[Congressional Record Volume 150, Number 134 (Friday, November 19, 2004)]
[Senate]
[Pages S11641-S11648]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BOND (for himself, Ms. Mikulski, Mr. Bennett, and Mr. 
        Harkin):
  S. 3009. A bill to establish a Division of Food and Agricultural 
Science within the National Science Foundation and to authorize funding 
for the support of fundamental agricultural research of the highest 
quality, and for other purposes; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mr. BOND. I rise today to introduce legislation with Senator 
Mikulski, Senator Bennett, and Senator Harkin to establish a division 
of food and agricultural science within the National Science Foundation 
to support fundamental agricultural research of the highest quality. I 
present this to begin a critical discussion that I believe we must have 
over the next several months and perhaps over the next year or so about 
how we are going to ensure we capitalize on the technology to maximize 
the benefits and minimize the costs of our agricultural production.

  We remain the world leader in food and fiber production. We do it 
safely and through technology and the hard work of the American farmer. 
In the past half century, the number of people fed by a single U.S. 
farm has grown from 19 to 129. We have a tremendously innovative 
agricultural research program. Our farmers, our farm leaders are on the 
cutting edge of developing new technology. And we have seen the 
innovations continue to come down the pike. This has made it possible 
for one farmer to feed 129 people.
  In addition, we export $60 billion worth of agricultural products, 
and we do so at less cost and at less harm to the environment than any 
of our competitors around the world, again, because of new practices, 
diligence on the part of farmers, and new technology.
  In a world that has a decreasing amount of soil available for 
cultivation, we have a growing population and we still have 800 million 
children who are hungry or malnourished throughout the world. As some 
have said: A person who is well fed can have many problems. A person 
who is hungry has but one problem. Unless we maximize technology and 
new practices, production will continue to overtax the world's natural 
resources.
  Many people legitimately have raised concerns regarding new diseases 
and pests and related food safety issues. And they are growing. The 
leading competitiveness of our U.S. producers is only as solid as our 
willingness to invest in forward-looking investments and build upon our 
historic successes.
  Now, we also know from past experience that with new technology the 
doors are being opened to novel new uses of renewable agricultural 
products in the fields of energy, medicine, and industrial products. In 
the future, we can make our farm fields and farm animals factories for 
everyday products, fuels, and medicines in a way that is efficient and 
better preserves our natural resources. Advances in the life sciences 
have come about, such as genetics, proteomics, and cell and molecular 
biology. They are providing the base for new and continuing 
agricultural innovations.
  It was only about a dozen years ago that farmers in Missouri came to 
me to tell me about the potential that genetic engineering and plant 
biotechnology had for improving the production of food, and doing so 
with less impact on the environment, providing more nutritious food. 
Since that time, I have had a wonderful, continuing education, not in 
how it works but what it can do.
  We know now, for example, that in hungry areas of the world as many 
as half a million children go blind from vitamin A deficiency, and 
maybe a million die from vitamin A deficiency. Well, through plant 
biotechnology, the International Rice Research Institute in the 
Philippines has developed Golden Rice, taking a gene from the 
sunflower, a beta-carotene gene, and they enrich the rice. The Golden 
Rice now has that vitamin A, and that is going to make a significant 
difference in dealing with malnutrition.
  We also know that in many areas of the world, where agricultural 
production has overtaxed the land, where drought has cut the 
production, where virus has plagued production, the way we can make 
farmers self-sufficient, where we can restore the farm economy in many 
of these countries, is through plant biotechnology.

  But this is just the beginning. This legislation I am introducing 
today is a discussion draft which I hope is going to lay the foundation 
for tremendous advances in the future.

[[Page S11642]]

  This legislation stems from findings and recommendations produced by 
a distinguished group of scientists working on the Agricultural 
Research, Economics and Education Task Force, which I was honored to be 
able to include in the 2002 farm bill. The distinguished task force was 
led by Dr. William H. Danforth, of St. Louis, the brother of our former 
distinguished colleague, Senator Jack Danforth. Dr. Bill Danforth has a 
tremendous reputation in science and in education, with a commitment to 
human welfare and is known worldwide. He was joined by Dr. Nancy Betts, 
the University of Nebraska; Mr. Michael Bryan, president of BBI 
International; Dr. Richard Coombe, the Watershed Agricultural Council; 
Dr. Victor Lechtenbert, Purdue University; Dr. Luis Sequeira, the 
University of Wisconsin; Dr. Robert Wideman, the University of 
Arkansas; and Dr. H. Alan Wood, Mississippi State University.
  I extend my congratulations and my sincere gratitude to Dr. Danforth 
and his team for providing the basis and the roadmap to ensure we have 
the mechanisms in place to solve the problems and capitalize on the 
opportunities in agricultural research. The full report of the task 
force can be found at www.ars.usda.gov/research.htm.
  In summary, that study concludes that it is absolutely necessary we 
reinvigorate and forward focus our technology to meet the 
responsibilities of our time. New investment is critical for the 
world's consumers, the protection of our natural resources, the 
standard of living for Americans who labor in rural America, and for 
the well-being of the hungry people and the needy people throughout the 
world.
  I look forward to pursuing this vision in the 109th Congress. I 
invite my colleagues who are interested in science and research to 
review this report, to look at this measure, to join with me and my 
cosponsors in the next session of Congress to talk about moving forward 
on what I think will be a tremendous opportunity to improve agriculture 
and its benefits to all our populations.
  Now, I cannot speak for all agricultural groups, but I talked to 
agricultural leaders of the various commodities, the farm organizations 
in my State of Missouri. They are very excited about it because these 
are the people who have been on the leading edge, who have pushed for 
the new technology, who have pushed for the new research that has 
enabled them to go from feeding 19 people per farmer a half century ago 
to feeding 129 people per farmer.
  Madam President, this, I hope, will be the start of something really 
big. So, with that, I send the draft of the legislation to the desk.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3009

       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 Food and 
     Agricultural Science Act of 2004''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Council.--The term ``Council'' means the Standing 
     Council of Advisors established under section 4(c).
       (2) Director.--Except as otherwise provided in this Act, 
     the term ``Director'' means the Director of Food and 
     Agricultural Science.
       (3) Division.--The term ``Division'' means the Division of 
     Food and Agricultural Science established under section 4(a).
       (4) Foundation.--The term ``Foundation'' means the National 
     Science Foundation.
       (5) Fundamental agricultural research; fundamental 
     science.--The terms ``fundamental agricultural research'' and 
     ``fundamental science'' mean fundamental research or science 
     that--
       (A) advances the frontiers of knowledge so as to lead to 
     practical results or to further scientific discovery; and
       (B) has an effect on agriculture, food, human health, or 
     another purpose of this Act, as described in section 3(b).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (7) United States.--The term ``United States'' when used in 
     a geographical sense means the States, the District of 
     Columbia, the Commonwealth of Puerto Rico, and all 
     territories and possessions of the United States.

     SEC. 3. FINDINGS AND PURPOSES.

       (a) Findings.--The Agricultural Research, Economics, and 
     Education Task Force established under section 7404 of the 
     Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3101 
     note) conducted an exhaustive review of agricultural research 
     in the United States and evaluated the merits of establishing 
     1 or more national institutes focused on disciplines 
     important to the progress of food and agricultural science. 
     Consistent with the findings and recommendations of the 
     Agricultural Research, Economics, and Education Task Force, 
     Congress finds the following:
       (1) Agriculture in the United States faces critical 
     challenges, including an impending crisis in the food, 
     agricultural, and natural resource systems of the United 
     States. Exotic diseases and pests threaten crops and 
     livestock, obesity has reached epidemic proportions, 
     agriculturally-related environmental degradation is a serious 
     problem for the United States and other parts of the world, 
     certain animal diseases threaten human health, and United 
     States producers of some major crops are no longer the 
     world's lowest cost producers.
       (2) In order to meet these critical challenges, it is 
     essential that the Nation ensure that the agricultural 
     innovation that has been so successful in the past continues 
     in the future. Agricultural innovation has resulted in hybrid 
     and higher yielding varieties of basic crops and enhanced the 
     world's food supply by increasing yields on existing acres. 
     Since 1960, the world's population has tripled with no net 
     increase in the amount of land under cultivation. Currently, 
     only 1.5 percent of the population of the United States 
     provides the food and fiber to supply the Nation's needs. 
     Agriculture and agriculture sciences play a major role in 
     maintaining the health and welfare of all people of the 
     United States and in husbanding our land and water, and that 
     role must be expanded.
       (3) Fundamental scientific research that leads to 
     understandings of how cells and organisms work is critical to 
     continued innovation in agriculture in the United States. 
     Such future innovations are dependent on fundamental 
     scientific research, and will be enhanced by ideas and 
     technologies from other fields of science and research.
       (4) Opportunities to advance fundamental knowledge of 
     benefit to agriculture in the United States have never been 
     greater. Many of these new opportunities are the result of 
     amazing progress in the life sciences over recent decades, 
     attributable in large part to the provision made by the 
     Federal Government through the National Institutes of Health 
     and the National Science Foundation. New technologies and new 
     concepts have speeded advances in the fields of genetics, 
     cell and molecular biology, and proteomics. Much of this 
     scientific knowledge is ready to be mined for agriculture and 
     food sciences, through a sustained, disciplined research 
     effort at an institute dedicated to this research.
       (5) Publicly sponsored research is essential to continued 
     agricultural innovation to mitigate or harmonize the long-
     term effects of agriculture on the environment, to enhance 
     the long-term sustainability of agriculture, and to improve 
     the public health and welfare.
       (6) Competitive, peer-reviewed fundamental agricultural 
     research is best suited to promoting the fundamental research 
     from which breakthrough innovations that agriculture and 
     society require will come.
       (7) It is in the national interest to dedicate additional 
     funds on a long-term, ongoing basis to an institute dedicated 
     to funding competitive peer-reviewed grant programs that 
     support and promote the highest caliber of fundamental 
     agricultural research.
       (8) The Nation's capacity to be internationally competitive 
     in agriculture is threatened by inadequate investment in 
     research.
       (9) To be successful over the long term, grant-receiving 
     institutions must be adequately reimbursed for their costs if 
     they are to pursue the necessary agricultural research.
       (10) To meet these challenges, address these needs, and 
     provide for vitally needed agricultural innovation, it is in 
     the national interest to provide sufficient Federal funds 
     over the long term to fund a significant program of 
     fundamental agricultural research through an independent 
     institute.
       (b) Purposes.--The purposes of the Division established 
     under section 4(a) shall be to ensure that the technological 
     superiority of agriculture in the United States effectively 
     serves the people of the United States in the coming decades, 
     and to support and promote fundamental agricultural research 
     of the highest caliber in order to achieve goals, including 
     the following goals:
       (1) Increase the international competitiveness of United 
     States agriculture.
       (2) Develop foods that improve health and combat obesity.
       (3) Create new and more useful food, fiber, health, 
     medicinal, energy, environmental, and industrial products 
     from plants and animals.
       (4) Improve food safety and food security by protecting 
     plants and animals in the United States from insects, 
     diseases, and the threat of bioterrorism.
       (5) Enhance agricultural sustainability and improve the 
     environment.
       (6) Strengthen the economies of the Nation's rural 
     communities.
       (7) Decrease United States dependence on foreign sources of 
     petroleum by developing bio-based fuels and materials from 
     plants.
       (8) Strengthen national security by improving the 
     agricultural productivity of subsistence farmers in 
     developing countries to

[[Page S11643]]

     combat hunger and the political instability that it produces.
       (9) Assist in modernizing and revitalizing the Nation's 
     agricultural research facilities at institutions of higher 
     education, independent non-profit research institutions, and 
     consortia of such institutions, through capital investment.
       (10) Achieve such other goals and meet such other needs as 
     determined appropriate by the Foundation, the Director, or 
     the Secretary.

     SEC. 4. ESTABLISHMENT OF DIVISION.

       (a) Establishment.--There is established within the 
     National Science Foundation a Division of Food and 
     Agricultural Science. The Division shall consist of the 
     Council and be administered by a Director of Food and 
     Agricultural Science.
       (b) Reporting and Consultation.--The Director shall 
     coordinate the research agenda of the Division with the 
     Secretary.
       (c) Standing Council of Advisors.--
       (1) Establishment.--
       (A) In general.--There is established in the Division a 
     Standing Council of Advisors composed of 12 highly qualified 
     scientists who are not employed by the Federal Government and 
     12 stakeholders.
       (B) Scientists.--
       (i) Appointment.--The 12 scientist members of the Council 
     shall be appointed to 4-year staggered terms by the Director 
     of the National Science Foundation, with the consent of the 
     Director of Food and Agricultural Science.
       (ii) Qualifications.--The persons nominated for appointment 
     as scientist members of the Council shall be--

       (I) eminent in the fields of agricultural research, 
     science, or related appropriate fields; and
       (II) selected for appointment solely on the basis of 
     established records of distinguished service and to provide 
     representation of the views of agricultural research and 
     scientific leaders in all areas of the Nation.

       (C) Stakeholders.--
       (i) Appointment.--The 12 stakeholder members of the Council 
     shall be appointed to 4-year staggered terms by the 
     Secretary, with the consent of the Director.
       (ii) Qualifications.--The persons nominated for appointment 
     as stakeholder members of the Council shall--

       (I) include distinguished members of the public of the 
     United States, including representatives of farm 
     organizations and industry, and persons knowledgeable about 
     the environment, subsistence agriculture, energy, and human 
     health and disease; and
       (II) be selected for appointment so as to provide 
     representation of the views of stakeholder leaders in all 
     areas of the Nation.

       (2) Duties.--The Council shall assist the Director in 
     establishing the Division's research priorities, and in 
     reviewing, judging, and maintaining the relevance of the 
     programs funded by the Division. The Council shall review all 
     proposals approved by the scientific committees of the 
     Division to ensure that the purposes of this Act and the 
     needs of the Nation are being met.
       (3) Meetings.--
       (A) In general.--The Council shall hold periodic meetings 
     in order to--
       (i) provide an interface between scientists and 
     stakeholders; and
       (ii) ensure that the Division is linking national goals 
     with realistic scientific opportunities.
       (B) Timing.--The meetings shall be held at the call of the 
     Director, or at the call of the Secretary, but not less 
     frequently than annually.

     SEC. 5. FUNCTIONS OF DIVISION.

       (a) Competitive Research.--
       (1) In general.--The Director shall carry out the purposes 
     of this Act by awarding competitive peer-reviewed grants to 
     support and promote the very highest quality of fundamental 
     agricultural research.
       (2) Grant recipients.--The Director shall make grants to 
     fund research proposals submitted by--
       (A) individual scientists;
       (B) single and multi-institutional research centers; and
       (C) entities from the private and public sectors, including 
     researchers in the Department of Agriculture, the Foundation, 
     or other Federal agencies.
       (b) Complementary Research.--The research funded by the 
     Division shall--
       (1) supplement and enhance, not supplant, the existing 
     research programs of, or funded by, the Department of 
     Agriculture, the Foundation, and the National Institutes of 
     Health; and
       (2) seek to make existing research programs more relevant 
     to United States agriculture, consistent with the purposes of 
     this Act.
       (c) Grant-Awarding Only.--The Division's sole duty shall be 
     to award grants. The Division may not conduct fundamental 
     agricultural research or fundamental science, or operate any 
     laboratories or pilot plants.
       (d) Procedures.--The Director shall establish procedures 
     for the peer review, awarding, and administration of grants 
     under this Act, consistent with sound management and the 
     findings and purposes described in section 3.
                                 ______
                                 
      By Mr. SESSIONS (for himself, Mr. Durbin, and Mr. Kennedy):
  S. 3013. A bill to provide for the establishment of a controlled 
substance monitoring program in each State; to the Committee on Health, 
Education, Labor, and Pensions.


  Introduction of the National All Schedules Prescription Electronic 
                         Reporting Act of 2004

  Mr. KENNEDY. Mr. President, it is a privilege to join Senator 
Sessions, Senator Durbin and Senator Dodd in introducing the ``National 
All Schedules Prescription Electronic Reporting Act.'' Our goal is to 
assist States in establishing in electronic databases to monitor the 
administration of prescription drugs and deal more effectively with the 
growing national problem of prescription drug abuse.
  Our Health Committee listened carefully to the thoughtful concerns 
and comments of the expert witnesses who testified at our recent 
hearing on this issue, and we have sought to meet these concerns in our 
bill.
  Over 6 million Americans currently use prescription drugs for non-
medical purposes. 31 million adults and adolescents have reported 
abusing prescription drugs at least once. Since 1992, the number of 
young adults who abuse prescription pain relievers and other 
potentially addictive drugs has more than tripled. Prescription drug 
abuse among youths of age 12 to 17 has increased tenfold.
  State efforts to monitor the prescribing of potentially addictive 
medications can help curb this abuse. Currently, 19 States have such 
monitoring programs in place, including Massachusetts, and they vary 
widely in the collection and storage of data and the methods used for 
protecting privacy, while using the information in the databases to 
encourage the non-medical use of prescription drugs and reduce their 
diversion for illegal purposes.
  This bill authorizes the Secretary of HHS to award grants to states 
to establish prescription drug monitoring programs. For States with 
existing programs, the Secretary can award grants to upgrade their 
systems, standardize the data collected, and allow its sharing among 
States. The legislation includes an important provision allowing States 
with existing programs to receive funding, even if it is not feasible 
for the States to meet all the conditions required for new programs. 
The legislation recognizes that existing programs have been designed 
with the specific needs of each state in mind, and we should not block 
funding, even if particular programs do not match exactly the template 
in the bill.
  Any such program, however, must include strong safeguards for medical 
privacy, and must make certain that the database cannot be used to 
bring improper pressure on physicians to avoid prescribing essential 
medication for patients in need. The proper treatment of patients in 
pain, for example, is an enormous medical challenge, and this essential 
medical mission will be more difficult if patients fear that the 
privacy of their prescription histories will not be protected, or if 
physicians begin to look over their shoulders whenever they prescribe 
needed pain medication. The legislation permits state programs to 
release data under controlled and limited conditions. It is important 
to note, however, that States are free to impose even more stringent 
restrictions on the release of data than those required under our 
legislation.
  We all share the goal of reaching the right balance between the 
interests of patients, physicians, and law enforcement. Our bill 
requires that in their grant applications, each State must propose 
security standards for the electronic databases, including appropriate 
encryption or other information technology. In their applications, 
States must also set standards for use of the database, including a 
description of a process to certify that requests for information are 
legitimate. The bill also requires the Secretary to provide an analysis 
of the privacy protections within two years after enactment.
  Prescription drug abuse has been increasing every year. Physicians 
want to treat pain, and law enforcement officials want to stop the flow 
of prescription drugs from the pharmacies to the streets. A national 
prescription drug monitoring program will be a valuable resource to 
achieve both goals. I commend Senator Sessions for his leadership on 
this important health issue, and I look forward to early action by 
Congress to deal with this serious national problem.

[[Page S11644]]

                                 ______
                                 
      By Mr. McCONNELL (for himself and Mr. Lugar):
  S. 3016. A bill to promote freedom, economic growth, and security in 
Asia, and for other purposes; to the Committee on Foreign Relations.
  Mr. McCONNELL. Mr. President, today I introduce, along with my good 
friend from Indiana, the ``Asia Freedom Act of 2004''.
  We offer this bill with the full knowledge that it will neither be 
considered nor voted upon by the Senate Committee on Foreign Relations 
before the 108th Congress ends. Rather, we intend today's introduction 
to mark what we hope is the start of broader discussion between our 
respective offices and the Administration on America's foreign policy 
toward Asia.
  The Act is based on the Freedom Support Act for the Former Soviet 
Union and provides an integrated and coherent framework for U.S. policy 
toward North and Southeast Asia. It creates 10 broad development 
activities for the region--ranging from democracy to security and the 
environment--and endorses the establishment of a coordinator of 
assistance to the region at the State Department, and a deputy 
coordinator at USAID.
  The Act defines eligibility requirements for U.S. foreign assistance 
for central governments in the region based on their respective 
commitments to, among other things, the advancement of freedom and 
justice and efforts to crack down on international terrorism. It 
requires the State Department to judge central governments of countries 
in the region not by what they say, but rather by the concrete actions 
they undertake to further democracy, security and stability in the 
region.
  The Act requires a number of annual reports, including a description 
of democracy building activities conducted by the United States, the 
European Union, the United Nations and other countries and 
institutions, and a listing on a country-by-country basis of known 
political prisoners.
  Taking a cue from President Bush's January 12, 2004 proclamation 
denying current and former corrupt public officials entry into the 
United States, the Act provides authority for the Secretary of Homeland 
Security to deny visas to those officials in the region whose actions 
have had an adverse impact on the advancement of democracy, human 
rights, the rule of law and economic freedom in the region.
  The Act is necessary to ensure that appropriate and continuous 
attention is paid by the U.S. Congress and the Administration to the 
march of political and economic freedom across Asia. Much ground has 
been gained over the past year, particularly with successful 
presidential and parliamentary elections in Indonesia, but more must be 
done, whether in Burma, Cambodia or Thailand.
  In short, the Asia Freedom Act guarantees America's focus, foreign 
policy and foreign assistance are targeted toward an increasingly 
important region of the world.
  Mr President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3016

       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 ``Asia Freedom Act of 2004''.

     SEC. 2. STATEMENT OF POLICY.

       Liberty is a universal and inalienable right, and, in light 
     of the progress of the people of North and South East Asia in 
     achieving political, economic, and legal reforms, the 
     advancement of democracy, human rights, the rule of law, and 
     economic freedom in North and South East Asia is and will 
     remain a central objective of United States foreign policy.

     SEC. 3. DEFINITION OF NORTH AND SOUTH EAST ASIA.

       In this Act, the term ``North and South East Asia'' means 
     Burma, Cambodia, the Democratic Republic of Timor-Leste, Hong 
     Kong, Indonesia, Laos, Macau, Malaysia, Mongolia, the 
     People's Republic of China, the Philippines, the Republic of 
     Korea, Singapore, Brunei, Papua New Guinea, the Socialist 
     Republic of Vietnam, Thailand, Taiwan, the Republic of the 
     Fiji Islands, the Independent State of Samoa, the Solomon 
     Islands, the Kingdom of Tonga, Tuvalu, the Republic of Nauru, 
     the Republic of the Marshall Islands, the Federated States of 
     Micronesia, the Republic of Vanuatu, and Tibet.

     SEC. 4. PURPOSE.

       The purpose of this Act is to promote regional peace and 
     stability in North and South East Asia and enhance the 
     security of the United States by--
       (1) fostering improved living conditions for, and the 
     economic well-being of, the people of North and South East 
     Asia;
       (2) supporting freedom, human rights, and justice in North 
     and South East Asia;
       (3) countering international terrorism and regional 
     narcotics trafficking in North and South East Asia; and
       (4) expanding free markets in North and South East Asia.

     SEC. 5. ASSISTANCE FOR NORTH AND SOUTH EAST ASIA.

       The President is authorized to provide assistance to North 
     and South East Asia for the following purposes:
       (1) Humanitarian needs.--Meeting humanitarian needs arising 
     from manmade or natural disasters and crises.
       (2) Democracy, human rights, and the rule of law.--
     Establishing and facilitating democratic and free societies, 
     including by--
       (A) fostering political, social, and economic pluralism;
       (B) fostering respect for internationally recognized human 
     rights and the rule of law, including the rights of people 
     with disabilities;
       (C) encouraging the development of institutions of 
     democratic governance, including electoral, legislative, and 
     judicial processes;
       (D) fostering the institution and improvement of public 
     administration at the national, intergovernmental, regional, 
     and local levels;
       (E) assisting in the development of, and providing ongoing 
     support to, grassroots and nongovernmental organizations that 
     promote democracy, the rule of law, human rights, and 
     accountability and transparency in the political process;
       (F) encouraging international exchanges, other forms of 
     public diplomacy, and the use of the Internet to promote 
     greater understanding and appreciation of democracy, the rule 
     of law, human rights, the public policy process, market 
     institutions, and the role of an independent judiciary in 
     democratic societies;
       (G) supporting political parties and coalitions that are 
     committed to promoting democracy, human rights, the rule of 
     law, and economic reforms;
       (H) fostering the growth of civic organizations that are 
     committed to promoting and defending human rights;
       (I) promoting respect for human rights and civil liberties 
     in military and security forces;
       (J) promoting the development of effective control by 
     elected civilian officials over, and the development of, a 
     nonpolitical officer corps in military and security forces;
       (K) fostering strengthened administration of justice 
     through programs and activities carried out by 
     nongovernmental organizations, civic organizations, and 
     political parties; and
       (L) supporting the development and promulgation of laws and 
     regulations that increase accountability and transparency in 
     governance, including asset disclosure for senior public 
     officials and candidates for political office.
       (3) Free and independent media.--Developing free and 
     independent media, including--
       (A) supporting all forms of independent media reporting, 
     including print, radio, and television;
       (B) providing special support for, and public access to, 
     nongovernmental Internet-based sources of information, 
     dissemination, and reporting, including the provision of 
     technical and other support for web-based radio services and 
     the provision of computers and other necessary resources and 
     training related to the Internet;
       (C) providing training in journalism, including 
     investigative journalism techniques that educate the public 
     on the costs of corruption; and
       (D) establishing exchange programs for journalists, 
     including journalists affiliated with democratic political 
     parties.
       (4) Free market systems.--Creating and supporting private 
     enterprise and free market systems based on the principles of 
     private ownership of property, including through support 
     for--
       (A) the development of private cooperatives, credit unions, 
     labor unions, and microfinance lending institutions;
       (B) the improvement of the collection and analysis of 
     statistical information;
       (C) the reform and restructuring of banking and financial 
     systems;
       (D) the protection of intellectual property rights;
       (E) the development of protocols and safeguards against 
     money laundering and other illicit financial activities, 
     including those relating to regional terrorism and the 
     production and trafficking of narcotics; and
       (F) the promotion of trade and investment.
       (5) Security.--Developing professional military and police 
     forces capable of countering terrorism, narcotics, and other 
     illicit activities, and ensuring civilian control and 
     oversight of military and police forces.
       (6) Social programs.--Investing in education, health, and 
     other social programs, including for disenfranchised 
     communities.
       (7) Environment.--Promoting the sustainable use of natural 
     resources and protecting the environment in both urban and 
     rural areas.

[[Page S11645]]

       (8) Political opposition.--Safeguarding and supporting 
     democratic and viable political opposition.
       (9) Parliamentary exchanges.--Promoting exchanges between 
     democratic legislators and reformers in North and South East 
     Asia and members of Congress.
       (10) Migration.--Protecting and caring for refugees, 
     displaced persons, and other migrants, addressing the root 
     causes of migration, and promoting the development of 
     appropriate immigration and emigration laws and procedures.

     SEC. 6. COORDINATION OF ASSISTANCE.

       (a) Coordinator of Assistance.--
       (1) Establishment of position.--Congress strongly urges the 
     President to designate, within the Department of State, a 
     coordinator of assistance, and within the United States 
     Agency for International Development, a deputy coordinator of 
     assistance, to be responsible for--
       (A) designing an overall strategy to advance the mutual 
     interests of the United States and North and South East Asia;
       (B) ensuring program and policy coordination among agencies 
     of the United States government in carrying out assistance 
     activities under this Act;
       (C) pursuing coordination with other countries and 
     international organizations with respect to assistance to 
     North and South East Asia; and
       (D) ensuring that United States assistance programs for 
     North and South East Asia are established and carried out in 
     a manner consistent with this Act.
       (2) Rank and status.--An individual designated as 
     coordinator of assistance under paragraph (1) shall have the 
     rank and status of ambassador.
       (b) Coordination of Activities.--The coordinator of 
     assistance under subsection (a) shall carry out activities 
     described in that subsection in coordination and consultation 
     with officials as follows:
       (1) Export promotion activities.--In the case of activities 
     relating to the promotion of exports of United States goods 
     and services to North and South East Asia, the Secretary of 
     Commerce who, in the role of Chair of the Trade Promotion 
     Coordination Committee, shall retain primary responsibility 
     for the coordination of such activities.
       (2) International economic activities.--In the case of 
     activities relating to United States participation in 
     international financial institutions, and to organization of 
     multilateral efforts aimed at currency stabilization, 
     currency convertibility, debt reduction, and comprehensive 
     economic reform programs, with respect to North and South 
     East Asia, the Secretary of the Treasury who, in the role of 
     Chair of the National Advisory Council on International 
     Monetary and Financial Policies and as the United States 
     governor of international financial institutions, shall 
     retain primary responsibility for the coordination of such 
     activities.
       (3) Millennium challenge corporation.--In the case of 
     activities relating to the provision of United States 
     assistance for North and South East Asia through the 
     Millennium Challenge Corporation, the Secretary of State who, 
     in the role of Chair of the Millennium Challenge Corporation, 
     shall retain primary responsibility for the coordination of 
     such activities.
       (4) Hiv/aids.--In the case of activities relating to the 
     provision of United States assistance for HIV/AIDS prevention 
     and related activities for North and South East Asia, the 
     Coordinator for United States Government Activities to Combat 
     HIV/AIDS Globally who shall retain primary responsibility for 
     the coordination of such activities.
       (5) Tibet.--In the case of activities relating to Tibet, 
     the Special Coordinator for Tibetan Issues.

     SEC. 7. ELIGIBILITY FOR ASSISTANCE.

       (a) In General.--In carrying out the responsibilities 
     described in section 6, including the providing of 
     assistance, the coordinator of assistance designated under 
     that section shall take into account the extent to which the 
     central governments in North and South East Asia are--
       (1) making progress toward, and is committed to the 
     comprehensive implementation of, a democratic system of 
     government based on the rule of law, individual freedoms, and 
     representative government determined by free and fair 
     elections;
       (2) making progress toward, and is committed to the 
     comprehensive implementation of, economic reform based on 
     market principles, private ownership, and integration in the 
     global economy, including the implementation of the legal and 
     policy frameworks necessary for such reform (including 
     protection of intellectual property rights and respect for 
     contracts);
       (3) respecting internationally recognized human rights, 
     including the rights of minorities and the rights of freedom 
     of religion and of emigration;
       (4) denying support for acts of international terrorism and 
     cooperating with the United States to combat international 
     terrorism;
       (5) respecting international law and obligations, 
     refraining from the threat of use of force, and demonstrating 
     a commitment to settling disputes peacefully;
       (6) cooperating in seeking peaceful resolution of ethnic 
     and regional conflicts;
       (7) implementing responsible security policies, including--
       (A) reducing military forces and expenditures to a level 
     consistent with legitimate defense requirements;
       (B) working to eliminate the proliferation of nuclear, 
     biological, or chemical weapons, and related delivery systems 
     and technologies; and
       (C) restraining conventional arms transfers; and
       (8) taking constructive actions to protect the 
     international environment, prevent significant transnational 
     pollution, and promote the sustainable use of natural 
     resources.
       (b) Determination of Ineligibility.--
       (1) Restrictions.--Except as described under paragraph (2), 
     no funds authorized to be appropriated to carry out the 
     provisions of this Act may be made available for assistance 
     for any central government in North and South East Asia if 
     the Secretary of State determines that such government--
       (A) is engaged in a consistent pattern of violations of 
     internationally recognized human rights or international law;
       (B) has, on or after the date of the enactment of this Act, 
     knowingly provided financial or other support to terrorist 
     groups, terrorists, or narcotics traffickers; or
       (C) has, on or after the date of the enactment of this Act, 
     transferred any material, equipment, or technology that the 
     government knew or had reason to know would be used by any 
     country or international terrorist group to manufacture any 
     weapon of mass destruction, including nuclear, chemical, or 
     biological weapons.
       (2) Exception.--The restrictions described under paragraph 
     (1) do not apply to funds made available for the promotion of 
     democracy, human rights, and exchanges.
       (c) Other Restrictions.--None of the funds authorized to be 
     appropriated by this Act may be made available for assistance 
     for any central government in North and South East Asia that 
     is otherwise prohibited from receiving such assistance.
       (d) Suspension or Termination of Assistance for National 
     Security Reasons.--The Secretary of State may suspend or 
     terminate assistance under this Act in whole or in part to a 
     country or entity in North and South East Asia if the 
     Secretary determines that the country or entity is engaged in 
     activities that are contrary to the national security 
     interests of the United States.

     SEC. 8. SECURITY ASSISTANCE.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of section 23 of the 
     Arms Export Control Act (22 U.S.C. 2763) and section 541 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2347) to 
     enhance security in Asia, including in Cambodia, Brunei, the 
     Democratic Republic of Timor-Leste, Indonesia, Malaysia, 
     Mongolia, the Philippines, Singapore, Thailand, and Taiwan.

     SEC. 9. INSTITUTE FOR REFORM IN ASIA.

       Notwithstanding any other provision of law, there are 
     authorized to be appropriated such sums as may be necessary 
     for assistance for an institute for reform in Asia, which 
     shall be located in Hong Kong, for the purpose of advancing 
     democracy, human rights, and the rule of law in North and 
     South East Asia in cooperation with an indigenous 
     organization in that region that is committed to the 
     principles of freedom and justice.

     SEC. 10. ADDITIONAL AUTHORITIES AND LIMITATIONS.

       (a) Law Enforcement.--Notwithstanding section 660 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2420), and except 
     as otherwise provided for in this Act, assistance for law 
     enforcement forces under this Act may be provided for police, 
     counterterrorism, and other law enforcement forces in North 
     and South East Asia.
       (b) Promotion of Competitive Elections.--
       (1) In general.--Assistance may be provided under this Act 
     to foreign political parties or organizations for the purpose 
     of increasing competition in elections in countries in North 
     and South East Asia where a nondemocratic, ruling political 
     party controls or exercises significant influence over 
     national or local electoral bodies, print and electronic 
     media, the judiciary, or national and local security forces, 
     including the police and military, to the detriment of a 
     democratic opposition.
       (2) Limits on assistance.--None of the funds provided to a 
     foreign political party or organization pursuant to paragraph 
     (1) may be used as--
       (A) a cash grant;
       (B) payment for salaries, fees, or honoraria to any 
     candidate, political party leader, or campaign official 
     during the campaign period; or
       (C) payment to individuals for the purpose of influencing 
     votes.
       (c) Political Transitions.--The Secretary of State shall 
     make available additional assistance under this Act for 
     countries and entities in North and South East Asia that 
     successfully complete the transition from an authoritarian 
     regime or government to a democratic government.
       (d) Taiwan and the Republic of Korea.--Amounts made 
     available under this Act for assistance for Taiwan and the 
     Republic of Korea for the purposes of furthering political 
     and legal reforms shall only be made available to the extent 
     that such amounts are matched by funds from sources other 
     than the United States Government.

     SEC. 11. ACCOUNTABILITY FOR FUNDS.

       Any agency managing and implementing an assistance program 
     for North and South

[[Page S11646]]

     East Asia under this Act shall maintain an accounting of any 
     funds made available to it for such program.

     SEC. 12. ANNUAL REPORTS.

       (a) Summary of Activities.--Not later than January 31, 
     2005, and annually thereafter, the coordinator of assistance 
     designated under section 6 shall submit to the appropriate 
     congressional committees a report containing--
       (1) a list of activities undertaken by the Department of 
     State, the United States Agency for International 
     Development, and the Department of the Treasury to advance 
     democracy, human rights, the rule of law, and economic 
     freedom in North and South East Asia;
       (2) a description of assistance provided by international 
     financial institutions and countries, including the European 
     Union, the United Nations, Japan, Australia, and New Zealand, 
     to advance democracy, human rights, and the rule of law in 
     North and South East Asia;
       (3) an analysis, on a country-by-country basis, of 
     obstacles to the advancement of democracy, human rights, the 
     rule of law, and economic growth and freedom in North and 
     South East Asia, including barriers to increased popular 
     participation in political and economic decisionmaking; and
       (4) an analysis of actions undertaken by the Government of 
     the People's Republic of China, including the People's 
     Liberation Army, to exert its political and economic 
     influence throughout the region.
       (b) Political Prisoners.--Not later than January 31, 2005, 
     and annually thereafter, the Assistant Secretary of State for 
     Democracy, Human Rights, and Labor shall submit to the 
     appropriate congressional committees a report setting forth 
     the names and locations of known political prisoners, on a 
     country-by-country basis, in North and South East Asia.
       (c) Child Soldiers.--Not later than January 31, 2005, and 
     annually thereafter, the coordinator of assistance shall 
     submit to the appropriate congressional committees a report--
       (1) describing the use of child soldiers in North and South 
     East Asia; and
       (2) detailing the efforts of the United States Government 
     to raise and debate in the United Nations Security Council 
     the issue of the use of child soldiers.

     SEC. 13. DENIAL OF VISAS.

       (a) In General.--The Secretary of Homeland Security may 
     deny visas and entry to the following individuals:
       (1) Any public official or former public official, 
     including any military or police official, who has been 
     credibly alleged to have solicited or accepted any article of 
     monetary value or other benefit in exchange for any act or 
     omission in their performance of their public functions, 
     which has had a serious adverse effect on the advancement of 
     democracy, human rights, the rule of law, and economic 
     freedom in North and South East Asia.
       (2) Any person whose provision of, or offer to provide, an 
     article of monetary value or other benefit to any public 
     official, including military and police officials, in 
     exchange for any act or omission in the performance of such 
     official's public functions has had a serious adverse effect 
     on democracy, human rights, the rule of law, and economic 
     freedom in North and South East Asia.
       (3) Any public official, former public official, or other 
     person who has been credibly alleged to have misappropriated 
     funds or interfered with the judicial, electoral, or other 
     public processes, which has had a serious adverse effect on 
     the advancement of democracy, human rights, the rule of law, 
     and economic freedom in North and South East Asia.
       (4) Any spouse, child, or dependent household member of a 
     person described in paragraph (1), (2), or (3) of this 
     subsection who is the direct beneficiary of any article of 
     monetary value or other benefit obtained by such person.
       (b) Database.--The Secretary of State shall maintain and 
     regularly update a database of individuals who may be denied 
     visas under subsection (a).

     SEC. 14. SENSE OF CONGRESS ON DEMOCRACY FUNDS.

       It is the sense of Congress that any democracy fund 
     established by the United Nations in response to the 
     September 21, 2004, speech by President George W. Bush to the 
     United Nations General Assembly should be known as the ``Daw 
     Aung San Suu Kyi Democracy Fund''.

     SEC. 15. ASSISTANCE AUTHORITIES.

       There are authorized to be appropriated for fiscal year 
     2005 such sums as may be necessary to carry out the purposes 
     of this Act.

     SEC. 16. OTHER DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committees 
     on Foreign Relations and Appropriations of the Senate and the 
     Committees on International Relations and Appropriations of 
     the House of Representatives.
       (2) Child soldier.--The term ``child soldier'' means a 
     person below the age of 18 years (unless, under the law 
     applicable to the person, majority is attained earlier) that 
     is part of an armed group affiliated with, or the armed 
     forces of, a national government.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 3018. A bill to direct the Inspector General of the Department of 
Justice to submit semi-annual reports regarding settlements relating to 
false claims and fraud against the Federal Government; to the Committee 
on the Judiciary.
  Mr. GRASSLEY. Mr. President, today I am introducing a bill directing 
the Inspector General of the Department of Justice to submit semi-
annual reports regarding settlements relating to false claims and fraud 
against the United States.
  The False Claims Act, 31 U.S.C. 3729 et seq., is the Government's 
single most effective program for recouping money improperly obtained 
from the United States by false claims and fraud. Initially passed 
during the Civil War at President Abraham Lincoln's request to suppress 
fraud against the Union Army, the FCA was modernized and updated in 
1986. Since President Ronald Reagan signed the 1986 amendments into 
law, settlements and judgments in FCA cases have exceeded $13 billion. 
No other antifraud program of the federal government can match this 
result.
  Despite the significance of these results, the Congress does not have 
a way to evaluate the performance of the FCA program. While the 
program, which is overseen by the Civil Division of the Department of 
Justice, appears to be doing well, it is not known at this time how the 
program is performing as compared to its potential. What percentage of 
the various frauds perpetrated against the United States is recouped in 
False Claims Act cases? How effectively does DoJ capture the multiple 
damages and penalties provided for by the act? How quickly does DoJ 
move FCA cases? How effectively does DoJ use the tools provided to it 
by the FCA, such as civil investigative demands? How effectively does 
DoJ use relators and how well does it reward them?
  The purpose of this bill is to require the submission of the 
information that will allow Congress to evaluate of DoJ's performance 
in managing FCA cases. Thus, under this bill the Department of Justice 
will be required to describe its settlements of FCA cases. The report 
to Congress shall include a description of the estimated damages 
suffered by the United States, the amount recouped, the multiplier used 
to calculate the settlement amount, the criminal fines collected and 
whether the defendants were held liable in previous cases. The report 
will also inform Congress as to whether the defendants have been 
required to enter into corporate integrity agreements.
  In addition, in order to understand how the program is working, the 
Department of Justice will be required to inform Congress as to whether 
civil investigative demands were issued. The Department will also be 
required to provide certain information about the conduct of qui tam 
cases initiated by whistleblowers. For example, Congress will receive 
information about the length of time cases are under seal, whether 
whistleblowers (technically termed ``relators'') sought a fairness 
hearing regarding a settlement and what share of the settlement they 
received. The Congress would also receive information about whether the 
agency that suffered from the fraud involved participated in the 
settlement.
  In regard to cases involving Medicaid Fraud, the report will provide 
Congress with the details of how much money was returned to each state 
participating in the settlement. In a time when many States are 
struggling with their Medicaid budgets, the Congress needs to know how 
effectively DoJ is in suppressing Medicaid fraud and returning money to 
the States.
                                 ______
                                 
      By Mr. DODD:
  S. 3020. A bill to establish protections against compelled disclosure 
of sources, and news or information, by persons providing services for 
the news media; to the Committee on the Judiciary.
  Mr. DODD. Mr. President, I am going to send a copy of this bill to 
the desk to be printed in the Record. It is not going to be referred to 
any committees in the waning minutes of this 108th Congress, but I will 
submit it for the Record. My plans are to reintroduce this legislation 
in January when we reconvene for the 109th Congress.
  I thought it might be helpful to have this legislation in the Record 
for my colleagues to review. It is called the Free Speech Protection 
Act of 2004.

[[Page S11647]]

  This bill is designed to ensure that the free speech guarantees 
enshrined in the First to the Constitution will be strong and effective 
for many generations to come. After all, it is the free flow of news 
and information to the public on a wide variety of concerns which makes 
our democracy vibrant and alive.
  Indeed, the very design of our democratic institutions is premised in 
large part upon an informed citizenry that could exercise informed 
judgments.
  As James Madison once observed:

       Knowledge will forever govern ignorance: And apeople who 
     mean to be their own Governor, must arm themselves with the 
     power that knowledge gives.

  Madison and the other Founders of our great Republic understood full 
well that the best guarantee of a knowledgeable citizenry is a free 
press and a public free to speak to the press. The press must be free 
to report on the human condition, the conduct of public officials, 
matters of business and corporate governance, as well as the strengths 
and weaknesses of our society and its institutions.
  A free press must also be able to access a broad spectrum of views 
from a wide variety of sources. Once individuals deliberate over such 
information, they are able to make more educated decisions. In 
addition, they can also more effectively and intelligently participate 
in matters of public concern. To quote Madison once again:

       Popular government without popular information or the means 
     of acquiring it is but a prologue to a farce, or a tragedy, 
     or perhaps both.

  In fact, one of the hallmarks of a totalitarian government is that 
the state controls the press and similar sources of public information. 
Such regimes are characterized by extreme levels of secrecy and a total 
lack of transparency. The free flow of information to the public is 
greatly restricted. Criticism of the government could result in 
imprisonment or even death.
  In recent memory, such regimes existed in Nazi Germany, the Soviet 
Union, and Saddam Hussein's Iraq, where the press was often used as a 
tool for propaganda. Unfortunately, there are still a number of 
governments around the globe today that greatly restrict the flow of 
news and information to their citizens.
  The United States, in its formative years, never chose that path. The 
Founding Fathers of this great Nation of ours knew the value of a free 
press because they had often been denied it by their colonial rulers. 
Repressive measures had long been part of English history in this 
regard, such as the censorship of published materials and a licensing 
system whereby nothing could get published without the government's 
consent.
  Our Founding Fathers recognized then that for a society to remain 
free, it must also allow for divergent views and opinions to be 
expressed, and for ideas to be openly exchanged. In many respects, the 
rights of free speech and a free press protect the government from 
trampling on the other political and personal liberties all Americans 
hold so dear.
  Freedom of speech and freedom of the press are like the government 
watchdog that shines a spotlight when other rights are being 
threatened. Without this, the press becomes an extension of the 
government and the people know only what the government wants them to 
know. As Jefferson once commented:

       When the press is free and everyone is able to read, all is 
     safe.

  Congress cannot afford to stand idly by and allow our sacred First 
Amendment freedoms to be threatened. Let me be clear. The legislation I 
submitted to the desk, the Free Speech Protection Act of 2004, is not 
merely about protecting the press. Instead, this legislation is about 
consumer protection. It is about openness, debate, the free flow of 
information and deliberation--the very ideals that the Senate holds so 
dear.
  It is also about ensuring that our constituents, the American 
citizenry, have access to the knowledge and information they need to 
make educated decisions and fully participate in our democracy.
  Yet these freedoms which we hold so dear are not as safe as they have 
been in other times in the life of our Nation. They have come under 
attack by the heavy hand of Government in a manner not seen since the 
height of the Watergate scandal 30 years ago.
  The press today is frequently being subpoenaed to appear in Federal 
court and threatened with fines and/or imprisonment if they refuse to 
reveal a confidential source to the prosecutor or attorneys involved in 
the lawsuit. In some instances, the prosecutor or attorneys might also 
request the reporter's notes, video outtakes, or other unpublished 
information.
  In recent months, the press has come under intense pressure to reveal 
the identity of their confidential sources, threatening the public's 
right to know.
  In Providence, RI, WJAR-TV reporter Jim Taricani aired an FBI 
surveillance tape in 2001 that showed an aide to Mayor Vincent 
``Buddy'' Cianci accepting a bribe from a local businessman. Taricani 
broke no law in airing the tape, but a special prosecutor was 
subsequently brought in to investigate who leaked the information. He 
refused to identify the source and was convicted of criminal contempt 
yesterday in Federal court. Taricani now faces 6 months in prison when 
he is sentenced in December.
  Perhaps the most alarming instance in recent months of the growing 
threat to the sacred right to freedom of speech in America is the case 
of Judith Miller of the New York Times. Last month, a Federal judge 
held Miller in contempt of court for refusing to name her sources to 
prosecutors investigating the disclosure to syndicated columnist Robert 
Novak and to other journalists of Valerie Plame's identity as a covert 
CIA agent. Plame's husband, former Ambassador Joseph Wilson, IV, had in 
a New York Times editorial criticized the Bush administration for 
claiming that Iraq had tried to buy uranium from Niger.
  Unidentified senior administration officials revealed Plame's 
identity to Robert Novak and other Washington area journalists, 
allegedly as an act of revenge for Wilson speaking out against 
President Bush's rationale for invading Iraq.
  Mr. Novak then published Plame's identity in a July 2003 column, 
which prompted an investigation by the Justice Department and the 
subpoenaing of several journalists before a Federal grand jury, 
including Judith Miller, Tim Russert of NBC's ``Meet the Press,'' 
Walter Pincus and Glen Kessler of the Washington Post, and Time 
magazine reporter Matthew Cooper.
  Some of these reporters have talked to the prosecutors after the 
alleged Government sources signed waivers releasing the journalists 
from any pledge of confidentiality. New York Times reporter Judith 
Miller, however, has refused to testify, even under the limited terms 
of the waiver. As a result, she is being held in contempt of court and 
could face up to 18 months in jail unless she agrees to testify.
  What is so surprising about this case is that Judith Miller never 
even published an article in the New York Times, or any other newspaper 
or magazine for that matter, about Valerie Plame. The mere fact that 
Miller contemplated writing such an article and had conducted 
interviews for it was enough for the judge to hold her in contempt of 
court for refusing to name sources.
  Currently, 31 States and the District of Columbia have enacted 
protections for gatherers and disseminators of news and information. 
They include red States, blue States, Alabama, North Carolina, and 
Montana, for example.
  Why then is there a need for a Federal statute in this area? A strong 
and uniformed Federal law on shielding would provide uniformity and 
consistency to the patchwork of inconsistent court decisions and State 
statutes currently in place.
  In many instances, whether the disclosure will be compelled and how 
much information will be disclosed depends upon the particular State in 
which the journalist is pursuing a story when he or she is subpoenaed. 
The different potential outcomes affect reporters' practices, the flow 
of information, the articles written or not written, in various news 
media. It ultimately impacts the public's ability to learn about 
matters of interest and importance as well.
  The protections that these laws and court rulings provide vary widely 
in detail and in scope. For example, some States grant nearly complete 
protection for sources and information, while

[[Page S11648]]

others provide little or none. In addition, the protections may differ 
in their applicability to criminal and/or civil proceedings.
  In the Federal court system, for instance, most have interpreted 
Branzburg, a 1972 United States Supreme Court decision, to provide at 
least qualified news gathering protection--that is, a protection that 
can be overcome in certain circumstances. A few Federal courts, 
however, such as the Seventh Circuit, have rejected such protection, or 
have limited it only to when the subpoenas are being used to harass the 
press.
  For those reasons, I think it is quite clear that a national standard 
would protect gatherers and disseminators of information from the 
varying State statutes and their interpretations by State courts. This 
goal is exactly what the Free Speech Protection Act of 2004 would 
achieve.
  Under the legislation, the protection against compelled disclosure 
for sources would be absolute. The protection against compelled 
disclosure of news and information, however, is qualified. That is, an 
individual involved in gathering news would be required to reveal their 
unpublished material only under certain circumstances. The legislation 
requires three criteria to be met before such news or information can 
be disclosed.
  First, the person seeking the news or information must prove by clear 
and convincing evidence that the news or information is critical or 
necessary to significant legal issues before a judicial, legislative, 
or administrative body that has the power to issue a subpoena.
  Secondly, the news or information could not be obtained by 
alternative means. Finally, there is an overriding public interest in 
the disclosure that must exist.
  The legislation I am introducing this evening is a work in progress. 
Obviously, in the coming weeks I intend to further refine it, and in 
the 109th Congress to seek out my colleagues' advice and counsel on how 
we might proceed. I am nevertheless introducing this bill in the 
closing hours of this Congress because I believe the Senate discussion 
of this matter is urgent. The public's right to know is under attack. 
When that happens, all Americans suffer since they are deprived of 
knowledge and information which affects their lives.
  There are countless examples of information that we have received 
because there have been confidential sources who have come forward. 
Certainly, we can go back to Watergate, Whitewater, or Iran-Contra, Abu 
Ghirab--the prison scandal in Iraq--Enron, WorldCom, corporate 
governance issues, the list is almost endless. Had it not been for 
confidential sources coming forward and sharing information with a free 
press that would then share that with the public, if we had to rely 
exclusively on government press releases or press conferences, then we 
might never have learned anything about some of these issues which have 
been so vitally important to make our Government and our Nation 
stronger.
  I urge my colleagues to take a look at this proposal and urge them to 
consider it when we return in January. I will reintroduce it again and 
urge them to support it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                S. 3020

       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 ``Free Speech Protection Act 
     of 2004''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Covered person.--The term ``covered person'' means a 
     person who--
       (A) engages in the gathering of news or information; and
       (B) has the intent, at the beginning of the process of 
     gathering news or information, to disseminate the news or 
     information to the public.
       (2) News or information.--The term ``news or information'' 
     means written, oral, pictorial, photographic, or 
     electronically recorded information or communication 
     concerning local, national, or worldwide events, or other 
     matters.
       (3) News media.--The term ``the news media'' means--
       (A) a newspaper;
       (B) a magazine;
       (C) a journal or other periodical;
       (D) radio;
       (E) television;
       (F) any means of disseminating news or information gathered 
     by press associations, news agencies, or wire services 
     (including dissemination to the news media described in 
     subparagraphs (A) through (E)); or
       (G) any printed, photographic, mechanical, or electronic 
     means of disseminating news or information to the public.

     SEC. 3. COMPELLED DISCLOSURE PROHIBITED.

       (a) In General.--Except as provided in section 4, no entity 
     of the judicial, legislative, or executive branch of the 
     Federal Government with the power to issue a subpoena or 
     provide other compulsory process shall compel any covered 
     person who is providing or has provided services for the news 
     media to disclose--
       (1) the source of any news or information procured by the 
     person, or any information that would tend to identify the 
     source, while providing services for the news media, whether 
     or not the source has been promised confidentiality; or
       (2) any news or information procured by the person, while 
     providing services for the news media, that is not itself 
     communicated in the news media, including any--
       (A) notes;
       (B) outtakes;
       (C) photographs or photographic negatives;
       (D) video or sound tapes;
       (E) film; or
       (F) other data, irrespective of its nature, that is not 
     itself communicated in the news media.
       (b) Supervisors, Employers, and Persons Assisting a Covered 
     Person.--The protection from compelled disclosure described 
     in subsection (a) shall apply to a supervisor, employer, or 
     any person assisting a person covered by subsection (a).
       (c) Result.--Any news or information obtained in violation 
     of the provisions of this section shall be inadmissible in 
     any action, proceeding, or hearing before any entity of the 
     judicial, legislative, or executive branch of the Federal 
     Government.

     SEC. 4. COMPELLED DISCLOSURE PERMITTED.

       (a) News or Information.--A court may compel disclosure of 
     news or information described in section 3(a)(2) and 
     protected from disclosure under section 3 if the court finds, 
     after providing notice and an opportunity to be heard to the 
     person or entity from whom the news or information is sought, 
     that the party seeking the news or information established by 
     clear and convincing evidence that--
       (1) the news or information is critical and necessary to 
     the resolution of a significant legal issue before an entity 
     of the judicial, legislative, or executive branch of the 
     Federal Government that has the power to issue a subpoena;
       (2) the news or information could not be obtained by any 
     alternative means; and
       (3) there is an overriding public interest in the 
     disclosure.
       (b) Source.--A court may not compel disclosure of the 
     source of any news or information described in section 
     3(a)(1) and protected from disclosure under section 3.

     SEC. 5. ACTIVITIES NOT CONSTITUTING A WAIVER.

       The publication by the news media, or the dissemination by 
     a person while providing services for the news media, of a 
     source of news or information, or a portion of the news or 
     information, procured in the course of pursuing professional 
     activities shall not constitute a waiver of the protection 
     from compelled disclosure that is described in section 3.

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