[Congressional Record Volume 146, Number 137 (Friday, October 27, 2000)]
[Senate]
[Pages S11252-S11258]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      Mr. BIDEN:
  S. 3252. A bill to establish a national center on volunteer and 
provider screening to reduce sexual and other abuse of children, the 
elderly, and individuals with disabilities, to the Committee on the 
Judiciary.


               NATIONAL CHILD PROTECTION IMPROVEMENT ACT

  Mr. BIDEN. Mr. President, as everyone in this room knows all too 
well, I have devoted much of my career to fighting crime. And if there 
is one thing that I have learned over the course of the past 30 years 
in public service, it's this: an ounce of prevention is worth a pound 
of cure. I have

[[Page S11253]]

watched as the Boys and Girls Clubs and other non-profits have worked 
to make certain that kids have a safe place to go after school. I have 
been supportive of countless crime prevention initiatives to protect 
our children, our parents and those unable to protect themselves. And 
guess what, these programs have worked to prevent crime. But even those 
programs whose single purpose is to do good, have seen some bad times. 
And that is why today, I am introducing the National Child Protection 
Act.
  Today, more than 87 million kids are involved each year in activities 
provided by child and youth organizations which depend heavily on 
volunteers to deliver their services. Millions more adults are also 
served by public and private voluntary organizations. Places like the 
Boys and Girls Clubs rely on volunteers to make these safe havens for 
kids a place where they can learn. But, while these non-profit 
organizations are doing God's work, there are some volunteers who have 
a different agenda--and there are abuses that occur.
  The National Mentoring Partnership reports that incidents of child 
sexual abuse in child care settings, foster homes and schools ranges 
from 1 to 7 percent. This is basic stuff--these organizations can not 
function effectively without a safe infrastructure in place.
  Currently most child-service organizations do background checks on 
volunteers, but they may have to wait weeks or months for the result of 
a state or national criminal background check. Conducting these checks 
is also costly and therefore many organizations conduct only a limited 
check of their volunteers. And some organizations don't have access to 
national fingerprint databases which means that while a volunteer may 
pass a name-check in one state, he may have been convicted of 
atrocities in another. Our children, our parents and the disadvantaged 
are at risk and they need help.
  That is why my bill authorizes $180 million over five years for the 
FBI to establish a national center to conduct national criminal history 
fingerprint checks. Their checks will be provided to volunteer 
organizations at no cost and to all other organizations that serve 
children at minimal cost. This national center would screen 10 million 
volunteers each year and will make these volunteer-oriented 
organizations a safer place for all. My bill also authorizes $5 million 
to provide states with funds to hire personnel and improve fingerprint 
technology so that they can update information in national databases.
  This should be an easy one for all of us. Most of us already 
understand the positive impact that these non-profits are having. Now, 
we have a duty to make these places safe for those most at-risk.
  Mr. President, I ask unanimous consent that the text of this bill be 
placed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3252

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Child Protection 
     Improvement Act''.

     SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER ON VOLUNTEER AND 
                   PROVIDER SCREENING.

       The Juvenile Justice and Delinquency Prevention Act of 1974 
     (42 U.S.C. 5601 et seq.) is amended by adding at the end the 
     following:

    ``TITLE VI--NATIONAL CENTER ON VOLUNTEER AND PROVIDER SCREENING

     ``SEC. 601. SHORT TITLE.

       ``This title may be cited as the `National Child Protection 
     Improvement Act'.

     ``SEC. 602. FINDINGS.

       ``Congress finds the following:
       ``(1) More than 87,000,000 children are involved each year 
     in activities provided by child and youth organizations which 
     depend heavily on volunteers to deliver their services.
       ``(2) Millions more adults, both the elderly and 
     individuals with disabilities, are served by public and 
     private voluntary organizations.
       ``(3) The vast majority of activities provided to children, 
     the elderly, and individuals with disabilities by public and 
     private nonprofit agencies and organizations result in the 
     delivery of much needed services in safe environments that 
     could not be provided without the assistance of virtually 
     millions of volunteers, but abuses do occur.
       ``(4) Estimates of the incidence of child sexual abuse in 
     child care settings, foster care homes, and schools, range 
     from 1 to 7 percent.
       ``(5) Abuse traumatizes the victims and shakes public trust 
     in care providers and organizations serving vulnerable 
     populations.
       ``(6) Congress has acted to address concerns about this 
     type of abuse through the National Child Protection Act of 
     1993 and the Violent Crime Control Act of 1994 to set forth a 
     framework for screening through criminal record checks of 
     care providers, including volunteers who work with children, 
     the elderly, and individuals with disabilities. 
     Unfortunately, problems regarding the safety of these 
     vulnerable groups still remain.
       ``(7) While State screening is sometimes adequate to 
     conduct volunteer background checks, more extensive national 
     criminal history checks using fingerprints or other means of 
     positive identification are often advisable, as a prospective 
     volunteer or nonvolunteer provider may have lived in more 
     than one State.
       ``(8) The high cost of fingerprint background checks is 
     unaffordable for organizations that use a large number of 
     volunteers and, if passed on to volunteers, often discourages 
     their participation.
       ``(9) The current system of retrieving national criminal 
     background information on volunteers through an authorized 
     agency of the State is cumbersome and often requires months 
     before vital results are returned.
       ``(10) In order to protect children, volunteer agencies 
     must currently depend on a convoluted, disconnected, and 
     sometimes duplicative series of checks that leave children at 
     risk.
       ``(11) A national volunteer and provider screening center 
     is needed to protect vulnerable groups by providing 
     effective, efficient national criminal history background 
     checks of volunteer providers at no-cost, and at minimal-cost 
     for employed care providers.

     ``SEC. 603. DEFINITIONS.

       ``In this Act--
       ``(1) the term `qualified entity' means a business or 
     organization, whether public, private, for-profit, not-for-
     profit, or voluntary, that provides care or care placement 
     services, including a business or organization that licenses 
     or certifies others to provide care or care placement 
     services designated by the National Task Force;
       ``(2) the term `volunteer provider' means a person who 
     volunteers or seeks to volunteer with a qualified entity;
       ``(3) the term `provider' means a person who is employed by 
     or volunteers or who seeks to be employed by or volunteer 
     with a qualified entity, who owns or operates a qualified 
     entity, or who has or may have unsupervised access to a child 
     to whom the qualified entity provides care;
       ``(4) the term `national criminal background check system' 
     means the criminal history record system maintained by the 
     Federal Bureau of Investigation based on fingerprint 
     identification or any other method of positive 
     identification;
       ``(5) the term `child' means a person who is under the age 
     of 18;
       ``(6) the term `individuals with disabilities' has the same 
     meaning as that provided in section 5(7) of the National 
     Child Protection Act of 1993;
       ``(7) the term `State' has the same meaning as that 
     provided in section 5(11) of the National Child Protection 
     Act of 1993; and
       ``(8) the term `care' means the provision of care, 
     treatment, education, training, instruction, supervision, or 
     recreation to children, the elderly, or individuals with 
     disabilities.

     ``SEC. 604. ESTABLISHMENT OF A NATIONAL CENTER FOR VOLUNTEER 
                   AND PROVIDER SCREENING.

       ``(a) In General.--The Attorney General, by agreement with 
     a national nonprofit organization or by designating an agency 
     within the Department of Justice, shall--
       ``(1) establish a national center for volunteer and 
     provider screening designed--
       ``(A) to serve as a point of contact for qualified entities 
     to request a nationwide background check for the purpose of 
     determining whether a volunteer provider or provider has been 
     arrested for or convicted of a crime that renders the 
     provider unfit to have responsibilities for the safety and 
     well-being of children, the elderly, or individuals with 
     disabilities;
       ``(B) to promptly access and review Federal and State 
     criminal history records and registries through the national 
     criminal history background check system--
       ``(i) at no cost to a qualified entity for checks on 
     volunteer providers; and
       ``(ii) at minimal cost to qualified entities for checks on 
     non-volunteer providers;
     with cost for screening non-volunteer providers will be 
     determined by the National Task Force;
       ``(C) to provide the determination of the criminal 
     background check to the qualified entity requesting a 
     nationwide background check after not more than 15 business 
     days after the request;
       ``(D) to serve as a national resource center and 
     clearinghouse to provide State and local governments, public 
     and private nonprofit agencies and individuals with 
     information regarding volunteer screening; and
       ``(2) establish a National Volunteer Screening Task Force 
     (referred to in this title as the `Task Force') to be chaired 
     by the Attorney General which shall--
       ``(A) include--
       ``(i) 2 members each of--

       ``(I) the Federal Bureau of Investigation;
       ``(II) the Department of Justice;

[[Page S11254]]

       ``(III) the Department of Health and Human Services;
       ``(IV) representatives of State Law Enforcement 
     organizations;
       ``(V) national organizations representing private nonprofit 
     qualified entities using volunteers to serve the elderly; and
       ``(VI) national organizations representing private 
     nonprofit qualified entities using volunteers to serve 
     individuals with disabilities; and

       ``(ii) 4 members of national organizations representing 
     private nonprofit qualified entities using volunteers to 
     serve children;

     to be appointed by the Attorney General; and
       ``(B) oversee the work of the Center and report at least 
     annually to the President and Congress with regard to the 
     work of the Center and the progress of the States in 
     complying with the provisions of the National Child 
     Protection Act of 1993.

     ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--To carry out the provisions of this 
     title, there are authorized to be appropriated $80,000,000 
     for fiscal year 2001 and $25,000,000 for each of the fiscal 
     years 2002, 2003, 2004, and 2005, sufficient to provide no-
     cost background checks of volunteers working with children, 
     the elderly, and individuals with disabilities.
       ``(b) Availability.--Sums appropriated under this section 
     shall remain available until expended.''.

     SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD 
                   PROTECTION ACT OF 1993.

       Section 3 of the National Child Protection Act of 1993 (42 
     U.S.C. 5119 et seq.) is amended to read as follows:

     ``SEC. 3. NATIONAL BACKGROUND CHECKS.

       ``(a) In General.--Requests for national background checks 
     under this section shall be submitted to the National Center 
     for Volunteer Screening which shall conduct a search using 
     the Integrated Automated Fingerprint Identification System, 
     or other criminal record checks using reliable means of 
     positive identification subject to the following conditions:
       ``(1) A qualified entity requesting a national criminal 
     history background check under this section shall forward to 
     the National Center the provider's fingerprints or other 
     identifying information, and shall obtain a statement 
     completed and signed by the provider that--
       ``(A) sets out the provider or volunteer's name, address, 
     date of birth appearing on a valid identification document as 
     defined in section 1028 of title 18, United States Code, and 
     a photocopy of the valid identifying document;
       ``(B) states whether the provider or volunteer has a 
     criminal record, and, if so, sets out the particulars of such 
     record;
       ``(C) notifies the provider or volunteer that the National 
     Center for Volunteer Screening may perform a criminal history 
     background check and that the provider's signature to the 
     statement constitutes an acknowledgement that such a check 
     may be conducted;
       ``(D) notifies the provider or volunteer that prior to and 
     after the completion of the background check, the qualified 
     entity may choose to deny the provider access to children or 
     elderly or persons with disabilities; and
       ``(E) notifies the provider or volunteer of his right to 
     correct an erroneous record held by the FBI or the National 
     Center.
       ``(2) Statements obtained pursuant to paragraph (1) and 
     forwarded to the National Center shall be retained by the 
     qualified entity or the National Center for at least 2 years.
       ``(3) Each provider or volunteer who is the subject of a 
     criminal history background check under this section is 
     entitled to contact the National Center to initiate 
     procedures to--
       ``(A) obtain a copy of their criminal history record 
     report; and
       ``(B) challenge the accuracy and completeness of the 
     criminal history record information in the report.
       ``(4) The National Center receiving a criminal history 
     record information that lacks disposition information shall, 
     to the extent possible, contact State and local recordkeeping 
     systems to obtain complete information.
       ``(5) The National Center shall make a determination 
     whether the criminal history record information received in 
     response to the national background check indicates that the 
     provider has a criminal history record that renders the 
     provider unfit to provide care to children, the elderly, or 
     individuals with disabilities based upon criteria established 
     by the National Task Force on Volunteer Screening, and will 
     convey that determination to the qualified entity.
       ``(b) Guidance by the National Task Force.--The National 
     Task Force, chaired by the Attorney General shall--
       ``(1) encourage the use, to the maximum extent possible, of 
     the best technology available in conducting criminal 
     background checks; and
       ``(2) provide guidelines concerning standards to guide the 
     National Center in making fitness determinations concerning 
     care providers based upon criminal history record 
     information.
       ``(c) Limitations of Liability.--
       ``(1) In general.--A qualified entity shall not be liable 
     in an action for damages solely for failure to request a 
     criminal history background check on a provider, nor shall a 
     State or political subdivision thereof nor any agency, 
     officer or employee thereof, be liable in an action for 
     damages for the failure of a qualified entity (other than 
     itself) to take action adverse to a provider who was the 
     subject of a criminal background check.
       ``(2) Reliance.--The National Center or a qualified entity 
     that reasonably relies on criminal history record information 
     received in response to a background check pursuant to this 
     section shall not be liable in an action for damages based 
     upon the inaccuracy or incompleteness of the information.
       ``(d) Fees.--In the case of a background check pursuant to 
     a State requirement adopted after December 20, 1993, 
     conducted through the National Center using the fingerprints 
     or other identifying information of a person who volunteers 
     with a qualified entity shall be free of charge. This 
     subsection shall not affect the authority of the FBI, the 
     National Center, or the States to collect reasonable fees for 
     conducting criminal history background checks of providers 
     who are employed as or apply for positions as paid 
     employees.''.

     SEC. 4. ESTABLISHMENT OF A MODEL PROGRAM IN EACH STATE TO 
                   STRENGTHEN CRIMINAL DATA REPOSITORIES AND 
                   FINGERPRINT TECHNOLOGY.

       (a) Establishment.--A model program shall be established in 
     each State and the District of Columbia for the purpose of 
     improving fingerprinting technology which shall grant to each 
     State $50,000 to either--
       (1) purchase Live-Scan fingerprint technology and a State-
     vehicle to make such technology mobile and these mobile units 
     shall be used to travel within the State to assist in the 
     processing of fingerprint background checks; or
       (2) purchase electric fingerprint imaging machines for use 
     throughout the State to send fingerprint images to the 
     National Center to conduct background checks.
       (b) Additional Funds.--In addition to funds provided in 
     subsection (a), $50,000 shall be provided to each State and 
     the District of Columbia to hire personnel to--
       (1) provide information and training to each county law 
     enforcement agency within the State regarding all National 
     Child Protection Act requirements for input of criminal and 
     disposition data into the national criminal history 
     background check system; and
       (2) provide an annual summary to the National Task Force of 
     the State's progress in complying with the criminal data 
     entry provisions of the National Child Protection Act of 1993 
     which shall include information about the input of criminal 
     data, child abuse crime information, domestic violence 
     arrests and stay-away orders of protection.
       (c) Authorization of Appropriations.--
       (1) In General.--To carry out the provisions of this 
     section, there are authorized to be appropriated a total of 
     $5,100,000 for fiscal year 2001 and such sums as may be 
     necessary for each of the fiscal years 2002, 2003, 2004, and 
     2005, sufficient to improve fingerprint technology units and 
     hire data entry improvement personnel in each of the 50 
     States and the District of Columbia.
       (2) Availability.--Sums appropriated under this section 
     shall remain available until expended.
                                 ______
                                 

                              Mr. KENNEDY:

  S. 3254. A bill to provide assistance to East Timor to facilitate the 
transition of East Timor to an independent nation, and for other 
purposes; to the Committee on Foreign Relations.


           EAST TIMOR TRANSITION TO INDEPENDENCE ACT OF 2000

  Mr. KENNEDY. Mr. President, today, along with Senators Chafee, Leahy, 
Harkin, Feingold, Reed and Jeffords, I am introducing legislation to 
help facilitate East Timor's transition to independence. Congressman 
Gejdenson has introduced similar legislation in the House of 
Representatives.
  In August 1999, after almost three decades of unrest under Indonesian 
rule, the people of East Timor voted overwhelmingly in favor of 
independence.
  They did so at great personal risk. Anti-independence militia groups 
killed hundreds, hoping to intimidate and retaliate against those 
supporting independence. The militias also destroyed or severely 
damaged seventy percent of East Timor's infrastructure. Government 
services and public security were severely undermined.
  An international effort, led by Australia and including the United 
States, brought much-needed stability to East Timor.
  Now, under the United Nation's Transitional Authority, stability is 
taking hold again in East Timor, and normal life is slowly returning.
  In coming months, looking to America and other democratic nations as 
an example, East Timor's leaders will hold a constitutional convention 
to decide which form of democratic government to adopt. It is a process 
that reminds us of our own Constitutional Convention and would make our 
Founding Fathers proud.
  Late next year, after choosing a form of democratic government and 
electing leaders, East Timor is expected to declare its independence as 
the UN draws

[[Page S11255]]

down. A new, democratic nation will take its rightful place in the 
world.
  This is a success story. It is a great success story. But it is far 
from over.
  East Timor remains one of the poorest places in Asia. Only 20 percent 
of its population is literate. The annual per capita gross national 
product is $340.
  The people of East Timor need and deserve our help. The extraordinary 
physical and moral courage they demonstrated over the years is 
impressive. The great faith in the democratic process they showed by 
voting for independence under the barrel of a gun must not go 
unrewarded.
  This bill is our chance to help them, and help now. Its purpose is to 
put U.S. governmental programs and resources in place now and to enable 
U.S. government agencies to focus on the imminent reality of an 
independent East Timor. If we wait until East Timor declares its 
independence before we do the preliminary work, we will lose crucial 
time and do a disservice to both the United States and to East Timor.
  Specifically, this bill lays the groundwork for establishing a firm 
bilateral and multilateral assistance structure.
  It authorizes $25 million in bilateral assistance, $2 million for a 
Peace Corps presence and $1 million for a scholarship fund for East 
Timorese students to study in the United States.
  It encourages the President, the Overseas Private Investment 
Corporation, the Trade and Development Agency and other agencies to put 
in place now the tools and programs to create an equitable trade and 
investment relationship.
  It requires the State Department to establish an accredited mission 
to East Timor co-incident with independence.
  And it authorizes the provision of excess defense articles and 
international military education and training, after the President 
certifies that these articles and training are in the interests of the 
United States and will help promote human rights in East Timor and the 
professionalization of East Timor's armed services.
  The people of East Timor have chosen democracy. The United States has 
a golden opportunity to help them create their new democratic nation. 
But we must prepare for that day now. We must not miss this rare 
opportunity to help.
  I ask unanimous consent that a copy of the bill be printed in the 
Record at the end of my remarks, and I urge my colleagues to support 
this bill.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3254

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``East Timor Transition to 
     Independence Act of 2000''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) On August 30, 1999, the East Timorese people voted 
     overwhelmingly in favor of independence from Indonesia. Anti-
     independence militias, with the support of the Indonesian 
     military, attempted to prevent then retaliated against this 
     vote by launching a campaign of terror and violence, 
     displacing 500,000 people and murdering hundreds.
       (2) The violent campaign devastated East Timor's 
     infrastructure, destroyed or severely damaged 60 to 80 
     percent of public and private property, and resulted in the 
     collapse of virtually all vestiges of government, public 
     services and public security.
       (3) The Australian-led International Force for East Timor 
     (INTERFET) entered East Timor in September 1999 and 
     successfully restored order. On October 25, 1999, the United 
     Nations Transitional Administration for East Timor (UNTAET) 
     began providing overall administration of East Timor, guide 
     the people of East Timor in the establishment of a new 
     democratic government, and maintain security and order.
       (4) UNTAET and the East Timorese leadership currently 
     anticipate that East Timor will become an independent nation 
     as early as late 2001.
       (5) East Timor is one of the poorest places in Asia. A 
     large percentage of the population live below the poverty 
     line, only 20 percent of East Timor's population is literate, 
     most of East Timor's people remain unemployed, the annual per 
     capita Gross National Product is $340, and life expectancy is 
     only 56 years.
       (6) The World Bank and the United Nations have estimated 
     that it will require $300,000,000 in development assistance 
     over the next three years to meet East Timor's basic 
     development needs.

     SEC. 3. SENSE OF CONGRESS RELATING TO SUPPORT FOR EAST TIMOR.

       It is the sense of Congress that the United States should--
       (1) facilitate East Timor's transition to independence, 
     support formation of broad-based democracy in East Timor, 
     help lay the groundwork for East Timor's economic recovery, 
     and strengthen East Timor's security;
       (2) begin to lay the groundwork, prior to East Timor's 
     independence, for an equitable bilateral trade and investment 
     relationship;
       (3)(A) officially open a diplomatic mission to East Timor 
     as soon as possible;
       (B) recognize East Timor, and establish diplomatic 
     relations with East Timor, upon its independence; and
       (C) ensure that a fully functioning, fully staffed, 
     adequately resourced, and securely maintained United States 
     diplomatic mission is accredited to East Timor upon its 
     independence;
       (4) support efforts by the United Nations and East Timor to 
     ensure justice and accountability related to past atrocities 
     in East Timor through--
       (A) United Nations investigations;
       (B) development of East Timor's judicial system, including 
     appropriate technical assistance to East Timor from the 
     Department of Justice, the Federal Bureau of Investigation, 
     and the Drug Enforcement Administration; and
       (C) the possible establishment of an international tribunal 
     for East Timor; and
       (5) support observer status for an official delegation from 
     East Timor to observe and participate, as appropriate, in all 
     deliberations of the Asia Pacific Economic Co-operation 
     (APEC) group.

     SEC. 4. BILATERAL ASSISTANCE.

       (a) Authority.--The President, acting through the 
     Administrator of the United States Agency for International 
     Development, is authorized to--
       (1) support the development of civil society, including 
     nongovernmental organizations in East Timor;
       (2) promote the development of an independent news media;
       (3) support job creation and economic development in East 
     Timor, including support for microenterprise programs and 
     technical education, as well as environmental protection and 
     education programs;
       (4) promote reconciliation, conflict resolution, and 
     prevention of further conflict with respect to East Timor, 
     including establishing accountability for past gross human 
     rights violations;
       (5) support the voluntary and safe repatriation and 
     reintegration of refugees into East Timor; and
       (6) support political party development, voter education, 
     voter registration and other activities in support of free 
     and fair elections in East Timor.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $25,000,000 for each of the fiscal 
     years 2001, 2002, and 2003.
       (2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under paragraph (1) are 
     authorized to remain available until expended.

     SEC. 5. MULTILATERAL ASSISTANCE.

       The President shall instruct the United States executive 
     director at each international financial institution to which 
     the United States is a member to use the voice, vote, and 
     influence of the United States to support economic and 
     democratic development in East Timor.

     SEC. 6. PEACE CORPS ASSISTANCE.

       (a) Authority.--The Director of the Peace Corps is 
     authorized to--
       (1) provide English language and other technical training 
     for individuals in East Timor as well as other activities 
     which promote education, economic development, and economic 
     self-sufficiency; and
       (2) quickly address immediate assistance needs in East 
     Timor using the Peace Corps Crisis Corps, to the extent 
     practicable.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $2,000,000 for each of the fiscal years 2001, 2002, and 2003 
     to carry out such subsection.
       (2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under paragraph (1) are 
     authorized to remain available until expended.

     SEC. 7. TRADE AND INVESTMENT ASSISTANCE.

       (a) OPIC.--Beginning on the date of the enactment of this 
     Act, the President should initiate negotiations with the 
     United Nations Transitional Administration for East Timor 
     (UNTAET), the National Council of East Timor, and the 
     government of East Timor (after independence for East 
     Timor)--
       (1) to apply to East Timor the existing agreement between 
     the Overseas Private Investment Corporation and Indonesia; or
       (2) to enter into a new agreement authorizing the Overseas 
     Private Investment Corporation to carry out programs with 
     respect to East Timor,
     in order to expand United States investment in East Timor.
       (b) Trade and Development Agency.--
       (1) In general.--The Director of the Trade and Development 
     Agency is authorized to carry out projects in East Timor 
     under section 661 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2421).
       (2) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     carry out this subsection $1,000,000 for each of the fiscal 
     years 2001, 2002, and 2003.

[[Page S11256]]

       (B) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under subparagraph (A) are 
     authorized to remain available until expended.
       (c) Export-Import Bank.--The Export-Import Bank of the 
     United States shall expand its activities in connection with 
     exports to East Timor.

     SEC. 8. GENERALIZED SYSTEM OF PREFERENCES.

       (a) Sense of Congress.--It is the sense of Congress that 
     the President should encourage the United Nations 
     Transitional Administration for East Timor (UNTAET), in close 
     consultation with the National Council of East Timor, to seek 
     to become eligible for duty-free treatment under title V of 
     the Trade Act of 1974 (19 U.S.C. 2461 et seq.; relating to 
     generalized system of preferences).
       (b) Technical Assistance.--The United States Trade 
     Representative and the Commissioner of the United States 
     Customs Service are authorized to provide technical 
     assistance to UNTAET, the National Council of East Timor, and 
     the government of East Timor (after independence for East 
     Timor) in order to assist East Timor to become eligible for 
     duty-free treatment under title V of the Trade Act of 1974.

     SEC. 9. BILATERAL INVESTMENT TREATY.

       It is the sense of Congress that the President should seek 
     to enter into a bilateral investment treaty with the United 
     Nations Transitional Administration for East Timor (UNTAET), 
     in close consultation with the National Council of East 
     Timor, in order to establish a more stable legal framework 
     for United States investment in East Timor.

     SEC. 10. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS.

       (a) Authority.--The Secretary of State--
       (1) is authorized to carry out an East Timorese scholarship 
     program under the authorities of the United States 
     Information and Educational Exchange Act of 1948, the Mutual 
     Educational and Cultural Exchange Act of 1961, Reorganization 
     Plan Number 2 of 1977, and the National Endowment for 
     Democracy Act; and
       (2) shall make every effort to identify and provide 
     scholarships and other support to East Timorese students 
     interested in pursuing undergraduate and graduate studies at 
     institutions of higher education in the United States.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of State, $1,000,000 for 
     the fiscal year 2002 and $1,000,000 for the fiscal year 2003 
     to carry out subsection (a).

     SEC. 11. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FACILITIES IN 
                   EAST TIMOR.

       (a) Development of Detailed Plan.--The Secretary of State 
     shall develop a detailed plan for the official establishment 
     of a United States diplomatic mission to East Timor, with a 
     view to--
       (1) officially open a fully functioning, fully staffed, 
     adequately resourced, and securely maintained diplomatic 
     mission in East Timor as soon as possible;
       (2) recognize East Timor, and establish diplomatic 
     relations with East Timor, upon its independence; and
       (3) ensure that a fully functioning, fully staffed, 
     adequately resourced, and securely maintained diplomatic 
     mission is accredited to East Timor upon its independence.
       (b) Reports.--
       (1) Initial report.--Not later than three months after the 
     date of the enactment of this Act, the Secretary of State 
     shall submit to the Committee on International Relations of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate a report that contains the detailed 
     plan described in subsection (a), including a timetable for 
     the official opening of a facility in Dili, East Timor, the 
     personnel requirements for the mission, the estimated costs 
     for establishing the facility, and its security requirements.
       (2) Subsequent reports.--Beginning six months after the 
     submission of the initial report under paragraph (1), and 
     every six months thereafter until January 1, 2004, the 
     Secretary of State shall submit to the committees specified 
     in that paragraph a report on the status of the 
     implementation of the detailed plan described in subsection 
     (a), including any revisions to the plan (including its 
     timetable, costs, or requirements) that have been made during 
     the period covered by the report.
       (3) Form of report.--Each report submitted under this 
     subsection may be submitted in classified or unclassified 
     form.

     SEC. 12. SECURITY ASSISTANCE FOR EAST TIMOR.

       (a) Authorization.--Beginning on and after the date on 
     which the President transmits to the Congress a certification 
     described in subsection (b), the President is authorized--
       (1) to transfer excess defense articles under section 516 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) to 
     East Timor in accordance with such section; and
       (2) to provide military education and training under 
     chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) for 
     the armed forces of East Timor in accordance with such 
     chapter.
       (b) Certification.--A certification described in this 
     subsection is a certification that--
       (1) East Timor has established an independent armed forces; 
     and
       (2) the assistance proposed to be provided pursuant to 
     subsection (a)--
       (A) is in the national security interests of the United 
     States; and
       (B) will promote both human rights in East Timor and the 
     professionalization of the armed forces of East Timor.
       (c) Study and Report.--
       (1) Study.--The President shall conduct a study to 
     determine--
       (A) the extent to which East Timor's security needs can be 
     met by the transfer of excess defense articles under section 
     516 of the Foreign Assistance Act of 1961;
       (B) the extent to which international military education 
     and training (IMET) assistance will enhance professionalism 
     of the armed forces of East Timor, provide training in human 
     rights, promote respect for human rights and humanitarian 
     law; and
       (C) the terms and conditions under which such defense 
     articles or training, as appropriate, should be provided.
       (2) Report.--Not later than 1 month after the date of 
     enactment of this Act, the President shall submit a report to 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives setting forth the findings of 
     the study conducted under paragraph (1).

     SEC. 13. AUTHORITY FOR RADIO BROADCASTING.

       The Broadcasting Board of Governors shall further the 
     communication of information and ideas through the increased 
     use of audio broadcasting to East Timor to ensure that radio 
     broadcasting to that country serves as a consistently 
     reliable and authoritative source of accurate, objective, and 
     comprehensive news.

     SEC. 14. REPORTING REQUIREMENT.

       (a) In General.--Not later than three months after the date 
     of the enactment of this Act, and every six months thereafter 
     until January 1, 2004, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development, the Secretary of the 
     Treasury, the United States Trade Representative, the 
     Secretary of Commerce, the Overseas Private Investment 
     Corporation, the Director of the Trade and Development 
     Agency, the President of the Export-Import Bank of the United 
     States, the Secretary of Agriculture, and the Director of the 
     Peace Corps, shall prepare and transmit to the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Foreign Relations of the Senate a report 
     that contains the information described in subsection (b).
       (b) Information.--The report required by subsection (a) 
     shall include--
       (1) developments in East Timor's political and economic 
     situation in the period covered by the report, including an 
     evaluation of any elections occurring in East Timor and the 
     refugee reintegration process in East Timor;
       (2)(A) in the initial report, a 3-year plan for United 
     States foreign assistance to East Timor in accordance with 
     section 4, prepared by the Administrator of the United States 
     Agency for International Development, which outlines the 
     goals for United States foreign assistance to East Timor 
     during the 3-year period; and
       (B) in each subsequent report, a description in detail of 
     the expenditure of United States bilateral foreign assistance 
     during the period covered by each such report;
       (3) a description of the activities undertaken in East 
     Timor by the International Bank for Reconstruction and 
     Development and the Asian Development Bank, and an evaluation 
     of the effectiveness of these activities;
       (4) an assessment of--
       (A) the status of United States trade and investment 
     relations with East Timor, including a detailed analysis of 
     any trade and investment-related activity supported by the 
     Overseas Private Investment Corporation, the Export-Import 
     Bank of the United States, and the Trade and Development 
     Agency during the period of time since the previous report; 
     and
       (B) the status of any negotiations with the United Nations 
     Transitional Administration for East Timor (UNTAET) or East 
     Timor to facilitate the operation of the United States trade 
     agencies in East Timor;
       (5) the nature and extent of United States-East Timor 
     cultural, education, scientific, and academic exchanges, both 
     official and unofficial, and any Peace Corps activities; and
       (6) a comprehensive study and report on local agriculture 
     in East Timor, emerging opportunities for producing and 
     exporting indigenous agricultural products, and 
     recommendations for appropriate technical assistance from the 
     United States.
                                 ______
                                 
      Mr. MOYNIHAN:
  S. 3259. A bill amend the Internal Revenue Code of 1986 to provide a 
rehabilitation credit for certain expenditures to rehabilitate historic 
performing arts facilities; to the Committee on Finance.


          historic performing arts facility rehabilitation act

  Mr. MOYNIHAN. Mr. President, I rise today to offer a bill that will 
benefit the cultural cornerstones of many of our communities--our 
nation's historic performing arts facilities. From the non-profit 
community theater housed in an historic opera house to the non-profit 
metropolitan performing arts complex of historic significance, this 
nation's historic performing arts facilities play a lasting and 
important role

[[Page S11257]]

in the cultural fabric and cultural evolution of this nation.
  There are over 200 non-profit performing arts organizations with 
historic facilities nationally, including the Traverse City Opera House 
in Traverse City, Michigan; the Paramount Theater in Anderson, Indiana; 
the Polk Theater in Lakeland, Florida; the Strand Theater in 
Shreveport, Louisiana; the Trinity Repertory Company in Providence, 
Rhode Island; and the Victoria Theater in Dayton, Ohio. As the cultural 
cornerstones of their communities and regions, these facilities also 
play an important economic role as the anchors of economic development 
within their communities. These theaters attract tourism, stabilize 
neighborhoods, and generate increased economic activity of surrounding 
businesses.
  Since the 1950s, this nation has also seen the emergence of nearly 
forty larger multi-purpose, multi-use performing arts complexes in 
urban areas as part of a larger urban renewal movement, such as the Los 
Angeles Music Center, the Wang Center for the Performing Arts in 
Boston, the Cincinnati Music Hall and Aronoff Center for the Arts in 
Ohio, the Regional Performing Arts Center in Philadelphia, the Lincoln 
Center for the Performing Arts in New York City, and the Kennedy Center 
for the Performing Arts in Washington, D.C. Each of these performing 
arts organizations has revitalized and spurred development in its 
community, and many of these larger facilities are centered around 
historic facilities or are historic places themselves.
  This bill, the Historic Performing Arts Facility Rehabilitation Act, 
provides parity between non-profit and for-profit historic performing 
arts organizations that rehabilitate these national treasures. For many 
years, for-profit entities, including for-profit theaters, that 
rehabilitate their nationally registered historic structures have 
qualified for a rehabilitation tax credit. This bill would simply 
permit non-profit performing arts organizations, with facilities 
similarly listed on the National Register of Historic Places, to 
benefit from the same program.
  The bill permits non-profit performing arts organizations to receive 
the existing credit, equal to twenty percent of qualified 
rehabilitation expenditures, in the form of a credit certificate. The 
certificate would be transferable to a lending institution that 
provides all or part of the financing related to the qualified 
rehabilitation expenditure in exchange for a reduction in interest or 
principal.
  This bill has the support of the performing arts community and the 
support of historic preservation organizations. I hope many of my 
colleagues will support this important legislation.
                                 ______
                                 
      By Mr. HARKIN (for himself and Mr. Smith of Oregon):
  S. 3260. A bill to amend the Food Security Act of 1985 to establish 
the conservation security program; to the Committee on Agriculture, 
Nutrition, and Forestry.


                       conservation security act

  Mr. HARKIN. Mr. President, I am proud to reintroduce the Conservation 
Security Act today together with Senator Gordon Smith of Oregon. This 
important bipartisan legislation represents the first meaningful step 
toward comprehensive conservation on all of America's working farms and 
ranches. Although the reintroduction of this bill comes late in the 
session, it represents the beginning of the new approach for 
conservation in the next farm bill.
  Mr. SMITH of Oregon. Mr. President, I come to the floor of the Senate 
today to speak to the important issue of conservation in agriculture. I 
am pleased to join with my friend from Iowa, the distinguished ranking 
member of the Agriculture Committee, Senator Harkin, on the 
introduction of the Conservation Security Act. The introduction of this 
legislation represents the culmination of a great deal of work on the 
part of Senator Harkin and his staff to explore new ways to address the 
needs of American farmers in the area of conservation. With the debate 
over a new farm bill on the horizon for the next Congress, I think it 
is important that we begin this dialogue now to consider how federal 
programs for farmers can be made more flexible and, frankly, more 
relevant, to farmers throughout the country.
  As some of my colleagues know, I come from rural Eastern Oregon. In 
my part of the State, which is noted for its wheat farms, it is often 
said that every day is Earth Day for farmers. And every year, as more 
and more farmland is lost to development, people from both urban and 
rural America are starting to realize how much a friend to the 
environment our farmers are. Farmers have long recognized their direct 
dependence upon the land and the blessings of nature for their 
livelihoods, and, as a result, are some of the best stewards of the 
land in this country. I think you will find, Mr. President, that when 
it come to environmental stewardship measures, farmers are almost 
always willing to step up to the plate to do their part, provided that 
they can still make a living. Too often, I believe they are simply told 
through regulation what they can or cannot do with their land. Not 
enough attention is paid to the real impact of such regulation on the 
farmer's bottom line or on the relative competitiveness of U.S. 
Agriculture to foreign competition. What good does it do for the 
environment to drive farmers out of business only to trade farmland for 
strip malls? We all know there is a place for common sense 
environmental regulation, but I don't believe we have done nearly 
enough on the incentive side of the coin.
  The Conservation Security Act is a bold step toward filling the gap 
in our current federal farm conservation regime. Simply put, this 
legislation offers compensation to farmers for voluntary conservation 
activities performed on land that is in agricultural production. 
Several aspects of this approach are significant improvements over the 
conservation tools available to farmers today.
  First, this legislation recognizes that there are a number of things 
that are beneficial to the environment that farmers can do short of 
simply idling their land. Adopting an integrated pest management plan 
that reduces pesticide use, or using soil-conserving rotational crops 
are just two examples of environmentally sensitive measures farmers can 
take while their land is still under production. Most of our spending 
for conservation programs at the federal level is geared toward paying 
farmers to set aside environmentally sensitive land altogether, such as 
under the Conservation Reserve Program. While such programs serve an 
important need, they don't address the range of conservation activities 
that farmers can, and often do, on their land in production. The 
Conservation Security Act fills this need in conservation programming 
and offers farmers the flexibility of choosing from amongst three tiers 
of conservation measures.
  A second significant feature of this legislation is its applicability 
to all farmers, not just program commodity producers. I come from a 
state that produces everything from blueberries to potatoes to 
hazelnuts and nearly everything in between. These specialty crop 
producers need to have conservation options too. I am pleased to note 
the Conservation Security Act is open to all farmers in the nation. It 
is critical that the next farm bill more effectively addresses the 
needs of specialty crop producers in this area.
  Finally, I have to note the potential for this legislation to help 
address the current farm crisis that is affecting so many of our family 
farmers. Those of us from agricultural states know too well the 
difficulties our farmers have faced in recent years, with the cost of 
production often exceeding the price paid for their commodities. While 
I believe a number of unusual circumstances have contributed to this 
problem--such as the Asian economic crisis--I also recognize that we 
must develop a more effective income support mechanism that the ad-hoc 
emergency farm spending packages we have relied upon in recent years. 
An investment in conservation, such as outlined in the Conservation 
Security Act, could contribute to that end.
  In summary, Mr. President, I believe the Conservation Security Act 
has great potential to address crying needs of farmers all across the 
nation, while encouraging enhanced environmental stewardship. These are 
goals I think we should all agree on when it comes to farm policy. Over 
the upcoming recess, Senator Harkin and I will seek more input from the 
agriculture community

[[Page S11258]]

as well as other interested colleagues on this important legislation. 
The Conservation Security Act offers a serious attempt to address the 
conservation needs of farmers as well as the troubling overall decline 
of the family farm in this country. I urge my colleagues to give in 
their consideration over this recess and look forward to reintroducing 
this legislation at the beginning of the next Congress as the debate 
over the next farm bill begins in earnest.

                          ____________________