H9586 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Mr. Speaker, first, this is a very potential threat to philanthropic inter- The Depot Caucus believes this work straightforward rule, one hour of de- ests, it would be difficult for the Pre- should go to the depots, regardless of bate on the conference report. I have sidio Trust to meet its self-sufficiency cost and regardless of what the Defense no problem with the rule. Secondly, I requirements without a timely and Department needs. They are protecting would like to say to my distinguished thorough cleanup of the Presidio. Se- their home turf, and I respect that, but colleague, the gentleman from Ohio curing the leases necessary to generate it is also bad policy, and this is not [Mr. KASICH] that there is a different revenues is essential to the success of what we should be supporting. It puts perspective and point of view on the trust, and can only be accom- our troops at a disadvantage. Bosnia. This obviously is not the time plished if the cleanup is timely and The Secretary of Defense and his nor the place for us to engage in sub- thorough. military commanders need the flexibil- stantive debate on that matter. I would like to yield to the gen- ity on the current law to modernize. To With the balance of the time, Mr. tleman from Colorado for his final re- do so, they need to have the ability to Speaker, I would like to, for the pur- marks. take the best and most appropriate poses of colloquy, engage the distin- Mr. HEFLEY. Mr. Speaker, I thank public or private bid. guished gentleman from Colorado [Mr. the gentleman for yielding further. Let us not tie the Pentagon’s hands HEFLEY]. Mr. Speaker, the gentleman has with a requirement on design, because, There is considerable concern, I raised very important concerns, ones at the end, it is only to protect the ex- would like to say to my distinguished which have also been voiced by the isting bases that are there now. It will colleague from Colorado, at both the Committee on Appropriations in two of be at the expense of modernization and local level and the Federal level, that its measures. We will work together to at the expense of readiness. A vote the environmental cleanup proposed by resolve these questions to ensure the against the defense authorization bill the Department of the Army for the success of the Presidio. is a vote for competition and for the fu- Presidio in San Francisco will not Mr. DELLUMS. Mr. Speaker, re- ture of our military readiness. meet the environmental health and claiming my time, I think this has Mr. Speaker, there is also evidence in safety criteria appropriate for a na- been an important colloquy. the newspapers by some individuals in- tional park. Mr. MOAKLEY. Mr. Speaker, I yield dicating that on the contracts that are The Presidio, as you know, Mr. three minutes to the gentleman from out there, ‘‘Contractors will have to in- Speaker, is the only base closure to Texas [Mr. RODRIGUEZ], a member of clude in their bids millions of dollars of convert to national park use, and it is the committee. costs that were previously required.’’ I important for the Army to meet the Mr. RODRIGUEZ. Mr. Speaker, I think this will make it unlikely that cleanup levels set by the National Park want to indicate that this is no com- the contractor will even bid. Service. promise. It is like someone stealing Mr. SOLOMON. Mr. Speaker, let me I would encourage the committee to your wallet and then offering only to interrupt this debate to yield such work with the gentlewoman from Cali- return a few dollars. The bottom line time as he may consume to the gen- fornia [Ms. PELOSI] in urging the De- is, this is not an appropriate agreement tleman from Sanibel, FL [Mr. GOSS] partment of the Army to expedite its we can deal with. chairman of the Permanent Select environmental remediation efforts at The language in this bill prevents Committee on Intelligence. fair competition for Defense Depart- the Presidio. This is a clear case where f there should be an accelerated cleanup ment maintenance work. This means that meets the requirements of the na- higher costs for U.S. taxpayers. I re- CONFERENCE REPORT ON S. 858, tional park to ensure the public health peat, the depot language in this bill INTELLIGENCE AUTHORIZATION and safety of the millions of visitors will cost the taxpayers money. ACT FOR FISCAL YEAR 1998 there. We just completed a competition for Mr. GOSS submitted the following Mr. HEFLEY. Mr. Speaker, will the work done at Kelly Air Force Base. conference report and statement on the gentleman yield? Warner–Robins Air Force Base in Geor- Senate bill (S. 858) to authorize appro- Mr. DELLUMS. I yield to the gen- gia won the contract, at a savings of priations for fiscal year 1998 for intel- tleman from Colorado. $190 million. The language in this bill ligence and intelligence-related activi- Mr. HEFLEY. Mr. Speaker, I share would prevent us from seeing such sav- ties of the United States Government, the concerns that my colleague has ings in the future. the Community Management Account, raised and will work with the commit- Without the ability to conduct a fair and the Central Intelligence Agency tee, and with him, and with the gentle- public-private competition, the Air Retirement and Disability System, and woman from California [Ms. PELOSI] to Force and Defense Department will not for other purposes: ensure an appropriate cleanup for the be able to fund the modernization pro- CONFERENCE REPORT (H. REPT. 105–350) Presidio. gram needed for our military to remain We have this problem with a number superior. Whether one thinks we should The committee of conference on the dis- agreeing votes of the two Houses on the of bases around the country, but I be spending additional money or not amendment of the House to the bill (S.858), think this one has a unique factor con- for national defense, everyone should to authorize appropriations for fiscal year nected with it. I think the gentleman agree that we should use every dollar 1998 for intelligence and intelligence-related from California [Mr. DELLUMS] has most effectively. activities of the United States Government, pointed out what that factor is, and The language in this bill is to the the Community Management Account, and that is that this is a national park. We contrary. It makes public-private com- the Central Intelligence Agency Retirement want to move forward in creating this, petition next to impossible. Supporters and Disability System, and for other pur- and, if we are going to do this, we want of the language freely and proudly poses, having met, after full and free con- admit that it will make it too expen- ference, have agreed to recommend and do it to be a good national park. We can- recommend to their respective Houses as fol- not do that without the cleanup. sive and too restrictive for the private lows: I share the gentleman’s concerns and contractors to bid on depot work at That the Senate recede from its disagree- will do everything I can to work with San Antonio and Sacramento. The ment to the amendment of the House and him and solve this problem. deck is stacked against free competi- agree to the same with an amendment as fol- Mr. DELLUMS. Mr. Speaker, re- tion and against the U.S. taxpayer and lows: claiming my time, I thank the gen- military modernization. In lieu of the matter proposed to be in- tleman for his thoughtful remarks and It should come as no surprise that serted by the House amendment, insert the response. I would just like to further the most punitive restrictions fall on following: for the record make the following com- the competition workload at the clos- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ment. ing depots in San Antonio and Sac- (a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence Authorization Act for Fiscal Significant philanthropic efforts are ramento. Private bidders must comply Year 1998’’. under way at the Presidio where size- with arcane rules not imposed on the (b) TABLE OF CONTENTS.—The table of con- able pledges have been made to the Na- public bidders, so we do not have a tents for this Act is as follows: tional Park Service. In addition to the level playing field. Sec. 1. Short title; table of contents. October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9587 TITLE I—INTELLIGENCE ACTIVITIES appropriated under section 101, and the author- that any such officer, employee, or member may Sec. 101. Authorization of appropriations. ized personnel ceilings as of September 30, 1998, be detailed on a non-reimbursable basis for a pe- Sec. 102. Classified schedule of authorizations. for the conduct of the intelligence and intel- riod of less than one year for the performance of Sec. 103. Personnel ceiling adjustments. ligence-related activities of the elements listed in temporary functions as required by the Director Sec. 104. Community Management Account. such section, are those specified in the classified of Central Intelligence. (e) NATIONAL DRUG INTELLIGENCE CENTER.— TITLE II—CENTRAL INTELLIGENCE AGEN- Schedule of Authorizations prepared to accom- (1) IN GENERAL.—Of the amount authorized to CY RETIREMENT AND DISABILITY SYS- pany the conference report on the bill S.858 of be appropriated in subsection (a), the amount of TEM the One Hundred Fifth Congress. (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF $27,000,000 shall be available for the National Sec. 201. Authorization of appropriations. AUTHORIZATIONS.—The Schedule of Authoriza- Drug Intelligence Center. Within such amount, TITLE III—GENERAL PROVISIONS tions shall be made available to the Committees funds provided for research, development, test, Sec. 301. Increase in employee compensation on Appropriations of the Senate and House of and evaluation purposes shall remain available and benefits authorized by law. Representatives and to the President. The Presi- until September 30, 1999, and funds provided for Sec. 302. Restriction on conduct of intelligence dent shall provide for suitable distribution of procurement purposes shall remain available activities. the Schedule, or of appropriate portions of the until September 30, 2000. Sec. 303. Detail of intelligence community per- Schedule, within the Executive Branch. (2) TRANSFER OF FUNDS.—The Director of sonnel. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. Central Intelligence shall transfer to the Attor- ney General of the United States funds avail- Sec. 304. Extension of application of sanctions (a) AUTHORITY FOR ADJUSTMENTS.—With the laws to intelligence activities. approval of the Director of the Office of Man- able for the National Drug Intelligence Center Sec. 305. Sense of Congress on intelligence com- agement and Budget, the Director of Central In- under paragraph (1). The Attorney General munity contracting. telligence may authorize employment of civilian shall utilize funds so transferred for the activi- Sec. 306. Sense of Congress on receipt of classi- personnel in excess of the number authorized for ties of the Center. (3) LIMITATION.—Amounts available for the fied information. fiscal year 1998 under section 102 when the Di- Center may not be used in contravention of the Sec. 307. Provision of information on certain rector of Central Intelligence determines that provisions of section 103(d)(1) of the National violent crimes abroad to victims such action is necessary to the performance of Security Act of 1947 (50 U.S.C. 403–3(d)(1)). and victims’ families. important intelligence functions, except that the (4) AUTHORITY.—Notwithstanding any other Sec. 308. Annual reports on intelligence activi- number of personnel employed in excess of the provision of law, the Attorney General shall re- ties of the People’s Republic of number authorized under such section may not, tain full authority over the operations of the China. for any element of the intelligence community, Center. Sec. 309. Standards for spelling of foreign exceed two percent of the number of civilian names and places and for use of personnel authorized under such section for TITLE II—CENTRAL INTELLIGENCE AGEN- geographic coordinates. such element. CY RETIREMENT AND DISABILITY SYS- Sec. 310. Review of studies on chemical weap- (b) NOTICE TO INTELLIGENCE COMMITTEES.— TEM ons in the Persian Gulf during the The Director of Central Intelligence shall SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Persian Gulf War. promptly notify the Permanent Select Committee There is authorized to be appropriated for the Sec. 311. Amendments to Fair Credit Reporting on Intelligence of the House of Representatives Central Intelligence Agency Retirement and Dis- Act. and the Select Committee on Intelligence of the ability Fund for fiscal year 1998 the sum of TITLE IV—CENTRAL INTELLIGENCE Senate whenever the Director exercises the au- $196,900,000. AGENCY thority granted by this section. TITLE III—GENERAL PROVISIONS Sec. 401. Multiyear leasing authority. SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- Sec. 402. Subpoena authority for the Inspector (a) AUTHORIZATION OF APPROPRIATIONS.— TION AND BENEFITS AUTHORIZED General of the Central Intel- (1) AUTHORIZATION.—There is authorized to be BY LAW. ligence Agency. appropriated for the Community Management Appropriations authorized by this Act for sal- Sec. 403. CIA central services program. Account of the Director of Central Intelligence ary, pay, retirement, and other benefits for Fed- Sec. 404. Protection of CIA facilities. for fiscal year 1998 the sum of $121,580,000. eral employees may be increased by such addi- Sec. 405. Administrative location of the Office (2) AVAILABILITY OF CERTAIN FUNDS.—Within tional or supplemental amounts as may be nec- of the Director of Central Intel- such amount, funds identified in the classified essary for increases in such compensation or ligence. Schedule of Authorizations referred to in section benefits authorized by law. TITLE V—DEPARTMENT OF DEFENSE 102(a) for the Advanced Research and Develop- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- INTELLIGENCE ACTIVITIES ment Committee and the Environmental Intel- LIGENCE ACTIVITIES. The authorization of appropriations by this Sec. 501. Authority to award academic degree of ligence and Applications Program shall remain Act shall not be deemed to constitute authority Bachelor of Science in Intel- available until September 30, 1999. (b) AUTHORIZED PERSONNEL LEVELS.—The ele- for the conduct of any intelligence activity ligence. which is not otherwise authorized by the Con- Sec. 502. Funding for infrastructure and qual- ments within the Community Management Ac- stitution or the laws of the United States. ity of life improvements at count of the Director of Central Intelligence are Menwith Hill and Bad Aibling authorized a total of 283 full-time personnel as SEC. 303. DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL. stations. of September 30, 1998. Personnel serving in such (a) IN GENERAL.—Title I of the National Secu- Sec. 503. Unauthorized use of name, initials, or elements may be permanent employees of the rity Act of 1947 (50 U.S.C. 401 et seq.) is amend- seal of National Reconnaissance Community Management Account element or ed by adding at the end the following new sec- Office. personnel detailed from other elements of the United States Government. tion: TITLE I—INTELLIGENCE ACTIVITIES (c) CLASSIFIED AUTHORIZATIONS.— ‘‘DETAIL OF INTELLIGENCE COMMUNITY PERSON- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (1) AUTHORIZATION OF APPROPRIATIONS.—In NEL—INTELLIGENCE COMMUNITY ASSIGNMENT Funds are hereby authorized to be appro- addition to amounts authorized to be appro- PROGRAM priated for fiscal year 1998 for the conduct of priated for the Community Management Ac- ‘‘SEC. 113. (a) DETAIL.—(1) Notwithstanding the intelligence and intelligence-related activi- count by subsection (a), there is also authorized any other provision of law, the head of a de- ties of the following elements of the United to be appropriated for the Community Manage- partment with an element in the intelligence States Government: ment Account for fiscal year 1998 such addi- community or the head of an intelligence com- (1) The Central Intelligence Agency. tional amounts as are specified in the classified munity agency or element may detail any em- (2) The Department of Defense. Schedule of Authorizations referred to in section ployee within that department, agency, or ele- (3) The Defense Intelligence Agency. 102(a). ment to serve in any position in the Intelligence (4) The National Security Agency. (2) AUTHORIZATION OF PERSONNEL.—In addi- Community Assignment Program on a reimburs- (5) The Department of the Army, the Depart- tion to the personnel authorized by subsection able or a nonreimbursable basis. ment of the Navy, and the Department of the (b) for elements of the Community Management ‘‘(2) Nonreimbursable details may be for such Air Force. Account as of September 30, 1998, there is hereby periods as are agreed to between the heads of (6) The Department of State. authorized such additional personnel for such the parent and host agencies, up to a maximum (7) The Department of the Treasury. elements as of that date as is specified in the of three years, except that such details may be (8) The Department of Energy. classified Schedule of Authorizations. extended for a period not to exceed one year (9) The Federal Bureau of Investigation. (d) REIMBURSEMENT.—Except as provided in when the heads of the parent and host agencies (10) The Drug Enforcement Administration. section 113 of the National Security Act of 1947 determine that such extension is in the public (11) The National Reconnaissance Office. (as added by section 303 of this Act), during fis- interest. (12) The National Imagery and Mapping cal year 1998, any officer or employee of the ‘‘(b) BENEFITS, ALLOWANCES, TRAVEL, INCEN- Agency. United States or member of the Armed Forces TIVES.—An employee detailed under subsection SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- who is detailed to the staff of an element within (a) may be authorized any benefit, allowance, TIONS. the Community Management Account from an- travel, or incentive otherwise provided to en- (a) SPECIFICATIONS OF AMOUNTS AND PERSON- other element of the United States Government hance staffing by the organization from which NEL CEILINGS.—The amounts authorized to be shall be detailed on a reimbursable basis, except the employee is detailed. H9588 CONGRESSIONAL RECORD — HOUSE October 28, 1997

‘‘(c) ANNUAL REPORT.—Not later than March (2) subject to subsection (c), promptly make (2) The Permanent Select Committee on Intel- 1, 1999, and annually thereafter, the Director of such information available to— ligence of the House of Representatives. Central Intelligence shall submit to the Perma- (A) the victims of such crimes; or SEC. 310. REVIEW OF STUDIES ON CHEMICAL nent Select Committee on Intelligence of the (B) when appropriate, the family members of WEAPONS IN THE PERSIAN GULF House of Representatives and the Select Com- the victims of such crimes if such family mem- DURING THE PERSIAN GULF WAR. mittee on Intelligence of the Senate a report de- bers are United States citizens. (a) REVIEW.— scribing the detail of intelligence community (c) LIMITATIONS.—The Secretary shall work (1) IN GENERAL.—Not later than May 31, 1998, personnel pursuant to subsection (a) during the with the heads of appropriate departments and the Inspector General of the Central Intelligence 12-month period ending on the date of the re- agencies of the United States Government in Agency shall complete a review of the studies port. The report shall set forth the number of order to ensure that information relevant to a conducted by the Federal Government regarding personnel detailed, the identity of parent and crime covered by subsection (b) is promptly re- the presence, use, or destruction of chemical host agencies or elements, and an analysis of viewed and, to the maximum extent practicable, weapons in the Persian Gulf theater of oper- the benefits of the details.’’. without jeopardizing sensitive sources and ations during the Persian Gulf War. (b) TECHNICAL AMENDMENT.—Sections 120, methods or other vital national security inter- (2) PURPOSE.—The purpose of the review is to 121, and 110 of the National Security Act of 1947 ests, or without jeopardizing an on-going crimi- identify any additional investigation or research are hereby redesignated as sections 110, 111, and nal investigation or proceeding, made available that may be necessary— 112, respectively. under that subsection unless such disclosure is (A) to determine fully and completely the ex- (c) CLERICAL AMENDMENT.—The table of con- specifically prohibited by law. tent of Central Intelligence Agency knowledge tents in the first section of such Act is amended SEC. 308. ANNUAL REPORTS ON INTELLIGENCE of the presence, use, or destruction of such by striking out the items relating to sections 120, ACTIVITIES OF THE PEOPLE’S RE- weapons in that theater of operations during 121, and 110 and inserting in lieu thereof the fol- PUBLIC OF CHINA. that war; and lowing: (a) REPORT TO CONGRESS.—Not later than 90 (B) with respect to any other issue relating to ‘‘Sec. 110. National mission of National Imagery days after the date of enactment of this Act and the presence, use, or destruction of such weap- and Mapping Agency. annually thereafter, the Director of Central In- ons in that theater of operations during that ‘‘Sec. 111. Collection tasking authority. telligence and the Director of the Federal Bu- war that the Inspector General considers appro- ‘‘Sec. 112. Restrictions on intelligence sharing reau of Investigation, jointly and in consulta- priate. with the United Nations. tion with the heads of other appropriate Federal (b) REPORT ON REVIEW.— ‘‘Sec. 113. Detail of intelligence community per- agencies, including the National Security Agen- (1) REQUIREMENT.—Upon the completion of sonnel—intelligence community cy and the Departments of Defense, Justice, the review, the Inspector General shall submit to assignment program.’’. Treasury, and State, shall prepare and transmit the Select Committee on Intelligence of the Sen- (d) EFFECTIVE DATE.—The amendment made to Congress a report on intelligence activities of ate and the Permanent Select Committee on In- by subsection (a) shall apply to an employee on the People’s Republic of China directed against telligence of the House of Representatives a re- detail on or after January 1, 1997. or affecting the interests of the United States. port on the results of the review. The report SEC. 304. EXTENSION OF APPLICATION OF SANC- (b) DELIVERY OF REPORT.—The Director of shall include such recommendations for addi- TIONS LAWS TO INTELLIGENCE AC- Central Intelligence and the Director of the Fed- tional investigations or research as the Inspec- TIVITIES. eral Bureau of Investigation shall jointly trans- tor General considers appropriate. Section 905 of the National Security Act of mit classified and unclassified versions of the re- (2) FORM.—The report shall be submitted in 1947 (50 U.S.C. 441d) is amended by striking out port to the Speaker and Minority leader of the unclassified form, but may include a classified ‘‘January 6, 1998’’ and inserting in lieu thereof House of Representatives, the Majority and Mi- annex. ‘‘January 6, 1999’’. nority leaders of the Senate, the Chairman and SEC. 311. AMENDMENTS TO FAIR CREDIT REPORT- SEC. 305. SENSE OF CONGRESS ON INTEL- Ranking Member of the Permanent Select Com- ING ACT. LIGENCE COMMUNITY CONTRACT- mittee on Intelligence of the House of Represent- (a) EXCEPTION TO CONSUMER DISCLOSURE RE- ING. atives, and the Chairman and Vice-Chairman of QUIREMENT.—Section 604(b) of the Fair Credit It is the sense of Congress that the Director of the Select Committee on Intelligence of the Sen- Reporting Act (15 U.S.C. 1681b(b)) (as amended Central Intelligence should continue to direct ate. by chapter 1 of subtitle D of the Economic that elements of the intelligence community, SEC. 309. STANDARDS FOR SPELLING OF FOR- Growth and Regulatory Paperwork Reduction whenever compatible with the national security EIGN NAMES AND PLACES AND FOR Act of 1996) is amended by adding at the end the interests of the United States and consistent USE OF GEOGRAPHIC COORDINATES. following new paragraph: with operational and security concerns related (a) SURVEY OF CURRENT STANDARDS.— ‘‘(4) EXCEPTION FOR NATIONAL SECURITY IN- to the conduct of intelligence activities, and (1) SURVEY.—The Director of Central Intel- VESTIGATIONS.— where fiscally sound, should competitively ligence shall carry out a survey of current ‘‘(A) IN GENERAL.—In the case of an agency or award contracts in a manner that maximizes the standards for the spelling of foreign names and department of the United States Government procurement of products properly designated as places, and the use of geographic coordinates which seeks to obtain and use a consumer report having been made in the United States. for such places, among the elements of the intel- for employment purposes, paragraph (3) shall SEC. 306. SENSE OF CONGRESS ON RECEIPT OF ligence community. not apply to any adverse action by such agency CLASSIFIED INFORMATION. (2) REPORT.—Not later than 90 days after the or department which is based in part on such It is the sense of Congress that Members of date of enactment of this Act, the Director shall consumer report, if the head of such agency or Congress have equal standing with officials of submit to the congressional intelligence commit- department makes a written finding that— the Executive Branch to receive classified infor- tees a report on the survey carried out under ‘‘(i) the consumer report is relevant to a na- mation so that Congress may carry out its over- paragraph (1). The report shall be submitted in tional security investigation of such agency or sight responsibilities under the Constitution. unclassified form, but may include a classified department; SEC. 307. PROVISION OF INFORMATION ON CER- annex. ‘‘(ii) the investigation is within the jurisdic- TAIN VIOLENT CRIMES ABROAD TO (b) GUIDELINES.— tion of such agency or department; VICTIMS AND VICTIMS’ FAMILIES. (1) ISSUANCE.—Not later than 180 days after ‘‘(iii) there is reason to believe that compli- (a) SENSE OF CONGRESS.—It is the sense of the date of enactment of this Act, the Director ance with paragraph (3) will— Congress that— shall issue guidelines to ensure the use of uni- ‘‘(I) endanger the life or physical safety of (1) it is in the national interests of the United form spelling of foreign names and places and any person; States to provide information regarding the kill- the uniform use of geographic coordinates for ‘‘(II) result in flight from prosecution; ing, abduction, torture, or other serious mis- such places. The guidelines shall apply to all in- ‘‘(III) result in the destruction of, or tamper- treatment of United States citizens abroad to the telligence reports, intelligence products, and in- ing with, evidence relevant to the investigation; victims of such crimes, or the families of victims telligence databases prepared and utilized by ‘‘(IV) result in the intimidation of a potential of such crimes if they are United States citizens; the elements of the intelligence community. witness relevant to the investigation; and (2) BASIS.—The guidelines under paragraph ‘‘(V) result in the compromise of classified in- (2) the provision of such information is suffi- (1) shall, to the maximum extent practicable, be formation; or ciently important that the discharge of the re- based on current United States Government ‘‘(VI) otherwise seriously jeopardize or unduly sponsibility for identifying and disseminating standards for the transliteration of foreign delay the investigation or another official pro- such information should be vested in a cabinet- names, standards for foreign place names devel- ceeding. level officer of the United States Government. oped by the Board on Geographic Names, and a ‘‘(B) NOTIFICATION OF CONSUMER UPON CON- (b) RESPONSIBILITY.—The Secretary of State standard set of geographic coordinates. CLUSION OF INVESTIGATION.—Upon the conclu- shall take appropriate actions to ensure that the (3) SUBMITTAL TO CONGRESS.—The Director sion of a national security investigation de- United States Government takes all appropriate shall submit a copy of the guidelines to the con- scribed in subparagraph (A), or upon the deter- actions to— gressional intelligence committees. mination that the exception under subpara- (1) identify promptly information (including (c) CONGRESSIONAL INTELLIGENCE COMMITTEES graph (A) is no longer required for the reasons classified information) in the possession of the DEFINED.—In this section, the term ‘‘congres- set forth in such subparagraph, the official ex- departments and agencies of the United States sional intelligence committees’’ means the fol- ercising the authority in such subparagraph Government regarding the killing, abduction, lowing: shall provide to the consumer who is the subject torture, or other serious mistreatment of United (1) The Select Committee on Intelligence of the of the consumer report with regard to which States citizens abroad; and Senate. such finding was made— October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9589 ‘‘(i) a copy of such consumer report with any (5) by inserting after paragraph (6) the follow- of that section is amended by inserting ‘‘, or classified information redacted as necessary; ing new paragraph: from issuing any subpoena, after the Inspector ‘‘(ii) notice of any adverse action which is ‘‘(7) Notwithstanding section 1341(a)(1) of title General has decided to initiate, carry out, or based, in part, on the consumer report; and 31, United States Code, enter into multiyear complete such audit, inspection, or investigation ‘‘(iii) the identification with reasonable speci- leases for up to 15 years.’’; and or to issue such subpoena,’’ after ‘‘or investiga- ficity of the nature of the investigation for (6) by inserting at the end the following new tion’’. which the consumer report was sought. subsection: SEC. 403. CIA CENTRAL SERVICES PROGRAM. ‘‘(C) DELEGATION BY HEAD OF AGENCY OR DE- ‘‘(b)(1) The authority to enter into a multiyear (a) AUTHORITY FOR PROGRAM.—The Central PARTMENT.—For purposes of subparagraphs (A) lease under subsection (a)(7) shall be subject to Intelligence Agency Act of 1949 (50 U.S.C. 403a and (B), the head of any agency or department appropriations provided in advance for— et seq.) is amended by adding at the end the fol- of the United States Government may delegate ‘‘(A) the entire lease; or lowing new section: his or her authorities under this paragraph to ‘‘(B) the first 12 months of the lease and the ‘‘CENTRAL SERVICES PROGRAM an official of such agency or department who Government’s estimated termination liability. has personnel security responsibilities and is a ‘‘(2) In the case of any such lease entered into ‘‘SEC. 21. (a) IN GENERAL.—The Director may member of the Senior Executive Service or equiv- under subparagraph (B) of paragraph (1)— carry out a program under which elements of alent civilian or military rank. ‘‘(A) such lease shall include a clause that the Agency provide items and services on a reim- ‘‘(D) REPORT TO THE CONGRESS.—Not later provides that the contract shall be terminated if bursable basis to other elements of the Agency than January 31 of each year, the head of each budget authority (as defined by section 3(2) of and to other Government agencies. The Director agency and department of the United States the Congressional Budget and Impoundment shall carry out the program in accordance with Government that exercised authority under this Control Act of 1974 (2 U.S.C. 622(2))) is not pro- the provisions of this section. paragraph during the preceding year shall sub- vided specifically for that project in an appro- ‘‘(b) PARTICIPATION OF AGENCY ELEMENTS.— mit a report to the Congress on the number of priations Act in advance of an obligation of (1) In order to carry out the program, the Direc- times the department or agency exercised such funds in respect thereto; tor shall— authority during the year. ‘‘(B) notwithstanding section 1552 of title 31, ‘‘(A) designate the elements of the Agency ‘‘(E) DEFINITIONS.—For purposes of this para- United States Code, amounts obligated for pay- that are to provide items or services under the graph, the following definitions shall apply: ing termination costs with respect to such lease program (in this section referred to as ‘central ‘‘(i) CLASSIFIED INFORMATION.—The term shall remain available until the costs associated service providers’); ‘classified information’ means information that with termination of such lease are paid; ‘‘(B) specify the items or services to be pro- is protected from unauthorized disclosure under ‘‘(C) funds available for termination liability vided under the program by such providers; and Executive Order No. 12958 or successor orders. shall remain available to satisfy rental obliga- ‘‘(C) assign to such providers for purposes of ‘‘(ii) NATIONAL SECURITY INVESTIGATION.—The tions with respect to such lease in subsequent the program such inventories, equipment, and term ‘national security investigation’ means any fiscal years in the event such lease is not termi- other assets (including equipment on order) as official inquiry by an agency or department of nated early, but only to the extent those funds the Director determines necessary to permit such the United States Government to determine the are in excess of the amount of termination li- providers to provide items or services under the eligibility of a consumer to receive access or con- ability at the time of their use to satisfy such program. tinued access to classified information or to de- rental obligations; and ‘‘(2) The designation of elements and the spec- termine whether classified information has been ‘‘(D) funds appropriated for a fiscal year may ification of items and services under paragraph lost or compromised.’’. be used to make payments on such lease, for a (1) shall be subject to the approval of the Direc- (b) RESALE OF CONSUMER REPORT TO A FED- maximum of 12 months, beginning any time dur- tor of the Office of Management and Budget. ERAL AGENCY OR DEPARTMENT.—Section 607(e) ing such fiscal year.’’. ‘‘(c) CENTRAL SERVICES WORKING CAPITAL of the Fair Credit Reporting Act (12 U.S.C. (b) EFFECTIVE DATE.—The amendments made FUND.—(1) There is established a fund to be 1681e(e)) (as amended by chapter 1 of subtitle D by subsection (a) apply to multiyear leases en- known as the Central Services Working Capital of the Economic Growth and Regulatory Paper- tered into under section 5 of the Central Intel- Fund (in this section referred to as the ‘Fund’). work Reduction Act of 1996) is amended by add- ligence Agency Act of 1949, as so amended, on or The purpose of the Fund is to provide sums for ing at the end the following new paragraph: after October 1, 1997. activities under the program. ESALE OF CONSUMER REPORT TO A FED ‘‘(3) R - SEC. 402. SUBPOENA AUTHORITY FOR THE IN- ‘‘(2) There shall be deposited in the Fund the ERAL AGENCY OR DEPARTMENT.—Notwithstand- SPECTOR GENERAL OF THE following: ing paragraph (1) or (2), a person who procures CENTRAL INTELLIGENCE AGENCY. ‘‘(A) Amounts appropriated to the Fund. a consumer report for purposes of reselling the (a) AUTHORITY.—Subsection (e) of section 17 ‘‘(B) Amounts credited to the Fund from pay- report (or any information in the report) shall of the Central Intelligence Agency Act of 1949 ments received by central service providers not disclose the identity of the end-user of the (50 U.S.C. 403q) is amended— under subsection (e). report under paragraph (1) or (2) if— (1) by redesignating paragraphs (5) through ‘‘(C) Fees imposed and collected under sub- ‘‘(A) the end user is an agency or department (7) as paragraphs (6) through (8), respectively; section (f)(1). of the United States Government which procures and ‘‘(D) Amounts collected in payment for loss or the report from the person for purposes of deter- (2) by inserting after paragraph (4) the follow- damage to equipment or other property of a mining the eligibility of the consumer concerned ing new paragraph (5): central service provider as a result of activities to receive access or continued access to classi- ‘‘(5)(A) Except as provided in subparagraph under the program. fied information (as defined in section (B), the Inspector General is authorized to re- ‘‘(E) Such other amounts as the Director is 604(b)(4)(E)(i)); and quire by subpoena the production of all infor- authorized to deposit in or transfer to the Fund. ‘‘(B) the agency or department certifies in mation, documents, reports, answers, records, ‘‘(3) Amounts in the Fund shall be available, writing to the person reselling the report that accounts, papers, and other data and documen- without fiscal year limitation, for the following nondisclosure is necessary to protect classified tary evidence necessary in the performance of purposes: information or the safety of persons employed the duties and responsibilities of the Inspector ‘‘(A) To pay the costs of providing items or by or contracting with, or undergoing investiga- General. services under the program. tion for work or contracting with the agency or ‘‘(B) In the case of Government agencies, the ‘‘(B) To pay the costs of carrying out activi- department.’’. Inspector General shall obtain information, doc- ties under subsection (f)(2). (c) EFFECTIVE DATE.—The amendments made uments, reports, answers, records, accounts, pa- ‘‘(d) LIMITATION ON AMOUNT OF ORDERS.— by subsections (a) and (b) shall take effect as if pers, and other data and evidence for the pur- The total value of all orders for items or services such amendments had been included in chapter pose specified in subparagraph (A) using proce- to be provided under the program in any fiscal 1 of subtitle D of the Economic Growth and Reg- dures other than by subpoenas. year may not exceed an amount specified in ad- ulatory Paperwork Reduction Act of 1996 as of ‘‘(C) The Inspector General may not issue a vance by the Director of the Office of Manage- the date of the enactment of such Act. subpoena for or on behalf of any other element ment and Budget. TITLE IV—CENTRAL INTELLIGENCE or component of the Agency. ‘‘(e) PAYMENT FOR ITEMS AND SERVICES.—(1) AGENCY ‘‘(D) In the case of contumacy or refusal to A Government agency provided items or services SEC. 401. MULTIYEAR LEASING AUTHORITY. obey a subpoena issued under this paragraph, under the program shall pay the central service (a) IN GENERAL.—Section 5 of the Central In- the subpoena shall be enforceable by order of provider concerned for such items or services an telligence Agency Act of 1949 (50 U.S.C. 403f) is any appropriate district court of the United amount equal to the costs incurred by the pro- amended— States. vider in providing such items or services plus (1) by redesignating paragraphs (a) through ‘‘(E) Not later than January 31 and July 31 of any fee imposed under subsection (f). In cal- (f) as paragraphs (1) through (6), respectively; each year, the Inspector General shall submit to culating such costs, the Director shall take into (2) by inserting ‘‘(a)’’ after ‘‘SEC. 5.’’; the Select Committee on Intelligence of the Sen- account personnel costs (including costs associ- (3) in paragraph (5), as so redesignated, by ate and the Permanent Select Committee on In- ated with salaries, annual leave, and workers’ striking out ‘‘without regard’’ and all that fol- telligence of the House of Representatives a re- compensation), plant and equipment costs (in- lows through ‘‘; and’’ and inserting in lieu port of the Inspector General’s exercise of au- cluding depreciation of plant and equipment), thereof a semicolon; thority under this paragraph during the preced- operation and maintenance expenses, amortized (4) by striking out the period at the end of ing six months.’’. costs, and other expenses. paragraph (6), as so redesignated, and inserting (b) LIMITATION ON AUTHORITY FOR PROTEC- ‘‘(2) Payment for items or services under para- in lieu thereof ‘‘; and’’; TION OF NATIONAL SECURITY.—Subsection (b)(3) graph (1) may take the form of an advanced H9590 CONGRESSIONAL RECORD — HOUSE October 28, 1997 payment by an agency from appropriations SEC. 404. PROTECTION OF CIA FACILITIES. ‘‘(2) The degree of Bachelor of Science in In- available to such agency for the procurement of Subsection (a) of section 15 of the Central In- telligence (BSI).’’. such items or services. telligence Agency Act of 1949 (50 U.S.C. 403o) is (b) CLERICAL AMENDMENT.—The item relating ‘‘(f) FEES.—(1) The Director may permit a amended— to that section in the table of sections at the be- central service provider to impose and collect a (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; ginning of chapter 108 of such title is amended fee with respect to the provision of an item or (2) by striking out ‘‘powers only within Agen- to read as follows: service under the program. The amount of the cy installations,’’ and all that follows through ‘‘2161. Joint Military Intelligence College: aca- fee may not exceed an amount equal to four per- the end and inserting in lieu thereof the follow- demic degrees.’’. cent of the payment received by the provider for ing: ‘‘powers— SEC. 502. FUNDING FOR INFRASTRUCTURE AND the item or service. ‘‘(A) within the Agency Headquarters QUALITY OF LIFE IMPROVEMENTS ‘‘(2)(A) Subject to subparagraph (B), the Di- Compound and the property controlled and oc- AT MENWITH HILL AND BAD AIBLING rector may obligate and expend amounts in the cupied by the Federal Highway Administration STATIONS. Fund that are attributable to the fees imposed located immediately adjacent to such Section 506(b) of the Intelligence Authoriza- and collected under paragraph (1) to acquire Compound; tion Act for Fiscal Year 1996 (Public Law 104–93; equipment or systems for, or to improve the ‘‘(B) in the streets, sidewalks, and the open 109 Stat. 974) is amended by striking out ‘‘for equipment or systems of, elements of the Agency areas within the zone beginning at the outside fiscal years 1996 and 1997’’ and inserting in lieu that are not designated for participation in the boundary of such Compound and property and thereof ‘‘for fiscal years 1998 and 1999’’. program in order to facilitate the designation of extending outward 500 feet; SEC. 503. UNAUTHORIZED USE OF NAME, INI- such elements for future participation in the ‘‘(C) within any other Agency installation TIALS, OR SEAL OF NATIONAL RE- CONNAISSANCE OFFICE. program. and protected property; and ‘‘(B) The Director may not expend amounts in ‘‘(D) in the streets, sidewalks, and open areas (a) EXTENSION, REORGANIZATION, AND CON- the Fund for purposes specified in subpara- within the zone beginning at the outside bound- SOLIDATION OF AUTHORITIES.—Subchapter I of graph (A) in fiscal year 1998, 1999, or 2000 unless ary of any installation or property referred to in chapter 21 of title 10, United States Code, is the Director— subparagraph (C) and extending outward 500 amended by adding at the end the following ‘‘(i) secures the prior approval of the Director feet.’’; and new section: of the Office of Management and Budget; and (3) by adding at the end the following new ‘‘§ 425. Prohibition of unauthorized use of ‘‘(ii) submits notice of the proposed expendi- paragraphs: name, initials, or seal: specified intelligence ture to the Permanent Select Committee on In- ‘‘(2) The performance of functions and exer- agencies telligence of the House of Representatives and cise of powers under subparagraph (B) or (D) of ‘‘(a) PROHIBITION.—Except with the written the Select Committee on Intelligence of the Sen- paragraph (1) shall be limited to those cir- permission of both the Secretary of Defense and ate. cumstances where such personnel can identify the Director of Central Intelligence, no person ‘‘(g) AUDIT.—(1) Not later than December 31 specific and articulable facts giving such per- may knowingly use, in connection with any each year, the Inspector General of the Central sonnel reason to believe that the performance of merchandise, retail product, impersonation, so- Intelligence Agency shall conduct an audit of such functions and exercise of such powers is licitation, or commercial activity in a manner the activities under the program during the pre- reasonable to protect against physical damage reasonably calculated to convey the impression ceding fiscal year. or injury, or threats of physical damage or in- that such use is approved, endorsed, or author- ‘‘(2) The Director of the Office of Management jury, to Agency installations, property, or em- ized by the Secretary and the Director, any of and Budget shall determine the form and con- ployees. the following (or any colorable imitation there- tent of annual audits under paragraph (1). ‘‘(3) Nothing in this subsection shall be con- of): Such audits shall include an itemized account- strued to preclude, or limit in any way, the au- ‘‘(1) The words ‘Defense Intelligence Agency’, ing of the items or services provided, the costs thority of any Federal, State, or local law en- the initials ‘DIA’, or the seal of the Defense In- associated with the items or services provided, forcement agency, or any other Federal police or telligence Agency. the payments and any fees received for the items Federal protective service. ‘‘(2) The words ‘National Reconnaissance Of- or services provided, and the agencies provided ‘‘(4) The rules and regulations enforced by fice’, the initials ‘NRO’, or the seal of the Na- items or services. such personnel shall be the rules and regula- tional Reconnaissance Office. ‘‘(3) Not later than 30 days after the comple- tions prescribed by the Director and shall only ‘‘(3) The words ‘National Imagery and Map- tion of an audit under paragraph (1), the In- be applicable to the areas referred to in sub- ping Agency’, the initials ‘NIMA’, or the seal of spector General shall submit a copy of the audit paragraph (A) or (C) of paragraph (1). the National Imagery and Mapping Agency. to the following: ‘‘(5) Not later than December 1, 1998, and an- ‘‘(4) The words ‘Defense Mapping Agency’, ‘‘(A) The Director of the Office of Manage- nually thereafter, the Director shall submit a re- the initials ‘DMA’, or the seal of the Defense ment and Budget. port to the Permanent Select Committee on In- Mapping Agency.’’. ‘‘(B) The Director of Central Intelligence. telligence of the House of Representatives and (b) TRANSFER OF ENFORCEMENT AUTHORITY.— ‘‘(C) The Permanent Select Committee on In- the Select Committee on Intelligence of the Sen- Subsection (b) of section 202 of title 10, United telligence of the House of Representatives. ate that describes in detail the exercise of the States Code, is transferred to the end of section ‘‘(D) The Select Committee on Intelligence of authority granted by this subsection, and the 425 of such title, as added by subsection (a), and the Senate. underlying facts supporting the exercise of such is amended by inserting ‘‘AUTHORITY TO ENJOIN ‘‘(h) TERMINATION.—(1) The authority of the authority, during the preceding fiscal year. The VIOLATIONS.—’’ after ‘‘(b)’’. Director to carry out the program under this Director shall make such report available to the (c) REPEAL OF REORGANIZED PROVISIONS.— section shall terminate on March 31, 2000. Inspector General of the Central Intelligence Sections 202 and 445 of title 10, United States ‘‘(2) Subject to paragraph (3), the Director of Agency.’’. Code, are repealed. Central Intelligence and the Director of the Of- (d) CLERICAL AMENDMENTS.— fice of Management and Budget, acting joint- SEC. 405. ADMINISTRATIVE LOCATION OF THE OF- FICE OF THE DIRECTOR OF CENTRAL (1) The table of sections at the beginning of ly— INTELLIGENCE. subchapter II of chapter 8 of title 10, United ‘‘(A) may terminate the program under this Section 102(e) of the National Security Act of States Code, is amended by striking out the item section and the Fund at any time; and 1947 (50 U.S.C. 403(e)) is amended by adding at relating to section 202. ‘‘(B) upon such termination, shall provide for the end the following: (2) The table of sections at the beginning of the disposition of the personnel, assets, liabil- ‘‘(4) The Office of the Director of Central In- subchapter I of chapter 21 of title 10, United ities, grants, contracts, property, records, and telligence shall, for administrative purposes, be States Code, is amended by striking out the unexpended balances of appropriations, author- within the Central Intelligence Agency.’’. items relating to sections 424 and 425 and insert- izations, allocations, and other funds held, ing in lieu thereof the following: used, arising from, available to, or to be made TITLE V—DEPARTMENT OF DEFENSE available in connection with the program or the INTELLIGENCE ACTIVITIES ‘‘424. Disclosure of organizational and person- Fund. SEC. 501. AUTHORITY TO AWARD ACADEMIC DE- nel information: exemption for ‘‘(3) The Director of Central Intelligence and GREE OF BACHELOR OF SCIENCE IN Defense Intelligence Agency, Na- the Director of the Office of Management and INTELLIGENCE. tional Reconnaissance Office, and Budget may not undertake any action under (a) AUTHORITY FOR NEW BACHELOR’S DE- National Imagery and Mapping paragraph (2) until 60 days after the date on GREE.—Section 2161 of title 10, United States Agency. which the Directors jointly submit notice of Code, is amended to read as follows: ‘‘425. Prohibition of unauthorized use of name, such action to the Permanent Select Committee ‘‘§ 2161. Joint Military Intelligence College: initials, or seal: specified intel- on Intelligence of the House of Representatives academic degrees ligence agencies.’’. and the Select Committee on Intelligence of the ‘‘Under regulations prescribed by the Sec- (3) The table of sections at the beginning of Senate.’’. retary of Defense, the president of the Joint subchapter I of chapter 22 of title 10, United (b) AVAILABILITY OF FUNDS.—Of the amount Military Intelligence College may, upon rec- States Code, is amended by striking out the item appropriated pursuant to the authorization of ommendation by the faculty of the college, con- relating to section 445. appropriations in section 101, $2,000,000 shall be fer upon a graduate of the college who has ful- And the House agree to the same. available for deposit in the Central Services filled the requirements for the degree the follow- From the Permanent Select Committee on Working Capital Fund established by section ing: Intelligence, for consideration of the Senate 21(c) of the Central Intelligence Agency Act of ‘‘(1) The degree of Master of Science of Strate- bill, and the House amendment, and modi- 1949, as added by subsection (a). gic Intelligence (MSSI). fications committed to conference: October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9591

PORTER GOSS, SEC. 102. CLASSIFIED SCHEDULE OF Subsection (e) authorizes $27,000,000 of the BILL YOUNG, AUTHORIZATIONS amount authorized in subsection (a) to be JERRY LEWIS, Section 102 of the conference report makes made available for the National Drug Intel- BUD SHUSTER, clear that the details of the amounts author- ligence Center (NDIC). This subsection is BILL MCCOLLUM, ized to be appropriated for intelligence and identical to subsection (e) in the House MICHAEL N. CASTLE, intelligence-related activities and applicable amendment. The Senate bill had no similar SHERWOOD BOEHLERT, personnel ceilings covered under this title provision. The Senate recedes. The managers CHARLES F. BASS, for fiscal year 1998 are contained in a classi- agree that continued funding of the NDIC JIM GIBBONS, fied Schedule of Authorizations. The classi- from the NFIP deserves considerable study, NORM DICKS, fied Schedule of Authorizations is incor- and many remain concerned that the balance JULIAN C. DIXON, porated into the Act by this section. The de- between law enforcement and national secu- DAVID E. SKAGGS, tails of the Schedule are explained in the rity equities in the NDIC’s operations is NANCY PELOSI, classified annex to this report. Section 102 is skewed in favor of the law enforcement com- JANE HARMAN, identical to section 102 of the Senate bill and munity. This is due, in part, to placement of IKE SKELTON, section 102 of the House amendment. the NDIC within the Department of Justice. SANFORD D. BISHOP, SEC. 103. PERSONNEL CEILING ADJUSTMENTS The managers urge the President to care- From the Committee on National Security, fully examine this problem and report to the Section 103 of the conference report au- for consideration of defense tactical intel- Committees before April 1, 1998. This exam- thorizes the Director of Central Intelligence, ligence and related activities: ination should be undertaken and reported with the approval of the Director of the Of- FLOYD SPENCE, as a part of the National Counter-Narcotics fice of Management and Budget, in fiscal BOB STUMP, Architecture Review currently being pre- year 1998 to authorize employment of civil- Managers on the Part of the House. pared by the Office of National Drug Control ian personnel in excess of the personnel ceil- Policy. The report should describe current From the Select Committee on Intelligence: ings applicable to the components of the In- and proposed efforts to structure the NDIC RICHARD SHELBY, telligence Community under section 102 by to effectively coordinate and consolidate JOHN H. CHAFEE, an amount not to exceed two percent of the strategic drug intelligence from national se- DICK LUGAR, total of the ceilings applicable under section curity and law enforcement agencies. It MIKE DEWINE, 102. The Director of Central Intelligence may should also describe what steps have been JON KYL, exercise this authority only when doing so is taken to ensure that the relevant national JAMES INHOFE, necessary to the performance of important security and law enforcement agencies are ORRIN HATCH, intelligence functions. Any exercise of this providing the NDIC with access to data need- PAT ROBERTS, authority must be reported to the two intel- ed to accomplish this task. The managers WAYNE ALLARD, ligence committees of the Congress. DANIEL COATS, The managers emphasize that the author- agree that upon receipt of this report the in- BOB KERREY, ity conferred by section 103 is not intended telligence committees will reconsider wheth- JOHN GLENN, to permit the wholesale raising of personnel er it is appropriate to continue funding the RICHARD H. BRYAN, strength in any intelligence component. NDIC as a part of the National Foreign Intel- BOB GRAHAM, Rather, the section provides the Director of ligence Program. JOHN F. KERRY, Central Intelligence with flexibility to ad- TITLE II—CENTRAL INTELLIGENCE AGENCY MAX BAUCUS, just personnel levels temporarily for contin- RETIREMENT AND DISABILITY SYSTEM CHUCK ROBB, gencies and for overages caused by an imbal- SEC. 201. AUTHORIZATION OF APPROPRIATIONS FRANK LAUTENBERG, ance between hiring of new employees and Section 201 is identical to section 201 of the CARL LEVIN, attrition of current employees. The man- House amendment and section 201 of the Sen- From the Committee on Armed Services: agers do not expect the Director of Central ate bill. STROM THURMAN, Intelligence to allow heads of intelligence TITLE III—GENERAL PROVISIONS Managers on the Part of the Senate. components to plan to exceed levels set in SEC. 301. INCREASE IN EMPLOYEE COMPENSATION JOINT EXPLANATORY STATEMENT OF the Schedule of Authorizations except for AND BENEFITS AUTHORIZED BY LAW THE COMMITTEE OF CONFERENCE the satisfaction of clearly identified hiring Section 301 is identical to section 301 of the The managers on the part of the Senate needs which are consistent with the author- House amendment and section 301 of the Sen- and the House at the conference on the dis- ization of personnel strengths in this bill. In ate bill. agreeing votes of the two Houses on the no case is this authority to be used to pro- amendment of the House of Representatives vide for positions denied by this bill. Section SEC. 302. RESTRICTION ON CONDUCT OF to the bill (S. 858) to authorize appropria- 103 is identical to section 103 of the Senate INTELLIGENCE ACTIVITIES tions for fiscal year 1998 for intelligence and bill and section 103 of the House amendment. Section 302 is identical to section 302 of the the intelligence-related activities of the SEC. 104. COMMUNITY MANAGEMENT ACCOUNT House amendment and section 302 of the Sen- United States Government, the Community Section 104 of the conference report au- ate bill. Management Account, and the Central Intel- thorizes appropriations for the Community SEC 303. DETAIL OF INTELLIGENCE COMMUNITY ligence Agency Retirement and Disability Management Account of the Director of PERSONNEL System, and for other purposes, submit the Central Intelligence and sets the personnel The managers strongly support the inau- following joint statement to the Senate and end-strength for the Intelligence Community guration of the Intelligence Community As- the House in explanation of the effect of the Management Staff for fiscal year 1998. action agreed upon by the managers and rec- signment Program (ICAP). This type of ini- Subsection (a) authorizes appropriations of tiative is critical if the Intelligence Commu- ommended in the accompanying conference $121,580,000 for fiscal year 1998 for the activi- report: nity is to prepare itself for future challenges ties of the Community Management Account that will require an ever increasing level of The House amendment struck all of the (CMA) of the Director of Central Intel- Senate bill after the enacting clause and in- coordination and cooperation between the ligence. This amount includes funds identi- various elements of the community. Section serted a substitute text. fied for the Advanced Research and Develop- The Senate recedes from its disagreement 303 is similar to section 304 of the House ment Committee and the Environmental In- to the amendment of the House with an amendment and section 303 of the Senate telligence and Applications Program, which amendment that is a substitute for the Sen- bill. The managers agreed to a provision that ate bill and the House amendment. The dif- shall remain available until September 30, is nearly identical to that found in the House ferences between the Senate bill, the House 1999. amendment. Section 303 of the conference re- Subsection (b) authorizes 283 full-time per- amendment, and the substitute agreed to in port does not, however, terminate this au- sonnel for the Community Management conference are noted below, except for cleri- thority on September 30, 2002. Staff for fiscal year 1998 and provides that cal corrections, conforming changes made such personnel may be permanent employees SEC. 304. EXTENSION OF APPLICATION OF necessary by agreements reached by the con- of the Staff or detailed from various ele- SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES ferees, and minor drafting and clerical Section 304 of the conference report ex- changes. ments of the United States Government. Subsection (c) authorizes additional appro- tends until January 6, 1999 the authority TITLE I—INTELLIGENCE ACTIVITIES priations and personnel for the Community granted by section 303 of the Intelligence Au- SEC. 101. AUTHORIZATION FOR APPROPRIATIONS Management Account as specified in the thorization Act of Fiscal Year 1996 for the Section 101 of the conference report lists classified Schedule of Authorizations. President to stay the imposition of an eco- the departments, agencies, and other ele- Subsection (d) requires, except as provided nomic, cultural, diplomatic, or other sanc- ments of the United States Government for in Section 303 of this Act, or for temporary tion or related action when the President de- whose intelligence and intelligence-related situations of less than one year, that person- termines and reports to Congress that to activities the Act authorizes appropriations nel from another element of the United proceed without delay would seriously risk for fiscal year 1998. Section 101 is identical to States Government be detailed to an ele- the compromise of an intelligence source or section 101 of the Senate bill and section 101 ment of the Community Management Ac- method, or an ongoing criminal investiga- of the House amendment. count on a reimbursable basis. tion. Section 304 is similar to section 305 of H9592 CONGRESSIONAL RECORD — HOUSE October 28, 1997 the House amendment and section 304 of the SEC. 307. PROVISION OF INFORMATION ON CER- by the Federal Government regarding the Senate bill. The Senate bill extended the de- TAIN VIOLENT CRIMES ABROAD TO VICTIMS presence, use, or destruction of chemical ferral authority until January 6, 2001, where- AND VICTIMS’ FAMILIES weapons in the Persian Gulf theater of oper- as the House amendment extended the au- Section 307 directs the Secretary of State ations during the Persian Gulf War. This re- thority until January 6, 1999. The managers to ensure that the United States Govern- view is required to be completed not later agreed to adopt the House amendment with ment takes all appropriate actions to iden- than May 31, 1998. Section 310 is similar to minor technical changes. tify promptly all unclassified and classified section 310 of the House amendment. The SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE information in the possession of the United Senate bill had no similar provision. COMMUNITY CONTRACTING States Government regarding the killing, ab- The managers were aware of at lest ten in- Section 305 expresses the sense of the Con- duction, torture, or other serious mistreat- vestigations or studies that were in various gress that the Director of Central Intel- ment of a U.S. citizen abroad. The provision states of completion. The managers noted ligence should continue to direct elements of further requires the Secretary of State to en- that the CIA IG is already in the final stages the Intelligence Community to award con- sure that all information is promptly re- of two major projects related to chemical tracts in a manner that would maximize the viewed and, to the maximum extent prac- weapons and the Persian Gulf War. At the re- procurement of products produced in the ticable, without jeopardizing sensitive quest of former Director of Central Intel- United States, when such action is compat- sources and methods or other vital national ligence Deutch, the IG is assessing allega- ible with the national security interests of security interests, or without jeopardizing tions made by two former Agency employees the United States, consistent with oper- an on-going criminal investigation or pro- regarding the CIA’s handling of information ational and security concerns, and fiscally ceeding, made available to the victim or vic- concerning the possible exposure of United sound. A provision similar to section 305 has tim’s family if they are United States citi- States personnel to chemical weapons. Addi- been included in previous intelligence au- zens, unless such a disclosure is specifically tionally, in support of the Presidential Advi- thorization acts. Section 305 is similar in in- prohibited by law. sory Committee on Gulf War Veterans’ Ill- tent to sections 306 through 308 of the House Section 307 is similar to section 307 of the nesses, the CIA IG is conducting a special as- amendment. The Senate bill had no similar Senate bill. The House amendment had no sessment of the Agency’s handling of infor- provision. similar provision. The managers agreed to a mation related to the Iraqi ammunition stor- SEC. 306. SENSE OF CONGRESS ON RECEIPT OF provision that limits the release of informa- age depot at Khamisiyah. Both of these stud- CLASSIFIED INFORMATION tion to U.S. citizens. The managers also ex- ies are expected to be completed in October Section 306 expresses the sense of the Con- empted from disclosure information that 1997. The remaining studies that relate to gress that Members of Congress have equal may jeopardize an on-going criminal inves- the possible exposure of United States forces standing with officials of the executive tigation or proceeding. Additionally, the to chemical weapons during the Persian Gulf branch to receive classified information so managers acknowledged that there are cer- War include the following: that Congress may carry out its oversight tain statutes that specifically prohibit dis- 1. The CIA’s Persian Gulf War Illness Task responsibilities. The Senate bill contained a closure of certain types or categories of in- Force published an unclassified report on provision that directed the President to in- formation and, therefore, added language Khamisiyah, ‘‘An Historical Perspective on form all employees of the executive branch, that defers to those statutory prohibitions. Related Intelligence,’’ in April 1997. The and employees of contractors carrying out The managers recognized that the term Agency’s Directorate of Intelligence pub- duties under classified contracts, that the ‘‘information’’ is very broad and may be in- lished an unclassified ‘‘Report on Intel- disclosure of classified information reason- terpreted to include all forms of information ligence Related to Gulf War Illnesses,’’ in ably believed by the person to be evidence of in the possession of the United States Gov- August 1996. a violation of law, regulation, or rule; false ernment. The managers also recognized that 2. The Assistant to the Secretary of De- statement to Congress; gross mismanage- the various agencies and departments of the fense for Intelligence Oversight is preparing ment, waste of funds, abuse of authority; or United States Government may have in their a report on what information was available a substantial and specific danger to public possession non-official information that is to the Department of Defense concerning safety, is not contrary to law, executive readily available to the public via other Iraqi chemical weapons before and during order, regulation, or is otherwise not con- means, e.g. press clippings. Therefore, the the Gulf War, and what the Department did trary to public policy. The Senate provision managers intend the term ‘‘information’’ to with that information. would have allowed disclosure of such infor- be construed to mean information that is not 3. The Inspector General to the Depart- mation to any Member or staff member of a available to the victims or families unless ment of Defense has been tasked to inves- committee of Congress having oversight re- provided to them by the United States Gov- tigate the disappearance of military logs re- sponsibility for the department, agency, or ernment. lated to chemical weapons alerts during the element of the Federal Government to which war. SEC. 308. REPORT ON INTELLIGENCE ACTIVITIES such information relates. The Senate bill 4. The Inspector General of the Army is OF THE PEOPLE’S REPUBLIC OF CHINA would also have allowed disclosure of such conducting a series of investigations relating classified information to the employee’s own Section 308 directs the Director of Central to the possible exposure of U.S. troops to Representative. The House amendment had Intelligence and the Director of the Federal chemical weapons. no similar provision. Bureau of Investigation, in consultation 5. The augmented Persian Gulf Investiga- The managers decided not to include sec- with the heads of other appropriate Federal tion Team, under the direction of the Office tion 306 of the Senate bill in the conference agencies, to prepare and transmit to Con- of the Special Assistant to the Secretary of report. Such action should not, however, be gress a report on the intelligence activities Defense for Gulf War Illnesses, is continuing interpreted as agreement with the Adminis- of the People’s Republic of China directed a broad inquiry into the Gulf War illness tration’s position on whether it is constitu- against or affecting the interests of the Unit- issue, including the role of chemical expo- tional for Congress to legislate on this sub- ed States. Section 308 is similar to section sures. ject matter. The managers’ action also 309 of the House amendment. The Senate bill 6. The Presidential Advisory Committee on should not be further interpreted as agree- had no similar provision. Gulf War Veterans’ Illnesses is completing ment with the opinion of the Justice Depart- SEC. 309. STANDARDS FOR SPELLING OF FOREIGN its work on answering questions from the ment’s Office of Legal Counsel, which explic- NAMES AND PLACES AND FOR USE OF GEO- President related to the Khamisiyah ammu- itly stated that only the President may de- GRAPHIC COORDINATES nition storage depot. 7. The Senate Veterans’ Affairs Committee termine when executive branch employees Section 309 directs the Director of Central has hired a special investigator to look into may disclose classified information to Mem- Intelligence to carry out a survey of current Gulf War issues, and the House Veterans’ Af- bers of Congress. The managers assert that standards for the spelling of foreign names fairs Committee remains active on the issue. members of congressional committees have a and places, and the geographic coordinates need to know information, classified or oth- 8. The General Accounting Office published for such places. This provision further di- a report entitled ‘‘Gulf War Illnesses: Im- erwise, that directly relates to their respon- rects the Director of Central Intelligence to sibility to conduct vigorous and thorough proved Monitoring of Clinical Progress and submit the results of the survey to the con- Reexamination of Research Emphasis are oversight of the activities of the executive gressional intelligence committees and issue departments and agencies within their com- Needed,’’ in June 1997. The GAO is also pre- guidelines to ensure uniform spelling of for- paring answers to questions posed by the mittees’ jurisdiction. eign names and places and the uniform use of While the managers recognize the Chief House Veterans’ Affairs Committee concern- geographic coordinates for such places. Executive’s inherent constitutional author- ing DoD logs and possible chemical weapons Section 309 is nearly identical to section ity to protect sensitive national security in- exposure incidents. 308 of the Senate bill. The House amendment formation, they do not agree that this au- Therefore, instead of requiring the IG to had no similar provision. thority may be asserted against Congress to undertake another investigation that would withhold evidence of wrongdoing and thereby SEC. 310. REVIEW OF STUDIES ON CHEMICAL essentially mirror ongoing efforts, the man- impede Congress in exercising its legislative WEAPONS IN THE PERSIAN GULF DURING THE agers agreed to direct the IG to conduct a re- oversight authority. Therefore, the man- PERSIAN GULF WAR view that will identify whether any addi- agers committed to hold hearings on this Section 310 directs the Inspector General tional investigation or research is necessary issue and develop appropriate legislative so- (IG) of the Central Intelligence Agency to to determine the extent of the Central Intel- lutions. complete a review of the studies conducted ligence Agency’s knowledge of the presence, October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9593 use, or destruction of chemical weapons and the end user if the end user is a U.S. govern- fore an ‘‘adverse action’’ is taken based in any other issue relating to the presence, use, ment agency which has requested the whole or in part on a consumer report and or destruction of such weapons. The results consumer report as part of a top secret secu- provide the consumer with a copy of the re- of this review will allow the congressional rity clearance process. port. ‘‘Adverse action’’ is defined very broad- intelligence committees to direct the appro- The FCRA falls under the jurisdiction of ly by the FCRA, as amended. This presents a priate authorities to conduct additional spe- the Committee on Banking and Financial problem to agencies or departments conduct- cific investigations without duplicating past Services. In the interest of time, and based ing legitimate national security investiga- efforts. The managers are very concerned on Banking Committee staff discussions with tions because they may take ‘‘adverse ac- about the handling of information relating Intelligence Committee staff and officials tion’’ based on information in a consumer re- to the presence, use, or destruction of chemi- representing the intelligence community, port obtained outside of a section 435 release cal weapons in the Persian Gulf theater of the Banking Committee will not exercise its and will have to notify an employee in the operations; they remain committed to ensur- jurisdiction at this time over the proposed earliest stages of an investigation that they ing a thorough understanding of these mat- FCRA amendments. The Banking Committee have taken such action. Once alerted, the ters. does maintain, however, its jurisdiction over subject of the investigation who is in actual contact with a foreign intelligence service SEC. 311 EXCEPTIONS TO CERTAIN FAIR CREDIT the FCRA and reserves the right to referral may cease, or more carefully conceal, con- REPORTING REQUIREMENTS RELATING TO NA- of all provisions related to the FCRA in the future. tacts with foreign agents making it more dif- TIONAL SECURITY INVESTIGATIONS ficult to detect actual espionage activity. Section 311 amends the Fair Credit Report- Again, I appreciate your staff and officials from the intelligence community bringing Section 311(a) provides a limited exception ing Act (FCRA) to allow for a limited excep- to the consumer notification requirement for these proposed FCRA changes to the atten- tion to particular consumer disclosure re- legitimate national security investigations tion of the Banking Committee. I believe quirements and exempts a reseller of a when certain factors are present. The man- that the attached changes to the FCRA, are consumer report, under certain conditions, agers are aware, however, of the abuses that reasonable and should be included in the In- from disclosing the identity of an end-user of prompted the enactment of the ‘‘Consumer a consumer report as required by P.L. 104– telligence Authorization Act. Credit Reporting Reform Act of 1996’’ and are 208, Division A, Title II, Subtitle D, Chapter Sincerely, sensitive to the need for the consumer pro- 1, § 2403(b) and § 2407(c), respectively. These JAMES A. LEACH, tections contained therein. Therefore, sec- provisions became effective on September 30, Chairman. tion 311(a) requires the head of the depart- 1997. There was no similar provision to sec- CIA employees and most CIA contractors ment or agency to make a written finding, to tion 311 in the Senate bill or the House with staff-like access are required to have a be maintained in the employee’s personnel amendment. The managers received a letter Top Secret (TS) clearance with Sensitive security file, as to such factors before an ex- from the Chairman of the House Committee Compartmented Information (SCI) access. ception may be made. Further, an exception on Banking and Financial Services support- National Security Directive 63 (NSD 63), re- may be made only when adverse action is ing this provision. The content of the letter quires all executive branch agencies to ver- based in part on information obtained from a is as follows: ify the financial status and credit habits of consumer report. An exception is not avail- able for adverse action which is based in HOUSE OF REPRESENTATIVES, COM- individuals considered for access to TS and whole on such information. Also, upon the MITTEE ON BANKING AND FINAN- SCI material. Consequently, the agencies ob- conclusion of an investigation or when the CIAL SERVICES tain a consumer report for all applicants, factors are no longer present, the head of the Washington, DC, September 16, 1997. employees, and contractors. Such applicants, department or agency is required to provide Hon. Porter J. Goss, employees, and contractors sign a written a copy of the credit report and notice of any Chairman, Permanent Select Committee on In- consent to release this information as a part adverse action which is based in part on such telligence, Washington, DC. of their application process or routine re- report. The head of the department or agen- DEAR MR. CHAIRMAN: I am writing with re- investigation. This consent is attached to cy will also have to identify the nature of gard to the proposed Fair Credit Reporting the Standard Form (SF) 86 (Questionnaire the investigation to the consumer concerned. Act (FCRA) amendments to the Intelligence for National Security Positions). Additionally, the managers note that protec- Authorization Act for Fiscal Year 1998. I ap- In addition to the SF 86, Title 50, United tions such as notice and opportunity to re- preciate your staff apprising the Banking States Code, section 435(a)(3) requires all in- spond and correct information are already Committee of these proposed provisions. dividuals with access to classified informa- Amendments to the FCRA that were en- tion to consent to the release of financial provided by the CIA to individuals for whom acted in the 104th Congress and effective background information during the period of a security clearance has been denied or re- September 30, 1997, will require employers to such access. A section 435 release authorizes voked. The managers also understand that all information obtained from a consumer give advance notice to employees prior to investigative agencies to obtain a wide vari- report will be shared with an appellant con- taking an adverse action based on an em- ety of financial information. The release testing an adverse security decision. The CIA ployee’s consumer report. In addition, the may only be used, however, when an individ- also provides the identity of the reporting laws requires sellers of consumer reports to ual is suspected of disclosing classified infor- agency so that an appellant may challenge disclose to consumers the end users of the re- mation to a foreign power, has excessive in- the accuracy of the report directly with the ports. It is my understanding that the debtedness or unexplained wealth, or, by vir- reporting agency. The managers support Central Intelligence Agency (CIA) and other tue of his access to compromised classified these policies and urge their continuation. intelligence representatives are concerned information, is suspected of disclosing such The FCRA, as amended, will also require a information to a foreign power. Additionally, that these provisions could adversely impact reseller of a consumer report to disclose to under Title 50, United States Code, section the ability of U.S. government agencies in- the consumer reporting agency that origi- volved in national security matters to con- 436(b), the fact that a section 435 release has nally furnishes the report the identity of the duct investigations of employees suspected been executed by an investigative agency to end-user of the report. Hence, the CIA will of posing a security risk or counterintel- obtain a consumer report may not be legally have to be identified as the end-user in the ligence risk. As a result, the intelligence disclosed to the consumer or anyone other records of the source consumer reporting community has proposed two changes to the than representatives of the requesting agen- agency. Therefore, this new requirement will FCRA which it would like included in the cy. Therefore, the FCRA, as amended, would create significant security and safety con- legislation during conference consideration not require notification of the consumer cerns for CIA applicants, employees, and ac- of the bill. Enclosed is legislative language when the consumer report is obtained under tivities involving classified contracts be- implementing these changes which has been section 435. cause the data bases of consumer reporting vetted with the intelligence community and The managers understand, however, that agencies are not secure and are vulnerable to which I can support. an agency or department may need to exam- foreign intelligence services. The first proposed change to the FCRA ine an employee’s consumer report to make Section 311(b) provides an exemption to the would provide a waiver for agencies engaged an early assessment of the employee’s end-user identification requirements of the in national security matters from the re- consumer spending habits. The need for early FCRA, as amended. A department or agency quirement that an employee be notified prior access to a consumer report arises in cases that seeks an exemption under this provision to his/her employer taking an adverse action where there are indications that an em- must certify to the reseller that nondisclo- based on the employee’s consumer report. ployee presents security or counterintel- sure is necessary to protect classified infor- The waiver would apply when a senior de- ligence concerns, but the threshold to exe- mation or the life or physical safety of an partment head makes a written finding that cute a section 435 release has not been met. applicant, employee, or contractor with the credit information regarding an employee is Under current law, a consumer report may agency or department. relevant to a legitimate national security in- be obtained in such cases without notifying The amendments is subsections (a) and (b) vestigation and that advance notice would the employee. shall take effect as if such amendments had jeopardize the investigation and endanger As of September 30, 1997, however, the Fair been included in chapter 1 of subtitle D of personnel and classified information. The Credit Reporting Act (15 U.S.C. § 1681 et seq.), the Economic Growth and Regulatory Paper- second proposed change to the FCRA would as amended by the ‘‘Consumer Credit Report- work Reduction Act of 1996. The managers provide that resellers of consumer reports ing Reform Act of 1996,’’ among other things, believe section 311 strikes a reasonable bal- are not required to disclose the identity of requires employers to notify individuals be- ance between the needs of the consumer and H9594 CONGRESSIONAL RECORD — HOUSE October 28, 1997 the need to protect national security infor- where the CIA security protective officers Agency, or the Defense Mapping Agency in mation. can identify specific and articulable facts connection with any merchandise, retail TITLE IV—CENTRAL INTELLIGENCE AGENCY giving them reason to believe that the exer- product, impersonation, solicitation, or com- cise of this authority is reasonable to pro- mercial activity. SEC. 401. MULTIYEAR LEASING AUTHORITY tect against physical damage or injury, or PROVISIONS NOT INCLUDED IN THE CONFERENCE Section 401 amends section 5 of the Central threats of physical damage or injury, to CIA REPORT intelligence Agency Act of 1949 to provide installations, property, or employees. This Sense of the Senate clear statutory authority for the CIA to provision also expressly states that the rules enter into multi-year leases of terms not to and regulations prescribed by the Director of Section 309 of the Senate bill expressed a exceed 15 years. Section 401 is similar to sec- Central Intelligence for agency property and sense of the Senate that any tax legislation tion 401 of the Senate bill and nearly iden- installations do not extend into the 500 foot enacted by Congress this year should meet a tical to section 401 of the House amendment. area established by this provision. Thus, standard of fairness in its distributional im- The managers adopted this provision spe- there will be no restrictions, for example, on pact on upper, middle, and lower income tax- cifically without any reference to section 8 the taking of photographs within the 500 foot payers. The House amendment has no simi- of the CIA Act of 1949. It is the CIA’s position zone. lar provision. The Senate recedes. that section 8 authorizes the CIA to enter The managers do not envision a general Title VI—Miscellaneous Community Program into covert multi-year leases. The managers grant of police authority in the 500 foot zone, Adjustments agreed that if the reference to section 8 re- but do envision the CIA security protective Title VI of the House amendment con- mained in section 401 of the conference re- officers functioning as federal police, for lim- tained eight sections. Sections 601 through port it would be tantamount to a statutory ited purposes, within the 500 foot zone with 604, and 606 through 608 addressed various de- endorsement of the CIA’s interpretation. The all attendant authorities, capabilities, im- fense tactical intelligence and related activi- managers left that question open and agreed munities, and liabilities. The managers ex- ties. The managers are aware that the con- that the issue requires further analysis. pect the Director of Central Intelligence to ference committee negotiating the National Therefore, section 401 is not intended to coordinate and establish Memoranda of Un- Defense Authorization Act for Fiscal Year modify or supersede any multi-year leasing derstanding with all federal, state, or local 1998 is considering these same issues, and authority granted to the Director of Central law enforcement agencies with which the note that several of these provisions will Intelligence under section 8, as presently CIA will exercise concurrent jurisdiction in likely be included in that conference report. construed. The managers also concurred the 500 foot zones. The Director of Central Without waiving jurisdiction, the managers with the reporting requirement contained in Intelligence shall submit such Memoranda of agreed not to include these provisions in the the Senate report for covert leases and re- Understanding to the Select Committee on conference report. quest that the report be provided to both Intelligence of the Senate and the Perma- Section 605 established new requirements committees. nent Select Committee on Intelligence of the relating to the Congressional Budget Jus- SEC. 402. SUBPOENA AUTHORITY FOR THE INSPEC- House of Representatives. The Director of tification Books (CBJBs). The managers un- TOR GENERAL OF THE CENTRAL INTELLIGENCE Central Intelligence is also expected to de- derstand that the Community Management AGENCY velop a training plan to familiarize the Staff is currently revising the structure of Section 402 amends section 17(e) of the CIA Agency’s security protective officers with the CBJBs and the material contained there- Act of 1949 to provide the CIA Inspector Gen- their new authorities and responsibilities. in in an effort to make these documents eral (IG) with authority to subpoena records The Director of Central Intelligence shall more informative and responsive to congres- and other documentary information nec- submit such plan to the Select Committee on sional needs. The managers urge the Commu- essary in the performance of functions as- Intelligence of the Senate and the Perma- nity Management Staff to continue to work signed to the IG. Section 402 is identical to nent Select Committee on Intelligence of the with those committees that use the CBJBs section 402 in the Senate bill. The House House of Representatives not later than 30 to address the concerns raised by those com- amendment had no similar provision. days after the enactment of this provision. mittees regarding the content and structure The Inspectors General throughout the Section 404 also includes a reporting re- of the CBJBs. In light of this on-going re- Federal Government are responsible for iden- quirement so that the intelligence commit- view, the managers agreed to defer legisla- tifying corruption, waste, and fraud in their tees may closely scrutinize the exercise of tive action pending the outcome of those dis- respective agencies or departments. All this new authority. cussions. other statutory Inspectors General have sub- SEC. 405. ADMINISTRATIVE LOCATION OF THE OF- From the Permanent Select Committee on poena authority to compel the production of FICE OF THE DIRECTOR OF CENTRAL INTEL- Intelligence, for consideration of the Senate records and documents during the course of LIGENCE bill, and the House amendment, and modi- fications committed to conference: their investigations. The CIA IG’s enabling Section 405 is identical to section 303 of the PORTER GOSS, statute did not provide subpoena authority. House amendment and section 305 of the sen- BILL YOUNG, The managers agreed that the CIA IG needed ate bill. the same authority as other executive JERRY LEWIS, TITLE V—DEPARTMENT OF DEFENSE branch Inspectors General to adequately ful- BUD SHUSTER, INTELLIGENCE ACTIVITIES fill the CIA IG’s statutory obligations. BILL MCCOLLUM, SEC. 501. AUTHORITY TO AWARD ACADEMIC DE- MICHAEL N. CASTLE, SEC. 403. CENTRAL SERVICES PROGRAM GREE OF BACHELOR OF SCIENCE IN INTEL- SHERWOOD BOEHLERT, Section 403 establishes a ‘‘Central Services LIGENCE CHARLES F. BASS, Program’’ and its necessary working capital Section 501 is identical to section 501 of the JIM GIBBONS, fund at the CIA. Section 403 is similar to sec- House amendment and similar to section 501 NORM DICKS, tion 402 of the House amendment. The Sen- of the Senate bill. JULIAN C. DIXON, ate bill had no similar provision. The man- DAVID E. SKAGGS, SEC. 502. FUNDING FOR INFRASTRUCTURE AND agers welcome this initiative to make the NANCY PELOSI, QUALITY OF LIFE IMPROVEMENTS AT MENWITH administrative support services provided by JANE HARMAN, HILL AND BAD AIBLING STATIONS the CIA more efficient and competitive. IKE SKELTON, SEC. 404. PROTECTION OF CIA FACILITIES Section 502 is identical to section 502 of the SANFORD D. BISHOP, Senate bill and section 503 of the House Section 404 authorizes the CIA security From the Committee on National Security, amendment. protective officers to exercise their law en- for consideration of defense tactical intel- forcement functions 500 feet beyond the con- SEC. 503. UNAUTHORIZED USE OF THE NAME, INI- ligence and related activities: fines of CIA facilities and also onto the Fed- TIALS, OR SEAL OF THE NATIONAL RECONNAIS- FLOYD SPENCE, eral Highway Administration (FHWA) prop- SANCE OFFICE BOB STUMP, erty immediately adjacent to the CIA Head- Section 503 prohibits the unauthorized use Managers on the Part of the House. quarters compound, subject to certain limi- of the name, initials, or seal of the National From the Select Committee on Intelligence: tations. Section 404 is similar to section 403 Reconnaissance Office and consolidates all RICHARD SHELBY, of the House amendment. The Senate bill preexisting unauthorized use prohibitions for JOHN H. CHAFEE, had no similar provision. the Intelligence Community under one in DICK LUGAR, The managers recognized the growing section in subchapter I of chapter 21 of title MIKE DEWINE, threat of terrorist attacks and the particular 10, United States Code. Section 503 is similar JON KYL, attraction of CIA facilities as potential tar- to section 503 of the Senate bill and section JAMES INHOFE, gets of such attacks. The managers were also 502 of the House amendment. The managers ORRIN HATCH, sensitive, however, to the public’s reaction agreed to require the permission of both the PAT ROBERTS, to an unlimited grant of jurisdiction, consid- Secretary of Defense and the Director of WAYNE ALLARD, ering that the 500 foot zone extends onto res- Central Intelligence before any person may DANIEL COATS, idential property in some areas. Therefore, use the name, initial, or seal of the National BOB KERREY, the exercise of this new authority is ex- Reconnaissance Office, Defense Intelligence JOHN GLENN, pressly limited to only those circumstances Agency, the National Imagery and Mapping RICHARD H. BRYAN, October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9595 BOB GRAHAM, to give the public depots an over- Mr. HANSEN. Mr. Speaker, I appre- JOHN F. KERRY, whelming advantage. Sure, it lets the ciate the gentleman yielding me the MAX BAUCUS, competitions go forward, but it puts so time. CHUCK ROBB, many restrictions on the competitions Mr. Speaker, let me point out in re- FRANK LAUTENBERG, that it will be impossible for the pri- gard to what has happened that we all CARL LEVIN, From the Committee on Armed Services: vate contractors to win. know how BRACC went about it, the STROM THURMAN, In fact, recently the Sacramento Bee anguish we all felt as BRACC closed Managers on the Part of the Senate. quoted an industry representative who many bases, how tough it was, but we Mr. MOAKLEY. Mr. Speaker, I yield said, in response to the language in all went along with it. We knew the 5 minutes to the gentleman from Cali- this report we are voting on tonight, ‘‘I President had a few days in which he fornia [Mr. FAZIO], the chairman of the can’t conceive of a company that would could look at it. He had two choices, Democratic Caucus. bid for McClellan and Kelly under yes or no. He could not change it. Mr. FAZIO of California. Mr. Speak- these circumstances.’’ No disrespect to our President, but er, I thank the gentleman for yielding Not only is this so-called compromise he came up with a statement in this me this time. language not a compromise, it was also one, and said, I will get around this, Mr. Speaker, I rise today in strong negotiated in secret without the and in effect tried to do that by privat- opposition to the Defense Department knowledge or input of several members ization inplace. authorization bill and the accompany- of the authorization committee, in- Now, we have heard many things fly- ing conference report. I implore my cluding my good friend and colleague, ing around here. Let me point out, we colleagues to join me in voting against the gentleman from Texas, Mr. CIRO have only compromised this thing time that report. RODRIGUEZ who just spoke. This was after time after time. Seven times it Mr. Speaker, there are several rea- done in the dark of night by people who has been voted on over here; seven sons that this conference report is bad had an agenda. That was to make this times we won. It has been voted on in for the Nation. First and foremost, this floor think that it had compromised, the Senate and it won there. Now the when in fact they had wired the com- bill severely restricts the public-pri- conference report is before us. petition for an outcome. One of these charges is, the President vate competitions that are to take The President has said over and over will veto this. I think the Members place at McClellan Air Force Base in again that he would veto a defense au- should ask the gentleman from South Sacramento and Kelly Air Force Base thorization bill that would restrict the Carolina, Chairman SPENCE if a veto in San Antonio as mandated by the 1995 competitions at McClellan and Kelly. message has been issued. I know of no BRACC law. He has sent his advisers to talk to veto message that has been issued; b 1845 members of the committees about his also, that the Pentagon was not part of McClellan and Kelly Air Force Base commitment to vetoing this bill. In it. Let me tell the Members, I can give are closing and will be closed. But as fact, I received a letter from Secretary them personal knowledge that the Pen- McClellan closes, 15,000 jobs and the in- Cohen just a month ago that reiterated tagon was part of many of these com- frastructure that supports them will that veto threat. It is obvious that the promises, and it has been watered disappear from Sacramento’s economy. current language would severely re- down, and the idea that one of the Sen- This, by the way, is the third base clo- strict the competitions, and on that ators did not like the 60–40 rule, it went sure we have had in four BRACC basis alone I believe the President will to 50–50. I think almost all of these rounds. veto this bill. In fact, there is a letter charges we have just heard have been I am here to implore Members to sup- this evening from the Director of the answered. The charge that this is not fair com- port the BRAC Commission, however, Office of Management and Budget petition, the House has overwhelm- and its recommendation, and give DOD which says the following: ‘‘We need to ingly supported restoring integrity to the flexibility to use competitions as a ensure more competition from private the BRAC process by opposing sub- means to achieve lower costs and industry, not less. Billions of dollars in potential savings are at issue. These sidized privatization inplace. The com- greater efficiencies. It has been shown resources should be used to maintain promise bill requires full and open that competitions save money for the the U.S. fighting edge, not to preserve competition on all noncore work loads. American taxpayer. excess infrastructure. The impact on Anyone who reads this bill will see Without, for example, the recent the Department’s costs and our Na- that it is free and fair competition. competition for the C–5 work load done tion’s military capacity would be pro- Another charge on this floor, private at Kelly in the past, Warner-Robbins found if this report were adopted.’’ bidders should not have to pay for Gov- Air Logistic Center in Georgia would He says parenthetically, ‘‘The Presi- ernment assets. Closed bases represent have used over $100 million in new dent’s senior advisers would rec- hundreds of millions of dollars of Gov- military construction to build new ommend that he veto the bill.’’ There ernment assets owned by the American buildings to handle the work load. is no question, that will be the result if taxpayers. If a private sector company Instead, the contract was awarded on we continue down this path that we are wants to bid on Government contracts, the basis of a public-private competi- on tonight. But in addition, the con- they need to account for this cost to tion and Warner-Robbins won by com- ference report includes new restric- the taxpayers. ing up with a creative solution so their tions on supercomputer exports that Another charge: Depot maintenance bid would be competitive. That public- will have a profound impact on the Na- provisions are more restrictive and re- private competition for the C–5 work tion’s high-technology economy. Com- quire private work to be involved in- load saved taxpayers hundreds of mil- puter technology advances at such a house. That is absolutely false. The bill lions of dollars. rapid rate that the computers on many changes the 60–40 to 50–50, even includ- With the Federal budget being se- desks were once considered super- ing a full accounting. I urge people to verely constrained for the next several computers. The U.S. computer industry support this rule and support this con- years, it is critical we spend every de- leads the world in production and sales ference report. It is fair, and if it does fense dollar prudently. I am not asking of high-powered computers, and that anything, it upholds flaw. It amazes me DOD to just give the Sacramento work leading role will be harmed by the lan- that any of my colleagues would argue load to a private contractor. I am guage in this report. to violate the law of the land. merely asking that the private con- Please join me in opposing the de- Mr. MOAKLEY. Mr. Speaker, I yield tractors be given the opportunity to fense authorization conference report, 31⁄2 minutes to the gentleman from bid for the work on a level playing because it is bad for our national de- Maryland [Mr. HOYER], former Speaker field, just as they did in the instance of fense and bad for American taxpayers. of the House of Representatives in the that C–5 work. Mr. SOLOMON. Mr. Speaker, I yield 2 State of Maryland, and the present The depot maintenance language cur- minutes to the gentleman from Farm- chairman of the steering committee. rently in the DOD authorization report ington, Utah [Mr. HANSEN], who with- (Mr. HOYER asked and was given does not provide that level playing out question is one of the most re- permission to revise and extend his re- field. Instead, the language was crafted spected Members of this House. marks.) H9596 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Mr. HOYER. President of the Senate. House floor is that I did not make up through our fingers that are real Mr. Speaker, I thank the distin- that day, that was the President’s day. threats to our national security inter- guished chairman in exile of the Com- We sought to extend the time for him est. mittee on Rules for recognizing my to fulfill that commitment. For these two critical reasons, this former status in which I had some au- Mr. HOYER. Reclaiming my time, Member cannot support this aspect of thority. I have since lost that. Mr. Speaker, I appreciate the gentle- the conference report. However, this Mr. Speaker, this bill, in my opinion, man’s observation. Whoever’s date it Member would like to note that several recognizes the enormous contributions was, I did not agree with it. I tell my changes to the proposed language in of our military personnel. It acknowl- friend, I think it is a very significant the conference report could make it ac- edges the sacrifice and commitment re- tactical error to tell your enemy, and ceptable. For example, simply linking quired of those who choose to follow a in this case not our enemy but the ag- the post-shipment verification require- career in our military services. This gressing parties and the parties in ments to administration-proposed bill seeks to encourage their continued question, when you are going to take changes in the MTOPS level of control dedication and retention in several specific action. I think that is would answer this Member’s major con- very important ways. Military pay and tactically a mistake. I did not agree cern that we could ultimately be wast- quality of life is protected by a 2.8-per- with it, whether the President said it ing tremendous enforcement resources cent pay increase and emphasizes the or we said it. on monitoring computer exports that importance of military housing, con- Mr. SOLOMON. Mr. Speaker I proud- are no longer a threat to national secu- struction, and improvements. It pro- ly yield such time as he may consume rity. vides for child development centers for to the gentleman from Lincoln, Ne- Such a change, if coupled with more our troops and their families. It pro- braska [Mr. BEREUTER], one of the reasonable short periods for approval of vides $35 million to continue impact most outstanding and respected Mem- administration-requested changes in aid, important in my area and around bers of this body, sent to us 19 years MTOPS control levels, would ensure the country. ago next month by the people of Lin- that our export control regime would Furthermore, Mr. Speaker, it pro- coln, Nebraska, and surrounding envi- keep up with advances in computer vides our war fighters with the best rons. He is still with us. technology. possible equipment, $293.9 million in (Mr. BEREUTER asked and was Mr. Speaker, this Member certainly particular for R&D for the Navy’s given permission to revise and extend believes we must be very cautious to Super Hornet. This is an investment, his remarks.) ensure that our high-technology ex- Mr. Speaker, which keeps this critical Mr. BEREUTER. Mr. Speaker, I ports are not available to those who program on track, reaching the fleet by thank the chairman of the committee threaten our national security inter- 2001. The Super Hornet is proving to be for yielding time to me. ests. But we must be careful in a time one of DOD’s most successful accusa- I rise in support of the rule, but I of limited resources to recognize our tion programs. wish to speak now tonight as an out- limitations on our ability to control all Also, Mr. Speaker, the committee in- side conferee on the House Committee potentially dangerous items. One of the creased funding for the joint strike on International Relations assigned to best ways we can protect our national fighter. This will accelerate the pro- this legislation on the issue of super- security is to first monitor and disclose gram to meet Navy requirements and computer exports and the regulations those entities in foreign countries that ensure our continued air superiority thereof. represent a threat to our interests. and pilot survivability. This Member rises to express his seri- b 1900 In addition, Mr. Speaker, this bill ad- ous concerns about the conference dresses our national security interests. committee’s proposed statute changes Then we can demand that U.S. ex- It emphasizes our concerns for the to our current supercomputer licensing porters simply not export to those en- most appropriate use of our military process. Unfortunately, the jurisdic- tities and, if necessary, initiate crimi- forces in Bosnia. Unlike the House bill tion of the Committee on International nal proceedings against U.S. exporters as it left here, this bill does not com- Relations on this subject was almost if they fail to comply. pletely tie the hands of our President totally ignored. Mr. Speaker, I invite my colleagues and the Joint Chiefs, in my opinion, in- The proposed statute changes have at to read the rest of my remarks in the appropriately. least two fundamental flaws. First, RECORD. As we learned so painfully during the they do not adequately recognize or This Member has insisted on such an ap- 4-year-long conflict in Bosnia, the ag- take into account how quickly com- proach to officials of the Bureau for Export Ad- gressors are bullies and worse. Mr. puter processing speeds become out- ministration in the Department of Commerce. Speaker, if we and our NATO allies are dated. They, therefore, ensure that our In part, because of this Member's insistence not willing to confront the bullies in regulatory framework for licensing and that of the Chairman GILMAN that the Ad- Bosnia, the aggressors, and who I call supercomputers will always be chron- ministration must be more proactive on this bullies. In fact, in many respects many ically outdated relative to techno- issue, the Administration has now identified of them are war criminals. If we and logical change. end-users of concern in these countries and our NATO allies are not willing to Second and perhaps more impor- has agreed to update that list on a periodic confront these criminals in Bosnia and tantly, these proposed changes force basis. lay the groundwork for long-term the U.S. Government and our export In conclusion on this subject, Mr. Speaker, peace in that region, we will encourage control enforcement personnel to focus this Member is convinced that the House the transgressions that have appeared too many resources and personnel on International Relations Committee was moving in the past to reoccur and ensure that monitoring the export of not so super, in the proper direction to remedy the unlawful we will act again sometime, some- relatively slow computers that are no sale of supercomputers to bad or dangerous where. That, Mr. Speaker, is the lesson longer either controllable or, for that end-users. Building on the Senate study initia- of history. We must not forget. matter, sufficiently threatening to our tive to determine exactly what level of com- I congratulate the conferees for in- national security interests. puter technology should be controlled, we had cluding in this bill compromise lan- By requiring our export enforcement expressed our intentions to compel the Admin- guage which will not hamstring the personnel to complete post-shipment istration to develop a comprehensive and effi- President or compromise our commit- verification on any 2000 MTOPS level cient policy that places the appropriate high ment. of computer export, this legislation di- priority on protecting U.S. national security. Mr. BUYER. Mr. Speaker, will the verts precious resources away from Such a policy, however, cannotÐwithout sub- gentleman yield? monitoring high technology exports stantial costsÐattempt to reimpose a ``one- Mr. HOYER. I yield to the gentleman that are a serious threat to our na- size-fits-all'' licensing policy on computer tech- from Indiana. tional security. Requiring such a shot- nology that nearly all exports recognize is sim- Mr. BUYER. Just on the point on gun approach to export control makes ply not permanently and completely control- Bosnia, Mr. Speaker, part of the pur- it more likely that we could easily let lable. Instead, such a policy should focus on pose I brought that legislation to the serious technology diversion slip identifying bad end-users and making certain October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9597 that such entities do not acquire any tech- causing mischief here that will hurt of proof in a civil tax case. The Repub- nology that is damaging our national security American national security. licans have just added it to the IRS re- interests. Mr. SOLOMON. Mr. Speaker, I yield 1 form bill. For 12 years they would not And lastly, on another subject, Mr. Speaker, minute to the gentleman from Santa hold a hearing on military troops on this Member gratefully acknowledges and Clarita, CA [Mr. MCKEON]. our border. Here is what I would like to commends the support of Chairman SPENCE Mr. MCKEON. Mr. Speaker, I rise in say to my Democrat colleagues. We and the ranking member, Mr. DELLUMS, as support of the rule for the conference will probably stay the minority the well as the conferees for their support of this report to H.R. 1119, the National De- way we are doing business around here. Member's language supporting the commit- fense Authorization Act. Mr. Speaker, young students aged 12 ment to retain 100,000 U.S. military personnel Although it has taken a long time to to 17 years old, the use of heroin is, in the Asia-Pacific region. This is an important get to this point, I want to encourage quote-unquote, ‘‘at historic levels.’’ symbolic message, reiterated at the initiative my colleagues to support this con- Experts tell us that the major point of Chairman SPENCE and this Member that the ference report. source for heroin and cocaine is coming United States will remain militarily engaged in Mr. Speaker, the Department of De- across the Mexican border. the Asia-Pacific region for the long termÐspe- fense needs this bill to be enacted so Our troops are guarding the borders cifically that we should not reduce our military that it can implement reforms and in Bosnia and the Middle East. They and naval presence in the region. manage its vast resources as effec- were, in fact, administering rabies vac- Mr. MOAKLEY. Mr. Speaker, I yield tively as possible. cinations to dogs in Haiti. There has 2 minutes to the gentleman from Con- This conference report funds impor- been a recent earthquake in Italy, and necticut [Mr. GEJDENSON], the ranking tant modernization and research initia- our troops are literally building homes member in waiting of the Committee tives that are vital to our Nation as in Italy. And while the staff is laughing on International Relations. our military continues to downsize. about it, we are saying we cannot bring Mr. GEJDENSON. Mr. Speaker, I While I cannot say that I totally agree it down by having our troops help to would like to join the gentleman from with all of the provisions contained in secure our borders. Nebraska [Mr. BEREUTER], my friend, the report, I am supporting it because Mr. Speaker, I am going to resubmit to say that this particular language on it reflects the hard work of our chair- that bill with a couple of concerns the the computers not only will squander man and embodies the strong commit- Republican Party has, and I am going America’s security resources on a prod- ment for the defense of our Nation, to ask for some chairmen to sit down uct that is rapidly generally available, given the parameters with which we and look at the common sense. Our Na- and is even today generally available, had to work with the budget agreement tion is going to hell in a hand basket. but it will be the attempt to control with the President. Other than China, the biggest national our laptop and desktop computers Mr. Speaker, I urge my colleagues to security threat facing America is nar- within a year or two. The computers vote ‘‘yes’’ on the rule and the con- cotics, and they are coming across the that we will have on our desks by the ference report. border and we have no program. year 2000, 2002, will be traveling at 1 or Mr. MOAKLEY. Mr. Speaker, I yield It is a joke. And, yes, I am admitting 2 MTOPS. 1 minute to the gentlewoman from as a Democrat, the Democrats killed it. Beyond that, if my colleagues watch North Carolina [Mrs. CLAYTON]. I am going to ask the Republicans to the news, what just happened? Two de- Mrs. CLAYTON. Mr. Speaker, ap- velopments in computer technology, take a look at a national security ini- proximately 4,206 Army Reserve and going to copper and having multiple tiative that this Nation needs. Maybe National Guard members were de- levels of recognition in each cell, is the majority party will once again re- ployed to Europe as a part of our sec- going to change the speed at which new alize what the Nation is looking for ond rotation for Operation Joint generations occur. and needs. This is an industry where 18 months Guard. These brave men and women The military does not want it. That was a lifetime. If Members want us to were caught in the middle of an admin- is true. The military wants appropria- stay out in front for our defense and istrative policy change concerning the tions. I think it is time that the civil- economic needs, then we have to be payment of the shipment of their per- ian government straightens out our able to market products as soon as sonal property. We thought this in- borders and straightens out our Nation. they come up, if they do not threaten equity would be taken care of in the Mr. Speaker, let me tell my col- American national security. conference report. It was not, because leagues one last thing. The Drug En- Mr. Speaker, these products do not it was determined to be out of scope of forcement Administrator said that threaten our national security. We are the bill. these new sophisticated organized soon going to have a shelf life of less However, it received wide bipartisan criminal groups in Mexico make the than a year. If we put the process in support. I plan, therefore, to introduce Colombia group look like Boy Scouts. this kind of manner, we are going to a freestanding bill to facilitate reim- So, yes, my Democrat colleagues end up with computers that are out- bursing the 4,206 soldiers as quickly as killed it this time; we will resubmit it dated operating the American system. possible. and maybe we will get some hearings It is the same thing that was done in Mr. Speaker, I urge all of my col- on the Republican side so the Repub- machine tools. My colleagues did it to leagues to join me in supporting this so licans could continue to stay in the machine tools. They stopped American that the families can have equity and majority. Beam me up. How dumb we companies from exporting them be- we can support our National Guard and are as a party. cause they said it was national secu- Reserve troops by sponsoring this bill. Mr. SOLOMON. Mr. Speaker, I yield 1 rity. Now we buy our machine tools Mr. MOAKLEY. Mr. Speaker, I yield minute to the gentleman from Monti- from Japan. 3 minutes to the gentleman from Ohio cello, IN [Mr. BUYER], a veteran of the Mr. Speaker, I urge my colleagues, [Mr. TRAFICANT]. gulf war. The gentleman is doing an ‘‘Do not do to the machine computer Mr. TRAFICANT. Mr. Speaker, I lis- outstanding job as the chairman of our industry what you did to the machine tened carefully to the debate so far and Subcommittee on Personnel for the tool industry.’’ I listened to the gentleman from New Committee on Armed Services This is a very bad time to try to slow York [Mr. SOLOMON] talk about the Mr. BUYER. Mr. Speaker, I would down the process of exports. The speed fact that China has an opportunity to ask everyone to support this rule. My at which new generations and faster establish a beachhead on our shores. I concerns have been addressed not only computers develop is going to be cut in knew, because the Democrats had told in this bill, but I also appreciate the half from 18 months to as little as 9 me in advance, that they would knock leadership of Chairman SOLOMON. months. If we tie up the sale of these my provision out of the Defense au- Mr. Speaker, many in this body know computers, we will only cripple Ameri- thorization bill to provide more mili- that I took on the issue of sexual mis- ca’s future and thereby endanger its tary troops to the border. conduct in the U.S. military. This bill defense. Mr. Speaker, I want the Democrats addresses a lot of those issues. In this Mr. Speaker, I know the gentleman is to listen to this. For 12 years they bill it addresses a range of these issues well-intentioned, but the gentleman is would not hold a hearing on the burden that emerged during the Subcommittee H9598 CONGRESSIONAL RECORD — HOUSE October 28, 1997 on Personnel’s examination of sexual license for civilian end-use. The U.S. Mr. CUNNINGHAM. Mr. Speaker, I misconduct in the military. Government made this policy after the feel like bottom gun tonight because I The conference report provides for a Department of Defense, the State De- am upset with this bill. review of the ability of the military partment, and the Commerce Depart- First of all, in the light of Com- criminal investigative services to in- ment concluded it would not jeopardize munist China trying to influence the vestigate crimes of sexual misconduct national security. White House and the DNC, the Presi- and mandates a series of reforms to However, Mr. Speaker, the con- dent gives $50 million to a coal-burning drill sergeant selection and training. ference report would repeal this sen- plant in China. Then he shuts down The bill also addresses my concerns sible policy and try to limit exports of Idaho coal burning in the district of with the loss of rigor and warrior spirit technology that has already been wide- the gentleman from Utah [Mr. HAN- that is occurring in our basic training. ly available for purchase abroad for SEN]. Then he gives sweetheart deals to This bill requires an independent con- over 3 years. Since competitive prod- Lippo Bank with Trie, Riady, Huang gressional panel to assess reforms to ucts are already available from our for- and billions of dollars for Lippo Bank. military basic training, including a de- eign competitors, such a policy would It is okay for China to take over a termination of the merits of gender-in- hurt U.S. computer companies without national security base now at Long tegrated and gender-segregated basic improving our national security in any Beach Naval Shipyard. One person shut training as well as the method to at- way. down Kelly. One person shut down tain the training objectives established This year, U.S. sales of these comput- McClellan and Long Beach Naval Ship- by each of the services. ers to Tier III countries will total yard. That is the President of the Unit- Mr. Speaker, we also have taken on about $500 million. By 2000, this num- ed States in the BRACC process. Then the issues of military pay, increased ber is expected to grow to between $1.5 he entered into a political deal during housing allowances in high cost areas, billion and $3 billion in a total world- the political election to try and pri- retained the statutory floors on end wide market of $7 billion to $12 billion. vatize those two bases. strength and many other areas. That is why I believe that the U.S. Ex- COSCO, right after Hutchinson took Mr. Speaker, this is a very good bill port Administration in their fax to me over both ends of the Panama Canal, and I encourage all Members to support on Friday indicated, quote, the President said, it is okay for a it. The waiting periods in the bill are an af- Communist-Chinese-run organization Mr. MOAKLEY. Mr. Speaker, I yield front to normal decisionmaking processes, to take over a national security base at 1 minute to the gentleman from Vir- are unnecessary, and make no technological Long Beach. I do not mind if they are ginia [Mr. MORAN]. sense, a tenant like they have been. But intel Mr. MORAN of Virginia. Mr. Speak- Furthermore, the U.S. Export Ad- says that COSCO has currently, and in er, I want to address the issue that the ministration fax to me, said: the past, been involved in espionage, in gentleman from Ohio [Mr. KASICH] The requirement to conduct postshipment intelligence work for both the military brought up with regard to Bosnia. The checks will become an extraordinary re- and industry. They will ship in and reason that we are in Bosnia, there are source burden, is unadministrable, and is un- ship out those issues. two reasons. One is to save lives, and necessary. COSCO, this is the same COSCO that the second is American leadership. Mr. Speaker, supporters of this rolled out the pier, knocked out the Mr. Speaker, the fact that we did not amendment will invariably bring up pier in New Orleans. This is the same get involved in Bosnia when we could, anecdotal stories about inappropriate COSCO shipping yard that took two and I think we should have, trying to computer sales. Certainly we must pre- boat loads of illegals off the shore of defer to Europe, ultimately resulted in vent powerful computers from ending California. This is the same shipping the loss of a quarter of a million lives. up in the wrong hands. Current U.S. company that shipped in chemical and We are in Bosnia to save lives. I think law restricts such sales. We should ab- biological weapons to Iran, Iraq, and when we have the capability to do that, solutely discuss ways to improve com- Libya. This is the same COSCO that I think we have some moral respon- munications between exporters and the shipped in nuclear components to sibility to do so. agencies that track dummy civilian Libya, the same COSCO that shipped in The second issue is one of American end-users. AK–47s. This is the same group that the leadership. We have the capacity, the However, restrictions on domestic ex- Chinese had said, when Taiwan was military capability, and I think the porters will not stop anyone from get- being shelled by China, do you prefer moral resolve to do the right thing ting 7,000, or even greater, MTOPS Los Angeles or do you want Taiwan? throughout the world where we are computers because they are already Now, the President is going to allow needed. That is what this bill is all available across the globe. Moreover, them to take over a national security about. It is about sustaining America’s current law includes strong penalties base in California, just south of Los global military leadership. That is why for companies that sell to military Angeles? No. We cannot allow this to I support this bill. users or sell restricted technologies. happen. The House gave in to the Sen- Mr. MOAKLEY. Mr. Speaker, I yield Several companies are currently under ate position, Mr. Speaker. That is 3 minutes to the gentlewoman from investigation under these laws. We do wrong. We ought to fight this. We California [Ms. LOFGREN]. not need new legislation to maintain should not let Communist Chinese take (Ms. LOFGREN asked and was given national security. over our bases in this country. We permission to revise and extend her re- Violations of current laws can result ought to fight tooth, hook and nail to marks.) in a 20-year prohibition on all exports, stop it. I fought, and they are going to Ms. LOFGREN. Mr. Speaker, I rise in prison terms of up to 10 years, and take it over my dead body. opposition to the rule and the con- fines of up to $50,000 per violation. Mr. SOLOMON. Mr. Speaker, I yield 3 ference report due to the inclusion in The Spence-Dellums amendment in- minutes to the gentleman from San the bill of unnecessarily restrictive ex- cluded in the conference report will Diego, CA [Mr. HUNTER]. Back in 1980, port controls on computer products. add layers of bureaucratic impedi- a man I deeply admire came to this Two years ago, the administration ments, and I would urge my colleagues Capital. His name was Ronald Reagan. determined in an uncontested study to vote against the rule. He was accompanied by the gentleman that computers of at least 5,000 b from California [Mr. HUNTER]. MTOPS, that is millions of theoretical 1915 Mr. HUNTER. Mr. Speaker, I thank operations per second, were currently Mr. SOLOMON. Mr. Speaker, I yield 2 my great friend on national security, widely available worldwide and that minutes to the gentleman from Del the gentleman from New York [Mr. computers up to 7,000 MTOPS would be Mar, California [Mr. CUNNINGHAM]. SOLOMON] for yielding me this time. available the next year; that is, this Many C–SPAN viewers will remember Let me say a couple things about this year. the movie ‘‘Top Gun.’’ The next speak- bill. Based on that study, the current pol- er’s military life was patterned after First, we are on a downswing with re- icy allows exports of computers be- that movie. He is a fighter pilot from spect to defense spending. The force tween 2,000 and 7,000 MTOPS without a the Vietnam war. structure that we have now has gone October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9599 down from 18 Army divisions that we second, known as MTOPS, that are ex- Now you know why I have such great had during Desert Storm to 10. We have ported to so-called Tier III countries respect for the gentleman from Califor- gone down from 24 fighter airwings to must have a license. All transactions nia [Mr. DELLUMS]. only 13, roughly half the air power that must have a license unless the sale is Let me finish on a high note, just to we had. We have gone down from 546 to a so-called civilian end user for ci- call attention to the fact that this con- naval vessels to 346. We are at what I vilian end use and the performance ference report does contain my amend- would call the bottom of a dangerous level is below 7,000 MTOPS. ment on the Bosnia troop medal. My downswing. Now, what is the legislative change provision was approved in the con- In this bill, we have tried to pull up that we propose? That the U.S. Govern- ference that awards all U.S. troops who the modernization levels a little bit ment must review civilian end users, have served in Operation Joint Endeav- and we have done that. We have not civilian end use exports between 2,000 or and Operation Joint Guard in Bosnia done it as much as we would like to. I and 7,000 MTOPS in Tier III countries. with the Armed Forces Expeditionary The review by the Secretary of De- think we have been too constrained by Medal. the budget. I think we are going to pay fense, Commerce, Energy, State and for that in later conflicts. But this bill the Director of the Arms Control and The significance of that medal is that is better than what we had before. Disarmament Agency must be con- it is a campaign level badge unlike the With respect to supercomputers, the ducted within 10 days. service award that was going to be gentleman from Connecticut [Mr. Mr. Speaker, 10 days is reasonable. awarded by the DOD. Even better, the GEJDENSON] talked about this saying it So people who want to sell computers campaign level badge makes these was just totally off base. We have had cannot stop for 10 days to allow the American troops that have served in about 80 supercomputer transactions in government to look at the efficacy of Bosnia eligible for veterans preference which the Chinese and the Russians the transaction. Ten days. We are the and Federal employment. That is the have received American high perform- government. We have some responsibil- way to follow through on rewarding ance supercomputers over the last cou- ity here. those who devote themselves to service ple of years. Right now we allow Amer- I have spent 27 years of my life as an in our all-voluntary military. ican companies to engage in a fiction. arms control person here. I will not be I want to thank the gentleman from If they are told that the supercomputer rolled by hyperbole that does not ad- South Carolina [Mr. SPENCE], and the is going to go to the Agriculture De- dress the reality of what it is we are gentleman from California [Mr. DEL- partment in China, they can ship it. If trying to do here. LUMS], and the House negotiators for they are told it is going to go to the Lack of any objection authorizes ex- sticking with it and to the Senate for People’s Liberation Army, the military port. So if you look for 10 days, there is accepting this proposal. It is very im- complex, nuclear weapons complex, nothing there, the export goes. Objec- portant to our men and women who they cannot ship it. So the bad guys tion by any of the five requires a li- serve in the military in Bosnia. cense review. That protects us as a have caught on. They simply stamp Mr. Speaker, I yield back the balance ‘‘agriculture’’ on the invoices and our government for a variety of reasons. Now, let me tell my colleagues the of my time, and I move the previous people ship it off to them. question on the resolution. All we did, this was a well-reasoned second significant piece. One argument provision that the gentleman from is, this is an industry that moves fast The previous question was ordered. California [Mr. DELLUMS], and the gen- and 7,000 MTOPS may be obsolete to- The SPEAKER pro tempore. The tleman from South Carolina [Mr. morrow, whatever. This bill allows the question is on the resolution. SPENCE] put in this thing, almost President to change the performance The question was taken; and the unanimously supported by the commit- threshold and that change will go into Speaker pro tempore announced that tee. It simply says if you trust the Sec- effect after a 10-day period of congres- the ayes appeared to have it. retary of Defense and you want to sional review, allowing us to do our Mr. MOAKLEY. Mr. Speaker, I object make a supercomputer sale, show it to job. to the vote on the ground that a Mr. Speaker, I argued during the con- him. Let the Secretary of Defense look quorum is not present and make the text of the debate that whatever level at your supercomputer sale and review point of order that a quorum is not Members want to raise the MTOPS, it and make sure it is going to a benign present. use. It is not going to a nuclear weap- raise them. If we want to make them 7, 10, 20,000, whatever we raised them to, The SPEAKER pro tempore. Evi- ons complex. It is not going to military dently a quorum is not present. use, and it is not going to accrue later we give the President the flexibility to to the detriment of our men and do it, but we as a government ought to The Sergeant at Arms will notify ab- women in uniform. This is a well- be able to control export. Otherwise sent Members. thought-out provision. I would hope why are we here. So all this hyperbole The vote was taken by electronic de- that Members would support this bill that talks about allowing the industry vice, and there were—yeas 353, nays 59, and nobody would vote against this bill to go forward selling, the reason why not voting 21, as follows: we set policy is because our foreign because of the supercomputer provi- [Roll No. 533] sions that are in it. policy should not be driven solely by YEAS—353 Mr. MOAKLEY. Mr. Speaker, I yield commercial interests. the balance of my time to the gen- We have a fiduciary responsibility to Abercrombie Blunt Chenoweth our people in this country for a variety Aderholt Boehlert Christensen tleman from California [Mr. DELLUMS], Allen Boehner Clayton the ranking member. of different reasons. For those reasons Archer Bonilla Clement Mr. SOLOMON. Mr. Speaker, I yield 1 I would argue strenuously that the pro- Armey Bonior Coburn minute to the gentleman from Califor- visions in this bill dealing with high Bachus Bono Collins performance computer export policy is Baesler Boswell Combest nia [Mr. DELLUMS]. Baker Boyd Condit The SPEAKER pro tempore (Mr. reasonable and it makes sense. Baldacci Brady Cook SNOWBARGER). The gentleman from For those who think that it does not, Ballenger Brown (FL) Cooksey California [Mr. DELLUMS] is recognized we are simply talking about commer- Barcia Bryant Costello Barr Bunning Cox 1 for 3 ⁄2 minutes. cial interests. I think that our arms Barrett (NE) Burr Coyne Mr. DELLUMS. Mr. Speaker, I thank control interests, that our govern- Bartlett Burton Cramer the gentlemen for their generosity. mental interests ought to balance out Barton Buyer Crane Mr. Speaker, as far as this gentleman some kind of way. That is our respon- Bass Callahan Crapo Bateman Calvert Danner is concerned, there has been a great sibility. For those reasons, I urge my Bereuter Camp Davis (FL) deal of hyperbole around the issue of colleagues, whether they support the Berry Campbell Davis (VA) high performance computer export pol- conference report or not, support this Bilbray Canady Deal Bilirakis Cannon DeLauro icy. Let us state, first of all, the facts. particular policy. It does make sense. Bishop Carson DeLay What is the current policy? It is reasonable. Blagojevich Castle Dellums All computers of performance above Mr. SOLOMON. Mr. Speaker, I yield Bliley Chabot Diaz-Balart 2,000 million theoretical operations per myself the balance of my time. Blumenauer Chambliss Dickey H9600 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Dicks Kingston Regula Cummings Hilliard McKinney problems confronting our military. Al- Dixon Kleczka Reyes Cunningham Hinchey Obey Dooley Klink Riggs Davis (IL) Jackson (IL) Olver though we had to compromise on a Doolittle Klug Riley DeFazio Johnson (WI) Owens number of significant Pentagon reform Doyle Knollenberg Roemer DeGette Kasich Rangel provisions adopted on the House floor Dreier Kolbe Rogan Delahunt Kind (WI) Rivers earlier this year due to strong adminis- Duncan LaHood Rogers Deutsch Kucinich Rodriguez Dunn Lampson Rohrabacher Dingell LaFalce Rush tration opposition, this conference re- Edwards Largent Ros-Lehtinen Doggett Lantos Sanders port nonetheless compels further re- Ehlers Latham Rothman Ensign Lofgren Serrano forms in how the Department of De- Ehrlich LaTourette Roybal-Allard Eshoo Lowey Tauscher fense is structured and how it conducts Emerson Lazio Royce Everett Luther Thompson Engel Leach Ryun Fazio Markey Waters much of its business. English Levin Sabo Filner Martinez Waxman On the major issues the conferees had Etheridge Lewis (CA) Salmon Frank (MA) Matsui Wexler to address, issues such as the B–2 Evans Lewis (GA) Sanchez Furse McCarthy (NY) Woolsey Ewing Lewis (KY) Sandlin Gordon McDermott bomber, the funding cutoff for Bosnia, Farr Linder Sanford depots and more, this conference report NOT VOTING—21 Fattah Lipinski Sawyer clearly represents a compromise Fawell Livingston Saxton Andrews Cubin Payne among many interested parties. I Foglietta LoBiondo Scarborough Borski Flake Roukema Foley Lucas Schaefer, Dan Boucher Gonzalez Schiff would simply refer anyone who doubts Forbes Maloney (CT) Schaffer, Bob Brown (CA) Houghton Schumer this back to the bipartisan conference Ford Maloney (NY) Scott Capps Hulshof Stark report signature sheets. On balance, Fowler Manton Sensenbrenner Coble McIntosh Weldon (FL) this conference report strikes a fair Fox Manzullo Sessions Conyers Mollohan Yates Franks (NJ) Mascara Shadegg balance between numerous competing Frelinghuysen McCarthy (MO) Shaw b 1948 and conflicting interests, and it de- Frost McCollum Shays Mr. RUSH changed his vote from serves the support of all Members. Gallegly McCrery Sherman Ganske McDade Shimkus ‘‘yea’’ to ‘‘nay.’’ Mr. Speaker, I am able to present Gejdenson McGovern Shuster Mr. ABERCROMBIE changed his vote this conference report to the House Gekas McHale Sisisky from ‘‘nay’’ to ‘‘yea.’’ today due only to the tireless efforts of Gephardt McHugh Skaggs all the House and Senate conferees as Gibbons McInnis Skeen So the resolution was agreed to. Gilchrest McIntyre Skelton The result of the vote was announced well as the staff. It is the product of Gillmor McKeon Slaughter as above recorded. teamwork, which is the only way a bill Gilman McNulty Smith (MI) A motion to reconsider was laid on of this size and complexity gets done. Goode Meehan Smith (NJ) Goodlatte Meek Smith (OR) the table. In particular, I want to recognize the Goodling Menendez Smith (TX) Mr. SPENCE. Mr. Speaker, pursuant diligence, dedication and cooperation Goss Metcalf Smith, Adam to House Resolution 278, I call up the of the subcommittee and panel chair- Graham Mica Smith, Linda conference report on the bill (H.R. 1119) men and ranking members, the gen- Granger Millender- Snowbarger Green McDonald Snyder to authorize appropriations for fiscal tleman from California [Mr. HUNTER], Greenwood Miller (CA) Solomon year 1998 for military activities of the the gentleman from Missouri [Mr. Gutierrez Miller (FL) Souder Department of Defense, for military SKELTON], the gentleman from Penn- Gutknecht Minge Spence Hall (OH) Mink Spratt construction, and for defense activities sylvania [Mr. WELDON], the gentleman Hall (TX) Moakley Stabenow of the Department of Energy, to pre- from Virginia [Mr. PICKETT], the gen- Hamilton Moran (KS) Stearns scribe personnel strengths for such fis- tleman from Virginia [Mr. BATEMAN], Stenholm Hansen Moran (VA) cal year for the Armed Forces, and for the gentleman from Virginia [Mr. SISI- Harman Morella Stokes Hastert Murtha Strickland other purposes. SKY], the gentleman from Colorado Hastings (FL) Myrick Stump The Clerk read the title of the bill. [Mr. HEFLEY], the gentleman from Hastings (WA) Nadler Stupak The SPEAKER pro tempore [Mr. Texas [Mr. ORTIZ], the gentleman from Sununu Hayworth Neal SNOWBARGER]. Pursuant to the rule, Hefley Nethercutt Talent Indiana [Mr. BUYER], the gentleman Hefner Neumann Tanner the conference report is considered as from Mississippi [Mr. TAYLOR], the gen- Herger Ney Tauzin having been read. tleman from New York [Mr. MCHUGH] Hill Northup Taylor (MS) (For conference report and state- and the gentleman from Massachusetts Hilleary Norwood Taylor (NC) Hinojosa Nussle Thomas ment, see proceedings of the House of [Mr. MEEHAN]. Had it not been for their Hobson Oberstar Thornberry October 23, 1997, at page H9076.) efforts, this conference report would Hoekstra Ortiz Thune The SPEAKER pro tempore. The gen- not have been completed. Holden Oxley Thurman tleman from South Carolina [Mr. Hooley Packard Tiahrt I would also like to thank the gen- Horn Pallone Tierney SPENCE] and the gentleman from Cali- tleman from California [Mr. DELLUMS], Hostettler Pappas Torres fornia [Mr. DELLUMS] each will control the committee’s ranking member, for Hoyer Parker Towns 30 minutes. his cooperation and support. As al- Hunter Pascrell Traficant The Chair recognizes the gentleman Hutchinson Pastor Turner ways, his diligence and involvement Hyde Paul Upton from South Carolina [Mr. SPENCE]. made the process work better and is a Inglis Paxon Velazquez Mr. SPENCE. Mr. Speaker, I yield central factor underlying the biparti- Istook Pease Vento myself such time as I may consume. Jackson-Lee Pelosi Visclosky san support this conference report en- (TX) Peterson (MN) Walsh (Mr. SPENCE asked and was given joys. Jefferson Peterson (PA) Wamp permission to revise and extend his re- Finally, Mr. Speaker, I want to Jenkins Petri Watkins marks.) thank the staff of the National Secu- John Pickering Watt (NC) Mr. SPENCE. Mr. Speaker, the fiscal Johnson (CT) Pickett Watts (OK) rity Committee. They have once again Johnson, E. B. Pitts Weldon (PA) year 1998 defense authorization bill demonstrated their professionalism Johnson, Sam Pombo Weller emerged from committee earlier this and have done an outstanding job put- Jones Pomeroy Weygand year with strong bipartisan support, ting together this legislation. Kanjorski Porter White Kaptur Portman Whitfield and I am glad to be able to say the Mr. Speaker, this is an important Kelly Poshard Wicker same thing about the conference re- piece of legislation that enjoys strong Kennedy (MA) Price (NC) Wise port. Despite weeks of give and take bipartisan support. I urge each and Kennedy (RI) Pryce (OH) Wolf and often difficult compromise, 33 of every one of my colleagues to support Kennelly Quinn Wynn Kildee Radanovich Young (AK) the 36 National Security Committee the conference report. Kilpatrick Rahall Young (FL) conferees signed the conference report, Mr. Speaker, I reserve the balance of Kim Ramstad as did all Republican and Democrat my time. King (NY) Redmond conferees from the other body. Mr. DELLUMS. Mr. Speaker, I yield NAYS—59 Like the House-passed bill, the con- myself such time as I may consume. ference report takes a balanced ap- First, I would like to thank the distin- Ackerman Bentsen Cardin Barrett (WI) Berman Clay proach to addressing a number of qual- guished gentleman from South Caro- Becerra Brown (OH) Clyburn ity of life, readiness and modernization lina [Mr. SPENCE] for engaging in a October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9601 process which did indeed include the gress over the inadequate budget plans Mr. Speaker, I do so for the purpose minority. It was both bipartisan and put forward by the administration. of telling this body that I neglected to congenial. That notwithstanding, Mr. b 2000 mention the fact that the gentleman Speaker, I personally will not be sup- from Hawaii [Mr. ABERCROMBIE], the porting this conference report for the For example, in constant dollars, the ranking member on the maritime following reasons: administration requested 25 percent panel, has also done yeoman’s work in One, the spending levels do not coin- less in funding for military construc- putting together this conference re- cide with the national security require- tion for the coming fiscal year than it port. ments of this country in this gentle- sought just 2 years before. While the Mr. Speaker, I yield 2 minutes to the man’s opinion. Two, it ignores the bill does not buy back all of the cuts gentleman from New York [Mr. GIL- near-term and mid-range geopolitical proposed by the President, it goes a MAN], the chairman of the Committee realities of the post Cold War world. long ways toward doing so. on International Relations. And, three, it represents a missed op- The recommendations of the con- (Mr. GILMAN asked and was given portunity to right-size our military ferees would authorize an additional permission to revise and extend his re- forces and tailor our weapons to these $800 million for military construction marks.) Mr. GILMAN. Mr. Speaker, I thank realities. and military family housing, over $440 the gentleman for yielding me time. Spending on wrong systems is a million in additional funding will go directly toward housing and quality of Mr. Speaker, I remain troubled by reality in this conference report. For the high performance computer provi- example, Mr. Speaker, this conference life programs. I urge support of this bill. sions in the conference report that pe- report pushes us toward the nalize Israel, imposes unadministerable weaponization of space by authorizing Mr. DELLUMS. Mr. Speaker, I yield 2 minutes to the distinguished gen- burdens on the administration, fails to the now line-item vetoed projects for protect business proprietary informa- tleman from Missouri [Mr. SKELTON]. KE-ASAT programs and Clementine II, tion, and requires a one-size-fits-all ap- another potential ASAT program, Mr. SKELTON. Mr. Speaker, I thank the gentleman for yielding me time. proach to post-shipment verifications which have the possibilities of stimu- that the authors of the legislation ac- Mr. Speaker, I rise to encourage sup- lating an entire new arms race, as well knowledge cannot be fully imple- port for this conference report. Not as adding millions for a space-based mented. laser program. This is all being done in long ago, there were nine men from the Mr. Speaker, this is an important advance of appropriate underlying pol- 305th Air Mobility Wing recently re- issue that deserves more oversight and icy formulation, interagency review ported missing and last seen in the research by the GAO before we take and appropriate coordination with our skies over the south Atlantic. For rea- legislative action with significant for- friends and allies. These activities are sons unknown, these crew members eign policy implications. destabilizing and threaten to ignite, as aboard the Air Force C–141, in route The Senate approach remains a much I said, a new arms race to weaponize as from Windhoek Airfield, Namibia, to preferable alternative to this manda- opposed to militarize space. In fact, the Ascension Island, never fully com- tory and inflexible set of provisions direction in the statement of managers pleted their assigned mission of provid- which will clog the export control proc- language for space-based lasers may in- ing de-mining assistance to the Na- ess with little prospect of advancing deed violate the ABM Treaty, again in mibian people. our long-range interests. As presently this gentleman’s opinion. After delivering Army personnel and drafted, countries such as Israel, Rus- I could go into numerous other exam- mine-clearing equipment, their arrival sia and China cannot be removed from ples, but with the limited time, I be- at Ascension never materialized. Evi- the Tier III list of affected countries lieve this gives Members who were not dence indicates a mid-air collision. even if they take every action we re- on the conference a better idea of what People from five nations spent several quest of them in monitoring the use of this gentleman finds objectionable and weeks looking for them. these high performance computers. why I cannot support this conference I ask all of the Members to look at Clearly, this is an unwise and self-de- report. this bill in light of those who wear the feating policy. In the case of Israel, Finally, Mr. Speaker, I might also uniform, who are committed, who are let’s not penalize an ally when it has advise my colleagues that as of today courageous, and, sadly, from time to done nothing wrong. In the case of Rus- it has been communicated to me that time, lose their lives. sia, it goes without saying it should the President has indicated he will in- I ask all Members to look at this bill, immediately comply with all of our ex- deed veto this conference report for one because it does help those personnel isting export control laws and regula- of several different reasons. and their families. It increases the per- tions and return to the manufacturer Mr. Speaker, I reserve the balance of sonnel pay, it raises military construc- any illegally obtained high perform- my time. tion levels for housing and barracks ance computers. But a more permanent Mr. SPENCE. Mr. Speaker, I yield 1 and command centers. It augments government solution on this issue must minute to the gentleman from Colo- health and child care and other family be set aside until we can ensure full Russian cooperation in putting an im- rado [Mr. HEFLEY], the chairman of our oriented benefits to improve the qual- Subcommittee on Military Installa- ity of life. It adds nearly $3.6 billion for mediate end to the ongoing role of Rus- sian companies and other entities in tions and Facilities. important procurement programs such Mr. HEFLEY. Mr. Speaker, I rise in as air traffic collision avoidance sys- providing Iran with medium and long- strong support of the conference report tems. range missile capability. While I will not oppose this con- on H.R. 1119, the National Defense Au- Mr. Speaker, we must do our very ference report, I intend to bring the best for the young men and young thorization Act for Fiscal Year 1998. Iran Missile Proliferation Sanctions This is a good bill. It is not a perfect women in uniform, day in and day out, Act to the House floor within the next bill, but it is a good bill. From my per- wherever they are, whether it be at week. As important as the supercom- spective as chairman of the Sub- Fort Hood, Fort Leavenworth, Fort puter issues, we need to give first pri- committee on Military Installations Leonard Wood, Whiteman Air Force ority to ending this growing threat to and Facilities, it continues the com- Base, Norfolk, VA, or whether it be in our allies and American troops in the mitment of the House in addressing the Namibia, Bosnia, Europe or Japan, Middle East and Persian Gulf. serious shortfalls in basic infrastruc- they are performing their duties, de- Mr. DELLUMS. Mr. Speaker, I yield 2 ture, military housing and other facili- fending our interests and defending our minutes to my distinguished colleague, ties that affect the readiness of the liberty. the gentleman from Texas [Mr. ORTIZ]. Armed Forces and the quality of life I urge the Members of this House to (Mr. ORTIZ asked and was given per- for military personnel and their fami- support this bill, because it does so mission to revise and extend his re- lies. much for the young men and young marks.) The conference report, if adopted, women in uniform. Mr. ORTIZ. Mr. Speaker, I rise today would be a forceful expression of the Mr. SPENCE. Mr. Speaker, I yield in support of the fiscal year 1998 de- continuing bipartisan concern in Con- myself 10 seconds. fense authorization bill. As always, H9602 CONGRESSIONAL RECORD — HOUSE October 28, 1997 there were a host of issues before the correct in his observation. With respect Mr. TURNER. Mr. Speaker, as a conference, and I am proud of the way to China and Russia, these two coun- member of the Committee on National we worked through each one of these tries are in another category and have Security, I would like to take a minute issues. Most importantly, this bill rep- to be dealt with in a very different to pay tribute to both the chairman resents an overview of our defense way. and the ranking member of the com- needs in the post-cold war period, and As I said earlier in my remarks, if mittee for the remarkable job that it prepares us for this next century. one is going to oppose the high end they did in bringing this conference As the ranking member of the Sub- computer part of this bill, oppose it, agreement to the floor today. committee on Military Installations but do it on factual grounds, not on By any measure, this was a marathon and Facilities, and a member of the grounds that are illusory. run by two of our most skilled nego- Subcommittee on Military Readiness, I Mr. Speaker, I yield 1 minute to the tiators on national security, and I am am delighted that the bill strongly ad- gentleman from Hawaii [Mr. ABER- deeply grateful to both the gentleman dresses many of the quality-of-life is- CROMBIE]. from South Carolina, Chairman sues that speak directly to how we pro- Mr. ABERCROMBIE. Mr. Speaker, I SPENCE, and the ranking member, the vide for those who wear our Nation’s thank the gentleman for yielding me gentleman from California [Mr. DEL- uniform. this time. LUMS] for retaining a House-passed pro- Housing for our military personnel Mr. Speaker, I would just hope that vision which is of particular impor- has been falling apart for the last sev- by the time we come to vote on the au- tance to this Member of the commit- eral years. This bill recognizes that thorization bill, that we take into ac- tee. fact and funds housing and barracks, count that this bill, particularly this Specifically, the conference agree- year, is the result of the efforts of nu- child care centers, health care, and ment retains a House-passed provision merous people, giving their best effort provides a well-deserved pay raise for to allow the Army’s Construction, En- to come to a conclusion, come to a res- our service members. The national gineering and Research Laboratory to olution. collaborate with the Texas Regional readiness of our military has long been Not everybody is happy with the con- a prominent concern of mine, and this Institute for Environmental Studies at tents of the defense authorization bill. Sam Houston State University in bill addresses some of the fundamental Very few people are happy in any given problems that could weaken our readi- Huntsville, TX, on a critically impor- year with the bill because it covers tant computer-based land management ness. such a wide range of items. In this par- One of those readiness issues with initiative. This project will enable the ticular instance, I cannot think of a Army to address environmental prob- which I have been involved is the issue time when more people devoted not of depot maintenance. The depot provi- lems on our military installations. just hours or days, but months, trying This authorization of $4 million, cou- sions in this bill remove politics from to come to a fair resolution. pled with an identical appropriation in BRAC and ensure that no bidder on Mr. Speaker, I have indicated before, Public Law 105–56, will allow CERL and maintenance work on closing bases will this is not theology, this is legislation; TRIES to carry out this important be given preferential treatment. This is this is not a cathedral, this is the Army national resources/conservation a good agreement which represents an House of Representatives. That means project beginning this year. honest compromise of ideas, without that we are not coming to final conclu- Mr. SPENCE. Mr. Speaker, I yield 2 compromising the national defense of sions and ultimate resolutions here. We minutes to the gentleman from Califor- the United States. are trying to act in concert on the nia [Mr. HUNTER], the chairman of our Mr. Speaker, remember, this con- basis of 435 agendas as to what is best Subcommittee on Military Procure- ference report includes a pay raise. for the people of this country. ment. Mr. SPENCE. Mr. Speaker, I yield 30 I ask everyone’s support for the De- Mr. HUNTER. Mr. Speaker, I thank seconds to the gentleman from North partment of Defense authorization bill. the gentleman for yielding me this Carolina [Mr. JONES]. Mr. SPENCE. Mr. Speaker, I yield 1 time. Mr. JONES. Mr. Speaker, I rise in minute to the gentleman from Georgia Mr. Speaker, I learned a lot in this strong support of this defense con- [Mr. CHAMBLISS]. particular conference. I want to thank ference report. It is a responsible ap- Mr. CHAMBLISS. Mr. Speaker, I the chairman for his great leadership proach to our defense needs that lives wish to take a moment to compliment in trying to get these things through within the budget that we all agree the gentleman from South Carolina, this conference, which is often like must be balanced. Chairman SPENCE, on the expertise pushing a wheelbarrow full of frogs. Mr. Speaker, this bill contains criti- that he has shown and the leadership Your issues continue to jump out or cal quality of life initiatives and con- he has shown in bringing a very com- get pulled out by the other side, and tinues to address modernization short- plex and complicated bill to the floor. you do the best you can to keep as falls. It implements real defense reform This bill deals with issues ranging many of the issues that you think are and it restores the integrity of the from procurement of sophisticated important for national security in that BRAC process. weapons systems all the way to the particular wheelbarrow. In sum, this bill provides our Sol- quality of life issues that are so impor- b diers, Sailors, Airmen and Marines tant to our men and women in our 2015 with the technological edge to domi- armed services. We deal with every- Let me say to the fine gentleman nate on the new world battlefield. Sup- thing from the purchase of F–22s and from South Carolina, Chairman port our troops; vote for H.R. 1119. FA–18s to a 2.8 percent pay raise for SPENCE, he did a great job of protecting Mr. DELLUMS. Mr. Speaker, I yield our military men and women. Without our interests. We did not get a full loaf myself 1 minute. that 2.8 percent pay raise, the 11,000 on everything, but that is what hap- Mr. Speaker, I would like to respond members of our armed services who pens when you go into conference. to the comment made by my distin- today are on food stamps will not get But we have emerged in the mod- guished colleague, the gentleman from off of food stamps. ernization area with more modern New York [Mr. GILMAN], the Chair of Mr. Speaker, we need this bill en- equipment, with more money for mod- the Committee on International Rela- acted into law. We need it passed ernization, both in fixed-wing and ro- tions, regarding Tier III countries and today, and we need it signed by the tary aircraft. Also, with respect to our whether they could get off the list. President. It is a good bill for the men shipbuilding budget, we got a few extra First of all, let us establish the facts. and women of our Armed Forces, and it dollars in that shipbuilding budget. Mr. Speaker, there are five countries is a good bill for America. With respect to ammunition and other on the Tier III list. They are India, Mr. Speaker, I commend the gen- items that reflect on readiness, we did Pakistan, Israel, Russia and China. As tleman for bringing this bill to the increase that budget to some degree. It a matter of fact, Israel, Pakistan and floor in its current form. was largely because of his efforts. India can get off the Tier III list by Mr. DELLUMS. Mr. Speaker, I yield I also want to thank the gentleman signing the Nonproliferation Treaty, so one minute to the distinguished gen- from Missouri [Mr. SKELTON], my rank- the gentleman from New York is not tleman from Texas [Mr. TURNER]. ing member, the ranking member of October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9603 the Subcommittee on Military Pro- the Senators from California, because lemma, because we take some of the curement. He and I worked together. of the fact that it does not allow for money we have available for other pur- We put a lot of hearings on. We are the opportunity to compete in an ap- poses, and the logic of this authoriza- going to put more hearings on before propriate manner. tion, if we mean it honestly, will be to this session adjourns. I want to thank I want to go back to the letter and eat into that. him for his great work and the ranking emphasize the fact that these are In particular, the conference com- member of the full committee, the gen- words that are also coming from the mittee backed away from this House’s tleman from California [Mr. DELLUMS], Department of Defense, which says: clear statement that we should put a who did a particularly excellent job ‘‘We need to encourage more competi- limitation on the amount of money we working with the chairman and others tion from private industry, not less. spend for NATO by totally dismissing on a very important aspect of security, Billions of dollars in potential savings the overwhelming vote of this House to which is, do not let the bad guys have are at issue. These resources should be put some limit on what the American high technology when it might come used to maintain the U.S. fighting taxpayer is expected to spend for the back to bite you. edge,’’ and not to hinder it. expansion of NATO. We once again That is manifested in the provisions Mr. SPENCE. Mr. Speaker, I yield 1 guarantee that there will be an in- on the supercomputer bill. That was minute to the gentlewoman from Jack- crease in funding. one of the most important things we sonville, FL [Mrs. FOWLER]. Members who vote for this con- did was put in the supercomputer pro- (Mrs. FOWLER asked and was given ference report now will be estopped vision that says, if you are going to permission to revise and extend her re- later on from complaining when bil- sell high-tech to countries that might marks.) lions of American tax dollars beyond use it against you at some point on the Mrs. FOWLER. Mr. Speaker, I rise in what we have been told earlier are battlefield, run it by the Secretary of strong support of the fiscal 1998 defense asked for NATO, because this is a Defense before you do that, run it by authorization conference report. Provi- blank check for NATO expansion. One the administration, let them see what sions contained in this bill are essen- need not be opposed to NATO expan- you are doing, and when necessary, tial to our national defense and the sion to be opposed to a blank check for hold up that particular sale. quality of life of our young men and it. So my commendations to all of our women in uniform, including a mili- Passing this authorization is a dis- colleagues. Everybody worked hard. We tary pay raise of 2.8 percent, greatly regard of the fiscal discipline we said did a lot of hearings on this bill, and I needed by the 11,000 active duty mili- we would be adopting, and we will live would recommend passage of the bill. tary who are currently on food stamps; to regret it. Mr. DELLUMS. Mr. Speaker, I yield 2 authorization of additional funds for Mr. SPENCE. Mr. Speaker, I yield 1 minutes to my distinguished colleague, procurement and research and develop- minute to the gentleman from Okla- the gentleman from Texas [Mr. ment, to help assure our continued homa [Mr. J.C. WATTS]. RODRIGUEZ]. U.S. military modernization and supe- Mr. WATTS of Oklahoma. Mr. Speak- Mr. RODRIGUEZ. Mr. Speaker, I riority; increased continuation bonuses er, I want to commend the ranking want to take this opportunity to read a for military aviators, to help the serv- member and also Chairman SPENCE for letter that was sent by the Executive ices retain their pilots; restoration of their long suffering and getting us to Office of the President. It is signed by integrity to the BRAC process, through this point, to where we can vote on this Franklin Raines. It talks about the ex- fair and open competitions for noncore authorization conference report. isting legislation that is before us. I depot work at closed facilities; and au- Mr. Speaker, I would like to just am going to read some aspects of it: thorization of $883 million for the con- highlight some things in this legisla- The bill includes provisions which in- struction of military family housing, tion that I think the American people tended to protect public depots by lim- when over 60 percent has been deemed need to know about. It provides a 2.8 iting private industry’s ability to com- substandard. percent military pay raise, as has been pete for the depot-level maintenance of We must pass this DOD authorization talked about. What that does, for 11,000 military systems and components. If bill in order to pursue these and other men and women that are on food enacted, these provisions would run vital national security initiatives. I stamps, that should be unconscionable counter to the ongoing efforts by Con- urge all of my colleagues to support it. to anybody in this House to allow that gress and the administration to use Mr. DELLUMS. Mr. Speaker, I yield 2 to happen. competition to improve the Depart- minutes to my distinguished colleague, This adds more than $300 million for ment of Defense’s business practices the gentleman from Massachusetts construction and renovation of family and it would severely limit the Depart- [Mr. FRANK]. and troop housing, it adds more than ment’s flexibility to increase efficiency Mr. FRANK of Massachusetts. Mr. $600 million to key readiness accounts, and save the taxpayers’ dollars. Speaker, I thank the extremely able badly needed; it adds $3.6 billion to It also adds that the bill could reduce ranking minority member of this com- modernization accounts, consistent opportunities to allow the industry to mittee for his leadership in this and in with the unfunded priorities of the participate in future weapons systems. other ways. military service chiefs, and it compels In addition, it also dictates how the I hope the House will vote this down. further business practice reforms that Department of Defense should treat First, we are dealing with a budget are much, much needed. certain competitive factors, and I which we adopted recently which Mem- On this legislation, I am encouraging quote, that the bill seeks to skew its bers know will severely constrain our a ‘‘yes’’ vote on the DOD authorization competition in favor of public depots. ability to spend on a variety of pur- conference report. Again, I commend One of the things that I want to read poses a few years from now. Passing the ranking member and the chairman in the back, I think this is very criti- this authorization guarantees if we fol- for getting us to this point. cal, it says, If the numerous problems low through with it that 2 and 3 years Mr. DELLUMS. Mr. Speaker, I yield 2 cited above cannot be overcome, the from now we will not have the money minutes to my distinguished colleague, impact on the Department’s costs and to continue to put police on the streets the gentlewoman from California [Ms. our national military capacity would with Federal help, we will not have the LOFGREN]. be profound; the President’s senior ad- money to provide health care to people Ms. LOFGREN. Mr. Speaker, I urge visers would recommend that the bill who need it, we will not have the defeat of the conference report. It is de- be vetoed. money to deal with environmental sit- fective for many reasons, as has been The opportunity that we have now uations, every domestic purpose now described by my colleagues. But I want before us is to be able to hopefully hurting. to point out the error in the provision clear this area so we will not have a Transportation, we are in a terrible relating to exports of computers. veto. Unfortunately, we do. I have re- dilemma right now because we cannot I think it is important to outline ceived word that the bill is going to be afford to go forward with our transpor- that no one is saying that there is not filibustered both by Senator HUTCHISON tation needs. Pass this authorization a level of sophisticated computers that and Senator GRAMM as well as some of and we greatly exacerbate that di- should not be controlled. In fact, there H9604 CONGRESSIONAL RECORD — HOUSE October 28, 1997 should be. The problem is, from con- conference, I was very concerned about Mr. FAZIO of California. Mr. Speak- cept to concrete, we run into an error whether we are making adequate provi- er, when is a compromise not a com- and problem in this bill. The 2000 sion to ensure that our forces have the promise? Well, this conference report is MTOPS is not a computer that needs technological edge on the battlefield of a classic example of one. to be controlled. In fact, by next year the future. I am satisfied that this con- The language in this report, nego- the Pentium II 450 megahertz version ference report moves us in the right di- tiated behind closed doors, does not will be, in all likelihood, 2000 MTOPS rection. move an inch in the right direction to- on one chip. Today we are witnessing steady ward what the Department of Defense’s To change the 2000 MTOPS, because aging of equipment. Many weapons sys- interests are, what is best for the obviously a Pentium II should not be tems and platforms that were pur- American military forces, and what is controlled, it is readily available, there chased in the 1970’s and 1980’s will best for the taxpayers’ dollar. That is is a very lengthy process in the bill reach the end of their useful lives over competition to determine the best that involves multiagency review, and the next decade or so. Congress must place to overhaul and repair military then a 180-day period for Congress to make certain that tomorrow’s forces workload. review. I would note that this is an in- are every bit as modern and capable as This conference report moves in the dustry where it used to be a law, that today’s. Consistent, adequate spending wrong direction. This so-called com- it was 18 months. We are down to 9- on the modernization of U.S. forces is promise language, written without the month product cycles. So by the time required to ensure that tomorrow’s knowledge or input of several members the review provision has occurred, the forces are equipped and ready to domi- of the authorizing committee itself, re- market will have moved further and we nate the battlefield across the full stricts competition. Instead of creating will never catch up. spectrum of military operations. a level playing field, it tilts it even fur- That is why I think that this is, al- The conference agreement follows ther in favor of public depots, which though I am sure it is well-intentioned, the House lead to increase funding for may not be as cost-effective as the pri- I think it is out of kilter with the tech- missile defense programs. This is true vate sector in all cases. But rather nology that we face, and therefore, se- both for the theater missile defense than let competition determine the riously flawed. I believe that is why and national missile defense. The winner, this report, I think, skews the the Commerce Department, and I agreement also does a commendable outcome in favor of one type of com- quote, said, ‘‘The waiting periods make job of straightening out the tactical petitor without concern for the impact no technological sense.’’ aviation program that will ensure air on the taxpayer. I believe that those who have pro- superiority into the future. If that is not enough, there is a new posed this mean and intend to do a sen- People continue to be the most im- wrinkle in this report that ought to sible thing to protect our country. I portant component of our military. raise the eyebrows of some other Mem- honor those intentions and those well Quality people are the key to a suc- bers. That is the restriction on super- meanings, but I must point out that cessful military. Downsizing and de- computer exports, which will have a between good intentions and sensible ployments have created a high level of chilling effect on our Nation’s high- results there has been a glitch, in this turbulence among our military people. tech industry, threatening America’s case. I believe we ought to defeat this They have increasing cause to be con- status as the world’s leading exporter conference report, we ought to relook cerned about health care, about hous- of technology. at this, and make sure that we actually ing, about retirement, and about other Mr. Speaker, I urge my colleagues to take those steps that will actually pro- benefits such as the military resale oppose this conference report because tect our country, rather than this system. it is ‘‘veto bait.’’ I emphasize that. It This conference agreement goes a flawed result. will not become law unless it is further Mr. SPENCE. Mr. Speaker, I am long way toward making certain that modified to accommodate a level play- pleased to yield 1 minute to the gen- our military people and their families ing field on competition. This is a bad are taken care of. More must be done, tleman from Alabama [Mr. RILEY]. deal for America’s taxpayers. I think it but this is a major step in the right di- Mr. RILEY. Mr. Speaker, I rise today is not a good deal for our high-tech in- rection. Mr. Speaker, this conference in strong support of H.R. 1119. First, I dustry, and I know in my own district agreement provides a reasonable and want to commend the gentleman from it is doomsday for thousands of Ameri- balanced program for our military. I South Carolina, Chairman SPENCE, and cans who have worked for the Defense urge its adoption. the ranking member, the gentleman Department, and I think it is true also from California, Mr. DELLUMS, for all b 2030 in San Antonio where we only hope to their hard work on this bill. Mr. SPENCE. Mr. Speaker, I yield 1 save a few jobs, if we can win the com- Mr. Speaker, this conference report minute to the gentleman from Kansas petition to do the public’s business. includes a much deserved 2.8-percent [Mr. RYUN]. Mr. Speaker, I urge my colleagues to raise for our servicemen and women, Mr. RYUN. Mr. Speaker, I thank the please join me in voting ‘‘no’’ on this over $1.5 billion for family and troop gentleman from South Carolina [Mr. report. The President will veto it. We housing, and finally and most impor- SPENCE] for his hard work and the gen- can get a better one with our col- tantly, Mr. Speaker, it restores the full tleman from California [Mr. DELLUMS], leagues’ help. faith and integrity to the base closure the ranking member, for all of his work Mr. SPENCE. Mr. Speaker, I yield 1 process. Therefore, Mr. Speaker, I urge on H.R. 1119. I rise in support of H.R. minute to the gentleman from Texas all of my colleagues to support this 1119, the 1998 National Defense Author- [Mr. THORNBERRY]. bill. ization conference report. Mr. THORNBERRY. Mr. Speaker, de- Mr. DELLUMS. Mr. Speaker, I yield 2 Mr. Speaker, once again the Presi- spite some of the shortcomings that minutes to my distinguished colleague, dent submitted a budget request that some people may see in this bill, over- the gentleman from Virginia [Mr. PICK- does not match our national security all it makes us stronger and it deserves ETT]. goals. Whether it is weapons mod- to be supported. Mr. PICKETT. Mr. Speaker, I thank ernization, health care for military In the key area of our own nuclear the gentleman for yielding me this families, military construction, or end- arsenal, it makes sure that our nuclear time. strength levels, the President’s request weapons are safe and reliable in the fu- Mr. Speaker, I rise in support of the falls woefully short, an inadequate ef- ture, despite a number of shortcomings conference report on the defense au- fort. and deficiencies that are increasingly thorization bill for fiscal year 1998. The Mr. Speaker, I support the House’s getting attention. I would commend to conference agreement strikes a reason- efforts to increase the defense spending my colleagues’ attention a CRS report able balance among the needs for mod- above the President’s request and en- which was just released last week that ernization, strategic forces, readiness, sure that the United States remains discusses some of these key defi- and quality-of-life programs for our the world’s premier fighting force. ciencies that this bill begins to ad- military people. Mr. DELLUMS. Mr. Speaker, I yield 2 dress. As a member of the research and minutes to the distinguished gen- In the very important area of our co- technology panel of the committee of tleman from California [Mr. FAZIO]. operation with the nations of the October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9605 former Soviet Union to take apart de- With those concerns, Mr. Speaker, I raise for those that protect us. It livery systems that were once aimed at urge all of my colleagues to support makes us stronger. us and to prevent nuclear terrorism this conference report. A very important aspect of this that and smuggling, this bill is a much bet- Mr. DELLUMS. Mr. Speaker, I yield 1 sometimes does not get the attention ter bill than the bill that originally minute to my distinguished colleague, that it deserves, but it provides for ad- left the House. the gentleman from Tennessee [Mr. ditional funds for modernization and I would also add, Mr. Speaker, in the TANNER]. that is very important as we prepare most important asset of all, and that is Mr. TANNER. Mr. Speaker, I would for the 21st century. our people, this bill makes some need- like to ask the gentleman from South Mr. Speaker, again, I thank the gen- ed corrections to improve that area so Carolina [Mr. SPENCE] if he would en- tleman from South Carolina for a very that we can get and keep the very best gage in a colloquy. well done job. people throughout our military and Mr. Speaker, I would ask the gen- Mr. DELLUMS. Mr. Speaker, I yield that will serve us well in the future. tleman if I am correct in understand- myself such time as I may consume. Mr. DELLUMS. Mr. Speaker, I yield 2 ing that the conference report provides Mr. Speaker, we have come to the minutes to the distinguished gen- $40.2 million for upgrades and modifica- end of the debate and discussion on the conference report. I would simply like tleman from Virginia [Mr. SISISKY]. tions to the Army’s M–113 armored per- Mr. SISISKY. Mr. Speaker I thank sonnel carrier? And is there any to first thank the distinguished gen- the gentleman from South Carolina amount of funding authorized for reac- tleman from South Carolina [Mr. SPENCE] for his efforts. As I said earlier [Mr. SPENCE], chairman of the commit- tive armor tiles for the M–113 vehicle? tee, and, of course, the gentleman from Mr. SPENCE. Mr. Speaker, will the in my remarks, he has been congenial; this has been a bipartisan effort. California [Mr. DELLUMS], ranking gentleman yield? Second, the fact that I cannot sup- member, for a job well done. Mr. TANNER. I yield to the gen- port this conference report, that not- Mr. Speaker, we have been at this tleman from South Carolina. withstanding, I think that it is impor- conference, and this was no easy con- Mr. SPENCE. Mr. Speaker, the gen- tant that this committee bring this ference, something like over three tleman is correct. Although the con- conference report to the floor. We do months. Did we get everything we ference report specifically directs $35.2 not choose to end up a debating soci- liked? No. I can tell my colleagues that million of the $40.2 million for vehicle ety. It is terribly important that Mem- on the depot issue I am not very fond upgrades and modifications, it does bers of Congress know that when we of it. But we never get everything we allow the Army to procure either reac- pass a bill, go to conference, that even- want when we compromise. tive armor tiles or driver thermal tually we will bring back a significant Mr. Speaker, I was startled to hear, viewers or both with the remaining $5 work product. believe it or not, that we dropped the million. There are a number of factors in this cap on NATO participation. I think we Mr. TANNER. Mr. Speaker, reclaim- bill that some Members like. There are can correct that next year. I know I ing my time, I thank the gentleman. other factors that some Members do will try as best I can to do that. Mr. SPENCE. Mr. Speaker, I yield 1 not. That is the nature of the legisla- But all in all, the bill is the right minute to the gentleman from North tive process. But I am pleased that we bill. It is not satisfying to everyone. I Carolina [Mr. BALLENGER]. are bringing back a report, a con- would really ask my colleagues to be Mr. BALLENGER. Mr. Speaker, I rise ference report to the floor of this body sure to vote ‘‘aye’’ on the bill. The to engage the gentleman from South so that my colleagues may work their readiness of our troops, and we have Carolina [Mr. SPENCE], my good friend, will. spent a great deal of time on the readi- the chairman of the Committee on Na- Finally, I would simply say, Mr. ness of our people with OPTEMPO and tional Security, in a brief colloquy on Speaker, that for the reasons that I PERSTEMPO. I visited particularly employee stock ownership plans in enunciated earlier in this bill I will not Fort Campbell, Kentucky, in August Section 844 of the conference report. personally be supporting the report. I and I was extremely impressed with With respect to the ESOP provision, have my substantive reasons why that our young soldiers and warriors there Section 844 which reflects a Senate is the case. For any Member who is in- that belong to the 101st Airborne Divi- amendment to the original House pro- terested, they can peruse my remarks sion whose morale was extremely high vision, I ask for assurance that the that were made earlier and with those getting ready to go overseas and trust- conference outcome is consistent with summarizing remarks. ing in the Congress to supply them existing law as set forth in Public Law Mr. Speaker, in the interest of com- with the materials that they want. 94–455, establishing that Congress ity and brevity, I yield back the bal- Mr. Speaker, I implore my colleagues wants to encourage ESOPs, not choke ance of my time. to vote ‘‘aye’’ on this bill. them to death with unreasonable rules Mr. SPENCE. Mr. Speaker, I yield Mr. SPENCE. Mr. Speaker, I yield 1 and regulations. myself such time as I may consume. minute to the gentleman from Nevada Mr. SPENCE. Mr. Speaker, will the Mr. Speaker, this is a conference re- [Mr. GIBBONS]. gentleman yield? port. As is the case with all conference Mr. GIBBONS. Mr. Speaker, I rise in Mr. BALLENGER. I yield to the gen- reports, we do not ever get all we want. support of this conference report, but tleman from South Carolina. As I said the other day, we win some, wish to express my limited concerns. Mr. SPENCE. Mr. Speaker, I assure lose some, and in some cases end up in Mr. Speaker, this conference report the gentleman that there is nothing in ties. No one is completely 100 percent reduces the Army National Guard end- the conference report that alters the happy with the product of this con- strength by 5,000 soldiers. This reduc- existing law that the intent of Con- ference report or any other produced tion is made to reflect end-strength re- gress is to encourage ESOP creation by this body. ductions determined by the Quadren- and operation, as clearly spelled out in That is the nature of a conference re- nial Defense Review and agreed upon at Public Law 94–455. In fact, Section 844 port. Give and take. We have to com- an Army offsite meeting on force struc- would further that intent. promise to get a bill back before this ture. But in this same agreement the Mr. BALLENGER. Mr. Speaker, re- body for us to vote on. The same thing Army was also supposed to take a cut claiming my time, I thank the gen- is happening in the other body. They of 5,000 soldiers in fiscal year 1998. tleman. have the same problems we have. However, I am disappointed that this Mr. DELLUMS. Mr. Speaker, I re- Mr. Speaker, if I had my personal bill only reduces the National Guard serve the balance of my time. opinion to express at this time, I would end-strength and does not reduce the Mr. SPENCE. Mr. Speaker, I yield 1 say in summation that the conference end-strength of any other component. minute to the gentleman from New report does not provide enough for the Mr. Speaker, this type of policy hurts Jersey [Mr. PAPPAS]. defense of our country. Most people do future efforts to modernize our mili- Mr. PAPPAS. Mr. Speaker, I com- not realize the condition we find our- tary, penalizing all our forces at the di- pliment the chairman on a job well selves in today. The cold war is over rect expense of the Army National done. I rise in support of this measure. and most people think that the threat Guard. It includes a very well-deserved pay of war has been removed. H9606 CONGRESSIONAL RECORD — HOUSE October 28, 1997 But I am here to tell my colleagues over the President's request and $1.7 billion tary missions,'' then Congress should not that it is not a matter of ‘‘if’’ there over last year's spending. During a time of fis- interfere and prejudice this process with bi- will be another war, it is just ‘‘when’’ cal restraint and balanced budgets, there is no ased language. I urge my colleagues to vote it is going to be and ‘‘where’’ it is room for this kind of unrequested expenditure in favor of fair and open competition and vote going to be. And at this point in time, in our federal ledger. If this Congress contin- against this bill. I am afraid we are not prepared suffi- ues to treat itself to massive defense spending Mr. BUYER. Mr. Speaker, I rise in support ciently to defend against the threat increases, we will starve our health, education, of the conference report for H.R. 1119, the this country faces. and elderly programs. This conference report National Defense Authorization Act for Fiscal Mr. DELLUMS. Mr. Speaker, will the does not reflect our budgetary constraints, nor Year 1998, for its recommitment to the fate of gentleman yield? does it reflect the realities of today's world. In American POW's and MIA's. Mr. SPENCE. I yield to the gen- this bill, we are continuing to authorize cold H.R. 1119 includes most of the House provi- tleman from California. war weapons, such as B±2 bombers and nu- sion which sought to strengthen the process Mr. DELLUMS. Mr. Speaker, before I clear attack subs, instead of taking this impor- by which our past, present and future POW± we yield all time back, I would just tant opportunity to tailor our military capabili- MIA's are accounted for. The National De- fense Authorization Act for FY 1997 repealed like to make a comment. I would like ties to respond to the new challenges that we several provisions of law that provided due to finally thank all the members of the will face in the 21st century. Further, this legis- process for the families of missing service staff on both sides of the aisle. For lation threatens to start an arms race in space. members seeking information about their many of my colleagues who are not And to pay for this new hardware, we are cut- aware, many of these young people loved ones' fates, and that encouraged prompt ting funds for readiness. investigations into missing personnel. The spent numerous weekends away from I am pleased that Congress has agreed to conference report restores many of the provi- their relatives, family, and friends, in expand the Cooperative Threat Reduction pro- sions stricken by the 1997 authorization bill, order to make sure that this extraor- gram, that we can agree to help our National and makes additional changes to the law to dinarily complicated bill came to- Guard, and that we have worked to boost improve the process for accounting for missing gether. funding for research on Gulf war syndrome. persons. These new provisions apply not only b 2045 We must maintain the superiority of our Armed to our military, but to different civilian support Forces and ensure that we provide for the personnel who may be serving alongside our With great personal sacrifice and, in brave individuals and families in military serv- this gentleman’s humble opinion, the armed forces far from home. In reaching an ice. But this bill takes us only half way thereÐ agreement in the conference report, I had very financial remuneration that goes to as it has been crafted, it threatens to bankrupt constructive negotiations with Senator JOHN these staff people does not offset the our entire budget. This bill shows that we have MCCAIN, whose history with this issue is well intrusion into their private lives, I not thought about the kind of military and the think we are very fortunate to have a known. Senator MCCAIN was a good-listener, kind of weaponry we will need to defend this and fair-minded in his approach, allowing us to competent and capable staff who are nation and her allies in the next century. Mem- able to work many of these issues late reach an agreeable compromise between the bers of Congress should take the time to sit two Houses' positions. As a result, the con- into the night and day in and day out down again to craft a bill that takes care of our for weeks and weeks. I would feel that ference report on H.R. 1119 contains a rea- personnel and better matches our future sonable outcome that substantially advances I was derelict in my responsibilities, needs. Mr. Speaker, if I did not express my the interests of those who seek to ensure the Mr. MATSUI. Mr. Speaker, I rise today in fullest possible accounting of our POW±MIA's. sincere gratitude and thanks for all the strong opposition to this bill. staff people who helped put this bill to- Mr. Speaker, the conference report for H.R. The recommendations of the Defense Base 1119 keeps the faith, not only with our people gether. Closure and Realignment [BRAC] Commission I appreciate the gentleman’s generos- in uniform, but with other equally dedicated regarding McClellan and Kelly Air Force Bases citizens who voluntarily venture into harm's ity. are absolutely clear. When the Commission Mr. SPENCE. Mr. Speaker, I, again, way in support the nation's vital interest. It reit- recommended the closure of these facilities, it erates the theme that should constantly play would like to thank the gentleman for directed DOD to either ``consolidate the work- on the hearts of the American peopleÐthat what he has done to make this con- loads to other DOD depots or to private sector our POW±MIA's are, indeed, not forgotten. For ference report possible to bring it be- commercial activities . . .''. Unfortunately, the that reason, I urge my colleagues to support fore the body at this time. negotiators of this bill were unwilling to com- the Defense Authorization Act. Ms. MILLENDER-MCDONALD. Mr. Speaker, promise with the President and DOD, insisting Mr. DICKS. Mr. Speaker, as a conferee rep- I rise to express support for one provision of on the insertion of language that would pre- resenting the Intelligence Committee on this H.R. 1119, Section 2826. Although this provi- vent this mandate from going forth in an equi- legislation, I want to note particularly the reso- sion prohibits conveyance of the property at table manner. lution of an issue affecting the Defense Air- Long Beach Naval Station to the China Ocean Let no one in this chamber be misled. borne Reconnaissance Office, or DARO. The Shipping Company [COSCO], it includes ele- McClellan and Kelly Air Force Bases will Intelligence Committee originally voted to ter- ments of a recommendation I made to this close. As of July, 2001, they will no longer be minate this office and transfer some of its House that allows the President to waive this Air Force facilities and nothing in this bill will functions to the Director of the Defense Intel- restriction if it is determined that the transfer change that in any way. ligence Agency. This recommendation was would not adversely impact our national secu- What this legislation will do, however, is bur- controversial in the CommitteeÐI for one did rity. den the private sector competitors with new not support itÐbut it was endorsed by the Mr. Speaker, I still have reservations about requirements without placing any correspond- House National Security Committee and was the language in the Conference report, how- ing new requirements on the public depots. likewise reflected in the House defense appro- ever, because I do not believe it goes far This language severely undermines the depot priations bill. The Senate took no action enough to protect the national security of the maintenance outsourcing process, turning it against DARO. United States. The language I recommended into a mockery of fair play and open competi- I am pleased that this conference report to the House addressed this issue. The re- tion. does not include the DARO termination rec- strictions limit the provisions of this section to Without the ability to judge the public depots ommended by the House. The conference Long Beach and to the China Ocean Shipping and private firms on a level playing field, the agreement compels no change in DARO nor Company [COSCO]. The language fails to ad- Air Force will be unable to determine which of will it require that DARO cease the exercise of dress the impact of transfers of property at its options under the 1995 BRAC law makes its critical responsibilities for strong oversight other bases to state owned shipping compa- the most sense for our national security. With- of airborne reconnaissance. The conference nies which may pose a risk to national security out fair competition, DOD will be unable to de- report does clarify that DARO's role does not or significantly increase the counter intel- termine which option clearly proves to be the include program management or budget exe- ligence burden on the U.S. intelligence com- best value for the American taxpayer. cution. It should be understood clearly that this munity. If the goal of privatization, as the BRAC provision does not alter DARO's current role Mr. KENNEDY of Massachusetts. Mr. Commission reported, is to ``. . . reduce oper- or responsibilities since, Department of De- Speaker, I rise today in opposition to the con- ating costs, eliminate excess infrastructure, fense officials have stressed, DARO has not, ference report on the FY 98 National Defense and allow uniformed personnel to focus on does not, and will not manage programs. In- Authorization bill. This bill goes $2.6 billion skills and activities directly related to their mili- stead, all airborne reconnaissance programs October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9607 are executed by the military services or by the In brief, section 351 establishes a policy for ceeds from such sales will be available to the Defense Advanced Research Projects Agency. the sale of Clean Air Act emission reduction Department of Defense, not only for the The conference report provides for a review credits by military facilities. This policy is only costs attributable to the identification, of DARO by the ongoing Defense Reform quantification and valuation of such emis- applicable to defense facilities and is not appli- sion credits, but for allocation within the Task Force, which I support. This task Force cable to other facilities or emission sources Department of Defense and to military fa- could well make a recommendation, and the operated by the federal government. Thus, the cilities for activities that are ‘‘necessary for Secretary of Defense could decide, to place provision risks creating a patchwork of policies compliance with Federal environmental the airborne reconnaissance oversight function within the federal government which could be laws.’’ This section was not part of H.R. 1119 in another organizational structure or to alter at variance with the most efficient implementa- as approved by the full House of Representa- the manner in which the office reports to sen- tion of emission trading programs. tives. The House Commerce Committee holds ior DoD officials. I have every expectation, Emission trading programs will become in- several strong objections to this provision. however, that the Task Force and the Sec- creasingly important as this nation strives to First, the provision seeks to establish federal retary will strongly support continuation of a meet Clean Air Act standards. Such programs policy, applicable ton only one department centralized and powerful oversight function at hold the promise to achieve needed reduc- of government, concerning several environ- a senior level within the Department. tions at the least cost and to increase flexibility mental trading programs which have dif- During a colloquy when the House consid- in the implementation of Clean Air Act pro- ferent objectives. The provision specifically ered the conference report on the Defense grams. Thus, what is needed in lieu of section applies to ‘‘any transferable economic incen- Appropriations Act, Chairman Young assured tives’’ which would include, at a minimum, 351 is a comprehensive review of the partici- trading programs involving criteria pollut- me that the reduction to DARO's operating pation of all federal facilities and operations ants regulated under Title I of the Clean Air budget reflected in the Act was made without within new emission trading programs. Act, marketable permits established under prejudice and that the Committee would con- The question of how federal facilities partici- Title I and Title V of the Clean Air Act, and sider a reprogramming request from the Sec- pate and what economic incentives may be other programs which seek to provide flexi- retary to restore all or part of the funding re- available to individual facilities is an important ble, alternative implementation of the Act. quested for supporting the airborne reconnais- question which should not be determined with- While the Commerce Committee would sance oversight function for fiscal year 1998. seek to encourage the full participation of out informed analysis of the available alter- the federal government in emission reduc- The defense authorization conference report natives. In this regard, during the coming tion and trading programs, it does not be- followed the budgetary allocations of the Ap- months, the Commerce Committee will be ac- lieve that this participation should occur on propriations conference in this as in most tively reviewing this matter and may consider a segmented or department-by-department other matters. I hope that the leadership of the and evaluate policies at variance with those basis. Moreover, it is unclear whether the re- other committees which would have to con- specified in section 351. In brief, the full com- turn of funds (over and above the amount of sider a reprogramming for DARO will likewise mittee and subcommittee leadership of the costs associated with identification, quan- defer to the judgment of the Secretary of De- Commerce Committee have not endorsed sec- tification and valuation of economic incen- fense on funding for this activity in the coming tives sold) should necessarily be made avail- tion 351 or the pilot program it will establish able to the specific facilities which gen- year. and the Committee specifically reserves its erated the economic incentives. Requiring Mr. BLILEY. Mr. Speaker, I rise in support rights and prerogatives under the Rules of the that such funds be allocated ‘‘to the extent of the conference report and wish to note the House to amend or terminate the pilot pro- practicable’’ to specific facilities risks ignor- hard work of all members of the conference gram established by this section. ing important Clean Air Act goals or other committee to deliver legislation that will ensure On another provision included in the con- federal priorities. the security of our country and adequately ference report, I would like to clarify our un- Second, the provision seeks to establish a policy which may be at variance with provide for the members of our Armed Forces. derstanding that the language in section 3404, As a conferee on various provisions of this present attempts to promote flexible imple- Transfer of Jurisdiction, Naval Oil Shale Re- mentation of new Clean Air Act standards. legislation which impacted the jurisdiction of serves Numbered 1 and 3, transfers only ``ad- On July 16, 1997, the President directed the the Commerce Committee, I am generally sat- ministrative jurisdiction'' over the Naval Oil Administrator of the Environmental Protec- isfied with the work which has been accom- Shale Reserves, and does not impact the ju- tion Agency ‘‘in consultation with all af- plished over the past several weeks. We have risdiction of the Commerce Committee. The fected agencies and parties, to undertake the been able to reach agreement on a number of Commerce Committee has long shared juris- steps appropriate under law to carry out the issues, and I appreciate the effort of Chairman diction over the Naval Oil Shale Reserves with attached (implementation) plan’’ for the new ozone and particulate matter standards. Sec- SPENCE and other conferees to remain sen- the National Security and Resources Commit- sitive to the concerns of my Committee re- tion 338 predates this policy, and thus pre- tees. In order to assure that Americans get the dates any consultation or coordination be- garding a number of provisions on which the best value for their investments we have tween the Environmental Protection Agency Commerce Committee was not represented by agreed to these provisions which allow two of and the Department of Defense regarding im- conferees. the Naval Oil Shale Reserves to be leased for plementation of new clean air act standards However, although I signed the conference oil and gas exploration and production. The which contemplate broad and unprecedented report and support the overall bill, I continue to Commerce Committee expects to be a part of utilization of emission trading programs. have serious reservations concerning several Given the costs associated with full imple- any future legislative efforts to modify these mentation of the new standards, it is clear parts of the final work product. Specifically, I provisions or make any other changes with re- do not believe that section 351 of Title III of that offsetting these costs through the sale spect to the operations or disposition of these of allowances and other incentives is essen- Division A of H.R. 1119 should be part of this national assets. tial. The corresponding distribution of the legislation. U.S. HOUSE OF REPRESENTATIVES, economic benefits resulting from the sale of This section was not included in the House COMMITTEE ON COMMERCE, allowances is thus a significant policy deci- version of H.R. 1119. Instead, this measure Washington, DC, September 4, 1997. sion. Such a decision should not be made in was added by the other body without thorough Hon. FLOYD SPENCE, the context of legislation unrelated to the review and without specific comment by the Chairman, House National Security Committee, goals of Clean Air Act programs and policies. Executive Branch. Thus, simply on procedural Rayburn House Office Building, Finally, the Commerce Committee, which grounds alone, I do not believe that section Washington, DC. has jurisdiction over the law which served to Hon. STROM THURMOND, create the economic incentives which are the 351 should be part of the final conference re- Chairman, Committee on Armed Services, subject of Section 338, has received no testi- port. Russell Senate Office Building, mony, evidence, or other information from But my concerns regarding this provision Washington, DC. the Department of Defense or other depart- are far more than procedural. In this regard, I DEAR CHAIRMAN SPENCE AND CHAIRMAN ments or agencies of the federal government am attaching a letter signed by myself, Health THURMOND: We are writing to express our op- which specifically supports the final legisla- and Environment Subcommittee Chairman MI- position to Section 338 of H.R. 1119 and to tive language of section 338. Thus, the Com- CHAEL BILIRAKIS, full committee Ranking Mem- ask for your assistance in deleting this pro- merce Committee has had no opportunity to vision during the conference committee con- evaluate the propriety of the policies advo- ber JOHN D. DINGELL, and subcommittee sideration of this matter. cated by section 338, the validity of the in- Ranking Member SHERROD BROWN. This letter Section 338 seeks to establish a program, formation and assumptions which underlie outlines the Commerce Committee's serious solely within the Department of Defense, to its incorporation into this law, or the ability concerns regarding section 351 and the rea- provide for the sale of emission reduction to subject advocates of this provision to nor- sons why this section should not have been credits established under the Clean Air Act. mal committee process and questioning. At a adopted in conference. The section additionally directs that pro- minimum, the Commerce Committee must H9608 CONGRESSIONAL RECORD — HOUSE October 28, 1997 insist on its right to fully examine this pro- Bosnia deployment in the near future and cisely at a time when SFOR is clearly drifting vision within the normal oversight and legis- bring the troops home. deeper into the quagmire in the Balkans, rath- lative duties delegated to the Committee by The conferees' decision to abandon a firm er than preparing to disengage from it. the full House of Representatives. withdrawal date in favor of language merely During the last three months, SFOR has be- Thank you for your assistance in striking this provision for the final conference report. requiring Presidential certifications for the come more and more entangled in efforts at Should you require any further information Bosnia mission to be extended for an indefi- nation building, a flawed objective as well as on this provision, please do not hesitate to nite period of time after June 30, 1998, not an inappropriate use of combat forces. For ex- contact us. only weakens the firm position of the House, ample, SFOR troops are increasingly becom- Sincerely, it offers further scope for yet another exten- ing involved in Serbian interparty politics, the TOM BLILEY, sion of the Bosnia mission. As everyone must takeover of police stations, and the censorship Chairman, House Commerce Committee. surely realize, the President's certification to of television broadcasts. These recent actions MICHAEL BILIRAKIS, the terms of the provision is virtually a forgone compromise our status as neutral peace- Chairman, Health and Environment Subcommittee. conclusion. By permitting President Clinton to keepers and jeopardize the primary mission of JOHN D. DINGELL, unilaterally extend the deployment of U.S. separating the former belligerents. More im- Ranking Minority Member House Commerce Armed Forces in the potentially hostile envi- portant, they endanger American lives in much Committee. ronment, Congress would be undercutting its the same way as our poorly thought-out poli- SHERROD BROWN, obligation to the American people and to the cies in Somalia and Lebanon. Ranking Minority Member Health and young men and women the President has sent Commenting on the administration's in- Environment Subcommittee. to Bosnia. creased engagement in nation building, former Mr. KASICH. Mr. Speaker, I am very dis- It is a generally accepted premise that the secretary of State Henry Kissinger wrote the appointed that the conferees did not reflect the President is the ``sole organ of the federal following: ``America has no national interest for clear will of the House in the Conference Re- government in the field of international rela- which to risk lives to produce a multiethnic port's provision dealing with Bosnia [sections tions,'' and that Congress generally accepts a state in Bosnia. The creation of a multiethnic 1201 through 1206]. broad scope for independent executive action state should be left to negotiations among the The mission of the U.S. Armed Forces in in international affairs. But Congress has long partiesÐwelcomed by America if it happens Bosnia has been characterized by a failure to been concerned about U.S. military commit- but not pursued at the risk of American lives.'' define achievable objectives, a unilateral shift- ments and security arrangements that have The administration has compounded the dif- ing of deadlines, and a refusal on the part of been made by the President unilaterally with- ficulty of a confused, evolving mission in the administration to clearly explain its goals out the consent or full knowledge of Congress. Bosnia by the lack of a clear exit strategy. either to Congress or to the public at large. If Throughout our Nation's history, prior Presi- This problem became very evident during the the American people are to have any con- dents have sought Congressional consent for Senate's hearing to confirm General Henry fidence in our national security policy, that pol- extended deployments of United States Shelton as Chairman of the Joint Chiefs of icy must be honestly and forthrightly presented Forces overseas, either through declarations Staff on September 9, 1997, when General to them. of war or by Acts of Congress authorizing the Shelton admitted that he had not been in- I am troubled by the unclear focus of the specific deployment. The latter category has formed of the exit strategy for Bosnia. It is mission and the apparent lack of an exit strat- ranged from authorizations to deploy forces likely that to the extent an exit strategy exists, egy. The underlying premise of the original overseas (such as the 1949 North Atlantic it is so firmly tied to hazily defined future politi- mission was to separate the warring factions, Treaty and the 1954 Mutual Defense Treaty cal events that there is always sufficient rea- then turn the peacekeeping role over to our with Korea) to the use of military force in spe- son to leave U.S. troops in place: there is al- European allies within one year. In November cific situations (such as the Gulf of Tonkin ways one more local election, always one 1995, in his address to the Nation regarding Resolution in 1965, or the Persian Gulf Reso- more arbitration, always one more refugee our proposed commitment of our forces to lution of 1991). transfer that would, in the administration's Bosnia, President Clinton stated that, ``* * * Article I of the Constitution grants Congress opinion, require the presence of U.S. troops. our Joint Chief's of Staff have concluded that the ``Power to raise and support Armies * * * Making our departure a hostage to these U.S. participation should and will last about to provide and maintain a Navy * * * to make events is a virtual guarantee that U.S. troops one year.'' Rules for the Government and Regulations of will be in Bosnia for a long time to come. However, in November, 1996, the President the land and naval forces * * *'', and grants Finally, our mission in Bosnia raises trou- announced that our military presence in Congress the sole authority to declare war. bling questions about allied burdensharing. I Bosnia would be extended for another eight- These powers were explicitly given to Con- firmly believe that Bosnia is not a vital national een months, until June 30, 1998. Although gress in order to prevent the President, in his interest. It is, at most, a peripheral interest of Secretary of Defense Cohen has emphatically role as Commander in Chief, from using the the United States to end a regional civil war in stated his understanding that U.S. forces armed forces for purposes that have not been an area outside of NATO territory. It may be would be withdrawn by the end of June, 1998, approved of by Congress on behalf of the na- a vital interest to Europe, but it does not follow more recent statements by administration offi- tional security interests of the American peo- that U.S. ground troops must be tied up there cials, such as those of National Security Advi- ple. for years. If the Europeans truly have the will sor Samuel Berger on September 23, 1997, Nowhere in the Constitution is the President to maintain peace in Bosnia, they will find a have cast serious doubt on this second dead- empowered to deploy United States Armed way; the administration should press the Euro- line. Forces for war or beyond our borders without peans to begin planning now to assume full These shifting deadlines have been accom- the consent of Congress. It is generally responsibility for the ground mission. If our al- panied by rhetorical sleights-of-hand, such as agreed, however, that situations of imminent lies have deficiencies, for example, in logistics the assertion that by renaming the military or immediate danger to American life or prop- capability or command and control, we must force in Bosnia from the Implementation Force erty may arise that require the President to act identify them and offer help to correct them. (``IFOR'') to the Stabilization Force (``SFOR''), without Congressional consent, but the ex- The conference agreement on Bosnia, by a new mission, and therefore a different de- tended deployment to Bosnia hardly qualifies permitting what is essentially an open-ended ployment, was created. Somehow, this was for such unilateral action. extension of the mission, effectively nullifies believed to mitigate the fact that U.S. troops President Clinton, by ordering the deploy- the consensus of a record vote in the House are still in Bosnia, nearly a year after the initial ment of our military into Bosnia without the and opens the door to further mission creep. withdrawal deadline has passed. consent of Congress, has assumed that the I am deeply disappointed that the conferees It was against this background that on June making of war is the prerogative of the Execu- could not find a mechanism to reassert 24, 1997, the House voted 278±148 to prohibit tive Branch. But the raising, maintenance, Congress's legitimate Constitutional authority funding for U.S. ground forces in Bosnia after governance, and regulation of the deployment when our men and women in uniform are de- June 30, 1998. Moreover, this strong show of and use of the Armed Forces of the United ployed in harm's way. Instead, the conferees support for setting a date certain for with- States is the prerogative of Congress. appear to have countersigned a blank check drawal came just after the House narrowly re- Not only does the conferees' weakening of to continue deployment in the Balkans. jected an amendment to end the U.S. ground the House position undercut Congress's legiti- Mr. BILIRAKIS. Mr. Speaker, I rise in sup- force mission in Bosnia by December 31, mate authority to work its will on a vital foreign port of the conference report to H.R. 1119, the 1997. Together, these votes demonstrate a policy matter that involves the commitment of National Defense Authorization Act. This con- consensus in the House to wrap up the substantial U.S. military forces, it comes pre- ference includes a very important provision on October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9609 an issue that I have been working on for over this body are aware, eighteen suits were filed Cannon Hunter Pitts Carson Hutchinson Pomeroy ten years. against the Government of Saudi Arabia in the Castle Hyde Porter Several programs have been enacted over 1980's following their failure to pay for hun- Chabot Inglis Portman the years to allow regular and reserve retired dreds of millions of dollars worth of construc- Chambliss Istook Price (NC) members to ensure that, upon their deaths, tion projects. To date, one important claim re- Christensen Jefferson Pryce (OH) Clayton Jenkins Quinn their survivors will continue to receive a per- mains unresolvedÐthe case of Gibbs and Hill, Clement John Radanovich centage of their retired pay. However, two cat- an engineering firm hired by the Saudi govern- Clyburn Johnson (CT) Redmond egories of ``forgotten widows'' have been cre- ment to design a power and desalinization Coble Johnson, E. B. Regula Coburn Johnson, Sam Reyes ated by omitting any benefits for survivors of plant in the late 1970's. Collins Jones Riggs members who died before they could partici- Following the completion of the facilities, the Combest Kanjorski Riley pate in the new programs. Saudi government refused to pay Gibbs and Cook Kaptur Roemer The Survivor Benefit Plan (SBP), enacted in Hill the $55.1 million owed for their services. Cooksey Kasich Rogan Cox Kennedy (RI) Rogers 1972, replaced an earlier unsuccessful pro- Almost twenty years later, the claim is still Cramer Kennelly Rohrabacher gram. It offered an 18-month open enrollment being pursued by Hill International, Inc., a firm Crane Kildee Ros-Lehtinen period for members already retired. This SBP located in my district. Although substantial Davis (FL) Kim Rothman open enrollment period inadvertently created Davis (VA) King (NY) Ryun Congressional support has been organized to Deal Kingston Salmon the first category of ``forgotten widows.'' These pressure the Saudi government to settle this DeLauro Klink Sanchez individuals are widows of retirees who died final claim, there has been little action. I am DeLay Knollenberg Sandlin before the SBP was enacted or during the confident, however, that the upcoming report Diaz-Balart Kolbe Sanford Dickey LaHood Saxton open enrollment period before making a par- of the Secretary of Defense will help move the Dicks Largent Scarborough ticipation decision. There are 3,000 to 10,000 process along by identifying the Gibbs and Hill Doyle Latham Schaefer, Dan pre-1974 widows. claim, and any other outstanding claims, re- Dreier LaTourette Schaffer, Bob In 1978, the law was changed to allow Re- Dunn Lazio Scott sulting in a public record of the Kingdom of Edwards Leach Shadegg servists the opportunity to elect survivor bene- Saudi Arabia's failure to pay its debts to Amer- Ehlers Levin Shaw fit coverage for their spouses and children ican businesses. Ehrlich Lewis (CA) Shimkus when completing 20 years of qualifying serv- With the support of the Senate Armed Serv- Emerson Lewis (GA) Sisisky English Lewis (KY) Skeen ice. However, it did not provide coverage for ices Committee for the House directive report Ensign Linder Skelton widows of Reserve retirees who died prior to language, I am hopeful the Secretary of De- Etheridge Livingston Smith (NJ) its enactment. Thus the second category of fense, in consultation with the Secretaries of Evans Lucas Smith (TX) ``forgotten widows'' evolvedÐthe pre-1978 re- Ewing Maloney (CT) Smith, Adam State and Commerce, will issue this report in Fawell Maloney (NY) Smith, Linda serve widows. There may be 3,000 to 5,000 a timely matter. Foley Manzullo Snowbarger widows in this category. Mr. SPENCE. Mr. Speaker, I have no Forbes Mascara Snyder In 1948, when the Civil Service Survivor further requests for time, and I yield Fowler McCarthy (NY) Solomon Fox McCollum Souder Benefit Plan was enacted, it also created back the balance of my time. Frelinghuysen McCrery Spence some civil service forgotten widows. In 1958, The SPEAKER pro tempore (Mr. Frost McHale Spratt Congress authorized an annuity of up to $750 SNOWBARGER). Without objection, the Gallegly McHugh Stabenow per year for the widows of civil service em- Gejdenson McInnis Stearns previous question is ordered on the Gekas McIntyre Stenholm ployees who were married to the employee for conference report. Gephardt McKeon Strickland at least five years before the retiree's death, There was no objection. Gibbons McNulty Stump were not remarried, and were not entitled to The SPEAKER pro tempore. The Gilchrest Meehan Sununu Gillmor Meek Talent any other annuity based on the deceased em- question is on the conference report. Gilman Menendez Tanner ployee's service. The question was taken; and the Goode Metcalf Tauzin Today, all military ``forgotten widows'' have Speaker pro tempore announced that Goodlatte Mica Taylor (MS) to show for their husbands' careers are Goodling Miller (FL) Thomas the ayes appeared to have it. Goss Mink Thompson memories. The 1958 civil service benefit of Mr. DELLUMS. Mr. Speaker, I object Graham Moran (KS) Thornberry $750 equates to more than $3,600 in 1994 to the vote on the ground that a Granger Moran (VA) Thune dollars. quorum is not present and make the Green Murtha Thurman Military ``forgotten widows'' deserve at least Greenwood Myrick Tiahrt point of order that a quorum is not Gutknecht Nethercutt Tierney the minimum SBP annuity allowed under cur- present. Hall (OH) Neumann Turner rent law. Therefore, I introduced legislation, The SPEAKER pro tempore. Evi- Hall (TX) Ney Upton H.R. 38, that would provide these widows with Hamilton Northup Visclosky dently a quorum is not present. Hansen Norwood Walsh a monthly annuity of $165 per month. H.R. 38, The Sergeant at Arms will notify ab- Harman Nussle Wamp has received bipartisan support and has more sent Members. Hastert Ortiz Waters than 50 cosponsors. Without objection, the Chair will re- Hastings (WA) Oxley Watkins I was pleased that the Senate included a Hayworth Packard Watts (OK) duce to not less than 5 minutes the Hefley Pallone Weldon (PA) similar provision in its authorization act. The time for a vote by the yeas and nays on Hefner Pappas Weller conference report that we are considering the question of suspending the rules Hill Parker Weygand Hilleary Pascrell White today retains this important provision from the and agreeing to House Resolution 139, Senate's legislation. The inclusion of forgotten Hinojosa Pastor Whitfield postponed earlier today, which will im- Hobson Paxon Wicker widows in the Survivor Benefit Plan is long mediately follow this vote. Hoekstra Pease Wolf overdue. Holden Peterson (MN) Wynn There was no objection. Horn Peterson (PA) Young (AK) I urge my colleagues to support the con- The vote was taken by electronic de- ference report for H.R. 1119. Hostettler Petri Young (FL) vice, and there were—yeas 286, nays Hoyer Pickering Mr. SAXTON. Mr. Speaker, I want to thank 123, not voting 24, as follows: Hulshof Pickett the committee for adding language to the NAYS—123 House-passed version of the Defense Author- [Roll No. 534] YEAS—286 Ackerman Crapo Engel ization Act that would commission a study to Barrett (WI) Cummings Eshoo Abercrombie Barton Bonior help resolve outstanding U.S. commercial dis- Becerra Cunningham Everett Aderholt Bass Bono Berman Danner Farr putes against the Kingdom of Saudi Arabia. Allen Bateman Boswell Blumenauer Davis (IL) Fattah There remain, however, slight technical modi- Archer Bentsen Boyd Bonilla DeFazio Fazio Armey Bereuter Brady fications to the directive report language I Brown (OH) DeGette Filner Bachus Berry Brown (FL) would like to clarify in this statement. Campbell Delahunt Foglietta Baesler Bilbray Bryant Cardin Dellums Ford The purpose of the study is to re-open the Baker Bilirakis Bunning Chenoweth Deutsch Frank (MA) claims process established under the FY93 Baldacci Bishop Burton Clay Dingell Franks (NJ) Ballenger Blagojevich Buyer Defense Appropriations Bill and to require the Condit Dixon Furse Barcia Bliley Callahan Department of Defense to conduct a broad Conyers Doggett Ganske Barr Blunt Calvert Costello Dooley Gordon and comprehensive search into any remaining Barrett (NE) Boehlert Camp Coyne Doolittle Gutierrez claims not resolved under the Act. As many in Bartlett Boehner Canady H9610 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Hastings (FL) McCarthy (MO) Royce privileged report (Rept. No. 105–355) on tion Service to process our application), who Herger McDermott Rush the resolution (H. Res. 284) providing spends most of her time caring for our 22- Hilliard McGovern Sabo month-old daughter. As we are on the verge Hinchey McKinney Sanders for consideration of the bill (H.R. 2493) of applying to remove the conditional status, Hooley Millender- Sawyer to establish a mechanism by which the I am very concerned about how the INS may Jackson (IL) McDonald Sensenbrenner Secretary of Agriculture and the Sec- Jackson-Lee Miller (CA) Serrano view a Congressional subpoena on her record. (TX) Minge Sessions retary of the Interior can provide for We do not know why she is being inves- Johnson (WI) Moakley Shays uniform management of livestock graz- tigated. The committee doing so is the one Kennedy (MA) Morella Sherman ing on Federal lands, which was re- investigating alleged campaign fundraising Kilpatrick Nadler Skaggs abuses. Li had a Chinese surname. She once Kind (WI) Neal Slaughter ferred to the House Calendar and or- Kleczka Oberstar Smith (MI) dered to be printed. held a low level job (translating and staffing meetings with the FBI and Secret Service) in Klug Obey Stokes f Kucinich Olver Stupak the security office of the Taiwan non-em- LaFalce Owens Tauscher THE JOURNAL bassy here (a job that she resigned in 1995 in Lampson Paul Torres order to marry me, a one-time registered Re- Lantos Pelosi Towns The SPEAKER pro tempore. Pursu- publican (I was a callow youth at the time) Lipinski Pombo Traficant ant to clause 5 of rule I, the pending and currently a 20-year mid-level Federal LoBiondo Poshard Velazquez Lofgren Rahall Vento business is the question of the Speak- civil servant who hasn’t given a penny to Lowey Ramstad Watt (NC) er’s approval of the Journal of the last any politician or party since the $50 tax Luther Rangel Waxman day’s proceeding. credit was repealed in 1986). In her job, she Manton Rivers Wexler had no contact with American political par- Markey Rodriguez Wise Pursuant to clause 1, rule I, the Jour- ties or politicians. Martinez Roukema Woolsey nal stands approved. We categorically deny any involvement, by Matsui Roybal-Allard f my wife or myself, in political fundraising NOT VOTING—24 for any party in the 1996 campaign or any ABUSE OF SUBPOENA POWER Andrews Flake Schiff other campaign since 1986. Borski Gonzalez Schumer (Mr. MORAN of Virginia asked and I would like for you to intervene on our be- Boucher Houghton Shuster was given permission to address the half. I would like this committee to with- Brown (CA) Kelly Smith (OR) draw this subpoena and expunge it from its Burr McDade Stark House for 1 minute and to revise and records. Capps McIntosh Taylor (NC) extend his remarks and include extra- Thank you for your help in this matter. Cubin Mollohan Weldon (FL) neous material.) Sincerely, Duncan Payne Yates Mr. MORAN of Virginia. Mr. Speak- TED HUDSON. b 2109 er, on Saturday, a constituent of mine by the name of Ted Hudson, received a BELL ATLANTIC CORP., Mr. SAWYER changed his vote from Cockeysville, MD, October 17, 1997. ‘‘yea’’ to ‘‘nay.’’ subpoena for all of the telephone records of his wife from the U.S. House LIPING CHEN, Messrs. CLYBURN, NORWOOD, Alexandria, VA. of Representatives, the Committee on BARR of Georgia, and NEY changed DEAR CUSTOMER: It is this Company’s pol- their vote from ‘‘nay’’ to ‘‘yea.’’ Government Reform and Oversight, in- icy to notify a subscriber when we receive a So the conference report was agreed vestigating campaign financing. This subpoena or summons for our toll billing to. subpoena was issued only because his records for a subscriber’s account. The result of the vote was announced wife’s name is LiPing Chen. His wife We received a subpoena from the House of has a Chinese surname. Mr. Speaker, Representatives of the Congress of the Unit- as above recorded. ed States of America, requesting toll billing A motion to reconsider was laid on this is a 20-year civil servant who cat- egorically denies any involvement by records for your telephone number 703–820– the table. 7768. f him or his wife in political fund-raising This subpoena demands billing records for for any party in the 1996 campaign or the time period of January 1, 1994 through GENERAL LEAVE any other campaign back to 1986 when September 19, 1997. This Company, in re- Mr. SPENCE. Mr. Speaker, I ask the $50 tax credit was repealed and at sponse to this subpoena, will furnish the unanimous consent that all Members that time he was a Republican. available toll billing records to the Commit- may have 5 legislative days within The only reason his wife’s telephone tee on the Government Reform and Over- sight on or before October 20, 1997. which to revise and extend their re- records were subpoenaed is because she has a Chinese surname. This Congress Any questions, you may have about the marks on the conference report just subpoena, should be referred to the Commit- adopted. has no business turning our Govern- tee on Government Reform and Oversight on The SPEAKER pro tempore (Mr. ment into a police state. This is totally 202–225–5074. SNOWBARGER). Is there objection to the inappropriate and I will come to the Sincerely, request of the gentleman from South floor every day until this subpoena is DORIS COX. Carolina? withdrawn and an apology is issued to f There was no objection. this family. LEAVE OF ABSENCE f Mr. Speaker, I submit for the RECORD a letter I received from Mr. Hudson and By unanimous consent, leave of ab- REPORT ON RESOLUTION PROVID- an attachment from his telephone com- sence was granted to: ING FOR CONSIDERATION OF pany. Mr. SCHIFF of New Mexico (at the re- H.R. 1270, THE NUCLEAR WASTE ALEXANDRIA, VA, quest of Mr. ARMEY) through Friday, POLICY ACT OF 1997 October 26, 1997. November 14, 1997, on account of medi- Hon. JAMES P. MORAN, cal reasons. Mr. HASTINGS of Washington, from House of Representatives, Cannon House Office the Committee on Rules, submitted a Building, Washington, DC. Mr. WELDON of Florida (at the re- quest of Mr. ARMEY), for October 29 and privileged report (Rept. No. 105–354) on Re Committee on Government Reform and the resolution (H. Res. 283) providing Oversight abuse of subpoena power. October 30 on account of attending his father’s funeral. for consideration of the bill (H.R. 1270) DEAR MR. MORAN: My wife, LiPing Chen to amend the Nuclear Waste Policy Act Hudson, received the attached letter on Sat- f of 1982, which was referred to the House urday, October 25, from the telephone com- Calendar and ordered to be printed. pany stating: ‘‘We received a subpoena from GRANTING MEMBERS OF HOUSE PRIVILEGE TO EXTEND RE- f the House of Representatives of the Congress of the United States of America, requesting MARKS IN CONGRESSIONAL REPORT ON RESOLUTION PROVID- toll billing records for your telephone num- RECORD TODAY ING FOR CONSIDERATION OF ber . . . for the period of January 1, 1994 Mr. FAZIO of California. Mr. Speak- through September 17, 1997.’’ H.R. 2493, FORAGE IMPROVEMENT er, I ask unanimous consent that for ACT OF 1997 My wife is a citizen of Taiwan, an alien with conditional permanent residency in this today, all Members be permitted to ex- Mr. HASTINGS of Washington, from country (in 1995 your office was instrumental tend their remarks and to include ex- the Committee on Rules, submitted a in getting the Immigration and Naturaliza- traneous material in that section of