of App. 2405)’’ and inserting ‘‘section 310 of the Act; such Act,’’; and Export Administration Act of 2001’’.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00024 Fmt 0686 Sfmt 6333 E:\BR01\S04SE1.000 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16283 (10) Section 620H(a)(1) of the Foreign Assist- ceeding commenced or any application for a li- tory framework for the imposition of ance Act of 1961 (22 U.S.C. 2378(a)(1)) is amend- cense made, under those provisions of the Arms export controls. They should not be im- ed by striking ‘‘section 6(j) of the Export Admin- Export Control Act which are amended by sec- posed pursuant to an emergency eco- istration Act of 1979 (50 U.S.C. App. 2405(j))’’ tion 702, if such proceeding or application is nomic authority of the President. It and inserting ‘‘section 310 of the Export Admin- pending at the time this Act takes effect. Any istration Act of 2001’’. such proceeding, and any action on such appli- can be done that way. It has been done (11) Section 1621(a) of the International Fi- cation, shall continue under those provisions as that way. That is the currently exist- nancial Institutions Act (22 U.S.C. 262p–4q(a)) is if those provisions had not been amended by ing situation. But I don’t think that is amended by striking ‘‘section 6(j) of the Export section 702. the most desirable way to proceed. It Administration Act of 1979 (50 U.S.C. App. (c) TREATMENT OF CERTAIN DETERMINA- doesn’t give you the most substantial 2405(j))’’ and inserting ‘‘section 310 of the Ex- TIONS.—Any determination with respect to the statutory framework, obviously. It port Administration Act of 2001’’. government of a foreign country under section doesn’t introduce an element of sta- (12) Section 1956(c)(7)(D) of title 18, United 6(j) of the Export Administration Act of 1979, or bility and permanency into the ar- States Code, is amended by striking ‘‘section 11 Executive Order 12924, that is in effect on the (relating to violations) of the Export Adminis- day before the date of enactment of this Act, rangements. In fact, I believe strongly tration of 1979’’ and inserting ‘‘section 503 (re- shall, for purposes of this title or any other pro- that this legislation provides greater lating to penalties) of the Export Administration vision of law, be deemed to be made under sec- protection for national security and Act of 2001’’. tion 310 of this Act until superseded by a deter- foreign policy concerns than is pro- (13) Subsection (f) of section 491 and section mination under such section 310. vided under IEEPA or provided under 499 of the Forest Resources Conservation and (d) LAWFUL INTELLIGENCE ACTIVITIES.—The the previous Export Administration Shortage Relief Act of 1990 (16 U.S.C. 620c(f) prohibitions otherwise applicable under this Act and 620j) are repealed. Act. do not apply with respect to any transaction Just one example: The penalties that (14) Section 904(2)(B) of the Trade Sanctions subject to the reporting requirements of title V Reform and Export Enhancement Act of 2000 is of the National Security Act of 1947. Notwith- can be imposed under IEEPA for viola- amended by striking ‘‘Export Administration standing any other provision of this Act, noth- tion of export controls are signifi- Act of 1979’’ and inserting ‘‘Export Administra- ing shall affect the responsibilities and authori- cantly less than the penalties that are tion Act of 2001’’. ties of the Director of Central Intelligence under provided for in the legislation that is (15) Section 983(i)(2) of title 18, United States section 103 of the National Security Act of 1947. before us. Let me repeat that. Code (as added by Public Law 106–185), is (e) IMPLEMENTATION.—The Secretary shall Under the current arrangement in amended— make any revisions to the Export Administration (A) by striking the ‘‘or’’ at the end of sub- which the export control regime has regulations required by this Act no later than paragraph (D); been put in place by the President’s in- 180 days after the date of enactment of this Act. (B) by striking the period at the end of sub- voking of his economic emergency paragraph (E) and inserting ‘‘; or’’; and Mr. SARBANES. Mr. President, I rise powers, the penalties for violation are (C) by inserting the following new subpara- in very strong support of S. 149, the Ex- substantially less than the penalties graph: port Administration Act of 2001. which we provide in this legislation. ‘‘(F) the Export Administration Act of 2001.’’. Earlier this year, I was pleased to (j) CIVIL AIRCRAFT EQUIPMENT.—Notwith- This legislation is a carefully balanced standing any other provision of law, any prod- join with my colleagues, Senator ENZI, effort to provide the President author- uct that— Senator JOHNSON, and Senator GRAMM, ity to control exports for reasons of na- (1) is standard equipment, certified by the in introducing this legislation. tional security and foreign policy while Federal Aviation Administration, in civil air- This legislation was reported out of also responding to the need of U.S. ex- craft, and the Senate Banking, Housing, and porters to compete in the global mar- (2) is an integral part of such aircraft, shall Urban Affairs Committee by a vote of ketplace. be subject to export control only under this Act. 19–1. It was a bipartisan vote, obvi- Such product shall not be subject to controls I point out that effective competition under section 38(b)(2) of the Arms Export Con- ously, of 19–1. The legislation has been by U.S. exporters in the global market- trol Act (22 U.S.C. 2778(b)). very strongly endorsed by the adminis- place, which will strengthen their eco- (k) REPEAL OF CERTAIN EXPORT CONTROLS.— tration. That was in early April of this nomic position—that is, the economic Subtitle B of title XII of division A of the Na- year. The Export Administration Act position of U.S. exporters—and thereby tional Defense Authorization Act for Fiscal provides for the President to control strengthen the economic position of Year 1998 (50 U.S.C. App. 2404 note) is repealed. exports for reasons of national security the United States in the global mar- SEC. 703. SAVINGS PROVISIONS. and foreign policy. ketplace, also has important national (a) IN GENERAL.—All delegations, rules, regu- Let me begin by saying I believe lations, orders, determinations, licenses, or other security and foreign policy implica- forms of administrative action which have been there is a very strong national interest tions for the United States. In the end, made, issued, conducted, or allowed to become in reauthorizing the Export Adminis- our national security and foreign pol- effective under— tration Act. I think that is a view held icy strength rests in part on our eco- (1) the Export Control Act of 1949, the Export by a clear majority of the Congress. nomic strength. I think we need to Administration Act of 1969, the Export Adminis- It is important to understand a bit keep that in mind as we consider this tration Act of 1979, or the International Emer- about the historical situation as we legislation. gency Economic Powers Act when invoked to consider this legislation. Regrettably, maintain and continue the Export Administra- In preparation for acting on this leg- tion regulations, or the Export Administration Act has not islation, the Banking Committee this (2) those provisions of the Arms Export Con- been reauthorized since 1990, except for year held two hearings with represent- trol Act which are amended by section 702, three temporary extensions in 1993, in atives of industry groups and former and are in effect on the date of enactment of 1994, and again last year. At the end of Defense Department officials. this Act, shall continue in effect according to the last Congress, we passed a tem- I might note that the committee held their terms until modified, superseded, set aside, porary extension of the Export Admin- extensive hearings in the prior Con- or revoked under this Act or the Arms Export istration Act that expired on August 20 gress with respect to this issue. So Control Act. of this year, just a few weeks ago. there has been a continual period now, (b) ADMINISTRATIVE AND JUDICIAL PRO- Prior to this most recent temporary over a number of years, of very careful CEEDINGS.— (1) EXPORT ADMINISTRATION ACT.—This Act extension and since the EAA expired on examination of export controls and shall not affect any administrative or judicial August 20, the authority of the Presi- how to address this matter. Extensive proceedings commenced or any application for a dent to impose export controls has consultation took place with represent- license made, under the Export Administration been exercised pursuant to the Inter- atives of the new administration, in- Act of 1979 or pursuant to Executive Order national Economic Emergency Powers cluding the Commerce Department, the 12924, which is pending at the time this Act Act, the so-called IEEPA. This is gen- Defense Department, the State Depart- takes effect. Any such proceedings, and any ac- erally how we have been functioning ment, the intelligence agencies, and tion on such application, shall continue under the Export Administration Act of 1979 as if that throughout this decade with respect to the National Security Council. Act had not been repealed. export controls. Prior to the markup of the legisla- (2) OTHER PROVISIONS OF LAW.—This Act shall I believe strongly that Congress tion in the Banking Committee earlier not affect any administrative or judicial pro- should put in place a permanent statu- this year, Dr. Rice, the Assistant to the

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.000 S04SE1 16284 CONGRESSIONAL RECORD—SENATE September 4, 2001 President for National Security Af- There being no objection, the mate- lation provides, for the first time, a fairs, sent a letter to the committee rial was ordered to be printed in the statutory basis for the resolution of dated March 21 of this year, which I RECORD, as follows: interagency disputes over export li- quote: OFFICE OF MANAGEMENT AND BUDGET, cense applications. The intent is to The Administration has carefully reviewed Washington, DC, April 26, 2001. provide an orderly process for the time- the current version of S. 149, the Export Ad- STATEMENT OF ADMINISTRATION POLICY ly resolution of disputes while allowing ministration Act of 2001, which provides au- S. 149—EXPORT ADMINISTRATION ACT OF 2001 all interested agencies a full oppor- thority for controlling exports of dual-use The Administration supports S. 149, as re- tunity to express their views. This was goods and technologies. As a result of its re- ported by the Senate Banking Committee. an issue of significant concern to the view, the Administration has proposed a The bill provides authority for controlling number of changes to S. 149. The Secretary administration, to the national secu- exports of dual-use goods and technologies. of State, Secretary of Defense, Secretary of rity community, and to industry. And I The Administration believes that S. 149 Commerce, and I agree that these changes believe we have reached a reasonable would allow the United States to success- will strengthen the President’s national se- resolution of this issue in the bill. fully meet its national security and foreign curity and foreign policy authorities to con- One of the things that industry was policy objectives without impairing the abil- trol dual-use exports in a balanced manner, ity of U.S. companies to compete effectively seeking was a process whereby they which will permit U.S. companies to com- in the global marketplace. As reported, S. would get an ultimate decision. This pete more effectively in the global market 149 includes a number of changes that the bill sets out a process of interagency place. With these changes, S. 149 represents a Administration sought to strengthen the consultation that provides for moving positive step towards the reform of the U.S. President’s national security and foreign export control system supported by the it up to the next level, if there is not policy authorities to control duel-use ex- President. If the Committee incorporates agreement, so that it keeps moving ports. The Administration will continue to these changes into S. 149, the Administration forth. In the end, it can reach the work with Congress to ensure that our na- will support the bill. President for decision. But at least it tional security needs are incorporated into a Mr. President, a major effort was rational export control system. works within a framework in which the industry knows that at the end they made to work through the list of pro- Pay-As-You-Go Scoring will get a decision; it will not simply posals by the administration. That re- S. 149 would affect receipts and direct sulted in those proposals being incor- spending; therefore, it is subject to the pay- disappear into the great void with no porated into the bill during the Bank- as-you-go (PAYGO) requirement of the Om- decision of any sort forthcoming. ing Committee’s markup. As a con- nibus Budget Reconciliation Act (OBRA) of We think this is a very reasonable sequence, in effect we met the standard 1990. OMB’s preliminary scoring estimates is way to structure the situation. I sim- that the administration set for us. that the PAYGO effect of this bill is mini- ply note that it is still reserved to the They were incorporated in the markup. mal. Final scoring of this legislation may de- President, in the end, the ultimate au- The administration is supportive of viate from this estimate. thority to rule on the matter with re- this bill. It has expressed that support Mr. SARBANES. Mr. President, I spect to export controls. on more than one occasion. They have commend Senator GRAMM, who was ac- As I mentioned earlier, the bill sig- been in constant communication with tually chairman of the committee at nificantly increases both criminal and us about this matter. We are obviously the time that we brought the legisla- civil penalties for violations of the Ex- proceeding not only in accordance with tion forward. And I commend Senator port Administration Act, reflecting the our own judgment, but it also rep- ENZI and Senator JOHNSON. Senator seriousness of such violations. resents the judgment of the adminis- ENZI and Senator JOHNSON, respec- The bill provides new authority to tration as well. In fact, in late March tively, were the chairman and ranking the President to determine that a good President Bush, in speaking to high- member of the Subcommittee on Inter- has mass market status in the United tech leaders in the White House, urged national Trade and Finance of the States. And because it has mass mar- quick passage of the bill by the Senate. Banking Committee in the last Con- ket status—in other words, there is a He reiterated that support in May in a gress. They carried forward their set of criteria, but essentially gen- speech he gave in Washington. strong interest in this legislation in erally available in the marketplace—it In April, the Office of Management this Congress and have played an in- should be controlled. But the President and Budget submitted to the Congress strumental role in helping to shape the retains authority to set aside a mass a statement of administration policy legislation. I thank them for their very market determination if he determines on S. 149, which said in part: dedicated efforts, and the efforts of that it would constitute a serious The Administration supports S. 149, as re- their staff which contributed so much threat to national security and that ported by the Senate Banking Committee. to developing a bipartisan consensus on continued export controls would be The bill provides authority for controlling this legislation. likely to advance the national security exports of dual-use goods and technologies. Also, I acknowledge the significant interests of the United States. The Administration believes that S. 149 contributions made by Senator BAYH We have tried to recognize changes would allow the United States to success- and by Senator HAGEL, who are the that are taking place in the market- fully meet its national security and foreign chairman and ranking member of the place, to factor them into the thinking, policy objectives without impairing the abil- International Trade and Finance Sub- but even so in the last analysis reserv- ity of U.S. companies to compete effectively in the global marketplace. As reported, S. committee in this Congress, for their ing to the President the authority to 149 includes a number of changes that the ad- contributions in moving the legislation set aside a mass market determination. ministration sought to strengthen the Presi- forward this year. I think this is, again, another example dent’s national security and foreign policy The legislation generally tracks the of the concern of those of us who have authorities to control dual-use exports. authorities provided the President helped to shape this legislation to Let me underscore: changes they under the Export Administration Act make sure that we are able to protect sought to strengthen the President’s which expired in 1990. However, a sig- national security and foreign policy in- national security and foreign policy nificant effort was made, with the as- terests. We are trying to, in effect, ac- authorities to control dual-use exports. sistance of the legislative counsel’s of- commodate the market changes and The Administration will continue to work fice, to provide these authorities in a the needs of our exporters in terms of with Congress to ensure that our national se- more clear and straightforward man- participating effectively and competi- curity needs are incorporated into a rational ner. We believe this will make the stat- tively in the global marketplace but, export control system. ute both easier for the executive at the same time, making sure the Mr. President, I ask unanimous con- branch agencies to administer and for President retains the power and the au- sent that the Statement of Administra- exporters to comply with. thority that might be necessary, under tion Policy submitted by the Office of The bill also makes a number of sig- certain circumstances, to protect our Management and Budget with respect nificant improvements to the EAA. I national security interests and our for- to S. 149 be printed in the RECORD. would like to mention a few. The legis- eign policy interests.

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At the urging of Senator ENZI, who authority has previously been used to admin- the end use or end user, on the export of any has been a very thoughtful and dedi- ister our export control programs. Since a item, that could contribute to the prolifera- cated exponent of this legislation—and new EAA will provide us the strongest au- tion of weapons of mass destruction or the in my perception has bent over back- thority to administer dual-use export con- means to deliver them. trols, particularly as related to enforcement, wards to try to accommodate concerns This authority did not exist in the penalties for export control violations, and EAA. It is the so-called enhanced pro- in shaping this legislation—the bill the protection of business proprietary infor- contains a provision that would require liferation control initiative which mation, we support swift enactment of S. until now has been implemented the President to establish a system of 149. through an executive order. This provi- tiers to which countries would be as- Mr. President, I ask unanimous con- signed based on their perceived threat sion would give the President broad sent to print the full text of the letter statutory authority to impose controls to U.S. national security. The legisla- in the RECORD. on any export that could contribute to tion requires that there be at least There being no objection, the letter proliferation or delivery of weapons of three such tiers. The intent is to pro- was ordered to be printed in the mass destruction, if there was a con- vide exporters a clear guide as to the RECORD, as follows: cern about the end use or the end user licensing requirements of the export of THE WHITE HOUSE, of the export. a particular item to a particular coun- Washington, August 2, 2001. Section 201(d) of this legislation, the try. Hon. PAUL SARBANES, so-called enhanced controls provision, The bill would also require that any Chairman, Committee on Banking, Housing, provides: foreign company that declined a U.S. and Urban Affairs, U.S. Senate, Wash- Notwithstanding any other provision of request for a postshipment verification ington, DC. this title, the President may determine that of an export would be denied licenses DEAR MR. CHAIRMAN: Thank you for your applying the provisions of section 204 or 211 for future exports. The President would efforts to advance the Senate’s consideration with respect to an item on the National Se- have authority to deny licenses to af- of S. 149, the Export Administration Act of curity Control List would constitute a sig- 2001. This bill has the Administration’s nificant threat to the national security of filiates of the company and to the strong support. country in which the company is lo- the United States and that such item re- I am pleased that the Senate plans to take quires enhanced control. cated as well. up S. 149 on September 4, 2001. Because the Overall, I believe this bill is a very current Export Administration Act (EAA) It goes on to say: balanced piece of work. As I mentioned will expire on August 20, 2001, the President If the President determines that enhanced at the outset, it commanded over- is prepared to use the authorities provided to control should apply to such item, the item him under the International Emergency Eco- may be excluded from the provisions of sec- whelming bipartisan support in the tion 204, section 211, or both, until such time committee. It has the strong support of nomic Powers Act (IEEPA) to extend the ex- isting dual-use export control program. As as the President shall determine that such the administration. It is my belief it you know, IEEPA authority has previously enhanced control should no longer apply to will receive broad bipartisan support in been used to administer our export control such item. the full Senate. programs. Since a new EAA will provide us Section 204 is a section on containing In criticizing this bill when it was the strongest authority to administer dual- parts and components that says you brought up in this Chamber in April— use export controls, particularly as related can’t put on controls if the parts and it was up for 1 day; we had 1 day of de- to enforcement, penalties for export control components are less than 25 percent of bate on the legislation—some of my violations, and the protection of business the total value of the export. But the colleagues registered objections. They proprietary information, we support swift President will be given the power, in thought that the bill tipped the bal- enactment of S. 149. effect, to ignore that restriction and I look forward to continuing to work with ance towards meeting commercial you on these important national security impose the controls. Under the pre- needs versus national security needs, issues. vious EAA, the President did not have that it placed an emphasis on export Sincerely, the authority to set aside the parts and decontrol without an adequate assess- CONDOLEEZZA RICE, components or the foreign availability ment of the national security implica- Assistant to the President provisions, which is what 211 requires tions of that decontrol. Others said for National Security Affairs. refers to. So this represents a very sig- that the bill’s restriction on Presi- Mr. SARBANES. Aside from the issue nificant expansion of the President’s dential authorities to regulate national that the Export Administration Act is export control authority. security-related exports, the liberaliza- better than IEEPA, which I think is We have had a lot of discussions tion of exports of all goods, poses a clear, let me address the assertions about foreign availability, mass mar- problem and needs to be resolved. And that S. 149 would weaken the national ket provisions and the President’s we had other comments in that vein. security protections in the previous standards to set aside this authority. It I want to take a moment to respond Export Administration Act. should be clear that this broad setaside to these assertions because I respect- I believe quite strongly that just the power, separate and apart from the fully disagree with them. First of all, it opposite is the case, as witnessed by powers the President has in the foreign is very important to note that the al- the support the administration and the availability and mass market provi- sions themselves, is a very important ternative to reauthorizing the Export national security community have ex- addition to Presidential authority and Administration Act is the Inter- tended to this legislation. We have al- one that was important to the national national Emergency Economic Powers ready talked about the increased civil Act. security community. and criminal penalties for violations of Furthermore, the legislation provides As we indicated earlier, that is really the EAA. The penalties are stronger in not a satisfactory framework under that notwithstanding any other provi- this legislation, not only with respect sions of the act setting forth limita- which to operate. to the existing ones in IEEPA but also This was made clear in letters that tions on the authority to control ex- with respect to the penalties in the ports, the President may impose con- Dr. Rice, Assistant to the President for previously existing Export Administra- National Security Affairs, sent to Sen- trols listed on a control list of a multi- tion Act. lateral export control regime. ator GRAMM and myself on August 2. In Let me mention some other provi- This is a very broad authority for the the course of that letter she stated: sions that significantly expand the President to set aside all the require- I am pleased that the Senate plans to take President’s authority to impose export ments of the EAA and impose controls up S. 149. Because the current Export Admin- controls on dual-use goods and tech- on any export that is on a control list istration Act (EAA) will expire on August 20, nology in regard to the EAA. 2001, the President is prepared to use the au- pursuant to an international agree- thorities provided to him under the Inter- Section 201(c) of this legislation ment. national Emergency Economic Powers Act states: This is an important provision be- (IEEPA) to extend the existing dual-use ex- Notwithstanding any other provision of cause export controls are most effec- port control programs. As you know, IEEPA this title, controls may be imposed, based on tive when they are implemented in

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16286 CONGRESSIONAL RECORD—SENATE September 4, 2001 concert with the controls of other sup- Department needs are available to it in Secretary of Defense. plier nations. One of the things we seek order to carry out the provisions of the DONALD L. EVANS, to do in this legislation is encourage legislation. Secretary of Com- the development of such multilateral Now most exporters want to comply merce. export control regimes. Actually, the with the regime. They are not out to Mr. SARBANES. Mr. President, as we majority of items today subject to ex- try to send abroad technology that can move forward in the debate, I presum- port controls in the U.S. are controlled be abused to the harm of American in- ably will have a chance to examine in by most of the other supplier nations terests. A number of them invest sig- greater detail the provisions of the leg- through four multilateral export con- nificant amounts of money in trying to islation. I read through this legislation trol regimes: the Waasenaar agree- comply with the regime’s reporting and again over the weekend, from start to ment, which relates to arms and dual- recording requirements. So it is impor- finish. I must say to you, on this issue use items useful for conventional arms tant to the export community to have I have always been sensitive to the na- purposes; the nuclear suppliers group; a comprehensive, rational statutory tional security and foreign policy argu- the missile technology control regime; framework. They know, then, what the ments. In the past, in considering this and the Australia group, which relates rules of the game are. I think it en- legislation, I have never been one who to items useful for chemical and bio- courages compliance; it draws, in a sort of willy-nilly wanted to remove logical weapons. These four regimes sense, on the business community to export controls. I think they have a form the multilateral basis for export help implement this matter. So I think very important role to play. controls, and they are obviously an im- that also represents an important step. I think this legislation substantially portant element for effective non- Let me draw to a conclusion by once strengthens the ability of the Presi- proliferation. again saying this is a balanced effort to dent and the administration to exercise One of our objectives here, of course, address a complex area of national se- export controls on behalf of national is to work closely with others in fur- curity concerns that also impact U.S. security and foreign policy interests. ther developing multilateral coopera- trade interests. We received just this So I very much hope my colleagues will tion and strengthening the contribu- morning a letter sent to Senator be supportive of this legislation as we tion of these regimes to the non- DASCHLE, the majority leader of the move ahead. proliferation objectives. Senate, signed by Secretary of State Mr. President, I yield the floor. Let me point out, we are constantly Powell, Secretary of Defense Rumsfeld, The PRESIDING OFFICER. The Sen- encouraging other countries to put in and Secretary of Commerce Evans. Mr. ator from Wyoming is recognized. place a thoroughly considered, rational President, I think this letter is of suffi- Mr. ENZI. Mr. President, I rise in export control regime. We go to other cient import that I am going ask unan- support of S. 149, the Export Adminis- countries and say: We need you to put imous consent it be printed in the tration Act of 2001. Consideration and this in place. We want you to join the RECORD. passage of this bill are essential for the multilateral regimes, and we want you There being no objection, the letter advancement of our national security, to establish your own bilateral control was ordered to be printed in the our foreign policy, and our economic systems so we can get a handle on this RECORD, as follows: interests. problem worldwide. I am very sup- SEPTEMBER 4, 2001. I am very excited that today is here. portive of those efforts. Hon. THOMAS A. DASCHLE, This is the culmination of a lot of ef- What position does it put our inter- Majority Leader, U.S. Senate, fort on the part of Senator JOHNSON, locutors and our negotiators in when Washington, DC. myself, Senator SARBANES, and Sen- DEAR SENATOR DASCHLE: We would like to ator GRAMM. Almost 3 years ago now, they go to these countries and then bring to your attention proposed legislation they say, ‘‘You don’t seem to have es- that will be before you shortly for consider- Senator JOHNSON and I, as chairman tablished your own regimes’’? What is ation: S. 149, the Export Administration Act and ranking member of the Inter- the U.S. regime? of 2001. This bill addresses the subject of ex- national Finance Trade Subcommittee It is another argument for putting port controls, which is very important to the of the Banking Committee, were given this legislation into place so that the President. He spoke definitively about re- the task of looking at the Export Ad- U.S. has a fully developed, rational, forming our export control policies and proc- ministration Act to see if it could be ess during his campaign. renewed. It had expired in 1994, and comprehensive framework dealing with Earlier this year, our agencies conducted export controls, and then we, in a an intensive review of S. 149, as proposed by there was recognition that there was a sense, try to pull other countries to- Senators Gramm, Enzi, Sarbanes, and John- huge gap in our national security. That wards it or in that direction in order to son. As a result of the review, we rec- was brought to light a lot, of course, by enhance the multilateral controls that ommended that the Senate Banking Com- the Cox commission, which looked at exist worldwide. mittee make a number of changes to the bill some of the ways China was stealing Now one other point I want to under- to strengthen the President’s ability to con- secrets from the United States. A very score is, of course, the regime is de- trol sensitive dual-use goods and technology. extensive document during the original signed to prevent exporters from mov- The Committee made the requested changes. part of this process was a top secret Accordingly, we strongly support the bill ing out, moving overseas, exports with passed by the Senate Banking Committee. document, and later a public version dual-use technology. When we make S. 149 is an important step in our efforts to was put out; it brought a lot of atten- the judgment and go through this proc- improve the effectiveness and efficiency of tion to the issue. There had been 12 ess, it has a negative effect on our na- our export control system. S. 149 will provide previous attempts to renew the Export tional security or foreign policy inter- the President with the authority and flexi- Administration Act. They had failed. ests, and of course you are going to bility he needs to administer a stronger, up- Only one version in the House had even have people trying to get around this dated export control system. The Adminis- gotten out of committee. tration will continue to review our policies It is an interesting bill because here all the time—some few people. and procedures in this area and will consult We have enforcement provisions now with Congress as we identify any additional in the Senate there are 100 Senators that are much tougher. One of the necessary changes. who are concerned about national secu- things in this bill is a significant in- President Bush strongly supports the bill rity. There are also 100 Senators who crease in the authorization levels for as passed by the Senate Banking Committee are concerned about the economic in- the Department of Commerce in a and wants to move forward in this important terests of the United States. When a whole host of areas in order to try to area. We urge you to support S. 149 so that bill is balanced, it will have more than tighten up the enforcement of this re- the President will be able to sign a new ex- 50 percent in favor, but we have found port control law soon. gime. In fact, we have a number of var- Sincerely, that the way these coalitions merge, ious provisions that are designed to COLIN L. POWELL, there are more than a majority in op- strengthen our various export controls Secretary of State. position to everything that has hap- and to ensure that the resources the DONALD H. RUMSFELD, pened. We faced the unique challenge

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16287 of trying to do what the other 12 bills changes based on their suggestions for ering at the present time, instead of had not been able to do. To do that, how we needed to increase national se- the $250,000, it will be $1 million or 10 Senator JOHNSON and I went through a curity. We have been working with ev- times the value of the exports, which- process and saw exactly how the whole eryone. We are still willing to work ever is greater, or 10 years imprison- process worked. We visited each stage with everyone. Of course, the latest ment, or both. We have considerably of the licensing process. one we worked with is the President. increased the penalties. It occurs to me at this moment that The President suggested 16 changes Under IEEPA, the penalties are al- there may be people who don’t under- that are also included in the bill. most the cost of doing business or per- stand the licensing process. There is a At this point, we appear to have a haps less than that. Under the EAA, lot of confusion among people about balance that still has a vast working the amount of the violations has been the different licensing processes be- majority to pass the bill and I think a bypassed by inflation, but that has cause there isn’t just one. We are only bill that will provide national security. been easily taken care of in this bill. talking about the Export Administra- Of course, the best evidence that it will Under civil penalties, it is the same tion Act. provide national security is the Presi- situation. Under IEEPA a civil penalty The Export Administration Act is dent himself. The President has strong- is $10,000, and under EAA a civil pen- different from the Arms Export Control ly urged the Senate to pass it quickly. alty is $100,000. Under this bill, a civil Act. It is different by way of what is I have a chart of President Bush’s penalty will be $500,000. controlled. The Arms Export Control support: The last major revision to the EAA Act, of course, handles defense articles In working with the Senate, we’re working came when the Soviet Union was still and services. The Export Administra- to tighten control of sensitive technology in existence and considered a threat to tion Act, on the other hand, handles products with unique military applications, our national security. That revision of dual-use products. That could be very and to give our industry an equal chance in the EAA of 1979 occurred before the confusing. Dual-use products are pri- world markets. I believe we’ve got a good Berlin Wall came crumbling down and marily not used for a military purpose bill, and I urge the Senate to pass it quickly. freedom was unleashed for the first but could have a military purpose. That was March 28. Later: time in almost a generation for mil- That is the main distinction between During the campaign, I promised to lead an lions of Europeans. the Arms Export Control Act and the effort to reform our export control system, At that time, almost all of the new Export Administration Act. so that it safeguards genuine military tech- invention development was also Gov- nology while letting American companies ernment funded. Today most of it is The jurisdiction between these two sell items that are already widely available. acts is different because the State De- I’m pleased to report the Senate Banking done by the private sector which is partment and the Defense Department, Committee passed a revised EAA, which my forging ahead without Government of course, have a much greater interest administration strongly supports. It’s now money involved. There is no need to and need to control the defense articles time to pass it for the House, so I can sign it postpone passage of this critical legis- and services. The Commerce Depart- into law. lation any further. ment has been given the jurisdiction There have been numerous state- The issues surrounding the reauthor- over dual-use products provided they ments by the President. He has had an ization of the EAA have been studied are involved with the Department of interest in this bill, clear back to when and studied and restudied. The Presi- Defense, the Department of State, and he was campaigning and this was part dent, Secretary Rumsfeld, Secretary the security agencies, all of which have of his Web site. Since August 20, we Powell, Secretary Evans, and National some voice in the licensing process. have been operating under the Inter- Security Adviser Condoleezza Rice One of the big changes in this bill is national Economic Emergency Powers have endorsed this bipartisan and re- the way that licensing process happens Act, IEEPA, that was referred to by sponsible legislation. so that each of those agencies has a lit- the chairman of the committee, Sen- Here is one of the messages from tle greater role in being able to object ator SARBANES, due to the expiration of Condoleezza Rice, National Security to a license. the EAA. It is one of those temporary Adviser: At any rate, the Republicans and the extensions we passed. The Secretary of State, Secretary of De- Democrats on the Banking Committee Operating EAA under IEEPA is unac- fense, Secretary of Commerce, and I agree and on the subcommittee went through ceptable. IEEPA applies minimal pen- that [S. 149 as reported] will strengthen the a bipartisan process and worked to- alties to exporters of unlicensed tech- President’s national security and foreign policy authorities to control dual-use ex- gether to reach a point of balance with nologies and puts confidential business ports in a balanced manner, which will per- a majority of the security folks who records of the business community at mit U.S. companies to compete more effec- are interested in the bill and a major- risk of exposure. I want to mention tively in the global marketplace. S. 149 rep- ity of the economic interest folks who some of the changes and the differences resents a positive step towards the reform of are interested in the bill. And there is between penalties because that is a big the U.S. export control system supported by overlap. That is how it is possible to security portion of this bill. the President. have a vast majority from both sides. I Under criminal penalties, for compa- In listening to the arguments of the am pleased to have a bill before us nies that willfully violate under critics of this reasonable bill, there today that, after a lot of changes, I IEEPA, there is a penalty of $50,000 per seems to be a misunderstanding about think has reached that point. violation. Under the old EAA of 1979, what the current law is. If a compari- I have to thank Senator SARBANES which has been extended a few times, son of the 1979 EAA and S. 149 were and Senator GRAMM for giving us the there is a $1 million penalty, consider- made, one would find numerous simi- opportunity to pursue this. I know it is ably greater than the $50,000 penalty, larities, as were pointed out by Senator not the most exciting bill in the world. or five times the value of the exports, SARBANES, chairman of the committee. In fact, some people would say it is an whichever is greater. In addition, one would find several new accounting sort of thing, a boring sort Under the bill we are considering, in- and more extensive national security of thing. But it is one of the most im- stead of even the $1 million fine under control authorities included in S. 149 portant bills that will pass. It is just EAA, it will be $5 million per violation that allow the President to restrict the very detailed. That makes it difficult or 10 times the value of the exports, export of technologies critical to our to consider. whichever is greater. national security. Over the last 3 years, a lot of people Persons who willfully violated under Senator SARBANES has covered that have looked at this, a lot of people the IEEPA would have gotten a $50,000 in his remarks. Contrary to what the have given suggestions and, in fact, the penalty or 10 years imprisonment or critics would have you believe, this bill handful of people who have provided both. Under the EAA, they would get is not a radical new approach to export the most opposition have also provided $250,000 or 10 years imprisonment or controls or a radical departure from the most change. We have put in 59 both. But under the bill we are consid- the current export control system. It

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16288 CONGRESSIONAL RECORD—SENATE September 4, 2001 updates and simplifies certain aspects items and really concentrate on those control threshold, the speed of the of the act that are outdated or unnec- things that can be controlled and need computers. As we all know, this was in essary but keeps the basic structure of to be controlled and put more effort the midst of some of the most rapid ad- the 1979 act. and resources into it. The general au- vancements in computing power con- There are reasons why this adminis- thorities contained throughout the bill straining the administration’s ability tration’s national security experts are are entirely consistent with the cur- to keep pace with technological pro- unified in their support of S. 149. It rent law. The bill requires concurrence gressions. builds upon the framework of the cur- with the Secretary of Defense for iden- In keeping with the need for flexi- rent law, or the 1979 act, while modern- tifying which items are to be included bility, the Banking Committee adopted izing, simplifying, and streamlining on the control list for national security an amendment offered by Senator BEN- the act and export control processes, purposes. NETT that would repeal the MTOPS 180- again involving all of the people who There are three stages to this. There day waiting period. This does not mean have been involved in it in the past in is a control list which gives people an computers would not be controlled. In- this administration and the previous idea of what kinds of items need to be stead, it means the President may con- administration to come up with a bal- licensed. There is a country tiering trol computer exports in a way that is anced proposal. system. This is the one that evaluates more effective, more updated. It requires a risk analysis of proposed countries in the world. No countries S. 149 emphasizes the need for exports and emphasizes transparency are named specifically, but the Presi- and accountability to both the Con- strengthened multilateral export con- dent, in cooperation with the experts trol regimes. Multilateral controls are gress and the exporter. With trans- that he has, would rank these people parency and accountability, we and the the most desirable because they are the through three tiers from bad to good, most effective. This is where we get people trying to put products out will with a whole bunch in the middle, have a better opportunity to follow the our allies and our friends, again any which would all have different rights to country that we can talk into it, to process and stay within the law. access things on the control list based S. 149 embraces national security and join us in the control effort. As Sen- on their sensitivity. Then, of course, if foreign policy export controls even ator Sarbanes pointed out, we have it has to be licensed, it has to go going well beyond the 1979 act in sev- been emphasizing to other countries through a licensing process. eral respects. For example, the bill they need to have a good export con- So we are talking about concurrence trol act, a good export licensing proc- grants to the President special control of the Secretary of Defense for identi- authorities for cases involving national ess. We are the ones who are behind the fying items to be included on the con- security and international terrorism, curve on doing that. trol list for national security purposes, as well as international commitments The multilateral controls need to be and this is consistent with current law. more emphasized. We used to have a made by the United States. Section The foreign policy export control au- process, a regime, called COCOM, and 201(c) allows controls to be imposed thorities in title III are exercised by based on end user and end use of an it was a mandatory group of our allies the Secretary of Commerce in con- item if it would contribute to the pro- that under agreement would eliminate sultation with the Secretary of State. liferation of weapons of mass destruc- exports on which they agreed across This is also identical to current law. In tion. Section 201(d) adds enhanced con- the board. addition, the authority for the issuance trols which allow the President to im- of regulations is the same as the EAA After the fall of the Berlin Wall, pose controls on any item, including of 1979. COCOM disappeared. We have a process those items with incorporated parts for The Banking Committee determined called Wassenaar now, the Wassenaar national security purposes. that a flexible but transparent process Arrangement, which is more of a vol- These two national security protec- untary effort. Section 501 of this act tions are not in current law and could was essential to keep the export con- trol system from becoming obsolete urges the President to undertake ef- be used regardless of the foreign avail- forts to strengthen or build upon mul- ability or mass market status of the the day after it becomes law. S. 149 al- lows flexibility for the administration tilateral export control regimes. item. In addition, the bill retains the I had the distinct pleasure of serving Presidential set-aside authority in the in implementation of export controls as a cochair with Senator BINGAMAN case of foreign availability determina- because technology is changing at a and Congressman COX and Congress- tion, section 212, as well as unlimited phenomenal rate. Business models are man BERMAN on the congressionally set-aside authority for mass market very different from those employed a decade ago and, of course, globalization mandated Study Group on Enhancing determination. Multilateral Export Controls for U.S. Those are two determinations. For- is breaking down some of the tradi- National Security. The study group, eign availability, of course, is if the tional barriers to trade and invest- with the assistance of the Stimson same product of the same quality is ment. Center, came to the conclusion that re- available from other countries that can As a result, it is vital that Congress compete with our industry and do not resist the temptation to lock into a form of the export control system is have to follow our export laws, under statute policy toward a specific coun- vital to U.S. national security objec- some very careful criteria that has try or a specific item. Experience has tives. Now we recommend that the U.S. been outlined in the bill, then they shown that this is not an advisable should seek to improve the Wassenaar have the right to export those prop- course of action in most cases. Flexi- Arrangement with the long-term goal erties. The President has the right to bility is needed in the light of rapid of merging existing multilateral re- override it. technological change. To illustrate gimes. Mass market, of course, has already this point, the Congress placed in fiscal Additionally, the study group rec- been explained as those items you can year 1998 the National Defense Author- ommended that the U.S. should reform go to the store and buy at a relatively ization Act provisions relating to high- its export control laws to build con- low price anywhere in the country, performance computers. Concerns were fidence and support among allies and which makes any regulation over their genuine about the export of computers friends for improving multilateral ex- export very difficult. A tourist coming to potentially dangerous end users. port control regimes. The provisions in to the country can go to the store, pick However, to my knowledge, never be- S. 149 are consistent with these rec- up the item, put it in their suitcase, fore had the Congress locked into stat- ommendations and should help to guide and take it home. If it is that widely ute a specific parameter of control for the administration as it seeks to available, then it is very difficult to an item. strengthen the multilateral efforts and control. In addition, the Congress initially re- arrangements so we do not unneces- The purpose of our bill, of course, is quired a 180-day waiting period before sarily punish U.S. firms with unilateral to build a higher fence around fewer the President could change the MTOPS controls.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16289 Finally, and importantly, the bill my staff. There was a 3-year time and team was completely cohesive. There is greatly enhances enforcement. It sub- there has been some transition. Paul a reason why our team of unlikely bed- stantially increases criminal and civil Nash, Naomi Campbell, and Marty fellows has held together so well, and penalties for violators, and I went Gruenberg have done a tremendous job the reason is that S. 149 is a very good through some of those differences be- working around the clock in putting bill. tween what happens with the Execu- together this bill. They have been good I believe in this bill. I believe it will tive order we are under now and the at coordinating our efforts so we could help our nation. It will strengthen our previous EAA act of 1979 and the get together with everybody. national security. It will create an en- present one. It adds new resources for As I mentioned, we are still willing vironment that promotes further tech- enforcement activities including an ad- to talk to anybody about any of the nological advancement and fosters eco- ditional $4.5 million for end-use checks. provisions but think that a bill has nomic vitality. And it provides a struc- It strengthens postshipment been put in place now that has some ture that can grow and change into the verifications, checking to see if the balance to it. Of course, 16 changes we future. product actually went where the prod- made on behalf of the President incor- S. 149 creates a new framework for uct was supposed to go. porated a number of issues that some export controls on dual-use items. By By targeting resources to exports in- of the security chairmen had been con- targeting enforcement efforts on prob- volving the greatest risk rather than cerned about. We think we have a bill lem areas, this more focused approach focusing solely on computers—there that should and can be passed. is just good, common sense. S. 149 will are other things out there that need to I yield the floor. make exporting some items easier, and be checked on—this puts more money The PRESIDING OFFICER (Mr. make exporting other items much into the checking and targets those CORZINE). The Senator from South Da- more difficult. As Representative COX things that create the greatest risk to kota. has stated, ‘‘We ought not to have ex- the United States. Mr. JOHNSON. Mr. President, I rise port controls to pretend to make our- The Banking Committee took a today in support of S. 149, the Export selves safe as a country. We ought to tough stand on violators of Administration Act of 2001. It is dif- have export controls that work.’’ At postshipment verifications. We do not ficult to overstate the urgency of reau- the same time, S. 149 will impose real believe we should reward those entities thorizing EAA, which expired on Au- costs and penalties on those who vio- that deny postshipment verifications. gust 20. We are now operating under late the law. Some violators will serve Therefore, the bill requires the Sec- the International Emergency Eco- prison terms along with their hefty retary to deny licenses to end users nomic Powers Act, an improvised ex- fines. that do not allow postshipment port control measure that has weak en- While no one has more respect than I verification for a controlled item. That forcement powers and that has been do for the deliberative process that al- is pretty well nailed down with the challenged in the courts. President lows the Senate to create thoughtful company involved, any subsidiaries of Bush and his national security team and responsible laws, I am struck by the company. I think it keeps them have repeatedly urged Congress to pass the irony of today’s debate. I under- from getting around any provision of S. 149, and I rise today to urge my col- stand that several of my distinguished that. It strengthens postshipment leagues to do just that. colleagues will object to reauthoriza- verification, which is something that S. 149 is both a national security and tion of EAA on the grounds that S. 149 needed to be done. a trade bill. It is one of the best exam- will somehow compromise our national In conclusion, I offer a couple of ples that I have seen of a law that ac- security. They will urge us to delay quotes from a general and a former Na- counts for the vast geopolitical and passage of EAA in the interest of our tional Security Adviser, Brent Scow- commercial changes of the past decade national security. They will demand croft. On June 8, 2001, when the Center and at the same time provides flexi- further study before we move forward for Strategic and International Studies bility for the continued changes we with S. 149, which has nearly unani- publicly released its report on com- must expect over the coming decades. mous support of both industry and gov- puter exports and national security in The Export Administration Act has ernment, including the national secu- the global era, General Scowcroft said seen no major revisions since 1985. rity community. I look forward to that some seem chained to the same Since that time, the Soviet Union has hearing from those colleagues because policies that are largely not useful, and collapsed, the cold war has ended and a I am having some difficulty under- that there is a natural bureaucratic new world order, including new standing how delaying passage of EAA tendency to cling to the current rules. threats, have emerged. At the time the does anything but harm our nation and As we consider S. 149, I urge my col- political landscape has changed dra- our national security. I must remind leagues to be mindful of General Scow- matically, so too has the commercial my colleagues that EAA has expired. croft’s comment and do the right thing landscape. A global marketplace for We are operating under IEEPA and will and support passage of the Export Ad- goods, services and technology has de- continue to do so until we enact S. 149. ministration Act of 2001. Export con- veloped, and once unimaginable tech- This is the real national security trol issues have been intensely re- nological advancements are now avail- threat. viewed and all the results of the stud- able on a widespread basis. The high The argument that S. 149 com- ies come to the same conclusion. It is tech sector is largely responsible for promises our national security is, I be- best for Congress to reauthorize the the remarkable change in our access to lieve, based on a false premise. That EAA now. The Senate should act now computers and the Internet, and we premise is that national security and a and pass this bill. must take great care not to jeopardize strong export economy are incompat- I express thanks to the chairman, that economic vitality. ible. In fact, our national security de- Senator SARBANES, and Senator I have spent the last few years work- pends on a strong export economy and GRAMM, to my coworker on this, Sen- ing on EAA with my colleagues across America’s continued leadership in the ator JOHNSON, and the new chairman the aisle. When we started this effort, high tech field. I agree with the way and ranking member of the Sub- Senator ENZI and I were, respectively, Senator GRAMM framed the question committee on International Trade and the ranking member and chairman of last year: Finance, Senators BAYH and HAGEL the International Trade and Finance Is our security tied to our being the leader who have done a great job. Subcommittee of the Banking Com- in technology, or is it tied to our ability to I would be remiss if I did not mention mittee. From the beginning, we have hold onto the technology we have and not some of the staff people: Katherine had the full support of Chairman SAR- share it with anybody? McGuire; my legislative director, Amy BANES and Senator GRAMM, and I am Clearly, our security is tied to being Dunathan; the Banking Committee hard pressed to recall a situation in my the leader in technology, and security staff, Joel Oswald, who used to be on 15 years in Congress where a bipartisan experts confirm this point.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16290 CONGRESSIONAL RECORD—SENATE September 4, 2001 As Dr. Donald A. Hicks, former Under counsel of former Secretary of Defense items. In addition, S. 149 establishes a Secretary of Defense for Research & and National Security Advisor Frank country tiering system that assigns Engineering and chairman of the De- Carlucci that ‘‘we should do only that items and countries to tiers according fense Science Board Task Force on which has an effect, not that which to their potential threat to U.S. na- Globalization and Security testified be- simply makes us feel good. . . .’’ tional security. This flexibility to clas- fore the Banking Committee on Feb- Based on this principle, we concluded sify risk by both destination and prod- ruary 14, 2001: that there is little national security uct will be highly effective in targeting Today, the ‘‘U.S. defense industrial base’’ benefit derived from controlling U.S. our efforts. In addition, a new Office of no longer exists in its Cold War form . . . items if substantially identical items Technical Evaluation would be estab- DoD is relying increasingly on the U.S. com- can be acquired through another source lished in the Department of Commerce mercial advanced technology sector to push or if such items are produced and avail- to assess, evaluate and monitor techno- the technological envelope and enable the able for sale in large volume to mul- logical and other developments. And fi- Department to ‘‘run faster’’ than its com- tiple purchasers. For these reasons, we nally, S. 149 places a great emphasis on petitors. DoD is not a large enough cus- created the so-called ‘‘foreign avail- post-shipment verification resources of tomer, however, to keep the U.S. high-tech exports posing the greatest risk to U.S. sector vibrant. Exports are now the key to able’’ and ‘‘mass market’’ exceptions to growth and good health. . . . If U.S. high- export controls. national security. tech exports are restricted in any significant Specifically, the foreign available ex- As a final matter, I would like to dis- manner, it could well have a stifling effect ception acknowledges that unilateral cuss the role of penalties in S. 149. on the U.S. military’s rate of technological control on items that are readily avail- Under the 1979 act, and especially advancement. able from foreign sources are ineffec- under IEEPA, which we currently oper- Without a vibrant high technology tive, and in fact may be counter- ate under, penalties are modest from sector, our national security will suf- productive. The Defense Science Board any perspective. In fact, penalties are fer. And without the ability to export Task Force on Globalization and Secu- modest enough that businesses intent dual-use items, the high tech sector rity noted in its final report that: on violating our export laws simply will simply not be able to support our factor the penalties in as a cost of Shutting U.S. companies out of markets doing business. That is how inad- national security needs. We must not served instead by foreign firms could inhibit lose sight of this critical point. the competitiveness of the U.S. commercial equate, how modest, how unsatifactory This is not to say that we should advanced technology and defense sectors the current regime, both under the old never restrict exports of our goods, upon which U.S. economic security and mili- 1949 act and under IEEPA are. A com- services and technologies. On the con- tary-technical advantage depend. pany that willfully violates export laws trary. In fact, S. 149 is largely about es- Stated another way, Mr. John Doug- today is liable for a mere $50,000 per tablishing the most effective mecha- lass, president of the Aerospace Indus- violation—chicken feed. Under S. 149, nism for restricting the export of dual- tries Association, noted before our that company would pay a minimum use items that pose a potential na- committee that such unilateral meas- penalty of $5 million per violation, and tional security or foreign policy threat. ures punish the exporter rather than could owe significantly more. Individ- Based on recommendations from na- the importer. uals who willfully violate the law will tional security experts, including the The ‘‘mass market’’ exception like- owe a minimum penalty of $1 million Cox Committee and the WMD Commis- wise acknowledges the futility of try- and could serve up to a 10-year prison sion, S. 149 takes a risk-based approach ing to control items that are virtually sentence. Civil penalties for any viola- to export control. This approach is sen- uncontrollable by the nature of their tion of export law rise from $10,000 per sible, and allows resources to be used wide distribution channels, large vol- violation under IEEPA to $500,000 per where they are most effective. umes, and general purposes. violation under S. 149. My distinguished colleagues, reau- More specifically, S. 149 targets ex- While S. 149 strives to be as targeted thorization of EAA is critical to our port controls on those items and des- as possible, it also provides appropriate flexibility by recognizing that the nation’s interests. tinations that the U.S. determines to We are now operating under a grossly President should have the ability to pose the greatest risk to national secu- inadequate emergency control system, impose controls in certain critical cir- rity and foreign policy, while removing IEEPA, and that situation will not ineffective controls that serve as un- cumstances, including cases involving change until we enact S. 149. Our situa- necessary barriers to trade. This so- national security, international obliga- tion is urgent. Under current law, ex- called ‘‘tiering’’ approach is an inge- tions, and international terrorism. At porters face anemic penalties for viola- nious solution to the current situation. the same time, the bill promotes ac- tions, and in fact the entire structure Today, 99.4 percent of all export appli- countability, discipline and trans- is vulnerable to court challenge. Until cations are approved. This leads me to parency in the decision-making process we pass EAA, we do indeed face a na- believe that the current system is not through review and other procedures. tional security crisis. making effective use of our export con- Some have criticized S. 149 for reduc- In addition, we must not lose sight of trol resources. ing the power of the President in a way the impact our export control system My colleagues on the Banking Com- that I believe is, frankly, misleading. on dual-use items could have on our mittee determined that the U.S. export In fact, S. 149 grants the President un- high tech sector. The American econ- control regime should focus on control- precedented authority to set aside for- omy has achieved unprecedented ling those items that pose the greatest eign availability or mass market deter- growth largely as a result of high tech risk to national security. A useful way minations. President Bush and his na- innovations. In addition to creating of thinking about the right approach tional security team themselves be- wealth for our citizens, new tech- was voiced by Dr. Hicks before our lieve that S. 149 as reported gives the nologies have enhanced our national committee. He said the U.S. ‘‘must put President full and sufficient authority security by giving us a competitive up higher walls around a much smaller to maintain controls when it is in edge in development of our own secu- group of capabilities and tech- America’s national security or foreign rity systems. The bill beefore us does nologies.’’ policy interest. nothing to compromise our security. We on the Banking Committee iden- One other aspect of the bill worthy of On the contrary, S. 149 takes a com- tified two categories of exports whose note involves how risk management mon sense approach to export controls control does little to enhance our na- techniques can be used to target our that significantly enhances our na- tional security, and the control of export control resources. First, the tional security and economic vitality. which could in fact undermine our se- bill’s system builds in controls for S. 149 is bipartisan, and has the curity interests by endangering Amer- technological and political change by strong support of the administration, ica’s technology leadership. We deter- imposing a risk analysis requirement the national security community, and mined that it is best to heed the wise and continual review of controlled business organizations.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16291 This morning, our chairman, Chair- consideration commercial cir- about a small fraction—3 percent of man SARBANES, submitted for the cumstances and changes in the world, I our exports as balanced against what I RECORD the most recent letter express- think the balance between our national just described in the act. ing support for the passage of this bill security interests and our commerce I am not for some kind of equipoise, from President Bush, Secretary of De- interests is not there. or some kind of a balance, when it fense Rumsfeld, Secretary of State This is not really a bill, as I think comes to these things. We shouldn’t Powell, Secretary of Commerce Evans, about it, that is supposed to balance as control things that are uncontrollable. and National Security Adviser such. It is a bill that has very specific We shouldn’t be foolish about it. But Condoleezza Rice previously indicated purposes. It is consistent with our ex- we ought to have a very careful process her support for this bill—not the con- port administration process that we that is not weighted or prejudiced in cept but this bill. have had for decades in this country. It any way by those whose interest it is I thank many for the extraordinary is based on the notion that there are to get things out the door, whose inter- effort they have given to the creation some items we need to try to keep out est is to export, whose interest is to of this bipartisan legislation. This kind of the hands of some people for as long come to the White House and come to of legislation has the support of Repub- as we can. The most ardent proponents the Congress and lobby on behalf of licans and Democrats. It passed the of liberalized trade restrictions, of more and more exports for economic Senate Banking Committee on a vote course, would acknowledge that. We reasons. You don’t have the average of 19–1. It has the support of the admin- have the so-called rogue nations, and man on the street with a lobbying istration as well as the Senate. so forth, to which, we all acknowledge, team coming up here saying be very, A lot of significant work ought to be we should not let any of this high-tech very careful about how you liberalize credited to Marty Gruenberg of Sen- stuff get through. If we were really in our export control laws because we are ator SARBANES’ staff; Amy Dunathan of a world where the technology genie concerned about what we read about Senator GRAMM’s staff; Katherine were totally out of the bottle, I sup- what is going on in the world in terms McGuire of Senator ENZI’s staff; Joel pose we would not bother ever making of proliferation. The world has changed a lot. We Oswald, Senator ENZI’s former Banking the distinctions between really bad should look at these matters from time Committee staff; Paul Nash, my former countries and pretty bad countries and to time to see whether or not we are Banking Committee staffer; Naomi friends because it would be out there operating in the right century. We Campbell of my staff; and certainly for all to have. This is based on the don’t have the old Soviet Union any- Senator BAYH of Indiana and Senator proposition that is not the case, that more. We don’t have the threat that HAGEL of Nebraska have made signifi- there are some things controllable and posed. But in its place are several new cant contributions as well to the fur- that we should try to keep these things threats which, in many cases, are more thering of this legislation. out of the hands of some entities and dangerous than the ones we had. This legislation has been reviewed by some countries for as long as we can. We know, for example, that with the When you look at the purpose of the the Bush administration. They state in development of technology, weapons of act we are dealing with today, I think their letters there is intensive review mass destruction can now kill many, of S. 149. They express their strong sup- it correctly states that the purpose is many more people than they otherwise port. I express my strong support. It is about national security export con- could. There are ways of delivering my hope that this debate will proceed trols, it is not about enhancing ex- weapons of mass destruction that did in an expedited fashion and that we ports. In fact, you might say it is kind not exist a short time ago to countries will very quickly pass this legislation of anti-export. I think the norm is and such as the United States. by the overwhelming bipartisan margin should be that this country is for free We have biological weapons that it deserves, and that it will go to the trade. I certainly have tried to be one stagger the imagination with the de- President who asked that it be pre- of the leaders in that area. I think the scription of the devastation that just a sented to him for his signature. President ought to have trade pro- small amount of it can wreak, again, I yield the floor. motion authority. I think we need to accompanying that with the means to The PRESIDING OFFICER. The Sen- do more in that area. I think it is the deliver them, the means that did not ator from Tennessee is recognized. basis for a large segment of our eco- exist a short time ago. That is the Mr. THOMPSON. Mr. President, I nomic security and prosperity in this other side of the technological coin, would like to address S. 149. I believe country. the technology that has helped us in so my colleagues who have spoken are We had a debate with regard to a sec- many ways and has made the world a correct in that they have substantial tion of NAFTA recently. I think most better place. That is the other side of support for this legislation. I do not of us are very committed to the proc- that coin. It is real. doubt they have a majority of the ess. But the fact that we have an ex- Of course, the world has changed in Democrats and a majority of the Re- port administration process and an Ex- another way. My colleagues are correct publicans. I do not doubt they have the port Administration Act acknowledges when they say that more of this tech- support of the administration. My un- that, be that as it may, there are some nology is available around the world. derstanding was that the President things that bring in extremely serious In some cases, to some extent perhaps, made a campaign statement or com- national security considerations. there is nothing we can do about it. mitment with regard to this issue dur- I refer to S. 149. It says the purposes But in some cases, to some extent, ing the last campaign. President Clin- of this act are to restrict the export of there is something we can do about it. ton made the same commitment during items that would contribute to the Therein lies what we are trying to deal his campaign for President. military potential of countries so as to with here with regard to our export ad- The President had a group of high- prove detrimental to the national secu- ministration policy; that is, being very tech executives to the White House, rity of the United States. It further careful in making sure, with regard to just as President Clinton did, to pro- says the purpose is to stem the pro- the things we can have some control mote this sort of legislation. My col- liferation of weapons of mass destruc- over, even if it is just to slow down the leagues are correct in that the Presi- tion. It doesn’t really talk about a bal- bad actors that wish our country and dent now supports essentially a con- ance of those grave and primary con- our national security ill, that it is a tinuation of the Clinton policy with re- siderations that we all must acknowl- good thing to do. If we are not willing gard to the liberalization or loosening edge are, more than anything else, and committed to doing that, regard- of our export controls law. I disagreed against some commercial consider- less of what it does to trade in a cer- with it when President Clinton was ations. Here we are talking about I tain segment of exports, then we President. I disagree with it now. think our total exports to these con- should not have any export policy at While we need an Export Administra- trol countries, which are about 3 per- all; we should not have any export re- tion Act and while we need to take into cent of our exports. So we are talking strictions at all. I do not think we are

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16292 CONGRESSIONAL RECORD—SENATE September 4, 2001 there. I do not think that anyone overall policy of recognizing we live in China was described by the Rumsfeld would advocate that. a more dangerous world. But while re- commission as a significant But it concerns me to hear that my alizing that genie is out of the bottle, proliferator of ballistic missiles, weap- colleagues think by passing this bill we we are trying to—through our policies, ons of mass destruction, and enabling are in some way enhancing our secu- through our diplomacy, and through technologies. The PRC has sold mis- rity. We are not. You can make a case our policies—mitigate somewhat the siles to Pakistan, missile parts to that it is out of balance the other way, danger that we see. Libya, cruise missiles to Iran, and that we are trying to control things As I have stated, because of the pro- shared sensitive technologies with that are uncontrollable, and it is hurt- liferation of weapons of mass destruc- North Korea. All these actions have oc- ing our exports to the extent we need a tion, the world is a more dangerous curred despite the PRC’s public assur- new balance. I disagree with that place in many respects than ever be- ances and commitments to several strongly, but you can make that case. fore. Numerous reports have confirmed international proliferation regimes. But I do not think you can have your that a ballistic missile strike on the Within the last few days, this Gov- cake and eat it, too. United States is not a distant but an ernment sanctioned a Chinese company I do not think you can liberalize imminent threat. again for transferring missile compo- trade so people do not have to have li- The Rumsfeld report, published in nents to Pakistan. Even more dis- censes anymore for some of this dan- July of 1998, concluded that emerging turbing is that many of the items that gerous stuff while at the same time ballistic missile powers such as Iran China is proliferating to rogue nations claiming you are enhancing national and North Korea could strike the around the world may have been le- security. It is just not the case. And it United States within 5 years of decid- gally acquired from the United States. is not as if I have the answer as to ing to acquire missile capability. The Cox commission notes that China where to draw the line. It is not as if Shortly after that, North Korea sur- has deliberately taken advantage of my colleagues have the answer as to prised our intelligence agencies by suc- our lax export enforcement policies to where to draw the line. Reasonable ex- cessfully launching a three-stage rock- further its proliferation efforts. port controls that do not do any more et over Japan, essentially confirming China has illegally diverted or mis- harm than is necessary but protect us the Rumsfeld conclusions. Certainly used many sensitive dual-use tech- to the extent possible: It is very dif- they, along with Iraq, Syria, Libya, nologies or items to further their mili- tary modernization. In January of 2000, ficult to draw that line. and others, can strike our allies and What is important is that we have a our troops stationed abroad today. the licensing threshold for high-per- In September of 1999, the national in- process because that line has to be formance computers was 2,000 MTOPS. telligence estimate of the ballistic mis- drawn every day. There are thousands In January of 2001, the licensing sile threat concluded that the United of applications—15,000 to 20,000 applica- threshold was 75,000 MTOPS, a States would ‘‘most likely’’ face ICBM fortyfold increase in a 12-month period. tions—for exports on an annual basis. threats from Russia, China, North (Mr. NELSON of Nebraska assumed We must have a very carefully Korea, and possibly from Iran and Iraq the chair.) thought-out process where responsible over the next 15 years, and that North Mr. THOMPSON. As the Cox com- people, in all objectivity, with req- Korea could deliver a light payload suf- mittee points out, no threat assess- uisite expertise, have an opportunity ficient for biological or chemical weap- ment was ever conducted. As we have to pass on these things and make those ons to the United States right now. It seen the rapid decontrol of supercom- judgments. That is what this is all has also said that some rogue states puters in this country to countries about: whether or not we are setting up may have some ICBMs much sooner such as China, under the notion that, the right responsible framework, not to than previously thought, and those well, MTOP is not a valid criteria any- be so irresponsible that we shut things missiles would be more sophisticated more and they will get it from some- down, but, on the other hand, that we and dangerous than previously esti- body else anyway, the defense author- recognize that the world is a much mated. ization bill in 1998 required that if we more dangerous place, that countries The classified briefings are even are going to do this rapid decontrol of have the ability to harm us and harm more disconcerting. Perhaps the most our computers, that we do a national our allies, which would directly involve alarming report from these commis- security assessment as a part of that, us immediately, more so than ever be- sions and intelligence sources is that, because the real bottom line is, we fore, and that we must do what is rea- despite the urgency of this problem, don’t know what the effects of this sonably necessary to keep these things the United States’ lax export controls rapid decontrol are. We don’t know out of the hands—as the world’s lead- are contributing to the proliferation of what the significance to national secu- ing manufacturer in the creative ge- weapons of mass destruction by global rity is. nius behind most of the advanced tech- bad actors—our own export policies. We operated for a long time under nology that is going on in the world in The Cox commission concluded that the notion that it was very impor- so many areas now, that we have a U.S. export control policies have facili- tant—and the Cox committee will bear stewardship, we have a responsibility tated, rather than impeded, China’s this out—to try to keep the supercom- to use that in a proper and correct way. ability to acquire military-useful tech- puters at a certain level out of the As I said, it may be difficult to draw nology. The Rumsfeld commission has hands of Russia and China and coun- that line, but we must have a proce- said the U.S. export control policies tries such as that because they use dure that errs, if it is to err, on the side make it a major, albeit unintentional, them for nuclear simulation, their of national security. Because even the contributor to the proliferation of bal- stockpile enhancement programs, bill, as drafted, points out that this is listic missiles and associated weapons things of that nature. We have totally the purpose of the Export Administra- of mass destruction. changed our view about that based on tion Act. This is the fundamental pur- There you have it. I do not know how no study, based on anecdotal comments pose of an Export Administration Act. it can be stated much plainer than that by people who come and testify before So does this act take into consider- and with more authority than that; these committees who have a direct or ation sufficiently the matters of na- that we have a serious problem on our indirect interest in companies or rep- tional security? And does it take into hands and that our own policies are resent companies that are interested in consideration sufficiently the matters contributing to that problem. exporting in many cases—not all of of commerce and exports? Nowhere is it more clear than in the them, but many—time after time. We If we are going to talk about balance, case of China, which is really the coun- have not really had any in-depth study let’s talk for a minute about the side try that stands to benefit from changes or analysis by this Government as to where we have our concern, the things to our export control laws the most, what the effect of this substantial that we are trying to address. In many and, ironically, is also the country of change in our policy is to our national different ways this is just a part of an greatest proliferation concern. security.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16293 I am not saying I know the answer. I We see from the Rumsfeld report, the used, that concept was not even used in rest assured that no one else, even in Deutch commission, the biennial CIA prior administrations. this body, has the answer. It is ex- reports, the nature of this threat and Now I am sad to say that the embed- tremely complex, but it is extremely the fact that it is based on technology, ded component was, but it makes less important. I know of no other change technology in some cases where we are sense of all. If an item is controlled and of that importance in that short period certainly the leader. We know that a deemed to be significant from a poten- of time that has undergone less assess- lot of this proliferation activity from tial national security purpose, under ment. That is one of the things we these rogue nations, a lot of their as- this bill if it constitutes 25 percent or should address. sistance comes from China. We claim less of the item that it is incorporated The PRC diverted and used these we need a missile defense system. I be- in, then it is decontrolled. American supercomputers to improve lieve we do because of the threats these So if you have a controlled item and their nuclear weapons. The Cox com- rogue nations present to us. They, in it is put into an item that is bigger and mission notes that in 1992, U.S. sat- turn, are getting their capability in worth more, that is not controlled, ellite manufacturers transferred mis- significant part from countries such as that makes the item that is controlled sile design information to the PRC China and Russia. We simultaneously, decontrolled. Of course, all an importer without obtaining the legally required with all of that liberalizing of our ex- has to do, in some cases, is to buy the license, and China used that informa- port laws, make it easier to sell high larger item and take out the item that tion to improve the reliability of its tech items and equipment to China and perhaps he wants, which is the embed- rockets. Russia. That does not make sense. ded part. We are all familiar with the Hughes- Where is the balance? What do we If it is significant from a national se- Loral problem. I noticed the report in balance that threat against? What is curity standpoint before it goes into the Wall Street Journal the other day the concern—that our export licensing the larger item, it is significant from a that Loral apparently is about to cut a procedure is too onerous? It is not like national security standpoint after it is deal with the State Department and we are stopping these exports. As was put into it. What does money have to Justice to pay a fine and still be al- said, 99 percent of them are approved. do with it? What is the fact that it is lowed to go ahead and launch Chinese It is just the ones that are disapproved or is not 25 percent of the price of a rockets in the future, going back to that are really important, important larger item? Of what significance is their business. I will be interested in to our national security. It is not like that? Especially from a national secu- comparing the amount of that civil we are trying to stop a great many ex- rity standpoint. That makes no sense fine with the profit they make over the ports because we are not. We are trying whatsoever. subsequent launches that they have in to have a procedure where we are more So when we talk about building high- their deals with the Chinese. er walls around fewer things, point out In 1993, China diverted six high-preci- likely to not let something important the higher walls to me. When we talk sion machine tools it obtained from slip through the cracks. about making it more difficult to ex- McDonnell-Douglas and used them to Let’s be clear about how much busi- manufacture military aircraft and ness is at stake. The total value of port some things, making it easier for cruise missile components. Just goods subject to export controls in 1998 some and harder for others, somebody months ago we learned that Chinese was approximately $20 billion, less point out to me the things that this technicians were installing fiber optic than 3 percent of U.S. exports. The fact bill makes it more difficult to export. cable for Iraqi air defense in violation that an item is controlled does not This legislation provides broad and of U.N. sanctions. This fiber optic sys- mean that it can’t be exported. It only sometimes exclusive authority to the tem is based on U.S. technology sold to means that it has to go through a re- Secretary of Commerce on important China in the mid-1990s. view process. The overwhelming major- procedural issues such as commodity According to published reports, we ity of them are approved. classifications, license and dispute re- have discovered twice that companies But what this legislation does is take ferrals, license exemptions, and devel- in China were assisting Saddam Hus- certain categories, incorporated parts, opment of export administration regu- sein with regard to his antiaircraft ca- mass marketing, foreign availability, lations. pability, which is what this fiber optic and says, with regard to those items, I have a lot of faith in our new Sec- cable is used for, in order to help him with regard to those matters, if some- retary of Commerce. I think he is a shoot down our aircraft in the no-fly one within the bowels of the Depart- fine man, excellent choice, and is doing zone. There have been over 300 inci- ment of Commerce essentially decides a great job. But the fact remains that dents where Saddam’s troops have shot that they fit into these categories, you the mission of the Department of Com- at our aircraft over that no-fly zone. I don’t have to have a license at all. You merce is to promote exports. We used hope and pray they never hit one. I don’t have to go through that process. to criticize Secretary Ron Brown for hope and pray that if they do, we don’t It decontrols those matters and takes his export policies and getting items discover that the technology used to them outside of the regulatory process changed from one list to another to shoot that airplane down did not origi- altogether. make it easier to export, and things of nally emanate from the United States They say the President can stop it. that nature. The Commerce Depart- of America. I would not want to be the We will talk about that in a minute. ment simply doesn’t have the per- one to try to tell the mother of that First of all, let’s understand what we sonnel and expertise to protect na- pilot who was shot down: Ma’am, we are doing here. In the past there was no tional security. It should not have to. are sorry about your son, but they such animal as the one I just described. That is not their job. Somehow we probably could have gotten this ability In the past, foreign availability was le- have set it up this way. from someone else if we hadn’t given it gitimate as a consideration, and it We are letting the tail wag the dog. If to them. ought to be. When the licensers looked national security concerns ought to be The Cox commission informs us that at the matter, if there was foreign given adequate consideration in an ex- China pursues a deliberate policy of availability, that was something they port decision, the Departments of using commercial contacts to advance could take into consideration in State and Defense must be given great- its efforts to obtain U.S. military tech- issuing the license. Now it is taken out er authority and a greater role in this nology. The commission states that of their hands. If someone in com- process. This legislation doesn’t do China uses access to its markets to in- merce, their technical evaluation that. Really, to the contrary, it in- duce U.S. businesses to provide mili- team, decides that there is foreign creases the authority of the Depart- tary-related technology and to lobby availability, it doesn’t even come ment of Commerce. on behalf of liberalized export stand- through the process anymore. Let me go over a few things here, and ards, a policy that has had significant Mass marketing is a whole new con- keep in mind, first of all, the purposes success. cept. Mass marketing was not even of this bill, the stated purposes of this

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16294 CONGRESSIONAL RECORD—SENATE September 4, 2001 bill. I didn’t hear it discussed much require the concurrence or approval of new categories that are essentially de- when we were talking about the details any reviewing department. termined by the Secretary of Com- of it. I think it is probably the most Finally, the catch-all provision in S. merce to decontrol and then say to our important part: 149 provides that unless otherwise re- President: Catch me if you can? To restrict the export of items that would served to the President or department If we have made a mistake out of contribute to the military potential of coun- or agency in the United States, all these thousands of applications we get tries so as to prove detrimental to the na- power, authority, and discretion con- every year—another section says the tional security of the United States. ferred by this act shall be exercised by President cannot delegate this author- And also: the Secretary of Commerce. ity, so let’s make it as tough on him as To stem the proliferation of weapons of Mr. President, that is substantial au- we can; he does not have many other mass destruction.... thority and control by the Office of the responsibilities; let’s create these That is the stated purpose. Whose job Secretary of Commerce. Regarding whole new avenues of decontrol and is it to do that? Well, we are going to matters of national security, they then say to the President: You have give it to the guy who is in charge of should not have to bear that much re- the authority if you can come up with commercial activities. sponsibility. So now in the act here, we something. Look at some of these areas. The are not really building higher walls I do not know how much longer he is Secretaries of Commerce and Defense around anything. We are not trying to going to sit over there with a skeletal must concur in order to add items to come up with a procedure to determine staff in some of these departments. the control list. While this is an im- the national security implications of Some people are estimating it will be provement over the previous draft of S. what we are about to do. We recognize 14 months before he gets his full team 149, which left sole discretion to the that there is more dangerous tech- together, as far as his government is Department of Commerce, S. 149 still nology out there than ever before, and concerned. gives the Department of Commerce a we are providing it to people who are Assuming the President does have veto over the Department of Defense if misusing it, but we want to continue to the authority ultimately to step in, is the Secretary of Defense believes an do that at a more efficient rate. that a wise idea? We are not just giving item should be controlled on the na- With regard to the increased pen- him new authority to step in with re- tional security control list. alties on exporters, I think by and gard to an old situation. We are cre- Secondly, on commodity classifica- large that is an improvement. But the ating a whole new situation, a much tion, the Secretary of Commerce has act totally decontrols large segments more decontrolled situation, and giving sole discretion over classifying items of exports. So if you are decontrolled, him the invitation without delegating when exporters make commodity clas- how are you going to get in trouble? If any authority. If he personally wants sification requests. These classifica- I were an exporter, I would make that to step into one of these situations, he tions determine whether items will re- tradeoff, too. Give me a penalty on has the authority to do that. He did quire license or not and are particu- something that there is no way I could not need this authority before because larly critical for new technologies. ever be accused of violating if it falls we did not have a concept such as for- eign availability except as something Commerce must notify Defense, but it under one of these items that don’t to be considered. We did not have a is not required to solicit any input. even require a license. How do you vio- concept of decontrol based on foreign What about the interagency dispute late something like that? We are going availability or mass marketing up resolution process? Well, S. 149 gives to make a higher, more onerous pen- the Secretary of Commerce sole au- until this bill. alty on you for violating this, but we Under those sections, if a company thority to select a chairperson of, and are going to amend the law so it can persuade the Department of Com- determine procedures for, the inter- doesn’t apply to you. merce that it ought to be decontrolled, agency committee to review license ap- The Presidential override: It is true then it is decontrolled; there is no li- plications. The chairperson considers that there is a section here that, as the cense requirement. We cannot even the positions of all the reviewing agen- proponents indicate, really does over- keep up with the number of computers cies but then makes the final decision ride both the incorporated parts provi- we are sending to China or anywhere on the license application. The only sion and the mass marketing and for- else. We do not even have a list to role of the Department of Defense is to eign availability provisions. In other make some cumulative effect assess- provide a position, and additional lev- words, the President can step in re- ment if we wanted to. els of review are resolved by a majority gardless of any of those provisions. To The business community ought to vote. me, it is inconsistent with and renders have their say. I get the top rankings What about foreign availability and a nullity many of the provisions in the from the businesses and small busi- mass marketing? The Secretary of foreign availability section, for exam- nesses. I do pretty good by them. But I Commerce has sole authority to deter- ple, because that section says the must say, when it comes to matters of mine whether items are foreign avail- President must jump through all these export controls based on national secu- able or mass marketed. He must con- hoops and go negotiate with all these rity in a world where we are being sult with other agencies, including the countries and report back to Congress. threatened as we speak by weapons of Department of Defense. Since items de- In other words, Mr. President, if you mass destruction, it irritates me some- termined to be foreign available and are going to step in on behalf of na- what when I see in this export bill ‘‘the mass marketed are automatically re- tional security, we are going to make Secretary shall permit the widest pos- moved from the national control list it awfully tough on you; you have to sible participation by the business and decontrolled, this authority to jump through all these hoops. They are community on the export control advi- Commerce essentially creates a loop- saying: Enhanced control provisions, sory committees.’’ hole around the Department of Defense no, no; the President, if he wants to use This bill allows the Secretary to ap- veto over removing items from the na- this section, does not have to do all point advisory committees to advise tional security control list. that; in other words, if there is a sig- the Secretary on these matters—quite What about issuing regulations? The nificant threat, not just a threat to na- objectively, I am sure. It also says the Department of Commerce and the tional security but a significant threat Secretary has to disclose to them in- President have the authority to issue to national security. formation consistent with national se- regulations. These regulations must be I am not sure how all that operates. curity and intelligence sources and submitted for review to any depart- I think it bears more studying. I think methods pertaining to the reasons for ment or agency the President considers we are going to have to look at those the export controls which are in effect appropriate, but the legislation explic- sections together. If it does what is or contemplated. itly notes that the requirement to sub- suggested, I still think we need to ask If you want to impose any export mit the regulations for review doesn’t ourselves: Do we want to create whole controls for national security purposes,

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16295 you have to go to these business enti- way. We have to have a fair shot. All consent of all the reviewing agencies ties and explain what you are doing this is weighted too heavily on the side on a license application. The Cox com- and why you are doing it. Not only is of people who have vested interests in mittee recommended that. It can still that unnecessary, I am afraid it gives foreign commercial relationships. be taken up and ultimately approved if an indication or it belies the purposes We have a $100 billion trade deficit need be, but if the Department of De- of this act. with China today. I just got back from fense, for example, objects and no one This bill is going to pass, and we all China with the distinguished chairman else does, or the CIA or whoever, know that. The forces behind it are of the Banking Committee. The biggest should that not require their sign-off? strong. When you have the administra- meeting we had was with the American As to postshipment verification, S. tion and probably the majority of both Chamber of Commerce in Shanghai. We 149 says the Secretary of Commerce parties supporting it, that is a pretty have tremendous foreign investment may deny licenses to countries that fair indicator. I understand that. But over there. That is fine. That is well deny postshipment verification, al- for some time now, starting back a and good. But surely to goodness we though it says the Secretary shall deny couple of years ago, the chairman of are not going to let that cause us, when licenses to particular end users. I sug- the Intelligence Committee, the chair- we are considering matters of this na- gest we add to that language that the man of the Foreign Relations Com- ture, to come down too heavily on Secretary of Commerce shall deny li- mittee, the chairman of the Armed making the process more efficient for censes to countries. Why do we man- Services Committee, the chairman of exports of potentially sensitive mate- date denying a license to an end user the Governmental Affairs Committee, rials. that will not let you verify it but leave and the chairman of the Commerce Again, we are not even talking about it discretionary with the Secretary of Committee, along with Senator KYL, stopping exports. What we are talking Commerce to deny to a country that who is an expert in these matters, have about is a procedure where, more likely will not let you verify, when in many, had grave concerns about the balance than not, we can stop from making one if not all, of these cases it is a country we are striking; that we are continuing substantial mistake. We should not policy? a policy based upon the tremendous back end load this process and put all We have an agreement, for example, pressures that are being brought to that responsibility on the President, if with the country of China. If we are bear and based on campaign commit- he or his people are fortunate enough being denied the right to go in and do ments that were made. It is not in the to catch something on which those our postshipment verification, it best long-term interests of this Nation. who, with good intentions, just simply makes no sense to blame it on a com- I do not think any of us can say for do not have the expertise to make a pany. It is the country that is denying sure to what extent it is not or in what call. us. So why should we make it manda- way our security might be harmed, but That is what we are concerned about. tory on a company but discretionary we are concerned that the process is So I hope in the rush to get this bill ap- with the country that is calling the not properly weighted. We are con- proved and passed, which will eventu- shots? As to foreign availability, the defini- cerned that if we are going to err, we ally happen, we will have an oppor- tion of ‘‘foreign availability’’ requires err on the part of national security; tunity to get some fair considerations only that an item or substantially that when we are willing to engage in for some amendments. I would over- identical or directly competitive item such debate to take on our European haul this whole bill if it were left up to be available to control countries from allies, to take on Russia and China all me, but it is not, and I do not have the sources outside the United States in for the sake of a national missile de- votes. I am not going to stand in the sufficient quantities at a price not rea- fense system, based on the concept of way any longer. We have held this up sonably excessive. This definition does tremendous threats this country now for a couple of years, and we can- not speak to relative quality. In other faces—and I believe in the system—we not do it any longer. The votes are too words, if it is out there, if other coun- must move forward on it because I be- great, and I see that. We could not fili- tries can supply it but if it is not the lieve in the threats, but we are refusing buster it successfully if we wanted. same quality as that of the United Surely we can consider some amend- to acknowledge and recognize what is States, and it is potentially dangerous right before us and that we are helping ments that just as an example might and it is something that can poten- to create the threat. give a little bit more time to an agency tially be used for military purposes to When we are exporting high-tech to review a complicated export request a country of some concern, would we items to countries that have already based on the potential impact of the not want to take into consideration shown that they will take them legally export on national security. An agency the fact we are liberalizing or loos- or illegally, that they will divert them now only has 30 days. If they do not get ening our standards because they have for military purposes, that they will back within 30 days, it is deemed to be access to a similar item even though it send them to rogue nations, and we approved. Thirty days is fine for most is not of the same quality as our item? come up with a concept to make it things, but they ought to be able to We ought to consider that carefully. even easier because it takes 40 days to have 60 days, if they need it, for the The deemed export issue, the defini- go through a licensing process—we do complexity of the analysis or if the re- tion of ‘‘exports’’ in S. 149 includes not want our companies to have to viewing agency requires additional transfers of items out of the country or wait 40 days for people take an ade- time based on the potential impact of transfers of items within the country quate look at this before they do that— export on national security, a bit of ad- with the knowledge and intent that a I do not think we have our values in ditional time under those cir- person will take the item out of the the right place; I do not think we are cumstances. country, but it does not cover any looking at what is right before us. I hope we consider an amendment re- transfer of technology to a foreign na- I am not suggesting we not reauthor- quiring the Secretary of Commerce to tional. ize the Export Administration Act. I refer commodity classification re- We have had a concept of deemed ex- am not suggesting we build a wall quests to the Secretary of Defense and ports in this country for a long time, around our technology. We know we the Secretary of State. The current and that is if you give a foreign na- cannot do that. But we must have a draft of the bill requires the Secretary tional the same kind of controlled in- procedure that is not dominated by of Commerce to notify the Secretary of formation that is sent abroad, it ought commercial interests, either outside Defense of commodity classification re- to operate under the same rules if it is Government or inside Government. quests, but there is no referral, and the the same information because of the And those in the Department of Com- Secretary of State is not even required potentiality of it getting back, and we merce who are rightfully concerned to be notified. know that happens. about our commercial interests, that is That is a prudent addition, an im- Under the current definition of the their job. It cannot be dominated that provement. We should have unanimous statute, the Secretary of Commerce

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16296 CONGRESSIONAL RECORD—SENATE September 4, 2001 has discretion over whether to control feelings on both sides and make valid boosts the budget by about 50 percent. deemed exports. I do not think the Sec- points on both sides. Everyone is try- We are talking about a 50-percent in- retary of Commerce ought to have that ing to strive for the right thing and the crease in the commitment of resources. discretion. proper balance, and hopefully at the I listened carefully to my colleague. Now my concern here is that there end of the day we will have something A fair amount of what the Senator dis- has been pressure from the business that will not produce grave concern cussed involved matters that are not community to eliminate the deemed among the American people. affected in the export control regime. export requirement altogether, and S. I yield the floor. If a nation is transferring military 149 includes language stating it is the The PRESIDING OFFICER. The Sen- technology, that is not part of the ex- committee’s understanding that the ator from Maryland. port regime which deals with dual-use administration will be reviewing the Mr. SARBANES. Mr. President, I will technology. We confront that situation deemed export process with a view to- take a few moments to make a brief re- in some instances. ward clarifying its application. I do not sponse to my able colleague from Ten- I was interested by the reference of have any idea what that means. What I nessee. I know the distinguished Sen- the Senator to these various commis- think it means is that we are going to ator from Wyoming also wants to sions. My colleague from Wyoming, in work to get rid of this sucker, but we speak. fact, was the cochair of one of those need a deemed export rule and we need Much of what was contained in my commissions investigating some of the it to be mandatory. colleague’s statement I agree with re- problems. There were a number of ref- We had hearings and heard countless garding concerns and how to address erences to the commission chaired by hours of testimony about what was them. I think there are basic dif- Rumsfeld in terms of our export pro- happening in our National Labora- ferences of perception of this bill and gram. I point out to my colleague we tories when we were concerned about what it does. As I said at the outset, I have a letter today from the same the information was getting out, and am frank to say I think the bill pro- Rumsfeld, as far as I understand it, en- we saw the thousands of hours and vides greater protection for national dorsing this legislation and urging thousands of people who were coming security and foreign policy interests Members to act on it. That is the very in from other countries who had access than either the previous Export Ad- Rumsfeld, unless I am mistaken, being to information. Private industry was ministration Act or the regime in place cited in terms of a particular point of doing much better than the Govern- under IEEPA. view with respect to export controls. ment, but our own Government people In my opening statement I didn’t One item the Senator mentioned as a were not submitting the necessary doc- have the material at hand and I made possible amendment, the notion that umentation for deemed exports to tell reference to the significant improve- there had to be a unanimous decision our people what information these ment in the commitment of resources of the interagency group with respect folks had access to. It was common for enforcement which is extremely im- to a license approval. What that means sense. We do not want to cut off foreign portant in any regime. You can have a is the issue then would never get off of students. We do not want to cut off for- nice paper regime, and if you do not the first tier in terms of going up the eign experts, the technology; it bene- have the resources for enforcement it appeals process because any one of the fits our own economy; we need that does not have any reality. I will go departments or agencies involved in interplay. But it is common sense to through those quickly. the interagency review could, in effect, protect yourself a little bit. We need to Beginning on page 296, we have a stop it at that level. do that. number of provisions of additional re- That is not the scheme of the legisla- There are others we might consider, sources for enforcement programs. I tion. The scheme of the legislation is but those are some I hope within the want those in the RECORD because I that the matter can move forward as next couple of days we have the oppor- think they are important: $3.5 million long as there is a majority decision, tunity to consider in some detail with additional authorization to the Depart- but the dissenting voice in the major- an idea toward tightening it up some, ment of Commerce to hire 20 additional ity decision can take it to the next and making it so when we leave this, employees to assist U.S. freight for- level for review so it can be moved up having passed it, we have not unwit- warders and other interested parties in the line in terms of the officials exam- tingly done something that made it developing and implementing on a vol- ining this matter, and eventually, of more difficult in the operation of this untary basis, a ‘‘best practices’’ pro- course, can be taken right to the Presi- process. It all sounds pristine when we gram to ensure that exports of con- dent for an ultimate decision that will describe it. trolled items are undertaken in com- resolve a dispute between one depart- It goes here and here and here, and pliance with this act. ment and another with respect to the then someone has this right and the We are trying to draw on the export issuance of a license. If they all agree other fellow has the other right and community, in effect, to become an ac- that the license should be issued, it these thousands of things that come tive partner in trying to maintain the will be issued; if they all agree it rushing through, but in actual applica- controls and support the regime. The should not be issued, it will not be tion it is not always quite that smooth. freight forwarders are an integral as- issued. This bill, thank goodness, devotes some pect of the export process. This provi- What do you do if they differ? If they additional funding for this licensing sion would be very important. differ and you require unanimity for process, which I think is a good thing. We go on to $4.5 million to hire new issuing the license, in effect, it is Let us make sure that in all of this we investigators to be posted abroad in blocked at that level. What this ar- do what we can, at least around the order to verify the end use of high-risk rangement provides is that you can edges, is the way I would look at it, to dual-use technology; $5 million for the continue to move forward, but an ap- make sure we give enough time to end-use verification program. That is peal can be taken to the next level and properly consider these things, and we in addition to the authorization I was to the level beyond that and eventually have them considered by the entities just talking about. The station over- to the President for a determination. I that ought to be looking at it and not sees investigators. There is $5 million think that is a much fairer process. It being totally weighted or unduly for upgrading the computer licensing is a more open process. It is a more weighted toward the commercial side. and enforcement system within the De- transparent process and that means So I look forward to the discussion. I partment of Commerce; $2 million for that the exporters at least will get a congratulate my colleagues on their additional license review officers, and decision and will not simply disappear perseverance to get this bill this far. $2 million to train license review offi- into the great void where they are left We have been arguing and discussing cers, auditors, and investigators. That without any decision. this bill for a long time. It is one of is a total of $22 million in additional Much of what has motivated the those cases where people have strong enforcement programs. It significantly business community is the argument

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16297 that ‘‘we need to know, we need a judg- control that enables him to deal with nature because that 18-month require- ment.’’ If we can’t do the license, let us parts and components. It enables him ment certainly would be obviated, and know we cannot do the license within a to deal with foreign availability. It en- it would make the requirements under limited period of time and we will go ables him to deal with mass marketing the set-aside unnecessary. on about our business in other ways. If in which, in effect, a very, very broad Will the Senator comment or give me we can do the license, let us know authority and power has been com- his view on that? There is a lot of legis- within a period so we are in the bidding mitted to the President. That is one of lation here. I have referred to it once. or competitive process in terms of try- the reasons it seems to me clear that We will have an opportunity to discuss ing to land this contract. the administration and the various of- it. I don’t think we can go from the ma- ficials are supportive of this legisla- Mr. SARBANES. I understand ex- jority to unanimity because then we tion. actly what the Senator is referring to. are right back where we were. One of We are trying to improve the process, The Presidential set-aside of foreign the old problems we have confronted is provide some certainty in how it availability status determination, an impediment and a burden on trade works, make sure the private sector which is section 212, is designed to en- without making a contribution to na- gets answers, and at the same time re- courage the President, in a foreign tional security that can’t be achieved serve to the President the ultimate au- availability issue, to achieve, if pos- according to the procedures in this leg- thority to make control decisions sible, a multilateral agreement through international negotiations. islation. It is not as though we say if based on national security and foreign And that is sort of spelled out in there there is a majority decision at the low- policy interests. So I think the basic as part of the purpose. You know, we est level, that decides the matter. That scheme, the basic arrangement is one emphasize negotiations, the reports to only begins the process and the depart- that, in fact, deals more adequately the Congress, the periodic review of de- ment that has been outvoted can ap- with national security and foreign pol- termination, and the expiration of the peal the matter and take it up the line. icy interests than either the existing set-aside at a certain period, although It seems to me that is a much more regime now under IEEPA or the pre- he can renew it for 6 months over three sensible way in which to proceed. I vious Export Administration Act. times, for an 18-month period. think one of the things this bill pro- Mr. THOMPSON. Will the Senator Over and above that, the President is vides to industry, which I think they yield? given an enhanced control authority in are reasonable in seeking, is a defined Mr. SARBANES. Surely. section 201(d). That is on page 183, sec- process within a limited time period Mr. THOMPSON. I would appreciate tion 201(d). Let me read that because I that in the end gives them an answer, a clarification on comparing the Presi- think it makes it clear that, without yes or no. But it gives them an answer. dential set-aside on foreign availability being bound up in the process of sec- That is an improvement over current with the enhanced controls; the former tion 211: arrangements where they may well be section, section 212, and enhanced con- Notwithstanding any other provisions of simply left in limbo. It is reasonable to trols is under 201. this title, the President may determine that expect the Government decisionmakers I will ask a question in a moment. I applying the provisions of section 204 or 211— and the Government process to work in know the Senator knows that under Section 204 is the parts and compo- such a way that in the end they get a 212, the Presidential set-aside, if he de- nents section. ‘‘Incorporated Parts and decision. termines that failing to control an Components,’’ is section 204. One of the premises on tightening up item would constitute a threat to the Section 211 is, of course, the ‘‘For- is that if you have foreign availability national security, the President can eign Availability and Mass-Market or mass market, that you are not con- set aside the Secretary’s determination Status’’ section— tributing in any significant way to of foreign availability. Then it requires the President may determine that applying stemming the spread of technology by the President to pursue negotiations, the provisions of sections 204 or 211 with re- inhibiting it because it is available as the Senator has described. It re- spect to an item on the National Security from other sources generally available. quires the President to notify Congress Control List would constitute a significant threat to the national security of the United So it seems sensible to try to take that he has begun such negotiations. States and that such item requires enhanced those goods and services out of the sur- The President shall review a deter- control. If the President determines that en- veillance as a starter. We do not do mination at least every 6 months and hanced controls should apply to such item, that anywhere near completely because notify the committees. Then, 18 the item may be excluded from the provi- in both instances we provide authori- months after the date, the determina- sions of section 204, section 211, or both until ties whereby that can be suspended. tion is made; if the President has been such time as the President shall determine The reason we have the double Presi- unable to achieve an agreement to that such enhanced control should no longer apply to such item. The President may not dential authority—for example, on for- eliminate foreign availability with delegate the authority provided for in this eign availability—is the part in the for- these other countries he is negotiating section. eign availability section is designed to with within the 18 months, then the That is a pretty far-reaching author- get the executive to try to negotiate set-aside is lifted. But when you come ity. We seek the President’s determina- and arrive at a multilateral restraint. over here to enhanced controls, it tion on that. Then the only report is, This technology is available, foreign seems to give the President broad au- the President shall promptly report available, so it can be acquired there— thority to lift the application of provi- any determination described in para- comparable technology. If that is so, sions of, in this case, foreign avail- graph 1 along with specific reasons for we are saying to the President: You ability. the determination to the Banking should try to see if you can negotiate I take it from what the Senator said Committee in the Senate and the Inter- an agreement. We have the three 6- a moment ago he thinks with enhanced national Relations Committee in the month periods, the 18-month period, in controls the President would still be House. which if he has not been successful in required to enter into the negotiations Mr. THOMPSON. Will the Senator doing that, that authority, in effect, with foreign countries, for example. yield for a moment? comes to an end. But we have the gen- And, if so, which of these other provi- Mr. SARBANES. Sure. eral catch-all authority which enables sions—the notifying Congress—presum- Mr. THOMPSON. I just noticed when the President to, in effect, limit or con- ably the cutoff would not apply, the 18- the Senator was reading under en- trol it or prohibit it on the basis of the month cutoff. hanced control that it refers to control general authority. I am a little curious, if the President 204, incorporated parts, 211, which has The mass marketing does not have has enhanced controls, you would to do with the determination of foreign that. He can keep rolling that over, if think that would obviate all of these availability along with mass mar- he chooses. But, in any event, he has other reporting conditions and negotia- keting. But it does not refer to 212. En- this reserve power under the enhanced tion requirements and things of that hanced control does not refer to 212; it

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16298 CONGRESSIONAL RECORD—SENATE September 4, 2001 refers to 211, which has to do with mak- what is being done, the sort of standard security and foreign policy interests, ing the determination of foreign avail- way of proceeding, so to speak, on both and it is one of the reasons that I think ability, but it does not refer to 212, foreign availability and mass mar- the administration, after very careful which has to do with Presidential set- keting would be to follow the proce- review of this legislation, is so sup- aside. dures in 212 and 213 which have been portive of it. The first question would be, Do in worked out and are designed, as I said, Mr. THOMPSON. I thank the Sen- fact the enhanced controls override certainly in the case of foreign avail- ator. 212? ability, to accomplish the objective of Mr. SARBANES. I yield the floor. Mr. SARBANES. Surely 212 defines trying to develop multilateral negotia- The PRESIDING OFFICER (Mrs. how the President can carve out from tions. CLINTON). The Senator from Wyoming. 211 foreign availability, and 213 defines So this is the process you set out to Mr. ENZI. Madam President, I will how the President can set aside mass be followed. Conceivably, that is the make brief comments while my col- market status determinations, both of process which, generally speaking, the leagues are preparing to speak. which are in section 211. So 211 sets out executive branch would pursue. But in I am pleased we have had the opening these things, and then 212 and 213 pro- a sense, in an abundance of caution, statements that we have had so far, vide the Presidential carve-out from with respect to national security and and particularly I am pleased with this the requirements of 211. This isn’t rel- foreign policy interests, we give the en- colloquy we have just had which shows evant if the President invokes section hanced control power to the President that we have built some supreme au- 201(d) because 201(d) in effect negates contained in 201(d). There he doesn’t thority into the Presidential position section 211. So there is no reason to go have to go through these notices. He that gives the President the right to to the carve-outs in 212 or 213. The doesn’t have to go through these proce- trump the other provisions that are in President doesn’t have to invoke 201(d). dures. He is not bound into a time- the bill but that still puts a process in And he can do the carve-outs according frame. place which we hope will be followed to 212 and 213, depending on whether it But you don’t simply do that. If you because foreign availability will defi- is foreign availability or mass market. just did that and nothing else, you nitely bite us if we do not work with Mr. THOMPSON. I see what the Sen- would have, in a sense, sort of a process other countries to control it. ator is saying. If you are assuming that without any sort of standards or re- Mr. SARBANES. Right. the determination made by the Sec- view. Mr. ENZI. That is why we are con- retary of foreign availability and the We have a process of standards and centrating on the multilateral control President’s decision to set that aside review. But then we go on to say, as I as opposed to the way we have been were made simultaneously, I am won- said, with an abundance of caution, doing it which is the unilateral con- dering whether or not there could be a that in any event the President can ex- trol. Unilateral control does not work. situation where that would not be the ercise the 201(d) authority. That is es- Every report shows that. case, that a determination could be sentially to take care of the argu- I also thank the Senator from Ten- made of foreign availability by the ment—actually, I think the Senator nessee for his comments about the Secretary. The President doesn’t have used the phrase earlier in his state- commission that was chaired by Mr. anything to do with that. Then at a ment about unintended consequences. Rumsfeld and the expertise that he al- later date the President makes a deter- This is really to foreclose any unin- luded to—and I would confirm—that mination that this is not working out tended consequences in sections 212 and Mr. Rumsfeld has on weapons of mass very well and he wants to use his en- 213 by giving the President this broad destruction. Of course, one of the rea- hanced authority. But enhanced au- authority contained in 201(d) on en- sons that I am very willing to point thority doesn’t refer to 212, which gives hanced controls. that out is to reemphasize the letter him the right to set aside which for- Mr. THOMPSON. It seems to me that we had printed in the RECORD this eign availability would subsume. what we are getting down to is that if morning from the Secretary of State, Mr. SARBANES. No. I don’t want to a foreign availability determination Colin Powell, the Secretary of Defense, bring in 201(d) under 212 or 213 because has been made, the President has the Donald Rumsfeld, and the Secretary of 201(d) is over and above 212 and 213. discretion of operating under 211, going Commerce, Donald Evans, which is This is a tremendous authority to give through the notice requirements, going dated today, and was delivered to us, to the President. It is over and above. through the consultation require- that shows the support of these three If you subsumed them under, then you ments, and going through the negotia- Secretaries for S. 149. It isn’t a hedged would be creating problems. tion with foreign governments—— support; it is a very specific support. Mr. THOMPSON. That gets to my Mr. SARBANES. It is 212. We appreciate the expertise of Mr. second point, if I may. I go back to my Mr. THOMPSON. Yes. Rumsfeld in the area of weapons of original question. If that is the case, Mr. SARBANES. It is not 211? mass destruction and, while these are then why is the section under 212—the Mr. THOMPSON. That is correct. But dual-use items, he gives the same level set-aside that has to do with the Presi- he may not proceed linearly. When a of credence to our bill as to his report. dent’s actions in the case of set-aside, determination is made of foreign avail- Another fine line that needs to be which has to do with pursuing negotia- ability, if he at the outset wants to use pointed out is that in our bill one of tions with foreign governments, noti- his enhanced control authority under the things we did not do was turn the fying Congress, periodic review, explo- 201, he may do that. Then none of the process over to the bureaucrats. We ration of Presidential set-aside —if the provisions having to do with 212 would turned the process over to the elected President did in fact decide to use his apply. Would that be correct? officials. We went to the power at the enhanced control authority, why would Mr. SARBANES. Yes. The President top. The reason we did that is because any of that be applicable? Certainly could do that. Generally speaking, the there is a tendency among bureaucrats the exploration of the Presidential set- President would use 212 and 213 in ad- to pigeonhole things, to avoid deci- aside would not be applicable. Or would dressing foreign availability and mass sions; and if you build a process that it? marketing, because that is the process, allows them to avoid decisions, they Mr. SARBANES. Why do you have it as I spelled out, that has certain bene- will avoid decisions. That is why we at all? It is a reasonable question. Here fits that flow from its use. But he put some of the time limits that are in is the answer as I perceive it. You are would not have to do that. He could in- here in here. But there is, at any step trying to set up a framework and a re- voke 201(d). That is why I said earlier of the process, the capability of stop- gime in the way of proceeding. As a in my opening statement that I ping the whole process. And that is general proposition, for the sake of thought this legislation gave very sig- also built in this bill. transparency, for rationality, for un- nificant authorities to the President to Mr. THOMPSON. Would the Senator derstanding in the export community make these judgments about national yield for a moment?

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16299 Mr. ENZI. Yes. tions Committee accepted this amend- all applications, had an average proc- The PRESIDING OFFICER. The Sen- ment unanimously by voice vote in its essing time of 20 days, and applications ator from Tennessee. recent markup of the Export Adminis- that were referred to reviewing agen- Mr. THOMPSON. I am supposed to be tration Act of 2001. And this amend- cies had an average processing time of a witness in the Judiciary Committee. ment reflects a recommendation made 43 days. This amendment would provide I wonder if I could be allowed to lay by the Cox commission on U.S. Na- up to 60 additional days of review for down an amendment before I leave the tional Security and Military/Commer- export license applications that are Chamber. cial Concerns with the People’s Repub- complex or based on the potential im- Mr. ENZI. I appreciate that. I was lic of China. The Cox commission re- pact on U.S. national security or for- hoping we would get to amendments. I port concluded that U.S. export control eign policy interests. While this could yield for that purpose. policies and practices have ‘‘facilitated lengthen the process somewhat in the AMENDMENT NO. 1481 the PRC’s efforts to obtain militarily most sensitive cases, it would have lit- Mr. THOMPSON. Madam President, I useful technology.’’ One of the issues tle or no impact on the majority of ex- send an amendment to the desk and the Cox commission discussed was the port licenses. ask for its immediate consideration. fact that in 1995, the U.S. reduced the Madam President, this change to the The PRESIDING OFFICER. The time available for national security legislation is small, but significant. It clerk will report the amendment. agencies to consider export licenses. is designed to address a national secu- The assistant legislative clerk read The commission said that these new rity issue identified by the Cox com- as follows: deadlines placed national security mission and it implements one of the agencies under ‘‘significant time pres- The Senator from Tennessee [Mr. THOMP- Cox commission’s recommendations. sures.’’ It concluded that the time al- SON] proposes an amendment numbered 1481. The House International Relations lowed for consideration of licenses was Mr. THOMPSON. I ask unanimous Committee accepted this amendment ‘‘not always sufficient for the Depart- unanimously during its markup of the consent reading of the amendment be ment of Defense to determine whether dispensed with. Export Administration Act. I hope that a license should be granted, or if condi- my colleagues will join me in sup- The PRESIDING OFFICER. Without tions should be imposed.’’ The Cox objection, it is so ordered. porting this important amendment. commission recommends: I yield the floor. The amendment is as follows: With respect to those controlled tech- Mr. HELMS addressed the Chair. (Purpose: To modify the exceptions for nologies and items that are of greatest na- The PRESIDING OFFICER. The Sen- required time periods) tional security concern, current licensing ator from North Carolina. On page 232, strike lines 16 through 18, and procedures should be modified. . .to pro- Mr. HELMS. I thank the Chair. insert the following: vide longer review periods when deemed nec- Mr. SARBANES. Will the Senator (1) AGREEMENT OF THE APPLICANT; COM- essary by any reviewing Executive depart- yield for just a moment? PLEXITY OF ANALYSIS; NATIONAL SECURITY IM- ment or agency on national security Mr. HELMS. Yes, of course. PACT.— grounds. Mr. SARBANES. Madam President, (A) AGREEMENT OF THE APPLICANT.—Delays The current version of the legislation we have an amendment pending. I upon which the Secretary and the applicant contains strict time restrictions. Re- would just hold it pending because I be- mutually agree. viewing agencies, such as the Depart- (B) COMPLEXITY OF ANALYSIS.—The review- lieve a number of Members wish to ing department or agency requires more ment of Defense, the Department of make opening statements on the legis- time due to the complexity of the analysis, if State, or the Department of Energy, lation. I invite Members who have the additional time is not more than 60 days. have 30 calendar days to provide a rec- opening statements to come to the (C) NATIONAL SECURITY IMPACT.—The re- ommendation to the Department of Chamber so we can get the opening viewing department or agency requires addi- Commerce. If they do not provide a rec- statements done, and then presumably tional time because of the potential impact ommendation within 30 days, they are later in the afternoon we will revert on the national security of foreign policy in- deemed not to have any objection. This back to the amendment. terests of the United States, if the additional means that if the Department of De- time is not more than 60 days. Mr. THOMPSON. My understanding fense, for example, has inadequate time is that this will probably be the vote at Mr. THOMPSON. Madam President, to complete a complex review, the li- 5 o’clock. the amendment I have offered makes a cense application is automatically Mr. SARBANES. In between, I was small but significant change in the li- granted and sensitive dual-use tech- hoping we would get the opening state- cense application review process. nology is exported. Allowing additional ments out of the way. This amendment allows executive time in particularly complex or sen- Mr. THOMPSON. Yes. branch agencies such as the Depart- sitive cases would protect our national Mr. SARBANES. A number of Mem- ment of Defense or the Department of security at little cost to any economic bers have gotten in touch with us and State that are reviewing licensing ap- interests. have indicated they wish to do so. I plications to have an extension of up to Under the current draft of the legis- just wanted to set out the procedure. 60 days to review the license if the lation, the longest time an applicant Mr. THOMPSON. I say to my col- analysis involved in reviewing the li- could wait for an answer under the leg- league also that if, by chance, after re- cense is complex or based on the poten- islation is 129 days. The Secretary of viewing this, we could come to an tial impact of the export on the na- Commerce has 9 days from receipt of agreement on this amendment, I will tional security or foreign policy inter- the license application to refer it to tell the leadership that we would have ests of the United States. This amend- the appropriate reviewing agencies. another amendment which we could ment should not be controversial. The These agencies have 30 days to respond. vote on by 5 o’clock. So we would still amendment is simple and easy to un- If there is an interagency dispute re- have a vote at 5 o’clock, as the leader- derstand and, in my view, it is very garding whether to grant the license, it ship wishes. hard to oppose. For example, if the De- is referred to the interagency dispute Mr. SARBANES. Does the Senator partment of Defense is reviewing a li- resolution process. The interagency from Tennessee have a total list of cense application for sensitive dual-use process must resolve the issue or refer amendments he is thinking of offering technologies that are controlled under it to the President within 90 days after so we can put these amendments in our export control process, it should be the license application is referred to context? That helps to make a judg- able to get additional time if the anal- the interagency process by the Sec- ment as to whether we are simply un- ysis is complex or if the export pre- retary of Commerce. In fiscal year 1999, raveling carpet step by step or whether sents particularly sensitive national average processing time for all applica- there is a finite picture we can look at security concerns. tions was 40 days. Applications that did to make some determination. This change is small but very impor- not need to be referred to another Mr. THOMPSON. If I may respond, tant. The House International Rela- agency, which comprised 14 percent of the Senator has a floating list that I

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16300 CONGRESSIONAL RECORD—SENATE September 4, 2001 would be glad, when I get back, to sit more complicated and dangerous place Seven months ago, a CIA report made down and go over with him. Frankly, I due to the proliferation of weapons of clear that China continues ‘‘to take a am evaluating several that I have pre- mass destruction and ballistic missiles. very narrow interpretation of their pared based on the debate and the re- During the past 30 years alone, the non-proliferation commitments with marks that are made. I would enjoy the number of countries pursuing nuclear the United States.’’ Just recently, we opportunity to sit down and discuss weapons programs has doubled, the learned that the Communist Chinese with him and other Members some of number of countries pursuing ballistic are continuing to ship missile parts the ones I probably will introduce in missile programs has tripled, and more and components to Pakistan despite the next day or two. than a dozen countries, including most Beijing’s pledge in November 2000 to Mr. SARBANES. I thank the Sen- state sponsors of terrorism, have offen- stop all such transfers and set up an ex- ator, and I thank the Senator from sive biological and chemical weapons port control system. North Carolina for his usual courtesy programs. Consideration of this bill by the Sen- in allowing us to have this exchange. Even worse, this activity is being ate sends all of the wrong signals, The PRESIDING OFFICER. The Sen- fueled by Russia and Communist wrong messages, to China. It reminds ator from North Carolina has the floor. China, two members of the United Na- Beijing that the United States is all Mr. HELMS. Madam President, I ask tions Security Council who are illicitly too willing to place profit before prin- unanimous consent that at a time selling to rogue countries the dual-use ciple. deemed to be appropriate by the man- technologies so critical to their weap- Let me address some of the major agers of the bill I be recognized to be ons of mass destruction and missile elements of this legislation that have heard for 30 minutes on this bill. programs. convinced me that its passage will seri- The PRESIDING OFFICER. Without For years, some other Senators and I ously jeopardize the national security objection, it is so ordered. The Senator have cautioned the Senate about these of the United States. from North Carolina is recognized for growing threats; we have argued force- To begin, no one—and I repeat no 30 minutes. fully for a national missile defense sys- one—has conducted a thorough na- Mr. HELMS. Madam President, I ask tem to make the United States less tional security risk assessment to de- unanimous consent that it be in order vulnerable to blackmail or missile at- termine the possible impact of this for me to deliver my remarks seated at tack itself. But missile defense cannot bill’s sweeping changes on our national my desk. alone keep us safe. What we des- security. Rather, many have blindly perately need, and don’t have, is a com- The PRESIDING OFFICER. Without accepted the anecdotes and assertions prehensive strategy that ranges from a objection, it is so ordered. of industry as the basis for changes in credible strategic deterrent to rigorus Mr. HELMS. Madam President, I feel the bill. obliged to voice my strong opposition export controls as our first line of de- Second, this bill does not adequately fense. to S. 149, the pending Export Adminis- cover ‘‘deemed exports,’’ more com- At a time when the United States of tration Act of 2001. monly understood as the transfers of America is becoming increasingly vul- I do this because this bill does not nerable to rogue states and others sensitive knowledge from one person to protect the national security of the armed with WMD-tipped ballistic mis- another within the United States. American people. It does not control siles, it makes absolutely no sense for Under this bill, the information and the export of our most sensitive dual- the United States to liberalize its ex- know-how passed to visiting scientists use items. It does not promote U.S. for- port controls over the technology and and others does not appear to be ille- eign policy. know-how so critical to these weapons gal. Instead, this is an indiscriminate programs. Moreover, doing so sends all Third, this bill creates a new licens- trade promotion bill, and I am obliged of the wrong signals to our allies, and ing exemption category called mass to state that I am troubled by the fact others, about our commitment to non- marketed items, which allows compa- that this bill, S. 149, was written in proliferation. nies to produce their products off of fact, by the business community to I have also tried as best I can to the control lists, notwithstanding the maximize future sales to Communist make clear my view about the need to sensitivity of the item. If an item is China, and to other such countries that deal firmly with Communist China, widely available in the United States, represent the highest risk of tech- which is dramatically increasing its then the bill’s authors argue that it nology diversion and proliferation. military spending and modernizing and shouldn’t be controlled. Make no mistake about it, this legis- expanding its nuclear forces. China’s Fourth, when coupled with a new def- lation will enable dangerous regimes leaders talk openly about preparing for inition of foreign availability that fur- around the world to arm themselves a future conflict with the United ther loosens controls, this bill has the through the use of the best dual-use States. Meanwhile, Communist China potential to decontrol large numbers of technology America has to offer. is making every effort to acquire U.S. items. For example, according to one This bill’s sponsors argue that be- technology and know-how, through outside expert, under S. 149, the high- cause the cold war is over, the world is theft, circumvention of export laws, or precision electronic switches needed to a much safer place and that we need to legitimate commercial activity. detonate atomic bombs could be up for rid ourselves of outdated export con- In the past year and a half alone, sale by claiming that they are needed trols that inhibit trade and harm the Communist China illegally used U.S. as spare parts for medical equipment; economy. These Pollyannas could not supercomputers to improve its nuclear this is what Iraq tried as recently as be more mistaken. weapons. And just a few months ago, 1998. As the ranking Republican on the we learned that Chinese technicians Fifth, despite the fact that the pur- Foreign Relations Committee, I feel were installing fiber optic cable for pose of the EAA is to safeguard our na- obliged to make clear that I hold a Iraq’s air defenses, a clear violation of tion’s security, the various advisory very different view. It is a view based U.N. sanctions. Worse yet, this assist- committees and consultative require- on years of experience in foreign policy ance and technology—which was pro- ments placed on the administration in and national security matters, and vided to Chinese companies by Amer- the bill do not require that national se- sharpened by ongoing intelligence as- ican business firms when the previous curity or non-proliferation experts be sessments. My view is shared by the administration mistakenly decon- included, while labor organizations and other ranking members of the national trolled this equipment over—and I the business community are clearly security committees of the Senate; must emphasize ‘‘over’’—the objections mentioned. that is why we have joined together in of the National Security Agency in Sixth, this legislation prohibits ex- opposing this legislation. 1994—has been of great help to Saddam port controls on sensitive parts if they The fact is, despite the fall of the So- Hussein in his quest to shoot down are incorporated into more expensive viet Union, the world is actually a far American pilots. commercial items or if the controlled

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16301 item in shipping overseas for final as- Moreover, raising penalties doesn’t rather than pushing for greater decon- sembly. In other words, despite the na- make much difference when fewer trol, we should follow up on President tional security importance of an item, items are being controlled, or when en- Bush’s statement that we need a whether or not it’s controlled depends forcement procedures—such as the stronger regime—closer to what we had to some degree on its relative mone- mandatory conduct of post-shipment under COCOM—to prevent the pro- tary value and where it is produced. So verifications on high-performance com- liferation of sensitive dual-use items to if a special airborne navigation or puters—are stripped from the law. rogue states. It is unfortunate that the radar system requires a license when An Executive order will be issued to United States is giving up its leader- exported individually, a license would cover deemed exports, give the Depart- ship role on this issue and walking not be required if it were merely a part ment of Defense more visibility and a away from years of progress in the ex- of an expensive aircraft. larger role in the commodity classi- port control and nonproliferation field. And last, but certainly not least, S. fication process, and strengthen the Finally, some have argued that fail- 149 provides extraordinary authority to voice and role of other agencies. How- ure to pass S. 149 will result in eco- the Secretary of Commerce on impor- ever, to date, a draft of the Executive nomic harm to our country and the tant procedural issues such as com- order has yet to be provided for review. loss of thousands of U.S. jobs. These modity classifications, license refer- But more importantly, given the sig- claims ignore the fact that, according rals, dispute resolutions, and the devel- nificance of these matters, doesn’t it to the Congressional Research Service, opment of export administration regu- make sense to make these changes part controlled exports represented less lations. If national security concerns of the law? than 3 percent of total U.S. exports in are to be given adequate consideration It doesn’t make sense to control 1998. And since over 80 percent of all li- in export decisions, then the Depart- mass marketed items that can be pur- censes are approved, only a few billion ments of State and Defense must be chased at Radio Shack and carried out dollars in sales were lost due to denied given greater authority in the export of the country. The problem with this licenses—an extremely low percentage licensing process. And if these two de- argument is that if items were con- of the United States’ $10 trillion GDP. partments are found already to have trolled, they wouldn’t be available for These numbers also demonstrate that sufficient authority under current purchase at Radio Shack. But beyond while exports are being controlled—and practice, then why not codify it? that, acquiring widely available items mainly to embargoed countries or The bottom line is that there seem to illegally denies end-users the parts, those at high risk of diversion, such as be more loopholes and exemptions from maintenance, and servicing agreements China—American firms are not losing export controls in this bill than there essential to their long-term operation. out to foreign competition. Industry simply does not want the are export controls. Could it be that Since most licenses are approved U.S. government reviewing the export the drafters of this legislation assume anyway, requiring a licensing only of sensitive dual-use items, even if it is that any effort to obtain a license will harms U.S. companies by slowing them for national security purposes. If cur- meet with failure, and that no effort down. The fact is, DoD and the intel- rent licensing procedures are cum- should therefore be spared in ensuring ligence community benefit greatly bersome for business, then the solution that companies need not bother to ask from the opportunity to look at and is to improve the efficiency and oper- understand complex dual-use items be- for one. ations of the export process, not decon- I cannot understand why the bill goes fore they are shipped abroad, and the trol sensitive items simply to avoid the to such great lengths to ensure that no licensing data provides an important process altogether. exporter will ever be required to tell audit trail that is useful for conducting Despite all of these dubious argu- the U.S. government what he proposes cumulative effects analyses and other ments by the drafters and supporters of to export, and to whom he intends to follow-ups. this flawed bill, the core problem with This bill addresses all of the major sell it. Just because an exporter is re- S. 149 is its fundamental refusal to rec- quired to obtain a license for a sale findings and recommendations of the ognize that sometimes the United does not mean that the sale is going to Cox commission report. Upon closer ex- States must go it alone to make a be denied. In fact, over 80 percent of all amination, many of the Cox commis- point. The structure of S. 149 fails to license applications are approved. sion’s conclusions are not addressed, take into account the ability of the At the same time, the requirement but are simply explained away. For ex- U.S. to lead other nations by dem- for a license enables the United States ample, the Cox commission rec- onstrating self-restraint and a commit- Government to ensure that U.S. com- ommended that the government con- ment to principle. It restricts the U.S. panies do not contribute, either inten- duct a comprehensive review of the na- ability to control exports unless other tionally or unintentionally, to the tional security implications of export- nations are already doing likewise, or arming of potentially hostile regimes. ing high-performance computers to the can be guaranteed to do the same in Licenses also allow the government to PRC, yet S. 149 does away with that re- the near term. track acquisition efforts by various quirement. The Cox commission also I do not believe in the contrived ar- countries and groups. Without the li- recommended that current licensing guments of those who say if you can’t censing of dual-use commodities, the procedures be modified to provide beat them, join them. Industry reasons U.S. will know less about the potential longer review periods when deemed that if America cannot stop rogue proliferation of dangerous tech- necessary by any reviewing department states from acquiring weapons of mass nologies, will be less able to combat or agency on national security destruction, then why should we be that proliferation, and will lose the grounds, and require a consensus by all ceding market share to our competi- ability to exhort other nations to take reviewing departments and agencies for tors? They say that the United States steps to strengthen their regimes. license approval. Unfortunately, S. 149 cannot stop dictators or communist Notwithstanding these facts, the also fails to fully adopt these proposals governments from denying their people bill’s authors will argue that they have as well. certain basic rights and freedoms, so made considerable changes to the bill The Wassenaar arrangement is a why not conduct business as usual with that address many of the concerns my weak multilateral regime that fails to them? colleagues and others have raised in control many dual-use items to the ad- Well, that is not the American way. the past. For example, the Banking vantage of our European partners. It is Americans do not support profit at any Committee will argue that: true that Wassenaar is an inadequate price, especially if that price is our na- Penalties for violations of this Act agreement, but it is also true that the tional security or our moral dignity. have been raised in order to punish vio- U.S. government has contributed to its The American people will not support lators and deter others. While this is weakness by making changes to our ex- the prospect of fueling our economy by true, this bill also raises the evi- port control laws that seemed to un- selling sensitive technologies to ty- dentiary standard for illicit transfers. dercut our Wassenaar partners. But rants and potential adversaries. This is

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16302 CONGRESSIONAL RECORD—SENATE September 4, 2001 what we witnessed in the eight years of islation need not be concerned. The ment that generally speaks to this the Clinton-Gore administration, and Senator from Wyoming made the fur- issue of the Export Control Adminis- it is time for this type of nonsense to ther point that in this case we didn’t tration reauthorization. stop. want to turn this matter over to the I also want to speak specifically to We don’t need another eight years of bureaucrats so we gave the authority the amendment offered by the Senator intelligence reports that are leaked to directly to the President. from Tennessee before we have a vote the press, outlining in great detail how I appreciate the sentiment behind on that amendment. Given the fact the PRC is using American technology those vows. There is a problem with that there are a couple of other Sen- to improve its armed forces; how Rus- them however. That is, the President, ators prepared to make remarks at this sian and Communist Chinese entities with all of his other responsibilities, time, I am willing to stand back and are transferring American technology can’t possibly exercise this authority let those Senators make those remarks to rogue states around the world; how without the help of the so-called bu- and then I will come and make mine American security, interests and reaucrats, without the help of a staff. later. friends have been jeopardized; and how I have in my hand just a partial list If there is anything I have just said it is completely legal thanks to the Ex- of the commerce control list items. It that is subject to correction, I would be port Administration Act of 2001. specifically says at the top: This index happy to stand for any questioning Rather, the Senate should follow the is not an exhaustive list of the con- with respect to my comments, but per- wisdom and courage of the House Inter- trolled items. haps we will have an opportunity to de- national Relations Committee. Under I haven’t bothered to count these. bate that at the time I offer an amend- the fine leadership of Chairman HENRY There are hundreds and hundreds of ment, unless there is a possibility we HYDE and TOM LANTOS, the HIRC was items. I don’t know how many pages. It might work that out between the pro- able to pass, with overwhelming bipar- is single spaced, and there must be 60 ponents and opponents of the legisla- tisan support, numerous amendments— or 80 items per page and probably 20, tion in the meantime. similar to the ones my colleagues and 30, 40 pages of an awful lot of items The PRESIDING OFFICER. The Sen- I will offer this week—that put na- that could be the subject of the export ator from Maryland. tional security back into this legisla- regulations that are the subject of this Mr. SARBANES. Madam President, I tion. bill. It would be impossible for the say very briefly to my distinguished While the United States does need a President to be able to devote his at- colleague from Arizona, this is quite a new Export Administration Act, the tention to this list and intelligently broad sweeping power we are providing bill should protect our national secu- deal with it. In fact, it would be bad to the executive branch. I think it is rity, not jeopardize it at the expense of public policy for us to require that the reasonable to expect the decision will marginal increases in trade. The bill President be the only person permitted be made by the President. That does should give every government depart- to exercise the authority. Yet that is not mean the President has to staff his ment a role commensurate with its ex- exactly what this proposed legislation own decision. It will obviously be pertise and responsibilities. And the does. staffed for him. But the determination bill should send the right message to A provision of the section being dis- to provide the enhanced controls ought our allies, friends and adversaries, that cussed that was not quoted occurs on to be a Presidential determination. United States takes non-proliferation page 184 of the printed version of S. 149. We do not expect that is going to be issues seriously, and will continue to At the end of the section on enhanced before him very often, but when that take the lead in the efforts. We need a controls, it reads as follows: sort of issue arises, it seems to us it is new EAA but not this one. The President may not delegate the au- reasonable that the President should The PRESIDING OFFICER. The Sen- thority provided for in this subsection. make that judgment. ator from Arizona is recognized. Well, usually we provide that the One of the difficulties we have been Mr. KYL. Madam President, I under- President may delegate responsibility experiencing all along is the way the stand the Senator from Virginia wishes because, frankly, he has better things export control regime gets bound up to speak. He will be ready in about 5 or to do than be a staffer going through down the line and the decisions never 6 minutes. In the meantime, I thought all of these items with the background go to the top to be made in those in- I might respond, if it is in the schedule to know whether or not some of them stances in which there are differences of the ranking member and chairman, should be taken off the list or not. It is of opinion. In most instances, you have to a point that was the subject of a col- simply unrealistic to expect any Presi- unanimity below either for the license loquy with the Senator from Maryland dent, despite a President’s intelligence or against the license. That is over and and Senator THOMPSON. Is that all and willingness to get into the details, done with. But in those instances in right? to be able to exercise that authority which that is not the case and the Mr. SARBANES. Certainly. with the limitation here. That is the President is going to exercise his Mr. KYL. I noted that one of the sub- primary reason for our concern. sweeping authority, we do not think it jects of discussion in the colloquy be- We appreciate the fact that the is unreasonable to expect a determina- tween the Senator from Maryland and President has a waiver authority. But tion to be the President’s. the Senator from Tennessee had to do in most cases the President’s waiver I am very frank to say, I do not know with the President’s authority under authority can be realistically adminis- to whom you would otherwise delegate this legislation to waive certain provi- tered and utilized. I think it is unreal- it, since he represents the ultimate ar- sions, important provisions, because istic to expect the President to be able biter amongst the departments and they deal with a question of whether or to do that in this case. agencies, and I do not see any way you not an item that is on the control list— One of the possible amendments, I can give that role to anybody else be- so-called commerce control list— advise the Senator from Maryland, I cause anybody else would be out of one should be waived or whether there will present—if not I, another Member or another, presumably out of one or should be a waiver of either the embed- will—is an amendment to try to solve another of the departments or agen- ded product rule or the foreign avail- this particular problem and conform cies. You are not, as it were, above it ability and mass market rule under this provision of the bill more to the making this separate and independent sections 204 and 211 of the act. type of legislation that ordinarily ac- determination which the President will The point was made by the Senator companies a Presidential waiver au- make. from Maryland that if there were a thority. We think that would improve The other point I want to note is that problem with one of the dual-use items the administration of this act and the President and his team support on the list, the President had the au- make the waiver authority really this legislation, so they obviously do thority to waive that. Therefore, those meaningful. I advise the Senator of not see in it the kind of extended prac- of us who have concerns about the leg- that point. I intend to make a state- tical problems which the Senator has—

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16303 presumably they do not see that in the write to ask you to schedule floor consider- punitive regulatory controls on mass bill; otherwise, they not only would ation of S. 149, the Export Administration market and readily available foreign not have supported it, but they have Act of 2001 (‘‘EAA’’), as the next piece of technology products that have hin- been very strong in their support. It is business on the Senate floor following con- dered the competitiveness of U.S. tech- fair to say that their support is any- clusion of the pending health care bill. Prompt consideration of this bipartisan bill nology industries. thing but pro forma. It is very active would be a welcome sign of your willingness Many studies have concluded that and very vital, and they have gone over to pursue a bipartisan agenda. the present system of export controls this legislation very carefully over an As you know, Senators Gramm and Enzi has the unenviable distinction of harm- extended period of time and reached have worked diligently to craft the broadly- ing American private enterprise with- the judgment they are very much be- supported pending EAA bill which was re- out enhancing our security. At a time hind it. That is, of course, what they ported out of the Banking Committee by a when our technology industries are urged on the Senate, including, of 19–1 vote. The Bush Administration also de- seeing declining sales—and, indeed, the serves great credit for weighing in to support course, the receipt this morning—I do technology sector of our economy is in not know if the Senator has yet had an this critical piece of legislation. President Bush himself last month stated publicly that a recession—it is imperative that the opportunity to see it—a letter from he hopes the Congress will send him the EAA Congress remove unnecessary and inef- Secretary Powell, Secretary Rumsfeld, bill for his signature. fective barriers to exports and, by and Secretary Evans in very strong The proposed EAA legislation represents a doing so, help keep technology jobs in support of the legislation. logical improvement over the outdated EAA our country. The PRESIDING OFFICER. The Sen- Act passed in 1979 and the current patchwork Current U.S. policy on export con- ator from Arizona. of executive orders regulating export con- trols is harming good paying jobs for Mr. KYL. Madam President, I say to trols issued under the International Emer- Americans, and it is time that Con- the Senator from Maryland, yes, I have gency Economic Powers Act. The bill dra- gress acts to remedy this situation. seen the letter. I agree with him the matically enhances our national security Existing export controls which aim support is much more than pro forma; needs by increasing penalties, focusing at- to keep our computing power out of the it is sincere and thought-out support. I tention on truly sensitive items, and grant- ing the President new authority in cases in- hands of potential U.S. adversaries do do not know how many pages of this volving national security and terrorism. At not work given the technological and very complex legislation there are. the same time, the legislation will remove There are numerous areas that rep- global realities of the 21st century. punitive regulatory controls on mass market These policies must be reformed. One resent room for improvement, and sup- and foreign availability technology products port for any legislation generally does that have hindered the competitiveness of may ask why. There are five main rea- not obviate the possibility of improve- our technology industries. Study after study sons. No. 1, they are outdated; No. 2, ments and compromises. have concluded that the present system of they are ineffective; No. 3, they are un- I hope, as this debate goes forward, export controls has the unenviable distinc- realistic; No. 4, they are potentially we might consider the possibility that tion of harming private enterprise without dangerous; and No. 5, these current in this particular area a mechanism be enhancing security. laws are bad economics. At a time when our technology industries found to provide for a waiver that is Let me expand on that and actually are seeing declining sales, it is imperative cite some studies that point out the in- more realistic in its ability to be prac- that the Congress remove unnecessary and tically used than to require the Presi- ineffective barriers to exports that will keep efficiencies and ineffectiveness of these dent, not delegated to anyone else, as technology jobs in this country. current laws. being the only person who could grant The current extension of the 1979 EAA Act They are outdated: The current pol- such a waiver. will expire on August 20, 2001. Given this icy was formulated during the cold war We will talk more about that later. bill’s strong bipartisan support, we believe it when we once had a very clear adver- The Senator from Virginia is here, and could be quickly considered and passed by sary, the U.S.S.R., and when computers I do not want to impinge upon his the full Senate, thereby minimizing the were the size of a dorm room. time. Perhaps we can work that out. If interruption of the Senate schedule for other Today’s international makeup is business. Therefore, we look forward to your much more vague. Our potential adver- we cannot, perhaps we will need to prompt scheduling of floor action on this im- offer an amendment. portant legislation. saries or enemies are not as easily I thank the Senator. Sincerely, identified, and computers are now the The PRESIDING OFFICER. The Sen- Sam Brownback, George Allen, Chuck size of a large remote control. There ator from Virginia. Grassley, Kay Bailey Hutchison, Rob- are some computers, such as Mr. ALLEN. Madam President, I am ert F. Bennett, Orrin Hatch, Conrad Zybernaut’s Mobile Assistant, which pleased to rise in support of S. 149, the Burns, Wayne Allard. you can wear on your belt. They weigh Export Administration Act of 2001. Mr. ALLEN. Madam President, I con- a couple of pounds at most. Back on June 28, 2001, I joined my col- gratulate Senator GRAMM, Senator The export controls we have now are leagues of the Republican Senate high- ENZI, and Senator SARBANES who have ineffective. Access to high-performance tech task force, Senators ALLARD, BEN- worked diligently to craft this broadly computing capability cannot be re- NETT, BROWNBACK, BURNS, GRASSLEY, supported measure. President Bush and stricted. Almost anyone, whether they HATCH, and HUTCHISON, in sending a his team also deserve a great deal of are in Vienna or Venezuela or Virginia, letter to majority leader TOM DASCHLE credit for weighing in, in support of can download computing power off the urging him to bring S. 149 to the Sen- this legislation. Internet or link lower level computers ate floor as early as possible. I am This bill represents a logical im- together to perform certain calcula- grateful to the majority leader for provement over the outdated Export tions. heeding our request and permitting the Administration Act that was passed in These current laws are unrealistic. Senate to consider this very important 1979 and the current patchwork of Ex- The United States cannot attempt to legislation. ecutive orders regulating export con- control access to computer hardware or I ask unanimous consent that the trols issued under the International components when foreign competitors letter my colleagues and I sent to Sen- Emergency Economic Powers Act. S. are producing the same types of tech- ator DASCHLE be printed in the RECORD. 149 dramatically enhances our national nology as domestic firms. There being no objection, the letter security needs by increasing penalties, In today’s global economy, the was ordered to be printed in the by focusing attention on truly sen- United States no longer has a clear mo- RECORD, as follows: sitive items, and granting the Presi- nopoly on technological innovation. HIGH TECH TASK FORCE, JUNE 28, 2001. dent new control authority in cases in- These rules are potentially dangerous. Hon. TOM DASCHLE, volving national security and terror- By struggling to control access to com- Senate Majority Leader, The Capitol, Wash- ington, DC. ists. puters and computer hardware that is DEAR MR. LEADER: As members of the Sen- At the same time, this legislation readily available worldwide, we are di- ate Republican High Tech Task Force, we will remove unnecessarily burdensome verting resources from policing the

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16304 CONGRESSIONAL RECORD—SENATE September 4, 2001 truly sensitive capabilities. All the concludes that the MTOPS standard is controlled. The bill does not alter the while, our military is way behind the outdated and invalid and the current way in which computer exports are curve when it comes to taking advan- export control system for high-per- currently controlled under existing tage of the very technologies we are formance computers which focuses on regulations. Rather, it simply gives the trying to restrict. controlling individual machines is inef- President, the Secretary of Commerce, Finally, these current laws are just fective because it cannot prevent coun- and the Secretary of Defense the flexi- bad economics. As high-tech industry tries of concern from linking or clus- bility to reassess the effectiveness of suffers a dramatic downshift, we are tering many lower performance uncon- these controls in the future, taking limiting their access to the fastest trolled computers to collectively per- into account all relevant risk assess- growing consumer markets in the form at higher levels than current ex- ment factors, including the factors af- world. In the new global economy, port controls allow. fecting an item’s controllability, such being first to market is a critical ad- The Defense Science Board echoes as foreign availability and mass mar- vantage. Currently our companies are this same analysis, warning that ket status, as well as other relevant not on a level playing field. This hurts ‘‘clinging to a failing policy of export factors such as, in the case of com- their ability to make inroads into mil- controls has undesirable consequences puters, whether the capability or per- lions of potential new customers, not beyond self-delusion.’’ formance provided by the item can be to mention reducing how much U.S. Finally, a multilateral export control effectively restricted. firms can spend on continued R&D, or study recently released by the secu- Passage of S. 149 does not in any way research and development, to maintain rity-minded Harry Stimson Center re- equal decontrol of computer hardware our competitive and innovative leader- flects the overall consensus view that: sales. Many levels of restrictions will ship. [T]he system of controlling the export of still exist to protect U.S. national se- I say to my colleagues in the Senate, militarily sensitive goods is increasingly at curity interests if the EAA becomes the time is right to modernize and re- odds with the world characterized by rapid law, such as rogue country embargoes. form export controls. Leading members technological innovation, the globalization Those rogue country embargoes will re- of the Senate Banking Committee have of business and the internationalization of main in place, and user restrictions worked closely to develop a thoughtful, the industrial base, including that of defense will allow the Government to prevent companies. Although efforts have been made specific sale of computer technology to reasonable approach to balancing U.S. to adapt Cold War processes and regulations national security and economic inter- certain organizations or individuals, to changed circumstances, the current ap- and protections over highly specialized ests. There is broad bipartisan support proach to controlling militarily relevant for reform, including among the na- trade has failed to keep pace with changing military hardware and software appli- tional security establishment. international conditions and often falls short cations will still exist. President Bush and his national secu- of adequately protecting U.S. national secu- The success of export control efforts rity advisers, including Secretary of rity interests. depends on vigorous enforcement of the State Colin Powell, and Condoleezza In effect, the Center for Strategic law, with meaningful punishment of Rice, Commerce Secretary Don Evans, and International Studies, the Depart- violators. For many potential viola- Defense Secretary Donald Rumsfeld, ment of Defense, the General Account- tors, the monetary penalties associated former President Clinton, four former ing Office, and the Defense Science with the current Export Administra- Secretaries of Defense, the Pentagon, Board all agree that while the most ad- tion Act pose no compelling deterrent. The Weapons of Mass Destruction Com- the Defense Science Board, and the vanced stand-alone high-performance mission noted that under current law, General Accounting Office, Democrats computers may be controllable, high- ‘‘an export control violator could view and Republicans alike, have all drawn performance computing is not. Thus, the risk and burden of penalty for a the same conclusions: The current sys- by struggling to control the uncontrol- violation as low enough to merely be a tem is broken. lable, the Federal Government is di- cost of doing business, to be balanced For example, under the current law, verting our attention away from the against the revenue received from an the President is required to use an out- export of truly sensitive technologies. By keeping ineffective export controls illegal transaction.’’ moded standard called MTOPS, mil- The Cox committee recommended in place, the Federal Government is re- lions of theoretical operations per sec- that particular attention be given to stricting U.S. industry’s access to the ond, to measure computer performance reestablishing higher penalties for ex- fastest growing consumer markets and set export control thresholds based port control violations. Toward that around the world without achieving on country tiers. end, S. 149 significantly enhances A recent report on ‘‘Computer Ex- any significant national security ad- criminal and civil penalties for export ports and National Security in the vantage. In the process, the Federal control violations. Global Era’’ issued by the Center for Government is creating an unlevel Section 503 of the bill imposes a Strategic and International Studies re- playing field for U.S. companies and criminal fine of up to 10 times the flects the widespread consensus stifling future research and develop- value of the exports or $1 million for amongst those in the U.S. defense and ment efforts upon which U.S. techno- each violation, whichever is greater, security communities that MTOPS- logical and military supremacy de- for willfully violating or willfully con- based computer hardware controls are mands and depends. spiring to violate the provisions of S. ‘‘ineffective given the global diffusion For the U.S. computer industry to 149 or any regulation issued under it. of information technology and rapid in- maintain its preeminence in innova- In addition, individuals may be im- creases in performance.’’ tion and business, we must promote prisoned for a period of up to 10 years, The report explains, for example, policies that encourage investment in and companies can be fined up to 10 while various U.S. computer systems R&D, not hinder it. S. 149 represents a times the value of the export, or $5 mil- are currently subject to controls based solid stride toward an export control lion, whichever is greater, for each vio- on their MTOPS ratings, the equiva- system that effectively balances our lation. lent computing power can be easily Nation’s economic and national secu- Additionally, the Secretary of Com- achieved by clustering several widely rity interests. merce may impose on a violator, in ad- available low-level systems. As it relates to computer exports, dition to or in lieu of the criminal pen- A recent report from the Department this bill removes the MTOPS regu- alties, a maximum civil fine of $500,000 of Defense itself also concludes, latory straitjacket and empowers the for each export control violation. This ‘‘MTOPS has lost its effectiveness as a President, the Secretary of Commerce, bill gives the Secretary of Commerce control measure due to rapid tech- and the Secretary of Defense to review the discretion he or she needs to take nology advances.’’ The General Ac- the national security control lists and into account the aggravating and miti- counting Office’s report to the Senate determine both what computers should gating factors that may be present in Armed Services Committee similarly be controlled and how they may be any given case.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16305 Finally, the Government will be able We as a country need to maintain our This is important. The present law is to focus its resources on those critical competitive edge. If this legislation outdated. The current policy was for- technologies it must protect, rather does not pass, this equipment will be mulated during the cold war. The cold than wasting time and money on the manufactured someplace else using war is over, when we had one obvious futile exercise of attempting to control non-Americans and it will be the same adversary, when computers were the access to commodity computing power product. We need to do it here. That is size of a dorm room, and some the size and technology. what this is about. You can talk about of dormitories. Today’s international I say to Members of the Senate, Sen- what percentage moves through and makeup is much more vague. Potential ators ENZI, GRAMM, and SARBANES have how little it matters. It is something enemies are not as easily identified, worked diligently in crafting an out- we need to do. Many business coali- and computers are now the size of a re- standing bill. The passage of S. 149 is tions, including the Computer Systems mote control for a television set. important to the future of national se- Policy Project, the Business Round- Another reason we must change this curity and economic interests of the table, the American Electronics Asso- law is the present law is ineffective. people of the United States of America. ciation, the Electronics Industry Asso- Access to high-performance computing I thank Members for their efforts and ciation, the Association of Manufac- capability cannot be restricted. Any- urge support of S. 149. turing Technology, and the Computer one, whether Indonesia or Indiana, can The PRESIDING OFFICER. The Sen- Coalition of Responsible Exports are download computing power off the ator from Nevada. supportive of S. 149. Among the mem- Internet or link lower level computers Mr. REID. Madam President, I held bers are Apple, AT&T, Boeing, Compaq, together to form certain calculations. in August, in Reno, NV, a high-tech Dell, Hewlett-Packard, IBM, Intel, SGI, You do not have to have a degree from townhall meeting. I have held a num- Sun Microsystems, Unisys, and United Harvard in computer science to do ber in Nevada. Although we do not Technology. These are extremely im- that. High school kids can do it. Prob- manufacture a lot of computers and portant businesses in America. They ably my grandchildren in the sixth computer equipment in Nevada, we are important employers in America. grade can do a lot of this. Why does the have a high-tech industry. There is no They are important on a worldwide law need to be changed? issue more important to them than scene. That they are joining with us in The current law is unrealistic. The passing this legislation. If it is impor- maintaining how important it is to United States cannot attempt to con- tant to people in the high-tech indus- trol access to computer hardware com- try in Nevada, it is also important in pass this legislation says a lot. I throw a bouquet to the Bush admin- ponents when foreign competitors are the high-tech industry around the istration for having three of their top producing the same types of tech- country. I have had numerous calls Cabinet officers write a letter saying nology as domestic firms. In today’s over the last year and a half from com- how important this legislation is. It is global economy, the United States no panies around America indicating the important. We heard from the Sec- longer has a clear monopoly in tech- importance of this legislation. It is nology innovations. We must change high time we did something about this. retary of State, the Secretary of De- I applaud and commend Senators fense, and the Secretary of Commerce because the present law provides poten- tial dangers. By struggling to control SARBANES and GRAMM, the chairman indicating this legislation is critically and ranking member of the committee important. This is bipartisan legisla- access to computers and computer of jurisdiction, for their advocacy for tion. hardware that is readily available the last many months on this issue. Of Having worked this floor the past worldwide, we revert resources from course, members of the committee, couple years or more, I have never seen the true areas we need to police. All Senators ENZI and JOHNSON, have a piece of legislation with so much sup- the while, our military is way behind worked extremely hard and have done port held up by so few people. Every- the curve when it comes to taking ad- exemplary work in helping move the body wants this to pass. But in the vantage of the very technologies we are legislation. Senate, it is difficult to get this to the trying to restrict. I strongly support passage of S. 149. point where it will pass. And it will Finally, it is just bad economics to This bill is a product of many years of pass. It will. It is hard to find someone keep the present law in force. As the hard work. A number of people have who does not believe the current sys- high-tech industry suffers a dramatic worked on this. I worked with my tem of export controls in the United downshift, we are limiting their access friend, Senator BENNETT of Utah, on States is broken and needs to be fixed. to the fastest growing consumer mar- the appropriations level making sure, We cannot continue with what we now kets in the world. In the new global especially last year, we had some legis- have. economy, being first to market is a lation impacting on this. This bill rep- We have four former Secretaries of critical advantage. Currently our com- resents a well-crafted, appropriate bal- Defense who support this legislation. panies are not on a level playing field. ance between a more modern, effective The Pentagon supports this legislation. The computer made in France can get export control system and the U.S. na- The Defense Science Board and General there much quicker than a computer tional security interests. Accounting Office, Democrats and Re- made in the United States. This hurts I talked about this high-tech meeting publicans alike, have drawn the same our companies’ ability to make inroads held in Reno at the University of Ne- conclusion: Existing export controls with millions of potential new cus- vada. It was a hearing to determine aimed to keep computing power out of tomers, not to mention how much U.S. what is going on in Nevada and around the hands of U.S. adversaries has not firms can spend on continued R&D, re- the country with the high-tech indus- worked and must be reformed. search and development, to maintain try. It is very clear at this time in the Why? No. 1, what we have is out- our competitive and innovative leader- history of the United States there is dated. Everyone knows how rapidly the ship. hemorrhaging taking place. There are computer industry is changing. In the The current law requires the Presi- many examples. We have a high-tech Clark County Courthouse in Las Vegas, dent to use an outmoded metric, company on the front page of the Reno NV, one floor was dedicated to taking MTOPS, which stands for millions of paper today trying to maintain their care of the computer needs of Clark theoretical operations per second— listing with NASDAQ. One year ago County. That same work can be done in MTOPS. The current law requires the their stock was about $35 a share; it is a very small office now, not one whole President to use MTOPS to measure now at 40 cents a share. There are floor. We had to have the temperature computer performance and set com- many other examples of this. This is a controlled to a certain degree; no puter thresholds based on country high-tech company mentioned on the longer is that necessary. In fact, I bet tiers. What does this mean? front page of the Gazette Journal we can do on my laptop most every- A recent report on ‘‘Computer Ex- today. There are companies such as thing that could be done on the vast ports and National Security in the this all over America. floor 25 years ago. Global Era’’ issued by the Center for

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16306 CONGRESSIONAL RECORD—SENATE September 4, 2001 Strategic and International Studies, We could go on literally all after- there is no one I have more confidence CSIS, reflects the widespread con- noon, reading from reports and studies, in than the Senator from Maryland. He sensus among those in the U.S. defense scientific analysis that says the is a Rhodes scholar in more than name and security community that MTOPS- present system is worthless, it is bro- only. He is somebody who is truly very based computer hardware controls are ken; all it does is hurt our economy. It intelligent. And when he said today—I ‘‘ineffective given the global diffusion doesn’t do anything to protect our se- talked to him before he came to the of information technology and rapid in- curity. In effect, the Department of De- floor, and then I heard him say it on on creases in performance.’’ The report fense, the General Accounting Office, the floor—he read this bill from cover continues and explains that while var- the Defense Science Board, the Center to cover, that says a lot. This is a ious U.S. computer systems are cur- for Strategic International Studies, heavy piece of legislation. This is a bill rently subject to controls based on and a multitude of other entities and that would take a long afternoon of their MTOPS rating, the equivalent organizations all agree that while the reading if it could be done. It is about computing power can be easily most advanced stand-alone high-per- 350 pages long. If you wanted to have achieved by clustering several widely formance computers may be control- somebody who knew the bill better available low-level systems: Radio lable, high-performance computing is than he—and I don’t know who that Shack. not. would be—to give him a test on it, ei- The conclusion of the CSIS report By struggling to control the uncon- ther essay or multiple choice, he would could not be more clear. No. 1, MTOPS trollable, we are diverting our atten- pass it with a great score. are a useless measure of performance; tion from the export of truly sensitive He has certainly stated on several oc- No. 2, MTOPS cannot currently meas- capabilities. By keeping ineffective ex- casions today, this bill is going to im- ure performance of current micro- port controls in place, we are unneces- prove the security of this country and processors or sources of sarily restricting U.S. industry’s access allow our commercial interests to be supercomputering like clustering; and to consumer markets around the world. more competitive. I think it is impor- third, this makes MTOPS-based hard- In the process, we create an unlevel tant we keep that in mind. Two consid- ware controls irrelevant. The best playing field for U.S. companies and we erations: Our security is going to be choice is to eliminate MTOPS. stifle future R&D efforts on which U.S. maintained, and we are going to be This study is only the most recent of technological and military supremacy able to be commercially more effective a host of export reports to identify the depends. than we have been. We are going to system governing computer exports is What does this all mean? Should we continue leading the world in selling broken. A recent report from the De- throw away any attempt to control these computers that our scientists partment of Defense concludes, for ex- technology and ‘‘sell, sell, sell’’? Of have developed. ample, that: course not. We must develop a new, The bill we are considering takes all MTOPS has lost its effectiveness as a con- more effective system that better bal- challenges into account and will allow, trol measure . . . due to rapid technology ad- ances our economic priorities with na- vances. I repeat, the United States to move for- tional security interests. S.149 rep- ward and formulate an export control On this point, the Department of De- resents a critical step forward toward policy that recognizes the techno- fense has emphasized that: this very worthwhile goal. As it relates logical, trade, and political realities of Controls that are ineffective due to market to computer exports, the bill removes the 21st century. In so doing, this bill and technology realities do not benefit na- tional security. In fact, they can harm na- the MTOPS straitjacket and empowers will effectively promote U.S. economic tional security by giving a false sense of pro- the President of the United States, his and national security interests, a goal tection; by diverting people and other finite Secretary of Commerce, and his Sec- we should all agree is important. export controls resources from areas in retary of Defense to review the Na- It is not as if computer companies which they can be effective; and by unneces- tional Security Control List and deter- will be able to sell willy-nilly to any- sarily impeding the U.S. computer industry’s mine both what computers should be one who comes calling in search of, for ability to compete in global markets. controlled and how they may be con- example, a submarine detection sys- Those who oppose this legislation are trolled. tem. This legislation applies several living in a dream world, a world of This bill does not eliminate controls. levels of restrictions to protect our na- more than two decades ago. In reality, It just sets up a modern standard of tional security interests, including, but there is every reason to pass this legis- controlling what we are going to do not limited to, total embargoes on lation. Four Secretaries of Defense, I with exporting computers. This bill shipping products to rogue nations repeat, current Cabinet officers, sci- does not—and I think we need to be such as Iran and Iraq at the present entists all over the world—scientists in very clear on this point—alter the way time; end-user restrictions that iden- the United States—America’s bur- in which computer exports are cur- tify specifically who in certain coun- geoning high-tech industry, without rently controlled under existing regu- tries the United States can and cannot question or qualification, support this lations. Rather, it simply gives the sell to; and, finally, controls over the legislation. President, the Secretary of Commerce, most critical technologies, highly spe- The General Accounting Office’s re- and the Secretary of Defense the flexi- cialized, military-designed software port to the Senate Armed Services bility to reassess the effectiveness of and hardware applications. Committee similarly concluded, with these controls in the future, taking That is pretty strong. the CSIS report, that the MTOPS into account all relevant risk assess- By focusing our resources in these standard is ‘‘outdated and invalid’’ ment factors, including the factors af- areas, instead of wasting our time and and: fecting an item’s controllability, such money on trying to control commercial The current export control system for high as foreign availability, mass market computing power, the government will performance computers, which focuses on controlling individual machines, is ineffec- status, as well as other relevant factors be able to better keep the most critical tive because it cannot prevent countries of such as, in the case of computers, applications out of the wrong hands. concern from linking or clustering many whether the capability of performance I want to stress to my colleagues lower performance uncontrolled computers provided by that item can be effec- that the need for export control reform to collectively perform at a higher level than tively restricted. is widely supported. current export controls allow. The chairman of the Banking Com- To quote an esteemed member of our Finally, in this regard the Defense mittee, Senator SARBANES, I think has country’s National Security commu- Science Board echoes this same anal- done an excellent job explaining this nity, former National Security Advisor ysis, warning that ‘‘clinging to a fail- today. We have a lot of very talented Brent Scowcroft, ‘‘It’s a whole new ing policy of export controls has unde- people in the Senate. But as far as your world. And I think it’s past time we re- sirable consequences beyond self-delu- basic intelligence and someone who un- spond to that world. The genesis of in- sion.’’ derstands what goes on around here, vention and innovation used to be the

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16307 military-industrial complex but the without any action. This extended taken a look at this and proponents government doesn’t control technology delay would not only greatly increase argue that the longer review periods the way it used to.’’ the overall processing time, but it were provided for by the Cox commis- The bill we are considering takes all could bring the entire process to a sion. of these challenges into account and grinding halt and destroy an exporters The Banking Committee extensively will allow the United States to move ability to meet market demand quick- reviewed the recommendations of the forward and formulate an export con- ly and efficiently. Furthermore, at this Cox committee, and indeed adopted trol policy that recognizes the techno- point, the exporter is in limbo, as she virtually all of their dual-use-related logical, trade and political realities of or he neither has the approval needed suggestions. Recommendation 31 of the the 21st century. to move forward or the denial needed Cox committee did suggest longer re- I say again that the Department of to make improvements. view periods for national security pur- Defense, the General Accounting Of- One exception would allow for 60 poses. However, the Cox committee fice, the Defense Science Board and the days, but there are two exceptions in made that recommendation only with Center for Strategic and International here. So it can be read that an agency regard to items that are of the greatest Studies have all concluded that would get 120 days by utilizing the two national security concern. For other MTOPS is an ‘‘outdated and invalid’’ exceptions one right after the other. items, the Cox committee strongly rec- metric and that the current system is Although proponents argue that this ommended streamlining the process ineffective. Repeal of the National De- amendment would ensure ample time and providing greater transparency, fense Authorizing Act language would for the Department of Defense, the De- predictability, and certainty. give the President the flexibility to de- partment of State or other reviewing S. 149 does not classify items as of velop a more modern and effective sys- agencies to conduct their investiga- ‘‘greatest national security concern’’ tem. tions, it is, in reality, a solution in or ‘‘lesser national security concern.’’ This is a good bill for Nevada. It is a search of a problem. Never has there Instead, it sets up a risk-based system good bill for the country. It is a good been a case where the Departments of that allows the administration to bill for the world. I urge my colleagues State and Defense have not had enough make such determinations within the to follow the lead of the managers of time to adequately review a license ap- bill’s guidelines. Based on past experi- this bill, the Senator from Maryland plication. In fact, Fiscal Year 2000 data ence and demonstrated agency data, and the Senator from Wyoming, and from the Department of Commerce in- both the administration and the bill move forward. Defeat the amendments dicates that the average time for the sponsors believe that S. 149’s system— that will be offered by just a small review of a license by the Department by setting mandatory time periods number of Members. Defeat them over- of Defense was only 13 days. The De- with the existing ‘‘stop the clock’’ ex- whelmingly. This is important legisla- partment of Energy averaged 22 days, ceptions—is the most effective frame- tion. We need to send a message to the while the State Department averaged 9 work for operating export controls. world that we mean business in main- days. All three agencies demonstrated In conclusion, this amendment, al- taining our superiority in the produc- that the 30 days currently permitted to though it is portrayed as simple and tion of computers. review a license is more than adequate. common-sense, undoes the key element The PRESIDING OFFICER. The Sen- Exporters lose their customers when of discipline of S. 149. It would result in ator from Wyoming. faced with uncertainty about delivery a application system bogged down by Mr. ENZI. Mr. President, I rise in op- times. This amendment could place all bureaucracy and politics, a system in position to the amendment to S. 149 export licenses in virtual limbo for five which delays are the rule rather than proposed by the Senator from Ten- months—surely enough time for com- the exception. It is not simple or tech- nessee. This amendment contains sub- petitors to easily step in and fill our nical, but would undo the careful bal- stantial changes that will not only exporters orders. ance of the bill. I urge its rejection. upset the delicate balance of control Moreover, any agency that might I thank the President. I yield the between agencies established in S. 149, conceivably require more time to re- floor. but it will create a burdensome licens- view an application is fully protected The PRESIDING OFFICER. The Sen- ing, classification and regulatory proc- under S. 149. First, an agency may ex- ator from Texas is recognized. ess and further fuel the turf battles be- ercise any of the carefully thought-out Mr. GRAMM. Mr. President, I apolo- tween agencies. exceptions listed in Section 401(g). For gize to my colleagues for being late; I This amendment would allow a re- example, under Sec. 401(g)(1), the appli- was busy on a matter important to my viewing agency to stop the clock dur- cant might be willing to provide addi- State. I wanted to come over today ing the licensing application process tional time in order to have a better both to oppose the amendment that is ‘‘due to the complexity of the anal- chance at approval. Second, an agency before us and to speak on behalf of the ysis’’ or ‘‘because of the potential im- is always free to return a recommenda- bill itself. Let me do those in reverse pact on the national security or foreign tion of disapproval, thereby kicking order. policy interests of the United States.’’ the application into the interagency First of all, our colleagues can be Simply put, it would unnecessarily dispute resolution process. Third, once proud of the fact that the bill before us delay licensing decisions and, ulti- within the interagency process, an today is truly bipartisan, and I want to mately, reduce the competitiveness of agency can escalate a decision to a congratulate Senator SARBANES for his U.S. exports. higher level. leadership on this bill, both as chair- This amendment is unneeded at best Second, the amendment undoes the man of the Banking Committee now and harmful to national security and discipline of the entire system. A key and as ranking member when the bill the economy at worst. The danger of recommendation of the various com- was originally written. I also want to this amendment lies in that it would missions that have studied our export thank Senator JOHNSON and Senator enable a single agency to delay the ap- control system is to increase discipline ENZI for their leadership on this bill. proval of a license for up to 60 days due in the export control system. Without This bill tries to deal with an inher- to the ‘‘complexity of the analysis.’’ strict deadlines, discipline disappears. ent conflict that we face as a nation. Used effectively as a delay tactic, a re- And without discipline, the system is On the one hand, we want to be the viewing agency could bury an applica- unworkable. An undisciplined system greatest technological giant in the tion in the ‘‘complex analysis re- is the same as no system at all. The world. We want to dominate the world quired’’ bin and walk away for 2 consequences for both our national se- in producing everything that embodies months. The natural bureaucratic curity and economic interests would be new technology because the country tendency to avoid risk would cause un- severe. that controls that technology ulti- processed license applications to lan- It was mentioned in the arguments in mately dominates the world economi- guish for days weeks or even months favor that the Cox commission had cally. It has the highest wages, and the

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16308 CONGRESSIONAL RECORD—SENATE September 4, 2001 brightest future. So, we have not only So we build a higher wall around a greater confidence in what we are a goal but a passion to see that when smaller number of items. We recognize doing. But regardless, we have a good new tools are produced, when new tech- it is certainly true that you can go bill. It is a bill the country needs, and nology is implemented in the market- into any Radio Shack and buy a com- it is important. place, that it is American technology, puter that is more powerful than the Let me add, my trusty staff has just implemented by Americans. most powerful computer that existed in passed me a note reminding me that we We are the most technologically and the world when I was a college pro- made no less than 59 changes in trying scientifically friendly society in his- fessor. to deal with the concerns some of our tory, which is one of the reasons we are I remember running multiple regres- colleagues raised in the last Congress. the greatest country in the history of sions which people now run on calcula- It is not as if the chairman of the the world. This bill is very much about tors. I had these punchcards that had Banking Committee, Senator SAR- that, but it is also about our other ob- all this data—more precious than life, BANES, and I have been deaf in terms of jective, which is to try to see, to the almost. You would tote big boxes of listening to their concerns. We have maximum extent we can, that new these punchcards over to the computer listened to them, and we have re- technology does not get into the hands center at 4:30 in the morning. They had sponded. We have made 59 changes in of those who would use it to harm an entire building that had an analog the bill and worked with the previous America or her interests and to engage computer—an entire building. And it administration. And when the new ad- in terrorist activities around the had so little storage capacity that my ministration came, we gave the bill to world. And that is the inherent conflict little multiple regression took the en- them, and they made suggested between these two goals. tire memory of the entire computer. changes which we made. So, I think we What this bill is trying to do is to And this whole building was devoted to have tried to work with everybody. But find a way to deal with this inherent running this computer. Now any col- the point is, we are not through work- conflict. I personally believe, after hav- lege student taking college statistics ing. If we can improve the bill, we want 1 ing now spent some 2 ⁄2 years working can perform the same transaction on a to do it. on this bill, that we have come to a modern calculator. Let me address a central point, good solution. We have come as close Obviously modern technology can be though. I think it is important that as you can come to reconciling these put to defense use. But the point is, if people understand the logic of the bill. differences. Let me try to explain how. our purpose is just to feel good, then I then want to talk very briefly about I know some of our colleagues are we could do a lot of different things. the Thompson amendment. concerned that we have gone too far in But in writing this bill, we want to Ultimately, you have to ask yourself trying to promote American sales of have a meaningful impact in the law. a question: Is America’s security en- technologically advanced products. I So for technologies that are readily hanced by our being the dominant eco- believe, upon close scrutiny of this bill, available, that can be purchased any- nomic power in the world that gen- objective observers will conclude that where, we decided to take them off the erates the great bulk of modern tech- charge is not true. This bill tries to list of restricted export items. nology and that implements it first? Or recognize something that we do not We have put together a system where could we promote our national security like to admit but that everybody has the security agencies have the strong- by freezing things as they are, by stop- to admit is true: if a technology is gen- est voice they have ever had in the ping the production and the export and erally available, if you can go to Radio process. We have put together a proce- the utilization of technology that Shack and buy something, if it is mass dure whereby an agency that has doubt marketed all over the world—it may might in the future have national secu- can buck the decision up to a higher have defense implications; it may be rity ramifications? Some people still seem to have this something you would want to prevent a level, if they can get approval by a vision of the Cold War—that Ivan is at terrorist or terrorist state from get- Senate-confirmed person in their de- ting—but if something is mass mar- partment. the gate, that technology is coming We make it easier to say no. We give keted, then would-be terrorists can go out of defense research establishments the President an all-encompassing to Radio Shack and buy it. Would-be and into the American private sector, terrorist nations could get access to power: if the President of the United and then into the world private sector, something that is mass marketed. States, having reviewed all the data, and it is then absorbed by would-be ad- One of the great strengths of the bill concludes that the sale of an item rep- versaries. is that we introduce a new concept into resents a national security threat, no The plain truth is, that concept of American law—the concept of mass matter whether it is mass marketed or the world is no longer valid. Most of marketing. What we say is, if a tech- anything else, then the President can the modern technology is coming from nology is available on a mass market intervene and say no. Now, the Presi- the private sector. In a sense, we are basis, if you can buy it all over the dent himself has to do it. This cannot back to where we were in World War I, world, it is too late to protect it. So we be delegated to somebody else, remov- where one of the things we tried to do propose building a higher wall around a ing the President’s responsibility to was take modern technology and im- smaller number of items. That is the answer whether it is wise or promotes plement it for military use. Then, as logic of this bill. It is a very simple the public interest. That is the basic we developed what Eisenhower called logic. structure of this bill. the military industrial complex and re- The second component of the bill rec- This bill is strongly supported by the developed basically this university de- ognizes that it is very difficult to prove administration. It is supported by the fense industry consortium, it was the somebody knowingly sold or trans- Defense Department. It embodies the engine for new technology. ferred technology that is protected. recommendations from the Cox Com- But today technology comes from the And since it is very difficult to prove mission, whose key recommendation private sector, from international com- that—very difficult to catch bad ac- was that Congress quit trying to do panies. If we don’t let them implement tors—we want the penalties to be ex- things that only make it look as if it is the technology and put it to work and traordinarily stiff. Penalties in current concerned about national security, and produce products here, they will law are so small as to be irrelevant to instead focus on national security. We produce them elsewhere. The net result a modern corporate entity. have done that. is that we will have less control than Our penalties, which can run into the Some of our colleagues have con- we do now. tens and hundreds of millions of dol- cerns. I am hopeful, perhaps as early as Ultimately, the security of America lars, can, for repeat offenses and a pat- in the morning, that I will get a chance is based on our ability to produce new tern of behavior, result in imprison- to sit down with them to see whether, technology, not on the technology that ment or life imprisonment or penalties even at this late date, we might work exists today. It is based on the tech- that affect anybody’s behavior. something out that could give them nology we are going to generate in the

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16309 future and that we are going to imple- from the review, if the President finds was influenced by his desire, in a sense, ment before anyone else. The only way that the product poses a national secu- to begin a new career and by some fam- we can keep that system intact is by rity concern, then the President has ily considerations. Of course, I respect allowing American industry to use the right to intervene. those. Obviously his presence here in modern technology. Some people are going to say: Well, the Senate—a very strong presence, I AMENDMENT NO. 1481 you made it so the President can’t use might observe—will be missed post-2002 Mr. GRAMM. The Thompson amend- it because how can the President do all or post-January 3, 2003. ment on its face looks desirable. But in these things? But we already know Just as we are co-managing this re- reality, it assaults a system that we that the President doesn’t do all these authorization of the Export Adminis- have put into place that forces a deci- things. The practical implication of tration Act today, I think we have ac- sion. Let’s say I am Texas Instruments, this waiver is that when a process is complished a great deal working to- and I want to export a technology. I stopped that has otherwise been ap- gether in our respective roles on the have to file an application. Now, if I proved or that would otherwise be ex- Senate Banking, Housing, and Urban can prove that the technology is mass empt, the decision is not going to be Affairs Committee. marketed that it is readily available or made by a deputy assistant secretary Senator GRAMM was Chairman of the if we find that the technology is going in the Commerce Department or an un- Committee from January 1999 to June to be mass marketed in the future, known person in the Defense Depart- 2001. I have to say that virtually every then all of those factors can come into ment. The person who will have to an- major piece of legislation that came play in making the export decision. swer to the public for the decision is out of our Committee came out either But if at any point in the process an of- the President. unanimously or very close to it with ficial believes there is a national secu- What does that do? It guarantees one exception. We had a big dust-up, as it were, over the financial services rity concern, then all he has to do is that the agency representatives are not modernization bill, essentially over the say no. going to make this decision to cir- The only thing that any one person cumvent the process for a light or tran- CRA provisions. We subsequently worked it out with on the whole panel representing all of sient reason. But if the President be- the Administration and the bill finally these national security agencies—the lieves, based on the best advice he is passed on the Senate floor in November Department of Defense, the Depart- given, that the product should not be of 1999 by a vote of 90–8. In the end, we ment of State, the Department of Com- exported, then the decision is made and found our way through and reached an merce—has to do to stop the process is it is not exported. understanding and an accommodation. I do believe we have put together a to utter the magic word ‘‘no.’’ And I want to acknowledge Senator good system of checks and balances. when they say no, the process is GRAMM for his leadership during his stopped, and the decision can be ap- The Thompson amendment makes it chairmanship on the following bills: pealed to the next highest level—ulti- too easy to bail out of the system. An the Competitive Market Supervision mately, to the President himself. But agency representative can always say Act, the International Monetary Sta- there is no lack of ability to stop a sen- no if he objects, but what he cannot do bility Act, the Manufactured Housing sitive product from being exported. is cause delay after delay. That is what Improvement Act, and the Public Util- What I am concerned about—I have we are trying to deal with here, and I ity Holding Company Act. In the area no question in my mind whatsoever of hope my colleagues will vote no on the of housing and urban affairs, we have the good intent of this amendment—is Thompson amendment. passed into law elderly housing legisla- that if we make it easy to not say ‘‘no’’ Let me repeat, since I see that our tion; reforms to the rural housing pro- but just say ‘‘let’s wait,’’ if we make it distinguished colleague has come to gram; and reforms to the Native Amer- easy for someone to avoid making a de- the Chamber, I am hopeful we can get ican housing program. This year we cision, no politician and nobody gov- together, perhaps in the morning, with passed Market-to-Market reform and erned by politicians will ever make a those who still have concerns about the reauthorization legislation through the hard decision as long as there is any bill to see if there is anything we can Committee. The President also signed viable alternative. That is a chiseled- do to deal with those concerns. I know into law the Iran-Libya Sanctions Ex- in-stone law of public behavior. And if some suggestion has been made that we tension Act on August 3, 2001. I think we make it possible for people to delay might have a blue ribbon panel to the Committee has had a very good because it is complex or because they evaluate the entire process. I haven’t track record under his leadership in say it has the potential of having na- talked to Chairman SARBANES in any the last Congress and at the beginning tional security interest, then what is detail about that. But I think that is of this Congress. going to happen? The whole process is something we would be willing to look I also want to acknowledge that going to get tied up. This bill, which at as an addition to what we are doing. without Senator GRAMM’s active lead- tries to achieve a delicate balance be- What we want to do is pass a good ership on the Export Administration tween jobs and security, will end up bill that I believe America needs. Act, we actually would not be on the being destroyed. I yield the floor. floor today. I also look forward to I want my colleagues to know, in The PRESIDING OFFICER. The Sen- working closely with him on the reau- asking them to vote against this ator from Maryland. thorization of the Export-Import Bank amendment, that any representative of Mr. SARBANES. Mr. President, I and the Defense Production Act. any agency who is serving on the re- take this opportunity while Senator I have to say we are going to miss view panel has a right to stop the proc- GRAMM is still with us on the floor to Senator GRAMM. I think that is obvi- ess by saying no. What they don’t have depart from the debate on S. 149 for a ous. I want to say that despite what the right to do is to say: Well, let’s moment and say a few words about my the press wanted to report about our think about this for 6 months, or let’s very able and distinguished colleague working relationship, I think we have wait for a year while some foreign com- who announced earlier this afternoon had a very positive and constructive petitor is developing the same tech- that he will not be seeking re-election relationship. It happens that we differ nology. They have to say yes or no, but next year in 2002. I think that comes as from time to time on an issue—but they can say no. a surprise to many of us. We heard the what is this place about if it doesn’t Secondly, I remind my colleagues stories, but no one ever assumed they allow room for those sorts of dif- that in part in response to concerns would amount to anything. All of a ferences? Yet as I indicated, in vir- that were raised by Senator THOMPSON sudden, they have. tually every instance we were able to and others, we put a Presidential waiv- I just want to say a few words about accommodate those differences, work er in the bill where the President. Even our working relationship and also, of through them in a rational fashion, if the review process says yes, even if course, to wish Senator GRAMM the and reach good decisions on behalf of under the law the export is exempt very best. I know that this decision the public.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16310 CONGRESSIONAL RECORD—SENATE September 4, 2001 I know of the determination and worked on committees together, as you ject. But if not, I will continue on with commitment with which Senator do a lot of times, where you really get the business at hand. I believe Senator GRAMM has represented the people of to know people. But I have gotten to ENZI wants to speak. Texas as one of their two U.S. Senators know PHIL GRAMM by virtue of the fact The PRESIDING OFFICER. The Sen- in this body. I know of his own very that I have such great respect for what ator from Wyoming is recognized. strong commitment to a peaceful and he says. I, like Senator SARBANES, Mr. ENZI. Mr. President, it is with a prosperous America, and his keen in- don’t agree all the time with what he lot of regret and sadness that I learned terest in economic policy. We have had says, but I have to tell you I have great of this decision this afternoon. I came a lot of very good discussions in the appreciation for the way Senator to the Senate just 41⁄2 years ago, which Committee on that very subject. I GRAMM says it and the fact that he is would be about the equivalent of the didn’t want the occasion of his an- a man of conviction. He talks about college degree. nouncement just a little earlier this what he believes is the way it should During that time, I have gotten to afternoon to pass without taking the be. study under PHIL GRAMM. There have floor and making a few comments. I He is a person who got an education been a lot of times that I really look forward to continuing to work not in an easy fashion. Senator GRAMM thought I ought to be paying him tui- very closely and cooperatively with may not want a lot of people to know, tion. It has been a tremendous edu- Senator GRAMM over the balance of but I have heard him saying this, so I cational process. If we could just get this year and all of next year. I hope am not speaking out of school. He had him to be a little more outspoken. we can continue to cooperate together some learning disabilities. Yet he I do recall he said when he retires he and do good things for the country. I turned out to be one of the finest schol- is going to retire to a town in the say this to my colleague with all re- ars Texas had and one of the finest United States that does not have a sin- spect and affection. scholars the Senate has ever had. He is gle traffic light. I assume there are I yield the floor. a Ph.D., a professor. still some of those in Texas. If there The PRESIDING OFFICER. The Sen- I am going to enjoy very much the are not, Wyoming would welcome the ator from Texas. next 18 months with Senator GRAMM, Senator with open arms. We would love Mr. GRAMM. Mr. President, let me as I have the prior 19 years or so I have to have him there and, of course, we first say that I appreciate Senator SAR- spent in Washington with him. But are looking forward to the game BANES’ remarks. When your mama says there will never be another PHIL against his alma mater, Texas A&M, something nice about you, people ex- GRAMM. He is one of a kind. He has the team the Senator follows day in pect it. I do think Senator Sarbanes is really dedicated his life to public serv- and day out, and we are looking for- correct, and I don’t think I will do him ice, for which I have no doubt the State ward to a good contest. any harm in Maryland by saying that of Texas is a better place. I thank the Senator for all of the in- he and I differ on a lot of subjects. In PHIL GRAMM is virtually unbeatable struction that he has given, for the fact, it might well help him politically in Texas. It is bad news for the people education he has provided for America. by saying that. But when we ended up of the State of Texas that he is leaving. I have appreciated the stands he has running the Banking Committee—Sen- The good news for us in Washington is taken and the ferocity with which he ator Sarbanes as a Democrat and me as that he is leaving and we are going to has taken them. Thanks again for the a Republican—everybody assumed that have an opportunity to take the Senate education. people who differed on as many issues seat. We could never do that with Sen- Mr. GRAMM. Thank you, MIKE. as we differed on would never get any- ator GRAMM here. We know it is an up- Mr. REID. Mr. President, I ask unan- thing done. I appreciate very much his hill battle he left there. imous consent that the Senate vote in kind comments, and I appreciate his I wish words could connote the warm relation to the Thompson amendment pointing out the plain truth, which is feeling that I have for PHIL GRAMM. I No. 1481 at 5:15 p.m. today, with no sec- that we have gotten a near record just think the world of him. I like him ond-degree amendments in order to the amount done. We have achieved that a lot. He is a fine person, and I hope his Thompson amendment; that prior to by recognizing that under our system family is proud of him and also the the vote there be 4 minutes for debate you get things done by working with people of Texas, as they should be. equally divided in the usual form, with people instead of running over people. I The PRESIDING OFFICER. The Sen- no other intervening action or debate. have been chairman and Senator SAR- ator from Tennessee is recognized. The PRESIDING OFFICER. Without BANES has been chairman, and I assume Mr. THOMPSON. Mr. President, I objection, it is so ordered. he will be chairman for the remainder suppose I am going to have to say Mr. THOMPSON. So we will vote at of my time, but you never know. something nice about Senator GRAMM. 5:15 on this amendment that we are dis- Maybe Senator REID will have a change In all honesty, I have a tremendous cussing right now. of heart and decide to come join us. amount of admiration for Senator The PRESIDING OFFICER. The Sen- Who knows? GRAMM, and it was with great sadness ator from Tennessee. In any case, I am very proud of our that I learned a short time ago he de- Mr. THOMPSON. Mr. President, I record, and I am very proud to have cided not to run again. Regardless of will address the issue concerning the Senator SARBANES’ friendship. Thank what anybody else does here, I think amendment I have submitted having to you. this institution needs a PHIL GRAMM. do with the amount of time agencies The PRESIDING OFFICER. The Sen- The institution is going to have to would have to consider a license appli- ator from Nevada is recognized. come up with another one now, it looks cation. This amendment provides addi- Mr. REID. Mr. President, if I may like. But the institution has been bet- tional exceptions from acquired time take a minute, I have been fortunate in ter for his having been here. periods for processing license applica- the last 3 years or so to spend most of I know of no one who has more intel- tions if the reviewing agency requires my time here on the floor. Every time lectual honesty and who is more fear- more time due to the complexity of the Senator GRAMM of Texas comes to the less in the pursuit of the things in analysis or if the reviewing agency re- floor I always anticipate a good experi- which he believes. More often than not, quires additional time based on the po- ence. I may not agree with what he is they are the things in which I believe. tential impact of the export on na- saying, but nobody is more in tune But that is almost beside the point. I tional security or foreign policy inter- with the subject matter and more en- want to express publicly to him my ests of the United States. It limits any tertaining than Senator GRAMM. tremendous admiration for him and for additional time to not more than 60 I have not served on committees with the service he has rendered the State of days. Senator GRAMM. He served in the Texas and our country. In other words, what this amendment House, as I did, and we have served in I will yield to anyone else at any does—first of all, as it is currently the Senate together. We have never time who wants to speak to this sub- drafted, it gives an agency 30 days to

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16311 look over this license application and what we are talking about—national door; anything they say is foreign to come to a decision as to whether or security. Do we not let the Department available. Mass marketing: Somebody not it wants to go along with it or try of Defense have a little additional time within the bowels of the Department of to oppose it. If the agency is not heard to make sure we are not sending some- Commerce decides it is mass marketed from within 30 days, then it is deemed thing dangerous to somebody dan- so all of that goes out the door. Em- the agency waives its rights and the gerous? beded components: If something is reg- agency approves it. I do not fully appreciate the talk of ulated and considered to be sensitive What this amendment does is it the balance between jobs and security. because it can be used potentially for takes a particular set of circumstances We are not dealing with a jobs bill. We military purposes, it is regulated, you where there are national security im- are dealing with a bill that is designed have to have a license. But if somebody plications; in other words, the Depart- to protect national security. We are puts it in a bigger component, you do ment of Defense takes a look at some- not balancing off how much money not have to have a license for it or the thing and says: Perhaps this is a very somebody could make. Three percent bigger component if the bigger compo- complex application, and it very well of our total exports are exports to nent is worth more than 75 percent of may have national security implica- these controlled companies, so we are the total value of what is being tions. We simply cannot get this done talking about most all of them are ap- shipped. It makes no sense at all. It in 30 days. We need additional time. proved. We are talking about a fraction makes no national security sense. It As to the Cox Commission, I hope my of 3 percent. might make economic sense for some friends who are sponsoring this legisla- They have a very effective lobby and folks. But all that is by the board. We tion will not choose the Cox Commis- they have been doing their job well, passed that. We will do that and tell sion as authority when it chooses and but let us not lose sight of the small- the President, catch him if you can, ignore the Cox Commission when it ness of the exports we are talking fixing it so the President can’t delegate makes recommendations that oppose it about in terms of the total economic any of this. The President has to make because the Cox Commission concluded picture. Even if it were large, I would the determination that he wants to in its determination that there were think the same way about it. If we come in with oversight action that will undue time pressures brought to bear want to talk about a balance or a go against this entire regulatory proc- on these agencies sometimes. We need- tradeoff, are we not willing to trade off ess when we have thousands of these ed to get the merchandise out the door a fraction of 3 percent over against, applications a year. We are not going when these agencies were trying to say, the Department of Defense when it to be able to do anything with that. make these national security deter- has a national security concern, having The train left the station. I can count minations, so they came up with rec- an additional 60 days to take a look at votes. ommendations that are consistent with it? Are we that eager to get the mer- Apparently, we have decided in this what we are talking about here. chandise out the door when we are Nation to turn a blind eye to the pro- The amendment was accepted unani- being told on a regular basis these liferation activities in this world, to mously by voice vote in the House rogue nations are developing this addi- the fact that we are now subject to International Relations Committee tional technology; that they are devel- being hit from some of the smaller markup of the Export Administration oping weapons of mass destruction; rogue nations, countries that are starv- Act. The Cox Commission rec- that China and Russia are supplying ing their own people to death, putting ommended this: With respect to those them with technology that will assist their money into missile and nuclear controlled technologies and items that them in their weapons of mass destruc- capability, to now hit us, our allies, or are of greatest national security con- tion; that China, which will greatly our troops in the field, and we are cern, current licensing procedures benefit from this bill, is taking our opening the door wider to send stuff to should be modified to provide longer technology and using it for military countries that are supplying the rogue review periods when deemed necessary purposes; when our commissions and nations. We have apparently made that by the reviewing executive department agencies are telling us in their reports, decision. or agency on national security whether it be Rumsfeld, Deutch, or our For goodness’ sake, can’t we give the grounds. own intelligence agencies that report Department of Defense a little more I have heard it said this is when on a biannual basis, that these threats time when they are asking us to hold there is great national security con- are growing and that they are using up a little bit and make sure we are cern. American technology; when we hear not hurting our country? Do we have to As I indicated, the Cox committee things like Saddam Hussein has been draw the line at an additional 60 days recommended additional time be given furnished by a Chinese company with for that kind of consideration? If we under appropriate circumstances, and technology that will assist him in his can’t do this, we might as well fold up these are appropriate circumstances. fiber optic cable network that will ac- our tent and do anything that export- Opponents of this amendment say tually assist him in shooting down ers want to do. I don’t see why we these are just circumstances where American airplanes—we have caught ought to have an export process any- there is substantial national security him twice at it now—and it is being more. It clearly will not be designed to concern. supplied by a company that has a rela- protect this country, which was its I ask my colleagues, how do we know tionship with a company in the United original design. whether or not there is a substantial States? I hope history does not prove this is national security concern if the agen- I hope if one of our boys gets shot an even more unwise decision than I cies that are determining that do not down over there it is not determined it fear it might be. The cold war certainly have sufficient time enough to inves- is with American technology. It is not is over, and it has left a country that is tigate it? Are we going to decide if the farfetched. I am not claiming I can sug- more vulnerable than ever to our own Department of Defense believes it gest anything that would forever pro- technology. Most of it we are not deal- needs additional time and believes hibit that, but we can surely give the ing with today. We are not dealing there may be national security con- Department of Defense an extra 60 days with nontechnology matters. We are cerns? Are we going to cut them off if it believes it has a national security dealing with limited items in a very prematurely because they cannot make concern. narrow regulatory process. We approve out a prima facie case at that point? We have gotten past, I suppose, the 98 percent of them anyway, even in the Should they not, as the agency deal- debate on things such as foreign avail- regulatory process. The average time it ing with this and having the expertise, ability. We are going to have somebody takes is 40 days. We can’t stop and take be given, in a matter of national secu- down in the bowels of the Department a deep breath long enough to make rity—as we are trying to get the mer- of Commerce determine all that needs sure we are not hurting our country, chandise out the door, let us remember to be deregulated and it is out the when it takes 40 days on average to get

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.001 S04SE1 16312 CONGRESSIONAL RECORD—SENATE September 4, 2001 this done? And the overwhelming ma- proval of the license based on the com- We reviewed those recommendations. jority are already approved. plexity of analysis and then potentially Recommendation No. 31 did suggest We need to reauthorize the Export use the other excuse to delay it an- longer review periods for national secu- Administration Act. We need to tight- other 60 days. The bill already provides rity purposes. The Cox Commission en it up, instead of loosening it. But for several different ways to stop the made that recommendation only with that will not happen. It will be loos- clock on any bill. The license applicant items that are of the greatest national ened. I ask, can’t we at least consider and the Secretary of Commerce mutu- security concern. For other items, the the agencies involved, as the Cox com- ally agree more time is necessary to Cox Commission strongly rec- mission suggested? process the application, or if more time ommended streamlining the process It has been said if there is a national is needed to verify and identify the re- and providing greater transparency, security concern, they can raise it liability of an end user, or if additional predictability, and certainty. We did later in the review process. If the De- time is necessary to secure government that, plus building into the system this partment of Defense has not had time to government assurances regarding system of referrals, that easier process to adequately investigate the matter, item end use, or if more time is re- of resolving interagency disputes or it is already in the interagency review quired for multilateral review if appli- interagency concerns, the ability to es- process and they will not have the in- cable or if additional time is needed to calate in the process. So that got built formation on which to base an objec- allow for congressional notification, if into the system at the same time, tion. Do we want to force the process that is required, if more time is nec- which answers some of those concerns. along so fast we ensure the Department essary to permit consultation with for- S. 149 does not classify items as being of Defense or the affected agency does eign governments, then, of course, we ‘‘of greatest national security concern’’ not have sufficient time to make an ob- have the essential provisions of the or ‘‘of lesser national security con- jection, had they known the full extent bill. First, an agency could exercise cern.’’ It sets up a risk-based system of the nature of the export and perhaps any of these thought-out exceptions that allows the administration to the end user and how it would be used that are very carefully defined in the make such determinations within the and the potential uses for it? bill. The two provisions in this amend- bill’s guidelines. Based on past experi- We may have to go down this road, ment are not carefully defined. So they ence and demonstrated agency data, but we don’t have to get in the jet- give a very broad, general, bureau- both the administration and the bill’s stream. We don’t have to do it with cratic approach that allows people to sponsors believe that S. 149’s system, blinders. I suggest this is a minimalist pigeon hole a bill and walk away from by setting mandatory time periods amendment that we would want to pass it for at least 60 to 120 days. They could with the existing ‘‘stop the clock’’ ex- to benefit the process and to show the use the carefully thought-out defined ceptions, is the most effective frame- world we are not so intent on trade and provisions in section 401(g). work for operating export controls. For money that we will not even take mod- Second, any of the agencies are free that reason, the bill does not include est measures to make sure we are not to return a recommendation of dis- that particular and specific aspect of making a mistake with regard to some- approval. That kicks the application the Cox Commission recommendation. This amendment, although it is por- thing important to our country. into the interagency dispute resolution trayed as simple and common sense, I yield the floor. process which would give additional undoes the key element of the dis- The PRESIDING OFFICER. The Sen- time for the review. cipline in S. 149. It would result in an ator from Wyoming. Third, once within the interagency application system bogged down by bu- Mr. ENZI. While the parties have process, the agency can escalate a deci- reaucracy and politics, a system in been speaking, and we have been in sion to the higher level. contact with the White House to see In practicality, after you and I have which delays are the rule rather than the exception. It is not a simple or how difficult the time schedule in the watched the process, Mr. President, technical change but would undo the S. 149 bill would be to meet, I have and seen how it works, it also works if careful balance of the bill. been told there is no problem meeting the agency calls and says we can give I have mentioned what can be a tend- those time schedules, that the agencies you a disapproval right now unless you ency. What we tried to do with the bill can do that, the agencies have done can provide additional time or infor- was escalate the decisions up to the that; that the records show they have mation. That same process is an effec- higher levels of government rather been able to meet those time deadlines, tive way of stopping the clock, pro- than have the decisions made at the and the administration is opposed to vided the application doesn’t have to bureaucratic level. We have tried to this amendment. go back to ground zero when it comes eliminate possibilities that, rather This amendment allows the review- back in again. That is a mechanism than make a decision, people would pi- ing agency to stop the clock during the that has been used. geonhole things. This is one of those licensing application process. One of This amendment unravels the dis- opportunities to pigeonhole things for our difficulties in arriving at a bill has cipline of the system that has been set 60 to 120 days, with an undefined but been to eliminate turf battles. The out. With its capability of escalating agencies are working very coopera- good-sounding concern. clear up to the President, there is a I do urge rejection of this amend- tively, but there is the potential of who recognition that this can take a lot ment and ask colleagues on behalf of will be in charge of what and how long more time. That is how the time ele- the administration to join me in that the delay and who can cause them, ment was addressed under the rec- rejection. which changes the balance between the ommendations we had from the dif- Mr. REID. I suggest the absence of agencies. This bill has that balance be- ferent commissions. quorum. tween agencies. A key recommendation of the various The PRESIDING OFFICER (Mr. The agencies agree—and there will be commissions that study our export sys- JOHNSON). The clerk will call the roll. a letter on everyone’s desk—that they tem is to increase the discipline in the The assistant legislative clerk pro- have the capability of operating 60 export system. Without deadlines, dis- ceeded to call the roll. days under this bill. This bill does not cipline disappears. Without discipline, Mr. KYL. Mr. President, I ask unani- just give 60 days. It could give 120 days the system is unworkable. An undisci- mous consent that the order for the the way it is written, which in addition plined system is the same as no system quorum call be rescinded. to the 30 is 150 days for a process that at all. The consequences for both our The PRESIDING OFFICER. Without has been workable in less than 30 days national security and economic inter- objection, it is so ordered. by each of the three main agencies that ests would be severe. Mr. KYL. Mr. President, I had indi- have been reviewing the bill. My colleague mentioned the Cox re- cated earlier that I wanted to speak in Under this amendment, a single port. The Cox report was done before S. favor of the Thompson amendment. I agency could further delay the ap- 149 was done, or even S. 1712 was done. do that at this time.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16313 It has been explained by the Senator often; in fact, very seldom. On this other country to proliferate weapons of from Tennessee. The point is, there are matter I do have some disagreement. mass destruction inimical to the inter- some matters that would be very com- I think it is not a sufficient argu- ests of the United States, because we plicated, very complex. Everyone ac- ment in and of itself to say that be- have such a history of that, so many knowledges that. It may be that a 30- cause the administration supports examples of it, we should be bending day time for review in that cir- something, therefore we should vote over backward to ensure that we have cumstance would be inadequate. for it and then turn around on a subse- proper control over the export of these All this amendment does is to say quent matter which the administration dual-use technologies. And we should that the department, in that case, strongly supports and vote against not simply be opening it up to essen- could ask for an additional period of them. I suspect that my Democratic tially free license, and if an agency time, up to 60 days, to review and be friends more often than not will find isn’t able to complete its review within able to make its recommendation for themselves in that position in the fu- a 30-day period, the clock runs out and export license under the legislation. ture. you are deemed to have supported the This was the recommendation of the Mr. SARBANES. Will the Senator export of this particular item. Cox committee report in 1999, when it yield? That is putting it exactly backward indicated that the existing 30-day limit Mr. KYL. I am delighted to yield to because matters of national security for departmental license review may be the Senator from Maryland. should be our highest test. The rule inadequate for complex requests that Mr. SARBANES. Earlier in the day should be exactly the opposite. If you could have a lasting national security when I first spoke on this bill, I don’t can’t complete the review in 30 days, impact. And since the legislation be- think the Senator was in the Chamber. then you should get a little more time fore us allows only for extensions on a I was very careful to make the point to complete the review, not to be told: limited basis, and we think that it that I supported this bill on the basis Sorry, the clock ran out; if you could would be appropriate, for, for example, of my own judgment about its con- not get it done in 30 days, no matter the Defense Department, should it tents. I then went on to add the point how complicated, no matter how im- deem it necessary to have a little more that the administration was supportive portant the national security interest, time, that that at least be written into of this bill, and obviously one finds the export is allowed. That is the problem with taking an the bill as a possibility. That is what some comfort in that since much of approach that if the administration Senator THOMPSON has sought to ac- what is in the bill involves the execu- supports the bill, it can’t be changed in complish through his amendment. It tive branch making it work. So par- ticularly on a bill such as this, if they any respect. seems to me to be eminently reason- There are some things about this bill were against it, that would give one able. Therefore, I urge my colleagues that should be changed. Representa- pause for thought. to support this very reasonable amend- tives of the administration have made I simply say to my colleague, it is a ment. it clear to the Senator from Tennessee The primary argument I have heard very interesting challenge he puts for- and myself and others that they recog- ward. Without anticipating that he about it relates to a political matter; nize there will have to be implementa- would make such a challenge, I was that is, that the White House supports tion of this legislation by executive very careful in my opening statement the legislation. We have been advised order. Some of the concerns we have to make the point that my support for that the White House supports the leg- expressed, they assured us, would be the bill was based on my own judgment islation without change. I want to dealt with in this executive order in about its provisions having worked comment on that a moment. some way or other. I have absolute through it very carefully. Over and My friends on the Democratic side of confidence in the administration with the aisle, the Senator from Maryland, above that judgment, I also, of course, respect to that. Obviously, they have for example, in response to something I alluded to the fact that the administra- not issued any executive order yet. It said earlier, wanted to be sure I was tion was very supportive of it. would be premature to do so. aware of the administration’s support. Mr. KYL. Mr. President, I very much But failing to understand what spe- Indeed, I was. I would like to make this appreciate that comment from the cific things might be addressed, we offer to any of my Democratic col- Senator from Maryland because that is think it is important to try to fix those leagues. I will support this legislation the basis on which we should approach problems now, and one of the problems based upon the fact that the adminis- this legislation—our own evaluation. I deals with this question of possibly tration supports it if my Democratic know that because of the Senator’s needing a little more time. I just ask colleagues will commit to me today work on this issue. Prior to the strong my colleague, what could be lost, what that they will do the same for legisla- expressions from the administration, could be wrong with having a depart- tion that the administration supports. the Senator from Maryland was very ment—let’s say the Department of De- In other words, if I can get a letter supportive of the legislation. I know fense, if it says it needs more time—get from the Secretary of Defense or the that he is very truthful in what he just a little more time? This is too serious Secretary of Commerce or the Sec- said. I appreciate that. That is the po- to put an arbitrary 30-day clock on and retary of State on a matter that will sition each of us should take with re- say: Sorry, time is up, national secu- come before the Senate in the future, spect to legislation regardless of which rity be damned; the 30 days ran out, since they regard the administration so administration is in power at the time and the export is allowed to go for- highly with respect to the EAA and and whether or not that administra- ward. This is the problem with this suggest that is the reason why this leg- tion supports the legislation. strict provision in the law with no abil- islation should be adopted without My point is that it is not a sufficient ity to move out of it. change, then it seems to me, unless argument that we should reject all the That is why the Thompson amend- they are picking and choosing which amendments because the administra- ment makes sense. That is why I hope opinion of the administration they re- tion supports the bill. We should de- my colleagues support the Thompson gard so highly, they should also regard bate each on the merits. And on the amendment. It is specifically rec- highly other opinions of the adminis- merits of this amendment, I see no real ommended by the Cox Commission re- tration and be equally willing to sup- opposition. If because these matters of port. I believe—and I ask my colleague port those positions. national security are so important to from Tennessee if my recollection is I am sure that as Senators we all like the United States and there is such a correct—the House of Representatives to pick and choose the things on which background of violations, particularly has already incorporated this rec- we agree or don’t agree with any ad- in this area of dual-use technology, of ommendation of the Cox committee re- ministration. I am a Republican. I hap- countries acquiring things and then port in its legislation. I am not certain. pen to have a disagreement with the selling them to somebody else or pro- I ask the Senator from Tennessee for administration now and then—not very viding them in some other way to an- his understanding of that.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16314 CONGRESSIONAL RECORD—SENATE September 4, 2001 Mr. THOMPSON. Yes. The House garding end item use. So the very con- Mr. THOMPSON. I will use my 2 min- committee reported this out with cern that the Senator raised is actually utes. It doesn’t sound like that bureau- unanimous consent. addressed in the legislation in terms of cratic mess we had earlier. These 14- Mr. KYL. Mr. President, that in- stopping the clock and providing extra day cases are streamlined where there cludes the provision of the Senator’s time. is no controversy. We are trying to amendment in it; is that correct? I think it is important to underscore deal with a situation where national Mr. THOMPSON. I believe it is essen- that one of the things we were trying security might be involved. You don’t tially the same. to provide to the exporters, which we know whether or not you want to ob- Mr. KYL. Very similar thereto. There think is important, was that they ject, if you are an agency, until you get you have it. It seems to me we are al- could get an answer within a defined into it. ready making changes to the legisla- period of time. Often they are more I have heard it referred to again that tion. We should not be so hidebound to concerned in some instances in getting the agencies apparently do not want every specific jot and tittle in a bill an answer. They need to know, yes or this, and it may be politically incor- which is now 327 pages long, very com- no. They are often competing in an en- rect for me to say this, but it is quite plicated, that we can’t make a few vironment in which they have to find obvious the administration has passed changes in this legislation. out whether they can move forward or the word they want this bill passed I urge my colleagues to consider ex- not. A department having difficulty without amendments, even to the point actly what Senator THOMPSON is pro- with the application can simply say: where they do not want agencies to be posing. It is simple and straight- We think it should be denied. Of given the opportunity to ask for an- forward. It seems to me that for us to course, if they say that, you can then other 60 days, even in a matter of na- just say, no, there is going to be no start the interagency appeal process tional security. I think that is ex- extra time, no matter how complex the working. But of course that extends tremely unfortunate. issue or how strongly the Department over a sustained period of time. It is surprising to me, but apparently of Defense may want it, they are not So we think the framework that is in that is the case. However, it does not going to get any more time, is not wise the legislation really adequately ad- make it right. public policymaking. I urge my col- dresses these concerns. It does rep- I ask my colleagues, in light of the leagues to support the Thompson resent a balance, and, as I indicated proliferation concerns that this coun- amendment. earlier, we are giving quite extensive try has, in light of the developing tech- nology, the fact that it is being pro- The PRESIDING OFFICER. The Sen- powers to the executive branch in here. ator from Tennessee. One of the things the business com- liferated around the world and posing a Mr. THOMPSON. What was the unan- munity was concerned to get was a danger to us, that certainly in this ex- imous consent with regard to the pro- framework with some discipline in it port licensing process we can afford to give our agencies, such as the Depart- vision of time right before the vote? into which they could get an answer. If ment of Defense, a little additional The PRESIDING OFFICER. Four you are left hanging, you don’t know time if they have a national security minutes evenly divided prior to the what to do. vote. So given the provisions for stopping concern. It is not going to put anybody out of Mr. THOMPSON. All right. That was the clock that are in there, we think to business, and it is not going to hurt the my understanding, 2 minutes per side. add another 60 days on top of this pe- overall export process. And what if it The PRESIDING OFFICER. The Sen- riod would extend the process to such does if we are saving something from ator is correct. an extent that the exporters really being exported that otherwise should The Senator from Maryland is recog- could not function in the real world. not be? It is a very simple matter to nized. Now if the time period was taking a dispose of, but it is a very important Mr. SARBANES. Mr. President, I lot longer to get agency response, we want to take advantage of these few matter to get right. could be sensitive to that argument. I yield the floor. minutes to address a couple of the But that is not the case. In any event, Mr. GRAMM. Mr. President, I yield points the Senator from Arizona the very people who are concerned with myself 2 minutes. raised. making this work, upon whom the bur- The PRESIDING OFFICER. The Sen- First of all, in fiscal year 2000, the den would fall, have indicated that ator from Texas. data indicates that the average time they find the time periods that are in Mr. GRAMM. Mr. President, I have for the review of a license by the De- the bill quite acceptable and, in fact, no question about the sincerity of Sen- partment of Defense was 13 days. The are in opposition to the proposed ator THOMPSON’s amendment. He has Department of Energy averaged 22 amendment. They are the very ones worked with us on this bill, and days. The State Department averaged 9 who would have to make the process against us to some extent. We have days. The 30-day time period that is in work. So I think that is also an impor- made 59 changes in the bill to accom- the bill is identical to the current prac- tant consideration to take into ac- modate Senator THOMPSON and people tice under the Executive order. The count. who share his concerns, but let me ex- amendment would add an additional 60 The PRESIDING OFFICER. The Sen- plain to my colleagues why this days in each of two separate cir- ator from Tennessee is recognized. amendment is not good. cumstances. Mr. THOMPSON. Mr. President, this We have established a system that Of course, one of the things we were amendment does nothing to lessen the for the first time is giving the security trying to do here was to set up a proc- certainty for the exporters. Under the agencies a voice in this process. We ess whereby applicants could get a de- old law, it is 30 days the agencies have. have changed the system so one mem- finitive decision within a defined time- Under the new law, it will be 30 days. ber of the panel, from any one agency, frame. Now there are provisions in the The only difference is that in the case can vote no, and the process at that bill to stop the running of a clock, a of potential national security, an agen- point is denied and it has to be ap- couple of which directly go to the end cy would have additional time. The pealed to a higher level. user issue which the Senator from Ari- agency doesn’t have to take that time. It is not like the old system, where zona raised, as requiring further time If the average time for these licenses, the person from the Department of De- to ascertain the end user issue. as the Senator described, was 13 days, fense could express concern but they There are these exceptions that stop it certainly doesn’t sound like that bu- could be overridden. Under the current the clock, as it were, on the time pe- reaucratic mess we heard described system, you just have to have one per- riod. That involves the identity and re- earlier. son say no and the process either ends liability of the end user in one instance The PRESIDING OFFICER. I remind or it is bumped up to the next level. and additional time to secure the gov- the Senator that we are now under con- Finally, we give the President a new ernment-to-government assurances re- trolled time. national security power that says no

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16315 matter what the circumstances are, no NAYS—19 reduction in trained and experienced matter whether a product is mass mar- Cochran Inhofe Specter personnel. These reductions affect sup- keted or not, no matter whether a ter- DeWine Kyl Thompson ported agencies, including the Customs rorist group or a terrorist nation or a Feingold McCain Thurmond Service, DEA, U.S. Border Patrol, FBI, Frist Sessions Voinovich would-be adversary could get the prod- Grassley Shelby Warner HIDTAs, scores of State and local law uct from any other source, if the Presi- Helms Smith (NH) enforcement agencies, and community dent believes it threatens national se- Hutchinson Snowe based organizations. curity, it is stopped. NOT VOTING—7 I am also concerned about the appar- What this amendment would do Gregg Murkowski Torricelli ent lack of emphasis, and even would basically terminate the effec- Jeffords Murray distancing of itself, by the Department Kennedy Santorum tiveness to the system by saying that of Defense, on the counterdrug mission, at any point anybody believes there is The motion was agreed to. especially in a year of discussions of in- complexity in the analysis or there is a Mr. SARBANES. Mr. President, I creased DoD funding for other military potential impact on national security move to reconsider the vote. mission areas. I sense this repeatedly or foreign policy interest, they could Mr. ENZI. I move to lay that motion in insufficient funding for the National indefinitely delay. What we want is a on the table. Guard and other critical counterdrug decision. Remember, the reviewing of- The motion to lay on the table was mission areas, and believe this would ficers can vote no, but we want them to agreed to. be a poor policy decision and a poor in- vote yes or no. That is what the proc- Mr. SARBANES. Mr. President, we dication of the nation’s priorities. ess is about. are prepared to continue debate on this I urge my colleagues and the Depart- measure. ment of Defense to give serious consid- I urge my colleagues to defeat this Mr. President, that is the last vote eration to the National Guard program amendment. today. If there are Members who wish and its contribution to our national I move to table the amendment, and to speak on the bill—earlier I thought drug control strategy. I ask for the yeas and nays. there were and I am now not certain— f The PRESIDING OFFICER. Is there a we would be prepared to stay on in sufficient second? LOCAL LAW ENFORCEMENT ACT order to get that done and thereby help OF 2001 There is a sufficient second. to clear the deck so we can move ahead Mr. SMITH of Oregon. Madam Presi- The question is on agreeing to the tomorrow with respect to other amend- dent, I rise today to speak about hate motion. ments and towards final passage of this crimes legislation I introduced with The clerk will call the roll. legislation. I have no one at the mo- ment indicating any desire to speak. Senator KENNEDY in March of this The legislative clerk proceeded to f year. The Local Law Enforcement Act call the roll. of 2001 would add new categories to Mr. REID. I announce that the Sen- MORNING BUSINESS current hate crimes legislation sending ator from Vermont (Mr. JEFFORDS), the Mr. SARBANES. Mr. President, I ask a signal that violence of any kind is Senator from Massachusetts (Mr. KEN- unanimous consent that the Senate go unacceptable in our society. NEDY), the Senator from Washington into a period of morning business with I would like to describe a terrible (Mrs. MURRAY), and the Senator from Senators allowed to speak therein for crime that occurred January 28, 1998 in New Jersey (Mr. TORRICELLI) are nec- up to 10 minutes. Webster, MA. A gay man was allegedly essarily absent. The PRESIDING OFFICER. Is there attacked by two men, one of whom he Mr. NICKLES. I announce that the objection? Without objection, it is so met through a gay chat room on the Senator from Pennsylvania (Mr. ordered. Internet. The men also used anti-gay epithets. William ‘‘Billy’’ Peters was SANTORUM), the Senator from New f arrested in the incident. Hampshire (Mr. GREGG), and the Sen- SUPPORT FOR FULL FUNDING OF I believe that government’s first duty ator from Alaska (Mr. MURKOWSKI) are THE NATIONAL GUARD is to defend its citizens, to defend them necessarily absent. against the harms that come out of The PRESIDING OFFICER. Are there Mr. GRASSLEY. Madam President, I rise to express my strong support for hate. The Local Law Enforcement En- any other Senators in the Chamber de- hancement Act of 2001 is now a symbol siring to vote? the National Guard’s counterdrug mis- sion. I am concerned that proposed De- that can become substance. I believe The result was announced—yeas, 74, partment of Defense, DoD, funding for that by passing this legislation, we can nays 19, as follows: the National Guard’s FY–2002 change hearts and minds as well. [Rollcall Vote No. 274 Leg.] Counterdrug Program, State Plans, is f YEAS—74 not sufficient to ensure the continu- ance of this valuable service to law en- Akaka Craig Leahy ADDITIONAL STATEMENTS Allard Crapo Levin forcement and local communities, and Allen Daschle Lieberman request that the funding be increased Baucus Dayton Lincoln $40.7 million, from the President’s Bayh Dodd Lott $154.3 million request, to a total of $195 Bennett Domenici Lugar Biden Dorgan McConnell million. NAGORNO KARABAGH’S Bingaman Durbin Mikulski The National Guard’s Adjutant Gen- INDEPENDENCE DAY Bond Edwards Miller erals, from the various States, have in- ∑ Mr. JOHNSON. Mr. President, I rise Boxer Ensign Nelson (FL) Breaux Enzi dicated to the National Guard Bureau, Nelson (NE) today to recognize September 2, 2001, Brownback Feinstein Nickles that without a minimum of $195 mil- as the 10th anniversary of Nagorno Bunning Fitzgerald Reed lion budgeted for this program, large Burns Graham Karabagh’s declaration of independ- Byrd Gramm Reid personnel layoffs may occur. My staff ence. Born from the disintegration of Campbell Hagel Roberts has heard reports that one State may the Soviet Union in the late 1980s, the Rockefeller Cantwell Harkin have to downsize by as much as one- Republic of Nagorno Karabagh has Carnahan Hatch Sarbanes Carper Hollings Schumer third their personnel. Over ninety per- faced incredible odds over the past dec- Chafee Hutchison Smith (OR) cent of the National Guard’s ade in its struggle for self-determina- Cleland Inouye Stabenow counterdrug program costs are per- tion, independence, peace, and sta- Clinton Johnson Stevens sonnel-based, and as such, it is ex- Collins Kerry Thomas bility. Conrad Kohl Wellstone tremely sensitive to variations in fund- Many Americans know very little Corzine Landrieu Wyden ing, taking years to recover from any about Nagorno Karabagh. However, the

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16316 CONGRESSIONAL RECORD—SENATE September 4, 2001 region is culturally rich and histori- EXECUTIVE MESSAGES REFERRED MEASURES PLACED ON THE cally significant as a bridge between As in executive session the Presiding CALENDAR Eastern and Western societies. Arme- Officer laid before the Senate messages The following bill was read the sec- nians have been a distinct political en- from the President of the United ond time, and placed on the calendar: tity in Artsakh—the traditional Arme- States submitting sundry nominations H.R. 4. An act to enhance energy conserva- nian name for the Republic of Nagorno which were referred to the appropriate tion, research and development and to pro- Karabagh—since the 2nd Century B.C. committees. vide for security and diversity in the energy Christianity in the region grew and (The nominations received today are supply for the American people, and for strengthened following the construc- printed at the end of the Senate pro- other purposes. tion of the historic Monastery in Ama- ceedings.) f ras in 330 A.D. Repeatedly destroyed by f EXECUTIVE AND OTHER generations of invaders and rebuilt, the COMMUNICATIONS Monastery in Amaras currently stands MESSAGE FROM THE HOUSE The following communications were as a symbol of faith and perseverance Under the authority of the order of laid before the Senate, together with for Armenians. the Senate of January 3, 2001, the Sec- accompanying papers, reports, and doc- The Soviet Union’s oppression of retary of the Senate, on August 8, 2001, uments, which were referred as indi- independence in the region began in during the recess of the Senate, re- cated: the 1920s as Nagorno Karabagh and its ceived a message from the House of predominantly Armenian population Representatives announcing that the EC–3289. A communication from the Dep- were attached to Azerbaijan. Most re- uty Assistant Secretary, Office of Workforce Speaker has signed the following en- Security, Department of Labor, transmit- cently, Armenians in Nagorno rolled bills: Karabagh struggled to fight the rise of ting, pursuant to law, the report of a rule en- H.R. 93. An act to amend title 5, United titled ‘‘Labor Certification Process for the Islamic fundamentalism in the States Code, to provide that the mandatory Permanent Employment of Aliens in the Cancasus region. separation age for Federal firefighters be United States; Refiling of Applications’’ Finally, on September 2, 1991, the Ar- made the same as the age that applies with (RIN1205–AB25) received on August 7, 2001; to menians of Nagorno Karabagh declared respect to Federal law enforcement officers. the Committee on Health, Education, Labor, their independence and survived a H.R. 271. An act to direct the Secretary of and Pensions. three-year war with Azerbaijan to cre- the Interior to convey a former Bureau of EC–3290. A communication from the Under ate legitimate government institu- Land Management administrative site to the Secretary for Health, Department of Vet- city of Carson City, Nevada, for use as a sen- tions. Residents of Nagorno Karabagh erans Affairs, transmitting, a report relative ior center. to the impacts of recent and ongoing re- have participated in national elections H.R. 364. An act to designate the facility of search; to the Committee on Veterans’ Af- for parliament and president since the United States Postal Service located at fairs. then. 5927 Southwest 70th Street in Miami, Flor- EC–3291. A communication from the Direc- Many challenges face the Republic of ida, as the ‘‘Marjory Williams Scrivens Post tor of the Administrative Office of the Nagorno Karabagh and Armenians in Office.’’ United States Courts, transmitting, pursu- the region. I applaud efforts under- H.R. 427. An act to provide further protec- ant to law, a report deciding habeas corpus taken earlier this year to bring to- tions for the watershed of the Little Sandy death penalty petitions for the period begin- gether Armenia and Azerbaijan in Key River as part of the Bull Run Watershed ning July 1, 2001 through June 30, 2001; to the Management Unit, Oregon, and for other Committee on the Judiciary. West, Florida, to discuss a peaceful end purposes. EC–3292. A communication from the Acting to the Nagorno Karabagh conflict. As H.R. 558. An act to designate the Federal Assistant Attorney General for Administra- Secretary of State Powell noted, building and United States courthouse lo- tion, Justice Management Division, Depart- ‘‘achieving a durable and mutually ac- cated at 504 West Hamilton Street, in Allen- ment of Justice, transmitting, pursuant to ceptable resolution to Armenia’s con- town, Pennsylvania, as the ‘‘Edward N. Cahn law, the report of a rule entitled ‘‘Nation- flict with Azerbaijan over Nagorno Federal Building and United States Court- wide Joint Automated Booking System’’ Karabagh is key to several US inter- house.’’ (DOJ–005) received on August 9, 2001; to the ests.’’ In addition to helping to restore H.R. 821. An act to designate the facility of Committee on the Judiciary. the United States Postal Service located at EC–3293. A communication from the Ad- stability in the Caucasus region, a last- 1030 South Church Street in Asheboro, North ministrator of the General Service Adminis- ing peace agreement would allow Ar- Carolina, as the ‘‘W. Joe Trogdon Post Office tration, transmitting, pursuant to law, a re- menia to improve its relations with Building.’’ port relative to the Federal Employees Clean Turkey and focus much of its economic H.R. 988, An act to designate the United Air Incentives Act for Fiscal Years 2000 and resources on internal development and States courthouse located at 40 Centre 2001; to the Committee on Governmental Af- social improvements. Street in New York, New York, as the fairs. As a member of the Senate Foreign ‘‘Thurgood Marshall United States Court- EC–3294. A communication from the Execu- Operations Appropriations Sub- house.’’ tive Director of the Committee for Purchase H.R. 1183. An act to designate the facility from People Who are Blind or Severely Dis- committee, I will continue to work to of the United States Postal Service located abled, transmitting, pursuant to law, the re- secure funding to support a settlement at 113 South Main Street in Sylvania, Geor- port of additions to the procurement list re- of the Nagorno Karabagh conflict. gia, as the ‘‘G. Elliot Hagan Post Office ceived on August 8, 2001; to the Committee These funds are critical to the peace Building.’’ on Governmental Affairs. process and to post-settlement recon- H.R. 1753. An act to designate the facility EC–3295. A communication from the Direc- struction in Azerbaijan and Armenia as of the United States Postal Service located tor of Employee Benefits, AgriBank, trans- part of a coordinated international at 419 Rutherford Avenue, N.E., in Roanoke, mitting, pursuant to law, the annual report disclosing the financial condition of the Re- donor effort. Virginia, as the ‘‘M. Caldwell Butler Post Of- fice Building.’’ tirement Plan for the Employees of the Sev- Again, I commend the Armenians of H.R. 2043. An act to designate the facility enth Farm Credit District and the audited fi- the Republic of Nagorno Karabagh for of the United States Postal Service located nancial statements for Fiscal Year 2000; to their courage and perseverance on this at 2719 South Webster Street in Kokomo, In- the Committee on Governmental Affairs. anniversary of their independence. I diana, as the ‘‘Elwood Haynes ‘Bud’ Hillis EC–3296. A communication from the Acting look forward to years of peace and eco- Post Office Building.’’ Assistant Secretary of Health Affairs, De- nomic vitality in the region.∑ H.R. 2213. An act to respond to the con- partment of Defense, transmitting, pursuant f tinuing economic crisis adversely affecting to law, a report relative to the Anti-Defi- American agricultural producers. ciency Act; to the Committee on Appropria- MESSAGES FROM THE PRESIDENT Under the authority of the order of tions. EC–3297. A communication from the Acting Messages from the President of the the Senate of January 3, 2001, the en- Director of the Office of Surface Mining, De- United States were communicated to rolled bills were signed by the Presi- partment of the Interior, transmitting, pur- the Senate by Ms. Evans, one of his dent pro tempore (Mr. BYRD) on August suant to law, the report of a rule entitled secretaries. 8, 2001. ‘‘Indiana Regulatory Program’’ (IN–151–FOR)

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16317 received on August 10, 2001; to the Com- a rule entitled ‘‘Regulation H—Membership EC–3319. A communication from the Chief mittee on Energy and Natural Resources. of State Banking Institutions in the Federal of the Regulations Unit, Internal Revenue EC–3298. A communication from the Acting Reserve System: Financial Subsidiaries’’ Service, Department of the Treasury, trans- Director of the Office of Surface Mining, De- (Doc. No. R–1064) received on August 14, 2001; mitting, pursuant to law, the report of a rule partment of the Interior, transmitting, pur- to the Committee on Banking, Housing, and entitled ‘‘Deposits of Excise Taxes’’ suant to law, the report of a rule entitled Urban Affairs. (RIN1545–AX11) received on August 9, 2001; to ‘‘Arkansas Regulatory Program’’ (AR–038– EC–3309. A communication from the Chief the Committee on Finance. FOR) received on August 10, 2001; to the of the Regulations Unit, Internal Revenue EC–3320. A communication from the Chief Committee on Energy and Natural Re- Service, Department of the Treasury, trans- of the Regulations Unit, Internal Revenue sources. mitting, pursuant to law, the report of a rule Service, Department of the Treasury, trans- EC–3299. A communication from the Acting entitled ‘‘Mesa Oil Inc. v. United States’’ re- mitting, pursuant to law, the report of a rule Director of the Office of Surface Mining, De- ceived on August 2, 2001; to the Committee entitled ‘‘Weighted Average Interest Rate partment of the Interior, transmitting, pur- on Finance. Update Notice’’ (Not. 2001–48) received on Au- suant to law, the report of a rule entitled EC–3310. A communication from the Chief gust 14, 2001; to the Committee on Finance. ‘‘Pennsylvania Regulatory Program’’ (PA– of the Regulations Unit, Internal Revenue EC–3321. A communication from the Sec- 133–FOR) received on August 10, 2001; to the Service, Department of the Treasury, trans- retary of Defense, transmitting, the report of Committee on Energy and Natural Re- mitting, pursuant to law, the report of a rule a retirement; to the Committee on Armed sources. entitled ‘‘Modification of Tax Shelter Rules Services. EC–3300. A communication from the Group II’’ (RIN1545–BA04) received on August 3, EC–3322. A communication from the Acting Vice President, Structured and Trade Fi- 2001; to the Committee on Finance. Assistant Secretary of Health Affairs, De- nance, Export-Import Bank of the United EC–3311. A communication from the Chief partment of Defense, transmitting, pursuant States, transmitting, pursuant to law, a re- of the Regulations Unit, Internal Revenue to law, the Report on the Third Party Collec- port relative to a transaction involving U.S. Service, Department of the Treasury, trans- tions Program for Fiscal Year 2000; to the exports to the Republic of Korea; to the mitting, pursuant to law, the report of a rule Committee on Armed Services. Committee on Banking, Housing, and Urban entitled ‘‘Modified Endowment Contract Cor- EC–3323. A communication from the Assist- Affairs. rection Program Extension’’ (Rec. Proc. ant Director for Executive and Political Per- EC–3301. A communication from the Chair- 2001–42) received on August 7, 2001; to the sonnel, Department of Defense, transmit- man and President of the Export-Import Committee on Finance. ting, pursuant to law, the report of the dis- Bank of the United States, transmitting, EC–3312. A communication from the Chief continuation of service in acting role for the pursuant to law, a report relative to a trans- of the Regulations Division, Bureau of Alco- position of Director of Operational Test and action involving U.S. exports to Mexico; to hol, Tobacco and Firearms, Department of Evaluation, received on August 7, 2001; to the the Committee on Banking, Housing, and the Treasury, transmitting, pursuant to law, Committee on Armed Services. Urban Affairs. the report of a rule entitled ‘‘Manufacture of EC–3324. A communication from the Assist- EC–3302. A communication from the Direc- Tobacco Products and Cigarette Paper and ant Director for Executive and Political Per- tor of the Export-Import Bank of the United Tubes, Recodification of Regulations’’ sonnel, Department of the Air Force, trans- States, transmitting, pursuant to law, a re- (RIN1512–AC39) received on August 7, 2001; to mitting, pursuant to law, the report of a port relative to a transaction involving U.S. the Committee on Finance. nomination for the position of Assistant Sec- exports to the Republic of Korea; to the EC–3313. A communication from the Chief retary of Acquisition, received on August 7, Committee on Banking, Housing, and Urban of the Regulations Division, Bureau of Alco- 2001; to the Committee on Armed Services. Affairs. hol, Tobacco and Firearms, Department of EC–3325. A communication from the Assist- EC–3303. A communication from the Gen- the Treasury, transmitting, pursuant to law, ant Director for Executive and Political Per- eral Counsel of the Federal Emergency Man- the report of a rule entitled ‘‘Implementa- sonnel, Department of Defense, transmit- agement Agency, transmitting, pursuant to tion of Public Law 105–34, Section 1417, Re- ting, pursuant to law, the report of the dis- law, the report of a rule entitled ‘‘Changes in lated to the Use of Additional Ameliorating continuation of service in acting role for the Flood Elevation Determinations’’ (Doc. No. Material in Certain Wines’’ (RIN1512–AB78) position of Director of Defense Research and FEMA–D–7511) received on August 7, 2001; to received on August 7, 2001; to the Committee Engineering, received on August 7, 2001; to the Committee on Banking, Housing, and on Finance. the Committee on Armed Services. Urban Affairs. EC–3314. A communication from the Chief EC–3326. A communication from the Assist- EC–3304. A communication from the Gen- of the Regulations Division, Bureau of Alco- ant Director for Executive and Political Per- eral Counsel of the Federal Emergency Man- hol, Tobacco and Firearms, Department of sonnel, Department of Defense, transmit- agement Agency, transmitting, pursuant to the Treasury, transmitting, pursuant to law, ting, pursuant to law, the report of the dis- law, the report of a rule entitled ‘‘Final the report of a rule entitled ‘‘Liquors and Ar- continuation of service in acting role for the Flood Elevation Determinations’’ (66 FR ticles From Puerto Rico and the Virgin Is- position of Assistant Secretary for Inter- 39112) received on August 7, 2001; to the Com- lands; Recodification of Regulations’’ national Security Affairs, received on Au- mittee on Banking, Housing, and Urban Af- (RIN1512–AC40) received on August 7, 2001; to gust 7, 2001; to the Committee on Armed fairs. the Committee on Finance. Services. EC–3305. A communication from the Acting EC–3315. A communication from the Sec- EC–3327. A communication from the Alter- Chairman of the Securities and Exchange retary of Health and Human Services, trans- nate Liaison Officer, Office of the Secretary, Commission, transmitting, pursuant to law, mitting, pursuant to law, a report on the Department of Defense, transmitting, pursu- the Annual Report of the Securities Investor Medicare Ambulance Service Demonstration; ant to law, the report of a rule entitled Protection Corporation for Fiscal Year 2000; to the Committee on Finance. ‘‘Transactions Other Than Contracts, to the Committee on Banking, Housing, and EC–3316. A communication from the Chief Grants, or Cooperative Agreements for Pro- Urban Affairs. of the Regulations Unit, Internal Revenue totype Projects’’ (RIN0790–AG79) received on EC–3306. A communication from the Gen- Service, Department of the Treasury, trans- August 13, 2001; to the Committee on Armed eral Counsel of the Federal Emergency Man- mitting, pursuant to law, the report of a rule Services. agement Agency, transmitting, pursuant to entitled ‘‘July-September 2001 Bond Factor EC–3328. A communication from the Alter- law, the report of a rule entitled ‘‘Changes in Amounts’’ (Rev. Rul. 2001–37) received on Au- nate Liaison Officer, Office of the Secretary, Flood Elevation Determinations’’ (66 FR gust 8, 2001; to the Committee on Finance. Department of Defense, transmitting, pursu- 39108) received on August 7, 2001; to the Com- EC–3317. A communication from the Chief ant to law, the report of a rule entitled ‘‘Ci- mittee on Banking, Housing, and Urban Af- of the Regulations Unit, Internal Revenue vilian Health and Medical Program of the fairs. Service, Department of the Treasury, trans- Uniformed Services (CHAMPUS); TRICARE EC–3307. A communication from the Assist- mitting, pursuant to law, the report of a rule Prime Enrollment’’ (RIN0720–AA59) received ant Secretary for Export Administration, entitled ‘‘Bureau of Labor Statistics Price on August 13, 2001; to the Committee on Bureau of Export Administration, Depart- Indexes for Department Stores—June 2001’’ Armed Services. ment of Commerce, transmitting, pursuant (Rev. Rul. 2001–41) received on August 8, 2001; EC–3329. A communication from the Alter- to law, the report of a rule entitled ‘‘Revi- to the Committee on Finance. nate Liaison Officer, Office of the Secretary, sions to the Export Administration Regula- EC–3318. A communication from the Chief Department of Defense, transmitting, pursu- tions; Country Group E:1; License Exception of the Regulations Unit, Internal Revenue ant to law, the report of a rule entitled TMP’’ (RIN0694–AB76) received on August 10, Service, Department of the Treasury, trans- ‘‘TRICARE; Civilian Health and Medical Pro- 2001; to the Committee on Banking, Housing, mitting, pursuant to law, the report of a rule gram of the Uniformed Services and Urban Affairs. entitled ‘‘Future of Employee Plans Deter- (CHAMPUS); Nonavailability Statement Re- EC–3308. A communication from the Spe- mination Letter Program’’ (Ann. 2001–83) re- quirement for Maternity Care’’ (RIN0720– cial Assistant to the Federal Reserve Board, ceived on August 9, 2001; to the Committee AA55) received on August 13, 2001; to the transmitting, pursuant to law, the report of on Finance. Committee on Armed Services.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16318 CONGRESSIONAL RECORD—SENATE September 4, 2001 EC–3330. A communication from the Alter- EC–3339. A communication from the Assist- ticles or services sold commercially under nate Liaison Officer, Office of the Secretary, ant Secretary of Legislative Affairs, Depart- contract in the amount of $50,000,000 or more Department of Defense, transmitting, pursu- ment of State, transmitting, pursuant to the to Greece; to the Committee on Foreign Re- ant to law, the report of a rule entitled ‘‘Ci- Arms Export Control Act, the report of a lations. vilian Health and Medical Program of the proposed Manufacturing License with Can- EC–3350. A communication from the Assist- Uniformed Services (CHAMPUS); Expansion ada; to the Committee on Foreign Relations. ant Secretary of Legislative Affairs, Depart- of Dependent Eligibility for TRICARE Re- EC–3340. A communication from the Assist- ment of State, transmitting, pursuant to the tiree Dental Program’’ (0720–AA54) received ant Secretary of Legislative Affairs, Depart- Arms Export Control Act, the report of a on August 13, 2001; to the Committee on ment of State, transmitting, pursuant to the proposed license for the export of defense ar- Armed Services. Arms Export Control Act, the report of a ticles or services sold commercially under EC–3331. A communication from the Alter- proposed license for the export of defense ar- contract in the amount of $50,000,000 or more nate Liaison Officer, Office of the Secretary, ticles or services sold commercially under to Kazakhstan; to the Committee on Foreign Department of Defense, transmitting, pursu- contract in the amount of $50,000,000 or more Relations. ant to law, the report of a rule entitled ‘‘Ci- to Canada; to the Committee on Foreign Re- EC–3351. A communication from the Assist- vilian Health and Medical Program of the lations. ant Secretary of Legislative Affairs, Depart- Uniformed Services (CHAMPUS); Enhance- EC–3341. A communication from the Assist- ment of State, transmitting, pursuant to the ment of Dental Benefits Under the TRICARE ant Secretary of Legislative Affairs, Depart- Arms Export Control Act, the report of a Retiree Dental Program’’ (RIN0720–AA61) re- ment of State, transmitting, pursuant to the proposed license for the export of defense ar- ceived on August 13, 2001; to the Committee Arms Export Control Act, the report of a ticles or services sold commercially under on Armed Services. proposed license for the export of defense ar- contract in the amount of $50,000,000 or more EC–3332. A communication from the Alter- ticles or services sold commercially under to Baikonur, Kazakhstan and Moscow, Rus- nate Liaison Officer, Office of the Secretary, contract in the amount of $50,000,000 or more sia; to the Committee on Foreign Relations. Department of Defense, transmitting, pursu- to Guiana; to the Committee on Foreign Re- EC–3352. A communication from the Assist- ant to law, the report of a rule entitled ‘‘Ci- lations. ant Secretary of Legislative Affairs, Depart- vilian Health and Medical Program of the EC–3342. A communication from the Assist- ment of State, transmitting, pursuant to the Uniformed Services (CHAMPUS); Prosthetic ant Secretary of Legislative Affairs, Depart- Arms Export Control Act, the report of a Devices’’ (RIN0720–AA49) received on August ment of State, transmitting, pursuant to the proposed license for the export of defense ar- 13, 2001; to the Committee on Armed Serv- Arms Export Control Act, the report of a ticles or services sold commercially under ices. proposed license for the export of defense ar- contract in the amount of $50,000,000 or more EC–3333. A communication from the Alter- ticles or services sold commercially under to Baikonur, Kazakhstan and Korou, French nate Liaison Officer, Office of the Secretary, contract in the amount of $50,000,000 or more Guiana; to the Committee on Foreign Rela- Department of Defense, transmitting, pursu- to Israel; to the Committee on Foreign Rela- tions. ant to law, the report of a rule entitled tions. EC–3353. A communication from the Assist- ‘‘Compensation of Certain Former EC–3343. A communication from the Assist- ant Secretary of Legislative Affairs, Depart- Operatives Incarcerated by the Democratic ant Secretary of Legislative Affairs, Depart- ment of State, transmitting, pursuant to Republic of Vietnam’’ (RIN0790–AG67) re- ment of State, transmitting, pursuant to the law, the report of the intent to obligate ceived on August 13, 2001; to the Committee Arms Export Control Act, the report of a funds for purposes of Nonproliferation and on Armed Services. proposed Manufacturing License with Japan; Disarmament Funds activities; to the Com- EC–3334. A communication from the Alter- to the Committee on Foreign Relations. mittee on Foreign Relations. nate Liaison Officer, Office of the Secretary, EC–3344. A communication from the Assist- EC–3354. A communication from the Assist- Department of Defense, transmitting, pursu- ant Secretary of Legislative Affairs, Depart- ant Secretary of Legislative Affairs, Depart- ant to law, the report of a rule entitled ment of State, transmitting, pursuant to the ment of State, transmitting, pursuant to the ‘‘TRICARE; Civilian Health and Medical Pro- Arms Export Control Act, the report of a Arms Export Control Act, the report of For- gram of the Uniformed Services proposed Manufacturing License with the eign Military Financing with Egypt; to the (CHAMPUS); Bonus Payments in Medically United Kingdom; to the Committee on For- Committee on Foreign Relations. Underserved Areas’’ (RIN0720–AA60) received eign Relations. EC–3355. A communication from the Assist- on August 13, 2001; to the Committee on EC–3345. A communication from the Assist- ant Legal Advisor for Treaty Affairs, Depart- Armed Services. ant Secretary of Legislative Affairs, Depart- ment of State, transmitting, pursuant to EC–3335. A communication from the Assist- ment of State, transmitting, pursuant to the law, the report of the texts and background ant Secretary of Legislative Affairs, Depart- Arms Export Control Act, the report of a statements or international agreements, ment of State, transmitting, pursuant to the proposed license for the export of defense ar- other than treaties; to the Committee on Arms Export Control Act, the report of a ticles or services sold commercially under Foreign Relations. certification of a proposed license for the ex- contract in the amount of $50,000,000 or more EC–3356. A communication from the Con- port of major defense equipment sold under to the Netherlands; to the Committee on gressional Review Coordinator, Animal and contract in the amount of $14,000,000 or more Foreign Relations. Plant Health Inspection Service, Department to Austria; to the Committee on Foreign Re- EC–3346. A communication from the Assist- of Agriculture, transmitting, pursuant to lations. ant Secretary of Legislative Affairs, Depart- law, the report of a rule entitled ‘‘Veterinary EC–3336. A communication from the Assist- ment of State, transmitting, pursuant to the Services User Fees; Fees for Permit Applica- ant Secretary of Legislative Affairs, Depart- Arms Export Control Act, the report of a tions’’ (Doc. No. 99–060–2) received on August ment of State, transmitting, pursuant to the proposed Manufacturing License with Japan; 7, 2001; to the Committee on Agriculture, Nu- Arms Export Control Act, the report of a to the Committee on Foreign Relations. trition, and Forestry. proposed license for the export of defense ar- EC–3347. A communication from the Assist- EC–3357. A communication from the Con- ticles or services sold commercially under ant Secretary of Legislative Affairs, Depart- gressional Review Coordinator, Animal and contract in the amount of $50,000,000 or more ment of State, transmitting, pursuant to the Plant Health Inspection Service, Department to the United Kingdom and Saudi Arabia; to Arms Export Control Act, the report of a of Agriculture, transmitting, pursuant to the Committee on Foreign Relations. proposed license for the export of defense ar- law, the report of a rule entitled ‘‘Asian EC–3337. A communication from the Assist- ticles or services sold commercially under Longhorned Beetle; Additions to Quar- ant Secretary of Legislative Affairs, Depart- contract in the amount of $50,000,000 or more antined Areas’’ (Doc. No. 00–077–2) received ment of State, transmitting, pursuant to the to Japan; to the Committee on Foreign Rela- on August 7, 2001; to the Committee on Agri- Arms Export Control Act, the report of a tions. culture, Nutrition, and Forestry. proposed license for the export of defense ar- EC–3348. A communication from the Assist- EC–3358. A communication from the Prin- ticles or services sold commercially under ant Secretary of Legislative Affairs, Depart- cipal Deputy Associate Administrator of the contract in the amount of $50,000,000 or more ment of State, transmitting, pursuant to the Environmental Protection Agency, transmit- to Belgium; to the Committee on Foreign Arms Export Control Act, the report of a ting, pursuant to law, the report of a rule en- Relations. proposed license for the export of defense ar- titled ‘‘Ethalfuralin; Pesticide Tolerances EC–3338. A communication from the Assist- ticles or services sold commercially under for Emergency Exemptions’’ (FRL6793–2) re- ant Secretary of Legislative Affairs, Depart- contract in the amount of $50,000,000 or more ceived on August 8, 2001; to the Committee ment of State, transmitting, pursuant to the to Italy; to the Committee on Foreign Rela- on Agriculture, Nutrition, and Forestry. Arms Export Control Act, the report of a tions. EC–3359. A communication from the Con- proposed license for the export of defense ar- EC–3349. A communication from the Assist- gressional Review Coordinator, Animal and ticles or services sold commercially under ant Secretary of Legislative Affairs, Depart- Plant Health Inspection Service, Department contract in the amount of $50,000,000 or more ment of State, transmitting, pursuant to the of Agriculture, transmitting, pursuant to to Italy; to the Committee on Foreign Rela- Arms Export Control Act, the report of a law, the report of a rule entitled ‘‘Importa- tions. proposed license for the export of defense ar- tion Prohibitions Because of Bovine

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16319 Spongiform Encephalopathy’’ (Doc. No. 00– Environmental Protection Agency, transmit- Which Construction is Commenced After 121–1) received on August 10, 2001; to the ting, pursuant to law, a report entitled ‘‘So- September 18, 1978; and Standards of Per- Committee on Agriculture, Nutrition, and licitation of Applications for Lead Based formance for Industrial-Commercial-Institu- Forestry. Paint Program Grants; Notice of Avail- tional Steam Generating Units’’ (FRL7033–8) EC–3360. A communication from the Prin- ability’’; to the Committee on Environment received on August 14, 2001; to the Com- cipal Deputy Associate Administrator of the and Public Works. mittee on Environment and Public Works. Environmental Protection Agency, transmit- EC–3370. A communication from the Prin- EC–3379. A communication from the Prin- ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the titled ‘‘2-Propenoic Acid, Polymer with 2- Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Propenamide, Sodium Salt; Tolerance Ex- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- emption’’ (FRL6794–7) received on August 14, titled ‘‘Approval and Promulgation of Air titled ‘‘Guidelines for Direct Implementation 2001; to the Committee on Agriculture, Nu- Quality Implementation Plans; Montana’’ Tribal Cooperative Agreements (DITCAs) for trition, and Forestry. (FRL7026–3) received on August 8, 2001; to the Fiscal Year 2001’’ received on August 14, 2001; EC–3361. A communication from the Prin- Committee on Environment and Public to the Committee on Environment and Pub- cipal Deputy Associate Administrator of the Works. lic Works. EC–3380. A communication from the Prin- Environmental Protection Agency, transmit- EC–3371. A communication from the Prin- cipal Deputy Associate Administrator of the ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator of the Environmental Protection Agency, transmit- titled ‘‘2-Propenoic Acid, Sodium Salt, Poly- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- mer with 2-Propenamide; Tolerance Exemp- ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of State tion’’ (FRL6794–8) received on August 14, titled ‘‘Final Authorization of State Haz- Implementation Plans; Wisconsin’’ 2001; to the Committee on Agriculture, Nu- ardous Waste Management Program Revi- (FRL7029–3) received on August 14, 2001; to trition, and Forestry. sion’’ (FRL7029–1) received on August 8, 2001; the Committee on Environment and Public EC–3362. A communication from the Prin- to the Committee on Environment and Pub- Works. cipal Deputy Associate Administrator of the lic Works. EC–3381. A communication from the Spe- Environmental Protection Agency, transmit- EC–3372. A communication from the Prin- cial Assistant to the Bureau Chief, Mass ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator of the Media Bureau, Federal Communications titled ‘‘B–D Glucuronidase from E.Coli and Environmental Protection Agency, transmit- Commission, transmitting, pursuant to law, Genetic Material Necessary for its Produc- ting, pursuant to law, the report of a rule en- the report of a rule entitled ‘‘Amendment of tion Plant Pesticide Inert Ingredient; Ex- titled ‘‘Hazardous Waste Management Sys- Section 73.202(b), Table of Allotments, FM emption from the Requirement of a Toler- tem; Identification and Listing of Hazardous Broadcast Stations (Bordelonville, LA)’’ ance’’ (FRL6782–8) received on August 14, Waste; Final Exclusion’’ (FRL7025–8) re- (Doc. No. 01–68) received on August 7, 2001; to 2001; to the Committee on Agriculture, Nu- ceived on August 8, 2001; to the Committee the Committee on Commerce, Science, and trition, and Forestry. on Environment and Public Works. Transportation. EC–3363. A communication from the Prin- EC–3373. A communication from the Prin- EC–3382. A communication from the Senior cipal Deputy Associate Administrator of the cipal Deputy Associate Administrator of the Legal Advisor to the Bureau Chief, Mass Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Media Bureau, Federal Communications ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Commission, transmitting, pursuant to law, titled ‘‘Bifenazate; Pesticide Tolerances for titled ‘‘OMB Approvals Under the Paperwork the report of a rule entitled ‘‘Amendment of Emergency Exemptions’’ (FRL6793–3) re- Reduction Act; Technical Amendment’’ Section 73.202(b), Table of Allotments, FM ceived on August 14, 2001; to the Committee (FRL7028–2) received on August 8, 2001; to the Broadcast Stations (Alamo Community, New on Agriculture, Nutrition, and Forestry. Committee on Environment and Public Mexico)’’ (Doc. No. 00–158) received on Au- EC–3364. A communication from the Prin- Works. gust 7, 2001; to the Committee on Commerce, cipal Deputy Associate Administrator of the EC–3374. A communication from the Prin- Science, and Transportation. Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the EC–3383. A communication from the Senior ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Legal Advisor to the Bureau Chief, Mass titled ‘‘Revocation of Unlimited Tolerance ting, pursuant to law, the report of a rule en- Media Bureau, Federal Communications Exemptions’’ (FRL6793–5) received on August titled ‘‘Partial Removal of Direct Final Rule Commission, transmitting, pursuant to law, 14, 2001; to the Committee on Agriculture, Revising the Arizona State Implementation the report of a rule entitled ‘‘Amendment of Nutrition, and Forestry. Plan, Maricopa County Environmental Serv- Section 73.202(b), Table of Allotments, FM EC–3365. A communication from the Prin- ice Department’’ (FRL7029–5) received on Au- Broadcast Stations (Browning, Columbia cipal Deputy Associate Administrator of the gust 8, 2001; to the Committee on Environ- Falls and Pablo, Montana)’’ (Doc. No. 99–14) Environmental Protection Agency, transmit- ment and Public Works. received on August 7, 2001; to the Committee ting, pursuant to law, a report entitled ‘‘Im- EC–3375. A communication from the Prin- on Commerce, Science, and Transportation. plementation Guidance for the Stage I Dis- cipal Deputy Associate Administrator of the EC–3384. A communication from the Senior infectants/Disinfection By Product Rule’’; to Environmental Protection Agency, transmit- Legal Advisor to the Bureau Chief, Mass the Committee on Environment and Public ting, pursuant to law, the report of a rule en- Media Bureau, Federal Communications Works. titled ‘‘Revision to the California State Im- Commission, transmitting, pursuant to law, EC–3366. A communication from the Prin- plementation Plan, Kern County Air Pollu- the report of a rule entitled ‘‘Amendment of cipal Deputy Associate Administrator of the tion Control District and Imperial County Section 73.202(b), Table of Allotments, FM Environmental Protection Agency, transmit- Air Pollution Control District’’ (FRL7022–5) Broadcast Stations (Burnet, Texas)’’ (Doc. ting, pursuant to law, a report entitled ‘‘Im- received on August 8, 2001; to the Committee No. 99–358) received on August 7, 2001 ; to the Committee on Commerce, Science, and plementation Guidance for the Interim En- on Environment and Public Works. Transportation. hanced Surface Water Treatment Rule’’; to EC–3376. A communication from the Prin- EC–3385. A communication from the Senior the Committee on Environment and Public cipal Deputy Associate Administrator of the Transportation Analyst of the Federal Avia- Works. Environmental Protection Agency, transmit- tion Administration, Department of Trans- EC–3367. A communication from the Prin- ting, pursuant to law, a report entitled ‘‘No- portation, transmitting, pursuant to law, the cipal Deputy Associate Administrator of the tice of Availability: Final Guidance: Coordi- report of a rule entitled ‘‘Antidrug and Alco- Environmental Protection Agency, transmit- nating CSO Long-Term Planning with Water hol Misuse Prevention Programs for Per- ting, pursuant to law, a report entitled Quality Standards Reviews’’; to the Com- sonnel Engaged in Specified Aviation Activi- ‘‘Lead Awareness (Educational) Outreach for mittee on Environment and Public Works. ties’’ (RIN2120–AH15) received on August 7, Native American Tribes; Notice of Funds EC–3377. A communication from the Prin- 2001; to the Committee on Commerce, Availability’’; to the Committee on Environ- cipal Deputy Associate Administrator of the Science, and Transportation. ment and Public Works. Environmental Protection Agency, transmit- EC–3386. A communication from the Acting EC–3368. A communication from the Prin- ting, pursuant to law, a report entitled Administrator and Deputy Under Secretary cipal Deputy Associate Administrator of the ‘‘Guidance: Coordinating CSO Long-Term for Oceans and Atmosphere, Department of Environmental Protection Agency, transmit- Planning with Water Quality Standards Re- Commerce, transmitting, pursuant to law, ting, pursuant to law, a report entitled views’’; to the Committee on Environment the Annual Report of the Coastal Zone Man- ‘‘Baseline Assessment of Existing Exposure and Public Works. agement Fund for the National Oceanic and and Risks Exposure to Lead Poisoning of Na- EC–3378. A communication from the Prin- Atmospheric Administration for Fiscal Year tive American Children; Notice of Avail- cipal Deputy Associate Administrator of the 2000; to the Committee on Commerce, ability’’; to the Committee on Environment Environmental Protection Agency, transmit- Science, and Transportation. and Public Works. ting, pursuant to law, the report of a rule en- EC–3387. A communication from the Acting EC–3369. A communication from the Prin- titled ‘‘Standards of Performance for Elec- Assistant Administrator for Fisheries, Na- cipal Deputy Associate Administrator of the tric Utility Steam Generating Units for tional Marine Fisheries Service, Department

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16320 CONGRESSIONAL RECORD—SENATE September 4, 2001 of Commerce, transmitting, pursuant to law, to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives: the report of a rule entitled ‘‘Fisheries Off and Transportation. Airbus Model A330 and A340 Series Air- West Coast States and in the Western Pa- EC–3397. A communication from the Pro- planes’’ ((RIN2120–AA64)(2001–0416)) received cific; Coastal Pelagic Species Fisheries; An- gram Analyst of the Federal Aviation Ad- on August 14, 2001; to the Committee on nual Specifications; Pacific Mackerel Fish- ministration, Department of Transportation, Commerce, Science, and Transportation. ery’’ (RIN0648–AP01) received on August 7, transmitting, pursuant to law, the report of EC–3406. A communication from the Pro- 2001; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- Science, and Transportation. Airbus Model A319, A320, and A321 Series Air- ministration, Department of Transportation, EC–3388. A communication from the Asso- planes’’ ((RIN2120–AA64)(2001–0404)) received transmitting, pursuant to law, the report of ciate Administrator for Procurement, Na- on August 14, 2001; to the Committee on a rule entitled ‘‘Airworthiness Directives: tional Aeronautics and Space Administra- Commerce, Science, and Transportation. Airbus Model A300 B2, A300 B4, A310, A319, tion, transmitting, pursuant to law, the re- EC–3398. A communication from the Pro- A320, A321, A330, and A340 Series Airplanes; port of a rule entitled ‘‘Investigations of gram Analyst of the Federal Aviation Ad- and Model A300 B4–600, A300 B4–600R, and Suspected Forced or Indentured Child ministration, Department of Transportation, A300 F4–600R Series Airplanes’’ ((RIN2120– Labor’’ (48 CFR 1822) received on August 7, transmitting, pursuant to law, the report of AA64)(2001–0414)) received on August 14, 2001; 2001; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: to the Committee on Commerce, Science, Science, and Transportation. Aerospatiale Model ATR 42–200, 300, 320, and and Transportation. EC–3389. A communication from the Asso- 500 Series Airplanes and Model ATR72 Series EC–3407. A communication from the Pro- ciate Administrator for Procurement, Na- Airplanes’’ ((RIN2120–AA64)(2001–0403)) re- gram Analyst of the Federal Aviation Ad- tional Aeronautics and Space Administra- ceived on August 14, 2001; to the Committee ministration, Department of Transportation, tion, transmitting, pursuant to law, the re- on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of port of a rule entitled ‘‘Property Reporting EC–3399. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Requirements’’ (48 CFR Parts 1845 and 1852) gram Analyst of the Federal Aviation Ad- Airbus Model A300 B2, A300 B4, A300 B4–600, received on August 7, 2001; to the Committee ministration, Department of Transportation, BR–600R, and F4–600 R; A310, A319, A320, on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of A321, A330, and A340 Series Airplanes’’ EC–3390. A communication from the Sec- a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA64)(2001–0413)) received on Au- retary of Commerce, transmitting, pursuant Aerospatiale Model ATR 72–101, 201, 102, 202, gust 14, 2001; to the Committee on Com- to law, a report relative to Grant-In-Aid for 211, and 212 Series Airplanes’’ ((RIN2120– merce, Science, and Transportation. Fisheries Program Report for calendar year AA64)(2001–0386)) received on August 14, 2001; EC–3408. A communication from the Pro- 1999; to the Committee on Commerce, to the Committee on Commerce, Science, gram Analyst of the Federal Aviation Ad- Science, and Transportation. and Transportation. ministration, Department of Transportation, EC–3391. A communication from the Acting EC–3400. A communication from the Pro- transmitting, pursuant to law, the report of Chairman of the National Transportation gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: Safety Board, transmitting, pursuant to law, ministration, Department of Transportation, Raytheon Model Hawker 800XP Series Air- the Annual Reports for 1998 and 1999; to the transmitting, pursuant to law, the report of planes and Model Hawker 800 Airplanes’’ Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA64)(2001–0425)) received on Au- Transportation. Boeing Model 767–200, 300 and 300F Series gust 14, 2001; to the Committee on Com- EC–3392. A communication from the Acting Airplanes’’ ((RIN2120–AA64)(2001–0412)) re- merce, Science, and Transportation. Director of the Office of Sustainable Fish- ceived on August 14, 2001; to the Committee EC–3409. A communication from the Pro- eries, National Marine Fisheries Service, De- on Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- partment of Commerce, transmitting, pursu- EC–3401. A communication from the Pro- ministration, Department of Transportation, ant to law, the report of a rule entitled gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of ‘‘Fisheries of the Exclusive Economic Zone ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: Off Alaska—Closes Shallow-Water Species transmitting, pursuant to law, the report of BAe Systems Limited Model Avro 146RJ Se- Fishery Using Trawl Gear, Gulf of Alaska’’ a rule entitled ‘‘Airworthiness Directives: ries Airplanes’’ ((RIN2120–AA64)(2001–0424)) received on August 13, 2001; to the Com- Airbus Model A319, A320, and A321 Series Air- received on August 14, 2001; to the Com- mittee on Commerce, Science, and Transpor- planes’’ ((RIN2120–AA64)(2001–0411)) received mittee on Commerce, Science, and Transpor- tation. on August 14, 2001; to the Committee on tation. EC–3393. A communication from the Acting Commerce, Science, and Transportation. EC–3410. A communication from the Pro- Director of the Office of Sustainable Fish- EC–3402. A communication from the Pro- gram Analyst of the Federal Aviation Ad- eries, National Marine Fisheries Service, De- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, partment of Commerce, transmitting, pursu- ministration, Department of Transportation, transmitting, pursuant to law, the report of ant to law, the report of a rule entitled ‘‘Clo- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: sure of the Atlantic Deep-Sea Red Crab Fish- a rule entitled ‘‘Airworthiness Directives: BAe Systems Limited Model BAe 146 and ery in the Exclusive Economic Zone’’ Boeing Model 747 Series Airplanes Powered Model Avro 146 RJ Series Airplanes’’ (RIN0648–AP10) received on August 13, 2001; by Pratt and Whitney JT9D–7 Series En- ((RIN2120–AA64)(2001–0423)) received on Au- to the Committee on Commerce, Science, gines’’ ((RIN2120–A64)(2001–0410)) received on gust 14, 2001; to the Committee on Com- and Transportation. August 14, 2001; to the Committee on Com- merce, Science, and Transportation. EC–3394. A communication from the Pro- merce, Science, and Transportation. EC–3411. A communication from the Pro- gram Analyst of the Federal Aviation Ad- EC–3403. A communication from the Pro- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, transmitting, pursuant to law, the report of ministration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing Model 767 Series Airplanes’’ a rule entitled ‘‘Airworthiness Directives: Bombardier Model DHC 8 311 and 315 Series ((RIN2120–AA64)(2001–0407)) received on Au- Israel Aircraft Industries, Ltd., Model Astra Airplanes’’ ((RIN2120–AA64)(2001–0422)) re- gust 14, 2001; to the Committee on Com- SPX Series Airplanes, Request for Com- ceived on August 14, 2001; to the Committee merce, Science, and Transportation. ments’’ ((RIN2120–AA64)(2001–0418)) received on Commerce, Science, and Transportation. EC–3395. A communication from the Pro- on August 14, 2001; to the Committee on EC–3412. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, EC–3404. A communication from the Pro- ministration, Department of Transportation, transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: Boeing Model 747 Series Airplanes’’ transmitting, pursuant to law, the report of Airbus Model A330–301, 321, 322, 341, and 342 ((RIN2120–AA64)(2001–0406)) received on Au- a rule entitled ‘‘Airworthiness Directives: Series Airplanes; and Model A340 Series Air- gust 14, 2001; to the Committee on Com- Airbus Model A330–301, 321, 322, 341, and 342 planes’’ ((RIN2120–AA64)(2001–0421)) received merce, Science, and Transportation. Series Airplanes and Airbus Model A340 Se- on August 14, 2001; to the Committee on EC–3396. A communication from the Pro- ries Airplanes, Request for Comments’’ Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- ((RIN2120–AA64)(2001–0417)) received on Au- EC–3413. A communication from the Pro- ministration, Department of Transportation, gust 14, 2001; to the Committee on Com- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of merce, Science, and Transportation. ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: EC–3405. A communication from the Pro- transmitting, pursuant to law, the report of Boeing Model 727, 737, 757–200, 757–200CB and gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: 757–300 Series Airplanes’’ ((RIN2120– ministration, Department of Transportation, Fokker Model F27 Mark 050 Series Air- AA64)(2001–0405)) received on August 14, 2001; transmitting, pursuant to law, the report of planes’’ ((RIN2120–AA64)(2001–0420)) received

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16321 on August 14, 2001; to the Committee on ministration, Department of Transportation, ministration, Department of Transportation, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–3414. A communication from the Pro- a rule entitled ‘‘Establish Class E Airspace; a rule entitled ‘‘Standard Instrument Ap- gram Analyst of the Federal Aviation Ad- Kane, PA’’ ((RIN2120–AA66)(2001–0128)) re- proach Procedures; Miscellaneous Amend- ministration, Department of Transportation, ceived on August 14, 2001; to the Committee ments (16); Amdt. No. 2064’’ ((RIN2120– transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. AA65)(2001–0044)) received on August 14, 2001; a rule entitled ‘‘Airworthiness Directives: EC–3423. A communication from the Pro- to the Committee on Commerce, Science, Boeing Model 767–200, 300, 300F and 400ER Se- gram Analyst of the Federal Aviation Ad- and Transportation. ries Airplanes Equipped with GE Model CF6 ministration, Department of Transportation, EC–3432. A communication from the Pro- 80C2 Series Engines’’ ((RIN2120–AA64)(2001– transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- 0419)) received on August 14, 2001; to the a rule entitled ‘‘Establish Class E Airspace; ministration, Department of Transportation, Committee on Commerce, Science, and Greensburg, PA’’ ((RIN2120–AA66)(2001–0127)) transmitting, pursuant to law, the report of Transportation. received on August 14, 2001; to the Com- a rule entitled ‘‘Airworthiness Directives: EC–3415. A communication from the Pro- mittee on Commerce, Science, and Transpor- Pratt and Whitney PW4000 Series Turbofan gram Analyst of the Federal Aviation Ad- tation. Engines; request for comments’’ ((RIN2120– ministration, Department of Transportation, EC–3424. A communication from the Pro- AA64)(2001–0409)) received on August 14, 2001; transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, and Transportation. BAe Systems Limited Model Avro 146RJ Se- transmitting, pursuant to law, the report of EC–3433. A communication from the Pro- ries Airplanes’’ ((RIN2120–AA64)(2001–0431)) a rule entitled ‘‘Amendment of Class D and gram Analyst of the Federal Aviation Ad- received on August 14, 2001; to the Com- Class E2 and E4 Airspace; Gainesville, FL’’ ministration, Department of Transportation, mittee on Commerce, Science, and Transpor- ((RIN2120–AA66)(2001–0126)) received on Au- transmitting, pursuant to law, the report of tation. gust 14, 2001; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives: EC–3416. A communication from the Pro- merce, Science, and Transportation. Airbus Model A310 Series Airplanes’’ gram Analyst of the Federal Aviation Ad- EC–3425. A communication from the Pro- ((RIN2120–AA64)(2001–0408)) received on Au- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- gust 14, 2001; to the Committee on Com- transmitting, pursuant to law, the report of ministration, Department of Transportation, merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of EC–3434. A communication from the Pro- Boeing Model 747–100, 200B, 200F, 200C, 100B, a rule entitled ‘‘Amendment of Class D and gram Analyst of the Federal Aviation Ad- 300, 100B, 100B SUD, 400, 400D, 400F and 747R Class E2 Airspace; Augusta, GA’’ ((RIN2120– ministration, Department of Transportation, Series Airplanes’’ ((RIN2120–AA64)(2001–0430)) AA66)(2001–0125)) received on August 14, 2001; transmitting, pursuant to law, the report of received on August 14, 2001; to the Com- to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives: mittee on Commerce, Science, and Transpor- and Transportation. Boeing Model 747–100, 200, 300, and 747SR Se- tation. EC–3426. A communication from the Pro- ries Airplanes Powered by GE CF6–45/50 and EC–3417. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Pratt and Whitney JT9D Series Engines’’ gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ((RIN2120–AA64)(2001–0377)) received on Au- ministration, Department of Transportation, transmitting, pursuant to law, the report of gust 14, 2001; to the Committee on Com- transmitting, pursuant to law, the report of a rule entitled ‘‘Establishment of Class E merce, Science, and Transportation. a rule entitled ‘‘Revision of Class E Airspace; Airspace at Van Nuys Airport; Van Nuys, EC–3435. A communication from the Pro- Salmon, ID’’ ((RIN2120–AA66)(2001–0129)) re- CA; direct final rule, request for comments’’ gram Analyst of the Federal Aviation Ad- ceived on August 14, 2001; to the Committee ((RIN2120–AA66)(2001–0124)) received on Au- ministration, Department of Transportation, on Commerce, Science, and Transportation. gust 14, 2001; to the Committee on Com- transmitting, pursuant to law, the report of EC–3418. A communication from the Pro- merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- EC–3427. A communication from the Pro- Empresa Brasileria de Aeronautica SA Model ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- EMB 135 and 145 Series Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of ministration, Department of Transportation, AA64)(2001–0376)) received on August 14, 2001; a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of to the Committee on Commerce, Science, Fokker Model F27 Mark 050 Series Airplanes a rule entitled ‘‘Establishment of Class E and Transportation. Equipped with Pratt and Whitney Canada Airspace; Clinton, AR; direct final rule; re- EC–3436. A communication from the Pro- Model PW127B Engines’’ ((RIN2120– quest for comments’’ ((RIN2120–AA66)(2001– gram Analyst of the Federal Aviation Ad- AA64)(2001–0429)) received on August 14, 2001; 0132)) received on August 14, 2001; to the ministration, Department of Transportation, to the Committee on Commerce, Science, Committee on Commerce, Science, and transmitting, pursuant to law, the report of and Transportation. Transportation. a rule entitled ‘‘Airworthiness Directives: EC–3419. A communication from the Pro- EC–3428. A communication from the Pro- McDonnell Douglas Model DC 9 81, 82, 83, and gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- 87 Series Airplanes, and Model MD 88 Air- ministration, Department of Transportation, ministration, Department of Transportation, planes’’ ((RIN2120–AA64)(2001–0375)) received transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of on August 14, 2001; to the Committee on a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Standard Instrument Ap- Commerce, Science, and Transportation. Airbus Model A300 B2 and B4; A310 and A300 proach Procedures; Miscellaneous Amend- EC–3437. A communication from the Pro- B4–600R, and F4–600R Series Airplanes’’ ments (105); Amdt. No. 2059’’ ((RIN2120– gram Analyst of the Federal Aviation Ad- ((RIN2120–AA64)(2001–0428)) received on Au- AA65)(2001–0046)) received on August 14, 2001; ministration, Department of Transportation, gust 14, 2001; to the Committee on Com- to the Committee on Commerce, Science, transmitting, pursuant to law, the report of merce, Science, and Transportation. and Transportation. a rule entitled ‘‘Airworthiness Directives: EC–3420. A communication from the Pro- EC–3429. A communication from the Pro- Britax Sell Gmbh and Co. OHG Water Boil- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- ers, Coffee Makers, and Beverage Makers’’ ministration, Department of Transportation, ministration, Department of Transportation, ((RIN2120–A64)(2001–0374)) received on August transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of 14, 2001; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives a rule entitled ‘‘Standard Instrument Ap- Science, and Transportation. BAe Systems Limited Model BAe 146 and proach Procedures; Miscellaneous Amend- EC–3438. A communication from the Pro- Avro 146RJ Series Airplanes’’ ((RIN2120– ments (33); Amdt. No. 2060’’ ((RIN2120– gram Analyst of the Federal Aviation Ad- AA64)(2001–0427)) received on August 14, 2001; AA65)(2001–0045)) received on August 14, 2001; ministration, Department of Transportation, to the Committee on Commerce, Science, to the Committee on Commerce, Science, transmitting, pursuant to law, the report of and Transportation. and Transportation. a rule entitled ‘‘Modification of Class E Air- EC–3421. A communication from the Pro- EC–3430. A communication from the Pro- space; Jamestown, NY’’ ((RIN2120– gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- AA66)(2001–0122)) received on August 14, 2001; ministration, Department of Transportation, ministration, Department of Transportation, to the Committee on Commerce, Science, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of and Transportation. a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘IFR Altitudes; Miscella- EC–3439. A communication from the Pro- Airbus Model A319, A320, and A321 Series Air- neous Amendments (37); Amdt. No. 430’’ gram Analyst of the Federal Aviation Ad- planes’’ ((RIN2120–AA64)(2001–0426)) received ((RIN2120–AA63)(2001–0005)) received on Au- ministration, Department of Transportation, on August 14, 2001; to the Committee on gust 14, 2001; to the Committee on Com- transmitting, pursuant to law, the report of Commerce, Science, and Transportation. merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: EC–3422. A communication from the Pro- EC–3431. A communication from the Pro- Aerospatiale Model ATR 42–200, 300, 320 Se- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- ries Airplanes’’ ((RIN2120–AA64)(2001–0385))

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16322 CONGRESSIONAL RECORD—SENATE September 4, 2001 received on August 14, 2001; to the Com- McDonnell Douglas Model DC 10–10, 15, 30, a rule entitled ‘‘Airworthiness Directives: mittee on Commerce, Science, and Transpor- and 40 Series Airplanes, and Model MD 19 10F Dornier Model 328–100 Series Airplanes’’ tation. and 30F Series Airplanes’’ ((RIN2120– ((RIN2120–AA64)(2001–0369)) received on Sep- EC–3440. A communication from the Pro- AA64)(2001–0401)) received on September 4, tember 4, 2001; to the Committee on Com- gram Analyst of the Federal Aviation Ad- 2001; to the Committee on Commerce, merce, Science, and Transportation. ministration, Department of Transportation, Science, and Transportation. EC–3457. A communication from the Pro- transmitting, pursuant to law, the report of EC–3449. A communication from the Pro- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, Learjet Model 55 Series Airplanes and Model ministration, Department of Transportation, transmitting, pursuant to law, the report of 60 Airplanes’’ ((RIN2120–AA64)(2001–0380)) re- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: ceived on August 14, 2001; to the Committee a rule entitled ‘‘Airworthiness Directives: Air Tractor Inc. AT 400, AT 500, and AT 800 on Commerce, Science, and Transportation. Aerospatiale Model ATR42–200, 300, 350, and Series Airplanes’’ ((RIN2120–AA64)(2001–0368)) EC–3441. A communication from the Pro- ATR72 Series Airplanes’’ ((RIN2120– received on September 4, 2001; to the Com- gram Analyst of the Federal Aviation Ad- AA64)(2001–0399)) received on September 4, mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, 2001; to the Committee on Commerce, tation. transmitting, pursuant to law, the report of Science, and Transportation. EC–3458. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: EC–3450. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Dornier Model 328–300 Series Airplanes’’ gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ((RIN2120–AA64)(2001–0381)) received on Au- ministration, Department of Transportation, transmitting, pursuant to law, the report of gust 14, 2001; to the Committee on Com- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: McDonnell Douglas Model DC 10–10, 15, 30, EC–3442. A communication from the Pro- Boeing Model 747–100 and 200 Series Air- 30F, and 40 Series Airplanes; and Model MD gram Analyst of the Federal Aviation Ad- planes; Modified by Supplemental Type Cer- 10 10F and MD 10 30F Series’’ ((RIN2120– ministration, Department of Transportation, tificate SA8622SW’’ ((RIN2120–AA64)(2001– AA64)(2001–0367)) received on September 4, transmitting, pursuant to law, the report of 0397)) received on September 4, 2001; to the 2001; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: Committee on Commerce, Science, and Science, and Transportation. General Electric Company CF6–50 Turbofan Transportation. EC–3459. A communication from the Pro- Engines’’ ((RIN2120–AA64)(2001–0382)) re- EC–3451. A communication from the Pro- gram Analyst of the Federal Aviation Ad- ceived on August 14, 2001; to the Committee gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, on Commerce, Science, and Transportation. ministration, Department of Transportation, transmitting, pursuant to law, the report of EC–3443. A communication from the Pro- transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment to Class E Air- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: space; Seneca Falls, NY; correction’’ ministration, Department of Transportation, Boeing Model 767–300 Series Airplanes; Modi- ((RIN2120–AA66)(2001–0120)) received on Sep- transmitting, pursuant to law, the report of fied by Supplemental Type Certificate tember 4, 2001; to the Committee on Com- a rule entitled ‘‘Airworthiness Directives: ST0018SE’’ ((RIN2120–AA64)(2001–0396)) re- merce, Science, and Transportation. EC–3460. A communication from the Pro- Boeing Model 767–300 Series Airplanes’’ ceived on September 4, 2001; to the Com- gram Analyst of the Federal Aviation Ad- ((RIN2120–AA64)(2001–0379)) received on Au- mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, gust 14, 2001; to the Committee on Com- tation. transmitting, pursuant to law, the report of merce, Science, and Transportation. EC–3452. A communication from the Pro- a rule entitled ‘‘Revision of Class E Airspace; EC–3444. A communication from the Pro- gram Analyst of the Federal Aviation Ad- Vernal, UT’’ ((RIN2120–AA66)(2001–0121)) re- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ceived on September 4, 2001; to the Com- ministration, Department of Transportation, transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: tation. a rule entitled ‘‘Airworthiness Directives: McDonnell Douglas Model DC 9 32 Series Air- EC–3461. A communication from the Pro- The New Piper Aircraft Inc. Model PA 46 planes Modified Per Supplemental Type Cer- gram Analyst of the Federal Aviation Ad- 350P, and PA 46 500 TP Airplanes’’ ((RIN2120– tificate SA4371NM’’ ((RIN2120–AA64)(2001– ministration, Department of Transportation, AA64)(2001–0378)) received on August 14, 2001; 0373)) received on September 4, 2001; to the transmitting, pursuant to law, the report of to the Committee on Commerce, Science, Committee on Commerce, Science, and a rule entitled ‘‘Repair Stations; Final Rule and Transportation. Transportation. with Request for Comments and Direct Final EC–3445. A communication from the Pro- EC–3453. A communication from the Pro- Rule with Request for Comments’’ (RIN2120– gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- AC38) received on September 4, 2001; to the ministration, Department of Transportation, ministration, Department of Transportation, Committee on Commerce, Science, and transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Transportation. a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: EC–3462. A communication from the Pro- Boeing Model 747 Series Airplanes Powered Empresa Brasileira de Aeronautica SA Model gram Analyst of the Federal Aviation Ad- by Pratt and Whitney JT9D–3 and –7 Series EMB 135 and 145 Series Airplanes’’ ((RIN2120– ministration, Department of Transportation, Engines’’ ((RIN2120–AA64)(2001–0402)) re- AA64)(2001–0372)) received on September 4, transmitting, pursuant to law, the report of ceived on August 14, 2001; to the Committee 2001; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: on Commerce, Science, and Transportation. Science, and Transportation. McDonnell Douglas Model DC 9 10 and 30 Se- EC–3446. A communication from the Pro- EC–3454. A communication from the Pro- ries Airplanes’’ ((RIN2120–AA64)(2001–0395)) gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- received on September 4, 2001; to the Com- ministration, Department of Transportation, ministration, Department of Transportation, mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of tation. a rule entitled ‘‘Standard Instrument Ap- a rule entitled ‘‘Airworthiness Directives: EC–3463. A communication from the Pro- proach Procedures; Miscellaneous Amend- Aerospatiale Model ATR 42–200, 300 and 500 gram Analyst of the Federal Aviation Ad- ments (31); Amdt. No. 2062’’ ((RIN2120– Series Airplanes; and Model ATR72 Series ministration, Department of Transportation, AA65)(2001–0043)) received on September 4, Airplanes’’ ((RIN2120–AA64)(2001–0371)) re- transmitting, pursuant to law, the report of 2001; to the Committee on Commerce, ceived on September 4, 2001; to the Com- a rule entitled ‘‘Airworthiness Directives: Science, and Transportation. mittee on Commerce, Science, and Transpor- Boeing Model 747–100 and 200 Series Air- EC–3447. A communication from the Pro- tation. planes’’ ((RIN2120–AA64)(2001–0390)) received gram Analyst of the Federal Aviation Ad- EC–3455. A communication from the Pro- on September 4, 2001; to the Committee on ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- Commerce, Science, and Transportation. transmitting, pursuant to law, the report of ministration, Department of Transportation, EC–3464. A communication from the Pro- a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, ments (64); Amdt. No. 2061’’ ((RIN2120– Aerospatiale Model ATR42–200, 300, and 320 transmitting, pursuant to law, the report of AA65)(2001–0042)) received on September 4, Series Airplanes’’ ((RIN2120–AA64)(2001–0370)) a rule entitled ‘‘Airworthiness Directives: 2001; to the Committee on Commerce, received on September 4, 2001; to the Com- Airbus Model A330 Series Airplanes’’ Science, and Transportation. mittee on Commerce, Science, and Transpor- ((RIN2120–AA64)(2001–0387)) received on Sep- EC–3448. A communication from the Pro- tation. tember 4, 2001; to the Committee on Com- gram Analyst of the Federal Aviation Ad- EC–3456. A communication from the Pro- merce, Science, and Transportation. ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- EC–3465. A communication from the Pro- transmitting, pursuant to law, the report of ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of ministration, Department of Transportation,

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16323 transmitting, pursuant to law, the report of report of a rule entitled ‘‘Great Lakes Pilot- EC–3482. A communication from the Chief, a rule entitled ‘‘Airworthiness Directives: age Rates’’ (RIN2115–AF91) received on Sep- Regulations and Administrative Law, United McDonnell Douglas Model MD 90–30 Series tember 4, 2001; to the Committee on Com- States Coast Guard, Department of Trans- Airplanes’’ ((RIN2120–AA64)(2001–0388)) re- merce, Science, and Transportation. portation, transmitting, pursuant to law, the ceived on September 4, 2001; to the Com- EC–3474. A communication from the Chief, report of a rule entitled ‘‘Safety/Security mittee on Commerce, Science, and Transpor- Regulations and Administrative Law, United Zone Regulations; Naval Force Protection, tation. States Coast Guard, Department of Trans- Bath Iron Works, Kennebeck River, Bath, EC–3466. A communication from the Pro- portation, transmitting, pursuant to law, the Maine’’ ((RIN2115–AA97)(2001–0040)) received gram Analyst of the Federal Aviation Ad- report of a rule entitled ‘‘Drawbridge Regu- on September 4, 2001; to the Committee on ministration, Department of Transportation, lations; Chelsea River, MA’’ ((RIN2115– Commerce, Science, and Transportation. transmitting, pursuant to law, the report of AE47)(2001–0051)) received on September 4, EC–3483. A communication from the Chief, a rule entitled ‘‘Airworthiness Directives: 2001; to the Committee on Commerce, Regulations and Administrative Law, United General Aviation Aircraft Equipped with Science, and Transportation. States Coast Guard, Department of Trans- Certain UPS Aviation Technologies, Inc., EC–3475. A communication from the Chief, portation, transmitting, pursuant to law, the Model Apollo SL30 Very-High-Frequency Regulations and Administrative Law, United report of a rule entitled ‘‘Safety/Security Navigation/Communication Radios’’ States Coast Guard, Department of Trans- Zone Regulations; Presque Isle Bay, Erie, ((RIN2120–AA64)(2001–0389)) received on Sep- portation, transmitting, pursuant to law, the Pennsylvania’’ ((RIN2115–AA97)(2001–0039)) tember 4, 2001; to the Committee on Com- report of a rule entitled ‘‘Drawbridge Regu- received on September 4, 2001; to the Com- merce, Science, and Transportation. lations; Lake Washington Ship Canal, Se- mittee on Commerce, Science, and Transpor- EC–3467. A communication from the Pro- attle, WA’’ ((RIN2115–SE47)(2001–0053)) re- tation. gram Analyst of the Federal Aviation Ad- ceived on September 4, 2001; to the Com- EC–3484. A communication from the Chief, ministration, Department of Transportation, mittee on Commerce, Science, and Transpor- Regulations and Administrative Law, United transmitting, pursuant to law, the report of tation. States Coast Guard, Department of Trans- a rule entitled ‘‘Airworthiness Directives: EC–3476. A communication from the Chief, portation, transmitting, pursuant to law, the Rockwell Collins, Inc. CTL–92 Transponder Regulations and Administrative Law, United report of a rule entitled ‘‘Safety/Security Control Panels’’ ((RIN2120–AA64)(2001–0391)) States Coast Guard, Department of Trans- Zone Regulations; Menominee Waterfront received on September 4, 2001; to the Com- portation, transmitting, pursuant to law, the Festival 2001, Menominee, Michigan’’ mittee on Commerce, Science, and Transpor- report of a rule entitled ‘‘Drawbridge Regu- ((RIN2115–AA97)(2001–0042)) received on Sep- tation. lations: Inner Harbor Navigation Canal, LA’’ tember 4, 2001; to the Committee on Com- EC–3468. A communication from the Pro- ((RIN2115–AE47)(2001–0049)) received on Sep- merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- tember 4, 2001; to the Committee on Com- EC–3485. A communication from the Presi- ministration, Department of Transportation, merce, Science, and Transportation. dent of the United States (referred on Sep- transmitting, pursuant to law, the report of EC–3477. A communication from the Chief, tember 4, 2001), transmitting, consistent a rule entitled ‘‘Airworthiness Directives: Regulations and Administrative Law, United with the War Powers Act, a report relative Turbomeca SA Artouste II and III Series States Coast Guard, Department of Trans- to East Timor; to the Committee on Foreign Turboshaft Engines’’ ((RIN2120–AA64)(2001– portation, transmitting, pursuant to law, the Relations. 0383)) received on September 4, 2001; to the report of a rule entitled ‘‘Drawbridge Regu- f Committee on Commerce, Science, and lations: PGA Boulevard Bridge (ICW), West Transportation. Palm Beach, FL’’ ((RIN2115–AE47)(2001–0050)) REPORTS OF COMMITTEES EC–3469. A communication from the Pro- received on September 4, 2001; to the Com- RECEIVED DURING RECESS gram Analyst of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, tation. Under the authority of the order of transmitting, pursuant to law, the report of EC–3478. A communication from the Chief, the Senate of July 30, 2001, the fol- a rule entitled ‘‘Airworthiness Directives: Regulations and Administrative Law, United lowing reports of committees were sub- Learjet Model 23, 24, 25, 28, 29, 31, 35, 36, and States Coast Guard, Department of Trans- mitted on August 28, 2001: 55 Series Airplanes’’ ((RIN2120–AA64)(2001– portation, transmitting, pursuant to law, the By Mr. LEAHY, from the Special Com- 0384)) received on September 4, 2001; to the report of a rule entitled ‘‘Drawbridge Regu- mittee on Aging: Committee on Commerce, Science, and lations: Donald Ross Road Bridge (ICW), Report to accompany S. 1099, a bill to in- Transportation. West Palm Beach, FL’’ ((RIN2115–AE47)(2001– crease the criminal penalties for assaulting EC–3470. A communication from the Chief, 0054)) received on September 4, 2001; to the or threatening Federal judges, their family Regulations and Administrative Law, United Committee on Commerce, Science, and members, and other public servants, and for States Coast Guard, Department of Trans- Transportation. other purposes. (Rept. No. 107–53). portation, transmitting, pursuant to law, the EC–3479. A communication from the Chief, By Mr. KERRY, from the Committee on report of a rule entitled ‘‘Exemption of Pub- Regulations and Administrative Law, United Small Business and Entrepreneurship, with- lic Vessels Equipped with Electronic Chart- States Coast Guard, Department of Trans- out amendment: ing and Navigation Systems from Paper portation, transmitting, pursuant to law, the S. 856: A bill to reauthorize the Small Busi- Chart Requirements’’ (RIN2115–AG03) re- report of a rule entitled ‘‘Regatta Regula- ness Technology Transfer Program, and for ceived on September 4, 2001; to the Com- tions: SLR; Patuxent River, Solomons, other purposes. (Rept. No. 107–54). mittee on Commerce, Science, and Transpor- Maryland’’ ((RIN2115–AE46)(2001–0018)) re- S. 1196: A bill to amend the Small Business tation. ceived on September 4, 2001; to the Com- Investment Act of 1958, and for other pur- EC–3471. A communication from the Chief, mittee on Commerce, Science, and Transpor- poses. (Rept. No. 107–55). Regulations and Administrative Law, United tation. By Mr. INOUYE, from the Committee on States Coast Guard, Department of Trans- EC–3480. A communication from the Chief, Indian Affairs, with amendments: portation, transmitting, pursuant to law, the Regulations and Administrative Law, United S. 87: A bill to amend the Native Hawaiian report of a rule entitled ‘‘Salvage and Marine States Coast Guard, Department of Trans- Health Care Improvement Act to revise and Firefighting Equipment; Vessel Response portation, transmitting, pursuant to law, the extend such Act. (Rept. No. 107–56). Plans for Oils’’ ((RIN2115–AF60)(2001–0001)) report of a rule entitled ‘‘Safety/Security f received on September 4, 2001; to the Com- Zone Regulations: Japanese Fisheries High mittee on Commerce, Science, and Transpor- School Training Vessel EHIME MARU Relo- REPORTS OF COMMITTEES tation. cation and Crew Member Recovery, Pacific EC–3472. A communication from the Chief, Ocean, South Shores of the island of Oahu, The following reports of committees Regulations and Administrative Law, United HI’’ ((RIN2115–AA97)(2001–0043)) received on were submitted: States Coast Guard, Department of Trans- September 4, 2001; to the Committee on Com- By Mr. DORGAN, from the Committee on portation, transmitting, pursuant to law, the merce, Science, and Transportation. Appropriations, without amendment: report of a rule entitled ‘‘Drawbridge Regu- EC–3481. A communication from the Chief, S. 1398: An original bill making appropria- lations; Newton Creek, Dutch Kills, English Regulations and Administrative Law, United tions for the Treasury Department, the Kills and their tributaries, NY’’ ((RIN2115– States Coast Guard, Department of Trans- United States Postal Service, the Executive AE47)(2001–0002)) received on September 4, portation, transmitting, pursuant to law, the Office of the President, and certain Inde- 2001; to the Committee on Commerce, report of a rule entitled ‘‘Safety/Security pendent Agencies, for the fiscal year ending Science, and Transportation. Zone Regulations; Bay City Relay For Life September 30, 2002, and for other purposes. EC–3473. A communication from the Chief, Fireworks, Saginaw River, MI’’ ((RIN2115– (Rept. No. 107–57). Regulations and Administrative Law, United AA97)(2001–0041)) received on September 4, By Mr. LEAHY, from the Committee on States Coast Guard, Department of Trans- 2001; to the Committee on Commerce, Appropriations, with an amendment in the portation, transmitting, pursuant to law, the Science, and Transportation. nature of a substitute:

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16324 CONGRESSIONAL RECORD—SENATE September 4, 2001 H.R. 2506: A bill making appropriations for Col. Larry D. New, 0000, to be Brigadier Gen- Col. Kathleen M. Gainey, 0000, to be Briga- foreign operations, export financing, and re- eral. dier General. lated programs for the fiscal year ending Col. Leonard E. Patterson, 0000, to be Briga- Col. Daniel A. Hahn, 0000, to be Brigadier September 30, 2002, and for other purposes. dier General. General. (Rept. No. 107–58). Col. Michael F. Planert, 0000, to be Brigadier Col. Frank G. Helmick, 0000, to be Brigadier By Mr. BAUCUS, from the Committee on General. General. Finance, with an amendment in the nature Col. Jeffrey A. Remington, 0000, to be Briga- Col. Rhett A. Hernandez, 0000, to be Briga- of a substitute: dier General. dier General. S. 643: A bill to implement the agreement Col. Edward A. Rice Jr., 0000, to be Brigadier Col. Mark P. Hertling, 0000, to be Brigadier establishing a United States-Jordan free General. General. trade area. (Rept. No. 107–59). Col. David J. Scott, 0000, to be Brigadier Col. James T. Hirai, 0000, to be Brigadier By Mr. BIDEN, from the Committee on General. General. Foreign Relations, without amendment: Col. Paul S. Izzo, 0000, to be Brigadier Gen- S. 1401: An original bill to authorize appro- Col. Winfield W. Scott III, 0000, to be Briga- eral. priations for the Department of State and dier General. Col. James L. Kennon, 0000, to be Brigadier for United States international broadcasting Col. Mark D. Shackelford, 0000, to be Briga- General. activities for fiscal years 2002 and 2003, and dier General. for other purposes. (Rept. No. 107–60). Col. Glenn F. Spears, 0000, to be Brigadier Col. Mark T. Kimmitt, 0000, to be Brigadier General. General. f Col. David L. Stringer, 0000, to be Brigadier Col. Robert P. Lennox, 0000, to be Brigadier NOMINATIONS RETURNED General. General. Col. Douglas E. Lute, 0000, to be Brigadier The following military nominations Col. Henry L. Taylor, 0000, to be Brigadier General. General. were returned to the President, pursu- Col. Richard E. Webber, 0000, to be Brigadier Col. Timothy P. McHale, 0000, to be Briga- ant to rule XXXI, paragraph 6 of the General. dier General. Standing Rules of the Senate on Fri- Col. Roy M. Worden, 0000, to be Brigadier Col. Richard W. Mills, 0000, to be Brigadier day, August 3, 2001: General. General. The following named officers for appoint- Col. Ronald D. Yaggi, 0000, to be Brigadier Col. Benjamin R. Mixon, 0000, to be Brigadier ment in the United States Air Force to the General. General. grade indicated under title 10, U.S.C., section The following named officer for appoint- Col. James R. Moran, 0000, to be Brigadier 624: ment as Vice Chief of Staff, United States General. Col. William P. Ard, 0000, to be Brigadier Air Force, and appointment to the grade in- Col. James R. Myles, 0000, to be Brigadier General. dicated while assigned to a position of im- General. Col. Rosanne Bailey, 0000, to be Brigadier portance and responsibility under title 10, Col. Larry C. Newman, 0000, to be Brigadier General. U.S.C., sections 601 and 8034: General. Col. Bradley S. Baker, 0000, to be Brigadier Lt. Gen. Robert H. Foglesong, 0000, to be Col. Carroll F. Pollett, 0000, to be Brigadier General. General. General. Col. Mark G. Beesley, 0000, to be Brigadier The following named officer for appoint- Col. Robert J. Reese, 0000, to be Brigadier General. ment in the United States Air Force to the General. Col. Ted F. Bowlds, 0000, to be Brigadier Gen- grade indicated while assigned to a position Col. Stephen V. Reeves, 0000, to be Brigadier eral. of importance and responsibility under title General. Col. John T. Brennan, 0000, to be Brigadier 10, U.S.C., section 601: Col. Richard J. Rowe Jr., 0000, to be Briga- dier General. General. Gen. John W. Handy, 0000, to be General. Col. Kevin T. Ryan, 0000, to be Brigadier Col. Roger W. Burg, 0000, to be Brigadier The following named officer for appoint- General. General. ment in the United States Air Force to the Col. Edward J. Sinclair, 0000, to be Brigadier Col. Patrick A. Burns, 0000, to be Brigadier grade indicated while assigned to a position General. General. of importance and responsibility under title Col. Eric F. Smith, 0000, to be Brigadier Gen- Col. Kurt A. Cichowski, 0000, to be Brigadier 10, U.S.C., section 601: General. eral. Col. Maria I. Cribbs, 0000, to be Brigadier Lt. Gen. Charles F. Wald, 0000, to be Lieuten- Col. Abraham J. Turner, 0000, to be Brigadier General. ant General. General. The following named officer for appoint- Col. Andrew S. Dichter, 0000, to be Brigadier Col. Volney J. Warner, 0000, to be Brigadier ment in the United States Air Force to the General. General. grade indicated while assigned to a position Col. Jan D. Eakle, 0000, to be Brigadier Gen- Col. John C. Woods, 0000, to be Brigadier of importance and responsibility under title eral. General. 10, U.S.C., section 601: Col. David M. Edgington, 0000, to be Briga- Col. Howard W. Yellen, 0000, to be Brigadier dier General. Maj. Gen. Teed M. Moseley, 0000, to be Lieu- General. Col. Silvanus T. Gilbert III, 0000, to be Briga- tenant General. The following named officer for appoint- dier General. The following named officers for appoint- ment in the United States Army to the grade Col. Stephen M. Goldfein, 0000, to be Briga- ment in the United States Army to the grade indicated while assigned to a position of im- dier General. indicated under title 10, U.S.C., section 624: portance and responsibility under title 10, Col. David S. Gray, 0000, to be Brigadier Gen- Col. Byron S. Bagby, 0000, to be Brigadier U.S.C., section 601: eral. General. Lt. Gen. Larry R. Jordan, 0000, to be Lieu- Col. Wendell L. Griffin, 0000, to be Brigadier Col. Leo A. Brooks Jr., 0000, to be Brigadier tenant General. General. General. The following named officers for appoint- Col. Ronald J. Haeckel, 0000, to be Brigadier Col. Sean J. Byrne, 0000, to be Brigadier Gen- ment in the United States Army to the grade General. eral. indicated under title 10, U.S.C., section 624: Col. Irving L. Halter Jr., 0000, to be Brigadier Col. Charles A. Cartwright, 0000, to be Briga- Brig. Gen. Keith B. Alexander, 0000, to be General. dier General. Major General. Col. Richard S. Hassan, 0000, to be Brigadier Col. Philip D. Coker, 0000, to be Brigadier Brig. Gen. Eldon A. Bargewell, 0000, to be General. General. Major General. Col. William L. Holland, 0000, to be Brigadier Col. Thomas R. Csrnko, 0000, to be Brigadier Brig. Gen. David W. Barno, 0000, to be Major General. General. General. Col. Gilmary M. Hostage III, 0000, to be Brig- Col. Robert L. Davis, 0000, to be Brigadier Brig. Gen. John R. Batiste, 0000, to be Major adier General. General. General. Col. James P. Hunt, 0000, to be Brigadier Col. John DeFreitas III, 0000, to be Brigadier Brig. Gen. Peter W. Chiarelli, 0000, to be General. General. Major General. Col. John C. Koziol, 0000, to be Brigadier Col. Robert E. Durbin, 0000, to be Brigadier Brig. Gen. Claude V. Christianson, 0000, to be General. General. Major General. Col. David R. Lefforge, 0000, to be Brigadier Col. Gina S. Farrisee, 0000, to be Brigadier Brig. Gen. Robert T. Dail, 0000, to be Major General. General. General. Col. William T. Lord, 0000, to be Brigadier Col. David A. Fastabend, 0000, to be Briga- Brig. Gen. Paul D. Eaton, 0000, to be Major General. dier General. General. Col. Arthur B. Morrill III, 0000, to be Briga- Col. Richard P. Formica, 0000, to be Briga- Brig. Gen. Karl W. Eikenberry, 0000, to be dier General. dier General. Major General.

VerDate Mar 15 2010 22:17 May 15, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 C:\1999-2001-BOUND-RECORD-REDACTION-FILES\BR2001\SEP\S04SE1.REC S04SE1 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD—SENATE 16325 Brig. Gen. Robert H. Griffin, 0000, to be Rear Adm. (lh) Kenneth T. Venuto, 0000, to Rear Adm. (lh) JOSEPH D. BURNS, 0000, to Major General. be Rear Admiral. be Rear Admiral. Brig. Gen. John W. Holly, 0000, to be Major The following named officers for appoint- Rear Adm. (lh) BRIAN M. CALHOUN, 0000, to General. ment in the United States Marine Corps to be Rear Admiral. Brig. Gen. David H. Huntoon, Jr., 0000, to be the grade indicated under title 10, U.S.C., Rear Adm. (lh) KEVIN J. COSGRIFF, 0000, to Major General. section 624: be Rear Admiral. Brig. Gen. James C. Hylton, 0000, to be Major Brig. Gen. James F. Amos, 0000, to be Major Rear Adm. (lh) LEWIS W. CRENSHAW JR., General. General. 0000, to be Rear Admiral. Brig. Gen. Gene M. LaCoste, 0000, to be Brig. Gen. John G. Castellaw, 0000, to be Rear Adm. (lh) TERRANCE T. ETNYRE, Major General. Major General. 0000, to be Rear Admiral. Brig. Gen. Dee A. McWilliams, 0000, to be Brig. Gen. Timothy E. Donovan, 0000, to be Rear Adm. (lh) MARK P. FITZGERALD, Major General. Major General. 0000, to be Rear Admiral. Brig. Gen. Raymond T. Odierno, 0000, to be Brig. Gen. Robert M. Flanagan, 0000, to be Rear Adm. (lh) JONATHAN W. GREENERT, Major General . Major General. 0000, to be Rear Admiral. Brig. Gen. Virgil L. Packett II, 0000, to be Brig. Gen. James N. Mattis, 0000, to be Major Rear Adm. (lh) CURTIS A. KEMP, 0000, to be Major General. General. Rear Admiral. Brig. Gen. Joseph F. Peterson, 0000, to be Brig. Gen. Gordon C. Nash, 0000, to be Major Rear Adm. (lh) ANTHONY W. LENGERICH, Major General. General. 0000, to be Rear Admiral. Brig. Gen. David H. Petraeus, 0000, to be Brig. Gen. Robert M. Shea, 0000, to be Major Rear Adm. (lh) WALTER B. MASSENBURG, Major General. General. 0000, to be Rear Admiral. Brig. Gen. Marilyn A. Quagliotti, 0000, to be Brig. Gen. Frances C. Wilson, 0000, to be Rear Adm. (lh) JAMES K. MORAN, 0000, to Major General. Major General. be Rear Admiral. Brig. Gen. Michael D. Rochelle, 0000, to be The following named officer for appoint- Rear Adm. (lh) CHARLES L. MUNNS, 0000, Major General. ment in the United States Marine Corps Re- to be Rear Admiral. Brig. Gen. Donald J. Ryder, 0000, to be Major serve to the grade indicated under title 10, Rear Adm. (lh) RICHARD B. PORTERFIELD, General. U.S.C., section 12203: 0000, to be Rear Admiral. Brig. Gen. Henry W. Stratman, 0000, to be Brig. Gen. John W. Bergman, 0000, to be Rear Adm. (lh) JAMES A. ROBB, 0000, to be Major General. major general. Rear Admiral. Brig. Gen. Joe G. Taylor, Jr., 0000, to be The following named officers for appoint- Rear Adm. (lh) JOSEPH A. SESTAK JR., Major General. ment in the United States Marine Corps to 0000, to be Rear Admiral. Brig. Gen. N. Ross Thompson III, 0000, to be the grade indicated under title 10, U.S.C., Rear Adm. (lh) STEVEN J. TOMASZESKI, Major General. section 624: 0000, to be Rear Admiral. Brig. Gen. James D. Thurman, 0000, to be Col. Ronald S. Coleman, 0000, to be Brigadier Rear Adm. (lh) JOHN W. TOWNES III, 0000, Major General. General. to be Rear Admiral. Brig. Gen. Thomas R. Turner II, 0000, to be Col. James F. Flock, 0000, to be Brigadier Rear Adm. (lh) CHRISTOPHER E. WEAVER, Major General. General. 0000, to be Rear Admiral. Brig. Gen. John M. Urias, 0000, to be Major Col. Kenneth J. Glueck, Jr., 0000, to be Briga- Rear Adm. (lh) CHARLES B. YOUNG, 0000, to General. dier General. be Rear Admiral. Brig. Gen. Michael A. Vane, 0000, to be Major Col. Dennis J. Hejlik, 0000, to be Brigadier Rear Adm. (lh) THOMAS E. ZELIBOR, 0000, General. General. to be Rear Admiral. Brig. Gen. William G. Webster, Jr., 0000, to Col. Carl B. Jensen, 0000, to be Brigadier The following named officer for appoint- be Major General. General. ment in the United States Navy to the grade The following named officer for appoint- Col. Robert B. Neller, 0000, to be Brigadier indicated while assigned to a position of im- ment in the United States Army to the grade General. portance and responsibility under title 10, indicated while assigned to a position of im- Col. John M. Paxton, Jr., 0000, to be Briga- U.S.C., section 601: portance and responsibility under title 10, dier General. Adm. James O. Ellis Jr., 0000, to be Admiral. U.S.C., section 601: Col. Edward G. Usher III, 0000, to be Briga- The following named officers for appoint- Maj. Gen. John M. Le Moyne, 0000, to be dier General. ment in the United States Navy to the grade Lieutenant General. The following named officers for appoint- indicated under title 10, U.S.C., section 624: The following named officer for appoint- ment in the United States Marine Corps Re- Capt. Richard K. Gallagher, 0000, to be Rear ment in the United States Army to the grade serve to the grade indicated under title 10, Admiral (Lower Half). indicated under title 10, U.S.C., section 624: U.S.C., section 12203: Capt. Thomas J. Kilcline Jr., 0000, to be Rear Brig. Gen. Lester Martinez-Lopez, 0000, to be Col. Craig T. Boddington, 0000, to be Briga- Admiral (Lower Half). Major General. dier General. Robert A. Stenevik in the Air Force to be The following named officer for appoint- Col. Scott Robertson, 0000, to be Brigadier Colonel. ment in the Reserve of the Army to the General. 28 nominations in the Army received by grade indicated under title 10, U.S.C., section The following named officer for appoint- the Senate beginning with Roger L Armstead 12203: ment in the United States Marine Corps Re- and ending with Carl S Young, Jr. Col. Dawn R. Horn, 0000, to be Brigadier Gen- serve to the grade indicated under title 10, 4 nominations in the Army received by the eral. U.S.C., section 12203: Senate beginning with Donald W. Dawson, The following named officer for appoint- Brig. Gen. John J. McCarthy Jr., 0000, to be III and ending with Daniel F. Lee. ment in the United States Army to the grade Major General. Curtis W. Marsh in the Marine Corps to be indicated while assigned to a position of im- The following named officers for appoint- Colonel. portance and responsibility under title 10, ment in the United States Navy to the grade f U.S.C., section 601: indicated under title 10, U.S.C., section 624: Lt. Gen. Paul J. Kern, 0000, to be General. Capt. Robert D. Jenkins III, 0000, to be Rear ADDITIONAL COSPONSORS The following named officer for appoint- Admiral (lower half). S. 29 ment in the United States Army to the grade The following named officers for appoint- indicated while assigned to a position of im- ment in the United States Navy to the grade At the request of Mr. BOND, the name portance and responsibility under title 10, indicated under title 10, U.S.C., section 624: of the Senator from Tennessee (Mr. U.S.C., section 601: Rear Adm. (lh) Rand H. Fisher, 0000, to be FRIST) was added as a cosponsor of S. Lt. Gen. Kevin P. Byrnes, 0000, to be Lieuten- Rear Admiral. 29, a bill to amend the Internal Rev- ant General. Rear Adm. (lh) Charles H. Johnston Jr., 0000, enue Code of 1986 to allow a deduction The following named officers for appoint- to be Rear Admiral. for 100 percent of the health insurance ment in the United States Coast Guard to The following named officers for appoint- costs of self-employed individuals. the grade indicated under title 14, U.S.C., ment in the United States Navy to the grade S. 88 section 271: indicated under title 10, U.S.C., section 624: At the request of Mr. ROCKEFELLER, Rear Adm. (lh) James C. Olson, 0000, to be Rear Adm. (lh) DAVID ARCHITZEL, 0000, to the name of the Senator from Maine Rear Admiral. be Rear Admiral. Rear Adm. (lh) James W. Underwood, 0000, to Rear Adm. (lh) JOSE L. BETANCOURT, 0000, (Ms. COLLINS) was added as a cosponsor be Rear Admiral. to be Rear Admiral. of S. 88, a bill to amend the Internal Rear Adm. (lh) Ralph D. Utley, 0000, to be Rear Adm. (lh) ANNETTE E. BROWN, 0000, Revenue Code of 1986 to provide an in- Rear Admiral. to be Rear Admiral. centive to ensure that all Americans

VerDate Mar 15 2010 22:17 May 15, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 C:\1999-2001-BOUND-RECORD-REDACTION-FILES\BR2001\SEP\S04SE1.REC S04SE1 mmaher on DSKCGSP4G1 with SOCIALSECURITY 16326 CONGRESSIONAL RECORD—SENATE September 4, 2001

gain timely and equitable access to the S. 503 Hampshire (Mr. SMITH) was added as a Internet over current and future gen- At the request of Mr. REID, the name cosponsor of S. 858, a bill to amend erations of broadband capability. of the Senator from Minnesota (Mr. title I of the Employee Retirement In- S. 135 DAYTON) was added as a cosponsor of S. come Security Act of 1974 to improve At the request of Mrs. FEINSTEIN, the 503, a bill to amend the Safe Water Act access and choice for entrepreneurs name of the Senator from Texas (Mrs. to provide grants to small public drink- with small business with respect to HUTCHISON) was added as a cosponsor of ing water system. medical care for their employees. S. 135, a bill to amend title XVIII of the S. 543 S. 866 Social Security Act to improve pay- At the request of Mr. WELLSTONE, the At the request of Mr. REID, the ments for direct graduate medical edu- names of the Senator from Connecticut names of the Senator from Washington IEBERMAN cation under the medicare program. (Mr. L ), the Senator from (Ms. CANTWELL) and the Senator from OXER S. 145 California (Mrs. B ), and the Sen- Arizona (Mr. KYL) were added as co- At the request of Mr. THURMOND, the ator from South Dakota (Mr. DASCHLE) sponsors of S. 866, a bill to amend the names of the Senator from New Jersey were added as cosponsors of S. 543, a Public Health Service Act to provide (Mr. TORRICELLI) and the Senator from bill to provide for equal coverage of for a national media campaign to re- mental health benefits with respect to Oklahoma (Mr. INHOFE) were added as duce and prevent underage drinking in cosponsors of S. 145, a bill to amend health insurance coverage unless com- the United States. title 10, United States Code, to increase parable limitations are imposed on medical and surgical benefits. S. 990 to parity with other surviving spouses At the request of Mr. SMITH of New the basic annuity that is provided S. 587 At the request of Mr. CONRAD, the Hampshire, the name of the Senator under the uniformed services Survivor from Ohio (Mr. DEWINE) was added as a Benefit Plan for surviving spouses who name of the Senator from Texas (Mrs. HUTCHISON) was added as a cosponsor of cosponsor of S. 990, a bill to amend the are at least 62 years of age, and for Pittman-Robertson Wildlife Restora- other purposes. S. 587, a bill to amend the Public Health Service Act and title XVIII of tion Act to improve the provisions re- S. 170 the Social Security Act to sustain ac- lating to wildlife conservation and res- At the request of Mr. REID, the name cess to vital emergency medical serv- toration programs, and for other pur- of the Senator from Oklahoma (Mr. ices in rural areas. poses. INHOFE) was added as a cosponsor of S. S. 611 S. 999 170, a bill to amend title 10, United At the request of Ms. MIKULSKI, the At the request of Mr. BINGAMAN, the States Code, to permit retired mem- name of the Senator from New York names of the Senator from Hawaii (Mr. bers of the Armed Forces who have a (Mrs. CLINTON) was added as a cospon- INOUYE) and the Senator from Texas service-connected disability to receive sor of S. 611, a bill to amend title II of (Mrs. HUTCHISON) were added as cospon- both military retired pay by reason of the Social Security Act to provide that sors of S. 999, a bill to amend title 10, their years of military service and dis- the reduction in social security bene- United States Code, to provide for a ability compensation from the Depart- fits which are required in the case of Korea Defense Service Medal to be ment of Veterans Affairs for their dis- spouses and surviving spouses who are issued to members of the Armed Forces ability. also receiving certain Government pen- who participated in operations in S. 177 sions shall be equal to the amount by Korea after the end of the Korean War. At the request of Mr. AKAKA, the which two-thirds of the total amount S. 1009 names of the Senator from Washington of the combined monthly benefit (be- UTCHISON (Mrs. MURRAY) and the Senator from At the request of Mrs. H , the fore reduction) and monthly pension name of the Senator from New York Montana (Mr. BURNS) were added as co- exceeds $1,200, adjusted for inflation. sponsors of S. 177, a bill to amend the (Mrs. CLINTON) was added as a cospon- S. 659 sor of S. 1009, a bill to require the pro- provisions of title 39, United States At the request of Mr. CRAPO, the Code, relating to the manner in which vision of information to parents and name of the Senator from Texas (Mrs. adults concerning bacterial meningitis pay policies and schedules and fringe HUTCHISON) was added as a cosponsor of benefit programs for postmasters are and the availability of a vaccination S. 659, a bill to amend title XVIII of the with respect to such diseases. established. Social Security Act to adjust the labor S. 1027 S. 318 costs relating to items and services At the request of Mr. DASCHLE, the furnished in a geographically reclassi- At the request of Mr. SCHUMER, the names of the Senator from North Da- fied hospital for which reimbursement name of the Senator from Connecticut kota (Mr. DORGAN) and the Senator under the medicare program is pro- (Mr. DODD) was added as a cosponsor of from Connecticut (Mr. LIEBERMAN) vided on a prospective basis. S. 1027, a bill to expand the purposes of the program of block grants to States were added as cosponsors of S. 318, a S. 690 for temporary assistance for needy bill to prohibit discrimination on the At the request of Mr. WELLSTONE, the basis of genetic information with re- name of the Senator from South Da- families to include poverty reduction, and to make grants available under the spect to health insurance. kota (Mr. DASCHLE) was added as a co- S. 345 sponsor of S. 690, a bill to amend title program for that purpose. At the request of Mr. ALLARD, the XVIII of the Social Security Act to ex- S. 1041 name of the Senator from Washington pand and improve coverage of mental At the request of Mr. FEINGOLD, the (Mrs. MURRAY) was added as a cospon- health services under the medicare pro- name of the Senator from Delaware sor of S. 345, a bill to amend the Ani- gram. (Mr. BIDEN) was added as a cosponsor of mal Welfare Act to strike the limita- S. 829 S. 1041, a bill to establish a program for tion that permits interstate movement At the request of Mr. BROWNBACK, the an information clearinghouse to in- of live birds, for the purpose of fight- names of the Senator from Florida (Mr. crease public access to defibrillation in ing, to States in which animal fighting NELSON) and the Senator from Okla- schools. is lawful. homa (Mr. INHOFE) were added as co- S. 1042 S. 392 sponsors of S. 829, a bill to establish At the request of Mr. INOUYE, the At the request of Mr. SARBANES, the the National Museum of African Amer- name of the Senator from Washington name of the Senator from Georgia (Mr. ican History and Culture within the (Mrs. MURRAY) was added as a cospon- MILLER) was added as a cosponsor of S. Smithsonian Institution. sor of S. 1042, a bill to amend title 38, 392, a bill to grant a Federal Charter to S. 858 United States Code, to improve bene- Korean War Veterans Association, In- At the request of Mr. HUTCHINSON, fits for Filipino veterans of World War corporated, and for other purposes. the name of the Senator from New II, and for other purposes.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16327 S. 1066 S. 1206 Annual Meeting of the International At the request of Mr. HATCH, the At the request of Mr. VOINOVICH, the Whaling Commission. names of the Senator from Hawaii (Mr. name of the Senator from Georgia (Mr. S. RES. 139 INOUYE) and the Senator from Mary- MILLER) was added as a cosponsor of S. At the request of Mr. GRASSLEY, the land (Ms. MIKULSKI) were added as co- 1206, a bill to reauthorize the Appa- names of the Senator from Oklahoma sponsors of S. 1066, a bill to amend title lachian Regional Development Act of (Mr. INHOFE) and the Senator from XVIII of the Social Security Act to es- 1965, and for other purposes. Kentucky (Mr. BUNNING) were added as tablish procedures for determining pay- S. 1226 cosponsors of S.Res. 139, a resolution ment amounts for new clinical diag- At the request of Mr. SANTORUM, his designating September 24, 2001, as nostic laboratory tests for which pay- name was added as a cosponsor of S. ‘‘Family Day—A Day to Eat Dinner ment is made under the medicare pro- 1226, a bill to require the display of the with Your Children.’’ gram. POW/MIA flag at the World War II me- At the request of Mr. BIDEN, the S. 1125 morial, the Korean War Veterans Me- names of the Senator from Connecticut At the request of Mr. MCCAIN, the morial, and the Vietnam Veterans Me- (Mr. LIEBERMAN), the Senator from names of the Senator from Washington morial. New York (Mrs. CLINTON), the Senator (Mrs. MURRAY) and the Senator from S. 1232 from Vermont (Mr. JEFFORDS), the Sen- Nevada (Mr. REID) were added as co- At the request of Mr. MCCONNELL, ator from Michigan (Mr. LEVIN), the sponsors of S. 1125, a bill to conserve the names of the Senator from Ken- Senator from Massachusetts (Mr. KEN- global bear populations by prohibiting tucky (Mr. BUNNING) and the Senator NEDY), the Senator from Florida (Mr. the importation, exportation, and from South Carolina (Mr. THURMOND) GRAHAM), and the Senator from Geor- interstate trade of bear viscera and were added as cosponsors of S. 1232, a gia (Mr. CLELAND) were added as co- items, products, or substances con- bill to provide for the effective punish- sponsors of S. Res. 139, supra. taining, or labeled or advertised as con- ment of online child molesters, and for S. CON. RES. 44 taining, bear viscera, and for other pur- other purposes. At the request of Mr. FITZGERALD, poses. S. 1256 the name of the Senator from Idaho S. 1132 At the request of Mrs. FEINSTEIN, the (Mr. CRAIG) was added as a cosponsor of At the request of Mr. CRAPO, the names of the Senator from North Da- S.Con.Res. 44, a concurrent resolution name of the Senator from Iowa (Mr. kota (Mr. DORGAN) and the Senator expressing the sense of the Congress re- GRASSLEY) was added as a cosponsor of from Kentucky (Mr. MCCONNELL) were garding National Pearl Harbor Remem- S. 1132, a bill to amend the Federal added as cosponsors of S. 1256, a bill to brance Day. Food, Drug, and Cosmetic Act relating provide for the reauthorization of the f to the distribution chain of prescrip- breast cancer research special postage INTRODUCTION OF BILLS AND tion drugs. stamp, and for other purposes. JOINT RESOLUTIONS S. 1140 S. 1258 The following bills and joint resolu- At the request of Mr. DORGAN, the At the request of Mr. HATCH, the tions were introduced, read the first names of the Senator from Illinois (Mr. names of the Senator from Delaware and second times by unanimous con- DURBIN) and the Senator from New (Mr. BIDEN) and the Senator from Ar- sent, and referred as indicated: kansas (Mrs. LINCOLN) were added as York (Mrs. CLINTON) were added as co- By Mr. ENSIGN: cosponsors of S. 1140, a bill to amend sponsors of S. 1258, a bill to improve S. 1394. A bill to amend title XVIII of the chapter 1 of title 9, United States Code, academic and social outcomes for teen- Social Security Act to repeal the medicare to provide for greater fairness in the age youth. outpatient rehabilitation therapy caps; to arbitration process relating to motor S. 1278 the Committee on Finance. By Mr. ENSIGN: vehicle franchise contracts. At the request of Mrs. LINCOLN, the S. 1395. A bill to amend title XVIII of the S. 1163 names of the Senator from Maine (Ms. Social Security Act to make a technical cor- At the request of Mr. CORZINE, the COLLINS) and the Senator from Cali- rection in the definition of outpatient name of the Senator from Pennsyl- fornia (Mrs. FEINSTEIN) were added as speech-language pathology services; to the vania (Mr. SANTORUM) was added as a cosponsors of S. 1278, a bill to amend Committee on Finance. cosponsor of S. 1163, a bill to increase the Internal Revenue Code of 1986 to By Mr. CONRAD (for himself and Mr. the mortgage loan limits under the Na- allow a United States independent film HUTCHINSON): tional Housing Act for multifamily and television production wage credit. S. 1396. A bill to amend the Internal Rev- enue Code of 1986 to allow a credit against housing mortgage insurance. S. 1284 income tax for the purchase of a principal S. 1169 At the request of Mr. KENNEDY, the residence by a first-time homebuyer; to the At the request of Mr. FEINGOLD, the name of the Senator from Missouri Committee on Finance. name of the Senator from West Vir- (Mrs. CARNAHAN) was added as a co- By Mr. GRASSLEY (for himself and Mr. FEINGOLD): ginia (Mr. ROCKEFELLER) was added as sponsor of S. 1284, a bill to prohibit em- S. 1397. A bill to ensure availability of the a cosponsor of S. 1169, a bill to stream- ployment discrimination on the basis of sexual orientation. mail to transmit shipments of day-old poul- line the regulatory processes applica- try; to the Committee on Governmental Af- ble to home health agencies under the S. 1311 fairs. medicare program under title XVIII of At the request of Mr. LEAHY, the By Mr. DORGAN: the Social Security Act and the med- name of the Senator from Minnesota S. 1398. An original bill making appropria- icaid program under title XIX of such (Mr. WELLSTONE) was added as a co- tions for the Treasury Department, the Act, and for other purposes. sponsor of S. 1311, a bill to amend the United States Postal Service, the Executive Immigration and Nationality Act to re- Office of the President, and certain Inde- S. 1186 pendent Agencies, for the fiscal year ending At the request of Mr. DOMENICI, the affirm the United States historic com- September 30, 2002, and for other purposes; name of the Senator from Washington mitment to protecting refugees who from the Committee on Appropriations; (Ms. CANTWELL) was added as a cospon- are fleeing persecution or torture. placed on the calendar. sor of S. 1186, a bill to provide a budg- S. RES. 121 By Mrs. FEINSTEIN (for herself, Mr. etary mechanism to ensure that funds At the request of Mr. KERRY, the SHELBY, Mr. CORZINE, Mr. KYL, and will be available to satisfy the Federal name of the Senator from Minnesota Mr. GRASSLEY): S. 1399. A bill to prevent identity theft, and Government’s responsibilities with re- (Mr. DAYTON) was added as a cosponsor for other purposes; to the Committee on spect to negotiated settlements of dis- of S.Res. 121, a resolution expressing Banking, Housing, and Urban Affairs. putes related to Indian water rights the sense of the Senate regarding the By Mr. KYL (for himself and Mr. claims and Indian land claims. policy of the United States at the 53rd BROWNBACK):

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16328 CONGRESSIONAL RECORD—SENATE September 4, 2001 S. 1400. A bill to amend the Illegal Immi- The legislation I introduce today opened a checking account in the gration Reform and Immigrant Responsi- would protect these hatcheries and the man’s name at multiple banks and used bility Act of 1996 to extend the deadline for economies of Webster City, Rudd, Ban- the accounts to engage in financial aliens to present a border crossing card that fraud. The police, in pursuit of the contains a biometric identifier matching the croft, and communities like them appropriate biometric characteristic of the across the country. My legislation identity thief, mistakenly arrested the alien; to the Committee on the Judiciary. would authorize the U.S. Postal Serv- victim five times for crimes committed By Mr. BIDEN: ice to require an air carrier to accept by the identity thief. One of the arrests S. 1401. An original bill to authorize appro- shipments of any day-old poultry and caused him to miss his honeymoon. priations for the Department of State and other live animals that are also al- Three youths robbed a young woman for United States international broadcasting lowed by the carriers’s cargo service. on a San Francisco MUNI bus. The activities for fiscal years 2002 and 2003, and In addition, my legislation would per- thieves stole her driver’s license and for other purposes; from the Committee on Social Security card. Foreign Relations; placed on the calendar. mit the Postal Service to assess a rea- By Mr. KENNEDY: sonable postage surcharge on ship- While the victim was traveling over S. 1402. A bill to amend title 10, United ments of live poultry to compensate the Christmas holiday, the thieves rep- States Code, to fully integrate the bene- carriers for any necessary additional resented themselves as her and drained ficiaries of the Individual Case Management expenses associated with the handling her bank accounts, and applied for cell Program into the TRICARE program, to pro- of live animals. phones and credit cards in her name. vide long-term health care benefits under This bill attempts to stem the tide of the TRICARE program and otherwise to im- Most importantly, my legislation would ensure that the commitment of identity theft by requiring banks, cred- prove the benefits provided under the it bureaus, and other financial institu- TRICARE program, and for other purposes; the United States Postal Service to de- to the Committee on Armed Services. liver all of the mail, without discrimi- tions to take some practical steps to protect sensitive personal information. f nation, would not be broken. There- 1. The Identity Theft Prevention Act fore, I urge my Senate colleagues to STATEMENTS ON INTRODUCED of 2001 would require all new credit- support this legislation and to uphold BILLS AND JOINT RESOLUTIONS card machines to truncate any credit our obligation to America’s hatcheries By Mr. GRASSLEY (for himself card number printed on a customer re- and family farmers. ceipt. Thus, when a store gives a cus- and Mr. FEINGOLD): S. 1397. A bill to ensure availability By Mrs. FEINSTEIN (for herself, tomer a receipt from a credit card pur- of the mail to transmit shipments of Mr. SHELBY, Mr. CORZINE, Mr. chase, only the last five digits of the credit card number will show. This pre- day-old poultry; to the Committee on KYL, and Mr. GRASSLEY): Governmental Affairs. S. 1399. A bill to prevent identity vents identity thieves from stealing Mr. GRASSLEY. Madam President, I theft, and for other purposes; to the credit card numbers by retrieving dis- rise today be introduce legislation that Committee on Banking, Housing, and carded receipts. Existing machines will ensure the continued availability Urban Affairs. would have to be reprogrammed to of the U.S. mail for the shipment of Mrs. FEINSTEIN. Madam President, truncate credit card numbers on re- day-old poultry * * * For decades, I rise to introduce the Identity Theft ceipts by 2006. Given that most credit America’s hatcheries and family farm- Prevention Act of 2001 along with Sen- machines have a working life of ap- proximately five years, this reprogram- ers have relied on the United States ator SHELBY, Senator CORZINE, Senator ming requirement will put a minimal Postal Service to safely and efficiently KYL, and Senator GRASSLEY. deliver live, day-old poultry. However, The goal of this legislation is to re- burden on businesses. 2. The bill requires a credit card com- Northwest Airlines, the last contractor quire credit bureaus and banks to take pany to notify consumers when an ad- to provide the service to the Postal precautions against identity theft and ditional credit card is requested on an to assist identity theft victims in re- Service in the Midwest recently de- existing credit account within 30 days cided to discontinue the shipment of storing their good name. What is identity theft? Identity theft of an address change request. live poultry as of September 1. 3. The bill would require credit bu- occurs when one person uses another the decision by the air carriers to reaus to alert credit issuers of discrep- stop working with the Postal Service person’s Social Security number, birth ancies between the consumer’s address has placed the economic vitality of date, driver’s license number, or other in the bureau’s records and the address many rural communities and the liveli- identifying information to obtain cred- in the consumer’s application for cred- hoods of many of my constituents in it cards, car loans, phone plans or it. Thus, credit card issuers would be serious jeopardy. In fact, hundreds of other services in the victim’s name. alerted to possible fraud. Iowans are employed in Iowa hatch- The criminal literally assumes the 4. This bill codifies the industry prac- eries which supply day-old birds to identity of the victim for illicit gain. tice of placing fraud alerts on a con- family farmers and hobbyists. Identity theft is one of the fastest sumer’s credit file and gives the Fed- For example, the McMurray Hatch- growing crimes in the new economy. eral Trade Commission the authority ery in Webster City, IA, has shipped The Federal Bureau of Investigation to impose fines against credit issuers day-old chicks and other poultry to estimates 350,000 cases of identify theft that ignore the alert. customers in all parts of the United occur annually. Too many credit card issuers are States for over eighty years. The If recent trends continue, reports of granting new cards without adequately hatchery employs up to seventy people identity theft to the Federal Trade verifying the identity of the applicant. in sseason and is a major contributor Commission will double between 2000 Putting some teeth into fraud alerts to the region’s economy. Ninety-five and 2001, to over 60,000 cases. will curb irresponsible granting of percent of the hatchery’s orders are Fully 40 percent of all consumer credit. shipped through the mail, and carried fraud complaints received by the FTC I also would have reintroduced a pro- by Northwest Airlines. Without the in the first three months of 2001 in- vision from the Identity Theft Preven- ability to deliver their product to their volved identity theft. tion Act of 2000, requiring that the customers, however, the McMurray Consider some of the following cases: Federal Trade Commission, FTC, de- Hatchery would likely be put out of my constituent, Kim Bradbury of Cas- velop a Model Reporting Form for vic- business. tro Valley, reported that an identity tims to send to creditors. In the community of Rudd, the Hoo- thief obtained a credit card in her However, I am pleased to report that ver Hatchery employs thirty people. name through the Internet in just 10 the FTC, encouraged by last year’s The Welp Hatchery in Bancroft em- seconds. The false application only had identity theft bill, has drafted this ploys fifty people. For these small, her Social Security number and birth model form. rural communities, each with fewer date correct. The new form will be launched in the than a thousand people, loss of these A man’s drivers license was stolen at next several weeks, and will be accept- hatcheries would be devastating. a night club in Florida. The thief ed by the three major credit bureaus as

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16329 well as several major financial institu- identity thieves have stolen billions of health care system does not provide for tions. It will reduce substantially the dollars from hundreds of thousands of his daughter’s needs, and Medicaid paperwork burden on identity theft people. does. But, in order to continue her eli- victims who otherwise would have to The difficulties for victims of iden- gibility for Medicaid, this service mem- file literally dozens of reports of fraud. tity theft do not simply end after the ber could not accept his promotion to The simple, concrete proposals of crime that has been committed. It can the next rank. this bill are are necessary because fi- take years and considerable effort for No member of the Armed Forces, who nancial institutions are the stewards of victims to clear their names, reestab- risk their lives for our country should personal financial data. They have lish their credit histories and get ever be put in a position of having to unique access and control over the themselves back on their feet. In some decide between health care for their most sensitive personal information cases, the crime never ends: stolen per- disabled child and doing their job for like one’s bank account balance or sonal information is used repeatedly by our country. Nor should these families one’s credit card number. With this numerous thieves placing individuals have to rely on Medicaid to find health unique access comes a responsibility. in an endless cycle of victimization. care that works. This bill corrects the Some may question why Congress The ‘‘Identity Theft Prevention Act injustices these families have suffered. needs to impose tighter information of 2001’’ is intended as a first step to- The TRICARE Modernization Act inte- practices on banks and credit bureaus wards combating this devastating grates services for disabled dependents to address the identify theft crisis. crime. The legislation requires new, into the basic military health benefit After all, it is true that banks are on common sense measures such as: noti- program, so that no medically nec- the hook for any personal credit losses fying a credit card holder of a request essary services can be denied. It allows over $50 due to fraud. for an additional card or request to disabled dependents to receive care Presumably, if banks were losing ex- change an address; requiring consumer that is necessary to maintain their cessive amounts of money due to iden- approval prior to the issuance of credit; functions and prevent further deterio- tity theft, they would tighten their in- and truncation of credit card account ration of their disability. It provides formation practices. However, the numbers on print-out receipts. These skilled nursing care as long as is nec- problems that face identity theft vic- provisions are intended to reduce the essary, and is coordinated with Medi- tims are independent of market forces. opportunities of thieves to obtain the care. And, it authorizes respite care, So much of identify theft victims’ consumer data they use to commit hearing aids, and other therapies to suffering comes from sources other fraud in the first place. help a disabled person stay or become than credit card losses. Additionally, in an effort to ease the independent. For example, victims often face ex- considerable burdens the crime places We know how far we have come in treme difficulties clearing their dam- on its victims, the bill makes it easier the ongoing battle over many decades aged credit, or even a criminal record, for consumers to report fraud and for to guarantee that disabled people have caused by the thief. The typical victim them to quickly restore their credit the independence they need to be par- of identity theft spends over 175 hours history after they have been targeted. ticipating members of their commu- over two years to clear his name. The seriousness of the of the crime of nities. Our military families with dis- This legislation has earned the wide- identity theft has already been well abled dependents should not be denied spread support from a number of con- documented in economic terms: hun- that opportunity. sumer and victims groups including the dreds of thousands of people have lost Enactment of this legislation is one Identity Theft Resources Center, the billions of dollars. However, the crime of the most significant steps we can Privacy Rights Clearinghouse, Con- causes additional losses that far exceed take in this Congress. It offers a new sumers Union, U.S. PIRG, and Con- the economic ones. An identity theft and better life to large numbers of sumer Federation of America. victim can lose his or her hard-earned military families. It gives servicemen The Identity Theft Prevention Act of good name and reputation in a matter and women, and their disabled family 2001 requires financial institutions to of seconds. I believe Senator FEIN- members, the health care they need. take some simple precautions to pre- STEIN’s bill will help prevent such as- And, most important for active duty vent identity fraud and protect a per- saults and it will help those who are military members and their families, it son’s good name. victimized restore their credit record ensures that disability need no longer Verifying a credit applicant’s ad- and their reputation more quickly. I end the American dream.∑ dress, complying with ‘‘fraud alerts’’, am pleased to be an original cosponsor f notifying credit card holders of un- of this bill. usual requests for new cards, and trun- AMENDMENTS SUBMITTED AND cating credit numbers on receipts are By Mr. KENNEDY: PROPOSED all measures that will it make harder S. 1402. A bill to amend title 10, United States Code, to fully integrate SA 1481. Mr. THOMPSON proposed an for criminals to engage in identify amendment to the bill S. 149, to provide au- fraud. the beneficiaries of the Individual Case thority to control exports, and for other pur- It is appropriate and necessary for fi- Management Program into the poses. nancial institutions to take these TRICARE program, to provide long- SA 1482. Mr. HELMS submitted an amend- steps. These companies have a respon- term health care benefits under the ment intended to be proposed by him to the sibility to prevent fraudsters from TRICARE program and otherwise to bill S. 149, supra; which was ordered to lie on using their services to harm the good improve the benefits provided under the table. name of other citizens. Morever, in this the TRICARE program, and for other SA 1483. Mr. HELMS submitted an amend- purposes; to the Committee on Armed ment intended to be proposed by him to the complex, information-driven society, bill S. 149, supra; which was ordered to lie on consumers simply can’t protect their Services. the table. good name on their own. ∑ Mr. KENNEDY. Madam President, SA 1484. Mr. HELMS submitted an amend- Mr. SHELBY. Madam President, I am today, I am introducing legislation to ment intended to be proposed by him to the pleased to join Senator FEINSTEIN in ensure that disabled family members of bill S. 149, supra; which was ordered to lie on introducing the ‘‘Identity Theft Pre- our active duty military have greater the table. vention Act of 2001.’’ access to the health care they deserve. SA 1485. Mr. HELMS submitted an amend- Unfortunately, with the growth of Early last year, a young man in the ment intended to be proposed by him to the electronic commerce, there has been a United States Air Force drove over 12 bill S. 149, supra; which was ordered to lie on the table. corresponding growth in the number of hours with his wife and disabled 4 year SA 1486. Mr. HELMS submitted an amend- high tech crimes. In fact, identity theft old daughter to testify about how im- ment intended to be proposed by him to the is now the fastest growing crime in the portant it was to make Medicaid more bill S. 149, supra; which was ordered to lie on United States. Over the last few years, accessible. Why? Because the military the table.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16330 CONGRESSIONAL RECORD—SENATE September 4, 2001 SA 1487. Mr. HELMS submitted an amend- SA 1508. Mr. HELMS submitted an amend- On page 232, strike lines 16 through 18, and ment intended to be proposed by him to the ment intended to be proposed by him to the insert the following: bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on (1) AGREEMENT OF THE APPLICANT; COM- the table. the table. PLEXITY OF ANALYSIS; NATIONAL SECURITY IM- SA 1488. Mr. HELMS submitted an amend- SA 1509. Mr. HELMS submitted an amend- PACT.— ment intended to be proposed by him to the ment intended to be proposed by him to the (A) AGREEMENT OF THE APPLICANT.—Delays bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on upon which the Secretary and the applicant the table. the table. mutually agree. SA 1489. Mr. HELMS submitted an amend- SA 1510. Mr. HELMS submitted an amend- (B) COMPLEXITY OF ANALYSIS.—The review- ment intended to be proposed by him to the ment intended to be proposed by him to the ing department or agency requires more bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on time due to the complexity of the analysis, if the table. the table. the additional time is not more than 60 days. SA 1490. Mr. HELMS submitted an amend- SA 1511. Mr. HELMS submitted an amend- (C) NATIONAL SECURITY IMPACT.—The re- ment intended to be proposed by him to the ment intended to be proposed by him to the viewing department or agency requires addi- bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on tional time because of the potential impact the table. the table. on the national security or foreign policy in- SA 1491. Mr. HELMS submitted an amend- SA 1512. Mr. HELMS submitted an amend- terests of the United States, if the additional ment intended to be proposed by him to the ment intended to be proposed by him to the time is not more than 60 days. bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on the table. the table. SA 1482. Mr. HELMS submitted an SA 1492. Mr. HELMS submitted an amend- SA 1513. Mr. HELMS submitted an amend- amendment intended to be proposed by ment intended to be proposed by him to the ment intended to be proposed by him to the him to the bill S. 149, to provide au- bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on thority to control exports, and for the table. the table. other purposes; which was ordered to SA 1493. Mr. HELMS submitted an amend- SA 1514. Mr. HELMS submitted an amend- lie on the table; as follows: ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on On page 218, beginning with line 4, strike the table. the table. all through line 7, and insert the following: SA 1494. Mr. HELMS submitted an amend- SA 1515. Mr. HELMS submitted an amend- (c) EFFECTIVE DATE OF TERMINATION.—The ment intended to be proposed by him to the ment intended to be proposed by him to the termination of an export control pursuant to bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on this section shall take effect 30 days after the table. the table. the President has consulted with the Com- SA 1495. Mr. HELMS submitted an amend- SA 1516. Mr. HELMS submitted an amend- mittee on Foreign Relations of the Senate ment intended to be proposed by him to the ment intended to be proposed by him to the and the Committee on International Rela- bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on tions of the House of Representatives on the the table. the table. foreign policy implications of such termi- SA 1496. Mr. HELMS submitted an amend- SA 1517. Mr. HELMS submitted an amend- nation. Notice of the termination shall be ment intended to be proposed by him to the ment intended to be proposed by him to the published in the Federal Register. bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on the table. the table. SA 1483. Mr. HELMS submitted an SA 1497. Mr. HELMS submitted an amend- SA 1518. Mr. HELMS submitted an amend- amendment intended to be proposed by ment intended to be proposed by him to the ment intended to be proposed by him to the him to the bill S. 149, to provide au- bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on thority to control exports, and for the table. the table. other purposes; which was ordered to SA 1498. Mr. HELMS submitted an amend- SA 1519. Mr. HELMS submitted an amend- lie on the table; as follows: ment intended to be proposed by him to the ment intended to be proposed by him to the On page 210, beginning on line 13, strike all bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on through line 20, and insert the following: the table. the table. (1) CONSULTATION; REPORT.—The President SA 1499. Mr. HELMS submitted an amend- SA 1520. Mr. HELMS submitted an amend- shall consult with the Committee on Foreign ment intended to be proposed by him to the ment intended to be proposed by him to the Relations and the Committee on Banking, bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on Housing, and Urban Affairs of the Senate, the table. the table. and the Committee on International Rela- SA 1500. Mr. HELMS submitted an amend- SA 1521. Mr. HELMS submitted an amend- tions of the House of Representatives, re- ment intended to be proposed by him to the ment intended to be proposed by him to the garding any export control proposed under bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on this tile. The Secretary of State shall submit the table. the table. a report to the Committee on Foreign Rela- SA 1501. Mr. HELMS submitted an amend- SA 1522. Mr. HELMS submitted an amend- tions of the Senate and the Committee on ment intended to be proposed by him to the ment intended to be proposed by him to the International Relations of the House of Rep- bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on resentatives describing efforts to achieve or the table. the table. increase multilateral cooperation on the SA 1502. Mr. HELMS submitted an amend- SA 1523. Mr. HELMS submitted an amend- issues or problems underlying the proposed ment intended to be proposed by him to the ment intended to be proposed by him to the export control. bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on the table. the table. SA 1484. Mr. HELMS submitted an SA 1503. Mr. HELMS submitted an amend- SA 1524. Mr. HELMS submitted an amend- amendment intended to be proposed by ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on him to the bill S. 149, to provide au- the table. the table. thority to control exports, and for SA 1504. Mr. HELMS submitted an amend- SA 1525. Mr. HELMS submitted an amend- other purposes; which was ordered to ment intended to be proposed by him to the ment intended to be proposed by him to the lie on the table; as follows: bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on On page 207, line 3, strike ‘‘in consultation the table. the table. with’’ and insert ‘‘with the concurrence of’’. SA 1505. Mr. HELMS submitted an amend- SA 1526. Mr. HELMS submitted an amend- ment intended to be proposed by him to the ment intended to be proposed by him to the SA 1485. Mr. HELMS submitted an bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on amendment intended to be proposed by the table. the table. him to the bill S. 149, to provide au- SA 1506. Mr. HELMS submitted an amend- f thority to control exports, and for ment intended to be proposed by him to the bill S. 149, supra; which was ordered to lie on TEXT OF AMENDMENTS other purposes; which was ordered to the table. lie on the table; as follows: SA 1507. Mr. HELMS submitted an amend- SA 1481. Mr. THOMPSON proposed an On page 188, line 1, after the period insert ment intended to be proposed by him to the amendment to the bill S. 149, to pro- the following: ‘‘The Secretary shall provide bill S. 149, supra; which was ordered to lie on vide authority to control exports, and notice to Congress whenever the country the table. for other purposes; as follows: tiers are reassigned.’’.

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16331 SA 1486. Mr. HELMS submitted an forts to achieve or increase multilateral co- On page 325, beginning with line 6, strike amendment intended to be proposed by operation on the issues or problems under- all through line 9, and insert the following: him to the bill S. 149, to provide au- lying the proposed export control. (k) RELATIONSHIP TO THE AECA.—Nothing in this Act shall be construed to alter or af- thority to control exports, and for SA 1491. Mr. HELMS submitted an fect— other purposes; which was ordered to amendment intended to be proposed by (1) any provisions of the Arms Export Con- lie on the table; as follows: him to the bill S. 149, to provide au- trol Act; or On page 193, line 11, after ‘‘determine’’ in- thority to control exports, and for (2) any authority delegated by the Presi- sert ‘‘, with the concurrence of the Secre- other purposes; which was ordered to dent to the Secretary of State under the Arms Export Control Act. taries of State, Defense, and Energy,’’. lie on the table; as follows: SA 1487. Mr. HELMS submitted an On page 318, between lines 12 and 13, insert SA 1493. Mr. HELMS submitted an amendment intended to be proposed by the following: amendment intended to be proposed by him to the bill S. 149, to provide au- SEC. 702. CONGRESSIONAL NOTIFICATION. him to the bill S. 149, to provide au- (a) IN GENERAL.—The President shall thority to control exports, and for promptly notify the appropriate committees thority to control exports, and for other purposes; which was ordered to of Congress whenever an actual or alleged other purposes; which was ordered to lie on the table; as follows: violation of this Act has occurred that is lie on the table; as follows: On page 218, line 6, strike ‘‘on the date’’ likely to cause harm or damage to United On page 183, beginning on page 10, strike and all that follows through ‘‘Register’’ on States national security interests. all through line 14 and insert the following: line 7, and insert the following: ‘‘30 days (b) EXCEPTION.—The requirement in sub- (c) END USE AND END USER CONTROLS.— after the President has consulted with the section (a) shall not apply if the President Notwithstanding any other provision of this Committee on Foreign Relations of the Sen- determines that notification of the appro- Act, controls may be imposed, based on the ate and the Committee on International Re- priate committees of Congress under such end use or end user, on the export of any lations of the House of Representatives on paragraph would jeopardize an ongoing item, that could contribute to the prolifera- the foreign policy implications of such ter- criminal investigation. If the President tion of weapons of mass destruction or the mination. Notice of the termination shall be makes such a determination, the President means to deliver them. published in the Federal Register.’’. shall provide written notification of such de- (d) PROCEDURE FOR END USE CONTROLS.—To termination to the Speaker of the House of facilitate the proper exercise of the author- SA 1488. Mr. HELMS submitted an Representatives, the majority leader of the ity described in subsection (c) and the ability amendment intended to be proposed by Senate, the minority leader of the House of of the Department of Commerce and other Representatives, and the minority leader of him to the bill S. 149, to provide au- agencies to conduct cumulative effects anal- the Senate. The notification shall include a yses, the following procedures shall apply: thority to control exports, and for justification for the determination. (1) PRIOR APPROVAL OF EXPORTS AND REEX- other purposes; which was ordered to (c) IDENTIFICATION OF PERSONS SUBJECT TO PORTS.— lie on the table, as follows: INVESTIGATION.—The Secretary of Commerce (A) IN GENERAL.—The President shall not On page 188, line 3, after ‘‘Senate’’ insert ‘‘, and the Attorney General shall develop ap- permit any covered item to be exported or the Committee on Foreign Relations of the propriate mechanisms to identify, for the reexported to a covered country without a li- Senate,’’. purposes of processing export licenses, per- cense, if the Secretary of Commerce, the sons who are the subject of an investigation Secretary of Defense, the Secretary of En- SA 1489. Mr. HELMS submitted an for a violation described in this subsection. ergy, or the Secretary of State objects in (d) PROTECTION OF CLASSIFIED AND OTHER amendment intended to be proposed by writing to the export or reexport of the cov- SENSITIVE INFORMATION.—The appropriate ered item. Any person proposing to export or him to the bill S. 149, to provide au- committees of Congress shall ensure that ap- thority to control exports, and for reexport such an item (including replace- propriate procedures are in place to protect ment parts for any such item) shall notify other purposes; which was ordered to from unauthorized disclosure classified in- the Secretary of Commerce, who, within 24 lie on the table, as follows: formation, information relating to intel- hours after receiving the notification, shall On page 210, beginning on line 13, strike all ligence sources and methods, and sensitive transmit the notification to the Secretary of through line 20, and insert the following: law enforcement information that is fur- Defense, the Secretary of Energy, and the (1) CONSULTATION; REPORT.—The President nished to those committees pursuant to this Secretary of State. shall consult with the Committee on Foreign section. (B) TIME LIMIT.—If the Secretary of De- Relations and the Committee on Banking, (e) STATUTORY CONSTRUCTION.—Nothing in fense, the Secretary of Energy, or the Sec- Housing, and Urban Affairs of the Senate, this section shall be construed to modify or retary of State, objects to the export or reex- and the Committee on International Rela- supersede any other requirement to report port of a covered item, the Secretary shall tions of the House of Representatives, re- information on intelligence activities to file the objections in writing within 10 days garding any export control proposed under Congress, including the requirement under after the notification is received under sub- this title. The Secretary of State shall sub- section 501 of the National Security Act of paragraph (A). If such a written objection to mit a report to the Committee on Foreign 1947 (50 U.S.C. 413). the export or reexport of an item is filed, the (f) ROLE OF COMMITTEE ON FOREIGN RELA- Relations of the Senate and the Committee item may be exported or reexported only TIONS.—Any requirement in title II, III, or V on International Relations of the House of pursuant to a license issued by the Secretary to consult with, brief, or report to the Com- Representatives describing efforts to achieve of Commerce under the Export Administra- mittee on Banking, Housing, and Urban Af- or increase multilateral cooperation on the tion Regulations of the Department of Com- fairs of the Senate shall also apply to the issues or problems underlying the proposed merce, without regard to the licensing ex- Committee on Foreign Relations of the Sen- export control. ceptions otherwise authorized under section ate. 740.7 of title 15, Code of Federal Regulations, SA 1490. Mr. HELMS submitted an (g) DEFINITION.—In this section, the term ‘‘appropriate committees of Congress’’ as in effect on June 10, 1997. If no objection amendment intended to be proposed by means the following: is filed within the 10-day period, the export him to the bill S. 149, to provide au- (1) The Committee on Armed Services, the or reexport shall be allowed. thority to control exports, and for Committee on Foreign Relations, the Com- (2) EXCEPTION.—The notification require- other purposes; which was ordered to mittee on Governmental Affairs, the Com- ments described in paragraph (1) shall not apply to a covered item, if— lie on the table, as follows: mittee on Banking, Housing, and Urban Af- fairs, and the Select Committee on Intel- (A) the Secretary of Commerce determines On page 210, beginning on line 13, strike all that the requirements should not apply and through line 20, and insert the following: ligence of the Senate. (2) The Committee on Armed Services, the the Secretaries of State, Defense, Energy, (1) REQUIREMENT.—The President shall con- Committee on International Relations, and and the Treasury, and the Director of Cen- sult with the Committees on Foreign Rela- the Permanent Select Committee on Intel- tral Intelligence, concur; and tions Banking, Housing, and Urban Affairs of ligence of the House of Representatives. (B) the item has not been included on the the Senate, and the Committee on Inter- Commerce Control List or the National Se- national Relations of the House of Rep- SA 1492. Mr. HELMS submitted an curity Control List for at least 5 years. resentatives regarding any export control amendment intended to be proposed by (3) DEFINITIONS.—In this subsection: proposed under this title. The Secretary of (A) COVERED COUNTRY.— State shall report separately to the Com- him to the bill S. 149, to provide au- (i) IN GENERAL.—The term ‘‘covered coun- mittee on Foreign Relations of the Senate thority to control exports, and for try’’ means any country explicitly identified and the Committee on International Rela- other purposes; which was ordered to by the Director of Central Intelligence as a tions of the House of Representatives on ef- lie on the table; as follows: recipient, source, or supplier of dual-use and

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16332 CONGRESSIONAL RECORD—SENATE September 4, 2001 other technology in the most recent report (1) VIOLATIONS BY AN INDIVIDUAL.—Any in- him to the bill S. 149, to provide au- required under section 721 of the Intelligence dividual who knowingly violates, conspires thority to control exports, and for Authorization Act for Fiscal Year 1997 (or to violate, or attempts to violate any provi- other purposes; which was ordered to any successor report on the acquisition by sion of this Act or any regulation, license, or lie on the table; as follows: foreign countries of dual-use and other tech- order issued under this Act shall be fined up nology useful for the development or produc- to 10 times the value of the exports involved On page 222, after line 4, insert the fol- tion of weapons of mass destruction). Any or $1,000,000, whichever is greater, impris- lowing: country that was identified in a report re- oned for not more than 10 years, or both, for SEC. 311. DESIGNATION OF COUNTRIES IDENTI- quired under such section 721, but is not FIED AS KEY PROLIFERATOR each violation. STATES. identified in subsequent reports, shall con- (2) VIOLATIONS BY A PERSON OTHER THAN AN A license shall be required under this Act tinue to be considered a covered country for INDIVIDUAL.—Any person other than an indi- to export an item to any country that has purposes of this title until the country is not vidual who knowingly violates, conspires to been identified by the Director of Central In- identified in the report for 5 consecutive violate, or attempts to violate any provision telligence as a source or supplier of dual-use years. of this Act or any regulation, license, or (ii) INITIAL COUNTRIES.—On the date of en- and other technologies in the most recent re- order issued under this Act shall be fined up port required under section 721 of the Intel- actment of this Act, China, Russia, North to 10 times the value of the exports involved Korea, Iran, Iraq, Syria, Sudan, Libya, India, ligence Authorization Act for Fiscal Year or $10,000,000, whichever is greater, for each 1997 (or any successor report regarding the Pakistan, and Egypt shall be considered cov- violation. ered countries for purposes of this title and acquisition by foreign countries of dual-use (b) FORFEITURE OF PROPERTY INTEREST AND shall continue to be considered covered and other technologies that can be used for PROCEEDS.— the development or production of weapons of countries pursuant to clause (i). (1) FORFEITURE.—Any person who is con- (B) COVERED ITEM.—The term ‘‘covered mass destruction). victed under paragraph (1) or (2) of sub- item’’ means any item that was removed section (a) shall, in addition to any other from the Commerce Control List or the Na- SA 1499. Mr. HELMS submitted an penalty, forfeit to the United States— tional Security Control List after January 1, amendment intended to be proposed by (A) any of that person’s security or other 1992 (including computers with a composite interest in, claim against, or property or him to the bill S. 149, to provide au- theoretical performance level of more than contractual rights of any kind in the tan- thority to control exports, and for 6,500 MTOPS), and any item listed on the gible items that were the subject of the vio- other purposes; which was ordered to Commerce Control List or the National Se- lation; lie on the table; as follows: curity Control List. (B) any of that person’s security or other (4) REPORT.—Not later than February 1 of Beginning on page 177, line 22, strike all interest in, claim against, or property or each year, the Director of Central Intel- through page 178, line 21 and insert the fol- ligence, with the assistance of the Secre- contractual rights of any kind in the tan- lowing: taries of State, Defense, Energy, and Com- gible property that was used in the export or (b) CONSULTATION WITH PERSONS AF- merce, shall report to Congress on the cumu- attempt to export that was the subject of the FECTED.—The Secretary shall consult regu- lative effects and national security implica- violation; and larly with representatives of a broad spec- (C) any of that person’s property consti- tions of exporting and reexporting covered trum of enterprises, labor organizations, items to covered countries. tuting, or derived from, any proceeds ob- nonproliferation and national security ex- tained directly or indirectly as a result of perts, and citizens interested in or affected SA 1494. Mr. HELMS submitted an the violation. by export controls in order to obtain their amendment intended to be proposed by (2) PROCEDURES.—The procedures in any views on United States export control policy forfeiture under this subsection, and the du- him to the bill S. 149, to provide au- and the foreign availability or mass-market ties and authority of the courts of the United status of controlled items. thority to control exports, and for States and the Attorney General with re- SEC. 104. RIGHT OF EXPORT. other purposes; which was ordered to spect to any forfeiture action under this sub- No license or other authorization to export lie on the table; as follows: section, or with respect to any property that may be required under this Act, or under On page 209, beginning on line 1, strike all may be subject to forfeiture under this sub- regulations issued under this Act, except to through line 9, and insert the following: section, shall be governed by the provisions carry out the provisions of this Act. (A) there is a threat to a foreign policy in- of chapter 46 of title 18, United States Code SEC. 105. EXPORT CONTROL ADVISORY COMMIT- terest of the United States; and (relating to criminal forfeiture), to the same TEES. (B) the prohibition of exports under each extent as property subject to forfeiture (a) APPOINTMENT.—Upon the Secretary’s binding contract, agreement, commitment, under that chapter. own initiative or upon the written request of license, or authorization will be instru- (c) CIVIL PENALTIES; ADMINISTRATIVE SANC- representatives of a substantial segment of mental in remedying the situation posing TIONS.— any industry which produces any items sub- the threat. (1) CIVIL PENALTIES.—The Secretary may ject to export controls under this Act or impose a civil penalty of up to $1,000,000 for being considered for such controls, the Sec- SA 1495. Mr. HELMS submitted an each violation of a provision of this Act or retary may appoint export control advisory amendment intended to be proposed by any regulation, license, or order issued under committees with respect to any such items. him to the bill S. 149, to provide au- this Act. A civil penalty under this para- Each such committee shall consist of rep- thority to control exports, and for graph may be in addition to, or in lieu of, resentatives of United States industry and other purposes; which was ordered to any other liability or penalty which may be Government officials, including officials lie on the table, as follows: imposed for such a violation. from the Departments of Commerce, De- fense, and State, and other appropriate de- On page 176, beginning on line 7, strike all SA 1497. Mr. HELMS submitted an through line 11, and insert the following: partments and agencies of the Government. (1) The Secretary determines that such li- amendment intended to be proposed by The Secretary shall permit the widest pos- cense is required to export such parts; him to the bill S. 149, to provide au- sible participation by the business commu- (2) The Secretary of State and the Sec- thority to control exports, and for nity and nonproliferation and national secu- retary of Defense determine that such serv- other purposes; which was ordered to rity experts on the export control advisory ice or parts should be controlled for national lie on the table, as follows: committees. security or foreign policy reasons under this On page 176, beginning on line 7, strike all Act; or SA 1500. Mr. HELMS submitted an (3) the after-market service or replacement through line 11, and insert the following: amendment intended to be proposed by (1) the Secretary determines that such li- parts would materially enhance the capa- him to the bill S. 149, to provide au- bility of an item which was the basis for the cense is required to export such parts; (2) the Secretary of State and the Sec- thority to control exports, and for item being controlled. retary of Defense determine that such serv- other purposes; which was ordered to SA 1496. Mr. HELMS submitted an ice or parts should be controlled for national lie on the table; as follows: amendment intended to be proposed by security or foreign policy reasons under this On page 235, beginning on line 13, strike all him to the bill S. 149, to provide au- Act; or through line 25, and insert the following: (3) the after-market service or replacement (b) INTERAGENCY DISPUTE RESOLUTION thority to control experts, and for parts would materially enhance the capa- PROCESS.— other purposes; which was ordered to bility of an item which was the basis for the (1) INITIAL RESOLUTION.—The duties de- lie on the table; as follows: item being controlled. scribed in this subsection shall rotate each On page 255, beginning with line 12, strike year among the Secretaries of Defense, all through page 257, line 13, and insert the SA 1498. Mr. HELMS submitted an State, and Commerce. The appropriate Sec- following: amendment intended to be proposed by retary shall establish, select the chairperson

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16333 of, and determine procedures for an inter- (i) economic analysis; SA 1508. Mr. HELMS submitted an agency committee to review initially all li- (ii) the defense industrial base; amendment intended to be proposed by cense applications described in subsection (a) (iii) technological developments; (iv) nonproliferation; and him to the bill S. 149, to provide au- with respect to which the Department of thority to control exports, and for Commerce and any of the referral depart- (v) national security and foreign policy ex- ments and agencies are not in agreement. port controls. other purposes; which was ordered to (B) DETAILEES.—In addition to employees The chairperson shall consider the positions lie on the table; as follows: of the Department of Defense, the Secretary of all the referral departments and agencies may accept on nonreimbursable detail to the On page 198, line 2, strike ‘‘con- (which shall be included in the minutes de- Office, employees of the Department of Com- stitutes’’ and insert ‘‘could con- scribed in subsection (c)(2)) and make a deci- merce, State, and Energy and other depart- stitute’’. sion on the license application, including ap- ments and agencies as appropriate. propriate revisions or conditions thereto. SA 1509. Mr. HELMS submitted an SA 1505. Mr. HELMS submitted an SA 1501. Mr. HELMS submitted an amendment intended to be proposed by amendment intended to be proposed by amendment intended to be proposed by him to the bill S. 149, to provide au- him to the bill S. 149, to provide au- him to the bill S. 149, to provide au- thority to control exports, and for thority to control exports, and for thority to control exports, and for other purposes; which was ordered to other purposes; which was ordered to lie on the table; as follows: other purposes; which was ordered to lie on the table; as follows: lie on the table; as follows: On page 183, line 20, strike ‘‘would con- On page 298, line 15, after the period, insert stitute a significant threat’’ and insert Beginning on page 200, line 9, strike all the following: ‘‘The computer system shall ‘‘could constitute a threat’’. through page 201, line 13. be fully capable of completing, in a timely and comprehensive manner, a cumulative ef- SA 1502. Mr. HELMS submitted an SA 1510. Mr. HELMS submitted an fects analysis of controlled items that are amendment intended to be proposed by amendment intended to be proposed by approved or not approved for export. The him to the bill S. 149, to provide au- him to the bill S. 149, to provide au- analysis shall include an examination of how thority to control exports, and for thority to control exports, and for such items could collectively enhance a other purposes; which was ordered to country’s military modernization or con- other purposes; which was ordered to lie on the table; as follows: tribute to the proliferation of weapons of lie on the table; as follows: On page 186, after line 25, insert the fol- mass destruction, ballistic missiles, and ad- On page 207, beginning with line 20, strike lowing: vanced conventional weapons.’’. all through page 208, line 4. (d) REMOVAL FROM NATIONAL SECURITY SA 1506. Mr. HELMS submitted an CONTROL LIST.—If the Secretary of Com- SA 1511. Mr. HELMS submitted an merce, with the concurrence of the Secre- amendment intended to be proposed by amendment intended to be proposed by taries of State and Defense and in consulta- him to the bill S. 149, to provide au- him to the bill S. 149, to provide au- tion with the Secretary of Energy and the thority to control exports, and for thority to control exports, and for Director of Central Intelligence, determines other purposes; which was ordered to other purposes; which was ordered to an item no longer warrants export control, lie on the table; as follows: lie on the table; as follows: the item shall be removed from the National On page 312, beginning on line 9, strike all On page 219, lines 7 and 8, strike ‘‘signifi- Security Control List. through page 313, line 3, and insert the fol- cant’’. (e) COMMENT AND REVIEW BY DEFENSE, lowing: STATE, AND ENERGY.—The Secretaries of De- (2) AVAILABILITY TO CONGRESS— SA 1512. Mr. HELMS submitted an fense, State, and Energy may review and (A) IN GENERAL.—Any information ob- identify, on a continuing basis, items which tained at any time under this title or under amendment intended to be proposed by should be considered for the national Secu- any predecessor Act regarding the control of him to the bill S. 149, to provide au- rity Control List, and initiate action for the exports, including any report or license ap- thority to control exports, and for consideration of the items identified. plication required under this title, shall be other purposes; which was ordered to made available to any Member, committee, lie on the table; as follows: SA 1503. Mr. HELMS submitted an or subcommittee of Congress of appropriate amendment intended to be proposed by On page 190, between lines 14 and 15, insert jurisdiction upon the request of the chair- the following: him to the bill S. 149, to provide au- man or ranking minority member of such (11) The extent to which a country, pursu- thority to control exports, and for committee or subcommittee. ant to its national legislation, controls ex- (B) PROHIBITION ON FURTHER DISCLOSURE.— other purposes; which was ordered to ports consistent with the criteria and stand- No committee, subcommittee, or Member of ards of relevant multilateral export control lie on the table; as follows: Congress shall disclose any information ob- regimes. On page 214, line 23, strike ‘‘2’’ and insert tained under this Act or any predecessor Act ‘‘4’’. regarding the control of exports which is Mr. HELMS submitted an submitted on a confidential basis to Con- SA 1513. SA 1504. Mr. HELMS submitted an gress under subparagraph (A), unless amendment intended to be proposed by amendment intended to be proposed by (i) the full committee to which the infor- him to the bill S. 149, to provide au- him to the bill S. 149, to provide au- mation is made available determines that thority to control exports, and for thority to control exports, and for the withholding of the information is con- other purposes; which was ordered to other purposes; which was ordered to trary to the national interest; or lie on the table; as follows: (ii) the information is disclosed— lie on the table; as follows: (I) to a third party that is not in commer- On page 198, beginning on line 1, strike all On page 203, beginning with line 6, strike cial competition with an entity identified in through line 14, and insert the following: all through page 204, line 6, and insert the the information; ‘‘(i) that the absence of export controls following: (II) for the purpose of conducting a na- with respect to an item could prove detri- (1) ESTABLISHMENT OF OFFICE.—The Sec- tional security analysis, risk assessment, or mental to the national security of the retary of Defense shall establish in the De- cumulative effects analysis of the items United States or result in a failure by the partment of Defense an Office of Technology identified in the information; and United States to adhere to its obligations or Evaluation (in this section referred to as the (III) a confidentiality agreement to protect commitments under an international agree- ‘‘Office’’), which shall be under the direction all licensing information from release is en- ment or arrangement; or of the Secretary. The Office shall be respon- tered into by the third party. ‘‘(ii) United States controls on the item sible for gathering, coordinating, and ana- have been imposed under section 309,’’. lyzing all the necessary information in order SA 1507. Mr. HELMS submitted an for the Secretary of Defense to make deter- amendment intended to be proposed by SA 1514. Mr. HELMS submitted an minations of foreign availability and mass- him to the bill S. 149, to provide au- amendment intended to be proposed by market status under this Act. thority to control exports, and for him to the bill S. 149, to provide au- (2) STAFF.— thority to control exports, and for (A) IN GENERAL.—The Secretary of Defense other purposes; which was ordered to shall ensure that the Office include persons lie on the table; as follows: other purposes; which was ordered to to carry out the responsibilities set forth in On page 201, line 20, strike ‘‘constitutes a lie on the table; as follows: subsection (b) of this section that have train- serious threat’’ and insert ‘‘could constitute On page 207, between lines 19 and 20, insert ing, expertise, and experience in— a threat’’. the following:

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 16334 CONGRESSIONAL RECORD—SENATE September 4, 2001 (4) To use export controls to deter and pun- other purposes; which was ordered to SA 1525. Mr. HELMS submitted an ish illicit acts of narcotic and psychotropic lie on the table; as follows: amendment intended to be proposed by drug trafficking and production, and to en- On page 318, line 2, strike ‘‘and’’ through him to the bill S. 149, to provide au- courage countries to take immediate steps ‘‘(15)’’ on line 3, and insert the following: thority to control exports, and for to prevent the use of their country to aid, ‘‘(15) a national security analysis, risk as- encourage, or give sanctuary to those per- other purposes; which was ordered to sessment, and cumulative effects analyses of sons involved in acts of illicit narcotic or lie on the table; as follows: items being shipped to tier 3 and tier 4 coun- psychotropic drug trafficking. On page 186, strike lines 8 through 15, and tries, as well as all countries identified by insert the following: the Director of Central Intelligence in the Mr. HELMS submitted an (C) The controllability of the item and the SA 1515. most recent report required under section 721 effectiveness of controls for national secu- amendment intended to be proposed by of the Intelligence Authorization Act for fis- rity purposes of the United States. him to the bill S. 149, to provide au- cal year 1997 (or any successor report) on the (D) The threat to the national security in- thority to control exports, and for acquisition and supply by foreign countries terests of the United States if the item is not other purposes; which was ordered to of dual-use items and other technology use- controlled. ful for the development or production of lie on the table; as follows: (E) Any other appropriate risk factors. On page 218, beginning on line 11, strike weapons of mass destruction; and ‘‘(16)’’. ‘‘and except as provided in section 304,’’. SA 1526. Mr. HELMS submitted an amendment intended to be proposed by SA 1516. Mr. HELMS submitted an SA 1521. Mr. HELMS submitted an amendment intended to be proposed by him to the bill S. 149, to provide au- amendment intended to be proposed by thority to control exports, and for him to the bill S. 149, to provide au- him to the bill S. 149, to provide au- thority to control exports, and for other purposes; which was ordered to thority to control exports, and for lie on the table; as follows: other purposes; which was ordered to other purposes; which was ordered to lie on the table; as follows: On page 235, line 4, strike: ‘‘(2) OTHER IN- lie on the table; as follows: QUIRIES.—’’ and insert: On page 180, after line 23, insert the fol- On page 324, beginning on line 21, strike all ‘‘(2) IMPROPER CLASSIFICATIONS.—If the Sec- lowing new subsection: through page 325, line 5. retary of Defense or the Secretary of State (f) CERTAIN APPOINTMENTS.—Any appoint- determines that the Secretary of Commerce ment made under subsection (a) to an export SA 1517. Mr. HELMS submitted an has issued an improper classification, such a control advisory committee relating to an amendment intended to be proposed by classification shall be deemed null and void item that must be controlled pursuant to a and the Secretary of Commerce shall notify him to the bill S. 149, to provide au- United States obligation under an inter- the exporter of this result. thority to control exports, and for national agreement or arrangement shall be ‘‘(3) OTHER INQUIRIES.—’’. other purposes; which was ordered to made only with the concurrence of the Sec- lie on the table; as follows: retary of State and the Secretary of Defense. f On page 206, between lines 12 and 13, insert AUTHORITY FOR COMMITTEES TO the following: SA 1522. Mr. HELMS submitted an MEET SEC. 215. WAIVER. amendment intended to be proposed by SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT The President may waive any restriction him to the bill S. 149, to provide au- AND THE COURTS imposed under this Act if the President cer- thority to control exports, and for tifies to Congress that it is in the national other purposes; which was ordered to Mr. SARBANES. Mr. President, I ask security interest of the United States to do lie on the table; as follows: unanimous consent that the Com- so. On page 318, strike ‘‘and’’ on line 2 and all mittee on the Judiciary Subcommittee that follows through line 7, and insert the on Administrative Oversight and the SA 1518. Mr. HELMS submitted an following: Courts be authorized to meet to con- amendment intended to be proposed by (15) any other reports required by this Act duct a hearing on Tuesday, September him to the bill S. 149, to provide au- to be submitted to the Committee on Bank- 4, 2001, at 2 p.m. in Dirksen 226. thority to control exports, and for ing, Housing, and Urban Affairs of the Sen- The PRESIDING OFFICER. Without other purposes; which was ordered to ate and the Committee on International Re- objection, it is so ordered. lations of the House of Representatives; and lie on the table; as follows: f (16) upon request, all Department of Com- On page 196, between lines 20 and 21, insert merce information shall be provided to all the following: PRIVILEGES OF THE FLOOR participants in the interagency process. (3) HIGH PERFORMANCE COMPUTERS.—In any Mr. ENZI. Mr. President, I ask unani- case in which a mass-market status or for- SA 1523. Mr. HELMS submitted an mous consent that Cara Calvert, a new eign availability status determination is legislative assistant on my staff, be made for a high-performance computer amendment intended to be proposed by which otherwise would be subject to the pro- him to the bill S. 149, to provide au- given floor privileges during the re- visions of section 1211 of the National De- thority to control exports, and for mainder of this debate. fense Authorization Act for Fiscal Year 1998, other purposes; which was ordered to The PRESIDING OFFICER. Without the Secretary’s determination under this lie on the table; as follows: objection, it is so ordered. title shall become effective only upon com- On page 206, after line 12, insert the fol- f pliance with the procedures set forth in sec- lowing: TITLE AMENDMENT TO S. 491 tion 1211(d) of the Act, as amended. (e) MEMBERSHIP.—The Office shall be equally represented by employees of the De- Mr. REID. Madam President, I ask SA 1519. Mr. HELMS submitted an partments of State, Commerce, Defense, and unanimous consent that the title amendment intended to be proposed by Energy. amendment, which is at the desk, to S. him to the bill S. 149, to provide au- (f) DEPUTY ADMINISTRATORS.—The Deputy 491, as previously passed the Senate, be thority to control exports, and for Administrator of the Office shall rotate on agreed to and the motion to reconsider an annual basis between an employee of the other purposes; which was ordered to be laid upon the table. lie on the table; as follows: Department of State and an employee of the Department of Defense. The PRESIDING OFFICER (Ms. On page 180, lines 11 through 13, strike ‘‘in STABENOW). Without objection, it is so conjunction with other departments and SA 1524. Mr. HELMS submitted an ordered. agencies participating in the administration The amendment was agreed to, as fol- of this Act’’ and insert ‘‘with the concur- amendment intended to be proposed by rence of the department or agency that him to the bill S. 149, to provide au- lows: ‘‘A bill to authorize the Sec- originated the information’’. thority to control exports, and for retary of the Interior, pursuant to the other purposes; which was ordered to provisions of the Reclamation Waste- SA 1520. Mr. HELMS submitted an lie on the table; as follows: water and Groundwater Study and Fa- amendment intended to be proposed by On page 189, line 19, strike all beginning cilities Act to participate in the de- him to the bill S. 149, to provide au- with ‘‘if a NATO or’’ through ‘‘1986,’’ on line sign, planning, and construction of the thority to control exports, and for 22. Denver Water Reuse project.’’

VerDate Aug 04 2004 08:21 Apr 11, 2005 Jkt 039102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR01\S04SE1.002 S04SE1 September 4, 2001 CONGRESSIONAL RECORD—SENATE 16335 ORDERS FOR WEDNESDAY, DEPARTMENT OF DEFENSE IN THE MEDICAL CORPS (MC) UNDER TITLE 10, U.S.C., SECTION 624: SEPTEMBER 5, 2001 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND To be major Mr. REID. Madam President, I ask APPOINTMENT TO THE GRADE INDICATED WHILE AS- JEFFREY S. CAIN, 0000 MC unanimous consent that when the Sen- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- RYUNG SUH, 0000 MC BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 152: ate completes its business today, it ad- IN THE MARINE CORPS To be general journ until the hour of 10 a.m. tomor- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT row, Wednesday, September 5. I further GEN. RICHARD B. MYERS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ask unanimous consent that on AS THE VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF To be colonel Wednesday, immediately following the AND APPOINTMENT TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- RICHARD W. BRITTON, 0000 prayer and the pledge, the Journal of SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 152: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT proceedings be approved to date, the To be general TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: morning hour be deemed expired, the GEN. PETER PACE time for the two leaders be reserved for To be colonel IN THE AIR FORCE their use later in the day, and the Sen- SAMUEL E. FERGUSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ate resume consideration of the Export IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE NAVY Administration bill. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without 601: TO THE GRADE INDICATED IN THE UNITED STATES NAVY objection, it is so ordered. UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant general To be commander f LT. GEN. CHARLES F. WALD, 0000 RAYMOND E MOSES JR., 0000 PROGRAM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Mr. REID. Madam President, tomor- UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: row the Senate, as indicated, will con- IN THE ARMY To be lieutenant commander vene at 10 in the morning. There will To be brigadier general JOHNNY R ADAMS, 0000 be no morning business. The Senate COL. ELDER GRANGER, 0000 ELIZABETH M ADRIANO, 0000 will recess tomorrow, on Wednesday, COL. GEORGE W. WEIGHTMAN, 0000 RICKIE V ADSIDE, 0000 MARIA AGUSTIN, 0000 which is different than our usual Tues- THE FOLLOWING NAMED OFFICER FOR MOHAMMED S AHMED, 0000 day recesses, from 12:30 to 2:15 for our APPOINTMENT AS THE ASSISTANT HORACE D ALEXANDER, 0000 BELINA R ALFONSO, 0000 weekly party conferences. JUDGE ADVOCATE GENERAL, UNITED FELIX A ALFONSO, 0000 f STATES ARMY AND FOR APPOINTMENT ADDIE ALKHAS, 0000 TO THE GRADE INDICATED UNDER DENNIS P ALLEN, 0000 ADJOURNMENT UNTIL 10 A.M. EVANGELINE F ALLEN, 0000 TITLE 10, U.S.C. SECTION 3037: JANINE D ALLEN, 0000 TOMORROW To be major general RACHEL H ALLEN, 0000 TIMOTHY L ALLEN, 0000 Mr. REID. Madam President, if there BRIG. GEN. MICHAEL J. MARCHAND, 0000 ALEJANDRO ALVARADO, 0000 is no further business to come before ERIC C AMESBURY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN P ANCONA, 0000 the Senate, I ask unanimous consent AS THE JUDGE ADVOCATE GENERAL, UNITED STATES MICHAEL R ANCONA, 0000 the Senate stand in adjournment under ARMY AND FOR APPOINTMENT TO THE GRADE INDI- ROBIN L ANDERSEN, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 3037: CHRIS A ANDERSON, 0000 the previous order. To be major general CYNTHIA J ANDERSON, 0000 There being no objection, the Senate, KEITH A APPLEGATE, 0000 BRIG. GEN. THOMAS J. ROMIG, 0000 LYNN K ARCARA, 0000 at 6:07 p.m., adjourned until Wednes- JUAN C ARGUELLO, 0000 day, September 5, 2001, at 10 a.m. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF PAUL B ARP, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO APOSTOLOS ARVANITIS, 0000 NOMINATIONS THE GRADE INDICATED IN THE RESERVE OF THE ARMY NORMOND AUZINS, 0000 Executive nominations received by UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 1211: ERIC J BACH, 0000 To be colonel RODERICK A BACHO, 0000 the Senate September 4, 2001: CINDY M BAGGOTT, 0000 CHRISTOPHER P. AIKEN, 0000 RONALD M V BAJET, 0000 DEPARTMENT OF COMMERCE ALBERT R BAKER, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF PHILLIP BOND, OF VIRGINIA, TO BE UNDER SECRETARY ANDREW B BAKER, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO DARRELL A BAKER, 0000 OF COMMERCE FOR TECHNOLOGY, VICE CHERYL SHAV- THE GRADE INDICATED IN THE RESERVE OF THE ARMY ERS, RESIGNED. LEAF A BALLAST, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LAWRENCE L BANGERT, 0000 DEPARTMENT OF THE INTERIOR To be colonel CRAIG M BANULL, 0000 MOSTAFA G BARAKZOY, 0000 HAROLD CRAIG MANSON, OF CALIFORNIA, TO BE AS- RODNEY D. MCKITRICK II, 0000 SEAN P BARBABELLA, 0000 SISTANT SECRETARY FOR FISH AND WILDLIFE, VICE PAUL M BARFKNECHT, 0000 KENNETH LEE SMITH. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ANTHONY A BARGER, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO DEPARTMENT OF STATE JENNIFER A BARKER, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY ROBIN L BARNES, 0000 ROY L. AUSTIN, OF PENNSYLVANIA, TO BE AMBAS- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: WILLIAM M BARRETT, 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF To be colonel GREGORY R BART, 0000 THE UNITED STATES OF AMERICA TO TRINIDAD AND TO- DONNA M BARTEE, 0000 BAGO. RANDY J. SMEENK, 0000 KEVIN J BARTOE, 0000 RAYMOND F. BURGHARDT, OF FLORIDA, A CAREER LAURA A BARTON, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RAYMOND R BATZ, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE UNITED STATES OFFICERS JOHN D BAUER, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES FOR APPOINTMENT TO THE GRADE INDI- WILLIE H BEALE, 0000 OF AMERICA TO THE SOCIALIST REPUBLIC OF VIETNAM. WILLIAM A BECKMAN, 0000 FRANKLIN PIERCE HUDDLE, JR., OF CALIFORNIA, A CA- CATED IN THE RESERVE OF THE ARMY DANIEL J BELISLE, 0000 REER MEMBER OF THE SENIOR FOREIGN SERVICE, UNDER TITLE 10, U.S.C., SECTIONS 12203 KEDRICK M BELLAMY, 0000 CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR TIMOTHY L BENESH, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE AND 12211: JAMES P BENOIT, 0000 UNITED STATES OF AMERICA TO THE REPUBLIC OF To be colonel ANTONY BERCHMANZ, 0000 TAJIKISTAN. FREDERICK W BERG, 0000 LAURA E. KENNEDY, OF NEW YORK, A CAREER MEMBER DANIEL T. LESLIE, 0000 JERRY L BERMAN, 0000 OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- WILLIAM C. WILLING, 0000 MICHAEL B BEZA, 0000 SELOR, TO BE AMBASSADOR EXTRAORDINARY AND RICHARD L BIGGS, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DERRICK M BILLINGS, 0000 TO TURKMENISTAN. TO THE GRADE INDICATED IN THE UNITED STATES LARRY D BLACK, 0000 KEVIN JOSEPH MCGUIRE, OF MARYLAND, A CAREER ARMY, ARMY MEDICAL (MC) AND DENTAL CORPS (DE) CLIFFORD A BLUMENBERG, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF UNDER TITLE 10, U.S.C., SECTION 624: GREGOR S BO, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be lieutenant colonel MATTHEW E BOLAND, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JENNIFER H BOLDUC, 0000 OF AMERICA TO THE REPUBLIC OF NAMIBIA. ANGELO RIDDICK, 0000 RICHARD A BONNETTE, 0000 PAMELA HYDE SMITH, OF WASHINGTON, A CAREER GREGORY L BOOTH, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF To be major CHARLES BOWERS, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- CLETUS A. ARCIERO, 0000 MC DORIS T BOWERS, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THOMAS K. JOSEPH, 0000 MC DENNIS P BOYLE, 0000 OF AMERICA TO THE REPUBLIC OF MOLDOVA. HEKYUNG L. JUNG, 0000 DE CHAD BRADFORD, 0000 RONALD WEISER, OF MICHIGAN, TO BE AMBASSADOR SUSANNE M BRADFORD, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER J BRAINARD, 0000 UNITED STATES OF AMERICA TO THE SLOVAK REPUBLIC. TO THE GRADE INDICATED IN THE UNITED STATES ARMY FREDERICK R BRANDON, 0000

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AMY H BRANSTETTER, 0000 KEVIN A DORRANCE, 0000 JULIE M HILLERY, 0000 KURT R BRATZLER, 0000 ROY A DRAKE, 0000 STACY M HOCKETT, 0000 STEPHEN C BRAWLEY, 0000 TIMOTHY P DUDLEY, 0000 DAVID F HOEL, 0000 SUZANNE M BREEN, 0000 NATHAN C DUFFY, 0000 NANCY E HOLMES, 0000 DOUGLAS M BRIDGES, 0000 DOUGLAS D DUNCAN, 0000 REID D HOLTZCLAW, 0000 TRACY L BROMMEL, 0000 DAVID W DURKOVICH, 0000 SUEZANE L HOLTZCLAW, 0000 BRYAN M BROOKS, 0000 TIMOTHY W DWYER, 0000 MICHAEL H HOROWITZ, 0000 REBEKAH R BROOKS, 0000 DAVID W EGGE, 0000 TINA G HORTH, 0000 JEFFREY C BROWN, 0000 SEAN M EGGE, 0000 DAVID K HOWELL, 0000 NANETTE K BROWN, 0000 DUANE A EGGERT, 0000 TIMOTHY E HUBER, 0000 TRACY T BROWN, 0000 KAREN L EGGLESTON, 0000 SHARI D HULBERT, 0000 JOSEPH E BROWNING, 0000 CHRISTOPHER G EIFERT, 0000 CHARLES R HULETT, 0000 ROBERT F BROWNING JR., 0000 CHRISTINA E ELDREDGE, 0000 MICHAEL R HULL JR., 0000 JUANITO R BUCKLEY, 0000 JOHN M ELLWOOD, 0000 ANTHONY R HUNT, 0000 JEFFREY S BUDGE, 0000 JAMES A ELLZY, 0000 CHONG HUNTER, 0000 TERESA M BUECHE, 0000 JOHN E ELSNER, 0000 CHARLES E HURST, 0000 RICHARD C BUELL, 0000 LYNN EMERSON, 0000 DAVID C HUTZEL, 0000 GERALD F BURCH, 0000 GREGORY T ENGEL, 0000 THOMAS M JACKS, 0000 ERIC H BURKS, 0000 ELIZABETH M ENGELMAN, 0000 DONALD A JACKSON, 0000 PATRICK A BURSON, 0000 LORRAINE A ENGLISH, 0000 GRACE E JACKSON, 0000 RALPH E BUTLER, 0000 CARMA J ERICKSON, 0000 HYUNG M JACKSON, 0000 DAVID O BYNUM, 0000 STEVEN J ESCOBAR, 0000 KEVIN M JACKSON, 0000 RICARDO BYRDSONG, 0000 STEVEN C ESHENAUR, 0000 MARY K JACKSON, 0000 TODD W CAHOON, 0000 ROBERT L EZELLE JR., 0000 STEPHEN B JACKSON, 0000 DAVID A CALDERWOOD, 0000 DENNIS J FAIX, 0000 MARY E JACOBS, 0000 RWANDA D CAMPBELL, 0000 MICHAEL A FAVATA, 0000 MARK A JANCZAKOWSKI, 0000 NEIL E CANBY, 0000 CHERYL L FEARS, 0000 WILLIAM M JANKOWSKI, 0000 MICHAEL P CAPUANO, 0000 KENNETH FINLEY, 0000 MATTHEW T JANZOW, 0000 MICHAEL E CARDENAS, 0000 MARK E FLEMING, 0000 BENJAMIN E JENKINS, 0000 REBECCA S CARLIN, 0000 DAVID A FLORIN, 0000 TIMOTHY P JENNINGS, 0000 JOHN D CARLSON, 0000 JOSEPH P FLOTT, 0000 NISHITH K JOBANPUTRA, 0000 ARNOLD K CAROTHERS, 0000 DONALD J FONTENOT JR., 0000 JOSEPH S JOHN JR., 0000 ROSEMARY G CARR, 0000 TERESA J FOSTER, 0000 DENNIS W JOHNSON, 0000 KATHERINE R CARSON, 0000 MIGUEL L FOUTS, 0000 HOLLY M JOHNSON, 0000 JAMES E CARSTEN, 0000 MARK J FOWLER, 0000 JEFFERY S JOHNSON, 0000 JEFFREY J CARTER, 0000 EARL A FRANTZ, 0000 PAUL D JOHNSTONE, 0000 JACK L CARVER, 0000 PAMELA A FREI, 0000 CHARLES L JONES, 0000 ANN M CASE, 0000 JOHN M FRYZLEWICZ, 0000 DARRYL L JONES, 0000 JOE V CASEY JR., 0000 THOMAS S FULFORD, 0000 ELISABETH B JONES, 0000 ROBIN L CASSIDY, 0000 KELLY L GANN, 0000 LORENZO JONES, 0000 LISA L CASTRO, 0000 JEANNETTE I GARCIA, 0000 MICHAEL T JONES, 0000 STEVEN CASTRO, 0000 PATRICIA A GARCIA, 0000 TIMOTHY A JONES, 0000 WILLIAM A CASTRUCCI, 0000 GLENN J GARGANO, 0000 JEFF B JORDEN, 0000 JAMES A CAVINESS, 0000 TODD A GATHRIGHT, 0000 MARK E JOSEPHSON, 0000 SUSAN D CHACON, 0000 EDRION R GAWARAN, 0000 CYNTHIA L JUDY, 0000 NEWTON J CHALKER, 0000 GEORGE E GENTCHOS, 0000 JEANA M KANNE, 0000 CYNTHIA A CHARGOIS, 0000 JAMES J GEORGE, 0000 PAUL C KAPFER, 0000 MELANIE R CHELLMAN, 0000 KEITH S GIBEL, 0000 LISA A KEEFE, 0000 JACKY P CHENG, 0000 TODD S GIBSON, 0000 JOHN J KEELING, 0000 WAI C CHEUNGOCARROLL, 0000 PRESTON L GILL, 0000 STEVEN D KELLEY, 0000 JOHN A CHILSON, 0000 PAUL J GIRARD, 0000 MARY KELLY, 0000 REBECCA L CHRISTENSEN, 0000 ALLEN C M GLASER, 0000 DUANE M KEMP, 0000 CHRISTOPHER E CIEURZO, 0000 ROBERT A GLASGOW IV, 0000 JAY K KENNARD, 0000 DUWAYNE F CLARK, 0000 DENNIS E GLOVER, 0000 SHARI D KENNEDY, 0000 JOHN H CLARK, 0000 FERMIN S GODINEZ, 0000 JANETH F KIM, 0000 MICHAEL B CLARK, 0000 BARRY L GOLDEN, 0000 SHIRLEY H KING, 0000 ROBERT D CLERY, 0000 BERNARDO GONZALEZ, 0000 ERIC N KINN, 0000 TONY S CLINTON, 0000 JORGE GONZALEZ, 0000 REBECCA A KISER, 0000 STEVEN T COBERY, 0000 CHARMAGNE GOODMAN, 0000 KARL A KISH, 0000 CHARLES W COLBERT, 0000 STACY L GOODWILL, 0000 DENNIS M KLEIN, 0000 MARCIA T COLEMAN, 0000 MICHAEL W GORE, 0000 MARK F KLEIN, 0000 ROMEO L COLEMAN, 0000 RUSSELL P GRAEF, 0000 RUTH KLINE, 0000 DAVID C COLLINS, 0000 LEEANN GRAHAM, 0000 PRESTON R KNIGHT, 0000 CHRISTINA J COLLURABURKE, 0000 MARIE E GREEN, 0000 EILEEN M KNOBLE, 0000 MICHAEL A CONTI, 0000 CHARLES E GREENERT, 0000 HARRY S KO, 0000 TANI L COREY, 0000 MATTHEW E GRIMES, 0000 PATRICIA A KO, 0000 MAX C CORMIER, 0000 KEITH T GRIMM, 0000 SHAWN D KOSNIK, 0000 MICHAEL A CORRIERE, 0000 HAROLD L GROFF, 0000 HEIDI S KRAFT, 0000 CHRISTOPHER J CORVO, 0000 KATHLEEN M GRUDZIEN, 0000 THOMAS D KRAMER, 0000 CHERYL J COSTA, 0000 CHRISTINE B GRUSCHKUS, 0000 CONRAD F KRESS, 0000 TERRENCE W COSTELLO IV, 0000 RICHARD A GUERRA, 0000 PETER K KRIZ, 0000 JAMES N COULTER, 0000 SHAWNA J GUGEL, 0000 DAVID C KRULAK, 0000 RICHARD G COURTNEY, 0000 GEORGE M GUISE, 0000 KENNETH R KUBOWICZ, 0000 TERESA M COX, 0000 AMBERLY M HALL, 0000 JODI A KUHLMAN, 0000 ANGELIQUE CRAIG, 0000 FRANCIS X HALL, 0000 LAURENCE J KUHN, 0000 DONALD S CRAIN, 0000 TONYA A HALL, 0000 FRANCIS S KURY, 0000 WILLIAM E CRAMER, 0000 ALLEGRA T HALYARD, 0000 ELENA A KUTNEY, 0000 KARA L CRISMOND, 0000 SHANNON K HAMILTON, 0000 EMERY J KUTNEY JR., 0000 ROBERT J CROW, 0000 SCOTT A HAMLIN, 0000 CAMILLE A LACROIX, 0000 CHRYSTEN E CUNNINGHAM, 0000 FRANKIE J HAND, 0000 JULIA K LACUNZA, 0000 ESTHER M CUNNINGHAM, 0000 BARBARA T HANNA, 0000 CHRISTOPHER B LANDES, 0000 TODD A CURRAN, 0000 DAVID W HARDY, 0000 ROBERT C LANGAN, 0000 DAVID L CUTE, 0000 PAUL J HAREN III, 0000 MICHAEL D LAPPI, 0000 PHILLIP G CYR, 0000 ISTVAN HARGITAI, 0000 WILLIAM S LARAGY, 0000 MICHAEL S DANFORTH, 0000 KENNETH HARGREAVES, 0000 DAVID J LARAMIE, 0000 CAROLE A DANIEL, 0000 JEFFREY J HARRISON, 0000 TATIANA M LAWERGARCIA, 0000 STACIE R DANIELS, 0000 MARTIN B HARRISON, 0000 JAMES V LAWLER, 0000 BARNES C DARDEN, 0000 STEVEN M HARTLINE, 0000 JAMES K LE, 0000 ROBERT E DARE, 0000 ANDREW M HASCALL, 0000 KAREN P LEAHY, 0000 JOHN C DAVID, 0000 TIMOTHY R HASTINGS, 0000 KENNETH LEAHY, 0000 ERIC J DAVIS, 0000 DOUGLAS HAWK, 0000 KRISTI A LEE, 0000 GARY R DAVIS, 0000 JUDITH L HAWKINS, 0000 MICHAEL S LELAND, 0000 JEFFERY P DAVIS, 0000 ELIZABETH A HAYDON, 0000 WILLIAM T LENNARD, 0000 KIMBERLY D DAVIS, 0000 GARY HAYMAN, 0000 THOMAS F LEONARD, 0000 THERESA B DAVIS, 0000 JONATHAN B HAYNES, 0000 SUSAN LETTERLE, 0000 KEVIN J DEELEY, 0000 TERENCE A HEATH, 0000 DENISE M LEVELING, 0000 WALTER C DEGRANGE, 0000 NEAL A HEIMER, 0000 DENNIS LEW, 0000 GERARD DEGUZMAN, 0000 BRYAN E HELLER, 0000 DAN C LEWIS, 0000 ROBERT K DEGUZMAN JR., 0000 JOHN A HELTON, 0000 TIMOTHY C LIBERATORE, 0000 KRISTA J DELLAPINA, 0000 DAVID A HEMPFLING, 0000 R A Z LIM, 0000 RALPH C DELORIE, 0000 ALLISON A HENRY, 0000 HENRY LIN, 0000 KENNETH T DESJARDINS, 0000 GLEN A HENRY, 0000 DAVID M LOCKNEY, 0000 JANET L DEWEES, 0000 DERRICK HERNANDEZ, 0000 PHILLIP S LODGE, 0000 MATT M DIAZ, 0000 MARK D HERNANDEZ, 0000 BRIAN R LOMAX, 0000 REBECCA C DICKINSON, 0000 MARK S HERNANDEZ, 0000 JEAN L P LORD, 0000 GLENDON B DIEHL JR., 0000 MARK E HERRERA, 0000 EVA M LOSER, 0000 TROY DINKEL, 0000 THOMAS C HERZIG, 0000 ALAN S LOVEJOY, 0000 SCHULTZ A P DION, 0000 PATRICIA A HETRICK, 0000 GEORGINA LOYA, 0000 BRUNO DISCALA, 0000 STEVEN E HICKS, 0000 JAMES M LUCCI, 0000 DOROTHEA A DOBSON, 0000 DANIEL J HIGGINS, 0000 ALLEN R LUMANOG, 0000 HAYDEE B DOCASAR, 0000 LESTER E HILBERT JR., 0000 PETER M LUNDBLAD, 0000 JEFFREY J DOLVEN, 0000 MARICHAL L HILL, 0000 JOHN A LYNOTT, 0000

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DENNIS B MACDOUGALL, 0000 DAWN A ONEIL, 0000 LEONARD C SCHILLING, 0000 RONALD A MACK, 0000 KENNETH J ORTIZ, 0000 KRISTINA A SCHLECHT, 0000 ROBERTO Q MAGALLANO, 0000 ERIC T ORY, 0000 CLIFFORD D SCHMIDT, 0000 BRIAN J MALLOY, 0000 ANDREW J OSORNO, 0000 FREDRIK D SCHMITZ, 0000 HEINZ E MALON, 0000 TIMOTHY J OSWALD, 0000 TAMARA K SCHNURR, 0000 SCOTT M MALONEY, 0000 MATTHEW N OTT III, 0000 ANDREW J SCHULMAN, 0000 BRIAN W MANDEVILLE, 0000 WAYNE D OVERLY, 0000 DALE L SEELEY, 0000 MORGAN S MANDEVILLE, 0000 CLYDE D OWEN, 0000 DAVID E SEMON, 0000 CARL H MANEMEIT, 0000 BYRON Y OWENS, 0000 MICHAEL S SEXTON, 0000 GEORGE MANIS, 0000 ERIC OXENDINE, 0000 DAVID B SHANHOLTZER, 0000 KEVAN E MANN, 0000 CECILIA C PAIRO, 0000 DAVID P SHAPIRO, 0000 GATHA L MANNS, 0000 JOSEPH W PARRAN, 0000 STEPHEN J SHAW, 0000 SETH A MANTI, 0000 WILLIAM R PATTON, 0000 SARAH A M SHEA, 0000 RAMON O MARIN, 0000 JEFFREY M PAUL, 0000 CLIFFORD R SHEARER, 0000 ROBIN A C MARSHALL, 0000 BETHANY L PAYTONOBRIEN, 0000 FRANK W SHEARIN III, 0000 ANDREW S MARTIN, 0000 FRANK P PEARSON, 0000 STEVEN T SHEEDLO, 0000 CAROLYN J MARTIN, 0000 PAMELA PENTIN, 0000 BOBBY L SHELTON, 0000 JAMES L MARTIN, 0000 ROSEMARY PERDUE, 0000 DONALD W SHENENBERGER, 0000 JOSEPH J MARTIN, 0000 CHRISTIAN T PETERSEN, 0000 MICHAEL L SHEPARD, 0000 DARRELL L MATHIS, 0000 CRAIG O PETERSON, 0000 LILLIAN M SHEPHERD, 0000 THOMAS C MATT JR., 0000 ERIC L PETERSON, 0000 STUART H SHIPPEY III, 0000 KATHY L MATTHES, 0000 TAMARA P PETRAC, 0000 JERRY J SHOEMAKER, 0000 JAMES R MATTHEWS, 0000 TIMOTHY J PHILLIPS, 0000 DEVIN M SHOQUIST, 0000 MICHAEL R MAULE, 0000 RALPH H PICKARD, 0000 BRIAN P SHORTAL, 0000 CONRAD J MAYER, 0000 EMERICH D PIEDAD, 0000 KEITH J SHULEY, 0000 JAMES F MCALLISTER, 0000 FLETCHER N PIERCE, 0000 GARFIELD M SICARD, 0000 RICHARD K MCCARTHY, 0000 JACQUELINE L PIERRE, 0000 CHRISTENSEN C SICAT, 0000 RICHARD L MCCARTHY, 0000 BOBBY R PITTS, 0000 ANTHONY N SILVETTI, 0000 MICHAEL L MCCLURE, 0000 NICOLE K POLINSKY, 0000 RITA G SIMMONS, 0000 PAUL S MCCOMB, 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0000 WILLIAM B STEVENS, 0000 REBECCA M MILTON, 0000 STEVEN M RESWEBER, 0000 KEVIN S STEVENSON, 0000 ANN K MINAMI, 0000 ALLISON F REYES, 0000 MAJELLA D STEVENSON, 0000 MICHAEL MONREAL, 0000 JANELLE A RHODERICK, 0000 THOMAS R STEWART, 0000 LEANDRO L MONTESINO, 0000 GEORGE M RICE, 0000 THEODORE J STJOHN, 0000 MARSHALL R MONTEVILLE, 0000 MARTIN RIOS, 0000 GAIL M STRONG, 0000 SHIRLEY O MOONE, 0000 KIMBERLY S ROBERTS, 0000 FRANK H STUBBS III, 0000 JOHN E MOORE, 0000 DAVID C ROBINSON, 0000 EDWARD J SULLIVAN, 0000 RICHARD O MOORE, 0000 MEREDITH L ROBINSON, 0000 MARK D SULLIVAN, 0000 THOMAS W MOORE, 0000 PATRICE D ROBINSON, 0000 MICHAEL S SULLIVAN, 0000 MARK W MORGAN, 0000 JAIME E RODRIGUEZ, 0000 PAUL S SULLIVAN, 0000 GARY A MORRIS, 0000 RICKY R RODRIGUEZ, 0000 TOBY C SWAIN, 0000 MICHELLE D MORSE, 0000 NANETTE L ROLLENE, 0000 MICHAEL SWANSON, 0000 JOEL S MORTON, 0000 HERMAN S ROMERO, 0000 KEVIN J SWEENEY, 0000 STEVEN R MOSES, 0000 MICHAEL D ROSENTHAL, 0000 THOMAS A TAGHON, 0000 BETH A MOVINSKY, 0000 LAURA B ROSENTHALL, 0000 SALLY G TAMAYO, 0000 CHARLENE H MOWERY, 0000 CHERYLYNN A ROSWELL, 0000 CAROLA A TANNA, 0000 THOMAS F MULLER, 0000 JOHN R ROTRUCK, 0000 MICHAEL T TEATES, 0000 LEO J MURPHY, 0000 JENNIFER S ROUS, 0000 RONALD E THACKER, 0000 MORROW J MURPHY, 0000 ARTHUR T ROWE, 0000 KRISTOPHER THIBODEAU, 0000 SEAN J MURPHY, 0000 LANA R ROWELL, 0000 GREGORY T THIER, 0000 JOHN J MURRAY, 0000 MARK A ROYS, 0000 DOUGLAS E THOMAS, 0000 WILLIAM T MURRAY, 0000 MATTHEW S RUDOLPH, 0000 KARIN E THOMAS, 0000 ELIZABETH A MUSSIN, 0000 MARK J RUNSTROM, 0000 DANIEL A THOMPSON, 0000 RICHARD M NALWASKY, 0000 CARL J RUOFF, 0000 JENNIFER A THOMPSON, 0000 JEFFREY M NARWOLD, 0000 MARVIN P RUSH, 0000 TROY W THOMPSON, 0000 JEFFREY H NEAL, 0000 RANDALL H RUSSELL, 0000 WANDA L THOMPSON, 0000 DORIS J NEDVED, 0000 JOHN M RYAN, 0000 CARLA K THORSON, 0000 MICHAEL S NELSON, 0000 SARAH D RYAN, 0000 SHANE A THRAILKILL, 0000 RICHARD B NESBETT, 0000 THOMAS J RYDER, 0000 THERESA L P THURLOW, 0000 FRANK E NEVAREZ, 0000 ELISSA B RYMAN, 0000 KAREN J THURMAN, 0000 GEORGE NEWTON, 0000 SARA L SALTZSTEIN, 0000 KAARE E TINGELSTAD, 0000 HUY B NGUYEN, 0000 DENNIS G SAMPSON, 0000 JEFFREY A TJADEN, 0000 TUAN NGUYEN, 0000 MICHAEL G SAMPSON, 0000 TOBEY A TOLBERT, 0000 MICHAEL L NICK, 0000 PHILLIP M SANCHEZ, 0000 TWANDA TOLIVER, 0000 MATTHEW W NICOLA, 0000 BRENT W SANDERLIN, 0000 JEFFREY M TOMLIN, 0000 KRISTINA M NIELSEN, 0000 MARY J SANDERS, 0000 RICHARD W TOWNSEND, 0000 TERRI T NIELSEN, 0000 RODNEY L SANDERS, 0000 JAMES TRENTALANGE, 0000 JOHNNY M NILSEN, 0000 SCOT T SANDERS, 0000 GERALD W TRKULA, 0000 RAMONA L NIXON, 0000 STEVEN S SANFORD, 0000 JOSE F TROCHE, 0000 JOHN D NOGAN, 0000 THOMAS N SANTA JR., 0000 GENE D TRUESDELL, 0000 KEVIN P NORTON, 0000 NIEVA M SANTANA, 0000 JOANNE M TUIN, 0000 TERRENCE J NORTON, 0000 PAUL P SAUCEDO III, 0000 COURTNEY A TURNER, 0000 JAMES P OBERMAN, 0000 KRIS J SAUER, 0000 EMMA TURNER, 0000 MARGARET P OBERMAN, 0000 MICHAEL R SAUM, 0000 DANIEL P TVEIT, 0000 EDWARD B OBRIEN III, 0000 ANGELA R SAUNDERS, 0000 ROBINETTE L TYLER, 0000 ROBERT T OBYRNE, 0000 ASSANATU I SAVAGE, 0000 MELVIN H UNDERWOOD, 0000 CESAR A ODVINA, 0000 GINA SAVINI, 0000 JOHNNY D URBAN, 0000 KARL E OETTL, 0000 LEE A SAVIO, 0000 ROGER E VANDERWERKEN, 0000 BRIAN C OHAIR II, 0000 KIMBERLY SAWATSKY, 0000 JOHN D VANGORP, 0000 TIMOTHY W OHARA, 0000 PRISCILLA SCANLON, 0000 JOHN F VANPATTEN, 0000 SAMUEL T OLAIYA, 0000 JOSEPH R SCHAAF, 0000 STEPHEN T VARGO, 0000 PAMELA A OLOUGHLIN, 0000 VINCENT P SCHIAVONE, 0000 ESTELA I VELEZ, 0000 DAVID C OLSEN, 0000 ANDREW W SCHIEMEL, 0000 MICHAEL H VERDOLIN, 0000

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ANTHONY J VIERA, 0000 UNITED STATES FOR A TERM EXPIRING JANUARY 20, 2005, UNITED STATES AGENCY FOR INTERNATIONAL MACHELLE A VIEUX, 0000 VICE JACKIE M. CLEGG, TERM EXPIRED. CHERRI L VILHAUER, 0000 DEVELOPMENT FEDERAL RESERVE SYSTEM SORAYA M C VILLACIS, 0000 KENT R. HILL, OF MASSACHUSETTS, TO BE AN ASSIST- LEE A VITATOE, 0000 SUSAN SCHMIDT BIES, OF TENNESSEE, TO BE A MEM- ANT ADMINISTRATOR OF THE UNITED STATES AGENCY MARGARET L VOLZ, 0000 BER OF THE BOARD OF GOVERNORS OF THE FEDERAL FOR INTERNATIONAL DEVELOPMENT, VICE DONALD LEE THOMAS J WALCOTT, 0000 RESERVE SYSTEM FOR A TERM OF FOURTEEN YEARS PRESSLEY, RESIGNED. DAVID J WALKER, 0000 FROM FEBRUARY 1, 1998, VICE SUSAN MEREDITH PHIL- LEE M WALLENHORST, 0000 DEPARTMENT OF STATE LIPS, RESIGNED. THOMAS C WALTER, 0000 PATRICIA DE STACY HARRISON, OF VIRGINIA, TO BE AN JEFFREY A WALTERS, 0000 DEPARTMENT OF HOUSING AND URBAN ASSISTANT SECRETARY OF STATE (EDUCATIONAL AND RUTH E WALTON, 0000 DEVELOPMENT CULTURAL AFFAIRS), VICE WILLIAM B. BADER. THOMAS A WALTZ JR., 0000 CHARLOTTE L. BEERS, OF TEXAS, TO BE UNDER SEC- MARK D WEAVER, 0000 KENNETH M. DONOHUE, SR., OF VIRGINIA, TO BE IN- RETARY OF STATE FOR PUBLIC DIPLOMACY, VICE EVE- MARGARET A WEBB, 0000 SPECTOR GENERAL, DEPARTMENT OF HOUSING AND LYN SIMONOWITZ LIEBERMAN. AMY M WEISE, 0000 URBAN DEVELOPMENT, VICE SUSAN GAFFNEY, RE- OTTO J. REICH, OF VIRGINIA, TO BE AN ASSISTANT SEC- AARON D WERBEL, 0000 SIGNED. RETARY OF STATE (WESTERN HEMISPHERE AFFAIRS), MARK W WERTZ, 0000 VICE PETER F. ROMERO. EILEEN B WERVE, 0000 DEPARTMENT OF THE TREASURY JIMMY WEST, 0000 INTERNATIONAL JOINT COMMISSION, UNITED SHARON E WEST, 0000 JAMES GILLERAN, OF CALIFORNIA, TO BE DIRECTOR STATES AND CANADA ANN L WHITE, 0000 OF THE OFFICE OF THRIFT SUPERVISION FOR THE RE- MARCIA M WHITE, 0000 MAINDER OF THE TERM EXPIRING OCTOBER 23, 2002, VICE DENNIS L. SCHORNACK, OF MICHIGAN, TO BE COMMIS- EDWIN G WHITING, 0000 ELLEN SEIDMAN, RESIGNED. SIONER ON THE PART OF THE UNITED STATES ON THE HARVEY B WILDS, 0000 INTERNATIONAL JOINT COMMISSION, UNITED STATES KEITH A WILLIAMS, 0000 DEPARTMENT OF TRANSPORTATION AND CANADA, VICE THOMAS L. BALDINI. KELLY A WILLIAMS, 0000 KIRK VAN TINE, OF VIRGINIA, TO BE GENERAL COUN- DEPARTMENT OF STATE LORENZO E WILLIAMS, 0000 SEL OF THE DEPARTMENT OF TRANSPORTATION, VICE MARION J WILLIAMS, 0000 NANCY E. MCFADDEN. JOHN F. TURNER, OF WYOMING, TO BE ASSISTANT SEC- ROBERT E WILLIAMS, 0000 ELLEN G. ENGLEMAN, OF INDIANA, TO BE ADMINIS- RETARY OF STATE FOR OCEANS AND INTERNATIONAL RONALD K WILLIAMS JR., 0000 TRATOR OF THE RESEARCH AND SPECIAL PROGRAMS ENVIRONMENTAL AND SCIENTIFIC AFFAIRS, VICE DAVID CALVIN J WILSON, 0000 ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, B. SANDALOW. RICARDO WILSON, 0000 VICE KELLEY S. COYNER, RESIGNED. PATRICK FRANCIS KENNEDY, OF ILLINOIS, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JOHN H WINDOM, 0000 JOSEPH M. CLAPP, OF NORTH CAROLINA, TO BE ADMIN- CAREER MINISTER, TO BE REPRESENTATIVE OF THE CHARLES D WITTA, 0000 ISTRATOR OF THE FEDERAL MOTOR CARRIER SAFETY UNITED STATES OF AMERICA TO THE UNITED NATIONS ANTHONY B WOJCIK, 0000 ADMINISTRATION. (NEW POSITION) TIMOTHY J WOLFKILL, 0000 FOR THE U.N. MANAGEMENT AND REFORM, WITH THE GLEN WOOD, 0000 DEPARTMENT OF THE INTERIOR RANK OF AMBASSADOR, VICE DONALD STUART HAYS. THERESA M WOOD, 0000 JOHN D. NEGROPONTE, OF THE DISTRICT OF COLUMBIA, DENISE D WOODFIN, 0000 JEFFREY D. JARRETT, OF PENNSYLVANIA, TO BE DI- TO BE THE REPRESENTATIVE OF THE UNITED STATES OF ROSHARD A WOOLFOLK, 0000 RECTOR OF THE OFFICE OF SURFACE MINING RECLAMA- AMERICA TO THE UNITED NATIONS, WITH THE RANK AND SEUNG C YANG, 0000 TION AND ENFORCEMENT, VICE KATHLEEN M. KARPAN. STATUS OF AMBASSADOR EXTRAORDINARY AND PLENI- TODD E YANIK, 0000 POTENTIARY, AND THE REPRESENTATIVE OF THE JON YENARI, 0000 NATIONAL TRANSPORTATION SAFETY BOARD UNITED STATES OF AMERICA IN THE SECURITY COUNCIL LAWRENCE J YENNI, 0000 OF THE UNITED NATIONS. MARION BLAKEY, OF MISSISSIPPI, TO BE CHAIRMAN OF JOHN D. NEGROPONTE, OF THE DISTRICT OF COLUMBIA, FREDERICK E YEO, 0000 THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A JOHN D YORK, 0000 TO BE A REPRESENTATIVE OF THE UNITED STATES OF TERM OF TWO YEARS, VICE JAMES E. HALL, TERM EX- AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY TODD A YOUNG, 0000 PIRED. JAMES M YUN, 0000 OF THE UNITED NATIONS DURING HIS TENURE OF SERV- MARION BLAKEY, OF MISSISSIPPI, TO BE A MEMBER OF ICE AS REPRESENTATIVE OF THE UNITED STATES OF KIM T ZABLAN, 0000 THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A AMERICA TO THE UNITED NATIONS. MICHAEL J ZERBO, 0000 TERM EXPIRING DECEMBER 31, 2005, VICE JOHN ARTHUR MICHAEL E. MALINOWSKI, OF THE DISTRICT OF COLUM- TIMOTHY J ZIOLKOWSKI, 0000 HAMMERSCHMIDT, TERM EXPIRED. BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- DEPARTMENT OF AGRICULTURE ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- DELTA REGIONAL AUTHORITY SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF MARK EDWARD REY, OF THE DISTRICT OF COLUMBIA, P.H. JOHNSON, OF MISSISSIPPI, TO BE FEDERAL CO- THE UNITED STATES OF AMERICA TO THE KINGDOM OF TO BE UNDER SECRETARY OF AGRICULTURE FOR NAT- CHAIRPERSON, DELTA REGIONAL AUTHORITY. (NEW PO- NEPAL. URAL RESOURCES AND ENVIRONMENT, VICE JAMES R. SITION) HANS H. HERTELL, OF PUERTO RICO, TO BE AMBAS- LYONS. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THOMAS C. DORR, OF IOWA, TO BE UNDER SECRETARY ENVIRONMENTAL PROTECTION AGENCY THE UNITED STATES OF AMERICA TO THE DOMINICAN OF AGRICULTURE FOR RURAL DEVELOPMENT, VICE JILL REPUBLIC. L. LONG, RESIGNED. MARIANNE LAMONT HORINKO, OF VIRGINIA, TO BE AS- JOSEPH M. DETHOMAS, OF PENNSYLVANIA, A CAREER ELSA A. MURANO, OF TEXAS, TO BE UNDER SECRETARY SISTANT ADMINISTRATOR, OFFICE OF SOLID WASTE, EN- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF OF AGRICULTURE FOR FOOD SAFETY, VICE CATHERINE VIRONMENTAL PROTECTION AGENCY, VICE TIMOTHY MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- E. WOTEKI, RESIGNED. FIELDS, JR., RESIGNED. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES HILDA GAY LEGG, OF KENTUCKY, TO BE ADMINIS- DONALD R. SCHREGARDUS, OF OHIO, TO BE AN ASSIST- OF AMERICA TO THE REPUBLIC OF ESTONIA. TRATOR, RURAL UTILITIES SERVICE, DEPARTMENT OF ANT ADMINISTRATOR OF THE ENVIRONMENTAL PROTEC- JOHN J. DANILOVICH, OF CALIFORNIA, TO BE AMBAS- AGRICULTURE, VICE CHRISTOPHER A. MCLEAN, RE- TION AGENCY, VICE STEVEN ALAN HERMAN, RESIGNED. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF SIGNED. THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THOMAS C. DORR, OF IOWA, TO BE A MEMBER OF THE DEPARTMENT OF TRANSPORTATION COSTA RICA. BOARD OF DIRECTORS OF THE COMMODITY CREDIT COR- BRIAN E. CARLSON, OF VIRGINIA, A CAREER MEMBER MARY E. PETERS, OF ARIZONA, TO BE ADMINISTRATOR PORATION, VICE JILL L. LONG, RESIGNED. OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER OF THE FEDERAL HIGHWAY ADMINISTRATION, VICE KEN- MARK EDWARD REY, OF THE DISTRICT OF COLUMBIA, MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND NETH R. WYKLE, RESIGNED. TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION, VICE KARL N. MISSISSIPPI RIVER COMMISSION TO THE REPUBLIC OF LATVIA. STAUBER. J. RICHARD BLANKENSHIP, OF FLORIDA, TO BE AMBAS- BRIGADIER GENERAL EDWIN J. ARNOLD, JR., UNITED SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF FARM CREDIT ADMINISTRATION STATES ARMY, TO BE A MEMBER AND PRESIDENT OF THE UNITED STATES OF AMERICA TO THE COMMON- FRED L. DAILY, OF OHIO, TO BE A MEMBER OF THE THE MISSISSIPPI RIVER COMMISSION, UNDER THE PRO- WEALTH OF THE BAHAMAS. BOARD OF DIRECTORS OF THE FEDERAL AGRICULTURAL VISIONS OF SECTION 2 OF AN ACT OF CONGRESS, AP- GEORGE L. ARGYROS, SR., OF CALIFORNIA, TO BE AM- MORTGAGE CORPORATION, VICE GORDON CLYDE SOUTH- PROVED JUNE 1879 (21 STAT. 37) (33 USC 642). BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF ERN. BRIGADIER GENERAL CARL A. STROCK, UNITED THE UNITED STATES OF AMERICA TO SPAIN, AND TO GRACE TRUJILLO DANIEL, OF CALIFORNIA, TO BE A STATES ARMY, TO BE A MEMBER OF THE MISSISSIPPI SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- MEMBER OF THE BOARD OF DIRECTORS OF THE FED- RIVER COMMISSION, UNDER THE PROVISIONS OF SEC- PENSATION AS AMBASSADOR EXTRAORDINARY AND ERAL AGRICULTURAL MORTGAGE CORPORATION, VICE TION 2 OF AN ACT OF CONGRESS, APPROVED 28 JUNE 1879 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CLYDE ARLIE WHEELER, JR. (21 STAT. 37) (22 USC 642). TO ANDORRA. R. BARRIE WALKLEY, OF CALIFORNIA, A CAREER MEM- DEPARTMENT OF DEFENSE NUCLEAR REGULATORY COMMISSION BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MARVIN R. SAMBUR, OF INDIANA, TO BE AN ASSISTANT NILS J. DIAZ, OF FLORIDA, TO BE A MEMBER OF THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES SECRETARY OF THE AIR FORCE, VICE LAWRENCE J. NUCLEAR REGULATORY COMMISSION FOR THE TERM OF OF AMERICA TO THE REPUBLIC OF GUINEA. DELANEY. FIVE YEARS EXPIRING JUNE 30, 2006. (REAPPOINTMENT) MARCELLE M. WAHBA, OF CALIFORNIA, A CAREER MICHAEL PARKER, OF MISSISSIPPI, TO BE AN ASSIST- DEPARTMENT OF THE TREASURY MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF ANT SECRETARY OF THE ARMY, VICE JOSEPH W. MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- WESTPHAL. B. JOHN WILLIAMS, JR., OF VIRGINIA, TO BE CHIEF DINARY AND PLENIPOTENTIARY OF THE UNITED STATES LINTON F. BROOKS, OF VIRGINIA, TO BE DEPUTY AD- COUNSEL FOR THE INTERNAL REVENUE SERVICE AND OF AMERICA TO THE UNITED ARAB EMIRATES. MINISTRATOR FOR DEFENSE NUCLEAR NONPROLIFERA- AN ASSISTANT GENERAL COUNSEL IN THE DEPARTMENT MATTIE R. SHARPLESS, OF NORTH CAROLINA, A CA- TION, NATIONAL NUCLEAR SECURITY ADMINISTRATION. OF THE TREASURY, VICE STUART L. BROWN, RESIGNED. REER MEMBER OF THE SENIOR FOREIGN SERVICE, (NEW POSITION) ROBERT C. BONNER, OF CALIFORNIA, TO BE COMMIS- CLASS OF CAREER MINISTER, TO BE AMBASSADOR EX- JOSEPH E. SCHMITZ, OF MARYLAND, TO BE INSPECTOR SIONER OF CUSTOMS, VICE RAYMOND W. KELLY, RE- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED GENERAL, DEPARTMENT OF DEFENSE, VICE ELEANOR SIGNED. STATES OF AMERICA TO THE CENTRAL AFRICAN REPUB- HILL. LIC. FEDERAL RESERVE SYSTEM DEPARTMENT OF HEALTH AND HUMAN SERVICES ARLENE RENDER, OF VIRGINIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- JANET HALE, OF VIRGINIA, TO BE AN ASSISTANT SEC- MARK W. OLSON, OF MINNESOTA, TO BE A MEMBER OF COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND RETARY OF HEALTH AND HUMAN SERVICES, VICE JOHN THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JOSEPH CALLAHAN, RESIGNED. SYSTEM FOR THE UNEXPIRED TERM OF FOURTEEN TO THE REPUBLIC OF COTE D’LVOIRE. YEARS FROM FEBRUARY 1, 1996, VICE ALICE M. RIVLIN, SOCIAL SECURITY ADMINISTRATION JOHN N. PALMER, OF MISSISSIPPI, TO BE AMBASSADOR RESIGNED. EXTRAORDINARY AND PLENIPOTENTIARY OF THE EXPORT-IMPORT BANK OF THE UNITED STATES JO ANNE BARNHART, OF DELAWARE, TO BE COMMIS- UNITED STATES OF AMERICA TO THE REPUBLIC OF POR- SIONER OF SOCIAL SECURITY FOR THE TERM EXPIRING TUGAL. EDUARDO AGUIRRE, JR., OF TEXAS, TO BE FIRST VICE JANUARY 19, 2007, VICE KENNETH S. APFEL, TERM EX- JOHN MALCOLM ORDWAY, OF CALIFORNIA, A CAREER PRESIDENT OF THE EXPORT-IMPORT BANK OF THE PIRED. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF

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MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DEBORAH L. COOK, OF OHIO, TO BE UNITED STATES CIR- TRICT OF OKLAHOMA FOR THE TERM OF FOUR YEARS, DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CUIT JUDGE FOR THE SIXTH CIRCUIT VICE ALAN E. NOR- VICE DANIEL G. WEBBER, JR., RESIGNED. OF AMERICA TO THE REPUBLIC OF ARMENIA. RIS, RETIRED. PAUL J. MCNULTY, OF VIRGINIA, TO BE UNITED RONALD E. NEUMANN, OF VIRGINIA, A CAREER MEM- MIGUEL A. ESTRADA, OF VIRGINIA, TO BE UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT OF VIR- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- GINIA FOR THE TERM OF FOUR YEARS, VICE HELEN ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- BIA CIRCUIT, VICE PATRICIA M. WALD, RETIRED. FRANCES FAHEY, RESIGNED. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES HARRIS L. HARTZ, OF NEW MEXICO, TO BE UNITED MATTHEW HANSEN MEAD, OF WYOMING, TO BE UNITED OF AMERICA TO THE STATE OF BAHRAIN. STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE STATES ATTORNEY FOR THE DISTRICT OF WYOMING FOR BONNIE MCELVEEN-HUNTER, OF NORTH CAROLINA, TO BOBBY RAY BALDOCK, RETIRED. THE TERM OF FOUR YEARS, VICE DAVID D. BE AMBASSADOR EXTRAORDINARY AND PLENI- JEFFREY R. HOWARD, OF NEW HAMPSHIRE, TO BE FREUDENTHAL, RESIGNED. POTENTIARY OF THE UNITED STATES OF AMERICA TO UNITED STATES CIRCUIT JUDGE FOR THE FIRST CIR- PATRICK LEO MEEHAN, OF PENNSYLVANIA, TO BE THE REPUBLIC OF FINLAND. CUIT, VICE NORMAN H. STAHL, RETIRED. UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT JACKSON MCDONALD, OF FLORIDA, A CAREER MEMBER CAROLYN B. KUHL, OF CALIFORNIA, TO BE UNITED OF PENNSYLVANIA FOR THE TERM OF FOUR YEARS, OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE VICE MICHAEL RANKIN STILES, RESIGNED. SELOR, TO BE AMBASSADOR EXTRAORDINARY AND JAMES R. BROWNING, RETIRED. WILLIAM WALTER MERCER, OF MONTANA, TO BE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA MICHAEL P. MILLS, OF MISSISSIPPI, TO BE UNITED UNITED STATES ATTORNEY FOR THE DISTRICT OF MON- TO THE REPUBLIC OF THE GAMBIA. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT TANA FOR THE TERM OF FOUR YEARS, VICE SHERRY OF MISSISSIPPI, VICE NEAL B. BIGGERS, RETIRED. SCHEEL MATTEUCCI, RESIGNED. SPECIAL PANEL ON APPEALS JAMES H. PAYNE, OF OKLAHOMA, TO BE UNITED MICHAEL W. MOSMAN, OF OREGON, TO BE UNITED JOHN L. HOWARD, OF ILLINOIS, TO BE CHAIRMAN OF STATES DISTRICT JUDGE FOR THE NORTHERN, EASTERN STATES ATTORNEY FOR THE DISTRICT OF OREGON FOR THE SPECIAL PANEL ON APPEALS FOR A TERM OF SIX AND WESTERN DISTRICTS OF OKLAHOMA, VICE BILLY THE TERM OF FOUR YEARS, VICE KRISTINE OLSON ROG- YEARS, VICE BARBARA JEAN MAHONE, TERM EXPIRED. MICHAEL BURRAGE, RESIGNED. ERS, RESIGNED. DANNY C. REEVES, OF KENTUCKY, TO BE UNITED THOMAS E. MOSS, OF IDAHO, TO BE UNITED STATES AT- THE JUDICIARY STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT TORNEY FOR THE DISTRICT OF IDAHO FOR THE TERM OF OF KENTUCKY, VICE A NEW POSITION CREATED BY PUB- FOUR YEARS, VICE BETTY HANSEN RICHARDSON, RE- ODESSA F. VINCENT, OF THE DISTRICT OF COLUMBIA, LIC LAW 106–553, APPROVED DECEMBER 21, 2000. SIGNED. TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT REGGIE B. WALTON, OF THE DISTRICT OF COLUMBIA, STEPHEN BEVILLE PENCE, OF KENTUCKY, TO BE OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- TO BE UNITED STATES DISTRICT JUDGE FOR THE DIS- UNITED STATES ATTORNEY FOR THE WESTERN DIS- TEEN YEARS, VICE EVELYN E. CRAWFORD QUEEN, TERM TRICT OF COLUMBIA, VICE STANLEY SPORKIN, RETIRED. TRICT OF KENTUCKY FOR THE TERM OF FOUR YEARS, EXPIRING. TERRY L. WOOTEN, OF SOUTH CAROLINA, TO BE VICE STEVEN S. REED, RESIGNED. DEPARTMENT OF EDUCATION UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF THOMAS L. SANSONETTI, OF WYOMING, TO BE AN AS- SOUTH CAROLINA, VICE A NEW POSITION CREATED BY SISTANT ATTORNEY GENERAL, VICE LOIS JANE BRIAN JONES, OF CALIFORNIA, TO BE GENERAL COUN- PUBLIC LAW 106–553, APPROVED DECEMBER 21, 2000. SCHIFFER, RESIGNED. SEL, DEPARTMENT OF EDUCATION, VICE JUDITH A. WIN- M. CHRISTINA ARMIJO, OF NEW MEXICO, TO BE UNITED MICHAEL J. SULLIVAN, OF MASSACHUSETTS, TO BE STON, RESIGNED. STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW UNITED STATES ATTORNEY FOR THE DISTRICT OF MAS- DEPARTMENT OF LABOR MEXICO, VICE A NEW POSITION CREATED BY PUBLIC LAW SACHUSETTS FOR THE TERM OF FOUR YEARS, VICE DON- 106–553, APPROVED DECEMBER 21, 2000. ALD KENNETH STERN, RESIGNED. EUGENE SCALIA, OF VIRGINIA, TO BE SOLICITOR FOR JOHN D. BATES, OF MARYLAND, TO BE UNITED STATES JOHN W. SUTHERS, OF COLORADO, TO BE UNITED THE DEPARTMENT OF LABOR, VICE HENRY L. SOLANO, DISTRICT JUDGE FOR THE DISTRICT OF COLUMBIA, VICE STATES ATTORNEY FOR THE DISTRICT OF COLORADO RESIGNED. STANLEY S. HARRIS, RETIRED. FOR THE TERM OF FOUR YEARS, VICE THOMAS LEE DEPARTMENT OF HEALTH AND HUMAN SERVICES KARON O. BOWDRE, OF ALABAMA, TO BE UNITED STRICKLAND, RESIGNED. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT J. STROM THURMOND, JR., OF SOUTH CAROLINA, TO BE JOAN E. OHL, OF WEST VIRGINIA, TO BE COMMISSIONER OF ALABAMA, VICE SAM C. POINTER, JR., RETIRED. THE UNITED STATES ATTORNEY FOR THE DISTRICT OF ON CHILDREN, YOUTH, AND FAMILIES, DEPARTMENT OF DAVID L. BUNNING, OF KENTUCKY, TO BE UNITED SOUTH CAROLINA FOR THE TERM OF FOUR YEARS, VICE HEALTH AND HUMAN SERVICES, VICE PATRICIA T. MON- STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT J. RENE JOSEY, RESIGNED. TOYA, RESIGNED. OF KENTUCKY, VICE WILLIAM O. BERTELSMAN, RE- JOSEPH S. VAN BOKKELEN, OF INDIANA, TO BE UNITED TIRED. STATES ATTORNEY FOR THE NORTHERN DISTRICT OF IN- CORPORATION FOR NATIONAL AND COMMUNITY DIANA FOR THE TERM OF FOUR YEARS, VICE JON ER- SERVICE DEPARTMENT OF JUSTICE NEST DEGUILIO, RESIGNED. TIMOTHY MARK BURGESS, OF ALASKA, TO BE UNITED GREGORY F. VAN TATENHOVE, OF KENTUCKY, TO BE LESLIE LENKOWSKY, OF INDIANA, TO BE CHIEF EXECU- UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT STATES ATTORNEY FOR THE DISTRICT OF ALASKA FOR TIVE OFFICER OF THE CORPORATION FOR NATIONAL OF KENTUCKY FOR THE TERM OF FOUR YEARS, VICE JO- THE TERM OF FOUR YEARS, VICE ROBERT CHARLES AND COMMUNITY SERVICE, VICE HARRIS WOFFORD, RE- SEPH LESLIE FAMULARO, RESIGNED. BUNDY, RESIGNED. SIGNED. ANNA MILLS S. WAGONER, OF NORTH CAROLINA, TO BE NATIONAL FOUNDATION ON THE ARTS AND THE THE JUDICIARY UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, HUMANITIES KAREN K. CALDWELL, OF KENTUCKY, TO BE UNITED VICE WALTER CLINTON HOLTON, JR., RESIGNED. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT SUSAN W. BROOKS, OF INDIANA, TO BE UNITED STATES BRUCE COLE, OF INDIANA, TO BE CHAIRPERSON OF THE OF KENTUCKY, VICE HENRY R. WILHOIT, JR., RETIRED. NATIONAL ENDOWMENT FOR THE HUMANITIES FOR A ATTORNEY FOR THE SOUTHERN DISTRICT OF INDIANA LAURIE SMITH CAMP, OF NEBRASKA, TO BE UNITED TERM OF FOUR YEARS, VICE WILLIAM R. FERRIS, TERM FOR THE TERM OF FOUR YEARS, VICE JUDITH ANN STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- EXPIRING. STEWART, RESIGNED. BRASKA, VICE WILLIAM G. CAMBRIDGE, RETIRED. JOHN L. BROWNLEE, OF VIRGINIA, TO BE UNITED DEPARTMENT OF LABOR PAUL G. CASSELL, OF UTAH, TO BE UNITED STATES STATES ATTORNEY FOR THE WESTERN DISTRICT OF VIR- DISTRICT JUDGE FOR THE DISTRICT OF UTAH, VICE GINIA FOR THE TERM OF FOUR YEARS, VICE ROBERT P. FREDERICO JUARBE, JR., OF VIRGINIA, TO BE ASSIST- DAVID SAM, RETIRED. CROUCH, JR., RESIGNED. ANT SECRETARY OF LABOR FOR VETERANS’ EMPLOY- CLAIRE V. EAGAN, OF OKLAHOMA, TO BE UNITED LEURA GARRETT CANARY, OF ALABAMA, TO BE MENT AND TRAINING, VICE ESPIRIDION A. BORREGO. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT THE JUDICIARY OF OKLAHOMA, VICE THOMAS RUTHERFORD BRETT, RE- OF ALABAMA FOR THE TERM OF FOUR YEARS, VICE TIRED. CHARLES REDDING PITT, RESIGNED. MICHAEL W. MCCONNELL, OF UTAH, TO BE UNITED KURT D. ENGELHARDT, OF LOUISIANA, TO BE UNITED PAUL K. CHARLTON, OF ARIZONA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT STATES ATTORNEY FOR THE DISTRICT OF ARIZONA FOR STEPHEN H. ANDERSON, RETIRED. OF LOUISIANA, VICE MOREY L. SEAR, RETIRED. THE TERM OF FOUR YEARS, VICE JOSE DE JESUS RI- MICHAEL J. MELLOY, OF IOWA, TO BE UNITED STATES STEPHEN P. FRIOT, OF OKLAHOMA, TO BE UNITED VERA, RESIGNED. CIRCUIT JUDGE FOR THE EIGHTH CIRCUIT, VICE GEORGE STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT MARGARET M. CHIARA, OF MICHIGAN, TO BE UNITED G. FAGG, RETIRED. OF OKLAHOMA, VICE WAYNE E. ALLEY, RETIRED. STATES ATTORNEY FOR THE WESTERN DISTRICT OF TERRENCE L. O’BRIAN, OF WYOMING, TO BE UNITED CALLIE V. GRANADE, OF ALABAMA, TO BE UNITED MICHIGAN FOR THE TERM OF FOUR YEARS, VICE MI- STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT CHAEL HAYES DETTMER, RESIGNED. WADE BRORBY, RETIRED. OF ALABAMA, VICE ALEX T. HOWARD, JR., RETIRED. COLM F. CONNOLLY, OF DELAWARE, TO BE UNITED PRISCILLA RICHMAN OWEN, OF TEXAS, TO BE UNITED JAMES E. GRITZNER, OF IOWA, TO BE UNITED STATES STATES ATTORNEY FOR THE DISTRICT OF DELAWARE STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF IOWA, FOR THE TERM OF FOUR YEARS, VICE CARL SCHNEE, RE- WILLIAM L. GARWOOD, RETIRED. VICE CHARLES R. WOLLE, RETIRED. SIGNED. BARRINGTON D. PARKER, JR., OF CONNECTICUT, TO BE JOE L. HEATON, OF OKLAHOMA, TO BE UNITED STATES ROBERT J. CONRAD, JR., OF NORTH CAROLINA, TO BE UNITED STATES CIRCUIT JUDGE FOR THE SECOND CIR- DISTRICT JUDGE FOR THE WESTERN DISTRICT OF OKLA- UNITED STATES ATTORNEY FOR THE WESTERN DIS- CUIT, VICE RALPH K. WINTER, JR., RETIRED. HOMA, VICE RALPH G. THOMPSON, RETIRED. TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR CHARLES W. PICKERING, SR., OF MISSISSIPPI, TO BE LARRY R. HICKS, OF NEVADA, TO BE UNITED STATES UNITED STATES CIRCUIT JUDGE FOR THE FIFTH CIR- YEARS, VICE MARK TIMOTHY CALLOWAY, RESIGNED. DISTRICT JUDGE FOR THE DISTRICT OF NEVADA, VICE THOMAS C. GEAN, OF ARKANSAS, TO BE UNITED CUIT, VICE HENRY A. POLITZ, RETIRED. JOHNNIE B. RAWLINSON, ELEVATED. SHARON PROST, OF THE DISTRICT OF COLUMBIA, TO BE STATES ATTORNEY FOR THE WESTERN DISTRICT OF AR- WILLIAM P. JOHNSON, OF NEW MEXICO, TO BE UNITED UNITED STATES CIRCUIT JUDGE FOR THE FEDERAL CIR- KANSAS FOR THE TERM OF FOUR YEARS, VICE PAUL STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW CUIT, VICE S. JAY PLAGER, RETIRED. KINLOCH HOLMES, III, RESIGNED. MEXICO, VICE JOHN E. CONWAY, RETIRED. JOHN G. ROBERTS, JR., OF MARYLAND, TO BE UNITED TODD PETERSON GRAVES, OF MISSOURI, TO BE UNITED MARY ELLEN COSTER WILLIAMS, OF MARYLAND, TO BE STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- STATES ATTORNEY FOR THE WESTERN DISTRICT OF A JUDGE OF THE UNITED STATES COURT OF FEDERAL BIA CIRCUIT, VICE JAMES L. BUCKLEY, RETIRED. MISSOURI FOR THE TERM OF FOUR YEARS, VICE STE- CLAIMS FOR A TERM OF FIFTEEN YEARS, VICE SARAH L. DENNIS W. SHEDD, OF SOUTH CAROLINA, TO BE UNITED PHEN LAWRENCE HILL, JR., RESIGNED. WILSON. STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, VICE JAMES MING GREENLEE, OF MISSISSIPPI, TO BE CHARLES F. LETTOW, OF VIRGINIA, TO BE A JUDGE OF CLYDE H. HAMILTON, RETIRED. UNITED STATES ATTORNEY FOR THE NORTHERN DIS- THE UNITED STATES COURT OF FEDERAL CLAIMS FOR A LAVENSKI R. SMITH, OF ARKANSAS, TO BE UNITED TRICT OF MISSISSIPPI FOR THE TERM OF FOUR YEARS, STATES CIRCUIT JUDGE FOR THE EIGHTH CIRCUIT, VICE TERM OF FIFTEEN YEARS, VICE JOHN PAUL WIESE, VICE CALVIN D. BUCHANAN, RESIGNED. RICHARD S. ARNOLD, RETIRED. TERM EXPIRING. RAYMOND W. GRUENDER, OF MISSOURI, TO BE UNITED JEFFREY S. SUTTON, OF OHIO, TO BE UNITED STATES MARIAN BLANK HORN, OF MARYLAND, TO BE A JUDGE STATES ATTORNEY FOR THE EASTERN DISTRICT OF MIS- CIRCUIT JUDGE FOR THE SIXTH CIRCUIT, VICE DAVID A. OF THE UNITED STATES COURT OF FEDERAL CLAIMS SOURI FOR THE TERM OF FOUR YEARS, VICE AUDREY G. NELSON, RETIRED. FOR A TERM OF FIFTEEN YEARS. (REAPPOINTMENT) FLEISSIG, RESIGNED. TIMOTHY M. TYMKOVICH, OF COLORADO, TO BE UNITED LAWRENCE J. BLOCK, OF VIRGINIA, TO BE A JUDGE OF TERRELL LEE HARRIS, OF TENNESSEE, TO BE UNITED STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE THE UNITED STATES COURT OF FEDERAL CLAIMS FOR A STATES ATTORNEY FOR THE WESTERN DISTRICT OF JOHN C. PORFILIO, RETIRED. TERM OF FIFTEEN YEARS, VICE ERIC G. BRUGGINK, TENNESSEE FOR THE TERM OF FOUR YEARS, VICE TERRENCE W. BOYLE, OF NORTH CAROLINA, TO BE TERM EXPIRED. VERONICA FREEMAN COLEMAN, RESIGNED. UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- DEPARTMENT OF JUSTICE MICHAEL G. HEAVICAN, OF NEBRASKA, TO BE UNITED CUIT, VICE J. DICKSON PHILLIPS, JR., RETIRED. STATES ATTORNEY FOR THE DISTRICT OF NEBRASKA EDITH BROWN CLEMENT, OF LOUISIANA, TO BE UNITED HARRY SANDLIN MATTICE, JR., OF TENNESSEE, TO BE FOR THE TERM OF FOUR YEARS, VICE THOMAS JUSTIN STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT MONAGHAN, RESIGNED. JOHN M. DUHE, JR., RETIRED. OF TENNESSEE FOR THE TERM OF FOUR YEARS, VICE THOMAS B. HEFFELFINGER, OF MINNESOTA, TO BE RICHARD R. CLIFTON, OF HAWAII, TO BE UNITED CARL KIMMEL KIRKPATRICK, RESIGNED. UNITED STATES ATTORNEY FOR THE DISTRICT OF MIN- STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE ROBERT GARNER MCCAMPBELL, OF OKLAHOMA, TO BE NESOTA FOR THE TERM OF FOUR YEARS, VICE BYRON CYNTHIA HOLCOMB HALL, RETIRED. UNITED STATES ATTORNEY FOR THE WESTERN DIS- TODD JONES, RESIGNED.

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ROSCOE CONKLIN HOWARD, JR., OF THE DISTRICT OF EXECUTIVE OFFICE OF THE PRESIDENT EXECUTIVE OFFICE OF THE PRESIDENT COLUMBIA, TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA FOR THE TERM OF FOUR YEARS, SCOTT M. BURNS, OF UTAH, TO BE DEPUTY DIRECTOR JOHN P. WALTERS, OF MICHIGAN, TO BE DIRECTOR OF VICE WILMA A. LEWIS, RESIGNED. FOR STATE AND LOCAL AFFAIRS, OFFICE OF NATIONAL NATIONAL DRUG CONTROL POLICY, VICE BARRY R. DAVID CLAUDIO IGLESIAS, OF NEW MEXICO, TO BE DRUG CONTROL POLICY. (NEW POSITION) MCCAFFREY, RESIGNED. UNITED STATES ATTORNEY FOR THE DISTRICT OF NEW DEPARTMENT OF JUSTICE MEXICO FOR THE TERM OF FOUR YEARS, VICE NORMAN DEPARTMENT OF JUSTICE C. BAY. JOHN W. GILLIS, OF CALIFORNIA, TO BE DIRECTOR OF MAURICIO J. TAMARGO, OF FLORIDA, TO BE CHAIRMAN CHARLES W. LARSON, SR., OF IOWA, TO BE UNITED THE OFFICE OF VICTIMS OF CRIME, VICE KATHRYN M. OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF STATES ATTORNEY FOR THE NORTHERN DISTRICT OF TURMAN, RESIGNED. THE UNITED STATES FOR A TERM EXPIRING SEPTEMBER IOWA FOR THE TERM OF FOUR YEARS, VICE STEPHEN 30, 2003, VICE JOHN R. LACEY. JOHN RAPP, RESIGNED. DEPARTMENT OF COMMERCE J. ROBERT FLORES, OF VIRGINIA, TO BE ADMINIS- TRATOR OF THE OFFICE OF JUVENILE JUSTICE AND DE- DEBORAH J. DANIELS, OF INDIANA, TO BE AN ASSIST- JAMES EDWARD ROGAN, OF CALIFORNIA, TO BE UNDER LINQUENCY PREVENTION, VICE SHELDON C. BILCHIK. ANT ATTORNEY GENERAL, VICE LAURIE O. ROBINSON, SECRETARY OF COMMERCE FOR INTELLECTUAL PROP- RESIGNED. ERTY AND DIRECTOR OF THE UNITED STATES PATENT IN THE ARMY JAY S. BYBEE, OF NEVADA, TO BE AN ASSISTANT AT- AND TRADEMARK OFFICE, VICE Q. TODD DICKINSON, RE- TORNEY GENERAL, VICE RANDOLPH D. MOSS, RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SIGNED. TO THE GRADE INDICATED IN THE UNITED STATES ARMY RICHARD R. NEDELKOFF, OF TEXAS, TO BE DIRECTOR DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 OF THE BUREAU OF JUSTICE ASSISTANCE, VICE NANCY DEPARTMENT OF JUDICIARY AND 3064: E. GIST, RESIGNED. SHAREE M. FREEMAN, OF VIRGINIA, TO BE DIRECTOR, To be major COMMUNITY RELATIONS SERVICE, FOR A TERM OF FOUR YEARS, VICE ROSE OCHI, TERM EXPIRED. SHAOFAN K. XU 0000

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