REMOVAL OF REVERSIONARY RIGHTS IN CERTAIN LANDS

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CIA-RDP96-00990R000100030008-5
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December 23, 2016
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February 26, 2014
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8
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August 4, 1988
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Declassified and Approved For Release 2014/02/26: CIA-RDP96-00990R000100030008-5 r ? Nat 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) Declassified and Approved For Release 2014/02/26: CIA-RDP96-00990R000100030008-5 S 10912 Declassified and Approved For Release 2014/02/26: CIA-RDP96-00990R000100030008-5 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 Declassified and Approved For Release 2014/02/26: CIA-RDP96-00990R000100030008-5 ? Declassified and Approved For Release 2014/02/26 CIA-RDP96-00990R000100030008-5 -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 Declassified and Approved For Release 2014/02/26: CIA-RDP96-00990R000100030008-5