Richard Shelby

Mr. SHELBY

Mr. SHELBY. Does this only relate to bringing up the Thompson bill and nothing else?

Mr. SHELBY. Mr. President, I have a reservation that maybe the majority leader can clarify, if he will yield for a question.

Mr. SHELBY. Reserving the right to object.

Mr. SHELBY

Mr. SHELBY. Mr. President, I move to reconsider the vote.

Mr. SHELBY. Mr. President, I ask unanimous consent that I may proceed as in morning business for no longer than 10 minutes.

Mr. SHELBY

Mr. SHELBY. Mr. President, the Washington Times reported last week that the Chinese Government-owned news agency, Xinhua, had purchased property on Arlington Ridge Road in Virginia a location that overlooks the Pentagon and has direct line of sight to many of our key Government buildings including this Capitol and the White House. In fact, the property is so appealing that the East Germans bought it in the early 1980s, which led Congress to amend the Foreign Missions Act. The Secretary of State, through the Foreign Missions Act, has broad authority to oversee the purchase of buildings in the United States by foreign government entities. Under the Act certain identified governments are required to notify the State Department of their intent to purchase property in the United States. China is one such country. The Secretary of State then has 60 days to review the sale, and receive input from the Secretary of Defense and the Director of the FBI. She has the option to disapprove the sale during this period. None of this occurred--despite the fact that China was notified in 1985 that its news agency was required to follow these procedures--and on June 15 the sale was finalized. The Foreign Missions Act provides the Secretary of State with the authority to remedy this violation of law. Under section 205 of the act, the Secretary may force the news agency to divest itself of the property. The legislation I am introducing today will ensure that this broad authority is used. The legislation has two basic requirements: First, it requires the Secretary of State to report to the Intelligence and Foreign Relations Committees whether she intends to force the news agency to divest itself of the property. Second, the bill prohibits any State Department funds from being used to negotiate with the Chinese on the relocation of the Chinese Embassy in Washington until she certifies that she has instituted divestiture proceedings and will ensure that any further purchase of property by the news agency will be pursuant to the Foreign Missions Act. By prohibiting funds for further negotiations until this violation of U.S. law is resolved, this second provision will also ensure that this issue is handled separately from on-going negotiations to relocate both the U.S. Embassy in Beijing and the Chinese Embassy in Washington, DC. The potential for this building to be a source of unparalleled espionage is not a theoretical matter. While there is nothing new about PRC spying, as an emerging economic and military power, China increasingly challenges vital U.S. interests around the globe through its aggressive security and intelligence service--employing both traditional intelligence methods as well as non-traditional methods such as open source collection, elicitation, and exploitation of scientific and commercial exchanges. In December 1999, the Director of Central Intelligence and the Director of the FBI reported to the Intelligence Committee, in unclassified form, that: As the most advanced military power with respect to equipment and strategic capabilities, the United States continues to be the [Military Intelligence Department of the People's Republic of China]'s primary target. The DCI went on to report: During the past 20 years, China has established a notable intelligence capability in the United States through its commercial presence. And added that China's commercial entities play a significant role in pursuit of U.S. proprietary information and trade secrets. One of China's greatest successes has been its collection against the U.S. nuclear weapons labs. As the U.S. Intelligence Community concluded last year: China obtained by espionage classified U.S. nuclear weapons information, [including] at least basic design information on several modern U.S. nuclear reentry vehicles, including the Trident II (W88). The special advisory panel of the President's Foreign Intelligence Advisory Board PFIAB concluded: [T]he nature of the intelligence-gathering methods used by the People's Republic of China poses a special challenge to the U.S. in general and the [DOE] weapons labs in particular. . . . The Chinese services have become very proficient in the art of seemingly innocuous elicitations of information. This approach has proved very effective against unwitting and ill- prepared DOE personnel. In another example, an investigation by the Senate Select Committee on Intelligence concluded that U.S. officials ``failed to take seriously enough the counterintelligence threat'' in launching U.S. satellites on PRC rockets. Technology transfers in the course of U.S.- PRC satellite launches: Enable the PRC to improve its present and future space launch vehicle and intercontinental ballistic missile. But the Chinese are also active in traditional methods of intelligence gathering, which brings us to the subject of my legislation. Especially in the wake of U.S. military success in the Gulf War, the acquisition of advanced U.S. military technology has been a primary thrust of PRC espionage and intelligence collection efforts. If you want money, and if you are so inclined, you rob a bank because, as a bank robber Willy Sutton famously observed: ``that's where the money is.'' If you want information on the most advanced military power in the world, the Pentagon is where the information is. I am hopeful that this bill can be taken up and passed quickly by the Senate and the House in order to ensure that the divestiture occurs in an orderly and speedy manner. Mr. President, this is a serious matter.

Mr. SHELBY

Mr. SHELBY. Mr. President, the Washington Times reported last week that the Chinese Government-owned news agency, Xinhua, had purchased property on Arlington Ridge Road in Virginia a location that overlooks the Pentagon and has direct line of sight to many of our key Government buildings including this Capitol and the White House. In fact, the property is so appealing that the East Germans bought it in the early 1980s, which led Congress to amend the Foreign Missions Act. The Secretary of State, through the Foreign Missions Act, has broad authority to oversee the purchase of buildings in the United States by foreign government entities. Under the Act certain identified governments are required to notify the State Department of their intent to purchase property in the United States. China is one such country. The Secretary of State then has 60 days to review the sale, and receive input from the Secretary of Defense and the Director of the FBI. She has the option to disapprove the sale during this period. None of this occurred--despite the fact that China was notified in 1985 that its news agency was required to follow these procedures--and on June 15 the sale was finalized. The Foreign Missions Act provides the Secretary of State with the authority to remedy this violation of law. Under section 205 of the act, the Secretary may force the news agency to divest itself of the property. The legislation I am introducing today will ensure that this broad authority is used. The legislation has two basic requirements: First, it requires the Secretary of State to report to the Intelligence and Foreign Relations Committees whether she intends to force the news agency to divest itself of the property. Second, the bill prohibits any State Department funds from being used to negotiate with the Chinese on the relocation of the Chinese Embassy in Washington until she certifies that she has instituted divestiture proceedings and will ensure that any further purchase of property by the news agency will be pursuant to the Foreign Missions Act. By prohibiting funds for further negotiations until this violation of U.S. law is resolved, this second provision will also ensure that this issue is handled separately from on-going negotiations to relocate both the U.S. Embassy in Beijing and the Chinese Embassy in Washington, DC. The potential for this building to be a source of unparalleled espionage is not a theoretical matter. While there is nothing new about PRC spying, as an emerging economic and military power, China increasingly challenges vital U.S. interests around the globe through its aggressive security and intelligence service--employing both traditional intelligence methods as well as non-traditional methods such as open source collection, elicitation, and exploitation of scientific and commercial exchanges. In December 1999, the Director of Central Intelligence and the Director of the FBI reported to the Intelligence Committee, in unclassified form, that: As the most advanced military power with respect to equipment and strategic capabilities, the United States continues to be the [Military Intelligence Department of the People's Republic of China]'s primary target. The DCI went on to report: During the past 20 years, China has established a notable intelligence capability in the United States through its commercial presence. And added that China's commercial entities play a significant role in pursuit of U.S. proprietary information and trade secrets. One of China's greatest successes has been its collection against the U.S. nuclear weapons labs. As the U.S. Intelligence Community concluded last year: China obtained by espionage classified U.S. nuclear weapons information, [including] at least basic design information on several modern U.S. nuclear reentry vehicles, including the Trident II (W88). The special advisory panel of the President's Foreign Intelligence Advisory Board PFIAB concluded: [T]he nature of the intelligence-gathering methods used by the People's Republic of China poses a special challenge to the U.S. in general and the [DOE] weapons labs in particular. . . . The Chinese services have become very proficient in the art of seemingly innocuous elicitations of information. This approach has proved very effective against unwitting and ill- prepared DOE personnel. In another example, an investigation by the Senate Select Committee on Intelligence concluded that U.S. officials ``failed to take seriously enough the counterintelligence threat'' in launching U.S. satellites on PRC rockets. Technology transfers in the course of U.S.- PRC satellite launches: Enable the PRC to improve its present and future space launch vehicle and intercontinental ballistic missile. But the Chinese are also active in traditional methods of intelligence gathering, which brings us to the subject of my legislation. Especially in the wake of U.S. military success in the Gulf War, the acquisition of advanced U.S. military technology has been a primary thrust of PRC espionage and intelligence collection efforts. If you want money, and if you are so inclined, you rob a bank because, as a bank robber Willy Sutton famously observed: ``that's where the money is.'' If you want information on the most advanced military power in the world, the Pentagon is where the information is. I am hopeful that this bill can be taken up and passed quickly by the Senate and the House in order to ensure that the divestiture occurs in an orderly and speedy manner. Mr. President, this is a serious matter.

Mr. SHELBY

Mr. SHELBY. Mr. President, today, I recognize the outstanding service to our Nation of Lieutenant General Michael C. Short. Lt. General Short will retire on July 1, 2000, after an outstanding career in the United States Air Force. During a 35 year career, General Short distinguished himself as a fighter pilot, warfighter, and trusted leader. Throughout his career, General Short commanded at all levels, both overseas and in the continental United States. A 1965 graduate of the U.S. Air Force Academy, he is a command pilot with more than 4,600 flying hours in fighter aircraft, including 276 combat missions in Southeast Asia. His impressive list of accomplishments include command of the 4th Aircraft Generation Squadron, 334th Tactical Fighter Squadron, 4450th Tactical Group, 355th Tactical Training Wing, 67th Tactical Reconnaissance Wing and the 4404th Composite Wing. During his last assignment, General Short commanded the Allied Air Forces Southern Europe, Stabilization Forces Air Component, and Kosovo Forces Air Component, Naples, Italy, and the 16th Air Force and 16th Air and Space Expeditionary Task Force, U.S. Air Forces in Europe, Aviano Air Base, Italy. As commander of these forces, he was the air principal subordinate commander and the joint and combined forces air component commander for the North Atlantic Treaty Organization's (NATO) Southern Region. He also was responsible for the planning and employment of NATO's air forces in the Mediterranean area of operations from Gibraltar to Eastern Turkey and air operations throughout the Balkans. General Short led the 16th Air Force during what was, without question, the most demanding period in its history--a time when it fulfilled a NATO mission of peace enforcement in Bosnia-Herzegovina and later, participated in a NATO-led air war, which removed Slobodan Milosevic's Serbian military and police forces from Kosovo. A consummate professional, General Mike Short's performance of duty during the past thirty-five years of service personify those traits of courage, competency and integrity that we expect from our military officers. His career reflects a deep commitment to our country, to dedicated and selfless service, and to excellence. On behalf of the United States Senate and the people of this great Nation, I commend him for his exemplary service and offer heartfelt appreciation for a job well done. We wish him and his family Godspeed and all the best in their future endeavors.

Mr. SHELBY

Mr. SHELBY. I recognize that the Four Bears Bridge is an important priority for my colleagues and I will work with Senator Dorgan, Senator Conrad, Indian Affairs Committee Chairman Campbell and Indian Affairs Committee Vice Chairman Inouye to identify funding for the bridge in the Transportation appropriations bill when it goes to conference.

Mr. SHELBY

Mr. SHELBY. Mr. President, I ask unanimous consent that Senator Lautenberg be recognized for 5 minutes before we proceed to vote on the Allard amendment. I further ask unanimous consent that following the vote, I be recognized to offer an amendment; following the disposition of that amendment, the bill then be read a third time and the Senate then proceed to the vote on passage of the bill, as amended. I further ask unanimous consent that following that vote, the Senate then insist on its amendments and request a conference with the House; further, that Senator Gorton then be immediately recognized in order to make a motion to instruct conferees relative to CAFE. Further, I ask unanimous consent that there be 2 hours equally divided in the usual form for debate on the motion, divided in the usual form, with an additional 15 minutes under the control of Senator Levin, 15 minutes under the control of Senator Abraham, and 15 additional minutes for the proponents of the motion, with no amendments to the motion in order. Finally, I ask unanimous consent that following that time, the Senate proceed to vote in relation to the motion and that the Chair then be authorized to appoint conferees on the part of the Senate.

Mr. SHELBY. Mr. President, I move to reconsider the vote.

Mr. SHELBY. I assure the Senator from California that I will continue to consult with NHTSA regarding the design and reliability of the small size dummies. I believe it is critical that these dummies be satisfactorily developed in time for compliance testing associated with the new advanced air bag rule in 2004. national planning and research program

Mr. SHELBY. I yield to the Senator from Oklahoma.

Mr. SHELBY. Mr. President, I will try to be really brief. My colleagues have said much about what Senator Lautenberg has contributed to the country, to the Senate, and his persistent advocacy on behalf of the State of New Jersey. I will not repeat all those things that have already been said about our distinguished colleague. What I would like to share with the Senate today is a more overlooked but important perspective in Frank Lautenberg. Senator Lautenberg is appropriately characterized as a Democrat. I am appropriately characterized as a Republican. You might think we would have a difficult time working together in managing the Transportation appropriations bill. Make no mistake, we have our differences, as we all do. But in the 4 years that I have shared the responsibility of managing this bill with Senator Lautenberg, holding hearings on Transportation appropriations issues, working to improve transportation safety, working to improve the efficiency of transportation programs, and working to develop recommendations that reflect the will of the Senate and the priorities of our colleagues, I have found Frank Lautenberg to be thoughtful, decisive, reasonable, and professional. I could not ask for more from a ranking member. I could talk about his accomplishments when he chaired this subcommittee in years past, his advocacy on behalf of Amtrak and the Coast Guard, about his legislative accomplishments to ban smoking on airline flights and to shape highway reauthorization bills, about his love of aviation, about his significant place in shaping Transportation authorization and appropriations bills during his tenure in the Senate, about his vision for improving transportation services, not just in his State of New Jersey but more broadly for the entire Northeast region of the United States. But that would not give the full measure of his contribution. Equally, if not more important, is his commitment to making the process here work, to applying pressure in his own way to get the issues before the Senate and the Congress that are timely and that are relevant. Many have said the Senate will miss Senator Lautenberg, that New Jersey will miss his influence, and that the country will miss his leadership on transportation issues. That is all true. But what I will miss most is his friendship, his advice and support on the Transportation Subcommittee on which he has labored so long. I would like to see Senator Lautenberg honored in an appropriate way as he departs his service to the Senate and to the Nation's transportation system. I yield the floor.

Mr. SHELBY. Mr. President, I ask for the yeas and nays on final passage.

Mr. SHELBY. Mr. President, I move to reconsider the vote.

Mr. SHELBY. I urge adoption of the amendment.

Mr. SHELBY. I thank the Senator for yielding and for his kind words regarding our legislation. We would be pleased to work with the Senator and I support the thrust of his request. His request tracks very closely with the subcommittee's philosophy regarding FAA modernization. Funds provided in this bill for next generation navigation should not be used solely to protect programs which our bill report details are struggling to various degrees but to deploy the immediate benefits of satellite based technologies as quickly as possible. I thank the Senator for his interest and look forward to working with him.

Mr. SHELBY. Mr. President, I move to reconsider the vote.

Mr. SHELBY. Mr. President, this amendment has been cleared on both sides of the aisle. I have talked to Senator Lautenberg about it. I ask for its immediate adoption.

Mr. SHELBY. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. SHELBY. Mr. President, I call up amendment No. 3440 on behalf of Senator McCain and ask for its immediate consideration.

Mr. SHELBY. Mr. President, I thank the Senior Senator from Colorado for raising the issue of highway ramps to improve safety on the roads in the Metro Denver area. Based on the Transportation Subcommittee's review of highways across the country, it is clear that Colorado, especially the Denver Metro area, has one of the fastest growth rates in the country and has specific transportation needs. I support the Senator's request for assistance on the particular highway project he mentions, and will be happy to work with him to identify funding for this important safety and capacity project as we move towards Conference.

Mr. SHELBY

Mr. SHELBY. Mr. President, I send to the desk on behalf of myself and Senator Lautenberg, a package of amendments and ask for their immediate consideration: No. 3432, as modified, by Senator Domenici; No. 3436, as modified, for Senator Reed; No. 3438, as modified, for Senator Kohl; No. 3447, as modified, for Senator Dodd; an amendment, No. 3451, for Senator Cochran on Star Landing Road; an amendment, No. 3452, for Senator Baucus and Senator Burns on highway projects on Federal land; an amendment No. 3453, for Senator Nickles of a technical nature.

Mr. SHELBY. Mr. President, I call up the following amendments and ask for their immediate adoption. They have cleared on both sides: No. 3441 on behalf of Senator McCain, Nos. 3443 and 3445 on behalf of Senator Torricelli.