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

Vol. 145 WASHINGTON, WEDNESDAY, JULY 21, 1999 No. 104 Senate The Senate met at 9:30 a.m. and was The PRESIDENT pro tempore. The MORNING BUSINESS called to order by the President pro able Senator from Illinois is recog- The PRESIDING OFFICER. Under tempore [Mr. THURMOND]. nized. the previous order, there will now be a Mr. DURBIN. Mr. President, it is my PRAYER period for the transaction of morning understanding that I have been allo- business not to extend beyond the hour The Chaplain, Dr. Lloyd John cated 30 minutes in morning business, of 10:30 a.m. with Senators permitted Ogilvie, offered the following prayer: if I am not mistaken. I will be happy to to speak therein up to 5 minutes each. Jehovah Shalom, we claim Isaiah’s yield to my colleague from Utah. Under the previous order, the Sen- promise about Your faithfulness: ‘‘You Mr. HATCH. Will the Senator from ator from Illinois, Mr. DURBIN, or his will keep him in perfect peace whose Illinois yield, because I understood I designee, is to be recognized to speak mind is stayed on You.’’—Isaiah 26:3. was to begin. I have to do the leader- up to 30 minutes. Also under the pre- This is good news! You stay our minds ship announcements, and then I was vious order, the Senator from Utah, on You. This gives us lasting peace of supposed to give my statement. Mr. HATCH, or his designee, is to be rec- mind and serenity of soul. You know Mr. DURBIN. I am happy to yield to ognized to speak up to 30 minutes. how easily we can be distracted. For my colleague. The Senator from Utah. hours on end, we can forget You. Often Mr. HATCH. If my colleague will Mr. HATCH. Mr. President, I thank we press on in our work, depending on yield, I would appreciate it. my colleague from Illinois for allowing our own strength, insight, or priorities I thank the Senator. me to proceed with the two sets of re- with little thought of You or time for marks I would like to make. prayer. That’s why Isaiah’s promise is f f so propitious. You won’t forget us nor SCHEDULE allow us to forget You. You will invade CONDOLENCES TO THE KENNEDY our thinking and remind us that we be- Mr. HATCH. Mr. President, today the AND BESSETTE FAMILIES long to You, that You are Sovereign of Senate will be in a period of morning business until 10:30 a.m. Following Mr. HATCH. Mr. President, I rise to this land, that You are in control, and express my heartfelt sympathy to our that our chief end is to glorify You and morning business, the Senate will re- sume debate on the intelligence au- colleague, Senator TED KENNEDY, and enjoy You forever. the whole Kennedy Family on the thorization bill with Senator BINGAMAN Bless the Senators today. Rivet their death of his nephew, John F. Kennedy, minds on You. Guide their thinking to be recognized to offer a second-de- gree amendment regarding field report- Jr. and their decisions. The future of our John Kennedy, Jr. was much admired ing. Other amendments are expected to Nation depends on leaders who seek by all Americans. The son of Camelot, be offered and debated throughout to- first Your will and righteousness. Help he was aware of his own celebrity but day’s session of the Senate. Therefore, them to be attentive to You and keep did not flaunt it. Senators can expect votes throughout them attuned to Your voice. Thank His entry into politics—the Kennedy the day and into the evening. The ma- You in advance for a day filled with family business—would have been well jority leader would like to inform all Your perfect peace. Amen. paved for him, but he chose to go his Members that the Senate will remain f own way. He succeeded in the ex- in session today until action is com- tremely competitive publishing world. PLEDGE OF ALLEGIANCE pleted on the pending intelligence au- When failures in this industry out- The PRESIDENT pro tempore. Sen- thorization bill. number successes, he created and built ator HATCH is now designated to lead Upon completion of that bill, it is the ‘‘George’’ into a popular and often in- the Senate in the Pledge of Allegiance. intention of the majority leader to pro- sightful magazine. By all accounts, The Honorable ORRIN HATCH, a ceed to any appropriations bill on the JFK, Jr. was a hands-on editor, had a Senator from the State of Utah, led the calendar. fair hand, and had an eye for what Pledge of Allegiance, as follows: I thank my colleagues for their at- would be interesting and fresh for I pledge allegiance to the Flag of the tention. United States of America, and to the Repub- American readers. lic for which it stands, one nation under God, f His marriage to Carolyn Bessette took America’s number one bachelor indivisible, with liberty and justice for all. RESERVATION OF LEADER TIME f off the market. But, it also gave his The PRESIDING OFFICER (Mr. life new dimension. ORDER OF PROCEDURE ALLARD). Under the previous order, We here in the Senate would be re- Mr. DURBIN addressed the Chair. leadership time is reserved. miss if we did not also express our

∑ 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 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8902 CONGRESSIONAL RECORD — SENATE July 21, 1999 deepest sympathy to the Bessette fam- executive vice president, supervising a the plane crash last Friday. When my ily who lost two daughters in this ter- staff of 45 attorneys and field rep- wife came in in Springfield, IL, Satur- rible accident. As a father, this is a resentatives nationwide, as well as the day morning and said that she had just loss I cannot begin to imagine. litigation and negotiations staff in the heard on the radio that John Kennedy’s It seems that no family should have NTEU training program. His dedicated plane was missing, our reaction was to endure the level of tragedy that has and skillful performance in these posi- the same: Could this be another trag- befallen the Kennedys. I will say to the tions led to his election as President of edy for this family? Senator from Massachusetts: America NTEU in 1983 and his subsequent re- The Kennedy family means so much mourns with you and the Senate election on three occasions. to America, so much to the Democratic mourns with you, your family, and the Under Bob’s guidance, NTEU has Party, and so much to many of us per- Bessette family as well. been an influential voice for Federal sonally. As a young student just start- Elaine and I want to express publicly employees and has waged many suc- ing at Georgetown University in 1963, I what we have said privately, which is cessful battles on their behalf. From arrived weeks before the assassination that you and your family and the challenging the line-item veto, to se- of President John Kennedy. I stood on Bessette family are in our thoughts curing the right to picket for Federal Pennsylvania Avenue and watched the and prayers. May God hold you in the employees, to obtaining the payment funeral cortege leave the White House palm of his hand. of over a half billion dollars in back for this Capitol Building, where Presi- (The remarks of Mr. HATCH per- pay from the Nixon administration, dent John Kennedy’s body was held in taining to the introduction of S. 1406 Bob Tobias has achieved wide-ranging reverence for visitation by the Amer- are located in today’s RECORD under victories for our public servants. ican people. ‘‘Statements on Introduced Bills and In addition to his talent for success- Then I can recall, as a college stu- Joint Resolutions.’’) ful litigation, Bob Tobias has worked dent, sitting in this gallery and look- Mr. HATCH. Mr. President, once with the Government and its agencies ing down on this floor to watch as Sen- again, I thank my dear friend from Illi- to improve the status of Federal em- ator TED KENNEDY and Senator Robert nois for allowing me to proceed, and at ployees and to enhance their ability to Kennedy talked about the war in Viet- this point I yield the floor. nam, and in the gallery across the way The PRESIDING OFFICER. The Sen- serve the public. For example, he is was Ethel Kennedy and other members ator from Illinois. credited with wide-ranging IRS re- Mr. DURBIN. Mr. President, under forms, rendering the tax-collecting or- of the Kennedy family. Little did I the order that was previously stated, I ganization a more efficient and respon- dream that the day would come when I yield 3 minutes in morning business to sive public agency. He is credited with would serve with Senator TED KENNEDY the Senator from Maryland. instituting the first negotiated alter- and come to know him personally. The PRESIDING OFFICER. Without nate work schedule for employees and Each of us who serves with him under- objection, the Senator from Maryland the first cooperative labor manage- stands what an extraordinary person he is recognized. ment program for onsite child care. is. He, in my mind, is the best legis- Because of his extensive interaction lator on the floor of the Senate. He is f with the agencies that employ Federal so well versed, so well prepared, and so RECOGNITION OF ROBERT TOBIAS workers, Bob is highly regarded as an hard-working, that he is an inspiration Mr. SARBANES. Mr. President, I rise expert on how to improve Government. to all of us. today to recognize Robert Tobias for Many different organizations have We are reminded from time to time, his distinguished service at the Na- sought out his expertise on these mat- as we were this weekend, that his obli- tional Treasury Employees Union, in- ters and, among others, Bob is now a gations go beyond the Senate and cer- cluding four terms as its president. member of the President’s National tainly to a large family who looks to Admired by his friends and adver- Partnership Council, the Federal Advi- him for guidance and leadership in saries alike, Bob Tobias has garnered sory Committee on Occupational Safe- times of trial. This week, TED KENNEDY respect as an effective advocate and ty and Health, the Executive Com- is bringing together the Kennedy fam- constructive mediator during his ten- mittee of the Internal Revenue Serv- ily in mourning over the death of John ure at the NTEU. ice, and the American Arbitration As- Kennedy, his wife Carolyn Bessette Bob and his wife Susan reside in Be- sociation. Kennedy, and her sister Lauren. Our thesda, MD, and we are very proud to Because of his dedicated leadership hearts go out to him and the entire have them as residents of our State. on behalf of our Federal workers, his family and to the Bessette family as However, Bob is a native of Michigan consensus-building approach to Gov- well. and received a bachelor’s degree, as ernment reform, and the highly profes- Those of us who remember that 1963 well as a master’s degree, in business sional manner in which he carried out assassination graphically can recall ex- administration from the University of his work, Bob Tobias leaves a powerful actly where we were at the moment Michigan. Bob completed his education and enduring legacy as President of the that we heard President John Kennedy at George Washington University, NTEU. I am pleased that he will con- was shot. As we watched all the scenes where he received a law degree. He tinue in the public realm since he is unfold afterwards, one of the most built upon his formal education with planning a career in public policy poignant was that of little John Ken- substantial legal experience as a labor teaching and writing. nedy saluting his father as the casket relations specialist for General Motors Again, I congratulate Bob Tobias on passed in front of the church. I guess Corporation in Detroit and with the In- his outstanding service at NTEU and we had always hoped that because ternal Revenue Service. his terrific record as a public servant Caroline and John Kennedy had en- When Bob first joined the NTEU in on behalf of the American people, and I dured this tragedy so early in life that 1968, he became its second staff em- wish him all the best in the years God would find a special place for them ployee. During his 31-year tenure at ahead. and they would lead normal, happy, NTEU, Bob served the organization in Mr. President, I yield the floor. and secure lives. They certainly set out numerous capacities and saw the staff Mr. DURBIN addressed the Chair. to do it and did it well, both of them. grow to more than 100 members with The PRESIDING OFFICER. The Sen- Then again, a tragedy such as this will seven field offices across the country. ator from Illinois is recognized. occur and remind us again of our vul- Now representing more than 150,000 f nerability and fragility as human Federal employees at the Internal Rev- beings. enue Service, Customs Service, and ANOTHER TRAGEDY IN THE Our hearts and prayers go out to both other agencies, NTEU is a strong voice KENNEDY FAMILY families, and certainly to Senator KEN- for public servants on Capitol Hill and Mr. DURBIN. Mr. President, I want NEDY in his leadership role in the Ken- with the other branches of Govern- to say a word about the tragedy which nedy family. We will be remembering ment. has befallen the Kennedy family and them as this week passes and as we ad- Starting at NTEU as a staff attorney, the Bessette family, as we learn about dress our concern and sympathy on the Bob later served as general counsel and the terrible circumstances involving floor of the Senate.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8903 Mr. SARBANES. Will the Senator lion, and, just in the last 20 years, an- ship which the Democrats showed in yield? other $4 or $5 trillion in debt. turning the corner on these Federal Mr. DURBIN. I am happy to yield to What does it mean to have a debt in deficits. It is basically this: my colleague. this country? You have to pay interest First, let us meet our current obliga- Mr. SARBANES. Mr. President, I on it, for one thing. The interest we tions to Social Security and to Medi- commend my very able colleague from pay each year on that debt we have ac- care. Illinois for his very eloquent remarks cumulated is $350 billion out of a na- It is amazing to me, as I listen to the about this tragedy, and I associate my- tional budget this year of about $1.7 Republicans talk about all of our fu- self with his remarks. Our hearts do go trillion. You see that each year about ture challenges, that there is one word out to both families, the Kennedy fam- 20 percent of our national budget goes they are afraid to utter—the word ily and the Bessette family. The to pay interest on the debt we have ac- ‘‘Medicare,’’ the health insurance pro- Bessette family has lost two children. cumulated. gram for over 40 million senior and dis- My State has been fortunate to be The new President came in—Presi- abled Americans, a program which blessed by the extraordinary leadership dent Clinton—in 1992 and said: We have needs our attention and help. of the next generation of the Kennedy to do something about this. We can’t What the Democrats and the Presi- family in terms of Kathleen Kennedy keep going down this path of accumu- dent propose is to take a portion of the Townsend, who now serves as our lieu- lating debt and paying more money in future anticipated surplus as it comes tenant governor. So I have a direct interest. It isn’t good for our current in to solidify Social Security for an- sense of the strong responsibility of generation to be paying out that other 50 years and to make sure Medi- dedicated public service which has money, and certainly we shouldn’t sad- care can start to meet its obligations marked this family from the very be- dle our children with that added re- past the year 2012. ginning. sponsibility. We will have to do more, believe me. All of us are deeply struck by this In 1993, he came to the Congress and But at least by dedicating that portion tragedy. Our hearts reach out to the said: Let us take from what we have of the surplus, I think we are accepting families. We extend them our very been doing over the past 10 years and the responsibility, before we give heartfelt sympathies. We feel very do something new. The President pro- money away for any new program or deeply about our colleague, Senator posed a new budget plan—a plan that give money away for any tax cut, to KENNEDY, who, of course, has assumed was determined to bring down this take care of the programs that mean so the family leadership responsibilities. debt. That plan passed without a single much to American families and in the We have to press on, but it really Republican vote. In 1993, the Clinton process bring down the national debt comes as a very saddening tragedy for plan passed without a single Repub- and start paying off this $5 trillion na- all of us. lican vote in this Chamber. Vice Presi- tional debt. I thank my colleague for yielding. dent Gore came to the Chair and cast Is that important? It is critically im- Mr. DURBIN. Mr. President, I inquire the deciding vote to pass the plan. portant because not only by bringing of the time remaining under morning It was a big gamble. Some Members down this debt will we reduce our an- business. of Congress on the Democratic side lost nual interest payments of $350 billion, The PRESIDING OFFICER. The Sen- in the next election because they voted but we will free up capital in America ator has 20 minutes under his control. for the Clinton plan. Marjorie for small businesses, large businesses, f Margolies-Mezvinsky, one of my col- and families alike to borrow money at leagues from the State of Pennsyl- a low interest rate. TAX CUTS vania, cast a courageous vote for that Mrs. BOXER. Mr. President, will the Mr. DURBIN. Mr. President, I wish to plan and lost in the next election. Senator yield for a question? address an issue which is topical and But was the President right? History Mr. DURBIN. I am happy to yield to one that most Americans will be hear- tells us he was dramatically so because my colleague, Senator BOXER. ing about during the course of this in the last 6 years we have seen not Mrs. BOXER. Mr. President, I am week and the next. It is an issue in- only our economy grow dramatically in happy to see our colleague, Senator volving tax cuts. Can there be two terms of the creation of jobs and busi- SARBANES, because we all serve on the more glorious words for a politician to nesses—low inflation, new housing Budget Committee because we know utter than ‘‘tax cuts’’? starts, and all the positive things we what a turning point this is for our Na- People brighten up and their eyes like—but we have finally seen us turn tion. open and they look in anticipation, and the corner and move toward balance My friend said that with the Clinton they think: What is this politician when it comes to our annual Federal plan we have finally turned a sea of red going to bring me by way of a tax cut? budget. ink into a fiscally responsible situa- Our friends on the Republican side of Now, if you will, we are not dis- tion. Is my friend saying—I want to the aisle have decided that they will cussing what to do as we swim through make sure we all understand—that in make the centerpiece of their legisla- this sea of red ink but, rather, what to the Republican plan for the projected tive effort this year a tax cut, a tax cut do with an anticipated surplus. In 6 surplus there is not $1 set aside for which, frankly, will have an impact on years, we have moved from talk of a Medicare? Is that what my friend is America—positive in some respects but deficit to speaking of surplus. telling me? overwhelmingly negative in other re- There are two different views on Mr. DURBIN. I thank the Senator spects—for decades to come. So I think what to do with this future surplus. from California. it is important for us to come to the The Republican side of the aisle is sug- I point to this chart. I hope this can floor and discuss exactly where we are gesting a $1 trillion tax cut over a 10- be seen because the Republican tax cut today and where we are going. year period of time. I am sure that is plan of $1 trillion over the first 10 years First, a bit of history: appealing to some, particularly if you leaves nothing for Medicare—not a In the entire history of the United are in the higher income groups in penny for Medicare, as if the Medicare States of America, from President America who will benefit from this tax program itself is self-healing. It is not. George Washington and through the cut. But certainly we ought to step If you were going to deal with the administration of President Jimmy back for a second and say: Is that the Medicare problems—and they are sub- Carter, our Nation accumulated $1 tril- responsible thing to do? Should we be stantial—you have only two or three lion in debt—a huge sum of money over giving away $1 trillion in tax cuts over options: raise payroll taxes and in- 200 years. But at the end of the Carter the next 10 years at the expense of vir- crease the amount paid by those under administration, and the Reagan and tually everything else? Medicare or cut benefits. We may face Bush administrations began, we start- Our side of the aisle, the Democratic some combination of those, as painful ed stacking up debts in numbers that side of the aisle, working with Presi- as they will be. But they will be much were unimaginable. In fact, today we dent Clinton, has a different approach, worse if, in fact, we don’t dedicate a have over $5 trillion in national debt. one which I think is more responsible portion of the surplus to the Medicare Think about that—200 years, $1 tril- and more consistent with the leader- program.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8904 CONGRESSIONAL RECORD — SENATE July 21, 1999 The Senator is right. If you take a what it means in the next 10 years and fare statistics. When we cut back in look at this, there is not a penny of the the following 10 years. early childhood education, which the Republican tax cut plan for Medicare Look what happens. It explodes from Republican plan leads us to, we will and other priorities. the years 2000 to 2004, $156 billion; $636 pay for it dearly. Mrs. BOXER. Could I ask a final billion in the next 5 years; $903 billion Veterans, VA medical care. If the Re- question? in the following 4 years, and over $1 publican plan passes, forcing the budg- My friend and I have been on this trillion in the last. et cuts which inevitably follow, they floor on numerous occasions as pro- What does it mean? For the so-called will cut treatment for 1.4 million pa- posals have come forward to raise the baby boomers such as myself, when the tients, veterans who come to hospitals eligibility age for Medicare to 67 or 68. time comes for retirement, the debt is asking for the care they were promised We have said, at a time when there are going to start exploding again. The when they served our country. Is that a so many Americans with no health in- service of that debt, the interest paid reasonable alternative? I think it is surance, let us not raise the eligible on the debt because of the Republican not. age for Medicare. tax cut proposal, will be a new burden Under title I, education for the dis- I know how strongly the Senator to be shouldered by that future genera- advantaged, cutting services for 6.5 feels, and how Senator SARBANES and I tion. It is not responsible. The Repub- million children; The FBI, eliminating feel about Medicare. Does my friend lican approach is not responsible. Not over 6,000 agents. not believe, as I do that, when we talk only does it ignore Medicare but it The Republicans smile and say, come about the safety net for our senior citi- drags America right back into the sea on, we can give tax cuts, we can cut zens, we must talk about Social Secu- of red ink. They are so determined to the budget, and none of this will occur. rity and Medicare—that, in fact, they give these tax cuts to wealthy Ameri- We have lived through that era, that are the twin pillars of the safety net? cans that they are going to do it at the era of overpromising, that era that I ask my friend—and I will yield to expense of fiscal sanity. Haven’t we built up the red ink in this country to him—that if we save Social Security— learned a lesson over the last 10 or 20 the point where we faced a national crisis and pleas from the Republican and both parties have agreed, because years, that we cannot do this without side to enact a constitutional amend- President Clinton laid down the chal- jeopardizing the possibility that we are ment so that the courts could force lenge, that that was good—and then do going to have some kind of fiscal san- Congress to spend its money respon- nothing about Medicare—which is the ity for decades to come? sibly. We don’t want to return to that Republican plan—and suddenly those Think about this in the private sec- again. on Medicare have to pay $200, $300, or tor. My friends on the Republican side This morning I had a meeting with say run government like a business. $400 a month more for their health care the superintendent of the Office of Edu- Microsoft is a very profitable business. because Medicare is strapped, does that cation from the State of Illinois, Max not mean there really is no safety net Would Microsoft give shareholders McGee, and the chairman of the State because the seniors will have to use huge dividends based on expected fu- board of education, Ron Gidwitz, a their Social Security to pay out-of- ture profits? Of course not. They de- businessman from Chicago. They came pocket expenses for their health care? clare a dividend when the money is in in asking for more Federal dollars. Does my friend believe, as I do, that the bank. They want to have early childhood pro- The Republican tax cut programs to say you are reserving the safety net grams so kids get a better start at for seniors and at the same time you do wants to declare a national dividend in learning. They want the schoolday to nothing for Medicare, it is really kind anticipation of money coming into the go from 3 o’clock in the afternoon until of a fraud on the people? bank; the Democratic alternative says 6 o’clock where kids have added adult Mr. DURBIN. Mr. President, I agree no, dedicate a portion of that surplus supervision. They want school ex- with the Senator from California. to Social Security and to Medicare, tended in the summer so kids have an I think we should take this a step and if there is to be a tax cut, let it be added chance to learn. further. It is not only a disservice to a reasonable, affordable tax cut to help These are all wonderful consensus seniors who are covered by Medicare middle-income families first. That is ideas in education, and each one of but to their families as well. the difference. It is an important dif- them costs money. Naturally, our Those of us who have dealt with ference. State education officials come to us aging parents and their medical prob- We also have to take into consider- asking for more Federal dollars. I told lems understand that a family often ation that if the Republican tax cut is them they came at exactly the right has to rally together to try to figure enacted, it is going to put pressure on moment because the debate starts out how to help a mother, a father, a Congress to cut spending in future across the Rotunda in the House today grandmother, or a grandfather. If the years. Some people say Congress on whether or not the Republican tax additional expenses that are being should cut spending; we ought to live cut plan will pass. If it does, and if it shouldered because of the refusal of the within our means. The amount of is enacted—which I doubt the Presi- Republicans to deal with the Medicare money that will be taken from the dent would see in the future—we will challenge end up falling on the shoul- Treasury by the Republican tax cut in face the possibility of fewer dollars ders of the frail and elderly, they will the outyears would have a dramatic available for education at a time when be expenses shared by many members negative impact on America. most people believe if the 21st century of the family. This chart illustrates that. If the Re- is to be another American century, we I think it is an element that has to publican budget passes, and the tax need to dedicate resources to education be brought to this basic consideration. cuts which they have propose are en- and to our kids. That is the choice. It It is one thing to say we are giving you acted, here are the cuts we will face. is stark. It is difficult. It is politically a tax cut on the one hand and yet we The Head Start Program—a program treacherous. are going to increase the cost of Medi- for the youngest kids in America, in We must do the responsible thing. care to you on the other. some of the most vulnerable families, The responsible thing is to take what- I want to make two points which I who are given a chance to start school ever surplus comes in the future, dedi- think are important as well. I am, I ready to learn—will be cut for 375,000 cate it first to Social Security, then to guess, right on the age of what is children. The Republican tax cut leads Medicare, and then to retiring the na- known as the baby boom generation. I to a cut in Head Start of services to tional debt so that families across took a look at this Republican tax cut 375,000 kids. America and businesses alike can enjoy not just for the first 10 years. This isn’t What will happen to these children? continued prosperity, a responsible ap- a tax cut where they want to change They will show up for kindergarten and proach which guards the prosperity for the law for 10 years and then go back the first grade and they may not be the future. to the old one. It goes on indefinitely. ready to learn. So school districts will I don’t think the American people We have a right and a responsibility to have added responsibilities and society will be deceived in believing this tax chart out what the Republican tax cut will have added responsibilities. We see cut is their deliverance from concern means beyond the first 10 years, to see it reflected in crime statistics, in wel- in the future.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8905 The PRESIDING OFFICER (Mr. responsible economic policy. We have spending cuts from just the first phase of BROWNBACK). The Senator from Mary- done a good job. which this Congress already is retreating. land. Mr. DURBIN. Mr. President, I ask Most programs would have to be cut more than 20 percent in real terms. Without such Mr. SARBANES. Will the Senator unanimous consent for 10 additional cuts, about three-fourths of the imaginary yield? minutes. surplus in other than Social Security funds Mr. DURBIN. I am happy to yield to The PRESIDING OFFICER. Without disappears; the amount goes from $1 trillion the Senator. objection, it is so ordered. over the next 10 years to perhaps $250 billion. Mr. SARBANES. I commend the Sen- Mr. SARBANES. Mr. President, as If they set aside some money for Medicare, ator from Illinois. the Senator from Illinois pointed out, as they are bound to do, even less will be We have a marvelous opportunity at in 1993 when we enacted the President’s available for tax cuts—most likely nothing. (2) The bill when fully effective would ac- this point, having come out of this def- economic program, not one single per- tually cost much more than the projected icit box as a consequence of the fiscal son from the other side of the aisle sup- surplus. The cost is masked by the fact that policies pursued by this administra- ported that program. Not only did they so many provisions have been carefully tion, to reduce the national debt for not support the program, they made all backloaded—written to take effect only to- the first time in a great number of sorts of dire predictions of what would ward the end of the 10-year estimating pe- years. Indeed, if we maintain proper happen to the Nation’s economy. In the riod. The estimated cost of the first 10 years discipline, we can in effect eliminate debate on this floor, Members stood up of the Ways and Means Committee bill is $864 billion. The likely cost of the next 10 years the national debt for the first time and it was as though the sky was going would be three times that; one estimate puts since the first part of the 19th century. to fall in if this program was carried it at $2.8 trillion. This is a ludicrous bill, a All of that is at risk of loss, as the through. lemming-like effort to put political points Washington Post says, because of the Only a few have been willing subse- on the board whose effect would be to return ‘‘egregious recklessness of the Repub- quently to own up to the inaccuracy of the government to the destructive cycle of lican proposal’’ which goes way out to their prediction—only a few. The oth- borrow-and-spend from which it only now is the extreme. ers sort of, I guess, forget they ever painfully emerging. The economy and the I ask unanimous consent that this made the prediction. But the fact of ability of the government to function both would be harmed. editorial be printed at the end of this the matter is, the policy has worked (3) The principal beneficiaries would be discussion. extraordinarily well: Unemployment at people at the very top of the income scale. The PRESIDING OFFICER. Without a 30-year low; inflation at a 30-year The rhetoric and some of the analysis sur- objection, it is so ordered. low; we have come out of deficit and rounding the bill suggest otherwise. But here (See Exhibit 1.) into surplus. Now we have the oppor- again, backloading comes into play. Some of Mr. SARBANES. Mr. President, the tunity to move ahead in a responsible the provisions slowest to take effect are Senator from Illinois has pointed out manner, not in an egregiously reckless those that would be of greatest benefit to the very carefully, first of all, this is an ex- better-off. In the end, one analysis indicates manner, as the Washington Post points that nearly half the benefit of the bill would ploding tax cut. The cost of this tax out in this editorial. accrue to households in the top one percent cut escalates very quickly as time goes So I commend my colleague from Il- of the income distribution. by. While the projections are over the linois for his comments. This is an ex- This is a bill that would mainly benefit rel- first 10 years, in the second 10 years it tremely important decision we are atively few people at the expense of many. It virtually triples in terms of cost. about to make in terms of the future would once more strand the government— Secondly, it is premised on the prop- leave it with obligations far in excess of its course of this Nation. If we make it re- means—and in the process do serious social osition there will be about a 20-percent sponsibly, we can continue on the path as well as fiscal and economic harm. Not cut in existing programs; Head Start, of prosperity. We can continue to in- even as a political billboard that the presi- VA medical care, title I for the dis- vest in the future strength of our coun- dent can be counted upon to veto should it advantaged—all the investments we try through education, research and pass. There ought not be a tax cut. The par- need to make for the future strength of development, and developing our Na- ties ought not use imaginary money to cut a our country. The Republican appro- tion’s infrastructure, our transpor- deal at public expense. The greatest favor priations bills are zeroing out the tation, and our communication infra- that this Congress could do the country COPS program which is putting com- would be to pass the appropriations bills and structure. We can shore up the Social go home. munity police on the streets all across Security system. We can address the Mr. DURBIN. Mr. President, I thank America and bringing down the crime problems of Medicare. We can bring the Senator from Maryland who has rate. down the debt. We can even do targeted been recognized for his work with the Thirdly, it does not adequately pro- tax measures to help middle-income Budget Committee and the Joint Eco- vide for Medicare. In fact, it doesn’t people and to help improve and in- nomic Committee. He is a thoughtful provide at all for Medicare looking out crease productivity in our Nation. All analyst of our Nation’s economy. I cer- into the future. of those are possible. tainly agree with his conclusion. The real question is whether we are But things must be done in modera- I would like to make two points, going to take advantage of this oppor- tion. We cannot go to extremes, and though, that we have not raised so far, tunity to exercise a responsible fiscal the Republican proposal is an extreme to take a closer look at the tax cuts policy. Furthermore, if we start stimu- proposal. Subjected to analysis, it does proposed by the Republicans. lating the economy with a tax cut at not stand up. We must not go down The Citizens for Tax Justice have the very time that we have gotten un- that path. I commend the Senator from done an analysis of the House tax cut employment down to 4.2 percent—an Illinois for making that point so effec- proposal, and they have found that 44 unprecedented low level, the best in tively here on the floor this morning. percent of all the benefits in that tax the last 30 years—then we are going to EXHIBIT 1 cut bill will go to the wealthiest 1 per- run the risk that we will start pressure [From the Washington Post, July 20, 1999] cent of Americans. I am sure Mr. on prices, have an inflation problem, A TAX PARTY Gates, Mr. Trump, and all the others and the Federal Reserve will start rais- In part to placate party moderates whose who have done so well in this economy ing the interest rates. votes they need, House Republican leaders would love to see a tax cut. But I am In fact, at the last Open Market Com- are proposing modest cuts in the cost of the not sure they need a tax cut. mittee, the Federal Reserve raised the tax bill they are scheduled to bring to the Take a look at this. Mr. President, 60 interest rates a quarter of a point. If floor this week. But no one should be fooled percent of the Republican tax cut the Republicans controlling the Con- by this, least of all the moderates whose would benefit the wealthiest 5 percent, gress start stimulating the economy, stock in trade is that they take governing three-quarters of it to the wealthiest 20 you can assume that the Fed will take seriously. The leadership trims don’t begin percent. Whom have they left behind? up these interest rates in order to to undo the egregious recklessness of this bill. There are three main problems. Working families—working families dampen down economic activity, and (1) The surplus the sponsors are using to fi- who will see little or no tax relief as a we will be right back in the box with a nance the tax cut the bill would grant is result of this Republican plan. problem we had in terms of how to en- mostly phony. It is predicated on a willing- I think about Governor Ann Richards courage economic growth and have a ness of future Congresses to make deep of Texas who used to make comments

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8906 CONGRESSIONAL RECORD — SENATE July 21, 1999 about the other party, the Grand Old ple buying guns at gun shows are not A bill (H.R. 1555) to authorize appropria- Party, and say: They just can’t help criminals or children, trying to make tions for fiscal year 2000 for intelligence and themselves. When it comes to tax cuts, sure we do not keep importing these intelligence-related activities of the United they just can’t stay away from giving high-capacity ammunition clips of 240 States Government, the Community Man- agement Account, and the Central Intel- tax cuts to the wealthiest people in rounds of ammunition. Who needs that ligence Agency Retirement and Disability America at the expense of working for hunting or safety in their homes? System, and for other purposes. We passed it, sent it over to the Re- families, at the expense of Medicare, at Pending: the expense of paying down the na- publicans in the House, and they just tional debt, and at the expense of our beat it to pieces. There is nothing left. Kyl amendment No. 1258, to restructure Department of Energy nuclear security func- current economic prosperity. We have to get back and pass sensible tions, including the establishment of the The Republican Party is adrift, gun control—a clear difference between Agency for Nuclear Stewardship. searching for an issue. The one they Democrats and Republicans. The PRESIDING OFFICER. The Sen- think they can coalesce behind is a tax On the Patients’ Bill of Rights, we on ator from New Hampshire. cut, the one thing that brings every the Democratic side came in and said Mr. GREGG. Mr. President, I suggest wing of their party, from extreme right what is going on is scandalous; doctors the absence of a quorum. to right and everything between it, to- should make decisions, not insurance The PRESIDING OFFICER. The gether. Yet every time they do it, it companies; and insurance companies clerk will call the roll. turns out they have tipped the scales should be held accountable when they The legislative clerk proceeded to so heavily to the rich that the Amer- make the wrong decision. The Demo- call the roll. ican people say we do not want any crats stood for that position. The Re- Mr. BINGAMAN. Mr. President, I ask part of this. If this is just going to be publicans, with the exception of two unanimous consent that the order for a cheering section of people from coun- Senators, opposed us. The difference the quorum call be rescinded. try clubs who think the tax cuts are between the Democrats and Repub- The PRESIDING OFFICER. Without really going to be something for the fu- licans: We believe in the Patients’ Bill objection, it is so ordered. ture, so be it, but it is not good enough of Rights, the Republicans oppose it. Under the previous order, the Sen- for the country. When it comes to this issue, what a ator from New Mexico, Mr. BINGAMAN, Mrs. BOXER. Will the Senator yield change of hats. The Democrats are in is recognized to offer an amendment. for a very quick question? the role of fiscal conservatives. The AMENDMENT NO. 1260 TO AMENDMENT NO. 1258 Mr. DURBIN. Yes. Democrats are saying mind our own Mrs. BOXER. I have to again say business when it comes to Social Secu- (Purpose: Relating to the field reporting re- thank you to the Senator. I was look- lationships under the Agency for Nuclear rity, the future of Medicare, and retir- Stewardship) ing at some of the analysis of the Re- ing the national debt; the Republican publican tax cut, the across-the-board side says at least $1 trillion in tax cuts Mr. BINGAMAN. Mr. President, I one. It said, if you earn about $300,000 a the first 10 years, and then watch it ex- send a second-degree amendment to the year, you would get a $20,000-a-year tax plode in the outyears. desk and ask for its immediate consid- cut. I wonder if the Senator has For the American people following eration. thought about this. The tax cut, there- this debate in the Senate, they have a The PRESIDING OFFICER. The fore, for those folks who earn over choice. If you buy into the Republican clerk will report. $300,000, would be almost twice as much philosophy of runaway tax cuts and ir- The legislative clerk read as follows: money as a person working on the min- responsible spending in the future, if The Senator from New Mexico [Mr. BINGA- imum wage earns, which is approxi- you buy into the idea of standing up on MAN], for himself, Mr. DOMENICI, and Mr. mately $11,000, $12,000. Could my friend the floor of the Senate for the health REID, proposes an amendment numbered 1260 just talk about the unfairness of that insurance companies and opposing the to amendment No. 1258. situation? efforts of families and doctors and hos- Mr. BINGAMAN. Mr. President, I ask Mr. DURBIN. Mr. President, I think pitals to bring some sanity back to unanimous consent that the reading of it is fundamentally unfair. I agree with health care, if you buy into the Repub- the amendment be dispensed with. the Senator from California. Most peo- lican position supporting the National The PRESIDING OFFICER. Without ple who are in these high-net-worth sit- Rifle Association and the gun lobby, objection, it is so ordered. uations would not miss a decimal point then that is your party, that is where The amendment is as follows: in their net worth, but the Republican you should turn, and be proud of it. In section 213 of the Department of Energy tax cut plan wants to give them more But if you think there is a better Organization Act, as proposed by subsection money. Yet when we try to bring up an choice, if you think coming together (c) of the amendment, at the end of sub- issue such as increasing the minimum on a bipartisan basis for sensible gun section (k), insert the following: ‘‘Such supervision and direction of any Di- wage from $5.15 an hour, the Repub- control, for the Patients’ Bill of licans just will not accept that. So we rector or contract employee of a national se- Rights, and for a fiscally responsible curity laboratory or of a nuclear weapons are going to have that fight later this approach to our budget in the future, I production facility shall not interfere with year, I am sure, on the floor of the Sen- think that is the better way to go. communication to the Department, the ate. That is the clear choice, and politics is President, or Congress, of technical findings That gives me an opportunity to about choices. or technical assessments derived from, and summarize, if I may, my view of this I thank my colleagues from Cali- in accord with, duly authorized activities. Congress and the difference between fornia and Maryland for joining me in The Under Secretary for Nuclear Steward- ship shall have responsibility and authority the two parties. Take a look at the the morning business, and I yield the Senate over the last 2 months if you for, and may use, as appropriate field struc- remainder of my time. ture for the programs and activities of the want to know the difference between f Agency.’’. this side of the aisle, the Democratic side, and the Republican side. CONCLUSION OF MORNING Mr. BINGAMAN. Mr. President, I On the issue of gun control, sensible BUSINESS offer this amendment on behalf of my- self and my cosponsors, Senator gun control, after the shootings in The PRESIDING OFFICER. Morning DOMENICI and Senator REID. schools across America, the Democrats business is now closed. The amendment does two things. The pushed a sensible gun control plan f which attracted the support of six Re- first sentence of the amendment says: publican Senators. I salute their cour- INTELLIGENCE AUTHORIZATION Such supervision and direction of any Di- age for joining us, giving us finally ACT FOR FISCAL YEAR 2000 rector or contract employee of a national se- enough votes, as a minority, to bring The PRESIDING OFFICER. Under curity laboratory or of a nuclear weapons production facility shall not interfere with in Vice President GORE casting the tie- the previous order, the Senate will now communication to the Department, the breaking vote for sensible gun con- resume consideration of H.R. 1555, President, or Congress, of technical findings trol—trigger locks for guns that are which the clerk will report. or technical assessments derived from, and safer for kids, trying to make sure peo- The legislative clerk read as follows: in accord with, duly authorized activities.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8907 That sentence makes clear that com- The PRESIDING OFFICER. The Sen- a bill with a big vote, and we will be munication which presently occurs is ator from New Mexico, Mr. DOMENICI. able to conference it, be able to change intended to continue. The clarification Mr. DOMENICI. Mr. President, I the law, and enact good reform that is necessary because in the underlying wholeheartedly agree we ought to will keep the United States of America amendment officers and employees of adopt the amendment. I will speak for and our people safe. contractors, including the Directors one moment on it. I will not address Mr. DOMENICI addressed the Chair. and employees of the three National the first portion of it, wherein the The PRESIDING OFFICER. The Sen- Laboratories, are referred to as ‘‘per- amendment discusses the responsi- ator from New Mexico. sonnel of the Agency for Nuclear Stew- bility that rests with reference to mak- Mr. DOMENICI. It has been a pleas- ardship’’ and all personnel of the Agen- ing sure that appropriate communica- ure working with Senator BINGAMAN on cy are subject to the supervision and tions occur rather than be stymied by this and on some other amendments. I direction of the Under Secretary for the new Agency. I think that is good say to the two floor managers, it is my Nuclear Stewardship. language. I do not know that we would hope we can take the four or five re- We want to be sure if they have infor- have had anything different than that maining issues and see if we can’t get mation of a technical nature or based in the underlying bill, but this clarifies one amendment put together to see if on their technical assessment that it. I am pleased to be part of that. we can resolve them. We should have they believe should be directly commu- With reference to the second part of an answer to that for the floor man- nicated, that communication occur. the amendment, the Department of En- agers within the next half hour, 45 min- The Directors of the three nuclear ergy has been operating with field of- utes. weapons laboratories are responsible fices—some of them very successful, Having said that, let me talk about the field offices for a moment. I have for certifying the adequacy of the nu- some of them not so successful. There also been a proponent of the belief that clear weapons stockpile. Their inde- has even been a clamor over the past 5 if you can do some of the business of pendence and the integrity of their or 6 years to create more of them rath- government down close to where the judgments are critical to the national er than fewer of them. In fact, there problems are, you are better off. I be- security of the Nation. It is important have been proposals to create more lieve that such is the case with field of- that the legislation recognize and pro- field offices that this Senator person- fices. If properly run, under the appro- tect that independence and integrity ally has had to confront in the appro- priate accountability rules, wherein by ensuring that these lab Directors priations bill. everybody knows who is accountable and employees can communicate these What this says is that rather than for what, I believe they can be very technical findings and assessments to being silent in the bill with reference helpful. the Department, the President, and the to the Rudman recommendation re- Because I believe that, I think this Congress. garding field offices, this says the Dep- amendment gives the option to retain The second sentence of the amend- uty Secretary may use an appropriate them in a manner that will be helpful ment simply provides that the Under field structure for programs and activi- to the new Under Secretary as he puts Secretary for Nuclear Stewardship may ties of the agency. I think that is good. together the semiautonomous entity. use field offices for the programs and It gives them the options and it gives I think much of the activity in field activities of the Agency. This is a de- them all they need for good manage- offices has been good. The fact the en- parture from one of the recommenda- ment. What we are talking about is tire Department has made it very dif- tions of the Rudman report. The Rud- good management—field offices versus ficult to run the nuclear weapons part man report proposed streamlining the the national office. may be some of the reason the Rudman reporting chain for the Agency for Nu- So I urge the Senate to adopt this board was not thinking of field offices clear Stewardship by cutting the ties amendment. We have no objection on in a very good light. I believe it is im- between the weapons labs and the De- our side. I urge the chairman and co- perative we look at it that way—in a partment of Energy field offices. chairman of the Intel Committee to good light. We have not told them how We had a hearing in the Energy Com- concur in our recommendations. to use them. We have not told them mittee last week, and I asked Dr. Vic Mr. SHELBY addressed the Chair. what kind of role they play. We have Reis, who is the Assistant Secretary of The PRESIDING OFFICER. The Sen- said they may be used for programs Energy for Defense Programs, whether ator from Alabama. and activities of the agency. he agreed with that Rudman report Mr. SHELBY. Mr. President, I com- I yield the floor. recommendation. He said he did not. mend Senator BINGAMAN for offering Mr. REID. Mr. President, one of the He said we certainly need weapons ties this amendment. I believe it is con- most important contributions to our in the field office because ‘‘we cannot structive in nature. It is something we national security is the annual stock- run the operation entirely from Wash- believe will, at the end of the day, clar- pile report to the President and the ington.’’ ify what we are trying to do. That is Congress in which the safety, security, All we are saying is the Secretary what this legislation is all about—to and reliability of the stockpile is as- has authority to use the field offices in restructure the labs, making it harder sessed. an appropriate fashion—we are not dic- for espionage to go on at the labs. So it A very important piece of that report tating how but in an appropriate fash- is a good amendment. I urge that at is an assessment by the Directors of ion to carry out the policies of the De- the proper time we adopt it. the national security laboratories re- partment. Mr. KERREY addressed the Chair. garding the results of their technical As I understand what Dr. Reis was The PRESIDING OFFICER. The Sen- investigations. saying, the important point is to clar- ator from Nebraska. That assessment by the lab Directors ify the lines of authority between the Mr. KERREY. Mr. President, I also combines scientific and engineering Agency for Nuclear Stewardship and believe this is a good amendment. I am findings with expert professional judg- the labs. The underlying amendment going to accept it. I think it is a sign ment to form an independent evalua- does that. But he said the new Under that Senators on both sides of the aisle tion of the quality and character of the Secretary will still need field offices to understand that we have an oppor- weapon designs that make up our nu- help them oversee and run the complex tunity to do something that is long clear stockpile. of weapons laboratories and production overdue, but that there is a reason in The scientific and engineering find- facilities, and this gives the Under Sec- the past this has not been done; that is ings are derived from data developed at retary that option. to say, restructuring the agency to in- Pantex, at Oak Ridge’s Y–12 plant, at I believe this amendment is straight- crease the accountability for the work the Kansas City Plant, at the Nevada forward. My colleague on the Repub- that is being done on nuclear weapons, Test Site, and at the national security lican side, Senator DOMENICI, is the both to make certain we preserve labs, Sandia, Los Alamos, and Law- prime cosponsor of this amendment. I sound science at its best and security rence Livermore. hope it is acceptable. I believe it is ac- at its best. Experts from all of these sites com- ceptable to all Senators, and I hope the I fervently hope we continue in this bine their efforts to review and vali- Senate will adopt it. spirit, because if we do, we will produce date this information upon which the

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8908 CONGRESSIONAL RECORD — SENATE July 21, 1999 effectiveness of our stockpile is deter- The amendment (No. 1260) was agreed well as designs for a weapon that we mined. to. never produced but which we under- More experts are convened to con- Mr. KERREY. I move to reconsider stand because the Chinese have now sider the ramifications of findings and the vote. said they have; the so-called neutron the whole effort is finally integrated Mr. DOMENICI. I move to lay that bomb that they have developed; as well into a certification of the reliability, motion on the table. as some other technology dealing with the safety, and the security of the The motion to lay on the table was radar, for example, that can detect our stockpile. agreed to. submarines under the sea. It is absolutely essential that this ef- Mr. KERREY. I suggest the absence These are the most sophisticated fort be free of political or bureaucratic of a quorum. interference. technological developments of our The PRESIDING OFFICER. The country in recent years. Design infor- Scientists, engineers, and technicians clerk will call the roll. at these national security facilities are mation about these weapons has been The legislative clerk proceeded to obtained by others. So, naturally, one hired for their expertise and diligence. call the roll. They are the only experts who know of the questions is: How did it happen, Mrs. MURRAY. Mr. President, I ask and how can we prevent it from hap- the significance of their findings and unanimous consent that the order for they should remain absolutely pening in the future? the quorum call be rescinded. unimpeded in exercising their profes- The PRESIDING OFFICER (Mr. We don’t know the answer to the sional skills and judgment. UTCHINSON). Without objection, it is question of how it happened exactly, At the same time, the lab Directors H so ordered. because people involved in espionage earn their positions of trust and re- don’t come forward and say to you, sponsibility by a lifetime of out- Mrs. MURRAY. Mr. President, I ask unanimous consent to speak as in well, here is what I did. But piecing the standing technical accomplishments, information together, we have con- demonstrated skill at integrating large morning business for 10 minutes. The PRESIDING OFFICER. Without cluded that it is likely that informa- complex bodies of information, and tion was obtained from our nuclear consummate integrity in reporting objection, it is so ordered. (The remarks of Mrs. MURRAY per- weapons laboratories, and this infor- their conclusions. mation got into the wrong hands. They, too, should remain absolutely taining to the introduction of S. Res. unimpeded in the performance of their 158 are located in today’s RECORD under So part of the question of how to pre- stockpile certification responsibilities. ‘‘Statements on Introduced Bills and vent this in the future is: What do we Mr. President, in matters as impor- Joint Resolutions.’’) need to do, if anything, to ensure secu- tant as certification of our stockpile, Mrs. MURRAY. Mr. President, I sug- rity at our nuclear laboratories? the possibility of interference, or even gest the absence of a quorum. Now, it turns out that over the years just the appearance of the possibility The PRESIDING OFFICER. The there have been numerous General Ac- of interference, can affect the exercise clerk will call the roll. counting Office studies, studies by of skills and professional judgment. The legislative assistant proceeded other independent groups, and even These professionals should retain to call the roll. studies of the Department of Energy their independence from bureaucratic Mr. KYL. Mr. President, I ask unani- itself, which has jurisdiction over these or political interference. mous consent that the order for the National Laboratories, which have Unfortunately, this amendment quorum call be rescinded. highlighted the ongoing problems and takes a step that will destroy that The PRESIDING OFFICER. Without have suggested that there have to be independence by asserting that these objection, it is so ordered. changes made in the organizational civilian contractor employees ‘‘shall be Mr. KYL. Mr. President, I would like structure of the DOE if we are ever to responsible to, and subject to the su- to return to the business of today, the stop this espionage. pervision and direction of, the Sec- Intelligence Committee authorization Most recently, the President’s own retary and the Under Secretary for Nu- bill and the underlying Kyl-Domenici- Foreign Intelligence Advisory Board, clear Stewardship or his designee.’’ Murkowski amendment to that author- chaired by former Senator Warren Rud- So now there are at least three Fed- ization bill which provides for the reor- man, issued a scathing report and made eral officers, necessarily politicized by ganization of the Department of En- some very important recommendations their positions, and undoubtedly bu- ergy with a semiautonomous agency about the reorganization of the Depart- reaucratic in their origins, who can di- responsible for our nuclear weapons ment of Energy. In this report, in ef- rect these professionals in any or all programs. That is the business of the fect, the Rudman panel said to the aspects of their work. Senate since this time yesterday. That is not an environment that President that the Department of En- Americans who are watching the ac- promises assessments that are inde- ergy will tell you that it can reorga- tivities of the Senate might be a little pendent of political or bureaucratic in- nize itself. It can’t. It is the problem. confused. I would like to try to terference. straighten out some of the confusion. I Many of the bureaucrats within the Mr. President, the labs and produc- Department don’t want to reorganize tion facilities should not be inde- challenge my colleagues who have a different point of view to express that in a way that will solve these prob- pendent of Federal direction, but that lems. They want to protect their turf. direction must not be allowed to dic- if, in fact, they care to do so. Therefore, it is going to have to be up tate technical findings or their inter- We are well aware, over the last sev- to Congress to pass a new statute that pretation. eral years now, of espionage that has My concerns in this regard could be been occurring within our nuclear lab- literally reorganizes the Department of adequately addressed by adding to the oratories and other facilities in this Energy to get this done. appropriate section the following clari- country which has resulted in a signifi- Now, interestingly, just before that fication: cant number of very important secrets Presidential advisory panel made its Such supervision or direction of any Direc- of this country being obtained by oth- recommendations, Senator DOMENICI of tor or contract employee of a national secu- ers who should not have them, includ- New Mexico, in whose State two of the rity laboratory or of a nuclear weapons pro- ing, we believe, the Government of three primary weapons labs are lo- duction facility shall not interfere with com- China. This is not minor. The secrets cated, had come to the same conclu- munication to the Department, to the Presi- that have been obtained, we believe, sion, based upon a lot of these previous dent, or to the Congress, of technical find- from our nuclear laboratories include reports that I talked about, and had ac- ings or technical assessments derived from, and in accord with, duly authorized activi- the information necessary to build the tually developed an idea of how to reor- ties. most sophisticated weapons ever de- ganize the Department of Energy to Mr. KERREY. Mr. President, I urge signed by man. They include the de- provide for greater accountability and adoption of the amendment. signs for the most sophisticated weap- responsibility. He discussed those ideas The PRESIDING OFFICER. The ons in our arsenal—the seven or eight with me and with Senator MURKOWSKI, question is on agreeing to the amend- nuclear warheads the United States chairman of the Energy Committee. ment. now has on our existing weapons, as The three of us decided to introduce

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8909 legislation, which we attempted to at- pieces of it out and create the same I sometimes wonder what the Amer- tach to the Department of Defense au- kind of burdensome, multimanagement ican people think. They hear there is a thorization bill back in May, to accom- kind of structure that exists today crisis with intelligence. They hear plish this exact result. which the Rudman report criticized as there is a problem with these National At that time, for a variety of rea- being so ineffective. Laboratories. They hear there is a sug- sons, the leadership, including Senator We fear that is what some of the gestion to fix it made to the President WARNER and others, said: Don’t attach amendments which will be proposed by his own advisory board, and we have that to this bill, do it later with the in- will do. amendments to implement those rec- telligence authorization bill—which we We have been trying over the last 48 ommendations. Yet nothing happens. now have before us. For one thing, no hours literally to bring this bill before In fact, people actually object to bring- hearings have been held, and we need the Senate. We had to actually invoke ing up the bill that would begin to fix time to work out the specific language. cloture in order to begin debating the the problem. So Senators DOMENICI and MUR- intelligence authorization bill. Demo- When we finally bring it up because KOWSKI and I agreed to do that back in crats objected to the consideration of we invoked cloture, we actually made May. Since then, there have been, I be- the intelligence authorization bill. them vote on that—they all agreed to lieve, six different hearings by four dif- What does that mean? Without an in- bring it up at that point—and nobody ferent committees specifically on this telligence authorization bill, the pro- comes down to offer amendments. legislation. Senator Rudman has testi- grams for fiscal year 2000 in our intel- I urge my colleagues, even those who fied, as has Secretary Richardson, and ligence community cannot go forward. disagree with us, to come to the floor. many others, about this specific legis- Why would people object to even con- Let’s debate this. If you think you lation. sidering the bill, not voting on it, but have a legitimate point of view, let’s Since the time of our initial intro- even bringing it up when these kinds of talk it out. Reasonable people can dif- duction of the amendment, the Rud- threats to our national security exist? fer about these things. If you have an man panel made its recommendations. Why would they object to the consider- amendment, bring it to the floor so we It was so close to what Senator DOMEN- ation of the amendment for the reorga- can debate and vote on it. ICI and the rest of us had originally nization of the Department of Energy But, sooner or later, the American proposed that we conformed our legis- along the lines recommended by the people are going to reach a conclusion, lation to that recommendation so that President’s own panel of advisers, the which is that this matter is being de- we were in effect asking the Depart- concept of which has been signed off by layed. ment to be reorganized exactly along his Secretary of Energy? I find it unconscionable that anybody the lines recommended by the Presi- Why would we have this delay? Why would delay efforts to secure the Na- dent’s own advisory panel. That was now for the last 48 hours have the peo- tion’s most important secrets and to back in May. ple who want to amend our proposal delay our efforts to ensure the security A lot of time has now elapsed, obvi- not come forward to present this of our National Laboratories. That is ously—almost 2 months—while we have amendment so we can get on with this? what we are all about here. been going over this. We have been We have had this bill pending for 24 I just hope that sooner rather than meeting with Secretary Richardson. hours. People watching might say: Why later people will be willing to come We have been talking to each other have we heard speeches about every- down and work with us to bring this trying to come up with some com- thing under the Sun except the Depart- bill to a conclusion so that we can get promise language where we thought it ment of Energy reorganization? on with the important business of this was appropriate. The answer is because people who ob- country in protecting our national se- But in the meantime, we have the ject to our proposal have not come to curity. question of whether our secrets are the floor and have not been willing to I see Senator DOMENICI is on the being protected at our National Lab- offer their own amendments. floor. I know he has been working oratories. The Rudman report, and Senator DOMENICI has been laboring mightily to try to work out some lan- Senator Rudman’s testimony before at mightily in the back rooms trying to guage. I think it would be appropriate least one of these committees in the work out some language differences. now to call upon him for a report on interim, made it clear that we had not We have been willing to meet others the success of his efforts. solved the problem. The Cox report more than halfway in trying to resolve The PRESIDING OFFICER. The Sen- made the point that espionage was still differences that we could resolve. We ator from New Mexico. continuing. The Rudman report specifi- have agreed to accept a couple of Mr. DOMENICI. Mr. President, let cally said the recommendations of the amendments and make some modifica- me, first of all, congratulate and thank Secretary of Energy and the implemen- tions to language so we can work to- Senator KYL. tation of what he was doing was in ef- gether in a bipartisan fashion. But I There have been many Senators in- fect too little too late; it was not solv- have yet to hear anybody say, who has volved, including the occupant of the ing the problem; it didn’t go far proposed amendments that we have ac- Chair, who have serious concerns about enough; and we had to get on with the cepted, that they will agree with and the issue. But I believe we have a great urgent business of solving this prob- support the legislation at the end of threesome who worked together fun- lem. the day, even if we accept what they damentally from the beginning. Sen- The reason I point this out is that we have offered. ator KYL was more than willing right agreed to delay even though that delay I am not going to suggest a lack of up front when the idea evolved. When poses a risk to the people of the United good faith. But there is a matter of na- we said let’s work on it, he was most States of America; that more secrets tional security involved. Time is wast- willing to take the lead, and, frankly, will fly out the window before we get ing. knows a lot about nuclear weapons, the this thing resolved. But we agreed to I see nobody on the floor willing to safety, and the well-being of them. He hold the hearings and to try to get the debate with us or tell us where they knows a lot about the so-called acquiescence of the Secretary of En- think we are wrong or to offer amend- science-based stockpile stewardship. ergy. ments to what we are trying to pro- He has not been an advocate of doing He has now finally agreed with the pose. anything with reference to nuclear proposition that was recommended to Under the rules of the Senate, unless weapons that would diminish in any the President’s advisory panel that we they come down and do that, we are way America’s great strength in that need a semiautonomous agency. stuck. regard. I commend him and thank him We are now arguing about a lot of the We don’t want to spend all of the for it. details. But in this matter the details time just reiterating what Senators I want to comment for just about 3 matter. The details matter because it DOMENICI, MURKOWSKI, THOMPSON, BUN- minutes on the issue that he raised. is possible for the bureaucrats within NING, and myself and others have al- There have been contentions that the the Department of Energy to scuttle ready said on the floor. We could keep Department of Energy is moving in the the reform if they can take enough talking about this. right direction. In fact, I think the

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8910 CONGRESSIONAL RECORD — SENATE July 21, 1999 Secretary misspoke once when he said TAX CUTS Where is the rest of it going? We will to the Congress and to the people we Mr. DOMENICI. Mr. President, on the share in detail what we say it is going have taken care of the security prob- floor of the Senate today, yesterday in for and what the Congressional Budget lems. That is not a quote. It is just a a press conference at the White House, Office says the President’s budget is general notion of what he said. today in a press conference, and this going to be used for. It will be an inter- I noted over the weekend that the afternoon, the President of the United esting comparison. new four-star general, retired, has been States will end about 48 hours of White For those on the other side and those put in charge of security and counter- House attack on tax cut proposals that in the White House—including the Sec- intelligence. They called him the czar. Republicans have put forth. We are retary of the Treasury—who think they I note that he has indicated he is a very grateful, however, that some will have free rein making their case, year away from getting what he thinks Democrats are now espousing the same which in my opinion is extremely par- is necessary under this dysfunctional —in particular, in the Senate. The tisan, it is Democrats in the White department to be able to say we are whole idea of the attack is, we don’t House, including the Secretary of the taking care of the security issues in have enough surplus to give the Amer- Treasury, who are saying, ‘‘We are not the best possible way. ican people a tax break. for tax cuts,’’ and making every kind Why wouldn’t we hurry up and reor- I hope the American people under- of excuse in the world to avoid it. ganize? Instead of that czar spending stand the contentions made by the We will make sure that our side of all of his time trying to get a structure President, by the Secretary of the this is understood. We believe if we set up under the old system—which ev- Treasury, by those on the floor today don’t have a significant tax cut adopt- erybody says isn’t going to work, and from the other side who debated it. I ed now for the next decade, all that which says, Good luck, general, but hope they understand that this is an surplus will be spent. We can already when you are finished with all of that, attack that should be called ‘‘anything see it in plans coming from the White it isn’t going to work—we ought to get but taxes.’’ That is the philosophy of House. We can already see it in the cur- this reorganization in the hands of that those who are attacking what we are rent budget of the President extended Department, in the hands of the Presi- trying to do—anything but taxes. over a decade as estimated by the Con- dent of the United States, and say, For those who think we don’t have gressional Budget Office. Let’s get on with trying to implement. enough resources, I will take some I thank the Senate for giving me a I submit that it is going to be hard to time today, both on the floor and in little bit of time this morning. I clear- implement. other places here at the Capitol, to ex- ly did not today present our case in its totality. I want everybody to know There are many ties that are going to plain that, indeed, it is a prudent plan. there is another side to the partisan have to be broken. There are many Indeed, there are sufficient resources, antitax fever that will be coming out of parts of the Energy Department that and there are sufficient resources in the White House the next couple of are going to go down swinging in terms the broadest sense, to take care of our weeks. That is what it is. It is a fero- of them having little or nothing to say commitment to Social Security. We cious attack on anyone who wants to anymore about the nuclear weapons as- have done that. We want a lockbox, give back taxes to the American peo- pect of this. They all have parts in it. and we can’t get it passed in this Sen- ple, using all kinds of arguments, even It has made it such a bureaucratic ate. There is ample money for reform if they are totally partisan, one-sided mess that even as I look at amend- of the Medicare system to include pre- exaggerations. ments that want to ease up a little on scription drugs. We will also today let the American We won’t get as much news because the semiautonomous nature, my mind people know that the Congressional the President’s press conference will be immediately goes back to, well, if we Budget Office believes the President’s heralded everywhere. Before we are fin- open the door a little bit, we are just prescription drugs are not going to cost ished, we will have a few spokesmen going to end up in 10 or 5 years right only $48 billion in new money; their es- tell the American people what this is back where we are. timate is they could cost $118 billion— about. I wish we had an opportunity to I want to make sure everybody un- a very important difference, more than present what we are going to present derstands that we want to keep it double the amount. The point of all today to the House. I wish we could do semiautonomous where the Secretary this is the contention that we can’t it in a joint meeting to the public. The is ultimately engaged, but within that take care of the rest of government if concern that there is not enough is something similar to the FAA that we have a tax cut. money for discretionary appropriations is doing its own work on nuclear weap- I will just use a round number here. in defense is wrong. The notion that ons. I think we are close. My recollection is that the surplus is there is not enough money for Medi- However, I suggest to those Senators $3.9 trillion—people can’t even fathom care—be it the President’s $48 billion who want to discuss amendments or $3.9 trillion—over the next decade. To or the $118 billion that the CBO says a who contemplate offering amendments, put it in perspective, the entire budget plan such as the President’s would including the ranking member of the of the United States on an annual cost—is not so. Armed Services Committee, Senator basis, including Social Security pay- In these 5 minutes, that is the best I CARL LEVIN, that we hear from him ments, Medicare payments, all of the can do. I don’t have charts. They pre- soon as to what he wants to do. We appropriated accounts, is about $1.8 to pared their charts for use today and have a proposal we are discussing $1.9 trillion. Almost twice the total ex- hereafter. We will use them. Frankly, about going somewhat in his direction penditures of the Federal Government attacks on the budget resolution by but not totally. in a given year is the surplus accumu- the White House should get thrown in I am trying to see if we can minimize lating, according to the best esti- the wastebasket. If Members want to amendments and get this done quickly. mators and best economists we can put attack a budget, attack the President’s If not, I think we will just start voting. on this issue—experts at both the Of- budget and see what he did with all Some don’t want to do that. I think we fice of Management and Budget and this surplus. See what the Congres- will have to do that within the next Congressional Budget Office. sional Budget Office says he will do hour or so if we can’t put things to- I quickly penned some figures. If we with all this surplus. We know what we gether. Then I will have a couple have $3.9 trillion in surplus and we will do. We will lock up $1.9 trillion for amendments, if that is the case. I want a tax cut over a 10-year period of Social Security. That leaves a very think they are more acceptable than $782 billion, that is 20 percent of the large amount for defense, education, what I understand others are going to surplus that would be given back to the and other areas—indeed, a very signifi- offer. We will get those debated. American people by way of tax cuts cant amount for Medicare, if we choose Mr. DOMENICI. I ask unanimous and tax changes. That will make for to reform it, and a tax cut about the consent I be permitted to speak as in better economic sense in the future. size proposed in the budget resolution morning business for 5 minutes. That is a rough number. That is a approved here. The PRESIDING OFFICER. Without gross number. However, it puts it in I yield the floor, and I suggest the ab- objection, it is so ordered. perspective. We ask the question, sence of a quorum.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8911 The PRESIDING OFFICER. The Mr. LEVIN. Mr. President, it is not to Secretary Richardson for beginning clerk will call the roll. often an amendment is read in its en- the important reorganizational The legislative assistant proceeded tirety around here, even a short one. changes. to call the roll. Usually we ask unanimous consent This Congress has taken some steps to reorganize the Department of En- f that further reading of the amendment be dispensed with. I do not know how ergy. The Armed Services Committee, INTELLIGENCE AUTHORIZATION many times I have used those words on for instance, upon which our Presiding ACT FOR FISCAL YEAR 2000—Con- this floor in the last 20 years. But in Officer sits with distinction, has acted tinued this case I decided to have this amend- on our bill, which is now in conference, Mr. KYL. Mr. President, I ask unani- ment—it is fairly short—read in its en- to carry out some significant reorga- mous consent that the order for the tirety because it may sound familiar to nization of the Department of Energy. quorum call be rescinded. some people. On the House side, the Armed Serv- The PRESIDING OFFICER. Without These are Senator Rudman’s words. ices Committee did the same thing. objection, it is so ordered. This amendment incorporates some The language is different. Parts of Mr. KYL. Mr. President, I ask unani- very important parts of Senator Rud- their provision differ from ours. But the point is, there are some very im- mous consent that Senator LUGAR from man’s panel’s recommendation that are Indiana be added as a cosponsor to the left out of the pending amendment. portant things going on in terms of re- Kyl-Domenici-Murkowski amendment. That is why I wanted the entire amend- organization in the Department of En- The PRESIDING OFFICER. Without ment read. ergy, as we speak. But the Rudman objection, it is so ordered. The sponsors of this amendment have panel goes beyond that. It would put Mr. KYL. Mr. President, I will be correctly pointed out that Senator into law, for instance, things which are in an Executive order. We know how happy to defer to Senator LEVIN. He is Rudman is recommending a semi- prepared now to report on one of his autonomous agency, and that is the much more important a law is than an amendments. heart of Senator Rudman’s proposal. It Executive order because an Executive The PRESIDING OFFICER. The Sen- happens to be a proposal that I support. order, No. 1, can be changed by the ator from Michigan. But the difference between my position next President but, No. 2, can be too Mr. LEVIN. Mr. President, in the last and the sponsor’s position, relative to often ignored by the bureaucracy. We half-hour, or hour, there have been dis- Senator Rudman’s recommendations, had a recent example of that in an- cussions going on relative to Senator is that their amendment leaves out other agency where an agency just al- most totally ignored an Executive BINGAMAN’s second amendment. One of some very critical recommendations of them has already been accepted, as I the Rudman panel relative to the oper- order. We want to put into law a significant understand, in modified form. It is now ation of the Department of Energy. reorganization, and we want to—at my understanding that the managers My amendment would insert in the least I do, and I think most of my col- would just as soon proceed to my pending amendment some very impor- leagues want to—put into law a reorga- amendment while they are trying to tant recommendations of the Rudman panel the pending amendment omits. nization along the lines of the Rudman work out Senator BINGAMAN’s second We have heard a lot relative to the panel recommendation. I do not know amendment. That is fine with me. importance of the Rudman panel rec- that there is any disagreement on that, Mr. KYL. Fine. ommendations. Senator Rudman and but apparently there is a disagreement AMENDMENT NO. 1261 TO AMENDMENT NO. 1258 his panel performed an extremely im- when it comes to setting forth not just Mr. LEVIN. Mr. President, I send an portant service to this Nation in point- the provisions of the Rudman panel’s amendment to the desk and ask for its ing out the complicated bureaucratic recommendations relative to the power immediate consideration. maze that exists at the Department of of this new semiautonomous agency, The PRESIDING OFFICER. The Energy and pointing out that for 20 but when it comes to setting forth the clerk will report. years, report after report, rec- power of the Secretary of Energy rel- The legislative assistant read as fol- ommendation after recommendation to ative to directing and controlling his lows: streamline the bureaucracy the De- Department. The Senator from Michigan [Mr. LEVIN] partment of Energy have been made, What is left out in this amendment is proposes an amendment numbered 1261 to including made to the Congress, with- also important, according to the Rud- amendment No. 1258: out action being taken by the Con- man panel. This is not the Senator In section 213 of the Department of Energy from Michigan talking; this amend- Organization Act, as proposed by subsection gress. (c) of the amendment, add at the end the fol- All of us bear responsibility for that ment is the Rudman panel talking. I lowing: failure. Three administrations and 20 will go into what these provisions are (u) The Secretary shall be responsible for years of Congresses have been told in a in just one moment. developing and promulgating all Depart- number of reports there should be some I emphasize, the security breakdown mental-wide security, counterintelligence reorganization done at the Department that has existed for 20 years that was and intelligence policies, and may use his of Energy highlighted in the Cox commission re- immediate staff to assist him in developing Finally, a year and a half ago, Presi- port must be corrected. There are a and promulgating such policies. The Director dent Clinton issued a Presidential di- number of steps underway to correct of the Agency for Nuclear Stewardship is re- sponsible for implementation of the Sec- rective that reorganizes the Depart- them, but we should act. There have retary’s security, counterintelligence, and ment of Energy. That directive has been some pretty important, good-faith intelligence policies within the new agency. been mainly implemented, not yet discussions going on over the last few The Director of the Agency may establish fully apparently but mainly imple- days as to how we might be able to agency-specific policies so long as they are mented. The Rudman panel goes be- come up with a bill which can become fully consistent with the departmental poli- yond that Presidential directive but law. cies established by the Secretary. does give credit to President Clinton We can pass a bill, and if the House The PRESIDING OFFICER. The Sen- for being the first President in 20 years does not accept the bill because they ator from Michigan. to direct the reorganization of the De- think it ought to be a freestanding bill Mr. LEVIN. Mr. President, I will be partment of Energy, even though three and not on an intelligence authoriza- happy to consider a time agreement. Presidents have been told there is sig- tion bill, or because they do not think My good friend Senator KYL suggested nificant organizational problems, and it ought to be on a Department of De- we try to adopt it. It is my under- even though as early as 1990 there was fense authorization bill—and that is standing it might have been already a public statement about espionage their position in conference relative to adopted last night, so I suggest it being carried out by the People’s Re- the defense authorization bill—we can would be perhaps an hour evenly di- public of China at one of these labs. attach language here. But if we do not vided. Secretary Richardson is engaged in have a strong, healthy consensus, it The PRESIDING OFFICER. Without significant reorganization of this agen- seems to me we are in a much weaker objection, it is so ordered. cy, and the Rudman panel gave credit position in getting this law actually

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8912 CONGRESSIONAL RECORD — SENATE July 21, 1999 passed in the House and signed by the ligence, and counterintelligence, ‘‘and The amendment before us omits some President. That should be our goal. it makes sense to us,’’ that is, the Rud- critically important recommendations If we are serious about trying to man panel, ‘‘that a Secretary would of the Rudman panel, the ones I have tighten up and streamline the Depart- want advisers on his/her immediate just read and the ones that are in my ment of Energy, if we are serious about staff to assist in that vein.’’ amendment. It is that omission which, passing a law to do that, then we ought So the first sentence of our amend- it seems to me, so flaws, and unneces- to figure out a way we can come to- ment says: sarily flaws, may I say, the amendment gether, incorporate the Rudman panel The Secretary shall be responsible for de- before us. recommendations, including the ones veloping and promulgating all Depart- I do not quite fathom why it is that which are left out in this amendment mental-wide security, counterintelligence specific recommendations of the Rud- which I will try to add in a moment, so and intelligence policies, and may use his man panel, relative to what the bal- we can go to the House of Representa- immediate staff to assist him in developing ance and the relationship are, should and promulgating such policies. tives with a healthy consensus vote, a be omitted when they are important. strong vote, rather than a divided vote, It is verbatim from Senator Rud- The sponsors of the amendment will and the same message would then be man’s panel’s recommendation. no doubt say that the Secretary re- delivered to the President. Senator Rudman’s panel also says: serves the right in their amendment to The Rudman report calls for a semi- ‘‘. . . The Agency Director,’’ that is the direct and control the Department, and autonomous Agency for Nuclear Stew- new Agency, ‘‘. . . is responsible and that is true. But when it comes down ardship. I fully support that. That held accountable for ensuring complete to putting any flesh on those bones, would be an agency which will oversee and faithful implementation of the when it comes down to saying how the all nuclear-related matters in the De- Secretary’s security, counterintel- Secretary will do that—that he is able, for instance, to use his staff to promul- partment of Energy, including defense ligence and intelligence policies within gate policies, that the agency must programs and nuclear nonproliferation. the new Agency.’’ comply with the Department’s policies It would also oversee all functions of The second sentence of our amend- that apply departmentwide—when it the national security labs and the ment reads: The Director of the Agency for Nuclear comes to those things, then we have a weapons production facilities. I strong- problem with this amendment. ly support that. It would streamline Stewardship is responsible for implementa- tion of the Secretary’s security, counter- This amendment actually suggests the new Agency’s management struc- intelligence, and intelligence policies within the opposite is true from what Rudman ture by abolishing ties between the the New Agency. has suggested when it says that ‘‘The weapons labs and all DOE regional field Again, it is verbatim from the Rud- Secretary may not delegate to any De- and site offices and all contractor man panel’s memorandum of June 30. partment official the duty to supervise intermediaries. It would appoint the The Rudman panel also said on that or direct’’ but leaves out the critically Director of the new Agency by the day that ‘‘The Director of the Agency,’’ important power that Rudman would President with Senate confirmation, that is, the new Agency ‘‘may establish give the Secretary to utilize his staff and it would have effective administra- agency-specific policies so long as they to assist him in developing and promul- tion of safeguard security and counter- are fully consistent with the depart- gating departmentwide policies. intelligence at all the weapons labs and mental policies established by the Sec- So we correct this omission. The plants by creating a coherent security retary.’’ spirit of Rudman is that there be a counterintelligence structure within The third line in our amendment semiautonomous agency when it comes the new Agency. says: to spelling out how that agency would In making the recommendation for a The Director of the Agency may establish function, what the balance of powers semiautonomous agency, the Rudman agency-specific policies so long as they are and functions would be between the report cites as models similar agencies fully consistent with the departmental poli- Secretary of the Department, of which within the Department of Defense, cies established by the Secretary. this agency is a part, and the new such as the National Security Agency, It is verbatim from the Rudman Agency Director. It is at that point NSA, the Defense Advanced Research panel recommendation. that we have the omissions that Rud- Projects Agency, DARPA, and the Na- I do not think we can have it both man recommends and the omissions in tional Reconnaissance Office, the NRO. ways. The Rudman panel’s rec- this pending amendment which my Each of these three agencies is a sep- ommendations are very important. We amendment would fill in. arately organized agency run by an ad- are not obligated to adopt every one. Mr. President, I inquire how much ministrator within the Department of We are not obligated to adopt any of time this Senator has left. Defense. While the mission of each is them. But there are some of us who be- The PRESIDING OFFICER (Mr. different from the other, all three are lieve those recommendations are BURNS). The Senator from Michigan under the authority, direction, and hugely important. As always is the has 10 minutes 26 seconds. control of the Secretary of Defense; all case when you create a new agency Mr. LEVIN. I thank the Chair and re- three are subject to Department of De- within a Department, you have to fig- serve the remainder of my time. fense policies and regulations; and all ure out a balance between the power of Mr. DOMENICI addressed the Chair. three are directed by the Secretary and the new Agency and the power of the The PRESIDING OFFICER. The Sen- his deputy through an assistant. Secretary to run his Department that ator from New Mexico. Mr. DOMENICI. We have 30 minutes That is the model Senator Rudman contains that new Agency. on our side? has based his recommendation on— That is a very important balance. We The PRESIDING OFFICER. The Sen- are doing it on the Senate floor. Usu- three agencies in the Department of ator has 30 minutes exactly. Defense, separately organized, each ally that kind of a complex and rather Mr. DOMENICI. Mr. President, the having their own staff, but where the arcane effort would be made by the Senator from Illinois, Senator FITZ- Secretary and the Deputy Secretary di- Governmental Affairs Committee, but GERALD, had asked, before we knew the rect that separately organized agency in this case, for many reasons, legiti- Senator was coming up, whether he through an assistant. mate reasons, it comes to us in this could come to the floor and speak for 5 That is a very important part of that form, and we must deal with it. minutes. He got here, but the Senator model which is omitted in this bill. So But in dealing with these issues, as had started so he was cut out for an Senator Rudman and his panel, on to that balance, we have guidance. We hour. I wonder if we could have consent June 30, sent a ‘‘Memorandum of Clari- have guidance from the Rudman panel. for the Senator to speak for 5 minutes fication’’ relative to their report. One The Rudman panel says: Create a semi- and it not be counted against either of those recommendations in the state- autonomous agency. It then goes into side. ment is the following: ‘‘The Secretary detail on the functions of that semi- Mr. LEVIN. I am happy to. is still responsible,’’ under their model, autonomous agency and the power both Mr. DOMENICI. I so request. ‘‘for developing and promulgating of its director and the Secretary of En- The PRESIDING OFFICER. Without DOE-wide policy on these matters,’’ ergy. It sets them out. It lays this out objection, it is so ordered. The Senator these matters being security, intel- for us. from Illinois.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8913 Mr. FITZGERALD. I thank the the intelligence authorization bill ini- and I think we have done a good job. Chair. To the Senator from Michigan, I tially offered by Senators KYL, DOMEN- We haven’t included the sentence from thank him for allowing me to speak on ICI, and Chairman MURKOWSKI. This the letter that Senator Rudman wrote. Senator KYL’s underlying amendment. amendment would create a semi-auton- It is not necessary. The recent release of the Cox report omous agency within DOE responsible I think there is a dual standard being and the President’s Foreign Intel- for the nuclear weapons laboratories applied here. I think all of us can ap- ligence Advisory Board’s report has and their security. I ask for and en- preciate the fact that we are trying to confirmed our worst fears that lax se- courage Senators to join me and the track it as closely as we can, con- curity at our national laboratories en- other cosponsors in supporting this sistent with writing this legislation. abled the Chinese to steal some of our measure. I welcome Secretary Richard- The two primary points of objection I nation’s most guarded nuclear secrets. son’s change of mind on this issue. Al- have to the amendment are these: As a This appears to be among the most se- though he was initially opposed to such practical matter, this whole exercise is vere breaches of American security in an agency, the Secretary has joined the to do things differently within this new our Nation’s history. This issue is of bipartisan group of Senators in sup- Agency than they are done depart- particular concern to my state, Illi- porting the concept of a semi-autono- mentwide. That is the essence of the nois, as we are the home of three labs— mous agency for nuclear stewardship. President’s Foreign Intelligence Advi- Argonne National Laboratory, Fermi I hope that my colleagues will join us sory Board report. It says: You need to National Accelerator Laboratory, and in passing this legislation and imple- create a new semiautonomous agency the New Brunswick National Labora- menting this important step in sealing that doesn’t have to do things the way tory. the breach in security at our Nation’s they are done all over the rest of the But despite years of warnings, begin- weapons labs. Department of Energy. That has been ning with a detailed briefing by the De- Mr. KYL addressed the Chair. the problem—all these different people partment of Energy on the issue, the The PRESIDING OFFICER. The Sen- making rules and regulations and poli- administration did next to nothing to ator from Arizona. cies. It is impossible to protect the Na- close the breach in security at our na- Mr. KYL. Mr. President, I will take tion’s security and our foremost se- tional labs, and did next to nothing to the first few minutes and reply to Sen- crets when you have so many people, in keep suspected scientists away from ator LEVIN’s amendment, and then Sen- effect, with their finger in the pie. You classified information. Instead, the ad- ator DOMENICI will add his thoughts. need to create a very specific semi- ministration soft-pedaled the issue, en- I first note that this language was autonomous agency that has control couraged the transfer of technology to handed to us as this debate began, and over those nuclear programs, and don’t China, and even denied that any se- so it has been a little difficult to cor- apply all of the other departmentwide crets were lost to China during this ad- relate the provisions of this amend- policies, as good as they may be for the ministration. The administration’s re- ment with the provisions of our bill rest of the Department, to this new sponse to report after report of secu- and with the recommendations of the Agency. rity threats to our labs has been, ‘‘See Rudman report. I think it is fair to say Many of the departmentwide policies no evil, hear no evil, speak no evil.’’ In the following four things about this will be appropriate, but undoubtedly fact, the administration sought to un- amendment. some of them will not be. The whole dermine the truth and accuracy of re- First of all, it is not necessary. I point is to do things differently than ports of these security breaches. And haven’t really heard any explanation of they have been done in the past and to when the disastrous consequences of why we need this different language. I have the flexibility to do them dif- this policy of denial and inaction were believe that our bill, which tracks the ferently within this new Agency. exposed, the administration played a report of the President’s Foreign Intel- For example, suppose the Secretary half-hearted game of catch-up that ligence Advisory Board, allows the Sec- says to one of his staff assistants: I continues to this day. retary of Energy to create policies that want you to develop a new department- The report issued by the President’s are applicable to the entire department wide policy on polygraph tests. This Foreign Intelligence Advisory Board and that the implementation of secu- person goes out and does the research, presents a scathing and highly critical rity and counterintelligence within comes back and says: We shouldn’t account of DOE’s handling of, and re- this new Agency is the responsibility of have any polygraph tests. The Sec- sponse to, the threat posed to weapons the new Under Secretary that is re- retary of Energy says: Okay, that is labs by Chinese espionage. The report sponsible for nuclear stewardship, but our departmentwide policy. characterizes DOE as having a ‘‘dys- that the Secretary of Energy will al- Under the Levin amendment, this functional management structure and ways have the ultimate say with re- new Agency, this new semiautonomous culture,’’ unable to respond to the spect to those security and counter- Agency that is responsible for control unique challenge posed by China. Un- intelligence policies. That is what our of our nuclear secrets, wouldn’t have fortunately, DOE is in the words of the bill calls for. That is what the Rudman any choice but to implement that de- report a ‘dysfunctional bureaucracy report recommends should be done. I partmentwide policy. That is exactly that has proven it is incapable of re- don’t see any need for this different what this language says. I will read it, forming itself’’ way of saying it. Mr. President: In the coming years, the United There are also at least two problems The director of the agency may establish States may pay a terrible price for this with the language itself. I am a little agency-specific policies so long as they are dereliction of duty. China is likely to concerned because Senator LEVIN fully consistent with the departmental poli- make a great leap forward in its ability scores a debater point by saying one of cies established by the Secretary. to threaten the United States with nu- the sentences of his three-sentence No flexibility to do anything dif- clear attack, thanks to stolen Amer- amendment comes right out of a letter ferent. That is the whole point. That is ican nuclear weapon and missile tech- that Senator Rudman wrote to us. It is what the PFIAB report said: You have nology. In fact, China now admits that not the Rudman report, but it is a let- to do things differently. You cannot ex- it has neutron bomb technology. A ter that he sent to us. Since we have pect a different result if you keep doing well-known proliferator, China may been saying that our legislation tracks them the same old way. You cannot re- sell or give this advanced technology the Rudman recommendation, there- quire, for this very unique, highly tech- to Iran or Pakistan, further increasing fore, we have to accept that sentence. nical business of making nuclear weap- the spread of weapons of mass destruc- That is, of course, a dual standard. ons, the application of all the same tion and the missiles to deliver them. Senator LEVIN is perfectly willing to standards and policies that apply For our part we, as Senators, must reject parts of the PFIAB report. Under throughout the Agency. undertake the task of repairing the his analysis, then he should accept ev- The one example used frequently is system that allowed this information erything the Rudman report rec- the refrigerator standards. But there to fall into the hands of China. To this ommends as well. are so many differ examples you can end a number of my colleagues and I The truth of the matter is, we have point to. Agencywide policies may be have co-sponsored an amendment to tried to track it as closely as possible, fine agencywide, but they should not

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8914 CONGRESSIONAL RECORD — SENATE July 21, 1999 necessarily be applicable to this new tions, the PFIAB, or the Rudman re- and what he thinks seems to be wrong Agency. They may be, but they aren’t port, as we call it, says the following: with it. necessarily. That is the approach our We concur with and encourage many of Mr. KYL. Mr. President, I will re- bill takes. It says the Secretary can de- Secretary Richardson’s recent initiatives to spond on my time, and if we need more velop these agencywide policies, but address the security problem at the Depart- time, we can utilize that. the Director of this new Agency has to ment. And we are heartened by his aggres- Senator KERREY raises the exact have some flexibility to say some of sive approach and command of the issue. He right question. In many respects, we the things that apply to other parts of has recognized the organizational dysfunc- are not that far apart. I think this lan- tion and cultural vagaries at the DOE and guage creates one specific, big problem, the Department of Energy should not has taken strong, positive steps to try to re- apply here; they are not applicable, and verse the legacy of more than 20 years of se- however. In the bill, we provide the au- they may even be dangerous. curity mismanagement. thority for the Secretary to establish That it the whole point of what we Now, the contrast between what the not only departmentwide policies on are trying to accomplish. When the Rudman report says about Secretary security, counterintelligence, and amendment says the Director of the Richardson and what the Senator from other matters, but also he would have Agency for Nuclear Stewardship is re- Illinois says the Rudman report said, the residual authority to direct those sponsible for the implementation of relative to Secretary Richardson, is a issues within the new Agency itself if the Secretary’s security, counterintel- pretty sharp contrast, indeed. This is he really wanted. Mr. KERREY. Can the Senator refer ligence, and intelligence policies with- what the Rudman panel actually said: in the new Agency—and he can only de- to where that is in the bill? We concur with and encourage many of Mr. KYL. I will have my staff find vise agency-specific policies as far as Secretary Richardson’s recent initiatives to they are fully consistent with the de- address the security problems at the Depart- the pages. On page 2 of the bill, there is partmentwide policies—you are tying ment. And we are heartened by his aggres- ‘‘general authorities residual to the his hands behind his back; he is set up sive approach and command of the issues. He secretary.’’ for failure before he even starts. [Secretary Richardson] has recognized the I refer the Senator’s attention to sec- This amendment is very dangerous. organizational dysfunction and cultural va- tion 213(c): One reason it is dangerous is that the garies at the DOE, and he [Secretary Rich- The secretary shall be responsible for all language seems to track fairly closely ardson] has taken strong, positive steps to policies of the agency. elements of the report. But again, what try to reverse the legacy of more than 20 So that is the overall general policy years of security mismanagement. we are saying is the Secretary, of here. That is, of course, consistent course, can develop agencywide poli- I ask the Senator from Nebraska, the with the recommendations of the Rud- cies. Some of those will be applicable ranking Democrat, the vice chair of man report. It is what we have always to this new Agency, but they don’t nec- the committee, whether he wishes to said has to be—that ultimately the essarily have to be. That is where we speak at this time. Secretary has the authority to impose diverge. That is a critical difference Mr. KERREY. I am pleased to. his will on this new Agency in any way here. It would be impossible for this Mr. LEVIN. I gave you both titles. he should desire to do so, whether it is new Agency Director to do his job if he Mr. KERREY. Mr. President, I apolo- agency specific, or with respect to a de- were bound by this language. gize to the Senator from Arizona. I did partmentwide policy. We provide for Our whole point is to have account- not hear all the reasons for opposing that. ability and responsibility of this per- the Levin amendment because I am The problem with this amendment son. Well, I would not take the job if I afraid, in my own mind, this is getting and the problem with the last sentence were given the responsibility to protect down to a point where it seems to me— is that it would remove from the Under our Nation’s nuclear secrets and then I I said to Senator LEVIN earlier that it Secretary in charge of the nuclear pro- was told: However, you cannot estab- seems the bill gives the Secretary the gram the ability to have policies dif- lish any policy within your new Agen- right to do all these things. I don’t see ferent from general DOE-wide policies cy that is inconsistent with depart- a lot of reason to oppose this, I really because it says: mentwide policies. I would not under- don’t. The director of the agency may establish take that job because I would not be As I understand it, the Senator from agency-specific policies so long as they are able to do it the way I thought best. Arizona has a problem with the last fully consistent with the departmental poli- Mr. President, with respect for the sentence, which says, ‘‘The director of cies established by the Secretary. Senator from Michigan, I have to say the agency may establish’’—this is a I can give an example of polygraphs. this is the wrong approach and we will nuclear security agency—‘‘agency-spe- If you read the first sentence of this have to oppose this amendment. cific policies’’—that is the same auton- amendment, the Secretary may use his The PRESIDING OFFICER. Who omous objection that we have—‘‘so immediate staff to assist him in devel- yields time? long as they are fully consistent with oping these departmentwide policies. Mr. KYL. How much time do we have departmental policy established by the He asks a person not in this new on this side? secretary.’’ semiautonomous Agency to go out and The PRESIDING OFFICER. The Sen- It seems to me we want the Sec- develop a policy regarding polygraphs. ator has 22 minutes 49 seconds. Senator retary to be able to establish Depart- I am using this as a hypothetical. The LEVIN has 10 minutes. ment policies that would apply to ev- person comes back and says we Mr. KYL. I inquire, does the Senator erybody and allow the new security shouldn’t have polygraphs. That is a from Michigan want to speak next? We Agency still to be able to establish spe- departmentwide policy. And the new have more time on our side. Would he cific policies that don’t relate to the Under Secretary, in the second sen- want to address the Senate? rest of the Department. I don’t under- tence, is directed to implement the Mr. LEVIN. No. stand the Senator’s objection to that Secretary’s policies within the new Mr. KYL. Mr. President, perhaps we because it seems to me that is a rea- Agency. should suggest the absence of a sonable thing to say. How might he do that? The third sen- quorum. The trouble I am having—and I am tence: Mr. LEVIN. I misheard the Senator. trying to make certain we achieve a The director of the agency may establish Did he say there were additional speak- big bipartisan vote on this because I agency-specific policies so long as they are ers on his side? don’t want to lose the opportunity that fully consistent with the departmental poli- Mr. KYL. Yes. we have been given many times in the cies established by the Secretary. Mr. LEVIN. Senator KERREY has ex- past couple of decades, and the Senator We need to allow enough flexibility pressed a desire to speak in support of from Arizona has been pushing hard on so there can be some differences. the amendment. I will briefly yield 2 this thing. I would hate for us to fail as The whole point of the Rudman rec- minutes to myself. Regarding the com- a consequence of not being able to re- ommendation is that this new Agency ments of the Senator from Illinois solve what seems to me is not that big may have to do some things different about both the President and the Sec- a conflict. I would appreciate the Sen- from the rest of the Department. There retary relative to the Secretary’s ac- ator talking about this last sentence may be personnel policies. There may

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8915 be contracting policies. There may tor of the Agency may establish agen- authority of the Secretary to be able to even be policies of security and coun- cy-specific policies, it is obviously al- come in and say: I don’t like that. I am terintelligence that would be different ways subject to review by the Sec- not going to allow you to do it. But it in this new entity. retary—no problem. But when I say in is going to occur in an environment But even if they are different—this, I the language that they have to be con- where Congress knows it, and the peo- know, goes right to the point of the sistent with departmental policies, ob- ple understand what is going on. Senator from Nebraska—even if the viously that infers previously estab- It seems to me that is what Senator person in charge of this new semi- lished. LEVIN is trying to do, as well. autonomous Agency says, look, we Then you could have a problem. Mr. KYL. The Senator said it very have to do things differently with re- Mr. KERREY. The Senator is saying well. spect to security in our new Agency that if this language says that the Di- Obviously, the whole intention here than you do them in the rest of the De- rector of the Agency may establish is that there be a lot of things done dif- partments, the Secretary of Energy agency-specific policies—the Senator is ferently in this new Agency than would still has the ultimate say as to whether quite right; I added that. I appreciate otherwise be done within the Depart- he approves of that and agrees with very much that change being made. ment. that or not because he is ultimately in Before I get to the rest of it, let me Our problem with Senator LEVIN’s charge. say that one of the reasons I did that amendment is it not only implies but But the way this amendment is writ- was because of the experience of deal- in the last sentence actually directs ten, the new Director wouldn’t have ing with agencies or situations in the that whatever is departmentwide also any options. He has to do it consistent executive branch where somebody has has to exist in this new Agency—no ex- with the departmentwide policy. He the responsibility but lacks authority. ceptions; ‘‘fully consistent with.’’ That is just not what this whole re- has no discretion to do it differently. It is a heck of a problem to be in where form is all about. There are going to be He has to have this discretion to do it you are held accountable for some- a lot of things with a new agency that differently if he thinks it is necessary. thing, but you don’t really have the au- are going to be different. Then if the Secretary says, no, I don’t thority to do anything about it in the To the Senator’s point, as I said be- want you to, the Secretary still wins. first place. fore, I wouldn’t take the job as the new That is exactly the problem that the He is still the boss. Under Secretary in charge of this new Senator is trying to fix with this That is my answer to the Senator Agency if I took the job knowing that from Nebraska. amendment in the first place—situa- I had to begin by complying with all Mr. KERREY. I appreciate that an- tions where Secretaries have authority departmentwide policies. swer. and responsibility, but they lack the Mr. KERREY. We have comparable I am struggling. I have been in this authority. They lack the ability to ac- agencies. position before, I say to my friend from tually be able to manage. I was very much involved with the Arizona, where I hear words and they I appreciate that inclusion. The Sen- development of the new law governing mean something to me and they mean ator is saying that if the language said the IRS. We wanted that agency also to something entirely different to some- the Director of the Agency may estab- be semiautonomous. body else. I am still struggling. lish agency-specific policies subject to In that case, we created a board with It seems to me that the language of the approval of the Secretary, you have authority to evaluate the budget and ‘‘the director of the agency may estab- no problem with that? make budget recommendations to the lish agency-specific policies,’’ which is Mr. KYL. Mr. President, obviously Secretary of the Treasury, and that what the Senator from Arizona wants, that is in response to the amendment. budget has to be forwarded on. If the by the way, this amendment amends But I think that is the general idea. President wants to change it, he can section 213(a). At the end of the fol- I also add one other point. In the sec- change it. That budget gets forwarded lowing, ‘‘the secretary shall be respon- ond sentence of the amendment it pro- on to us. sible’’—OK, at the end. It has a para- vides that the Director of the Agency In addition, we made a change that graph (u) to this. for Nuclear Stewardship is responsible the Internal Revenue Commissioner Is that what the Senator from Michi- for implementation of the Secretary’s has a 5-year term allowing some con- gan just took? security counterintelligence and intel- tinuity. That is one of the problems we Is the Senator saying in his amend- ligence policies within the new Agency. had. We had lots of turnover. ment that the Secretary shall be re- I think, while that is true, since it The same problem existed with the sponsible for all policies of the Agency? follows the Secretary, the sentence FBI Director a number of years ago. I The Senator is saying the Secretary previous to it, which talks about de- don’t know who was involved in chang- still has that authority. partmentwide policies, there is an im- ing that law. We changed some inde- How is that inconsistent? I still don’t plication in the second sentence, again, pendence of the FBI Director. But in understand how that undercuts. This that he has to implement all of the de- both cases, if the Secretary of the one says: partmentwide policies without excep- Treasury decides they don’t like what The director of the agency may establish tion. the IRS Commissioner is doing, or in agency-specific policies so long as they are I think we have to make it clear that Justice’s case they don’t like what the fully consistent with the departmental poli- the second sentence is what we are FBI Director is doing, one of the things cies established by the Secretary. talking about, and the third sentence we are not talking about is they can al- Mr. KYL. Mr. President, the point is as well. ways go to the President. The Presi- as long as they are consistent with de- Mr. KERREY. Part of the problem I dent issues an Executive order; every- partmental policies established by the am having with this is it is very clear body does it. At least they are sup- Secretary. In other words, the policies in the Senator’s amendment that the posed to do it. Although, again, that is the Secretary establishes for all of the Secretary shall be responsible for all part of the problem that we are trying other Departments would control. We policies of the Agency. That is very to address—eliminating a lot of that don’t want it to. clear in the language of the amend- middle-level management and creating I might add that the language that I ment. That is why I am having dif- direct lines of authority so Executive quoted before was specifically re- ficulty understanding how this lan- orders are carried out. In this case, a quested by the Senator: The Secretary guage undercuts that, or changes that. Presidential directive was imple- shall be responsible for all policies of The Senator wants the Secretary to mented relatively slowly. Perhaps the the Agency. have the responsibility for the policies Senator from Michigan has some sug- We think that is important to clar- of the Agency. What the Senator is try- gestions. ify—that in the end he always has the ing to do is establish a sufficient Does the Senator see a substantial authority. If this language says some- amount of independence that this new difference between the language in his thing, it is not wise to try to fix that Agency for nuclear security can de- amendment that says, ‘‘the director of amendment during debate. But if the velop its own agency-specific policies. the agency may establish agency-spe- language in effect says that the Direc- It doesn’t undercut or eliminate the cific policies so long as they are fully

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8916 CONGRESSIONAL RECORD — SENATE July 21, 1999 consistent,’’ and language that says, proposing and with your intermediary meeting of the minds leading to an ‘‘the director of the agency may estab- help, that is fine with me. agreement of language. lish agency-specific policies under- Mr. KYL. Mr. President, it appears to If we can get that done, we are one standing,’’ and then reference back to me that we have achieved a meeting of step closer to getting a very large bi- section 213(c) that says the Secretary the minds—almost—and therefore the partisan vote. That sends a very impor- shall be responsible for all policies of language could be worked out. tant signal to the House. That in- the agency? If the Senator can tie it Let me restate the two concerns I creases the chances to successfully into that line, it seems that is what he have, both of which I think we would conference this in the Intelligence is trying to do. have to satisfy. In the second sentence Committee and bring it back to the full Mr. LEVIN. If the suggestion is that of the amendment, it says that the Di- Senate for approval. the Director of the Agency may estab- rector of the Agency is responsible for Mr. REID. Mr. President, I believe lish agency-specific policies which are the implementation of the Secretary’s that we are all in agreement that the different from the policies which gov- policies within the new Agency. Obvi- weapons program should remain within ern the rest of the Department with ously, that has to mean to the extent the Department of Energy, with clear the approval of the Secretary—if that that they are applicable to this new lines of authority, responsibility, and is the question, I see no difference be- Agency and not inconsistent with any accountability. tween that and the last line because at agency-specific recommendations. The sponsors of this amendment that point those agency-specific poli- If the Senator has that language fol- agree that the Secretary of Energy cies are consistent with departmental lowing the first sentence, it doesn’t must have the ultimate authority for policy. The departmental policy at mean that it means whatever the de- Department functions because he car- that point is that that Agency will be partmentwide policies are this new Di- ries the ultimate responsibility. governed by a different rule than the rector has to implement them. That is The question is how does the Sec- rest of the Department. I don’t see any not what we intend. retary exercise his authority in a way difference in terms of that concept Secondly, to the final sentence, the that allows him to meet his Cabinet- with what is already in the last line. Senator is correct, this head of this level responsibilities and still remain The last part of that discussion I am new Agency should have the ability to consistent with the restrictions in this not sure I fully follow. As far as that have agency-specific policies with re- bill. specific question is concerned, the Sen- spect to security and counterintel- The bill’s prohibition against delega- ator from Arizona is saying, as I under- ligence and virtually anything else. It tion of any supervisory or directive au- stand it, and the Senator from Ne- is always subject to the Secretary’s ap- thority over the Under Secretary for braska is responding in the following proval. Nuclear Stewardship means that only way: The Senator from Arizona says we I don’t think in this one unique situ- the Secretary may intervene in Agency want to make it possible for there to be ation we want to say that prior to the matters that may be inconsistent with an agency-specific policy that does dif- effectiveness of any policy, the head of Department policy. fer with the departmentwide policy. this new Agency has to obtain the ap- That is backwards. My answer to that is, yes, providing it proval of the Secretary. But since he The provision for non-Agency review is approved by the head of the Depart- has to report to the Secretary, the Sec- of Agency programs permits the Sec- ment, at which point it is then Depart- retary, obviously, has the ability to retary to understand the compliance ment policy that that separate agency say no. status of the Agency, but the prohibi- have a different policy than the rest of Clearly, we want this Agency to be tion against delegation requires the the Department. running not on its own but Secretary to appeal to the Under Sec- I have no problem with that. semiautonomously. If the new person retary to respond to noncompliance Mr. KERREY. If the Senator will has to go get approval from people be- findings. yield, it seems to me what we ought to fore he does things—obviously, he That is a reveal of normal manage- try to do is work this thing a little bit would have to notify the Secretary— ment flow of authority. longer and see if we can get agreement. then I think that could diminish his The Under Secretary should be the I think in the key area with the ability to operate the new entity. one making the appeal to the Sec- amendment, we have to reference back However, if the principle is agreed to retary if the Agency is found to be non- this very declarative and clear line the that there can be, and indeed should be compliant in a review. Senator from Arizona referenced, in some cases, different policies within Under the provisions of the amend- which is 213(C) that says the Secretary this new Agency than departmentwide, ment, the Secretary is likely to spend shall be responsible for all policies of and if we understand that the Sec- far too much of his valuable time en- the Agency. retary always has the ability to say no suring that the Agency is complying The Senator is shaking his head. or to say do it differently, then I will with the Department policy. Mr. LEVIN. I don’t want to read too say positively that I think we have a A simple change in the bill would ef- much into the Senator from Arizona meeting of the minds and it is simply a fectively accommodate this concern. nodding his head, but I think he is re- matter of drafting the language in a The amendment should specifically sponding positively to how I character- way to achieve that. acknowledge that the Secretary is en- ized his suggestion. I thought our bill did that. If the dowed with equivalent authority to I ask the Senator from Nebraska if Senator thinks we need to modify it meet his Department-wide responsibil- he would, perhaps, yield to me a mo- somewhat, clearly we can talk about ities; and those include the Agency for ment. it. Nuclear Stewardship. Mr. KERREY. I will yield the floor Mr. KERREY. If I can respond, the Instead of prohibiting delegation of and let the Senator have more than a Senator from Michigan has a lot of re- authority, the bill should provide di- moment. spect on this side of the aisle and I rect appeal authority for the Under Mr. LEVIN. I want to see if both con- know a lot of respect on that side of Secretary to the Secretary. cur in this. the aisle as well, not just because of I understand the reluctance of the The Director of the Agency may es- this particular issue but because of his sponsors to encourage broad delegation tablish agency-specific policies which longstanding interest in the operations of authority to non-Agency Depart- are different from the general policy of government and his understanding ment employees. for the Department with the approval of how statutes need to be written in Nevertheless, compliance reviews of of the Secretary. order to get government to function the Agency should be communicated to Those are not artfully perfect words, properly. the Under Secretary and to the Sec- but that is the concept as I understood If the goal is to produce a big bipar- retary, with the presumption that any it that the Senator from Arizona is tisan vote so we can seize this oppor- corrective actions would be imple- proposing. tunity, as the Senator from Arizona mented by the Under Secretary unless I say to my dear friend from Ne- has pressed so relentlessly to get done, he determines to appeal to the Sec- braska, if that is what the Senator is it is my hope that there could be a retary.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8917 This would encourage the Under Sec- of the weapons lab is simply unworkable ity, if he chooses, to say: I have se- retary to consider the merits of review within DOE’s current structure and culture. lected some members of the staff of the findings and consider changes before To achieve the kind of protection that these Department, we have reviewed it care- involving the Secretary. sensitive labs must have, they and their fully, and we recommend that you functions must have their own autonomous The PRESIDING OFFICER. The operational structure free of all the other ob- change something because we want you Chair informs the Senator from Ne- ligations imposed by DOE management. to be more in harmony with the De- braska all of his time has expired. partment. Actually, when you read that and There are 9 minutes 30 seconds remain- But to create a structure that is you read the letter that came some 3 or ing to the Senator from Arizona. semiautonomous and then say what- 4 weeks after the report from the Mr. KYL. Certainly, Senator DOMEN- ever policies the Secretary pronounces panel, talking about clarification, the ICI wants to speak to this issue. To the that are departmentwide are binding best you can conclude is that it is not extent we need any further discussion, on this Agency is to deny the Agency absolutely clear how we should do this. I am sure we will agree to provide the the autonomy right up front and to set I submit that when you read the clari- time for that. the presumption in the wrong place. So fications that were proposed with ref- I agree with Senator KERREY; the I hope we do not do that. I am willing erence to the issue before us, we have more bipartisan this is the better. I say to clarify it, if it needs to be clarified solved that issue in this bill. I hope the first goal is security. Frankly, I de- further, but I do not think we need this those who are thinking they can vote tect a flaw in the exact wording of this provision ripping at the autonomy at against the bill if we do not do this will amendment. If we can eliminate that the very outset, waiting around to see understand. flaw and thereby achieve bipartisan what the departmentwide rules are be- On page 2 of the bill, as said a num- consensus on this point, obviously, fore you can implement this. I just ber of times, we have made it emi- that is a twofer. It not only achieves think that is the wrong way to go. nently clear that the Secretary is the our policy objective but the political Having said that, I want to recapitu- ultimate authority; the Secretary, not objective of the bipartisan approach as late where we are going for just a mo- the new Under Secretary. We have said: well. ment. The amendments that have been Mr. KERREY. I ask unanimous con- There shall be within the department a offered so far have been offered on the separately organized agency under the direc- sent for 2 minutes to speak on this and Democrat side. Senator BINGAMAN and tion, authority and control of the Secretary. I have one we are going to offer to- to respond on our side. ... The PRESIDING OFFICER. Without gether, that we have resolved and the I do not read the rest of the sentence, objection, it is so ordered. Senate is going to accept, with ref- Mr. KERREY. Mr. President, I won- but that is what it says. Then it says, erence to work for others within the der if there is a chance, rather than at the request of the distinguished Sen- laboratory, which has been an issue of going to a motion to table, we can ator from Nebraska, Senator BOB concern. Then I understand there are a work this out. If we can work it out, it KERREY, paragraph C: couple more amendments. increases the chances of getting a big The Secretary shall be responsible for all I want to say to my friend, Senator affirmative vote on this bill, which all the policies of the agency. BINGAMAN, I know he has an amend- of us want. Then, at the request of others be- ment with reference to the environ- The Senator from Michigan sees a cause they wanted to make sure the ment. Since I have not offered an flaw in the bill and is concerned about Secretary could use other Department amendment, I am going to offer an national security and concerned about people to help him—that is, the big amendment on the environment before he offers his. I am hopeful it will clar- good science. He has a lot of experience Secretary—we said: ify the situation and he may not offer in this. The Secretary may direct other officials of I ask the Senator from Arizona if it the Department who are not within the his. But if he chooses to, we will have one on the environment, safety, and is possible we could get the two sides agency to review agency programs and make recommendations to the Secretary regarding others, so as to make it eminently to see if the meeting of the minds we the administration of such programs . . . clear we do not intend to exculpate apparently have could lead to an agree- this new Agency from any of the na- ment on specific language and accept- And then—I read the next part very tional environmental laws or the na- ance of this amendment, rather than slowly: tional laws with reference to safety. having to get a vote to table or a vote . . . including consistency with similar We never intended to. We will make it up or down on the amendment with dis- programs and activities in the Department. I read that, and other things in this clear. agreement. Beyond that, we have a little bit of Mr. KYL. We will have to defer. I am bill, to say that those who are putting time left. I, myself, am going to run advised the majority leader is con- this bill before us to straighten up the out of time to be able to be down here cerned about the amount of time and is Department and give us some security working on this, but if the Senator desirous of having a vote as soon as and counterintelligence that is reliable thinks another 10 minutes of effort to- possible. I think perhaps after Senator have, to the best of our ability, pro- gether will help—might I do it this DOMENICI has spoken, we should confer vided the Secretary and the new Agen- way? Might I ask, how much time do and attempt to resolve this very quick- cy with precisely what the Rudman board recommended. First, they want- we have left? ly along the lines the leader has re- The PRESIDING OFFICER. The Sen- ed autonomy. I read that: It should be quested. ator has 1 minute 20 seconds remain- a structure free of all other obligations The PRESIDING OFFICER. The Sen- ing. The Senator from Michigan has 52 of the DOE. Yet it goes on in the sup- ator from New Mexico. seconds remaining. Mr. DOMENICI. Mr. President, I hope plemental report, or the letter of trans- Mr. DOMENICI. I suggest the absence this issue does not in any firm manner mittal, saying here is our final inter- of a quorum. split the Senate. It seems to me that pretation of conflicts. It talks about The PRESIDING OFFICER. The need not be the case. some policies that ought to be con- clerk will call the roll. I want to read from the original Rud- sistent across the Department. The legislative clerk proceeded to man report and then I will try to put I do not believe we need to put lan- call the roll. quickly into a framework why we guage in that charges the Secretary Mr. DOMENICI. Mr. President, I ask think we have complied with what the with putting these policies that are de- unanimous consent that the order for distinguished Senator, the ranking partmentwide in place and then saying the quorum call be rescinded. member of the Department of the de- this new Agency is bound by them. I The PRESIDING OFFICER. Without fense authorization committee, Sen- think the room ought to be there for objection, it is so ordered. ator LEVIN, is concerned about. the new Agency to prepare its pro- Mr. DOMENICI. Mr. President, I ask I am reading from page 46 of the re- grams in this regard, be it on the envi- unanimous consent, if we have not port: ronment, be it on management, be it reached conclusion of this amendment, The panel is convinced that real and last- on safety, be it on whatever. The Sec- that we vote on or in reference to this ing security and counterintelligence reform retary still has the overriding author- amendment at 1 o’clock.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8918 CONGRESSIONAL RECORD — SENATE July 21, 1999 The PRESIDING OFFICER. Is there been presented. In many ways, I believe The legislative clerk proceeded to objection? that a separate agency for the nuclear call the roll. Mr. SHELBY. Mr. President, reserv- programs could be the best way to en- Mr. DOMENICI. Mr. President, I ask ing the right to object, Senator hance security, but I am a realist and unanimous consent that the order for KERREY has said he would be gone 30 know that if the amendment before us the quorum call be rescinded. minutes. I indicated to him I would re- causes such heartache, I can only The PRESIDING OFFICER. Without serve his right to get here before we imagine the reaction to a separate objection, it is so ordered. voted. That will probably be, say, 1:15. agency amendment. Mr. DOMENICI. Mr. President, Sen- Mr. DOMENICI. I modify my request Basically, the Kyl-Domenici-Mur- ator BINGAMAN is in the Chamber. I as- and make it 1:15. kowski amendment would establish a sume the Bingaman-Domenici amend- The PRESIDING OFFICER. Without separate entity, the Agency for Nu- ment with reference to work for others objection, it is so ordered. clear Stewardship, within the Depart- is available and ready; is that correct, Mr. DOMENICI. Mr. President, I sug- ment of Energy. The Agency will have I ask the Senator? gest the absence of a quorum. clear lines of authority, account- Mr. BINGAMAN. Mr. President, it is The PRESIDING OFFICER. The ability, and an independent budget. ready. We have it written up in amend- clerk will call the roll. The new Agency will be headed by an ment form. We just got it on a sheet of The legislative clerk proceeded to Under Secretary of Nuclear Steward- paper. We can easily do that and take call the roll. ship who reports directly to the Sec- another minute or two. Mr. ALLARD. Mr. President, I ask retary. The Directors of the 3 national Mr. DOMENICI. I would like to get it unanimous consent that the order for labs and the nuclear labs will report to done before this vote. the quorum call be rescinded. the Under Secretary. Mr. BINGAMAN. We will put it on The PRESIDING OFFICER. Without First, I understand the amendment the right paper and go with it. objection, it is so ordered. creates a ‘‘security czar,’’ for the lack Mr. DOMENICI. I will use the re- Mr. ALLARD. Mr. President, I ask of a better term, who will be in charge maining 10, 15, 20 seconds to say we unanimous consent to lay the pending of security for all the nuclear lab pro- have been looking through the amend- amendment aside and that I be able to grams under the Under Secretary. ments to see if we can see daylight in speak for 10 minutes on the bill. While I understand why this position dealing with the agency for nuclear The PRESIDING OFFICER. Without would be placed under the Under Sec- weapons development. I believe Sen- objection, it is so ordered. retary, I also understand how bureauc- ator CARL LEVIN has another amend- Mr. ALLARD. Mr. President, I rise in racies work and the perception they ment. We are going to submit to him strong support of the Intelligence Au- hold for their hierarchy of authority. some language on reporting, the dep- thorization Act. That is why I believe the security czar uty to the Secretary being available While we cannot discuss the details position should be placed directly of the bill, I can say that as a member for the Secretary to accomplish some under the Secretary, if for no other of the responsibilities that the Sec- of the Intelligence Committee, we have reason than to show that he is in provided the necessary funds to the in- retary has. We will get with him on charge and will be held accountable. that. Hopefully, we can work that out. telligence community to do their job. However, I have also heard the concern One matter of controversy for some Mr. LEVIN. I thank the Senator from that if this person is placed under the New Mexico. is the Kyl-Domenici-Murkowski DOE Secretary then his attention may be reorganization amendment. I strongly Mr. DOMENICI. Senator BINGAMAN diverted to the other matters outside has an environment and safety amend- support this amendment. of the nuclear programs. For this rea- In the last year, the Cox report has ment. I will have one I will offer ahead son, I hope that it will be understood of that. Perhaps it can be accepted and shown us why we need to improve the that the security czar has the author- Senator BINGAMAN can offer his after security structure at DOE, and the ity, both real and perceived, and will be it. We will work on that. It seems to President’s Foreign Intelligence Advi- solely focused on the real security con- me, other than the alleged, talked- sory Board, headed by Senator RUD- cerns of the nuclear programs but also about substitute, which I know nothing MAN, shows us the way. The Kyl with the flexibility to not be tied to about, which I assume will be ready—is amendment before us is nearly iden- nonnuclear concerns. tical to the President’s own Advisory Second, Secretary Richardson be- that correct, I ask Senator LEVIN? It Board recommendation. lieves that this amendment would only will not cause us a long delay to have The President’s Advisory Board re- divide the Department into more that available? port states that the problems at DOE fiefdoms. I do not agree with this as- Mr. LEVIN. That is correct, depend- are worse than most people could have sessment. We must break the nuclear ing on the actions of the Senate prior ever imagined. Quoting from the re- stewardship programs out of the main to that. It should not take more than port: programs of DOE. This new Agency for perhaps 10, 15 minutes to prepare after In response to these problems, the Depart- Nuclear Stewardship is too important we are done with all the amendments. ment has been the subject of a nearly unbro- and sensitive to treat it like the power Mr. DOMENICI. I suggest the absence ken history of dire warnings and attempted marketing administrations, fossil en- of a quorum. but aborted reforms...sSecond only to its ergy, or any other area of the Depart- The PRESIDING OFFICER. The world-class intellectual feats has been its ment. The reports from the last year clerk will call the roll. ability to fend off systematic change. show that we need to break the nuclear The legislative assistant proceeded I know that Secretary Richardson programs out and the approach in this to call the roll. has put forward a reorganization plan, amendment will raise the stature of Mr. LEAHY. Mr. President, I ask and I commend him for taking the ini- the programs and will improve the se- unanimous consent that the order for tiative. I have known him for some curity for our nation. the quorum call be rescinded. time and I know he is doing what he Let me end by stating that after five The PRESIDING OFFICER. Is there believes is right for the Department. internal DOE reviews, four outside objection? Without objection, it is so However, my concern is that he will studies, six GAO reports, and three ordered. not be the Secretary forever, and I am blue ribbon commissions, it is time to PRIVILEGE OF THE FLOOR worried that the Department’s ‘‘ability make these much needed changes at Mr. LEAHY. Mr. President, I ask to fend off systematic change’’ will the Department. I ask that all my col- unanimous consent Katy Lampron, of prevail once he leaves. leagues support the Kyl-Domenici-Mur- my staff, have privileges of the floor The only way to fix the security kowski amendment and the Intel- throughout today, including all votes problems are to make radical changes ligence Authorization Act. today. at the Department, as recommended in I yield back the remainder of my The PRESIDING OFFICER. Is there the DOE study headed by then chair- time. I suggest the absence of a objection? man of Motorola, Bob Galvin. quorum. Without objection, it is so ordered. The amendment before us is not the The PRESIDING OFFICER. The Mr. LEAHY. Mr. President, I suggest most ‘‘radical’’ idea which could have clerk will call the roll. the absence of a quorum.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8919 The PRESIDING OFFICER. The ible American family will undoubtedly INTELLIGENCE AUTHORIZATION clerk will call the roll. once again demonstrate to the Nation ACT FOR FISCAL YEAR 2000—Con- The legislative clerk proceeded to that they will endure, and that it is tinued call the roll. how one lives, and not how one dies, AMENDMENT NO. 1262 TO AMENDMENT NO. 1258 Mr. BYRD. Mr. President, I ask unan- that ultimately matters. Mr. BINGAMAN. Mr. President, there imous consent that the order for the John Kennedy, Jr., his wife, Carolyn, is an amendment that Senator DOMEN- quorum call be rescinded. and his sister-in-law, Lauren Bessette ICI, Senator REID, and I have agreed to, The PRESIDING OFFICER (Mr. BUN- have vanished in the summer night in which I offer at this time and ask for NING). Without objection, it is so or- the springtime of their years, and our its immediate consideration. dered. hearts go out to the Bessette and the The PRESIDING OFFICER. The Mr. BYRD. Mr. President, I have Kennedy families. I am particularly clerk will report. some rather brief remarks that will saddened for my good friend, Senator The legislative assistant read as fol- probably take me 15 minutes. Is this a TED KENNEDY. He is a great Senator. lows: time when I might speak out of order? He is a great figure on the American The Senator from New Mexico [Mr. BINGA- The PRESIDING OFFICER. The vote political stage. I know that his heart MAN], for himself, Senator DOMENICI and Sen- is scheduled to occur at 1:15. must be broken by this latest family ator REID, proposes an amendment numbered Mr. BYRD. Mr. President, if there is tragedy, yet I am confident that his ex- 1262 to amendment No. 1258. no objection, I would like to proceed. I pansive spirit and his deep faith in God Mr. BINGAMAN. Mr. President, I ask ask unanimous consent that the vote will see him safely to a harbor of peace unanimous consent that reading of the be delayed for an additional 5 minutes and of comfort. amendment be dispensed with. or whatever. My wife, Erma, and I offer our pray- The PRESIDING OFFICER. Without Mr. LOTT. Mr. President, certainly I ers and our deepest sympathies to him objection, it is so ordered. The amendment is as follows: do not object for such a reasonable re- and to the families at this saddest of quest from the Senator. But I would In section 213 of the Department of Energy sad times. Organization Act, as proposed by subsection hope there would be no further delay. TED KENNEDY, in July of 1996—3 years We had intended to vote at 12; then we (c) of the amendment, strike subsection (o) ago—presented to me a book titled and insert the following new subsection (o): were told 12:30, 12:40, 1:15, and now it is ‘‘American Poetry.’’ (o)(1) The Secretary shall ensure that 1:20. I know there is an effort being I have chosen a bit of poetry by Na- other programs of the Department, other made to work it out, and that is very thaniel Hawthorne from that book for federal agencies, and other appropriate enti- commendable, but I think we need to ties continue to use the capabilities of the the RECORD today. It seems to me that national security laboratories. have a recorded vote. I will not object, it is most appropriate for this occasion. but I plead with Senators, let’s vote at (2) The Under Secretary, under the direc- The title of this poem is ‘‘The tion, authority, and control of the Secretary, 1:20. Ocean.’’ shall, consistent with the effective discharge The PRESIDING OFFICER. Without of the Agency’s responsibilities, make the objection, it is so ordered. The Ocean has its silent caves, Deep, quiet and alone; capabilities of the national security labora- Mr. BYRD. Mr. President, I thank Though there be fury on the waves, tories available to the entities in paragraph the distinguished majority leader. Beneath them there is none. (1) in a manner that continues to provide di- I do not take the time of the Senate The awful spirits of the deep rect programmatic control by such entities. very often. I try not to impose upon Hold their communion there; Mr. BINGAMAN. Mr. President, I am other Senators or upon the Senate. But And there are those for whom we weep, very pleased that we could get agree- I noted a series of quorum calls, so I The young, the bright, the fair. ment to offer this amendment. It is a felt this might be a good time for me to Calmly the wearied seamen rest joint amendment that Senator DOMEN- speak. Beneath their own blue sea. ICI, Senator REID, and I have partici- The ocean solitudes are blest, pated in drafting. It tries to ensure f For there is purity. that our national laboratories, particu- EULOGY FOR JFK, JR. The earth has guilt, the earth has care, Unquiet are its graves; larly those that are focused on defense- Mr. BYRD. Mr. President, the small, But peaceful sleep is ever there, related activities and our nuclear serious, tousled-hair lad seemed, even Beneath the dark blue waves. weapons capability, are open to do at the tender age of 3, to know just the Mr. President, what is the scheduled other work, work for other parts of the right thing to do. With a straight back time for the vote? Department of Energy, work for other and a smart, entirely proper, military The PRESIDING OFFICER. At 1:15. agencies of the Government, and work salute, John F. Kennedy, Jr. expressed Mr. BYRD. I thank the Chair. with industry, where appropriate. the grief of an entire nation with a dig- We provide what the Secretary needs Mr. President, I am going to honor nity far beyond his years. He was only to ensure that this is the case, and that the request by the distinguished major- 3, yet he gave the Nation a lasting, the Under Secretary, working under ity leader, and I am going to yield the memorable, indelible image, an image the direction of the Secretary, shall floor now. But I will ask unanimous that is remembered by millions and make the capabilities of the national consent that immediately after the captured on videotape for generations laboratories available to these other vote, I may be recognized to make a to come. entities that want to perform work second speech, to which I had alluded Now John F. Kennedy, Jr. has, him- there, and that these entities shall be earlier, which will probably require no self, been lost at an age far too young able to do so in a manner that con- longer than 15 minutes at that time. for easy acceptance by a country which tinues to provide them with direct pro- had affectionately watched him grow The PRESIDING OFFICER. Is there grammatic control of the activities to manhood. His untimely death feels objection? Without objection, it is so they are sponsoring at the labora- as heavy and oppressive as the too hot, ordered. tories. too dry summer in which he lived his Mr. BYRD. I thank the Chair, and I Mr. President, this concern has been final days. yield the floor. for the future of civilian research and Words fail to express the special dep- Mr. DOMENICI. Mr. President, I sug- development at the DOE laboratories rivation that the human spirit feels gest the absence of a quorum. that carry out defense-related re- when the young, the beautiful, the The PRESIDING OFFICER. The search. I was concerned that the Kyl handsome, the vital among us are sud- clerk will call the roll. amendment was setting up an architec- denly taken from our midst before they The legislative assistant proceeded ture for these laboratories that well have fulfilled their potential promise. to call the roll. may make it more difficult to carry Especially, in this case, the mind reels Mr. BINGAMAN. Mr. President, I ask out civilian-related research. We don’t at the spectre of yet another Kennedy, unanimous consent that the order for want to wake up, 5 years from now, and taken too soon, yet another unbearable the quorum call be rescinded discover that this architecture dictated sorrow for this family which has had so The PRESIDING OFFICER. Without the destiny of those laboratories in un- much sorrow to bear. Yet this incred- objection, it is so ordered. fortunate ways.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8920 CONGRESSIONAL RECORD — SENATE July 21, 1999 I don’t quarrel with the notion that Mr. DOMENICI addressed the Chair. But, according to the amendment, these labs have, and should continue to The PRESIDING OFFICER. The Sen- the Director has no authority over have, nuclear weapons as a core mis- ator from New Mexico. high energy physics work that might sion. But it seems to me that the task Mr. DOMENICI. Mr. President, I ask be performed at Lawrence Livermore of science-based stockpile stewardship unanimous consent that I may proceed National Lab. cannot succeed unless these labs are for 30 seconds. According to the amendment, only fully integrated into the larger world The PRESIDING OFFICER. Without the Under Secretary for Nuclear Stew- of science and technology. objection, it is so ordered. ardship can have responsibility and au- I believe that the civilian R&D pro- Mr. DOMENICI. Mr. President, I thority for work at that lab. grams at Sandia, Los Alamos, and think this is a good amendment. I was Mr. President, I suppose that the Di- Lawrence Livermore National Labora- pleased to work with the Senator rector of the Office of Science could tories play a critical role in attracting BINGAMAN and Senator REID in getting simply ‘‘trust’’ the Under Secretary to and keeping the best people in those it developed. I thank our staff. do the ‘‘right thing’’, but that is not laboratories. By civilian R&D, I am We are very proud that the labora- the way things normally work. talking about the work funded at the tories do work for others. That means A far more likely outcome in my laboratories by DOE programs other the Department of Defense and the pri- opinion would be that the Director than the defense programs, programs vate sector; it means other agencies of would choose to assign work to a Uni- funded by other civilian agencies of the the Federal Government and work for versity or other source of skills, re- government, and technology partner- the Department in other areas besides gardless of the lost opportunity at ships with industry. nuclear. It is important, and we knew these superb weapons labs—just in There have been numerous cases it from the very beginning, that this order to retain authority over things where this civilian R&D has provided flexibility and ability to do such work for which the Director is responsible. new ideas for defense-related technical be protected to the maximum extent in In the same way that the Secretary activities. In other cases, this civilian the new configuration and manage- needs to retain authority over func- R&D has helped maintain core com- ment scheme. tions for which he is responsible, other petencies at the labs needed for their I believe we have done that. It will functionaries in the Department need defense missions. Our national secu- not detract from its principal mission, to retain authority over work for rity, in my view, would be damaged in which is the subject matter of the which they are responsible. the long run if these institutions amendment, creating a new agency There has been unanimous agreement stopped being national laboratories and within the Department, but it will as- among my colleagues on both sides of just had a weapon focus. sure that these jewels of research, the aisle as well as among the members My colleagues and co-sponsors agree which are the three nuclear deterrent of the President’s Foreign Intelligence with this assessment. It is basic to a laboratories, remain at the high level Advisory Board that no person should number of provisions of law that we they have been for many, many dec- be assigned responsibility without ap- have enacted in past Congresses, par- ades. That means it will work for oth- propriate accompanying authority. ticularly the National Competitiveness ers, thus attracting the very best sci- So I think we should be able to agree Technology Transfer Act of 1989, which entists. on this matter. I sponsored with Senator DOMENICI. We think this can be done and pro- I understand that we are very near The findings of that bill are as relevant tect intelligence and counterintel- agreement on this matter with some today, 10 years later, as they were ligence activities within the labora- differences remaining between whether when we passed that bill as part of the tories. it is the Secretary or the Under Sec- Defense Act that year. We have no objection on our side, and retary who ensures that the national Last week, before the Committee on I don’t assume there is any on the security labs remain available for ap- Energy and Natural Resources, we other side. propriate scientific work for other heard testimony from one of DOE’s Mr. BINGAMAN. Mr. President, there agencies and other parts of the Depart- most distinguished laboratory direc- is no objection here. ment. tors, Dr. Burt Richter. He’s the head of Mr. REID. Mr. President, I think we I hope we can arrive at some common a civilian DOE laboratory, but has a are all in agreement that the quality of ground on this issue. long acquaintance with the defense American science benefits from partici- It does not seem wrong to me to call side of DOE. He stated, ‘‘one has to pation by the national security labs. for the Secretary to establish policies face the fact that maintaining the And, I think all would agree that the regarding the availability of the na- credibility of a nuclear deterrent is not quality and character of our nuclear tional security labs since the Secretary the most exciting job in science these stockpile benefits from non-weapons is, according to the underlying amend- days’’, underlining the issues of at- research and development at these ment, responsible for all policies at the tracting and retaining personnel. But labs. Department of Energy. he says, ‘‘it needs some of the best peo- The national weapons labs are truly So I hope my colleagues can continue ple to do it’’. multi-program labs that apply their to work toward a bipartisan agreement He then went on to say, ‘‘The sci- skills and facilities, unmatched any- that will strengthen this legislation entists at the weapons labs have to be where in the world, to the solution of and allow it to endure. able to interact with the rest of the critical nondefense problems as well as The PRESIDING OFFICER. The scientific community, because all of defense problems. question is on agreeing to amendment the science needed for stockpile stew- I do not believe for one moment that No. 1262. Without objection, the amend- ardship is not in the weapons labs, and any of the bill’s sponsors intend to iso- ment is agreed to. the best people will not go into isola- late the weapons labs from their sci- The amendment (No. 1262) was agreed tion behind a fence in today’s world.’’ entific roots. to. He concluded by reminding us, ‘‘This is But I do believe that the amend- Mr. DOMENICI. Mr. President, I not World War II.’’ ment’s restrictive language that as- move to reconsider the vote. I think that he’s right. In creating signs direct responsibility and author- Mr. BINGAMAN. I move to lay that this new Agency, we need to make sure ity to the Under Secretary for Nuclear motion on the table. that we are not damaging one of the Stewardship for ‘‘all activities at the The motion to lay on the table was most precious assets for which the De- Department’s national security labora- agreed to. partment of Energy is the custodian. tories, and nuclear weapons production VOTE ON AMENDMENT NO. 1261 I think this is an important clarifica- facilities’’ will do just that. Mr. DOMENICI. Mr. President, I ask tion, an important provision to add to For example, the Director of the Of- for the yeas and nays on the Levin the bill. I appreciate the cooperation of fice of Science is responsible for re- amendment. my colleague in getting agreement on search in high energy physics, a topic The PRESIDING OFFICER. Is there a the amendment. I hope the Senate will of particular interest and skill at the sufficient second? There is a sufficient adopt it. weapons labs. second.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8921 The yeas and nays were ordered. ernor of West Virginia declared an Ag- impact of the drought on farmers is The PRESIDING OFFICER. The ricultural State of Emergency for West having to purchase feed for their ani- question is on agreeing to amendment Virginia. At that time, the U.S. De- mals. Under normal conditions, there No. 1261. The yeas and nays have been partment of Agriculture’s State Emer- are regions in West Virginia where ordered. gency Board for West Virginia con- farmers can grow two or three cuttings The clerk will call the roll. curred with that decision. Now farmers of hay in a year. They use this hay to The legislative assistant called the await a decision by the U.S. Depart- feed their animals. roll. ment of Agriculture that would permit Last year’s cuttings were thin, and Mr. NICKLES. I announce that the much needed federal emergency assist- this year’s have been even thinner, Senator from Idaho (Mr. CRAIG) is nec- ance funds to be dispensed. with farmers barely being able to make essarily absent. We know that here in Washington, in one cutting! So, as I mentioned earlier, Mr. REID. I announce that the Sen- northern Virginia, in the Maryland the farmers have begun to purchase ator from Massachusetts (Mr. KEN- suburbs, and on the farms nearby, the feed. This does not bode well for the NEDY) is necessarily absent. ground is dry. We can look out our win- winter, either, as farmers will have to The PRESIDING OFFICER (Mr. dows and see that where there was once rely on purchasing expensive hay and VOINOVICH). Are there any other Sen- soft green grass growing, there is now a grain brought in from outside the ators in the Chamber desiring to vote? crispy, lifeless carpet of beige. Where drought areas, or face the prospect of The result was announced—yeas 44, there is no grass, cracked, dusty earth selling off their underweight stock for nays 54, as follows: remains. I know that my tomato plants little or no profit or at a loss. Farmers [Rollcall Vote No. 215 Leg.] have needed extra watering to keep will not be able to afford to keep feed- them growing up their stakes, but YEAS—44 ing their animals in this way. West these are merely part of my backyard Virginia’s farmers fear that they may Akaka Edwards Lieberman small garden that I sow for pleasure. Baucus Feingold Lincoln lose their farms—not just lose their Bayh Feinstein Mikulski My life will not drastically change if I crop, lose their farms—if they must Biden Graham Moynihan fail to bring in a tomato crop. That is wait until next spring to receive U.S. Bingaman Harkin Murray not true for those whose livelihood de- Department of Agriculture assistance, Boxer Hollings Reed Breaux Inouye pends upon it. which is how long it would take for the Reid Close your eyes and take a moment Bryan Johnson Robb funds we appropriate to reach them if Byrd Kerrey Rockefeller to imagine this: you have been looking appropriations are completed on time, Cleland Kerry Sarbanes to the sky for two months praying that Conrad Kohl as I hope they will be. West Virginia Schumer Daschle Landrieu the clouds will release a downpour, but farmers need Federal assistance now. Dodd Lautenberg Torricelli no drops fall. Your corn plants that And the same can be said for Mary- Dorgan Leahy Wellstone should be up to your shoulder by the Wyden land farmers and Virginia farmers and Durbin Levin fourth of July in a normal season, re- others. Nearly $2.9 million in Federal NAYS—54 main below your knees. They are short emergency aid for energy assistance Abraham Frist McConnell stems shriveling slowly on acres and was released through the Department Allard Gorton Murkowski acres of parched land. You have moved of Housing and Urban Development Ashcroft Gramm Nickles Bennett Grams Roberts your herd to your last pasture. In a Low Income Home Energy Assistance Bond Grassley Roth short period of time the animals have Program on Monday, July 12. Hopefully Brownback Gregg Santorum grazed it over so thoroughly that noth- our farmers who have been having a Bunning Hagel Sessions ing remains but unpalatable dried-out difficult time keeping their animals Burns Hatch Shelby Campbell Helms Smith (NH) grass stubble. Your pastures have been cool will be allowed a portion of these Chafee Hutchinson Smith (OR) grazed over so thoroughly that you are funds. However, this is a tiny drop of Cochran Hutchison Snowe now, during the middle of the summer, water in a very empty State bucket Collins Inhofe Specter Coverdell Jeffords Stevens when lengthy pasture grasses should where it is estimated that the drought Crapo Kyl Thomas blow in the gentle summer breeze, and has caused $50 million in damages. DeWine Lott Thompson naturally produced resources should be Regulations allow farmers to become Domenici Lugar Thurmond plentiful, feeding your animals with eligible for emergency assistance when Enzi Mack Voinovich Fitzgerald McCain Warner purchased hay and grain as though it they have suffered at least a 30-percent were the desolate season of winter. loss of normal production in a single NOT VOTING—2 Even though they are being fed enough enterprise. In West Virginia, which is Craig Kennedy to gain weight, the extreme heat is not a large State and certainly not a The amendment (No. 1261) was re- causing them so much stress that they large farming State, according to the jected. are losing weight. It is impossible to most recent statistics available, which Mr. SPECTER. I move to reconsider keep them cool and comfortable. The were calculated in the middle of June, the vote and I move to lay that motion pond on your farm that you use as a in all but 3 counties 40 to 50 percent of on the table. source of water for your animals is grass hay production has been lost for The motion to lay on the table was slowly, slowly becoming a puddle. The this year. It has been lost. In 17 West agreed to. stream that runs through the far end of Virginia counties, 35 percent of corn The PRESIDING OFFICER. The Sen- your property first became a muddy production has already been lost—al- ator from West Virginia is recognized trickle, but now is becoming dusty and ready been lost; 40 percent of tobacco for 15 minutes. cracked. When you turn on the tap, try has been lost; 50 percent of pasture—50 f to flush your commode, or bathe, no percent of pasture has been lost. A water flows. You instead must travel dozen other counties have experienced ONLY A DRIZZLE IN AN EMPTY every day to a truck parked in the mid- at least a 10- to 20-percent loss of corn, BUCKET dle of your town to get a couple of gal- tobacco, and tobacco crops; a 30- to 50- Mr. BYRD. Mr. President, farmers lons of water for you and your family percent loss of pasture; and a 20- to 40- across America are experiencing hard to drink. Even if it rains today or to- percent loss of their truck crops, such times. This year, the difficulties of morrow, you begin to wonder if it will as apples and peaches, grown for table farmers in the northeast and central- make any difference to you. You have consumption. Twenty-three other Atlantic regions of America have been fallen on hard times before as an Appa- counties have lost 10- to 30-percent of made worse by a serious lack of rain- lachian farmer. Times are often lean in their alfalfa hay, 40- to 50-percent of fall for many, many weeks. that region. Now, in desperation, you their pasture, 10- to 30-percent of their West Virginia’s farmers have been es- begin to think about what you could do corn, and 25- to 30-percent of other pecially hard hit by the drought of if you were not a family farmer. grains. 1999. No significant rainfall has This is a very real situation for the So I remind those listening and those drenched the scorched earth in my farmers in West Virginia and in many who are watching through the elec- State since May 15. On May 28 the Gov- areas of the country. The most serious tronic cameras that these statistics are

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8922 CONGRESSIONAL RECORD — SENATE July 21, 1999 from the middle of June. Now, weeks The assistant legislative clerk pro- spotlight whenever he could, trying to later, after a continued period of ceeded to call the roll. become part of the society in which we scorching temperatures, and arid con- Mr. LAUTENBERG. Mr. President, I all live. ditions, it is expected that a statistical ask unanimous consent that the order His early death will prevent what all report that will be generated later this for the quorum call be rescinded. of us believe was so much talent and so week will show significant losses oc- The PRESIDING OFFICER (Mr. much future. Any of us who have curring in every one of the 55 counties CRAPO). Without objection, it is so or- worked with TED KENNEDY—and I have of the great State of West Virginia. dered. now for 16 years—only gains respect The Federal Government has estab- Mr. LAUTENBERG. Mr. President, I the longer we know Senator KENNEDY. lished mechanisms that are intended to ask unanimous consent that I be per- His accomplishments are legendary, aid Americans in times of crisis. How- mitted to speak for up to 6 minutes as but his commitment to people—rich, ever, when these mechanisms are slow in morning business. poor, those who have needed help—is to work, difficulties have a tendency to The PRESIDING OFFICER. Without without reservation. We have seen an grow, and greater assistance becomes objection, it is so ordered. energized Senator KENNEDY over at his necessary. As we have often heard, f desk, stating the causes and cases he is concerned about. And to see them, the ‘‘One stitch, in time, saves nine.’’ In RESPECT AND ADMIRATION FOR whole Kennedy family, put into the the case of farmers, if nothing is done, THE KENNEDY FAMILY and the farmer is forced to abandon the grief can only be imagined by those land that he has worked, it is likely Mr. LAUTENBERG. Mr. President, I who have their family intact without that this land will not be reclaimed want to take a few minutes to talk the trail of misfortune that has fol- next year or the year after as a family about the events that have weighed so lowed the Kennedy family. farm. A farm is not a machine that can heavily on all of us. Whether one So I just came in, for the RECORD, to be shut down temporarily until some- knows Senator KENNEDY well or cas- make some comments to register my one is ready to work on it again or con- ually through contact in the Senate, feelings, as I know so many others ditions make it profitable. Farming is, one cannot but have respect and admi- have, of grief for the families of John by its very nature, a cyclical industry ration for the contribution the Ken- F. Kennedy, Jr., his wife, and his sis- that every now and then needs the sup- nedy family has made to our public ter-in-law, the Kennedys and the port of the Federal Government. well-being for so many years. That is Bessettes. America can never afford to not help why I am sure others share the same We hope his life will inspire us to its farmers. Now is the time to help feeling of grief as I do, and others who give whatever we can by way of service farmers and I speak particularly of know the Kennedy family well, at the to our country, to recognize the advan- West Virginia farmers, of course. If we loss of John F. Kennedy, Jr. tages we have as citizens of the United fail to help them now, they will not be When the news came—and I was on States, not to be discouraged by this able to survive. Farmers are losing out my way to Martha’s Vineyard—that untimely tragedy but, rather, to be on every side of their industry. Prices the young Mr. Kennedy’s airplane was motivated to try to do better. have been, and continue to be, low, the missing, we all, I am sure, had the Mr. President, I hope we will reserve weather is slowing or eliminating crop same reaction—let’s pray that it is not appropriate time, collectively, to ac- production, crop insurance payback is true, that there is some information knowledge our share of feelings for the so low that it may not even cover that will come out that will prove to be Kennedy family and the grief they are costs, and springs and farm ponds are worry-unfounded. Unfortunately, our going through. drying up. There are no resources left worst fears were realized. This day, ap- I yield the floor and suggest the ab- from which to draw. parently, the discovery has been made sence of a quorum. Farmers have always been an essen- that confirms the death of John F. The PRESIDING OFFICER. The tial part of the fabric that makes Kennedy, Jr., 38 years of age. clerk will call the roll. America great. ‘‘God made the country One of the remarkable things we saw The legislative clerk proceeded to but man made the town.’’ And from the in this young man was the way he call the roll. Mr. DOMENICI. Mr. President, I ask country is where America gets much or treated his position in life, coming unanimous consent that the order for most of its sustenance—not just Amer- from a famous family, with all of the the quorum call be rescinded. ica but also the world, many nations in celebrity status one could imagine, The PRESIDING OFFICER (Mr. BUN- the world. from a family that has seen tragedy NING). Without objection, it is so or- We cannot forget these farmers. We after tragedy after tragedy. dered. cannot forget them now like a child I had an opportunity, a year ago forgets a once-treasured security blan- Christmas week, to sit with Michael f ket that has become worn and he has Kennedy and his young sons on the INTELLIGENCE AUTHORIZATION now outgrown. Therefore, I am urging morning of the day he perished on the ACT FOR FISCAL YEAR 2000—Con- that West Virginia be granted Federal ski slopes below. We actually skied to- tinued gether for a while in the morning. I vis- disaster area status so that farmers Mr. DOMENICI. Mr. President, I ask ited with his brother that night to see will receive immediate Federal assist- unanimous consent that the junior if I could be of any help to the family ance that will enable them to continue Senator from Missouri, Mr. ASHCROFT, in managing the affairs they had to put to work their land and raise their ani- be made an original cosponsor of the in order. It was very sad. mals. Kyl amendment. When John F. Kennedy, Jr.’s life was I have talked with the Secretary of The PRESIDING OFFICER. Without just really beginning to flourish, it is Agriculture, Mr. Glickman, and he has objection, it is so ordered. indicated that as soon as he is supplied hard to understand what it was that Mr. DOMENICI. I thank the Chair. with the sufficient data from the State, took this young man so full of life. The I suggest the absence of a quorum. adequate and careful and prompt con- imagery of John F. Kennedy, Jr., was The PRESIDING OFFICER. The sideration will be given. But I have to the same imagery that we had, in a clerk will call the roll. say that time waits for no one and the way, of John F. Kennedy, Sr., Presi- The legislative clerk proceeded to clock waits for no one and the farmers’ dent of the United States—attractive, call the roll. problems cannot wait. We must have intelligent, concerned about the well- Mr. DOMENICI. Mr. President, I ask help. We need it and the sooner the bet- being of our country, trying always to unanimous consent that the order for ter. lift the opportunity and the spirits of the quorum call be rescinded. Mr. President, I thank the Senate those who in America depended so The PRESIDING OFFICER. Without and I yield the floor. much on government and individual objection, it is so ordered. Mr. DOMENICI. Mr. President, I sug- leadership. John F. Kennedy, Jr., Mr. DOMENICI. Mr. President, I note gest the absence of a quorum. evoked the same imagery—of this at- the presence on the floor of my col- The PRESIDING OFFICER. The tractive young man, of this bright, in- league, Senator BINGAMAN. I will short- clerk will call the roll. telligent, caring person, eschewing the ly send an amendment to the desk on

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8923 behalf of myself, Senator BINGAMAN, safety nature, it needed to be solved. I to accept en bloc, as is the ranking Senator LEVIN, Senator LIEBERMAN, think we covered that. member, as I understand. and Senator REID. I am pleased Senator BINGAMAN had They are, first of all, a sense of the Let me suggest, first, that this has others join in this amendment. I think Senate, which says: been worked out during very serious we will agree to it by voice vote short- It is the sense of Congress that the system- discussions, and I think it turned out ly. atic declassification of records of permanent to be a very good amendment. I yield to Senator BINGAMAN. historic value is in the public interest and Senator BINGAMAN has played a vital The PRESIDING OFFICER (Mr. that the management of classification and declassification by the Executive Branch role in it. He has been concerned and CRAPO). The Senator from New Mexico. wants to make sure that it is emi- Mr. BINGAMAN. I thank my col- agencies requires comprehensive reform and additional resources. nently clear that this new semi- league, Senator DOMENICI, for yielding. autonomous Agency complied with the I thank him for his willingness to ac- The second measure, in regard to applicable environmental, safety and commodate despite the concerns he that last phrase, the Information Secu- health rules, and laws. just described. rity Oversight Office, which is charged I will read quickly a couple of sen- Of course, all of us have intended with administering this Nation’s intel- tences of the amendment and yield to from the very beginning that all envi- ligence classification and declassifica- tion, would receive an additional $1.5 my friend, Senator BINGAMAN, and see ronmental laws be complied with. My if we can agree. We have no objection concern has been that the Secretary, million to hire more staff so it can on our side. I don’t believe he has any who is ultimately responsible for the more efficiently manage the program. on his side. entire Department and for the conduct They are in the National Archives. The This is section (u), in the underlying of the entire Department, Secretary Archives asked for $5 million. They did Kyl-Domenici-Murkowski amendment. have the wherewithal and the legal au- not get it. This is a small agency. It It says: thority to be sure that all of these en- does indispensable work. It gives you a The Agency for Nuclear Stewardship shall vironmental, safety, and health re- continuous series of the amount of comply with all applicable environmental, quirements be met. classification we do and the degree of safety, and health statutes and substantive I believe this amendment adequately classification and the agencies that do requirements. The Under Secretary for Nu- meets that concern. I think it is a com- it. clear Stewardship shall develop procedures promise between a provision I earlier Mr. SHELBY. Mr. President, have for meeting such requirements. Nothing in the amendments been sent down? drafted and one that Senator DOMENICI this section shall diminish the authority of The PRESIDING OFFICER. Will the drafted. I think it is a good resolution the Secretary to ascertain and ensure that Senator send the amendments to the of this issue. I think it does clarify for such compliance occurs. desk. all Senators what we intend in this re- AMENDMENT NO. 1263 TO AMENDMENT NO. 1258 Mr. MOYNIHAN. I am sorry. Forgive gard. Mr. DOMENICI. Mr. President, I send me. the amendment to the desk. I am very pleased to cosponsor it. I The PRESIDING OFFICER. The The PRESIDING OFFICER. The urge all my colleagues to vote for it. clerk will report the amendments. clerk will report. The PRESIDING OFFICER. The Sen- The assistant legislative clerk read The legislative clerk read as follows: ator from Alabama. as follows: Mr. SHELBY. Mr. President I will The Senator from New Mexico (Mr. DOMEN- The Senator from New York [Mr. MOY- take just a minute and commend the ICI), for himself, Mr. BINGAMAN, Mr. LEVIN, NIHAN] proposes amendments numbered 1264 Mr. LIEBERMAN, and Mr. REID, proposes an Senator from New Mexico, Mr. DOMEN- and 1265, en bloc. amendment numbered 1263 to amendment ICI, and also the junior Senator from The amendments (Nos. 1264 and 1265) No. 1258. New Mexico, Mr. BINGAMAN, for their are as follows: Mr. DOMENICI. Mr. President, I ask work in bringing this about. I think unanimous consent that reading of the what they have done is drafted a good AMENDMENT NO. 1264 amendment be dispensed with. amendment. I have no problem with it, On page 5 strike lines 7–12, and insert the following: The PRESIDING OFFICER. Without and I am sure Senator KERREY doesn’t. I urge adoption of the amendment. SEC. 104. INTELLIGENCE COMMUNITY MANAGE- objection, it is so ordered. MENT ACCOUNT. The PRESIDING OFFICER. The The amendment is as follows: (a) AUTHORIZATION OF APPROPRIATIONS.— In section 213 of the Department of Energy question is on agreeing to the amend- There is authorized to be appropriated for Organization Act, as proposed by subsection ment. the Intelligence Community Management (c) of the amendment, add at the end of the The amendment (No. 1263) was agreed Account of the Director of Central Intel- section the following new subsection: to. ligence for fiscal year 2000 the sum of ‘‘(u) The Agency for Nuclear Stewardship Mr. DOMENICI. I move to reconsider $193,572,000. The Information Security Over- shall comply with all applicable environ- the vote. sight Office, charged with administering this mental, safety, and health statutes and sub- Mr. SHELBY. I move to lay that mo- nation’s intelligence classification and de- stantive requirements. The Under Secretary tion on the table. classification programs shall receive $1.5 for Nuclear Stewardship shall develop proce- million of these funds to allow it to hire dures for meeting such requirements. Noth- The motion to lay on the table was more staff so that it can more efficiently ing in this section shall diminish the author- agreed to. manage these programs. ity of the Secretary to ascertain and ensure Mr. DOMENICI. I suggest the absence that such compliance occurs.’’. of a quorum. AMENDMENT NO. 1265 It has always been the intention that The PRESIDING OFFICER. The After section 308 insert the following new this new, semiautonomous agency be clerk will call the roll. section: subject to applicable environmental, The legislative clerk proceeded to SEC. 309. SENSE OF THE CONGRESS ON CLASSI- safety, and health rules. The question call the roll. FICATION AND DECLASSIFICATION It is the sense of Congress that the system- we had was to make sure the new agen- Mr. MOYNIHAN. Mr. President, I ask unanimous consent that the order for atic declassification of records of permanent cy could go about developing their en- historic value is in the public interest and vironmental safety and health rules. the quorum call be rescinded. that the management of classification and On the other hand, there was concern The PRESIDING OFFICER. Without declassification by Executive Branch agen- that they be bound by the applicable objection, it is so ordered. cies requires comprehensive reform and addi- laws and rules. I think this amendment Mr. MOYNIHAN. Mr. President, I ask tional resources. does that. unanimous consent that the pending The PRESIDING OFFICER. The Sen- Then Senator BINGAMAN raised the amendment be set aside. ator from Alabama. question which we have just made very The PRESIDING OFFICER. Without Mr. SHELBY. Mr. President, I com- clear. I thought it was in the statute. objection, it is so ordered. mend the distinguished senior Senator He raised the question about the Sec- AMENDMENTS NOS. 1264 AND 1265, EN BLOC from New York for offering these retary making sure there was compli- Mr. MOYNIHAN. Mr. President, I amendments. They make sense to me. ance. As he put it, if something unto- have two amendments that I believe We have reviewed them. I think Sen- ward happened of an environmental or the distinguished chairman is prepared ator KERREY has reviewed them.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8924 CONGRESSIONAL RECORD — SENATE July 21, 1999 I also commend the senior Senator There is no more important work for for the year. The proposed time agree- from New York for his past work, not this institution than passing campaign ment would have us do that. only in the Senate but specifically on finance reform. Despite our good ef- If it takes an all-out battle to keep the Intelligence Committee, where he forts in 1974, following the debacle of campaign finance reform on the front spent a lot of time—a lot of hours, and Watergate, to limit the influence of burner of this Congress, I believe we a lot of years—and understands what money in our political system, we are should be prepared to wage such a bat- we are going through—and what we currently operating without effective tle. Opponents say they are prepared to need to do. Hopefully, this is one of limits. We have a law that sets out rea- wage such a battle in opposition. Sup- those little steps. sonable limits at $1,000 for individuals, porters surely feel just as passionately Mr. KERREY addressed the Chair. $5,000 for PACs, and $25,000 to a na- in support of this bill as opponents do The PRESIDING OFFICER. The Sen- tional party. But those limits are eas- in opposition. ator from Nebraska. ily evaded by the unlimited contribu- Another term of the agreement with Mr. KERREY. Mr. President, like tions of soft money. We have, in effect, respect to the consideration of amend- Chairman SHELBY, I fully support these no limits today. ments is also unacceptable to me. The two amendments and am enthusiastic The 1974 Federal Election Campaign proposed agreement says: as well for the efforts the senior Sen- Act has, in effect, been repealed. To re- If an amendment is not tabled, it will be in ator, Mr. MOYNIHAN, has made in the turn our elections to issues and people order to lay aside such amendment for two area of secrecy over the years. and away from money, we must pass calendar days. I made a point earlier, when we were campaign finance reform. Since the The unusual provision allowing an talking about secrecy, that sometimes time agreement is critical to deter- amendment which the Senate has secrecy does equal security. We have to mining how and when we take up cam- failed to table to be laid aside for 2 have secrecy in order to maintain secu- paign finance reform, and perhaps its days puts in question whether such rity. But there are times when secrecy ultimate success, I wanted to be sure amendments will be voted on after actually makes it harder for us to that I understood what the agreement they are not tabled prior to the cloture achieve security. It can make us less contained. I objected initially on the vote. I am afraid this provision would secure. basis of needing time to review the cause more mischief than facilitate se- I retold the story in the Senator’s agreement. Having read the agreement, book on the Venona project when Omar rious consideration of key campaign fi- I do continue my objection to the origi- nance issues. Bradley made the decision not to in- nal unanimous consent proposal, be- form the President of the United I objected—and do object—to the cause I believe the agreement is inad- unanimous consent agreement which States about Klaus Fuchs and others. equate for the necessary consideration As a consequence of believing the was proposed yesterday. But I am, of of campaign finance reform. course, willing to work with colleagues President didn’t have a need to know, I am well aware of the opponents’ de- he kept the secret. I think, as a con- to try to address the concerns that I sire to filibuster the McCain-Feingold have. sequence, there was less security for bill, a bill which is supported by a ma- the Nation. Again, I want to emphasize that I am jority of the Members of the Senate. speaking as one Senator who was asked I appreciate and fully agree with the The opponents have every right to do chairman. These amendments are good to participate in a unanimous consent that, and I respect that right. But sup- agreement. The proponents, the spon- amendments and should be adopted. I porters of campaign finance reform appreciate and applaud and am grateful sors of the bill, of course, with the have every right not to back down in leadership, have every right to work for the leadership of the Senator from the face of a filibuster. New York on this issue of secrecy. out any arrangement they see fit. The unanimous consent agreement But to ask unanimous consent from Mr. SHELBY. Mr. President, I urge proposed that each of us agree that the adoption of the amendments. this Senator to agree to proceeding in The PRESIDING OFFICER. Without McCain-Feingold proposal be with- this form is something to which I ob- objection, the amendments are agreed drawn if we do not get 60 votes on the jected, and do object, as a Senator. to. first try to close off a filibuster. But as I thank the Chair. The amendments (Nos. 1264 and 1265) long as we have a majority of the Mem- I note the absence of a quorum. were agreed to. bers of the Senate supporting passage The PRESIDING OFFICER. The Mr. SHELBY. Mr. President, I move of campaign finance reform, we should clerk will call the roll. to reconsider the vote. be able to defeat efforts to withdraw The legislative assistant proceeded Mr. KERREY. I move to lay that mo- the McCain-Feingold bill from Senate to call the roll. tion on the table. consideration. Opponents can fili- Mr. KERREY. Mr. President, I ask The motion to lay on the table was buster, but supporters don’t have to unanimous consent that the order for agreed to. agree in advance to withdraw in the the quorum call be rescinded. Mr. SHELBY. Mr. President, I sug- face of that filibuster. The PRESIDING OFFICER. Without gest the absence of a quorum. The unanimous consent agreement, objection, it is so ordered. The PRESIDING OFFICER. The however, would require supporters to clerk will call the roll. agree to withdraw if we don’t achieve, f The assistant legislative clerk pro- on the first try, the 60 votes necessary ceeded to call the roll. to close off the filibuster. Mr. LEVIN. Mr. President, I ask The unanimous consent agreement INTELLIGENCE AUTHORIZATION unanimous consent that the order for said that not sooner than the third cal- ACT FOR FISCAL YEAR 2000—Con- the quorum call be rescinded. endar day of consideration a cloture tinued The PRESIDING OFFICER. Without motion may be filed on the McCain- AMENDMENTS NOS. 1266 AND 1267 TO AMENDMENT objection, it is so ordered. Feingold bill, and if cloture is not in- NO. 1258, EN BLOC Mr. LEVIN. Mr. President, I ask voked, the bill will be placed back on Mr. KERREY. Mr. President, I send unanimous consent that I may be able the calendar. It then said that it will two amendments to the desk—one on to proceed as in morning business for not be in order during the remainder of behalf of myself for Senator SHELBY, up to 5 minutes. and the other for Senator FEINSTEIN. The PRESIDING OFFICER. Without the first session of the 106th Congress The PRESIDING OFFICER. The objection, it is so ordered. for the Senate to consider issues rel- evant to campaign reform. This agree- clerk will report. f ment would lock the Senate into rely- The legislative assistant read as fol- CAMPAIGN FINANCE REFORM ing on the one cloture vote to deter- lows: Mr. LEVIN. Mr. President, yesterday, mine whether the fight for campaign fi- The Senator from Nebraska (Mr. KERREY) a unanimous consent request was pro- nance reform, this year, lives or dies. for Mr. SHELBY and Mrs. FEINSTEIN, proposes pounded with respect to the Senate’s I cannot agree with that proposal. If amendments numbered 1266 and 1267 to consideration of campaign finance re- we can’t at first get 60 votes to close Amendment No. 1258, en bloc. form legislation. I objected to the re- off the filibuster, I can’t agree to put- Mr. KERREY. Mr. President, I ask quest and I want to explain to my col- ting the McCain-Feingold bill back on unanimous consent that reading of the leagues why I did so. the calendar and just calling it quits amendments be dispensed with.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8925 The PRESIDING OFFICER. Without security, counterintelligence and intel- Department when he is absent and, in- objection, it is so ordered. ligence policies within the Agency for Nu- deed, to effectively be his alter ego. The amendments en bloc are as fol- clear Stewardship. To be useful to the Secretary and lows: I think that is basically the previous perform his job, the Deputy Secretary AMENDMENT NO. 1266 TO AMENDMENT NO. 1258 language. must be involved fully in every facet of Following section (213)(t) add the following The one change is really in the third the business of the Department. This new subsection to section 213 as added by the sentence, which is now with this amendment will allow the Deputy Sec- Kyl amendment: amendment: retary to carry out that very impor- ‘‘(u) The Secretary shall be responsible for The Under Secretary for Nuclear Steward- tant function. developing and promulgating Departmental ship may establish agency-specific policies The bill will now have that change, security, counterintelligence and intel- unless disapproved by the Secretary. ligence policies, and may use his immediate that the Secretary may not delegate to staff to assist him in developing and promul- That was the intention of the third any departmental official other than gating such policies. The Under Secretary sentence in effect. Senator KYL the deputy the duty to service or direct for Nuclear Stewardship is responsible for thought it was an important change the Under Secretary for Nuclear Stew- implementation of all security, counterintel- and would clarify a point. We accept ardship. ligence and intelligence policies within the that. This is a very important change. I Agency for Nuclear Stewardship. The Under We thank Senator KYL, as well as our thank the managers for their support Secretary for Nuclear Stewardship may es- other colleague, Senator DOMENICI, and of this change. I believe it has broad tablish agency-specific policies unless dis- others who have worked on this lan- approved by the Secretary.’’. support. I hope it will pass. guage. This language is fully accept- The organizational chart contained AMENDMENT NO. 1267 TO AMENDMENT NO. 1258 able to me, because it does indeed in the Rudman panel report, which On page 6, line 13 following the word ‘‘re- carry out the language for the most graphically displays the panel’s rec- port’’ insert: ‘‘, consistent with their con- part in the spirit, in toto, of the pre- ommendation to create a new sepa- tractual obligations,’’. vious amendment. rately organized Agency for Nuclear Mr. KERREY. Mr. President, these I thank our colleagues. Stewardship, includes the Deputy Sec- two amendments have been agreed to Mr. KERREY. I didn’t hear every- retary in the same box as the Sec- on both sides. thing the distinguished Senator said. retary. The amendment before the Sen- The first one was the agreed-upon He read, I think, an earlier draft. I ate today, however, is silent with re- amendment between Senator LEVIN don’t think he meant to. The word spect to the duties and responsibilities and Senator KYL. We took my language ‘‘all’’ in the first sentence had been of the Deputy Secretary. and the language of Senator SHELBY stricken. The absence of any reference to the and merged them. There is agreement Mr. LEVIN. The draft given to me Deputy Secretary of Energy could be on both sides. I think this and the re- had that in it, and I read it, but it was simply an oversight. But given the lan- porting requirements of Senator FEIN- stricken in the actual amendment sent guage in the underlying amendment STEIN are excellent additions to the to the desk. that prohibits all others in the Depart- bill. I thank the Senator for that correc- ment of Energy, except the Secretary, The PRESIDING OFFICER. The Sen- tion. from supervising or directing the new ator from Alabama. I suggest the absence of a quorum. Agency or its staff, I believe the role of Mr. SHELBY. Mr. President, I concur The PRESIDING OFFICER. The the Deputy should be clearly spelled with Senator KERREY. clerk will call the roll. out. I commend Senators LEVIN, KYL, The legislative assistant proceeded Each of the separately organized DOMENICI, MURKOWSKI, and others who to call the roll. agencies of the Department of Defense, brought about the progress on the bill. Mr. LEVIN. Mr. President, I ask sited as organizational models by Sen- I urge adoption of the amendments unanimous consent that the order for ators Rudman’s panel, relies heavily on en bloc. the quorum call be rescinded. the involvement of the Deputy Sec- The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. SES- retary of Defense. Indeed, the Deputy objection, the amendments are agreed SIONS). Without objection, it is so or- Secretary of Defense has a full delega- to en bloc. dered. tion of responsibility from the Sec- The amendments (Nos. 1266 and 1267) AMENDMENT NO. 1268 TO AMENDMENT NO. 1258 retary of Defense to act for the Sec- were agreed to. (Purpose: To provide for the delegation to retary. Mr. SHELBY. Mr. President, I move the Deputy Secretary of Energy of author- This amendment removes the poten- to reconsider the vote. ity to supervise and direct the Under Sec- tial for confusion about the role of the retary of Energy for Nuclear Stewardship) Mr. KERREY. I move to lay that mo- Deputy Secretary of Energy and is con- Mr. LEVIN. Mr. President, I send an tion on the table. sistent with the organizational charts The motion to lay on the table was amendment to the desk and ask for its contained in the Rudman panel report agreed to. immediate consideration. that describe the organization of the Mr. LEVIN. Mr. President, I extend The PRESIDING OFFICER. The new Agency for Nuclear Stewardship. my appreciation to the managers, the clerk will report. Mr. KERREY. Mr. President, I think good Senators, who have worked very The legislative assistant read as fol- it is a good amendment. I believe the hard to adopt this language. lows: amendment has been cleared by Sen- This implements the heart of the The Senator from Michigan [Mr. LEVIN] ator DOMENICI as well. I don’t think amendment which I previously offered. proposes an amendment numbered 1268 to there is any problem with this amend- I want to read it so that people who are amendment No. 1258. following this debate—it is very In the fourth sentence of section 213(c) of ment at all. I think it is a good amend- short—can understand why this is im- the Department of Energy Organization Act, ment and a good improvement in the portant. as proposed by subsection (c) of the amend- bill. The amendment reads: ment, insert after ‘‘to any Department offi- Mr. SHELBY. Mr. President, I agree cial’’ the following: ‘‘other than the Deputy with the Senator from Nebraska. This The Secretary shall be responsible for de- Secretary’’. veloping and promulgating Departmental se- is an agreed-on amendment. A lot of curity, counterintelligence and intelligence Mr. LEVIN. Mr. President, this work has gone into it. I commend the policies, and may use his immediate staff to amendment makes it possible for the Senator from Michigan, the Senator assist him in developing and promulgating Secretary of Energy to fully utilize his from Arizona, and also the Senator such policies. Deputy Secretary. The Deputy Sec- from New Mexico in fashioning this With one minute change, that is the retary of Energy, as with the Deputy with their staff. same sentence which was previously in Secretary of Defense, is the No. 2 per- I urge adoption of the amendment. my amendment. son in the Department. The Secretary The PRESIDING OFFICER. The The next sentence is: of Energy simply must be allowed to question is on the amendment. The Under Secretary for Nuclear Steward- rely on his deputy to serve in his ab- The amendment (No. 1268) was agreed ship is responsible for implementation of all sence, to help with the running of the to.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8926 CONGRESSIONAL RECORD — SENATE July 21, 1999 Mr. SHELBY. I move to reconsider Fourth, there are certain restrictions business is the Kyl amendment. Since the vote. on how the head of the new Agency that is me, I thought I should explain Mr. KERREY. I move to lay that mo- submits reports to Congress, which I we are about ready to bring this to a tion on the table. believe run afoul of the separation of conclusion, I think a very successful The motion to lay on the table was powers doctrine. conclusion. In fact, the bipartisanship agreed to. Fifth, there are still too many re- we were seeking to attain earlier in the Mr. SHELBY. Mr. President, I sug- strictions on the Secretary’s authority day, in fact, will be attained with re- gest the absence of a quorum. to control and direct the Agency. spect to the adoption of the Kyl The PRESIDING OFFICER. The Sixth, there are provisions which es- amendment. clerk will call the roll. tablish new relationships between the I will back up a little bit and reca- The legislative assistant proceeded Department of Energy contractors and pitulate where we are. The underlying to call the roll. Federal employees of the Department. bill is the intelligence authorization Mr. LEVIN. Mr. President, I ask Those relationships may violate the bill. There will be a little bit of busi- unanimous consent that the order for current operating contracts for DOE ness to transact on that after the adop- the quorum call be rescinded. facilities. More important, these new tion of the Kyl amendment. Then the The PRESIDING OFFICER. Without relationships may make these con- intelligence authorization bill can be objection, it is so ordered. tractor employees Federal employees approved by the Senate and we can Mr. LEVIN. Mr. President, the for certain purposes, such as the Fed- move on to other business. amendments which we have just adopt- eral Authority Claims Act, the Federal In the meantime, the Kyl amendment ed improve the underlying provision. Drivers Act, and the Federal ethics is the pending amendment. That is the Nevertheless, there are some important statutes. amendment cosponsored by Senator concerns that were raised, and I want These are a few of the statutes that DOMENICI, Senator MURKOWSKI, and a to take a moment to address them and could be interpreted as being applica- host of others, that will reform the De- speak to the hope they be addressed in ble to contractor employees, raising partment of Energy so it will be less conference. Let me go through some of new issues of liability and responsibil- likely in the future that there will be these concerns. ities. I believe the implications of nuclear secrets walking out the door of First, section (k) of the amendment these should be and must be fully un- our National Laboratories. That is an prohibits anybody in the Department derstood before we finally adopt a law oversimplification, but that is the es- except for the Secretary and Deputy in this area, a reorganization of this sence of what we are trying to do. Secretary from providing supervision Department, and a conference report The reorganization involves the cre- or direction to the Agency for Nuclear which contains any such implications ation of a semiautonomous agency Stewardship. or changes. within the Department. We basically That could prohibit certain specific These issues and others should be ad- have followed the recommendations of statutory authorities found in other dressed in conference on this provision. the President’s Foreign Intelligence laws from being implemented. For in- I wanted to highlight them now for our Advisory Board in establishing that stance, the Chief Financial Officers Act colleagues. We have made some new Agency. established some very specific authori- progress on this underlying amend- There have been some amendments ties and duties for chief financial offi- ment, on the amendment which I think dealing with details of this reorganiza- cers. They must direct all aspects of a reflects the determination of most of tion that have been worked out be- department’s fiscal policy. us that we do create this semi- tween representatives of the Demo- Second, the same is true for the In- autonomous agency. That represents, I cratic side and supporters of our spector Generals Act. The inspector believe, almost the consensus view of amendment. general has independent investigatory the Senate—pretty close to it—that we With respect to the most perplexing authority over the entire Department have a semiautonomous agency. But of the difficulties, a matter on which of Energy, including the new Agency. there are a lot of subquestions to that an earlier vote was held, where the This authority includes the authority issue. Just creating a semiautonomous Levin amendment was defeated, we to direct and conduct investigations agency does not resolve the myriad of have gone back and rewritten the lan- unimpeded. To conduct the investiga- questions that exist in that process. guage of the bill and the Levin amend- tions, the inspector general has, by Some of them have now been resolved. ment and combined the two in a way in law, full access to everyone in the de- I thank my colleagues for their work which we think both sides think we can partment. with me on that. make the legislation work. There have Those two important pieces of law, Senator BINGAMAN has had some very been some other concessions, as well, existing legislation, are key tools in important amendments which have to Members on the Democratic side in avoiding waste, fraud, and abuse. I do been adopted as well. The Kyl amend- order to achieve a broad bipartisan not believe that we can nor should nor ment is a better amendment now that consensus for this legislation. perhaps even intend in this amend- those amendments of ours have been I am pleased to report that there is ment, this underlying amendment, to added to it. But, again, there are many an agreement, A, to bring this Kyl modify them. But it is unclear and I remaining questions and doubts which, amendment to a vote very soon, so I hope it will be clarified in conference hopefully, the conferees will resolve. I think Members should expect that in so we do not impede the operation of wanted to bring some of those to the the very near term we will be able to those laws by this language. attention of our colleague at this time. have a final vote on it; and, B, that it Third, the method of appointing cer- Mr. President, I suggest the absence will have the concurrence of many, if tain employees of the new Agency, in of a quorum. not most, of the Members on the other my judgment, violates the appoint- The PRESIDING OFFICER. The side of the aisle, as well as the Repub- ments clause of the Constitution. For clerk will call the roll. lican side of the aisle. That is because instance, in section 213 (j)(1), the The legislative clerk proceeded to of the concessions that have been made amendment says that ‘‘the Under Sec- call the roll. in this intervening time. retary shall, with the approval of the Mr. KYL. Mr. President, I ask unani- So my hope is, if there is anyone else Secretary and Director of the Federal mous consent that the order for the who wishes to discuss any aspect of the Bureau of Investigation, designate the quorum call be rescinded. Kyl amendment, or to raise any ques- chief of Counterintelligence. . . .’’ That The PRESIDING OFFICER. Without tions about it, or about the other responsibility, making an appoint- objection, it is so ordered. amendments that have been offered ment, is, under the appointments Mr. KYL. Mr. President, I want to re- and to one degree or another worked clause, restricted to the Secretary or port on the status, as I understand, of out in the interim, that they would the President of the United States. I do where we are on the Kyl amendment. come and do that now because in just a not think we can delegate that author- When you turn on your television set matter of a few minutes we are going ity by statute to this new Agency Di- and see what is happening in the Sen- to propound a request to get on with rector. ate Chamber, you see that the pending the vote and then be able to move on.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8927 I know that is the leader’s desire, and pens in the way of security breaches at cannot begin in anticipation of the fact we would like to be able to do that. our National Labs. that this will be the law. No one has to If there isn’t anybody at this point The Rudman report made it very wait until September or whatever date who wants to weigh in, let me add one clear that under the existing organiza- we might actually be able to get the other point about the reason why the tion of the Department of Energy, we President’s signature on this law. This Senate is acting on this important could not guarantee that. There were Secretary of Energy has a great oppor- matter. At the end of the day, for the too many people that had too much in- tunity; as the person who came into of- Nation, there is nothing more impor- fluence over things, and, in effect, fice about the time all of these revela- tant than our national security. We in everybody’s responsibility became no- tions were made public and who him- the Senate and the House and the body’s responsibility. As a result, that self began to make some changes in a President understand that probably recommendation was: We have to reor- positive way, he is in a unique position our first obligation is to protect the ganize the Department; and it cannot now to take advantage of the reorga- American people. reorganize itself. nization that we will present to him One of the stable elements of the Congress needs to pass a statute that and actually institute the changes so peace that has prevailed over the last provides for that reorganization. That that his successor, a year and a half many decades has been the nuclear is why we brought forth the Kyl- from now, whoever that might be, pre- stockpile of the United States, the fact Domenici-Murkowski amendment. sumably will have in place a very well- that we have nuclear weapons that pro- That is why I am very proud of the fact functioning Department of Energy vide a deterrent to any attack by an that soon the Senate is going to vote with a semiautonomous agency in aggressor that would threaten the to approve that amendment. By put- charge of our nuclear weapons pro- homeland of the United States. ting it on the intelligence authoriza- grams. It is a horrible thing to ever con- tion bill, we will enable it to become That is something this Secretary will template using those weapons, but it is the law of the land and enable the De- have the opportunity to do. But it is a undeniable that the threat of nuclear partment of Energy to be reorganized real challenge for him. If he is able to retaliation has enabled us to have a pe- with this semiautonomous agency hav- accomplish that, he will certainly have riod of peace literally since World War ing jurisdiction over the nuclear pro- earned his place in history. Meanwhile, grams, including the National Labora- II with our major adversaries. it is up to us to earn our place in his- It is important that the stability the tories. tory by adopting this legislation and That will be a very big step. No one world has seen because of the creation moving the process forward. should rest easy that this is the end of of those weapons not be disrupted by I am very hopeful we will not see any the issue, that we do not have to worry additional delays now. There have been other nations acquiring the same weap- about spying, that this will stop the es- some in the past. I had complained ons. Obviously, that could unbalance pionage or the release of secrets that about that earlier in the day. I am this stability that has been created other people should not have. But at hopeful we will not see any additional over time because of the U.S. posses- least it is one thing we can do, and we delays, that we will move this legisla- sion of those weapons. believe it will have a significant im- tion forward, get it signed into law, We now know that the design infor- pact in at least this one area. and get it implemented. If we do that, mation for all of the nuclear warheads I guess one of the things many of us we will be proud of the fact that we that are currently in our useful arsenal were saying was: If we can’t do this have helped the security of the people are in the hands of people who could now, after all of this time, then we of the United States of America. cause us harm if they were able to think it is fairly clear we can’t protect Mr. President, I will soon propound a build weapons from that data, from the national security of the United request with respect to a vote on my those plans. That is a very distressing States. amendment. I will check with a couple fact. I am not saying this is easy. But if other people before I do that. But, There are ways that we can hope to we cannot accomplish this reorganiza- again, I think Members should expect prevent the development of those weap- tion, then, frankly, we are not up to that pretty soon we will be having a ons. It is going to require us to be very the task. That is why I am so glad we vote on this amendment. careful about what we sell to other are going to be able to effect this reor- Mr. CRAIG. Mr. President, I rise to countries and what we permit by way ganization. After we pass this bill, I am engage in a colloquy with my colleague of technology transfer because it is very hopeful that our friends in the from New Mexico, Senator DOMENICI, still difficult to build a nuclear weapon House will be willing to work with us. regarding an issue associated with the even if you have the designs. You have If they have additional ideas, obvi- implementation of the Kyl, Domenici, to have the materials; you have to ously, we want to work with them. But Murkowski amendment. This amend- have the computing capacity and the we need to send to the President a bill ment creates a new semi-autonomous machining capacity, and all the rest of that he can sign. After all, his own ad- Agency for Nuclear Stewardship within it. visory board made the recommenda- the Department of Energy by col- So there may still be some ability on tions we are attempting to follow. lecting together various national secu- our part to have control over our own If I am correct that what we have rity programs and nuclear weapons lab- destiny. There is no question we have done has resulted in a broad bipartisan oratories and facilities into a new now been put at risk because of the consensus, we will be able to make it agency. My state of Idaho hosts two theft of these secrets. The National clear to the executive branch of the Department of Energy laboratories— Laboratories, which are responsible for Government that it is the will of the the Idaho National Engineering and developing those nuclear weapons, have Congress—not just one party, the ma- Environmental Laboratory and Ar- begun to embark upon a very impor- jority party of the Congress—and that gonne National Laboratory West. Since tant project called the Stockpile Stew- should enable us to also then gain the these laboratories do not meet the defi- ardship Program in which we will at- support from the Secretary of Energy, nition of nuclear weapons laboratories, tempt to be able to certify the safety who has acknowledged that he supports they are not included in the amend- and reliability of our nuclear stockpile the basic concept of a semiautonomous ment, but I want to raise for my col- through computing which will simulate agency but had some disagreements leagues some of the complexities of im- nuclear testing. with us about specifics. By making plementing this new organizational If that program is compromised, it some changes that go some distance to- structure. would, in effect, be the compromise of ward meeting his objections, I hope we As I said, the laboratories in my everything we have, not just the design will not only have the support of both state are not included in the proposal information but also our analysis of Democrats and Republicans in the Con- for the new agency but it is important how all these things work. gress but also the Secretary of Energy to understand that Idaho’s laboratories If we cannot protect that, we cannot because we have to get about this are making significant contributions protect our national security. That is quickly. to national security. Just as my col- one of the reasons why it is important There is no reason, after the Senate leagues from New Mexico have men- for us to ensure that nothing else hap- acts today, hopefully, that the process tioned earlier in this debate, that we

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8928 CONGRESSIONAL RECORD — SENATE July 21, 1999 must do nothing to impede the contin- clear fuel is sent to Idaho for examina- within industry, and within govern- ued contribution of the weapons lab- tion and storage pending its permanent ment have come to incorporate envi- oratories to the critical civilian mis- disposition. Although Idaho’s facilities ronment and health concerns more sions of the Department of Energy, I are not included in the new agency, I fully into both policy and practice. And want to emphasize and confirm my col- am assured that the many ways in I have no reason to believe that there league’s agreement that the non-weap- which Idaho’s laboratories contribute would be any intentional disregard for ons laboratories shall continue to con- to our national security will continue environmental and health concerns if tribute and have their capabilities under this new organizational struc- the those functions were put under the made available to the national security ture. supervision of the Agency for Nuclear programs of the Department of Energy. Mr. LIEBERMAN. Mr. President, I Stewardship. However, given the poten- To clarify this point, I would like to rise today in support of Mr. DOMENICI’s tial magnitude of problems that could use a specific example from the Idaho amendment to the Department of En- be caused even by simple, honest mis- National Engineering and Environ- ergy reorganization amendment. I have takes, the best course of action is to be mental Laboratory. The Advanced Test been a strong supporter of the need to prudent. I therefore support the Reactor, or ATR, in Idaho is the only reorganize the defense labs in order to Domenici amendment because it allows world-class test reactor left in the improve security and I applaud the the Secretary of the Department of En- United States. I do not state this as a sponsors of the reorganization amend- ergy to ensure compliance with all en- boast, but as a fact. The ATR has a ment that we will be considering. It is vironmental, safety and health require- vital role in both improving the oper- of overriding importance that we take ments, while protecting the security of ation of the nuclear Navy and sup- all necessary actions to protect our na- the weapons labs. I am pleased that we porting our nation’s future nuclear en- tional security. were able to work out this issue as part ergy research and development endeav- However, as I have considered the of the restructuring proposal. ors. In addition, this important facility very serious need to address security Ms. COLLINS. Mr. President, I rise has the potential to attract significant threats, I have also been listening today as a cosponsor to the Kyl/ international interest and investment. closely to the debate about how envi- Domenici/Murkowski amendment re- I am concerned that this amendment, ronment, safety, and health protec- quiring reorganization of the Depart- which moves the Naval Reactors pro- tions can best be incorporated into the ment of Energy. gram from under the umbrella of DOE’s Department of Energy’s operations as Over the past several months, I have nuclear research and development pro- they relate to the weapons labs. been deeply troubled by the revelations gram to the new agency, will also reas- The legacy of the Atomic Energy regarding the efforts made by the Peo- sign responsibility for this reactor. Commission and the Department of En- ple’s Republic of China to acquire our Reassigning the responsibility for ergy regarding environmental protec- most sensitive technology. The report this reactor to the new agency would tion is not a proud one. Since the first of the House Select Committee re- be harmful from two perspectives. days of the Atomic Energy Commission vealed that design information has First, our Naval Reactors program is a over 40 years ago, weapons production been stolen on all of the nuclear war- user of this facility but should not be programs and facilities emphasized heads that the United States currently burdened with its operation and main- production and too often neglected en- has deployed. Among the material sto- tenance. Second, moving responsibility vironmental safety. By the 1980s, the len by China was design information on for this reactor out of the nuclear re- history of mismanagement caught up the W–88, the most sophisticated nu- search and development program could with the Agency, when 17 major plants clear weapon the U.S. has ever built. inadvertently endanger its use by the in 13 states, employing 80,000 people We use the W–88 on the sixth-genera- U.S. civilian and international re- were brought to a standstill because of tion ballistic missiles carried aboard search community. Since this latter a series of accidents and leaks. Over our nuclear submarine fleet. use is growing and very important to 10,000 individual sites have been docu- With this information, the PRC has our future civilian nuclear research ac- mented where toxic or radioactive sub- rapidly assimilated stolen nuclear se- tivities, could I ask my colleague from stances were improperly abandoned or crets into its own weapons systems and New Mexico to confirm that it is not released into soil, groundwater, or sur- advanced their nuclear program by ap- the intent of this amendment to move face waters. ‘‘Tiger Teams’’ of trained proximately forty years. Not only am I responsibility for the Advanced Test investigators were sent to plants to en- deeply concerned about these incidents Reactor when moving the Naval Reac- sure compliance with environmental of espionage, I am even more disturbed tors program to the new agency? and safety requirements. The Agency by the lackadaisical response by the Mr. DOMENICI. In responding, let me and the public have paid for the cost of Clinton Administration. After learning first confirm for my friend from Idaho this mismanagement: the price tag of about the theft of information in 1995, that it is not the intent of this amend- past mistakes is now at about $250 bil- the Administration failed to undertake ment to shift or reassign responsibility lion dollars, or $6 billion a year. Clear- a serious reassessment of our intel- for Idaho’s Advanced Test Reactor to ly we have to learn from the past as we ligence community. When questioned a the new Agency for Nuclear Steward- think about how to deal with environ- few months ago about the Department ship. Let me further acknowledge the ment and safety in the future. of Energy’s security structure, Sec- larger issue that my colleague has Based on the Rudman report, there is retary Bill Richardson commented, raised, by stating that under the new a strong case made for treating envi- ‘‘whoever figured it out must’ve been Departmental structure created by the ronment and safety issues separately. smoking dope or drunk.’’ What a sober- Kyl, Domenici, Murkowski amendment Our former colleague Warren Rudman ing assessment, indeed, of the state of the Secretary of Energy should con- himself has said that environment and security at our nuclear weapons lab- tinue to ensure that the capabilities, health issues ‘‘ought to stay where oratories. In fact, only after the espio- skills and unique expertise of all of the they ought to stay, with the Secretary nage accounts hit the news media ear- Department’s laboratories are made . . . because I know what we all went lier this year did the President take available to the national security pro- through back during the 1980s.’’ GAO any action to reevaluate the security grams of DOE. In this way, the bene- has testified on numerous occasions of our weapons labs. ficial collaboration between defense that independent oversight is critical In March, the President requested and non-defense sectors of the Depart- to ensuring adequate protection of that the President’s Foreign Intel- ment—a collaboration that has been health and safety. They have said ex- ligence Advisory Board (PFIAB) under- taking place over the entire history of plicitly that this oversight needs to en- take an inquiry and issue a report on DOE—will continue under the new compass on-site reviews of compliance the security threat at the Department structure. with environmental and safety laws. of Energy’s weapons labs. This review, Mr. CRAIG. I thank my colleague for Much has changed since the time chaired by the former Senator Warren that clarification and assurance. The that rampant disregard for environ- B. Rudman, found that the Department Naval Reactors program has a proud mental protections at the labs was dis- of Energy is responsible for the worst history in Idaho. All spent naval nu- covered. Over time, we as a society, security record that the members of

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8929 the advisory board had ever encoun- At the appropriate place in the bill, insert cording to the DOE promulgated stand- tered. The Department devoted far too the following: ards. With respect to those fines that little time, attention, and resources to SEC. ll. TERMINATION OF EXEMPTION OF CER- would be imposed upon a contractor TAIN CONTRACTORS AND OTHER EN- the responsibilities of security and TITIES FROM CIVIL PENALTIES FOR who is a private sector contractor, the counterintelligence. Without change, it VIOLATIONS OF NUCLEAR SAFETY fines are assessed and collected. But is feared that the Department of En- REQUIREMENTS UNDER ATOMIC EN- under what I consider an extraordinary ergy laboratories would continue to be ERGY ACT OF 1954. anomaly in the law, if you are a non- (a) NONPROFIT EDUCATIONAL INSTITU- a major target of foreign intelligence profit contractor, the very violation— TIONS.—Subsection b. (2) of section 234A of services. According to the Rudman re- the Atomic Energy Act of 1954 (42 U.S.C. again, fundamental to the essence of port, the only way to combat these 2282a) is amended by striking the second sen- protecting the health and safety of the problems is through a reorganization tence. employees; namely, the radiation which takes the oversight of our weap- (b) LIABILITY OF NONPROFIT CONTRAC- standard they would be exposed to—for ons labs away from the ‘‘dysfunctional TORS.—Subsection b. of that section is fur- those kinds of violations, a fine is as- bureaucracy’’ of the Department of En- ther amended by adding at the end the fol- sessed but is never collected. lowing: So in effect we have a totally incon- ergy and gives it to a new, semi-auton- ‘‘(3)(A) Subject to subparagraph (B), the omous agency. amounts of civil penalties for violations of sistent policy. One says that if you are The Kyl/Domenici/Murkowski this section by nonprofit contractors of the a private contractor and you are an en- amendment, which I am pleased to co- Department shall be determined in accord- trepreneur and are in the business to sponsor, will begin the reform efforts ance with the schedule of penalties employed make money or to profit from that—all at the Department of Energy by estab- by the Nuclear Regulatory Commission of which is very legitimate—and you lishing a separate organizational enti- under the General Statement of Policies and violate one of the DOE’s safety regula- ty, the Agency for Nuclear Steward- Procedures for NRC Enforcement for similar tions and you are fined, you are as- violations by nonprofit contractors. ship, with clear lines of authority, ac- ‘‘(B) A civil penalty may be imposed on a sessed initially, and the fine is col- countability, and responsibility. These nonprofit contractor of the Department for a lected. If you are a nonprofit, you are changes will help correct the current violation of this section only to the extent assessed for the identical violation, but organizational disarray and ensure that such civil penalty, when aggregated it is never collected. that all programs and activities related with any other penalties under the contract Let me say that the General Ac- to national security functions receive concerned at the time of the imposition of counting Office report that was ref- proper attention and oversight. These such civil penalty, does not exceed the per- erenced in this Newsweek article has changes will strengthen the security formance fee of the contractor under such now been made public in its final form. contract.’’. This is a document issued June 1999: and protection of our most vital tech- (c) SPECIFIED CONTRACTORS.—That section nological secrets and ensure that if vio- is further amended by striking subsection d.. General Accounting Office, Depart- lations do occur, the responsible par- (d) APPLICABILITY.—The amendments made ment of Energy Nuclear Safety, ‘‘En- ties are readily identified, and the by this section shall take effect on the date forcement Program Should Be proper corrective actions put into place of the enactment of this Act, and shall apply Strengthened.’’ immediately. with respect to violations specified in sec- This report gives additional persua- I urge my colleagues to join with us tion 234A of the Atomic Energy Act of 1954 sive force to what I propose in the that occur on or after that date. in support of this amendment to help amendment. This General Accounting Mr. BRYAN. Mr. President, I want to ensure the security of our nation for Office report makes an important point call your attention to a situation that years to come. that if the regulations were promul- I suggest the absence of a quorum. I became aware of only a short time gated by the Nuclear Regulatory Com- The PRESIDING OFFICER. The ago. An article that appeared in the mission, the NRC, no distinction is clerk will call the roll. June 28 issue of Newsweek caught my made between the private sector con- The legislative clerk proceeded to attention. It is entitled ‘‘Nuclear tractor and the public sector con- call the roll. Leaks of Another Kind.’’ tractor. That is to say, if a violation Mr. BRYAN. Mr. President, I ask This was in the context of a discus- occurs with respect to the nonprofit unanimous consent that the order for sion we have had about some of the es- contractor, and it is a violation of the quorum call be rescinded. pionage activity that has occurred in health and safety standards, then the The PRESIDING OFFICER. Without our labs and, particularly, the issue as nonprofit is assessed and a fine may be objection, it is so ordered. it relates to Los Alamos in recent collected. So we have an anomaly in Mr. BRYAN. Mr. President, I thank months. Let me share an excerpt so my the law that makes no public policy the Chair. I ask unanimous consent colleagues will get the flavor of the ar- sense at all. that the pending amendment be set ticle and understand the amendment I Let me make it clear to my col- aside momentarily for the purpose of am offering and its underlying purpose. leagues that it is not my intention to considering an amendment that I pro- The article begins by saying: impose onerous fines on nonprofit enti- pose to offer. Nuclear secrets aren’t the only kind of un- ties that have a contract. But as the The PRESIDING OFFICER. Without authorized leaks from U.S. weapons labs. Ac- General Accounting Office makes very cording to a General Accounting Office draft objection, it is so ordered. report obtained by Newsweek, over the past clear, the fact that a fine may be col- AMENDMENT NO. 1269 three weeks, the Los Alamos and Lawrence lected has a deterrent value. As this re- (Purpose: To terminate the exemption of cer- Livermore labs were assessed fines of hun- port further makes the point, there is tain contractors and other entities from dreds of thousands of dollars for safety viola- no rational basis—none whatsoever—in civil penalties for violations of nuclear tions, including exposing their employees to making the distinction between for- safety requirements under the Atomic En- radiation levels that exceed the standards profit and nonprofit contractors, and ergy Act of 1954) promulgated by the Department of Energy. the further point that the purpose of Mr. BRYAN. Mr. President, I send an Then it goes on to say that, under imposing these civil penalties is not to amendment to the desk and ask for its the law, in an anomaly—which the oc- collect fines but to encourage contrac- immediate consideration. cupant of the Chair will readily appre- tors to perform safely, that is the issue The PRESIDING OFFICER. The ciate because of his own extraordinary that I seek to address. clerk will report. and impressive legal background—we I recognize the concern that the non- The legislative clerk read as follows: make a distinction with respect to the profits raise that, my golly, if you The Senator from Nevada [Mr. BRYAN] pro- contractor status of those who work in change the law, somehow this may con- poses an amendment numbered 1269. the DOE labs. If the contractor is a stitute an invasion of our endowment Mr. BRYAN. Mr. President, I ask contractor who is a private entre- moneys; that all of this could be com- unanimous consent that reading of the preneur—that is to say, it is a profit- promised. Let me assure my colleagues amendment be dispensed with. making contractor—these fines for that nothing is further from the truth. The PRESIDING OFFICER. Without safety violations—one in particular That is not what I intend. objection, it is so ordered. that caught my eye is the radiation So as a further effort to assuage The amendment is as follows: standards to protect the employees ac- those concerns in the amendment that

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8930 CONGRESSIONAL RECORD — SENATE July 21, 1999 is before this body, we would limit any health and safety of those individuals I am not sure of the parliamentary fine that was assessed to the amount of who work in the lab. That is the kind vehicle that I may need to employ. If I the performance fee provided to the of violation about which we are talk- need to ask unanimous consent to nonprofit contractor by the Depart- ing. withdraw my amendment—I don’t ment. Let me repeat that. In effect, we I have attempted to work some type think I need that—if I do, I will ask for would put a ceiling, a limit, if you will, of an accommodation through the very it. on any fine that would be assessed and able manager of the bill, and others, If the Chair will guide the gentleman would say that, in no event, notwith- particularly the distinguished Senator from Nevada, I will ease us out of this standing the extent, severity, and the from New Mexico, who understandably parliamentary situation. extended period of time in which the have an interest in this measure. We The PRESIDING OFFICER. The Sen- violation may have occurred, may the have not been able to reach an agree- ator would need to ask unanimous con- fine exceed the performance fee that ment. sent to withdraw the amendment. you are provided. It strikes me that I want to serve notice that this is not AMENDMENT NO. 1269 WITHDRAWN that addresses fairly and reasonably the last time this amendment will sur- Mr. BRYAN. Mr. President, I ask the concern that a nonprofit would face. This is a gross injustice to those unanimous consent that the amend- have in terms of the potential invasion employees who serve in the lab, and ment be withdrawn. of the endowments. their families. Their health and safety The PRESIDING OFFICER. Without The point I seek to emphasize is that can be endangered. And those who objection, it is so ordered. nonprofits have a track record of some would do so face no penalty under the The amendment (No. 1269) was with- very extensive fines. The assessments, law. drawn. according to the report, amount to sev- I will not ask for a rollcall vote on Mr. BRYAN. I thank the Chair. I eral hundreds of thousands of dollars. this amendment. I intend to withdraw thank my colleagues. So we are not talking about something the amendment at the appropriate AMENDMENT NO. 1258 that is theoretical, hypothetical, or time, after the distinguished chairman Mr. SHELBY. Mr. President, what is highly speculative; it has occurred. of the committee responds. But this is the pending business? And, remember, under current law, an issue which must be addressed. It The PRESIDING OFFICER. The with respect to nonprofits, a fine can will be addressed by this Senator. We pending business is the amendment of be assessed but never collected. So will have a series of votes on this at a the Senator from Arizona, Mr. KYL. human nature tells us—and our entire later point in time if we are not able to Mr. SHELBY. I urge adoption of the legal system is structured on this reach an accommodation. amendment, and I ask for the yeas and premise—that for people who violate I will be happy to either yield the nays. the rules, whether it is a speed limit or floor or to respond to any questions The PRESIDING OFFICER. Is there a some other regulation, the fact that that the able managers of the bill have. sufficient second? one can be fined or can be subject to The PRESIDING OFFICER (Mr. There is a sufficient second. some kind of a sanction, tends to influ- ABRAHAM). The Senator from Alabama. The yeas and nays were ordered. ence our behavior in a positive way. Mr. SHELBY. Mr. President, I will be The PRESIDING OFFICER. If there That is, we don’t do that sort of thing. brief. is no further debate, the question is on No one is accusing the nonprofits of First of all, I commend my friend and agreeing to the amendment. On this bad faith. But I must say we have not colleague, Senator BRYAN, who brought question, the yeas and nays have been gotten their attention with respect to this to the attention of the Senate. We ordered, and the clerk will call the roll. these violations. have discussed this before. He feels I conclude, as I began, by describing very strongly about it. I believe if you The legislative clerk called the roll. the nature of these violations. We are look at it in its entirety, it has some Mr. NICKLES. I announce that the not talking about some highly tech- merit. But I also think this should be Senator from Arizona (Mr. MCCAIN) nical extenuated rule or regulation addressed at the level of the appro- and the Senator from Vermont (Mr. that only a flyspeck—as we used to priate committee. At the time when he JEFFORDS) are necessarily absent. say—lawyer could pick up. We are talk- pursues this, I will tell every one of my Mr. REID. I announce that the Sen- ing about something fundamental to colleagues to look at this very care- ator from Massachusetts (Mr. KEN- the public health and safety. That is fully because I believe what he is pro- NEDY) is necessarily absent. the radiation standard—the exposure posing should be evaluated in that The PRESIDING OFFICER. Are there to which employees in these labora- light. Personally, I think it has some any other Senators in the Chamber tories could be exposed. merit. who desire to vote? I can’t think of anything that would I commend the Senator from Nevada, The result was announced—yeas 96, be more significant or more important who is also a member of the Intel- nays 1, as follows: in terms of health and safety than to ligence Committee, and a senior mem- [Rollcall Vote No. 216 Leg.] make sure the laboratory is adhering ber. Perhaps soon he will be the vice YEAS—96 to a radiation standard which the De- chairman of the committee—next year. Abraham DeWine Kerrey partment of Energy has promulgated, The PRESIDING OFFICER. The Sen- Akaka Dodd Kerry which they say is to observe to protect ator from Nebraska. Allard Domenici Kohl Ashcroft Dorgan Kyl health and safety. Mr. KERREY. Mr. President, I, too, Baucus Durbin Landrieu Let me say that I have had a little thank the Senator from Nevada for Bayh Edwards Lautenberg experience in this area, not as a tech- bringing this to our attention. I was Bennett Enzi Leahy not aware of the problem. I look for- Biden Feingold Levin nical person, but many years ago in my Bingaman Feinstein Lieberman youth I worked as an employee at the ward to the opportunity of having a Bond Fitzgerald Lincoln Nevada Test Site. Every employee who chance to work with the Senator to Boxer Frist Lott entered the Nevada Test Site was given change the law and to end the problem Breaux Gorton Lugar Brownback Graham Mack a badge. That badge had in it a gasom- he has identified. Bryan Gramm McConnell eter. The reason for that is this was Mr. BRYAN. I thank both the Sen- Bunning Grams Mikulski during the days of atmospheric testing ator from Alabama and the Senator Burns Grassley Moynihan from Nebraska, with whom I have the Byrd Gregg Murkowski programs. It was to periodically check Campbell Hagel Murray to make sure no employee by inadvert- privilege of working closely in the In- Chafee Harkin Nickles ence or accident was exposed to a high- telligence Committee. Cleland Hatch Reed er radiation standard than had been de- We need to address that. His com- Cochran Helms Reid Collins Hollings Robb termined necessary for the protection ments have been very helpful and en- Conrad Hutchinson Roberts of the health and safety of that em- couraging. We want to work through Coverdell Hutchison Rockefeller ployee. this and protect the employees in these Craig Inhofe Roth In the same spirit, these standards critically important national security Crapo Inouye Santorum Daschle Johnson Sarbanes have been imposed to protect the facilities.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8931 Schumer Snowe Thurmond New England summer day. It is glo- the floor of the Senate. And I say to Sessions Specter Torricelli Shelby Stevens Voinovich rious to behold. The warm sweet air, him that what he said represents how I Smith (NH) Thomas Warner the cold waters of its rivers and lakes feel as a Senator from Minnesota. Smith (OR) Thompson Wellstone and ocean seem to command a celebra- I yield the floor and suggest the ab- NAYS—1 tion of the very simple pleasures of sence of a quorum. The PRESIDING OFFICER. The Wyden life. On this past Saturday, though, the clerk will call the roll. NOT VOTING—3 inherent joy of a New England summer The legislative clerk proceeded to Jeffords Kennedy McCain season dissolved throughout America call the roll. The amendment (No. 1258), as amend- with the news that these three young Mr. LEAHY. Mr. President, I ask ed, was agreed to. people were lost off the New England unanimous consent that the order for Mr. SHELBY. Mr. President, I move coast. Lost on a day that seemed the quorum call be rescinded. to reconsider the vote. meant for gladness, not grief. Lost in The PRESIDING OFFICER. Without Mr. CRAIG. I move to lay that mo- waters that should have welcomed objection, it is so ordered. tion on the table. pleasure, not disaster. For one family, f The motion to lay on the table was the Kennedy family, a moment of a UNANIMOUS-CONSENT REQUEST— agreed to. family’s supreme joy—a wedding—was H.R. 1501 Mr. SHELBY. I suggest the absence snatched greedily by the hand of a very of a quorum. cruel fate, indeed. Mr. LEAHY. Mr. President, I am The PRESIDING OFFICER. The Most of us spent the better part of about to propound a unanimous con- clerk will call the roll. this past weekend hoping against hope sent request on the juvenile justice The legislative clerk proceeded to that John and Carolyn and Lauren conference. I notified the distinguished call the roll. could be found safe and alive. By Sun- majority leader that I would be doing Mr. SHELBY. Mr. President, I ask day night we were resigned to the this earlier, and a day ago I also noti- unanimous consent that the order for awful truth. Two American families fied the distinguished chairman of the the quorum call be rescinded. have endured unspeakable loss. Judiciary Committee. I do it not in ex- The PRESIDING OFFICER. Without One of those families, which is rep- pectation the unanimous consent re- objection, it is so ordered. resented by the Bessette and Freeman quest will be agreed to but to, I hope, move this ball down the field. UNANIMOUS-CONSENT REQUEST families, we know very little about. They are constituents of mine and my So my request is this: I ask unani- Mr. SHELBY. Mr. President, I ask mous consent that the Senate proceed unanimous consent that it now be in colleague, Senator LIEBERMAN. We know very little about them other than to the consideration of H.R. 1501, the order to offer a substitute amendment House juvenile justice bill; that all which consists of the committee-re- the fact of their tragic loss. We can only imagine the joy and love and, yes, after the enacting clause be stricken, ported bill, S. 1009, a managers’ pack- and that the text of S. 254, as passed by age of amendments, and all previously the easy and brilliant summer days, that they shared with these two re- the Senate, minus the provision added agreed to amendments. The substitute by Senator FEINSTEIN’s amendment No. is at the desk, and I ask for its consid- markable and talented young women. The other family we know a great 343, as modified, be inserted in lieu eration. deal about—about its moments of tri- thereof; the bill be passed, as amended; The PRESIDING OFFICER. Is there umph and tragedy—and through it all the Senate insist on its amendment objection? their consistent service to our Nation and request a conference with the Mr. KYL. Mr. President, I object. and to humanity. House; that the conferees be instructed The PRESIDING OFFICER. Objec- It happens that the patriarch, if you to include in the conference report the tion is heard. will, today of that family is our col- provision added by Senator FEINSTEIN’s Mr. KYL. There is an issue we have league and one of my dearest friends in amendment No. 343 to S. 254; and that to work out before we can proceed. this body, TED KENNEDY. We can only the Chair be authorized to appoint con- Mr. SHELBY. I suggest the absence wonder at the immense burden of the ferees. of a quorum. grief he carries for his relatives over The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The this loss and over all the other sense- objection? clerk will call the roll. less, excruciating losses endured by the Mr. LOTT. I reserve the right to ob- The legislative clerk proceeded to Kennedy family over the years. Those ject—and I will object. call the roll. of us who have come to know him can First of all, this is the kind of motion Mr. DODD. Mr. President, I ask unan- only admire his courage and persever- that usually the majority leader would imous consent that the order for the ance in the face of adversity which make, and it is my intent to do that in quorum call be rescinded. would wither the will of other men. the near future. I think we should go to The PRESIDING OFFICER. Without I know I speak for all of us here, and conference on this issue. The juvenile objection, it is so ordered. that I echo the sentiments expressed justice bill came from the Judiciary Mr. DODD. Mr. President, I ask unan- here on the floor this morning and last Committee. The committee had been imous consent that I be permitted to evening by other colleagues, in saying working on it, I think, for 3 years. Sen- speak as in morning business. that we send our deepest, deepest sym- ators on both sides of the aisle worked The PRESIDING OFFICER. Without pathies to him, to his family, and to on that bill. It included a variety of objection, it is so ordered. the family of Carolyn and Lauren Senators, including, obviously, Senator f Bessette. LEAHY, Senator HATCH, Senator FEIN- Mr. President, I yield the floor and STEIN, Senator SESSIONS, Senator TRIBUTE TO THE KENNEDY AND suggest the absence of a quorum. ASHCROFT, Senator THOMPSON, and a BESSETTE FAMILIES The PRESIDING OFFICER. The whole number of Senators over a period Mr. DODD. Mr. President, I want to clerk will call the roll. of years. address the Senate for a few moments The legislative clerk proceeded to It does have very important provi- about a topic I know has consumed the call the roll. sions in regard to how do you deal with attention of each and every one of us in Mr. WELLSTONE. Mr. President, I juvenile crime, how do you try offend- this Chamber, indeed all Americans, ask unanimous consent that the order ers, and where do you incarcerate over the past several days, and that is for the quorum call be rescinded. them. It deals with the real world prob- the tragic deaths of John Kennedy, Jr., The PRESIDING OFFICER. Is there lems of trying to deal with juvenile his wife Carolyn, and her sister Lauren objection? crime, including security in our Bessette. Without objection, it is so ordered. schools. Specifically, it provides for Permit me, if you will, to engage in Mr. WELLSTONE. Mr. President, I metal detectors at our schools. It has a little regional chauvinism, for there cannot add to the words of Senator programs that deal with alcohol abuse, are few things in life so pleasant as a DODD. I thank him for what he said on drug abuse. It has some very important

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8932 CONGRESSIONAL RECORD — SENATE July 21, 1999 amendments dealing with values in so- the reason I notified both the distin- Now, this took care of the potential ciety and how we can help in that area guished majority leader and the distin- liability of a lot of businesses under with our young people. guished Democratic leader that I would Y2K, some found it at the expense of So I think this is legislation that do this. I had expressed my concern, American consumers, but whichever should go to conference. It is my intent actually, before the Fourth of July re- way it was, it become law very quickly. to move to go to conference and to ap- cess, how the Congress is able to move The juvenile justice bill can make a point conferees. However, there have legislation and move it quickly if the difference in the lives of our children been some Senators who had some con- right interests want it. I compared the and families. That should be our No. 1 cerns about it both in terms of the priority being put on two separate priority, so that we get the conference, makeup of who the conferees would be, pieces of legislation, S. 254, the Hatch- conclude it, and so that new programs but also I think it would be fair to say Leahy juvenile justice bill, and H.R. and protections for schoolchildren can that Senator SMITH of New Hampshire 775, the Y2K Act, to show how this be in place when school resumes this has indicated that he would be opposed works. fall, and not wait until this fall to do to going to conference at this time. I The Hatch-Leahy juvenile justice it. A lot of the programs in here are de- have been working with him to see how bill, S. 254, passed the Senate after 2 signed to be available to schools when that procedure could be worked out. I weeks of open debate, after significant they come in. know most Senators don’t get into improvements, on May 20. That was a Mr. DURBIN. Will the Senator from some of the esoteric rules around here, vote, as I recall, of 73–25, a bipartisan Vermont yield? but believe me, we need to try to find vote. On June 17, the House passed its Mr. LEAHY. I will yield for a ques- a way to work it out where we can get version of this legislation but chose tion. Mr. DURBIN. I ask the Senator from to conference. I am trying to do that. not to take up the Senate bill and in- Vermont, if the majority leader ap- At an appropriate time, within the sert its language, as is standard prac- points a conference committee within next 2 weeks, I will do so—if not this tice. Nor has the Republican leadership the next 2 weeks, doesn’t that diminish week, next week. The only reason I in the House made any effort over the the likelihood that we could even have didn’t do it this week is because of in- past month to seek a House-Senate a conference report and do anything terminable delays by the Senate on conference or to appoint House con- ferees. before school starts again? other issues. This bill was inspired in large part by We had the whole of last week tied up Instead, what the other body did was send the Senate a blue slip, returning school violence and shootings in with the Patients’ Bill of Rights. We schools, and now we will have passed S. 254 to the Senate on the ground it didn’t want to interrupt the Patients’ through the entire summer and not contained a revenue provision that Bill of Rights for a 3- or 4-hour process have done anything in the Senate or must originate in the House. The provi- to appoint conferees. And then this the House to respond to that if we sion they point to is the amendment to week we have been dragging all day delay this conference committee. Is S. 254 that would amend the Federal and yesterday on a question we should that not a fact? have done like that—reorganization of Criminal Code to ban the import of Mr. LEAHY. The distinguished senior the Department of Energy. Hearings high-capacity ammunition clips. What- Senator from Illinois raises a valid have been held on it. We had a good ever the merits are of that particular point. This bill is designed, very sub- proposal. Instead, we have been talking provision, the majority thought that stantive parts of it, for programs that and chatting here all day. Now it is 6 did have merit. I voted against it. But we in the Senate debated and I think o’clock and we still have not gotten it it appears to me that no matter which the American public are in support of done, the intelligence authorization side one is on, the House resorted to a and thought should be in place before bill, an authorization for intelligence, procedural technicality to avoid a con- our children go back to school this fall. the CIA. Give me a break. ference on juvenile justice legislation. This prompt action is what parents If the Senate would like for us to act The amendment is in the final bill have talked to me about it, what on some of these issues, then the Sen- which a majority of us, three-quarters school administrators have talked to ate needs to find a way to quit delaying of us, voted for. The Senate has so far me about it—that they need to have it and dragging out other issues. We have taken no steps to proceed to conference in place before the schoolchildren go appropriations bills to do. We need to on the juvenile justice bill or to ap- back this fall. They want to pass into get going on them. point conferees. This delay costs valu- law the things we learned from Col- The main thing I want to assure the able time to get the juvenile justice umbine and other school tragedies. Senate is, I think we should go to con- legislation enacted before school re- That means we have a very short ference. I intend for us to go to con- sumes this fall. window, I think about 3 weeks, to fin- ference. If Senators on both sides will I appreciate the words of the distin- ish this before the August recess. We work with me and support my effort to guished majority leader that we will have a very short window. If we don’t do that, I think we will get an over- try to move quickly to it, but I men- finish this before the August recess and whelming vote to do that. But as is the tion this as a contrast to the pace of get it on the President’s desk, I don’t case with Senators on both sides of the action on the juvenile justice bill when know how these programs will be in aisle, when a Senator or Senators have we look at the Y2K Act. That legisla- place. problems, my disposition is to try to tion provided special legal protections Frankly, a lot has changed since my see if we can work it out in a way that to businesses. After earlier action in children were young enough to be in is acceptable to him or her. That is my the House on H.R. 775, the Y2K liability those classes. It may have been grow- intent. limitations bill, the bill passed the ing then, but the demand is paramount Mr. President, I make that expla- Senate on June 15, almost 1 month today. The Senator from Illinois is ab- nation as to what is happening. We do after we passed the juvenile justice solutely right. If we don’t do it now, we intend to go to conference. With the bill. On June 16, the next day, the Sen- are not going to get it done on time. cooperation of both sides of the aisle, I ate asked for a House-Senate con- Mr. DURBIN. I salute the leadership am sure we will go to conference. ference and appointed its conferees. of the Senator from Vermont. I hope he I do object. The House agreed to the conference will renew this request on a regular The PRESIDING OFFICER. Objec- and appointed its own conferees. The basis until we have a conference com- tion is heard. legislation immediately went to con- mittee appointed to pass the juvenile Mr. LEAHY. Mr. President, I appre- ference. The conference met that same justice bill to do something in Congress ciate the explanation of the distin- day, on June 24. After a weekend break about the school violence which Amer- guished majority leader. He and I had for extensive negotiations with the ad- ican families understand is a national discussed this earlier. I anticipated ministration, the conference report problem we should address. both the objection and the explanation. was filed on June 29. The bill was taken Mr. SCHUMER. Will the Senator I fully concur that such a unanimous up, passed before the Fourth of July re- yield? consent request would normally be cess, and the President signed it yes- Mr. LEAHY. I thank the Senator made by the leadership, but it is also terday. from Illinois. I yield to the Senator

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8933 from New York without losing my INTELLIGENCE AUTHORIZATION Sec. 302. Restriction on conduct of intelligence right to the floor. ACT FOR FISCAL YEAR 2000—Con- activities. Mr. SCHUMER. Mr. President, I tinued Sec. 303. Extension of application of sanctions thank the Senator from Vermont and laws to intelligence activities. Mr. SHELBY. Mr. President, I ask Sec. 304. Access to computers and computer just want to concur with what the Sen- unanimous consent that it now be in data of executive branch employ- ator from Illinois said and what the order to offer a substitute amendment ees with access to classified infor- Senator from Vermont said. We should which consists of the committee-re- mation. be moving this bill. As I understand ported bill, S. 1009; a managers’ pack- Sec. 305. Naturalization of certain persons af- the Senate procedure, even if we wait 2 age of amendments; and all previously filiated with a Communist or simi- lar party. weeks to appoint conferees, and there agreed to amendments. is objection, we could have trouble Sec. 306. Funding for infrastructure and qual- The PRESIDING OFFICER. Without ity of life improvements at there as well. So there is no guarantee objection, it is so ordered. Menwith Hill and Bad Aibling at all, given the volatility of this issue, AMENDMENT NO. 1270 stations. that we would go to conference even Mr. SHELBY. Mr. President, I send Sec. 307. Technical amendment. after 2 weeks. Am I correct in assum- the substitute amendment to the desk. Sec. 308. Sense of the Congress on classification ing that? The PRESIDING OFFICER. The and declassification. Mr. LEAHY. The Senator from New clerk will report. Sec. 309. Declassification of intelligence esti- York is correct. The Senator from New The legislative clerk read as follows: mate on Vietnam-era prisoners of war and missing in action per- York has sat on a number of con- The Senator from Alabama [Mr. SHELBY], sonnel and critical assessment of ferences in the other body and now is a for himself and Mr. KERREY, proposes an estimate. distinguished and respected Member of amendment numbered 1270. Sec. 310. Submittal to Congress of lists on clas- this body. He knows from that experi- Mr. SHELBY. Mr. President, I ask sified information regarding unre- ence that conferences can take awhile, unanimous consent that reading of the covered United States prisoners of especially when you are dealing with amendment be dispensed with. war and other personnel. criminal law. I recall the Senator from The PRESIDING OFFICER. Without Sec. 311. Study of background checks for em- New York and I, when he served in the objection, it is so ordered. ployees of the Department of En- (The text of the amendment is print- ergy. other body, on a major crime bill, sit- Sec. 312. Report on legal standards applied for ting there until 5 or 6 o’clock in the ed in today’s RECORD under ‘‘Amend- electronic surveillance. ments Submitted.’’) morning, breaking for 45 minutes while TITLE IV—CENTRAL INTELLIGENCE we grabbed some breakfast, and going Mr. SHELBY. Mr. President, I want AGENCY to inform Members of the Senate that right back in around the clock again. Sec. 401. Improvement and extension of central There is no guarantee if we went to- the order of sentences in amendment services program. night that we could finish by August. If No. 1258 does not reflect a meeting of Sec. 402. Extension of CIA Voluntary Separa- we wait until the last few days, it is al- the minds of Senators involved, and we tion Pay Act. most impossible. have discussed it among them. That TITLE V—DEPARTMENT OF ENERGY Mr. SCHUMER. The bottom line, I will have to be brought to the atten- INTELLIGENCE ACTIVITIES say to the Senator, is that if we want tion of the conferees for resolution. Sec. 501. Short title. to get something done, we really can’t I ask unanimous consent that the Sec. 502. Moratorium on foreign visitors pro- afford to wait. There are so many slips substitute be agreed to, the bill be read gram. between the cup and the lip, especially the third time, and passed, and the mo- Sec. 503. Background checks on all foreign visi- tion to reconsider be laid upon the tors to national laboratories. on an issue such as this, that we ought Sec. 504. Report to Congress. to be moving and not waiting 2 weeks table. The PRESIDING OFFICER. Without Sec. 505. Definitions. but appointing conferees tomorrow. TITLE VI—FOREIGN COUNTERINTEL- Mr. LEAHY. I agree, Mr. President. objection, it is so ordered. The amendment (No. 1270) was agreed LIGENCE AND INTERNATIONAL TER- I have been advised by the distin- RORISM INVESTIGATIONS guished chairman and vice chairman of to. The bill (H.R. 1555), as amended, was Sec. 601. Expansion of definition of ‘‘agent of a the Senate Intelligence Committee read the third time, and passed, as fol- foreign power’’ for purposes of the that they are prepared to wrap up with Foreign Intelligence Surveillance lows: voice votes. Act of 1978. Resolved, That the bill from the House of Sec. 602. Federal Bureau of Investigation re- f Representatives (H.R. 1555) entitled ‘‘An Act ports to other executive agencies UNANIMOUS-CONSENT AGREEMENT to authorize appropriations for fiscal year on results of counterintelligence 2000 for intelligence and intelligence-related activities. Mr. LEAHY. Mr. President, I ask activities of the United States Government, unanimous consent that I be able to TITLE VII—BLOCKING ASSETS OF MAJOR the Community Management Account, and NARCOTICS TRAFFICKERS yield the floor for them to finish this the Central Intelligence Agency Retirement up, with the understanding that I will and Disability System, and for other pur- Sec. 701. Finding and policy. Sec. 702. Purpose. poses.’’, do pass with the following amend- be able to reclaim the floor once they Sec. 703. Designation of certain foreign inter- ment: have finished the bill. national narcotics traffickers. Mr. GREGG. Reserving the right to Strike out all after the enacting clause and insert: Sec. 704. Blocking assets. object, there is an appropriations bill Sec. 705. Denial of visas to and inadmissibility SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of specially designated narcotics we are waiting to bring to the floor (a) SHORT TITLE.—This Act may be cited as traffickers. this evening. I am interested to know if the ‘‘Intelligence Authorization Act for Fiscal the Senator will agree to a time agree- Year 2000’’. TITLE VIII—COMMISSION TO ASSESS THE ment as to how much time he will (b) TABLE OF CONTENTS.—The table of con- BALLISTIC MISSILE THREAT TO THE need. tents for this Act is as follows: RUSSIAN FEDERATION Mr. LEAHY. Mr. President, I can as- Sec. 1. Short title; table of contents. Sec. 801. Establishment of commission. TITLE I—INTELLIGENCE ACTIVITIES Sec. 802. Duties of commission. sure the Senator from New Hampshire Sec. 803. Report. Sec. 101. Authorization of appropriations. that I will try to keep to the type of Sec. 804. Powers. brevity for which our part of the world Sec. 102. Classified schedule of authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 805. Commission procedures. is known. I have 2 or 3 pages left. I Sec. 104. Intelligence Community Management Sec. 806. Personnel matters. wanted to make sure the RECORD was Account. TITLE IX—AGENCY FOR NUCLEAR clear. I could do it now, but I was try- TITLE II—CENTRAL INTELLIGENCE AGEN- STEWARDSHIP ing to accommodate the leadership of CY RETIREMENT AND DISABILITY SYS- Sec. 901. Department of Energy Nuclear Secu- the Intelligence Committee. TEM rity. Mr. GREGG. With that representa- Sec. 201. Authorization of appropriations. TITLE I—INTELLIGENCE ACTIVITIES tion, I will not object. TITLE III—GENERAL PROVISIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. The PRESIDING OFFICER. Without Sec. 301. Increase in employee compensation Funds are hereby authorized to be appro- objection, it is so ordered. and benefits authorized by law. priated for fiscal year 2000 for the conduct of

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 6333 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8934 CONGRESSIONAL RECORD — SENATE July 21, 1999 the intelligence and intelligence-related activi- to be appropriated for the Community Manage- SEC. 304. ACCESS TO COMPUTERS AND COM- ties of the following elements of the United ment Account for fiscal year 2000 such addi- PUTER DATA OF EXECUTIVE BRANCH States Government: tional amounts as are specified in the classified EMPLOYEES WITH ACCESS TO CLAS- (1) The Central Intelligence Agency. Schedule of Authorizations referred to in section SIFIED INFORMATION. (a) ACCESS.—Section 801(a)(3) of the National (2) The Department of Defense. 102(a). Such additional amounts shall remain Security Act of 1947 (50 U.S.C. 435(a)(3)) is (3) The Defense Intelligence Agency. available until September 30, 2001. amended by striking ‘‘and travel records’’ and (4) The National Security Agency. (2) AUTHORIZATION OF PERSONNEL.—In addi- inserting ‘‘travel records, and computers used in (5) The Department of the Army, the Depart- tion to the personnel authorized by subsection the performance of government duties’’. ment of the Navy, and the Department of the (b) for elements of the Community Management (b) COMPUTER DEFINED.—Section 804 of that Air Force. Account as of September 30, 2000, there is hereby (6) The Department of State. Act (50 U.S.C. 438) is amended— authorized such additional personnel for such (1) by striking ‘‘and’’ at the end of paragraph (7) The Department of the Treasury. elements as of that date as is specified in the (6); (8) The Department of Energy. classified Schedule of Authorizations. (2) by striking the period at the end of para- (9) The Federal Bureau of Investigation. (d) REIMBURSEMENT.—Except as provided in graph (7) and inserting ‘‘; and’’; and (10) The National Reconnaissance Office. section 113 of the National Security Act of 1947 (3) by adding at the end the following: (11) The National Imagery and Mapping (50 U.S.C. 404h), during fiscal year 2000, any of- ‘‘(8) the term ‘computer’ means any electronic, Agency. ficer or employee of the United States or member magnetic, optical, electrochemical, or other high SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- of the Armed Forces who is detailed to the staff speed data processing device performing logical, TIONS. of an element within the Community Manage- arithmetic, or storage functions, and includes (a) SPECIFICATIONS OF AMOUNTS AND PER- ment Account from another element of the any data storage facility or communications fa- SONNEL CEILINGS.—The amounts authorized to United States Government shall be detailed on a cility directly related to or operating in conjunc- be appropriated under section 101, and the au- reimbursable basis, except that any such officer, tion with such device and any data or other in- thorized personnel ceilings as of September 30, employee, or member may be detailed on a non- formation stored or contained in such device.’’. 2000, for the conduct of the intelligence and in- reimbursable basis for a period of less than one (c) APPLICABILITY.—The President shall mod- telligence-related activities of the elements listed year for the performance of temporary functions ify the procedures required by section 801(a)(3) in such section, are those specified in the classi- as required by the Director of Central Intel- of the National Security Act of 1947 to take into fied Schedule of Authorizations prepared to ac- ligence. account the amendment to that section made by company the conference report on the bill (e) NATIONAL DRUG INTELLIGENCE CENTER.— subsection (a) of this section not later than 90 llll of the One Hundred Sixth Congress. (1) IN GENERAL.—Of the amount authorized to days after the date of the enactment of this Act. (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF be appropriated in subsection (a), $27,000,000 SEC. 305. NATURALIZATION OF CERTAIN PER- AUTHORIZATIONS.—The Schedule of Authoriza- shall be available for the National Drug Intel- SONS AFFILIATED WITH A COM- tions shall be made available to the Committees ligence Center. Within such amount, funds pro- MUNIST OR SIMILAR PARTY. on Appropriations of the Senate and House of vided for research, development, test, and eval- Section 313 of the Immigration and Nation- Representatives and to the President. The Presi- uation purposes shall remain available until ality Act (8 U.S.C. 1424) is amended by adding dent shall provide for suitable distribution of September 30, 2001, and funds provided for pro- at the end the following: the Schedule, or of appropriate portions of the curement purposes shall remain available until ‘‘(e) A person may be naturalized under this Schedule, within the Executive Branch. September 30, 2002. title without regard to the prohibitions in sub- SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (2) TRANSFER OF FUNDS.—The Director of Cen- sections (a)(2) and (c) of this section, if the per- (a) AUTHORITY FOR ADJUSTMENTS.—With the tral Intelligence shall transfer to the Attorney son— approval of the Director of the Office of Man- General of the United States funds available for ‘‘(1) is otherwise eligible for naturalization; ‘‘(2) is within the class described in subsection agement and Budget, the Director of Central In- the National Drug Intelligence Center under (a)(2) solely because of past membership in, or telligence may authorize employment of civilian paragraph (1). The Attorney General shall uti- past affiliation with, a party or organization de- personnel in excess of the number authorized for lize funds so transferred for activities of the scribed in that subsection; fiscal year 2000 under section 102 when the Di- Center. rector of Central Intelligence determines that ‘‘(3) does not fall within any other of the (3) LIMITATION.—Amounts available for the classes described in that subsection; and such action is necessary to the performance of National Drug Intelligence Center may not be important intelligence functions, except that the ‘‘(4) is jointly determined by the Director of used in contravention of the provisions of sec- Central Intelligence, the Attorney General, and number of personnel employed in excess of the tion 103(d)(1) of the National Security Act of number authorized under such section may not, the Commissioner of Immigration and Natu- 1947 (50 U.S.C. 403–3(d)(1)). ralization to have made a contribution to the for any element of the intelligence community, (4) AUTHORITY.—Notwithstanding any other exceed two percent of the number of civilian national security or to the national intelligence provision of law, the Attorney General shall re- mission of the United States.’’. personnel authorized under such section for tain full authority over the operations of the such element. SEC. 306. FUNDING FOR INFRASTRUCTURE AND National Drug Intelligence Center. QUALITY OF LIFE IMPROVEMENTS (b) NOTICE TO INTELLIGENCE COMMITTEES.— TITLE II—CENTRAL INTELLIGENCE AGEN- AT MENWITH HILL AND BAD AIBLING The Director of Central Intelligence shall STATIONS. promptly notify the Permanent Select Committee CY RETIREMENT AND DISABILITY SYS- TEM Section 506(b) of the Intelligence Authoriza- on Intelligence of the House of Representatives tion Act for Fiscal Year 1996 (Public Law 104–93; and the Select Committee on Intelligence of the SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 109 Stat. 974), as amended by section 502 of the Senate whenever the Director exercises the au- There is authorized to be appropriated for the Intelligence Authorization Act for Fiscal Year thority granted by this section. Central Intelligence Agency Retirement and Dis- 1998 (Public Law 105–107; 111 Stat. 2262), is fur- SEC. 104. INTELLIGENCE COMMUNITY MANAGE- ability Fund for fiscal year 2000 the sum of ther amended by striking ‘‘for fiscal years 1998 MENT ACCOUNT. $209,100,000. and 1999’’ and inserting ‘‘for fiscal years 2000 (a) AUTHORIZATION OF APPROPRIATIONS.— TITLE III—GENERAL PROVISIONS and 2001’’. There is authorized to be appropriated for the SEC. 307. TECHNICAL AMENDMENT. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- Intelligence Community Management Account Section 305(b)(2) of the Intelligence Authoriza- of the Director of Central Intelligence for fiscal TION AND BENEFITS AUTHORIZED BY LAW. tion Act for Fiscal Year 1997 (Public Law 104– year 2000 the sum of $193,572,000. The Informa- 293, 110 Stat. 3465; 8 U.S.C. 1427 note) is amend- tion Security Oversight Office, charged with ad- Appropriations authorized by this Act for sal- ary, pay, retirement, and other benefits for Fed- ed by striking ‘‘subparagraph (A), (B), (C), or ministering this Nation’s intelligence classifica- (D) of section 243(h)(2) of such Act’’ and insert- tion and declassification programs shall receive eral employees may be increased by such addi- tional or supplemental amounts as may be nec- ing ‘‘clauses (i) through (iv) of section $1,500,000 of these funds to allow it to hire more 241(b)(3)(B) of such Act’’. staff so that it can more efficiently manage essary for increases in such compensation or benefits authorized by law. SEC. 308. SENSE OF THE CONGRESS ON CLASSI- these programs. FICATION AND DECLASSIFICATION. (b) AUTHORIZED PERSONNEL LEVELS.—The ele- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- LIGENCE ACTIVITIES. It is the sense of Congress that the systematic ments within the Community Management Ac- declassification of records of permanent historic The authorization of appropriations by this count of the Director of Central Intelligence are value is in the public interest and that the man- Act shall not be deemed to constitute authority authorized a total of 353 full-time personnel as agement of classification and declassification by for the conduct of any intelligence activity of September 30, 2000. Personnel serving in such Executive Branch agencies requires comprehen- which is not otherwise authorized by the Con- elements may be permanent employees of the sive reform and additional resources. Community Management Account element or stitution or the laws of the United States. SEC. 309. DECLASSIFICATION OF INTELLIGENCE personnel detailed from other elements of the SEC. 303. EXTENSION OF APPLICATION OF SANC- ESTIMATE ON VIETNAM-ERA PRIS- United States Government. TIONS LAWS TO INTELLIGENCE AC- ONERS OF WAR AND MISSING IN AC- (c) CLASSIFIED AUTHORIZATIONS.— TIVITIES. TION PERSONNEL AND CRITICAL AS- (1) AUTHORIZATION OF APPROPRIATIONS.—In Section 905 of the National Security Act of SESSMENT OF ESTIMATE. addition to amounts authorized to be appro- 1947 (50 U.S.C. 441d) is amended by striking (a) DECLASSIFICATION.—Subject to subsection priated for the Community Management Ac- ‘‘January 6, 2000’’ and inserting ‘‘January 6, (b), the Director of Central Intelligence shall de- count by subsection (a), there is also authorized 2001’’. classify the following:

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(1) National Intelligence Estimate 98–03 dated (b) REPORT.—Not later than 180 days after the provider as a result of activities under the pro- April 1998 and entitled ‘‘Vietnamese Intentions, date of the enactment of this Act, the Secretary gram.’’. Capabilities, and Performance Concerning the of Energy shall submit to Congress a report on (c) AVAILABILITY OF FEES.—Section (f)(2)(A) POW/MIA Issue’’. the study conducted under subsection (a). The of that section is amended by inserting ‘‘central (2) The assessment dated November 1998 and report shall include— service providers and any’’ before ‘‘elements of entitled ‘‘A Critical Assessment of National In- (1) a discussion of the adequacy of the proce- the Agency’’. telligence Estimate 98–03 prepared by the United dures used by the Department for conducting (d) EXTENSION OF PROGRAM.—Subsection States Chairman of the Vietnam War Working background checks of employees seeking access (h)(1) of that section is amended by striking Group of the United States-Russia Joint Com- to classified information in light of the compari- ‘‘March 31, 2000’’ and inserting ‘‘March 31, mission on POWs and MIAs’’. son required under the study; and 2005’’. (b) LIMITATIONS.—The Director shall not de- (2) any other recommendations, including rec- SEC. 402. EXTENSION OF CIA VOLUNTARY SEPA- classify any text contained in the estimate or as- ommendations for legislative action, that the RATION PAY ACT. sessment referred to in subsection (a) which Secretary considers appropriate. (a) EXTENSION OF AUTHORITY.—Section 2(f) of would— SEC. 312. REPORT ON LEGAL STANDARDS AP- the Central Intelligence Agency Voluntary Sep- (1) reveal intelligence sources and methods; or PLIED FOR ELECTRONIC SURVEIL- aration Pay Act (50 U.S.C. 403–4 note) is amend- (2) disclose by name the identity of a living LANCE. ed by striking ‘‘September 30, 1999’’ and insert- foreign individual who has cooperated with (a) REPORT.—Not later than 60 days after the ing ‘‘September 30, 2000’’. United States efforts to account for missing per- date of the enactment of this Act, the Director (b) REMITTANCE OF FUNDS.—Section 2(i) of sonnel from the Vietnam era. of Central Intelligence, the Director of the Na- that Act is amended by striking ‘‘or fiscal year (c) DEADLINE.—The Director shall declassify tional Security Agency, and the Attorney Gen- 1999’’ and inserting ‘‘, 1999, or 2000’’. the estimate and assessment referred to in sub- eral shall jointly prepare, and the Director of TITLE V—DEPARTMENT OF ENERGY section (a) not later than 30 days after the date the National Security Agency shall submit to INTELLIGENCE ACTIVITIES of the enactment of this Act. the appropriate congressional committees a re- SEC. 501. SHORT TITLE. SEC. 310. SUBMITTAL TO CONGRESS OF LISTS ON port in classified and unclassified form describ- This title may be cited as the ‘‘Department of CLASSIFIED INFORMATION REGARD- ing the legal standards employed by elements of ING UNRECOVERED UNITED STATES Energy Sensitive Country Foreign Visitors Mor- the intelligence community in conducting sig- PRISONERS OF WAR AND OTHER atorium Act of 1999’’. PERSONNEL. nals intelligence activities, including electronic surveillance. SEC. 502. MORATORIUM ON FOREIGN VISITORS (a) REQUIREMENT.—(1) The head of each ele- PROGRAM. (b) MATTERS SPECIFICALLY ADDRESSED.—The ment of the United States Government listed in (a) MORATORIUM.—The Secretary of Energy report shall specifically include a statement of section 101 shall submit to the designated con- may not admit to any classified facility of a na- each of the following legal standards: gressional committees a list of all classified doc- tional laboratory any individual who is a cit- (1) The legal standards for interception of uments, files, and other materials under the izen of a nation that is named on the current communications when such interception may re- control of such element that pertain to the sub- Department of Energy sensitive countries list. sult in the acquisition of information from a ject of United States prisoners of war, missing in (b) WAIVER AUTHORITY.—(1) The Secretary of communication to or from United States persons. action personnel, or killed in action personnel Energy may waive the prohibition in subsection (2) The legal standards for intentional tar- whose remains have not been recovered and (a) on a case-by-case basis with respect to spe- geting of the communications to or from United identified. cific individuals whose admission to a national States persons. (2) Each list submitted under paragraph (1) laboratory is determined by the Secretary to be (3) The legal standards for receipt from non- shall— necessary for the national security of the United United States sources of information pertaining (A) for each document, file, or other material States. to communications to or from United States per- contained in the list— (2) Not later than 30 days after granting a sons. (i) specify the date of the preparation or dis- waiver under paragraph (1), the Secretary shall (4) The legal standards for dissemination of semination of the document, file, or material; submit to committees referred to in paragraph (ii) specify the date or dates of any informa- information acquired through the interception (4) a report in writing regarding the waiver. The tion contained in the document, file, or mate- of the communications to or from United States report shall identify each individual for whom rial; and persons. such a waiver was granted and, with respect to (iii) identify the subject matter of the docu- (c) DEFINITION.—As used in this section: each such individual, provide a detailed jus- ment, file, or material; and (1) The term ‘‘intelligence community’’ has the tification for the waiver and the Secretary’s cer- (B) be organized in chronological order ac- meaning given that term under section 3(4) of tification that the admission of that individual cording to the date of the preparation or dis- the National Security Act of 1947 (50 U.S.C. to a national laboratory is necessary for the na- semination of the documents, files, or materials 401a(4)). concerned. (2) The term ‘‘United States persons’’ has the tional security of the United States. (3) The authority of the Secretary under para- (b) DEADLINE.—The lists required by sub- meaning given such term under section 101(i) of graph (1) may not be delegated. section (a) shall be submitted not later than 120 the Foreign Intelligence Surveillance Act of 1978 (4) The committees referred to in this para- days after the date of the enactment of this Act. (50 U.S.C. 1801(i)). graph are the following: (c) ACCESS BY COMMITTEES AND MEMBERS OF (3) The term ‘‘appropriate congressional com- (A) The Committees on Armed Services, Ap- CONGRESS.—A designated congressional com- mittees’’ means the Permanent Select Committee propriations, Commerce, and Energy and Nat- mittee shall, upon request and in accordance on Intelligence and the Committee on the Judici- ural Resources and the Select Committee on In- with regulations of the committee regarding pro- ary of the House of Representatives, and the Se- tection of classified information, make available telligence of the Senate. lect Committee on Intelligence and the Com- (B) The Committees on Armed Services, Ap- any list submitted to the committee under sub- mittee on the Judiciary of the Senate. section (a) to any Member of Congress or com- propriations, Commerce, and Resources and the TITLE IV—CENTRAL INTELLIGENCE mittee of Congress, and to any staff member of Permanent Select Committee on Intelligence of AGENCY a Member of Congress or committee of Congress the House of Representatives. who possesses a security clearance appropriate SEC. 401. IMPROVEMENT AND EXTENSION OF SEC. 503. BACKGROUND CHECKS ON ALL FOR- for access to the list. CENTRAL SERVICES PROGRAM. EIGN VISITORS TO NATIONAL LAB- ORATORIES. (d) DESIGNATED CONGRESSIONAL COMMITTEE (a) SCOPE OF PROVISION OF ITEMS AND SERV- DEFINED.—In this section, the term ‘‘designated ICES.—Subsection (a) of section 21 of the Central Before an individual who is a citizen of a for- congressional committee’’ means the following: Intelligence Agency Act of 1949 (50 U.S.C. 403u) eign nation is allowed to enter a national lab- (1) The Committee on Armed Services and the is amended by striking ‘‘and to other’’ and in- oratory, the Secretary of Energy shall require Select Committee on Intelligence of the Senate. serting ‘‘, nonappropriated fund entities or in- that a security clearance investigation (known (2) The Committee on Armed Services and the strumentalities associated or affiliated with the as a ‘‘background check’’) be carried out on Permanent Select Committee on Intelligence of Agency, and other’’. that individual. the House of Representatives. (b) DEPOSITS IN CENTRAL SERVICES WORKING SEC. 504. REPORT TO CONGRESS. SEC. 311. STUDY OF BACKGROUND CHECKS FOR CAPITAL FUND.—Subsection (c)(2) of that sec- (a) REPORT.—(1) The Director of Central In- EMPLOYEES OF THE DEPARTMENT tion is amended— telligence and the Director of the Federal Bu- OF ENERGY. (1) by amending subparagraph (D) to read as reau of Investigation jointly shall submit to the (a) STUDY OF BACKGROUND CHECK PRAC- follows: committees referred to in subsection (c) a report TICES.—The Secretary of Energy shall conduct a ‘‘(D) Amounts received in payment for loss or on counterintelligence activities at the national study comparing the procedures used by the De- damage to equipment or property of a central laboratories, including facilities and areas at partment for conducting background checks of service provider as a result of activities under the national laboratories at which unclassified employees seeking access to classified informa- the program.’’; work is carried out. tion with the procedures used by the Central In- (2) by redesignating subparagraph (E) as sub- (2) The report shall include— telligence Agency, the National Security Agen- paragraph (F); and (A) a description of the status of counterintel- cy, the Federal Bureau of Investigation, and (3) by inserting after subparagraph (D), as so ligence activities at each of the national labora- other similar departments and agencies of the amended, the following new subparagraph (E): tories; Federal Government for conducting background ‘‘(E) Other receipts from the sale or exchange (B) the net assessment produced under para- checks of such employees. of equipment or property of a central service graph (3); and

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(C) a recommendation as to whether or not the International Emergency Economic Powers (f) REFERENCES.—Any person designated section 502 should be repealed. Act (IEEPA) to target and sanction four spe- under subsection (d) or (e) may be referred to in (3)(A) A net assessment of the foreign visitors cially designated narcotics traffickers and their this Act as a ‘‘specially designated narcotics program at the national laboratories shall be organizations which operate from Colombia. trafficker’’. produced for purposes of the report under this (b) POLICY.—It should be the policy of the SEC. 704. BLOCKING ASSETS. subsection and included in the report under United States to impose economic and other fi- (a) FINDING.—Congress finds that a national paragraph (2)(B). nancial sanctions against foreign international emergency exists with respect to any individual (B) The assessment shall be produced by a narcotics traffickers and their organizations who is a specially designated narcotics traf- panel of individuals with expertise in intel- worldwide. ficker. ligence, counterintelligence, and nuclear weap- SEC. 702. PURPOSE. (b) BLOCKING OF ASSETS.—Except to the ex- ons design matters. The purpose of this title is to provide for the tent provided in section 203(b) of the Inter- (b) DEADLINE FOR SUBMITTAL.—The report re- use of the authorities in the International Emer- national Emergency Economic Powers Act (50 quired by subsection (a) shall be submitted not gency Economic Powers Act to sanction addi- U.S.C. 1702(b)) and in regulations, orders, direc- later than 90 days after the date of the enact- tional specially designated narcotics traffickers tives, or licenses that may be issued pursuant to ment of this Act. operating worldwide. this Act, and notwithstanding any contract en- (c) COMMITTEES.—The committees referred to SEC. 703. DESIGNATION OF CERTAIN FOREIGN tered into or any license or permit granted prior in this subsection are the following: INTERNATIONAL NARCOTICS TRAF- (1) The Committees on Armed Services and to the date of designation of a person as a spe- FICKERS. cially designated narcotics trafficker, there are Appropriations and the Select Committee on In- (a) PREPARATION OF LIST OF NAMES.—Not telligence of the Senate. hereby blocked all property and interests in later than January 1, 2000 and not later than property that are, or after that date come, with- (2) The Committees on Armed Services and January 1 of each year thereafter, the Secretary Appropriations and the Permanent Select Com- in the United States, or that are, or after that of the Treasury, in consultation with the Attor- date come, within the possession or control of mittee on Intelligence of the House of Represent- ney General, Director of Central Intelligence, atives. any United States person, of— Secretary of Defense, and Secretary of State, (1) any specially designated narcotics traf- SEC. 505. DEFINITIONS. shall transmit to the President and to the Direc- ficker; In this title: tor of the Office of National Drug Control Pol- (2) any person who materially and knowingly (1) The term ‘‘national laboratory’’ means any icy a list of those individuals who play a signifi- of the following: assists in, provides financial or technological cant role in international narcotics trafficking support for, or provides goods or services in sup- (A) The Lawrence Livermore National Lab- as of that date. oratory, Livermore, California. port of, the narcotics trafficking activities of a (b) EXCLUSION OF CERTAIN PERSONS FROM specially designated narcotics trafficker; and (B) The Los Alamos National Laboratory, Los LIST.— (3) any person determined by the Secretary of Alamos, New Mexico. (1) IN GENERAL.—Notwithstanding any other the Treasury, in consultation with the Attorney (C) The Sandia National Laboratories, Albu- provision of this section, the list described in General, Director of Central Intelligence, Sec- querque, New Mexico. subsection (a) shall not include the name of any retary of Defense, and Secretary of State, to be (2) The term ‘‘sensitive countries list’’ means individual if the Director of Central Intelligence owned or controlled by, or to act for or on be- the list prescribed by the Secretary of Energy determines that the disclosure of that person’s half of, a specially designated narcotics traf- known as the Department of Energy List of Sen- role in international narcotics trafficking could ficker. sitive Countries. compromise United States intelligence sources or (c) PROHIBITED ACTS.—Except to the extent TITLE VI—FOREIGN COUNTERINTEL- methods. The Director of Central Intelligence provided in section 203(b) of the International LIGENCE AND INTERNATIONAL TER- shall advise the President when a determination Emergency Economic Powers Act or in any reg- RORISM INVESTIGATIONS is made to withhold an individual’s identity ulation, order, directive, or license that may be under this subsection. SEC. 601. EXPANSION OF DEFINITION OF ‘‘AGENT issued pursuant to this Act, and notwith- OF A FOREIGN POWER’’ FOR PUR- (2) REPORTS.—In each case in which the Di- standing any contract entered into or any li- POSES OF THE FOREIGN INTEL- rector of Central Intelligence has made a deter- cense or permit granted prior to the effective LIGENCE SURVEILLANCE ACT OF mination under paragraph (1), the President date, the following acts are prohibited: 1978. shall submit a report in classified form to the Se- Section 101(b)(2) of the Foreign Intelligence lect Committee on Intelligence of the Senate and (1) Any transaction or dealing by a United Surveillance Act of 1978 (50 U.S.C. 1801(b)(2)) is the Permanent Select Committee on Intelligence States person, or within the United States, in amended— of the House of Represent setting forth the rea- property or interests in property of any specially (1) in subparagraph (C), by striking ‘‘or’’ at sons for the determination. designated narcotics trafficker. the end; (d) DESIGNATION OF INDIVIDUALS AS THREATS (2) Any transaction or dealing by a United (2) by redesignating subparagraph (D) as sub- TO THE UNITED STATES.—The President shall de- States person, or within the United States, that paragraph (E); and termine not later than March 1 of each year evades or avoids, has the purpose of evading or (3) by inserting after subparagraph (C) the whether or not to designate persons on the list avoiding, or attempts to violate, subsection (b). following new subparagraph (D): transmitted to the President that year as per- (d) LAW ENFORCEMENT AND INTELLIGENCE AC- ‘‘(D) knowingly enters the United States sons constituting an unusual and extraordinary TIVITIES NOT AFFECTED.—Nothing in this sec- under a false or fraudulent identity for or on threat to the national security, foreign policy, tion is intended to prohibit or otherwise limit behalf of a foreign power or, while in the United and economy of the United States. The Presi- the authorized law enforcement or intelligence States, knowingly assumes a false or fraudulent dent shall notify the Secretary of the Treasury activities of the United States, or the law en- identity for or on behalf of a foreign power; or’’. of any person designated under this subsection. forcement activities of any State or subdivision SEC. 602. FEDERAL BUREAU OF INVESTIGATION If the President determines not to designate any thereof. REPORTS TO OTHER EXECUTIVE person on such list as such a threat, the Presi- (e) IMPLEMENTATION.—The Secretary of the AGENCIES ON RESULTS OF COUN- Treasury, in consultation with the Attorney TERINTELLIGENCE ACTIVITIES. dent shall submit a report to Congress setting forth the reasons therefore. General, Director of Central Intelligence, Sec- Section 811(c)(2) of the Counterintelligence (e) CHANGES IN DESIGNATIONS OF INDIVID- retary of Defense, and Secretary of State, is au- and Security Enhancements Act of 1994 (title UALS.— thorized to take such actions, including the pro- VIII of Public Law 103–359; 108 Stat. 3455; 50 (1) ADDITIONAL INDIVIDUALS DESIGNATED.—If mulgation of rules and regulations, and to em- U.S.C. 402a(c)(2)) is amended by striking ‘‘after at any time after March 1 of a year, but prior ploy all powers granted to the President by the a report has been provided pursuant to para- to January 1 of the following year, the Presi- International Emergency Economic Powers Act graph (1)(A)’’. dent determines that a person is playing a sig- as may be necessary to carry out this section. TITLE VII—BLOCKING ASSETS OF MAJOR nificant role in international narcotics traf- The Secretary of the Treasury may redelegate NARCOTICS TRAFFICKERS ficking and has not been designated under sub- any of these functions to any other officer or SEC. 701. FINDING AND POLICY. section (d) as a person constituting an unusual agency of the United States Government. Each (a) FINDING.—Congress makes the following and extraordinary threat to the national secu- agency of the United States shall take all appro- findings: rity, foreign policy, and economy of the United priate measures within its authority to carry out (1) Presidential Decision Directive 42, issued States, the President may so designate the per- this section. on October 21, 1995, ordered agencies of the ex- son. The President shall notify the Secretary of (f) ENFORCEMENT.—Violations of licenses, or- ecutive branch of the United States Government the Treasury of any person designated under ders, or regulations under this Act shall be sub- to, inter alia, increase the priority and resources this paragraph. ject to the same civil or criminal penalties as are devoted to the direct and immediate threat inter- (2) REMOVAL OF DESIGNATIONS OF INDIVID- provided by section 206 of the International national crime presents to national security, UALS.—Whenever the President determines that Emergency Economic Powers Act (50 U.S.C. work more closely with other governments to de- a person designated under subsection (d) or 1705) for violations of licenses, orders, and regu- velop a global response to this threat, and use paragraph (1) of this subsection no longer poses lations under that Act. aggressively and creatively all legal means an unusual and extraordinary threat to the na- (g) DEFINITIONS.—In this section: available to combat international crime. tional security, foreign policy, and economy of (1) ENTITY.—The term ‘‘entity’’ means a part- (2) Executive Order No. 12978 of October 21, the United States, the person shall no longer be nership, association, corporation, or other orga- 1995, provides for the use of the authorities in considered as designated under that subsection. nization, group or subgroup.

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(2) NARCOTICS TRAFFICKING.—The term ‘‘nar- (g) INITIAL ORGANIZATION REQUIREMENTS.— form its duties. The appointment of a staff di- cotics trafficking’’ means any activity under- (1) All appointments to the Commission shall be rector shall be subject to the approval of the taken illicitly to cultivate, produce, manufac- made not later than 45 days after the date of the Commission. ture, distribute, sell, finance, or transport, or enactment of this Act. (2) The chairman of the Commission may fix otherwise assist, abet, conspire, or collude with (2) The Commission shall convene its first the pay of the staff director and other personnel others in illicit activities relating to, narcotic meeting not later than 30 days after the date as without regard to the provisions of chapter 51 drugs, including, but not limited to, heroin, of which all members of the Commission have and subchapter III of chapter 53 of title 5, methamphetamine and cocaine. been appointed, but not earlier than October 15, United States Code, relating to classification of (3) PERSON.—The term ‘‘person’’ means an in- 1999. positions and General Schedule pay rates, ex- dividual or entity. SEC. 802. DUTIES OF COMMISSION. cept that the rate of pay fixed under this para- graph for the staff director may not exceed the (4) UNITED STATES PERSON.—The term ‘‘United (a) REVIEW OF BALLISTIC MISSILE THREAT.— rate payable for level V of the Executive Sched- States person’’ means any United States citizen The Commission shall assess the nature and ule under section 5316 of such title and the rate or national, permanent resident alien, entity or- magnitude of the existing and emerging ballistic of pay for other personnel may not exceed the ganized under the laws of the United States (in- missile threat to the Russian Federation. maximum rate payable for grade GS–15 of the cluding foreign branches), or any person in the (b) COOPERATION FROM GOVERNMENT OFFI- General Schedule. United States. CIALS .—In carrying out its duties, the Commis- (d) DETAIL OF GOVERNMENT EMPLOYEES.— SEC. 705. DENIAL OF VISAS TO AND INADMIS- sion should receive the full and timely coopera- SIBILITY OF SPECIALLY DES- Upon request of the chairman of the Commis- tion of the Secretary of Defense, the Director of sion, the head of any Federal department or IGNATED NARCOTICS TRAFFICKERS. Central Intelligence, and any other United (a) PROHIBITION.—The Secretary of State agency may detail, on a nonreimbursable basis, States Government official responsible for pro- any personnel of that department or agency to shall deny a visa to, and the Attorney General viding the Commission with analyses, briefings, may not admit to the United States— the Commission to assist it in carrying out its and other information necessary for the fulfill- duties. (1) any specially designated narcotics traf- ment of its responsibilities. ficker; or (e) PROCUREMENT OF TEMPORARY AND INTER- (2) any alien who the consular officer or the SEC. 803. REPORT. MITTENT SERVICES.—The chairman of the Com- Attorney General knows or has reason to be- The Commission shall, not later than six mission may procure temporary and intermittent services under section 3109(b) of title 5, United lieve— months after the date of its first meeting, submit (A) is a spouse or minor child of a specially to Congress a report on its findings and conclu- States Code, at rates for individuals which do not exceed the daily equivalent of the annual designated narcotics trafficker; or sions. rate of basic pay payable for level V of the Exec- (B) is a person described in paragraph (2) or SEC. 804. POWERS. utive Schedule under section 5316 of such title. (3) of section 704(b). (a) HEARINGS.—The Commission or, at its di- (b) EXCEPTIONS.—Subsection (a) shall not rection, any panel or member of the Commission, TITLE IX—AGENCY FOR NUCLEAR apply— may, for the purpose of carrying out the provi- STEWARDSHIP (1) where the Secretary of State finds, on a sions of this title, hold hearings, sit and act at SEC. 901. DEPARTMENT OF ENERGY NUCLEAR SE- case-by-case basis, that the entry into the times and places, take testimony, receive evi- CURITY. United States of the person is necessary for med- dence, and administer oaths to the extent that (a) Section 202(a) of the Department of Energy ical reasons; the Commission or any panel or member con- Organization Act (referred to in this section as (2) upon the request of the Attorney General, siders advisable. the ‘‘Act’’) is amended by striking the second Director of Central Intelligence, Secretary of the (b) INFORMATION.—The Commission may se- sentence and inserting ‘‘The Secretary shall del- Treasury, or the Secretary of Defense; or cure directly from the Department of Defense, egate to the Deputy Secretary such duties as the (3) for purposes of the prosecution of a spe- the Central Intelligence Agency, and any other Secretary may prescribe unless such delegation cially designated narcotics trafficker. Federal department or agency information that is otherwise prohibited by law, and the Deputy the Commission considers necessary to enable Secretary shall act for and exercise the func- TITLE VIII—COMMISSION TO ASSESS THE tions of the Secretary during the absence or dis- BALLISTIC MISSILE THREAT TO THE the Commission to carry out its responsibilities under this title. ability of the Secretary or in the event the office RUSSIAN FEDERATION of the Secretary becomes vacant.’’. SEC. 801. ESTABLISHMENT OF COMMISSION. SEC. 805. COMMISSION PROCEDURES. (b) Section 202(b) of the Act is amended by (a) ESTABLISHMENT.—There is hereby estab- (a) MEETINGS.—The Commission shall meet at striking the first two sentences and inserting lished a commission to be known as the ‘‘Com- the call of the Chairman. ‘‘There shall be in the Department two Under mission to Assess the Ballistic Missile Threat to (b) QUORUM.—(1) Five members of the Com- Secretaries and a General Counsel, who shall be the Russian Federation’’ (hereinafter in this mission shall constitute a quorum other than for appointed by the President, by and with the ad- title referred to as the ‘‘Commission’’). the purpose of holding hearings. vice and consent of the Senate. One Under Sec- (b) COMPOSITION.—The Commission shall be (2) The Commission shall act by resolution retary shall be the Under Secretary for Nuclear composed of nine members appointed by the Di- agreed to by a majority of the members of the Stewardship. The other Under Secretary shall rector of Central Intelligence. In selecting indi- Commission. bear primary responsibility for science, energy viduals for appointment to the Commission, the (c) COMMISSION.—The Commission may estab- (including energy conservation), and environ- Director should consult with— lish panels composed of less than full member- mental functions.’’. (1) the Speaker of the House of Representa- ship of the Commission for the purpose of car- (c) After section 212 of the Act add the fol- tives concerning the appointment of three of the rying out the Commission’s duties. The actions lowing new section: members of the Commission; of each such panel shall be subject to the review ‘‘AGENCY FOR NUCLEAR STEWARDSHIP and control of the Commission. Any findings (2) the majority leader of the Senate con- ‘‘SEC. 213(a) There shall be within the Depart- and determinations made by such a panel shall cerning the appointment of three of the members ment a separately organized Agency for Nuclear not be considered the findings and determina- of the Commission; and Stewardship under the direction, authority, and tions of the Commission unless approved by the (3) the minority leader of the House of Rep- control of the Secretary, to be headed by the Commission. resentatives and the minority leader of the Sen- Under Secretary for Nuclear Stewardship who (d) AUTHORITY OF INDIVIDUALS TO ACT FOR ate concerning the appointment of three of the shall also serve as Director of the Agency. members of the Commission. COMMISSION.—Any member or agent of the Com- ‘‘(b) The Under Secretary for Nuclear Stew- (c) QUALIFICATIONS.—Members of the Commis- mission may, if authorized by the Commission, ardship shall be a person who has an extensive sion shall be appointed from among private take any action which the Commission is au- background in national security, organizational United States citizens with knowledge and ex- thorized to take under this title. management and appropriate technical fields, pertise in the political and military aspects of SEC. 806. PERSONNEL MATTERS. and is especially well qualified to manage the proliferation of ballistic missiles and the ballistic (a) PAY OF MEMBERS.—Members of the Com- nuclear weapons, nonproliferation and fissile missile threat to the Russian Federation. mission shall serve without pay by reason of materials disposition programs of the Depart- (d) CHAIRMAN.—The Speaker of the House of their work on the Commission. ment in a manner that advances and protects Representatives, after consultation with the ma- (b) TRAVEL EXPENSES.—The members of the the national security of the United States. jority leader of the Senate and the minority Commission shall be allowed travel expenses, in- ‘‘(c) The Secretary shall be responsible for all leaders of the House of Representatives and the cluding per diem in lieu of subsistence, at rates policies of the Agency. The Under Secretary for Senate, shall designate one of the members of authorized for employees of agencies under sub- Nuclear Stewardship shall report solely and di- the Commission to serve as chairman of the chapter I of chapter 57 of title 5, United States rectly to the Secretary and shall be subject to Commission. Code, while away from their homes or regular the supervision and direction of the Secretary. (e) PERIOD OF APPOINTMENT; VACANCIES.— places of business in the performance of services The Secretary shall have a staff adequate to ful- Members shall be appointed for the life of the for the Commission. fill the responsibility to set policies throughout Commission. Any vacancy in the Commission (c) STAFF.—(1) The chairman of the Commis- the Department including establishing policies shall be filled in the same manner as the origi- sion may, without regard to the provisions of governing the Agency for Nuclear Stewardship. nal appointment. title 5, United States Code, governing appoint- The Secretary’s staff, including but not limited (f) SECURITY CLEARANCES.—All members of the ments in the competitive service, appoint a staff to the General Counsel and the Chief Financial Commission shall hold appropriate security director and such additional personnel as may Officer, shall assist the Secretary in the super- clearances. be necessary to enable the Commission to per- vision of the development and implementation of

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 6333 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8938 CONGRESSIONAL RECORD — SENATE July 21, 1999 policies set forth by the Secretary and shall ad- Chief appointed by the Under Secretary for Nu- ‘‘(n) The Under Secretary for Nuclear Stew- vise the Secretary on the adequacy of such de- clear Stewardship. There shall be a: ardship shall maintain within the Agency staff velopment and implementation. The Secretary ‘‘(1) Chief of Nuclear Stewardship Counter- sufficient to implement the policies of the Sec- may not delegate to any Department official, intelligence, who shall report to the Under Sec- retary and Under Secretary for Nuclear Stew- other than the Deputy Secretary, the duty to retary and implement the counterintelligence ardship for the Agency. At a minimum these supervise or direct the Under Secretary for Nu- policies directed by the Secretary and Under staff shall be responsible for— clear Stewardship. Secretary. The Chief of Nuclear Stewardship ‘‘(1) personnel; ‘‘(d) The Secretary may direct other officials Counterintelligence shall have direct access to ‘‘(2) legal services; and of the Department who are not within the Agen- the Secretary and all other officials of the De- ‘‘(3) financial management. cy for Nuclear Stewardship to review the Agen- partment and its contractors concerning coun- ‘‘(o)(1) The Secretary shall ensure that other cy’s programs and to make recommendations to terintelligence matters and shall be responsible programs of the Department, other Federal the Secretary regarding the administration of for— agencies, and other appropriate entities con- such programs, including consistency with other ‘‘(A) the development and implementation of tinue to use the capabilities of the national se- similar programs and activities in the Depart- the Agency’s counterintelligence programs to curity laboratories. ment. prevent the disclosure or loss of classified or ‘‘(2) The Under Secretary, under the direction, ‘‘(e) The Secretary shall assign to the Under other sensitive information; and authority, and control of the Secretary, shall, Secretary for Nuclear Stewardship direct au- ‘‘(B) the development and administration of consistent with the effective discharge of the thority over and responsibility for— personnel assurance programs within the Agen- Agency’s responsibilities, make the capabilities ‘‘(1) all programs and activities of the Depart- cy for Nuclear Stewardship. of the national security laboratories available to ment related to its national security functions, ‘‘(2) Chief of Nuclear Stewardship Security, the entities in paragraph (1) in a manner that including nuclear weapons, nonproliferation who shall report to the Under Secretary and continues to provide direct programmatic control and fissile materials disposition; and shall implement the security policies directed by by such entities. ‘‘(2) all activities at the Department’s national the Secretary and Under Secretary. The chief of ‘‘(p)(1) Not later than March 1 of each year security laboratories, and nuclear weapons pro- Nuclear Stewardship Security shall have direct the Under Secretary for Nuclear Stewardship duction facilities. access to the Secretary and all other officials of shall submit through the Secretary to the Direc- ‘‘(f) The Secretary shall assign to the Under the Department and its contractors concerning tor of Central Intelligence, the Director of the Secretary for Nuclear Stewardship direct au- security matters and shall be responsible for the Federal Bureau of Investigation, the Senate and thority over and responsibility for all executive development and implementation of security the House of Representatives, a report on the and administrative operations and functions of programs for the Agency including the protec- status and effectiveness of the security and the Agency for Nuclear Stewardship (except for tion, control and accounting of materials, and counterintelligence programs of the Agency for the authority and responsibility assigned to the the physical and cybersecurity for all facilities Nuclear Stewardship during the preceding year. Deputy Director for Naval Reactors), including in the Agency. ‘‘(2) The report shall provide information on— but not limited to— ‘‘(3) Chief of Nuclear Stewardship Intel- ‘‘(A) the status and effectiveness of security ‘‘(1) strategic management; ligence, who shall be a senior executive service and counterintelligence programs at each nu- ‘‘(2) policy development and guidance; employee of the Agency or an agency of the in- clear weapons production facility, national se- ‘‘(3) budget formulation and guidance; telligence community who shall report to the curity laboratory, or any other facility or insti- ‘‘(4) resource requirements determination and Under Secretary and shall have direct access to tution at which classified nuclear weapons work allocation; the Secretary and all other officials of the De- is performed; ‘‘(5) program direction; partment and its contractors concerning intel- ‘‘(B) the adequacy of procedures and policies ‘‘(6) safeguards and security; ligence matters and shall be responsible for all for protecting national security information at ‘‘(7) emergency management; each nuclear weapons production facility, na- ‘‘(8) integrated safety management; programs and activities of the Agency relating tional security laboratory, or any other facility ‘‘(9) environment, safety, and health oper- to the analysis and assessment of intelligence or institution at which classified nuclear weap- ations (except those environmental remediation with respect to foreign nuclear weapons, mate- ons work is performed; and nuclear waste management activities and rials, and other nuclear matters in foreign na- ‘‘(C) whether each nuclear weapons produc- facilities that the Secretary determines are best tions. ‘‘(j)(1) The Under Secretary shall, with the tion facility, national security laboratory, or managed by other officials of the Department); ‘‘(10) administration of contracts, including approval of the Secretary and the Director of other facility or institution at which classified those for the management and operation of the the Federal Bureau of Investigation, designate nuclear weapons work is performed is in full nuclear weapons production facilities and the the chief of Counterintelligence who shall have compliance with all security and counterintel- national security laboratories; special expertise in counterintelligence. ligence requirements, and if not what measures ‘‘(11) intelligence; ‘‘(2) If such person is a Federal employee of are being taken or are in place to bring such fa- ‘‘(12) counterintelligence; an entity other than the Agency, the service of cility, laboratory, or institution into compliance; ‘‘(13) personnel, including their selection, ap- such employee as Chief shall not result in any ‘‘(D) any significant violation of law, rule, pointment, distribution, supervision, fixing of loss of employment status, right, or privilege by regulation, or other requirement relating to se- compensation, and separation; such employee. curity or counterintelligence at each nuclear ‘‘(14) procurement of services of experts and ‘‘(k) All personnel of the Agency for Nuclear weapons production facility, national security consultants in accordance with section 3109 of Stewardship, in carrying out any function of laboratory, or any other facility or institution at title 5, United States Code; and the Agency, shall be responsible to, and subject which classified nuclear weapons work is per- ‘‘(15) legal matters. to the supervision and direction of, the Sec- formed; ‘‘(g) There shall be within the Agency three retary and the Under Secretary for Nuclear ‘‘(E) each foreign visitor or assignee, the na- Deputy Directors, each of whom shall be ap- Stewardship or his designee within the Agency, tional security laboratory, nuclear weapons pro- pointed by the President, by and with the ad- and shall not be responsible to, or subject to the duction facility, or other facility or institution vice and consent of the Senate, who shall be supervision or direction of, any other officer, at which classified nuclear weapons work is per- compensated at the rate provided for at level IV employee, or agent of any other part of the De- formed, visited, the purpose and justification for of the Executive Schedule under section 5315 of partment. Such supervision and direction of any the visit, the duration of the visit, whether the title 5 (except the Deputy Director for Naval Re- Director or contract employee of a national se- visitor or assignee had access to classified or actors when an active duty naval officer). There curity laboratory or of a nuclear weapons pro- sensitive information or facilities, and whether shall be a Deputy Director for each of the fol- duction facility shall not interfere with commu- a background check was performed on such vis- lowing functions— nication to the Department, the President, or itor prior to such visit; and ‘‘(1) defense programs; Congress, of technical findings or technical as- ‘‘(F) such other matters and recommendations ‘‘(2) nonproliferation and fissile materials dis- sessments derived from, and in accord with, to Congress as the Under Secretary deems ap- position; and duly authorized activities. The Under Secretary propriate. ‘‘(3) naval reactors. for Nuclear Stewardship shall have responsi- ‘‘(3) Each report required by this subsection ‘‘(h) The Deputy Director for Naval Reactors bility and authority for, and may use, an appro- shall be submitted in unclassified form, but may shall report to the Secretary of Energy through priate field structure for the programs and ac- include a classified annex. the Under Secretary for Nuclear Stewardship tivities of the Agency. ‘‘(4) Thirty days prior to the submission of the and have direct access to the Secretary and ‘‘(l) The Under Secretary for Nuclear Stew- report required by subsection (p)(1), but in any other senior officials of the Department, and ardship shall delegate responsibilities to the event no later than February 1 of each year, the shall be assigned the responsibilities, authori- Deputy Directors except that the responsibil- director of each Department of Energy national ties, and accountability for all functions of the ities, authorities and accountability of the Dep- security laboratory and nuclear weapons pro- Office of Naval Reactors as described by the ref- uty Director for Naval Reactors are as described duction facility shall certify in writing to the erence in section 1634 of Public Law 98–525. Ex- in subsection (h). Under Secretary for Nuclear Stewardship cept as specified in subsection (g) and this sub- ‘‘(m) The Directors of the national security whether that laboratory or facility is in full section, all other provisions described by the ref- laboratories and the heads of the nuclear weap- compliance with all national security informa- erence in section 1634 of Public Law 98–525 re- ons production facilities and the Nevada Test tion protection requirements. If the laboratory main in full force until changed by law. Site shall report, consistent with their contrac- or facility is not in full compliance, the director ‘‘(i) There shall be within the Agency three of- tual obligations, directly to the Deputy Director of the laboratory or facility shall report on why fices, each of which shall be administered by a for Defense Programs. it is not in compliance, what measures are being

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 6333 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8939 taken to bring it into compliance, and when it rity, counterintelligence and intelligence poli- ORDER OF PROCEDURE will be in compliance. cies, and may use his immediate staff to assist Mr. LEAHY. Mr. President, under the ‘‘(q) The Under Secretary for Nuclear Stew- him in developing and promulgating such poli- ardship shall keep the Secretary, the Committees cies. The Under Secretary for Nuclear Steward- previous order, I am to reclaim the on Armed Services of the Senate and House of ship is responsible for implementation of all se- floor, is that correct? Representatives, the Committee on Energy and curity, counterintelligence and intelligence poli- The PRESIDING OFFICER. The Sen- Natural Resources of the Senate, the Committee cies within the Agency for Nuclear Stewardship. ator is correct. on Governmental Affairs of the Senate, the The Under Secretary for Nuclear Stewardship Mr. LEAHY. Mr. President, on the ju- Committee on Commerce of the House of Rep- may establish agency-specific policies unless dis- venile justice bill, the reason why I resentatives, the Select Committee on Intel- approved by the Secretary. have encouraged the leadership to ligence of the Senate, and the Permanent Select ‘‘(w) In addition to any personnel occupying move as quickly as they are able to— Committee on Intelligence of the House of Rep- senior-level positions in the Department on the and I say, in regard to what the distin- resentatives fully and currently informed re- date of enactment of this section, there shall be guished Senator from Mississippi said garding any actual or potential significant within the Agency not more than 25 additional earlier, I also know if he were to make threat to, or loss of, national security informa- employees in senior-level positions, as defined tion, unless such information has already been by title 5, United States Code, who shall be em- the same request I made, he could face reported to the Senate Select Committee on In- ployed by the Agency for Nuclear Stewardship an objection. What I am urging is that telligence and the House Permanent Select Com- and who shall perform such functions as the we find a way to move forward because mittee on Intelligence pursuant to the National Under Secretary for Nuclear Stewardship shall to have the full impact in the United Security Act of 1947, as amended. prescribe from time to time.’’. States of our juvenile justice bill, ‘‘(r) Personnel of the Agency for Nuclear (d) Within 180 days of the date of enactment which passed by a 3-to-1 margin in the Stewardship who have reason to believe that of this Act, the Secretary shall report to the Senate, we have to get it on the Presi- there is a problem, abuse, violation of law or ex- Senate and the House of Representatives on the dent’s desk in its final form before the ecutive order, or deficiency relating to the man- adequacy of the Department’s procedures and August recess so there is some chance agement of classified information shall promptly policies for protecting national security informa- of moving before school goes back in report such problem, abuse, violation, or defi- tion, including national security information at ciency to the Under Secretary for Nuclear Stew- the Department’s laboratories, nuclear weapons this fall. All of us, whether we are par- ardship. facilities and other facilities, making such rec- ents, grandparents, teachers, or policy- ‘‘(s)(1) The Under Secretary for Nuclear Stew- ommendations to Congress as may be appro- makers, have been puzzling over the ardship shall not be required to obtain the ap- priate. causes of children turning violent in proval of any officer or employee of the Depart- (e) The following technical and conforming our country. ment of Energy, except the Secretary, or any of- amendments are made: Certainly all of us in our lifetimes ficer or employee of any other Federal agency or (1) Section 5314 of title 5, United States Code, have seen random acts of violence department for the preparation or delivery of is amended by striking ‘‘Under Secretary, De- somewhere in the country. I don’t any report required by this section. partment of Energy’’ and inserting ‘‘Under Sec- think any of us have seen the severity ‘‘(2) No officer or employee of the Department retaries of Energy (2), one of whom serves as the or the number, almost a regularity, of of Energy or any other Federal agency or de- Director, Agency for Nuclear Stewardship’’. partment may delay, deny, obstruct or otherwise (2) Section 202(b) of the Act is amended in the violence we are seeing today. The root interfere with the preparation of any report re- third sentence by striking ‘‘Under Secretary’’ causes are likely multifaceted, and we quired by this section. and inserting ‘‘Under Secretaries’’. know that. But the Hatch-Leahy juve- ‘‘(t) For purposes of this section— (3) Section 212 of the Act is amended by strik- nile justice bill is a firm and signifi- ‘‘(1) the term ‘personnel of the Agency for Nu- ing subsection 212(b) and redesignating sub- cant step in the right direction. Pas- clear Stewardship’ means each officer or em- section 212(c) as subsection 212(b). sage of this bill shows when the Senate ployee within the Department of Energy, and (4) Section 309 of the Act is amended by strik- rolls up its sleeves and gets to work, any officer or employee of any contractor of the ing ‘‘Assistant Secretary to whom the Secretary we can make significant progress. But Department (pursuant to the terms of the con- has assigned the functions listed in section that progress amounts to naught if the tract), whose— 203(a)(2)(E)’’ and inserting ‘‘Under Secretary ‘‘(A) responsibilities include carrying out a for Nuclear Stewardship’’. House and Senate do not conference function of the Agency for Nuclear Stewardship; (5) The table of contents of the Act is amended and proceed to final passage on a good or by inserting after the item relating to section 212 bill. ‘‘(B) employment is funded primarily under the following new item: Once conferees are appointed, there the— ‘‘Sec. 213. Agency for Nuclear Stewardship.’’. will be another point in the legislative ‘‘(i) Weapons Activities; or process where we will have to roll up Mr. SHELBY. Mr. President, I ask ‘‘(ii) Nonproliferation, Fissile Materials Dis- our sleeves to work out differences be- position or Naval Reactors portions of the Other consent that the Senate insist on its tween the House- and Senate-passed Defense Activities budget functions of the De- amendment, request a conference with partment; legislation. the House, and the Chair be authorized Every parent in this country is con- ‘‘(2) the term ‘nuclear weapons production fa- to appoint conferees on the part of the cility’ means the following facilities— cerned this summer about school vio- ‘‘(A) the Kansas City Plant, Kansas City, Senate. lence over the last 2 years. They are Missouri; The PRESIDING OFFICER. Without worried about the situation they are ‘‘(B) the Pantex Plant, Amarillo, Texas; objection, it is so ordered. going to confront this fall. Each of us ‘‘(C) the Y–12 Plant, Oak Ridge, Tennessee; The PRESIDING OFFICER (Mr. wants to do something to stop that vio- ‘‘(D) the tritium operations facilities at the ABRAHAM) appointed Mr. SHELBY, Mr. lence. There is no single cause and Savannah River Site, Aiken, South Carolina; CHAFEE, Mr. LUGAR, Mr. DEWINE, Mr. ‘‘(E) the Nevada Test Site, Nevada; and there is no single legislative solution KYL, Mr. INHOFE, Mr. HATCH, Mr. ROB- ‘‘(F) any other facility the Secretary des- that will cure the ill of youth violence ignates. ERTS, Mr. ALLARD, Mr. WARNER, Mr. in our schools or on our streets. But we ‘‘(3) the term ‘national security laboratory’ KERREY of Nebraska, Mr. BRYAN, Mr. have an opportunity before us to at means the following laboratories— GRAHAM of Florida, Mr. KERRY of Mas- least start to do something, to do our ‘‘(A) the Los Alamos National Laboratory, sachusetts, Mr. BAUCUS, Mr. ROBB, Mr. part. Now, it is unfortunate we are not Los Alamos, New Mexico; LAUTENBERG, and Mr. LEVIN; from the moving full speed ahead to seize this ‘‘(B) the Lawrence Livermore National Lab- Committee on Armed Services, Mr. oratory, Livermore, California; and opportunity to act on balanced, effec- WARNER, conferees on the part of the ‘‘(C) the Sandia National Laboratories, Albu- tive juvenile justice legislation. querque, New Mexico, and Livermore, Cali- Senate. We should not repeat the delays that fornia. Mr. SHELBY. Mr. President, I sug- happened in the last Congress on the ‘‘(u) The Agency for Nuclear Stewardship gest the absence of a quorum. juvenile justice legislation. In the 105th shall comply with all applicable environmental, The PRESIDING OFFICER. The Congress, the Senate Judiciary Com- safety, and health statutes and substantive re- clerk will call the roll. mittee reported juvenile justice legis- quirements. The Under Secretary for Nuclear The legislative clerk proceeded to lation in July 1997, but then it was left Stewardship shall develop procedures for meet- call the roll. to languish for over a year until the ing such requirements. Nothing in this section Mr. LEAHY. Mr. President, I ask very end of that Congress. In fact, seri- shall diminish the authority of the Secretary to ascertain and ensure that such compliance oc- unanimous consent that the order for ous efforts to make improvements to curs. the quorum call be rescinded. this bill did not even occur until the ‘‘(v) The Secretary shall be responsible for de- The PRESIDING OFFICER. Without last weeks of that Congress, when it veloping and promulgating departmental secu- objection, it is so ordered. was too late and we ran out of time.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8940 CONGRESSIONAL RECORD — SENATE July 21, 1999 The experience of the last Congress weeks ago. We did our work. They did They spent nights here. And they spent causes me to be wary of this delay in their work. And when our friend, the weekends here, all at the expense of action on this legislation this year. I majority leader, says we are dragging their families. I, for one, am extraor- want to be assured that after the hard our feet, we certainly didn’t drag our dinarily appreciative of that. work so many Senators put into feet on the juvenile justice bill. PRIVILEGE OF THE FLOOR crafting a juvenile justice bill, that we I ask my friend if he agrees that we Let me mention a few folks. I ask go to a House-Senate conference that is have not dragged our feet on that bill unanimous consent that all of these fair, full, and productive. We have and that we have acted as we should. people be granted full floor privileges worked too hard in the Senate for a God knows, we want to make sure we during the consideration of this bill. strong, bipartisan juvenile justice bill do something to make things better. Jim Morhard, of course, who is the to simply shrug our shoulders when the As I see it, on June 23, 1999, this bill clerk of the staff and chief operating House returns a juvenile justice bill was placed on the calendar. No one is officer, Paddy Link, Kevin Linskey, rather than proceeding to a conference. dragging their feet on this bill. Both Eric Harnischfeger, Clayton Heil, Dana I will be vigilant in working to main- Houses have done their work, and it is Quam, Meg Burke, Vas Alexopoulos, tain this bipartisanship and to press time to move forward to avoid another Jackie Cooney, Brian McLachlan, Lila for action on this important legisla- tragedy. Helms, Emelie East, and Tim Harding. tion. I ask my friend if he agrees with These folks work incredible hours. We To this end, I circulated yesterday to that. very much appreciate it. the distinguished chairman of the Judi- Mr. LEAHY. The Senator from Cali- Mr. President, this bill recommends a ciary Committee the unanimous con- fornia is correct. We have moved very total of $35.3 billion in spending for the sent request that I made. It lays out a quickly on it. I hope we do not run into fiscal year 2000. The bill provides, how- simple road map for us to proceed to a the situation that happened last year. ever, $918 million less than was appro- juvenile justice conference before the We spent a lot of time on the juvenile priated in fiscal year 1999. August recess and before the new justice bill, and then it languished and In fact, if you include in it the fact school year begins. I understand the languished after coming out of com- that we have had the significant in- unanimous consent request cannot be mittee. It sat so long that by the time crease in the amount of money that is accepted tonight, but if we could ac- we got to it, the time of the session ran being spent on the census over what cept this, or a form of it, this is what out. In fact, the end of the Congress was spent last year, because we are headed into a census period, the real it would do: ran out. We would take up the House juvenile Here we are not right at the end of a reduction below last year’s spending in justice bill, H.R. 1501; we would sub- Congress, but we are facing a school this bill is closer to about $2.6 billion. It is, of course, significantly less than stitute the Hatch-Leahy bill, S. 254, year, and we should begin. the President’s request. amended to eliminate the provision I promised the distinguished senior Much of this reduction, however, banning the import of high-capacity Senator from New Hampshire that I from the President’s request, is the re- ammunition clips; pass the bill as would wrap up. I believe I have sult of the fact that we decided not to amended; request a conference with the wrapped up. fund advanced appropriations, some- House; instruct the conferees to in- Mr. GREGG. I thank the Senator thing I very much oppose, and I think clude in the conference report the from Vermont. is bad policy. The President included in eliminated provision on high-capacity The PRESIDING OFFICER (Mr. his budget request advanced funding ammunition clips—put it back in, be- SMITH of Oregon). The Senator from requests of considerable amounts. We cause parliamentarily it would be al- New Hampshire. simply did not proceed with those. lowed—and we would authorize the f In fact, his advanced funding initia- Chair to appoint conferees. tives covered 6 years out. So I hope the The fact that the House returned the DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDI- President won’t be putting out press Senate juvenile justice bill to us is not statements that we are ‘‘denying’’ him an insurmountable obstacle to get to CIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2000 something. When we get to those years, conference on this important issue. we will take a hard look at his request This unanimous consent—or a form of Mr. GREGG. Mr. President, I ask the and, hopefully, be able to address them it—would lay out a simple procedure Chair to lay before the Senate Calendar in a way that we can agree on them, for us to get to conference promptly, No. 153, the fiscal year 2000 Commerce, should we all be in our present posi- and the majority has the power to say: Justice, and State appropriations bill. tions. We agree, let’s go to conference. The PRESIDING OFFICER. The The Committee chose not to add a We know only too well that when it clerk will report. great deal of money for many of the is something that has the commercial The legislative assistant read as fol- President’s requests that are new ini- interests of Y2K liability protection, lows: tiatives. We instead took a very strong, we can go over what seem to be insur- A bill (S. 1217) making appropriations for fiscally conservative approach. We stay mountable obstacles and enact legisla- the Departments of Commerce, Justice, and within our budget allocation, which tion into law. There is no commercial State, the Judiciary, and related agencies for was $918 million below last year’s level. interest. There is certainly far more. It the fiscal year ending September 30, 2000, and The Administration’s proposed pro- is the safety of our children. It is al- for other purposes. grammatic spending increased by 29.5 lowing our children to have a youth. It There being no objection, the Senate percent over last year’s enacted budg- is allowing our children to go to proceeded to consider the bill. et. We decided that was a mistake. school, as we did, in safety. It is allow- Mr. GREGG. Mr. President, I bring Ironically, considering the amount of ing our children to learn, to be young before the Senate today, on behalf of the increase, the President’s budget people, and not to be forced to grow up myself, the Senator from South Caro- still underfunded what we considered in violence. lina, and members of the Appropria- to be critical functions of these agen- It is a gift we could give to the chil- tions Committee, the bill to fund the cies under our jurisdiction. dren of America. It is something we Departments of Commerce, Justice, Specifically, the Border Patrol was could do before they go back to school. and State, the judiciary, and related underfunded by $185 million; and tar- It is something we should do. agencies, which I want to spend some geted programs that the Committee re- Mrs. BOXER. Mr. President, will the time discussing. lies upon, such as the State and local Senator yield for a question? But before I do that, let me begin by law enforcement block grants, cut by Mr. LEAHY. Yes. thanking, for the extraordinary $522 million; juvenile crime funding by Mrs. BOXER. It is a very brief ques- amount of work and effort that they $250 million; and State prison grants by tion. put into this bill, my staff and the staff $665 million. These were all reductions I have just gone over with my col- of the Senator from South Carolina. in the President’s budget, even though league and some of our staff the fact They have put in so many hours. It is the President’s budget was a high num- that the House sent this bill over 3 incredible. They spent evenings here. ber.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8941 So we took the President’s budget, Center for Missing and Exploited Chil- strongly about. We have funded this and we tried to work with it, and we dren, significant amounts of dollars, aggressively over the last few years. put our priorities in place. I think we increases over last year. We will continue to fund this area ag- have come up with an excellent bill We don’t want to reinvent the wheel. gressively. The bill includes $283 mil- considering the tightness of the alloca- We think there are programs out there lion to combat violence against tion and the pressures which are on us. working. Rather than trying to re- women. The funding continues special We had to reevaluate our priorities in invent the wheel, we are saying to the grants started last year at the sugges- light of that. programs, ‘‘Let us help you.’’ They are tion of Senator WELLSTONE for colleges The Justice Department is, of course, the professionals, and they know how to have funds available to address the single biggest area in our bill. It is to do this. They have a track record of threats against women on campuses. a big number. It represents, obviously, doing it well, such as the Boys and We have Indian initiatives in the bill, a significant part of the responsibility Girls Club, Big Brothers and Big Sis- including the Indian Country Law En- of the Federal Government. It has ters, the National Center for Missing forcement Initiative. These have most- within it agencies such as the FBI, and Exploited Children. Let us support ly been done at the suggestion of Sen- DEA, INS, U.S. Attorneys Office, and you. We have done that in this bill. I ator CAMPBELL, who is the head of the many other subagencies that do an ex- named those three agencies; there are Indian Affairs Subcommittee, and is ceptional job of protecting our country others. also on this Committee. He has had and making us a safe nation in which We also escalated the effort in the great ideas. to live. area of the Office of Juvenile Justice We have initiatives in the area of We have attempted to show our con- and Delinquency Prevention to a level DNA identification. A long-standing effort of the Com- cern and our respect for the efforts of of $284 million, and $100 million for the mittee has been to make sure that we these agencies by funding them as ag- juvenile accountability block grants, are getting better prepared for what is gressively as we can in the context of giving funds to States that come for- this difficult financial situation in an inevitable, unfortunate event, and ward to use the money. that is a terrorist attack against which we find ourselves. We address the Missing and Exploited American facilities. We are coming We have, however, also made some Children Program. Again, the National upon, unfortunately, the anniversary initiatives. First, we initiated efforts Center has done an extraordinary job. of the Nairobi and Dar es Salaam at- in the area of children and youth. Last The FBI has the strike team in this tacks. We know there are evil people year, unfortunately, we saw—and this area. We have funded both those areas that wish Americans harm. We have to year we have seen—students shoot peo- very aggressively. We feel very strong- get ready for that. We have had a ple in schools. We have seen violence in ly this is an area where we have made three-prong approach to this which was schools of extraordinary proportions progress, and we want to keep that started about 4 years ago, purely that has depressed us and outraged us. progress going. For example, we have a through the urging and initiative of Last year we were a little bit ahead Cyber Tipline for parents, teachers— of the curve, I guess, in this Committee this Committee. We set up a task force even kids, if they are so inclined—who in that we set up a fund the purpose of effort for coordination of the agencies can directly access the National Center which was to address safe school initia- on counterterrorism. We have great re- for Missing and Exploited Children. tives. This year we are expanding that sults, although we are nowhere near The tipline is reached through the fund. The Safe Schools Initiative was where we need to be. However, we are Internet. The information entered goes really an effort by myself and Senator moving in the right direction. to professionals who review each con- HOLLINGS. It addressed issues such as The three levels of effort are: (1) cern, whether it happens to be pornog- making sure that schools would have counterintelligence, especially over- raphy, pedophilia, or just a threat to a the opportunity, if they so desired, to seas counterintelligence; (2) interdic- child. Professionals can directly access have police officers work with the stu- tion of people before they get to the dents, making available better equip- the proper law enforcement agency or United States; and, (3) the issue of ment for schools, and determining community service agency to imme- dealing with an event should a catas- whether weapons were being brought diately be brought into the process for trophe occur as a result of a terrorist into the schools. It is to provide a sig- addressing that person’s concern. attack. We have done a great deal in the area nificant amount in the area of preven- We have set up counterterrorism ini- of fighting drugs. I can go on at consid- tion in the schools so that there would tiatives in this bill, and we continue to erable length in the drug-fighting area. be adequate counseling funds available. expand all our efforts on all three of That effort, which was started last We put a high priority on this. We felt those fronts. We fund research to try to year with approximately $240 million, the Administration maybe missed the get a handle on how to respond to bio- is continued in this bill aggressively. mark a little bit. Instead of giving the logical and chemical attacks. For first We have for example, put $180 million DEA the reinforcement teams they responders, we are giving communities in for school resource officers. The idea needed, they underfunded the teams. the ability through police, fire, and is to have police officers in the school We funded the regional and mobile en- health facilities, when they are first on systems, if the school systems want forcement teams at the level the DEA the scene, to be able to handle that ef- them, to help educate kids as to the wanted so we can have the strike ficiently. We have an excellent na- need to respect the law and to work teams that have been so successful. In tional effort on first responders. There with law enforcement. the methamphetamine area we have is adequate funding for the FBI and There is $38 million for community done a great deal, and we will continue State Department, which are under our planning and prevention activities, to push that aggressively. jurisdiction, in their efforts of counter- which is a big sum, and $25 million to The Justice Department covers such terrorism, intelligence, and identifying develop new and more effective safety a broad spectrum, there is no shortage the threat. technology that schools can use for of areas to discuss. I am trying to high- I don’t claim we are there. We are surveillance. light themes of the bill. We are trying just at the beginning, an adolescence We are also providing a significant to put funds where we know we get re- level. We were at an embryonic state 4 amount of money for a number of spe- sults. We are trying to address needs years ago, but we have grown and got- cific agencies which we think do an ex- we know are essential, such as the safe ten better. We will continue to grow traordinary job in helping prevent school programs, the missing children and get better. Unfortunately, we are crime and deal with kids who may have programs, the issue of child pornog- in a race against time, in my opinion, gotten off the path in their early years. raphy on the Internet, and the but we do recognize that. It takes a Specifically, we are providing $50 mil- pedophile issue of predators over the long time to educate and get people up lion for the Boys and Girls Clubs of Internet. to speed. It takes a long time to buy America, which we think have done an Again this year, we put an extremely the equipment we need. We are doing excellent job. strong effort into the violence against our best at it. In this Committee, and We also put money in for Big Broth- women initiatives. This was an area I think as a government, we are work- ers/Big Sisters and for the National both Senator HOLLINGS and I felt ing well together.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8942 CONGRESSIONAL RECORD — SENATE July 21, 1999 The INS issue is another big issue we need to spend $1.4 billion annually for a here in the State Department which tried to address. We have had a lot of period of 10 years in order to get our again were forced upon us by the tight support from people who have border embassies to a position where they constraints we are confronting. They issues. Certainly, Senator HUTCHISON could adequately defend themselves are not shortfalls which we are happy from Texas has been a strong member against potential terrorist attack. We with, but they were things we had to of this Subcommittee and feels very are coming up on the 1-year anniver- do, especially in the overhead area. strongly about this. Senator DOMENICI, sary of that event. There may be some amendments to of course, from New Mexico feels Now, we did have an emergency ap- move money around in the State De- strongly about this. Senator KYL from propriation a year ago of $1.4 billion partment. If there are, I am going to Arizona feels strongly about this. and that is being spent, and I think ask people serious questions as how Last year, we funded an extra 1,000 they are doing a good job of using that they can do that because there is no Border Patrol agents in our bill. Unfor- money to do the initial, primary pro- budget in the State Department that tunately, the INS has not been able to tective things they need to do: put in has any excess money in it. I can as- put those people in place. There are a barriers, change the location of the se- sure my colleagues of that, after we lot of excuses flying around and a lot of curity houses, and making sure people have gone through this and had to re- finger pointing. We think we have in have adequately secured the immediate duce overall spending a stated $73.683 this bill addressed the finger pointing. activity going on in the embassies. But million below last year’s level, but it’s There should be no excuse for not get- there are tens of embassies which have actually $3.614 billion below the Presi- ting those folks on board. We have to be repaired, changed, physically dent’s budget request. We have funded added another 1,000 agents on top of moved in order to become secure. The this year’s services at last year’s lev- those 1,000. We had made a commit- cost is extraordinary. els. It is something members of the ment to add 3,000 and we are keeping The White House regrettably did not Subcommittee have agreed with. that. We differ with the White House, send up a very high number in secu- We also made, as I mentioned, a who did not address the 1,000 agents. rity. They asked for $300 million. We major initiative in the area of Internet There was a front-page newspaper put a priority on this. We have it up to on a variety of different levels. I feel story about people in terror in Doug- $430 million in this bill, which was dif- very strongly we should not discipline las, AZ, of being overrun by illegal ficult to do in the context of the caps the Internet. It’s not our job to try to aliens. People cannot water their gar- we are working with. We hope to find control the Internet. It would be a seri- den without a gun in order to protect more money somewhere as we move ous mistake as a Government. We themselves. We have to control our down the road because we feel very should not be taxing it. What we do borders. This bill makes an extraor- strongly that giving adequate secu- need to do is look at those areas where dinary effort to do that. rity—not only physical security is im- the Federal role is appropriate. One, of We have funded aggressively the portant, but I feel very strongly, and I course, as I mentioned before, is to Commerce Department. That is not an know Senator HOLLINGS feels strongly, continue to police the Internet relative understatement, even in the context of the dependents of our people we send to the use of child pornography and the our tight funding situation. overseas need to have security. If you predations of pedophiles on the Inter- We have increased the Census Bureau have kids going to school, if your wife net. We have again aggressively funded significantly with $1.7 billion of new is living, going to the grocery store or the FBI efforts in that area, along with funds, for a total of $3.1 billion. We un- maybe working another job in a foreign the National Center for Missing and derstand they do not feel that is country, she, and your children—or Exploited Children and Boys and Girls enough. We will hold hearings to find your husband and children—should not Clubs’ initiatives in this area, so we out what they think they need. The be at risk. We should be able to give can start to get a handle on this. So night we were marking up, we got the them security too. So we are trying to when a predator goes on the Internet notice they were upset with the upgrade the security, not only for the and starts selling child pornography, or amount of money. I found that to be diplomats but also for their depend- starts trying to entice a child, through ironic and not very good management. ents, something I place a very high de- the use of the Internet, into some sort When I see something similar to that, gree of responsibility on. of meeting that might end in the harm I say to myself maybe we better find Obviously, the State Department has of that child, that predator will have to out what they really do need. If they a lot of other functions. U.N. arrears ask themselves, ‘‘Am I talking to a can’t get it to us sooner than that, has been an item of considerable dis- child or am I talking to a FBI agent or maybe there is not a good management cussion now that there has been an a trained local law enforcement scheme behind that request. We will agreement. With the foreign relations agent?’’ That is a good question today have hearings to find out. There may authorization bill being passed, we because, I can tell you, there are a lot have to be some further effort to ad- have funded the arrears. There is still of FBI resources committed to this. dress the census funding. I recognize some discrepancy as to what the num- Every day we are multiplying the num- that. I think everybody else recognizes ber was in that agreement, but our in- ber of local law enforcement resources that. tention is to fund the arrears, pursuant committed, so people are at significant The NOAA account is well funded. to the agreement reached between Sen- risk if they try to use the Internet for This is a very important agency for ator HELMS, the Administration, and those types of things. many who live on the coast. Obviously, the U.N. But let’s remember those In addition, the Internet is unfortu- it is critical, but equally important, for moneys do not get spent unless the nately being used to prey on senior those that happen to live in Oklahoma U.N. lives up to its responsibilities to citizens through fraudulent schemes. or in Arkansas where the severity of start putting in place adequate ac- We funded the FTC effort in this area, the weather can have horrible events. counting systems, to cut down on what which I think is very important. They As in Oklahoma recently, the impor- is the patronage system there, which is started their own initiative to try to tance of adequate atmospheric pre- outrageous, and to give the United deal with fraud over the Internet, and dictions are critical. We have taken a States an adequate voice in the budg- we are aggressively funding this pro- major effort to adequately fund that. etary process. It does not have this now gram. NTIA and ITC—we have funded all because it was kicked off the Budget Not of less importance, but not as those as best we can. We think we have Committee which was inexcusable con- personally important because it done a good job, especially in the inter- sidering the fact we pay 25 percent of doesn’t impact individuals so imme- national trade accounts. the costs of that institution. diately, but certainly it can impact State Department is another agency We have also, of course, funded a va- them, is the need for the Securities and which comes under the jurisdiction of riety of other activities within the Exchange Commission (SEC) to be this Committee. This Committee has State Department, and we are totally more aggressive. They understand this. fascinating jurisdiction. State Depart- committed to trying to give the State There is an initiative that came from ment, of course, is critical. We had the Department the resources they need. I the SEC to get more aggressive in mon- Crowe report, which told us that we recognize there are some shortfalls itoring the Internet and certainly the

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8943 stock activities on the Internet. There- increase of $400 million in our alloca- above the President’s request, through fore, we fund the SEC initiatives in tion for fiscal year 2000, the funding the Office of Justice programs solely this area. We are happy to do that. level requested for the Census Bureau for the hiring of school resource offi- In our opinion, we fund adequately for fiscal year 2000 was a $1.7 billion in- cers. The additional $38 million is di- the other agencies regulatory agencies, crease above the current funding level. rected towards community planning SBA, FCC. I already mentioned the In other words, Mr. President, to fully and prevention activities—for local po- FTC and the SEC. So we have at- fund the 2000 decennial census we were lice departments and sheriff’s offices to tempted in this bill to address, with required to cut $1.3 billion in funding work with schools and other commu- the extremely limited amount of from the fiscal year 1999 funding level nity-based organizations to develop money that we had, the needs of the for all other programs. This was not an programs to improve the safety of ele- agencies which are under our control. easy task, and with the exception of a mentary and secondary school children Mr. President, I now yield to the Sen- few circumstances that I will touch on and educators in and around the ator from South Carolina. Before I do, in greater detail later, Senator GREGG schools of our nation. This is a much I thank the Senator from South Caro- did a remarkable job. needed program, and an initiative that lina for his extraordinary knowledge Chairman GREGG has mentioned has proven to be successful in the past. and support. I say this every year, but many of the funding specifics in this This bill also provides $283.7 million it is absolutely true. He brings so much bill, so I will not repeat the details; for the Violence Against Women Pro- institutional history to this bill, we however, I would like to point out to gram, $75 million for State prison really could not function without him. our colleagues some of the highlights grants, $400 million for the Local Law He understands what the background is of this bill. Enforcement Block Grant Program, $40 of these issues as they come down the This bill provides $17 billion for the million for drug courts, and $284.5 mil- pike, something I do not necessarily Department of Justice, including $2.9 lion for juvenile justice programs. In understand. That type of information billion for the FBI, $1.2 billion for the addition, $25 million has again been is critical. DEA, and $3 billion for the Office of provided for the bulletproof vest grant He is wonderful to work with. I re- Justice programs. Within the Depart- program to reduce the risk of serious spect his knowledge, his ability, and ment of Justice, we continue the Safe injury or death to our nation’s law en- his willingness to be supportive and Schools Initiative which Senator forcement officers. In an effort to re- spond to the proliferation of crimes in- helpful on what is a very complex bill, GREGG and I started last year, and pro- volving children, the committee has which includes many strong initiatives vides $218 million in funding for addi- provided $19.9 million for the Missing of which he is certainly the father. tional school resource officers, tech- Children Program, an increase of $2.78 I yield to the Senator from South nology, and community initiatives in million over last year’s amount. This Carolina. an effort to combat violence in our money will be used to combat the ever The PRESIDING OFFICER. The Sen- schoools. increasing number of crimes against ator from South Carolina. Mr. President, again this year Ameri- children with an emphasis on kidnap- Mr. HOLLINGS. Mr. President, I am cans watched news stories unfold about ping and sexual exploitation. pleased to join my subcommittee shootings and other violent acts as chairman and colleague, Senator The bill provides $7.2 billion for the they occurred in our schools. Violent Commerce Department, of which $3.1 GREGG, in presenting to the Senate S. crime in our schools is simply unac- billion is to be used to conduct the de- 1217, the fiscal year 2000 Commerce, ceptable and must be stopped. We can- Justice, and State, the judiciary, and cennial census. The administration not allow violence or the threat of vio- submitted a budget amendment for an related agencies appropriations bill. lence to turn our schools into a hostile additional $1.7 billion in funding for Once again, I would like to commend setting that prevents our students the decennial census; unfortunately, Chairman GREGG for his outstanding from obtaining the education they de- we received that request only two days efforts and bipartisan approach in serve. To fully understand the cir- before consideration of the bill by the bringing a bill to the floor that—in cumstances under which our youth are subcommittee and full committee. Sen- most areas—is good and balanced. attending school, one needs to only ator GREGG and I are working on sched- We fund a wide variety of Federal look at a few statistics that have been uling a hearing prior to conference programs through this appropriations gathered recently: with the House to address the budget bill. We fund the FBI, the DEA, the During the 1996–97 school year, 10 per- amendment, and I appreciate the chair- State Department and our embassies cent of all public schools reported one man’s efforts in addressing this issue in overseas, the Census Bureau, NOAA, or more serious violent crimes to the a nonpartisan manner. the Supreme Court, the Federal Com- police or other law enforcement rep- The Advanced Technology Program munications Commission, the Federal resentatives. An additional 47 percent (ATP) of the National Institute of Trade Commission, and the list goes on of public schools reported at least one Standards and Technology (NIST) is and on. As a result, this bill provides less serious or nonviolent crime to po- funded at $233.1 million which is above funding for a host of efforts that range lice. (1998 Department of Education An- last year’s level by $29.6 million, and from fighting ‘‘the war on drugs’’ and nual Report on School Safety) the Manufacturing Extension Partner- ‘‘the battle against cybercrimes’’, to About 6,093 students were expelled ship (MEP) program is funded at a level preparing at the local level against during the 1996–1997 academic school of $109.8 million. This amount will fully ‘‘domestic terrorism’’ and ‘‘natural dis- year for bringing firearms or explosives fund all MEP centers. asters.’’ This bill provides funding to to school. (1998 Report on State Imple- The bill also provides $2.5 billion for protect both our elderly citizens from mentation of the Gun-Free Schools NOAA, an increase of $384 million over abuse and marketing scams and our Act—School Year: 1996–1997, Depart- last year’s funding level. I am pleased youth from sexual predators on the ment of Education) that the distinguished chairman has streets and on the Internet. We provide In 1995, over 2 million students be- worked with me to insure that we funding for fisheries research and at- tween the ages 12 and 19 feared they maintain a focus on our oceans and mospheric research; we provide funding were going to be attacked or harmed at coastal waterways. for our weather satellite systems and school. Regarding NOAA, Mr. President, if I forecasts; we provide funding for the Likewise, about 2.1 million students could just take a minute, I would like management of our fragile coastal between the ages 12 an d19 avoided one to recognize the outstanding work of areas—initiatives that impact every or more places at school for fear of Dr. Nancy Foster, head of the National single aspect of our community—busi- their own safety. (1998 Indicators of Ocean Service, which oversees the labs, nesses, farms, the fishing industry, the School Crime and Safety, U.S. Depts. estuarine reserves, and the Coastal tourism industry, and the consumer. of Education and Justice.) Services Center in my home state of In total, this bill provides $34.1 bil- This Safe Schools initiative is aimed South Carolina. I can tell you she is lion in budget authority which is about at protecting our children by putting one of the hardest working public serv- $400 million above last year’s appro- more police in the school setting. The ants with whom I have had the privi- priated level. Even though we had an bill provides $180 million, $55 million lege of working over the past several

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8944 CONGRESSIONAL RECORD — SENATE July 21, 1999 years, and she has brought to the job The bill includes a total of $5.4 bil- tionally, the committee has provided boundless energy, understanding, and lion for the Department of State and $10 million in funding for the Securi- an ability to fix problems. related agencies. Within the State De- ties and Exchange Commission (SEC) Dr. Foster has been with NOAA since partment account, $883 million has to assist in the prevention, detection, 1977. She helped create the National been provided for worldwide security, and prosecution of Internet related Marine Sanctuary and Estuarine Re- an increase of $146 million above the fraud and investment schemes. search Reserve Programs. These pro- President’s request. Additionally, in Finally, regarding the COPS initia- grams preserve America’s near shore recognition of the high profile risk tive, I can fully understand the dif- and offshore marine environments in that State Department family mem- ficult decisions the chairman had to the same manner as do the better bers face in overseas locations, $40 mil- make as we put this bill together. And known national parks and wildlife ref- lion has been included to improve the as I have stated, I support him on just uges run by the Department of the In- security in and around both housing about everything in this bill—with the terior. Nancy went on to serve as the and school areas for the families of exception of eliminating the COPS pro- Director of Protected Resources at those who serve in this capacity. The gram. This is a good program that has NOAA’s National Marine Fisheries funding level also includes payment of proven to work. And it works well. Service, where she managed the Gov- international organization and peace- Crime has been declining for 61⁄2 con- ernment’s programs to protect and keeping funds, including $244 million secutive years and is at a 25 year low. conserve whales, dolphins, sea turtles for UN arrears. We are getting the jump on crime and and other endangered and protected I highlighted a few minutes ago the this is not the time to just stop fund- species. After that, she was named the Safe Schools Initiative that Chairman ing the program. Numerous law en- Deputy Director of the entire fisheries GREGG and I have worked together on forcement groups agree. The Inter- service, where she proved especially for the past 2 years. I would also like national Brotherhood of Police Officers sensitive to the economic impact on to comment briefly on two other im- support the program, the National communities and the need to promote portant initiatives before closing: elec- Sheriffs Association supports the pro- what the folks downtown and in aca- tronic commerce and COPS. gram, the National Troopers Coalition demia call ‘‘sustainable development.’’ Regarding electronic commerce and supports the program, the Inter- In 1997, Secretary Bill Daley and the Internet, I would like to discuss an national Association of Chiefs of Police Under Secretary Jim Baker tapped area which is growing in significance supports the program, and the list goes Nancy to take over the National Ocean each day. With the explosion of the on. I completely understand the limita- Service. That is about as high as a ca- Internet as an electronic transaction tions under which the chairman oper- reer professional can go; in other agen- medium, we cannot ignore the increas- ated in getting a bill to the floor. Sev- cies or bureaus, this level of position ing potential for fraud, abuse, and at- eral of my colleagues have been work- would be held by at least an Assistant tacks on consumer privacy. If we stop ing for the past several weeks in put- Secretary-level official. NOS is the old- and take a look at the Internet and the ting together an amendment to rees- tablish the COPS Program. While I be- est part of NOAA—coastal mapping potential that it has, we recognize that traces its lineage back to 1807—and she lieve that program deserves even more its very design allows schemers and directed reinvention and change so funding than provided in the amend- con artists to reach more people, with that the Ocean Service became one of ment, I also believe the amendment is more scams, at a faster rate while re- the most modern and more effective a good response and practical effort to- maining virtually anonymous. This is a parts of NOAA. Dr. Foster is always ward restoring an effective and valu- veritable breeding ground for elec- finding new ways to do business. She is able program while acknowledging the tronic fraud and abuse. In fact, it was an innovator. She directed the total many funding restraints imposed on recently reported that the Securities modernization of NOAA’s nautical this bill. I look forward to debating and Exchange Commission (SEC) re- mapping and charting. Along with Dr. this issue further when the amendment ceives more than 100 complaints per Sylvia Earle, she has created a partner- is offered. ship with the National Geographic So- day about illegal Internet activity in- In closing let me say again that ciety to launch a 5-year undersea ex- volving fraudulent stock and invest- given the allocation we received, this ploratory program called ‘‘Sustainable ment schemes. In 1998, the National is a good bill. Many—but not all—of Seas Expeditions.’’ Their goal is to use Consumers League received over 7,700 the administration’s priorities were ad- these exploratory dives to rekindle our Internet fraud complaints which was a dressed to some extent. Likewise nation’s interest in the oceans, and es- 385-percent increase over the previous many—but not all—of the priorities of pecially the national marine sanc- year. With reports like this I think congressional Members were addressed tuaries. They are bringing back the that it is clear that protection efforts to some extent. I know that every year kind of enthusiasm and public edu- need to keep pace with the growing we face difficulties with respect to lim- cation that Jacques Cousteau created number of Internet users, particularly ited funding and multiple priorities, when I first came to the Senate. since estimates indicate that perhaps but the funding caps this year proved Mr. President, Nancy Foster is the 50 percent of the population of the to be unusually prohibitive. As a re- person at NOAA whom the rank and United States will have access to the sult, tough decisions were made. How- file employees—the marine biologists, Internet by the year 2000. ever, I believe that the Commerce, Jus- scientists and researchers—trust and In response to the growth of this sec- tice, State Subcommittee made those look up to. She is a role model for pro- tor, Mr. President, this bill includes decisions in a bipartisan and judicious fessional women everywhere, especially funding for a number of programs and manner which will allow us to address those who work in the sciences. She is activities. I would like to again com- many critical funding needs such as an official whom we in the Congress mend Chairman GREGG for his efforts Census 2000, 1000 additional Border Pa- can look to for leadership and who pays to address this growing problem of trol agents, counter-terrorism efforts, attention to local and constituent Internet fraud, particularly given the the FBI’s capabilities to combat issues. She is non-partisan and plays it tight budget constraints under which cybercrime and crimes against chil- straight. this bill was put together. This bill dren, DEA’s continued war on drugs, Dr. Foster recently underwent sur- provides $133 million in funding to the critical fisheries research, and overseas gery at Johns Hopkins Hospital and is Federal Trade Commission (FTC) for peacekeeping efforts. home recuperating. So Nancy, if you FY 2000, an increase of $16.7 million I would like to take a moment before are watching at home on C-Span, on above the current funding level. This closing to acknowledge and thank Sen- behalf of Senator GREGG, the Appro- increase was provided in part because ator GREGG’s staff and my staff for priations Committees as well as the the subcommittee is mindful of the their hard work and diligence in bring- Commerce Authorization Committee, FTC’s efforts toward ensuring that ing together a bill that does everything and our professional staff, I want to electronic commerce continues to I have just mentioned and more. They wish you the best. Take your time and flourish and consumers do not become have worked nonstop in a straight- get well. We need you back on the job, victims of fraud and abuse while con- forward and bipartisan manner, to de- and wish you a speedy recovery. ducting transactions on the web. Addi- liver the bill that is before the Senate

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8945 today. This bill could not have come ‘‘(ii) Notwithstanding otherwise applicable (c) AUTHORITY TO PROVIDE VOLUNTARY SEP- together without their efforts and I law, for each license or construction permit ARATION INCENTIVE PAYMENTS.— thank them for all of their hard work. issued by the Commission under this sub- (1) IN GENERAL.—A voluntary separation Mr. President, let me reiterate my section for which a debt or other monetary incentive payment under this section may be obligation is owed to the Federal Commu- paid by the Chairman to any employee only gratitude to Chairman GREGG and my nications Commission or to the United to the extent necessary to eliminate the po- admiration for the balanced bill that States, the Commission shall be deemed to sitions and functions identified by the stra- he has produced. What we were con- have a perfected, first priority security in- tegic plan. fronted with, in a capsule, was a cut of terest in such license or permit, and in the (2) AMOUNT AND TREATMENT OF PAYMENTS.— some $1.3 billion from the present pol- proceeds of sale of such license or permit, to A voluntary incentive payment— icy appropriation, with the ad-on de- the extent of the outstanding balance of such (A) shall be paid in a lump sum, after the mand of $1.7 billion for the census for a debt or other obligation.’’. employee’s separation; On page 111, insert after the end of Sec. 619: (B) shall be equal to the lesser of— next year. Within those confines, Sen- ‘‘SEC. 620. (a) DEFINITIONS.—For the pur- (i) an amount equal to the amount the em- ator GREGG has really done an out- poses of this section— ployee would be entitled to receive under standing job, I can tell you that. It is (1) the term ‘‘agency’’ means the Federal section 5595(c) of title 5, United States Code balanced. It is thoughtful. I have seen, Communications Commission. (without adjustment for any previous pay- over the years, this bill handled by sev- (2) the term ‘‘employee’’ means an em- ments made); or eral chairmen but no one has done the ployee (as defined by section 2105 of title 5, (ii) an amount determined by the Chair- United States Code) who is serving under an man, not to exceed $25,000; job Senator GREGG has done on this appointment without time limitation, and (C) may not be made except in the case of particular measure. So I am glad to has been currently employed by such agency any qualifying employee who voluntarily join with him. We want to move it as for a continuous period of at least 3 years; separates (whether by retirement or resigna- expeditiously as we possibly can. but does not include— tion) under the provisions of this section by With that said, let me yield to the (A) a reemployed annuitant under sub- not later than September 30, 2001; chairman. chapter III of chapter 83 or chapter 84 of title (D) shall not be a basis for payment, and 5, United States Code, or another retirement shall not be included in the computation, of AMENDMENT NO. 1271 system for employees of the Government. any other type of Government benefit; and Mr. GREGG. Mr. President, at this (B) an employee having a disability on the (E) shall not be taken into account in de- time I send to the desk a managers’ basis of which such employee is or would be termining the amount of any severance pay amendment. I ask unanimous consent eligible for disability retirement under sub- to which the employee may be entitled under the managers’ amendment I have now chapter III of chapter 83 or chapter 84 of title section 5595 of title 5, United States Code, sent to the desk be considered and 5, United States Code, or another retirement based on any other separation. system for employees of the Government. (d) ADDITIONAL AGENCY CONTRIBUTIONS TO agreed to, en bloc. These noncontrover- (C) an employee who has been duly notified sial amendments have been cleared by THE RETIREMENT FUND.— that he or she is to be involuntarily sepa- (1) IN GENERAL.—In addition to any other both sides. rated for misconduct or unacceptable per- payments which it is required to make under The PRESIDING OFFICER. Without formance; subchapter III of chapter 83 or chapter 84 of objection, it is so ordered. (D) an employee who has previously re- title 5, United States Code, the agency shall The amendment was agreed to, as fol- ceived any voluntary separation incentive remit to the Office of Personnel Management lows: payment from the Federal Government for deposit in the Treasury of the United On page 6, line 14, strike ‘‘any other provi- under this section or any other authority. States to the credit of the Civil Service Re- sion of law’’ and insert ‘‘31 U.S.C. 3302(b)’’. (E) an employee covered by statutory re- tirement and Disability Fund an amount On page 6, line 18, strike ‘‘(15 U.S.C. 18(a))’’ employment rights who is on transfer to an- equal to 15 percent of the final base pay of and insert ‘‘(15 U.S.C. 18a)’’. other organization; or each employee of the agency who is covered On page 25, line 23, insert after ‘‘(106 Stat. (F) any employee who, during the twenty- under subchapter III of chapter 83 or chapter 3524)’’, ‘‘of which $5,000,000 shall be available four month period preceding the date of sep- 84 of title 5, United States Code, to whom a to the National Institute of Justice for a na- aration, has received a recruitment or relo- voluntary separation incentive has been paid tional evaluation of the Byrne program,’’. cation bonus under section 5753 of title 5, under this Act. United States Code, or who, within the On page 30, line 17, strike after ‘‘1999’’; ‘‘of (2) DEFINITION.—For the purpose of para- which $12,000,000 shall be available for the Of- twelve month period preceding the date of graph (1), the term ‘‘final basic pay,’’ with fice of Justice Programs’ Global Information separation, received a retention allowance respect to an employee, means the total Integration Initiative;’’. under section 5754 of that title. amount of basic pay which would be payable (3) The term ‘‘Chairman’’ means the Chair- On page 50, line 6, insert before the period: for a year of service by such employee, com- man of the Federal Communications Com- ‘‘to be made available until expended’’. puted using the employee’s final rate of basic mission. On page 73, between lines 12 and 13, insert pay, and, if last serving on other than a full- (b) AGENCY PLAN.— the following: time basis, with appropriate adjustment (1) IN GENERAL.—The Chairman, prior to ‘‘SEC. 306. Section 604(a)(5) of title 28, obligating any resources for voluntary sepa- therefor. United States Code, is amended by adding ration incentive payments, shall submit to (e) EFFECT OF SUBSEQUENT EMPLOYMENT before the semicolon at the end thereof the the Office of Management and Budget a stra- WITH THE GOVERNMENT.— (1) An individual who has received a vol- following: ‘, and, notwithstanding any other tegic plan outlining the intended use of such untary separation incentive payment from provision of law, pay on behalf of justices incentive payments and a proposed organiza- the agency under this section and accepts and judges of the United States appointed to tional chart for the agency once such incen- any employment for compensation with the hold office during good behavior, aged 65 or tive payments have been completed. over, any increases in the cost of Federal (2) CONTENTS.—The agency’s plan shall in- Government of the United States, or who Employees’ Group Life Insurance imposed clude— works for any agency of the United States after April 24, 1999, including any expenses (A) the positions and functions to be re- Government through a personal services con- generated by such payments, as authorized duced, eliminated, and increased, as appro- tract, within 5 years after the date of the by the Judicial Conference of the United priate, identified by organizational unit, ge- separation on which the payment is based States.’ ’’. ographic location, occupational category and shall be required to pay, prior to the individ- On page 75, line 15, insert the following grade level; ual’s first day of employment, the entire after ‘‘period’’: ‘‘, unless the Secretary of (B) the time period during which incen- amount of the lump sum incentive payment State determines that a detail for a period tives may be paid; to the agency. more than a total of 2 years during any 5 (C) the number and amounts of voluntary (2) If the employment under paragraph (1) year period would further the interests of separation incentive payments to be offered; is with an Executive agency (as defined by the Department of State’’. and section 105 of title 5, United States Code), On page 75, line 21, insert the following (D) a description of how the agency will op- the United States Postal Service, or the after ‘‘detail’’: ‘‘, unless the Secretary of erate without the eliminated positions and Postal Rate Commission, the Director of the State determines that the extension of the functions and with any increased or changed Office of Personnel management may, at the detail would further the interests of the De- occupational skill mix. request of the head of the agency, waive the partment of State’’. (3) CONSULTATION.—The Director of the Of- repayment if the individual involved pos- On page 76, line 11, insert before the period: fice of Management and Budget shall review sesses unique abilities and is the only quali- ‘‘: Provided further, That of the amount made the agency’s plan and may make appropriate fied applicant available for the position. available under this heading, not less than recommendations for the plan with respect (3) If the employment under paragraph (1) $11,000,000 shall be available for the Office of to the coverage of incentives as described is with an entity in the legislative branch, Defense Trade Controls’’. under paragraph (2)(A), and with respect to the head of the entity or the appointing offi- On page 110, strike lines 15 through 23 and the matters described in paragraph (2)(B)– cial may waive the repayment if the indi- insert in lieu thereof: (C). vidual involved possesses unique abilities

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8946 CONGRESSIONAL RECORD — SENATE July 21, 1999 and is the only qualified applicant available At the end of title I, insert the following: Mr. GREGG. Mr. President, as we for the position. SEC. . EXTENSION OF VIOLENT CRIME REDUC- know, the violent crime trust fund was (4) If the employment under paragraph (1) TION TRUST FUND. set up back in 1993, and the concept of is with the judicial branch, the Director of (a) IN GENERAL.—Sections 310001(b) of the it was through savings which would the Administrative Office of the United Violent Crime Control and Law Enforcement States Courts may waive the repayment if Act of 1994 (42 U.S.C. 14211) is amended by occur as a result of the reduction in the individual involved possesses unique striking paragraphs (1) through (5) and in- personnel in the Federal Government, abilities and is the only qualified applicant serting the following: that funding from those savings would for the position. (1) for fiscal year 2001, $6,025,000,000; be used to expand our efforts in fight- (f) INTENDED EFFECT ON AGENCY EMPLOY- (2) for fiscal year 2002, $6,169,000,000; ing crime in this country. MENT LEVELS.— (3) for fiscal year 2003, $6,316,000,000; It has been a tremendous success. As (1) IN GENERAL.—Voluntary separations (4) for fiscal year 2004, $6,458,000,000; and a result of the violent crime trust fund, under this section are not intended to nec- (5) for fiscal year 2005, $6,616,000,000. essarily reduce the total number of full-time (b) DISCRETIONARY LIMITS.—Title XXXI of we have been able to undertake a sig- equivalent positions in the Federal Commu- the Violent Crime Control and Law Enforce- nificant expansion of the efforts of the nications Commission. The agency may rede- ment Act of 1994 (42 U.S.C. 14211 et seq.) is FBI, the INS, the DEA, just to name a ploy or use the full-time equivalent positions amended by insering after section 310001 the few at the Federal level, and also our vacated by voluntary separations under this following: local and community law enforcement, section to make other positions available to SEC. 310002. DISCRETIONARY LIMITS. who are so important to us. This is more critical locations or more critical occu- For the purposes of allocations made for critical. Without this trust fund, we pations. the discretionary category pursuant to sec- might have some serious problems as (2) ENFORCEMENT.—The president, through tion 302(a) of the Congressional Budget Act the office of Management and Budget, shall of 1974 (2 U.S.C. 633(a)), the term ‘discre- we go down the road maintaining some monitor the agency and take any action nec- tionary spending limit’— of these efforts. essary to ensure that the requirements of (1) with respect to fiscal year 2002— The President is funding his Commu- this subsection are met. (A) for the discretionary category, nity Oriented Policing (COPS) Pro- (g) REGULATIONS.—The Office of Personnel amounts of budget authority and outlays gram from the violent crime reduction Management may prescribe such regulations necessary to adjust the discretionary spend- trust fund. Later, we are going to get as may be necessary to implement this sec- ing limits to reflect changes in subparagraph from the other side an amendment (B) as determined by the Chairman of the tion. which, I presume, deals with the COPS (h) EFFECTIVE DATE.—This section shall Budget Committee; and take effect on the date of enactment. (De- (B) for the violent crime reduction cat- Program, but as a practical matter, I partments of Commerce, Justice, and State, egory; $6,025,000,000 in new budget authority think we have resolved it. I do not the Judiciary and Related Agencies Appro- and $5,718,000,000 in outlays; think we are going to have a problem priations Act, 1999, as included in Public Law (2) with respect to fiscal year 2002— on this bill with the COPS Program. 105–277, section 101(b).’’. (A) for the discretionary category, The COPS Program was a violent crime At the end of title VI, insert the following: amounts of budget authority and outlays initiative, and a good one. It worked. I necessary to adjust the discretionary spend- ‘‘SEC. 621. The Secretary of Commerce have to admit, I had suspicions about (hereinafter the ‘‘Secretary’’) is hereby au- ing limits to reflect the changes in subpara- thorized and directed to create an ‘‘Inter- graph (B) as determined by the Chairman of it when it was first offered, but it has agency Task Force on Indian Arts and Crafts the Budget Committee; and worked out. Enforcement’’ to be composed of representa- (B) for the violent crime reduction cat- We move on to other initiatives in tives of the U.S. Trade Representative, the egory; $6,169,000,000 in new budget authority the violent crime trust fund: terrorism Department of Commerce, the Department and $6,020,000,000 in outlays; and initiatives; some initiatives to deal of Interior, the Department of Justice, the (3) with respect to fiscal year 2003— with the question of how the FBI is (A) for the discretionary category, Department of Treasury, the International able to identify DNA; and initiatives Trade Administration, and representatives of amounts of budget authority and outlays necessary to adjust the discretionary spend- with local communities, for their ef- other agencies and departments in the dis- forts to gear up with the technology of cretion of the Secretary to devise and imple- ing limits to reflect the changes in subpara- ment a coordinated enforcement response to graph (B) as determined by the Chairman of today. So, for example, when someone prevent the sale or distribution of any prod- the Budget Committee; and is arrested on the street, a law enforce- uct or goods sold in or shipped to the United (B) for the violent crime reduction cat- ment officer will have the computer ca- States that is not in compliance with the In- egory: $6,316,000,000 in new budget authority pability to immediately contact the dian Arts and Crafts Act of 1935, as amend- and $6,161,000,000 in outlays; (4) with respect to fiscal year 2004— FBI, the National Crime Information ed.’’. (A) for the discretionary category, Center (NCIC), and get a reading as to Mr. GREGG. Mr. President, I suggest amounts of budget authority and outlays whom that person is and in what pos- the absence of a quorum. necessary to adjust the discretionary spend- sible other activity he or she might be The PRESIDING OFFICER. The ing limits to reflect the changes in subpara- involved. clerk will call the roll. graph (B) as determined by the Chairman of These are critical expansions in our The legislative assistant proceeded the Budget Committee; and efforts in law enforcement across this to call the roll. (B) for the violent crime reduction cat- country. They are proving to work Mr. GREGG. Mr. President, I ask egory: $6,458,000 in new budget authority and $6,303,000,000 in outlays; and well. As we move down the road, they unanimous consent that the order for (5) with respect to fiscal year 2005— will work even better, I am sure. the quorum call be rescinded. (A) for the discretionary category, We have a number of major initia- The PRESIDING OFFICER. Without amounts of budget authority and outlays tives at the Federal level. We just got objection, it is so ordered. necessary to adjust the discretionary spend- our Integrated Automated Fingprint AMENDMENT NO. 1272 ing limits to reflect the changes in subpara- Identification System up and running, (Purpose: To extend the Violent Crime graph (B) as determined by the Chairman of fingerprinting. The NCIC program is Reduction Trust Fund) the Budget Committee; and (B) for the violent crime reduction cat- working now. And coming on line—it Mr. GREGG. Mr. President, I send an egory: $6,616,000 in new budget authority and may take some more years than I amendment to the desk. $6,452,000,000 in outlays; would like—is something dealing with The PRESIDING OFFICER. The as adjusted in accordance with section 251(b) information sharing initiative (ISI) clerk will report the amendment. of the Balanced Budget and Emergency Def- which will give Federal agents the The legislative assistant read as fol- icit Control Act of 1985 (2 U.S.C. 901(b)) and computer capability they need to have lows: section 314 of the Congressional Budget Act instant access to what is going on na- The Senator from New Hampshire [Mr. of 1974.’. tionally. This is an initiative that is GREGG] proposes an amendment numbered Mr. GREGG. Mr. President, this very appropriate. There are a lot of 1272. amendment deals with the violent other things that are going to make Mr. GREGG. Mr. President, I ask crime trust fund. I understand there our law enforcement much more effec- unanimous consent that the reading of are some people who wish to speak on tive as it deals with crime in this Na- the amendment be dispensed with. it. I ask unanimous consent that de- tion. The PRESIDING OFFICER. Without bate on this be limited to an hour. In addition, of course, we have done a objection, it is so ordered. The PRESIDING OFFICER. Without lot in the area of DEA and drug en- The amendment is as follows: objection, it is so ordered. forcement. The violent crime trust

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8947 fund plays a major role, and it is about A TRIBUTE TO JOHN F. KENNEDY, THE 30TH ANNIVERSARY OF THE to run out, so we should reauthorize it. JR. APOLLO 11 LUNAR LANDING That is why I have offered this author- Mr. FEINGOLD. Mr. President, it is Mr. SHELBY. Mr. President, I rise ization. I hope the Senate will agree to with deep sadness that I come to the today in support of the resolution that it. floor today to speak of the tragedy I offered yesterday with Senator SES- I suggest we set a vote for tomorrow, that struck the Kennedy family last SIONS and many of my colleagues which if that is all right with the Senator Friday night. I offer my condolences to recognizes the 30th Anniversary of the from South Carolina. the Kennedy family, and in particular Apollo 11 Lunar Landing. Mr. HOLLINGS. I suggest to the dis- to my friend and colleague, Senator Mr. President, for thousands of years, tinguished chairman that we limit the KENNEDY of Massachusetts, who has men looked to the sky and were fas- time to be equally divided. lost a beloved nephew. cinated by the moon. To our fore- Mr. GREGG. I ask unanimous con- My thoughts and prayers are with fathers it was a source of wonder, hope, the Kennedy and Bessette families as sent that the time be equally divided. curiosity and fear. Near enough to they struggle to cope with the loss of Mr. HOLLINGS. Senator BIDEN and draw their attention, yet so far beyond John F. Kennedy, Jr., his wife Carolyn Senator LEAHY wish to be heard on this their reach to remain a constant mys- Bessette Kennedy, and her sister in the morning. If it is all right with tery, the moon was an unattainable the distinguished chairman, we will re- Lauren Bessette. While we as a nation mourn the loss of a young man who had destination for the people of earth. serve that time for the morning. Undaunted by the significance of the Mr. GREGG. Why don’t we reserve a so much yet to offer the world, these families must suffer the private pain of task, President Kennedy called upon half hour of the time on this amend- our nation ‘‘to commit itself to achiev- ment so it can be given to Senator the loss of their beloved brother or sis- ters, their children, their cousins, their ing the goal...of landing a man on BIDEN and Senator LEAHY and they can the moon and returning him safely to take that time between them. friends. The late John F. Kennedy was a gen- earth.’’ With this challenge, a goal that Mr. HOLLINGS. Good. They are had previously exceeded the grasp of ready, then, to lay down that amend- uine inspiration to me and so many of my generation. I am grateful for the every generation, became the mission ment on COPS. I thank the Chair. of the United States to achieve within Mr. GREGG. I suggest the absence of hope and the direction that President Kennedy gave so many of us when we ten years. a quorum. were young, and I know that in his own Facing this great endeavor, the men The PRESIDING OFFICER. The way John F. Kennedy, Jr., carried on and women of the American Space Pro- clerk will call the roll. his father’s work to inspire young peo- gram set to work with steadfast con- The legislative assistant proceeded ple to public service, or to otherwise viction. While their efforts produced to call the roll. serve the public good, throughout his steady results, there were tragic losses Mr. GREGG. I ask unanimous con- lifetime. and technical setbacks that tested sent that the order for the quorum call There can perhaps be no comparison their resolve. Brave men gave their be dispensed with. to the contributions the Kennedy fam- lives. Brilliant men and women spent The PRESIDING OFFICER. Without ily has made to our country, or the countless hours trying to work through objection, it is so ordered. sacrifices the family has endured, and the numerous difficulties associated Mr. GREGG. Mr. President, I ask sadly continues to endure with the with such a complex undertaking. How- unanimous consent that under the death of John F. Kennedy, Jr. Like his ever, all remained dedicated to the time agreement, no second-degree father and his uncle Bobby, John F. goal of landing a man on the moon. amendments be in order. Kennedy, Jr.’s life was cut tragically On July 20, 1969, 30 years ago yester- The PRESIDING OFFICER. Without short, but like them he lived his life to day, that goal was achieved. On that objection, it is so ordered. the fullest, with the vigor and dedica- day, Neil Armstrong and Buzz Aldrin Mr. GREGG. I suggest the absence of tion that marks the Kennedy legacy. closed the timeless breach that had a quorum. Recently I had the honor of receiving separated the earth from the moon and The PRESIDING OFFICER. The the Profile in Courage Award from the landed on the Sea of Tranquility. With clerk will call the roll. late President Kennedy’s family, and Neil Armstrong’s first step on the The legislative assistant proceeded had the pleasure of meeting and spend- lunar surface, the American Space Pro- to call the roll. ing time with John F. Kennedy, Jr. I gram met the awesome challenge set Mr. GREGG. Mr. President, I ask was impressed by his kindness, his dig- by President Kennedy. This important unanimous consent that the order for nity, and the keen grasp of both poli- event marks America’s ascendance to the quorum call be dispensed with. tics and policy which he so often dis- the preeminent role that it occupies The PRESIDING OFFICER. Without played as editor of George magazine. today as the world’s leader in space ex- objection, it is so ordered. John reflected all the best hopes we ploration. Mr. GREGG. Mr. President, tomor- have for our country, as did his father While yesterday was an important row I will ask unanimous consent that before him. anniversary for all the people of the all first-degree amendments be filed by In a speech I gave at that time, I world, it was especially important for noon. Hopefully, we can get an agree- chose one of the many beautiful memo- the people of the United States. Land- ment on that. I am not asking it now. rials I have heard about President Ken- ing men on the moon represents a Mr. HOLLINGS. We have to check on nedy to express my own feelings. The great triumph of American endeavor. our side. following passage from Romeo and Ju- As the Spanish could be proud for hav- Mr. GREGG. I am telling people so, liet was previously used by Robert F. Kennedy himself at the 1964 Demo- ing built the great ships that carried hopefully, they will have their amend- cratic convention to memorialize his Columbus on his voyage of discovery, ments together tonight, and staff will brother: American scientists and engineers can listen to this request and be all and, when he shall die, feel equally proud for having built the charged up to get their amendments take him and cut him out in little stars, Saturn V Rocket, the vehicle that car- down here by 12 o’clock tomorrow. And he will make the face of heaven so fine That all the world will be in love with ried the astronauts to the moon. That f night no other nation has produced a similar And pay no worship to the garish sun. vehicle is a testament to the unparal- MORNING BUSINESS These words both pained and con- leled achievement of our Space Pro- Mr. GREGG. Mr. President, I ask soled us as we remembered John F. gram. unanimous consent that the Senate Kennedy then, and they do the same This resolution celebrates the anni- now proceed to a period for morning today as we mourn the loss of his son, versary of the great achievement of business, with Senators permitted to John F. Kennedy, Jr. landing men on the moon. It celebrates speak for up to 10 minutes. Mr. President, again I offer my con- the efforts of the many men and The PRESIDING OFFICER. Without dolences to all those who have been af- women who defied the odds and helped objection, it is so ordered. fected by this tragedy. I yield the floor. to make what was once believed to be

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8948 CONGRESSIONAL RECORD — SENATE July 21, 1999 impossible, possible. Finally, it cele- enunciated yesterday to lawyers across I have previously brought to all Sen- brates the courageous spirit of the this country. I say that Bill Lann Lee ators’ attention a June letter from the American people. represented the best of the legal profes- Assistant Attorneys General for Civil f sion while serving those without Rights from the Eisenhower through means. Bush Administrations in support of PENDING NOMINATION OF BILL It appears that some on the Repub- this outstanding nominee: Harold LANN LEE lican side want to hold the Lee nomi- Tyler, Burke Marshall, Stephen J. Pol- Mr. LEAHY. Mr. President, today in nation as a partisan trophy—to kill it lak, J. Stanley Pottinger, Drew Days communities all around the country through obstruction and delay rather and John R. Dunne note in their letter: and here at the United States Capitol, than allowing the Senate to vote up or Over the past eighteen months, Mr. Lee Asian Pacific Americans are leading all down on the nomination. This effort has shown that he honors the Civil Rights Americans in a demonstration of our started with a letter from the former Division’s mission to safeguard equal justice commitment to one America, equal op- Speaker of the House, Newt Gingrich, for all. He has enforced the nation’s civil portunity and equal justice under law to the Republican Majority Leader of rights laws fairly and effectively. He has by urging the Senate to vote on the the Senate in 1997. Over the ensuing demonstrated that he can and will meet the nomination of Bill Lann Lee to head weekend progress toward confirmation demands of the position with distinction and the Civil Rights Division at the De- of this nomination ground to a halt. thus merits the Senate’s confidence. partment of Justice. I hear the call of Speaker Gingrich is gone but the disas- Civil Rights is about human dignity the Congressional Asian Pacific Cau- trous consequence of his unjustified op- and opportunity. Bill Lann Lee ought cus, the Congressional Black Caucus position to this nomination lingers. It to have an up or down confirmation and the Congressional Hispanic Caucus is past time to put past injustice to vote on the Senate floor. The Senate for prompt Senate consideration and a rest. As speaker after speaker reiter- should fulfill its constitutional duty vote on this highly-qualified nominee ated today across the country, it is under the advice and consent clause and dedicated public servant. I com- time for the Senate to vote on the and vote on this nomination. Twenty- mend the National Council of Asian nomination of Bill Lann Lee. four months and three sessions of Con- Pacific Americans and their Chair Bill Lann Lee’s skills, his experience, gress is too long for this nomination to Daphne Kwok, the National Asian Pa- the compelling personal journey that have to wait. He should no longer be cific American Bar Association and the he and his family have traveled, his forced to ride in the back on the nomi- National Asian Pacific American Legal commitment to full opportunity for all nations bus but be given the fair vote Consortium for their leadership in con- Americans—these qualities appeal to that he deserves. the best in us. Let us affirm the best in nection with this matter and their I have often referred to the Senate as us. Let the Senate vote on the con- commitment to fundamental fairness. acting at its best when it serves as the Today is the second anniversary of firmation of this good man. We need conscience of the nation. I call on the the initial nomination of Bill Lann Lee Bill Lann Lee’s proven problem-solving Judiciary Committee and the Senate to to the office of Assistant Attorney abilities in these difficult times with bring this nomination to the floor for General for Civil Rights. I repeat today apparent hate crimes on the rise across an up or down vote without obstruction what I have said before: It is past time the country. He is spearheading efforts or further delay so that the Senate to do the right thing, the honorable against hate crimes, against modern may vote and we may confirm a dedi- thing, and report this qualified nomi- slavery and for equal justice for all cated public servant to lead the Civil nee to the Senate so that the Senate Americans. Rights Division into the next century. If the Senate is allowed to decide, I may fulfill its constitutional duty Racial discrimination, and harmful dis- believe he will be confirmed and will under the advice and consent clause crimination in all its forms, remain move this country forward to a time and vote on this nomination without among the most vexing unsolved prob- when discrimination will subside and lems of our society. Let the Senate further delay. Two years is too long to affirmative action is no longer needed; wait for Senate action on this impor- move forward from the ceremonial a time when each child— girl or boy, commemorations earlier this year by tant nomination. black or white, rich or poor, urban or Yesterday, I was privileged to attend doing what is right and voting on the rural, regardless of national or ethnic a meeting with the President of the nomination of Bill Lann Lee. origin and regardless of sexual orienta- United States in the East Room of the tion or disability—shall have a fair and f White House in which he issued a chal- equal opportunity to live the American SWEARING IN OF DIANE WATSON lenge to the lawyers of our country to dream. AS AMBASSADOR TO MICRONESIA rededicate themselves to help build one Earlier this year Congress voted to America and realize the American award the Congressional Gold Medal to Mrs. FEINSTEIN. Mr. President, it is dream of equality for all under the law. Mrs. Rosa Parks. I heard Mrs. Parks, with real pleasure that I rise today to What kind of message is the Senate Reverend Jackson and the President note the swearing-in this afternoon of sending when it refuses to act on the each take the occasion to remind us California State Senator Diane Watson nomination of this outstanding Asian that the struggle for equality is not as United States Ambassador to the Pacific American? over. Federated States of Micronesia. Sen- After Bill Lann Lee graduated from I will ask the Judiciary Committee ator Watson’s confirmation was a long Yale and then Columbia Law School he again tomorrow, in the spirit of fair- time coming, and I am proud that could have spent his career in the com- ness, that the Committee recognize the today she will finally come to occupy fort and affluence of any one of the na- 18-month stewardship of the Civil the Ambassadorial posting which she tion’s top law firms. He chose, instead, Rights Division of Bill Lann Lee, his so well deserves. to spend his career on the front lines, qualifications, and his quiet dignity State Senator Watson was the first helping to open the doors of oppor- and strength and send his nomination African-American women elected to tunity to those who struggle in our so- to the full Senate so that the United the California State Senate, and has ciety. His is an American story. The States Senate may, at long last, vote represented California’s 26th District— son of immigrants whose success can on that nomination and, I hope, con- which includes Los Angeles, Culver be celebrated by all Americans. firm this fine American to full rank as City, Ladera Heights, Baldwin Hills, In my view, Bill Lann Lee should be the Assistant Attorney General for Palms, Miracle Mile, Mar Vista, Chev- commended for the years he worked to Civil Rights. iot Hills, and Koreatown—since 1978. provide legal services and access to our When confirmed Bill Lann Lee will Senator Watson has been a real leader justice system for those without the fi- be the first Asian Pacific American to in California politics and community nancial resources otherwise to retain be appointed to head the Civil Rights life, and has been in the forefront of counsel. His work should be a source of Division in its storied history and the the fight for civil rights and human pride and a basis for praise. His career highest ranking Federal Executive offi- rights in Los Angeles and the entire should be a model for those who take cer of Asian Pacific American heritage state of California for her entire ca- up the challenge that the President in our 200-year history. reer. She was a dedicated crusader in

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8949 the desegregation of Los Angeles America’s high-technology economy. I new technology has resulted in the al- school, and, in 1975, became the first would like to congratulate Senator most instantaneous transfer of con- elected African American to serve on ABRAHAM on receiving this well-de- sumer information. Bank information, the Board of Education of the Los An- served honor. medical records, and credit card pur- geles Unified School District. Senator ABRAHAM has been a cham- chases are transferred at lightning Prior to her elected office, Senator pion of high-tech since coming to the speed. But these transactions, and even Watson led a distinguished career in Senate. He has worked hard on a high- browsing on the Internet, can leave the field of education, including service tech agenda to keep Americans em- consumers vulnerable to unwanted and as an assistant superintendent of child ployed in good jobs at good wages, and illegal access to private information. welfare, a school psychologist, and as a to help our nation keep the edge we Encryption technology offers an effec- member of the faculty at both Cali- need in the global marketplace. It has tive way consumers can ensure that fornia State university Los Angeles been my pleasure to work with him on only the people they choose can read and Long Beach. She has also traveled many of these issues. other communications or their e-mail, extensively, participating in numerous Whether fighting to expand and ra- review their medical records, or take international conference on women’s tionalize the use of electronic signa- money out of their bank accounts. health issues, democracy building, and tures, expanding high-tech visas, in- Plain and simple, encryption products trade. creasing charitable giving to our protect consumers. As a member of the State Senate and schools so that we can train our kids in Over the past couple of years, we as an educator, Diane Watson has al- the uses of high-technology, keeping have seen the power of Internet com- ways brought honor to the organiza- the Internet free from unnecessary in- merce. From amazon.com to eBay to tions and people she has represented. terference and taxation, or seeing to it drugstore.com, companies with a dot For many years now she has been a that we are prepared for the year 2000, com have become the darlings of the leader in improving the lives of Califor- Senator ABRAHAM has been a leader on investment world. For consumers, on- nians, and I am pleased that the people high-tech issues. line commerce provides viable competi- Now Senator ABRAHAM is working to of the United States will now also be tion and, thus, a cost-effective alter- protect property rights on the Internet able to benefit from her experience, en- native to traditional brick-and-mortar through his anti-cybersquatting legis- ergy, and talents as our Ambassador to stores. lation. His bill would empower trade- the Federated States of Micronesia. The Internet, however, will never mark owners to protect their marks, at f achieve its full potential as a center of the same time protecting consumers commerce if consumers do not trust THE VERY BAD DEBT BOXSCORE from potential fraud. that their transactions and commu- There is no doubt in my mind that Mr. HELMS. Mr. President, at the nications remain confidential. If we Senator ABRAHAM’s efforts will help close of business yesterday, Tuesday, ever are to realize the commercial and workers and the economy in Michigan July 20, 1999, the Federal debt stood at communications potential of the Inter- and across the United States. Once $5,630,644,963,071.99 (Five trillion, six net, we must have sophisticated and ef- again, I congratulate him on this hundred thirty billion, six hundred fective encryption. honor, and on the accomplishments forty-four million, nine hundred sixty- For these precise reasons, consumers that have earned it for him. three thousand, seventy-one dollars have an economic interest in the use of and ninety-nine cents). f strong encryption technology. That One year ago, July 20, 1998, the Fed- PROTECT ACT economic interest necessitates more eral debt stood at $5,532,950,000,000 Mr. FEINGOLD. Mr. President, I rise research and more development of (Five trillion, five hundred thirty-two today to discuss an issue of increasing stronger technology. The current ex- billion, nine hundred fifty million). national and international importance. port control climate, however, stifles Five years ago, July 20, 1994, the Fed- Mr. President, encryption may not development of domestic encryption eral debt stood at $4,626,395,000,000 yet be the most common term in the technology. I believe that expansion of (Four trillion, six hundred twenty-six American lexicon, but it may well af- the market for U.S. developers will billion, three hundred ninety-five mil- fect every American as we progress in serve to quicken the pace of innova- lion). this Information Age. Encryption sys- tion. Ten years ago, July 20, 1989, the Fed- tems provide security to conventional Two recent reports bear this out. The eral debt stood at $2,803,321,000,000 (Two and cellular telephone conversation, Electronic Privacy Information Center trillion, eight hundred three billion, fax transmissions, local and wide area found that the United States is vir- three hundred twenty-one million). networks, personal computers, remote tually alone in its restrictions on Fifteen years ago, July 20, 1984, the key entry systems, and radio frequency encryption. Another report by re- Federal debt stood at $1,534,688,000,000 communication systems. As we become searchers at George Washington Uni- (One trillion, five hundred thirty-four more reliant on these technologies, versity found that 35 foreign countries billion, six hundred eighty-eight mil- encryption becomes a more important manufacture 805 encryption products. lion) which reflects a debt increase of application. The same GWU report found that of the more than $4 trillion— For these and other reasons, I come 15 algorithms now being considered by $4,095,956,963,071.99 (Four trillion, nine- to the floor today to discuss my deci- the National Institute of Standards for ty-five billion, nine hundred fifty-six sion to cosponsor S. 798, the Promote a new American encryption standard, million, nine hundred sixty-three thou- Reliable Online Transactions to En- 10 have been developed outside the U.S. sand, seventy-one dollars and ninety- courage Commerce and Trade, or PRO- Clearly, our outdated policies are doing nine cents) during the past 15 years. TECT Act. This bill pushes us toward a more to exclude U.S. manufacturers f thoughtful debate on encryption pol- from the marketplace than they are icy. doing to keep encryption technology HIGH TECH AWARD FOR SENATOR I appreciate the efforts of the Chair- out of the hands of criminals. ABRAHAM man of the Commerce Committee, Sen- I do not mean to belittle the serious Mr. MCCAIN. Mr. President, I rise to ator MCCAIN, to push this important law enforcement implications of inform my colleagues of a significant legislation forward. As the chairman encryption. As the FBI has stated, honor recently bestowed upon our col- knows all too well, balancing com- ‘‘encryption has been used to conceal league, the Senator from Michigan, Mr. peting interests, regardless of issue, is criminal activity and thwart law en- ABRAHAM. a difficult, and often thankless, job. In forcement efforts to collect critical On June 16, Senator ABRAHAM be- this case, we must find an equitable evidence needed to solve serious and came the first United States Senator balance between personal privacy, often violent criminal activities.’’ The to receive the ‘‘Cyber Champion’’ technological innovation and public same technology that prevents a com- award, from the Business Software Al- safety. puter hacker from stealing one’s credit liance. He was recognized for his legis- The rapidly expanding global mar- card number can prevent a law enforce- lative accomplishments in support of ketplace and our increasing reliance on ment officer, even one with a properly

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8950 CONGRESSIONAL RECORD — SENATE July 21, 1999 obtained court order, from decrypting August 2, 1990, of a national emergency nium of the discovery of the new World by illegal information. has not been resolved. The Government Lief Ericson; to the Committee on Banking, But the fact of the matter is that of Iraq continues to engage in activi- Housing, and Urban Affairs. criminals simply can purchase and use ties inimical to stability in the Middle H.R. 322. An act for the relief of Suchada Kwong; to the Committee on the Judiciary. an advanced encryption product pro- East and hostile to United States in- H.R. 660. An act for the private relief of duced in a foreign country. I under- terests in the region. Such Iraqi ac- Ruth Hairston by waiver of a filing deadline stand concerns that some in the law tions pose a continuing unusual and ex- for appeal from a ruling relating to her ap- enforcement community may have. traordinary threat to the national se- plication for a survivor annuity; to the Com- Muzzling American development and curity and vital foreign policy inter- mittee on Governmental Affairs. export, however, is a doomed strategy. ests of the United States. For these H.R. 1033. An act to require the Secretary I believe there should be criminal pen- reasons, I have determined that it is of the Treasury to mint coins in commemo- alties for those that use encryption in necessary to maintain in force the ration of the bicentennial of the Lewis and Clark Expedition, and for other purposes; to the furtherance of a crime and I hope broad authorities necessary to apply the Committee on Banking, Housing, and the Senate will adopt penalties similar economic pressure on the Government Urban Affairs. to those found in the leading House of Iraq. H.R. 1477. An act to withhold voluntary encryption bill. WILLIAM J. CLINTON. proportional assistance for programs and Mr. President, there is no question THE WHITE HOUSE, July 20, 1999. projects of the International Atomic Energy Agency relating to the development and that this bill moves us forward, both in f terms of privacy and technological in- completion of the Bushehr nuclear power novation. I must point out, however, MESSAGES FROM THE HOUSE plant in Iran, and for other purposes; to the Committee on Foreign Relations. that my support for this bill will not At 10:42 a.m., a message from the preclude me from advocating a strong- House of Representatives, delivered by The following concurrent resolution er privacy position in the future. My Ms. Kelleher, one of its reading clerks, was read and referred as indicated: cosponsorship of this bill establishes announced that the House has passed H.Con.Res. 121. Concurrent resolution ex- what I believe should be the starting the following bills, in which it requests pressing the sense of the Congress regarding point for the Congress to begin the the concurrence of the Senate: the victory of the United States in the cold encryption debate. I look forward to war and the fall of the Berlin Wall; to the H.R. 31. An act to require the Secretary of Committee on the Judiciary. working with my colleagues on this the Treasury to mint coins in conjunction very important issue. with the minting of coins by the Republic of f I yield the floor. Iceland in commemoration of the discovery EXECUTIVE AND OTHER f of the New World by Leif Ericson. H.R. 322. An act for the relief of Suchada COMMUNICATIONS MESSAGES FROM THE PRESIDENT Kwong. The following communications were Messages from the President of the H.R. 660. An act for the private relief of laid before the Senate, together with United States were communicated to Ruth Hairston by waiver of a filing deadline accompanying papers, reports, and doc- for appeal from a ruling relating to her ap- uments, which were referred as indi- the Senate by Mr. Williams, one of his plication for a survivor annuity. secretaries. H.R. 1033. An act to require the Secretary cated: EXECUTIVE MESSAGES REFERRED of the Treasury to mint coins in commemo- EC–4265. A communication from the Direc- As in executive session the Presiding ration of the bicentennial of the Lewis and tor, Office of Regulatory Management and Officer laid before the Senate messages Clark Expedition, and for other purposes. Information, Office of Policy, Planning and from the President of the United H.R. 1477. An act to withhold voluntary Evaluation, Environmental Protection Agen- cy, transmitting, pursuant to law, the report States submitting sundry nominations proportional assistance for programs and projects of the International Atomic Energy of a rule entitled ‘‘Approval and Promulga- which were referred to the appropriate Agency relating to the development and tion of Implementation Plans; California committees. completion of the Bushehr nuclear power State Implementation Plan Revision, South (The nominations received today are plant in Iran, and for other purposes. Coast Air Quality Management District and Yolo-Solano Air Quality Management Dis- printed at the end of the Senate pro- The message also announced that the ceedings.) trict’’ (FRL # 6376–3), received July 15, 1999; House has agreed to the following con- to the Committee on Environment and Pub- f current resolutions, in which it re- lic Works. REPORT OF THE NOTICE OF THE quests the concurrence of the Senate: EC–4266. A communication from the Direc- CONTINUATION OF THE IRAQI H.Con.Res. 121. Concurrent resolution des- tor, Office of Regulatory Management and EMERGENCY—MESSAGE FROM ignating the Document Door of the United Information, Office of Policy, Planning and THE PRESIDENT—PM 50 States in the cold war and the fall of the Evaluation, Environmental Protection Agen- Berlin Wall. cy, transmitting, pursuant to law, the report The PRESIDING OFFICER laid be- H.Con.Res. 158. Concurrent resolution des- of a rule entitled ‘‘Approval and Promulga- fore the Senate the following message ignating the Document Door of the United tion of State Implementation Plans; Michi- from the President of the United States Capitol as the ‘‘Memorial Door.’’ gan’’ (FRL # 6357–3), received July 15, 1999; to States, together with an accompanying the Committee on Environment and Public The message further announced that Works. report; which was referred to the Com- the House has passed the following mittee on Banking, Housing, and EC–4267. A communication from the Direc- bills, without amendment: tor, Office of Regulatory Management and Urban Affairs. S. 361. An act to direct the Secretary of the Information, Office of Policy, Planning and To the Congress of the United States: Interior to transfer to John R. and Margaret Evaluation, Environmental Protection Agen- Section 202(d) of the National Emer- J. Lowe of Big Horn County, Wyoming, cer- cy, transmitting, pursuant to law, the report gencies Act (50 U.S.C. 1622(d)) provides tain land so as to correct an error in the pat- of a rule entitled ‘‘Technical Correction of for the automatic termination of a na- ent issued to their predecessors in interest. Partial Withdrawal of Direct Final Rule, tional emergency unless, prior to the S. 449. An act to direct the Secretary of the Protection of Stratosphic Ozone: Reconsider- ation of Petition Criteria and Incorporation anniversary date of its declaration, the Interior to transfer to the personal rep- resentative of the estate of Fred Steffens of of Montreal Protocol Decisions’’ (FRL # President publishes in the Federal Reg- Big Horn County, Wyoming, certain land 6400–9), received July 15, 1999; to the Com- ister and transmits to the Congress a comprising the Steffens family property. mittee on Environment and Public Works. notice stating that the emergency is to f EC–4268. A communication from the Direc- continue in effect beyond the anniver- tor, Office of Regulatory Management and sary date. In accordance with this pro- MEASURES REFERRED Information, Office of Policy, Planning and vision I have sent the enclosed notice, The following bills were read the first Evaluation, Environmental Protection Agen- stating that the Iraqi emergency is to cy, transmitting, pursuant to law, the report and second times by unanimous con- of a rule entitled ‘‘Approval and Promulga- continue in effect beyond August 2, sent and referred as indicated: tion of Implementation Plans; California 1999, to the Federal Register for publica- H.R. 31. An act to require the Secretary of State Implementation Plan Revision; Kern tion. the Treasury to mint coins in conjunction County Air Pollution Control District; Mo- The crisis between the United States with the minting of coins by the Republic of jave Desert Air Quality Management Dis- and Iraq that led to the declaration on Iceland in commemoration of the millen- trict; Ventura County Air Pollution Control

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8951 District’’ (FRL # 6378–7), received July 15, EC–4277. A communication from the Pro- tation, transmitting, pursuant to law, the re- 1999; to the Committee on Environment and gram Analyst, Office of the Chief Counsel, port of a rule entitled ‘‘Certification Re- Public Works. Federal Aviation Administration, Depart- quirements for Vehicle Alterers’’ (RIN2127– EC–4269. A communication from the Direc- ment of Transportation, transmitting, pur- AH49), received July 15, 1999; to the Com- tor, Office of Regulatory Management and suant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- Information, Office of Policy, Planning and ‘‘Airworthiness Directives: Pratt and Whit- tation. Evaluation, Environmental Protection Agen- ney JT9D Series Turbofan Engines; Docket EC–4286. A communication from the Sec- cy, transmitting, pursuant to law, the report No. 99–ANE–23 (7–13/7–15)’’ (RIN2120–AA64) retary of Transportation, transmitting, a of a rule entitled ‘‘Approval and Promulga- (1999–0270), received July 15, 1999; to the Com- draft of proposed legislation relative to the tion of Air Quality Implementation Plans; mittee on Commerce, Science, and Transpor- definition of ‘‘public aircraft’’; to the Com- Maryland—Fuel Burning Equipment’’ (FRL tation. mittee on Commerce, Science, and Transpor- # 6378–7), received July 15, 1999; to the Com- EC–4278. A communication from the Pro- tation. mittee on Environment and Public Works. gram Analyst, Office of the Chief Counsel, EC–4287. A communication from the Assist- EC–4270. A communication from the Direc- Federal Aviation Administration, Depart- ant Secretary, Legislative Affairs, Depart- tor, Office of Regulatory Management and ment of Transportation, transmitting, pur- ment of State, transmitting, pursuant to Information, Office of Policy, Planning and suant to law, the report of a rule entitled law, a report of the Certification to the Con- Evaluation, Environmental Protection Agen- ‘‘Airworthiness Directives: The New Piper gress for Suriname relative to shrimp har- cy, transmitting, pursuant to law, the report Aircraft, Inc. Models PA–46–310P and PA–46– vested with technology; to the Committee on of a rule entitled ‘‘Clean Air Act Approval 350P Airplanes; Docket No. 99–CE–112 (7–13/7– Commerce, Science, and Transportation. and Promulgation of California State Imple- 15)’’ (RIN2120–AA64) (1999–0269), received July EC–4288. A communication from the Assist- mentation Plan for the San Joaquin Valley 15, 1999; to the Committee on Commerce, ant Secretary, Legislative Affairs, Depart- Unified Air Pollution. Control District’’ Science, and Transportation. ment of State, transmitting, pursuant to (FRL # 6378–7), received July 15, 1999; to the EC–4279. A communication from the Pro- law, a report relative to danger pay for gov- Committee on Environment and Public gram Analyst, Office of the Chief Counsel, ernment employees in Eritrea; to the Com- Works. Federal Aviation Administration, Depart- mittee on Foreign Relations. EC–4271. A communication from the Direc- ment of Transportation, transmitting, pur- EC–4289. A communication from the Direc- tor, Office of Regulatory Management and suant to law, the report of a rule entitled tor, Office of Surface Mining, Department of Information, Office of Policy, Planning and ‘‘Airworthiness Directives: McDonnell Doug- the Interior, transmitting, pursuant to law, Evaluation, Environmental Protection Agen- las Model DC–9–10, –20, –30, –40, and –50 Series the report of a rule entitled ‘‘North Dakota cy, transmitting, pursuant to law, the report Airplanes, and C–9 Airplanes; Docket No. 97– Regulatory Program’’ (SPATS # ND–038– of a rule entitled ‘‘Ocean Dumping; Amend- NM–49 (7–14/7–15)’’ (RIN2120–AA64) (1999–0271), FOR), received July 15, 1999; to the Com- ment of Site Designation’’ (FRL # 6377–3), re- received July 15, 1999; to the Committee on mittee on Energy and Natural Resources. ceived July 15, 1999; to the Committee on En- Commerce, Science, and Transportation. EC–4290. A communication from the Sec- vironment and Public Works. EC–4280. A communication from the Pro- retary of the Army and the Secretary of Ag- EC–4272. A communication from the Direc- gram Analyst, Office of the Chief Counsel, riculture, transmitting jointly, pursuant to tor, Office of Regulatory Management and Federal Aviation Administration, Depart- law, a report of a joint order interchanging Information, Office of Policy, Planning and ment of Transportation, transmitting, pur- administrative jurisdiction of Department of Evaluation, Environmental Protection Agen- suant to law, the report of a rule entitled the Army lands and National Forest lands at cy, transmitting, pursuant to law, the report ‘‘Airworthiness Directives: Smme GmbH and Willow Island Locks and Dam and Wayne Na- of a rule entitled ‘‘Standards for the Use of Co. KG Model S10–VT Airplanes; Docket No. tional Forest; to the Committee on Environ- Disposal of Sewage Sludge’’ (FRL # 6401–3), 99–CE–07 (7–14/7–15)’’ (RIN2120–AA64) (1999– ment and Public Works. received July 15, 1999; to the Committee on 0272), received July 15, 1999; to the Com- f Environment and Public Works. mittee on Commerce, Science, and Transpor- EC–4273. A communication from the Fish- tation. REPORTS OF COMMITTEES eries Biologist, Office of Protected Re- EC–4281. A communication from the Spe- The following reports of committees sources, National Marine Fisheries Service, cial Assistant to the Chief, Mass Media Bu- National Oceanic and Atmospheric Adminis- reau, Federal Communications Commission, were submitted: tration, Department of Commerce, transmit- transmitting, pursuant to law, the report of By Mr. MURKOWSKI, from the Committee ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Amendment of Section on Energy and Natural Resources, without titled ‘‘Endangered and Threatened Wildlife 73.202(b), Table of Allotments, FM Broadcast amendment: and Plants; 90-day finding for a petition to Stations, (Mullins and Briarcliffe Acres, S. 1088. A bill to authorize the Secretary of list barndoor skate (‘‘Raja laevis’’) as South Carolina)’’ (MM Docket No. 97–72; RM Agriculture to convey certain administra- Threatened or Endangered’’ (ID 061199C), re- 901), received July 15, 1999; to the Committee tive sites in national forests in the State of ceived July 16, 1999. on Commerce, Science, and Transportation. Arizona, to convey certain land to the City EC–4274. A communication from the Fish- EC–4282. A communication from the Spe- of Sedona, Arizona for a wastewater treat- eries Biologist, Office of Protected Re- cial Assistant to the Chief, Mass Media Bu- ment facility, and for other purposes (Rept. sources, National Marine Fisheries Service, reau, Federal Communications Commission, No. 106–115). National Oceanic and Atmospheric Adminis- transmitting, pursuant to law, the report of H.R. 15. A bill to designate a portion of the tration, Department of Commerce, transmit- a rule entitled ‘‘Amendment of Section Otay Mountain region of California as wil- ting, pursuant to law, the report of a rule en- 73.202(b), Table of Allotments, FM Broadcast derness (Rept. No. 106–116). titled ‘‘Listing Endangered and Threatened Stations, (Logan, Utah and Evanston, Wyo- By Mr. MURKOWSKI, from the Committee Species and Designating Critical Habitat: ming)’’ (MM Docket No. 98–211), received on Energy and Natural Resources, with an Petition to List Eighteen Species of Marine July 15, 1999; to the Committee on Com- amendment in the nature of a substitute and Fishes in Pudget Sound, Washington’’ (ID merce, Science, and Transportation. an amendment to the title: 061199B), received July 16, 1999; to the Com- EC–4283. A communication from the Acting S. 581. A bill to protect the Paoli and Bran- mittee on Environment and Public Works. Director, Office of Sustainable Fisheries, Na- dywine Battlefields in Pennsylvania, to au- EC–4275. A communication from the Pro- tional Marine Fisheries Service, Department thorize a Valley Forge Museum of the Amer- gram Analyst, Office of the Chief Counsel, of Commerce, transmitting, pursuant to law, ican Revolution at Valley Forge National Federal Aviation Administration, Depart- the report of a rule entitled ‘‘Closure for Pa- Historical Park, and for other purposes ment of Transportation, transmitting, pur- cific Ocean Perch in the Eastern Aleutian (Rept. No. 106–117). suant to law, the report of a rule entitled District of the Bering Sea and Aleutian Is- f ‘‘Airworthiness Directives: MT-Propeller lands Area’’, received July 15, 1999; to the Entwicklung MBH Models MTV–9–B–C and Committee on Commerce, Science, and EXECUTIVE REPORTS OF MTV–3–B–C Propellers; Request for Com- Transportation. COMMITTEE ments; Docket No. 99–NE–35 (7–8/7–15)’’ EC–4284. A communication from the Acting The following executive reports of (RIN2120–AA64) (1999–0268), received July 15, Director, Office of Sustainable Fisheries, Na- committees were submitted: 1999; to the Committee on Commerce, tional Marine Fisheries Service, Department By Mr. LUGAR, for the Committee on Ag- Science, and Transportation. of Commerce, transmitting, pursuant to law, riculture, Nutrition, and Forestry: EC–4276. A communication from the Pro- the report of a rule entitled ‘‘Atlantic Highly William J. Ranier, of New Mexico, to be gram Analyst, Office of the Chief Counsel, Migratory Species (HMS) Fisheries; Fishery Chairman of the Commodity Futures Trad- Federal Aviation Administration, Depart- Management Plan (FMP), Amendment, and ing Commission. ment of Transportation, transmitting, pur- Consolidation of Regulations’’, (RIN0648– William J. Ranier, of New Mexico, to be a suant to law, the report of a rule entitled AJ67) (I.D. 071699B), received July 16, 1999; to Commissioner of the Commodity Futures ‘‘Establishment of Class E Airspace; Avon the Committee on Commerce, Science, and Trading Commission for the term expiring Park, FL; Docket No. 99–ASO–8 (7–13/7–15)’’ Transportation. April 13, 2004. (RIN2120–AA66) (1999–0221), received July 15, EC–4285. A communication from the Trial 1999; to the Committee on Commerce, Attorney, National Highway Traffic Safety (The above nominations were re- Science, and Transportation. Administration, Department of Transpor- ported with the recommendation that

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8952 CONGRESSIONAL RECORD — SENATE July 21, 1999 they be confirmed, subject to the nomi- STATEMENTS ON INTRODUCED A crime committed not just to harm nees’ commitment to respond to re- BILLS AND JOINT RESOLUTIONS an individual, but out of the motive of quests to appear and testify before any By Mr. HATCH: sending a message of hatred to an en- duly constituted committee of the Sen- S. 1406. A bill to combat hate crimes. tire community—oftentimes a commu- ate.) nity defined on the basis of immutable COMBATING HATE CRIMES f traits—is appropriately punished more Mr. HATCH: Mr. President, in the harshly, or in a different manner, than INTRODUCTION OF BILLS AND face of some of the hate crimes that other crimes. have riveted public attention—and JOINT RESOLUTIONS This is in keeping with the long- have unfortunately made the name standing principle of criminal justice— The following bills and joint resolu- Benjamin Nathaniel Smith synony- as recognized recently by the U.S. Su- tions were introduced, read the first mous with the recent spate of shoot- preme Court in a unanimous decision and second time by unanimous con- ings in Illinois; the names James Byrd upholding Wisconsin’s sentencing en- sent, and referred as indicated: synonymous with Jasper, Texas; and hancement for hate crimes—that the By Mr. HATCH: the name Matthew Shepard synony- worse a criminal defendant’s motive, S. 1406. A bill to combat hate crimes; to mous with Laramie, Wyoming—I am the Committee on the Judiciary. the worse the crime. (Wisconsin v. committed in my view that the Senate By Mr. FRIST: Mitchell, 1993) must lead and speak against hate S. 1407. A bill to authorize appropriations Moreover, hate crimes are more like- for the Technology Administration of the crimes. Department of Commerce for fiscal years During and just preceding this past ly to provoke retaliatory crimes; they 2000, 2001, and 2002, and for other purposes; to generation, Congress has been the en- inflict deep, lasting, and distinct inju- the Committee on Commerce, Science, and gine of progress in securing America’s ries—some of which never heal—on vic- Transportation. civil rights achievements and in driv- tims and their family members; they By Mr. JEFFORDS (for himself, Mr. ing us as a society increasingly closer incite community unrest; and, ulti- MOYNIHAN, Mr. SCHUMER, MR. LAU- mately, they are downright un-Amer- TENBERG, Mr. LIEBERMAN, and Mr. to the goal of equal rights for all under the law. ican. LEAHY): The melting pot of America is, world- S. 1408. A bill to amend the Small Business Historians will conclude, I have little Investment Act of 1958 to promote the clean- doubt, that many of America’s greatest wide, the most successful multi-ethnic, up of abandoned, idled, or underused com- strides in civil rights progress took multi-racial, and multi-faith country mercial or industrial facilities, the expan- place just before this present moment in all recorded history. This is some- sion or redevelopment of which are com- on history’s grand time line: Congress thing to ponder as we consider the plicated by real or perceived environmental protected Americans from employment atrocities so routinely sanctioned in contamination, and for other purposes; to other countries—like Serbia so re- the Committee on Small Business. discrimination on the basis of race, sex, color, religion, and national origin cently—committed against persons en- By Mr. MCCONNELL (for himself and tirely on the basis of their racial, eth- Mr. BUNNING): with the passage of the Civil Rights S. 1409. A bill to amend the Internal Rev- Act of 1964; Congress protected Ameri- nic, or religious identity. enue Code of 1986 to reduce from 24 months cans from gender-based discrimination I am resolute in my view that the to 12 months the holding period used to de- in rates of pay for equal work with the federal government can play a valuable termine whether horses are assets described Equal Pay Act of 1963; and from age role in responding to hate crime. One in section 1231 of such Code; to the Com- discrimination with the passage of the example here is my sponsorship of the mittee on Finance. Age Discrimination in Employment Hate Crime Statistics Act of 1990, a law By Mr. STEVENS: which instituted a data collection sys- S. 1410. A bill to amend the Internal Rev- Act of 1967; Congress extended protec- enue Code of 1986 with respect to the treat- tions to immigration status with the tem to assess the extent of hate crime ment of certain air transportation; to the Immigration Reform and Control Act activity, and which now has thousands Committee on Finance. in 1986, and to the disabled with the of voluntary law enforcement agency S. 1411. A bill to amend the Internal Rev- passage of the Americans With Disabil- participants. enue Code of 1986 to extend the credit for ities Act in 1990. And the list continues Another, more recent example, is the producing electricity from certain renewable on and on. passage in 1996 of the Church Arson resources; to the Committee on Finance. Yet while America’s elected officials Protection Act, which, among other f have striven mightily through the pas- things, criminalized the destruction of SUBMISSION OF CONCURRENT AND sage of such measures to stop discrimi- any church, synagogue, mosque, or SENATE RESOLUTIONS nation in the workplace, or at the other place of religious worship be- hands of government actors, what re- cause of the race, color, or ethnic char- The following concurrent resolutions mains tragically unaddressed in large acteristics of an individual associated and Senate resolutions were read, and part is discrimination against peoples’ with that property. referred (or acted upon), as indicated: own security—that most fundamental To be sure, however, any federal re- By Mrs. MURRAY (for herself, Mr. right to be free from physical harm. sponse—to be a meaningful one—must WARNER, Mr. HATCH, Mr. BINGAMAN, Despite our best efforts, discrimina- abide by the constitutional limitations Mrs. BOXER, Mr. CHAFEE, Mr. DODD, imposed on Congress, and be cognizant Mr. DORGAN, Mr. EDWARDS, Mr. GOR- tion continues to persist in many TON, Mr. GRAMS, Mr. JEFFORDS, Mr. forms in this country, but most sadly of the limitations on Congress’ enu- JOHNSON, Mr. KENNEDY, Mr. KERRY, in the rudimentary and malicious form merated powers that are routinely en- Ms. LANDRIEU, Mr. LAUTENBERG, Mr. of violence against individuals because forced by the courts. LEVIN, Mr. LIEBERMAN, Mr. MOY- of their identities. This is more true today than it would NIHAN, Mr. REID, Mr. ROBB, Mr. SAR- A fair question for this Congress is have been even a mere decade ago, BANES, Mr. SCHUMER, Mr. SMITH of what it will do to stem this ugly form given the significant revival by the Oregon, Mr. SPECTER, Mr. of hatred and to counter hate crime as U.S. Supreme Court of the federalism TORRICELLI, and Mr. WELLSTONE): S. Res. 158. A resolution designating Octo- boldly as this Congress has attempted doctrine in a string of decisions begin- ber 21, 1999, as a ‘‘Day of National Concern to redress workplace bias and govern- ning in 1992. Those decisions must About Young People and Gun Violence’’; to mental discrimination. Will we con- make us particularly vigilant in re- the Committee on the Judiciary. tinue to advance boldly in this latest specting the courts’ restrictions on By Mrs. HUTCHISON (for herself, Mr. civil rights frontier by furthering Con- Congress’ powers to legislate under sec- BOND, MS. COLLINS, Mr. FRIST, Mr. gress’ proud legacy, or will we demur tion 5 of the 14th amendment, and ALLARD, Mr. EDWARDS, Mr. COCHRAN, on the ground that this is not now a under the commerce clause. [City of Mr. CLELAND, Mr. ROBERTS, and Mr. battle for our waging? Boerne (invalidating Religious Freedom TORRICELLI): S. Con. Res. 47. A concurrent resolution ex- Let me state, unequivocally, that Restoration Act under 14th amend- pressing the sense of Congress regarding the this is America’s fight. As much as we ment); Lopez (invalidating Gun-Free regulatory burdens on home health agencies; condemn all crime, hate crime can be School Zones Act under commerce to the Committee on Finance. more sinister that non-hate crime. clause); Brzondala (4th circuit decision

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8953 invalidating one section of the Vio- hate crime law, Congress will review governing any legislative action we lence Against Women Act on both its recommendation and consider addi- take. grounds).] tional ways to promote uniformity My proposal should unite all of us on We therefore need to arrive at a fed- among the states. the point about which we should most eral response to hate crimes that is not Fourth, my proposal makes a long- fervently agree—that the Senate must only as effective as possible, but that overdue modification of our existing speak firmly and meaningfully in de- carefully navigates the rocky shoals of federal hate crime law (passed in 1969) nouncing as wrong in all respects those these court decisions. To that end, I to allow for the prosecution by federal actions we have increasingly come to have prepared an approach that I be- authorities of those hate crimes that know as hate crimes. Our continued lieve will be not only an effective one, are classically within federal progress in fighting to protect Ameri- but one that would avoid altogether jurisdication—that is, hate crimes in cans’ civil rights demands no less. the constitutional risks that attach to which state lines have been crossed. Mr. President, I feel deeply about other possible federal responses that Mr. President, I believe that passage this. I hope our colleagues will look at have been raised. of this comprehensive measure will this seriously and realize this is the Indeed, just a couple months ago, prove a strong antidote to the scourge way to go. It appropriately respects the Deputy Attorney General Eric Holder of hate crimes. rights of the States and the rights of testified before the Senate Judiciary It is no answer for the Senate to sit the Federal Government. It appro- Committee that states and localities by silently while these crimes are priately sets the tone. It appropriately should continue to be responsible for being committed. The ugly, bigoted, goes after these types of crimes in a prosecuting the overwhelming major- and violent underside of some in our very intelligent and decent way. I be- ity of hate crimes, and that no legisla- country that is reflected by the com- lieve it is the way to get at the bottom tion is worthwhile if it is invalidated mission of hate crimes must be com- of this type of criminal activity in our as unconstitutional. bated at all levels of government. society today. There are four principal components For some, federal leadership neces- I ask unanimous consent that the to my approach: sitates federal control. I do not sub- text of the bill be printed in the First, it creates a meaningful part- scribe to this view, especially when it RECORD. nership between the federal govern- comes to this problem. It has been pro- There being no objection, the bill was ment and the states in combating hate posed by some that to combat hate ordered to be printed in the RECORD, as crime, by establishing within the Jus- crime Congress should enact a new tier follows: tice Department a fund to assist state of far-reaching federal criminal legisla- S. 1406 and local authorities in investigating tion. That approach strays from the Be it enacted by the Senate and House of Rep- and prosecuting hate crime. foundations of our constitutional resentatives of the United States of America in Congress assembled, Much of the cited justification given structure—namely, the first principles SECTION 1. HATE CRIMES. by those who advocate broad federal ju- of federalism that for more than two (a) DECLARATIONS.—Congress declares risdiction over hate crimes is a lack of centuries have vested states with pri- that— adequate resources at the state and mary responsibility for prosecuting (1) further efforts must be taken at all lev- local level. crimes committed within their bound- els of government to respond to the stag- Accordingly, before we take the step aries. gering brutality of hate crimes that have of making every criminal offense moti- As important as this issue is, there is riveted public attention and shocked the Na- vated by a hatred of someone’s immu- little evidence such a step is war- tion; table traits a federal offense, it is im- ranted, or that it will do any more (2) hate crimes are prompted by bias and are committed to send a message of hate to perative that we equip states and local- than what I have proposed. In fact, one targeted communities, usually defined on ities with the resources necessary so could argue that national enforcement the basis of immutable traits; that they can undertake these criminal of hate crime could decrease if states (3) the prominent characteristic of a hate investigations and prosecutions on are told the federal government has as- crime is that it devastates not just the ac- their own. sumed primary responsibility over hate tual victim and the victim’s family and Second, my approach undertakes a crime enforcement. friends, but frequently savages the commu- comprehensive analysis of the raw data Accordingly, we must lead—but lead nity sharing the traits that caused the vic- that has been collected pursuant to the resonsibly—recognizing that we live in tim to be selected; (4) any efforts undertaken by the Federal 1990 Hate Crime Statistics Act, includ- a country of governments of shared and Government to combat hate crimes must re- ing a comparison of the records of dif- divided responsibilities. spect the primacy that States and local offi- ferent jurisdictions—some with hate In confronting a world of prejudice cials have traditionally been accorded in the crime law, others without—to deter- greater than any of us can now imag- criminal prosecution of acts constituting mine whether there is, in fact, a prob- ine, Lincoln said to Congress in 1862 hate crimes; and lem in certain states’ prosecution of that the ‘‘dogmas of the quiet past’’ (5) an overly broad reaction by the Federal those criminal acts constituting hate were ‘‘inadequate to the stormy Government to this serious problem might crimes. present. The occasion is piled high with ultimately diminish the accountability of Third, my approach directs an appro- difficulty, and we must rise—with the State and local officials in responding to hate crimes and transgress the constitu- priate, neutral forum to develop a occasion. As our case is new, so we tional limitations on the powers vested in model hate crimes statute that would must think anew, and act anew.’’ Congress under the Constitution. enable states to evaluate their own In that very spirit, I encourage this (b) STUDIES.— laws, and adopt—in whole or in part body to question the dogma that fed- (1) COLLECTION OF DATA.— from the model statute—hate crime eral leadership must include federal (A) DEFINITION OF HATE CRIME.—In this legislation at the state level. control, and I encourage this body to paragraph, the term ‘‘hate crime’’ means— One of the arguments cited for a fed- act anew by supporting a proposal that (i) a crime described in subsection (b)(1) of the first section of the Hate Crime Statistics eralization of enforcement is the vary- is far-reaching in its efforts to stem Act (28 U.S.C. 534 note); and ing scope and punitive force of state hate crime, and that is at the same (ii) a crime that manifests evidence of prej- laws. Yet there are many areas of time respectful of the primacy states udice based on gender or age. grave national concern—such as drunk have traditionally enjoyed in pros- (B) COLLECTION FROM CROSS-SECTION OF driving, by way of example—that are ecuting crimes committed within their STATES.—Not later than 120 days after the appropriately left to the states for boundaries. date of enactment of this Act, the Comp- criminal enforcement and punishment. Ultimately, I believe the approach I troller General of the United States, in con- Before we make all hate crimes fed- have set forth is a principled way to ac- sultation with the National Governors’ Asso- eral offenses, I believe we should pur- commodate our twin aims—our well-in- ciation, shall select 10 jurisdictions with laws classifying certain types of crimes as sue avenues that advance consistency tentioned desire to investigate, pros- hate crimes and 10 jurisdictions without among the states through the vol- ecute, and, hopefully, end these vicious such laws from which to collect data de- untary efforts of their legislatures. crimes; and our unequivocal duty to re- scribed in subparagraph (C) over a 12-month Perhaps, upon completion of this model spect the constitutional boundaries period.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8954 CONGRESSIONAL RECORD — SENATE July 21, 1999 (C) DATA TO BE COLLECTED.—The data to be (2) GRANTS.— tion of the Department of Commerce collected are— (A) IN GENERAL.—There is established a for fiscal years 2000, 2001, and 2002, and (i) the number of hate crimes that are re- grant program within the Department of for other purposes; to the Committee ported and investigated; Justice to assist State and local officials in on Commerce, Science, and Transpor- (ii) the percentage of hate crimes that are the investigation and prosecution of hate prosecuted and the percentage that result in crimes. tation. conviction; (B) ELIGIBILITY.—A State or political sub- TECHNOLOGY ADMINISTRATION AUTHORIZATION (iii) the length of the sentences imposed division of a State applying for assistance ACT FOR FISCAL YEARS 2000, 2001, AND 2002 for crimes classified as hate crimes within a under this paragraph shall— ∑ Mr. FRIST. Mr. President, I rise jurisdiction, compared with the length of (i) describe the purposes for which the today to offer a bill to authorize the sentences imposed for similar crimes com- grant is needed; and mitted in jurisdictions with no hate crime (ii) certify that the State or political sub- appropriations for the Technology Ad- laws; and division lacks the resources necessary to in- ministration (TA) of the Department of (iv) references to and descriptions of the vestigate or prosecute the hate crime. Commerce for fiscal years 2000, 2001, laws under which the offenders were pun- (C) DEADLINE.—An application for a grant and 2002. This bill authorizes funding ished. under this paragraph shall be approved or for activities in the National Institute (D) COSTS.—Participating jurisdictions disapproved by the Attorney General not of Standards and Technology (NIST), shall be reimbursed for the reasonable and later than 24 hours after the application is the National Technical Information necessary costs of compiling data under this submitted. Services (NTIS), the Office of Tech- paragraph. (D) GRANT AMOUNT.—A grant under this (2) STUDY OF TRENDS.— paragraph shall not exceed $100,000 for any nology Policy (OTP), and the Office of (A) IN GENERAL.—Not later than 18 months single case. Space Commercialization (OSC). after the date of enactment of this Act, the (E) REPORT.—Not later than December 31, The Technology Administration is Comptroller General of the United States 2001, the Attorney General, in consultation the only federal agency responsible for and the General Accounting Office shall with the National Governors’ Association, maximizing technology’s contribution complete a study that analyzes the data col- shall submit to Congress a report describing to America’s economic growth, and for lected under paragraph (1) and under the the applications made for grants under this Hate Crime Statistics Act of 1990 to deter- partnering with industry to improve paragraph, the award of such grants, and the U.S. industrial competitiveness. Be- mine the extent of hate crime activity effectiveness of the grant funds awarded. throughout the country and the success of (F) AUTHORIZATION OF APPROPRIATIONS.— cause technological progress is the sin- State and local officials in combating that There is authorized to be appropriated to gle most important factor in our cur- activity. carry out this paragraph $5,000,000 for each of rent economic growth, it is important (B) IDENTIFICATION OF TRENDS.—In the fiscal years 2000 and 2001. that the agency be adequately funded study conducted under subparagraph (A), the (e) INTERSTATE TRAVEL TO COMMIT HATE to pursue its missions, even during the Comptroller General of the United States CRIME.— and the General Accounting Office shall current era of fiscal constraints. As the (1) IN GENERAL.—Chapter 13 of title 18, pace of technological changes acceler- identify any trends in the commission of United States Code, is amended by adding at hate crimes specifically by— the end the following: ates and as the world transitions to a (i) geographic region; digital economy, we must work ‘‘§ 249. Interstate travel to commit hate crime (ii) type of crime committed; and proactively to ensure that the private (iii) the number of hate crimes that are ‘‘(a) IN GENERAL.—A person, whether or not acting under color of law, who— sector has the best possible tools to prosecuted and the number for which convic- compete in this new economy. tions are obtained. ‘‘(1) travels across a State line or enters or (c) MODEL STATUTE.— leaves Indian country in order, by force or NIST, as the main research labora- (1) IN GENERAL.—To encourage the identi- threat of force, to willfully injure, intimi- tory in Technology Administration, fication and prosecution of hate crimes date, or interfere with, or by force or threat promotes and strengthens the U.S. throughout the country, the Attorney Gen- of force to attempt to injure, intimidate, or economy by collaborating with indus- eral shall, through the National Conference interfere with, any person because of the per- try to apply new technology, measure- son’s race, color, religion, or national origin; of Commissioners on Uniform State Laws of ment methods, and technical stand- the American Law Institute or another ap- and propriate forum, and in consultation with ‘‘(2) by force or threat of force, willfully in- ards. In support of the programs in Sci- the States, develop a model statute to carry jures, intimidates, or interferes with, or by entific and Technical Research and out the goals described in subsection (a) and force or threat of force attempts to willfully Services, the bill seeks to increase the criminalize acts classified as hate crimes. injure, intimidate, or interfere with any per- authorization amounts for fiscal years (2) REQUIREMENTS.—In developing the son because of the person’s race, color, reli- 2001 and 2002 by 5.5 percent annually, model statute, the Attorney General shall— gion, or national origin, consistent with my objective for dou- (A) include in the model statute crimes shall be subject to a penalty under sub- section (b). bling the aggregate federal funding for that manifest evidence of prejudice; and civilian research over an 11-year period (B) prepare an analysis of all reasons why ‘‘(b) PENALTIES.—A person described in any crime motivated by prejudice based on subsection (a) who is subject to a penalty beginning in fiscal year 2000. any traits of a victim should or should not under this subsection— In keeping with my firm belief that be included. ‘‘(1) shall be fined under this title, impris- our national commitment to techno- (d) SUPPORT FOR CRIMINAL INVESTIGATIONS oned not more than 1 year, or both; logical innovation must include a com- AND PROSECUTIONS BY STATE AND LOCAL LAW ‘‘(2) if bodily injury results or if the viola- tion includes the use, attempted use, or plete framework that also facilitates ENFORCEMENT OFFICIALS.— the realization and commercialization (1) ASSISTANCE OTHER THAN FINANCIAL AS- threatened use of a dangerous weapon, explo- of new technologies in the market- SISTANCE.— sives, or fire, shall be fined under this title, (A) IN GENERAL.—At the request of a law imprisoned not more than 10 years, or both; place, the bill also continues to provide enforcement official of a State or a political or funding for two NIST programs that subdivision of a State, the Attorney General, ‘‘(3) if death results or if the violation in- have been particularly contentious: the acting through the Director of the Federal cludes kidnapping or an attempt to kidnap, Advanced Technology Program (ATP) Bureau of Investigation, shall provide tech- aggravated sexual abuse or an attempt to and the Manufacturing Extension Pro- nical, forensic, prosecutorial, or any other commit aggravated sexual abuse, or an at- tempt to kill— gram (MEP). We respond to existing form of assistance in the criminal investiga- criticisms of ATP with several changes tion or prosecution of any crime that— ‘‘(A) shall be fined under this title, impris- (i) constitutes a crime of violence (as de- oned for any term of years or for life, or to the administration of ATP awards fined in section 16 of title 18, United States both; or to ensure that the program fulfills its Code); ‘‘(B) may be sentenced to death.’’. originally intended mission. These (ii) constitutes a felony under the laws of (2) TECHNICAL AMENDMENT.—The analysis modifications include provisions to en- the State; and for chapter 13 of title 18, United States Code, sure that federal funds would not inter- (iii) is motivated by prejudice based on the is amended by adding at the end the fol- fere or compete with private capital for lowing: victim’s race, ethnicity, or religion or is a the commercialization of new tech- violation of the State’s hate crime law. ‘‘249. Interstate travel to commit hate nologies, and that these funds would (B) PRIORITY.—In providing assistance crime.’’. under subparagraph (A), the Attorney Gen- benefit primarily small businesses. eral shall give priority to crimes committed By Mr. FRIST: With MEP approaching maturity, the by offenders who have committed crimes in S. 1407. A bill to authorize appropria- evidence of its success in providing more than 1 State. tions for the Technology Administra- technical assistance and advanced

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8955 business practices to help small manu- so that we can give a clear indication SECTION 1. SHORT TITLE. facturers improve their competitive- to the American people that we are se- This Act may be cited as the ‘‘Small Busi- ness has been overwhelming. However, rious about enhancing U.S. competi- ness Brownfields Redevelopment Act of 1999’’. as we transition from a labor-based to tiveness as we approach the next cen- SEC. 2. SMALL BUSINESS DEVELOPMENT COM- a knowledge-based economy, the func- tury, and ensuring that our federal in- PANY PROGRAM SET-ASIDE FOR tion of the manufacturing sector will vestment is well spent.∑ BROWNFIELD PREVENTION AND RE- change and its needs will evolve ac- DEVELOPMENT. cordingly. In anticipation of these By Mr. JEFFORDS (for himself, Section 504 of the Small Business Invest- changes, the legislation requests the Mr. MOYNIHAN, Mr. SCHUMER, ment Act of 1958 (15 U.S.C. 697a) is amended Mr. LAUTENBERG, Mr. LIEBER- by adding at the end the following: Director of NIST to examine these ‘‘(c) SET-ASIDE FOR BROWNFIELD PREVEN- MAN, and Mr. LEAHY): issues closely, and recommend modi- TION AND REDEVELOPMENT PROJECTS.— S. 1408. A bill to amend the Small fication or expansion of MEP as appro- ‘‘(1) IN GENERAL.—Of the amount author- priate. Business Investment Act of 1958 to pro- ized for financings under this section in each NTIS is an agency within Technology mote the cleanup of abandoned, idled, fiscal year, the Administration shall set Administration that collects, archives, or underused commercial or industrial aside the lesser of $50,000,000 or 10 percent, and disseminates scientific, technical, facilities, the expansion or redevelop- which shall be used by qualified State and ment of which are complicated by real local development companies to finance and related business information pro- projects that assist qualified small busi- duced by or for the federal government. or perceived environmental contamina- tion, and for other purposes; to the nesses (or prospective owners or operators of NTIS is required to cover its expenses Committee on Small Business. qualified small businesses) in— through its revenues. However, the ad- ‘‘(A) carrying out site assessment and vance of the Internet and the conven- SMALL BUSINESS BROWNFIELDS cleanup activities at brownfield sites or at REDEVELOPMENT ACT OF 1999 ience of electronic dissemination of in- sites contaminated with petroleum; and Mr. JEFFORDS. Mr. President, I rise ‘‘(B) acquiring new, clean technologies and formation freely via agency web sites today to introduce the Small Business have severely impacted NTIS’s ability production equipment. Brownfields Redevelopment Act of 1999. ‘‘(2) DEFINITIONS.—In this subsection— to sell its products. It is my belief that As we debate the best avenue to pro- ‘‘(A) the term ‘brownfield site’ has the the agency serves an important mis- mote smart growth in our commu- meaning given that term in section 321(d); sion in ensuring the preservation of re- nities, a prominent issue is brownfields ‘‘(B) the term ‘site assessment’ means any search results produced from federal revitalization. Historically an issue of investigation of a site determined to be ap- investment. Yet, prudent fiscal man- corporate America, small businesses propriate by the President and undertaken agement practice dictates that we give can play a crucial role in revitalizing pursuant to section 104(b) of the Comprehen- sive Environmental Response, Compensa- serious consideration to the agency brownfields sites. Providing small busi- and its future. Accordingly, the bill re- tion, and Liability Act of 1980 (42 U.S.C. nesses with the necessary capital to re- 9604(b)); authorizes additional funding for the develop these sites is critical. The po- ‘‘(C) the term ‘qualified small business’ agency, but only if the Secretary can tential for small businesses to rede- means a small business— recommend potential resolutions to velop brownfields sites has gone un- ‘‘(i) that— the issue. We leave open the option of tapped for far too long. ‘‘(I) has acquired a brownfield site; or possibly resolving this issue in a later Although Congress clarified lender li- ‘‘(II) uses, in the course of doing business, bill. ability in 1996—in the FY 1997 Omnibus any hazardous substance (as defined in sec- Through the Technology Administra- Appropriations bill—P.L. 104–208—there tion 101(14) of such Act (42 U.S.C. 9601(14)); tion Act of 1998 (P.L. 105–309), we cre- has been little progress to enhance and ated the Office of Space Commer- small business brownfields redevelop- ‘‘(ii) that has limited or no access to cap- ital from conventional sources, as deter- cialization, and for the first time, the ment efforts. Larger corporations have mined by the Administration; and Office will receive its own funding au- the necessary resources; for example, ‘‘(D) the term ‘qualified State or local de- thorization. As the pace of activities to Bank of America has recognized the velopment company’ has the meaning given commercialize aspects of space in- economic benefits for brownfields lend- that term in section 503(e).’’. creases, I hope that the Office will be- ing. The Small Business Brownfields SEC. 3. PROMOTION OF SMALL BUSINESS INVEST- come a more active participant in the Redevelopment Act of 1999 would level MENT COMPANIES FOR ongoing discussion between the govern- this playing field. BROWNFIELD ACTIVITIES. Our goal with this legislation is to Title III of the Small Business Investment ment and industry in this strategically Act of 1958 (15 U.S.C. 681 et seq.) is amended important market. take an existing framework—the Small by adding at the end the following: Business Administration’s (SBA) suc- Two other issues that the legislation ‘‘SEC. 321. SMALL BUSINESS INVESTMENT COM- addresses include the commissioning of cessful loan guarantee and community PANIES FOR BROWNFIELD ACTIVI- a study to strengthen and maintain development corporation programs— TIES. technical expertise of the national lab- and channel important resources into ‘‘(a) ESTABLISHMENT OF CERTAIN SMALL BUSINESS INVESTMENT COMPANIES.—The Ad- oratories, and a study on the role and brownfields redevelopment and preven- tion. It is a concept with multiple ob- ministration shall promote the establish- impact of international and domestic ment of 1 or more small business investment technical standards of global com- jectives. It will provide legitimacy to companies, the primary purpose of which is merce. These are issues with national brownfields investment and lending, to finance— impact that I believe we must discuss which does not now exist; and promote ‘‘(1) cleanup activities for brownfield sites in a timely manner. innovative cleanup technologies. or sites contaminated with petroleum, in- Mr. President, I believe that this au- By redeveloping brownfields and eas- cluding those that use innovative or experi- thorization bill reflects a balance be- ing development pressure on green- mental cleanup technologies; or fields, we are promoting smart growth; ‘‘(2) projects that assist small businesses in tween prudent fiscal policies and wise and by providing critical financial cleaning up the facilities owned or operated investment for our Nation’s future. We tools to our small businesses, we are by those small businesses and adopting new, have incorporated input from my col- promoting the backbone of our nation’s clean technologies. leagues in the Senate, the House, and ‘‘(b) AUTHORITY TO WAIVE CERTAIN FEE.— economy. Revitalizing brownfields is The Administration may waive any filing fee the Administration, as well as my con- pro-business, pro-community, and pro- stituents, and other interested parties. otherwise required by the Administration environment. under this title with respect to any small The legislation reaffirms our national Mr. President, I ask unanimous con- business investment company described in commitment to maximize technology’s sent that the text of the bill be printed subsection (a). contribution to economic growth in a in the RECORD. ‘‘(c) SET-ASIDE.—Notwithstanding any responsible manner, while at the same There being no objection, the bill was other provision of this title, of the amount authorized for purchases of participating se- time, prepares us for changes ahead as ordered to be printed in the RECORD, as we transition into a knowledge-based curities and guarantees of debentures under follows: this title in each fiscal year, the Administra- economy. It also seeks to maintain S. 1408 tion shall set aside the lesser of $2,000,000 or America’s unique technical skills. Be it enacted by the Senate and House of Rep- 10 percent, which shall be used to provide le- Therefore, I urge my colleagues to sup- resentatives of the United States of America in verage to any small business investment port timely passage of this legislation Congress assembled, company described in subsection (a).

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8956 CONGRESSIONAL RECORD — SENATE July 21, 1999 ‘‘(d) BROWNFIELD SITE DEFINED.—In this industry has an economic impact of treatment of persons occupying what section, the term ‘brownfield site’ means an $3.4 billion, involving 150,000 horses and would otherwise be empty seats on pri- abandoned, idled, or underused commercial more than 50,000 employees. vate aircraft with the treatment of air- or industrial facility, the expansion or rede- What supports this industry is the in- velopment of which is complicated by real or line employees flying on a space avail- perceived environmental contamination.’’. vestment in the horses themselves. able basis on regularly scheduled Mr. MOYNIHAN. Mr. President, I rise Much like other businesses, outside in- flights. Right now, use of these empty to introduce the Small Business vestments are essential to the oper- seats is deemed taxable personal in- Brownfields Redevelopment Act of 1999, ation and growth of the horse industry. come to the employee. I refer to it as a bill to set aside a portion of the Without others willing to buy and the ‘‘empty-seat tax.’’ Filling these Small business Administration’s (SBA) breed horses, it is impossible for the in- empty seats—the way airlines do—can resources for use by small businesses dustry to remain competitive. The two- be likened to personnel taking offsets for brownfields prevention and redevel- year holding period ultimately discour- on freight flights, and empty seat pas- opment. ages investment, putting this industry sengers on auto, trucks, taxis or lim- I am pleased to co-sponsor this meas- —and the 1.4 million jobs it supports ousines that are being driven for busi- ure with Senator JEFFORDS of nationwide—at risk. Clearly, this is ness. Vermont. Together, we co-chair the bad economic policy and must be Under current law, airline employees Northeast-Midwest Senate Coalition. changed. and retirees and their parents and chil- We recognize that our area of the coun- Mr. President, the two-year holding dren can fly tax-free on scheduled com- try has its share of brownfields and the period for horses is sorely outdated. It mercial flights for nonbusiness reasons. need for this important legislation. was established in 1969, primarily as an Military personnel and their families Many smaller banks, including those anti-tax shelter provision. Since then, can hop military flights for nonbusi- represented by the SBA, are hesitant there have been a number of changes in ness reasons without the imposition of to lend to projects involving the tax code. Specifically, the passive tax. Current and former employees of brownfields which they perceive to be loss limitations have been adopted, airborne freight or cargo haulers, to- risky. Our bill will encourage and pro- putting an end to these previous tax gether with their parents and children, vide the legitimacy to brownfields in- loopholes. can fly tax-free for nonbusiness reasons vestment and lending that is long over- Although horses are categorized as on seats that would have otherwise due. livestock, they have an entirely dif- been empty. This bill designates a portion of the ferent function than other animals, In addition, no tax is imposed on pas- funding of two of SBA’s programs, Sec- like cattle. While both are livestock, sengers accompanying employees trav- tion 504, Certified Development Compa- the investment in these two animals is eling on business via auto or other non- nies (CDCs) and Small Business Invest- entirely different. Beef is a commodity, aircraft transportation. For example, a ment Companies (SBICs), for with a finite and generally short life trucker can take his wife on a haul brownfields activities. This will ensure span. However, horses—whether they without facing the imposition of a tax that small businesses receive the sup- are used for racing, showing, or work- for the seat that she occupies. Yet tax port they need to promote the redevel- ing—are frequently bought and sold is frequently imposed on employees or opment of valuable land. multiple times over their longer life in ‘‘deemed’’ employees flying for non- Companies across the nation have order to maximize the return on the business reasons when they occupy recognized the financial and social ad- owner’s investment. Additionally, once what would otherwise be unused seats vantages of Smart Growth and horses retire from the track or show on business flights of noncommercial brownfields redevelopment. Commu- arena, they continue to enhance their aircraft. Employers who own or lease nities call on us to preserve and pro- value through breeding. these aircraft are compelled by IRS mote open space. This bill unites the Mr. President, there is no sound ar- regulations to consider 13 separate fac- goals of businesses and residents in a gument for distinguishing horses from tors or steps in determining the inci- common purpose: more efficient, eco- other capital assets. The two-year dence and amount of tax to be imposed nomical and ecological use of our na- holding period discriminates against on their employees. My proposal seeks tion’s lands. the horse industry and must be re- to deal with this inequity by treating duced. I urge my colleagues to join all passengers the same way. By Mr. MCCONNELL (for himself Senator BUNNING and me in correcting Under this provision, the employer and Mr. BUNNING): this unfair tax policy. Mr. President, I would have to demonstrate to the IRS S. 1409. A bill to amend the Internal ask that the text of this legislation be on audit that the flight would have Revenue Code of 1986 to reduce from 24 printed in the RECORD. been made in the ordinary course of months to 12 months the holding pe- The bill follows: the employer’s business whether or not riod used to determine whether horses S. 1409 the person was on the flight. The em- are assets described in section 1231 of ployer would also have to show that Be it enacted by the Senate and House of Rep- such Code; to the Committee on Fi- resentatives of the United States of America in the presence of the person did not nance. Congress assembled, cause the employer to incur additional LEGISLATION REDUCING THE CAPITAL GAINS SECTION 1. HOLDING PERIOD REDUCED TO 12 costs for the flight. Personal use of a HOLDING PERIOD FOR HORSES MONTHS FOR PURPOSES OF DETER- plane, such as when an executive files Mr. MCCONNELL. Mr. President, I MINING WHETHER HORSES ARE SEC- with his or her family or guests to a join with my colleague, Mr. BUNNING, TION 1231 ASSETS. vacation home, would remain fully tax- to introduce legislation to reduce from (a) IN GENERAL.—Subparagraph (A) of sec- able, just as under current law. 24 months to 12 months the capital tion 1231(b)(3) of the Internal Revenue Code In 1984, the Joint Committee on Tax- of 1986 (relating to definition of property gains holding period for horses. All used in the trade or business) is amended by ation concluded that it was ‘‘unaccept- capital assets—with the exception of striking ‘‘and horses’’. able’’ to continue ‘‘conditions’’ under horses and cattle—qualify for the low- (b) EFFECTIVE DATE.—The amendment which ‘‘taxpayers in identical or com- est capital gains tax rate if held for 12 made by this section shall apply to taxable parable situations have been treated months. This discrepancy in the tax years beginning after December 31, 1999. differently’’ because of the ‘‘inequities, code is simply not fair to the horse in- confusion and administrative difficul- dustry. By Mr. STEVENS: ties for business, employees and the in- The horse industry is extremely im- S. 1410. A bill to amend the Internal ternal revenue service resulting from portant to our economy, and accounts Revenue Code of 1986 with respect to this situation.’’ The Joint Committee for thousands of jobs. Whether it is the treatment of certain air on Taxation was right then, and the owning, breeding, racing, or showing trnasportation; to the Committee on comment continues to be accurate 15 horses—or simply enjoying an after- Finance. years later. noon ride along a trail—one in thirty- EMPTY SEAT TAX RELIEF LEGISLATION This is not just about creating equity five Americans is touched by the horse Mr. STEVENS. Mr. President, I am for all passengers. It also goes to our industry. In Kentucky alone, the horse introducing a bill to equate the tax ultimate goal of simplifying the Tax

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8957 Code for all Americans. Upon passage My bill would take into account a dif- to the United States of those POW/ of this provision, a separate category ferent form of energy—heat. This pro- MIAs alive. of taxpayer will be eliminated and em- vision would give the same amount of S. 510 ployees and employers will be able to tax credit for a single Btu of heat pro- At the request of Mr. CAMPBELL, the better assess the tax implications of duced as the current Tax Code allows name of the Senator from Kentucky travel on aircraft. for a kilowatt hour of electricity pro- (Mr. BUNNING) was added as a cosponsor This is an especially important issue duced. This will create equity within of S. 510, a bill to preserve the sov- to large States with smaller popu- the tax system and across industry ereignty of the United States over pub- lations because air travel comprises lines. lic lands and acquired lands owned by such a large part of our transportation Fishing operations in my State are the United States, and to preserve systems. Instead of getting on a plane often isolated and rely on the resources State sovereignty and private property to travel across country, many people they have at hand. Unlike many of the rights in non-Federal lands sur- from rural areas get on a plane to trav- industries in the contiguous United rounding those public lands and ac- el within the State. States, fishing operations in Alaska quired lands. This is also a health care issue. Many can’t connect to area wide power grids. S. 522 people in rural States like mine must They rely on fossil fuels to run genera- At the request of Mr. LAUTENBERG, take an empty seat on a company- tors for heat and electricity. The fuel the name of the Senator from Mary- owned airplane because they get sick must be transported to the operation, land (Mr. SARBANES) was added as a co- and need medical treatment that can often by barge or small boat. This bill sponsor of S. 522, a bill to amend the only be found in larger cities. In the would encourage these isolated fishing Federal Water Pollution Control Act to contiguous States, someone can call an operations to collect and use the waste improve the quality of beaches and ambulance to take a car or bus to a fish oil that they generate to keep coastal recreation water, and for other larger metropolitan area to receive their business warm. This would cut purposes. medical treatment. There are no buses down on the amount of fossil fuel being S. 541 from Barrow to Fairbanks or Cold Bay transported to these distant locations, At the request of Ms. COLLINS, the to Anchorage. The current Tax Code thus reducing the chances of fuel spills. name of the Senator from Maryland overlooks this fact of life and my pro- Additionally, by encouraging the fish- (Ms. MIKULSKI) was added as a cospon- vision will take this into account. We ing operations to burn the waste oil sor of S. 541, a bill to amend title XVIII must begin to treat all passengers fair- they generate, we can reduce the of the Social Security Act to make cer- ly, regardless of how they get to their amount of fish oil going to waste. tain changes related to payments for final destination. f graduate medical education under the By Mr. STEVENS: ADDITIONAL COSPONSORS medicare program. S. 632 S. 1411. A bill to amend the Internal S. 125 Revenue Code of 1986 to extend the At the request of Mr. DEWINE, the At the request of Mr. FEINGOLD, the name of the Senator from New Hamp- credit for producing electricity from name of the Senator from Idaho (Mr. shire (Mr. GREGG) was added as a co- certain renewable resources; to the CRAPO) was added as a cosponsor of S. Committee on Finance. sponsor of S. 632, a bill to provide as- 125, a bill to reduce the number of exec- sistance for poison prevention and to FISH OIL HEAT ACT OF 1999 utive branch political appointees. Mr. STEVENS. Mr. President, today stabilize the funding of regional poison S. 294 control centers. I introduce the Fish Oil Heat Act of At the request of Mr. WYDEN, the 1999. This act would provide a tax cred- S. 717 name of the Senator from Washington At the request of Ms. MIKULSKI, the it for fishing operations who choose to (Mrs. MURRAY) was added as a cospon- burn waste fish oil rather than diesel name of the Senator from North Da- sor of S. 294, a bill to direct the Sec- kota (Mr. DORGAN) was added as a co- fuel. Fishing operations would earn a retary of the Army to develop and im- tax credit for each Btu of heat pro- sponsor of S. 717, a bill to amend title plement a comprehensive program for II of the Social Security Act to provide duced by this alternative fuel source. fish screens and passage devices. This measure is similar to others that that the reductions in social security S. 459 are before the Senate in that it encour- benefits which are required in the case At the request of Mr. BREAUX, the ages businesses to use alternative en- of spouses and surviving spouses who name of the Senator from Wisconsin ergy sources at hand rather than rely- are also receiving certain Government (Mr. KOHL) was added as a cosponsor of ing solely on fossil fuels. pensions shall be equal to the amount This bill would amend section 45 of S. 459, a bill to amend the Internal by which two-thirds of the total the Tax Code to include fish oil as a Revenue Code of 1986 to increase the amount of the combined monthly ben- qualified energy producing resource. State ceiling on private activity bonds. efit (before reduction) and monthly Fishing operations, whether on shore S. 472 pension exceeds $1,2000, adjusted for in- or at sea are able to use fish oil to keep At the request of Mr. GRASSLEY, the flation. their working areas warm and to proc- name of the Senator from Connecticut S. 751 ess the fish they harvest. My legisla- (Mr. DODD) was added as a cosponsor of At the request of Mr. LEAHY, the tion would expand the current Tax S. 472, a bill to amend title XVIII of the name of the Senator from Arkansas Code to provide an incentive to use al- Social Security Act to provide certain (Mrs. LINCOLN) was added as a cospon- ternative energy sources by including medicare beneficiaries with an exemp- sor of S. 751, a bill to combat nursing heat generated by waste fish oil under tion to the financial limitations im- home fraud and abuse, increase protec- section 45. As it stands now, the Tax posed on physical, speech-language pa- tions for victims of telemarketing Code allows tax credits for electricity thology, and occupational therapy fraud, enhance safeguards for pension produced by wind or through a closed services under part B of the medicare plans and health care benefit programs, loop biomass system. Fishing oper- program, and for other purposes. and enhance penalties for crimes ations are often isolated from energy S. 484 against seniors, and for other purposes. grids and they do not rely on the or- At the request of Mr. CAMPBELL, the S. 758 ganic biomass systems for energy, so name of the Senator from Michigan At the request of Mr. ASHCROFT, the they cannot take advantage of the (Mr. ABRAHAM) was added as a cospon- name of the Senator from Colorado electricity producing tax credit. sor of S. 484, a bill to provide for the (Mr. ALLARD) was added as a cosponsor Several Senators have introduced granting of refugee status in the of S. 758, a bill to establish legal stand- bills to expand the current Tax Code to United States to nationals of certain ards and procedures for the fair, allow for new energy producing tax foreign countries in which American prompt, inexpensive, and efficient reso- credits from alternative resources. Vietnam War POW/MIAs or American lution of personal injury claims arising However, the tax credits are limited to Korean War POW/MIAs may be present, out of asbestos exposure, and for other a single form of energy—electricity. if those nationals assist in the return purposes.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8958 CONGRESSIONAL RECORD — SENATE July 21, 1999 S. 792 S. 1348 ator from Idaho (Mr. CRAPO), the Sen- At the request of Mr. MOYNIHAN, the At the request of Mr. BROWNBACK, the ator from Michigan (Mr. LEVIN), and name of the Senator from Maryland name of the Senator from Arkansas the Senator from Tennessee (Mr. (Mr. SARBANES) was added as a cospon- (Mr. HUTCHINSON) was added as a co- THOMPSON) were added as cosponsors of sor of S. 792, a bill to amend title IV of sponsor of S. 1348, a bill to require Con- Senate Resolution 95, A resolution des- the Personal Responsibility and Work gress and the President to fulfill their ignating August 16, 1999, as ‘‘National Opportunity Reconciliation Act of 1996 Constitutional duty to take personal Airborne Day.’’ to provide States with the option to responsibility for Federal laws. SENATE RESOLUTION 106 allow legal immigrant pregnant S. 1396 At the request of Mr. DOMENICI, the women, children, and blind or disabled At the request of Mr. FITZGERALD, name of the Senator from Nevada (Mr. medically needy individuals to be eligi- the names of the Senator from Illinois REID) was added as a cosponsor of Sen- ble for medical assistance under the (Mr. DURBIN), the Senator from Iowa ate Resolution 106, a resolution to ex- medicaid program, and for other pur- (Mr. GRASSLEY), and the Senator from press the sense of the Senate regarding poses. Iowa (Mr. HARKIN) were added as co- English plus other languages. S. 980 sponsors of S. 1396, a bill to amend sec- SENATE RESOLUTION 128 At the request of Mr. BAUCUS, the tion 4532 of title 10, United States At the request of Mr. COCHRAN, the name of the Senator from Maryland Code, to provide for the coverage and name of the Senator from New Jersey (Ms. MIKULSKI) was added as a cospon- treatment of overhead costs of United (Mr. LAUTENBERG) was added as a co- sor of S. 980, a bill to promote access to States factories and arsenals when not sponsor of Senate Resolution 128, a res- health care services in rural areas. making supplies for the Army, and for olution designating March 2000, as S. 1025 other purposes. ‘‘Arts Education Month.’’ At the request of Mr. MOYNIHAN, the S. 1403 AMENDMENT NO. 1258 name of the Senator from Maryland At the request of Mrs. MURRAY, her At the request of Mr. DOMENICI the (Ms. MIKULSKI) was added as a cospon- name was withdrawn as a cosponsor of names of the Senator from Indiana sor of S. 1025, a bill to amend title S. 1403, a bill to amend chapter 3 of (Mr. LUGAR) and the Senator from Mis- XVIII of the Social Security Act to en- title 28, United States Code, to modify souri (Mr. ASHCROFT) were added as co- sure the proper payment of approved en banc procedures for the Ninth Cir- sponsors of amendment No. 1258 pro- nursing and allied health education cuit Court of Appeals, and for other posed to H.R. 1555, a bill to authorize programs under the medicare program. purposes. appropriations for fiscal year 2000 for S. 1053 SENATE CONCURRENT RESOLUTION 10 intelligence and intelligence-related At the request of Mr. BOND, the ARBANES At the request of Mr. S , the activities of the United States Govern- names of the Senator from Kentucky name of the Senator from South Caro- ment, the Community Management Ac- (Mr. MCCONNELL) and the Senator from OLLINGS lina (Mr. H ) was added as a co- count, and the Central Intelligence Mississippi (Mr. COCHRAN) were added sponsor of Senate Concurrent Resolu- Agency Retirement and Disability Sys- as cosponsors of S. 1053, a bill to amend tion 10, a concurrent resolution ex- tem, and for other purposes. the Clean Air Act to incorporate cer- pressing the sense of Congress that tain provisions of the transportation there should continue to be parity be- f conformity regulations, as in effect on tween the adjustments in the com- SENATE CONCURRENT RESOLU- March 1, 1999. pensation of members of the uniformed TION 47—EXPRESSING THE S. 1159 services and the adjustments in the SENSE OF CONGRESS REGARD- At the request of Mr. STEVENS, the compensation of civilian employees of ING THE REGULATORY BURDENS name of the Senator from Minnesota the United States. ON HOME HEALTH AGENCIES (Mr. WELLSTONE) was added as a co- SENATE CONCURRENT RESOLUTION 34 Mrs. HUTCHISON (for herself, Mr. sponsor of S. 1159, a bill to provide At the request of Mr. SPECTER, the BOND, Ms. COLLINS, Mr. FRIST, Mr. grants and contracts to local edu- names of the Senator from Ohio (Mr. ALLARD, Mr. EDWARDS, Mr. COCHRAN, cational agencies to initiate, expand, DEWINE) and the Senator from Illinois Mr. CLELAND, Mr. ROBERTS, and Mr. and improve physical education pro- (Mr. DURBIN) were added as cosponsors TORRICELLI) submitted the following grams for all kindergarten through of Senate Concurrent Resolution 34, a concurrent resolution; which was re- 12th grade students. concurrent resolution relating to the ferred to the Committee on Finance: S. 1172 observance of ‘‘In Memory’’ Day. S. CON. RES. 47 ORRICELLI SENATE RESOLUTION 92 At the request of Mr. T , the Whereas 3,900,000 elderly persons currently name of the Senator from Nebraska At the request of Mrs. BOXER, the use health care services provided under the (Mr. HAGEL) was added as a cosponsor name of the Senator from North Caro- medicare home health program; of S. 1172, a bill to provide a patent lina (Mr. EDWARDS) was added as a co- Whereas the Balanced Budget Act of 1997 term restoration review procedure for sponsor of Senate Resolution 92, a reso- made a number of changes to the administra- certain drug products. lution expressing the sense of the Sen- tion of the medicare home health program; Whereas many such changes imposed by S. 1187 ate that funding for prostate cancer re- such Act were required to be implemented by At the request of Mr. DORGAN, the search should be increased substan- the Health Care Financing Administration name of the Senator from Hawaii (Mr. tially. (referred to in this resolution as ‘‘HCFA’’) of INOUYE) was added as a cosponsor of S. SENATE RESOLUTION 95 the Department of Health and Human Serv- 1187, a bill to require the Secretary of At the request of Mr. THURMOND, the ices; the Treasury to mint coins in com- names of the Senator from South Caro- Whereas many of such regulations promul- memoration of the bicentennial of the lina (Mr. HOLLINGS), the Senator from gated by HCFA in order to implement such Lewis and Clark Expedition, and for Massachusetts (Mr. KERRY), the Sen- changes have proven to be administratively burdensome, have diverted funds away from other purposes. ator from Rhode Island (Mr. REED), the needed beneficiary care, and were promul- S. 1315 Senator from Tennessee (Mr. FRIST), gated as final rules without prior oppor- At the request of Mr. BINGAMAN, the the Senator from Wyoming (Mr. ENZI), tunity for comment by the home health in- name of the Senator from Utah (Mr. the Senator from North Carolina (Mr. dustry and home health patients; BENNETT) was added as a cosponsor of EDWARDS), the Senator from Illinois Whereas HCFA has implemented a branch S. 1315, a bill to permit the leasing of (Mr. DURBIN), the Senator from Ala- office policy that imposes arbitrary distance oil and gas rights on certain lands held bama (Mr. SHELBY), the Senator from and suspension requirements that are admin- in trust for the Navajo Nation or allot- Utah (Mr. HATCH), the Senator from istratively burdensome and threaten access to home health services, particularly in ted to a member of the Navajo Nation, Florida (Mr. GRAHAM), the Senator rural areas; in any case in which there is consent from Hawaii (Mr. AKAKA), the Senator Whereas, in order to implement the shift of from a specified percentage interest in from Oregon (Mr. WYDEN), the Senator medicare payment for home health services the parcel of land under consideration from Ohio (Mr. DEWINE), the Senator from part A to part B, HCFA imposed a se- for lease. from Colorado (Mr. ALLARD), the Sen- quential billing policy that prohibited home

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8959 health agencies from submitting bills for pa- stead have ignored or conjured Con- some of which seem to have no real tient services if a previous bill was sub- gressional intent and in the process purpose other than to generate more mitted for that patient who was undergoing have driven thousands of home health paperwork and administrative costs by medical review; agencies out of business and left tens of home care agencies. Whereas HCFA has expanded medical re- For example, home health providers views of home health claims so that the thousands of homebound seniors processing of such claims has slowed down scrambling to find care. are now required to keep track of and significantly nationwide; Mr. President, my home state of report their time in 15 minute incre- Whereas HCFA is requiring home health Texas is very rural. Despite the fact ments. Many visiting nurses and other agencies to submit patient data using the that there are now almost 20 million home health providers report having to Outcomes and Assessment Information Set people living in Texas, most areas of use a stopwatch while they administer (referred to in this resolution as ‘‘OASIS’’) in the state remain rural, even isolated care to their patients in order to com- anticipation of and to assist the development from major population centers. Many ply with this new requirement. An- of a prospective payment system (PPS) for of these areas are medically very un- other example is HCFA’s implementa- home health services; derserved. There are counties in Texas tion of a sequential billing policy, Whereas, HCFA plans to implement an wherein an agency cannot bill Medi- overly burdensome requirement that agen- without a single hospital, and several cies report visit times in 15-minute incre- without so much as a clinic for people care for services provided to a patient ments that fails to account for the entire to go to find basic health services. It’s until all previous claims for that pa- time spent in the home and on activities not unusual for a Texan in some parts tient are resolved, even if those earlier such as care planning, coordination, docu- of the state to have to drive 100 miles claims are held-up by the Medicare bu- mentation, and travel that are essential for or more just to see a doctor. reaucracy. a home health visit; When Congress created the home Across the nation, and particularly Whereas most home health agencies will health benefit within the Medicare pro- in my home state of Texas, the com- not be reimbursed for any of the costs or the bined results of these payment cuts increase in administrative requirements as- gram, it dramatically extended Medi- care’s reach to senior citizens and dis- and new regulations have been nothing sociated with OASIS; short of catastrophic. In Texas alone, Whereas the slowdown in claims proc- abled persons living in these rural essing, coupled with sequential billing and areas. Home health also offered to an estimated 700 home care agencies implementation of OASIS, has substantially bring much needed health services to have already gone out of business since increased home health agency cash flow many who, although they may reside 1997, and many more are on the verge problems because payments are often de- in a city, nevertheless may live an iso- of collapse. Nationwide, upwards of 2200 layed by 3 months or more; lated existence because they are home- agencies have reportedly shut their Whereas the vast majority of home health doors, representing about a third of the agencies are small businesses that cannot bound. Because of the tremendous need and total number of home care agencies. operate with such significant cash flow prob- Mr. President, it seems that every- demand for home health care, the pro- lems; and where I travel in Texas, and I travel to Whereas there are many other elements of gram began to grow rapidly. This some very rural areas, the one health the medicare home health program, such as growth began to alarm some who felt complaint I hear consistently from my the interim payment system, which have that the cost of the program would constituents concerns changes in the created financial problems for home health soon outstrip the Medicare system’s Medicare home health benefit. I have agencies, such that more than 2,200 agencies ability to pay for it. There were also a nationwide have already closed: Now, there- heard numerous instances of home growing number of reports of abuse and fore, be it health beneficiaries, particularly those Resolved by the Senate (the House of Rep- fraud within Medicare generally, and with complex illnesses and demanding resentatives concurring), That it is the sense specifically within the home health health needs, who have been left high of Congress that— program. and dry by the closure of their home (1) Congress should actively oversee the ad- So in 1997, as part of a broader Medi- care agency. Many of these individuals ministration by the Health Care Financing care package, Congress acted to make have been forced into hospitals or nurs- Administration (referred to in this resolu- the home health program more effi- ing homes. Others simply get no care, tion as ‘‘HCFA’’) of the medicare home cient and to crack-down on fraud and health program; or must rely to the extent they can (2) in overseeing such administration, Con- abuse. While these reforms were in- upon what care family or neighbors can gress should pay particular attention to tended as a wake-up call to inefficient provide. HCFA’s compliance with the public notice and fraudulent home health providers, I and many of my colleagues have and comment requirements of the Adminis- they were not intended to pull the rug communicated with HCFA in an at- trative Procedures Act (5 U.S.C. 551 et seq.), out from under the entire home health tempt to soften the blow of their regu- HCFA’s consideration of input from the industry, and the 4 million patients na- home health community, and HCFA’s coordi- lations, with only very limited success. tionwide who depend on the services And while HCFA has been largely unre- nation and consistent application of policies home care provides. Unfortunately, among HCFA’s central and regional offices; sponsive to Congress, it has been even and that is exactly what has happened. more insulated from the comments, (3) Congress should monitor HCFA’s adher- Home health agencies have been be- suggestions, and complaints from the ence to and implementation of Congressional sieged on all sides. Implementation of home health community. In many intent when executing changes during such the Interim Payment System (IPS) has cases, payment system changes have administration. caused immediate cuts in payments to been enacted with virtually no public ∑ Mrs. HUTCHISON. Mr. President, I agencies by upwards of 60 percent. In participation or comment. rise today to submit a Senate concur- many cases, these cuts are being imple- Mr. President, our nation’s home- rent resolution intended to focus the mented retroactively, resulting in bound senior citizens deserve more. attention of Congress on the current many agencies being slapped with This resolution seeks to bring atten- plight of Medicare beneficiaries who re- ‘‘overpayment’’ demand notices for tion to the plight of home health bene- ceive home health care. Specifically, hundreds of thousands of dollars. In ficiaries under HCFA’s cumbersome the resolution calls for increased Con- some cases, these payment demands ex- implementation of the reforms Con- gressional oversight with regard to ceed the agency’s annual payroll. gress enacted. It calls upon Congress to home health care of the Health Care Moreover, the manner in which HCFA take a more active role in overseeing Financing Administration (HCFA), has chosen to implement the IPS has the Health Care Financing Administra- which has responsibility of imple- caused the most efficient agencies to tion with regard to home health care menting the federal Medicare program. suffer the most severe cuts. Agencies and HCFA’s implementation of its Home health providers, or ‘‘agencies’’ that were less efficient, and thus were home care regulations. Most impor- as they are called, are being decimated paid more in the past, are ironically tantly, the resolution calls upon HCFA by overly burdensome and complex reg- given higher reimbursements under the to adhere more closely to Congres- ulations issued by HCFA. Ostensibly IPS. sional intent in administering the issued to implement the Medicare pres- At the same time, home health agen- Medicare home health benefit to en- ervation provisions of the 1997 Bal- cies have been hit with many new, sure that the program is not further anced Budget Act, these regulations in- complex, and burdensome regulations, eviscerated.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8960 CONGRESSIONAL RECORD — SENATE July 21, 1999 This resolution is certainly not the to school, will never use a gun to settle a dis- In 1998, more than 1 million students only solution to the current home pute, and will actively use their influence in across the Nation signed this pledge health crisis. Just this month I joined a positive manner to prevent friends from card. The student pledge against gun using guns to settle disputes: Now, therefore, with Senators COLLINS, BOND, and oth- violence gives students the chance to be it ers, many of whom are original cospon- Resolved, That the Senate— make a promise in writing that they sors of this resolution, in introducing (1) designates October 21, 1999, as a ‘‘Day of will do their part to prevent gun vio- substantive legislation that will repeal National Concern about Young People and lence. The students’ pledge promises some of the most severe applications of Gun Violence’’; and three things: First, they will never the 1997 Balanced Budget Act. While (2) requests that the President issue a carry a gun to school; second, they will these changes cannot turn back time proclamation calling on the school children never resolve a dispute with a gun; and to restore the agencies and services of the United States to observe the day with third, they will use their influence appropriate ceremonies and activities. that have been lost, it can help prevent with friends to discourage them from even more providers from going out of Mrs. MURRAY. Mr. President, I rise resolving disputes with guns. business and even more homebound pa- today to introduce a resolution that Just think of the lives we could have tients from being medically stranded. has passed the Senate now for 3 years saved if all students had signed and Mr. President, I call upon my col- unanimously. lived up to such a pledge just last year. Consider that in the months between leagues to support this resolution, as My resolution, which I am submit- today and the day we demonstrated our well as the substantive legislation just ting today, along with Senator WARNER concern about youth violence last year, introduced by my colleague, Senator and 28 other original cosponsors, estab- we have had terrifying outbreaks of COLLINS. But most importantly, I call lishes October 21, 1999, as a day of na- school violence. Sadly, 12 students and upon my colleagues to recognize the tional concern about young people and one teacher have been killed, and more real and ongoing health care crisis fac- gun violence. For the last several than 25 students have been wounded in ing America’s homebound seniors and years, I have sponsored this legislation. shootings by children at school. In ad- disabled individuals.∑ This year, Senator WARNER has joined me in leading the cosponsorship drive dition, we have lost many more chil- f as we pledge to our young people across dren in what has become the all too SENATE RESOLUTION 158—DESIG- the Nation that we support their common violence of drive-by shootings, NATING OCTOBER 21, 1999, AS A strong efforts to help stop the violence drug wars, and other crime, and in self- ‘‘DAY OF NATIONAL CONCERN in their own schools and communities. inflicted and unintentional shootings. We all have been heartened by statis- ABOUT YOUNG PEOPLE AND GUN I thank Senator WARNER for his help tics showing crime in America on the VIOLENCE’’ and partnership in work on this issue. Sadly, this resolution has special decline. Many factors are involved, in- Mrs. MURRAY (for herself, Mr. WAR- meaning for all of us after the tragic cluding community-based policing, NER, Mr. HATCH, Mr. BINGAMAN, Mrs. events that occurred earlier this year stiffer sentences for those convicted, BOXER, Mr. CHAFEE, Mr. DODD, Mr. in Littleton, CO, and Conyers, GA. youth crime prevention programs, and DORGAN, Mr. EDWARDS, Mr. GORTON, These school shootings across the Na- population demographics. None of us Mr. GRAMS, Mr. JEFFORDS, Mr. JOHN- tion have paralyzed their communities intend to rest on our success because SON, Mr. KENNEDY, Mr. KERRY, Ms. and shocked the country. In recent we still have far, far too much crime LANDRIEU, Mr. LAUTENBERG, Mr. LEVIN, years, we have seen similar shootings and violence in this society. Mr. LIEBERMAN, Mr. MOYNIHAN, Mr. So, we must find the solutions that from Mississippi to Oregon. These REID, Mr. ROBB, Mr. SARBANES, Mr. work and focus our limited resources events have touched us all. Adults and SCHUMER, Mr. SMITH of Oregon, Mr. on those. We must get tough on violent young people alike have been horrified SPECTER, Mr. TORRICELLI, and Mr. criminals—even if they are young—to by the violence that has occurred in WELLSTONE) submitted the following protect the rest of society from their our schools, which should be a safe resolution; which was referred to the terrible actions. And we, each and haven for children. We are all left won- Committee on the Judiciary: every one of us, must make time to dering what we can do to prevent these S. RES. 158 spend with our children, our neighbor’s tragedies. children, and the children who have no Whereas every day in the United States, 14 I am again introducing this resolu- children under the age of 19 are killed with one else to care about them. Only when tion because I am convinced the best we reach out to our most vulnerable guns; way to prevent gun violence is by Whereas in 1994, approximately 70 percent citizens—our kids—will we stop youth of murder victims aged 15 to 17 were killed reaching out to individual children and violence. with a handgun; helping them make the right decisions. Mr. President, I urge all of my col- Whereas in 1995, nearly 8 percent of high This resolution simply establishes a leagues to join in this simple effort to school students reported having carried a special day that gives parents and focus attention on gun violence among gun in the past 30 days; teachers, government leaders, service youth by proclaiming October 21 a Whereas young people are our Nation’s clubs, police departments, and others a most important resource, and we, as a soci- ‘‘Day of Concern about Young People way to focus on the problems caused by and Gun Violence.’’ October is National ety, have a vested interest in enabling chil- gun violence. It also empowers young dren to grow in an environment free from Crime Prevention Month—the perfect fear and violence; people to take affirmative steps to end time to center our attention of the spe- Whereas young people can, by taking re- this violence by encouraging them to cial needs of our kids and gun violence. sponsibility for their own decisions and ac- take a pledge not to use guns to resolve We introduce this resolution today in tions, and by positively influencing the deci- disputes. the hopes of getting all 100 Senators to sions and actions of others, help chart a new A Minnesota homemaker, Mary cosponsor it prior to this passage, and less violent direction for the entire Na- Lewis Grow, developed this idea of stu- which we hope will occur in early Sep- tion; dent pledges and for a day of national tember. This is an easy step for us to Whereas students in every school district concern for young people and gun vio- in the Nation will be invited to take part in help facilitate the work that must go a day of nationwide observance involving lence. In addition, Mothers Against Vi- on in each community across America, millions of their fellow students, and will olence in America, the National Parent as parents, teachers, friends, and stu- thereby be empowered to see themselves as Teacher Association, the American dents try to prevent gun violence be- significant agents in a wave of positive so- Federation of Teachers, the National fore it ruins any more lives. cial change; and Association of Student Councils, and Mr. WARNER. Mr. President, I rise Whereas the observance of October 21, 1999, the American Medical Association today to submit a resolution that as a ‘‘Day of National Concern about Young have joined the effort to establish a passed the United States Senate by People and Gun Violence’’ will allow stu- special day to express concern about dents to make a positive and earnest deci- unanimous consent each of the last two sion about their future in that such students our children and gun violence and sup- years. I am pleased to join Senator will have the opportunity to voluntarily sign port a national effort to encourage stu- MURRAY in establishing October 21, the ‘‘Student Pledge Against Gun Violence’’, dents to sign a pledge against gun vio- 1999, as the Day of National Concern and promise that they will never take a gun lence. About Young People and Gun Violence.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8961 On April 20, 1999, two teenagers wear- AMENDMENTS SUBMITTED shall, consistent with the effective discharge ing long black trench coats over fa- of the Agency’s responsibilities, make the capabilities of the national security labora- tigues began shooting their fellow tories available to the entities in paragraph classmates and faculty at Columbine INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2000 (1) in a manner that continues to provide di- High School in Littleton, Colorado. In rect programmatic control by such entities. the end, 15 people died and many others were injured, in the bloodiest school BINGAMAN (AND OTHERS) DOMENICI (AND OTHERS) shooting in America’s history. Unfor- AMENDMENT NO. 1260 AMENDMENT NO. 1263 tunately, the atrocity that occurred in Mr. BINGAMAN (for himself, Mr. Mr. DOMENICI (for himself, Mr. Littleton, Colorado, is not an isolated DOMENICI and Mr. REID) proposed an BINGAMAN, Mr. LEVIN, Mr. LIEBERMAN, incident. Before the shooting in Col- amendment to amendment No. 1258 and Mr. REID) proposed an amendment umbine High School, recent school proposed by Mr. KYL to the bill (H.R. to amendment No. 1258 proposed by Mr. shootings occurred in Pearl, Mis- 1555) to authorize appropriations for KYL to the bill, H.R. 1555, supra; as fol- lows: sissippi; West Paducah, Kentucky; fiscal year 2000 for intelligence and in- Jonesboro, Arkansas; and Springfield, telligence-related activities of the In section 213 of the Department of Energy Organization Act, as proposed by subsection Oregon. After Littleton, six students United States Government, the Com- munity Management Account, and the (c) of the amendment, add at the end of the were shot in Conyers, Georgia, by one section the following new subsection: Central Intelligence Agency Retire- of their fellow students. ‘‘(u) The Agency for Nuclear Stewardship ment and Disability System, and for shall comply with all applicable environ- The problem of young people and gun other purposes; as follows: mental, safety, and health statutes and sub- violence expands beyond school shoot- In section 213 of the Department of Energy stantive requirements. The Under Secretary ings. Every day in the United States, 14 Organization Act, as proposed by subsection for Nuclear Stewardship shall develop proce- children under the age of 19 are killed (c) of the amendment, at the end of sub- dures for meeting such requirements. Noth- ing in this section shall diminish the author- with guns, and in 1994, approximately section (k), insert the following: ‘‘Such supervision and direction of any Di- ity of the Secretary to ascertain and ensure 70 percent of murder victims aged 15 to rector or contract employee of a national se- that such compliance occurs.’’. 17 were killed with a handgun. America curity laboratory or of a nuclear weapons has lost thousands of children in what production facility shall not interfere with MOYNIHAN AMENDMENTS NOS. has become the all-too-common vio- communication to the Department, the 1264–1265 President, or Congress, of technical findings lence of drive-by shootings, drug wars or technical assessments derived from, and Mr. MOYNIHAN proposed two and other crimes, as well as in self-in- in accord with, duly authorized activities. amendments to the bill, H.R. 1555, flicted and unintentional shootings. The Under Secretary for Nuclear Steward- supra; as follows: ship shall have responsibility and authority AMENDMENT NO. 1264 In the aftermath of these tragedies, for, and may use, an appropriate field struc- we all find ourselves looking for an- On page 5 strike lines 7–12, and insert the ture for the programs and activities of the following: swers. While there is no simple solu- Agency.’’. SEC. 104. INTELLIGENCE COMMUNITY MANAGE- tion as to how to stop youth violence, MENT ACCOUNT. a Minnesota homemaker, Mary Lewis LEVIN AMENDMENT NO. 1261 (a) AUTHORIZATION OF APPROPRIATIONS.— Grow, developed the idea of a Day of Mr. LEVIN proposed an amendment There is authorized to be appropriated for National Concern About Young People the Intelligence Community Management to amendment No. 1258 proposed by Mr. Account of the Director of Central Intel- and Gun Violence. I believe this idea is KYL to the bill, H.R. 1555, supra; as fol- ligence for fiscal year 2000 the sum of a step in the right direction, as do such lows: $193,572,000. The Information Security Over- groups as Mothers Against Violence in In section 213 of the Department of Energy sight Office, charged with administering the America, the National Association of Organization Act, as proposed by subsection nation’s intelligence classification and de- classification programs shall receive $1.5 Student Councils, the American Fed- (c) of the amendment, add at the end the fol- lowing: million of these funds to allow it to hire eration of Teachers, the National Par- (u) The Secretary shall be responsible for more staff so that it can more efficiently ent Teacher Associations, and the developing and promulgating all Depart- manage these programs. American Medical Association. mental-wide security, counterintelligence and intelligence policies, and may use his AMENDMENT NO. 1265 Simply put, this resolution will es- immediate staff to assist him in developing After section 308 insert the following new tablish October 21, 1999, as the Day of and promulgating such policies. The Director section: National Concern About Young People of the Agency for Nuclear Stewardship is re- SEC. 309. SENSE OF THE CONGRESS ON CLASSI- and Gun Violence. On this day, stu- sponsible for implementation of the Sec- FICATION AND DECLASSIFICATION. retary’s security, counterintelligence, and dents in every school district in the It is the sense of Congress that the system- intelligence policies within the new agency. atic declassification of records of permanent Nation will be invited to voluntarily The Director of the Agency may establish historic value is in the public interest and sign the ‘‘Student Pledge Against Gun agency-specific policies so long as they are that the management of classification and Violence.’’ By signing the pledge, stu- fully consistent with the departmental poli- declassification by Executive Branch agen- dents promise that they will never cies established by the Secretary. cies requires comprehensive reform and addi- tional resources. take a gun to school, will never use a BINGAMAN (AND OTHERS) gun to settle a dispute, and will use AMENDMENT NO. 1262 KERREY (AND SHELBY) their influence in a positive manner to AMENDMENT NO. 1266 prevent friends from using guns to set- Mr. BINGAMAN (for himself, Mr. Mr. KERREY (for himself, and Mr. tle disputes. DOMENICI, and Mr. REID) proposed an amendment to amendment No. 1258 SHELBY) proposed an amendment to Mr. President, losing one child from proposed by Mr. KYL to the bill, H.R. amendment No. 1258 proposed by Mr. gun violence is one too many. Though 1555, supra; as follows: KYLE to the bill, H.R. 1555, supra; as this resolution is not the ultimate so- In section 213 of the Department of Energy follows: lution to preventing future tragedies Organization Act, as proposed by subsection Following section 213(t) add the following like Littleton, if it stops even one inci- (c) of the amendment, strike subsection (o) new subsection to section 213 as added by the dent of youth gun violence, this resolu- and insert the following new subsection (o): Kyl amendment: (o)(1) The Secretary shall ensure that ‘‘(u) The Secretary shall be responsible for tion will be invaluable. I urge all of my other programs of the Department, other developing and promulgating Departmental colleagues to join in this resolution to federal agencies, and other appropriate enti- security, counterintelligence and intel- focus attention on gun violence among ties continue to use the capabilities of the ligence policies, and may use his immediate youth. national security laboratories. staff to assist him in developing and (2) The Under Secretary, under the direc- promugating such policies. The Under Sec- tion, authority, and control of the Secretary, retary for Nuclear Stewardship is responsible

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8962 CONGRESSIONAL RECORD — SENATE July 21, 1999 for implementation of all security, counter- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- intelligence and intelligence policies within (a) SHORT TITLE.—This Act may be cited as TIONS. the Agency for Nuclear Stewardship. The the ‘‘Intelligence Authorization Act for Fis- (a) SPECIFICATIONS OF AMOUNTS AND PER- Under Secretary for Nuclear Stewardship cal Year 2000’’. SONNEL CEILINGS.—The amounts authorized may establish agency-specific policies unless (b) TABLE OF CONTENTS.—The table of con- to be appropriated under section 101, and the disapproved by the Secretary.’’ tents for this Act is as follows: authorized personnel ceilings as of Sep- Sec. 1. Short title; table of contents. tember 30, 2000, for the conduct of the intel- FEINSTEIN AMENDMENT NO. 1267 TITLE I—INTELLIGENCE ACTIVITIES ligence and intelligence-related activities of the elements listed in such section, are those Mr. KERREY (for Mrs. FEINSTEIN) Sec. 101. Authorization of appropriations. specified in the classified Schedule of Au- proposed an amendment to amendment Sec. 102. Classified schedule of authoriza- thorizations prepared to accompany the con- tions. ference report on the bill llll of the One No. 1258 proposed by Mr. KYL to the Sec. 103. Personnel ceiling adjustments. Hundred Sixth Congress. bill, H.R. 1555, supra; as follows: Sec. 104. Community Management Account. (b) AVAILABILITY OF CLASSIFIED SCHEDULE On page 6, line 13 following the word ‘‘re- TITLE II—CENTRAL INTELLIGENCE OF AUTHORIZATIONS.—The Schedule of Au- port’’ insert: ‘‘, consistent with their con- AGENCY RETIREMENT AND DIS- thorizations shall be made available to the tractual obligations,’’. ABILITY SYSTEM Committees on Appropriations of the Senate Sec. 201. Authorization of appropriations. and House of Representatives and to the LEVIN AMENDMENT NO. 1268 TITLE III—GENERAL PROVISIONS President. The President shall provide for Mr. LEVIN proposed an amendment Sec. 301. Increase in employee compensation suitable distribution of the Schedule, or of appropriate portions of the Schedule, within to amendment No. 1258 proposed by Mr. and benefits authorized by law. Sec. 302. Restriction on conduct of intel- the Executive Branch. KYL to the bill, H.R. 1555, supra; as fol- ligence activities. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. lows: Sec. 303. Extension of application of sanc- (a) AUTHORITY FOR ADJUSTMENTS.—With In the fourth sentence of section 213(c) of tions laws to intelligence ac- the approval of the Director of the Office of the Department of Energy Organization Act, tivities. Management and Budget, the Director of as proposed by subsection (c) of the amend- Sec. 304. Access to computers and computer Central Intelligence may authorize employ- ment, insert after ‘‘to any Department offi- data of executive branch em- ment of civilian personnel in excess of the cial’’ the following: ‘‘other than the Deputy ployees with access to classified number authorized for fiscal year 2000 under Secretary’’. information. section 102 when the Director of Central In- Sec. 305. Naturalization of certain persons telligence determines that such action is BRYAN AMENDMENT NO. 1269 affiliated with a Communist or necessary to the performance of important similar party. intelligence functions, except that the num- Mr. BRYAN proposed an amendment Sec. 306. Funding for infrastructure and ber of personnel employed in excess of the to the bill, H.R. 1555, supra; as follows: quality of life improvements at number authorized under such section may At the appropriate place in the bill, insert Menwith Hill and Bad Aibling not, for any element of the intelligence com- the following: stations. munity, exceed two percent of the number of Sec. 307. Technical amendment. SEC. ll. TERMINATION OF EXEMPTION OF CER- civilian personnel authorized under such sec- TAIN CONTRACTORS AND OTHER EN- TITLE IV—CENTRAL INTELLIGENCE tion for such element. TITIES FROM CIVIL PENALTIES FOR AGENCY (b) NOTICE TO INTELLIGENCE COMMITTEES.— VIOLATIONS OF NUCLEAR SAFETY Sec. 401. Improvement and extension of cen- The Director of Central Intelligence shall REQUIREMENTS UNDER ATOMIC EN- tral services program. promptly notify the Permanent Select Com- ERGY ACT OF 1954. Sec. 402. Extension of CIA Voluntary Sepa- mittee on Intelligence of the House of Rep- (a) NONPROFIT EDUCATIONAL INSTITU- ration Pay Act. resentatives and the Select Committee on TIONS.—Subsection b. (2) of section 234A of Intelligence of the Senate whenever the Di- the Atomic Energy Act of 1954 (42 U.S.C. TITLE V—DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES rector exercises the authority granted by 2282a) is amended by striking the second sen- this section. tence. Sec. 501. Short title. SEC. 104. INTELLIGENCE COMMUNITY MANAGE- IABILITY OF ONPROFIT ONTRAC Sec. 502. Moratorium on foreign visitors pro- (b) L N C - MENT ACCOUNT. TORS.—Subsection b. of that section is fur- gram. (a) AUTHORIZATION OF APPROPRIATIONS.— ther amended by adding at the end the fol- Sec. 503. Background checks on all foreign There is authorized to be appropriated for lowing: visitors to national labora- the Intelligence Community Management ‘‘(3)(A) Subject to subparagraph (B), the tories. Account of the Director of Central Intel- amounts of civil penalties for violations of Sec. 504. Report to Congress. ligence for fiscal year 2000 the sum of this section by nonprofit contractors of the Sec. 505. Definitions. $193,572,000. The Information Security Over- Department shall be determined in accord- TITLE VI—FOREIGN COUNTERINTEL- sight Office, charged with administering this ance with the schedule of penalties employed LIGENCE AND INTERNATIONAL TER- nation’s intelligence classification and de- by the Nuclear Regulatory Commission RORISM INVESTIGATIONS classification programs shall receive $1.5 under the General Statement of Policies and Sec. 601. Expansion of definition of ‘‘agent of million of these funds to allow it to hire Procedures for NRC Enforcement for similar a foreign power’’ for purposes of more staff so that it can more efficiently violations by nonprofit contractors. the Foreign Intelligence Sur- manage these programs. ‘‘(B) A civil penalty may be imposed on a veillance Act of 1978. (b) AUTHORIZED PERSONNEL LEVELS.—The nonprofit contractor of the Department for a Sec. 602. Federal Bureau of Investigation re- elements within the Community Manage- violation of this section only to the extent ports to other executive agen- ment Account of the Director of Central In- that such civil penalty, when aggregated cies on results of counterintel- telligence are authorized a total of 353 full- with any other penalties under the contract ligence activities. time personnel as of September 30, 2000. Per- concerned at the time of the imposition of TITLE I—INTELLIGENCE ACTIVITIES sonnel serving in such elements may be per- such civil penalty, does not exceed the per- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. manent employees of the Community Man- formance fee of the contractor under such Funds are hereby authorized to be appro- agement Account element or personnel de- contract.’’. priated for fiscal year 2000 for the conduct of tailed from other elements of the United (c) SPECIFIED CONTRACTORS.—That section the intelligence and intelligence-related ac- States Government. is further amended by striking subsection d. tivities of the following elements of the (c) CLASSIFIED AUTHORIZATIONS.— (d) APPLICABILITY.—The amendments made United States Government: (1) AUTHORIZATION OF APPROPRIATIONS.—In by this section shall take effect on the date (1) The Central Intelligence Agency. addition to amounts authorized to be appro- of the enactment of this Act, and shall apply (2) The Department of Defense. priated for the Community Management Ac- with respect to violations specified in sec- (3) The Defense Intelligence Agency. count by subsection (a), there is also author- tion 234A of the Atomic Energy Act of 1954 (4) The National Security Agency. ized to be appropriated for the Community that occur on or after that date. (5) The Department of the Army, the De- Management Account for fiscal year 2000 partment of the Navy, and the Department such additional amounts as are specified in SHELBY (AND KERREY) of the Air Force. the classified Schedule of Authorizations re- AMENDMENT NO. 1270 (6) The Department of State. ferred to in section 102(a). Such additional Mr. SHELBY (for himself and Mr. (7) The Department of the Treasury. amounts shall remain available until Sep- (8) The Department of Energy. tember 30, 2001. ERREY K ) proposed an amendment to (9) The Federal Bureau of Investigation. (2) AUTHORIZATION OF PERSONNEL.—In addi- the bill, H.R. 1555, supra; as follows: (10) The National Reconnaissance Office. tion to the personnel authorized by sub- Strike all after the enacting clause and in- (11) The National Imagery and Mapping section (b) for elements of the Community sert the following: Agency. Management Account as of September 30,

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8963 2000, there is hereby authorized such addi- records’’ and inserting ‘‘travel records, and (1) National Intelligence Estimate 98–03 tional personnel for such elements as of that computers used in the performance of gov- dated April 1998 and entitled ‘‘Vietnamese date as is specified in the classified Schedule ernment duties’’. Intentions, Capabilities, and Performance of Authorizations. (b) COMPUTER DEFINED.—Section 804 of that Concerning the POW/MIA Issue’’. (d) REIMBURSEMENT.—Except as provided in Act (50 U.S.C. 438) is amended— (2) The assessment dated November 1998 section 113 of the National Security Act of (1) by striking ‘‘and’’ at the end of para- and entitled ‘‘A Critical Assessment of Na- 1947 (50 U.S.C. 404h), during fiscal year 2000, graph (6); tional Intelligence Estimate 98–03 prepared any officer or employee of the United States (2) by striking the period at the end of by the United States Chairman of the Viet- or member of the Armed Forces who is de- paragraph (7) and inserting ‘‘; and’’; and nam War Working Group of the United tailed to the staff of an element within the (3) by adding at the end the following: States-Russia Joint Commission on POWs Community Management Account from an- ‘‘(8) the term ‘computer’ means any elec- and MIAs’’. other element of the United States Govern- tronic, magnetic, optical, electrochemical, (b) LIMITATIONS.—The Director shall not ment shall be detailed on a reimbursable or other high speed data processing device declassify any text contained in the estimate basis, except that any such officer, em- performing logical, arithmetic, or storage or assessment referred to in subsection (a) ployee, or member may be detailed on a non- functions, and includes any data storage fa- which would— reimbursable basis for a period of less than cility or communications facility directly (1) reveal intelligence sources and meth- one year for the performance of temporary related to or operating in conjunction with ods; or functions as required by the Director of Cen- such device and any data or other informa- (2) disclose by name the identity of a living tral Intelligence. tion stored or contained in such device.’’. foreign individual who has cooperated with (e) NATIONAL DRUG INTELLIGENCE CENTER.— (c) APPLICABILITY.—The President shall United States efforts to account for missing (1) IN GENERAL.—Of the amount authorized modify the procedures required by section personnel from the Vietnam era. to be appropriated in subsection (a), 801(a)(3) of the National Security Act of 1947 (c) DEADLINE.—The Director shall declas- $27,000,000 shall be available for the National to take into account the amendment to that sify the estimate and assessment referred to Drug Intelligence Center. Within such section made by subsection (a) of this sec- in subsection (a) not later than 30 days after amount, funds provided for research, devel- tion not later than 90 days after the date of the date of the enactment of this Act. opment, test, and evaluation purposes shall the enactment of this Act. SEC. ll. SUBMITTAL TO CONGRESS OF LISTS ON remain available until September 30, 2001, SEC. 305. NATURALIZATION OF CERTAIN PER- CLASSIFIED INFORMATION REGARD- and funds provided for procurement purposes SONS AFFILIATED WITH A COM- ING UNRECOVERED UNITED STATES shall remain available until September 30, MUNIST OR SIMILAR PARTY. PRISONERS OF WAR AND OTHER PERSONNEL. 2002. Section 313 of the Immigration and Nation- (a) REQUIREMENT.—(1) The head of each ele- ality Act (8 U.S.C. 1424) is amended by add- (2) TRANSFER OF FUNDS.—The Director of ment of the United States Government listed Central Intelligence shall transfer to the At- ing at the end the following: ‘‘(e) A person may be naturalized under in section 101 shall submit to the designated torney General of the United States funds congressional committees a list of all classi- this title without regard to the prohibitions available for the National Drug Intelligence fied documents, files, and other materials in subsections (a)(2) and (c) of this section, if Center under paragraph (1). The Attorney under the control of such element that per- the person— General shall utilize funds so transferred for tain to the subject of United States prisoners ‘‘(1) is otherwise eligible for naturaliza- activities of the Center. of war, missing in action personnel, or killed tion; (3) LIMITATION.—Amounts available for the in action personnel whose remains have not ‘‘(2) is within the class described in sub- National Drug Intelligence Center may not been recovered and identified. be used in contravention of the provisions of section (a)(2) solely because of past member- (2) Each list submitted under paragraph (1) section 103(d)(1) of the National Security Act ship in, or past affiliation with, a party or shall— of 1947 (50 U.S.C. 403–3(d)(1)). organization described in that subsection; (A) for each document, file, or other mate- (4) AUTHORITY.—Notwithstanding any ‘‘(3) does not fall within any other of the rial contained in the list— other provision of law, the Attorney General classes described in that subsection; and (i) specify the date of the preparation or shall retain full authority over the oper- ‘‘(4) is jointly determined by the Director dissemination of the document, file, or mate- ations of the National Drug Intelligence Cen- of Central Intelligence, the Attorney Gen- rial; ter. eral, and the Commissioner of Immigration (ii) specify the date or dates of any infor- TITLE II—CENTRAL INTELLIGENCE AGEN- and Naturalization to have made a contribu- mation contained in the document, file, or CY RETIREMENT AND DISABILITY SYS- tion to the national security or to the na- material; and TEM tional intelligence mission of the United (iii) identify the subject matter of the doc- States.’’. SEC. 201. AUTHORIZATION OF APPROPRIATIONS. ument, file, or material; and SEC. 306. FUNDING FOR INFRASTRUCTURE AND There is authorized to be appropriated for (B) be organized in chronological order ac- QUALITY OF LIFE IMPROVEMENTS cording to the date of the preparation or dis- the Central Intelligence Agency Retirement AT MENWITH HILL AND BAD and Disability Fund for fiscal year 2000 the AIBLING STATIONS. semination of the documents, files, or mate- sum of $209,100,000. Section 506(b) of the Intelligence Author- rials concerned. (b) DEADLINE.—The lists required by sub- ization Act for Fiscal Year 1996 (Public Law TITLE III—GENERAL PROVISIONS section (a) shall be submitted not later than 104–93; 109 Stat. 974), as amended by section SEC. 301. INCREASE IN EMPLOYEE COMPENSA- 120 days after the date of the enactment of 502 of the Intelligence Authorization Act for TION AND BENEFITS AUTHORIZED this Act. Fiscal Year 1998 (Public Law 105–107; 111 BY LAW. (c) ACCESS BY COMMITTEES AND MEMBERS OF Appropriations authorized by this Act for Stat. 2262), is further amended by striking CONGRESS.—A designated congressional com- salary, pay, retirement, and other benefits ‘‘for fiscal years 1998 and 1999’’ and inserting mittee shall, upon request and in accordance for Federal employees may be increased by ‘‘for fiscal years 2000 and 2001’’. with regulations of the committee regarding such additional or supplemental amounts as SEC. 307. TECHNICAL AMENDMENT. protection of classified information, make may be necessary for increases in such com- Section 305(b)(2) of the Intelligence Au- available any list submitted to the com- pensation or benefits authorized by law. thorization Act for Fiscal Year 1997 (Public mittee under subsection (a) to any Member SEC. 302. RESTRICTION ON CONDUCT OF INTEL- Law 104–293, 110 Stat. 3465; 8 U.S.C. 1427 note) of Congress or committee of Congress, and to LIGENCE ACTIVITIES. is amended by striking ‘‘subparagraph (A), any staff member of a Member of Congress or The authorization of appropriations by (B), (C), or (D) of section 243(h)(2) of such committee of Congress who possesses a secu- this Act shall not be deemed to constitute Act’’ and inserting ‘‘clauses (i) through (iv) rity clearance appropriate for access to the authority for the conduct of any intelligence of section 241(b)(3)(B) of such Act’’. list. activity which is not otherwise authorized SEC. 308. SENSE OF THE CONGRESS ON CLASSI- (d) DESIGNATED CONGRESSIONAL COMMITTEE by the Constitution or the laws of the United FICATION AND DECLASSIFICATION DEFINED.—In this section, the term ‘‘des- States. It is the sense of Congress that the system- ignated congressional committee’’ means the SEC. 303. EXTENSION OF APPLICATION OF SANC- atic declassification of records of permanent following: TIONS LAWS TO INTELLIGENCE AC- historic value is in the public interest and (1) The Committee on Armed Services and TIVITIES. that the management of classification and the Select Committee on Intelligence of the Section 905 of the National Security Act of declassification by Executive Branch agen- Senate. 1947 (50 U.S.C. 441d) is amended by striking cies requires comprehensive reform and addi- (2) The Committee on Armed Services and ‘‘January 6, 2000’’ and inserting ‘‘January 6, tional resources. the Permanent Select Committee on Intel- 2001’’. SEC. ll. DECLASSIFICATION OF INTELLIGENCE ligence of the House of Representatives. SEC. 304. ACCESS TO COMPUTERS AND COM- ESTIMATE ON VIETNAM-ERA PRIS- At the appropriate place in the bill, insert PUTER DATA OF EXECUTIVE ONERS OF WAR AND MISSING IN AC- the following: BRANCH EMPLOYEES WITH ACCESS TION PERSONNEL AND CRITICAL AS- SEC. . STUDY OF BACKGROUND CHECKS FOR TO CLASSIFIED INFORMATION. SESSMENT OF ESTIMATE. EMPLOYEES OF THE DEPARTMENT (a) ACCESS.—Section 801(a)(3) of the Na- (a) DECLASSIFICATION.—Subject to sub- OF ENERGY. tional Security Act of 1947 (50 U.S.C. section (b), the Director of Central Intel- (a) STUDY OF BACKGROUND CHECK PRAC- 435(a)(3)) is amended by striking ‘‘and travel ligence shall declassify the following: TICES.—

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8964 CONGRESSIONAL RECORD — SENATE July 21, 1999 (1) The Secretary of Energy shall conduct entities or instrumentalities associated or laboratory, the Secretary of Energy shall re- a study comparing the procedures used by affiliated with the Agency, and other’’. quire that a security clearance investigation the Department for conducting background (b) DEPOSITS IN CENTRAL SERVICES WORK- (known as a ‘‘background check’’) be carried checks of employees seeking access to classi- ING CAPITAL FUND.—Subsection (c)(2) of that out on that individual. fied information with the procedures used by section is amended— SEC. 504. REPORT TO CONGRESS. the Central Intelligence Agency, the Na- (1) by amending subparagraph (D) to read (a) REPORT.—(1) The Director of Central In- tional Security Agency, the Federal Bureau as follows: telligence and the Director of the Federal of Investigation, and other similar depart- ‘‘(D) Amounts received in payment for loss Bureau of Investigation jointly shall submit ments and agencies of the Federal Govern- or damage to equipment or property of a cen- to the committees referred to in subsection ment for conducting background checks of tral service provider as a result of activities (c) a report on counterintelligence activities such employees. under the program.’’; at the national laboratories, including facili- (2) Not later than 180 days after the date of (2) by redesignating subparagraph (E) as ties and areas at the national laboratories at the enactment of this Act, the Secretary of subparagraph (F); and which unclassified work is carried out. Energy shall submit to Congress a report on (3) by inserting after subparagraph (D), as (2) The report shall include— the study conducted under paragraph (1). so amended, the following new subparagraph (A) a description of the status of counter- The report shall include— (E): intelligence activities at each of the na- (A) a discussion of the adequacy of the pro- ‘‘(E) Other receipts from the sale or ex- tional laboratories; cedures used by the Department for con- change of equipment or property of a central (B) the net assessment produced under ducting background checks of employees service provider as a result of activities paragraph (3); and seeking access to classified information in under the program.’’. (C) a recommendation as to whether or not light of the comparison required under the (c) AVAILABILITY OF FEES.—Section section 502 should be repealed. study; and (f)(2)(A) of that section is amended by insert- (3)(A) A net assessment of the foreign visi- (B) any other recommendations, including ing ‘‘central service providers and any’’ be- tors program at the national laboratories recommendations for legislative action, that fore ‘‘elements of the Agency’’. shall be produced for purposes of the report (d) EXTENSION OF PROGRAM.—Subsection the Secretary considers appropriate. under this subsection and included in the re- (h)(1) of that section is amended by striking At the appropriate place in the bill, insert port under paragraph (2)(B). the following: ‘‘March 31, 2000’’ and inserting ‘‘March 31, (B) The assessment shall be produced by a SEC. . REPORT ON LEGAL STANDARDS APPLIED 2005’’. panel of individuals with expertise in intel- FOR ELECTRONIC SURVEILLANCE. SEC. 402. EXTENSION OF CIA VOLUNTARY SEPA- ligence, counterintelligence, and nuclear RATION PAY ACT. (a) REPORT.—Not later than 60 days after weapons design matters. (a) EXTENSION OF AUTHORITY.—Section 2(f) the date of the enactment of this Act, the (b) DEADLINE FOR SUBMITTAL.—The report of the Central Intelligence Agency Vol- Director of Central Intelligence, the Director required by subsection (a) shall be submitted untary Separation Pay Act (50 U.S.C. 403–4 of the National Security Agency, and the At- not later than 90 days after the date of the note) is amended by striking ‘‘September 30, torney General shall jointly prepare, and the enactment of this Act. 1999’’ and inserting ‘‘September 30, 2000’’. Director of the National Security Agency (c) COMMITTEES.—The committees referred (b) REMITTANCE OF FUNDS.—Section 2(i) of shall submit to the appropriate congres- that Act is amended by striking ‘‘or fiscal to in this subsection are the following: sional committees a report in classified and year 1999’’ and inserting ‘‘, 1999, or 2000’’. (1) The Committees on Armed Services and unclassified form describing the legal stand- Appropriations and the Select Committee on ards employed by elements of the intel- TITLE V—DEPARTMENT OF ENERGY Intelligence of the Senate. ligence community in conducting signals in- INTELLIGENCE ACTIVITIES (2) The Committees on Armed Services and telligence activities, including electronic SEC. 501. SHORT TITLE. Appropriations and the Permanent Select surveillance. This title may be cited as the ‘‘Department Committee on Intelligence of the House of (b) MATTERS SPECIFICALLY ADDRESSED.— of Energy Sensitive Country Foreign Visi- Representatives. The report shall specifically include a state- tors Moratorium Act of 1999’’. SEC. 505. DEFINITIONS. ment of each of the following legal stand- SEC. 502. MORATORIUM ON FOREIGN VISITORS In this title: PROGRAM. ards: (1) The term ‘‘national laboratory’’ means (a) MORATORIUM.—The Secretary of Energy (1) The legal standards for interception of any of the following: may not admit to any classified facility of a communications when such interception (A) The Lawrence Livermore National Lab- national laboratory any individual who is a may result in the acquisition of information oratory, Livermore, California. citizen of a nation that is named on the cur- from a communication to or from United (B) The Los Alamos National Laboratory, rent Department of Energy sensitive coun- States persons. Los Alamos, New Mexico. tries list. (2) The legal standards for intentional tar- (C) The Sandia National Laboratories, Al- (b) WAIVER AUTHORITY.—(1) The Secretary geting of the communications to or from buquerque, New Mexico. United States persons. of Energy may waive the prohibition in sub- section (a) on a case-by-case basis with re- (2) The term ‘‘sensitive countries list’’ (3) The legal standards for receipt from means the list prescribed by the Secretary of non-United States sources of information spect to specific individuals whose admission to a national laboratory is determined by Energy known as the Department of Energy pertaining to communications to or from List of Sensitive Countries. United States persons. the Secretary to be necessary for the na- (4) The legal standards for dissemination of tional security of the United States. TITLE VI—FOREIGN COUNTERINTEL- information acquired through the intercep- (2) Not later than 30 days after granting a LIGENCE AND INTERNATIONAL TER- tion of the communications to or from waiver under paragraph (1), the Secretary RORISM INVESTIGATIONS United States persons. shall submit to committees referred to in SEC. 601. EXPANSION OF DEFINITION OF ‘‘AGENT (c) DEFINITION.—As used in this section: paragraph (4) a report in writing regarding OF A FOREIGN POWER’’ FOR PUR- (1) The term ‘‘intelligence community’’ the waiver. The report shall identify each in- POSES OF THE FOREIGN INTEL- has the meaning given that term under sec- dividual for whom such a waiver was granted LIGENCE SURVEILLANCE ACT OF 1978. tion 3(4) of the National Security Act of 1947 and, with respect to each such individual, (50 U.S.C. 401a(4)). provide a detailed justification for the waiv- Section 101(b)(2) of the Foreign Intel- (2) The term ‘‘United States persons’’ has er and the Secretary’s certification that the ligence Surveillance Act of 1978 (50 U.S.C. the meaning given such term under section admission of that individual to a national 1801(b)(2)) is amended— 101(i) of the Foreign Intelligence Surveil- laboratory is necessary for the national se- (1) in subparagraph (C), by striking ‘‘or’’ at lance Act of 1978 (50 U.S.C. 1801(i)). curity of the United States. the end; (3) The term ‘‘appropriate congressional (3) The authority of the Secretary under (2) by redesignating subparagraph (D) as committees’’ means the Permanent Select paragraph (1) may not be delegated. subparagraph (E); and Committee on Intelligence and the Com- (4) The committees referred to in this para- (3) by inserting after subparagraph (C) the mittee on the Judiciary of the House of Rep- graph are the following: following new subparagraph (D): resentatives, and the Select Committee on (A) The Committees on Armed Services, ‘‘(D) knowingly enters the United States Intelligence and the Committee on the Judi- Appropriations, Commerce, and Energy and under a false or fraudulent identity for or on ciary of the Senate. Natural Resources and the Select Committee behalf of a foreign power or, while in the on Intelligence of the Senate. United States, knowingly assumes a false or TITLE IV—CENTRAL INTELLIGENCE (B) The Committees on Armed Services, fraudulent identity for or on behalf of a for- AGENCY Appropriations, Commerce, and Resources eign power; or’’. SEC. 401. IMPROVEMENT AND EXTENSION OF and the Permanent Select Committee on In- SEC. 602. FEDERAL BUREAU OF INVESTIGATION CENTRAL SERVICES PROGRAM. telligence of the House of Representatives. REPORTS TO OTHER EXECUTIVE (a) SCOPE OF PROVISION OF ITEMS AND SERV- SEC. 503. BACKGROUND CHECKS ON ALL FOR- AGENCIES ON RESULTS OF COUN- ICES.—Subsection (a) of section 21 of the Cen- EIGN VISITORS TO NATIONAL LAB- TERINTELLIGENCE ACTIVITIES. tral Intelligence Agency Act of 1949 (50 ORATORIES. Section 811(c)(2) of the Counterintelligence U.S.C. 403u) is amended by striking ‘‘and to Before an individual who is a citizen of a and Security Enhancements Act of 1994 (title other’’ and inserting ‘‘, nonappropriated fund foreign nation is allowed to enter a national VIII of Public Law 103–359; 108 Stat. 3455; 50

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If at any time after March 1 of a year, but Treasury, in consultation with the Attorney (a) FINDING.—Congress makes the following prior to January 1 of the following year, the General, Director of Central Intelligence, findings: Secretary of Defense, and Secretary of State, (1) Presidential Decision Directive 42, President determines that a person is play- ing a significant role in international nar- is authorized to take such actions, including issued on October 21, 1995, ordered agencies the promulgation of rules and regulations, of the executive branch of the United States cotics trafficking and has not been des- ignated under subsection (d) as a person con- and to employ all powers granted to the Government to, inter alia, increase the pri- President by the International Emergency ority and resources devoted to the direct and stituting an unusual and extraordinary threat to the national security, foreign pol- Economic Powers Act as may be necessary immediate threat international crime pre- to carry out this section. The Secretary of sents to national security, work more close- icy, and economy of the United States, the President may so designate the person. The the Treasury may redelegate any of these ly with other governments to develop a glob- functions to any other officer or agency of al response to this threat, and use aggres- President shall notify the Secretary of the Treasury of any person designated under this the United States Government. Each agency sively and creatively all legal means avail- of the United States shall take all appro- able to combat international crime. paragraph. EMOVAL OF DESIGNATIONS OF INDIVID- priate measures within its authority to (2) Executive Order No. 12978 of October 21, (2) R UALS.—Whenever the President determines carry out this section. 1995, provides for the use of the authorities NFORCEMENT.—Violations of licenses, that a person designated under subsection (d) (f) E in the International Emergency Economic orders, or regulations under this Act shall be or paragraph (1) of this subsection no longer Powers Act (IEEPA) to target and sanction subject to the same civil or criminal pen- poses an unusual and extraordinary threat to four specially designated narcotics traf- alties as are provided by section 206 of the the national security, foreign policy, and fickers and their organizations which oper- International Emergency Economic Powers economy of the United States, the person ate from Colombia. Act (50 U.S.C. 1705) for violations of licenses, shall no longer be considered as designated (b) POLICY.—It should be the policy of the orders, and regulations under that Act. under that subsection. United States to impose economic and other (g) DEFINITIONS.—In this section: (f) REFERENCES.—Any person designated financial sanctions against foreign inter- (1) ENTITY.—The term ‘‘entity’’ means a national narcotics traffickers and their orga- under subsection (d) or (e) may be referred to partnership, association, corporation, or nizations worldwide. in this Act as a ‘‘specially designated nar- other organization, group or subgroup. cotics trafficker’’. SEC. l02. PURPOSE. (2) NARCOTICS TRAFFICKING.—The term The purpose of this title is to provide for SEC. ll04. BLOCKING ASSETS. ‘‘narcotics trafficking’’ means any activity the use of the authorities in the Inter- (a) FINDING.—Congress finds that a na- undertaken illicitly to cultivate, produce, national Emergency Economic Powers Act tional emergency exists with respect to any manufacture, distribute, sell, finance, or to sanction additional specially designated individual who is a specially designated nar- transport, or otherwise assist, abet, conspire, narcotics traffickers operating worldwide. cotics trafficker. or collude with others in illicit activities re- SEC. l03. DESIGNATION OF CERTAIN FOREIGN (b) BLOCKING OF ASSETS.—Except to the ex- lating to, narcotic drugs, including, but not INTERNATIONAL NARCOTICS TRAF- tent provided in section 203(b) of the Inter- limited to, heroin, methamphetamine and FICKERS. national Emergency Economic Powers Act cocaine. (a) PREPARATION OF LIST OF NAMES.—Not (50 U.S.C. 1702(b)) and in regulations, orders, (3) PERSON.—The term ‘‘person’’ means an later than January 1, 2000 and not later than directives, or licenses that may be issued individual or entity. January 1 of each year thereafter, the Sec- pursuant to this Act, and notwithstanding (4) UNITED STATES PERSON.—The term retary of the Treasury, in consultation with any contract entered into or any license or ‘‘United States person’’ means any United the Attorney General, Director of Central In- permit granted prior to the date of designa- States citizen or national, permanent resi- telligence, Secretary of Defense, and Sec- tion of a person as a specially designated dent alien, entity organized under the laws retary of State, shall transmit to the Presi- narcotics trafficker, there are hereby of the United States (including foreign dent and to the Director of the Office of Na- blocked all property and interests in prop- branches), or any person in the United tional Drug Control Policy a list of those in- erty that are, or after that date come, within States. dividuals who play a significant role in inter- the United States, or that are, or after that SEC. ll05. DENIAL OF VISAS TO AND INADMIS- national narcotics trafficking as of that date come, within the possession or control SIBILITY OF SPECIALLY DES- date. of any United States person, of— IGNATED NARCOTICS TRAFFICKERS. (b) EXCLUSION OF CERTAIN PERSONS FROM (1) any specially designated narcotics traf- (a) PROHIBITION.—The Secretary of State LIST.— ficker; shall deny a visa to, and the Attorney Gen- (1) IN GENERAL.—Notwithstanding any (2) any person who materially and know- eral may not admit to the United States— other provision of this section, the list de- ingly assists in, provides financial or techno- (1) any specially designated narcotics traf- scribed in subsection (a) shall not include logical support for, or provides goods or serv- ficker; or the name of any individual if the Director of ices in support of, the narcotics trafficking (2) any alien who the consular officer or Central Intelligence determines that the dis- activities of a specially designated narcotics the Attorney General knows or has reason to closure of that person’s role in international trafficker; and believe— narcotics trafficking could compromise (3) any person determined by the Secretary (A) is a spouse or minor child of a specially United States intelligence sources or meth- of the Treasury, in consultation with the At- designated narcotics trafficker; or ods. The Director of Central Intelligence torney General, Director of Central Intel- (B) is a person described in paragraph (2) or shall advise the President when a determina- ligence, Secretary of Defense, and Secretary (3) of section l04(b). tion is made to withhold an individual’s of State, to be owned or controlled by, or to (b) EXCEPTIONS.—Subsection (a) shall not identity under this subsection. act for or on behalf of, a specially designated apply— (2) REPORTS.—In each case in which the Di- narcotics trafficker. (1) where the Secretary of State finds, on a rector of Central Intelligence has made a de- (c) PROHIBITED ACTS.—Except to the extent case-by-case basis, that the entry into the termination under paragraph (1), the Presi- provided in section 203(b) of the Inter- United States of the person is necessary for dent shall submit a report in classified form national Emergency Economic Powers Act medical reasons; to the Select Committee on Intelligence of or in any regulation, order, directive, or li- (2) upon the request of the Attorney Gen- the Senate and the Permanent Select Com- cense that may be issued pursuant to this eral, Director of Central Intelligence, Sec- mittee on Intelligence of the House of Rep- Act, and notwithstanding any contract en- retary of the Treasury, or the Secretary of resent setting forth the reasons for the de- tered into or any license or permit granted Defense; or termination. prior to the effective date, the following acts (3) for purposes of the prosecution of a spe- (d) DESIGNATION OF INDIVIDUALS AS are prohibited: cially designated narcotics trafficker. THREATS TO THE UNITED STATES.—The Presi- (1) Any transaction or dealing by a United At the end of the bill, add the following: dent shall determine not later than March 1 States person, or within the United States, TITLE VII—COMMISSION TO ASSESS THE of each year whether or not to designate per- in property or interests in property of any BALLISTIC MISSILE THREAT TO THE sons on the list transmitted to the President specially designated narcotics trafficker. RUSSIAN FEDERATION that year as persons constituting an unusual (2) Any transaction or dealing by a United SEC. 701. ESTABLISHMENT OF COMMISSION. and extraordinary threat to the national se- States person, or within the United States, (a) ESTABLISHMENT.—There is hereby es- curity, foreign policy, and economy of the that evades or avoids, has the purpose of tablished a commission to be known as the United States. The President shall notify the evading or avoiding, or attempts to violate, ‘‘Commission to Assess the Ballistic Missile Secretary of the Treasury of any person des- subsection (b). Threat to the Russian Federation’’ (herein- ignated under this subsection. If the Presi- (d) LAW ENFORCEMENT AND INTELLIGENCE after in this title referred to as the ‘‘Com- dent determines not to designate any person ACTIVITIES NOT AFFECTED.—Nothing in this mission’’).

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(b) COMPOSITION.—The Commission shall be (2) The Commission shall act by resolution Under Secretaries and a General Counsel, composed of nine members appointed by the agreed to by a majority of the members of who shall be appointed by the President, by Director of Central Intelligence. In selecting the Commission. and with the advice and consent of the Sen- individuals for appointment to the Commis- (c) COMMISSION.—The Commission may es- ate. One Under Secretary shall be the Under sion, the Director should consult with— tablish panels composed of less than full Secretary for Nuclear Stewardship. The (1) the Speaker of the House of Representa- membership of the Commission for the pur- other Under Secretary shall bear primary re- tives concerning the appointment of three of pose of carrying out the Commission’s du- sponsibility for science, energy (including the members of the Commission; ties. The actions of each such panel shall be energy conservation), and environmental (2) the majority leader of the Senate con- subject to the review and control of the Com- functions.’’ cerning the appointment of three of the mission. Any findings and determinations (c) After section 212 of the Act add the fol- members of the Commission; and made by such a panel shall not be considered lowing new section: (3) the minority leader of the House of Rep- the findings and determinations of the Com- ‘‘AGENCY FOR NUCLEAR STEWARDSHIP resentatives and the minority leader of the mission unless approved by the Commission. ‘‘SEC. 213(a). There shall be within the De- Senate concerning the appointment of three (d) AUTHORITY OF INDIVIDUALS TO ACT FOR partment a separately organized Agency for of the members of the Commission. COMMISSION.—Any member or agent of the Nuclear Stewardship under the direction, au- (c) QUALIFICATIONS.—Members of the Com- Commission may, if authorized by the Com- thority, and control of the Secretary, to be mission shall be appointed from among pri- mission, take any action which the Commis- headed by the Under Secretary for Nuclear vate United States citizens with knowledge sion is authorized to take under this title. and expertise in the political and military Stewardship who shall also serve as Director SEC. 706. PERSONNEL MATTERS. aspects of proliferation of ballistic missiles of the Agency. (a) PAY OF MEMBERS.—Members of the and the ballistic missile threat to the Rus- ‘‘(b) The Under Secretary for Nuclear Commission shall serve without pay by rea- sian Federation. Stewardship shall be a person who has an ex- (d) CHAIRMAN.—The Speaker of the House son of their work on the Commission. tensive background in national security, or- of Representatives, after consultation with (b) TRAVEL EXPENSES.—The members of ganizational management and appropriate the majority leader of the Senate and the the Commission shall be allowed travel ex- technical fields, and is especially well quali- minority leaders of the House of Representa- penses, including per diem in lieu of subsist- fied to manage the nuclear weapons, non- tives and the Senate, shall designate one of ence, at rates authorized for employees of proliferation and fissile materials disposi- the members of the Commission to serve as agencies under subchapter I of chapter 57 of tion programs of the Department in a man- chairman of the Commission. title 5, United States Code, while away from ner that advances and protects the national (e) PERIOD OF APPOINTMENT; VACANCIES.— their homes or regular places of business in security of the United States. Members shall be appointed for the life of the performance of services for the Commis- ‘‘(c) The Secretary shall be responsible for the Commission. Any vacancy in the Com- sion. all policies of the Agency. The Under Sec- mission shall be filled in the same manner as (c) STAFF.—(1) The chairman of the Com- retary for Nuclear Stewardship shall report the original appointment. mission may, without regard to the provi- solely and directly to the Secretary and (f) SECURITY CLEARANCES.—All members of sions of title 5, United States Code, gov- shall be subject to the supervision and direc- the Commission shall hold appropriate secu- erning appointments in the competitive tion of the Secretary. The Secretary shall rity clearances. service, appoint a staff director and such ad- have a staff adequate to fulfill the responsi- (g) INITIAL ORGANIZATION REQUIREMENTS.— ditional personnel as may be necessary to bility to set policies throughout the Depart- (1) All appointments to the Commission shall enable the Commission to perform its duties. ment including establishing policies gov- be made not later than 45 days after the date The appointment of a staff director shall be erning the Agency for Nuclear Stewardship. of the enactment of this Act. subject to the approval of the Commission. (2) The Commission shall convene its first The Secretary’s staff, including but not lim- (2) The chairman of the Commission may ited to the General Counsel and the Chief Fi- meeting not later than 30 days after the date fix the pay of the staff director and other as of which all members of the Commission nancial Officer, shall assist the Secretary in personnel without regard to the provisions of the supervision of the development and im- have been appointed, but not earlier than Oc- chapter 51 and subchapter III of chapter 53 of tober 15, 1999. plementation of policies set forth by the Sec- title 5, United States Code, relating to clas- retary and shall advise the Secretary on the SEC. 702. DUTIES OF COMMISSION. sification of positions and General Schedule adequacy of such development and imple- (a) REVIEW OF BALLISTIC MISSILE THREAT.— pay rates, except that the rate of pay fixed The Commission shall assess the nature and mentation. The Secretary may not delegate under this paragraph for the staff director to any Department official other than the magnitude of the existing and emerging bal- may not exceed the rate payable for level V listic missile threat to the Russian Federa- Deputy Secretary the duty to supervise or of the Executive Schedule under section 5316 direct the Under Secretary for Nuclear Stew- tion. of such title and the rate of pay for other (b) COOPERATION FROM GOVERNMENT OFFI- ardship. personnel may not exceed the maximum rate CIALS.—In carrying out its duties, the Com- ‘‘(d) The Secretary may direct other offi- payable for grade GS–15 of the General mission should receive the full and timely cials of the Department who are not within Schedule. cooperation of the Secretary of Defense, the the Agency for Nuclear Stewardship to re- (d) DETAIL OF GOVERNMENT EMPLOYEES.— Director of Central Intelligence, and any view the Agency’s programs and to make Upon request of the chairman of the Com- other United States Government official re- recommendations to the Secretary regarding sponsible for providing the Commission with mission, the head of any Federal department the administration of such programs, includ- analyses, briefings, and other information or agency may detail, on a nonreimbursable ing consistency with other similar programs necessary for the fulfillment of its respon- basis, any personnel of that department or and activities in the Department. sibilities. agency to the Commission to assist it in car- ‘‘(e) The Secretary shall assign to the rying out its duties. SEC. 703. REPORT. Under Secretary for Nuclear Stewardship di- (e) PROCUREMENT OF TEMPORARY AND The Commission shall, not later than six rect authority over and responsibility for: INTERMITTENT SERVICES.—The chairman of months after the date of its first meeting, ‘‘(1) all programs and activities of the De- submit to Congress a report on its findings the Commission may procure temporary and partment related to its national security and conclusions. intermittent services under section 3109(b) of functions, including nuclear weapons, non- title 5, United States Code, at rates for indi- SEC. 704. POWERS. proliferation and fissile materials disposi- viduals which do not exceed the daily equiva- (a) HEARINGS.—The Commission or, at its tion, and; lent of the annual rate of basic pay payable direction, any panel or member of the Com- ‘‘(2) all activities at the Department’s na- mission, may, for the purpose of carrying out for level V of the Executive Schedule under tional security laboratories, and nuclear the provisions of this title, hold hearings, sit section 5316 of such title. weapons production facilities. and act at times and places, take testimony, SEC. . DEPARTMENT OF ENERGY NUCLEAR SE- ‘‘(f) The Secretary shall assign to the receive evidence, and administer oaths to CURITY. Under Secretary for Nuclear Stewardship di- the extent that the Commission or any panel (a) Section 202(a) of the Department of En- rect authority over and responsibility for all or member considers advisable. ergy Organization Act (referred to in this executive and administrative operations and (b) INFORMATION.—The Commission may section as the ‘‘Act’’) is amended by striking functions of the Agency for Nuclear Steward- secure directly from the Department of De- the second sentence and inserting ‘‘The Sec- ship (except for the authority and responsi- fense, the Central Intelligence Agency, and retary shall delegate to the Deputy Sec- bility assigned to the Deputy Director for any other Federal department or agency in- retary such duties as the Secretary may pre- Naval Reactors), including but not limited formation that the Commission considers scribe unless such delegation is otherwise to: necessary to enable the Commission to carry prohibited by law, and the Deputy Secretary ‘‘(1) strategic management; out its responsibilities under this title. shall act for and exercise the functions of the ‘‘(2) policy development and guidance; SEC. 705. COMMISSION PROCEDURES. Secretary during the absence or disability of ‘‘(3) budget formulation and guidance; (a) MEETINGS.—The Commission shall meet the Secretary or in the event the office of ‘‘(4) resource requirements determination at the call of the Chairman. the Secretary becomes vacant.’’ and allocation; (b) QUORUM.—(1) Five members of the Com- (b) Section 202(b) of the Act is amended by ‘‘(5) program direction; mission shall constitute a quorum other striking the first two sentences and insert- ‘‘(6) safeguards and security; than for the purpose of holding hearings. ing ‘‘There shall be in the Department two ‘‘(7) emergency management;

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8967 ‘‘(8) integrated safety management; access to the Secretary and all other offi- ‘‘(A) the status and effectiveness of secu- ‘‘(9) environment, safety, and health oper- cials of the Department and its contractors rity and counterintelligence programs at ations (except those environmental remedi- concerning intelligence matters and shall be each nuclear weapons production facility, ation and nuclear waste management activi- responsible for all programs and activities of national security laboratory, or any other ties and facilities that the Secretary deter- the Agency relating to the analysis and as- facility or institution at which classified nu- mines are best managed by other officials of sessment of intelligence with respect to for- clear weapons work is performed; the Department); eign nuclear weapons, materials, and other ‘‘(B) the adequacy of procedures and poli- ‘‘(10) administration of contracts, includ- nuclear matters in foreign nations. cies for protecting national security infor- ing those for the management and operation ‘‘(j)(1) The Under Secretary shall, with the mation at each nuclear weapons production of the nuclear weapons production facilities approval of the Secretary and the Director of facility, national security laboratory, or any and the national security laboratories; the Federal Bureau of Investigation, des- other facility or institution at which classi- ‘‘(11) intelligence; ignate the Chief of Counterintelligence who fied nuclear weapons work is performed; ‘‘(12) counterintelligence; shall have special expertise in counterintel- ‘‘(C) whether each nuclear weapons produc- ‘‘(13) personnel, including their selection, ligence. tion facility, national security laboratory, or appointment, distribution, supervision, fix- ‘‘(2) If such person is a federal employee of other facility or institution at which classi- ing of compensation, and separation; an entity other than the Agency, the service fied nuclear weapons work is performed is in ‘‘(14) procurement of services of experts of such employee as Chief shall not result in full compliance with all security and coun- and consultants in accordance with section any loss of employment status, right, or terintelligence requirements, and if not what 3109 of Title 5, United States Code; and privilege by such employee. measures are being taken or are in place to ‘‘(15) legal matters. ‘‘(k) All personnel of the Agency for Nu- bring such facility, laboratory, or institution ‘‘(g) There shall be within the Agency clear Stewardship, in carrying out any func- into compliance; three Deputy Directors, each of whom shall tion of the Agency, shall be responsible to, ‘‘(D) any significant violation of law, rule, be appointed by the President, by and with and subject to the supervision and direction regulation, or other requirement relating to the advice and consent of the Senate; who of, the Secretary and the Under Secretary security or counterintelligence at each nu- shall be compensated at the rate provided for for Nuclear Stewardship or his designee clear weapons production facility, national at level IV of the Executive Schedule under within the Agency, and shall not be respon- security laboratory, or any other facility or section 5315 of Title 5 (except the Deputy Di- sible to, or subject to the supervision or di- institution at which classified nuclear weap- rector for Naval Reactors when an active rection of, any other officer, employee, or ons work is performed; ‘‘(E) each foreign visitor or assignee; the duty naval officer). There shall be a Deputy agent of any other part of the Department. national security laboratory, nuclear weap- Director for each of the following functions: ‘‘Such supervision and direction of any Di- ons production facility, or other facility or ‘‘(1) defense programs; rector or contract employee of a national se- institution at which classified nuclear weap- ‘‘(2) non-proliferation and fissile materials curity laboratory or of a nuclear weapons ons work is performed visited, the purpose disposition; and production facility shall not interfere with and justification for the visit, the duration ‘‘(3) naval reactors. communication to the Department, the of the visit, whether the visitor or assignee ‘‘(h) The Deputy Director for Naval Reac- President, or Congress, of technical findings had access to classified or sensitive informa- tors shall report to the Secretary of Energy or technical assessments derived from, and tion or facilities, and whether a background through the Under Secretary for Nuclear in accord with, duly authorized activities. check was performed on such visitor prior to Stewardship and have direct access to the The Under Secretary for Nuclear Steward- such visit; and Secretary and other senior officials of the ship shall have responsibility and authority Department; and shall be assigned the re- ‘‘(F) such other matters and recommenda- for, and may use, an appropriate field struc- tions to Congress as the Under Secretary sponsibilities, authorities, and account- ture for the programs and activities of the ability for all functions of the Office of deems appropriate. Agency. ‘‘(3) Each report required by this sub- Naval Reactors as described by the reference ‘‘(l) The Under Secretary for Nuclear Stew- section shall be submitted in unclassified in section 1634 of Public Law 98–525. Except ardship shall delegate responsibilities to the form, but may include a classified annex. as specified in subsection (g) and this sub- Deputy Directors except that the respon- ‘‘(4) Thirty days prior to the submission of section, all other provisions described by the sibilities, authorities and accountability of the report required by subsection p(1), but in reference in section 1634 of Public Law 98–525 the Deputy Director for Naval Reactors are any event no later than February 1 of each remain in full force until changed by law. as described in subsection (h). year, the director of each Department of En- ‘‘(i) There shall be within the Agency three ‘‘(m) The Directors of the national security ergy national security laboratory and nu- offices, each of which shall be administered laboratories and the heads of the nuclear clear weapons production facility shall cer- by a Chief appointed by the Under Secretary weapons production facilities and the Nevada tify in writing to the Under Secretary for for Nuclear Stewardship. There shall be a: Test Site shall report consistent with their Nuclear Stewardship whether that labora- ‘‘(1) Chief of Nuclear Stewardship Counter- contractual obligation directly to the Dep- tory or facility is in full compliance with all intelligence, who shall report to the Under uty Director for Defense Programs. national security information protection re- Secretary and implement the counterintel- ‘‘(n) The Under Secretary for Nuclear quirements. If the laboratory or facility is ligence policies directed by the Secretary Stewardship shall maintain within the Agen- not in full compliance, the director of the and Under Secretary. The Chief of Nuclear cy staff sufficient to implement the policies laboratory or facility shall report on why it Stewardship Counterintelligence shall have of the Secretary and Under Secretary for Nu- is not in compliance, what measures are direct access to the Secretary and all other clear Stewardship for the Agency. At a min- being taken to bring it into compliance, and officials of the Department and its contrac- imum these staff shall be responsible for: when it will be in compliance. tors concerning counterintelligence matters ‘‘(1) personnel; ‘‘(q) The Under Secretary for Nuclear and shall be responsible for— ‘‘(2) legal services, and; Stewardship shall keep the Secretary, the ‘‘(A) the development and implementation ‘‘(3) financial management. Committees on Armed Services of the Senate of the Agency’s counterintelligence pro- ‘‘(o)(1) The Secretary shall ensure that and House of Representatives, the Com- grams to prevent the disclosure or loss of other programs of the Department, other mittee on Energy and Natural Resources of classified or other sensitive information; and federal agencies, and other appropriate enti- the Senate, the Committee on Governmental ‘‘(B) the development and administration ties continue to use the capabilities of the Affairs of the Senate, the Committee on of personnel assurance programs within the national security laboratories. Commerce of the House of Representatives, Agency for Nuclear Stewardship. ‘‘(2) The Under Secretary under the direc- the Select Committee on Intelligence of the ‘‘(2) Chief of Nuclear Stewardship Security, tion, authority, and control of the Secretary, Senate, and the Permanent Select Com- who shall report to the Under Secretary and shall, consistent with the effective discharge mittee on Intelligence of the House of Rep- shall implement the security policies di- of the Agency’s responsibilities, make the resentatives fully and currently informed re- rected by the Secretary and Under Sec- capabilities of the national security labora- garding any actual or potential significant retary. The Chief of Nuclear Stewardship Se- tories available to the entities in paragraph threat to, or loss of, national security infor- curity shall have direct access to the Sec- (1) in a manner that continues to provide di- mation, unless such information has already retary and all other officials of the Depart- rect programmatic control by such entities. been reported to the Senate Select Com- ment and its contractors concerning security ‘‘(p)(1) Not later than March 1 of each year mittee on Intelligence and the House Perma- matters and shall be responsible for the de- the Under Secretary for Nuclear Stewardship nent Select Committee on Intelligence pur- velopment and implementation of security shall submit through the Secretary to the suant to the National Security Act of 1947, as programs for the Agency including the pro- Director of Central Intelligence, the Director amended. tection, control and accounting of materials, of the Federal Bureau of Investigation, the ‘‘(r) Personnel of the Agency for Nuclear and the physical and cybersecurity for all fa- Senate and the House of Representatives, a Stewardship who have reason to believe that cilities in the Agency. report on the status and effectiveness of the there is a problem, abuse, violation of law or ‘‘(3) Chief of Nuclear Stewardship Intel- security and counterintelligence programs of executive order, or deficiency relating to the ligence, who shall be a senior executive serv- the Agency for Nuclear Stewardship during management of classified information shall ice employee of the Agency or an agency of the preceding year. promptly report such problem, abuse, viola- the intelligence community who shall report ‘‘(2) The report shall provide information tion, or deficiency to the Under Secretary to the Under Secretary and shall have direct on: for Nuclear Stewardship.

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8968 CONGRESSIONAL RECORD — SENATE July 21, 1999 ‘‘(s)(1) The Under Secretary for Nuclear tional security information, including na- State determines that the extension of the Stewardship shall not be required to obtain tional security information at the Depart- detail would further the interests of the De- the approval of any officer or employee of ment’s laboratories, nuclear weapons facili- partment of State’’. the Department of Energy, except the Sec- ties and other facilities, making such rec- On page 76, line 11, insert before the period: retary, or any officer or employee of any ommendations to Congress as may be appro- ‘‘: Provided further, That of the amount made other Federal agency or department for the priate. available under this heading, not less than preparation or delivery of any report re- (e) The following technical and conforming $11,000,000 shall be available for the Office of quired by this section. amendments are made: Defense Trade Controls’’. ‘‘(2) No officer or employee of the Depart- (1) Section 5314 of title 5, United States On page 110, strike lines 15 through 23 and ment of Energy or any other Federal agency Code is amended by striking ‘‘Under Sec- insert in lieu thereof: or department may delay, deny, obstruct or retary, Department of Energy’’ and inserting ‘‘(ii) Notwithstanding otherwise applicable otherwise interfere with the preparation of ‘‘Under Secretaries of Energy (2), one of law, for each license or construction permit any report required by this section. whom serves as the Director, Agency for Nu- issued by the Commission under the sub- ‘‘(t) For purposes of this section— clear Stewardship.’’ section for which a debt or other monetary ‘‘(1) the term ‘‘personnel of the Agency for (2) Section 202(b) of the Act is amended in obligation is owned to the Federal Commu- Nuclear Stewardship’’ means each officer or the third sentence by striking ‘‘Under Sec- nications Commission or to the United employee within the Department of Energy, retary’’ and inserting ‘‘Under Secretaries’’. States, the Commission shall be deemed to and any officer or employee of any con- (3) Section 212 of the Act is amended by have a pefected, first priority security inter- tractor of the Department (pursuant to the striking subsection 212(b) and redesignating est in such license or permit, and in the pro- terms of the contract), whose— subsection 212(c) as subsection 212(b). ceeds of sale of such license or permit, to the ‘‘(A) responsibilities include carrying out a (4) Section 309 of the Act is amended by extent of the outstanding balance of such a function of the Agency for Nuclear Steward- striking ‘‘Assistant Secretary to whom the debt or other obligation.’’ ship; or Secretary has assigned the functions listed On page 111, insert after the end of Sec. 619: ‘‘(B) employment is funded primarily in section 203(a)(2)(E)’’ and inserting ‘‘Under ‘‘SEC. 620. (a) DEFINITION—For the purposes under the; Secretary for Nuclear Stewardship’’. of this section— ‘‘(i) Weapons Activities, or; (5) The Table of Contents of the Act is (1) the term ‘‘agency’’ means the Federal ‘‘(ii) Non-proliferation, Fissile Materials amended by inserting after the item relating Disposition or Naval Reactors portions of Communications Commission. to section 212 the following new item: (2) the term ‘‘employee’’ means an em- the Other Defense Activities budget func- ‘‘Sec. 213. Agency for Nuclear Stewardship.’’ tions of the Department; ployee (as defined by section 2105 of title 5, ‘‘(2) the term ‘nuclear weapons production f United States Code) who is serving under an facility’ means the following facilities: 2000 DEPARTMENTS OF COM- appointment without time limitation, and ‘‘(A) the Kansas City Plant, Kansas City, has been currently employed by such agency MERCE, JUSTICE, AND STATE, for a continuous period of at least 3 years; Missouri; THE JUDICIARY, AND RELATED ‘‘(B) the Pantex Plant, Amarillo, Texas; but does not include— ‘‘(C) the Y–12 Plant, Oak Ridge, Tennessee; AGENCIES APPROPRIATIONS (A) a reemployed annuitant under sub- ‘‘(D) the tritium operations facilities at ACT, 1999 chapter III of chapter 83 or chapter 84 of title the Savannah River Site, Aiken, South Caro- 5, United States Code, or another retirement lina; system for employees of the Government. ‘‘(E) the Nevada Test Site, Nevada, and; GREGG (AND HOLLINGS) (B) an employee having a disability on the ‘‘(F) any other facility the Secretary des- AMENDMENT NO. 1271 basis of which such employee is or would be ignates. eligible for disability retirement under sub- ‘‘(3) the term ‘national security labora- Mr. GREGG (for himself and Mr. HOL- chapter III of chapter 83 or chapter 84 of title tory’ means the following laboratories: LINGS) proposed an amendment to the 5, United States Code, or another retirement ‘‘(A) the Los Alamos National Laboratory, bill (S. 1217) making appropriations for system for employees of the Government. Los Alamos, New Mexico; the Departments of Commerce, Justice, (C) an employee who has been duly notified ‘‘(B) the Lawrence Livermore National and State, the Judiciary, and related that he or she is to be involuntarily sepa- Laboratory, Livermore, California; and agencies for the fiscal year ending Sep- rated for misconduct or unacceptable per- ‘‘(C) the Sandia National Laboratories, Al- tember 30, 2000, and for other purposes; formance. buquerque, New Mexico, and Livermore, as follows: (D) an employee who has previously re- California. ceived any voluntary separation incentive On page 6, line 14, strike ‘‘any other provi- ‘‘(u) The Agency for Nuclear Stewardship payment from the Federal Government sion of law’’ and insert ‘‘31 U.S.C. 3302 (b)’’. shall comply with all applicable environ- under this section or any other authority; On page 6, line 18, strike ‘‘(15 U.S.C. 18(a))’’ mental, safety, and health statutes and sub- (E) an employee covered by statutory re- and insert ‘‘(15 U.S.C. 18a)’’ stantive requirements. The Under Secretary employment rights who is on transfer to an- On page 25, line 23, insert after ‘‘(106 Stat. for Nuclear Stewardship shall develop proce- other organization; or dures for meeting such requirements. Noth- 3524)’’, ‘‘of which $5,000,000 shall be available (F) any employee who, during the twenty- ing in this section shall diminish the author- to the National Institute of Justice for a na- four month period preceding the date of sep- ity of the Secretary to ascertain and ensure tional evaluation of the Byrne program,’’. aration, has received a recruitment or relo- that such compliance occurs. On page 30, line 17, strike after ‘‘1999’’; ‘‘of cation bonus under section 5753 of title 5, ‘‘(v) The Secretary shall be responsible for which $12,000,000 shall be available for the Of- United States Code, or who, within the developing and promulgating Departmental fice of Justice Programs’ Global Information twelve month period preceding the date of security, counterintelligence and intel- Integration Initiative;’’. separation, received a retention allowance ligence policies, and may use his immediate On page 50, line 6, insert before the period: under section 5754 of that title. staff to assist him in developing and promul- ‘‘to be made available until expended’’. gating such policies. The Under Secretary On page 73, between lines 12 and 13, insert (3) The term ‘‘Chairman’’ means the Chair- for Nuclear Stewardship is responsible for the following: man of the Federal Communications Com- mission. implementation of all security, counterintel- ‘‘SEC. 306. Section 604(a)(5) of title 28, ligence and intelligence policies within the United States Code, is amended by adding (b) AGENCY PLAN.— Agency for Nuclear Stewardship. The Under before the semicolon at the end thereof the (1) IN GENERAL.—The Chairman, prior to Secretary for Nuclear Stewardship may es- following: ‘, and, notwithstanding any other obligating any resources for voluntary sepa- tablish agency-specific policies unless dis- provision of law, pay on behalf of justices ration incentive payments, shall submit to approved by the Secretary. and judges of the United States appointed to the Office of Management and Budget a stra- ‘‘(w) In addition to any personnel occu- hold office during good behavior, aged 65 or tegic plan outlining the intended use of such pying senior-level positions in the Depart- over, any increases in the cost of Federal incentive payments and a proposed organiza- ment on the date of enactment of this sec- Employees’ Group Life Insurance imposed tion chart for the agency once such incentive tion, there shall be within the Agency not after April 24, 1999, including any expenses payments have been completed. more than 25 additional employees in senior- generated by such payments, as authorized (2) CONTENTS.—The agency’s plan shall in- level positions, as defined by title 5, U.S.C. by the Judicial Conference of the United clude— who shall be employed by the Agency for Nu- States.’ ’’. (A) the positions and functions to be re- clear Stewardship and who shall perform On page 75, line 15, insert the following duced, eliminated, and increased, as appro- such functions as the Under Secretary for after ‘‘period’’: ‘‘, unless the Secretary of priate, identified by organizational unit, ge- N.S. shall prescribe from time to time.’’. State determines that a detail for a period ographic location, occupational category and (d) Within 180 days of the date of enact- more than a total of 2 years during any 5 grade level; ment of this Act, the Secretary shall report year period would further the interests of (B) the time period during which incen- to the Senate and the House of Representa- the Department of State’’. tives may be paid; tives on the adequacy of the Department’s On page 75, line 21, insert the following (C) the number and amounts of voluntary procedures and policies for protecting na- after ‘‘detail’’: ‘‘, unless the Secretary of separation incentives to be offered; and

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8969 (D) a description of how the agency will op- United States Postal service, or the Postal SEC. 310002. DISCRETIONARY LIMITS. erate without the eliminated positions and Rate Commission, the Director of the Office For the purposes of allocations made for functions and with any increased or changed of Personnel Management may, at the re- the discretionary category pursuant to sec- occupational skill mix. quest of the head of the agency, waive the re- tion 302(a) of the Congressional Budget Act (3) CONSULTATION.—The Director of the Of- payment if the individual involved possesses of 1974 (2 U.S.C. 633(a)), the term ‘‘discre- fice of Management and Budget shall review unique abilities and is the only qualified ap- tionary spending limit’’ means— the agency’s plan and may make appropriate plicant available for the position. (1) with respect to fiscal year 2001— recommendations for the plan with respect (3) If the employment under paragraph (1) (A) for the discretionary category, to the coverage of incentives as described is with an entity in the legislative branch, amounts of budget authority and outlays under paragraph (2)(A), and with respect to the head of the entity or the appointing offi- necessary to adjust the discretionary spend- the matters described in paragraph (2)(B)– cial may waive the repayment if the indi- ing limits to reflect the changes in subpara- (C). vidual involved possesses unique abilities graph (B) as determined by the Chairman of (c) AUTHORITY TO PROVIDE VOLUNTARY SEP- and is the only qualified applicant available the Budget Committee; and ARATION INCENTIVE PAYMENTS— for the position. (B) for the violent crime reduction cat- (1) IN GENERAL.—A voluntary separation (4) If the employment under paragraph (1) egory: $6,025,000,000 in new budget authority incentive payment under this section may be is with the judicial branch, the Director of and $5,718,000,000 in outlays; paid by the Chairman to any employee only the Administrative Office of the United (2) with respect to fiscal year 2002— to the extent necessary to eliminate the po- States Courts may waive the repayment if (A) for the discretionary category, sitions and functions identified by the stra- the individual involved possesses unique amounts of budget authority and outlays tegic plan. abilities and is the only qualified applicant necessary to adjust the discretionary spend- (2) AMOUNT AND TREATMENT OF PAYMENTS.— for this position. ing limits to reflect the changes in subpara- A voluntary incentive payment— (f) INTENDED EFFECT ON AGENCY EMPLOY- graph (B) as determined by the Chairman of (A) shall be paid in a lump sum, after the MENT LEVELS.— the Budget Committee; and employee’s separation (1) IN GENERAL.—Voluntary separations (B) for the violent crime reduction cat- (B) shall be equal to the lesser of— under this section are not intended to nec- egory: $6,169,000,000 in new budget authority (i) an amount equal to the amount the em- essarily reduce the total number of full-time and $6,020,000,000 in outlays; and ployee would be entitled to receive under equivalent positions in the Federal Commu- (3) with respect to fiscal year 2003— section 5595(c) of title 5, United States Code nications Commission. The agency may rede- (A) for the discretionary category, (without adjustment for any previous pay- ploy or use the full-time equivalent positions amounts of budget authority and outlays ments made) or vacated by voluntary separations under this necessary to adjust the discretionary spend- (ii) an amount determined by the Chair- section to make other positions available to ing limits to reflect the changes in subpara- man, not to exceed $25,000; more critical locations or more critical occu- graph (B) as determined by the Chairman of (C) may not be made except in the case of pations. the Budget Committee; and any qualifying employee who voluntarily (2) ENFORCEMENT.—The president, through (B) for the violent crime reduction cat- separates (whether by retirement or resigna- the office of Management and Budget, shall egory: $6,316,000,000 in new budget authority tion) under the provision of this section by monitor the agency and take any action nec- and $6,161,000,000 in outlays; not later than September 30, 2001; essary to ensure that the requirements of (4) with respect to fiscal year 2004— (D) shall not be a basis for payment, and this subsection are met. (A) for the discretionary category, shall not be included in the computation, of (g) REGULATIONS.—The Office of Personnel amounts of budget authority and outlays any other type of Government benefit; and Management may prescribe such regulations necessary to adjust the discretionary spend- (E) shall not be taken into account in de- as may be necessary to implement this sec- ing limits to reflect the changes in subpara- termining the amount of any severance pay tion. graph (B) as determined by the Chairman of to which the employee may be entitled under (h) EFFECTIVE DATE.—This section shall the Budget Committee; and section 5595 of title 5, United States Code, take effect on the date of enactment. (De- (B) for the violent crime reduction cat- based on any other separation. partments of Commerce, Justice, and State, egory: $6,458,000,000 in new budget authority (d) ADDITIONAL AGENCY CONTRIBUTIONS TO the Judiciary and Related Agencies of Ap- and $6,303,000,000 in outlays; and THE RETIREMENT FUND.— propriations Act, 1999, as included in Public (5) with respect to fiscal year 2005— (1) IN GENERAL.—in addition to any other Law 105–277, section 101(b)).’’. payments which it is required to make under (A) for the discretionary category, At the end of title VI, insert the following: amounts of budget authority and outlays subchapter III of chapter 83 or chapter 84 of ‘‘SEC. 621. The Secretary of Commerce necessary to adjust the discretionary spend- title 5, United States Code, the agency shall (hereinafter the ‘‘Secretary’’) is hereby au- ing limits to reflect the changes in subpara- remit to the Office of Personnel Management thorized and directed to create an ‘‘Inter- graph (B) as determined by the Chairman of for deposit in the Treasury of the United agency Task Force on Indian Arts and Crafts the Budget Committee; and States to the credit of the Civil Service Re- Enforcement’’ to be composed of representa- (B) for the violent crime reduction cat- tirement and Disability Fund an amount tives of the U.S. Trade Representative, the egory: $6,616,000 in new budget authority and equal to 15 percent of the final base pay of Department of Commerce, the Department $6,452,000,000 in outlays: each employee of the agency who is covered of Interior, the Department of Justice, the under subchapter III of chapter 83 or chapter Department of Treasury, the International as adjusted in accordance with section 251(b) 84 of title 5, United States Code, to whom a Trade Administration, and representatives of of the Balanced Budget and Emergency Def- voluntary separation incentive has been paid other agencies and departments in the dis- icit Control Act of 1985 (2 U.S.C. 901(b)) and under this Act. cretion of the Secretary to devise and imple- section 314 of the Congressional Budget Act (2) DEFINITION.—for the purpose of para- ment a coordinated enforcement response to of 1974.’. graph (1), the term ‘‘final basic pay,’’ with prevent the sale or distribution of any prod- f respect to an employee, means the total uct or goods sold in or shipped to the United amount of basic pay which would be payable States that is not in compliance with the In- NOTICE OF HEARING for a year of service by such employee, com- dian Arts and Crafts Act of 1935, as amend- Mr. SMITH of Oregon. Mr. President, puted using the employee’s final rate of basic ed.’’. pay, and, if last serving on other than a full- I would like to announce for the infor- mation of the Senate and the public time basis, with appropriate adjustment GREGG AMENDMENT NO. 1272 therefor. that S. 1377, To amend the Central (e) EFFECT OF SUBSEQUENT EMPLOYMENT Mr. GREGG proposed an amendment Utah Project Completion Act regarding WITH THE GOVERNMENT.— to the bill, S. 1217, supra; as follows: the use of funds for water development (1) An individual who has received a vol- At the end of title I, insert the following: for the Bonneville Unit, and for other untary separation incentive payment from (a) IN GENERAL.—Section 310001(b) of the purposes, S. 986, To direct the Sec- the agency under this section and accepts violent Crime Control and Law Enforcement any employment for compensation with the retary of the Interior to convey the Act of 1994 (42 U.S.C. 14211) is amended by Griffith Project to the Southern Ne- Government of the United States, or who striking paragraphs (1) through (5) and in- works for any agency of the United States serting the following: vada Water Authority, have been added Government through a personal services con- (1) for fiscal year 2001, $6,025,000,000; to the agenda of the hearing that is tract, within 5 years after the date of the (2) for fiscal year 2002, $6,169,000,000; scheduled for Wednesday, July 28, 1999 separation on which the payment is based (3) for fiscal year 2003, $6,316,000,000; at 2:30 p.m. in room SD–366 of the Dirk- shall be required to pay, prior to the individ- (4) for fiscal year 2004, $6,458,000,000; and sen Senate Office Building in Wash- ual’s first day of employment, the entire (5) for fiscal year 2005, $6,616,000,000. ington, DC. amount of the lump sum incentive payment (b) DISCRETIONARY LIMITS.—Title XXXI of to the agency. the Violent Crime Control and Law Enforce- Because of the limited time available (2) If the employment under paragraph (1) ment Act of 1994 (42 U.S.C. 14211 et seq.) is for the hearing, witnesses may testify is with an Executive agency (as defined by amended by inserting after section 310001 the by invitation only. However, those section 105 of title 5, United States Code),the following: wishing to submit written testimony

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8970 CONGRESSIONAL RECORD — SENATE July 21, 1999 for the hearing record should send two The PRESIDING OFFICER. Without the science of habitat conservation copies of their testimony to the Sub- objection, it is so ordered. plans. committee on Water and Power, Com- COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without mittee on Energy and Natural Re- Mr. SHELBY. Mr. President, I ask objection, it is so ordered. sources, United States Senate, 364 unanimous consent that the Com- SUBCOMMITTEE ON FOREST AND PUBLIC LAND Dirksen Senate Office Building, Wash- mittee on Foreign Relations be author- MANAGEMENT ington, DC 20510–6150. ized to meet during the session of the Mr. SHELBY. Mr. President, I ask For further information, please call Senate on Wednesday, July 21, 1999 at unanimous consent that the Sub- Kristin Phillips, Staff Assistant, or 4:30 p.m. to hold a hearing. committee on Forests & Public Land Colleen Deegan, Counsel, at (202) 224– The PRESIDING OFFICER. Without Management of the Committee on En- 8115. objection, it is so ordered. ergy and Natural Resources be granted f COMMITTEE ON GOVERNMENT AFFAIRS permission to meet during the session of the Senate on Wednesday, July 21, AUTHORITY FOR COMMITTEES TO Mr. SHELBY. Mr. President, I ask for purposes of conducting a sub- MEET unanimous consent that the Govern- mental Affairs Committee Sub- committee hearing which is scheduled COMMITTEE ON AGRICULTURE, NUTRITION, AND committee on International Security, to begin at 2:00 p.m. The purpose of FORESTRY Proliferation, and Federal Services be this hearing is to receive testimony on Mr. DOMENICI. Mr. President, I ask permitted to meet on Wednesday, July S. 1184, a bill to authorize the Sec- unanimous consent that the committee 21, 1999, at 2:00 p.m. for a hearing to ex- retary to dispose of land for recreation on Agriculture, Nutrition, and For- amine whether the Russian commercial or other public purposes; S. 1129, a bill estry, be allowed to meet during the space launch quota has achieved it pur- to facilitate the acquisition of session of the Senate on Wednesday pose. inholdings in Federal land manage- July 21, 1999. The purpose of this meet- The PRESIDING OFFICER. Without ment units and the disposal of surplus ing will be to consider the committee objection, it is so ordered. public land, and for other purposes; and budget resolution and to possibily con- COMMITTEE ON INDIAN AFFAIRS H.R. 150, a bill to amend the Act popu- sider the nomination of William Rainer Mr. SHELBY. Mr. President, I ask larly known as the Recreation and for Commissioner and Chairman of the unanimous consent that the Senate Public Purposes Act to authorize dis- Commodity Futures Trading Commis- Committee on Indian Affairs be author- posal of certain public lands or na- sion. ized to meet during the session of the tional forest lands to local education The PRESIDING OFFICER. Without Senate on Wednesday, July 21, 1999 at agencies for use for elementary or sec- objection, it is so ordered. 9:30 a.m. to conduct a hearing on S. 985, ondary schools, including public char- COMMITTEE ON AGRICULTURE, NUTRITION, AND the Intergovernmental Gaming Agree- ter schools, and for other purposes. FORESTRY ment Act of 1999. The hearing will be The PRESIDING OFFICER. Without Mr. SHELBY. Mr. President, I ask held in room 106, Dirksen Senate Office objection, it is so ordered. unanimous consent that the Com- Building. f mittee on Agriculture, Nutrition, and The PRESIDING OFFICER. Without ADDITIONAL STATEMENTS Forestry, be allowed to meet during objection, it is so ordered. the session of the Senate on Wednes- COMMITTEE ON THE JUDICIARY day, July 21, 1999. The purpose of this Mr. SHELBY. Mr. President, I ask INTERNATIONAL MUSEUM OF meeting will be to consider the nomi- unanimous consent that the Com- WOMEN nation of William Rainer to become mittee on the Judiciary be authorized ∑ Chairman of the Commodity Futures Mrs. FEINSTEIN. Mr. President, to meet for a hearing re Oversight of Trading Commission and to conduct today I want to call my colleagues at- Federal Asset Forfeiture: Its Role in and oversight review of the Farmland tention to a new effort in California, Fighting Crime, during the session of Protection Program. the International Museum of Women. the Senate on Wednesday, July 21, 1999, The PRESIDING OFFICER. Without Elizabeth Colton, the president of the at 2:00 p.m., in SD628. objection, it is so ordered. Board of Directors of the International The PRESIDING OFFICER. Without Museum of Women is building broad COMMITTEE ON ARMED SERVICES objection, it is so ordered. support among community leaders and Mr. SHELBY. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE public officials. The museum will be unanimous consent that the Com- Mr. SHELBY. Mr. President, I ask built in San Francisco, since this city mittee on Armed Services be author- unanimous consent that the Select has roots which reach virtually every ized to meet at 9:30 a.m. on Wednesday, Committee on Intelligence be author- corner of the globe. The museum will July 21, 1999, in open session, to con- ized to meet during the session of the start construction in 2003, and the total sider the nominations of F. Whitten Senate on Wednesday, July 21, 1999 at cost of the museum is $50 million. Peters to be Secretary of the Air 2:00 p.m. to hold a closed hearing on in- Women have made important con- Force; and Arthur L. Money to be As- telligence matters. tributions and this museum can help us sistant Secretary of Defense for Com- The PRESIDING OFFICER. Without to better explore the role of women in mand, Control, Communications and objection, it is so ordered. history. This museum will seek to not Intelligence. SUBCOMMITTEE ON EAST ASIAN AND PACIFIC simply bring recognition to women and The PRESIDING OFFICER. Without AFFAIRS their contributions, but it will re-ex- objection, it is so ordered. Mr. SHELBY. Mr. President, I ask amine history to more accurately in- COMMITTEE ON FINANCE unanimous consent that the Sub- corporate the effects and implications Mr. DOMENICI. Mr. President, I ask committee on East Asian and Pacific of women’s actions and ideas. The mu- unanimous consent that the Com- Affairs be authorized to meet during seum’s educational programs can play mittee on Finance be permitted to the session of the Senate on Wednes- a significant role in shaping how soci- meet Wednesday July 21, 1999 begin- day, July 21, 1999 at 10:00 a.m. to hold ety views women and girls. ning at 10:00 a.m. in room SD–106, to a hearing. In addition, International Museum of conduct a markup. The PRESIDING OFFICER. Without Women can provide role models for The PRESIDING OFFICER. Without objection, it is so ordered. women and girls, furnish a new context objection, it is so ordered. SUBCOMMITTEE ON FISHERIES, WILDLIFE, AND for historical interpretations, and por- COMMITTEE ON FOREIGN RELATIONS DRINKING WATER tray the importance and existence of Mr. SHELBY. Mr. President, I ask Mr. SHELBY. Mr. President, I ask the historic, ongoing fight for equal unanimous consent that the Com- unanimous consent that the Sub- rights. This museum can open the mittee on Foreign Relations be author- committee on Fisheries, Wildlife, and doors to endless possibilities and limit- ized to meet during the session of the Drinking Water be granted permission less opportunities for females. Senate on Wednesday, July 21, 1999 at to conduct a hearing Wednesday, July I call on my colleagues to join me in 3:30 p.m. to hold a hearing. 21, 9:30 a.m., Hearing Room (SD–406), on saluting the International Museum of

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8971 Women, as one way to eradicate in- Christ, and other saints were brought delegation away and told them that once equality and open doors to oppor- in from all the villages for this proces- they prepared a place of worship, a priest tunity.∑ sion. would be sent. On July 4, 1699, Mission San Jose was founded along with the recognition f A new niche about four feet high and a couple of feet deep for a shrine to St. by the Spanish Government that Laguna Pueblo was a legitimate possession. The 300TH ANNIVERSARY OF THE Joseph was carved out of the sandstone MISSION SAN JOSE DE LA LAGUNA original document attesting to this shift between the church and the San Jose states that Laguna ‘‘swore its vassalage and Mr. DOMENICI. Mr. President, Our River. The niche was hand chiseled by obedience,’’ to Spain. Independence Day, July 4th is also a the Siow brothers of Laguna Pueblo, Throughout the years the church has been significant day at the Laguna Pueblo Gaylord, Virgil, and Delbert. A stone a beacon, although its path has not always in New Mexico. On July 4, 1699, sev- carving of St. Joseph holding baby been a straight one. The Indians continued enty-seven years before the famous Jesus was placed in the shrine. The their traditional ceremonies even after American Independence day, the Span- Christianization. From time-to-time, this statue was made by Robert Dale practice gathered ire from those non-Indians ish Governor of the New Mexico Terri- Tsosie. intent on making Lagunas single-minded in tory sanctioned the ground-breaking This new shrine to St. Joseph was their worship. It is documented that during for the Mission San Jose de la Laguna. dedicated and blessed with water from the mid-1800s most Lagunas attended church Laguna Pueblo has six villages—La- the Rio San Jose. This river water was out of fear rather than desire. During Mexi- guna, Mesita, Paguate, Encinal, also used to bless the personal and vil- can rule, prior to 1848, part of the church’s Paraje, and Seama. The Mission San lage saints that were carried to the convent fell into ruins, and another part of Jose is the Mother Church for all the river by about two hundred partici- the church was used as a kiva, where sacred ceremonies were prepared for. villages. To celebrate this important pants. Governor Harry Early led the In spite of the changes that occur with milestone, a feast day was declared for procession as he carried a statue of St. time, the care the church receives remains the Laguna Pueblo. Events started Joseph down to the river and then back constant. In August of 1998 a meeting, of the with a fund raising dinner on Friday, up the hill to the Mission San Jose. A San Jose 300th Anniversary Committee and July 2. On Saturday, July 3, traditional blessing ceremony for the saints, the the elder women, highlighted plans of replas- dances were held at the main plaza and mission, and the Pueblo was held at tering the floor. Lifetime resident, Julia a beautiful fireworks display and com- the river on Saturday, July 3, 1999. Herrera, who has plastered since she was a munity dance closed the first full day In preparation for this 300th anniver- girl, stressed the importance of youth in- volvement. of celebration. sary celebration, many traditional Father Antonio Trujillo, committee chair- On Sunday, July 4, at 8 o’clock in the practices like gardening, belt weaving, man, widely announced plans for the 2-week- morning, an open air mass was cele- drum making, and pottery making long project. No fewer than 30 people per brated by Bishop Donald Pelotte of the were undertaken with special pride by day, including teenagers, arrived daily to Archdiocese of Gallup. Laguna Pueblo young and old alike. give their share of toil. The job included re- drummers and singers in traditional I am pleased to be able to share this moving five inches of old floor, hauling dirt, dress participated in the mass. Pottery special event with my colleagues who cutting straw, and mixing mud using a wood- vessels by Laguna artists were made will be intrigued by the added signifi- en block like a mano. The entire 2300 square feet were plastered on hands and knees. for the Eucharist. cance of the 4th of July to the Laguna ‘‘This is good,’’ Julia says approvingly, ‘‘ if Special guests included former U.S. Pueblo of New Mexico and to Ameri- the kids don’t learn how, who’ll take care of Interior Secretary Manuel Lujan, the cans in general. the church when we’re gone?″ Blessed Sacrament Sisters, Sisters of Mr. President, an article by Debra The people plan to completely resurface St. Agnes, and Sisters of the Immacu- Haaland Toya further explains the sig- the outside of the church in the near future. late Conception. Father Antonio Tru- nificance of this important anniversary During the mid-sixties, in an effort to pro- jillo of the San Jose Mission was a key to Laguna Pueblo. This article was tect the church, a cement coating instead of published in the June, 1999, edition of plaster was applied. Over the years, the ce- participant in the mass. He spoke of ment has cracked, allowing water to enter the importance of continuing to em- New Mexico Magazine. Debra is an en- but not escape. Upon inspection, Cornerstone brace two religious traditions in mu- rolled member of Laguna Pueblo and a Foundation, an organization that helps com- tual respect. member of the San Jose 300th Anniver- munities rebuild traditional structures, dis- Gratitude to all who organized this sary Committee. I ask that her article covered that the water caused enormous very special Independence Day event be printed in the CONGRESSIONAL damage to the large rocks at the base of the for Laguna Pueblo was generously RECORD. walls, particularly on the north side. given. Laguna Pueblo Governor Harry The article follows: To undertake this project the people will have to carve away the current coating using MISSION SAN JOSE DE LA LAGUNA Early and the Pueblo Council were special saws, chisels, and hammers. The dis- present and active throughout the ac- (By Debra Haaland Toya) integrated rocks will be replaced and the 30- tivities. Special guests were intro- The splendor of the San Jose Mission at foot-high-walls will be replastered. Upon sur- duced. the Village of Old Laguna goes much deeper veying the damage, Julia looks up and re- Traditional Indian dances such as the than its three-century-old altar, dominated calls a time when her relatives hoisted her Hunter’s Dance and the Eagle Dance by hand-carved pine columns. A magnificent up with a pulley, and a rope tied around her were held throughout the day on the wooden altar screen, originally painted by a waist, in order to cover the highest portion man known only as The Laguna Santero, de- same plaza where the mass was cele- of the walls. ‘‘Not anymore, I’m too old picts the guardians of the village. Brilliant now,’’ she remarks. brated. red and green dominates the floor to ceiling In years past, plastering would occur prior The formal mass of the Mission San adornment and prominently attests to the to feast days and neighboring tribal mem- Jose and the Laguna Pueblo tradi- unification of traditional Native and Catho- bers would offer help. During the work, they tional dances emphasized the beauty in lic Religions. This July 4th, Laguna’s coex- were given room and board in village homes which these two cultures have over- istence with the Catholic Church will enter and feasted when the work was done. This come past difficulties and now flourish its 300th year. forthcoming project will be undertaken by in grace and common respect. As Fa- Built of sandstone, San Jose Mission sits the community alone, with no professional on the highest rise in the village, watching ther Mark Joseph noted, we are re- help, and this time Julia will be on the over its caretakers. The church is revered for ground supervising. minded today to ‘‘take care of your its magnificent art and architecture, and for The committee planned a number of cul- family as St. Joseph took care of his its spiritual contributions. Laguna’s church tural events leading up to July 4th when a family.’’ The Catholic Church and the was built after the Pueblo Revolt of 1680; traditional feast day will take place. Laguna Pueblo families have clearly therefore, enjoyed a peaceful existence. It Through the years, and due to increased out- taken this message to heart. missed the fire and destruction exerted by side influences, such as 30 years of uranium A Spirit Garden was organized and other peoples, onto their churches, as a re- mining, off-reservation employment, and the planted to honor all those who farmed sult of opposition to religious suppression. affects of technology, some cultural activi- Before the mission was built, a delegation these arid lands over the past cen- ties have not been as strongly exercised as of Lagunas traveled the dusty roads, by foot others. turies. A procession to the Rio San and with horses, to Santa Fe during the late- In December 1998, committee member, Ann Jose was held on Saturday afternoon. 1600s, to ask Governor Pedro Rodriguez Ray, organized a day which focused on the Statues of St. Joseph, St. Mary, Jesus Cubero for a priest. The Governor sent the almost forgotten practice of making of clay

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8972 CONGRESSIONAL RECORD — SENATE July 21, 1999 figurines. It was common at Christmas time electricity was available to Laguna house- rounding area. In fact, he has recently to send children below the village to get clay holds in the late 60s, the absence of tele- completed the redecoration of the Uni- from the San Jose River. The family would vision, radio, and video games was filled by versity of Alabama President’s Man- sit near the wood stove, while a kerosene the elders telling stories or singing songs. sion at his own expense. Perhaps al- lamp cast shadows of working hands or the My grandmother was our primary story-tell- grandfather beating a steady drum, and sing- er, once my grandfather died in 1968, and to most as importantly, Jack followed ing. The family shaped moist earth into ani- this day, her knowledge of the past holds our through with the renovation to the last mals, houses, vegetables, or other forms, de- family together. small detail, going so far as to choose pending upon the wishes of the individuals. The public is welcome to visit Laguna and the drapery as well as replacing a Domesticated animals were often popular, as the San Jose Mission on most days. Tours of smaller chandelier with an immense Lagunas have raised cattle and sheep since the Spirit Garden, San Jose Shrine, and the late 18th century Waterford crystal the seventeenth century. Shapes of corn and church are conducted daily, and more fre- chandelier. Again, this typifies the melons also defined many people’s wishes for quently as the 300th celebration nears. A tra- ditional feast day will be held on July 4th, man which has been so integral to the rainfall and successful crops the following Tuscaloosa community, not only pro- year. with mass in the plaza at 8 AM, arts and The people would take the figures to the crafts, and all-day dancing. viding the money for the project, but church altar on Christmas eve and leave Upon approaching the carved doors of the following through and making sure ev- them for four days. Upon their return home, church, a well-preserved image of the Fran- erything turned out right. His commit- the clay cows were, perhaps, buried in the ciscan Seal, with the crossed arms of Jesus ment to Tuscaloosa and the State of corral, and the corn was laid deep in the and St. Francis will tell you that the struc- Alabama is greatly appreciated.∑ field. The symbol of one’s wish for the time ture was built by the Franciscans. When en- f and endurance to build a home for a loved tering the church, the elaborate decoration one might be buried in a vacant plot of land. will tell you that a people’s wish to embrace NATIONAL YOUTH SCIENCE This past Christmas the altar was graced by their God in a Christian way, yet maintain FOUNDATION their respect and worship of nature is unwav- figurines, which had not been present for ∑ years. Clay figures in 1998 included symbols ering. Pax et bonum—Peace and all good. Mrs. HUTCHISON. Mr. President, I for good grades in school, money for college, f rise today to recognize the National computers, and wishes for athletic ability, in Youth Science Foundation and the 99 the forms of basketballs and footballs. TRIBUTE TO JACK WARNER outstanding high school students who A ceremony to bless the saints with water ∑ Mr. SHELBY. Mr. President, I rise have been chosen to represent their will also be reintroduced on the evening of today to pay tribute to Mr. Jack War- states in the sciences. The National July 3rd. When the original saint statues ner, a pillar of the Tuscaloosa business Youth Science Foundation honors and came to Laguna, they were taken to the community and a man of deep passion encourages excellence in science edu- river and dipped in the rushing waters to ob- cation. Since its inception in 1963, the tain the earth’s blessings, before they were both in his business and personal pur- placed in the church. The saints were also suits. The former Chairman and CEO of National Youth Science Camp has believed to hold power. One story tells of a Gulf States Paper Corporation, I would brought together thousands of out- severe drought in the earlier part of this cen- like to recognize him for the work that standing high school students who tury, wherein the people prayed for rain to he and his wife, Elizabeth, have con- excel in the sciences. I want to con- no avail. The spiritual leaders of the time tributed to Tuscaloosa in the form of gratulate the two students chosen from entreated the priest to take the saints back time, expertise and money to many my state for this high honor, Melissa to the river and dip them in the water as the local causes. Corley from Dallas and Jason Simon ancestors had done in 1699. The drought The pragmatic approach that he has from Highland Village. These students passed, and the people’s faith continued brought to his life combines old-fash- are selected from the program through strong. This year, the people will be encour- aged to bring their saints from home, and a ioned common sense with a flexible a competitive process in each state blessing will take place near the shrine, philosophy. This philosophy has that stresses scholastic excellence, sci- which was recently erected in honor of San evolved over time, through two world entific curiosity, and leadership in Jose and the 300th Anniversary. wars, numerous labor strikes, and their schools and communities. These In times past, the San Jose river was also tough financial circumstances. students will participate in a four-week the location on which Lagunas planted their Through it all, Jack Warner has re- summer forum where delegates ex- irrigated fields of corn, beans, and squash. mained steadfast in his beliefs and a change ideas with leading scientists Today an irrigation system runs the length pioneer from which others might draw and other professionals from academic of the pueblo and people can successfully plant and harvest miles from the river. Al- inspiration. He has made tough busi- and corporate worlds. Lectures and though this system is in place, with the men ness decisions throughout the years, hands-on research projects are pre- and boys cleaning the ditches seasonally, and through it all kept Gulf States sented by scientists from across the na- many fields lay dormant. One main reason Paper privately owned, when so many tion who work on some of the most for this absence of agriculture is the 30-year other companies have gone public. His provocative topics in science today— interruption of the Jackpile Mines near the gritty determination has led to finan- topics such as fractal geometry, the village of Paguate. With the mine’s begin- cial success, which has helped him to human genome project, global climate ning in 1953, Laguna eventually relied pri- pursue his personal interests and also change, the history of the universe, the marily on money, rather than bartering, as allowed him to give back to the Tusca- fate of our rain forests, and robotics. they had for centuries. The 300th Anniversary Committee wished loosa community. Delegates to the Science Camp are to bring back an interest in the ancient art Jack Warner truly represents an era challenged to explore new areas in the of farming by planting The Spirit Garden, when a man presented his best effort to biological and physical sciences, arts, also near the river. Attention to our role as any obstacle in his path. As an officer and music with resident staff members. agriculturists has had positive effects, and a in the Army’s last horse-mounted unit, This week my constituent Bill new interest in farming will, hopefully, per- his cavalry unit was sent to India to Conner, of Nortel Networks, and an sist. As a girl, I used to go with my grand- pack supplies along the Burma trail alumnus of the National Youth Science father to his field below the village of during World War II. Once there, his program, will speak at a luncheon in Mesita, where we would hoe weeds, pick unit was issued mules instead of the Senate honoring this year’s Na- worms off corn, and sit in the shade of his peach trees eating the sweet fruit on hot, horses, which would be enough to take tional Youth Science Camp partici- breezeless days. I was especially proud at the wind out of any proud soldier’s pants. Bill Conner is an excellent role taking the fruits of our harvest home for my sails. Jack Warner persevered however, model for the young scientists who will grandmother to cook. In planting the Spirit and his regiment ended up making a be honored this week. Garden, this appreciation for the land will significant contribution to the War ef- The National Youth Science Founda- have the opportunity to grow strong again. fort when a traditional cavalry unit tion, Nortel Networks and Bill Conner The love of agriculture, the people’s coex- would have had little to offer. This have like-minded visions. America has istence with the church, and other events story encapsulates the life of Jack much to lose if we do not nurture crucial to our purpose on this earth are present in those who are gifted with the abil- Warner, demonstrating persistence young scientists and engineers who ity to recall the stories of our ancestors. A through adversity, and a humble focus have the skills, vision and enthusiasm project to document an oral history of La- to get the job done right. to lead us into the twenty-first cen- guna has also been set in motion in a prin- Jack Warner has made a tremendous tury. It gives me great pleasure to rec- cipal effort to teach our young people. Before impact on Tuscaloosa and the sur- ognize the National Youth Science

VerDate Mar 15 2010 22:08 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S21JY9.REC S21JY9 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 21, 1999 CONGRESSIONAL RECORD — SENATE S8973 Foundation and thank all those who ator VOINOVICH, 10 minutes; Senator IN THE NAVY support America’s educational sys- DURBIN, or his designee, 30 minutes. THE FOLLOWING NAMED OFFICERS FOR TEMPORARY tem.∑ The PRESIDING OFFICER. Without APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION f objection, it is so ordered. 5721: Mr. GREGG. Mr. President, I further To be Lieutenant commander DESIGNATING MEMORIAL DOOR ask unanimous consent that following SCOTT R. BARRY, 0000 Mr. GREGG. Mr. President, I ask morning business, the Senate resume TIMOTHY A. DERNBACH, 0000 unanimous consent that the Senate consideration of S. 1217, the Commerce- ROBERT C. JAGUSCH, 0000 PAUL W. MARQUIS, 0000 proceed to the immediate consider- Justice-State appropriations bill. STEVEN D. NORTON, 0000 ation of H. Con. Res. 158, which is at The PRESIDING OFFICER. Without RICHARD D. RADICE, 0000 RICHARD C. RIGGS, 0000 the desk. objection, it is so ordered. JAMES B. RYAN, 0000 The PRESIDING OFFICER. The CHARLES L. TAYLOR, 0000 f clerk will report. FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADES INDICATED The legislative assistant read as fol- PROGRAM UNDER TITLE 10, U.S.C., SECTION 624: lows: Mr. GREGG. Mr. President, for the To be captain A concurrent resolution (H. Con. Res. 158) information of all Senators, the Senate LLOYD B.J.CALLIS, 0000 designating the Document Door of the will convene at 9:30 a.m. and will be in EDMOND C. CAVINESS II 0000 United States Capitol as the ‘‘Memorial a period of morning business for 1 hour. JUAN L. CHAVEZ, 0000 Door.’’ BERNARD R. DOWNS, 0000 Following morning business, the Sen- GERALD E. HART, 0000 There being no objection, the Senate NORMAN T. HO, 0000 ate will resume debate on the Com- JAMES L. KURIGER, 0000 proceeded to consider the concurrent merce-Justice-State appropriations LAWRENCE L. MUSTO, JR., 0000 resolution. bill. Amendments to the bill will be of- To be commander Mr. GREGG. Mr. President, I ask fered, debated, and voted on through- unanimous consent that the resolution JERRY R. ANDERSON, 0000 out the day tomorrow. The majority ANNIE B. ANDREWS, 0000 be agreed to, the preamble be agreed leader announces that there will be no DORA J. T. AZMUS, 0000 to, the motion to reconsider be laid JANE A. BARCLIFT, 0000 breaks in action on the bill. Therefore, JANE E. BENTLEY, 0000 upon the table, and that any state- Senators should be prepared for votes DIANE T. BIZZELL, 0000 ments relating to the resolution be THOMAS H. BOND, JR., 0000 and adjust their schedules accordingly. LAYNE R. BOONE, 0000 printed in the RECORD. JUDITH BROCKMACK, 0000 f DIANE C. BROOKS, 0000 The PRESIDING OFFICER. Without DENISE C. CARRAWAY, 0000 objection, it is so ordered. ADJOURNMENT UNTIL 9:30 A.M. REX COBB, 0000 ROBIN L. CSUTI, 0000 The concurrent resolution (H. Con. TOMORROW SUSAN V. DENEALE, 0000 Res. 158) was agreed to. KAY L. DINOVA, 0000 The preamble was agreed to. Mr. GREGG. Mr. President, if there LISA C. DOMBROSKIE, 0000 is no further business to come before EVELYN J. DYER, 0000 f WILLIAM A. ELAM, 0000 the Senate, I now ask unanimous con- ROBERT J. GAINES, 0000 ORDERS FOR THURSDAY, JULY 22, sent that the Senate stand in adjourn- PAMELA J. GALLUP, 0000 SUZANNE R. GIESEMANN, 0000 1999 ment under the previous order. ROGER P. GUSEMAN, II 0000 There being no objection, the Senate, CAROLINE M. HILLEN, 0000 Mr. GREGG. Mr. President, I ask MILLIE M. KING, 0000 unanimous consent that when the Sen- at 6:49 p.m., adjourned until Thursday, JAMES E. KNAPP, JR., 0000 July 22, 1999, at 9:30 a.m. CAROLYN M. KRESEK, 0000 ate completes its business today, it ELIZABETH O. LAPE, 0000 stand in adjournment until the hour of f CAROL L. LARSON, 0000 DESIREE D. LINSON, 0000 9:30 a.m. on Thursday, July 22. I fur- GERRIT L. MAYER, 0000 ther ask unanimous consent that on NOMINATIONS ALICE L. RAND, 0000 THERESA M. REA, 0000 Thursday, immediately following the Executive nominations received by YOLANDA Y. REAGANS, 0000 prayer, the Journal of proceedings be the Senate July 21, 1999: TERESIA A. ROBINSON, 0000 KATHRYN G. RUSH, 0000 approved to date, the morning hour be DEPARTMENT OF STATE THEODORE V. SMITS, 0000 deemed expired, the time for the two EDITH A. SPENCER, 0000 JEFFREY A. BADER, OF FLORIDA, A CAREER MEMBER SUSAN G. TALLEY, 0000 leaders be reserved for their use later OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- KATIE P. THURMAN, 0000 in the day, and the Senate then begin a COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND ROBBIE G. TURNER, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DONNA S. VAUGHT, 0000 period for morning business until 10:30 TO THE REPUBLIC OF NAMIBIA. GREGORY VICKERS, 0000 a.m., with Senators speaking for up to DEPARTMENT OF JUSTICE CARL R. WALLSTEDT, 0000 CHRISTINA C. WARD, 0000 5 minutes each, with the following ex- JACKIE N. WILLIAMS, OF KANSAS, TO BE UNITED JACKLYN D. WEBB, 0000 ceptions: Senator COVERDELL, 10 min- STATES ATTORNEY FOR THE DISTRICT OF KANSAS FOR AILEEN E. WHITAKER, 0000 THE TERM OF FOUR YEARS VICE RANDALL K. RATHBUN, CHERYL K. WORLEIN, 0000 utes; Senator COLLINS, 10 minutes; Sen- RESIGNED. MICHELLE L. WULFF, 0000

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