[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.
____________________