REMOVAL OF REVERSIONARY RIGHTS IN CERTAIN LANDS
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CIA-RDP96-00990R000100030008-5
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K
Document Page Count:
3
Document Creation Date:
December 23, 2016
Document Release Date:
February 26, 2014
Sequence Number:
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Case Number:
Publication Date:
August 4, 1988
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Declassified and Approved For Release 2014/02/26: CIA-RDP96-00990R000100030008-5
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NOW" L_' filo.,
Ozt..4
August 4, 1988 CONGRESSIONAL RECORD ? SENATE S 10911
tor from Ohio has referred to have, in
my judgment, been most productive
and I do indeed agree that we are now
- ready to move forward on both S. 2443
and S. 908.
Mr. SLMPSON. I, too, agree with
that assessment, Mr. President.
Mr. GLENN. In view of that. I
wonder if I might seek the assurances
of both Senators that with respect to
S. 908?which has been passed by both
the House and the Senate, but in dif-
fering forms?we be pennitOd to move
forward with the appointment of con-
ferees and that, when we complete our
conference, we be permitted to move
to the consideration of the conference
report when that comes back before
the Senate?
Mr. BREAUX. I certainly have no
objection to that arrangement, Mr.
President. The accommodation that
we have reached is a fair one and ac-
cordingly, I will not object to either
the appointment of conferees on S.
908 or, upon completion of the confer-
ence report, the consideration of the
conference report for that legislation.
Indeed, the Senator from Ohio has al-
ready assured me that it is not his in-
tention to address those issues related
to NRC's Office of Investigation in S.
908 and, with that understanding, I
am prepared to lift my hold on the
consideration of S. 908.
Mr. SIMPSON. That arrangement is
satisfactory with me, too, Mr. Presi-
dent, and I can assure my good col-
league that I will not object to the ap-
pointment of conferees or the consid-
eration of the conference report on S.
908.
Mr. BREAUX. Could I ask my col-
league from Ohio, Senator GLENN, ELS
well as my colleague from Delaware,
Senator ROTH, if we could reach a
similar arrangement on consideration
of S. 2443?whereby we would be per-
mitted to consider this bill in the
Senate, request a conference with the
House appoint conferees, and upon
completion of that conference move to
consideration of the conference report
In the Senate without objection? In
the alternative, if we should wind up
amending S. 2443 between the two
Houses, would be Senator permit us to
proceed on that path without object-
ing to consideration of this legislation?
Mr. GLENN. I think that is a most
reasonable arrangement, Mr. Presi-
dent, and can assure both Senators
BREArrs and SiscesoN that I will not
object to either the appointment of
conferees on S. 2443 or, upon comple-
tion of the conference report, the con-
sideration of the conference report for
that legislation. Alternatively, if S.
2443 does not go to conference but in-
stead is amended between the two
Houses, I will not object to consider-
ation of the legislation in that manner
either.
Mr. ROTH. That arrangement is sat-
isfactory with me, too, Mr. President,
and I can assure my good colleague
that I will not object to the appoint-
ment of conferees or the consideration
of the conference report on S. 2443.
Similarly, I would have no objection to
consideration of this legislation if the
bill were to be amended between the
two Houses.
Senator BREAUX. I think this rep-
resents a most reasonable arrange-
ment, Mr. President, and I thank the
members of the Committee on Gov-
ernmental Affairs for their assurances.
Let me also say that it is my under-
standing that we have reached an ac-
commodation on the issue of appoint-
ment of conferees on S. 908 and S.
2443. We on the Environment Com-
mittee are prepared to name Senators
ROTH and Gunnq as conferees on S.
2443, for the limited purpose of title I
of that bill. In return, it is my under-
standing that Senator SIKPSON and I
will be named as conferees on those
portions of S. 908 that deal with the
establishment of an inspector general
for the Nuclear Regulatory Commis-
sion. Furthermore, in both instances?
the appointment of conferees from
the Environment and Public Works
Committee on S. 908 and the appoint-
ment of conferees from the Govern-
mental Affairs Committee on S. 2443?
it is not our intent to establish any
precedent with respect to the jurisdic-
tion of the two committees over the
Issues in either of these two bills.
Mr. GLENN. That arrangement is
fully satisfactory with me, Mr. Presi-
dent, and I think it is reasonable ap-
proach to resolving this matter, and I
certainly agree with the Senator's
statement that this arrangement is
not intended to establish any prece-
dent with respect to the jurisdiction of
the two Committees on these matters.
Mr. ROTH. I, too, think this is a rea-
sonable approach, Mr. President.
REMOVAL OF REVERSIONARY
RIGHTS IN CERTAIN LANDS
Mr. BYRD. Mr. President, I ask that
the Chair lay before the Senate a mes-
sage from the House of Representa-
tives on S. 892.
The PRESIDING OFFICER laid
before the Senate the following mes-
sage from the House of Representa-
tives:
Resolved, That the bill from the Senate
(S. 892) entitled "An Act to remove the
right of reversion to the United States in
lands owned by the Shriners' Hospitals for
Crippled Children on lands formerly owned
by the United States in Salt Lake County,
Utah", do pass with the following amend-
ment:
Page 2, line 9, strike out "997,627", and
Insert: $200,000 within 60 days after the
date of enactment of this Act.
Mr. BYRD. Mr. President, I move
that the Senate concur in the House
amendment.
The motion was agreed to.
Mr. BYRD. Mr. President, I move to
reconsider the vote by which the
motion was agreed to.
Mr. ARMSTRONG. I move to lay
that motion on the table.
The motion to lay on the table was
agree to.
NATIONAL TELECONEMUNI CA
TIONS AND INFORMATION AD
MINISTRATION AUTHORIZA
TION ACT
Mr. BYRD. Mr. President, I ask
unanimous consent that the Senatt
proceed to the immediate consider
ation of Calendar Order No. 219, S
828.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
A bill (S. 828) to provide authorization of
appropriations for activities of the National
Telecommunications and Information Ad-
ministration, which had been reported from
the Committee on Commerce, Science. and
Transportation, with an amendment:
On page 2, after line 5, insert the follow-
ing:
Sac. 2. (a) The Congress finds that?
(1) the Pacific Ocean region is of strategic
importance to the United States, and other
nations are seeking to establish their influ-
ence in this region:
(2) the Pacific Basin communities are im-
portant economically to the United States,
and have sought a close relationship with
the United States;
(8) because the Pacific Basin communities
are geographically isolated and because
many of such communities are relatively
poor, they are in great need of quality, low
cost communications services to maintain
contact among themselves and with other
countries; and
(4) since August 1985, the Pacific Basin
communities have been without a vital com-
munications service because the ATS-1 sat-
ellite of the National Aeronautics and Space
Administration ceased operation.
(b) It is the purpose of this section to
assist in the acquisition of satellite commu-
nications services until commercially viable
alternatives are available and to provide ini-
tial funding in order that the Pan-Pacific
Educational and Cultural Experiments by
Satellite Program again serves the educa-
tional, medical and cultural needs of the Pa-
cific Basin communities.
(c)(1) The Secretary of Commerce shall
expeditiously negotiate and acquire satellite
space segment capacity for communications
services for the Pacific Ocean region for
former users of the ATS-1 satellite of the
National Aeronautics and Space Administra
tion.
(21(A) Such satellite space segment capac-
ity may, for a period of three years from the
time it is acquired, operate in those portions
of the UHF frequency band (225-400 Mega-
hertz) assigned to the Department of the
Navy, unless the President finds that the
use of such spectrum solely by the Depart-
ment of Defense is essential to the national
security of the United States.
(B) The Secretary of the Navy shall Join
with the Secretary of Commerce in the ne-
gotiation and acquisition of satellite space
segment capacity under this section in any
case where the "capacity to be used is the ca-
pacity specified in subparagraph (A) of this
paragraph.
(3XA) The Secretary of Commerce shall
provide to the managers of the Pan-Pacific
Educational and Cultural Experiments by
Satellite Program such funds as the Secre-
tary of Commerce considers necessary to
manage the operation of satellite communi-
cations services acquired under this subsec?
tion.
(B) The recipient of funds under subpara-
graph (A) of this paragraph shall keep such
records as may reasonably be necessary
ri)
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S 10912
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Nee
=ftie
CONGRESSIONAL RECORD ? SENATE August 4,1988
enable the Secretary of Commerce to con-
duct an effective audit of such funds.
(C) The Secretary of Commerce and the
Comptroller General of the United States,
or any of their duly authorized representa-
tives, shall have access for the purpose of
audit and examination to any books, docu-
ments, papers, and records of such recipient
that are pertinent to the funds received
under subparagraph (A) of this paragraph.
(d) There are authorized to be appropri-
ated $1,700.000 for each of the flocal years
1988 and 1989 for use by the Secretary of
Commerce in the development, including
the acquisition, of satellite communications
services under subsection (c) of this section.
Sums appropriated pursuant to this subsec-
tion may be used by the Secretary of Com-
merce to cover administrative costs associat-
ed with the provisions of this section.
(e) The Secretary of Commerce shall con-
milt with appropriate departments and
agencies of the Federal Government, repre-
sentatives of the Pan-Pacific Educational
and Cultural Experiments by Satellite Pro-
gram, and other affected parties regarding
the development of a long-term commercial
solution to the communication needs of the
, Pacific Ocean region. Within one year after
the date of enactment of this Act, the Sec-
retary of Commerce shall report to the Con-
gress regarding such consultation.
There being no objection, the Senate
proceeded to consider the bill.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
met.
The amendment was agreed to.
AKENDILENT NO. 2806
(Purpose: An amendment in the nature of a
substitute)
Mr. BYRD. Mr. President, on behalf
of Mr. INOUYE. I send a substitute
amendment to the desk and ask for its
immediate consideration.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from West Virginia (Mr.
BYRD], for Mr. Isocrya proposes an amend-
ment numbered 2808.
Mr. BYRD. Mr. President, I ask
unanimous consent that the reading of
the amendment be dispensed with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
Strike all after the enacting clause and
Insert in lieu thereof the following: That
there are authorized to be appropriated for
activities of the National Telecommunica-
tions and Information Administration
*14,718,000 for fiscal year 1988 and
$15.000,000 for fiscal year 1989, together
with such sums as may be necessary for in-
creases resulting from adjustments in
salary, pay, retirement, other employee ben-
efits required by law, and other nondiscre-
tionary costa, for each of the fiscal years
1988 and 1989.
Sac. 2. (a) The Administrator of the Na-
tional Telecommunications and Information
Administration (hereinafter referred to as
the "Administrator") shall establish semian-
nual goals for recruiting and hiring minori-
ty members and women to the staff of the
Administration. Such goals shall be pub-
lished in the Federal Register not later than
thirty days atter the date of enactment of
this Act.
(b) The Administrator shall, not later
than September 30, 1988. March 31, 1989.
and September 30, 1989, submit a report on
the success of the Administration in achiev-
ing the goals established under subsection
(a) of this section to the Committee on
Commerce. Science, and Transportation of
the Senate and the Committee on Energy
and Commerce of the House of Represents-
Sac. 3. The Administrator shall enter into
discussions with the Federal Communica-
tions Commission for the purposes of deter-
mining the feasibility of awarding Public
telecommunications facilities program
grants for low-power television stations and
television translator stations on a condition-
al basis pending the award by the Commis-
sion of licenses for such stations. The Ad-
ministrator shall also work with the Com-
mission to establish a schedule for the expe-
dited and coordinated consideration, on a
regular basis, of future grant requests and
license applications for low-power television
stations and television translator stations.
The Administrator shall, within ninety days
after the date of enactment of this Act.
report to the Committee on Commerce, Sci-
ence, and Transportation of the Senate and
the Committee on Energy and Commerce of
the House of Representatives on the
progress made in carrying out the require-
ments of this section.
Sze. 4. (a) The Congress finds that--
(1) the Pacific Ocean region is of strategic
importance to the United States, and other
nations are seeking to establish their influ-
ence in this region:
(2) the Patine Basin communities are im-
portant economically to the United States,
and have sought a close relationship with
the United States;
(3) because the Pacific Basin communities
are geographically isolated and because
many of such communities are relatively
poor, they are in great need of quality, low
cost communications services to maintain
contact among themselves and with other
countries; and
(4) since August 1985, the Pacific Basin
communities have been without a vital com-
munications service because the ATS-1 sat-
ellite of the National Aeronautics and Space
Administration ceased operation.
(b) It is purpose of this section to assist in
the acquisition of satellite communications
service until commercially viable alterna-
tives are available and to provide initial
funding in order that the Pan-
._ tonal and Cultural
I.rogram ags, serves the educe onal,
medical, and cultural needs of the Pacific
Basin communities.
(c)(1) The Secretary of Commerce shall
expeditiously negotiate and acquire satellite
space segment capacity for communications
services for the Pacific Ocean region for
former users of the ATS-1 satellite of the
National Aeronautics and Space Administra-
tion..
(2XA) Such satellite space segment capac-
ity may, for a period of three years from the
time it is acquired, operate in those portions
of the UHF frequency band (225-400 Mega-
hertz) assigned to the Department of the
Navy, unless the President finds that the
use of such spectrum solely by the Depart-
ment of Defense is essential to the national
security of the United States.
(B) The Secretary of the Navy shall join
with the Secretary of Commerce in the ne-
gotiation and acquisition of satellite space
segment capacity under this section in any
case where the capacity to be used is the ca-
pacity specified in subparagraph (A) of this
paragraPb-
(3XA) The Secretary of Commerce shall
provide to the managers of the Pan-Pacific
Educational and Cultural Experiments by
Satellite Program such funds as the Secre-
tary of Commerce considers necessary to
manage the operation of satellite communi-
cations services acquired under this subsec-
tion.
(B) The recipient of funds under subpara-
graph (A) of this paragraph shall keep such
records as may reasonably be necessary to
enable the Secretary of Commerce to con-
duct an effective audit of such funds.
(C) The Secretary of Commerce and the
Comptroller General of the United States.
or any of their duly authorized representa-
tives, shall have access for the purpose of
audit and examination to any books, docu-
ments, papers, and records of such recipient
that are pertinent to the funds received
under subparagraph (A) of this paragraph.
(d) There are authorized to be appropri-
ated $1,700,000 for each of the fiscal years
1088 and 1989 for use by the Secretary of
Commerce in the development, including
the acquisition, of satellite communications
service under subsection (c) of this section.
Sums appropriated pursuant to this subsec-
tion may be used by the Secretary of Com-
merce to cover administrative costs associat-
ed with the provisions of this section.
(e) The Secretaary of Commerce shall
consult with appropriate departments and
agencies of the Federal Government, repre-
sentatives of the Pan-Pacific Educational
and Culture Experiments by Satellite Pro-
gram, and other affected parties regarding
the development of a long-term commercial
solution to the communication needs of the
Pacific Ocean region. Within one year after
the date of enactment of this Act. the Sec-
retary of Commerce shall report to the Con-
gress regarding such consultation.
Mr. INOITYE. Mr. President, I am
pleased to rise today to offer an
amendment in the nature of a substi-
tute to S. 828, the NTIA authorization
bill. This amendment is a bipartisan
product, thanks to the efforts of
Chairman Hourriqs and the ranking
members 9f the committee, Senator
DANFORTH, and the Communications
Subcommittee, Senator PACKWOOD.
S. 828 authorizes $14,718,000 for
fiscal year 1988 and $15,000,000 for
fiscal year 1989, together with such
sums as are necessary for nondiscre-
tionary costs for each fiscal year. This
is the same amount as the House au-
thorized in its NTIA authorization bill,
H.R. 2472, which passed the House on
October 13, 1987. The amount author-
ized for fiscal year 1988 is identical to
the amount requested by the Presi-
dent in his fiscal year 1988 budget re-
quest.
Mr. President, this bill was reported
without objection by the Commerce
Committee with an amendment au-
thorizing funds for the Peacesat Pro-
gram. The House bill included two
amendments of its own that we are
adopting here in order to avoid a con-
ference. To accomplish this, we are of-
fering an amendment in the nature of
a substitute that contains all of these
provisions.
Let me briefly describe these amend-
ments,
The Peacesat Program provided a
valuable public communications serv-
ice to the inhabitants of the Pacific
Rim for 14 years. In 1985, the NASA
satellite used to carry the Peacesat
communications run out of fuel and
was decommissioned. The Peacesat
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-Noe,
August 4, 1988
CONGRESSIONAL RECORD ? SENATE
Program has been searching ever since
for alternative satellite services and
funding.
Meanwhile, most of the former users
of the Peacesat Program have been
without service. For many years,
Peacesat provided the only means by
which local residents could communi-
cate with the residents of the nearby
Islands and with the developed world.
Through Peacesat, local residents en-
gaged in cultural exchange and educa-
tional programs, received medical
treatment and advice, and received
warnings of emergency weather condi-
tions.
This provision authorizes $1.7 mil-
lion in funding for each of the next 2
years for the acquisition of satellite
services necessary to re-establish the
program. The amount for fiscal year
1988 has already been appropriated.
Thisis close to the amount that NASA
in 1986 found to be necessary to ac-
quire the space segment, develop the
prototype earth station for use by the
concerned communities, and adminis-
ter the program. Significantly, each
community has agreed to fund the
cost of providing its own earth station.
The bill also directs the Secretary of
Commerce to explore the long-term
commercial solutions to the communi-
cations needs of these Pacific commu-
nities and to report to Congress within
a year after final passage of this act
on its findings.
The next amendment requires NTIA
to set goals for recruiting and hiring
minorities and women to its staff.
MITA shall also be required by this
provision to report semiannually to
the pertinent committees of the House
and Senate on its success in achieving
these goals. The evidence we have
shows that NTIA's percentage of mi-
nority and women employees is about
3 percent below the minority represen-
tation in the civilian work force and
about 5 to 6 percent below the minori-
ty representation in the other Govern-
ment agencies.
This amendment differs from the
provision in the House bill only in the
timing of implementation. The House
version requires NTIA to publish its
goals 30 days before the fiscal year
and to issue its reports on January 15
and July 15 of each fiscal year. These
dates are obviously unenforceable as
we are already - almost half-way
Through fiscal year 1988. The amend-
ment I offer today requires NT1A to
publish its goals within 30 days after
final enactment of this bill and to file
semiannual reports on its success in
achieving these goals by September 30,
1988, March 31, 1989, and September
30, 1989.
The final amendment in this bill,
Mr. President, concerns applications
by low-power television stations and
television translator stations for fund-
ing from the NTIA's Public Telecom-
munications Facilities Program
EPTFPJ. Currently, there is no formal
means by which NTIA coordinates its
funding process with the FCC's proc-
ess of awarding construction permits
to these stations. As a result, there is a
danger that funding for a certain sta-
tion will be held up for a year or more
because the FCC has not yet issued
the necessary construction permit to
that station. This situation would
cause a delay in the ability of resi-
dents in some rural areas to receive
-television broadcast signals.
The provision in this bill would re-
quire that NTIA take three actions:
analyze the feasibility of awarding
conditional funding grants to those
stations that have applied for con-
struction permits from the FCC; enter
into discussions with the FCC to estab-
lish a schedule for the expedited con-
sideration of those applications for
funding submitted by stations that
have also submitted an application for
a construction permit from the FCC:
report to Congress within 3 months on
its success in carrying out these provi-
sions.
In short, the provision requires little
more than discussions between NTIA
and the FCC and a report to Congress
on those discussions. It is my under-
standing that NTIA has recently
begun working with the FCC to ac-
complish these goals and that their ef-
forts have been successful. The pur-
pose of this legislation is only to
ensure that these efforts continue.
Mr. President, NTIA carries out a
number of important functions in the
field of telecommunications. It acts as
chief advisor to the executive branch
on telecommunications policy, man-
ages the Federal use of the radio spec-
trum, engages in negotiations with for-
eign administrations to advance U.S.
trade opportunities in telecommunica-
tions, assists in coordinating U.S.
policy positions before various interna-
tional standard-setting and regulatory
bodies, and it conducts research in
communications technology. Passage
of this authorization bill will recognize
the value of NTIA's active participa-
tion in all these issues. I strongly urge
its passage by the Senate.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment.
The amendment (No. 2806) was
agreed to.
The PRESIDING OFFICER. The
bill is open to further amendment. If
there be no further amendment to be
proposed, the question is on the en-
grossment and third reading of the
bill.
The bill was ordered to be engrossed
for a third reading, and was read the
third time.
Mr. BYRD. Mr. President, I ask
unanimous consent that the Senate
proceed to the consideration of Calen-
dar Order No. 377.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
A bill (H.R. 2472) to provide authorization
of appropriations for activities of the Na-
S 10913
tional Telecommunications and Information
Administration.
There being no objection, the Senate
proceeded to consider the bill.
Mr. BYRD. Mr. President, / ask
unanimous consent that all after the
enacting clause be stricken and the
text of S. 828, as amended, be substi-
tuted in lieu thereof, that the bill go
to third reading and immediate pas-
sage, that the motion to reconsider
laid on the table, and that S. 828 be in-
definitely postponed.
The PRESIDING OFFICER. Is
there objection? Without objection, it
Is so ordered.
INSPECTOR GENERAL ACT
AMENDMENTS
Mr. BYRD. Mr. President, on behalf
of Mr. Gunfa, I ask that the Chair lay
before the Senate a message from the
House on S. 908, the Inspector Gener-
al Act.
The PRESIDING OFFICER. laid
before the Senate the following mes-
sage from the House of Representa-
tives:
Resolved, That the bill from the Senate
(S. 908) entitled "An Act to amend the In-
vector General Act of 1978", do pass with
the following amendments:
Strike out all after the enacting clause
and insert:
177'LE I?INSPECTOR GENERAL ACT
AMENDMENTS
SECTION 151. SHORT TITLE.
77zis Act may be cited as the "Inspector
General Act Amendments of 1988".
SEC. 151 ESTABLISHMENT OF NEW OFFICES OF
SPECTOR GENERAL
(a) PURPOSE; EsTABuSlimERT.?Section 2,1)
of the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.) is amended to
read as follows:
"III to conduct and supervise audits and
investigations relating to the programs end
operations of the establishments listed in
section 11(2);".
(b) ADDFTION OP DEPARTMENTS OF ENERGY,
',SALT?! AND HUMAN SERVICES, JUSTICE, AND
TREASURy, FEMA, AND RAILROAD RE77REMENT
BOARD TO LIST OF COVERED ESTABLISH-
MENTS.?Section 11 of such Act is amended
by striking out paragraphs (1) and 121 and
inserting in lieu thereof the following:
"( 1) the term 'head of the establishment'
means the Secretary of Agriculture, Com-
merce, Defense, Education, Energy, Health
and Human Services, Housing and Urban
Development, the Interior, Labor, State,
Transportation, or the Treasury; the Attor-
ney General; the Administrator of the
Agency for International Development, En-
vironmental Protection, General Services,
National Aeronautics and Space. Small
Business, or Veterans' Affairs; the Director
41 the Federal Emergency Management
Agency or Use United States Information
Agency; or the Chairman of the Railroad Re-
tirement Board.; as the case may be:
"(2) the term 'establishment' means the
Department of Agriculture, Commerce, De-
fense, Education, Energy, Health and
Human Services, Housing and Urban Devel-
opment, the Interior, Justice, Labor, State,
Transportation, or the Treasury: the Agency
for International Development. the Environ-
mental Protection Agency, the Federal Emergency Management Agency,' the Genera!
Services Administration, the National Aerc
3
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