[Congressional Record Volume 145, Number 104 (Wednesday, July 21, 1999)]
[Senate]
[Pages S8922-S8924]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2000--Continued

  Mr. DOMENICI. Mr. President, I ask unanimous consent that the junior 
Senator from Missouri, Mr. Ashcroft, be made an original cosponsor of 
the Kyl amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. I thank the Chair.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DOMENICI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. Mr. President, I note the presence on the floor of my 
colleague, Senator Bingaman. I will shortly send an amendment to the 
desk on

[[Page S8923]]

behalf of myself, Senator Bingaman, Senator Levin, Senator Lieberman, 
and Senator Reid.
  Let me suggest, first, that this has been worked out during very 
serious discussions, and I think it turned out to be a very good 
amendment.
  Senator Bingaman has played a vital role in it. He has been concerned 
and wants to make sure that it is eminently clear that this new 
semiautonomous Agency complied with the applicable environmental, 
safety and health rules, and laws.
  I will read quickly a couple of sentences of the amendment and yield 
to my friend, Senator Bingaman, and see if we can agree. We have no 
objection on our side. I don't believe he has any on his side.
  This is section (u), in the underlying Kyl-Domenici-Murkowski 
amendment. It says:

       The Agency for Nuclear Stewardship shall comply with all 
     applicable environmental, safety, and health statutes and 
     substantive requirements. The Under Secretary for Nuclear 
     Stewardship shall develop procedures for meeting such 
     requirements. Nothing in this section shall diminish the 
     authority of the Secretary to ascertain and ensure that such 
     compliance occurs.


                Amendment No. 1263 to Amendment No. 1258

  Mr. DOMENICI. Mr. President, I send the amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico (Mr. Domenici), for himself, 
     Mr. Bingaman, Mr. Levin, Mr. Lieberman, and Mr. Reid, 
     proposes an amendment numbered 1263 to amendment No. 1258.

  Mr. DOMENICI. 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:

       In section 213 of the Department of Energy Organization 
     Act, as proposed by subsection (c) of the amendment, add at 
     the end of the section the following new subsection:
       ``(u) The Agency for Nuclear Stewardship shall comply with 
     all applicable environmental, safety, and health statutes and 
     substantive requirements. The Under Secretary for Nuclear 
     Stewardship shall develop procedures for meeting such 
     requirements. Nothing in this section shall diminish the 
     authority of the Secretary to ascertain and ensure that such 
     compliance occurs.''.

  It has always been the intention that this new, semiautonomous agency 
be subject to applicable environmental, safety, and health rules. The 
question we had was to make sure the new agency could go about 
developing their environmental safety and health rules. On the other 
hand, there was concern that they be bound by the applicable laws and 
rules. I think this amendment does that.
  Then Senator Bingaman raised the question which we have just made 
very clear. I thought it was in the statute. He raised the question 
about the Secretary making sure there was compliance. As he put it, if 
something untoward happened of an environmental or safety nature, it 
needed to be solved. I think we covered that.
  I am pleased Senator Bingaman had others join in this amendment. I 
think we will agree to it by voice vote shortly.
  I yield to Senator Bingaman.
  The PRESIDING OFFICER (Mr. Crapo). The Senator from New Mexico.
  Mr. BINGAMAN. I thank my colleague, Senator Domenici, for yielding. I 
thank him for his willingness to accommodate despite the concerns he 
just described.
  Of course, all of us have intended from the very beginning that all 
environmental laws be complied with. My concern has been that the 
Secretary, who is ultimately responsible for the entire Department and 
for the conduct of the entire Department, Secretary have the 
wherewithal and the legal authority to be sure that all of these 
environmental, safety, and health requirements be met.
  I believe this amendment adequately meets that concern. I think it is 
a compromise between a provision I earlier drafted and one that Senator 
Domenici drafted. I think it is a good resolution of this issue. I 
think it does clarify for all Senators what we intend in this regard.
  I am very pleased to cosponsor it. I urge all my colleagues to vote 
for it.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SHELBY. Mr. President I will take just a minute and commend the 
Senator from New Mexico, Mr. Domenici, and also the junior Senator from 
New Mexico, Mr. Bingaman, for their work in bringing this about. I 
think what they have done is drafted a good amendment. I have no 
problem with it, and I am sure Senator Kerrey doesn't.
  I urge adoption of the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1263) was agreed to.
  Mr. DOMENICI. I move to reconsider the vote.
  Mr. SHELBY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. DOMENICI. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MOYNIHAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MOYNIHAN. Mr. President, I ask unanimous consent that the pending 
amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                 Amendments Nos. 1264 And 1265, En Bloc

  Mr. MOYNIHAN. Mr. President, I have two amendments that I believe the 
distinguished chairman is prepared to accept en bloc, as is the ranking 
member, as I understand.
  They are, first of all, a sense of the Senate, which says:

       It is the sense of Congress that the systematic 
     declassification of records of permanent historic value is in 
     the public interest and that the management of classification 
     and declassification by the Executive Branch agencies 
     requires comprehensive reform and additional resources.

  The second measure, in regard to that last phrase, the Information 
Security Oversight Office, which is charged with administering this 
Nation's intelligence classification and declassification, would 
receive an additional $1.5 million to hire more staff so it can more 
efficiently manage the program. They are in the National Archives. The 
Archives asked for $5 million. They did not get it. This is a small 
agency. It does indispensable work. It gives you a continuous series of 
the amount of classification we do and the degree of classification and 
the agencies that do it.
  Mr. SHELBY. Mr. President, have the amendments been sent down?
  The PRESIDING OFFICER. Will the Senator send the amendments to the 
desk.
  Mr. MOYNIHAN. I am sorry. Forgive me.
  The PRESIDING OFFICER. The clerk will report the amendments.
  The assistant legislative clerk read as follows:

       The Senator from New York [Mr. Moynihan] proposes 
     amendments numbered 1264 and 1265, en bloc.

  The amendments (Nos. 1264 and 1265) are as follows:

                           amendment no. 1264

       On page 5 strike lines 7-12, and insert the following:

     SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of Central Intelligence for fiscal 
     year 2000 the sum of $193,572,000. The Information Security 
     Oversight Office, charged with administering this nation's 
     intelligence classification and declassification programs 
     shall receive $1.5 million of these funds to allow it to hire 
     more staff so that it can more efficiently manage these 
     programs.
                                  ____



                           amendment no. 1265

       After section 308 insert the following new section:

     SEC. 309. SENSE OF THE CONGRESS ON CLASSIFICATION AND 
                   DECLASSIFICATION

       It is the sense of Congress that the systematic 
     declassification of records of permanent historic value is in 
     the public interest and that the management of classification 
     and declassification by Executive Branch agencies requires 
     comprehensive reform and additional resources.

  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SHELBY. Mr. President, I commend the distinguished senior Senator 
from New York for offering these amendments. They make sense to me. We 
have reviewed them. I think Senator Kerrey has reviewed them.

[[Page S8924]]

  I also commend the senior Senator from New York for his past work, 
not only in the Senate but specifically on the Intelligence Committee, 
where he spent a lot of time--a lot of hours, and a lot of years--and 
understands what we are going through--and what we need to do. 
Hopefully, this is one of those little steps.
  Mr. KERREY addressed the Chair.
  The PRESIDING OFFICER. The Senator from Nebraska.
  Mr. KERREY. Mr. President, like Chairman Shelby, I fully support 
these two amendments and am enthusiastic as well for the efforts the 
senior Senator, Mr. Moynihan, has made in the area of secrecy over the 
years.
  I made a point earlier, when we were talking about secrecy, that 
sometimes secrecy does equal security. We have to have secrecy in order 
to maintain security. But there are times when secrecy actually makes 
it harder for us to achieve security. It can make us less secure.
  I retold the story in the Senator's book on the Venona project when 
Omar Bradley made the decision not to inform the President of the 
United States about Klaus Fuchs and others. As a consequence of 
believing the President didn't have a need to know, he kept the secret. 
I think, as a consequence, there was less security for the Nation.
  I appreciate and fully agree with the chairman. These amendments are 
good amendments and should be adopted. I appreciate and applaud and am 
grateful for the leadership of the Senator from New York on this issue 
of secrecy.
  Mr. SHELBY. Mr. President, I urge adoption of the amendments.
  The PRESIDING OFFICER. Without objection, the amendments are agreed 
to.
  The amendments (Nos. 1264 and 1265) were agreed to.
  Mr. SHELBY. Mr. President, I move to reconsider the vote.
  Mr. KERREY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. SHELBY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEVIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEVIN. Mr. President, I ask unanimous consent that I may be able 
to proceed as in morning business for up to 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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