INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
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April 22, 1986
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STAT
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April 2f, 1986 CONGRESSIONAL RECORD - SENATE
Represcntatvcs of Congresr, and the coil- ing the sixteenth amendment to the Corisii-
gr"sional delegation representing the State Lution: to the Committee on the Judiciary.
of Idaho in the Congress of the United POM-631. A joint resolution adopted by
POM-627. A joint resolution adopted by
the Legislature of the State of California: to
the Committee on Finance.
AssEra: Y JOINT RrsoLrTros Nn b5
"Whc-rear. Terhnoloi:ical leadership is one
of this nations most important resources.
anj
"Whereas. Governmental policies that en-
courage Ulf expansion of industrial re-
search and development in the United
States are appropriate and neceusar)': and
"Whrrcw.. Ti.. federal goterrunent en-
acted the research and development tax
ered:t to 1981 to stimulate the essential.] in-
ve%tment b) private Industry it, research
and det?elopmcnt. and
"Whereas. Foreign governments frequent-
h provide tax incentives. special allowances.
export subsidies. and government sponsor-
ship of ectllaborathc research efforts in key
technological fields. and
"Whereas. An analyse conducted by the
Congressional Research Service. dated Jan-
uar) 14:.5. slid a study conducted by the
Brool.ir.g? In::itution. dated February 1985,
confirm that thr research and development
federal Ineum? tax credit hw produced tar,-
pblr, looses. It, research and development
&,-tldin~ 17-1
"Whores: Research and do elopment
he lp!~din.' th:: nation's ecor,omy and is es-
si:.t,ul to th. Untied States remain:nF com-
9w is:ter In In!erTlatlona! marketplaces. and
"Wherry It a In the nations` Interest to
promote the re-search and development fed-
eral Incor-t# tax credit because It directly
bcncfits. the American consumer by reduc-
Inc the cost of good.c and creating jobs: and
"Whereas The existing research and de-
~c lopment federal income tax credit is due
to exp:rr In 19b` Now therefore. be it
Rrsnhrd bi Pic Assembly and Senate Of
(air Stet.' 0' Caltrornic. )otntl; That the
Lrcib iIll! u.1 of the Slate of Cal;fcrnia re-
spectfuW me?monalv.es the President and
Congress of the United States to enact legis-
lation to mat. permanent the research and
development federal income tax credit: and
b? It further
knotted That the Chief Clerk of the As-
semble transmit copies of this resolution to
the Presidcn: and Vice President of the
United States to the Speaker of the House'
of Represeritatt.es. and to east: Senator and
Representatiet from California in the Con-
gress of the United Stites "
POM-62c Joint resolutions adopted by
the LerLslaturl of the State of Idaho relat-
iuF it, operas ion of the Kern River Pipeline
Pro)rct and tee of certain Highway Funds,
te, the Corr n,ittet on Environment and
Yubii Work'
POM-62: A joint resolution odor ted by
the Legislature of the State of California
relative Lo research and development Feder-
al income tax credit. to the Committee on
Finance
POM4.B A resolution adopted by School
District No 143 of Cook Counts. Illinois op.
posutg certain provisions of the Tax Reform
Act, IH.R. U3$, to the Committee on Fi-
nance
P0111-6211 A resolution adopted by the
Texan doclety Sons of the American Revolu-
Llon. Inc favoring the imposition of tariffs
and duties on Imported oil and petroleum
products: to the Committee on Finance.
PON4130 A resolution adopted by the
OouaeU of the Borough of Ringwood, New
Jaeaef. tsvoiins the calling of a oonstitu-
tloelal coetvention for the purpose of amend-
the Legislature of the State of Indiana. to
the Committee on the Judiciary.
"ENROLLED HOUSE JOIN RESOLUTION No. 3
-'A Joint Resolution providing for the rati-
fication of the proposed amendment to the
Constitution of the United States relative to
the ccmpensation of Senators and Repre-'?,J By Mr. MOYNIHAN:
sent.Ltivet
"WhereLs, in the City of New York. both
I L-uses of the First Congress of the United
States of America, during the first session
of that Congress, which session began on
March 4. 1789. resolved that the following
Article, among others, be proposed to the
Legislatures of the several States as an
amendment to the Constitution of the
United States in the following words, to wit:
"The Conventions of a number of the
States, having at the time of their adopting
the Constitution, expressed a desire, in
order to prevent misconstruction or abuse of
its powers, that futher declaratory and re-
strictive clauses should be added: And as ex-
tending the ground of public confidence in
the Government. will best ensure the benef-
icent ends of its institution:
"Resolved by the Senator and Representa-
tives of the United States of America, in
Congress assembled. two thirds of both
Houses concurring, that the following Arti-
cles be proposed to the Legislatures of the
several States. as Amendments to the Con-
stitution of the United States, all or any of
which Articles. when ratified by three
fourths of the said Legislatures. to be valid
to all intents and purposes. as part of the
said Constitution: viz
"Articles in addition W, and Amendment
of the Constitution of the United States of
America, proposed by Congress. and ratified
by the Legislatures of the several States.
pursuant to the fifth Article of the original
Constitution.
"Article the second.. . No law, varying
the compensation for the services of the
Senators and Representatives, shall take
effect, until an election of Representatives
shall have intervened."
Be it resolved by the General Assembly of
the State of Indiana.'
"SEcrioN 1. That this proposed amend.
ment of the Constitution of the United
States of America is hereby ratified by the
General Assembly of the State of Indiana.
"SECTION 2. That certified copies of this
joint resolution be forwarded by the Gover-
nor of Indiana to the Administrator of Gen.
eral Services, as required by Section 106(b)
Title 1, United States Code, as well as to the
Secretary of State of the United States and
the President of the Senate and Speaker of
the House of Representatives of the Con-
gress of the United States, and to all other
federal officials as may be required by fed-
eral la a ."
REPORTS OF COMMITTEES
The following reports of committees
were submitted:
By Mr. DANFORTH, from the Committee
on Commerce, Science, and Transportation,
with an amendment in the nature of a sub-
stitute and an amendment to the title:
H.R. 739. An act relating to the documen-
tation of the vessel Marilyn to be employed
in the coastwise trade (Rept. No. 99-284).
INTRODUCTION OF BILLS AND
JOINT RESOLUTIONS
The following bills and Joint resolu-
tions were Introduced, read the first
54 C3
and second time by unanimilus 4pri-
sent, and referred as indi
t
d
ca
e
:
By Mr. BENTSEN:
S 2347. A bill to authorize the (ie of
Engineers to Issue permits under the Clean
Water Act and the River and Harbor Art for
construction of a water resource pro)f?ct in
the State of 'I'exw:: to the Committee all Ln-
vtronment and Public Works.
S. 2348. A bill to authorize the procure-
ment and Installation of cryptographic
equipment at satellite communications fa-
cilities within the, United States, and for
other purposes: to the Committee on Armed
Services.
By Mr. RIEGLE:
S. 2349. A bill to amend the Internal Re'e-
nue Code of 1954 to provide for the estab-
lishment of enterprise zones, and for other
purposes; to the Committee on Finance.
By Mr. ABDNOR (for himself. Mr.
ANDREWS, Mr. BAUCUS. Mr. Boscii-
wnz, Mr. DuRENBERGER. Mr. ZoRiN-
sxy, and Mrs. KASSEBAUM):
S. 2350. A bill to extend the period for
filing a claim for credit or refund of Federal
income taxes with respect to certain
changes made by the Consolidated Omnibus
Reconciliation Act of 1985 with respect I.
Insolvent farriers: to the Committee on F,
nancc.
By Mr. EVANS (for himself and Mr.
GORTON):
S. 2351. A bill to revise the boundaries of
Olympic National Park and Olympic Na-
tional Forest in the State of Washington.
and for other purposes: to the Committee
on Energy and Natural Resources.
By Mr. CHILES (for himself. Mr.
EVANS, Mr. WrisoN, Mr. BOREN, Mr.
MOYNIHAN, Mr. NumeN, Mr. GORTON.
Mr. HOLLINGS, and Mr. DECONCINr ) S. 2352. A bill to amend the internal Re-ce--
rue Code of 1954 to provide for the reim-
bursement to State and local law enforce-
ment agencies for costs incurred in investi-
gations which substantially contribute to
the recovery of Federal taxes; to the Com-
mittee on Finance.
By Mr. CHILES.
S. 2353. A bill to direct the Attorney Ge?;
era] to develop a model statute for Stat?os to
prohibit the establishment and use o` it-c-
base houses; to the Committee on the JLm-
ciary.
By Mr. MITCHELL (for himself l ,'r.
PROXMIRE, Mr. RumpiiR?T, Mr.
RUDMAN, Mr. DURExsERcita. A' r.
WARh-ER, Mr. TRIBLE. and lk:r.
KASTEN ):
S. 2354. A bill to amend the Nut ]ear
Waste Policy Act of 1982 to provide for the
disposal of high-level radioactive wart e- r rid
spent nuclear fuel in a single reposit.or~ . and
for other purposes: to the Committet on.
Energy and Natural Resources
By Mr. ROTH:
S. 2355. A bill to amend title 10. United
States Code, to require operational test irg
and evaluation before low-rate initial pro-
duction, and for other purposes; to the
Committee on Armed Services.
By Mr. ROCKEFELLER (for himself
and Mr. BYRD):
S. 2356. A bill to offset the competitive ad-
vantage which foreign coal producers hr -e
as a result of not having to meet environ-
mental, health, welfare, and safety requ;re-
ments of the kinds Imposed on U.S. coal p-o-
ducers, and or other purposes; to the Corn-
mittee on Finance.
By Mr. BUMPERS (for himself and
Mr. PaYoR):
S. 2357. A bill to direct the Secretary of
the Army to lease certain lands at Fort
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--April 42, 1986 CONGRESSIONAL RECORD - SENATE
ltac } Dam. Resenuir, and Pipeline Proyee t
of th( Colorado River Municipal Rater Di-
trict, Texas. nota ithstandirF the pendr-ncy
of any proposal by thr St'cret.ary of the In-
terior revardiny the listing of a threatened
specie, or the designation of critical habitat
of a proposed threatened species under the
provisions of the Endangered Species Act.
and notKithstandinr any listing of a threat
ened ape-ye promulgated after the date of
enactment of this section.
(b) Th' Secretary of the Army shall ac: to
Lssuc the permit for the Stacy Darn. Reher-
voir, and Pipeline Project, Texas. not later
than November 30, 1986.?
By Mr. MOYNIHAN:
S. 2348. A bill to authorize the pro-
curement and installation of crypto-
graphic equipment at satellite commu-
nications facilities within the United
States. and for other purposes: to the
Committee on Armed Services.
SATELLrra COMMCNICATIOi S SECPR.ITY
Mr. MOYNIHAN. Mr. President, the
Soviet intelligence collection facility at
Lourdes, Cuba enables the Soviets to
monitor sensitive U.S. maritime, mili-
tary, and space communications, as
well as telephone conversations in the
United States. So says a joint State
and Defense Department publication,
"The Soviet-Cuban Connection." The
publication does not indicate how ef-
fective the facility is-our intelligence
agencies can tell you a bit about that-
but we do know that the facility is the
largest of its kind in the world, and
the most sophisticated Soviet listening
facility outside of its national terri-
tory. Moreover, this facility continues
to grow in size and capability-by 60
percent during the past decade. Today.
approximately 2.100 Soviet techni.
clans man the antennae and dishes
which are spread over 29 square miles.
That the satellite ground station at
Lourdes allows instant communica-
tions with Moscow tells us a bit about
the value of the information the Sovi-
ets art, intercepting.
In 1977, and twice since. I have in-
troduced legislation, the Foreign Sur-
veiliance Prevention Act, to curtail
Soviet eavesdropping from their diplo-
matic establishments in Washington.
San Francisco, and Nev York. Nelson
Rockefeller reported this intelligence
breach to the President in 1975, and
Arkady Shevchenko, the highest rank-
ing Soviet diplomat ever to defect to
the West, detailed it in 1978. This leg-
islation would deal with this eresdrop-
ping simply and firmly. If a Soviet dip-
lomat were suspected of eavesdrop-
Ping. we would declare that individual
persona non grata and expel him from
the country. And mind you, the FBI
estimates that 30-40 percent of the
Soviet diplomatic personnel are en-
gaged in espionage. The facility at
Lourdes, however, is outside our terri-
torial and legal jurisdiction. It must be
neutralized by other-technical-
means.
Mr. President, today I introduce leg-
islation to put the multibillion-dollar
facility at Lourdes out of business, as
well as limit the damage from Soviet
trawlers and other AGI's iauxillary
gathering intelligence). This legisla-
tion will also provide for the protec-
tion of Government communications
from intercept by foreign governments
and other unauthorized parties, and
protect the privacy of Americans-you,
me. our children.
I recall a comment Walter Deeley.
formerly Deputy Director of Commu-
nications Security at the NSA, made
to David Burnham of the New York
Times. "They are having us for break-
fast," he said "We are hemorrhaging.
Your progeny may not enjoy the same
rights we do today if we don't do some-
thing." Well, Mr. President, today I
propose to take some of our communi-
cations off the breakfast table.
As you know, when you place a tele-
phone call from point A to point B,
there are three communications
paths-or circuits-on which your call
might travel: microwave, cable, and
satellite. The telephone company will
route your call to a switching station
where computers will select the first
available means of establishing,a cir-
cuit. If it is a local call, the path will
probably be made over cable. If your
call is long distance, chances are It will
be transmitted as a radio wave from a
switching station and relayed via
microwave or satellite. These radio
waves follow prescribed routes
through the sky. They are available
for interception, just as a private di--h
satellite in the backyard can pull in
cable television signals-and telephone
signals. And yes. the Soviets have the
range at Lourdes to grasp our satellite
transmissioms as they travel from New
York to Los Angeles, or Washington to
Omaha.
This legislation will provide for the
procurement and installation of cryp-
tographic hardware at satellite corn-
munications facilities within the
United States. This hardware will en-
crypt telephonic signals before they
are transmitted as radio waves from
ground station to satellite to ground
station, a technique analogous to the
cable networks scrambling their sig-
nals. This would protect the domestic
satellite transmissions of both the
Federal Government and private citi-
zens. Commercial interests utilizing
direct satellite communications which
are not switched through the common
carrier system would not be covered
under the provisions of this legisla-
tion. But. I might add, secure, dedicat-
ed satellite communication is already
offered by some common carriers for
commercial use.
This legislation Will authorize $943
million in funding for the Department
of Defense for use by the National Se-
curity Agency. A relative bargain, but
still not cheap in this year of Gramm-
Rudman-Hollings. But I voted against
that legislation, and I am not ashamed
to stand up today and discuss funding
to meet a vital national security need.
In fact, I think it my duty. And, It
Would cost us a lot more not to do it.
Mr. President, we have an opportu-
nity to stop Soviet eavesdropping from
S 4665
their facility at Lourdes. In so doing.
we will suture a wound from Which
bleeds vital Intelligence material. in-
dustrial secrets, and the private con-
versations of American citizens. And
while only some of this material is
classified, it all provides intelligence
information to Soviets when pieced to-
gether. Just as importantly, by coun-
tering the facility at Lourdes We will
protect American citizens from egre-
gious violations of their privacy.
Mr. President, I ask unanimous con-
sent that the text of the bill be print-
ed in the RECORD.
There being no objection, the bill
was ordered to be printed in the
RECORD, as follows:
S. 2348
Be it enacted by the Senate and House of
kepresentatit.es of the United States of
America in Congress assembled, That (a)
the purpose of this Act Is to provide further
for the security of satellite communications
transmissions between facilities within the
United States and to prevent the intercep-
tion of, or access to, such translni.ssions by
foreign governments or other unauthorized
parties.
(be t) To carry out the purposes of subsec-
tion (a). the Secretary of Defense, acting
through the National Security Agency and
acting in cooperation with private ent?r-
prises engaged in satellite communications
within the United States. is authorized to
procure and install cryptographic equip-
ment at satellite communications facilities
within the United States.
(2) Any private enterprise owning it satel-
lite communications facility at which equip-
ment was installed under paragraph (1)
shall be reimbursed by the Secretary of De-
fense for the costs incurred in operating and
maintaining such equipment.
(c) The provisions of subsection (b) shall
not apply to any communications system
utilizing direct satellite transmissions
which, on reception, are not switched
through a common carrier system.
(d):l) There are authorized to be appro-
priated to the Secretary of Defense for use
by the National Security Agency such suns
as may be necessary to carry- out the prow;
sions of this Act.
(2) Amounts appropriated under this sub
section are authorized to remain available
until expended.
(e) For purposes of this Act-
(1) the term "cornrrron carrier" has the
same meaning as such term is defined in sec-
tion 31') of the Communications Act of
1933 (47 U.S.C. 153:h)); and
(2) the term "United States" refers to the
States of the United States, the District of
Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guarn, and Ameri-
can Samoa
By Mr. RIEGLE:
S. 2349. A bill to amend the Internal
Revenue Code of 1954 to provide for
the establishment of enterprise zones,
and for other purposes; to the Com-
mittee on Finance.
ENTERPRISE ZONE ACT
0 Mr. RIEGLE. Mr. President, I am
introducing today the Enterprise Zone
Act of 1986 to stimulate the economic
development of our Nation's most dis-
tressed communities.
This legislation will help attract pri-
vate investment to economically hard-
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