Paul Sarbanes

Mr. SARBANES

Mr. SARBANES. Yes.

Mr. SARBANES. There is some weight to the point the Senator is making, but it seems to me cutting off the country has a broad range of implications and consequences. Those have to be taken into consideration and, therefore, giving the Secretary a ``may'' authority rather than a ``shall'' requirement probably makes sense in that instance. The counterargument can obviously be made that then you may confront a situation in which, because of the host of considerations that are involved, you do not want to actually exercise the authority, but the statute would require you to do so. The way it is worded, the authority is given, it is there to be exercised, but exercising is not compelled. We came down on that side of it. We are trying to give authority to the executive branch but give them a certain amount of flexibility to deal with the problem. The Senator himself yesterday referred to the unintended consequences of consideration. As I commented yesterday, that was a very apt perception and, again, we are trying to deal potentially with what might be an unintended consequence. Mr. President, the Senator from Utah has been extremely generous, and I yield the floor.

Mr. SARBANES. Mr. President, I know the able Senator from Utah has been waiting to speak. If he will indulge me a couple minutes, I want to get something into the Record in light of the comments that were made by the Senator from Arizona. One of the difficulties I am having, as I hear the critics of this bill outline their concerns, I frequently find myself sharing their concerns but then not understanding why they fail to perceive the bill addresses their concerns. In other words, we have tried to cover this matter. The Senator from Arizona has spent a good deal of time talking about foreign availability but, in fact, the legislation specifically provides a whole procedure whereby the President can set aside a foreign availability status determination. That is in section 212. There is a detailed process by which he can set that aside. Furthermore, and much more importantly in a sense, in response to some of the points that were raised, we give the President in section 201(d) enhanced control authority. Let me read that authority: Notwithstanding any other provisions of this title, the President may determine that applying the provisions of section 204 or 211-- And 211 is the foreign availability mass marketing section-- with respect to any item on the National Security Control List would constitute a significant threat to the national security of the United States and that such item requires enhanced control. If the President determines that enhanced control should apply to such item, the item may be excluded from the provisions of section 204, section 211, or both, until such time as the President shall determine that such enhanced control should no longer apply to such item. No wonder the administration is supportive with that kind of blanket authority placed in the hands of the President. I wanted to underscore that. The other point was raised about ascertaining end users. On page 295 of the legislation, I am going to take a moment to read the provisions because the Secretary shall target postshipment verification to exports involving the greatest risk to national security. Refusal to allow postshipment verification, which the Senator from Arizona was just talking about, if an end user refuses to allow postshipment verification of a controlled item, the Secretary shall deny a license for the export of any controlled item to such end user until such postshipment verification occurs. Let me state that section again. If an end user refuses to allow postshipment verification of a controlled item, the Secretary shall deny a license for the export of any controlled item to such end user until such postshipment verification occurs. Furthermore, the point was raised, suppose the country refuses. Again, if the country in which the end user is located refuses to allow postshipment verification of a controlled item, the Secretary may deny a license for the export of that item or any substantially identical or directly competitive item or class of items to all end users in that country until such postshipment verification is allowed. So the problem was raised, but in my view the bill clearly addresses the problem. Furthermore, the bill goes on to say on this specific issue--I could do a similar exercise with other points that were made or issues that were raised, but I am not going to take the time to do that, and the Senator from Utah is being very patient and generous in allowing me to proceed. Let me just close with again discussing the end-use verification because we recognize it is an important challenge, and we need to deal with it. We are not contending it does not need to be addressed. We are simply asserting there are ways we have addressed it in the bill, and we think these ways of addressing it deal with the problem. End-use verification authorization: There is authorized to be appropriated for the Department of Commerce $4.5 million and such sums as may be necessary to hire 10 additional overseas investigators to be posted in the People's Republic of China, the Russian Federation, the Hong Kong Special Administrative Region, the Republic of India, Singapore, Egypt, and Taiwan, or any other place the Secretary deems appropriate for the purpose of verifying the end use of high-risk, dual-use technology. Then there is a provision for a report to the Congress from the Secretary on the effectiveness of the end-user verification activities. There is a further provision, in addition to the authorization provided in paragraph 1--that is, the $4.5 million I just mentioned-- there is authorized to be appropriated for the Department of Commerce $5 million to enhance this program for verifying the end use of items subject to controls under this act. So there is an additional $10 million we are putting into this specific purpose.

Mr. SARBANES. Madam President, I am hopeful we can work out some of these matters which he discussed. I think the idea of a presidentially appointed independent advisory committee to review the matter and submit its findings to the Congress at an appropriate time is a good idea. It may well prove of significant benefit. I repeat what I said yesterday. I think all 100 Members of the Senate are concerned that our national security is effectively protected. I hope what we went over yesterday, provisions of the bill and some of the authority given to the President, provided some reassurance in terms of ultimate authority to act on behalf of important national security and foreign policy interests. I hope in the course of the day we can work through some of these matters and perhaps move to a conclusion. Again, I state my appreciation to the Senator for the questions he raised and focusing our attention on them. He has done that consistently as we have moved through the process. I know my very able colleague from Wyoming, Senator Enzi, has interacted throughout. What is before the Senate in this legislation has been shaped in part by questions and concerns the Senator has raised. It is not as though there has not been a response to some of the matters brought forward, and that is reflected already in the legislation before the Senate.

Mr. SARBANES. I yield the floor.

Mr. SARBANES. I implore my colleagues who are within earshot, if they wish to make a statement on this bill, to come to the floor and get that done this morning before we go to the two weekly conferences. I also hope that at some point shortly we could have an amendment laid down and proceed to move through the amendments. I yield the floor.

Mr. SARBANES. Mr. President, I echo what my colleague, Senator Reid, just had to say. We are back on the bill. We did a number of opening statements yesterday. I know there were a couple Members who indicated that they want to be able to just speak on the bill briefly. I invite them to come over. Anyone who has amendments, we are open to consider them. I hope we can possibly finish this bill today and thereby enable the Senate to move on to other business for the remainder of the week. I frankly say that ought to be our objective. Hopefully, we can reach it. I do know there is a state dinner this evening that may impact on the Senate's schedule.

Mr. SARBANES

Mr. SARBANES. Mr. President, we are going to strive very hard to get this unanimous consent agreement before we go to the joint meeting of the Congress, and then I hope we can come back and in fairly short order execute the unanimous consent request and move to final passage of this legislation by midday tomorrow, and then clear the Chamber for the leadership to take up other matters which I know are pressing on their agenda. I suggest the absence of a quorum.

Mr. SARBANES. We very much hope to achieve that. And if we could do that, I also hope it would not take a great deal of time to implement or carry out a unanimous consent agreement, then not only get the agreement but move from the agreement to where we do the final passage. Then this legislation is completed and the floor is clear for other matters which I know the leadership is anxious to consider.

Mr. SARBANES. I yield to the Senator from Tennessee.

Mr. SARBANES. Mr. President, I want to report to our colleagues where I think we are. We had been hopeful that we would have agreement on a few amendments that had been discussed at some length--largely with Senator Kyl and Senator Thompson--and that those amendments could be agreed to and the managers' amendment would be agreed to, and then we would have been able to go on to final passage of the legislation this evening. I know a number of our colleagues are going to the White House for the state dinner with the President of the Republic of Mexico. Regrettably, there has been a hangup, I guess I will describe it as, at this point with respect to this blue ribbon commission amendment that we had discussed. An effort is still underway to try to work that out. We did reach agreement on two other amendments that I think are of some consequence, for which both Senator Kyl and Senator Thompson earlier in the debate sort of laid out a rationale. Senator Enzi and I joined together in trying to accommodate that concern. Apparently, it is believed that if we go overnight, that will provide some opportunity to work out the one remaining item. If Members choose an amendment on that, we will have to deal with the amendment on its terms in one way or another or Members may choose at that point not to offer the amendment. But that would be the situation we would find ourselves in, and then we would move to final passage. As best we can ascertain, there are not other amendments, and I certainly hope that is the case. That is the premise on which we are now proceeding. In light of that, I expect what we would do shortly is go over until the morning, and if the blue ribbon commission amendment has been worked out, that will be included in what would be passed. If not, we would pass the other two amendments that have been addressed and worked out, pass the managers' amendment, and go to third reading and final passage of the legislation. This is what we have been trying to work towards all day long, and I think we came close but not quite there. So that is the situation. I want to report that to all of my colleagues. I know a lot of time has been spent in a sense waiting while discussions were going on, but that is not new for this body. We actually had hopes we would be able to get the bill done today. I very much regret that is not the case. I discussed it with my colleagues on the other side. I do not think there are other amendments hanging out there, but if there are, we certainly want to be enlightened as to them. I am certainly not inviting them. We need to complete this legislation now. It is clear what the will of this body is with respect to this legislation, and I hope Members would get a chance to exercise that will and then we will be able to get on with the other extended agenda which confronts the Senate now as we move into the fall period.

Mr. SARBANES. Certainly.

Mr. SARBANES. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SARBANES. Mr. President, first of all, I don't think we should go to morning business. I think we should stay on the bill even if there is a period of time when we are in a quorum call. Second, I say to my colleagues who are listening that if anyone has any statement they want to make, they had better get over and do it because we are working on an amendment which is sort of being cleared downtown. If we can get clearance on that and an accommodation, I hope we can then adopt that amendment, probably have some colloquy, do a managers' amendment, and go to the third reading of the bill and finish this bill. That would be our objective. So if we start moving that way, and people who have not been around and have not been engaged in the process then want to make a statement, or maybe all of a sudden appear from somewhere and offer an amendment, we are going to say: Where have you been? We have been biding our time and waiting and wanting to move ahead, and so forth and so on, and you were not here. But at the moment we need to get the clearance on this amendment we are working on. We think that is in the works. That is the best I can say to the majority whip on that score.

Mr. SARBANES. Mr. President, I suggest the absence of a quorum.

Mr. SARBANES

Mr. SARBANES. Mr. President, I ask unanimous consent that the Subcommittee on Seapower of the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, September, 5, 2001, at 3 p.m., in closed session to mark up the Seapower programs and provisions contained in the Department of Defense Authorization Act for fiscal year 2002.

Mr. SARBANES. Mr. President, I ask unanimous consent that the Subcommittee on Readiness and Management Support of the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, September, 5, 2001, at 10 a.m., in closed session to mark up the Readiness and Management programs and provisions contained in the Department of Defense Authorization Act for fiscal year 2002.

Mr. SARBANES. Mr. President, I ask unanimous consent that the Subcommittee on Personnel of the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, September, 5, 2001, at 11 a.m., in closed session to mark up the Personnel programs and provisions contained in the Department of Defense Authorization Act for fiscal year 2002.

Mr. SARBANES. Mr. President, I ask unanimous consent that the Subcommittee on Emerging Threats and Capabilities of the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, September 5, 2001, at 4:30 p.m., in closed session to mark up the Emerging Threats and Capabilities programs and provisions contained in the Department of Defense Authorization Act for fiscal year 2002.

Mr. SARBANES. Mr. President, I ask unanimous consent that the Subcommittee on Consumer Affairs, Foreign Commerce and Tourism of the Senate Committee on Commerce, Science, and Transportation be authorized to meet on Wednesday, September 5, at 9 a.m., on prescription drug pricing.

Mr. SARBANES. Mr. President, I ask unanimous consent that the Subcommittee on Airland of the Committee on Armed Services be authorized to meet during the session of the Senate on Wednesday, September 5, 2001 at 9 a.m., in closed session to mark up the Airland programs and provisions contained in the Department of Defense Authorization Act for fiscal year 2002.

Mr. SARBANES. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate Wednesday, September 5 at 7 p.m., in closed session to mark up the Department of Defense Authorization Act for fiscal year 2002.

Mr. SARBANES. Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions be authorized to meet for a hearing on Stem Cell Research during the session of the Senate on Wednesday, September 5, 2001, at 9:30 a.m.

Mr. SARBANES. Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a hearing on Wednesday, September 5, 2001 at 2:30 p.m., in Dirksen room 226.

Mr. SARBANES. Mr. President, I ask unanimous consent that the Committee on Small Business and Entrepreneurship be authorized to meet during the session of the Senate for a roundtable entitled ``The 7(a) Program: A Look at SBA's Flagship Program's Fees and Subsidy Rate'' on Wednesday, September 5, 2001, beginning at 9;:45 a.m., in room 428 A of the Russell Senate Office Building.