E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, MONDAY, OCTOBER 2, 2000 No. 120 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 12 noon, on the ex- RECOGNITION OF THE MAJORITY around 5:30, maybe as many as three. piration of the recess, when called to LEADER And then, of course, there will be the order by the President pro tempore The PRESIDENT pro tempore. The other vote at 10 a.m. Mr. President, I yield the floor. [Mr. THURMOND]. able majority leader is recognized. The PRESIDING OFFICER (Mr. SES- Mr. LOTT. I thank the Chair. PRAYER SIONS). The Senator from West Virginia f The Chaplain, Dr. Lloyd John is recognized now for 60 minutes. Mr. BYRD. I do not expect to take 60 Ogilvie, offered the following prayer: THE PRESIDENT PRO TEMPORE minutes, but I thank our floor staff for Almighty God, source of enabling Mr. LOTT. Mr. President, we note arranging for me to use that time. strength, we thank You that You have with great pleasure that the distin- f promised, ‘‘As your days, so shall your guished President pro tempore, Sen- strength be.’’ ator THURMOND of South Carolina, is A CATSKILL EAGLE As we begin a new week, it is a present and accounted for, as always. Mr. BYRD. Mr. President, on a cold source of both comfort and courage We are truly blessed and thankful for winter afternoon in 1941, a young boy that You will be with us to provide the the indomitable spirit and the magnifi- of fourteen went about his daily busi- power to finish the work to be accom- cent personality and the leadership of ness, engaged in his humble profession. plished before the recess. Help us to Senator THURMOND. It is good to see I can imagine that to many of the pe- trust You each step of the way, hour by him here looking great this morning. destrians who made their way down hour, issue after issue. Free us to live Mr. THURMOND. Thank you very Central Park West that day, this each moment to the fullest. We com- much. youngster perhaps was nothing ex- mit to Your care any personal worries traordinary, just another shoeshine that might cripple our effectiveness. f boy. However, this was not just an- Bless the negotiations on the budget. SCHEDULE other winter day; it was December 7, We ask that agreement may be 1941. It marked the beginning of Amer- Mr. LOTT. Mr. President, today the reached. ica’s active participation in the great- Senate will be in a period of morning Father, be with the Senators. Re- est struggle of the twentieth century, a business until 2 p.m. with Senators place rivalry with resilience, party war that would take this boy and make THOMAS and BYRD in control of the prejudice with patriotism, weariness him a man. And it was, perhaps, the time. with well-being, anxiety with assur- last time DANIEL PATRICK MOYNIHAN Following morning business, the Sen- ance, and caution with courage. Re- was left standing on the sidelines as ate will resume consideration of the claim that magnificent promise the controversies and events that motion to proceed to S. 2557, the bill through Isaiah, ‘‘But those who wait on would affect our Nation unfolded. So regarding America’s dependency on for- the Lord shall renew their strength; this was not just another boy. Today, I eign oil. At 5:30 p.m. the Senate will they shall mount up with wings like honor this man and commemorate his proceed to a vote on the conference re- eagles; they shall run and not be transformation from a humble shoe- port accompanying the energy and weary; they shall walk and not faint.’’ shine boy to the senior Senator from water appropriations bill unless some Is. 40:31. May it be so for the Senators the State of New York. It is with a other agreement is reached. As a re- all through this week. You are our heavy heart, a heart that is filled with minder, on Tuesday morning the Sen- Lord and Saviour. Amen. admiration, that I bid Senator MOY- ate will begin final debate on the H–1B NIHAN farewell and thank him for his f visa bill with a vote scheduled to occur ceaseless efforts on behalf of the people at 10 a.m. Therefore, Senators can ex- of New York and this Nation. PLEDGE OF ALLEGIANCE pect votes at 5:30 p.m. this evening and He will not be leaving this afternoon The honorable JEFF SESSIONS, a Sen- 10 a.m. tomorrow. or tomorrow or the next day, but this ator from the State of Alabama, led I thank my colleagues for their at- is his final year, by his own choice, in the Pledge of Allegiance, as follows: tention. which he will serve the Nation and his I pledge allegiance to the Flag of the I might also note that we could have State of New York from his position in United States of America, and to the Repub- a vote or votes on the Executive Cal- this Chamber. lic for which it stands, one nation under God, endar this afternoon. So there could be Raised by a journalist and a bar-keep indivisible, with liberty and justice for all. at least two votes beginning sometime in Manhattan’s melting pot, Senator

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

S9559

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VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9560 CONGRESSIONAL RECORD — SENATE October 2, 2000 MOYNIHAN climbed the ladder of aca- crossing party lines, challenging every the Capitol, he has graced us all with demia with the callused hands of a administration—and all without per- intellectual vigor and a stellar level of blue-collar day laborer to become a sonal concern for political backlash. scholarship. He has helped us all to as- man of accomplishment and great Simply put, Senator MOYNIHAN states cend the path of true knowledge and learning, the embodiment of the Amer- facts, the cold, hard truths that many reach for wisdom. Each of us, Demo- ican Dream. He once arrived for an ex- others in high places refuse to face and crat and Republican alike, recognizes amination at City College of New York that some are unable to see. His con- that when Senator MOYNIHAN speaks, with a dockworker’s loading hook science is his compass, and his heart is we should listen for we may learn tucked into his back pocket next to his steadied by his unfaltering belief in the something that could fundamentally pencils, as if it were a study in con- power of knowledge and the possibili- shift our thinking on a given matter. trasting worlds. ties of government. Senator MOYNIHAN has been a guiding It was this unrelenting desire, this As Senator MOYNIHAN steps away light, a sage of sages, the best of col- hunger, this thirst for knowledge that from his desk on the Senate floor for leagues, and always, always a gen- led this former shoeshine boy from the the final time—he will never step away tleman—always a gentleman. sidewalks of New York, that led this from it in my memory. I will always On this day, when I state this enco- longshoreman who had worked out in see him at that desk. I will always see mium in my feeble way—feeble because the cold with the swirling snow and the his face—that unkempt hair, the bow I cannot meet the challenge, strive wintry winds about him, to his improb- tie, the spectacles which he frequently though I must, I cannot meet the chal- able destiny in the life of our Nation. readjusts. I can hear him say: ‘‘sir; lenge to gropingly find the appropriate Having served honorably in the U.S. sir.’’ words to express my true and deep Navy during World War II as a gunnery As he steps away from his desk on abiding admiration and love. I cannot officer aboard the U.S.S. Quirinus, he the Senate floor for the final time, he find it for this man. I have served with many men and earned a doctorate from the Fletcher will walk away with his head held high, women in this Senate. Everyone here School of Law and Diplomacy in 1961. with his legacy intact, and with a dis- knows of my great admiration for some He taught briefly at both Harvard Uni- tinguished and singular place in our of those men—I say ‘‘men’’ because, for versity and Tufts University and then Nation’s history well secured. He will the most part, of these more than two worked in a series of high positions in always be looked to as a leader of men, centuries, only men served in this the Kennedy, Johnson, Nixon, and Ford as an author of many books—more body. Every colleague of mine knows of administrations. Now get that, high books than most Senators have read— my deep admiration for certain former positions in four administrations—the and as a compassionate intellectual Senators—Senator Richard Russell, Kennedy, the Johnson, the Nixon, and who has no peer in this Senate, who Senator Russell Long, Senator Lister the Ford administrations. He became has used his considerable talents to be- Hill, Senator Everett Dirksen, and oth- the first and only man ever to serve in come one of the principal architects of ers—and yet Senator MOYNIHAN is the Cabinets or subcabinets of four suc- our Nation’s foreign policy and our Na- uniquely unique. He is not the keeper cessive Presidents. tion’s social security safety net. He of the rules as was Senator Russell. He What an outstanding career. What an will be remembered thusly, for these is not the great orator that was Sen- outstanding man for that career. How- and more. ator Dirksen, but this man is unique in ever, this was only the beginning, for U.S. Permanent Representative to his knowledge, in his grasp of great this great thinker among politicians. the United Nations, author of the Wel- issues, in his ability to foresee the fu- He was also to become one of the finest fare Reform Act of 1988 and the Inter- ture and to point the way, always unas- politicians among thinkers. modal Surface Transportation Effi- suming, always courteous, always a A true visionary, Senator MOYNIHAN ciency Act of 1991, chairman of the gentleman. Ah, that we could all be is the kind of philosopher-politician Senate Committee on the Environment like this man! who the Founding Fathers had fer- and Public Works from 1992 to 1993, I wish I could have been so fortunate vently hoped would populate the Sen- chairman of the Senate Committee on as to sit in Senator MOYNIHAN’s classes ate. Men, who, like Socrates’ philoso- Finance from 1993 to 1994, DANIEL PAT- at Harvard or, to paraphrase Garfield, pher-kings described in Plato’s Repub- RICK MOYNIHAN has left his indelible on a log in the West Virginia hills with lic, ‘‘are awake rather than dream- mark on this country. PAT MOYNIHAN on one end and me on ing’’—men who have broken the bonds He served as the chairman of that Fi- the other. That is the picture I have of of ignorance and have sought the truth nance Committee, one of the oldest of one to whom I look up, one whom I ad- of fine and just and good things, not the few committees that sprang into mire and at whose feet I would gladly simply the shapes and the half-defined being early, I believe it was in 1816. It sit to learn the lessons, the philosophy, shadows of the unthinking world; men was from that Committee on Finance the chemistry of the times. who have shared the light of their that the Appropriations Committee Erma and I offer our best wishes to learning, illuminating the path for oth- was carved in 1867, a half century later. his lovely and gracious wife Elizabeth ers—some of whom always seem to be In the beginning, the Finance Com- as our esteemed colleague, Senator left in the dark. mittee handled both the finance and MOYNIHAN, embarks on yet another ad- If there is, in fact, one man among the appropriations business of the Sen- venture—retirement. I thank him for those of us in the Senate who truly ate. The Finance Committee was well being this special man, always a philos- epitomizes Socrates’ philosopher-king, led when DANIEL PATRICK MOYNIHAN opher-Senator. He will be sorely missed it is surely, indubitably, and without sat in the chair. here. Whence cometh another like question, the senior Senator from the I certainly will never forget the role him? State of New York, Mr. MOYNIHAN. that Senator MOYNIHAN played in our Herman Melville, in his classic work, With a pragmatic eye and a unique battle against the line-item veto. Like Moby Dick, said this: talent for seeing the issues that face Socrates’ quoting the shade of the dead There is a Catskill Eagle in some souls our Nation on a larger scale—on a Achilles in Homer’s epic, the ‘‘Odys- that can alike dive down into the blackest gorges and soar out of them again and be- grand scale—Senator MOYNIHAN has sey,’’ Senator MOYNIHAN would rather, spent most of his life breaking through come invisible in the sunny spaces. And even ‘‘ ‘work the Earth as a serf to another, if he forever flies within the gorge, that the partisan politics inside this belt- one without possessions,’ and go gorge is in the mountains; so that even in his way. He possesses both a startling abil- through any sufferings, than share lowest swoop, the Mountain Eagle is still ity to foresee future problems, far be- their opinions and live as they do.’’ higher than the other birds upon the plain, yond the ken of most men, and the Incapable of indifference and unable even though they soar. courage to address these problems be- to sit by as others were paralyzed by Many who have passed through these fore they become apparent to common ignorance, Senator MOYNIHAN rose up halls have soared, but very, very few men. Issues that few others tackle with and fought the good fight—the just could ever truly be likened to a Cats- insight, such as Social Security, health fight—and he won, sir. He won. kill Eagle. care, and welfare reform, he has pas- In the 24 years that Senator MOY- The PRESIDING OFFICER. The Sen- sionately addressed for many years— NIHAN has walked the marble halls of ator from New York.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9561 Mr. MOYNIHAN. When I arrived at wishful thinking or make-believe assertions the assassin. Although the initial re- the Senate near 25 years ago, it was that were horizons beyond the reality of life ports had identified Lee Harvey Oswald very clear to me that I would look to at the time they were written. as the assassin, and on television, on ROBERT C. BYRD as my mentor; and he Carl Rowan always reached beyond November 24, America saw Jack Ruby has been. I have sat at the foot of this the horizon—he always went beyond walk into the Dallas police station, put Gamaliel for a quarter century. As I the horizon—and he helped others to a gun in Oswald’s stomach and kill leave, sir, he is my mentor still. I am aspire to do the same. With the passing him, the Warren Commission started profoundly grateful. of Carl Rowan, journalism has lost one off its investigation without any pre- If I have met with your approval, sir, of its best, the underprivileged have sumptions but looking at the evidence it is all I have hoped for. I thank you lost a friend, and the Nation has lost a to make that determination as to who beyond words. And I thank you for part of its social conscience. the assassin was. your kind remarks about Elizabeth. Mr. President, I yield the floor and My area was area one, which involved And my great respect and regard to suggest the absence of a quorum. the activities of the President on No- Erma. The PRESIDING OFFICER. The vember 22, 1963. There was substantial Thank you, Mr. President. clerk will call the roll. interaction between the work that Joe Mr. BYRD. Mr. President, I thank The assistant legislative clerk pro- Ball and Dave Belin did and the work the Senator. ceeded to call the roll. which was assigned to me and Francis W.H. Adams, who was senior counsel on f Mr. SPECTER. Mr. President, I ask unanimous consent that the order for area one. REMEMBERING CARL ROWAN the quorum call be rescinded. Frank Adams had been New York Mr. BYRD. Mr. President, recently, a The PRESIDING OFFICER. Without City police commissioner and had been great voice was silenced when Carl objection, it is so ordered. asked to join the Warren Commission staff when Mayor Wagner sat next to Thomas Rowan passed away. As a f newspaper columnist, he articulated Chief Justice Warren at the funeral of JOSEPH A. BALL the problems and predicaments of former Governor and former Senator, working Americans. As a Presidential Mr. SPECTER. Mr. President, I have Herbert Lehman. Mayor Wagner told advisor, Mr. Rowan spoke for the sought recognition to comment upon Chief Justice Warren that Frank rights not only of minorities but also the death of one of America’s great Adams, the police commissioner, knew for all Americans who were getting the lawyers, Joseph A. Ball. On Saturday, a lot about Presidential protection and had designed protection for motorcades short end of the stick, as we say back the New York Times carried an exten- in New York City, with dangers from in the West Virginia hills. sive account of his background and his- tall buildings, which was an analogy to Carl Rowan and I came from similar tory and accomplishments. I ask unan- what happened to President Kennedy. backgrounds. We both grew up in poor imous consent that at the conclusion There was question as to how we coal-mining communities and we never of my remarks the copy of the New York Times article be printed in the would coordinate our work, and it was forgot our roots. Carl often talked sort of decided that Joe Ball and Dave about growing up without running RECORD. The PRESIDING OFFICER. Without Belin would investigate matters when water, without electricity, without the bullet left the rifle of the assassin objection, it is so ordered. those basic amenities that so many in flight, which was no man’s land, and (See Exhibit 1.) people take for granted today. As they when it struck the President. That Mr. SPECTER. The Times article de- did for me, those humble beginnings came into area one, which was my tails the specifics on the positions held provided Carl Rowan with the burning area: the bullet wounds on President by Mr. Ball in the lawyers associations, desire to make a difference in his com- Kennedy, the bullet wounds on Gov- his professorial associations as a teach- munity and in his country. And make a ernor Connally, what happened with er, his experience as a criminal lawyer, difference he did. the doctors at Parkland Hospital, what and his experience, most pointedly, as The only thing stronger than Carl happened with the autopsy, all matters one of the senior counsel to the Warren Rowan’s voice was his conviction. He related to what had happened with Commission, the President’s commis- stood for basic principles—equality and President Kennedy. freedom—and those principles guided sion which investigated the assassina- We had scheduled the autopsy sur- him at every step in his life. Earlier tion of President Kennedy. It was on geons for a Monday in early March. this year, Carl Rowan wrote: the Warren Commission staff that I They were Lieutenant Commander Bos- Men and women do not live only by what is came to know Joe Ball. well, Lieutenant Commander Humes attainable; they are driven more by what The original complexion of the War- and Lieutenant Colonel Pierre Finck. they dream of and aspire to that which ren Commission on staffing was that The autopsy was done at Bethesda, might be forever beyond their grasp. there were six senior counsel who were where President Kennedy was taken, That ideal resonated not only in his appointed and six junior counsel. That because of the family’s preference that columns but also in his life. Instead of distinction was replaced by putting all he go to a naval installation because he simply bemoaning the fact that a col- of the lawyers under the category of was a Navy man, so to speak, who had lege education was too expensive for assistant counsel. But if there was a served in the Navy. many underprivileged children, Mr. senior counsel, it was Joe Ball. The testimony was to be taken on Rowan in 1987 created the Project Ex- Then, in his early sixties, he was a this Monday in March. There was quite cellence Foundation, which has made tower of strength for the younger law- a debate going on with the Warren nearly $80 million available to students yers. When the commission began its Commission staff as to whether we for academic scholarships. Instead of work, I was 33. Most of the junior law- should talk to witnesses in advance. It allowing the amputation of part of his yers were about the same age. We seemed to many of us that we should right leg to slow him down, Mr. Rowan looked to Joe Ball for his experience talk to witnesses in advance so we walked—and even danced; even and for his guidance. He had a special would have an idea as to what they danced—faster than doctors expected, relationship with Chief Justice Earl would testify to so we could have an and he then pushed for greater oppor- Warren, which was also helpful because orderly presentation, which is the way tunities for the disabled. When others Joe Ball could find out what Chief Jus- any lawyer talks to a witness whom he saw obstacles, Carl Rowan saw chal- tice Warren had in mind in his capacity is about to call. The distinguished Pre- lenges. When others saw impossibil- as chairman and provide some valuable siding Officer has been a trial lawyer ities, Carl Rowan saw opportunities. insights that some of the younger law- and knows very well to what I am re- Instead of cursing the darkness, Carl yers were unable to attain. ferring. There was a segment on the Rowan lighted the candles. Joe Ball worked on what was called Warren Commission staff which Mr. Rowan wrote: area two, along with the very distin- thought we should not talk to any wit- Wise people will remember that the Dec- guished younger lawyer, David Belin nesses in advance, lest there be some laration of Independence and the Preamble from Des Moines, IA. Area two was the overtone of influencing their testi- to our Constitution are mostly unattainable area which was structured to identify mony. Finally, this debate had to come

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9562 CONGRESSIONAL RECORD — SENATE October 2, 2000 to a head, and it came to a head the about 275 feet was about 1,900 feet per ‘‘About 10,000 pieces of paper were then week before the autopsy searchers were second. rolled into my office; the written reports of to testify. At any rate, as Joe Ball and I went various investigative agencies, including the And on Friday afternoon, Joe Ball through it with the autopsy surgeons, F.B.I., the Dallas Police and the Central In- and I went out to Bethesda to talk to telligence Agency,’’ Mr. Ball wrote in 1993. we found for the first time—because we ‘‘During the first month of the investigation, the autopsy surgeons. It was a Friday had only seen the FBI reports—that we classified the information found in the re- afternoon, much like a Friday after- the bullet did go through President ports by means of a card index system. This noon in the Senate. Nobody else was Kennedy and decreased very little in permitted the immediate retrieval of this in- around. It was my area, but I was look- velocity. It was at that moment when formation.’’ Witnesses were also questioned ing for some company, so I asked Joe we talked to Dr. Humes and Dr. Finck during the inquiry. Ball to accompany me—the autopsy that we came to hypothesize that that Mr. Belin wrote in 1971, after the Commis- surgeons falling in my area. We took bullet might have gone through Gov- sion’s report had been criticized, that ‘‘de- the ride out to Bethesda and met the spite the success of the assassination sensa- ernor Connally. We didn’t come to a tionalists in deceiving a large body of world commanding admiral and introduced conclusion on that until we had re- opinion, the Warren Commission Report will ourselves. We didn’t have any creden- viewed very extensive additional notes, stand the test of history for one simple rea- tials. The only thing we had to identify but it was on that occasion that Joe son: The ultimate truth beyond a reasonable ourselves as working on the Warren Ball and I had interviewed the autopsy doubt is that Lee Harvey Oswald killed both Commission was a building pass for the surgeons. It was a marvel to watch Joe John F. Kennedy and J.D. Tippit on that VFW. My building pass had my name Ball work with his extensive experi- tragic afternoon of Nov. 22, 1963.’’ typed crooked on the line, obviously ence as a lawyer and as a fact finder. Office Tippit was a Dallas police officer having been typed in after it was He lived to the ripe old age of 97. The whom Oswald shot shortly before shooting Kennedy. signed. They sign them all and then New York Times obituary had very ex- The commission’s final report was sent to type them in. It didn’t look very offi- tensive compliments about a great deal President Lyndon B. Johnson in September cial at all. of his work and focused on his con- 1964. So when Commander Humes and tribution to the Warren Commission, Mr. Ball was a president of the American Commander Bozwell came down to be where he had written an extensive por- College of Trial Lawyers and of the State interviewed, Commander Humes was tion of the Warren Report, as he was Bar of California. very leery about talking to anybody. assigned to area two which compiled a The Joseph A. Ball Fund to benefit Amer- He had gone through some travail with fair amount of the report. ican Bar Association programs of public having burned his notes and having service and education and to honor excellent America has lost a great patriot in attorneys was named in his honor. been subjected to a lot of comment and Joe Ball, a great citizen, a great law- He was born in Stuart, Iowa, and received criticism about what happened at the yer, and a great contributor. I had the a bachelor’s decree in 1925 from Creighton autopsy, and there were FBI agents pleasure of knowing him and working University in Nebraska and his law degree in present when the autopsy was con- with him on the Warren Commission 1927 from the University of Southern Cali- ducted. A report had come out that the staff and have had occasion to remi- fornia. bullet that had entered the base of the nisce with him about his work. I noted He married Elinor Thon in 1931. After her President’s neck had been dislodged that on his office wall in California is death, he remarried. He also outlived his sec- during the autopsy by massage. It had ond wife, Sybil. his elegantly framed building pass. He is survived by a daughter JoEllen; two fallen out backward as opposed to hav- In the absence of any other Senator grandchildren; and two great-grandchildren. ing gone through the President’s body, seeking recognition, I suggest the ab- Mr. Ball recalled in 1993: ‘‘In 1965, I called which was what the medical evidence sence of a quorum. Chief Justice Warren on the telephone. I had shown. The PRESIDING OFFICER. The said, ‘Chief, these critics of the report are That FBI report that the bullet had clerk will call the roll. guilty of misrepresentation and dishonest re- entered partially into the President’s The assistant legislative clerk pro- porting.’ He replied, ‘Be patient; history will body and then been forced out had ceeded to call the roll. prove that we are right.’ ’’ caused a lot of controversy before the EXHIBIT 1 The PRESIDING OFFICER (Mr. whole facts were known. Later, it was [From the New York Times, Sept. 30] KYL). The Senator from Iowa is recog- determined that the first shot which J.A. BALL, 97, COUNSEL TO WARREN nized. hit the President—he was hit by two COMMISSION Mr. GRASSLEY. Mr. President, I ask bullets—well, the second shot, which (By Eric Pace) unanimous consent that the order for hit him in the base of the skull, was Joseph A. Ball, a California trial attorney the quorum call be rescinded. fatal, entering the base of the skull and who was a senior counsel to the Warren Com- The PRESIDING OFFICER. Without exiting at the top at 13 centimeters, 5 mission, which investigated the assassina- objection, it is so ordered. inches—the fatal wound. The first bul- tion of President John F. Kennedy, died on f let which hit the President passed be- Sept. 21 in Long Beach, Calif. He was 97 and tween two large strap muscles, sliced a longtime resident of Long Beach. DRUG FIGHTING AGENCIES the pleural cavity, hit nothing solid At his death, Mr. Ball was a partner in the Mr. GRASSLEY. Mr. President, I am and came out, and Governor Connally Los Angeles office of the Hawaii-based law often critical of this Administration’s firm Carlsmith Ball. He had been a partner happy-go-lucky ways when it comes to was seated right in front of the Presi- in that firm and its predecessor in Los Ange- dent and the bullet would have to have les for five decades. drug policy. The administration is like hit either Governor Connally or some- Mr. Ball, who wrote crucial portions of the the grasshopper in the old fable. It’s one in the limousine. commission’s report, was selected for the out there fiddling around when it After extensive tests were conducted, commission by United States Chief Justice ought to be working. That said, I do it was concluded that the bullet hit Earl Warren, who had come to know him in not mean this criticism to detract from Governor Connally. There has been a California’s political world. the fine work done by the many men lot of controversy about the single bul- At that time, Mr. Ball was 61, a leading and women in our law enforcement criminal lawyer, a member of the Supreme let theory, but time has shown that it Court’s Advisory Committee on the Federal agencies. These fine people risk their is correct. A lot of tests were con- Rules of Criminal Procedure and a professor lives every day to do important and ducted on the muzzle velocity of the at the University of Southern California Law difficult work on behalf of the public. Oswald rifle. It was identified as having School. I want to take a moment to highlight been Oswald’s, purchased from a Chi- In January 1964, he was appointed as one of some of the achievements and invalu- cago mail order store. He came into the six senior lawyers who, each assisted by a able service provided to this nation by building with a large package which younger colleague, were to handle one of six the men and women of the Drug En- could have contained the rifle. He said broad areas of inquiry. forcement Administration (DEA), the Mr. Ball and David W. Belin, a lawyer from they were curtain rods for an apart- Des Moines who was chosen to assist him, U.S. Customs Service, and the U.S. ment which already had curtains. The concentrated on the area they called ‘‘the Coast Guard. As chairman of the Sen- muzzle velocity was about 2,200 feet per determination of who was the assassin of ate Caucus on International Narcotics second, and the velocity after traveling President Kennedy.’’ Control, I would like to express my

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9563 thanks and make known the tremen- suspects and the seizure of nearly 25 Before I get to actual numbers, let dous pride that I think we should all tons of cocaine, with a retail street me say something on background have in the good people in these agen- value of $1 billion. Operation Journey about this year’s report. The thing to cies. targeted an organization that used note is that the administration has The men and women of the DEA, Cus- large commercial vessels to haul changed the methodology for how it toms, and the Coast Guard are dedi- multi-ton loads of cocaine. This orga- collects data for the report. Why is cated to the protection of the United nization may have shipped a total of 68 that important? Here’s what the report States and to ensuring the safety of tons of cocaine to 12 countries in Eu- says: ‘‘Because of the differences in our children and our lives from the rope and North America. methodology and impact of the new devastating effects of the drug trade. I believe we should all be proud of the survey design on data collection, only They are called on daily to place their jobs these folks do on our behalf. limited comparisons can be made be- lives in harm’s way in an effort to keep f tween data from the 1999 survey and our nation secure. When they are data from surveys prior to 1999.’’ FAST PITCH IS FOUL BALL boarding smugglers’ vessels on the Now, in those years since 1993, that seas. When they stop terrorists at the Mr. GRASSLEY. Mr. President, the data show dramatic increases in drug border. When they investigate nar- administration is at it again. Late last use on this administration’s watch. cotics trafficking organizations around month, it issued its findings from the During each of those years, however, the globe. When they dismantle clan- latest Household Survey on drug use in the administration tried to put a destine methamphetamine labs, engage America. You would have to look fast ‘‘spin’’ on the information, calling bad in undercover operations, safeguard to find anything about it. As usual, the news good news. Instead of doing that our ports of entry, or shut down ec- administration chose to release the in- any more, they have decided to play stasy peddling night clubs, these fine formation when no one was looking. hide and seek with the information. people risk their lives and well being And as usual, they did this hoping no Don’t like the results? Well . . . for all of us. one would notice. Given that the ma- Change the way you figure them and DEA efforts this year include Oper- jority of the press did not bother to do declare success. As with the Cheshire ation Mountain Express, which ar- more than rephrase the press release cat, pretty soon all you’re left with is rested 140 individuals in 8 cities, seized from the Department of Health and the smile. Even this little bit of sleight $8 million and 10 metric tons of Human Services, it would be hard to of hand, however, does not wholly pseudoephedrine tablets, which could figure out just what the 300-odd page work. have produced approximately 18,000 report actually said anyway. But nei- It’s really very simple. There has pounds of methamphetamine. In addi- ther the press release nor the news ac- been no significant change for the bet- tion, DEA’s Operation Tar Pit, in co- counts do justice to what is not hap- ter in the rate of past month drug use operation with the FBI, resulted in pening. What is not happening is the on this administration’s watch. More nearly 200 arrests in 12 cities and the fact that the drug use picture is not seniors graduating from high school seizure of 41 pounds of heroin. The her- getting any better. today report using drugs than in any oin ring they busted was peddling dope When it comes to drugs, the adminis- year since 1975. Almost 55 percent of to kids, many of whom died. DEA, in tration just can’t say it straight. high school seniors now report using an conjunction with State and local law It continues the trend of its incum- illegal drug before graduation. enforcement, has also aggressively dis- bency of labeling bad news or good Use of heroin among young people is mantled hundreds of clandestine meth- news and counting on the press to not on the rise. We are in the midst of a amphetamine labs that poison our look beyond the hype. In releasing the methamphetamine epidemic. If reports urban streets and rural communities. latest data, Secretary Shalala says are accurate, we are awash in Ecstasy The United States Customs Service that the report shows the continuing and its use among the young is accel- has seized over 9,000,000 Ecstasy tablets downward trend in drug use. She re- erating. The rate of illicit drug use has in the last 10 months. Ecstasy is an marked at the press conference that, increased in six out of the last seven emerging problem that affects not only ‘‘We’ve not only turned the corner— years. our large cities but many rural areas, we’re heading for home plate,’’—sug- The administration tries to hide this including my home State of Iowa. In gesting that the report shows that the fact by reporting on a decline of use addition, their Miami River operations administration has hit a home run. among 12–17-year-olds in hopes no one have resulted in the seizure of 18 ves- I’m not sure at which game Sec- will notice an increase among 18–25- sels, mostly arriving from Haiti, and retary Shalala is playing, but the most year-olds. But this is a statistical over 7,000 pounds of cocaine—a small generous interpretation is that she game. Although there is an unfortu- portion of the over 122,000 pounds of co- clearly is not reading her own reports nate trend in the onset of drug use at caine seized this fiscal year. Finally, or her staff is not telling her what’s in earlier ages, onset begins most typi- the Customs Service has seized over 1 them. She needs new glasses or new cally among 15–18-year-olds. By includ- million pounds of marijuana and over staff. Despite this happy talk, even ing the earlier years in the count, you 2,000 pounds of heroin as well, often in HHS’s own press release notes that, disguise the true rate of increase. very risky situations. ‘‘Illicit drug use among the overall Even allowing for the moment that Coast Guard successes this year in- population 12 and older remained flat.’’ the administration spin is true, how- clude a record-breaking seizure total of That may be a home run down at HHS ever, does not change the fact that over 123,000 pounds of cocaine, includ- but in plain English that means ‘‘no youthful use of drugs continues spi- ing many major cases in the Eastern change.’’ In my book, ‘‘flat’’ does not raling upwards. Pacific. This effort went forward even mean continuing a downward trend. Today’s use levels are 70 percent while still interdicting over 4,000 ille- I suppose in an election year ‘‘no higher than when this administration gal alien migrants bound for U.S. change’’ in how many people are using took office. The numbers are not get- shores. In addition, the deployment of drugs is a sign of success. Least ways, ting better. Yet, we have another re- two specially equipped interdiction that’s how this administration sees it. port and another press release touting helicopters in Operation New Frontier Or, wants you and me to see it. But victory. This is shameful and to call it had an unprecedented success rate of when you actually get down into the anything else is a sham. six seized go-fast vessels in six at- numbers, this ‘‘success’’ is not all it And just as bad, fewer kids are re- tempts. appears to be. It shares something with porting that using illicit drugs is dan- Finally, as announced last month, a the Cheshire cat—it disappears when gerous—a sure sign of future problems. joint DEA and Customs investigation— you look at it. In true Alice in Wonder- Especially at a time when we have a supported by the Coast Guard and De- land logic, down is not always not up. well-monied, aggressive legalization partment of Defense—concluded a 2 To follow Shalala’s analogy with base- campaign that this administration has year multinational case against a Co- ball, what we have here is not a home done little to counter. And this despite lombian drug transportation organiza- run but the runner rounding the bases a $200 million-a-year ad campaign tion. The result was the arrest of 43 on a foul ball. aimed at exactly these age groups that

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9564 CONGRESSIONAL RECORD — SENATE October 2, 2000 this administration touts as a success. in the last 10 months. Ecstasy is an tantly, he is a regular attender of our The most optimistic thing a recent emerging problem that affects not only meetings and hearings. His support and GAO report had to say about this our large cities but many rural areas, interest in this issue, particularly com- much-troubled effort is the hope that it including my home State of Iowa. In ing from his background as a U.S. at- might do better. addition, their Miami River operations torney, have been very helpful to the The administration also continues have resulted in the seizure of 18 ves- work of the drug caucus as well. I the game of trying to hide its record by sels, mostly arriving from Haiti, and thank him for that. lumping the increasing use figures on over 7,000 pounds of cocaine—a small f its watch with the decreasing use fig- portion of the over 122,000 pounds of co- ENERGY POLICY ures in earlier administrations. I have caine seized this fiscal year. Finally, complained repeatedly about this gim- the Customs Service has seized over 1 Mr. GRASSLEY. Mr. President, I in- mick. This is just plain deception. million pounds of marijuana and over dicate to my colleagues I will take a Mr. President, I am often critical of 2,000 pounds of heroin as well, often in few minutes to speak about the admin- this administration’s happy-go-lucky very risky situations. istration’s energy policy; however, as I ways when it comes to drug policy. The Coast Guard successes this year in- think about it, it is better to entitle it administration is like the grasshopper clude a record-breaking seizure total of the administration’s ‘‘no energy’’ pol- in the old fable. It’s out there fiddling over 123,000 pounds of cocaine, includ- icy. around when it ought to be working. ing many major cases in the Eastern Mr. President, I rise today to express That said, I do not mean this criticism Pacific. This effort went forward even my frustration and anger with the to detract from the fine work done by while still interdicting over 4,000 ille- Clinton/Gore administration’s lack of the many men and women in our law gal alien migrants bound for U.S. an energy policy. Each weekend I travel back to my enforcement agencies. These fine peo- shores. In addition, the deployment of home state of Iowa. In recent weeks I ple risk their lives every day to do im- two specially equipped interdiction have spent many hours explaining to portant and difficult work on behalf of helicopters in Operation New Frontier my constituents why fuel prices are so the public. had an unprecedented success rate of high, and unfortunately, explaining I want to take a moment to highlight six seized go-fast vessels in six at- some of the achievements and invalu- why prices will likely rise past current tempts. levels. I’ve continually had the dis- able service provided to this nation by Finally, as announced last month, a pleasure of looking truckers and farm- the men and women of the Drug En- joint DEA and Customs investigation— ers in the eye and telling them there is forcement Administration (DEA), the supported by the Coast Guard and De- U.S. Customs Service, and the U.S. no relief in sight. partment of Defense—concluded a 2- In my home state we are experi- Coast Guard. As chairman of the Sen- year multinational case against a Co- encing price levels not seen in a dec- ate Caucus on International Narcotics lombian drug transportation organiza- ade, but all I can tell my farmers and Control, I would like to express my tion. The result was the arrest of 43 truckers is that it is likely going to get thanks and make known the tremen- suspects and the seizure of nearly 25 worse. dous pride that I think we should all tons of cocaine, with a retail street In recent weeks, the price of crude oil have in the good people in these agen- value of $1 billion. Operation Journey reached more than $37 a barrel, the cies. targeted an organization that used highest price in 10 years. Natural gas is The men and women of the DEA, Cus- large commercial vessels to haul $5.10 per million Btu’s, double over a toms, and the Coast Guard are dedi- multi-ton loads of cocaine. This orga- year ago. Heating oil in Iowa is around cated to the protection of the United nization may have shipped a total of 68 $1.25 a gallon, up 40 cents from this States and to ensuring the safety of tons of cocaine to 12 countries in Eu- time last year. And propane, a critical our children and our lives from the rope and North America. fuel which farmers use to dry grain, is devastating affects of the drug trade. I believe we should all be proud of the up 55 percent since last year. They are called on daily to place their jobs these folks do on our behalf. These increases are simply unaccept- lives in harm’s way in an effort to keep Mr. SESSIONS. Will the Senator able. Iowans and the rest of the nation our nation secure. When they are yield for a comment on his previous re- should not have been subjected to these boarding smuggler’s vessels on the marks? price spikes. seas. When they stop terrorists at the Mr. GRASSLEY. I am happy to yield Unfortunately, it is the Clinton/Gore border. When they investigate nar- to the Senator. administration’s lack of an energy pol- cotics trafficking organizations around Mr. SESSIONS. I thank Senator icy over the past 71⁄2 years that have di- the globe. When they dismantle clan- GRASSLEY for speaking forthrightly rectly led to the situation we are fac- destine methamphetamine labs, engage and with integrity. He chairs our drug ing today. Mr. President, two weeks in undercover operations, safeguard caucus in the Senate. He personally ago, Vice President GORE stated, and I our ports of entry, or shut down ec- travels his State and has led efforts quote: ‘‘I will work toward the day stasy peddling night clubs, these fine against methamphetamines, Ecstacy, when we are free forever from the people risk their lives and well being and other drugs. He understands those dominance of big oil and foreign oil.’’ for all of us. issues clearly. Yet, since 1992, U.S. oil production is DEA efforts this year include Oper- He is correct; there is too much spin. down 18 percent—the lowest level since ation Mountain Express, which ar- These drugs do not justify the positive 1954. At the same time, U.S. oil con- rested 140 individuals in 8 cities, seized spin being put on them. During the ad- sumption has risen 14 percent. $8 million and 10 metric tons of ministrations of Presidents Bush and The result: U.S. dependence on for- pseudoephedrine tablets, which could Reagan, I served as a Federal pros- eign oil under the Clinton/Gore admin- have produced approximately 18,000 ecutor. According to the University of istration has increased 34 percent. We pounds of methamphetamine. In addi- Michigan Authoritative Study of Drug now depend on foreign oil cartels for 58 tion, DEA’s Operation Tar Pit, in co- Use Among High School Students, drug percent of our crude oil, compared to operation with the FBI, resulted in use fell every single year for 12 con- just 36 percent during the Arab oil em- nearly 200 arrests in 12 cities and the secutive years; it jumped after this ad- bargo of 1973. seizure of 41 pounds of heroin. The her- ministration took office. They have, in Some may be wondering how we got oin ring they busted was peddling dope fact, made a number of mistakes that here. The answer is clear. This admin- to kids, many of these kids died. DEA, have undermined the progress made. istration is opposed to the use of coal. in conjunction with State and local law I appreciate serving with Senator Opposed to nuclear energy production. enforcement, has also aggressively dis- GRASSLEY on the drug caucus and in Opposed to hydroelectric dams. Op- mantled hundreds of clandestine meth- the Judiciary Committee where we posed to new oil refineries; 36 have amphetamine labs that poison our have discussed these issues. been closed, but none has been built in urban and rural communities. Mr. GRASSLEY. I thank the Senator the past eight years. And, this adminis- The United States Customs Service from Alabama for the support he has tration is opposed to domestic oil and has seized over 9,000,000 Ecstasy tablets given to the drug caucus. Most impor- gas exploration and production.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9565 This administration opposes nearly AN ATTACK ANSWERED anything to say about it or anything to every form of domestic energy produc- Mr. HUTCHINSON. Mr. President, do about it, if it can be prevented in tion. when I was elected to the House of Rep- any way. Social Security checks will They do, however, support the use of resentatives back in 1992, I spent 2 be delivered, health care services under clean, efficient, and domestically pro- years serving in the minority—2 years; Medicare will be funded, and our Na- duced natural gas. Currently, 50 per- in 1993 and 1994—before the Republican tion’s veterans will not be left out in cent of American homes are heated victories in the 1994 elections brought the cold. with natural gas. In addition, 15 per- about the first Republican majority in That being said, we still have 11 ap- cent of our nation’s electric power is the House of Representatives in 40 propriations bills unsigned and mul- generated by natural gas. And while years. tiple unrelated issues on the table. The demand for natural gas is expected to Having now been on the majority education of our kids, prescription increase by 30 percent over the next side for 51⁄2 years, I am very appre- drugs, and a Patients’ Bill of Rights decade, the administration has not pro- ciative of the 2 years I served in the are all there, still on the table. Since vided the land access necessary to in- minority. Having had the experience of these unrelated issues seem to get crease supply. knowing what it is to be in the minor- tossed around a great deal, let me talk As this map demonstrates, federal ity, to have the agenda set by the ma- about them plainly for a few minutes lands in the Rocky Mountains and the jority side, to have the frustration of and why the minority continues to in- Gulf of Mexico, along with offshore having vote after vote in which you sist on their passage by holding up our areas in the Atlantic and the Pacific, come up on the short end, is important. Nation’s spending bills. contain over 200 trillion cubic feet of I think it helps me in understanding First of all, in the area of education, natural gas. Access to this land could the frustrations the other side has ex- the other side maintains that we are provide the resources necessary to perienced. It also helps me understand not having a debate on education in meet current demand for nearly ten now, being in the majority, how hard it the 106th Congress. I suggest that the years. is to lead and to govern. other side of the aisle doesn’t really Unfortunately, this land and millions I remember in those first 2 years, we want a bill; they want an issue. They of acres of forest are either closed to were pretty organized in lobbing criti- say that unless we vote for their few exploration or effectively off limits. cisms and lobbing objections and in education proposals, which, by the Simply put, our nation’s producers presenting our agenda to the American way, would concentrate even more can’t meet demand without greater ac- people. We didn’t have to worry about power in the Department of Education, cess to the resources God gave us. legislating. We didn’t have to worry we are not having a debate on edu- I am a strong supporter of alter- about passing anything. We didn’t have cation. I think that is not fair, and it native and renewable energy. I have the votes to do that. But we could do a is not accurate. During the 106th Congress, we have been a leader in the Senate in pro- lot in framing the debate. already voted six times on the class moting alternative energy sources as a As we approach the end of this ses- size reduction initiative. Six times we way of protecting our environment and sion, it is much easier to criticize in have all been called upon to cast our increasing our energy independence. the minority than to govern in the ma- vote, to go on the record, even though My support for expanding the produc- jority. It is easy to say no; it is easy to that has been misconstrued and mis- tion of ethanol, wind and biomass en- find even the slightest flaw with a leg- represented to the American people. ergy has directly led to the increased islative proposal as a rationale for op- We have been willing to debate it. We use of these abundant renewable en- posing it and blocking it. When you are have been willing to cast votes a half ergy resources. But right now, these in the majority, the job of calling up dozen times during this Congress alone. are only part of the solution, and tough bills, debating the very tough issues, taking the very tough votes, As my distinguished colleague from President Clinton and Vice President Alabama pointed out, the Department GORE know that. that is what governing is about. That is why I have come to the floor of Education has failed to pass an audit The administration does not have a this afternoon. I believe an attack un- for 3 years in a row. They can’t even plan to deal with our current energy answered is an attack assumed. account for how the money is being needs. I believe the solution is clear. Last week, Senator BYRD, for whom I spent currently. So it is not unreason- It is time to support and encourage have the greatest admiration, came to able that many of us have reservations responsible resource development— the floor and noted that few Members in giving them more power and more using our best technology to protect in this body have ever witnessed how authority in the area of school con- our environment—to increase domestic the Senate is really supposed to func- struction and the hiring of 100,000 new energy production. It is time to make tion. I concur with that; I agree en- teachers. use of the vast resources this great tirely. I believe it takes a commit- According to the Congressional Daily country has to offer. Only then will we ment, a commitment from both sides of Monitor, a press conference was held be free from so much dependence on the aisle to complete our appropria- recently with Treasury Secretary foreign sources of energy. tions obligations in a timely fashion Larry Summers and Education Sec- I yield the floor. and to ensure the Senate is governing retary Dick Riley, ‘‘demanding that The PRESIDING OFFICER. The Sen- and functioning the way it is supposed Republicans accept their positions.’’ So ator from Alabama. to. after voting six times against the class Mr. SESSIONS. Mr. President, I ex- The fact is, there are a number of size reduction initiative in the Senate, press my appreciation to Senator Senators who don’t seem to want bills you would think the attitude would not GRASSLEY for his wise remarks about signed into law but who want issues. be their way is the only way. Our side our energy policy. Certainly natural Why? Because it is easier to demagogue of the aisle has been more than accom- gas is the cleanest burning of our fossil an issue than it is to legislate an issue. modating in providing funding that fuels. We will need it more and more So who gets left holding the buck? Who was reserved for class size reduction. In because every electric powerplant that gets the blame if legislation, for any the fiscal year 2001 Labor-HHS appro- is being built is a natural gas plant. reason, does not pass? It is clearly the priations bill, Republicans have appro- The Senator makes an outstanding and majority in the Congress who will get priated the $1.3 billion for class size re- valuable point that we have to do a blamed if the Government shuts down, duction in the title VI State grant so better job of producing more. as we have already found out. It is that schools who want to use the fund- (The remarks of Mr. SESSIONS and those who are in the majority in Con- ing for this initiative are able to do so. Mr. HUTCHINSON pertaining to the in- gress, clearly, who get the blame. But schools that have already achieved troduction of S. 3143 are located in to- In terms of another Government the goal of class size reduction or have day’s RECORD under ‘‘Statements on In- shutdown, I assure the American peo- more pressing problems can use the troduced Bills and Joint Resolutions.’’) ple and my colleagues that despite any funding for other priority items such The PRESIDING OFFICER. The Sen- dispute over issues pending, the Gov- as professional development or new ator from Arkansas. ernment will not shut down if we have textbooks.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9566 CONGRESSIONAL RECORD — SENATE October 2, 2000 One would think that is a reasonable, The PRESIDING OFFICER. Without could have prevented the fatalities acceptable compromise, a middle objection, it is so ordered. that resulted in the recent recall of ground. But instead, we hear the other Mr. HUTCHINSON. I know Senator millions of Bridgestone/Firestone tires. side saying: It is our way or no way. We MCCAIN is waiting. I appreciate very The key provisions of the bill would are going to block the appropriations much his graciousness. insure that NHTSA has the informa- bills unless you do it exactly the way The fact is, while Senator DURBIN tion that it needs from manufacturers we want it. They contend, again, unless made that comment, every State does to make sound decisions, including in- we are voting for class size reduction, have a Medicaid program that offers formation about recalls in foreign we are avoiding the issue of education, prescription drugs today. In addition, countries. This legislation would in- even though we have already voted on they have State employee drug pro- crease penalties to deter manufactur- class size reduction six times in this grams already in existence. These pro- ers from withholding valuable informa- Congress. grams are separate from the State tion about recalls and establish appro- The Democrats considered bringing pharmaceutical assistance programs, priate penalties for the most egregious this issue up again in the HELP Com- of which 25 currently exist. So Senator actions that place consumers in dan- mittee just last week as an amendment DURBIN’s argument is unfair and un- ger. It would also require NHTSA to to a bipartisan bill to fully fund the justified because the money given to upgrade the Federal motor vehicle IDEA program. If a debate on edu- the States is not required to be used to safety standard for tires, which has not cation is what the other side really only start a new pharmaceutical assist- been updated since its adoption more wants, then why did they object to ance program. than 30 years ago. multiple unanimous consent requests They can be used to expand the exist- It is my understanding that a few on the reauthorization of the Elemen- ing Medicaid drug programs. So Gov- Members have placed holds on this bill tary and Secondary Education Act to ernor Bush’s helping hand drug plan for various reasons—I think there are keep the debate on education? provides greater assistance to low-in- two—including opposition to the inclu- The ESEA debate was moving along come seniors, and provides it now, sion of criminal penalties for violating very well on the Senate floor. There while Vice President GORE’s plan re- motor vehicle safety standards. Clear- was a consensus that only a few quires an 8-year phase-in for those drug ly, each member is entitled to place a amendments should be offered and they benefits. So I suggest that we are get- hold on measures to which they object, should be germane. They should relate ting a lot of demagogy. but I hope that members can under- to education. But then on the other The Patients’ Bill of Rights is the stand the importance of acting on the side of the aisle there were those who final issue I wanted to talk about, but key provisions of this bill before Con- objected to those agreements to keep I will reserve that for another time. I gress adjourns. the debate limited to education. I know will say this, and say it clearly: We The criminal penalties provision in that I and my colleagues on this side of have an active conference that has this bill have been the subject of much aisle would be more than willing to re- been working, and working hard. We discussion. The provision is intended to turn to S. 2, the reauthorization of this had numerous votes on the Patients’ allow for the assessment of criminal critical elementary and secondary edu- Bill of Rights. We had endless amend- penalties in instances where a manu- cation bill, to debate education, if we ments in the committee on the Pa- facturer’s conduct is so egregious as to would simply have that agreement to tients’ Bill of Rights. To suggest this render civil penalties meaningless. An limit the amendments not to every- isn’t a deliberative body, as the Demo- article in this week’s Business Week, thing under the sun, not to prescrip- cratic leader suggested last week, is addresses the application of criminal tion drugs and a Patients’ Bill of unfair. This issue has been debated, penalties to such conduct. It reports Rights and minimum wage and every- and debated thoroughly. It is the that ‘‘prosecutors have been waking up thing else, but to limit that debate to Democrats who stifled the debate by to the fact that criminal sanctions education. walking out on the conference in the may be a more effective deterrent and I am not going to allow Members on spring. We can still have a Patients’ punishment than the worst civil pen- the other side of the aisle to have it Bill of Rights enacted if we have co- alties.’’ Furthermore, a criminal pen- both ways. You claim that we are not operation. There are two sides to every alties provision is not a novel inclu- dealing with education and then object story, and both should be told. Let’s sion. Multiple agencies are authorized to agreements to keep education de- not allow two competing agendas to to assess criminal penalties, including, bates on education bills. I suggest you prevent us from getting our work done among others, the Department of are looking for an issue, not the pas- on the spending bills. They are too im- Labor, the Consumer Product Safety sage of legislation. portant. Commission, and the Environmental Then on the issue of prescription I yield the floor. Protection Agency. drugs, my distinguished colleague from The PRESIDING OFFICER. The Sen- Already, NHTSA has linked more Illinois, Senator DURBIN, last week—I ator from Arizona is recognized. than 100 deaths to these tire failures. had the opportunity to preside as he Mr. MCCAIN. Mr. President, I ask Last week, NHTSA announced that made this speech, but I want to quote unanimous consent to speak as in other models of Bridgestone/Firestone him—said: morning business. tires may be defective as well. We must act quickly to correct the problems On the other side, they make a proposal The PRESIDING OFFICER. Without which sounds good but just will not work. objection, it is so ordered. that could lead to further loss of life. Under Governor Bush’s proposal on prescrip- f As I have repeated throughout the tion drugs, he asserts for 4 years we will let process, I am willing to work with my MOTOR VEHICLE AND MOTOR VE- the States handle it. There are fewer than 20 colleagues to address their concerns so States that have any drug benefits. Illinois HICLE EQUIPMENT DEFECT NO- that this vital legislation may be is one of them, I might say. His home State TIFICATION IMPROVEMENT ACT passed prior to the adjournment of this of Texas has none. But he says let the States Mr. MCCAIN. Mr. President, first I Congress. handle it for 4 years. Let them work it out. want to discuss an issue that is of In summary, more than 100 people In my home State of Illinois, I am glad we sometimes importance, the Motor Ve- have it, but it certainly is not a system that have died. It is clear that we need this one would recommend for the country. Our hicle and Motor Vehicle Equipment De- legislation. It is supported by the ad- system of helping to pay for prescription fect Notification Improvement Act. ministration and by every consumer drugs for seniors applies to certain illnesses Last week, the Commerce Committee group in America. It passed through and certain drugs. If you happen to be an un- reported S. 3059, the Motor Vehicle and the Commerce Committee unani- fortunate person without that kind of cov- Motor Vehicle Equipment Defect Noti- mously. I intend to come to the floor erage and protection, you are on your own. fication Improvement Act. The bill is and ask that we consider this piece of The PRESIDING OFFICER (Mr. BUN- in response to the systemic failure of legislation. NING). The Senator’s time has expired. the National Highway Traffic Safety I expect those who are putting a hold Mr. HUTCHINSON. I ask unanimous Administration and the motor vehicle on this bill to come forward and give consent for 5 additional minutes. industry to share information that their reasons for putting a hold on this

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9567 very important safety bill. We are object to speeding through appropria- now become a largesse take-home prize talking about the lives of our citizens. tions bills without adequate review by for many Members. Numerous ear- This is a serious issue. That is why I all Members. I object to the callous marks are provided for such projects intend to come to the floor again and fashion which we disregard our na- that, while on its own merit may not ask that we move the bill. I hope those tional interests in favor of pet projects. be objectionable, were not included in Senators who object will come forward Some of my colleagues have said that the budget request or tacked on with- and state their objections or remove the pork doesn’t really matter much in out any review by either the Senate or their so-called holds on the bill. these spending bills because it’s not a the House. f lot of money. But, Mr. President, add- For example, within this final agree- ing billions more in pork barrel spend- ment, nearly 250 earmarks are added CONFERENCE REPORT FOR EN- ing is a lot of money to me and to the for individual Army Corps projects ERGY AND WATER APPROPRIA- millions of American taxpayers who which are clearly not included in the TIONS FOR FISCAL YEAR 2001 are footing the bill for this spending budget request, and, more than 150 Mr. MCCAIN. Mr. President, this free-for-all. Army Corps projects were given addi- year’s energy and water appropriations While America’s attention has been tional amounts about the budget re- bill is very critical, particularly at a focused on the Olympic games in Syd- quest. time when our Nation is facing rising ney, Australia, our constituents back The inconsistency between the ad- gas and energy prices, national secu- home may be interested to know that a ministration’s request, which is re- rity disasters at federal facilities, and gold medal performance is taking place sponsible for carrying out these massive backlogs to complete multi- in their own government. If gold med- projects, and the views of the appropri- million projects for water infrastruc- als were awarded for pork-barrel spend- ators on just how much funding should ture. That is why I am utterly dis- ing, then the budget negotiators would be dedicated to a project, is troubling. appointed that the final agreement for all be gleaming in gold from their As a result, various other projects that this bill blatantly disregards these na- award-winning spending spree. may be equally deserving or higher in tional priorities in favor of special in- However, I doubt many Americans priority do not receive an appropriate terests giveaways. would be appreciative if they knew amount of funding, or none at all. Mr. President, approving the annual that this spending spree will be at their This year’s budget for Army Corps budget is among our most serious re- expense with money that should be set has been inflated to $4.5 billion in fund- sponsibilities. We are the trustees of aside to provide tax relief to American ing for local projects. Yet, we have no billions of taxpayer dollars, and we families, shore up Social Security and way of knowing whether, at best, all or should evaluate every spending deci- Medicare, or pay down the federal debt. part of this $4.5 billion should have The figures speak for themselves. sion with great deliberation and with- been spent on different projects with Again, this year’s grand pork total is out prejudice. greater national need or, at worst, close to $400 million more than the Unfortunately, each year, I am con- should not have been spent at all. amount from last year’s bill and more stantly amazed how the appropriators There’s no doubt we should end the than three times the amount included find new ways to violate budget policy. practice of earmarking projects for in the recent Senate passed bill. Appropriators have employed every Unless I am grievously mistaken, I funding based on political clout and sidestepping method in the book to cir- was under the distinct and very clear focus our resources in a more practical cumvent Senate rules and common understanding that the purpose of Sen- way, instead, on those areas with the budget principles that are supposed to ate-House appropriations conferences greatest need nation-wide. strictly guide the appropriations proc- are to resolve differences only between Other earmarks are rampant in this ess. The excessive fodder and trickery the two versions and make tough deci- bill that appear that are clearly de- have never been greater, resulting in sions to determine what stays in the monstrative of wasteful spending at the shameless waste of millions of tax- final agreement. As a rule, no new the expense of taxpayers: payer dollars. This final report is no spending could be added. An earmark of $20 million was added exception. The rules are flung out the window in during conference, without previous This year’s final agreement for the once again. The overall total budget consideration by either the House or energy and water appropriations bill is for this year’s conference agreement Senate, for an unauthorized project in only a minor reflection of the previous has been fattened up by as much as $2 California, the CALFED Bay-Delta res- Senate-passed bill. billion more than the House bill, and toration project. Certainly, I have no A grand total of $1.2 billion is added about a billion more than both the objections to restoring the ecological in pork-barrel spending, a figure that is amount included in the Senate-passed health of the Bay Delta area, however, three times the amount from the Sen- bill and the amount requested by the any amount of funding for unauthor- ate-passed bill and about $400 million administration. ized projects flies in the face of com- more than the amount of last year’s Let me give this to you straight. You ments by the managers who pledged total. I have twenty-one pages of pork- have a certain amount passed by the not to fund unauthorized projects. barrel spending found in this report. Senate and a certain amount by the Also, $400,000 is earmarked for aquat- An additional $214 million is provided House. They are supposed to go to con- ic weed control in Lake Champlain, for designated ‘‘emergency’’ spending. ference and reconcile their differences. Vermont. This particular earmark has The latest epidemic here as we ap- Instead of that, we add billions of dol- resurfaced in appropriations bills for at proach the appropriations issue, in lars in conference, and neither Senate least the past three years and it ap- order to avoid any budget restraints nor House Members, nor members of pears a bit preposterous that we con- that may be remaining—and there are the Appropriations Committee have a tinually fund a project such as this on few—is the designation of ‘‘emergency voice or a vote. That is disgraceful— an annual basis which has nebulous im- spending.’’ disgraceful. pacts on our nation’s energy and secu- Explicit directives are included for Each year, appropriators employ new rity needs. favorable consideration of special in- spending tricks to avoid sticking to al- An earmark of $800,000 is provided to terest projects; and more than 30 policy locations in the budget resolution. It continue work on ‘‘a detailed project riders are added in to conveniently has become quite clear that these report’’ for a project in Buchanan sidestep a fair and deliberative legisla- closed-door conferences, which no County, Virginia. Government spend- tive review. other Member can participate in or ing is truly getting out of control if I rise today to tell my colleagues have any voting privileges, is simply nearly a million dollars is necessary that I object. another opportunity for members to simply to compile a report. I object to the $1.2 billion in directed take another trip to the trough to add Another earmark of $250,000 is in- earmarks for special interest projects in millions previously unconsidered for cluded for a ‘study’ of drainage prob- in this bill. I object to sidestepping the individual member projects. lems in the Winchester, Kentucky area. legislative process by attaching erro- What was described earlier in the Granted, I do not object to trying to fix neous riders to an appropriations bill. I Senate this year as a ‘‘modest’’ bill has any water problems facing any local

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9568 CONGRESSIONAL RECORD — SENATE October 2, 2000 community, but is a quarter of a mil- ly in this bill. I am very disappointed by the rush to drain the taxpayers’ lion really necessary to only study the to see that the Appalachian Regional pockets and deplete the budget surplus. problem and not fix it? Commission will not only be funded At the end of the day, special inter- More padded spending includes again this year, but it is also the re- ests win and the taxpayers lose. It’s a $150,000 to determine what the ‘‘federal cipient of an ‘‘emergency appropria- broken record that the American peo- interest’’ is for a project in south- tion’’ of $11 million. ple are tired of listening to. eastern Pennsylvania. Why is $150,000 My dear friends, the Appalachian I will vote against this bill and any necessary to determine if the federal Commission was established as a tem- other appropriations bill that so fla- government should care about a spe- porary commission in 1965. Somehow grantly disregards our fiscal responsi- cific project? Dozens of earmarks like this year it needs to be the recipient of bility and violates the trust of the this one, in the hundreds of thousands $11 million for ‘‘emergency appropria- American people. each, are riddled throughout this con- tions.’’ My curiosity is aroused as to Today’s Wall Street Journal article ference report without any explanation what the emergency is at the Appa- by David Rogers is a very enlightening as to why such high amounts of fund- lachian Regional Commission. This one, in case some of my colleagues and ing are justifiable. commission was established as a tem- friends have not read it. Among the worst pork in this bill are porary commission in 1965, but has In the scramble to wrap up budget negotia- earmarks that will benefit the ethanol managed to hook itself into the annual tions, Congress could overshoot the Repub- industry, a fiscal boondoggle industry appropriations spending spree to ex- licans’ spending target for this fiscal year by tend its so-called temporary life to 35 $35 billion to $45 billion. that already reaps substantial benefits The willingness to spend reflects a new from existing federal subsidies at the years. This program singles out one re- synergy between President Clinton, eager to expense of taxpayers. It is a blatant in- gion for special economic development cement his legacy, and the GOP leadership, sult to taxpayers to ask them to sup- grants when the rest of the nation has increasingly worried about losing seats in plement the ethanol industry even to rely on their share of community de- November and more disposed to use govern- more by spending $600,000 for ethanol velopment block grant and loans. ment dollars to shore up candidates. While production at the University of Louis- Certainly, the Appalachian region the largest increases are in areas popular ville, and $2,000,000 for the design and does not have a monopoly on poor, de- with voters—education, medical and science pressed communities in need of assist- research, land conservation, veterans’ care construction of a demonstration facil- and the military—the bargaining invites ity for regional biomass ethanol manu- ance. I know that in my own state, de- pork-barrel politics on a grand scale, with facturing in southeast Alaska. spite the high standard of living en- top Republicans leading the way. My colleagues will note that each of joyed in many areas, some commu- Just this weekend, for example, a bidding these earmarks have a specific geo- nities are extremely poor and have war escalated over highway and transit graphic location or institution associ- long been without running water or projects that are part of the transportation ated with them. Is there another orga- sanitation. It would be more cost-bene- budget to be negotiated this week. House nization besides the one proposed in ficial to provide direct assistance to Speaker Dennis Hastert of Illinois opened impacted communities, again based on the door by asking to add legislative lan- southeast Alaska that could design and guage to expedite the distribution of about construct a demonstration facility for national priority, rather than spending $850 million for Chicago-area transit regional biomass ethanol manufac- millions each year for a commission projects. While the Hastert amendment turing? which may have outlived its purpose. wouldn’t add directly to next year’s costs, it A similar earmark of $2 million is in- Again, I remind my colleagues that I became an excuse for others to pile on. cluded for this specific Alaskan eth- do not object to these projects based on The Virginia delegation jumped in early, anol manufacturing facility in the In- their merit nor do I intend to belittle winning the promise of $600 million to help terior appropriations bill this year. So the importance of specific projects to pay for a bridge over the Potomac River. By local communities. However, it is no late Friday night, dozens of projects for both they have $4 million for one specific political parties were being added. House spot without any authorization and surprise that many of these earmarks Transportation Committee Chairman Bud without any discussion. are included for political glamour rath- Shuster laid claim to millions for his home There is $4.5 million for the removal er than practical purposes. Members state of Pennsylvania. Mississippi, home of of aquatic growth in Florida, which is can go back to their districts to rally Senate Majority Leader Trent Lott, is in the about $1.2 million higher than the in public parades, trying to win favor running for funds in the range of $100 mil- budget request; by bringing home the bacon. lion. In all, the price tag for the extras tops An additional $250,000 for the Texas The House of Representatives passed $1.6 billion. this conference report last Friday by a The whole enterprise, which could yet col- Investigations Program, for which no lapse under its own weight, dramatizes a explanation is provided as to what con- majority margin, despite the fact that breakdown in discipline in these last weeks stitutes an ‘‘investigations’’ program; most of the voting Members did not before the November elections. In the spring, $2,000,000 for the multi-year dem- have adequate time, if any at all, to re- the GOP set a spending cap of $600 billion for onstration of an underground mining view the contents of this report. This is the fiscal year that began yesterday—a num- locomotive and an earth loader pow- another appalling demonstration to the ber that was never considered realistic po- ered by hydrogen in Nevada; American public of the egregious viola- litically. And, $3,000,000 to establish a program tion of one of our most sacred duties— After devoting long summer nights to de- bating cuts from Mr. Clinton’s $626 billion the University of Nevada-Las Vegas for ensuring the proper use of taxpayer budget, Republicans will end up appro- Department-wide management of elec- dollars. How can we make sound policy priating significantly more than that. If tronic records. and budget decisions with this type of total appropriations rise to between $635 bil- Get this, all of my colleageus who budget steam-rolling? lion and $645 billion or even higher, as the have a college or university in their I know I speak for many hardworking numbers indicate, the ripple effect will pare State: $3 million at the University of Americans when I express my hope for surplus estimates by hundreds of billions of Nevada Las Vegas for department-wide reform in the way the Congress con- dollars over the next 10 years. management of electronic records; ducts the business of the people so that I cannot overemphasize the impor- $2,000,000 for the Discovery Science we might reclaim the faith and con- tance of this. We have the rosy sce- Center in Orange County, California; fidence of those we are sworn to serve. nario of a multitrillion dollar surplus $2,000,000 for the Livingston Digital Yet, we are mired in another yearly in the years ahead, and if we keep Millennium Center at Tulane Univer- ritual of budget chaos. Sadly, the only spending this kind of money, every- sity; and message that we send to the American body knows that the surplus will dis- $2,000,000 for modernization upgrades public is that our budgetary process is appear. There is an open and honest de- at the University of South Carolina. at an all-time low. bate as to whether we should have tax How are any of these earmarks di- Unfortunately, this may be only a cuts or whether we should save Social rectly related to the national security foreboding of what is to come at this Security, Medicare, or pay down the and energy interests of our nation? end of year final budget negotiations. debt. We are not going to be able to do Also, the tactic of using the ‘‘emer- The end-of-year rush to complete the any of it if we are spending this kind of gency funding’’ stigma returns strong- fiscal year 2001 budget is outpaced only money. I was told by a Member not

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9569 long ago that if we agree to what is NATIONAL ENERGY SECURITY ACT from a low of about $11 per barrel of presently the overspending in this OF 2000—MOTION TO PROCEED— crude oil to a high late last month of budget, it could mean as much as $430 Resumed $38? The reason is somebody else is set- billion out of the surplus in the next The PRESIDING OFFICER. The ting the price by creating either a scar- few years. clerk will report the motion to pro- city of supply or by the appearance Both an $18.9 billion natural-resources bill ceed. that there would be a scarcity of sup- and a $23.6 billion measure that funds energy The assistant legislative clerk read ply. It is not American producers con- and water programs are expected to be sent as follows: trolling prices and supply, it is foreign to the White House, and the transportation A bill (S. 2557) to protect the energy secu- producer countries. bill soon could follow. The Republican lead- rity of the United States and decrease Amer- The items we do control in the mar- ership believes it has reached a compromise ica’s dependence on the foreign oil source to ketplace are demand and supplies we to free up the measure funding the Treasury 50 percent by the year 2010 by enhancing the and the operations of the White House and might be able to produce from our own use of renewable energy resources, con- Capitol. resources. Natural was selling for $2 That still leaves the heart of the domestic serving energy resources, improving energy per 1,000 cubic feet last year, just a budget—massive bills funding education, efficiencies, and increasing domestic energy year ago, and on Friday of last week health, housing and environmental pro- supplies, mitigating the effect of increases in energy prices on the American consumer, in- natural gas was selling for $5.20 for grams. Negotiations on those bills are hov- every 1,000 cubic feet. That is better ering near or even above the president’s cluding the poor and the elderly, and for other purposes. than a doubling of that price. spending requests. As winter approaches, Americans The natural-resources bill agreed to last The PRESIDING OFFICER. The Sen- week illustrates the steady cost escalation: ator from Idaho. likely will face the highest energy The $18.9 billion price tag is about $4 billion Mr. CRAIG. Has there been a time prices ever. Let me say that again. As over the bill passed by the House in June. agreement on the legislation just pro- the winter approaches, Americans are In a landmark commitment to conserva- posed? going to awaken to the highest energy tion, the legislation would devote as much as The PRESIDING OFFICER. We have prices they have ever paid. If the win- $12 billion during the next six years, mainly ter is colder than usual, energy prices to buy lands and wildlife habitat threatened until 5:30 when we have a scheduled vote on another matter. will be even higher. by development. As the annual commitment Electricity prices will move right grows from $1.6 billion to $2.4 billion in 2006, Mr. CRAIG. Mr. President, I will con- more and more dollars would go for sorely sume up to 15 minutes of time in rela- along with gas and oil because many of needed maintenance work in the nation’s tion to the energy issue. the electrical-generating facilities of parks. The PRESIDING OFFICER. The Sen- our country are fueled by natural gas. Regarding the national parks, that is ator is recognized. While petroleum and natural gas sup- something with which I don’t disagree. Mr. CRAIG. Mr. President, I came to plies appear to be adequate, no one can I have suggested from time to time the floor to speak on this important doubt that the supply and demand for when my colleagues say there is noth- issue before the Senate and to talk crude oil, natural gas, and other energy ing we can do because the President once again to my colleagues about sources is very tight, resulting in in- has the leverage over us in order to what I believe to be the dark cloud of creased prices for these commodities. shut down the Government for which a national emergency. The American While many observers believe supplies we would get the blame, if just once, consumer has begun to detect a prob- of oil and natural gas will be sufficient with one appropriations bill, just one, lem because the price of gasoline at the to meet our needs in the coming we could send to the President a bill pump has gone up 25 or 30 percent in months, I am concerned these impor- that doesn’t have a single earmark, the last year. When they begin to pay tant resources will likely remain in have a single legislative rider on it, their home heating bills this winter, I very short supply and, therefore, will then we would go into negotiations of think they will recognize where the be very costly to the American con- the issue with the President with clean problem lies. sumer. hands. When we add billions in pork We have had the President and the I believe, and I mean this most sin- barrel spending on our appropriations Vice President trying to position them- cerely, as a member of the Senate En- bills and then go into negotiations selves politically over the last month ergy Committee who for the last 10 with the President, there is no dif- and a half on energy because of the years has tried to move policy and has ference except in priorities. It is wrong. spike in prices, but frankly they have seen this administration either say I have been spending a lot of time articulated little. Now just in the last ‘‘no’’ by the veto or ‘‘no’’ by the budg- campaigning around the country for week we have had the Vice President et, I sincerely believe the Clinton-Gore candidates for the House and for the present an energy policy for the coun- administration, by its failure to Senate, and for our candidate for Presi- try, and we have had Governor George produce a national energy policy, is dent, my party’s candidate for Presi- Bush talking about an energy policy risking a slowdown, perhaps even a dent and Vice President of the United that he would propose. downturn, in this economy. States. I can tell my colleagues, clear- Here is why these things are hap- Some expect energy prices to remain ly the American people have it figured pening. Finally, I hope, the American high throughout the first quarter of out. They don’t like it. They want this people are beginning to focus on the 2001, above $30 a barrel for oil and as practice to stop. They want us to fulfill very critical state of the availability of high as $4 per thousand cubic feet for a promise we made in 1994 when we energy in this country, to run the natural gas. If this is true and that asked them and they gave us the ma- economy, to make the country work, cost ripples through the economy, then jorities in both Houses of Congress. turn the lights on, move our cars, and they—and by ‘‘they’’ I mean the Clin- Mr. President, this appropriations do all that it takes to run an economy ton administration—are truly risking a pork barreling has got to stop. I intend based on a heavy use of energy. slowdown in the economy. This means to come to the floor with every bill, We are now importing between 56 to Americans will be paying more than and if it keeps on, I will then take ad- 58 percent of our crude oil needs. Some $1.50 per gallon of gas and perhaps ditional measures. We all know what is will remember that during the era of twice as much as they paid for residen- coming up: The train wreck. If it is as the oil embargo of the mid-1970s we tial natural gas use last year. Driving, much as $45 billion more then our were only importing 35 percent of our heating homes, providing services and original $600 billion spending cap, I am needs. Even at that time there were manufacturing goods will be much, not sure how such action is justified. gas lines and fighting at the gas pumps much more expensive under this new I yield the floor. because American consumers were high-cost energy economy. f frustrated over the cost of gas. What I It is not only the price at the pump am saying, America, is we no longer you worry about anymore; it is the CONCLUSION OF MORNING control our energy availability, our en- plastics; it is the supply of goods; it is BUSINESS ergy supplies, our energy needs. everything within our economy that is The PRESIDING OFFICER. Morning Is it any wonder why prices have made of the hydrocarbons that will go business is closed. more than tripled in the last 2 years up in price. Since energy costs are

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9570 CONGRESSIONAL RECORD — SENATE October 2, 2000 factored into the cost of all goods and has publicly taken credit for negoti- ligent, responsible, and environ- services, we can expect food, appli- ating this document. mentally sound way. ances, clothing—essentially every- I don’t think you hear him talking Were we to produce oil from the Arc- thing—to become more expensive. As much about it today. He is a bit of a tic National Wildlife Refuge, we could these costs rise, the amount of capital born-again gas and oil user of in last produce up to 1.5 million barrels of oil available for investment automatically couple of weeks. But clearly for the a day. Some say that will destroy the begins to decline, pulling the economy last 8 years that is all he has talked refuge. Envision the refuge in your down along with it. As we devote more about, his Kyoto Protocol, penalizing mind as a spot on a map, and compare of our money to the daily need for en- the user nations to try to get them to it to putting a pencil point down on the ergy, we have less to spend on the use less energy, all in the name of the map of the United States. The impact goods and services that we need, the environment. The protocol could result of that pencil point on the map of the goods and services that have fired our in a cost of nearly $240 per ton of car- United States is the same impact as economy. As budgets shrink, con- bon emissions reduction. drilling for oil in the Arctic National sumers will be forced to make hard What does that mean to the average Wildlife Refuge. choices. If we have to spend 10 or 15 consumer out there who might be lis- Shame on you, Mr. President, for percent more of our income to fill up tening? This results in a higher cost of vetoing that legislation a few years the tank or to buy the services and oil and gas and coal. What would it ago. If you had not, we might have 1.5 goods that are energy intensive, then, mean? About a 4-percent reduction in million barrels of additional crude oil a of course, we will have less money to the gross domestic product of this day flowing into our markets for 30- spend elsewhere. country. If we raise the cost of those some years. We would not have to beg We are in this undesirable position three items—oil, gas, and coal then we at the throne of OPEC. We would not not because we are short on energy re- will drive down the economy 4-percent. have to go to them with our tin cup, sources such as oil, natural gas, or Simply translated, that means thou- saying: Would you please give us a lit- coal; we are here because this adminis- sands and thousands of U.S. jobs would tle more oil? Your high prices are hurt- tration, in my opinion, has deliberately be lost and our strong economy weak- ing our economy. tried to drive us away from these en- ened. Yet the Vice President takes The President was not listening in ergy sources. Look at their budgets credit for flying to Tokyo and getting 1995 when he vetoed that legislation. and look at their policy over the last 8 directly involved in the negotiations of Other oil and gas resources can come years. AL GORE himself has spoken the Kyoto Protocol. This is AL GORE’s from production from the Federal openly about how much he hates fossil document. Yet he talks very little bit Outer Continental Shelf and from on- fuels, how he wants to force the U.S. about it today. shore Federal lands in the Rocky off fossil fuels no matter the cost. He Why is this administration so whole- Mountain front. The abundance of our has proposed many times to do so. heartedly committed to forcing us to crude oil and the abundance of our gas Twice in the last 8 years the Clinton- stop using fossil fuels at almost any is phenomenal. Yet, a year ago, in the Gore administration has tried to drive cost? Because they buy into the notion northeastern part of the United States up the cost of conventional fuels. Isn’t that our economic success has been at in New Hampshire, AL GORE, now a that interesting? Just in the last few the expense of the world’s environ- candidate for President of the United weeks they have been trying to drive ment. I do not buy into that argument. States, said he would stop all drilling. down the costs by releasing crude oil I think quite the opposite is true. I be- He does not want us to drill anywhere, from the Strategic Petroleum Reserve lieve our success has benefited the and he would do it in the name of the into our market, but for the last 8 world. Our technology is the tech- environment. years it has been quite the opposite. nology that the rest of the world wants These resources can be obtained America, are you listening? Are you today to clean up their environment, today, under the new technologies we observing? Why this change of heart? to make their air cleaner, to make have, with little to no environmental Why this change of personality? their water more pure. It is not in spite impact. When we have finished, if any First, Clinton and GORE proposed a of us; it is because of us that the world damage has occurred, we clean it up, Btu tax, which the Republican Con- has an opportunity today, through the we rehabilitate it, and the footprint gress defeated. They had to settle for a use of our technology, to make the that was made at the time of develop- 4.3-cent gas tax. The Republicans in world a cleaner place to live. ment is hardly noticeable. That is what every way tried to resolve that and to The challenge now is to ensure we go we can do today. eliminate it, but that was how they on in the production of these tech- There is no question that the road to spread it into the market. They took nologies through the growth and the less reliance on oil, natural gas, and that and said: We are not going to use strength of our economy so we can pass coal is a responsible one, but it is a it for highway transportation as we these technologies through to devel- long one. You do not shut it off over- have historically done. We want it for oping nations so they can use them, night without damaging an economy deficit reduction. whether it be for their energy re- and frustrating a people. During debate on the Btu tax, the ad- sources or whether it is simply to cre- We have these resources, and they ministration admitted that its intent ate greater levels of efficiency, and a are in abundance. We ought to be pro- was to encourage conservation, or dis- cleaner economy for their people. ducing them at relatively inexpensive courage use, and therefore cause us to The message to Vice President GORE cost to the American consumer while move more toward renewable energy is don’t shut us down. Let us work. Let we are investing in better photovoltaic sources by dramatically increasing the us develop. Let us use the technologies and solar technologies and biomass, cost of conventional fuels. In other we have and expand upon them. You wind, and all of the other things that words, tax America away from gasoline don’t do that through the absence of can help in the total package for en- and oil. energy. You don’t do that with 2,300 ergy. Next, the Clinton-Gore administra- windmills spread across the Rocky The problem is simply this: This ad- tion designed the Kyoto Protocol. We Mountain front. You do that by the use ministration stopped us from pro- all know about that. That is the great of what you have, to be used wisely and ducing additional energy supplies at a international agreement that will cool hopefully efficiently at the least cost time of unprecedented growth in our the country, cool the world down be- to provide the greatest amount of en- economy. Of course, that economy has cause the Administration asserts that ergy that you can to the economy. been based on the abundance and rel- the world is warming due to the use of To ensure that we all succeed, we atively low costs of energy. fossil fuels. They said it is necessary must pay attention to our strengths. Creating punitive regulatory de- that we do it, critically important that The United States has an abundant mands, such as the Btu tax and the we do it. But if implemented, it would supply of oil, natural gas, and coal, and Kyoto Protocol, is not the way to go if substantially penalize the nations that we must, if we wish to have an influ- you want an economy to prosper and use fossil fuels by forcing reductions in ence on the price of these commodities, you want the opportunities of that fossil fuel usage. The Vice President develop our own resources in an intel- economy to be affordable and benefit

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9571 all of our citizens. Such policies cre- Mr. THOMAS. Madam President, I pursued from this administration has ate—the policies of which I have spo- ask unanimous consent that the order been one that has made domestic pro- ken, Btu tax and Kyoto Protocol—win- for the quorum call be rescinded. duction even more difficult than it was ners and losers. The great tragedy is The PRESIDING OFFICER (Ms. COL- in the beginning—and more difficult that the American consumer ulti- LINS). Without objection, it is so or- than it needs to be, as a matter of fact. mately becomes the loser. dered. So I guess you can talk about releas- The path to stable energy prices is Mr. THOMAS. I understand the order ing oil from our strategic storage. I through a free market that rewards ef- of business is the energy bill. don’t make as big a thing out of it as ficiency and productivity and does not The PRESIDING OFFICER. The Sen- some, but that is not a long-term an- punish economies for favoring one form ator is correct. We are on the motion swer. It is a relatively small amount of of energy over another. The American to proceed. oil compared to our usage—about a day consumer will make that decision ulti- Mr. THOMAS. I thank the Chair. and a half’s usage—and it is not going mately if he or she has an adequate As I have said before, energy is ter- to make a big difference in terms and number of choices in the marketplace. ribly important to all of us. It is par- no difference to where we are in being The Vice President, in his recent ticularly important to those of us who able to have domestic production in speech on energy, simply repeated the come from producer States. But per- the future. I set that aside. I only warn tired, old rhetoric of the Carter admin- haps if you come from a part of the that that can’t be offered as a solution istration and every Democrat can- country where there is no production to the energy problem. That seems to didate in past presidential elections. and the cost continues to go up, you be about all this administration is pre- Each placed reliance on solar, wind, are even more concerned. In New Eng- pared to do. and other renewables and on energy land, that is pretty much the case. On the contrary, going back over conservation—all admirable goals that In any event, we do have a problem some time, in 1993 the first Btu tax in- Presidents Reagan and Bush also en- in energy and we have to find solu- creased the cost of a gallon of gas couraged, but Presidents Reagan and tions. We have two very different about 8 cents. The compromise was Bush supported renewables with the points of view in terms of what our about 3 cents, with the Vice President clear understanding that renewables needs are and how we meet them. casting the deciding vote. Now, of could not be relied upon to replace fos- Many wonder, of course, why gas and course, the effort is to manipulate the sil-fuel-fired electrical generating ca- diesel prices are so high. Heating oil price of the storage oil, but it won’t do pacity that currently supplies our will be very expensive. I come from a that. As I said, it is only about 1 and a baseload of electricity. And that base- production State, and it wasn’t long half day’s supply. load demand will continue to rise as ago that oil in our oil fields was bring- our economy grows. ing less than $10 a barrel. Now, of We find our refineries now producing Presidents Reagan and Bush also rec- course, in the world price, we are up in at about 95-percent capacity, partly be- ognized that somehow the automobile the thirties. Part of that, of course—I cause of some of the restrictions placed was not just going to disappear over- think the major part—is that we have on these facilities. Some have gone out night and that it was not going to be relatively little impact on the price. of business, and practically none has replaced by electric cars within the We have allowed ourselves, over a pe- been built. We find natural gas, of near future. They understood that. riod of time, to become dependent upon course, becoming increasingly impor- They rewarded production and encour- importation of oil. We have not had, in tant. Fifty percent of U.S. homes and aged production. For 8 years now, do- my view, an energy policy. We have 56 million people rely on natural gas mestic oil and gas production has been had 8 years of an administration that for heating. It provides 15 percent of discouraged and restricted, and the really has not wanted to deal with the our power. It will provide more in that American consumer is paying the price idea of having a policy in terms of this administration has also moved ba- at the pump. This winter the American where we are going. sically against the use of coal, which is consumer will also pay a dramatic I have become more and more con- our largest producer of electric energy, price as their furnaces turn on. vinced—it is not a brand new idea, but instead of finding ways to make coal Can it be turned around overnight? I think it doesn’t often get applied— more acceptable. The coal industry has Absolutely not. We must begin to in- that we have to set policies and goals been working hard on that. We have vest in the business of producing, for where we need to be over a period of low-sulfur coal in my State. This ad- whether it be electricity or whether it time. And then, as we work toward ministration has pushed against that, be oil from domestic reserves or gas. It that, we can measure the various and we have therefore had less use than is there. It awaits us. We simply have things we do with respect to attaining we had before. to reward the marketplace, and the that goal. If our goal is—and I think it So what do we do? I think certainly marketplace will produce. We cannot should be—that we become less depend- there are a number of things we can do. continue to squeeze it, penalize it, and There does need to be a policy. A policy refuse access to the supplies the Amer- ent upon imported oil, then we have to make some arrangements to be there. is being talked about by George Bush, ican consumer needs. which is supported generally here in It is a simple message but a com- That has not been the case. the Senate—that would be No. 1—to plicated one, especially complicated by This administration, on the other help low-income households with their an administration that says: No, no, hand, has basically gone the other way energy bills and put some more money no, let the wind and the Sun make up and has indicated that we ought to re- in as a short-term solution to help with the difference. Probably not in my life- duce our domestic production. In fact, the low-income energy assistance pro- time or in the lifetime of any of the our consumption requirements have gram. We can do that. We can direct a youngest people listening today can gone up substantially over the last portion of all the gas royalty payments and will that be possible. But a com- couple of years—about 14 percent. Dur- to that program and offset some of the bination of all of those elements of en- ing the same period of time, domestic costs over time. We are always going to ergy coming together—hydro, nuclear, production has gone down approxi- or the production of crude oil and gas mately 17 percent. have the need, it seems to me, regard- from our own reserves, supplies from In 1990, U.S. jobs in exploring and less of the price, for low-income assist- abroad, and renewables and conserva- producing oil and gas were about ance. We can do that. And we can es- tion—will be necessary to carry us 400,000 or 500,000 people. In 1999, the tablish a Northeast management home through a crisis that clearly could spell number of people doing the same thing heating reserve to make sure home a major hit to our economy. was about 293,000—a 27-percent decline. heating is available for the Northeast. Mr. President, I yield the floor, and I Why is this? Part of it is because we We should use the Strategic Petroleum suggest the absence of a quorum. haven’t really had this goal of how we Reserve only in times of real crises— The PRESIDING OFFICER. The were going to meet our energy de- not price, but crises such as the wars of clerk will call the roll. mands and then measure some of the several years ago. The assistant legislative clerk pro- things that have brought us to where We need to make energy security a ceeded to call the roll. we are. On the contrary, the policy priority of U.S. foreign policy. We can

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9572 CONGRESSIONAL RECORD — SENATE October 2, 2000 do a great deal with Canada and Mex- now, and we can continue to make it The PRESIDING OFFICER (Mrs. ico. It seems we ought to be able to ex- work better, but it is not the short- HUTCHISON). Without objection, it is so ercise a little more influence with the term answer to our energy problems. ordered. Middle East. Certainly, we have had a We can do something with ANWR. I f lot to do with those countries in the have gone up to the North Slope of past—being helpful there. I think we Alaska. You can see how they do the ENERGY AND WATER DEVELOP- can make more of an impact in Ven- very careful extraction. You have to MENT APPROPRIATIONS ACT, ezuela than we have. I think we can get the caribou out of the way. But you 2001—CONFERENCE REPORT support meetings of the G–8 energy can see what is going on. That can be Mr. DASCHLE. Madam President, we ministers, or their equivalent, more done. I am confident it can be done. are about to cast a vote at 5:30. I think often. Those are some of the things that are in many ways this is a very difficult Maybe most importantly, we have suggested and which I think ought to situation. I come to the floor this lots of resources domestically, and in- have real consideration. It is difficult afternoon expressing my gratitude to stead of making them more difficult to sometimes to try to reconcile environ- the distinguished chair of the Energy reach, we ought to make it easier. I mental issues. I don’t know of anyone and Water Subcommittee and certainly come from a State that is 50-percent who doesn’t want to do that. Environ- to the ranking member, the Senator owned by the Federal Government. Of mental protection has to be considered, from Nevada, our extraordinary assist- course, there are places such as Yellow- but it doesn’t mean you have to do ant Democratic leader, for the great stone Park and Teton Park where you away with access. work they have done in responding to are never going to do minerals and Quite frankly, one of the real prob- many of the issues and concerns that should not. Much of that land is Bu- lems we have in some States is how to our colleagues have raised. I think in reau of Land Management land that is use open spaces. We are doing some- large measure it is a very balanced bill. not set aside for any particular pur- thing in my State about protecting the Unfortunately, we were unable to re- pose. It was there when the homestead environment and protecting public solve what is a very significant matter stopped and was simply residual and land. Too many people say you just relating to the Missouri River and the became public land. It is more multiple shouldn’t use it for anything at all. precedent that it sets for all rivers. use. We can protect the environment When some States, such as Nevada and The Corps of Engineers must, from and continue to use it—whether it is others, are up as high as 85 percent in time to time, update the master man- for hiking, hunting, grazing, or wheth- Federal ownership, I can tell you it is ual for the rivers that it manages. Un- er indeed for mineral exploration and impossible to have an economy in fortunately, some of our colleagues on production, as we now do. those States and take that attitude. On the other side of the aisle have indi- This administration has made it dif- the other hand, I am persuaded that we cated that they were unwilling to com- ficult to do that. We can improve the can have reasonable kinds of programs promise with regard to finding a way regulatory process. I not only serve on that allow multiple use and at the they could address their concerns with- the Energy Committee, but on the En- same time protect the future use of out calling a complete halt to a vironment and Public Works Com- those lands. It seems to me those are multiyear process that has been under- mittee. Constantly we are faced with the kinds of things we ought to be way to revise and update a master new regulations that make it more dif- doing. manual that is now over 40 years old. It is very difficult. It is certainly ficult, particularly for small refineries, That is the issue: a manual that affects easy to set energy policy back, particu- to live within the rules. Many times thousands of miles of river, hundreds of larly when the price has gone up as it they just give it up and close those. We thousands, if not billions, of dollars of has. I think all of us remember a year can change that. It depends on what we revenue generated from hydroelectric or so ago when the price at the gas want to do with the policy. It depends power, navigation, irrigation, munic- pump was down as low as 86 cents a on our goals and what we want to do gallon. Now in my State it is as high as ipal water, and bank stabilization. with domestic production and whether There is perhaps no more com- $1.60. You think about it a lot more plicated management challenge than or not these kinds of things contribute when it is $1.60 than when it is 86 cents. the one affecting the Missouri and, for to the attainment of those goals. It is We didn’t complain much about the that matter, the Mississippi Rivers. pretty clear that they don’t. producers then. But now we are pretty I think we can find ways to establish So our challenge has been to address critical. We need a policy. clear rules to have some nuclear plants That is the opportunity we have in the concerns of the two Senators from that are safe, so they indeed can oper- this Congress—to really establish some Missouri in a way that recognizes their ate. They are very efficient. We talk of the byways and roadways to help us legitimate questions regarding the about the environment. They are achieve a reduction on our dependency Corps’ intent on management, and also friendly to the environment. We need on foreign oil. We need to move toward to recognize that there are stretches of to do something. Of course, if we are changes in consumption and in the way the river both affecting the Mississippi going to do that, as they do in France we travel. I have no objection to that. in downstream States as well as all of and the Scandinavian countries, we can The fact is, that is going to take time. the upstream States that also must be recycle the waste, or at least after a The economy, the prosperity, and the addressed, that also have to be worked number of years we can have a waste security of this country depends a out, that have to be recognized and storage at Yucca Mountain, NV. This great deal on an ample and available achieved in some way. administration has resisted that en- energy source. It requires an energy We have gone to our distinguished tirely, as have many Members on the policy. It requires the administration colleagues on the other side on a num- other side of the aisle. to step up to the plate and work with ber of occasions indicating a willing- So these are all things that could be this Congress to continue to work to ness to compromise, indicating a will- done and are being talked about. We establish an energy policy. ingness to sit down to try to find a way are talking about breaching dams. I That is our task. That is our chal- to resolve this matter. I must say, we think everybody wants to look for al- lenge. I think it is a necessary move- have been rebuffed at every one of ternative sources. We ought to use ment in order to continue to have free- those efforts. So we are left today with wind and solar. But the fact is that dom and economic prosperity. no choice. those really generate now about 2 per- I yield the floor. I suggest the ab- What I hope will happen is that we cent of the total usage that we have. sence of a quorum. can vote in opposition to the bill in Maybe they will do more one of these The PRESIDING OFFICER. The numbers sufficient enough to indicate days. I hope they do. We have some of clerk will call the roll. our ability to sustain a veto; the Presi- that in my State as well. As a matter The legislative clerk proceeded to dent will then veto this legislation, as of fact, my business built a building call the roll. he has now noted publicly and pri- about 20 years ago, and we fixed it up Mr. DASCHLE. Madam President, I vately on several occasions; and that with solar power. I have to admit it ask unanimous consent that the order we come down together to the White didn’t work very well. It works better for the quorum call be rescinded. House, or anywhere else, work out a

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9573 compromise, work out some suitable The PRESIDING OFFICER. Is there If we create a loophole here, there solution that accommodates the Sen- objection? will be pressure to create another loop- ators from Missouri as well as all other Without objection, it is so ordered. hole somewhere else. And then an- Senators on the river. That is all we The Senator from Montana is recog- other. Before you know it, the law will are asking. nized. be shredded into tatters. It is unfortunate that it has to come Mr. BAUCUS. Madam President, I We all know the Endangered Species to this, to a veto. I warned that it strongly urge my colleagues to vote Act is not perfect. I believe we need to would if we were not able to resolve it. against adoption of the Conference Re- reform it so it will work better for I am disappointed we are now at a port for the Energy and Water Appro- landowners and for species. point where that appears to be the only priations. Section 103 is an anti-envi- We are working hard to pass returns, option available to us. ronmental rider that prevents the but those reforms haven’t passed. So Before he came to the floor, I pub- sound management of the Missouri the Endangered Species Act remains licly commended the chair of the En- River. the law of the land, and we have to re- ergy and Water Subcommittee for his As my colleagues will recall, during spect it. And so should the Corps. work. And I will say so privately to my Senate consideration of this bill last Forget about the species for a colleagues that what he has done and month, Senator DASCHLE and I pro- minute. Think about basic fairness. We what the ranking member has done is posed to delete this provision. Unfortu- require private landowners to comply laudable and ought to be supported. nately we were not successful. with the Endangered Species Act. Now, rather than attempting to work But the overriding concern is a concern Why should the Federal Government out a compromise, the conferees have that has been addressed now on several get a free pass? included the very same language in the The answer is, they should not. The occasions. It was my hope that it was a conference report before us tonight. Army Corps of Engineers should be concern that could have been addressed I will not repeat all of the arguments held to the same standard as everybody in a way that would have avoided the made in the earlier debate about why need for a veto. Unfortunately, that is this amendment is bad for the river else, and the Corps agrees. We have a public process in place, to not the case. So we are left with no and the people of my state. The impor- carefully revise the master manual. choice, Madam President. I regret that tant point is, nothing has changed It’s been underway for 10 years. fact. from that debate and the need to re- Now, at the last minute, when the I hope that my colleagues will under- move this rider remains as true today end is in sight, a rider in an appropria- stand that this legislation is impor- as it did then. tant. I hope after the veto, after it is First, the Army Corps of Engineers is tions bill would derail the process by sustained—if that is required—we can managing the Missouri River on the taking one of the alternatives right off go back, get to work, and find the com- basis of a master manual that was the table. That’s not fair. It’s not right. It’s not promise that I have been seeking now written in 1960 and hasn’t changed the way we ought to make this deci- for weeks, and find a way with which much since then. to move this legislation along. Today, conditions are much different. sion. I yield the floor. Priorities are different. Instead, we should give the open The PRESIDING OFFICER. The Sen- Under the current master manual—40 process that we began ten years ago a ator from New Mexico. years old—water levels in Ft. Peck chance to work. Mr. DOMENICI. Could I make a par- lake are often drawn down in the sum- We should give people an opportunity liamentary inquiry? mer months, largely to support barge to comment on the biological opinion Are we scheduled by unanimous con- traffic downstream, which is an indus- and the environmental impact state- sent to vote at 5:30 on the conference try that is dying and, according to the ment. report? Corps’ own analysis, has much less eco- So the final decision will not be made The PRESIDING OFFICER. The Sen- nomic value than the recreation value in a vacuum. ator is correct. upstream. But this rider makes a mockery of Mr. DASCHLE. Madam President, These drawdowns have occurred time that process. The rider allows for an will the Senator from New Mexico and time again. Their effect is dev- extensive period for public comment. yield? astating: Moving ramps to put boats in But then it prohibits the public agen- Mr. DOMENICI. I am pleased to the lake a mile away, severely curtail cies from acting on those comments. yield. boating and fishing that are enjoyed by A better way is to allow the agencies Mr. DASCHLE. As I understand it, thousands of Montanans and tourists and the affected parties to continue to the senior Senator from Montana alike. They also reduce the numbers of work together to strike a balance to would like a minute or two to talk on walleye, sturgeon, and other fish. manage this mighty and beautiful this subject. Perhaps it would be better The drawdowns are the big reason river: for upstream states, for down- for him to do it now, and then you why eastern Montana has been getting stream states, and for the protection of could close the debate, if that would be an economic raw deal for years. More endangered species; that is, for all of appropriate. balanced management of the Missouri us. Mr. DOMENICI. I was just going to River, which takes better account of Mrs. BOXER. Madam President, ask. I saw him on the floor and he men- upstream economic benefits, is abso- along with many of my colleagues, I tioned he might want to speak. I need lutely critical to reviving the economy voted in support of an amendment to about 6 minutes, so could you take the in that part of our State. the energy and water appropriations intervening time before the 6 minutes? Now there has been some talk that bill when it moved through the Senate Mr. BAUCUS. I say to my colleague, the proposed split season will affect hy- to strike an anti-environment rider I need only 5 or 6 minutes. dropower production. While detailed from that bill. Unfortunately, that Mr. DOMENICI. I only need about 6 studies are not yet complete, in fact, amendment failed and the rider re- minutes. I will yield the rest to the the Corps estimates that the split sea- mains in the conference report we con- Senator. son will have ‘‘essentially no impact to sider today. Mr. BAUCUS. I inquire of the minor- the total hydropower benefits.’’ So For that reason, I must vote against ity leader and the Senator from New there really should be no doubt. The this legislation. I understand that the Mexico if we could get perhaps an extra split season is a better deal for Mon- President has indicated that he will 5 minutes before the vote. tana. It is a better deal for the whole veto this legislation because of this Mr. DASCHLE. Madam President, it river. antienvironment provision. appears we have 10 minutes remaining Of course, this rider is about more The antienvironment rider included before the vote. than just Ft. Peck. in this bill stops changes in the man- I ask unanimous consent that the It also prevents the Corps of Engi- agement of the Missouri River called vote occur at 5:32 and the time be neers from obeying the law of the land. for by existing law. Those changes equally divided. Specifically, the Endangered Species would ensure that the river is managed Mr. DOMENICI. Thank you. Act. not only for navigation, but also for

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9574 CONGRESSIONAL RECORD — SENATE October 2, 2000 the benefit of the fish and wildlife that specific California project. I wanted to that effort. Instead we are saying full depend on the river for survival. state for the RECORD that I will correct steam ahead. It is critical that those changes go my statement that will be included on It is true that part of the money, $69 into effect promptly because without my Senate web page and remove this million, is held back until DOE ar- them several endangered species may reference to the CALFED project. ranges for studies of some of these become extinct. Mr. ROBB. Madam President, I in- issues and certifies that the program is The Missouri River management tend to vote against the energy and on schedule and on budget. These changes that this antienvironment water appropriations conference report issues are critical to future Congres- rider blocks are called for by a 600-page this afternoon. I support the vast ma- sional action on NIF. Unfortunately, Fish and Wildlife Service study. The jority of the bill, in fact, there are a the bill does not clearly specify who study is itself based upon hundreds of number of projects I have worked for will conduct those studies. published peer-reviewed studies, and years to have included. But, once I wish we could entrust DOE with would modify the 40-year-old Corps of again, in addition to those projects, an these reviews, but history suggests Engineers policy of managing the flows anti-environmental rider was also at- they have not earned our trust. A re- of the Missouri River primarily to ben- tached to this legislation. cent article in the journal Nature de- efit a $7 million downstream barge in- The President has announced his in- scribes ten years of failed peer review dustry. tention to veto this bill because of that on this project: so-called ‘‘inde- That old Corps policy is largely re- anti-environmental rider. So we will be pendent’’ reports that were not inde- sponsible for the endangerment of back here in the next few days consid- pendent, that were written by stacked three species—the piping plover, the ering this legislation again. And I have panels with conflicts of interest, that least interior tern, and the pallid stur- been assured that when we take up this even were edited by project officials. A geon—that depend upon the river for legislation again, our Virginia projects recent GAO report notes that reviews survival. Two other fish species are will be included, since they are not the ‘‘did not discover and report on NIF’s also headed toward extinction. subject of the dispute. I hope that in fundamental project and engineering It is very unfortunate that this provi- the intervening period, we can remove problems, bringing into question their sion was included in a bill that other- the rider which would prevent the comprehensiveness and independence.’’ wise has much to commend it. Corps of Engineers from reviewing its DOE is currently under threat of a sec- I appreciate the conferees’ hard work procedures to protect the Missouri ond lawsuit regarding violations of the in crafting a bill that funds several im- river and its environment. Federal Advisory Committee Act in portant California priorities. The Ham- Mr. HARKIN. Madam President, I NIF studies. ilton Wetlands Project funded in this rise today in continuing concern over We need a truly independent review. bill would restore approximately 1,000 the National Ignition Facility, a mas- I am pleased that the Chairman and acres to wetlands and wildlife habitat sive stockpile stewardship facility Ranking Member agreed to join me in at Hamilton Army Airfield. The Amer- being built at the Department of Ener- a colloquy on this concern, and hope ican River Common Elements funded gy’s Lawrence Livermore Labs in Cali- the studies mandated in this bill will in this bill would result in 24 miles of fornia. This program has been beset by be fully independent and credible. Oth- levee improvements along the Amer- cost overruns, delays, and poor man- erwise, I fear that the $199 million we ican River and 12 miles of improve- agement. The House in its Energy & are appropriating will be poured down ments along the Sacramento River lev- Water bill included $74.1 million for a bottomless pit with the $800 million ees, flood gauges upstream of Folsom construction of NIF. The Senate adopt- already spent. We’ve seen this happen Dam, and improvements to the flood ed an amendment I offered that capped too many times, with the Super- warning system along the lower Amer- spending at the same level, and also re- conducting Supercollider, the Clinch ican River. Finally, the Solana Beach- quested an independent review of the River Breeder Reactor, the Space Sta- Encinitas Shoreline Feasibility Study project from the National Academy of tion, and on and on. I will continue to funded in this bill would assist both Sciences. strive to protect our taxpayers, keep cities in their efforts to battle beach I know the Chairman and Ranking our nuclear stockpile safe, and end erosion, and would provide needed data Member of the Subcommittee each wasteful spending on NIF before more for the restoration of these beaches. have their own concerns about NIF, billions are spent. Projects such as these are extremely and I greatly appreciate their efforts to Mr. ASHCROFT. Madam President, I important to California. bring this program under control. But rise today in support of the conference Because of these and the other bene- frankly I am disappointed in what has report on the energy and water appro- fits of this bill for California, I find it come out of conference. The funding priations bill. This is a very important unfortunate that I must vote against for NIF construction has risen from $74 bill, for it contains a provision that this legislation. I do so, however, be- million to $199 million. $74 million in will protect the citizens of Missouri cause a vote for this bill is a vote to the House, $74 million in the Senate, from a risky Administration scheme to support an antienvironment rider that and $199 million out of conference. flood the Missouri River Basin. Section may well lead to the irreversible dam- That is a lot of money to spend on a 103 of this bill is a provision that is age of causing the extinction of several program that is out of control. Pro- necessary for the millions of Ameri- endangered species. jected costs of constructing this facil- cans who live and work along the Mis- I expect that this legislation will be ity have almost doubled in the last souri and Mississippi Rivers. This is taken up by the Senate without this year. We don’t know if the optics will the section of the bill that was subject rider in the next few weeks, and that work. We don’t know how to design the to an amendment to strike when the we will move forward with important target. Even if the technical problems Senate considered this legislation on energy and water projects without are solved, we don’t know if the Na- September 7, 2000. The Senate defeated doing irreversible damage to our envi- tional Ignition Facility will achieve ig- the attempt to strike at that time, and ronment. nition. We don’t even know if this fa- I want to thank the subcommittee Mr. MCCAIN. Madam President, dur- cility is needed. DOE’s recent ‘‘rebase- chairman, Senator DOMENICI, for main- ing a statement I made on the Senate lining’’ specified massive budget in- taining Section 103 in the conference floor today regarding various pork-bar- creases for NIF for several years, but, report now before us. rel spending in the final conference re- despite Congressional requests, did not Madam President, as you know, the port for the FY 2001 energy and water say where this money would come from use of the Missouri River is governed appropriations, I incorrectly referred or what impact it would have on the by what is known as the Missouri River to a $20 million earmark for the stockpile stewardship program. Master Manual. Right now, there is an CALFED Bay-Delta restoration This is the time to slow down, con- effort underway to update that man- project. I was informed by the Senate duct some independent studies, recon- ual. The specific issue that is at the Energy and Natural Resources Com- sider how we can best maintain the nu- crux of the debate over Section 103 is mittee that the conference agreement clear weapons stockpile and whether what is called a spring rise. A spring does not include any funding for this this risky program really is critical to rise, in this case, is a release of huge

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9575 amounts of water from above Gavins this provision four times previously, he Section 103 protects citizens of Mis- Point Dam on the Nebraska-South Da- will be sending a very clear message to souri and other states from dangerous kota border during the flood-prone the citizens of the Midwest. It is very flooding while allowing for cost effi- spring months. easy to understand. Unfortunately, it cient transportation of grain and In an effort to protect the habitat of would be very hard to digest and ac- cargo. the pallid sturgeon, the least tern, and commodate. But the message would be Section 103 is supported by bipartisan the piping plover, the U.S. Fish and this: The Clinton-Gore administration group representing farmers, manufac- Wildlife Service issued an ultimatum is willing to flood downstream commu- turers, labor unions, shippers, citizens to the Army Corps of Engineers insist- nities as part of an unscientific, risky and port authorities from 15 Midwest ing that the Corps immediately agree scheme that will hurt, not help, the en- states. to its demand for a spring rise. The dangered species it seeks to protect. If Also supporting Section 103 are Corps was given one week to respond to that is the message, I wouldn’t want to major national organizations including the request of Fish and Wildlife for im- be the messenger. the American Farm Bureau, American mediate implementation of a spring The President’s Chief of Staff, Mr. Waterways associations, National rise. The Corps’ response was a rejec- Podesta, made a number of interesting, Grange, and the National Soybean As- tion of the spring rise proposal, and yet untrue, claims in his veto threat sociation. they called for further study of the ef- letter. We have corrected and clarified The strong support for Section 103 fect of the spring rise. these points before, but allow me to do and against the spring rise undermines The language in section 103 will allow so again, in the hope that the adminis- the administration’s claim that the for the studies the Corps recommends. tration will reconsider its position Master Manual must be immediately Section 103, inserted in the bill during when confronted with the real facts on changed. In addition to the illusory argument the subcommittee markup, is a com- this issue. that the spring rise is necessary to pro- monsense provision that states in its First, the administration claims in tect endangered species, some advo- entirety: its veto letter that section 103 would, cates of the spring rise claim that this None of the funds made available in this ‘‘prevent the Corps from carrying out a plan is a return to more ‘‘natural flow act may be used to revise the Missouri River necessary element of any reasonable conditions’’ and that the river should Master Water Control Manual if such provi- and prudent alternative to avoid jeop- be returned to its condition at the time sions provide for an increase in the spring- ardizing the continued existence of the time water release program during the of the Lewis and Clark expedition. spring heavy rainfall and snow melt period endangered least tern, pallid sturgeon, Not only is this unrealistic because in States that have rivers draining into the and the piping plover.’’ This statement the Midwest was barely habitable be- Missouri River below the Gavins Point Dam. is false. cause of the erratic flooding conditions This policy—this exact language— Under section 103, alternatives can be at that time, according to Dr. Engeln has been included in the last four en- studied and all alternatives can be im- of the Missouri DNR, the proposal ergy and water appropriations bills, all plemented—with the exception of a would benefit artificial reservoirs at of which the President signed without spring rise. the expense of the river and create flow opposition. Let’s look at the support What is ironic is that spring flooding conditions that have never existed that the Energy and Water appropria- could hurt the wildlife more than it along the river in Iowa, Nebraska, Kan- tions bills, with the exact same lan- will protect them. And it will do so in sas, and Missouri. guage, have enjoyed in the past. a way that will increase the risks of Over 90 organizations representing In October, 1995, the Senate agreed to downstream flooding and interferes farmers, shippers, cities, labor unions, the energy and water appropriations with the shipment of cargo on our na- and port authorities recently sent a conference report by a bipartisan vote tion’s highways. letter to Congress saying: ‘‘The spring of 89–6. Dr. Joe Engeln, assistant director of rise demanded by the Fish and Wildlife In September, 1996, the Senate agreed the Missouri Department of Natural Service is based on the premise that we to the energy and water appropriations Resources, stated in a June 24 letter should ‘replicate the natural conference report by a bipartisan vote that there are several major problems hydrograph’ that was responsible for of 92–8. with the Fish and Wildlife Service’s devastating and deadly floods as well In September, 1998, the Senate agreed proposed plan that may have the per- as summertime droughts and even to the energy and water appropriations verse effect of harming the targeted dustbowls.’’ conference report by unanimous con- species rather than helping them. I think it is pretty clear that there is sent. In his letter, he writes that, ‘‘the not sound science to support some pro- In September, 1999, the Senate agreed higher reservoir levels [that would re- tection of these species. There is a to the energy and water appropriations sult from a spring rise] would also re- clear disagreement among scientists, conference report by a bipartisan vote duce the habitat for the terns and plov- and a strong argument that the imple- of 96–3. ers that nest along the shorelines of mentation of this plan would, in fact, In addition, this year, the Senate the reservoirs.’’ damage the capacity of some of these voted 93–1 in favor of final passage of Dr. Engeln also points out that be- species to continue. the energy and water appropriations cause the plan calls for a significant I urge the Senate to support this con- bill on September 7, 2000, following the drop in flow during the summer, preda- ference report. I ask the President to defeat of the amendment to strike Sec- tors will be able to reach the islands rethink his threatened veto and side tion 103. upon which the terns and plovers nest, with the bipartisan consensus to pro- This lengthy record of support is part giving them access to the young still in tect the citizens living and working in of the reason I am shocked and as- the nests. the lower Missouri River Basin from tounded to report that last week, the Second, the administration claims the Fish and Wildlife Service’s plan to President’s Chief of Staff, John Pode- that the Missouri Master Manual is flood the region. sta, sent a letter to the Energy and outdated and, ‘‘does not provide and The PRESIDING OFFICER. The Sen- Water Appropriations Subcommittee appropriate balance among the com- ator from New Mexico. chairman stating that the President peting interests, both commercial and Mr. DOMENICI. Madam President, I would veto this bill if section 103 is in- recreational, of the many people who rise to tell the Senate this is a good cluded. In other words, the Clinton- seek to use this great American river.’’ bill. I hope we will pass it. Gore administration is threatening to This, also, is untrue. The Senate passed this bill 97–1. It veto the entire energy and water ap- This administration’s plan for ‘‘con- went to conference. Obviously, there propriations bill if it contains language trolled flood’’ or spring rise places were some changes made in conference to protect the lives and property of all every citizen who lives or works down- but clearly not significant enough to citizens living and working along the stream from the point of release in have somebody vote against this bill. lower Missouri and Mississippi Rivers. jeopardy by disturbing the balance at a When the call of the roll occurs, we If the President follows through with time when downstream citizens are are going to hear that a number of Sen- a veto of the bill, after having signed most vulnerable to flooding. ators on the other side of the aisle are

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9576 CONGRESSIONAL RECORD — SENATE October 2, 2000 going to vote against the bill. I hope defense, which has been passed. And Mr. BAUCUS. Madam President, I everybody understands that most of this, which you can see from this year very much admire the work and the ef- them have asked for things in this bill, to this year to this year, not very big fort the Senator from New Mexico has and they have been granted things in changes compared to the other parts of put into this bill, and I hope after the this bill their States desperately need. the budget, this is what the 11 appro- President vetoes this bill, and it is sus- I don’t know how all that will work priations bills will amount to more or tained, we can work out this one prob- out, but they are being asked to vote less, including this one. lem so we can get the bill passed. against this because the President of It means that one-sixth of the Fed- Mr. DOMENICI. I thank the Senator. the United States, after signing similar eral budget is at issue when we discuss Madam President, have the yeas and language regarding the Missouri River the 11 appropriations bills that remain. nays been ordered? four different times, has suggested that Two of them were defense, and they be- The PRESIDING OFFICER. They this year, if it is in this bill, he will long in this portion of the budget. But have not. veto it. if you look out, as we try to project Mr. DOMENICI. Madam President, I This bill has taken much work on the 2005 and beyond, to see what keeps ask for the yeas and nays on final pas- defense side; that is, for the nuclear de- growing even though we are paying sage. terrent, nuclear weapons activities of down the national debt, the entitle- The PRESIDING OFFICER. Is there a America, and those activities related ment programs keep growing. And the sufficient second? to it that have to do with nonprolifera- difference in this part, the purple part, There is a sufficient second. tion. We have done an excellent job in is rather insignificant in terms of The question is on agreeing to the increasing some of the very important growth. conference report. work of these National Laboratories This bill is slightly over the Presi- The clerk will call the roll. and our nuclear defense deterrent, peo- dent’s budget in the nuclear deterrent, The legislative clerk called the roll. ple, equipment, and facilities. Sooner nuclear laboratory, nuclear weapons Mr. NICKLES. I announce that the or later many more Senators are going activities, and is slightly over the Senator from Utah, (Mr. HATCH) and to have to recognize the significance of President on all of the water projects. the Senator from Minnesota (Mr. that part of this bill. I failed to mention the science projects GRAMS) are necessarily absent. The second part of it has to do with that are in this bill, which are non- I further announce that, if present nondefense discretionary appropria- defense projects. They go on at all of and voting, the Senator from Utah (Mr. tions; that is, mostly water and water the laboratories, and they are the cut- HATCH) would vote ‘‘yea.’’ projects across this great land. Many of ting edge of real science across Amer- Mr. REID. I announce that the Sen- them are in here for Senators on the ica—in this bill we are talking about. ator from California (Mrs. FEINSTEIN), Democrat side of the aisle. We were All of these, this and 11 others, belong the Senator from Massachusetts (Mr. pleased to work with them on that. in this small amount. Even for those KENNEDY), the Senator from Con- I hope the bill will get sent to the who think it is growing too much, our necticut (Mr. LIEBERMAN), and the Sen- President and we will be able to work projections beyond the year 2005 are ator from Oregon (Mr. WYDEN) are nec- something out with reference to the that it still will be a very small portion essarily absent. Missouri River. The President indi- of our Federal budget with a very large I further announce that, if present cates now that he doesn’t want that amount going to entitlements. and voting, the Senator from Massa- paragraph, that provision, so-called I wish I had one more I could predict, chusetts (Mr. KENNEDY) would vote section 103, in this bill. I am not going the surpluses along here, because I ‘‘no.’’ to argue as eloquently as KIT BOND, the don’t believe you need to worry about The PRESIDING OFFICER. Are there Senator from Missouri, did with ref- having adequate surpluses to take care any other Senators in the Chamber de- erence to why that provision should be of priorities in the future, to take care siring to vote? in the bill. But I can say that a compel- of Medicare, prescription drugs, and The result was announced—yeas 57, ling majority of Senators agreed with Medicare reform. Nor do I think there nays 37, as follows: him when we had a vote on it, and then will be a shortage of money, some of [Rollcall Vote No. 261 Leg.] agreed to vote on final passage which which we should give back to the YEAS—57 included that. American people before we spend it. Abraham Enzi Miller To make sure everybody understands My closing remarks have to do with Allard Fitzgerald Murkowski a little bit about where we have been what should we do with the great sur- Ashcroft Frist Murray and where we are going, I will not talk plus the American people are giving us Bennett Gorton Nickles Bingaman Gramm Roberts much about this chart, except I will by way of taxes, which they have never Bond Grassley Roth ask that we take a quick look at the paid so much of in the past. I look to Brownback Gregg Santorum orange part of this chart. You see how the person who had most to do with our Bunning Hagel Sessions great thriving economy, Dr. Alan Burns Helms Shelby big that keeps growing while people Byrd Hutchinson Smith (NH) worry about this bill, and legitimately Greenspan. He mentions three things Campbell Hutchison Smith (OR) so. Senator MCCAIN argues that per- to us: First, you should put as much of Chafee, L. Inhofe Snowe haps there are some things in this bill it as you can on the national debt. The Cochran Jeffords Specter second thing is, you should give the Collins Kyl Stevens that should not be in it. He may be Craig Lincoln Thomas right. people back some of it by way of taxes. Crapo Lott Thompson Let me tell my colleagues, when you That is the second best thing. He com- DeWine Lugar Thurmond have to put something together for a ments, ‘‘If you are going to look at the Domenici Mack Voinovich whole House and a whole Senate, some- big picture, the worst thing you can do Edwards McConnell Warner times you have to do some things that with the surplus for the future of our NAYS—37 maybe one Senator wouldn’t want children and grandchildren is to spend Akaka Feingold McCain done. it on new programs.’’ Baucus Graham Mikulski So I suggest we all ought to be wor- Bayh Harkin Moynihan This orange shows what is happening Biden Hollings ried about the future. But today we Reed to the American budget of late. This is Boxer Inouye Reid the 2000 estimate, the orange part of ought to get an appropriation bill Breaux Johnson Robb the entitlements and interest we pay in passed. I hope our people will under- Bryan Kerrey Rockefeller Cleland Kerry Sarbanes our budget for the people. See how it stand that in spite of the plea from the Conrad Kohl Schumer continues to grow. The yellow is the minority leader that you vote against Daschle Landrieu Torricelli it because of the Missouri language, we Dodd Lautenberg Defense Department. If you will focus Wellstone for a moment on this purple piece, that can pass it today and see if in the next Dorgan Leahy Durbin Levin number, $319 billion out of a budget of few days we can work something out $1.8 trillion, is the 11 appropriations with the President if he remains dedi- NOT VOTING—6 bills that have not yet been passed. cated to vetoing this bill over the one Feinstein Hatch Lieberman May I point it out again. This is the issue of which the Senator from Mon- Grams Kennedy Wyden entitlements plus the interest. This is tana spoke. The conference report was agreed to.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9577 Mr. DOMENICI. Madam President, I Sec. 304. POW/MIA analytic capability with- 2002 through 2005 for the conduct in each move to reconsider the vote. in the intelligence community. such fiscal year of the intelligence and intel- Mr. MACK. I move to lay that mo- Sec. 305. Applicability to lawful United ligence-related activities of the following tion on the table. States intelligence activities of elements of the United States Government: Federal laws implementing (1) The Central Intelligence Agency. The motion to lay on the table was international treaties and (2) The Defense Intelligence Agency. agreed to. agreements. (3) The National Security Agency. Mr. LOTT. Madam President, I sug- Sec. 306. Limitation on handling, retention, (4) The National Reconnaissance Office. gest the absence of a quorum. and storage of certain classified SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- The PRESIDING OFFICER. The materials by the Department of TIONS. clerk will call the roll. State. (a) SPECIFICATIONS OF AMOUNTS AND PER- The legislative clerk proceeded to Sec. 307. Clarification of standing of United SONNEL CEILINGS.—The amounts authorized call the roll. States citizens to challenge cer- to be appropriated under section 101, and the tain blocking of assets. Mr. LOTT. Mr. President, I ask unan- authorized personnel ceilings as of Sep- Sec. 308. Availability of certain funds for ad- tember 30, 2001, for the conduct of the intel- imous consent that the order for the ministrative costs of ligence and intelligence-related activities of quorum call be rescinded. Counterdrug Intelligence Exec- the elements listed in such section, are those The PRESIDING OFFICER. Without utive Secretariat. specified in the classified Schedule of Au- objection, it is so ordered. TITLE IV—CENTRAL INTELLIGENCE thorizations prepared to accompany the con- Mr. LOTT. Mr. President, we have AGENCY ference report on the bill llll of the One been working on a number of issues. I Sec. 401. Expansion of Inspector General ac- Hundred Sixth Congress. want to enter one, and then we will tions requiring a report to Con- (b) AVAILABILITY OF CLASSIFIED SCHEDULE have another quorum call while we gress. OF AUTHORIZATIONS.—The Schedule of Au- Sec. 402. Subpoena authority of the Inspec- thorizations shall be made available to the conclude some other agreements. The Committees on Appropriations of the Senate first has to do with the intelligence au- tor General. Sec. 403. Improvement and extension of cen- and House of Representatives and to the thorization bill. Obviously, this is very tral services program. President. The President shall provide for important legislation. It has been Sec. 404. Details of employees to the Na- suitable distribution of the Schedule, or of agreed to on both sides. tional Reconnaissance Office. appropriate portions of the Schedule, within the Executive Branch. f Sec. 405. Transfers of funds to other agencies for acquisition of land. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. INTELLIGENCE AUTHORIZATION Sec. 406. Eligibility of additional employees (a) AUTHORITY FOR ADJUSTMENTS.—With ACT FOR FISCAL YEAR 2001 for reimbursement for profes- the approval of the Director of the Office of Mr. LOTT. Mr. President, I ask unan- sional liability insurance. Management and Budget, the Director of TITLE V—DEPARTMENT OF DEFENSE Central Intelligence may authorize employ- imous consent that the Senate proceed ment of civilian personnel in excess of the to the consideration of Calendar No. INTELLIGENCE ACTIVITIES ø number authorized for fiscal year 2001 under 654, S. 2507. Sec. 501. Two-year extension of authority section 102 when the Director of Central In- The PRESIDING OFFICER. The to engage in commercial activi- telligence determines that such action is clerk will report the bill by title. ties as security for intelligence necessary to the performance of important collection activities. intelligence functions, except that the num- The legislative clerk read as follows: øSec. 502. Nuclear test monitoring equip- ber of personnel employed in excess of the A bill (S. 2507) to authorize appropriations ment. number authorized under such section may for fiscal year 2001 for intelligence and intel- øSec. 503. Experimental personnel manage- not, for any element of the intelligence com- ligence-related activities of the United ment program for technical munity, exceed two percent of the number of States Government, the Community Man- personnel for certain elements civilian personnel authorized under such sec- agement Account, and the Central Intel- of the intelligence community.¿ tion for such element. ligence Agency Retirement and Disability Sec. 501. Prohibition on transfer of imagery an- (b) NOTICE TO INTELLIGENCE COMMITTEES.— System, and for other purposes. alysts from General Defense Intel- The Director of Central Intelligence shall There being no objection, the Senate ligence Program to National Im- promptly notify the Select Committee on In- proceeded to consider the bill which agery and Mapping Agency Pro- telligence of the Senate and the Permanent gram. Select Committee on Intelligence of the had been reported from the Select Sec. 502. Prohibition on transfer of collection House of Representatives whenever the Di- Committee on Intelligence with management personnel from Gen- rector exercises the authority granted by amendments to omit the parts in black eral Defense Intelligence Program this section. brackets and insert the parts printed in to Community Management Ac- italic. count. SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. (a) AUTHORIZATION OF APPROPRIATIONS.— S. 2507 Sec. 503. Authorized personnel ceiling for Gen- eral Defense Intelligence Program. (1) IN GENERAL.—There is authorized to be Be it enacted by the Senate and House of Rep- Sec. 504. Measurement and signature intel- appropriated for the Community Manage- resentatives of the United States of America in ligence. ment Account of the Director of Central In- Congress assembled, telligence for fiscal year 2001 the sum of TITLE I—INTELLIGENCE ACTIVITIES SECTION 1. SHORT TITLE; TABLE OF CONTENTS. $232,051,000. (a) SHORT TITLE.—This Act may be cited as SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (2) AVAILABILITY FOR ADVANCED RESEARCH the ‘‘Intelligence Authorization Act for Fis- (a) AUTHORIZATION OF APPROPRIATIONS FOR AND DEVELOPMENT COMMITTEE.—Within the cal Year 2001’’. FISCAL YEAR 2001.—Funds are hereby author- amount authorized to be appropriated in (b) TABLE OF CONTENTS.—The table of con- ized to be appropriated for fiscal year 2001 for paragraph (1), amounts identified in the clas- tents for this Act is as follows: the conduct of the intelligence and intel- sified Schedule of Authorizations referred to ligence-related activities of the following Sec. 1. Short title; table of contents. in section 102(a) for the Advanced Research elements of the United States Government: and Development Committee shall remain TITLE I—INTELLIGENCE ACTIVITIES (1) The Central Intelligence Agency. available until September 30, 2002. Sec. 101. Authorization of appropriations. (2) The Department of Defense. (b) AUTHORIZED PERSONNEL LEVELS.—The Sec. 102. Classified schedule of authoriza- (3) The Defense Intelligence Agency. elements within the Community Manage- tions. (4) The National Security Agency. ment Account of the Director of Central In- Sec. 103. Personnel ceiling adjustments. (5) The National Reconnaissance Office. telligence are authorized a total of 618 full- Sec. 104. Community Management Account. (6) The National Imagery and Mapping time personnel as of September 30, 2001. Per- TITLE II—CENTRAL INTELLIGENCE Agency. sonnel serving in such elements may be per- AGENCY RETIREMENT AND DIS- (7) The Department of the Army, the De- manent employees of the Community Man- ABILITY SYSTEM partment of the Navy, and the Department agement Account element or personnel de- of the Air Force. tailed from other elements of the United Sec. 201. Authorization of appropriations. (8) The Department of State. States Government. TITLE III—GENERAL PROVISIONS (9) The Department of the Treasury. (c) CLASSIFIED AUTHORIZATIONS.— Sec. 301. Increase in employee compensation (10) The Department of Energy. (1) AUTHORIZATION OF APPROPRIATIONS.—In and benefits authorized by law. (11) The Federal Bureau of Investigation. addition to amounts authorized to be appro- Sec. 302. Restriction on conduct of intel- (b) AUTHORIZATION OF APPROPRIATIONS FOR priated for the Community Management Ac- ligence activities. CERTAIN ELEMENTS FOR FISCAL YEARS 2002 count by subsection (a), there is also author- Sec. 303. Prohibition on unauthorized disclo- THROUGH 2005.—Funds are hereby authorized ized to be appropriated for the Community sure of classified information. to be appropriated for each of fiscal years Management Account for fiscal year 2001

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9578 CONGRESSIONAL RECORD — SENATE October 2, 2000 such additional amounts as are specified in (2) by inserting after section 798 the fol- ‘POW/MIA analytic capability of the intel- the classified Schedule of Authorizations re- lowing new section 798A: ligence community’. ferred to in section 102(a). ‘‘§ 798A. Unauthorized disclosure of classified ‘‘(b) SCOPE OF RESPONSIBILITY.—The re- (2) AUTHORIZATION OF PERSONNEL.—In addi- information sponsibilities of the analytic capability maintained under subsection (a) shall— tion to the personnel authorized by sub- ‘‘(a) PROHIBITION.—Whoever, being an offi- ‘‘(1) extend to any activities of the Federal section (b) for elements of the Community cer or employee of the United States, a Government with respect to prisoners of war Management Account as of September 30, former or retired officer or employee of the and missing persons after December 31, 1990; 2001, there is hereby authorized such addi- United States, any other person with author- and tional personnel for such elements as of that ized access to classified information, or any ‘‘(2) include support for any department or date as is specified in the classified Schedule other person formerly with authorized access agency of the Federal Government engaged of Authorizations. to classified information, knowingly and in such activities.’’. (d) REIMBURSEMENT.—Except as provided in willfully discloses, or attempts to disclose, section 113 of the National Security Act of any classified information to a person who is SEC. 305. APPLICABILITY TO LAWFUL UNITED 1947 (50 U.S.C. 404h), during fiscal year 2001, STATES INTELLIGENCE ACTIVITIES not both an officer or employee of the United any officer or employee of the United States OF FEDERAL LAWS IMPLEMENTING States and who is not authorized access to or member of the Armed Forces who is de- INTERNATIONAL TREATIES AND the classified information shall be fined not tailed to the staff of an element within the AGREEMENTS. more than $10,000, imprisoned not more than Community Management Account from an- The National Security Act of 1947 (50 other element of the United States Govern- 3 years, or both. U.S.C. 401 et seq.) is amended by adding at ‘‘(b) CONSTRUCTION OF PROHIBITION.—Noth- ment shall be detailed on a reimbursable the end the following: ing in this section shall be construed to es- basis, except that any such officer, em- ‘‘TITLE X—MISCELLANEOUS tablish criminal liability for disclosure of ployee, or member may be detailed on a non- ‘‘APPLICABILITY TO UNITED STATES INTEL- classified information in accordance with ap- reimbursable basis for a period of less than LIGENCE ACTIVITIES OF FEDERAL LAWS IM- plicable law to the following: one year for the performance of temporary PLEMENTING INTERNATIONAL TREATIES AND ‘‘(1) Any justice or judge of a court of the functions as required by the Director of Cen- AGREEMENTS tral Intelligence. United States established pursuant to article III of the Constitution of the United States. ‘‘SEC. 1001. (a) IN GENERAL.—No Federal (e) NATIONAL DRUG INTELLIGENCE CENTER.— law enacted on or after the date of the enact- ‘‘(2) The Senate or House of Representa- (1) IN GENERAL.—Of the amount authorized ment of the Intelligence Authorization Act tives, or any committee or subcommittee to be appropriated in subsection (a), for Fiscal Year 2001 that implements a trea- thereof, or joint committee thereof, or any $27,000,000 shall be available for the National ty or other international agreement shall be member of Congress. Drug Intelligence Center. Within such construed as making unlawful an otherwise ‘‘(c) DEFINITIONS.—In this section: amount, funds provided for research, devel- lawful and authorized intelligence activity ‘‘(1) The term ‘authorized’, in the case of opment, test, and evaluation purposes shall of the United States Government or its em- access to classified information, means hav- remain available until September 30, 2002, ployees, or any other person acting at their ing authority or permission to have access to and funds provided for procurement purposes direction to the extent such other person is shall remain available until September 30, the classified information pursuant to the carrying out such activity on behalf of the 2003. provisions of a statute, Executive Order, reg- United States, unless such Federal law spe- (2) TRANSFER OF FUNDS.—The Director of ulation, or directive of the head of any de- cifically addresses such intelligence activity. Central Intelligence shall transfer to the At- partment or agency who is empowered to ‘‘(b) AUTHORIZED ACTIVITIES.—An activity torney General of the United States funds classify information, an order of any United shall be treated as authorized for purposes of available for the National Drug Intelligence States court, or a provision of any Resolu- subsection (a) if the activity is authorized by Center under paragraph (1). The Attorney tion of the Senate or Rule of the House of an appropriate official of the United States General shall utilize funds so transferred for Representatives which governs release of Government, acting within the scope of the activities of the National Drug Intelligence classified information by the such House of official duties of that official and in compli- Center. Congress. ance with Federal law and any applicable (3) LIMITATION.—Amounts available for the ‘‘(2) The term ‘classified information’ Presidential directive.’’. National Drug Intelligence Center may not means information or material designated SEC. 306. LIMITATION ON HANDLING, RETEN- be used in contravention of the provisions of and clearly marked or represented, or that TION, AND STORAGE OF CERTAIN section 103(d)(1) of the National Security Act the person knows or has reason to believe CLASSIFIED MATERIALS BY THE DE- PARTMENT OF STATE. of 1947 (50 U.S.C. 403–3(d)(1)). has been determined by appropriate authori- (a) CERTIFICATION REGARDING FULL COMPLI- (4) AUTHORITY.—Notwithstanding any ties, pursuant to the provisions of a statute or Executive Order, as requiring protection ANCE WITH REQUIREMENTS.—The Director of other provision of law, the Attorney General Central Intelligence shall certify to the ap- shall retain full authority over the oper- against unauthorized disclosure for reasons of national security. propriate committees of Congress whether or ations of the National Drug Intelligence Cen- not each covered element of the Department ter. ‘‘(3) The term ‘officer or employee of the United States’ means the following: of State is in full compliance with all appli- TITLE II—CENTRAL INTELLIGENCE AGEN- ‘‘(A) An officer or employee (as those cable directives of the Director of Central In- CY RETIREMENT AND DISABILITY SYS- terms are defined in sections 2104 and 2105 of telligence, and all applicable Executive Or- TEM title 5). ders, relating to the handling, retention, or SEC. 201. AUTHORIZATION OF APPROPRIATIONS. ‘‘(B) An officer or enlisted member of the storage of covered classified materials. (b) LIMITATION ON CERTIFICATION.—The Di- There is authorized to be appropriated for Armed Forces (as those terms are defined in rector of Central Intelligence may not cer- the Central Intelligence Agency Retirement section 101(b) of title 10).’’. and Disability Fund for fiscal year 2001 the (b) CLERICAL AMENDMENT.—The table of tify a covered element of the Department of sum of $216,000,000. sections at the beginning of that chapter is State as being in full compliance with the di- TITLE III—GENERAL PROVISIONS amended by striking the item relating to rectives and Executive Orders referred to in subsection (a) if the covered element is cur- SEC. 301. INCREASE IN EMPLOYEE COMPENSA- section 798A and inserting the following new TION AND BENEFITS AUTHORIZED items: rently subject to a waiver of compliance with respect to any such directive or Execu- BY LAW. ‘‘798A. Unauthorized disclosure of classified Appropriations authorized by this Act for tive Order. information. (c) REPORT ON NONCOMPLIANCE.—Whenever salary, pay, retirement, and other benefits ‘‘798B. Temporary extension of section 794.’’. for Federal employees may be increased by the Director of Central Intelligence deter- SEC. 304. POW/MIA ANALYTIC CAPABILITY WITH- such additional or supplemental amounts as mines that a covered element of the Depart- IN THE INTELLIGENCE COMMUNITY. ment of State is not in full compliance with may be necessary for increases in such com- Title I of the National Security Act of 1947 pensation or benefits authorized by law. any directive or Executive Order referred to (50 U.S.C. 402 et seq.) is amended by adding in subsection (a), the Director shall prompt- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- at the end the following: LIGENCE ACTIVITIES. ly notify the appropriate committees of Con- The authorization of appropriations by ‘‘POW/MIA ANALYTIC CAPABILITY gress of such determination. this Act shall not be deemed to constitute ‘‘SEC. 115. (a) REQUIREMENT.—(1) The Direc- (d) EFFECTS OF CERTIFICATION OF NON-FULL authority for the conduct of any intelligence tor of Central Intelligence shall, in consulta- COMPLIANCE.—(1)(A) Effective as of January activity which is not otherwise authorized tion with the Secretary of Defense, establish 1, 2001, no funds authorized to be appro- by the Constitution or the laws of the United and maintain in the intelligence community priated by this Act may be obligated or ex- States. an analytic capability with responsibility for pended by the Bureau of Intelligence and Re- SEC. 303. PROHIBITION ON UNAUTHORIZED DIS- intelligence in support of the activities of search of the Department of State unless the CLOSURE OF CLASSIFIED INFORMA- the United States relating to prisoners of Director of Central Intelligence has certified TION. war and missing persons (as that term is de- under subsection (a) as of such date that (a) IN GENERAL.—Chapter 37 of title 18, fined in section 1513(1) of title 10, United each covered element of the Department of United States Code, is amended— States Code). State is in full compliance with the direc- (1) by redesignating section 798A as section ‘‘(2) The analytic capability maintained tives and Executive Orders referred to in 798B; and under paragraph (1) shall be known as the subsection (a).

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9579 (B) If the prohibition in subparagraph (A) ‘‘SEC. 811. STANDING OF UNITED STATES CITI- (1) in subsection (d)(1), by striking sub- takes effect in accordance with that subpara- ZENS TO CHALLENGE BLOCKING OF paragraph (E) and inserting the following graph, the prohibition shall remain in effect ASSETS. new subparagraph (E): until the date on which the Director certifies ‘‘No provision of this title shall be con- ‘‘(E) a description of the exercise of the under subsection (a) that each covered ele- strued to prohibit a United States citizen subpoena authority under subsection (e)(5) ment of the Department of State is in full from raising any challenge otherwise avail- by the Inspector General during the report- compliance with the directives and Execu- able to the United States citizen under sub- ing period; and’’; and tive Orders referred to in that subsection. chapter II of chapter 5 and chapter 7 of title (2) in subsection (e)(5), by striking subpara- (2)(A) Subject to subsection (e), effective as 5, United States Code (commonly referred to graph (E). of January 1, 2001, a covered element of the as the Administrative Procedure Act), or any (b) SCOPE OF AUTHORITY.—Subsection Department of State may not retain or store other provision of law, with respect to the (e)(5)(B) of that section is amended by strik- covered classified information unless the Di- blocking of assets by the United States ing ‘‘Government’’ and inserting ‘‘Federal’’. under this title.’’. rector has certified under subsection (a) as of SEC. 403. IMPROVEMENT AND EXTENSION OF such date that the covered element is in full SEC. 308. AVAILABILITY OF CERTAIN FUNDS FOR CENTRAL SERVICES PROGRAM. compliance with the directives and Execu- ADMINISTRATIVE COSTS OF (a) DEPOSITS IN CENTRAL SERVICES WORK- COUNTERDRUG INTELLIGENCE EX- tive Orders referred to in subsection (a). ING CAPITAL FUND.—Subsection (c)(2) of sec- ECUTIVE SECRETARIAT. (B) If the prohibition in subparagraph (A) tion 21 of the Central Intelligence Agency takes effect in accordance with that subpara- Notwithstanding section 1346 of title 31, United States Code, or section 610 of the Act of 1949 (50 U.S.C. 403u) is amended— graph, the prohibition shall remain in effect (1) by redesignating subparagraph (F) as until the date on which the Director certifies Treasury and General Government Appro- subparagraph (H); and under subsection (a) that the covered ele- priations Act, 2000 (Public Law 106–58; 113 (2) by inserting after subparagraph (E) the ment involved is in full compliance with the Stat. 467), funds made available for fiscal following new subparagraphs: directives and Executive Orders referred to year 2000 for any department or agency of ‘‘(F) Receipts from individuals in reim- in that subsection. the Federal Government with authority to (e) PRESIDENTIAL WAIVER.—(1) The Presi- conduct counterdrug intelligence activities, bursement for utility services and meals pro- dent may waive the applicability of the pro- including counterdrug law enforcement in- vided under the program. hibition in subsection (d)(2) to an element of formation-gathering activities, may be ‘‘(G) Receipts from individuals for the the Department of State otherwise covered available to finance an appropriate share of rental of property and equipment under the by such prohibition if the President deter- the administrative costs incurred by the De- program.’’. mines that the waiver is in the national se- partment of Justice for the Counterdrug In- (b) CLARIFICATION OF COSTS RECOVERABLE curity interests of the United States. telligence Executive Secretariat authorized UNDER PROGRAM.—Subsection (e)(1) of that (2) The President shall submit to appro- by the General Counterdrug Intelligence section is amended in the second sentence by priate committees of Congress a report on Plan of February 12, 2000. inserting ‘‘other than structures owned by the Agency’’ after ‘‘depreciation of plant and each exercise of the waiver authority in TITLE IV—CENTRAL INTELLIGENCE paragraph (1). equipment’’. AGENCY (3) Each report under paragraph (2) with (c) FINANCIAL STATEMENTS OF PROGRAM.— respect to the exercise of authority under SEC. 401. EXPANSION OF INSPECTOR GENERAL Subsection (g)(2) of that section is amended paragraph (1) shall set forth the following: ACTIONS REQUIRING A REPORT TO in the first sentence by striking ‘‘annual au- CONGRESS. (A) The covered element of the Department dits under paragraph (1)’’ and inserting the Section 17(d)(3) of the Central Intelligence of State addressed by the waiver. following: ‘‘financial statements to be pre- Agency Act of 1949 (50 U.S.C. 403q(d)(3)) is (B) The reasons for the waiver. pared with respect to the program. Office of amended by striking all that follows after (C) The actions taken by the President to Management and Budget guidance shall also subparagraph (A) and inserting the fol- protect any covered classified material to be determine the procedures for conducting an- lowing: handled, retained, or stored by such element. nual audits under paragraph (1).’’. ‘‘(B) an investigation, inspection, or audit (f) DEFINITIONS.—In this section: (d) EXTENSION OF PROGRAM.—Subsection carried out by the Inspector General should (1) The term ‘‘appropriate committees of (h)(1) of that section is amended by striking focus on any current or former Agency offi- Congress’’ means the following: ‘‘March 31, 2002’’ and inserting ‘‘March 31, cial who— (A) The Select Committee on Intelligence 2005’’. ‘‘(i) holds or held a position in the Agency and the Committee on Foreign Relations of SEC. 404. DETAILS OF EMPLOYEES TO THE NA- that is subject to appointment by the Presi- the Senate. TIONAL RECONNAISSANCE OFFICE. dent, by and with the advise and consent of (B) The Permanent Select Committee on The Central Intelligence Agency Act of the Senate, including such a position held on Intelligence and the Committee on Inter- 1949 (50 U.S.C. 403a et seq.) is amended by an acting basis; or national Relations of the House of Rep- adding at the end the following new section: ‘‘(ii) holds or held the position in the Agen- resentatives. ‘‘DETAILS OF EMPLOYEES cy, including such a position held on an act- (2) The term ‘‘covered classified material’’ ing basis, of— ‘‘SEC. 22. The Director may— means any material classified at the Sen- ‘‘(I) Executive Director; ‘‘(1) detail any personnel of the Agency on sitive Compartmented Information (SCI) ‘‘(II) Deputy Director for Operations; a reimbursable basis indefinitely to the Na- level. ‘‘(III) Deputy Director for Intelligence; tional Reconnaissance Office without regard (3) The term ‘‘covered element of the De- ‘‘(IV) Deputy Director for Administration; to any limitation under law on the duration partment of State’’ means each element of or of details of Federal government personnel; the Department of State that handles, re- ‘‘(V) Deputy Director for Science and Tech- and tains, or stores covered classified material. nology; ‘‘(2) hire personnel for the purpose of de- (4) The term ‘‘material’’ means any data, ‘‘(C) a matter requires a report by the In- tails under paragraph (1).’’. regardless of physical form or characteristic, spector General to the Department of Jus- SEC. 405. TRANSFERS OF FUNDS TO OTHER including written or printed matter, auto- AGENCIES FOR ACQUISITION OF tice on possible criminal conduct by a cur- mated information systems storage media, LAND. rent or former Agency official described or maps, charts, paintings, drawings, films, (a) IN GENERAL.—Section 8 of the Central referred to in subparagraph (B); photographs, engravings, sketches, working Intelligence Agency Act of 1949 (50 U.S.C. ‘‘(D) the Inspector General becomes aware notes, papers, reproductions of any such 403j) is amended by adding at the end the fol- of the possible criminal conduct of a current things by any means or process, and sound, lowing new subsection: or former Agency official described or re- voice, magnetic, or electronic recordings. ‘‘(c) TRANSFERS FOR ACQUISITION OF ferred to in subparagraph (B) through a (5) The term ‘‘Sensitive Compartmented LAND.—(1) Sums appropriated or otherwise means other than an investigation, inspec- Information (SCI) level’’, in the case of clas- made available to the Agency for the acqui- tion, or audit and such conduct is not re- sified material, means a level of classifica- sition of land that are transferred to another ferred to the Department of Justice; or tion for information in such material con- department or agency for that purpose shall ‘‘(E) the Inspector General, after exhaust- cerning or derived from intelligence sources, remain available for 3 years. ing all possible alternatives, is unable to ob- methods, or analytical processes that re- ‘‘(2) The Director shall submit to the Se- tain significant documentary information in quires such information to be handled within lect Committee on Intelligence of the Senate the course of an investigation, inspection, or formal access control systems established by and the Permanent Select Committee on In- audit, the Director of Central Intelligence. telligence of the House of Representatives an SEC. 307. CLARIFICATION OF STANDING OF the Inspector General shall immediately sub- annual report on the transfers of sums de- UNITED STATES CITIZENS TO CHAL- mit a report on such matter to the intel- scribed in paragraph (1).’’. LENGE CERTAIN BLOCKING OF AS- ligence committees.’’. (b) CONFORMING STYLISTIC AMENDMENTS.— SETS. SEC. 402. SUBPOENA AUTHORITY OF THE INSPEC- That section is further amended— The Foreign Narcotics Kingpin Designa- TOR GENERAL. (1) in subsection (a), by inserting ‘‘IN GEN- tion Act (title VIII of Public Law 106–120; 113 (a) CLARIFICATION REGARDING REPORTS ON ERAL.—’’ after ‘‘(a)’’; and Stat. 1626; 21 U.S.C. 1901 et seq.) is amended EXERCISE OF AUTHORITY.—Section 17 of the (2) in subsection (b), by inserting ‘‘SCOPE by adding at the end the following new sec- Central Intelligence Agency Act of 1949 (50 OF AUTHORITY FOR EXPENDITURE.—’’ after tion: U.S.C. 403q) is amended— ‘‘(b)’’.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9580 CONGRESSIONAL RECORD — SENATE October 2, 2000

(c) APPLICABILITY.—Subsection (c) of sec- ø‘‘(2) The Secretary of the Air Force may ø(A) $25,000. tion 8 of the Central Intelligence Agency Act delegate any or all of the responsibilities ø(B) The amount equal to 25 percent of the of 1949, as added by subsection (a) of this sec- delegated to that Secretary under paragraph employee’s annual rate of basic pay. tion, shall apply with respect to amounts ap- (1).’’. ø(C) The amount of the limitation that is propriated or otherwise made available for ø(b) CLERICAL AMENDMENT.—The table of applicable for a calendar year under section the Central Intelligence Agency for fiscal sections at the beginning of subchapter II of 5307(a)(1) of title 5, United States Code. years after fiscal year 2000. such chapter is amended by inserting after ø(2) An employee appointed under sub- SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOY- the item relating to section 2350k the fol- section (b)(1) is not eligible for any bonus, EES FOR REIMBURSEMENT FOR lowing new item: monetary award, or other monetary incen- PROFESSIONAL LIABILITY INSUR- ø‘‘2350l. Nuclear test monitoring equip- tive for service except for payments author- ANCE. ment.’’. ized under subsection (b)(3). ø(f) PERIOD OF PROGRAM.—(1) The program (a) IN GENERAL.—Notwithstanding any pro- øSEC. 503. EXPERIMENTAL PERSONNEL MANAGE- vision of section 363 of the Treasury, Postal MENT PROGRAM FOR TECHNICAL authorized under this section shall termi- Service, and General Government Appropria- PERSONNEL FOR CERTAIN ELE- nate at the end of the 5-year period referred tions Act, 1997 (5 U.S.C. prec. 5941 note), the MENTS OF THE INTELLIGENCE COM- to in subsection (a). Director of Central Intelligence may— MUNITY. ø(2) After the termination of the program— (1) designate as qualified employees within ø(a) PROGRAM AUTHORIZED.—During the 5- ø(A) no appointment may be made under the meaning of subsection (b) of that section year period beginning on the date of the en- paragraph (1) of subsection (b); appropriate categories of employees not oth- actment of this Act, the Director of Central ø(B) a rate of basic pay prescribed under erwise covered by that subsection; and Intelligence may carry out a program of ex- paragraph (2) of that subsection may not (2) use appropriated funds available to the perimental use of the special personnel man- take effect for a position; and Director to reimburse employees within cat- agement authority provided in subsection (b) ø(C) no period of service may be extended egories so designated for one-half of the in order to facilitate recruitment of eminent under subsection (d)(2). ø costs incurred by such employees for profes- experts in science or engineering for re- (g) SAVINGS PROVISIONS.—In the case of an sional liability insurance in accordance with search and development projects adminis- employee who, on the day before the termi- subsection (a) of that section. tered by the elements of the intelligence nation of the program, is serving in a posi- tion pursuant to an appointment under sub- (b) REPORTS.—The Director of Central In- community specified in subsection (c). telligence shall submit to the Select Com- ø(b) SPECIAL PERSONNEL MANAGEMENT AU- section (b)(1)— ø mittee on Intelligence of the Senate and the THORITY.—Under the program, the Director (1) the termination of the program does Permanent Select Committee of Intelligence of Central Intelligence may— not terminate the employee’s employment in of the House of Representatives a report on ø(1) within the limitations specified in sub- that position before the expiration of the each designation of a category of employees section (c), appoint scientists and engineers lesser of— ø under paragraph (1) of subsection (a), includ- from outside the civil service and uniformed (A) the period for which the employee was ing the approximate number of employees services (as such terms are defined in section appointed; or ø covered by such designation and an estimate 2101 of title 5, United States Code) to not (B) the period to which the employee’s of the amount to be expended on reimburse- more than 39 scientific and engineering posi- service is limited under subsection (d), in- ment of such employees under paragraph (2) tions in the elements of the intelligence cluding any extension made under paragraph of that subsection. community specified in that subsection (2) of that subsection before the termination without regard to any provision of title 5, of the program; and TITLE V—DEPARTMENT OF DEFENSE ø(2) the rate of basic pay prescribed for the INTELLIGENCE ACTIVITIES United States Code, governing the appoint- ment of employees in the civil service; position under subsection (b)(2) may not be ø SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY ø(2) prescribe the rates of basic pay for po- reduced for so long (within the period appli- TO ENGAGE IN COMMERCIAL AC- sitions to which employees are appointed cable to the employee under paragraph (1)) TIVITIES AS SECURITY FOR INTEL- as the employee continues to serve in the po- LIGENCE COLLECTION ACTIVITIES. under paragraph (1) at rates not in excess of sition without a break in service. øSection 431(a) of title 10, United States the maximum rate of basic pay authorized ø(h) ANNUAL REPORT.—(1) Not later than Code, is amended in the second sentence by for senior-level positions under section 5376 of title 5, United States Code, notwith- October 15 of each year, beginning in 2001 striking ‘‘December 31, 2000’’ and inserting and ending in the year in which the service ‘‘December 31, 2002’’. standing any provision of such title gov- erning the rates of pay or classification of of employees under the program concludes øSEC. 502. NUCLEAR TEST MONITORING EQUIP- employees in the executive branch; and (including service, if any, that concludes MENT. under subsection (g)), the Director of Central ø(3) pay any employee appointed under ø(a) IN GENERAL.—Subchapter II of chapter Intelligence shall submit a report on the pro- paragraph (1) payments in addition to basic 138 of title 10, United States Code, is amend- gram to the Select Committee on Intel- pay within the limit applicable to the em- ed by adding at the end the following new ligence of the Senate and the Permanent Se- ployee under subsection (e)(1). section: lect Committee on Intelligence of the House ø(c) SPECIFIED ELEMENTS AND LIMITA- ø of Representatives. ‘‘§ 2350l. Nuclear test monitoring equipment TIONS.—The elements of the intelligence ø(2) The report submitted in a year shall ø‘‘(a) AUTHORITY TO CONVEY OR PROVIDE.— community in which individuals may be ap- cover the 12-month period ending on the day Subject to subsection (b), the Secretary of pointed under the program, and the max- before the anniversary, in that year, of the Defense may, for purposes of satisfying nu- imum number of positions for which individ- clear test explosion monitoring require- date of the enactment of this Act. uals may be appointed in each such element, ø(3) The annual report shall contain, for ments applicable to the United States— are as follows: the period covered by the report, the fol- ø‘‘(1) convey or otherwise provide to a for- ø (1) The National Imagery and Mapping lowing: eign government monitoring and associated Agency (NIMA), 15 positions. ø(A) A detailed discussion of the exercise of equipment for nuclear test explosion moni- ø (2) The National Security Agency (NSA), authority under this section. toring purposes; and 12 positions. ø(B) The sources from which individuals ø‘‘(2) install such equipment on foreign ter- ø (3) The National Reconnaissance Office appointed under subsection (b)(1) were re- ritory or in international waters as part of (NRO), 6 positions. cruited. such conveyance or provision. ø (4) The Defense Intelligence Agency ø(C) The methodology used for identifying ø‘‘(b) AGREEMENT REQUIRED.—Nuclear test (DIA), 6 positions. and selecting such individuals. explosion monitoring equipment may be con- ø (d) LIMITATION ON TERM OF APPOINT- ø(D) Any additional information that the veyed or otherwise provided under the au- MENT.—(1) Except as provided in paragraph Director considers helpful for assessing the thority in subsection (a) only pursuant to (2), the service of an employee under an ap- utility of the authority under this section.¿ the terms of an agreement in which the for- pointment under subsection (b)(1) may not SEC. 501. PROHIBITION ON TRANSFER OF IM- eign government receiving such equipment exceed 4 years. ø AGERY ANALYSTS FROM GENERAL agrees as follows: (2) The Director of Central Intelligence DEFENSE INTELLIGENCE PROGRAM ø‘‘(1) To provide the Secretary of Defense may, in the case of a particular employee, TO NATIONAL IMAGERY AND MAP- timely access to the data produced, col- extend the period to which service is limited PING AGENCY PROGRAM. lected, or generated by such equipment. under paragraph (1) by up to 2 years if the (a) PROHIBITION ON USE OF FUNDS FOR ø‘‘(2) To permit the Secretary of Defense to Director determines that such action is nec- TRANSFER.—No funds authorized to be appro- take such measures as the Secretary con- essary to promote the efficiency of the ele- priated by this Act may be transferred from the siders necessary to inspect, test, maintain, ment of the intelligence community con- General Defense Intelligence Program to the Na- repair, or replace such equipment, including cerned. tional Imagery and Mapping Agency Program access for purposes of such measures. ø(e) LIMITATIONS ON ADDITIONAL PAY- for purposes of transferring imagery analysis ø‘‘(c) DELEGATION OF RESPONSIBILITIES.—(1) MENTS.—(1) The total amount of the addi- personnel from the General Defense Intelligence The Secretary of Defense may delegate any tional payments paid to an employee under Program to the National Imagery and Mapping or all of the responsibilities of that Sec- subsection (b)(3) for any 12-month period Agency Program. retary under subsection (b) to the Secretary may not exceed the least of the following (b) ROLE OF DIRECTOR OF NIMA AS FUNC- of the Air Force. amounts: TIONAL MANAGER FOR IMAGERY AND GEOSPACIAL

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9581 PROGRAMS.—(1) The Secretary of Defense shall, amendments be agreed to and the mo- SEC. 504. PROHIBITION ON TRANSFER OF COL- in consultation with the Director of Central In- tions to reconsider be laid upon the LECTION MANAGEMENT PERSONNEL FROM GENERAL DEFENSE INTEL- telligence, review options for strengthening the table en bloc. role of the Director of the National Imagery and LIGENCE PROGRAM TO COMMUNITY The PRESIDING OFFICER. Without MANAGEMENT ACCOUNT. Mapping Agency as the functional manager for No funds authorized to be appropriated by United States imagery and geospacial programs. objection, it is so ordered. The amendments (Nos. 4280 through this Act may be transferred from the Gen- (2) Not later than March 15, 2001, the Sec- eral Defense Intelligence Program to the retary shall submit to the appropriate commit- 4285) were agreed to, en bloc, as fol- lows: Community Management Account for pur- tees of Congress a report on the review required poses of transferring intelligence collection by subsection (b). The report shall include any AMENDMENT NO. 4280 management personnel. recommendations regarding modifications in the (Purpose: To modify the provisions relating SEC. 505. AUTHORIZED PERSONNEL CEILING FOR role and duties of the Director of the National to Department of Defense intelligence ac- GENERAL DEFENSE INTELLIGENCE Imagery and Mapping Agency that the Sec- tivities) PROGRAM. retary considers appropriate in light of the re- On page 27, strike line 3 and all that fol- The authorized personnel ceiling for the view. lows through page 37, line 3, and insert the General Defense Intelligence Program speci- (3) In this subsection, the term ‘‘appropriate following: fied in the classified Schedule of Authoriza- committees of Congress’’ means the following: tions referred to in section 102 is hereby in- (A) The Committee on Armed Services and the TITLE V—DEPARTMENT OF DEFENSE INTEL- LIGENCE ACTIVITIES creased by 2,152 positions. Select Committee on Intelligence of the Senate. SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY SEC. 506. MEASUREMENT AND SIGNATURE INTEL- (B) The Committee on Armed Services and the TO ENGAGE IN COMMERCIAL AC- LIGENCE. Permanent Select Committee on Intelligence of TIVITIES AS SECURITY FOR INTEL- (a) STUDY OF OPTIONS.—The Director of the House of Representatives. LIGENCE COLLECTION ACTIVITIES. Central Intelligence shall, in coordination SEC. 502. PROHIBITION ON TRANSFER OF COL- Section 431(a) of title 10, United States with the Secretary of Defense, conduct a LECTION MANAGEMENT PERSONNEL Code, is amended in the second sentence by study of the utility and feasibility of various FROM GENERAL DEFENSE INTEL- striking ‘‘December 31, 2000’’ and inserting options for improving the management and LIGENCE PROGRAM TO COMMUNITY ‘‘December 31, 2002’’. organization of measurement and signature MANAGEMENT ACCOUNT. SEC. 502. ROLE OF DIRECTOR OF CENTRAL IN- intelligence, including— No funds authorized to be appropriated by TELLIGENCE IN EXPERIMENTAL (1) the option of establishing a centralized this Act may be transferred from the General PERSONNEL PROGRAM FOR CER- tasking, processing, exploitation, and dis- Defense Intelligence Program to the Community TAIN SCIENTIFIC AND TECHNICAL semination facility for measurement and sig- Management Account for purposes of transfer- PERSONNEL. nature intelligence; ring intelligence collection management per- If the Director of Central Intelligence re- (2) options for recapitalizing and reconfig- sonnel. quests that the Secretary of Defense exercise uring the current systems for measurement any authority available to the Secretary SEC. 503. AUTHORIZED PERSONNEL CEILING FOR and signature intelligence; and GENERAL DEFENSE INTELLIGENCE under section 1101(b) of the Strom Thurmond (3) the operation and maintenance costs of PROGRAM. National Defense Authorization Act for Fis- the various options. The authorized personnel ceiling for the Gen- cal Year 1999 (Public Law 105–261; 5 U.S.C. (b) REPORT.—Not later than April 1, 2001, eral Defense Intelligence Program specified in 3104 note) to carry out a program of special the Director and the Secretary shall jointly the classified Schedule of Authorizations re- personnel management authority at the Na- submit to the appropriate committees of ferred to in section 102 is hereby increased by tional Imagery and Mapping Agency and the Congress a report on their findings as a re- 2,152 positions. National Security Agency in order to facili- sult of the study required by subsection (a). SEC. 504. MEASUREMENT AND SIGNATURE INTEL- tate recruitment of eminent experts in The report shall set forth any recommenda- LIGENCE. science and engineering at such agencies, the tions that the Director and the Secretary (a) STUDY OF OPTIONS.—The Director of Cen- Secretary shall respond to such request not consider appropriate. tral Intelligence shall, in coordination with the later than 30 days after the date of such re- (c) APPROPRIATE COMMITTEES OF CONGRESS Secretary of Defense, conduct a study of the quest. DEFINED.—In this section, the term ‘‘appro- utility and feasibility of various options for im- SEC. 503. PROHIBITION ON TRANSFER OF IM- priate committees of Congress’’ means the proving the management and organization of AGERY ANALYSTS FROM GENERAL following: measurement and signature intelligence, includ- DEFENSE INTELLIGENCE PROGRAM (1) The Committee on Armed Services and TO NATIONAL IMAGERY AND MAP- ing the option of establishing a centralized the Select Committee on Intelligence of the tasking, processing, exploitation, and dissemina- PING AGENCY PROGRAM. (a) PROHIBITION ON USE OF FUNDS FOR Senate. tion facility for measurement and signature in- (2) The Committee on Armed Services and telligence. TRANSFER.—No funds authorized to be appro- priated by this Act may be transferred from the Permanent Select Committee on Intel- (b) REPORT.—Not later than April 1, 2001, the ligence of the House of Representatives. Director and the Secretary shall jointly submit the General Defense Intelligence Program to the National Imagery and Mapping Agency to the appropriate committees of Congress a re- AMENDMENT NO. 4281 Program for purposes of transferring im- port on their findings as a result of the study re- (Purpose: To modify procedures under the quired by subsection (a). The report shall set agery analysis personnel from the General Defense Intelligence Program to the Na- Foreign Intelligence Surveillance Act of forth any recommendations that the Director 1978 relating to orders for surveillance and and the Secretary consider appropriate. tional Imagery and Mapping Agency Pro- gram. searches for foreign intelligence purposes.) (c) APPROPRIATE COMMITTEES OF CONGRESS (b) ROLE OF DIRECTOR OF NIMA AS FUNC- (The text of the amendment is print- DEFINED.—In this section, the term ‘‘appro- priate committees of Congress’’ means the fol- TIONAL MANAGER FOR IMAGERY AND ed in today’s RECORD under ‘‘Amend- lowing: GEOSPACIAL PROGRAMS.—(1) The Secretary of ments Submitted.’’) Defense shall, in consultation with the Di- (1) The Committee on Armed Services and the AMENDMENT NO. 4282 rector of Central Intelligence, review options Select Committee on Intelligence of the Senate. (Purpose: To require disclosure under the for strengthening the role of the Director of (2) The Committee on Armed Services and the Freedom of Information Act regarding cer- the National Imagery and Mapping Agency Permanent Select Committee on Intelligence of tain persons and records of the Japanese as the functional manager for United States the House of Representatives. Imperial Army in a manner that does not imagery and geospacial programs. impair any investigation or prosecution Mr. LOTT. Mr. President, I ask unan- (2) Not later than March 15, 2001, the Sec- conducted by the Department of Justice or imous consent that the committee retary shall submit to the appropriate com- certain intelligence matters) amendments be agreed to. mittees of Congress a report on the review The committee amendments were required by subsection (b). The report shall On page 37, after line 3, add the following: agreed to. include any recommendations regarding TITLE VI—DISCLOSURE OF INFORMATION modifications in the role and duties of the ON JAPANESE IMPERIAL ARMY AMENDMENTS NOS. 4280 THROUGH 4285, EN BLOC Director of the National Imagery and Map- SEC. 601. SHORT TITLE. Mr. LOTT. Mr. President, I ask unan- ping Agency that the Secretary considers ap- This title may be cited as the ‘‘Japanese imous consent that the Senate proceed propriate in light of the review. Imperial Army Disclosure Act’’. en bloc to the following amendments (3) In this subsection, the term ‘‘appro- SEC. 602. ESTABLISHMENT OF JAPANESE IMPE- which are at the desk: Warner amend- priate committees of Congress’’ means the RIAL ARMY RECORDS INTERAGENCY ment No. 4280, Specter amendment No. following: WORKING GROUP. 4281, Feinstein amendment No. 4282, (A) The Committee on Armed Services and (a) DEFINITIONS.—In this section: the Select Committee on Intelligence of the (1) AGENCY.—The term ‘‘agency’’ has the Moynihan amendment No. 4283, Kerrey Senate. meaning given such term under section 551 of amendment No. 4284, and the Shelby- (B) The Committee on Armed Services and title 5, United States Code. Bryan amendment No. 4285. I further the Permanent Select Committee on Intel- (2) INTERAGENCY GROUP.—The term ‘‘Inter- ask unanimous consent that the ligence of the House of Representatives. agency Group’’ means the Japanese Imperial

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9582 CONGRESSIONAL RECORD — SENATE October 2, 2000 Army Records Interagency Working Group Group shall release in their entirety Japa- SEC. 604. EXPEDITED PROCESSING OF FOIA RE- established under subsection (b). nese Imperial Army records. QUESTS FOR JAPANESE IMPERIAL ARMY RECORDS. (3) JAPANESE IMPERIAL ARMY RECORDS.— (b) EXCEPTION FOR PRIVACY.—An agency The term ‘‘Japanese Imperial Army records’’ head may exempt from release under sub- For purposes of expedited processing under means classified records or portions of section (a) specific information, that would— section 552(a)(6)(E) of title 5, United States records that pertain to any person with re- (1) constitute a clearly unwarranted inva- Code, any person who was persecuted in the spect to whom the United States Govern- sion of personal privacy; manner described in section 602(a)(3) and who ment, in its sole discretion, has grounds to (2) reveal the identity of a confidential requests a Japanese Imperial Army record believe ordered, incited, assisted, or other- human source, or reveal information about shall be deemed to have a compelling need wise participated in the experimentation and the application of an intelligence source or for such record. persecution of any person because of race, re- method, or reveal the identity of a human SEC. 605. EFFECTIVE DATE. ligion, national origin, or political option, intelligence source when the unauthorized The provisions of this title shall take ef- during the period beginning September 18, disclosure of that source would clearly and fect on the date that is 90 days after the date 1931, and ending on December 31, 1948, under demonstrably damage the national security of the enactment of this Act. the direction of, or in association with— interests of the United States; (A) the Japanese Imperial Army; (3) reveal information that would assist in (B) any government in any area occupied the development or use of weapons of mass AMENDMENT NO. 4283 by the military forces of the Japanese Impe- destruction; (Purpose: To improve the identification, col- rial Army; (4) reveal information that would impair lection, and review for declassification of (C) any government established with the United States cryptologic systems or activi- records and materials that are of archival assistance or cooperation of the Japanese ties; value or extraordinary public interest to Imperial Army; or (5) reveal information that would impair the people of the United States) (D) any government which was an ally of the application of state-of-the-art tech- (The text of the amendment is print- the Imperial Army of Japan. nology within a United States weapon sys- ed in today’s RECORD under ‘‘Amend- (4) RECORD.—The term ‘‘record’’ means a tem; Japanese Imperial Army record. (6) reveal actual United States military ments Submitted.’’) (b) ESTABLISHMENT OF INTERAGENCY war plans that remain in effect; AMENDMENT NO. 4284 GROUP.— (7) reveal information that would seriously (Purpose: To honor the outstanding con- (1) IN GENERAL.—Not later than 60 days and demonstrably impair relations between tributions of Senator Daniel Patrick Moy- after the date of the enactment of this Act, the United States and a foreign government, nihan toward the redevelopment of Penn- the President shall establish the Japanese or seriously and demonstrably undermine sylvania Avenue, Washington, DC) Imperial Army Records Interagency Working ongoing diplomatic activities of the United Group, which shall remain in existence for 3 States; At the end of title III, add the following: years after the date the Interagency Group is (8) reveal information that would clearly, SEC. 3ll. DESIGNATION OF DANIEL PATRICK established. and demonstrably impair the current ability MOYNIHAN PLACE. (2) MEMBERSHIP.—The President shall ap- of United States Government officials to pro- (a) FINDINGS.—Congress finds that— point to the Interagency Group individuals tect the President, Vice President, and other (1) during the second half of the twentieth whom the President determines will most officials for whom protection services are au- century, Senator Daniel Patrick Moynihan completely and effectively carry out the thorized in the interest of national security; promoted the importance of architecture and functions of the Interagency Group within (9) reveal information that would seriously urban planning in the Nation’s Capital, par- the time limitations provided in this section, and demonstrably impair current national ticularly with respect to the portion of including the Historian of the Department of security emergency preparedness plans; or Pennsylvania Avenue between the White State, the Archivist of the United States, (10) violate a treaty or other international House and the United States Capitol (re- the head of any other agency the President agreement. ferred to in this subsection as the ‘‘Ave- considers appropriate, and no more than 3 (c) APPLICATIONS OF EXEMPTIONS.— nue’’); other persons. The head of an agency ap- (1) IN GENERAL.—In applying the exemp- (2) Senator Moynihan has stressed the pointed by the President may designate an tions provided in paragraphs (2) through (10) unique significance of the Avenue as con- appropriate officer to serve on the Inter- of subsection (b), there shall be a presump- ceived by Pierre Charles L’Enfant to be the agency Group in lieu of the head of such tion that the public interest will be served ‘‘grand axis’’ of the Nation’s Capital as well agency. by disclosure and release of the records of as a symbolic representation of the separate (3) INITIAL MEETING.—Not later than 90 the Japanese Imperial Army. The exemption yet unified branches of the United States days after the date of the enactment of this may be asserted only when the head of the Government; Act, the Interagency Group shall hold an ini- agency that maintains the records deter- (3) through his service to the Ad Hoc Com- tial meeting and begin the functions re- mines that disclosure and release would be mittee on Federal Office Space (1961–1962), as quired under this section. harmful to a specific interest identified in a member of the President’s Council on (c) FUNCTIONS.—Not later than 1 year after the exemption. An agency head who makes Pennsylvania Avenue (1962–1964), and as vice- the date of the enactment of this Act, the such a determination shall promptly report chairman of the President’s Temporary Com- Interagency Group shall, to the greatest ex- it to the committees of Congress with appro- mission on Pennsylvania Avenue (1965–1969), tent possible consistent with section 603— priate jurisdiction, including the Committee and in his various capacities in the executive (1) locate, identify, inventory, recommend on the Judiciary and the Select Committee and legislative branches, Senator Moynihan for declassification, and make available to on Intelligence of the Senate and the Com- has consistently and creatively sought to the public at the National Archives and mittee on Government Reform and Oversight fulfill President Kennedy’s recommendation Records Administration, all classified Japa- and the Permanent Select Committee on In- of June 1, 1962, that the Avenue not become nese Imperial Army records of the United telligence of the House of Representatives. a ‘‘solid phalanx of public and private office States; (2) APPLICATION OF TITLE 5.—A determina- buildings which close down completely at (2) coordinate with agencies and take such tion by an agency head to apply an exemp- night and on weekends,’’ but that it be ‘‘live- actions as necessary to expedite the release tion provided in paragraphs (2) through (9) of ly, friendly, and inviting, as well as dignified of such records to the public; and subsection (b) shall be subject to the same and impressive’’; (3) submit a report to Congress, including standard of review that applies in the case of (4)(A) Senator Moynihan helped draft a the Committee on Government Reform and records withheld under section 552(b)(1) of Federal architectural policy, known as the Oversight of the House of Representatives, title 5, United States Code. ‘‘Guiding Principles for Federal Architec- the Select Committee on Intelligence of the (d) LIMITATION ON EXEMPTIONS.— ture,’’ that recommends a choice of designs Senate, the Permanent Select Committee on (1) IN GENERAL.—The exemptions set forth that are ‘‘efficient and economical’’ and that Intelligence of the House of Representatives, in subsection (b) shall constitute the only provide ‘‘visual testimony to the dignity, en- and the Committee on the Judiciary of the grounds pursuant to which an agency head terprise, vigor, and stability’’ of the United Senate, describing all such records, the dis- may exempt records otherwise subject to re- States Government; and position of such records, and the activities of lease under subsection (a). (B) the Guiding Principles for Federal Ar- the Interagency Group and agencies under (2) RECORDS RELATED TO INVESTIGATION OR chitecture further state that the ‘‘develop- this section. PROSECUTIONS.—This section shall not apply ment of an official style must be avoided. (d) FUNDING.—There is authorized to be ap- to records— Design must flow from the architectural pro- propriated such sum as may be necessary to (A) related to or supporting any active or fession to the Government, and not vice carry out the provisions of this title. inactive investigation, inquiry, or prosecu- versa.’’; SEC. 603. REQUIREMENT OF DISCLOSURE OF tion by the Office of Special Investigations (5) Senator Moynihan has encouraged— RECORDS. of the Department of Justice; or (A) the construction of new buildings along (a) RELEASE OF RECORDS.—Subject to sub- (B) solely in the possession, custody, or the Avenue, such as the Ronald Reagan sections (b), (c), and (d), the Japanese Impe- control of the Office of Special Investiga- Building and International Trade Center; rial Army Records Interagency Working tions. and

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9583 (B) the establishment of an academic insti- ing authority or permission to have access to (2) If the prohibition in paragraph (1) takes tution along the Avenue, namely the Wood- the classified information pursuant to the effect in accordance with that paragraph, the row Wilson International Center for Schol- provisions of a statute, Executive Order, reg- prohibition ars, a living memorial to President Wilson; ulation, or directive of the head of any de- On page 17, beginning on line 1, strike ‘‘and and partment or agency who is empowered to Executive Orders’’. (6) as Senator Moynihan’s service in the classify information, an order of any United On page 17, strike line 3 and insert the fol- Senate concludes, it is appropriate to com- States court, or a provision of any Resolu- lowing: memorate his legacy of public service and tion of the Senate or Rule of the House of (e) WAIVER BY DIRECTOR OF CENTRAL INTEL- his commitment to thoughtful urban design Representatives which governs release of LIGENCE.—(1) The Director of Central Intel- in the Nation’s Capital. classified information by such House of Con- ligence may (b) DESIGNATION.—The parcel of land lo- gress. On page 17, beginning on line 4, strike cated in the northwest quadrant of Wash- ‘‘(2) The term ‘classified information’ ‘‘subsection (d)(2)’’ and insert ‘‘subsection ington, District of Columbia, and described means information or material properly (d)’’. in subsection (c) shall be known and des- classified and clearly marked or represented, On page 17, line 6, strike ‘‘the President’’ ignated as ‘‘Daniel Patrick Moynihan or that the person knows or has reason to be- and insert ‘‘the Director’’. On page 17, line 9, strike ‘‘The President’’ Place’’. lieve has been properly classified by appro- and insert ‘‘The Director’’. (c) BOUNDARIES.—The parcel of land de- priate authorities, pursuant to the provi- On page 17, between lines 17 and 18, insert scribed in this subsection is the portion of sions of a statute or Executive Order, as re- the following: Woodrow Wilson Plaza (as designated by quiring protection against unauthorized dis- (C) The actions, if any, that will be taken Public Law 103–284 (108 Stat. 1448)) that is closure for reasons of national security. to bring such element into full compliance bounded— On page 12, strike line 21 and all that fol- with the directives referred to in subsection (1) on the west by the eastern facade of the lows through page 13, line 16, and insert the (a), including a schedule for completion of Ronald Reagan Building and International following: such actions. ‘‘SEC. 115. (a) REQUIREMENT.—(1) The Direc- Trade Center; On page 17, line 18, strike ‘‘(C) The actions tor of Central Intelligence shall, in consulta- (2) on the east by the western facade of the taken by the President’’ and insert ‘‘(D) The tion with the Secretary of Defense, establish Ariel Rios Building; actions taken by the Director’’. (3) on the north by the southern edge of the and maintain in the intelligence community On page 17, line 20, insert before the period sidewalk abutting Pennsylvania Avenue; and an analytic capability with responsibility for the following: ‘‘pending achievement of full (4) on the south by the line that, bisecting intelligence in support of the activities of compliance of such element with such direc- the atrium of the Ronald Reagan Building the United States relating to unaccounted tives’’. and International Trade Center, continues for United States personnel. east to bisect the western hemicycle of the ‘‘(2) The analytic capability maintained Mr. LOTT. Mr. President, I ask unan- Ariel Rios Building. under paragraph (1) shall be known as the imous consent that the bill be read the (d) REFERENCES.—Any reference in a law, ‘POW/MIA analytic capability of the intel- third time and the Senate proceed to map, regulation, document, paper, or other ligence community’. the consideration of H.R. 4392. Further, record of the United States to the parcel of ‘‘(b) SCOPE OF RESPONSIBILITY.—The re- I ask unanimous consent that all after land described in subsection (c) shall be sponsibilities of the analytic capability the enacting clause be stricken and the maintained under subsection (a) shall— deemed to be a reference to Daniel Patrick text of S. 2507, as amended, be inserted Moynihan Place. ‘‘(1) extend to any activities of the Federal Government with respect to unaccounted for in lieu thereof, the bill be read the AMENDMENT NO. 4285 United States personnel after December 31, third time and passed, the Senate in- 1999; and sist on its amendment, request a con- On page 10, strike line 11 and all that fol- ‘‘(2) include support for any department or lows through page 12, line 2, and insert the ference with the House, and the Chair agency of the Federal Government engaged following: be authorized to appoint conferees on in such activities. ‘‘(a) PROHIBITION.—Whoever, being an offi- the part of the Senate. Finally, I ask ‘‘(c) UNACCOUNTED FOR UNITED STATES PER- cer or employee of the United States, a unanimous consent that S. 2507 be SONNEL DEFINED.—In this section, the term former or retired officer or employee of the ‘unaccounted for United States personnel’ placed back on the calendar. United States, any other person with author- means the following: The PRESIDING OFFICER. Without ized access to classified information, or any ‘‘(1) Any missing person (as that term is objection, it is so ordered. other person formerly with authorized access defined in section 1513(1) of title 10, United The bill (S. 2507), as amended, was to classified information, knowingly and States Code). read the third time. willfully discloses, or attempts to disclose, ‘‘(2) Any United States national who was The bill (H.R. 4392), as amended, was any classified information acquired as a re- killed while engaged in activities on behalf sult of such person’s authorized access to read the third time and passed, as fol- of the United States Government and whose classified information to a person (other lows: remains have not been repatriated to the than an officer or employee of the United Resolved, That the bill from the House of United States.’’. States) who is not authorized access to such Representatives (H.R. 4392) entitled ‘‘An Act On page 14, beginning on line 11, strike classified information, knowing that the per- to authorize appropriations for fiscal year ‘‘acting at their direction’’. 2001 for intelligence and intelligence-related son is not authorized access to such classi- On page 14, line 13, insert ‘‘, and at the di- activities of the United States Government, fied information, shall be fined under this rection of,’’ after ‘‘on behalf of’’. title, imprisoned not more than 3 years, or the Community Management Account, and On page 14, line 16, strike ‘‘AUTHORIZED AC- both. the Central Intelligence Agency Retirement TIVITIES.—An activity’’ and insert ‘‘AUTHOR- ‘‘(b) CONSTRUCTION OF PROHIBITION.—Noth- and Disability System, and for other pur- IZED INTELLIGENCE ACTIVITIES.—An intel- ing in this section shall be construed to es- ligence activity’’. poses.’’, do pass with the following amend- tablish criminal liability for disclosure of On page 14, line 18, insert ‘‘intelligence’’ ment: Strike out all after the enacting clause and classified information in accordance with ap- before ‘‘activity’’. plicable law to the following: On page 15, beginning on line 9, strike ‘‘, insert: ‘‘(1) Any justice or judge of a court of the and all applicable Executive Orders,’’. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. United States established pursuant to article On page 15, line 11, strike ‘‘materials’’ and (a) SHORT TITLE.—This Act may be cited as III of the Constitution of the United States. insert ‘‘material’’. the ‘‘Intelligence Authorization Act for Fiscal ‘‘(2) The Senate or House of Representa- On page 15, line 15, strike ‘‘and Executive Year 2001’’. tives, or any committee or subcommittee Orders’’. (b) TABLE OF CONTENTS.—The table of con- thereof, or joint committee thereof, or any On page 15, line 18, strike ‘‘or Executive tents for this Act is as follows: member of Congress. Order’’. Sec. 1. Short title; table of contents. ‘‘(3) A person or persons acting on behalf of On page 15, line 22, strike ‘‘or Executive TITLE I—INTELLIGENCE ACTIVITIES a foreign power (including an international Order’’. Sec. 101. Authorization of appropriations. organization) if the disclosure— On page 15, strike line 25 and all that fol- Sec. 102. Classified schedule of authorizations. ‘‘(A) is made by an officer or employee of lows through page 16, line 16, and insert the Sec. 103. Personnel ceiling adjustments. the United States who has been authorized following: Sec. 104. Community Management Account. to make the disclosure; and (d) EFFECTS OF CERTIFICATION OF NON-FULL TITLE II—CENTRAL INTELLIGENCE AGEN- ‘‘(B) is within the scope of such officer’s or COMPLIANCE.—(1) Subject to subsection (e), CY RETIREMENT AND DISABILITY SYS- employee’s duties. effective as of January 1, 2001, a covered ele- TEM ‘‘(4) Any other person authorized to receive ment of the Department of State the classified information. On page 16, line 20, strike ‘‘and Executive Sec. 201. Authorization of appropriations. ‘‘(c) DEFINITIONS.—In this section: Orders’’. TITLE III—GENERAL PROVISIONS ‘‘(1) The term ‘authorized’, in the case of On page 16, strike lines 22 and 23 and insert Sec. 301. Increase in employee compensation access to classified information, means hav- the following: and benefits authorized by law.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 6343 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9584 CONGRESSIONAL RECORD — SENATE October 2, 2000 Sec. 302. Restriction on conduct of intelligence Sec. 702. Establishment of Japanese Imperial such action is necessary to the performance of activities. Army Records Interagency Work- important intelligence functions, except that the Sec. 303. Prohibition on unauthorized disclo- ing Group. number of personnel employed in excess of the sure of classified information. Sec. 703. Requirement of disclosure of records. number authorized under such section may not, Sec. 304. POW/MIA analytic capability within Sec. 704. Expedited processing of FOIA requests for any element of the intelligence community, the intelligence community. for Japanese Imperial Army exceed two percent of the number of civilian Sec. 305. Applicability to lawful United States records. personnel authorized under such section for intelligence activities of Federal Sec. 705. Effective date. such element. laws implementing international TITLE VIII—DECLASSIFICATION OF (b) NOTICE TO INTELLIGENCE COMMITTEES.— treaties and agreements. INFORMATION The Director of Central Intelligence shall Sec. 306. Limitation on handling, retention, promptly notify the Select Committee on Intel- Sec. 801. Short title. and storage of certain classified ligence of the Senate and the Permanent Select Sec. 802. Findings. materials by the Department of Committee on Intelligence of the House of Rep- Sec. 803. Public Interest Declassification Board. State. resentatives whenever the Director exercises the Sec. 804. Identification, collection, and review Sec. 307. Clarification of standing of United authority granted by this section. States citizens to challenge cer- for declassification of information SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. tain blocking of assets. of archival value or extraordinary (a) AUTHORIZATION OF APPROPRIATIONS.— Sec. 308. Availability of certain funds for ad- public interest. (1) IN GENERAL.—There is authorized to be ap- ministrative costs of Counterdrug Sec. 805. Protection of national security infor- propriated for the Community Management Ac- Intelligence Executive Secretariat. mation and other information. count of the Director of Central Intelligence for Sec. 309. Designation of Daniel Patrick Moy- Sec. 806. Standards and procedures. fiscal year 2001 the sum of $232,051,000. nihan Place. Sec. 807. Judicial review. (2) AVAILABILITY FOR ADVANCED RESEARCH Sec. 808. Funding. TITLE IV—CENTRAL INTELLIGENCE AND DEVELOPMENT COMMITTEE.—Within the Sec. 809. Definitions. AGENCY amount authorized to be appropriated in para- Sec. 810. Sunset. Sec. 401. Expansion of Inspector General ac- graph (1), amounts identified in the classified tions requiring a report to Con- TITLE I—INTELLIGENCE ACTIVITIES Schedule of Authorizations referred to in section gress. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 102(a) for the Advanced Research and Develop- Sec. 402. Subpoena authority of the Inspector (a) AUTHORIZATION OF APPROPRIATIONS FOR ment Committee shall remain available until General. FISCAL YEAR 2001.—Funds are hereby author- September 30, 2002. Sec. 403. Improvement and extension of central ized to be appropriated for fiscal year 2001 for (b) AUTHORIZED PERSONNEL LEVELS.—The ele- services program. the conduct of the intelligence and intelligence- ments within the Community Management Ac- Sec. 404. Details of employees to the National related activities of the following elements of the count of the Director of Central Intelligence are Reconnaissance Office. United States Government: authorized a total of 618 full-time personnel as Sec. 405. Transfers of funds to other agencies (1) The Central Intelligence Agency. of September 30, 2001. Personnel serving in such for acquisition of land. elements may be permanent employees of the Sec. 406. Eligibility of additional employees for (2) The Department of Defense. Community Management Account element or reimbursement for professional li- (3) The Defense Intelligence Agency. personnel detailed from other elements of the ability insurance. (4) The National Security Agency. (5) The National Reconnaissance Office. United States Government. TITLE V—DEPARTMENT OF DEFENSE (6) The National Imagery and Mapping Agen- (c) CLASSIFIED AUTHORIZATIONS.— INTELLIGENCE ACTIVITIES cy. (1) AUTHORIZATION OF APPROPRIATIONS.—In Sec. 501. Two-year extension of authority to en- (7) The Department of the Army, the Depart- addition to amounts authorized to be appro- gage in commercial activities as ment of the Navy, and the Department of the priated for the Community Management Ac- security for intelligence collection Air Force. count by subsection (a), there is also authorized activities. (8) The Department of State. to be appropriated for the Community Manage- Sec. 502. Role of Director of Central Intelligence (9) The Department of the Treasury. ment Account for fiscal year 2001 such addi- in experimental personnel pro- (10) The Department of Energy. tional amounts as are specified in the classified gram for certain scientific and (11) The Federal Bureau of Investigation. Schedule of Authorizations referred to in section technical personnel. (b) AUTHORIZATION OF APPROPRIATIONS FOR 102(a). Sec. 503. Prohibition on transfer of imagery an- CERTAIN ELEMENTS FOR FISCAL YEARS 2002 (2) AUTHORIZATION OF PERSONNEL.—In addi- alysts from General Defense Intel- THROUGH 2005.—Funds are hereby authorized to tion to the personnel authorized by subsection ligence Program to National Im- be appropriated for each of fiscal years 2002 (b) for elements of the Community Management agery and Mapping Agency Pro- through 2005 for the conduct in each such fiscal Account as of September 30, 2001, there is hereby gram. year of the intelligence and intelligence-related authorized such additional personnel for such Sec. 504. Prohibition on transfer of collection activities of the following elements of the United elements as of that date as is specified in the management personnel from Gen- States Government: classified Schedule of Authorizations. eral Defense Intelligence Program (1) The Central Intelligence Agency. (d) REIMBURSEMENT.—Except as provided in to Community Management Ac- (2) The Defense Intelligence Agency. section 113 of the National Security Act of 1947 count. (50 U.S.C. 404h), during fiscal year 2001, any of- Sec. 505. Authorized personnel ceiling for Gen- (3) The National Security Agency. (4) The National Reconnaissance Office. ficer or employee of the United States or member eral Defense Intelligence Program. of the Armed Forces who is detailed to the staff Sec. 506. Measurement and signature intel- SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- of an element within the Community Manage- TIONS. ligence. ment Account from another element of the (a) SPECIFICATIONS OF AMOUNTS AND PER- TITLE VI—COUNTERINTELLIGENCE United States Government shall be detailed on a SONNEL CEILINGS.—The amounts authorized to MATTERS reimbursable basis, except that any such officer, be appropriated under section 101, and the au- Sec. 601. Short title. employee, or member may be detailed on a non- thorized personnel ceilings as of September 30, Sec. 602. Orders for electronic surveillance reimbursable basis for a period of less than one 2001, for the conduct of the intelligence and in- under the Foreign Intelligence year for the performance of temporary functions telligence-related activities of the elements listed Surveillance Act of 1978. as required by the Director of Central Intel- in such section, are those specified in the classi- Sec. 603. Orders for physical searches under the ligence. fied Schedule of Authorizations prepared to ac- Foreign Intelligence Surveillance (e) NATIONAL DRUG INTELLIGENCE CENTER.— Act of 1978. company the conference report on the bill (1) IN GENERAL.—Of the amount authorized to Sec. 604. Disclosure of information acquired llll of the One Hundred Sixth Congress. be appropriated in subsection (a), $27,000,000 under the Foreign Intelligence (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF shall be available for the National Drug Intel- Surveillance Act of 1978 for law AUTHORIZATIONS.—The Schedule of Authoriza- ligence Center. Within such amount, funds pro- enforcement purposes. tions shall be made available to the Committees vided for research, development, test, and eval- Sec. 605. Coordination of counterintelligence on Appropriations of the Senate and House of uation purposes shall remain available until with the Federal Bureau of Inves- Representatives and to the President. The Presi- September 30, 2002, and funds provided for pro- tigation. dent shall provide for suitable distribution of curement purposes shall remain available until Sec. 606. Enhancing protection of national se- the Schedule, or of appropriate portions of the September 30, 2003. curity at the Department of Jus- Schedule, within the Executive Branch. (2) TRANSFER OF FUNDS.—The Director of Cen- tice. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. tral Intelligence shall transfer to the Attorney Sec. 607. Coordination requirements relating to (a) AUTHORITY FOR ADJUSTMENTS.—With the General of the United States funds available for the prosecution of cases involving approval of the Director of the Office of Man- the National Drug Intelligence Center under classified information. agement and Budget, the Director of Central In- paragraph (1). The Attorney General shall uti- Sec. 608. Severability. telligence may authorize employment of civilian lize funds so transferred for activities of the Na- TITLE VII—DISCLOSURE OF INFORMATION personnel in excess of the number authorized for tional Drug Intelligence Center. ON JAPANESE IMPERIAL ARMY fiscal year 2001 under section 102 when the Di- (3) LIMITATION.—Amounts available for the Sec. 701. Short title. rector of Central Intelligence determines that National Drug Intelligence Center may not be

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9585 used in contravention of the provisions of sec- a statute, Executive Order, regulation, or direc- international agreement shall be construed as tion 103(d)(1) of the National Security Act of tive of the head of any department or agency making unlawful an otherwise lawful and au- 1947 (50 U.S.C. 403–3(d)(1)). who is empowered to classify information, an thorized intelligence activity of the United (4) AUTHORITY.—Notwithstanding any other order of any United States court, or a provision States Government or its employees, or any provision of law, the Attorney General shall re- of any Resolution of the Senate or Rule of the other person to the extent such other person is tain full authority over the operations of the House of Representatives which governs release carrying out such activity on behalf of, and at National Drug Intelligence Center. of classified information by such House of Con- the direction of, the United States, unless such TITLE II—CENTRAL INTELLIGENCE AGEN- gress. Federal law specifically addresses such intel- CY RETIREMENT AND DISABILITY SYS- ‘‘(2) The term ‘classified information’ means ligence activity. TEM information or material properly classified and ‘‘(b) AUTHORIZED INTELLIGENCE ACTIVITIES.— clearly marked or represented, or that the per- An intelligence activity shall be treated as au- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. son knows or has reason to believe has been thorized for purposes of subsection (a) if the in- There is authorized to be appropriated for the properly classified by appropriate authorities, telligence activity is authorized by an appro- Central Intelligence Agency Retirement and Dis- pursuant to the provisions of a statute or Execu- priate official of the United States Government, ability Fund for fiscal year 2001 the sum of tive Order, as requiring protection against un- acting within the scope of the official duties of $216,000,000. authorized disclosure for reasons of national se- that official and in compliance with Federal law TITLE III—GENERAL PROVISIONS curity. and any applicable Presidential directive.’’. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- ‘‘(3) The term ‘officer or employee of the SEC. 306. LIMITATION ON HANDLING, RETEN- TION AND BENEFITS AUTHORIZED United States’ means the following: TION, AND STORAGE OF CERTAIN BY LAW. ‘‘(A) An officer or employee (as those terms CLASSIFIED MATERIALS BY THE DE- Appropriations authorized by this Act for sal- are defined in sections 2104 and 2105 of title 5). PARTMENT OF STATE. ary, pay, retirement, and other benefits for Fed- ‘‘(B) An officer or enlisted member of the (a) CERTIFICATION REGARDING FULL COMPLI- eral employees may be increased by such addi- Armed Forces (as those terms are defined in sec- ANCE WITH REQUIREMENTS.—The Director of tional or supplemental amounts as may be nec- tion 101(b) of title 10).’’. Central Intelligence shall certify to the appro- essary for increases in such compensation or (b) CLERICAL AMENDMENT.—The table of sec- priate committees of Congress whether or not benefits authorized by law. tions at the beginning of that chapter is amend- each covered element of the Department of State is in full compliance with all applicable direc- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- ed by striking the item relating to section 798A LIGENCE ACTIVITIES. and inserting the following new items: tives of the Director of Central Intelligence re- lating to the handling, retention, or storage of The authorization of appropriations by this ‘‘798A. Unauthorized disclosure of classified in- covered classified material. Act shall not be deemed to constitute authority formation. (b) LIMITATION ON CERTIFICATION.—The Di- for the conduct of any intelligence activity ‘‘798B. Temporary extension of section 794.’’. rector of Central Intelligence may not certify a which is not otherwise authorized by the Con- SEC. 304. POW/MIA ANALYTIC CAPABILITY WITHIN covered element of the Department of State as stitution or the laws of the United States. THE INTELLIGENCE COMMUNITY. being in full compliance with the directives re- SEC. 303. PROHIBITION ON UNAUTHORIZED DIS- Title I of the National Security Act of 1947 (50 ferred to in subsection (a) if the covered element CLOSURE OF CLASSIFIED INFORMA- U.S.C. 402 et seq.) is amended by adding at the TION. is currently subject to a waiver of compliance end the following: with respect to any such directive. (a) IN GENERAL.—Chapter 37 of title 18, ‘‘POW/MIA ANALYTIC CAPABILITY (c) REPORT ON NONCOMPLIANCE.—Whenever United States Code, is amended— ‘‘SEC. 115. (a) REQUIREMENT.—(1) The Direc- the Director of Central Intelligence determines (1) by redesignating section 798A as section tor of Central Intelligence shall, in consultation that a covered element of the Department of 798B; and with the Secretary of Defense, establish and State is not in full compliance with any direc- (2) by inserting after section 798 the following maintain in the intelligence community an ana- tive referred to in subsection (a), the Director new section 798A: lytic capability with responsibility for intel- shall promptly notify the appropriate commit- ‘‘§ 798A. Unauthorized disclosure of classified ligence in support of the activities of the United tees of Congress of such determination. information States relating to unaccounted for United States (d) EFFECTS OF CERTIFICATION OF NON-FULL ‘‘(a) PROHIBITION.—Whoever, being an officer personnel. COMPLIANCE.—(1) Subject to subsection (e), ef- or employee of the United States, a former or re- ‘‘(2) The analytic capability maintained under fective as of January 1, 2001, a covered element tired officer or employee of the United States, paragraph (1) shall be known as the ‘POW/MIA of the Department of State may not retain or any other person with authorized access to clas- analytic capability of the intelligence commu- store covered classified information unless the sified information, or any other person formerly nity’. Director has certified under subsection (a) as of with authorized access to classified information, ‘‘(b) SCOPE OF RESPONSIBILITY.—The respon- such date that the covered element is in full knowingly and willfully discloses, or attempts to sibilities of the analytic capability maintained compliance with the directives referred to in disclose, any classified information acquired as under subsection (a) shall— subsection (a). a result of such person’s authorized access to ‘‘(1) extend to any activities of the Federal (2) If the prohibition in paragraph (1) takes classified information to a person (other than Government with respect to unaccounted for effect in accordance with that paragraph, the an officer or employee of the United States) who United States personnel after December 31, 1999; prohibition shall remain in effect until the date is not authorized access to such classified infor- and on which the Director certifies under subsection mation, knowing that the person is not author- ‘‘(2) include support for any department or (a) that the covered element involved is in full ized access to such classified information, shall agency of the Federal Government engaged in compliance with the directives referred to in be fined under this title, imprisoned not more such activities. that subsection. than 3 years, or both. ‘‘(c) UNACCOUNTED FOR UNITED STATES PER- (e) WAIVER BY DIRECTOR OF CENTRAL INTEL- ‘‘(b) CONSTRUCTION OF PROHIBITION.—Noth- SONNEL DEFINED.—In this section, the term ‘un- LIGENCE.—(1) The Director of Central Intel- ing in this section shall be construed to establish accounted for United States personnel’ means ligence may waive the applicability of the prohi- criminal liability for disclosure of classified in- the following: bition in subsection (d) to an element of the De- formation in accordance with applicable law to ‘‘(1) Any missing person (as that term is de- partment of State otherwise covered by such the following: fined in section 1513(1) of title 10, United States prohibition if the Director determines that the ‘‘(1) Any justice or judge of a court of the Code). waiver is in the national security interests of United States established pursuant to article III ‘‘(2) Any United States national who was the United States. of the Constitution of the United States. killed while engaged in activities on behalf of (2) The Director shall submit to appropriate ‘‘(2) The Senate or House of Representatives, the United States Government and whose re- committees of Congress a report on each exercise or any committee or subcommittee thereof, or mains have not been repatriated to the United of the waiver authority in paragraph (1). (3) Each report under paragraph (2) with re- joint committee thereof, or any member of Con- States.’’. spect to the exercise of authority under para- gress. SEC. 305. APPLICABILITY TO LAWFUL UNITED graph (1) shall set forth the following: ‘‘(3) A person or persons acting on behalf of a STATES INTELLIGENCE ACTIVITIES (A) The covered element of the Department of foreign power (including an international orga- OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND State addressed by the waiver. nization) if the disclosure— AGREEMENTS. (B) The reasons for the waiver. ‘‘(A) is made by an officer or employee of the The National Security Act of 1947 (50 U.S.C. (C) The actions, if any, that will be taken to United States who has been authorized to make 401 et seq.) is amended by adding at the end the bring such element into full compliance with the the disclosure; and following: directives referred to in subsection (a), including ‘‘(B) is within the scope of such officer’s or ‘‘TITLE X—MISCELLANEOUS a schedule for completion of such actions. employee’s duties. (D) The actions taken by the Director to pro- ‘‘(4) Any other person authorized to receive ‘‘APPLICABILITY TO UNITED STATES INTELLIGENCE tect any covered classified material to be han- the classified information. ACTIVITIES OF FEDERAL LAWS IMPLEMENTING dled, retained, or stored by such element pend- ‘‘(c) DEFINITIONS.—In this section: INTERNATIONAL TREATIES AND AGREEMENTS ing achievement of full compliance of such ele- ‘‘(1) The term ‘authorized’, in the case of ac- ‘‘SEC. 1001. (a) IN GENERAL.—No Federal law ment with such directives. cess to classified information, means having au- enacted on or after the date of the enactment of (f) DEFINITIONS.—In this section: thority or permission to have access to the clas- the Intelligence Authorization Act for Fiscal (1) The term ‘‘appropriate committees of Con- sified information pursuant to the provisions of Year 2001 that implements a treaty or other gress’’ means the following:

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9586 CONGRESSIONAL RECORD — SENATE October 2, 2000 (A) The Select Committee on Intelligence and member of the President’s Council on Pennsyl- ‘‘(III) Deputy Director for Intelligence; the Committee on Foreign Relations of the Sen- vania Avenue (1962–1964), and as vice-chairman ‘‘(IV) Deputy Director for Administration; or ate. of the President’s Temporary Commission on ‘‘(V) Deputy Director for Science and Tech- (B) The Permanent Select Committee on Intel- Pennsylvania Avenue (1965–1969), and in his nology; ligence and the Committee on International Re- various capacities in the executive and legisla- ‘‘(C) a matter requires a report by the Inspec- lations of the House of Representatives. tive branches, Senator Moynihan has consist- tor General to the Department of Justice on pos- (2) The term ‘‘covered classified material’’ ently and creatively sought to fulfill President sible criminal conduct by a current or former means any material classified at the Sensitive Kennedy’s recommendation of June 1, 1962, that Agency official described or referred to in sub- Compartmented Information (SCI) level. the Avenue not become a ‘‘solid phalanx of pub- paragraph (B); (3) The term ‘‘covered element of the Depart- lic and private office buildings which close ‘‘(D) the Inspector General becomes aware of ment of State’’ means each element of the De- down completely at night and on weekends,’’ the possible criminal conduct of a current or partment of State that handles, retains, or but that it be ‘‘lively, friendly, and inviting, as former Agency official described or referred to in stores covered classified material. well as dignified and impressive’’; subparagraph (B) through a means other than (4) The term ‘‘material’’ means any data, re- (4)(A) Senator Moynihan helped draft a Fed- an investigation, inspection, or audit and such gardless of physical form or characteristic, in- eral architectural policy, known as the ‘‘Guid- conduct is not referred to the Department of cluding written or printed matter, automated in- ing Principles for Federal Architecture,’’ that Justice; or formation systems storage media, maps, charts, recommends a choice of designs that are ‘‘effi- ‘‘(E) the Inspector General, after exhausting paintings, drawings, films, photographs, cient and economical’’ and that provide ‘‘visual all possible alternatives, is unable to obtain sig- engravings, sketches, working notes, papers, re- testimony to the dignity, enterprise, vigor, and nificant documentary information in the course productions of any such things by any means or stability’’ of the United States Government; and of an investigation, inspection, or audit, process, and sound, voice, magnetic, or elec- (B) the Guiding Principles for Federal Archi- the Inspector General shall immediately submit tronic recordings. tecture further state that the ‘‘development of a report on such matter to the intelligence com- (5) The term ‘‘Sensitive Compartmented Infor- an official style must be avoided. Design must mittees.’’. mation (SCI) level’’, in the case of classified ma- flow from the architectural profession to the SEC. 402. SUBPOENA AUTHORITY OF THE INSPEC- terial, means a level of classification for infor- Government, and not vice versa.’’; TOR GENERAL. mation in such material concerning or derived (5) Senator Moynihan has encouraged— (a) CLARIFICATION REGARDING REPORTS ON from intelligence sources, methods, or analytical (A) the construction of new buildings along EXERCISE OF AUTHORITY.—Section 17 of the processes that requires such information to be the Avenue, such as the Ronald Reagan Build- Central Intelligence Agency Act of 1949 (50 handled within formal access control systems es- ing and International Trade Center; and U.S.C. 403q) is amended— tablished by the Director of Central Intelligence. (B) the establishment of an academic institu- (1) in subsection (d)(1), by striking subpara- SEC. 307. CLARIFICATION OF STANDING OF tion along the Avenue, namely the Woodrow graph (E) and inserting the following new sub- UNITED STATES CITIZENS TO CHAL- Wilson International Center for Scholars, a liv- paragraph (E): LENGE CERTAIN BLOCKING OF AS- ing memorial to President Wilson; and ‘‘(E) a description of the exercise of the sub- SETS. (6) as Senator Moynihan’s service in the Sen- poena authority under subsection (e)(5) by the The Foreign Narcotics Kingpin Designation ate concludes, it is appropriate to commemorate Inspector General during the reporting period; Act (title VIII of Public Law 106–120; 113 Stat. his legacy of public service and his commitment and’’; and 1626; 21 U.S.C. 1901 et seq.) is amended by add- to thoughtful urban design in the Nation’s Cap- (2) in subsection (e)(5), by striking subpara- ing at the end the following new section: ital. graph (E). ‘‘SEC. 811. STANDING OF UNITED STATES CITI- (b) DESIGNATION.—The parcel of land located (b) SCOPE OF AUTHORITY.—Subsection ZENS TO CHALLENGE BLOCKING OF in the northwest quadrant of Washington, Dis- (e)(5)(B) of that section is amended by striking ASSETS. trict of Columbia, and described in subsection ‘‘No provision of this title shall be construed ‘‘Government’’ and inserting ‘‘Federal’’. (c) shall be known and designated as ‘‘Daniel SEC. 403. IMPROVEMENT AND EXTENSION OF to prohibit a United States citizen from raising Patrick Moynihan Place’’. any challenge otherwise available to the United CENTRAL SERVICES PROGRAM. (c) BOUNDARIES.—The parcel of land described (a) DEPOSITS IN CENTRAL SERVICES WORKING States citizen under subchapter II of chapter 5 in this subsection is the portion of Woodrow and chapter 7 of title 5, United States Code CAPITAL FUND.—Subsection (c)(2) of section 21 Wilson Plaza (as designated by Public Law 103– of the Central Intelligence Agency Act of 1949 (commonly referred to as the Administrative 284 (108 Stat. 1448)) that is bounded— Procedure Act), or any other provision of law, (50 U.S.C. 403u) is amended— (1) on the west by the eastern facade of the (1) by redesignating subparagraph (F) as sub- with respect to the blocking of assets by the Ronald Reagan Building and International United States under this title.’’. paragraph (H); and Trade Center; (2) by inserting after subparagraph (E) the SEC. 308. AVAILABILITY OF CERTAIN FUNDS FOR (2) on the east by the western facade of the following new subparagraphs: ADMINISTRATIVE COSTS OF Ariel Rios Building; COUNTERDRUG INTELLIGENCE EX- ‘‘(F) Receipts from individuals in reimburse- ECUTIVE SECRETARIAT. (3) on the north by the southern edge of the ment for utility services and meals provided Notwithstanding section 1346 of title 31, sidewalk abutting Pennsylvania Avenue; and under the program. United States Code, or section 610 of the Treas- (4) on the south by the line that, bisecting the ‘‘(G) Receipts from individuals for the rental ury and General Government Appropriations atrium of the Ronald Reagan Building and of property and equipment under the program.’’. Act, 2000 (Public Law 106–58; 113 Stat. 467), International Trade Center, continues east to (b) CLARIFICATION OF COSTS RECOVERABLE funds made available for fiscal year 2000 for any bisect the western hemicycle of the Ariel Rios UNDER PROGRAM.—Subsection (e)(1) of that sec- department or agency of the Federal Govern- Building. tion is amended in the second sentence by in- EFERENCES.—Any reference in a law, ment with authority to conduct counterdrug in- (d) R serting ‘‘other than structures owned by the map, regulation, document, paper, or other telligence activities, including counterdrug law Agency’’ after ‘‘depreciation of plant and equip- record of the United States to the parcel of land enforcement information-gathering activities, ment’’. described in subsection (c) shall be deemed to be may be available to finance an appropriate (c) FINANCIAL STATEMENTS OF PROGRAM.— a reference to Daniel Patrick Moynihan Place. share of the administrative costs incurred by the Subsection (g)(2) of that section is amended in Department of Justice for the Counterdrug In- TITLE IV—CENTRAL INTELLIGENCE the first sentence by striking ‘‘annual audits telligence Executive Secretariat authorized by AGENCY under paragraph (1)’’ and inserting the fol- lowing: ‘‘financial statements to be prepared the General Counterdrug Intelligence Plan of SEC. 401. EXPANSION OF INSPECTOR GENERAL February 12, 2000. ACTIONS REQUIRING A REPORT TO with respect to the program. Office of Manage- ment and Budget guidance shall also determine SEC. 309. DESIGNATION OF DANIEL PATRICK CONGRESS. MOYNIHAN PLACE. Section 17(d)(3) of the Central Intelligence the procedures for conducting annual audits (a) FINDINGS.—Congress finds that— Agency Act of 1949 (50 U.S.C. 403q(d)(3)) is under paragraph (1).’’. (1) during the second half of the twentieth amended by striking all that follows after sub- (d) EXTENSION OF PROGRAM.—Subsection century, Senator Daniel Patrick Moynihan pro- paragraph (A) and inserting the following: (h)(1) of that section is amended by striking moted the importance of architecture and urban ‘‘(B) an investigation, inspection, or audit ‘‘March 31, 2002’’ and inserting ‘‘March 31, planning in the Nation’s Capital, particularly carried out by the Inspector General should 2005’’. with respect to the portion of Pennsylvania Ave- focus on any current or former Agency official SEC. 404. DETAILS OF EMPLOYEES TO THE NA- nue between the White House and the United who— TIONAL RECONNAISSANCE OFFICE. States Capitol (referred to in this subsection as ‘‘(i) holds or held a position in the Agency The Central Intelligence Agency Act of 1949 the ‘‘Avenue’’); that is subject to appointment by the President, (50 U.S.C. 403a et seq.) is amended by adding at (2) Senator Moynihan has stressed the unique by and with the advise and consent of the Sen- the end the following new section: significance of the Avenue as conceived by ate, including such a position held on an acting ‘‘DETAILS OF EMPLOYEES Pierre Charles L’Enfant to be the ‘‘grand axis’’ basis; or ‘‘SEC. 22. The Director may— of the Nation’s Capital as well as a symbolic ‘‘(ii) holds or held the position in the Agency, ‘‘(1) detail any personnel of the Agency on a representation of the separate yet unified including such a position held on an acting reimbursable basis indefinitely to the National branches of the United States Government; basis, of— Reconnaissance Office without regard to any (3) through his service to the Ad Hoc Com- ‘‘(I) Executive Director; limitation under law on the duration of details mittee on Federal Office Space (1961–1962), as a ‘‘(II) Deputy Director for Operations; of Federal government personnel; and

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9587 ‘‘(2) hire personnel for the purpose of details Secretary shall respond to such request not later (1) The Committee on Armed Services and the under paragraph (1).’’. than 30 days after the date of such request. Select Committee on Intelligence of the Senate. SEC. 405. TRANSFERS OF FUNDS TO OTHER AGEN- SEC. 503. PROHIBITION ON TRANSFER OF IM- (2) The Committee on Armed Services and the CIES FOR ACQUISITION OF LAND. AGERY ANALYSTS FROM GENERAL Permanent Select Committee on Intelligence of (a) IN GENERAL.—Section 8 of the Central In- DEFENSE INTELLIGENCE PROGRAM the House of Representatives. telligence Agency Act of 1949 (50 U.S.C. 403j) is TO NATIONAL IMAGERY AND MAP- PING AGENCY PROGRAM. TITLE VI—COUNTERINTELLIGENCE amended by adding at the end the following MATTERS new subsection: (a) PROHIBITION ON USE OF FUNDS FOR SEC. 601. SHORT TITLE. ‘‘(c) TRANSFERS FOR ACQUISITION OF LAND.— TRANSFER.—No funds authorized to be appro- This title may be cited as the ‘‘Counterintel- (1) Sums appropriated or otherwise made avail- priated by this Act may be transferred from the ligence Reform Act of 2000’’. able to the Agency for the acquisition of land General Defense Intelligence Program to the Na- that are transferred to another department or tional Imagery and Mapping Agency Program SEC. 602. ORDERS FOR ELECTRONIC SURVEIL- agency for that purpose shall remain available for purposes of transferring imagery analysis LANCE UNDER THE FOREIGN INTEL- personnel from the General Defense Intelligence LIGENCE SURVEILLANCE ACT OF for 3 years. 1978. ‘‘(2) The Director shall submit to the Select Program to the National Imagery and Mapping (a) REQUIREMENTS REGARDING CERTAIN APPLI- Committee on Intelligence of the Senate and the Agency Program. CATIONS.—Section 104 of the Foreign Intel- Permanent Select Committee on Intelligence of (b) ROLE OF DIRECTOR OF NIMA AS FUNC- TIONAL MANAGER FOR IMAGERY AND GEOSPACIAL ligence Surveillance Act of 1978 (50 U.S.C. 1804) the House of Representatives an annual report is amended by adding at the end the following on the transfers of sums described in paragraph PROGRAMS.—(1) The Secretary of Defense shall, in consultation with the Director of Central In- new subsection: (1).’’. ‘‘(e)(1)(A) Upon written request of the Direc- (b) CONFORMING STYLISTIC AMENDMENTS.— telligence, review options for strengthening the tor of the Federal Bureau of Investigation, the That section is further amended— role of the Director of the National Imagery and Secretary of Defense, the Secretary of State, or (1) in subsection (a), by inserting ‘‘IN GEN- Mapping Agency as the functional manager for the Director of Central Intelligence, the Attor- ERAL.—’’ after ‘‘(a)’’; and United States imagery and geospacial programs. ney General shall personally review under sub- (2) in subsection (b), by inserting ‘‘SCOPE OF (2) Not later than March 15, 2001, the Sec- section (a) an application under that subsection AUTHORITY FOR EXPENDITURE.—’’ after ‘‘(b)’’. retary shall submit to the appropriate commit- for a target described in section 101(b)(2). (c) APPLICABILITY.—Subsection (c) of section 8 tees of Congress a report on the review required of the Central Intelligence Agency Act of 1949, by subsection (b). The report shall include any ‘‘(B) Except when disabled or otherwise un- as added by subsection (a) of this section, shall recommendations regarding modifications in the available to make a request referred to in sub- apply with respect to amounts appropriated or role and duties of the Director of the National paragraph (A), an official referred to in that otherwise made available for the Central Intel- Imagery and Mapping Agency that the Sec- subparagraph may not delegate the authority to ligence Agency for fiscal years after fiscal year retary considers appropriate in light of the re- make a request referred to in that subpara- 2000. view. graph. (3) In this subsection, the term ‘‘appropriate ‘‘(C) Each official referred to in subparagraph SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOY- (A) with authority to make a request under that EES FOR REIMBURSEMENT FOR PRO- committees of Congress’’ means the following: FESSIONAL LIABILITY INSURANCE. (A) The Committee on Armed Services and the subparagraph shall take appropriate actions in (a) IN GENERAL.—Notwithstanding any provi- Select Committee on Intelligence of the Senate. advance to ensure that delegation of such au- sion of section 363 of the Treasury, Postal Serv- (B) The Committee on Armed Services and the thority is clearly established in the event such ice, and General Government Appropriations Permanent Select Committee on Intelligence of official is disabled or otherwise unavailable to Act, 1997 (5 U.S.C. prec. 5941 note), the Director the House of Representatives. make such request. ‘‘(2)(A) If as a result of a request under para- of Central Intelligence may— SEC. 504. PROHIBITION ON TRANSFER OF COL- (1) designate as qualified employees within LECTION MANAGEMENT PERSONNEL graph (1) the Attorney General determines not the meaning of subsection (b) of that section ap- FROM GENERAL DEFENSE INTEL- to approve an application under the second sen- propriate categories of employees not otherwise LIGENCE PROGRAM TO COMMUNITY tence of subsection (a) for purposes of making covered by that subsection; and MANAGEMENT ACCOUNT. the application under this section, the Attorney (2) use appropriated funds available to the Di- No funds authorized to be appropriated by General shall provide written notice of the de- rector to reimburse employees within categories this Act may be transferred from the General termination to the official making the request so designated for one-half of the costs incurred Defense Intelligence Program to the Community for the review of the application under that by such employees for professional liability in- Management Account for purposes of transfer- paragraph. Except when disabled or otherwise surance in accordance with subsection (a) of ring intelligence collection management per- unavailable to make a determination under the that section. sonnel. preceding sentence, the Attorney General may (b) REPORTS.—The Director of Central Intel- SEC. 505. AUTHORIZED PERSONNEL CEILING FOR not delegate the responsibility to make a deter- ligence shall submit to the Select Committee on GENERAL DEFENSE INTELLIGENCE mination under that sentence. The Attorney Intelligence of the Senate and the Permanent PROGRAM. General shall take appropriate actions in ad- Select Committee of Intelligence of the House of The authorized personnel ceiling for the Gen- vance to ensure that delegation of such respon- Representatives a report on each designation of eral Defense Intelligence Program specified in sibility is clearly established in the event the At- a category of employees under paragraph (1) of the classified Schedule of Authorizations re- torney General is disabled or otherwise unavail- subsection (a), including the approximate num- ferred to in section 102 is hereby increased by able to make such determination. ber of employees covered by such designation 2,152 positions. ‘‘(B) Notice with respect to an application and an estimate of the amount to be expended SEC. 506. MEASUREMENT AND SIGNATURE INTEL- under subparagraph (A) shall set forth the on reimbursement of such employees under LIGENCE. modifications, if any, of the application that are paragraph (2) of that subsection. (a) STUDY OF OPTIONS.—The Director of Cen- necessary in order for the Attorney General to TITLE V—DEPARTMENT OF DEFENSE tral Intelligence shall, in coordination with the approve the application under the second sen- INTELLIGENCE ACTIVITIES Secretary of Defense, conduct a study of the tence of subsection (a) for purposes of making utility and feasibility of various options for im- the application under this section. SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY proving the management and organization of ‘‘(C) Upon review of any modifications of an TO ENGAGE IN COMMERCIAL ACTIVI- TIES AS SECURITY FOR INTEL- measurement and signature intelligence, includ- application set forth under subparagraph (B), LIGENCE COLLECTION ACTIVITIES. ing— the official notified of the modifications under Section 431(a) of title 10, United States Code, (1) the option of establishing a centralized this paragraph shall modify the application if is amended in the second sentence by striking tasking, processing, exploitation, and dissemina- such official determines that such modification ‘‘December 31, 2000’’ and inserting ‘‘December tion facility for measurement and signature in- is warranted. Such official shall supervise the 31, 2002’’. telligence; making of any modification under this subpara- (2) options for recapitalizing and reconfig- graph. Except when disabled or otherwise un- SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTEL- LIGENCE IN EXPERIMENTAL PER- uring the current systems for measurement and available to supervise the making of any modi- SONNEL PROGRAM FOR CERTAIN signature intelligence; and fication under the preceding sentence, such offi- SCIENTIFIC AND TECHNICAL PER- (3) the operation and maintenance costs of the cial may not delegate the responsibility to super- SONNEL. various options. vise the making of any modification under that If the Director of Central Intelligence requests (b) REPORT.—Not later than April 1, 2001, the preceding sentence. Each such official shall take that the Secretary of Defense exercise any au- Director and the Secretary shall jointly submit appropriate actions in advance to ensure that thority available to the Secretary under section to the appropriate committees of Congress a re- delegation of such responsibility is clearly estab- 1101(b) of the Strom Thurmond National De- port on their findings as a result of the study re- lished in the event such official is disabled or fense Authorization Act for Fiscal Year 1999 quired by subsection (a). The report shall set otherwise unavailable to supervise the making (Public Law 105–261; 5 U.S.C. 3104 note) to carry forth any recommendations that the Director of such modification.’’. out a program of special personnel management and the Secretary consider appropriate. (b) PROBABLE CAUSE.—Section 105 of that Act authority at the National Imagery and Mapping (c) APPROPRIATE COMMITTEES OF CONGRESS (50 U.S.C. 1805) is amended— Agency and the National Security Agency in DEFINED.—In this section, the term ‘‘appro- (1) by redesignating subsections (b), (c), (d), order to facilitate recruitment of eminent experts priate committees of Congress’’ means the fol- (e), (f), and (g) as subsections (c), (d), (e), (f), in science and engineering at such agencies, the lowing: (g), and (h), respectively;

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(2) by inserting after subsection (a) the fol- (2) by inserting after subsection (a) the fol- (b) TIMELY PROVISION OF INFORMATION AND lowing new subsection (b): lowing new subsection (b): CONSULTATION ON ESPIONAGE INVESTIGATIONS.— ‘‘(b) In determining whether or not probable ‘‘(b) In determining whether or not probable Paragraph (2) of that subsection is further cause exists for purposes of an order under sub- cause exists for purposes of an order under sub- amended— section (a)(3), a judge may consider past activi- section (a)(3), a judge may consider past activi- (1) by inserting ‘‘in a timely manner’’ after ties of the target, as well as facts and cir- ties of the target, as well as facts and cir- ‘‘through appropriate channels’’; and cumstances relating to current or future activi- cumstances relating to current or future activi- (2) by inserting ‘‘in a timely manner’’ after ties of the target.’’; and ties of the target.’’. ‘‘are consulted’’. (3) in subsection (d), as redesignated by para- SEC. 604. DISCLOSURE OF INFORMATION AC- (c) INTERFERENCE WITH FULL FIELD ESPIO- graph (1), by striking ‘‘subsection (b)(1)’’ and QUIRED UNDER THE FOREIGN IN- NAGE INVESTIGATIONS.—That subsection is fur- inserting ‘‘subsection (c)(1)’’. TELLIGENCE SURVEILLANCE ACT OF ther amended by inserting after paragraph (3), SEC. 603. ORDERS FOR PHYSICAL SEARCHES 1978 FOR LAW ENFORCEMENT PUR- as amended by subsection (a) of this section, the UNDER THE FOREIGN INTEL- POSES. following new paragraph (4): LIGENCE SURVEILLANCE ACT OF (a) INCLUSION OF INFORMATION ON DISCLO- ‘‘(4)(A) The Federal Bureau of Investigation 1978. SURE IN SEMIANNUAL OVERSIGHT REPORT.—Sec- shall notify appropriate officials within the ex- (a) REQUIREMENTS REGARDING CERTAIN APPLI- tion 108(a) of the Foreign Intelligence Surveil- ecutive branch, including the head of the de- CATIONS.—Section 303 of the Foreign Intel- lance Act of 1978 (50 U.S.C. 1808(a)) is amend- partment or agency concerned, of the com- ligence Surveillance Act of 1978 (50 U.S.C. 1823) ed— mencement of a full field espionage investiga- is amended by adding at the end the following (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and tion with respect to an employee within the ex- (2) by adding at the end the following new new subsection: ecutive branch. ‘‘(d)(1)(A) Upon written request of the Direc- paragraph: ‘‘(B)(i) A department or agency may not con- ‘‘(2) Each report under the first sentence of tor of the Federal Bureau of Investigation, the duct a polygraph examination, interrogate, or paragraph (1) shall include a description of— Secretary of Defense, the Secretary of State, or otherwise take any action that is likely to alert ‘‘(A) each criminal case in which information the Director of Central Intelligence, the Attor- an employee covered by a notice under subpara- acquired under this Act has been passed for law ney General shall personally review under sub- graph (A) of an investigation described in that enforcement purposes during the period covered section (a) an application under that subsection subparagraph without prior coordination with for a target described in section 101(b)(2). by such report; and ‘‘(B) each criminal case in which information the Federal Bureau of Investigation. ‘‘(B) Except when disabled or otherwise un- ‘‘(ii) Any examination, interrogation, or other acquired under this Act has been authorized for available to make a request referred to in sub- action taken under clause (i) shall be taken in use at trial during such reporting period.’’. paragraph (A), an official referred to in that consultation with the Federal Bureau of Inves- (b) REPORT ON MECHANISMS FOR DETERMINA- subparagraph may not delegate the authority to tigation.’’. TIONS OF DISCLOSURE OF INFORMATION FOR LAW make a request referred to in that subpara- SEC. 606. ENHANCING PROTECTION OF NATIONAL graph. ENFORCEMENT PURPOSES.—(1) The Attorney General shall submit to the appropriate commit- SECURITY AT THE DEPARTMENT OF ‘‘(C) Each official referred to in subparagraph JUSTICE. tees of Congress a report on the authorities and (A) with authority to make a request under that (a) AUTHORIZATION FOR INCREASED RE- procedures utilized by the Department of Justice subparagraph shall take appropriate actions in SOURCES TO FULFILL NATIONAL SECURITY MIS- for determining whether or not to disclose infor- advance to ensure that delegation of such au- SION OF THE DEPARTMENT OF JUSTICE.—There mation acquired under the Foreign Intelligence thority is clearly established in the event such are authorized to be appropriated to the Depart- Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) official is disabled or otherwise unavailable to ment of Justice for the activities of the Office of make such request. for law enforcement purposes. (2) In this subsection, the term ‘‘appropriate Intelligence Policy and Review to help meet the ‘‘(2)(A) If as a result of a request under para- increased personnel demands to combat ter- graph (1) the Attorney General determines not committees of Congress’’ means the following: (A) The Select Committee on Intelligence and rorism, process applications to the Foreign Intel- to approve an application under the second sen- the Committee on the Judiciary of the Senate. ligence Surveillance Court, participate effec- tence of subsection (a) for purposes of making (B) The Permanent Select Committee on Intel- tively in counter-espionage investigations, pro- the application under this section, the Attorney ligence and the Committee on the Judiciary of vide policy analysis on national security issues, General shall provide written notice of the de- the House of Representatives. and enhance secure computer and telecommuni- termination to the official making the request cations facilities— for the review of the application under that SEC. 605. COORDINATION OF COUNTERINTEL- LIGENCE WITH THE FEDERAL BU- (1) $7,000,000 for fiscal year 2001; paragraph. Except when disabled or otherwise REAU OF INVESTIGATION. (2) $7,500,000 for fiscal year 2002; and unavailable to make a determination under the (a) TREATMENT OF CERTAIN SUBJECTS OF IN- (3) $8,000,000 for fiscal year 2003. preceding sentence, the Attorney General may VESTIGATION.—Subsection (c) of section 811 of (b) AVAILABILITY OF FUNDS.—(1) No funds au- not delegate the responsibility to make a deter- the Intelligence Authorization Act for Fiscal thorized to be appropriated by subsection (a) for mination under that sentence. The Attorney Year 1995 (50 U.S.C. 402a) is amended— the Office of Intelligence Policy and Review General shall take appropriate actions in ad- (1) in paragraphs (1) and (2), by striking may be obligated or expended until the later of vance to ensure that delegation of such respon- ‘‘paragraph (3)’’ and inserting ‘‘paragraph (5)’’; the dates on which the Attorney General sub- sibility is clearly established in the event the At- (2) by redesignating paragraphs (3), (4), (5), mits the reports required by paragraphs (2) and torney General is disabled or otherwise unavail- and (6) as paragraphs (5), (6), (7), and (8), re- (3). able to make such determination. spectively; (2)(A) The Attorney General shall submit to ‘‘(B) Notice with respect to an application (3) by inserting after paragraph (2) the fol- the committees of Congress specified in subpara- under subparagraph (A) shall set forth the lowing new paragraph (3): graph (B) a report on the manner in which the modifications, if any, of the application that are ‘‘(3)(A) The Director of the Federal Bureau of funds authorized to be appropriated by sub- necessary in order for the Attorney General to Investigation shall submit to the head of the de- section (a) for the Office of Intelligence Policy approve the application under the second sen- partment or agency concerned a written assess- and Review will be used by that Office— tence of subsection (a) for purposes of making ment of the potential impact of the actions of (i) to improve and strengthen its oversight of the application under this section. the department or agency on a counterintel- Federal Bureau of Investigation field offices in ‘‘(C) Upon review of any modifications of an ligence investigation. the implementation of orders under the Foreign application set forth under subparagraph (B), ‘‘(B) The head of the department or agency Intelligence Surveillance Act of 1978 (50 U.S.C. the official notified of the modifications under concerned shall— 1801 et seq.); and this paragraph shall modify the application if ‘‘(i) use an assessment under subparagraph (ii) to streamline and increase the efficiency of such official determines that such modification (A) as an aid in determining whether, and the application process under that Act. is warranted. Such official shall supervise the under what circumstances, the subject of an in- (B) The committees of Congress referred to in making of any modification under this subpara- vestigation under paragraph (1) should be left this subparagraph are the following: graph. Except when disabled or otherwise un- in place for investigative purposes; and (i) The Select Committee on Intelligence and available to supervise the making of any modi- ‘‘(ii) notify in writing the Director of the Fed- the Committee on the Judiciary of the Senate. fication under the preceding sentence, such offi- eral Bureau of Investigation of such determina- (ii) The Permanent Select Committee on Intel- cial may not delegate the responsibility to super- tion. ligence and the Committee on the Judiciary of vise the making of any modification under that ‘‘(C) The Director of the Federal Bureau of the House of Representatives. preceding sentence. Each such official shall take Investigation and the head of the department or (3) In addition to the report required by para- appropriate actions in advance to ensure that agency concerned shall continue to consult, as graph (2), the Attorney General shall also sub- delegation of such responsibility is clearly estab- appropriate, to review the status of an inves- mit to the Select Committee on Intelligence of lished in the event such official is disabled or tigation covered by this paragraph and to reas- the Senate and the Permanent Select Committee otherwise unavailable to supervise the making sess, as appropriate, a determination of the on Intelligence of the House of Representatives of such modification.’’. head of the department or agency concerned to a report that addresses the issues identified in (b) PROBABLE CAUSE.—Section 304 of that Act leave a subject in place for investigative pur- the semiannual report of the Attorney General (50 U.S.C. 1824) is amended— poses.’’; and to such committees under section 108(a) of the (1) by redesignating subsections (b), (c), (d), (4) in paragraph (5), as so redesignated, by Foreign Intelligence Surveillance Act of 1978 (50 and (e) as subsections (c), (d), (e), and (f), re- striking ‘‘paragraph (1) or (2)’’ and inserting U.S.C. 1808(a)) that was submitted in April 2000, spectively; and ‘‘paragraph (1), (2), or (3)’’. including any corrective actions with regard to

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The report under this paragraph has grounds to believe ordered, incited, assisted, (3) reveal information that would assist in the shall be submitted in classified form. or otherwise participated in the experimentation development or use of weapons of mass destruc- (4) Funds made available pursuant to sub- and persecution of any person because of race, tion; section (a), in any fiscal year, shall remain religion, national origin, or political option, (4) reveal information that would impair available until expended. during the period beginning September 18, 1931, United States cryptologic systems or activities; (c) REPORT ON COORDINATING NATIONAL SECU- and ending on December 31, 1948, under the di- (5) reveal information that would impair the RITY AND INTELLIGENCE FUNCTIONS WITHIN THE rection of, or in association with— application of state-of-the-art technology within DEPARTMENT OF JUSTICE.—The Attorney Gen- (A) the Japanese Imperial Army; a United States weapon system; eral shall report to the Select Committee on In- (B) any government in any area occupied by (6) reveal actual United States military war telligence and the Committee on the Judiciary of the military forces of the Japanese Imperial plans that remain in effect; the Senate and the Permanent Select Committee Army; (7) reveal information that would seriously on Intelligence and the Committee on the Judici- (C) any government established with the as- and demonstrably impair relations between the ary of the House of Representatives within 120 sistance or cooperation of the Japanese Imperial United States and a foreign government, or seri- days on actions that have been or will be taken Army; or ously and demonstrably undermine ongoing dip- by the Department to— (D) any government which was an ally of the lomatic activities of the United States; (8) reveal information that would clearly, and (1) promote quick and efficient responses to Imperial Army of Japan. demonstrably impair the current ability of national security issues; (4) RECORD.—The term ‘‘record’’ means a Jap- United States Government officials to protect (2) centralize a point-of-contact within the anese Imperial Army record. the President, Vice President, and other officials Department on national security matters for ex- (b) ESTABLISHMENT OF INTERAGENCY GROUP.— for whom protection services are authorized in ternal entities and agencies; and (1) IN GENERAL.—Not later than 60 days after the interest of national security; (3) coordinate the dissemination of intel- the date of the enactment of this Act, the Presi- ligence information within the appropriate com- (9) reveal information that would seriously dent shall establish the Japanese Imperial Army and demonstrably impair current national secu- ponents of the Department and the formulation Records Interagency Working Group, which of policy on national security issues. rity emergency preparedness plans; or shall remain in existence for 3 years after the (10) violate a treaty or other international SEC. 607. COORDINATION REQUIREMENTS RELAT- date the Interagency Group is established. agreement. ING TO THE PROSECUTION OF (2) MEMBERSHIP.—The President shall appoint (c) APPLICATIONS OF EXEMPTIONS.— CASES INVOLVING CLASSIFIED IN- to the Interagency Group individuals whom the FORMATION. (1) IN GENERAL.—In applying the exemptions President determines will most completely and The Classified Information Procedures Act (18 provided in paragraphs (2) through (10) of sub- effectively carry out the functions of the Inter- U.S.C. App.) is amended by inserting after sec- section (b), there shall be a presumption that agency Group within the time limitations pro- tion 9 the following new section: the public interest will be served by disclosure vided in this section, including the Historian of and release of the records of the Japanese Impe- ‘‘COORDINATION REQUIREMENTS RELATING TO THE the Department of State, the Archivist of the rial Army. The exemption may be asserted only PROSECUTION OF CASES INVOLVING CLASSIFIED United States, the head of any other agency the when the head of the agency that maintains the INFORMATION President considers appropriate, and no more records determines that disclosure and release ‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The As- than 3 other persons. The head of an agency ap- would be harmful to a specific interest identified sistant Attorney General for the Criminal Divi- pointed by the President may designate an ap- in the exemption. An agency head who makes sion and the appropriate United States Attor- propriate officer to serve on the Interagency such a determination shall promptly report it to ney, or the designees of such officials, shall pro- Group in lieu of the head of such agency. the committees of Congress with appropriate ju- vide briefings to the senior agency official, or (3) INITIAL MEETING.—Not later than 90 days risdiction, including the Committee on the Judi- the designee of such official, with respect to any after the date of the enactment of this Act, the ciary and the Select Committee on Intelligence case involving classified information that origi- Interagency Group shall hold an initial meeting of the Senate and the Committee on Government nated in the agency of such senior agency offi- and begin the functions required under this sec- Reform and Oversight and the Permanent Select cial. tion. Committee on Intelligence of the House of Rep- ‘‘(b) TIMING OF BRIEFINGS.—Briefings under (c) FUNCTIONS.—Not later than 1 year after resentatives. subsection (a) with respect to a case shall the date of the enactment of this Act, the Inter- (2) APPLICATION OF TITLE 5.—A determination occur— agency Group shall, to the greatest extent pos- by an agency head to apply an exemption pro- ‘‘(1) as soon as practicable after the Depart- sible consistent with section 703— vided in paragraphs (2) through (9) of sub- ment of Justice and the United States Attorney (1) locate, identify, inventory, recommend for section (b) shall be subject to the same standard concerned determine that a prosecution or po- declassification, and make available to the pub- of review that applies in the case of records tential prosecution could result; and lic at the National Archives and Records Admin- withheld under section 552(b)(1) of title 5, ‘‘(2) at such other times thereafter as are nec- istration, all classified Japanese Imperial Army United States Code. essary to keep the senior agency official con- records of the United States; (d) LIMITATION ON EXEMPTIONS.— cerned fully and currently informed of the sta- (2) coordinate with agencies and take such ac- (1) IN GENERAL.—The exemptions set forth in tus of the prosecution. tions as necessary to expedite the release of such subsection (b) shall constitute the only grounds ‘‘(c) SENIOR AGENCY OFFICIAL DEFINED.—In records to the public; and pursuant to which an agency head may exempt this section, the term ‘senior agency official’ has (3) submit a report to Congress, including the records otherwise subject to release under sub- the meaning given that term in section 1.1 of Ex- Committee on Government Reform and Over- section (a). ecutive Order No. 12958.’’. sight of the House of Representatives, the Select (2) RECORDS RELATED TO INVESTIGATION OR SEC. 608. SEVERABILITY. Committee on Intelligence of the Senate, the PROSECUTIONS.—This section shall not apply to If any provision of this title (including an Permanent Select Committee on Intelligence of records— amendment made by this title), or the applica- the House of Representatives, and the Com- (A) related to or supporting any active or in- tion thereof, to any person or circumstance, is mittee on the Judiciary of the Senate, describing active investigation, inquiry, or prosecution by held invalid, the remainder of this title (includ- all such records, the disposition of such records, the Office of Special Investigations of the De- ing the amendments made by this title), and the and the activities of the Interagency Group and partment of Justice; or application thereof, to other persons or cir- agencies under this section. (B) solely in the possession, custody, or con- cumstances shall not be affected thereby. (d) FUNDING.—There is authorized to be ap- trol of the Office of Special Investigations. TITLE VII—DISCLOSURE OF INFORMATION propriated such sum as may be necessary to SEC. 704. EXPEDITED PROCESSING OF FOIA RE- ON JAPANESE IMPERIAL ARMY carry out the provisions of this title. QUESTS FOR JAPANESE IMPERIAL ARMY RECORDS. SEC. 701. SHORT TITLE. SEC. 703. REQUIREMENT OF DISCLOSURE OF For purposes of expedited processing under RECORDS. This title may be cited as the ‘‘Japanese Impe- section 552(a)(6)(E) of title 5, United States rial Army Disclosure Act’’. (a) RELEASE OF RECORDS.—Subject to sub- Code, any person who was persecuted in the SEC. 702. ESTABLISHMENT OF JAPANESE IMPE- sections (b), (c), and (d), the Japanese Imperial manner described in section 702(a)(3) and who RIAL ARMY RECORDS INTERAGENCY Army Records Interagency Working Group shall requests a Japanese Imperial Army record shall WORKING GROUP. release in their entirety Japanese Imperial Army be deemed to have a compelling need for such (a) DEFINITIONS.—In this section: records. record. (1) AGENCY.—The term ‘‘agency’’ has the (b) EXCEPTION FOR PRIVACY.—An agency SEC. 705. EFFECTIVE DATE. meaning given such term under section 551 of head may exempt from release under subsection The provisions of this title shall take effect on title 5, United States Code. (a) specific information, that would— the date that is 90 days after the date of the en- (2) INTERAGENCY GROUP.—The term ‘‘Inter- (1) constitute a clearly unwarranted invasion actment of this Act. agency Group’’ means the Japanese Imperial of personal privacy; Army Records Interagency Working Group es- (2) reveal the identity of a confidential human TITLE VIII—DECLASSIFICATION OF tablished under subsection (b). source, or reveal information about the applica- INFORMATION (3) JAPANESE IMPERIAL ARMY RECORDS.—The tion of an intelligence source or method, or re- SEC. 801. SHORT TITLE. term ‘‘Japanese Imperial Army records’’ means veal the identity of a human intelligence source This title may be cited as the ‘‘Public Interest classified records or portions of records that per- when the unauthorized disclosure of that source Declassification Act of 2000’’. tain to any person with respect to whom the would clearly and demonstrably damage the na- SEC. 802. FINDINGS. United States Government, in its sole discretion, tional security interests of the United States; Congress makes the following findings:

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(B) Any subsequent appointment to the Board agencies under subchapter of chapter 57 of title (2) Ensuring, through such measures, public shall be for a term of three years. 5, United States Code, while away from their access to information that does not require con- (3) A vacancy in the Board shall be filled in homes or regular places of business in the per- tinued protection to maintain the national secu- the same manner as the original appointment. A formance of the duties of the Board. rity interests of the United States is a key to member of the Board appointed to fill a vacancy (i) GUIDANCE; ANNUAL BUDGET.—(1) On behalf striking the balance between secrecy essential to before the expiration of a term shall serve for of the President, the Assistant to the President national security and the openness that is cen- the remainder of the term. for National Security Affairs shall provide guid- tral to the proper functioning of the political in- (4) A member of the Board may be appointed ance on policy to the Board. stitutions of the United States. to a new term on the Board upon the expiration (2) The Executive Secretary of the Board, SEC. 803. PUBLIC INTEREST DECLASSIFICATION of the member’s term on the Board, except that under the direction of the Chairperson of the BOARD. no member may serve more than three full terms Board and the Board, and acting in consulta- (a) ESTABLISHMENT.—There is established on the Board. tion with the Archivist of the United States, the within the executive branch of the United States (d) CHAIRPERSON; EXECUTIVE SECRETARY.— Assistant to the President for National Security a board to be known as the ‘‘Public Interest De- (1)(A) The President shall designate one of the Affairs, and the Director of the Office of Man- classification Board’’ (in this title referred to as members of the Board as the Chairperson of the agement and Budget, shall prepare the annual the ‘‘Board’’). Board. budget of the Board. (b) PURPOSES.—The purposes of the Board are (B) The term of service as Chairperson of the (j) SUPPORT.—The Information Security Over- as follows: Board shall be two years. sight Office may support the activities of the (1) To advise the President, the Assistant to (C) A member serving as Chairperson of the Board under this title. Such support shall be the President for National Security Affairs, the Board may be re-designated as Chairperson of provided on a reimbursable basis. Director of the Office of Management and the Board upon the expiration of the member’s (k) PUBLIC AVAILABILITY OF RECORDS AND RE- Budget, and such other executive branch offi- term as Chairperson of the Board, except that PORTS.—(1) The Board shall make available for cials as the Board considers appropriate on the no member shall serve as Chairperson of the public inspection records of its proceedings and systematic, thorough, coordinated, and com- Board for more than six years. reports prepared in the course of its activities prehensive identification, collection, review for (2) The Director of the Information Security under this title to the extent such records and declassification, and release to Congress, inter- Oversight Office shall serve as the Executive reports are not classified and would not be ex- ested agencies, and the public of declassified Secretary of the Board. empt from release under the provisions of sec- records and materials (including donated histor- (e) MEETINGS.—The Board shall meet as need- tion 552 of title 5, United States Code. ical materials) that are of archival value, in- ed to accomplish its mission, consistent with the (2) In making records and reports available cluding records and materials of extraordinary availability of funds. A majority of the members under paragraph (1), the Board shall coordinate public interest. of the Board shall constitute a quorum. the release of such records and reports with ap- (2) To promote the fullest possible public ac- (f) STAFF.—Any employee of the Federal Gov- propriate officials from agencies with expertise cess to a thorough, accurate, and reliable docu- ernment may be detailed to the Board, with the in classified information in order to ensure that mentary record of significant United States na- agreement of and without reimbursement to the such records and reports do not inadvertently tional security decisions and significant United detailing agency, and such detail shall be with- contain classified information. States national security activities in order to— out interruption or loss of civil, military, or for- (l) APPLICABILITY OF CERTAIN ADMINISTRA- (A) support the oversight and legislative func- eign service status or privilege. TIVE LAWS.—The provisions of the Federal Advi- tions of Congress; (g) SECURITY.—(1) The members and staff of sory Committee Act (5 U.S.C. App.) shall not (B) support the policymaking role of the exec- the Board shall, as a condition of appointment apply to the activities of the Board under this utive branch; to or employment with the Board, hold appro- title. However, the records of the Board shall be (C) respond to the interest of the public in na- priate security clearances for access to the clas- governed by the provisions of the Federal tional security matters; and sified records and materials to be reviewed by Records Act of 1950. (D) promote reliable historical analysis and the Board or its staff, and shall follow the guid- SEC. 804. IDENTIFICATION, COLLECTION, AND RE- new avenues of historical study in national se- ance and practices on security under applicable VIEW FOR DECLASSIFICATION OF IN- curity matters. Executive Orders and agency directives. FORMATION OF ARCHIVAL VALUE OR (3) To provide recommendations to the Presi- (2) The head of an agency shall, as a condi- EXTRAORDINARY PUBLIC INTEREST. dent for the identification, collection, and re- tion of granting access to a member of the (a) BRIEFINGS ON AGENCY DECLASSIFICATION view for declassification of information of ex- Board, the Executive Secretary of the Board, or PROGRAMS.—(1) As requested by the Board, or traordinary public interest that does not under- a member of the staff of the Board to classified by the Select Committee on Intelligence of the mine the national security of the United States, records or materials of the agency under this Senate or the Permanent Select Committee on to be undertaken in accordance with a declas- title, require the member, the Executive Sec- Intelligence of the House of Representatives, the sification program that has been established or retary, or the member of the staff, as the case head of any agency with the authority under an may be established by the President by Execu- may be, to— Executive Order to classify information shall tive Order. (A) execute an agreement regarding the secu- provide to the Board, the Select Committee on (4) To advise the President, the Assistant to rity of such records or materials that is ap- Intelligence of the Senate, or the Permanent Se- the President for National Security Affairs, the proved by the head of the agency; and lect Committee on Intelligence of the House of Director of the Office of Management and (B) hold an appropriate security clearance Representatives, on an annual basis, a summary Budget, and such other executive branch offi- granted or recognized under the standard proce- briefing and report on such agency’s progress cials as the Board considers appropriate on poli- dures and eligibility criteria of the agency, in- and plans in the declassification of national se- cies deriving from the issuance by the President cluding any special access approval required for curity information. Such briefing shall cover the of Executive Orders regarding the classification access to such records or materials. declassification goals set by statute, regulation, and declassification of national security infor- (3) The members of the Board, the Executive or policy, the agency’s progress with respect to mation. Secretary of the Board, and the members of the such goals, and the agency’s planned goals and (c) MEMBERSHIP.—(1) The Board shall be com- staff of the Board may not use any information priorities for its declassification activities over posed of nine individuals appointed from among acquired in the course of their official activities the next two fiscal years. Agency briefings and citizens of the United States who are preeminent on the Board for nonofficial purposes. reports shall give particular attention to in the fields of history, national security, for- (4) For purposes of any law or regulation gov- progress on the declassification of records and eign policy, intelligence policy, social science, erning access to classified information that per- materials that are of archival value or extraor- law, or archives, including individuals who tains to the national security of the United dinary public interest to the people of the have served in Congress or otherwise in the Fed- States, and subject to any limitations on access United States. eral Government or have otherwise engaged in arising under section 806(b), and to facilitate (2)(A) The annual briefing and report under research, scholarship, or publication in such the advisory functions of the Board under this paragraph (1) for agencies within the Depart- fields on matters relating to the national secu- title, a member of the Board seeking access to a ment of Defense, including the military depart- rity of the United States, of whom— record or material under this title shall be ments, and the elements of the intelligence com- (A) five shall be appointed by the President; deemed for purposes of this subsection to have a munity shall be provided on a consolidated (B) one shall be appointed by the Majority need to know the contents of the record or mate- basis. Leader of the Senate; rial. (B) In this paragraph, the term ‘‘elements of (C) one shall be appointed by the Minority (h) COMPENSATION.—(1) Each member of the the intelligence community’’ means the elements Leader of the Senate; Board shall receive compensation at a rate not of the intelligence community specified or des- (D) one shall be appointed by the Speaker of to exceed the daily equivalent of the annual ignated under section 3(4) of the National Secu- the House of Representatives; and rate of basic pay payable for positions at ES–1 rity Act of 1947 (50 U.S.C. 401a(4)).

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(b) RECOMMENDATIONS ON AGENCY DECLAS- ‘‘Freedom of Information Act’’), or section 552a mitted by the agency denying the access as fol- SIFICATION PROGRAMS.—(1) Upon reviewing and of title 5, United States Code (commonly referred lows: discussing declassification plans and progress to as the ‘‘Privacy Act’’). (A) In the case of the denial of access to a with an agency, the Board shall provide to the (e) WITHHOLDING INFORMATION FROM CON- special access program created by the Secretary head of the agency the written recommendations GRESS.—Nothing in this title shall be construed of Defense, to the Committees on Armed Services of the Board as to how the agency’s declas- to authorize the withholding of information and Appropriations of the Senate and to the sification program could be improved. A copy of from Congress. Committees on Armed Services and Appropria- each recommendation shall also be submitted to SEC. 806. STANDARDS AND PROCEDURES. tions of the House of Representatives. the Assistant to the President for National Secu- (a) LIAISON.—(1) The head of each agency (B) In the case of the denial of access to a rity Affairs and the Director of the Office of with the authority under an Executive Order to special access program created by the Director Management and Budget. classify information and the head of each Fed- of Central Intelligence, or by the head of any (2) Consistent with the provisions of section eral Presidential library shall designate an em- other agency (including the Department of De- 803(k), the Board’s recommendations to the head ployee of such agency or library, as the case fense) if the special access program pertains to of an agency under paragraph (1) shall become may be, to act as liaison to the Board for pur- intelligence activities, or of access to any infor- public 60 days after such recommendations are poses of this title. mation and materials relating to intelligence sent to the head of the agency under that para- (2) The Board may establish liaison and oth- sources and methods, to the Select Committee on graph. erwise consult with such other historical and Intelligence of the Senate and the Permanent (c) RECOMMENDATIONS ON SPECIAL SEARCHES advisory committees as the Board considers ap- Select Committee on Intelligence of the House of FOR RECORDS OF EXTRAORDINARY PUBLIC IN- propriate for purposes of this title. Representatives. TEREST.—(1) The Board shall also make rec- (b) LIMITATIONS ON ACCESS.—(1)(A) Except as (C) In the case of the denial of access to a spe- ommendations to the President regarding pro- provided in paragraph (2), if the head of an cial access program created by the Secretary of posed initiatives to identify, collect, and review agency or the head of a Federal Presidential li- Energy or the Administrator for Nuclear Secu- for declassification classified records and mate- brary determines it necessary to deny or restrict rity, to the Committees on Armed Services and rials of extraordinary public interest. access of the Board, or of the agency or library Appropriations and the Select Committee on In- (2) In making recommendations under para- liaison to the Board, to information contained telligence of the Senate and to the Committees graph (1), the Board shall consider the fol- in a record or material, in whole or in part, the on Armed Services and Appropriations and the lowing: head of the agency or the head of the library, as Permanent Select Committee on Intelligence of (A) The opinions and requests of Members of the case may be, shall promptly notify the the House of Representatives. Congress, including opinions and requests ex- Board in writing of such determination. SEC. 807. JUDICIAL REVIEW. pressed or embodied in letters or legislative pro- (B) Each notice to the Board under subpara- Nothing in this title limits the protection af- posals. graph (A) shall include a description of the na- forded to any information under any other pro- (B) The opinions and requests of the National ture of the records or materials, and a justifica- vision of law. This title is not intended and may Security Council, the Director of Central Intel- tion for the determination, covered by such no- not be construed to create any right or benefit, ligence, and the heads of other agencies. tice. substantive or procedural, enforceable at law (C) The opinions of United States citizens. (2) In the case of a determination referred to against the United States, its agencies, its offi- (D) The opinions of members of the Board. cers, or its employees. This title does not modify (E) The impact of special searches on system- in paragraph (1) with respect to a special access in any way the substantive criteria or proce- atic and all other on-going declassification pro- program created by the Secretary of Defense, dures for the classification of information, nor grams. the Director of Central Intelligence, or the head does this title create any right or benefit subject (F) The costs (including budgetary costs) and of any other agency, the notification of denial to judicial review. the impact that complying with the rec- of access under paragraph (1), including a de- ommendations would have on agency budgets, scription of the nature of the Board’s request for SEC. 808. FUNDING. programs, and operations. access, shall be submitted to the Assistant to the (a) AUTHORIZATION OF APPROPRIATIONS.— (G) The benefits of the recommendations. President for National Security Affairs rather There is hereby authorized to be appropriated to (H) The impact of compliance with the rec- than to the Board. carry out the provisions of this title amounts as ommendations on the national security of the (c) DISCRETION TO DISCLOSE.—At the conclu- follows: United States. sion of a declassification review, the head of an (1) For fiscal year 2001, $650,000. (d) PRESIDENT’S DECLASSIFICATION PRIOR- agency may, in the discretion of the head of the (2) For each fiscal year after fiscal year 2001, ITIES.—(1) Concurrent with the submission to agency, determine that the public’s interest in such sums as may be necessary for such fiscal Congress of the budget of the President each fis- the disclosure of records or materials of the year. cal year under section 1105 of title 31, United agency covered by such review, and still prop- (b) FUNDING REQUESTS.—The President shall States Code, the Director of the Office of Man- erly classified, outweighs the Government’s need include in the budget submitted to Congress for agement and Budget shall publish a description to protect such records or materials, and may re- each fiscal year under section 1105 of title 31, of the President’s declassification program and lease such records or materials in accordance United States Code, a request for amounts for priorities, together with a listing of the funds re- with the provisions of Executive Order 12958 or the activities of the Board under this title dur- quested to implement that program. any successor order to such Executive Order. ing such fiscal year. (2) Nothing in this title shall be construed to (d) DISCRETION TO PROTECT.—At the conclu- SEC. 809. DEFINITIONS. substitute or supersede, or establish a funding sion of a declassification review, the head of an In this title: process for, any declassification program that agency may, in the discretion of the head of the (1) AGENCY.—(A) Except as provided in sub- has been established or may be established by agency, determine that the interest of the agen- paragraph (B), the term ‘‘agency’’ means the the President by Executive Order. cy in the protection of records or materials of following: SEC. 805. PROTECTION OF NATIONAL SECURITY the agency covered by such review, and still (i) An executive agency, as that term is de- INFORMATION AND OTHER INFOR- properly classified, outweigh’s the public’s need fined in section 105 of title 5, United States MATION. for access to such records or materials, and may Code. (a) IN GENERAL.—Nothing in this title shall be deny release of such records or materials in ac- (ii) A military department, as that term is de- construed to limit the authority of the head of cordance with the provisions of Executive Order fined in section 102 of such title. an agency to classify information or to continue 12958 or any successor order to such Executive (iii) Any other entity in the executive branch the classification of information previously clas- Order. that comes into the possession of classified in- sified by an agency. (e) REPORTS.—(1)(A) Except as provided in formation. (b) SPECIAL ACCESS PROGRAMS.—Nothing in paragraph (2), the Board shall annually submit (B) The term does not include the Board. this title shall be construed to limit the author- to the appropriate congressional committees a (2) CLASSIFIED MATERIAL OR RECORD.—The ity of the head of an agency to grant or deny report on the activities of the Board under this terms ‘‘classified material’’ and ‘‘classified access to a special access program. title, including summary information regarding record’’ include any correspondence, memo- (c) AUTHORITIES OF DIRECTOR OF CENTRAL IN- any denials by the head of an agency or the randum, book, plan, map, drawing, diagram, TELLIGENCE.—Nothing in this title shall be con- head of a Federal Presidential library of access pictorial or graphic work, photograph, film, strued to limit the authorities of the Director of of the Board to records or materials under this microfilm, sound recording, videotape, machine Central Intelligence as the head of the intel- title. readable records, and other documentary mate- ligence community, including the Director’s re- (B) In this paragraph, the term ‘‘appropriate rial, regardless of physical form or characteris- sponsibility to protect intelligence sources and congressional committees’’ means the Select tics, that has been determined pursuant to Exec- methods from unauthorized disclosure as re- Committee on Intelligence and the Committee on utive Order to require protection against unau- quired by section 103(c)(6) of the National Secu- Governmental Affairs of the Senate and the Per- thorized disclosure in the interests of the na- rity Act of 1947 (50 U.S.C. 403–3(c)(6)). manent Select Committee on Intelligence and the tional security of the United States. (d) EXEMPTIONS TO RELEASE OF INFORMA- Committee on Government Reform and Over- (3) DECLASSIFICATION.—The term ‘‘declas- TION.—Nothing in this title shall be construed to sight of the House of Representatives. sification’’ means the process by which records limit any exemption or exception to the release (2) Notwithstanding paragraph (1), notice or materials that have been classified are deter- to the public under this title of information that that the Board has been denied access to records mined no longer to require protection from un- is protected under section 552(b) of title 5, and materials, and a justification for the deter- authorized disclosure to protect the national se- United States Code (commonly referred to as the mination in support of the denial, shall be sub- curity of the United States.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9592 CONGRESSIONAL RECORD — SENATE October 2, 2000 (4) DONATED HISTORICAL MATERIAL.—The term sanship and I am proud to say that isting resources are being used effec- ‘‘donated historical material’’ means collections under Senator SHELBY’s leadership we tively. of personal papers donated or given to a Federal have upheld that tradition. We have Second, the various intelligence Presidential library or other archival repository confronted difficult policy issues and agencies must begin to function ore under a deed of gift or otherwise. corporately—as a community, rather (5) FEDERAL PRESIDENTIAL LIBRARY.—The budget choices, and the chairman has term ‘‘Federal Presidential library’’ means a li- gone out of his way to ensure that the than as separate entities, all with dif- brary operated and maintained by the United committee addressed these in a fair ferent and often conflicting priorities. States Government through the National Ar- and nonpartisan way. I appreciate the This has been a topic of debate for chives and Records Administration under the courtesies he has shown me as vice some time. And yet, the passage of applicable provisions of chapter 21 of title 44, chairman. I think we have produced a time does not seem to have brought us United States Code. good bill that focuses on several crit- much closer to this objective. (6) NATIONAL SECURITY.—The term ‘‘national Third, the intelligence community security’’ means the national defense or foreign ical areas of intelligence policy. relations of the United States. This important legislation authorizes must do a better job of setting prior- (7) RECORDS OR MATERIALS OF EXTRAOR- the activities of the U.S. intelligence ities. That means making hard deci- DINARY PUBLIC INTEREST.—The term ‘‘records or community and seeks to ensure that sions about what it will not do. Re- materials of extraordinary public interest’’ this critical function will continue to sources are stretched thin, often be- means records or materials that— serve our national security interests cause community leadership has been (A) demonstrate and record the national secu- into the 21st century. The community unable to say no. The result is that rity policies, actions, and decisions of the faces momentous challenges from both agencies like the National Security United States, including— (i) policies, events, actions, and decisions the proliferation of threats facing Agency are starved for recapitalization which led to significant national security out- America and from the rapid pace of funds necessary to keep pace with tech- comes; and technological change occurring nological changes. (ii) the development and evolution of signifi- throughout society. How we respond to Fourth, the community must stream- cant United States national security policies, these challenges today will affect our line its bureaucracy, eliminating un- actions, and decisions; ability to protect American interests necessary layers of management, par- (B) will provide a significantly different per- ticularly those that separate the col- spective in general from records and materials in the years ahead. publicly available in other historical sources; Some have argued that the end of the lector of intelligence from the analyzer and cold war should have significantly re- of that intelligence. (C) would need to be addressed through ad duced our need for a robust intelligence Finally, the community must revamp hoc record searches outside any systematic de- collection capability. In fact, the oppo- its information technology backbone classification program established under Execu- site is true. The bipolar world of the so that agencies can easily and effec- tive Order. Soviet-United States confrontation tively communicate with one another. (8) RECORDS OF ARCHIVAL VALUE.—The term provided a certain stability with a These steps will not be easy but are ‘‘records of archival value’’ means records that clear threat and a single principal ad- essential if the intelligence community have been determined by the Archivist of the is to stay relevant in today’s world. United States to have sufficient historical or versary on which to focus. We now face other value to warrant their continued preserva- a world with growing transnational Good intelligence is more important tion by the Federal Government. threats of weapons proliferation, ter- than ever. As we deal with calls for SEC. 810. SUNSET. rorism, and international crime and military intervention in far flung The provisions of this title shall expire four narcotics trafficking, and multiple re- locales, intelligence becomes a force years after the date of the enactment of this gional conflicts which create insta- multiplier. We rely on the intelligence Act, unless reauthorized by statute. bility and threaten U.S. interests. community to keep us informed of de- The PRESIDING OFFICER (Mr. FITZ- While we, of course, must continue to veloping crises, to describe the situa- GERALD) appointed Mr. SHELBY, Mr. closely monitor Russia, which still pos- tion prior to any U.S. intervention, to LUGAR, Mr. KYL, Mr. INHOFE, Mr. sesses the singular capability to de- help with force protection when U.S. HATCH, Mr. ROBERTS, Mr. ALLARD, Mr. stroy our country, these emerging personnel are on the ground, and to MACK, Mr. WARNER, Mr. BRYAN, Mr. threats demand increasing attention analyze foreign leadership intentions. GRAHAM, Mr. KERRY, Mr. BAUCUS, Mr. and resources. Solid intelligence allows U.S. policy- ROBB, Mr. LAUTENBERG, and Mr. LEVIN A decade after the collapse of Soviet makers and military commanders to conferees on the part of the Senate. communism, the intelligence commu- make and implement informed deci- Mr. LOTT. Mr. President, I yield to nity continues its difficult transition, sions. Senator BRYAN. from an organization which confronted Maintaining our intelligence capa- Mr. BRYAN. Mr. President, I thank one threat to one which now must bility is difficult and sometimes expen- the leader. I specifically thank the focus on a variety of threats, each sive but absolutely essential to na- chairman, Senator SHELBY. We have unique in its potential to harm the tional security. The committee has worked to put this authorization bill United States. At the same time, the identified a few areas that we think are together. It could not have happened community has been buffeted by the priorities that need additional atten- but for his cooperation and the co- information revolution, which provides tion. One area of particular concern is operation of a number of others of our tremendous opportunity for intel- the need to recapitalize the National colleagues on the Intelligence Com- ligence collection, but threatens to Security Agency to assure our ability mittee. I thank them for their coopera- overwhelm our ability to process and to collect signals intelligence. Col- tion, the chairman in particular. I disseminate information. These twin lecting and deciphering the commu- thank the majority leader and Senator challenges—new and qualitatively dif- nications of America’s adversaries pro- DASCHLE as well. Again, I acknowledge ferent threats, coupled with an infor- vides senior policymakers with a the leadership of my chairman. He has mation and technological explosion— unique source of sensitive information. been most helpful in working through threaten the community’s ability to In 1998, and again this year, the com- this bill. I thank him, the majority serve as an early warning system for mittee asked a group of highly quali- leader, and our colleagues. our country and a force multiplier for fied technical experts to review NSA My remarks will echo many of the our armed services. operations. The Technical Advisory points made by the distinguished chair- Unfortunately, the intelligence com- Group’s conclusions were unsettling. man of the Intelligence Committee, munity has often been too slow to con- They identified significant short- Senator SHELBY. Those who are not fa- front these challenge and to adapt to comings which have resulted from the miliar with the workings of the Intel- these new realities. To make this tran- sustained budget decline of the past ligence Committee may find it odd sition will require the following: decade. With limited available re- that members from different parties First, the intelligence community sources the NSA has maintained its have such agreement on the substance must get its budget in order. Although day-to-day readiness but has not in- of this legislation. Most of my col- I believe the community probably vested in needed modernization. Con- leagues, however, know that the com- needs additional resources, the Con- sequently, NSA’s technological infra- mittee has a long tradition of biparti- gress first must be convinced that ex- structure and human resources are

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9593 struggling to meet emerging chal- platforms when the rest of the system that we will need to cope with cutting lenges. cannot handle the amount of intel- edge technology and with the emer- The NSA historically has led the way ligence produced. gence of threats from nontraditional in development and use of cutting edge Beyond the questions of resource al- sources. I have been encouraged by the technology. This innovative spirit has location, this legislation also address early progress made on the CI–21 effort. helped keep the United States a step several policy issues, including the We have chosen not to include legisla- ahead of those whose interests are hos- problem of serious security breakdowns tive provisions in the bill with the hope tile to our own. Unfortunately, rather at the State Department. Over the that the agencies involved will reach than leading the way, the NSA now course of the last 21⁄2 years the Depart- agreement and finalize the CI–21 plan. struggles to keep pace with commu- ment has been beset by seemingly inex- The report accompanying the bill nications and computing advances. plicable security compromises, the lat- strongly encourages them to do so and There is, however, some reason for est being the disappearance of a laptop I reiterate that encouragement. optimism. The current Director of computer in January of this year. This One provision in the bill that has cre- NSA, General Hayden, has developed a incident, still unexplained, follows ated a bit of controversy is the section strategy for recovery. He has under- closely on the heels of the discovery of that closes a gap in existing law re- taken an aggressive and ambitious a Russian listening device planted in a lated to the unauthorized disclosure of modernization effort, including dra- seventh floor conference room. Subse- classified material. This provision will matic organizational changes and inno- quently we learned that there was no make it a felony for a U.S. government vative business practices. These escort requirement for foreign visitors, official to knowingly pass classified changes and the rebuilding of NSA’s in- including Russians, to the State De- material to someone who is not author- frastructure will, however, require sig- partment. Finally, I must mention the ized to receive it. I say that this provi- nificant additional resources. The com- 1998 tweed jacket incident. In this case sion closes a gap because many cat- mittee decided that this situation de- an unidentified man wearing a tweed egories of classified information are mands immediate attention, but the jacket entered the Secretary of State’s covered by existing statutes. This in- intelligence budget faces the same con- office suite unchallenged by State De- cludes nuclear weapons data and de- strained fiscal situation as other areas partment employees and removed clas- fense information. Unfortunately much of the Federal budget. We have, there- sified documents. No one knows who he sensitive intelligence information does fore, realigned priorities within exist- was. not fall into one of the existing defini- ing resources in order to reverse this The only conclusion that I can draw tions. Disclosure of this information downward trend. This was not an easy is that the State Department culture could compromise sensitive sources process and we were forced to make does not place a priority on security. and in some cases endanger peoples some painful tradeoffs, but ensuring Despite Secretary Albright’s efforts to lives. The provision in the bill has been the future of the NSA is the commit- correct procedural deficiencies and to carefully crafted to avoid first amend- tee’s top priority. We cannot stand by emphasize the need for better security, ment concerns and the chairman and I and allow the United States to lose we have not seen much progress. The will offer a technical amendment in- this capability. We have taken prudent authorization bill contains a provision corporating suggestions made by the steps in this legislation to make sure requiring all elements of the State De- Attorney General. It is my under- NSA will continue to be the premier partment to be certified as in compli- standing that she supports the provi- signals intelligence organization in the ance with regulations for the handling sion as amended. world. of Sensitive Compartmented Informa- Another provision which merits fur- The bill also attempts to address an tion. This is the most highly classified ther explanation is the section dealing imbalance that has concerned the com- information and is controlled by the with treaty implementing legislation. mittee for some time. We have argued Director of Central Intelligence. If a This language provides that future that our ability to collect intelligence component of the State Department is criminal laws enacted to implement far exceeds our ability to analyze and not in compliance with the applicable treaties will not apply to intelligence disseminate finished intelligence to the regulations, then that office will no activities unless those activities are end user. We spend a tremendous longer be allowed to retain or store specifically named in the legislation. amount of the budget developing and this sensitive information. It is unfor- On its face this could be interpreted as fielding satellites, unmanned aerial ve- tunate that this provision is necessary, exempting our intelligence community hicles and all manner of other senors but we must make it clear to individ- from the law regardless of the nature and collection platforms. These pro- uals who handle classified material of the activity. In fact, this only ap- grams are important but too often new that we are serious about enforcing se- plies to activities which are otherwise sensors are put into place without suf- curity rules. lawful and authorized. Intelligence ac- ficient thought to how we will process A broader but related area of concern tivities are subject to an extensive set and distribute the additional data. No is the ability of the U.S. Intelligence of statutes, regulations and presi- matter how good a satellite is at col- community to meet the counterintel- dential directives. These rules try to lecting raw intelligence, it is useless if ligence threats of the 21st Century balance our need for intelligence to that intelligence never makes it into with current structures and programs. protect our national security with the the hands of a competent analyst and We can no longer worry only about the American sense of values and ethical then on to an end user. intelligence services of adversaries behavior. This imbalance has been particularly such as the old Soviet Union, North Intelligence gathering—spying—is an acute at the National Imagery and Korea, or Cuba. We must deal with ever inherently deceitful activity. To pro- Mapping Agency. At the request of more sophisticated terrorist organiza- tect our military forces, thwart ter- Congress, NIMA has identified pro- tions and international crime syn- rorist acts, or dismantle drug traf- jected processing shortfalls associated dicates capable of launching their own ficking organizations, we gather infor- with its future sensor acquisition intelligence and counterintelligence ef- mation through surreptitious means. plans. NIMA also outlined a three forts. We also face challenges from We either convince people to betray phase modernization to address these friendly states seeking access to eco- their country or cause, or we use intru- shortfalls. Unfortunately, the future nomic data and advanced U.S. tech- sive technical means to find out what year funding profile creates a situation nology. people are doing or saying. This may that will force the intelligence commu- All of these changes argue for a make some people uncomfortable, but nity to either cut deeply into other major retooling of a U.S. counterintel- it is absolutely essential to protecting programs or abandon the moderniza- ligence apparatus designed for the cold American interests. Treaties that pro- tion. The committee has rejected that war. The Director of Central Intel- scribe certain kinds of behavior should approach and has realigned priorities ligence, the Director of the FBI, and not inadvertently restrict these intel- in order to avoid this budgetary the Deputy Secretary of Defense have ligence activities. If the Congress in- squeeze in the out years. It makes no undertaken an effort, referred to as CI– tends to apply treaty implementing sense to purchase expensive collection 21, to design the structures and policies legislation to intelligence activities,

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9594 CONGRESSIONAL RECORD — SENATE October 2, 2000 then we should say so explicitly. We the intelligence community could over hallmark of the committee. Let me want to be precise and ensure that in- time co-opt permanently serving mem- single our Bill Duhnke and Joan telligence operatives in the field under- bers. In fact, new members who have Grimson, the majority staff director stand what we expect of them. Ambi- little experience with the workings of and deputy for their excellent coopera- guity and uncertainty are more likely the intelligence community are more tion and the courtesy they have ex- to create problems. This provision will dependent on information provided by tended this year. I should note that put the burden on Congress to make the intelligence agencies. SSCI mem- Joan is not here today because she is the determination of which treaty re- bers are no more likely to be co-opted off on maternity leave. I extend my strictions we want to apply to intel- by the intelligence community than congratulations to her and her husband ligence activities. the members of other authorizing com- on the birth of their first child, Jac- I have served on the Intelligence mittees are likely to be co-opted by the queline Anna. I also thank Melvin Committee for almost 8 years now and Departments and agencies they over- Dubee, my deputy minority staff direc- I have had the privilege of serving as see. The second reason term limits tor. Melvin brings a wealth of experi- vice chairman since January. During were enacted stemmed from the under- ence to the job, and it has been re- that time I have made a few observa- standable view that the SSCI would flected in the sound advice I have come tions that I would like to share. Since benefit from a flow of fresh ideas that to depend on him to provide. Vicki I am leaving the committee and the new members would bring. But because Divoll, who joined the committee staff Senate at the end of this year, I have of naturally occurring turnover, new as counsel in January, also has been in- no vested interest other than my con- members have regularly joined the valuable to me during the preparation tinuing belief in the importance of the committee, irrespective of term limits. of this legislation and in dealing with committee’s work conducting over- Since the SSCI was created 24 years other legal issues. sight of the intelligence community. ago, approximately sixty Senators Finally, I would have been lost as My experience leads me to the con- have served on the committee. Mem- vice chairman without the guidance clusion that excessive turnover is seri- bers have served an average of just and advice of Al Cumming, the minor- ously hampering the effectiveness of over 5 years—and approximately 60 per- ity staff director. Al kept me well in- the Intelligence Committee—a com- cent of committee members have formed and helped me focus on issues mittee the Senate relies upon and served on the committee less than 8 that will have a lasting impact on the points to in reassuring the American years. This historical record confirms people that the intelligence commu- functioning of the intelligence commu- that vacancies will continue to occur nity. The staff has done superb work on nity is being appropriately monitored regularly on the SSCI, thus allowing by their elected representatives. Be- this legislation. the new faces and fresh ideas. At the Mr. LOTT. Mr. President, I thank cause of the 8-year limitation, member same time, however, members who Senator BRYAN for his comments. Obvi- turn-over can be, and often is dra- have a long-term interest in the area of ously, as I said, this is very important matic. For example, when the 107th intelligence should continue to serve legislation. The Intelligence Com- Congress convenes next January, 5 of and develop expertise. mittee does good work, important the 7 currently serving Democrats will My second observation relates to the have departed the committee. At the work for our committee. It has been committee’s authority but also to a partially delayed by misunderstandings end of the 107th Congress, 5 of the 8 larger issue that is the question of de- currently serving Republicans will which we have worked out. I think ev- classifying the top line number for the erybody is satisfied with this. I thank leave the committee. intelligence budget. It is difficult to Over time, this brain drain dimin- the chairman for his persistence. I conduct a thorough and rationale de- ishes the committee’s ability to dis- yield to the chairman of the com- bate concerning intelligence policy charge its responsibilities. For exam- mittee. without mentioning how much money ple, in 1994 the committee dealt with Mr. SHELBY. Mr. President, I want the Aldrich Ames espionage case, argu- we spend on our intelligence system. to take a minute or two and talk about ably the most devastating counter- Declassifying the top line budget would my colleague from Nevada, Senator intelligence failure of the cold war. allow for a healthy debate within the BRYAN. He is going to be leaving the The committee produced a report ex- Congress about the priority we place Senate soon. As the vice chairman of tremely critical of the CIA in this case on intelligence. I would provide greater the committee—a long-term and long- and of the way the CIA and FBI dealt visibility and openness to average time member of the Senate Intel- with counterintelligence in general. Americans, whose tax dollars fund ligence Committee—he has been a de- The Ames debacle led to a major re- these programs. Disclosure of the over- light to work with most of the time. structuring of our national counter- all budget would provide these benefits Seriously. He puts a lot of effort into intelligence system with significant without damaging U.S. national secu- what we do on the Senate Intelligence legislative input. Yet today, there is rity. DCI Tenet declassified the budget Committee. only one member on the majority side numbers for top past budgets with no I would be remiss if I did not bring who served on the committee during adverse effects, but has declined to that up as we pass this bill tonight. We that period, and at the end of this year continue this practice. I hope that the have a conference to go to. We will be there will be no members on the Demo- Congress and the next administration spending a lot of time together in the cratic side. This lack of corporate will revisit this issue and left this un- waning days of this Congress. DICK memory greatly reduces the commit- necessary veil of secrecy. BRYAN served this country well, first as tee’s effectiveness. Finally, Mr. President, I want to a State legislator, as the attorney gen- This committee deals with sensitive thank the staff of the Intelligence eral of his State, as the Governor of his and complex issues, and much of the Committee for the work they do and State, and in two terms in the U.S. committee’s business involves the for the support they have given me as Senate. I have worked with him on a technical agencies such as the National vice chairman. The committee is lot of issues, and I can say this: He is Security Agency and the National Re- staffed by professionals dedicated to a hard worker, he is smart, he is going connaissance Office. To understand ensuring that the intelligence commu- to be prepared, he is going to be tough, these issues a Senator must invest sig- nity enhances U.S. national security and he is going to put the Nation first. nificant time to committee briefings and does so in strict compliance with Mr. BRYAN. Mr. President, if I may and hearings. There is no outside the intent of Congress. The staff is respond to the excessively generous source to go to stay abreast of develop- unique in the Senate in that the vast comments of my chairman, my col- ments in the intelligence community. majority are nonpartisan and go about league, and my friend, the reality is Just about the time members are be- their business without regard to any that working with him has been a ginning to understand these issues political agenda. The four members of pleasure. Without his cooperation and, they are forced to rotate off the com- the staff with partisan affiliations, the obviously, trying to work in a bipar- mittee. This makes no sense. staff directors and their deputies, ap- tisan way to process this piece of legis- The rationale behind the term limits proach their work with same spirit of lation and other things we have done was two fold. First, it was feared that bipartisanship that always has been a since the two of us have been privileged

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9595 to serve as chairman and vice chair- modify his unanimous consent request Mr. LOTT. I say for the RECORD—and man, we would not be here today with to discharge the Judiciary Committee you know that it is true because I be- this bill. on further consideration of the nomi- lieve you were with me when he spoke I acknowledge his leadership. The nation of Bonnie Campbell, the nomi- to me—Senator GRASSLEY has indi- good citizens of Alabama have a fine nee for the Eighth Circuit Court, and cated more than once his support for Member here and a person with whom that her nomination be considered by the nominee. So he has made it clear I have been privileged to work for the the Senate under the same terms and he does support her. I do not know all last 12 years I have been in the Senate, at the same time as the nominees in- of the problems or if there are any. But and most especially this last year when cluded in the majority leader’s re- perhaps further consideration could we have served in our respective roles quest? occur. I am sure you won’t relent. on the Intelligence Committee. I thank I ask the majority leader if he would Mr. HARKIN. I plan to be here every him publicly. modify his request. day. I thank the leader. Mr. LOTT. Mr. President, I suggest Mr. LOTT. Mr. President, I under- The PRESIDING OFFICER. Is there the absence of a quorum. stand the Senator’s interest in that ad- objection to the majority leader’s The PRESIDING OFFICER. The ditional nomination. I do not think I original request? clerk will call the roll. have ever moved to discharge the Judi- Without objection, it is so ordered. Mr. LOTT. Mr. President, I suggest The legislative clerk proceeded to ciary Committee on a single nomina- the absence of a quorum. call the roll. tion or a judge. There are other judges The PRESIDING OFFICER. The Mr. LOTT. Mr. President, I ask unan- presumably that will also need to be clerk will call the roll. imous consent that the order for the considered. I do appreciate the agree- The legislative clerk proceeded to quorum call be rescinded. ment that has been reached here. I call the roll. The PRESIDING OFFICER. Without know that it has been difficult for the Mr. KYL. Mr. President, I ask unani- objection, it is so ordered. Senator from Iowa to even agree to mous consent that the order for the f this. But in view of the fact that the quorum call be rescinded. committee has not acted, I could not The PRESIDING OFFICER. Without UNANIMOUS CONSENT AGREE- agree to that at this time, so I would objection, it is so ordered. MENT—EXECUTIVE CALENDAR have to object. f Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. Is there imous consent that following the vote objection? MORNING BUSINESS relative to the H–1B bill and the visa Mr. HARKIN. Mr. President, further Mr. KYL. Mr. President, I ask unani- waiver bill on Tuesday, the Senate im- reserving the right to object for just mous consent, on behalf of the leader, mediately proceed to executive session one more, again, I just want to say to that the Senate now be in a period of to consider the following nominations the majority leader that on some of morning business with Senators speak- on the Executive Calendar, en bloc: No. these nominees—I think maybe three ing for up to 10 minutes each. 652, Michael Reagan; No. 654, Susan of them were nominated, got their The PRESIDING OFFICER. Without Bolton; and No. 655, Mary Murguia. hearings and were reported out of com- objection, it is so ordered. I further ask unanimous consent that mittee all within one week in July. Yet f following the en bloc consideration, the Bonnie Campbell from Iowa was nomi- TRIBUTE TO REAR ADMIRAL following Senators be recognized to nated early this year. She has had her LOUIS M. SMITH, CIVIL ENGI- speak for the allotted timeframes. hearing, and has been sitting there now NEER CORPS, U.S. NAVY They are: Senator HATCH for 20 min- for four months without being reported Mr. LOTT. Mr. President, it is with utes; Senator KYL for 20 minutes; Sen- out. I just find this rather odd. I great pleasure that I rise to take this ator LOTT or designee for 20 minutes; haven’t heard of any objections to opportunity to recognize the exem- Senator LEVIN for 20 minutes; Senator bringing her nomination out on the plary service and career of an out- ROBB for 10 minutes; Senator HARKIN floor. standing naval officer, Rear Admiral for 30 minutes; Senator LEAHY for 20 I just ask the majority leader wheth- Louis M. Smith, upon his retirement minutes; and Senator DURBIN for 10 er or not we can expect to have at least from the Navy at the conclusion of minutes. some disposition of Bonnie Campbell more than 33 years of honorable and I further ask unanimous consent that before we get out of here. distinguished service. Throughout his following the use or yielding back of Mr. LOTT. I respond, Mr. President, exemplary career, he has truly epito- time, the nominations be temporarily that I do not get into the background mized the Navy core values of honor, set aside. of all the nominees when they are be- courage, and commitment and dem- I also ask unanimous consent that fore the committee. I do not know all onstrated an exceptional ability to ad- following that debate, the Senate then of the background on these nominees. vance the Navy’s facilities require- proceed to the nomination of Calendar As majority leader, when nominations ments within the Department of De- No. 656, James Teilborg, and there be reach the calendar, I try to get them fense and the Congress. It is my privi- up to 1 hour each for Senators HATCH, cleared. I do think the fact that we had lege to commend him for a superb ca- KYL, and LEAHY, and up to 3 hours for not been able to clear these four, even reer of service to the Navy, our great Senator HARKIN or his designee, and though they were already on the cal- Nation, and my home State of Mis- following the use or yielding back of endar, has maybe had a negative im- sissippi. the time, the Senate proceed to vote in pact on other nominations being re- Since September 1998, Rear Admiral relation to that nominee, without any ported on the assumption that, well, if Smith has served as the Commander, intervening action or debate, to be fol- we could not move these, which were, I Naval Facilities Engineering Com- lowed immediately by a vote en bloc in think, unanimously cleared quickly mand, and Chief of Civil Engineers. As relation to the three previously de- without any reservations, that that the senior civil engineer in the Navy, bated nominations. I further ask con- had become an impediment. I do not he is responsible for the planning, de- sent that the vote count as three sepa- know that this will remove that im- sign, construction and maintenance of rate votes on each of the nominations. pediment, but it looks to me as if it is naval facilities around the globe. On Finally, I ask consent that following a positive step. Capital Hill, he is best known for his the confirmation votes, the President Mr. HARKIN. I just say to the leader, quick wit, entertaining and inform- be immediately notified of the Senate’s it seems odd we have a nominee that is ative testimony, and ability to commu- action and the Senate then return to supported by both of the Senators from nicate the Navy’s facilities require- legislative session. her home State, on both sides of the ments in addition to his role in devel- The PRESIDING OFFICER. Is there aisle, on the Republican and Demo- oping and executing the Navy’s Mili- objection? cratic side; and I think she is not get- tary Construction, Base Realignment Mr. HARKIN. Reserving the right to ting her due process here in this body. and Closure and Environmental pro- object, I ask the distinguished major- I just want to make that point. I appre- grams. He often testified before con- ity leader, in good faith, if he would ciate that. gressional committees and ensured

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9596 CONGRESSIONAL RECORD — SENATE October 2, 2000 that Members of Congress and their the disaster recovery from Hurricane that they have learned a lot about the staffs fully understood the Navy’s George; he was there to provide out- kind of things money can’t buy—like shore infrastructure requirements. In standing facilities support for U.S. love and laughter. this capacity, Rear Admiral Smith was Navy bases in Mississippi; and he was I am proud to honor the Merrymans second to none. there to assist my staff in providing for the love that they show their fam- Previously, he served as the Director, the highest levels of facilities support ily, and to the commitment they share Facilities and Engineering Division for for our Navy. On January 1, 2001, he in promoting adoption. In my own the Chief of Naval Operations where he will enter retirement and the Navy will state of West Virginia, we have had a had a hand in shaping the Navy’s readi- wish him fair winds and following seas. 51 percent increase in the number of ness ashore, as well as numerous qual- On behalf of the Congress, I congratu- adoptions since 1995 because of caring ity-of-life initiatives to improve the late Rear Admiral Louis Martin Smith families like the Merrymans. lives of Sailors and Marines. A true on the completion of an outstanding We as a Nation need to continue to shore facilities expert, his previous and successful career with very best offer our support to these special fami- public works assignments included As- wishes for even greater successes in the lies. As a member of Congress I will sistant Public Works Officer, Naval Air future. continue to introduce legislation that Station, Brunswick, Maine; Public f will build on the foundation of the 1997 Works Officer, Naval Air Station, Adoption and Safe Families Act to en- ANGELS IN ADOPTION AWARD Keflavik, Iceland; and Commanding Of- sure our children a safe and stable ficer, Public Works Center, San Diego, Mr. ROCKEFELLER. Mr. President, home. California. as a member of the Congressional Coa- f As an acquisition professional, he has lition on Adoption, I would like to had numerous contracting assign- commend Senators MARY LANDRIEU VICTIMS OF GUN VIOLENCE ments, including Officer-in-Charge of and LARRY CRAIG for their leadership Mr. BYRD. Mr. President, it has been Construction, Mid Pacific, Pearl Har- in creating the Angels in Adoption pro- more than a year since the Columbine bor, Hawaii and Head of Acquisition gram. I am happy to join in this initia- tragedy, but still this Congress refuses and Vice Commander of Western Divi- tive to honor the special families that to act on sensible gun legislation. sion, San Bruno, California. He em- open their hearts and homes when they Since Columbine, thousands of Amer- barked on his brilliant naval career as adopt a child. This year I want to rec- icans have been killed by gunfire. Until the Officer in Charge of Seabee Team ognize a special family from Falling we act, Democrats in the Senate will 5301, making three deployments to Waters, West Virginia as our very own read the names of some of those who Vietnam and earning the Bronze Star angels in adoption. The Merryman fam- have lost their lives to gun violence in and Combat Action Ribbon. ily has been nominated for the Angels the past year, and we will continue to The Navy will best remember Rear in Adoption Award by Steve Wiseman, do so every day that the Senate is in Admiral Smith for his mastery of the Executive Director of West Virginia session. Navy’s financial system and his prow- Developmental Disability Council, for In the name of those who died, we ess in effectively navigating the polit- being outstanding examples of adoptive will continue this fight. Following are ical waters within the Beltway. His parents. the names of some of the people who eight tours in the Nation’s Capital Scott and Faith Merryman have been were killed by gunfire one year ago began with duty in the office of the happily married for 32 years and live in today. Chief of Naval Operations as Facilities Berkeley County, West Virginia. They October 2, 1999: Engineer, Security Assistance Division both work in the disability field, Scott Dian Bailey, 29, Detroit, MI; (OP–63). After an exchange tour on the as a supervisory mentor at the Autism Charles L. Coron, 52, New Orleans, Strategic Air Command staff, he then Center and Faith at the West Virginia LA; served as the Director of the Chief of Parent Training Information Center, a Joanel Facouloute, 46, Miami-Dade Naval Operations’ Shore Activities resource center for parents of children County, FL; Planning and Programming Division with special needs. Filiberto Gamez, 21, Chicago, IL; (OP–44), followed by a tour in the Office They have 6 children, 8 grand- Lucretia Henderson, 13, Kansas City, of the Comptroller of the Navy. Later, children, and one great-grandchild. MO; he served in the offices of the NAVFAC Two of their children, Richard and Kenneth Holland, 39, Louisville, KY; Comptroller and the Director of Pro- Hope, are adopted and they are in the Leroy L. Lee, 31, Chicago, IL; grams and Comptroller, NAVFAC. process of adopting another foster George Morris, 24, Washington, DC; After his Command tour in San Diego, child, Charity Megan. Hugo Najero, 15, San Antonio, TX; he returned to NAVFAC Headquarters Richard, who has cerebral palsy, is 26 Majid Radee, 30, Detroit, MI; as Vice Commander and Deputy Chief years old, and now lives in his own Edison Robinson, 25, Detroit, MI; of Civil Engineers. Rear Admiral apartment. Richard is a member of the Harold Swan, 37, Louisville, KY; Smith’s knowledge of the Fleet, cou- West Virginia Team of the President’s Richard Thomas, 30, Philadelphia, pled with his unparalleled planning and Committee on Mental Retardation and PA; financial acumen, was absolutely vital attended the International Academy in Ruben Trevino, Jr., 46, Houston, TX; to successfully charting the Navy’s 1999. He is also a member of the West Unidentified male, 17, Portland, OR. course through both the 1980s build-up Virginia Developmental Disabilities One of the victims of gun violence I and the post-Cold War draw-down. Council and a self-directed activist on mentioned, 13-year-old Lucretia Hen- Rear Admiral Smith is a native of accessibility and other disability derson of Kansas City, Missouri, was Milwaukee, Wisconsin, and a graduate issues. shot and killed while riding in a car of Marquette University where he re- Hope was adopted at 13 days old be- with her cousin and two friends. ceived his Bachelor of Science in Civil cause her birth parents were unable to Lucretia was killed when her two Engineering. He later attended Purdue take care of her. She is now 19 years friends in the backseat began playing University where he earned his Master old and enjoys working as an Assistant with a handgun. of Science in Civil Engineering. Mar- Manager in a local restaurant as well Following are the names of some of ried to the former Susan Clare Kauf- as spending time with her family. the people who were killed by gunfire mann of Milwaukee, he and Susan have Charity Megan came to the one year ago on Friday, Saturday and two sons, Brian and Michael. Merryman family when she was 14 Sunday. My home State of Mississippi has months old from an institution. She is September 29, 1999: benefitted greatly from the contribu- now 17 years old, and has severe dis- Jeffrey Dowell, 38, Philadelphia, PA; tions of Rear Admiral Smith’s vision- abilities including facial deformities, Jose Escalante, 19, Philadelphia, PA; ary leadership, consummate profes- stunted growth, mental retardation, Louis Grant, 17, Baltimore, MD; sionalism, uncommon dedication, and and a seizure disorder. James Heyden, 23, Detroit, MI; enduring personality. For the State of Despite the long hours of care and Jose Martinez, 16, Houston, TX; Mississippi, he was there to assist in trips to the doctor, Scott and Faith say Tracey Massey, 25, Charlotte, NC;

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9597 Ismael Mena, 45, Denver, CO; the Constitution between the executive [From the Washington Post, Aug. 20, 2000] Antoine Moffett, 19, Chicago, IL; and legislative branches and between UNITED WE STAND, IN LINE Michael Rivera, 24, Philadelphia, PA; the states and the Federal government. Alexander Williams, 30, St. Louis, In addition to his contributions to the (By A.G. Newmeyer) MO; Constitution and the structure of Chicago was created, as the old joke goes, Christopher Worsley, 46, Atlanta, GA. American government, Madison kept for New Yorkers who like the crime and traf- September 30, 1999: the most accurate record of the Con- fic but wanted colder winters. And now, it William C. Benton, 46, Memphis, TN; seems, Chicago—like other United Airlines stitutional Convention in Philadelphia hubs—was created for travelers willing to Ziyad Brown, 22, Baltimore, MD; of any of the participants. Madison’s spend their summer vacations waiting in Carl D. Budenski, 84, New Orleans, notes from the Convention are a gift lines at the airport. If United’s proposed LA; for which historians and students of takeover of US airways goes through, Wash- John Cowling, 27, Detroit, MI; government will forever owe a debt of ington may have been created for Chicagoans Jason Curtis, 17, San Antonio, TX; gratitude. who wanted to spend their days in lines at a Ellen Davis, 74, Houston, TX; After the Constitutional Convention, smaller airport. Benacio Ortiz, 31, Chicago, IL; Madison worked toward ratification of Given the size of US Airway’s operations in Rovell Young, 35, Detroit, MI. the Constitution in two of the states our region (particularly its share of traffic at October 1, 1999: most crucial for the new government: Reagan National Airport), as well as Giles E. Anderson, 35, Hollywood, FL; Virginia and New York. He narrowly United’s proposed rule in operations of the Terry Tyrone Dooley, 40, New Orle- new DC Air frequent fliers worry that the secured Virginia’s ratification of the Clinton administration and Congress might ans, LA; Constitution over the objections of actually permit United’s expansion. Vernon Hill, 62, Denver, CO; such prominent Virginians as George United we stand, in line. Divided, we fly Leroy Kranford, 67, Detroit, MI; Mason and Patrick Henry. He assisted . . . at least, some of us. Michael Pendergraft, 43, Oklahoma in the New York ratification effort Federal Aviation Administrator Jane City, OK; through his contributions to the Fed- Garvery recently pointed to myriad factors Michael Preddy, 32, Minneapolis, MN; eralist Papers. in explaining this summer’s air travel deba- Carmen Silayan, Daly City, CA; The Federalist Papers, written by cle; a system operating at peak capacity in a James Stokes, 27, Washington, DC; James Madison, Alexander Hamilton, booming economy, weather, labor, issues and Joanne Suttons, 35, Detroit, MI. and John Jay are used to this day to so on. United’s senior management, at least We cannot sit back and allow such interpret the Constitution and explain until its recent apologies seemed happy to senseless gun violence to continue. The American political philosophy. Fed- point the finger anywhere but in the mirror. deaths of these people are a reminder eralist Number 10, written by Madison, Many of the excuses don’t stand up to scru- tiny. News reports, for example, have noted to all of us that we need to enact sen- is the most quoted of all the Federalist sible gun legislation. that United is quicker than other airlines to Papers. blame weather for cancellations. Seldom is f As a member of the U.S. House of it mentioned that a carrier’s obligation to THE JAMES MADISON COMMEMO- Representatives, Madison became the pay for hotel rooms and otherwise take care RATION COMMISSION ACT primary author of the first twelve pro- of passengers vanishes when nature is the posed amendments to the Constitution. culprit. Similarly, even if pilots are unwill- Mr. WARNER. Mr. President, it is Ten of these were adopted and became ing to fly their customary schedules, cus- unfortunate that James Madison’s leg- known as the Bill of Rights. tomer service agents at the counters and on acy is sometimes overshadowed by James Madison presided over the the phones could be augmented to take care of the obvious resultant crush. Waiting other prominent Virginians who were Louisiana Purchase as Secretary of also founding fathers of the United times make a mockery of such customer- State under President Jefferson and friendly tactics, particularly for passengers States. Most Americans can readily re- prosecuted the War of 1812 as Presi- finding our exactly how inconvenient the cite the accomplishments of George dent. He was a named party in Marbury convenience of ticket-less travel is. Washington and Thomas Jefferson. And vs. Madison, the famous court case in Common sense would suggest that United while most people can identify James which the Supreme Court defined its management has a very full plate trying to Madison as an important figure in role as arbiter of the Constitution by fly its current fleet. Only the luckiest occa- American history, his exact accom- asserting it had the authority to de- sional traveler on United could conclude plishments are sometimes less well clare acts of Congress unconstitu- that the airline has been operating in the known than some of his contem- tional. public interest this year. Interestingly, the federal government’s review of the proposed poraries. As we approach the 250th an- James Madison was born March 16, niversary of James Madison’s birth, I merger may pay scant attention to common 1751, in Orange County, Virginia. Ac- sense. wish to bring to your attention the cordingly, I urge your support of the outstanding contributions he made to The government’s review focuses largely James Madison Commemoration Com- on antitrust and competitive considerations, the fledgling United States. mission Act, legislation that will rec- not on the broader public interest. Although During the course of his life, James ognize the life and accomplishments of the Department of Transportation has a role Madison exhibited all the best qualities James Madison on the 250th anniver- to play, responsibility for the willingness to of a politician and a scholar. As a poli- sary of his birth. treat customers like human beings may get short shrift in a review process that is both tician, he served as a member of the f Virginia House of Delegates, a member legal and laughable. of the U.S. House of Representatives, PROPOSED MERGER OF UNITED In the long term, business courses are like- U.S. Secretary of State, and two-term AIRLINES AND US AIRWAYS ly to include discussion of how United’s man- President of the United States. As a Mr. MCCAIN. Mr. President, the Com- agement ruined a world-class, respected scholar, he is associated with three of merce Committee recently approved S. brand, Labor’s ownership role and board seats at United may cause other companies the most important documents in Res. 344, which expresses the Sense of to wonder about the efficacy of such arrange- American history: the U.S. Constitu- the Senate that a merger of United ments. tion, the Federalist Papers, and the Airlines and US Airways would hurt In the short term, the United mess de- Bill of Rights. In Virginia, we have consumers’ interests. A.G. Newmyer, serves a more thorough governmental review paid tribute to James Madison by nam- managing director of U.S. Fiduciary before its management expands its choke- ing one of our fine state universities Advisors, similarly addressed the pub- hold on passengers to include US Airways after him—James Madison University lic interest perspective in a guest edi- and DC Air. Although time is short in this in Harrisonburg, Virginia. torial printed in The Washington Post. election year, Congress would find vast voter More than any other American, I ask unanimous consent that the piece sympathy in reviewing whether applicable Madison can be credited with creating merger statutes are appropriate. And before be reprinted in the RECORD in its en- President Clinton finds himself joining the the system of Federalism that has tirety. rest of us on commercial flights, he should served the United States so well to this There being no objection, the mate- direct his administration to just say no to a day. Madison’s indelible imprint can be rial was ordered to be printed in the broader role for United in today’s unfriendly seen in the delicate balance struck in RECORD, as follows: skies.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9598 CONGRESSIONAL RECORD — SENATE October 2, 2000 COASTAL ZONE MANAGEMENT ACT ists for the federal government to in- rimentally affect the quality of the OF 2000 crease its support for states and local marine environment in other states. Mr. KERRY. Mr. President, I rise to communities that are working to pro- We are seeing the effects of polluted make a few remarks on the Coastal tect and preserve our coastal zone. To runoff both in our coastal communities Zone Management Act of 2000, legisla- accomplish that goal, the Committee and on our nation’s living marine re- tion to reauthorize the Coastal Zone has reported a bill that substantially sources and habitats. I’m pleased that Management Act. This bill, S. 1534, was increases annual authorizations for the we’ve included the runoff provision in passed last Thursday evening by unani- CZMA program and targets funding at S. 1534. It’s an important step forward mous consent. controlling coastal polluted runoff, one and I believe we will see the benefits in To begin, I want to thank Senator the more difficult challenges we face in our coastal environment and economy. SNOWE, our chairman on the Oceans the coastal environment. The Coastal Zone Management Act of and Fisheries Subcommittee on the S. 1534 would provide a significant in- 2000, Mr. President, has been endorsed Commerce Committee, for putting this crease to the CZMA Program. Total au- by the 35 coastal states and territories legislation on the Committee agenda thorization levels would increase to through the Coastal State Organiza- this Congress and working for its en- $136.5 million in FY2001. For grants tion. It also has the endorsement of the actment under Section 306, 306A, and 309, the Great Lakes Commission, American When Congress enacted the Coastal bill would authorize $70 million begin- Oceans Campaign, Coast Alliance, Cen- Zone Management Act in 1972, it made ning in FY00 and increasing to $90.5 ter for Marine Conservation, Sierra the critical finding that, ‘‘Important million in FY04. For grants under sec- Club, Environmental Defense, Cali- ecological, cultural, historic, and es- tion 309A, the bill would authorize $25 fornia CoastKeeper and many other thetic values in the coastal zone are million in FY00, increasing to $29 mil- groups. It’s a long list. I will ask unan- being irretrievably damaged or lost.’’ lion in FY 04; of this amount, $10 mil- imous consent to have printed into the As we deliberated CZMA’s reauthoriza- lion or 35 percent, whichever is less, RECORD a letter from support organiza- tion this session, I measured our would be dedicated to approved coastal tions. I add that S. 1534 passed the Sen- progress against that almost 30-year- nonpoint pollution control strategies ate Commerce Committee, with its re- old congressional finding. And, I con- and measures. For the NERRS, the bill gionally diverse membership, unani- cluded that while we have made tre- would provide $12 million annually for mously. mendous gains in coastal environ- construction projects, and for oper- I want to thank some of those as- mental protection, the increasing chal- ation costs, $12 million in FY 2001, in- sisted my staff with this legislation, lenges have made this congressional creasing to $15 million in FY04. Fi- and helping us pass it in the Senate. finding is as true today as it was then. nally, the bill would provide $6.5 mil- They include the Massachusetts Coast- At our oversight hearing on this leg- lion for CZMA administration. al Zone Program office and its Direc- islation, Dr. Sylvia Earle testified on This reauthorization also tackles the tor, Tom Skinner, who provided tech- the current and future state of our problem of coastal runoff pollution. nical assistance on the program, as coastal areas. Dr. Earle has dedicated This is one of the great environmental well as the Center for Marine Conserva- her career to understanding the coastal and economic challenges we face in the tion, Natural Resources Defense Coun- and marine environment, and knows as coastal zone. At the same time that cil, American Ocean Campaign, the much about it as anyone. She warned pollution from industrial, commercial Coastal States Organization and the us that, ‘‘We are now paying for the and residential sources has increased in Coast Alliance. And I thank my col- loss of wetlands, marshes, mangroves, the coastal zone, the destruction of leagues on the Commerce Committee. forests barrier beaches, natural dunes wetlands, marshes, mangroves and I ask unanimous consent that the and other systems with increasing other natural systems has reduced the letter to which I referred be printed in costs of dealing somehow with the capacity of these systems to filter pol- the RECORD. services these systems once provided— lution. Together, these two trends have There being no objection, the letter excessive storm damage, benign recy- resulted in environmental and eco- was ordered to be printed in the cling of wastes, natural filtration and nomic damage to our coastal areas. RECORD, as follows: cleansing of water, production of oxy- These effects include beach closures SEPTEMBER 18, 2000. gen back to the atmosphere, natural around the nation, the discovery of a Hon. TRENT LOTT absorption of carbon dioxide, stabiliza- recurring ‘‘Dead Zone’’ covering more Majority Leader, U.S. Senate, tion of soil, and much more. Future than 6,000 square miles in the Gulf of Washington, DC. Mexico, the outbreak of Pfiesteria on DEAR SENATOR LOTT: On behalf of the fol- generations will continue to pay, and lowing organizations, we are writing to urge pay and pay unless we can take meas- the Mid-Atlantic, the clogging of ship- you to schedule S. 1534, the Coastal Zone ures now to reverse those costly ping channels in the Great Lakes, and Management Act of 2000, for floor consider- trends.’’ harm to the Florida Bay and Keys eco- ation as soon as possible. Sponsored by Sen- The Coastal States Organization, rep- systems. In Massachusetts, we’ve faced ators SNOWE and KERRY, S. 1534 has been re- resented by their chair, Sarah Cooksey, a dramatic rise in shell fish beds clo- ported out of the Commerce Committee with told the Committee that, ‘‘In both eco- sures, which have put many of our fish- unanimous bipartisan support. nomic and human terms, our coastal ermen out of work. Since its enactment in 1972, the Coastal To tackle this problem, the Coastal Zone Management Act (CZMA) has helped challenges were dramatically dem- protect and improve the quality of life along onstrated in 1998, by numerous fish- Zone Management Act of 2000 targets the coast by providing incentives to states to kills associated with the outbreaks of up $10 million annually to, ‘‘assist develop comprehensive programs to meet the harmful algal blooms, the expansion of coastal communities to coordinate and challenges facing coastal communities re- the dead zone of the Gulf coast, and the implement approved coastal nonpoint ducing their vulnerability to storms and ero- extensive damage resulting from the pollution control strategies and meas- sion, the effects of pollution on shellfish beds record number of coastal hurricanes ures that reduce the causes and im- and bathing water quality, and loss of habi- pacts of polluted runoff on coastal tat, to name a few. and el Nino events. Although there has The CZMA has proven to be a model stat- been significant progress in protecting waters and habitats.’’ This is an impor- ute for promoting national, state and local and restoring coastal resources since tant amendment. For the first time, we objectives for balancing the many uses along the CZMA and Clean Water Acts were have elevated the local management of the coasts. There is no better testament to passed in 1972, many shell fish beds re- runoff as national priority within the the success of the state/federal partnership main closed, fish advisories continue to context of the CZMA program. Runoff forged by the CZMA than the fact that 34 of be issued, and swimming at bathing is not a state-by-state problem; the 35 eligible coastal states, commonwealths beaches across the country is too often marine environment is far too dy- and territories have chosen to participate in namic. States share the same coast- the program. Federal assistance provided restricted to protect public health.’’ under the Act is matched by states dollar for It is clear from the evidence pre- lines and border large bodies of waters, dollar. Each state can point to significant sented to the Committee in our over- such as the Gulf of Mexico, the Chesa- benefits resulting from the Act, such as im- sight process and from other input that peake Bay or the Long Island Sound, so proved coastal ecosystem health; revitalized I have received, that a great need ex- that pollutants from one state can det- waterfront communities; coastal habitat

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9599 conservation and restoration; increased mar- like the late Mike McKevitt did. trict attorney for the city and county of itime trade, recreation, and tourism; and the Former Congressman and Assistant Denver until entering Congress in 1971. establishment of estuarine research reserves U.S. Attorney General James D. Mr. McKevitt was a member of St. John’s which serve as living laboratories and class- ‘‘Mike’’ McKevitt passed away last Episcopal Church at Lafayette Square in rooms. Washington. The lands and waters of our coastal zone week here in Washington, DC. He was a His first wife, Doris L. McKevitt, died in are subject to increasingly intensive and remarkable man, a selfless public serv- 1994. Survivors include his wife, Judith competing uses. More than half of the Na- ant, and a loyal friend. He was always Woolley McKevitt of McLean; two daughters tion’s expanding population is located near working on behalf of others to make from his first marriage, Kate McLagan of the coast. S. 1534 will improve the Act by au- the world better. Austin and Julia Graf of Park City, Utah; thorizing ‘‘Coastal Community Grants’’ to and four grandchildren. assist states in enabling communities to de- His positive attitude, personal velop strategies for accommodating growth warmth and absolute sense of fair play f in a manner which protects the resources were most unique in a far too often THE GOVERNMENT LAUNCHES and uses which contribute to the quality of cynical, and mean-spirited town called WWW.FIRSTGOV.GOV life in coastal communities. The bill will Washington, DC. For 30 years, he rose help build community capacity for growth above the pettiness, nonsense and nas- Mr. DORGAN. Mr. President, the Ad- management and resource protection; dedi- tiness that often dominates the envi- ministration recently launched a new cate funding for communities to reduce the website, www.firstgov.gov. That causes and impacts of polluted runoff on ronment of the world’s most powerful city. He made it more fun to be here. website is the first all-government por- coastal waters and habitats; and reduce the tal and will offer one stop information pressure on natural resources caused by He made it all seem more noble than sprawl by targeting areas for revitalization. most of it is. from over 20,000 separate federal As a measure of the support the CZMA has We will all miss Mike McKevitt. We websites. This promises to be a great enjoyed, it is worth noting that in 1996, the are all better because of him. Our pray- tool. Throughout the country people CZMA reauthorization bill passed by a unan- ers and thoughts go out to his wonder- will be able to download tax forms, imous vote in the House, and passed the Sen- ful wife Judy and his daughters and read up on the status of legislation, ate by voice vote. We hope that passage of S. better understand the Social Security 1534 will form part of the legacy of signifi- grandchildren. cant accomplishments of the 106th Congress. I ask unanimous consent that the at- system. But Mr. President, meaningful Sincerely, tached obituary from The Washington access to all of the important informa- Anthony B. MacDonald, Coastal States Or- Post on Congressman McKevitt be tion depends on what side of the Dig- ganization. printed in the RECORD. ital Divide you find yourself. To ben- Jeanne Christie, Association of State Wet- There being no objection, the mate- efit from websites like firstgov, you lands managers. must have a computer and understand Barbara Jean Polo, American Oceans Cam- rial was ordered to be printed in the paign. RECORD, as follows: how to use it, and you must have an Jacqueline Savitz, Coastal Alliance. [From the Washington Post, Sept. 30, 2000] Internet connection with speeds fast Dr. Michael Donahue, Great Lakes Com- enough to search databases, view mission. CONGRESSMAN JAMES D. ‘‘MIKE’’ MCKEVITT, 71, DIES] graphics and download documents. David Hoskins, Center for Marine Con- As the demand for high speed Inter- servation. James D. ‘‘Mike’’ McKevitt, 71, a partner Cyn Sarthou, Gulf Restoration Network. in the Washington government affairs firm net access grows, numerous companies Tim Williams, Water Environment Federa- of McKevitt & Schneier who was a former are responding in areas of dense popu- tion. congressman and U.S. assistant attorney lation. While urban America is quickly Ed Hopkins, Sierra Club. general, died Sept. 28 at Sibley Memorial gaining high speed access, rural Amer- Richard Caplan, U.S. Public Interest Re- Hospital after a heart attach. He lived in ica is being left behind. Ensuring that search Group. McLean. Howard Page, Sierra Club—Gulf Coast all Americans have the technological Mr. McKevitt served in the House as a Col- capability is essential in this digital Group, Mississippi Chapter. orado Republican for one term before losing Cindy Dunn, Salem Sound 2000. a reelection bid in 1972. During his years in age. It is not only an issue of fairness, Diane van DeHei, American Metropolitan but it is also an issue of economic sur- Water Agencies. the House, he served on the Judiciary, Inte- Joseph E. Payne, Friends of Casco Bay. rior and Small Business committees. vival. Gay Gillespie, Westport River Watershed In 1973, he served as assistant attorney To remedy the information gap be- Alliance. general for legislative affairs, then in 1973 tween urban and rural America, I along James Gomes, Environmental League of and 1974 was counsel to the White House En- with Senator DASCHLE introduced S. Massachusetts. ergy Policy Office. 2307, the Rural Broadband Enhance- Judith Pederson, Ph.D., MIT Sea Grant From 1974 to 1986, he was federal legisla- ment Act, which gives new authority College Program. tion director of the National Federation of Bill Stanton, North & South Rivers Water- Independent Business. He then practiced law to the Rural Utilities Service to make shed Association. before founding the McKevitt & Schneier low interest loans to companies that Robert W. Howarth, Ph.D., Environmental government affairs firm in 1986. are deploying broadband technology to Defense. Mr. McKevitt was a founding member of rural America. Michelle C. Kremer, Surfrider Foundation. the Korean War Veterans Memorial Board. Enid Siskin, Gulf Coast Environmental De- The Rural Utilities Service has In 1987, the former representative of Colo- helped before; it can help again. When fense. rado’s 1st District was honored by Sen. Wil- Elizabeth Sturcken, Coastal Advocacy Net- we were faced with electrifying all of liam Armstrong (R–Colo.) as a moving force work. the country, we enacted the Rural Polly Bradley, SWIM. in the enactment of legislation creating the memorial. Electrification Act. When telephone Ken Kirk, Association of Metropolitan service was only being provided to Sewerage Agencies. Over the years, he also had served on the Denise Washko, California CoastKeeper. board of the USO, the U.S. Capitol Historical well-populated communities, we ex- Roger Stern, Marine Studies Consortium. Society and the International Consortium panded the Rural Electrification Act Victor D’Amato, North Carolina Chapter for Research on the Health Effects of Radi- and created the Rural Utilities Service Sierra Club. ation. He was a past president of the Univer- to oversee rural telephone deployment. Nina Bell, J.D., Northwest Environmental sity Club of Washington, parliamentarian of The equitable deployment of broadband Advocates. the 1986 White House Conference on Small Donald L. Larson, Kitsap Diving Associa- Business and a member of the Bowen Com- services is only the next step in keep- tion. mission on Medicare. His hobbies included ing American connected, and our legis- Cliff McCreedy, Oceanwatch. sailing the Chesapeake Bay. lation would ensure that. Richard Delaney, Urban Harbors Institute, Mr. McKevitt, who was born in Spokane, If we fail to act, rural America will Univ. of Massachusetts, Boston. Wash., was a 1951 graduate of the University Dee Von Quirolo, Executive Director, Reef be left behind once again. As the econ- of Idaho and a 1956 graduate of the Univer- Relief, Key West, Florida. omy moves further and further towards sity of Denver law school. During the Korean online transactions and communica- f War, he served as an Air Force combat intel- tions, rural America must be able to CONGRESSMAN JAMES D. ‘‘MIKE’’ ligence officer in Korea. He was admitted to the Colorado Bar in participate. They must be able to start MCKEVITT 1956 and practiced law in Boulder before serv- their own online business if they so de- Mr. HAGEL. Mr. President, few indi- ing as an assistant attorney general of Colo- sire and access information about gov- viduals ever touch the lives of people rado from 1958 to 1967. He then served as dis- ernment services efficiently.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9600 CONGRESSIONAL RECORD — SENATE October 2, 2000 I look forward to working with my in supporting passage of this legisla- Cuban and Nicaraguan nationals from colleagues in the Senate to address this tion so we can move it on to the Presi- deportation from the United States. problem and to bring meaningful data dent for his signature. Those residents who have been in the access to all parts of this country. f U.S. since December 1995 can now ad- just to permanent resident status. But f THE LATINO IMMIGRATION Salvadorans, Guatemalans, Hondurans, THE MARITIME ADMINISTRATION FAIRNESS ACT and Haitians are still not as fully pro- AUTHORIZATION ACT Ms. LANDRIEU. Mr. President, last tected. Mr. MCCAIN. Mr. President, last week, the Senate majority blocked ef- In the last decade, Louisiana has pro- Thursday, the Senate passed S. 2487, forts to bring the Latino Immigration vided refuge to thousands of Hondurans the Maritime Administration Author- Fairness Act to the floor. This bill em- seeking relief from natural and human ization Act for Fiscal Year 2001. Pas- bodies the essence of America: pro- disasters. Displaced by storms, floods, sage of this measure will help to ensure viding safe haven to the persecuted and war, and social unrest, many of these our nation’s maritime industry has the down trodden, supporting equal oppor- people have found warm and com- support and guidance it needs to con- tunity for the disadvantaged, and pro- forting homes for their families in the tinue to compete in the world market. moting family values to our country’s American Bayou. The bill authorizes appropriations for residents. My State, particularly in New Orle- the Maritime Administration [MarAd] Many of my Senate colleagues per- ans, boasts a proud tradition of cul- for fiscal year 2001. It covers operations ceive this provision to be a necessary tural diversity. The Honduran commu- and training and the loan guarantee addition to the H–1B Visa bill, which nity was originally brought to Lou- program authorized by title XI of the extends temporary residence to 195,000 isiana through a thriving banana trade Merchant Marine Act 1936. The House foreign workers each year for the next between the Port of Louisiana and Gulf Committee on Armed Services, which two years. The Latino Immigration of Honduras in the early twentieth cen- has jurisdiction of maritime matters in Fairness Act legitimates certain work- tury. As the community grew, Louisi- that body, has chosen to include provi- ers who have been living in the U.S. for ana’s Honduran population became the sions relating to these authorizations over five years, and are ready, willing, largest outside of Honduras. For this in the House-passed version of H.R. and able to permanently contribute to reason, Louisiana seemed the most log- 4205, the National Defense Authoriza- our workforce and communities. ical destination for Hondurans fleeing tion Act for Fiscal Year 2001. Further, Unfortunately, the Majority’s leader- instability during the 1980s and 1990s. the House conferees on that measure ship has used parliamentary procedures Once again, my state, like many oth- have refused to fully accept S. 2487 as to block this bill from coming to the ers, opened her doors to our desperate the Senate position as part of the on- floor. I am disappointed that too few Central American brothers. going House-Senate conference delib- Republican leaders support this mean- The Latino Immigration Fairness erations in part, due to the Senate’s ingful legislation becoming law. I am Act will help fulfill a promise this gov- slow action on the measure. I hope by convinced that the Latino Immigration ernment has made to these refugees, passing S. 2487 we will change that Fairness bill has been proposed in the and attempt to finish the work of course. best interests of our country and in ac- Presidents Reagan and Clinton. Under In addition to the authorizations for cordance with our obligations to pro- the Reagan Administration, the Immi- operations and training and the loan moting democracy and freedom in our gration and Naturalization Service set guarantee program, S. 2487 amends hemisphere. up special asylum programs for these Title IX of the Merchant Marine Act of My support for this legislation is people to reside legally in the U.S. 1936 to provide a wavier to eliminate based on four fundamental reasons: Since then, they have greatly con- the three year period that bulk and First, this bill would provide Central tributed to American society—raising breakbulk vessels newly registered American immigrants previously ex- children, paying taxes, and estab- under the U.S. flag must wait in order cluded under the Nicaraguan and Cen- lishing successful businesses through- to carry government-impelled cargo. tral American Relief Act, NACARA, out our country—as well as contrib- The bill also provides a one year win- the opportunity to legalize their sta- uted direct support to their relatives dow of opportunity for vessels newly tus; it would allow immigrants apply- left behind in their homelands. registered under the U.S.-flag to enter ing for permanent residency to remain In a democracy such as ours, we must into the cargo preference trade without in the U.S. with their families instead be consistent in the principles we up- waiting the traditional three year pe- of forcing them to return to their coun- hold for our Latin neighbors seeking riod. try of origin to apply (a process that asylum. These people have fled polit- The bill also would amend the Na- can take months to years to complete); ical instability and social upheaval in tional Maritime Heritage Act of 1994 and it would change the registry cut- their native lands. and allow the Secretary to scrap obso- off date to 1986, which would resolve As the guardian of Democratic ideals lete vessels in both domestic and inter- the 14-year bureaucratic limbo that has and chief opponent of repression in the national market. It would further con- denied amnesty to qualified immi- Western Hemisphere, we must ensure vey ownership of the National Defense grants who sought to adjust their sta- that these residents adjust their status Reserve Fleet Vessel, Glacier to the tus under the 1986 Immigration Reform to legal resident under the same proce- Glacier Society for use as museum and and Control Act. Finally, this bill dure permitted for Cubans and Nica- require the Maritime Administration would resolve the status of so many raguans. to including the source and intended valuable members of American society. In sum, I urge my colleagues to con- use of all funding in reports to Con- There are an estimated 6 million immi- sider the United States’ historic com- gress. Finally, it amends Public Law grants in the United States who are mitment to fair immigration policies. 101–115 to recognize National Maritime not yet citizens. A majority of these Our country has been built and con- Enhancement Institutes as if they were immigrants have been here for many tinues to be sustained by immigrants. University Transportation Centers for years and are working hard, paying In her poem, The Colossus, Emma purposes of the award of research funds taxes, buying homes, opening busi- Lazarus named our country the ‘‘Moth- for maritime and intermodal research nesses and raising families. er of Exiles.’’ Personified by the Statue and requires the Secretary of Transpor- For years, U.S. immigration policy of Liberty, the United States of Amer- tation to review the funding of mari- has provided refuge to tens of thou- ica continues to shine her torch on ref- time research in relation to other sands of these Nicaraguans, Cubans, ugees from instability and strife—We modes of transportation. Salvadorans, Guatemalans, Hondurans, have opened our doors to people of all I want to thank the cosponsors of and Haitians fleeing civil war and so- races and nationalities, and have pros- this measure, Senator HOLLINGS and cial unrest in their own countries. In pered from their valuable contributions Senator INOUYE for the assistance in 1997 the Nicaraguan Adjustment and to labor, community, and culture. moving this measure forward. I hope Central American Relief Act was Now, failure to pass Fairness legisla- my colleagues in the House will join us signed into law. This statute protects tion will take away our promise of

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9601 freedom to so many deserving resi- Lori Harrigan, Tasha Schwikert, and sacrifice for the gold medal that we dents, and deny us the gifts they have Charlene Tagaloa were three Nevadan won in the fast pitch softball competi- imparted to our shores. athletes who gave wholly to the U.S. tion. Contrary to what our critics say, sup- team in their respective sports. We should all remember the char- porting this bill does not condone ille- Lori Harrigan, a pitcher for the acter of the 2000 Olympic Games, both gal entry into this country. I am proud champion U.S. softball team, helped the smile evoking and heartbreaking of our historic value of the rule of law her team bring home a second gold moments, and continue to support the and territorial integrity. At the same medal in as many Olympic Games. Lori Nevadan and American athletes who time, I am equally concerned that once has had an amazing softball career for have the integrity, dedication, and certain people have resided in this many years now, and since she grad- ability to represent our nation, now country for years and contributed to uated from UNLV, Lori has won 13 and in the future. Congratulations to our country’s prosperity, some would international medals for the United all of our Olympic participants.∑ have us uproot such valuable members States. Lori will be remembered in of our society. Olympic history as the first softball f Let us not eject Honduran, Haitian, player to pitch a complete no-hitter HONORING THE KARNES ON THEIR Guatemalan, and Salvadoran nationals, game, which she accomplished this 50TH WEDDING ANNIVERSARY who have, for so long, woven into the summer in the opening round game. American fabric, making American This summer she lived up to the legacy ∑ Mr. ASHCROFT. Mr. President, fami- families, paying American taxes, build- that she blazed as a UNLV Runnin’ lies are the cornerstone of America. In- ing American homes and businesses, Rebel, and her softball accomplish- dividuals from strong families con- and working for American labor. ments are properly hallmarked by her tribute greatly to society. I believe it Let us not revoke the American retired jersey that UNLV has proudly is both instructive and important to promise of freedom, and help deport so displayed since 1998. honor those who have taken the com- many valuable members of our society. Las Vegan Tasha Schwikert has been mitment of ‘‘till death us do part’’ seri- Let us vote for passage of this very the sweet surprise of the Olympic ously, demonstrating successfully the American legislation, the Latino Im- Games. She was not one of the original timeless principles of love, honor, and migration Fairness Act. members of the U.S. gymnastics team. fidelity. These characteristics make f However, she was later chosen as a sec- our country strong. THE VERY BAD DEBT BOXSCORE ond alternate. An unfortunate injury For these important reasons, I rise to another gymnast gave Tasha the today to honor Dorothy and Eddie Mr. HELMS. Mr. President, at the chance that she deserved for an Olym- Karnes, who on October 7, 2000, will cel- close of business Friday, September 29, pic appearance. Although Tasha didn’t ebrate their 50th wedding anniversary. 2000, the Federal debt stood at medal, she still showed the world a My wife, Janet, and I look forward to $5,674,178,209,886.86, five trillion, six strong performance. And because of her the day we can celebrate a similar hundred seventy-four billion, one hun- youth and newly developed inter- milestone. The Karnes’ commitment to dred seventy-eight million, two hun- national experience, we can expect to the principles and values of their mar- dred nine thousand, eight hundred see Tasha as a leader in future gym- riage deserves to be saluted and recog- eighty-six dollars and eighty-six cents. nastic competitions. nized.∑ One year ago, September 29, 1999, the The United States women’s f Federal debt stood at $5,645,399,000,000, volleyball team was the underdog of five trillion, six hundred forty-five bil- the Olympic indoor volleyball competi- lion, three hundred ninety-nine mil- PRIVATE RELIEF BILL FOR tion, and many did not even expect the FRANCES SCHOCHENMAIER lion. team to contend for a medal in Sydney. Five years ago, September 29, 1995, ∑ Mr. JOHNSON. Mr. President, on With the help of Las Vegan, Charlene the Federal debt stood at September 28, 2000, the United States Tagaloa, the women’s volleyball team $4,973,983,000,000, four trillion, nine Senate unanimously approved legisla- played in the bronze medal math. hundred seventy-three billion, nine Nevada demonstrated its tion to provide private relief for hundred eighty-three million. miulticulturalism during the Olympic Frances Schochenmaier of Bonesteel, Twenty-five years ago, September 29, Games, because six other current or South Dakota. Frances’ case clearly 1975, the Federal debt stood at former UNLV Runnin’ Rebels competed warrants action by the United States $552,824,000,000, five hundred fifty-two for their native countries. These Congress to correct an injustice in- billion, eight hundred twenty-four mil- unique individuals include four swim- flicted upon her family over 50 years lion which reflects a debt increase of mers and two track runners. These ath- ago. I am pleased that the Senate has more than $5 trillion— letes are as follows: swimmers Mike taken this important step by passing $5,121,354,209,886.86, five trillion, one Mintenko of Canada, Jacint Simon of the Private Relief Bill for Frances hundred twenty-one billion, three hun- Hungary, Andrew Livingston of Puerto Schochenmaier, which I was proud to dred fifty-four million, two hundred Rico, Lorena Diaconescu of Romania, have introduced and was cosponsored nine thousand, eight hundred eighty- and sprinters, Ayanna Hutchinson and by my friend and colleague from South six dollars and eighty-six cents during Alicia Tyson, of Trinidad and Tobago. Dakota Senator TOM DASCHLE. I will the past 25 years. Nevada’s contribution to the Olympic continue to work diligently with Mem- f Games does not end with the efforts of bers of the House of Representatives to ADDITIONAL STATEMENTS its athletes. ensure the legislation is passed before Karen Dennis is not only the head of the end of this Congressional session the UNLV women’s track team, but she and signed by the President. NEVADA’S OLYMPIC ATHLETES was chosen to be the U.S. women’s Frances’ husband, Hermann ∑ Mr. REID. Mr. President, the 27th track coach. Her talent and expertise Schochenmaier, was one of the thou- Olympiad is now finished, and the undoubtedly contributed to the mul- sands of young men who valiantly an- United States of America should be tiple medals and stellar performances swered his country’s call to duty dur- very proud of our participants. They we saw from the U.S. track team this ing World War II. While serving in Eu- showed the world that Americans put Olympics. rope, Hermann was wounded—shot in their hearts and souls into everything Las Vegan Jim Lykins was chosen to the arm in what medical personnel re- that they do. Part of the reason that I be one of the two umpires from the ferred to as a through-and-through’’ support the Olympic tradition is that United States to referee women’s soft- wound. Upon returning home, the De- these special games are a reflection of ball. He gleefully did not umpire the partment of Veterans Affairs awarded the diversity, brotherhood, and spirit championship game, because Olympic Hermann a 10 percent disability rating. that the United States celebrates ev- rules prevent umpires from working For 50 years, Hermann received dis- eryday. I am especially proud of my any games played by their home coun- ability compensation for the injury he state and the Olympic participants we try. Not being able to umpire the received during his service in the sent to Sydney, Australia. championship match was a worthwhile United States military. Then, in 1995,

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9602 CONGRESSIONAL RECORD — SENATE October 2, 2000 the Department of Veterans Affairs ac- Reidlinger, Wellpinit implemented an TRIBUTE TO MRS. PATTY LEWIS knowledged that it was ‘‘clearly and innovative program that includes in- ∑ Mr. WARNER. Mr. President, I would unmistakably erroneous’’ in rating creasing student access to computers like to recognize the professional dedi- Hermann’s injury too low. Instead of a and improving students’ use of the cation, vision and public service of 10 percent rating, Hermann’s injuries internet and intranet. Mrs. Patty Lewis who will be leaving Wellpinit reconfigured its cur- during World War II were consistent the staff of the Senate Armed Services riculum, integrating it with a com- with a 30 percent disability rating. Committee at the end of this year to puter program that allows students Over these 50 years, Hermann re- return to the Department of Defense to from both elementary and secondary ceived approximately $10,000, when he serve in the Office of the Assistant Sec- grades to access an individualized in- should have actually received closer to retary of Defense for Health Affairs. It structional program for any core sub- $70,000. Unfortunately, only one week has been a privilege for me to work ject. The computerized curriculum has prior to the Department of Veterans with Mrs. Lewis and it is an honor to Affairs correcting this problem, Her- been highly effective in increasing na- tional test scores. In fact, Wellpinit recognize her many outstanding ac- mann Schochenmaier passed away. To complishments. further complicate matters, the De- was named the highest achieving In- dian Reservation school based on the I asked Mrs. Lewis to join the staff of partment of Veterans Affairs refused to the Armed Services Committee last Oc- give Hermann’s family the disability Iowa Test of Basic Skills. Wellpinit has also been selected as one of America’s tober to assist me and the other Mem- benefits he rightfully earned. bers of the Committee deal with the For the past five years, I have Top 100 Wired Schools by the editors of complex issues of improving the Mili- worked with Frances to exhaust every Family PC Magazine. tary Health Care System, TRICARE, avenue within the Department of Vet- Earlier this year, I awarded and providing health care to Medicare- erans Affairs. The answer was always Quillayute Valley School District one eligible retired military personnel and the same: the law does not allow for of my ‘‘Innovation in Education’’ their families. She is superbly com- veterans’ widows to receive these lost Awards for developing the Washington petent and demonstrated a level of pro- benefits. So, I decided that it must Virtual Classroom Consortium (WVCC), fessionalism which far exceeded that of take an act of Congress—literally—to which links rural schools together via many of her contemporaries. Mrs. ensure that a veteran’s widow from the Internet in order to pool resources Lewis is an expert at cutting through Bonesteel received the benefits her and expand learning opportunities for the red tape of the military health care husband earned, but was denied from students and staff. Wellpinit has joined bureaucracy and never losing sight of receiving in his lifetime. the WVCC to further enhance the edu- the fact that taking care of the indi- Thanks to the perseverance from cational opportunities for all students. vidual is paramount. Her focus was al- members of my office, the continued Superintendent Reid Reidlinger told ways on doing the right thing for our faith of Frances and her family, and me, ‘‘Wellpinit has been a model for service members and their families. some bipartisanship among members of other schools. Federal grants have helped with bringing technology to our Mrs. Lewis has earned a reputation Congress, we were able to pass this im- district, and as a result, we have very as someone on whom we could rely to portant legislation in the Senate and advanced students.’’ provide fresh ideas, detailed research, put it on a track to be signed into law I commend all those who have con- and practical solutions to complex by the President before the end of this tributed to Wellpinit’s technology plan problems. Her professional abilities year. and ask that the Senate join me in rec- My wife, Barbara, and I are parents and expertise have earned her the re- ognizing the hard work and commit- of a son who serves our country in the spect and trust of her colleagues on ment of the students, teachers and fac- both sides of the aisle and in both Army, and we know the sacrifices fami- ulty at the Wellpinit School District.∑ lies make when their loved-ones travel Houses of the Congress. Mrs. Lewis’ overseas in the military. I am sorry f ability to clearly see a viable alter- that fate denied Hermann the oppor- IN RECOGNITION OF TOM WILKENS native when others could only see the fog of confusion contributed to the suc- tunity to see justice done with the cor- ∑ Mr. TORRICELLI. Mr. President, I cess of the Committee on Armed Serv- rection of his disability rating. I am rise today to recognize one of the truly thankful that fate and old-fashioned ices in developing the legislation that gifted athletes of the state of New Jer- will, for the first time in history, de- elbow-grease over these past five years sey. It gives me great pleasure to ex- has given our country the opportunity finitively entitle retired military per- tend my congratulations to Tom sonnel to the lifetime of health care to make things right with Frances and Wilkens on winning the bronze medal the Schochenmaier family.∑ that they were promised when they in the men’s 2000 meter individual med- were recruited and reenlisted. With f ley event at the XXVIIth Olympic Mrs. Lewis’ help, we are finally able to RECOGNITION OF THE WELLPINIT Games in Sydney, Australia. fulfill that commitment. Despite having asthma and a severe SCHOOL DISTRICT Mr. President, initiative, caring serv- allergy to chlorine, Tom Wilkens has ice and professionalism are the terms ∑ Mr. GORTON. Mr. President, I take consistently performed as a champion. used to describe Mrs. Lewis. Patty the floor of the Senate today to tell At the 1999 Pan Pacific Championships, you about the hard working teachers, he won a medal of each color, gold in Lewis is a great credit to the Senate faculty and parents of the Wellpinit the 200 meter individual medley, silver and the Nation. As she now departs to School District and their efforts to im- in the 200 meter breaststroke, and share her experience and expertise with prove their children’s education by bronze in the 400 meter individual med- the Department of Defense I call upon bringing technology to the classroom. ley. To this impressive collection, he my colleagues on both sides of the aisle For their dedication, I am delighted to adds a bronze from the Games of the to recognize her service to the Senate present the Wellpinit School District XXVIIth Olympiad. and wish her well in her new assign- ∑ with one of my ‘‘Innovation in Edu- Tom Wilkens represents the best of ment. cation’’ Awards. New Jersey’s athletes. His outstanding The Wellpinit School District is lo- representation of New Jersey and the f cated on the Spokane Indian Reserva- United States at these Olympic Games tion in Eastern Washington and edu- is a testament to the dedication that HONORING INDUCTEES INTO THE cates 440 students of which 95 percent has afforded him success in the face of HALL OF VALOR are of Native American descent. The K– diversity. ∑ Mr. SANTORUM. Mr. President, I 12 school has already far exceeded any Through his efforts, Tom Wilkens has rise to day to honor the veterans who other rural school in Washington state been able to achieve athletic greatness. will be inducted into the Hall of Valor with its efforts to boost the use of His commitment to excellence serves at Soldiers’ & Sailors’ Memorial Hall. technology in the classroom. Under the as an inspiration and it is an honor for On October 14, 2000, 15 veterans, all of direction of Wellpinit’s Board of Direc- me to be able to recognize his accom- whom served in World War II, will be tors and Superintendent Reid plishments.∑ inducted in the Hall of Valor. All the

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9603 veterans being recognized have re- David, it is an honor to serve you in the Senate by Ms. Evans, one of his ceived either the Silver Star or the dis- the U.S. Senate. I wish you all the best secretaries. tinguished Flying Cross and are resi- in your future endeavors. May you al- EXECUTIVE MESSAGES REFERRED dents of Allegheny County and other ways continue to inspire those around As in executive session the Presiding areas of Pennsylvania. you.∑ Officer laid before the Senate messages Each inductee has distinguished him- f from the President of the United self through gallantry and courage at TRIBUTE TO DR. WENDELL WEART States submitting sundry nominations the risk of his own life, above and be- which were referred to the appropriate ∑ yond the call of duty. This nation val- Mr. DOMENICI. Mr. President, I rise committees. ues their service and has recognized to commend a fellow New Mexican, Dr. (The nominations received today are these acts of heroism and bravery and Wendell Weart. He is a remarkable sci- printed at the end of the Senate pro- those of other servicemen and women. entist, an international authority on ceedings.) Today, I would like to remember and radioactive waste management, and f acknowledge the extraordinary valor the Senior Fellow at Sandia National each inductee displayed in the name of Laboratories in Albuquerque, New MESSAGE FROM THE HOUSE freedom. Mexico. After his distinguished career, RECEIVED DURING RECESS Induction in the Hall of Valor is one he is retiring in October. His out- Under the authority of the order of way we can bear witness to and ac- standing abilities have been crucial to the Senate of January 6, 1999, the Sec- knowledge the service of each inductee. the success of the world’s first deep retary of the Senate, on September 29, I wish to extend my sincere gratitude geologic repository for radioactive 2000, during the recess of the Senate, for their sacrifice and dedication in the waste. It is highly appropriate that we received a message from the House of U.S. Armed Forces. All of the heroes recognize his contributions to that Representatives announcing that the we honor today—both those present project and to the nation. House disagrees to the amendment of and those who have gone before us—de- The Waste Isolation Pilot Plant in the Senate to the bill (H.R. 4461) mak- serve the highest esteem and admira- New Mexico began receiving defense- ing appropriations for Agriculture, program radioactive wastes in 1999. tion. I ask my Senate colleagues to Rural Development, Food and Drug Ad- The process that led to its opening was join me in recognizing a few of our na- ministration and Related Agencies pro- long and difficult, requiring the solu- tion’s veterans as they are inducted grams for the fiscal year ending Sep- tion of innumerable technical and so- into the Hall of Valor at Soldiers’ & tember 30, 2001, and for other purposes, cial problems. Although many people Sailors’ Memorial Hall in Pittsburgh, and agrees to the conference asked by contributed to the solution of those PA. the Senate on the disagreeing votes of In recognition of their actions, Jo- problems, Dr. Weart’s role was para- the two Houses thereon. That Mr. seph Burdis, Jr., Samuel L. Collier, mount throughout. SKEEN, Mr. WALSH, Mr. DICKEY, Mr. James J. Fisher, James W. Regan, He led Sandia’s technical support for KINGSTON, Mr. NETHERCUTT, Mr. John A. Somma, William G. the project from its beginnings in the BONILLA, Mr. LATHAM, Mrs. EMERSON, Stampahar, Leonard R. Tabish, and Ar- early 1970s. In the early years his ef- thur R. Kiefer, Jr. will be inducted in forts were essential to the exploratory Mr. YOUNG of Florida, Ms. KAPTUR, Ms. the Hall of Valor. The following vet- investigations and the final selection DELAURO, Mr. HINCHEY, Mr. FARR, Mr. erans will be posthumously inducted: of the repository site. He then led the BOYD, and Mr. OBEY be the managers of Richard Ascenzi, William John Beynon, project through the conceptual design the conference on the part of the Thomas J. Korenich, John Lipovsik, of the repository, through the formula- House. Jr., Joseph Anthony Papst, Michael J. tion and implementation of the inves- f Popko, and Sigmund J. Zelczak.∑ tigations that demonstrated the site’s ENROLLED BILL PRESENTED f suitability, and through the arduous process of obtaining regulatory approv- The Secretary of the Senate reported TRIBUTE TO DAVID VILLOTTI als. The rigorous scientific basis fi- that during the recess of the Senate, on ∑ Mr. SMITH of New Hampshire. Mr. nally achieved for the repository was September 29, 2000, he had presented to President, I rise today to pay tribute due in no small part to Dr. Weart’s own the President of the United States, the to David Villotti of Amherst, NH, on scientific expertise and to his un- following enrolled bill: being nominated for the ‘‘Angels in matched leadership. S. 1295. An act to designate the United Adoption’’ award. David has worked At least as important as these highly States Post Office located at 3813 Main tirelessly to improve the lives of many technical contributions was Dr. Street in East Chicago, Indiana, as the ‘‘Lance Corporal Harold Gomez Post Office.’’ children throughout New Hampshire. Weart’s ability to instill confidence David’s mission is to provide care among the scientific community and f and support to the neediest children the public. His skill in explaining com- REPORTS OF COMMITTEES and families in New Hampshire. David plex issues, his truthfulness in all con- The following reports of committees has worked to reunite ‘‘his’’ children at troversies, and his tireless patience in were submitted: the Nashua Children’s Home to their dealing with questions and frustrations By Mr. JEFFORDS, from the Committee biological families or, if necessary, for more than twenty-five years—all on Health, Education, Labor, and Pensions, have them placed in foster care or were indispensable contributions to the with an amendment in the nature of a sub- adopted into loving families. Some of project. Without the trust Dr. Weart stitute: these children have experienced a tre- engendered, the Waste Isolation Pilot S. 2829: A bill to provide for an investiga- mendous amount of emotional and Plant, though scientifically well tion and audit at the Department of Edu- physical trauma. David creates an en- grounded, might still have failed to ob- cation (Rept. No. 106–448). vironment that is safe for these chil- tain scientific, regulatory, and social By Mr. CAMPBELL, from the Committee dren to grow while they await word on on Indian Affairs, without amendment: approval. S. 1840: A bill to provide for the transfer of their family situation. The permanent disposal of radio- public lands to certain California Indian When David first began working at active wastes has proved intractable in Tribes (Rept. No. 106–449). the Nashua Children’s Home 15 years many countries. Thanks largely to By Mr. MURKOWSKI, from the Committee ago, there were 18 children in resi- Wendell Weart, the United States now on Energy and Natural Resources, with an dence. Today there are 46. David and has an operating repository. Congress amendment: his staff continue to provide support to and the American taxpayers owe him S. 2400: A bill to direct the Secretary of the families while allowing children the our most sincere thanks and our best Interior to convey certain water distribution facilities to the Northern Colorado Water environment that they need to grow wishes.∑ and mature into well-adjusted teen- Conservancy District (Rept. No. 106–450). f By Mr. MURKOWSKI, from the Committee agers and adults. I am proud to have MESSAGES FROM THE PRESIDENT on Energy and Natural Resources, with nominated David for the ‘‘Angels in amendments: Adoption’’ award for the state of New Messages from the President of the S. 2757: A bill to provide for the transfer or Hampshire. United States were communicated to other disposition of certain lands at Melrose

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Air Force Range, New Mexico, and Yakima dian Tribes of Texas Restoration Act to de- TEXT OF COMMITTEE RECOMMENDED Training Center, Washington (Rept. No. 106– crease the requisite blood quantum required RESOLUTION OF ADVICE AND CONSENT 451). for membership in the Ysleta del Sur Pueblo Resolved, (two thirds of the Senators present By Mr. CAMPBELL, from the Committee tribe (Rept. No. 106–464). concurring therein), That the Senate advise on Indian Affairs, without amendment: By Mr. STEVENS, from the Committee on and consent to the ratification of the Pro- S. 2872: A bill to improve the cause of ac- Appropriations: Special Report entitled tocol Amending the 1950 Consular Conven- tion for misrepresentation of Indian arts and ‘‘Further Revised Allocation to Subcommit- tion Between the United States of America crafts (Rept. No. 106–452). tees of Budget Totals’’ (Rept. No. 106–465). and Ireland, signed at Washington on June By Mr. MURKOWSKI, from the Committee By Mr. HELMS, from the Committee on 16, 1998 (Treaty Doc. 106–43), subject to the on Energy and Natural Resources, without Foreign Relations, with an amendment in declaration of subsection (a) and the proviso amendment: the nature of a substitute: S. 2873: A bill to provide for all right, title, H.R. 4002: A bill to amend the Foreign As- of subsection (b). and interest in and to certain property in sistance Act of 1961 to revise and improve (a) DECLARATION.—The Senate’s advice and Washington County, Utah, to be vested in provisions relating to famine prevention and consent is subject to the following declara- the United States (Rept. No. 106–453). freedom from hunger. tion, which shall be binding upon the Presi- By Mr. MURKOWSKI, from the Committee By Mr. HELMS, from the Committee on dent: on Energy and Natural Resources, with an Foreign Relations, without amendment: TREATY INTERPRETATION.—The Senate af- amendment and an amendment to the title: S. 3076: A bill to establish an under- firms the applicability to all treaties of the S. 2877: A bill to authorize the Secretary of graduate grant program of the Department constitutionally based principles of treaty the Interior to conduct a feasibility study on of State to assist students of limited finan- interpretation set forth in Condition (1) of water optimization in the Burnt River basin, cial means from the United States to pursue the resolution of ratification of the INF Malheur River basin, Owyhee River basin, studies abroad. Treaty, approved by the Senate on May 27, and Powder River basin , Oregon (Rept. No. By Mr. THOMPSON, from the Committee 1988, and Condition (8) of the resolution of 106–454). on Governmental Affairs, without amend- ratification of the Document Agreed Among By Mr. MURKOWSKI, from the Committee ment: the States Parties to the Treaty on Conven- on Energy and Natural Resources, without S. 3144: An original bill to amend the In- tional Armed forces in Europe, approved by amendment: spector General Act of 1978 (5 U.S.C. App.) to the Senate on May 14, 1997. establish police powers for certain Inspector S. 2977: A bill to assist in the establish- (b) PROVISO.—The resolution of ratification General agents engaged in official duties and ment of an interpretive center and museum is subject to the following proviso, which provide an oversight mechanism for the exer- in the vicinity of the Diamond Valley Lake shall not be included in the instrument of cise of those powers. in southern California to ensure the protec- ratification to be signed by the President: tion and interpretation of the paleontology f SUPREMACY OF THE CONSTITUTION.—Nothing discoveries made at the lake and to develop in this Treaty requires or authorizes legisla- a trail system for the lake for use by pedes- EXECUTIVE REPORTS OF tion or other action by the United States of trians and nonmotorized vehicles (Rept. No. COMMITTEES America that is prohibited by the Constitu- 106–455). The following executive reports of tion of the United States as interpreted by By Mr. MURKOWSKI, from the Committee committee were submitted during the the United States. on Energy and Natural Resources, with recess on Friday, September 29, 2000: amendments: S. 2885: A bill to establish the Jamestown By Mr. HELMS for the Committee on For- Treaty Doc. 104–35 Inter-American Conven- 400th Commemoration Commission, and for eign Relations. tion on Serving Criminal Sentences Abroad other purposes (Rept. No. 106–456). Treaty Doc. 106–39 Treaty With Mexico on (Exec. Report No. 106–21) By Mr. SMITH, of New Hampshire, from Delimitation of Continental Shelf (Exec. Re- TEXT OF COMMITTEE RECOMMENDED the Committee on Environment and Public port No. 106–19). RESOLUTION OF ADVICE AND CONSENT Works, without amendment: TEXT OF COMMITTEE RECOMMENDED H.R. 2496: A bill to reauthorize the Junior RESOLUTION OF ADVICE AND CONSENT Resolved, (two thirds of the Senators present Duck Stamp Conservation and Design Pro- Resolved, (two thirds of the Senators present concurring therein), That the Senate advise gram Act of 1994 (Rept. No. 106–457). concurring therein), That the Senate advise and consent to the ratification of the Inter- By Mr. THOMPSON, from the Committee and consent to the ratification of the Treaty American Convention on Serving Criminal on Governmental Affairs, with amendments: Between the Government of the United Sentences Abroad, done in Managua, Nica- H.R. 3069: A bill to authorize the Adminis- States of America and the Government of ragua, on June 9, 1993, signed on behalf of the trator of General Services to provide for re- the United Mexican States on the Delimita- United States at the Organization of Amer- development of the Southeast Federal Cen- tion of the Continental Shelf in the Western ican States Headquarters in Washington on ter in the District of Columbia (Rept. No. Gulf of Mexico Beyond 200 Nautical Miles, January 10, 1995 (Treaty Doc. 104–35), subject 106–458). signed at Washington on June 9, 2000 (Treaty to the conditions of subsections (a) and (b). By Mr. SMITH, of New Hampshire, from Doc. 106–39), subject to the declaration of (a) The advice and consent of the Senate is the Committee on Environment and Public subsection (a) and the proviso of subsection subject to the following conditions, which Works, with amendments: (b). shall be included in the instrument of ratifi- H.R. 3292: A bill to provide for the estab- (a) DECLARATION.—The Senate’s advice and cation of the Convention: lishment of the Cat Island National Wildlife consent is subject to the following declara- (1) RESERVATION.—With respect to Article Refuge in West Feliciana Parish, Louisiana tion, which shall be binding upon the Presi- V, paragraph 7, the United States of America (Rept. No. 106–459). dent: will require that whenever one of its nation- By Mr. MURKOWSKI, from the Committee TREATY INTERPRETATION.—The Senate af- als is to be returned to the United States, on Energy and Natural Resources, without firms the applicability to all treaties of the the sentencing state provide the United amendment: constitutionally based principles of treaty States with the documents specified in that H.R. 4275: A bill to establish the Colorado interpretation set forth in Condition (1) of paragraph in the English language, as well as Canyons National Conservation Area and the the resolution of ratification of the INF the language of the sentencing state. The Black Ridge Canyons Wilderness, and for Treaty, approved by the Senate on May 27, United States undertakes to furnish a trans- other purposes (Rept. No. 106–460). 1988, and Condition (8) of the resolution of lation of those documents into the language By Mr. SMITH, of New Hampshire, from ratification of the Document Agreed Among of the requesting state in like cir- the Committee on Environment and Public the States Parties to the Treaty on Conven- cumstances. Works, without amendment: tional Armed Forces in Europe, approved by H.R. 4286: A bill to provide for the estab- the Senate on May 14, 1997. (2) UNDERSTANDING.—The United States of lishment of the Cahaba River National Wild- (b) PROVISIO.—The resolution of ratifica- America understands that the consent re- life Refuge in Bibb County, Alabama (Rept. tion is subject to the following proviso, quirements in Articles III, IV, V and VI are No. 106–461). which shall not be included in the instru- cumulative; that is, that each transfer of a H.R. 4318: A bill to establish the Red River ment of ratification to be signed by the sentenced person under this Convention shall National Wildlife Refuge (Rept. No. 106–462). President: require the concurrence of the sentencing By Mr. MURKOWSKI, from the Committee SUPREMACY OF THE CONSTITUTION.—Nothing state, the receiving state, and the prisoner, on Energy and Natural Resources, without in this Treaty requires or authorizes legisla- and that in the circumstances specified in amendment: tion or other action by the United States of Article V, paragraph 3, the approval of the H.R. 4579: A bill to provide for the ex- America that is prohibited by the Constitu- state or province concerned shall also be re- change of certain lands within the State of tion of the United States as interpreted by quired. Utah (Rept. No. 106–463). the United States. (b) The advice and consent of the Senate is By Mr. CAMPBELL, from the Committee subject to the following conditions, which on Indian Affairs, without amendment: Treaty Doc. 106–43 Protocol Amending the are binding upon the President but not re- H.R. 1460: A bill to amend the Ysleta del 1950 Consular Convention with Ireland (Exec. quired to be included in the instrument of Sur Pueblo and Alabama and Coushatta In- Report No. 106–20) ratification of the Convention:

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(1) DECLARATION.—The Senate affirms the tional Armed Forces in Europe, approved by (b) PROVISO.—The resolution of ratification applicability to all treaties of the constitu- the Senate on May 14, 1997. is subject to the following proviso, which tionally based principles of treaty interpre- (b) PROVISO.—The resolution of ratification shall not be included in the instrument of tation set forth in Condition (1) of the reso- is subject to the following proviso, which ratification to be signed by the President: lution of ratification of the INF Treaty, ap- shall not be included in the instrument of SUPREMACY OF THE CONSTITUTION.—Nothing proved by the Senate on May 27, 1988, and ratification to be signed by the President: in this Treaty requires or authorizes legisla- Condition (8) of the resolution of ratification SUPREMACY OF THE CONSTITUTION.—Nothing tion or other action by the United States of of the Document Agreed Among the States in this Treaty requires or authorizes legisla- America that is prohibited by the Constitu- Parties to the Treaty on Conventional tion or other action by the United States of tion of the United States as interpreted by Armed Forces in Europe, approved by the America that is prohibited by the Constitu- the United States. Senate on May 14, 1997 tion of the United States as interpreted by (2) PROVISO.—Nothing in this Treaty re- the United States. Treaty Doc. 106–44 Treaty With Panama on quires or authorizes legislation or other ac- Return of Vehicles and Aircraft (Exec. Re- tion by the United States of America that is Treaty Doc. 106–7 Treaty With Dominican port No. 106–22) prohibited by the Constitution of the United Republic for the Return of Stolen or Embez- zled Vehicles (Exec. Report No. 106–22) TEXT OF COMMITTEE RECOMMENDED States as interpreted by the United States. RESOLUTION OF ADVICE AND CONSENT Treaty Doc. 105–54 Treaty With Belize for TEXT OF COMMITTEE RECOMMENDED Resolved, (two thirds of the Senators present the Return of Stolen Vehicles (Exec. Report RESOLUTION OF ADVICE AND CONSENT concurring therein), That the Senate advise No. 106–22) Resolved, (two thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Treaty TEXT OF COMMITTEE RECOMMENDED Between the Government of the United RESOLUTION OF ADVICE AND CONSENT and consent to the ratification of the Treaty Between the Government of the United States of America and the Government of Resolved, (two thirds of the Senators present States of America and the Government of the Republic of Panama for the Return of concurring therein), That the Senate advise the Dominican Republic for the Return of Stolen, Robbed, or Converted Vehicles and and consent to the ratification of the Treaty Stolen or Embezzled Vehicles, with Annexes, Aircraft, with Annexes, signed at Panama on Between the Government of the United signed at Santo Domingo on April 30, 1996 June 6, 2000, and a related exchange of notes States of America and the Government of (Treaty Doc. 106–7), subject to the declara- of July 25, 2000 (Treaty Doc. 106–44), subject Belize for the Return of Stolen Vehicles, tion of subsection (a) and the proviso of sub- to the declaration of subsection (a) and the with Annexes and Protocol, signed at section (b). proviso of subsection (b). Belmopan on October 3, 1996 (Treaty Doc. (a) DECLARATION.—The Senate’s advice and (a) DECLARATION.—The Senate’s advice and 105–54), subject to the declaration of sub- consent is subject to the following declara- consent is subject to the following declara- section (a) and the proviso of subsection (b). tion, which shall be binding upon the Presi- tion, which shall be binding upon the Presi- (a) DECLARATION.—The Senate’s advice and dent: dent: consent is subject to the following declara- Treaty Interpretation.—The Senate affirms TREATY INTERPRETATION.—The Senate af- tion, which shall be binding upon the Presi- the applicability to all treaties of the con- firms the applicability to all treaties of the dent: stitutionally based principles of treaty inter- constitutionally based principles of treaty TREATY INTERPRETATION.—The Senate af- pretation set forth in Condition (1) of the interpretation set forth in Condition (1) of firms the applicability to all treaties of the resolution of ratification of the INF Treaty, the resolution of ratification of the INF constitutionally based principles of treaty approved by the Senate on May 27, 1988, and Treaty, approved by the Senate on May 27, interpretation set forth in Condition (1) of Condition (8) of the resolution of ratification 1988, and Condition (8) of the resolution of the resolution of ratification of the INF of the Document Agreed Among the States ratification of the Document Agreed Among Treaty, approved by the Senate on May 27, Parties to the Treaty on Conventional the States Parties to the Treaty on Conven- 1988, and Condition (8) of the resolution of Armed Forces in Europe, approved by the tional Armed Forces in Europe, approved by ratification of the Document Agreed Among Senate on May 14, 1997. the Senate on May 14, 1997. the States Parties to the Treaty on Conven- (b) PROVISO.—The resolution of ratification (b) PROVISO.—The resolution of ratification tional Armed Forces in Europe, approved by is subject to the following proviso, which is subject to the following provisio, which the Senate on May 14, 1997. shall not be included in the instrument of shall not be included in the instrument of (b) PROVISO.—The resolution of ratification ratification to be signed by the President: ratification to be signed by the President: is subject to the following proviso, which SUPREMACY OF THE CONSTITUTION.—Nothing SUPREMACY OF THE CONSTITUTION.—Nothing shall not be included in the instrument of in this Treaty requires or authorizes legisla- in this Treaty requires or authorizes legisla- ratification to be signed by the President: tion or other action by the United States of tion or other action by the United States of SUMMARY OF THE CONSTITUTION.—Nothing America that is prohibited by the Constitu- America that is prohibited by the Constitu- in this Treaty requires or authorizes legisla- tion of the United States as interpreted by tion of the United States as interpreted by tion or other action by the United States of the United States. the United States. America that is prohibited by the Constitu- f tion of the United States as interpreted by Treaty Doc. 105–58 Treaty With Guatemala the United States. for the Return of Stolen or Robbed, Embez- INTRODUCTION OF BILLS AND zled or Appropriated Vehicles and Aircraft JOINT RESOLUTIONS Treaty Doc. 106–40 Treaty With Costa Rica (Exec. Report No. 106–22) The following bills and joint resolu- on Return of Vehicles and Aircraft (Exec. TEXT OF COMMITTEE RECOMMENDED tions were introduced, read the first Report No. 106–22) RESOLUTION OF ADVICE AND CONSENT and second times by unanimous con- TEXT OF COMMITTEE RECOMMENDED Resolved, (two thirds of the Senators present RESOLUTION OF ADVICE AND CONSENT concurring therein), That the Senate advise sent, and referred as indicated: Resolved, two thirds of the Senators present and consent to the ratification of the Treaty By Ms. SNOWE: concurring therein), That the Senate advise Between the Government of the United S. 3141. A bill to amend title XVIII of the and consent to the ratification of the Treaty States of America and the Government of Social Security Act to provide for coverage Between the Government of the United the Republic of Guatemala for the Return of under the Medicare Program of annual States of America and the Government of Stolen, Robbed, Embezzled or Appropriated screening pap smear and screening pelvic the Republic of Costa Rica for the Return of Vehicles and Aircraft, with Annexes and a exams; to the Committee on Finance. Stolen, Robbed, Embezzled or Appropriated Related Exchange of Notes, signed at Guate- By Mr. WARNER: Vehicles and Aircraft, with Annexes and a mala City on October 6, 1997 (Treaty Doc. S. 3142. A bill to expand the boundary of related exchange of notes, signed at San Jose 105–58), subject to the declaration of sub- the George Washington Birthplace National on July 2, 1999 (Treaty Doc. 106–40), subject section (a) and the proviso of subsection (b). Monument, and for other purposes; to the to the declaration of subsection (a) and the (a) DECLARATION.—The Senate’s advice and Committee on Energy and Natural Re- proviso of subsection (b). consent is subject to the following declara- sources. (a) DECLARATION.—The Senate’s advice and tion, which shall be binding upon the Presi- By Mr. SESSIONS (for himself, Mr. consent is subject to the following declara- dent: JEFFORDS, Mr. BROWNBACK, Ms. COL- tion, which shall be binding upon the Presi- Treaty Interpretation.—The Senate affirms LINS, Mr. HUTCHINSON, and Mr. STE- dent: the applicability to all treaties of the con- VENS): TREATY INTERPRETATION.—The Senate af- stitutionally based principles of treaty inter- S. 3143. A bill to improve the integrity of firms the applicability to all treaties of the pretation set forth in Condition (1) of the the Federal student loan programs under constitutionally based principles of treaty resolution of ratification of the INF Treaty, title IV of the Higher Education Act of 1965 interpretation set forth in Condition (1) of approved by the Senate on May 27, 1988, and with respect to students at foreign institu- the resolution of ratification of the INF Condition (8) of the resolution of ratification tions; to the Committee on Health, Edu- Treaty, approved by the Senate on May 27, of the Document Agreed Among the States cation, Labor, and Pensions. 1988, and Condition (8) of the resolution of Parties to the Treaty on Conventional By Mr. THOMPSON: ratification of the Document Agreed Among Armed Forces in Europe, approved by the S. 3144. An original bill to amend the In- the States Parties to the Treaty on Conven- Senate on May 14, 1997. spector General Act of 1978 (5 U.S.C. App.) to

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9606 CONGRESSIONAL RECORD — SENATE October 2, 2000 establish police powers for certain Inspector Monument Boundary Adjustment Act of I have come to realize that we have a General agents engaged in official duties and 2000’’. very large student loan program, and provide an oversight mechanism for the exer- (b) BOUNDARY OF GEORGE WASHINGTON there are some problems with it. Today BIRTHPLACE NATIONAL MONUMENT.—The cise of those powers; from the Committee on I am offering legislation to create a 12- Governmental Affairs; placed on the cal- boundary of the George Washington Birth- endar. place National Monument (hereinafter re- month fraud control pilot program to By Mr. BREAUX: ferred to as the ‘‘monument’’) is modified to reduce the incidence of fraud in the S. 3145. A bill to amend the Internal Rev- include the area comprising approximately Federal Family Education Loan Pro- enue Code of 1986 to clarify the treatment 115 acres, as generally depicted on the map gram and other programs under title under the tax-exempt bond rules of prepay- entitled ‘‘George Washington Birthplace Na- IV. ments for certain commodities; to the Com- tional Monument Boundary Map Westmore- In recent years, there have been a mittee on Finance. land County Virginia’’, numbered 332/80,011B, number of cases of so-called students and dated July 2000. The map shall be on file By Mr. CAMPBELL: falsely claiming they are attending for- S. 3146. A bill to preserve the sovereignty and available for inspection in the appro- of the United States over public lands and priate offices of the National Park Service, eign schools, directing that their stu- acquired lands owned by the United States, Department of the Interior. dent loan checks be paid directly to and to preserve State sovereignty and pri- (c) ACQUISITION OF LANDS.—The Secretary them and not to the school, and then vate property rights in non-Federal lands of the Interior may acquire land or interests taking the money and spending it on surrounding those public lands and acquired in land described in subsection (b) by dona- themselves and not attending the for- lands; read the first time. tion, purchase from willing sellers with do- eign school. This fraud has been docu- By Mr. ROBB (for himself, Mr. SAR- nated or appropriated funds, or exchange. (d) ADMINISTRATION OF LANDS.—Lands mented with many examples listed in a BANES, Ms. MIKULSKI, Mr. WARNER, added to the monument pursuant to sub- 1997 Department of Education inspec- Mr. LEVIN, Mr. DEWINE, and Mr. JEF- section (b) shall be administered by the Sec- tor general’s report. FORDS): S. 3147. A bill to authorize the establish- retary of the Interior as part of the monu- In addition, the report contains rec- ment, on land of the Department of the Inte- ment in accordance with the laws and regu- ommendations on tightening controls rior in the District of Columbia or its envi- lations applicable hereto. for the program. Too often these re- rons, of a memorial and gardens in honor and By Mr. SESSIONS (for himself, ports are dry, detailed, and com- commemoration of Frederick Douglass; to plicated. Nobody in this body even Mr. JEFFORDS, Mr. BROWNBACK, the Committee on Energy and Natural Re- reads them, much less acts on them. Ms. COLLINS, Mr. HUTCHINSON, sources. Certainly, I doubt the President, who and Mr. STEVENS): By Mr. DODD (for himself and Mr. KEN- says he wants to increase foreign stu- NEDY): S. 3143. A bill to improve the integ- S. 3148. A bill to provide children with bet- rity of the Federal student loan pro- dent loans, has read the report. We cer- ter access to books and other reading mate- grams under title IV of the Higher Edu- tainly have not seen any request from rials and resources from birth to adulthood, cation Act of 1965 with respect to stu- the administration to improve this. I including opportunities to own books; to the dents at foreign institutions; to the believe we can and should do it in Con- Committee on Health, Education, Labor, and Committee on Health, Education, gress. Pensions. Labor, and Pensions. It is time, I believe, for this Congress f to close the loopholes which allow FEDERAL STUDENT LOAN PROGRAMS STATEMENTS ON INTRODUCED IMPROVEMENTS ACT these phantom students to defraud the BILLS AND JOINT RESOLUTIONS Mr. SESSIONS. Mr. President, I am Government. concerned that we as a Congress have On April 19, 2000, President Clinton By Mr. WARNER: and Secretary of Education Riley de- S. 3142. A bill to expand the boundary not been effective enough in oversight; that is, looking at the Federal agencies clared that international education is a of the George Washington Birthplace priority with them. They want to en- National Monument, and for other pur- and Departments of this Government to make sure they are operating effec- courage more students to study abroad. poses; to the Committee on Energy and In fact, the President issued a memo- Natural Resources. tively. We ooh and ah and make complaints randum to the heads of executive de- GEORGE WASHINGTON BIRTHPLACE NATIONAL and express concern, but we do not partments and agencies stating that MONUMENT often follow through. I know fun- the United States is committed to pro- Mr. WARNER. Mr. President, today, I damentally it is the responsibility of moting study abroad by U.S. students. am introducing legislation to expand the administration to run the execu- He stated: the boundary of the George Wash- tive branch, but Congress does fund The Secretaries of State and Education ington Birthplace National Monument that branch and has every right to in- shall support the efforts of schools and col- in Westmoreland County, Virginia by sist that branch does its duty effec- leges to improve access to high-quality allowing the U.S. Park Service to ac- tively, expeditiously, and economically international educational experiences by in- quire portions of the surrounding prop- creasing the number and diversity of stu- with minimum waste, fraud, and abuse. dents who study and intern abroad, encour- erty from willing sellers. Previously, I had the pleasure about a year ago on September 28, 2000, I offered S. 3132 aging students and institutions to choose to have a conversation with a wonder- nontraditional study-abroad locations, and to allow the Park Service to acquire ful lady, Melanie DeMayo, who used to helping under-represented United States in- one acre of property adjacent to the work with Senator Proxmire and was stitutions offer and promote study-abroad park. The bill I introduce today will involved in his ‘‘Golden Fleece Award’’ opportunities for their students. allow the Park Service to acquire 115 presentations. She convinced me I Study abroad can be a wonderful ex- acres from willing sellers, including could play a role in helping to make perience for a student, and I do not op- the one acre referenced in S. 3132. I sure, when a dollar is extracted from a pose some form of student loan aid to urge my colleagues to support the pres- hard-working American citizen and is students who want to take advantage ervation of George Washington’s birth- brought to this Senate, this Govern- of that. It can be an extraordinarily en- place. I ask unanimous consent that ment, to be spent, that it is spent wise- riching experience. We do need to en- the full text of the bill be printed in ly and not wasted or abused or ineffec- sure that the program involves study the RECORD. tively utilized to carry out whatever and not a European vacation at the ex- There being no objection, the bill was worthwhile program was intended. I pense of hard-working American tax- ordered to be printed in the RECORD, as appreciate her insight and help in payers for whom a visit to the ball follows: thinking this through. park is often beyond their budget. S. 3142 I have developed what I call Integrity This new initiative by the adminis- Be it enacted by the Senate and House of Rep- Watch. I spent a number of years as a tration will increase the risk of fraud resentatives of the United States of America in Federal prosecutor. I believe we can do unless we institute sound controls im- Congress assembled, a better job of maintaining integrity in mediately. I am not referring to U.S. SECTION 1. GEORGE WASHINGTON BIRTHPLACE this Government. When we are spend- universities that have foreign pro- NATIONAL MONUMENT BOUNDARIES ADJUSTED. ing $1.7 trillion a year, it is incumbent grams or cooperative programs with (a) SHORT TITLE.—This Act may be cited as upon us to make sure there is oversight foreign universities. I am talking about the ‘‘George Washington Birthplace National over these programs. mainly the unsupervised foreign-based

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9607 institutions. Some of these institutions students attending 91 foreign medical My legislation will require the Sec- have already been criticized by General schools. Frankly, I am not sure there retary of Education to initiate a 12- Accounting Office studies. Often these are 91 medical schools out there in this month fraud control pilot program in- marginal schools are the very schools world, outside the United States, for volving guaranty agencies—those are the so-called students use in their which we ought to be funding edu- the people who put up the loan money fraud scam. Their fraud is committed cation. If somebody comes to this guaranteed by the Federal Govern- when they state they are registering in country expecting to be a doctor, we ment—lenders, and a representative these schools and then simply pocket need to know they have met certain group of foreign schools to reduce the the money with no one the wiser. quality education standards. But, at incidence of fraud in the student loan Since 1995, there have been 25 felony any rate, that is what we hear. program. I believe the Secretary should convictions of students who fraudu- In applying its standards, the Depart- look into a number of solutions. lently claimed they were attending a ment of Education relies exclusively on Maybe the guaranty agencies should foreign school, and then they just information submitted by those foreign confirm that the student is enrolled in cashed their Government loan check schools as to their viability. Enforce- the foreign school before the loan is ac- and simply did not attend class. In the ment and oversight problems at the tually disbursed. After the money has United States, the check is made out Department still abound. Who is to say been disbursed to the student, maybe to the school and the student, but with how many students have fraudulently the guaranty agencies should confirm regard to foreign schools, the check is applied for loans? There isn’t a report that the student remains registered. made out simply to the students. These on that. Those are unknown unknowns, The Secretary should also determine are only the students who were caught as they say in management. We cannot whether it would be advantageous to doing their fraudulent activity. I have measure what we do not know. require a loan check to be endorsed by no doubt there are many more who Most likely, the greatest abuse of the both the student and the foreign insti- system occurs when the student, for have not been apprehended. That is tution. I am inclined to think it is. But various reasons, just pockets the why we ought to take action. We must we shall see. Maybe this evaluation pe- money and never goes to class. Under prevent cases such as this one. riod can help us determine that. Mr. Conrad Cortez claimed to be such the present system, who will know? We The question then becomes, Why are a student, and he applied for student do know that the system is broken. we paying for students to go to foreign loans. In March of 2000, he admitted to This legislation is one step toward fix- schools? These are American tax- ing it. charges of submitting 19 fraudulent payers’ dollars flowing to foreign Another abuse occurs when a foreign economies where the standards of edu- student loan applications over a 3-year school is actually paid the tuition but cation may not be as high as ours. I period. He pled guilty before a U.S. dis- does not insist that the student attend have checked with the higher edu- trict court judge to numerous accounts class and provides no real education to cation systems in my State. They cer- of mail fraud, bank fraud, and Social the student. I guess a foreign school tainly are not at full capacity and cer- Security account number fraud in the could simply be glad to get the Amer- tainly can handle more students. State of Massachusetts. The prosecutor ican money, the American check, and Perhaps there should be some limit told the court in that case that Cortez at that point it is up to the student on the number of years of study was responsible for dozens of other whether or not he or she actually at- abroad. How many? Five? Six? Seven? loans filed outside Massachusetts—in tends class or learns anything. I think Is that limited today? No, it is not. Florida and Texas. we need to have the Department of Maybe we ought to limit the number of The absolute disregard for the Amer- Education look into that and make years that the taxpayers will fund for- ican taxpayers was epitomized by Con- sure students are actually attending eign education. Today there is no rad Cortez. Mr. Cortez was living high class and not taking a European vaca- limit. Students can complete their en- at the expense of American taxpayers tion. tire education abroad, supported by the and in violation of law by filing false Mr. Cortez demonstrated a perfect taxpayers, sometimes not in good insti- documents to receive loan money from example of why this program is high tutions. Perhaps the quality of the in- the Government. risk. There simply is not enough over- stitution should be verified, among During the period from 1996 through sight. Currently, the methodology for other things. But this will not be an 1999, he bought gifts for his friends, in- approving and releasing student loan issue raised by our legislation today. cluding jewelry and cars, paid for pri- funds is vulnerable. Current law states Our legislation will simply go to the vate tennis lessons, made a downpay- that the student may request a check question of whether or not we can im- ment on a house, sent some money be issued directly to him or her, when prove the way we guard against actual back to his native Colombia, ate in the claiming they are attending a foreign fraud in these loans. It will begin the best restaurants, and even paid restitu- school, and a check will be sent di- process of erasing the fraudulent be- tion for a previous charge of defrauding rectly to them, without the require- havior of ‘‘students’’ claiming they are the Government, and he did this all ment of a cosignature by the school. attending foreign schools and then with the American taxpayers’ money. The Office of Inspector General at pocketing the money for their personal Mr. Cortez’ fraud only ended when he the Department of Education identified lifestyle. was turned in by his sister’s boyfriend, weaknesses and deficiencies in the fol- So I introduce this legislation today who claimed that Mr. Cortez had used lowing areas of the foreign school at- and hope my colleagues will quickly his identity to obtain additional loans. tendance programs: Verification of en- support such a measure as this because In fact, Mr. Cortez was about to help rollment, the disbursement process, I believe it will reduce the fraud that himself to $800,000 that you and I pay the determination of the borrowers’ has been plainly demonstrated in a in income taxes. He had filed 37 false eligibility, standards of administrative critical report by the Office of Inspec- claims in all, spending the money as and financial capability on the part of tor General of the U.S. Department of fast as it came in to him. the foreign school, and general over- Education. The inspector general’s office of the sight of foreign schools. In the course of working on this, I Department of Education, with the The same Office of Inspector General would like to express my appreciation FBI, and the attorney general’s office report—that is the Department of Edu- to a number of people who have played in Boston combined forces to appre- cation’s own inspector general’s office an important role in this. I thank the hend him before he could get all the within that Department—stated that cosponsors of this legislation, includ- money that was coming to him the number of students claiming to at- ing Senator JEFFORDS, who chairs the through those false loans. He did, how- tend foreign schools and applying for Health, Education, Labor, and Pen- ever, pocket about $300,000 before he loans increased each academic year sions Committee; Senator TIM HUTCH- was caught. from 1993 to 1997 and went from 4,594 INSON of Arkansas, who is here, who This is not an isolated case. In 1994, students to 10,715 students. Later fig- has been a supporter and has had a the General Accounting Office found ures show the number continues to in- great interest in this as a cosponsor; that the Department of Education had crease. Indeed, in 1998–1999 there were along with Senators BROWNBACK and approved student loans to hundreds of 12,000 foreign loans. COLLINS.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9608 CONGRESSIONAL RECORD — SENATE October 2, 2000 I also express my appreciation to cated for equal voting rights for Afri- pre-school, children can recognize spe- Scott Giles of Senator JEFFORDS’s of- can Americans. Frederick Douglass cific books, can understand how to fice; to Melanie DeMayo, who has done spent over 20 years living in the Ana- handle them, and can listen to stories such a tremendous job helping us iden- costia region of Washington, D.C. and for in books. The National Research tify and research this problem; and An- it is appropriate that we dedicate the Council’s 1998 landmark study, ‘‘Pre- thony Leigh of my staff, who is with National Memorial and Gardens to his venting Reading Difficulties in Young me now, who has helped me work on memory in the community where he Children,’’ makes clear that to become this. lived. As companion legislation gains good readers, children need to learn We believe this is perhaps not a momentum in the House, it is impor- letters and sounds, they need to learn glamorous issue but an important tant that we pledge our support to this to read for meaning, and they must issue, an important step we can take to worthy endeavor. practice reading with many types of eliminate plain fraud that is clearly books to gain the speed and fluency occurring around this country to a sub- Mr. DODD (for himself and Mr. that makes reading rewarding. stantial degree, defrauding the tax- KENNEDY): We know that children who live in payers of the money they have sent to S. 3148. A bill to provide children print-rich environments and are read Washington. with better access to books and other to in their early years are much more Mr. President, I thank the Chair and reading materials and resources from likely to learn to read on schedule. yield the floor. birth to adulthood, including opportu- However, parents of children living in The PRESIDING OFFICER. The Sen- nities to own books; to the Committee poverty often lack the resources to buy ator from Arkansas. on Health, Education, Labor, and Pen- books, rarely have easy access to chil- Mr. HUTCHINSON. Mr. President, I sions. dren’s books, and may face reading dif- commend the distinguished Senator ACCESS TO BOOKS FOR CHILDREN ACT ficulties of their own. For many fami- from Alabama for his work in this Mr. DODD. Mr. President, I rise lies, where the choice is between buy- area. I am glad I am cosponsoring the today to offer a bill to enhance our ef- ing books to read at home and buying bill. Senator SESSIONS has been one of forts to provide children with opportu- food or clothes, federal programs that the tireless leaders in education and in nities to develop literacy skills and a support book donations and literacy rooting out fraud and abuse in the De- love of reading through access to and can change lives. partment of Education. ownership of books. I am pleased to be This legislation creates what I call I also mention, with Senator SES- joined in this effort by Senator JEF- the Access to Books for Children pro- SIONS’ help on the Education Com- FORDS, Senator KENNEDY, and Senator gram (or ABC). It provides children mittee, we recently sent a bill out that MURRAY. with better access to books and re- I sponsored on the Senate side, that This bill would continue the good sources from birth to adulthood, in- passed the House of Representatives, work of the Inexpensive Book Distribu- cluding opportunities to own books. which would require a fraud audit of tion program which we know as Read- The success of the Inexpensive Book the Department of Education be per- ing is Fundamental (RIF), and would Distribution Program is well-known. formed by the General Accounting Of- authorize two new programs to support This program has enabled Reading Is fice within 6 months. public/private partnerships with the Fundamental, Inc. (RIF) to put books While the Senator is dealing with one mission of making books and reading in the hands and homes of America’s specific area of fraud that is very seri- an integral part of childhood and of neediest and most at-risk children. RIF ous, for which this legislation needs to providing books to children who may is the nation’s largest children’s and be enacted, there are other examples of have no books of their own. Books family literacy organization. Through fraud, mismanagement, and abuse opened a new world for me as a child a contract with the U.S. Department of within the Department of Education and I want to make sure that all chil- Education, RIF provides federal match- that have come to light in recent days. dren have that same opportunity. ing funds to thousands of school and We are hopeful that legislation can Books are almost magical in their community based organizations that move before this session ends. It is power. They inspire children to dream, sponsor local RIF projects. Some ironic that there are those who want to imagine infinite possibilities and ul- 240,000 parents, educators, care givers, the Department of Education to have timately to work to make some of and community volunteers run RIF even more power, such as in the hiring those possibilities real. But for too programs at more than 16,500 sites that of 100,000 teachers or in school con- many children, the power of books is reach out to serve 3.5 million kids na- struction projects, when it is clearly a unrealized because of their own inabil- tionwide. This bill would continue the troubled agency that has had a real ity to read and because of limited ac- good work of the Inexpensive Book Dis- problem in even having a clean audit of cess to books in their homes and com- tribution Program and increase the au- their books. munities. In 1998, 38 percent of fourth thorization for this program to $25 mil- So I commend the Senator heartily graders in America ranked below the lion. and appreciate the work he is doing. basic level of reading according to the This legislation also supports two National Assessment of Educational new public/private partnerships to By Mr. ROBB (for himself, Mr. Progress. Sixty-four percent of African reach children with books and literacy SARBANES, Ms. MIKULSKI, Mr. American and 60 percent of Hispanic services. The Local Partnerships for WARNER, Mr. LEVIN, Mr. American fourth graders read below Books programs is funded not to sup- DEWINE, and Mr. JEFFORDS): the basic level of reading. port a new literacy project, but to sup- S. 3147. A bill to authorize the estab- These children are at high risk of port the ones that already exist with lishment, on land of the Department of never learning to read at an advanced low cost or donated books. The pro- the Interior in the District of Columbia level. When children do not learn to gram would support local partnerships or its environs, of a memorial and gar- read in the early years of elementary that link with grassroots organizations dens in honor and commemoration of school, it is virtually impossible to to provide them with low-cost or do- Frederick Douglass; to the Committee catch up in later years. Research shows nated books for at-risk, low income on Energy and Natural Resources. that if a child cannot read well by children. Local Partnerships for Books FREDERICK DOUGLASS MEMORIAL third grade, the prospect of later suc- is organized around the principle that Mr. ROBB. Mr. President, I rise to in- cess is significantly diminished. Sev- the private sector should be a major troduce legislation to authorize a me- enty-five percent of students who score player in this effort to put books in the morial and gardens in honor and com- below grade level in reading in third hands of our Nation’s children through memoration of Frederick Douglass. grade will be behind grade level in high donations and partnerships. Frederick Douglass was a renowned ab- school. This legislation would also support olitionist and civil rights leader. As a But the foundation on which literacy Partnerships for Infants and Young powerful orator, Douglass spoke out is built, begins much earlier. Reading Children—a program that makes early against slavery. As an advisor to Presi- to babies teaches them the rhythms literacy part of pediatric primary care. dent Abraham Lincoln, Douglass advo- and sounds of language. As early as This program would support linking

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9609 literacy and a healthy childhood. Vis- secondary school age, including those in toring, and family literacy programs reach- its to a pediatrician are a regular part family literacy programs; ing disadvantaged children; of early childhood and offer an excel- ‘‘(2) provide that funds made available to ‘‘(2) provide that funds made available to lent opportunity to empower parents subcontractors will be used only to pay the subcontractors will be used only to pay the Federal share of the cost of such programs; Federal share of the cost of such programs; to build the foundations for literacy. ‘‘(3) provide that in selecting subcontrac- ‘‘(3) provide that the contractor, working This initiative is modeled on Reach tors for initial funding, the contractor will in cooperation with the local partnerships, Out and Read (ROR) which utilizes a give priority to programs that will serve a will give priority to those tutoring, men- comprehensive approach—including substantial number or percentage of children toring, and family literacy programs that volunteer readers in waiting rooms, with special needs, such as— serve children and families with special physician training in literacy, and pro- ‘‘(A) low-income children, particularly in needs, predominantly those children from viding each child with an age appro- high-poverty areas; economically disadvantaged families and priate book during each visit—to sup- ‘‘(B) children at risk of school failure; those children and families without access to ‘‘(C) children with disabilities; libraries; port parents in developing literacy in ‘‘(D) foster children; ‘‘(4) provide that the contractor will annu- their children. An evaluation of this ‘‘(E) homeless children; ally report to the Secretary regarding the program found that parents are ten ‘‘(F) migrant children; number of books distributed, the number of times more likely to read to their chil- ‘‘(G) children without access to libraries; local partnerships created and supported, the dren if they received a book from their ‘‘(H) institutionalized or incarcerated chil- number of community tutoring, mentoring, pediatrician. dren; and and family literacy programs receiving Mr. President, this legislation is just ‘‘(I) children whose parents are institu- books for children, and the number of chil- one piece of the larger puzzle we must tionalized or incarcerated; dren provided with books; and ‘‘(4) provide that the contractor will pro- ‘‘(5) include such other terms and condi- confront as we struggle to improve our vide such technical assistance to subcontrac- tions as the Secretary determines to be ap- children’s literacy skills—but it is a tors as may be necessary to carry out the propriate to ensure the effectiveness of the piece that cannot be overlooked. To purpose of this section; program. learn to read, kids need books to read; ‘‘(5) provide that the contractor will annu- ‘‘(c) RESTRICTION ON PAYMENTS.—The Sec- it is as simple as that. This legislation ally report to the Secretary the number of, retary shall require the contractor to ensure will harness the energies and commit- and describe, programs funded under para- that the discounts provided by publishers graph (3); and and distributors for the new books purchased ment of volunteers, corporate America, under this section is at least as favorable as local literacy programs, doctors and ‘‘(6) include such other terms and condi- tions as the Secretary determines to be ap- discounts that are customarily given by such teachers to make books, and book own- propriate to ensure the effectiveness of such publishers or distributors for book purchases ership, a reality for every child. programs. made under similar circumstances in the ab- I ask unanimous consent that the bill ‘‘(c) RESTRICTION ON PAYMENTS.—The Sec- sence of Federal assistance. and an endorsement be printed in the retary shall make no payment of the Federal ‘‘(d) DEFINITION OF FEDERAL SHARE.—For the purpose of this section, the term ‘Federal RECORD. share of the cost of acquiring and distrib- uting books under any contract under this share’ means, with respect to the cost of pur- There being no objection, the mate- chasing books under this section, 50 percent rial was ordered to be printed in the section unless the Secretary determines that the contractor or subcontractor, as the case of the cost to the contractor, except that the RECORD, as follows: may be, has made arrangements with book Federal share for programs serving children S. 3148 publishers or distributors to obtain books at of migrant or seasonal farmworkers shall be 100 percent of such costs to the contractor. Be it enacted by the Senate and House of Rep- discounts at least as favorable as discounts ‘‘(e) MATCHING REQUIREMENT.—The con- resentatives of the United States of America in that are customarily given by such publisher tractor shall provide for programs under this or distributor for book purchases made under Congress assembled, section, either directly or through private similar circumstances in the absence of Fed- SECTION 1. SHORT TITLE. contributions, in cash or in-kind, non-Fed- eral assistance. This Act may be cited as the ‘‘Access to eral matching funds equal to not less than 50 ‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For Books for Children Act’’ or the ‘‘ABC Act’’. percent of the amount provided to the con- the purpose of this section, the term ‘Federal tractor under this section. SEC. 2. AMENDMENT TO THE ELEMENTARY AND share’ means, with respect to the cost to a SECONDARY EDUCATION ACT OF ‘‘(f) AUTHORIZATION OF APPROPRIATION.— 1965. subcontractor of purchasing books to be paid For the purpose of carrying out this section, Part E of title X of the Elementary and under this section, 75 percent of such costs to there are authorized to be appropriated Secondary Education Act of 1965 (20 U.S.C. the subcontractor, except that the Federal $10,000,000 for the fiscal year 2001 and such 8131 et seq.) is amended to read as follows: share for programs serving children of mi- sums as may be necessary for each of the 4 grant or seasonal farmworkers shall be 100 succeeding fiscal years. ‘‘PART E—ACCESS TO BOOKS FOR percent of such costs to the subcontractor. ‘‘Subpart 3—Partnerships for Infants and CHILDREN (ABC) ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Young Children ‘‘SEC. 10500. PURPOSE. For the purpose of carrying out this section, ‘‘It is the purpose of this part to provide there are authorized to be appropriated ‘‘SEC. 10521. PARTNERSHIPS FOR INFANTS AND children with better access to books and $25,000,000 for fiscal year 2001 and such sums YOUNG CHILDREN. ‘‘(a) PROGRAMS AUTHORIZED.—The Sec- other reading materials and resources from as may be necessary for each of the four suc- retary is authorized to enter into a contract birth to adulthood, including opportunities ceeding fiscal years. with a national organization (referred to in to own books. ‘‘Subpart 2—Local Partnerships for Books this section as the ‘contractor’) to support ‘‘Subpart 1—Inexpensive Book Distribution ‘‘SEC. 10511. LOCAL PARTNERSHIPS FOR BOOKS. and promote programs that— Program ‘‘(a) AUTHORIZATION.—The Secretary is au- ‘‘(1) include the distribution of free books ‘‘SEC. 10501. INEXPENSIVE BOOK DISTRIBUTION thorized to enter into a contract with a na- to children 5 years of age and younger, in- PROGRAM FOR READING MOTIVA- tional organization (referred to in this sec- cluding providing guidance from pediatric TION. tion as the ‘contractor’) to support and pro- clinicians to parents and guardians with re- ‘‘(a) AUTHORIZATION.—The Secretary is au- mote programs that— spect to reading aloud with their young chil- thorized to enter into a contract with Read- ‘‘(1) pay the Federal share of the cost of dren; and ing is Fundamental (RIF) (hereafter in this distributing at no cost new books to dis- ‘‘(2) help build the reading readiness skills section referred to as ‘the contractor’) to advantaged children and families primarily the children need to learn to read once the support and promote programs, which in- through tutoring, mentoring, and family lit- children enter school. clude the distribution of inexpensive books eracy programs; and ‘‘(b) REQUIREMENTS OF CONTRACT.—Any to students, that motivate children to read. ‘‘(2) promote the growth and strengthening contract entered into under subsection (a) ‘‘(b) REQUIREMENTS OF CONTRACT.—Any of local partnerships with the goal of shall— contract entered into under subsection (a) leveraging the Federal book distribution ef- ‘‘(1) provide that the contractor will enter shall— forts and building upon the work of commu- into subcontracts with local private non- ‘‘(1) provide that the contractor will enter nity programs to enhance reading motiva- profit groups or organizations or with public into subcontracts with local private non- tion for at-risk children. agencies under which each subcontractor profit groups or organizations, or with public ‘‘(b) REQUIREMENTS OF CONTRACT.—Any will agree to establish, operate, and provide agencies, under which each subcontractor contract entered into under subsection (a) the non-Federal share of the cost of reading will agree to establish, operate, and provide shall— motivation programs that include the dis- the non-Federal share of the cost of reading ‘‘(1) provide that the contractor will pro- tribution of books by gift, to the extent fea- motivation programs that include the dis- vide technical support and initial resources sible, or loan to children from birth through tribution of books, by gift, to the extent fea- to local partnerships to support efforts to 5 years of age, including those children in sible, or loan, to children from birth through provide new books to those tutoring, men- family literacy programs;

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9610 CONGRESSIONAL RECORD — SENATE October 2, 2000 ‘‘(2) provide that funds made available to may be necessary in each of the 4 succeeding leges and universities to use a portion subcontractors will be used only to pay the fiscal years.’’. of their Work-Study funds to support Federal share of the cost of such programs; college students who serve as literacy ‘‘(3) provide that in selecting subcontrac- REACH OUT AND READ tutors. Institutions of higher education tors for initial funding under this section, NATIONAL CENTER, the contractor will give priority to programs Boston, MA, June 23, 2000. across Massachusetts are already cre- that will serve a substantial number or per- Hon. EDWARD M. KENNEDY, ating strong relationships with their centage of children with special needs, such U.S. Senate, surrounding communities, and partici- as— Washington, DC. pation in this initiative enhances those ‘‘(A) low-income children, particularly DEAR SENATOR KENNEDY: I enthusiastically relationships. Today, over 1,400 col- low-income children in high-poverty areas; welcome the ‘‘Access to Books for Children leges and universities are committed ‘‘(B) children with disabilities; Act’’ that you, along with Senators JEF- to the President’s ‘‘America Reads FORDS and DODD, are introducing before the ‘‘(C) foster children; Work Study Program,’’ and 74 of these ‘‘(D) homeless children; U.S. Senate in the coming days. ‘‘(E) migrant children; In my years as a pediatrician, I have wit- institutions are in Massachusetts. ‘‘(F) children without access to libraries; nessed the wide-ranging impact of poverty The Reading Excellence Act was en- ‘‘(G) children without adequate medical in- on thousands of families, particularly as it acted in 1999 to provide competitive surance; and relates to the healthy development of chil- reading and literacy grants to states. ‘‘(H) children enrolled in a State medicaid dren. One particularly troublesome mani- States that receive funding then award program under title XIX of the Social Secu- festation of poverty is the barrier that it competitive subgrants to school dis- rity Act; erects to having books in the home. tricts to support local reading improve- ‘‘(4) provide that the contractor will pro- We know that early brain development re- quires environmental stimulation, and we ment programs. The lowest-achieving vide such technical assistance to subcontrac- and poorest schools will benefit the tors as may be necessary to carry out this also know that book sharing assures the lan- section; guage stimulation essential for neuronal most. The program will help children ‘‘(5) provide that the contractor will annu- complexity and maturation. None of this will learn to read in their early childhood ally report to the Secretary on the effective- happen without books nearby—books in the years and through the 3rd grade using ness of the national program and the effec- home. effective classroom instruction, high- tiveness of the local programs funded under Making sure that all children have the op- quality family literacy programs, and this section, including a description of the portunity to grow up with books requires the early literacy intervention for children national program and of each of the local participation of all professionals that care for young children. Through the more than who have reading difficulties. Massa- programs; and chusetts is one of 17 states to receive ‘‘(6) include such other terms and condi- 740 Reach Out and Read sites across the tions as the Secretary determines to be ap- country, we are mobilizing the pediatric funding under this competitive pro- propriate to ensure the effectiveness of such community to do our part in meeting this gram. programs. challenge. We are delighted by the prospect In addition to good instruction, chil- ‘‘(c) RESTRICTION ON PAYMENTS.—The Sec- of support for our efforts through this legis- dren need to have reading materials retary shall make no payment of the Federal lation. outside of school—and even before they share of the cost of acquiring and distrib- I thank you for the leadership you con- start school. They also need adults to tinue to show in supporting parents in their uting books under any contract under this read with them, so that they can de- section unless the Secretary determines that efforts to help their children grow up healthy. We look forward to helping in any velop a love of reading early in life. the contractor or subcontractor, as the case The ABC Act authorizes three pro- may be, has made arrangements with book way we can. publishers or distributors to obtain books at Sincerely, grams to provide children from birth discounts at least as favorable as discounts BARRY ZUCKERMAN, MD, through high school age with low-cost that are customarily given by such publisher Chairman. or no-cost books. The programs com- or distributor for book purchases made under Mr. KENNEDY. Mr. President, I am plement one another by reaching dif- similar circumstances in the absence of Fed- proud to be a co-sponsor of the Access ferent communities through different eral assistance. to Books for Children Act, the ‘‘ABC’’ means, so that every child can have a ‘‘(d) DEFINITION OF FEDERAL SHARE.—In Act. I commend Senator JEFFORDS, book to read. this section with respect to the cost to a sub- Senator DODD, and Senator MURRAY for The act reauthorizes $25 million for contractor of purchasing books to be paid under this section, the term ‘Federal share’ their leadership on this legislation. the successful Reading Is Fundamental means 50 percent of such costs to the subcon- Many successful programs are help- Program, which distributes books to tractor, except that the Federal share for ing children learn to read well. But too school-age children. This program has programs serving children of migrant or sea- often, the best programs are not avail- been especially effective in Massachu- sonal farmworkers shall be 100 percent of able to all children. As a result, large setts. It is helping over 45,000 children such costs to the subcontractor. numbers of children are denied the op- at 70 sites across the state obtain ac- ‘‘(e) MATCHING REQUIREMENT.—The con- portunity to learn to read well. 40 per- cess to books. As a teacher from tractor shall provide for programs under this cent of 4th grade students do not reach section, either directly or through private Methuen said, ‘‘RIF continues to excite contributions, in cash or in-kind, non-Fed- the basic reading level, and 70 percent our students by providing them with eral matching funds equal to not less than 50 of 4th graders are not proficient in books they can call their own, exposing percent of the amount provided to the con- reading. them to a variety of literature, and of- tractor under this section. Children who fail to acquire basic fering these children worlds unknown.’’ ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— reading skills early in life are at a dis- Founded in 1966, Reading Is Funda- For the purpose of carrying out this section, advantage throughout their education mental serves more than 3.5 million there are authorized to be appropriated and later careers. They are more likely children annually at 17,000 sites in all $10,000,000 for fiscal year 2001 and such sums to drop out of school, and to be unem- 50 states, the District of Columbia, and as may be necessary for each of the 4 suc- ceeding fiscal years. ployed. This important grant will help U.S. territories. Over two-thirds of the many more children learn to read children served have economic or ‘‘Subpart 4—Evaluation well—and learn to read well early—so learning needs that put them at risk of ‘‘SEC. 10531. EVALUATION. that they have a greater chance for failing to achieve basic educational ‘‘(a) IN GENERAL.—The Secretary shall an- nually conduct an evaluation of— successful lives and careers. goals. By the end of 2000, it will have ‘‘(1) programs carried out under this part The programs authorized in the ABC placed 200 million books in the hands to assess the effectiveness of such programs Act complement the work already and homes of America’s children. in meeting the purpose of this part and the under way in Massachusetts and other The act also authorizes $10 million goals of each subpart; and states under the Reading Excellence for the Secretary of Education to ‘‘(2) the effectiveness of local literacy pro- Act and under the America Reads pro- award grants to organizations that pro- grams conducted under this part that link gram. In 1996, President Clinton and vide low-cost or no-cost books for local children with book ownership and mentoring the First Lady initiated a new effort to tutoring, mentoring, and family lit- in literacy. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— achieve greater national progress on eracy programs. Programs such as For purposes of carrying out this section, child literacy by proposing their First Book have been very successful in there is authorized to be appropriated ‘‘America Read Challenge.’’ This encouraging reading. In 1998, First $500,000 for fiscal year 2001, and such sums as worthwhile initiative encourages col- Book was able to distribute more than

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9611 2.4 million new books to children living But for too many children, it becomes provided essential leadership to promote the below the poverty line throughout the a senseless obstacle to the future. Chil- education of children across the country and United States. First book originally dren need and deserve programs like have also directly supported First Book, committed to distribute two million Reading Is Fundamental, First Book, most notably through the First Book Na- tional Book Bank initiative launched last new books to children over 3 years and and Reach Out and Read. None of us June on the grounds of the Capital. add 100 additional First Book commu- should rest until every child across the In closing, I would like to share a quote nities. Through the extraordinary ef- nation has the opportunity to own a from a letter I received this morning from an forts of its Local Advisory Boards and book, enjoy a book, and read a book. Even Start teacher who incorporates First national partners, First Book has met The nation’s future depends on it. Book books into home visits in which she and far exceeded its book distribution Mr. President, I ask unanimous con- teaches low-income parents how to read with pledge of 2 million books, and has met sent that additional material be print- their children. ‘‘It has been very rewarding its expansion goals. We should con- ed in the RECORD. to be able to give the books to the children at the home visits. Before First Book, we tinue to support programs like First There being no objection, the mate- rial was ordered to be printed in the took a book to share with the family and Book that involve businesses and com- then had to take the book away with us. munity resources in programs to help RECORD, as follows: Many times there were screams of protest ensure that all children have access to FIRST BOOK, from young children. [After First Book] we books. Washington, DC, June 29, 2000. find that the families are thrilled with the The ABC Act also authorizes $10 mil- Hon. PATTY MURRAY, books and look forward to receiving them.’’ lion for the Secretary of Education to U.S. Senate, Russell Senate Office Building, Simply put, it shouldn’t take ‘‘screams of Washington, DC. award grants to the organizations that protest’’ from young children to remind us of DEAR SENATOR MURRAY: On behalf of First what we need to do. Thankfully, you and the provide free books to children under Book’s Board of Directors, national volun- other co-sponsors are aware of the many age 5 in pediatric clinics. Programs teer network, and the children and families challenges facing these young children and like Reach Out and Read in Boston are we serve, I congratulate you and the other you have developed a thoughtful and effec- shining examples of how to provide co-sponsors of The Access to Books for Chil- tive plan to meet their needs and strengthen children with access to books and dren Act. This legislation will change the on-going efforts at the community level. The prereading skills through health check- lives of millions of low-income children by Access to Books for Children Act will pro- providing these children with personal li- ups with their pediatricians. vide millions of new books to low-income braries of their very own. Yours is a piece of children lacking books of their own. I look For the past 10 years, through pri- legislation whose time has come. vate funding, Reach Out and Read has forward to working with you to bring the As you know, First Book is a national non- magic of book ownership to these many chil- been helping young children ages 0–5 profit organization with a single mission: to dren still waiting for our help. get the early reading skills they need provide an ongoing supply of free, new books Sincerely, to economically disadvantaged children and to become successful readers. Reach KYLE ZIMMER, Out and Read currently serves 930,000 families participating in community-based President. children in 556 local sites in 48 states. tutoring, mentoring, and family literacy pro- grams nationwide, as well as those children f Evaluations of the program show that without access to libraries. Through our ADDITIONAL COSPONSORS Reach Out and Read increases parents’ Local Advisory Board network, First Book understanding of reading and their at- effectively promotes the growth and S. 61 titude towards reading—especially to strengthening of local partnerships with the At the request of Mr. DEWINE, the their children. Parents are ten times goal of leveraging federal book distribution name of the Senator from Maine (Ms. more likely to read to their children if efforts and building upon the work of exist- COLLINS) was added as a cosponsor of S. they have received a book from a pedi- ing community programs designed to en- 61, a bill to amend the Tariff Act of atrician. Children’s brain activity is hance reading motivation for at-risk chil- 1930 to eliminate disincentives to fair dren. stimulated by reading, enhancing their First Book Local Advisory Boards develop trade conditions. intellectual and language development. these local partnerships by identifying local S. 198 In addition, the program is cost-effec- resources and securing donations to meet the At the request of Mrs. BOXER, the tive—on average, the cost is only $5 per needs of community-based literacy programs name of the Senator from Washington child. serving low-income children by providing (Mrs. MURRAY) was added as a cospon- Holyoke Reach Out and Read is run them with access to free books. I look for- sor of S. 198, a bill to amend the Public ward to working with the Secretary to sup- by Holyoke Pediatric Associates, a Health Service Act to provide for the large medical practice serving 30,000 port and promote these local programs in order to consistently reach the children who training of health professions students clients from Holyoke and surrounding need our help the most. with respect to the identification and communities in Massachusetts. Sixty First Book is deeply grateful, Senator referral of victims of domestic vio- percent of the clients are low-income Murray, for your continual support of our lence. mission as well as your commitment to the or medicaid eligible families. The pro- S. 459 gram distributed over 3,000 books to education of all children. Since we began our work together in 1997, First Book Local Ad- At the request of Mr. BREAUX, the children in 1999. name of the Senator from Kansas (Mr. It may seem unusual to talk about visory Boards in Washington state have dis- tributed more than 250,000 new books to BROWNBACK) was added as a cosponsor literacy in a hospital, but it makes per- 48,000 children in 250 local programs. I am of S. 459, a bill to amend the Internal fect sense. To see that children learn to also proud to announce that there are cur- Revenue Code of 1986 to increase the read, everyone needs to lend a hand. rently 15 Local Advisory Boards leveraging State ceiling on private activity bonds. Physicians can be a major part of being the power of community-based partnerships S. 662 of the effort. They can help children in your home state. As you know, First Book and parents understand that reading is active nationally in hundreds of commu- At the request of Ms. SNOWE, the will enhance the well-being of every nities providing millions of new books to names of the Senator from Illinois (Mr. child, just as milk and vitamins do. A hundreds of thousands of disadvantaged chil- FITZGERALD) and the Senator from dren. Because of your efforts, the ABC Act Montana (Mr. BURNS) were added as co- good book may turn out to be the most will enable First Book to build upon this important thing a doctor prescribes for sponsors of S. 662, a bill to amend title great success in Washington state and across XIX of the Social Security Act to pro- a child. the country. Reach Out and Read is making it pos- I also salute the co-sponsors of the ABC vide medical assistance for certain sible for many more young children to Act. Senators James Jeffords, Edward Ken- women screened and found to have have access to books and take the first nedy, and Chris Dodd have each strongly breast or cervical cancer under a feder- steps toward learning to read and to- supported First Book at both the national ally funded screening program. ward becoming good readers in their and local levels in our constant efforts to S. 670 reach additional children. Through their own At the request of Mr. JEFFORDS, the early years. It is bringing books and volunteer efforts working with low-income the love of reading to many new chil- children, Senators Jeffords, Kennedy, and name of the Senator from Illinois (Mr. dren every day. Dodd have served as inspiring examples in FITZGERALD) was added as a cosponsor Reading is the foundation of learning Washington, D.C. and nationally. In the of S. 670, a bill to amend the Internal and the golden door to opportunity. same way, you and your co-sponsors have Revenue Code of 1986 to provide that

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9612 CONGRESSIONAL RECORD — SENATE October 2, 2000 the exclusion from gross income for CLELAND) was added as a cosponsor of eral contractor responsibility, to re- foster care payments shall also apply S. 2601, a bill to amend the Internal quire the Comptroller General to con- to payments by qualifying placement Revenue Code of 1986 to exclude from duct a review of Federal contractor agencies, and for other purposes. the gross income of an employee any compliance with applicable laws, and S. 786 employer provided home computer and for other purposes. At the request of Ms. MIKULSKI, the Internet access. S. 3012 name of the Senator from Washington S. 2698 At the request of Mr. LEAHY, the (Mrs. MURRAY) was added as a cospon- At the request of Mr. MOYNIHAN, the name of the Senator from Maryland sor of S. 786, a bill to amend title II of names of the Senator from Hawaii (Mr. (Ms. MIKULSKI) was added as a cospon- the Social Security Act to provide that AKAKA) and the Senator from Con- sor of S. 3012, a bill to amend title 18, a monthly insurance benefit there- necticut (Mr. DODD) were added as co- United States Code, to impose criminal under shall be paid for the month in sponsors of S. 2698, a bill to amend the and civil penalties for false statements which the recipient dies, subject to a Internal Revenue Code of 1986 to pro- and failure to file reports concerning reduction of 50 percent if the recipient vide an incentive to ensure that all defects in foreign motor vehicle prod- dies during the first 15 days of such Americans gain timely and equitable ucts, and to require the timely provi- month, and for other purposes. access to the Internet over current and sion of notice of such defects, and for S. 1322 future generations of broadband capa- other purposes. At the request of Mr. DASCHLE, the bility. S. 3020 name of the Senator from Massachu- S. 2718 At the request of Mr. GRAMS, the setts (Mr. KERRY) was added as a co- At the request of Mrs. MURRAY, her name of the Senator from Alabama sponsor of S. 1322, a bill to prohibit name was added as a cosponsor of S. (Mr. SESSIONS) was added as a cospon- health insurance and employment dis- 2718, a bill to amend the Internal Rev- sor of S. 3020, a bill to require the Fed- crimination against individuals and enue Code of 1986 to provide incentives eral Communications Commission to their family members on the basis of to introduce new technologies to re- revise its regulations authorizing the predictive genetic information or ge- duce energy consumption in buildings. operation of new, low-power FM radio netic services. stations. S. 2725 S. 1510 S. 3088 At the request of Mr. ROBB, his name At the request of Mr. MCCAIN, the At the request of Mr. LEVIN, the was added as a cosponsor of S. 2725, a name of the Senator from Georgia (Mr. name of the Senator from Michigan bill to provide for a system of sanc- CLELAND) was added as a cosponsor of (Mr. ABRAHAM) was added as a cospon- tuaries for chimpanzees that have been S. 1510, a bill to revise the laws of the sor of S. 3088, a bill to require the Sec- designated as being no longer needed in United States appertaining to United retary of Health and Human Services research conducted or supported by the States cruise vessels, and for other pur- to promulgate regulations regarding Public Health Service, and for other poses. allowable costs under the medicaid purposes. S. 1536 program for school based services pro- At the request of Mr. SMITH of New vided to children with disabilities. At the request of Mr. DEWINE, the Hampshire, the name of the Senator names of the Senator from South Caro- S. 3089 from Massachusetts (Mr. KERRY) was lina (Mr. HOLLINGS), the Senator from added as a cosponsor of S. 2725, supra. At the request of Mr. HAGEL, the West Virginia (Mr. ROCKEFELLER), and names of the Senator from Virginia S. 2841 the Senator from Nebraska (Mr. (Mr. WARNER) and the Senator from At the request of Mr. ROBB, the name HAGEL) were added as cosponsors of S. Missouri (Mr. ASHCROFT) were added as 1536, a bill to amend the Older Ameri- of the Senator from North Dakota (Mr. cosponsors of S. 3089, a bill to authorize cans Act of 1965 to extend authoriza- CONRAD) was added as a cosponsor of S. the design and construction of a tem- tions of appropriations for programs 2841, a bill to ensure that the business porary education center at the Viet- under the Act, to modernize programs of the Federal Government is con- nam Veterans Memorial ducted in the public interest and in a and services for older individuals, and S. 3101 manner that provides for public ac- for other purposes. At the request of Mr. ASHCROFT, the countability, efficient delivery of serv- S. 2390 names of the Senator from Vermont ices, reasonable cost savings, and pre- At the request of Mr. HATCH, the (Mr. JEFFORDS) and the Senator from vention of unwarranted Government name of the Senator from Texas (Mrs. New Mexico (Mr. BINGAMAN) were expenses, and for other purposes. HUTCHISON) was added as a cosponsor of added as cosponsors of S. 3101, a bill to S. 2390, a bill to establish a grant pro- S. 2953 amend the Internal Revenue Code of gram that provides incentives for At the request of Mr. TORRICELLI, the 1986 to allow as a deduction in deter- States to enact mandatory minimum name of the Senator from Georgia (Mr. mining adjusted gross income the de- sentences for certain firearms offenses, MILLER) was added as a cosponsor of S. duction for expenses in connection and for other purposes. 2953, a bill to amend title 38, United with services as a member of a reserve S. 2505 States Code, to improve outreach pro- component of the Armed Forces of the At the request of Mr. JEFFORDS, the grams carried out by the Department United States. name of the Senator from South Caro- of Veterans Affairs to provide for more S. 3105 lina (Mr. HOLLINGS) was added as a co- fully informing veterans of benefits At the request of Mr. BREAUX, the sponsor of S. 2505, a bill to amend title available to them under laws adminis- name of the Senator from Arkansas XVIII of the Social Security Act to tered by the Secretary of Veterans Af- (Mrs. LINCOLN) was added as a cospon- provide increased assess to health care fairs. sor of S. 3105, a bill to amend the Inter- for medical beneficiaries through tele- S. 2954 nal Revenue Code of 1986 to clarify the medicine. At the request of Mr. HOLLINGS, the allowance of the child credit, the de- S. 2591 name of the Senator from Hawaii (Mr. duction for personal exemptions, and At the request of Mr. JEFFORDS, the INOUYE) was added as a cosponsor of S. the earned income credit in the case of name of the Senator from Utah (Mr. 2954, a bill to establish the Dr. Nancy missing children, and for other pur- BENNETT) was added as a cosponsor of Foster Marine Biology Scholarship poses. S. 2591, a bill to amend the Internal Program. S. 3115 Revenue Code of 1986 to allow tax cred- S. 2986 At the request of Mr. SARBANES, the its for alternative fuel vehicles and re- At the request of Mr. HUTCHINSON, name of the Senator from West Vir- tail sale of alternative fuels, and for the names of the Senator from Kansas ginia (Mr. ROCKEFELLER) was added as other purposes. (Mr. BROWNBACK) and the Senator from a cosponsor of S. 3115, a bill to extend S. 2601 Colorado (Mr. ALLARD) were added as the term of the Chesapeake and Ohio At the request of Mr. ASHCROFT, the cosponsors of S. 2986, a bill to limit the Canal National Historic Park Commis- name of the Senator from Georgia (Mr. issuance of regulations relating to Fed- sion.

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S. 3137 striking ‘‘December 31, 2000’’ and inserting study of the utility and feasibility of various At the request of Mr. GRAMS, his ‘‘December 31, 2002’’. options for improving the management and name was added as a cosponsor of S. SEC. 502. ROLE OF DIRECTOR OF CENTRAL IN- organization of measurement and signature 3137, a bill to establish a commission to TELLIGENCE IN EXPERIMENTAL intelligence, including— PERSONNEL PROGRAM FOR CER- (1) the option of establishing a centralized commemorate the 250th anniversary of TAIN SCIENTIFIC AND TECHNICAL tasking, processing, exploitation, and dis- the birth of James Madison. PERSONNEL. semination facility for measurement and sig- At the request of Mr. SESSIONS, the If the Director of Central Intelligence re- nature intelligence; name of the Senator from Oklahoma quests that the Secretary of Defense exercise (2) options for recapitalizing and reconfig- (Mr. NICKLES) was added as a cosponsor any authority available to the Secretary uring the current systems for measurement of S. 3137, supra. under section 1101(b) of the Strom Thurmond and signature intelligence; and National Defense Authorization Act for Fis- (3) the operation and maintenance costs of S. CON. RES. 111 cal Year 1999 (Public Law 105–261; 5 U.S.C. the various options. At the request of Mr. NICKLES, the 3104 note) to carry out a program of special (b) REPORT.—Not later than April 1, 2001, names of the Senator from New Jersey personnel management authority at the Na- the Director and the Secretary shall jointly (Mr. TORRICELLI) and the Senator from tional Imagery and Mapping Agency and the submit to the appropriate committees of Kentucky (Mr. MCCONNELL) were added National Security Agency in order to facili- Congress a report on their findings as a re- as cosponsors of S. Con. Res. 111, a con- tate recruitment of eminent experts in sult of the study required by subsection (a). science and engineering at such agencies, the The report shall set forth any recommenda- current resolution expressing the sense Secretary shall respond to such request not of the Congress regarding ensuring a tions that the Director and the Secretary later than 30 days after the date of such re- consider appropriate. competitive North American market quest. (c) APPROPRIATE COMMITTEES OF CONGRESS for softwood lumber. SEC. 503. PROHIBITION ON TRANSFER OF IM- DEFINED.—In this section, the term ‘‘appro- S. CON. RES. 140 AGERY ANALYSTS FROM GENERAL priate committees of Congress’’ means the DEFENSE INTELLIGENCE PROGRAM At the request of Mr. LOTT, the name following: TO NATIONAL IMAGERY AND MAP- (1) The Committee on Armed Services and of the Senator from Delaware (Mr. PING AGENCY PROGRAM. the Select Committee on Intelligence of the ROTH) was added as a cosponsor of S. (a) PROHIBITION ON USE OF FUNDS FOR Senate. TRANSFER.—No funds authorized to be appro- Con. Res. 140, a concurrent resolution (2) The Committee on Armed Services and priated by this Act may be transferred from expressing the sense of Congress re- the Permanent Select Committee on Intel- the General Defense Intelligence Program to garding high-level visits by Taiwanese ligence of the House of Representatives. officials to the United States. the National Imagery and Mapping Agency Program for purposes of transferring im- S. RES. 292 agery analysis personnel from the General SPECTER AMENDMENT NO. 4281 At the request of Mr. CLELAND, the Defense Intelligence Program to the Na- Mr. LOTT (for Mr. SPECTER) proposed names of the Senator from Nebraska tional Imagery and Mapping Agency Pro- an amendment to the bill (S. 2507) (Mr. KERREY), the Senator from Wis- gram. supra; as follows: (b) ROLE OF DIRECTOR OF NIMA AS FUNC- consin (Mr. KOHL), the Senator from At the end of the bill, add the following: Michigan (Mr. LEVIN), the Senator TIONAL MANAGER FOR IMAGERY AND GEOSPACIAL PROGRAMS.—(1) The Secretary of TITLE VI—COUNTERINTELLIGENCE from New York (Mr. MOYNIHAN), and Defense shall, in consultation with the Di- MATTERS the Senator from New York (Mr. SCHU- rector of Central Intelligence, review options SEC. 601. SHORT TITLE. MER) were added as cosponsors of S. for strengthening the role of the Director of This title may be cited as the ‘‘Counter- Res. 292, a resolution recognizing the the National Imagery and Mapping Agency intelligence Reform Act of 2000’’. 20th century as the ‘‘Century of Women as the functional manager for United States SEC. 602. ORDERS FOR ELECTRONIC SURVEIL- in the United States.’’ imagery and geospacial programs. LANCE UNDER THE FOREIGN INTEL- S. RES. 359 (2) Not later than March 15, 2001, the Sec- LIGENCE SURVEILLANCE ACT OF retary shall submit to the appropriate com- 1978. At the request of Mr. SCHUMER, the mittees of Congress a report on the review (a) REQUIREMENTS REGARDING CERTAIN AP- names of the Senator from Maine (Ms. required by subsection (b). The report shall PLICATIONS.—Section 104 of the Foreign In- COLLINS) and the Senator from Hawaii include any recommendations regarding telligence Surveillance Act of 1978 (50 U.S.C. (Mr. AKAKA) were added as cosponsors modifications in the role and duties of the 1804) is amended by adding at the end the fol- of S. Res. 359, a resolution designating Director of the National Imagery and Map- lowing new subsection: October 16, 2000, to October 20, 2000 as ping Agency that the Secretary considers ap- ‘‘(e)(1)(A) Upon written request of the Di- ‘‘National Teach For America Week.’’ propriate in light of the review. rector of the Federal Bureau of Investiga- (3) In this subsection, the term ‘‘appro- tion, the Secretary of Defense, the Secretary f priate committees of Congress’’ means the of State, or the Director of Central Intel- AMENDMENTS SUBMITTED following: ligence, the Attorney General shall person- (A) The Committee on Armed Services and ally review under subsection (a) an applica- the Select Committee on Intelligence of the tion under that subsection for a target de- INTELLIGENCE AUTHORIZATION Senate. scribed in section 101(b)(2). ACT FOR FISCAL YEAR 2001 (B) The Committee on Armed Services and ‘‘(B) Except when disabled or otherwise un- the Permanent Select Committee on Intel- available to make a request referred to in ligence of the House of Representatives. subparagraph (A), an official referred to in that subparagraph may not delegate the au- WARNER AMENDMENT NO. 4280 SEC. 504. PROHIBITION ON TRANSFER OF COL- LECTION MANAGEMENT PERSONNEL thority to make a request referred to in that Mr. LOTT (for Mr. WARNER) proposed FROM GENERAL DEFENSE INTEL- subparagraph. an amendment to the bill (S. 2507) to LIGENCE PROGRAM TO COMMUNITY ‘‘(C) Each official referred to in subpara- authorize appropriations for fiscal year MANAGEMENT ACCOUNT. graph (A) with authority to make a request No funds authorized to be appropriated by 2001 for intelligence and intelligence- under that subparagraph shall take appro- this Act may be transferred from the Gen- priate actions in advance to ensure that del- related activities of the United States eral Defense Intelligence Program to the egation of such authority is clearly estab- Government, the Community Manage- Community Management Account for pur- lished in the event such official is disabled or ment Account, and the Central Intel- poses of transferring intelligence collection otherwise unavailable to make such request. ligence Agency Retirement and Dis- management personnel. ‘‘(2)(A) If as a result of a request under ability System, and for other purposes; SEC. 505. AUTHORIZED PERSONNEL CEILING FOR paragraph (1) the Attorney General deter- as follows: GENERAL DEFENSE INTELLIGENCE mines not to approve an application under PROGRAM. the second sentence of subsection (a) for pur- On page 27, strike line 3 and all that fol- The authorized personnel ceiling for the poses of making the application under this lows through page 37, line 3, and insert the General Defense Intelligence Program speci- section, the Attorney General shall provide following: fied in the classified Schedule of Authoriza- written notice of the determination to the TITLE V—DEPARTMENT OF DEFENSE INTEL- tions referred to in section 102 is hereby in- official making the request for the review of LIGENCE ACTIVITIES creased by 2,152 positions. SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY the application under that paragraph. Except TO ENGAGE IN COMMERCIAL AC- SEC. 506. MEASUREMENT AND SIGNATURE INTEL- when disabled or otherwise unavailable to TIVITIES AS SECURITY FOR INTEL- LIGENCE. make a determination under the preceding LIGENCE COLLECTION ACTIVITIES. (a) STUDY OF OPTIONS.—The Director of sentence, the Attorney General may not del- Section 431(a) of title 10, United States Central Intelligence shall, in coordination egate the responsibility to make a deter- Code, is amended in the second sentence by with the Secretary of Defense, conduct a mination under that sentence. The Attorney

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9614 CONGRESSIONAL RECORD — SENATE October 2, 2000 General shall take appropriate actions in ad- when disabled or otherwise unavailable to (A) The Select Committee on Intelligence vance to ensure that delegation of such re- make a determination under the preceding and the Committee on the Judiciary of the sponsibility is clearly established in the sentence, the Attorney General may not del- Senate. event the Attorney General is disabled or egate the responsibility to make a deter- (B) The Permanent Select Committee on otherwise unavailable to make such deter- mination under that sentence. The Attorney Intelligence and the Committee on the Judi- mination. General shall take appropriate actions in ad- ciary of the House of Representatives. ‘‘(B) Notice with respect to an application vance to ensure that delegation of such re- SEC. 605. COORDINATION OF COUNTERINTEL- under subparagraph (A) shall set forth the sponsibility is clearly established in the LIGENCE WITH THE FEDERAL BU- modifications, if any, of the application that event the Attorney General is disabled or REAU OF INVESTIGATION. are necessary in order for the Attorney Gen- otherwise unavailable to make such deter- (a) TREATMENT OF CERTAIN SUBJECTS OF IN- eral to approve the application under the mination. VESTIGATION.—Subsection (c) of section 811 of second sentence of subsection (a) for pur- ‘‘(B) Notice with respect to an application the Intelligence Authorization Act for Fiscal poses of making the application under this under subparagraph (A) shall set forth the Year 1995 (50 U.S.C. 402a) is amended— section. modifications, if any, of the application that (1) in paragraphs (1) and (2), by striking ‘‘(C) Upon review of any modifications of are necessary in order for the Attorney Gen- ‘‘paragraph (3)’’ and inserting ‘‘paragraph an application set forth under subparagraph eral to approve the application under the (5)’’; (B), the official notified of the modifications second sentence of subsection (a) for pur- (2) by redesignating paragraphs (3), (4), (5), under this paragraph shall modify the appli- poses of making the application under this and (6) as paragraphs (5), (6), (7), and (8), re- cation if such official determines that such section. spectively; modification is warranted. Such official ‘‘(C) Upon review of any modifications of (3) by inserting after paragraph (2) the fol- shall supervise the making of any modifica- an application set forth under subparagraph lowing new paragraph (3): tion under this subparagraph. Except when (B), the official notified of the modifications ‘‘(3)(A) The Director of the Federal Bureau disabled or otherwise unavailable to super- under this paragraph shall modify the appli- of Investigation shall submit to the head of vise the making of any modification under cation if such official determines that such the department or agency concerned a writ- the preceding sentence, such official may not modification is warranted. Such official ten assessment of the potential impact of the delegate the responsibility to supervise the shall supervise the making of any modifica- actions of the department or agency on a making of any modification under that pre- tion under this subparagraph. Except when counterintelligence investigation. ceding sentence. Each such official shall disabled or otherwise unavailable to super- ‘‘(B) The head of the department or agency take appropriate actions in advance to en- vise the making of any modification under concerned shall— sure that delegation of such responsibility is the preceding sentence, such official may not ‘‘(i) use an assessment under subparagraph clearly established in the event such official delegate the responsibility to supervise the (A) as an aid in determining whether, and is disabled or otherwise unavailable to super- making of any modification under that pre- under what circumstances, the subject of an vise the making of such modification.’’. ceding sentence. Each such official shall investigation under paragraph (1) should be (b) PROBABLE CAUSE.—Section 105 of that take appropriate actions in advance to en- left in place for investigative purposes; and Act (50 U.S.C. 1805) is amended— sure that delegation of such responsibility is ‘‘(ii) notify in writing the Director of the (1) by redesignating subsections (b), (c), clearly established in the event such official Federal Bureau of Investigation of such de- (d), (e), (f), and (g) as subsections (c), (d), (e), is disabled or otherwise unavailable to super- termination. (f), (g), and (h), respectively; vise the making of such modification.’’. ‘‘(C) The Director of the Federal Bureau of (2) by inserting after subsection (a) the fol- (b) PROBABLE CAUSE.—Section 304 of that Investigation and the head of the depart- lowing new subsection (b): Act (50 U.S.C. 1824) is amended— ment or agency concerned shall continue to ‘‘(b) In determining whether or not prob- (1) by redesignating subsections (b), (c), consult, as appropriate, to review the status able cause exists for purposes of an order (d), and (e) as subsections (c), (d), (e), and (f), of an investigation covered by this para- under subsection (a)(3), a judge may consider respectively; and graph and to reassess, as appropriate, a de- past activities of the target, as well as facts (2) by inserting after subsection (a) the fol- termination of the head of the department or and circumstances relating to current or fu- lowing new subsection (b): agency concerned to leave a subject in place ture activities of the target.’’; and ‘‘(b) In determining whether or not prob- for investigative purposes.’’; and (3) in subsection (d), as redesignated by able cause exists for purposes of an order (4) in paragraph (5), as so redesignated, by paragraph (1), by striking ‘‘subsection (b)(1)’’ under subsection (a)(3), a judge may consider striking ‘‘paragraph (1) or (2)’’ and inserting and inserting ‘‘subsection (c)(1)’’. past activities of the target, as well as facts ‘‘paragraph (1), (2), or (3)’’. SEC. 603. ORDERS FOR PHYSICAL SEARCHES and circumstances relating to current or fu- (b) TIMELY PROVISION OF INFORMATION AND UNDER THE FOREIGN INTEL- ture activities of the target.’’. CONSULTATION ON ESPIONAGE INVESTIGA- LIGENCE SURVEILLANCE ACT OF SEC. 604. DISCLOSURE OF INFORMATION AC- TIONS.—Paragraph (2) of that subsection is 1978. QUIRED UNDER THE FOREIGN IN- further amended— (a) REQUIREMENTS REGARDING CERTAIN AP- TELLIGENCE SURVEILLANCE ACT OF (1) by inserting ‘‘in a timely manner’’ after PLICATIONS.—Section 303 of the Foreign In- 1978 FOR LAW ENFORCEMENT PUR- ‘‘through appropriate channels’’; and telligence Surveillance Act of 1978 (50 U.S.C. POSES. (2) by inserting ‘‘in a timely manner’’ after 1823) is amended by adding at the end the fol- (a) INCLUSION OF INFORMATION ON DISCLO- ‘‘are consulted’’. lowing new subsection: SURE IN SEMIANNUAL OVERSIGHT REPORT.— (c) INTERFERENCE WITH FULL FIELD ESPIO- ‘‘(d)(1)(A) Upon written request of the Di- Section 108(a) of the Foreign Intelligence NAGE INVESTIGATIONS.—That subsection is rector of the Federal Bureau of Investiga- Surveillance Act of 1978 (50 U.S.C. 1808(a)) is further amended by inserting after para- tion, the Secretary of Defense, the Secretary amended— graph (3), as amended by subsection (a) of of State, or the Director of Central Intel- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and this section, the following new paragraph (4): ligence, the Attorney General shall person- (2) by adding at the end the following new ‘‘(4)(A) The Federal Bureau of Investiga- ally review under subsection (a) an applica- paragraph: tion shall notify appropriate officials within tion under that subsection for a target de- ‘‘(2) Each report under the first sentence of the executive branch, including the head of scribed in section 101(b)(2). paragraph (1) shall include a description of— the department or agency concerned, of the ‘‘(B) Except when disabled or otherwise un- ‘‘(A) each criminal case in which informa- commencement of a full field espionage in- available to make a request referred to in tion acquired under this Act has been passed vestigation with respect to an employee subparagraph (A), an official referred to in for law enforcement purposes during the pe- within the executive branch. that subparagraph may not delegate the au- riod covered by such report; and ‘‘(B)(i) A department or agency may not thority to make a request referred to in that ‘‘(B) each criminal case in which informa- conduct a polygraph examination, interro- subparagraph. tion acquired under this Act has been au- gate, or otherwise take any action that is ‘‘(C) Each official referred to in subpara- thorized for use at trial during such report- likely to alert an employee covered by a no- graph (A) with authority to make a request ing period.’’. tice under subparagraph (A) of an investiga- under that subparagraph shall take appro- (b) REPORT ON MECHANISMS FOR DETER- tion described in that subparagraph without priate actions in advance to ensure that del- MINATIONS OF DISCLOSURE OF INFORMATION prior coordination with the Federal Bureau egation of such authority is clearly estab- FOR LAW ENFORCEMENT PURPOSES.—(1) The of Investigation. lished in the event such official is disabled or Attorney General shall submit to the appro- ‘‘(ii) Any examination, interrogation, or otherwise unavailable to make such request. priate committees of Congress a report on other action taken under clause (i) shall be ‘‘(2)(A) If as a result of a request under the authorities and procedures utilized by taken in consultation with the Federal Bu- paragraph (1) the Attorney General deter- the Department of Justice for determining reau of Investigation.’’. mines not to approve an application under whether or not to disclose information ac- SEC. 606. ENHANCING PROTECTION OF NA- the second sentence of subsection (a) for pur- quired under the Foreign Intelligence Sur- TIONAL SECURITY AT THE DEPART- poses of making the application under this veillance Act of 1978 (50 U.S.C. 1801 et seq.) MENT OF JUSTICE. section, the Attorney General shall provide for law enforcement purposes. (a) AUTHORIZATION FOR INCREASED RE- written notice of the determination to the (2) In this subsection, the term ‘‘appro- SOURCES TO FULFILL NATIONAL SECURITY official making the request for the review of priate committees of Congress’’ means the MISSION OF THE DEPARTMENT OF JUSTICE.— the application under that paragraph. Except following: There are authorized to be appropriated to

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the Department of Justice for the activities ‘‘COORDINATION REQUIREMENTS RELATING TO (1) IN GENERAL.—Not later than 60 days of the Office of Intelligence Policy and Re- THE PROSECUTION OF CASES INVOLVING CLAS- after the date of the enactment of this Act, view to help meet the increased personnel SIFIED INFORMATION the President shall establish the Japanese demands to combat terrorism, process appli- ‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The Imperial Army Records Interagency Working cations to the Foreign Intelligence Surveil- Assistant Attorney General for the Criminal Group, which shall remain in existence for 3 lance Court, participate effectively in Division and the appropriate United States years after the date the Interagency Group is counter-espionage investigations, provide Attorney, or the designees of such officials, established. policy analysis on national security issues, shall provide briefings to the senior agency (2) MEMBERSHIP.—The President shall ap- and enhance secure computer and tele- official, or the designee of such official, with point to the Interagency Group individuals communications facilities— respect to any case involving classified infor- whom the President determines will most (1) $7,000,000 for fiscal year 2001; mation that originated in the agency of such completely and effectively carry out the (2) $7,500,000 for fiscal year 2002; and senior agency official. functions of the Interagency Group within (3) $8,000,000 for fiscal year 2003. ‘‘(b) TIMING OF BRIEFINGS.—Briefings under the time limitations provided in this section, (b) AVAILABILITY OF FUNDS.—(1) No funds subsection (a) with respect to a case shall including the Historian of the Department of authorized to be appropriated by subsection occur— State, the Archivist of the United States, (a) for the Office of Intelligence Policy and the head of any other agency the President Review may be obligated or expended until ‘‘(1) as soon as practicable after the De- partment of Justice and the United States considers appropriate, and no more than 3 the later of the dates on which the Attorney other persons. The head of an agency ap- General submits the reports required by Attorney concerned determine that a pros- ecution or potential prosecution could re- pointed by the President may designate an paragraphs (2) and (3). appropriate officer to serve on the Inter- (2)(A) The Attorney General shall submit sult; and agency Group in lieu of the head of such to the committees of Congress specified in ‘‘(2) at such other times thereafter as are agency. subparagraph (B) a report on the manner in necessary to keep the senior agency official (3) INITIAL MEETING.—Not later than 90 which the funds authorized to be appro- concerned fully and currently informed of days after the date of the enactment of this priated by subsection (a) for the Office of In- the status of the prosecution. Act, the Interagency Group shall hold an ini- telligence Policy and Review will be used by ‘‘(c) SENIOR AGENCY OFFICIAL DEFINED.—In tial meeting and begin the functions re- that Office— this section, the term ‘senior agency official’ quired under this section. (i) to improve and strengthen its oversight has the meaning given that term in section 1.1 of Executive Order No. 12958.’’. (c) FUNCTIONS.—Not later than 1 year after of Federal Bureau of Investigation field of- the date of the enactment of this Act, the fices in the implementation of orders under SEC. 608. SEVERABILITY. Interagency Group shall, to the greatest ex- the Foreign Intelligence Surveillance Act of If any provision of this title (including an tent possible consistent with section 603— 1978 (50 U.S.C. 1801 et seq.); and amendment made by this title), or the appli- (1) locate, identify, inventory, recommend (ii) to streamline and increase the effi- cation thereof, to any person or cir- for declassification, and make available to ciency of the application process under that cumstance, is held invalid, the remainder of the public at the National Archives and Act. this title (including the amendments made Records Administration, all classified Japa- (B) The committees of Congress referred to by this title), and the application thereof, to nese Imperial Army records of the United in this subparagraph are the following: other persons or circumstances shall not be States; (i) The Select Committee on Intelligence affected thereby. (2) coordinate with agencies and take such and the Committee on the Judiciary of the actions as necessary to expedite the release Senate. FEINSTEIN AMENDMENT NO. 4282 of such records to the public; and (ii) The Permanent Select Committee on (3) submit a report to Congress, including Intelligence and the Committee on the Judi- Mr. BRYAN (for Mrs. FEINSTEIN) pro- the Committee on Government Reform and ciary of the House of Representatives. posed an amendment to the bill, S. Oversight of the House of Representatives, (3) In addition to the report required by 2507, supra; as follows: paragraph (2), the Attorney General shall the Select Committee on Intelligence of the also submit to the Select Committee on In- On page 37, after line 3, add the following: Senate, the Permanent Select Committee on telligence of the Senate and the Permanent TITLE VI—DISCLOSURE OF INFORMATION Intelligence of the House of Representatives, Select Committee on Intelligence of the ON JAPANESE IMPERIAL ARMY and the Committee on the Judiciary of the Senate, describing all such records, the dis- House of Representatives a report that ad- SEC. 601. SHORT TITLE. position of such records, and the activities of dresses the issues identified in the semi- This title may be cited as the ‘‘Japanese the Interagency Group and agencies under annual report of the Attorney General to Imperial Army Disclosure Act’’. such committees under section 108(a) of the this section. SEC. 602. ESTABLISHMENT OF JAPANESE IMPE- Foreign Intelligence Surveillance Act of 1978 (d) FUNDING.—There is authorized to be ap- RIAL ARMY RECORDS INTERAGENCY propriated such sum as may be necessary to (50 U.S.C. 1808(a)) that was submitted in WORKING GROUP. April 2000, including any corrective actions carry out the provisions of this title. (a) DEFINITIONS.—In this section: SEC. 603. REQUIREMENT OF DISCLOSURE OF with regard to such issues. The report under (1) AGENCY.—The term ‘‘agency’’ has the this paragraph shall be submitted in classi- RECORDS. meaning given such term under section 551 of (a) RELEASE OF RECORDS.—Subject to sub- fied form. title 5, United States Code. (4) Funds made available pursuant to sub- sections (b), (c), and (d), the Japanese Impe- (2) INTERAGENCY GROUP.—The term ‘‘Inter- section (a), in any fiscal year, shall remain rial Army Records Interagency Working agency Group’’ means the Japanese Imperial Group shall release in their entirety Japa- available until expended. Army Records Interagency Working Group (c) REPORT ON COORDINATING NATIONAL SE- nese Imperial Army records. established under subsection (b). (b) EXCEPTION FOR PRIVACY.—An agency CURITY AND INTELLIGENCE FUNCTIONS WITHIN (3) JAPANESE IMPERIAL ARMY RECORDS.— head may exempt from release under sub- THE DEPARTMENT OF JUSTICE.—The Attorney section (a) specific information, that would— General shall report to the Select Com- The term ‘‘Japanese Imperial Army records’’ mittee on Intelligence and the Committee on means classified records or portions of (1) constitute a clearly unwarranted inva- the Judiciary of the Senate and the Perma- records that pertain to any person with re- sion of personal privacy; nent Select Committee on Intelligence and spect to whom the United States Govern- (2) reveal the identity of a confidential the Committee on the Judiciary of the House ment, in its sole discretion, has grounds to human source, or reveal information about of Representatives within 120 days on actions believe ordered, incited, assisted, or other- the application of an intelligence source or that have been or will be taken by the De- wise participated in the experimentation and method, or reveal the identity of a human partment to— persecution of any person because of race, re- intelligence source when the unauthorized (1) promote quick and efficient responses ligion, national origin, or political option, disclosure of that source would clearly and to national security issues; during the period beginning September 18, demonstrably damage the national security (2) centralize a point-of-contact within the 1931, and ending on December 31, 1948, under interests of the United States; Department on national security matters for the direction of, or in association with— (3) reveal information that would assist in external entities and agencies; and (A) the Japanese Imperial Army; the development or use of weapons of mass (3) coordinate the dissemination of intel- (B) any government in any area occupied destruction; ligence information within the appropriate by the military forces of the Japanese Impe- (4) reveal information that would impair components of the Department and the for- rial Army; United States cryptologic systems or activi- mulation of policy on national security (C) any government established with the ties; issues. assistance or cooperation of the Japanese (5) reveal information that would impair Imperial Army; or the application of state-of-the-art tech- SEC. 607. COORDINATION REQUIREMENTS RE- LATING TO THE PROSECUTION OF (D) any government which was an ally of nology within a United States weapon sys- CASES INVOLVING CLASSIFIED IN- the Imperial Army of Japan. tem; FORMATION. (4) RECORD.—The term ‘‘record’’ means a (6) reveal actual United States military The Classified Information Procedures Act Japanese Imperial Army record. war plans that remain in effect; (18 U.S.C. App.) is amended by inserting after (b) ESTABLISHMENT OF INTERAGENCY (7) reveal information that would seriously section 9 the following new section: GROUP.— and demonstrably impair relations between

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9616 CONGRESSIONAL RECORD — SENATE October 2, 2000 the United States and a foreign government, (1) It is in the national interest to estab- (B) one shall be appointed by the Majority or seriously and demonstrably undermine lish an effective, coordinated, and cost-effec- Leader of the Senate; ongoing diplomatic activities of the United tive means by which records on specific sub- (C) one shall be appointed by the Minority States; jects of extraordinary public interest that do Leader of the Senate; (8) reveal information that would clearly, not undermine the national security inter- (D) one shall be appointed by the Speaker and demonstrably impair the current ability ests of the United States may be collected, of the House of Representatives; and of United States Government officials to pro- retained, reviewed, and disseminated to Con- (E) one shall be appointed by the Minority tect the President, Vice President, and other gress, policymakers in the executive branch, Leader of the House of Representatives. officials for whom protection services are au- and the public. (2)(A) Of the members initially appointed thorized in the interest of national security; (2) Ensuring, through such measures, pub- to the Board, three shall be appointed for a (9) reveal information that would seriously lic access to information that does not re- term of four years, three shall be appointed and demonstrably impair current national quire continued protection to maintain the for a term of three years, and three shall be security emergency preparedness plans; or national security interests of the United appointed for a term of two years. (10) violate a treaty or other international States is a key to striking the balance be- (B) Any subsequent appointment to the agreement. tween secrecy essential to national security Board shall be for a term of three years. (c) APPLICATIONS OF EXEMPTIONS.— and the openness that is central to the prop- (3) A vacancy in the Board shall be filled in (1) IN GENERAL.—In applying the exemp- er functioning of the political institutions of the same manner as the original appoint- tions provided in paragraphs (2) through (10) the United States. ment. A member of the Board appointed to of subsection (b), there shall be a presump- SEC. 603. PUBLIC INTEREST DECLASSIFICATION fill a vacancy before the expiration of a term tion that the public interest will be served BOARD. shall serve for the remainder of the term. (4) A member of the Board may be ap- by disclosure and release of the records of (a) ESTABLISHMENT.—There is established pointed to a new term on the Board upon the the Japanese Imperial Army. The exemption within the executive branch of the United expiration of the member’s term on the may be asserted only when the head of the States a board to be known as the ‘‘Public Board, except that no member may serve agency that maintains the records deter- Interest Declassification Board’’ (in this more than three full terms on the Board. mines that disclosure and release would be title referred to as the ‘‘Board’’). (b) PURPOSES.—The purposes of the Board (d) CHAIRPERSON; EXECUTIVE SECRETARY.— harmful to a specific interest identified in (1)(A) The President shall designate one of the exemption. An agency head who makes are as follows: (1) To advise the President, the Assistant the members of the Board as the Chairperson such a determination shall promptly report of the Board. it to the committees of Congress with appro- to the President for National Security Af- fairs, the Director of the Office of Manage- (B) The term of service as Chairperson of priate jurisdiction, including the Committee the Board shall be two years. ment and Budget, and such other executive on the Judiciary and the Select Committee (C) A member serving as Chairperson of the branch officials as the Board considers ap- on Intelligence of the Senate and the Com- Board may be re-designated as Chairperson mittee on Government Reform and Oversight propriate on the systematic, thorough, co- of the Board upon the expiration of the mem- and the Permanent Select Committee on In- ordinated, and comprehensive identification, ber’s term as Chairperson of the Board, ex- telligence of the House of Representatives. collection, review for declassification, and cept that no member shall serve as Chair- release to Congress, interested agencies, and (2) APPLICATION OF TITLE 5.—A determina- person of the Board for more than six years. tion by an agency head to apply an exemp- the public of declassified records and mate- (2) The Director of the Information Secu- tion provided in paragraphs (2) through (9) of rials (including donated historical materials) rity Oversight Office shall serve as the Exec- subsection (b) shall be subject to the same that are of archival value, including records utive Secretary of the Board. standard of review that applies in the case of and materials of extraordinary public inter- (e) MEETINGS.—The Board shall meet as records withheld under section 552(b)(1) of est. needed to accomplish its mission, consistent title 5, United States Code. (2) To promote the fullest possible public with the availability of funds. A majority of (d) LIMITATION ON EXEMPTIONS.— access to a thorough, accurate, and reliable the members of the Board shall constitute a (1) IN GENERAL.—The exemptions set forth documentary record of significant United quorum. in subsection (b) shall constitute the only States national security decisions and sig- (f) STAFF.—Any employee of the Federal grounds pursuant to which an agency head nificant United States national security ac- Government may be detailed to the Board, may exempt records otherwise subject to re- tivities in order to— with the agreement of and without reim- lease under subsection (a). (A) support the oversight and legislative bursement to the detailing agency, and such (2) RECORDS RELATED TO INVESTIGATION OR functions of Congress; detail shall be without interruption or loss PROSECUTIONS.—This section shall not apply (B) support the policymaking role of the of civil, military, or foreign service status or to records— executive branch; privilege. (A) related to or supporting any active or (C) respond to the interest of the public in (g) SECURITY.—(1) The members and staff of inactive investigation, inquiry, or prosecu- national security matters; and the Board shall, as a condition of appoint- tion by the Office of Special Investigations (D) promote reliable historical analysis ment to or employment with the Board, hold of the Department of Justice; or and new avenues of historical study in na- appropriate security clearances for access to (B) solely in the possession, custody, or tional security matters. the classified records and materials to be re- control of the Office of Special Investiga- (3) To provide recommendations to the viewed by the Board or its staff, and shall tions. President for the identification, collection, follow the guidance and practices on security and review for declassification of informa- under applicable Executive Orders and agen- SEC. 604. EXPEDITED PROCESSING OF FOIA RE- cy directives. QUESTS FOR JAPANESE IMPERIAL tion of extraordinary public interest that ARMY RECORDS. does not undermine the national security of (2) The head of an agency shall, as a condi- tion of granting access to a member of the For purposes of expedited processing under the United States, to be undertaken in ac- Board, the Executive Secretary of the Board, section 552(a)(6)(E) of title 5, United States cordance with a declassification program or a member of the staff of the Board to clas- Code, any person who was persecuted in the that has been established or may be estab- sified records or materials of the agency manner described in section 602(a)(3) and who lished by the President by Executive Order. under this title, require the member, the Ex- requests a Japanese Imperial Army record (4) To advise the President, the Assistant ecutive Secretary, or the member of the shall be deemed to have a compelling need to the President for National Security Af- staff, as the case may be, to— for such record. fairs, the Director of the Office of Manage- ment and Budget, and such other executive (A) execute an agreement regarding the se- SEC. 605. EFFECTIVE DATE. branch officials as the Board considers ap- curity of such records or materials that is The provisions of this title shall take ef- propriate on policies deriving from the approved by the head of the agency; and fect on the date that is 90 days after the date issuance by the President of Executive Or- (B) hold an appropriate security clearance of the enactment of this Act. ders regarding the classification and declas- granted or recognized under the standard sification of national security information. procedures and eligibility criteria of the MOYNIHAN AMENDMENT NO. 4283 (c) MEMBERSHIP.—(1) The Board shall be agency, including any special access ap- composed of nine individuals appointed from proval required for access to such records or Mr. BRYAN (for Mr. MOYNIHAN) pro- among citizens of the United States who are materials. posed an amendment to the bill (S. preeminent in the fields of history, national (3) The members of the Board, the Execu- 2507) supra; as follows: security, foreign policy, intelligence policy, tive Secretary of the Board, and the mem- On page 37, after line 3, add the following: social science, law, or archives, including in- bers of the staff of the Board may not use TITLE VI—DECLASSIFICATION OF dividuals who have served in Congress or any information acquired in the course of INFORMATION otherwise in the Federal Government or their official activities on the Board for non- have otherwise engaged in research, scholar- official purposes. SEC. 601. SHORT TITLE. ship, or publication in such fields on matters (4) For purposes of any law or regulation This title may be cited as the ‘‘Public In- relating to the national security of the governing access to classified information terest Declassification Act of 2000’’. United States, of whom— that pertains to the national security of the SEC. 602. FINDINGS. (A) five shall be appointed by the Presi- United States, and subject to any limita- Congress makes the following findings: dent; tions on access arising under section 606(b),

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9617 and to facilitate the advisory functions of fiscal years. Agency briefings and reports head of an agency to classify information or the Board under this title, a member of the shall give particular attention to progress on to continue the classification of information Board seeking access to a record or material the declassification of records and materials previously classified by an agency. under this title shall be deemed for purposes that are of archival value or extraordinary (b) SPECIAL ACCESS PROGRAMS.—Nothing in of this subsection to have a need to know the public interest to the people of the United this title shall be construed to limit the au- contents of the record or material. States. thority of the head of an agency to grant or (h) COMPENSATION.—(1) Each member of the (2)(A) The annual briefing and report under deny access to a special access program. Board shall receive compensation at a rate paragraph (1) for agencies within the Depart- (c) AUTHORITIES OF DIRECTOR OF CENTRAL not to exceed the daily equivalent of the an- ment of Defense, including the military de- INTELLIGENCE.—Nothing in this title shall be nual rate of basic pay payable for positions partments, and the elements of the intel- construed to limit the authorities of the Di- at ES–1 of the Senior Executive Service ligence community shall be provided on a rector of Central Intelligence as the head of under section 5382 of title 5, United States consolidated basis. the intelligence community, including the Code, for each day such member is engaged (B) In this paragraph, the term ‘‘elements Director’s responsibility to protect intel- in the actual performance of duties of the of the intelligence community’’ means the ligence sources and methods from unauthor- Board. elements of the intelligence community ized disclosure as required by section (2) Members of the Board shall be allowed specified or designated under section 3(4) of 103(c)(6) of the National Security Act of 1947 travel expenses, including per diem in lieu of the National Security Act of 1947 (50 U.S.C. (50 U.S.C. 403–3(c)(6)). 401a(4)). subsistence at rates authorized for employ- (d) EXEMPTIONS TO RELEASE OF INFORMA- (b) RECOMMENDATIONS ON AGENCY DECLAS- ees of agencies under subchapter of chapter TION.—Nothing in this title shall be con- SIFICATION PROGRAMS.—(1) Upon reviewing 57 of title 5, United States Code, while away and discussing declassification plans and strued to limit any exemption or exception from their homes or regular places of busi- progress with an agency, the Board shall pro- to the release to the public under this title ness in the performance of the duties of the vide to the head of the agency the written of information that is protected under sec- Board. recommendations of the Board as to how the tion 552(b) of title 5, United States Code (i) GUIDANCE; ANNUAL BUDGET.—(1) On be- agency’s declassification program could be (commonly referred to as the ‘‘Freedom of half of the President, the Assistant to the improved. A copy of each recommendation Information Act’’), or section 552a of title 5, President for National Security Affairs shall shall also be submitted to the Assistant to United States Code (commonly referred to as provide guidance on policy to the Board. the President for National Security Affairs the ‘‘Privacy Act’’). (2) The Executive Secretary of the Board, and the Director of the Office of Manage- (e) WITHHOLDING INFORMATION FROM CON- under the direction of the Chairperson of the ment and Budget. GRESS.—Nothing in this title shall be con- Board and the Board, and acting in consulta- (2) Consistent with the provisions of sec- strued to authorize the withholding of infor- tion with the Archivist of the United States, tion 603(k), the Board’s recommendations to mation from Congress. the Assistant to the President for National the head of an agency under paragraph (1) SEC. 606. STANDARDS AND PROCEDURES. Security Affairs, and the Director of the Of- shall become public 60 days after such rec- (a) LIAISON.—(1) The head of each agency fice of Management and Budget, shall pre- ommendations are sent to the head of the with the authority under an Executive Order pare the annual budget of the Board. agency under that paragraph. to classify information and the head of each (j) SUPPORT.—The Information Security (c) RECOMMENDATIONS ON SPECIAL Federal Presidential library shall designate Oversight Office may support the activities SEARCHES FOR RECORDS OF EXTRAORDINARY an employee of such agency or library, as the of the Board under this title. Such support PUBLIC INTEREST.—(1) The Board shall also case may be, to act as liaison to the Board shall be provided on a reimbursable basis. make recommendations to the President re- for purposes of this title. (k) PUBLIC AVAILABILITY OF RECORDS AND garding proposed initiatives to identify, col- (2) The Board may establish liaison and REPORTS.—(1) The Board shall make avail- lect, and review for declassification classi- otherwise consult with such other historical able for public inspection records of its pro- fied records and materials of extraordinary and advisory committees as the Board con- ceedings and reports prepared in the course public interest. siders appropriate for purposes of this title. of its activities under this title to the extent (2) In making recommendations under (b) LIMITATIONS ON ACCESS.—(1)(A) Except such records and reports are not classified paragraph (1), the Board shall consider the as provided in paragraph (2), if the head of an and would not be exempt from release under following: agency or the head of a Federal Presidential the provisions of section 552 of title 5, United (A) The opinions and requests of Members library determines it necessary to deny or States Code. of Congress, including opinions and requests (2) In making records and reports available restrict access of the Board, or of the agency expressed or embodied in letters or legisla- or library liaison to the Board, to informa- under paragraph (1), the Board shall coordi- tive proposals. nate the release of such records and reports tion contained in a record or material, in (B) The opinions and requests of the Na- whole or in part, the head of the agency or with appropriate officials from agencies with tional Security Council, the Director of Cen- expertise in classified information in order the head of the library, as the case may be, tral Intelligence, and the heads of other shall promptly notify the Board in writing of to ensure that such records and reports do agencies. not inadvertently contain classified informa- such determination. (C) The opinions of United States citizens. (B) Each notice to the Board under sub- tion. (D) The opinions of members of the Board. (l) APPLICABILITY OF CERTAIN ADMINISTRA- paragraph (A) shall include a description of (E) The impact of special searches on sys- the nature of the records or materials, and a TIVE LAWS.—The provisions of the Federal tematic and all other on-going declassifica- Advisory Committee Act (5 U.S.C. App.) justification for the determination, covered tion programs. by such notice. shall not apply to the activities of the Board (F) The costs (including budgetary costs) under this title. However, the records of the (2) In the case of a determination referred and the impact that complying with the rec- to in paragraph (1) with respect to a special Board shall be governed by the provisions of ommendations would have on agency budg- the Federal Records Act of 1950. access program created by the Secretary of ets, programs, and operations. Defense, the Director of Central Intelligence, SEC. 604. IDENTIFICATION, COLLECTION, AND (G) The benefits of the recommendations. REVIEW FOR DECLASSIFICATION OF or the head of any other agency, the notifi- (H) The impact of compliance with the rec- cation of denial of access under paragraph INFORMATION OF ARCHIVAL VALUE ommendations on the national security of OR EXTRAORDINARY PUBLIC INTER- (1), including a description of the nature of the United States. EST. the Board’s request for access, shall be sub- (d) PRESIDENT’S DECLASSIFICATION PRIOR- (a) BRIEFINGS ON AGENCY DECLASSIFICATION mitted to the Assistant to the President for ITIES.—(1) Concurrent with the submission to PROGRAMS.—(1) As requested by the Board, National Security Affairs rather than to the Congress of the budget of the President each or by the Select Committee on Intelligence Board. fiscal year under section 1105 of title 31, of the Senate or the Permanent Select Com- ISCRETION TO DISCLOSE.—At the con- United States Code, the Director of the Of- (c) D mittee on Intelligence of the House of Rep- fice of Management and Budget shall publish clusion of a declassification review, the head resentatives, the head of any agency with a description of the President’s declassifica- of an agency may, in the discretion of the the authority under an Executive Order to tion program and priorities, together with a head of the agency, determine that the classify information shall provide to the listing of the funds requested to implement public’s interest in the disclosure of records Board, the Select Committee on Intelligence that program. or materials of the agency covered by such of the Senate, or the Permanent Select Com- (2) Nothing in this title shall be construed review, and still properly classified, out- mittee on Intelligence of the House of Rep- to substitute or supersede, or establish a weighs the Government’s need to protect resentatives, on an annual basis, a summary funding process for, any declassification pro- such records or materials, and may release briefing and report on such agency’s progress gram that has been established or may be es- such records or materials in accordance with and plans in the declassification of national tablished by the President by Executive the provisions of Executive Order 12958 or security information. Such briefing shall Order. any successor order to such Executive Order. cover the declassification goals set by stat- SEC. 605. PROTECTION OF NATIONAL SECURITY (d) DISCRETION TO PROTECT.—At the con- ute, regulation, or policy, the agency’s INFORMATION AND OTHER INFOR- clusion of a declassification review, the head progress with respect to such goals, and the MATION. of an agency may, in the discretion of the agency’s planned goals and priorities for its (a) IN GENERAL.—Nothing in this title shall head of the agency, determine that the inter- declassification activities over the next two be construed to limit the authority of the est of the agency in the protection of records

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DESIGNATION OF DANIEL PATRICK weigh’s the public’s need for access to such (1) AGENCY.—(A) Except as provided in sub- MOYNIHAN PLACE. records or materials, and may deny release paragraph (B), the term ‘‘agency’’ means the (a) FINDINGS.—Congress finds that— of such records or materials in accordance following: (1) during the second half of the twentieth with the provisions of Executive Order 12958 (i) An executive agency, as that term is de- century, Senator Daniel Patrick Moynihan or any successor order to such Executive fined in section 105 of title 5, United States promoted the importance of architecture and Order. Code. urban planning in the Nation’s Capital, par- (e) REPORTS.—(1)(A) Except as provided in (ii) A military department, as that term is ticularly with respect to the portion of paragraph (2), the Board shall annually sub- defined in section 102 of such title. Pennsylvania Avenue between the White mit to the appropriate congressional com- (iii) Any other entity in the executive House and the United States Capitol (re- mittees a report on the activities of the branch that comes into the possession of ferred to in this subsection as the ‘‘Ave- Board under this title, including summary classified information. nue’’); information regarding any denials by the (B) The term does not include the Board. (2) Senator Moynihan has stressed the head of an agency or the head of a Federal (2) CLASSIFIED MATERIAL OR RECORD.—The unique significance of the Avenue as con- Presidential library of access of the Board to terms ‘‘classified material’’ and ‘‘classified ceived by Pierre Charles L’Enfant to be the records or materials under this title. record’’ include any correspondence, memo- ‘‘grand axis’’ of the Nation’s Capital as well (B) In this paragraph, the term ‘‘appro- randum, book, plan, map, drawing, diagram, as a symbolic representation of the separate priate congressional committees’’ means the pictorial or graphic work, photograph, film, yet unified branches of the United States Select Committee on Intelligence and the microfilm, sound recording, videotape, ma- Government; Committee on Governmental Affairs of the chine readable records, and other documen- (3) through his service to the Ad Hoc Com- Senate and the Permanent Select Committee tary material, regardless of physical form or mittee on Federal Office Space (1961–1962), as on Intelligence and the Committee on Gov- characteristics, that has been determined a member of the President’s Council on ernment Reform and Oversight of the House pursuant to Executive Order to require pro- Pennsylvania Avenue (1962–1964), and as vice- of Representatives. tection against unauthorized disclosure in chairman of the President’s Temporary Com- (2) Notwithstanding paragraph (1), notice the interests of the national security of the mission on Pennsylvania Avenue (1965–1969), that the Board has been denied access to United States. and in his various capacities in the executive records and materials, and a justification for (3) DECLASSIFICATION.—The term ‘‘declas- and legislative branches, Senator Moynihan the determination in support of the denial, sification’’ means the process by which has consistently and creatively sought to shall be submitted by the agency denying records or materials that have been classi- fulfill President Kennedy’s recommendation the access as follows: fied are determined no longer to require pro- of June 1, 1962, that the Avenue not become (A) In the case of the denial of access to a tection from unauthorized disclosure to pro- a ‘‘solid phalanx of public and private office special access program created by the Sec- tect the national security of the United buildings which close down completely at retary of Defense, to the Committees on States. night and on weekends,’’ but that it be ‘‘live- Armed Services and Appropriations of the (4) DONATED HISTORICAL MATERIAL.—The ly, friendly, and inviting, as well as dignified Senate and to the Committees on Armed term ‘‘donated historical material’’ means and impressive’’; Services and Appropriations of the House of collections of personal papers donated or (4)(A) Senator Moynihan helped draft a given to a Federal Presidential library or Representatives. Federal architectural policy, known as the other archival repository under a deed of gift (B) In the case of the denial of access to a ‘‘Guiding Principles for Federal Architec- or otherwise. special access program created by the Direc- ture,’’ that recommends a choice of designs (5) FEDERAL PRESIDENTIAL LIBRARY.—The tor of Central Intelligence, or by the head of that are ‘‘efficient and economical’’ and that term ‘‘Federal Presidential library’’ means a any other agency (including the Department provide ‘‘visual testimony to the dignity, en- library operated and maintained by the of Defense) if the special access program per- terprise, vigor, and stability’’ of the United United States Government through the Na- tains to intelligence activities, or of access States Government; and tional Archives and Records Administration to any information and materials relating to (B) the Guiding Principles for Federal Ar- under the applicable provisions of chapter 21 intelligence sources and methods, to the Se- chitecture further state that the ‘‘develop- of title 44, United States Code. lect Committee on Intelligence of the Senate ment of an official style must be avoided. (6) NATIONAL SECURITY.—The term ‘‘na- and the Permanent Select Committee on In- Design must flow from the architectural pro- tional security’’ means the national defense telligence of the House of Representatives. fession to the Government, and not vice or foreign relations of the United States. (C) In the case of the denial of access to a versa.’’; (7) RECORDS OR MATERIALS OF EXTRAOR- special access program created by the Sec- (5) Senator Moynihan has encouraged— DINARY PUBLIC INTEREST.—The term ‘‘records retary of Energy or the Administrator for (A) the construction of new buildings along or materials of extraordinary public inter- Nuclear Security, to the Committees on the Avenue, such as the Ronald Reagan est’’ means records or materials that— Armed Services and Appropriations and the Building and International Trade Center; (A) demonstrate and record the national Select Committee on Intelligence of the Sen- and security policies, actions, and decisions of ate and to the Committees on Armed Serv- (B) the establishment of an academic insti- the United States, including— ices and Appropriations and the Permanent tution along the Avenue, namely the Wood- (i) policies, events, actions, and decisions Select Committee on Intelligence of the row Wilson International Center for Schol- which led to significant national security House of Representatives. ars, a living memorial to President Wilson; outcomes; and and SEC. 607. JUDICIAL REVIEW. (ii) the development and evolution of sig- Nothing in this title limits the protection (6) as Senator Moynihan’s service in the nificant United States national security Senate concludes, it is appropriate to com- afforded to any information under any other policies, actions, and decisions; provision of law. This title is not intended memorate his legacy of public service and (B) will provide a significantly different his commitment to thoughtful urban design and may not be construed to create any perspective in general from records and ma- right or benefit, substantive or procedural, in the Nation’s Capital. terials publicly available in other historical (b) DESIGNATION.—The parcel of land lo- enforceable at law against the United States, sources; and cated in the northwest quadrant of Wash- its agencies, its officers, or its employees. (C) would need to be addressed through ad ington, District of Columbia, and described This title does not modify in any way the hoc record searches outside any systematic in subsection (c) shall be known and des- substantive criteria or procedures for the declassification program established under ignated as ‘‘Daniel Patrick Moynihan classification of information, nor does this Executive Order. Place’’. title create any right or benefit subject to (8) RECORDS OF ARCHIVAL VALUE.—The term (c) BOUNDARIES.—The parcel of land de- judicial review. ‘‘records of archival value’’ means records scribed in this subsection is the portion of SEC. 608. FUNDING. that have been determined by the Archivist Woodrow Wilson Plaza (as designated by (a) AUTHORIZATION OF APPROPRIATIONS.— of the United States to have sufficient his- Public Law 103–284 (108 Stat. 1448)) that is There is hereby authorized to be appro- torical or other value to warrant their con- bounded— priated to carry out the provisions of this tinued preservation by the Federal Govern- (1) on the west by the eastern facade of the title amounts as follows: ment. Ronald Reagan Building and International (1) For fiscal year 2001, $650,000. SEC. 610. SUNSET. Trade Center; (2) For each fiscal year after fiscal year The provisions of this title shall expire (2) on the east by the western facade of the 2001, such sums as may be necessary for such four years after the date of the enactment of Ariel Rios Building; fiscal year. this Act, unless reauthorized by statute. (3) on the north by the southern edge of the (b) FUNDING REQUESTS.—The President sidewalk abutting Pennsylvania Avenue; and shall include in the budget submitted to Con- KERREY AMENDMENT NO. 4284 (4) on the south by the line that, bisecting gress for each fiscal year under section 1105 the atrium of the Ronald Reagan Building of title 31, United States Code, a request for Mr. BRYAN (for Mr. KERREY) pro- and International Trade Center, continues amounts for the activities of the Board posed an amendment to the bill, S. east to bisect the western hemicycle of the under this title during such fiscal year. 2507, supra; as follows: Ariel Rios Building.

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(d) REFERENCES.—Any reference in a law, the United States relating to unaccounted compliance of such element with such direc- map, regulation, document, paper, or other for United States personnel. tives’’. record of the United States to the parcel of ‘‘(2) The analytic capability maintained land described in subsection (c) shall be under paragraph (1) shall be known as the SMALL BUSINESS INNOVATION RE- deemed to be a reference to Daniel Patrick ‘POW/MIA analytic capability of the intel- SEARCH PROGRAM REAUTHOR- Moynihan Place. ligence community’. ‘‘(b) SCOPE OF RESPONSIBILITY.—The re- IZATION ACT OF 2000 SHELBY AMENDMENT NO. 4285 sponsibilities of the analytic capability maintained under subsection (a) shall— Mr. LOTT (for Mr. SHELBY) proposed ‘‘(1) extend to any activities of the Federal BOND (AND KERRY) AMENDMENT an amendment to the bill, S. 2507. Government with respect to unaccounted for NO. 4286 supra; as follows: United States personnel after December 31, Mr. KYL (for Mr. BOND (for himself 1999; and On page 10, strike line 11 and all that fol- and Mr. KERRY)) proposed an amend- ‘‘(2) include support for any department or lows through page 12, line 2, and insert the ment to the House amendment to the following: agency of the Federal Government engaged in such activities. Senate amendment to the bill (H.R. ‘‘(a) PROHIBITION.—Whoever, being an offi- 2392) to amend the Small Business Act cer or employee of the United States, a ‘‘(c) UNACCOUNTED FOR UNITED STATES PER- former or retired officer or employee of the SONNEL DEFINED.—In this section, the term to extend the authorization for the United States, any other person with author- ‘unaccounted for United States personnel’ Small Business Innovation Research ized access to classified information, or any means the following: Program, and for other purposes; as other person formerly with authorized access ‘‘(1) Any missing person (as that term is follows: defined in section 1513(1) of title 10, United to classified information, knowingly and Strike all after the enacting clause and in- willfully discloses, or attempts to disclose, States Code). ‘‘(2) Any United States national who was sert the following: any classified information acquired as a re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. sult of such person’s authorized access to killed while engaged in activities on behalf (a) SHORT TITLE.—This Act may be cited as classified information to a person (other of the United States Government and whose the ‘‘Small Business Reauthorization Act of than an officer or employee of the United remains have not been repatriated to the 2000’’. States) who is not authorized access to such United States.’’. On page 14, beginning on line 11, strike (b) TABLE OF CONTENTS.—The table of con- classified information, knowing that the per- ‘‘acting at their direction’’. tents for this Act is as follows: son is not authorized access to such classi- On page 14, line 13, insert ‘‘, and at the di- fied information, shall be fined under this Sec. 1. Short title; table of contents. rection of,’’ after ‘‘on behalf of’’. title, imprisoned not more than 3 years, or TITLE I—SMALL BUSINESS INNOVATION On page 14, line 16, strike ‘‘AUTHORIZED AC- both. RESEARCH PROGRAM TIVITIES.—An activity’’ and insert ‘‘AUTHOR- ‘‘(b) CONSTRUCTION OF PROHIBITION.—Noth- IZED INTELLIGENCE ACTIVITIES.—An intel- Sec. 101. Short title. ing in this section shall be construed to es- ligence activity’’. Sec. 102. Findings. tablish criminal liability for disclosure of On page 14, line 18, insert ‘‘intelligence’’ Sec. 103. Extension of SBIR program. classified information in accordance with ap- before ‘‘activity’’. Sec. 104. Annual report. plicable law to the following: On page 15, beginning on line 9, strike ‘‘, Sec. 105. Third phase assistance. ‘‘(1) Any justice or judge of a court of the and all applicable Executive Orders,’’. Sec. 106. Report on programs for annual per- United States established pursuant to article On page 15, line 11, strike ‘‘materials’’ and formance plan. III of the Constitution of the United States. insert ‘‘material’’. Sec. 107. Output and outcome data. ‘‘(2) The Senate or House of Representa- On page 15, line 15, strike ‘‘and Executive Sec. 108. National Research Council reports. tives, or any committee or subcommittee Orders’’. Sec. 109. Federal agency expenditures for thereof, or joint committee thereof, or any On page 15, line 18, strike ‘‘or Executive the SBIR program. member of Congress. Order’’. Sec. 110. Policy directive modifications. ‘‘(3) A person or persons acting on behalf of On page 15, line 22, strike ‘‘or Executive Sec. 111. Federal and State technology part- a foreign power (including an international Order’’. nership program. organization) if the disclosure— On page 15, strike line 25 and all that fol- Sec. 112. Mentoring networks. ‘‘(A) is made by an officer or employee of lows through page 16, line 16, and insert the Sec. 113. Simplified reporting requirements. the United States who has been authorized following: Sec. 114. Rural outreach program extension. to make the disclosure; and (d) EFFECTS OF CERTIFICATION OF NON-FULL TITLE II—GENERAL BUSINESS LOAN ‘‘(B) is within the scope of such officer’s or COMPLIANCE.—(1) Subject to subsection (e), PROGRAM employee’s duties. effective as of January 1, 2001, a covered ele- Sec. 201. Short title. ‘‘(4) Any other person authorized to receive ment of the Department of State Sec. 202. Levels of participation. the classified information. On page 16, line 20, strike ‘‘and Executive Sec. 203. Loan amounts. ‘‘(c) DEFINITIONS.—In this section: Orders’’. Sec. 204. Interest on defaulted loans. ‘‘(1) The term ‘authorized’, in the case of On page 16, strike lines 22 and 23 and insert Sec. 205. Prepayment of loans. access to classified information, means hav- the following: Sec. 206. Guarantee fees. ing authority or permission to have access to (2) If the prohibition in paragraph (1) takes Sec. 207. Lease terms. the classified information pursuant to the effect in accordance with that paragraph, the Sec. 208. Microloan program. provisions of a statute, Executive Order, reg- prohibition TITLE III—CERTIFIED DEVELOPMENT ulation, or directive of the head of any de- On page 17, beginning on line 1, strike ‘‘and COMPANY PROGRAM partment or agency who is empowered to Executive Orders’’. classify information, an order of any United On page 17, strike line 3 and insert the fol- Sec. 301. Short title. States court, or a provision of any Resolu- lowing: Sec. 302. Women-owned businesses. tion of the Senate or Rule of the House of (e) WAIVER BY DIRECTOR OF CENTRAL INTEL- Sec. 303. Maximum debenture size. Representatives which governs release of LIGENCE.—(1) The Director of Central Intel- Sec. 304. Fees. classified information by such House of Con- ligence may Sec. 305. Premier certified lenders program. gress. On page 17, beginning on line 4, strike Sec. 306. Sale of certain defaulted loans. ‘‘(2) The term ‘classified information’ ‘‘subsection (d)(2)’’ and insert ‘‘subsection Sec. 307. Loan liquidation. means information or material properly (d)’’. TITLE IV—CORRECTIONS TO THE SMALL classified and clearly marked or represented, On page 17, line 6, strike ‘‘the President’’ BUSINESS INVESTMENT ACT OF 1958 or that the person knows or has reason to be- and insert ‘‘the Director’’. Sec. 401. Short title. lieve has been properly classified by appro- On page 17, line 9, strike ‘‘The President’’ Sec. 402. Definitions. priate authorities, pursuant to the provi- and insert ‘‘The Director’’. Sec. 403. Investment in small business in- sions of a statute or Executive Order, as re- On page 17, between lines 17 and 18, insert vestment companies. quiring protection against unauthorized dis- the following: Sec. 404. Subsidy fees. closure for reasons of national security. (C) The actions, if any, that will be taken Sec. 405. Distributions. On page 12, strike line 21 and all that fol- to bring such element into full compliance Sec. 406. Conforming amendment. lows through page 13, line 16, and insert the with the directives referred to in subsection following: (a), including a schedule for completion of TITLE V—REAUTHORIZATION OF SMALL ‘‘SEC. 115. (a) REQUIREMENT.—(1) The Direc- such actions. BUSINESS PROGRAMS tor of Central Intelligence shall, in consulta- On page 17, line 18, strike ‘‘(C) The actions Sec. 501. Short title. tion with the Secretary of Defense, establish taken by the President’’ and insert ‘‘(D) The Sec. 502. Reauthorization of small business and maintain in the intelligence community actions taken by the Director’’. programs. an analytic capability with responsibility for On page 17, line 20, insert before the period Sec. 503. Additional reauthorizations. intelligence in support of the activities of the following: ‘‘pending achievement of full Sec. 504. Cosponsorship.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0655 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9620 CONGRESSIONAL RECORD — SENATE October 2, 2000 TITLE VI—HUBZONE PROGRAM ‘‘and the Committee on Small Business of ministrator, in consultation with Federal Subtitle A—HUBZones in Native America the House of Representatives’’ and inserting agencies required to have an SBIR program Sec. 601. Short title. ‘‘, and to the Committee on Science and the pursuant to subsection (f)(1), shall develop Sec. 602. HUBZone small business concern. Committee on Small Business of the House and maintain a database to be used solely for Sec. 603. Qualified HUBZone small business of Representatives,’’. SBIR program evaluation that— concern. SEC. 105. THIRD PHASE ASSISTANCE. ‘‘(A) contains for each second phase award Sec. 604. Other definitions. Section 9(e)(4)(C)(i) of the Small Business made by a Federal agency— Subtitle B—Other HUBZone Provisions Act (15 U.S.C. 638(e)(4)(C)(i)) is amended by ‘‘(i) information collected in accordance with paragraph (3) on revenue from the sale Sec. 611. Definitions. striking ‘‘; and’’ and inserting ‘‘; or’’. of new products or services resulting from Sec. 612. Eligible contracts. SEC. 106. REPORT ON PROGRAMS FOR ANNUAL Sec. 613. HUBZone redesignated areas. PERFORMANCE PLAN. the research conducted under the award; Sec. 614. Community development. Section 9(g) of the Small Business Act (15 ‘‘(ii) information collected in accordance Sec. 615. Reference corrections. U.S.C. 638(g)) is amended— with paragraph (3) on additional investment TITLE VII—NATIONAL WOMEN’S (1) in paragraph (7), by striking ‘‘and’’ at from any source, other than first phase or BUSINESS COUNCIL REAUTHORIZATION the end; second phase SBIR or STTR awards, to fur- ther the research and development con- Sec. 701. Short title. (2) in paragraph (8), by striking the period ducted under the award; and Sec. 702. Duties of the Council. at the end and inserting a semicolon; and Sec. 703. Membership of the Council. (3) by adding at the end the following: ‘‘(iii) any other information received in Sec. 704. Repeal of procurement project; ‘‘(9) include, as part of its annual perform- connection with the award that the Adminis- State and local economic net- ance plan as required by subsections (a) and trator, in conjunction with the SBIR pro- works. (b) of section 1115 of title 31, United States gram managers of Federal agencies, con- siders relevant and appropriate; Sec. 705. Studies and other research. Code, a section on its SBIR program, and ‘‘(B) includes any narrative information Sec. 706. Authorization of appropriations. shall submit such section to the Committee that a small business concern receiving a TITLE VIII—MISCELLANEOUS on Small Business of the Senate, and the second phase award voluntarily submits to PROVISIONS Committee on Science and the Committee on further describe the outputs and outcomes of Small Business of the House of Representa- Sec. 801. Loan application processing. its awards; Sec. 802. Application of ownership require- tives; and’’. ‘‘(C) includes for each applicant for a first ments. SEC. 107. OUTPUT AND OUTCOME DATA. Sec. 803. Subcontracting preference for vet- phase or second phase award that does not (a) COLLECTION.—Section 9(g) of the Small receive such an award— erans. Business Act (15 U.S.C. 638(g)), as amended Sec. 804. Small business development center ‘‘(i) the name, size, and location, and an by section 106 of this Act, is further amended identifying number assigned by the Adminis- program funding. by adding at the end the following: Sec. 805. Surety bonds. tration; ‘‘(10) collect, and maintain in a common Sec. 806. Size standards. ‘‘(ii) an abstract of the project; and Sec. 807. Native American small business de- format in accordance with subsection (v), ‘‘(iii) the Federal agency to which the ap- velopment centers. such information from awardees as is nec- plication was made; essary to assess the SBIR program, including ‘‘(D) includes any other data collected by TITLE I—SMALL BUSINESS INNOVATION information necessary to maintain the data- RESEARCH PROGRAM or available to any Federal agency that such base described in subsection (k).’’. agency considers may be useful for SBIR pro- SECTION 101. SHORT TITLE. (b) REPORT TO CONGRESS.—Section 9(b)(7) gram evaluation; and (a) SHORT TITLE.—This title may be cited of the Small Business Act (15 U.S.C. ‘‘(E) is available for use solely for program as the ‘‘Small Business Innovation Research 638(b)(7)), as amended by section 104 of this evaluation purposes by the Federal Govern- Program Reauthorization Act of 2000’’. Act, is further amended by inserting before ment or, in accordance with policy directives SEC. 102. FINDINGS. the period at the end ‘‘, including the data issued by the Administration, by other au- Congress finds that— on output and outcomes collected pursuant thorized persons who are subject to a use and (1) the small business innovation research to subsections (g)(10) and (o)(9), and a de- nondisclosure agreement with the Federal program established under the Small Busi- scription of the extent to which Federal Government covering the use of the data- ness Innovation Development Act of 1982, agencies are providing in a timely manner base. and reauthorized by the Small Business Re- information needed to maintain the database ‘‘(3) UPDATING INFORMATION FOR DATA- search and Development Enhancement Act described in subsection (k)’’. BASE.— of 1992 (in this Act referred to as the ‘‘SBIR (c) DATABASE.—Section 9(k) of the Small ‘‘(A) IN GENERAL.—A small business con- program’’) is highly successful in involving Business Act (15 U.S.C. 638(k)) is amended to cern applying for a second phase award under small businesses in federally funded research read as follows: this section shall be required to update infor- and development; ‘‘(k) DATABASE.— mation in the database established under (2) the SBIR program made the cost-effec- ‘‘(1) PUBLIC DATABASE.—Not later than 180 this subsection for any prior second phase tive and unique research and development days after the date of enactment of the award received by that small business con- capabilities possessed by the small busi- Small Business Innovation Research Pro- cern. In complying with this paragraph, a nesses of the Nation available to Federal gram Reauthorization Act of 2000, the Ad- small business concern may apportion sales agencies and departments; ministrator shall develop, maintain, and or additional investment information relat- (3) the innovative goods and services devel- make available to the public a searchable, ing to more than one second phase award oped by small businesses that participated in up-to-date, electronic database that in- among those awards, if it notes the appor- the SBIR program have produced innova- cludes— tionment for each award. tions of critical importance in a wide variety ‘‘(A) the name, size, location, and an iden- ‘‘(B) ANNUAL UPDATES UPON TERMINATION.— of high-technology fields, including biology, tifying number assigned by the Adminis- A small business concern receiving a second medicine, education, and defense; trator, of each small business concern that phase award under this section shall— (4) the SBIR program is a catalyst in the has received a first phase or second phase ‘‘(i) update information in the database promotion of research and development, the SBIR award from a Federal agency; concerning that award at the termination of commercialization of innovative technology, ‘‘(B) a description of each first phase or the award period; and the development of new products and serv- second phase SBIR award received by that ‘‘(ii) be requested to voluntarily update ices, and the continued excellence of this Na- small business concern, including— such information annually thereafter for a tion’s high-technology industries; and ‘‘(i) an abstract of the project funded by period of 5 years. (5) the continuation of the SBIR program the award, excluding any proprietary infor- ‘‘(4) PROTECTION OF INFORMATION.—Infor- will provide expanded opportunities for one mation so identified by the small business mation provided under paragraph (2) shall be of the Nation’s vital resources, its small concern; considered privileged and confidential and businesses, will foster invention, research, ‘‘(ii) the Federal agency making the award; not subject to disclosure pursuant to section and technology, will create jobs, and will in- and 552 of title 5, United States Code. crease this Nation’s competitiveness in ‘‘(iii) the date and amount of the award; ‘‘(5) RULE OF CONSTRUCTION.—Inclusion of international markets. ‘‘(C) an identification of any business con- information in the database under this sub- SEC. 103. EXTENSION OF SBIR PROGRAM. cern or subsidiary established for the com- section shall not be considered to be publica- Section 9(m) of the Small Business Act (15 mercial application of a product or service tion for purposes of subsection (a) or (b) of U.S.C. 638(m)) is amended to read as follows: for which an SBIR award is made; and section 102 of title 35, United States Code.’’. ‘‘(m) TERMINATION.—The authorization to ‘‘(D) information regarding mentors and SEC. 108. NATIONAL RESEARCH COUNCIL RE- carry out the Small Business Innovation Re- Mentoring Networks, as required by section PORTS. search Program established under this sec- 35(d). (a) STUDY AND RECOMMENDATIONS.—The tion shall terminate on September 30, 2008.’’. ‘‘(2) GOVERNMENT DATABASE.—Not later head of each agency with a budget of more SEC. 104. ANNUAL REPORT. than 180 days after the date of enactment of than $50,000,000 for its SBIR program for fis- Section 9(b)(7) of the Small Business Act the Small Business Innovation Research Pro- cal year 1999, in consultation with the Small (15 U.S.C. 638(b)(7)) is amended by striking gram Reauthorization Act of 2000, the Ad- Business Administration, shall, not later

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9621 than 6 months after the date of enactment of terested parties, including entities, organiza- ‘‘(ii) the identity of the entity with which this Act, cooperatively enter into an agree- tions, and individuals actively engaged in the agency contracted to perform the re- ment with the National Academy of Sciences enhancing or developing the technological search, development, or production; and for the National Research Council to— capabilities of small business concerns. ‘‘(iii) a description of the type of funding (1) conduct a comprehensive study of how (c) PROGRESS REPORTS.—The National Re- agreement under which the research, devel- the SBIR program has stimulated techno- search Council shall provide semiannual opment, or production was obtained; and logical innovation and used small businesses progress reports on the study conducted ‘‘(D) to implement subsection (v), includ- to meet Federal research and development under this section to the Committee on ing establishing standardized procedures for needs, including— Science and the Committee on Small Busi- the provision of information pursuant to (A) a review of the value to the Federal re- ness of the House of Representatives, and to subsection (k)(3).’’. search agencies of the research projects the Committee on Small Business of the SEC. 111. FEDERAL AND STATE TECHNOLOGY being conducted under the SBIR program, Senate. PARTNERSHIP PROGRAM. and of the quality of research being con- (d) REPORT.—The National Research Coun- (a) FINDINGS.—Congress finds that— ducted by small businesses participating cil shall transmit to the heads of agencies (1) programs to foster economic develop- under the program, including a comparison entering into an agreement under this sec- ment among small high-technology firms of the value of projects conducted under the tion and to the Committee on Science and vary widely among the States; SBIR program to those funded by other Fed- the Committee on Small Business of the (2) States that do not aggressively support eral research and development expenditures; House of Representatives, and to the Com- the development of small high-technology (B) to the extent practicable, an evaluation mittee on Small Business of the Senate— firms, including participation by small busi- of the economic benefits achieved by the (1) not later than 3 years after the date of ness concerns in the SBIR program, are at a SBIR program, including the economic rate enactment of this Act, a report including the competitive disadvantage in establishing a of return, and a comparison of the economic results of the study conducted under sub- business climate that is conducive to tech- benefits, including the economic rate of re- nology development; and turn, achieved by the SBIR program with the section (a)(1) and recommendations made (3) building stronger national, State, and economic benefits, including the economic under subsection (a)(2); and local support for science and technology re- rate of return, of other Federal research and (2) not later than 6 years after that date of search in these disadvantaged States will ex- development expenditures; enactment, an update of such report. pand economic opportunities in the United (C) an evaluation of the noneconomic bene- SEC. 109. FEDERAL AGENCY EXPENDITURES FOR States, create jobs, and increase the com- fits achieved by the SBIR program over the THE SBIR PROGRAM. petitiveness of the United States in the life of the program; Section 9(i) of the Small Business Act (15 world market. (D) a comparison of the allocation for fis- U.S.C. 638(i)) is amended— (b) FEDERAL AND STATE TECHNOLOGY PART- cal year 2000 of Federal research and develop- (1) by striking ‘‘(i) Each Federal’’ and in- NERSHIP PROGRAM.—The Small Business Act ment funds to small businesses with such al- serting the following: (15 U.S.C. 631 et seq.) is amended— location for fiscal year 1983, and an analysis ‘‘(i) ANNUAL REPORTING.— of the factors that have contributed to such (1) by redesignating section 34 as section ‘‘(1) IN GENERAL.—Each Federal’’; and 37; and allocation; and (2) by adding at the end the following: (E) an analysis of whether Federal agen- (2) by inserting after section 33 the fol- ‘‘(2) CALCULATION OF EXTRAMURAL BUDG- lowing: cies, in fulfilling their procurement needs, ET.— ‘‘SEC. 34. FEDERAL AND STATE TECHNOLOGY are making sufficient effort to use small ‘‘(A) METHODOLOGY.—Not later than 4 PARTNERSHIP PROGRAM. businesses that have completed a second months after the date of enactment of each ‘‘(a) DEFINITIONS.—In this section and sec- phase award under the SBIR program; and appropriations Act for a Federal agency re- tion 35, the following definitions apply: (2) make recommendations with respect quired by this section to have an SBIR pro- ‘‘(1) APPLICANT.—The term ‘applicant’ to— gram, the Federal agency shall submit to the means an entity, organization, or individual (A) measures of outcomes for strategic Administrator a report, which shall include that submits a proposal for an award or a co- plans submitted under section 306 of title 5, a description of the methodology used for operative agreement under this section. United States Code, and performance plans calculating the amount of the extramural ‘‘(2) BUSINESS ADVICE AND COUNSELING.— submitted under section 1115 of title 31, budget of that Federal agency. United States Code, of each Federal agency The term ‘business advice and counseling’ ‘‘(B) ADMINISTRATOR’S ANALYSIS.—The Ad- means providing advice and assistance on participating in the SBIR program; ministrator shall include an analysis of the matters described in section 35(c)(2)(B) to (B) whether companies who can dem- methodology received from each Federal small business concerns to guide them onstrate project feasibility, but who have agency referred to in subparagraph (A) in the through the SBIR and STTR program proc- not received a first phase award, should be report required by subsection (b)(7).’’. eligible for second phase awards, and the po- ess, from application to award and successful tential impact of such awards on the com- SEC. 110. POLICY DIRECTIVE MODIFICATIONS. completion of each phase of the program. petitive selection process of the program; Section 9(j) of the Small Business Act (15 ‘‘(3) FAST PROGRAM.—The term ‘FAST pro- (C) whether the Federal Government U.S.C. 638(j)) is amended by adding at the gram’ means the Federal and State Tech- should be permitted to recoup some or all of end the following: nology Partnership Program established its expenses if a controlling interest in a ‘‘(3) ADDITIONAL MODIFICATIONS.—Not later under this section. company receiving an SBIR award is sold to than 120 days after the date of enactment of ‘‘(4) MENTOR.—The term ‘mentor’ means an a foreign company or to a company that is the Small Business Innovation Research Pro- individual described in section 35(c)(2). not a small business concern; gram Reauthorization Act of 2000, the Ad- ‘‘(5) MENTORING NETWORK.—The term ‘Men- (D) how to increase the use by the Federal ministrator shall modify the policy direc- toring Network’ means an association, orga- Government in its programs and procure- tives issued pursuant to this subsection— nization, coalition, or other entity (includ- ments of technology-oriented small busi- ‘‘(A) to clarify that the rights provided for ing an individual) that meets the require- nesses; and under paragraph (2)(A) apply to all Federal ments of section 35(c). (E) improvements to the SBIR program, if funding awards under this section, including ‘‘(6) RECIPIENT.—The term ‘recipient’ any are considered appropriate. the first phase (as described in subsection means a person that receives an award or be- (b) PARTICIPATION BY SMALL BUSINESS.— (e)(4)(A)), the second phase (as described in comes party to a cooperative agreement (1) IN GENERAL.—In a manner consistent subsection (e)(4)(B)), and the third phase (as under this section. with law and with National Research Council described in subsection (e)(4)(C)); ‘‘(7) SBIR PROGRAM.—The term ‘SBIR pro- study guidelines and procedures, knowledge- ‘‘(B) to provide for the requirement of a gram’ has the same meaning as in section able individuals from the small business succinct commercialization plan with each 9(e)(4). community with experience in the SBIR pro- application for a second phase award that is ‘‘(8) STATE.—The term ‘State’ means each gram shall be included— moving toward commercialization; of the several States, the District of Colum- (A) in any panel established by the Na- ‘‘(C) to require agencies to report to the bia, the Commonwealth of Puerto Rico, the tional Research Council for the purpose of Administration, not less frequently than an- Virgin Islands, Guam, and American Samoa. performing the study conducted under this nually, all instances in which an agency pur- ‘‘(9) STTR PROGRAM.—The term ‘STTR pro- section; and sued research, development, or production of gram’ has the same meaning as in section (B) among those who are asked by the Na- a technology developed by a small business 9(e)(6). tional Research Council to peer review the concern using an award made under the ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Ad- study. SBIR program of that agency, and deter- ministrator shall establish a program to be (2) CONSULTATION.—To ensure that the con- mined that it was not practicable to enter known as the Federal and State Technology cerns of small business are appropriately into a follow-on non-SBIR program funding Partnership Program, the purpose of which considered under this subsection, the Na- agreement with the small business concern, shall be to strengthen the technological tional Research Council shall consult with which report shall include, at a minimum— competitiveness of small business concerns and consider the views of the Office of Tech- ‘‘(i) the reasons why the follow-on funding in the States. nology and the Office of Advocacy of the agreement with the small business concern ‘‘(c) GRANTS AND COOPERATIVE AGREE- Small Business Administration and other in- was not practicable; MENTS.—

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‘‘(1) JOINT REVIEW.—In carrying out the ‘‘(iv) whether the proposal integrates and ‘‘(D) RANKINGS.—For purposes of subpara- FAST program under this section, the Ad- coordinates the proposed activities with graph (A), the Administrator shall reevalu- ministrator and the SBIR program managers other State and local programs assisting ate the ranking of a State once every 2 fiscal at the National Science Foundation and the small high-technology firms in the State; years, beginning with fiscal year 2001, based Department of Defense shall jointly review and on the most recent statistics compiled by proposals submitted by applicants and may ‘‘(v) the manner in which the applicant the Administrator. make awards or enter into cooperative will measure the results of the activities to ‘‘(3) DURATION.—Awards may be made or agreements under this section based on the be conducted. cooperative agreements entered into under factors for consideration set forth in para- ‘‘(3) PROPOSAL LIMIT.—Not more than 1 pro- this section for multiple years, not to exceed graph (2), in order to enhance or develop in posal may be submitted for inclusion in the 5 years in total. a State— FAST program under this section to provide ‘‘(f) REPORTS.— ‘‘(A) technology research and development services in any one State in any 1 fiscal year. ‘‘(1) INITIAL REPORT.—Not later than 120 by small business concerns; ‘‘(4) PROCESS.—Proposals and applications days after the date of enactment of the ‘‘(B) technology transfer from university for assistance under this section shall be in Small Business Innovation Research Pro- research to technology-based small business such form and subject to such procedures as gram Reauthorization Act of 2000, the Ad- concerns; the Administrator shall establish. ministrator shall prepare and submit to the ‘‘(d) COOPERATION AND COORDINATION.—In ‘‘(C) technology deployment and diffusion Committee on Small Business of the Senate carrying out the FAST program under this benefiting small business concerns; and the Committee on Science and the Com- section, the Administrator shall cooperate mittee on Small Business of the House of ‘‘(D) the technological capabilities of small and coordinate with— business concerns through the establishment Representatives a report, which shall in- ‘‘(1) Federal agencies required by section 9 clude, with respect to the FAST program, in- or operation of consortia comprised of enti- to have an SBIR program; and cluding Mentoring Networks— ties, organizations, or individuals, includ- ‘‘(2) entities, organizations, and individuals ‘‘(A) a description of the structure and pro- ing— actively engaged in enhancing or developing cedures of the program; ‘‘(i) State and local development agencies the technological capabilities of small busi- ‘‘(B) a management plan for the program; and entities; ness concerns, including— and ‘‘(ii) representatives of technology-based ‘‘(A) State and local development agencies ‘‘(C) a description of the merit-based re- small business concerns; and entities; view process to be used in the program. ‘‘(iii) industries and emerging companies; ‘‘(B) State committees established under ‘‘(2) ANNUAL REPORTS.—The Administrator ‘‘(iv) universities; and the Experimental Program to Stimulate shall submit an annual report to the Com- ‘‘(v) small business development centers; Competitive Research of the National mittee on Small Business of the Senate and and Science Foundation (as established under ‘‘(E) outreach, financial support, and tech- section 113 of the National Science Founda- the Committee on Science and the Com- nical assistance to technology-based small tion Authorization Act of 1988 (42 U.S.C. mittee on Small Business of the House of business concerns participating in or inter- 1862g)); Representatives regarding— ested in participating in an SBIR program, ‘‘(C) State science and technology coun- ‘‘(A) the number and amount of awards including initiatives— cils; and provided and cooperative agreements entered ‘‘(i) to make grants or loans to companies ‘‘(D) representatives of technology-based into under the FAST program during the to pay a portion or all of the cost of devel- small business concerns. preceding year; oping SBIR proposals; ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— ‘‘(B) a list of recipients under this section, ‘‘(ii) to establish or operate a Mentoring ‘‘(1) COMPETITIVE BASIS.—Awards and coop- including their location and the activities Network within the FAST program to pro- erative agreements under this section shall being performed with the awards made or vide business advice and counseling that will be made or entered into, as applicable, on a under the cooperative agreements entered assist small business concerns that have competitive basis. into; and been identified by FAST program partici- ‘‘(2) MATCHING REQUIREMENTS.— ‘‘(C) the Mentoring Networks and the men- pants, program managers of participating ‘‘(A) IN GENERAL.—The non-Federal share toring database, as provided for under sec- SBIR agencies, the Administration, or other of the cost of an activity (other than a plan- tion 35, including— entities that are knowledgeable about the ning activity) carried out using an award or ‘‘(i) the status of the inclusion of men- SBIR and STTR programs as good candidates under a cooperative agreement under this toring information in the database required for the SBIR and STTR programs, and that section shall be— by section 9(k); and would benefit from mentoring, in accordance ‘‘(i) 50 cents for each Federal dollar, in the ‘‘(ii) the status of the implementation and with section 35; case of a recipient that will serve small busi- description of the usage of the Mentoring ‘‘(iii) to create or participate in a training ness concerns located in one of the 18 States Networks. program for individuals providing SBIR out- receiving the fewest SBIR first phase awards ‘‘(g) REVIEWS BY INSPECTOR GENERAL.— reach and assistance at the State and local (as described in section 9(e)(4)(A)); ‘‘(1) IN GENERAL.—The Inspector General of levels; and ‘‘(ii) except as provided in subparagraph the Administration shall conduct a review ‘‘(iv) to encourage the commercialization (B), 1 dollar for each Federal dollar, in the of— of technology developed through SBIR pro- case of a recipient that will serve small busi- ‘‘(A) the extent to which recipients under gram funding. ness concerns located in one of the 16 States the FAST program are measuring the per- ‘‘(2) SELECTION CONSIDERATIONS.—In mak- receiving the greatest number of such SBIR formance of the activities being conducted ing awards or entering into cooperative first phase awards; and and the results of such measurements; and agreements under this section, the Adminis- ‘‘(iii) except as provided in subparagraph ‘‘(B) the overall management and effective- trator and the SBIR program managers re- (B), 75 cents for each Federal dollar, in the ness of the FAST program. ferred to in paragraph (1)— case of a recipient that will serve small busi- ‘‘(2) REPORT.—During the first quarter of ‘‘(A) may only consider proposals by appli- ness concerns located in a State that is not fiscal year 2004, the Inspector General of the cants that intend to use a portion of the Fed- described in clause (i) or (ii) that is receiving Administration shall submit a report to the eral assistance provided under this section to such SBIR first phase awards. Committee on Small Business of the Senate provide outreach, financial support, or tech- ‘‘(B) LOW-INCOME AREAS.—The non-Federal and the Committee on Science and the Com- nical assistance to technology-based small share of the cost of the activity carried out mittee on Small Business of the House of business concerns participating in or inter- using an award or under a cooperative agree- Representatives on the review conducted ested in participating in the SBIR program; ment under this section shall be 50 cents for under paragraph (1). and each Federal dollar that will be directly allo- ‘‘(h) PROGRAM LEVELS.— ‘‘(B) shall consider, at a minimum— cated by a recipient described in subpara- ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(i) whether the applicant has dem- graph (A) to serve small business concerns appropriated to carry out the FAST pro- onstrated that the assistance to be provided located in a qualified census tract, as that gram, including Mentoring Networks, under would address unmet needs of small business term is defined in section 42(d)(5)(C)(ii) of the this section and section 35, $10,000,000 for concerns in the community, and whether it Internal Revenue Code of 1986. Federal dol- each of fiscal years 2001 through 2005. is important to use Federal funding for the lars not so allocated by that recipient shall ‘‘(2) MENTORING DATABASE.—Of the total proposed activities; be subject to the matching requirements of amount made available under paragraph (1) ‘‘(ii) whether the applicant has dem- subparagraph (A). for fiscal years 2001 through 2005, a reason- onstrated that a need exists to increase the ‘‘(C) TYPES OF FUNDING.—The non-Federal able amount, not to exceed a total of number or success of small high-technology share of the cost of an activity carried out $500,000, may be used by the Administration businesses in the State, as measured by the by a recipient shall be comprised of not less to carry out section 35(d). number of first phase and second phase SBIR than 50 percent cash and not more than 50 ‘‘(i) TERMINATION.—The authority to carry awards that have historically been received percent of indirect costs and in-kind con- out the FAST program under this section by small business concerns in the State; tributions, except that no such costs or con- shall terminate on September 30, 2005.’’. ‘‘(iii) whether the projected costs of the tributions may be derived from funds from (c) COORDINATION OF TECHNOLOGY DEVELOP- proposed activities are reasonable; any other Federal program. MENT PROGRAMS.—Section 9 of the Small

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9623 Business Act (15 U.S.C. 638) is amended by companies regarding the SBIR and STTR thorization Act of 1997 (15 U.S.C. 638 note; 111 adding at the end the following: programs as an effective and low-cost way to Stat. 2622) is amended by striking ‘‘2001’’ and ‘‘(u) COORDINATION OF TECHNOLOGY DEVEL- improve the likelihood that such companies inserting ‘‘2005’’. OPMENT PROGRAMS.— will succeed in such programs in developing (b) EXTENSION OF AUTHORIZATION OF APPRO- ‘‘(1) DEFINITION OF TECHNOLOGY DEVELOP- and commercializing their research. PRIATIONS.—Section 9(s)(2) of the Small Busi- MENT PROGRAM.—In this subsection, the term ‘‘(b) AUTHORIZATION FOR MENTORING NET- ness Act (15 U.S.C. 638(s)(2)) is amended by ‘technology development program’ means— WORKS.—The recipient of an award or partici- striking ‘‘for fiscal year 1998, 1999, 2000, or ‘‘(A) the Experimental Program to Stimu- pant in a cooperative agreement under sec- 2001’’ and inserting ‘‘for each of the fiscal late Competitive Research of the National tion 34 may use a reasonable amount of such years 2000 through 2005,’’. Science Foundation, as established under assistance for the establishment of a Men- TITLE II—GENERAL BUSINESS LOAN section 113 of the National Science Founda- toring Network under this section. PROGRAM ‘‘(c) CRITERIA FOR MENTORING NETWORKS.— tion Authorization Act of 1988 (42 U.S.C. SEC. 201. SHORT TITLE. 1862g); A Mentoring Network established using as- This title may be cited as the ‘‘Small Busi- ‘‘(B) the Defense Experimental Program to sistance under section 34 shall— ness General Business Loan Improvement Stimulate Competitive Research of the De- ‘‘(1) provide business advice and counseling Act of 2000’’. to high technology small business concerns partment of Defense; SEC. 202. LEVELS OF PARTICIPATION. located in the State or region served by the ‘‘(C) the Experimental Program to Stimu- Section 7(a)(2)(A) of the Small Business late Competitive Research of the Depart- Mentoring Network and identified under sec- Act (15 U.S.C. 636(a)(2)(A)) is amended— ment of Energy; tion 34(c)(1)(E)(ii) as potential candidates for (1) in paragraph (i) by striking ‘‘$100,000’’ ‘‘(D) the Experimental Program to Stimu- the SBIR or STTR programs; and inserting ‘‘$150,000’’; and late Competitive Research of the Environ- ‘‘(2) identify volunteer mentors who— (2) in paragraph (ii)— mental Protection Agency; ‘‘(A) are persons associated with a small (A) by striking ‘‘80 percent’’ and inserting ‘‘(E) the Experimental Program to Stimu- business concern that has successfully com- ‘‘85 percent’’; and late Competitive Research of the National pleted one or more SBIR or STTR funding (B) by striking ‘‘$100,000’’ and inserting Aeronautics and Space Administration; agreements; and ‘‘$150,000’’. ‘‘(B) have agreed to guide small business ‘‘(F) the Institutional Development Award SEC. 203. LOAN AMOUNTS. concerns through all stages of the SBIR or Program of the National Institutes of Section 7(a)(3)(A) of the Small Business STTR program process, including providing Health; and Act (15 U.S.C. 636(a)(3)(A)) is amended by assistance relating to— ‘‘(G) the National Research Initiative Com- striking ‘‘$750,000,’’ and inserting, ‘‘$1,000,000 ‘‘(i) proposal writing; petitive Grants Program of the Department (or if the gross loan amount would exceed of Agriculture. ‘‘(ii) marketing; $2,000,000),’’. ‘‘(iii) Government accounting; ‘‘(2) COORDINATION REQUIREMENTS.—Each SEC. 204. INTEREST ON DEFAULTED LOANS. ‘‘(iv) Government audits; Federal agency that is subject to subsection Section 7(a)(4)(B) of the Small Business ‘‘(v) project facilities and equipment; (f) and that has established a technology de- Act (15 U.S.C. 636(a)(4)(B)) is amended by ‘‘(vi) human resources; velopment program may, in each fiscal year, adding at the end the following: ‘‘(vii) third phase partners; review for funding under that technology de- ‘‘(iii) APPLICABILITY.—Clauses (i) and (ii) ‘‘(viii) commercialization; velopment program— shall not apply to loans made on or after Oc- ‘‘(ix) venture capital networking; and ‘‘(A) any proposal to provide outreach and tober 1, 2000.’’. assistance to 1 or more small business con- ‘‘(x) other matters relevant to the SBIR and STTR programs; SEC. 205. PREPAYMENT OF LOANS. cerns interested in participating in the SBIR Section 7(a)(4) of the Small Business Act ‘‘(3) have experience working with small program, including any proposal to make a (15 U.S.C. 636(a)(4)) is further amended— business concerns participating in the SBIR grant or loan to a company to pay a portion (1) by striking ‘‘(4) INTEREST RATES AND and STTR programs; or all of the cost of developing an SBIR pro- FEES.—’’ and inserting ‘‘(4) INTEREST RATES ‘‘(4) contribute information to the national posal, from an entity, organization, or indi- AND PREPAYMENT CHARGES.—’’; and database referred to in subsection (d); and vidual located in— (2) by adding at the end the following: ‘‘(5) agree to reimburse volunteer mentors ‘‘(i) a State that is eligible to participate ‘‘(C) PREPAYMENT CHARGES.— for out-of-pocket expenses related to service in that program; or ‘‘(i) IN GENERAL.—A borrower who prepays as a mentor under this section. ‘‘(ii) a State described in paragraph (3); or any loan guaranteed under this subsection ‘‘(B) any proposal for the first phase of the ‘‘(d) MENTORING DATABASE.—The Adminis- trator shall— shall remit to the Administration a subsidy SBIR program, if the proposal, though meri- recoupment fee calculated in accordance torious, is not funded through the SBIR pro- ‘‘(1) include in the database required by section 9(k)(1), in cooperation with the SBIR, with clause (ii) if— gram for that fiscal year due to funding re- ‘‘(I) the loan is for a term of not less than straints, from a small business concern lo- STTR, and FAST programs, information on Mentoring Networks and mentors partici- 15 years; cated in— ‘‘(II) the prepayment is voluntary; ‘‘(i) a State that is eligible to participate pating under this section, including a de- scription of their areas of expertise; ‘‘(III) the amount of prepayment in any in a technology development program; or calendar year is more than 25 percent of the ‘‘(ii) a State described in paragraph (3). ‘‘(2) work cooperatively with Mentoring Networks to maintain and update the data- outstanding balance of the loan; and ‘‘(3) ADDITIONALLY ELIGIBLE STATE.—A ‘‘(IV) the prepayment is made within the State referred to in subparagraph (A)(ii) or base; ‘‘(3) take such action as may be necessary first 3 years after disbursement of the loan (B)(ii) of paragraph (2) is a State in which proceeds. the total value of contracts awarded to small to aggressively promote Mentoring Networks under this section; and ‘‘(ii) SUBSIDY RECOUPMENT FEE.—The sub- business concerns under all SBIR programs sidy recoupment fee charged under clause (i) is less than the total value of contracts ‘‘(4) fulfill the requirements of this sub- section either directly or by contract.’’. shall be— awarded to small business concerns in a ma- ‘‘(I) 5 percent of the amount of prepay- jority of other States, as determined by the SEC. 113. SIMPLIFIED REPORTING REQUIRE- MENTS. ment, if the borrower prepays during the Administrator in biennial fiscal years, begin- first year after disbursement; ning with fiscal year 2000, based on the most Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is fur- ‘‘(II) 3 percent of the amount of prepay- recent statistics compiled by the Adminis- ther amended by adding at the end the fol- ment, if the borrower prepays during the sec- trator.’’. lowing: ond year after disbursement; and SEC. 112. MENTORING NETWORKS. ‘‘(v) SIMPLIFIED REPORTING REQUIRE- ‘‘(III) 1 percent of the amount of prepay- The Small Business Act (15 U.S.C. 631 et MENTS.—The Administrator shall work with ment, if the borrower prepays during the seq.) is amended by inserting after section the Federal agencies required by this section third year after disbursement.’’. 34, as added by section 111(b)(2) of this Act, to have an SBIR program to standardize re- SEC. 206. GUARANTEE FEES. the following: porting requirements for the collection of Section 7(a)(18) of the Small Business Act ‘‘SEC. 35. MENTORING NETWORKS. data from SBIR applicants and awardees, in- (15 U.S.C. 636(a)(18)) is amended to read as ‘‘(a) FINDINGS.—Congress finds that— cluding data for inclusion in the database follows: ‘‘(1) the SBIR and STTR programs create under subsection (k), taking into consider- ‘‘(18) GUARANTEE FEES.— jobs, increase capacity for technological in- ation the unique needs of each agency, and ‘‘(A) IN GENERAL.—With respect to each novation, and boost international competi- to the extent possible, permitting the updat- loan guaranteed under this subsection (other tiveness; ing of previously reported information by than a loan that is repayable in 1 year or ‘‘(2) increasing the quantity of applications electronic means. Such requirements shall less), the Administration shall collect a from all States to the SBIR and STTR pro- be designed to minimize the burden on small guarantee fee, which shall be payable by the grams would enhance competition for such businesses.’’. participating lender, and may be charged to awards and the quality of the completed SEC. 114. RURAL OUTREACH PROGRAM EXTEN- the borrower, as follows: projects; and SION. ‘‘(i) A guarantee fee equal to 2 percent of ‘‘(3) mentoring is a natural complement to (a) EXTENSION OF TERMINATION DATE.—Sec- the deferred participation share of a total the FAST program of reaching out to new tion 501(b)(2) of the Small Business Reau- loan amount that is not more than $150,000.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9624 CONGRESSIONAL RECORD — SENATE October 2, 2000 ‘‘(ii) A guarantee fee equal to 3 percent of (1) by striking ‘‘$25,000’’ and inserting (15 U.S.C. 695 et seq.) is amended by adding the deferred participation share of a total ‘‘$35,000’’; and at the end the following: loan amount that is more than $150,000, but (2) by striking ‘‘short-term,’’. ‘‘SEC. 510. FORECLOSURE AND LIQUIDATION OF less than $700,000. TITLE III—CERTIFIED DEVELOPMENT LOANS. ‘‘(iii) A guarantee fee equal to 3.5 percent COMPANY PROGRAM of the deferred participation share of a total ‘‘(a) DELEGATION OF AUTHORITY.—In accord- SEC. 301. SHORT TITLE. ance with this section, the Administration loan amount that is more than $700,000. This title may be cited as the ‘‘Certified ‘‘(B) RETENTION OF CERTAIN FEES.—Lenders shall delegate to any qualified State or local Development Company Program Improve- development company (as defined in section participating in the programs established ments Act of 2000’’. under this subsection may retain not more 503(e)) that meets the eligibility require- SEC. 302. WOMEN-OWNED BUSINESSES. ments of subsection (b)(1) the authority to than 25 percent of a fee collected under sub- Section 501(d)(3)(C) of the Small Business paragraph (A)(i).’’. foreclose and liquidate, or to otherwise treat Investment Act of 1958 (15 U.S.C. 695(d)(3)(C)) in accordance with this section, defaulted SEC. 207. LEASE TERMS. is amended by inserting before the comma loans in its portfolio that are funded with Section 7(a) of the Small Business Act (15 ‘‘or women-owned business development’’. the proceeds of debentures guaranteed by the U.S.C. 636(a)) is further amended by adding SEC. 303. MAXIMUM DEBENTURE SIZE. Administration under section 503. at the end the following: Section 502(2) of the Small Business Invest- ‘‘(28) LEASING.—In addition to such other ment Act of 1958 (15 U.S.C. 696(2)) is amended ‘‘(b) ELIGIBILITY FOR DELEGATION.— lease arrangements as may be authorized by to read as follows: ‘‘(1) REQUIREMENTS.—A qualified State or the Administration, a borrower may perma- ‘‘(2) Loans made by the Administration local development company shall be eligible nently lease to one or more tenants not more under this section shall be limited to for a delegation of authority under sub- than 20 percent of any property constructed $1,000,000 for each such identifiable small section (a) if— with the proceeds of a loan guaranteed under business concern, except loans meeting the ‘‘(A) the company— this subsection, if the borrower permanently criteria specified in section 501(d)(3), which ‘‘(i) has participated in the loan liquida- occupies and uses not less than 60 percent of shall be limited to $1,300,000 for each such tion pilot program established by the Small the total business space in the property.’’. identifiable small business concern.’’. Business Programs Improvement Act of 1996 (15 U.S.C. 695 note), as in effect on the day SEC. 208. MICROLOAN PROGRAM. SEC. 304. FEES. before promulgation of final regulations by (a) IN GENERAL.—Section 7(m) of the Small Section 503(f) of the Small Business Invest- the Administration implementing this sec- Business Act (15 U.S.C. 636(m)) is amended— ment Act of 1958 (15 U.S.C. 697(f)) is amended tion; (1) in paragraphs (1)(B)(iii) and (3)(E), by to read as follows: striking ‘‘$25,000’’ each place it appears and ‘‘(f) EFFECTIVE DATE.—The fees authorized ‘‘(ii) is participating in the Premier Cer- inserting ‘‘$35,000’’; by subsections (b) and (d) shall apply to tified Lenders Program under section 508; or (2) in paragraphs (1)(A)(iii)(I), (3)(A)(ii), financings approved by the Administration ‘‘(iii) during the 3 fiscal years immediately and (4)(C)(i)(II), by striking ‘‘$7,500’’ each on or after October 1, 1996, but shall not prior to seeking such a delegation, has made place it appears and inserting ‘‘$10,000’’; apply to financings approved by the Admin- an average of not less than 10 loans per year (3) in paragraph (1)(B)(i), by striking istration on or after October 1, 2003.’’. that are funded with the proceeds of deben- tures guaranteed under section 503; and ‘‘short-term,’’; SEC. 305. PREMIER CERTIFIED LENDERS PRO- (4) in paragraph (2)(B), by inserting before GRAM. ‘‘(B) the company— the period ‘‘, or equivalent experience, as de- Section 217(b) of the Small Business Ad- ‘‘(i) has one or more employees— termined by the Administration’’; ministration Reauthorization and Amend- ‘‘(I) with not less than 2 years of sub- (5) in paragraph (3)(E), by striking ments Act of 1994 (Public Law 103–403, 15 stantive, decision-making experience in ad- ‘‘$15,000’’ and inserting ‘‘$20,000’’; U.S.C. 697 note) (relating to section 508 of the ministering the liquidation and workout of (6) in paragraph (4)(E)— Small Business Investment Act of 1958) is re- problem loans secured in a manner substan- (A) by striking clause (i) and inserting the pealed. tially similar to loans funded with the pro- following: SEC. 306. SALE OF CERTAIN DEFAULTED LOANS. ceeds of debentures guaranteed under section ‘‘(i) IN GENERAL.—Each intermediary may Section 508 of the Small Business Invest- 503; and expend the grant funds received under the ment Act of 1958 (15 U.S.C. 697e) is amended— ‘‘(II) who have completed a training pro- program authorized by this subsection to (1) in subsection (a), by striking ‘‘On a gram on loan liquidation developed by the provide or arrange for loan technical assist- pilot program basis, the’’ and inserting Administration in conjunction with qualified ance to small business concerns that are bor- ‘‘The’’; State and local development companies that rowers or prospective borrowers under this (2) by redesignating subsections (d) meet the requirements of this paragraph; or subsection.’’; and through (i) as subsections (e) through (j), re- ‘‘(ii) submits to the Administration docu- (B) in clause (ii), by striking ‘‘25’’ and in- spectively; mentation demonstrating that the company serting ‘‘35’’; (3) in subsection (f) (as redesignated by has contracted with a qualified third-party (7) in paragraph (5)(A)— paragraph (2)), by striking ‘‘subsection (f)’’ to perform any liquidation activities and se- (A) by striking ‘‘25 grants’’ and inserting and inserting ‘‘subsection (g)’’; cures the approval of the contract by the Ad- ‘‘55 grants’’; and (4) in subsection (h) (as redesignated by ministration with respect to the qualifica- (B) by striking ‘‘$125,000’’ and inserting paragraph (2)), by striking ‘‘subsection (f)’’ tions of the contractor and the terms and ‘‘$200,000’’; and inserting ‘‘subsection (g)’’; and conditions of liquidation activities. (8) in paragraph (6)(B), by striking (5) by inserting after subsection (c) the fol- ‘‘(2) CONFIRMATION.—On request the Ad- ‘‘$10,000’’ and inserting ‘‘$15,000’’; lowing: ministration shall examine the qualifica- (9) in paragraph (7), by striking subpara- ‘‘(d) SALE OF CERTAIN DEFAULTED LOANS.— tions of any company described in subsection graph (A) and inserting the following: ‘‘(1) NOTICE.—If, upon default in repay- (a) to determine if such company is eligible ‘‘(A) NUMBER OF PARTICIPANTS.—Under the ment, the Administration acquires a loan for the delegation of authority under this program authorized by this subsection, the guaranteed under this section and identifies section. If the Administration determines Administration may fund, on a competitive such loan for inclusion in a bulk asset sale of that a company is not eligible, the Adminis- basis, not more than— defaulted or repurchased loans or other tration shall provide the company with the ‘‘(i) 250 intermediaries in fiscal year 2001; financings, it shall give prior notice thereof reasons for such ineligibility. ‘‘(ii) 300 intermediaries in fiscal year 2002; to any certified development company which ‘‘(c) SCOPE OF DELEGATED AUTHORITY.— and has a contingent liability under this section. ‘‘(1) IN GENERAL.—Each qualified State or ‘‘(iii) 350 intermediaries in fiscal year The notice shall be given to the company as local development company to which the Ad- 2003.’’; and soon as possible after the financing is identi- ministration delegates authority under sec- (10) in paragraph (9), by adding at the end fied, but not less than 90 days before the date tion (a) may with respect to any loan de- the following: the Administration first makes any records scribed in subsection (a)— ‘‘(D) PEER-TO-PEER CAPACITY BUILDING AND on such financing available for examination ‘‘(A) perform all liquidation and fore- TRAINING.—The Administrator may use not by prospective purchasers prior to its offer- closure functions, including the purchase in more than $1,000,000 of the annual appropria- ing in a package of loans for bulk sale. accordance with this subsection of any other tion to the Administration for technical as- ‘‘(2) LIMITATIONS.—The Administration indebtedness secured by the property secur- sistance grants to subcontract with 1 or shall not offer any loan described in para- ing the loan, in a reasonable and sound man- more national trade associations of eligible graph (1) as part of a bulk sale unless it— ner according to commercially accepted intermediaries under this subsection to pro- ‘‘(A) provides prospective purchasers with practices, pursuant to a liquidation plan ap- vide peer-to-peer capacity building and the opportunity to examine the Administra- proved in advance by the Administration training to lenders under this subsection and tion’s records with respect to such loan; and under paragraph (2)(A); organizations seeking to become lenders ‘‘(B) provides the notice required by para- ‘‘(B) litigate any matter relating to the under this subsection.’’. graph (1).’’. performance of the functions described in (b) CONFORMING AMENDMENTS.—Section SEC. 307. LOAN LIQUIDATION. subparagraph (A), except that the Adminis- 7(n)(11)(B) of the Small Business Act (15 (a) LIQUIDATION AND FORECLOSURE.—Title V tration may— U.S.C. 636(n)(11)(B)) is amended— of the Small Business Investment Act of 1958 ‘‘(i) defend or bring any claim if—

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9625 ‘‘(I) the outcome of the litigation may ad- ‘‘(i) consider an offer made by an obligor to ‘‘(C) With respect to all loans subject to versely affect the Administration’s manage- compromise the debt for less than the full foreclosure, liquidation, or mitigation under ment of the loan program established under amount owing; and this section, the totals of each of the section 502; or ‘‘(ii) pursuant to such an offer, release any amounts described in clauses (i) through (v) ‘‘(II) the Administration is entitled to obligor or other party contingently liable, if of subparagraph (A). legal remedies not available to a qualified the company secures the written approval of ‘‘(D) A comparison between— State or local development company and the Administration. ‘‘(i) the information provided under sub- such remedies will benefit either the Admin- ‘‘(E) CONTENTS OF NOTICE OF NO DECISION.— paragraph (C) with respect to the 12-month istration or the qualified State or local de- Any notice provided by the Administration period preceding the date on which the re- velopment company; or under subparagraphs (A)(ii)(II), (B)(ii)(II), or port is submitted; and ‘‘(ii) oversee the conduct of any such liti- (C)(ii)(II)— ‘‘(ii) the same information with respect to gation; and ‘‘(i) shall be in writing; loans foreclosed and liquidated, or otherwise ‘‘(C) take other appropriate actions to ‘‘(ii) shall state the specific reason for the treated, by the Administration during the mitigate loan losses in lieu of total liquida- Administration’s inability to act on a plan same period. tion or foreclosures, including the restruc- or request; ‘‘(E) The number of times that the Admin- turing of a loan in accordance with prudent ‘‘(iii) shall include an estimate of the addi- istration has failed to approve or reject a liq- loan servicing practices and pursuant to a tional time required by the Administration uidation plan in accordance with subpara- workout plan approved in advance by the Ad- to act on the plan or request; and graph (A)(i), a workout plan in accordance ministration under paragraph (2)(C). ‘‘(iv) if the Administration cannot act be- with subparagraph (C)(i), or to approve or ‘‘(2) ADMINISTRATION APPROVAL.— cause insufficient information or docu- deny a request for purchase of indebtedness ‘‘(A) LIQUIDATION PLAN.— mentation was provided by the company sub- under subparagraph (B)(i), including specific ‘‘(i) IN GENERAL.—Before carrying out func- mitting the plan or request, shall specify the information regarding the reasons for the tions described in paragraph (1)(A), a quali- nature of such additional information or doc- Administration’s failure and any delays that fied State or local development company umentation. resulted.’’. (b) REGULATIONS.— shall submit to the Administration a pro- ‘‘(3) CONFLICT OF INTEREST.—In carrying posed liquidation plan. out functions described in paragraph (1), a (1) IN GENERAL.—Not later than 150 days ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— qualified State or local development com- after the date of enactment of this Act, the ‘‘(I) TIMING.—Not later than 15 business pany shall take no action that would result Administrator shall issue such regulations as may be necessary to carry out section 510 days after a liquidation plan is received by in an actual or apparent conflict of interest of the Small Business Investment Act of the Administration under clause (i), the Ad- between the company (or any employee of 1958, as added by subsection (a) of this sec- ministration shall approve or reject the plan. the company) and any third party lender, as- tion. ‘‘(II) NOTICE OF NO DECISION.—With respect sociate of a third party lender, or any other (2) TERMINATION OF PILOT PROGRAM.—Be- to any plan that cannot be approved or de- person participating in a liquidation, fore- ginning on the date on which final regula- nied within the 15-day period required by closure, or loss mitigation action. subclause (I), the Administration shall with- tions are issued under paragraph (1), section USPENSION OR REVOCATION OF AU- in such period provide in accordance with ‘‘(d) S 204 of the Small Business Programs Improve- subparagraph (E) notice to the company that THORITY.—The Administration may revoke ment Act of 1996 (15 U.S.C. 695 note) shall submitted the plan. or suspend a delegation of authority under cease to have effect. this section to any qualified State or local ‘‘(iii) ROUTINE ACTIONS.—In carrying out TITLE IV—CORRECTIONS TO THE SMALL development company, if the Administration functions described in paragraph (1)(A), a BUSINESS INVESTMENT ACT OF 1958 qualified State or local development com- determines that the company— ‘‘(1) does not meet the requirements of sub- SEC. 401. SHORT TITLE. pany may undertake routine actions not ad- This title may be cited as the ‘‘Small Busi- dressed in a liquidation plan without obtain- section (b)(1); ‘‘(2) has violated any applicable rule or reg- ness Investment Corrections Act of 2000’’. ing additional approval from the Adminis- SEC. 402. DEFINITIONS. tration. ulation of the Administration or any other applicable law; or (a) SMALL BUSINESS CONCERN.—Section ‘‘(B) PURCHASE OF INDEBTEDNESS.— 103(5)(A)(i) of the Small Business Investment ‘‘(i) IN GENERAL.—In carrying out functions ‘‘(3) fails to comply with any reporting re- quirement that may be established by the Act of 1958 (15 U.S.C. 662(5)(A)(i)) is amended described in paragraph (1)(A), a qualified by inserting before the semicolon at the end State or local development company shall Administration relating to carrying out of functions described in paragraph (1). the following: ‘‘regardless of the allocation submit to the Administration a request for of control during the investment period written approval before committing the Ad- ‘‘(e) REPORT.— under any investment agreement between ministration to the purchase of any other in- ‘‘(1) IN GENERAL.—Based on information the business concern and the entity making debtedness secured by the property securing provided by qualified State and local devel- the investment’’. a defaulted loan. opment companies and the Administration, (b) LONG TERM.—Section 103 of the Small ‘‘(ii) ADMINISTRATION ACTION ON REQUEST.— the Administration shall annually submit to Business Investment Act of 1958 (15 U.S.C. ‘‘(I) TIMING.—Not later than 15 business the Committees on Small Business of the 662) is amended— days after receiving a request under clause House of Representatives and of the Senate a (1) in paragraph (15), by striking ‘‘and’’ at (i), the Administration shall approve or deny report on the results of delegation of author- the end; the request. ity under this section. (2) in paragraph (16), by striking the period ‘‘(II) NOTICE OF NO DECISION.—With respect ‘‘(2) CONTENTS.—Each report submitted at the end and inserting ‘‘; and’’; and to any request that cannot be approved or under paragraph (1) shall include the fol- (3) by adding at the end the following: denied within the 15-day period required by lowing information: ‘‘(17) the term ‘long term’, when used in subclause (I), the Administration shall with- ‘‘(A) With respect to each loan foreclosed connection with equity capital or loan funds in such period provide in accordance with or liquidated by a qualified State or local de- invested in any small business concern or subparagraph (E) notice to the company that velopment company under this section, or smaller enterprise, means any period of time submitted the request. for which losses were otherwise mitigated by not less than 1 year.’’. ‘‘(C) WORKOUT PLAN.— the company pursuant to a workout plan SEC. 403. INVESTMENT IN SMALL BUSINESS IN- ‘‘(i) IN GENERAL.—In carrying out functions under this section— VESTMENT COMPANIES. described in paragraph (1)(C), a qualified ‘‘(i) the total cost of the project financed Section 302(b) of the Small Business In- State or local development company shall with the loan; vestment Act of 1958 (15 U.S.C. 682(b)) is submit to the Administration a proposed ‘‘(ii) the total original dollar amount guar- amended— workout plan. anteed by the Administration; (1) by striking ‘‘(b) Notwithstanding’’ and ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— ‘‘(iii) the total dollar amount of the loan at inserting the following: ‘‘(I) TIMING.—Not later than 15 business the time of liquidation, foreclosure, or miti- ‘‘(b) FINANCIAL INSTITUTION INVESTMENTS.— days after a workout plan is received by the gation of loss; ‘‘(1) CERTAIN BANKS.—Notwithstanding’’; Administration under clause (i), the Admin- ‘‘(iv) the total dollar losses resulting from and istration shall approve or reject the plan. the liquidation, foreclosure, or mitigation of (2) by adding at the end the following: ‘‘(II) NOTICE OF NO DECISION.—With respect loss; and ‘‘(2) CERTAIN SAVINGS ASSOCIATIONS.—Not- to any workout plan that cannot be approved ‘‘(v) the total recoveries resulting from the withstanding any other provision of law, any or denied within the 15-day period required liquidation, foreclosure, or mitigation of Federal savings association may invest in by subclause (I), the Administration shall loss, both as a percentage of the amount any 1 or more small business investment within such period provide in accordance guaranteed and the total cost of the project companies, or in any entity established to with subparagraph (E) notice to the company financed. invest solely in small business investment that submitted the plan. ‘‘(B) With respect to each qualified State companies, except that in no event may the ‘‘(D) COMPROMISE OF INDEBTEDNESS.—In or local development company to which au- total amount of such investments by any carrying out functions described in para- thority is delegated under this section, the such Federal savings association exceed 5 graph (1)(A), a qualified State or local devel- totals of each of the amounts described in percent of the capital and surplus of the Fed- opment company may— clauses (i) through (v) of subparagraph (A). eral savings association.’’.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9626 CONGRESSIONAL RECORD — SENATE October 2, 2000 SEC. 404. SUBSIDY FEES. ‘‘(iv) $50,000,000 in loans as provided in sec- thorized to enter into guarantees not to ex- (a) DEBENTURES.—Section 303(b) of the tion 7(m). ceed $5,000,000,000 of which not more than 50 Small Business Investment Act of 1958 (15 ‘‘(C) For the programs authorized by title percent may be in bonds approved pursuant U.S.C. 683(b)) is amended by striking ‘‘plus III of the Small Business Investment Act of to section 411(a)(3) of that Act. an additional charge of 1 percent per annum 1958, the Administration is authorized to ‘‘(E) The Administration is authorized to which shall be paid to and retained by the make— make grants or enter cooperative agree- Administration’’ and inserting ‘‘plus, for de- ‘‘(i) $2,500,000,000 in purchases of partici- ments for a total amount of $6,000,000 for the bentures issued after September 30, 2000, an pating securities; and Service Corps of Retired Executives program additional charge, in an amount established ‘‘(ii) $1,500,000,000 in guarantees of deben- authorized by section 8(b)(1). annually by the Administration, of not more tures. ‘‘(2) ADDITIONAL AUTHORIZATIONS.— than 1 percent per year as necessary to re- ‘‘(D) For the programs authorized by part ‘‘(A) There are authorized to be appro- duce to zero the cost (as defined in section B of title IV of the Small Business Invest- priated to the Administration for fiscal year 502 of the Federal Credit Reform Act of 1990 ment Act of 1958, the Administration is au- 2002 such sums as may be necessary to carry (2 U.S.C. 661a)) to the Administration of pur- thorized to enter into guarantees not to ex- out the provisions of this Act not elsewhere chasing and guaranteeing debentures under ceed $4,000,000,000 of which not more than 50 provided for, including administrative ex- this Act, which shall be paid to and retained percent may be in bonds approved pursuant penses and necessary loan capital for dis- by the Administration’’. to section 411(a)(3) of that Act. aster loans pursuant to section 7(b), and to (b) PARTICIPATING SECURITIES.—Section ‘‘(E) The Administration is authorized to carry out title IV of the Small Business In- 303(g)(2) of the Small Business Investment make grants or enter cooperative agree- vestment Act of 1958, including salaries and Act of 1958 (15 U.S.C. 683(g)(2)) is amended by ments for a total amount of $5,000,000 for the expenses of the Administration. striking ‘‘plus an additional charge of 1 per- Service Corps of Retired Executives program ‘‘(B) Notwithstanding any other provision cent per annum which shall be paid to and authorized by section 8(b)(1). of this paragraph, for fiscal year 2002— retained by the Administration’’ and insert- ‘‘(2) ADDITIONAL AUTHORIZATIONS.— ‘‘(i) no funds are authorized to be used as ing ‘‘plus, for participating securities issued ‘‘(A) There are authorized to be appro- loan capital for the loan program authorized after September 30, 2000, an additional priated to the Administration for fiscal year by section 7(a)(21) except by transfer from charge, in an amount established annually 2001 such sums as may be necessary to carry another Federal department or agency to the by the Administration, of not more than 1 out the provisions of this Act not elsewhere Administration, unless the program level au- percent per year as necessary to reduce to provided for, including administrative ex- thorized for general business loans under zero the cost (as defined in section 502 of the penses and necessary loan capital for dis- paragraph (1)(B)(i) is fully funded; and Federal Credit Reform Act of 1990 (2 U.S.C. aster loans pursuant to section 7(b), and to ‘‘(ii) the Administration may not approve 661a)) to the Administration of purchasing carry out title IV of the Small Business In- loans on its own behalf or on behalf of any and guaranteeing participating securities vestment Act of 1958, including salaries and other Federal department or agency, by con- under this Act, which shall be paid to and re- expenses of the Administration. tract or otherwise, under terms and condi- tained by the Administration’’. ‘‘(B) Notwithstanding any other provision tions other than those specifically author- of this paragraph, for fiscal year 2001— ized under this Act or the Small Business In- SEC. 405. DISTRIBUTIONS. ‘‘(i) no funds are authorized to be used as vestment Act of 1958, except that it may ap- Section 303(g)(8) of the Small Business In- loan capital for the loan program authorized prove loans under section 7(a)(21) of this Act vestment Act of 1958 (15 U.S.C. 683(g)(8)) is by section 7(a)(21) except by transfer from in gross amounts of not more than $1,250,000. amended— another Federal department or agency to the ‘‘(i) FISCAL YEAR 2003.— (1) by striking ‘‘subchapter s corporation’’ Administration, unless the program level au- ‘‘(1) PROGRAM LEVELS.—The following pro- and inserting ‘‘subchapter S corporation’’; thorized for general business loans under gram levels are authorized for fiscal year (2) by striking ‘‘the end of any calendar paragraph (1)(B)(i) is fully funded; and 2003: quarter based on a quarterly’’ and inserting ‘‘(ii) the Administration may not approve ‘‘(A) For the programs authorized by this ‘‘any time during any calendar quarter based loans on its own behalf or on behalf of any Act, the Administration is authorized to on an’’; and other Federal department or agency, by con- make— (3) by striking ‘‘quarterly distributions for tract or otherwise, under terms and condi- ‘‘(i) $70,000,000 in technical assistance a calendar year,’’ and inserting ‘‘interim dis- tions other than those specifically author- grants as provided in section 7(m); and tributions for a calendar year,’’. ized under this Act or the Small Business In- ‘‘(ii) $100,000,000 in direct loans, as provided SEC. 406. CONFORMING AMENDMENT. vestment Act of 1958, except that it may ap- in 7(m). Section 310(c)(4) of the Small Business In- prove loans under section 7(a)(21) of this Act ‘‘(B) For the programs authorized by this vestment Act of 1958 (15 U.S.C. 687b(c)(4)) is in gross amounts of not more than $1,250,000. Act, the Administration is authorized to amended by striking ‘‘five years’’ and insert- ‘‘(h) FISCAL YEAR 2002.— make $21,550,000,000 in deferred participation ing ‘‘1 year’’. ‘‘(1) PROGRAM LEVELS.—The following pro- loans and other financings. Of such sum, the gram levels are authorized for fiscal year Administration is authorized to make— TITLE V—REAUTHORIZATION OF SMALL 2002: ‘‘(i) $16,000,000,000 in general business loans BUSINESS PROGRAMS ‘‘(A) For the programs authorized by this as provided in section 7(a); SEC. 501. SHORT TITLE. Act, the Administration is authorized to ‘‘(ii) $5,000,000,000 in financings as provided This title may be cited as the ‘‘Small Busi- make— in section 7(a)(13) of this Act and section 504 ness Programs Reauthorization Act of 2000’’. ‘‘(i) $60,000,000 in technical assistance of the Small Business Investment Act of SEC. 502. REAUTHORIZATION OF SMALL BUSI- grants as provided in section 7(m); and 1958; NESS PROGRAMS. ‘‘(ii) $80,000,000 in direct loans, as provided ‘‘(iii) $500,000,000 in loans as provided in Section 20 of the Small Business Act (15 in 7(m). section 7(a)(21); and U.S.C. 631 note) is amended by adding at the ‘‘(B) For the programs authorized by this ‘‘(iv) $50,000,000 in loans as provided in sec- end the following: Act, the Administration is authorized to tion 7(m). ‘‘(g) FISCAL YEAR 2001.— make $20,050,000,000 in deferred participation ‘‘(C) For the programs authorized by title ‘‘(1) PROGRAM LEVELS.—The following pro- loans and other financings. Of such sum, the III of the Small Business Investment Act of gram levels are authorized for fiscal year Administration is authorized to make— 1958, the Administration is authorized to 2001: ‘‘(i) $15,000,000,000 in general business loans make— ‘‘(A) For the programs authorized by this as provided in section 7(a); ‘‘(i) $4,000,000,000 in purchases of partici- Act, the Administration is authorized to ‘‘(ii) $4,500,000,000 in financings as provided pating securities; and make— in section 7(a)(13) of this Act and section 504 ‘‘(ii) $3,000,000,000 in guarantees of deben- ‘‘(i) $45,000,000 in technical assistance of the Small Business Investment Act of tures. grants as provided in section 7(m); and 1958; ‘‘(D) For the programs authorized by part ‘‘(ii) $60,000,000 in direct loans, as provided ‘‘(iii) $500,000,000 in loans as provided in B of title IV of the Small Business Invest- in 7(m). section 7(a)(21); and ment Act of 1958, the Administration is au- ‘‘(B) For the programs authorized by this ‘‘(iv) $50,000,000 in loans as provided in sec- thorized to enter into guarantees not to ex- Act, the Administration is authorized to tion 7(m). ceed $6,000,000,000 of which not more than 50 make $19,050,000,000 in deferred participation ‘‘(C) For the programs authorized by title percent may be in bonds approved pursuant loans and other financings. Of such sum, the III of the Small Business Investment Act of to section 411(a)(3) of that Act. Administration is authorized to make— 1958, the Administration is authorized to ‘‘(E) The Administration is authorized to ‘‘(i) $14,500,000,000 in general business loans make— make grants or enter into cooperative agree- as provided in section 7(a); ‘‘(i) $3,500,000,000 in purchases of partici- ments for a total amount of $7,000,000 for the ‘‘(ii) $4,000,000,000 in financings as provided pating securities; and Service Corps of Retired Executives program in section 7(a)(13) of this Act and section 504 ‘‘(ii) $2,500,000,000 in guarantees of deben- authorized by section 8(b)(1). of the Small Business Investment Act of tures. ‘‘(2) ADDITIONAL AUTHORIZATIONS.— 1958; ‘‘(D) For the programs authorized by part ‘‘(A) There are authorized to be appro- ‘‘(iii) $500,000,000 in loans as provided in B of title IV of the Small Business Invest- priated to the Administration for fiscal year section 7(a)(21); and ment Act of 1958, the Administration is au- 2003 such sums as may be necessary to carry

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9627 out the provisions of this Act not elsewhere as it determines necessary to ensure that tive Claims Settlement Act (43 U.S.C. provided for, including administrative ex- such cooperation does not constitute or 1626(e)(1))); or penses and necessary loan capital for dis- imply an endorsement by the Administration ‘‘(ii) a direct or indirect subsidiary cor- aster loans pursuant to section 7(b), and to of the organization or its products or serv- poration, joint venture, or partnership of an carry out title IV of the Small Business In- ices, and shall ensure that it receives appro- Alaska Native Corporation qualifying pursu- vestment Act of 1958, including salaries and priate recognition in all printed materials); ant to section 29(e)(1) of the Alaska Native expenses of the Administration. and Claims Settlement Act (43 U.S.C. 1626(e)(1)), ‘‘(B) Notwithstanding any other provision ‘‘(bb) other Federal and State agencies; if that subsidiary, joint venture, or partner- of this paragraph, for fiscal year 2003— ‘‘(III) by maintaining a clearinghouse for ship is owned and controlled by Natives (as ‘‘(i) no funds are authorized to be used as information on managing, financing, and op- determined pursuant to section 29(e)(2)) of loan capital for the loan program authorized erating small business enterprises; and the Alaska Native Claims Settlement Act (43 by section 7(a)(21) except by transfer from ‘‘(IV) by disseminating such information, U.S.C. 1626(e)(2))); or another Federal department or agency to the including through recognition events, and by ‘‘(C) a small business concern— Administration, unless the program level au- other activities that the Administration de- ‘‘(i) that is wholly owned by 1 or more In- thorized for general business loans under termines to be appropriate; and dian tribal governments, or by a corporation paragraph (1)(B)(i) is fully funded; and ‘‘(ii) through cooperation with a profit- that is wholly owned by 1 or more Indian ‘‘(ii) the Administration may not approve making concern (referred to in this para- tribal governments; or loans on its own behalf or on behalf of any graph as a ‘cosponsor’), training, informa- ‘‘(ii) that is owned in part by 1 or more In- other Federal department or agency, by con- tion, and education to small business con- dian tribal governments, or by a corporation tract or otherwise, under terms and condi- cerns, except that the Administration shall— that is wholly owned by 1 or more Indian tions other than those specifically author- ‘‘(I) take such actions as it determines to tribal governments, if all other owners are ized under this Act or the Small Business In- be appropriate to ensure that— either United States citizens or small busi- vestment Act of 1958, except that it may ap- ‘‘(aa) the Administration receives appro- ness concerns.’’. prove loans under section 7(a)(21) of this Act priate recognition and publicity; SEC. 603. QUALIFIED HUBZONE SMALL BUSINESS in gross amounts of not more than ‘‘(bb) the cooperation does not constitute CONCERN. $1,250,000.’’. or imply an endorsement by the Administra- (a) IN GENERAL.—Section 3(p)(5)(A)(i) of the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)) SEC. 503. ADDITIONAL REAUTHORIZATIONS. tion of any product or service of the cospon- sor; is amended by striking subclauses (I) and (II) (a) DRUG-FREE WORKPLACE PROGRAM.—Sec- and inserting the following: ‘‘(cc) unnecessary promotion of the prod- tion 27 of the Small Business Act (15 U.S.C. ‘‘(I) it is a HUBZone small business con- ucts or services of the cosponsor is avoided; 654) is amended— cern— and (1) in the section heading, by striking ‘‘(aa) pursuant to subparagraph (A) or (B) ‘‘(dd) utilization of any 1 cosponsor in a ‘‘DRUG-FREE WORKPLACE DEMONSTRA- of paragraph (3), and that its principal office marketing area is minimized; and TION PROGRAM’’ and inserting ‘‘PAUL D. is located in a HUBZone and not fewer than ‘‘(II) develop an agreement, executed on COVERDELL DRUG-FREE WORKPLACE 35 percent of its employees reside in a behalf of the Administration by an employee PROGRAM’’; and HUBZone; or of the Administration in Washington, the (2) in subsection (g)(1), by striking ‘‘(bb) pursuant to paragraph (3)(C), and not District of Columbia, that provides, at a ‘‘$10,000,000 for fiscal years 1999 and 2000’’ and fewer than 35 percent of its employees en- inserting ‘‘$5,000,000 for each of fiscal years minimum, that— gaged in performing a contract awarded to 2001 through 2003’’. ‘‘(aa) any printed material to announce the the small business concern on the basis of a (b) HUBZONE PROGRAM.—Section 31 of the cosponsorship or to be distributed at the co- preference provided under section 31(b) re- Small Business Act (15 U.S.C. 657a) is amend- sponsored activity, shall be approved in ad- side within any Indian reservation governed ed by adding at the end the following: vance by the Administration; by 1 or more of the tribal government own- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(bb) the terms and conditions of the co- ers, or reside within any HUBZone adjoining There is authorized to be appropriated to operation shall be specified; any such Indian reservation; carry out the program established by this ‘‘(cc) only minimal charges may be im- ‘‘(II) the small business concern will at- section $10,000,000 for each of fiscal years 2001 posed on any small business concern to cover tempt to maintain the applicable employ- through 2003.’’. the direct costs of providing the assistance; ment percentage under subclause (I) during (c) WOMEN’S BUSINESS ENTERPRISE DEVEL- ‘‘(dd) the Administration may provide to the performance of any contract awarded to OPMENT PROGRAMS.—Section 411 of the Wom- the cosponsorship mailing labels, but not the small business concern on the basis of a en’s Business Ownership Act (Public Law lists of names and addresses of small busi- preference provided under section 31(b); 105–135; 15 U.S.C. 631 note) is amended by ness concerns compiled by the Administra- and’’. striking ‘‘$600,000, for each of fiscal years tion; (b) HUBZONE PILOT PROGRAM FOR SPARSE- 1998 through 2000,’’ and inserting ‘‘$1,000,000 ‘‘(ee) all printed materials containing the LY POPULATED AREAS.—Section 3(p)(5) of the for each of fiscal years 2001 through 2003,’’. names of both the Administration and the Small Business Act (15 U.S.C. 632(p)(5)) is (d) VERY SMALL BUSINESS CONCERNS PRO- cosponsor shall include a prominent dis- amended by adding at the end the following: GRAM.—Section 304(i) of the Small Business claimer that the cooperation does not con- ‘‘(E) HUBZONE PILOT PROGRAM FOR SPARSE- Administration Reauthorization and Amend- stitute or imply an endorsement by the Ad- LY POPULATED AREAS.— ments Act of 1994 (Public Law 103–403; 15 ministration of any product or service of the ‘‘(i) IN GENERAL.—Notwithstanding sub- U.S.C. 644 note) is amended by striking ‘‘Sep- cosponsor; and paragraph (A)(i)(I)(aa), during the period be- tember 30, 2000’’ and inserting ‘‘September ‘‘(ff) the Administration shall ensure that ginning on the date of enactment of the 30, 2003’’. it receives appropriate recognition in all co- Small Business Reauthorization Act of 2000 (e) SOCIALLY AND ECONOMICALLY DISADVAN- sponsorship printed materials.’’. and ending on September 30, 2003, a small TAGED BUSINESSES PROGRAM.—Section 7102(c) (b) EXTENSION OF COSPONSORSHIP AUTHOR- business concern, the principal office of of the Federal Acquisition Streamlining Act ITY.—Section 401(a)(2) of the Small Business which is located in the State of Alaska, an of 1994 (Public Law 103–355; 15 U.S.C. 644 Administration Reauthorization and Amend- Alaska Native Corporation under paragraph note) is amended by striking ‘‘September 30, ments Act of 1994 (15 U.S.C. 637 note) is (3)(B)(i), or a direct or indirect subsidiary, amended by striking ‘‘September 30, 2000’’ 2000’’ and inserting ‘‘September 30, 2003’’. joint venture, or partnership under para- and inserting ‘‘September 30, 2003’’. (f) SBDC SERVICES.—Section 21(c)(3)(T) of graph (3)(B)(ii) shall be considered to be a the Small Business Act (15 U.S.C. TITLE VI—HUBZONE PROGRAM qualified HUBZone small business concern 648(c)(3)(T)) is amended by striking ‘‘2000’’ Subtitle A—HUBZones in Native America if— and inserting ‘‘2003’’. SEC. 601. SHORT TITLE. ‘‘(I) its principal office is located within a SEC. 504. COSPONSORSHIP. This subtitle may be cited as the HUBZone within the State of Alaska; (a) IN GENERAL.—Section 8(b)(1)(A) of the ‘‘HUBZones in Native America Act of 2000’’. ‘‘(II) not fewer than 35 percent of its em- Small Business Act (15 U.S.C. 637(b)(1)(A)) is SEC. 602. HUBZONE SMALL BUSINESS CONCERN. ployees who will be engaged in performing a amended to read as follows: Section 3(p)(3) of the Small Business Act contract awarded to it on the basis of a pref- ‘‘(1)(A) to provide— (15 U.S.C. 632(p)(3)) is amended to read as fol- erence provided under section 31(b) will per- ‘‘(i) technical, managerial, and informa- lows: form their work in any HUBZone located tional aids to small business concerns— ‘‘(3) HUBZONE SMALL BUSINESS CONCERN.— within the State of Alaska; or ‘‘(I) by advising and counseling on matters The term ‘HUBZone small business concern’ ‘‘(III) not fewer than 35 percent of its em- in connection with Government procurement means— ployees reside in a HUBZone located within and policies, principles, and practices of good ‘‘(A) a small business concern that is the State of Alaska or in any Alaska Native management; owned and controlled by 1 or more persons, Village within the State of Alaska. ‘‘(II) by cooperating and advising with— each of whom is a United States citizen; ‘‘(ii) EXCEPTION.— ‘‘(aa) voluntary business, professional, edu- ‘‘(B) a small business concern that is— ‘‘(I) IN GENERAL.—Clause (i) shall not apply cational, and other nonprofit organizations, ‘‘(i) an Alaska Native Corporation owned in any fiscal year following a fiscal year in associations, and institutions (except that and controlled by Natives (as determined which the total amount of contract dollars the Administration shall take such actions pursuant to section 29(e)(1) of the Alaska Na- awarded in furtherance of the contracting

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9628 CONGRESSIONAL RECORD — SENATE October 2, 2000 goals established under section 15(g)(1) to 143(k)(2)(B) of the Internal Revenue Code of SEC. 614. COMMUNITY DEVELOPMENT. small business concerns located within the 1986) at the time of the most recent census Section 3(p) of the Small Business Act (15 State of Alaska is equal to more than 2 per- taken for purposes of selecting qualified cen- U.S.C. 632(p)), as amended by this Act, is cent of the total amount of such contract sus tracts under section 42(d)(5)(C)(ii) of the amended— dollars awarded to all small business con- Internal Revenue Code of 1986; and (1) in paragraph (3)— cerns nationally, based on data from the ‘‘(ii) in which— (A) in subparagraph (B), by striking ‘‘or’’ Federal Procurement Data System. ‘‘(I) the median household income is less at the end; ‘‘(II) LIMITATION.—Subclause (I) shall not than 80 percent of the nonmetropolitan State (B) in subparagraph (C), by striking the pe- be construed to disqualify a HUBZone small median household income, based on the most riod at the end and inserting ‘‘; or’’; and business concern from performing a contract recent data available from the Bureau of the (C) by adding at the end the following: awarded to it on the basis of a preference Census of the Department of Commerce; or ‘‘(D) a small business concern that is— provided under section 31(b), if such concern ‘‘(II) the unemployment rate is not less ‘‘(i) wholly owned by a community devel- was qualified under clause (i) at the time at than 140 percent of the Statewide average opment corporation that has received finan- which the contract was awarded.’’. unemployment rate for the State in which cial assistance under Part 1 of Subchapter A (c) CLARIFYING AMENDMENT.—Section the county is located, based on the most re- of the Community Economic Development 3(p)(5)(D)(i) of the Small Business Act (15 cent data available from the Secretary of Act of 1981 (42 U.S.C. 9805 et seq.); or U.S.C. 632(p)(5)(D)(i)) is amended by inserting Labor.’’. ‘‘(ii) owned in part by 1 or more commu- ‘‘once the Administrator has made the cer- SEC. 612. ELIGIBLE CONTRACTS. nity development corporations, if all other tification required by subparagraph (A)(i) re- (a) COMMODITIES CONTRACTS.—Section 31(b) owners are either United States citizens or garding a qualified HUBZone small business of the Small Business Act (15 U.S.C. 657a(b)) small business concerns.’’; and concern and has determined that subpara- is amended— (2) in paragraph (5)(A)(i)(I)(aa), by striking graph (A)(ii) does not apply to that con- (1) in paragraph (3)— ‘‘subparagraph (A) or (B)’’ and inserting cern,’’ before ‘‘include’’. (A) by striking ‘‘In any’’ and inserting the ‘‘subparagraph (A), (B), or (D)’’. SEC. 604. OTHER DEFINITIONS. following: SEC. 615. REFERENCE CORRECTIONS. Section 3(p) of the Small Business Act (15 ‘‘(A) IN GENERAL.—Subject to subparagraph (a) SECTION 3.—Section 3(p)(5)(C) of the U.S.C. 632(p)) is amended by adding at the (B), in any’’; and Small Business Act (15 U.S.C. 632(p)(5)(C)) is end the following: (B) by adding at the end the following: amended by striking ‘‘subclause (IV) and (V) ‘‘(6) NATIVE AMERICAN SMALL BUSINESS CON- ‘‘(B) PROCUREMENT OF COMMODITIES.—For of subparagraph (A)(i)’’ and inserting ‘‘items CERNS.— purchases by the Secretary of Agriculture of (aa) and (bb) of subparagraph (A)(i)(III)’’. ‘‘(A) ALASKA NATIVE CORPORATION.—The agricultural commodities, the price evalua- (b) SECTION 8.—Section 8(d)(4)(D) of the term ‘Alaska Native Corporation’ has the tion preference shall be— Small Business Act (15 U.S.C. 637(d)(4)(D)) is same meaning as the term ‘Native Corpora- ‘‘(i) 10 percent, for the portion of a con- amended by inserting ‘‘qualified HUBZone tion’ in section 3 of the Alaska Native tract to be awarded that is not greater than small business concerns,’’ after ‘‘small busi- Claims Settlement Act (43 U.S.C. 1602). 25 percent of the total volume being procured ‘‘(B) ALASKA NATIVE VILLAGE.—The term for each commodity in a single invitation; ness concerns,’’. ‘Alaska Native Village’ has the same mean- ‘‘(ii) 5 percent, for the portion of a contract TITLE VII—NATIONAL WOMEN’S BUSINESS ing as the term ‘Native village’ in section 3 to be awarded that is greater than 25 per- COUNCIL REAUTHORIZATION of the Alaska Native Claims Settlement Act cent, but not greater than 40 percent, of the SEC. 701. SHORT TITLE. (43 U.S.C. 1602). total volume being procured for each com- This title may be cited as the ‘‘National ‘‘(C) INDIAN RESERVATION.—The term ‘In- modity in a single invitation; and Women’s Business Council Reauthorization dian reservation’— ‘‘(iii) zero, for the portion of a contract to Act of 2000’’. ‘‘(i) has the same meaning as the term ‘In- be awarded that is greater than 40 percent of SEC. 702. DUTIES OF THE COUNCIL. dian country’ in section 1151 of title 18, the total volume being procured for each Section 406 of the Women’s Business Own- United States Code, except that such term commodity in a single invitation.’’; and ership Act of 1988 (15 U.S.C. 631 note) is does not include— (2) in paragraph (4), by striking ‘‘paragraph amended to read as follows: ‘‘(I) any lands that are located within a (2) or (3)’’ and inserting ‘‘this subsection’’. State in which a tribe did not exercise gov- (b) DEFINITIONS.—Section 3(p) of the Small ‘‘SEC. 406. DUTIES OF THE COUNCIL. ernmental jurisdiction on the date of enact- Business Act (15 U.S.C. 632(p)), as amended ‘‘(a) IN GENERAL.—The Council shall— ment of this paragraph, unless that tribe is by this Act, is amended— ‘‘(1) provide advice and counsel to the recognized after that date of enactment by (1) in paragraph (5)(A)(i)(III)— President and to the Congress on economic either an Act of Congress or pursuant to reg- (A) in item (aa), by striking ‘‘and’’ at the matters of importance to women business ulations of the Secretary of the Interior for end; and owners; the administrative recognition that an In- (B) by adding at the end the following: ‘‘(2) promote initiatives designed to in- dian group exists as an Indian tribe (part 83 ‘‘(cc) in the case of a contract for the pro- crease access to capital and to markets, of title 25, Code of Federal Regulations); and curement by the Secretary of Agriculture of training and technical assistance, research, ‘‘(II) lands taken into trust or acquired by agricultural commodities, none of the com- resources, and leadership opportunities for an Indian tribe after the date of enactment modity being procured will be obtained by and about women business owners; of this paragraph if such lands are not lo- the prime contractor through a subcontract ‘‘(3) provide a source of information and a cated within the external boundaries of an for the purchase of the commodity in sub- catalyst for action to support women’s busi- Indian reservation or former reservation or stantially the final form in which it is to be ness development; are not contiguous to the lands held in trust supplied to the Government; and’’; and ‘‘(4) promote the implementation of the or restricted status on that date of enact- (2) by adding at the end the following: policy agenda, initiatives and recommenda- ment; and ‘‘(7) AGRICULTURAL COMMODITY.—The term tions issued at Summit ’98, the National ‘‘(ii) in the State of Oklahoma, means ‘agricultural commodity’ has the same Women’s Economic Forum; lands that— meaning as in section 102 of the Agricultural ‘‘(5) review, coordinate, and monitor plans ‘‘(I) are within the jurisdictional areas of Trade Act of 1978 (7 U.S.C. 5602).’’. and programs developed in the public and an Oklahoma Indian tribe (as determined by SEC. 613. HUBZONE REDESIGNATED AREAS. private sectors that affect the ability of the Secretary of the Interior); and Section 3(p) of the Small Business Act (15 women-owned small business concerns to ob- ‘‘(II) are recognized by the Secretary of the U.S.C. 632(p)) is amended— tain capital and credit; Interior as eligible for trust land status (1) in paragraph (1)— ‘‘(6) work with— under part 151 of title 25, Code of Federal (A) in subparagraph (B), by striking ‘‘or’’ ‘‘(A) the Federal agencies for the purpose Regulations (as in effect on the date of en- at the end; of assisting them in meeting the 5 percent actment of this paragraph).’’. (B) in subparagraph (C), by striking the pe- women’s procurement goal established under Subtitle B—Other HUBZone Provisions riod at the end and inserting ‘‘; or’’; and section 15(g) of the Small Business Act; and SEC. 611. DEFINITIONS. (C) by adding at the end the following: ‘‘(B) the private sector in increasing con- (a) QUALIFIED CENSUS TRACT.—Section ‘‘(D) redesignated areas.’’; and tracting opportunities for women-owned 3(p)(4)(A) of the Small Business Act (15 (2) in paragraph (4), by adding at the end small business concerns; U.S.C. 632(p)(4)(A)) is amended by striking the following: ‘‘(7) promote and assist in the development ‘‘(I)’’. ‘‘(C) REDESIGNATED AREA.—The term ‘re- of a women’s business census and other sta- (b) QUALIFIED NONMETROPOLITAN COUNTY.— designated area’ means any census tract that tistical surveys of women-owned small busi- Section 3(p)(4) of the Small Business Act (15 ceases to be qualified under subparagraph (A) ness concerns; U.S.C. 632(p)(4)) is amended by striking sub- and any nonmetropolitan county that ceases ‘‘(8) support new and ongoing research on paragraph (B) and inserting the following: to be qualified under subparagraph (B), ex- women-owned small business concerns; ‘‘(B) QUALIFIED NONMETROPOLITAN COUN- cept that a census tract or a nonmetropoli- ‘‘(9) monitor and promote the plans, pro- TY.—The term ‘qualified nonmetropolitan tan county may be a ‘redesignated area’ only grams, and operations of the departments county’ means any county— for the 3-year period following the date on and agencies of the Federal Government that ‘‘(i) that was not located in a metropolitan which the census tract or nonmetropolitan may contribute to the establishment and statistical area (as defined in section county ceased to be so qualified.’’. growth of women’s business enterprise;

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9629 ‘‘(10) develop and promote new initiatives, ‘‘SEC. 409. STATE AND LOCAL ECONOMIC NET- bility of a small business concern that ap- policies, programs, and plans designed to fos- WORKS. plies for assistance under any credit program ter women’s business enterprise; and ‘‘The Council shall work with State and under this Act shall be determined without ‘‘(11) advise and consult with State and local officials and business leaders to develop regard to any ownership interest of a spouse local leaders to develop and implement pro- the infrastructure for women’s business en- arising solely from the application of the grams and policies that promote women’s terprise for the purpose of increasing wom- community property laws of a State for pur- business ownership. en’s effectiveness in shaping the economic poses of determining marital interests.’’. ‘‘(b) INTERACTION WITH THE INTERAGENCY agendas of their States and communities.’’. (b) SMALL BUSINESS INVESTMENT ACT OF COMMITTEE ON WOMEN’S BUSINESS ENTER- SEC. 705. STUDIES AND OTHER RESEARCH. 1958.—Section 502 of the Small Business In- PRISE.—The Council shall— Section 410 of the Women’s Business Own- vestment Act of 1958 (15 U.S.C. 696) is amend- ‘‘(1) advise the Interagency Committee on ership Act of 1988 (15 U.S.C. 631 note) is ed by adding at the end the following: Women’s Business Enterprise (in this section amended to read as follows: ‘‘(6) OWNERSHIP REQUIREMENTS.—Ownership referred to as the ‘Committee’) on matters ‘‘SEC. 410. STUDIES, OTHER RESEARCH, AND requirements to determine the eligibility of relating to the activities, functions, and ISSUE INITIATIVES. a small business concern that applies for as- policies of the Committee, as provided in ‘‘(a) IN GENERAL.— sistance under any credit program under this this title; and ‘‘(1) AUTHORITY.—The Council may, as it title shall be determined without regard to ‘‘(2) meet jointly with the Committee at determines to be appropriate, conduct such any ownership interest of a spouse arising the discretion of the chairperson of the studies, research, and issue initiatives relat- solely from the application of the commu- Council and the chairperson of the Com- ing to— nity property laws of a State for purposes of mittee, but not less frequently than bian- ‘‘(A) the award of Federal, State, local, and determining marital interests.’’. nually. private sector prime contracts and sub- SEC. 803. SUBCONTRACTING PREFERENCE FOR ‘‘(c) MEETINGS.—The Council shall meet contracts to women-owned businesses; and VETERANS. separately at such times as the Council ‘‘(B) access to credit and investment cap- Section 8(d) of the Small Business Act (15 deems necessary. A majority of the members ital by women entrepreneurs and business U.S.C. 637(d)) is amended— of the Council shall constitute a quorum for development assistance programs, including (1) in paragraph (1), by inserting ‘‘small the approval of recommendations or reports the identification of best practices. business concerns owned and controlled by issued pursuant to this section. ‘‘(2) PURPOSES.—Studies, research, and veterans,’’ after ‘‘small business concerns,’’ ‘‘(d) RECOMMENDATIONS AND REPORTS .— issue initiatives may be conducted under the first place that term appears in each of ‘‘(1) IN GENERAL.—Not later than 90 days paragraph (1) for purposes including— the first and second sentences; after the last day of each fiscal year, the ‘‘(A) identification of several focused out- (2) in paragraph (3)— Council shall— reach initiatives in nontraditional industry (A) in subparagraph (A), by inserting ‘‘(A) make recommendations for consider- sectors for the purpose of increasing con- ‘‘small business concerns owned and con- ation by the Committee; and tract awards to women in those areas; trolled by service-disabled veterans,’’ after ‘‘(B) submit a report to the President, the ‘‘(B) supporting the growth and prolifera- ‘‘small business concerns owned and con- Committee, the Administrator, the Com- tion of programs designed to prepare women trolled by veterans,’’ in each of the first and mittee on Small Business of the Senate, and to successfully access the equity capital second sentences; and the Committee on Small Business of the markets; (B) in subparagraph (F), by inserting House of Representatives, as described in ‘‘(C) continuing to identify and report on ‘‘small business concern owned and con- paragraph (2). financial best practices that have worked to trolled by service-disabled veterans,’’ after ‘‘(2) CONTENTS OF REPORTS.—The reports re- increase credit and capital availability to ‘‘small business concern owned and con- quired by paragraph (1) shall contain— women business owners; and trolled by veterans,’’; and ‘‘(A) a detailed description of the activities ‘‘(D) working with Women’s Business Cen- (3) in each of paragraphs (4)(D), (4)(E), of the Council during the preceding fiscal ters to develop programs and coordinate ac- (6)(A), (6)(C), (6)(F), and (10)(B), by inserting year, including a status report on the tivities. ‘‘small business concerns owned and con- progress of the Council toward meeting its ‘‘(b) CONTRACT AUTHORITY.—In conducting trolled by service-disabled veterans,’’ after duties under subsections (a); any study or other research under this sec- ‘‘small business concerns owned and con- ‘‘(B) the findings, conclusions, and rec- tion, the Council may contract with 1 or trolled by veterans,’’. ommendations of the Council; and more public or private entities.’’. SEC. 804. SMALL BUSINESS DEVELOPMENT CEN- ‘‘(C) the recommendations of the Council SEC. 706. AUTHORIZATION OF APPROPRIATIONS. for such legislation and administrative ac- TER PROGRAM FUNDING. Section 411 of the Women’s Business Own- (a) AUTHORIZATION.— tions as the Council considers to be appro- ership Act of 1988 (15 U.S.C. 631 note) is priate to promote the development of small (1) IN GENERAL.—Section 20(a)(1) of the amended to read as follows: Small Business Act (15 U.S.C. 631 note) is business concerns owned and controlled by ‘‘SEC. 411. AUTHORIZATION OF APPROPRIATIONS. women. amended by striking ‘‘For fiscal year 1985’’ ‘‘(a) IN GENERAL.—There is authorized to ‘‘(e) SEPARATE SUBMISSIONS.—The Adminis- and all that follows through ‘‘expended.’’ and be appropriated to carry out this title trator shall submit any additional, concur- inserting the following: ‘‘For fiscal year 2000 $1,000,000, for each of fiscal years 2001 ring, or dissenting views or recommenda- and each fiscal year thereafter, there are au- through 2003, of which $550,000 shall be avail- tions to the President, the Committee, and thorized to be appropriated such sums as able in each such fiscal year to carry out sec- the Congress separately from any rec- may be necessary and appropriate, to remain tions 409 and 410. ommendations or report submitted by the available until expended, and to be available ‘‘(b) BUDGET REVIEW.—No amount made Council under this section.’’. solely— available under this section for any fiscal ‘‘(A) to carry out the Small Business De- SEC. 703. MEMBERSHIP OF THE COUNCIL. year may be obligated or expended by the Section 407 of the Women’s Business Own- velopment Center Program under section 21, Council before the date on which the Council ership Act of 1988 (15 U.S.C. 631 note) is but not to exceed the annual funding level, reviews and approves the operating budget of amended— as specified in section 21(a); the Council to carry out the responsibilities (1) in subsection (a), by striking ‘‘Not ‘‘(B) to pay the expenses of the National of the Council for that fiscal year.’’. later’’ and all that follows through ‘‘the Small Business Development Center Advi- President’’ and inserting ‘‘The President’’; TITLE VIII—MISCELLANEOUS PROVISIONS sory Board, as provided in section 21(i); (2) in subsection (b)— SEC. 801. LOAN APPLICATION PROCESSING. ‘‘(C) to pay the expenses of the information (A) by striking ‘‘Not later’’ and all that (a) STUDY.—The Administrator of the sharing system, as provided in section follows through ‘‘the Administrator’’ and in- Small Business Administration shall conduct 21(c)(8); serting ‘‘The Administrator’’; and a study to determine the average time that ‘‘(D) to pay the expenses of the association (B) by striking ‘‘the Assistant Adminis- the Administration requires to process an referred to in section 21(a)(3)(A) for con- trator of the Office of Women’s Business application for each type of loan or loan ducting the certification program, as pro- Ownership and’’; guarantee made under the Small Business vided in section 21(k)(2); and (3) in subsection (d), by striking ‘‘, except Act (15 U.S.C. 631 et seq.). ‘‘(E) to pay the expenses of the Adminis- that’’ and all that follows through the end of (b) TRANSMITTAL.—Not later than 1 year tration, including salaries of examiners, for the subsection and inserting a period; and after the date of enactment of this Act, the conducting examinations as part of the cer- (4) in subsection (h), by striking ‘‘Not Administrator shall transmit to Congress tification program conducted by the associa- later’’ and all that follows through ‘‘the Ad- the results of the study conducted under sub- tion referred to in section 21(a)(3)(A).’’. ministrator’’ and inserting ‘‘The Adminis- section (a). (2) TECHNICAL AMENDMENT.—Section 20(a) trator’’. SEC. 802. APPLICATION OF OWNERSHIP RE- of the Small Business Act (15 U.S.C. 631 note) SEC. 704. REPEAL OF PROCUREMENT PROJECT; QUIREMENTS. is amended by moving the margins of para- STATE AND LOCAL ECONOMIC NET- (a) SMALL BUSINESS ACT.—Section 7(a) of graphs (3) and (4), including subparagraphs WORKS. the Small Business Act (15 U.S.C. 636(a)) is (A) and (B) of paragraph (4), 2 ems to the left. Section 409 of the Women’s Business Own- amended by adding at the end the following: (b) FUNDING FORMULA.—Section 21(a)(4)(C) ership Act of 1988 (15 U.S.C. 631 note) is ‘‘(29) OWNERSHIP REQUIREMENTS.—Owner- of the Small Business Act (15 U.S.C. amended to read as follows: ship requirements to determine the eligi- 648(a)(4)(C)) is amended to read as follows:

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‘‘(C) FUNDING FORMULA.— amount of the grant to the amount received plication to the Small Business Administra- ‘‘(i) IN GENERAL.—Subject to clause (iii), by that State in fiscal year 2000, or until tion for emergency or disaster loan assist- the amount of a formula grant received by a such funds are exhausted, whichever first oc- ance that was pending on or after April 1, State under this subparagraph shall be equal curs. 1999. to an amount determined in accordance with ‘‘(II) If any funds remain after the applica- SEC. 807. NATIVE AMERICAN SMALL BUSINESS the following formula: tion of subclause (I), the remaining amount DEVELOPMENT CENTERS. ‘‘(I) The annual amount made available may be distributed as supplemental grants (a) IN GENERAL.—The Small Business Act under section 20(a) for the Small Business to any State, as the Administration deter- (15 U.S.C. 631 et seq.) is amended by inserting Development Center Program, less any re- mines, in its discretion, to be appropriate, after section 21A the following: ductions made for expenses authorized by after consultation with the association re- ‘‘SEC. 21B. NATIVE AMERICAN SMALL BUSINESS clause (v) of this subparagraph, shall be di- ferred to in subsection (a)(3)(A). DEVELOPMENT CENTER NETWORK. vided on a pro rata basis, based on the per- ‘‘(v) USE OF AMOUNTS.— ‘‘(a) DEFINITIONS.—In this section— centage of the population of each State, as ‘‘(I) IN GENERAL.—Of the amounts made ‘‘(1) the term ‘Alaska Native’ means a Na- compared to the population of the United available in any fiscal year to carry out this tive (as such term is defined in section 3(b) of States. section— the Alaska Native Claims Settlement Act (43 ‘‘(II) If the pro rata amount calculated ‘‘(aa) not more than $500,000 may be used U.S.C. 1602(b))); under subclause (I) for any State is less than by the Administration to pay expenses enu- ‘‘(2) the term ‘Indian tribe’ has the same the minimum funding level under clause merated in subparagraphs (B) through (D) of meaning as in section 4(e) of the Indian Self- (iii), the Administration shall determine the section 20(a)(1); and Determination and Education Assistance Act aggregate amount necessary to achieve that ‘‘(bb) not more than $500,000 may be used (25 U.S.C. 450b(e)); minimum funding level for each such State. by the Administration to pay the examina- ‘‘(3) the terms ‘Native American Small ‘‘(III) The aggregate amount calculated tion expenses enumerated in section Business Development Center Network’ and under subclause (II) shall be deducted from 20(a)(1)(E). ‘Network’ mean 1 lead center small business the amount calculated under subclause (I) ‘‘(II) LIMITATION.—No funds described in development center with satellite locations for States eligible to receive more than the subclause (I) may be used for examination located on Alaska Native, Indian, or Native minimum funding level. The deductions shall expenses under section 20(a)(1)(E) if the Hawaiian lands; be made on a pro rata basis, based on the usage would reduce the amount of grants population of each such State, as compared ‘‘(4) the terms ‘Native Hawaiian’ and ‘Na- made available under clause (i)(I) of this sub- tive Hawaiian Organization’ have the same to the total population of all such States. paragraph to less than $85,000,000 (after ex- ‘‘(IV) The aggregate amount deducted meanings as in paragraphs (1) and (3), respec- cluding any amounts provided in appropria- tively, of section 9212 of the Native Hawaiian under subclause (III) shall be added to the tions Acts for specific institutions or for pur- grants of those States that are not eligible Education Act (20 U.S.C. 7912) and section poses other than the general small business 8(a)(15) of this Act; to receive more than the minimum funding development center program) or would fur- level in order to achieve the minimum fund- ‘‘(5) the term ‘Indian lands’ includes lands ther reduce the amount of such grants below within the definition of— ing level for each such State, except that the such amount. eligible amount of a grant to any State shall ‘‘(A) the term ‘Indian country’, as defined ‘‘(vi) EXCLUSIONS.—Grants provided to a not be reduced to an amount below the min- in section 1151 of title 18, United States State by the Administration or another Fed- imum funding level. Code; and eral agency to carry out subsection (a)(6) or ‘‘(ii) GRANT DETERMINATION.—The amount ‘‘(B) the term ‘reservation’, as defined in— (c)(3)(G), or for supplemental grants set forth of a grant that a State is eligible to apply for ‘‘(i) section 3(d) of the Indian Financing in clause (iv)(II) of this subparagraph, shall under this subparagraph shall be the amount Act of 1974 (25 U.S.C. 1452(d)), except that not be included in the calculation of max- determined under clause (i), subject to any such section shall be applied by treating the imum funding for a State under clause (ii) of modifications required under clause (iii), and term ‘former Indian reservations in Okla- this subparagraph. shall be based on the amount available for homa’ as including only lands that are with- ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— the fiscal year in which performance of the in the jurisdictional area of an Oklahoma In- There is authorized to be appropriated to grant commences, but not including dian Tribe (as determined by the Secretary amounts distributed in accordance with carry out this subparagraph $125,000,000 for of the Interior) and are recognized by the clause (iv). The amount of a grant received each of fiscal years 2001, 2002, and 2003. Secretary of the Interior as eligible for trust by a State under any provision of this sub- ‘‘(viii) STATE DEFINED.—In this subpara- land status under part 151 of title 25, Code of paragraph shall not exceed the amount of graph, the term ‘State’ means each of the Federal Regulations, as in effect on the date matching funds from sources other than the several States, the District of Columbia, the of enactment of this section; and Federal Government, as required under sub- Commonwealth of Puerto Rico, the Virgin ‘‘(ii) section 4(10) of the Indian Child Wel- paragraph (A). Islands, Guam, and American Samoa.’’. fare Act (25 U.S.C. 1903(10)); ‘‘(iii) MINIMUM FUNDING LEVEL.—The SEC. 805. SURETY BONDS. ‘‘(6) the term ‘Tribal Business Information amount of the minimum funding level for (a) CONTRACT AMOUNTS.—Section 411 of the Center’ means a business information center each State shall be determined for each fis- Small Business Investment Act of 1958 (15 established by the Administration and a cal year based on the amount made available U.S.C. 694b) is amended— tribal organization on Alaska Native, Indian, for that fiscal year to carry out this section, (1) in subsection (a)(1), by striking or Native Hawaiian lands, as authorized by as follows: ‘‘$1,250,000’’ and inserting ‘‘$2,000,000’’; and this section; ‘‘(I) If the amount made available is not (2) in subsection (e)(2), by striking ‘‘(7) the terms ‘Tribal Electronic Com- less than $81,500,000 and not more than ‘‘$1,250,000’’ and inserting ‘‘$2,000,000’’. merce Small Business Resource Center’ and $90,000,000, the minimum funding level shall (b) EXTENSION OF CERTAIN AUTHORITY.— ‘Resource Center’ mean an information shar- be $500,000. Section 207 of the Small Business Adminis- ing system and resource center providing re- ‘‘(II) If the amount made available is less tration Reauthorization and Amendment Act search and resources to the Network, as au- than $81,500,000, the minimum funding level of 1988 (15 U.S.C. 694b note) is amended by thorized by this section; and shall be the remainder of $500,000 minus a striking ‘‘2000’’ and inserting ‘‘2003’’. ‘‘(8) the term ‘tribal organization’ has the percentage of $500,000 equal to the percent- SEC. 806. SIZE STANDARDS. same meaning as in section 4(1) of the Indian age amount by which the amount made (a) INDUSTRY CLASSIFICATIONS.—Section Self-Determination and Education Assist- available is less than $81,500,000. 15(a) of the Small Business Act (15 U.S.C. ance Act (25 U.S.C. 450b(1)), except for the ‘‘(III) If the amount made available is more 644(a)) is amended in the eighth sentence, by proviso contained in that paragraph, and in- than $90,000,000, the minimum funding level striking ‘‘four-digit standard’’ and all that cludes Native Hawaiian Organizations and shall be the sum of $500,000 plus a percentage follows through ‘‘published’’ and inserting organizations of Alaska Natives. of $500,000 equal to the percentage amount by ‘‘definition of a ‘United States industry’ ‘‘(b) AUTHORITY FOR NETWORK.— which the amount made available exceeds under the North American Industry Classi- ‘‘(1) IN GENERAL.—The Administration may $90,000,000. fication System, as established’’. establish a Native American Small Business ‘‘(iv) DISTRIBUTIONS.—Subject to clause (b) ANNUAL RECEIPTS.—Section 3(a)(1) of Development Center Network and a Tribal (iii), if any State does not apply for, or use, the Small Business Act (15 U.S.C. 632(a)(1)) is Electronic Commerce Small Business Re- its full funding eligibility for a fiscal year, amended by striking ‘‘$500,000’’ and inserting source Center. the Administration shall distribute the re- ‘‘$750,000’’. ‘‘(2) PURPOSE.—The purpose of the Network maining funds as follows: (c) CERTAIN PACKING HOUSES.— shall be to stimulate Alaska Native, Indian, ‘‘(I) If the grant to any State is less than (1) IN GENERAL.—Section 3(a)(1) of the and Native Hawaiian economies through the the amount received by that State in fiscal Small Business Act (15 U.S.C. 632(a)(1)) is creation and expansion of small businesses. year 2000, the Administration shall dis- amended by inserting before the period the ‘‘(3) ESTABLISHMENT.—The Administration tribute such remaining funds, on a pro rata following: ‘‘and, in the case of an enterprise may provide 1 or more contracts, grants, and basis, based on the percentage of shortage of that is a fresh fruit and vegetable packing cooperative agreements to any established each such State, as compared to the total house, has not more than 200 employees’’. tribal organization to establish the Network amount of such remaining funds available, to (2) EFFECTIVE DATE.—The amendment and the Resource Center. Awards made under the extent necessary in order to increase the made by paragraph (1) shall apply to any ap- this section may be subgranted.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9631 ‘‘(c) USES OF ASSISTANCE.—Services pro- MEASURE READ THE FIRST Sec. 303. Maximum debenture size. vided by the Network shall include— TIME—S. 3146 Sec. 304. Fees. ‘‘(1) providing current business manage- Sec. 305. Premier certified lenders program. ment and technical assistance in a cost-ef- Mr. KYL. Mr. President, I understand Sec. 306. Sale of certain defaulted loans. Sec. 307. Loan liquidation. fective and culturally tailored manner that that S. 3146 is at the desk. I ask for its primarily serves Alaska Natives, members of first reading. TITLE IV—CORRECTIONS TO THE SMALL Indian tribes, or Native Hawaiians; The PRESIDING OFFICER. The BUSINESS INVESTMENT ACT OF 1958 ‘‘(2) providing Tribal Business Information clerk will report the bill by title. Sec. 401. Short title. Sec. 402. Definitions. Centers with current electronic commerce The legislative clerk read as follows: information, training, and other forms of Sec. 403. Investment in small business invest- A bill (S. 3146) to preserve the sovereignty technical assistance; ment companies. of the United States over public lands and Sec. 404. Subsidy fees. ‘‘(3) supporting the Resource Center; and acquired lands owned by the United States, Sec. 405. Distributions. ‘‘(4) providing any of the services that a and to preserve State sovereignty and pri- Sec. 406. Conforming amendment. small business development center may pro- vate property rights in non-Federal lands TITLE V—REAUTHORIZATION OF SMALL vide under section 21. surrounding those public lands and acquired BUSINESS PROGRAMS ‘‘(d) GRANT AND COOPERATIVE AGREEMENT lands. Sec. 501. Short title. MATCHING REQUIREMENT.— Mr. KYL. Mr. President, I now ask Sec. 502. Reauthorization of small business pro- ‘‘(1) IN GENERAL.—As a condition for receiv- grams. ing a contract, grant, or cooperative agree- for its second reading and object to my Sec. 503. Additional reauthorizations. ment authorized by this section, the recipi- own request. TITLE VI—MISCELLANEOUS PROVISIONS ent organization shall agree to obtain, after The PRESIDING OFFICER. Objec- Sec. 601. Loan application processing. its application has been approved and notice tion is heard. Sec. 602. Application of ownership require- of award has been issued, cash or in kind f ments. contributions from non-Federal sources as Sec. 603. Eligibility for HUBZone program. follows: SMALL BUSINESS INNOVATION RE- Sec. 604. Subcontracting preference for vet- ‘‘(A) One non-Federal dollar for each 4 Fed- SEARCH PROGRAM AUTHORIZA- erans. Sec. 605. Small business development center eral dollars in the first and second years of TION ACT OF 2000 the term of the assistance. program funding. ‘‘(B) One non-Federal dollar for each 3 Fed- Mr. KYL. Mr. President, I ask unani- Sec. 606. Surety bonds. eral dollars in the third and fourth years of mous consent that the Chair lay before TITLE I—SMALL BUSINESS INNOVATION the term of the assistance. the Senate a message from the House RESEARCH PROGRAM ‘‘(C) One non-Federal dollar for each Fed- of Representatives on the bill, H.R. SEC. 101. SHORT TITLE. eral dollar in the fifth and succeeding years 2392, an act to amend the Small Busi- (a) SHORT TITLE.—This title may be cited as of the term of the assistance. ness Act to extend the authorization the ‘‘Small Business Innovation Research Pro- ‘‘(2) WAIVER.—The Administration may gram Reauthorization Act of 2000’’. for the Small Business Innovation Re- waive or reduce the matching funds require- SEC. 102. FINDINGS. ments in paragraph (1) with respect to a re- search program, and for other pur- Congress finds that— cipient organization if the Administration poses. (1) the small business innovation research pro- determines that such action is consistent There being no objection, the Pre- gram established under the Small Business In- with the purposes of this section and in the siding Officer laid before the Senate novation Development Act of 1982, and reau- best interests of the program authorized by the following message from the House thorized by the Small Business Research and this section. of Representatives: Development Enhancement Act of 1992 (in this ‘‘(3) EXCEPTION.—The matching funds re- Act referred to as the ‘‘SBIR program’’) is high- quirement of paragraph (1) does not apply to Resolved, That the House agree to the ly successful in involving small businesses in contracts, grants, or cooperative agreements amendment of the Senate to the bill (H.R. federally funded research and development; made to a tribal organization for the Re- 2392) entitled ‘‘An Act to amend the Small (2) the SBIR program made the cost-effective source Center. Business Act to extend the authorization for and unique research and development capabili- the Small Business Innovation Research Pro- ties possessed by the small businesses of the Na- ‘‘(e) AUTHORIZATION.—There is authorized gram, and for other purposes,’’ with the fol- tion available to Federal agencies and depart- to be appropriated— lowing amendment: ments; ‘‘(1) to carry out this section, $3,000,000 for SECTION 1. TABLE OF CONTENTS. (3) the innovative goods and services devel- fiscal year 2001 and each subsequent fiscal The table of contents for this Act is as follows: oped by small businesses that participated in the year; and Sec. 1. Table of contents. SBIR program have produced innovations of ‘‘(2) to fund the establishment and imple- critical importance in a wide variety of high- mentation of one Resource Center under the TITLE I—SMALL BUSINESS INNOVATION technology fields, including biology, medicine, authority of this section, $500,000 for fiscal RESEARCH PROGRAM education, and defense; year 2001 and each subsequent fiscal year.’’. Sec. 101. Short title. (4) the SBIR program is a catalyst in the pro- (b) NATIVE HAWAIIAN ORGANIZATIONS UNDER Sec. 102. Findings. motion of research and development, the com- SECTION 8(a).—Section 8(a)(15)(A) of the Sec. 103. Extension of SBIR program. mercialization of innovative technology, the de- Small Business Act (15 U.S.C. 637(a)(15)(A)) is Sec. 104. Annual report. velopment of new products and services, and the amended to read as follows: Sec. 105. Third phase assistance. continued excellence of this Nation’s high-tech- ‘‘(A) is a nonprofit corporation that has Sec. 106. Report on programs for annual per- nology industries; and (5) the continuation of the SBIR program will filed articles of incorporation with the direc- formance plan. provide expanded opportunities for one of the tor (or the designee thereof) of the Hawaii Sec. 107. Output and outcome data. Nation’s vital resources, its small businesses, Department of Commerce and Consumer Af- Sec. 108. National Research Council reports. will foster invention, research, and technology, fairs, or any successor agency,’’. Sec. 109. Federal agency expenditures for the SBIR program. will create jobs, and will increase this Nation’s Sec. 110. Policy directive modifications. competitiveness in international markets. f Sec. 111. Federal and State technology partner- SEC. 103. EXTENSION OF SBIR PROGRAM. ship program. Section 9(m) of the Small Business Act (15 NOTICES OF HEARINGS Sec. 112. Mentoring networks. U.S.C. 638(m)) is amended to read as follows: Sec. 113. Simplified reporting requirements. ‘‘(m) TERMINATION.—The authorization to COMMITTEE ON INDIAN AFFAIRS Sec. 114. Rural outreach program extension. carry out the Small Business Innovation Re- search Program established under this section Mr. CAMPBELL. Mr. President, I TITLE II—GENERAL BUSINESS LOAN PROGRAM shall terminate on September 30, 2008.’’. would like to announce that the Com- SEC. 104. ANNUAL REPORT. Sec. 201. Short title. Section 9(b)(7) of the Small Business Act (15 mittee on Indian Affairs will meet on Sec. 202. Levels of participation. Wednesday, October 4, 2000, at 9:30 a.m. U.S.C. 638(b)(7)) is amended by striking ‘‘and Sec. 203. Loan amounts. the Committee on Small Business of the House in room 366 of the Dirksen Senate Sec. 204. Interest on defaulted loans. of Representatives’’ and inserting ‘‘, and to the Building to conduct an oversight hear- Sec. 205. Prepayment of loans. Committee on Science and the Committee on ing on alcohol and law enforcement in Sec. 206. Guarantee fees. Small Business of the House of Representa- Sec. 207. Lease terms. Alaska. tives,’’. TITLE III—CERTIFIED DEVELOPMENT SEC. 105. THIRD PHASE ASSISTANCE. Those wishing additional information COMPANY PROGRAM Section 9(e)(4)(C)(i) of the Small Business Act may contact committee staff at 202/224– Sec. 301. Short title. (15 U.S.C. 638(e)(4)(C)(i)) is amended by striking 2251. Sec. 302. Women-owned businesses. ‘‘; and’’ and inserting ‘‘; or’’.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9632 CONGRESSIONAL RECORD — SENATE October 2, 2000 SEC. 106. REPORT ON PROGRAMS FOR ANNUAL phase SBIR or STTR awards, to further the re- gram, including the economic rate of return, PERFORMANCE PLAN. search and development conducted under the and a comparison of the economic benefits, in- Section 9(g) of the Small Business Act (15 award; and cluding the economic rate of return, achieved by U.S.C. 638(g)) is amended— ‘‘(iii) any other information received in con- the SBIR program with the economic benefits, (1) in paragraph (7), by striking ‘‘and’’ at the nection with the award that the Administrator, including the economic rate of return, of other end; in conjunction with the SBIR program man- Federal research and development expenditures; (2) in paragraph (8), by striking the period at agers of Federal agencies, considers relevant (C) an evaluation of the noneconomic benefits the end and inserting a semicolon; and and appropriate; achieved by the SBIR program over the life of (3) by adding at the end the following new ‘‘(B) includes any narrative information that the program; paragraph: a small business concern receiving a second (D) a comparison of the allocation for fiscal ‘‘(9) include, as part of its annual perform- phase award voluntarily submits to further de- year 2000 of Federal research and development ance plan as required by subsections (a) and (b) scribe the outputs and outcomes of its awards; funds to small businesses with such allocation of section 1115 of title 31, United States Code, a ‘‘(C) includes for each applicant for a first for fiscal year 1983, and an analysis of the fac- section on its SBIR program, and shall submit phase or second phase award that does not re- tors that have contributed to such allocation; such section to the Committee on Small Business ceive such an award— and of the Senate, and the Committee on Science ‘‘(i) the name, size, and location, and an iden- (E) an analysis of whether Federal agencies, and the Committee on Small Business of the tifying number assigned by the Administration; in fulfilling their procurement needs, are mak- House of Representatives; and’’. ‘‘(ii) an abstract of the project; and ing sufficient effort to use small businesses that ‘‘(iii) the Federal agency to which the appli- SEC. 107. OUTPUT AND OUTCOME DATA. have completed a second phase award under the cation was made; (a) COLLECTION.—Section 9(g) of the Small SBIR program; and ‘‘(D) includes any other data collected by or Business Act (15 U.S.C. 638(g)), as amended by (2) make recommendations with respect to— available to any Federal agency that such agen- section 106 of this Act, is further amended by (A) measures of outcomes for strategic plans cy considers may be useful for SBIR program adding at the end the following new paragraph: submitted under section 306 of title 5, United evaluation; and States Code, and performance plans submitted ‘‘(10) collect, and maintain in a common for- ‘‘(E) is available for use solely for program mat in accordance with subsection (v), such in- under section 1115 of title 31, United States evaluation purposes by the Federal Government Code, of each Federal agency participating in formation from awardees as is necessary to as- or, in accordance with policy directives issued sess the SBIR program, including information the SBIR program; by the Administration, by other authorized per- (B) whether companies who can demonstrate necessary to maintain the database described in sons who are subject to a use and nondisclosure subsection (k).’’. project feasibility, but who have not received a agreement with the Federal Government cov- first phase award, should be eligible for second (b) REPORT TO CONGRESS.—Section 9(b)(7) of ering the use of the database. the Small Business Act (15 U.S.C. 638(b)(7)), as phase awards, and the potential impact of such ‘‘(3) UPDATING INFORMATION FOR DATABASE.— awards on the competitive selection process of amended by section 104 of this Act, is further ‘‘(A) IN GENERAL.—A small business concern amended by inserting before the period at the the program; applying for a second phase award under this (C) whether the Federal Government should end ‘‘, including the data on output and out- section shall be required to update information be permitted to recoup some or all of its expenses comes collected pursuant to subsections (g)(10) in the database established under this sub- if a controlling interest in a company receiving and (o)(9), and a description of the extent to section for any prior second phase award re- an SBIR award is sold to a foreign company or which Federal agencies are providing in a time- ceived by that small business concern. In com- to a company that is not a small business con- ly manner information needed to maintain the plying with this paragraph, a small business cern; database described in subsection (k)’’. concern may apportion sales or additional in- (D) how to increase the use by the Federal (c) DATABASE.—Section 9(k) of the Small Busi- vestment information relating to more than one Government in its programs and procurements ness Act (15 U.S.C. 638(k)) is amended to read as second phase award among those awards, if it of technology-oriented small businesses; and follows: notes the apportionment for each award. (E) improvements to the SBIR program, if any ‘‘(k) DATABASE.— ‘‘(B) ANNUAL UPDATES UPON TERMINATION.—A are considered appropriate. ‘‘(1) PUBLIC DATABASE.—Not later than 180 small business concern receiving a second phase (b) PARTICIPATION BY SMALL BUSINESS.— days after the date of the enactment of the award under this section shall— (1) IN GENERAL.—In a manner consistent with Small Business Innovation Research Program ‘‘(i) update information in the database con- law and with National Research Council study Reauthorization Act of 2000, the Administrator cerning that award at the termination of the guidelines and procedures, knowledgeable indi- shall develop, maintain, and make available to award period; and viduals from the small business community with the public a searchable, up-to-date, electronic ‘‘(ii) be requested to voluntarily update such experience in the SBIR program shall be in- database that includes— information annually thereafter for a period of cluded— ‘‘(A) the name, size, location, and an identi- 5 years. (A) in any panel established by the National fying number assigned by the Administrator, of ‘‘(4) PROTECTION OF INFORMATION.—Informa- Research Council for the purpose of performing each small business concern that has received a tion provided under paragraph (2) shall be con- the study conducted under this section; and first phase or second phase SBIR award from a sidered privileged and confidential and not sub- (B) among those who are asked by the Na- Federal agency; ject to disclosure pursuant to section 552 of title tional Research Council to peer review the ‘‘(B) a description of each first phase or sec- 5, United States Code. study. ond phase SBIR award received by that small ‘‘(5) RULE OF CONSTRUCTION.—Inclusion of in- (2) CONSULTATION.—To ensure that the con- business concern, including— formation in the database under this subsection cerns of small business are appropriately consid- ‘‘(i) an abstract of the project funded by the shall not be considered to be publication for ered under this subsection, the National Re- award, excluding any proprietary information purposes of subsection (a) or (b) of section 102 of search Council shall consult with and consider so identified by the small business concern; title 35, United States Code.’’. the views of the Office of Technology and the ‘‘(ii) the Federal agency making the award; SEC. 108. NATIONAL RESEARCH COUNCIL RE- Office of Advocacy of the Small Business Ad- and PORTS. ministration and other interested parties, in- ‘‘(iii) the date and amount of the award; (a) STUDY AND RECOMMENDATIONS.—The head cluding entities, organizations, and individuals ‘‘(C) an identification of any business concern of each agency with a budget of more than actively engaged in enhancing or developing the or subsidiary established for the commercial ap- $50,000,000 for its SBIR program for fiscal year technological capabilities of small business con- plication of a product or service for which an 1999, in consultation with the Small Business cerns. SBIR award is made; and Administration, shall, not later than 6 months (c) PROGRESS REPORTS.—The National Re- ‘‘(D) information regarding mentors and Men- after the date of the enactment of this Act, co- search Council shall provide semiannual toring Networks, as required by section 35(d). operatively enter into an agreement with the progress reports on the study conducted under ‘‘(2) GOVERNMENT DATABASE.—Not later than National Academy of Sciences for the National this section to the Committee on Science and the 180 days after the date of the enactment of the Research Council to— Committee on Small Business of the House of Small Business Innovation Research Program (1) conduct a comprehensive study of how the Representatives, and to the Committee on Small Reauthorization Act of 2000, the Administrator, SBIR program has stimulated technological in- Business of the Senate. in consultation with Federal agencies required novation and used small businesses to meet Fed- (d) REPORT.—The National Research Council to have an SBIR program pursuant to sub- eral research and development needs, includ- shall transmit to the heads of agencies entering section (f)(1), shall develop and maintain a ing— into an agreement under this section and to the database to be used solely for SBIR program (A) a review of the value to the Federal re- Committee on Science and the Committee on evaluation that— search agencies of the research projects being Small Business of the House of Representatives, ‘‘(A) contains for each second phase award conducted under the SBIR program, and of the and to the Committee on Small Business of the made by a Federal agency— quality of research being conducted by small Senate— ‘‘(i) information collected in accordance with businesses participating under the program, in- (1) not later than 3 years after the date of the paragraph (3) on revenue from the sale of new cluding a comparison of the value of projects enactment of this Act, a report including the re- products or services resulting from the research conducted under the SBIR program to those sults of the study conducted under subsection conducted under the award; funded by other Federal research and develop- (a)(1) and recommendations made under sub- ‘‘(ii) information collected in accordance with ment expenditures; section (a)(2); and paragraph (3) on additional investment from (B) to the extent practicable, an evaluation of (2) not later than 6 years after that date of any source, other than first phase or second the economic benefits achieved by the SBIR pro- the enactment, an update of such report.

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SEC. 109. FEDERAL AGENCY EXPENDITURES FOR (b) FEDERAL AND STATE TECHNOLOGY PART- ‘‘(i) to make grants or loans to companies to THE SBIR PROGRAM. NERSHIP PROGRAM.—The Small Business Act (15 pay a portion or all of the cost of developing Section 9(i) of the Small Business Act (15 U.S.C. 631 et seq.) is amended— SBIR proposals; U.S.C. 638(i)) is amended— (1) by redesignating section 34 as section 36; ‘‘(ii) to establish or operate a Mentoring Net- (1) by striking ‘‘(i) Each Federal’’ and insert- and work within the FAST program to provide busi- ing the following: (2) by inserting after section 33 the following ness advice and counseling that will assist small ‘‘(i) ANNUAL REPORTING.— new section: business concerns that have been identified by ‘‘(1) IN GENERAL.—Each Federal’’; and ‘‘SEC. 34. FEDERAL AND STATE TECHNOLOGY FAST program participants, program managers (2) by adding at the end the following: PARTNERSHIP PROGRAM. of participating SBIR agencies, the Administra- ‘‘(2) CALCULATION OF EXTRAMURAL BUDGET.— ‘‘(a) DEFINITIONS.—In this section and section tion, or other entities that are knowledgeable ‘‘(A) METHODOLOGY.—Not later than 4 months 35, the following definitions apply: about the SBIR and STTR programs as good after the date of the enactment of each appro- ‘‘(1) APPLICANT.—The term ‘applicant’ means candidates for the SBIR and STTR programs, priations Act for a Federal agency required by an entity, organization, or individual that sub- and that would benefit from mentoring, in ac- this section to have an SBIR program, the Fed- mits a proposal for an award or a cooperative cordance with section 35; eral agency shall submit to the Administrator a agreement under this section. ‘‘(iii) to create or participate in a training report, which shall include a description of the ‘‘(2) BUSINESS ADVICE AND COUNSELING.—The program for individuals providing SBIR out- methodology used for calculating the amount of term ‘business advice and counseling’ means reach and assistance at the State and local lev- the extramural budget of that Federal agency. providing advice and assistance on matters de- els; and ‘‘(B) ADMINISTRATOR’S ANALYSIS.—The Ad- scribed in section 35(c)(2)(B) to small business ‘‘(iv) to encourage the commercialization of ministrator shall include an analysis of the concerns to guide them through the SBIR and technology developed through SBIR program methodology received from each Federal agency STTR program process, from application to funding. referred to in subparagraph (A) in the report re- award and successful completion of each phase ‘‘(2) SELECTION CONSIDERATIONS.—In making quired by subsection (b)(7).’’. of the program. awards or entering into cooperative agreements SEC. 110. POLICY DIRECTIVE MODIFICATIONS. ‘‘(3) FAST PROGRAM.—The term ‘FAST pro- under this section, the Administrator and the Section 9(j) of the Small Business Act (15 gram’ means the Federal and State Technology SBIR program managers referred to in para- U.S.C. 638(j)) is amended by adding at the end Partnership Program established under this sec- graph (1)— the following: tion. ‘‘(A) may only consider proposals by appli- ‘‘(3) ADDITIONAL MODIFICATIONS.—Not later ‘‘(4) MENTOR.—The term ‘mentor’ means an cants that intend to use a portion of the Federal than 120 days after the date of the enactment of individual described in section 35(c)(2). assistance provided under this section to provide the Small Business Innovation Research Pro- ‘‘(5) MENTORING NETWORK.—The term ‘Men- outreach, financial support, or technical assist- gram Reauthorization Act of 2000, the Adminis- toring Network’ means an association, organiza- ance to technology-based small business con- trator shall modify the policy directives issued tion, coalition, or other entity (including an in- cerns participating in or interested in partici- pursuant to this subsection— dividual) that meets the requirements of section pating in the SBIR program; and ‘‘(A) to clarify that the rights provided for 35(c). ‘‘(B) shall consider, at a minimum— under paragraph (2)(A) apply to all Federal ‘‘(6) RECIPIENT.—The term ‘recipient’ means a ‘‘(i) whether the applicant has demonstrated funding awards under this section, including person that receives an award or becomes party that the assistance to be provided would address the first phase (as described in subsection to a cooperative agreement under this section. unmet needs of small business concerns in the (e)(4)(A)), the second phase (as described in sub- ‘‘(7) SBIR PROGRAM.—The term ‘SBIR pro- community, and whether it is important to use section (e)(4)(B)), and the third phase (as de- gram’ has the same meaning as in section Federal funding for the proposed activities; scribed in subsection (e)(4)(C)); 9(e)(4). ‘‘(ii) whether the applicant has demonstrated ‘‘(8) STATE.—The term ‘State’ means each of ‘‘(B) to provide for the requirement of a suc- that a need exists to increase the number or suc- the several States, the District of Columbia, the cinct commercialization plan with each applica- cess of small high-technology businesses in the Commonwealth of Puerto Rico, the Virgin Is- tion for a second phase award that is moving to- State, as measured by the number of first phase lands, Guam, and American Samoa. ward commercialization; and second phase SBIR awards that have his- ‘‘(9) STTR PROGRAM.—The term ‘STTR pro- ‘‘(C) to require agencies to report to the Ad- torically been received by small business con- gram’ has the same meaning as in section ministration, not less frequently than annually, cerns in the State; 9(e)(6). ‘‘(iii) whether the projected costs of the pro- all instances in which an agency pursued re- ‘‘(b) ESTABLISHMENT OF PROGRAM.—The Ad- posed activities are reasonable; search, development, or production of a tech- ministrator shall establish a program to be ‘‘(iv) whether the proposal integrates and co- nology developed by a small business concern known as the Federal and State Technology ordinates the proposed activities with other using an award made under the SBIR program Partnership Program, the purpose of which State and local programs assisting small high- of that agency, and determined that it was not shall be to strengthen the technological competi- technology firms in the State; and practicable to enter into a follow-on non-SBIR tiveness of small business concerns in the States. ‘‘(v) the manner in which the applicant will program funding agreement with the small busi- ‘‘(c) GRANTS AND COOPERATIVE AGREE- measure the results of the activities to be con- ness concern, which report shall include, at a MENTS.— ducted. minimum— ‘‘(1) JOINT REVIEW.—In carrying out the FAST ‘‘(3) PROPOSAL LIMIT.—Not more than one ‘‘(i) the reasons why the follow-on funding program under this section, the Administrator proposal may be submitted for inclusion in the agreement with the small business concern was and the SBIR program managers at the Na- FAST program under this section to provide not practicable; tional Science Foundation and the Department services in any one State in any 1 fiscal year. ‘‘(ii) the identity of the entity with which the of Defense shall jointly review proposals sub- ‘‘(4) PROCESS.—Proposals and applications for agency contracted to perform the research, de- mitted by applicants and may make awards or assistance under this section shall be in such velopment, or production; and enter into cooperative agreements under this form and subject to such procedures as the Ad- ‘‘(iii) a description of the type of funding section based on the factors for consideration set ministrator shall establish. agreement under which the research, develop- forth in paragraph (2), in order to enhance or ‘‘(d) COOPERATION AND COORDINATION.—In ment, or production was obtained; and develop in a State— carrying out the FAST program under this sec- ‘‘(D) to implement subsection (v), including ‘‘(A) technology research and development by tion, the Administrator shall cooperate and co- establishing standardized procedures for the small business concerns; ordinate with— provision of information pursuant to subsection ‘‘(B) technology transfer from university re- ‘‘(1) Federal agencies required by section 9 to (k)(3).’’. search to technology-based small business con- have an SBIR program; and SEC. 111. FEDERAL AND STATE TECHNOLOGY cerns; ‘‘(2) entities, organizations, and individuals PARTNERSHIP PROGRAM. ‘‘(C) technology deployment and diffusion actively engaged in enhancing or developing the (a) FINDINGS.—Congress finds that— benefiting small business concerns; technological capabilities of small business con- (1) programs to foster economic development ‘‘(D) the technological capabilities of small cerns, including— among small high-technology firms vary widely business concerns through the establishment or ‘‘(A) State and local development agencies among the States; operation of consortia comprised of entities, or- and entities; (2) States that do not aggressively support the ganizations, or individuals, including— ‘‘(B) State committees established under the development of small high-technology firms, in- ‘‘(i) State and local development agencies and Experimental Program to Stimulate Competitive cluding participation by small business concerns entities; Research of the National Science Foundation in the SBIR program, are at a competitive dis- ‘‘(ii) representatives of technology-based small (as established under section 113 of the National advantage in establishing a business climate business concerns; Science Foundation Authorization Act of 1988 that is conducive to technology development; ‘‘(iii) industries and emerging companies; (42 U.S.C. 1862g)); and ‘‘(iv) universities; and ‘‘(C) State science and technology councils; (3) building stronger national, State, and local ‘‘(v) small business development centers; and and support for science and technology research in ‘‘(E) outreach, financial support, and tech- ‘‘(D) representatives of technology-based small these disadvantaged States will expand eco- nical assistance to technology-based small busi- business concerns. nomic opportunities in the United States, create ness concerns participating in or interested in ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— jobs, and increase the competitiveness of the participating in an SBIR program, including ‘‘(1) COMPETITIVE BASIS.—Awards and cooper- United States in the world market. initiatives— ative agreements under this section shall be

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9634 CONGRESSIONAL RECORD — SENATE October 2, 2000 made or entered into, as applicable, on a com- ‘‘(i) the status of the inclusion of mentoring gram for that fiscal year due to funding re- petitive basis. information in the database required by section straints, from a small business concern located ‘‘(2) MATCHING REQUIREMENTS.— 9(k); and in— ‘‘(A) IN GENERAL.—The non-Federal share of ‘‘(ii) the status of the implementation and de- ‘‘(i) a State that is eligible to participate in a the cost of an activity (other than a planning scription of the usage of the Mentoring Net- technology development program; or activity) carried out using an award or under a works. ‘‘(ii) a State described in paragraph (3). cooperative agreement under this section shall ‘‘(g) REVIEWS BY INSPECTOR GENERAL.— ‘‘(3) ADDITIONALLY ELIGIBLE STATE.—A State be— ‘‘(1) IN GENERAL.—The Inspector General of referred to in subparagraph (A)(ii) or (B)(ii) of ‘‘(i) 50 cents for each Federal dollar, in the the Administration shall conduct a review of— paragraph (2) is a State in which the total value case of a recipient that will serve small business ‘‘(A) the extent to which recipients under the of contracts awarded to small business concerns concerns located in one of the 18 States receiv- FAST program are measuring the performance under all SBIR programs is less than the total ing the fewest SBIR first phase awards (as de- of the activities being conducted and the results value of contracts awarded to small business scribed in section 9(e)(4)(A)); of such measurements; and concerns in a majority of other States, as deter- ‘‘(ii) except as provided in subparagraph (B), ‘‘(B) the overall management and effective- mined by the Administrator in biennial fiscal 1 dollar for each Federal dollar, in the case of ness of the FAST program. years, beginning with fiscal year 2000, based on a recipient that will serve small business con- ‘‘(2) REPORT.—During the first quarter of fis- the most recent statistics compiled by the Ad- cerns located in one of the 16 States receiving cal year 2004, the Inspector General of the Ad- ministrator.’’. the greatest number of such SBIR first phase ministration shall submit a report to the Com- SEC. 112. MENTORING NETWORKS. awards; and mittee on Small Business of the Senate and the The Small Business Act (15 U.S.C. 631 et seq.) ‘‘(iii) except as provided in subparagraph (B), Committee on Science and the Committee on is amended by inserting after section 34, as 75 cents for each Federal dollar, in the case of Small Business of the House of Representatives added by section 111(b)(2) of this Act, the fol- a recipient that will serve small business con- on the review conducted under paragraph (1). lowing new section: cerns located in a State that is not described in ‘‘(h) PROGRAM LEVELS.— ‘‘SEC. 35. MENTORING NETWORKS. clause (i) or (ii) that is receiving such SBIR first ‘‘(1) IN GENERAL.—There is authorized to be phase awards. appropriated to carry out the FAST program, ‘‘(a) FINDINGS.—Congress finds that— ‘‘(B) LOW-INCOME AREAS.—The non-Federal including Mentoring Networks, under this sec- ‘‘(1) the SBIR and STTR programs create jobs, share of the cost of the activity carried out tion and section 35, $10,000,000 for each of fiscal increase capacity for technological innovation, using an award or under a cooperative agree- years 2001 through 2005. and boost international competitiveness; ment under this section shall be 50 cents for ‘‘(2) MENTORING DATABASE.—Of the total ‘‘(2) increasing the quantity of applications each Federal dollar that will be directly allo- amount made available under paragraph (1) for from all States to the SBIR and STTR programs cated by a recipient described in subparagraph fiscal years 2001 through 2005, a reasonable would enhance competition for such awards and (A) to serve small business concerns located in a amount, not to exceed a total of $500,000, may be the quality of the completed projects; and qualified census tract, as that term is defined in used by the Administration to carry out section ‘‘(3) mentoring is a natural complement to the section 42(d)(5)(C)(ii) of the Internal Revenue 35(d). FAST program of reaching out to new compa- Code of 1986. Federal dollars not so allocated by ‘‘(i) TERMINATION.—The authority to carry nies regarding the SBIR and STTR programs as that recipient shall be subject to the matching out the FAST program under this section shall an effective and low-cost way to improve the requirements of subparagraph (A). terminate on September 30, 2005.’’. likelihood that such companies will succeed in ‘‘(C) TYPES OF FUNDING.—The non-Federal (c) COORDINATION OF TECHNOLOGY DEVELOP- such programs in developing and commer- share of the cost of an activity carried out by a MENT PROGRAMS.—Section 9 of the Small Busi- cializing their research. recipient shall be comprised of not less than 50 ness Act (15 U.S.C. 638) is amended by adding at ‘‘(b) AUTHORIZATION FOR MENTORING NET- percent cash and not more than 50 percent of in- the end the following: WORKS.—The recipient of an award or partici- direct costs and in-kind contributions, except ‘‘(u) COORDINATION OF TECHNOLOGY DEVEL- pant in a cooperative agreement under section that no such costs or contributions may be de- OPMENT PROGRAMS.— 34 may use a reasonable amount of such assist- rived from funds from any other Federal pro- ‘‘(1) DEFINITION OF TECHNOLOGY DEVELOP- ance for the establishment of a Mentoring Net- gram. MENT PROGRAM.—In this subsection, the term work under this section. ‘‘(D) RANKINGS.—For purposes of subpara- ‘technology development program’ means— ‘‘(c) CRITERIA FOR MENTORING NETWORKS.—A graph (A), the Administrator shall reevaluate ‘‘(A) the Experimental Program to Stimulate Mentoring Network established using assistance the ranking of a State once every 2 fiscal years, Competitive Research of the National Science under section 34 shall— beginning with fiscal year 2001, based on the Foundation, as established under section 113 of ‘‘(1) provide business advice and counseling to most recent statistics compiled by the Adminis- the National Science Foundation Authorization high technology small business concerns located trator. Act of 1988 (42 U.S.C. 1862g); in the State or region served by the Mentoring ‘‘(3) DURATION.—Awards may be made or co- ‘‘(B) the Defense Experimental Program to Network and identified under section operative agreements entered into under this Stimulate Competitive Research of the Depart- 34(c)(1)(E)(ii) as potential candidates for the section for multiple years, not to exceed 5 years ment of Defense; SBIR or STTR programs; in total. ‘‘(C) the Experimental Program to Stimulate ‘‘(2) identify volunteer mentors who— ‘‘(f) REPORTS.— Competitive Research of the Department of En- ‘‘(A) are persons associated with a small busi- ‘‘(1) INITIAL REPORT.—Not later than 120 days ergy; ness concern that has successfully completed after the date of the enactment of the Small ‘‘(D) the Experimental Program to Stimulate one or more SBIR or STTR funding agreements; Business Innovation Research Program Reau- Competitive Research of the Environmental Pro- and thorization Act of 2000, the Administrator shall tection Agency; ‘‘(B) have agreed to guide small business con- prepare and submit to the Committee on Small ‘‘(E) the Experimental Program to Stimulate cerns through all stages of the SBIR or STTR Business of the Senate and the Committee on Competitive Research of the National Aero- program process, including providing assistance Science and the Committee on Small Business of nautics and Space Administration; relating to— the House of Representatives a report, which ‘‘(F) the Institutional Development Award ‘‘(i) proposal writing; shall include, with respect to the FAST pro- Program of the National Institutes of Health; ‘‘(ii) marketing; gram, including Mentoring Networks— and ‘‘(iii) Government accounting; ‘‘(A) a description of the structure and proce- ‘‘(G) the National Research Initiative Com- ‘‘(iv) Government audits; dures of the program; petitive Grants Program of the Department of ‘‘(v) project facilities and equipment; ‘‘(B) a management plan for the program; and Agriculture. ‘‘(vi) human resources; ‘‘(C) a description of the merit-based review ‘‘(2) COORDINATION REQUIREMENTS.—Each ‘‘(vii) third phase partners; process to be used in the program. Federal agency that is subject to subsection (f) ‘‘(viii) commercialization; ‘‘(2) ANNUAL REPORTS.—The Administrator and that has established a technology develop- ‘‘(ix) venture capital networking; and shall submit an annual report to the Committee ment program may, in each fiscal year, review ‘‘(x) other matters relevant to the SBIR and on Small Business of the Senate and the Com- for funding under that technology development STTR programs; mittee on Science and the Committee on Small program— ‘‘(3) have experience working with small busi- Business of the House of Representatives re- ‘‘(A) any proposal to provide outreach and as- ness concerns participating in the SBIR and garding— sistance to one or more small business concerns STTR programs; ‘‘(A) the number and amount of awards pro- interested in participating in the SBIR program, ‘‘(4) contribute information to the national vided and cooperative agreements entered into including any proposal to make a grant or loan database referred to in subsection (d); and under the FAST program during the preceding to a company to pay a portion or all of the cost ‘‘(5) agree to reimburse volunteer mentors for year; of developing an SBIR proposal, from an entity, out-of-pocket expenses related to service as a ‘‘(B) a list of recipients under this section, in- organization, or individual located in— mentor under this section. cluding their location and the activities being ‘‘(i) a State that is eligible to participate in ‘‘(d) MENTORING DATABASE.—The Adminis- performed with the awards made or under the that program; or trator shall— cooperative agreements entered into; and ‘‘(ii) a State described in paragraph (3); or ‘‘(1) include in the database required by sec- ‘‘(C) the Mentoring Networks and the men- ‘‘(B) any proposal for the first phase of the tion 9(k)(1), in cooperation with the SBIR, toring database, as provided for under section SBIR program, if the proposal, though meri- STTR, and FAST programs, information on 35, including— torious, is not funded through the SBIR pro- Mentoring Networks and mentors participating

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9635 under this section, including a description of ‘‘(IV) the prepayment is made within the first (1) in subsection (a), by striking ‘‘On a pilot their areas of expertise; 3 years after disbursement of the loan proceeds. program basis, the’’ and inserting ‘‘The’’; ‘‘(2) work cooperatively with Mentoring Net- ‘‘(ii) SUBSIDY RECOUPMENT FEE.—The subsidy (2) by redesignating subsections (d) though (i) works to maintain and update the database; recoupment fee charged under clause (i) shall as subsections (e) though (j), respectively; ‘‘(3) take such action as may be necessary to be— (3) in subsection (f) (as redesignated by para- aggressively promote Mentoring Networks under ‘‘(I) 5 percent of the amount of prepayment, if graph (2)), by striking ‘‘subsection (f)’’ and in- this section; and the borrower prepays during the first year after serting ‘‘subsection (g)’’; ‘‘(4) fulfill the requirements of this subsection disbursement; (4) in subsection (h) (as redesignated by para- either directly or by contract.’’. ‘‘(II) 3 percent of the amount of prepayment, graph (2)), by striking ‘‘subsection (f)’’ and in- SEC. 113. SIMPLIFIED REPORTING REQUIRE- if the borrower prepays during the second year serting ‘‘subsection (g)’’; and MENTS. after disbursement; and (5) by inserting after subsection (c) the fol- Section 9 of the Small Business Act (15 U.S.C. ‘‘(III) 1 percent of the amount of prepayment, lowing: 638), as amended by this Act, is further amended if the borrower prepays during the third year ‘‘(d) SALE OF CERTAIN DEFAULTED LOANS.— by adding at the end the following new sub- after disbursement.’’. ‘‘(1) NOTICE.—If, upon default in repayment, section: the Administration acquires a loan guaranteed SEC. 206. GUARANTEE FEES. ‘‘(v) SIMPLIFIED REPORTING REQUIREMENTS.— under this section and identifies such loan for Section 7(a)(18)(B) of the Small Business Act The Administrator shall work with the Federal inclusion in a bulk asset sale of defaulted or re- (15 U.S.C. 636(a)(18)(B)) is amended to read as agencies required by this section to have an purchased loans or other financings, it shall follows: SBIR program to standardize reporting require- give prior notice thereof to any certified devel- ‘‘(B) EXCEPTION FOR CERTAIN LOANS.— ments for the collection of data from SBIR ap- opment company which has a contingent liabil- ‘‘(i) IN GENERAL.—Notwithstanding subpara- plicants and awardees, including data for inclu- ity under this section. The notice shall be given graph (A), if the total deferred participation sion in the database under subsection (k), tak- to the company as soon as possible after the fi- share of a loan guaranteed under this sub- ing into consideration the unique needs of each nancing is identified, but not less than 90 days section is less than or equal to $150,000, the agency, and to the extent possible, permitting before the date the Administration first makes guarantee fee collected under subparagraph (A) the updating of previously reported information any records on such financing available for ex- shall be in an amount equal to 2 percent of the by electronic means. Such requirements shall be amination by prospective purchasers prior to its total deferred participation share of the loan. designed to minimize the burden on small busi- offering in a package of loans for bulk sale. ‘‘(ii) RETENTION OF FEES.—Lenders partici- nesses.’’. ‘‘(2) LIMITATIONS.—The Administration shall pating in the programs established under this SEC. 114. RURAL OUTREACH PROGRAM EXTEN- not offer any loan described in paragraph (1) as SION. subsection may retain not more than 25 percent part of a bulk sale unless it— (a) EXTENSION OF TERMINATION DATE.—Sec- of the fee collected in accordance with this sub- ‘‘(A) provides prospective purchasers with the tion 501(b)(2) of the Small Business Reauthor- paragraph with respect to any loan not exceed- opportunity to examine the Administration’s ization Act of 1997 (15 U.S.C. 638 note; 111 Stat. ing $150,000 in gross loan amount.’’. records with respect to such loan; and 2622) is amended by striking ‘‘2001’’ and insert- SEC. 207. LEASE TERMS. ‘‘(B) provides the notice required by para- ing ‘‘2005’’. Section 7(a) of the Small Business Act (15 graph (1).’’. (b) EXTENSION OF AUTHORIZATION OF APPRO- U.S.C. 636(a)) is further amended by adding at SEC. 307. LOAN LIQUIDATION. PRIATIONS.—Section 9(s)(2) of the Small Busi- the end the following: (a) LIQUIDATION AND FORECLOSURE.—Title V ness Act (15 U.S.C. 638(s)(2)) is amended by ‘‘(28) LEASING.—In addition to such other of the Small Business Investment Act of 1958 (15 striking ‘‘for fiscal year 1998, 1999, 2000, or 2001’’ lease arrangements as may be authorized by the U.S.C. 695 et seq.) is amended by adding at the and inserting ‘‘for each of the fiscal years 2000 Administration, a borrower may permanently end the following: through 2005,’’. lease to one or more tenants not more than 20 ‘‘SEC. 510. FORECLOSURE AND LIQUIDATION OF TITLE II—GENERAL BUSINESS LOAN percent of any property constructed with the LOANS. PROGRAM proceeds of a loan guaranteed under this sub- ‘‘(a) DELEGATION OF AUTHORITY.—In accord- SEC. 201. SHORT TITLE. section, if the borrower permanently occupies ance with this section, the Administration shall This title may be cited as the ‘‘Small Business and uses not less than 60 percent of the total delegate to any qualified State or local develop- General Business Loan Improvement Act of business space in the property.’’. ment company (as defined in section 503(e)) that 2000’’. TITLE III—CERTIFIED DEVELOPMENT meets the eligibility requirements of subsection SEC. 202. LEVELS OF PARTICIPATION. COMPANY PROGRAM (b)(1) the authority to foreclose and liquidate, Section 7(a)(2)(A) of the Small Business Act SEC. 301. SHORT TITLE. or to otherwise treat in accordance with this (15 U.S.C. 636(a)(2)(A)) is amended— This title may be cited as the ‘‘Certified Devel- section, defaulted loans in its portfolio that are (1) in paragraph (i) by striking ‘‘$100,000’’ and opment Company Program Improvements Act of funded with the proceeds of debentures guaran- inserting ‘‘$150,000’’; and 2000’’. teed by the Administration under section 503. (2) in paragraph (ii)— ‘‘(b) ELIGIBILITY FOR DELEGATION.— (A) by striking ‘‘80 percent’’ and inserting ‘‘85 SEC. 302. WOMEN-OWNED BUSINESSES. ‘‘(1) REQUIREMENTS.—A qualified State or percent’’; and Section 501(d)(3)(C) of the Small Business In- local development company shall be eligible for (B) by striking ‘‘$100,000’’ and inserting vestment Act (15 U.S.C. 695(d)(3)(C)) is amended a delegation of authority under subsection (a) ‘‘$150,000’’. by inserting before the comma ‘‘or women- if— SEC. 203. LOAN AMOUNTS. owned business development’’. ‘‘(A) the company— Section 7(a)(3)(A) of the Small Business Act SEC. 303. MAXIMUM DEBENTURE SIZE. ‘‘(i) has participated in the loan liquidation (15 U.S.C. 636(a)(3)(A)) is amended by striking Section 502(2) of the Small Business Invest- pilot program established by the Small Business ‘‘$750,000,’’ and inserting, ‘‘$1,000,000 (or if the ment Act of 1958 (15 U.S.C. 696(2)) is amended to Programs Improvement Act of 1996 (15 U.S.C. gross loan amount would exceed $2,000,000),’’. read as follows: 695 note), as in effect on the day before promul- SEC. 204. INTEREST ON DEFAULTED LOANS. ‘‘(2) Loans made by the Administration under gation of final regulations by the Administra- Subparagraph (B) of section 7(a)(4) of the this section shall be limited to $1,000,000 for each tion implementing this section; Small Business Act (15 U.S.C. 636(a)(4)) is such identifiable small business concern, except ‘‘(ii) is participating in the Premier Certified amended by adding at the end the following: loans meeting the criteria specified in section Lenders Program under section 508; or ‘‘(iii) APPLICABILITY.—Clauses (i) and (ii) 501(d)(3), which shall be limited to $1,300,000 for ‘‘(iii) during the 3 fiscal years immediately shall not apply to loans made on or after Octo- each such identifiable small business concern.’’. prior to seeking such a delegation, has made an ber 1, 2000.’’. SEC. 304. FEES. average of not less than 10 loans per year that SEC. 205. PREPAYMENT OF LOANS. Section 503(f) of the Small Business Invest- are funded with the proceeds of debentures Section 7(a)(4) of the Small Business Act (15 ment Act of 1958 (15 U.S.C. 697(f)) is amended to guaranteed under section 503; and ‘‘(B) the company— U.S.C. 636(a)(4)) is further amended— read as follows: ‘‘(i) has one or more employees— (1) by striking ‘‘(4) INTEREST RATES AND ‘‘(f) EFFECTIVE DATE.—The fees authorized by ‘‘(I) with not less than 2 years of substantive, FEES.—’’ and inserting ‘‘(4) INTEREST RATES AND subsections (b) and (d) shall apply to financings decision-making experience in administering the PREPAYMENT CHARGES.—’’; and approved by the Administration on or after Oc- liquidation and workout of problem loans se- (2) by adding at the end the following: tober 1, 1996, but shall not apply to financings cured in a manner substantially similar to loans ‘‘(C) PREPAYMENT CHARGES.— approved by the Administration on or after Oc- funded with the proceeds of debentures guaran- ‘‘(i) IN GENERAL.—A borrower who prepays tober 1, 2003.’’. any loan guaranteed under this subsection shall teed under section 503; and remit to the Administration a subsidy SEC. 305. PREMIER CERTIFIED LENDERS PRO- ‘‘(II) who have completed a training program GRAM. recoupment fee calculated in accordance with on loan liquidation developed by the Adminis- Section 217(b) of the Small Business Reauthor- clause (ii) if— tration in conjunction with qualified State and ‘‘(I) the loan is for a term of not less than 15 ization and Amendments Act of 1994 (relating to local development companies that meet the re- years; section 508 of the Small Business Investment quirements of this paragraph; or ‘‘(II) the prepayment is voluntary; Act) is repealed. ‘‘(ii) submits to the Administration docu- ‘‘(III) the amount of prepayment in any cal- SEC. 306. SALE OF CERTAIN DEFAULTED LOANS. mentation demonstrating that the company has endar year is more than 25 percent of the out- Section 508 of the Small Business Investment contracted with a qualified third-party to per- standing balance of the loan; and Act of 1958 (15 U.S.C. 697e) is amended— form any liquidation activities and secures the

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9636 CONGRESSIONAL RECORD — SENATE October 2, 2000 approval of the contract by the Administration within the 15-day period required by subclause ‘‘(i) the total cost of the project financed with with respect to the qualifications of the con- (I), the Administration shall within such period the loan; tractor and the terms and conditions of liquida- provide in accordance with subparagraph (E) ‘‘(ii) the total original dollar amount guaran- tion activities. notice to the company that submitted the re- teed by the Administration; ‘‘(2) CONFIRMATION.—On request the Adminis- quest. ‘‘(iii) the total dollar amount of the loan at tration shall examine the qualifications of any ‘‘(C) WORKOUT PLAN.— the time of liquidation, foreclosure, or mitiga- company described in subsection (a) to deter- ‘‘(i) IN GENERAL.—In carrying out functions tion of loss; mine if such company is eligible for the delega- described in paragraph (1)(C), a qualified State ‘‘(iv) the total dollar losses resulting from the tion of authority under this section. If the Ad- or local development company shall submit to liquidation, foreclosure, or mitigation of loss; ministration determines that a company is not the Administration a proposed workout plan. and eligible, the Administration shall provide the ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— ‘‘(v) the total recoveries resulting from the liq- company with the reasons for such ineligibility. ‘‘(I) TIMING.—Not later than 15 business days uidation, foreclosure, or mitigation of loss, both ‘‘(c) SCOPE OF DELEGATED AUTHORITY.— after a workout plan is received by the Adminis- as a percentage of the amount guaranteed and ‘‘(1) IN GENERAL.—Each qualified State or tration under clause (i), the Administration the total cost of the project financed. local development company to which the Admin- shall approve or reject the plan. ‘‘(B) With respect to each qualified State or istration delegates authority under section (a) ‘‘(II) NOTICE OF NO DECISION.—With respect to local development company to which authority may with respect to any loan described in sub- any workout plan that cannot be approved or is delegated under this section, the totals of section (a)— denied within the 15-day period required by sub- each of the amounts described in clauses (i) ‘‘(A) perform all liquidation and foreclosure clause (I), the Administration shall within such through (v) of subparagraph (A). functions, including the purchase in accordance period provide in accordance with subparagraph ‘‘(C) With respect to all loans subject to fore- with this subsection of any other indebtedness (E) notice to the company that submitted the closure, liquidation, or mitigation under this secured by the property securing the loan, in a plan. section, the totals of each of the amounts de- reasonable and sound manner according to com- ‘‘(D) COMPROMISE OF INDEBTEDNESS.—In car- scribed in clauses (i) through (v) of subpara- mercially accepted practices, pursuant to a liq- rying out functions described in paragraph graph (A). uidation plan approved in advance by the Ad- (1)(A), a qualified State or local development ‘‘(D) A comparison between— ministration under paragraph (2)(A); company may— ‘‘(i) the information provided under subpara- ‘‘(B) litigate any matter relating to the per- ‘‘(i) consider an offer made by an obligor to graph (C) with respect to the 12-month period formance of the functions described in subpara- compromise the debt for less than the full preceding the date on which the report is sub- graph (A), except that the Administration may— amount owing; and mitted; and ‘‘(ii) pursuant to such an offer, release any ‘‘(i) defend or bring any claim if— ‘‘(ii) the same information with respect to obligor or other party contingently liable, if the ‘‘(I) the outcome of the litigation may ad- loans foreclosed and liquidated, or otherwise company secures the written approval of the versely affect the Administration’s management treated, by the Administration during the same Administration. of the loan program established under section period. ‘‘(E) CONTENTS OF NOTICE OF NO DECISION.— 502; or ‘‘(E) The number of times that the Adminis- Any notice provided by the Administration ‘‘(II) the Administration is entitled to legal tration has failed to approve or reject a liquida- under subparagraphs (A)(ii)(II), (B)(ii)(II), or remedies not available to a qualified State or tion plan in accordance with subparagraph (C)(ii)(II)— local development company and such remedies (A)(i), a workout plan in accordance with sub- ‘‘(i) shall be in writing; paragraph (C)(i), or to approve or deny a re- will benefit either the Administration or the ‘‘(ii) shall state the specific reason for the Ad- quest for purchase of indebtedness under sub- qualified State or local development company; ministration’s inability to act on a plan or re- paragraph (B)(i), including specific information or quest; ‘‘(ii) oversee the conduct of any such litiga- ‘‘(iii) shall include an estimate of the addi- regarding the reasons for the Administration’s tion; and tional time required by the Administration to act failure and any delays that resulted.’’. ‘‘(C) take other appropriate actions to miti- on the plan or request; and (b) REGULATIONS.— gate loan losses in lieu of total liquidation or ‘‘(iv) if the Administration cannot act because (1) IN GENERAL.—Not later than 150 days after foreclosures, including the restructuring of a insufficient information or documentation was the date of the enactment of this Act, the Ad- loan in accordance with prudent loan servicing provided by the company submitting the plan or ministrator shall issue such regulations as may practices and pursuant to a workout plan ap- request, shall specify the nature of such addi- be necessary to carry out section 510 of the proved in advance by the Administration under tional information or documentation. Small Business Investment Act of 1958, as added paragraph (2)(C). ‘‘(3) CONFLICT OF INTEREST.—In carrying out by subsection (a) of this section. ‘‘(2) ADMINISTRATION APPROVAL.— functions described in paragraph (1), a qualified (2) TERMINATION OF PILOT PROGRAM.—Begin- ‘‘(A) LIQUIDATION PLAN.— State or local development company shall take ning on the date which the final regulations are ‘‘(i) IN GENERAL.—Before carrying out func- no action that would result in an actual or ap- issued under paragraph (1), section 204 of the tions described in paragraph (1)(A), a qualified parent conflict of interest between the company Small Business Programs Improvement Act of State or local development company shall submit (or any employee of the company) and any third 1996 (15 U.S.C. 695 note) shall cease to have ef- to the Administration a proposed liquidation party lender, associate of a third party lender, fect. plan. or any other person participating in a liquida- TITLE IV—CORRECTIONS TO THE SMALL ‘‘(ii) ADMINISTRATION ACTION ON PLAN.— tion, foreclosure, or loss mitigation action. BUSINESS INVESTMENT ACT OF 1958 ‘‘(I) TIMING.—Not later than 15 business days ‘‘(d) SUSPENSION OR REVOCATION OF AUTHOR- SEC. 401. SHORT TITLE. after a liquidation plan is received by the Ad- ITY.—The Administration may revoke or sus- ministration under clause (i), the Administra- This title may be cited as the ‘‘Small Business pend a delegation of authority under this sec- Investment Corrections Act of 2000’’. tion shall approve or reject the plan. tion to any qualified State or local development SEC. 402. DEFINITIONS. ‘‘(II) NOTICE OF NO DECISION.—With respect to company, if the Administration determines that (a) SMALL BUSINESS CONCERN.—Section any plan that cannot be approved or denied the company— within the 15-day period required by subclause ‘‘(1) does not meet the requirements of sub- 103(5)(A)(i) of the Small Business Investment (I), the Administration shall within such period section (b)(1); Act of 1958 (15 U.S.C. 662(5)(A)(i)) is amended provide in accordance with subparagraph (E) ‘‘(2) has violated any applicable rule or regu- by inserting ‘‘regardless of the allocation of con- notice to the company that submitted the plan. lation of the Administration or any other appli- trol during the investment period under any in- ‘‘(iii) ROUTINE ACTIONS.—In carrying out cable law; or vestment agreement between the business con- functions described in paragraph (1)(A), a ‘‘(3) fails to comply with any reporting re- cern and the entity making the investment’’ be- qualified State or local development company quirement that may be established by the Ad- fore the semicolon at the end. may undertake routine actions not addressed in ministration relating to carrying out of func- (b) LONG TERM.—Section 103 of the Small a liquidation plan without obtaining additional tions described in paragraph (1). Business Investment Act of 1958 (15 U.S.C. 662) approval from the Administration. ‘‘(e) REPORT.— is amended— ‘‘(B) PURCHASE OF INDEBTEDNESS.— ‘‘(1) IN GENERAL.—Based on information pro- (1) in paragraph (15), by striking ‘‘and’’ at ‘‘(i) IN GENERAL.—In carrying out functions vided by qualified State and local development the end; described in paragraph (1)(A), a qualified State companies and the Administration, the Adminis- (2) in paragraph (16), by striking the period at or local development company shall submit to tration shall annually submit to the Committees the end and inserting ‘‘; and’’; and the Administration a request for written ap- on Small Business of the House of Representa- (3) by adding at the end the following new proval before committing the Administration to tives and of the Senate a report on the results paragraph: the purchase of any other indebtedness secured of delegation of authority under this section. ‘‘(17) the term ‘long term’, when used in con- by the property securing a defaulted loan. ‘‘(2) CONTENTS.—Each report submitted under nection with equity capital or loan funds in- ‘‘(ii) ADMINISTRATION ACTION ON REQUEST.— paragraph (1) shall include the following infor- vested in any small business concern or smaller ‘‘(I) TIMING.—Not later than 15 business days mation: enterprise, means any period of time not less after receiving a request under clause (i), the ‘‘(A) With respect to each loan foreclosed or than 1 year.’’. Administration shall approve or deny the re- liquidated by a qualified State or local develop- SEC. 403. INVESTMENT IN SMALL BUSINESS IN- quest. ment company under this section, or for which VESTMENT COMPANIES. ‘‘(II) NOTICE OF NO DECISION.—With respect to losses were otherwise mitigated by the company Section 302(b) of the Small Business Invest- any request that cannot be approved or denied pursuant to a workout plan under this section— ment Act of 1958 (15 U.S.C. 682(b)) is amended—

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9637 (1) by striking ‘‘(b) Notwithstanding’’ and in- $19,050,000,000 in deferred participation loans ‘‘(D) For the programs authorized by part B serting the following: and other financings. Of such sum, the Admin- of title IV of the Small Business Investment Act ‘‘(b) FINANCIAL INSTITUTION INVESTMENTS.— istration is authorized to make— of 1958, the Administration is authorized to ‘‘(1) CERTAIN BANKS.—Notwithstanding’’; and ‘‘(i) $14,500,000,000 in general business loans enter into guarantees not to exceed (2) by adding at the end the following: as provided in section 7(a); $5,000,000,000 of which not more than 50 percent ‘‘(2) CERTAIN SAVINGS ASSOCIATIONS.—Not- ‘‘(ii) $4,000,000,000 in financings as provided may be in bonds approved pursuant to section withstanding any other provision of law, any in section 7(a)(13) of this Act and section 504 of 411(a)(3) of that Act. Federal savings association may invest in any the Small Business Investment Act of 1958; ‘‘(E) The Administration is authorized to one or more small business investment compa- ‘‘(iii) $500,000,000 in loans as provided in sec- make grants or enter cooperative agreements for nies, or in any entity established to invest solely tion 7(a)(21); and a total amount of $6,000,000 for the Service in small business investment companies, except ‘‘(iv) $50,000,000 in loans as provided in sec- Corps of Retired Executives program authorized that in no event may the total amount of such tion 7(m). by section 8(b)(1). investments by any such Federal savings asso- ‘‘(C) For the programs authorized by title III ‘‘(2) ADDITIONAL AUTHORIZATIONS.— ciation exceed 5 percent of the capital and sur- of the Small Business Investment Act of 1958, ‘‘(A) There are authorized to be appropriated plus of the Federal savings association.’’. the Administration is authorized to make— to the Administration for fiscal year 2002 such ‘‘(i) $2,500,000,000 in purchases of partici- SEC. 404. SUBSIDY FEES. sums as may be necessary to carry out the provi- pating securities; and sions of this Act not elsewhere provided for, in- (a) DEBENTURES.—Section 303(b) of the Small ‘‘(ii) $1,500,000,000 in guarantees of deben- Business Investment Act of 1958 (15 U.S.C. cluding administrative expenses and necessary tures. loan capital for disaster loans pursuant to sec- 683(b)) is amended by striking ‘‘plus an addi- ‘‘(D) For the programs authorized by part B tion 7(b), and to carry out title IV of the Small tional charge of 1 percent per annum which of title IV of the Small Business Investment Act Business Investment Act of 1958, including sala- shall be paid to and retained by the Administra- of 1958, the Administration is authorized to tion’’ and inserting ‘‘plus, for debentures issued ries and expenses of the Administration. enter into guarantees not to exceed ‘‘(B) Notwithstanding any other provision of after September 30, 2000, an additional charge, $4,000,000,000 of which not more than 50 percent in an amount established annually by the Ad- this paragraph, for fiscal year 2002— may be in bonds approved pursuant to section ‘‘(i) no funds are authorized to be used as ministration, of not more than 1 percent per 411(a)(3) of that Act. year as necessary to reduce to zero the cost (as loan capital for the loan program authorized by ‘‘(E) The Administration is authorized to section 7(a)(21) except by transfer from another defined in section 502 of the Federal Credit Re- make grants or enter cooperative agreements for form Act of 1990 (2 U.S.C. 661a)) to the Adminis- Federal department or agency to the Adminis- a total amount of $5,000,000 for the Service tration, unless the program level authorized for tration of purchasing and guaranteeing deben- Corps of Retired Executives program authorized tures under this Act, which shall be paid to and general business loans under paragraph by section 8(b)(1). (1)(B)(i) is fully funded; and retained by the Administration’’. ‘‘(2) ADDITIONAL AUTHORIZATIONS.— ‘‘(ii) the Administration may not approve (b) PARTICIPATING SECURITIES.—Section ‘‘(A) There are authorized to be appropriated loans on its own behalf or on behalf of any 303(g)(2) of the Small Business Investment Act to the Administration for fiscal year 2001 such other Federal department or agency, by contract of 1958 (15 U.S.C. 683(g)(2)) is amended by strik- sums as may be necessary to carry out the provi- or otherwise, under terms and conditions other ing ‘‘plus an additional charge of 1 percent per sions of this Act not elsewhere provided for, in- than those specifically authorized under this annum which shall be paid to and retained by cluding administrative expenses and necessary Act or the Small Business Investment Act of the Administration’’ and inserting ‘‘plus, for loan capital for disaster loans pursuant to sec- 1958, except that it may approve loans under participating securities issued after September tion 7(b), and to carry out title IV of the Small section 7(a)(21) of this Act in gross amounts of 30, 2000, an additional charge, in an amount es- Business Investment Act of 1958, including sala- not more than $1,250,000. tablished annually by the Administration, of ries and expenses of the Administration. ‘‘(i) FISCAL YEAR 2003.— not more than 1 percent per year as necessary to ‘‘(B) Notwithstanding any other provision of ‘‘(1) PROGRAM LEVELS.—The following pro- reduce to zero the cost (as defined in section 502 this paragraph, for fiscal year 2001— gram levels are authorized for fiscal year 2003: of the Federal Credit Reform Act of 1990 (2 ‘‘(i) no funds are authorized to be used as ‘‘(A) For the programs authorized by this Act, U.S.C. 661a)) to the Administration of pur- loan capital for the loan program authorized by the Administration is authorized to make— chasing and guaranteeing participating securi- section 7(a)(21) except by transfer from another ‘‘(i) $70,000,000 in technical assistance grants ties under this Act, which shall be paid to and Federal department or agency to the Adminis- as provided in section 7(m); and tration, unless the program level authorized for retained by the Administration’’. ‘‘(ii) $100,000,000 in direct loans, as provided general business loans under paragraph SEC. 405. DISTRIBUTIONS. in 7(m). Section 303(g)(8) of the Small Business Invest- (1)(B)(i) is fully funded; and ‘‘(B) For the programs authorized by this Act, ‘‘(ii) the Administration may not approve ment Act of 1958 (15 U.S.C. 683(g)(8)) is amend- the Administration is authorized to make loans on its own behalf or on behalf of any ed— $21,550,000,000 in deferred participation loans other Federal department or agency, by contract (1) by striking ‘‘subchapter s corporation’’ and other financings. Of such sum, the Admin- or otherwise, under terms and conditions other and inserting ‘‘subchapter S corporation’’; istration is authorized to make— than those specifically authorized under this (2) by striking ‘‘the end of any calendar quar- ‘‘(i) $16,000,000,000 in general business loans Act or the Small Business Investment Act of ter based on a quarterly’’ and inserting ‘‘any as provided in section 7(a); time during any calendar quarter based on an’’; 1958, except that it may approve loans under ‘‘(ii) $5,000,000,000 in financings as provided and section 7(a)(21) of this Act in gross amounts of in section 7(a)(13) of this Act and section 504 of (3) by striking ‘‘quarterly distributions for a not more than $1,250,000. the Small Business Investment Act of 1958; ‘‘(h) FISCAL YEAR 2002.— calendar year,’’ and inserting ‘‘interim distribu- ‘‘(iii) $500,000,000 in loans as provided in sec- ‘‘(1) PROGRAM LEVELS.—The following pro- tions for a calendar year,’’. tion 7(a)(21); and gram levels are authorized for fiscal year 2002: ‘‘(iv) $50,000,000 in loans as provided in sec- SEC. 406. CONFORMING AMENDMENT. ‘‘(A) For the programs authorized by this Act, tion 7(m). Section 310(c)(4) of the Small Business Invest- the Administration is authorized to make— ment Act of 1958 (15 U.S.C. 687b(c)(4)) is amend- ‘‘(i) $60,000,000 in technical assistance grants ‘‘(C) For the programs authorized by title III ed by striking ‘‘five years’’ and inserting ‘‘1 as provided in section 7(m); and of the Small Business Investment Act of 1958, year’’. ‘‘(ii) $80,000,000 in direct loans, as provided in the Administration is authorized to make— ‘‘(i) $4,000,000,000 in purchases of partici- TITLE V—REAUTHORIZATION OF SMALL 7(m). pating securities; and BUSINESS PROGRAMS ‘‘(B) For the programs authorized by this Act, the Administration is authorized to make ‘‘(ii) $3,000,000,000 in guarantees of deben- SEC. 501. SHORT TITLE. $20,050,000,000 in deferred participation loans tures. This title may be cited as the ‘‘Small Business and other financings. Of such sum, the Admin- ‘‘(D) For the programs authorized by part B Reauthorization Act of 2000’’. istration is authorized to make— of title IV of the Small Business Investment Act SEC. 502. REAUTHORIZATION OF SMALL BUSI- ‘‘(i) $15,000,000,000 in general business loans of 1958, the Administration is authorized to NESS PROGRAMS. as provided in section 7(a); enter into guarantees not to exceed Section 20 of the Small Business Act (15 U.S.C. ‘‘(ii) $4,500,000,000 in financings as provided $6,000,000,000 of which not more than 50 percent 631 note) is amended by adding at the end the in section 7(a)(13) of this Act and section 504 of may be in bonds approved pursuant to section following: the Small Business Investment Act of 1958; 411(a)(3) of that Act. ‘‘(g) FISCAL YEAR 2001.— ‘‘(iii) $500,000,000 in loans as provided in sec- ‘‘(E) The Administration is authorized to ‘‘(1) PROGRAM LEVELS.—The following pro- tion 7(a)(21); and make grants or enter into cooperative agree- gram levels are authorized for fiscal year 2001: ‘‘(iv) $50,000,000 in loans as provided in sec- ments for a total amount of $7,000,000 for the ‘‘(A) For the programs authorized by this Act, tion 7(m). Service Corps of Retired Executives program au- the Administration is authorized to make— ‘‘(C) For the programs authorized by title III thorized by section 8(b)(1). ‘‘(i) $45,000,000 in technical assistance grants of the Small Business Investment Act of 1958, ‘‘(2) ADDITIONAL AUTHORIZATIONS.— as provided in section 7(m); and the Administration is authorized to make— ‘‘(A) There are authorized to be appropriated ‘‘(ii) $60,000,000 in direct loans, as provided in ‘‘(i) $3,500,000,000 in purchases of partici- to the Administration for fiscal year 2003 such 7(m). pating securities; and sums as may be necessary to carry out the provi- ‘‘(B) For the programs authorized by this Act, ‘‘(ii) $2,500,000,000 in guarantees of deben- sions of this Act not elsewhere provided for, in- the Administration is authorized to make tures. cluding administrative expenses and necessary

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loan capital for disaster loans pursuant to sec- lished under this Act or the Small Business In- ‘‘(C) FUNDING FORMULA.— tion 7(b), and to carry out title IV of the Small vestment Act of 1958 (15 U.S.C. 661 et seq.) shall ‘‘(i) IN GENERAL.—Subject to clause (iii), the Business Investment Act of 1958, including sala- be applied without regard to any possible future amount of a formula grant received by a State ries and expenses of the Administration. ownership interest of a spouse arising from the under this subparagraph shall be equal to an ‘‘(B) Notwithstanding any other provision of application of any State community property amount determined in accordance with the fol- this paragraph, for fiscal year 2003— law established for the purpose of determining lowing formula: ‘‘(i) no funds are authorized to be used as marital interest.’’. ‘‘(I) The annual amount made available under loan capital for the loan program authorized by SEC. 603. ELIGIBILITY FOR HUBZONE PROGRAM. section 20(a) for the Small Business Develop- section 7(a)(21) except by transfer from another Section 3(p)(5) of the Small Business Act (15 ment Center Program, less any reductions made Federal department or agency to the Adminis- U.S.C. 632(p)(5)) is amended by adding at the for expenses authorized by clause (v) of this tration, unless the program level authorized for end the following new subparagraph: subparagraph, shall be divided on a pro rata general business loans under paragraph ‘‘(E) EXTENSION OF ELIGIBILITY.—If a geo- basis, based on the percentage of the population (1)(B)(i) is fully funded; and graphic area that qualified as a HUBZone of each State, as compared to the population of ‘‘(ii) the Administration may not approve under this subsection ceases to qualify as a re- the United States. loans on its own behalf or on behalf of any sult of a change in official government data or ‘‘(II) If the pro rata amount calculated under other Federal department or agency, by contract boundary designations, each small business con- subclause (I) for any State is less than the min- or otherwise, under terms and conditions other cern certified as HUBZone small business con- imum funding level under clause (iii), the Ad- than those specifically authorized under this cern in connection with such geographic area ministration shall determine the aggregate Act or the Small Business Investment Act of shall remain certified as such for a period of 1 amount necessary to achieve that minimum 1958, except that it may approve loans under year after the effective date of the change in funding level for each such State. section 7(a)(21) of this Act in gross amounts of HUBZone status, if the small business concern ‘‘(III) The aggregate amount calculated under not more than $1,250,000.’’. continues to meet each of the other qualifica- subclause (II) shall be deducted from the SEC. 503. ADDITIONAL REAUTHORIZATIONS. tions applicable to a HUBZone small business amount calculated under subclause (I) for (a) SMALL BUSINESS DEVELOPMENT CENTERS concern.’’. States eligible to receive more than the minimum funding level. The deductions shall be made on PROGRAM.—Section 21(a)(4)(C)(iii)(III) of the SEC. 604. SUBCONTRACTING PREFERENCE FOR Small Business Act (15 U.S.C. VETERANS. a pro rata basis, based on the population of 648(a)(4)(C)(iii)(III)) is amended by striking Section 8(d) of the Small Business Act (15 each such State, as compared to the total popu- ‘‘$95,000,000’’ and inserting ‘‘$125,000,000’’. U.S.C. 637(d)) is amended— lation of all such States. (b) DRUG-FREE WORKPLACE PROGRAM.—Sec- (1) in paragraph (1), by inserting ‘‘small busi- ‘‘(IV) The aggregate amount deducted under tion 27 of the Small Business Act (15 U.S.C. 654) ness concerns owned and controlled by vet- subclause (III) shall be added to the grants of is amended— erans,’’ after ‘‘small business concerns,’’ the those States that are not eligible to receive more (1) in the section heading, by striking first place that term appears in each of the first than the minimum funding level in order to ‘‘DRUG-FREE WORKPLACE DEMONSTRA- and second sentences; achieve the minimum funding level for each TION PROGRAM’’ and inserting ‘‘PAUL D. (2) in paragraph (3)— such State, except that the eligible amount of a COVERDELL DRUG-FREE WORKPLACE (A) in subparagraph (A), by inserting ‘‘small grant to any State shall not be reduced to an PROGRAM’’; and business concerns owned and controlled by serv- amount below the minimum funding level. (2) in subsection (g)(1), by striking ice-disabled veterans,’’ after ‘‘small business ‘‘(ii) GRANT DETERMINATION.—The amount of ‘‘$10,000,000 for fiscal years 1999 and 2000’’ and concerns owned and controlled by veterans,’’ in a grant that a State is eligible to apply for inserting ‘‘$5,000,000 for each of fiscal years 2001 each of the first and second sentences; and under this subparagraph shall be the amount through 2003’’. (B) in subparagraph (F), by inserting ‘‘small determined under clause (i), subject to any (c) HUBZONE PROGRAM.—Section 31 of the business concern owned and controlled by serv- modifications required under clause (iii), and Small Business Act (15 U.S.C. 657a) is amended ice-disabled veterans,’’ after ‘‘small business shall be based on the amount available for the by adding at the end the following new sub- concern owned and controlled by veterans,’’; fiscal year in which performance of the grant section: and commences, but not including amounts distrib- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (3) in each of paragraphs (4)(D), (4)(E), uted in accordance with clause (iv). The amount There is authorized to be appropriated to carry (6)(A), (6)(C), (6)(F), and (10)(B), by inserting of a grant received by a State under any provi- out the program established by this section ‘‘small business concern owned and controlled sion of this subparagraph shall not exceed the $10,000,000 for each of fiscal years 2001 through by service-disabled veterans,’’ after ‘‘small busi- amount of matching funds from sources other 2003.’’. ness concerns owned and controlled by vet- than the Federal Government, as required under (d) WOMEN’S BUSINESS ENTERPRISE DEVELOP- erans,’’. subparagraph (A). MENT PROGRAMS.—Section 411 of the Women’s ‘‘(iii) MINIMUM FUNDING LEVEL.—The amount Business Ownership Act (Public Law 105–135; 15 SEC. 605. SMALL BUSINESS DEVELOPMENT CEN- TER PROGRAM FUNDING. of the minimum funding level for each State U.S.C. 631 note) is amended by striking (a) AUTHORIZATION.— shall be determined for each fiscal year based on ‘‘$600,000, for each of fiscal years 1998 through (1) IN GENERAL.—Section 20(a)(1) of the Small the amount made available for that fiscal year 2000,’’ and inserting ‘‘$1,000,000 for each of fis- Business Act (15 U.S.C. 631 note) is amended by to carry out this section, as follows: cal years 2001 through 2003,’’. striking ‘‘For fiscal year 1985’’ and all that fol- ‘‘(I) If the amount made available is not less (e) VERY SMALL BUSINESS CONCERNS PRO- lows through ‘‘expended.’’ and inserting the fol- than $81,500,000 and not more than $90,000,000, GRAM.—Section 304(i) of the Small Business Ad- lowing: ‘‘For fiscal year 2000 and each fiscal the minimum funding level shall be $500,000. ministration Reauthorization and Amendments year thereafter, there are authorized to be ap- ‘‘(II) If the amount made available is less Act of 1994 (Public Law 103–403; 15 U.S.C. 644 propriated such sums as may be necessary and than $81,500,000, the minimum funding level note) is amended by striking ‘‘September 30, appropriate, to remain available until expended, shall be the remainder of $500,000 minus a per- 2000’’ and inserting ‘‘September 30, 2003’’. and to be available solely— centage of $500,000 equal to the percentage (f) SOCIALLY AND ECONOMICALLY DISADVAN- ‘‘(A) to carry out the Small Business Develop- amount by which the amount made available is TAGED BUSINESSES PROGRAM.—Section 7102(c) of ment Center Program under section 21, but not less than $81,500,000. the Federal Acquisition Streamlining Act of 1994 to exceed the annual funding level, as specified ‘‘(III) If the amount made available is more (Public Law 103–355; 15 U.S.C. 644 note) is in section 21(a); than $90,000,000, the minimum funding level amended by striking ‘‘September 30, 2000’’ and ‘‘(B) to pay the expenses of the National shall be the sum of $500,000 plus a percentage of inserting ‘‘September 30, 2003’’. Small Business Development Center Advisory $500,000 equal to the percentage amount by TITLE VI—MISCELLANEOUS PROVISIONS Board, as provided in section 21(i); which the amount made available exceeds SEC. 601. LOAN APPLICATION PROCESSING. ‘‘(C) to pay the expenses of the information $90,000,000. (a) STUDY.—The Administrator of the Small sharing system, as provided in section 21(c)(8); ‘‘(iv) DISTRIBUTIONS.—Subject to clause (iii), Business Administration shall conduct a study ‘‘(D) to pay the expenses of the association re- if any State does not apply for, or use, its full to determine the average time that the Adminis- ferred to in section 21(a)(3)(A) for conducting funding eligibility for a fiscal year, the Adminis- tration requires to process an application for the certification program, as provided in section tration shall distribute the remaining funds as each type of loan or loan guarantee made under 21(k)(2); and follows: the Small Business Act (15 U.S.C. 631 et seq.). ‘‘(E) to pay the expenses of the Administra- ‘‘(I) If the grant to any State is less than the (b) TRANSMITTAL.—Not later than 1 year after tion, including salaries of examiners, for con- amount received by that State in fiscal year the date of the enactment of this title, the Ad- ducting examinations as part of the certification 2000, the Administration shall distribute such ministrator shall transmit to Congress the re- program conducted by the association referred remaining funds, on a pro rata basis, based on sults of the study conducted under subsection to in section 21(a)(3)(A).’’. the percentage of shortage of each such State, (a). (2) TECHNICAL AMENDMENT.—Section 20(a) of as compared to the total amount of such remain- SEC. 602. APPLICATION OF OWNERSHIP REQUIRE- the Small Business Act (15 U.S.C. 631 note) is ing funds available, to the extent necessary in MENTS. further amended by moving paragraphs (3) and order to increase the amount of the grant to the Section 2 of the Small Business Act (15 U.S.C. (4), including subparagraphs (A) and (B) of amount received by that State in 2000, or until 631) is amended by adding at the end the fol- paragraph (4), 2 ems to the left. such funds are exhausted, whichever first oc- lowing new subsection: (b) FUNDING FORMULA.—Section 21(a)(4)(C) of curs. ‘‘(k) APPLICATION OF OWNERSHIP REQUIRE- the Small Business Act (15 U.S.C. 648(a)(4)(C)) ‘‘(II) If any funds remain after the applica- MENTS.—Each ownership requirement estab- is amended to read as follows: tion of subclause (I), the remaining amount may

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 6333 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9639 be distributed as supplemental grants to any this legislation: H.R. 2614 (The Cer- There are two major provisions that State, as the Administration determines, in its tified Development Company Program were included in S. 3121, the Small discretion, to be appropriate, after consultation Improvement Act of 2000), H.R. 2615, (to Business Reauthorization Act of 2000, with the association referred to in subsection make improvements to the 7(a) guaran- which was reported favorably from the (a)(3)(A). teed business loan program), H.R. 3843, ‘‘(v) USE OF AMOUNTS.— Senate Committee on Small Business, ‘‘(I) IN GENERAL.—Of the amounts made avail- (the Small Business Reauthorization but which have not been included in able in any fiscal year to carry out this sec- Act of 2000), and H.R. 3845, (the Small the Bond-Kerry substitute amendment. tion— Business Investment Corrections Act of I have withdrawn the two provisions in ‘‘(aa) not more than $500,000 may be used by 2000). order to expedite congressional passage the Administration to pay expenses enumerated While the House-passed bill includes and the enactment of this important in subparagraphs (B) through (D) of section many important programs to help SBA and SBIR re-authorization legisla- 20(a)(1); and small businesses, there are some seri- tion. It is my intention to make pas- ‘‘(bb) not more than $500,000 may be used by ous omissions. Although I strongly the Administration to pay the examination ex- sage of these provisions a high priority penses enumerated in section 20(a)(1)(E). support H.R. 2392 as amended by the in the next Congress. ‘‘(II) LIMITATION.—No funds described in sub- House, Senator JOHN KERRY and I are Earlier this year, the Committee on clause (I) may be used for examination expenses offering an amendment in the nature of Small Business approved an important under section 20(a)(1)(E) if the usage would re- a substitute to restore some of the provision that would reverse a serious duce the amount of grants made available under most serious omissions to H.R. 2392. problem caused by the SBA in its im- clause (i)(I) to less than $85,000,000 (after ex- Our amendment adds to, but does not plementation of the HUBZone Pro- cluding any amounts provided in appropriations remove, any provisions from the gram, which the Congress enacted in Acts for specific institutions or for purposes other than the general small business develop- House-passed bill. 1997 as part of the Small Business Re- ment center program) or would further reduce The House-passed version of H.R. 2392 authorization Act. As many of my col- the amount of such grants below such amount. failed to include some very key provi- leagues in the Senate know, the ‘‘(vi) EXCLUSIONS.—Grants provided to a State sions that are critical to the mission of HUBZone Program directs a portion of by the Administration or another Federal agen- SBA in Fiscal Year 2001. The House bill the Federal contracting dollars into cy to carry out subsection (c)(3)(G) or (a)(6) or did include the Senate-passed bill to economically distressed areas of the supplemental grants set forth in clause (iv)(II) improve and extend the SBIR program country that have been out of the eco- of this subparagraph, shall not be included in for eight years, and it did adopt au- nomic mainstream for far too long. the calculation of maximum funding for a State thorization levels for SBA programs in- under clause (ii) of this subparagraph. HUBZone areas, which include quali- ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— cluded in the Senate version of the fied census tracts, rural counties, and There is authorized to be appropriated to carry Small Business Reauthorization Act of Indian reservations, often are rel- out this subparagraph $125,000,000 for each of 2000. However, the House bill failed to atively out-of-the-way places that the fiscal years 2001, 2002, and 2003. include many key provisions that were stream of commerce often by-passe. ‘‘(viii) STATE DEFINED.—In this subparagraph, approved by the Senate Committee on They tend to be low-traffic areas that the term ‘State’ means each of the several Small Business earlier this year. Our do not have a reliable customer base to States, the District of Columbia, the Common- Substitute Amendment will restore support business development. As a re- wealth of Puerto Rico, the Virgin Islands, some of the most important omitted Guam, American Samoa, the Commonwealth of sult, business has been reluctant to the Northern Mariana Islands, and any other provisions. move into these areas. It simply has commonwealth, territory, or possession of the The following is a list of the program not been profitable absent a customer United States.’’. amendments that were excluded from base to keep them operating. SEC. 606. SURETY BONDS. the House bill that we have included in The HUBZone Act seeks to overcome (a) CONTRACT AMOUNTS.—Section 411 of the the Bond-Kerry substitute amendment: this problem by making it possible for Small Business Investment Act of 1958 (15 U.S.C. Senator KERRY’s Microloan program the Federal government to become a 694b) is amended— amendments that make extensive im- customer for small businesses that lo- (1) in subsection (a)(1), by striking provements in this key small business cate in HUBZones. While a small busi- ‘‘$1,250,000’’ and inserting ‘‘$2,000,000’’; and credit program; re-authorization of the ness works to establish its regular cus- (2) in subsection (e)(2), by striking National Women’s Business Council, an ‘‘$1,250,000’’ and inserting ‘‘$2,000,000’’. tomer base, a Federal contract can (b) EXTENSION OF CERTAIN AUTHORITY.—Sec- amendment sponsored by Senator LAN- help it stabilize its revenues and its tion 207 of the Small Business Administration DRIEU during the committee markup; a profitability. This program provides Reauthorization and Amendment Act of 1988 (15 change in the small business size small business a chance to gain an eco- U.S.C. 694b note) is amended by striking ‘‘2000’’ standard system proposed by Senator nomic foothold and to provide jobs to and inserting ‘‘2003’’. FEINSTEIN that will help small fresh these areas. New businesses, more in- AMENDMENT NO. 4286 fruit and vegetable packing houses to vestments and new job opportunities (Purpose: To provide for a complete qualify for Federal disaster relief; com- mean new life and new hope for these substitute) prehensive amendments that I spon- communities. Mr. KYL. I ask unanimous consent sored to improve the HUBZone pro- When Congress enacted the HUBZone that the Senate concur in the amend- gram, which is designed to create jobs program in 1997, a lot of people were ment of the House, with a further and investments in economically dis- concerned about how the HUBZone pro- amendment which is at the desk. tressed inner cities and rural counties; gram would interact with the 8(a) mi- The PRESIDING OFFICER. Without the Native American Small Business nority enterprise program. We in Con- objection, it is so ordered. Development Center Network; and 7(a) gress agreed at that time to protect The amendment (No. 4286) was agreed guarantee business loan guarantee fee the 8(a) program by saying the two pro- to. simplification plan. grams would have parity—neither one (The text of the amendment is print- The Senate Committee on Small would have an automatic preference ed in today’s RECORD under ‘‘Amend- Business has approved the provisions over the other in getting Federal gov- ments Submitted.’’) being added to this legislation. In the ernment contracts. Mr. BOND. Mr. President, I rise case of the SBIR Reauthorization Act, Notwithstanding the 1997 Act, SBA today in support of important legisla- the full Senate has also passed separate has decided to disregard the instruc- tion to re-authorize the Small Business legislation. Most of the provisions in- tions of the Congress and put 8(a) Innovation and Research (SBIR) pro- cluded in the Bond-Kerry substitute ahead of HUBZones in every case. Even gram and other essential programs at amendment to H.R. 2392 are discussed if the Government is failing to reach the Small Business Administration at length in the following committee its HUBZone goal and is meeting its (SBA). On Monday, September 25, 2000, reports that have been filed in the Sen- Small Disadvantaged Business goal (of the House of Representatives amended ate: Senate Report 106–289, Small Busi- which 8(a) is a part), SBA insists that the Senate-passed version of H.R. 2392, ness Innovation Research Program Re- the 8(a) program still has a priority the Small Business Innovation Re- authorization Act of 2000; and Senate over the HUBZone Program. search Program Reauthorization Act of Report 106–422, Small Business Reau- SBA has abandoned the protection 2000, by adding the following bills to thorization Act of 2000. Congress included in the 1997 law when

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9640 CONGRESSIONAL RECORD — SENATE October 2, 2000 it enacted the HUBZone Program. Con- nical assistance for small businesses Hillary Rodham Clinton says, we don’t trary to the law, SBA is setting up the and budding entrepreneurs. Now is not want good ideas dying in the parking two programs in competition with each the time to turn our backs on the crit- lot of banks. We also want a safety net other, which is precisely what Congress ical role played by small businesses in when our states are hit hard by a nat- sought to prevent. Putting either pro- our vibrant economy. We need to enact ural disaster. There are many members gram in competition with the other is this comprehensive legislation now so of this Chamber, and their constitu- a prescription for one of the programs that small businesses and their em- ents, who know all too well the value to fail. ployees can receive the full benefit of of SBA disaster loans after floods, fires SBA’s position does real harm to mi- these programs. and tornadoes. nority communities as well. The 8(a) I urge my colleagues in the Senate to I will only take a short time to talk program has a role to play in ensuring vote in favor of this much needed bill. about some of important the provisions minority communities own assets in Mr. KERRY. Mr. President, let me of this bill and our managers’ amend- the economy. It ensures minority busi- say a few words about the Small Busi- ment. ness owners get the opportunity to be ness Reauthorization Act of 2000 and I am pleased that we are considering self-supporting, independent citizens the managers’ amendment that the legislation to extend the Small Busi- with a full stake in our economy. It’s Senate is considering today. While I ness Innovation Research (SBIR) pro- important that all Americans have a applaud the House for their action to gram for 8 more years as part of this piece of the economic pie. ensure the continuation of important comprehensive SBA reauthorization HUBZones and 8(a) are two prongs of Small Business Administration (SBA) bill. As many of my colleagues may the same fork. They both have a vital programs, the managers’ amendment know, this program is set to expire on role to play in ensuring opportunity. offered by Chairman BOND and myself September 30, along with many other That’s why it’s important to correct includes key provisions extending and important programs critical to our na- SBA’s current position and to keep the improving important SBA programs. tion’s small businesses. While I am two programs from competing with This bill, with the inclusion of the sorry the process has taken this long, each other. The remedial language that managers’ amendment, is comprehen- in no way should it imply that there is I have withdrawn from the Substitute sive. It reauthorizes all of the SBA’s not strong support for the SBIR pro- Amendment would have reversed the programs, setting the funding levels for gram, the Small Business Administra- SBA position and restore the equal the credit and business development tion, or our nation’s innovative small footing Congress established when it programs, and making improvements businesses. created the HUBZone program three where needed. Without this legislation, The SBIR program is of vital impor- years ago. I intend to pursue a com- the 504 loan program would shut down; tance to the high-technology sector prehensive remedy to this problem the venture capital debenture program throughout the country. For the past early next year. would shut down; and funding to the decade, growth in the high-technology On November 5, 1999, the Senate ap- states for their small business develop- field has been a major source of the re- proved unanimously S. 1346, a bill I in- ment centers would be in jeopardy. The surgence of the American economy we troduced to make the SBA Office of Ad- list goes on. I just can’t emphasize now enjoy. While many Americans vocacy a stronger, more effective advo- enough how important this legislation know of the success of Microsoft, Ora- cate for all small businesses through- is. cle, and many of the dot.com compa- out the United States. This bill was re- The SBA’s contribution is signifi- nies, few realize that it is America’s ferred to the House Committee on cant. In the past eight years, the SBA small businesses that are working in Small Business on November 8, 1999, has helped almost 375,000 small busi- industries like software, hardware, and it has failed since then to take ac- nesses get more than $80 billion in medical research, aerospace tech- tion on this important legislation that loans. That’s double what it has loaned nologies, and bio-technology that are has the strong support of almost every in the preceding 40 years since the helping to fuel this resurgence—and segment of the small business commu- agency’s creation. The SBA is better that it is the SBIR program that nity. run than ever before, with four straight makes much of this possible. By set- Consequently, when the Senate years of clean financial audits; it has a ting aside Federal research and devel- Small Business Committee marked up quarter less staff, but makes twice as opment dollars specifically for small the S. 3121, the Small Business Reau- many loans; and its credit and finance high-tech businesses, SBIR is making thorization Act of 2000, it incorporated programs are a bargain. For a rel- important contributions to our econ- the entire text of S. 1346 as a separate atively small investment, taxpayers omy. title. It was the committee’s intention are leveraging their money to help These companies have helped launch that this action might spur the House thousands of small businesses every the space shuttle; found a vaccine for committee to take action on this bill. year and fuel the economy. Hepatitis C; and made B–2 Bomber mis- Unfortunately, the Houses remains ad- Let me just give you one example. In sions safer and more effective. amant in its opposition. Both Chair- the 7(a) program, taxpayers spend $1.24 Since the start of the SBIR program man JIM TALENT and Ranking Demo- for every $100 loaned to small business in 1983, more than 17,600 firms have re- crat, NYDIA VELA´ ZQUEZ from the House owners. Well known successes like ceived over $9.8 billion in assistance. In Small Business Committee have in- Winnebago and Ben & Jerry’s are clear 1999 alone, nearly $1.1 billion was sisted that the title to strengthen examples of the program’s effective- awarded to small high-tech firms SBA’s Office of Advocacy be stricken ness. through the SBIR program, assisting from the bill. Therefore, I am with- Overall, I agree with the program more than 4,500 firms. drawing S. 1346 in order to clear the levels in the three-year reauthorization The SBIR program has been, and re- way for swift passage by the Senate bill. As I said during the Small Busi- mains, an excellent example of how and House of Representatives of H.R. ness Committee’s hearing on SBA’s government and small business can 2392 with the Bond/Kerry substitute budget earlier in the year, I believe the work together to advance the cause of amendment. program levels are realistic and appro- both science and our economy. Access Senator KERRY and I have taken priate based on the growing demand for to risk capital is vital to the growth of some very dramatic steps to insure the programs and the prosperity of the small high technology companies, that the Small Business Reauthoriza- country. I also think they are adequate which accounted for over 40 percent of tion Act of 2000 is enacted as soon as should the economy slow down and all jobs in the high technology sector possible. It is critical that the Senate lenders have less cash to invest. Con- of our economy in 1998. The SBIR pro- act quickly to adopt the substitute sistent with SBA’s mission, in good gram gives these companies access to amendment to H.R. 2392. Our substitute times or bad, we need to make sure Federal research and development amendment will have a positive impact that small businesses have access to money and encourages those who do on nearly every SBA program, from credit and capital so that our economy the research to commercialize their re- guaranteed business loans, to equity benefits from the services, products sults. Because research is crucial to en- investments, to management and tech- and jobs they provide. As First Lady suring that our nation is the leader in

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 2, 2000 CONGRESSIONAL RECORD — SENATE S9641 knowledge-based industries, which will Small Business Loan Enhancement mula that determines how much fund- generate the largest job growth in the Act. This provision adds women-owned ing each state receives. This is an im- next century, the SBIR program is a businesses to the current list of busi- portant program for all of our states good investment for the future. nesses eligible for the larger public pol- and we want no confusion about its I am proud of the many SBIR suc- icy loans. As the role of women-owned funding. Without this change, some cesses that have come from my state of businesses in our economy continues to states would have suffered sharp de- Massachusetts. Companies like Ad- increase, we would be remiss if we did creases in funding, disproportionate to vanced Magnetics of Cambridge, Mas- not encourage their growth and success their needs. I appreciate and am glad sachusetts, illustrate that success. Ad- by adding them to this list. that the SBA and the Association of vanced Magnetics used SBIR funding to The 504 loan program gets results. It Small Business Development Centers develop a drug making it easier for expands the opportunities of small worked with me to develop an accept- hospitals to find tumors in patients. businesses, creates jobs and betters able formula so that small businesses The development of this drug increased communities. It is crucial that it be re- continue to be adequately served. company sales and allowed Advanced authorized, and that is what this legis- This legislation also reauthorized the Magnetics to hire additional employ- lation does. National Women’s Business Council. ees. This is exactly the kind of eco- Another important program reau- For such a tiny office, with minimal nomic growth we need in this nation, thorized under this legislation and funding and staff, it has managed to because jobs in the high-technology strengthened by the managers’ amend- make a significant contribution to our field pay well and raise everyone’s ment is the Microloan program. I have understanding of the impact of women- standard of living. That is why I am long been a believer in microloans and owned businesses in our economy. It such a strong supporter and proponent their power to help people gain eco- has also done pioneer work in raising of the SBIR program and fully support nomic independence while improving awareness of business practices that its reauthorization. the communities in which they live. work against women-owned business, This legislation also includes H.R. This bill authorizes lower levels for the such as some in the area of Federal 2614, which reauthorizes SBA’s 504 loan microloan program than the Adminis- procurement. Recently, they com- program, which passed the Senate on tration requested. Of course, I would pleted two studies that documented the June 14, 2000. The bill and our man- prefer to have full funding because I world of Federal procurement and its agers’ amendment make common-sense believe it is important to expand the impact on women-owned businesses. changes to this critical economic de- program so that it is available every- According to the National Founda- velopment tool. These changes will where. But, compromise is part of the tion for Women Business Owners, over greatly increase the opportunity for legislative process, and a moderate in- the past decade, the number of women- small business owners to build a facil- crease is better than none at all. Nev- owned businesses in this country has ity, buy more equipment, or acquire a ertheless, I will be monitoring usage of grown by 103 percent to an estimated new building. In turn, small business microloan technical assistance and 9.1 million firms. These firms generate owners will be able to expand their have told Chairman BOND that the Sen- almost $3.6 trillion in sales annually companies and hire new workers, ulti- ate Committee on Small Business and employ more than 27.5 million mately resulting in an improved local should revisit the issue before the end workers. With the impact of women- economy. of the three-year reauthorization pe- owned businesses on our economy in- Since 1980, over 25,000 businesses have riod if the level authorized is inad- creasing at an unprecedented rate, received more than $20 billion in fixed- equate to meet program needs. Congress relies on the Council to serve asset financing through the 504 pro- In addition to funding, our managers’ as its eyes and ears as it anticipates gram. In my home state of Massachu- amendment also makes important the needs of this burgeoning entrepre- setts, over the last decade small busi- changes to the microloan program. We neurial sector. Since it was established nesses have received $318 million in 504 have heard from intermediaries and in 1988, the bipartisan Council has pro- loans that created more than 10,000 economic development activists around vided important unbiased advice and jobs. The stories behind those numbers the country that with some adminis- counsel to Congress. say a lot about how SBA’s 504 loans trative and legislative changes, this help business owners and communities. program could have a greater impact. This Act recognizes the Council’s For instance, in Fall River, Massachu- This bill takes some important steps in work and reauthorizes it for three setts, owners Patricia Ladino and Rus- the right direction. Right now we have years, from FY 2001 to 2003. It also in- sell Young developed a custom packing 156 microlending intermediaries. This creases the annual appropriation from plant for scallops and shrimp that has bill will permit the program to grow to $600,000 to $1 million. The increase in grown from ten to 30 employees in just 250 in FY 2001; to 300 in FY 2002, and to funding will allow the council to: sup- two short years and is in the process of 350 in FY 2003. It also increases loan port new and ongoing research; produce another expansion that will add as levels and technical assistance levels and distribute reports and rec- many as 25 new jobs. over three years. With more technical ommendations prepared by the Coun- Under this reauthorization bill, the assistance, we will be able to increase cil; and create an infrastructure to as- maximum debenture size for Section the number of intermediaries, and sist states develop women’s business 504 loans has been increased from therefore reach more borrowers in advisory councils, coordinate summits $750,000 to $1 million. For loans that rural areas or large states. I also sup- and establish an interstate commu- meet special public policy goals, the port the provision to raise the cap on nication network. maximum debenture size has been in- microloans from $25,000 to $35,000, mak- The Historically Underutilized Busi- creased from $1 million to $1.3 million. ing it adequate to help micro-entre- ness Zone, or ‘‘HUBZone’’ program, It has been a decade since we increased preneurs in states and urban areas which passed this Committee in 1997, the maximum guarantee amount. If we where operating costs are more expen- has tremendous potential to create were to change it to keep pace with in- sive. Senator SNOWE’s provision to es- economic prosperity and development flation, the maximum guarantee would tablish $1 million for peer-to-peer in those areas of our Nation that have be approximately $1.25 million instead training for microlenders is also in- not seen great rewards, even in this of $1 million. Instead of implementing cluded. I strongly support this concept time of unprecedented economic health such a sharp increase, we are striking a because it will help the program grow and stability. This program is similar balance between rising costs and in- while maintaining its high quality and to my New Markets legislation in that creasing the government’s exposure low loss rates. it creates an incentive to hire from, and only seeking to increase the cap to Small Business Development Centers and perform work in, areas of this $1 million. (SBDC) are also reauthorized under country that need assistance the most. I am pleased to say that this legisla- this legislation. SBDCs serve tens of This bill would authorize the HUBZone tion also includes a provision assisting thousands of small business owners and program at $10 million for the next 3 women-owned businesses, which I first prospective owners every year. This years, which is $5 million above the Ad- introduced in 1998 as part of S. 2448, the bill takes a giant step to retool the for- ministration’s request.

VerDate Mar 15 2010 22:43 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2000SENATE\S02OC0.REC S02OC0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9642 CONGRESSIONAL RECORD — SENATE October 2, 2000 Additionally, the managers’ amend- REFERRAL OF S. 1840 RECESS UNTIL TUESDAY, ment included very important provi- Mr. KYL. Mr. President, I ask unani- OCTOBER 3, 2000 sions to include those areas which were mous consent that when the Com- Mr. KYL. Mr. President, if there is no inadvertently missed when this legisla- mittee on Indian Affairs reports S. tion was crafted—namely, Indian tribal 1840, a bill to provide for the transfer of further business to come before the lands. I appreciate the willingness of public lands to certain California In- Senate, I now ask unanimous consent the Committee on Indian Affairs to dian tribes, it then be referred to the the Senate stand in recess under the work with our Committee to create Energy Committee for a period not to previous order. HUBZone opportunities in the states of exceed 7 calendar days. I further ask Alaska and Hawaii, and in other Indian There being no objection, the Senate, consent that if S. 1840 is not reported at 6:32 p.m., recessed until Tuesday, tribal lands. prior to the 7 days, the bill then be dis- October 3, 2000, at 9:30 a.m. The HUBZone section does not con- charged from the Energy Committee tain any provision addressing the and placed on the calendar. f interaction of the HUBZone and 8(a) The PRESIDING OFFICER. Without minority contracting programs. I be- objection, it is so ordered. NOMINATIONS lieve that the 8(a) program is an impor- f tant and necessary tool to help minor- Executive nominations received by ity small businesses receive access to ORDERS FOR TUESDAY, OCTOBER the Senate October 2, 2000: government contracts. The Chairman 3, 2000 CORPORATION FOR NATIONAL AND COMMUNITY and I agree that there is a need to en- Mr. KYL. Mr. President, I ask unani- SERVICE hance the participation of both 8(a) and mous consent that when the Senate RANDOLPH J. AGLEY, OF MICHIGAN, TO BE A MEMBER HUBZone companies in Federal pro- completes its business today, it recess OF THE BOARD OF DIRECTORS OF THE CORPORATION curement. It is my intention that the until the hour of 9:30 a.m. on Tuesday, FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM Senate Committee on Small Business October 3. I further ask unanimous OF ONE YEAR. (NEW POSITION) consider the issue of enhancing small consent that on Tuesday, immediately EQUAL EMPLOYMENT OPPORTUNITY COMMISSION business procurement in the next Con- following the prayer, the Journal of REGINALD EARL JONES, OF MARYLAND, TO BE A MEM- gress. proceedings be approved to date, the BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- The Senate managers’ amendment time for the two leaders be reserved for MISSION FOR A TERM EXPIRING JULY 1, 2005. (RE- APPOINTMENT) also includes a provision relating to their use later in the day, and the Sen- SBA’s cosponsorship authority. This ate then begin final remarks on the H– NATIONAL FOUNDATION ON THE ARTS AND THE authority allows SBA and its programs 1B visa legislation under the previous HUMANITIES to cosponsor events and activities with order. HSIN-MING FUNG, OF CALIFORNIA, TO BE A MEMBER OF private sector entities, thus leveraging The PRESIDING OFFICER. Without THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- PIRING SEPTEMBER 3, 2006, VICE SPEIGHT JENKINS, the Agency’s limited resources. The objection, it is so ordered. TERM EXPIRED. managers’ amendment extends the au- Mr. KYL. I further ask unanimous thority for three additional years. This consent that the Senate stand in recess UNITED STATES PAROLE COMMISSION provision also adds ‘‘information and for the weekly party conferences to EDWARD F. REILLY, JR., OF KANSAS, TO BE A COMMIS- education’’ to the types of assistance meet from 12:30 to 2:15 p.m. SIONER OF THE UNITED STATES PAROLE COMMISSION FOR A TERM OF SIX YEARS, VICE JOHN R. SIMPSON, that can be provided to small busi- The PRESIDING OFFICER. Without TERM EXPIRED. nesses by public and private sector or- objection, it is so ordered. SOCIAL SECURITY ADVISORY BOARD ganizations working with the SBA. f This provision was recommended by MARK A. WEINBERGER, OF MARYLAND, TO BE A MEM- PROGRAM BER OF THE SOCIAL SECURITY ADVISORY BOARD FOR A the SBA as an effective change to TERM EXPIRING SEPTEMBER 30, 2006, VICE HARLAN MAT- training programs that are jointly run Mr. KYL. For the information of all HEWS, RESIGNED. by the SBA and partner organizations. Senators, the Senate will begin closing IN THE AIR FORCE Mr. President, let me conclude by re- remarks on the H–1B visa bill at 9:30 minding my colleagues that all of our a.m. Following 30 minutes of debate, THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- POINTMENT IN THE GRADE INDICATED IN THE UNITED states benefit from the success and the Senate will proceed to vote on the STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 2114: abundance of small businesses. This bill. The Senate will then proceed to legislation makes their jobs a little executive session with several hours of TO BE CAPTAIN easier. I ask my colleagues for their debate on judges and up to four votes JOHN B. STETSON, 0000 support of this important legislation. could occur after 2 p.m. CHRISTINE E. THOLEN, 0000

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