March 12, 1996 CONGRESSIONAL RECORD — SENATE S1855 Col. Robert W. Wagner, 000–00–0000 Army to the grade indicated under Title 10, tion Act requirements regarding sepa- Col. Daniel R. Zanini, 000–00–0000 United States Code, sections 3385, 3392 and rate detention and confinement of ju- AIR FORCE 12203(a): veniles, and for other purposes; to the The following-named officers for pro- To be major general Committee on the Judiciary. motion in the Regular Air Force of the Brig. Gen. Stanhope S. Spears, 000–00–0000 THE JUVENILE JAIL IMPROVEMENT ACT OF 1996 United States to the grade indicated under (The above nominations were re- ∑ Mr. KOHL. Mr. President, I introduce title 10, United States Code, section 624: ported with the recommendation that the Juvenile Jail Improvement Act of To be major general they be confirmed.) 1996. Brig. Gen. Thomas R. Case, 000–00–0000 We face a growing and frightening f Brig. Gen. Donald G. Cook, 000–00–0000 tide of juvenile violence. And that tide Brig. Gen. Charles H. Coolidge, Jr., 000–00– INTRODUCTION OF BILLS AND is threatening to swamp our rural sher- 0000 JOINT RESOLUTIONS Brig. Gen. John R. Dallager, 000–00–0000 iffs. It is increasingly common for Brig. Gen. Richard L. Engel, 000–00–0000 The following bills and joint resolu- rural sheriffs to face a terrible di- Brig. Gen. Marvin R. Esmond, 000–00–0000 tions were introduced, read the first lemma every time they arrest a juve- Brig. Gen. Bobby O. Floyd, 000–00–0000 and second time by unanimous con- nile—they either have to release a po- Brig. Gen. Robert H. Foglesong, 000–00–0000 sent, and referred as indicated: tentially violent juvenile on the street Brig. Gen. Jeffrey R. Grime, 000–00–0000 By Mr. KOHL: to await trial or they have to spend in- Brig. Gen. John W. Hawley, 000–00–0000 valuable time and manpower chauf- Brig. Gen. Michael V. Hayden, 000–00–0000 S. 1604. A bill to improve the Juvenile Jus- Brig. Gen. William T. Hobbins, 000–00–0000 tice and Delinquency Prevention Act re- feuring the juvenile around their State Brig. Gen. John D. Hopper, Jr., 000–00–0000 quirements regarding separate detention and to an appropriate detention facility. Brig. Gen. Raymond P. Huot, 000–00–0000 confinement of juveniles, and for other pur- Either way, the current system makes Brig. Gen. Timothy A. Kinnan, 000–00–0000 poses; to the Committee on the Judiciary. little sense and needs to be changed. Brig. Gen. Michael C. Kostelnik, 000–00–0000 By Mr. MURKOWSKI (by request): Let me explain how this dilemma Brig. Gen. Lance W. Lord, 000–00–0000 S. 1605. A bill to amend the Energy Policy works. In most rural communities, the and Conservation Act to manage the Stra- Brig. Gen. Ronald C. Marcotte, 000–00–0000 only jail available is built exclusively Brig. Gen. Gregory S. Martin, 000–00–0000 tegic Petroleum Reserve more effectively Brig. Gen. Michael J. McCarthy, 000–00–0000 and for other purposes; to the Committee on for adults. There are no special juve- Brig. Gen. John F. Miller, Jr., 000–00–0000 Energy and Natural Resources. nile facilities. But sometimes, the com- Brig. Gen. Charles H. Perez, 000–00–0000 By Mr. HATCH (for himself, Mrs. FEIN- munity can create a separate portion Brig. Gen. Stephen B. Plummer, 000–00–0000 STEIN, Mr. THURMOND, Mr. DEWINE, of the jail for juveniles. However, under Brig. Gen. David A. Sawyer, 000–00–0000 Mr. KOHL, and Mr. BIDEN): current law, a juvenile picked up for Brig. Gen. Terryl J. Schwalier, 000–00–0000 S. 1606. A bill to control the use of biologi- criminal activity can only be held in a Brig. Gen. George T. Stringer, 000–00–0000 cal agents that have the potential to pose a separate portion of an adult facility for Brig. Gen. Gary A. Voellger, 000–00–0000 severe threat to public health and safety, up to 24 hours. After that, the juvenile AIR FORCE and for other purposes; to the Committee on the Judiciary. must be transported—often across hun- The following-named officers for appoint- dreds of miles—to a separate juvenile ment in the Air National Guard of the U.S. By Mrs. FEINSTEIN (for herself, Mr. Air Force, to the grade indicated, under the GRASSLEY, Mr. REID, and Mr. KYL): detention facility, often to be returned provisions of Title 10, United States Code, S. 1607. A bill to control access to pre- to the very same jail 2 or 3 days later Sections 8373, 8374, 12201, and 12212: cursor chemicals used to manufacture meth- for a court date. This system often amphetamine and other illicit narcotics, and To be major general leaves rural law enforcement criss- for other purposes; to the Committee on the crossing the State with a single juve- Brig. Gen. James F. Brown, 000–00–0000 Judiciary. nile—and results in massive expenses Brig. Gen. James McIntosh, 000–00–0000 By Mr. MCCAIN (for himself and Mr. To be brigadier general INOUYE): for law enforcement with little benefit Col. Gary A. Brewington, 000–00–0000 S. 1608. A bill to extend the applicability of for juveniles, who spend endless hours Col. William L. Fleshman, 000–00–0000 certain regulatory authority under the In- in a squad car. Such a process does not Col. Allen H. Henderson, 000–00–0000 dian Self-Determination and Education As- serve anyone’s interests. Col. John E. Iffland, 000–00–0000 sistance Act, and for other purposes; to the And that is not all that rural sheriffs Col. Dennis J. Kerkman, 000–00–0000 Committee on Indian Affairs. face. Even qualifying for the 24-hour Col. Stephen M. Koper, 000–00–0000 By Mr. BIDEN: exception can be a nightmare. That’s Col. Anthony L. Liguori, 000–00–0000 S. 1609. A bill to provide for the resched- because juveniles can be kept in adult uling of flunitrazepan into schedule I of the Col. Kenneth W. Mahon, 000–00–0000 jails only under a very stringent set of Col. William H. Phillips, 000–00–0000 Controlled Substances Act, and for other Col. Jerry H. Risher, 000–00–0000 purposes; to the Committee on the Judici- rules. Keeping juveniles in an adult jail Col. William J. Shondel, 000–00–0000 ary. is known as collocation. It can only be AIR FORCE f done if there is strict sight and sound The following-named officer for appoint- separation between the adults and the SUBMISSION OF CONCURRENT AND juveniles as well as completely sepa- ment to the grade of lieutenant general SENATE RESOLUTIONS while assigned to a position of importance rate staff. For many small commu- and responsibility under Title 10, United The following concurrent resolutions nities, making these physical and staff States Code, Section 601: and Senate resolutions were read, and changes to their jails is prohibitively To be lieutenant general referred (or acted upon), as indicated: expensive. Major Gen. Richard C. Bethurem, 000–00– By Mr. CAMPBELL: So sheriffs faced with diverting offi- 0000 S. Con. Res. 44. Concurrent resolution au- cers to drive around the State in The following-named officer for appoint- thorizing the use of the Capitol Grounds for search of a detention facility may ment to the grade of general while assigned an event sponsored by the Specialty Equip- chose to let the juvenile free while to a position of importance and responsi- ment Market Association; to the Committee awaiting trial. This prospect should bility under Title 10, United States Code, on Rules and Administration. frighten anyone who is aware of the Section 601: By Mr. DOLE (for himself and Mr. growing trend in juvenile violence. To be general HELMS): Today, I am introducing legislation S. Con. Res. 45. Concurrent resolution au- Lt. Gen. Michael E. Ryan, 000–00–0000 thorizing the use of the Capitol Rotunda on that is designed to cure this problem. The following-named officer for reappoint- May 2, 1996, for the presentation of the Con- My legislative solution is simple, ment to the grade of general while assigned gressional Gold Medal to Reverend and Mrs. straightforward and effective. It ex- to a position of importance and responsi- Billy Graham; considered and agreed to. tends from 24 to 72 hours the time dur- bility under Title 10, United States Code, f ing which rural law enforcement may Section 601: collocate juvenile offenders in an adult To be general STATEMENTS ON INTRODUCED facility, as long as juveniles remain Gen. Richard E. Hawley, 000–00–0000 BILLS AND JOINT RESOLUTIONS separated from adults. It also relaxes ARMY By Mr. KOHL: the requirements for acceptable col- The following U.S. Army National Guard S. 1604. A bill to improve the Juve- location. After taking a hard look at officer for promotion in the Reserve of the nile Justice and Delinquency Preven- how the collocation rules have

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1856 CONGRESSIONAL RECORD — SENATE March 12, 1996 worked—and in what ways they have SEC. 3. CLARIFICATION OF CONTACT RULES. (2) by striking paragraphs (3) and (6). failed—this legislation comes to a rea- Section 223(a)(14) of the Juvenile Justice SEC. 3. Title I of the Energy Policy and sonable compromise, and, as a result, it and Delinquency Prevention Act of 1974 (42 Conservation Act (42 U.S.C. 6211–6251) is U.S.C. 5633(a)(14)) is amended— amended— has the support of the Badger Sheriffs (1) by striking ‘‘1997’’ and inserting ‘‘2001’’; (a) by striking section 102 (42 U.S.C. 6211), Association. (2) by striking ‘‘pursuant to an enforceable (b) in section 105 (42 U.S.C. 6213)— Mr. President, one of our most im- State law requiring such appearances within (1) by amending subsection (a) to read as portant goals is assuring that any twenty-four hours after being taken into follows— changes to these rules does not sac- custody (excluding weekends and holidays)’’ ‘‘(a) The Secretary of the Interior shall rifice the safety and welfare of arrested and inserting ‘‘and permit the detention or prohibit the bidding for any right to develop juveniles. In addition to the growing confinement of juveniles in a State approved crude oil, natural gas, and natural gas liq- uids on any lands located on the Outer Con- fear about juvenile violence, we have portion of a county jail or secure detention facility for up to 72 hours’’; and tinental Shelf by any person if more than witnessed a growing anger and frustra- (3) by striking ‘‘such exceptions are’’ and one major oil company, more than one affil- tion at juveniles. That frustration all that follows through the end of the para- iate of a major oil company, or a major oil should not lead us to forget the painful graph and inserting the following: ‘‘such ex- company and any affiliate of a major oil lessons we learned many years ago ceptions— company, has or have a significant owner- about abusive and dangerous treatment ‘‘(A) are limited to areas that are in com- ship interest in that person, when the Sec- of delinquent children. Twenty years pliance with paragraph (13) and— retary determines prior to any lease sale ago, we learned about kids who were ‘‘(i) are outside a Standard Metropolitan that this bidding would adversely affect Statistical Area; and competition or the receipt of fair market thrown in jail where they were victim- ‘‘(ii) have no existing acceptable alter- value.’’, and ized and abused by adult prisoners; or native placement available that is easily ac- (2) by striking subsections (c) and (e). where, without proper supervision, cessible; (c) by striking section 106 (42 U.S.C. 6214), they committed suicide; or, where, ‘‘(B) permit the same staff members to (d) in section 151 (42 U.S.C. 6231)— guarded by people who only had experi- oversee both juveniles and adults only if (1) in subsection (a) by striking ‘‘limited’’ ence with adult prisoners, they were such staff members have been properly and ‘‘short-term’’, and trained and certified to supervise juveniles; (2) by amending subsection (b) to read as disciplined savagely. When we give in follows: to the temptation to just throw juve- and ‘‘(C) ensure that juveniles have no regular ‘‘(b) It is the policy of the United States to niles in jail and teach them a tough contact with adult persons who are incarcer- provide for the creation of a Strategic Petro- lesson, we are often ill rewarded. So ated because they have been convicted of a leum Reserve for the storage of up to 1 bil- even as we loosen these collocation re- crime or are awaiting trial on criminal lion barrels of petroleum products to reduce quirements, we must bear in mind that charges;’’.∑ the impact of disruptions in supplies of pe- the juvenile justice system still has as troleum products or to carry out obligations its principle goal rehabilitation, not By Mr. MURKOWSKI (by re- of the United States under the international quest): energy program.’’, harsh retribution. (e) in section 152 (42 U.S.C. 6232)— My conversations with administra- S. 1605. A bill to amend the Energy (1) by striking paragraphs (1) and (7), and tors, sheriffs, and juvenile court judges Policy and Conservation Act to man- (2) in paragraph (11) by striking ‘‘, the have led me to conclude that we must age the strategic petroleum reserve Early Storage Reserve, and the Regional Pe- bring greater flexibility—and less red- more effectively and for other pur- troleum Reserve ‘‘, and by adding a period tape—to the Juvenile Justice Act. It is poses; to the Committee on Energy and after Industrial Petroleum Reserve. Natural Resources. (f) by striking section 153 (42 U.S.C. 6233), my hope that this legislation—which (g) in section 154 (42 U.S.C. 6234)— offers greater flexibility while retain- THE ENERGY POLICY AND CONSERVATION ACT (1) by amending subsection (a) to read as ing important protections regarding AMENDMENTS ACT OF 1996 follows: the separation of juveniles from ∑ Mr. MURKOWSKI. Mr. President, ‘‘(a) A Strategic Petroleum Reserve for the adults—will meet with strong support pursuant to an executive communica- storage of up to 1 billion barrels of petro- from the Senate. tion referred to the Committee on En- leum products shall be created pursuant to Mr. President, I ask unanimous con- ergy and Natural Resources, at the re- this part.’’. sent that the full text of this bill be quest of the Secretary of Energy, I (2) by amending subsection (b) to read as follows: printed in the RECORD. send to the desk a bill to amend and ‘‘(b) The Secretary, acting through the There being no objection, the bill was extend certain authorities in the En- Strategic Petroleum Reserve Office and in ordered to be printed in the RECORD, as ergy Policy and conservation Act accordance with this part, shall exercise au- follows: which either have expired or will ex- thority over the development, operation, and S. 1604 pire June 30, 1996. maintenance of the Reserve.’’, and Be it enacted by the Senate and House of Rep- Although I do not necessarily agree (3) by striking subsections (c), (d), and (e). (h) by striking section 155 (42 U.S.C. 6235), resentatives of the United States of America in with all of the provisions of this bill, (i) in section 156(b) (42 U.S.C. 6236(b)), by Congress assembled, the reauthorization of the programs striking ‘‘To implement the Early Storage SECTION 1. SHORT TITLE. covered by the legislation, including Reserve Plan or the Strategic Petroleum Re- This Act may be cited as the ‘‘Juvenile the strategic petroleum reserve, is an serve Plan which has taken effect pursuant Jail Improvement Act’’. important issue that must be fully con- to section 159(a), the’’ and inserting ‘‘The’’. SEC. 2. FINDINGS. sidered by the committee and the Sen- (j) by striking section 157 (42 U.S.C. 6237), Congress finds that— ate. Thus, I introduce this draft legis- (k) by striking section 158 (42 U.S.C. 6238), (1) current Juvenile Justice and Delin- (l) by amending the heading for section 159 quency Prevention Act rules and regulations lation today and ask unanimous con- (42 U.S.C. 6239) to read, ‘‘Development, Oper- concerning the separation of adults from ju- sent that the executive communication ation, and Maintenance of the Reserve’’, veniles during short periods of detention or and the bill be printed in the RECORD (m) in section 159 (42 U.S.C. 6239)— confinement have proven unduly burdensome There being no objection, the mate- (1) by striking subsections (a), (b), (c), (d), for rural law enforcement; rial was ordered to be printed in the and (e), (2) altering requirements concerning the RECORD, as follows: (2) by amending subsection (f) to read as length of stay permitted in a State-approved follows: portion of a county jail or secure detention S. 1605 ‘‘(f) In order to develop, operate, or main- facility, while retaining the separation of ju- Be it enacted by the Senate and House of Rep- tain the Strategic Petroleum Reserve the veniles from adults, would diminish these resentatives of the United States of America in Secretary may: burdens without harm to juveniles; Congress assembled, That this Act may be ‘‘(1) issue rules, regulations, or orders; (3) the requirement of completely separate cited as the ‘‘Energy Policy and Conserva- ‘‘(2) acquire by purchase, condemnation, or staffing during these short stays also creates tion Act Amendments Act’’. otherwise, land or interests in land for the large burdens yet yields little benefit for ju- SEC. 2. Section 2 of the Energy Policy and location of storage and related facilities; veniles; and Conservation Act (42 U.S.C. 6201) is amend- ‘‘(3) construct, purchase, lease, or other- (4) experience with shared staff indicates ed— wise acquire storage and related facilities; that juveniles are not harmed by the use of (1) in paragraph (1) by striking ‘‘standby’’ ‘‘(4) use, lease, maintain, sell, or otherwise shared staff, so long as the staff members are and ‘‘, subject to congressional review to im- dispose of storage and related facilities ac- appropriately trained and certified, and juve- pose rationing, to reduce demand for energy quired under this part, under such terms and niles do not have regular contact with through the implementation of energy con- conditions as the Secretary may deem nec- adults. servation plans, and’’, and essary or appropriate;

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1857 ‘‘(5) acquire, subject to the provisions of ‘‘(d)(1) No drawdown and distribution of ‘‘(B) the Secretary notifies each House of section 160, by purchase, exchange, or other- the Strategic Petroleum Reserve may be the Congress of the determination and iden- wise, petroleum products for storage in the made unless the President has found draw- tifies in the notification the location, type, Strategic Petroleum Reserve; down and distribution is required by a severe and ownership of storage and related facili- ‘‘(6) store petroleum products in storage fa- energy supply interruption or by obligations ties proposed to be included, or the volume, cilities owned and controlled by the United of the United States under the international type, and ownership of petroleum product States or in storage facilities owned by oth- energy program.’’, proposed to be stored, in the Reserve, and an ers if those facilities are subject to audit by (3) by amending subsection (e) to read as estimate of the proposed benefits.’’. the United States; follows: (u) in section 172 (42 U.S.C. 6249a), by strik- ‘‘(7) execute any contracts necessary to de- ‘‘(e)(1) The Secretary shall sell any petro- ing subsections (a) and (b), velop, operate, or maintain the Strategic Pe- leum products withdrawn from the Strategic (v) by striking section 173 (42 U.S.C. 6249b), troleum Reserve; Petroleum Reserve at public sale to the and ‘‘(8) require an importer of petroleum prod- highest qualified bidder in the amounts for (w) in section 181 (42 U.S.C. 6251), by strik- ucts or refiner to acquire and to store and the period, and after a notice of sale the Sec- ing ‘‘June 30, 1996’’ each time it appears and maintain, in readily available inventories, retary considers proper, and without regard inserting ‘‘September 30, 2001’’. petroleum products in the Industrial Petro- to Federal, State, or local regulations con- SEC. 4. Title II of the Energy Policy and leum Reserve, under section 156; trolling sales of petroleum products. Conservation Act (42 U.S.C. 6211–6251) is ‘‘(9) require the storage of petroleum prod- ‘‘(2) The Secretary may cancel in whole or amended— ucts in the Industrial Petroleum Reserve, in part any offer to sell petroleum products (a) by striking Part A (42 U.S.C. 6261 under section 156, on terms that the Sec- as part of any drawdown and distribution through 6264), retary specifies, in storage facilities owned under this Section.’’, and (b) by striking ‘‘section 252(l)(1)’’ in section and controlled by the United States or in (4) in subsection (g)— 251(e)(1) (42 U.S.C. 6271(e)(1)) and inserting storage facilities other than those owned by (A) in paragraph (1), by striking ‘‘Distribu- ‘‘section 252(k)(1)’’, the United States if those facilities are sub- tion Plan’’ and inserting ‘‘distribution proce- (c) in section 252(42 U.S.C. 6272)— ject to audit by the United States; dures’’, (1) in subsections (a)(1) and (b), by striking ‘‘(10) require the maintenance of the Indus- (B) by striking paragraphs (2) and (6), and ‘‘allocation and information provisions of trial Petroleum Reserve; (C) in paragraph (4), by striking ‘‘90’’ and the international energy program’’ and in- ‘‘(11) bring an action, when the Secretary inserting ‘‘95’’. serting ‘‘international emergency response considers it necessary, in any court having (p) by striking section 164 (42 U.S.C. 6244), provisions’’, jurisdiction over the proceedings, to acquire (q) by amending section 165 (42 U.S.C. 6245) (2) in subsection (d)(3), by striking by condemnation any real or personal prop- to read as follows— ‘‘known’’ and inserting after ‘‘cir- erty, including facilities, temporary use of ‘‘SEC. 165. The Secretary shall report annu- cumstances’’ ‘‘known at the time of ap- facilities, or other interests in land, together ally to the President and the Congress on ac- proval’’, with any personal property located on or tions taken to implement this part. This re- (3) in subsection (e)(2) by striking ‘‘shall’’ used with the land, and port shall include— and inserting ‘‘may’’, ‘‘(12) to the extent provided in an Appro- ‘‘(1) the status of the physical capacity of (4) in subsection (f)(2) by inserting ‘‘vol- priations Act, and not withstanding section the Reserve and the type and quantity of pe- untary agreement or’’ after ‘‘approved’’, 649(b) of the Department of Energy Organiza- troleum in the Reserve; (5) by amending subsection (h) to read as ‘‘(2) an estimate of the schedule and cost to tion Act (42 U.S.C. 7259(b)), the Secretary is follows— complete planned equipment upgrade or cap- authorized to store in unused SPR facilities ‘‘(h) Section 708 of the Defense Production ital investment in the Reserve, including by lease or otherwise petroleum product Act of 1950 shall not apply to any agreement those carried out as part of operational owned by a foreign government or its rep- or action undertaken for the purpose of de- maintenance or extension of life activities; resentative, petroleum product stored under veloping or carrying out— ‘‘(3) an identification of any life-limiting this paragraph is not part of the Reserve, is ‘‘(1) the international energy program, or conditions or operational problems at any not subject to part C of this title, and not- ‘‘(2) any allocation, price control, or simi- Reserve facility, and proposed remedial ac- withstanding any provision of this Act, may lar program with respect to petroleum prod- tions including an estimate of the schedule be exported from the United States.’’. ucts under this Act.’’, and cost of implementing such remedial ac- (3) in subsection (g)— (6) in subsection (i) by inserting ‘‘annually, tions; (A) by striking ‘‘implementation’’ and in- or’’ after ‘‘least’’ and by inserting ‘‘during an ‘‘(4) a description of current withdrawal serting ‘‘development’’, and international energy supply emergency’’ and distribution rates and capabilities, and (B) by striking ‘‘Plan’’. after ‘‘months’’, an identification of any operational or other (4) by striking subsections (h) and (i), (7) in subsection (k) by amending para- (5) by amending subsection (j) to read as limitations on such rates and capabilities; graph (2) to read as follows— ‘‘(5) an identification of purchases of petro- follows: ‘‘(2) The term ‘‘international emergency leum made in the preceding year and planned ‘‘(j) When the Secretary determines that a response provisions’’ means— in the following year, including quantity, 750,000,000 barrel inventory can reasonably be ‘‘(A) the provisions of the international en- price, and type of petroleum; expected to be reached in the Reserve within ergy program which relate to international ‘‘(6) a summary of the actions taken to de- 5 years, a plan for expansion will be sub- allocation of petroleum products and to the velop, operate, and maintain the Reserve; information system provided in the program, mitted to the Congress.’’, and ‘‘(7) a summary of the financial status and (6) by amending subsection (l) to read as and financial transactions of the Strategic Pe- follows: ‘‘(B) the emergency response measures troleum Reserve and Strategic Petroleum ‘‘(l) During any period in which drawdown adopted by the Governing Board of the Inter- Reserve Petroleum Accounts for the year; national Energy Agency (including the July and distribution are being implemented, the ‘‘(8) a summary of expenses for the year, 11, 1984, decision by the Governing Board on Secretary may issue rules, regulations, or and the number of Federal and contractor ‘‘Stocks and Supply Disruptions’’) for— orders to implement the drawdown and dis- employees; tribution of the Strategic Petroleum Reserve ‘‘(9) the status of contracts for develop- ‘‘(i) the coordinated drawdown of stocks of in accordance with section 553 of title 5, ment, operation, maintenance, distribution, petroleum products held or controlled by United States Code, without regard to rule- and other activities related to the implemen- governments, and making requirements in section 523 of this tation of this part, and ‘‘(ii) complementary actions taken by gov- Act, and section 501 of the Department of ‘‘(10) any recommendation for supple- ernments during an existing or impending Energy Organization Act (42 U.S.C. 7191). mental legislation or policy or operational international oil supply disruption’’, and (n) in section 160 (42 U.S.C. 6240)— changes the Secretary considers necessary (8) by amending subsection (l) to read as (1) in subsection (a), by striking all before and appropriate to implement this part.’’. follows— the dash and inserting the following: (r) in section 166 (42 U.S.C. 6246) by striking ‘‘(l) The antitrust defense under subsection ‘‘(a) To the extent funds are available all after ‘‘appropriated’’ and inserting ‘‘the (f) shall not extend to the international allo- under section 167(b) (2) and (3) and for the funds necessary to implement this part.’’, cation of petroleum products unless alloca- purposes of implementing the Strategic Pe- (s) in section 167 (42 U.S.C. 6247)— tion is required by chapters III and IV of the troleum Reserve, the Secretary may acquire (1) in subsection (b)— international energy program during an place in storage, transport, or exchange.’’. (A) by inserting ‘‘for test sales of petro- international energy supply emergency.’’. (2) in subsection (b), by striking ‘‘including leum products from the Reserve,’’ after (d) by adding at the end of section 256(h). the Early Storage Reserve and the Regional ‘‘Strategic Petroleum Reserve,’’, and by in- ‘‘There are authorized to be appropriated for Petroleum Reserve’’ and paragraph (2), and serting ‘‘for’’ before ‘‘the drawdown’’, fiscal years 1996 through 2001, such sums as (3) by striking subsections (c), (d), (e), and (B) by striking paragraph (1), and may be necessary.’’, (g). (C) in paragraph (2), by striking ‘‘after fis- (e) by striking Part C (42 U.S.C. 271 (o) in section 161 (42 U.S.C. 6241)— cal year 1982’’. through 272), and (1) by striking subsections (b) and (c), (t) in section 171 (42 U.S.C. 6249)— (f) in section 281 (42 U.S.C. 6285), by strik- (2) by amending subsection (d)(1) to read as (1) by amending subparagraph (b)(2)(B) to ing ‘‘June 30, 1996’’ each time it appears and follows: read as follows: inserting ‘‘September 30, 2001’’.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1858 CONGRESSIONAL RECORD — SENATE March 12, 1996

SEC. 5. (a) Title III of the energy Policy strategic reserve of petroleum products, and tegic Petroleum Reserve facilities to foreign and Conservation Act (42 U.S.C. 6291–6325 and delete references to the Early Storage Re- governments or their representatives. These 6361–6374) is amended— serve, the objectives of which have been leases also may exceed the five-year limita- (1) in section 365(f) (42 U.S.C. 6325(f)) by achieved. tion of section 649(b). amending paragraph (1) to read as follows: Subsection (e) would amend section 152 of Paragraph (3) would remove references in ‘‘(1) Except as provided in paragraph (2), EPCA by deleting the definition of ‘‘Early subsection (g) of section 159 of EPCA to the for the purpose of carrying out this part, Storage Reserve’’ and ‘‘Regional Petroleum Strategic Petroleum Reserve Plan. there are authorized to be appropriated Reserve.’’ Requirements for and all ref- Paragraph (4) would delete subsections $24,650,000 million for fiscal year 1996 and for erences to these parts of the program would 159(h) and (i) of EPCA. Subsection 159(h) fiscal years 1997 through 2001, such sums as be deleted by this bill. deals with interim storage facilities which may be necessary.’’, and Subsection (f) would strike section 153 of provide for storage of petroleum prior to the (2) section 397 (42 U.S.C. 6371f) is amended EPCA and amend section 154 to reflect the creation of Government-owned facilities. to read as follows: ‘‘For the purpose of car- transfer of the Strategic Petroleum Reserve That authority is no longer needed since the rying out this part, there are authorized Office from the Federal Energy Administra- Reserve has 592 million barrels of oil in stor- $26,849,000 million to be appropriated for fis- tion to the Department of Energy. age and significant unutilized storage capac- cal year 1996 and for fiscal years 1997 through Subsection (g) would amend section 154 of ity Subsection 159(i) required the submission 2001, such sums as may be necessary.’’. EPCA to eliminate requirements for a Stra- of a report to Congress within 18 months (b) in section 400BB(b) (42 U.S.C. 6374a(b)) tegic Petroleum Reserve Plan, and for speci- after enactment of the 1990 EPCA Amend- by amending paragraph (1) to read as follows: fied fill rates and schedules, but would retain ments on the results of contract negotia- ‘‘(1) There are authorized to be appro- authority for a one billion barrel Reserve. tions conducted pursuant to part C of EPCA. priated to the Secretary for carrying out The Strategic Petroleum Reserve Plan is The Department did not conclude any con- this section such sums as may be necessary largely obsolete because the sites that are tracts pursuant to part C and the reporting for fiscal years 1996 through 2001, to remain described for development in the Plan have provision has expired by its own terms. available until expended.’’. now been developed. The need for the Draw- Paragrah (5) would amend subsection 159(j) SEC. 6. Title V of the Energy Policy and down and Distribution Plan, contained in of the EPCA to reflect the elimination of the Conservation Act (42 U.S.C. 6381–6422) is Plan Amendment 4, is eliminated by the statutory requirement for a Strategic Petro- amended— amendment to section 159, which would cod- leum Reserve Plan by amendment of section (1) by striking section 507 (42 U.S.C. 6385), ify competitive sales as the drawdown and 154 of the Act. This amendment would con- and distribution policy and elimination alloca- tinue the requirement for submission to Con- (2) by striking section 522 (42 U.S.C. 6392). tion as a method of distribution. gress of proposed plans for expansion of stor- Subsection (h) would delete section 155 of age capacity following a determination by SECTION-BY-SECTION EPCA, which requires the establishment of the Secretary that the Reserve can reason- SECTION 2. AMENDMENTS TO THE STATEMENT OF an Early Storage Reserve. All of the volu- ably be expected to be filed to 750 million PURPOSES metric goals for the Early Storage Reserve barrels within five years. This reflects the Section 2 of the bill would amend section 2 have been accomplished, and there is no uncertain financing situation for filling of the Energy Policy and Conservation Act longer a distinction between the Early Stor- available capacity in the Reserve and makes (EPCA). age Reserve and any other facilities or petro- planning for capacity expansion beyond cur- Paragraph (1) would strike language refer- leum that make up the Strategic Petroleum rent capacity premature. ring to standby energy conservation and ra- Reserve. Paragraph (6) would amend subsection tioning authorities in title II, part A, which Subsection (i) would amend section 156(b) 159(l) to eliminate the reference to the Dis- expired June 30, 1985. of EPCA on the Industrial Petroleum Re- tribution Plan, but would retain the Sec- Paragraph (2) would strike paragraphs (3) serve authority to remove references to the retary’s authority, during drawdown and dis- and (6) of the Statement of Purposes to re- Early Storage Reserve and the Strategic Pe- tribution of the Reserve, to promulgate regu- flect the bill’s elimination of sections 102 (in- troleum Reserve Plan, which are being de- lations necessary to the drawdown and dis- centives to develop underground coal mines) leted by other amendments. tribution without regard to rulemaking re- Subsection (j) would delete section 157, Re- and 106 (Production of oil or gas at the max- quirements in section 523 of this Act and sec- gional Petroleum Reserve. Section 157 of the imum efficient rate and temporary emer- tion 501 of the Department of Energy Organi- Act requires the establishment of regional gency production rate). zation Act. petroleum reserve of refined products in Fed- Subsection (n) would amend section 160 of SECTION 3. AMENDMENTS TO TITLE I OF EPCA eral Energy Administration regions that are EPCA. Subsection (a) would strike section 102 of dependent upon imports for more than 20 Paragraph (l) would amend subsection EPCA. percent of their consumption. The Depart- 160(a) of EPCA to provide that the Sec- Section 102 of EPCA provides a loan guar- ment determined to substitute crude oil for retary’s authority to acquire petroleum anty program to encourage the opening of products and also determined that the Gulf products for the Strategic Petroleum Re- underground coal mines. Coal supply, how- Coast area is near enough to all areas to pro- serve is contingent on the availability of ever, is abundant, and the loan guarantee vide protection. funds. program has been inactive since the early Subsection (k) would delete 158 of EPCA. Paragraph (2) would amend subsection 1980s. Because there is no current or foresee- Section 158 requires reports to Congress on 160(b) of EPCA by striking the references to able need for the program authorized by sec- Utility Reserves, Coal Reserves, and Remote the Early Storage Reserve and the Regional tion 102 of EPCA, it is appropriate to delete Crude Oil and Natural Gas Reserves within Petroleum Reserve, which would be elimi- the section. six months of passage of the original Act. nated by this bill. Subsection (b) would amend section 105(a) This requirement has been fulfilled. Paragraph (3) would strike subsections 160 of EPCA by providing that the Secretary of Subsection (l) would amend the heading for (c), (d), (e), and (g) of EPCA. the Interior may allow joint bidding by section 159 of EPCA to reflect amendment to Subsection 160(c) of EPCA requires min- major oil companies unless the Secretary de- its contents. imum fill rates. These requirements have termines that this bidding would adversely Subsection (m) would amend section 159 of proved unrealistic given changes in oil mar- affect competition or the receipt of fair mar- EPCA. kets and availability of financing. The pro- ket value. If the Secretary decides to pro- Paragraph (1) would eliminate subsections posed amendment gives the Secretary flexi- hibit joint bidding, it may be done without (a) through (e) of section 159 of EPCA, which bility to fill the Reserve contingent upon the issuing a rule, as previously required. This require Congressional review of the Stra- availability of funds. change would render unnecessary the exemp- tegic Petroleum Reserve Plan and provide Subsection 160(d) links sales authority for tion process required in section 105(c). The for Plan amendments, to reflect the deletion the United States’ share of crude oil at report required in section 105(e) has been of the requirement for a Strategic Petroleum Naval Petroleum Reserve Numbered 1 to a issued to Congress. Reserve Plan in subsection (g) of this amend- fill level of 750,000,000 barrels or a fill rate of Subsection (c) would strike section 106 of ment. 75,000 barrel per day. The requirement for EPCA. Paragraph (2) would amend subsection Strategic Petroleum Reserve fill is depend- Section 106 of EPCA directs the Secretary 159(f) of EPCA to eliminate references to the ent on the availability of financing for Stra- of the Interior to determine the maximum Strategic Petroleum Reserve Plan and the tegic Petroleum Reserve acquisition, and the efficient rate of production and the tem- Early Storage Reserve Plan. This amend- logistics of moving Naval Petroleum Reserve porary emergency rate of production, if any, ment also would clarify and make explicit Numbered 1 crude oil to the Strategic Petro- for each field on Federal lands which pro- the Secretary’s discretionary authority to leum Reserve have proved to be very prob- duces or is capable of producing significant lease, sell, or otherwise dispose of underuti- lematic. volumes of crude oil or natural gas. The lized Strategic Petroleum Reserve facilities. Subsection 160(e) describes various excep- President may then require production at If necessary or appropriate, lease terms tions to the linkage between the Naval Pe- those rates, and the owner may sue for dam- could exceed the five-year limitation of sec- troleum Reserve Numbered 1 crude oil sales ages if economic loss is incurred. tion 649(b) of the Department of Energy Or- authority and the Strategic Petroleum Re- Subsection (d) would amend section 151 of ganization Act. In addition, the Secretary is serve fill rate, which would be eliminated by EPCA to clarify the policy for establishing a given authority to lease under-utilized Stra- this bill.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1859 Subsection 160(g) requires a refined petro- Subsection (r) would amend section 166 of amendment would extend the section 252 leum product reserve test in fiscal years EPCA to authorize appropriations necessary antitrust defense (but not the breach of con- 1992–94, and a report to Congress. The test to implement the Strategic Petroleum Re- tract defense) to U.S. companies when they was not conducted due to insufficient appro- serve, and to delete year specific authoriza- assist the International Energy Agency priations in fiscal year 1992 and fiscal year tions for the early years of the Reserve. (‘‘IEA’’) in planning for and implementing 1993 and was waived in fiscal year 1994. The Subsection (s) would amend section 167 of coordinated drawdown of government-owned required report has been submitted. EPCA to clarify that funds generated by test or government-controlled petroleum stocks. Subsection (o) would amend section 161 of sales will be deposited in the SPR Petroleum In 1984, largely at the urging of the United EPCA. Account. The amendment would remove lan- States, the IEA’s Governing Board adopted a Paragraph (1) would strike subsections 161 guage specific to fiscal year 1982 which lim- decision on ‘‘Stocks and Supply Disruptions’’ (b) and (c) of EPCA, because they refer to its the amount of money in the SPR Petro- which established a framework for coordi- both the Strategic Petroleum Reserve Plan leum Account that year. The amendment nating the drawdown of member countries’ and the Early Storage Reserve Plan which also would delete reference to the use of government-owned and government-con- would be eliminated by this bill. funds for interim storage, which will not be trolled petroleum stocks in those oil supply Paragraph (2) would amend subsection needed because the permanent facilities are disruptions that appear capable of causing 161(d)(1) of EPCA by eliminating the ref- complete for the storage of 750 million bar- severe economic harm, whether or not suffi- erences to the Distribution Plan contained rels of oil. cient to activate the IEP emergency oil shar- in the Strategic Petroleum Reserve Plan but Subsection (t) would amend section 171 of ing and information programs. During the would not change the existing conditions for EPCA to eliminate the reference to a re- 1990–91 Persian Gulf crisis the IEA success- Presidential decision to draw down and dis- quirement for information identical to that fully tested the new coordinated stockdraw tribute the Reserve. in section 154(e) of EPCA. Section 154(e) de- policy. Paragraph (3) would amend subsection scribes information that is included in the Paragraph 1 would amend subsections 161(e) of EPCA to require the Secretary to Strategic Petroleum Reserve Plan, which is 252(a) and (b) of EPCA. These sections would distribute oil from the Reserve via a public deleted in this legislation. Instead, when the be amended by substituting the term ‘‘inter- competitive sale to the highest qualified bid- Secretary notifies the Congress that the De- national emergency response provisions’’ for der. The amendment eliminates the Sec- partment intends to contract for storage of the term ‘‘allocation and information provi- retary’s allocation authority. petroleum under part C, the notification will sions of the international energy program.’’ The amendment also would make explicit include a requirement for information more The new term establishes the scope of oil the authority of the Secretary to cancel a pertinent to the contract. company activities covered by the antitrust sale in progress. This authority would enable Subsection (u) would amend section 172 of defense and includes actions to assist the the Secretary to respond to inordinately low EPCA. IEA in implementing coordinated drawdown bids, changes in market conditions, or a sud- Paragraph (1) would delete subsections (a) of petroleum stocks. den reversal in the nature of the shortage or and (b). The exemption in subsection (a) Paragraph 2 would amend paragraph emergency. from the requirement for a Strategic Petro- 252(d)(3) of EPCA to clarify that a plan of ac- Paragraph (4) would amend subsection leum Reserve Plan amendment is no longer tion submitted to the Attorney General for 161(g) of EPCA. necessary because the bill eliminates the re- approval must be as specific in its descrip- Subparagraph (4)(A) would amend sub- quirement for Plan amendments. Subsection tion of proposed substantive actions as is section 161(g)(1) of EPCA to substitute ‘‘dis- (b) provides that, for purposes of meeting the reasonable ‘‘in light of circumstances known tribution procedures’’ for ‘‘Distribution fill rate requirement in section 160 (d)(1) of at the time of approval’’ rather than ‘‘in Plan’’. EPCA part C contract oil which is removed light of known circumstances.’’ Subparagraph (4)(B) would strike sub- from the Reserve at the end of the contract Paragraph 3 would amend paragraph section 161(g)(2) of EPCA because it refers to agreement shall be considered part of the Re- 252(e)(2) of EPCA to give the Attorney Gen- the Distribution Plan eliminated by the bill, serve until the beginning of the fiscal year eral flexibility in promulgating rules con- and subsection 161(g)(6) of EPCA because it following the fiscal year in which the oil is cerning the maintenance of records by oil refers to the minimum required fill rate removed. This subsection is unnecessary companies related to the development and eliminated by the bill. since the requirement for specific fill rates is carrying out of voluntary agreements and Subparagraph (4)(C) would amend section deleted by amendment of section 160 of the plans of action. 161(g)(4) of EPCA to prevent the Secretary Act. Paragraph 4 would amend paragraph from selling oil during a test sale of the Subsection (v) would delete section 173 of 252(f)(2) of EPCA to clarify that the antitrust Strategic Petroleum Reserve at a price less EPCA which requires congressional review defense applies to oil company actions taken than ‘‘95 percent’’ of the sales price of com- and therefore, public scrutiny of the details to carry out an approved voluntary agree- parable crude oil being sold in the same area of contracts even though no implementing ment as well as an approved plan of action. at the time the Secretary is offering crude legislation is needed, and requires a 30-day Paragraph 5 would amend subsection 252(h) oil for sale rather than ‘‘90 percent’’ cur- ‘‘lie before’’ period before the contract can of EPCA to strike the reference to section rently stipulated in this section. Since 10 go into effect. This requirement is a substan- 708(A) of the Defense Production Act of 1950, percent of current prices upward of $1.50 per tial impediment to acquisition of oil for the which was repealed by Public Law 102–558 barrel, the Department believes a smaller Reserve by ‘‘leasing’’ and other alternative (October 28, 1992), and the reference to the range of difference in price would protect the financing methods authorized by EPCA, part Emergency Petroleum Allocation Act of 1973, Department from selling the oil below nor- C. which expired in 1981. mal variations in market prices. Paragraph 6 would amend subsection 252(i) Subsection (w) would amend section 181 of Subection (p) would strike section 164 of of EPCA to require the Attorney General and EPCA by extending the expiration date of EPCA. Section 164 of EPCA required a study the Federal Trade Commission to submit re- title I, parts B and C from June 30, 1996 to of the use of Naval Petroleum Reserve No 4 ports to Congress and to the President on the September 30, 2001. jointly by the Secretaries of Energy, the In- impact of actions authorized by section 252 Public Law 103–406 extended the expiration terior and the Navy, with a report to Con- on competition and on small businesses an- date to June 30, 1996. gress within 180 days of the passage of the nually rather than every six months, except original Act. The study and report were com- SECTION 4. AMENDMENTS TO TITLE II OF EPCA during an ‘‘international energy supply pleted. Subsection (a) would strike part A of EPCA emergency,’’ when the reports would be re- Subsection (q) would amend section 165 of title II, which contains the authorities for quired every six months. EPCA by deleting the requirement for quar- gasoline rationing and other mandatory en- Paragraph 7 would amend paragraph terly reports on the operation of the Stra- ergy conservation measures which expired on 252(k)(2) of EPCA by substituting a defini- tegic Petroleum Reserve, and requiring in- July 1, 1985. tion of the term ‘‘international emergency stead an annual report consistent with other Subsection (b) would amend section 251(e)(1) response provisions’’ for the present defini- parts of this amendment. Quarterly reports, by striking section ‘‘252(l)(l)’’ and inserting tion of ‘‘allocation and information provi- considered important during the early in lieu thereof ‘‘252(k)(l).’’ sions of the international energy program.’’ growth period of the Strategic Petroleum Subsection (c) would amend section 252 of The new term, which establishes the scope of Reserve to inform the Congress of progress EPCA, which makes available to United company actions covered by the antitrust in construction and the rate of fill, are now States oil companies a limited antitrust de- defense, covers (A) the allocation and infor- unnecessary, and their deletion would save fense and breach of contract defense for ac- mation provisions of the IEP and (B) emer- administrative costs. Subsection (q) would tions taken to carry out a voluntary agree- gency response measures adopted by the IEA also eliminate references to the Strategic ment or plan of action to implement the ‘‘al- Governing Board for the coordinated draw- Petroleum Reserve Plan, the Distribution location and information provisions’’ of the down of stocks of petroleum products held or Plan, and the Early Storage Reserve, which Agreement on an International Energy Pro- controlled by governments and complemen- are eliminated by the bill and would change gram (‘‘IEP’’). These limited defenses are tary actions taken by governments during some of the requirements for information to now available only in connection with the an existing or impending international oil be included in the annual report to reflect companies’ participation in planning for and supply disruption, whether or not inter- more accurately the current status of the implementation of the IEP’s emergency oil national allocation of petroleum products is Reserve. sharing and information programs. The required by the IEP.

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1860 CONGRESSIONAL RECORD — SENATE March 12, 1996 Paragraph 8 would amend subsection 252(l) pating in the International Energy Agency porary emergency rate of production, if any, of EPCA to make clear that the antitrust de- would be clarified by the proposed legisla- for each field on Federal lands which pro- fense does not extend to international allo- tion. Titles I and II are proposed for exten- duces or is capable of producing significant cation of petroleum unless the IEA’s Emer- sion beyond their June 30, 1996 expiration volumes of crude oil or natural gas. The gency Sharing System has been activated. date. President may then require production at Subsection (d) would amend subsection Title III contains authorities for certain those rates, and the owner may sue for dam- 256(h) of EPCA to authorize appropriations energy efficiency and conservation pro- ages if economic loss is incurred. for fiscal years 1996 through 2001 for the ac- grams. The authorization of appropriations Subsection (d) would amend section 151 of tivities of the interagency working group has expired for these programs. These suc- EPCA to clarify the policy for establishing a and interagency working subgroups estab- cessful and very cost beneficial programs, strategic reserve of petroleum products, and lished by section 256 of EPCA to promote ex- designed to encourage and subsidize demand delete references to the Early Storage Re- ports of renewable energy and energy effi- reducing investment and manufacturing, are serve, the objectives of which have been ciency products and services. proposed for extension without amendment. achieved. Subsection (e) would strike EPCA part C, Title V contains residual provisions from the Subsection (e) would amend section 152 of which was added to the EPCA by the Energy Federal Energy Administration pertaining to EPCA by deleting the definition of ‘‘Early Emergency Preparedness Act of 1982 and energy data bases and information, and gen- Storage Reserve’’ and ‘‘Regional Petroleum which required the submission to Congress of eral and administrative matters. Those pro- Reserve.’’ Requirements for and all ref- reports on energy emergency legal authori- visions which hinder the flexibility of the erences to these parts of the program would ties and response procedures. The reporting Administrator of the Energy Information be deleted by this bill. Subsection (f) would strike section 153 of requirement was fulfilled in 1982. Administration to collect currently mean- EPCA and amend section 154 to reflect the Subsection (f) would amend section 281 of ingful information are proposed for deletion. transfer of the Strategic Petroleum Reserve EPCA by extending the expiration date of The proposed legislation would extend the Office from the Federal Energy Administra- title II from June 30, 1996 to September 30, Strategic Petroleum Reserve, participation 2001. tion to the Department of Energy. in the International Energy Program, and Subsection (g) would amend section 154 of Public Law 103–406 extended the expiration conservation and efficiency authorities to date to June 30, 1996. EPCA to eliminate requirements for a Stra- September 30, 2001. It would revise or delete tegic Petroleum Reserve Plan, and for speci- SECTION 5. AMENDMENTS TO TITLE III OF EPCA certain provisions which are outdated or un- fied fill rates and schedules, but would retain Subsection (a) would amend sections 365 necessary. authority for a one billion barrel Reserve. and 397 of EPCA, which provide authoriza- The proposed legislation and a sectional The Strategic Petroleum Reserve Plan is tion for appropriations for fiscal years 1991, analysis are enclosed. largely obsolete because the sites that are 1992, and 1993 for State Energy Conservation The Office of Management and Budget ad- described for development in the Plan have programs and the Energy Conservation Pro- vises that enactment of this proposal would now been developed. The need for the Draw- gram for Schools and Hospitals. The amend- be in accord with the program of the Presi- down and Distribution Plan, contained in ment would authorize appropriations of dent. We look forward to working with the Plan Amendment 4, is eliminated by the $24.651 million for section 365 and $26.849 mil- Congress toward enactment of this legisla- amendment to section 159, which would cod- lion for section 397 for fiscal year 1996 and tion. ify competitive sale as the drawdown and such funds as may be necessary for fiscal Sincerely, distribution policy and eliminate allocation years 1997 through 2001. HAZEL R. O’LEARY. as a method of distribution. Subsection (b) would amend section 400BB Enclosures. Subsection (h) would delete section 155 of to extend the authorization for the appro- SECTION-BY-SECTION EPCA, which requires the establishment of priation of the Alternative Fuels Truck an Early Storage Reserve. All of the volu- SECTION 2. AMENDMENTS TO THE STATEMENT OF Commercial Application Program to fiscal metric goals for the Early Storage Reserve PURPOSES year 2001. have been accomplished, and there is no Section 2 of the bill would amend section 2 SECTION 6. AMENDMENTS TO TITLE V OF EPCA longer a distinction between the Early Stor- of the Energy Policy and Conservation Act Paragraph 1 would delete section 507 of the age Reserve and any other facilities or petro- (EPCA). leum that make up the Strategic Petroleum Act, which provides that the Energy Infor- Paragraph (1) would strike language refer- mation Administration must continue to Reserve. ring to standby energy conservation and ra- Subsection (i) would amend section 156(b) gather the same data on pricing, supply and tioning authorities in title II, part A, which of EPCA on the Industrial Petroleum Re- distribution of petroleum products as it did expired June 30, 1985. serve authority to remove references to the on September 1, 1981. This section hinders Paragraph (2) would strike paragraphs (3) Early Storage Reserve and the Strategic Pe- the flexibility of the Administrator to col- and (6) of the Statement of Purposes to re- troleum Reserve Plan, which are being de- lect information that is currently meaning- flect the bill’s elimination of sections 102 (in- leted by other amendments. ful. There is no reason to have a statutory centives to develop underground coal mines) Subsection (j) would delete section 157, Re- prohibition against modifying and amending and 106 (Production of oil or gas at the max- gional Petroleum Reserve. Section 157 of the the types of data collected. imum efficient rate and temporary emer- Act requires the establishment of regional Paragraph 2 would delete section 522 of the gency production rate). petroelum reserve of refined products in Fed- Act, which provides conflict of interest dis- eral Energy Administration regions that are closure requirements for the Federal Energy SECTION 3. AMENDMENTS TO TITLE I OF EPCA dependent upon imports for more than 20 Administration. This section was superseded Section (a) would strike section 102 of percent of their consumption. The Depart- by the Department of Energy Organization EPCA. ment determined to substitute crude oil for Act. Section 102 of EPCA provides a loan guar- anty program to encourage the opening of products and also determined that the Gulf Coast area is near enough to all areas to pro- SECRETARY OF ENERGY, underground coal mines. Coal supply, how- ever, is abundant, and the loan guarantee vide protection. Washington, DC, October 10, 1995. Subsection (k) would delete 158 of EPCA. Hon. AL GORE, program has been inactive since the early Section 158 requires reports to Congress on President of the Senate, 1980s. Because there is no current or foresee- Utility Reserves, Coal Reserves, and Remote Washington, DC. able need for the program authorized by sec- Crude Oil and Natural Gas Reserves within DEAR MR. PRESIDENT: Enclosed is a legisla- tion 102 of EPCA, it is appropriate to delete six months of passage of the original Act. tive proposal cited as the ‘‘Energy Policy the section. This requirement has been fulfilled. and Conservation Act Amendments Act of Section (b) would amend section 105(a) of Subsection (l) would amend the heading for 1995.’’ This proposal would amend and extend EPCA by providing that the Secretary of the section 159 of EPCA to reflect amendment to certain authorities in the Energy Policy and Interior may allow joint bidding by major oil its contents. Conservation Act (Act) which either have ex- companies unless the Secretary determines Subsection (m) would amend section 159 of pired or will expire June 30, 1996. Not all sec- that this bidding would adversely affect EPCA. tions of the current act are proposed for ex- competition or the receipt of fair market Paragraph (l) would eliminate subsections tension. value. If the Secretary decides to prohibit (a) through (e) of section 159 of EPCA, which The Act was passed in 1975. Title I author- joint bidding, it may be done without issuing require Congressional review of the Stra- izes the creation and maintenance of the a rule, as previously required. This change tegic Petroleum Reserve Plan and provide Strategic Petroleum Reserve that would would render unnecessary the exemption for Plan amendments, to reflect the deletion mitigate shortages during an oil supply dis- process required in section 105(c). The report of the requirement for a Strategic Petroleum ruption. Title II contains authorities essen- required in section 105(e) has been issued to Reserve Plan in subsection (g) of this amend- tial for meeting key United States obliga- Congress. ment. tions to the International Energy Agency. Section (c) would strike section 106 of Paragraph (2) would amend subsection 159 This is our method of coordinating energy EPCA. (f) of EPCA to eliminate references to the emergency response programs with other Section 106 of EPCA directs the Secretary Strategic Petroleum Reserve Plan and the countries. The current antitrust defense of the Interior to determine the maximum Early Storage Reserve Plan. This amend- available to American companies partici- efficient rate of production and the tem- ment also would clarify and make explicit

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1861 the Secretary’s discretionary authority to leum Reserve have proved to be very prob- also eliminate references to the Strategic lease, sell, or otherwise dispose of underuti- lematic. Petroleum Reserve Plan, the Distribution lized Strategic Petroleum Reserve facilities. Subsection 160(e) describes various excep- Plan, and the Early Storage Reserve, which If necessary or appropriate, lease terms tions to the linkage between the Naval Pe- are eliminated by the bill and would change could exceed the five-year limitation of sec- troleum Reserve Numbered 1 crude oil sales some of the requirements for information to tion 649(b) of the Department of Energy Or- authority and the Strategic Petroleum Re- be included in the annual report to reflect ganization Act. In addition, the Secretary is serve fill rate, which would be eliminated by more accurately the current status of the given authority to lease under-utilized Stra- this bill. Reserve. tegic Petroleum Reserve facilities to foreign Subsection 160(g) requires a refined petro- Subsection (r) would amend section 166 of governments or their representatives. These leum product reserve test in fiscal years EPCA to authorize appropriations necessary leases also may exceed the five-year limita- 1992–94, and a report to Congress. The test to implement the Strategic Petroleum Re- tion of section 649(b). was not conducted due to insufficient appro- serve, and to delete year specific authoriza- Paragraph (3) would remove references in priations in fiscal year 1992 and fiscal year tions for the early years of the Reserve. subsection (g) of section 159 of EPCA to the 1993 and was waived in fiscal year 1994. The Subsection (s) would amend section 167 of Strategic Petroleum Reserve Plan. required report has been submitted. EPCA to clarify that funds generated by test Paragraph (4) would delete subsections Subsection (o) would amend section 161 of sales will be deposited in the SPR Petroleum 159(h) and (i) of EPCA. Subsection 159(h) EPCA. Account. The amendment would remove lan- deals with interim storage facilities which Paragraph (1) would strike subsections 161 guage specific to fiscal year 1982 which lim- provide for storage of petroleum prior to the (b) and (c) of EPCA, because they refer to its the amount of money in the SPR Petro- creation of Government-owned facilities. both the Strategic Petroleum Reserve Plan leum Account that year. The amendment That authority is no longer needed since the and the Early Storage Reserve Plan which also would delete reference to the use of Reserve has 592 million barrels of oil in stor- would be eliminated by this bill. funds for interim storage, which will not be age and significant unutilized storage capac- Paragraph (2) would amend subsection needed because the permanent facilities are ity. Subsection 159(i) required the submis- 161(d)(1) of EPCA by eliminating the ref- complete for the storage of 750 million bar- sion of a report to Congress within 18 months erences to the Distribution Plan contained rels of oil. Subsection (t) would amend section 171 of after enactment of the 1990 EPCA Amend- in the Strategic Petroleum Reserve Plan but EPCA to eliminate the reference to a re- ments on the results of contract negotia- would not change the existing conditions for quirement for information identical to that tions conducted pursuant to part C of EPCA. Presidential decision to draw down and dis- tribute the Reserve. in section 154(e) of EPCA. Section 154(e) de- The Department did not conclude any con- scribes information that is included in the tracts pursuant to part C, and the reporting Paragraph (3) would amend subsection 161(e) of EPCA to require the Secretary to Strategic Petroleum Reserve Plan, which is provision has expired by its own terms. deleted in this legislation. Instead, when the Paragraph (5) would amend subsection distribute oil from the Reserve via a public Secretary notifies the Congress that the De- 159(j) of EPCA to reflect the elimination of competitive sale to the highest qualified bid- partment intends to contract for storage of the statutory requirement for a Strategic der. The amendment eliminates the Sec- retary’s allocation authority. petroleum under part C, the notification will Petroleum Reserve Plan by amendment of include a requirement for information more section 154 of the Act. This amendment The amendment also would make explicit the authority of the Secretary to cancel a pertinent to the contract. would continue the requirement for submis- Subsection (u) would amend section 172 of sale in progress. This authority would enable sion to Congress of proposed plans for expan- EPCA. sion of storage capacity following a deter- the Secretary to respond to inordinately low Paragraph (1) would delete subsections (a) mination by the Secretary that the Reserve bids, changes in market conditions, or a sud- and (b). The exemption in subsection (a) can reasonably be expected to be filled to 750 den a reversal in the nature of the shortage from the requirement for a Strategic Petro- million barrels within five years. This re- or emergency. leum Reserve Plan amendment is no longer flects the uncertain financing situation for Paragraph (4) would amend subsection necessary because the bill eliminates the re- filling available capacity in the Reserve and 161(g) of EPCA. quirement for Plan amendments. Subsection Subparagraph (4)(A) would amend sub- makes planning for capacity expansion be- (b) provides that, for purposes of meeting the section 161(g)(1) of EPCA to substitute ‘‘dis- yond current capacity premature. fill rate requirement in section 160(d)(1) of Paragraph (6) would amend subsection tribution procedures’’ for ‘‘Distribution EPCA, part C contract oil which is removed 159(l) to eliminate the reference to the Dis- Plan.’’ from the Reserve at the end of the contract Subparagraph (4)(B) would strike sub- tribution Plan, but would retain the Sec- agreement shall be considered part of the Re- section 161(g)(2) of EPCA because it refers to retary’s authority, during drawdown and dis- serve until the beginning of the fiscal year tribution of the Reserve, to promulgate regu- the Distribution Plan eliminated by the bill, following the fiscal year in which the oil is lations necessary to the drawdown and dis- and subsection 161(g)(6) of EPCA because it removed. The subsection is unnecessary tribution without regard to rulemaking re- refers to the minimum required fill rate since the requirement for specific fill rates is quirements in section 523 of this Act and sec- eliminated by the bill. deleted by amendment of section 160 of the tion 501 of the Department of Energy Organi- Subparagraph (4)(C) would amend section Act. zation Act. 161(g)(4) of EPCA to prevent the Secretary Subsection (v) would delete section 173 of Subsection (n) would amend section 160 of from selling oil during a test sale of the EPCA which requires congressional review EPCA. Strategic Petroleum Reserve at a price less and, therefore, public scrutiny of the details Paragraph (1) would amend subsection than ‘‘95 percent’’ of the sales price of com- of contracts even though no implementing 160(a) of EPCA to provide that the Sec- parable crude oil being sold in the same area legislation is needed, and requires a 30-day retary’s authority to acquire petroleum at the time the Secretary is offering crude ‘‘lie before’’ period before the contract can products for the Strategic Petroleum Re- oil for sale rather than ‘‘90 percent’’ cur- go into effect. This requirement is a substan- serve is contingent on the availability of rently stipuled in this section. Since 10 per- tial impediment to acquisition of oil for the funds. cent of current prices ranges upward of $1.50 Reserve by ‘‘leasing’’ and other alternative Paragraph (2) would amend subsection per barrel, the Department believes a small- financing methods authorized by EPCA, part 160(b) of EPCA by striking the references to er range of difference in price would protect C. the Early Storage Reserve and the Regional the Department from selling the oil below Subsection (w) would amend section 181 of Petroleum Reserve, which would be elimi- normal variations in market prices. EPCA by extending the expiration date of nated by this bill. Subsection (p) would strike section 164 of title I, parts B and C from June 30, 1996 to Paragraph (3) would strike subsections EPCA. Section 164 of EPCA required a study September 30, 2001. 160(c), (d), (e), and (g) of EPCA. of the use of Naval Petroleum Reserve No. 4 Public Law 103–406 extended the expiration Subsection 160(c) of EPCA requires min- jointly by the Secretaries of Energy, the In- date to June 30, 1996. imum fill rates. These requirements have terior and the Navy, with a report to Con- SECTION 4. AMENDMENTS TO TITLE II OF EPCA proved unrealistic given changes in oil mar- gress within 180 days of the passage of the Subsection (a) would strike part A of kets and availability of financing. The pro- original Act. The study and report were com- EPCA title II, which contains the authorities posed amendment gives the Secretary flexi- pleted. for gasoline rationing and other mandatory bility to fill the Reserve contingent upon the Subsection (q) would amend section 165 of energy conservation measures which expired availability of funds. EPCA by deleting the requirement for quar- on July 1, 1985. Subsection 160(d) links sales authority for terly reports on the operation of the Stra- Subsection (b) would amend section the United States’ share of crude oil at tegic Petroleum Reserve and requiring in- 251(e)(1) by striking section ‘‘252(l)(1)’’ and Naval Petroleum Reserve Numbered 1 to a stead an annual report consistent with other inserting in lieu thereof ‘‘252(k)(1).’’ fill level of 750,000,000 barrels or a fill rate of parts of this amendment. Quarterly reports Section (c) would amend section 252 of 75,000 barrels per day. The requirement for considered important during the early EPCA, which makes available to United Strategic Petroleum Reserve fill is depend- growth period of the Strategic Petroleum States oil companies a limited antitrust de- ent on the availability of financing for Stra- Reserve to inform the Congress of progress fense and breach of contract defense for ac- tegic Petroleum Reserve acquisition, and the in construction and the rate of fill, are now tions taken to carry out a voluntary agree- logistics of moving Naval Petroleum Reserve unnecessary, and their deletion would save ment or plan of action to implement the ‘‘al- Numbered 1 crude oil to the Strategic Petro- administrative costs. Subsection (q) would location and information provisions’’ of the

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1862 CONGRESSIONAL RECORD — SENATE March 12, 1996 Agreement on an International Energy Pro- controlled by governments and complemen- tisan support to respond quickly to gram (‘‘IEP’’). These limited defenses are tary actions taken by governments during this threat to the safety of Americans. now available only in connection with the an existing or impending international oil It may surprise the American people companies’ participation in planning for and supply disruption, whether or not inter- to know that very dangerous, indeed implementation of the IEP’s emergency oil national allocation of petroleum products is sharing and information programs. The required by the IEP. deadly, organisms that cause diseases amendment would extend the section 252 Paragraph 8 would amend subsection 252(1) and death in human beings are avail- antitrust defense (but not the breach of con- of EPCA to make clear that the antitrust de- able for purchase across State lines— tract defense) to U.S. companies when they fense does not extend to international allo- not only by legitimate users, but by assist the International Energy Agency cation of petroleum unless the IEA’s Emer- those who may use them with criminal (‘‘IEA’’) in planning for and implementing gency Sharing System has been activated. intent. These organisms include the coordinated drawndown of government- Subsection (d) would amend subsection agents that cause the bubonic plague, 256(h) of EPCA to authorize appropriations owned or government-controlled petroleum anthrax, and other diseases. stocks. In 1984, largely at the urging of the for fiscal years 1996 through 2001 for the ac- United States, the IEA’s Governing Board tivities of the interagency working group Perversely, the Federal Government adopted a decision on ‘‘Stocks and Supply and interagency working subgroups estab- has stricter regulations on the inter- Disruptions’’ which established a framework lished by section 256 of EPCA to promote ex- state transportation of biological for coordinating the drawdown of member ports of renewable energy and energy effi- agents causing disease in plants and countries’ government-owned and govern- ciency products and services. animals than it has for the interstate ment-controlled petroleum stocks in those Subsection (e) would strike EPCA part C, transportation of agents that cause oil supply disruptions that appear capable of which was added to the EPCA by the Energy disease in humans. causing severe economic harm, whether or Emergency Preparedness Act of 1982 and I favor regulatory reform and a re- which required the submission to Congress of not sufficient to activate the IEP emergency duction in the Government’s overall oil sharing and information programs. Dur- reports on energy emergency legal authori- ing the 1990–91 Persian Gulf crisis the IEA ties and response procedures. The reporting regulatory burden on the American successfully tested the new coordinated requirement was fulfilled in 1982. people. But that is not to say that the stockdraw policy. Subsection (f) would amend section 281 of Federal Government has no legitimate Paragraph 1 would amend subsections 252 EPCA by extending the expiration date of regulatory role to play. The interstate (a) and (b) of EPCA. These sections would be title II from June 30, 1996 to September 30, transport of dangerous biological amended by substituting the term ‘‘inter- 2001. agents should be regulated. Public Law 103–406 extended the expiration national emergency response provisions’’ for A recent Washington Post story re- the term ‘‘allocation and information provi- date of June 30, 1996. ported that, in May 1995, an individual sions of the international energy program.’’ SECTION 5. AMENDMENTS TO TITLE III OF EPCA in Ohio faxed an order for three vials of The new term establishes the scope of oil Subsection (a) would amend sections 365 company activities covered by the antitrust and 397 of EPCA, which provide authoriza- the agent that causes the bubonic defense and includes actions to assist the tion for appropriations for fiscal years 1991, plague, a disease that killed one-third IEA in implementing coordinated drawdown 1992, and 1993 for State Energy Conservation of the people of 14th century Europe, of petroleum stocks. programs and the Energy Conservation Pro- from the American Type Culture Col- Paragraph 2 would amend paragraph gram for Schools and Hospitals. The amend- lection [ATCC] in Maryland. The pur- 252(d)(3) of EPCA to clarify that a plan of ac- ment would authorize appropriations of chaser’s letterhead appeared to be that tion submitted to the Attorney General for $24,651 million for section 365 and $26,849 mil- approval must be as specific in its descrip- of a laboratory. lion for section 397 for fiscal year 1996 and When the purchaser called ATCC to tion of proposed substantive actions as is such funds as may be necessary for fiscal reasonable ‘‘in light of circumstances known years 1997 through 2001. complain about slow delivery, the sales at the time of approval’’ rather than ‘‘in Subsection (b) would amend section 400BB representative became concerned about light of known circumstances.’’ to extend the authorization for the appro- whether the caller was someone who Paragraph 3 would amend paragraph priation of the Alternative Fuels Truck should have the plague agent. Ohio po- 252(e)(2) of EPCA to give the Attorney Gen- Commercial Application Program to fiscal lice, public officials, the FBI, and eral flexibility in promulgating rules con- year 2001. cerning the maintenance of records by oil emergency workers ultimately scoured SECTION 6. AMENDMENTS TO TITLE V OF EPCA companies related to the development and the purchaser’s home. carrying out of voluntary agreements and Paragraph 1 would delete section 507 of the In the home they found nearly a plans of action. Act, which provides that the Energy Infor- dozen M–1 rifles, smoke grenades, Paragraph 4 would amend paragraph mation Administration must continue to blasting caps, and white separatist lit- 252(f)(2) of EPCA to clarify that the antitrust gather the same data on pricing, supply and erature. The deadly micro-organisms defense applies to oil company actions taken distribution of petroleum products as it did on September 1, 1981. This section hinders were found in the glove compartment to carry out an approved voluntary agree- of the purchaser’s automobile, still ment as well as an approved plan of action. the flexibility of the Administrator to col- Paragraph 5 would amend subsection 252(h) lect information that is currently meaning- packed as shipped. of EPCA to strike the reference to section ful. There is no reason to have a statutory The purchaser was prosecuted under 708(A) of the Defense Production Act of 1950, prohibition against modifying and amending wire and mail fraud statutes. But these which was repealed by Public Law 102–558 the types of data collected. charges would not have been possible if (October 28, 1992), and the reference to the Paragraph 2 would delete section 522 of the the purchaser had not sent a false Emergency Petroleum Allocation Act of 1973, Act, which provides conflict of interest dis- statement on the letterhead of a non- which expired in 1981. closure requirements for the Federal Energy Paragraph 6 would amend subsection 252(i) Administration. This section was superseded existent laboratory stating that the of EPCA to require the Attorney General and by the Department of Energy Organization laboratory assumed responsibility for the Federal Trade Commission to submit re- Act.∑ the shipment, as the seller had re- ports to Congress and to the President on the By Mr. HATCH (for himself, Mrs. FEINSTEIN, quired. impact of actions authorized by section 252 Mr. THURMOND, Mr. DEWINE, Mr. KOHL, and Unfortunately, both current laws and on competition and on small businesses an- Mr. BIDEN): regulations are deficient in protecting nually rather than every six months, except S. 1606. A bill to control the use of bi- Americans from the threat of the di- during an ‘‘international energy supply ological agents that have the potential version of potentially dangerous bio- emergency,’’ when the reports would be re- to pose a severe threat to public health logical agents. Gaps exist in current quired every six months. Paragraph 7 would amend paragraph and safety, and for other purposes; to regulations that allow anyone to pos- 252(k)(2) of EPCA by substituting a defini- the Committee on the Judiciary. sess deadly biological agents, also re- tion of the term ‘‘international emergency THE BIOLOGICAL AGENTS ENHANCED PENALTIES ferred to as human pathogens, and gaps response provisions’’ for the present defini- AND CONTROL ACT exist in our criminal laws that make tion of ‘‘allocation and information provi- Mr. HATCH. Mr. President, I rise to prosecution of people who attempt to sions of the international energy program.’’ introduce a bill that has a simple but obtain these agents for illegitimate The new term, which establishes the scope of important purpose: To decrease the op- purposes very difficult. company actions covered by the antitrust defense, covers (A) the allocation and infor- portunity for terrorists to use a bio- I would like to take a moment to dis- mation provisions of the IEP and (B) emer- logical weapons. cuss these problems with you. gency response measures adopted by the IEA S. 1606 is cosponsored by Senators Biological agents that cause disease Governing Board for the coordinated draw- FEINSTEIN, THURMOND, DEWINE, KOHL, in humans are available to several le- down of stocks of petroleum products held or and BIDEN. I welcome this broad bipar- gitimate groups of users. First, small

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1863 quantities of biological agents can be Unfortunately, threats now exist Justice. Mr. Richard stated that the found in patient samples that are ana- that we did not even know about when multiagency task force looking into lyzed by clinical laboratories. Second, this definition was written. For in- this issue determined ‘‘that there were biological agents are used in the con- stance, we now are experiencing a rapid no comprehensive Federal regulations duct of legitimate basic and clinical growth in the field of gene technology. governing the control of these dan- science research by scientists across This technology now gives scientists gerous organisms.’’ the country, both within and outside of the ability to deliberately or acciden- My colleagues and I believe that cur- Government. Third, the Department of tally insert genes into micro-organisms rent regulation and law have left us Defense has facilities to investigate bi- that could broaden their host range, vulnerable to the potential use of bio- ological agents, not as weapons, but to alter their route of disease trans- logical agents as a terrorist weapon. develop protective strategies in the mission to humans, make them more We have not kept pace with science and event of military use of these agents toxic, or make them more difficult to technology, nor have we recognized during war. Currently, however, any- treat. that we live in a more dangerous world one else can also obtain these agents CDC has wide authority to regulate than we once did. We further believe under Federal law. The only limits on biological agents that pose a threat to that action must be taken sooner, who may purchase deadly biological human health, and could establish rather than later, to avoid a potential agents are those imposed by the sellers rules limiting who may possess these disaster. themselves. agents. Current regulations do not pro- This bill strikes a balance between There are many regulations in place tect communities from intentional di- protecting citizens from the threat with regard to the management of bio- version of biological agents or the po- that biological agents will be used as a logical agents. These regulations come tential for these agents to be turned weapon of domestic terrorism and plac- from many different governmental into weapons of mass destruction. ing over-burdensome demands on le- sources, including the CDC, the Postal This fact was recognized by CDC tes- gitimate users of biological agents. Service, U.S. Department of Agri- timony before the Senate Judiciary The first title of our bill is directed culture, Department of Commerce, committee last week. Dr. James M. at placing appropriate criminal provi- Food and Drug Administration, and the Hughes, the Assistant Surgeon General sions in place as requested by the Jus- Department of Transportation, among and Director of the National Center for tice Department. Our provisions ensure others. Unfortunately, the regulations Infectious Diseases for the CDC testi- that persons who develop or use bio- logical organisms as a weapon will face were developed by these agencies with fied: little or no apparent integration with severe and certain punishment. The current safeguards governing the ac- Our bill does this by amending sec- other agencies, and with narrow pur- quisition and distribution, in the United tions 175 to 178 of Title 18, which relate poses in mind. They were also devel- States, of infectious and/or toxic agents are to prohibitions with respect to biologi- oped in an era when domestic terrorism not comprehensive. There is no single set of cal weapons. As it currently is written, was not thought of as a real risk. consistent regulations but rather a number this provision makes it criminal to In addition to the lack of coordina- of different departmental regulations that address the shipping and handling of infec- knowingly develop, produce, transfer, tion of efforts in the regulation of bio- tious agents. Taken together, these are effec- acquire, or possess any biological logical agents, existing regulations tive at controlling the packaging, labeling, agent, toxin, or delivery system for use have not kept up with advancing and transport of infectious materials, but as a weapon. It also prohibits know- science. For instance, biological agents they are not completely effective at control- ingly assisting a foreign state or orga- are currently classified by CDC into ling the possession and transfer of human in- nization to do so. My bill will strength- four classes, based on several criteria. fectious agents within the United States. en this provision to include an at- This ranges from class 1 organisms, Unfortunately, efforts by CDC and tempt, threat, and conspiracy prohibi- which are considered to be nonharmful others have been slow. To date, there tion within its scope. In addition, I to humans under ordinary cir- have been at least two multiagency broaden the definitions of biological cumstances, to class 4 organisms, task forces established to look at this agent, toxin, and vector in section 178 which are considered to be highly issue. The first task force completed to cover biological products that can harmful to humans. In the manual its work and made recommendations in be engineered as a result of advances ‘‘Biosafety in Microbiological and Bio- July 1995. The second task force is well made in the field of biotechnology. medical Laboratories,’’—hereafter Bio- underway in the development of a regu- The second statute in Title 18 that safety manual—CDC defines how legiti- latory system, but there does not ap- we amend is section 2332a. That provi- mate laboratories should manage pear to be a sufficient sense of urgency sion currently makes it a criminal of- agents in these various classes. to get the job done. fense to use a weapon of mass destruc- Again, these biohazard levels are de- According to CDC’s March 6 testi- tion. Under current law, a ‘‘weapon of signed for the protection of laboratory mony before the Judiciary Committee, mass destruction’’ is defined to include personnel and to prevent the accidental CDC does not plan to release proposed ‘‘any weapon involving a disease orga- release of these agents into the envi- regulations for at least another 6 nism.’’ 18 U.S.C. § 2332a(b)(2)(C). This ronment. They do not take into ac- months. That means that it might be bill will expand that definition to in- count potential theft of these agents, another year before final rules regu- clude in its coverage the biological or attempt to prevent misdirection of lating who may possess dangerous bio- agents and toxins, as defined in section these agents to terrorists. In addition, logical agents are in place and enforce- 178, including bioengineered products, the biosafety manual that establishes able. that can be used as a weapon of mass biohazard levels was last revised in Why is that a problem? Current destruction. In addition, we add a 1993. It has not kept up with classifica- criminal law has gaps that prevent the threat provision to this statute. tion changes, or with the new strains of prosecution of someone who obtains bi- The second title of our bill requires organisms that are constantly being ological agents under false pretenses, the Secretary of Health and Human described by microbiologists. or who possesses these agents with the Services to establish interim regula- Another example of how current reg- intent to harm others. Under current tions within 90 days and to issue pro- ulation has not kept up with advancing Federal law, it is legal for anyone to posed rules within 180 days that regu- scientific knowledge is the definition possess biological agents—we must late the transfer within the United of what a biological agent actually is. wait until they actually use it as a States of biological agents which have The Centers for Disease Control and weapon before there is anything we can the potential to pose a severe threat to Prevention [CDC] defines a biological do about it. the public health and safety. agent—human pathogen—as ‘‘a viable These gaps in current criminal law I believe that the time limits re- micro-organism or its toxin which were discussed in detail during the quired in our bill are reasonable and causes, or may cause, human disease’’ hearings before the Judiciary Com- prudent, and allow the Secretary of [42 CFR 72]. This definition includes mittee. Mr. Mark M. Richard, the Dep- Health and Human Services adequate algae, bacteria, protozoa, fungi, and vi- uty Assistant Attorney General, testi- time to develop appropriate regula- ruses. fied on behalf of the Department of tions in this area. In fact, Dr. James

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1864 CONGRESSIONAL RECORD — SENATE March 12, 1996 Hughes testified last week that this (3) in section 178— (2) proposed rules not later than 180 days process is well underway. (A) in paragraph (1), by striking ‘‘or infec- after the date of the enactment of this Act; The Judiciary Committee has been tious substance’’ and inserting ‘‘infectious and very concerned about the immediate substance, or biological product that may be (3) final rules not later than 360 days after engineered as a result of biotechnology, or the date of the enactment of this Act. potential for diversion of dangerous bi- any naturally occurring or bioengineered (d) DEFINITIONS.—For purposes of this sec- ological agents under the current law component of any such microorganism, tion— and regulation. In fact, at our hearing virus, infectious substance, or biological (1) the term ‘‘biological agent’’ has the last week, we were disturbed to learn product’’; same meaning as in section 178 of title 18, from agency representatives that no (B) in paragraph (2)— United States Code; and measures are in place to guard against (i) by inserting ‘‘the toxic material of (2) the term ‘‘Secretary’’ means the Sec- reoccurrence of a situation like the plants, animals, microorganisms, viruses, retary of Health and Human Services. Ohio case. fungi, or infectious substances, or a recom- binant molecule’’ after ‘‘means’’; For this reason, on March 6, Senators By Mrs. FEINSTEIN (for herself, (ii) by striking ‘‘production—’’ and insert- Mr. GRASSLEY, Mr. REID and FEINSTEIN, SPECTER, KOHL, and I sent a ing ‘‘production, including—’’; letter to the President urging that he: Mr. KYL): (iii) in subparagraph (A), by inserting ‘‘or S. 1607. A bill to control access to * * * direct the Centers for Disease Con- biological product that may be engineered as trol and Prevention to implement on a pri- a result of biotechnology’’ after ‘‘substance’’; precursor chemicals used to manufac- ority basis emergency procedures which will and ture methamphetamine and other il- protect the American people against the (iv) in subparagraph (B), by inserting ‘‘or licit narcotics, and for other purposes; threat of dangerous, diverted pathogenic ma- biological product’’ after ‘‘isomer’’; and to the Committee on the Judiciary. terials. (C) in paragraph (4), by inserting ‘‘; or mol- METHAMPHETAMINE CONTROL ACT OF 1996 ecule, including a recombinant molecule, or In addition, our new legislation in- Mrs. FEINSTEIN. Mr. President, I cludes a requirement for the establish- biological product that may be engineered as a result of biotechnology,’’ after ‘‘orga- rise today to introduce, along with ment of interim rules while the long- nism’’. Senators GRASSLEY, REID, and KYL, the term rules are developed. (b) TERRORISM.—Section 2332a(a) of title 18, Methamphetamine Control Act of 1996. In closing, Mr. President, I believe United States Code, is amended— This is legislation that, first, increases that the threat for the intentional di- (1) by inserting ‘‘, threatens,’’ after ‘‘at- the regulation of precursor chemicals version of biological agents is real, and tempts’’; and necessary to produce methamphet- that these agents pose a threat for use (2) by inserting ‘‘, including any biological agent, toxin, or vector (as those terms are amine, a dangerous narcotic also as a weapon of domestic terrorism. known as speed, crank or ice. We are submitting a comprehensive defined in section 178)’’ after ‘‘destruction’’. SEC. 4. REGULATORY CONTROL OF BIOLOGICAL Second, it increases the penalties for bill that fixes the gaps in criminal code AGENTS. possession of controlled chemicals or and requires the rapid development and (a) LIST OF BIOLOGICAL AGENTS.— paraphernalia used to make meth- implementation of a regulatory pro- (1) IN GENERAL.—The Secretary shall, amphetamine. gram that will limit the people who through regulations promulgated under sub- This legislation has been drafted over may possess these materials to those section (c), establish and maintain a list of the past 6 months with the input of the who have a legitimate need to possess each biological agent that has the potential Drug Enforcement Agency, the Cali- to pose a severe threat to public health and them. Obviously, time is of the essence, fornia Attorney General’s Bureau of and I hope that the Senate will act as safety. (2) CRITERIA.—In determining whether to Narcotics Enforcement, the California quickly as possible on the Biological include an agent on the list under paragraph Narcotics Officers Association, and Agents Enforcement Enhancement and (1), the Secretary shall— local, State, and Federal law enforce- Control Act. (A) consider— ment and prosecutors. I have a par- I ask unanimous consent that the (i) the effect on human health of exposure ticular interest in this issue because of text of S. 1606 be inserted in the to the agent; the ravaging effects that methamphet- (ii) the degree of contagiousness of the RECORD. amine has had in my own State and There being no objection, the bill was agent and the methods by which the agent is transferred to humans; other States in the Southwest. ordered to be printed in the RECORD, as Let me, for just a moment, explain follows: (iii) the availability and effectiveness of immunizations to prevent and treatments how serious this problem is today. S. 1606 for any illness resulting from infection by Methamphetamine has been around for Be it enacted by the Senate and House of the agent; and a long time. But what once was a Representatives of the United States of (iv) any other criteria the Secretary con- small-scale drug operation run by mo- America in Congress assembled, siders appropriate; and torcycle gangs has now been taken SECTION 1. SHORT TITLE. (B) consult with scientific experts rep- This Act may be cited as the ‘‘Biological resenting appropriate professional groups. over by at least one Mexican drug car- Agents Enhanced Penalties and Control (b) REGULATION OF TRANSFERS OF LISTED tel. According to DEA, it is a multibil- Act’’. BIOLOGICAL AGENTS.—The Secretary shall, lion-dollar industry in America. SEC. 2. FINDINGS. through regulations promulgated under sub- California has become the front line The Congress finds that— section (c), provide for— in this new and dangerous drug war. (1) certain biological agents have the po- (1) the establishment and enforcement of DEA has designated California as the tential to pose a severe threat to public safety procedures for the transfer of biologi- ‘‘source country,’’ a source country for health and safety; cal agents listed pursuant subsection (a), in- (2) such biological agents can be used as cluding measures to ensure— methamphetamine, much like Colom- weapons by individuals or organizations for (A) proper training and appropriate skills bia is the source country for cocaine. It the purpose of domestic or international ter- to handle such agents; and has identified that 93 percent of the rorism or for other criminal purposes; (B) proper laboratory facilities to contain methamphetamine seized nationwide (3) the transfer and possession of poten- and dispose of such agents; has its point of origin in California. tially hazardous biological agents should be (2) safeguards to prevent access to such The explosion of this drug is being regulated to protect public health and safe- agents for use in domestic or international documented in hospital emergency ty; and terrorism or for any other criminal purpose; (4) efforts to protect the public from expo- (3) the establishment of procedures to pro- rooms around California, and the epi- sure to such agents should ensure that indi- tect the public safety in the event of a trans- demic is spreading eastward. In Sac- viduals and groups with legitimate objec- fer or potential transfer of a biological agent ramento just 4 weeks ago, law enforce- tives continue to have access to such agents in violation of the safety procedures estab- ment made the largest seizure in coun- for clinical and research purposes. lished under paragraph (1) or the safeguards ty history—80 pounds; street value, $2.5 SEC. 3. CRIMINAL ENFORCEMENT. established under paragraph (2); and million. (a) BIOLOGICAL WEAPONS.—Chapter 10 of (4) appropriate availability of biological Large-scale labs are now common- title 18, United States Code is amended— agents for research, education, and other le- place. Last year in the Central Valley, (1) in section 175(a), by inserting ‘‘or at- gitimate purposes. law enforcement convicted a man who tempts, threatens, or conspires to do the (c) TIMES LIMITS.—The Secretary shall same,’’ after ‘‘to do so,’’; carry out subsections (a) and (b) by issuing— manufactured in excess of 900 pounds (2) in section 177(a)(2), by inserting (1) interim rules not later than 90 days with a street value of $5 million. Lit- ‘‘threat,’’ after ‘‘attempt,’’; and after the date of the enactment of this Act; erally hundreds of illicit laboratories

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1865 exist throughout the State. In two with $100 and a mail order catalog can SEC. 2. REGULATION OF CHEMICAL SUPPLY counties alone, Riverside and San put themselves into business in manu- HOUSES. Bernardino, there were 589 meth- facturing methamphetamine. They can Section 310 of the Controlled Substances Act (21 U.S.C. 830) is amended by adding at amphetamine labs discovered in 1995. buy large-scale quantities of those the end the following new subsection: Labs can be in apartments, in mobile chemicals that go into making meth- ‘‘(d)(1) Any chemical supply house that homes, in moving vehicles, and in hotel amphetamine. sells a listed chemical, after having been rooms. They can be dismantled in a This bill would double the maximum provided a warning under paragraph (2) with- matter of hours. They are explosive, criminal penalty for possession of a in the previous 10 years, to a person who toxic, and they burn. Law enforcement chemical identified under the Chemical uses, or intends or attempts to use, the list- has indicated that drug dealers come Diversion and Trafficking Act in meth- ed chemical, or causes the listed chemical to in, set up, produce their drugs in ho- be used or attempted to be used, to manufac- amphetamine production and would in- ture or produce methamphetamine shall— tels, and leave. crease the maximum criminal penalty ‘‘(A) be subject to a civil penalty of not The California Environmental Pro- from 4 to 10 years for those who possess more than $250,000; or tection Agency expects that 1,150 sites the specialized equipment used to man- ‘‘(B) for the second violation of this sub- will require cleanup by the end of this ufacture methamphetamine. section, be ordered to cease the production year in California. Most of the chemi- It would remove the loophole on and sale of any chemicals. cals—iodine, refrigerants, hydrochloric pseudoephedrine in the Controlled Sub- ‘‘(2) The Attorney General, acting through gas, sodium hydroxide—are toxic and, stances Act. Pseudoephedrine, a com- the Administrator of the Drug Enforcement Administration, shall provide a written in the case of red phosphorous, one of mon ingredient in many over-the- the precursor chemicals, highly flam- warning to each chemical supply house that counter medicines, is now used as a violates paragraph (1). mable and explosive. substitute for ephedrine to make meth- ‘‘(3) For purposes of this subsection, the Two months ago, a mobile home in amphetamine. term ‘chemical supply house’ means any Riverside used as a methamphetamine I have met with retailers and manu- manufacturer, wholesaler, or retailer, who lab exploded, killing three small chil- facturers of over-the-counter medicines owns, or who represents the owner of, any dren. Incredibly enough, the mother of and I understand the concerns about operation or business enterprise engaging in these children pleaded with neighbors regulated transactions. regulations which the DEA has pro- ‘‘(4) All amounts received from enforce- that they not call for help. Before fire- posed to control the illicit diversion of fighters could find the children’s burnt ment of the civil penalty under paragraph (1) pseudoephedrine to make methamphet- shall be used by the Administrator of the En- bodies, the woman walked away from amine. I intend to work with these vironmental Protection Agency for the envi- the scene. groups over the coming weeks to en- ronmental cleanup of clandestine labora- Police in Phoenix say methamphet- sure that the 37 million Americans who tories used, or intended or attempted to be amine is mainly responsible for the 40- rely on these products continue to have used, to manufacture methamphetamine.’’. percent jump in homicides the city is access to them. SEC. 3. INCREASED PENALTIES FOR POSSESSION experiencing. AND DISTRIBUTION OF LISTED We are creating an informal advisory CHEMICALS. In Contra-Costa County, law enforce- group comprised of executives of chem- ment reports that methamphetamine is (a) IN GENERAL.—Section 401(d) of the Con- ical manufacturers and supply house trolled Substances Act (21 U.S.C. 841(d)) is involved in 89 percent of domestic dis- companies, DEA officials, and other amended by striking ‘‘10 years’’ and insert- putes. law enforcement agencies to devise ing ‘‘20 years in a case involving a list I Last year in San Diego, rival meth- strategies to see that this law is re- chemical or 10 years in a case involving a list amphetamine smuggling rings were re- sponsibly and sensibly enforced. II chemical’’. sponsible for 26 homicides. (b) AMENDMENT OF SENTENCING GUIDE- This bill includes a sense-of-the-Con- In 1994, among all adults arrested in LINES.—The United States Sentencing Com- gress resolution supporting efforts for the San Diego area, 42 percent of men mission shall amend the Federal Sentencing global chemical control. and 53 percent of women tested positive Guidelines to reflect the amendment made for amphetamines. Sutter Memorial The point is that many chemicals by subsection (a). Hospital in Sacramento says that used to make methamphetamine, such SEC. 4. INCREASED PENALTIES FOR MANUFAC- TURE AND POSSESSION OF EQUIP- methamphetamine-affected babies now as ephedrine, are tightly controlled in the United States but are literally MENT USED TO MAKE METH- outnumber crack-addicted babies 7–1. AMPHETAMINE. The Methamphetamine Control Act smuggled into the United States Section 403(d) of the Controlled Substances which we are introducing today is care- through countries with little or no con- Act (21 U.S.C. 843(d)) is amended— fully crafted. It is a targeted piece of trol, like Mexico. This legislation (1) by striking ‘‘(d) Any person’’ and insert- legislation. It is drafted with the help would express the sense of the Congress ing ‘‘(d)(1) Except as provided in paragraph (2), any person’’; and of Federal, State, and local law en- that ephedrine-producing countries should require approval from the Mexi- (2) by adding at the end the following new forcement, and it is aimed at the sup- paragraph: ply side of the problem. can Government for shipments of ephedrine and pseudoephedrine to Mex- ‘‘(2) Any person who, with the intent to This bill would increase criminal manufacture methamphetamine, violates penalties that can be applied to large- ico, where they then come into this subsection (a) (6) or (7), shall be sentenced to scale methamphetamine manufactur- country. a term of imprisonment of not more than 10 ers throughout our Nation. It restricts I am very pleased, Mr. President, years, a fine of not more than $30,000, or access to the precursor chemicals used that this is a bipartisan effort. I am de- both.’’. in mass quantities to produce meth- lighted to have the cosponsorship of SEC. 5. REGULATION OF PSEUDOEPHEDRINE. amphetamine. Senators GRASSLEY and KYL. I note Section 102(39)(A)(iv) of the Controlled It would increase the penalties for that this bill is also being introduced Substances Act (21 U.S.C. 802(3(9)(A)(iv)) is in the House today by Congressman amended by striking ‘‘ephedrine’’ each place possession of controlled chemicals or it appears and inserting ‘‘ephedrine or RIGGS and Congressman VIC FAZIO. specialized equipment like the triple- pseudoephedrine,’’. I ask unanimous consent that the neck flasks used to make methamphet- SEC. 6. ADDITION OF SUBSTANCES TO DEFINI- amine. text of the bill be printed in the TION OF LISTED CHEMICALS. It would add chemicals used to make RECORD. Section 102 of the Controlled Substances methamphetamine—iodine, red phos- There being no objection, the bill was Act (21 U.S.C. 802) is amended— phorous, and hydrochloric gas—to the ordered to be printed in the RECORD, as (1) in paragraph (34) by adding at the end Chemical Diversion and Trafficking follows: the following new subparagraph: ‘‘(Y) Iodine.’’; and Act. S. 1607 It imposes a civil ‘‘three strikes and (2) in paragraph (35), by adding at the end Be it enacted by the Senate and House of Rep- the following new subparagraphs: you’re out’’ law, for companies that are resentatives of the United States of America in ‘‘(I) Red phosphorous. found to be selling chemicals used to Congress assembled, ‘‘(J) Hydrochloric gas.’’. make methamphetamine. SECTION 1. SHORT TITLE. SEC. 7. SUPPORT FOR INTERNATIONAL EFFORTS There are in our State about seven This Act may be cited as the ‘‘Meth- TO CONTROL DRUGS. rogue chemical companies. Anyone amphetamine Control Act of 1996’’. It is the sense of the Congress that—

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1866 CONGRESSIONAL RECORD — SENATE March 12, 1996 (1) the rise in manufacture and usage of boy’s mother: ‘‘He made some wrong throws out of control the production of the the illegal narcotic methamphetamine is of decisions and this drug sucked him brain chemical dopamine, which plays an im- major concern to the United States; away.’’ I ask unanimous consent that portant part in movement, thought and emo- (2) a substantial portion of the ephedrine this New York Times article be printed tion, as is the case with schizophrenia. Over used to make methamphetamine is smuggled time, the drug damages the brain. across the United States-Mexico border; in the RECORD. ‘‘A person addicted to this stuff looks and (3) the countries of China, India, the Czech There being no objection, the mate- acts exactly like a paranoid schizophrenic,’’ Republic, Germany, and Slovenia are the rial was ordered to be printed in the he said. ‘‘You cannot tell any difference.’’ largest manufacturers of ephedrine and RECORD, as follows: He said that a crack addict could reach the pseudoephedrine; [From the New York Times, Feb. 22, 1996] same point of psychotic behavior but that it (4) one means of preventing the inter- GOOD PEOPLE GO BAD IN IOWA, AND A DRUG IS would take ‘‘much longer and much more of national diversion of ephedrine and BEING BLAMED the drug.’’ pseudoephedrine is the letter of nonobjec- The drug, combined with the effects of (By Dirk Johnson) tion, which requires that the government of sleep deprivation, can cause people to go a country receiving a shipment of the chem- NEWTON, IA. Feb. 16.—In this small town mad, with ghastly consequences. In a case ical is aware of and approves the shipment, surrounded by corn fields, nothing but Sun- last July, a man in New Mexico, who was the quantity involved, the company receiv- day morning church bells ever made much high on methamphetamine and alcohol, be- ing the shipment, and the ultimate use of noise, and the jail sat three-quarters empty headed his 14-year-old son and tossed the the chemical; most of the time. severed head from his van window onto a And then about a year or so ago, things (5) therefore, all ephedrine and busy highway. started to go haywire. pseudoephedrine producing countries should The drug has already exacted a big death Crime began to soar, coupled with an out- require letters of nonobjection from the toll in Western states. In California, it was break of irrational behavior; a man with a Mexican government before exporting ephed- blamed for more than 400 deaths from over- spotless record pulled a string of burglaries; rine or pseudoephedrine to that country; and dose and suicide in 1994, the latest year with some parents suddenly became so neglectful (6) all ephedrine and pseudoephedrine pro- complete records on the drug. In Phoenix, it that their children were taken away; a man ducing countries and Mexico should cooper- killed 122 people in 1994, the authorities said. fled his workplace to get a gun, terrified that ate in any way possible to deter the smug- Here in Iowa, the ravages of the drug have helicopters were coming after him; motorists gling of ephedrine and pseudoephedrine into reached what law-enforcement and health of- in routine traffic stops greeted the police the United States. ficials call an epidemic level. The police in with psychotic tirades. Mr. GRASSLEY. Mr. President, Prosecutors linked all of these cases and Des Moines seized $4.5 million worth of today I am pleased to introduce the many more in this town of 15,000 people to methamphetamine in the last year alone. And for the first time in Polk County, the influx of the drug methamphetamine, Methamphetamine Control Act of 1996 which includes Des Moines, arrests for drugs and its frequent side-effects of paranoia and with my colleague Senator FEINSTEIN. now surpass the number of arrests for drunk- This bipartisan bill takes aim at a rap- violent behavior. A problem for several years in California en driving. Methamphetamine accounts for idly growing problem in America—the and other Southwestern states, the drug is 65 percent of the drug arrests. abuse of methamphetamine, known on now making its way across America, ruining The drug is often manufactured in make- the street as meth or crank. lives and families along the way and raising shift laboratories in rural areas, where the I am from Iowa—a rural State which the concern of policy makers in Washington. stench given off during its production is most people do not associate with ‘‘Meth seems to have taken control of more likely to go undetected, and where law- enforcement agencies are more thinly rampant crime or drug use. But in Iowa these people,’’ said Steve Johnson, the pros- ecutor here in Jasper County, where the 24- spread. today, meth use has increased dramati- Drug agents found seven such laboratories cally. According to a report prepared bed jail is now overflowing, and 90 percent of the inmates have a problem with the drug. in Iowa last year. In the first six weeks of by the Governor’s alliance on sub- ‘‘It’s scary stuff. We’re pretty frustrated and this year, they found five more. One of them, stance abuse, seizures of methamphet- don’t know exactly what to do to get it in a house trailer near the small town of amine in Des Moines increased an as- under control.’’ Centerville, exploded and burned a man over tounding 4,000 percent from 1993 to 1994. The drug, also known as crank or ice, is a 40 percent of his body. The drug is also making its way into I repeat: meth seizures in Des Moines stimulant that is swallowed, snorted or in- jected. It is much cheaper than cocaine, and schools throughout Iowa, with some ghastly increased by 4,000 percent. The increase consequences. statewide was 400 percent. These num- its high lasts longer, the authorities say. Users may stay awake for several days at a One night about a year ago, 17-year-old bers are scary, Mr. President. Accord- stretch, feeling euphoric and full of energy Travis Swope of Waterloo sat down with his ing to the Iowa Department of Public before finally plunging into terrible depres- parents, Tim and Keely, and began to trem- Health, 7.3 percent of Iowans seeking sion and paranoia. ble. ‘‘I’m scared,’’ the boy told them. He said help from substance abuse treatment ‘‘This is the most malignant, addictive he could not eat or sleep, and that he had centers in 1995 cited meth as their pri- drug known to mankind,’’ said Dr. Michael been taking a drug called crank. Abrams of Broadlawn Medical Center in Des His parents, who had never heard of the mary addiction. That’s up over 5 per- drug, were shocked, but supportive. Mr. cent from 1994, when only 2.2 percent Moines, where more patients were admitted during the past year for abuse of meth- Swope, a maintenance worker at the John cited meth as their primary addiction. amphetamine than for alcoholism. ‘‘It is Deere Company, said his union insurance Why has meth become such a prob- often used by blue-collar workers, who feel would cover drug treatment. The next day, lem? I do not think anyone knows de- under pressure to perform at a fast pace for however, Travis said he would quit on his finitively, but experts have been able long periods. And at first, it works. It turns own. And his parents believed him. to identify some of the reasons. Meth is you into wonder person. You can do every- ‘‘I was in denial,’’ Mr. Swope said. ‘‘I cheap; a meth high lasts for a very, thing—for a while.’’ though it was something he’d get through.’’ Crack, wicked as it is, cannot compare to Travis, who was a first-rate athlete, very long time, so you get more for seemed better for a while. But then he lost your money; and perhaps most disturb- the destructive power of methamphetamine, Dr. Abrams said, He said the drug, because of weight and looked pale, all the while insist- ingly, meth does not have the stigma its molecular structure, is more stimulating ing that he was not using drugs. Then this associated with cocaine and crack. to the brain than any other drug. manner changed. Kids know that crack is dangerous. But The effects of cocaine, whether snorted or ‘‘He had never been disrespectful to us,’’ they have not yet learned that meth is. smoked, might be gone from the brain in 5 or his mother said. ‘‘But all of a sudden, he’d be In Waterloo, IA, though, people are 10 minutes, Dr. Abrams said, while meth- like, ‘I’ll be home when I decide to come beginning to learn this sad and painful amphetamine continues to work on receptors home!’ That wasn’t Travis. It was like he in the brain for 8 to 24 hours. was a different kid.’’ lesson. According to the New York The price of the drug here might be $100 a At the end of September, there was a blow- Times, a 17-year-old Iowan who had gram, about the same as that for powdered up with his father, and Travis was told to been a good boy, descended into meth cocaine, but would last a user for a week leave the house. addiction. His behavior changed for the while the cocaine would probably be used in On Oct. 6, Travis checked into a hospital, worse. Last October, this young man a day. feeling as if he had a terrible case of the flue. checked himself into the hospital be- Cocaine, which comes from the coca plant, In fact, the drug had broken down his im- cause he believed that he had the flu. is a natural substance. Methamphetamine is mune system and he had developed a form of meningitis. Ten days later, he was dead. He died only days later because meth purely synthetic. ‘‘The body has enzymes that break down cocaine,’’ he said, ‘‘but not ‘‘Learn about this drug, and sit down with had so destroyed his immune system with methamphetamine.’’ your sons and daughters,’’ said Mrs. Swope, that he developed a form of meningitis. Methamphetamine causes psychotic and her voice breaking with emotion as she I will never forget the words of this violent reactions, he said, because the drug talked with a reporter. ‘‘I learned way too

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1867 late, and I feel like I failed him. Travis was ator FEINSTEIN, we are striking at the budget impasse between the Congress a really good kid—not a perfect kid. He made root of the problem: chemical suppliers and the administration have made it some wrong decisions, and this drug sucked who sell chemicals to illegal meth labs. impossible for the administration to him away.’’ Mr. Swope said there were times he avoid- The harder it is for criminal chemists comply with the statutory deadline. ed discussions about drugs with his son, be- to get the raw material to make meth, I remain, however, very concerned cause he feared it would lead to a confronta- the more difficult it will be to produce. that further delay in issuing the regu- tion. ‘‘But I would give everything to have This in turn will make it more expen- lations will erode the power Congress him sitting here now,’’ he said, ‘‘being mad sive. And this will reduce consumption. placed with Indian tribes in the nego- at me.’’ And that will help keep our kids alive tiated rulemaking provisions of the While it seems puzzling why otherwise in- a little longer. 1994 act. A 60-day delay could poten- telligent people would risk ruining their With the rapid increase of meth use tially allow the Federal agencies more lives with this poison, drug counselors point among young people, unless we act time to undermine tribal provisions in out that stimulants have long held appeal in American culture. Going back more than a quickly—and decisively—to pass this the negotiated regulations that were generation, students, athletes and workers bill, I fear for an entire generation of published in proposed form in late Jan- have sought endurance by taking ‘‘uppers’’ Americans. Mr. President, in the 1980’s, uary. or ‘‘speed’’ in tablets called Black Cadillacs we almost lost a generation to crack My concern is based on history. On or White Crosses. and power cocaine. Let’s not get that three occasions, the Congress has had The old country song by Dave Dudley, ‘‘Six close to the edge again. to enact precise statutory directives— Days on the Road,’’ spoke in the voice of a in 1988, 1990, and in 1994—to overcome long-haul trucker in a big hurry: ‘‘I’m taking By Mr. MCCAIN (for himself and the two Departments’ entrenched re- little white pills, and my eyes are open Mr. INOUYE): wide.’’ sistance to the requirements in the Methamphetamine made inroads among S. 1608. A bill to extend the applica- original act. When, for example, in 1988 many blue-collar people because it did not bility of certain regulatory authority the two Secretaries were given a statu- carry the stigma of being a hard drug, the under the Indian Self-Determination tory 10-month timeframe to promul- authorities said. and Education Assistance Act, and for gate regulations with tribal participa- ‘‘Crack has the stigma of being an inner- other purposes; to the Committee on tion, they cut off all tribal input and city drug, and powder cocaine is thought to Indian Affairs. began a delaying process that extended be for affluent people,’’ said Mike Balmer, EXTENSION OF THE INDIAN SELF- the chief deputy sheriff in Jasper County. to 6 years. After 6 years—not 10 DETERMINATION CONTRACT REFORM ACT OF 1994 ‘‘But speed was a working-class drug. It’s months—the Clinton administration what people used to get them through a shift Mr. MCCAIN. Mr. President, I rise released proposed regulations in 1994 at the factory or keep up on a construction today to introduce a measure that that sought in every conceivable way site.’’ would extend for 60 days the authority to retard, rather than enhance, tribal Indeed, the use of methamphetamine goes Congress delegated in 1994 to the Sec- self-determination contracting. The back many years, perhaps to the 20’ or 30’s. retary of the Interior and the Sec- Congress responded by promptly enact- But today’s form is farm more powerful, and retary of Health and Human Services ing the Indian Self-Determination Con- deadly. to promulgate regulations imple- Years ago, the authorities said, a typical tract Reform Act of 1994. That act street does of methamphetamine consisted of menting the Indian Self-Determination mandated, for the first time in the his- perhaps 20 percent of ephedrine, the ingre- Contract Reform Act of 1994. tory of Federal-Indian legislation, that dient that delivers the kick. New methods Under longstanding Federal-Indian tribal governments be directly in- that emerged in the late 1980’s and early 90’s policies favoring tribal self-determina- volved in the process of drafting the often using a synthetic psuedoephedrine, tion, the United States has encouraged proposed regulations through a nego- have yielded a much more potent substance. native American tribal governments tiated rulemaking format rather than Now the drug contains over 90 percent of the and tribal organizations to assume the the traditional process of being ‘‘con- active ingredient. responsibility of carrying out essential Even before the big influx of methamphet- sulted’’ on drafts prepared by Federal amine, the use of stimulants was a problem governmental services previously per- officials. in Iowa. A public health survey in 1993 found formed by Federal employees of the In the 1994 act, the Congress accepted that the use of stimulants like amphet- Bureau of Indian Affairs [BIA] and the the administration’s request that the amines among Iowans was twice the national Indian Health Service [IHS]. Indian 12-month regulatory period, originally average, a finding that caused some scholars tribes have been waiting since 1988 for proposed by the Senate, be enlarged to to wonder if an intense Midwestern work regulations that would guide the im- 18 months. That 18-month period ends ethic was mainly to blame. plementation of the act. The bill I am on April 25, 1996. The Clinton adminis- The latest statistics show that more than introducing today would elongate that 35 percent of the people going to Iowa pris- tration assured the Congress that this ons last year reported using methamphet- delay by an additional 60 days, extend- would be ample time to get the job amine. And 90 percent of the people being ing the authority to issue final regula- done. committed to the mental health facilities in tions from April 25, 1996 to June 25, I am told that the proposed regula- Polk County have used methamphetamine. 1996. tions prepared by the joint Federal- In some cases, the psychotic behavior pro- Despite my initial hesitancy to spon- Tribal negotiated rulemaking com- voked by the drug becomes permanent. The sor such an extension, tribal govern- mittee were largely completed and drug also causes body sores, which are wors- ments have now convinced me of the ready for publication in October 1995. ened by the incessant scratching by users need for this 60-day extension. The who feel like bugs are crawling over their However, the draft regulations lan- bodies. United South and Eastern Tribes, the guished in the Office of Management To fight the drug, Iowa has begun a radio National Congress of American Indi- and Budget, or OMB, for over 3 months and television advertising campaign to warn ans, and numerous tribal governments before they were finally released for people of the dangers. A new prosecutor has have asked me to support the exten- publication in the Federal Register on been added to the United States Attorney’s sion. I respect their judgment and ask January 24, 1996. Soon after publica- office in Des Moines, just to concentrate on that the Congress honor their request. tion, the administration began to drugs. At least five counties in Iowa have In addition, several days ago the Sen- mount pressure for an extension. hired extra prosecutors to deal with the ris- ing tide of methamphetamine cases. ate referred executive communication Mr. President, I am very concerned ‘‘They haven’t seen much of this in the No. 1959 to the Committee on Indian about reports that OMB officials re- East Coast,’’ said Tom Murtha, the director Affairs, which I chair. EC 1959 forwards cently raised dozens of questions and of the First Step-Mercy Franklin Center, an the request of the Department of issues after the joint Federal-Tribal alcohol and drug treatment center. ‘‘But it’s Health and Human Services and the negotiated rulemaking committee had coming.’’ Department of the Interior that Con- finalized the proposed regulations. This Mr. GRASSLEY. Mr. President, what gress enact the bill I am introducing is particularly disturbing, because I America is facing today is nothing today. The Departments argue that a and other authors of the 1994 act ex- short of an epidemic. Meth is cheap and 60-day extension is needed because win- pected the entire administration, in- easily manufactured from commonly ter weather conditions and recent Fed- cluding the OMB, to raise its concerns available chemicals. Today, with Sen- eral employee furloughs related to the and questions during the negotiated

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S1868 CONGRESSIONAL RECORD — SENATE March 12, 1996 rulemaking committee’s deliberations persuaded by the Indian tribes to set a have suffered from the abuse of the with the Indian tribes, not afterward. hard and fast publication deadline of drug. What is most troubling to me, is that April 25, 1996 in response to the delays Today, we are tracking the arrival of tribal representatives on the joint Fed- tribes had experienced in getting final two new drugs—rohypnol and what is eral-Tribal negotiated rulemaking regulations under the 1988 amend- called ‘‘special K’’—as they begin to committee have informed me that ments. Likewise, at the request of the show popularity in several States. So, many of these OMB questions reflected Indian tribes, Congress mandated that today is the time for action against a basic lack of understanding of the act the proposed regulations be developed these drugs. and the special statutory and historic by a joint, tribal-Federal negotiated Heightening this urgency is one context in which these regulations rulemaking committee. Assuming sub- stark fact—these new drugs are being have been developed. It appears that stantial tribal involvement in that used primarily by our children—our the administration’s negotiators did committee, and good faith on the part teens and young adults. One need not not release these OMB questions to the of the administration, it would be rea- be unduly alarmist, but we must pro- tribal representatives until late last sonable to expect that these time- ceed with dispatch to do what we can month. The questions are of the type frames could be met. But apparently, to stop the spread of rohypnol and spe- that could easily have been addressed 60 more days is needed. Accordingly, I cial K. during the Federal-Tribal negotiated will support the extension with the That is why I am today introducing rulemaking process. I am disturbed warning to the administration that I legislation to make both these drugs that the OMB has apparently elected do not want to learn at some later date subject to much stricter regulation. not to participate directly in the nego- that the expanded timeframe has al- This can be accomplished by moving tiations, where the OMB officials could lowed the administration additional these drugs to different schedules have openly aired their concerns and advantage over tribal governments in under the Federal Controlled Sub- afforded tribal government representa- the negotiation of the final regula- stances Act. tives an opportunity to respond. tions. This is not a step to be taken lightly, The apparent risk associated with ex- Despite my reservations, I remain because there is a regulatory procedure tending the deadline for final promul- hopeful that the ongoing negotiated in place for scheduling controlled sub- gation of the regulations is that the rulemaking process can be successfully stances. But, unfortunately, this regu- OMB, and their allies within the De- concluded within the extended time- latory procedure can take years to ac- partments, will have more time to uni- frame. But the Departments and the complish our goal, and what we need to laterally undo much of what the joint OMB must commit themselves to this do must be done in months, not years. Federal-Tribal negotiated rulemaking process, just as the Indian tribes have In the past decade, Congress has committee has achieved to date as a re- done, and they must resist the tempta- taken legislative action to change sult of government-to-government ne- tion to slide back into the paternal- schedules in at least two other in- gotiations, and more time to resolve, istic, adversarial, and bureaucratic stances. against the Indian tribes, the remain- thinking that has compelled the Con- In 1984, in response to an alarming ing areas in dispute set forth in the gress since 1988 to micromanage the increase in illicit trafficking and non- January 24, 1996, notice of proposed Departments in the area of tribal self- medical abuse of the drug, Congress en- rulemaking. determination contracting. acted legislation to move quaaludes, a I am deeply concerned that the De- I thank my friend, Senator INOUYE, previously medically approved seda- partments’ resistance to the act has for joining with me as an original co- tive, to schedule one of the Controlled undercut the negotiated rulemaking sponsor of the bill. I urge my col- Substances Act. process, as evidenced by the nature of leagues to support the 60-day extension In the decade since this legislation the issues remaining in dispute. For in- and to join me in ensuring that the ad- took effect, quaalude abuse has de- stance, neither Department wants to ministration does not, by reason of the creased significantly, with emergency use the negotiated rulemaking process 60-day delay, gain any negotiation ad- room quaalude overdose reports down to develop their agency procedures, de- vantage over the Indian tribes. 80 percent from 1985 to 1994. spite the law’s directive that they do Mr. President, I ask unanimous con- And in legislation I sponsored, which so. The Interior Department insists on sent that the text of the bill be printed was passed as part of the 1990 Crime incomprehensible organizational con- in the RECORD. Control Act, steroids were reclassified flict-of-interest provisions which can There being no objection, the bill was as a schedule three substance, sub- only serve to undermine the goal of ordered to be printed in the RECORD, as jecting them to more strict controls tribal self-determination. The Interior follows: and penalties. Department insists that a standard S. 1608 This change was also in response to contract renewal with no material Be it enacted by the Senate and House of Rep- an explosion of abuse—particularly by change must be processed through the resentatives of the United States of America in young athletes. The effects of this leg- full contract application and declina- Congress assembled, islation has also been significant, with tion process even though that is plain- SECTION 1. EXTENSION OF APPLICABILITY OF the rate of annual use of steroids down ly not what Congress intended—as the CERTAIN REGULATORY AUTHORITY. 42 percent in the first 2 years following IHS, to its credit, does recognize. The Section 107(a)(2)(B) of the Indian Self-De- the enactment of the legislation. termination and Education Assistance Act Departments both seek to preserve the (25 U.S.C. 450k(a)(2)(B)) is amended by strik- It is now time to legislate stricter right to impose on tribes unpublished ing ‘‘18 months’’ and inserting ‘‘20 months’’. controls for rohypnol and special K. requirements, despite the clear statu- The record high drug abuse rates of the tory prohibitions against doing so. And By Mr. BIDEN: 1970’s were accompanied by a unique perhaps most distressingly, the Depart- S. 1609. A bill to provide for the re- drug culture signified by the presence ments have resisted placing any lan- scheduling of flunitrazepan into sched- of ‘‘club’’ drugs—drugs that were pop- guage in the new regulations that ule I of the Controlled Substances Act, ular with youth and young adults who would state that Federal laws and reg- and for other purposes; to the Com- frequented dance clubs and often mixed ulations will be interpreted liberally mittee on the Judiciary. drugs with alcohol and other sub- for the benefit of the Indian tribes in CONTROLLED SUBSTANCES ACT LEGISLATION stances. order to facilitate contracting activi- ∑ Mr. BIDEN. Mr. President, the best Recently, club drugs have made a re- ties under the act. This is the position time to target a new drug with uncom- surgence in popularity, and they are of the Departments despite the fact promising enforcement pressure is be- often showing up at both bars and that this language is a well-settled fore abuse of that drug has over- ‘‘raves,’’ all-night dance marathons U.S. Supreme Court rule of statutory whelmed our communities. popular with teens. construction that applies to all reme- The advantages of doing so are Club drugs are typified by the way dial Indian legislation. clear—there are fewer pushers traf- they suddenly gain popularity and be- To sum it up, Mr. President, I and ficking in the drug and, most impor- come the drug of choice, becoming other Members of Congress in 1994 were tant, fewer lives and fewer families will trendy among youth. Often these drugs

VerDate Aug 31 2005 05:07 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S12MR6.REC S12MR6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS March 12, 1996 CONGRESSIONAL RECORD — SENATE S1869 are legally manufactured but are being There have also been a number of re- step in the right direction. But this used by youth in ways unintended by ports of teens and young adults who ban on all rohypnol is only the first the manufacturer and unapproved by have entered drug abuse treatment fa- step. the Food and Drug Administration. cilities in Florida, reporting rohypnol Further action is needed to make Rohypnol and special K are two of abuse and suicidal feelings they experi- sure cracking down on the illegal traf- the drugs which have recently hit the enced while using rohypnol. ficking of rohypnol is a high priority youth scene and quickly become pop- The most famous example of and that illegal traffickers of rohypnol ular. Both of these drugs are very dan- rohypnol overdose made the news with are given tough sanctions. gerous drugs whose current legal sta- the attempted suicide of Kurt Cobain, That is why I am introducing legisla- tus does not reflect the dangers inher- lead singer of the rock band Nirvana. tion to increase the restrictions on ent in their abuse. Cobain ultimately succeeded in com- both special K and rohypnol. By mov- Rohypnol abuse was first documented mitting suicide on March 18, 1994, but ing rohypnol to schedule one of the in the United States in 1993. Although the rock singer had attempted suicide Federal Controlled Substances Act and abuse was first noted in southern Flor- earlier in the month when he fell into adding special K to schedule two of the ida, in the past 2 years abuse has a coma following a near fatal mixture act, this legislation will subject both spread rapidly, and rohypnol activity of champagne and rohypnol. Cobain re- drugs to tighter controls, increased has now been reported in more than 30 mained comatose for nearly 2 days be- penalties for unlawful activity involv- States. fore regaining consciousness after this ing the two drugs, and will increase the Without rapid and strong Govern- drug experience. attention and enforcement efforts di- ment action, abuse will continue to Special K is also hitting the club rected at the drugs by Federal, State, spread to uncontrollable levels. scene at alarming rates. This drug is a and local law and drug enforcement of- Teenagers find rohypnol attractive hallucinogen very similar to PCP. Spe- ficials. for a number of reasons. Frighteningly, cial K, or ketamine hydrochloride, has In essence, these tighter regulations one major reason is that youth do not become popular as a new designer drug. will mean that rohypnol will be sub- see rohypnol as dangerous because it Although this drug has been in exist- jected to the same restrictions and has a legitimate medical use in some ence for several years, its abuse has penalties as heroin, and special K will areas of the world, and they mistak- rapidly become more prevalent in re- face the same controls as cocaine. enly believe that if they are taking a cent years. I hope my colleagues will join me in drug which is in its original packaging Now many parties and raves at dance seeing to speedy passage of this legisla- from the manufacturer, it is both safe clubs are called bump parties, as a way tion—taking action to make these and unadulterated. of conveying special K is available. It drugs less available to our youth now. In addition, there are few existing is particularly attractive to kids at I ask unanimous consent that a copy means for testing and prosecuting these types of events because along of the bill appear in the RECORD. youth for rohypnol possession and in- with its mind-altering effects, the drug There being no objection, the bill was toxication. The combination of gives a burst of energy, and it can be ordered to be printed in the RECORD, as rohypnol and alcohol makes it possible mixed with water so kids can take it in follows: for youth to feel very intoxicated while public without attracting attention. S. 1609 still remaining under the legal blood- In fact, a club in New Jersey was re- Be it enacted by the Senate and House of Rep- alcohol level for driving. cently closed by police after it was dis- resentatives of the United States of America in In addition to gaining attention for covered that teens were attending Congress assembled, increasing rate of abuse, rohypnol has raves there where club employees dis- SECTION 1. RESCHEDULING. also been the focus of another social tributed bottled water for this purpose. Notwithstanding sections 201 and 202 (a) problem: crime, particularly date rape. In addition to seizures in New Jersey, and (b) of the Controlled Substances Act (21 In fact, in many areas and in a number recent newspaper articles have men- U.S.C. 811, 812 (a),(b)) respecting the sched- of newspaper accounts, rohypnol has tioned seizures in Maryland, New York, uling of controlled substances, the Attorney been referred to as a ‘‘date rape drug.’’ Pennsylvania, Arizona, California, and General shall, by order— This connection between rohypnol Florida. Drug tracking experts have (1) transfer flunitrazepam from schedule IV and rape is due to the drug’s also cited the presence of special K in of such Act to schedule I of such Act; and (2) add ketamine hydrochloride to schedule disinhibitory effects and its likelihood Georgia and the District of Columbia, II of such Act.∑ of causing amnesia when combined and in my home State of Delaware. with alcohol. Special K is considered the successor f Unfortunately, this amnesiac effect to PCP—or angel dust, as it is known ADDITIONAL COSPONSORS is one of the reasons many people who on the street—due to similarity of the abuse rohypnol are attracted to it. It is two drugs’ chemical compositions and S. 942 commonly reported that people taking mind-altering effects. There have also At the request of Mr. BOND, the name rohypnol in combination with alcohol been reports of PCP being sold to peo- of the Senator from Massachusetts typically have blackouts, or memory ple who think they are buying special [Mr. KERRY] was added as a cosponsor losses lasting 8 to 24 hours. K. of S. 942, a bill to promote increased The novelty of blackouts attract Ketamine is primarily a veterinary understanding of Federal regulations youth, particularly youth who are anesthetic. Although it has some lim- and increased voluntary compliance combining drugs with alcohol. ited use for human medical treatment, with such regulations by small enti- This has led to rohypnol being re- its use in this manner is not extensive ties, to provide for the designation of ferred to as the ‘‘forget me pill’’ or the due to the unpleasant and often dan- regional ombudsmen and oversight ‘‘forget pill.’’ Even more frightening, gerous side effects that can accompany boards to monitor the enforcement many people are finding the drug at- its use. practices of certain Federal agencies tractive as a way of creating blackouts It is clear that the current controls with respect to small business con- in others. on rohypnol and ketamine do not re- cerns, to provide relief from excessive The combination of disinhibition and flect the dangers these drugs now pose and arbitrary regulatory enforcement memory loss caused by rohypnol mixed to our society, particularly to women actions against small entities, and for with alcohol makes women especially and children. In the United States other purposes. vulnerable to being victims of date rohypnol is classified under the Federal S. 960 rape by people who convince women to Controlled Substances Act as only a At the request of Mr. SANTORUM, the take rohypnol while drinking or put schedule four drug, and ketamine is name of the Senator from Virginia [Mr. the drug in a woman’s drink without not scheduled at all. WARNER] was added as a cosponsor of S. her knowledge. Last week, the Treasury Department 960, a bill to amend title 18, United Recently, in Florida and Texas, there announced that custom officials would States Code, to exempt qualified cur- have been a number of investigations begin seizing all rohypnol which is rent and former law enforcement offi- into these types of victimizations. brought across U.S. borders. This is a cers from State laws prohibiting the

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