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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, SEPTEMBER 4, 2001 No. 113 House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, September 5, 2001, at 2 p.m. Senate TUESDAY, SEPTEMBER 4, 2001

The Senate met at 10 a.m. and was We express our profound sympathy to RESERVATION OF LEADER TIME called to order by the Honorable HARRY the family of former House of Rep- The PRESIDING OFFICER (Mr. DUR- REID, a Senator from the State of Ne- resentatives Chaplain, James Ford. BIN). Under the previous order, the vada. Comfort and bless them in this time of leadership time is reserved. grief and loss. You are our only Lord f PRAYER and Saviour. The Chaplain, Dr. Lloyd John Amen. MORNING BUSINESS Ogilvie, offered the following prayer: The PRESIDING OFFICER. Under Gracious Father, You are the source f the previous order, there will now be a of strength when we trust You, the period for the transaction of morning source of courage when we ask for Your business not to extend beyond the hour help, the source of hope when we won- PLEDGE OF ALLEGIANCE of 11 a.m. with Senators permitted to der if we can make a difference, the The Honorable HARRY REID led the speak for up to 10 minutes. Under the source of peace in the stresses and Pledge of Allegiance, as follows: previous order, the time until 10:30 strains of applying truth to the forma- a.m. shall be under the control of the tion of public policy. Bless the Sen- I pledge allegiance to the Flag of the United States of America, and to the Repub- Senator from Wyoming, Mr. THOMAS, ators as they return from the August lic for which it stands, one nation under God, or his designee. recess to a heavy and demanding fall indivisible, with liberty and justice for all. f schedule of the ongoing challenges and RECOGNITION OF THE ACTING opportunities in this 107th Congress. f Help them to reaffirm the basic abso- MAJORITY LEADER lutes of faithfulness and obedience to The PRESIDING OFFICER. The Sen- You: Remind them that they are here APPOINTMENT OF ACTING ator from Nevada. by Your permission; rekindle in them a PRESIDENT PRO TEMPORE holy passion for social righteousness; The PRESIDING OFFICER. The restore a profound patriotism for this clerk will please read a communication SCHEDULE Nation You have blessed so magnifi- to the Senate from the President pro Mr. REID. Mr. President, today the cently; and refract the eyes of their tempore (Mr. BYRD). Senate will be in a period of morning minds to see Your plan for America The assistant legislative clerk read business until 11 a.m. as has been an- spelled out in the specifics of the legis- the following letter: nounced by the Chair. At 11 a.m. today, lation to be debated and decided in the Senate will begin consideration of U.S. SENATE, these next weeks. PRESIDENT PRO TEMPORE, S. 149, the Export Administration Act. We ask for Your encouraging pres- Washington, DC, September 4, 2001. There will be at least one rollcall vote ence and enabling power for TOM To the Senate: today that will occur at 5 p.m. DASCHLE and TRENT LOTT, HARRY REID Under the provisions of rule I, paragraph 3, ORDER FOR RECESS and DON NICKLES as they exemplify of the Standing Rules of the Senate, I hereby I ask unanimous consent that the re- greatness in cooperative leadership of appoint the Honorable HARRY REID, a Sen- cess scheduled for 12:30 to 2:15 p.m. the Senate. All of us—Senators, offi- ator from the State of Nevada, to perform today be vitiated and the Senate recess cers, and the over 6,000 people who the duties of the Chair. tomorrow, Wednesday, September 15, form the Senate family—humble our- ROBERT C. BYRD, from 12:30 to 2:15 p.m. for the weekly selves to receive Your inspiration and President pro tempore. party conferences. dedicate our work to serve You as the Mr. REID thereupon assumed the The PRESIDING OFFICER. Without only sovereign of this land. chair as Acting President pro tempore. objection, it is so ordered.

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

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VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9012 CONGRESSIONAL RECORD — SENATE September 4, 2001 The Senator from Wyoming. When we first started talking about question about that. Some in this Mr. THOMAS. Mr. President, I re- energy 6 or 8 months ago, California body, of course, want more govern- quest the opportunity to speak in was undergoing an energy shortage. It ment. Some want more spending. Some morning business. certainly seemed that it was a crisis. are very sorry about tax relief because The PRESIDING OFFICER. The Sen- Then we got over that a little bit; some it may reduce the spending. ator is recognized. of the gas prices began to go down I have to tell you that I think we f some, although they are coming back really ought to stay within the budget THE SENATE AGENDA up again now, but the problem still re- we passed, which is about a 4-percent mains. We have not resolved the energy increase. I hope we don’t go back to Mr. THOMAS. Mr. President, all of us problem at all. I hope that will be a last year’s history and increase it by 14 are pleased to be back, able to go on high priority for us during these clos- or 15 percent. I think that is a mistake. and finish the business we have yet to ing weeks. Some of us had hoped it Certainly, things are a little different do. There is a lot of it, of course. I have would have been a priority before now, now when we are faced with this slow- read from time to time that we have but it has not been. Now I think it is ing of the economy. been on vacation. I have to tell you, it clear it needs to be. Speaking of the political issue, back is scarcely a vacation. All of us spend One of the other things I heard a in April, for example, there was a lot of this time, as we should, traveling in great deal about, which I suppose is a talk about tax relief. There was a Dem- our States and visiting with the people little different in a State such as Wyo- ocrat amendment to increase the we represent. Frankly, it is a real ming where 50 percent of the State be- amount of tax relief to $85 billion. It pleasure and honor to travel about Wy- longs to the Federal Government, is was defeated by 94 to 6. In July there oming this time of year. It is impor- that this administration has indicated was another Democrat amendment tant that we reflect on what we have and is beginning to demonstrate that that would repeal the immediate tax heard, some of the issues laid before us, they are willing and anxious to have rebate. It failed 91 to 3. some of the notions of the people at more local input into the decisions The idea that there is now an effort home. After all, it is our responsibility that affect public land and affect the to move some responsibility to the to be here to represent those people. people who live by and depend on pub- White House for added tax reduction There are a number of things we all lic land. That is not saying it is going and so on is just not the case. It is just hear about and hear about repeatedly to protect the environment. It says a political kind of issue. We hear all while we are in our States. One of them that each area, each park, and each kinds of political views in the Senate, is the tax issue, the idea of tax reduc- forest is unique, and to try to set na- and various Senators on the other side tion, and specifically the returns that tionwide standards from Washington, have been made during this period of of the aisle have said it should have as has been done in the recent past, is been larger and kicked in sooner. Some time. Many people have received their not a workable situation. Our folks are $600 or $300. I heard a great deal about are using radio programs to say to very pleased about that. their constituents that this was a great that. I heard a great deal of praise and Finally, I will take a moment to say, support for tax relief, having an oppor- thing to do. Indeed, it was. as someone who feels some responsi- We are going to have a lot of talk tunity to receive those dollars that bility, that I like the idea that we are about the surplus, of course, and about were deemed to be surplus. They were paying down the debt. That is good. not dollars that belonged to Wash- the differences between OMB and the We have a number of things to do. Congressional Budget Office. The fact ington; they were dollars that belonged Certainly this whole business of appro- to the taxpayers. is that both sets of figures show that priations needs to be done. this is the second largest surplus in I heard that quite often. Frankly, I I have already mentioned energy. was very pleased to hear that and also I hope we are able to work some more history. It is. The new numbers, of to share the belief that the return of on simplifying and making Medicare a course, really say that what is most tax dollars certainly is appropriate in a little more workable and putting phar- important is that we do not have irre- time of a slowing-down economy. maceuticals into it. We are working on sponsible spending. If we can follow the We also hear a great deal about budg- that, of course, in the Finance Com- budget we passed and say that is what ets. Most people do understand that, mittee, and we will continue to do so. we want to do, then we will be in good depending on your point of view about There are dollars in the budget to do shape. the size of government and the involve- those things. The President’s budget protects So- ment of government, sticking to budg- Education: We need to complete our cial Security and Medicare. Besides, ets is a very important issue. Of work on education, of course. Some- the surplus, frankly, has no impact on course, it is very significant now as we times it seems the only solution to those trust funds. The President’s pri- enter into this last month. We are sup- education is the dollars. Dollars are orities are to protect Social Security posed to pass all the appropriations necessary, but dollars alone do not and Medicare. We are going to improve bills and come up with next year’s work. We need to have some account- Medicare to help seniors. We are going spending outline during these next sev- ability. We need to have some local to work on that. eral weeks. That is a relatively short control. We are paying down a good deal of time to do that. In any event, I think we have some publicly held debt. Sometimes we have The majority of people I spoke with real challenges before us and an oppor- to review what happens to a surplus. If said: You passed a budget; stay with tunity to accomplish them. Frankly, I we use it to pay down publicly held the budget and a 4 percent increase, am a little discouraged about what I debt, then debts are created for the which is a reasonable increase; stay read and hear—that we are entering various programs under the trust with it. Of course, that is not what we into a time when many people, particu- funds. That is the way it works. It is have done over the last number of larly I think on the other side of the the only place to put the money to years. I think that shows a good deal of aisle, are more interested in developing have a return on the money that is knowledge about what is happening. issues for their upcoming campaigns there and meeting the needs that are In Wyoming, where we are involved than they are in solving the problems. set forth. in the production of energy, whether it I hope that is not the case. We are try- I hope we can hold the political rhet- be gas or oil or coal, there is a great ing to, of course, work towards mid- oric to a minimum and deal with the deal of interest in energy policy. That term, which becomes very political, a real issues and the fact that we have is something we have not had for a little more than a year from now. Poli- the second largest surplus in history. very long time. The President set one ticking is fine, issues are fine, but Besides, the budget surplus really has forth and, as a matter of fact, the when a political issue becomes more no impact on the trust funds. It has House has passed an energy bill. We important than resolving the problem been that way over the years. We have have not. It is one of the issues that before us, I think that is a mistake. I to pay down a historic amount of pub- ought to be a priority. The folks at think we are going to see some of that. licly held debt and work to foster eco- home indicated to me it ought to be a Certainly, there are different views nomic growth. That is one of the ways priority. about how we go forward. There is no to do that.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9013 I see my friend from Iowa is here. that area. We can do it as individuals capacity, particularly if you have mine I urge setting those issues before us and we can do it as governments and mouth which is very efficient. So these and moving to resolve them in a fash- still continue to be productive. Con- are issues that need to be dealt with in ion that is best for this country. servation should be part of our energy terms of an energy policy. I yield the floor. plan. There are many groups that be- One of the issues in terms of trans- f lieve conservation is very important. mission capacity is to have a nation- One of the other areas of energy pol- wide grid so electric power can be MEASURE PLACED ON THE icy has to do with renewable energy. moved across the country and can be CALENDAR—H.R. 4 We have renewables that are growing. moved into the RTOs, the regional The PRESIDING OFFICER. The Sen- We have wind energy, hydroenergy, and transmission organizations, and be- ator from Nevada is recognized. other kinds of energy that I suppose come an efficient transmitter of en- Mr. REID. Mr. President, I under- have potential for the future. Outside ergy. We can, in fact, do that. stand there is a bill at the desk due for of hydro, renewables now represent I believe there needs to be an empha- its second reading. about 1 percent of our total energy sis on this energy question between The PRESIDING OFFICER. The usage, but, nevertheless, we ought to now and the time we adjourn so we can clerk will report. be doing something in that area. To do get into the field and begin to make The Legislative clerk read as follows: that, of course, we need research and some difference in terms of where our A bill (H.R. 4) to enhance energy conserva- research dollars. energy sources are coming from so we tion, research and development and to pro- Our committee has already dealt can continue to have reasonably priced vide for security and diversity in the energy with research, but there needs to be a energy in order to fuel an economy supply for the American people, and for considerable amount of research in the that we would like to have, which obvi- other purposes. whole area of conservation, of renew- ously is necessary in order to do that. Mr. REID. Mr. President, I ask unan- ables, of how to have more efficient So I am hopeful that as we set our imous consent that there be no further production with less impact on the en- priorities for where we go we will in- proceedings at this time on this bill. vironment. So that is a very real part clude that in the very near future. We The PRESIDING OFFICER. Without of energy research. have talked about it a great deal. I objection, it is so ordered. The bill will Then, of course, the real key is pro- think actually in a lot of ways there be placed on the calendar. duction. We have allowed ourselves in isn’t a lot of controversy. There has The Senator from Iowa is recognized. the energy production field to become been controversy, of course, in relation (The remarks of Mr. GRASSLEY per- dependent on OPEC. Nearly 60 percent to having access to public lands and taining to the introduction of S. 1397 of our energy resources now come from the idea of protecting the environment are located in today’s RECORD under overseas. When they change their which has to go with energy develop- ‘‘Statements on Introduced Bills and views, or when things happen over in ment. Some have used ANWR up in the Joint Resolutions.’’) those countries, it impacts our econ- north region as a poster child for not The PRESIDING OFFICER. The Sen- omy and our society. ator from Wyoming. We need to have an opportunity to getting into public lands. The fact is, the House-passed provision is 2,000 Mr. THOMAS. How much time do we increase production and to do it with acres out of 19 million that would be have remaining? diversity so we can use various kinds of accessible for a footprint. So we are The PRESIDING OFFICER. Seven energy, which includes coal. Part of pretty close to some agreements on minutes twenty seconds. the research is to make coal even more how we can set this country forward in clean in terms of the air. We need to f terms of a source and an opportunity have diversity in terms of using gas, ENERGY POLICY to have affordable energy. coal, nuclear, oil, and renewables so we Mr. THOMAS. Mr. President, I want Mr. President, I yield the floor. do not find ourselves becoming depend- The PRESIDING OFFICER. The Sen- to expand a little bit on the question of ent on one source. ator from Nevada. energy policy. As I mentioned before, Unfortunately, the plans that were Mr. REID. Mr. President, I have an- there certainly have been some sort of underway for having additional other subject upon which I am going to changes in the California situation. generating plants almost all had to do speak. I do want to make a couple of There have been some changes with natural gas. Natural gas is a good comments on the statements made by throughout the country in gas prices source of energy, but our largest en- my friend, the distinguished Senator and other kinds of energy prices. They ergy resource is coal. If we can con- from Wyoming. are not significant changes and, indeed, tinue to make coal even more clean, This last couple weeks has been now we see them moving back again. why, certainly that is a source of en- somewhat troublesome to me because The point we do not want to overlook ergy that ought to be used for genera- we have all been spread around the is that when we had what we called an tion. country not able to respond to the energy crisis 6 or 8 months ago, we had Also, we have not built generation President who, of course, has the abil- a problem; and the problem basically, plants for a very long time. Part of the ity to speak from any place in the of course, was that demand was grow- reason for that is because of the uncer- world. What has concerned me a great ing but supply was not. We had a prob- tainty of some reregulation and ideas deal is the President and his Director lem in terms of the amount of refining that are out there. In the past, when of Budget Mitch Daniels talking about capacity in this country. It had not utilities served a particular area, they this great surplus we have, the second grown for a very long time. The same produced and generated the electricity. largest surplus in the history of the was true with electric generation. That was a pretty simple arrangement. country. They failed to mention the We overcame that problem largely, I Now we find more people looking at surplus is all Social Security surplus. suppose, because, among other things, generation as a marketable com- Of course, we have a surplus because winter was over and some of the refin- modity. It does not have to be tied to Social Security is not something that eries that had to make fuel oil for New any particular area. But what is the se- is funded as we go along. We forward England had changed their production. cret to making that work? More trans- fund Social Security. We have huge But the fact is, the problem is still portation. More transmission. amounts of money coming into the So- there. We do need an energy policy. If you cannot move energy from the cial Security trust fund today that we I urge that we do move forward. The place it is developed and manufactured are not paying out. That is the way it President has put forth a policy—and to where the markets are, of course, was planned in 1983 when there was a much of it is incorporated in what has then that is part of the problem. The compromise reached by Tip O’Neill, passed in the House—that I think main source in the West for coal and Ronald Reagan, Claude Pepper, and a makes a lot of sense. It includes con- gas has been the Mountain States area: few others. So people, including the servation, having some opportunities Wyoming, Montana, Colorado, and New President of the United States, who for conservation in the usage of energy. Mexico. But in order to get it to the talk about this huge surplus are not There are many things we could do in market, you have to have transmission being fair to the American public.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9014 CONGRESSIONAL RECORD — SENATE September 4, 2001 We do not have a surplus. The surplus job. I was a city attorney for the city at getting into buildings. They are ex- is a Social Security surplus. The econ- of Henderson. Henderson at the time perts at negotiating with people. omy is in a tremendous downturn. This was a suburb of Las Vegas and a rel- As I speak, there is a situation going country’s tax revenues are signifi- atively small community. Now, by Ne- on since the weekend. In Michigan, one cantly lower than they have been in a vada standards, it is a large city, the person has been killed. There is an- long time. We have had 8 years where second largest city in Nevada, ap- other person negotiating in this com- we have brought down the debt. proaching about 250,000 people. pound. These are experts that are doing In fact, the 1993 budget deficit reduc- When I was city attorney, one of the the negotiating. In effect, we have be- tion act, passed in the House without a things I did was prosecute people con- come more modern. We are doing a bet- single Republican vote, passed in the victed of misdemeanors, but one of the ter job of law enforcement. We are Senate without a single Republican big jobs I had was prosecuting drunk doing a better job keeping up with the vote—Vice President Gore had to break drivers. Prosecuting drunk drivers was criminal element. That is why I want the tie—put this country on a road to very difficult because a police officer to bring to the Senate’s attention the economic stability. We have 300,000 would stop somebody and say: OK, put promise of something I think is in fewer Federal jobs than we had in 1993. your finger to your nose, walk on the keeping with what I believe is the di- We have a surplus that we have never line—all these things they had people rection law enforcement should go. had before. And that is as a result of do who were suspected of drunk driv- That is photo enforcement of traffic the efforts of President Clinton and his ing. They would come in and the per- laws. Democratic colleagues in the House son charged would say: I hadn’t had Each year there are about 2,000 and the Senate. anything to drink; I don’t know why I deaths and probably about 250,000 inju- We have experienced inflation lower was arrested. And the police officer ries in crashes involving motorists who than it has been in some 40-odd years. would say: His eyes were bloodshot; I ignore red lights. More than half of We have done remarkably good things could smell liquor on his breath. It was these deaths are pedestrians or pas- with the economy, created 24 million a factual issue as to whether or not sengers in other vehicles who are hit new jobs, in the 8 years it took us to do that person had been drinking. by these people who run the red lights. that. It has been 8 months that this ad- After I was city attorney, along came Between 1992 and 1998, about 1.5 million ministration has been in office, and some new procedures. You could people were injured in these accidents. they have taken this away from us, in breathe into a piece of equipment and It is easy for us to talk about injuries effect. Social Security surplus moneys it would determine how much alcohol as compared to deaths; maybe they had were once used to mask the Federal was in your system or an even more a broken arm, maybe a whiplash. But deficit. We stopped doing that. But now sure-fire way was blood alcohol tests. lots of these people are confined to the second Bush Presidency is using That way the driver was protected. The wheelchairs. Lots of these people are Social Security surpluses to again driver was protected because the driver injured irreparably. They have been mask this deficit. no longer had to depend on some police hurt so bad their life is never going to I can’t imagine how anyone can come officer who may have been mad at him, be the same, as a result of people try- on the floor and say with a straight may have had some personal grudge ing to save the second or two running face that we have the second largest with him, may have not liked the kind a red light. surplus in the history of the country, of car he was driving or the color of his We have all witnessed it. Probably, unless they are candid and say that it skin. Now this person driving could we have truthfully all run a red light is as a result of the Social Security have a blood test administered and or two. The signal changes to yellow surplus. That is what it is all about. I show that he was not drinking or they and vehicles continue to pass through hope my friend from Illinois has an op- could breathe into a balloon and a the intersection with little hesitation. portunity today; I know he has some breathometer would tell whether or The light turns red and one or two things to say about this. not he had anything to drink—sci- But let’s also talk about energy pol- more cars blow past in a hurry, speed- entific advancements to protect not icy. One of the biggest robberies in the ing through intersections until the last history of this country took place in only the accused but also to protect possible second. Unfortunately, experi- Congress the last week that the House the State. ence has taught us that we can get When I decided to run for Congress at was in session when they passed the en- away with it. the beginning of the 1980s, one of the For example, there are about a thou- ergy bill. The reason I say it was a rob- people who I recognized was doing bery is because people who voted for sand intersections with traffic signals some really good things for many years that bill thought that they had limited in the greater Las Vegas area. Odds are was a Congressman from New York by the drilling in ANWR to 2,000 acres. very good that the police won’t be the name of James Scheuer. What had That is a big diversion from the truth. watching when we drive through an The fact is, they now allow them to Congressman Scheuer done that at- intersection a little too late. Nevadans have 2,000 acres of oil derricks all over tracted my attention? He gave speech- have paid a high price for this dare- the Arctic national wilderness. That is es around the country and in Congress devil driving. Las Vegas ranks 12th in what they would allow, 2,000 acres of on the need for police officers to have the Nation in deaths attributed to mo- equipment. This could cover 150,000, more scientific equipment to keep up torists running red lights. 200,000 acres of pristine wilderness. with the more scientific criminals. I I can’t help but think that Las Vegas There are some of us who believe so thought this was intriguing. I thought streets, as well as streets nationwide, strongly about this drilling in the Arc- it was true. Having been a prosecutor would be a lot safer if there were con- tic national wilderness that we will do and having been a defense attorney, I sequences for running red lights. What just about anything to stop it from recognized that was true. if there were a traffic officer at every happening. We are not going to let I was able as a defense attorney to do intersection, all 1,000 intersections them drill in the Arctic wilderness. We a lot of things to really hinder the where there are red lights in Las are not going to let them pull this process. That was part of my job. And Vegas? Let’s say there was a traffic of- phony situation where they say we are because we were more in tune with ficer, or at least that were a possi- only going to drill on 2,000 acres when, modern scientific things we could hold bility. The District of Columbia found in fact, the legislation states that they up warrants and all kinds of things. out that they can do that. In 1999—and are going to allow oil equipment on But we have gotten more modern. We I have spoken to the chief as late as 2,000 acres. have electronic warrants that are now this morning—the District began using We don’t have a surplus. We are not available. We have video arraignments cameras to catch motorists running going to allow drilling in ANWR. for people charged with crimes. We red lights. Thirty other districts in the f have SWAT teams, special weapons country have similar laws. people who come in and in a special sit- For those unfamiliar with photo en- RED LIGHT CAMERAS uation can really go into a building, forcement, most use cameras after the Mr. REID. Mr. President, when I first which is safer for the people in the light has turned red. A photo of the in- got out of law school, I had a part-time neighborhood. These people are experts fraction or violation is taken and later

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9015 mailed to the red light runner or the What is this lobbying organization Today, another kind of gadget records ob- address that corresponds to the license that has very little power? It is called jectively and averts future accidents: red- plate. the American Trauma Society. I am light cameras installed at intersections to With the stepped up enforcement, sure the Presiding Officer has met with automatically record and ticket violators. House Majority Leader Dick Armey is up in motorists in the District of Columbia them. I have gone to their facilities arms, however, assailing the camera as an running red lights may have saved a and seen the people who have had these ‘‘unthinking machine’’ that has usurped po- minute or two, but they have not been terrible head injuries. Most are traffic lice officers in the performance of their ‘‘tra- getting away with it. Since the Dis- related; many are people having run ditional duties.’’ trict began using cameras, the number red lights. When Armey says that the answer to red- of motorists running red lights—I On this issue, the American Trauma light violations is ‘‘putting cops on the talked to the chief this morning—is Society, composed of emergency room beat,’’ is that meant in the truly traditional sense of walking the beat? Even if granted down 57 percent from 1999, when they personnel, would like to have fewer customers, and they point to studies dispensation to use unthinking machines were installed. They don’t have them with wheels—automobiles—police officers at all intersections, but drivers think that cameras reduce violations by 40 giving physical chase to red-light-running they might. So people running red percent. drivers must run the light, too. With 1 mil- lights has dropped almost 60 percent. The American Civil Liberties Union, lion crashes at intersections each year, caus- Think of the people who are not in which opposes a lot of things, dropped ing 250,000 injuries and 2,000 deaths, the car- wheelchairs. Think of the people who its opposition to red light cameras be- nage is bad enough now. have not had to go to the hospital. cause they recognize there is a limit As a former professor of economics, Armey surely is capable of grasping the concept of Think of the lives saved as a result. In even to what they can go to. They believe this is something that helps keep productivity gains that follow automation. a report released in April of this year, When he gravely intones that ‘‘police officers the Insurance Institute for Highway highways safe. With a million crashes belong on the streets and in the community, Safety state that camera enforcement at intersections each year, causing not in remote control booths,’’ he is has changed drivers’ behavior and may 250,000 injuries and 2,000 deaths, the demagoguing. The cameras are activated have prevented collisions and injury in carnage is very bad. automatically by sensors embedded in the car accidents. That is a no-brainer. The Why do I raise this issue? Because road, capturing in a single frame the car’s li- number of crashes at intersections changing driver behavior in a meaning- cense plate, presence in the intersection, and ful way will save lives. Studies show the color of the traffic light. The evidence is with traffic signals has dropped. Front- incontrovertible, wonderfully so if you’d like end and side injury collisions, most that more than 90 percent of Ameri- cans believe red light running is dan- to see the incidence of death and mayhem commonly associated with red light decline, and maddeningly so if you believe running, fell as well. gerous. The vast majority of citizens that a traffic light’s signal is best left to you Most surprising is that drivers’ be- and law enforcement officials support alone to interpret. havior changed throughout the city, the use of photo enforcement to stop Video on demand. The newest generation and not just at intersections with cam- red light running. Some may not agree. of ‘‘unthinking machines’’ that Armey de- eras. Even though only 39 of the Dis- They say this is ‘‘big brother.’’ tests are actually doing considerable think- Going back to when I was city attor- ing on their own. Digital video systems use trict of Columbia’s signals were software to tract the progress of approaching equipped with cameras—the red ney, we needed modern law enforcement methods to keep up with crimi- vehicles and predict whether the driver will lights—traffic violations have dropped stop for the red light. If it appears likely at all city intersections. Enforcement nals and also those accused. It doesn’t that the driver is going to motor through, is changing the way the residents matter whether it is cop or a camera; the system will extend the red light shown drive. They are better off for it. We all it is getting caught that counts. There to the cross traffic, removing the chance of are. are consequences for breaking traffic a collision with a law-abiding driver about to Nationwide, there have been signifi- laws. Ensuring the safety and well- set off in harm’s way. EDS, which markets the system as cantly fewer front-end and side colli- being of America’s families and neigh- borhoods should be one of our top pri- CrossingGuard—admittedly, not as catchy as sions following the introduction of Drunkometer—is considering offering police camera enforcement. Nine States have orities. Photo enforcement supports departments the ability to post video clips either granted use of cameras state- this priority in a way that is constitu- on the Web. The ticket that is mailed out wide or are allowing them. The data tionally effective and proven free of would include a Web address and password; makes a compelling case for wide- bias. the recipient could have a look and judge the spread cameras. Photo enforcement of I want those 30 jurisdictions, includ- wisdom of contesting on epistemological traffic laws helps catch and identify ing the chief in the District of Colum- grounds what can be seen plainly in beau- tiful, living color. lawbreakers and serves as a deterrent bia, to know I am going to do what I can to support his position and not go What if the culprit was a friend to whom for reckless drivers. you loaned the car? The systems can be set The sad truth is that most drivers off on some side issue or side street up to capture the faces of drivers as well as obey traffic laws not because they will issue saying this is ‘‘big brother’’ or license plates; the degree of intrusion is de- prevent crashes or save lives—although that Orwellians are coming after us. termined by requirements of varying state that is what some say—but because There is a lot of agreement in the laws. What makes the most sense is the ap- they believe there is a real chance they country, not the least of which was a proach taken by New York: ‘‘Owner liability’’ allows the state to treat red-light run- might be caught and fined. That is why very fine editorial in the U.S. News and World Report of September 3 of this ning like a parking citation, which makes everybody slows down when a police registered owners responsible regardless of car is nearby. When enforcement is year written by Randall E. Stoss, ‘‘Choose Life Over Liberty.’’ I ask who actually drives. The American Civil Lib- present, accidents fall. erties Union dropped its opposition to the I am sorry to report that in its 1999 unanimous consent that the article be red-light cameras with the proviso that the session the Nevada Legislature passed printed in the RECORD. cameras be trained only on the license a bill banning the use of cameras to en- There being no objection, the article plates. force traffic laws, citing concern over was ordered to be printed in the Armey’s opposition to the cameras places RECORD, as follows: him somewhere off to the left of the ACLU. government intrusion. He is also taking on a small 2,700-member On this date, I am writing a letter to [From U.S. News & World Report, Sept. 3, 2001] group that may not have a lot of political the State of Nevada, along with the weight in Armey’s Washington, but never- CHOOSE LIFE OVER LIBERTY majority leader of the Senate, telling theless carries a lot of credibility on this them to reconsider that. I hope they RED-LIGHT CAMERAS IN DICK ARMEY’S SIGHTS issue: the American Trauma Society, com- do. I think it is wrong. I think the leg- (By Randall E. Stross) posed of emergency-room personnel. They islators in Nevada and all around the In police work, machines have increasingly would like to have fewer ‘‘customers,’’ and country should take a second look at supplanted the vagaries of human judgment, point to studies that show cameras reduce and I say, Amen! Beginning in the 1930s with violations by 40 percent. the promise this technology holds, if the pioneering Drunkometer, followed by the The data collected by the cameras might for no other reason than the powerless Intoximeter, Alcometer, and the be used for purposes other than tracking lobbying organization that believes Breathalyzer, impartial mechanical devices reckless drivers—‘‘mission creep,’’ in the strongly in this. have indirectly saved countless lives. ACLU’s phrasing—and this is a legitimate

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9016 CONGRESSIONAL RECORD — SENATE September 4, 2001 concern. But a distinction is easily drawn: talking about? Mr. Novak says that above the Social Security accounts. Using cameras activated only when a traffic Senator CONRAD, my colleague from That is all gone. It has evaporated. It law is broken—good; deploying police cam- North Dakota, and I are effectively de- does not exist anymore. The question eras in public spaces in order to scan in the ceiving people about this. for the President and Congress, both faces of unsuspecting passersby—bad. Armey would have us believe that the po- Let’s look at this for a moment. Republicans and Democrats, is how do lice departments that use red-light cameras Workers in this country, when they get you reconcile all of these interests and are not interested in reducing accidents but their paycheck, discovers something is needs with the current situation? in maximizing traffic-ticket revenue. His taken out of that, which is called So- The President wants $18 billion addi- evidence, however, consists of nothing more cial Security taxes. They are told it is tional spending for defense. The sur- than listing the number of tickets issued by going to go into a trust fund. This plus that would be used to pay for that various departments and the sums collected. money taken out for Social Security does not exist at this point. It seems to New York City, for example, sent out 400,000 isn’t taken out for the purpose of pay- me the President is going to have to tickets to red-light runners last year, a truly come to Congress, Mr. Daniels, Mr. astounding number. Contrarily, the same ing for the Defense Department, or facts can be read as powerful evidence of the paying for air traffic controllers, or Rumsfeld, and others, and say here is magnitude of the problem. paying for a farm program, or paying the plan by which we are going to pay In Armey’s home state, the legislature has for food inspection; it is taken out of for that. That plan ought not include twice rejected proposals to use red-light the paycheck and the worker is told using the Social Security trust fund. cameras statewide. But Garland, Texas, is this goes into a Social Security trust I say to my conservative friends who about to go ahead with cameras anyhow. fund. The word ‘‘trust’’ is used in the write these columns that you do a real That the House majority leader, an out- trust fund because it is a trust fund in disservice, in my judgment, to the spoken opponent of government interven- facts when you suggest that that which tionism, is attempting to interfere in a local the classic sense. That trust fund in- safety program strikes Garland’s city’s at- vests its money in Government securi- we take out of workers’ paychecks to torney as ironic. ties. be put in a trust fund does not really Armey believes the so-called crisis is The trust fund exists; it is real. If Mr. exist in the trust fund. That is not solved simply by lengthening yellow-light Novak, for example, purchases a U.S. true. The fact is, it forces national sav- signals. His reasoning is more Orwellian Government savings bond for his ings if we have a fiscal policy that rec- than the cameras. War is peace, and now red grandson next Christmas, I hope he ognizes these trust funds for the pur- is to be yellow. will not tell his grandson what he is pose they were collected in the first in- The PRESIDING OFFICER. The Sen- telling readers, that somehow the sav- stance. ator from North Dakota is recognized. ings bond he purchased has no value, Now we have a lot of people who are f that there is nothing there and the se- poised to get their mitts into that CONGRESS FACES CHALLENGING curity is meaningless. I hope he will trust fund and use it for other pur- TIMES not tell his grandson that. We ought poses. I hope the administration and not tell the American workers that, ei- the Congress will hold firm and say, Mr. DORGAN. Mr. President, the keep your hands off those trust funds. Congress will now reconvene following ther. When Mr. Mitch Daniels, the head of They do not belong to the Government. the August recess. We face some chal- OMB, says we have the second largest They belong to the American people. lenging and difficult times, especially surplus in history, what he is saying is, They are the ones who paid those dealing with fiscal policy. taxes, and they were the ones who were I noted this weekend on some of the by the way, we have these surplus funds in the Social Security trust fund told it was going to be put in a trust news shows that Bush administration fund. The word ‘‘trust’’ ought to mean spokesperson, Mitch Daniels, who and we view them as surplus. The mod- erator on ‘‘Meet the Press’’ said, well, something. heads the Office of Management and but these are trust funds, are they not? I will comment on another issue. Budget, made the following observa- Are they not dedicated to Social Secu- This weekend I was enormously dis- tions about our fiscal situation. He rity? Mr. Daniels said, well, yes, but mayed to see press reports in the New said, ‘‘We have the second largest sur- they are not really dedicated to Social York Times and the Washington Post plus in U.S. history. We are awash in Security. on the subject of national missile de- cash.’’ He used the term ‘‘awash in Well, that is new. The message ought fense and the potential buildup of of- money.’’ And then he seemed to say: to be, keep your hands off these trust fensive nuclear weapons in China. The Well, there is not a problem here be- funds, to everybody: The administra- New York Times headline said: The cause we have this very large surplus. tion, the Congress, keep your hands off U.S. will drop objections to China’s I think it is interesting to note that these trust funds. They do not belong missile buildup: strategy meant to ease the economy in this country is weak. It to you. Beijing’s concern about plans for a has softened substantially. That which It is not the Government’s money. It weapons shield. was expected to have been in surplus is money that came out of workers’ According to the reports, the U.S. just months ago has now evaporated. paychecks to be put in a trust fund for will tell China that it will not object to The Office of Management and Budget their future. And we will need that a missile buildup by that country. It and the Congressional Budget Office when the baby boomers retire and put says, ‘‘The Bush administration seek- both acknowledge that the surplus is a maximum strain on the Social Secu- ing to overcome Chinese opposition to largely gone. When Mitch Daniels uses rity system. That is precisely why we its missile defense program intends to the term ‘‘surplus’’ and says we are are accruing surpluses at this point. It tell leaders in Beijing it has no objec- ‘‘awash’’ in money and we have the sec- is not for the purpose of Mr. Daniels or tions to the country’s plans to build up ond biggest surplus in history, what is others to say that we have this huge its small fleet of nuclear missiles.’’ It he talking about? He is talking about surplus of funds and look at the great also says, ‘‘One senior official said that the Social Security trust fund. He is shape we are in. If a business said, by in the future the United States and doing it pretty much the same way the way, we made a huge profit last China might also discuss resuming un- that Charles Krauthammer, a col- year but only if you consider the pen- derground nuclear tests.’’ umnist for the Washington Post, has sion funds of our employees, people Let me ask a question: Does anyone done it. He wrote ‘‘no lock, no box,’’ would say, are you crazy? You cannot think this will be a safer and more se- talking about a lockbox for Social Se- consider pension funds as part of your cure world if we say it does not matter curity trust funds. Robert Novak, a profit, and yet that is exactly what whether China builds more offensive columnist for the Sun Times, wrote a some people are trying to tell us. nuclear weapons? Does anyone believe column that says, ‘‘Don’t believe the Will Rogers once said: When there is it enhances world security and makes Dem scare tactics.’’ In effect, Mr. no place left to spit, you either have to this a safer place in which to live if we Novak said all of this notion about a swallow your tobacco juice or change give a green light to China and tell Social Security trust fund issue is with the times. Well, there is no place that country that it does not matter to bogus. left, and we have to change. us, you just go ahead and build up a George Will weighed in with essen- Four months ago we were told there huge nuclear arsenal? It defies all com- tially the same message. What are they was going to be a surplus of $125 billion mon sense. We ought to be the world

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9017 leader in trying to convince countries nuclear weapon capability. It sure It was not that long ago we were deep not to build up their nuclear arsenals, ought to matter to us. It will be a sig- in red ink in Washington with deficits to reduce rather than increase their nificant part of our future if we allow in every direction. We saw ourselves nuclear arsenals. We ought to be the that to happen. building up a national debt to $5.7 tril- world’s leader in saying not only stop I hope we can have an aggressive dis- lion, a national mortgage which we nuclear testing, which we did a long cussion on this subject in the coming still shoulder, a burden which we carry, while ago, but to have everyone, in- month or so. This country ought to and our children and grandchildren are cluding this country, subscribe to the care very much about whether the likely to carry as well. Comprehensive Nuclear Test-Ban Trea- country of China is going to increase The good news, of course, starting in and build up its offensive nuclear capa- ty. 1993 we began to turn the corner on bility. This country ought to care a Regrettably, this Senate turned down that debt with an expanding positive great deal about that, and this coun- that treaty almost two years ago. How- economy, with the creation of jobs and try’s policy ought not be giving a green ever, this country still needs to be a new businesses, profits to build up re- light to other countries to say we do leader to stop the spread of nuclear tirement accounts. People were mak- not mind. We should not be saying: weapons. We need to be a leader in a ing more money and paying taxes, pro- You let us build a national missile de- way that helps persuade other coun- viding more revenue to the Govern- fense, and we will just say you go right tries not to build an offensive nuclear ment. We found ourselves in a surplus ahead and increase your stockpile of threat. Some people, including myself, situation. We were exalting after so nuclear weapons. That is a policy that think that is just daft for our country many years and years of deficits under will not create a safer world, in my to say we would like to spend tens and President Reagan, President George tens of billions of dollars—some say judgment. Mr. President, I yield the floor, and I Bush, and then for the first few years the current proposal would be about $60 the Clinton administration. We finally billion, other people say it would be suggest the absence of a quorum. The PRESIDING OFFICER (Mr. came out of that dark veil and now we well over $100 billion—to build a na- are in a position to enjoy the surplus. tional missile defense system and in REED). The clerk will call the roll. order to do so we will say to China, by The assistant legislative clerk pro- The President who was elected last the way, you go right ahead and build ceeded to call the roll. November, President George Bush, said Mr. DORGAN. Mr. President, I ask up your offensive nuclear capabilities. the surpluses give an opportunity to What on Earth could we be thinking unanimous consent that the order for enact a massive tax cut, one of the of? We need to push in the opposite di- the quorum call be rescinded. largest tax cuts in our history. Many The PRESIDING OFFICER. Without rection. We need to say to China and members of his party, as well as a few objection, it is so ordered. on this side of the aisle, joined with the Russia and others, which are part of The Senator from Nevada. the nuclear club in this world, that we President to enact this tax cut, believ- want to build down, not up. We do not f ing that the surpluses were virtually as want to see an increase in offensive nu- ORDER OF PROCEDURE far as the eye could see. Why not take clear weapons. Mr. REED. Mr. President, I ask unan- this extra money in Washington and This is exactly what many of us have imous consent that the Senator from give it back to the people of the United feared, by the way. The discussion Illinois be recognized for up to 10 min- States? The logic was simple. It seemed about abandoning the ABM Treaty, utes as in morning business, and if the so clear. which has been the center pole of the Republicans wish 10 minutes of morn- Some Members believed that caution tent for arms control and arms reducing business following, I have no objec- was the guide to which we should turn. tions, the abandonment of that which tion to that. Instead of spending a possible surplus, is being proposed by the White House The PRESIDING OFFICER. Without we should wait to see if the American and some of their friends in Congress, objection, it is so ordered. economy would recover strongly, and is a substantial retreat from this coun- The Senator from Illinois is recog- how quickly, and whether it would gen- try’s responsibility to be a leader in nized. erate a surplus, and before we com- trying to stop and reduce the threat of f mitted the possible future surplus, we nuclear war. ought to take care, lest we find our- BUDGET SURPLUS Is it really going to provide more se- selves in a deficit situation. curity and more safety for this world if Mr. DURBIN. Mr. President, most of the administration says we do not care us are returning today for the first We return in the first few days of about an ABM Treaty, we will just time since the August recess. It was a September of the year 2001 to find abandon it and not care about the con- period of time when we had a chance to President Bush’s tax cut, in addition to sequences. Or if the administration spend a little vacation time with our the state of the American economy, says we do not care if our building a families, and I was happy to be part of has cost the projected surplus which national missile defense system of that process and to be reunited with the President said we would have. We some type if it leads Russia to stop my extended family and have a great find ourselves knocking on the door, cutting its nuclear forces and if it leads time. It was also a time to be back in without that surplus, going back into, China to have an offensive nuclear our States to travel around, to listen if not a deficit, the situation where we weapons buildup. Does it matter to us? and to hear what is on the minds of the have to go to trust funds in order to It sure does. people we represent, and for a few of us pay for the ordinary expenses of Gov- Since the dismantlement of the So- a chance to perhaps take a few days to ernment. Which trust funds? The larg- viet Union well over a decade ago now, go overseas and to be part of the global est—Medicare and Social Security. In a there have been really just two major dialog which comes with this job as short period of time—just a few nuclear superpowers. There were two much as our dialog with the people we months—with this new President we nuclear superpowers involved in the represent. have gone from the euphoria of sur- cold war, us and the Soviets. Now we In these past 4 weeks, we have been pluses to now worrying over whether or alone and the country of Russia have busy and most of us have enjoyed it, not we are going to endanger the So- very substantial nuclear capability. It but now we are back to work. We come cial Security trust fund. It tells you we is estimated there are over 30,000 nu- back to work with additional informa- have come very far very fast. clear weapons in the arsenal of both tion and more views on the issues that The tax rebates that many people countries, 30,000 nuclear weapons. We we are about to debate. What a dif- have received in the last few weeks of need to be reducing the threat of nu- ference a month has made. Many of us $300 and $600 are welcome to many fam- clear war. We need to be building down did not believe in this short period of ilies who need to buy supplies for kids and reducing the stockpile of nuclear time there could be such a turn of for- to go back to school this week, or weapons. We ought not as a country be tune as we have seen occur with the re- clothing, or to pay off some of the saying it does not matter much to us cent report on the status of surpluses debts they might have. It does not ap- whether China builds up its offensive in our Federal budget. pear at this moment it will show any

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And I can say we prosperity. have it in hand. did some very desperate things in those Over a period of 9 years, we saw a During the campaign, President Bush years when we were seeing multibil- dramatic buildup in the American and many Members of Congress said lion-dollar deficits, things we vowed we economy: Over 200 million new jobs, that when we reached the tough times would never do again when we got into new businesses, more home ownership in the future, one area would be sacred: the era of the surplus. We came to- than any time in our history. Now, of We would not reach into the Social Se- gether on a bipartisan basis with over course, we see this correction in our curity trust fund to fund the ordinary 400 votes in the House, a substantial economy. We have lost a half-million expenses of Government. President majority in the Senate, and vowed we jobs this year. Bush, much like his father, who said, would never touch the Social Security In closing, we have an opportunity in ‘‘Read my lips, no new taxes,’’ pro- trust fund once we had surpluses again. the weeks ahead to come together and nounced during the course of his cam- Here we are, just a few months into concede the obvious. The Bush budget paign that as President he would not the new administration, facing that and the Bush tax policy were things raid the Social Security nor the Medi- kind of pressure. How do we take care that, frankly, should have been put off care trust fund. Now we find ourselves of our national needs, whether it is the until we were certain of the surpluses perilously close to that situation after Department of Defense saying they we would have. Now we know those just a few months into the new Presi- need more modern weaponry to protect surpluses do not exist. dency. the United States or whether it is the It is time for us to come together on Many of the conservative Republican needs of public education? The Presi- a bipartisan basis to rewrite this budg- writers are saying: Why are you wor- dent said he would be an education et to meet our Nation’s priorities and ried about a Social Security trust President; he would find a bipartisan protect the Social Security and Medi- fund? It is not that important. I think way to deal with it. And now we have care trust funds. we know better. Those who notice a bill languishing in the conference I yield the floor. every time we receive a paycheck there committee because we have not come The PRESIDING OFFICER. The Sen- is more and more money taken out for up with the funds to pay for education. ator from Nevada. Social Security have asked some hard If you believe, as I do, that education Mr. REID. Mr. President, I suggest questions. What is this all about? It is is critical to the future of this country, the absence of a quorum. to shore up a surplus in Social Security we certainly should invest in it. But The PRESIDING OFFICER. The to protect the future, the need for So- President Bush’s decisions on tax cuts clerk will call the roll. cial Security benefits for baby boomers and other budget priorities have The legislative clerk proceeded to and others. If we reach into that Social pushed us in a corner where precious call the roll. Security trust fund to take that money few funds are available for the high pri- Mr. SARBANES. Mr. President, I ask out now, it could endanger the liquid- orities. unanimous consent the order for the ity and solvency of Social Security in The same is true on prescription quorum call be dispensed with. years to come. That is irresponsible. It drugs under Medicare. Most promised The PRESIDING OFFICER. Without is wrong. We shouldn’t be in this pre- we would work for a prescription drug objection, it is so ordered. benefit under Medicare—universal, vol- dicament. f Many of the conservative writers who untary—to help seniors pay for pre- say not to worry about protecting the scriptions, and now we find because of CONCLUSION OF MORNING Social Security trust fund do not have the Bush budget and the Bush tax cut BUSINESS much passion for Social Security any- that we have very few dollars available f way. These are people who have criti- to even dedicate to a bipartisan na- The PRESIDING OFFICER. Morning cized it in years gone by as a big gov- tional priority. business is closed. ernment scheme taking too much The same thing is true on energy pol- f money, one that we ought to change so icy. Just a few months ago, President people could invest in the stock mar- Bush sent a message which said we EXPORT ADMINISTRATION ACT OF ket without much concern about the ought to do something about our de- 2001 impact on those who are relying on it. pendence on foreign energy sources, so The PRESIDING OFFICER. Under Some 40 million Americans rely on So- let’s invest more money in research to the previous order, the Senate will now cial Security. It is a major source of in- find alternative fuels, sustainable en- begin consideration of S. 149, which the come for many. We should not take it ergy, ways to use coal in States such as clerk will report. lightly. Illinois in an environmentally respon- The legislative clerk read as follows: We are faced with a predicament as sible way. That takes money. We now A bill (S. 149) to provide authority to con- we return: How will we meet the obli- turn to find that President Bush’s trol exports and for other purposes. gations of Government and the require- budget and his tax policy have taken The Senate proceeded to consider the ments for new spending and do it with- those funds off the table. bill, which had been reported from the out raiding Social Security and the The same thing is true when it comes Committee on Banking, Housing, and Medicare trust fund? The President has to the new farm bill. We hoped to have Urban Affairs, with an amendment to said through his spokesman, Mitch a new farm bill this fall. I hope we can. strike all after the enacting clause and Daniels of the Office of Management I have seen in Illinois and across my insert in lieu thereof the following: and Budget, that we have the second State what has happened to the farm SECTION 1. SHORT TITLE; TABLE OF CONTENTS. largest surplus in the history of the economy over the last 4 or 5 years. If (a) SHORT TITLE.—This Act may be cited as United States. He said this publicly, we are to have a new farm bill and the ‘‘Export Administration Act of 2001’’. and they have said it many times. It is dedicate resources to it, the obvious (b) TABLE OF CONTENTS.—The table of con- part of the George W. Bush administra- question is: Where will they come tents of this Act is as follows: tion’s ‘‘don’t worry, be happy’’ refrain. from? Sec. 1. Short title; table of contents. I think Americans ought to think When we look at the state of the Sec. 2. Definitions. twice. The second largest surplus in economy in America today, people are TITLE I—GENERAL AUTHORITY our history is the Social Security trust rightfully concerned. The President Sec. 101. Commerce Control List. fund surplus. It is money dedicated to went to speak to members of labor Sec. 102. Delegation of authority. Social Security. It is not the general unions yesterday to tell them he felt Sec. 103. Public information; consultation re- revenue of this country to be spent on their pain, their worry, and their an- quirements.

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Sec. 104. Right of export. to which exports are controlled under section (17) REEXPORT.—The term ‘‘reexport’’ means Sec. 105. Export control advisory committees. 201 or 301. the shipment, transfer, transshipment, or diver- Sec. 106. President’s Technology Export Coun- (5) CONTROLLED ITEM.—The term ‘‘controlled sion of items from one foreign country to an- cil. item’’ means an item the export of which is con- other. Sec. 107. Prohibition on charging fees. trolled under this Act. (18) SECRETARY.—The term ‘‘Secretary’’ means TITLE II—NATIONAL SECURITY EXPORT (6) COUNTRY.—The term ‘‘country’’ means a the Secretary of Commerce. CONTROLS sovereign country or an autonomous customs (19) UNITED STATES.—The term ‘‘United territory. Subtitle A—Authority and Procedures States’’ means the States of the United States, (7) COUNTRY SUPPORTING INTERNATIONAL TER- the District of Columbia, and any common- Sec. 201. Authority for national security export RORISM.—The term ‘‘country supporting inter- wealth, territory, dependency, or possession of controls. national terrorism’’ means a country designated the United States, and includes the outer Conti- Sec. 202. National Security Control List. by the Secretary of State pursuant to section nental Shelf, as defined in section 2(a) of the Sec. 203. Country tiers. 310. Outer Continental Shelf Lands Act (42 U.S.C. Sec. 204. Incorporated parts and components. (8) DEPARTMENT.—The term ‘‘Department’’ Sec. 205. Petition process for modifying export 1331(a)). means the Department of Commerce. (20) UNITED STATES PERSON.—The term status. (9) EXPORT.— ‘‘United States person’’ means— (A) The term ‘‘export’’ means— Subtitle B—Foreign Availability and Mass- (A) any United States citizen, resident, or na- Market Status (i) an actual shipment, transfer, or transmission of an item out of the United States; tional (other than an individual resident outside Sec. 211. Determination of foreign availability (ii) a transfer to any person of an item either the United States who is employed by a person and mass-market status. within the United States or outside of the other than a United States person); Sec. 212. Presidential set-aside of foreign avail- United States with the knowledge or intent that (B) any domestic concern (including any per- ability status determination. the item will be shipped, transferred, or trans- manent domestic establishment of any foreign Sec. 213. Presidential set-aside of mass-market mitted to an unauthorized recipient outside the concern); and status determination. United States; or (C) any foreign subsidiary or affiliate (includ- Sec. 214. Office of Technology Evaluation. (iii) a transfer of an item in the United States ing any permanent foreign establishment) of TITLE III—FOREIGN POLICY EXPORT to an embassy or affiliate of a country, which any domestic concern which is controlled in fact CONTROLS shall be considered an export to that country. by such domestic concern, as determined under Sec. 301. Authority for foreign policy export (B) The term includes a reexport. regulations prescribed by the President. controls. (10) FOREIGN AVAILABILITY STATUS.—The term TITLE I—GENERAL AUTHORITY ‘‘foreign availability status’’ means the status Sec. 302. Procedures for imposing controls. SEC. 101. COMMERCE CONTROL LIST. described in section 211(d)(1). Sec. 303. Criteria for foreign policy export con- (a) IN GENERAL.—Under such conditions as trols. (11) FOREIGN PERSON.—The term ‘‘foreign person’’ means— the Secretary may impose, consistent with the Sec. 304. Presidential report before imposition of provisions of this Act, the Secretary— control. (A) an individual who is not— (i) a United States citizen; (1) shall establish and maintain a Commerce Sec. 305. Imposition of controls. Control List (in this Act referred to as the ‘‘Con- Sec. 306. Deferral authority. (ii) an alien lawfully admitted for permanent trol List’’) consisting of items the export of Sec. 307. Review, renewal, and termination. residence to the United States; or which are subject to licensing or other author- Sec. 308. Termination of controls under this (iii) a protected individual as defined in sec- ization or requirement; and title. tion 274B(a)(3) of the Immigration and Nation- (2) may require any type of license, or other Sec. 309. Compliance with international obliga- ality Act. (8 U.S.C. 1324b(a)(3)); authorization, including recordkeeping and re- tions. (B) any corporation, partnership, business as- Sec. 310. Designation of countries supporting sociation, society, trust, organization, or other porting, appropriate to the effective and effi- international terrorism. nongovernmental entity created or organized cient implementation of this Act with respect to Sec. 311. Crime control instruments. under the laws of a foreign country or that has the export of an item on the Control List or oth- its principal place of business outside the United erwise subject to control under title II or III of TITLE IV—PROCEDURES FOR EXPORT LI- States; and this Act. CENSES AND INTERAGENCY DISPUTE (C) any governmental entity of a foreign (b) TYPES OF LICENSE OR OTHER AUTHORIZA- RESOLUTION country. TION.—The types of license or other authoriza- Sec. 401. Export license procedures. (12) ITEM.— tion referred to in subsection (a)(2) include the Sec. 402. Interagency dispute resolution proc- (A) IN GENERAL.—The term ‘‘item’’ means any following: ess. good, technology, or service. (1) SPECIFIC EXPORTS.—A license that author- TITLE V—INTERNATIONAL ARRANGE- (B) OTHER DEFINITIONS.—In this paragraph: izes a specific export. (i) GOOD.—The term ‘‘good’’ means any arti- MENTS; FOREIGN BOYCOTTS; SANC- (2) MULTIPLE EXPORTS.—A license that au- TIONS; AND ENFORCEMENT cle, natural or manmade substance, material, thorizes multiple exports in lieu of a license for supply or manufactured product, including in- Sec. 501. International arrangements. each export. spection and test equipment, including source (3) NOTIFICATION IN LIEU OF LICENSE.— A no- Sec. 502. Foreign boycotts. code, and excluding technical data. Sec. 503. Penalties. tification in lieu of a license that authorizes a (ii) TECHNOLOGY.—The term ‘‘technology’’ specific export or multiple exports subject to the Sec. 504. Missile proliferation control violations. means specific information that is necessary for Sec. 505. Chemical and biological weapons pro- condition that the exporter file with the Depart- the development, production, or use of an item, liferation sanctions. ment advance notification of the intent to ex- and takes the form of technical data or tech- Sec. 506. Enforcement. port in accordance with regulations prescribed nical assistance. Sec. 507. Administrative procedure. by the Secretary. (iii) SERVICE.—The term ‘‘service’’ means any (4) LICENSE EXCEPTION.—Authority to export TITLE VI—EXPORT CONTROL AUTHORITY act of assistance, help or aid. AND REGULATIONS (13) MASS-MARKET STATUS.—The term ‘‘mass- an item on the Control List without prior license or notification in lieu of a license. Sec. 601. Export control authority and regula- market status’’ means the status described in (c) AFTER-MARKET SERVICE AND REPLACE- tions. section 211(d)(2). MENT PARTS.—A license to export an item under Sec. 602. Confidentiality of information. (14) MULTILATERAL EXPORT CONTROL RE- this Act shall not be required for an exporter to TITLE VII—MISCELLANEOUS PROVISIONS GIME.—The term ‘‘multilateral export control regime’’ means an international agreement or ar- provide after-market service or replacement Sec. 701. Annual report. rangement among two or more countries, includ- parts in order to replace on a one-for-one basis Sec. 702. Technical and conforming amending the United States, a purpose of which is to parts that were in an item that was lawfully ex- ments. coordinate national export control policies of its ported from the United States, unless— Sec. 703. Savings provisions. members regarding certain tems. The term in- (1) the Secretary determines that such license SEC. 2. DEFINITIONS. cludes regimes such as the Australia Group, the is required to export such parts; or In this Act: Wassenaar Arrangement, the Missile Tech- (2) the after-market service or replacement (1) AFFILIATE.—The term ‘‘affiliate’’ includes nology Control Regime (MTCR), and the Nu- parts would materially enhance the capability both governmental entities and commercial enti- clear Suppliers’ Group Dual Use Arrangement. of an item which was the basis for the item ties that are controlled in fact by the govern- (15) NATIONAL SECURITY CONTROL LIST.—The being controlled. ment of a country. term ‘‘National Security Control List’’ means (d) INCIDENTAL TECHNOLOGY.—A license or (2) CONTROL OR CONTROLLED.—The terms the list established under section 202(a). other authorization to export an item under this ‘‘control’’ and ‘‘controlled’’ mean any require- (16) PERSON.—The term ‘‘person’’ includes— Act includes authorization to export technology ment, condition, authorization, or prohibition (A) any individual, or partnership, corpora- related to the item, if the level of the technology on the export or reexport of an item. tion, business association, society, trust, organi- does not exceed the minimum necessary to in- (3) CONTROL LIST.—The term ‘‘Control List’’ zation, or any other group created or organized stall, repair, maintain, inspect, operate, or use means the Commerce Control List established under the laws of a country; and the item. under section 101. (B) any government, or any governmental en- (e) REGULATIONS.—The Secretary may pre- (4) CONTROLLED COUNTRY.—The term ‘‘con- tity, including any governmental entity oper- scribe such regulations as are necessary to carry trolled country’’ means a country with respect ating as a business enterprise. out the provisions of this Act.

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SEC. 102. DELEGATION OF AUTHORITY. (d) CHAIRPERSON.—Each export control advi- (C) implementing international treaties or (a) IN GENERAL.—Except as provided in sub- sory committee appointed under subsection (a) other agreements or arrangements concerning section (b) and subject to the provisions of this shall elect a chairperson, and shall meet at least controls on exports of designated items, reports Act, the President may delegate the power, au- every 3 months at the call of the chairperson, on the production, processing, consumption, thority, and discretion conferred upon the Presi- unless the chairperson determines, in consulta- and exports and imports of such items, and com- dent by this Act to such departments, agencies, tion with the other members of the committee, pliance with verification programs. and officials of the Government as the President that such a meeting is not necessary to achieve (3) To deter acts of international terrorism. considers appropriate. the purposes of this section. Each such com- (c) END USE AND END USER CONTROLS.—Not- (b) EXCEPTIONS.— mittee shall be terminated after a period of 2 withstanding any other provision of this title, (1) DELEGATION TO APPOINTEES CONFIRMED BY years, unless extended by the Secretary for ad- controls may be imposed, based on the end use SENATE.—No authority delegated to the Presi- ditional periods of 2 years each. The Secretary or end user, on the export of any item, that dent under this Act may be delegated by the shall consult with each such committee on such could contribute to the proliferation of weapons President to, or exercised by, any official of any termination or extension of that committee. of mass destruction or the means to deliver department or agency the head of which is not (e) ACCESS TO INFORMATION.—To facilitate the them. appointed by the President, by and with the ad- work of the export control advisory committees (d) ENHANCED CONTROLS.— vice and consent of the Senate. appointed under subsection (a), the Secretary, (1) IN GENERAL.—Notwithstanding any other (2) OTHER LIMITATIONS.—The President may in conjunction with other departments and provisions of this title, the President may deter- not delegate or transfer the President’s power, agencies participating in the administration of mine that applying the provisions of section 204 authority, or discretion to overrule or modify this Act, shall disclose to each such committee or 211 with respect to an item on the National any recommendation or decision made by the adequate information, consistent with national Security Control List would constitute a signifi- Secretary, the Secretary of Defense, or the Sec- security and intelligence sources and methods, cant threat to the national security of the retary of State under this Act. pertaining to the reasons for the export controls United States and that such item requires en- SEC. 103. PUBLIC INFORMATION; CONSULTATION which are in effect or contemplated for the items hanced control. If the President determines that REQUIREMENTS. or policies for which that committee furnishes enhanced control should apply to such item, the (a) PUBLIC INFORMATION.—The Secretary advice. Information provided by the export con- item may be excluded from the provisions of sec- shall keep the public fully informed of changes trol advisory committees shall not be subject to tion 204, section 211, or both, until such time as in export control policy and procedures insti- disclosure under section 552 of title 5, United the President shall determine that such en- tuted in conformity with this Act. States Code, and such information shall not be hanced control should no longer apply to such (b) CONSULTATION WITH PERSONS AFFECTED.— published or disclosed unless the Secretary de- item. The President may not delegate the au- The Secretary shall consult regularly with rep- termines that the withholding thereof is con- thority provided for in this subsection. resentatives of a broad spectrum of enterprises, trary to the national interest. (2) REPORT TO CONGRESS.—The President shall labor organizations, and citizens interested in or promptly report any determination described in affected by export controls in order to obtain SEC. 106. PRESIDENT’S TECHNOLOGY EXPORT COUNCIL. paragraph (1), along with the specific reasons their views on United States export control pol- The President may establish a President’s for the determination, to the Committee on icy and the foreign availability or mass-market Technology Export Council to advise the Presi- Banking, Housing, and Urban Affairs of the status of controlled items. dent on the implementation, operation, and ef- Senate and the Committee on International Re- SEC. 104. RIGHT OF EXPORT. fectiveness of this Act. lations of the House of Representatives. No license or other authorization to export SEC. 107. PROHIBITION ON CHARGING FEES. SEC. 202. NATIONAL SECURITY CONTROL LIST. may be required under this Act, or under regula- No fee may be charged in connection with the (a) ESTABLISHMENT OF LIST.— tions issued under this Act, except to carry out submission or processing of an application for (1) ESTABLISHMENT.—The Secretary shall es- the provisions of this Act. an export license under this Act. tablish and maintain a National Security Con- SEC. 105. EXPORT CONTROL ADVISORY COMMIT- trol List as part of the Control List. TITLE II—NATIONAL SECURITY EXPORT TEES. (2) CONTENTS.—The National Security Control (a) APPOINTMENT.—Upon the Secretary’s own CONTROLS List shall be composed of a list of items the ex- initiative or upon the written request of rep- Subtitle A—Authority and Procedures port of which is controlled for national security resentatives of a substantial segment of any in- SEC. 201. AUTHORITY FOR NATIONAL SECURITY purposes under this title. dustry which produces any items subject to ex- EXPORT CONTROLS. (3) IDENTIFICATION OF ITEMS FOR NATIONAL port controls under this Act or being considered (a) AUTHORITY.— SECURITY CONTROL LIST.—The Secretary, with for such controls, the Secretary may appoint ex- (1) IN GENERAL.—In order to carry out the the concurrence of the Secretary of Defense and port control advisory committees with respect to purposes set forth in subsection (b), the Presi- in consultation with the head of any other de- any such items. Each such committee shall con- dent may, in accordance with the provisions of partment or agency of the United States that sist of representatives of United States industry this Act, prohibit, curtail, or require a license, the Secretary considers appropriate, shall iden- and Government officials, including officials or other authorization for the export of any item tify the items to be included on the National Se- from the Departments of Commerce, Defense, subject to the jurisdiction of the United States curity Control List provided that the National and State, and other appropriate departments or exported by any person subject to the juris- Security Control List shall, on the date of enact- and agencies of the Government. The Secretary diction of the United States. The President may ment of this Act, include all of the items on the shall permit the widest possible participation by also require recordkeeping and reporting with Commerce Control List controlled on the day be- the business community on the export control respect to the export of such item. fore the date of enactment of this Act to protect advisory committees. (2) EXERCISE OF AUTHORITY.—The authority the national security of the United States, to (b) FUNCTIONS.— contained in this subsection shall be exercised prevent the proliferation of weapons of mass de- (1) IN GENERAL.—Export control advisory com- by the Secretary, in consultation with the Sec- struction and the means to deliver them, and to mittees appointed under subsection (a) shall ad- retary of Defense, the intelligence agencies, and deter acts of international terrorism. The Sec- vise and assist the Secretary, and any other de- such other departments and agencies as the Sec- retary shall review on a continuing basis and, partment, agency, or official of the Government retary considers appropriate. with the concurrence of the Secretary of De- carrying out functions under this Act, on ac- (b) PURPOSES.—The purposes of national se- fense and in consultation with the head of any tions (including all aspects of controls imposed curity export controls are the following: other department or agency of the United States or proposed) designed to carry out the provi- (1) To restrict the export of items that would that the Secretary considers appropriate, adjust sions of this Act concerning the items with re- contribute to the military potential of countries the National Security Control List to add items spect to which such export control advisory so as to prove detrimental to the national secu- that require control under this section and to re- committees were appointed. rity of the United States, its allies or countries move items that no longer warrant control (2) OTHER CONSULTATIONS.—Nothing in para- sharing common strategic objectives with the under this section. graph (1) shall prevent the United States Gov- United States. (b) RISK ASSESSMENT.— ernment from consulting, at any time, with any (2) To stem the proliferation of weapons of (1) REQUIREMENT.—In establishing and main- person representing an industry or the general mass destruction, and the means to deliver taining the National Security Control List, the public, regardless of whether such person is a them, and other significant military capabilities risk factors set forth in paragraph (2) shall be member of an export control advisory committee. by— considered, weighing national security concerns Members of the public shall be given a reason- (A) leading international efforts to control the and economic costs. able opportunity, pursuant to regulations pre- proliferation of chemical and biological weap- (2) RISK FACTORS.—The risk factors referred to scribed by the Secretary, to present information ons, nuclear explosive devices, missile delivery in paragraph (1), with respect to each item, are to such committees. systems, key-enabling technologies, and other as follows: (c) REIMBURSEMENT OF EXPENSES.—Upon the significant military capabilities; (A) The characteristics of the item. request of any member of any export control ad- (B) controlling involvement of United States (B) The threat, if any, to the United States or visory committee appointed under subsection persons in, and contributions by United States the national security interest of the United (a), the Secretary may, if the Secretary deter- persons to, foreign programs intended to develop States from the misuse or diversion of such item. mines it to be appropriate, reimburse such mem- weapons of mass destruction, missiles, and other (C) The effectiveness of controlling the item ber for travel, subsistence, and other necessary significant military capabilities, and the means for national security purposes of the United expenses incurred by such member in connection to design, test, develop, produce, stockpile, or States, taking into account mass-market status, with the duties of such member. use them; and foreign availability, and other relevant factors.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9021 (D) The threat to the national security inter- and level of compliance with, relevant multilat- a petition filed pursuant to this section shall be ests of the United States if the item is not con- eral export control regimes. made in accordance with section 202. trolled. (5) Whether the country, if a NATO or major Subtitle B—Foreign Availability and Mass- (E) Any other appropriate risk factors. non-NATO ally with whom the United States Market Status (c) REPORT ON CONTROL LIST.—Not later than has entered into a free trade agreement as of SEC. 211. DETERMINATION OF FOREIGN AVAIL- 90 days after the date of enactment of this Act, January 1, 1986, controls exports in accordance ABILITY AND MASS-MARKET STATUS. the Secretary shall submit a report to Congress with the criteria and standards of a multilateral (a) IN GENERAL.—The Secretary shall— which lists all items on the Commerce Control export control regime as defined in section 2(14) (1) on a continuing basis, List controlled on the day before the date of en- pursuant to an international agreement to (2) upon a request from the Office of Tech- actment of this Act to protect the national secu- which the United States is a party. nology Evaluation, or rity of the United States, to prevent the pro- (6) The country’s other military capabilities (3) upon receipt of a petition filed by an inter- liferation of weapons of mass destruction and and the potential threat posed by the country to ested party, the means to deliver them, and to deter acts of the United States or its allies. review and determine the foreign availability international terrorism, not included on the Na- (7) The effectiveness of the country’s export and the mass-market status of any item the ex- tional Security Control List pursuant to the pro- control system. port of which is controlled under this title. visions of this Act. (8) The level of the country’s cooperation with (b) PETITION AND CONSULTATION.— SEC. 203. COUNTRY TIERS. United States export control enforcement and (1) IN GENERAL.—The Secretary shall establish (a) IN GENERAL.— other efforts. a process for an interested party to petition the (1) ESTABLISHMENT AND ASSIGNMENT.—In ad- (9) The risk of export diversion by the country Secretary for a determination that an item has ministering export controls for national security to a higher tier country. a foreign availability or mass-market status. In purposes under this title, the President shall, (10) The designation of the country as a coun- evaluating and making a determination with re- not later than 120 days after the date of enact- try supporting international terrorism under spect to a petition filed under this section, the ment of this Act— section 310. Secretary shall consult with the Secretary of (A) establish and maintain a country tiering (d) TIER APPLICATION.—The country tiering Defense, Secretary of State, and other appro- system in accordance with subsection (b); and system shall be used in the determination of li- priate Government agencies and with the Office (B) based on the assessments required under cense requirements pursuant to section 201(a)(1). of Technology Evaluation (established pursuant subsection (c), assign each country to an appro- SEC. 204. INCORPORATED PARTS AND COMPO- to section 214). priate tier for each item or group of items the ex- NENTS. (2) TIME FOR MAKING DETERMINATION.—The port of which is controlled for national security (a) EXPORT OF ITEMS CONTAINING CON- Secretary shall, within 6 months after receiving purposes under this title. TROLLED PARTS AND COMPONENTS.—Controls a petition described in subsection (a)(3), deter- (2) CONSULTATION.—The establishment and may not be imposed under this title or any other mine whether the item that is the subject of the assignment of country tiers under this section provision of law on an item solely because the petition has foreign availability or mass-market shall be made after consultation with the Sec- item contains parts or components subject to ex- status and shall notify the petitioner of the de- retary, the Secretary of Defense, the Secretary port controls under this title, if the parts or termination. ESULT OF DETERMINATION.—In any case of State, the intelligence agencies, and such components— (c) R in which the Secretary determines, in accord- other departments and agencies as the President (1) are essential to the functioning of the item, ance with procedures and criteria which the considers appropriate. (2) are customarily included in sales of the Secretary shall by regulation establish, that an (3) REDETERMINATION AND REVIEW OF ASSIGN- item in countries other than controlled coun- item described in subsection (a) has— MENTS.—The President may redetermine the as- tries, and (3) comprise 25 percent or less of the total (1) a foreign availability status, or signment of a country to a particular tier at any (2) a mass-market status, time and shall review and, as the President con- value of the item, the Secretary shall notify the President (and siders appropriate, reassign country tiers on an unless the item itself, if exported, would by vir- other appropriate departments and agencies) on-going basis. The Secretary shall provide no- tue of the functional characteristics of the item and publish the notice of the determination in tice of any such reassignment to the Committee as a whole make a significant contribution to the Federal Register. The Secretary’s determina- on Banking, Housing, and Urban Affairs of the the military or proliferation potential of a con- tion shall become final 30 days after the date Senate and the Committee on International Re- trolled country or end user which would prove the notice is published, the item shall be relations of the House of Representatives. detrimental to the national security of the moved from the National Security Control List, (4) EFFECTIVE DATE OF TIER ASSIGNMENT.— An United States, or unless failure to control the and a license or other authorization shall not be assignment of a country to a particular tier item would be contrary to the provisions of sec- required under this title with respect to the item, shall take effect on the date on which notice of tion 201(c), section 201(d), or section 309 of this unless the President makes a determination de- the assignment is published in the Federal Reg- Act. scribed in section 212 or 213, or takes action ister. (b) REEXPORTS OF FOREIGN-MADE ITEMS IN- under section 309, with respect to the item in (b) TIERS.— CORPORATING UNITED STATES CONTROLLED CON- (1) IN GENERAL.—The President shall establish TENT.— that 30-day period. (d) CRITERIA FOR DETERMINING FOREIGN a country tiering system consisting of not less (1) IN GENERAL.—No authority or permission AVAILABILITY AND MASS-MARKET STATUS.— than 3 tiers for purposes of this section. may be required under this title to reexport to a (1) FOREIGN AVAILABILITY STATUS.—The Sec- (2) RANGE.—Countries that represent the low- country an item that is produced in a country retary shall determine that an item has foreign est risk of diversion or misuse of an item on the other than the United States and incorporates availability status under this subtitle, if the item National Security Control List shall be assigned parts or components that are subject to the ju- (or a substantially identical or directly competi- to the lowest tier. Countries that represent the risdiction of the United States, if the value of the controlled United States content of the item tive item)— highest risk of diversion or misuse of an item on (A) is available to controlled countries from produced in such other country is 25 percent or the National Security Control List shall be as- sources outside the United States, including less of the total value of the item; except that in signed to the highest tier. countries that participate with the United (3) OTHER COUNTRIES.—Countries that fall be- the case of reexports of an item to a country States in multilateral export controls; tween the lowest and highest risk to the na- designated as a country supporting inter- (B) can be acquired at a price that is not ex- tional security interest of the United States with national terrorism pursuant to section 310, con- cessive when compared to the price at which a respect to the risk of diversion or misuse of an trols may be maintained if the value of the con- controlled country could acquire such item from item on the National Security Control List shall trolled United States content is more than 10 sources within the United States in the absence be assigned to a tier other than the lowest or percent of the total value of the item. of export controls; and highest tier, based on the assessments required (2) DEFINITION OF CONTROLLED UNITED STATES (C) is available in sufficient quantity so that under subsection (c). CONTENT.—For purposes of this paragraph, the the requirement of a license or other authoriza- (c) ASSESSMENTS.—The President shall make term ‘‘controlled United States content’’ of an tion with respect to the export of such item is or an assessment of each country in assigning a item means those parts or components that— would be ineffective. country tier taking into consideration risk fac- (A) are subject to the jurisdiction of the (2) MASS-MARKET STATUS.— tors including the following: United States; (A) IN GENERAL.—In determining whether an (1) The present and potential relationship of (B) are incorporated into the item; and item has mass-market status under this subtitle, the country with the United States. (C) would, at the time of the reexport, require the Secretary shall consider the following cri- (2) The present and potential relationship of a license under this title if exported from the teria with respect to the item (or a substantially the country with countries friendly to the United States to a country to which the item is identical or directly competitive item): United States and with countries hostile to the to be reexported. (i) The production and availability for sale in United States. SEC. 205. PETITION PROCESS FOR MODIFYING EX- a large volume to multiple potential purchasers. (3) The country’s capabilities regarding chem- PORT STATUS. (ii) The widespread distribution through nor- ical, biological, and nuclear weapons and the (a) ESTABLISHMENT.—The Secretary shall es- mal commercial channels, such as retail stores, country’s membership in, and level of compli- tablish a process for interested persons to peti- direct marketing catalogues, electronic com- ance with, relevant multilateral export control tion the Secretary to change the status of an merce, and other channels. regimes. item on the National Security Control List. (iii) The conduciveness to shipment and deliv- (4) The country’s capabilities regarding mis- (b) EVALUATIONS AND DETERMINATIONS.— ery by generally accepted commercial means of sile systems and the country’s membership in, Evaluations and determinations with respect to transport.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9022 CONGRESSIONAL RECORD — SENATE September 4, 2001 (iv) The use for the item’s normal intended in subsection (a) at least every 6 months. under the direction of the Secretary. The Office purpose without substantial and specialized Promptly after each review is completed, the shall be responsible for gathering, coordinating, service provided by the manufacturer, dis- Secretary shall submit to the committees of Con- and analyzing all the necessary information in tributor, or other third party. gress referred to in paragraph (1)(B) a report on order for the Secretary to make determinations (B) DETERMINATION BY SECRETARY.—If the the results of the review, together with the sta- of foreign availability and mass-market status Secretary finds that the item (or a substantially tus of international negotiations to eliminate under this Act. identical or directly competitive item) meets the the foreign availability of the item. (2) STAFF.— criteria set forth in subparagraph (A), the Sec- (3) EXPIRATION OF PRESIDENTIAL SET-ASIDE.— (A) IN GENERAL.—The Secretary shall ensure retary shall determine that the item has mass- A determination by the President described in that the Office include persons to carry out the market status. subsection (a)(1)(A) (i) or (ii) shall cease to responsibilities set forth in subsection (b) of this (3) SPECIAL RULES.—For purposes of this sub- apply with respect to an item on the earlier of— section that have training, expertise, and expe- title— (A) the date that is 6 months after the date on rience in— (A) SUBSTANTIALLY IDENTICAL ITEM.—The de- which the determination is made under sub- (i) economic analysis; termination of whether an item in relation to (ii) the defense industrial base; section (a), if the President has not commenced (iii) technological developments; and another item is a substantially identical item international negotiations to eliminate the for- (iv) national security and foreign policy ex- shall include a fair assessment of end-uses, the eign availability of the item within that 6-month port controls. properties, nature, and quality of the item. period; (B) DETAILEES.—In addition to employees of (B) DIRECTLY COMPETITIVE ITEM.— (B) the date on which the negotiations de- the Department of Commerce, the Secretary may (i) IN GENERAL.—The determination of wheth- scribed in paragraph (1) have terminated with- accept on nonreimbursable detail to the Office, er an item in relation to another item is a di- out achieving an agreement to eliminate foreign employees of the Departments of Defense, State, rectly competitive item shall include a fair as- availability; and Energy and other departments and agencies sessment of whether the item, although not sub- (C) the date on which the President deter- as appropriate. stantially identical in its intrinsic or inherent mines that there is not a high probability of (b) RESPONSIBILITIES.—The Office shall be re- characteristics, is substantially equivalent for eliminating foreign availability of the item sponsible for— commercial purposes and may be adapted for through negotiation; or (1) conducting foreign availability assessments substantially the same uses. (D) the date that is 18 months after the date to determine whether a controlled item is avail- (ii) EXCEPTION.—An item is not directly com- on which the determination described in sub- able to controlled countries and whether requir- petitive with a controlled item if the item is subsection (a)(1)(A) (i) or (ii) is made if the Presi- ing a license, or denial of a license for the ex- stantially inferior to the controlled item with re- dent has been unable to achieve an agreement to port of such item, is or would be ineffective; spect to characteristics that resulted in the ex- eliminate foreign availability within that 18- (2) conducting mass-market assessments to de- port of the item being controlled. month period. termine whether a controlled item is available to SEC. 212. PRESIDENTIAL SET-ASIDE OF FOREIGN (4) ACTION ON EXPIRATION OF PRESIDENTIAL controlled countries because of the mass-market AVAILABILITY STATUS DETERMINA- SET-ASIDE.—Upon the expiration of a Presi- status of the item; TION. dential set-aside under paragraph (3) with re- (3) monitoring and evaluating worldwide tech- (a) CRITERIA FOR PRESIDENTIAL SET-ASIDE.— spect to an item, the Secretary shall not require nological developments in industry sectors crit- (1) GENERAL CRITERIA.— a license or other authorization to export the ical to the national security interests of the (A) IN GENERAL.—If the President determines item. United States to determine foreign availability that— and mass-market status of controlled items; (i) decontrolling or failing to control an item SEC. 213. PRESIDENTIAL SET-ASIDE OF MASS- MARKET STATUS DETERMINATION. (4) monitoring and evaluating multilateral ex- constitutes a threat to the national security of port control regimes and foreign government ex- the United States, and export controls on the (a) CRITERIA FOR PRESIDENTIAL SET-ASIDE.— (1) GENERAL CRITERIA.—If the President deter- port control policies and practices that affect item would advance the national security inter- mines that— the national security interests of the United ests of the United States, (A)(i) decontrolling or failing to control an States; (ii) there is a high probability that the foreign (5) conducting assessments of United States item constitutes a serious threat to the national availability of an item will be eliminated industrial sectors critical to the United States security of the United States, and through international negotiations within a rea- defense industrial base and how the sectors are (ii) export controls on the item would advance sonable period of time taking into account the affected by technological developments, tech- the national security interests of the United characteristics of the item, or nology transfers, and foreign competition; and States, or (iii) United States controls on the item have (6) conducting assessments of the impact of (B) United States controls on the item have been imposed under section 309, United States export control policies on— been imposed under section 309, (A) United States industrial sectors critical to the President may set aside the Secretary’s de- the President may set aside the Secretary’s determination of foreign availability status with the national security interests of the United termination of mass-market status with respect States; and respect to the item. to the item. (B) NONDELEGATION.—The President may not (B) the United States economy in general. (2) NONDELEGATION.—The President may not delegate the authority provided for in this para- (c) REPORTS TO CONGRESS.—The Secretary delegate the authority provided for in this sub- graph. shall make available to the Committee on Inter- section. (2) REPORT TO CONGRESS.—The President shall national Relations of the House of Representa- (b) PRESIDENTIAL ACTION IN CASE OF SET- promptly— tives and the Committee on Banking, Housing, ASIDE.— (A) report any set-aside determination de- and Urban Affairs of the Senate as part of the (1) IN GENERAL.—In any case in which export scribed in paragraph (1), along with the specific Secretary’s annual report required under section controls are maintained on an item because the reasons for the determination, to the Committee 701 information on the operations of the Office, President has made a determination under sub- on Banking, Housing, and Urban Affairs of the and on improvements in the Government’s abil- section (a), the President shall promptly report Senate and the Committee on International Re- ity to assess foreign availability and mass-mar- the determination, along with the specific rea- lations of the House of Representatives; and ket status, during the fiscal year preceding the sons for the determination, to the Committee on (B) publish the determination in the Federal report, including information on the training of Banking, Housing, and Urban Affairs of the Register. personnel, and the use of Commercial Service Senate and the Committee on International Re- (b) PRESIDENTIAL ACTION IN CASE OF SET- Officers of the United States and Foreign Com- lations of the House of Representatives, and ASIDE.— mercial Service to assist in making determina- (1) IN GENERAL.— shall publish notice of the determination in the tions. The information shall also include a de- (A) NEGOTIATIONS.—In any case in which ex- Federal Register not later than 30 days after the scription of determinations made under this Act port controls are maintained on an item because Secretary publishes notice of the Secretary’s de- during the preceding fiscal year that foreign the President has made a determination under termination that an item has mass-market sta- availability or mass-market status did or did not subsection (a), the President shall actively pur- tus. exist (as the case may be), together with an ex- sue negotiations with the governments of the (2) PERIODIC REVIEW OF DETERMINATION.—The planation of the determinations. appropriate foreign countries for the purpose of President shall review a determination made (d) SHARING OF INFORMATION.—Each depart- eliminating such availability. under subsection (a) at least every 6 months. ment or agency of the United States, including (B) REPORT TO CONGRESS.—Not later than the Promptly after each review is completed, the any intelligence agency, and all contractors date the President begins negotiations, the Secretary shall submit a report on the results of with any such department or agency, shall, con- President shall notify in writing the Committee the review to the Committee on Banking, Hous- sistent with the need to protect intelligence on Banking, Housing, and Urban Affairs of the ing, and Urban Affairs of the Senate and the sources and methods, furnish information to the Senate and the Committee on International Re- Committee on International Relations of the Office concerning foreign availability and the lations of the House of Representatives that the House of Representatives. mass-market status of items subject to export President has begun such negotiations and why SEC. 214. OFFICE OF TECHNOLOGY EVALUATION. controls under this Act. the President believes it is important to the na- (a) IN GENERAL.— TITLE III—FOREIGN POLICY EXPORT tional security that export controls on the item (1) ESTABLISHMENT OF OFFICE.—The Secretary CONTROLS involved be maintained. shall establish in the Department of Commerce SEC. 301. AUTHORITY FOR FOREIGN POLICY EX- (2) PERIODIC REVIEW OF DETERMINATION.—The an Office of Technology Evaluation (in this sec- PORT CONTROLS. President shall review a determination described tion referred to as the ‘‘Office’’), which shall be (a) AUTHORITY.—

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

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(B) An assessment of— (d) LIMITATIONS ON RESCINDING DETERMINA- Treaty Organization or to Japan, Australia, or (i) the extent to which the existing export con- TION.—A determination made by the Secretary New Zealand, or to such other countries as the trol achieved its objectives before renewal based of State under subsection (a)(1) may not be re- President shall designate consistent with the on the objective criteria established for evalu- scinded unless the President submits to the purposes of this section and section 502B of the ating the export control; and Speaker of the House of Representatives and the Foreign Assistance Act of 1961 (22 U.S.C. 2304). (ii) the reasons why the existing export con- Chairman of the Committee on Banking, Hous- TITLE IV—PROCEDURES FOR EXPORT LI- trol has failed to fully achieve its objectives and, ing, and Urban Affairs and the Chairman of the CENSES AND INTERAGENCY DISPUTE if renewed, how the export control will achieve Committee on Foreign Relations of the Senate— RESOLUTION that objective before the next renewal year. (1) before the proposed rescission would take SEC. 401. EXPORT LICENSE PROCEDURES. (C) An updated description and assessment effect, a report certifying that— (a) RESPONSIBILITY OF THE SECRETARY.— of— (A) there has been a fundamental change in (1) IN GENERAL.—All applications for a license the leadership and policies of the government of (i) each of the criteria described in section 303, or other authorization to export a controlled the country concerned; and item shall be filed in such manner and include (B) that government is not supporting acts of (ii) each matter required to be reported under such information as the Secretary may, by regu- international terrorism; and section 304(b) (1) through (8). lation, prescribe. ENEWAL OF EXPORT CONTROL (C) that government has provided assurances (3) R .—The Presi- (2) PROCEDURES.—In guidance and regula- dent may renew an export control under this that it will not support acts of international ter- tions that implement this section, the Secretary title after submission of the report described in rorism in the future; or shall describe the procedures required by this paragraph (2) and publication of notice of re- (2) at least 45 days before the proposed rescis- section, the responsibilities of the Secretary and newal in the Federal Register. sion would take effect, a report justifying the of other departments and agencies in reviewing SEC. 308. TERMINATION OF CONTROLS UNDER rescission and certifying that— applications, the rights of the applicant, and (A) the government concerned has not pro- THIS TITLE. other relevant matters affecting the review of li- vided any support for international terrorism (a) IN GENERAL.—Notwithstanding any other cense applications. during the preceding 6-month period; and provision of law, the President— (3) CALCULATION OF PROCESSING TIMES.—In (1) shall terminate any export control imposed (B) the government concerned has provided calculating the processing times set forth in this under this title if the President determines that assurances that it will not support acts of inter- title, the Secretary shall use calendar days, ex- the control has substantially achieved the objec- national terrorism in the future. cept that if the final day for a required action tive for which it was imposed; and (e) INFORMATION TO BE INCLUDED IN NOTIFI- falls on a weekend or holiday, that action shall (2) may terminate at any time any export con- CATION.—The Secretary and the Secretary of be taken no later than the following business trol imposed under this title that is not required State shall include in the notification required day. by law. by subsection (b)— (4) CRITERIA FOR EVALUATING APPLICATIONS.— (b) EXCEPTION.—Paragraphs (1) and (2) of (1) a detailed description of the item to be of- In determining whether to grant an application subsection (a) do not apply to any export con- fered, including a brief description of the capa- to export a controlled item under this Act, the trol imposed pursuant to section 310. bilities of any item for which a license to export following criteria shall be considered: (c) EFFECTIVE DATE OF TERMINATION.—The is sought; (A) The characteristics of the controlled item. termination of an export control pursuant to (2) the reasons why the foreign country or (B) The threat to— this section shall take effect on the date notice international organization to which the export (i) the national security interests of the of the termination is published in the Federal or transfer is proposed to be made needs the item United States from items controlled under title Register. which is the subject of such export or transfer II of this Act; or and a description of the manner in which such SEC. 309. COMPLIANCE WITH INTERNATIONAL OB- (ii) the foreign policy of the United States LIGATIONS. country or organization intends to use the item; from items controlled under title III of this Act. Notwithstanding any other provision of this (3) the reasons why the proposed export or (C) The country tier designation of the coun- Act setting forth limitations on authority to transfer is in the national interest of the United try to which a controlled item is to be exported control exports and except as provided in section States; pursuant to section 203. 304, the President may impose controls on ex- (4) an analysis of the impact of the proposed (D) The risk of export diversion or misuse by— ports to a particular country or countries— export or transfer on the military capabilities of (i) the exporter; (1) of items listed on the control list of a multi- the foreign country or international organiza- (ii) the method of export; lateral export control regime, as defined in section to which such export or transfer would be (iii) the end-user; (iv) the country where the end-user is located; tion 2(14); or made; and (2) in order to fulfill obligations or commit- (5) an analysis of the manner in which the proposed export would affect the relative mili- (v) the end-use. ments of the United States under resolutions of (E) Risk mitigating factors including, but not the United Nations and under treaties, or other tary strengths of countries in the region to which the item which is the subject of such ex- limited to— international agreements and arrangements, to (i) changing the characteristics of the con- which the United States is a party. port would be delivered and whether other countries in the region have comparable kinds trolled item; SEC. 310. DESIGNATION OF COUNTRIES SUP- and amounts of the item; and (ii) after-market monitoring by the exporter; PORTING INTERNATIONAL TER- and RORISM. (6) an analysis of the impact of the proposed export or transfer on the United States relations (iii) post-shipment verification. (a) LICENSE REQUIRED.—Notwithstanding any with the countries in the region to which the (b) INITIAL SCREENING.— other provision of this Act setting forth limita- (1) UPON RECEIPT OF APPLICATION.—Upon re- tions on the authority to control exports, a li- item which is the subject of such export would be delivered. ceipt of an export license application, the Sec- cense shall be required for the export of any retary shall enter and maintain in the records of SEC. 311. CRIME CONTROL INSTRUMENTS. item to a country if the Secretary of State has the Department information regarding the re- determined that— (a) IN GENERAL.—Crime control and detection ceipt and status of the application. instruments and equipment shall be approved (1) the government of such country has re- (2) INITIAL PROCEDURES.— peatedly provided support for acts of inter- for export by the Secretary only pursuant to an (A) IN GENERAL.—Not later than 9 days after national terrorism; and individual export license. Notwithstanding any receiving any license application, the Secretary (2) the export of the item could make a signifi- other provision of this Act— shall— cant contribution to the military potential of (1) any determination by the Secretary of (i) contact the applicant if the application is such country, including its military logistics ca- what goods or technology shall be included on improperly completed or if additional informa- pability, or could enhance the ability of such the list established pursuant to this subsection tion is required, and hold the application for a country to support acts of international ter- as a result of the export restrictions imposed by reasonable time while the applicant provides the rorism. this section shall be made with the concurrence necessary corrections or information, and such (b) NOTIFICATION.—The Secretary and the of the Secretary of State, and time shall not be included in calculating the Secretary of State shall notify the Committee on (2) any determination by the Secretary to ap- time periods prescribed in this title; International Relations of the House of Rep- prove or deny an export license application to (ii) refer the application, through the use of a resentatives and the Committee on Banking, export crime control or detection instruments or common data base or other means, and all infor- Housing, and Urban Affairs and the Committee equipment shall be made in concurrence with mation submitted by the applicant, and all nec- on Foreign Relations of the Senate at least 30 the recommendations of the Secretary of State essary recommendations and analyses by the days before issuing any license required by sub- submitted to the Secretary with respect to the Secretary to the Secretary of Defense, the Sec- section (a). application pursuant to section 401 of this Act, retary of State, and the heads of and other de- (c) DETERMINATIONS REGARDING REPEATED except that, if the Secretary does not agree with partments and agencies the Secretary considers SUPPORT.—Each determination of the Secretary the Secretary of State with respect to any deter- appropriate; of State under subsection (a)(1), including each mination under paragraph (1) or (2), the matter (iii) ensure that the classification stated on determination in effect on the date of the enact- shall be referred to the President for resolution. the application for the export items is correct; ment of the Antiterrorism and Arms Export (b) EXCEPTION.—The provisions of this section and Amendments Act of 1989, shall be published in shall not apply with respect to exports to coun- (iv) return the application if a license is not the Federal Register. tries that are members of the North Atlantic required.

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(B) REFERRAL NOT REQUIRED.—In the event sought would allow such export to be compatible ernment-to-government assurances of suitable that the head of a department or agency deter- with export controls imposed under this Act, end-uses of items approved for export, when mines that certain types of applications need and which officer or employee of the Depart- failure to obtain such assurances would result not be referred to the department or agency, ment would be in a position to discuss modifica- in rejection of the application, if— such department or agency head shall notify the tions or restrictions with the applicant and the (A) the request for such assurances is sent to Secretary of the specific types of such applica- specific statutory and regulatory bases for im- the Secretary of State within 5 days after the tions that the department or agency does not posing such modifications or restrictions; determination that the assurances are required; wish to review. (D) to the extent consistent with the national (B) the Secretary of State initiates the request (3) WITHDRAWAL OF APPLICATION.—An appli- security and foreign policy interests of the of the relevant government within 10 days there- cant may, by written notice to the Secretary, United States, the specific considerations that after; and withdraw an application at any time before led to the determination to deny the application; (C) the license is issued within 5 days after final action. and the Secretary receives the requested assurances. (c) ACTION BY OTHER DEPARTMENTS AND (E) the availability of appeal procedures. (4) EXCEPTION.—Whenever a prelicense check AGENCIES.— (2) PERIOD FOR APPLICANT TO RESPOND.—The described in paragraph (2) or assurances de- (1) REFERRAL TO OTHER AGENCIES.—The Sec- applicant shall have 20 days from the date of scribed in paragraph (3) are not requested with- retary shall promptly refer a license application the notice of intent to deny the application to in the time periods set forth therein, then the to the departments and agencies under sub- respond in a manner that addresses and corrects time expended for such prelicense check or as- section (b) to make recommendations and pro- the reasons for the denial. If the applicant does surances shall be included in calculating the vide information to the Secretary. not adequately address or correct the reasons time periods established by this section. (2) RESPONSIBILITY OF REFERRAL DEPART- for denial or does not respond, the license shall (5) MULTILATERAL REVIEW.—Multilateral re- MENTS AND AGENCIES.—The Secretary of De- be denied. If the applicant does address or cor- view of a license application to the extent that fense, the Secretary of State, and the heads of rect the reasons for denial, the application shall such multilateral review is required by a rel- other reviewing departments and agencies shall be considered in a timely manner. evant multilateral regime. (6) CONGRESSIONAL NOTIFICATION.—Such time take all necessary actions in a prompt and re- (f) APPEALS AND OTHER ACTIONS BY APPLI- as is required for mandatory congressional noti- sponsible manner on an application. Each de- CANT.— partment or agency reviewing an application (1) IN GENERAL.—The Secretary shall establish fications under this Act. (7) CONSULTATIONS.—Consultation with for- under this section shall establish and maintain appropriate procedures for an applicant to ap- eign governments, if such consultation is pro- records properly identifying and monitoring the peal to the Secretary the denial of an applica- vided for by a relevant multilateral regime as a status of the matter referred to the department tion or other administrative action under this precondition for approving a license. or agency. Act. In any case in which the Secretary pro- (h) CLASSIFICATION REQUESTS AND OTHER IN- (3) ADDITIONAL INFORMATION REQUESTS.— poses to reverse the decision with respect to the Each department or agency to which a license QUIRIES.— application, the appeal under this subsection (1) CLASSIFICATION REQUESTS.—In any case in application is referred shall specify to the Sec- shall be handled in accordance with the inter- retary any information that is not in the appli- which the Secretary receives a written request agency dispute resolution process provided for asking for the proper classification of an item cation that would be required for the depart- in section 402(b)(3). ment or agency to make a determination with on the Control List or the applicability of licens- (2) ENFORCEMENT OF TIME LIMITS.— ing requirements under this title, the Secretary respect to the application, and the Secretary (A) IN GENERAL.—In any case in which an ac- shall promptly notify the Secretary of Defense shall promptly request such information from tion prescribed in this section is not taken on an and the head of any department or agency the the applicant. The time that may elapse between application within the time period established Secretary considers appropriate. The Secretary the date the information is requested by that de- by this section (except in the case of a time pe- shall, within 14 days after receiving the request, partment or agency and the date the informa- riod extended under subsection (g) of which the inform the person making the request of the tion is received by that department or agency applicant is notified), the applicant may file a proper classification. shall not be included in calculating the time pe- petition with the Secretary requesting compli- riods prescribed in this title. (2) OTHER INQUIRIES.—In any case in which ance with the requirements of this section. the Secretary receives a written request for in- (4) TIME PERIOD FOR ACTION BY REFERRAL DE- When such petition is filed, the Secretary shall PARTMENTS AND AGENCIES.—Within 30 days after formation under this Act, the Secretary shall, take immediate steps to correct the situation giv- within 30 days after receiving the request, reply the Secretary refers an application under this ing rise to the petition and shall immediately section, each department or agency to which an with that information to the person making the notify the applicant of such steps. request. application has been referred shall provide the (B) BRINGING COURT ACTION.—If, within 20 SEC. 402. INTERAGENCY DISPUTE RESOLUTION Secretary with a recommendation either to ap- days after a petition is filed under subpara- prove the license or to deny the license. A rec- PROCESS. graph (A), the processing of the application has (a) IN GENERAL.—All license applications on ommendation that the Secretary deny a license not been brought into conformity with the re- shall include a statement of reasons for the rec- which agreement cannot be reached shall be requirements of this section, or the processing of ferred to the interagency dispute resolution ommendation that are consistent with the provi- the application has been brought into con- sions of this title, and shall cite both the specific process for decision. formity with such requirements but the Sec- (b) INTERAGENCY DISPUTE RESOLUTION PROC- statutory and regulatory basis for the rec- retary has not so notified the applicant, the ap- ommendation. A department or agency that fails ESS.— plicant may bring an action in an appropriate (1) INITIAL RESOLUTION.—The Secretary shall to provide a recommendation in accordance with United States district court for an order requir- establish, select the chairperson of, and deter- this paragraph within that 30-day period shall ing compliance with the time periods required by mine procedures for an interagency committee to be deemed to have no objection to the decision this section. review initially all license applications described of the Secretary on the application. (g) EXCEPTIONS FROM REQUIRED TIME PERI- in subsection (a) with respect to which the Sec- (d) ACTION BY THE SECRETARY.—Not later ODS.—The following actions related to proc- than 30 days after the date the application is re- retary and any of the referral departments and essing an application shall not be included in agencies are not in agreement. The chairperson ferred, the Secretary shall— calculating the time periods prescribed in this (1) if there is agreement among the referral de- shall consider the positions of all the referral section: partments and agencies to issue or deny the li- departments and agencies (which shall be in- (1) AGREEMENT OF THE APPLICANT.—Delays cense— cluded in the minutes described in subsection upon which the Secretary and the applicant (A) issue the license and ensure all appro- (c)(2)) and make a decision on the license appli- mutually agree. priate personnel in the Department (including cation, including appropriate revisions or condi- (2) PRELICENSE CHECKS.—A prelicense check the Office of Export Enforcement) are notified tions thereto. (for a period not to exceed 60 days) that may be of all approved license applications; or (2) INTELLIGENCE COMMUNITY.—The analytic (B) notify the applicant of the intention to required to establish the identity and reliability product of the intelligence community should be deny the license; or of the recipient of items controlled under this fully considered with respect to any proposed li- (2) if there is no agreement among the referral Act, if— cense under this title. departments and agencies, notify the applicant (A) the need for the prelicense check is deter- (3) FURTHER RESOLUTION.—The President that the application is subject to the inter- mined by the Secretary or by another depart- shall establish additional levels for review or ap- agency dispute resolution process provided for ment or agency in any case in which the request peal of any matter that cannot be resolved pur- in section 402. for the prelicense check is made by such depart- suant to the process described in paragraph (1). (e) CONSEQUENCES OF APPLICATION DENIAL.— ment or agency; Each such review shall— (1) IN GENERAL.—If a determination is made to (B) the request for the prelicense check is ini- (A) provide for decision-making based on the deny a license, the applicant shall be informed tiated by the Secretary within 5 days after the majority vote of the participating departments in writing, consistent with the protection of in- determination that the prelicense check is re- and agencies; telligence information sources and methods, by quired; and (B) provide that a department or agency that the Secretary of— (C) the analysis of the result of the prelicense fails to take a timely position, citing the specific (A) the determination; check is completed by the Secretary within 5 statutory and regulatory bases for a position, (B) the specific statutory and regulatory bases days. shall be deemed to have no objection to the for the proposed denial; (3) REQUESTS FOR GOVERNMENT-TO-GOVERN- pending decision; (C) what, if any, modifications to, or restric- MENT ASSURANCES.—Any request by the Sec- (C) provide that any decision of an inter- tions on, the items for which the license was retary or another department or agency for gov- agency committee established under paragraph

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9026 CONGRESSIONAL RECORD — SENATE September 4, 2001 (1) or interagency dispute resolution process es- has procedures for the uniform and consistent (A) by creating a requirement to share infor- tablished under this paragraph may be esca- interpretation and implementation of its rules mation about export license applications among lated to the next higher level of review at the re- and guidelines. members before a member approves an export li- quest of an official appointed by the President, (5) ENHANCED COOPERATION WITH REGIME NON- cense; and by and with the advice of the Senate, or an offi- MEMBERS.—There is agreement among the mem- (B) harmonizing national export license ap- cer properly acting in such capacity, of a de- bers of the multilateral export control regime proval procedures and practices, including the partment or agency that participated in the to— elimination of undercutting. interagency committee or dispute resolution (A) cooperate with governments outside the (2) REVIEW AND UPDATE.—Review and update process that made the decision; and regime to restrict the export of items controlled multilateral regime export control lists with (D) ensure that matters are resolved or re- by such regime; and other members, taking into account— ferred to the President not later than 90 days (B) establish an ongoing mechanism in the re- (A) national security concerns; after the date the completed license application gime to coordinate planning and implementation (B) the controllability of items; and is referred by the Secretary. of export control measures related to such co- (C) the costs and benefits of controls. (c) FINAL ACTION.— operation. (3) ENCOURAGE COMPLIANCE BY NONMEM- (1) IN GENERAL.—Once a final decision is made (6) PERIODIC HIGH-LEVEL MEETINGS.—There BERS.—Encourage nonmembers of the multilat- under subsection (b), the Secretary shall are regular periodic meetings of high-level rep- eral export control regime— promptly— resentatives of the governments of members of (A) to strengthen their national export control (A) issue the license and ensure that all ap- the multilateral export control regime for the regimes and improve enforcement; propriate personnel in the Department (includ- purpose of coordinating export control policies (B) to adhere to the appropriate multilateral ing the Office of Export Enforcement) are noti- and issuing policy guidance to members of the export control regime; and fied of all approved license applications; or regime. (C) not to undermine an existing multilateral (B) notify the applicant of the intention to (7) COMMON LIST OF CONTROLLED ITEMS.— export control regime by exporting controlled deny the application. There is agreement on a common list of items items in a manner inconsistent with the guide- (2) MINUTES.—The interagency committee and controlled by the multilateral export control re- lines of the regime. each level of the interagency dispute resolution gime. (f) TRANSPARENCY OF MULTILATERAL EXPORT process shall keep reasonably detailed minutes (8) REGULAR UPDATES OF COMMON LIST.— CONTROL REGIMES.— of all meetings. On each matter before the inter- There is a procedure for removing items from the (1) PUBLICATION OF INFORMATION ON EACH EX- agency committee or before any other level of list of controlled items when the control of such ISTING REGIME.—Not later than 120 days after the interagency dispute resolution process in items no longer serves the objectives of the mem- the date of enactment of this Act, the Secretary which members disagree, each member shall bers of the multilateral export control regime. shall, for each multilateral export control re- clearly state the reasons for the member’s posi- (9) TREATMENT OF CERTAIN COUNTRIES.—There gime, to the extent that it is not inconsistent tion and the reasons shall be entered in the min- is agreement to prevent the export or diversion with the arrangements of that regime (in the utes. of the most sensitive items to countries whose judgment of the Secretary of State) or with the TITLE V—INTERNATIONAL ARRANGE- activities are threatening to the national secu- national interest, publish in the Federal Reg- MENTS; FOREIGN BOYCOTTS; SANC- rity of the United States or its allies. ister and post on the Department of Commerce (10) HARMONIZATION OF LICENSE APPROVAL TIONS; AND ENFORCEMENT website the following information with respect PROCEDURES.—There is harmonization among to the regime: SEC. 501. INTERNATIONAL ARRANGEMENTS. the members of the regime of their national ex- (a) MULTILATERAL EXPORT CONTROL RE- (A) The purposes of the regime. port license approval procedures, practices, and (B) The members of the regime. GIMES.— standards. (1) POLICY.—It is the policy of the United (C) The export licensing policy of the regime. (11) UNDERCUTTING.—There is a limit with re- (D) The items that are subject to export con- States to seek multilateral arrangements that spect to when members of a multilateral export support the national security objectives of the trols under the regime, together with all public control regime— notes, understandings, and other aspects of the United States (as described in title II) and that (A) grant export licenses for any item that is establish fairer and more predictable competitive agreement of the regime, and all changes there- substantially identical to or directly competitive to. opportunities for United States exporters. with an item controlled pursuant to the regime, (2) PARTICIPATION IN EXISTING REGIMES.—Con- (E) Any countries, end uses, or end users that where the United States has denied an export li- are subject to the export controls of the regime. gress encourages the United States to continue cense for such item, or its active participation in and to strengthen ex- (F) Rules of interpretation. (B) approve exports to a particular end user to (G) Major policy actions. isting multilateral export control regimes. which the United States has denied export li- (H) The rules and procedures of the regime for (3) PARTICIPATION IN NEW REGIMES.—It is the cense for a similar item. policy of the United States to participate in ad- establishing and modifying any matter described (d) STANDARDS FOR NATIONAL EXPORT CON- in subparagraphs (A) through (G) and for re- ditional multilateral export control regimes if TROL SYSTEMS.—The President shall take steps such participation would serve the national se- viewing export license applications. to attain the cooperation of members of each re- (2) NEW REGIMES.—Not later than 60 days curity interests of the United States. gime in implementing effective national export (b) ANNUAL REPORT ON MULTILATERAL EX- after the United States joins or organizes a new control systems containing the following fea- multilateral export control regime, the Secretary PORT CONTROL REGIMES.—Not later than Feb- tures: ruary 1 of each year, the President shall submit shall, to the extent that it is not inconsistent (1) EXPORT CONTROL LAW.—Enforcement au- with arrangements under the regime (in the to the Committee on Banking, Housing, and thority, civil and criminal penalties, and stat- Urban Affairs of the Senate and the Committee judgment of the Secretary of State) or with the utes of limitations are sufficient to deter poten- national interest, publish in the Federal Reg- on International Relations of the House of Rep- tial violations and punish violators under the resentatives a report evaluating the effectiveness ister and post on the Department of Commerce member’s export control law. website the information described in subpara- of each multilateral export control regime, in- (2) LICENSE APPROVAL PROCESS.—The system graphs (A) through (H) of paragraph (1) with cluding an assessment of the steps undertaken for evaluating export license applications in- respect to the regime. pursuant to subsections (c) and (d). The report, cludes sufficient technical expertise to assess the (3) PUBLICATION OF CHANGES.—Not later than or any part of this report, may be submitted in licensing status of exports and ensure the reli- classified form to the extent the President con- 60 days after a multilateral export control re- ability of end users. gime adopts any change in the information pub- siders necessary. (3) ENFORCEMENT.—The enforcement mecha- lished under this subsection, the Secretary shall, (c) STANDARDS FOR MULTILATERAL EXPORT nism provides authority for trained enforcement to the extent not inconsistent with the arrange- CONTROL REGIMES.—The President shall take officers to investigate and prevent illegal ex- ments under the regime or the national interest, steps to establish the following features in any ports. publish such changes in the Federal Register multilateral export control regime in which the (4) DOCUMENTATION.—There is a system of ex- United States is participating or may partici- port control documentation and verification and post such changes on the Department of pate: with respect to controlled items. Commerce website. (1) FULL MEMBERSHIP.—All supplier countries (5) INFORMATION.—There are procedures for (g) SUPPORT OF OTHER COUNTRIES’ EXPORT are members of the regime, and the policies and the coordination and exchange of information CONTROL SYSTEMS.—The Secretary is encour- activities of the members are consistent with the concerning licensing, end users, and enforce- aged to continue to— objectives and membership criteria of the multi- ment with other members of the multilateral ex- (1) participate in training of, and provide lateral export control regime. port control regime. training to, officials of other countries on the (2) EFFECTIVE ENFORCEMENT AND COMPLI- (6) RESOURCES.—The member has devoted ade- principles and procedures for implementing ef- ANCE.—The regime promotes enforcement and quate resources to administer effectively the au- fective export controls; and compliance with the regime’s rules and guide- thorities, systems, mechanisms, and procedures (2) participate in any such training provided lines. described in paragraphs (1) through (5). by other departments and agencies of the United (3) PUBLIC UNDERSTANDING.—The regime (e) OBJECTIVES REGARDING MULTILATERAL EX- States. makes an effort to enhance public under- PORT CONTROL REGIMES.—The President shall SEC. 502. FOREIGN BOYCOTTS. standing of the purpose and procedures of the seek to achieve the following objectives with re- (a) PURPOSES.—The purposes of this section multilateral export control regime. gard to multilateral export control regimes: are as follows: (4) EFFECTIVE IMPLEMENTATION PROCE- (1) STRENGTHEN EXISTING REGIMES.—Strength- (1) To counteract restrictive trade practices or DURES.—The multilateral export control regime en existing multilateral export control regimes— boycotts fostered or imposed by foreign countries

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9027 against other countries friendly to the United vided, by any business concern organized under person receiving a request to furnish informa- States or against any United States person. the laws of the boycotted country or by nation- tion, enter into or implement an agreement, or (2) To encourage and, in specified cases, re- als or residents of the boycotted country; or take any other action referred to in subsection quire United States persons engaged in the ex- (ii) prohibiting the shipment of items to the (a) shall report that request to the Secretary, to- port of items to refuse to take actions, including boycotting country on a carrier of the boycotted gether with any other information concerning furnishing information or entering into or im- country or by a route other than that prescribed the request that the Secretary determines appro- plementing agreements, which have the effect of by the boycotting country or the recipient of the priate. The person shall also submit to the Sec- furthering or supporting the restrictive trade shipment; retary a statement regarding whether the person practices or boycotts fostered or imposed by any (B) compliance, or agreement to comply, with intends to comply, and whether the person has foreign country against a country friendly to import and shipping document requirements complied, with the request. Any report filed pur- the United States or against any United States with respect to the country of origin, the name suant to this paragraph shall be made available person. of the carrier and route of shipment, the name promptly for public inspection and copying, ex- (b) PROHIBITIONS AND EXCEPTIONS.— of the supplier of the shipment, or the name of cept that information regarding the quantity, (1) PROHIBITIONS.—In order to carry out the the provider of other services, except that, for description, and value of any item to which purposes set forth in subsection (a), the Presi- purposes of applying any exception under this such report relates may be treated as confiden- dent shall issue regulations prohibiting any subparagraph, no information knowingly fur- tial if the Secretary determines that disclosure United States person, with respect to that per- nished or conveyed in response to such require- of that information would place the United son’s activities in the interstate or foreign comments may be stated in negative, blacklisting, or States person involved at a competitive dis- merce of the United States, from taking or similar exclusionary terms, other than with re- advantage. The Secretary shall periodically knowingly agreeing to take any of the following spect to carriers or route of shipment as may be transmit summaries of the information con- actions with intent to comply with, further, or permitted by such regulations in order to comply tained in the reports to the Secretary of State support any boycott fostered or imposed by a with precautionary requirements protecting for such action as the Secretary of State, in con- foreign country against a country that is friend- against war risks and confiscation; sultation with the Secretary, considers appro- ly to the United States and is not itself the ob- (C) compliance, or agreement to comply, in the ject of any form of boycott pursuant to United priate to carry out the purposes set forth in sub- normal course of business with the unilateral section (a). States law or regulation: and specific selection by a boycotting country, (A) Refusing, or requiring any other person to (d) PREEMPTION.—The provisions of this sec- or a national or resident thereof, or carriers, in- refuse, to do business with or in the boycotted tion and the regulations issued under this sec- surers, suppliers of services to be performed country, with any business concern organized tion shall preempt any law, rule, or regulation within the boycotting country, or specific items under the laws of the boycotted country, with that— which, in the normal course of business, are any national or resident of the boycotted coun- (1) is a law, rule, or regulation of any of the identifiable by source when imported into the try, or with any other person, pursuant to an several States or the District of Columbia, or boycotting country; agreement with, or requirement of, or a request any of the territories or possessions of the (D) compliance, or agreement to comply, with from or on behalf of the boycotting country United States, or of any governmental subdivi- export requirements of the boycotting country (subject to the condition that the intent required sion thereof; and relating to shipment or transshipment of exports (2) pertains to participation in, compliance to be associated with such an act in order to to the boycotted country, to any business con- constitute a violation of the prohibition is not with, implementation of, or the furnishing of in- cern of or organized under the laws of the boy- indicated solely by the mere absence of a busi- formation regarding restrictive trade practices ness relationship with or in the boycotted coun- cotted country, or to any national or resident of or boycotts fostered or imposed by foreign country, with any business concern organized under the boycotted country; tries against other countries. (E) compliance by an individual, or agreement the laws of the boycotted country, with any na- SEC. 503. PENALTIES. by an individual to comply, with the immigra- tional or resident of the boycotted country, or (a) CRIMINAL PENALTIES.— tion or passport requirements of any country with any other person). (1) VIOLATIONS BY AN INDIVIDUAL.—Any indi- (B) Refusing, or requiring any other person to with respect to such individual or any member vidual who willfully violates, conspires to vio- refuse, to employ or otherwise discriminate of such individual’s family or with requests for late, or attempts to violate any provision of this against any United States person on the basis of information regarding requirements of employ- Act or any regulation, license, or order issued the race, religion, sex, or national origin of that ment of such individual within the boycotting under this Act shall be fined up to 10 times the person or of any owner, officer, director, or em- country; and value of the exports involved or $1,000,000, ployee of such person. (F) compliance by a United States person resi- whichever is greater, imprisoned for not more (C) Furnishing information with respect to the dent in a foreign country, or agreement by such than 10 years, or both, for each violation. race, religion, sex, or national origin of any a person to comply, with the laws of the country (2) VIOLATIONS BY A PERSON OTHER THAN AN United States person or of any owner, officer, with respect to the person’s activities exclusively INDIVIDUAL.—Any person other than an indi- director, or employee of such person. therein, and such regulations may contain ex- vidual who willfully violates, conspires to vio- (D) Furnishing information (other than fur- ceptions for such resident complying with the late, or attempts to violate any provision of this nishing normal business information in a com- laws or regulations of the foreign country gov- Act or any regulation, license, or order issued mercial context, as defined by the Secretary) erning imports into such country of under this Act shall be fined up to 10 times the about whether any person has, has had, or pro- trademarked, trade-named, or similarly specifi- value of the exports involved or $5,000,000, poses to have any business relationship (includ- cally identifiable products, or components of whichever is greater, for each violation. ing a relationship by way of sale, purchase, products for such person’s own use, including (b) FORFEITURE OF PROPERTY INTEREST AND legal or commercial representation, shipping or the performance of contractual services within PROCEEDS.— other transport, insurance, investment, or sup- that country. (1) FORFEITURE.—Any person who is con- ply) with or in the boycotted country, with any (3) LIMITATION ON EXCEPTIONS.—Regulations victed under paragraph (1) or (2) of subsection business concern organized under the laws of issued pursuant to paragraphs (2)(C) and (2)(F) (a) shall, in addition to any other penalty, for- the boycotted country, with any national or shall not provide exceptions from paragraphs feit to the United States— resident of the boycotted country, or with any (1)(B) and (1)(C). (A) any of that person’s security or other in- other person that is known or believed to be re- (4) ANTITRUST AND CIVIL RIGHTS LAWS NOT AF- terest in, claim against, or property or contrac- stricted from having any business relationship FECTED.—Nothing in this subsection may be tual rights of any kind in the tangible items with or in the boycotting country. construed to supersede or limit the operation of that were the subject of the violation; (E) Furnishing information about whether the antitrust or civil rights laws of the United (B) any of that person’s security or other in- any person is a member of, has made a contribu- States. terest in, claim against, or property or contrac- tion to, or is otherwise associated with or in- (5) EVASION.—This section applies to any tual rights of any kind in the tangible property volved in the activities of any charitable or fra- transaction or activity undertaken by or that was used in the export or attempt to export ternal organization which supports the boy- through a United States person or any other that was the subject of the violation; and cotted country. person with intent to evade the provisions of (C) any of that person’s property constituting, (F) Paying, honoring, confirming, or other- this section or the regulations issued pursuant or derived from, any proceeds obtained directly wise implementing a letter of credit which con- to this subsection. The regulations issued pursu- or indirectly as a result of the violation. tains any condition or requirement the compli- ant to this section shall expressly provide that (2) PROCEDURES.—The procedures in any for- ance with which is prohibited by regulations the exceptions set forth in paragraph (2) do not feiture under this subsection, and the duties issued pursuant to this paragraph, and no permit activities or agreements (expressed or im- and authority of the courts of the United States United States person shall, as a result of the applied by a course of conduct, including a pat- and the Attorney General with respect to any plication of this paragraph, be obligated to pay tern of responses) that are otherwise prohibited, forfeiture action under this subsection, or with or otherwise honor or implement such letter of pursuant to the intent of such exceptions. respect to any property that may be subject to credit. (c) ADDITIONAL REGULATIONS AND REPORTS.— forfeiture under this subsection, shall be gov- (2) EXCEPTIONS.—Regulations issued pursuant (1) REGULATIONS.—In addition to the regula- erned by the provisions of chapter 46 of title 18, to paragraph (1) shall provide exceptions for— tions issued pursuant to subsection (b), regula- United States Code (relating to criminal for- (A) compliance, or agreement to comply, with tions issued pursuant to title III shall implement feiture), to the same extent as property subject requirements— the purposes set forth in subsection (a). to forfeiture under that chapter. (i) prohibiting the import of items from the (2) REPORTS BY UNITED STATES PERSONS.—The (c) CIVIL PENALTIES; ADMINISTRATIVE SANC- boycotted country or items produced or pro- regulations shall require that any United States TIONS.—

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(1) CIVIL PENALTIES.—The Secretary may im- controlled items under this Act or any regula- (iii) facilitates such export, transfer, or trade pose a civil penalty of up to $500,000 for each tion, license, or order issued under the Inter- by any other person, violation of a provision of this Act or any regu- national Emergency Economic Powers Act, or then the President shall impose the applicable lation, license, or order issued under this Act. A the export of items controlled under the Arms sanctions described in subparagraph (B). civil penalty under this paragraph may be in Export Control Act, (B) SANCTIONS DESCRIBED.—The sanctions addition to, or in lieu of, any other liability or (I) section 175 of title 18, United States Code, which apply to a United States person under penalty which may be imposed for such a viola- (J) a provision of the Atomic Energy Act (42 subparagraph (A) are the following: tion. U.S.C. 201 et seq.), (i) If the item on the MTCR Annex involved in (2) DENIAL OF EXPORT PRIVILEGES.—The Sec- (K) section 831 of title 18, United States Code, the export, transfer, or trade is missile equip- retary may deny the export privileges of any or ment or technology within category II of the person, including the suspension or revocation (L) section 2332a of title 18, United States MTCR Annex, then the President shall deny to of the authority of such person to export or re- Code, such United States person, for a period of 2 ceive United States-origin items subject to this may, at the discretion of the Secretary, be de- years, licenses for the transfer of missile equip- Act, for a violation of a provision of this Act or nied export privileges under this Act for a period ment or technology controlled under this Act. any regulation, license, or order issued under not to exceed 10 years from the date of the con- (ii) If the item on the MTCR Annex involved this Act. viction. The Secretary may also revoke any ex- in the export, transfer, or trade is missile equip- (3) EXCLUSION FROM PRACTICE.—The Sec- port license under this Act in which such person ment or technology within category I of the retary may exclude any person acting as an at- had an interest at the time of the conviction. MTCR Annex, then the President shall deny to torney, accountant, consultant, freight for- (2) RELATED PERSONS.—The Secretary may ex- such United States person, for a period of not warder, or in any other representative capacity ercise the authority under paragraph (1) with less than 2 years, all licenses for items the ex- from participating before the Department with respect to any person related through affili- port of which is controlled under this Act. respect to a license application or any other ation, ownership, control, or position of respon- (2) DISCRETIONARY SANCTIONS.—In the case of matter under this Act. sibility to a person convicted of any violation of any determination referred to in paragraph (1), (d) PAYMENT OF CIVIL PENALTIES.— a law set forth in paragraph (1) upon a showing the Secretary may pursue any other appropriate (1) PAYMENT AS CONDITION OF FURTHER EX- of such relationship with the convicted person. penalties under section 503. PORT PRIVILEGES.—The payment of a civil pen- The Secretary shall make such showing only (3) WAIVER.—The President may waive the im- alty imposed under subsection (c) may be made after providing notice and opportunity for a position of sanctions under paragraph (1) on a a condition for the granting, restoration, or con- hearing. person with respect to an item if the President tinuing validity of any export license, permis- (g) STATUTE OF LIMITATIONS.— certifies to Congress that— sion, or privilege granted or to be granted to the (1) IN GENERAL.—Except as provided in para- (A) the item is essential to the national secu- person upon whom such penalty is imposed. The graph (2), a proceeding in which a civil penalty rity of the United States; and period for which the payment of a penalty may or other administrative sanction (other than a (B) such person is a sole source supplier of the be made such a condition may not exceed 1 year temporary denial order) is sought under sub- item, the item is not available from any alter- after the date on which the payment is due. section (c) may not be instituted more than 5 native reliable supplier, and the need for the (2) DEFERRAL OR SUSPENSION.— years after the later of the date of the alleged item cannot be met in a timely manner by im- (A) IN GENERAL.—The payment of a civil pen- violation or the date of discovery of the alleged proved manufacturing processes or technological alty imposed under subsection (c) may be de- violation. developments. ferred or suspended in whole or in part for a pe- (2) EXCEPTION.— (b) TRANSFERS OF MISSILE EQUIPMENT OR riod no longer than any probation period (A) TOLLING.—In any case in which a crimi- TECHNOLOGY BY FOREIGN PERSONS.— (which may exceed 1 year) that may be imposed nal indictment alleging a violation under sub- (1) SANCTIONS.— upon the person on whom the penalty is im- section (a) is returned within the time limits pre- (A) IN GENERAL.—Subject to paragraphs (3) posed. scribed by law for the institution of such action, through (7), if the President determines that a (B) NO BAR TO COLLECTION OF PENALTY.—A the limitation under paragraph (1) for bringing foreign person, after the date of enactment of deferral or suspension under subparagraph (A) a proceeding to impose a civil penalty or other this section, knowingly— shall not operate as a bar to the collection of the administrative sanction under this section shall, (i) exports, transfers, or otherwise engages in penalty concerned in the event that the condi- upon the return of the criminal indictment, be the trade of any MTCR equipment or technology tions of the suspension, deferral, or probation tolled against all persons named as a defendant. that contributes to the design, development, or are not fulfilled. (B) DURATION.—The tolling of the limitation production of missiles in a country that is not (3) TREATMENT OF PAYMENTS.—Any amount with respect to a defendant under subparagraph an MTCR adherent and would be, if it were paid in satisfaction of a civil penalty imposed (A) as a result of a criminal indictment shall United States-origin equipment or technology, under subsection (c) shall be covered into the continue for a period of 6 months from the date subject to the jurisdiction of the United States Treasury as miscellaneous receipts. on which the conviction of the defendant be- under this Act, (e) REFUNDS.— comes final, the indictment against the defend- (ii) conspires to or attempts to engage in such (1) AUTHORITY.— ant is dismissed, or the criminal action has con- export, transfer, or trade, or (A) IN GENERAL.—The Secretary may, in the cluded. (iii) facilitates such export, transfer, or trade Secretary’s discretion, refund any civil penalty (h) VIOLATIONS DEFINED BY REGULATION.— by any other person, imposed under subsection (c) on the ground of a Nothing in this section shall limit the authority material error of fact or law in imposition of the or if the President has made a determination of the Secretary to define by regulation viola- penalty. with respect to a foreign person under section tions under this Act. (B) LIMITATION.—A civil penalty may not be 73(a) of the Arms Export Control Act, then the refunded under subparagraph (A) later than 2 (i) CONSTRUCTION.—Nothing in subsection (c), President shall impose on that foreign person years after payment of the penalty. (d), (e), (f), or (g) limits— the applicable sanctions under subparagraph (1) the availability of other administrative or (2) PROHIBITION ON ACTIONS FOR REFUND.— (B). Notwithstanding section 1346(a) of title 28, judicial remedies with respect to a violation of a (B) SANCTIONS DESCRIBED.—The sanctions United States Code, no action for the refund of provision of this Act, or any regulation, order, which apply to a foreign person under subpara- any civil penalty referred to in paragraph (1) or license issued under this Act; graph (A) are the following: may be maintained in any court. (2) the authority to compromise and settle ad- (i) If the item involved in the export, transfer, (f) EFFECT OF OTHER CONVICTIONS.— ministrative proceedings brought with respect to or trade is within category II of the MTCR (1) DENIAL OF EXPORT PRIVILEGES.—Any per- any such violation; or Annex, then the President shall deny, for a pe- son convicted of a violation of— (3) the authority to compromise, remit, or miti- riod of 2 years, licenses for the transfer to such (A) a provision of this Act or the Export Ad- gate seizures and forfeitures pursuant to section foreign person of missile equipment or tech- ministration Act of 1979, 1(b) of title VI of the Act of June 15, 1917 (22 nology the export of which is controlled under (B) a provision of the International Emer- U.S.C. 401(b)). this Act. gency Economic Powers Act (50 U.S.C. 1701 et SEC. 504. MISSILE PROLIFERATION CONTROL VIO- (ii) If the item involved in the export, transfer, seq.), LATIONS. or trade is within category I of the MTCR (C) section 793, 794, or 798 of title 18, United (a) VIOLATIONS BY UNITED STATES PERSONS.— Annex, then the President shall deny, for a pe- States Code, (1) SANCTIONS.— riod of not less than 2 years, licenses for the (D) section 4(b) of the Internal Security Act of (A) IN GENERAL.—If the President determines transfer to such foreign person of items the ex- 1950 (50 U.S.C. 783(b)), that a United States person knowingly— port of which is controlled under this Act. (E) section 38 of the Arms Export Control Act (i) exports, transfers, or otherwise engages in (iii) If, in addition to actions taken under (22 U.S.C. 2778), the trade of any item on the MTCR Annex, in clauses (i) and (ii), the President determines (F) section 16 of the Trading with the Enemy violation of the provisions of section 38 (22 that the export, transfer, or trade has substan- Act (50 U.S.C. App. 16), U.S.C. 2778) or chapter 7 of the Arms Export tially contributed to the design, development, or (G) any regulation, license, or order issued Control Act, title II or III of this Act, or any production of missiles in a country that is not under any provision of law listed in subpara- regulations or orders issued under any such pro- an MTCR adherent, then the President shall graph (A), (B), (C), (D), (E), or (F), visions, prohibit, for a period of not less than 2 years, (H) section 371 or 1001 of title 18, United (ii) conspires to or attempts to engage in such the importation into the United States of prod- States Code, if in connection with the export of export, transfer, or trade, or ucts produced by that foreign person.

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(2) INAPPLICABILITY WITH RESPECT TO MTCR (B) to products or services provided under United States item, subject to the jurisdiction of ADHERENTS.—Paragraph (1) does not apply with contracts entered into before the date on which the United States under this Act, respect to— the President publishes his intention to impose to the efforts by any foreign country, project, or (A) any export, transfer, or trading activity the sanctions; or entity described in paragraph (2) to use, de- that is authorized by the laws of an MTCR ad- (C) to— velop, produce, stockpile, or otherwise acquire herent, if such authorization is not obtained by (i) spare parts, chemical or biological weapons. misrepresentation or fraud; or (ii) component parts, but not finished prod- (2) COUNTRIES, PROJECTS, OR ENTITIES RECEIV- (B) any export, transfer, or trade of an item to ucts, essential to United States products or pro- ING ASSISTANCE.—Paragraph (1) applies in the an end user in a country that is an MTCR ad- duction, case of— herent. (iii) routine services and maintenance of prod- (A) any foreign country that the President de- (3) EFFECT OF ENFORCEMENT ACTIONS BY MTCR ucts, to the extent that alternative sources are ADHERENTS.—Sanctions set forth in paragraph not readily or reasonably available, or termines has, at any time after the date of en- (1) may not be imposed under this subsection on (iv) information and technology essential to actment of this Act— a person with respect to acts described in such United States products or production. (i) used chemical or biological weapons in vio- paragraph or, if such sanctions are in effect (c) DEFINITIONS.—In this section: lation of international law; against a person on account of such acts, such (1) MISSILE.—The term ‘‘missile’’ means a cat- (ii) used lethal chemical or biological weapons sanctions shall be terminated, if an MTCR ad- egory I system as defined in the MTCR Annex, against its own nationals; or herent is taking judicial or other enforcement and any other unmanned delivery system of (iii) made substantial preparations to engage action against that person with respect to such similar capability, as well as the specially de- in the activities described in clause (i) or (ii); acts, or that person has been found by the gov- signed production facilities for these systems. (B) any foreign country whose government is ernment of an MTCR adherent to be innocent of (2) MISSILE TECHNOLOGY CONTROL REGIME; determined for purposes of section 310 to be a wrongdoing with respect to such acts. MTCR.—The term ‘‘Missile Technology Control government that has repeatedly provided sup- (4) ADVISORY OPINIONS.—The Secretary, in Regime’’ or ‘‘MTCR’’ means the policy state- port for acts of international terrorism; or consultation with the Secretary of State and the ment, between the United States, the United (C) any other foreign country, project, or enti- Secretary of Defense, may, upon the request of Kingdom, the Federal Republic of Germany, ty designated by the President for purposes of any person, issue an advisory opinion to that France, Italy, Canada, and Japan, announced this section. person as to whether a proposed activity by that on April 16, 1987, to restrict sensitive missile-rel- (3) PERSONS AGAINST WHICH SANCTIONS ARE TO person would subject that person to sanctions evant transfers based on the MTCR Annex, and BE IMPOSED.—Sanctions shall be imposed pursu- under this subsection. Any person who relies in any amendments thereto. ant to paragraph (1) on— good faith on such an advisory opinion which (3) MTCR ADHERENT.—The term ‘‘MTCR ad- (A) the foreign person with respect to which states that the proposed activity would not sub- herent’’ means a country that participates in the President makes the determination described ject a person to such sanctions, and any person the MTCR or that, pursuant to an international in that paragraph; who thereafter engages in such activity, may understanding to which the United States is a (B) any successor entity to that foreign per- not be made subject to such sanctions on ac- party, controls MTCR equipment or technology son; count of such activity. in accordance with the criteria and standards (C) any foreign person that is a parent or sub- (5) WAIVER AND REPORT TO CONGRESS.— set forth in the MTCR. sidiary of that foreign person if that parent or (A) WAIVER.—In any case other than one in (4) MTCR ANNEX.—The term ‘‘MTCR Annex’’ subsidiary knowingly assisted in the activities which an advisory opinion has been issued means the Guidelines and Equipment and Tech- which were the basis of that determination; and under paragraph (4) stating that a proposed ac- nology Annex of the MTCR, and any amend- (D) any foreign person that is an affiliate of tivity would not subject a person to sanctions ments thereto. that foreign person if that affiliate knowingly under this subsection, the President may waive (5) MISSILE EQUIPMENT OR TECHNOLOGY; MTCR assisted in the activities which were the basis of the application of paragraph (1) to a foreign EQUIPMENT OR TECHNOLOGY.—The terms ‘‘mis- that determination and if that affiliate is con- person if the President determines that such sile equipment or technology’’ and ‘‘MTCR trolled in fact by that foreign person. waiver is essential to the national security of equipment or technology’’ mean those items list- (b) CONSULTATIONS WITH AND ACTIONS BY the United States. ed in category I or category II of the MTCR FOREIGN GOVERNMENT OF JURISDICTION.— (B) REPORT TO CONGRESS.—In the event that Annex. (1) CONSULTATIONS.—If the President makes the President decides to apply the waiver de- (6) FOREIGN PERSON.—The term ‘‘foreign per- the determinations described in subsection (a)(1) scribed in subparagraph (A), the President shall son’’ means any person other than a United with respect to a foreign person, Congress urges so notify Congress not less than 20 working days States person. the President to initiate consultations imme- before issuing the waiver. Such notification (7) PERSON.— diately with the government with primary juris- (A) IN GENERAL.—The term ‘‘person’’ means a shall include a report fully articulating the ra- diction over that foreign person with respect to natural person as well as a corporation, busi- tionale and circumstances which led the Presi- the imposition of sanctions pursuant to this sec- ness association, partnership, society, trust, any dent to apply the waiver. tion. other nongovernmental entity, organization, or (6) ADDITIONAL WAIVER.—The President may (2) ACTIONS BY GOVERNMENT OF JURISDIC- group, and any governmental entity operating waive the imposition of sanctions under para- TION.—In order to pursue such consultations as a business enterprise, and any successor of graph (1) on a person with respect to a product with that government, the President may delay any such entity. or service if the President certifies to the Con- imposition of sanctions pursuant to this section (B) IDENTIFICATION IN CERTAIN CASES.—In the gress that— for a period of up to 90 days. Following the con- case of countries where it may be impossible to (A) the product or service is essential to the sultations, the President shall impose sanctions identify a specific governmental entity referred national security of the United States; and unless the President determines and certifies to (B) such person is a sole source supplier of the to in subparagraph (A), the term ‘‘person’’ Congress that government has taken specific product or service, the product or service is not means— and effective actions, including appropriate available from any alternative reliable supplier, (i) all activities of that government relating to penalties, to terminate the involvement of the and the need for the product or service cannot the development or production of any missile foreign person in the activities described in sub- be met in a timely manner by improved manu- equipment or technology; and section (a)(1). The President may delay imposi- facturing processes or technological develop- (ii) all activities of that government affecting tion of sanctions for an additional period of up ments. the development or production of aircraft, elec- to 90 days if the President determines and cer- (7) EXCEPTIONS.—The President shall not tronics, and space systems or equipment. apply the sanction under this subsection prohib- (8) OTHERWISE ENGAGED IN THE TRADE OF.— tifies to Congress that government is in the proc- iting the importation of the products of a for- The term ‘‘otherwise engaged in the trade of’’ ess of taking the actions described in the pre- eign person— means, with respect to a particular export or ceding sentence. (A) in the case of procurement of defense arti- transfer, to be a freight forwarder or designated (3) REPORT TO CONGRESS.—The President shall cles or defense services— exporting agent, or a consignee or end user of report to Congress, not later than 90 days after (i) under existing contracts or subcontracts, the item to be exported or transferred. making a determination under subsection (a)(1), including the exercise of options for production SEC. 505. CHEMICAL AND BIOLOGICAL WEAPONS on the status of consultations with the appro- quantities to satisfy requirements essential to PROLIFERATION SANCTIONS. priate government under this subsection, and the national security of the United States; (a) IMPOSITION OF SANCTIONS.— the basis for any determination under para- (ii) if the President determines that the person (1) DETERMINATION BY THE PRESIDENT.—Ex- graph (2) of this subsection that such govern- to which the sanctions would be applied is a cept as provided in subsection (b)(2), the Presi- ment has taken specific corrective actions. sole source supplier of the defense articles and dent shall impose both of the sanctions de- (c) SANCTIONS.— services, that the defense articles or services are scribed in subsection (c) if the President deter- (1) DESCRIPTION OF SANCTIONS.—The sanc- essential to the national security of the United mines that a foreign person, on or after the date tions to be imposed pursuant to subsection (a)(1) States, and that alternative sources are not of enactment of this section, has knowingly and are, except as provided in paragraph (2) of this readily or reasonably available; or materially contributed— subsection, the following: (iii) if the President determines that such arti- (A) through the export from the United States (A) PROCUREMENT SANCTION.—The United cles or services are essential to the national se- of any item that is subject to the jurisdiction of States Government shall not procure, or enter curity of the United States under defense co- the United States under this Act, or into any contract for the procurement of, any production agreements or NATO Programs of (B) through the export from any other coun- goods or services from any person described in Cooperation; try of any item that would be, if it were a subsection (a)(3).

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(B) IMPORT SANCTIONS.—The importation into (2) GENERAL AUTHORITIES.— allowance as paid witnesses in the district the United States of products produced by any (A) EXERCISE OF AUTHORITY.—To the extent courts of the United States. person described in subsection (a)(3) shall be necessary or appropriate to the enforcement of (B) ACTIONS BY OFFICE OF EXPORT ENFORCE- prohibited. this Act, officers and employees of the Depart- MENT AND CUSTOMS SERVICE PERSONNEL.— (2) EXCEPTIONS.—The President shall not be ment designated by the Secretary, officers and (i) OFFICE OF EXPORT ENFORCEMENT AND CUS- required to apply or maintain sanctions under employees of the United States Customs Service TOMS SERVICE PERSONNEL.—Any officer or em- this section— designated by the Commissioner of Customs, and ployee of the Office of Export Enforcement of (A) in the case of procurement of defense arti- officers and employees of any other department the Department of Commerce (in this Act re- cles or defense services— or agency designated by the head of a depart- ferred to as ‘‘OEE’’) who is designated by the (i) under existing contracts or subcontracts, ment or agency exercising functions under this Secretary under paragraph (2), and any officer including the exercise of options for production Act, may exercise the enforcement authority or employee of the United States Customs Serv- quantities to satisfy United States operational under paragraph (3). ice who is designated by the Commissioner of military requirements; (B) CUSTOMS SERVICE.—In carrying out en- Customs under paragraph (2), may do the fol- (ii) if the President determines that the person forcement authority under paragraph (3), the lowing in carrying out the enforcement author- or other entity to which the sanctions would Commissioner of Customs and employees of the ity under this Act: otherwise be applied is a sole source supplier of United States Customs Service designated by the (I) Execute any warrant or other process the defense articles or services, that the defense Commissioner may make investigations within issued by a court or officer of competent juris- articles or services are essential, and that alter- or outside the United States and at ports of diction with respect to the enforcement of this native sources are not readily or reasonably entry into or exit from the United States where Act. available; or officers of the United States Customs Service are (II) Make arrests without warrant for any (iii) if the President determines that such arti- authorized by law to carry out law enforcement violation of this Act committed in his or her cles or services are essential to the national se- responsibilities. Subject to paragraph (3), the presence or view, or if the officer or employee curity under defense coproduction agreements; United States Customs Service is authorized, in has probable cause to believe that the person to (B) to products or services provided under the enforcement of this Act, to search, detain be arrested has committed, is committing, or is contracts entered into before the date on which (after search), and seize items at the ports of about to commit such a violation. the President publishes his intention to impose entry into or exit from the United States where (III) Carry firearms. sanctions; officers of the United States Customs Service are (ii) OEE PERSONNEL.—Any officer or employee (C) to— authorized by law to conduct searches, deten- of the OEE designated by the Secretary under (i) spare parts, tions, and seizures, and at the places outside the paragraph (2) shall exercise the authority set (ii) component parts, but not finished prod- United States where the United States Customs forth in clause (i) pursuant to guidelines ap- ucts, essential to United States products or pro- Service, pursuant to agreement or other ar- proved by the Attorney General. duction, or rangement with other countries, is authorized to (C) OTHER ACTIONS BY CUSTOMS SERVICE PER- (iii) routine servicing and maintenance of perform enforcement activities. SONNEL.—Any officer or employee of the United products, to the extent that alternative sources (C) OTHER EMPLOYEES.—In carrying out en- States Customs Service designated by the Com- are not readily or reasonably available; forcement authority under paragraph (3), the missioner of Customs under paragraph (2) may (D) to information and technology essential to Secretary and officers and employees of the De- do the following in carrying out the enforcement United States products or production; or partment designated by the Secretary may make authority under this Act: (E) to medical or other humanitarian items. investigations within the United States, and (d) TERMINATION OF SANCTIONS.—The sanc- (i) Stop, search, and examine a vehicle, vessel, may conduct, outside the United States, pre-li- aircraft, or person on which or whom the officer tions imposed pursuant to this section shall cense and post-shipment verifications of con- apply for a period of at least 12 months fol- or employee has reasonable cause to suspect trolled items and investigations in the enforce- there is any item that has been, is being, or is lowing the imposition of sanctions and shall ment of section 502. The Secretary and officers cease to apply thereafter only if the President about to be exported from or transited through and employees of the Department designated by the United States in violation of this Act. determines and certifies to the Congress that re- the Secretary are authorized to search, detain liable information indicates that the foreign per- (ii) Detain and search any package or con- (after search), and seize items at places within tainer in which the officer or employee has reason with respect to which the determination was the United States other than ports referred to in made under subsection (a)(1) has ceased to aid sonable cause to suspect there is any item that subparagraph (B). The search, detention (after has been, is being, or is about to be exported or abet any foreign government, project, or enti- search), or seizure of items at the ports and ty in its efforts to acquire chemical or biological from or transited through the United States in places referred to in subparagraph (B) may be violation of this Act. weapons capability as described in that sub- conducted by officers and employees of the De- section. (iii) Detain (after search) or seize any item, partment only with the concurrence of the Com- for purposes of securing for trial or forfeiture to (e) WAIVER.— missioner of Customs or a person designated by (1) CRITERION FOR WAIVER.—The President the United States, on or about such vehicle, ves- the Commissioner. may waive the application of any sanction im- sel, aircraft, or person or in such package or (D) AGREEMENTS AND ARRANGEMENTS.—The container, if the officer or employee has prob- posed on any person pursuant to this section, Secretary and the Commissioner of Customs may after the end of the 12-month period beginning able cause to believe the item has been, is being, enter into agreements and arrangements for the or is about to be exported from or transited on the date on which that sanction was imposed enforcement of this Act, including foreign inves- on that person, if the President determines and through the United States in violation of this tigations and information exchange. Act. certifies to Congress that such waiver is impor- (3) SPECIFIC AUTHORITIES.— (4) OTHER AUTHORITIES NOT AFFECTED.—The tant to the national security interests of the (A) ACTIONS BY ANY DESIGNATED PERSONNEL.— United States. Any officer or employee designated under para- authorities conferred by this section are in addi- (2) NOTIFICATION OF AND REPORT TO CON- graph (2), in carrying out the enforcement au- tion to any authorities conferred under other GRESS.—If the President decides to exercise the thority under this Act, may do the following: laws. waiver authority provided in paragraph (1), the (i) Make investigations of, obtain information (b) FORFEITURE.— President shall so notify the Congress not less from, make inspection of any books, records, or (1) IN GENERAL.—Any tangible items lawfully than 20 days before the waiver takes effect. reports (including any writings required to be seized under subsection (a) by designated offi- Such notification shall include a report fully ar- kept by the Secretary), premises, or property of, cers or employees shall be subject to forfeiture to ticulating the rationale and circumstances and take the sworn testimony of, any person. the United States. which led the President to exercise the waiver (ii) Administer oaths or affirmations, and by (2) APPLICABLE LAWS.—Those provisions of authority. subpoena require any person to appear and tes- law relating to— (f) DEFINITION OF FOREIGN PERSON.—For the tify or to appear and produce books, records, (A) the seizure, summary and judicial for- purposes of this section, the term ‘‘foreign per- and other writings, or both. In the case of con- feiture, and condemnation of property for viola- son’’ means— tumacy by, or refusal to obey a subpoena issued tions of the customs laws; (1) an individual who is not a citizen of the to, any such person, a district court of the (B) the disposition of such property or the United States or an alien admitted for perma- United States, on request of the Attorney Gen- proceeds from the sale thereof; nent residence to the United States; or eral and after notice to any such person and a (C) the remission or mitigation of such forfeit- (2) a corporation, partnership, or other entity hearing, shall have jurisdiction to issue an order ures; and which is created or organized under the laws of requiring such person to appear and give testi- (D) the compromise of claims, a foreign country or which has its principal mony or to appear and produce books, records, shall apply to seizures and forfeitures incurred, place of business outside the United States. and other writings, or both. Any failure to obey or alleged to have been incurred, under the pro- SEC. 506. ENFORCEMENT. such order of the court may be punished by such visions of this subsection, insofar as applicable (a) GENERAL AUTHORITY AND DESIGNATION.— court as a contempt thereof. The attendance of and not inconsistent with this Act. (1) POLICY GUIDANCE ON ENFORCEMENT.—The witnesses and the production of documents pro- (3) FORFEITURES UNDER CUSTOMS LAWS.—Du- Secretary, in consultation with the Secretary of vided for in this clause may be required from ties that are imposed upon a customs officer or the Treasury and the heads of other depart- any State, the District of Columbia, or in any any other person with respect to the seizure and ments and agencies that the Secretary considers territory of the United States at any designated forfeiture of property under the customs laws appropriate, shall be responsible for providing place. Witnesses subpoenaed under this sub- may be performed with respect to seizures and policy guidance on the enforcement of this Act. section shall be paid the same fees and mileage forfeitures of property under this subsection by

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0637 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9031 the Secretary or any officer or employee of the operation with respect to which an action is au- rectly competitive item or class of items to all Department that may be authorized or des- thorized and carried out under this subsection end-users in that country until such post-ship- ignated for that purpose by the Secretary (or by are no longer needed for the conduct of such opment verification is allowed. the Commissioner of Customs or any officer or eration, the proceeds or the balance of the pro- (h) FREIGHT FORWARDERS BEST PRACTICES employee of the United States Customs Service ceeds remaining at the time shall be deposited PROGRAM AUTHORIZATION.—There is authorized designated by the Commissioner), or, upon the into the Treasury of the United States as mis- to be appropriated for the Department of Com- request of the Secretary, by any other agency cellaneous receipts. merce $3,500,000 and such sums as may be nec- that has authority to manage and dispose of (4) AUDIT AND REPORT.— essary to hire 20 additional employees to assist seized property. (A) AUDIT.—The Director of OEE shall con- United States freight forwarders and other in- (c) REFERRAL OF CASES.—All cases involving duct a detailed financial audit of each closed terested parties in developing and implementing, violations of this Act shall be referred to the OEE undercover investigative operation and on a voluntary basis, a ‘‘best practices’’ pro- Secretary for purposes of determining civil pen- shall submit the results of the audit in writing gram to ensure that exports of controlled items alties and administrative sanctions under sec- to the Secretary. Not later than 180 days after are undertaken in compliance with this Act. tion 503 or to the Attorney General for criminal an undercover operation is closed, the Secretary (i) END-USE VERIFICATION AUTHORIZATION.— action in accordance with this Act or to both shall submit to Congress a report on the results (1) IN GENERAL.—There is authorized to be ap- the Secretary and the Attorney General. of the audit. propriated for the Department of Commerce (d) UNDERCOVER INVESTIGATION OPER- (B) REPORT.—The Secretary shall submit an- $4,500,000 and such sums as may be necessary to ATIONS.— nually to Congress a report, which may be in- hire 10 additional overseas investigators to be (1) USE OF FUNDS.—With respect to any un- cluded in the annual report under section 701, posted in the People’s Republic of China, the dercover investigative operation conducted by specifying the following information: Russian Federation, the Hong Kong Special Ad- the OEE that is necessary for the detection and (i) The number of undercover investigative op- ministrative Region, the Republic of India, prosecution of violations of this Act— erations pending as of the end of the period for Singapore, Egypt, and Taiwan, or any other (A) funds made available for export enforce- which such report is submitted. place the Secretary deems appropriate, for the ment under this Act may be used to purchase (ii) The number of undercover investigative purpose of verifying the end use of high-risk, property, buildings, and other facilities, and to operations commenced in the 1-year period pre- dual-use technology. lease equipment, conveyances, and space within ceding the period for which such report is sub- (2) REPORT.—Not later than 2 years after the the United States, without regard to sections mitted. date of enactment of this Act and annually 1341 and 3324 of title 31, United States Code, the (iii) The number of undercover investigative thereafter, the Department shall, in its annual third undesignated paragraph under the head- operations closed in the 1-year period preceding report to Congress on export controls, include a ing of ‘‘miscellaneous’’ of the Act of March 3, the period for which such report is submitted report on the effectiveness of the end-use 1877, (40 U.S.C. 34), sections 3732(a) and 3741 of and, with respect to each such closed under- verification activities authorized under sub- the Revised Statutes of the United States (41 cover operation, the results obtained and any section (a). The report shall include the fol- U.S.C. 11(a) and 22), subsections (a) and (c) of civil claims made with respect to the operation. lowing information: section 304 of the Federal Property and Admin- (5) DEFINITIONS.—For purposes of paragraph (A) The activities of the overseas investigators istrative Services Act of 1949 (41 U.S.C. 254 (a) (4)— of the Department. and (c)), and section 305 of the Federal Property (A) the term ‘‘closed’’, with respect to an un- (B) The types of goods and technologies that and Administrative Services Act of 1949 (41 dercover investigative operation, refers to the were subject to end-use verification. U.S.C. 255); earliest point in time at which all criminal pro- (C) The ability of the Department’s investiga- (B) funds made available for export enforce- ceedings (other than appeals) pursuant to the tors to detect the illegal transfer of high risk, ment under this Act may be used to establish or investigative operation are concluded, or covert dual-use goods and technologies. (3) ENHANCEMENTS.—In addition to the au- to acquire proprietary corporations or business activities pursuant to such operation are con- thorization provided in paragraph (1), there is entities as part of an undercover operation, and cluded, whichever occurs later; and authorized to be appropriated for the Depart- to operate such corporations or business entities (B) the terms ‘‘undercover investigative oper- ment of Commerce $5,000,000 to enhance its pro- on a commercial basis, without regard to sec- ation’’ and ‘‘undercover operation’’ mean any gram for verifying the end use of items subject tions 1341, 3324, and 9102 of title 31, United undercover investigative operation conducted by to controls under this Act. States Code; the OEE— (j) ENHANCED COOPERATION WITH UNITED (C) funds made available for export enforce- (i) in which the gross receipts (excluding in- STATES CUSTOMS SERVICE.—Consistent with the ment under this Act and the proceeds from un- terest earned) exceed $25,000, or expenditures purposes of this Act, the Secretary is authorized dercover operations may be deposited in banks (other than expenditures for salaries of employ- to undertake, in cooperation with the United or other financial institutions without regard to ees) exceed $75,000, and States Customs Service, such measures as may the provisions of section 648 of title 18, United (ii) which is exempt from section 3302 or 9102 be necessary or required to enhance the ability States Code, and section 3302 of title 31, United of title 31, United States Code, except that of the United States to detect unlawful exports States Code; and clauses (i) and (ii) shall not apply with respect and to enforce violations of this Act. (D) the proceeds from undercover operations to the report to Congress required by paragraph (k) REFERENCE TO ENFORCEMENT.—For pur- may be used to offset necessary and reasonable (4)(B). (e) WIRETAPS.— poses of this section, a reference to the enforce- expenses incurred in such operations without (1) AUTHORITY.—Interceptions of communica- ment of this Act or to a violation of this Act in- regard to the provisions of section 3302 of title tions in accordance with section 2516 of title 18, cludes a reference to the enforcement or a viola- 31, United States Code, United States Code, are authorized to further tion of any regulation, license, or order issued if the Director of OEE (or an officer or employee the enforcement of this Act. under this Act. designated by the Director) certifies, in writing, (2) CONFORMING AMENDMENT.—Section 2516(1) (l) AUTHORIZATION FOR EXPORT LICENSING that the action authorized by subparagraph (A), of title 18, United States Code, is amended by AND ENFORCEMENT COMPUTER SYSTEM.—There (B), (C), or (D) for which the funds would be adding at the end the following: is authorized to be appropriated for the Depart- used is necessary for the conduct of the under- ‘‘(q)(i) any violation of, or conspiracy to vio- ment $5,000,000 and such other sums as may be cover operation. late, the Export Administration Act of 2001 or necessary for planning, design, and procure- (2) DISPOSITION OF BUSINESS ENTITIES.—If a the Export Administration Act of 1979.’’. ment of a computer system to replace the De- corporation or business entity established or ac- (f) POST-SHIPMENT VERIFICATION.—The Sec- partment’s primary export licensing and com- quired as part of an undercover operation has a retary shall target post-shipment verifications to puter enforcement system. net value of more than $250,000 and is to be liq- exports involving the greatest risk to national (m) AUTHORIZATION FOR BUREAU OF EXPORT uidated, sold, or otherwise disposed of, the Di- security. ADMINISTRATION.—The Secretary may author- rector of OEE shall report the circumstances to (g) REFUSAL TO ALLOW POST-SHIPMENT ize, without fiscal year limitation, the expendi- the Secretary and the Comptroller General of VERIFICATION.— ture of funds transferred to, paid to, received the United States as much in advance of such (1) IN GENERAL.—If an end-user refuses to by, or made available to the Bureau of Export disposition as the Director of the OEE (or the allow post-shipment verification of a controlled Administration as a reimbursement in accord- Director’s designee) determines is practicable. item, the Secretary shall deny a license for the ance with section 9703 of title 31, United States The proceeds of the liquidation, sale, or other export of any controlled item to such end-user Code (as added by Public Law 102–393). The disposition, after obligations incurred by the until such post-shipment verification occurs. Secretary may also authorize, without fiscal corporation or business enterprise are met, shall (2) RELATED PERSONS.—The Secretary may ex- year limitation, the expenditure of funds trans- be deposited in the Treasury of the United ercise the authority under paragraph (1) with ferred to, paid to, received by, or made available States as miscellaneous receipts. Any property respect to any person related through affili- to the Bureau of Export Administration as a re- or equipment purchased pursuant to paragraph ation, ownership, control, or position of respon- imbursement from the Department of Justice As- (1) may be retained for subsequent use in under- sibility, to any end-user refusing to allow post- sets Forfeiture Fund in accordance with section cover operations under this section. When such shipment verification of a controlled item. 524 of title 28, United States Code. Such funds property or equipment is no longer needed, it (3) REFUSAL BY COUNTRY.—If the country in shall be deposited in an account and shall re- shall be considered surplus and disposed of as which the end-user is located refuses to allow main available until expended. surplus government property. post-shipment verification of a controlled item, (n) AMENDMENTS TO TITLE 31.— (3) DEPOSIT OF PROCEEDS.—As soon as the the Secretary may deny a license for the export (1) Section 9703(a) of title 31, United States proceeds from an OEE undercover investigative of that item or any substantially identical or di- Code (as added by Public Law 102–393) is

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amended by striking ‘‘or the United States Coast (1) ADMINISTRATIVE PROCEDURES.—Any ad- retary shall constitute the administrative record Guard’’ and inserting ‘‘, the United States Coast ministrative sanction imposed under section 503 for purposes of review by the court. Guard, or the Bureau of Export Administration may be imposed only after notice and oppor- (3) COURT APPEALS.—An order of the Sec- of the Department of Commerce’’. tunity for an agency hearing on the record in retary affirming, in whole or in part, the (2) Section 9703(a)(2)(B)(i) of title 31, United accordance with sections 554 through 557 of title issuance or renewal of a temporary denial order States Code is amended (as added by Public 5, United States Code. The imposition of any may, within 15 days after the order is issued, be Law 102–393)— such administrative sanction shall be subject to appealed by a person subject to the order to the (A) by striking ‘‘or’’ at the end of subclause judicial review in accordance with sections 701 United States Court of Appeals for the District (I); through 706 of title 5, United States Code, except of Columbia Circuit, which shall have jurisdic- (B) by inserting ‘‘or’’ at the end of subclause that the review shall be initiated in the United tion of the appeal. The court may review only (II); and States Court of Appeals for the District of Co- those issues necessary to determine whether the (C) by inserting at the end, the following new lumbia Circuit, which shall have jurisdiction of issuance of the temporary denial order was subclause: the review. based on reasonable cause to believe that the ‘‘(III) a violation of the Export Administra- (2) AVAILABILITY OF CHARGING LETTER.—Any person subject to the order was engaged in or tion Act of 1979, the Export Administration Act charging letter or other document initiating ad- was about to engage in any act or practice that of 2001, or any regulation, license, or order ministrative proceedings for the imposition of constitutes or would constitute a violation of issued under those Acts;’’. sanctions for violations of the regulations issued this title, or any regulation, order, or license (3) Section 9703(p)(1) of title 31, United States under section 502 shall be made available for issued under this Act, or whether a criminal in- Code (as added by Public Law 102–393) is public inspection and copying. dictment has been returned against the person amended by adding at the end the following: (c) COLLECTION.—If any person fails to pay a subject to the order alleging a violation of this ‘‘In addition, for purposes of this section, the civil penalty imposed under section 503, the Sec- Act or of any of the statutes listed in section Bureau of Export Administration of the Depart- retary may ask the Attorney General to com- 503. The court shall vacate the Secretary’s order ment of Commerce shall be considered to be a mence a civil action in an appropriate district if the court finds that the Secretary’s order is Department of the Treasury law enforcement or- court of the United States to recover the amount arbitrary, capricious, an abuse of discretion, or ganization.’’. imposed (plus interest at currently prevailing otherwise not in accordance with law. (o) AUTHORIZATION FOR LICENSE REVIEW OF- rates from the date of the final order). No such (e) LIMITATIONS ON REVIEW OF CLASSIFIED IN- FICERS.— action may be commenced more than 5 years FORMATION.—Any classified information that is (1) IN GENERAL.—There is authorized to be ap- after the order imposing the civil penalty be- included in the administrative record that is propriated to the Department of Commerce comes final. In such an action, the validity, subject to review pursuant to subsection (b)(1) $2,000,000 to hire additional license review offi- amount, and appropriateness of such penalty or (d)(3) may be reviewed by the court only on cers. shall not be subject to review. an ex parte basis and in camera. (2) TRAINING.—There is authorized to be ap- (d) IMPOSITION OF TEMPORARY DENIAL OR- TITLE VI—EXPORT CONTROL AUTHORITY propriated to the Department of Commerce DERS.— AND REGULATIONS $2,000,000 to conduct professional training of li- (1) GROUNDS FOR IMPOSITION.—In any case in cense review officers, auditors, and investigators SEC. 601. EXPORT CONTROL AUTHORITY AND which there is reasonable cause to believe that REGULATIONS. conducting post-shipment verification checks. a person is engaged in or is about to engage in These funds shall be used to— (a) EXPORT CONTROL AUTHORITY.— any act or practice which constitutes or would (1) IN GENERAL.—Unless otherwise reserved to (A) train and certify, through a formal pro- constitute a violation of this Act, or any regula- gram, new employees entering these positions the President or a department (other than the tion, order, or license issued under this Act, in- Department) or agency of the United States, all for the first time; and cluding any diversion of goods or technology (B) the ongoing professional training of expe- power, authority, and discretion conferred by from an authorized end use or end user, and in this Act shall be exercised by the Secretary. rienced employees on an as needed basis. any case in which a criminal indictment has (p) AUTHORIZATION.— (2) DELEGATION OF FUNCTIONS OF THE SEC- been returned against a person alleging a viola- (1) IN GENERAL.—There are authorized to be RETARY.—The Secretary may delegate any function of this Act or any of the statutes listed in appropriated to the Department of Commerce to tion under this Act, unless otherwise provided, section 503, the Secretary may, without a hear- carry out the purposes of this Act— to the Under Secretary of Commerce for Export ing, issue an order temporarily denying that (A) $72,000,000 for the fiscal year 2002, of Administration or to any other officer of the De- person’s United States export privileges (here- which no less than $27,701,000 shall be used for partment. after in this subsection referred to as a ‘‘tem- compliance and enforcement activities; (b) UNDER SECRETARY OF COMMERCE; ASSIST- porary denial order’’). A temporary denial order (B) $73,000,000 for the fiscal year 2003, of ANT SECRETARIES.— which no less than $28,312,000 shall be used for shall be effective for such period (not in excess (1) UNDER SECRETARY OF COMMERCE.—There compliance and enforcement activities; of 180 days) as the Secretary specifies in the shall be within the Department an Under Sec- (C) $74,000,000 for the fiscal year 2004, of order, but may be renewed by the Secretary, fol- retary of Commerce for Export Administration which no less than $28,939,000 shall be used for lowing notice and an opportunity for a hearing, (in this section referred to as the ‘‘Under Sec- compliance and enforcement activities; for additional periods of not more than 180 days retary’’) who shall be appointed by the Presi- (D) $76,000,000 for the fiscal year 2005, of each. dent, by and with the advice and consent of the which no less than $29,582,000 shall be used for (2) ADMINISTRATIVE APPEALS.—The person or Senate. The Under Secretary shall carry out all compliance and enforcement activities; and persons subject to the issuance or renewal of a functions of the Secretary under this Act and (E) such additional amounts, for each such temporary denial order may appeal the issuance other provisions of law relating to national se- fiscal year, as may be necessary for increases in or renewal of the temporary denial order, sup- curity, as the Secretary may delegate. salary, pay, retirement, other employee benefits ported by briefs and other material, to an ad- (2) ADDITIONAL ASSISTANT SECRETARIES.—In authorized by law, and other nondiscretionary ministrative law judge who shall, within 15 addition to the number of Assistant Secretaries costs. working days after the appeal is filed, issue a otherwise authorized for the Department of (2) LIMITATION.—The authority granted by decision affirming, modifying, or vacating the Commerce, there shall be within the Department this Act shall terminate on September 30, 2004, temporary denial order. The temporary denial of Commerce the following Assistant Secretaries unless the President carries out the following order shall be affirmed if it is shown that— of Commerce: duties: (A) there is reasonable cause to believe that (A) An Assistant Secretary for Export Admin- (A) Provides to Congress a detailed report the person subject to the order is engaged in or istration who shall be appointed by the Presi- on— is about to engage in any act or practice that dent, by and with the advice and consent of the (i) the implementation and operation of this constitutes or would constitute a violation of Senate, and who shall assist the Secretary and Act; and this Act, or any regulation, order, or license the Under Secretary in carrying out functions (ii) the operation of United States export con- issued under this Act; or relating to export listing and licensing. trols in general. (B) a criminal indictment has been returned (B) An Assistant Secretary for Export En- (B)(i) Provides to Congress legislative reform against the person subject to the order alleging forcement who shall be appointed by the Presi- proposals in connection with the report de- a violation of this Act or any of the statutes list- dent, by and with the advice and consent of the scribed in subparagraph (A); or ed in section 503. Senate, and who shall assist the Secretary and (ii) certifies to Congress that no legislative re- The decision of the administrative law judge the Under Secretary in carrying out functions forms are necessary in connection with such re- shall be final unless, within 10 working days relating to export enforcement. port. after the date of the administrative law judge’s (c) ISSUANCE OF REGULATIONS.— SEC. 507. ADMINISTRATIVE PROCEDURE. decision, an appeal is filed with the Secretary. (1) IN GENERAL.—The President and the Sec- (a) EXEMPTIONS FROM ADMINISTRATIVE PRO- On appeal, the Secretary shall either affirm, retary may issue such regulations as are nec- CEDURE.—Except as provided in this section, the modify, reverse, or vacate the decision of the ad- essary to carry out this Act. Any such regula- functions exercised under this Act are excluded ministrative law judge by written order within tions the purpose of which is to carry out title from the operation of sections 551, 553 through 10 working days after receiving the appeal. The II or title III may be issued only after the regu- 559, and 701 through 706 of title 5, United States written order of the Secretary shall be final and lations are submitted for review to such depart- Code. is not subject to judicial review, except as pro- ments or agencies as the President considers ap- (b) PROCEDURES RELATING TO CIVIL PEN- vided in paragraph (3). The materials submitted propriate. The Secretary shall consult with the ALTIES AND SANCTIONS.— to the administrative law judge and the Sec- appropriate export control advisory committee

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The second sentence quired under this title, shall be made available President and any other changes in the exercise of this subsection does not require the concur- to any committee or subcommittee of Congress of of delegated authority; rence or approval of any official, department, or appropriate jurisdiction upon the request of the (2) a description of the changes to and the agency to which such regulations are submitted. chairman or ranking minority member of such year-end status of country tiering and the Con- (2) AMENDMENTS TO REGULATIONS.—If the Sec- committee or subcommittee. trol List; retary proposes to amend regulations issued (B) PROHIBITION ON FURTHER DISCLOSURE.— (3) a description of the petitions filed and the under this Act, the Secretary shall report to the No committee, subcommittee, or Member of Con- determinations made with respect to foreign Committee on Banking, Housing, and Urban Af- gress shall disclose any information obtained availability and mass-market status, the set- fairs of the Senate and the Committee on Inter- under this Act or any predecessor Act regarding asides of foreign availability and mass-market national Relations of the House of Representa- the control of exports which is submitted on a status determinations, and negotiations to elimi- tives on the intent and rationale of such amend- confidential basis to the Congress under sub- nate foreign availability; ments. Such report shall evaluate the cost and paragraph (A) unless the full committee to (4) a description of any enhanced control im- burden to the United States exporters of the pro- which the information is made available deter- posed on an item pursuant to section 201(d); posed amendments in relation to any enhance- mines that the withholding of the information is (5) a description of the regulations issued ment of licensing objectives. The Secretary shall contrary to the national interest. under this Act; consult with the appropriate export control ad- (3) AVAILABILITY TO THE GAO.— (6) a description of organizational and proce- visory committees appointed under section (A) IN GENERAL.—Notwithstanding subsection dural changes undertaken in furtherance of this 105(a) in amending regulations issued under this (a), information described in paragraph (2) Act; Act. shall, consistent with the protection of intel- (7) a description of the enforcement activities, violations, and sanctions imposed under this SEC. 602. CONFIDENTIALITY OF INFORMATION. ligence, counterintelligence, and law enforcement sources, methods, and activities, as deter- Act; (a) EXEMPTIONS FROM DISCLOSURE.— mined by the agency that originally obtained (8) a statistical summary of all applications (1) INFORMATION OBTAINED ON OR BEFORE the information, and consistent with the provi- and notifications, including— JUNE 30, 1980.—Except as otherwise provided by (A) the number of applications and notifica- the third sentence of section 502(c)(2) and by sions of section 716 of title 31, United States Code, be made available only by the agency, tions pending review at the beginning of the fis- section 507(b)(2), information obtained under cal year; the Export Administration Act of 1979, or any upon request, to the Comptroller General of the United States or to any officer or employee of (B) the number of notifications returned and predecessor statute, on or before June 30, 1980, subject to full license procedure; which is deemed confidential, including Ship- the General Accounting Office authorized by the Comptroller General to have access to such (C) the number of notifications with no action per’s Export Declarations, or with respect to required; which a request for confidential treatment is information. (B) PROHIBITION ON FURTHER DISCLOSURES.— (D) the number of applications that were ap- made by the person furnishing such informa- No officer or employee of the General Account- proved, denied, or withdrawn, and the number tion, shall not be subject to disclosure under sec- ing Office shall disclose, except to Congress in of applications where final action was taken; tion 552 of title 5, United States Code, and such accordance with this paragraph, any such in- and information shall not be published or disclosed, formation which is submitted on a confidential (E) the number of applications and notifica- unless the Secretary determines that the with- basis and from which any individual can be tions pending review at the end of the fiscal holding thereof is contrary to the national inter- identified. year; est. (c) INFORMATION EXCHANGE.—Notwith- (9) summary of export license data by export NFORMATION OBTAINED AFTER JUNE 30, (2) I standing subsection (a), the Secretary and the identification code and dollar value by country; 1980.—Except as otherwise provided by the third Commissioner of Customs shall exchange licens- (10) an identification of processing time by— sentence of section 502(c)(2) and by section (A) overall average, and ing and enforcement information with each 507(b)(2), information obtained under this Act, (B) top 25 export identification codes; other as necessary to facilitate enforcement ef- under the Export Administration Act of 1979 (11) an assessment of the effectiveness of mul- forts and effective license decisions. tilateral regimes, and a description of negotia- after June 30, 1980, or under the Export Admin- (d) PENALTIES FOR DISCLOSURE OF CONFIDEN- istration regulations as maintained and amend- tions regarding export controls; TIAL INFORMATION.— (12) a description of the significant differences ed under the authority of the International (1) DISCLOSURE PROHIBITED.—No officer or between the export control requirements of the Emergency Economic Powers Act (50 U.S.C. employee of the United States, or any depart- United States and those of other multilateral 1706), may be withheld from disclosure only to ment or agency thereof, may publish, divulge, control regime members, and the specific dif- the extent permitted by statute, except that in- disclose, or make known in any manner or to ferences between United States requirements formation submitted, obtained, or considered in any extent not authorized by law any informa- and those of other significant supplier coun- connection with an application for an export li- tion that— cense or other export authorization (or record- (A) the officer or employee obtains in the tries; (13) an assessment of the costs of export con- keeping or reporting requirement) under the Ex- course of his or her employment or official du- trols; port Administration Act of 1979, under this Act, ties or by reason of any examination or inves- (14) a description of the progress made toward or under the Export Administration regulations tigation made by, or report or record made to or achieving the goals established for the Depart- as maintained and amended under the authority filed with, such department or agency, or officer ment dealing with export controls under the of the International Emergency Economic Pow- or employee thereof; and Government Performance Results Act; and ers Act (50 U.S.C. 1706), including— (B) is exempt from disclosure under this sec- (15) any other reports required by this Act to (A) the export license or other export author- tion. be submitted to the Committee on Banking, ization itself, (2) CRIMINAL PENALTIES.—Any such officer or (B) classification requests described in section employee who knowingly violates paragraph (1) Housing, and Urban Affairs of the Senate and 401(h), shall be fined not more than $50,000, imprisoned the Committee on International Relations of the (C) information or evidence obtained in the not more than 1 year, or both, for each violation House of Representatives. (c) FEDERAL REGISTER PUBLICATION REQUIRE- course of any investigation, of paragraph (1). Any such officer or employee MENTS.—Whenever information under this Act is (D) information obtained or furnished under may also be removed from office or employment. required to be published in the Federal Register, title V in connection with any international (3) CIVIL PENALTIES; ADMINISTRATIVE SANC- such information shall, in addition, be posted agreement, treaty, or other obligation, and TIONS.—The Secretary may impose a civil pen- on the Department of Commerce or other appro- (E) information obtained in making the deter- alty of not more than $5,000 for each violation priate government website. minations set forth in section 211 of this Act, of paragraph (1). Any officer or employee who SEC. 702. TECHNICAL AND CONFORMING AMEND- and information obtained in any investigation commits such violation may also be removed from office or employment for the violation of MENTS. of an alleged violation of section 502 of this Act (a) REPEAL.—The Export Administration Act except for information required to be disclosed paragraph (1). Sections 503 (e), (g), (h), and (i) and 507 (a), (b), and (c) shall apply to violations of 1979 (50 U.S.C. App. 2401 et seq.) is repealed. by section 502(c)(2) or 507(b)(2) of this Act, shall (b) ENERGY POLICY AND CONSERVATION ACT.— described in this paragraph. be withheld from public disclosure and shall not (1) Section 103 of the Energy Policy and Con- be subject to disclosure under section 552 of title TITLE VII—MISCELLANEOUS PROVISIONS servation Act (42 U.S.C. 6212) is repealed. 5, United States Code, unless the release of such SEC. 701. ANNUAL REPORT. (2) Section 251(d) of the Energy Policy and information is determined by the Secretary to be (a) ANNUAL REPORT.—Not later than Feb- Conservation Act (42 U.S.C. 6271(d)) is repealed. in the national interest. ruary 1 of each year, the Secretary shall submit (c) ALASKA NATURAL GAS TRANSPORTATION (b) INFORMATION TO CONGRESS AND GAO.— to Congress a report on the administration of ACT.—Section 12 of the Alaska Natural Gas (1) IN GENERAL.—Nothing in this title shall be this Act during the fiscal year ending September Transportation Act of 1976 (15 U.S.C. 719j) is re- construed as authorizing the withholding of in- 30 of the preceding calendar year. All Federal pealed. formation from Congress or from the General agencies shall cooperate fully with the Secretary (d) MINERAL LEASING ACT.—Section 28(u) of Accounting Office. in providing information for each such report. the Mineral Leasing Act (30 U.S.C. 185(u)) is re- (2) AVAILABILITY TO THE CONGRESS— (b) REPORT ELEMENTS.—Each such report pealed. (A) IN GENERAL.—Any information obtained at shall include in detail— (e) EXPORTS OF ALASKAN NORTH SLOPE OIL.— any time under this title or under any prede- (1) a description of the implementation of the Section 28(s) of the Mineral Leasing Act (30 cessor Act regarding the control of exports, in- export control policies established by this Act, U.S.C. 185(s)) is repealed.

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(f) DISPOSITION OF CERTAIN NAVAL PETRO- controls promote the nonproliferation or (1) EXPORT ADMINISTRATION ACT.—This Act LEUM RESERVE PRODUCTS.—Section 7430(e) of antiterrorism policies of the United States’’ and shall not affect any administrative or judicial title 10, United States Code, is repealed. inserting ‘‘the Export Administration Act of proceedings commenced or any application for a (g) OUTER CONTINENTAL SHELF LANDS ACT.— 2001’’. license made, under the Export Administration Section 28 of the Outer Continental Shelf Lands (8) Section 1605(a)(7)(A) of title 28, United Act of 1979 or pursuant to Executive Order Act (43 U.S.C. 1354) is repealed. States Code, is amended by striking ‘‘section 6(j) 12924, which is pending at the time this Act (h) ARMS EXPORT CONTROL ACT.— of the Export Administration Act of 1979 (50 takes effect. Any such proceedings, and any ac- (1) Section 38 of the Arms Export Control Act U.S.C. App. 2405(j))’’ and inserting ‘‘section 310 tion on such application, shall continue under (22 U.S.C. 2778) is amended— of the Export Administration Act of 2001’’. the Export Administration Act of 1979 as if that (A) in subsection (e)— (9) Section 2332d(a) of title 18, United States Act had not been repealed. (i) in the first sentence, by striking ‘‘sub- Code, is amended by striking ‘‘section 6(j) of the (2) OTHER PROVISIONS OF LAW.—This Act shall sections (c)’’ and all that follows through ‘‘12 of Export Administration Act of 1979 (50 U.S.C. not affect any administrative or judicial pro- such Act,’’ and inserting ‘‘subsections (b), (c), App. 2405)’’ and inserting ‘‘section 310 of the ceeding commenced or any application for a li- (d) and (e) of section 503 of the Export Adminis- Export Administration Act of 2001’’. cense made, under those provisions of the Arms tration Act of 2001, by subsections (a) and (b) of (10) Section 620H(a)(1) of the Foreign Assist- Export Control Act which are amended by sec- section 506 of such Act, and by section 602 of ance Act of 1961 (22 U.S.C. 2378(a)(1)) is amend- tion 702, if such proceeding or application is such Act,’’; and ed by striking ‘‘section 6(j) of the Export Admin- pending at the time this Act takes effect. Any (ii) in the third sentence, by striking ‘‘11(c) of istration Act of 1979 (50 U.S.C. App. 2405(j))’’ such proceeding, and any action on such appli- the Export Administration Act of 1979’’ and in- and inserting ‘‘section 310 of the Export Admin- cation, shall continue under those provisions as serting ‘‘503(c) of the Export Administration Act istration Act of 2001’’. if those provisions had not been amended by of 2001’’; and (11) Section 1621(a) of the International Fi- section 702. (B) in subsection (g)(1)(A)(ii), by inserting ‘‘or nancial Institutions Act (22 U.S.C. 262p–4q(a)) is (c) TREATMENT OF CERTAIN DETERMINA- section 503 of the Export Administration Act of amended by striking ‘‘section 6(j) of the Export TIONS.—Any determination with respect to the 2001’’ after ‘‘1979’’. Administration Act of 1979 (50 U.S.C. App. government of a foreign country under section (2) Section 39A(c) of the Arms Export Control 2405(j))’’ and inserting ‘‘section 310 of the Ex- 6(j) of the Export Administration Act of 1979, or Act (22 U.S.C. 2779a(c)) is amended— port Administration Act of 2001’’. Executive Order 12924, that is in effect on the (A) by striking ‘‘subsections (c),’’ and all that (12) Section 1956(c)(7)(D) of title 18, United day before the date of enactment of this Act, follows through ‘‘12(a) of such Act’’ and insert- States Code, is amended by striking ‘‘section 11 shall, for purposes of this title or any other pro- ing ‘‘subsections (c), (d), and (e) of section 503, (relating to violations) of the Export Adminis- vision of law, be deemed to be made under sec- section 507(c), and subsections (a) and (b) of tration of 1979’’ and inserting ‘‘section 503 (re- tion 310 of this Act until superseded by a deter- section 506, of the Export Administration Act of lating to penalties) of the Export Administration mination under such section 310. 2001’’; and Act of 2001’’. (d) LAWFUL INTELLIGENCE ACTIVITIES.—The (B) by striking ‘‘11(c)’’ and inserting ‘‘503(c)’’. (13) Subsection (f) of section 491 and section prohibitions otherwise applicable under this Act (3) Section 40(k) of the Arms Export Control 499 of the Forest Resources Conservation and do not apply with respect to any transaction Act (22 U.S.C. 2780(k)) is amended— Shortage Relief Act of 1990 (16 U.S.C. 620c(f) subject to the reporting requirements of title V (A) by striking ‘‘11(c), 11(e), 11(g), and 12(a) and 620j) are repealed. of the National Security Act of 1947. Notwith- of the Export Administration Act of 1979’’ and (14) Section 904(2)(B) of the Trade Sanctions standing any other provision of this Act, noth- inserting ‘‘503(b), 503(c), 503(e), 506(a), and Reform and Export Enhancement Act of 2000 is ing shall affect the responsibilities and authori- 506(b) of the Export Administration Act of amended by striking ‘‘Export Administration ties of the Director of Central Intelligence under 2001’’; and Act of 1979’’ and inserting ‘‘Export Administra- section 103 of the National Security Act of 1947. (e) IMPLEMENTATION.—The Secretary shall (B) by striking ‘‘11(c)’’ and inserting ‘‘503(c)’’. tion Act of 2001’’. make any revisions to the Export Administration (i) OTHER PROVISIONS OF LAW.— (15) Section 983(i)(2) of title 18, United States regulations required by this Act no later than (1) Section 5(b)(4) of the Trading with the Code (as added by Public Law 106–185), is 180 days after the date of enactment of this Act. Enemy Act (50 U.S.C. App. 5(b)(4)) is amended amended— by striking ‘‘section 5 of the Export Administra- (A) by striking the ‘‘or’’ at the end of sub- Mr. SARBANES. Mr. President, I rise tion Act of 1979, or under section 6 of that Act paragraph (D); in very strong support of S. 149, the Ex- to the extent that such controls promote the (B) by striking the period at the end of sub- port Administration Act of 2001. nonproliferation or antiterrorism policies of the paragraph (E) and inserting ‘‘; or’’; and Earlier this year, I was pleased to United States’’ and inserting ‘‘titles II and III (C) by inserting the following new subpara- join with my colleagues, Senator ENZI, of the Export Administration Act of 2001’’. graph: (2) Section 502B(a)(2) of the Foreign Assist- Senator JOHNSON, and Senator GRAMM, ‘‘(F) the Export Administration Act of 2001.’’. in introducing this legislation. ance Act of 1961 (22 U.S.C. 2304(a)(2)) is amend- (j) CIVIL AIRCRAFT EQUIPMENT.—Notwith- ed in the second sentence— This legislation was reported out of standing any other provision of law, any prod- the Senate Banking, Housing, and (A) by striking ‘‘Export Administration Act of uct that— 1979’’ the first place it appears and inserting (1) is standard equipment, certified by the Urban Affairs Committee by a vote of ‘‘Export Administration Act of 2001’’; and Federal Aviation Administration, in civil air- 19–1. It was a bipartisan vote, obvi- (B) by striking ‘‘Act of 1979)’’ and inserting craft, and ously, of 19–1. The legislation has been ‘‘Act of 2001)’’. (2) is an integral part of such aircraft, shall very strongly endorsed by the adminis- (3) Section 140(a) of the Foreign Relations Au- be subject to export control only under this Act. tration. That was in early April of this thorization Act, Fiscal Years 1988 and 1989 (22 Such product shall not be subject to controls U.S.C. 2656f(a)) is amended— year. The Export Administration Act under section 38(b)(2) of the Arms Export Con- provides for the President to control (A) in paragraph (1)(B), by inserting ‘‘or sec- trol Act (22 U.S.C. 2778(b)). tion 310 of the Export Administration Act of exports for reasons of national security (k) REPEAL OF CERTAIN EXPORT CONTROLS.— and foreign policy. 2001’’ after ‘‘Act of 1979’’; and Subtitle B of title XII of division A of the Na- (B) in paragraph (2), by inserting ‘‘or 310 of Let me begin by saying I believe tional Defense Authorization Act for Fiscal the Export Administration Act of 2001’’ after Year 1998 (50 U.S.C. App. 2404 note) is repealed. there is a very strong national interest ‘‘6(j) of the Export Administration Act of 1979’’. in reauthorizing the Export Adminis- SEC. 703. SAVINGS PROVISIONS. (4) Section 40(e)(1) of the State Department tration Act. I think that is a view held (a) IN GENERAL.—All delegations, rules, regu- Basic Authorities Act of 1956 (22 U.S.C. by a clear majority of the Congress. 2712(e)(1)) is amended by striking ‘‘section lations, orders, determinations, licenses, or other forms of administrative action which have been It is important to understand a bit 6(j)(1) of the Export Administration Act of 1979’’ about the historical situation as we and inserting ‘‘section 310 of the Export Admin- made, issued, conducted, or allowed to become istration Act of 2001’’. effective under— consider this legislation. Regrettably, (5) Section 205(d)(4)(B) of the State Depart- (1) the Export Control Act of 1949, the Export the Export Administration Act has not ment Basic Authorities Act of 1956 (22 U.S.C. Administration Act of 1969, the Export Adminis- been reauthorized since 1990, except for 305(d)(4)(B)) is amended by striking ‘‘section 6(j) tration Act of 1979, or the International Emer- three temporary extensions in 1993, in of the Export Administration Act of 1979’’ and gency Economic Powers Act when invoked to 1994, and again last year. At the end of inserting ‘‘section 310 of the Export Administra- maintain and continue the Export Administra- the last Congress, we passed a tem- tion Act of 2001’’. tion regulations, or porary extension of the Export Admin- (6) Section 110 of the International Security (2) those provisions of the Arms Export Con- trol Act which are amended by section 702, istration Act that expired on August 20 and Development Cooperation Act of 1980 (22 of this year, just a few weeks ago. U.S.C. 2778a) is amended by striking ‘‘Act of and are in effect on the date of enactment of Prior to this most recent temporary 1979’’ and inserting ‘‘Act of 2001’’. this Act, shall continue in effect according to (7) Section 203(b)(3) of the International their terms until modified, superseded, set aside, extension and since the EAA expired on Emergency Economic Powers Act (50 U.S.C. or revoked under this Act or the Arms Export August 20, the authority of the Presi- 1702(b)(3)) is amended by striking ‘‘section 5 of Control Act. dent to impose export controls has the Export Administration Act of 1979, or under (b) ADMINISTRATIVE AND JUDICIAL PRO- been exercised pursuant to the Inter- section 6 of such Act to the extent that such CEEDINGS.— national Economic Emergency Powers

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9035 Act, the so-called IEEPA. This is gen- Prior to the markup of the legisla- Management and Budget with respect erally how we have been functioning tion in the Banking Committee earlier to S. 149 be printed in the RECORD. throughout this decade with respect to this year, Dr. Rice, the Assistant to the There being no objection, the mate- export controls. President for National Security Af- rial was ordered to be printed in the I believe strongly that Congress fairs, sent a letter to the committee RECORD, as follows: should put in place a permanent statu- dated March 21 of this year, which I OFFICE OF MANAGEMENT AND BUDGET, tory framework for the imposition of quote: Washington, DC, April 26, 2001. export controls. They should not be im- The Administration has carefully reviewed STATEMENT OF ADMINISTRATION POLICY posed pursuant to an emergency eco- the current version of S. 149, the Export Ad- S. 149—EXPORT ADMINISTRATION ACT OF 2001 nomic authority of the President. It ministration Act of 2001, which provides au- The Administration supports S. 149, as re- can be done that way. It has been done thority for controlling exports of dual-use ported by the Senate Banking Committee. that way. That is the currently exist- goods and technologies. As a result of its re- The bill provides authority for controlling ing situation. But I don’t think that is view, the Administration has proposed a exports of dual-use goods and technologies. the most desirable way to proceed. It number of changes to S. 149. The Secretary The Administration believes that S. 149 of State, Secretary of Defense, Secretary of would allow the United States to success- doesn’t give you the most substantial Commerce, and I agree that these changes statutory framework, obviously. It fully meet its national security and foreign will strengthen the President’s national se- policy objectives without impairing the abil- doesn’t introduce an element of sta- curity and foreign policy authorities to con- ity of U.S. companies to compete effectively bility and permanency into the ar- trol dual-use exports in a balanced manner, in the global marketplace. As reported, S. rangements. In fact, I believe strongly which will permit U.S. companies to com- 149 includes a number of changes that the that this legislation provides greater pete more effectively in the global market Administration sought to strengthen the protection for national security and place. With these changes, S. 149 represents a President’s national security and foreign foreign policy concerns than is pro- positive step towards the reform of the U.S. policy authorities to control duel-use ex- export control system supported by the ports. The Administration will continue to vided under IEEPA or provided under President. If the Committee incorporates the previous Export Administration work with Congress to ensure that our na- these changes into S. 149, the Administration tional security needs are incorporated into a Act. will support the bill. rational export control system. Just one example: The penalties that Mr. President, a major effort was Pay-As-You-Go Scoring can be imposed under IEEPA for viola- made to work through the list of pro- S. 149 would affect receipts and direct tion of export controls are signifi- posals by the administration. That re- spending; therefore, it is subject to the pay- cantly less than the penalties that are sulted in those proposals being incor- as-you-go (PAYGO) requirement of the Om- provided for in the legislation that is porated into the bill during the Bank- nibus Budget Reconciliation Act (OBRA) of before us. Let me repeat that. ing Committee’s markup. As a con- 1990. OMB’s preliminary scoring estimates is Under the current arrangement in that the PAYGO effect of this bill is mini- sequence, in effect we met the standard which the export control regime has mal. Final scoring of this legislation may de- that the administration set for us. been put in place by the President’s in- viate from this estimate. They were incorporated in the markup. voking of his economic emergency Mr. SARBANES. Mr. President, I The administration is supportive of powers, the penalties for violation are commend Senator GRAMM, who was ac- this bill. It has expressed that support substantially less than the penalties tually chairman of the committee at on more than one occasion. They have which we provide in this legislation. the time that we brought the legisla- been in constant communication with This legislation is a carefully balanced tion forward. And I commend Senator us about this matter. We are obviously effort to provide the President author- ENZI and Senator JOHNSON. Senator proceeding not only in accordance with ity to control exports for reasons of na- ENZI and Senator JOHNSON, respec- our own judgment, but it also rep- tional security and foreign policy while tively, were the chairman and ranking resents the judgment of the adminis- also responding to the need of U.S. ex- member of the Subcommittee on Inter- tration as well. In fact, in late March porters to compete in the global mar- national Trade and Finance of the President Bush, in speaking to high- ketplace. Banking Committee in the last Con- tech leaders in the White House, urged I point out that effective competition gress. They carried forward their quick passage of the bill by the Senate. by U.S. exporters in the global market- strong interest in this legislation in He reiterated that support in May in a place, which will strengthen their eco- this Congress and have played an in- speech he gave in Washington. nomic position—that is, the economic strumental role in helping to shape the In April, the Office of Management position of U.S. exporters—and thereby legislation. I thank them for their very and Budget submitted to the Congress strengthen the economic position of dedicated efforts, and the efforts of a statement of administration policy the United States in the global mar- their staff which contributed so much on S. 149, which said in part: ketplace, also has important national to developing a bipartisan consensus on security and foreign policy implica- The Administration supports S. 149, as re- this legislation. tions for the United States. In the end, ported by the Senate Banking Committee. Also, I acknowledge the significant The bill provides authority for controlling our national security and foreign pol- exports of dual-use goods and technologies. contributions made by Senator BAYH icy strength rests in part on our eco- The Administration believes that S. 149 and by Senator HAGEL, who are the nomic strength. I think we need to would allow the United States to success- chairman and ranking member of the keep that in mind as we consider this fully meet its national security and foreign International Trade and Finance Sub- legislation. policy objectives without impairing the abil- committee in this Congress, for their In preparation for acting on this leg- ity of U.S. companies to compete effectively contributions in moving the legislation islation, the Banking Committee this in the global marketplace. forward this year. year held two hearings with represent- As reported, S. 149 includes a number The legislation generally tracks the atives of industry groups and former of changes that the administration authorities provided the President Defense Department officials. sought to strengthen the President’s under the Export Administration Act I might note that the committee held national security and foreign policy which expired in 1990. However, a sig- extensive hearings in the prior Con- authorities to control dual-use exports. nificant effort was made, with the as- gress with respect to this issue. So Let me underscore: changes they sistance of the legislative counsel’s of- there has been a continual period now, sought to strengthen the President’s fice, to provide these authorities in a over a number of years, of very careful national security and foreign policy more clear and straightforward man- examination of export controls and authorities to control dual-use exports. ner. We believe this will make the stat- how to address this matter. Extensive The Administration will continue to work ute both easier for the executive consultation took place with represent- with Congress to ensure that our national se- branch agencies to administer and for atives of the new administration, in- curity needs are incorporated into a rational exporters to comply with. cluding the Commerce Department, the export control system. The bill also makes a number of sig- Defense Department, the State Depart- Mr. President, I ask unanimous con- nificant improvements to the EAA. I ment, the intelligence agencies, and sent that the Statement of Administra- would like to mention a few. The legis- the National Security Council. tion Policy submitted by the Office of lation provides, for the first time, a

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9036 CONGRESSIONAL RECORD — SENATE September 4, 2001 statutory basis for the resolution of wards to try to accommodate concerns mation, we support swift enactment of S. interagency disputes over export li- in shaping this legislation—the bill 149. cense applications. The intent is to contains a provision that would require Mr. President, I ask unanimous con- provide an orderly process for the time- the President to establish a system of sent to print the full text of the letter ly resolution of disputes while allowing tiers to which countries would be as- in the RECORD. all interested agencies a full oppor- signed based on their perceived threat There being no objection, the letter tunity to express their views. This was to U.S. national security. The legisla- was ordered to be printed in the an issue of significant concern to the tion requires that there be at least RECORD, as follows: administration, to the national secu- three such tiers. The intent is to pro- THE WHITE HOUSE, rity community, and to industry. And I vide exporters a clear guide as to the Washington, August 2, 2001. believe we have reached a reasonable licensing requirements of the export of Hon. PAUL SARBANES, resolution of this issue in the bill. a particular item to a particular coun- Chairman, Committee on Banking, Housing, One of the things that industry was and Urban Affairs, U.S. Senate, Wash- try. ington, DC. seeking was a process whereby they The bill would also require that any DEAR MR. CHAIRMAN: Thank you for your would get an ultimate decision. This foreign company that declined a U.S. efforts to advance the Senate’s consideration bill sets out a process of interagency request for a postshipment verification of S. 149, the Export Administration Act of consultation that provides for moving of an export would be denied licenses 2001. This bill has the Administration’s it up to the next level, if there is not for future exports. The President would strong support. agreement, so that it keeps moving have authority to deny licenses to af- I am pleased that the Senate plans to take forth. In the end, it can reach the up S. 149 on September 4, 2001. Because the filiates of the company and to the current Export Administration Act (EAA) President for decision. But at least it country in which the company is lo- will expire on August 20, 2001, the President works within a framework in which the cated as well. is prepared to use the authorities provided to industry knows that at the end they Overall, I believe this bill is a very him under the International Emergency Eco- will get a decision; it will not simply balanced piece of work. As I mentioned nomic Powers Act (IEEPA) to extend the ex- disappear into the great void with no at the outset, it commanded over- isting dual-use export control program. As decision of any sort forthcoming. whelming bipartisan support in the you know, IEEPA authority has previously We think this is a very reasonable committee. It has the strong support of been used to administer our export control way to structure the situation. I sim- programs. Since a new EAA will provide us the administration. It is my belief it the strongest authority to administer dual- ply note that it is still reserved to the will receive broad bipartisan support in use export controls, particularly as related President, in the end, the ultimate au- the full Senate. to enforcement, penalties for export control thority to rule on the matter with re- In criticizing this bill when it was violations, and the protection of business spect to export controls. brought up in this Chamber in April— proprietary information, we support swift As I mentioned earlier, the bill sig- it was up for 1 day; we had 1 day of de- enactment of S. 149. nificantly increases both criminal and bate on the legislation—some of my I look forward to continuing to work with civil penalties for violations of the Ex- you on these important national security colleagues registered objections. They issues. port Administration Act, reflecting the thought that the bill tipped the bal- seriousness of such violations. Sincerely, ance towards meeting commercial CONDOLEEZZA RICE, The bill provides new authority to needs versus national security needs, Assistant to the President the President to determine that a good that it placed an emphasis on export for National Security Affairs. has mass market status in the United decontrol without an adequate assess- Mr. SARBANES. Aside from the issue States. And because it has mass mar- ment of the national security implica- that the Export Administration Act is ket status—in other words, there is a tions of that decontrol. Others said better than IEEPA, which I think is set of criteria, but essentially gen- that the bill’s restriction on Presi- clear, let me address the assertions erally available in the marketplace—it dential authorities to regulate national that S. 149 would weaken the national should be controlled. But the President security-related exports, the liberaliza- security protections in the previous retains authority to set aside a mass tion of exports of all goods, poses a Export Administration Act. market determination if he determines problem and needs to be resolved. And I believe quite strongly that just the that it would constitute a serious we had other comments in that vein. opposite is the case, as witnessed by threat to national security and that I want to take a moment to respond the support the administration and the continued export controls would be to these assertions because I respect- national security community have ex- likely to advance the national security fully disagree with them. First of all, it tended to this legislation. We have al- interests of the United States. is very important to note that the already talked about the increased civil We have tried to recognize changes ternative to reauthorizing the Export and criminal penalties for violations of that are taking place in the market- Administration Act is the Inter- the EAA. The penalties are stronger in place, to factor them into the thinking, national Emergency Economic Powers this legislation, not only with respect but even so in the last analysis reserv- Act. to the existing ones in IEEPA but also ing to the President the authority to As we indicated earlier, that is really with respect to the penalties in the set aside a mass market determination. not a satisfactory framework under previously existing Export Administra- I think this is, again, another example which to operate. tion Act. of the concern of those of us who have This was made clear in letters that Let me mention some other provi- helped to shape this legislation to Dr. Rice, Assistant to the President for sions that significantly expand the make sure that we are able to protect National Security Affairs, sent to Sen- President’s authority to impose export national security and foreign policy in- ator GRAMM and myself on August 2. In controls on dual-use goods and tech- terests. We are trying to, in effect, ac- the course of that letter she stated: nology in regard to the EAA. commodate the market changes and I am pleased that the Senate plans to take Section 201(c) of this legislation the needs of our exporters in terms of up S. 149. Because the current Export Admin- states: participating effectively and competi- istration Act (EAA) will expire on August 20, Notwithstanding any other provision of tively in the global marketplace but, 2001, the President is prepared to use the au- this title, controls may be imposed, based on at the same time, making sure the thorities provided to him under the Inter- the end use or end user, on the export of any President retains the power and the au- national Emergency Economic Powers Act item, that could contribute to the prolifera- thority that might be necessary, under (IEEPA) to extend the existing dual-use ex- tion of weapons of mass destruction or the certain circumstances, to protect our port control programs. As you know, IEEPA means to deliver them. national security interests and our for- authority has previously been used to admin- This authority did not exist in the ister our export control programs. Since a EAA. It is the so-called enhanced pro- eign policy interests. new EAA will provide us the strongest au- At the urging of Senator ENZI, who thority to administer dual-use export con- liferation control initiative which has been a very thoughtful and dedi- trols, particularly as related to enforcement, until now has been implemented cated exponent of this legislation—and penalties for export control violations, and through an executive order. This provi- in my perception has bent over back- the protection of business proprietary infor- sion would give the President broad

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9037 statutory authority to impose controls use items useful for conventional arms rules of the game are. I think it en- on any export that could contribute to purposes; the nuclear suppliers group; courages compliance; it draws, in a proliferation or delivery of weapons of the missile technology control regime; sense, on the business community to mass destruction, if there was a con- and the Australia group, which relates help implement this matter. So I think cern about the end use or the end user to items useful for chemical and bio- that also represents an important step. of the export. logical weapons. These four regimes Let me draw to a conclusion by once Section 201(d) of this legislation, the form the multilateral basis for export again saying this is a balanced effort to so-called enhanced controls provision, controls, and they are obviously an im- address a complex area of national se- provides: portant element for effective non- curity concerns that also impact U.S. Notwithstanding any other provision of proliferation. trade interests. We received just this this title, the President may determine that One of our objectives here, of course, morning a letter sent to Senator applying the provisions of section 204 or 211 is to work closely with others in fur- DASCHLE, the majority leader of the with respect to an item on the National Se- ther developing multilateral coopera- Senate, signed by Secretary of State curity Control List would constitute a sig- tion and strengthening the contribu- Powell, Secretary of Defense Rumsfeld, nificant threat to the national security of tion of these regimes to the non- and Secretary of Commerce Evans. Mr. the United States and that such item re- President, I think this letter is of suffi- quires enhanced control. proliferation objectives. Let me point out, we are constantly cient import that I am going ask unan- It goes on to say: encouraging other countries to put in imous consent it be printed in the If the President determines that enhanced RECORD. control should apply to such item, the item place a thoroughly considered, rational export control regime. We go to other There being no objection, the letter may be excluded from the provisions of sec- was ordered to be printed in the tion 204, section 211, or both, until such time countries and say: We need you to put RECORD, as follows: as the President shall determine that such this in place. We want you to join the enhanced control should no longer apply to multilateral regimes, and we want you SEPTEMBER 4, 2001. such item. to establish your own bilateral control Hon. THOMAS A. DASCHLE, Majority Leader, U.S. Senate, Section 204 is a section on containing systems so we can get a handle on this Washington, DC. parts and components that says you problem worldwide. I am very sup- DEAR SENATOR DASCHLE: We would like to can’t put on controls if the parts and portive of those efforts. bring to your attention proposed legislation components are less than 25 percent of What position does it put our inter- that will be before you shortly for consider- the total value of the export. But the locutors and our negotiators in when ation: S. 149, the Export Administration Act President will be given the power, in they go to these countries and then of 2001. This bill addresses the subject of ex- they say, ‘‘You don’t seem to have es- port controls, which is very important to the effect, to ignore that restriction and President. He spoke definitively about re- impose the controls. Under the pre- tablished your own regimes’’? What is forming our export control policies and proc- vious EAA, the President did not have the U.S. regime? ess during his campaign. the authority to set aside the parts and It is another argument for putting Earlier this year, our agencies conducted components or the foreign availability this legislation into place so that the an intensive review of S. 149, as proposed by provisions, which is what 211 requires U.S. has a fully developed, rational, Senators Gramm, Enzi, Sarbanes, and John- refers to. So this represents a very sig- comprehensive framework dealing with son. As a result of the review, we rec- export controls, and then we, in a ommended that the Senate Banking Com- nificant expansion of the President’s mittee make a number of changes to the bill export control authority. sense, try to pull other countries to- to strengthen the President’s ability to con- We have had a lot of discussions wards it or in that direction in order to trol sensitive dual-use goods and technology. about foreign availability, mass mar- enhance the multilateral controls that The Committee made the requested changes. ket provisions and the President’s exist worldwide. Accordingly, we strongly support the bill standards to set aside this authority. It Now one other point I want to under- passed by the Senate Banking Committee. should be clear that this broad setaside score is, of course, the regime is de- S. 149 is an important step in our efforts to signed to prevent exporters from mov- improve the effectiveness and efficiency of power, separate and apart from the our export control system. S. 149 will provide powers the President has in the foreign ing out, moving overseas, exports with the President with the authority and flexi- availability and mass market provi- dual-use technology. When we make bility he needs to administer a stronger, up- sions themselves, is a very important the judgment and go through this proc- dated export control system. The Adminis- addition to Presidential authority and ess, it has a negative effect on our na- tration will continue to review our policies one that was important to the national tional security or foreign policy inter- and procedures in this area and will consult security community. ests, and of course you are going to with Congress as we identify any additional necessary changes. Furthermore, the legislation provides have people trying to get around this President Bush strongly supports the bill that notwithstanding any other provi- all the time—some few people. as passed by the Senate Banking Committee sions of the act setting forth limita- We have enforcement provisions now and wants to move forward in this important tions on the authority to control ex- that are much tougher. One of the area. We urge you to support S. 149 so that ports, the President may impose con- things in this bill is a significant in- the President will be able to sign a new ex- trols listed on a control list of a multi- crease in the authorization levels for port control law soon. lateral export control regime. the Department of Commerce in a Sincerely, This is a very broad authority for the whole host of areas in order to try to COLIN L. POWELL, Secretary of State. President to set aside all the require- tighten up the enforcement of this re- DONALD H. RUMSFELD, ments of the EAA and impose controls gime. In fact, we have a number of var- Secretary of Defense. on any export that is on a control list ious provisions that are designed to DONALD L. EVANS, pursuant to an international agree- strengthen our various export controls Secretary of Com- ment. and to ensure that the resources the merce. This is an important provision be- Department needs are available to it in Mr. SARBANES. Mr. President, as we cause export controls are most effec- order to carry out the provisions of the move forward in the debate, I presum- tive when they are implemented in legislation. ably will have a chance to examine in concert with the controls of other sup- Now most exporters want to comply greater detail the provisions of the leg- plier nations. One of the things we seek with the regime. They are not out to islation. I read through this legislation to do in this legislation is encourage try to send abroad technology that can again over the weekend, from start to the development of such multilateral be abused to the harm of American in- finish. I must say to you, on this issue export control regimes. Actually, the terests. A number of them invest sig- I have always been sensitive to the na- majority of items today subject to ex- nificant amounts of money in trying to tional security and foreign policy argu- port controls in the U.S. are controlled comply with the regime’s reporting and ments. In the past, in considering this by most of the other supplier nations recording requirements. So it is impor- legislation, I have never been one who through four multilateral export con- tant to the export community to have sort of willy-nilly wanted to remove trol regimes: the Waasenaar agree- a comprehensive, rational statutory export controls. I think they have a ment, which relates to arms and dual- framework. They know, then, what the very important role to play.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9038 CONGRESSIONAL RECORD — SENATE September 4, 2001 I think this legislation substantially dual-use products. That could be very That was March 28. Later: strengthens the ability of the Presi- confusing. Dual-use products are pri- During the campaign, I promised to lead an dent and the administration to exercise marily not used for a military purpose effort to reform our export control system, export controls on behalf of national but could have a military purpose. so that it safeguards genuine military tech- security and foreign policy interests. That is the main distinction between nology while letting American companies So I very much hope my colleagues will the Arms Export Control Act and the sell items that are already widely available. be supportive of this legislation as we Export Administration Act. I’m pleased to report the Senate Banking Committee passed a revised EAA, which my move ahead. The jurisdiction between these two administration strongly supports. It’s now Mr. President, I yield the floor. acts is different because the State De- time to pass it for the House, so I can sign it The PRESIDING OFFICER. The Sen- partment and the Defense Department, into law. ator from Wyoming is recognized. of course, have a much greater interest There have been numerous state- Mr. ENZI. Mr. President, I rise in and need to control the defense articles support of S. 149, the Export Adminis- ments by the President. He has had an and services. The Commerce Depart- interest in this bill, clear back to when tration Act of 2001. Consideration and ment has been given the jurisdiction passage of this bill are essential for the he was campaigning and this was part over dual-use products provided they of his Web site. Since August 20, we advancement of our national security, are involved with the Department of our foreign policy, and our economic have been operating under the Inter- Defense, the Department of State, and national Economic Emergency Powers interests. the security agencies, all of which have I am very excited that today is here. Act, IEEPA, that was referred to by some voice in the licensing process. the chairman of the committee, Sen- This is the culmination of a lot of ef- One of the big changes in this bill is ator SARBANES, due to the expiration of fort on the part of Senator JOHNSON, the way that licensing process happens myself, Senator SARBANES, and Sen- the EAA. It is one of those temporary so that each of those agencies has a lit- extensions we passed. ator GRAMM. Almost 3 years ago now, tle greater role in being able to object Senator JOHNSON and I, as chairman Operating EAA under IEEPA is unac- to a license. ceptable. IEEPA applies minimal pen- and ranking member of the Inter- At any rate, the Republicans and the national Finance Trade Subcommittee alties to exporters of unlicensed tech- Democrats on the Banking Committee nologies and puts confidential business of the Banking Committee, were given and on the subcommittee went through the task of looking at the Export Ad- records of the business community at a bipartisan process and worked to- risk of exposure. I want to mention ministration Act to see if it could be gether to reach a point of balance with renewed. It had expired in 1994, and some of the changes and the differences a majority of the security folks who between penalties because that is a big there was recognition that there was a are interested in the bill and a major- huge gap in our national security. That security portion of this bill. ity of the economic interest folks who Under criminal penalties, for compa- was brought to light a lot, of course, by are interested in the bill. And there is the Cox commission, which looked at nies that willfully violate under overlap. That is how it is possible to IEEPA, there is a penalty of $50,000 per some of the ways China was stealing have a vast majority from both sides. I secrets from the United States. A very violation. Under the old EAA of 1979, am pleased to have a bill before us which has been extended a few times, extensive document during the original today that, after a lot of changes, I part of this process was a top secret there is a $1 million penalty, consider- think has reached that point. ably greater than the $50,000 penalty, document, and later a public version I have to thank Senator SARBANES was put out; it brought a lot of atten- or five times the value of the exports, and Senator GRAMM for giving us the whichever is greater. tion to the issue. There had been 12 opportunity to pursue this. I know it is Under the bill we are considering, in- previous attempts to renew the Export not the most exciting bill in the world. stead of even the $1 million fine under Administration Act. They had failed. In fact, some people would say it is an EAA, it will be $5 million per violation Only one version in the House had even accounting sort of thing, a boring sort or 10 times the value of the exports, gotten out of committee. of thing. But it is one of the most im- whichever is greater. It is an interesting bill because here portant bills that will pass. It is just Persons who willfully violated under in the Senate there are 100 Senators very detailed. That makes it difficult the IEEPA would have gotten a $50,000 who are concerned about national secu- to consider. penalty or 10 years imprisonment or rity. There are also 100 Senators who Over the last 3 years, a lot of people both. Under the EAA, they would get are concerned about the economic in- have looked at this, a lot of people $250,000 or 10 years imprisonment or terests of the United States. When a have given suggestions and, in fact, the both. But under the bill we are consid- bill is balanced, it will have more than handful of people who have provided ering at the present time, instead of 50 percent in favor, but we have found the most opposition have also provided the $250,000, it will be $1 million or 10 that the way these coalitions merge, the most change. We have put in 59 times the value of the exports, which- there are more than a majority in op- changes based on their suggestions for ever is greater, or 10 years imprison- position to everything that has hap- how we needed to increase national se- ment, or both. We have considerably pened. We faced the unique challenge curity. We have been working with ev- increased the penalties. of trying to do what the other 12 bills eryone. We are still willing to work Under IEEPA, the penalties are al- had not been able to do. To do that, with everyone. Of course, the latest most the cost of doing business or per- Senator JOHNSON and I went through a one we worked with is the President. haps less than that. Under the EAA, process and saw exactly how the whole The President suggested 16 changes the amount of the violations has been process worked. We visited each stage that are also included in the bill. bypassed by inflation, but that has of the licensing process. At this point, we appear to have a been easily taken care of in this bill. It occurs to me at this moment that balance that still has a vast working Under civil penalties, it is the same there may be people who don’t under- majority to pass the bill and I think a situation. Under IEEPA a civil penalty stand the licensing process. There is a bill that will provide national security. is $10,000, and under EAA a civil pen- lot of confusion among people about Of course, the best evidence that it will alty is $100,000. Under this bill, a civil the different licensing processes be- provide national security is the Presi- penalty will be $500,000. cause there isn’t just one. We are only dent himself. The President has strong- The last major revision to the EAA talking about the Export Administra- ly urged the Senate to pass it quickly. came when the Soviet Union was still tion Act. I have a chart of President Bush’s in existence and considered a threat to The Export Administration Act is support: different from the Arms Export Control our national security. That revision of Act. It is different by way of what is In working with the Senate, we’re working the EAA of 1979 occurred before the to tighten control of sensitive technology controlled. The Arms Export Control products with unique military applications, Berlin Wall came crumbling down and Act, of course, handles defense articles and to give our industry an equal chance in freedom was unleashed for the first and services. The Export Administra- world markets. I believe we’ve got a good time in almost a generation for mil- tion Act, on the other hand, handles bill, and I urge the Senate to pass it quickly. lions of Europeans.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9039 At that time, almost all of the new authorities for cases involving national The foreign policy export control au- invention development was also Gov- security and international terrorism, thorities in title III are exercised by ernment funded. Today most of it is as well as international commitments the Secretary of Commerce in con- done by the private sector which is made by the United States. Section sultation with the Secretary of State. forging ahead without Government 201(c) allows controls to be imposed This is also identical to current law. In money involved. There is no need to based on end user and end use of an addition, the authority for the issuance postpone passage of this critical legis- item if it would contribute to the pro- of regulations is the same as the EAA lation any further. liferation of weapons of mass destruc- of 1979. The issues surrounding the reauthor- tion. Section 201(d) adds enhanced con- The Banking Committee determined ization of the EAA have been studied trols which allow the President to im- that a flexible but transparent process and studied and restudied. The Presi- pose controls on any item, including was essential to keep the export con- dent, Secretary Rumsfeld, Secretary those items with incorporated parts for trol system from becoming obsolete Powell, Secretary Evans, and National national security purposes. the day after it becomes law. S. 149 al- Security Adviser Condoleezza Rice These two national security protec- lows flexibility for the administration have endorsed this bipartisan and re- tions are not in current law and could in implementation of export controls sponsible legislation. be used regardless of the foreign avail- because technology is changing at a Here is one of the messages from ability or mass market status of the phenomenal rate. Business models are Condoleezza Rice, National Security item. In addition, the bill retains the very different from those employed a Adviser: Presidential set-aside authority in the decade ago and, of course, globalization The Secretary of State, Secretary of De- case of foreign availability determina- is breaking down some of the tradi- fense, Secretary of Commerce, and I agree tion, section 212, as well as unlimited tional barriers to trade and invest- set-aside authority for mass market that [S. 149 as reported] will strengthen the ment. President’s national security and foreign determination. As a result, it is vital that Congress Those are two determinations. For- policy authorities to control dual-use ex- resist the temptation to lock into a ports in a balanced manner, which will per- eign availability, of course, is if the statute policy toward a specific coun- mit U.S. companies to compete more effec- same product of the same quality is try or a specific item. Experience has tively in the global marketplace. S. 149 rep- available from other countries that can shown that this is not an advisable resents a positive step towards the reform of compete with our industry and do not the U.S. export control system supported by course of action in most cases. Flexi- have to follow our export laws, under the President. bility is needed in the light of rapid some very careful criteria that has technological change. To illustrate In listening to the arguments of the been outlined in the bill, then they critics of this reasonable bill, there have the right to export those prop- this point, the Congress placed in fiscal seems to be a misunderstanding about erties. The President has the right to year 1998 the National Defense Author- what the current law is. If a compari- override it. ization Act provisions relating to high- son of the 1979 EAA and S. 149 were Mass market, of course, has already performance computers. Concerns were made, one would find numerous simi- been explained as those items you can genuine about the export of computers larities, as were pointed out by Senator go to the store and buy at a relatively to potentially dangerous end users. SARBANES, chairman of the committee. low price anywhere in the country, However, to my knowledge, never be- In addition, one would find several new which makes any regulation over their fore had the Congress locked into stat- and more extensive national security export very difficult. A tourist coming ute a specific parameter of control for control authorities included in S. 149 to the country can go to the store, pick an item. that allow the President to restrict the up the item, put it in their suitcase, In addition, the Congress initially reexport of technologies critical to our and take it home. If it is that widely quired a 180-day waiting period before national security. available, then it is very difficult to the President could change the MTOPS Senator SARBANES has covered that control. control threshold, the speed of the in his remarks. Contrary to what the The purpose of our bill, of course, is computers. As we all know, this was in critics would have you believe, this bill to build a higher fence around fewer the midst of some of the most rapid ad- is not a radical new approach to export items and really concentrate on those vancements in computing power con- controls or a radical departure from things that can be controlled and need straining the administration’s ability the current export control system. It to be controlled and put more effort to keep pace with technological pro- updates and simplifies certain aspects and resources into it. The general au- gressions. of the act that are outdated or unnec- thorities contained throughout the bill In keeping with the need for flexi- essary but keeps the basic structure of are entirely consistent with the cur- bility, the Banking Committee adopted the 1979 act. rent law. The bill requires concurrence an amendment offered by Senator BEN- There are reasons why this adminis- with the Secretary of Defense for iden- NETT that would repeal the MTOPS 180- tration’s national security experts are tifying which items are to be included day waiting period. This does not mean unified in their support of S. 149. It on the control list for national security computers would not be controlled. In- builds upon the framework of the cur- purposes. stead, it means the President may con- rent law, or the 1979 act, while modern- There are three stages to this. There trol computer exports in a way that is izing, simplifying, and streamlining is a control list which gives people an more effective, more updated. the act and export control processes, idea of what kinds of items need to be S. 149 emphasizes the need for again involving all of the people who licensed. There is a country tiering strengthened multilateral export con- have been involved in it in the past in system. This is the one that evaluates trol regimes. Multilateral controls are this administration and the previous countries in the world. No countries the most desirable because they are the administration to come up with a bal- are named specifically, but the Presi- most effective. This is where we get anced proposal. dent, in cooperation with the experts our allies and our friends, again any It requires a risk analysis of proposed that he has, would rank these people country that we can talk into it, to exports and emphasizes transparency through three tiers from bad to good, join us in the control effort. As Sen- and accountability to both the Con- with a whole bunch in the middle, ator Sarbanes pointed out, we have gress and the exporter. With trans- which would all have different rights to been emphasizing to other countries parency and accountability, we and the access things on the control list based they need to have a good export con- people trying to put products out will on their sensitivity. Then, of course, if trol act, a good export licensing proc- have a better opportunity to follow the it has to be licensed, it has to go ess. We are the ones who are behind the process and stay within the law. through a licensing process. curve on doing that. S. 149 embraces national security and So we are talking about concurrence The multilateral controls need to be foreign policy export controls even of the Secretary of Defense for identi- more emphasized. We used to have a going well beyond the 1979 act in sev- fying items to be included on the con- process, a regime, called COCOM, and eral respects. For example, the bill trol list for national security purposes, it was a mandatory group of our allies grants to the President special control and this is consistent with current law. that under agreement would eliminate

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9040 CONGRESSIONAL RECORD — SENATE September 4, 2001 exports on which they agreed across In conclusion, I offer a couple of and at the same time provides flexi- the board. quotes from a general and a former Na- bility for the continued changes we After the fall of the Berlin Wall, tional Security Adviser, Brent Scow- must expect over the coming decades. COCOM disappeared. We have a process croft. On June 8, 2001, when the Center The Export Administration Act has called Wassenaar now, the Wassenaar for Strategic and International Studies seen no major revisions since 1985. Arrangement, which is more of a vol- publicly released its report on com- Since that time, the Soviet Union has untary effort. Section 501 of this act puter exports and national security in collapsed, the cold war has ended and a urges the President to undertake ef- the global era, General Scowcroft said new world order, including new forts to strengthen or build upon mul- that some seem chained to the same threats, have emerged. At the time the tilateral export control regimes. policies that are largely not useful, and political landscape has changed dra- I had the distinct pleasure of serving that there is a natural bureaucratic matically, so too has the commercial as a cochair with Senator BINGAMAN tendency to cling to the current rules. landscape. A global marketplace for and Congressman COX and Congress- As we consider S. 149, I urge my col- goods, services and technology has de- man BERMAN on the congressionally leagues to be mindful of General Scow- veloped, and once unimaginable tech- mandated Study Group on Enhancing croft’s comment and do the right thing nological advancements are now avail- Multilateral Export Controls for U.S. and support passage of the Export Ad- able on a widespread basis. The high National Security. The study group, ministration Act of 2001. Export con- tech sector is largely responsible for with the assistance of the Stimson trol issues have been intensely re- the remarkable change in our access to Center, came to the conclusion that reviewed and all the results of the stud- computers and the Internet, and we form of the export control system is ies come to the same conclusion. It is must take great care not to jeopardize vital to U.S. national security objec- best for Congress to reauthorize the that economic vitality. tives. Now we recommend that the U.S. EAA now. The Senate should act now should seek to improve the Wassenaar and pass this bill. I have spent the last few years work- Arrangement with the long-term goal I express thanks to the chairman, ing on EAA with my colleagues across of merging existing multilateral re- Senator SARBANES, and Senator the aisle. When we started this effort, gimes. GRAMM, to my coworker on this, Sen- Senator ENZI and I were, respectively, Additionally, the study group rec- ator JOHNSON, and the new chairman the ranking member and chairman of ommended that the U.S. should reform and ranking member of the Sub- the International Trade and Finance its export control laws to build con- committee on International Trade and Subcommittee of the Banking Com- fidence and support among allies and Finance, Senators BAYH and HAGEL mittee. From the beginning, we have friends for improving multilateral ex- who have done a great job. had the full support of Chairman SAR- port control regimes. The provisions in I would be remiss if I did not mention BANES and Senator GRAMM, and I am S. 149 are consistent with these rec- some of the staff people: Katherine hard pressed to recall a situation in my ommendations and should help to guide McGuire; my legislative director, Amy 15 years in Congress where a bipartisan the administration as it seeks to Dunathan; the Banking Committee team was completely cohesive. There is strengthen the multilateral efforts and staff, Joel Oswald, who used to be on a reason why our team of unlikely bed- arrangements so we do not unneces- my staff. There was a 3-year time and fellows has held together so well, and sarily punish U.S. firms with unilateral there has been some transition. Paul the reason is that S. 149 is a very good controls. Nash, Naomi Campbell, and Marty bill. Finally, and importantly, the bill Gruenberg have done a tremendous job I believe in this bill. I believe it will greatly enhances enforcement. It sub- working around the clock in putting help our nation. It will strengthen our stantially increases criminal and civil together this bill. They have been good national security. It will create an en- penalties for violators, and I went at coordinating our efforts so we could vironment that promotes further tech- through some of those differences be- get together with everybody. nological advancement and fosters eco- tween what happens with the Execu- As I mentioned, we are still willing nomic vitality. And it provides a struc- tive order we are under now and the to talk to anybody about any of the ture that can grow and change into the previous EAA act of 1979 and the provisions but think that a bill has future. present one. It adds new resources for been put in place now that has some S. 149 creates a new framework for enforcement activities including an ad- balance to it. Of course, 16 changes we export controls on dual-use items. By ditional $4.5 million for end-use checks. made on behalf of the President incor- targeting enforcement efforts on prob- It strengthens postshipment porated a number of issues that some lem areas, this more focused approach verifications, checking to see if the of the security chairmen had been con- is just good, common sense. S. 149 will product actually went where the prod- cerned about. We think we have a bill make exporting some items easier, and uct was supposed to go. that should and can be passed. make exporting other items much By targeting resources to exports in- I yield the floor. volving the greatest risk rather than The PRESIDING OFFICER (Mr. more difficult. As Representative COX has stated, ‘‘We ought not to have ex- focusing solely on computers—there CORZINE). The Senator from South Da- are other things out there that need to kota. port controls to pretend to make our- be checked on—this puts more money Mr. JOHNSON. Mr. President, I rise selves safe as a country. We ought to into the checking and targets those today in support of S. 149, the Export have export controls that work.’’ At things that create the greatest risk to Administration Act of 2001. It is dif- the same time, S. 149 will impose real the United States. ficult to overstate the urgency of reau- costs and penalties on those who vio- The Banking Committee took a thorizing EAA, which expired on Au- late the law. Some violators will serve tough stand on violators of gust 20. We are now operating under prison terms along with their hefty postshipment verifications. We do not the International Emergency Eco- fines. believe we should reward those entities nomic Powers Act, an improvised ex- While no one has more respect than I that deny postshipment verifications. port control measure that has weak en- do for the deliberative process that al- Therefore, the bill requires the Sec- forcement powers and that has been lows the Senate to create thoughtful retary to deny licenses to end users challenged in the courts. President and responsible laws, I am struck by that do not allow postshipment Bush and his national security team the irony of today’s debate. I under- verification for a controlled item. That have repeatedly urged Congress to pass stand that several of my distinguished is pretty well nailed down with the S. 149, and I rise today to urge my col- colleagues will object to reauthoriza- company involved, any subsidiaries of leagues to do just that. tion of EAA on the grounds that S. 149 the company. I think it keeps them S. 149 is both a national security and will somehow compromise our national from getting around any provision of a trade bill. It is one of the best exam- security. They will urge us to delay that. It strengthens postshipment ples that I have seen of a law that ac- passage of EAA in the interest of our verification, which is something that counts for the vast geopolitical and national security. They will demand needed to be done. commercial changes of the past decade further study before we move forward

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9041 with S. 149, which has nearly unani- rity and foreign policy, while removing tions, and international terrorism. At mous support of both industry and gov- ineffective controls that serve as un- the same time, the bill promotes ac- ernment, including the national secu- necessary barriers to trade. This so- countability, discipline and trans- rity community. I look forward to called ‘‘tiering’’ approach is an inge- parency in the decision-making process hearing from those colleagues because nious solution to the current situation. through review and other procedures. I am having some difficulty under- Today, 99.4 percent of all export appli- Some have criticized S. 149 for reduc- standing how delaying passage of EAA cations are approved. This leads me to ing the power of the President in a way does anything but harm our nation and believe that the current system is not that I believe is, frankly, misleading. our national security. I must remind making effective use of our export con- In fact, S. 149 grants the President un- my colleagues that EAA has expired. trol resources. precedented authority to set aside for- We are operating under IEEPA and will My colleagues on the Banking Com- eign availability or mass market deter- continue to do so until we enact S. 149. mittee determined that the U.S. export minations. President Bush and his na- This is the real national security control regime should focus on control- tional security team themselves be- threat. ling those items that pose the greatest lieve that S. 149 as reported gives the The argument that S. 149 com- risk to national security. A useful way President full and sufficient authority promises our national security is, I be- of thinking about the right approach to maintain controls when it is in lieve, based on a false premise. That was voiced by Dr. Hicks before our America’s national security or foreign premise is that national security and a committee. He said the U.S. ‘‘must put policy interest. strong export economy are incompat- up higher walls around a much smaller One other aspect of the bill worthy of ible. In fact, our national security de- group of capabilities and tech- note involves how risk management pends on a strong export economy and nologies.’’ techniques can be used to target our America’s continued leadership in the We on the Banking Committee iden- export control resources. First, the high tech field. I agree with the way tified two categories of exports whose bill’s system builds in controls for Senator GRAMM framed the question control does little to enhance our na- technological and political change by last year: tional security, and the control of imposing a risk analysis requirement Is our security tied to our being the leader which could in fact undermine our se- and continual review of controlled in technology, or is it tied to our ability to curity interests by endangering Amer- items. In addition, S. 149 establishes a hold onto the technology we have and not ica’s technology leadership. We deter- country tiering system that assigns share it with anybody? mined that it is best to heed the wise items and countries to tiers according Clearly, our security is tied to being counsel of former Secretary of Defense to their potential threat to U.S. na- the leader in technology, and security and National Security Advisor Frank tional security. This flexibility to clas- experts confirm this point. Carlucci that ‘‘we should do only that sify risk by both destination and prod- As Dr. Donald A. Hicks, former Under which has an effect, not that which uct will be highly effective in targeting Secretary of Defense for Research & simply makes us feel good. . . .’’ our efforts. In addition, a new Office of Engineering and chairman of the De- Based on this principle, we concluded Technical Evaluation would be estab- fense Science Board Task Force on that there is little national security lished in the Department of Commerce Globalization and Security testified be- benefit derived from controlling U.S. to assess, evaluate and monitor techno- fore the Banking Committee on Feb- items if substantially identical items logical and other developments. And fi- ruary 14, 2001: can be acquired through another source nally, S. 149 places a great emphasis on Today, the ‘‘U.S. defense industrial base’’ or if such items are produced and avail- post-shipment verification resources of no longer exists in its Cold War form . . . able for sale in large volume to mul- exports posing the greatest risk to U.S. DoD is relying increasingly on the U.S. com- tiple purchasers. For these reasons, we national security. mercial advanced technology sector to push created the so-called ‘‘foreign avail- As a final matter, I would like to dis- the technological envelope and enable the able’’ and ‘‘mass market’’ exceptions to cuss the role of penalties in S. 149. Department to ‘‘run faster’’ than its com- Under the 1979 act, and especially petitors. DoD is not a large enough cus- export controls. tomer, however, to keep the U.S. high-tech Specifically, the foreign available ex- under IEEPA, which we currently oper- sector vibrant. Exports are now the key to ception acknowledges that unilateral ate under, penalties are modest from growth and good health. . . . If U.S. high- control on items that are readily avail- any perspective. In fact, penalties are tech exports are restricted in any significant able from foreign sources are ineffec- modest enough that businesses intent manner, it could well have a stifling effect tive, and in fact may be counter- on violating our export laws simply on the U.S. military’s rate of technological productive. The Defense Science Board factor the penalties in as a cost of advancement. Task Force on Globalization and Secu- doing business. That is how inad- Without a vibrant high technology rity noted in its final report that: equate, how modest, how unsatifactory sector, our national security will suf- Shutting U.S. companies out of markets the current regime, both under the old fer. And without the ability to export served instead by foreign firms could inhibit 1949 act and under IEEPA are. A com- dual-use items, the high tech sector the competitiveness of the U.S. commercial pany that willfully violates export laws will simply not be able to support our advanced technology and defense sectors today is liable for a mere $50,000 per national security needs. We must not upon which U.S. economic security and mili- violation—chicken feed. Under S. 149, lose sight of this critical point. tary-technical advantage depend. that company would pay a minimum This is not to say that we should Stated another way, Mr. John Doug- penalty of $5 million per violation, and never restrict exports of our goods, lass, president of the Aerospace Indus- could owe significantly more. Individ- services and technologies. On the con- tries Association, noted before our uals who willfully violate the law will trary. In fact, S. 149 is largely about es- committee that such unilateral meas- owe a minimum penalty of $1 million tablishing the most effective mecha- ures punish the exporter rather than and could serve up to a 10-year prison nism for restricting the export of dual- the importer. sentence. Civil penalties for any viola- use items that pose a potential na- The ‘‘mass market’’ exception like- tion of export law rise from $10,000 per tional security or foreign policy threat. wise acknowledges the futility of try- violation under IEEPA to $500,000 per Based on recommendations from na- ing to control items that are virtually violation under S. 149. tional security experts, including the uncontrollable by the nature of their My distinguished colleagues, reau- Cox Committee and the WMD Commis- wide distribution channels, large vol- thorization of EAA is critical to our sion, S. 149 takes a risk-based approach umes, and general purposes. nation’s interests. to export control. This approach is sen- While S. 149 strives to be as targeted We are now operating under a grossly sible, and allows resources to be used as possible, it also provides appropriate inadequate emergency control system, where they are most effective. flexibility by recognizing that the IEEPA, and that situation will not More specifically, S. 149 targets ex- President should have the ability to change until we enact S. 149. Our situa- port controls on those items and des- impose controls in certain critical cir- tion is urgent. Under current law, ex- tinations that the U.S. determines to cumstances, including cases involving porters face anemic penalties for viola- pose the greatest risk to national secu- national security, international obligations, and in fact the entire structure

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9042 CONGRESSIONAL RECORD — SENATE September 4, 2001 is vulnerable to court challenge. Until publicans. I do not doubt they have the I refer to S. 149. It says the purposes we pass EAA, we do indeed face a na- support of the administration. My un- of this act are to restrict the export of tional security crisis. derstanding was that the President items that would contribute to the In addition, we must not lose sight of made a campaign statement or com- military potential of countries so as to the impact our export control system mitment with regard to this issue dur- prove detrimental to the national secu- on dual-use items could have on our ing the last campaign. President Clin- rity of the United States. It further high tech sector. The American econ- ton made the same commitment during says the purpose is to stem the pro- omy has achieved unprecedented his campaign for President. liferation of weapons of mass destruc- growth largely as a result of high tech The President had a group of high- tion. It doesn’t really talk about a bal- innovations. In addition to creating tech executives to the White House, ance of those grave and primary con- wealth for our citizens, new tech- just as President Clinton did, to pro- siderations that we all must acknowl- nologies have enhanced our national mote this sort of legislation. My col- edge are, more than anything else, security by giving us a competitive leagues are correct in that the Presi- against some commercial consider- edge in development of our own secu- dent now supports essentially a con- ations. Here we are talking about I rity systems. The bill beefore us does tinuation of the Clinton policy with re- think our total exports to these con- nothing to compromise our security. gard to the liberalization or loosening trol countries, which are about 3 per- On the contrary, S. 149 takes a com- of our export controls law. I disagreed cent of our exports. So we are talking with it when President Clinton was mon sense approach to export controls about a small fraction—3 percent of that significantly enhances our na- President. I disagree with it now. While we need an Export Administra- our exports as balanced against what I tional security and economic vitality. tion Act and while we need to take into just described in the act. S. 149 is bipartisan, and has the I am not for some kind of equipoise, consideration commercial cir- strong support of the administration, or some kind of a balance, when it cumstances and changes in the world, I the national security community, and think the balance between our national comes to these things. We shouldn’t business organizations. security interests and our commerce control things that are uncontrollable. This morning, our chairman, Chair- interests is not there. We shouldn’t be foolish about it. But man SARBANES, submitted for the This is not really a bill, as I think we ought to have a very careful process RECORD the most recent letter express- about it, that is supposed to balance as that is not weighted or prejudiced in ing support for the passage of this bill such. It is a bill that has very specific any way by those whose interest it is from President Bush, Secretary of De- purposes. It is consistent with our ex- to get things out the door, whose inter- fense Rumsfeld, Secretary of State port administration process that we est is to export, whose interest is to Powell, Secretary of Commerce Evans, have had for decades in this country. It come to the White House and come to and National Security Adviser is based on the notion that there are the Congress and lobby on behalf of Condoleezza Rice previously indicated some items we need to try to keep out more and more exports for economic her support for this bill—not the con- of the hands of some people for as long reasons. You don’t have the average cept but this bill. as we can. The most ardent proponents man on the street with a lobbying I thank many for the extraordinary of liberalized trade restrictions, of team coming up here saying be very, effort they have given to the creation course, would acknowledge that. We very careful about how you liberalize of this bipartisan legislation. This kind have the so-called rogue nations, and our export control laws because we are of legislation has the support of Repub- so forth, to which, we all acknowledge, concerned about what we read about licans and Democrats. It passed the we should not let any of this high-tech what is going on in the world in terms Senate Banking Committee on a vote stuff get through. If we were really in of proliferation. of 19–1. It has the support of the admin- a world where the technology genie The world has changed a lot. We istration as well as the Senate. were totally out of the bottle, I sup- should look at these matters from time A lot of significant work ought to be pose we would not bother ever making to time to see whether or not we are credited to Marty Gruenberg of Sen- the distinctions between really bad operating in the right century. We ator SARBANES’ staff; Amy Dunathan of countries and pretty bad countries and don’t have the old Soviet Union any- Senator GRAMM’s staff; Katherine friends because it would be out there more. We don’t have the threat that McGuire of Senator ENZI’s staff; Joel for all to have. This is based on the posed. But in its place are several new Oswald, Senator ENZI’s former Banking proposition that is not the case, that threats which, in many cases, are more Committee staff; Paul Nash, my former there are some things controllable and dangerous than the ones we had. Banking Committee staffer; Naomi that we should try to keep these things We know, for example, that with the Campbell of my staff; and certainly out of the hands of some entities and development of technology, weapons of Senator BAYH of Indiana and Senator some countries for as long as we can. mass destruction can now kill many, HAGEL of Nebraska have made signifi- When you look at the purpose of the many more people than they otherwise cant contributions as well to the fur- act we are dealing with today, I think could. There are ways of delivering thering of this legislation. it correctly states that the purpose is weapons of mass destruction that did This legislation has been reviewed by about national security export con- not exist a short time ago to countries the Bush administration. They state in trols, it is not about enhancing ex- such as the United States. their letters there is intensive review ports. In fact, you might say it is kind We have biological weapons that of S. 149. They express their strong sup- of anti-export. I think the norm is and stagger the imagination with the de- port. I express my strong support. It is should be that this country is for free scription of the devastation that just a my hope that this debate will proceed trade. I certainly have tried to be one small amount of it can wreak, again, in an expedited fashion and that we of the leaders in that area. I think the accompanying that with the means to will very quickly pass this legislation President ought to have trade pro- deliver them, the means that did not by the overwhelming bipartisan margin motion authority. I think we need to exist a short time ago. That is the it deserves, and that it will go to the do more in that area. I think it is the other side of the technological coin, President who asked that it be pre- basis for a large segment of our eco- the technology that has helped us in so sented to him for his signature. nomic security and prosperity in this many ways and has made the world a I yield the floor. country. better place. That is the other side of The PRESIDING OFFICER. The Sen- We had a debate with regard to a sec- that coin. It is real. ator from Tennessee is recognized. tion of NAFTA recently. I think most Of course, the world has changed in Mr. THOMPSON. Mr. President, I of us are very committed to the proc- another way. My colleagues are correct would like to address S. 149. I believe ess. But the fact that we have an ex- when they say that more of this tech- my colleagues who have spoken are port administration process and an Ex- nology is available around the world. correct in that they have substantial port Administration Act acknowledges In some cases, to some extent perhaps, support for this legislation. I do not that, be that as it may, there are some there is nothing we can do about it. doubt they have a majority of the things that bring in extremely serious But in some cases, to some extent, Democrats and a majority of the Re- national security considerations. there is something we can do about it.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9043 Therein lies what we are trying to deal tion Act. This is the fundamental pur- and with more authority than that; with here with regard to our export ad- pose of an Export Administration Act. that we have a serious problem on our ministration policy; that is, being very So does this act take into consider- hands and that our own policies are careful in making sure, with regard to ation sufficiently the matters of na- contributing to that problem. the things we can have some control tional security? And does it take into Nowhere is it more clear than in the over, even if it is just to slow down the consideration sufficiently the matters case of China, which is really the coun- bad actors that wish our country and of commerce and exports? try that stands to benefit from changes our national security ill, that it is a If we are going to talk about balance, to our export control laws the most, good thing to do. If we are not willing let’s talk for a minute about the side and, ironically, is also the country of and committed to doing that, regard- where we have our concern, the things greatest proliferation concern. less of what it does to trade in a cer- that we are trying to address. In many China was described by the Rumsfeld tain segment of exports, then we different ways this is just a part of an commission as a significant should not have any export policy at overall policy of recognizing we live in proliferator of ballistic missiles, weap- all; we should not have any export re- a more dangerous world. But while re- ons of mass destruction, and enabling strictions at all. I do not think we are alizing that genie is out of the bottle, technologies. The PRC has sold mis- there. I do not think that anyone we are trying to—through our policies, siles to Pakistan, missile parts to would advocate that. through our diplomacy, and through Libya, cruise missiles to Iran, and But it concerns me to hear that my our policies—mitigate somewhat the shared sensitive technologies with colleagues think by passing this bill we danger that we see. North Korea. All these actions have oc- are in some way enhancing our secu- As I have stated, because of the pro- curred despite the PRC’s public assur- rity. We are not. You can make a case liferation of weapons of mass destruc- ances and commitments to several that it is out of balance the other way, tion, the world is a more dangerous international proliferation regimes. that we are trying to control things place in many respects than ever be- Within the last few days, this Gov- that are uncontrollable, and it is hurt- fore. Numerous reports have confirmed ernment sanctioned a Chinese company ing our exports to the extent we need a that a ballistic missile strike on the again for transferring missile compo- new balance. I disagree with that United States is not a distant but an nents to Pakistan. Even more dis- strongly, but you can make that case. imminent threat. turbing is that many of the items that But I do not think you can have your The Rumsfeld report, published in China is proliferating to rogue nations cake and eat it, too. July of 1998, concluded that emerging around the world may have been le- I do not think you can liberalize ballistic missile powers such as Iran gally acquired from the United States. trade so people do not have to have li- and North Korea could strike the The Cox commission notes that China censes anymore for some of this dan- United States within 5 years of decid- has deliberately taken advantage of gerous stuff while at the same time ing to acquire missile capability. our lax export enforcement policies to claiming you are enhancing national Shortly after that, North Korea sur- further its proliferation efforts. China has illegally diverted or mis- security. It is just not the case. And it prised our intelligence agencies by suc- used many sensitive dual-use tech- is not as if I have the answer as to cessfully launching a three-stage rock- nologies or items to further their mili- where to draw the line. It is not as if et over Japan, essentially confirming tary modernization. In January of 2000, my colleagues have the answer as to the Rumsfeld conclusions. Certainly the licensing threshold for high-per- where to draw the line. Reasonable ex- they, along with Iraq, Syria, Libya, formance computers was 2,000 MTOPS. port controls that do not do any more and others, can strike our allies and In January of 2001, the licensing harm than is necessary but protect us our troops stationed abroad today. threshold was 75,000 MTOPS, a to the extent possible: It is very dif- In September of 1999, the national in- fortyfold increase in a 12-month period. ficult to draw that line. telligence estimate of the ballistic mis- (Mr. NELSON of Nebraska assumed What is important is that we have a sile threat concluded that the United the chair.) process because that line has to be States would ‘‘most likely’’ face ICBM Mr. THOMPSON. As the Cox com- drawn every day. There are thousands threats from Russia, China, North mittee points out, no threat assess- of applications—15,000 to 20,000 applica- Korea, and possibly from Iran and Iraq ment was ever conducted. As we have tions—for exports on an annual basis. over the next 15 years, and that North seen the rapid decontrol of supercom- We must have a very carefully Korea could deliver a light payload suf- puters in this country to countries thought-out process where responsible ficient for biological or chemical weap- such as China, under the notion that, people, in all objectivity, with req- ons to the United States right now. It well, MTOP is not a valid criteria any- uisite expertise, have an opportunity has also said that some rogue states more and they will get it from some- to pass on these things and make those may have some ICBMs much sooner body else anyway, the defense author- judgments. That is what this is all than previously thought, and those ization bill in 1998 required that if we about: whether or not we are setting up missiles would be more sophisticated are going to do this rapid decontrol of the right responsible framework, not to and dangerous than previously esti- our computers, that we do a national be so irresponsible that we shut things mated. security assessment as a part of that, down, but, on the other hand, that we The classified briefings are even because the real bottom line is, we recognize that the world is a much more disconcerting. Perhaps the most don’t know what the effects of this more dangerous place, that countries alarming report from these commis- rapid decontrol are. We don’t know have the ability to harm us and harm sions and intelligence sources is that, what the significance to national secu- our allies, which would directly involve despite the urgency of this problem, rity is. us immediately, more so than ever be- the United States’ lax export controls We operated for a long time under fore, and that we must do what is rea- are contributing to the proliferation of the notion that it was very impor- sonably necessary to keep these things weapons of mass destruction by global tant—and the Cox committee will bear out of the hands—as the world’s lead- bad actors—our own export policies. this out—to try to keep the supercom- ing manufacturer in the creative ge- The Cox commission concluded that puters at a certain level out of the nius behind most of the advanced tech- U.S. export control policies have facili- hands of Russia and China and coun- nology that is going on in the world in tated, rather than impeded, China’s tries such as that because they use so many areas now, that we have a ability to acquire military-useful tech- them for nuclear simulation, their stewardship, we have a responsibility nology. The Rumsfeld commission has stockpile enhancement programs, to use that in a proper and correct way. said the U.S. export control policies things of that nature. We have totally As I said, it may be difficult to draw make it a major, albeit unintentional, changed our view about that based on that line, but we must have a proce- contributor to the proliferation of bal- no study, based on anecdotal comments dure that errs, if it is to err, on the side listic missiles and associated weapons by people who come and testify before of national security. Because even the of mass destruction. these committees who have a direct or bill, as drafted, points out that this is There you have it. I do not know how indirect interest in companies or rep- the purpose of the Export Administra- it can be stated much plainer than that resent companies that are interested in

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9044 CONGRESSIONAL RECORD — SENATE September 4, 2001 exporting in many cases—not all of duce U.S. businesses to provide mili- Mass marketing is a whole new con- them, but many—time after time. We tary-related technology and to lobby cept. Mass marketing was not even have not really had any in-depth study on behalf of liberalized export stand- used, that concept was not even used in or analysis by this Government as to ards, a policy that has had significant prior administrations. what the effect of this substantial success. Now I am sad to say that the embed- change in our policy is to our national We see from the Rumsfeld report, the ded component was, but it makes less security. Deutch commission, the biennial CIA sense of all. If an item is controlled and I am not saying I know the answer. I reports, the nature of this threat and deemed to be significant from a poten- rest assured that no one else, even in the fact that it is based on technology, tial national security purpose, under this body, has the answer. It is ex- technology in some cases where we are this bill if it constitutes 25 percent or tremely complex, but it is extremely certainly the leader. We know that a less of the item that it is incorporated important. I know of no other change lot of this proliferation activity from in, then it is decontrolled. of that importance in that short period these rogue nations, a lot of their as- So if you have a controlled item and of time that has undergone less assess- sistance comes from China. We claim it is put into an item that is bigger and ment. That is one of the things we we need a missile defense system. I be- worth more, that is not controlled, should address. lieve we do because of the threats these that makes the item that is controlled The PRC diverted and used these rogue nations present to us. They, in decontrolled. Of course, all an importer American supercomputers to improve turn, are getting their capability in has to do, in some cases, is to buy the their nuclear weapons. The Cox com- significant part from countries such as larger item and take out the item that mission notes that in 1992, U.S. sat- China and Russia. We simultaneously, perhaps he wants, which is the embed- ellite manufacturers transferred mis- with all of that liberalizing of our ex- ded part. sile design information to the PRC port laws, make it easier to sell high If it is significant from a national se- without obtaining the legally required tech items and equipment to China and curity standpoint before it goes into license, and China used that informa- Russia. That does not make sense. the larger item, it is significant from a tion to improve the reliability of its Where is the balance? What do we national security standpoint after it is rockets. balance that threat against? What is put into it. What does money have to We are all familiar with the Hughes- the concern—that our export licensing do with it? What is the fact that it is Loral problem. I noticed the report in procedure is too onerous? It is not like or is not 25 percent of the price of a the Wall Street Journal the other day we are stopping these exports. As was larger item? Of what significance is that Loral apparently is about to cut a said, 99 percent of them are approved. that? Especially from a national secu- deal with the State Department and It is just the ones that are disapproved rity standpoint. That makes no sense Justice to pay a fine and still be al- that are really important, important whatsoever. lowed to go ahead and launch Chinese to our national security. It is not like So when we talk about building high- rockets in the future, going back to we are trying to stop a great many ex- er walls around fewer things, point out their business. I will be interested in ports because we are not. We are trying the higher walls to me. When we talk comparing the amount of that civil to have a procedure where we are more about making it more difficult to ex- fine with the profit they make over the likely to not let something important port some things, making it easier for subsequent launches that they have in slip through the cracks. some and harder for others, somebody their deals with the Chinese. Let’s be clear about how much busi- point out to me the things that this In 1993, China diverted six high-preci- ness is at stake. The total value of bill makes it more difficult to export. sion machine tools it obtained from goods subject to export controls in 1998 This legislation provides broad and McDonnell-Douglas and used them to was approximately $20 billion, less sometimes exclusive authority to the manufacture military aircraft and than 3 percent of U.S. exports. The fact Secretary of Commerce on important cruise missile components. Just that an item is controlled does not procedural issues such as commodity months ago we learned that Chinese mean that it can’t be exported. It only classifications, license and dispute re- technicians were installing fiber optic means that it has to go through a referrals, license exemptions, and devel- cable for Iraqi air defense in violation view process. The overwhelming major- opment of export administration regu- of U.N. sanctions. This fiber optic sys- ity of them are approved. lations. tem is based on U.S. technology sold to But what this legislation does is take I have a lot of faith in our new Sec- China in the mid-1990s. certain categories, incorporated parts, retary of Commerce. I think he is a According to published reports, we mass marketing, foreign availability, fine man, excellent choice, and is doing have discovered twice that companies and says, with regard to those items, a great job. But the fact remains that in China were assisting Saddam Hus- with regard to those matters, if some- the mission of the Department of Com- sein with regard to his antiaircraft ca- one within the bowels of the Depart- merce is to promote exports. We used pability, which is what this fiber optic ment of Commerce essentially decides to criticize Secretary Ron Brown for cable is used for, in order to help him that they fit into these categories, you his export policies and getting items shoot down our aircraft in the no-fly don’t have to have a license at all. You changed from one list to another to zone. There have been over 300 inci- don’t have to go through that process. make it easier to export, and things of dents where Saddam’s troops have shot It decontrols those matters and takes that nature. The Commerce Depart- at our aircraft over that no-fly zone. I them outside of the regulatory process ment simply doesn’t have the per- hope and pray they never hit one. I altogether. sonnel and expertise to protect na- hope and pray that if they do, we don’t They say the President can stop it. tional security. It should not have to. discover that the technology used to We will talk about that in a minute. That is not their job. Somehow we shoot that airplane down did not origi- First of all, let’s understand what we have set it up this way. nally emanate from the United States are doing here. In the past there was no We are letting the tail wag the dog. If of America. I would not want to be the such animal as the one I just described. national security concerns ought to be one to try to tell the mother of that In the past, foreign availability was le- given adequate consideration in an ex- pilot who was shot down: Ma’am, we gitimate as a consideration, and it port decision, the Departments of are sorry about your son, but they ought to be. When the licensers looked State and Defense must be given great- probably could have gotten this ability at the matter, if there was foreign er authority and a greater role in this from someone else if we hadn’t given it availability, that was something they process. This legislation doesn’t do to them. could take into consideration in that. Really, to the contrary, it in- The Cox commission informs us that issuing the license. Now it is taken out creases the authority of the Depart- China pursues a deliberate policy of of their hands. If someone in comment of Commerce. using commercial contacts to advance merce, their technical evaluation Let me go over a few things here, and its efforts to obtain U.S. military tech- team, decides that there is foreign keep in mind, first of all, the purposes nology. The commission states that availability, it doesn’t even come of this bill, the stated purposes of this China uses access to its markets to in- through the process anymore. bill. I didn’t hear it discussed much

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9045 when we were talking about the details served to the President or department President cannot delegate this author- of it. I think it is probably the most or agency in the United States, all ity, so let’s make it as tough on him as important part: power, authority, and discretion con- we can; he does not have many other To restrict the export of items that would ferred by this act shall be exercised by responsibilities; let’s create these contribute to the military potential of coun- the Secretary of Commerce. whole new avenues of decontrol and tries so as to prove detrimental to the na- Mr. President, that is substantial au- then say to the President: You have tional security of the United States. thority and control by the Office of the the authority if you can come up with And also: Secretary of Commerce. Regarding something. To stem the proliferation of weapons of matters of national security, they I do not know how much longer he is mass destruction.... should not have to bear that much re- going to sit over there with a skeletal That is the stated purpose. Whose job sponsibility. So now in the act here, we staff in some of these departments. is it to do that? Well, we are going to are not really building higher walls Some people are estimating it will be give it to the guy who is in charge of around anything. We are not trying to 14 months before he gets his full team commercial activities. come up with a procedure to determine together, as far as his government is Look at some of these areas. The the national security implications of concerned. Secretaries of Commerce and Defense what we are about to do. We recognize Assuming the President does have must concur in order to add items to that there is more dangerous tech- the authority ultimately to step in, is the control list. While this is an im- nology out there than ever before, and that a wise idea? We are not just giving provement over the previous draft of S. we are providing it to people who are him new authority to step in with re- 149, which left sole discretion to the misusing it, but we want to continue to gard to an old situation. We are cre- Department of Commerce, S. 149 still do that at a more efficient rate. ating a whole new situation, a much gives the Department of Commerce a With regard to the increased pen- more decontrolled situation, and giving veto over the Department of Defense if alties on exporters, I think by and him the invitation without delegating the Secretary of Defense believes an large that is an improvement. But the any authority. If he personally wants item should be controlled on the na- act totally decontrols large segments to step into one of these situations, he tional security control list. of exports. So if you are decontrolled, has the authority to do that. He did Secondly, on commodity classifica- how are you going to get in trouble? If not need this authority before because tion, the Secretary of Commerce has I were an exporter, I would make that we did not have a concept such as for- sole discretion over classifying items tradeoff, too. Give me a penalty on eign availability except as something when exporters make commodity clas- something that there is no way I could to be considered. We did not have a sification requests. These classifica- ever be accused of violating if it falls concept of decontrol based on foreign tions determine whether items will re- under one of these items that don’t availability or mass marketing up quire license or not and are particu- even require a license. How do you vio- until this bill. Under those sections, if a company larly critical for new technologies. late something like that? We are going can persuade the Department of Com- Commerce must notify Defense, but it to make a higher, more onerous pen- merce that it ought to be decontrolled, is not required to solicit any input. alty on you for violating this, but we then it is decontrolled; there is no li- What about the interagency dispute are going to amend the law so it cense requirement. We cannot even resolution process? Well, S. 149 gives doesn’t apply to you. keep up with the number of computers the Secretary of Commerce sole au- The Presidential override: It is true we are sending to China or anywhere thority to select a chairperson of, and that there is a section here that, as the else. We do not even have a list to determine procedures for, the inter- proponents indicate, really does over- make some cumulative effect assess- agency committee to review license ap- ride both the incorporated parts provi- ment if we wanted to. plications. The chairperson considers sion and the mass marketing and for- The business community ought to the positions of all the reviewing agen- eign availability provisions. In other have their say. I get the top rankings cies but then makes the final decision words, the President can step in re- from the businesses and small busi- on the license application. The only gardless of any of those provisions. To nesses. I do pretty good by them. But I role of the Department of Defense is to me, it is inconsistent with and renders must say, when it comes to matters of provide a position, and additional lev- a nullity many of the provisions in the export controls based on national secu- els of review are resolved by a majority foreign availability section, for exam- rity in a world where we are being vote. ple, because that section says the threatened as we speak by weapons of What about foreign availability and President must jump through all these mass destruction, it irritates me some- mass marketing? The Secretary of hoops and go negotiate with all these what when I see in this export bill ‘‘the Commerce has sole authority to deter- countries and report back to Congress. Secretary shall permit the widest pos- mine whether items are foreign avail- In other words, Mr. President, if you sible participation by the business able or mass marketed. He must con- are going to step in on behalf of na- community on the export control advi- sult with other agencies, including the tional security, we are going to make sory committees.’’ Department of Defense. Since items de- it awfully tough on you; you have to This bill allows the Secretary to ap- termined to be foreign available and jump through all these hoops. They are point advisory committees to advise mass marketed are automatically re- saying: Enhanced control provisions, the Secretary on these matters—quite moved from the national control list no, no; the President, if he wants to use objectively, I am sure. It also says the and decontrolled, this authority to this section, does not have to do all Secretary has to disclose to them in- Commerce essentially creates a loop- that; in other words, if there is a sig- formation consistent with national se- hole around the Department of Defense nificant threat, not just a threat to na- curity and intelligence sources and veto over removing items from the national security but a significant threat methods pertaining to the reasons for tional security control list. to national security. the export controls which are in effect What about issuing regulations? The I am not sure how all that operates. or contemplated. Department of Commerce and the I think it bears more studying. I think If you want to impose any export President have the authority to issue we are going to have to look at those controls for national security purposes, regulations. These regulations must be sections together. If it does what is you have to go to these business enti- submitted for review to any depart- suggested, I still think we need to ask ties and explain what you are doing ment or agency the President considers ourselves: Do we want to create whole and why you are doing it. Not only is appropriate, but the legislation explic- new categories that are essentially de- that unnecessary, I am afraid it gives itly notes that the requirement to sub- termined by the Secretary of Com- an indication or it belies the purposes mit the regulations for review doesn’t merce to decontrol and then say to our of this act. require the concurrence or approval of President: Catch me if you can? This bill is going to pass, and we all any reviewing department. If we have made a mistake out of know that. The forces behind it are Finally, the catch-all provision in S. these thousands of applications we get strong. When you have the administra- 149 provides that unless otherwise re- every year—another section says the tion and probably the majority of both

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

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

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9048 CONGRESSIONAL RECORD — SENATE September 4, 2001 are reasonable in seeking, is a defined dential set-aside on foreign availability Notwithstanding any other provisions of process within a limited time period with the enhanced controls; the former this title, the President may determine that that in the end gives them an answer, section, section 212, and enhanced con- applying the provisions of section 204 or 211— yes or no. But it gives them an answer. trols is under 201. Section 204 is the parts and compo- That is an improvement over current I will ask a question in a moment. I nents section. ‘‘Incorporated Parts and arrangements where they may well be know the Senator knows that under Components,’’ is section 204. simply left in limbo. It is reasonable to 212, the Presidential set-aside, if he de- Section 211 is, of course, the ‘‘For- expect the Government decisionmakers termines that failing to control an eign Availability and Mass-Market and the Government process to work in item would constitute a threat to the Status’’ section— such a way that in the end they get a national security, the President can the President may determine that applying decision. set aside the Secretary’s determination the provisions of sections 204 or 211 with re- One of the premises on tightening up of foreign availability. Then it requires spect to an item on the National Security is that if you have foreign availability the President to pursue negotiations, Control List would constitute a significant or mass market, that you are not con- as the Senator has described. It re- threat to the national security of the United tributing in any significant way to States and that such item requires enhanced quires the President to notify Congress control. If the President determines that en- stemming the spread of technology by that he has begun such negotiations. hanced controls should apply to such item, inhibiting it because it is available The President shall review a deter- the item may be excluded from the provi- from other sources generally available. mination at least every 6 months and sions of section 204, section 211, or both until So it seems sensible to try to take notify the committees. Then, 18 such time as the President shall determine those goods and services out of the sur- months after the date, the determina- that such enhanced control should no longer veillance as a starter. We do not do tion is made; if the President has been apply to such item. The President may not that anywhere near completely because unable to achieve an agreement to delegate the authority provided for in this section. in both instances we provide authori- eliminate foreign availability with ties whereby that can be suspended. these other countries he is negotiating That is a pretty far-reaching author- The reason we have the double Presi- with within the 18 months, then the ity. We seek the President’s determina- dential authority—for example, on for- set-aside is lifted. But when you come tion on that. Then the only report is, eign availability—is the part in the for- over here to enhanced controls, it the President shall promptly report eign availability section is designed to seems to give the President broad au- any determination described in para- get the executive to try to negotiate thority to lift the application of provi- graph 1 along with specific reasons for and arrive at a multilateral restraint. sions of, in this case, foreign avail- the determination to the Banking This technology is available, foreign ability. Committee in the Senate and the Inter- available, so it can be acquired there— I take it from what the Senator said national Relations Committee in the comparable technology. If that is so, a moment ago he thinks with enhanced House. we are saying to the President: You controls the President would still be Mr. THOMPSON. Will the Senator should try to see if you can negotiate required to enter into the negotiations yield for a moment? an agreement. We have the three 6- with foreign countries, for example. Mr. SARBANES. Sure. month periods, the 18-month period, in And, if so, which of these other provi- Mr. THOMPSON. I just noticed when which if he has not been successful in sions—the notifying Congress—presum- the Senator was reading under en- doing that, that authority, in effect, ably the cutoff would not apply, the 18- hanced control that it refers to control comes to an end. But we have the gen- month cutoff. 204, incorporated parts, 211, which has eral catch-all authority which enables I am a little curious, if the President to do with the determination of foreign the President to, in effect, limit or con- has enhanced controls, you would availability along with mass mar- trol it or prohibit it on the basis of the think that would obviate all of these keting. But it does not refer to 212. En- general authority. other reporting conditions and negotia- hanced control does not refer to 212; it The mass marketing does not have tion requirements and things of that refers to 211, which has to do with mak- that. He can keep rolling that over, if nature because that 18-month require- ing the determination of foreign avail- he chooses. But, in any event, he has ment certainly would be obviated, and ability, but it does not refer to 212, this reserve power under the enhanced it would make the requirements under which has to do with Presidential set- control that enables him to deal with the set-aside unnecessary. aside. parts and components. It enables him Will the Senator comment or give me The first question would be, Do in to deal with foreign availability. It en- his view on that? There is a lot of legis- fact the enhanced controls override ables him to deal with mass marketing lation here. I have referred to it once. 212? in which, in effect, a very, very broad We will have an opportunity to discuss Mr. SARBANES. Surely 212 defines authority and power has been com- it. how the President can carve out from mitted to the President. That is one of Mr. SARBANES. I understand ex- 211 foreign availability, and 213 defines the reasons it seems to me clear that actly what the Senator is referring to. how the President can set aside mass the administration and the various of- The Presidential set-aside of foreign market status determinations, both of ficials are supportive of this legisla- availability status determination, which are in section 211. So 211 sets out tion. which is section 212, is designed to en- these things, and then 212 and 213 pro- We are trying to improve the process, courage the President, in a foreign vide the Presidential carve-out from provide some certainty in how it availability issue, to achieve, if pos- the requirements of 211. This isn’t rel- works, make sure the private sector sible, a multilateral agreement evant if the President invokes section gets answers, and at the same time re- through international negotiations. 201(d) because 201(d) in effect negates serve to the President the ultimate au- And that is sort of spelled out in there section 211. So there is no reason to go thority to make control decisions as part of the purpose. You know, we to the carve-outs in 212 or 213. The based on national security and foreign emphasize negotiations, the reports to President doesn’t have to invoke 201(d). policy interests. So I think the basic the Congress, the periodic review of de- And he can do the carve-outs according scheme, the basic arrangement is one termination, and the expiration of the to 212 and 213, depending on whether it that, in fact, deals more adequately set-aside at a certain period, although is foreign availability or mass market. with national security and foreign pol- he can renew it for 6 months over three Mr. THOMPSON. I see what the Sen- icy interests than either the existing times, for an 18-month period. ator is saying. If you are assuming that regime now under IEEPA or the pre- Over and above that, the President is the determination made by the Sec- vious Export Administration Act. given an enhanced control authority in retary of foreign availability and the Mr. THOMPSON. Will the Senator section 201(d). That is on page 183, sec- President’s decision to set that aside yield? tion 201(d). Let me read that because I were made simultaneously, I am won- Mr. SARBANES. Surely. think it makes it clear that, without dering whether or not there could be a Mr. THOMPSON. I would appreciate being bound up in the process of sec- situation where that would not be the a clarification on comparing the Presi- tion 211: case, that a determination could be

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9049 made of foreign availability by the This is really to foreclose any unin- sons that I am very willing to point Secretary. The President doesn’t have tended consequences in sections 212 and that out is to reemphasize the letter anything to do with that. Then at a 213 by giving the President this broad that we had printed in the RECORD this later date the President makes a deter- authority contained in 201(d) on en- morning from the Secretary of State, mination that this is not working out hanced controls. Colin Powell, the Secretary of Defense, very well and he wants to use his en- Mr. THOMPSON. It seems to me Donald Rumsfeld, and the Secretary of hanced authority. But enhanced au- what we are getting down to is that if Commerce, Donald Evans, which is thority doesn’t refer to 212, which gives a foreign availability determination dated today, and was delivered to us, him the right to set aside which for- has been made, the President has the that shows the support of these three eign availability would subsume. discretion of operating under 211, going Secretaries for S. 149. It isn’t a hedged Mr. SARBANES. No. I don’t want to through the notice requirements, going support; it is a very specific support. bring in 201(d) under 212 or 213 because through the consultation require- We appreciate the expertise of Mr. 201(d) is over and above 212 and 213. ments, and going through the negotia- Rumsfeld in the area of weapons of This is a tremendous authority to give tion with foreign governments—— mass destruction and, while these are to the President. It is over and above. Mr. SARBANES. It is 212. dual-use items, he gives the same level If you subsumed them under, then you Mr. THOMPSON. Yes. of credence to our bill as to his report. would be creating problems. Mr. SARBANES. It is not 211? Another fine line that needs to be Mr. THOMPSON. That gets to my Mr. THOMPSON. That is correct. But pointed out is that in our bill one of second point, if I may. I go back to my he may not proceed linearly. When a the things we did not do was turn the original question. If that is the case, determination is made of foreign avail- process over to the bureaucrats. We then why is the section under 212—the ability, if he at the outset wants to use turned the process over to the elected set-aside that has to do with the Presi- his enhanced control authority under officials. We went to the power at the dent’s actions in the case of set-aside, 201, he may do that. Then none of the top. The reason we did that is because which has to do with pursuing negotia- provisions having to do with 212 would there is a tendency among bureaucrats tions with foreign governments, noti- apply. Would that be correct? to pigeonhole things, to avoid deci- fying Congress, periodic review, explo- Mr. SARBANES. Yes. The President sions; and if you build a process that ration of Presidential set-aside —if the could do that. Generally speaking, the allows them to avoid decisions, they President did in fact decide to use his President would use 212 and 213 in ad- will avoid decisions. That is why we enhanced control authority, why would dressing foreign availability and mass put some of the time limits that are in any of that be applicable? Certainly marketing, because that is the process, here in here. But there is, at any step the exploration of the Presidential set- as I spelled out, that has certain bene- of the process, the capability of stop- aside would not be applicable. Or would fits that flow from its use. But he ping the whole process. And that is it? would not have to do that. He could in- also built in this bill. Mr. SARBANES. Why do you have it voke 201(d). That is why I said earlier Mr. THOMPSON. Would the Senator at all? It is a reasonable question. Here in my opening statement that I yield for a moment? is the answer as I perceive it. You are thought this legislation gave very sig- Mr. ENZI. Yes. trying to set up a framework and a re- nificant authorities to the President to The PRESIDING OFFICER. The Sen- gime in the way of proceeding. As a make these judgments about national ator from Tennessee. general proposition, for the sake of security and foreign policy interests, Mr. THOMPSON. I am supposed to be transparency, for rationality, for un- and it is one of the reasons that I think a witness in the Judiciary Committee. derstanding in the export community the administration, after very careful I wonder if I could be allowed to lay what is being done, the sort of standard review of this legislation, is so sup- down an amendment before I leave the way of proceeding, so to speak, on both portive of it. Chamber. foreign availability and mass mar- Mr. THOMPSON. I thank the Sen- Mr. ENZI. I appreciate that. I was keting would be to follow the proce- ator. hoping we would get to amendments. I dures in 212 and 213 which have been Mr. SARBANES. I yield the floor. yield for that purpose. worked out and are designed, as I said, The PRESIDING OFFICER (Mrs. AMENDMENT NO. 1481 certainly in the case of foreign avail- CLINTON). The Senator from Wyoming. Mr. THOMPSON. Madam President, I ability, to accomplish the objective of Mr. ENZI. Madam President, I will send an amendment to the desk and trying to develop multilateral negotia- make brief comments while my col- ask for its immediate consideration. tions. leagues are preparing to speak. The PRESIDING OFFICER. The So this is the process you set out to I am pleased we have had the opening clerk will report the amendment. be followed. Conceivably, that is the statements that we have had so far, The assistant legislative clerk read process which, generally speaking, the and particularly I am pleased with this as follows: executive branch would pursue. But in colloquy we have just had which shows The Senator from Tennessee [Mr. THOMP- a sense, in an abundance of caution, that we have built some supreme au- SON] proposes an amendment numbered 1481. with respect to national security and thority into the Presidential position Mr. THOMPSON. I ask unanimous foreign policy interests, we give the en- that gives the President the right to consent reading of the amendment be hanced control power to the President trump the other provisions that are in dispensed with. contained in 201(d). There he doesn’t the bill but that still puts a process in The PRESIDING OFFICER. Without have to go through these notices. He place which we hope will be followed objection, it is so ordered. because foreign availability will defi- doesn’t have to go through these proce- The amendment is as follows: dures. He is not bound into a time- nitely bite us if we do not work with frame. other countries to control it. (Purpose: To modify the exceptions for required time periods) But you don’t simply do that. If you Mr. SARBANES. Right. just did that and nothing else, you Mr. ENZI. That is why we are con- On page 232, strike lines 16 through 18, and insert the following: centrating on the multilateral control would have, in a sense, sort of a process (1) AGREEMENT OF THE APPLICANT; COM- without any sort of standards or re- as opposed to the way we have been PLEXITY OF ANALYSIS; NATIONAL SECURITY IM- view. doing it which is the unilateral con- PACT.— We have a process of standards and trol. Unilateral control does not work. (A) AGREEMENT OF THE APPLICANT.—Delays review. But then we go on to say, as I Every report shows that. upon which the Secretary and the applicant said, with an abundance of caution, I also thank the Senator from Ten- mutually agree. that in any event the President can ex- nessee for his comments about the (B) COMPLEXITY OF ANALYSIS.—The review- ercise the 201(d) authority. That is es- commission that was chaired by Mr. ing department or agency requires more time due to the complexity of the analysis, if sentially to take care of the argu- Rumsfeld and the expertise that he al- the additional time is not more than 60 days. ment—actually, I think the Senator luded to—and I would confirm—that (C) NATIONAL SECURITY IMPACT.—The re- used the phrase earlier in his state- Mr. Rumsfeld has on weapons of mass viewing department or agency requires addi- ment about unintended consequences. destruction. Of course, one of the rea- tional time because of the potential impact

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9050 CONGRESSIONAL RECORD — SENATE September 4, 2001 on the national security of foreign policy in- to complete a complex review, the li- Mr. THOMPSON. Yes. terests of the United States, if the additional cense application is automatically Mr. SARBANES. A number of Mem- time is not more than 60 days. granted and sensitive dual-use tech- bers have gotten in touch with us and Mr. THOMPSON. Madam President, nology is exported. Allowing additional have indicated they wish to do so. I the amendment I have offered makes a time in particularly complex or sen- just wanted to set out the procedure. small but significant change in the li- sitive cases would protect our national Mr. THOMPSON. I say to my col- cense application review process. security at little cost to any economic league also that if, by chance, after re- This amendment allows executive interests. viewing this, we could come to an branch agencies such as the Depart- Under the current draft of the legis- agreement on this amendment, I will ment of Defense or the Department of lation, the longest time an applicant tell the leadership that we would have State that are reviewing licensing ap- could wait for an answer under the leg- another amendment which we could plications to have an extension of up to islation is 129 days. The Secretary of vote on by 5 o’clock. So we would still 60 days to review the license if the Commerce has 9 days from receipt of have a vote at 5 o’clock, as the leader- analysis involved in reviewing the li- the license application to refer it to ship wishes. cense is complex or based on the poten- the appropriate reviewing agencies. Mr. SARBANES. Does the Senator tial impact of the export on the na- These agencies have 30 days to respond. from Tennessee have a total list of tional security or foreign policy inter- If there is an interagency dispute re- amendments he is thinking of offering ests of the United States. This amend- garding whether to grant the license, it so we can put these amendments in ment should not be controversial. The is referred to the interagency dispute context? That helps to make a judg- amendment is simple and easy to un- resolution process. The interagency ment as to whether we are simply understand and, in my view, it is very process must resolve the issue or refer raveling carpet step by step or whether hard to oppose. For example, if the De- it to the President within 90 days after there is a finite picture we can look at partment of Defense is reviewing a li- the license application is referred to to make some determination. cense application for sensitive dual-use the interagency process by the Sec- Mr. THOMPSON. If I may respond, technologies that are controlled under retary of Commerce. In fiscal year 1999, the Senator has a floating list that I our export control process, it should be average processing time for all applica- would be glad, when I get back, to sit able to get additional time if the anal- tions was 40 days. Applications that did down and go over with him. Frankly, I ysis is complex or if the export pre- not need to be referred to another am evaluating several that I have pre- sents particularly sensitive national agency, which comprised 14 percent of pared based on the debate and the re- security concerns. all applications, had an average proc- marks that are made. I would enjoy the This change is small but very impor- essing time of 20 days, and applications opportunity to sit down and discuss tant. The House International Rela- that were referred to reviewing agen- with him and other Members some of tions Committee accepted this amend- cies had an average processing time of the ones I probably will introduce in ment unanimously by voice vote in its 43 days. This amendment would provide the next day or two. recent markup of the Export Adminis- up to 60 additional days of review for Mr. SARBANES. I thank the Sen- tration Act of 2001. And this amend- export license applications that are ator, and I thank the Senator from ment reflects a recommendation made complex or based on the potential im- North Carolina for his usual courtesy by the Cox commission on U.S. Na- pact on U.S. national security or for- in allowing us to have this exchange. tional Security and Military/Commer- eign policy interests. While this could The PRESIDING OFFICER. The Sen- cial Concerns with the People’s Repub- lengthen the process somewhat in the ator from North Carolina has the floor. lic of China. The Cox commission re- most sensitive cases, it would have lit- Mr. HELMS. Madam President, I ask port concluded that U.S. export control tle or no impact on the majority of ex- unanimous consent that at a time policies and practices have ‘‘facilitated port licenses. deemed to be appropriate by the man- the PRC’s efforts to obtain militarily Madam President, this change to the agers of the bill I be recognized to be useful technology.’’ One of the issues legislation is small, but significant. It heard for 30 minutes on this bill. the Cox commission discussed was the is designed to address a national secu- The PRESIDING OFFICER. Without fact that in 1995, the U.S. reduced the rity issue identified by the Cox com- objection, it is so ordered. The Senator time available for national security mission and it implements one of the from North Carolina is recognized for agencies to consider export licenses. Cox commission’s recommendations. 30 minutes. The commission said that these new The House International Relations Mr. HELMS. Madam President, I ask deadlines placed national security Committee accepted this amendment unanimous consent that it be in order agencies under ‘‘significant time pres- unanimously during its markup of the for me to deliver my remarks seated at Export Administration Act. I hope that sures.’’ It concluded that the time al- my desk. my colleagues will join me in sup- lowed for consideration of licenses was The PRESIDING OFFICER. Without porting this important amendment. ‘‘not always sufficient for the Depart- objection, it is so ordered. I yield the floor. Mr. HELMS. Madam President, I feel ment of Defense to determine whether Mr. HELMS addressed the Chair. a license should be granted, or if condi- obliged to voice my strong opposition The PRESIDING OFFICER. The Sen- to S. 149, the pending Export Adminis- tions should be imposed.’’ The Cox ator from North Carolina. tration Act of 2001. commission recommends: Mr. HELMS. I thank the Chair. I do this because this bill does not With respect to those controlled tech- Mr. SARBANES. Will the Senator protect the national security of the nologies and items that are of greatest na- yield for just a moment? tional security concern, current licensing Mr. HELMS. Yes, of course. American people. It does not control procedures should be modified. . .to pro- Mr. SARBANES. Madam President, the export of our most sensitive dual- vide longer review periods when deemed nec- we have an amendment pending. I use items. It does not promote U.S. for- essary by any reviewing Executive depart- would just hold it pending because I be- eign policy. ment or agency on national security lieve a number of Members wish to Instead, this is an indiscriminate grounds. make opening statements on the legis- trade promotion bill, and I am obliged The current version of the legislation lation. I invite Members who have to state that I am troubled by the fact contains strict time restrictions. Re- opening statements to come to the that this bill, S. 149, was written in viewing agencies, such as the Depart- Chamber so we can get the opening fact, by the business community to ment of Defense, the Department of statements done, and then presumably maximize future sales to Communist State, or the Department of Energy, later in the afternoon we will revert China, and to other such countries that have 30 calendar days to provide a rec- back to the amendment. represent the highest risk of tech- ommendation to the Department of Mr. THOMPSON. My understanding nology diversion and proliferation. Commerce. If they do not provide a rec- is that this will probably be the vote at Make no mistake about it, this legis- ommendation within 30 days, they are 5 o’clock. lation will enable dangerous regimes deemed not to have any objection. This Mr. SARBANES. In between, I was around the world to arm themselves means that if the Department of De- hoping we would get the opening state- through the use of the best dual-use fense, for example, has inadequate time ments out of the way. technology America has to offer.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9051 This bill’s sponsors argue that be- In the past year and a half alone, Fifth, despite the fact that the pur- cause the cold war is over, the world is Communist China illegally used U.S. pose of the EAA is to safeguard our na- a much safer place and that we need to supercomputers to improve its nuclear tion’s security, the various advisory rid ourselves of outdated export con- weapons. And just a few months ago, committees and consultative require- trols that inhibit trade and harm the we learned that Chinese technicians ments placed on the administration in economy. These Pollyannas could not were installing fiber optic cable for the bill do not require that national se- be more mistaken. Iraq’s air defenses, a clear violation of curity or non-proliferation experts be As the ranking Republican on the U.N. sanctions. Worse yet, this assist- included, while labor organizations and Foreign Relations Committee, I feel ance and technology—which was pro- the business community are clearly obliged to make clear that I hold a vided to Chinese companies by Amer- mentioned. very different view. It is a view based ican business firms when the previous Sixth, this legislation prohibits ex- on years of experience in foreign policy administration mistakenly decon- port controls on sensitive parts if they and national security matters, and trolled this equipment over—and I are incorporated into more expensive sharpened by ongoing intelligence as- must emphasize ‘‘over’’—the objections commercial items or if the controlled sessments. My view is shared by the of the National Security Agency in item in shipping overseas for final as- other ranking members of the national 1994—has been of great help to Saddam sembly. In other words, despite the na- security committees of the Senate; Hussein in his quest to shoot down tional security importance of an item, that is why we have joined together in American pilots. whether or not it’s controlled depends opposing this legislation. Seven months ago, a CIA report made to some degree on its relative mone- The fact is, despite the fall of the So- clear that China continues ‘‘to take a tary value and where it is produced. So viet Union, the world is actually a far very narrow interpretation of their if a special airborne navigation or more complicated and dangerous place non-proliferation commitments with radar system requires a license when due to the proliferation of weapons of the United States.’’ Just recently, we exported individually, a license would mass destruction and ballistic missiles. learned that the Communist Chinese not be required if it were merely a part During the past 30 years alone, the are continuing to ship missile parts of an expensive aircraft. number of countries pursuing nuclear and components to Pakistan despite And last, but certainly not least, S. weapons programs has doubled, the Beijing’s pledge in November 2000 to 149 provides extraordinary authority to number of countries pursuing ballistic stop all such transfers and set up an ex- the Secretary of Commerce on impor- missile programs has tripled, and more port control system. tant procedural issues such as com- than a dozen countries, including most Consideration of this bill by the Sen- modity classifications, license refer- state sponsors of terrorism, have offen- ate sends all of the wrong signals, rals, dispute resolutions, and the devel- sive biological and chemical weapons wrong messages, to China. It reminds opment of export administration regu- programs. Beijing that the United States is all lations. If national security concerns Even worse, this activity is being too willing to place profit before prin- are to be given adequate consideration fueled by Russia and Communist ciple. in export decisions, then the Depart- China, two members of the United Na- Let me address some of the major ments of State and Defense must be tions Security Council who are illicitly elements of this legislation that have given greater authority in the export selling to rogue countries the dual-use convinced me that its passage will seri- licensing process. And if these two de- technologies so critical to their weap- ously jeopardize the national security partments are found already to have ons of mass destruction and missile of the United States. sufficient authority under current programs. To begin, no one—and I repeat no practice, then why not codify it? For years, some other Senators and I one—has conducted a thorough na- The bottom line is that there seem to have cautioned the Senate about these tional security risk assessment to de- be more loopholes and exemptions from growing threats; we have argued force- termine the possible impact of this export controls in this bill than there fully for a national missile defense sys- bill’s sweeping changes on our national are export controls. Could it be that tem to make the United States less security. Rather, many have blindly the drafters of this legislation assume vulnerable to blackmail or missile at- accepted the anecdotes and assertions that any effort to obtain a license will tack itself. But missile defense cannot of industry as the basis for changes in meet with failure, and that no effort alone keep us safe. What we des- the bill. should therefore be spared in ensuring perately need, and don’t have, is a com- Second, this bill does not adequately that companies need not bother to ask prehensive strategy that ranges from a cover ‘‘deemed exports,’’ more com- for one. credible strategic deterrent to rigorus monly understood as the transfers of I cannot understand why the bill goes export controls as our first line of de- sensitive knowledge from one person to to such great lengths to ensure that no fense. another within the United States. exporter will ever be required to tell At a time when the United States of Under this bill, the information and the U.S. government what he proposes America is becoming increasingly vul- know-how passed to visiting scientists to export, and to whom he intends to nerable to rogue states and others and others does not appear to be ille- sell it. Just because an exporter is re- armed with WMD-tipped ballistic mis- gal. quired to obtain a license for a sale siles, it makes absolutely no sense for Third, this bill creates a new licens- does not mean that the sale is going to the United States to liberalize its ex- ing exemption category called mass be denied. In fact, over 80 percent of all port controls over the technology and marketed items, which allows compa- license applications are approved. know-how so critical to these weapons nies to produce their products off of At the same time, the requirement programs. Moreover, doing so sends all the control lists, notwithstanding the for a license enables the United States of the wrong signals to our allies, and sensitivity of the item. If an item is Government to ensure that U.S. com- others, about our commitment to non- widely available in the United States, panies do not contribute, either inten- proliferation. then the bill’s authors argue that it tionally or unintentionally, to the I have also tried as best I can to shouldn’t be controlled. arming of potentially hostile regimes. make clear my view about the need to Fourth, when coupled with a new def- Licenses also allow the government to deal firmly with Communist China, inition of foreign availability that fur- track acquisition efforts by various which is dramatically increasing its ther loosens controls, this bill has the countries and groups. Without the li- military spending and modernizing and potential to decontrol large numbers of censing of dual-use commodities, the expanding its nuclear forces. China’s items. For example, according to one U.S. will know less about the potential leaders talk openly about preparing for outside expert, under S. 149, the high- proliferation of dangerous tech- a future conflict with the United precision electronic switches needed to nologies, will be less able to combat States. Meanwhile, Communist China detonate atomic bombs could be up for that proliferation, and will lose the is making every effort to acquire U.S. sale by claiming that they are needed ability to exhort other nations to take technology and know-how, through as spare parts for medical equipment; steps to strengthen their regimes. theft, circumvention of export laws, or this is what Iraq tried as recently as Notwithstanding these facts, the legitimate commercial activity. 1998. bill’s authors will argue that they have

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9052 CONGRESSIONAL RECORD — SENATE September 4, 2001 made considerable changes to the bill vantage of our European partners. It is tional security or our moral dignity. that address many of the concerns my true that Wassenaar is an inadequate The American people will not support colleagues and others have raised in agreement, but it is also true that the the prospect of fueling our economy by the past. For example, the Banking U.S. government has contributed to its selling sensitive technologies to ty- Committee will argue that: weakness by making changes to our ex- rants and potential adversaries. This is Penalties for violations of this Act port control laws that seemed to un- what we witnessed in the eight years of have been raised in order to punish vio- dercut our Wassenaar partners. But the Clinton-Gore administration, and lators and deter others. While this is rather than pushing for greater decon- it is time for this type of nonsense to true, this bill also raises the evi- trol, we should follow up on President stop. dentiary standard for illicit transfers. Bush’s statement that we need a We don’t need another eight years of Moreover, raising penalties doesn’t stronger regime—closer to what we had intelligence reports that are leaked to make much difference when fewer under COCOM—to prevent the pro- the press, outlining in great detail how items are being controlled, or when en- liferation of sensitive dual-use items to the PRC is using American technology forcement procedures—such as the rogue states. It is unfortunate that the to improve its armed forces; how Rus- mandatory conduct of post-shipment United States is giving up its leader- sian and Communist Chinese entities verifications on high-performance com- ship role on this issue and walking are transferring American technology puters—are stripped from the law. away from years of progress in the ex- to rogue states around the world; how An Executive order will be issued to port control and nonproliferation field. American security, interests and cover deemed exports, give the Depart- Finally, some have argued that fail- friends have been jeopardized; and how ment of Defense more visibility and a ure to pass S. 149 will result in eco- it is completely legal thanks to the Ex- larger role in the commodity classi- nomic harm to our country and the port Administration Act of 2001. fication process, and strengthen the loss of thousands of U.S. jobs. These Rather, the Senate should follow the voice and role of other agencies. How- claims ignore the fact that, according wisdom and courage of the House Inter- ever, to date, a draft of the Executive to the Congressional Research Service, national Relations Committee. Under order has yet to be provided for review. controlled exports represented less the fine leadership of Chairman HENRY But more importantly, given the sig- than 3 percent of total U.S. exports in HYDE and TOM LANTOS, the HIRC was nificance of these matters, doesn’t it 1998. And since over 80 percent of all liable to pass, with overwhelming bipar- make sense to make these changes part censes are approved, only a few billion tisan support, numerous amendments— of the law? dollars in sales were lost due to denied similar to the ones my colleagues and It doesn’t make sense to control licenses—an extremely low percentage I will offer this week—that put na- mass marketed items that can be pur- of the United States’ $10 trillion GDP. tional security back into this legisla- chased at Radio Shack and carried out These numbers also demonstrate that tion. While the United States does need a of the country. The problem with this while exports are being controlled—and new Export Administration Act, the argument is that if items were con- mainly to embargoed countries or bill should protect our national secu- trolled, they wouldn’t be available for those at high risk of diversion, such as rity, not jeopardize it at the expense of purchase at Radio Shack. But beyond China—American firms are not losing that, acquiring widely available items marginal increases in trade. The bill out to foreign competition. should give every government depart- illegally denies end-users the parts, Industry simply does not want the ment a role commensurate with its ex- maintenance, and servicing agreements U.S. government reviewing the export pertise and responsibilities. And the essential to their long-term operation. of sensitive dual-use items, even if it is bill should send the right message to Since most licenses are approved for national security purposes. If cur- our allies, friends and adversaries, that anyway, requiring a licensing only rent licensing procedures are cum- United States takes non-proliferation harms U.S. companies by slowing them bersome for business, then the solution issues seriously, and will continue to down. The fact is, DoD and the intel- is to improve the efficiency and oper- take the lead in the efforts. We need a ligence community benefit greatly ations of the export process, not decon- from the opportunity to look at and new EAA but not this one. trol sensitive items simply to avoid the The PRESIDING OFFICER. The Sen- understand complex dual-use items be- process altogether. ator from Arizona is recognized. fore they are shipped abroad, and the Despite all of these dubious argu- Mr. KYL. Madam President, I under- licensing data provides an important ments by the drafters and supporters of stand the Senator from Virginia wishes audit trail that is useful for conducting this flawed bill, the core problem with to speak. He will be ready in about 5 or cumulative effects analyses and other S. 149 is its fundamental refusal to rec- 6 minutes. In the meantime, I thought follow-ups. ognize that sometimes the United I might respond, if it is in the schedule This bill addresses all of the major States must go it alone to make a of the ranking member and chairman, findings and recommendations of the point. The structure of S. 149 fails to to a point that was the subject of a col- Cox commission report. Upon closer ex- take into account the ability of the loquy with the Senator from Maryland amination, many of the Cox commis- U.S. to lead other nations by dem- and Senator THOMPSON. Is that all sion’s conclusions are not addressed, onstrating self-restraint and a commit- right? but are simply explained away. For ex- ment to principle. It restricts the U.S. Mr. SARBANES. Certainly. ample, the Cox commission rec- ability to control exports unless other Mr. KYL. I noted that one of the sub- ommended that the government con- nations are already doing likewise, or jects of discussion in the colloquy be- duct a comprehensive review of the na- can be guaranteed to do the same in tween the Senator from Maryland and tional security implications of export- the near term. the Senator from Tennessee had to do ing high-performance computers to the I do not believe in the contrived ar- with the President’s authority under PRC, yet S. 149 does away with that re- guments of those who say if you can’t this legislation to waive certain provi- quirement. The Cox commission also beat them, join them. Industry reasons sions, important provisions, because recommended that current licensing that if America cannot stop rogue they deal with a question of whether or procedures be modified to provide states from acquiring weapons of mass not an item that is on the control list— longer review periods when deemed destruction, then why should we be so-called commerce control list— necessary by any reviewing department ceding market share to our competi- should be waived or whether there or agency on national security tors? They say that the United States should be a waiver of either the embed- grounds, and require a consensus by all cannot stop dictators or communist ded product rule or the foreign avail- reviewing departments and agencies for governments from denying their people ability and mass market rule under license approval. Unfortunately, S. 149 certain basic rights and freedoms, so sections 204 and 211 of the act. also fails to fully adopt these proposals why not conduct business as usual with The point was made by the Senator as well. them? from Maryland that if there were a The Wassenaar arrangement is a Well, that is not the American way. problem with one of the dual-use items weak multilateral regime that fails to Americans do not support profit at any on the list, the President had the au- control many dual-use items to the ad- price, especially if that price is our na- thority to waive that. Therefore, those

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9053 of us who have concerns about the leg- I also want to speak specifically to and very vital, and they have gone over islation need not be concerned. The the amendment offered by the Senator this legislation very carefully over an Senator from Wyoming made the fur- from Tennessee before we have a vote extended period of time and reached ther point that in this case we didn’t on that amendment. Given the fact the judgment they are very much be- want to turn this matter over to the that there are a couple of other Sen- hind it. That is, of course, what they bureaucrats so we gave the authority ators prepared to make remarks at this urged on the Senate, including, of directly to the President. time, I am willing to stand back and course, the receipt this morning—I do I appreciate the sentiment behind let those Senators make those remarks not know if the Senator has yet had an those vows. There is a problem with and then I will come and make mine opportunity to see it—a letter from them however. That is, the President, later. Secretary Powell, Secretary Rumsfeld, with all of his other responsibilities, If there is anything I have just said and Secretary Evans in very strong can’t possibly exercise this authority that is subject to correction, I would be support of the legislation. without the help of the so-called bu- happy to stand for any questioning The PRESIDING OFFICER. The Sen- reaucrats, without the help of a staff. with respect to my comments, but per- ator from Arizona. I have in my hand just a partial list haps we will have an opportunity to de- Mr. KYL. Madam President, I say to of the commerce control list items. It bate that at the time I offer an amend- the Senator from Maryland, yes, I have specifically says at the top: This index ment, unless there is a possibility we seen the letter. I agree with him the is not an exhaustive list of the con- might work that out between the pro- support is much more than pro forma; trolled items. I haven’t bothered to count these. ponents and opponents of the legisla- it is sincere and thought-out support. I There are hundreds and hundreds of tion in the meantime. do not know how many pages of this The PRESIDING OFFICER. The Sen- items. I don’t know how many pages. It very complex legislation there are. ator from Maryland. is single spaced, and there must be 60 There are numerous areas that rep- Mr. SARBANES. Madam President, I or 80 items per page and probably 20, resent room for improvement, and sup- say very briefly to my distinguished 30, 40 pages of an awful lot of items port for any legislation generally does colleague from Arizona, this is quite a that could be the subject of the export not obviate the possibility of improve- broad sweeping power we are providing regulations that are the subject of this ments and compromises. to the executive branch. I think it is bill. It would be impossible for the I hope, as this debate goes forward, reasonable to expect the decision will President to be able to devote his at- we might consider the possibility that be made by the President. That does tention to this list and intelligently in this particular area a mechanism be not mean the President has to staff his deal with it. In fact, it would be bad found to provide for a waiver that is public policy for us to require that the own decision. It will obviously be more realistic in its ability to be prac- President be the only person permitted staffed for him. But the determination tically used than to require the Presi- to exercise the authority. Yet that is to provide the enhanced controls ought dent, not delegated to anyone else, as exactly what this proposed legislation to be a Presidential determination. being the only person who could grant We do not expect that is going to be does. such a waiver. A provision of the section being dis- before him very often, but when that We will talk more about that later. cussed that was not quoted occurs on sort of issue arises, it seems to us it is The Senator from Virginia is here, and page 184 of the printed version of S. 149. reasonable that the President should I do not want to impinge upon his At the end of the section on enhanced make that judgment. time. Perhaps we can work that out. If controls, it reads as follows: One of the difficulties we have been we cannot, perhaps we will need to experiencing all along is the way the The President may not delegate the au- offer an amendment. thority provided for in this subsection. export control regime gets bound up I thank the Senator. Well, usually we provide that the down the line and the decisions never The PRESIDING OFFICER. The Sen- President may delegate responsibility go to the top to be made in those in- ator from Virginia. because, frankly, he has better things stances in which there are differences Mr. ALLEN. Madam President, I am to do than be a staffer going through of opinion. In most instances, you have pleased to rise in support of S. 149, the all of these items with the background unanimity below either for the license Export Administration Act of 2001. to know whether or not some of them or against the license. That is over and Back on June 28, 2001, I joined my col- should be taken off the list or not. It is done with. But in those instances in leagues of the Republican Senate high- simply unrealistic to expect any Presi- which that is not the case and the tech task force, Senators ALLARD, BEN- dent, despite a President’s intelligence President is going to exercise his NETT, BROWNBACK, BURNS, GRASSLEY, and willingness to get into the details, sweeping authority, we do not think it HATCH, and HUTCHISON, in sending a to be able to exercise that authority is unreasonable to expect a determina- letter to majority leader TOM DASCHLE with the limitation here. That is the tion to be the President’s. urging him to bring S. 149 to the Sen- primary reason for our concern. I am very frank to say, I do not know ate floor as early as possible. I am We appreciate the fact that the to whom you would otherwise delegate grateful to the majority leader for President has a waiver authority. But it, since he represents the ultimate ar- heeding our request and permitting the in most cases the President’s waiver biter amongst the departments and Senate to consider this very important authority can be realistically adminis- agencies, and I do not see any way you legislation. tered and utilized. I think it is unreal- can give that role to anybody else be- I ask unanimous consent that the istic to expect the President to be able cause anybody else would be out of one letter my colleagues and I sent to Sen- to do that in this case. or another, presumably out of one or ator DASCHLE be printed in the RECORD. One of the possible amendments, I another of the departments or agen- There being no objection, the letter advise the Senator from Maryland, I cies. You are not, as it were, above it was ordered to be printed in the will present—if not I, another Member making this separate and independent RECORD, as follows: determination which the President will will—is an amendment to try to solve HIGH TECH TASK FORCE, JUNE 28, 2001. this particular problem and conform make. Hon. TOM DASCHLE, this provision of the bill more to the The other point I want to note is that Senate Majority Leader, The Capitol, Wash- type of legislation that ordinarily ac- the President and his team support ington, DC. companies a Presidential waiver au- this legislation, so they obviously do DEAR MR. LEADER: As members of the Sen- thority. We think that would improve not see in it the kind of extended prac- ate Republican High Tech Task Force, we the administration of this act and tical problems which the Senator has— write to ask you to schedule floor consider- make the waiver authority really presumably they do not see that in the ation of S. 149, the Export Administration bill; otherwise, they not only would Act of 2001 (‘‘EAA’’), as the next piece of meaningful. I advise the Senator of business on the Senate floor following con- that point. I intend to make a state- not have supported it, but they have clusion of the pending health care bill. ment that generally speaks to this been very strong in their support. It is Prompt consideration of this bipartisan bill issue of the Export Control Adminis- fair to say that their support is any- would be a welcome sign of your willingness tration reauthorization. thing but pro forma. It is very active to pursue a bipartisan agenda.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9054 CONGRESSIONAL RECORD — SENATE September 4, 2001 As you know, Senators Gramm and Enzi when our technology industries are not on a level playing field. This hurts have worked diligently to craft the broadly- seeing declining sales—and, indeed, the their ability to make inroads into mil- supported pending EAA bill which was re- technology sector of our economy is in lions of potential new customers, not ported out of the Banking Committee by a a recession—it is imperative that the to mention reducing how much U.S. 19–1 vote. The Bush Administration also deserves great credit for weighing in to support Congress remove unnecessary and inef- firms can spend on continued R&D, or this critical piece of legislation. President fective barriers to exports and, by research and development, to maintain Bush himself last month stated publicly that doing so, help keep technology jobs in our competitive and innovative leader- he hopes the Congress will send him the EAA our country. ship. bill for his signature. Current U.S. policy on export con- I say to my colleagues in the Senate, The proposed EAA legislation represents a trols is harming good paying jobs for the time is right to modernize and re- logical improvement over the outdated EAA Americans, and it is time that Con- form export controls. Leading members Act passed in 1979 and the current patchwork gress acts to remedy this situation. of the Senate Banking Committee have of executive orders regulating export con- Existing export controls which aim trols issued under the International Emer- worked closely to develop a thoughtful, gency Economic Powers Act. The bill dra- to keep our computing power out of the reasonable approach to balancing U.S. matically enhances our national security hands of potential U.S. adversaries do national security and economic inter- needs by increasing penalties, focusing at- not work given the technological and ests. There is broad bipartisan support tention on truly sensitive items, and grant- global realities of the 21st century. for reform, including among the na- ing the President new authority in cases in- These policies must be reformed. One tional security establishment. volving national security and terrorism. At may ask why. There are five main rea- President Bush and his national secu- the same time, the legislation will remove sons. No. 1, they are outdated; No. 2, rity advisers, including Secretary of punitive regulatory controls on mass market they are ineffective; No. 3, they are un- State Colin Powell, and Condoleezza and foreign availability technology products that have hindered the competitiveness of realistic; No. 4, they are potentially Rice, Commerce Secretary Don Evans, our technology industries. Study after study dangerous; and No. 5, these current Defense Secretary Donald Rumsfeld, have concluded that the present system of laws are bad economics. former President Clinton, four former export controls has the unenviable distinc- Let me expand on that and actually Secretaries of Defense, the Pentagon, tion of harming private enterprise without cite some studies that point out the in- the Defense Science Board, and the enhancing security. efficiencies and ineffectiveness of these General Accounting Office, Democrats At a time when our technology industries current laws. and Republicans alike, have all drawn are seeing declining sales, it is imperative They are outdated: The current pol- that the Congress remove unnecessary and the same conclusions: The current sys- ineffective barriers to exports that will keep icy was formulated during the cold war tem is broken. technology jobs in this country. when we once had a very clear adver- For example, under the current law, The current extension of the 1979 EAA Act sary, the U.S.S.R., and when computers the President is required to use an out- will expire on August 20, 2001. Given this were the size of a dorm room. moded standard called MTOPS, mil- bill’s strong bipartisan support, we believe it Today’s international makeup is lions of theoretical operations per sec- could be quickly considered and passed by much more vague. Our potential adver- ond, to measure computer performance the full Senate, thereby minimizing the saries or enemies are not as easily and set export control thresholds based interruption of the Senate schedule for other identified, and computers are now the on country tiers. business. Therefore, we look forward to your prompt scheduling of floor action on this im- size of a large remote control. There A recent report on ‘‘Computer Ex- portant legislation. are some computers, such as ports and National Security in the Sincerely, Zybernaut’s Mobile Assistant, which Global Era’’ issued by the Center for Sam Brownback, George Allen, Chuck you can wear on your belt. They weigh Strategic and International Studies re- Grassley, Kay Bailey Hutchison, Rob- a couple of pounds at most. flects the widespread consensus ert F. Bennett, Orrin Hatch, Conrad The export controls we have now are amongst those in the U.S. defense and Burns, Wayne Allard. ineffective. Access to high-performance security communities that MTOPS- Mr. ALLEN. Madam President, I con- computing capability cannot be re- based computer hardware controls are gratulate Senator GRAMM, Senator stricted. Almost anyone, whether they ‘‘ineffective given the global diffusion ENZI, and Senator SARBANES who have are in Vienna or Venezuela or Virginia, of information technology and rapid in- worked diligently to craft this broadly can download computing power off the creases in performance.’’ supported measure. President Bush and Internet or link lower level computers The report explains, for example, his team also deserve a great deal of together to perform certain calcula- while various U.S. computer systems credit for weighing in, in support of tions. are currently subject to controls based this legislation. These current laws are unrealistic. on their MTOPS ratings, the equiva- This bill represents a logical im- The United States cannot attempt to lent computing power can be easily provement over the outdated Export control access to computer hardware or achieved by clustering several widely Administration Act that was passed in components when foreign competitors available low-level systems. 1979 and the current patchwork of Ex- are producing the same types of tech- A recent report from the Department ecutive orders regulating export con- nology as domestic firms. of Defense itself also concludes, trols issued under the International In today’s global economy, the ‘‘MTOPS has lost its effectiveness as a Emergency Economic Powers Act. S. United States no longer has a clear mo- control measure due to rapid tech- 149 dramatically enhances our national nopoly on technological innovation. nology advances.’’ The General Ac- security needs by increasing penalties, These rules are potentially dangerous. counting Office’s report to the Senate by focusing attention on truly sen- By struggling to control access to com- Armed Services Committee similarly sitive items, and granting the Presi- puters and computer hardware that is concludes that the MTOPS standard is dent new control authority in cases in- readily available worldwide, we are di- outdated and invalid and the current volving national security and terror- verting resources from policing the export control system for high-per- ists. truly sensitive capabilities. All the formance computers which focuses on At the same time, this legislation while, our military is way behind the controlling individual machines is inef- will remove unnecessarily burdensome curve when it comes to taking advan- fective because it cannot prevent coun- punitive regulatory controls on mass tage of the very technologies we are tries of concern from linking or clus- market and readily available foreign trying to restrict. tering many lower performance uncon- technology products that have hin- Finally, these current laws are just trolled computers to collectively per- dered the competitiveness of U.S. tech- bad economics. As high-tech industry form at higher levels than current ex- nology industries. suffers a dramatic downshift, we are port controls allow. Many studies have concluded that limiting their access to the fastest The Defense Science Board echoes the present system of export controls growing consumer markets in the this same analysis, warning that has the unenviable distinction of harm- world. In the new global economy, ‘‘clinging to a failing policy of export ing American private enterprise with- being first to market is a critical ad- controls has undesirable consequences out enhancing our security. At a time vantage. Currently our companies are beyond self-delusion.’’

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9055 Finally, a multilateral export control sales. Many levels of restrictions will ber in Nevada. Although we do not study recently released by the secu- still exist to protect U.S. national se- manufacture a lot of computers and rity-minded Harry Stimson Center re- curity interests if the EAA becomes computer equipment in Nevada, we flects the overall consensus view that: law, such as rogue country embargoes. have a high-tech industry. There is no [T]he system of controlling the export of Those rogue country embargoes will re- issue more important to them than militarily sensitive goods is increasingly at main in place, and user restrictions passing this legislation. If it is impor- odds with the world characterized by rapid will allow the Government to prevent tant to people in the high-tech indus- technological innovation, the globalization specific sale of computer technology to try in Nevada, it is also important in of business and the internationalization of certain organizations or individuals, the high-tech industry around the the industrial base, including that of defense country. I have had numerous calls companies. Although efforts have been made and protections over highly specialized to adapt Cold War processes and regulations military hardware and software appli- over the last year and a half from com- to changed circumstances, the current ap- cations will still exist. panies around America indicating the proach to controlling militarily relevant The success of export control efforts importance of this legislation. It is trade has failed to keep pace with changing depends on vigorous enforcement of the high time we did something about this. international conditions and often falls short law, with meaningful punishment of I applaud and commend Senators of adequately protecting U.S. national secu- violators. For many potential viola- SARBANES and GRAMM, the chairman rity interests. tors, the monetary penalties associated and ranking member of the committee In effect, the Center for Strategic with the current Export Administra- of jurisdiction, for their advocacy for and International Studies, the Depart- tion Act pose no compelling deterrent. the last many months on this issue. Of ment of Defense, the General Account- The Weapons of Mass Destruction Com- course, members of the committee, ing Office, and the Defense Science mission noted that under current law, Senators ENZI and JOHNSON, have Board all agree that while the most ad- ‘‘an export control violator could view worked extremely hard and have done vanced stand-alone high-performance the risk and burden of penalty for a exemplary work in helping move the computers may be controllable, high- violation as low enough to merely be a legislation. performance computing is not. Thus, cost of doing business, to be balanced I strongly support passage of S. 149. by struggling to control the uncontrol- against the revenue received from an This bill is a product of many years of lable, the Federal Government is di- illegal transaction.’’ hard work. A number of people have verting our attention away from the The Cox committee recommended worked on this. I worked with my export of truly sensitive technologies. that particular attention be given to friend, Senator BENNETT of Utah, on By keeping ineffective export controls reestablishing higher penalties for ex- the appropriations level making sure, in place, the Federal Government is report control violations. Toward that especially last year, we had some legis- stricting U.S. industry’s access to the end, S. 149 significantly enhances lation impacting on this. This bill rep- fastest growing consumer markets criminal and civil penalties for export resents a well-crafted, appropriate bal- around the world without achieving control violations. ance between a more modern, effective any significant national security ad- Section 503 of the bill imposes a export control system and the U.S. na- vantage. In the process, the Federal criminal fine of up to 10 times the tional security interests. Government is creating an unlevel value of the exports or $1 million for I talked about this high-tech meeting playing field for U.S. companies and each violation, whichever is greater, held in Reno at the University of Ne- stifling future research and develop- for willfully violating or willfully con- vada. It was a hearing to determine ment efforts upon which U.S. techno- spiring to violate the provisions of S. what is going on in Nevada and around logical and military supremacy de- 149 or any regulation issued under it. the country with the high-tech indus- mands and depends. In addition, individuals may be im- try. It is very clear at this time in the For the U.S. computer industry to prisoned for a period of up to 10 years, history of the United States there is maintain its preeminence in innova- and companies can be fined up to 10 hemorrhaging taking place. There are tion and business, we must promote times the value of the export, or $5 mil- many examples. We have a high-tech policies that encourage investment in lion, whichever is greater, for each vio- company on the front page of the Reno R&D, not hinder it. S. 149 represents a lation. paper today trying to maintain their solid stride toward an export control Additionally, the Secretary of Com- listing with NASDAQ. One year ago system that effectively balances our merce may impose on a violator, in ad- their stock was about $35 a share; it is Nation’s economic and national secu- dition to or in lieu of the criminal pen- now at 40 cents a share. There are rity interests. alties, a maximum civil fine of $500,000 many other examples of this. This is a As it relates to computer exports, for each export control violation. This high-tech company mentioned on the this bill removes the MTOPS regu- bill gives the Secretary of Commerce front page of the Gazette Journal latory straitjacket and empowers the the discretion he or she needs to take today. There are companies such as President, the Secretary of Commerce, into account the aggravating and miti- this all over America. and the Secretary of Defense to review gating factors that may be present in We as a country need to maintain our the national security control lists and any given case. competitive edge. If this legislation determine both what computers should Finally, the Government will be able does not pass, this equipment will be be controlled and how they may be to focus its resources on those critical manufactured someplace else using controlled. The bill does not alter the technologies it must protect, rather non-Americans and it will be the same way in which computer exports are than wasting time and money on the product. We need to do it here. That is currently controlled under existing futile exercise of attempting to control what this is about. You can talk about regulations. Rather, it simply gives the access to commodity computing power what percentage moves through and President, the Secretary of Commerce, and technology. how little it matters. It is something and the Secretary of Defense the flexi- I say to Members of the Senate, Sen- we need to do. Many business coali- bility to reassess the effectiveness of ators ENZI, GRAMM, and SARBANES have tions, including the Computer Systems these controls in the future, taking worked diligently in crafting an out- Policy Project, the Business Round- into account all relevant risk assess- standing bill. The passage of S. 149 is table, the American Electronics Asso- ment factors, including the factors af- important to the future of national se- ciation, the Electronics Industry Asso- fecting an item’s controllability, such curity and economic interests of the ciation, the Association of Manufac- as foreign availability and mass mar- people of the United States of America. turing Technology, and the Computer ket status, as well as other relevant I thank Members for their efforts and Coalition of Responsible Exports are factors such as, in the case of com- urge support of S. 149. supportive of S. 149. Among the mem- puters, whether the capability or per- The PRESIDING OFFICER. The Sen- bers are Apple, AT&T, Boeing, Compaq, formance provided by the item can be ator from Nevada. Dell, Hewlett-Packard, IBM, Intel, SGI, effectively restricted. Mr. REID. Madam President, I held Sun Microsystems, Unisys, and United Passage of S. 149 does not in any way in August, in Reno, NV, a high-tech Technology. These are extremely im- equal decontrol of computer hardware townhall meeting. I have held a num- portant businesses in America. They

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9056 CONGRESSIONAL RECORD — SENATE September 4, 2001 are important employers in America. trol access to computer hardware com- partment of Defense concludes, for ex- They are important on a worldwide ponents when foreign competitors are ample, that: scene. That they are joining with us in producing the same types of tech- MTOPS has lost its effectiveness as a con- maintaining how important it is to nology as domestic firms. In today’s trol measure . . . due to rapid technology ad- pass this legislation says a lot. global economy, the United States no vances. I throw a bouquet to the Bush admin- longer has a clear monopoly in tech- On this point, the Department of De- istration for having three of their top nology innovations. We must change fense has emphasized that: Cabinet officers write a letter saying because the present law provides poten- Controls that are ineffective due to market how important this legislation is. It is tial dangers. By struggling to control and technology realities do not benefit na- important. We heard from the Sec- access to computers and computer tional security. In fact, they can harm na- retary of State, the Secretary of De- hardware that is readily available tional security by giving a false sense of pro- fense, and the Secretary of Commerce worldwide, we revert resources from tection; by diverting people and other finite indicating this legislation is critically export controls resources from areas in the true areas we need to police. All which they can be effective; and by unneces- important. This is bipartisan legisla- the while, our military is way behind tion. sarily impeding the U.S. computer industry’s the curve when it comes to taking ad- ability to compete in global markets. Having worked this floor the past vantage of the very technologies we are couple years or more, I have never seen Those who oppose this legislation are trying to restrict. living in a dream world, a world of a piece of legislation with so much sup- Finally, it is just bad economics to port held up by so few people. Every- more than two decades ago. In reality, keep the present law in force. As the there is every reason to pass this legis- body wants this to pass. But in the high-tech industry suffers a dramatic Senate, it is difficult to get this to the lation. Four Secretaries of Defense, I downshift, we are limiting their access repeat, current Cabinet officers, sci- point where it will pass. And it will to the fastest growing consumer mar- pass. It will. It is hard to find someone entists all over the world—scientists in kets in the world. In the new global the United States—America’s bur- who does not believe the current sys- economy, being first to market is a tem of export controls in the United geoning high-tech industry, without critical advantage. Currently our com- question or qualification, support this States is broken and needs to be fixed. panies are not on a level playing field. We cannot continue with what we now legislation. The computer made in France can get The General Accounting Office’s re- have. there much quicker than a computer We have four former Secretaries of port to the Senate Armed Services made in the United States. This hurts Defense who support this legislation. Committee similarly concluded, with our companies’ ability to make inroads The Pentagon supports this legislation. the CSIS report, that the MTOPS with millions of potential new cus- The Defense Science Board and General standard is ‘‘outdated and invalid’’ tomers, not to mention how much U.S. Accounting Office, Democrats and Re- and: firms can spend on continued R&D, republicans alike, have drawn the same The current export control system for high conclusion: Existing export controls search and development, to maintain performance computers, which focuses on aimed to keep computing power out of our competitive and innovative leader- controlling individual machines, is ineffec- the hands of U.S. adversaries has not ship. tive because it cannot prevent countries of The current law requires the Presi- worked and must be reformed. concern from linking or clustering many Why? No. 1, what we have is out- dent to use an outmoded metric, lower performance uncontrolled computers MTOPS, which stands for millions of to collectively perform at a higher level than dated. Everyone knows how rapidly the current export controls allow. computer industry is changing. In the theoretical operations per second— Finally, in this regard the Defense Clark County Courthouse in Las Vegas, MTOPS. The current law requires the Science Board echoes this same anal- NV, one floor was dedicated to taking President to use MTOPS to measure ysis, warning that ‘‘clinging to a fail- care of the computer needs of Clark computer performance and set coming policy of export controls has unde- County. That same work can be done in puter thresholds based on country a very small office now, not one whole tiers. What does this mean? sirable consequences beyond self-delu- floor. We had to have the temperature A recent report on ‘‘Computer Ex- sion.’’ We could go on literally all after- controlled to a certain degree; no ports and National Security in the noon, reading from reports and studies, longer is that necessary. In fact, I bet Global Era’’ issued by the Center for scientific analysis that says the we can do on my laptop most every- Strategic and International Studies, thing that could be done on the vast CSIS, reflects the widespread con- present system is worthless, it is bro- floor 25 years ago. sensus among those in the U.S. defense ken; all it does is hurt our economy. It This is important. The present law is and security community that MTOPS- doesn’t do anything to protect our se- outdated. The current policy was for- based computer hardware controls are curity. In effect, the Department of De- mulated during the cold war. The cold ‘‘ineffective given the global diffusion fense, the General Accounting Office, war is over, when we had one obvious of information technology and rapid in- the Defense Science Board, the Center adversary, when computers were the creases in performance.’’ The report for Strategic International Studies, size of a dorm room, and some the size continues and explains that while var- and a multitude of other entities and of dormitories. Today’s international ious U.S. computer systems are cur- organizations all agree that while the makeup is much more vague. Potential rently subject to controls based on most advanced stand-alone high-per- enemies are not as easily identified, their MTOPS rating, the equivalent formance computers may be control- and computers are now the size of a re- computing power can be easily lable, high-performance computing is mote control for a television set. achieved by clustering several widely not. Another reason we must change this available low-level systems: Radio By struggling to control the uncon- law is the present law is ineffective. Shack. trollable, we are diverting our atten- Access to high-performance computing The conclusion of the CSIS report tion from the export of truly sensitive capability cannot be restricted. Any- could not be more clear. No. 1, MTOPS capabilities. By keeping ineffective ex- one, whether Indonesia or Indiana, can are a useless measure of performance; port controls in place, we are unneces- download computing power off the No. 2, MTOPS cannot currently meas- sarily restricting U.S. industry’s access Internet or link lower level computers ure performance of current micro- to consumer markets around the world. together to form certain calculations. processors or sources of In the process, we create an unlevel You do not have to have a degree from supercomputering like clustering; and playing field for U.S. companies and we Harvard in computer science to do third, this makes MTOPS-based hard- stifle future R&D efforts on which U.S. that. High school kids can do it. Prob- ware controls irrelevant. The best technological and military supremacy ably my grandchildren in the sixth choice is to eliminate MTOPS. depends. grade can do a lot of this. Why does the This study is only the most recent of What does this all mean? Should we law need to be changed? a host of export reports to identify the throw away any attempt to control The current law is unrealistic. The system governing computer exports is technology and ‘‘sell, sell, sell’’? Of United States cannot attempt to con- broken. A recent report from the De- course not. We must develop a new,

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9057 more effective system that better bal- policy that recognizes the techno- Mr. ENZI. Mr. President, I rise in op- ances our economic priorities with na- logical, trade, and political realities of position to the amendment to S. 149 tional security interests. S.149 rep- the 21st century. In so doing, this bill proposed by the Senator from Ten- resents a critical step forward toward will effectively promote U.S. economic nessee. This amendment contains sub- this very worthwhile goal. As it relates and national security interests, a goal stantial changes that will not only to computer exports, the bill removes we should all agree is important. upset the delicate balance of control the MTOPS straitjacket and empowers It is not as if computer companies between agencies established in S. 149, the President of the United States, his will be able to sell willy-nilly to any- but it will create a burdensome licens- Secretary of Commerce, and his Sec- one who comes calling in search of, for ing, classification and regulatory proc- retary of Defense to review the Na- example, a submarine detection sys- ess and further fuel the turf battles be- tional Security Control List and deter- tem. This legislation applies several tween agencies. mine both what computers should be levels of restrictions to protect our na- This amendment would allow a re- controlled and how they may be con- tional security interests, including, but viewing agency to stop the clock dur- trolled. not limited to, total embargoes on ing the licensing application process This bill does not eliminate controls. shipping products to rogue nations ‘‘due to the complexity of the anal- It just sets up a modern standard of such as Iran and Iraq at the present ysis’’ or ‘‘because of the potential im- controlling what we are going to do time; end-user restrictions that iden- pact on the national security or foreign with exporting computers. This bill tify specifically who in certain coun- policy interests of the United States.’’ does not—and I think we need to be tries the United States can and cannot Simply put, it would unnecessarily very clear on this point—alter the way sell to; and, finally, controls over the delay licensing decisions and, ulti- in which computer exports are cur- most critical technologies, highly spe- mately, reduce the competitiveness of rently controlled under existing regu- cialized, military-designed software U.S. exports. lations. Rather, it simply gives the and hardware applications. This amendment is unneeded at best President, the Secretary of Commerce, That is pretty strong. and harmful to national security and and the Secretary of Defense the flexi- By focusing our resources in these the economy at worst. The danger of bility to reassess the effectiveness of areas, instead of wasting our time and this amendment lies in that it would these controls in the future, taking money on trying to control commercial enable a single agency to delay the ap- into account all relevant risk assess- computing power, the government will proval of a license for up to 60 days due ment factors, including the factors af- be able to better keep the most critical to the ‘‘complexity of the analysis.’’ fecting an item’s controllability, such applications out of the wrong hands. Used effectively as a delay tactic, a re- as foreign availability, mass market I want to stress to my colleagues viewing agency could bury an applica- status, as well as other relevant factors that the need for export control reform tion in the ‘‘complex analysis re- such as, in the case of computers, is widely supported. quired’’ bin and walk away for 2 whether the capability of performance To quote an esteemed member of our months. The natural bureaucratic provided by that item can be effec- country’s National Security commu- tendency to avoid risk would cause un- tively restricted. nity, former National Security Advisor processed license applications to lan- The chairman of the Banking Com- Brent Scowcroft, ‘‘It’s a whole new guish for days weeks or even months mittee, Senator SARBANES, I think has world. And I think it’s past time we re- done an excellent job explaining this spond to that world. The genesis of in- without any action. This extended today. We have a lot of very talented vention and innovation used to be the delay would not only greatly increase people in the Senate. But as far as your military-industrial complex but the the overall processing time, but it basic intelligence and someone who un- government doesn’t control technology could bring the entire process to a derstands what goes on around here, the way it used to.’’ grinding halt and destroy an exporters there is no one I have more confidence The bill we are considering takes all ability to meet market demand quick- in than the Senator from Maryland. He of these challenges into account and ly and efficiently. Furthermore, at this is a Rhodes scholar in more than name will allow the United States to move point, the exporter is in limbo, as she only. He is somebody who is truly very forward and formulate an export con- or he neither has the approval needed intelligent. And when he said today—I trol policy that recognizes the techno- to move forward or the denial needed talked to him before he came to the logical, trade and political realities of to make improvements. floor, and then I heard him say it on on the 21st century. One exception would allow for 60 the floor—he read this bill from cover I say again that the Department of days, but there are two exceptions in to cover, that says a lot. This is a Defense, the General Accounting Of- here. So it can be read that an agency heavy piece of legislation. This is a bill fice, the Defense Science Board and the would get 120 days by utilizing the two that would take a long afternoon of Center for Strategic and International exceptions one right after the other. reading if it could be done. It is about Studies have all concluded that Although proponents argue that this 350 pages long. If you wanted to have MTOPS is an ‘‘outdated and invalid’’ amendment would ensure ample time somebody who knew the bill better metric and that the current system is for the Department of Defense, the De- than he—and I don’t know who that ineffective. Repeal of the National De- partment of State or other reviewing would be—to give him a test on it, ei- fense Authorizing Act language would agencies to conduct their investiga- ther essay or multiple choice, he would give the President the flexibility to de- tions, it is, in reality, a solution in pass it with a great score. velop a more modern and effective sys- search of a problem. Never has there He has certainly stated on several oc- tem. been a case where the Departments of casions today, this bill is going to im- This is a good bill for Nevada. It is a State and Defense have not had enough prove the security of this country and good bill for the country. It is a good time to adequately review a license ap- allow our commercial interests to be bill for the world. I urge my colleagues plication. In fact, Fiscal Year 2000 data more competitive. I think it is impor- to follow the lead of the managers of from the Department of Commerce in- tant we keep that in mind. Two consid- this bill, the Senator from Maryland dicates that the average time for the erations: Our security is going to be and the Senator from Wyoming, and review of a license by the Department maintained, and we are going to be move forward. Defeat the amendments of Defense was only 13 days. The De- able to be commercially more effective that will be offered by just a small partment of Energy averaged 22 days, than we have been. We are going to number of Members. Defeat them over- while the State Department averaged 9 continue leading the world in selling whelmingly. This is important legisla- days. All three agencies demonstrated these computers that our scientists tion. We need to send a message to the that the 30 days currently permitted to have developed. world that we mean business in main- review a license is more than adequate. The bill we are considering takes all taining our superiority in the produc- Exporters lose their customers when challenges into account and will allow, tion of computers. faced with uncertainty about delivery I repeat, the United States to move for- The PRESIDING OFFICER. The Sen- times. This amendment could place all ward and formulate an export control ator from Wyoming. export licenses in virtual limbo for five

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9058 CONGRESSIONAL RECORD — SENATE September 4, 2001 months—surely enough time for com- I thank the President. I yield the to Radio Shack and buy it. Would-be petitors to easily step in and fill our floor. terrorist nations could get access to exporters orders. The PRESIDING OFFICER. The Sen- something that is mass marketed. Moreover, any agency that might ator from Texas is recognized. One of the great strengths of the bill conceivably require more time to re- Mr. GRAMM. Mr. President, I apolo- is that we introduce a new concept into view an application is fully protected gize to my colleagues for being late; I American law—the concept of mass under S. 149. First, an agency may ex- was busy on a matter important to my marketing. What we say is, if a tech- ercise any of the carefully thought-out State. I wanted to come over today nology is available on a mass market exceptions listed in Section 401(g). For both to oppose the amendment that is basis, if you can buy it all over the example, under Sec. 401(g)(1), the appli- before us and to speak on behalf of the world, it is too late to protect it. So we cant might be willing to provide addi- bill itself. Let me do those in reverse propose building a higher wall around a tional time in order to have a better order. smaller number of items. That is the chance at approval. Second, an agency First of all, our colleagues can be logic of this bill. It is a very simple is always free to return a recommenda- proud of the fact that the bill before us logic. tion of disapproval, thereby kicking today is truly bipartisan, and I want to The second component of the bill rec- the application into the interagency congratulate Senator SARBANES for his ognizes that it is very difficult to prove dispute resolution process. Third, once leadership on this bill, both as chair- somebody knowingly sold or trans- within the interagency process, an man of the Banking Committee now ferred technology that is protected. agency can escalate a decision to a and as ranking member when the bill And since it is very difficult to prove higher level. was originally written. I also want to that—very difficult to catch bad ac- Second, the amendment undoes the thank Senator JOHNSON and Senator tors—we want the penalties to be ex- discipline of the entire system. A key ENZI for their leadership on this bill. traordinarily stiff. Penalties in current recommendation of the various com- This bill tries to deal with an inher- law are so small as to be irrelevant to missions that have studied our export ent conflict that we face as a nation. a modern corporate entity. control system is to increase discipline On the one hand, we want to be the Our penalties, which can run into the in the export control system. Without greatest technological giant in the tens and hundreds of millions of dol- strict deadlines, discipline disappears. world. We want to dominate the world lars, can, for repeat offenses and a pat- And without discipline, the system is in producing everything that embodies tern of behavior, result in imprison- unworkable. An undisciplined system new technology because the country ment or life imprisonment or penalties is the same as no system at all. The that controls that technology ulti- that affect anybody’s behavior. consequences for both our national se- mately dominates the world economi- So we build a higher wall around a curity and economic interests would be cally. It has the highest wages, and the smaller number of items. We recognize severe. brightest future. So, we have not only it is certainly true that you can go It was mentioned in the arguments in a goal but a passion to see that when into any Radio Shack and buy a com- favor that the Cox commission had new tools are produced, when new tech- puter that is more powerful than the taken a look at this and proponents nology is implemented in the market- most powerful computer that existed in argue that the longer review periods place, that it is American technology, the world when I was a college pro- were provided for by the Cox commis- implemented by Americans. fessor. sion. We are the most technologically and I remember running multiple regres- The Banking Committee extensively scientifically friendly society in his- sions which people now run on calcula- reviewed the recommendations of the tory, which is one of the reasons we are tors. I had these punchcards that had Cox committee, and indeed adopted the greatest country in the history of all this data—more precious than life, virtually all of their dual-use-related the world. This bill is very much about almost. You would tote big boxes of suggestions. Recommendation 31 of the that, but it is also about our other ob- these punchcards over to the computer Cox committee did suggest longer re- jective, which is to try to see, to the center at 4:30 in the morning. They had view periods for national security pur- maximum extent we can, that new an entire building that had an analog poses. However, the Cox committee technology does not get into the hands computer—an entire building. And it made that recommendation only with of those who would use it to harm had so little storage capacity that my regard to items that are of the greatest America or her interests and to engage little multiple regression took the en- national security concern. For other in terrorist activities around the tire memory of the entire computer. items, the Cox committee strongly rec- world. And that is the inherent conflict And this whole building was devoted to ommended streamlining the process between these two goals. running this computer. Now any col- and providing greater transparency, What this bill is trying to do is to lege student taking college statistics predictability, and certainty. find a way to deal with this inherent can perform the same transaction on a S. 149 does not classify items as of conflict. I personally believe, after hav- modern calculator. ‘‘greatest national security concern’’ ing now spent some 21⁄2 years working Obviously modern technology can be or ‘‘lesser national security concern.’’ on this bill, that we have come to a put to defense use. But the point is, if Instead, it sets up a risk-based system good solution. We have come as close our purpose is just to feel good, then that allows the administration to as you can come to reconciling these we could do a lot of different things. make such determinations within the differences. Let me try to explain how. But in writing this bill, we want to bill’s guidelines. Based on past experi- I know some of our colleagues are have a meaningful impact in the law. ence and demonstrated agency data, concerned that we have gone too far in So for technologies that are readily both the administration and the bill trying to promote American sales of available, that can be purchased any- sponsors believe that S. 149’s system— technologically advanced products. I where, we decided to take them off the by setting mandatory time periods believe, upon close scrutiny of this bill, list of restricted export items. with the existing ‘‘stop the clock’’ ex- objective observers will conclude that We have put together a system where ceptions—is the most effective frame- charge is not true. This bill tries to the security agencies have the strong- work for operating export controls. recognize something that we do not est voice they have ever had in the In conclusion, this amendment, al- like to admit but that everybody has process. We have put together a proce- though it is portrayed as simple and to admit is true: if a technology is gen- dure whereby an agency that has doubt common-sense, undoes the key element erally available, if you can go to Radio can buck the decision up to a higher of discipline of S. 149. It would result in Shack and buy something, if it is mass level, if they can get approval by a a application system bogged down by marketed all over the world—it may Senate-confirmed person in their de- bureaucracy and politics, a system in have defense implications; it may be partment. which delays are the rule rather than something you would want to prevent a We make it easier to say no. We give the exception. It is not simple or tech- terrorist or terrorist state from get- the President an all-encompassing nical, but would undo the careful bal- ting—but if something is mass mar- power: if the President of the United ance of the bill. I urge its rejection. keted, then would-be terrorists can go States, having reviewed all the data,

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9059 concludes that the sale of an item rep- the modern technology is coming from tween jobs and security, will end up resents a national security threat, no the private sector. In a sense, we are being destroyed. matter whether it is mass marketed or back to where we were in World War I, I want my colleagues to know, in anything else, then the President can where one of the things we tried to do asking them to vote against this intervene and say no. Now, the Presi- was take modern technology and im- amendment, that any representative of dent himself has to do it. This cannot plement it for military use. Then, as any agency who is serving on the re- be delegated to somebody else, remov- we developed what Eisenhower called view panel has a right to stop the proc- ing the President’s responsibility to the military industrial complex and re- ess by saying no. What they don’t have answer whether it is wise or promotes developed basically this university de- the right to do is to say: Well, let’s the public interest. That is the basic fense industry consortium, it was the think about this for 6 months, or let’s structure of this bill. engine for new technology. wait for a year while some foreign com- This bill is strongly supported by the But today technology comes from the petitor is developing the same tech- administration. It is supported by the private sector, from international com- nology. They have to say yes or no, but Defense Department. It embodies the panies. If we don’t let them implement they can say no. recommendations from the Cox Com- the technology and put it to work and Secondly, I remind my colleagues mission, whose key recommendation produce products here, they will that in part in response to concerns was that Congress quit trying to do produce them elsewhere. The net result that were raised by Senator THOMPSON things that only make it look as if it is is that we will have less control than and others, we put a Presidential waiv- concerned about national security, and we do now. er in the bill where the President. Even instead focus on national security. We Ultimately, the security of America if the review process says yes, even if have done that. is based on our ability to produce new under the law the export is exempt Some of our colleagues have con- technology, not on the technology that from the review, if the President finds cerns. I am hopeful, perhaps as early as exists today. It is based on the tech- that the product poses a national secu- in the morning, that I will get a chance nology we are going to generate in the rity concern, then the President has to sit down with them to see whether, future and that we are going to imple- the right to intervene. even at this late date, we might work ment before anyone else. The only way Some people are going to say: Well, something out that could give them we can keep that system intact is by you made it so the President can’t use greater confidence in what we are allowing American industry to use it because how can the President do all doing. But regardless, we have a good modern technology. these things? But we already know bill. It is a bill the country needs, and AMENDMENT NO. 1481 that the President doesn’t do all these it is important. Mr. GRAMM. The Thompson amend- things. The practical implication of Let me add, my trusty staff has just ment on its face looks desirable. But in this waiver is that when a process is passed me a note reminding me that we reality, it assaults a system that we stopped that has otherwise been ap- made no less than 59 changes in trying have put into place that forces a deci- proved or that would otherwise be ex- to deal with the concerns some of our sion. Let’s say I am Texas Instruments, empt, the decision is not going to be colleagues raised in the last Congress. and I want to export a technology. I made by a deputy assistant secretary It is not as if the chairman of the have to file an application. Now, if I in the Commerce Department or an un- known person in the Defense Depart- Banking Committee, Senator SAR- can prove that the technology is mass ment. The person who will have to an- BANES, and I have been deaf in terms of marketed that it is readily available or swer to the public for the decision is listening to their concerns. We have if we find that the technology is going to be mass marketed in the future, the President. listened to them, and we have re- What does that do? It guarantees then all of those factors can come into sponded. We have made 59 changes in that the agency representatives are not play in making the export decision. the bill and worked with the previous going to make this decision to cir- But if at any point in the process an of- administration. And when the new ad- cumvent the process for a light or tran- ficial believes there is a national secu- ministration came, we gave the bill to sient reason. But if the President be- rity concern, then all he has to do is them, and they made suggested lieves, based on the best advice he is say no. changes which we made. So, I think we given, that the product should not be The only thing that any one person have tried to work with everybody. But exported, then the decision is made and on the whole panel representing all of the point is, we are not through work- it is not exported. ing. If we can improve the bill, we want these national security agencies—the I do believe we have put together a to do it. Department of Defense, the Depart- good system of checks and balances. Let me address a central point, ment of State, the Department of Com- The Thompson amendment makes it though. I think it is important that merce—has to do to stop the process is too easy to bail out of the system. An people understand the logic of the bill. to utter the magic word ‘‘no.’’ And agency representative can always say I then want to talk very briefly about when they say no, the process is no if he objects, but what he cannot do the Thompson amendment. stopped, and the decision can be ap- is cause delay after delay. That is what Ultimately, you have to ask yourself pealed to the next highest level—ulti- we are trying to deal with here, and I a question: Is America’s security en- mately, to the President himself. But hope my colleagues will vote no on the hanced by our being the dominant eco- there is no lack of ability to stop a sen- Thompson amendment. nomic power in the world that gen- sitive product from being exported. Let me repeat, since I see that our erates the great bulk of modern tech- What I am concerned about—I have distinguished colleague has come to nology and that implements it first? Or no question in my mind whatsoever of the Chamber, I am hopeful we can get could we promote our national security the good intent of this amendment—is together, perhaps in the morning, with by freezing things as they are, by stop- that if we make it easy to not say ‘‘no’’ those who still have concerns about the ping the production and the export and but just say ‘‘let’s wait,’’ if we make it bill to see if there is anything we can the utilization of technology that easy for someone to avoid making a de- do to deal with those concerns. I know might in the future have national secu- cision, no politician and nobody gov- some suggestion has been made that we rity ramifications? erned by politicians will ever make a might have a blue ribbon panel to Some people still seem to have this hard decision as long as there is any evaluate the entire process. I haven’t vision of the Cold War—that Ivan is at viable alternative. That is a chiseled- talked to Chairman SARBANES in any the gate, that technology is coming in-stone law of public behavior. And if detail about that. But I think that is out of defense research establishments we make it possible for people to delay something we would be willing to look and into the American private sector, because it is complex or because they at as an addition to what we are doing. and then into the world private sector, say it has the potential of having na- What we want to do is pass a good and it is then absorbed by would-be ad- tional security interest, then what is bill that I believe America needs. versaries. going to happen? The whole process is I yield the floor. The plain truth is, that concept of going to get tied up. This bill, which The PRESIDING OFFICER. The Sen- the world is no longer valid. Most of tries to achieve a delicate balance be- ator from Maryland.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9060 CONGRESSIONAL RECORD — SENATE September 4, 2001 Mr. SARBANES. Mr. President, I ous. I want to say that despite what my time here on the floor. Every time take this opportunity while Senator the President wanted to report about Senator GRAMM of Texas comes to the GRAMM is still with us on the floor to our working relationship, I think we floor I always anticipate a good experi- depart from the debate on S. 149 for a have had a very positive and construc- ence. I may not agree with what he is moment and say a few words about my tive relationship. It happens that we saying, but nobody is more in tune very able and distinguished colleague differ from time to time on an issue— with the subject matter and more en- who announced earlier this afternoon but what is this place about if it tertaining than Senator GRAMM. that he will not be seeking re-election doesn’t allow room for those sorts of I have not served on committees with next year in 2002. I think that comes as differences? Yet as I indicated, in vir- Senator GRAMM. He served in the a surprise to many of us. We heard the tually every instance we were able to House, as I did, and we have served in stories, but no one ever assumed they accommodate those differences, work the Senate together. We have never would amount to anything. All of a through them in a rational fashion, worked on committees together, as you sudden, they have. and reach good decisions on behalf of do a lot of times, where you really get I just want to say a few words about the public. to know people. But I have gotten to our working relationship and also, of I know of the determination and know PHIL GRAMM by virtue of the fact course, to wish Senator GRAMM the commitment with which Senator that I have such great respect for what very best. I know that this decision GRAMM has represented the people of he says. I, like Senator SARBANES, was influenced by his desire, in a sense, Texas as one of their two U.S. Senators don’t agree all the time with what he to begin a new career and by some fam- in this body. I know of his own very says, but I have to tell you I have great ily considerations. Of course, I respect strong commitment to a peaceful and appreciation for the way Senator those. Obviously his presence here in prosperous America, and his keen in- GRAMM says it and the fact that he is the Senate—a very strong presence, I terest in economic policy. We have had a man of conviction. He talks about might observe—will be missed post-2002 a lot of very good discussions in the what he believes is the way it should or post-January 3, 2003. Committee on that very subject. I be. Just as we are co-managing this re- didn’t want the occasion of his an- He is a person who got an education authorization of the Export Adminis- nouncement just a little earlier this not in an easy fashion. Senator GRAMM tration Act today, I think we have ac- afternoon to pass without taking the may not want a lot of people to know, complished a great deal working to- floor and making a few comments. I but I have heard him saying this, so I gether in our respective roles on the look forward to continuing to work am not speaking out of school. He had Senate Banking, Housing, and Urban very closely and cooperatively with some learning disabilities. Yet he Affairs Committee. Senator GRAMM over the balance of turned out to be one of the finest schol- Senator GRAMM was Chairman of the ars Texas had and one of the finest Committee from January 1999 to June this year and all of next year. I hope scholars the Senate has ever had. He is 2001. I have to say that virtually every we can continue to cooperate together a Ph.D., a professor. major piece of legislation that came and do good things for the country. I I am going to enjoy very much the out of our Committee came out either say this to my colleague with all re- next 18 months with Senator GRAMM, unanimously or very close to it with spect and affection. I yield the floor. as I have the prior 19 years or so I have one exception. We had a big dust-up, as The PRESIDING OFFICER. The Sen- spent in Washington with him. But it were, over the financial services ator from Texas. there will never be another PHIL modernization bill, essentially over the Mr. GRAMM. Mr. President, let me GRAMM. He is one of a kind. He has CRA provisions. first say that I appreciate Senator SAR- We subsequently worked it out with really dedicated his life to public serv- BANES’ remarks. When your mama says the Administration and the bill finally ice, for which I have no doubt the State passed on the Senate floor in November something nice about you, people ex- of Texas is a better place. of 1999 by a vote of 90–8. In the end, we pect it. I do think Senator Sarbanes is PHIL GRAMM is virtually unbeatable found our way through and reached an correct, and I don’t think I will do him in Texas. It is bad news for the people understanding and an accommodation. any harm in Maryland by saying that of the State of Texas that he is leaving. I want to acknowledge Senator he and I differ on a lot of subjects. In The good news for us in Washington is GRAMM for his leadership during his fact, it might well help him politically that he is leaving and we are going to chairmanship on the following bills: by saying that. But when we ended up have an opportunity to take the Senate the Competitive Market Supervision running the Banking Committee—Sen- seat. We could never do that with Sen- Act, the International Monetary Sta- ator Sarbanes as a Democrat and me as ator GRAMM here. We know it is an up- bility Act, the Manufactured Housing a Republican—everybody assumed that hill battle he left there. Improvement Act, and the Public Util- people who differed on as many issues I wish words could connote the warm ity Holding Company Act. In the area as we differed on would never get any- feeling that I have for PHIL GRAMM. I of housing and urban affairs, we have thing done. I appreciate very much his just think the world of him. I like him passed into law elderly housing legisla- kind comments, and I appreciate his a lot. He is a fine person, and I hope his tion; reforms to the rural housing pro- pointing out the plain truth, which is family is proud of him and also the gram; and reforms to the Native Amer- that we have gotten a near record people of Texas, as they should be. ican housing program. This year we amount done. We have achieved that The PRESIDING OFFICER. The Sen- passed Market-to-Market reform and by recognizing that under our system ator from Tennessee is recognized. reauthorization legislation through the you get things done by working with Mr. THOMPSON. Mr. President, I Committee. The President also signed people instead of running over people. I suppose I am going to have to say into law the Iran-Libya Sanctions Ex- have been chairman and Senator SAR- something nice about Senator GRAMM. tension Act on August 3, 2001. I think BANES has been chairman, and I assume In all honesty, I have a tremendous the Committee has had a very good he will be chairman for the remainder amount of admiration for Senator track record under his leadership in of my time, but you never know. GRAMM, and it was with great sadness the last Congress and at the beginning Maybe Senator REID will have a change that I learned a short time ago he de- of this Congress. of heart and decide to come join us. cided not to run again. Regardless of I also want to acknowledge that Who knows? what anybody else does here, I think without Senator GRAMM’s active lead- In any case, I am very proud of our this institution needs a PHIL GRAMM. ership on the Export Administration record, and I am very proud to have The institution is going to have to Act, we actually would not be on the Senator SARBANES’ friendship. Thank come up with another one now, it looks floor today. I also look forward to you. like. But the institution has been bet- working closely with him on the reau- The PRESIDING OFFICER. The Sen- ter for his having been here. thorization of the Export-Import Bank ator from Nevada is recognized. I know of no one who has more intel- and the Defense Production Act. Mr. REID. Mr. President, if I may lectual honesty and who is more fear- I have to say we are going to miss take a minute, I have been fortunate in less in the pursuit of the things in Senator GRAMM. I think that is obvi- the last 3 years or so to spend most of which he believes. More often than not,

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Do we not let the Department the service he has rendered the State of drafted, it gives an agency 30 days to of Defense have a little additional time Texas and our country. look over this license application and to make sure we are not sending some- I will yield to anyone else at any to come to a decision as to whether or thing dangerous to somebody dan- time who wants to speak to this sub- not it wants to go along with it or try gerous? ject. But if not, I will continue on with to oppose it. If the agency is not heard I do not fully appreciate the talk of the business at hand. I believe Senator from within 30 days, then it is deemed the balance between jobs and security. ENZI wants to speak. the agency waives its rights and the We are not dealing with a jobs bill. We The PRESIDING OFFICER. The Sen- agency approves it. are dealing with a bill that is designed ator from Wyoming is recognized. What this amendment does is it to protect national security. We are Mr. ENZI. Mr. President, it is with a takes a particular set of circumstances not balancing off how much money lot of regret and sadness that I learned where there are national security im- somebody could make. Three percent of this decision this afternoon. I came plications; in other words, the Depart- of our total exports are exports to to the Senate just 41⁄2 years ago, which ment of Defense takes a look at some- these controlled companies, so we are would be about the equivalent of the thing and says: Perhaps this is a very talking about most all of them are ap- college degree. complex application, and it very well proved. We are talking about a fraction During that time, I have gotten to may have national security implica- of 3 percent. study under PHIL GRAMM. There have tions. We simply cannot get this done They have a very effective lobby and been a lot of times that I really in 30 days. We need additional time. they have been doing their job well, thought I ought to be paying him tui- As to the Cox Commission, I hope my but let us not lose sight of the small- tion. It has been a tremendous edu- friends who are sponsoring this legisla- ness of the exports we are talking cational process. If we could just get tion will not choose the Cox Commis- about in terms of the total economic him to be a little more outspoken. sion as authority when it chooses and picture. Even if it were large, I would I do recall he said when he retires he ignore the Cox Commission when it think the same way about it. If we is going to retire to a town in the makes recommendations that oppose it want to talk about a balance or a United States that does not have a sin- because the Cox Commission concluded tradeoff, are we not willing to trade off gle traffic light. I assume there are in its determination that there were a fraction of 3 percent over against, still some of those in Texas. If there undue time pressures brought to bear say, the Department of Defense when it are not, Wyoming would welcome the on these agencies sometimes. We need- has a national security concern, having Senator with open arms. We would love ed to get the merchandise out the door an additional 60 days to take a look at to have him there and, of course, we when these agencies were trying to it? Are we that eager to get the mer- are looking forward to the game make these national security deter- chandise out the door when we are against his alma mater, Texas A&M, minations, so they came up with rec- being told on a regular basis these the team the Senator follows day in ommendations that are consistent with rogue nations are developing this addi- and day out, and we are looking for- what we are talking about here. tional technology; that they are devel- ward to a good contest. The amendment was accepted unani- oping weapons of mass destruction; I thank the Senator for all of the in- mously by voice vote in the House that China and Russia are supplying struction that he has given, for the International Relations Committee them with technology that will assist education he has provided for America. markup of the Export Administration them in their weapons of mass destruc- I have appreciated the stands he has Act. The Cox Commission rection; that China, which will greatly taken and the ferocity with which he ommended this: With respect to those benefit from this bill, is taking our has taken them. Thanks again for the controlled technologies and items that technology and using it for military education. are of greatest national security con- purposes; when our commissions and Mr. GRAMM. Thank you, MIKE. cern, current licensing procedures agencies are telling us in their reports, Mr. REID. Mr. President, I ask unan- should be modified to provide longer whether it be Rumsfeld, Deutch, or our imous consent that the Senate vote in review periods when deemed necessary own intelligence agencies that report relation to the Thompson amendment by the reviewing executive department on a biannual basis, that these threats No. 1481 at 5:15 p.m. today, with no sec- or agency on national security are growing and that they are using ond-degree amendments in order to the grounds. American technology; when we hear Thompson amendment; that prior to I have heard it said this is when things like Saddam Hussein has been the vote there be 4 minutes for debate there is great national security con- furnished by a Chinese company with equally divided in the usual form, with cern. technology that will assist him in his no other intervening action or debate. As I indicated, the Cox committee fiber optic cable network that will ac- The PRESIDING OFFICER. Without recommended additional time be given tually assist him in shooting down objection, it is so ordered. under appropriate circumstances, and American airplanes—we have caught Mr. THOMPSON. So we will vote at these are appropriate circumstances. him twice at it now—and it is being 5:15 on this amendment that we are dis- Opponents of this amendment say supplied by a company that has a rela- cussing right now. these are just circumstances where tionship with a company in the United The PRESIDING OFFICER. The Sen- there is substantial national security States? ator from Tennessee. concern. I hope if one of our boys gets shot Mr. THOMPSON. Mr. President, I I ask my colleagues, how do we know down over there it is not determined it will address the issue concerning the whether or not there is a substantial is with American technology. It is not amendment I have submitted having to national security concern if the agen- farfetched. I am not claiming I can sug- do with the amount of time agencies cies that are determining that do not gest anything that would forever pro- would have to consider a license appli- have sufficient time enough to inves- hibit that, but we can surely give the cation. This amendment provides addi- tigate it? Are we going to decide if the Department of Defense an extra 60 days tional exceptions from acquired time Department of Defense believes it if it believes it has a national security periods for processing license applica- needs additional time and believes concern. tions if the reviewing agency requires there may be national security con- We have gotten past, I suppose, the more time due to the complexity of the cerns? Are we going to cut them off debate on things such as foreign avail- analysis or if the reviewing agency re- prematurely because they cannot make ability. We are going to have somebody quires additional time based on the po- out a prima facie case at that point? down in the bowels of the Department tential impact of the export on na- Should they not, as the agency deal- of Commerce determine all that needs tional security or foreign policy inter- ing with this and having the expertise, to be deregulated and it is out the ests of the United States. It limits any be given, in a matter of national secu- door; anything they say is foreign

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Em- the agencies involved, as the Cox com- liability of an end user, or if additional beded components: If something is reg- mission suggested? time is necessary to secure government ulated and considered to be sensitive It has been said if there is a national to government assurances regarding because it can be used potentially for security concern, they can raise it item end use, or if more time is re- military purposes, it is regulated, you later in the review process. If the De- quired for multilateral review if appli- have to have a license. But if somebody partment of Defense has not had time cable or if additional time is needed to puts it in a bigger component, you do to adequately investigate the matter, allow for congressional notification, if not have to have a license for it or the it is already in the interagency review that is required, if more time is nec- bigger component if the bigger compo- process and they will not have the in- essary to permit consultation with for- nent is worth more than 75 percent of formation on which to base an objec- eign governments, then, of course, we the total value of what is being tion. Do we want to force the process have the essential provisions of the shipped. It makes no sense at all. It along so fast we ensure the Department bill. First, an agency could exercise makes no national security sense. It of Defense or the affected agency does any of these thought-out exceptions might make economic sense for some not have sufficient time to make an ob- that are very carefully defined in the folks. But all that is by the board. We jection, had they known the full extent bill. The two provisions in this amend- passed that. We will do that and tell of the nature of the export and perhaps ment are not carefully defined. So they the President, catch him if you can, the end user and how it would be used give a very broad, general, bureau- fixing it so the President can’t delegate and the potential uses for it? cratic approach that allows people to any of this. The President has to make We may have to go down this road, pigeon hole a bill and walk away from the determination that he wants to but we don’t have to get in the jet- it for at least 60 to 120 days. They could come in with oversight action that will stream. We don’t have to do it with use the carefully thought-out defined go against this entire regulatory proc- blinders. I suggest this is a minimalist provisions in section 401(g). ess when we have thousands of these amendment that we would want to pass Second, any of the agencies are free applications a year. We are not going to benefit the process and to show the to return a recommendation of dis- to be able to do anything with that. world we are not so intent on trade and approval. That kicks the application The train left the station. I can count money that we will not even take mod- into the interagency dispute resolution votes. est measures to make sure we are not process which would give additional Apparently, we have decided in this making a mistake with regard to some- time for the review. Nation to turn a blind eye to the pro- thing important to our country. Third, once within the interagency liferation activities in this world, to I yield the floor. process, the agency can escalate a deci- the fact that we are now subject to The PRESIDING OFFICER. The Sen- sion to the higher level. being hit from some of the smaller ator from Wyoming. In practicality, after you and I have rogue nations, countries that are starv- Mr. ENZI. While the parties have watched the process, Mr. President, ing their own people to death, putting been speaking, and we have been in and seen how it works, it also works if their money into missile and nuclear contact with the White House to see the agency calls and says we can give capability, to now hit us, our allies, or how difficult the time schedule in the you a disapproval right now unless you our troops in the field, and we are S. 149 bill would be to meet, I have can provide additional time or infor- opening the door wider to send stuff to been told there is no problem meeting mation. That same process is an effec- countries that are supplying the rogue those time schedules, that the agencies tive way of stopping the clock, pro- nations. We have apparently made that can do that, the agencies have done vided the application doesn’t have to decision. that; that the records show they have go back to ground zero when it comes For goodness’ sake, can’t we give the been able to meet those time deadlines, back in again. That is a mechanism Department of Defense a little more and the administration is opposed to that has been used. time when they are asking us to hold this amendment. This amendment unravels the dis- up a little bit and make sure we are This amendment allows the review- cipline of the system that has been set not hurting our country? Do we have to ing agency to stop the clock during the out. With its capability of escalating draw the line at an additional 60 days licensing application process. One of clear up to the President, there is a for that kind of consideration? If we our difficulties in arriving at a bill has recognition that this can take a lot can’t do this, we might as well fold up been to eliminate turf battles. The more time. That is how the time ele- our tent and do anything that export- agencies are working very coopera- ment was addressed under the rec- ers want to do. I don’t see why we tively, but there is the potential of who ommendations we had from the dif- ought to have an export process any- will be in charge of what and how long ferent commissions. more. It clearly will not be designed to the delay and who can cause them, A key recommendation of the various protect this country, which was its which changes the balance between the commissions that study our export sys- original design. agencies. This bill has that balance be- tem is to increase the discipline in the I hope history does not prove this is tween agencies. export system. Without deadlines, dis- an even more unwise decision than I The agencies agree—and there will be cipline disappears. Without discipline, fear it might be. The cold war certainly a letter on everyone’s desk—that they the system is unworkable. An undisci- is over, and it has left a country that is have the capability of operating 60 plined system is the same as no system more vulnerable than ever to our own days under this bill. This bill does not at all. The consequences for both our technology. Most of it we are not deal- just give 60 days. It could give 120 days national security and economic inter- ing with today. We are not dealing the way it is written, which in addition ests would be severe. with nontechnology matters. We are to the 30 is 150 days for a process that My colleague mentioned the Cox re- dealing with limited items in a very has been workable in less than 30 days port. The Cox report was done before S. narrow regulatory process. We approve by each of the three main agencies that 149 was done, or even S. 1712 was done. 98 percent of them anyway, even in the have been reviewing the bill. We reviewed those recommendations. regulatory process. The average time it Under this amendment, a single Recommendation No. 31 did suggest takes is 40 days. We can’t stop and take agency could further delay the ap- longer review periods for national secu- a deep breath long enough to make proval of the license based on the com- rity purposes. The Cox Commission sure we are not hurting our country, plexity of analysis and then potentially made that recommendation only with when it takes 40 days on average to get use the other excuse to delay it an- items that are of the greatest national this done? And the overwhelming ma- other 60 days. The bill already provides security concern. For other items, the jority are already approved. for several different ways to stop the Cox Commission strongly rec- We need to reauthorize the Export clock on any bill. The license applicant ommended streamlining the process Administration Act. We need to tight- and the Secretary of Commerce mutu- and providing greater transparency,

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9063 predictability, and certainty. We did This was the recommendation of the Mr. SARBANES. Earlier in the day that, plus building into the system this Cox committee report in 1999, when it when I first spoke on this bill, I don’t system of referrals, that easier process indicated that the existing 30-day limit think the Senator was in the Chamber. of resolving interagency disputes or for departmental license review may be I was very careful to make the point interagency concerns, the ability to es- inadequate for complex requests that that I supported this bill on the basis calate in the process. So that got built could have a lasting national security of my own judgment about its con- into the system at the same time, impact. And since the legislation be- tents. I then went on to add the point which answers some of those concerns. fore us allows only for extensions on a that the administration was supportive S. 149 does not classify items as being limited basis, and we think that it of this bill, and obviously one finds ‘‘of greatest national security concern’’ would be appropriate, for, for example, some comfort in that since much of or ‘‘of lesser national security con- the Defense Department, should it what is in the bill involves the execu- cern.’’ It sets up a risk-based system deem it necessary to have a little more tive branch making it work. So par- that allows the administration to time, that that at least be written into ticularly on a bill such as this, if they make such determinations within the the bill as a possibility. That is what were against it, that would give one bill’s guidelines. Based on past experi- Senator THOMPSON has sought to ac- pause for thought. ence and demonstrated agency data, complish through his amendment. It I simply say to my colleague, it is a both the administration and the bill’s seems to me to be eminently reason- very interesting challenge he puts for- sponsors believe that S. 149’s system, able. Therefore, I urge my colleagues ward. Without anticipating that he by setting mandatory time periods to support this very reasonable amend- would make such a challenge, I was with the existing ‘‘stop the clock’’ ex- ment. very careful in my opening statement ceptions, is the most effective frame- The primary argument I have heard to make the point that my support for work for operating export controls. For about it relates to a political matter; the bill was based on my own judgment that reason, the bill does not include that is, that the White House supports about its provisions having worked that particular and specific aspect of the legislation. We have been advised through it very carefully. Over and the Cox Commission recommendation. that the White House supports the leg- above that judgment, I also, of course, This amendment, although it is por- islation without change. I want to alluded to the fact that the administra- trayed as simple and common sense, comment on that a moment. tion was very supportive of it. undoes the key element of the dis- My friends on the Democratic side of Mr. KYL. Mr. President, I very much cipline in S. 149. It would result in an the aisle, the Senator from Maryland, appreciate that comment from the application system bogged down by bu- for example, in response to something I Senator from Maryland because that is reaucracy and politics, a system in said earlier, wanted to be sure I was the basis on which we should approach which delays are the rule rather than aware of the administration’s support. this legislation—our own evaluation. I the exception. It is not a simple or Indeed, I was. I would like to make this know that because of the Senator’s technical change but would undo the offer to any of my Democratic col- work on this issue. Prior to the strong careful balance of the bill. leagues. I will support this legislation expressions from the administration, I have mentioned what can be a tend- based upon the fact that the adminis- the Senator from Maryland was very ency. What we tried to do with the bill tration supports it if my Democratic supportive of the legislation. I know was escalate the decisions up to the colleagues will commit to me today that he is very truthful in what he just higher levels of government rather that they will do the same for legisla- said. I appreciate that. That is the po- than have the decisions made at the tion that the administration supports. sition each of us should take with re- In other words, if I can get a letter bureaucratic level. We have tried to spect to legislation regardless of which from the Secretary of Defense or the eliminate possibilities that, rather administration is in power at the time Secretary of Commerce or the Sec- than make a decision, people would pi- and whether or not that administra- retary of State on a matter that will geonhole things. This is one of those tion supports the legislation. opportunities to pigeonhole things for come before the Senate in the future, My point is that it is not a sufficient 60 to 120 days, with an undefined but since they regard the administration so argument that we should reject all the good-sounding concern. highly with respect to the EAA and amendments because the administra- I do urge rejection of this amend- suggest that is the reason why this leg- tion supports the bill. We should de- islation should be adopted without ment and ask colleagues on behalf of bate each on the merits. And on the change, then it seems to me, unless the administration to join me in that merits of this amendment, I see no real they are picking and choosing which rejection. opposition. If because these matters of Mr. REID. I suggest the absence of opinion of the administration they re- national security are so important to quorum. gard so highly, they should also regard the United States and there is such a The PRESIDING OFFICER (Mr. highly other opinions of the adminis- background of violations, particularly JOHNSON). The clerk will call the roll. tration and be equally willing to sup- in this area of dual-use technology, of The assistant legislative clerk pro- port those positions. ceeded to call the roll. I am sure that as Senators we all like countries acquiring things and then Mr. KYL. Mr. President, I ask unani- to pick and choose the things on which selling them to somebody else or pro- mous consent that the order for the we agree or don’t agree with any ad- viding them in some other way to an- quorum call be rescinded. ministration. I am a Republican. I hap- other country to proliferate weapons of The PRESIDING OFFICER. Without pen to have a disagreement with the mass destruction inimical to the inter- objection, it is so ordered. administration now and then—not very ests of the United States, because we Mr. KYL. Mr. President, I had indi- often; in fact, very seldom. On this have such a history of that, so many cated earlier that I wanted to speak in matter I do have some disagreement. examples of it, we should be bending favor of the Thompson amendment. I I think it is not a sufficient argu- over backward to ensure that we have do that at this time. ment in and of itself to say that be- proper control over the export of these It has been explained by the Senator cause the administration supports dual-use technologies. And we should from Tennessee. The point is, there are something, therefore we should vote not simply be opening it up to essen- some matters that would be very com- for it and then turn around on a subse- tially free license, and if an agency plicated, very complex. Everyone ac- quent matter which the administration isn’t able to complete its review within knowledges that. It may be that a 30- strongly supports and vote against a 30-day period, the clock runs out and day time for review in that cir- them. I suspect that my Democratic you are deemed to have supported the cumstance would be inadequate. friends more often than not will find export of this particular item. All this amendment does is to say themselves in that position in the fu- That is putting it exactly backward that the department, in that case, ture. because matters of national security could ask for an additional period of Mr. SARBANES. Will the Senator should be our highest test. The rule time, up to 60 days, to review and be yield? should be exactly the opposite. If you able to make its recommendation for Mr. KYL. I am delighted to yield to can’t complete the review in 30 days, export license under the legislation. the Senator from Maryland. then you should get a little more time

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9064 CONGRESSIONAL RECORD — SENATE September 4, 2001 to complete the review, not to be told: issue or how strongly the Department dresses these concerns. It does rep- Sorry, the clock ran out; if you could of Defense may want it, they are not resent a balance, and, as I indicated not get it done in 30 days, no matter going to get any more time, is not wise earlier, we are giving quite extensive how complicated, no matter how im- public policymaking. I urge my col- powers to the executive branch in here. portant the national security interest, leagues to support the Thompson One of the things the business com- the export is allowed. amendment. munity was concerned to get was a That is the problem with taking an The PRESIDING OFFICER. The Sen- framework with some discipline in it approach that if the administration ator from Tennessee. into which they could get an answer. If supports the bill, it can’t be changed in Mr. THOMPSON. What was the unan- you are left hanging, you don’t know any respect. imous consent with regard to the pro- what to do. There are some things about this bill vision of time right before the vote? that should be changed. Representa- The PRESIDING OFFICER. Four So given the provisions for stopping tives of the administration have made minutes evenly divided prior to the the clock that are in there, we think to it clear to the Senator from Tennessee vote. add another 60 days on top of this pe- and myself and others that they recog- Mr. THOMPSON. All right. That was riod would extend the process to such nize there will have to be implementa- my understanding, 2 minutes per side. an extent that the exporters really tion of this legislation by executive The PRESIDING OFFICER. The Sen- could not function in the real world. order. Some of the concerns we have ator is correct. Now if the time period was taking a expressed, they assured us, would be The Senator from Maryland is recog- lot longer to get agency response, we dealt with in this executive order in nized. could be sensitive to that argument. some way or other. I have absolute Mr. SARBANES. Mr. President, I But that is not the case. In any event, confidence in the administration with want to take advantage of these few the very people who are concerned with respect to that. Obviously, they have minutes to address a couple of the making this work, upon whom the bur- not issued any executive order yet. It points the Senator from Arizona den would fall, have indicated that would be premature to do so. raised. they find the time periods that are in But failing to understand what spe- First of all, in fiscal year 2000, the the bill quite acceptable and, in fact, cific things might be addressed, we data indicates that the average time are in opposition to the proposed think it is important to try to fix those for the review of a license by the De- amendment. They are the very ones problems now, and one of the problems partment of Defense was 13 days. The who would have to make the process deals with this question of possibly Department of Energy averaged 22 work. So I think that is also an impor- needing a little more time. I just ask days. The State Department averaged 9 tant consideration to take into ac- my colleague, what could be lost, what days. The 30-day time period that is in count. the bill is identical to the current prac- could be wrong with having a depart- The PRESIDING OFFICER. The Sen- tice under the Executive order. The ment—let’s say the Department of De- ator from Tennessee is recognized. fense, if it says it needs more time—get amendment would add an additional 60 a little more time? This is too serious days in each of two separate cir- Mr. THOMPSON. Mr. President, this to put an arbitrary 30-day clock on and cumstances. amendment does nothing to lessen the say: Sorry, time is up, national secu- Of course, one of the things we were certainty for the exporters. Under the rity be damned; the 30 days ran out, trying to do here was to set up a proc- old law, it is 30 days the agencies have. and the export is allowed to go for- ess whereby applicants could get a de- Under the new law, it will be 30 days. ward. This is the problem with this finitive decision within a defined time- The only difference is that in the case strict provision in the law with no abil- frame. Now there are provisions in the of potential national security, an agen- ity to move out of it. bill to stop the running of a clock, a cy would have additional time. The That is why the Thompson amend- couple of which directly go to the end agency doesn’t have to take that time. ment makes sense. That is why I hope user issue which the Senator from Ari- If the average time for these licenses, my colleagues support the Thompson zona raised, as requiring further time as the Senator described, was 13 days, amendment. It is specifically rec- to ascertain the end user issue. it certainly doesn’t sound like that bu- ommended by the Cox Commission re- There are these exceptions that stop reaucratic mess we heard described port. I believe—and I ask my colleague the clock, as it were, on the time pe- earlier. from Tennessee if my recollection is riod. That involves the identity and re- The PRESIDING OFFICER. I remind correct—the House of Representatives liability of the end user in one instance the Senator that we are now under con- has already incorporated this rec- and additional time to secure the gov- trolled time. ommendation of the Cox committee re- ernment-to-government assurances re- Mr. THOMPSON. I will use my 2 min- port in its legislation. I am not certain. garding end item use. So the very con- utes. It doesn’t sound like that bureau- I ask the Senator from Tennessee for cern that the Senator raised is actually cratic mess we had earlier. These 14- his understanding of that. addressed in the legislation in terms of day cases are streamlined where there Mr. THOMPSON. Yes. The House stopping the clock and providing extra is no controversy. We are trying to committee reported this out with time. deal with a situation where national unanimous consent. I think it is important to underscore security might be involved. You don’t Mr. KYL. Mr. President, that in- that one of the things we were trying know whether or not you want to ob- cludes the provision of the Senator’s to provide to the exporters, which we ject, if you are an agency, until you get amendment in it; is that correct? think is important, was that they into it. Mr. THOMPSON. I believe it is essen- could get an answer within a defined tially the same. period of time. Often they are more I have heard it referred to again that Mr. KYL. Very similar thereto. There concerned in some instances in getting the agencies apparently do not want you have it. It seems to me we are alan answer. They need to know, yes or this, and it may be politically incor- ready making changes to the legisla- no. They are often competing in an en- rect for me to say this, but it is quite tion. We should not be so hidebound to vironment in which they have to find obvious the administration has passed every specific jot and tittle in a bill out whether they can move forward or the word they want this bill passed which is now 327 pages long, very com- not. A department having difficulty without amendments, even to the point plicated, that we can’t make a few with the application can simply say: where they do not want agencies to be changes in this legislation. We think it should be denied. Of given the opportunity to ask for an- I urge my colleagues to consider ex- course, if they say that, you can then other 60 days, even in a matter of na- actly what Senator THOMPSON is pro- start the interagency appeal process tional security. I think that is ex- posing. It is simple and straight- working. But of course that extends tremely unfortunate. forward. It seems to me that for us to over a sustained period of time. It is surprising to me, but apparently just say, no, there is going to be no So we think the framework that is in that is the case. However, it does not extra time, no matter how complex the the legislation really adequately ad- make it right.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9065 I ask my colleagues, in light of the The question is on agreeing to the MORNING BUSINESS proliferation concerns that this coun- motion. Mr. SARBANES. Mr. President, I ask try has, in light of the developing tech- The clerk will call the roll. unanimous consent that the Senate go nology, the fact that it is being pro- The legislative clerk proceeded to into a period of morning business with liferated around the world and posing a call the roll. Senators allowed to speak therein for danger to us, that certainly in this ex- Mr. REID. I announce that the Sen- up to 10 minutes. port licensing process we can afford to ator from Vermont (Mr. JEFFORDS), the The PRESIDING OFFICER. Is there give our agencies, such as the Depart- Senator from Massachusetts (Mr. KEN- objection? Without objection, it is so ment of Defense, a little additional NEDY), the Senator from Washington ordered. time if they have a national security (Mrs. MURRAY), and the Senator from concern. New Jersey (Mr. TORRICELLI) are nec- f It is not going to put anybody out of essarily absent. MARK TO MARKET EXTENSION business, and it is not going to hurt the Mr. NICKLES. I announce that the ACT OF 2001 overall export process. And what if it Senator from Pennsylvania (Mr. Mr. SARBANES. Madam President, does if we are saving something from SANTORUM), the Senator from New on August 1, 2001, the Committee on being exported that otherwise should Hampshire (Mr. GREGG), and the Sen- Banking, Housing and Urban Affairs not be? It is a very simple matter to ator from Alaska (Mr. MURKOWSKI) are took up the Mark-to-Market Extension dispose of, but it is a very important necessarily absent. Act of 2001. matter to get right. The PRESIDING OFFICER. Are there I introduced the Mark-to-Market Ex- I yield the floor. any other Senators in the Chamber de- tension Act of 2001 along with Senators Mr. GRAMM. Mr. President, I yield siring to vote? REED and ALLARD, the chair and rank- myself 2 minutes. The result was announced—yeas, 74, ing member of the Housing and Trans- The PRESIDING OFFICER. The Sen- nays 19, as follows: portation Subcommittee. The bill ator from Texas. [Rollcall Vote No. 274 Leg.] Mr. GRAMM. Mr. President, I have passed the committee by a 21–0 vote YEAS—74 no question about the sincerity of Sen- with an amendment offered by Senator Akaka Craig Leahy ator THOMPSON’s amendment. He has ALLARD. The amendment would require Allard Crapo Levin the GAO, through a series of reports, to worked with us on this bill, and Allen Daschle Lieberman against us to some extent. We have Baucus Dayton Lincoln update Congress on the performance of made 59 changes in the bill to accom- Bayh Dodd Lott the mark-to-market program. Bennett Domenici modate Senator THOMPSON and people Lugar The bill makes some modest changes Biden Dorgan McConnell who share his concerns, but let me ex- Bingaman Durbin in the program, which was originally Mikulski passed in 1997 on a bipartisan basis. plain to my colleagues why this Bond Edwards Miller amendment is not good. Boxer Ensign Nelson (FL) The changes incorporate almost all of Breaux Enzi Nelson (NE) the suggestions made by HUD’s Office We have established a system that Brownback Feinstein Nickles for the first time is giving the security Bunning Fitzgerald of Multifamily Housing Assistance Re- Reed Burns Graham structuring (OHMAR) as well as a num- agencies a voice in this process. We Reid Byrd Gramm ber provided by other stakeholders at have changed the system so one mem- Campbell Hagel Roberts ber of the panel, from any one agency, Cantwell Harkin Rockefeller our June 19 hearing, including the Gen- can vote no, and the process at that Carnahan Hatch Sarbanes eral Accounting Office (GAO). The Schumer point is denied and it has to be ap- Carper Hollings GAO’s thorough review of the program Chafee Hutchison Smith (OR) has proven invaluable, and we will look pealed to a higher level. Cleland Inouye Stabenow It is not like the old system, where Clinton Johnson Stevens to them to continue to work with us to the person from the Department of De- Collins Kerry Thomas keep things on track. Conrad Kohl Wellstone As my colleagues know, we passed fense could express concern but they Corzine Landrieu Wyden could be overridden. Under the current the original Multifamily Assisted system, you just have to have one per- NAYS—19 Housing Reform and Affordability Act son say no and the process either ends Cochran Inhofe Specter of 1997 (MAHRAA) in order to bring or it is bumped up to the next level. DeWine Kyl Thompson down the rising costs of project-based Feingold McCain Thurmond section 8 rental assistance contracts. Finally, we give the President a new Frist Sessions Voinovich national security power that says no Grassley Shelby Warner In many markets these section 8 con- matter what the circumstances are, no Helms Smith (NH) tract rents were higher than the real matter whether a product is mass mar- Hutchinson Snowe market rent in the neighborhood in keted or not, no matter whether a ter- NOT VOTING—7 which the project was located. In order rorist group or a terrorist nation or a Gregg Murkowski Torricelli to save money on these contracts, the would-be adversary could get the prod- Jeffords Murray committee and the Congress chose to uct from any other source, if the Presi- Kennedy Santorum reset those contract rents at the lower dent believes it threatens national se- The motion was agreed to. market levels. curity, it is stopped. Mr. SARBANES. Mr. President, I However, in many cases, these new, What this amendment would do move to reconsider the vote. lower rents were inadequate to pay the would basically terminate the effec- Mr. ENZI. I move to lay that motion federally insured mortgages. So the tiveness to the system by saying that on the table. committee also created a number of at any point anybody believes there is The motion to lay on the table was tools that allow the mortgages to be complexity in the analysis or there is a agreed to. restructured proportionately. The re- potential impact on national security Mr. SARBANES. Mr. President, we structuring process includes a thor- or foreign policy interest, they could are prepared to continue debate on this ough review of the physical condition indefinitely delay. What we want is a measure. of the building, provides that it be ade- decision. Remember, the reviewing of- Mr. President, that is the last vote quately rehabilitated and that ade- ficers can vote no, but we want them to today. If there are Members who wish quate reserves be built in as part of the vote yes or no. That is what the proc- to speak on the bill—earlier I thought building’s new underwriting. This is ess is about. there were and I am now not certain— important because, as part of the deal, I urge my colleagues to defeat this we would be prepared to stay on in the owner makes a long-term commit- amendment. order to get that done and thereby help ment to continue to serve low income I move to table the amendment, and to clear the deck so we can move ahead families. I ask for the yeas and nays. tomorrow with respect to other amend- After getting off to a slow start, the The PRESIDING OFFICER. Is there a ments and towards final passage of this GAO and most other stakeholders sufficient second? legislation. I have no one at the mo- agree that the program has finally got- There is a sufficient second. ment indicating any desire to speak. ten moving, and a much larger number

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9066 CONGRESSIONAL RECORD — SENATE September 4, 2001 of deals are being restructured. HUD The legislation extends the life of and its contribution to our national reports that the program has saved the both the program and the Office for 5 drug control strategy. federal government about $500 million years. I understand that HUD re- f on a present value basis to date. quested a 3 year extension only. How- LOCAL LAW ENFORCEMENT ACT The legislation we have before us in- ever, data from the GAO indicates that OF 2001 cludes a series of purposes designed to there will still be a significant, if de- reiterate Congress’ emphasis on ade- clining, stream of expiring contracts Mr. SMITH of Oregon. Madam Presi- quate rehabilitation and reserves in after the third year of the reauthoriza- dent, I rise today to speak about hate order to meet ongoing affordability tion. Frankly, I see no reason to revisit crimes legislation I introduced with commitments. Similarly, we want to this issue a third time. I would strong- Senator KENNEDY in March of this make sure that expenses are properly ly prefer to make sure this is the last year. The Local Law Enforcement Act calculated, so that rents and mort- time we have to act on this issue. Of of 2001 would add new categories to gages can be set correctly. This is in- course, as we move forward, I would ex- current hate crimes legislation sending cluded in the bill because of concerns pect to continue to discuss these and a signal that violence of any kind is raised by a number of stakeholders, in- other matters, both with the adminis- unacceptable in our society. cluding both residents and owners, that tration and with the House. I would like to describe a terrible these important goals have been short- In closing, this legislation has broad crime that occurred January 28, 1998 in changed. We chose not to burden the bipartisan support. My colleagues and I Webster, MA. A gay man was allegedly program with an overly prescriptive tried to be responsive to the adminis- attacked by two men, one of whom he set of directives regarding these mat- tration and other stakeholders, while met through a gay chat room on the ters. Nonetheless, we expect HUD and ensuring that we maintain a highly Internet. The men also used anti-gay the Office to bear these purposes very skilled staff at the Department. I am epithets. William ‘‘Billy’’ Peters was much in mind as they administer the hopeful that we can move this legisla- arrested in the incident. program. tion quickly through the process. I believe that government’s first duty The bill reauthorizes grants to ten- is to defend its citizens, to defend them f ant and non-profit groups to help resi- against the harms that come out of dents participate in the Mark-to-Mar- SUPPORT FOR FULL FUNDING OF hate. The Local Law Enforcement En- ket process. It calls for independent THE NATIONAL GUARD hancement Act of 2001 is now a symbol rent calculations to determine whether Mr. GRASSLEY. Madam President, I that can become substance. I believe a property should go through the re- rise to express my strong support for that by passing this legislation, we can structuring process, a simple rent re- the National Guard’s counterdrug mis- change hearts and minds as well. duction, or a straightforward contract sion. I am concerned that proposed De- f renewal. This independent assessment partment of Defense, DoD, funding for will be used to set rents for vouchers, ADDITIONAL STATEMENTS the National Guard’s FY–2002 should the owner choose to opt out of Counterdrug Program, State Plans, is the program. Owners will continue to not sufficient to ensure the continu- have the right to appeal the rent set by ance of this valuable service to law en- the independent review. The bill also forcement and local communities, and NAGORNO KARABAGH’S expands the flexibility of the Depart- request that the funding be increased INDEPENDENCE DAY ment to approve market rent excep- $40.7 million, from the President’s ∑ Mr. JOHNSON. Mr. President, I rise tions where necessary. The bill gives the Secretary flexi- $154.3 million request, to a total of $195 today to recognize September 2, 2001, bility to reduce the 25 percent owner million. as the 10th anniversary of Nagorno rehabilitation contribution for the cost The National Guard’s Adjutant Gen- Karabagh’s declaration of independ- of significant additions to a project erals, from the various States, have in- ence. Born from the disintegration of that are required by HUD. This was dicated to the National Guard Bureau, the Soviet Union in the late 1980s, the done in response to a reasonable equity that without a minimum of $195 mil- Republic of Nagorno Karabagh has argument made by the owners. lion budgeted for this program, large faced incredible odds over the past dec- Finally, in consultation with HUD personnel layoffs may occur. My staff ade in its struggle for self-determina- and a number of owners, we include has heard reports that one State may tion, independence, peace, and sta- changes that will expedite refinancing have to downsize by as much as one- bility. of the old mortgages and lengthen the third their personnel. Over ninety per- Many Americans know very little term of the new first mortgages. We cent of the National Guard’s about Nagorno Karabagh. However, the also make adjustments that will allow counterdrug program costs are per- region is culturally rich and histori- the size of the second mortgages to be sonnel-based, and as such, it is ex- cally significant as a bridge between larger, thereby reducing the potential tremely sensitive to variations in fund- Eastern and Western societies. Arme- for cancellation of indebtedness income ing, taking years to recover from any nians have been a distinct political en- rulings by the IRS with their attendant reduction in trained and experienced tity in Artsakh—the traditional Arme- tax penalties. Taken together, these personnel. These reductions affect sup- nian name for the Republic of Nagorno changes will allow the underwriting to ported agencies, including the Customs Karabagh—since the 2nd Century B.C. provide for more rehabilitation, reduce Service, DEA, U.S. Border Patrol, FBI, Christianity in the region grew and the amount of claims taken against the HIDTAs, scores of State and local law strengthened following the construc- FHA fund, and increase the collection enforcement agencies, and community tion of the historic Monastery in Ama- of the second mortgages, thereby sav- based organizations. ras in 330 A.D. Repeatedly destroyed by ing the taxpayer additional funds on I am also concerned about the appar- generations of invaders and rebuilt, the top of the rent savings. ent lack of emphasis, and even Monastery in Amaras currently stands We take HUD’s suggestion and put distancing of itself, by the Department as a symbol of faith and perseverance the Director of OMHAR under the au- of Defense, on the counterdrug mission, for Armenians. thority of the FHA Commissioner, as especially in a year of discussions of in- The Soviet Union’s oppression of did the House Financial Services Com- creased DoD funding for other military independence in the region began in mittee. We keep the provision in cur- mission areas. I sense this repeatedly the 1920s as Nagorno Karabagh and its rent law that establishes higher com- in insufficient funding for the National predominantly Armenian population pensation for OMHAR employees be- Guard and other critical counterdrug were attached to Azerbaijan. Most re- cause we want to retain the highly mission areas, and believe this would cently, Armenians in Nagorno skilled staff. A significant part of the be a poor policy decision and a poor in- Karabagh struggled to fight the rise of reason we are moving this legislation dication of the nation’s priorities. Islamic fundamentalism in the so expeditiously is that we want to sig- I urge my colleagues and the Depart- Cancasus region. nal that staff that it is our intention to ment of Defense to give serious consid- Finally, on September 2, 1991, the Ar- keep them on board and on the job. eration to the National Guard program menians of Nagorno Karabagh declared

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9067 their independence and survived a Land Management administrative site to the erans Affairs, transmitting, a report relative three-year war with Azerbaijan to cre- city of Carson City, Nevada, for use as a sen- to the impacts of recent and ongoing re- ate legitimate government institu- ior center. search; to the Committee on Veterans’ Af- tions. Residents of Nagorno Karabagh H.R. 364. An act to designate the facility of fairs. the United States Postal Service located at EC–3291. A communication from the Direc- have participated in national elections 5927 Southwest 70th Street in Miami, Flor- tor of the Administrative Office of the for parliament and president since ida, as the ‘‘Marjory Williams Scrivens Post United States Courts, transmitting, pursu- then. Office.’’ ant to law, a report deciding habeas corpus Many challenges face the Republic of H.R. 427. An act to provide further protec- death penalty petitions for the period begin- Nagorno Karabagh and Armenians in tions for the watershed of the Little Sandy ning July 1, 2001 through June 30, 2001; to the the region. I applaud efforts under- River as part of the Bull Run Watershed Committee on the Judiciary. Management Unit, Oregon, and for other EC–3292. A communication from the Acting taken earlier this year to bring to- Assistant Attorney General for Administra- gether Armenia and Azerbaijan in Key purposes. H.R. 558. An act to designate the Federal tion, Justice Management Division, Depart- West, Florida, to discuss a peaceful end building and United States courthouse lo- ment of Justice, transmitting, pursuant to to the Nagorno Karabagh conflict. As cated at 504 West Hamilton Street, in Allen- law, the report of a rule entitled ‘‘Nation- Secretary of State Powell noted, town, Pennsylvania, as the ‘‘Edward N. Cahn wide Joint Automated Booking System’’ ‘‘achieving a durable and mutually ac- Federal Building and United States Court- (DOJ–005) received on August 9, 2001; to the house.’’ Committee on the Judiciary. ceptable resolution to Armenia’s con- EC–3293. A communication from the Ad- H.R. 821. An act to designate the facility of flict with Azerbaijan over Nagorno ministrator of the General Service Adminis- the United States Postal Service located at Karabagh is key to several US inter- tration, transmitting, pursuant to law, a re- 1030 South Church Street in Asheboro, North ests.’’ In addition to helping to restore port relative to the Federal Employees Clean Carolina, as the ‘‘W. Joe Trogdon Post Office stability in the Caucasus region, a last- Air Incentives Act for Fiscal Years 2000 and Building.’’ 2001; to the Committee on Governmental Af- ing peace agreement would allow Ar- H.R. 988, An act to designate the United menia to improve its relations with fairs. States courthouse located at 40 Centre EC–3294. A communication from the Execu- Turkey and focus much of its economic Street in New York, New York, as the tive Director of the Committee for Purchase resources on internal development and ‘‘Thurgood Marshall United States Court- from People Who are Blind or Severely Dis- social improvements. house.’’ abled, transmitting, pursuant to law, the re- As a member of the Senate Foreign H.R. 1183. An act to designate the facility port of additions to the procurement list re- Operations Appropriations Sub- of the United States Postal Service located ceived on August 8, 2001; to the Committee committee, I will continue to work to at 113 South Main Street in Sylvania, Geor- on Governmental Affairs. gia, as the ‘‘G. Elliot Hagan Post Office secure funding to support a settlement EC–3295. A communication from the Direc- Building.’’ tor of Employee Benefits, AgriBank, trans- of the Nagorno Karabagh conflict. H.R. 1753. An act to designate the facility mitting, pursuant to law, the annual report These funds are critical to the peace of the United States Postal Service located disclosing the financial condition of the Re- process and to post-settlement recon- at 419 Rutherford Avenue, N.E., in Roanoke, tirement Plan for the Employees of the Sev- struction in Azerbaijan and Armenia as Virginia, as the ‘‘M. Caldwell Butler Post Of- enth Farm Credit District and the audited fi- part of a coordinated international fice Building.’’ nancial statements for Fiscal Year 2000; to donor effort. H.R. 2043. An act to designate the facility the Committee on Governmental Affairs. Again, I commend the Armenians of of the United States Postal Service located EC–3296. A communication from the Acting at 2719 South Webster Street in Kokomo, In- Assistant Secretary of Health Affairs, De- the Republic of Nagorno Karabagh for diana, as the ‘‘Elwood Haynes ‘Bud’ Hillis partment of Defense, transmitting, pursuant their courage and perseverance on this Post Office Building.’’ to law, a report relative to the Anti-Defi- anniversary of their independence. I H.R. 2213. An act to respond to the con- ciency Act; to the Committee on Appropria- look forward to years of peace and eco- tinuing economic crisis adversely affecting tions. nomic vitality in the region.∑ American agricultural producers. EC–3297. A communication from the Acting Director of the Office of Surface Mining, De- f Under the authority of the order of partment of the Interior, transmitting, pur- MESSAGES FROM THE PRESIDENT the Senate of January 3, 2001, the en- suant to law, the report of a rule entitled rolled bills were signed by the Presi- ‘‘Indiana Regulatory Program’’ (IN–151–FOR) Messages from the President of the dent pro tempore (Mr. BYRD) on August received on August 10, 2001; to the Com- United States were communicated to 8, 2001. mittee on Energy and Natural Resources. the Senate by Ms. Evans, one of his EC–3298. A communication from the Acting secretaries. f Director of the Office of Surface Mining, De- f MEASURES PLACED ON THE partment of the Interior, transmitting, pur- CALENDAR suant to law, the report of a rule entitled EXECUTIVE MESSAGES REFERRED ‘‘Arkansas Regulatory Program’’ (AR–038– The following bill was read the sec- As in executive session the Presiding FOR) received on August 10, 2001; to the ond time, and placed on the calendar: Officer laid before the Senate messages Committee on Energy and Natural Re- H.R. 4. An act to enhance energy conserva- sources. from the President of the United EC–3299. A communication from the Acting States submitting sundry nominations tion, research and development and to provide for security and diversity in the energy Director of the Office of Surface Mining, De- which were referred to the appropriate supply for the American people, and for partment of the Interior, transmitting, pur- committees. other purposes. suant to law, the report of a rule entitled (The nominations received today are ‘‘Pennsylvania Regulatory Program’’ (PA– f printed at the end of the Senate pro- 133–FOR) received on August 10, 2001; to the ceedings.) EXECUTIVE AND OTHER Committee on Energy and Natural Re- sources. f COMMUNICATIONS EC–3300. A communication from the Group MESSAGE FROM THE HOUSE The following communications were Vice President, Structured and Trade Fi- laid before the Senate, together with nance, Export-Import Bank of the United Under the authority of the order of accompanying papers, reports, and doc- States, transmitting, pursuant to law, a re- the Senate of January 3, 2001, the Sec- uments, which were referred as indi- port relative to a transaction involving U.S. retary of the Senate, on August 8, 2001, exports to the Republic of Korea; to the cated: during the recess of the Senate, re- Committee on Banking, Housing, and Urban ceived a message from the House of EC–3289. A communication from the Dep- Affairs. uty Assistant Secretary, Office of Workforce Representatives announcing that the EC–3301. A communication from the Chair- Security, Department of Labor, transmit- man and President of the Export-Import Speaker has signed the following en- ting, pursuant to law, the report of a rule en- Bank of the United States, transmitting, rolled bills: titled ‘‘Labor Certification Process for the pursuant to law, a report relative to a trans- H.R. 93. An act to amend title 5, United Permanent Employment of Aliens in the action involving U.S. exports to Mexico; to States Code, to provide that the mandatory United States; Refiling of Applications’’ the Committee on Banking, Housing, and separation age for Federal firefighters be (RIN1205–AB25) received on August 7, 2001; to Urban Affairs. made the same as the age that applies with the Committee on Health, Education, Labor, EC–3302. A communication from the Direc- respect to Federal law enforcement officers. and Pensions. tor of the Export-Import Bank of the United H.R. 271. An act to direct the Secretary of EC–3290. A communication from the Under States, transmitting, pursuant to law, a re- the Interior to convey a former Bureau of Secretary for Health, Department of Vet- port relative to a transaction involving U.S.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9068 CONGRESSIONAL RECORD — SENATE September 4, 2001 exports to the Republic of Korea; to the the report of a rule entitled ‘‘Implementa- Engineering, received on August 7, 2001; to Committee on Banking, Housing, and Urban tion of Public Law 105–34, Section 1417, Re- the Committee on Armed Services. Affairs. lated to the Use of Additional Ameliorating EC–3326. A communication from the Assist- EC–3303. A communication from the Gen- Material in Certain Wines’’ (RIN1512–AB78) ant Director for Executive and Political Per- eral Counsel of the Federal Emergency Man- received on August 7, 2001; to the Committee sonnel, Department of Defense, transmit- agement Agency, transmitting, pursuant to on Finance. ting, pursuant to law, the report of the dis- law, the report of a rule entitled ‘‘Changes in EC–3314. A communication from the Chief continuation of service in acting role for the Flood Elevation Determinations’’ (Doc. No. of the Regulations Division, Bureau of Alco- position of Assistant Secretary for Inter- FEMA–D–7511) received on August 7, 2001; to hol, Tobacco and Firearms, Department of national Security Affairs, received on Au- the Committee on Banking, Housing, and the Treasury, transmitting, pursuant to law, gust 7, 2001; to the Committee on Armed Urban Affairs. the report of a rule entitled ‘‘Liquors and Ar- Services. EC–3304. A communication from the Gen- ticles From Puerto Rico and the Virgin Is- EC–3327. A communication from the Alter- eral Counsel of the Federal Emergency Man- lands; Recodification of Regulations’’ nate Liaison Officer, Office of the Secretary, agement Agency, transmitting, pursuant to (RIN1512–AC40) received on August 7, 2001; to Department of Defense, transmitting, pursu- law, the report of a rule entitled ‘‘Final the Committee on Finance. ant to law, the report of a rule entitled Flood Elevation Determinations’’ (66 FR EC–3315. A communication from the Sec- ‘‘Transactions Other Than Contracts, 39112) received on August 7, 2001; to the Com- retary of Health and Human Services, trans- Grants, or Cooperative Agreements for Pro- totype Projects’’ (RIN0790–AG79) received on mittee on Banking, Housing, and Urban Af- mitting, pursuant to law, a report on the August 13, 2001; to the Committee on Armed fairs. Medicare Ambulance Service Demonstration; EC–3305. A communication from the Acting Services. to the Committee on Finance. EC–3328. A communication from the Alter- Chairman of the Securities and Exchange EC–3316. A communication from the Chief nate Liaison Officer, Office of the Secretary, Commission, transmitting, pursuant to law, of the Regulations Unit, Internal Revenue Department of Defense, transmitting, pursu- the Annual Report of the Securities Investor Service, Department of the Treasury, trans- ant to law, the report of a rule entitled ‘‘Ci- Protection Corporation for Fiscal Year 2000; mitting, pursuant to law, the report of a rule vilian Health and Medical Program of the to the Committee on Banking, Housing, and entitled ‘‘July-September 2001 Bond Factor Uniformed Services (CHAMPUS); TRICARE Urban Affairs. Amounts’’ (Rev. Rul. 2001–37) received on Au- Prime Enrollment’’ (RIN0720–AA59) received EC–3306. A communication from the Gen- gust 8, 2001; to the Committee on Finance. on August 13, 2001; to the Committee on eral Counsel of the Federal Emergency Man- EC–3317. A communication from the Chief Armed Services. agement Agency, transmitting, pursuant to of the Regulations Unit, Internal Revenue EC–3329. A communication from the Alter- law, the report of a rule entitled ‘‘Changes in Service, Department of the Treasury, trans- nate Liaison Officer, Office of the Secretary, Flood Elevation Determinations’’ (66 FR mitting, pursuant to law, the report of a rule Department of Defense, transmitting, pursu- 39108) received on August 7, 2001; to the Com- entitled ‘‘Bureau of Labor Statistics Price ant to law, the report of a rule entitled mittee on Banking, Housing, and Urban Af- Indexes for Department Stores—June 2001’’ ‘‘TRICARE; Civilian Health and Medical Pro- fairs. (Rev. Rul. 2001–41) received on August 8, 2001; gram of the Uniformed Services EC–3307. A communication from the Assist- to the Committee on Finance. (CHAMPUS); Nonavailability Statement Re- ant Secretary for Export Administration, EC–3318. A communication from the Chief quirement for Maternity Care’’ (RIN0720– Bureau of Export Administration, Depart- of the Regulations Unit, Internal Revenue AA55) received on August 13, 2001; to the ment of Commerce, transmitting, pursuant Service, Department of the Treasury, trans- Committee on Armed Services. to law, the report of a rule entitled ‘‘Revi- mitting, pursuant to law, the report of a rule EC–3330. A communication from the Alter- sions to the Export Administration Regula- entitled ‘‘Future of Employee Plans Deter- nate Liaison Officer, Office of the Secretary, tions; Country Group E:1; License Exception mination Letter Program’’ (Ann. 2001–83) re- Department of Defense, transmitting, pursu- TMP’’ (RIN0694–AB76) received on August 10, ceived on August 9, 2001; to the Committee ant to law, the report of a rule entitled ‘‘Ci- 2001; to the Committee on Banking, Housing, on Finance. vilian Health and Medical Program of the and Urban Affairs. EC–3319. A communication from the Chief Uniformed Services (CHAMPUS); Expansion EC–3308. A communication from the Spe- of the Regulations Unit, Internal Revenue of Dependent Eligibility for TRICARE Re- cial Assistant to the Federal Reserve Board, Service, Department of the Treasury, trans- tiree Dental Program’’ (0720–AA54) received transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule on August 13, 2001; to the Committee on a rule entitled ‘‘Regulation H—Membership entitled ‘‘Deposits of Excise Taxes’’ Armed Services. of State Banking Institutions in the Federal (RIN1545–AX11) received on August 9, 2001; to EC–3331. A communication from the Alter- Reserve System: Financial Subsidiaries’’ the Committee on Finance. nate Liaison Officer, Office of the Secretary, (Doc. No. R–1064) received on August 14, 2001; EC–3320. A communication from the Chief Department of Defense, transmitting, pursu- to the Committee on Banking, Housing, and of the Regulations Unit, Internal Revenue ant to law, the report of a rule entitled ‘‘Ci- Urban Affairs. Service, Department of the Treasury, trans- vilian Health and Medical Program of the EC–3309. A communication from the Chief mitting, pursuant to law, the report of a rule Uniformed Services (CHAMPUS); Enhance- of the Regulations Unit, Internal Revenue entitled ‘‘Weighted Average Interest Rate ment of Dental Benefits Under the TRICARE Service, Department of the Treasury, trans- Update Notice’’ (Not. 2001–48) received on Au- Retiree Dental Program’’ (RIN0720–AA61) re- mitting, pursuant to law, the report of a rule gust 14, 2001; to the Committee on Finance. ceived on August 13, 2001; to the Committee entitled ‘‘Mesa Oil Inc. v. United States’’ re- EC–3321. A communication from the Sec- on Armed Services. EC–3332. A communication from the Alter- ceived on August 2, 2001; to the Committee retary of Defense, transmitting, the report of nate Liaison Officer, Office of the Secretary, on Finance. a retirement; to the Committee on Armed Department of Defense, transmitting, pursu- EC–3310. A communication from the Chief Services. ant to law, the report of a rule entitled ‘‘Ci- of the Regulations Unit, Internal Revenue EC–3322. A communication from the Acting vilian Health and Medical Program of the Service, Department of the Treasury, trans- Assistant Secretary of Health Affairs, De- Uniformed Services (CHAMPUS); Prosthetic mitting, pursuant to law, the report of a rule partment of Defense, transmitting, pursuant Devices’’ (RIN0720–AA49) received on August entitled ‘‘Modification of Tax Shelter Rules to law, the Report on the Third Party Collec- 13, 2001; to the Committee on Armed Serv- II’’ (RIN1545–BA04) received on August 3, tions Program for Fiscal Year 2000; to the ices. 2001; to the Committee on Finance. Committee on Armed Services. EC–3333. A communication from the Alter- EC–3311. A communication from the Chief EC–3323. A communication from the Assist- nate Liaison Officer, Office of the Secretary, of the Regulations Unit, Internal Revenue ant Director for Executive and Political Per- Department of Defense, transmitting, pursu- Service, Department of the Treasury, trans- sonnel, Department of Defense, transmit- ant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of the dis- ‘‘Compensation of Certain Former entitled ‘‘Modified Endowment Contract Cor- continuation of service in acting role for the Operatives Incarcerated by the Democratic rection Program Extension’’ (Rec. Proc. position of Director of Operational Test and Republic of Vietnam’’ (RIN0790–AG67) re- 2001–42) received on August 7, 2001; to the Evaluation, received on August 7, 2001; to the ceived on August 13, 2001; to the Committee Committee on Finance. Committee on Armed Services. on Armed Services. EC–3312. A communication from the Chief EC–3324. A communication from the Assist- EC–3334. A communication from the Alter- of the Regulations Division, Bureau of Alco- ant Director for Executive and Political Per- nate Liaison Officer, Office of the Secretary, hol, Tobacco and Firearms, Department of sonnel, Department of the Air Force, trans- Department of Defense, transmitting, pursu- the Treasury, transmitting, pursuant to law, mitting, pursuant to law, the report of a ant to law, the report of a rule entitled the report of a rule entitled ‘‘Manufacture of nomination for the position of Assistant Sec- ‘‘TRICARE; Civilian Health and Medical Pro- Tobacco Products and Cigarette Paper and retary of Acquisition, received on August 7, gram of the Uniformed Services Tubes, Recodification of Regulations’’ 2001; to the Committee on Armed Services. (CHAMPUS); Bonus Payments in Medically (RIN1512–AC39) received on August 7, 2001; to EC–3325. A communication from the Assist- Underserved Areas’’ (RIN0720–AA60) received the Committee on Finance. ant Director for Executive and Political Per- on August 13, 2001; to the Committee on EC–3313. A communication from the Chief sonnel, Department of Defense, transmit- Armed Services. of the Regulations Division, Bureau of Alco- ting, pursuant to law, the report of the dis- EC–3335. A communication from the Assist- hol, Tobacco and Firearms, Department of continuation of service in acting role for the ant Secretary of Legislative Affairs, Depart- the Treasury, transmitting, pursuant to law, position of Director of Defense Research and ment of State, transmitting, pursuant to the

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9069 Arms Export Control Act, the report of a EC–3346. A communication from the Assist- 7, 2001; to the Committee on Agriculture, Nu- certification of a proposed license for the ex- ant Secretary of Legislative Affairs, Depart- trition, and Forestry. port of major defense equipment sold under ment of State, transmitting, pursuant to the EC–3357. A communication from the Con- contract in the amount of $14,000,000 or more Arms Export Control Act, the report of a gressional Review Coordinator, Animal and to Austria; to the Committee on Foreign Re- proposed Manufacturing License with Japan; Plant Health Inspection Service, Department lations. to the Committee on Foreign Relations. of Agriculture, transmitting, pursuant to EC–3336. A communication from the Assist- EC–3347. A communication from the Assist- law, the report of a rule entitled ‘‘Asian ant Secretary of Legislative Affairs, Depart- ant Secretary of Legislative Affairs, Depart- Longhorned Beetle; Additions to Quar- ment of State, transmitting, pursuant to the ment of State, transmitting, pursuant to the antined Areas’’ (Doc. No. 00–077–2) received Arms Export Control Act, the report of a Arms Export Control Act, the report of a on August 7, 2001; to the Committee on Agri- proposed license for the export of defense ar- proposed license for the export of defense ar- culture, Nutrition, and Forestry. ticles or services sold commercially under ticles or services sold commercially under EC–3358. A communication from the Prin- contract in the amount of $50,000,000 or more contract in the amount of $50,000,000 or more cipal Deputy Associate Administrator of the to the United Kingdom and Saudi Arabia; to to Japan; to the Committee on Foreign Rela- Environmental Protection Agency, transmit- the Committee on Foreign Relations. tions. ting, pursuant to law, the report of a rule en- EC–3337. A communication from the Assist- EC–3348. A communication from the Assist- titled ‘‘Ethalfuralin; Pesticide Tolerances ant Secretary of Legislative Affairs, Depart- ant Secretary of Legislative Affairs, Depart- for Emergency Exemptions’’ (FRL6793–2) re- ment of State, transmitting, pursuant to the ment of State, transmitting, pursuant to the ceived on August 8, 2001; to the Committee Arms Export Control Act, the report of a Arms Export Control Act, the report of a on Agriculture, Nutrition, and Forestry. proposed license for the export of defense ar- proposed license for the export of defense ar- EC–3359. A communication from the Con- ticles or services sold commercially under ticles or services sold commercially under gressional Review Coordinator, Animal and contract in the amount of $50,000,000 or more contract in the amount of $50,000,000 or more Plant Health Inspection Service, Department to Belgium; to the Committee on Foreign to Italy; to the Committee on Foreign Rela- of Agriculture, transmitting, pursuant to Relations. tions. law, the report of a rule entitled ‘‘Importa- EC–3338. A communication from the Assist- EC–3349. A communication from the Assist- tion Prohibitions Because of Bovine ant Secretary of Legislative Affairs, Depart- ant Secretary of Legislative Affairs, Depart- Spongiform Encephalopathy’’ (Doc. No. 00– ment of State, transmitting, pursuant to the ment of State, transmitting, pursuant to the 121–1) received on August 10, 2001; to the Arms Export Control Act, the report of a Arms Export Control Act, the report of a Committee on Agriculture, Nutrition, and proposed license for the export of defense ar- proposed license for the export of defense ar- Forestry. ticles or services sold commercially under ticles or services sold commercially under EC–3360. A communication from the Prin- contract in the amount of $50,000,000 or more contract in the amount of $50,000,000 or more cipal Deputy Associate Administrator of the to Italy; to the Committee on Foreign Rela- to Greece; to the Committee on Foreign Re- Environmental Protection Agency, transmit- tions. lations. ting, pursuant to law, the report of a rule en- EC–3339. A communication from the Assist- EC–3350. A communication from the Assist- titled ‘‘2-Propenoic Acid, Polymer with 2- ant Secretary of Legislative Affairs, Depart- ant Secretary of Legislative Affairs, Depart- Propenamide, Sodium Salt; Tolerance Ex- ment of State, transmitting, pursuant to the ment of State, transmitting, pursuant to the emption’’ (FRL6794–7) received on August 14, Arms Export Control Act, the report of a Arms Export Control Act, the report of a 2001; to the Committee on Agriculture, Nu- proposed Manufacturing License with Can- proposed license for the export of defense ar- trition, and Forestry. ada; to the Committee on Foreign Relations. ticles or services sold commercially under EC–3361. A communication from the Prin- EC–3340. A communication from the Assist- contract in the amount of $50,000,000 or more cipal Deputy Associate Administrator of the ant Secretary of Legislative Affairs, Depart- to Kazakhstan; to the Committee on Foreign Environmental Protection Agency, transmit- ment of State, transmitting, pursuant to the Relations. ting, pursuant to law, the report of a rule en- Arms Export Control Act, the report of a EC–3351. A communication from the Assist- titled ‘‘2-Propenoic Acid, Sodium Salt, Poly- proposed license for the export of defense ar- ant Secretary of Legislative Affairs, Depart- mer with 2-Propenamide; Tolerance Exemp- ticles or services sold commercially under ment of State, transmitting, pursuant to the tion’’ (FRL6794–8) received on August 14, contract in the amount of $50,000,000 or more Arms Export Control Act, the report of a 2001; to the Committee on Agriculture, Nu- to Canada; to the Committee on Foreign Re- proposed license for the export of defense ar- trition, and Forestry. lations. ticles or services sold commercially under EC–3362. A communication from the Prin- EC–3341. A communication from the Assist- contract in the amount of $50,000,000 or more cipal Deputy Associate Administrator of the ant Secretary of Legislative Affairs, Depart- to Baikonur, Kazakhstan and Moscow, Rus- Environmental Protection Agency, transmit- ment of State, transmitting, pursuant to the sia; to the Committee on Foreign Relations. ting, pursuant to law, the report of a rule en- Arms Export Control Act, the report of a EC–3352. A communication from the Assist- titled ‘‘B–D Glucuronidase from E.Coli and proposed license for the export of defense ar- ant Secretary of Legislative Affairs, Depart- Genetic Material Necessary for its Produc- ticles or services sold commercially under ment of State, transmitting, pursuant to the tion Plant Pesticide Inert Ingredient; Ex- contract in the amount of $50,000,000 or more Arms Export Control Act, the report of a emption from the Requirement of a Toler- to Guiana; to the Committee on Foreign Re- proposed license for the export of defense ar- ance’’ (FRL6782–8) received on August 14, lations. ticles or services sold commercially under 2001; to the Committee on Agriculture, Nu- EC–3342. A communication from the Assist- contract in the amount of $50,000,000 or more trition, and Forestry. ant Secretary of Legislative Affairs, Depart- to Baikonur, Kazakhstan and Korou, French EC–3363. A communication from the Prin- ment of State, transmitting, pursuant to the Guiana; to the Committee on Foreign Rela- cipal Deputy Associate Administrator of the Arms Export Control Act, the report of a tions. Environmental Protection Agency, transmit- proposed license for the export of defense ar- EC–3353. A communication from the Assist- ting, pursuant to law, the report of a rule en- ticles or services sold commercially under ant Secretary of Legislative Affairs, Depart- titled ‘‘Bifenazate; Pesticide Tolerances for contract in the amount of $50,000,000 or more ment of State, transmitting, pursuant to Emergency Exemptions’’ (FRL6793–3) re- to Israel; to the Committee on Foreign Rela- law, the report of the intent to obligate ceived on August 14, 2001; to the Committee tions. funds for purposes of Nonproliferation and on Agriculture, Nutrition, and Forestry. EC–3343. A communication from the Assist- Disarmament Funds activities; to the Com- EC–3364. A communication from the Prin- ant Secretary of Legislative Affairs, Depart- mittee on Foreign Relations. cipal Deputy Associate Administrator of the ment of State, transmitting, pursuant to the EC–3354. A communication from the Assist- Environmental Protection Agency, transmit- Arms Export Control Act, the report of a ant Secretary of Legislative Affairs, Depart- ting, pursuant to law, the report of a rule en- proposed Manufacturing License with Japan; ment of State, transmitting, pursuant to the titled ‘‘Revocation of Unlimited Tolerance to the Committee on Foreign Relations. Arms Export Control Act, the report of For- Exemptions’’ (FRL6793–5) received on August EC–3344. A communication from the Assist- eign Military Financing with Egypt; to the 14, 2001; to the Committee on Agriculture, ant Secretary of Legislative Affairs, Depart- Committee on Foreign Relations. Nutrition, and Forestry. ment of State, transmitting, pursuant to the EC–3355. A communication from the Assist- EC–3365. A communication from the Prin- Arms Export Control Act, the report of a ant Legal Advisor for Treaty Affairs, Depart- cipal Deputy Associate Administrator of the proposed Manufacturing License with the ment of State, transmitting, pursuant to Environmental Protection Agency, transmit- United Kingdom; to the Committee on For- law, the report of the texts and background ting, pursuant to law, a report entitled ‘‘Im- eign Relations. statements or international agreements, plementation Guidance for the Stage I Dis- EC–3345. A communication from the Assist- other than treaties; to the Committee on infectants/Disinfection By Product Rule’’; to ant Secretary of Legislative Affairs, Depart- Foreign Relations. the Committee on Environment and Public ment of State, transmitting, pursuant to the EC–3356. A communication from the Con- Works. Arms Export Control Act, the report of a gressional Review Coordinator, Animal and EC–3366. A communication from the Prin- proposed license for the export of defense ar- Plant Health Inspection Service, Department cipal Deputy Associate Administrator of the ticles or services sold commercially under of Agriculture, transmitting, pursuant to Environmental Protection Agency, transmit- contract in the amount of $50,000,000 or more law, the report of a rule entitled ‘‘Veterinary ting, pursuant to law, a report entitled ‘‘Im- to the Netherlands; to the Committee on Services User Fees; Fees for Permit Applica- plementation Guidance for the Interim En- Foreign Relations. tions’’ (Doc. No. 99–060–2) received on August hanced Surface Water Treatment Rule’’; to

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9070 CONGRESSIONAL RECORD — SENATE September 4, 2001 the Committee on Environment and Public nating CSO Long-Term Planning with Water ties’’ (RIN2120–AH15) received on August 7, Works. Quality Standards Reviews’’; to the Com- 2001; to the Committee on Commerce, EC–3367. A communication from the Prin- mittee on Environment and Public Works. Science, and Transportation. cipal Deputy Associate Administrator of the EC–3377. A communication from the Prin- EC–3386. A communication from the Acting Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the Administrator and Deputy Under Secretary ting, pursuant to law, a report entitled Environmental Protection Agency, transmit- for Oceans and Atmosphere, Department of ‘‘Lead Awareness (Educational) Outreach for ting, pursuant to law, a report entitled Commerce, transmitting, pursuant to law, Native American Tribes; Notice of Funds ‘‘Guidance: Coordinating CSO Long-Term the Annual Report of the Coastal Zone Man- Availability’’; to the Committee on Environ- Planning with Water Quality Standards Re- agement Fund for the National Oceanic and ment and Public Works. views’’; to the Committee on Environment Atmospheric Administration for Fiscal Year EC–3368. A communication from the Prin- and Public Works. 2000; to the Committee on Commerce, cipal Deputy Associate Administrator of the EC–3378. A communication from the Prin- Science, and Transportation. Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the EC–3387. A communication from the Acting ting, pursuant to law, a report entitled Environmental Protection Agency, transmit- Assistant Administrator for Fisheries, Na- ‘‘Baseline Assessment of Existing Exposure ting, pursuant to law, the report of a rule en- tional Marine Fisheries Service, Department and Risks Exposure to Lead Poisoning of Na- titled ‘‘Standards of Performance for Elec- of Commerce, transmitting, pursuant to law, tive American Children; Notice of Avail- tric Utility Steam Generating Units for the report of a rule entitled ‘‘Fisheries Off ability’’; to the Committee on Environment Which Construction is Commenced After West Coast States and in the Western Pa- and Public Works. September 18, 1978; and Standards of Per- cific; Coastal Pelagic Species Fisheries; An- EC–3369. A communication from the Prin- formance for Industrial-Commercial-Institu- nual Specifications; Pacific Mackerel Fish- cipal Deputy Associate Administrator of the tional Steam Generating Units’’ (FRL7033–8) ery’’ (RIN0648–AP01) received on August 7, Environmental Protection Agency, transmit- received on August 14, 2001; to the Com- 2001; to the Committee on Commerce, ting, pursuant to law, a report entitled ‘‘So- mittee on Environment and Public Works. Science, and Transportation. licitation of Applications for Lead Based EC–3379. A communication from the Prin- EC–3388. A communication from the Asso- Paint Program Grants; Notice of Avail- cipal Deputy Associate Administrator of the ciate Administrator for Procurement, Na- ability’’; to the Committee on Environment Environmental Protection Agency, transmit- tional Aeronautics and Space Administra- and Public Works. ting, pursuant to law, the report of a rule en- tion, transmitting, pursuant to law, the re- EC–3370. A communication from the Prin- titled ‘‘Guidelines for Direct Implementation port of a rule entitled ‘‘Investigations of cipal Deputy Associate Administrator of the Tribal Cooperative Agreements (DITCAs) for Suspected Forced or Indentured Child Environmental Protection Agency, transmit- Fiscal Year 2001’’ received on August 14, 2001; Labor’’ (48 CFR 1822) received on August 7, ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- 2001; to the Committee on Commerce, titled ‘‘Approval and Promulgation of Air lic Works. Science, and Transportation. Quality Implementation Plans; Montana’’ EC–3380. A communication from the Prin- EC–3389. A communication from the Asso- (FRL7026–3) received on August 8, 2001; to the cipal Deputy Associate Administrator of the ciate Administrator for Procurement, Na- Committee on Environment and Public Environmental Protection Agency, transmit- tional Aeronautics and Space Administra- Works. ting, pursuant to law, the report of a rule en- tion, transmitting, pursuant to law, the re- EC–3371. A communication from the Prin- titled ‘‘Approval and Promulgation of State port of a rule entitled ‘‘Property Reporting cipal Deputy Associate Administrator of the Implementation Plans; Wisconsin’’ Requirements’’ (48 CFR Parts 1845 and 1852) Environmental Protection Agency, transmit- (FRL7029–3) received on August 14, 2001; to received on August 7, 2001; to the Committee ting, pursuant to law, the report of a rule en- the Committee on Environment and Public on Commerce, Science, and Transportation. titled ‘‘Final Authorization of State Haz- Works. EC–3390. A communication from the Sec- ardous Waste Management Program Revi- EC–3381. A communication from the Spe- retary of Commerce, transmitting, pursuant sion’’ (FRL7029–1) received on August 8, 2001; cial Assistant to the Bureau Chief, Mass to law, a report relative to Grant-In-Aid for to the Committee on Environment and Pub- Media Bureau, Federal Communications Fisheries Program Report for calendar year lic Works. Commission, transmitting, pursuant to law, 1999; to the Committee on Commerce, EC–3372. A communication from the Prin- the report of a rule entitled ‘‘Amendment of Science, and Transportation. cipal Deputy Associate Administrator of the Section 73.202(b), Table of Allotments, FM EC–3391. A communication from the Acting Environmental Protection Agency, transmit- Broadcast Stations (Bordelonville, LA)’’ Chairman of the National Transportation ting, pursuant to law, the report of a rule en- (Doc. No. 01–68) received on August 7, 2001; to Safety Board, transmitting, pursuant to law, titled ‘‘Hazardous Waste Management Sys- the Committee on Commerce, Science, and the Annual Reports for 1998 and 1999; to the tem; Identification and Listing of Hazardous Transportation. Committee on Commerce, Science, and Waste; Final Exclusion’’ (FRL7025–8) re- EC–3382. A communication from the Senior Transportation. ceived on August 8, 2001; to the Committee Legal Advisor to the Bureau Chief, Mass EC–3392. A communication from the Acting on Environment and Public Works. Media Bureau, Federal Communications Director of the Office of Sustainable Fish- EC–3373. A communication from the Prin- Commission, transmitting, pursuant to law, eries, National Marine Fisheries Service, De- cipal Deputy Associate Administrator of the the report of a rule entitled ‘‘Amendment of partment of Commerce, transmitting, pursu- Environmental Protection Agency, transmit- Section 73.202(b), Table of Allotments, FM ant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- Broadcast Stations (Alamo Community, New ‘‘Fisheries of the Exclusive Economic Zone titled ‘‘OMB Approvals Under the Paperwork Mexico)’’ (Doc. No. 00–158) received on Au- Off Alaska—Closes Shallow-Water Species Reduction Act; Technical Amendment’’ gust 7, 2001; to the Committee on Commerce, Fishery Using Trawl Gear, Gulf of Alaska’’ (FRL7028–2) received on August 8, 2001; to the Science, and Transportation. received on August 13, 2001; to the Com- Committee on Environment and Public EC–3383. A communication from the Senior mittee on Commerce, Science, and Transpor- Works. Legal Advisor to the Bureau Chief, Mass tation. EC–3374. A communication from the Prin- Media Bureau, Federal Communications EC–3393. A communication from the Acting cipal Deputy Associate Administrator of the Commission, transmitting, pursuant to law, Director of the Office of Sustainable Fish- Environmental Protection Agency, transmit- the report of a rule entitled ‘‘Amendment of eries, National Marine Fisheries Service, De- ting, pursuant to law, the report of a rule en- Section 73.202(b), Table of Allotments, FM partment of Commerce, transmitting, pursu- titled ‘‘Partial Removal of Direct Final Rule Broadcast Stations (Browning, Columbia ant to law, the report of a rule entitled ‘‘Clo- Revising the Arizona State Implementation Falls and Pablo, Montana)’’ (Doc. No. 99–14) sure of the Atlantic Deep-Sea Red Crab Fish- Plan, Maricopa County Environmental Serv- received on August 7, 2001; to the Committee ery in the Exclusive Economic Zone’’ ice Department’’ (FRL7029–5) received on Au- on Commerce, Science, and Transportation. (RIN0648–AP10) received on August 13, 2001; gust 8, 2001; to the Committee on Environ- EC–3384. A communication from the Senior to the Committee on Commerce, Science, ment and Public Works. Legal Advisor to the Bureau Chief, Mass and Transportation. EC–3375. A communication from the Prin- Media Bureau, Federal Communications EC–3394. A communication from the Pro- cipal Deputy Associate Administrator of the Commission, transmitting, pursuant to law, gram Analyst of the Federal Aviation Ad- Environmental Protection Agency, transmit- the report of a rule entitled ‘‘Amendment of ministration, Department of Transportation, ting, pursuant to law, the report of a rule en- Section 73.202(b), Table of Allotments, FM transmitting, pursuant to law, the report of titled ‘‘Revision to the California State Im- Broadcast Stations (Burnet, Texas)’’ (Doc. a rule entitled ‘‘Airworthiness Directives: plementation Plan, Kern County Air Pollu- No. 99–358) received on August 7, 2001 ; to the Boeing Model 767 Series Airplanes’’ tion Control District and Imperial County Committee on Commerce, Science, and ((RIN2120–AA64)(2001–0407)) received on Au- Air Pollution Control District’’ (FRL7022–5) Transportation. gust 14, 2001; to the Committee on Com- received on August 8, 2001; to the Committee EC–3385. A communication from the Senior merce, Science, and Transportation. on Environment and Public Works. Transportation Analyst of the Federal Avia- EC–3395. A communication from the Pro- EC–3376. A communication from the Prin- tion Administration, Department of Trans- gram Analyst of the Federal Aviation Ad- cipal Deputy Associate Administrator of the portation, transmitting, pursuant to law, the ministration, Department of Transportation, Environmental Protection Agency, transmit- report of a rule entitled ‘‘Antidrug and Alco- transmitting, pursuant to law, the report of ting, pursuant to law, a report entitled ‘‘No- hol Misuse Prevention Programs for Per- a rule entitled ‘‘Airworthiness Directives: tice of Availability: Final Guidance: Coordi- sonnel Engaged in Specified Aviation Activi- Boeing Model 747 Series Airplanes’’

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9071 ((RIN2120–AA64)(2001–0406)) received on Au- ((RIN2120–AA64)(2001–0417)) received on Au- a rule entitled ‘‘Airworthiness Directives: gust 14, 2001; to the Committee on Com- gust 14, 2001; to the Committee on Com- Fokker Model F27 Mark 050 Series Air- merce, Science, and Transportation. merce, Science, and Transportation. planes’’ ((RIN2120–AA64)(2001–0420)) received EC–3396. A communication from the Pro- EC–3405. A communication from the Pro- on August 14, 2001; to the Committee on gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- Commerce, Science, and Transportation. ministration, Department of Transportation, ministration, Department of Transportation, EC–3414. A communication from the Pro- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, Boeing Model 727, 737, 757–200, 757–200CB and Airbus Model A330 and A340 Series Air- transmitting, pursuant to law, the report of 757–300 Series Airplanes’’ ((RIN2120– planes’’ ((RIN2120–AA64)(2001–0416)) received a rule entitled ‘‘Airworthiness Directives: AA64)(2001–0405)) received on August 14, 2001; on August 14, 2001; to the Committee on Boeing Model 767–200, 300, 300F and 400ER Se- to the Committee on Commerce, Science, Commerce, Science, and Transportation. ries Airplanes Equipped with GE Model CF6 and Transportation. EC–3406. A communication from the Pro- 80C2 Series Engines’’ ((RIN2120–AA64)(2001– EC–3397. A communication from the Pro- gram Analyst of the Federal Aviation Ad- 0419)) received on August 14, 2001; to the gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, Committee on Commerce, Science, and ministration, Department of Transportation, transmitting, pursuant to law, the report of Transportation. transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: EC–3415. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Airbus Model A300 B2, A300 B4, A310, A319, gram Analyst of the Federal Aviation Ad- Airbus Model A319, A320, and A321 Series Air- A320, A321, A330, and A340 Series Airplanes; ministration, Department of Transportation, planes’’ ((RIN2120–AA64)(2001–0404)) received and Model A300 B4–600, A300 B4–600R, and transmitting, pursuant to law, the report of on August 14, 2001; to the Committee on A300 F4–600R Series Airplanes’’ ((RIN2120– a rule entitled ‘‘Airworthiness Directives: Commerce, Science, and Transportation. AA64)(2001–0414)) received on August 14, 2001; BAe Systems Limited Model Avro 146RJ Se- EC–3398. A communication from the Pro- to the Committee on Commerce, Science, ries Airplanes’’ ((RIN2120–AA64)(2001–0431)) gram Analyst of the Federal Aviation Ad- and Transportation. received on August 14, 2001; to the Com- ministration, Department of Transportation, EC–3407. A communication from the Pro- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- tation. a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, EC–3416. A communication from the Pro- Aerospatiale Model ATR 42–200, 300, 320, and transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- 500 Series Airplanes and Model ATR72 Series a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, Airplanes’’ ((RIN2120–AA64)(2001–0403)) re- Airbus Model A300 B2, A300 B4, A300 B4–600, transmitting, pursuant to law, the report of ceived on August 14, 2001; to the Committee BR–600R, and F4–600 R; A310, A319, A320, a rule entitled ‘‘Airworthiness Directives: on Commerce, Science, and Transportation. A321, A330, and A340 Series Airplanes’’ Boeing Model 747–100, 200B, 200F, 200C, 100B, EC–3399. A communication from the Pro- ((RIN2120–AA64)(2001–0413)) received on Au- 300, 100B, 100B SUD, 400, 400D, 400F and 747R gram Analyst of the Federal Aviation Ad- gust 14, 2001; to the Committee on Com- Series Airplanes’’ ((RIN2120–AA64)(2001–0430)) ministration, Department of Transportation, merce, Science, and Transportation. received on August 14, 2001; to the Com- transmitting, pursuant to law, the report of EC–3408. A communication from the Pro- mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- tation. Aerospatiale Model ATR 72–101, 201, 102, 202, ministration, Department of Transportation, EC–3417. A communication from the Pro- 211, and 212 Series Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- AA64)(2001–0386)) received on August 14, 2001; a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, to the Committee on Commerce, Science, Raytheon Model Hawker 800XP Series Air- transmitting, pursuant to law, the report of and Transportation. planes and Model Hawker 800 Airplanes’’ a rule entitled ‘‘Revision of Class E Airspace; EC–3400. A communication from the Pro- ((RIN2120–AA64)(2001–0425)) received on Au- Salmon, ID’’ ((RIN2120–AA66)(2001–0129)) re- gram Analyst of the Federal Aviation Ad- gust 14, 2001; to the Committee on Com- ceived on August 14, 2001; to the Committee ministration, Department of Transportation, merce, Science, and Transportation. on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of EC–3409. A communication from the Pro- EC–3418. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- Boeing Model 767–200, 300 and 300F Series ministration, Department of Transportation, ministration, Department of Transportation, Airplanes’’ ((RIN2120–AA64)(2001–0412)) re- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ceived on August 14, 2001; to the Committee a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: on Commerce, Science, and Transportation. BAe Systems Limited Model Avro 146RJ Se- Fokker Model F27 Mark 050 Series Airplanes EC–3401. A communication from the Pro- ries Airplanes’’ ((RIN2120–AA64)(2001–0424)) Equipped with Pratt and Whitney Canada gram Analyst of the Federal Aviation Ad- received on August 14, 2001; to the Com- Model PW127B Engines’’ ((RIN2120– ministration, Department of Transportation, mittee on Commerce, Science, and Transpor- AA64)(2001–0429)) received on August 14, 2001; transmitting, pursuant to law, the report of tation. to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives: EC–3410. A communication from the Pro- and Transportation. Airbus Model A319, A320, and A321 Series Air- gram Analyst of the Federal Aviation Ad- EC–3419. A communication from the Pro- planes’’ ((RIN2120–AA64)(2001–0411)) received ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- on August 14, 2001; to the Committee on transmitting, pursuant to law, the report of ministration, Department of Transportation, Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of EC–3402. A communication from the Pro- BAe Systems Limited Model BAe 146 and a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- Model Avro 146 RJ Series Airplanes’’ Airbus Model A300 B2 and B4; A310 and A300 ministration, Department of Transportation, ((RIN2120–AA64)(2001–0423)) received on Au- B4–600R, and F4–600R Series Airplanes’’ transmitting, pursuant to law, the report of gust 14, 2001; to the Committee on Com- ((RIN2120–AA64)(2001–0428)) received on Au- a rule entitled ‘‘Airworthiness Directives: merce, Science, and Transportation. gust 14, 2001; to the Committee on Com- Boeing Model 747 Series Airplanes Powered EC–3411. A communication from the Pro- merce, Science, and Transportation. by Pratt and Whitney JT9D–7 Series En- gram Analyst of the Federal Aviation Ad- EC–3420. A communication from the Pro- gines’’ ((RIN2120–A64)(2001–0410)) received on ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- August 14, 2001; to the Committee on Com- transmitting, pursuant to law, the report of ministration, Department of Transportation, merce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of EC–3403. A communication from the Pro- Bombardier Model DHC 8 311 and 315 Series a rule entitled ‘‘Airworthiness Directives gram Analyst of the Federal Aviation Ad- Airplanes’’ ((RIN2120–AA64)(2001–0422)) re- BAe Systems Limited Model BAe 146 and ministration, Department of Transportation, ceived on August 14, 2001; to the Committee Avro 146RJ Series Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of on Commerce, Science, and Transportation. AA64)(2001–0427)) received on August 14, 2001; a rule entitled ‘‘Airworthiness Directives: EC–3412. A communication from the Pro- to the Committee on Commerce, Science, Israel Aircraft Industries, Ltd., Model Astra gram Analyst of the Federal Aviation Ad- and Transportation. SPX Series Airplanes, Request for Com- ministration, Department of Transportation, EC–3421. A communication from the Pro- ments’’ ((RIN2120–AA64)(2001–0418)) received transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- on August 14, 2001; to the Committee on a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, Commerce, Science, and Transportation. Airbus Model A330–301, 321, 322, 341, and 342 transmitting, pursuant to law, the report of EC–3404. A communication from the Pro- Series Airplanes; and Model A340 Series Air- a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- planes’’ ((RIN2120–AA64)(2001–0421)) received Airbus Model A319, A320, and A321 Series Air- ministration, Department of Transportation, on August 14, 2001; to the Committee on planes’’ ((RIN2120–AA64)(2001–0426)) received transmitting, pursuant to law, the report of Commerce, Science, and Transportation. on August 14, 2001; to the Committee on a rule entitled ‘‘Airworthiness Directives: EC–3413. A communication from the Pro- Commerce, Science, and Transportation. Airbus Model A330–301, 321, 322, 341, and 342 gram Analyst of the Federal Aviation Ad- EC–3422. A communication from the Pro- Series Airplanes and Airbus Model A340 Se- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- ries Airplanes, Request for Comments’’ transmitting, pursuant to law, the report of ministration, Department of Transportation,

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9072 CONGRESSIONAL RECORD — SENATE September 4, 2001 transmitting, pursuant to law, the report of AA65)(2001–0044)) received on August 14, 2001; 60 Airplanes’’ ((RIN2120–AA64)(2001–0380)) re- a rule entitled ‘‘Establish Class E Airspace; to the Committee on Commerce, Science, ceived on August 14, 2001; to the Committee Kane, PA’’ ((RIN2120–AA66)(2001–0128)) re- and Transportation. on Commerce, Science, and Transportation. ceived on August 14, 2001; to the Committee EC–3432. A communication from the Pro- EC–3441. A communication from the Pro- on Commerce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- EC–3423. A communication from the Pro- ministration, Department of Transportation, ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of Pratt and Whitney PW4000 Series Turbofan Dornier Model 328–300 Series Airplanes’’ a rule entitled ‘‘Establish Class E Airspace; Engines; request for comments’’ ((RIN2120– ((RIN2120–AA64)(2001–0381)) received on Au- Greensburg, PA’’ ((RIN2120–AA66)(2001–0127)) AA64)(2001–0409)) received on August 14, 2001; gust 14, 2001; to the Committee on Com- received on August 14, 2001; to the Com- to the Committee on Commerce, Science, merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- and Transportation. EC–3442. A communication from the Pro- tation. EC–3433. A communication from the Pro- gram Analyst of the Federal Aviation Ad- EC–3424. A communication from the Pro- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, transmitting, pursuant to law, the report of ministration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: General Electric Company CF6–50 Turbofan a rule entitled ‘‘Amendment of Class D and Airbus Model A310 Series Airplanes’’ Engines’’ ((RIN2120–AA64)(2001–0382)) re- Class E2 and E4 Airspace; Gainesville, FL’’ ((RIN2120–AA64)(2001–0408)) received on Au- ceived on August 14, 2001; to the Committee ((RIN2120–AA66)(2001–0126)) received on Au- gust 14, 2001; to the Committee on Com- on Commerce, Science, and Transportation. gust 14, 2001; to the Committee on Com- merce, Science, and Transportation. EC–3443. A communication from the Pro- merce, Science, and Transportation. EC–3434. A communication from the Pro- gram Analyst of the Federal Aviation Ad- EC–3425. A communication from the Pro- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, transmitting, pursuant to law, the report of ministration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing Model 767–300 Series Airplanes’’ a rule entitled ‘‘Amendment of Class D and Boeing Model 747–100, 200, 300, and 747SR Se- ((RIN2120–AA64)(2001–0379)) received on Au- Class E2 Airspace; Augusta, GA’’ ((RIN2120– ries Airplanes Powered by GE CF6–45/50 and gust 14, 2001; to the Committee on Com- AA66)(2001–0125)) received on August 14, 2001; Pratt and Whitney JT9D Series Engines’’ merce, Science, and Transportation. to the Committee on Commerce, Science, ((RIN2120–AA64)(2001–0377)) received on Au- EC–3444. A communication from the Pro- and Transportation. gust 14, 2001; to the Committee on Com- gram Analyst of the Federal Aviation Ad- EC–3426. A communication from the Pro- merce, Science, and Transportation. ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- EC–3435. A communication from the Pro- transmitting, pursuant to law, the report of ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of ministration, Department of Transportation, The New Piper Aircraft Inc. Model PA 46 a rule entitled ‘‘Establishment of Class E transmitting, pursuant to law, the report of 350P, and PA 46 500 TP Airplanes’’ ((RIN2120– Airspace at Van Nuys Airport; Van Nuys, a rule entitled ‘‘Airworthiness Directives: AA64)(2001–0378)) received on August 14, 2001; CA; direct final rule, request for comments’’ Empresa Brasileria de Aeronautica SA Model to the Committee on Commerce, Science, ((RIN2120–AA66)(2001–0124)) received on Au- EMB 135 and 145 Series Airplanes’’ ((RIN2120– and Transportation. gust 14, 2001; to the Committee on Com- AA64)(2001–0376)) received on August 14, 2001; EC–3445. A communication from the Pro- merce, Science, and Transportation. to the Committee on Commerce, Science, gram Analyst of the Federal Aviation Ad- EC–3427. A communication from the Pro- and Transportation. ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- EC–3436. A communication from the Pro- transmitting, pursuant to law, the report of ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of ministration, Department of Transportation, Boeing Model 747 Series Airplanes Powered a rule entitled ‘‘Establishment of Class E transmitting, pursuant to law, the report of by Pratt and Whitney JT9D–3 and –7 Series Airspace; Clinton, AR; direct final rule; re- a rule entitled ‘‘Airworthiness Directives: Engines’’ ((RIN2120–AA64)(2001–0402)) request for comments’’ ((RIN2120–AA66)(2001– McDonnell Douglas Model DC 9 81, 82, 83, and ceived on August 14, 2001; to the Committee 0132)) received on August 14, 2001; to the 87 Series Airplanes, and Model MD 88 Air- on Commerce, Science, and Transportation. Committee on Commerce, Science, and planes’’ ((RIN2120–AA64)(2001–0375)) received EC–3446. A communication from the Pro- Transportation. on August 14, 2001; to the Committee on gram Analyst of the Federal Aviation Ad- EC–3428. A communication from the Pro- Commerce, Science, and Transportation. ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- EC–3437. A communication from the Pro- transmitting, pursuant to law, the report of ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of ministration, Department of Transportation, proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of ments (31); Amdt. No. 2062’’ ((RIN2120– proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Airworthiness Directives: AA65)(2001–0043)) received on September 4, ments (105); Amdt. No. 2059’’ ((RIN2120– Britax Sell Gmbh and Co. OHG Water Boil- 2001; to the Committee on Commerce, AA65)(2001–0046)) received on August 14, 2001; ers, Coffee Makers, and Beverage Makers’’ Science, and Transportation. to the Committee on Commerce, Science, ((RIN2120–A64)(2001–0374)) received on August EC–3447. A communication from the Pro- and Transportation. 14, 2001; to the Committee on Commerce, gram Analyst of the Federal Aviation Ad- EC–3429. A communication from the Pro- Science, and Transportation. ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- EC–3438. A communication from the Pro- transmitting, pursuant to law, the report of ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of ministration, Department of Transportation, proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of ments (64); Amdt. No. 2061’’ ((RIN2120– proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Modification of Class E Air- AA65)(2001–0042)) received on September 4, ments (33); Amdt. No. 2060’’ ((RIN2120– space; Jamestown, NY’’ ((RIN2120– 2001; to the Committee on Commerce, AA65)(2001–0045)) received on August 14, 2001; AA66)(2001–0122)) received on August 14, 2001; Science, and Transportation. to the Committee on Commerce, Science, to the Committee on Commerce, Science, EC–3448. A communication from the Pro- and Transportation. and Transportation. gram Analyst of the Federal Aviation Ad- EC–3430. A communication from the Pro- EC–3439. A communication from the Pro- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of ministration, Department of Transportation, ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of McDonnell Douglas Model DC 10–10, 15, 30, a rule entitled ‘‘IFR Altitudes; Miscella- a rule entitled ‘‘Airworthiness Directives: and 40 Series Airplanes, and Model MD 19 10F neous Amendments (37); Amdt. No. 430’’ Aerospatiale Model ATR 42–200, 300, 320 Se- and 30F Series Airplanes’’ ((RIN2120– ((RIN2120–AA63)(2001–0005)) received on Au- ries Airplanes’’ ((RIN2120–AA64)(2001–0385)) AA64)(2001–0401)) received on September 4, gust 14, 2001; to the Committee on Com- received on August 14, 2001; to the Com- 2001; to the Committee on Commerce, merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- Science, and Transportation. EC–3431. A communication from the Pro- tation. EC–3449. A communication from the Pro- gram Analyst of the Federal Aviation Ad- EC–3440. A communication from the Pro- gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, transmitting, pursuant to law, the report of ministration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Ap- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: proach Procedures; Miscellaneous Amend- a rule entitled ‘‘Airworthiness Directives: Aerospatiale Model ATR42–200, 300, 350, and ments (16); Amdt. No. 2064’’ ((RIN2120– Learjet Model 55 Series Airplanes and Model ATR72 Series Airplanes’’ ((RIN2120–

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9073 AA64)(2001–0399)) received on September 4, ministration, Department of Transportation, ministration, Department of Transportation, 2001; to the Committee on Commerce, transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: EC–3450. A communication from the Pro- McDonnell Douglas Model DC 10–10, 15, 30, Rockwell Collins, Inc. CTL–92 Transponder gram Analyst of the Federal Aviation Ad- 30F, and 40 Series Airplanes; and Model MD Control Panels’’ ((RIN2120–AA64)(2001–0391)) ministration, Department of Transportation, 10 10F and MD 10 30F Series’’ ((RIN2120– received on September 4, 2001; to the Com- transmitting, pursuant to law, the report of AA64)(2001–0367)) received on September 4, mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives: 2001; to the Committee on Commerce, tation. Boeing Model 747–100 and 200 Series Air- Science, and Transportation. EC–3468. A communication from the Pro- planes; Modified by Supplemental Type Cer- EC–3459. A communication from the Pro- gram Analyst of the Federal Aviation Ad- tificate SA8622SW’’ ((RIN2120–AA64)(2001– gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, 0397)) received on September 4, 2001; to the ministration, Department of Transportation, transmitting, pursuant to law, the report of Committee on Commerce, Science, and transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Transportation. a rule entitled ‘‘Amendment to Class E Air- Turbomeca SA Artouste II and III Series EC–3451. A communication from the Pro- space; Seneca Falls, NY; correction’’ Turboshaft Engines’’ ((RIN2120–AA64)(2001– gram Analyst of the Federal Aviation Ad- ((RIN2120–AA66)(2001–0120)) received on Sep- 0383)) received on September 4, 2001; to the ministration, Department of Transportation, tember 4, 2001; to the Committee on Com- Committee on Commerce, Science, and transmitting, pursuant to law, the report of merce, Science, and Transportation. Transportation. a rule entitled ‘‘Airworthiness Directives: EC–3460. A communication from the Pro- EC–3469. A communication from the Pro- Boeing Model 767–300 Series Airplanes; Modi- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- fied by Supplemental Type Certificate ministration, Department of Transportation, ministration, Department of Transportation, ST0018SE’’ ((RIN2120–AA64)(2001–0396)) re- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ceived on September 4, 2001; to the Com- a rule entitled ‘‘Revision of Class E Airspace; a rule entitled ‘‘Airworthiness Directives: mittee on Commerce, Science, and Transpor- Vernal, UT’’ ((RIN2120–AA66)(2001–0121)) re- Learjet Model 23, 24, 25, 28, 29, 31, 35, 36, and tation. ceived on September 4, 2001; to the Com- 55 Series Airplanes’’ ((RIN2120–AA64)(2001– EC–3452. A communication from the Pro- mittee on Commerce, Science, and Transpor- 0384)) received on September 4, 2001; to the gram Analyst of the Federal Aviation Ad- tation. Committee on Commerce, Science, and ministration, Department of Transportation, EC–3461. A communication from the Pro- Transportation. transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- EC–3470. A communication from the Chief, a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, Regulations and Administrative Law, United McDonnell Douglas Model DC 9 32 Series Air- transmitting, pursuant to law, the report of States Coast Guard, Department of Trans- planes Modified Per Supplemental Type Cer- a rule entitled ‘‘Repair Stations; Final Rule portation, transmitting, pursuant to law, the tificate SA4371NM’’ ((RIN2120–AA64)(2001– with Request for Comments and Direct Final report of a rule entitled ‘‘Exemption of Pub- 0373)) received on September 4, 2001; to the Rule with Request for Comments’’ (RIN2120– lic Vessels Equipped with Electronic Chart- Committee on Commerce, Science, and AC38) received on September 4, 2001; to the ing and Navigation Systems from Paper Committee on Commerce, Science, and Transportation. Chart Requirements’’ (RIN2115–AG03) re- Transportation. EC–3453. A communication from the Pro- ceived on September 4, 2001; to the Com- EC–3462. A communication from the Pro- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, ministration, Department of Transportation, tation. transmitting, pursuant to law, the report of EC–3471. A communication from the Chief, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Regulations and Administrative Law, United a rule entitled ‘‘Airworthiness Directives: Empresa Brasileira de Aeronautica SA Model States Coast Guard, Department of Trans- McDonnell Douglas Model DC 9 10 and 30 Se- EMB 135 and 145 Series Airplanes’’ ((RIN2120– portation, transmitting, pursuant to law, the ries Airplanes’’ ((RIN2120–AA64)(2001–0395)) AA64)(2001–0372)) received on September 4, report of a rule entitled ‘‘Salvage and Marine received on September 4, 2001; to the Com- 2001; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- Firefighting Equipment; Vessel Response Science, and Transportation. tation. Plans for Oils’’ ((RIN2115–AF60)(2001–0001)) EC–3454. A communication from the Pro- EC–3463. A communication from the Pro- received on September 4, 2001; to the Com- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- mittee on Commerce, Science, and Transpor- ministration, Department of Transportation, ministration, Department of Transportation, tation. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–3472. A communication from the Chief, a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: Regulations and Administrative Law, United Aerospatiale Model ATR 42–200, 300 and 500 Boeing Model 747–100 and 200 Series Air- States Coast Guard, Department of Trans- Series Airplanes; and Model ATR72 Series planes’’ ((RIN2120–AA64)(2001–0390)) received portation, transmitting, pursuant to law, the Airplanes’’ ((RIN2120–AA64)(2001–0371)) re- on September 4, 2001; to the Committee on report of a rule entitled ‘‘Drawbridge Regu- ceived on September 4, 2001; to the Com- Commerce, Science, and Transportation. lations; Newton Creek, Dutch Kills, English mittee on Commerce, Science, and Transpor- EC–3464. A communication from the Pro- Kills and their tributaries, NY’’ ((RIN2115– tation. gram Analyst of the Federal Aviation Ad- AE47)(2001–0002)) received on September 4, EC–3455. A communication from the Pro- ministration, Department of Transportation, 2001; to the Committee on Commerce, gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Science, and Transportation. ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: EC–3473. A communication from the Chief, transmitting, pursuant to law, the report of Airbus Model A330 Series Airplanes’’ Regulations and Administrative Law, United a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA64)(2001–0387)) received on Sep- States Coast Guard, Department of Trans- Aerospatiale Model ATR42–200, 300, and 320 tember 4, 2001; to the Committee on Com- portation, transmitting, pursuant to law, the Series Airplanes’’ ((RIN2120–AA64)(2001–0370)) merce, Science, and Transportation. report of a rule entitled ‘‘Great Lakes Pilot- received on September 4, 2001; to the Com- EC–3465. A communication from the Pro- age Rates’’ (RIN2115–AF91) received on Sep- mittee on Commerce, Science, and Transpor- gram Analyst of the Federal Aviation Ad- tember 4, 2001; to the Committee on Com- tation. ministration, Department of Transportation, merce, Science, and Transportation. EC–3456. A communication from the Pro- transmitting, pursuant to law, the report of EC–3474. A communication from the Chief, gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: Regulations and Administrative Law, United ministration, Department of Transportation, McDonnell Douglas Model MD 90–30 Series States Coast Guard, Department of Trans- transmitting, pursuant to law, the report of Airplanes’’ ((RIN2120–AA64)(2001–0388)) re- portation, transmitting, pursuant to law, the a rule entitled ‘‘Airworthiness Directives: ceived on September 4, 2001; to the Com- report of a rule entitled ‘‘Drawbridge Regu- Dornier Model 328–100 Series Airplanes’’ mittee on Commerce, Science, and Transpor- lations; Chelsea River, MA’’ ((RIN2115– ((RIN2120–AA64)(2001–0369)) received on Sep- tation. AE47)(2001–0051)) received on September 4, tember 4, 2001; to the Committee on Com- EC–3466. A communication from the Pro- 2001; to the Committee on Commerce, merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- Science, and Transportation. EC–3457. A communication from the Pro- ministration, Department of Transportation, EC–3475. A communication from the Chief, gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Regulations and Administrative Law, United ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: States Coast Guard, Department of Trans- transmitting, pursuant to law, the report of General Aviation Aircraft Equipped with portation, transmitting, pursuant to law, the a rule entitled ‘‘Airworthiness Directives: Certain UPS Aviation Technologies, Inc., report of a rule entitled ‘‘Drawbridge Regu- Air Tractor Inc. AT 400, AT 500, and AT 800 Model Apollo SL30 Very-High-Frequency lations; Lake Washington Ship Canal, Se- Series Airplanes’’ ((RIN2120–AA64)(2001–0368)) Navigation/Communication Radios’’ attle, WA’’ ((RIN2115–SE47)(2001–0053)) re- received on September 4, 2001; to the Com- ((RIN2120–AA64)(2001–0389)) received on Sep- ceived on September 4, 2001; to the Com- mittee on Commerce, Science, and Transpor- tember 4, 2001; to the Committee on Com- mittee on Commerce, Science, and Transpor- tation. merce, Science, and Transportation. tation. EC–3458. A communication from the Pro- EC–3467. A communication from the Pro- EC–3476. A communication from the Chief, gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- Regulations and Administrative Law, United

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9074 CONGRESSIONAL RECORD — SENATE September 4, 2001 States Coast Guard, Department of Trans- EC–3485. A communication from the Presi- Col. Rosanne Bailey, 0000, to be Brigadier portation, transmitting, pursuant to law, the dent of the United States (referred on Sep- General. report of a rule entitled ‘‘Drawbridge Regu- tember 4, 2001), transmitting, consistent Col. Bradley S. Baker, 0000, to be Brigadier lations: Inner Harbor Navigation Canal, LA’’ with the War Powers Act, a report relative General. ((RIN2115–AE47)(2001–0049)) received on Sep- to East Timor; to the Committee on Foreign Col. Mark G. Beesley, 0000, to be Brigadier tember 4, 2001; to the Committee on Com- Relations. General. merce, Science, and Transportation. f Col. Ted F. Bowlds, 0000, to be Brigadier Gen- EC–3477. A communication from the Chief, eral. Regulations and Administrative Law, United REPORTS OF COMMITTEES Col. John T. Brennan, 0000, to be Brigadier States Coast Guard, Department of Trans- RECEIVED DURING RECESS General. portation, transmitting, pursuant to law, the Col. Roger W. Burg, 0000, to be Brigadier report of a rule entitled ‘‘Drawbridge Regu- Under the authority of the order of General. lations: PGA Boulevard Bridge (ICW), West the Senate of July 30, 2001, the fol- Col. Patrick A. Burns, 0000, to be Brigadier Palm Beach, FL’’ ((RIN2115–AE47)(2001–0050)) lowing reports of committees were sub- General. received on September 4, 2001; to the Com- mitted on August 28, 2001: Col. Kurt A. Cichowski, 0000, to be Brigadier mittee on Commerce, Science, and Transpor- By Mr. LEAHY, from the Special Com- General. tation. mittee on Aging: Col. Maria I. Cribbs, 0000, to be Brigadier EC–3478. A communication from the Chief, Report to accompany S. 1099, a bill to in- General. Regulations and Administrative Law, United crease the criminal penalties for assaulting Col. Andrew S. Dichter, 0000, to be Brigadier States Coast Guard, Department of Trans- or threatening Federal judges, their family General. portation, transmitting, pursuant to law, the members, and other public servants, and for Col. Jan D. Eakle, 0000, to be Brigadier Gen- report of a rule entitled ‘‘Drawbridge Regu- other purposes. (Rept. No. 107–53). eral. lations: Donald Ross Road Bridge (ICW), Col. David M. Edgington, 0000, to be Briga- West Palm Beach, FL’’ ((RIN2115–AE47)(2001– By Mr. KERRY, from the Committee on Small Business and Entrepreneurship, with- dier General. 0054)) received on September 4, 2001; to the Col. Silvanus T. Gilbert III, 0000, to be Briga- Committee on Commerce, Science, and out amendment: S. 856: A bill to reauthorize the Small Busi- dier General. Transportation. Col. Stephen M. Goldfein, 0000, to be Briga- ness Technology Transfer Program, and for EC–3479. A communication from the Chief, dier General. other purposes. (Rept. No. 107–54). Regulations and Administrative Law, United Col. David S. Gray, 0000, to be Brigadier Gen- S. 1196: A bill to amend the Small Business States Coast Guard, Department of Trans- eral. Investment Act of 1958, and for other pur- portation, transmitting, pursuant to law, the Col. Wendell L. Griffin, 0000, to be Brigadier poses. (Rept. No. 107–55). report of a rule entitled ‘‘Regatta Regula- General. By Mr. INOUYE, from the Committee on tions: SLR; Patuxent River, Solomons, Col. Ronald J. Haeckel, 0000, to be Brigadier Indian Affairs, with amendments: Maryland’’ ((RIN2115–AE46)(2001–0018)) re- General. S. 87: A bill to amend the Native Hawaiian ceived on September 4, 2001; to the Com- Col. Irving L. Halter Jr., 0000, to be Brigadier Health Care Improvement Act to revise and mittee on Commerce, Science, and Transpor- General. tation. extend such Act. (Rept. No. 107–56). Col. Richard S. Hassan, 0000, to be Brigadier EC–3480. A communication from the Chief, f General. Regulations and Administrative Law, United REPORTS OF COMMITTEES Col. William L. Holland, 0000, to be Brigadier States Coast Guard, Department of Trans- General. portation, transmitting, pursuant to law, the The following reports of committees Col. Gilmary M. Hostage III, 0000, to be Brig- report of a rule entitled ‘‘Safety/Security were submitted: adier General. Zone Regulations: Japanese Fisheries High Col. James P. Hunt, 0000, to be Brigadier School Training Vessel EHIME MARU Relo- By Mr. DORGAN, from the Committee on Appropriations, without amendment: General. cation and Crew Member Recovery, Pacific Col. John C. Koziol, 0000, to be Brigadier Ocean, South Shores of the island of Oahu, S. 1398: An original bill making appropriations for the Treasury Department, the General. HI’’ ((RIN2115–AA97)(2001–0043)) received on Col. David R. Lefforge, 0000, to be Brigadier United States Postal Service, the Executive September 4, 2001; to the Committee on Com- General. Office of the President, and certain Inde- merce, Science, and Transportation. Col. William T. Lord, 0000, to be Brigadier EC–3481. A communication from the Chief, pendent Agencies, for the fiscal year ending General. Regulations and Administrative Law, United September 30, 2002, and for other purposes. Col. Arthur B. Morrill III, 0000, to be Briga- States Coast Guard, Department of Trans- (Rept. No. 107–57). dier General. portation, transmitting, pursuant to law, the By Mr. LEAHY, from the Committee on Col. Larry D. New, 0000, to be Brigadier Gen- report of a rule entitled ‘‘Safety/Security Appropriations, with an amendment in the eral. Zone Regulations; Bay City Relay For Life nature of a substitute: Col. Leonard E. Patterson, 0000, to be Briga- Fireworks, Saginaw River, MI’’ ((RIN2115– H.R. 2506: A bill making appropriations for dier General. AA97)(2001–0041)) received on September 4, foreign operations, export financing, and re- Col. Michael F. Planert, 0000, to be Brigadier 2001; to the Committee on Commerce, lated programs for the fiscal year ending General. Science, and Transportation. September 30, 2002, and for other purposes. Col. Jeffrey A. Remington, 0000, to be Briga- EC–3482. A communication from the Chief, (Rept. No. 107–58). dier General. Regulations and Administrative Law, United By Mr. BAUCUS, from the Committee on Col. Edward A. Rice Jr., 0000, to be Brigadier States Coast Guard, Department of Trans- Finance, with an amendment in the nature General. portation, transmitting, pursuant to law, the of a substitute: Col. David J. Scott, 0000, to be Brigadier report of a rule entitled ‘‘Safety/Security S. 643: A bill to implement the agreement General. Zone Regulations; Naval Force Protection, establishing a United States-Jordan free Bath Iron Works, Kennebeck River, Bath, Col. Winfield W. Scott III, 0000, to be Briga- trade area. (Rept. No. 107–59). dier General. Maine’’ ((RIN2115–AA97)(2001–0040)) received By Mr. BIDEN, from the Committee on on September 4, 2001; to the Committee on Col. Mark D. Shackelford, 0000, to be Briga- Foreign Relations, without amendment: dier General. Commerce, Science, and Transportation. S. 1401: An original bill to authorize appro- EC–3483. A communication from the Chief, Col. Glenn F. Spears, 0000, to be Brigadier priations for the Department of State and General. Regulations and Administrative Law, United for United States international broadcasting States Coast Guard, Department of Trans- Col. David L. Stringer, 0000, to be Brigadier activities for fiscal years 2002 and 2003, and General. portation, transmitting, pursuant to law, the for other purposes. (Rept. No. 107–60). report of a rule entitled ‘‘Safety/Security Col. Henry L. Taylor, 0000, to be Brigadier Zone Regulations; Presque Isle Bay, Erie, f General. Pennsylvania’’ ((RIN2115–AA97)(2001–0039)) NOMINATIONS RETURNED Col. Richard E. Webber, 0000, to be Brigadier received on September 4, 2001; to the Com- General. mittee on Commerce, Science, and Transpor- The following military nominations Col. Roy M. Worden, 0000, to be Brigadier tation. were returned to the President, pursu- General. EC–3484. A communication from the Chief, ant to rule XXI, paragraph 6 of the Col. Ronald D. Yaggi, 0000, to be Brigadier Regulations and Administrative Law, United Standing Rules of the Senate on Fri- General. The following named officer for appoint- States Coast Guard, Department of Trans- day, August 3, 2001: portation, transmitting, pursuant to law, the ment as Vice Chief of Staff, United States report of a rule entitled ‘‘Safety/Security The following named officers for appoint- Air Force, and appointment to the grade in- Zone Regulations; Menominee Waterfront ment in the United States Air Force to the dicated while assigned to a position of im- Festival 2001, Menominee, Michigan’’ grade indicated under title 10, U.S.C., section portance and responsibility under title 10, ((RIN2115–AA97)(2001–0042)) received on Sep- 624: U.S.C., sections 601 and 8034: tember 4, 2001; to the Committee on Com- Col. William P. Ard, 0000, to be Brigadier Lt. Gen. Robert H. Foglesong, 0000, to be merce, Science, and Transportation. General. General.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9075 The following named officer for appoint- Col. Richard J. Rowe Jr., 0000, to be Briga- indicated while assigned to a position of im- ment in the United States Air Force to the dier General. portance and responsibility under title 10, grade indicated while assigned to a position Col. Kevin T. Ryan, 0000, to be Brigadier U.S.C., section 601: of importance and responsibility under title General. Maj. Gen. John M. Le Moyne, 0000, to be 10, U.S.C., section 601: Col. Edward J. Sinclair, 0000, to be Brigadier Lieutenant General. Gen. John W. Handy, 0000, to be General. General. The following named officer for appoint- The following named officer for appoint- Col. Eric F. Smith, 0000, to be Brigadier Gen- ment in the United States Army to the grade ment in the United States Air Force to the eral. indicated under title 10, U.S.C., section 624: grade indicated while assigned to a position Col. Abraham J. Turner, 0000, to be Brigadier Brig. Gen. Lester Martinez-Lopez, 0000, to be of importance and responsibility under title General. 10, U.S.C., section 601: Col. Volney J. Warner, 0000, to be Brigadier Major General. The following named officer for appoint- Lt. Gen. Charles F. Wald, 0000, to be Lieuten- General. Col. John C. Woods, 0000, to be Brigadier ment in the Reserve of the Army to the ant General. grade indicated under title 10, U.S.C., section The following named officer for appoint- General. 12203: ment in the United States Air Force to the Col. Howard W. Yellen, 0000, to be Brigadier grade indicated while assigned to a position General. Col. Dawn R. Horn, 0000, to be Brigadier Gen- of importance and responsibility under title The following named officer for appoint- eral. 10, U.S.C., section 601: ment in the United States Army to the grade The following named officer for appoint- indicated while assigned to a position of im- ment in the United States Army to the grade Maj. Gen. Teed M. Moseley, 0000, to be Lieu- portance and responsibility under title 10, indicated while assigned to a position of im- tenant General. U.S.C., section 601: The following named officers for appoint- portance and responsibility under title 10, ment in the United States Army to the grade Lt. Gen. Larry R. Jordan, 0000, to be Lieu- U.S.C., section 601: indicated under title 10, U.S.C., section 624: tenant General. Lt. Gen. Paul J. Kern, 0000, to be General. The following named officers for appoint- Col. Byron S. Bagby, 0000, to be Brigadier The following named officer for appointment in the United States Army to the grade ment in the United States Army to the grade General. indicated under title 10, U.S.C., section 624: Col. Leo A. Brooks Jr., 0000, to be Brigadier indicated while assigned to a position of im- General. Brig. Gen. Keith B. Alexander, 0000, to be portance and responsibility under title 10, Col. Sean J. Byrne, 0000, to be Brigadier Gen- Major General. U.S.C., section 601: eral. Brig. Gen. Eldon A. Bargewell, 0000, to be Lt. Gen. Kevin P. Byrnes, 0000, to be Lieuten- Col. Charles A. Cartwright, 0000, to be Briga- Major General. ant General. dier General. Brig. Gen. David W. Barno, 0000, to be Major The following named officers for appoint- Col. Philip D. Coker, 0000, to be Brigadier General. ment in the United States Coast Guard to General. Brig. Gen. John R. Batiste, 0000, to be Major the grade indicated under title 14, U.S.C., Col. Thomas R. Csrnko, 0000, to be Brigadier General. section 271: General. Brig. Gen. Peter W. Chiarelli, 0000, to be Major General. Rear Adm. (lh) James C. Olson, 0000, to be Col. Robert L. Davis, 0000, to be Brigadier Brig. Gen. Claude V. Christianson, 0000, to be Rear Admiral. General. Major General. Rear Adm. (lh) James W. Underwood, 0000, to Col. John DeFreitas III, 0000, to be Brigadier Brig. Gen. Robert T. Dail, 0000, to be Major be Rear Admiral. General. General. Rear Adm. (lh) Ralph D. Utley, 0000, to be Col. Robert E. Durbin, 0000, to be Brigadier Brig. Gen. Paul D. Eaton, 0000, to be Major Rear Admiral. General. General. Rear Adm. (lh) Kenneth T. Venuto, 0000, to Col. Gina S. Farrisee, 0000, to be Brigadier Brig. Gen. Karl W. Eikenberry, 0000, to be be Rear Admiral. General. Major General. The following named officers for appoint- Col. David A. Fastabend, 0000, to be Briga- Brig. Gen. Robert H. Griffin, 0000, to be ment in the United States Marine Corps to dier General. Major General. the grade indicated under title 10, U.S.C., Col. Richard P. Formica, 0000, to be Briga- Brig. Gen. John W. Holly, 0000, to be Major section 624: dier General. General. Brig. Gen. James F. Amos, 0000, to be Major Col. Kathleen M. Gainey, 0000, to be Briga- Brig. Gen. David H. Huntoon, Jr., 0000, to be General. dier General. Major General. Brig. Gen. John G. Castellaw, 0000, to be Col. Daniel A. Hahn, 0000, to be Brigadier Brig. Gen. James C. Hylton, 0000, to be Major Major General. General. General. Brig. Gen. Timothy E. Donovan, 0000, to be Col. Frank G. Helmick, 0000, to be Brigadier Brig. Gen. Gene M. LaCoste, 0000, to be Major General. General. Major General. Brig. Gen. Robert M. Flanagan, 0000, to be Col. Rhett A. Hernandez, 0000, to be Briga- Brig. Gen. Dee A. McWilliams, 0000, to be Major General. dier General. Major General. Brig. Gen. James N. Mattis, 0000, to be Major Col. Mark P. Hertling, 0000, to be Brigadier Brig. Gen. Raymond T. Odierno, 0000, to be General. General. Major General.. Brig. Gen. Gordon C. Nash, 0000, to be Major Col. James T. Hirai, 0000, to be Brigadier Brig. Gen. Virgil L. Packett II, 0000, to be General. General. Major General. Brig. Gen. Robert M. Shea, 0000, to be Major Col. Paul S. Izzo, 0000, to be Brigadier Gen- Brig. Gen. Joseph F. Peterson, 0000, to be General. eral. Major General. Brig. Gen. Frances C. Wilson, 0000, to be Col. James L. Kennon, 0000, to be Brigadier Brig. Gen. David H. Petraeus, 0000, to be Major General. General. Major General. The following named officer for appoint- Col. Mark T. Kimmitt, 0000, to be Brigadier Brig. Gen. Marilyn A. Quagliotti, 0000, to be ment in the United States Marine Corps Re- General. Major General. serve to the grade indicated under title 10, Col. Robert P. Lennox, 0000, to be Brigadier Brig. Gen. Michael D. Rochelle, 0000, to be U.S.C., section 12203: General. Major General. Col. Douglas E. Lute, 0000, to be Brigadier Brig. Gen. Donald J. Ryder, 0000, to be Major Brig. Gen. John W. Bergman, 0000, to be General. General. major general. Col. Timothy P. McHale, 0000, to be Briga- Brig. Gen. Henry W. Stratman, 0000, to be The following named officers for appoint- dier General. Major General. ment in the United States Marine Corps to Col. Richard W. Mills, 0000, to be Brigadier Brig. Gen. Joe G. Taylor, Jr., 0000, to be the grade indicated under title 10, U.S.C., General. Major General. section 624: Col. Benjamin R. Mixon, 0000, to be Brigadier Brig. Gen. N. Ross Thompson III, 0000, to be Col. Ronald S. Coleman, 0000, to be Brigadier General. Major General. General. Col. James R. Moran, 0000, to be Brigadier Brig. Gen. James D. Thurman, 0000, to be Col. James F. Flock, 0000, to be Brigadier General. Major General. General. Col. James R. Myles, 0000, to be Brigadier Brig. Gen. Thomas R. Turner II, 0000, to be Col. Kenneth J. Glueck, Jr., 0000, to be Briga- General. Major General. dier General. Col. Larry C. Newman, 0000, to be Brigadier Brig. Gen. John M. Urias, 0000, to be Major Col. Dennis J. Hejlik, 0000, to be Brigadier General. General. General. Col. Carroll F. Pollett, 0000, to be Brigadier Brig. Gen. Michael A. Vane, 0000, to be Major Col. Carl B. Jensen, 0000, to be Brigadier General. General. General. Col. Robert J. Reese, 0000, to be Brigadier Brig. Gen. William G. Webster, Jr., 0000, to Col. Robert B. Neller, 0000, to be Brigadier General. be Major General. General. Col. Stephen V. Reeves, 0000, to be Brigadier The following named officer for appoint- Col. John M. Paxton, Jr., 0000, to be Briga- General. ment in the United States Army to the grade dier General.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9076 CONGRESSIONAL RECORD — SENATE September 4, 2001 Col. Edward G. Usher III, 0000, to be Briga- Capt. Richard K. Gallagher, 0000, to be Rear benefit programs for postmasters are dier General. Admiral.(Lower Half). established. The following named officers for appoint- Capt. Thomas J. Kilcline Jr., 0000, to be Rear S. 318 ment in the United States Marine Corps Re- Admiral.(Lower Half). serve to the grade indicated under title 10, Robert A. Stenevik in the Air Force to be At the request of Mr. DASCHLE, the U.S.C., section 12203: Colonel. names of the Senator from North Da- Col. Craig T. Boddington, 0000, to be Briga- 28 nominations in the Army received by kota (Mr. DORGAN) and the Senator dier General. the Senate beginning with Roger L Armstead from Connecticut (Mr. LIEBERMAN) Col. Scott Robertson, 0000, to be Brigadier and ending with Carl S Young, Jr. were added as cosponsors of S. 318, a General. 4 nominations in the Army received by the bill to prohibit discrimination on the The following named officer for appoint- Senate beginning with Donald W. Dawson, basis of genetic information with re- III and ending with Daniel F. Lee. ment in the United States Marine Corps Re- spect to health insurance. serve to the grade indicated under title 10, Curtis W. Marsh in the Marine Corps to be U.S.C., section 12203: Colonel. S. 345 At the request of Mr. ALLARD, the Brig. Gen. John J. McCarthy Jr., 0000, to be f Major General. name of the Senator from Washington The following named officers for appoint- ADDITIONAL COSPONSORS (Mrs. MURRAY) was added as a cospon- ment in the United States Navy to the grade S. 29 sor of S. 345, a bill to amend the Ani- indicated under title 10, U.S.C., section 624: At the request of Mr. BOND, the name mal Welfare Act to strike the limita- Capt. Robert D. Jenkins III, 0000, to be Rear of the Senator from Tennessee (Mr. tion that permits interstate movement Admiral.(lower half). FRIST) was added as a cosponsor of S. of live birds, for the purpose of fight- The following named officers for appoint- 29, a bill to amend the Internal Rev- ing, to States in which animal fighting ment in the United States Navy to the grade is lawful. indicated under title 10, U.S.C., section 624: enue Code of 1986 to allow a deduction for 100 percent of the health insurance S. 392 Rear Adm. (lh) Rand H. Fisher, 0000, to be Rear Admiral. costs of self-employed individuals. At the request of Mr. SARBANES, the Rear Adm. (lh) Charles H. Johnston Jr., 0000, S. 88 name of the Senator from Georgia (Mr. to be Rear Admiral. At the request of Mr. ROCKEFELLER, MILLER) was added as a cosponsor of S. The following named officers for appoint- the name of the Senator from Maine 392, a bill to grant a Federal Charter to ment in the United States Navy to the grade (Ms. COLLINS) was added as a cosponsor Korean War Veterans Association, In- indicated under title 10, U.S.C., section 624: of S. 88, a bill to amend the Internal corporated, and for other purposes. Rear Adm. (lh) DAVID ARCHITZEL, 0000, to Revenue Code of 1986 to provide an in- S. 503 be Rear Admiral. centive to ensure that all Americans At the request of Mr. REID, the name Rear Adm. (lh) JOSE L. BETANCOURT, 0000, to be Rear Admiral. gain timely and equitable access to the of the Senator from Minnesota (Mr. Rear Adm. (lh) ANNETTE E. BROWN, 0000, Internet over current and future gen- DAYTON) was added as a cosponsor of S. to be Rear Admiral. erations of broadband capability. 503, a bill to amend the Safe Water Act Rear Adm. (lh) JOSEPH D. BURNS, 0000, to S. 135 to provide grants to small public drink- be Rear Admiral. At the request of Mrs. FEINSTEIN, the ing water system. Rear Adm. (lh) BRIAN M. CALHOUN, 0000, to name of the Senator from Texas (Mrs. S. 543 be Rear Admiral. Rear Adm. (lh) KEVIN J. COSGRIFF, 0000, to HUTCHISON) was added as a cosponsor of At the request of Mr. WELLSTONE, the be Rear Admiral. S. 135, a bill to amend title XVIII of the names of the Senator from Connecticut Rear Adm. (lh) LEWIS W. CRENSHAW JR., Social Security Act to improve pay- (Mr. LIEBERMAN), the Senator from 0000, to be Rear Admiral. ments for direct graduate medical edu- California (Mrs. BOXER), and the Sen- Rear Adm. (lh) TERRANCE T. ETNYRE, cation under the medicare program. ator from South Dakota (Mr. DASCHLE) 0000, to be Rear Admiral. S. 145 were added as cosponsors of S. 543, a Rear Adm. (lh) MARK P. FITZGERALD, At the request of Mr. THURMOND, the bill to provide for equal coverage of 0000, to be Rear Admiral. mental health benefits with respect to Rear Adm. (lh) JONATHAN W. GREENERT, names of the Senator from New Jersey 0000, to be Rear Admiral. (Mr. TORRICELLI) and the Senator from health insurance coverage unless com- Rear Adm. (lh) CURTIS A. KEMP, 0000, to be Oklahoma (Mr. INHOFE) were added as parable limitations are imposed on Rear Admiral. cosponsors of S. 145, a bill to amend medical and surgical benefits. Rear Adm. (lh) ANTHONY W. LENGERICH, title 10, United States Code, to increase S. 587 0000, to be Rear Admiral. to parity with other surviving spouses At the request of Mr. CONRAD, the Rear Adm. (lh) WALTER B. MASSENBURG, the basic annuity that is provided name of the Senator from Texas (Mrs. 0000, to be Rear Admiral. Rear Adm. (lh) JAMES K. MORAN, 0000, to under the uniformed services Survivor HUTCHISON) was added as a cosponsor of be Rear Admiral. Benefit Plan for surviving spouses who S. 587, a bill to amend the Public Rear Adm. (lh) CHARLES L. MUNNS, 0000, are at least 62 years of age, and for Health Service Act and title XVIII of to be Rear Admiral. other purposes. the Social Security Act to sustain ac- Rear Adm. (lh) RICHARD B. PORTERFIELD, S. 170 cess to vital emergency medical serv- 0000, to be Rear Admiral. At the request of Mr. REID, the name ices in rural areas. Rear Adm. (lh) JAMES A. ROBB, 0000, to be S. 611 Rear Admiral. of the Senator from Oklahoma (Mr. Rear Adm. (lh) JOSEPH A. SESTAK JR., INHOFE) was added as a cosponsor of S. At the request of Ms. MIKULSKI, the 0000, to be Rear Admiral. 170, a bill to amend title 10, United name of the Senator from New York Rear Adm. (lh) STEVEN J. TOMASZESKI, States Code, to permit retired mem- (Mrs. CLINTON) was added as a cospon- 0000, to be Rear Admiral. bers of the Armed Forces who have a sor of S. 611, a bill to amend title II of Rear Adm. (lh) JOHN W. TOWNES III, 0000, service-connected disability to receive the Social Security Act to provide that to be Rear Admiral. both military retired pay by reason of the reduction in social security bene- Rear Adm. (lh) CHRISTOPHER E. WEAVER, their years of military service and dis- fits which are required in the case of 0000, to be Rear Admiral. Rear Adm. (lh) CHARLES B. YOUNG, 0000, to ability compensation from the Depart- spouses and surviving spouses who are be Rear Admiral. ment of Veterans Affairs for their dis- also receiving certain Government pen- Rear Adm. (lh) THOMAS E. ZELIBOR, 0000, ability. sions shall be equal to the amount by to be Rear Admiral. S. 177 which two-thirds of the total amount The following named officer for appoint- At the request of Mr. AKAKA, the of the combined monthly benefit (be- ment in the United States Navy to the grade names of the Senator from Washington fore reduction) and monthly pension indicated while assigned to a position of im- exceeds $1,200, adjusted for inflation. portance and responsibility under title 10, (Mrs. MURRAY) and the Senator from U.S.C., section 601: Montana (Mr. BURNS) were added as co- S. 659 Adm. James O. Ellis Jr., 0000, to be Admiral. sponsors of S. 177, a bill to amend the At the request of Mr. CRAPO, the The following named officers for appoint- provisions of title 39, United States name of the Senator from Texas (Mrs. ment in the United States Navy to the grade Code, relating to the manner in which HUTCHISON) was added as a cosponsor of indicated under title 10, U.S.C., section 624: pay policies and schedules and fringe S. 659, a bill to amend title XVIII of the

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9077 Social Security Act to adjust the labor (Mr. DODD) was added as a cosponsor of ginia (Mr. ROCKEFELLER) was added as costs relating to items and services S. 1027, a bill to expand the purposes of a cosponsor of S. 1169, a bill to stream- furnished in a geographically reclassi- the program of block grants to States line the regulatory processes applica- fied hospital for which reimbursement for temporary assistance for needy ble to home health agencies under the under the medicare program is pro- families to include poverty reduction, medicare program under title XVIII of vided on a prospective basis. and to make grants available under the the Social Security Act and the med- S. 690 program for that purpose. icaid program under title XIX of such At the request of Mr. WELLSTONE, the S. 1041 Act, and for other purposes. name of the Senator from South Da- At the request of Mr. FEINGOLD, the S. 1186 kota (Mr. DASCHLE) was added as a co- name of the Senator from Delaware At the request of Mr. DOMENICI, the sponsor of S. 690, a bill to amend title (Mr. BIDEN) was added as a cosponsor of name of the Senator from Washington XVIII of the Social Security Act to ex- S. 1041, a bill to establish a program for (Ms. CANTWELL) was added as a cospon- pand and improve coverage of mental an information clearinghouse to in- sor of S. 1186, a bill to provide a budg- health services under the medicare pro- crease public access to defibrillation in etary mechanism to ensure that funds gram. schools. will be available to satisfy the Federal S. 829 S. 1042 Government’s responsibilities with re- At the request of Mr. BROWNBACK, the At the request of Mr. INOUYE, the spect to negotiated settlements of dis- names of the Senator from Florida (Mr. name of the Senator from Washington putes related to Indian water rights NELSON) and the Senator from Okla- (Mrs. MURRAY) was added as a cospon- claims and Indian land claims. homa (Mr. INHOFE) were added as co- sor of S. 1042, a bill to amend title 38, S. 1206 sponsors of S. 829, a bill to establish United States Code, to improve bene- At the request of Mr. VOINOVICH, the the National Museum of African Amer- fits for Filipino veterans of World War name of the Senator from Georgia (Mr. ican History and Culture within the II, and for other purposes. MILLER) was added as a cosponsor of S. Smithsonian Institution. S. 1066 1206, a bill to reauthorize the Appa- S. 858 At the request of Mr. HATCH, the lachian Regional Development Act of At the request of Mr. HUTCHINSON, names of the Senator from Hawaii (Mr. 1965, and for other purposes. the name of the Senator from New INOUYE) and the Senator from Mary- S. 1226 Hampshire (Mr. SMITH) was added as a land (Ms. MIKULSKI) were added as co- At the request of Mr. SANTORUM, his cosponsor of S. 858, a bill to amend sponsors of S. 1066, a bill to amend title name was added as a cosponsor of S. title I of the Employee Retirement In- XVIII of the Social Security Act to es- 1226, a bill to require the display of the come Security Act of 1974 to improve tablish procedures for determining pay- POW/MIA flag at the World War II me- access and choice for entrepreneurs ment amounts for new clinical diag- morial, the Korean War Veterans Me- with small business with respect to nostic laboratory tests for which pay- morial, and the Vietnam Veterans Me- medical care for their employees. ment is made under the medicare pro- morial. S. 866 gram. S. 1232 At the request of Mr. REID, the S. 1125 At the request of Mr. MCCONNELL, names of the Senator from Washington At the request of Mr. MCCAIN, the the names of the Senator from Ken- (Ms. CANTWELL) and the Senator from names of the Senator from Washington tucky (Mr. BUNNING) and the Senator Arizona (Mr. KYL) were added as co- (Mrs. MURRAY) and the Senator from from South Carolina (Mr. THURMOND) sponsors of S. 866, a bill to amend the Nevada (Mr. REID) were added as co- were added as cosponsors of S. 1232, a Public Health Service Act to provide sponsors of S. 1125, a bill to conserve bill to provide for the effective punish- for a national media campaign to re- global bear populations by prohibiting ment of online child molesters, and for duce and prevent underage drinking in the importation, exportation, and other purposes. the United States. interstate trade of bear viscera and S. 1256 S. 990 items, products, or substances con- At the request of Mrs. FEINSTEIN, the At the request of Mr. SMITH of New taining, or labeled or advertised as con- Hampshire, the name of the Senator taining, bear viscera, and for other pur- names of the Senator from North Da- kota (Mr. DORGAN) and the Senator from Ohio (Mr. DEWINE) was added as a poses. from Kentucky (Mr. MCCONNELL) were cosponsor of S. 990, a bill to amend the S. 1132 added as cosponsors of S. 1256, a bill to Pittman-Robertson Wildlife Restora- At the request of Mr. CRAPO, the tion Act to improve the provisions re- name of the Senator from Iowa (Mr. provide for the reauthorization of the breast cancer research special postage lating to wildlife conservation and res- GRASSLEY) was added as a cosponsor of toration programs, and for other pur- S. 1132, a bill to amend the Federal stamp, and for other purposes. poses. Food, Drug, and Cosmetic Act relating S. 1258 S. 999 to the distribution chain of prescrip- At the request of Mr. DORGAN, the At the request of Mr. BINGAMAN, the tion drugs. names of the Senator from Illinois (Mr. names of the Senator from Hawaii (Mr. S. 1140 DURBIN) and the Senator from New INOUYE) and the Senator from Texas At the request of Mr. HATCH, the York (Mrs. CLINTON) were added as co- (Mrs. HUTCHISON) were added as cospon- names of the Senator from Delaware sponsors of S. 1258, a bill to improve sors of S. 999, a bill to amend title 10, (Mr. BIDEN) and the Senator from Ar- academic and social outcomes for teen- United States Code, to provide for a kansas (Mrs. LINCOLN) were added as age youth. Korea Defense Service Medal to be cosponsors of S. 1140, a bill to amend S. 1278 issued to members of the Armed Forces chapter 1 of title 9, United States Code, At the request of Mrs. LINCOLN, the who participated in operations in to provide for greater fairness in the names of the Senator from Maine (Ms. Korea after the end of the Korean War. arbitration process relating to motor COLLINS) and the Senator from Cali- S. 1009 vehicle franchise contracts. fornia (Mrs. FEINSTEIN) were added as At the request of Mrs. HUTCHISON, the S. 1163 cosponsors of S. 1278, a bill to amend name of the Senator from New York At the request of Mr. CORZINE, the the Internal Revenue Code of 1986 to (Mrs. CLINTON) was added as a cospon- name of the Senator from Pennsyl- allow a United States independent film sor of S. 1009, a bill to require the pro- vania (Mr. SANTORUM) was added as a and television production wage credit. vision of information to parents and cosponsor of S. 1163, a bill to increase S. 1284 adults concerning bacterial meningitis the mortgage loan limits under the Na- At the request of Mr. KENNEDY, the and the availability of a vaccination tional Housing Act for multifamily name of the Senator from Missouri with respect to such diseases. housing mortgage insurance. (Mrs. CARNAHAN) was added as a co- S. 1027 S. 1169 sponsor of S. 1284, a bill to prohibit em- At the request of Mr. SCHUMER, the At the request of Mr. FEINGOLD, the ployment discrimination on the basis name of the Senator from Connecticut name of the Senator from West Vir- of sexual orientation.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9078 CONGRESSIONAL RECORD — SENATE September 4, 2001 S. 1311 eries which supply day-old birds to The Federal Bureau of Investigation At the request of Mr. LEAHY, the family farmers and hobbyists. estimates 350,000 cases of identify theft name of the Senator from Minnesota For example, the McMurray Hatch- occur annually. (Mr. WELLSTONE) was added as a co- ery in Webster City, IA, has shipped If recent trends continue, reports of sponsor of S. 1311, a bill to amend the day-old chicks and other poultry to identity theft to the Federal Trade Immigration and Nationality Act to re- customers in all parts of the United Commission will double between 2000 affirm the United States historic com- States for over eighty years. The and 2001, to over 60,000 cases. mitment to protecting refugees who hatchery employs up to seventy people Fully 40 percent of all consumer are fleeing persecution or torture. in sseason and is a major contributor fraud complaints received by the FTC in the first three months of 2001 in- S. RES. 121 to the region’s economy. Ninety-five percent of the hatchery’s orders are volved identity theft. At the request of Mr. KERRY, the Consider some of the following cases: name of the Senator from Minnesota shipped through the mail, and carried by Northwest Airlines. Without the my constituent, Kim Bradbury of Cas- (Mr. DAYTON) was added as a cosponsor ability to deliver their product to their tro Valley, reported that an identity of S.Res. 121, a resolution expressing customers, however, the McMurray thief obtained a credit card in her the sense of the Senate regarding the Hatchery would likely be put out of name through the Internet in just 10 policy of the United States at the 53rd business. seconds. The false application only had Annual Meeting of the International In the community of Rudd, the Hoo- her Social Security number and birth Whaling Commission. ver Hatchery employs thirty people. date correct. S. RES. 139 The Welp Hatchery in Bancroft em- A man’s drivers license was stolen at At the request of Mr. GRASSLEY, the ploys fifty people. For these small, a night club in Florida. The thief names of the Senator from Oklahoma rural communities, each with fewer opened a checking account in the (Mr. INHOFE) and the Senator from than a thousand people, loss of these man’s name at multiple banks and used Kentucky (Mr. BUNNING) were added as hatcheries would be devastating. the accounts to engage in financial cosponsors of S.Res. 139, a resolution The legislation I introduce today fraud. The police, in pursuit of the designating September 24, 2001, as would protect these hatcheries and the identity thief, mistakenly arrested the ‘‘Family Day—A Day to Eat Dinner economies of Webster City, Rudd, Ban- victim five times for crimes committed with Your Children.’’ croft, and communities like them by the identity thief. One of the arrests At the request of Mr. BIDEN, the across the country. My legislation caused him to miss his honeymoon. names of the Senator from Connecticut would authorize the U.S. Postal Serv- Three youths robbed a young woman (Mr. LIEBERMAN), the Senator from ice to require an air carrier to accept on a San Francisco MUNI bus. The New York (Mrs. CLINTON), the Senator shipments of any day-old poultry and thieves stole her driver’s license and from Vermont (Mr. JEFFORDS), the Sen- other live animals that are also al- Social Security card. ator from Michigan (Mr. LEVIN), the lowed by the carriers’s cargo service. While the victim was traveling over Senator from Massachusetts (Mr. KEN- In addition, my legislation would per- the Christmas holiday, the thieves rep- NEDY), the Senator from Florida (Mr. mit the Postal Service to assess a rea- resented themselves as her and drained GRAHAM), and the Senator from Geor- sonable postage surcharge on ship- her bank accounts, and applied for cell gia (Mr. CLELAND) were added as co- ments of live poultry to compensate phones and credit cards in her name. sponsors of S. Res. 139, supra. carriers for any necessary additional This bill attempts to stem the tide of identity theft by requiring banks, cred- S. CON. RES. 44 expenses associated with the handling of live animals. it bureaus, and other financial institu- At the request of Mr. FITZGERALD, tions to take some practical steps to the name of the Senator from Idaho Most importantly, my legislation would ensure that the commitment of protect sensitive personal information. (Mr. CRAIG) was added as a cosponsor of the United States Postal Service to de- 1. The Identity Theft Prevention Act S.Con.Res. 44, a concurrent resolution of 2001 would require all new credit- expressing the sense of the Congress re- liver all of the mail, without discrimination, would not be broken. There- card machines to truncate any credit garding National Pearl Harbor Remem- card number printed on a customer re- brance Day. fore, I urge my Senate colleagues to support this legislation and to uphold ceipt. Thus, when a store gives a cus- f our obligation to America’s hatcheries tomer a receipt from a credit card pur- STATEMENTS ON INTRODUCED and family farmers. chase, only the last five digits of the BILLS AND JOINT RESOLUTIONS credit card number will show. This pre- By Mrs. FEINSTEIN (for herself, vents identity thieves from stealing By Mr. GRASSLEY (for himself Mr. SHELBY, Mr. CORZINE, Mr. credit card numbers by retrieving dis- and Mr. FEINGOLD): KYL, and Mr. GRASSLEY): carded receipts. Existing machines S. 1397. A bill to ensure availability S. 1399. A bill to prevent identity would have to be reprogrammed to of the mail to transmit shipments of theft, and for other purposes; to the truncate credit card numbers on re- day-old poultry; to the Committee on Committee on Banking, Housing, and ceipts by 2006. Given that most credit Governmental Affairs. Urban Affairs. machines have a working life of ap- Mr. GRASSLEY. Madam President, I Mrs. FEINSTEIN. Madam President, proximately five years, this reprogram- rise today be introduce legislation that I rise to introduce the Identity Theft ming requirement will put a minimal will ensure the continued availability Prevention Act of 2001 along with Sen- burden on businesses. of the U.S. mail for the shipment of ator SHELBY, Senator CORZINE, Senator 2. The bill requires a credit card com- day-old poultry * * * For decades, KYL, and Senator GRASSLEY. pany to notify consumers when an ad- America’s hatcheries and family farm- The goal of this legislation is to re- ditional credit card is requested on an ers have relied on the United States quire credit bureaus and banks to take existing credit account within 30 days Postal Service to safely and efficiently precautions against identity theft and of an address change request. deliver live, day-old poultry. However, to assist identity theft victims in re- 3. The bill would require credit bu- Northwest Airlines, the last contractor storing their good name. reaus to alert credit issuers of discrep- to provide the service to the Postal What is identity theft? Identity theft ancies between the consumer’s address Service in the Midwest recently de- occurs when one person uses another in the bureau’s records and the address cided to discontinue the shipment of person’s Social Security number, birth in the consumer’s application for cred- live poultry as of September 1. date, driver’s license number, or other it. Thus, credit card issuers would be the decision by the air carriers to identifying information to obtain cred- alerted to possible fraud. stop working with the Postal Service it cards, car loans, phone plans or 4. This bill codifies the industry prac- has placed the economic vitality of other services in the victim’s name. tice of placing fraud alerts on a con- many rural communities and the liveli- The criminal literally assumes the sumer’s credit file and gives the Fed- hoods of many of my constituents in identity of the victim for illicit gain. eral Trade Commission the authority serious jeopardy. In fact, hundreds of Identity theft is one of the fastest to impose fines against credit issuers Iowans are employed in Iowa hatch- growing crimes in the new economy. that ignore the alert.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9079 Too many credit card issuers are sibility to prevent fraudsters from purposes; to the Committee on Armed granting new cards without adequately using their services to harm the good Services. verifying the identity of the applicant. name of other citizens. Morever, in this ∑ Mr. KENNEDY. Madam President, Putting some teeth into fraud alerts complex, information-driven society, today, I am introducing legislation to will curb irresponsible granting of consumers simply can’t protect their ensure that disabled family members of credit. good name on their own. our active duty military have greater I also would have reintroduced a pro- Mr. SHELBY. Madam President, I am access to the health care they deserve. vision from the Identity Theft Preven- pleased to join Senator FEINSTEIN in Early last year, a young man in the tion Act of 2000, requiring that the introducing the ‘‘Identity Theft Pre- United States Air Force drove over 12 Federal Trade Commission, FTC, de- vention Act of 2001.’’ hours with his wife and disabled 4 year velop a Model Reporting Form for vic- Unfortunately, with the growth of old daughter to testify about how im- tims to send to creditors. electronic commerce, there has been a portant it was to make Medicaid more However, I am pleased to report that corresponding growth in the number of accessible. Why? Because the military the FTC, encouraged by last year’s high tech crimes. In fact, identity theft health care system does not provide for identity theft bill, has drafted this is now the fastest growing crime in the his daughter’s needs, and Medicaid model form. United States. Over the last few years, does. But, in order to continue her eli- The new form will be launched in the identity thieves have stolen billions of gibility for Medicaid, this service mem- next several weeks, and will be accept- dollars from hundreds of thousands of ber could not accept his promotion to ed by the three major credit bureaus as people. the next rank. well as several major financial institu- The difficulties for victims of iden- No member of the Armed Forces, who tions. It will reduce substantially the tity theft do not simply end after the risk their lives for our country should paperwork burden on identity theft crime that has been committed. It can ever be put in a position of having to victims who otherwise would have to take years and considerable effort for decide between health care for their file literally dozens of reports of fraud. victims to clear their names, reestab- disabled child and doing their job for The simple, concrete proposals of lish their credit histories and get our country. Nor should these families this bill are are necessary because fi- themselves back on their feet. In some have to rely on Medicaid to find health nancial institutions are the stewards of cases, the crime never ends: stolen per- care that works. This bill corrects the personal financial data. They have sonal information is used repeatedly by injustices these families have suffered. unique access and control over the numerous thieves placing individuals The TRICARE Modernization Act inte- most sensitive personal information in an endless cycle of victimization. grates services for disabled dependents like one’s bank account balance or The ‘‘Identity Theft Prevention Act into the basic military health benefit one’s credit card number. With this of 2001’’ is intended as a first step to- program, so that no medically nec- unique access comes a responsibility. wards combating this devastating essary services can be denied. It allows Some may question why Congress crime. The legislation requires new, disabled dependents to receive care needs to impose tighter information common sense measures such as: noti- that is necessary to maintain their practices on banks and credit bureaus fying a credit card holder of a request functions and prevent further deterio- to address the identify theft crisis. for an additional card or request to ration of their disability. It provides After all, it is true that banks are on change an address; requiring consumer skilled nursing care as long as is nec- the hook for any personal credit losses approval prior to the issuance of credit; essary, and is coordinated with Medi- over $50 due to fraud. and truncation of credit card account care. And, it authorizes respite care, Presumably, if banks were losing ex- numbers on print-out receipts. These hearing aids, and other therapies to cessive amounts of money due to iden- provisions are intended to reduce the help a disabled person stay or become tity theft, they would tighten their in- opportunities of thieves to obtain the independent. formation practices. However, the consumer data they use to commit We know how far we have come in problems that face identity theft vic- fraud in the first place. the ongoing battle over many decades tims are independent of market forces. Additionally, in an effort to ease the to guarantee that disabled people have So much of identify theft victims’ considerable burdens the crime places the independence they need to be par- suffering comes from sources other on its victims, the bill makes it easier ticipating members of their commu- than credit card losses. for consumers to report fraud and for nities. Our military families with dis- For example, victims often face ex- them to quickly restore their credit abled dependents should not be denied treme difficulties clearing their dam- history after they have been targeted. that opportunity. aged credit, or even a criminal record, The seriousness of the of the crime of Enactment of this legislation is one caused by the thief. The typical victim identity theft has already been well of the most significant steps we can of identity theft spends over 175 hours documented in economic terms: hun- take in this Congress. It offers a new over two years to clear his name. dreds of thousands of people have lost and better life to large numbers of This legislation has earned the wide- billions of dollars. However, the crime military families. It gives servicemen spread support from a number of con- causes additional losses that far exceed and women, and their disabled family sumer and victims groups including the the economic ones. An identity theft members, the health care they need. Identity Theft Resources Center, the victim can lose his or her hard-earned And, most important for active duty Privacy Rights Clearinghouse, Con- good name and reputation in a matter military members and their families, it sumers Union, U.S. PIRG, and Con- of seconds. I believe Senator FEIN- ensures that disability need no longer ∑ sumer Federation of America. STEIN’s bill will help prevent such as- end the American dream. The Identity Theft Prevention Act of saults and it will help those who are f 2001 requires financial institutions to victimized restore their credit record AMENDMENTS SUBMITTED AND take some simple precautions to pre- and their reputation more quickly. I PROPOSED vent identity fraud and protect a per- am pleased to be an original cosponsor SA 1481. Mr. THOMPSON proposed an son’s good name. of this bill. Verifying a credit applicant’s ad- amendment to the bill S. 149, to provide authority to control exports, and for other pur- dress, complying with ‘‘fraud alerts’’, By Mr. KENNEDY: poses. notifying credit card holders of un- S. 1402. A bill to amend title 10, SA 1482. Mr. HELMS submitted an amend- usual requests for new cards, and trun- United States Code, to fully integrate ment intended to be proposed by him to the cating credit numbers on receipts are the beneficiaries of the Individual Case bill S. 149, supra; which was ordered to lie on all measures that will it make harder Management Program into the the table. for criminals to engage in identify TRICARE program, to provide long- SA 1483. Mr. HELMS submitted an amend- term health care benefits under the ment intended to be proposed by him to the fraud. bill S. 149, supra; which was ordered to lie on It is appropriate and necessary for fi- TRICARE program and otherwise to the table. nancial institutions to take these improve the benefits provided under SA 1484. Mr. HELMS submitted an amend- steps. These companies have a respon- the TRICARE program, and for other ment intended to be proposed by him to the

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9080 CONGRESSIONAL RECORD — SENATE September 4, 2001 bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on vide authority to control exports, and the table. the table. for other purposes; as follows: SA 1485. Mr. HELMS submitted an amend- SA 1507. Mr. HELMS submitted an amend- On page 232, strike lines 16 through 18, and ment intended to be proposed by him to the ment intended to be proposed by him to the insert the following: bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on (1) AGREEMENT OF THE APPLICANT; COM- the table. the table. PLEXITY OF ANALYSIS; NATIONAL SECURITY IM- SA 1486. Mr. HELMS submitted an amend- SA 1508. Mr. HELMS submitted an amend- PACT.— ment intended to be proposed by him to the ment intended to be proposed by him to the (A) AGREEMENT OF THE APPLICANT.—Delays bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on upon which the Secretary and the applicant the table. the table. mutually agree. SA 1487. Mr. HELMS submitted an amend- SA 1509. Mr. HELMS submitted an amend- (B) COMPLEXITY OF ANALYSIS.—The review- ment intended to be proposed by him to the ment intended to be proposed by him to the ing department or agency requires more bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on time due to the complexity of the analysis, if the table. the table. the additional time is not more than 60 days. SA 1488. Mr. HELMS submitted an amend- SA 1510. Mr. HELMS submitted an amend- (C) NATIONAL SECURITY IMPACT.—The re- ment intended to be proposed by him to the ment intended to be proposed by him to the viewing department or agency requires addi- bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on tional time because of the potential impact the table. the table. on the national security or foreign policy in- SA 1489. Mr. HELMS submitted an amend- SA 1511. Mr. HELMS submitted an amend- terests of the United States, if the additional ment intended to be proposed by him to the ment intended to be proposed by him to the time is not more than 60 days. bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on the table. the table. SA 1482. Mr. HELMS submitted an SA 1490. Mr. HELMS submitted an amend- SA 1512. Mr. HELMS submitted an amend- amendment intended to be proposed by ment intended to be proposed by him to the ment intended to be proposed by him to the him to the bill S. 149, to provide au- bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on thority to control exports, and for the table. the table. other purposes; which was ordered to SA 1491. Mr. HELMS submitted an amend- SA 1513. Mr. HELMS submitted an amend- lie on the table; as follows: ment intended to be proposed by him to the ment intended to be proposed by him to the On page 218, beginning with line 4, strike bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on all through line 7, and insert the following: the table. the table. (c) EFFECTIVE DATE OF TERMINATION.—The SA 1492. Mr. HELMS submitted an amend- SA 1514. Mr. HELMS submitted an amend- termination of an export control pursuant to ment intended to be proposed by him to the ment intended to be proposed by him to the this section shall take effect 30 days after bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on the President has consulted with the Com- the table. the table. mittee on Foreign Relations of the Senate SA 1493. Mr. HELMS submitted an amend- SA 1515. Mr. HELMS submitted an amend- and the Committee on International Rela- ment intended to be proposed by him to the ment intended to be proposed by him to the tions of the House of Representatives on the bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on foreign policy implications of such termi- the table. the table. nation. Notice of the termination shall be SA 1494. Mr. HELMS submitted an amend- SA 1516. Mr. HELMS submitted an amend- published in the Federal Register. ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on SA 1483. Mr. HELMS submitted an the table. the table. amendment intended to be proposed by SA 1495. Mr. HELMS submitted an amend- SA 1517. Mr. HELMS submitted an amend- him to the bill S. 149, to provide au- ment intended to be proposed by him to the ment intended to be proposed by him to the thority to control exports, and for bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on the table. other purposes; which was ordered to the table. lie on the table; as follows: SA 1496. Mr. HELMS submitted an amend- SA 1518. Mr. HELMS submitted an amendment intended to be proposed by him to the ment intended to be proposed by him to the On page 210, beginning on line 13, strike all bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on through line 20, and insert the following: (1) CONSULTATION; REPORT.—The President the table. the table. shall consult with the Committee on Foreign SA 1497. Mr. HELMS submitted an amend- SA 1519. Mr. HELMS submitted an amend- Relations and the Committee on Banking, ment intended to be proposed by him to the ment intended to be proposed by him to the Housing, and Urban Affairs of the Senate, bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on and the Committee on International Rela- the table. the table. tions of the House of Representatives, re- SA 1498. Mr. HELMS submitted an amend- SA 1520. Mr. HELMS submitted an amend- garding any export control proposed under ment intended to be proposed by him to the ment intended to be proposed by him to the this tile. The Secretary of State shall submit bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on a report to the Committee on Foreign Rela- the table. the table. tions of the Senate and the Committee on SA 1499. Mr. HELMS submitted an amend- SA 1521. Mr. HELMS submitted an amend- International Relations of the House of Rep- ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 149, supra; which was ordered to lie on resentatives describing efforts to achieve or bill S. 149, supra; which was ordered to lie on increase multilateral cooperation on the the table. the table. SA 1500. Mr. HELMS submitted an amend- issues or problems underlying the proposed SA 1522. Mr. HELMS submitted an amend- export control. ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on SA 1484. Mr. HELMS submitted an the table. the table. SA 1501. Mr. HELMS submitted an amend- amendment intended to be proposed by SA 1523. Mr. HELMS submitted an amend- him to the bill S. 149, to provide au- ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on thority to control exports, and for the table. the table. other purposes; which was ordered to SA 1502. Mr. HELMS submitted an amend- SA 1524. Mr. HELMS submitted an amend- lie on the table; as follows: ment intended to be proposed by him to the ment intended to be proposed by him to the On page 207, line 3, strike ‘‘in consultation bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on with’’ and insert ‘‘with the concurrence of’’. the table. the table. SA 1503. Mr. HELMS submitted an amend- SA 1525. Mr. HELMS submitted an amend- SA 1485. Mr. HELMS submitted an ment intended to be proposed by him to the ment intended to be proposed by him to the amendment intended to be proposed by bill S. 149, supra; which was ordered to lie on bill S. 149, supra; which was ordered to lie on him to the bill S. 149, to provide au- the table. the table. SA 1504. Mr. HELMS submitted an amend- thority to control exports, and for SA 1526. Mr. HELMS submitted an amendment intended to be proposed by him to the other purposes; which was ordered to ment intended to be proposed by him to the bill S. 149, supra; which was ordered to lie on lie on the table; as follows: bill S. 149, supra; which was ordered to lie on the table. On page 188, line 1, after the period insert the table. SA 1505. Mr. HELMS submitted an amend- the following: ‘‘The Secretary shall provide ment intended to be proposed by him to the f notice to Congress whenever the country bill S. 149, supra; which was ordered to lie on TEXT OF AMENDMENTS tiers are reassigned.’’. the table. SA 1506. Mr. HELMS submitted an amend- SA 1481. Mr. THOMPSON proposed an SA 1486. Mr. HELMS submitted an ment intended to be proposed by him to the amendment to the bill S. 149, to pro- amendment intended to be proposed by

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9081 him to the bill S. 149, to provide au- him to the bill S. 149, to provide au- SA 1493. Mr. HELMS submitted an thority to control exports, and for thority to control exports, and for amendment intended to be proposed by other purposes; which was ordered to other purposes; which was ordered to him to the bill S. 149, to provide au- lie on the table; as follows: lie on the table; as follows: thority to control exports, and for On page 193, line 11, after ‘‘determine’’ in- On page 318, between lines 12 and 13, insert other purposes; which was ordered to sert ‘‘, with the concurrence of the Secre- the following: lie on the table; as follows: taries of State, Defense, and Energy,’’. SEC. 702. CONGRESSIONAL NOTIFICATION. On page 183, beginning on page 10, strike (a) IN GENERAL.—The President shall all through line 14 and insert the following: SA 1487. Mr. HELMS submitted an promptly notify the appropriate committees (c) END USE AND END USER CONTROLS.— amendment intended to be proposed by of Congress whenever an actual or alleged Notwithstanding any other provision of this him to the bill S. 149, to provide au- violation of this Act has occurred that is Act, controls may be imposed, based on the thority to control exports, and for likely to cause harm or damage to United end use or end user, on the export of any States national security interests. item, that could contribute to the prolifera- other purposes; which was ordered to (b) EXCEPTION.—The requirement in sub- tion of weapons of mass destruction or the lie on the table; as follows: section (a) shall not apply if the President means to deliver them. On page 218, line 6, strike ‘‘on the date’’ determines that notification of the appro- (d) PROCEDURE FOR END USE CONTROLS.—To and all that follows through ‘‘Register’’ on priate committees of Congress under such facilitate the proper exercise of the author- line 7, and insert the following: ‘‘30 days paragraph would jeopardize an ongoing ity described in subsection (c) and the ability after the President has consulted with the criminal investigation. If the President of the Department of Commerce and other Committee on Foreign Relations of the Sen- makes such a determination, the President agencies to conduct cumulative effects anal- ate and the Committee on International Re- shall provide written notification of such de- yses, the following procedures shall apply: lations of the House of Representatives on termination to the Speaker of the House of (1) PRIOR APPROVAL OF EXPORTS AND REEX- the foreign policy implications of such ter- Representatives, the majority leader of the PORTS.— Senate, the minority leader of the House of mination. Notice of the termination shall be (A) IN GENERAL.—The President shall not published in the Federal Register.’’. Representatives, and the minority leader of permit any covered item to be exported or the Senate. The notification shall include a reexported to a covered country without a li- Mr. HELMS submitted an justification for the determination. SA 1488. cense, if the Secretary of Commerce, the (c) IDENTIFICATION OF PERSONS SUBJECT TO amendment intended to be proposed by Secretary of Defense, the Secretary of En- INVESTIGATION.—The Secretary of Commerce him to the bill S. 149, to provide au- ergy, or the Secretary of State objects in thority to control exports, and for and the Attorney General shall develop appropriate mechanisms to identify, for the writing to the export or reexport of the cov- other purposes; which was ordered to purposes of processing export licenses, per- ered item. Any person proposing to export or lie on the table, as follows: sons who are the subject of an investigation reexport such an item (including replace- On page 188, line 3, after ‘‘Senate’’ insert ‘‘, for a violation described in this subsection. ment parts for any such item) shall notify the Committee on Foreign Relations of the (d) PROTECTION OF CLASSIFIED AND OTHER the Secretary of Commerce, who, within 24 Senate,’’. SENSITIVE INFORMATION.—The appropriate hours after receiving the notification, shall committees of Congress shall ensure that ap- transmit the notification to the Secretary of SA 1489. Mr. HELMS submitted an propriate procedures are in place to protect Defense, the Secretary of Energy, and the amendment intended to be proposed by from unauthorized disclosure classified in- Secretary of State. him to the bill S. 149, to provide au- formation, information relating to intel- (B) TIME LIMIT.—If the Secretary of De- ligence sources and methods, and sensitive fense, the Secretary of Energy, or the Sec- thority to control exports, and for retary of State, objects to the export or reex- other purposes; which was ordered to law enforcement information that is furnished to those committees pursuant to this port of a covered item, the Secretary shall lie on the table, as follows: section. file the objections in writing within 10 days On page 210, beginning on line 13, strike all (e) STATUTORY CONSTRUCTION.—Nothing in after the notification is received under sub- through line 20, and insert the following: this section shall be construed to modify or paragraph (A). If such a written objection to (1) CONSULTATION; REPORT.—The President supersede any other requirement to report the export or reexport of an item is filed, the shall consult with the Committee on Foreign information on intelligence activities to item may be exported or reexported only Relations and the Committee on Banking, Congress, including the requirement under pursuant to a license issued by the Secretary Housing, and Urban Affairs of the Senate, section 501 of the National Security Act of of Commerce under the Export Administra- and the Committee on International Rela- 1947 (50 U.S.C. 413). tion Regulations of the Department of Com- tions of the House of Representatives, re- (f) ROLE OF COMMITTEE ON FOREIGN RELA- merce, without regard to the licensing ex- garding any export control proposed under TIONS.—Any requirement in title II, III, or V ceptions otherwise authorized under section this title. The Secretary of State shall sub- to consult with, brief, or report to the Com- 740.7 of title 15, Code of Federal Regulations, mit a report to the Committee on Foreign mittee on Banking, Housing, and Urban Af- as in effect on June 10, 1997. If no objection Relations of the Senate and the Committee fairs of the Senate shall also apply to the is filed within the 10-day period, the export on International Relations of the House of Committee on Foreign Relations of the Sen- or reexport shall be allowed. Representatives describing efforts to achieve ate. (2) EXCEPTION.—The notification require- or increase multilateral cooperation on the (g) DEFINITION.—In this section, the term ments described in paragraph (1) shall not issues or problems underlying the proposed ‘‘appropriate committees of Congress’’ apply to a covered item, if— export control. means the following: (A) the Secretary of Commerce determines (1) The Committee on Armed Services, the that the requirements should not apply and SA 1490. Mr. HELMS submitted an Committee on Foreign Relations, the Com- the Secretaries of State, Defense, Energy, amendment intended to be proposed by mittee on Governmental Affairs, the Com- and the Treasury, and the Director of Cen- him to the bill S. 149, to provide au- mittee on Banking, Housing, and Urban Af- tral Intelligence, concur; and fairs, and the Select Committee on Intel- thority to control exports, and for (B) the item has not been included on the ligence of the Senate. Commerce Control List or the National Se- other purposes; which was ordered to (2) The Committee on Armed Services, the curity Control List for at least 5 years. lie on the table, as follows: Committee on International Relations, and (3) DEFINITIONS.—In this subsection: On page 210, beginning on line 13, strike all the Permanent Select Committee on Intel- (A) COVERED COUNTRY.— through line 20, and insert the following: ligence of the House of Representatives. (i) IN GENERAL.—The term ‘‘covered coun- (1) REQUIREMENT.—The President shall con- try’’ means any country explicitly identified sult with the Committees on Foreign Rela- SA 1492. Mr. HELMS submitted an by the Director of Central Intelligence as a tions Banking, Housing, and Urban Affairs of amendment intended to be proposed by recipient, source, or supplier of dual-use and the Senate, and the Committee on Inter- him to the bill S. 149, to provide au- other technology in the most recent report national Relations of the House of Rep- thority to control exports, and for required under section 721 of the Intelligence resentatives regarding any export control other purposes; which was ordered to Authorization Act for Fiscal Year 1997 (or proposed under this title. The Secretary of lie on the table; as follows: any successor report on the acquisition by State shall report separately to the Com- On page 325, beginning with line 6, strike foreign countries of dual-use and other tech- mittee on Foreign Relations of the Senate all through line 9, and insert the following: nology useful for the development or produc- and the Committee on International Rela- (k) RELATIONSHIP TO THE AECA.—Nothing tion of weapons of mass destruction). Any tions of the House of Representatives on ef- in this Act shall be construed to alter or af- country that was identified in a report re- forts to achieve or increase multilateral co- fect— quired under such section 721, but is not operation on the issues or problems under- (1) any provisions of the Arms Export Con- identified in subsequent reports, shall con- lying the proposed export control. trol Act; or tinue to be considered a covered country for (2) any authority delegated by the Presi- purposes of this title until the country is not SA 1491. Mr. HELMS submitted an dent to the Secretary of State under the identified in the report for 5 consecutive amendment intended to be proposed by Arms Export Control Act. years.

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(ii) INITIAL COUNTRIES.—On the date of en- to 10 times the value of the exports involved acquisition by foreign countries of dual-use actment of this Act, China, Russia, North or $10,000,000, whichever is greater, for each and other technologies that can be used for Korea, Iran, Iraq, Syria, Sudan, Libya, India, violation. the development or production of weapons of Pakistan, and Egypt shall be considered cov- (b) FORFEITURE OF PROPERTY INTEREST AND mass destruction). ered countries for purposes of this title and PROCEEDS.— shall continue to be considered covered (1) FORFEITURE.—Any person who is con- SA 1499. Mr. HELMS submitted an countries pursuant to clause (i). victed under paragraph (1) or (2) of sub- amendment intended to be proposed by (B) COVERED ITEM.—The term ‘‘covered section (a) shall, in addition to any other him to the bill S. 149, to provide au- item’’ means any item that was removed penalty, forfeit to the United States— thority to control exports, and for (A) any of that person’s security or other from the Commerce Control List or the Na- other purposes; which was ordered to tional Security Control List after January 1, interest in, claim against, or property or 1992 (including computers with a composite contractual rights of any kind in the tan- lie on the table; as follows: theoretical performance level of more than gible items that were the subject of the vio- Beginning on page 177, line 22, strike all 6,500 MTOPS), and any item listed on the lation; through page 178, line 21 and insert the fol- Commerce Control List or the National Se- (B) any of that person’s security or other lowing: curity Control List. interest in, claim against, or property or (b) CONSULTATION WITH PERSONS AF- (4) REPORT.—Not later than February 1 of contractual rights of any kind in the tan- FECTED.—The Secretary shall consult regu- each year, the Director of Central Intel- gible property that was used in the export or larly with representatives of a broad spec- ligence, with the assistance of the Secre- attempt to export that was the subject of the trum of enterprises, labor organizations, taries of State, Defense, Energy, and Com- violation; and nonproliferation and national security ex- merce, shall report to Congress on the cumu- (C) any of that person’s property consti- perts, and citizens interested in or affected lative effects and national security implica- tuting, or derived from, any proceeds ob- by export controls in order to obtain their tions of exporting and reexporting covered tained directly or indirectly as a result of views on United States export control policy items to covered countries. the violation. and the foreign availability or mass-market (2) PROCEDURES.—The procedures in any status of controlled items. SA 1494. Mr. HELMS submitted an forfeiture under this subsection, and the du- SEC. 104. RIGHT OF EXPORT. amendment intended to be proposed by ties and authority of the courts of the United No license or other authorization to export him to the bill S. 149, to provide au- States and the Attorney General with re- may be required under this Act, or under thority to control exports, and for spect to any forfeiture action under this sub- regulations issued under this Act, except to section, or with respect to any property that other purposes; which was ordered to carry out the provisions of this Act. may be subject to forfeiture under this sub- SEC. 105. EXPORT CONTROL ADVISORY COMMIT- lie on the table; as follows: section, shall be governed by the provisions TEES. On page 209, beginning on line 1, strike all of chapter 46 of title 18, United States Code (a) APPOINTMENT.—Upon the Secretary’s through line 9, and insert the following: (relating to criminal forfeiture), to the same own initiative or upon the written request of (A) there is a threat to a foreign policy in- extent as property subject to forfeiture representatives of a substantial segment of terest of the United States; and under that chapter. any industry which produces any items sub- (B) the prohibition of exports under each (c) CIVIL PENALTIES; ADMINISTRATIVE SANC- ject to export controls under this Act or binding contract, agreement, commitment, TIONS.— being considered for such controls, the Sec- license, or authorization will be instru- (1) CIVIL PENALTIES.—The Secretary may retary may appoint export control advisory mental in remedying the situation posing impose a civil penalty of up to $1,000,000 for committees with respect to any such items. the threat. each violation of a provision of this Act or Each such committee shall consist of rep- any regulation, license, or order issued under resentatives of United States industry and SA 1495. Mr. HELMS submitted an this Act. A civil penalty under this para- Government officials, including officials amendment intended to be proposed by graph may be in addition to, or in lieu of, from the Departments of Commerce, De- him to the bill S. 149, to provide au- any other liability or penalty which may be fense, and State, and other appropriate de- thority to control exports, and for imposed for such a violation. partments and agencies of the Government. other purposes; which was ordered to The Secretary shall permit the widest pos- SA 1497. Mr. HELMS submitted an lie on the table, as follows: sible participation by the business commu- amendment intended to be proposed by nity and nonproliferation and national secu- On page 176, beginning on line 7, strike all him to the bill S. 149, to provide au- rity experts on the export control advisory through line 11, and insert the following: committees. (1) The Secretary determines that such li- thority to control exports, and for cense is required to export such parts; other purposes; which was ordered to lie on the table, as follows: SA 1500. Mr. HELMS submitted an (2) The Secretary of State and the Sec- amendment intended to be proposed by retary of Defense determine that such serv- On page 176, beginning on line 7, strike all ice or parts should be controlled for national through line 11, and insert the following: him to the bill S. 149, to provide au- security or foreign policy reasons under this (1) the Secretary determines that such li- thority to control exports, and for Act; or cense is required to export such parts; other purposes; which was ordered to (3) the after-market service or replacement (2) the Secretary of State and the Sec- lie on the table; as follows: parts would materially enhance the capa- retary of Defense determine that such serv- On page 235, beginning on line 13, strike all bility of an item which was the basis for the ice or parts should be controlled for national through line 25, and insert the following: item being controlled. security or foreign policy reasons under this (b) INTERAGENCY DISPUTE RESOLUTION Act; or PROCESS.— SA 1496. Mr. HELMS submitted an (3) the after-market service or replacement (1) INITIAL RESOLUTION.—The duties de- amendment intended to be proposed by parts would materially enhance the capa- scribed in this subsection shall rotate each him to the bill S. 149, to provide au- bility of an item which was the basis for the year among the Secretaries of Defense, thority to control experts, and for item being controlled. State, and Commerce. The appropriate Sec- other purposes; which was ordered to retary shall establish, select the chairperson SA 1498. Mr. HELMS submitted an lie on the table; as follows: of, and determine procedures for an inter- amendment intended to be proposed by agency committee to review initially all li- On page 255, beginning with line 12, strike him to the bill S. 149, to provide au- cense applications described in subsection (a) all through page 257, line 13, and insert the thority to control exports, and for with respect to which the Department of following: Commerce and any of the referral depart- (1) VIOLATIONS BY AN INDIVIDUAL.—Any in- other purposes; which was ordered to lie on the table; as follows: ments and agencies are not in agreement. dividual who knowingly violates, conspires The chairperson shall consider the positions to violate, or attempts to violate any provi- On page 222, after line 4, insert the fol- of all the referral departments and agencies sion of this Act or any regulation, license, or lowing: (which shall be included in the minutes de- order issued under this Act shall be fined up SEC. 311. DESIGNATION OF COUNTRIES IDENTI- scribed in subsection (c)(2)) and make a deci- to 10 times the value of the exports involved FIED AS KEY PROLIFERATOR sion on the license application, including ap- or $1,000,000, whichever is greater, impris- STATES. propriate revisions or conditions thereto. oned for not more than 10 years, or both, for A license shall be required under this Act each violation. to export an item to any country that has SA 1501. Mr. HELMS submitted an (2) VIOLATIONS BY A PERSON OTHER THAN AN been identified by the Director of Central In- amendment intended to be proposed by INDIVIDUAL.—Any person other than an indi- telligence as a source or supplier of dual-use vidual who knowingly violates, conspires to and other technologies in the most recent re- him to the bill S. 149, to provide au- violate, or attempts to violate any provision port required under section 721 of the Intel- thority to control exports, and for of this Act or any regulation, license, or ligence Authorization Act for Fiscal Year other purposes; which was ordered to order issued under this Act shall be fined up 1997 (or any successor report regarding the lie on the table; as follows:

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9083 Beginning on page 200, line 9, strike all be fully capable of completing, in a timely him to the bill S. 149, to provide au- through page 201, line 13. and comprehensive manner, a cumulative ef- thority to control exports, and for fects analysis of controlled items that are other purposes; which was ordered to Mr. HELMS submitted an approved or not approved for export. The SA 1502. lie on the table; as follows: amendment intended to be proposed by analysis shall include an examination of how such items could collectively enhance a On page 207, beginning with line 20, strike him to the bill S. 149, to provide au- all through page 208, line 4. thority to control exports, and for country’s military modernization or contribute to the proliferation of weapons of other purposes; which was ordered to mass destruction, ballistic missiles, and ad- SA 1511. Mr. HELMS submitted an lie on the table; as follows: vanced conventional weapons.’’. amendment intended to be proposed by On page 186, after line 25, insert the fol- him to the bill S. 149, to provide au- lowing: SA 1506. Mr. HELMS submitted an thority to control exports, and for (d) REMOVAL FROM NATIONAL SECURITY amendment intended to be proposed by other purposes; which was ordered to CONTROL LIST.—If the Secretary of Com- him to the bill S. 149, to provide au- lie on the table; as follows: merce, with the concurrence of the Secre- thority to control exports, and for taries of State and Defense and in consulta- On page 219, lines 7 and 8, strike ‘‘signifi- other purposes; which was ordered to cant’’. tion with the Secretary of Energy and the lie on the table; as follows: Director of Central Intelligence, determines an item no longer warrants export control, On page 312, beginning on line 9, strike all SA 1512. Mr. HELMS submitted an the item shall be removed from the National through page 313, line 3, and insert the fol- amendment intended to be proposed by Security Control List. lowing: him to the bill S. 149, to provide au- (2) AVAILABILITY TO CONGRESS— (e) COMMENT AND REVIEW BY DEFENSE, thority to control exports, and for (A) IN GENERAL.—Any information ob- STATE, AND ENERGY.—The Secretaries of De- tained at any time under this title or under other purposes; which was ordered to fense, State, and Energy may review and any predecessor Act regarding the control of lie on the table; as follows: identify, on a continuing basis, items which exports, including any report or license ap- On page 190, between lines 14 and 15, insert should be considered for the national Secu- plication required under this title, shall be the following: rity Control List, and initiate action for the made available to any Member, committee, (11) The extent to which a country, pursu- consideration of the items identified. or subcommittee of Congress of appropriate ant to its national legislation, controls ex- jurisdiction upon the request of the chair- ports consistent with the criteria and stand- SA 1503. Mr. HELMS submitted an man or ranking minority member of such ards of relevant multilateral export control amendment intended to be proposed by committee or subcommittee. regimes. him to the bill S. 149, to provide au- (B) PROHIBITION ON FURTHER DISCLOSURE.— thority to control exports, and for No committee, subcommittee, or Member of SA 1513. Mr. HELMS submitted an other purposes; which was ordered to Congress shall disclose any information ob- amendment intended to be proposed by lie on the table; as follows: tained under this Act or any predecessor Act him to the bill S. 149, to provide au- regarding the control of exports which is On page 214, line 23, strike ‘‘2’’ and insert submitted on a confidential basis to Con- thority to control exports, and for ‘‘4’’. gress under subparagraph (A), unless other purposes; which was ordered to (i) the full committee to which the infor- lie on the table; as follows: SA 1504. Mr. HELMS submitted an mation is made available determines that On page 198, beginning on line 1, strike all amendment intended to be proposed by the withholding of the information is con- through line 14, and insert the following: him to the bill S. 149, to provide au- trary to the national interest; or ‘‘(i) that the absence of export controls thority to control exports, and for (ii) the information is disclosed— with respect to an item could prove detri- (I) to a third party that is not in commer- mental to the national security of the other purposes; which was ordered to cial competition with an entity identified in lie on the table; as follows: United States or result in a failure by the the information; United States to adhere to its obligations or (II) for the purpose of conducting a na- On page 203, beginning with line 6, strike commitments under an international agree- tional security analysis, risk assessment, or all through page 204, line 6, and insert the ment or arrangement; or following: cumulative effects analysis of the items ‘‘(ii) United States controls on the item identified in the information; and (1) ESTABLISHMENT OF OFFICE.—The Sec- have been imposed under section 309,’’. retary of Defense shall establish in the De- (III) a confidentiality agreement to protect partment of Defense an Office of Technology all licensing information from release is en- Mr. HELMS submitted an tered into by the third party. SA 1514. Evaluation (in this section referred to as the amendment intended to be proposed by ‘‘Office’’), which shall be under the direction of the Secretary. The Office shall be respon- SA 1507. Mr. HELMS submitted an him to the bill S. 149, to provide au- sible for gathering, coordinating, and ana- amendment intended to be proposed by thority to control exports, and for lyzing all the necessary information in order him to the bill S. 149, to provide au- other purposes; which was ordered to for the Secretary of Defense to make deter- thority to control exports, and for lie on the table; as follows: minations of foreign availability and mass- other purposes; which was ordered to On page 207, between lines 19 and 20, insert market status under this Act. lie on the table; as follows: the following: (2) STAFF.— On page 201, line 20, strike ‘‘constitutes a (4) To use export controls to deter and pun- (A) IN GENERAL.—The Secretary of Defense serious threat’’ and insert ‘‘could constitute ish illicit acts of narcotic and psychotropic shall ensure that the Office include persons a threat’’. drug trafficking and production, and to en- to carry out the responsibilities set forth in courage countries to take immediate steps subsection (b) of this section that have train- SA 1508. Mr. HELMS submitted an to prevent the use of their country to aid, ing, expertise, and experience in— amendment intended to be proposed by encourage, or give sanctuary to those per- (i) economic analysis; him to the bill S. 149, to provide au- sons involved in acts of illicit narcotic or (ii) the defense industrial base; psychotropic drug trafficking. (iii) technological developments; thority to control exports, and for other purposes; which was ordered to (iv) nonproliferation; and SA 1515. Mr. HELMS submitted an (v) national security and foreign policy ex- lie on the table; as follows: amendment intended to be proposed by port controls. On page 198, line 2, strike ‘‘con- him to the bill S. 149, to provide au- (B) DETAILEES.—In addition to employees stitutes’’ and insert ‘‘could con- thority to control exports, and for of the Department of Defense, the Secretary stitute’’. may accept on nonreimbursable detail to the other purposes; which was ordered to Office, employees of the Department of Com- SA 1509. Mr. HELMS submitted an lie on the table; as follows: merce, State, and Energy and other depart- amendment intended to be proposed by On page 218, beginning on line 11, strike ments and agencies as appropriate. him to the bill S. 149, to provide au- ‘‘and except as provided in section 304,’’. thority to control exports, and for SA 1505. Mr. HELMS submitted an SA 1516. Mr. HELMS submitted an amendment intended to be proposed by other purposes; which was ordered to amendment intended to be proposed by lie on the table; as follows: him to the bill S. 149, to provide au- him to the bill S. 149, to provide authority to control exports, and for On page 183, line 20, strike ‘‘would con- thority to control exports, and for stitute a significant threat’’ and insert other purposes; which was ordered to ‘‘could constitute a threat’’. other purposes; which was ordered to lie on the table; as follows: lie on the table; as follows: On page 298, line 15, after the period, insert SA 1510. Mr. HELMS submitted an On page 324, beginning on line 21, strike all the following: ‘‘The computer system shall amendment intended to be proposed by through page 325, line 5.

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S9084 CONGRESSIONAL RECORD — SENATE September 4, 2001 SA 1517. Mr. HELMS submitted an national agreement or arrangement shall be AUTHORITY FOR COMMITTEES TO amendment intended to be proposed by made only with the concurrence of the Sec- MEET retary of State and the Secretary of Defense. him to the bill S. 149, to provide au- SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT thority to control exports, and for SA 1522. Mr. HELMS submitted an AND THE COURTS other purposes; which was ordered to Mr. SARBANES. Mr. President, I ask lie on the table; as follows: amendment intended to be proposed by him to the bill S. 149, to provide au- unanimous consent that the Com- On page 206, between lines 12 and 13, insert thority to control exports, and for mittee on the Judiciary Subcommittee the following: on Administrative Oversight and the other purposes; which was ordered to SEC. 215. WAIVER. Courts be authorized to meet to con- lie on the table; as follows: The President may waive any restriction duct a hearing on Tuesday, September imposed under this Act if the President cer- On page 318, strike ‘‘and’’ on line 2 and all 4, 2001, at 2 p.m. in Dirksen 226. tifies to Congress that it is in the national that follows through line 7, and insert the The PRESIDING OFFICER. Without security interest of the United States to do following: objection, it is so ordered. so. (15) any other reports required by this Act to be submitted to the Committee on Bank- f SA 1518. Mr. HELMS submitted an ing, Housing, and Urban Affairs of the Sen- PRIVILEGES OF THE FLOOR amendment intended to be proposed by ate and the Committee on International Re- Mr. ENZI. Mr. President, I ask unani- him to the bill S. 149, to provide au- lations of the House of Representatives; and (16) upon request, all Department of Com- mous consent that Cara Calvert, a new thority to control exports, and for legislative assistant on my staff, be other purposes; which was ordered to merce information shall be provided to all participants in the interagency process. given floor privileges during the re- lie on the table; as follows: mainder of this debate. On page 196, between lines 20 and 21, insert SA 1523. Mr. HELMS submitted an The PRESIDING OFFICER. Without the following: amendment intended to be proposed by objection, it is so ordered. (3) HIGH PERFORMANCE COMPUTERS.—In any him to the bill S. 149, to provide au- case in which a mass-market status or for- f thority to control exports, and for eign availability status determination is TITLE AMENDMENT TO S. 491 made for a high-performance computer other purposes; which was ordered to which otherwise would be subject to the pro- lie on the table; as follows: Mr. REID. Madam President, I ask visions of section 1211 of the National De- On page 206, after line 12, insert the fol- unanimous consent that the title fense Authorization Act for Fiscal Year 1998, lowing: amendment, which is at the desk, to S. the Secretary’s determination under this (e) MEMBERSHIP.—The Office shall be 491, as previously passed the Senate, be title shall become effective only upon com- equally represented by employees of the De- agreed to and the motion to reconsider pliance with the procedures set forth in sec- partments of State, Commerce, Defense, and be laid upon the table. tion 1211(d) of the Act, as amended. Energy. The PRESIDING OFFICER (Ms. STA- (f) DEPUTY ADMINISTRATORS.—The Deputy BENOW). Without objection, it is so or- SA 1519. Mr. HELMS submitted an Administrator of the Office shall rotate on dered. amendment intended to be proposed by an annual basis between an employee of the The amendment was agreed to, as fol- him to the bill S. 149, to provide au- Department of State and an employee of the lows: ‘‘A bill to authorize the Sec- thority to control exports, and for Department of Defense. retary of the Interior, pursuant to the other purposes; which was ordered to provisions of the Reclamation Waste- lie on the table; as follows: SA 1524. Mr. HELMS submitted an water and Groundwater Study and Fa- On page 180, lines 11 through 13, strike ‘‘in amendment intended to be proposed by cilities Act to participate in the de- conjunction with other departments and him to the bill S. 149, to provide au- sign, planning, and construction of the agencies participating in the administration thority to control exports, and for Denver Water Reuse project.’’ of this Act’’ and insert ‘‘with the concur- other purposes; which was ordered to rence of the department or agency that lie on the table; as follows: f originated the information’’. On page 189, line 19, strike all beginning ORDERS FOR WEDNESDAY, with ‘‘if a NATO or’’ through ‘‘1986,’’ on line SEPTEMBER 5, 2001 SA 1520. Mr. HELMS submitted an 22. amendment intended to be proposed by Mr. REID. Madam President, I ask unanimous consent that when the Sen- him to the bill S. 149, to provide au- SA 1525. Mr. HELMS submitted an thority to control exports, and for ate completes its business today, it ad- amendment intended to be proposed by journ until the hour of 10 a.m. tomor- other purposes; which was ordered to him to the bill S. 149, to provide au- row, Wednesday, September 5. I further lie on the table; as follows: thority to control exports, and for ask unanimous consent that on On page 318, line 2, strike ‘‘and’’ through other purposes; which was ordered to Wednesday, immediately following the ‘‘(15)’’ on line 3, and insert the following: lie on the table; as follows: ‘‘(15) a national security analysis, risk as- prayer and the pledge, the Journal of sessment, and cumulative effects analyses of On page 186, strike lines 8 through 15, and proceedings be approved to date, the items being shipped to tier 3 and tier 4 coun- insert the following: morning hour be deemed expired, the tries, as well as all countries identified by (C) The controllability of the item and the time for the two leaders be reserved for the Director of Central Intelligence in the effectiveness of controls for national secu- their use later in the day, and the Sen- most recent report required under section 721 rity purposes of the United States. ate resume consideration of the Export of the Intelligence Authorization Act for fis- (D) The threat to the national security in- Administration bill. cal year 1997 (or any successor report) on the terests of the United States if the item is not The PRESIDING OFFICER. Without controlled. acquisition and supply by foreign countries objection, it is so ordered. of dual-use items and other technology use- (E) Any other appropriate risk factors. ful for the development or production of f weapons of mass destruction; and SA 1526. Mr. HELMS submitted an PROGRAM ‘‘(16)’’. amendment intended to be proposed by Mr. REID. Madam President, tomor- him to the bill S. 149, to provide au- row the Senate, as indicated, will con- SA 1521. Mr. HELMS submitted an thority to control exports, and for vene at 10 in the morning. There will amendment intended to be proposed by other purposes; which was ordered to be no morning business. The Senate him to the bill S. 149, to provide au- lie on the table; as follows: thority to control exports, and for will recess tomorrow, on Wednesday, On page 235, line 4, strike: ‘‘(2) OTHER IN- which is different than our usual Tues- other purposes; which was ordered to QUIRIES.—’’ and insert: lie on the table; as follows: day recesses, from 12:30 to 2:15 for our ‘‘(2) IMPROPER CLASSIFICATIONS.—If the Sec- weekly party conferences. On page 180, after line 23, insert the fol- retary of Defense or the Secretary of State lowing new subsection: determines that the Secretary of Commerce f (f) CERTAIN APPOINTMENTS.—Any appoint- has issued an improper classification, such a ADJOURNMENT UNTIL 10 A.M. ment made under subsection (a) to an export classification shall be deemed null and void TOMORROW control advisory committee relating to an and the Secretary of Commerce shall notify item that must be controlled pursuant to a the exporter of this result. Mr. REID. Madam President, if there United States obligation under an inter- ‘‘(3) OTHER INQUIRIES.—’’. is no further business to come before

VerDate Mar 15 2010 03:10 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2001 CONGRESSIONAL RECORD — SENATE S9085 To be major general PAUL B ARP, 0000 the Senate, I ask unanimous consent APOSTOLOS ARVANITIS, 0000 the Senate stand in adjournment under BRIG. GEN. THOMAS J. ROMIG, 0000 NORMOND AUZINS, 0000 ERIC J BACH, 0000 the previous order. THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RODERICK A BACHO, 0000 There being no objection, the Senate, THE UNITED STATES OFFICER FOR APPOINTMENT TO CINDY M BAGGOTT, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY RONALD M V BAJET, 0000 at 6:07 p.m., adjourned until Wednes- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 1211: ALBERT R BAKER, 0000 day, September 5, 2001, at 10 a.m. To be colonel ANDREW B BAKER, 0000 DARRELL A BAKER, 0000 NOMINATIONS CHRISTOPHER P. AIKEN, 0000 LEAF A BALLAST, 0000 Executive nominations received by LAWRENCE L BANGERT, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CRAIG M BANULL, 0000 the Senate September 4, 2001: THE UNITED STATES OFFICER FOR APPOINTMENT TO MOSTAFA G BARAKZOY, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY DEPARTMENT OF COMMERCE SEAN P BARBABELLA, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: PAUL M BARFKNECHT, 0000 PHILLIP BOND, OF VIRGINIA, TO BE UNDER SECRETARY To be colonel ANTHONY A BARGER, 0000 OF COMMERCE FOR TECHNOLOGY, VICE CHERYL SHAV- JENNIFER A BARKER, 0000 ERS, RESIGNED. RODNEY D. MCKITRICK II, 0000 ROBIN L BARNES, 0000 WILLIAM M BARRETT, 0000 DEPARTMENT OF THE INTERIOR THE FOLLOWING NAMED ARMY NATIONAL GUARD OF GREGORY R BART, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO DONNA M BARTEE, 0000 HAROLD CRAIG MANSON, OF CALIFORNIA, TO BE AS- THE GRADE INDICATED IN THE RESERVE OF THE ARMY KEVIN J BARTOE, 0000 SISTANT SECRETARY FOR FISH AND WILDLIFE, VICE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LAURA A BARTON, 0000 KENNETH LEE SMITH. To be colonel RAYMOND R BATZ, 0000 DEPARTMENT OF STATE JOHN D BAUER, 0000 RANDY J. SMEENK, 0000 WILLIE H BEALE, 0000 ROY L. AUSTIN, OF PENNSYLVANIA, TO BE AMBAS- WILLIAM A BECKMAN, 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE FOLLOWING NAMED ARMY NATIONAL GUARD OF DANIEL J BELISLE, 0000 THE UNITED STATES OF AMERICA TO TRINIDAD AND TO- THE UNITED STATES OFFICERS KEDRICK M BELLAMY, 0000 BAGO. TIMOTHY L BENESH, 0000 RAYMOND F. BURGHARDT, OF FLORIDA, A CAREER FOR APPOINTMENT TO THE GRADE INDI- JAMES P BENOIT, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CATED IN THE RESERVE OF THE ARMY ANTONY BERCHMANZ, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- FREDERICK W BERG, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES UNDER TITLE 10, U.S.C., SECTIONS 12203 JERRY L BERMAN, 0000 OF AMERICA TO THE SOCIALIST REPUBLIC OF VIETNAM. AND 12211: MICHAEL B BEZA, 0000 FRANKLIN PIERCE HUDDLE, JR., OF CALIFORNIA, A CA- RICHARD L BIGGS, 0000 REER MEMBER OF THE SENIOR FOREIGN SERVICE, To be colonel DERRICK M BILLINGS, 0000 LARRY D BLACK, 0000 CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR DANIEL T. LESLIE, 0000 CLIFFORD A BLUMENBERG, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE WILLIAM C. WILLING, 0000 UNITED STATES OF AMERICA TO THE REPUBLIC OF GREGOR S BO, 0000 TAJIKISTAN. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW E BOLAND, 0000 LAURA E. KENNEDY, OF NEW YORK, A CAREER MEMBER TO THE GRADE INDICATED IN THE UNITED STATES JENNIFER H BOLDUC, 0000 OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ARMY, ARMY MEDICAL (MC) AND DENTAL CORPS (DE) RICHARD A BONNETTE, 0000 SELOR, TO BE AMBASSADOR EXTRAORDINARY AND UNDER TITLE 10, U.S.C., SECTION 624: GREGORY L BOOTH, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CHARLES BOWERS, 0000 TO TURKMENISTAN. To be lieutenant colonel DORIS T BOWERS, 0000 DENNIS P BOYLE, 0000 KEVIN JOSEPH MCGUIRE, OF MARYLAND, A CAREER ANGELO RIDDICK, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CHAD BRADFORD, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be major SUSANNE M BRADFORD, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CHRISTOPHER J BRAINARD, 0000 OF AMERICA TO THE REPUBLIC OF NAMIBIA. CLETUS A. ARCIERO, 0000 MC FREDERICK R BRANDON, 0000 PAMELA HYDE SMITH, OF WASHINGTON, A CAREER THOMAS K. JOSEPH, 0000 MC AMY H BRANSTETTER, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF HEKYUNG L. JUNG, 0000 DE KURT R BRATZLER, 0000 STEPHEN C BRAWLEY, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SUZANNE M BREEN, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TO THE GRADE INDICATED IN THE UNITED STATES ARMY DOUGLAS M BRIDGES, 0000 OF AMERICA TO THE REPUBLIC OF MOLDOVA. IN THE MEDICAL CORPS (MC) UNDER TITLE 10, U.S.C., TRACY L BROMMEL, 0000 RONALD WEISER, OF MICHIGAN, TO BE AMBASSADOR SECTION 624: EXTRAORDINARY AND PLENIPOTENTIARY OF THE BRYAN M BROOKS, 0000 UNITED STATES OF AMERICA TO THE SLOVAK REPUBLIC. To be major REBEKAH R BROOKS, 0000 JEFFREY C BROWN, 0000 DEPARTMENT OF DEFENSE JEFFREY S. CAIN, 0000 MC NANETTE K BROWN, 0000 RYUNG SUH, 0000 MC TRACY T BROWN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH E BROWNING, 0000 AS THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND IN THE MARINE CORPS ROBERT F BROWNING JR., 0000 APPOINTMENT TO THE GRADE INDICATED WHILE AS- JUANITO R BUCKLEY, 0000 SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY S BUDGE, 0000 BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 152: TO THE GRADE INDICATED IN THE UNITED STATES MA- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: TERESA M BUECHE, 0000 To be general RICHARD C BUELL, 0000 To be colonel GERALD F BURCH, 0000 GEN. RICHARD B. MYERS, 0000 RICHARD W. BRITTON, 0000 ERIC H BURKS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICK A BURSON, 0000 AS THE VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RALPH E BUTLER, 0000 AND APPOINTMENT TO THE GRADE INDICATED WHILE TO THE GRADE INDICATED IN THE UNITED STATES MA- DAVID O BYNUM, 0000 ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: RICARDO BYRDSONG, 0000 TODD W CAHOON, 0000 SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 152: To be colonel To be general DAVID A CALDERWOOD, 0000 SAMUEL E. FERGUSON, 0000 RWANDA D CAMPBELL, 0000 GEN. PETER PACE NEIL E CANBY, 0000 IN THE NAVY MICHAEL P CAPUANO, 0000 IN THE AIR FORCE MICHAEL E CARDENAS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REBECCA S CARLIN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN D CARLSON, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- UNDER TITLE 10, U.S.C., SECTION 624: ARNOLD K CAROTHERS, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be commander ROSEMARY G CARR, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION KATHERINE R CARSON, 0000 601: RAYMOND E MOSES JR., 0000 JAMES E CARSTEN, 0000 To be lieutenant general JEFFREY J CARTER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACK L CARVER, 0000 LT. GEN. CHARLES F. WALD, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANN M CASE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOE V CASEY JR., 0000 IN THE ARMY To be lieutenant commander ROBIN L CASSIDY, 0000 To be brigadier general LISA L CASTRO, 0000 JOHNNY R ADAMS, 0000 STEVEN CASTRO, 0000 COL. ELDER GRANGER, 0000 ELIZABETH M ADRIANO, 0000 WILLIAM A CASTRUCCI, 0000 RICKIE V ADSIDE, 0000 JAMES A CAVINESS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARIA AGUSTIN, 0000 SUSAN D CHACON, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED MOHAMMED S AHMED, 0000 NEWTON J CHALKER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: HORACE D ALEXANDER, 0000 CYNTHIA A CHARGOIS, 0000 To be brigadier general BELINA R ALFONSO, 0000 MELANIE R CHELLMAN, 0000 FELIX A ALFONSO, 0000 JACKY P CHENG, 0000 COL. GEORGE W. WEIGHTMAN, 0000 ADDIE ALKHAS, 0000 WAI C CHEUNGOCARROLL, 0000 DENNIS P ALLEN, 0000 JOHN A CHILSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINT- EVANGELINE F ALLEN, 0000 REBECCA L CHRISTENSEN, 0000 MENT AS THE ASSISTANT JUDGE ADVOCATE JANINE D ALLEN, 0000 CHRISTOPHER E CIEURZO, 0000 GENERAL, UNITED STATES ARMY AND FOR RACHEL H ALLEN, 0000 DUWAYNE F CLARK, 0000 TIMOTHY L ALLEN, 0000 JOHN H CLARK, 0000 APPOINTMENT TO THE GRADE INDICATED ALEJANDRO ALVARADO, 0000 MICHAEL B CLARK, 0000 UNDER TITLE 10, U.S.C. SECTION 3037: ERIC C AMESBURY, 0000 ROBERT D CLERY, 0000 JOHN P ANCONA, 0000 TONY S CLINTON, 0000 To be major general MICHAEL R ANCONA, 0000 STEVEN T COBERY, 0000 BRIG. GEN. MICHAEL J. MARCHAND, 0000 ROBIN L ANDERSEN, 0000 CHARLES W COLBERT, 0000 CHRIS A ANDERSON, 0000 MARCIA T COLEMAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CYNTHIA J ANDERSON, 0000 ROMEO L COLEMAN, 0000 AS THE JUDGE ADVOCATE GENERAL, UNITED STATES KEITH A APPLEGATE, 0000 DAVID C COLLINS, 0000 ARMY AND FOR APPOINTMENT TO THE GRADE INDI- LYNN K ARCARA, 0000 CHRISTINA J COLLURABURKE, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 3037: JUAN C ARGUELLO, 0000 MICHAEL A CONTI, 0000

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TANI L COREY, 0000 RICHARD A GUERRA, 0000 FRANCIS S KURY, 0000 MAX C CORMIER, 0000 SHAWNA J GUGEL, 0000 ELENA A KUTNEY, 0000 MICHAEL A CORRIERE, 0000 GEORGE M GUISE, 0000 EMERY J KUTNEY JR., 0000 CHRISTOPHER J CORVO, 0000 AMBERLY M HALL, 0000 CAMILLE A LACROIX, 0000 CHERYL J COSTA, 0000 FRANCIS X HALL, 0000 JULIA K LACUNZA, 0000 TERRENCE W COSTELLO IV, 0000 TONYA A HALL, 0000 CHRISTOPHER B LANDES, 0000 JAMES N COULTER, 0000 ALLEGRA T HALYARD, 0000 ROBERT C LANGAN, 0000 RICHARD G COURTNEY, 0000 SHANNON K HAMILTON, 0000 MICHAEL D LAPPI, 0000 TERESA M COX, 0000 SCOTT A HAMLIN, 0000 WILLIAM S LARAGY, 0000 ANGELIQUE CRAIG, 0000 FRANKIE J HAND, 0000 DAVID J LARAMIE, 0000 DONALD S CRAIN, 0000 BARBARA T HANNA, 0000 TATIANA M LAWERGARCIA, 0000 WILLIAM E CRAMER, 0000 DAVID W HARDY, 0000 JAMES V LAWLER, 0000 KARA L CRISMOND, 0000 PAUL J HAREN III, 0000 JAMES K LE, 0000 ROBERT J CROW, 0000 ISTVAN HARGITAI, 0000 KAREN P LEAHY, 0000 CHRYSTEN E CUNNINGHAM, 0000 KENNETH HARGREAVES, 0000 KENNETH LEAHY, 0000 ESTHER M CUNNINGHAM, 0000 JEFFREY J HARRISON, 0000 KRISTI A LEE, 0000 TODD A CURRAN, 0000 MARTIN B HARRISON, 0000 MICHAEL S LELAND, 0000 DAVID L CUTE, 0000 STEVEN M HARTLINE, 0000 WILLIAM T LENNARD, 0000 PHILLIP G CYR, 0000 ANDREW M HASCALL, 0000 THOMAS F LEONARD, 0000 MICHAEL S DANFORTH, 0000 TIMOTHY R HASTINGS, 0000 SUSAN LETTERLE, 0000 CAROLE A DANIEL, 0000 DOUGLAS HAWK, 0000 DENISE M LEVELING, 0000 STACIE R DANIELS, 0000 JUDITH L HAWKINS, 0000 DENNIS LEW, 0000 BARNES C DARDEN, 0000 ELIZABETH A HAYDON, 0000 DAN C LEWIS, 0000 ROBERT E DARE, 0000 GARY HAYMAN, 0000 TIMOTHY C LIBERATORE, 0000 JOHN C DAVID, 0000 JONATHAN B HAYNES, 0000 R A Z LIM, 0000 ERIC J DAVIS, 0000 TERENCE A HEATH, 0000 HENRY LIN, 0000 GARY R DAVIS, 0000 NEAL A HEIMER, 0000 DAVID M LOCKNEY, 0000 JEFFERY P DAVIS, 0000 BRYAN E HELLER, 0000 PHILLIP S LODGE, 0000 KIMBERLY D DAVIS, 0000 JOHN A HELTON, 0000 BRIAN R LOMAX, 0000 THERESA B DAVIS, 0000 DAVID A HEMPFLING, 0000 JEAN L P LORD, 0000 KEVIN J DEELEY, 0000 ALLISON A HENRY, 0000 EVA M LOSER, 0000 WALTER C DEGRANGE, 0000 GLEN A HENRY, 0000 ALAN S LOVEJOY, 0000 GERARD DEGUZMAN, 0000 DERRICK HERNANDEZ, 0000 GEORGINA LOYA, 0000 ROBERT K DEGUZMAN JR., 0000 MARK D HERNANDEZ, 0000 JAMES M LUCCI, 0000 KRISTA J DELLAPINA, 0000 MARK S HERNANDEZ, 0000 ALLEN R LUMANOG, 0000 RALPH C DELORIE, 0000 MARK E HERRERA, 0000 PETER M LUNDBLAD, 0000 KENNETH T DESJARDINS, 0000 THOMAS C HERZIG, 0000 JOHN A LYNOTT, 0000 JANET L DEWEES, 0000 PATRICIA A HETRICK, 0000 DENNIS B MACDOUGALL, 0000 MATT M DIAZ, 0000 STEVEN E HICKS, 0000 RONALD A MACK, 0000 REBECCA C DICKINSON, 0000 DANIEL J HIGGINS, 0000 ROBERTO Q MAGALLANO, 0000 GLENDON B DIEHL JR., 0000 LESTER E HILBERT JR., 0000 BRIAN J MALLOY, 0000 TROY DINKEL, 0000 MARICHAL L HILL, 0000 HEINZ E MALON, 0000 SCHULTZ A P DION, 0000 JULIE M HILLERY, 0000 SCOTT M MALONEY, 0000 BRUNO DISCALA, 0000 STACY M HOCKETT, 0000 BRIAN W MANDEVILLE, 0000 DOROTHEA A DOBSON, 0000 DAVID F HOEL, 0000 MORGAN S MANDEVILLE, 0000 HAYDEE B DOCASAR, 0000 NANCY E HOLMES, 0000 CARL H MANEMEIT, 0000 JEFFREY J DOLVEN, 0000 REID D HOLTZCLAW, 0000 GEORGE MANIS, 0000 KEVIN A DORRANCE, 0000 SUEZANE L HOLTZCLAW, 0000 KEVAN E MANN, 0000 ROY A DRAKE, 0000 MICHAEL H HOROWITZ, 0000 GATHA L MANNS, 0000 TIMOTHY P DUDLEY, 0000 TINA G HORTH, 0000 SETH A MANTI, 0000 NATHAN C DUFFY, 0000 DAVID K HOWELL, 0000 RAMON O MARIN, 0000 DOUGLAS D DUNCAN, 0000 TIMOTHY E HUBER, 0000 ROBIN A C MARSHALL, 0000 DAVID W DURKOVICH, 0000 SHARI D HULBERT, 0000 ANDREW S MARTIN, 0000 TIMOTHY W DWYER, 0000 CHARLES R HULETT, 0000 CAROLYN J MARTIN, 0000 DAVID W EGGE, 0000 MICHAEL R HULL JR., 0000 JAMES L MARTIN, 0000 SEAN M EGGE, 0000 ANTHONY R HUNT, 0000 JOSEPH J MARTIN, 0000 DUANE A EGGERT, 0000 CHONG HUNTER, 0000 DARRELL L MATHIS, 0000 KAREN L EGGLESTON, 0000 CHARLES E HURST, 0000 THOMAS C MATT JR., 0000 CHRISTOPHER G EIFERT, 0000 DAVID C HUTZEL, 0000 KATHY L MATTHES, 0000 CHRISTINA E ELDREDGE, 0000 THOMAS M JACKS, 0000 JAMES R MATTHEWS, 0000 JOHN M ELLWOOD, 0000 DONALD A JACKSON, 0000 MICHAEL R MAULE, 0000 JAMES A ELLZY, 0000 GRACE E JACKSON, 0000 CONRAD J MAYER, 0000 JOHN E ELSNER, 0000 HYUNG M JACKSON, 0000 JAMES F MCALLISTER, 0000 LYNN EMERSON, 0000 KEVIN M JACKSON, 0000 RICHARD K MCCARTHY, 0000 GREGORY T ENGEL, 0000 MARY K JACKSON, 0000 RICHARD L MCCARTHY, 0000 ELIZABETH M ENGELMAN, 0000 STEPHEN B JACKSON, 0000 MICHAEL L MCCLURE, 0000 LORRAINE A ENGLISH, 0000 MARY E JACOBS, 0000 PAUL S MCCOMB, 0000 CARMA J ERICKSON, 0000 MARK A JANCZAKOWSKI, 0000 THOMAS E MCCOY, 0000 STEVEN J ESCOBAR, 0000 WILLIAM M JANKOWSKI, 0000 MONIQUE L MCCRAY, 0000 STEVEN C ESHENAUR, 0000 MATTHEW T JANZOW, 0000 ERIC J MCDONALD, 0000 ROBERT L EZELLE JR., 0000 BENJAMIN E JENKINS, 0000 KEITH E MCDONALD, 0000 DENNIS J FAIX, 0000 TIMOTHY P JENNINGS, 0000 PATRICK M MCELDREW, 0000 MICHAEL A FAVATA, 0000 NISHITH K JOBANPUTRA, 0000 BRIAN E MCELYEA, 0000 CHERYL L FEARS, 0000 JOSEPH S JOHN JR., 0000 EDWARD J MCFARLAND, 0000 KENNETH FINLEY, 0000 DENNIS W JOHNSON, 0000 JILL A MCFARLAND, 0000 MARK E FLEMING, 0000 HOLLY M JOHNSON, 0000 MARGUERITE M MCGUIGAN, 0000 DAVID A FLORIN, 0000 JEFFERY S JOHNSON, 0000 NICOLE K MCINTYRE, 0000 JOSEPH P FLOTT, 0000 PAUL D JOHNSTONE, 0000 DANIEL E MCKAY, 0000 DONALD J FONTENOT JR., 0000 CHARLES L JONES, 0000 DAVID B MCMINDES, 0000 TERESA J FOSTER, 0000 DARRYL L JONES, 0000 BRADFORD R MCQUILKIN, 0000 MIGUEL L FOUTS, 0000 ELISABETH B JONES, 0000 VALERIE H MEADE, 0000 MARK J FOWLER, 0000 LORENZO JONES, 0000 JOSE L MEDINA, 0000 EARL A FRANTZ, 0000 MICHAEL T JONES, 0000 JON A MELLIS, 0000 PAMELA A FREI, 0000 TIMOTHY A JONES, 0000 BRENDAN T MELODY, 0000 JOHN M FRYZLEWICZ, 0000 JEFF B JORDEN, 0000 JACQUELINE M MENZIES, 0000 THOMAS S FULFORD, 0000 MARK E JOSEPHSON, 0000 THOMAS A MERCER, 0000 KELLY L GANN, 0000 CYNTHIA L JUDY, 0000 JANET E MERRIMAN, 0000 JEANNETTE I GARCIA, 0000 JEANA M KANNE, 0000 THOMAS J MEZZANOTTE, 0000 PATRICIA A GARCIA, 0000 PAUL C KAPFER, 0000 GERALD D MICK, 0000 GLENN J GARGANO, 0000 LISA A KEEFE, 0000 BRUCE E MILCHUCK, 0000 TODD A GATHRIGHT, 0000 JOHN J KEELING, 0000 BLAIR T MILES, 0000 EDRION R GAWARAN, 0000 STEVEN D KELLEY, 0000 EDWARD F MILES, 0000 GEORGE E GENTCHOS, 0000 MARY KELLY, 0000 WILLIAM T MILES, 0000 JAMES J GEORGE, 0000 DUANE M KEMP, 0000 ERICA K MILLER, 0000 KEITH S GIBEL, 0000 JAY K KENNARD, 0000 PATRICIA A MILLER, 0000 TODD S GIBSON, 0000 SHARI D KENNEDY, 0000 CATHLEEN S MILLS, 0000 PRESTON L GILL, 0000 JANETH F KIM, 0000 REBECCA M MILTON, 0000 PAUL J GIRARD, 0000 SHIRLEY H KING, 0000 ANN K MINAMI, 0000 ALLEN C M GLASER, 0000 ERIC N KINN, 0000 MICHAEL MONREAL, 0000 ROBERT A GLASGOW IV, 0000 REBECCA A KISER, 0000 LEANDRO L MONTESINO, 0000 DENNIS E GLOVER, 0000 KARL A KISH, 0000 MARSHALL R MONTEVILLE, 0000 FERMIN S GODINEZ, 0000 DENNIS M KLEIN, 0000 SHIRLEY O MOONE, 0000 BARRY L GOLDEN, 0000 MARK F KLEIN, 0000 JOHN E MOORE, 0000 BERNARDO GONZALEZ, 0000 RUTH KLINE, 0000 RICHARD O MOORE, 0000 JORGE GONZALEZ, 0000 PRESTON R KNIGHT, 0000 THOMAS W MOORE, 0000 CHARMAGNE GOODMAN, 0000 EILEEN M KNOBLE, 0000 MARK W MORGAN, 0000 STACY L GOODWILL, 0000 HARRY S KO, 0000 GARY A MORRIS, 0000 MICHAEL W GORE, 0000 PATRICIA A KO, 0000 MICHELLE D MORSE, 0000 RUSSELL P GRAEF, 0000 SHAWN D KOSNIK, 0000 JOEL S MORTON, 0000 LEEANN GRAHAM, 0000 HEIDI S KRAFT, 0000 STEVEN R MOSES, 0000 MARIE E GREEN, 0000 THOMAS D KRAMER, 0000 BETH A MOVINSKY, 0000 CHARLES E GREENERT, 0000 CONRAD F KRESS, 0000 CHARLENE H MOWERY, 0000 MATTHEW E GRIMES, 0000 PETER K KRIZ, 0000 THOMAS F MULLER, 0000 KEITH T GRIMM, 0000 DAVID C KRULAK, 0000 LEO J MURPHY, 0000 HAROLD L GROFF, 0000 KENNETH R KUBOWICZ, 0000 MORROW J MURPHY, 0000 KATHLEEN M GRUDZIEN, 0000 JODI A KUHLMAN, 0000 SEAN J MURPHY, 0000 CHRISTINE B GRUSCHKUS, 0000 LAURENCE J KUHN, 0000 JOHN J MURRAY, 0000

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WILLIAM T MURRAY, 0000 JOHN M RYAN, 0000 JEFFREY A TJADEN, 0000 ELIZABETH A MUSSIN, 0000 SARAH D RYAN, 0000 TOBEY A TOLBERT, 0000 RICHARD M NALWASKY, 0000 THOMAS J RYDER, 0000 TWANDA TOLIVER, 0000 JEFFREY M NARWOLD, 0000 ELISSA B RYMAN, 0000 JEFFREY M TOMLIN, 0000 JEFFREY H NEAL, 0000 SARA L SALTZSTEIN, 0000 RICHARD W TOWNSEND, 0000 DORIS J NEDVED, 0000 DENNIS G SAMPSON, 0000 JAMES TRENTALANGE, 0000 MICHAEL S NELSON, 0000 MICHAEL G SAMPSON, 0000 GERALD W TRKULA, 0000 RICHARD B NESBETT, 0000 PHILLIP M SANCHEZ, 0000 JOSE F TROCHE, 0000 FRANK E NEVAREZ, 0000 BRENT W SANDERLIN, 0000 GENE D TRUESDELL, 0000 GEORGE NEWTON, 0000 MARY J SANDERS, 0000 JOANNE M TUIN, 0000 HUY B NGUYEN, 0000 RODNEY L SANDERS, 0000 COURTNEY A TURNER, 0000 TUAN NGUYEN, 0000 SCOT T SANDERS, 0000 EMMA TURNER, 0000 MICHAEL L NICK, 0000 STEVEN S SANFORD, 0000 DANIEL P TVEIT, 0000 MATTHEW W NICOLA, 0000 THOMAS N SANTA JR., 0000 ROBINETTE L TYLER, 0000 KRISTINA M NIELSEN, 0000 NIEVA M SANTANA, 0000 MELVIN H UNDERWOOD, 0000 TERRI T NIELSEN, 0000 PAUL P SAUCEDO III, 0000 JOHNNY D URBAN, 0000 JOHNNY M NILSEN, 0000 KRIS J SAUER, 0000 ROGER E VANDERWERKEN, 0000 RAMONA L NIXON, 0000 MICHAEL R SAUM, 0000 JOHN D VANGORP, 0000 JOHN D NOGAN, 0000 ANGELA R SAUNDERS, 0000 JOHN F VANPATTEN, 0000 KEVIN P NORTON, 0000 ASSANATU I SAVAGE, 0000 STEPHEN T VARGO, 0000 TERRENCE J NORTON, 0000 GINA SAVINI, 0000 ESTELA I VELEZ, 0000 JAMES P OBERMAN, 0000 LEE A SAVIO, 0000 MICHAEL H VERDOLIN, 0000 MARGARET P OBERMAN, 0000 KIMBERLY SAWATSKY, 0000 ANTHONY J VIERA, 0000 EDWARD B OBRIEN III, 0000 PRISCILLA SCANLON, 0000 MACHELLE A VIEUX, 0000 ROBERT T OBYRNE, 0000 JOSEPH R SCHAAF, 0000 CHERRI L VILHAUER, 0000 CESAR A ODVINA, 0000 VINCENT P SCHIAVONE, 0000 SORAYA M C VILLACIS, 0000 KARL E OETTL, 0000 ANDREW W SCHIEMEL, 0000 LEE A VITATOE, 0000 BRIAN C OHAIR II, 0000 LEONARD C SCHILLING, 0000 MARGARET L VOLZ, 0000 TIMOTHY W OHARA, 0000 KRISTINA A SCHLECHT, 0000 THOMAS J WALCOTT, 0000 SAMUEL T OLAIYA, 0000 CLIFFORD D SCHMIDT, 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TIMOTHY J WOLFKILL, 0000 NICOLE K POLINSKY, 0000 YVONNE J SINCLAIR, 0000 GLEN WOOD, 0000 ROBERT D POLLEY JR., 0000 REBECCA C SINE, 0000 THERESA M WOOD, 0000 KATHLEEN M POLLOCK, 0000 ROSEMARY S SKIDMORE, 0000 DENISE D WOODFIN, 0000 BRIAN D POMIJE, 0000 GLENN A SMITH, 0000 ROSHARD A WOOLFOLK, 0000 STEPHEN J POPIELARZ, 0000 PATRICK N SMITH, 0000 SEUNG C YANG, 0000 STEVEN J PORTER, 0000 PATRICK W SMITH, 0000 TODD E YANIK, 0000 ALAN L PORTIS, 0000 SCOTT T SMITH, 0000 JON YENARI, 0000 AARON D POTTER, 0000 STEVEN C SMITH, 0000 LAWRENCE J YENNI, 0000 ERIC G POTTERAT, 0000 LINDA M SPANGLER, 0000 FREDERICK E YEO, 0000 BENNY A POWELL, 0000 CRAIG R SPENCER, 0000 JOHN D YORK, 0000 CRAIG A POWELL, 0000 THOMAS W SPHEERIS, 0000 TODD A YOUNG, 0000 BRIAN F PRENDERGAST, 0000 JANET W SPIRA, 0000 JAMES M YUN, 0000 MICHAEL C PREVOST, 0000 MARY M SPOLYAR, 0000 KIM T ZABLAN, 0000 LIANA H PROFFER, 0000 JOSEPH J SPOSATO, 0000 MICHAEL J ZERBO, 0000 GREGORY J PRUNIER, 0000 SCOTT M SPRATT, 0000 TIMOTHY J ZIOLKOWSKI, 0000 RONALD T PURCELL, 0000 BRIAN J STAMM, 0000 DEPARTMENT OF AGRICULTURE JAMES D QUEENER, 0000 ANTHONY D STARKS, 0000 ANNA M RAFANAN, 0000 JAMES D STAVRIDES, 0000 MARK EDWARD REY, OF THE DISTRICT OF COLUMBIA, SHARON A RAGHUBAR, 0000 WALTER R STEELE, 0000 TO BE UNDER SECRETARY OF AGRICULTURE FOR NAT- SCOTT A RAISON, 0000 HEATHER L STEIN, 0000 URAL RESOURCES AND ENVIRONMENT, VICE JAMES R. DALE D RAMIREZ, 0000 ORVILLE J STEIN JR., 0000 LYONS. LAWRENCE A RAMIREZ, 0000 TODD M STEIN, 0000 THOMAS C. DORR, OF IOWA, TO BE UNDER SECRETARY KIMBERLY A RANSOM, 0000 JAMES E STEPENOSKY, 0000 OF AGRICULTURE FOR RURAL DEVELOPMENT, VICE JILL JENNIFER A RANTON, 0000 MARK W STEPHENS, 0000 L. LONG, RESIGNED. JEFFERY T RATHBUN, 0000 MELISSA R STERNLICHT, 0000 ELSA A. MURANO, OF TEXAS, TO BE UNDER SECRETARY MICHAEL V RAZZANO, 0000 WILLIAM B STEVENS, 0000 OF AGRICULTURE FOR FOOD SAFETY, VICE CATHERINE ROBERT A REARICK, 0000 KEVIN S STEVENSON, 0000 E. WOTEKI, RESIGNED. MICHAEL J RECKLING, 0000 MAJELLA D STEVENSON, 0000 HILDA GAY LEGG, OF KENTUCKY, TO BE ADMINIS- CHARITA S REESE, 0000 THOMAS R STEWART, 0000 TRATOR, RURAL UTILITIES SERVICE, DEPARTMENT OF STEVEN A REESE, 0000 THEODORE J STJOHN, 0000 AGRICULTURE, VICE CHRISTOPHER A. MCLEAN, RE- BRYN J H REINA, 0000 GAIL M STRONG, 0000 SIGNED. STEVEN M RESWEBER, 0000 FRANK H STUBBS III, 0000 THOMAS C. DORR, OF IOWA, TO BE A MEMBER OF THE ALLISON F REYES, 0000 EDWARD J SULLIVAN, 0000 BOARD OF DIRECTORS OF THE COMMODITY CREDIT COR- JANELLE A RHODERICK, 0000 MARK D SULLIVAN, 0000 PORATION, VICE JILL L. LONG, RESIGNED. GEORGE M RICE, 0000 MICHAEL S SULLIVAN, 0000 MARK EDWARD REY, OF THE DISTRICT OF COLUMBIA, MARTIN RIOS, 0000 PAUL S SULLIVAN, 0000 TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE KIMBERLY S ROBERTS, 0000 TOBY C SWAIN, 0000 COMMODITY CREDIT CORPORATION, VICE KARL N. DAVID C ROBINSON, 0000 MICHAEL SWANSON, 0000 STAUBER. MEREDITH L ROBINSON, 0000 KEVIN J SWEENEY, 0000 PATRICE D ROBINSON, 0000 THOMAS A TAGHON, 0000 FARM CREDIT ADMINISTRATION JAIME E RODRIGUEZ, 0000 SALLY G TAMAYO, 0000 FRED L. DAILY, OF OHIO, TO BE A MEMBER OF THE RICKY R RODRIGUEZ, 0000 CAROLA A TANNA, 0000 BOARD OF DIRECTORS OF THE FEDERAL AGRICULTURAL NANETTE L ROLLENE, 0000 MICHAEL T TEATES, 0000 MORTGAGE CORPORATION, VICE GORDON CLYDE SOUTH- HERMAN S ROMERO, 0000 RONALD E THACKER, 0000 ERN. MICHAEL D ROSENTHAL, 0000 KRISTOPHER THIBODEAU, 0000 GRACE TRUJILLO DANIEL, OF CALIFORNIA, TO BE A LAURA B ROSENTHALL, 0000 GREGORY T THIER, 0000 MEMBER OF THE BOARD OF DIRECTORS OF THE FED- CHERYLYNN A ROSWELL, 0000 DOUGLAS E THOMAS, 0000 ERAL AGRICULTURAL MORTGAGE CORPORATION, VICE JOHN R ROTRUCK, 0000 KARIN E THOMAS, 0000 CLYDE ARLIE WHEELER, JR. JENNIFER S ROUS, 0000 DANIEL A THOMPSON, 0000 ARTHUR T ROWE, 0000 JENNIFER A THOMPSON, 0000 DEPARTMENT OF DEFENSE LANA R ROWELL, 0000 TROY W THOMPSON, 0000 MARK A ROYS, 0000 WANDA L THOMPSON, 0000 MARVIN R. SAMBUR, OF INDIANA, TO BE AN ASSISTANT MATTHEW S RUDOLPH, 0000 CARLA K THORSON, 0000 SECRETARY OF THE AIR FORCE, VICE LAWRENCE J. MARK J RUNSTROM, 0000 SHANE A THRAILKILL, 0000 DELANEY. CARL J RUOFF, 0000 THERESA L P THURLOW, 0000 MICHAEL PARKER, OF MISSISSIPPI, TO BE AN ASSIST- MARVIN P RUSH, 0000 KAREN J THURMAN, 0000 ANT SECRETARY OF THE ARMY, VICE JOSEPH W. RANDALL H RUSSELL, 0000 KAARE E TINGELSTAD, 0000 WESTPHAL.

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LINTON F. BROOKS, OF VIRGINIA, TO BE DEPUTY AD- DEPARTMENT OF HEALTH AND HUMAN SERVICES COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MINISTRATOR FOR DEFENSE NUCLEAR NONPROLIFERA- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TION, NATIONAL NUCLEAR SECURITY ADMINISTRATION. JANET HALE, OF VIRGINIA, TO BE AN ASSISTANT SEC- TO THE REPUBLIC OF COTE D’LVOIRE. (NEW POSITION) RETARY OF HEALTH AND HUMAN SERVICES, VICE JOHN JOHN N. PALMER, OF MISSISSIPPI, TO BE AMBASSADOR JOSEPH E. SCHMITZ, OF MARYLAND, TO BE INSPECTOR JOSEPH CALLAHAN, RESIGNED. EXTRAORDINARY AND PLENIPOTENTIARY OF THE GENERAL, DEPARTMENT OF DEFENSE, VICE ELEANOR UNITED STATES OF AMERICA TO THE REPUBLIC OF POR- HILL. SOCIAL SECURITY ADMINISTRATION TUGAL. JOHN MALCOLM ORDWAY, OF CALIFORNIA, A CAREER JO ANNE BARNHART, OF DELAWARE, TO BE COMMIS- FEDERAL RESERVE SYSTEM MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF SIONER OF SOCIAL SECURITY FOR THE TERM EXPIRING MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- MARK W. OLSON, OF MINNESOTA, TO BE A MEMBER OF JANUARY 19, 2007, VICE KENNETH S. APFEL, TERM EX- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE PIRED. SYSTEM FOR THE UNEXPIRED TERM OF FOURTEEN OF AMERICA TO THE REPUBLIC OF ARMENIA. YEARS FROM FEBRUARY 1, 1996, VICE ALICE M. RIVLIN, UNITED STATES AGENCY FOR INTERNATIONAL RONALD E. NEUMANN, OF VIRGINIA, A CAREER MEM- RESIGNED. DEVELOPMENT BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- EXPORT-IMPORT BANK OF THE UNITED STATES KENT R. HILL, OF MASSACHUSETTS, TO BE AN ASSIST- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ANT ADMINISTRATOR OF THE UNITED STATES AGENCY OF AMERICA TO THE STATE OF BAHRAIN. EDUARDO AGUIRRE, JR., OF TEXAS, TO BE FIRST VICE FOR INTERNATIONAL DEVELOPMENT, VICE DONALD LEE BONNIE MCELVEEN-HUNTER, OF NORTH CAROLINA, TO PRESIDENT OF THE EXPORT-IMPORT BANK OF THE PRESSLEY, RESIGNED. BE AMBASSADOR EXTRAORDINARY AND PLENI- UNITED STATES FOR A TERM EXPIRING JANUARY 20, 2005, POTENTIARY OF THE UNITED STATES OF AMERICA TO VICE JACKIE M. CLEGG, TERM EXPIRED. DEPARTMENT OF STATE THE REPUBLIC OF FINLAND. JACKSON MCDONALD, OF FLORIDA, A CAREER MEMBER FEDERAL RESERVE SYSTEM PATRICIA DE STACY HARRISON, OF VIRGINIA, TO BE AN OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ASSISTANT SECRETARY OF STATE (EDUCATIONAL AND SUSAN SCHMIDT BIES, OF TENNESSEE, TO BE A MEM- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CULTURAL AFFAIRS), VICE WILLIAM B. BADER. BER OF THE BOARD OF GOVERNORS OF THE FEDERAL PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA CHARLOTTE L. BEERS, OF TEXAS, TO BE UNDER SEC- RESERVE SYSTEM FOR A TERM OF FOURTEEN YEARS TO THE REPUBLIC OF THE GAMBIA. RETARY OF STATE FOR PUBLIC DIPLOMACY, VICE EVE- FROM FEBRUARY 1, 1998, VICE SUSAN MEREDITH PHIL- LYN SIMONOWITZ LIEBERMAN. SPECIAL PANEL ON APPEALS LIPS, RESIGNED. OTTO J. REICH, OF VIRGINIA, TO BE AN ASSISTANT SEC- DEPARTMENT OF HOUSING AND URBAN RETARY OF STATE (WESTERN HEMISPHERE AFFAIRS), JOHN L. HOWARD, OF ILLINOIS, TO BE CHAIRMAN OF VICE PETER F. ROMERO. THE SPECIAL PANEL ON APPEALS FOR A TERM OF SIX DEVELOPMENT YEARS, VICE BARBARA JEAN MAHONE, TERM EXPIRED. INTERNATIONAL JOINT COMMISSION, UNITED KENNETH M. DONOHUE, SR., OF VIRGINIA, TO BE IN- THE JUDICIARY SPECTOR GENERAL, DEPARTMENT OF HOUSING AND STATES AND CANADA URBAN DEVELOPMENT, VICE SUSAN GAFFNEY, RE- ODESSA F. VINCENT, OF THE DISTRICT OF COLUMBIA, DENNIS L. SCHORNACK, OF MICHIGAN, TO BE COMMIS- SIGNED. TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT SIONER ON THE PART OF THE UNITED STATES ON THE OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- DEPARTMENT OF THE TREASURY INTERNATIONAL JOINT COMMISSION, UNITED STATES TEEN YEARS, VICE EVELYN E. CRAWFORD QUEEN, TERM AND CANADA, VICE THOMAS L. BALDINI. EXPIRING. JAMES GILLERAN, OF CALIFORNIA, TO BE DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION FOR THE RE- DEPARTMENT OF STATE DEPARTMENT OF EDUCATION MAINDER OF THE TERM EXPIRING OCTOBER 23, 2002, VICE JOHN F. TURNER, OF WYOMING, TO BE ASSISTANT SEC- ELLEN SEIDMAN, RESIGNED. BRIAN JONES, OF CALIFORNIA, TO BE GENERAL COUN- RETARY OF STATE FOR OCEANS AND INTERNATIONAL SEL, DEPARTMENT OF EDUCATION, VICE JUDITH A. WIN- DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL AND SCIENTIFIC AFFAIRS, VICE DAVID STON, RESIGNED. B. SANDALOW. KIRK VAN TINE, OF VIRGINIA, TO BE GENERAL COUN- PATRICK FRANCIS KENNEDY, OF ILLINOIS, A CAREER DEPARTMENT OF LABOR SEL OF THE DEPARTMENT OF TRANSPORTATION, VICE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF EUGENE SCALIA, OF VIRGINIA, TO BE SOLICITOR FOR NANCY E. MCFADDEN. CAREER MINISTER, TO BE REPRESENTATIVE OF THE ELLEN G. ENGLEMAN, OF INDIANA, TO BE ADMINIS- THE DEPARTMENT OF LABOR, VICE HENRY L. SOLANO, UNITED STATES OF AMERICA TO THE UNITED NATIONS RESIGNED. TRATOR OF THE RESEARCH AND SPECIAL PROGRAMS FOR THE U.N. MANAGEMENT AND REFORM, WITH THE ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, RANK OF AMBASSADOR, VICE DONALD STUART HAYS. DEPARTMENT OF HEALTH AND HUMAN SERVICES VICE KELLEY S. COYNER, RESIGNED. JOHN D. NEGROPONTE, OF THE DISTRICT OF COLUMBIA, JOAN E. OHL, OF WEST VIRGINIA, TO BE COMMISSIONER JOSEPH M. CLAPP, OF NORTH CAROLINA, TO BE ADMIN- TO BE THE REPRESENTATIVE OF THE UNITED STATES OF ON CHILDREN, YOUTH, AND FAMILIES, DEPARTMENT OF ISTRATOR OF THE FEDERAL MOTOR CARRIER SAFETY AMERICA TO THE UNITED NATIONS, WITH THE RANK AND HEALTH AND HUMAN SERVICES, VICE PATRICIA T. MON- ADMINISTRATION. (NEW POSITION) STATUS OF AMBASSADOR EXTRAORDINARY AND PLENI- TOYA, RESIGNED. DEPARTMENT OF THE INTERIOR POTENTIARY, AND THE REPRESENTATIVE OF THE UNITED STATES OF AMERICA IN THE SECURITY COUNCIL CORPORATION FOR NATIONAL AND COMMUNITY JEFFREY D. JARRETT, OF PENNSYLVANIA, TO BE DI- OF THE UNITED NATIONS. SERVICE RECTOR OF THE OFFICE OF SURFACE MINING RECLAMA- JOHN D. NEGROPONTE, OF THE DISTRICT OF COLUMBIA, TION AND ENFORCEMENT, VICE KATHLEEN M. KARPAN. TO BE A REPRESENTATIVE OF THE UNITED STATES OF LESLIE LENKOWSKY, OF INDIANA, TO BE CHIEF EXECU- AMERICA TO THE SESSIONS OF THE GENERAL ASSEMBLY TIVE OFFICER OF THE CORPORATION FOR NATIONAL NATIONAL TRANSPORTATION SAFETY BOARD OF THE UNITED NATIONS DURING HIS TENURE OF SERV- AND COMMUNITY SERVICE, VICE HARRIS WOFFORD, RE- MARION BLAKEY, OF MISSISSIPPI, TO BE CHAIRMAN OF ICE AS REPRESENTATIVE OF THE UNITED STATES OF SIGNED. AMERICA TO THE UNITED NATIONS. THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A NATIONAL FOUNDATION ON THE ARTS AND THE TERM OF TWO YEARS, VICE JAMES E. HALL, TERM EX- MICHAEL E. MALINOWSKI, OF THE DISTRICT OF COLUM- PIRED. BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- HUMANITIES ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- MARION BLAKEY, OF MISSISSIPPI, TO BE A MEMBER OF BRUCE COLE, OF INDIANA, TO BE CHAIRPERSON OF THE THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE KINGDOM OF NATIONAL ENDOWMENT FOR THE HUMANITIES FOR A TERM EXPIRING DECEMBER 31, 2005, VICE JOHN ARTHUR TERM OF FOUR YEARS, VICE WILLIAM R. FERRIS, TERM HAMMERSCHMIDT, TERM EXPIRED. NEPAL. HANS H. HERTELL, OF PUERTO RICO, TO BE AMBAS- EXPIRING. DELTA REGIONAL AUTHORITY SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF DEPARTMENT OF LABOR THE UNITED STATES OF AMERICA TO THE DOMINICAN P.H. JOHNSON, OF MISSISSIPPI, TO BE FEDERAL CO- REPUBLIC. FREDERICO JUARBE, JR., OF VIRGINIA, TO BE ASSIST- CHAIRPERSON, DELTA REGIONAL AUTHORITY. (NEW PO- JOSEPH M. DETHOMAS, OF PENNSYLVANIA, A CAREER ANT SECRETARY OF LABOR FOR VETERANS’ EMPLOY- SITION) MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MENT AND TRAINING, VICE ESPIRIDION A. BORREGO. ENVIRONMENTAL PROTECTION AGENCY MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE JUDICIARY DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MARIANNE LAMONT HORINKO, OF VIRGINIA, TO BE AS- OF AMERICA TO THE REPUBLIC OF ESTONIA. MICHAEL W. MCCONNELL, OF UTAH, TO BE UNITED SISTANT ADMINISTRATOR, OFFICE OF SOLID WASTE, EN- JOHN J. DANILOVICH, OF CALIFORNIA, TO BE AMBAS- STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE VIRONMENTAL PROTECTION AGENCY, VICE TIMOTHY SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF STEPHEN H. ANDERSON, RETIRED. FIELDS, JR., RESIGNED. THE UNITED STATES OF AMERICA TO THE REPUBLIC OF MICHAEL J. MELLOY, OF IOWA, TO BE UNITED STATES DONALD R. SCHREGARDUS, OF OHIO, TO BE AN ASSIST- COSTA RICA. CIRCUIT JUDGE FOR THE EIGHTH CIRCUIT, VICE GEORGE ANT ADMINISTRATOR OF THE ENVIRONMENTAL PROTEC- BRIAN E. CARLSON, OF VIRGINIA, A CAREER MEMBER G. FAGG, RETIRED. TION AGENCY, VICE STEVEN ALAN HERMAN, RESIGNED. OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER TERRENCE L. O’BRIEN, OF WYOMING, TO BE UNITED DEPARTMENT OF TRANSPORTATION MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA WADE BRORBY, RETIRED. MARY E. PETERS, OF ARIZONA, TO BE ADMINISTRATOR TO THE REPUBLIC OF LATVIA. PRISCILLA RICHMAN OWEN, OF TEXAS, TO BE UNITED OF THE FEDERAL HIGHWAY ADMINISTRATION, VICE KEN- J. RICHARD BLANKENSHIP, OF FLORIDA, TO BE AMBAS- STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE NETH R. WYKLE, RESIGNED. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF WILLIAM L. GARWOOD, RETIRED. THE UNITED STATES OF AMERICA TO THE COMMON- BARRINGTON D. PARKER, JR., OF CONNECTICUT, TO BE MISSISSIPPI RIVER COMMISSION WEALTH OF THE BAHAMAS. UNITED STATES CIRCUIT JUDGE FOR THE SECOND CIR- BRIGADIER GENERAL EDWIN J. ARNOLD, JR., UNITED GEORGE L. ARGYROS, SR., OF CALIFORNIA, TO BE AM- CUIT, VICE RALPH K. WINTER, JR., RETIRED. STATES ARMY, TO BE A MEMBER AND PRESIDENT OF BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF CHARLES W. PICKERING, SR., OF MISSISSIPPI, TO BE THE MISSISSIPPI RIVER COMMISSION, UNDER THE PRO- THE UNITED STATES OF AMERICA TO SPAIN, AND TO UNITED STATES CIRCUIT JUDGE FOR THE FIFTH CIR- VISIONS OF SECTION 2 OF AN ACT OF CONGRESS, AP- SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- CUIT, VICE HENRY A. POLITZ, RETIRED. PROVED JUNE 1879 (21 STAT. 37) (33 USC 642). PENSATION AS AMBASSADOR EXTRAORDINARY AND SHARON PROST, OF THE DISTRICT OF COLUMBIA, TO BE BRIGADIER GENERAL CARL A. STROCK, UNITED PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA UNITED STATES CIRCUIT JUDGE FOR THE FEDERAL CIR- STATES ARMY, TO BE A MEMBER OF THE MISSISSIPPI TO ANDORRA. CUIT, VICE S. JAY PLAGER, RETIRED. RIVER COMMISSION, UNDER THE PROVISIONS OF SEC- R. BARRIE WALKLEY, OF CALIFORNIA, A CAREER MEM- JOHN G. ROBERTS, JR., OF MARYLAND, TO BE UNITED TION 2 OF AN ACT OF CONGRESS, APPROVED 28 JUNE 1879 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- (21 STAT. 37) (22 USC 642). ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- BIA CIRCUIT, VICE JAMES L. BUCKLEY, RETIRED. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DENNIS W. SHEDD, OF SOUTH CAROLINA, TO BE UNITED NUCLEAR REGULATORY COMMISSION OF AMERICA TO THE REPUBLIC OF GUINEA. STATES CIRCUIT JUDGE FOR THE FOURTH CIRCUIT, VICE MARCELLE M. WAHBA, OF CALIFORNIA, A CAREER CLYDE H. HAMILTON, RETIRED. NILS J. DIAZ, OF FLORIDA, TO BE A MEMBER OF THE MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF LAVENSKI R. SMITH, OF ARKANSAS, TO BE UNITED NUCLEAR REGULATORY COMMISSION FOR THE TERM OF MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- STATES CIRCUIT JUDGE FOR THE EIGHTH CIRCUIT, VICE FIVE YEARS EXPIRING JUNE 30, 2006. (REAPPOINTMENT) DINARY AND PLENIPOTENTIARY OF THE UNITED STATES RICHARD S. ARNOLD, RETIRED. DEPARTMENT OF THE TREASURY OF AMERICA TO THE UNITED ARAB EMIRATES. JEFFREY S. SUTTON, OF OHIO, TO BE UNITED STATES MATTIE R. SHARPLESS, OF NORTH CAROLINA, A CA- CIRCUIT JUDGE FOR THE SIXTH CIRCUIT, VICE DAVID A. B. JOHN WILLIAMS, JR., OF VIRGINIA, TO BE CHIEF REER MEMBER OF THE SENIOR FOREIGN SERVICE, NELSON, RETIRED. COUNSEL FOR THE INTERNAL REVENUE SERVICE AND CLASS OF CAREER MINISTER, TO BE AMBASSADOR EX- TIMOTHY M. TYMKOVICH, OF COLORADO, TO BE UNITED AN ASSISTANT GENERAL COUNSEL IN THE DEPARTMENT TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE OF THE TREASURY, VICE STUART L. BROWN, RESIGNED. STATES OF AMERICA TO THE CENTRAL AFRICAN REPUB- JOHN C. PORFILIO, RETIRED. ROBERT C. BONNER, OF CALIFORNIA, TO BE COMMIS- LIC. TERRENCE W. BOYLE, OF NORTH CAROLINA, TO BE SIONER OF CUSTOMS, VICE RAYMOND W. KELLY, RE- ARLENE RENDER, OF VIRGINIA, A CAREER MEMBER OF UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- SIGNED. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- CUIT, VICE J. DICKSON PHILLIPS, JR., RETIRED.

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EDITH BROWN CLEMENT, OF LOUISIANA, TO BE UNITED TERM OF FIFTEEN YEARS, VICE JOHN PAUL WIESE, TRICT OF NORTH CAROLINA FOR THE TERM OF FOUR STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT, VICE TERM EXPIRING. YEARS, VICE MARK TIMOTHY CALLOWAY, RESIGNED. JOHN M. DUHE, JR., RETIRED. MARIAN BLANK HORN, OF MARYLAND, TO BE A JUDGE THOMAS C. GEAN, OF ARKANSAS, TO BE UNITED RICHARD R. CLIFTON, OF HAWAII, TO BE UNITED OF THE UNITED STATES COURT OF FEDERAL CLAIMS STATES ATTORNEY FOR THE WESTERN DISTRICT OF AR- STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE FOR A TERM OF FIFTEEN YEARS. (REAPPOINTMENT) KANSAS FOR THE TERM OF FOUR YEARS, VICE PAUL CYNTHIA HOLCOMB HALL, RETIRED. LAWRENCE J. BLOCK, OF VIRGINIA, TO BE A JUDGE OF KINLOCH HOLMES, III, RESIGNED. DEBORAH L. COOK, OF OHIO, TO BE UNITED STATES CIR- THE UNITED STATES COURT OF FEDERAL CLAIMS FOR A TODD PETERSON GRAVES, OF MISSOURI, TO BE UNITED CUIT JUDGE FOR THE SIXTH CIRCUIT VICE ALAN E. NOR- TERM OF FIFTEEN YEARS, VICE ERIC G. BRUGGINK, STATES ATTORNEY FOR THE WESTERN DISTRICT OF RIS, RETIRED. TERM EXPIRED. MISSOURI FOR THE TERM OF FOUR YEARS, VICE STE- MIGUEL A. ESTRADA, OF VIRGINIA, TO BE UNITED DEPARTMENT OF JUSTICE PHEN LAWRENCE HILL, JR., RESIGNED. STATES CIRCUIT JUDGE FOR THE DISTRICT OF COLUM- JAMES MING GREENLEE, OF MISSISSIPPI, TO BE BIA CIRCUIT, VICE PATRICIA M. WALD, RETIRED. HARRY SANDLIN MATTICE, JR., OF TENNESSEE, TO BE UNITED STATES ATTORNEY FOR THE NORTHERN DIS- HARRIS L. HARTZ, OF NEW MEXICO, TO BE UNITED UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT TRICT OF MISSISSIPPI FOR THE TERM OF FOUR YEARS, STATES CIRCUIT JUDGE FOR THE TENTH CIRCUIT, VICE OF TENNESSEE FOR THE TERM OF FOUR YEARS, VICE VICE CALVIN D. BUCHANAN, RESIGNED. BOBBY RAY BALDOCK, RETIRED. CARL KIMMEL KIRKPATRICK, RESIGNED. RAYMOND W. GRUENDER, OF MISSOURI, TO BE UNITED JEFFREY R. HOWARD, OF NEW HAMPSHIRE, TO BE ROBERT GARNER MCCAMPBELL, OF OKLAHOMA, TO BE STATES ATTORNEY FOR THE EASTERN DISTRICT OF MIS- UNITED STATES CIRCUIT JUDGE FOR THE FIRST CIR- UNITED STATES ATTORNEY FOR THE WESTERN DIS- SOURI FOR THE TERM OF FOUR YEARS, VICE AUDREY G. CUIT, VICE NORMAN H. STAHL, RETIRED. TRICT OF OKLAHOMA FOR THE TERM OF FOUR YEARS, FLEISSIG, RESIGNED. CAROLYN B. KUHL, OF CALIFORNIA, TO BE UNITED VICE DANIEL G. WEBBER, JR., RESIGNED. TERRELL LEE HARRIS, OF TENNESSEE, TO BE UNITED STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE PAUL J. MCNULTY, OF VIRGINIA, TO BE UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF JAMES R. BROWNING, RETIRED. STATES ATTORNEY FOR THE EASTERN DISTRICT OF VIR- TENNESSEE FOR THE TERM OF FOUR YEARS, VICE MICHAEL P. MILLS, OF MISSISSIPPI, TO BE UNITED GINIA FOR THE TERM OF FOUR YEARS, VICE HELEN VERONICA FREEMAN COLEMAN, RESIGNED. STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT FRANCES FAHEY, RESIGNED. MICHAEL G. HEAVICAN, OF NEBRASKA, TO BE UNITED OF MISSISSIPPI, VICE NEAL B. BIGGERS, RETIRED. MATTHEW HANSEN MEAD, OF WYOMING, TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF NEBRASKA JAMES H. PAYNE, OF OKLAHOMA, TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF WYOMING FOR FOR THE TERM OF FOUR YEARS, VICE THOMAS JUSTIN STATES DISTRICT JUDGE FOR THE NORTHERN, EASTERN THE TERM OF FOUR YEARS, VICE DAVID D. MONAGHAN, RESIGNED. AND WESTERN DISTRICTS OF OKLAHOMA, VICE BILLY FREUDENTHAL, RESIGNED. THOMAS B. HEFFELFINGER, OF MINNESOTA, TO BE MICHAEL BURRAGE, RESIGNED. PATRICK LEO MEEHAN, OF PENNSYLVANIA, TO BE UNITED STATES ATTORNEY FOR THE DISTRICT OF MIN- DANNY C. REEVES, OF KENTUCKY, TO BE UNITED UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT NESOTA FOR THE TERM OF FOUR YEARS, VICE BYRON STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF PENNSYLVANIA FOR THE TERM OF FOUR YEARS, TODD JONES, RESIGNED. OF KENTUCKY, VICE A NEW POSITION CREATED BY PUB- VICE MICHAEL RANKIN STILES, RESIGNED. ROSCOE CONKLIN HOWARD, JR., OF THE DISTRICT OF LIC LAW 106–553, APPROVED DECEMBER 21, 2000. WILLIAM WALTER MERCER, OF MONTANA, TO BE COLUMBIA, TO BE UNITED STATES ATTORNEY FOR THE REGGIE B. WALTON, OF THE DISTRICT OF COLUMBIA, UNITED STATES ATTORNEY FOR THE DISTRICT OF MON- DISTRICT OF COLUMBIA FOR THE TERM OF FOUR YEARS, TO BE UNITED STATES DISTRICT JUDGE FOR THE DIS- TANA FOR THE TERM OF FOUR YEARS, VICE SHERRY VICE WILMA A. LEWIS, RESIGNED. TRICT OF COLUMBIA, VICE STANLEY SPORKIN, RETIRED. SCHEEL MATTEUCCI, RESIGNED. TERRY L. WOOTEN, OF SOUTH CAROLINA, TO BE DAVID CLAUDIO IGLESIAS, OF NEW MEXICO, TO BE MICHAEL W. MOSMAN, OF OREGON, TO BE UNITED UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF UNITED STATES ATTORNEY FOR THE DISTRICT OF NEW STATES ATTORNEY FOR THE DISTRICT OF OREGON FOR SOUTH CAROLINA, VICE A NEW POSITION CREATED BY MEXICO FOR THE TERM OF FOUR YEARS, VICE NORMAN THE TERM OF FOUR YEARS, VICE KRISTINE OLSON ROG- PUBLIC LAW 106–553, APPROVED DECEMBER 21, 2000. C. BAY. ERS, RESIGNED. M. CHRISTINA ARMIJO, OF NEW MEXICO, TO BE UNITED CHARLES W. LARSON, SR., OF IOWA, TO BE UNITED THOMAS E. MOSS, OF IDAHO, TO BE UNITED STATES AT- STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW STATES ATTORNEY FOR THE NORTHERN DISTRICT OF TORNEY FOR THE DISTRICT OF IDAHO FOR THE TERM OF MEXICO, VICE A NEW POSITION CREATED BY PUBLIC LAW IOWA FOR THE TERM OF FOUR YEARS, VICE STEPHEN 106–553, APPROVED DECEMBER 21, 2000. FOUR YEARS, VICE BETTY HANSEN RICHARDSON, RE- JOHN RAPP, RESIGNED. JOHN D. BATES, OF MARYLAND, TO BE UNITED STATES SIGNED. DEBORAH J. DANIELS, OF INDIANA, TO BE AN ASSIST- DISTRICT JUDGE FOR THE DISTRICT OF COLUMBIA, VICE STEPHEN BEVILLE PENCE, OF KENTUCKY, TO BE ANT ATTORNEY GENERAL, VICE LAURIE O. ROBINSON, STANLEY S. HARRIS, RETIRED. UNITED STATES ATTORNEY FOR THE WESTERN DIS- RESIGNED. KARON O. BOWDRE, OF ALABAMA, TO BE UNITED TRICT OF KENTUCKY FOR THE TERM OF FOUR YEARS, JAY S. BYBEE, OF NEVADA, TO BE AN ASSISTANT AT- STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT VICE STEVEN S. REED, RESIGNED. TORNEY GENERAL, VICE RANDOLPH D. MOSS, RESIGNED. OF ALABAMA, VICE SAM C. POINTER, JR., RETIRED. THOMAS L. SANSONETTI, OF WYOMING, TO BE AN AS- RICHARD R. NEDELKOFF, OF TEXAS, TO BE DIRECTOR DAVID L. BUNNING, OF KENTUCKY, TO BE UNITED SISTANT ATTORNEY GENERAL, VICE LOIS JANE OF THE BUREAU OF JUSTICE ASSISTANCE, VICE NANCY STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT SCHIFFER, RESIGNED. E. GIST, RESIGNED. OF KENTUCKY, VICE WILLIAM O. BERTELSMAN, RE- MICHAEL J. SULLIVAN, OF MASSACHUSETTS, TO BE TIRED. UNITED STATES ATTORNEY FOR THE DISTRICT OF MAS- EXECUTIVE OFFICE OF THE PRESIDENT SACHUSETTS FOR THE TERM OF FOUR YEARS, VICE DON- DEPARTMENT OF JUSTICE ALD KENNETH STERN, RESIGNED. SCOTT M. BURNS, OF UTAH, TO BE DEPUTY DIRECTOR JOHN W. SUTHERS, OF COLORADO, TO BE UNITED FOR STATE AND LOCAL AFFAIRS, OFFICE OF NATIONAL TIMOTHY MARK BURGESS, OF ALASKA, TO BE UNITED DRUG CONTROL POLICY. (NEW POSITION) STATES ATTORNEY FOR THE DISTRICT OF ALASKA FOR STATES ATTORNEY FOR THE DISTRICT OF COLORADO FOR THE TERM OF FOUR YEARS, VICE THOMAS LEE THE TERM OF FOUR YEARS, VICE ROBERT CHARLES DEPARTMENT OF JUSTICE BUNDY, RESIGNED. STRICKLAND, RESIGNED. J. STROM THURMOND, JR., OF SOUTH CAROLINA, TO BE JOHN W. GILLIS, OF CALIFORNIA, TO BE DIRECTOR OF THE JUDICIARY THE UNITED STATES ATTORNEY FOR THE DISTRICT OF THE OFFICE OF VICTIMS OF CRIME, VICE KATHRYN M. SOUTH CAROLINA FOR THE TERM OF FOUR YEARS, VICE KAREN K. CALDWELL, OF KENTUCKY, TO BE UNITED TURMAN, RESIGNED. J. RENE JOSEY, RESIGNED. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT JOSEPH S. VAN BOKKELEN, OF INDIANA, TO BE UNITED OF KENTUCKY, VICE HENRY R. WILHOIT, JR., RETIRED. DEPARTMENT OF COMMERCE STATES ATTORNEY FOR THE NORTHERN DISTRICT OF IN- LAURIE SMITH CAMP, OF NEBRASKA, TO BE UNITED DIANA FOR THE TERM OF FOUR YEARS, VICE JON ER- JAMES EDWARD ROGAN, OF CALIFORNIA, TO BE UNDER STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- NEST DEGUILIO, RESIGNED. SECRETARY OF COMMERCE FOR INTELLECTUAL PROP- BRASKA, VICE WILLIAM G. CAMBRIDGE, RETIRED. GREGORY F. VAN TATENHOVE, OF KENTUCKY, TO BE ERTY AND DIRECTOR OF THE UNITED STATES PATENT PAUL G. CASSELL, OF UTAH, TO BE UNITED STATES UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT AND TRADEMARK OFFICE, VICE Q. TODD DICKINSON, RE- DISTRICT JUDGE FOR THE DISTRICT OF UTAH, VICE OF KENTUCKY FOR THE TERM OF FOUR YEARS, VICE JO- SIGNED. DAVID SAM, RETIRED. SEPH LESLIE FAMULARO, RESIGNED. CLAIRE V. EAGAN, OF OKLAHOMA, TO BE UNITED DEPARTMENT OF JUDICIARY STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT ANNA MILLS S. WAGONER, OF NORTH CAROLINA, TO BE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF OKLAHOMA, VICE THOMAS RUTHERFORD BRETT, RE- SHAREE M. FREEMAN, OF VIRGINIA, TO BE DIRECTOR, OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, TIRED. COMMUNITY RELATIONS SERVICE, FOR A TERM OF FOUR VICE WALTER CLINTON HOLTON, JR., RESIGNED. KURT D. ENGELHARDT, OF LOUISIANA, TO BE UNITED YEARS, VICE ROSE OCHI, TERM EXPIRED. STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT SUSAN W. BROOKS, OF INDIANA, TO BE UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF INDIANA OF LOUISIANA, VICE MOREY L. SEAR, RETIRED. EXECUTIVE OFFICE OF THE PRESIDENT STEPHEN P. FRIOT, OF OKLAHOMA, TO BE UNITED FOR THE TERM OF FOUR YEARS, VICE JUDITH ANN STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT STEWART, RESIGNED. JOHN P. WALTERS, OF MICHIGAN, TO BE DIRECTOR OF OF OKLAHOMA, VICE WAYNE E. ALLEY, RETIRED. JOHN L. BROWNLEE, OF VIRGINIA, TO BE UNITED NATIONAL DRUG CONTROL POLICY, VICE BARRY R. CALLIE V. GRANADE, OF ALABAMA, TO BE UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF VIR- MCCAFFREY, RESIGNED. STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT GINIA FOR THE TERM OF FOUR YEARS, VICE ROBERT P. OF ALABAMA, VICE ALEX T. HOWARD, JR., RETIRED. CROUCH, JR., RESIGNED. DEPARTMENT OF JUSTICE JAMES E. GRITZNER, OF IOWA, TO BE UNITED STATES LEURA GARRETT CANARY, OF ALABAMA, TO BE DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF IOWA, UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT MAURICIO J. TAMARGO, OF FLORIDA, TO BE CHAIRMAN VICE CHARLES R. WOLLE, RETIRED. OF ALABAMA FOR THE TERM OF FOUR YEARS, VICE OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF JOE L. HEATON, OF OKLAHOMA, TO BE UNITED STATES CHARLES REDDING PITT, RESIGNED. THE UNITED STATES FOR A TERM EXPIRING SEPTEMBER DISTRICT JUDGE FOR THE WESTERN DISTRICT OF OKLA- PAUL K. CHARLTON, OF ARIZONA, TO BE UNITED 30, 2003, VICE JOHN R. LACEY. HOMA, VICE RALPH G. THOMPSON, RETIRED. STATES ATTORNEY FOR THE DISTRICT OF ARIZONA FOR J. ROBERT FLORES, OF VIRGINIA, TO BE ADMINIS- LARRY R. HICKS, OF NEVADA, TO BE UNITED STATES THE TERM OF FOUR YEARS, VICE JOSE DE JESUS RI- TRATOR OF THE OFFICE OF JUVENILE JUSTICE AND DE- DISTRICT JUDGE FOR THE DISTRICT OF NEVADA, VICE VERA, RESIGNED. LINQUENCY PREVENTION, VICE SHELDON C. BILCHIK. JOHNNIE B. RAWLINSON, ELEVATED. MARGARET M. CHIARA, OF MICHIGAN, TO BE UNITED WILLIAM P. JOHNSON, OF NEW MEXICO, TO BE UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF IN THE ARMY STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW MICHIGAN FOR THE TERM OF FOUR YEARS, VICE MI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEXICO, VICE JOHN E. CONWAY, RETIRED. CHAEL HAYES DETTMER, RESIGNED. TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARY ELLEN COSTER WILLIAMS, OF MARYLAND, TO BE COLM F. CONNOLLY, OF DELAWARE, TO BE UNITED DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 A JUDGE OF THE UNITED STATES COURT OF FEDERAL STATES ATTORNEY FOR THE DISTRICT OF DELAWARE AND 3064: CLAIMS FOR A TERM OF FIFTEEN YEARS, VICE SARAH L. FOR THE TERM OF FOUR YEARS, VICE CARL SCHNEE, RE- WILSON. SIGNED. To be major CHARLES F. LETTOW, OF VIRGINIA, TO BE A JUDGE OF ROBERT J. CONRAD, JR., OF NORTH CAROLINA, TO BE THE UNITED STATES COURT OF FEDERAL CLAIMS FOR A UNITED STATES ATTORNEY FOR THE WESTERN DIS- SHAOFAN K. XU

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