S 1598 CONGRESSIONAL RECORD — SENATE March 6, 1996 Luis D. Rovira, of Colorado, to be a Mem- proposed missile tests by the People’s Repub- register as a lobbyist under the Lobbying ber of the Board of Trustees of the Harry S lic of China; to the Committee on Foreign Disclosure Act of 1995 (2 U.S.C. 1601 et Truman Scholarship Foundation for a term Relations. seq.).’’. expiring December 10, 2001. f (b) REPORTING.—Section 304(b) of the Fed- Patrick Davidson, of California, to be a eral Election Campaign Act of 1971 (2 U.S.C. Member of the National Council on the Arts STATEMENTS ON INTRODUCED 434(b)) is amended— for a term expiring September 3, 2000. BILLS AND JOINT RESOLUTIONS (1) in paragraph (7), by striking ‘‘and’’ Townsend D. Wolfe, III, of Arkansas, to be after the semicolon; a Member of the National Council on the By Mr. MCCAIN: (2) in paragraph (8), by striking the period Arts for a term expiring September 3, 2000. S. 1591. A bill to prohibit campaign at the end and inserting ‘‘; and’’; and Pascal D. Forgione, Jr., of Delaware, to be expenditures for services of lobbyists, (3) by adding at the end the following new Commissioner of Education Statistics for a and for other purposes; to the Commit- paragraph: term expiring June 21, 1999. tee on Rules and Administration. ‘‘(9) for an authorized committee, an iden- Speight Jenkins, of Washington, to be a CAMPAIGN EXPENDITURES LEGISLATION tification, including the name and address, Member of the National Council on the Arts of any lobbyist (as that term is defined in Mr. MCCAIN. Mr. President, recently for a term expiring September 3, 2000. ∑ section 3 of the Lobbying Disclosure Act of Mary Burrus Babson, of Illinois, to be a the Congress was successful in passing 1995 (2 U.S.C. 1602)) who provided services to Member of the Board of Directors of the Cor- legislation that would ban gifts from the authorized committee, regardless of poration for National and Community Serv- Members and staff and put a wall be- whether disbursements were made for such ice for a term of one year. (New Position.) tween lobbyists who seek to curry spe- services.’’. (The above nominations were re- cial favor by the giving of gifts. Unfor- SEC. 2. AMENDMENT OF LOBBYING DISCLOSURE ported with the recommendation that tunately, recent news articles have ex- ACT OF 1995. they be confirmed, subject to the nomi- posed a loophole that some have sought Section 5(b) of the Lobbying Disclosure nees’ commitment to respond to re- to exploit. Specifically, some lobbyists Act of 1995 (2 U.S.C. 1604(b)) is amended— quests to appear and testify before any (1) in paragraph (3), by striking ‘‘and’’ have served as fundraisers for Members after the semicolon; duly constituted committee of the Sen- of Congress and sought to increase (2) in paragraph (4), by striking the period ate.) their influence by means of coordinat- at the end and inserting ‘‘; and’’; and f ing campaign contributions (3) by adding at the end the following new Mr. President, this practice must paragraph: INTRODUCTION OF BILLS AND stop. Registered lobbyists who work for ‘‘(5) the amount and date of each contribu- JOINT RESOLUTIONS campaigns as fundraisers clearly rep- tion by the registrant to a candidate, or an The following bills and joint resolu- resent a conflict of interest. When a authorized committee (as that term is de- fined in section 301 of the Federal Election tions were introduced, read the first campaign employs an individual who and second time by unanimous con- Campaign Act of 1971 (2 U.S.C. 431)) of a can- also lobbies that Member, the percep- didate, for the office of Senator or Rep- sent, and referred as indicated: tion of undue and unfair influence is resentative in, or Delegate or Resident Com- By Mr. MCCAIN: raised. This legislation would stop such missioner to, the Congress.’’.• S. 1591. A bill to prohibit campaign expend- practices. itures for services of lobbyists, and for other This bill would ban a candidate or a By Mr. LAUTENBERG (for him- purposes; to the Committee on Rules and Ad- self, Ms. MOSELEY-BRAUN, Mrs, ministration. candidate’s authorized committee from BOXER, Ms. SNOWE, Mr. SIMON, By Mr. LAUTENBERG (for himself, paying registered lobbyists. Addition- Mr. KERRY, and Mr. FEINGOLD): Ms. MOSELEY-BRAUN, Mrs. BOXER, Ms. ally, the bill would mandate that any SNOWE, Mr. SIMON, Mr. KERRY, and contributions made by a registered lob- S. 1592. A bill to strike the prohibi- Mr. FEINGOLD): byist be reported by such individual tion on the transmission of abortion- S. 1592. A bill to strike the prohibition on when he or she files his or her lobbying related matters, and for other pur- the transmission of abortion-related mat- disclosure report as mandated by the poses; to the Committee on the Judici- ters, and for other purposes; to the Commit- Lobbying Disclosure Act. ary. tee on the Judiciary. THE COMSTOCK CLEAN-UP ACT OF 1996 By Mr. SPECTER (for himself and Mr. Mr. President, this bill is not aimed KERREY): at any individual, but instead at a ∑ Mr. LAUTENBERG. Mr. President, S. 1593. A bill to amend the National Secu- practice that has come to light. It is on behalf of Senators SNOWE, MOSELEY- rity Act of 1947 to provide for the appoint- also not meant in any way to impugn BRAUN, BOXER, FEINGOLD, KERRY, ment of two Deputy Directors of Central In- anyone’s integrity or good name. But SIMON, and myself, today I am intro- telligence, to strengthen the authority of the it does seek to end a practice that is ducing legislation, the Comstock Director of Central Intelligence over ele- giving the Congress as a whole a bad Clean-up Act, to repeal a law that pro- ments of the Intelligence Community, and hibits the transmission of abortion-re- for other purposes; to the Select Committee name. on Intelligence. These two small changes in law rep- lated information over the Internet By Mr. HATFIELD: resent a substantial effort to close any and through the mail. S. 1594. An original bill making omnibus loopholes that exist in our lobbying Mr. President, freedom of speech is consolidated rescissions and appropriations and gift laws. The Congress has begun among the most fundamental of demo- for the fiscal year ending September 30, 1996, to make great strides to restore the cratic rights. Yet the recently-enacted and for other purposes; from the Committee public’s confidence in this institution. telecommunications bill include a lit- on Appropriations; placed on the calendar. We must continue that good work. tle-noticed provision that directly vio- By Mr. BRADLEY (for himself, Mr. Mr. President, I ask unanimous con- lates this basic principle. LEAHY, Mr. SIMON, Mr. LAUTENBERG, Mr. GRAHAM, Mr. BRYAN, Mr. PELL, sent that the text of the bill be printed The provision applies to the Internet Ms. MOSELEY-BRAUN, and Mr. in the RECORD. an archaic law known as the Comstock KERRY): There being no objection, the bill was Act. The Comstock Act prohibits the S. 1595. A bill to repeal the emergency sal- ordered to be printed in the RECORD, as interstate transport of materials that vage timber sale program, and for other pur- follows: provide information about abortion, or poses; to the Committee on Energy and Nat- S. 1591 the interstate transport of drugs or de- ural Resources. Be it enacted by the Senate and House of Rep- vices that are used to perform abor- f resentatives of the United States of America in tions. These prohibitions were first en- SUBMISSION OF CONCURRENT AND Congress assembled, acted in 1873, and they have been on SENATE RESOLUTIONS SECTION 1. AMENDMENT OF FECA. the books ever since. Under the law, The following concurrent resolutions (a) IN GENERAL.—Section 315 of the Federal first-time violators are subject to a Election Campaign Act of 1971 (2 U.S.C. 441a) fine of up to $250,000 and five years in and Senate resolutions were read, and is amended by adding at the end the follow- referred (or acted upon), as indicated: prison. ing new subsection: Mr. President, these prohibitions al- By Mr. THOMAS (for himself, Mr. ‘‘(i) Notwithstanding any other provision most certainly are unconstitutional. HELMS, Mr. MURKOWSKI, Mr. SIMON, of this Act, a candidate and the candidate’s and Mr. MACK): authorized committees shall not make dis- And, fortunately, President Clinton S. Con. Res. 43. A concurrent resolution ex- bursements for any services rendered by, any has said that his Justice Department pressing the sense of the Congress regarding individual if such individual, was required to will not enforce them. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1599 Yet many users of the Internet are SECTION 1. SHORT TITLE. sion reflecting a prosecution of abortion-re- concerned, and understandably so. This Act may be cited as the ‘‘Comstock lated speech under § 1462. After all, Bill Clinton is a pro-choice Clean-up Act of 1996’’. Nothing in the Telecommunications Act SEC. 2. IMPORTATION OR TRANSPORTATION OF provides any reason to alter the Department President. But what if Pat Buchanan CERTAIN ABORTION-RELATED MAT- of Justice’s nonenforcement policy. In his wins the Presidency? Or BOB DOLE? TERS. signing statement yesterday, the President Zealous prosecutors in their adminis- Section 1462 of title 18, United States Code, stated: trations might well use the new law to is amended by striking subsection (c). I . . . object to the provision in the Act harass people who are pro-choice, and SEC. 3. MAILING OF ABORTION-RELATED MAT- concerning the transmittal of abortion-relat- to chill speech about abortion over the TERS. ed speech and information. Current law, 18 Internet. Section 1461 of title 18, United States Code, U.S.C. 1462, prohibits transmittal of this in- In other words, if you distribute in- is amended by striking ‘‘; and—’’ and all that formation by certain means, and the Act follows through ‘‘Is declared’’ and inserting would extend that law to cover transmittal formation about abortion over the ‘‘is declared’’. Internet today, there’s no assurance by interactive computer services. The De- partment of Justice has advised me of its that you won’t be prosecuted next OFFICE OF THE ATTORNEY GENERAL, longstanding policy that this and related year. Washington, DC., February 9, 1996. abortion provisions in current law are un- Mr. President, anyone prosecuted Hon. NEWT GINGRICH, constitutional and will not be enforced be- under this law almost certainly would Speaker of the House, House of Representatives, cause they violate the First Amendment. be able to successfully challenge its Washington, DC. The Department has reviewed this provision constitutionality. Yet who wants to be DEAR MR. SPEAKER: On February 7, 1996, a of S. 652 and advises me that it provides no lawsuit was filed challenging the constitu- the one innocent American who’s basis for altering that policy. Therefore, the tionality of a provision of 18 U.S.C. § 1462, as Department will continue to decline to en- forced to defend hereself against the amended by section 507(a)(1) of the Tele- power of the U.S. Government? The force that provision of current law, amended communications Act of 1996. Sanger, et al. v. by this legislation, as applied to abortion-re- costs of defending oneself in a criminal Reno, Civ. No. 96–0526 (E.D.N.Y.). Yesterday, lated speech. case often are enormous. And many a second lawsuit was filed, raising the same The principal function of § 1462 is to pro- Internet users will be unwilling to risk challenge to § 1462 along with claims that hibit the interstate carriage of ‘‘obscene, being a test case. Current law therefore several other provisions of the Tele- lewd, lascivious, . . . filthy . . . [and] inde- threatens to have a severe chilling ef- communications Act are unconstitutional. cent’’ materials. See § 1462(a). The Supreme fect on abortion-related speech. American Civil Liberties Union, et al. v. Reno, Court has construed this prohibition to be Over the past few years, numerous Civ. No. 96–963 (E.D. Pa.). This letter relates limited to materials that meet the test of solely to the claims regarding § 1462, as pro-choice groups, such as the National ‘‘obscenity’’ announced in Miller v. Califor- amended. Plaintiffs in both cases allege that 2 Abortion and Reproductive Rights Ac- nia, 413 U.S. 15 (1973). Congress’s express § 1462, as amended, violates the First Amend- purpose in enacting the amendment to § 1462 tion League and Planned Parenthood, ment insofar as it prohibits the interstate in Telecommunications Act § 507 was to have established home pages on the transmission of certain communications re- ‘‘clarify[]’’ that obscene materials cannot be world wide web. These home pages pro- garding abortion via common carrier or via transmitted interstate via interactive com- vide important information about birth an interactive computer service. puter services.3 In this respect, § 1462 and its control, women’s health, and abortion. This is to inform you that the Department amendment in § 507 are constitutionally Women can also obtain information of Justice will not defend the constitutional- unobjectionable, and the Department will about clinics in their area over the ity of the abortion-related speech provision continue to enforce § 1462 with respect to the of § 1462 in those cases, in light of the Depart- transmittal of obscenity. Internet. Within the last month and a ment’s longstanding policy to decline to en- However, § 1462 also prohibits the inter- half alone, over 1,500 people have force the abortion-related speech prohibi- state transmission of certain communica- accessed such an Internet site. Under tions in § 1462 (and in related statutes, i.e., 18 tions regarding abortion. As amended by § 507 this new law, these 1,500 persons poten- U.S.C. § 1461 and 39 U.S.C. § 3001) because they of the Telecommunications Act, § 1462 pro- tially could have been arrested, fiend are unconstitutional under the First Amend- vides, in pertinent part, that it shall be a fel- up to $250,000, or sent to prison for five ment. ony to: years. In 1981, Attorney General Civiletti in- knowingly use[] any express company or Mr. President, this law adversely af- formed the Speaker of the House and the other common carrier or interactive com- fects people on both sides of the abor- President of the Senate that it was the pol- puter service . . . for carriage in interstate icy of the Department of Justice to refrain tion issue. Groups opposed to abortion or foreign commerce [of] . . . from enforcing similar speech prohibitions in (c) any . . . written or printed card, letter, are at risk when they mail information two cognate statutes—39 U.S.C. § 3001 and 18 circular, book, pamphlet, advertisement, or about abortion providers, just as are U.S.C. § 1461—with respect to ‘‘cases of truth- notice of any kind giving information, di- those who support abortion rights. All ful and non-deceptive documents containing rectly or indirectly, where, how, or of whom, Americans should be able to freely dis- information on how to obtain a lawful abor- or by what means any [drug, medicine, arti- cuss abortion-related matters, no mat- tion.’’ Letter to Attorney General Benjamin cle, or thing designed, adapted, or intended ter how they might feel about this R. Civiletti to the Hon. Thomas P. O’Neill, for producing abortion] may be obtained or issue. Jr., at 2 (Jan. 13, 1981). According to the At- made. So this bill would repeal the prohibi- torney General, there was ‘‘no doubt’’ that Thus, on its face, § 1462 prohibits the use of those statutes were unconstitutional as ap- an interactive computer service for ‘‘car- tion against the interstate transpor- plied to such speech. Id. at 1. The Attorney tation of drugs and articles that riage in interstate . . . commerce’’ of any in- General left open the possibility that the formation concerning ‘‘any drug, medicine, produce abortions and the dissemina- two statutes might still be applied to certain article, or thing designed, adapted, or in- tion of abortion-related information abortion-related commercial speech. Id. at 3. tended for producing abortion.’’ 4 across State lines. It also would repeal Two years later, the Supreme Court held It plainly would be unconstitutional to en- a prohibiton against mailing informa- that § 3001 cannot constitutionally be applied force § 1462 with respect to speech or infor- tion about abortions, abortion provid- to commercial speech concerning contracep- mation concerning abortion, because the re- ers and articles or drugs that produce tion, at least not where the speech in ques- striction on abortion-related speech is tion is truthful and not misleading. Bolger v. impermissibly content-based. This conclu- abortions. Youngs Drug products Corp., 463 U.S. 60 (1983). sion is confirmed by the judicial and Execu- Mr. President, I hope my colleagues The holding in Bolger would apply equally tive Branch treatment of similar prohibi- on both sides of the aisle and both sides with respect to abortion-related commercial tions on speech concerning abortion and con- of the abortion debate join me in sup- speech. See Bigelow v. Virginia, 421 U.S. 809 traception, contained in two cognate stat- port of this legislation and I ask unani- (1975). utes, 39 U.S.C. § 3001 and 18 U.S.C. § 1461. Sec- mous consent that a copy of the bill, Section 1462 is subject to the same con- tion 3001 provides that abortion and contra- and related materials, be printed in the stitutional defect as §§ 1461 and 3001 with re- ception-related speech is ‘‘nonmailable’’; and spect to its application to abortion-related § 1461 makes such mailing subject to criminal RECORD. 1 There being no objection, the mate- speech and information. As a result of the sanctions. In 1972, a district court declared Department’s conclusion that prosecution of that § 3001 was unconstitutional insofar as it rial was ordered to be printed in the abortion-related speech under § 1462 and re- rendered abortion-related speech ‘‘non- RECORD, as follows: lated statutes would violate the First mailable.’’ Atlanta Coop. News Project v. Unit- S. 1592 Amendment, the Department’s longstanding ed States Postal Serv., 350 F. Supp. 234, 238–39 Be it enacted by the Senate and House of policy has been to decline to enforce those (N.D. Ga. 1972).5 The next year, another dis- Representatives of the United States of America statutes with respect to that speech. What is trict court declared both § 3001 and § 1461 un- in Congress assembled, more, we are not aware of any reported deci- constitutional as applied to noncommercial S 1600 CONGRESSIONAL RECORD — SENATE March 6, 1996 speech concerning abortion and contracep- § 1461 because the plaintiffs in that case were § 1462(c) which deny women access to real tion. Associated Students for Univ. of Califor- not threatened with prosecution. Id. at 239. health care information about abortion. nia at Riverside v. Attorney General, 368 18 U.S.C. § 1462(c) must be repealed. Not F.Supp. 11, 21–24 (C.D. Calif. 1973). As the At- NARAL PROMOTING only does it threaten the First Amendment, torney General later explained to the Con- REPRODUCTIVE CHOICES, jeopardize free flow of medical information, gress, the Solicitor General declined to ap- Washington, DC, March 6, 1996. and exclude issues critical to women from peal the decisions in Atlanta Coop. News Hon. FRANK LAUTENBERG, new communications technology, it also re- Project and Associated Students ‘‘on the U.S. Senate, flects a broader agenda to drive abortion un- ground that 18 U.S.C. § 1461 and 39 U.S.C. Washington, DC. derground by characterizing this health care § 3001(e) were constitutionally indefensible’’ DEAR SENATOR LAUTENBERG. I am writing as an illicit procedure. as applied to abortion-related speech. See to lend NARAL’s strong support to legisla- For these reasons, we applaud your efforts Letter of Attorney General Benjamin R. tion your introducing today which seeks to to repeal § 1462(c) as a necessary step toward Civiletti to the Hon. Thomas P. O’Neill, Jr., delete the ban on abortion-related speech safeguarding women’s health and providing at 2 (Jan. 13, 1981). And, as explained above, from the 1873 Comstock Law governing the women the information they need to make in 1981 the Attorney General informed the importation or transportation of obscene thoughtful and responsible health care deci- Congress that the Department of Justice matters. A little noticed provision in the re- sions. would decline to enforce §§ 1461 and 3001 in cently passed 1996 Telecommunications Act Sincerely, cases of truthful and non-deceptive docu- resurrects and expands the 123 year old law, KATHRYN KOLBERT. ments containing information on how to ob- making it a federal crime to use interactive tain a lawful abortion. computer systems to provide or receive in- PLANNED PARENTHOOD Nothing in recent Supreme Court law re- formation about abortion. OF NEW YORK CITY, INC., specting the First Amendment has affected As an organization committed to ensuring New York, NY, February 27, 1996. the conclusions reached by the district that American women have access to all in- Hon. FRANK R. LAUTENBERG, courts in Atlanta Coop. News Project and Asso- formation relating to reproductive health U.S. Senate, Senate Hart Office Building, ciated Students, the 1981 opinion of Attorney care services, we and other pro-choice orga- Washington, DC. General Civiletti, or the Supreme Court’s de- nizations have filed a lawsuit in U.S. District DEAR SENATOR LAUTENBERG: We thank you cision in Bolger. Indeed, the Supreme Court Court in New York to block this criminal for introducing critical legislation to repeal on several recent occasions has strongly ban on abortion related speech on the the ‘‘abortion gag rule’’ portion of the Tele- reaffirmed the principle that the First Internet. communications Act. Amendment, subject only to narrow and Millions of Americans use the Internet to We are gratified that pro-choice leaders well-understood exceptions not applicable communicate with other Americans and to like you are battling this misguided attempt here, ‘‘does not countenance governmental read information on a wide range of topics. to turn back the clock 80 years—to 1916, control over the content of messages ex- The Internet provides an unprecedented op- when the Comstock Law was used to jail my pressed by private individuals.’’ Turner portunity to provide critical information grandmother and Planned Parenthood found- Broadcasting System, Inc. v. FCC, 114 S. Ct. about women’s reproductive rights and er Margaret Sanger. It is shocking to realize 2445, 2458–59 (1994) (citing R.A.V. v. City of St. health. Without swift passage of your legis- that I, too, could be jailed for violating the Paul, 505 U.S. 377 (1992); Texas v. Johnson, 491 lation, millions of American women could same law, having published on the Internet U.S. 397 (1989)). lose access to vital information they need to our brochure ‘‘How to Find A Safe Abortion In the Sanger case, Judge Sifton yesterday make informed, responsible decisions about Clinic.’’ At times like these it is reassuring denied plaintiffs’ motion for a temporary re- their reproductive health. I applaud your ef- to know that we can count on some voices of straining order after the United States At- forts to remove this anachronistic ban on reason in Congress: those who understand torney represented that the Department’s abortion-related speech and your commit- that the freedom to speak about sexual and policy is to decline to enforce the pertinent ment to ensuring that American women have reproductive health issues, including infor- provision of § 1462. Judge Sifton further ruled access to vital reproductive health care in- mation on safe abortion services are rights that a three-judge court hearing on any dis- formation. protected by our Constitution. positive motions will be convened next Sincerely, Planned Parenthood of New York City month, after briefing. In the ACLU case be- KATE MICHELMAN, deeply appreciates your courageous stance to fore Judge Buckwalter, the Government is President. protect and advance the rights of all Ameri- due to respond to a motion for a TRO on Feb- cans. We stand ready to help you in any way ruary 14, 1996. In accordance with the prac- THE CENTER FOR REPRODUCTIVE we can, and hope you will call on us to do so. tice of the Department, I am informing the LAW AND POLICY, Sincerely, Congress that in neither case will the De- New York, NY, March 5, 1996. ALEXANDER C. SANGER, partment of Justice defend the constitu- Hon. FRANK LAUTENBERG, President. tionality of the provision of § 1462 that pro- Senate Hart Office Building, hibits speech concerning abortion. Washington, DC. CALIFORNIA ABORTION AND Sincerely, DEAR SENATOR LAUTENBERG: On behalf of REPRODUCTIVE RIGHTS ACTION LEAGUE, JANET RENO. the Center for Reproductive Law and Policy San Francisco, CA, February 26, 1996. FOOTNOTES (CRLP), I am writing to support your effort SENATOR FRANK LAUTENBERG, 1 The only material difference between to repeal the ban on abortion information on Hart Office Building, § 1462 and the cognate prohibitions in §§ 1461 the Internet found in 18 U.S.C. 1462(c). CRLP, Washington, DC. and 3001 is that § 1462 regulates interstate an independent non-profit legal organization DEAR SENATOR LAUTENBERG: On behalf of ‘‘carriage’’ of information by common car- dedicated to preserving and ensuring wom- the California Abortion and Reproductive rier, rather than dissemination of that infor- en’s access to reproductive health and rights, Rights League-North (CARAL-North), I am mation through the mail. This distinction is represents the plaintiffs in Sanger v. Reno, a writing in support of legislative efforts to not material to the constitutional issue in federal case challenging this ban. amend the Comstock Act, 18 U.S.C. 1462, by this context. 18 U.S.C. § 1462(c) is an affront to the First striking subsection (c) dealing with the 2 See Hamling v. United States, 418 U.S. 87, Amendment rights of our plaintiffs, as well transportation of certain abortion-related 114 (1974); United States v. Orito, 413 U.S. 139, as all reproductive health care professionals, matters. 145 (1973), United States v. 12 200-Ft. Reels of women’s civil rights activists, students, and CARAL-North is one of the plaintiffs in Super 8mm Film, 413 U.S. 123, 130 n.7 (1973). particularly women seeking information in Sanger v. Reno, the lawsuit challenging re- 3 The Conference Committee on the Tele- order to make comprehensive reproductive cently enacted restrictions on the dissemina- communications Act noted that § 507 is in- health care decisions. 18 U.S.C. 1462(c)’s ban tion of information and material about abor- tended to address the use of computers to on abortion information on the Internet is tion. CARLA-North maintains a site on the sell or distribute ‘‘obscene’’ material. Joint broad enough to encompass a wide range of World Wide Web and uses the Internet to Explanatory Statement of the Committee of activities, including advertisement of abor- provide information about abortion and re- Conference at 77, reprinted in 142 Cong. Rec. tions services; transmission of chemical for- productive rights—activities proscribed H1130 (daily ed. Jan. 31, 1996). mulas for drugs that can be used to induce under the Comstock Act as amended by the 4 The Conference Committee Report on the abortion; purchase or sale of medical equip- telecommunications bill recently passed by Telecommunications Act explicitly notes ment used in abortion procedures; and com- Congress and signed into law by President that the prohibitions in § 1462 apply regard- puter bulletin boards or World Wide Web Clinton. less of whether the purpose for distributing sites that tell women where they can obtain CARAL-North believes that the protection the material in question is commercial or abortions. of women’s health and women’s rights re- non-commercial in nature. Joint Explana- While anti-choice forces promote coercive quires the greatest possible availability of tory Statement of the Committee of Con- so-called ‘‘informed consent’’ laws requiring information about where, when and how ference at 77, reprinted in 142 Cong. Rec. health care professionals to recite a litany of women can obtain safe and legal abortions. H1130 (daily ed. Jan. 31, 1996). unwanted and misleading information to Legislation like 18 U.S.C. 1462(c)—which re- 5 That court did not reach the merits of the women seeking abortions, they simulta- stricts or prohibits the spread of such infor- challenge to the criminal prohibition in neously enact provisions such as 18 U.S.C. mation and the transport of materials used March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1601 in performing legal, accepted medical proce- The Brown Commission, which filed issue of Soviet domination in sending dures—has no place in this society. its report last Friday, March 1, today tainted material back to the CIA, CARAL-North commends your work to testified before the Senate Intelligence which the CIA had known to be taint- protect women’s rights and health by remov- ing this barrier to reproductive health, and Committee, which I chair, and, as a ed, controlled by Soviet sources, and thanks you. courtesy, Senator KERREY, the distin- yet that information was passed on to Sincerely, guished vice chairman of the commit- the highest levels, one key bit of infor- ANN G. DANIELS, tee, and I are introducing their legisla- mation going to the White House in Executive Director. tive package. January of 1993 for both the President The Brown Commission came to and the President-elect. THE FEMINIST MAJORITY, some very important conclusions, When questioned by the Intelligence Arlington, VA, March 5, 1996. many of which I agree with, some of Committee, this ranking, ex-CIA offi- Hon. FRANK LAUTENBERG, U.S. Senate, 506 Hart Senate Office Building, which I do not agree with. cial said, ‘‘Well, we pass it on. We know Washington, DC. I think they made an important better than the customers. If we told DEAR SENATOR LAUTENBERG: On behalf of statement on the need for continuing them it was tainted, they wouldn’t use the Feminist Majority, I am writing to sup- U.S. intelligence activities because it.’’ Really, an incomprehensible sort port your effort to repeal the ban on abor- there are still many dangers in the of a situation. tion information on the Internet found in 18 world, notwithstanding the demise of I think Director Deutch has done a U.S.C. 1462(c). The Feminist Majority is one very good job in his few months at the of the plaintiffs in the Sanger v. Reno case, a the Soviet Union. They have taken a federal case challenging this ban. step to eliminate secrecy by their rec- CIA. He faces a very, very difficult sit- Use of 18 U.S.C. 1462(c) is an affront to the ommendation on the disclosure of the uation. When he concurred in testi- First Amendment rights of the Feminist Ma- total Intelligence Committee budget, a mony before the commission as to a jority and the other plaintiffs, as well as all position adopted on the floor of this Guatemala incident, that there had reproductive health care professionals, wom- body several years ago but overturned been willful failure to disclose, he later en’s civil rights activists, students, and par- changed that view in a letter to the In- ticularly women seeking information in in conference. The suggestion, I think, order to make comprehensive reproductive is very, very important as a start on telligence Committee a few days later, health care decisions. 18 U.S.C. 1462(c) is declassification. My sense has been, in showing the difficulties of being the broad enough to encompass a wide range of so many documents that crossed my Director of the CIA compared with a activities, including advertisement of abor- desk as chairman of the Intelligence more independent role or at least a dif- tion services over the Internet; Internet Committee, many are classified that ferent role than the Senate Intel- transmission of chemical formulas for drugs need not be classified. As we have seen ligence Committee has. that can be used to induce abortion; pur- We also heard testimony today from chase or sale of medical equipment used in from the recent slush fund in the NRO, abortion procedures over the Internet; and the National Reconnaissance Office, former Senator, former majority leader computer bulletin boards or World Wide Web there is a need for public scrutiny, in- Howard Baker of a very important na- sites that tell women where they can obtain vestigative reporting, so we have a bet- ture, including Senator Baker’s rec- abortions. ter idea as to what is going on in the ommendation that there be a combina- While anti-choice forces promote coercive intelligence community. Where there tion of the Senate and the House Intel- so-called ‘‘informed consent’’ laws requiring ligence Committees, a recommendation health care professionals to recite a litany of is a need for secrecy—and I think the unwanted and misleading information to presumption ought to be in favor of se- that at least preliminarily I agree women seeking abortions, they simulta- crecy, but it ought not to be absolute— with. We will have to pursue it and neously promote provisions such as 18 U.S.C. if there is a need for secrecy, then let have hearings. But it is more than 1462(c) which deny women access to real us maintain that secrecy, but let us worth considering. It is something that health care information about abortion. The not do so as a matter of rote, only as a really is an idea whose time, probably, ban must be repealed not only because it matter of reason. has come. I am just limiting the final threatens the First Amendment, jeopardizes the free flow of medical information, and ex- The Brown Commission came to the decision until we do have a hearing cludes issues critical to women from new conclusion that the Director of Central process and collaborate with our coun- communications technology, but also be- Intelligence needs to have his or her terparts in the House of Representa- cause it is part of a broader agenda to drive hand strengthened. Senator KERREY tives. abortion underground by characterizing this and I agree with that. But there is con- Mr. President, to reiterate, today health care as an illicit procedure. siderable feeling on the Intelligence Senator ROBERT KERREY and I are in- For these reasons, we applaud your efforts Committee that we need to go further troducing legislation as a courtesy to to repeal Section 1462(c) with the Freedom to the Commission on the Roles and Capa- Choose Internet Information Act of 1996 as a on that particular line. necessary step toward safeguarding women’s When the Brown Commission says bilities of the United States Intel- health and providing women the information that an enormous amount of intel- ligence Community. In August 1994, the they need to make thoughtful and respon- ligence community work ought to stay Senate adopted a provision establish- sible health care decisions. Thank you for in the Department of Defense, I have ing this Commission to ‘‘review the ef- your courage in undertaking this repeal ef- grave reservations about that. It is ficacy and appropriateness of the ac- fort. true that the Department of Defense is tivities of the United States Intel- Sincerely, the customer and the Department of ligence Community in the post-cold- ELEANOR SMEAL, war global environment.’’ On March 1, President.∑ Defense provides a great deal of the re- sources. But, if you have agencies like 1996, the Commission submitted its re- By Mr. SPECTER (for himself NRO, NSA, and so much of HUMINT— port, entitled ‘‘Preparing for the 21st and Mr. KERREY): human intelligence—remaining under Century, An Appraisal of U.S. Intel- S. 1593. A bill to amend the National the Department of Defense, it does not ligence.’’ In addition, the Commission Security Act of 1947 to provide for the give the Director of the Central Intel- submitted proposed legislation to im- appointment of two Deputy Directors ligence Agency the authority that he plement some of its proposals. We are of Central Intelligence, to strengthen needs to really be able to operate. introducing the Commission’s proposed the authority of the Director of One of the very serious problems in legislative package today at their re- Central Intelligence over elements of the intelligence community today is an quest. It is our hope that other Mem- the Intelligence Community, and for attitudinal problem. We saw that in bers of the Senate and the public at other purposes; to the Select Commit- the Aldrich Ames matter. We have seen large can participate fully in the up- tee on Intelligence. it in the investigation on Guatemala, coming debate on this important issue. THE INTELLIGENCE ORGANIZATION ACT OF 1996 where, in a hearing, one of our Mem- Moreover, the Senate Select Commit- Mr. SPECTER. Mr. President, I seek bers, Senator COHEN, was very blunt in tee on Intelligence intends to use this recognition, reasonably briefly, to in- an open hearing saying that the CIA legislation, and other Commission rec- troduce legislation proposed by the had lied in withholding information ommendations, as a basis for addi- Brown Commission on the reorganiza- from the oversight committee. tional proposals of the committee. tion of the U.S. intelligence commu- Testimony was taken by the commit- The legislation proposed by the Com- nity. tee from a veteran of the CIA on the mission would make a number of S 1602 CONGRESSIONAL RECORD — SENATE March 6, 1996 changes in the way the intelligence recommendation to make the Select telligence activities, * * *. How effec- community is organized and managed. Committee on Intelligence a standing tively and efficiently the intelligence First, it replaces the current Deputy committee. However, I believe that the community operates is to a large de- Director of Intelligence with two new Commission did not go far enough in gree a function of how these budgets Deputies: one to manage the commu- some areas. are put together and how they are ap- nity and one to manage the Central In- The changes brought about by the proved and implemented.’’ I agree with telligence Agency. In addition, it collapse of the Soviet Union have dra- this assessment and conclude that the amends the National Security Act to matic implications for U.S. intel- DCI must have ultimate control over require DCI concurrence with respect ligence efforts. The demands for rapid the formulation and execution of these to the appointment by the Secretary of responses to diverse threats in a rap- budgets if he or she is to effectively Defense of the heads of the National idly changing world necessitate a manage the intelligence community. Security Agency [NSA], the Central steamlined intelligence community The Select Committee on Intel- Imagery Office [CIO], and the National and a DCI with clear lines of authority. ligence will consider these and other Reconnaissance Office [NRO]. In addi- This is lacking in the intelligence bu- alternative proposals over the upcom- tion, its requires consultation with the reaucracy that emerged during the bi- ing weeks as we move toward mark-up DCI by the Secretaries of Defense, polar world of the cold war. of legislation to renew and reform the State, and Energy, as well as the Direc- As the Commission noted: ‘‘The In- U.S. intelligence community to meet tor of FBI, before the appointment of telligence Community * * * has the challenges of our changing world. the heads of the intelligence elements evolved over nearly 50 years and now Mr. KERREY. Mr. President, I rise within these agencies. This bill also amounts to a confederation of separate today to join with Chairman SPECTER mandates that the DCI provide to the agencies and activities with distinctly to introduce legislation. We are em- Secretary of Defense an evaluation of different histories, missions, and lines barking on a course to change the U.S. the performance of the heads of NSA, of command.’’ Recognizing the pitfalls intelligence community, and this legis- NRO and the proposed National Im- of decentralized intelligence—less at- lation is the chart upon which we will agery and Mapping Agency. The Com- tention devoted to non-Defense re- be marking that course. Over a year ago, Congress created a mission’s legislation also replaces the quirements, waste and duplication, the Presidential commission to evaluate National Intelligence Council with a absence of objective evaluation of per- the intelligence community’s ability to National Assessments Center that formance and ability to correct short- respond to a rapidly changing world. would remain under the purview of the comings, and loss of synergy—the Com- Sadly, the commission’s first chair- DCI but would be located outside the mission supported centralized manage- man, the Honorable Les Aspin, passed CIA to take advantage of a broader ment of the intelligence community by away after he had ably established the range of information and expertise. the DCI. The Commission concluded, Commission and they had started their The most extensive aspect of this leg- however, that the DCI has all the au- islation is that which addresses person- work. We owe many debts of gratitude thority needed to accomplish this ob- to Les Aspin, and this legislation is one nel issues. The Commission is propos- jective of centralized management, if more example of the fine work he did ing new legislative authority for the only he spent less time on CIA matters in the service of his country. most severely affected intelligence and had the budget presented to him in Chairman HAROLD BROWN and our agencies, for 1 year, to ‘‘rightsize’’ a clearer fashion. former colleague, Vice Chairman War- their work forces to the needs of their It is my sense that the current dis- ren Rudman, quickly took the helm, organization. Agencies wishing to incentives for intelligence to operate and the Commission embarked on al- downsize by at least 10 percent over as a community, reduce unnecessary most a year’s evaluation of the U.S. and above the current congressionally waste and duplication, and become Government’s intelligence needs and mandated levels would identify posi- more effective and efficient in meeting the intelligence community’s ability to tions to be eliminated ‘‘in order to the Nation’s needs can only be over- meet those needs. We are especially achieve more effectively and effi- come by enhancing the DCI’s statutory grateful to our able colleagues, Senator ciently the mission of the agencies authority over the budget and adminis- JOHN WARNER and Senator JIM EXON, concerned.’’ The incumbents of such tration of all nontactical intelligence who played important and active roles positions, if close to retirement, would activities and programs. A key issue in the Commission’s work. Their broad be allowed to retire with accelerated for congressional oversight of the intel- base of experience coupled with the eligibility. If not close to retirement, ligence community is accountability. other Commission members’ outstand- they would be provided generous pay It has become increasingly clear that a ing credentials permitted a wide vari- and benefits to leave the service of the single manager, the DCI, must be ac- ety of views and ideas to come to- agency concerned, or, with the concur- countable for the success or failure of gether. There are no assumptions here. rence of the agency affected, exchange the intelligence community. Therefore, They looked wide and deep. They inter- positions with an employee not in a po- the DCI must be given the authorities viewed over 200 experts and received sition identified for elimination who he needs to carry out this responsibil- formal testimony from 84 witnesses. It was close to retirement and would be ity. was a remarkable effort which has pro- allowed to leave under the accelerated For example, the Commission rec- duced a significant report. I do not con- retirement provisions. This bill also ommends that the DCI concur in the cur with all their recommendations, creates a single ‘‘senior executive serv- appointment or recommendation of the and there are some areas in which they ice’’ for the intelligence community heads of national intelligence elements do not go as far as I would. I look on under the overall management of the within the Department of Defense, and their report as a solid base upon which DCI. be consulted with respect to the ap- Congress and the administration can The Commission did an excellent job pointment of other senior officials build. identifying the key issues and the Vice within the intelligence community. We For me, one of the most important Chairman and I agree with some of believe the DCI should recommend the results of their evaluation is their reaf- their recommendations, particularly appointment of all national agency firmation of the need for intelligence. regarding institutional mechanisms for heads, with concurrence from the heads Intelligence contributes heavily to getting the policymakers more in- of the parent organizations. Along most of our national decisions about volved in identifying and prioritizing these lines, the heads of the major col- foreign policy, law enforcement, and their information needs and for ad- lection agencies should be confirmed to military matters. I am convinced intel- dressing transnational threats, ways to that position; today they are confirmed ligence is the edge we must have in the improve intelligence analysis, and the only with respect to their promotion to face of stiff global competition for need to enhance accountability and the rank designated for each position. leadership, and as our Government ful- oversight—to include declassifying the The Commission noted in its report: fills its responsibility to protect Amer- aggregate amount appropriated for the ‘‘The annual budgets for U.S. intel- icans in an increasingly dangerous intelligence budget. The committee ligence organizations constitute one of world. The Brown Commission clearly also will consider the Commission’s the principal vehicles for managing in- explains why this is so. March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1603 The Brown Commission recognized need to be strengthened beyond what Members thought they were voting the world today is very different from the Commission recommended, and the to remove dead and dying trees from the world which existed while the In- many agencies of the Intelligence Com- our national forests in order to protect telligence Community was growing up. munity need to be pulled into a closer forest health and capture the remain- Confronted with the overwhelming relationship. There is no other way to ing value of trees which had been dam- military threat of the Soviet Union, make sure both the national and mili- aged in a series of devastating forest the intelligence community responded tary customer get what they need, and fires. However, the rationale on which by organizing itself to examine every there is also no other way to wring re- the rider was based, deteriorating for- part of that military threat as best as dundancy and excess cost out of the est health conditions, the rationale on it could. While some critics argue that system. which the rider was based, is supported the intelligence community missed the I do not want leave the impression by very little data. We lack even basic big ones—the fall of the Berlin Wall, that U.S. intelligence is broken. Some- information to justify cutting trees on the collapse of the Soviet economy— thing is wrong, but the Nation is well- the scale endorsed by the rider and there is no question the United States served by the men and women of the under conditions which effectively sus- was ably informed on the Soviet intelligence agencies serving around pend environmental laws, and termi- Union’s military threat. But that the world. Their patriotism and tech- nate almost all avenues for administra- threat, while still capable of attacking nical competence is unquestioned. tive and judicial appeal. us, is receding. Moreover, the director of Central Intel- Members were surprised to find that Today, the threats, facing the United ligence, John Deutch, has brought out- the courts have interpreted the law to States do not initially present them- standing leadership to the community. mandate the cutting of some of Ameri- selves as military threats—although if Working closely with Secretary Perry, ca’s most valuable trees, including the we fail to recognize them in time, we he already has set a new course for in- healthy, old growth forests of western have to deploy our military when noth- telligence. The corporate culture which Oregon and Washington which have ing else works. The erosion of nation- allowed an Aldrich Ames to continue is been off-limits to timber sales for state power in many places, the rise of being dismembered. Congressional no- years due to environmental concerns. transnational movements and global tification of significant intelligence ac- These forests support a rich mix of fish crime, and the fierce economic com- tivities has never been more prompt and wildlife, from endangered bird spe- petition we face, have together created and complete. We need to institu- cies to commercially important salmon a new set of threats that are not mili- tionalize these changes and the superb and are valuable as well for their own tary soluble. cooperative relationship that exists be- beauty and uniqueness. Yet under the Insight and predictive analysis is as tween Director Deutch and Secretary rider these majestic trees might be important in charting the American Perry. Intelligence must and will serve sold at bargain prices under outdated course in this new world as it was in all of its customers with timely, com- contracts and using outdated environ- the old world of superpower military prehensive, and hard-hitting analysis. mental terms. confrontation. We must make sure the The Brown Commission’s recommenda- This is not just an issue for the intelligence community is optimally tions have provided us with the basis Northwest. The rider also requires that organized for this new world. That is to make this happen. the Forest Service offer salvage sales why I urge consideration of the Brown In conclusion, I want to thank Chair- in all regions of the country including Commission report, and why the Intel- man SPECTER for his leadership on this sales that would otherwise be rejected ligence Committee will take up these issue. His close attention to the chal- for legitimate environmental reasons. and other reform proposals in the lenges facing the intelligence commu- Although agencies such as the National months ahead. nity and their solutions has created an Marine Fisheries Service, Fish and The Brown Commission establishes environment where the committee can Wildlife Service and the Environ- three recurring themes about intel- draft this legislation in a thoughtful, mental Protection Agency have ob- ligence: The need to better integrate informed environment. jected to many of these sales, courts intelligence into the policy commu- have held that they must go forward, nity; the need for intelligence agencies By Mr. BRADLEY (for himself, no matter how devastating, because to operate as a community; the need to Mr. LEAHY, Mr. SIMON, Mr. LAU- they are required by the letter of the create greater efficiency. These themes TENBERG, Mr. GRAHAM, Mr. law. are clearly discernible and they also BRYAN, Mr. PELL, Ms. MOSELEY- In addition, the rider undermines are quite consistent with a large seg- BRAUN, and Mr. KERRY): President Clinton’s consensus North- ment of the public’s view on intel- S. 1595. A bill to repeal the emer- west forest plan which took many ligence: Something is wrong. If every- gency salvage timber sale program, and months to produce and gave some hope thing was all right, we wouldn’t have a for other purposes; to the Committee for settling the region’s longstanding heinous spy like Aldrich Ames; we on Energy and Natural Resources. timber wars. Instead, under the rider, wouldn’t have missed the fall of the THE RESTORATION OF NATURAL RESOURCES the timber wars have resumed at full wall or the collapse of the Soviet LAWS ON THE PUBLIC LANDS ACT OF 1996 force. Union; we wouldn’t have a palace for ∑ Mr. BRADLEY. Mr. President, today Now we have a chance to reverse the an NRO headquarters building; we I am introducing legislation to repeal mistakes we made last year and take a wouldn’t have unspent billions of NRO the emergency salvage timber provi- more measured approach to timber sal- dollars sitting around unused and wait- sions that Congress enacted as part of vage sales. First, my bill returns for- ing for a rainy day. I agree that we last year’s rescissions bill. I believe estry law to where it was before the need to better integrate intelligence that the salvage rider is one of the big- rider was passed. Trees can still be cut with policy, enhance the effectiveness gest mistakes that Congress has made but environmental laws must be of the community and improve its effi- in natural resource management in the obeyed. I believe it is appropriate to ciency. The time for reorganization is last 25 years. We need to admit our completely repeal the salvage rider, upon us. error and correct it as soon as possible not just modify it around the edges and The Brown Commission has made with new legislation. invite further confusion from the many important recommendations Both consciously and unwittingly, courts. that address each of these themes. The last Spring this body endorsed a pro- Second, my bill calls for a study of Intelligence Committee will evaluate gram of logging without laws which the forest health issue by the National them closely. But I have already con- undermines environmental protections Academy of Sciences and the General cluded that in some areas the Commis- for precious resources and has slight Accounting Office in order to deter- sion did not go far enough to ensure in- economic justification. Even worse, we mine the extent of the problem and telligence is integrated, effective, and passed the original rider with little un- how it can best be addressed, both fi- efficient in a world continuing to derstanding of its potential impact, nancially and ecologically. evolve. In my view, the authorities of without holding hearings, and based on I urge my colleagues to join me in re- the Director of Central Intelligence an ‘‘emergency’’ that may not exist. versing last year’s mistake. It is time S 1604 CONGRESSIONAL RECORD — SENATE March 6, 1996 to restore lawful logging on our na- (5) PRESENTATION.—The report shall (2) SIMILARITIES AND DIFFERENCES.—The tional forests. present data at the national forest or a com- study shall compare and contrast the various I ask unanimous consent that a copy parable level and shall be displayed geo- alternatives with systems in existence on of the bill be printed in the RECORD. graphically and tabularly. the date of the study, including— There being no objection, the bill was (6) REVIEW.—The report shall be properly (A) ecological effects; reviewed by the scientific community prior (B) forest health changes; ordered to be printed in the RECORD as to transmission under paragraph (7). (C) Federal, State, and local fiscal and follows: (7) TRANSMISSION.—The report shall be other economic consequences; and S. 1595 transmitted to Congress not later than 1 (D) opportunities for the public to be in- Be it enacted by the Senate and House of Rep- year after the date of enactment of this Act. volved in decisionmaking before activities resentatives of the United States of America in (c) ECOLOGICAL EFFICACY OF ACTIVITIES.— are undertaken. Congress assembled, (1) IN GENERAL.—Not later than 90 days (3) REQUIREMENTS OF STUDY.—To ensure SECTION 1. SHORT TITLE. after the date of enactment of this Act, the the validity of the study, in measuring the This Act may be cited as the ‘‘Restoration Secretary of Agriculture shall enter into a effect of the use of contracting, the study of Natural Resources Laws on the Public contract with the National Academy of shall specify the costs that contractors Lands Act of 1996’’. Sciences for the purpose of conducting a would bear for health care, retirement, and SEC. 2. REPEAL OF EMERGENCY SALVAGE TIM- study of the ecological and forest health con- other benefits afforded public employees per- BER SALE PROGRAM. sequences of various activities intended, at forming the same tasks. (a) DEFINITION OF SECRETARY CONCERNED.— least in part, to improve forest health. (4) TRANSMITTAL.—The report shall be In this section, the term ‘‘Secretary con- (2) ACTIVITIES EXAMINED.—The activities transmitted to Congress not later than 1 cerned’’ means— examined under paragraph (1) shall include— year after the studies conducted under sub- (1) the Secretary of Agriculture, with re- (A) site preparation for reforestation, arti- sections (c) and (d) are transmitted to Con- spect to an activity involving land in the Na- ficial reforestation, natural regeneration, gress. tional Forest System; and stand release, precommercial thinning, fer- (g) PUBLIC AVAILABILITY.—The reports con- (2) the Secretary of the Interior, with re- tilization, other stand improvement activi- ducted under this section shall be published spect to an activity involving land under the ties, salvage harvesting, and brush disposal; in a form available to the public at the same jurisdiction of the Bureau of Land Manage- (B) historical as well as recent examples time the reports are transmitted to Con- ment. and a variety of conditions in ecological re- gress. Both a summary and a full report (b) REPEAL.—Section 2001 of Public Law gions; and shall be published.∑ 104–19 (109 Stat. 240; 16 U.S.C. 1611 note) is re- (C) a comparison of various activities with- Mr. KERRY. Mr. President, today I pealed. in a watershed, including activities con- (c) SUSPENSION.— join Senator BILL BRADLEY in introduc- ducted by other Federal land management (1) IN GENERAL.—Notwithstanding any out- ing legislation to repeal the timber sal- standing judicial order or administrative de- agencies. vage rider, a law that has permitted de- cision interpreting section 2001 of Public (3) TRANSMISSION.—The report shall be structive logging of ancient forests be- Law 104–19 (109 Stat. 240; 16 U.S.C. 1611 note) transmitted to the Chief of the Forest Serv- cause it waives important environ- (as in existence prior to the date of enact- ice and to Congress not later than 2 years after the date of enactment of this Act. mental safeguards. ment of this Act), the Secretary of Agri- Let me first say that I do not oppose culture and the Secretary of the Interior (d) ECONOMIC EFFICACY OF ACTIVITIES.— (1) IN GENERAL.—The Comptroller General responsible logging on public or private shall suspend each activity that was being lands, as long as it is done in compli- undertaken in whole or in part under the au- of the United States, through the General thority provided in the section, unless the Accounting Office, shall conduct a study of ance with our environmental statutes. Secretary concerned determines that the ac- the Federal, State, and local fiscal and other The fundamental problem with the tivity would have been undertaken even in economic consequences of activities in- timber salvage provision as it is cur- the absence of the subsection. tended, at least in part, to improve forest rently written, is that it does not com- (2) RESUMPTION OF AN ACTIVITY.—The Sec- health. ply with current Federal protection retary concerned may not resume an activ- (2) COORDINATION.—The study conducted laws. ity suspended under paragraph (1) until the under this subsection shall be coordinated During debate of the 1995 Rescissions with the study conducted under subsection Secretary concerned determines that the ac- Act, proponents of the emergency tim- tivity (including any modification after the (c)— (A) to ensure that the same groups of ac- ber measure stressed the need to re- date of enactment of this Act) complies with move dead and dying trees to protect environmental and natural resource laws. tivities in the same geographic area are ex- the health of our forests in the Pacific SEC. 3. STUDIES. amined; and (B) to develop historic as well as recent ef- (a) PURPOSE.—The purpose of this section Northwest. We were told that the rider is to provide factual information useful to fects that illustrate financial and economic would not cost the federal treasury one the President and Congress in setting fund- trends. dime; in fact it would make money. We ing and operational levels for the public for- (3) FEDERAL FISCAL EFFECTS.—In assessing were told that the measure would not ests in order to ensure that the public forests the Federal fiscal effects, the Comptroller harm fish and wildlife and that it was are operated so that the health of forest re- General shall distinguish the net effects on the Treasury of the United States from needed only to expedite a small num- sources is secured with ecological and finan- ber of outstanding timber sales. cial effectiveness. changes in the balances in the various spe- (b) NATURE AND EXTENT OF THE SITUA- cial accounts and trust funds, including ap- In other words, we were told that this TION.— propriated funds used to conduct the plan- rider would be a simple fix to a small (1) IN GENERAL.—The Secretary of Agri- ning, execution, sale administration, support problem and should be added without a culture, through the research branch of the from other programs, regeneration, site res- congressional hearing or review to an Forest Service, shall undertake a study to toration, agency overhead, and payments in entirely unrelated bill that was moving report on the nature and extent of the forest lieu of taxes associated with timber cutting. quickly through congress. As are all health situation in the National Forest Sys- (4) TRANSMISSION.—The study shall be too aware, this was the way many anti- transmitted to the Chief of the Forest Serv- tem. environmental statutes were being sold (2) NATURE.—The nature of forest health ice and to Congress not later than 2 years shall be categorized into types of situations, after the date of enactment of this Act. by the Republican leadership during including— (e) IMPROVEMENT OF ACTIVITIES.—In re- the 1995 congressional term. (A) overstocked stands of unmerchantable- sponse to the findings of the National Acad- Regrettably, we know of the severe size trees; emy of Sciences and the Comptroller General environmental damage that this stat- (B) stands with excessive fuel loads; under subsections (c) and (d), the Chief of the ute has wrought on some of our most (C) mixed conifer stands with an inappro- Forest Service shall assess opportunities for beautiful and oldest forest lands. priate mix of tree species; and improvement of, and progress in improving, We now know that this statute is (D) combinations of the situations de- the ecological, economic, and fiscal con- being used to clearcut healthy forests scribed in subparagraphs (A) through (C). sequences and efficacy for each national for- across the Nation including ancient (3) EXTENT.—The extent of forest health est. forests as old as 500 years. shall include acreage estimates of each situ- (f) FOREST SERVICE STUDY.— We know that this statute will cost ation type and shall distinguish variations in (1) IN GENERAL.—The Chief of the Forest American taxpayers billions of dollars severity. Service shall conduct a study of alternative (4) REPRESENTATIVE SAMPLE MEASURE- systems for administering forest health-re- by requiring them to subsidize bargain MENTS.—If feasible, the Secretary shall use lated activities, including, modification of basement logging of our national for- representative sample measurements with a special account and trust fund management ests. specified degree of confidence in extending and reporting, land management service con- We know that timber is being the measurements to the whole population. tracting, and government logging. clearcut on steep slopes next to March 6, 1996 CONGRESSIONAL RECORD — SENATE S 1605 streams of spawning endangered salm- ice is poised to release hundreds of mil- S. 1491 on. lions of board feet of timber, and we At the request of Mr. GRAMS, the And we now know that the Federal must not leave the door open for such names of the Senator from Indiana Government is being forced to enter abuse. Both bills are steps in the right [Mr. COATS], the Senator from Michi- into far more than just a small number direction, and I hope we can unsaddle gan [Mr. ABRAHAM], and the Senator of contracts, and in fact, that the ef- the salvage rider very soon. from Kansas [Mrs. KASSEBAUM] were fect of this rider will be felt in the log- f added as cosponsors of S. 1491, a bill to ging of national forests across the reform antimicrobial pesticide reg- country. ADDITIONAL COSPONSORS istration, and for other purposes. I commend the Senator from New S. 684 S. 1524 Jersey for his leadership on this issue, At the request of Mr. HATFIELD, the At the request of Mr. LAUTENBERG, and I hope that the Senate will act ex- name of the Senator from Massachu- peditiously to enact the bill being in- the name of the Senator from Massa- setts [Mr. KENNEDY] was added as a co- chusetts [Mr. KENNEDY] was added as a troduced today and thereby repeal this sponsor of S. 684, a bill to amend the extremely harmful so-called timber cosponsor of S. 1524, a bill to amend Public Health Service Act to provide title 49, United States Code, to prohibit salvage rider. for programs of research regarding Par- Mr. LEAHY. Mr. President, we need smoking on any scheduled airline kinson’s disease, and for other pur- flight segment in intrastate, inter- our environmental laws back. Old- poses. growth trees that have stood for 400 state, or foreign air transportation. S. 949 years are falling today, and it will the S. 1554 At the request of Mr. GRAHAM, the year 2400 before we get them back. We At the request of Mr. COCHRAN, the need to restore the laws. name of the Senator from New Jersey name of the Senator from North Caro- [Mr. LAUTENBERG] was added as a co- To achieve this goal, I have cospon- lina [Mr. FAIRCLOTH] was added as a co- sored two efforts. One is a straight, sponsor of S. 949, a bill to require the sponsor of S. 1554, a bill to amend the fundamental attempt to overturn the Secretary of the Treasury to mint Fair Labor Standards Act of 1938 to salvage law, and one that is a practical coins in commemoration of the 200th clarify the exemption for houseparents attempt to stop the lawless logging. No anniversary of the death of George from the minimum wage and maximum Washington. one has worked harder than PATTY hours requirements of that act, and for MURRAY to restore economic and eco- S. 1072 other purposes. At the request of Mr. THURMOND, the logical balance to the hoax of a ‘‘jobs S. 1563 versus the environment’’ campaign. I name of the Senator from North Caro- At the request of Mr. SIMPSON, the am proud to be an original cosponsor of lina [Mr. HELMS] was added as a co- name of the Senator from Kentucky her effort. sponsor of S. 1072, a bill to redefine [Mr. MCCONNELL] was added as a co- Senator BRADLEY, ranking Democrat ‘‘extortion’’ for purposes of the Hobbs on the Forests and Public Land Man- Act. sponsor of S. 1563, a bill to amend title 38, United States Code, to revise and agement Subcommittee, has taken the S. 1217 improve eligibility for medical care lead to simply overturn one of the At the request of Mr. COATS, the worst environmental laws Congress has and services under that title, and for name of the Senator from Tennessee other purposes. considered in years. As soon as the so- [Mr. FRIST] was added as a cosponsor of called salvage law passed, industry S. 1217, a bill to encourage the provi- S. 1567 sued to cut the big old-growth trees. sion of medical services in medically At the request of Mr. LEAHY, the This will be a difficult bill to overturn, underserved communities by extending name of the Senator from Vermont especially since we still have the same Federal liability coverage to medical [Mr. JEFFORDS] was added as a cospon- Congress through which it originally volunteers, and for other purposes. sor of S. 1567, a bill to amend the Com- passed. Nonetheless, I am a proud S. 1268 munications Act of 1934 to repeal the original cosponsor of Senator BRAD- amendments relating to obscene and At the request of Mr. THOMAS, the LEY’s bill to repeal the salvage rider. name of the Senator from Mississippi harassing use of telecommunications Proponents of logging without laws facilities made by the Communications [Mr. COCHRAN] was added as a cospon- say that they must cut, build roads, sor of S. 1268, a bill to provide assist- Decency Act of 1995. risk mudslides, threaten fisheries, and ance for the establishment of commu- SENATE JOINT RESOLUTION 50 scar the forest to create jobs. The facts nity rural health networks in chron- At the request of Mr. D’AMATO, the don’t support this twisted rationale. ically underserved areas, to provide in- names of the Senator from North Caro- There were more than 14,200 new jobs centives for providers of health care lina [Mr. HELMS], the Senator from in the Rocky Mountain-Pacific North- services to furnish services in such Kentucky [Mr. MCCONNELL], and the west timber industry from 1992 until areas, and for other purposes. Senator from South Dakota [Mr. PRES- Congress forced through the rider, and SLER] were added as cosponsors of Sen- the sector was still growing. Oregon S. 1452 At the request of Mr. GRAMS, the ate Joint Resolution 50, a joint resolu- had the lowest unemployment in a gen- tion to disapprove the certification of eration. We did not need to derail name of the Senator from North Caro- lina [Mr. FAIRCLOTH] was added as a co- the President under section 490(b) of steady responsible growth with a re- the Foreign Assistance Act of 1961 re- turn to the conflicts of the 1980’s. Un- sponsor of S. 1452, a bill to establish procedures to provide for a taxpayer garding foreign assistance for Mexico fortunately, some groups have bought during fiscal year 1996. into the gluttony of the salvage rider, protection lock-box and related down- but have forgotten about putting food ward adjustment of discretionary SENATE RESOLUTION 226 on the table for working families when spending limits and to provide for addi- At the request of Mr. NUNN, the the salvage free-for-all days are over. tional deficit reduction with funds re- names of the Senator from North Caro- Our No. 1 priority should be to re- sulting from the stimulative effect of lina [Mr. HELMS] and the Senator from store stability to working families in revenue reductions. Idaho [Mr. CRAIG] were added as co- rural communities. No one can tolerate S. 1483 sponsors of Senate Resolution 226, a another short-term logging binge. The At the request of Mr. KYL, the names resolution to proclaim the week of Oc- current rider is bringing conflict. When of the Senator from Colorado [Mr. tober 13 through October 19, 1996, as it is repealed or expires, workers face BROWN], the Senator from New Hamp- ‘‘National Character Counts Week.’’ another round of economic instability shire [Mr. SMITH], the Senator from At the request of Mr. DOMENICI, the while we struggle with environmental New Hampshire [Mr. GREGG], and the names of the Senator from Alaska [Mr. triage on the forest resource. Senator from Kentucky [Mr. MCCON- STEVENS] and the Senator from West But most importantly, we need to re- NELL] were added as cosponsors of S. Virginia [Mr. ROCKEFELLER] were added store the environmental laws that this 1483, a bill to control crime, and for as cosponsors of Senate Resolution 226, Congress suspended. The Forest Serv- other purposes. supra.