[Congressional Record Volume 144, Number 98 (Tuesday, July 21, 1998)]
[Senate]
[Pages S8604-S8611]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 1999

  The PRESIDING OFFICER. The clerk will report the pending business.
  The assistant legislative clerk read as follows:

       A bill (S. 2260) making appropriations for the Departments 
     of Commerce, Justice, and State, the Judiciary and related 
     agencies for the fiscal year ending September 30, 1999, and 
     for other purposes.

  The Senate resumed consideration of the bill.
  The PRESIDING OFFICER (Mr. Sessions). The Senator from New Hampshire.
  Mr. GREGG. Mr. President, let me begin to address this issue. I know 
Senator Hollings is on his way to the floor, the ranking Democrat, who 
has worked so conscientiously on this, along with his staff and my 
staff. This is the appropriations bill which covers some very core 
agencies that the Federal Government has responsibility for, 
specifically areas of Justice, things like the FBI, the DEA, the INS; 
areas within Commerce--many areas, of course, are covered by the 
Commerce Department including, of course, the census issue. Equally 
important, in fact more important in many ways are ITA and NOAA, two 
agencies that deal with the manner in which the U.S. economy functions 
and the manner in which our environment is reviewed. We try to stay 
ahead of weather conditions.
  In addition, this bill has the State Department--obviously the State 
Department is a core function of the Federal activity--and the 
judiciary, which is the third branch of the Government, that is also 
under this bill, along with a number of independent agencies, agencies 
like the FCC and the FTC and the Small Business Administration. So this 
is a bill that has broad reach and is a very significant item for the 
Senate to take up.
  This funding bill has been put together as a result of the hard work 
of a lot of people. I especially thank my ranking member, Senator 
Hollings, whose input and assistance is always invaluable on this 
issue. His background and knowledge of the questions which are raised 
on this bill are extraordinary. I look to him for advice and counsel on 
many issues. When we agree, we make great progress, which we have on 
this bill. This bill was reported out of the committee unanimously.

[[Page S8605]]

  In addition, I thank my staff which has worked so hard, and minority 
staff which has worked so hard, and the other members of the committee.


                         Privilege of the Floor

  Mr. GREGG. During the pendency of this bill, I ask unanimous consent 
floor privileges be made available to Jim Morhard, Paddy Link, Kevin 
Linskey, Carl Truscott, Dana Quam, Vas Alexopoulos, Kris Pickler, Lila 
Helms, Emelie East, Dereck Orr, and Virginia Wilbert.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. That request also included members of the minority staff.
  Mr. President, this bill, S. 2260, is, as I mentioned, a bipartisan 
bill. It was reported out of committee unanimously. It is a bill that 
allocates $33.2 billion for fiscal year 1999. The bill provides $1.1 
billion more than was spent on these agencies last year. I will explain 
the reasons for those increases as we go on. It is $3.6 billion less 
than what the President requested.
  It is a lean bill. There were difficult decisions that had to be 
made. But the legislation supports the core functions which are 
required of these agencies while improving a number of activities 
pursued by these agencies.
  We provide $17.8 billion for the Justice Department. This includes 
funds to combat terrorism, violence against women and children, illegal 
drug running, and cybercrime, along with many other worthwhile 
programs.
  I am proud to say the committee included a total of $17.2 million to 
bolster programs that help law enforcers find and care for missing 
children. This bill furthers our goals of making communities safer for 
our children.
  You may recall last year the committee increased funding for the FBI 
and the National Center for Missing and Exploited Children to prevent 
the use of the Internet to exploit children. Based on the follow-up 
hearings we held this year, I believe those funds have been put to good 
use. The Center was involved in recovering 4,878 children this year 
with an overall recovery rate of 90.3 percent. The Center increased the 
hours of operation for their phone tip hotline and created a web site 
on the Internet for public use. The hotline, in conjunction with the 
web site, should lead to more pedophile apprehension. The Center also 
provides special training for local law enforcement people at the Jimmy 
Ryce Law Enforcement Training Center about how to pursue missing 
children. This is a serious issue, missing children, and we are trying 
to address it aggressively in this bill.
  As part of this effort, we have recommended $5.2 million for the FBI 
to combat child abductions and serial killing.
  The FBI has put together an exceptional task force to address the 
issue of child abductions and serial killings.
  The tragic school shootings in the past few months that have shocked 
the Nation are also a concern of ours. According to the National School 
Safety Center, 25 students have been killed in U.S. schools since 
January 1 of this year. This is the same number of students who were 
killed for the full 1996 school year, but in half the time.
  For this reason, the Senator from South Carolina and I created a new 
Safe Schools Initiative which provides $210 million to introduce a 
positive law enforcement presence in our school systems. By working 
together with educators and local communities, we believe law enforcers 
can find ways to stop the escalation of murders and violence in our 
schools. The funding is found in three Department of Justice accounts: 
$175 million from Community Orientated Policing (COPS) for additional 
officers; $25 million for the Juvenile At-Risk Children's Program for 
prevention efforts; and $10 million from the National Institute of 
Justice to develop new, more effective safety technologies. These funds 
will be used by local law enforcers in partnership with schools and 
communities to develop programs to improve safety in our schools.
  I congratulate and appreciate the support of the Senator from South 
Carolina in developing this new initiative. Our intention is to provide 
educators with the means to improve hostile environments. We must make 
sure that violence does not become a commonplace event in our school 
systems.
  In addition to this new Safe Schools Initiative, we fund many of the 
out-of-school programs for children that will likely be familiar to 
you. We increase funding for the Boys and Girls Clubs of America, for 
the Big Brothers/Big Sisters program which brings young people together 
with responsible adults willing to serve as long-term mentors. These 
programs give students positive reinforcement while expanding their 
horizons while taking up those hours of the day when students are most 
at risk --the time right after school.
  There are prevention programs, such as the National Crime Prevention 
Council, whose well known mascots of McGruff and Scruff make learning 
safety tips fun, or Parents Anonymous which advocates prevention of 
child abuse and which will be creating an immediate-response system 
with the fiscal year 1999 funding.
  Many States have youth programs tailored to their communities, and 
these communities may be eligible for Federal grants to assist in the 
areas of education, research, prevention, and rehabilitation. These are 
the types of programs the committee is supporting by placing $284 
million in the juvenile justice programs account.
  I stress here that we have not tried to reinvent the wheel. We have 
supported programs that work, and we have turned to communities to give 
us their ideas as to how these funds should be allocated.
  Also in line with youth support, the committee is recommending $12 
million to expand the Youth Gang Program and $95 million for incentive 
grants for local delinquency programs, including $25 million to enforce 
underage drinking laws.
  Most of the programs I have mentioned are prevention programs to work 
with youth, but there is more to this process. The committee, with help 
from the chairman of the Judiciary Subcommittee on Youth Violence, 
added $100 million for the juvenile accountable incentive block grant. 
These funds will go towards functions that are in place to emphasize 
accountability to juveniles after they have committed crimes, such as 
detention facilities and probation officers.
  The committee recommends an increase to $282 million for the Violence 
Against Women Program. According to the Justice Department, violence by 
an intimate accounts for 21 percent of the violent crime experienced by 
women. Our legislation increases the number of law enforcers and 
prosecutors who will address these crimes. Our intent is to develop and 
implement effective arrest and prosecution policies in order to provide 
better handling of crimes against women. Women ages 16 to 24 experience 
the highest per capita crime rates of intimate violence. Therefore, the 
committee is providing $10 million within the funding level for the 
prevention of violence on college campuses. By doing so, we will be 
helping the women who are most at risk.

  Many of our colleagues are familiar with the story of Megan Kanka who 
was killed by her neighbor, a convicted sex offender, in New Jersey in 
1994. Congress subsequently passed Megan's law that asks States to 
require its violent sex offenders to register their address with 
government officials upon their release from prison. To further this 
effort, this bill contains $25 million for the National Sex Offender 
Registry to identify, collect, and exchange sex offender data from the 
States through an automated registry.
  Further, the bill includes $45 million to assist States in improving 
the automation, accuracy, and completeness of criminal history records. 
This will facilitate the exchange of interstate information.
  In addition, we add money for the DNA programs so that States will be 
able to communicate effectively with each other on the issues of DNA.
  The balance that we tried to reach was between those areas of 
prevention where we can assist children, especially children in school, 
and give them leadership when they are out of school during those 
difficult hours, with the need to have a tough enforcement process, and 
that enforcement process has been adequately funded and aggressively 
funded as a result, in large part, of the Senator who is sitting in the 
Chair right now whose leadership on the issues of juvenile justice is 
primary in this body.
  Another area of Justice activity we have addressed is the terrorism 
issue.

[[Page S8606]]

 Terrorism continues to be a primary concern and threat to our country, 
so the committee is continuing to support a strong counterterrorism 
policy, something we began a couple of years ago with the work of 
Senator Hollings and myself.
  The Attorney General is working on a counterterrorism strategy that 
should be completed by the end of the year. We look forward to the 
completion of that plan, and we are recommending $224 million for 
counterterrorism initiatives.
  Our counterterrorism recommendation is comprehensive. A portion of 
this funding will go to the first-responder training and equipment as 
the Nation must be able to quickly react to a terrorist incident. 
Another portion will provide funding for specific programs to build 
this capacity, such as metropolitan medical strike team training and 
equipment, the acquisition of equipment for the largest cities and 
localities in the United States, the implementation of situational 
exercises, State and local bomb detection and technician equipment, and 
equipment grants for local fire and emergency agencies. The intent of 
the committee is to provide direct assistance to the first responders 
as well as to guide our national policy toward a coordinated and 
effective response.
  We also recommend significant funding for State and local law 
enforcers to have the same training and equipment as their Federal 
counterparts. The committee recognizes the need for the Federal, State, 
and local law enforcers to work together, especially in addressing a 
terrorist attack.
  We provide funding for the FBI to prepare for terrorist attacks. The 
issue of terrorism is a two-fold event--one of trying to stop it and 
anticipate it through intelligence and, second, trying to react when 
such an unfortunate incident occurs. We have aggressively funded the 
FBI initiatives.
  As part of the counterterrorism effort, we enable the Attorney 
General to quickly receive reimbursements from other agencies as well 
as to acquire the necessary equipment and services during a terrorist 
crisis.
  We have further requested the Attorney General to conduct a no-
notice, counterterrorism-readiness exercise involving the leadership of 
all pertinent agencies. We look forward to the results of that 
exercise.
  This is just a brief summary of some of the elements of our 
counterterrorism strategy. Obviously, some parts of it have to remain 
classified, but our purpose is to have a comprehensive, all-
encompassing response to what is clearly one of the biggest issues 
facing our country.
  Are we prepared for a terrorist attack at this time? No, we are not. 
Are we moving in the right direction to get prepared for such an 
attack? Yes, we are. Having visited almost all the agencies that are 
involved, those that are in our purview of jurisdiction and those 
outside our purview of jurisdiction, the one thing I have been most 
impressed with is a sincere and genuine effort to have a coordinated 
response to this issue, and there appears to be very little in the way 
of a turf fight going on, which is absolutely critical that we avoid in 
trying to address this issue.
  In the area of drugs, we also have a major effort. The strategy 
includes $24 million for DEA's methamphetamine initiative and $13 
million for the heroin strategy. To also combat methamphetamine 
production and trafficking, we are recommending a $15.5 million 
methamphetamine program through the COPS program.
  The Senator from South Carolina and I have worked with the DEA 
Administrator to create regional drug enforcement teams to address the 
strategies of the cartels. The committee directs $21.8 million for this 
effort, and there is an additional $5.6 million provided to handle the 
influx of violent drug-trafficking groups based in the Caribbean.
  We included also $25 million for S. 1605, the ``Bulletproof Vest 
Partnership Act,'' sponsored by my friend and colleague from Colorado, 
Senator Campbell, and signed by the President on June 16. This funding 
will go to law enforcement officers for the purchase of bulletproof 
vests.
  The committee recommends a new initiative which provides $144 million 
to improve law enforcement in Native American communities. The funds 
come from a variety of agencies. However, we have seen, unfortunately, 
that adequate law enforcement in Native American communities is 
woefully lacking, and there are a number of initiatives which we have 
undertaken in this bill to try to assist those communities.
  In the area of the INS, the Immigration and Naturalization Service, 
this bill provides $3.9 billion. We want to equip the INS with the 
means to manage its two-pronged duty of law enforcement and legal 
immigration. On the enforcement end, we are recommending an additional 
1,000 Border Patrol agents for the borders and a 100-person integrated 
team designed to intercept illegal aliens traveling on highways in the 
South and Midwest in order to counteract problems arising in the 
interior of the country.
  When we take these 1,000 agents and add them on top of the 1,000 
agents we put in last year, we are making a huge personnel expansion in 
the INS in the area of the Border Patrol where the problem exists.
  For the second prong, the administrative portion, we provide 
sufficient funding that is enhanced by technology. The INS construction 
and maintenance has been woefully under funded in the past years, and 
we recommend more than a 33 percent increase. The $110 million level 
will strengthen training, border control, and detention and 
deportation.
  Detention space shortfalls and the naturalization backlog will 
benefit from the increased revenues from revived fees. Where possible, 
new technology should ease the burden on our overworked personnel.
  Of note, this bill does not address the INS reform issue. Reform is 
needed in that agency, but it is too complex an issue to address in the 
context of this appropriations bill. Clearly, it needs to be addressed 
in the future and, hopefully, in the near term.
  In the Commerce Department we have provided $4.9 billion. The 
committee provides funding requested by the President for the U.S. 
Trade Representative and the International Trade Commission, and a 
variety of other international trade activities, including ITA, at 
funding levels which are more than adequate to address the concerns in 
trade which are so critical to strong commerce. Commerce Department 
programs are supported specifically at a level that will adequately do 
the job that is required.
  In the area of the census, we have put in $848 million, over a half-
million dollars. This is the amount that was requested. We have not 
addressed the issue of the question of the proper way to count the 
census. The decennial census is important not just for the 
apportionment of Representatives in the House of Representatives but 
for many of the formulas that create grants to the States.
  The dress rehearsal for the census raised several issues which 
deserve congressional scrutiny. This occurred recently in two cities in 
the United States. Going into the dress rehearsal, the Census Bureau 
did not have in place software which could detect duplicate or 
fraudulent census forms. The inability of the Bureau to test such an 
important system during the dress rehearsal is troubling.

  The keystone of any census is the mailing list. In this bill, 
additional funds are provided to assist the Bureau in ``re-
engineering'' its mailing list. The forms returned as ``undeliverable 
as addressed'' during the rehearsal were twice the number estimated by 
the Census Bureau. Mailing list problems varied in three locations in 
which the dress rehearsal was conducted.
  The purpose of the dress rehearsal is, of course, to identify 
shortcomings which must be corrected in order for the decennial census 
to be successful. The Census Bureau is behind in its efforts to create 
its Master Address File for the decennial census. Also, reports of mail 
address problems from the dress rehearsal do nothing to increase the 
confidence that the address list ``re-engineering'' will be successful. 
During the dress rehearsal, maps for enumerators to follow up with 
those not responding to the census were found to be hard to read and, 
in some instances, inaccurate.
  A successful census will require a good mailing list, a way to detect 
fraudulent or duplicate forms, and maps to permit enumerators to follow 
up on nonresponsive citizens. We will

[[Page S8607]]

spend billions of dollars on the year 2000 census. We should expect 
these basic elements to be in place for the dress rehearsal. They were 
not, and this should concern every Senator.
  We need to know what is going to happen with the census when it 
occurs. Clearly, there is a fight going on over whether there should be 
sampling. But one thing is obviously clear from the dress rehearsal: 
Whether there was sampling or whether there was not sampling--whether 
there was a head count or not--the census is not ready to go forward 
and a lot needs to be done.
  The bill funds the National Institute of Standards and Technology 
(NIST) programs at a level of $646.7 million. This level will enable 
NIST to upgrade its facilities and to build a state-of-the-art Advanced 
Measurement Laboratory. NIST's activities are actually critical to 
American industry. They are especially important now where exporters 
are running into trade barriers which are sometimes technically applied 
to them, and this can assist them in being more responsive to these 
technical barriers.
  The committee also funds the National Oceanic and Atmospheric 
Administration (NOAA) at $2.2 billion. This exceeds the requested 
level. This committee is totally committed to being sure that we have a 
first-class NOAA effort. Clearly, in light of what we have seen from El 
Nino and other weather events in this country in recent times, it is 
absolutely critical that we have a strong Weather Service. And the need 
to expand our activity in the area of ocean activities is also equally 
critical.
  NOAA advises us that they are getting near to the ability to 
adequately forecast an El Nino type of event, and we intend to make 
sure they have the funds to accomplish that. In addition, this year's 
budget request includes the Advanced Hydrological Prediction System, 
which should assist in forecasting floods in the Missouri flood basin, 
an absolutely critical issue, as well as the Advanced Weather 
Interactive Processing System which the National Weather Service needs.
  Further, we have created a new Oceans Policy Commission. This is 
basically the outgrowth of an initiative of, again, the Senator from 
South Carolina. As some may recall, NOAA was initially created under 
the Nixon administration by Executive order. The idea for an agency to 
conduct research on oceans and atmosphere came as an outgrowth of the 
Stratton Commission, which was created in the 1960s. I think it is fair 
to say that the Senator from South Carolina and I believe the time has 
come to reinvigorate and assess the state of U.S. ocean policy and 
research. This commission will accomplish that.
  In the area of the State Department and its related agencies, we have 
provided $5.6 billion. We are totally committed to modernizing the 
information technology and facilities, and especially housing, of the 
State Department. The committee recommended $118 million, the full 
request, for computers and communications equipment. This funding is an 
essential part of achieving the year 2000 compliance. Another $5 
million is provided for systems unique to the United States Information 
Agency. And $550 million, approximately, is provided for the security 
and maintenance account, and $52.9 million is allocated for desperately 
needed housing. Finally, we fund the design of two new chanceries in 
Beijing and Berlin and anticipate funding the construction in next 
year's bill.
  As for the international accounts, the committee recommends $1.1 
billion for international organizations and $431 million for 
peacekeeping. Though the administration did not request it, the 
committee recommendation includes $475 million for arrears. The $475 
million is consistent with the State Department authorization bill and 
the 1998 budget resolution. This year's payment brings the total 
available for arrears to $575 million. That is the amount that the U.N. 
requested. And we are on course to full funding of the arrears. With a 
stroke of the pen, the President can restore the credibility of the 
United States at the U.N. by simply signing the appropriate legislation 
--specifically, the State Department authorization bill which was 
agreed to. So the Congress has done its part and continues to do its 
part on funding the arrears issue.
  The problem lies with the White House.
  Finally, because of the crisis in India and Pakistan, we fully fund 
the Arms Control and Disarmament Agency.
  In the area of the Judiciary, out of a total of $3.6 billion, we 
recommended full funding for the Judiciary's highest priorities: court 
security, defender services, and the Supreme Court. The remaining 
accounts receive increases across the board, although not all at levels 
that they were requested. We also include a cost-of-living adjustment 
for the justices and the judges.
  We, as I mentioned, have a number of independent agencies. In regard 
to the Federal Communication Commission (FCC), we are funding that at 
the levels they requested. However, there remains the issue of the 
Portals II building. I am sure there will be considerable discussion of 
that before we complete this bill, but the fact is that there has been 
gross mismanagement relative to the Portal II building. The FCC should 
not be forced into moving into a building that does not meet its 
requirements from the standpoint of technology or security, and that 
building is really a total affront to the taxpayers of this country--
that being the fact that we continue to pay for uninhabited space which 
is uninhabitable space as well as being uninhabited.
  In the Federal Trade Commission, we have aggressively worked with the 
leadership of the Federal Trade Commission, Chairman Pitofsky, to 
pursue an aggressive program on telemarketing fraud. Consumers lose 
anywhere from $3 billion to up to $40 billion a year as a result of 
telemarketing fraud. We are seeing a great expansion of this activity, 
especially on the Internet. The committee is working with the 
Commission and has set up a new program to try to address this, 
including an 800 number. The Commission feels quite confident this will 
have a significant impact on the problem.
  The Small Business Administration is also funded at a high level, 
$613 billion. Of this, $240.8 million goes to business loans and $94 
million goes for the disaster loan account.
  Of concern to the committee is the administration's request to 
increase the disaster loan interest rate. This request was soundly 
rejected. The committee has made it clear to the SBA and the 
administration that increasing the interest rates on loans to Americans 
who have experienced disasters is unacceptable. The administration 
should reverse its ill-considered proposal to make disaster victims pay 
market rates for assistance in recovering from economic injury.
  I thank the Senator from South Carolina for his strong assistance in 
helping with this bill. There is a great deal more to talk about, and I 
am sure we will have plenty of time to do that as we proceed forward.
  I thank the Senator from South Carolina for his courtesy for that 
long statement. I understand we may break at 12:30, so he may want to 
reserve his statement.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. HOLLINGS. Mr. President, I think the distinguished chairman has 
stated it extremely well.
  Mr. President, I am pleased to join my Subcommittee Chairman and 
colleague, Senator Gregg, in presenting to the Senate S. 2260, the 
Fiscal Year 1999 Commerce, Justice, and State, the Judiciary and 
related agencies appropriations bill. Once again, I would like to 
commend Chairman Gregg for his outstanding efforts and bipartisan 
approach in bringing to the floor a bill that--given the number of 
priorities we have been asked to address within our limited 302(b) 
allocations--is good and balanced.
  In the Commerce, Justice, and State appropriations bill, we fund a 
wide variety of Federal programs. We fund the FBI, the DEA, the State 
Department and our embassies overseas, fisheries research, the National 
Weather Service and weather satellites, the Supreme Court, the Federal 
Communications Commission, and the list goes on and on. In total, this 
bill provides $33.2 billion in budget authority which is a little over 
a billion above last year's appropriated levels and a little over a 
billion below the President's request. The bill is right at our section 
302(b) allocation.
  Chairman Gregg has touched on many of the funding specifics in this

[[Page S8608]]

bill, so I will not repeat the details; however, I would like to point 
out to our colleagues some of the highlights of this bill:


                      justice and law enforcement

  This bill provides appropriations totaling $17.8 billion for the 
Department of Justice. Within the Justice Department, the bill provides 
$2.95 billion for the FBI, $1.2 billion for the DEA, and $1.08 billion 
for the U.S. attorneys.
  Safe Schools Initiative--The bill also includes a new initiative, the 
Safe Schools Initiative for which Senator Gregg and I have provided 
$210 million in an effort to combat violence in our schools.
  This past spring it seemed like there wasn't a week that went by 
without the country having to suffer through the trauma of watching on 
the news another story of school shootings or school violence unfold. 
And the ages of the victims and the violent youth get younger and 
younger with each report.
  National statistics provided by the Justice Department indicate that 
between 1989 and 1995, there has been a 37 percent increase in the 
number of students age 12-19 reporting violent crimes at school. In 
1995, there were 3 million students age 12-19 reporting that they knew 
a student who brought a gun to school, and over 1.2 million students 
reported seeing a student with a gun at school.
  The idea behind this initiative is to stop violence from spreading 
throughout our Nation's schools like so many drugs have.
  This initiative is aimed at protecting our children by putting more 
police in the school setting. The bill provides $175 million through 
the COPS Program, for local police departments and sheriff's offices to 
work with schools and other community-based organizations to develop 
programs to improve the safety of elementary and secondary school 
children and educators in and around our nation's schools.
  In Richland County, Columbia, I recently visited a school that 
employed a police officer as both a teacher and a mentor--serving as an 
authoritarian figure while at the same time establishing friendships 
with the kids. We need more programs like this--and this initiative is 
a step in that direction.
  This initiative is also aimed at creating prevention programs for our 
young people to stop this violence before it begins. The bill provides 
$25 million from the Juvenile Justice At-Risk Children Program for 
communities to implement approaches unique to their particular 
problems. For example: State centers may provide accountability and 
responsibility training, violence reduction training, juvenile 
mentoring, training for teachers to recognize troubled children, parent 
accountability and family strengthening education.
  In Richland County, Columbia, the same program that puts the 
policeman in the classroom has him out of the school fields after 
classes are over, teaching students about responsibility, cooperation, 
and positive interaction.
  Mr. President, three years ago, Richland County began a program of 
placing police officers in the school setting. This program, operating 
out of the Sheriff's office, places 20 certified police officers in 
high schools and middle schools throughout Richland County. The police 
officers are called ``School Resource Officers'' and basically serve as 
counselors, role models, and teachers. The officers assist teachers in 
the school by developing and teaching lesson plans that include: 
conflict resolution, law related education, psychology classes on drug 
abuse, and how to vocalize concerns rather than act out violence, etc.
  This program is a proven success. Officer David Soto of Richland 
County, just named School Resource Officer of the Year, made 126 
arrests at the school in his first year, 56 is the second, and only 36 
this past year. His presence is most certainly making a difference. And 
this new initiative will too.
  For grants, the bill provides $1.4 billion for the Community Oriented 
Policing Services (COPS) Program, $282.7 million for Violence Against 
Women Program, $711 million for State prison grants, $552 million for 
the Local Law Enforcement Block Grant Program, $40 million for drug 
courts, and $284 million for juvenile justice programs.


                         DEPARTMENT OF COMMERCE

  The bill provides $4.823 for the Commerce Department, an increase of 
$572 million over this year.
  $451 million of that increase for the Department of Commerce went to 
the Bureau of the Census to fund the decennial census at the 
President's request level of $848.5 million. The bill does not take a 
position on whether the Bureau should use statistical sampling or 
enumeration.
  NIST's Advance Technology Program (ATP) is funded at last year's 
appropriated level of $192.5 million, and the Manufacturing Extension 
Partnership (MEP) program is funded at a level of $106 million. Funding 
is extended for those centers affected by the existing sunset 
provision. The bill supports the bipartisan efforts of the 17 members 
of the Commerce Committee who voted to report out a reauthorization 
bill and the 20 cosponsors of that legislative proposal.
  The International Trade Administration is funded at $304 million.
  The bill provides $2.2 billion for NOAA, an increase of $200 million 
over this year's funding level. Chairman Gregg and I have continued to 
work bipartisanly to keep a focus on our Oceans.
  Oceans Commission funding. Senator Gregg and I have also included in 
this bill $3.5 million in funding for the creation of an Oceans 
Commission. Thirty-two years ago, Congress enacted legislation that 
created a national commission (Stratton Commission) whose ideas have 
shaped our ocean policy for almost thirty years. Resulting from the 
Commission was the creation of NOAA and enactment of such vital 
legislation as the Coastal Zone Management Act, and the Marine 
Sanctuaries program. This Commission--modeled after the successful 
Stratton Commission--will look at U.S. ocean and coastal activities and 
report within 18 months on recommendations for a national policy.
  Today half of the U.S. population lives within 50 miles of our shores 
and more than 30 percent of the Gross Domestic Product is generated in 
the coastal zone. Our ocean and coastal resources that were once 
considered inexhaustible are severely depleted, and our wetlands and 
other marine habitats are threatened by pollution and human activities. 
Meanwhile, recent technological advances related to the oceans offer us 
new economic and scientific opportunities. In an effort to address the 
increasing environmental, economic, and scientific demands on our 
oceans, our ocean-related government bureaucracy has grown rapidly 
during the past three decades into a patchwork of regulations and 
programs. This Commission will give us insight into what direction our 
national policy should take to preserve, manage and use this limited 
resource during the next thirty years.

  A number of marine user and interest groups have endorsed our efforts 
to create a new Ocean Commission, including: The American Coastal 
Coalition; the American Oceans Campaign; the American Sportfishing 
Association; the Center for Marine Conservation; the Coastal States 
Organization; the Consortium for Oceanographic Research and Education; 
the H. John Heinz III Center for Science, Economics, and the 
Environment; the Jason Foundation; the National Fisheries Institute; 
the Pacific Coast Federation of Fishermen's Associations; and the World 
Wildlife Fund.
  It is time for this country to reassess our national policy toward 
our oceans and this provision takes the first necessary step to get us 
moving in the right direction.


              state department and international programs

  The bill includes $5.6 billion for the Department of State and 
related agencies. Within the State Department, the bill provides $550 
million--an additional $146.8 million above this year's level of 
funding--for security and maintenance of U.S. missions, including 
funding for the chancery in Beijing, China and Berlin, Germany.
  The funding level also includes payment of international organization 
and peacekeeping funds, including $475 million for U.N. arrears, 
subject to authorization.
  International broadcasting is funded at $333 million which includes 
voice of America, Radio Free Europe, and Radio Free Asia.
  Mr. President, in summary, given the allocation we received, this is 
a good

[[Page S8609]]

bill. Many--but not all--of the administration's priorities were 
addressed to some extent. Likewise many--but not all--of the priorities 
for members were addressed to some extent. Tough decisions were made 
because of, on the one hand, the limited allocation, and on the other 
hand, the critical need to fund the Census, and 1,000 Border Patrol 
agents, and counterterrorism efforts, and the FBI's capabilities to 
combat child abductions, and DEA's continued war on drugs, and weather 
satellites, and critical fisheries research, and peacekeeping and the 
list goes on and on and on.
  Mr. President, let me emphasize a couple of things. One, of course, 
is my gratitude for the outstanding leadership that Chairman Gregg has 
given our subcommittee in submitting this measure to the U.S. Senate. 
We worked around the clock to get this done, and no one has been more 
conscientious in trying to hold back spending.
  The appropriation for State-Justice-Commerce is $33.2 billion, 
slightly over a $1 billion increase from this present year. This 
increase is accounted for by the fact that we had to provide for the 
Census, and what is due and owed to the United States, and for law 
enforcement. This increase, however, is actually $1 billion less than 
what was requested of us by the President of the United States.
  As should be emphasized, the Safe Schools Initiative, under the 
leadership of Chairman Gregg, provides a good $175 million increment in 
the overall $210 million appropriations with respect to school resource 
officers within the school system.
  Some three years ago, in my own backyard of Richland County, SC, 
Sheriff Leon Lott came upon the idea of putting some of his deputies in 
troubled schools, rather than putting them all on the streets. Sheriff 
Lott's idea has been a tremendous success. There now are about 20 
officers, school resource officers, in Richland County schools. In one 
particular school, one officer has made almost 250 arrests in one year. 
He made 156 arrests the first year, and then some 56 the second year, 
and now down to 36 this year--the dramatic decline in arrests shows 
that this program works, it reduces crime.
  What really occurs is that these officers teach courses in law 
enforcement, teach respect for the law, and engage the students and the 
administration. Also, of course, they talk to the administration and 
know when a child is troubled or doesn't have any help from home and 
everything else of that kind, and they can more or less become a friend 
and mentor to the child.
  In this day and age, we hear much talk about the family on the floor 
of the U.S. Senate. Three out of four women with children in school 
have a job. Now I don't believe that is the fault of the U.S. Senate 
and I don't believe that will be solved by the U.S. Senate. There are 
children who come to school who don't have a father, and whose mother 
works. In essence, they don't have parental guidance. The teacher is 
called upon not just to teach but to substitute as a parent and keep 
law and order in the classroom. Teaching class, these officers will 
come to know the students well. They will serve as mentors and their 
understanding of the students will help them combat crime and prevent 
it before it starts. And in the afternoon they will participate in 
athletic events. Around the clock, these officers will become known and 
become role models.
  Three million students last year attested that they knew of someone 
who brought a pistol or a knife onto school grounds, but that they 
didn't tell anyone because they didn't want to get involved and get 
themselves in trouble. But now with that officer engaged as he is 
around the classes and in the exercises in the afternoon, becoming a 
role model, trusted and known, these students just nudge, just point. 
The officer knows why they are pointing. They don't have to say 
anything. They are right on top of these situations. I think it is a 
tried and true, valid approach now to this problem of violence and 
death in America's public schools.
  I commend Chairman Gregg on this particular initiative, the Safe 
Schools Initiative. I commend, of course, the leadership that we had 
under Sheriff Lott back in my own backyard that has gained acceptance 
for this particular program. Also, I think that you have to be able to 
mention the fact that we are taking care of the United Nations. We have 
not gotten into that Census sampling problem. That will have to be 
solved in conference. We do have an oceans initiative that the Ocean 
Commission--that was passed by the U.S. Senate almost unanimously. We 
reinstate more or less the old Stratton Commission of 32 or 33 years 
ago.
  We need to update that. And we find that we have billions and 
billions to go up into space, but we can't find, seemingly, enough 
money for the National Oceanic and Atmospheric Administration for 
research and to get the attention of the public generally with respect 
to seven-tenths of the Earth's surface.
  I would like to take a moment before closing to acknowledge and thank 
Senator Gregg's staff--Jim Morhard, Kevin Linsky, Paddy Link, Dana 
Quam, Karl Truscott, and Virginia Wilbert--and to my staff--Lila Helms, 
Emelie East, and Dereck Orr--for their hard work and diligence in 
bringing together a bill that does everything I have just mentioned and 
more. They have worked nonstop in a straightforward and bipartisan 
manner, and those efforts are evident in the product before the Senate 
today.
  Mr. Prsident, in closing I would like to make a few final comments 
about Scott Gudes who left my staff several weeks ago after working as 
minority clerk on this subcommittee for the last 4 years, and as 
majority clerk for the 4 years prior.


                         tribute to scott gudes

  As Senator Byrd said about Scott Gudes 2 years ago, nobody knows 
better. Scott has worked with me on the Commerce, Justice, State bill 
for 8 years and it has been a prvilege working with such an 
intelligent, diligent, hard-working, and genius staff member. Senator 
Byrd hit the nail on the head--Scott knows appropriations; Scott knows 
Senate procedure; and Scott has common sense better than anyone. His 
departure from my committee staff is a geuine loss to me, to everyone 
who had the opportunity to work with him, and to the United States 
Senate.
  Scott began working with me in 1990 as majority clerk for the CJS 
Subcommittee and stayed with me in this position through this year. 
Before that he was hired by Senator Stevens and worked for him, Senator 
Stennis, and Senator Inouye on the Defense Appropriations Subcommittee 
from 1986 to 1990 where he was responsible for all Department of 
Defense Operation and Maintenance accounts. During 1989 and 1990 he 
served as a subcommittee branch chief/assistant staff director and in 
this tenure on the Defense Subcommittee, Scott earned a reputation as 
handling the broadest and largest portfolio of any House or Senate 
appropriations staff.
  This reputation followed him to the Commerce, Justice, State 
Subcommittee, where Scott became responsible for knowing the policy 
context and daily operations of a vast array of programs operated by 
four cabinet departments, the Departments of Justice, Commerce, State, 
and USTR, the Federal Judiciary, and 24 independent Federal agencies 
such as the FCC, SEC, FTC, LSC, EEOC--he was in a world of acronyms, 
yet he was able to tell you the current and historical status of each 
and every one of these agencies, he could assess their budgetary 
concerns, identify future year needs, and quickly determine the 
political astuteness of contemplated legislative action on any of the 
programs or agencies in the bill. He was our utility player--able to 
jump from satellites to fisheries to telecommunication to immigration 
policy to small business development, demonstrating his technical 
expertise and political acumen in the broadest array of programs 
imaginable.
  Scott deserves the credit for a number of innovative and forward-
thinking initiatives on the CJS bill during his tenure. His creativity 
compelled the subcommittee to consider and adopt such important 
initiatives as the NOAA fleet modernization program, acquisition of a 
high-altitude hurricane reconnaissance aircraft for the National 
Weather Service, methods of supporting the COPS on the Beat program, 
ways to hire and keep funding more border patrol agents, successfully 
integrating the 1994 Violence Against Women Act into our appropriations 
bill, finding ways to make the GOES satellite program start working 
under

[[Page S8610]]

the necessary time table--the list could go on. But the important thing 
to note is that more often than not, Scott's recommendations at how 
best to technically and politically institute these initiatives were 
the recommendations we would follow, whether in the majority or 
minority.
  Scott is now working for the Department of Commerce at NOAA, the 
National Oceanic and Atmospheric Administration, as Deputy 
Undersecretary of NOAA. Scott has followed his passions--the oceans, 
fisheries, atmospheric science--and NOAA, the Department of Commerce, 
and we as U.S. citizens reaping the benefits of NOAA's programs are all 
the better for Scott's high position in this agency. Scott will 
undoubtedly excel at this position just as he had here in the Senate, 
before that at OMB, as a Presidential Management Intern working in the 
Office of the Secretary of Defense, and at the city manager's office 
for the city of Costa Mesa, California. Scott is indeed a fine, fine 
person--NOAA is lucky to have him, and I expect to see his star shine 
for many, many years to come. I wish Scott all the best in the world--
and know that in whatever position in life Scott finds himself, his 
decency, intelligence, and integrity will continue to be synonymous 
with his name. Congratulations, Scott. You will truly be missed.
  Mr. INOUYE. Mr. President, I wish to congratulate Chairman Gregg and 
Senator Hollings on their leadership in crafting the Fiscal Year 1999 
Commerce, Justice, and State, the judiciary, and related agencies 
appropriation bill. Given the broad reach of this measure and our 
budgetary constraints, this was no easy task.
  From a parochial standpoint, I wish to thank the Chairman and Senator 
Hollings for their sensitive consideration of programs of importance to 
the State of Hawaii, including the East-West Center, Hawaiian monk seal 
recovery, endangered sea turtle research, and coral reef research, 
assessment, monitoring and management, to name a few.
  I would also like to acknowledge the outstanding work of the staff: 
Jim Morhard, Kevin Linskey, Paddy Link, Dana Quam, Vasiliki 
Alexopoulos, Lila Helms, and Emelie East.
  Finally, I would like to thank Scott Gudes for his many years of 
dedication to the Senate Appropriations Committee, and in particular, 
the Defense and Commerce, Justice, and State Subcommittees. Throughout 
the years, Scott worked tirelessly and conscientiously, and garnered 
the deep respect of Members and staff who had the privilege of working 
with him. Scott recently left the Senate to become Deputy Under 
Secretary at the National Oceanic and Atmospheric Administration. I 
wish him much success and fulfillment in this new endeavor.


                           Amendment No. 3227

(Purpose: To establish a prohibition on commercial distribution on the 
World Wide Web of material that is harmful to minors, to persons under 
                            17 years of age)

  Mr. COATS. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Indiana [Mr. Coats] proposes an amendment 
     numbered 3227.

  Mr. McCAIN. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 135, between lines 11 and 12, insert the following:

                              Title I. --

       Sec. 620. (a) Prohibition.--
       (1) In general.--Section 223 of the Communications Act of 
     1934 (47 U.S.C. 223) is amended--
       (A) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (f), (g), (h), and (i), respectively; and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) Whoever in interstate or foreign commerce in or 
     through the World Wide Web is engaged in the business of the 
     commercial distribution of material that is harmful to minors 
     shall restrict access to such material by persons under 17 
     years of age.
       ``(2) Any person who violates paragraph (1) shall be fined 
     not more than $50,000, imprisoned not more than six months, 
     or both.
       ``(3) In addition to the penalties under paragraph (2), 
     whoever intentionally violates paragraph (1) shall be subject 
     to a fine of not more than $50,000 for each violation. For 
     purposes of this paragraph, each day of violation shall 
     constitute a separate violation.
       ``(4) In addition to the penalties under paragraphs (2) and 
     (3), whoever violates paragraph (1) shall be subject to a 
     civil fine of not more than $50,000 for each violation. For 
     purposes of this paragraph, each day of violation shall 
     constitute a separate violation.
       ``(5) It is an affirmative defense to prosecution under 
     this subsection that the defendant restricted access to 
     material that is harmful to minors by persons under 17 years 
     of age by requiring use of a verified credit card, debit 
     account, adult access code, or adult personal identification 
     number or in accordance with such other procedures as the 
     Commission may prescribe.
       ``(6) This subsection may not be construed to authorize the 
     Commission to regulate in any manner the content of any 
     information provided on the World Wide Web.
       ``(7) For purposes of this subsection:
       ``(A) The term `material that is harmful to minors' means 
     any communication, picture, image, graphic image file, 
     article, recording, writing, or other matter of any kind 
     that--
       ``(i) taken as a whole and with respect to minors, appeals 
     to a prurient interest in nudity, sex, or excretion;
       ``(ii) depicts, describes, or represents, in a patently 
     offensive way with respect to what is suitable for minors, an 
     actual or simulated sexual act or sexual contact, actual or 
     simulated normal or perverted sexual acts, or a lewd 
     exhibition of the genitals; and
       ``(iii) lacks serious literary, artistic, political, or 
     scientific value.
       ``(B) The terms `sexual act' and `sexual contact' have the 
     meanings assigned such terms in section 2246 of title 18, 
     United States Code.''.
       (2) Conforming amendment.--Subsection (h) of such section, 
     as so redesignated, is amended by striking ``(e), or (f)'' 
     and inserting ``(f), or (g)''.
       (b) Availability on Internet of Definition of Material That 
     Is Harmful to Minors.--The Attorney General, in the case of 
     the Internet web site of the Department of Justice, and the 
     Federal Communications Commission, in the case of the 
     Internet web site of the Commission, shall each post or 
     otherwise make available on such web site such information as 
     is necessary to inform the public of the meaning of the term 
     ``material that is harmful to minors'' under section 223(e) 
     of the Communications Act of 1934, as amended by subsection 
     (a) of this section.


                Amendment No. 3228 to Amendment No. 3227

  (Purpose: To direct the Federal Communications Commission to study 
 systems for filtering or blocking matter on the Internet, to require 
the installation of such a system on computers in schools and libraries 
             with Internet access, and for other purposes)

  Mr. McCAIN. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain], for himself, Mr. 
     Coats and Mrs. Murray, proposes an amendment numbered 3228 to 
     Amendment No. 3227.

  Mr. COATS. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end of the pending amendment, add the following:

                     TITLE II.--INTERNET FILTERING

     SECTION 1. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT 
                   FAIL TO IMPLEMENT A FILTERING OR BLOCKING 
                   SYSTEM FOR COMPUTERS WITH INTERNET ACCESS.

       (a) In General.--Section 254 of the Communications Act of 
     1934 (47 U.S.C. 254) is amended by adding at the end thereof 
     the following:
       ``(l) Implementation of a Filtering or Blocking System.--
       ``(1) In general.--No services may be provided under 
     subsection (h)(1)(B) to any elementary or secondary school, 
     or any library, unless it provides the certification required 
     by paragraph (2) or (3), respectively.
       ``(2) Certification for schools.--Before receiving 
     universal service assistance under subsection (h)(1)(B), an 
     elementary or secondary school (or the school board or other 
     authority with responsibility for administration of that 
     school) shall certify to the Commission that it has--
       ``(A) selected a system for computers with Internet access 
     to filter or block matter deemed to be inappropriate for 
     minors; and
       ``(B) installed, or will install as soon as it obtains 
     computers with Internet access, a system to filter or block 
     such matter.
       ``(3) Certification for libraries.--Before receiving 
     universal service assistance under subsection (h)(1)(B), a 
     library that has a computer with Internet access shall 
     certify to the Commission that, on one or more of its 
     computers with Internet access, it employs a system to filter 
     or block matter deemed to be inappropriate for minors. If a 
     library that makes a certification under this paragraph 
     changes the system it employs or ceases to employ any such 
     system, it shall notify the Commission within 10 days after 
     implementing the change or ceasing to employ the system.

[[Page S8611]]

       ``(4) Local determination of content.--For purposes of 
     paragraphs (2) and (3), the determination of what matter is 
     inappropriate for minors shall be made by the school, school 
     board, library or other authority responsible for making the 
     required certification. No agency or instrumentality of the 
     United States Government may--
       ``(A) establish criteria for making that determination;
       ``(B) review the determination made by the certifying 
     school, school board, library, or other authority; or
       ``(C) consider the criteria employed by the certifying 
     school, school board, library, or other authority in the 
     administration of subsection (h)(1)(B).''.
       (b) Conforming Change.--Section 254(h)(1)(B) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is 
     amended by striking ``All telecommunications'' and inserting 
     ``Except as provided by subsection (l), all 
     telecommunications''.

  Mr. McCAIN. Mr. President, I know the hour of 12:30 has arrived, but 
I ask unanimous consent to speak for 1 minute past the recess time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCAIN. Mr. President, I thank the manager and the Democrat 
ranking member for allowing us to lay down these two amendments. We 
will be glad to discuss and debate them at a time most convenient for 
the managers of the bill.
  I yield the floor.

                          ____________________