E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, WEDNESDAY, SEPTEMBER 8, 1999 No. 115 Senate The Senate met at 12 noon and was RECOGNITION OF THE ACTING the nominations with no intervening called to order by the President pro MAJORITY LEADER action or debate. I also ask unanimous tempore [Mr. THURMOND]. The PRESIDENT pro tempore. Sen- consent that following the votes on the ator BURNS is recognized. nominations, the motions to reconsider PRAYER Mr. BURNS. I thank the Chair. be laid on the table, the President be The Chaplain, Dr. Lloyd John I welcome our colleagues back from immediately notified of the Senate’s Ogilvie, offered the following prayer: the August recess. action, and the Senate then return to legislative session. Lord God, You know us as we really f are. You know the inner person behind The PRESIDENT pro tempore. With- our highly polished exteriors; You SCHEDULE out objection, it is so ordered. know when we are tired and need Your Mr. BURNS. Mr. President, today the Mr. BURNS. I also ask unanimous strength; You know about our worries Senate will be in a period of morning consent that it be in order to ask for and anxieties and offer Your comfort; business until 1 p.m. Following morn- the yeas and nays at this time on both You understand our fears and frustra- ing business, the Senate will stand in nominations. tions and assure us of Your presence; recess until 2:15 p.m. so that the week- The PRESIDENT pro tempore. With- You feel our hurts and infuse Your ly party conferences can meet. Fol- out objection, it is so ordered. healing love. Flood our inner beings lowing the conference meetings, the Mr. BURNS. Therefore, I now ask for with Your peace so that we can live Senate will move to executive session the yeas and nays on Calendar Nos. 173 with confidence and courage. for the consideration of two judicial and 175. You have told us that to whom much nominees. Therefore, Senators can ex- The PRESIDENT pro tempore. Is is given, much is required. Thank You pect two consecutive votes at 2:15 there a sufficient second? There ap- that You have taught us also that of today. pears to be a sufficient second. whom much is required, much shall be When the Senate returns to legisla- The yeas and nays were ordered. given. Lord, You require a great deal of tive session, it will resume consider- Mr. BURNS. I ask unanimous consent the women and men of this Senate. ation of the Interior appropriations that the period of morning business be Provide them with an extra measure of bill. Amendments are expected to be divided as follows: Senator DASCHLE or Your strength, wisdom, and judgment offered, and therefore Senators can ex- his designee in control of the first 30 for the crucial work of this next ses- pect additional votes throughout to- minutes; Senator THOMAS in control of sion of the 106th Congress. day’s session. the second 30 minutes. We thank You for all the people who It is hoped that the Senate can com- I further ask consent that imme- make it possible for the Senate to func- plete the Interior appropriations bill diately following the use or yielding tion effectively. Especially, we thank on Thursday at a reasonable time. As a back of those times, the Senate stand You for the Senators’ staffs and all reminder, there will be no votes on Fri- in recess until 2:15 today for the week- those here in the Senate Chamber who day in observance of the Rosh Hasha- ly policy luncheons. work cheerfully and diligently for long nah holiday. The majority leader looks I further ask unanimous consent that hours to keep the legislative process forward to a productive legislative pe- following the votes at 2:20, Senator moving smoothly. Help us to take no riod as we complete the appropriations FEINGOLD be recognized to speak in one for granted and express our grati- process, and he thanks all Senators in morning business for up to 30 minutes. tude to everyone. advance for their cooperation. The PRESIDENT pro tempore. With- Now we commit this day to You, for f out objection, it is so ordered. You are our Lord. Amen. Mr. BURNS. Mr. President, I yield ORDER OF PROCEDURE the floor. f Mr. BURNS. Mr. President, as in ex- The PRESIDENT pro tempore. The ecutive session, I ask unanimous con- Senator from Minnesota is recognized. PLEDGE OF ALLEGIANCE sent that at 2:15 p.m. today the Senate Mr. WELLSTONE. Mr. President, I The Honorable CONRAD BURNS, a proceed to executive session to con- ask unanimous consent that I be al- Senator from the State of Montana, led sider Calendar Nos. 173 and 175. lowed to speak for 10 minutes, followed the Pledge of Allegiance, as follows: I further ask unanimous consent that on our side by Senator BOXER and Sen- I pledge allegiance to the Flag of the following 5 minutes of debate equally ator DORGAN, 10 minutes each. United States of America, and to the Repub- divided in the usual form, the Senate The PRESIDENT pro tempore. With- lic for which it stands, one nation under God, then proceed immediately to two con- out objection, it is so ordered. indivisible, with liberty and justice for all. secutive votes on the confirmation of Mr. WELLSTONE. I thank the Chair.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10538 CONGRESSIONAL RECORD — SENATE September 8, 1999 EAST TIMOR FAMILY FARMERS Yesterday in Iowa we had an impor- Mr. WELLSTONE. Mr. President, Mr. WELLSTONE. Mr. President, I tant hearing with Senator GRASSLEY while Senator FEINGOLD is in the will take a brief period of time today, and Senator HARKIN, and we had sev- Chamber, I wish to indicate my support I say to my colleagues and to the Chair eral hundred farmers there. I said that for his effort—our effort—to make it who cares deeply about this issue as we should have a moratorium on all crystal clear to the Government of In- well, I intend to take the time I need mergers and acquisitions and mar- donesia that the brutal murder of the to give a report to the Senate and to keting agreements between agri- men and women of East Timor has to the country about what is happening in businesses with revenues over $50 mil- stop, that we will hold the Government agriculture. I say this to the Chair who lion until the Congress reviews the of Indonesia accountable, that we will I know cares deeply about this. antitrust laws. I am going to bring this do everything we can to exert our le- I have spent most all of August orga- moratorium to the floor, speaking verage, including the question of nizing with farmers. I have spent al- about concentration of power. whether there will be any financial as- most all my time in our agricultural Whatever happened to the Sherman sistance, and that the world commu- and rural communities. I can tell my Act and the Clayton Act and the work nity is watching. We want to commu- colleagues that we are now experi- of Senator Kefauver? What does it encing an economic convulsion, and on nicate from the floor of the Senate our mean when we have a few packers and our present course we are going to lose support to the people of East Timor. they control almost all of the market? a whole generation of farmers and pro- What does it mean, with our livestock f ducers. This is not just a battle or a producers facing extinction and IBP struggle for a fair price for family and ConAgra and a lot of these large farmers, it is a struggle for the sur- CBS–VIACOM MERGER outfits making record profits? vival of our rural communities. Mr. President, this is an injustice. I Mr. WELLSTONE. Mr. President, be- I spent time in northwest Minnesota, am telling Democrats and Republicans, fore going to the main topic of my re- in southeast Minnesota, in west central we have to make it a priority and we marks, I wish to briefly speak about a Minnesota, and then in southwest Min- have to push through legislation over story today in the papers that I just nesota, at one farm gathering after an- the next 2 months that will make a dif- think Senators, Democrats and Repub- other. The good news is that many ference. A lot of these farmers are licans, must take note of. This is the farmers turned out for our meetings, going to be gone if we don’t. I speak report. Top executives of CBS and and that made me proud as a Senator. today to give a brief report, although I VIACOM will be huddling today with The bad news is that people are in such am going to start coming to the floor top officials of the Federal Commu- economic pain. The bad news is that and talking at great length about the nications Commission. CBS–VIACOM people are in such desperate shape. The number of farmers we are losing. executives will be lobbying the FCC to bad news is that people who have Tracy Beckman, who directs the approve their proposed merger and to worked so hard and are asking for Farm Services Administration, has fig- relax FCC restrictions on media con- nothing more than a decent price so ures on all our counties, on what an centration. they can have a decent standard of liv- emergency situation this is, on what a Mr. President, I think that FCC ing to give their children the care they crisis situation this is, and on what we know they need and deserve are not Chairman Kennard has done an excel- can do. We can take the cap off the getting a decent price. lent job, but I do believe this private loan rate. We can rewrite the farm bill. meeting would be improper and inap- This Congress has to take action, and it has to take action this fall. We can Freedom to Farm has become the propriate. I think the meeting should ‘‘Freedom to Farm for No Money,’’ the be held in public. I think the public get the emergency financial assistance out to people. Because of the way we ‘‘Freedom to Fail.’’ We have to change needs to know what is going on. I say the farm bill. We have to take some this because I cannot think of anything are doing it, too much assistance will be going to some people who do not antitrust action. We have to be on the more frightening in a representative need it as much, and not enough will be side of family farmers and producers. democracy than to continue to see this going to many people who need it We have to make sure they get a fair consolidation of media, these media more. But it is a price crisis and we price. We have to have a fair trade pol- mergers, and this concentration of have to get the price up. We need to icy and we need to do it now. Speeches power over the flow of information. take the cap off the loan rate. We need are not enough. I think this is a terribly important to give the producer some leverage in Rural American farmers, when you question. I think it goes to the heart of the marketplace—with a farmer-owned come here next week, turn up the heat. the functioning of our democracy. Our reserve—and the ability to extend the When you meet with Senators and Rep- democracy depends upon citizen access payback period of the loan rate. We resentatives, turn up the heat. Ulti- to a wide and divergent range of views need to give our producers a fair shot. mately, it is going to take rural Amer- and information. We depend upon a free We need to get the prices up. Our farm- ica raising heck in order to turn this and independent media that will hold ers do not have cash-flow and they are situation around. both private and public power account- going to be driven off the land. This August, for me, was the most able to people. This dramatic surge in I believe our country will deeply re- difficult during my time in the Senate. media concentration makes this more gret what is now happening in agri- It was the most emotional 3 weeks I difficult. It makes it more difficult for culture. It is a food scarcity issue. Who ever spent with people in my State. I our media to perform these essential is going to farm the land? Are we going say to the Senator from California, functions. I believe we are seeing a to have affordable food? Is it going to who is a good friend, what happens at breathtaking, frightening concentra- be food that is healthy and safe for our these farm gatherings is that people tion of power in the media over the families? What about the environment? will say to you: Thanks for caring, it flow of information, and I think it con- What about the whole idea of pattern makes me feel good. And you reach out stitutes a direct threat to our democ- of land ownership? to shake their hand, and they are cry- racy. So much is at stake for America, but ing, just crying because they are going I hope this meeting and this debate I do not think this crisis, of which the to lose everything. Their farm has been will take place publicly and that there Presiding Officer is aware, is breaking in the family for generations. It is will be meaningful coverage by the through. No amount of self-reliance is where they work, it is where they live, major media in our country of this pro- going to help the farmers, given the and they are going to lose it all. The posed merger of CBS and Viacom. The prices they are getting for wheat, corn, implement dealers, the bankers, the public needs to be engaged in this de- and soybeans. Our livestock producers educators, the hospital people, and the bate. This is a serious and important are faced with the most outrageous sit- health care people all say: Our rural question. Media concentration is a real uation: they find themselves con- communities are going to be ghost threat to our representative democ- fronted with a few packers who control towns. racy. almost all of the market in terms of This is needless suffering. This does (Mr. BURNS assumed the Chair.) whom they can sell to. not have to be. This is not Adam

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10539 Smith’s invisible hand. It is not some sive prayer, calling to our attention shows without going through back- law of gravity. The only inevitability the things we take for granted, the ground checks. We banned the importa- about what is happening to family good people around here who work so tion of high-capacity ammunition clips farmers is the inevitability of a hard and always do it in a way that which are used in semiautomatic as- stacked deck. If we change policies and makes us feel as though we are not sault weapons. We required child safety give them leverage so they can get a asking them to work very hard, and we devices be sold with every handgun. We decent price in the marketplace, if we are asking them to work very hard. required the Federal Trade Commis- take on some of these conglomerates They are always pleasant. That in- sion and the Attorney General to study and put free enterprise in the food in- cludes the staff on both sides. I thank the extent to which the gun industry is dustry, and if we move forward on the Chaplain for that. marketing its products to our students, trade policy, we can make a huge dif- f our children. We made it illegal to sell ference. UNFINISHED BUSINESS or give a semiautomatic weapon to This is an issue that goes to the anyone under the age of 18. That is an heart and soul of what America is Mrs. BOXER. Mr. President, I rise assault weapon. about. America, if you are listening to today, first of all, to say it is good to These are very simple. They are very what we are saying in the Senate, this be back in the Senate because I am straightforward. We passed them in the is all about the country, this is about very hopeful we can do something, in Senate, and they are in conference. I food scarcity, this is about getting food the remaining days and weeks we have, have yet to see that conference com- at a price you can afford. It is about to make life better for the people we mittee meet. I certainly hope it will. I who is going to own the land. This is represent. I also have had some won- look forward to the opportunity for about whether or not we are going to derful interaction with the people of getting the people’s business of pro- have a rural America. This is about my State. They have some very strong tecting our children done. That is whether we are going to have a few opinions on many of the issues facing school safety. conglomerates muscle their way to the us. We have a lot of other unfinished dinner table and exercise their power I think the message I got more than business. There are not that many over all phases of the industry—over anything was, can’t you get together things but they are all very important. the producers, over the consumers, on both sides of the aisle and address We have the issue of saving Medicare— over the taxpayers—or whether we are the issues that impact our daily lives? a very important part of the Presi- committed to a family farm structure I certainly think that is an appropriate dent’s proposal, saving Medicare. We in agriculture. sentiment. have to get down to it. We have to do That is not to say that the Congress I come from a State, Minnesota, it. We have the issue of paying down shouldn’t be doing its oversight inves- where family farmers are really impor- the debt. We have a huge debt. We have tigations, be it the Waco incident or tant. They are so important to my an opportunity with the surplus to pay State, but they are important to our what has occurred in Russia. I am not against any of that. I am for that. But it down and save all those interest pay- country. I hope and pray over the next ments on the debt that we continue to 2 months we will take action in Con- we have to do everything around here. We have to do the oversight, but we pay out every single day, $1 billion a gress that will make a positive dif- day just to pay the interest payment ference and will change this policy. also have to pay attention to business. There is an article in today’s Wash- on the debt that has accumulated since I yield the floor. the 1980s. We ought to pay that down. The PRESIDING OFFICER. The Sen- ington Post written by Elizabeth Drew, who wrote a book called ‘‘The Corrup- On the minimum wage, I was amazed ator from California. to see a report in the Los Angeles Mrs. BOXER. Mr. President, before I tion of American Politics: What Went Times about the condition of people begin my remarks, I ask unanimous Wrong and Why.’’ She has a very inter- who live in Los Angeles County. I know consent that Senator FEINGOLD and esting article called ‘‘Try Governing my friend, the Chaplain, is from that Senator REED each be given 10 minutes for a Change.’’ She says to Congress: area. More than 20 percent of Los An- at the conclusion of Senator DORGAN’s Welcome back. We hope you had a nice geles County residents live below the time. Of course, if people from the vacation. We hope you will use the few official poverty line. That is $16,450 a other side want that courtesy, we will weeks that remain to govern, rather year for a family of four. This is reflec- be happy to support that. than to position yourselves politically. The PRESIDING OFFICER. Without That is my message today. We have tive of a lot of people in our Nation. It objection, it is so ordered. unfinished business. I will go through is not just Los Angeles. When most Mrs. BOXER. Mr. President, before some specifics. I am not going to just people think of Los Angeles, they Senator WELLSTONE leaves the floor, I stand up and talk in generalities. I think of Hollywood. They think of mil- thank him. I thought his comments want to be specific. lionaires. They have to understand were very poignant, and what he is ad- One of the first things we have to what is happening to real people. dressing is some of the unfinished busi- deal with is school safety. Our children Twenty percent are living in poverty. ness of this body, things we have to are back at school. We have provisions One out of every three children in Los take care of. Certainly one of them is in the juvenile justice bill that are now Angeles lives in poverty. If you go to the problems of the family farmer. in conference that can make schools Los Angeles and see little children, one safer. We also have provisions in the out of three of them is living in pov- f commerce bill that will make schools erty. That is up from one out of four in EAST TIMOR safer. What are some of these? 1990. Mrs. BOXER. Mr. President, I add my The Gregg-Boxer amendment that is You might say: Well, maybe it is just voice in praising Senator FEINGOLD for in the Commerce bill, which would pro- minority kids. No, it is a lot of chil- his leadership in the Foreign Relations vide $200 million for school safety ac- dren, across the board. It is 21 percent Committee, on which I serve, on this tivities, including security equipment, of Anglo children living in poverty; 21 whole issue of East Timor. hiring more police officers, and vio- percent of Asian American children are There are some things we can do very lence prevention programs for our chil- living in poverty in Los Angeles; 33 quickly in the Senate to send a mes- dren, is a bipartisan provision. It percent of African American children sage to Indonesia that we will not passed overwhelmingly. It ought to are living in poverty in Los Angeles; 43 stand by and see this violation of move forward. We ought to have that percent of Latino children are living in human rights occur. We have some le- help for our schools. poverty in Los Angeles; 12 percent of verage. We have some agreements. We The gun control provisions in juve- elderly people are living in poverty in can make a difference. nile justice that are so very important Los Angeles, an increase from 9 percent f and, might I add, are not radical—they in 1990; 2.7 million residents of Los An- are very moderate—I want to see us geles County have no health insurance. THANKING THE CHAPLAIN pass. What I am saying is, when we talk Mrs. BOXER. Mr. President, I thank We closed the gun show loophole that about the minimum wage, this is real. the Chaplain today for his very inclu- allowed criminals to get guns at gun Most of these people are working very

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10540 CONGRESSIONAL RECORD — SENATE September 8, 1999 hard. What is happening in our society Mr. President, I thank you for your We have not ratified this treaty. At today is people are working hard at the indulgence. I know my colleague, Sen- the meeting in Vienna, countries that very bottom levels. I think the least we ator DORGAN, has a lot to say on these have ratified it will participate in dis- can do in this incredible economic cli- and other matters. Again, I com- cussing the implementation of this mate that so many of us are benefiting pliment my friends who are taking the treaty, and this country will not be an from is to raise that minimum wage, lead on the East Timor situation. We active participant. Great Britain, Bel- save Medicare, help our seniors, pay have unfinished business to do. Let’s gium, Germany, Canada, Italy, Nor- down the debt, help the future, pass get it done and do it across the party way, Poland, and France will be but we these safety provisions so our kids are aisle and go home proud of our accom- will not. We are the largest nuclear su- safe in school, and pass a Patients’ Bill plishments. perpower on Earth and we have not of Rights. We have a watered down bill I yield the floor. ratified this treaty. in the Senate but they are going to f What about nuclear weapons and nu- pass a good one in the House. Get them clear war? I was in the presence of a DEPARTMENT OF COMMERCE, JUS- nuclear weapon recently at a military into conference and pass it, bring it TICE, AND STATE, THE JUDICI- out. installation. If you stand a foot or two ARY, AND RELATED AGENCIES away from a nuclear weapon and look Finally, campaign finance reform is APPROPRIATIONS ACT, 2000 so important. Of all these issues I have at it, it is a relatively small canister- mentioned, I am sad to say our major- The PRESIDING OFFICER. Under looking device that, upon explosion, ity leader has only put one on the the order of the Senate on July 22, the will devastate portions of our Earth. agenda for his must-do list. That is Senate having received H.R. 2670, the Going back nearly 40 years to an ad- campaign finance reform. I am glad it Senate will proceed to the bill, all after dress by John F. Kennedy, he said is there. It is there because there was a the enacting clause is stricken, the something about nuclear weapons. In threat to shut down this place if it text of S. 1217 is inserted, H.R. 2670 is fact, he quoted Nikita Khrushchev: wasn’t on there, but I am glad it is on read the third time and passed, the Since the beginning of history, war has the list. All of these other things are Senate insists on its amendment, re- been mankind’s constant companion. It has quests a conference with the House, been the rule, not the exception. Even a na- not there. tion as young and as peace-loving as our own What is worse, when you look at the and the Chair appoints Mr. GREGG, Mr. STEVENS, Mr. DOMENICI, Mr. MCCON- has fought through eight wars. A war today most important thing the Republican or tomorrow, if it led to nuclear war, would NELL, Mrs. HUTCHISON of Texas, Mr. majority wants to do, it is going to not be like any war in history. A full-scale hurt all these other things, because it CAMPBELL, Mr. COCHRAN, Mr. HOLLINGS, nuclear exchange, lasting less than 60 min- is a huge tax cut of $800 billion that is Mr. INOUYE, Mr. LAUTENBERG, Ms. MI- utes, with the weapons now in existence, going to help the people at the upper KULSKI, and Mr. BYRD conferees on the could wipe out more than 300 million Ameri- part of the Senate. echelons and hurt everyone else. There cans, Europeans, and Russians, as well as un- (The text of S. 1217 is printed in the told numbers elsewhere. And the survivors, won’t be any money for Medicare. RECORD of July 27, 1999) as Chairman Khrushchev warned the Com- There won’t be any money to save that The PRESIDING OFFICER. The Sen- munist Chinese, ‘‘the survivors would envy program. There won’t be any money to ator from North Dakota is recognized. the dead.’’ For they would inherit a world so pay down the debt so we can be good to devastated by explosions and poison and fire f our grandchildren and their children. that today we cannot even conceive of its There won’t be anything for education. THE COMPREHENSIVE NUCLEAR horrors. There won’t be anything for the envi- TEST BAN TREATY This country and Russia have 30,000 ronment. Mr. DORGAN. Mr. President, on Oc- nuclear weapons between them. Other I say to my friends, let’s do what the tober 6, 7, and 8, there will be a meet- countries want nuclear weapons, and people want us to do. Let us take care ing in Vienna, Austria. It will be they want them badly. To the extent of business. among countries that have ratified that any other country cannot test nu- There was an extraordinary field poll something called the Comprehensive clear weapons, no one will know wheth- done in California. I think it is very in- Nuclear Test Ban Treaty. That treaty er they have a nuclear weapon that structive, and it is amazing in the is embodied in this document I hold in works. No one will have certainty that scope of what it said. my hand. they have access to nuclear weaponry. It said that more than 80 percent of Now, what is the Comprehensive Nu- That is why the Comprehensive Test the people of California agreed with clear Test Ban Treaty? It is a treaty Ban Treaty is so critical. the President’s approach to the budget, negotiated by a number of countries Now, where is it? Well, it is here in which, as we know, is to take that sur- around the world; 152 countries, in fact, the Senate. It has been here 716 days, plus and use a third of it for tax cuts have signed the treaty and 44 countries with not even 1 day of hearings. Not for the middle class, a third of it for have ratified the treaty. It is a treaty one. Virtually every other treaty sent Medicare, and a third of it for edu- designed to prohibit any further explo- to the Senate has been given a hearing cation, the environment, health re- sive testing of nuclear weapons any- and has been brought to the Senate search. Now, this means the majority where in the world, at any time, under floor and debated and voted upon. The of Republicans agree with the Presi- any condition. issue of the proliferation of nuclear dent on this point. This treaty ought to be an easy trea- weapons and the stopping of explosive I think we have a golden opportunity ty for this country and this Senate to testing of nuclear weapons is not im- to come together on issues that mean a ratify. But we have not done so. At a portant enough to be brought to the lot to the people: school safety, a Pa- time when India and Pakistan explode Senate floor for a debate. It has been tients’ Bill of Rights, campaign finance nuclear weapons literally under each over 700 days. Not 1 day of hearings. reform, raising the minimum wage, other’s chins—these are two countries In October, this country, which ought saving Medicare, paying down the debt, that don’t like each other—at a time to be the moral leader on this issue, targeted tax relief to the middle class, when we have evidence of more pro- will not be present as a ratified mem- not to those at the very top who are liferation of nuclear weapons into the ber at the implementing meetings for doing very well. hands of countries that want access to this treaty. Shame on us. We have a re- And the reason I shared the survey nuclear weapons with which to, in sponsibility to do this. There are big with you on the poverty in Los Angeles some cases, defend themselves, perhaps issues and small issues in this Con- is that while the economy is terrific in other cases to terrorize the rest of gress. This is a big issue and cannot be and is going very well in California, the the world, this country ought to be ex- avoided. gap between the rich and the poor is hibiting leadership. It is our moral re- Now, I am not here to cast aspersions growing mightily. Those of us who care sponsibility to provide leadership in on any Member of the Senate. But I about our fellow human beings cannot the world on these issues. This country waited here this morning to have the turn our backs on this, regardless of ought to provide leadership on the majority leader come to the floor—and our party, because it is a recipe for issue of the Comprehensive Nuclear he was not able to come to the floor— problems in the future. Test Ban Treaty. to describe the agenda this week. When

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10541 he comes to the floor, I intend to come place, but those who do should know The trump card of those who believe the to the floor and ask him when he in- this is going to be a tough place to run United States should maintain a testing op- tends to bring this treaty to the floor. if you do not decide to bring this issue tion is that computer calculations alone can- not provide the degree of certitude about the If he and others decide it will not come to the floor of the Senate and give us reliability of weapons in the American to the floor, I intend to plant myself on the opportunity to debate a Com- stockpile that would prudently allow us to the floor like a potted plant and object. prehensive Nuclear Test Ban Treaty. forgo tests. This is a matter of continuing I intend to object to other routine busi- This will not be an easy road ahead for contention among the specialists. But what ness of the Senate until this country the Senate if you decide that this coun- seems to us much less in contention is the decides to accept the moral leadership try shall not exercise the moral leader- proposition that, given American techno- that is its obligation and bring this ship that is our responsibility on these logical prowess, the risk of weapons rotting treaty to the floor for a debate and a in the American stockpile has got to be a matters. good deal less than the risk that other coun- vote. If I might with the remaining minute tries will test their way to nuclear status. In a world as difficult as this world or so mention an editorial in the Wash- The core question of proliferation remains is, when countries such as India and ington Post from yesterday, I ask what will induce would-be proliferators to Pakistan are detonating nuclear weap- unanimous consent that it be printed get off the nuclear track. Certainly a ‘‘mere’’ ons, it is inexcusable, when so many in the RECORD. signature on a piece of paper would not stay other countries are trying to gain ac- There being no objection, the mate- the hand of a country driven by extreme nu- cess to nuclear weapons for themselves, rial was ordered to be printed in the clear fear or ambition. Two things, however, could make a difference. One is if the nuclear that this Senate, for over 2 years, has RECORD, as follows: powers showed themselves ready to accept not been willing or able to allow a de- WHY A TEST BAN TREATY? some increasing part of the discipline they bate on a treaty as important as is this The proposed nuclear test ban treaty has are calling on non-nuclear others to accept, treaty. The banning of nuclear explo- been around so long—for 50 years—and has so that the treaty could not be dismissed as sive testing all around the world at any been so shrouded in political foliage that punitive and discriminatory. The other is time, anyplace, anywhere is critically many people have forgotten just what it en- that when you embrace the test ban and re- important for our future, for our chil- tails. The current debate about it centers on lated restraints on chemical and biological weapons, you are joining a global order in dren, and for their children. the Clinton administration’s differences with the Russians on the one hand and with the which those who play by the agreed rules Now, my colleagues know—at least I Republicans on the other. But in fact the ap- enjoy ever-widening benefits and privileges hope some know—that I am fairly easy peal of the treaty is a good deal simpler and and those who do not are left out and behind. to work with. I enjoy the Senate. I more powerful than the debate indicates. President Clinton signed the test ban trea- enjoy working with my colleagues. I This treaty would put an end to underground ty, and achieving Senate ratification is one think some of the best men and women nuclear tests everywhere; tests above ground of his prime foreign policy goals. More im- I have had the privilege of working already are proscribed either by treaty or by portant, ratification would make the world a political calculation. Its merits shine safer place for the United States. Much still with in my life are here on both sides has to be worked out with the Republicans of the aisle. I have great respect for through. Testing is the principal engine of nuclear and the Russians, but that is detail work. this body. But this body, in some ways, proliferation. Without tests, a would-be nu- The larger gain is now within American is very frustrating as well because clear power cannot be sure enough the thing reach. often one or two people can hold up would work to employ it as a reliable mili- The editorial says the following: something very important. In this cir- tary and political instrument. Leaving open The core question of proliferation remains cumstance, I must ask the majority the testing option means leaving open the what will induce would-be proliferators to leader—and I will today when given the proliferation option—the very definition of get off the nuclear track. Certainly a ‘‘mere’’ opportunity when he is on the floor— instability. The United states, which enjoys signature on a piece of paper would not stay when will we have the opportunity to immense global nuclear advantage, can only the hand of a country driven by extreme nu- be the loser as additional countries go nu- debate this Comprehensive Test Ban clear fear or ambition. Two things, however, clear or extend their nuclear reach. The as- could make a difference. One is if the nuclear Treaty. piring nuclear powers, whether they are powers showed themselves ready to accept That meeting in October should not anti-American rogue states or friendly-to- some increasing part of the discipline they proceed without this country providing America parties to regional disputes, sow are calling on non-nuclear others to accept, a leadership role. The only way that danger and uncertainty across a global land- so that the treaty could not be dismissed as can happen is for us to have ratified scape. No nation possibly can gain more than punitive and discriminatory. The other is the treaty. China and Russia have not we do from universal acceptance of a test that when you embrace the test ban and re- ratified the treaty; that is true. They ban that helps close off others’ options. lated restraints on chemical and biological At the moment, the treaty is hung up in are waiting on this country. India and weapons, you are joining a global order in the Senate by Republicans desiring to use it which those who play by the agreed rules Pakistan are now talking about deto- as a hostage for a national missile defense of enjoy ever-widening benefits and privileges nating more nuclear weapons; that is their particular design. This is curious. The and those who do not are left out and behind. true. They are asking others to implore obstructionists pride themselves in believing The point is that this country must one or the other to ratify this treaty. American power to be the core of American demonstrate moral leadership on this Both countries are waiting for this security. Why then do they support a test ban holdup that multiplies the mischief and issue and must do it now. country’s leadership. What kind of Seventy to eighty percent of the credibility does this country have to go menace of proliferators and directly erodes American power? The idea has spread that American people support the ratifica- to India and Pakistan and say to them, Americans must choose between a test ban tion of this treaty. Most American peo- ‘‘You must ratify this treaty,’’ and treaty and a missile defense. The idea is ple understand that this issue is about when they turn to us to say, ‘‘Have false. These are two aspects of a single who is going to have access to nuclear you?’’ we would say no? Somehow, the American security program, the one being a weapons in the future. And, inciden- Senate could not, in 700 days, even hold first resort to restrain others’ nuclear ambi- tally, on the issue of nonproliferation 1 day of hearings on the Comprehensive tions and the other a last resort to limit the of nuclear weapons, which is about as Nuclear Test Ban Treaty. damage if all else fails. No reasonable person important an issue as there is for us, would want to cast one of these away, least We have to do better than that. I am this is a baby step. If we can’t take the sorry if I am going to cause some prob- of all over details of missile program design. Those in the Senate who are forcing an ei- baby step of ratifying this treaty, what lems around here with the schedule. ther-or choice owe it to the country to ex- on Earth will be the result of tougher, But frankly, as I said, there are big plain why we cannot employ them both. more difficult things we are called issues and there are small issues. This The old bugaboo of verification has arisen upon to do? is a big issue. And I am flat tired of in the current debate. There is no harm in This isn’t Republican or Democrat. It seeing small issues around this Cham- conceding that verification of low-yield tests is a responsibility for all Members of ber every day in every way, when the might not be 100 percent. But the reasonable the Senate to say it is outrageous that big issues are bottled up in some com- measure of these things always has been whether the evasion would make a dif- after 700 days, a treaty that has been mittee and the key is held by one or ference. The answer has to be that cheating signed and sent to the Senate has not two people. Then we are told: If you do so slight as to be undetectable by one or an- been ratified or had one day of hear- not like it, tough luck; you don’t run other American intelligence means would ings. We have an obligation and a re- this place. It is true, I don’t run this not make much difference at all. sponsibility. We, in my judgment, have

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10542 CONGRESSIONAL RECORD — SENATE September 8, 1999 a right to expect this be brought to the But in terms of the priority of this The net result is a situation that is floor for a debate and a vote. country, I think our colleagues need to very different from that which per- The PRESIDING OFFICER. The Sen- understand that treaty can’t even go tained at the turn of the century when ator’s time has expired. into effect until 100 percent of the we had very healthy forests of very The Senator from Wyoming is recog- major countries of the world sign it. large trees that were spaced quite a nized. There are many countries that haven’t distance apart, with meadows in be- f signed it. It is going to be years before tween, with a lot of good grass that that treaty goes into effect. There is no livestock and wild animals could graze ORDER OF PROCEDURE rush for the United States to have to on, and which were not prone to forest Mr. THOMAS. Mr. President, I think take up that treaty. fire because the fire would work along we have 30 minutes assigned in morn- To be threatened with stopping all the ground when it occurred. It would ing business. I want to begin to talk business of the Senate until it can de- reduce the fuel load on the ground, but about what I think is a very big issue; bate the Comprehensive Test Ban Trea- it would never get to be the kind of that is, the appropriations discussions ty, I hope my colleague will reconsider crown fire we have just seen on tele- that will take place on the Interior and his position on that. We talk about vision that has been experienced in sev- related agencies which will start after what I consider to be first things first, eral States in the West, not the least of morning business. and that would be to finish our busi- which is in California. I would like to yield to my friend, ness here, which is, first of all, to get You get the crown fires when you the Senator from Arizona. the appropriations bills passed and sent have a lot of brush on the ground. You The PRESIDING OFFICER. We have to the President for his consideration. have these small, dense trees and many time reserved for the Senator from f come under the boughs of the great big Wisconsin. The Chair was alternating trees. The fire starts on the ground and back and forth. INTERIOR AND RELATED AGENCIES APPROPRIATIONS goes right up to the crown of the other Mr. THOMAS. It was my under- trees. We have all seen from those tele- standing that we had an hour of time Mr. KYL. Mr. President, one of the vision pictures the explosive power of and half was ours and half of it was al- appropriations bills we have yet to act the fires. It is a horrendous situation. ready used. upon is the Interior appropriations bill, It threatens life and limb as well as the The PRESIDING OFFICER. They as Senator THOMAS pointed out. He destruction of the forest and all that is have time remaining. The Senate had a comes from the State of Wyoming. I within it. late start. come from the State of Arizona. Prac- We have to find a way to better man- Mr. FEINGOLD. Mr. President, if I tically every State west of the Mis- age our forests. We have been for some could be of help, it is my understanding sissippi is significantly impacted by time urging the Department of Agri- they have 30 minutes and, subsequent this bill because, as I am sure you are culture and the Department of the In- to that, Senator REID and I will each well aware, Mr. President, coming from terior to work on a management pro- have 10 minutes. That is my under- the State of Montana, more than a gram which essentially involves the standing of the unanimous consent third of this Nation’s lands are owned thinning of these small-diameter trees, agreement. by the Federal Government. Most of leaving the large-diameter trees—leav- The PRESIDING OFFICER. The Sen- those are in the western United States. ing the old growth but thinning out the ator from Arizona. Many of those lands are under the ju- small-diameter trees, and then doing Mr. KYL. Thank you, Mr. President. risdiction of the Department of the In- controlled burns to get rid of the fuel I thank the Senator from Wisconsin terior. load, and after that letting nature take and I thank Senator THOMAS from Wy- This is an extraordinarily important its course. oming. bill for the people of our States. I just We have found from experimen- f want to discuss one aspect of it that is very important for my State of Arizona tation—primarily through Northern THE NUCLEAR TEST BAN TREATY and other States in the western United Arizona University, Dr. Walley Cov- Mr. KYL. Mr. President, I just want States. ington, and others who have done the to talk for a brief bit of time on the In- We have a very difficult condition in research and demonstration projects terior appropriations bill and on some our national forests now. They have we have funded—that the trees become matters that are very important to been probably—I think it is not too more healthy. The pitch content of the people throughout this country, par- strong a term—‘‘mismanaged’’ over the trees increases significantly. So they ticularly in the West. But let me begin years. It has been a combination of are less susceptible to bark beetles and by making a comment about what the things. It has been the combination of other kinds of insect damage. The Senator from North Dakota has just the Forest Service, the Department of grasses grow up underneath the trees said. In fact, he has said that he is Agriculture, the Department of the In- as they didn’t do before. The protein going to threaten to bring the business terior, the grazing on public lands, the content of the grasses is significantly of the Senate to a halt unless he gets way that fire suppression has taken off, higher. So it is much better grazing for his way, and what he wants to do is and some other things which have re- the forest animals. In every respect, have a debate on the Comprehensive sulted in the condition where, instead from an environmental point of view, it Test Ban Treaty. of healthy forests of large trees that is a better situation than that which There are a lot of important things have great environmental value and pertains today. facing this country. But to quote from value to the other flora and fauna in This takes money because you have the President of the United States, who the forest and which present a rel- to pay to go in and do the thinning. very recently gave a talk about putting atively safe situation in terms of forest Each one of these projects requires a first things first, it seems to me that fires, we now have a situation in the substantial amount of money. most of the American people would West where our forests are literally be- So far, the research has been done on like to put first things first, and that coming overgrown. small plots of land. But according to would include matters such as the con- They are becoming so thick and the General Accounting Office, we have tinuation of the running of the Govern- dense with small-growth trees that: about 25 to 30 years maximum to treat ment for the next year which would re- (A) They are very fire prone. all of our forests or we are going to be quire us to pass appropriations bills to (B) They are not resistant at all to into a contagion situation with very fund the various Departments of the disease and to insects. little hope of saving these forests. In Government, not the least of which is (C) They are not environmentally fact, we have about 39 million acres of the Department of the Interior which pleasing at all. national forest lands in the interior is what we are going to be talking (D) None of the trees grow up to be West that are at high risk of cata- about next. There will be plenty of very large because they are all com- strophic fire, and only this brief period time to debate the Comprehensive Test peting for the moisture and the nutri- of maybe 25 years to effectively man- Ban Treaty. ents in the soil. age these forests.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10543 There are two major impediments to not work effectively in delivering serv- erals; mostly oil, trona, soda ash or solving the problem. One is agency in- ices. I think that is especially true coal; Wyoming is the largest producer ertia. It has taken a long time to get when we start talking about the man- of coal in the country which most peo- the agencies up and running. Secretary agement of resources and the manage- ple don’t realize—is income for the Babbitt has been supportive of this ment of lands. State and the Federal Government concept. There are extremists in the This chart shows the Federal land with their royalties. environmental community who want holdings by State. The color brown rep- We have currently and in this bill we to prevent any management of the for- resents almost all New England States will talk about funding for the Fish est. Many fine environmental groups with less than 1 percent of their total and Wildlife Service which manages are supportive of participation in this land surface held by the Federal Gov- the Endangered Species Act. This is a program, but there are extremists who ernment. Blue represents States with 1 very difficult area. Everyone wants to file lawsuits to try to prevent any percent to 5 percent, including much of preserve critters, animals, and plants management. the South and the Midwest. Five to 10 that are endangered. At the same time, I have asked Forest Service Chief percent are the purple-colored States. there are some questions when we have Dombeck to support a dramatic in- In the West, the yellow-colored States an animal in some danger. First, the crease in forest restoration. In fact, the have up to 65 percent of the State’s grizzly bears or wolves; now we have Forest Service plans to implement surface belonging to the Federal Gov- the Preble’s Meadow jumping mouse three to four large-scale projects of ernment. It is a unique proposition. listed as endangered. It becomes al- 100,000 to 300,000-acre size during fiscal Furthermore, there are States in green most a threat to the private land own- year 2000. The fiscal year 2000 budget that go beyond that. This map shows ers who are restricted from using their for the Forest Service called for reduc- almost 83 percent of Nevada—actually I lands as they desire because of the po- ing fuels on only 1.3 million acres, think it is probably 87 percent of Ne- tential threat of endangerment. down from 1.5 million planned for 1999. vada’s surface—belonging to the Fed- These are the issues we deal with. We The GAO estimates a very substan- eral Government. The same is true in deal with PILT payments, payments in tial increase in funding will be nec- Alaska. lieu of taxes. Fifty percent of the State essary, probably up to $725 million an- There is a great deal of difference in belongs to the Federal Government. nually, in order to adequately address how we do this. The lands belong to ev- There are no taxes as in private lands. this problem. I strongly support in- eryone. The economy of the States de- In this bill, there is funding for PILT creased restoration funding for this pends on Federal decisions that are payments. We will have an amendment fuels reduction program, including the made, including the jobs for everyone to raise it. Forest Service new line-item request who lives there. Local county govern- The counties provide hospital serv- ice, the counties provide policing, the for the forest ecosystem restoration ments take care of all services tran- counties provide all the services to improvement fund. This will be used to spiring on Federal lands. these lands but have received no rev- support forest restoration projects Let me show you an enlarged map of enue as the case would be if they had where current funding is not available Wyoming. This map gives you an idea been private lands. These are the or feasible, particularly in a situation of the amount of land in Wyoming be- longing to the Federal Government or things with which we deal. where the materials are available to be Much of this supports grazing. public lands. This is an Indian reserva- cut have no commercial value. Ranchers in Wyoming have permits. I plan to continue my efforts to sup- tion. Purple represents national parks. They pay so much per animal unit for We are very proud of them. The green port this. I know the Senator from Wy- grazing. We have a problem now be- represents U.S. forest reserves. The oming is strongly supportive of man- cause the Forest Service or the BLM interspersed yellow represents land aging our national forests—both the has not done a NEPA study for permit forests under the jurisdiction of the managed by the Bureau of Land Man- renewal. Unfortunately, they have not Department of Agriculture and the De- agement. Where the railroads went been able to complete the NEPA stud- partment of Interior—in a very sen- through in the early years are checker- ies. Now we are faced with the ques- sible fashion. We are just now starting board lands, with every other section tion: Does the grazing lease expire be- this. It has taken a few years to get being owned by the Federal Govern- cause there has not been a study? consent on the right way to do this. We ment. There are control and access There will be an amendment that have a lot more funding to provide. We problems for all of these areas. says you can go ahead and extend the need much more agency support for We depend highly upon the dollars grazing lease and let the BLM go ahead this forest restoration if we are going made available through the Interior and make the study; it doesn’t preclude to save the national forests of this appropriations. We have had much in- the study. The study will still be made, great country. volvement with the decisions made by but it allows the grazing to continue I think this is very important not the land management agencies in these because it is no fault of the grazer the only for the people in the West but areas, whether it be BLM or others. I study has not been made. throughout the country. I think it de- want to emphasize how important it is The Senator from Arizona talked serves our attention and our priority. to talk about some of these important about forests and forest management. I appreciate the opportunity for dis- issues. Obviously, in many cases there is some cussion this morning, and I thank the For example, these lands are basic kind of harvesting of mature timber. If Senator from Wyoming for reserving lands. BLM lands were largely residual it is not harvested and managed in the time to talk about these important that remained after the Homestead Act way you take it out, then it burns. issues. expired. They generally are lands in I just came back from spending sev- Mr. THOMAS. Mr. President, I take the plains of our State. The home- eral days in Yellowstone Park where this time to talk about the uniqueness steaders came in along the rivers and we had a gigantic fire in the late of the public lands of the West. It is creeks, taking the most productive eighties. It is discouraging to see how very clear there are great differences lands. The other lands remain managed long it takes to reforest an area of that among the States in terms of land by the BLM. To remain an agricultural kind. management, the kinds of land owner- unit it is always necessary to have the We are dealing again in this bill with ship that exist, and the delivery of productive lands and the other lands financing what is called the clean health care. for grazing. We use them for multiple water action plan which has to do with Wyoming is a large State. I think we use. nonpoint source water controls. One are the eighth largest State in the Everyone in Wyoming wants to use hundred eleven ideas, put forth by EPA United States yet the smallest in popu- the lands for wildlife, for the preserva- to do some things like that, frankly, lation. We have small towns. There are tion of wildlife, hunting, hiking. In- are going to be extremely difficult and twice as many people in Fairfax Coun- deed, they can be used together. It is will have much to do with the utiliza- ty as there are in the State of Wyo- sometimes difficult to find agreement. tion and multiple use of these lands be- ming. The point I make is ‘‘one size fits Multiple use, whether for mineral pro- cause you have to have the water to do all’’ in many areas of operation does duction or not—all the lands yield min- that.

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We talk about droughts in the East. Ms. Pechman was chosen by a selec- to come to a vote after 31⁄2 years, he Frankly, this kind of area does not get tion committee jointly appointed by would be confirmed. It is a scandal, a as much rainfall in a normal year as we my colleague, Senator MURRAY, and shame on the Senate that we do not did in a drought. This is 14 inches per myself, and was jointly recommended confirm this nominee. year. The water, the runoff, and the ir- by the two Senators from the State of His treatment recalls the criticism rigation are a very real part of it. Washington to President Clinton. The the Chief Justice of the United States, We are going to move into this area President has therefore engaged fully William Rehnquist, has made of the this afternoon. I am very pleased with in the normal advice and consent proc- Senate. He pointed out that after a pe- what has been done. The Senator from ess for choosing Federal judges for this riod for review nominations should be Washington has put together a bill vitally important lifetime position. voted up or voted down. He pointed out which I think has great merit. We are Judge Pechman has significant judi- that too many nominations were being trying to do some things that will cial experience. She has served as a su- held up too long. The nomination of make it more workable in terms of oil perior court judge in King County, Judge Richard Paez is currently Ex- royalties, grazing fees, and some of the Washington, for a period of 11 years, hibit A. other things that do become controver- handling a wide range of cases, taking We are not doing our job. We are not sial. an active role in improving the admin- being responsible. We are being dis- I urge people to take a look at the istration of justice, and instructing honest, condescending, and arrogant situation, even though they do not live and teaching other judges and lawyers. toward the judiciary. It deserves better here, and try to understand why some Before becoming a judge, Marsha and the American people deserve bet- of these things need to be handled a lit- Pechman worked as a deputy pros- ter. tle bit differently because of the situa- ecuting attorney in King County and We have less than 8 weeks in which tion we have in the West. was later made a partner in a signifi- the Senate is scheduled to be in session I thank the Chair for the opportunity cant, major law firm in the city of Se- the remainder of the year. We have our to talk about this bill. I believe we attle. work cut out for us if we are to con- have used our time, or very close to it. I ask my colleagues to join with my sider the 49 judicial nominations pend- I yield back the time if we have not. colleague from the State of Wash- ing at the start of this week and others The PRESIDING OFFICER. The Sen- ington and myself in approving a first- who are being nominated over the next ator from Wisconsin. rate nomination on the part of the few weeks. Mr. FEINGOLD. I thank the Chair. President, Judge Marsha Pechman, to In spite of our efforts last year in the (The remarks of Mr. FEINGOLD and serve as United States District Court aftermath of strong criticism from the Mr. REED pertaining to the introduc- Judge for the Western District of Chief Justice of the United States, the tion of S. 1568 are located in today’s Washington. vacancies facing the Federal judiciary RECORD under ‘‘Statements on Intro- The PRESIDING OFFICER. The are, again, approximately 70 and the duced Bills and Joint Resolutions.’’) Chair recognizes the Senator from vacancies gap is not being closed. We f Vermont. have more Federal judicial vacancies Mr. LEAHY. Mr. President, I thank extending longer and affecting more RECESS the Republican leadership for allowing people. Judicial vacancies now stands The PRESIDING OFFICER. Under the Senate to consider and confirm two at over 8 percent of the Federal judici- the previous order, the Senate stands more outstanding judicial nominations ary. If one considers the additional in recess until the hour of 2:15 p.m. today. Marsha Pechman and Adalberto judges recommended by the Judicial There being no objection, the Senate, Jose Jordan had confirmation hearings Conference, the vacancies rate would at 1:19 p.m. recessed until 2:16 p.m.; on July 13. They were favorably re- be over 15 percent. whereupon, the Senate reassembled ported by the Judiciary Committee Nominees deserve to be treated with when called to order by the Presiding long before the August recess. dignity and dispatch—not delayed for Officer (Mr. ENZI). I regret that they were not confirmed two and three years. We are seeing out- f at that time along with the other 11 ju- standing nominees nitpicked and de- dicial nominees on the Senate calendar layed to the point that good women EXECUTIVE SESSION who are still awaiting Senate action. and men are being deterred from seek- The PRESIDING OFFICER. Under With these confirmations today—and I ing to serve as federal judges. Nomi- the previous order, the hour of 2:15 p.m. predict they will be confirmed—the nees practicing law see their work put having arrived, the Senate will now go Senate will finally have confirmed on hold while they await the outcome into executive session to consider Ex- more than a dozen judges this year. By of their nominations. Their families ecutive Calendar orders numbered 173 comparison, last year at this time the cannot plan. and 175. Senate had confirmed 39 judges, not The President spoke about the vacan- The nominations will be stated. just 13; by this time in 1994, the Senate cies crisis again last month. Certainly THE JUDICIARY had confirmed 58 judges, not just 13. no President has consulted more close- The legislative clerk read the nomi- In the past I have challenged the ly with Senators of the other party on nations of Adalberto Jose Jordan, of Senate to try to keep up with Sammy judicial nominations. The Senate Florida, to be United States District Sosa’s home run pace. He has 58 home should get about the business of voting Judge for the Southern District of runs so far this year. We are behind not on the confirmation of the scores of ju- Florida, and Marsha J. Pechman, of just his home run pace but the home dicial nominations that have been de- Washington, to be United States Dis- run pace set by National League pitch- layed without justification for too trict Judge for the Western District of ers. long. We must redouble our efforts to Washington. The Senate has ready for action the work with the President to end the The Senate proceeded to consider the nominations of Marsha Berzon to the longstanding vacancies that plague the nominations. Ninth Circuit, Justice Ronnie White to federal courts and disadvantage all The PRESIDING OFFICER. Under the District Court in Missouri, and Americans. That is our constitutional the previous order, there will be 5 min- many other qualified nominees. responsibility. utes of debate equally divided. The current nomination delayed the The PRESIDING OFFICER. If all Who seeks time? longest is that of Judge Richard Paez. time is yielded back, the Senate will The Chair recognizes the Senator He has been held up for over 31⁄2 years, now proceed to vote. The question is, from Washington. yet can anybody on this floor state Will the Senate advise and consent to Mr. GORTON. Mr. President, I would with confidence that if he were allowed the nomination of Adalberto Jose Jor- like to express my enthusiastic support to have a rollcall vote, he would not be dan, of Florida, to be a United States for the nomination of Judge Marsha J. confirmed. The Judiciary Committee District Judge for the Southern Dis- Pechman to serve on the United States twice reported the nomination favor- trict of Florida? The yeas and nays District Court for the Western District ably. If we were honest and decent have been ordered and the clerk will of Washington. enough in the Senate to allow this man call the roll.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10545 The legislative clerk called the roll. The PRESIDING OFFICER (Mr. The law reserves to Congress the au- Mr. NICKLES. I announce that the CRAPO). Are there any other Senators thority to designate wilderness areas, Senator from Utah (Mr. HATCH), the in the Chamber desiring to vote? and directs the federal land manage- Senator from Arizona (Mr. MCCAIN), The result was announced—yeas 93, ment agencies to review the lands the Senator from Alaska (Mr. MUR- nays 1, as follows: under their responsibility for their wil- KOWSKI), and the Senator from Ohio [Rollcall Vote No. 263 Ex.] derness potential. (Mr. VOINOVICH) are necessarily absent. YEAS—93 The original Wilderness Act estab- I further announce that, if present Abraham Durbin Levin lished 9.1 million acres of Forest Serv- and voting, the Senator from Utah (Mr. Akaka Edwards Lieberman ice land in 54 wilderness areas. Now, HATCH) would vote ‘‘yes.’’ Allard Enzi Lincoln after passage of 102 pieces of legislation Ashcroft Feingold Lott Mr. REID. I announce that the Sen- Baucus Feinstein Lugar the wilderness system is comprised of ator from Maryland (Mr. SARBANES) Bayh Fitzgerald Mack over 104 million acres in 625 wilderness and the Senator from Maryland (Ms. Bennett Frist McConnell areas, across 44 States, and adminis- Biden Gorton Moynihan tered by four federal agencies: the For- MIKULSKI) are absent because of at- Bingaman Graham Murray tending a funeral. Bond Gramm Nickles est Service in the U.S. Department of The result was announced—yeas 93, Boxer Grams Reed Agriculture, and the Bureau of Land nays 1, as follows: Breaux Grassley Reid Management, the Fish and Wildlife Brownback Gregg Robb [Rollcall Vote No. 262 Ex.] Bryan Hagel Roberts Service, and the National Park Service YEAS—93 Bunning Harkin Rockefeller in the Department of the Interior. Burns Helms Roth As we in this body know well, the Abraham Durbin Levin Byrd Hollings Santorum passage and enactment of legislation of Akaka Edwards Lieberman Campbell Hutchinson Schumer Allard Enzi Lincoln Chafee Hutchison Sessions this type is a remarkable accomplish- Ashcroft Feingold Lott Cleland Inhofe Shelby ment. It requires steady, bipartisan Baucus Feinstein Lugar Cochran Inouye Smith (OR) commitment, institutional support, Bayh Fitzgerald Mack Collins Jeffords Snowe Bennett Frist McConnell Conrad Johnson Specter and direct leadership. The United Biden Gorton Moynihan Coverdell Kennedy Stevens States Senate was instrumental in Bingaman Graham Murray Craig Kerrey Thomas shaping this very important law, and Bond Gramm Nickles Crapo Kerry Thompson this anniversary gives us the oppor- Boxer Grams Reed Daschle Kohl Thurmond Breaux Grassley Reid DeWine Kyl Torricelli tunity to recognize this role. I am hon- Brownback Gregg Robb Dodd Landrieu Warner ored today to be joined on the floor by Bryan Hagel Roberts Domenici Lautenberg Wellstone one of the three Senators remaining in Bunning Harkin Rockefeller Dorgan Leahy Wyden Burns Helms Roth this body who have the distinguished Byrd Hollings Santorum NAYS—1 honor of having voted for this legisla- Campbell Hutchinson Schumer Smith (NH) tion, the Senior Senator from West Chafee Hutchison Sessions Cleland Inhofe Shelby NOT VOTING—6 Virginia (Mr. BYRD). I look forward to Cochran Inouye Smith (OR) Hatch Mikulski Sarbanes his remarks at the conclusion of my Collins Jeffords Snowe McCain Murkowski Voinovich own. The Senior Senator from Massa- Conrad Johnson Specter Coverdell Kennedy Stevens The nomination was confirmed. chusetts (Mr. KENNEDY) and the Senior Craig Kerrey Thomas The PRESIDING OFFICER. The mo- Senator from Hawaii (Mr. INOUYE), who Crapo Kerry Thompson tions to reconsider are laid upon the also voted for this legislation, have Daschle Kohl Thurmond asked that their remarks regarding DeWine Kyl Torricelli table, and the President will be imme- Dodd Landrieu Warner diately notified of the Senate’s action. this anniversary be included in the Domenici Lautenberg Wellstone RECORD. Their remarks will also appear f Dorgan Leahy Wyden in the RECORD together with my re- NAYS—1 LEGISLATIVE SESSION marks on the Wilderness Act anniver- Smith (NH) The PRESIDING OFFICER. The Sen- sary. ate will return to legislative session. In addition, I understand that the NOT VOTING—6 The PRESIDING OFFICER. Under Ranking Member of the Energy Com- Hatch Mikulski Sarbanes the previous order, the Senator from mittee (Mr. BINGAMAN) has a statement McCain Murkowski Voinovich Wisconsin, Mr. FEINGOLD, is recognized on the anniversary. The nomination was confirmed. to speak for up to 30 minutes as in Under the Wilderness Act, wilderness The PRESIDING OFFICER. The mo- morning business. is defined as ‘‘an area of undeveloped tions to reconsider are laid on the f federal land retaining its primeval table. character and influence which gen- The Senate will now proceed to vote THE SENATE WILDERNESS AND erally appears to have been affected on Executive Calendar No. 175. The PUBLIC LANDS CAUCUS primarily by the forces of nature, with question is, Will the Senate advise and Mr. FEINGOLD. Mr. President, I rise the imprint of man’s work substan- consent to the nomination of Marsha J. to commemorate the 35th anniversary tially unnoticeable.’’ The concept of Pechman to be United States District of the Wilderness Act of 1964, which the creation of a national wilderness Judge for the Western District of was signed into law on September 3, system marked an innovation in the Washington? The yeas and nays have 1964 by President Lyndon B. Johnson, American conservation movement— been ordered. The clerk will call the and to announce the formation of a wilderness would be a place where our roll. Senate Wilderness and Public Lands ‘‘management strategy’’ would be to The legislative clerk called the roll. Caucus. The Wilderness Act became leave lands essentially undeveloped. Mr. NICKLES. I announce that the law seven years after the first wilder- Congress lavished more time and ef- Senator from Utah (Mr. HATCH), the ness bill was introduced by Senator fort on the wilderness bill than almost Senator from Arizona (Mr. MCCAIN), Hubert H. Humphrey of Minnesota. The any other measure in conservation his- the Senator from Alaska (Mr. MUR- final bill, sponsored by Senator Clinton tory. The original bill established 9.1 KOWSKI), and the Senator from Ohio Anderson of New Mexico, passed the million acres of federally protected (Mr. VOINOVICH) are necessarily absent. Senate by a vote of 73–12 on April 9, wilderness in national forests. From I further announce that, if present 1963, and passed the House of Rep- June 1957 until May 1964 there were and voting, the Senator from Utah (Mr. resentatives by a vote of 373–1 on July nine separate hearings on the proposal, HATCH) would vote ‘‘yes.’’ 30, 1964. The Wilderness Act of 1964 es- collecting over six thousand pages of Mr. REID. I announce that the Sen- tablished a National Wilderness Preser- testimony. The bill itself was modified ator from Maryland (Mr. SARBANES) vation System ‘‘to secure for the and rewritten sixty-six different times. and the Senator from Maryland (Ms. American people of present and future Twenty different Senators made state- MIKULSKI) are absent because of at- generations the benefits of an enduring ments on the legislation. Much of the tending a funeral. resource of wilderness.’’ delay in reaching a final version

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10546 CONGRESSIONAL RECORD — SENATE September 8, 1999 stemmed from the conflicts between an open mind will ever again, with a ator BAYH will be joining me in this ef- the scope of the bill’s restrictions on clear conscience, be able to step up and fort. I encourage any member of the mining, grazing, oil and other extrac- testify against the wilderness bill.’’ Senate interested in learning about tive activities on designated wilderness For others, the ideas of Olson and and working on these issues to join our areas and the need for the law to be Muir provided a justification for the caucus, and I am grateful to these flexible in the light of pre-existing ac- wilderness system, particularly that members who are willing to lend their tivities. The bill’s supporters argued the country’s strength depends upon time and leadership. that the measure gave legal sanction blending contact with the primitive I feel it is time to promote and re-de- to the areas already being managed by into a civilized existence because the velop expertise on these issues in the the Forest Service as primitive areas. frontier played such a central role in Senate. In the early days of the Wilder- More importantly, they successfully the our history. ness Act many Senators had expertise argued that Congressional action was Passage of the Wilderness Act of 1964 on these issues, and ad hoc coalitions necessary because the wilderness that has not terminated the American de- formed to pass large bills with provi- exists is its own finite resource. bate over the meaning, value and need sions for a number of states. However, More than a century of development to protect wild country. As I men- now that the Senate has lost its zeal had brought greatly changed condi- tioned, the wilderness system has dra- for the continuing work of identifying tions to both public and private lands matically expanded under both Repub- and designating wilderness areas this throughout the country. ‘‘If the year lican and Democratic leadership. The expertise has dwindled. Without a new were 1857 instead of 1957,’’ one sup- number of wildernesses established and dedication to re-building this exper- porter of the bill wrote in the Living acres designated by each Congress has tise, wilderness and public lands issues Wilderness, the Wilderness Society’s varied greatly from year to year. There will remain increasingly divisive, de- newsletter, ‘‘I’d say definitely no [to a have been only nine individual years spite a resurgent public interest in our wilderness bill]. But given the almost since passage of the Wilderness Act wilderness and an increased public de- total dominance of developed civiliza- when no wildernesses were designated, sire for Congress to extend additional tion, I am compelled to work for saving and 1965 to 1967 was the only period of protection to federal lands of wilder- the remnants of undeveloped land.’’ I three consecutive years in which no ness quality. think those remarks apply just as well wilderness legislation was passed by I intend for the caucus to meet as to the state of our federal lands today, Congress. In 1984, during the Reagan necessary during each Senate session more than thirty-five years later. Administration, 175 wildernesses were in pursuit of several objectives: My interest in this law stems from established, more than double any To assist members in defending exist- the fact that Wisconsin has produced other year’s addition. Despite the ing wilderness areas, and other federal great wilderness thinkers and leaders record number of new wildernesses in land resources already protected in the in the wilderness movement such as 1984, the largest number of wilderness public trust, from activities that have Aldo Leopold, Sigurd Olsen, John Muir acres was designated in 1980 with pas- the potential to significantly affect the and former Senator Gaylord Nelson. sage of the Alaska National Interest qualities for which they were des- ignated. Senator Nelson was a co-sponsor of the Lands Conservation Act, which added To support and provide advice to Wilderness Act of 1964, along with over 56 million acres to the National members seeking opportunities to des- former Wisconsin Senator William Wilderness Preservation System. Com- ignate new wilderness areas. Proxmire. I am proud to now hold the bined with other wilderness laws To provide members with a bipar- Senate seat that Senator Nelson held passed that year, nearly 61 million tisan forum in which to discuss wilder- with distinction from 1963 to 1981. As a acres of wilderness were designated in ness and other public land protection Senator from Wisconsin, I have a spe- 1980, more than 6 times the number of and management issues and learn from cial depth of feeling about this issue. acres passed in any other year. others’ expertise. The testimony at Congressional hear- Significant additions to the system To educate members about the Wil- ings and the treatment of the bill in continued up until 1994, when Congress derness Act and other federal land the press of the day reveals Wisconsin’s passed the California Desert Protection management statutes, and to improve crucial role in the long and continuing Act. Despite this accomplishment, Con- understanding of the appropriate uses American debate about our wild places, gress has gotten out of the habit of of various federal land management and the development of the Wilderness passing wilderness bills which protect designations and the federal financial Act. The names and ideas of John our remaining wilderness-quality fed- and management requirements needed Muir, Sigurd Olson, and Aldo Leopold, eral lands. In the 105th Congress, the to implement them. especially Leopold, appear time and Senate’s actions were much more mod- Mr. President, many would agree time again in the legislative history. est—we added about 160 acres to the that more must be done to protect our Senator Clinton Anderson of New Eagles Nest Wilderness in Colorado. wild places. One of the things that Mexico, chairman of what was then However, Congress has much bolder needs to be done, particularly on the called the Committee on Interior and bills before it, with bipartisan support, cusp of the Millennium, is to examine Insular Affairs, stated that his support such as the bills to designate 9.1 mil- and improve the ability of this body to of the wilderness system was the direct lion acres in Utah and the coastal plain understand and grapple with these result of discussions he had held al- of the Arctic National Wildlife Refuge issues in the public interest. This is a most forty years before with Leopold, as wilderness. In addition, President great institution, with a strong con- who was then in the Southwest with Clinton proposed a new omnibus Na- servation history, which has produced the Forest Service. It was Leopold who tional Parks wilderness bill in his the Wilderness Act, one of the gems of advocated, while with the Forest Serv- State of the Union. We need to address conservation law. I am actively com- ice, the creation of a primitive area in these measures, and to revitalize the mitting to working on wilderness the Gila National Forest in New Mex- tradition of statewide and state delega- issues because I believe it to be in the ico in 1923. The Gila Primitive Area tion led wilderness bills. Wisconsin tradition, and, as a Senator, formally became part of the wilderness In order to get the Senate in a posi- I am trying to use the tools I have been system when the Wilderness Act be- tion to act on wilderness issues, I hope given by the people of Wisconsin to came law. In a statement in favor of to raise awareness of the importance of build the leadership needed to defend the Wilderness Act in the New York wilderness in the Senate. I have been these places. Times, then Secretary of the Interior working to organize a Wilderness and In conclusion, I would like to remind Stewart Udall discussed ecology and Public Lands Caucus that will help the colleagues of the words of Aldo Leopold what he called ‘‘a land ethic’’ and re- Senate to renew its bipartisan commit- in his 1949 book, A Sand County Alma- ferred to Leopold as the instigator of ment to the active protection of wil- nac. He said, ‘‘The outstanding sci- the modern wilderness movement. At a derness and public lands. Today I am entific discovery of the Twentieth Cen- Senate hearing in 1961, David Brower of delighted to announce that Senator tury is not the television, or radio, but the Sierra Club went so far as to allege MCCAIN, Senator DURBIN, Senator rather the complexity of the land orga- that ‘‘no man who reads Leopold with FEINSTEIN, Senator MURRAY, and Sen- nism. Only those who know the most

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10547 about it can appreciate how little is mountains embraced by the wilderness sys- area wove through the dense forest. known about it.’’ We still have much to tem. Amid the stands of towering White learn, but this anniversary of the Wil- The Senate understood there was a Oaks, dark hickory, and ghostly poplar derness Act reminds us how far we need to protect America’s unique trees, you may discover stunted groves have come and how powerful a collegial places, and Members worked to craft a of apple trees, remnants of an early commitment to public lands can be in proposal over a number of years that settler’s orchard. Maybe Johnny the Senate. could achieve that end. Senator George Appleseed came that way. I am very pleased and honored to be McGovern, another key supporter of Also designated in 1975, the Dolly able to yield the remainder of my time the Wilderness Act, observed: Sods Wilderness Area preserves 10,000 to one of the three Senators who is I think each of us has been enriched at one acres of Canada that somehow mi- here to vote for this legislation, the time or another through our experiences grated south and chose to settle in senior Senator from West Virginia, Mr. with natural undisturbed areas of the coun- West Virginia. Heath thickets, bogs, BYRD. try * * * its comparatively uncluttered open and low-growing evergreens combine to The PRESIDING OFFICER. The Sen- spaces, its lakes and woods, have special ap- preciation for the purpose of the wilderness establish a wide open feeling akin to ator from West Virginia is recognized. preservation system. As the population of more northerly climes such as those of Mr. BYRD. Mr. President, I thank our country grows and as our city areas be- Minnesota. Offering scenic vistas, the Chair. come more contested, it is all the more im- Dolly Sods is a famed spot in which to Mr. President, I thank the Senator perative that we look to the preservation of enjoy hiking, camping, fishing, and na- from Wisconsin, Senator FEINGOLD, for great primitive outdoor areas where people ture watching. bringing us together today to celebrate can go for recreational and inspirational ex- The Cranberry Wilderness Area the passage of the Wilderness Act of perience. proves the regenerative power of na- 1964. Too often, the pressing events of The U.S. population has since grown ture. Its 35,864 acres were logged in the the day prevent us from remembering by more than 70 percent since the Wil- early part of this century, with the val- so many important pieces of legisla- derness Act of 1964 was enacted. In ad- uable timber shipped by steam loco- tion. I am happy that we are able to dition to land preservation, the act has motives to a mill in Richwood. It also take a moment to recognize a historic encouraged the discovery of America’s suffered severe wildfires which raged piece of legislation. history, promoted recreation, provided over much of the area. In order to re- Let me begin with a look backward for its diverse wildlife and ecosystems, store it to its natural condition, the over the well-traveled road of history. and satisfied people’s urge for solace Forest Service purchased the land in It is only fitting that we turn our faces and a return to wild places. The defini- 1934—the year I graduated from high backward so that we might be better tion of wilderness according to the act school. Now grown into a mature for- informed and prepared to deal with fu- is ‘‘an area where the earth and its est, the Cranberry Wilderness Area re- ture events. On a whole range of impor- community of life are untrammeled by ceived its official designation in 1983. tant issues, the Senate has always been man, where man himself is a visitor Consisting of more than 12,000 acres, blessed with Senators who were able to who does not remain.’’ Initially en- Laurel Fork Wilderness Area was once rise above political parties, and con- dowed with 9.1 million acres of public a profitable source of lumber at the be- sider first and foremost the national lands, the wilderness system today en- ginning of the century. Laurel Fork interest. There are many worthy exam- compasses more than 104 million acres has since been preserved and is a ples throughout the Senate’s history. in forty-four States. source of the Cheat River. Designated My friend and former colleague, Sen- My home state of West Virginia re- in 1983, Laurel Fork Wilderness has a ator Mike Mansfield, and other distin- mains wild and wonderful because of wide blend of wildlife and foliage spe- guished Members of the Senate under- Congress’ actions. Covered from end to cial to Appalachia. Among the Birch, stood this point well. Political polar- end by the ancient Appalachian Moun- Beech, and Maple trees which grow in ization, a simple zero-sum strategy by tains, West Virginia remains, to me, the area, live the native species of one party to achieve a short-lived vic- one of the most beautiful one of the West Virginia such as white-tail deer, tory which demonizing the other party, most unique of all places and I have wild turkey, bobcat, and even black is not now, and has never been, a good seen lot of places throughout the world bear. thing for the Senate. I know that in my time. It is the most southern of I might note that perhaps one of the Americans have always loved a good the northern States and the most most majestic of wildlife species pro- debate. I believe that this is one of the northern of the Southern states; the tected by these wilderness areas lessons that we can take from the pas- most eastern of the Western States and throughout the U.S. is the bald eagle. sage of the Wilderness Act of 1964. the most western of the eastern States; Symbolizing America’s freedom and Members on both sides of the issue fo- where the east says good morning to strength, the bald eagle, in fact, has cused on the more substantive and the west, and where Yankee Doodle and been recently removed from the endan- stimulating policy challenges rather Dixie kiss each other good night. The gered species list, and will continue to than allowing pure politics and im- luscious mountains gently roll across soar for future generations of Ameri- agery to enter into the fray. that land, providing an elegant sense of cans. The debate on the Wilderness Act of mystery to the landscape. The wilder- The Wilderness Act of 1964 enabled 1964 serves as a great example of the ness of my State has given West Vir- West Virginians to preserve the nat- Senate’s charge in taking a leadership ginians a freedom to explore. This free- ural beauty of their State for them- role and working over the long term to dom has been secured and protected so selves and for the nation * * * now and pass historic pieces of legislation. I be- that future generations—like my baby forever. I believe that Senator Ander- lieve the bill’s chief sponsor, Senator granddaughter, her children, and her son summarized it best when he said: Clinton Anderson from New Mexico, children’s children—will be able to say Deep down inside of most Americans is a understood this point well when he Montani Semper Liberi, Mountaineers love of the out-of-doors. * * * It is an effort said, upon consideration of the con- are always free! to protect and preserve, unspoiled, just a lit- ference report, on August 20, 1964: Four wilderness areas have been des- tle bit of the vast wilderness which stretched What we have done we have done not only ignated in West Virginia since the 1964 ocean to ocean on this continent less than to meet the urgency of the moment, but for act. Each area captures and preserves 300 years ago, so that this love of the great, the future. In no area has this Congress more uniquely a beautiful aspect of a State unspoiled, out-of-doors which is a part of us decisively served the future well-being of the that has, I believe, more than its fair can be gratified. Nation that in passing legislation to con- share of native loveliness. God must I would like to take a moment to rec- serve natural resources and to provide the have been in a spendthrift mood when ognize a number of former colleagues means by which our people could enjoy who took a leadership role in passing them. One of the brightest stars in the con- he made West Virginia! stellation of conservation measures is the In the Otter Creek Wilderness Area, the Wilderness Act of 1964. Many of wilderness bill * * *. The path of the wilder- consisting of 20,000 acres so designated them were fairly close friends of mine. ness legislation through Congress has some- in 1975, you can follow the same twist- There was Senator Anderson, whose times been as rugged as the forests and ing trails that early settlers to the name I have spoken earlier, Thomas

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10548 CONGRESSIONAL RECORD — SENATE September 8, 1999 Kuchel, Hubert Humphrey, Henry In 1924, the U.S. Forest Service was a freshman Senator. Following Ha- Jackson, Frank Church, Frank named the Gila National Forest in New waii’s admission to the union in 1959, I Lausche, Paul Douglas, Harrison Wil- Mexico as the first wilderness area. As served one partial and one full term in liams, Jennings Randolph—my former years passed, it became increasingly the House of Representatives and then colleague from West Virginia—Joseph clear that a more comprehensive strat- was elected to the Senate in 1962. So, in Clark, William Proxmire, Maurine egy of protection for these priceless early April of 1963, I was a 39-year-old Neuberger, Lee Metcalf, George areas was needed. Between 1957 and freshman Senator in the first year of McGovern, David Nelson—they took a 1964, nine congressional hearings were my first term in the Senate. leadership role in guiding this piece of held, resulting in sixty-six rewrites of The Wilderness Act, however, was legislation through the Senate. The the original bill. This enormous not new to the Senate when it came to Senate has considered many thousands amount of attention can be credited to the floor in April 1963. The first wilder- of pieces of legislation on a myriad of the strong grassroots support for pre- ness proposal was introduced late in topics over the last several years. I am serving these magnificent resources. As the 84th Congress in 1956. Following ex- proud to stand here today and say that a result, Congress passed the Wilder- tensive hearings, testimony, debate this piece of legislation, the Wilderness ness Act. It was signed into law by and revisions, a wilderness bill was Act of 1964, stands as a great example President Lyndon Johnson on Sep- passed by a wide margin in the Senate of what this body can accomplish when tember 3, 1964, and established over on September 6, 1961. However, it was it sets its collective mind to it. These nine million acres of wilderness areas not until my freshman year in the Sen- were the sponsors of the Wilderness throughout the country. ate that we passed a wilderness bill Act in the 88th Congress. The act defined wilderness as ‘‘an that ultimately went on to become law In closing, I want to welcome my col- area where the earth and its commu- the next year in 1964. leagues back from the prairies and the nity of life are untrammeled by man, Just prior to the vote in the Senate plains, the mountains and the hollows where man himself is a visitor who on April 9, 1963, one of the floor man- and the hills, the broad valleys. We does not remain.’’ Although sharply re- agers of the bill, the Honorable Frank have much work to do in these coming stricting human activities in these Church of Idaho, said, ‘‘the Senate is weeks and we can learn much from the areas, the Act also paid tribute to a about to vote on the question of the Wilderness Act of 1964 and the dedica- piece of our national identity. To passage of a bill which, if enacted into tion and commitment of those Sen- Americans, the wilderness is a place to law, will be regarded as one of the ators who worked to fulfill their vision rediscover what it means to be Amer- great landmarks in the history of con- by enacting that great piece of legisla- ican. As Supreme Court Justice Wil- servation.’’ You can imagine the effect tion, their vision of a future continent liam O. Douglas once noted, ‘‘Roadless of such far reaching and nationally sig- which would be preserved for the men areas are one pledge of freedom.’’ From nificant discourse on a young man and women who would come after the time of the first settlers, the na- from a new state in the middle of the them. tion’s wilderness areas have been sym- Pacific. Far too often these days, we get bols of freedom and human ingenuity I have been around for a while. Yes- caught up in the partisan wranglings of that characterize the American dream. terday was my 75th birthday. But I am tax cuts, educational needs, national In his classic work, Wilderness and the not so jaded as to have lost sight of the Roderick Nash observed security demands, Social Security American Mind, important principles upon which the the close relationship between our citi- changes, health care reform, and much, Wilderness Act was founded. zens and such areas, stating ‘‘Take much more—all of which subjects are The bill was ultimately signed into away wilderness and you take away the extremely important. The public has law on September 3, 1964. To me, it opportunity to be American.’’ The Wil- become concerned about what it is that seems like just yesterday, but a lot has derness Act has protected these price- we actually do in this Chamber. In re- happened since then. The Wilderness less undeveloped areas, and it has pre- flecting upon the Wilderness Act of system was originally endowed with 9.1 served these magnificent resources for 1964, I find a great example of what this million acres of national forest lands. our time and for all time. body can achieve when it puts its Since this law was enacted, Congress In 35 years, that has grown to more whole mind and its whole spirit into it. has created over six hundred wilderness than 104 million acres managed by four Again I thank my colleague for his areas, totaling more than one hundred federal land management agencies. Hawaii, obviously a very small State, kindness in inviting me to participate million acres in states across our na- has just 142,370 acres of federally des- here this afternoon in recalling our tion. These are areas that cannot be footsteps down the long hall of memo- developed or destroyed, but will retain ignated wilderness area. This is about ries. the original splendor of their natural 1/10 of 1% of the total designated wil- In closing, I am reminded of the beauty. derness area in the country. However, words of one of America’s foremost It was a special privilege for me to let me tell you about Hawaii’s wilder- conservationists and outdoorsman, support the Wilderness Act in 1964, as ness and other natural areas. John Muir— one of the most far-reaching actions by Hawaii is the only State with bona Oh, these vast, calm, measureless moun- Congress to preserve our environ- fide tropical rain forest. Although over tain days, inciting at once to work and rest! mental heritage. All of us take pride in half of Hawaii’s original native rain Days in whose light everything seems equal- the many beautiful areas designated forest has been lost or replaced by in- ly divine, opening a thousand windows to troduced species, planted landscapes, show us God. Nevermore, however weary, under the Act. Finally, I commend all those who or development, a great deal remains. should one faint by the way who gains the Perhaps 3/4 of a million acres of rain blessing of one mountain day: whatever his have done so much to uphold the great fate, long life, short life, stormy or calm, he tradition of the Wilderness Act, by forest is left in Hawaii. is rich forever. . . . I only went out for a working in the agencies that are com- Rain forest is just the start, however. walk, and finally concluded to stay out till mitted to protecting the nation’s wil- There are actually about 150 distinct sundown, for going out, I found, was going derness. As the act itself so eloquently ecosystem types in Hawaii. These eco- in. One touch of nature . . . makes all the states, they continue to ‘‘secure for the systems are so distinctive that the Ha- world kin. American people of present and future waiian Islands constitute a unique I yield the floor. generations the benefits of an enduring global bio-region. These ecosystems Mr. KENNEDY. Mr. President, it is resource of wilderness.’’ range from 14,000-foot snowy alpine an honor to join my colleagues in com- Mr. INOUYE. Mr President, it is a deserts, to subterranean lava tube sys- memorating this impressive anniver- pleasure to have this opportunity to tems with eyeless creatures, to wind- sary of the Wilderness Act of 1964. speak on the 35th anniversary of the swept coastal dunes. Thirty-five years ago, Congress passed Wilderness Act of 1964 and on the es- All told, perhaps half of the 150 eco- this benchmark legislation, which has tablishment of the National Wilderness system types in Hawaii are considered opened the door for extensive new pro- Preservation System. in trouble, imperilled by human-re- tections of wilderness areas throughout When the Wilderness Act was being lated changes in the landscape. Most of the nation. debated on the Senate floor in 1963, I the loss has occurred along the coasts

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10549 and in the lowlands, where the major- natural areas, whatever the definition ened, families threatened, and yet they ity of human habitation exists today. might be. were going to vote. Hawaii is also considered to be the The message that I would like to When the vote was taken, over 98 per- extinction capital of the United States. leave with my colleagues as we think cent of those registered came out to About 90% of Hawaii’s native plants about the 35th anniversary of the Wil- vote. Mr. President, 78 percent of the and animals occur nowhere else in the derness Act is that we all wish to be people of East Timor voted for inde- world, and nearly 1000 different kinds environmentalists. We often differ on pendence and not to stay with Indo- of Hawaiian plants and animals are the details of environmentalism; some- nesia, a clear-cut victory for independ- threatened by extinction. Approxi- times greatly. Some of the most impas- ence and, I can say from firsthand mately 75% of the recorded extinctions sioned discussions in this body have to meetings with U.N. and U.S. officials in the United States are from Hawaii. do with environmental issues. Some of as well as with people on the ground in Also, about 40% of the birds and 30% of us do not receive the highest score East Timor, that had it not been for the plants presently on the U.S. endan- from the League of Conservation Vot- the open assaults by the militias and gered species list are native to Hawaii. ers. However, I do not think any of my intimidation and threats, that 78 per- One of Hawaii’s federal wilderness colleagues would say that environ- cent probably would have been about 90 areas is the 19,270-acre Haleakala Wil- mental conservation is a frivolous pur- percent for independence. derness Area on the Island of Maui, suit. It is merely a question of degree. When I left East Timor, Senator which was designated in 1976. This area So where does that leave us? I know REED and Congressman MCGOVERN and is part of the 28,655-acre Haleakala Na- we will continue to debate so-called I all called on the United Nations to tional Park. During the August recess, anti-environmental riders, the future send a peacekeeping force immediately I participated in the dedication of 1,500 of the Endangered Species Act, and to East Timor, either on the day of the acres of pristine tropical habitat, maybe even reforms to the 35-year-old vote or the day after the vote. We all which was added to Haleakala National Wilderness Act. But let us not close had a sense of what might come if Park thanks to the support of my Con- our minds to our perceived adversaries, there was not a stable force on the gressional colleagues who approved nor lose sight of what I believe we all ground to prevent the violence from funds last year for its acquisition. So, agree upon. happening in the first place. Haleakala continues to grow. Our natural environment is a finite Upon returning to Jakarta, we met The major feature of this park is the resource that needs to be protected and an hour and a half with President dormant, though not extinct, Mount nurtured for generations to come. Habibie of Indonesia, and I will have Haleakala and its volcanic crater with- There are no simple solutions, but with more to say about that in a minute. We in. Stretching from an elevation of this common goal in mind, we will conveyed to him our concerns with the 10,000 feet to the sea, the park also in- make progress. security situation in East Timor. He cludes unrivaled native forest and The PRESIDING OFFICER. The Sen- assured us time and time again in the stream habitat, and abundant Native ator from Iowa. hour-and-a-half meeting that Indonesia Hawaiian historical and cultural fea- Mr. HARKIN. Mr. President, I ask would maintain order in East Timor. I tures. unanimous consent I be permitted to was there with Congressman MCGOV- The other Federal wilderness area is speak up to 15 minutes as in morning ERN and with U.S. Ambassador Roy. the 123,100-acre Hawaii Volcanoes Wil- business. President Habibie assured us the Indo- derness Area, which is part of the larg- The PRESIDING OFFICER. Without nesian Army would maintain peace, er 230,000-acre Hawaii Volcanoes Na- objection, it is so ordered. harmony and law and order after the tional Park on the Big Island of Ha- f vote was taken. waii. This park, established in 1916, dis- My fears of what would happen have EAST TIMOR plays the results of 70 million years of been confirmed in the most horrific volcanism and rises from sea level to Mr. HARKIN. Mr. President, I thank manner. As we have all witnessed on the summit of the earth’s most mas- Senator GORTON for permitting me at CNN and in the newspapers over the sive volcano, Mauna Loa at 13,677 feet. this time to speak as in morning busi- past several days, the militias have Within the park is the world’s most ness before they get on with the impor- gone on a killing rampage acting on active volcano, Kilauea, which offers tant business of the Interior appropria- the orders and with the assistance of scientists insights into the birth of our tions bill. I want to take this time be- the Indonesian military and the Indo- planet and visitors views of dramatic cause I was unable to be here earlier nesian police forces. volcanic landscapes. Molten lava from when Senator FEINGOLD, Senator REED, I must tell my colleagues, when we the Puu` O` o` vent, on the flank of I think, and Senator BOXER spoke on were in Maliana, for example, a couple Kilauea volcano, flows seven miles the issue of East Timor. I want to take days before we were there, the militias through a lava tube to the coast where a few minutes to share with my col- had put on street demonstrations right it enters the ocean, causing the sea to leagues what I saw during my recent in front of the U.N. compound armed to actually boil. Volume of flow averages trip to East Timor with a delegation the teeth with guns. Amongst these about 400,000 cubic meters per day con- that included Senator REED of Rhode militias were the Indonesian military tinuously adding new land to the is- Island and Congressman MCGOVERN of and the Indonesian police in clear vio- land. 1999 is 16th year of this ongoing Massachusetts. We were in East Timor lation of the agreement they had eruption of Kilauea. on August 20 and 21, just a little over 2 signed with Portugal and the United More than just these designated fed- weeks ago. The purpose of our trip was Nations on May 5, 1999. Every U.N. ob- eral wilderness areas, Hawaii has a to assess the conditions in East Timor server with whom I spoke, every single total of 270,000 acres in the national leading up to the August 30 ref- one without exception, said the mili- park system; 35,000 acres in federal fish erendum. tias were backed by and armed by the and wildlife refuges; and 109,000 acres It was a trip that in some ways was Indonesian military and that the mili- in state natural area reserves. Added to uplifting but at the end—I could smell tary and the civilian police were sup- this are other areas managed privately it in the air—I had a foreboding of porting the militias openly. for conservation purposes, including things to come. On the first day we Now that these militias have gone on approximately 25,000 acres managed by traveled to the capital of East Timor, a rampage, one must ask, where is the The Nature Conservancy of Hawaii. Dili and spent the night there. The Indonesian military and where is the Wilderness is defined in the law as next day, under the auspices of the Indonesian police? The Indonesian areas ‘‘where the earth and its commu- United Nations, we took a helicopter to military had 10,000 to 15,000 military nity of life are untrammeled by man, Maliana, and then from Maliana to people there. They could have stopped where man himself is a visitor who Suai before returning to Jakarta. What it. They either chose not to or they are does not remain.’’ With all of the was so uplifting about it was to see so actively supporting this murderous unique and imperilled species and habi- many people willing to risk their lives rampage. Either is unacceptable. tat in Hawaii, I certainly understand to be able to vote; people whose homes They are attacking unarmed civil- the value of protecting our wild and were burned down, their lives threat- ians. They are rounding up refugees,

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10550 CONGRESSIONAL RECORD — SENATE September 8, 1999 putting them in trucks, and trucking Bishop Belo and burned his house what is happening in East Timor them to unknown destinations. They down, the very house in which we had today. are tearing families apart. Just as we dinner not more than two weeks ago. We have a responsibility that goes saw in Kosovo, the same thing is hap- He was able to escape and is now in back 23 years. When Indonesia first in- pening in East Timor. Husbands are Australia. vaded East Timor in 1975, the United separated from wives, parents sepa- We sat in Bishop Belo’s dining room States took the position that we sup- rated from their children and carted off and saw all the mementos he had. He ported Indonesia. I was at that time a in trucks into the back country, and no had a picture of himself shaking hands Member of the House of Representa- one knows what is happening to them. and being greeted by President Clinton, tives and, with other Members of the The same thing is happening as hap- a bust of President Kennedy that was House, introduced a resolution con- pened in Kosovo. given to him by Representative PAT- demning Indonesia for their brutal in- When we were in East Timor, we RICK KENNEDY who visited there a few vasion of East Timor at that time. In spent an evening with Bishop Belo, the years ago, a signed picture from Presi- the years that followed, hundreds of Catholic bishop of East Timor. I will dent Bush who had met with him, and, thousands, almost 200,000 East Timor- point out a bit of history. of course, his Nobel Peace Prize. Now ese lost their lives to the brutality of East Timor for the last I think it was that house has been reduced to ashes. the Indonesian military. Through it 400-some years was under Portuguese There were several thousand East all, they maintained their cohesion. domination. About 200 years ago, Por- Timorese in his compound being pro- They maintained their peaceful resist- tugal formally annexed East Timor. It tected by the church. Eyewitnesses saw ance. On August 30, 98 percent of the was a colony of Portugal up to 1975 the militias killing people and some registered voters came out to vote in when Portugal left. Indonesia brutally were being put on trucks—this is where the face of machetes and bullets and invaded East Timor in 1975 and an- the families were separated—and taken threats. Despite being driven from nexed it the next year. The United Na- out into the countryside. their homes and having their homes tions has never recognized Indonesia’s On Monday, I spoke with Jose Ramos burned down; they voted 78 percent for annexation of East Timor. Horta, his corecipient of the Nobel independence. Through the years since then, the Peace Prize. He said in the 500-year his- If we stand for anything, we should East Timorese have suffered mightily. tory of East Timor, the church has stand for the right of self-determina- Over 200,000 East Timorese, it is esti- never been attacked. There have been tion and independence when people ex- mated, were brutally slaughtered by wars and there has been fighting, but ercise their right to vote. That is what the Indonesian military over these the church has never been attacked. He we stand for as Americans. That is our years. But they persisted. They per- even said that when the Japanese took philosophical foundation. sisted in wanting their independence. over East Timor during World War II It was a free and fair vote, even In 1991, sadly, East Timor got world- they never attacked the church. though the militias were intimidating wide attention when Indonesian troops As bad as that is, I have an even sad- people. I ask unanimous consent for 5 more opened fire on mourners who were at a der story to tell. funeral for an independence supporter We went to the community of Suai, minutes. The PRESIDING OFFICER. Without in Dili. It was a big funeral. There were which is in the southwestern part of objection, it is so ordered. 200 men, women, and children slaugh- East Timor, because we had heard tered by the Indonesian military in Mr. HARKIN. It seems to me that for there were about 1,500 people who had the bastion of democracy, those of us 1991. taken up refuge in a church compound. Through all of this, Bishop Belo, East in this country who believe so deeply This was now 9 days before the vote. Timorese by birth and upbringing, or- in the right of the secret ballot, the We wanted to go there and see for our- dained a Catholic priest in Portugal, right of people to be able to vote for selves. So Senator REED, Congressman came back to East Timor, elevated by their futures, to see this happen and MCGOVERN, and I went there. Pope John Paul II to be a bishop. for us to stand back and do nothing is Two years ago on June 18, Bishop Truly, there were 1,500 people in this shameful. We ought to be on the front Belo was in Washington and said a compound. lines of asking the United Nations to The buhpati, as he is called, the mass of peace and reconciliation at St. go in there with a peacekeeping force Peter’s Church. A number of us were mayor, the person who runs the city, now. there that morning. That was the first had cut off the water. It was very hot, I had asked the United Nations and time I had the occasion to meet Bishop and he had cut off the water to these the Clinton administration to put pres- Belo. people. Who were these people? These sure on the U.N. to send a peace- Of course, the year before that, in were people who had been driven from keeping force to East Timor on the day 1996, Bishop Belo and Jose Ramos their homes because the militias feared of the vote or the day after the vote. If Horta jointly won the Nobel Peace that they were going to vote for inde- we had done that, we wouldn’t have Prize for their peaceful resistance pendence. Men, women, children, fami- had these killings that have gone on. through the years to the Indonesian lies, all gathered in this churchyard, We could have had a little bit of pre- takeover of East Timor. A year after had their water cut off. ventive action. But, no, we didn’t do it. that, Bishop Belo was here and said Then the U.N. tried to get through a We said we had to wait until the Indo- mass at St. Peter’s, as I said, and we truckload of food. They wouldn’t even nesians asked us to come in. It is clear were there. let the food get through. The two that the Government of Indonesia is It was for me a very touching mo- priests who were protecting these peo- not going to keep law and order there. ment, to spend an evening in Bishop ple were Father Hilario and Father It is clear from every eyewitness ac- Belo’s home in Dili with Senator REED Francisco. This is a picture I had taken count we have that the Indonesian and Congressman MCGOVERN, to have with them at the church compound. military is behind the militias and dinner in his home and talk with him Father Hilario and Father Francisco, their brutal attacks on innocent civil- about what was happening in East two of the nicest individuals you ever ians. So now it is incumbent upon the Timor and to hear him pour out his want to meet, both Catholic priests, world community to answer the call to heart about how many people had died only doing their job protecting people. go to East Timor to restore peace and and the suffering of the East Timorese They weren’t speaking out for inde- stability. people and his hopes and his prayers. pendence or anything like that. They I will shortly be introducing a resolu- We held hands around the table and he were simply doing their job as the par- tion to that effect that basically con- led us in a prayer that, regardless of ish priests. gratulates the East Timorese on their what the outcome of the vote would be, I learned this morning that yester- vote, condemns the violence, and calls East Timorese would not kill each day the militias entered their house, upon our U.N. Ambassador to seek the other and that the Indonesian military took these two priests out and killed United Nations Security Council’s im- would quietly leave. them, 2 weeks after we saw them. Un- mediate authorization to deploy an I am saddened to say that 3 days ago armed, they were. Militias took them international force to East Timor to the militias entered the compound of out and brutally killed them. That is restore peace and stability.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10551 Already Australia, New Zealand, DEPARTMENT OF THE INTERIOR Members on the floor. If the Senator Bangladesh, Thailand, Pakistan, Ma- AND RELATED AGENCIES APPRO- from Florida—who was told he could go laysia, and the Philippines have all PRIATIONS ACT, 2000—Resumed first—would like to bring his amend- said they will contribute forces. Today, The PRESIDING OFFICER. The ment up now and submit the rest of the we learned that China has basically clerk will report the pending business. various statements on it, I understand said they are open minded on this The legislative assistant read as fol- the amendment will be accepted in rel- issue. Well, now is the time for the lows: atively short order. Is my under- United States to take some leadership. standing correct? A bill (H.R. 2466) making appropriations Mr. GRAHAM. That is my under- for the Department of the Interior and re- I call upon President Clinton to be standing, and we are prepared to pro- forceful in calling upon the United Na- lated agencies for the fiscal year ending Sep- tember 30, 2000, and for other purposes. ceed with our amendment. tions to send an international force im- Mr. GORTON. Then I yield the floor mediately to East Timor, and we Pending: and suggest the Senator from Florida should contribute to this force. We Gorton amendment No. 1359, of a technical seek to be recognized. should not shirk our responsibilities in nature. Mr. GRAHAM addressed the Chair. this matter either. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. SES- ator from Washington. SIONS). The Senator from Florida is To do nothing now would be to fly in Mr. GORTON. Mr. President, debate recognized. the face of everything for which this on the Interior appropriations bill took PRIVILEGE OF THE FLOOR great country stands for. We were one place on two separate occasions before Mr. GRAHAM. Mr. President, I ask of those actively encouraging the Indo- the August recess. Two significant unanimous consent that Kasey Gillette nesians, the Portuguese, the United amendments have already been voted of our staff have floor privileges for the Nations, and the East Timorese to upon. We now have a unanimous con- duration of the consideration of the In- reach this agreement to allow this sent agreement for listing all of the terior appropriations bill. vote. We supplied funding and observ- amendments that are in order, and The PRESIDING OFFICER. Without ers for the vote. The Carter Center was they are 66 in number. objection, it is so ordered. actively involved in East Timor, ensur- A substantial share, perhaps 20 or Mr. GRAHAM. Mr. President, I ask ing it would be a free and fair vote and more of those amendments, will either unanimous consent that the pending counting the ballots. If we now walk be accepted or will be a part of one om- amendment be temporarily laid aside. away, if we now say, well, we can’t do nibus managers’ amendment at the end The PRESIDING OFFICER. Without anything unless Indonesia invites us in of this debate. I suspect several others objection, it is so ordered. to a place that they annexed with bru- will not actually be brought up for dis- AMENDMENT NO. 1577 tal force 23 years ago then we are less cussion in the Senate, but it seems ap- (Purpose: To prohibit the Secretary of the of an America than we have been in the parent to this Senator, as manager of Interior from implementing class III gam- ing procedures without State approval) past. the bill, that as many as a dozen may require some amount of debate and Mr. GRAHAM. Mr. President, I send I am deeply saddened by the death of very likely a vote. an amendment to the desk and ask for these two priests. I didn’t know them Up to four of those amendments are its immediate consideration. well, but I spent some time with them, The PRESIDING OFFICER. The amendments that were included as a spoke with them, asked them about clerk will report. part of the bill as it was reported by The legislative clerk read as follows: what they were doing, asked them the Subcommittee on Interior appro- about the conditions in their parishes. The Senator from Florida [Mr. GRAHAM], priations and by the full Appropria- for himself, Mr. ENZI, Mr. BRYAN, Mr. REID, They were gentle souls just doing their tions Committee, which fell under the job as shepherds of their flocks, yet Mr. VOINOVICH, Mr. GRAMS, Mr. LUGAR, Mr. revised rule XVI. One of those is an SESSIONS, and Mr. BAYH, proposes an amend- taken out and brutally murdered. amendment originally drafted by the ment numbered 1577. Lastly, I understand that by tomor- Senator from Missouri. He will bring it At the appropriate place, insert the fol- row, the United Nations will remove up at this point. lowing: the 212 people they have there now. I I have asked the Democratic man- SEC. . PROHIBITION ON CLASS III GAMING PRO- CEDURES. am again asking the President to call ager, Senator BYRD, to get me a list of No funds made available under this Act upon Kofi Annan, Secretary General of amendments that Members of his party may be expended to implement the final rule the United Nations, to not pull out our wish to bring up. He is in the process of published on April 12, 1999, at 64 Fed. Reg. U.N. people who are there. If we do, we doing that at the moment. But this is 17535. will have no eyes and no ears; we will an announcement that we are now open Mr. GRAHAM. Mr. President, this have no presence at all in East Timor, and ready for business. It may be that amendment, which has been cospon- and the killing rampages we have wit- we will, from time to time, set amend- sored by Senators ENZI, BRYAN, REID, nessed over the last several days will ments aside so we can hear debate on VOINOVICH, GRAMS of Minnesota, only mushroom. others. The majority leader may decide LUGAR, SESSIONS, and BAYH, has been to stack votes on some of these amend- before the Senate on several previous I hope the U.N. will keep its people ments. But this is a very short week. occasions. It essentially goes to the there. I hope the United States will put We are starting this at 4 o’clock on issue of what will be the process to de- every ounce of our leadership behind Wednesday afternoon. We have all day termine whether on Indian properties the United Nations to send an inter- and into the evening tomorrow for there shall be allowed class III gam- national force there within the next 48 these debates. The majority leader has bling. Class III gambling is the type of hours. If we do, we can save thousands announced, due to the Jewish holiday, gambling that occurs in Las Vegas and of lives. And we can restore peace and that there will be no votes on Friday. I Atlantic City. It is what we would stability. We can tell the rest of the hope we will have made substantial characterize as casino gambling. Cur- world that when you have a free and progress on the bill by the end of to- rently, for that gambling to occur, fair and open election under U.N. aus- morrow’s session of the Senate. That is there has to be a compact entered into pices, we are not going to let thugs and possible, of course, only if Members on between the representatives of the In- murderers take it away from you. That both sides—both Republicans and dian tribe and the Governor of the is the kind of America I think we Democrats—are willing to bring their State in which the proposed casino ought to be. amendments to the floor. would be located. This is all part of the The PRESIDING OFFICER. The time The one other amendment I have dis- Indian Gaming Act passed by the Con- of the Senator has expired. cussed seriously at this point is one by gress in the past. the Senator from Wyoming, Mr. ENZI, The Secretary of the Interior, earlier The Senator from Washington. and the Senator from Florida, Mr. GRA- this year, on April 12, issued a regula- Mr. GORTON. Mr. President, what is HAM, on gambling. That amendment is tion that essentially said if he deter- the business before the Senate? ready to be accepted. Now I see two mined the States were not negotiating

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10552 CONGRESSIONAL RECORD — SENATE September 8, 1999 on these compacts in good faith, then ing public input from all the stake- pointed that he should be trusted with he could remove that power from the holders, and moving the legislation new, self-appointed trust responsibil- States, and the Secretary of the Inte- through both houses of Congress. I ities over Indian Tribes. On February rior would decide whether there should have a few ideas on how I believe the 22nd of this year, United States Dis- be class III gambling under the aegis of bill could be improved, and I welcome trict Judge Royce Lamberth issued a Indian tribes. the invitation of Senator CAMPBELL to contempt citation against Secretary I personally think that is a very bad offer some suggestions to his bill. Bruce Babbitt and Assistant Secretary idea. It disrupts the basic principle of In contrast to this legislative proc- of the Interior for Indian Affairs, Kevin federalism, the responsibility which ess—the proper way to make changes Gover, for disobeying the Court’s or- this Congress has placed with the to substantive law—Secretary Babbitt ders in a trial in which the Interior De- States and the tribes to reach an agree- wants to make changes by administra- partment and the Bureau of Indian Af- ment. tive fiat. His regulations are a slap in fairs were sued for mismanagement of In my own State of Florida, we have the face to the governments of all fifty American Indian trust funds. a prohibition in our constitution states, to Congress, and to all the In- In his contempt citation, Judge against casino gambling. Three times dian Tribes that have negotiated Trib- Lamberth stated, and I quote, since 1978 there have been attempts to al-State compacts with the States in The court is deeply disappointed that any amend the constitution and change which they are located. The Sec- litigant would fail to obey orders for produc- retary’s rules effectively punish those tion of documents, and then conceal and that provision, and each time they cover up that disobedience with outright have been overwhelmingly defeated. tribes which have played by the rules. false statements that the court then relied This would have the effect of over- The Secretary’s action will open the upon. But when that litigant is the federal turning three constitutional expres- floodgates to an approval process based government, the misconduct is even more sions of opinion by the people of Flor- more on political influence than on troubling. I have never seen more egregious ida, and similar expressions of opinion proper negotiations between the states misconduct by the federal government. by citizens of other States, to have the and the tribes. Who will be the winners This conduct has raised such concern Secretary of the Department of the In- under Secretary Babbitt’s new regime? that both the Chairman of the Senate terior insert his or her will as to casino Will it be the Tribes that donate Indian Affairs Committee and the gambling within that State. enough money to the right political Chairman of Senate the Energy and At this time, unless there is further party? In contrast to the Secretary’s Natural Resources Committee have debate, I will yield my time. We will rules, the Graham-Enzi amendment held hearings and proposed legislation not necessarily ask for a rollcall vote would ensure that an unelected Sec- to call Secretary Babbitt to task for on this matter if it can, as in the past, retary of the Interior won’t single- his mismanagement of these funds and be resolved by a voice vote. handedly change current law. This his disregard for the rulings of a fed- I thank the Chair. amendment will ensure that any eral court. The Secretary’s continued Mr. ENZI. Mr. President, I rise in change to IGRA is done the right way— violation of his trust obligations to In- support of the amendment introduced legislatively. dian Tribes should serve as a wake-up by the Senator from Florida, Mr. GRA- I have already had occasion on this call to all of us in the Senate. This is HAM. This amendment has one very floor to remark on the painful irony of not the time to allow the Secretary to simple purpose: To ensure that the the timing of Secretary Babbitt’s delegate to himself new, unauthorized, rights of Congress and all fifty states power grab. In March of last year, At- powers. I want to point out that this amend- are not trampled on by an unelected torney General Janet Reno requested ment does not affect any existing Trib- cabinet official. an independent counsel to investigate al-State compacts. The amendment This amendment is very straight- Secretary Babbitt’s involvement in de- does not, in any way, prevent states forward: it prohibits Secretary Babbitt nying a tribal-state gambling license and Tribes from entering into com- from expending any funds from this act to an Indian Tribe in Wisconsin. Al- pacts where both parties are willing to to implement the final regulations he though we will have to wait for Inde- agree on class III gambling on Tribal published on April 12 of this year. The pendent Counsel Carol Elder Bruce to lands within a State’s borders. This regulations at issue would allow Sec- complete her investigation before any amendment does ensure that all stake- retary Babbitt to circumvent the final conclusions can be drawn, it is holders must be involved in the proc- rights of individual states by approving evident that serious questions have ess—Congress, the Tribes, the States, casino-style gambling on Indian Tribal been raised about Secretary Babbitt’s and the Administration. lands. This amendment would prohibit judgment and objectivity in approving Mr. President, a few short years ago, this power grab. Indian gambling compacts. We should the big casinos thought Wyoming Mr. President, this is the fifth time not turn over sole discretion of casino would be a good place to gamble. The in two years that I have been involved gambling on Indian Tribal lands to an casinos gambled on it. They spent a lot in amendments of this nature. I myself individual who has shown such care- of money. The even got an initiative on have offered four previous amendments lessness in administering his trust re- the ballot. They spent a lot more to stop this power grab by the Sec- sponsibilities to all the Indian Tribes money trying to get the initiative retary of the Interior, and four times within his jurisdiction. passed. I became the spokesman for the this Senate has approved these amend- The very fact that Attorney General opposition. When we first got our mea- ments by voice votes. I think this body Reno believed there was specific and ger organization together, the polls has spoken with a clear voice that it credible evidence to warrant an inves- showed over 60 percent of the people does not believe an unelected cabinet tigation should be sufficient to make were in favor of gambling. When the official should bypass Congress and all this Congress hesitant to allow Sec- election was held casino gambling lost fifty states in a decision as great as retary Babbitt to grant himself new by over 62 percent—and it lost in every whether or not casino gambling should trust powers that are designed to by- single county of our state. The 40 point allowed within the state borders. pass the states in the area of Tribal- swing in public opinion happened as Mr. President, recently I was invited State gambling compacts. Moreover, people came to understand the issue to testify before the Indian Affairs this investigation should have taught and implications of casino gambling in committee on a bill Senator CAMPBELL us an important lesson: we in Congress Wyoming. That’s a pretty solid mes- has introduced to amend the statute should not allow Secretary Babbitt, or sage. We don’t want casino gambling in that governs gambling on Indian Tribal any other Secretary of the Interior, to Wyoming. The people who vote in my lands, the Indian Gaming Regulatory usurp the rightful role of Congress and state have debated it and made their Act. While I do not agree with all the the states in addressing the difficult choice. Any federal bureaucracy that changes Senator CAMPBELL has pro- question of casino gambling on Indian tries to force casino gambling on us posed to IGRA, I applaud the Chairman Tribal lands. will only inject animosity. for taking the initiative to attempt to Mr. President, the Secretary has not Why did we have that decisive of a make changes the proper way—by pro- given any indication in the 16 months vote? We used a couple of our neigh- posing a bill, holding hearings, receiv- since the independent counsel was ap- boring states to review the effects of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10553 their limited casino gambling. We The PRESIDING OFFICER. Without Anyone who understands this issue found that a few people make an awful objection, it is so ordered. understands that bulldozers are not lot of money at the expense of every- The amendment is as follows: ready to roll, nor should they be. They one else. When casino gambling comes On page 62, line 10, add the following before don’t even know yet what lead might into a state, communities are changed the period ‘‘:Provided, That within the funds be available. There are too many unan- forever. And everyone agrees there are available, $250,000 shall be used to assess the swered questions to make a final deci- costs to the state. There are material potential hydrologic and biological impact of sion. Regrettably, some on the extreme costs, with a need for new law enforce- lead and zinc mining in the Mark Twain Na- want to preclude an opportunity to an- tional Forest of Southern Missouri: Provided ment and public services. Worse yet, further, That none of the funds in this Act swer those questions. there are social costs. And, not only is may be used by the Secretary of the Interior The fundamental question that this gambling addictive to some folks, but to issue a prospecting permit for hardrock amendment addresses is whether some- once it is instituted, the revenues can mineral exploration on Mark Twain National day, if we were to find lead in those be addictive too. But I’m not here to land in the Current River/Jack’s Fork areas, additional lead could be mined debate the pros and cons of gambling. I River—Eleven Point Watershed (not includ- safely in the State of Missouri. That is am just trying to maintain the status ing Mark Twain National Forest land in a critical question and that is one that quo so we can develop a legislative so- Townships 31N and 32N, Range 2 and Range 3 should be answered by the scientists. West, on which mining activities are taking We are not here to legislate a deci- lution, rather than have a bureaucratic place as of the date of enactment of this mandate. Act): Provided further, That none of the funds sion and it should not be hijacked by Mr. President, the rationale behind in this Act may be used by the Secretary of administrative decree. this amendment is simple. Society as a the Interior to segregate or withdraw land in Some suggest that we know enough whole bears the burden of the effects of the Mark Twain National Forest Missouri already to make what would be a per- gambling. A state’s law enforcement, under section 204 of the Federal Land Policy manent decision for the 1,800 miners social services, communities, and fami- and Management Act of 1976 (43 U.S.C. 1714)’’ who are under the gun for the 10 coun- lies are seriously impacted by the ex- Mr. BOND. Mr. President, this ties in south Missouri that depend pansion of casino gambling on Indian amendment, as the manager has al- upon this mining. They say we know Tribal lands. Therefore, a state’s popu- ready stated, deals with a matter that enough already to prevent any further larly elected representatives should was approved in the committee and mining in an area which has 90 percent have a say in the decision about wheth- was taken out by a procedural move. of the domestic lead deposits. So we er or not to allow casino gambling on The amendment requires a study of would export lead production overseas. Indian lands. This decision should not mining in the Mark Twain National This past month I met with the bi- be made unilaterally by an unelected Forest in south-central and southeast partisan county commissioners, Demo- cabinet official. Passing the Graham- Missouri. It requires that it be con- crats and Republicans, who are elected Enzi amendment will keep all the in- ducted to address the scientific gaps by and responsible to the people in the terested parties at the bargaining identified by scientists in the Depart- counties they serve. They make up the table. By keeping all the parties at the ments of the Interior, Agriculture, and Scenic Rivers Watershed Partnership. table, the Indian Affairs Committee others. They are closest to the issue. They will have the time it needs to hear all While the relevant information is have the most at stake. They are the the sides and work on legislation to fix collected, the amendment delays any ones who represent the recreational in- any problems that exist in the current prospecting or withdrawal decisions for terests. They are the ones who rep- system. I urge my colleagues to stand the fiscal year. resent the timber interests. They rep- up for the constitutional role of Con- This amendment is a commonsense resent the forest interests. They rep- gress—and for the rights of all fifty amendment. It is a modern amend- resent the interests of schools and states—by supporting this amendment. ment. It enables the full-blown process roads which depend upon the royalties I thank the chair and yield the floor. to go forward before any decisions are that come from mining. And they sup- Mr. GORTON. Mr. President, I under- made. port this amendment. They said we stand that the Senator from Hawaii, This amendment does not permit must have a full-blown study. Mr. INOUYE, may wish the opportunity mining. It does not permit exploration. There is a technical team that has to speak, and perhaps more likely will It does not amend, weaken, or touch been set up. wish the opportunity to put a state- environmental standards. A multiagency technical team was ment in the RECORD. I don’t believe It prohibits exploration and with- established in 1988. It has the USDA that affects the proposition that the drawal. It requires a scientific study of Forest Service, the National Park amendment will be accepted by voice the scientific gaps identified by the Service, EPA, U.S. Geological Survey vote. But I ask that we not take that agencies. It maintains the NEPA re- Water Resources Division and the Geo- voice vote at this time, until we are ap- quirement for full-blown environ- logic Division, the Mineral Resources prised of the desires of the Senator mental impact statements which any Division, the Mapping Division, the from Hawaii. withdrawal by the Secretary would Missouri Department of Natural Re- Under the circumstances, the Sen- preclude. sources, and the Department of Con- ator from Missouri being here, I ask This amendment preserves, as I said, servation. It has the private companies unanimous consent that he be recog- the requirement of the full-blown involved; it has the University of Mis- nized and that we set this amendment NEPA process. And a full-blown impact souri, Rolla; and it has the U.S. Fish aside to deal with another. statement will ultimately dictate and Wildlife Service. The PRESIDING OFFICER. Without whether any mining should or should What do these scientists and engi- objection, it is so ordered. not take place if an application is neers who have begun the study say? The Senator from Missouri is recog- made, if there are deposits of lead dis- First, they say: nized. covered. The technical team believes that there is AMENDMENT NO. 1621 By the time any mining could take insufficient scientific information available Mr. BOND. Mr. President, I send an place, Senator THURMOND might be the to determine the potential environmental only Senator remaining in this Cham- impact of lead mining in the Mark Twain amendment to the desk and ask for its National Forest area. This is a consensus immediate consideration. ber. opinion that the technical team has held The PRESIDING OFFICER. The The amendment does not give miners from the beginning through the present. Due clerk will report. their way who want clearance for to the lack of scientific information avail- The legislative clerk read as follows: prospecting now. able to assess the potential impacts of lead The Senator from Missouri [Mr. BOND], for It does not give the zero-growth op- mining, the technical team proposed that a Mr. LOTT, proposes an amendment numbered ponents their way. Contrary to prece- comprehensive study be conducted. 1621. dent and current law, they want no That is contained in a letter to me Mr. BOND. Mr. President, I ask unan- economic activity on these public dated July 30, 1999, from Charles G. imous consent that reading of the lands which are multiple-use lands in Groat, Director of the U.S. Geological amendment be dispensed with. the State of Missouri. Survey, the Office of the Director, the

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10554 CONGRESSIONAL RECORD — SENATE September 8, 1999 U.S. Department of the Interior in Res- decision, and it is a consensus of all of I do as chairman of the Indian Affairs ton, VA. those agencies I outlined that they Committee. Certainly Indian trust I ask unanimous consent that a copy don’t have the information. I think it funds have been an issue on which we of this letter be printed in the RECORD. is also a strong consensus of all the have been at odds for literally months There being no objection, the mate- agencies that we must protect the en- with the Secretary. In addition to that, rial was ordered to be printed in the vironmental resources of the region. as a member of the Energy Committee, RECORD, as follows: As one who has floated and fished on I have had my disagreements with him U.S. DEPARTMENT OF THE INTERIOR, the streams in the Mark Twain Na- on grazing, water, and many other U.S. GEOLOGICAL SURVEY, tional Forest, I can tell you that it is things, too. But there are at least four Reston, Virginia, July 30, 1999. a real gem. I flew over much of the reasons to oppose this amendment. Hon. CHRISTOPHER S. BOND, area and I visited on foot much of the I hope my friend, the Senator from U.S. Senate, Washington, DC. area in the last month. I can tell you Florida, will consider withdrawing it. DEAR SENATOR BOND: This is in response to that it is a beautiful wilderness. But it First, after the Supreme Court de- your letter of July 20, 1999, to Mr. Jim Barks, is a multiple-use area. It is used for cided in Seminole v. Florida that In- related to mining in the Mark Twain Na- recreation; it is used for timber; it is dian tribes cannot sue States for un- tional Forest (MTNF) area. In your letter, you ask that we provide a brief and clear as- used for mining. We flew over some 160 willingness to negotiate Indian gaming sessment as to the quality of information exploratory drilling sites. But you agreements, it created a terrific prob- that was compiled by the interagency tech- don’t see them because they grow back. lem, as many Members know. We have nical team charged with building a ‘‘relevant As a matter of fact, I had my picture spent a considerable amount of time in database to assess mining impacts and base taken in one of the exploratory sites. our committee, with me as the chair- future decisions.’’ You ask that we, ‘‘specifi- There is an exploratory site 2 years man of that Committee on Indian Af- cally address the question as to the adequacy after the exploration stopped. It is fairs, looking for ways that States and and relevance of information currently growing back. In another few years you tribes can come to some consensus. available to provide a solid scientific founda- won’t even be able to tell it is there. We have a pending bill, S. 985. We tion for any decision to justify either with- That is why the scientists said that have worked on it very hard. We want drawal or mining in the region.’’ In 1988, an interagency technical team was exploratory drilling has no impact. So the legislative process to proceed. The assembled to guide the identification, collec- it is not even an issue. It has no envi- Indian Gaming Regulatory Act re- tion, and dissemination of scientific infor- ronmental impact. That is not a prob- quires tribes to have compacts before mation needed to assess the potential envi- lem. they can operate class III gaming. ronmental impact of lead mining in the There are those who do not live in Right now, unfortunately, the States MTNF area. Since 1989, the team has been the area who say that no economic use hold all the cards since the court de- chaired by Bob Willis of the Forest Service. can be made. But I believe that for the cided the States do not have to nego- The U.S. Geological Survey (USGS) has ac- good of the country, for the good of the tiate in good faith. tively participated on the team from the be- area, to satisfy our needs, to provide The Secretary of the Interior is now ginning, with Mr. James H. Barks, USGS in Federal court over his ability to Missouri State Representative, serving as the work for 1,800 miners in the area, our representative. to provide the support for the schools, issue the kind of procedures that this The technical team believes that there is for the communities, for the roads and amendment seeks to stop. As the Sen- insufficient scientific information available infrastructure in the area, we must fol- ator from Florida probably knows, to determine the potential environmental low the long established, rigorous eval- these procedures can only be put into impact of lead mining in the MTNF area. uation process designed to allow envi- effect if they are published in the Fed- This is a consensus opinion that the tech- ronmentally acceptable activities and eral Register. The States of Alabama nical team has held from the beginning prohibit those that would be adverse to and Florida have sued the Secretary of through the present. Due to the lack of sci- the Interior if this case moves ahead in entific information available to assess the the environment. potential impacts of lead mining, the tech- If you listen to the scientists, as we the courts. It is in the interest of all nical team proposed that a comprehensive have, you know that it takes more in- parties, States and tribes, for the study be conducted. formation than is currently available United States to allow the courts to In January 1998 at the request of the tech- to make that determination. These decide once and for all if the Secretary nical team, the USGS prepared a proposal for questions deserve to be answered before has this authority. a multi-component scientific study to ad- we mine, or before we slam the door in I point out, the House has already re- dress the primary questions about the poten- the face of the regions’ residents and jected a similar amendment. I have a tial environmental impacts of lead mining in force our country to become exclu- letter dated August 2 from the Sec- the MTNF area. Mr. Barks provided a copy of retary of the Interior. I ask unanimous the proposed study to Brian Klippenstein of sively reliant on foreign sources of this your staff at his request on July 9, 1999. Nei- vital mineral. consent that the letter be printed in ther a requirement for full environmental re- I urge my colleagues to support this the RECORD. view to support a Secretarial decision nor a measure. It is a commonsense amend- There being no objection, the letter source of funding has been established. For ment. was ordered to be printed in the these reasons the proposed study has not Mr. CAMPBELL addressed the Chair. RECORD, as follows: been initiated. The PRESIDING OFFICER. The Sen- THE SECRETARY OF THE INTERIOR, Please let us know if we can provide addi- ator from Colorado. Washington, DC, August 2, 1999. tional information or assistance. AMENDMENT NO. 1577 Hon. BEN NIGHTHORSE CAMPBELL, Sincerely, Mr. CAMPBELL. Mr. President, I was U.S. Senate, Washington, DC. CHARLES G. GROAT, off the floor. What is the pending busi- DEAR SENATOR CAMPBELL: As you know, a Director. floor amendment has been submitted for in- ness? Are we going back to the Graham Mr. BOND. Mr. President, there is tended action on the FY 2000 Interior appro- amendment now? priations bill which would preclude the De- further backup and supportive informa- The PRESIDING OFFICER. We are tion that I can provide. But, in sum- partment from expending any funds to im- now on Senator BOND’s amendment. We mary, my amendment provides the plement the Indian gaming regulation pub- left the Graham amendment. lished in the Federal Register on April 12, money for the research that the tech- Mr. CAMPBELL. I ask unanimous 1999. The question of our authority to pro- nical team says it needs, and it pre- consent to return to the Graham mulgate that regulation is in litigation in serves the current rigorous environ- amendment so that I may speak in op- the Northern District of Florida in a case mental process which will take years position to it for a minute. brought by the States of Florida and Ala- to complete. If lead is discovered, if it The PRESIDING OFFICER. Without bama. I urge you to oppose the amendments is economically viable, and if the com- in recognition of the fact that the matter is objection, it is so ordered. now in the courts, and we have agreed to re- pany decides to develop a mining plan The Senator from Colorado is recog- and apply for mineral production, then frain from implementing the regulation in nized. any specific case until the federal district the whole process will have to start. Mr. CAMPBELL. Thank you, Mr. court has an opportunity to rule on the mer- To vote for this amendment is to President. its of the legal issues. We believe that this vote to let the scientists get what they I don’t think anyone has more dis- matter is best dealt with by the courts and say is necessary to make an informed agreement with Secretary Babbitt than we are eager for a judicial resolution.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10555 The regulation will have narrow applica- class III gaming; that is, casino gam- by law within that State; for example, tion. It applies, by its terms, only (1) when ing, slot machines, video poker, and a State that may authorize only a lot- an Indian Tribe and a State have failed to other casino-type games. tery might be pressed by a tribe to per- reach voluntary agreement on a tribal-state Under IGRA, the Congress very clear- mit slot machines—clearly something gaming compact; and (2) when a State suc- cessfully asserts its Eleventh Amendment ly intended to authorize Indian tribes that IGRA did not contemplate. It is in immunity from a tribal lawsuit and thus to enjoy and to participate in gaming that area that we have had some very avoids the mediation process expressly pro- activities within their respective serious disagreements. vided in the Indian Gaming Regulatory Act. States to the same extent as a matter The new Interior Department regula- The regulation will be implemented on a of public policy that the State confers tions destroy the compromise that is case-by-case basis, controlled by the facts gaming opportunities generally to the reflected in IGRA. It is in my view a and law applicable to each situation. As State. blatant attempt by the Secretary to re- noted above, we are already in litigation in There are two clear extremes. In one write the law without congressional federal court in Florida over the lawfulness case, we have the States of Utah and of the regulation. approval. The rule that has been pro- In a letter dated May 11, 1999, I explained Hawaii. Those are the only two of the mulgated allows the Secretary to pre- our concern that we do not think a legal 50 States that I am aware of that per- scribe ‘‘procedures’’ which the Interior challenge to the regulation is ‘‘ripe’’ for ad- mit no form of Indian gaming. It is Department characterizes as a legal judication until the Department had actu- very clear that because those two substitute for a tribal-State compact, ally issued ‘‘procedures’’ under it. Since that States as a matter of public policy con- in the event a State asserts an 11th time, we have sought to dismiss a legal chal- fer no gaming opportunities upon its amendment sovereign immunity de- lenge on ripeness grounds. We intend to go citizenry, Indian tribes in Utah and Ha- fense to a suit brought by a tribe forward with processing tribal applications waii have no ability to conduct gaming under our regulation and to issue ‘‘proce- claiming a State has not negotiated in dures’’ if they are warranted. It is important activities within the class III descrip- good faith. to note that any such ‘‘procedures’’ become tion, the so-called casino-type games. The effect of this rule for all intents affective only when published in the Federal Equally clear at the other end of the and purposes nullifies the State’s con- Register. As noted above, we have agreed to spectrum is my home State of Nevada. stitutionally guaranteed sovereign im- refrain from publishing any procedures until Nevada has embraced casino gaming munity by allowing the Secretary of the federal district court has an opportunity since 1931. It is equally clear in Nevada the Interior to become a substitute to rule on the merits of the legal issues. law that the Indian tribes in my own Federal court that can hear the dispute The House of Representatives rejected an State are entitled to a full range of ca- brought by the tribe against the State. amendment that would have precluded im- plementation of the rule and I hope that the sino gaming. Indeed, compacts have Ironically, the new rule permits a tribe full Senate will do the same. As you know, in been introduced to accomplish that to sue based on any stalemate brought the past, I have recommended that the Presi- purpose. about by its own unreasonable de- dent veto legislation containing similar pro- Under IGRA, the class III gaming ac- mands on the State, such as insisting visions. tivity is lawful on Indian lands only if on gaming activities that violate that Thank you for your assistance on this im- three conditions are made: State’s law. portant matter. No. 1, there is an authorized ordi- I support this amendment because I Sincerely, nance adopted by the governing body of believe, as do the Governors and the BRUCE BABBITT. a tribe and approved by the Chairman States Attorney General, that the Sec- Mr. CAMPBELL. In that letter, the of the National Gaming Indian Com- retary does not possess the legal au- Secretary indicates the final rule will mission; thority he has sought to grant to him- not be implemented and no tribal No. 2, located in a State that permits self under this rule, and that statutory agreements will be authorized until the such gaming for any purpose by any modifications to IGRA are necessary in courts decide the real issue of whether person, organization, or entity—I want order to resolve a State’s sovereign im- he has authority to issue these proce- to return to that because that is the munity claim. dures. That may take several years. key here—located in a State that per- In a letter to the majority leader and I ask the legislative process proceed mits such gaming for any purpose by the Democratic leader, the Nation’s and we not short circuit it with this any person, organization, or entity. Governors stated they strongly believe amendment. I ask the Senator from No. 3, are conducted in conformance that no statute or court decision pro- Florida to withdraw that amendment. with a tribal-State compact. vides the Secretary of the U.S. Depart- I yield the floor. As I know the distinguished occupant ment of Interior with the authority to The PRESIDING OFFICER. The Sen- of the Chair fully understands, the im- intervene in disputes over compacts be- ator from Nevada. plementation of IGRA requires that tween Indian tribes and States about Mr. BRYAN. Mr. President, I rise compact be negotiated and entered into casino gambling on Indian lands. In today in support of the amendment of- between the Governor of the State and light of this strongly held view, the fered by the distinguished Senators the tribe within that State that is States of Florida and Alabama have al- from Florida and Wyoming, Mr. GRA- seeking to conduct class III activity. ready filed suit against the Secretary HAM and Mr. ENZI. This is an amend- When IGRA was enacted in 1988, Con- to declare the new rule ultra vires. ment that prevents the Interior De- gress was careful to create a balance The most troubling aspect of the new partment from implementing new reg- between State and tribal interests. One rule is that the Secretary of the Inte- ulations that seriously threaten the of the fundamental precepts of IGRA is rior grants himself the sole authority rights of States to regulate gaming ac- that States and tribes must negotiate to provide for casino gaming on Indian tivities within their borders. agreements or compacts that delineate lands in the absence of the tribal-State This amendment reinstates the pro- the scope of permissible gaming activi- compact. hibition on the Secretary of the Inte- ties available to the tribes. Again, the As a former Governor, I appreciate rior, which expired on March 31, from intent of IGRA is clear and I support the States’ concern with the inherent approving casino gaming on Indian its concept. Very simply stated: To the conflict of interest of the Secretary in land in the absence of a tribal-State extent that a State authorizes certain resolving a major public policy issue compact. A similar provision was gaming activity as a matter of public between a State and Indian tribe while adopted unanimously by the Senate as policy within the boundaries of that also maintaining his overall trust re- part of the fiscal year 1998 Interior ap- State, Indian tribes located within that sponsibility to the tribe. propriations bill as well as the fiscal State should have the same oppor- I ask my colleagues to consider the year 1999 omnibus appropriations bill. tunity. There is no fundamental dis- Secretary of the Interior would in ef- As many of my colleagues are aware, agreement about that. fect be the arbiter where a dispute the Indian Gaming Regulatory Act en- However, a situation has arisen in a arose between the tribe and the Gov- acted in 1988 divides Indian gaming number of States in which Indian ernor in which the tribe was asserting into three categories. The amendment tribes have tried to force Governors to a claim to have more gaming activity offered for consideration on the Senate negotiate extended gaming activities than is lawfully permitted in the State. floor today addresses the conduct of that are not authorized or permitted The Secretary of the Interior, who

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10556 CONGRESSIONAL RECORD — SENATE September 8, 1999 holds a trust responsibility to the I yield the floor. prevent Indian tribal governments tribe, would in effect be making the de- The PRESIDING OFFICER. The Sen- from engaging in activities that have termination in that State as to what ator from Washington. been authorized by the U.S. Congress kind of gaming activity would be per- Mr. GORTON. Mr. President, it is and sanctioned by the Supreme Court mitted. I cannot imagine something still the opinion of the managers that of the United States. that is a more flagrant violation of a this amendment is likely to be accept- My colleagues know well that there State’s sovereignty and its ability, as a ed by voice vote. We still haven’t di- has been a serious impasse in the oper- matter of public policy, to cir- rectly heard from the Senator from Ha- ation of federal law, the Indian Gaming cumscribe the type of gaming activity waii, however, who may be nearby. I Regulatory Act—IGRA—since 1996. permitted. The States have asserted a hope when he finishes we can cast such In that year, the Supreme Court con- wide variety of these. Some States, as a vote. cluded that the means by which tribal I indicated earlier, provide for no gam- We have heard, on the other hand, governments could have recourse to ing activity at all. Others provide for a the senior Senator from Illinois wishes the Federal courts if a State refused to full range of casino gaming, as does my to speak against the Lott amendment negotiate for a tribal-State compact own State. Other States permit lot- proposed for him by Senator BOND and violated the states’ eleventh amend- teries. Still others authorize certain will ask for a vote on that. So we will ment immunity to suit. types of card games. Others permit a await his presence and his speech on Thus, while there are presently over variation of horse or dogtrack racing, that subject before there is any at- 128 tribal-State compacts as many as 24 both on- and off-track. tempt to bring that amendment to a States, in those States where tribal- So a State faces the real possibility, vote. But for all other Members with State compact negotiations had not under this rule, if it is not invali- the other 64 amendments, now that we been brought to fruition by 1996, the dated—and I believe legally it has no have started to deal with two of them, Court’s ruling gave those States a force and effect, but we want to make we would certainly appreciate their trump card in the negotiations. sure this amendment prohibits the at- coming to the floor and showing a will- Those States—and there are only a tempt of the Secretary to implement ingness to debate. The Democratic few—now had a means of avoiding com- it—in effect, the Secretary of the Inte- manager, Senator BYRD, and I are cer- pliance with the Federal law alto- rior would have the ability to set pub- tainly going to be happy to grant unan- gether. They could refuse to negotiate lic policy among the respective States imous consent to move off of one any further, or refuse to negotiate at as to what type of gaming activities amendment and onto another, I am all, with the knowledge that tribal gov- could occur on Indian reservations sure, to keep the debate going with the ernments had no remedy at law and no within those States. We are talking hope of making progress on the bill. recourse to the Federal courts. now about class III casino gaming. With that, however, I yield the floor. We have tried to address this matter Even though a State Governor and the Mr. BYRD. Mr. President, I join with through legislation, and indeed, the legislature and the people of that State my distinguished colleague, the man- chairman of the Indian Affairs Com- may have determined, as a matter of ager of the bill, in urging Senators to mittee, Senator BEN NIGHTHORSE CAMP- public policy, that they want a very come to the floor and debate these BELL, currently has a bill pending in limited form of gaming—a lottery or amendments. It is my understanding, the Senate which specifically addresses racetrack betting at the track as op- as it is his, that the distinguished Sen- this matter and establishes a process posed to off-track—the Secretary ator from Illinois, Mr. DURBIN, wishes for resolving this impasse. would have the ability, when a tribe as- to speak against the amendment by the In the interim, the Secretary of the Interior has stepped into the breach— serted more than the State’s law per- distinguished Senator from Missouri, first by soliciting public comment on mitted, to, in effect, resolve that. I Mr. BOND, and he will certainly have his authority to promulgate regula- cannot think of anything that is more that opportunity. violative of a fundamental States I trust the offices of Senators—I am tions for an alternative process if trib- rights issue in terms of its sovereignty sure they are watching and listening— al-State compact negotiations should and its ability as a matter of public will pass on to the respective Senators fail, and then by following the adminis- policy to make that determination. this urgent message that we are trying trative procedures to assure that ev- I agree with many of my colleagues to state here, that we are here, we are eryone with an interest had an oppor- that statutory changes to IGRA are in here to discuss amendments, debate tunity to participate in the rulemaking order, in light of recent court deci- them, agree to them, vote them down, process. That was the open and public and sions. I am hopeful that Congress will vote them up, amend them further, or well above-board process that was fol- see fit to reassert its lawmaking au- whatever. But Senators need to come lowed, and it seems to me only fair thority in this area by reexamining to the floor and make their wishes that if a State refuses to negotiate IGRA, rather than sitting on the side- known so that this valuable time will lines while the Secretary of the Inte- with a tribal government,—that there not be lost. So I urge our Senators to rior performs that task. be some other means by which an in- But, in the meantime, it is impera- act accordingly. Now I yield the floor. dian government can secure its right tive that the Congress prohibit the Mr. President, I suggest the absence under Federal law to conduct gaming Secretary from approving class III of a quorum. activities. gaming procedures without State ap- The PRESIDING OFFICER. The Mr. President, if there were a pro- proval. For that reason, I urge my col- clerk will call the roll. ponent of this amendment that could leagues to support the carefully crafted The bill clerk proceeded to call the tell us what equitable alternative they amendment by my colleague from roll. would propose for those tribal govern- Florida, Senator GRAHAM, and Senator Mr. INOUYE. Mr. President, I ask ments that will be directly affected by ENZI from Wyoming—an amendment to unanimous consent that the order for this amendment, I would give that al- preserve the role for States in the con- the quorum call be rescinded. ternative my earnest consideration. duct of gaming on Indian lands. The PRESIDING OFFICER. Without But all that I see going on here is an It is fair, it is balanced, and it is rea- objection, it is so ordered. effort to assure that the windfall en- sonable. It is consistent with the over- Mr. INOUYE. Mr. President, may I be joyed by those States that had not en- all intent of IGRA, which was adopted recognized? tered into compacts by 1996, never have in 1988 by the Congress, to permit class The PRESIDING OFFICER. The Sen- to do so. III gaming activities when the three ator from Hawaii is recognized. I suggest that if what we are about conditions which I have enumerated Mr. INOUYE. Mr. President, with the here is to render the Indian Gaming are met, ultimately with a compact ne- greatest respect for my friend from Regulatory Act a nullity, then let’s be gotiated by the Governor and the tribe Florida, I rise in opposition to the direct and forthright about it. within that State. In the absence of amendments he proposes to the Inte- Let’s repeal the Federal law. such an agreement, the Secretary of rior appropriations bill. Let’s have the Supreme Court’s rul- the Interior must not be allowed to de- As similar amendments have done in ing in Cabazon be the order of the day termine that State’s public policy. prior years, this amendment seeks to and of every day to come.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10557 I, for one, will not be party to this open casinos, regardless of the opinion Mayor Glenn’s concerns have been obvious effort on the part of some of the State itself, despite his obvious seconded by other communities. Let States to evade the mandates of the conflict of interest, and even in the ab- me share with you an editorial that ap- Federal law. sence of any bad faith on the part of peared in the Montgomery Advertiser There is nothing constructive being the States. I fail to see how the Sec- in regards to regulations being dis- advanced today. There is no effort to retary of the Interior can cede himself cussed today. The Advertiser wrote: assure some balance in the positions of the authority to make this determina- Direct Federal negotiations with tribes the respective sovereigns, tribal and tion for the people of Alabama. Allow without State involvement would be an State governments, and as such, I must me to quote two points from the legal unjustifiably heavy handed imposition of au- strongly and respectfully oppose the analysis prepared by the States of thority on Alabama. The decision whether to adoption of this amendment. Florida and Alabama which highlight allow gambling here is too significant a deci- I thank the Chair. I yield the floor. these issues: sion economically, politically, socially to be At the request of Mr. GORTON, the The States of Florida and Alabama made in the absence of extensive State in- following statement was ordered print- point out in their lawsuit that ‘‘under volvement. A casino in Wetumpka—not to mention the others that would undoubtedly ed in the RECORD: IGRA, an Indian tribe is entitled to Mr. SESSIONS. Mr. President, I rise follow in other parts of the State—has impli- nothing other than the expectation cations far too great to allow the critical de- today to join with my distinguished that a State will negotiate in good cisions to be reached in Washington. Ala- colleagues, Senator ENZI and Senator faith. If an impasse is reached in good bama has to have a hand in this high stakes GRAHAM, in offering this important faith under the statute, the Tribe has game. amendment to the fiscal year 2000 Inte- no alternative but to go back to the ne- Mr. President, the States of Alabama rior appropriations legislation. This is gotiating table and work out a deal. and Florida were correct to challenge an amendment that should be sup- The rules significantly change this by this regulatory proposal, and the writ- ported by anyone who is concerned removing any necessity for a finding ers of the above quoted letter and edi- about the issue of gambling, and who that a State has failed to negotiate in torial were correct when they voiced also believes that the Federal Govern- good faith. The trigger in the rule their objections to it. We should not ment often goes too far in exerting its would allow secretarial procedures in allow the Secretary of the Interior to will on the individual States. I think the case where no compact is reached promulgate rules giving himself the that the amendment we offer today, within 180 days and the State imposes authority to impose drastic economic, which will prohibit taxpayers money its Eleventh Amendment immunity.’’ political and social costs on our local Additionally the States’ challenge from being expended to implement the communities, and we should take steps points out the problems associated final rule published on April 12, 1999 at now to ensure that he is unable to do with the Secretary of Interior’s con- 64 Federal Register 17535, is an impor- so. I urge my colleagues’ support for flict of interest. In their argument the tant amendment because if it passes it the Graham-Enzi amendment. will prohibit the Secretary of the Inte- States point out that ‘‘the rules at Mr. GRAHAM. Mr. President, on rior from unilaterally approving the issue here arrogate to the Secretary April 12, 1999, Thomas Jefferson must expansion of casino gambling on Tribal the power to decide factual and legal have turned over in his grave. That land throughout this country, includ- disputes between States and Indian Monday, the Secretary of the Interior ing States, like Alabama, in which a Tribes related to those rights. Pursu- promulgated a regulation which had Class III gambling compact has not ant to 25 USC Section 2 and Section 9, the potential to unilaterally strip the previously been negotiated. the Secretary of the Interior stands in Allow me to briefly share some of my a trust relationship to the Indian duly elected Governors of America of thoughts on the importance of this tribes of this nation. The rules set up their decision-making authority on the amendment. As Attorney General of the Secretary, who is the Tribes’ trust- issue of casino gambling. Alabama, I cosigned a letter with 25 ee and therefore has an irreconcilable That day, the Secretary published other Attorneys General that was sent conflict of interest as the judge of regulations that would circumvent the to the Secretary of the Interior in re- these disputes. Therefore, the rules, on State-tribal compact negotiation proc- gards to his promulgation of the rule their face, deny the States due process ess by allowing tribes to apply directly we seek to block today. Every Attor- and are invalid.’’ to the Department of Interior for the ney General who signed that letter Both of these points help to illus- approval of Class III gaming. If the shared the opinion that the Secretary trate just how badly flawed the regula- Secretary determines that the State of the Interior did not have the legal tion proposed by the Secretary of the and tribe have not been able to reach authority to take action to promulgate Interior is, and help underscore why an agreement, he, alone, can grant the regulations which gave him the author- Congress should be vigilant in ensuring tribes the authority to engage in Class ity to allow casino gambling in this it cannot be utilized. III gaming. manner. In fact, I previously warned Why is this issue so important to my Class III gaming is the sort of gam- the Secretary that if he attempted to State? Because in giving himself the bling you might find in Atlantic City implement this rule, he would imme- ability to decide whether to allow trib- or Las Vegas—blackjack, slot ma- diately be sued by States throughout al Class III gambling in a State, the chines, craps, roulette. this country in direct challenge to Secretary of Interior has given himself It’s an old story, Mr. President: these regulations, resulting in a ter- the ability to impose great social and Washington knows best. But in an era rible waste of resources on both the economic burdens on local commu- when we have correctly determined State and Federal level. Unfortunately, nities throughout Alabama. Let me that political decisions are best made my prediction has come true, as the share with you a letter that the mayor at the State and local level, this com- States of Florida and Alabama have of Wetumpka, Jo Glenn, whose commu- plete abrogation of States’ rights is filed suit to block the implementation nity is home to property owned by a particularly outrageous. Today, Sen- of this rule. tribe, wrote me in reference to the ator ENZI and I are taking steps to re- This is an important issue for my undue burdens her town would face if verse the Interior Department’s power State, which has a federally recognized the Secretary were to step in and au- grab. Our amendment to the Interior tribe and which has not entered into a thorize casino gambling. Mayor Glenn Appropriations bill would preserve the tribal-State gambling compact. Ala- writes: fundamental right of every State to de- bama’s citizens have repeatedly re- Our infrastructure and police and fire de- cide whether or not it wants Class III jected attempts to allow casino gam- partments could not cope with the burdens Indian gaming within its borders. It bling to occur within our State. How- this type of activity would bring. The de- would block these efforts to unilater- ever, under the rules that the Sec- mand for greater social services that comes ally approve tribal casino-style gam- to areas around gambling facilities could not retary of the Interior has promulgated, be adequately funded. Please once again con- bling applications by prohibiting the he has given himself the authority to vey to Secretary Babbitt our city’s strong use of Department of Interior funds for unilaterally decide whether tribes and adamant opposition to the establish- the implementation of the Secretary’s within the State will be allowed to ment of an Indian Gambling facility here. final rule.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10558 CONGRESSIONAL RECORD — SENATE September 8, 1999 The final rule publication on April 12 AMENDMENT NO. 1603 intent of Federal law governing the as- is fraught with long-term con- (Purpose: To prohibit the use of funds for the sessment and collection of Federal roy- sequences. If we allow the long-stand- purpose of issuing a notice of rulemaking alties from oil and gas drawn from Fed- ing tribal-State negotiation process to with respect to the valuation of crude oil eral lands in the Outer Continental be bypassed, we will undermine a dia- for royalty purposes until September 30, Shelf. logue which has promoted greater un- 2000) Everyone agrees the existing rules derstanding between both parties in Mrs. HUTCHISON. Mr. President, I are too complex and burdensome, and the negotiation of gaming compacts. call up amendment No. 1603. Congress and the industry groups had The PRESIDING OFFICER. Without This amendment does not limit the welcomed a revision of the rules. But objection, the pending amendments the proposed rule 3 years ago which ability of tribes to obtain Class III ca- will be set aside. sino-style gambling provided that MMS announced without prior notice The clerk will report. to Congress could impose even more tribes and States enter into valid com- The bill clerk read as follows: pacts pursuant to existing law. costly regulations on oil producers and The Senator from Texas (Mrs. HUTCHISON), effectively enact a royalty rate hike or But even more importantly, Depart- for herself, Mr. DOMENICI, Mr. LOTT, Mr. tax increase which the agency simply ment of Interior’s action calls into NICKLES, Mr. BREAUX, Mr. MURKOWSKI, Ms. does not have the authority to do. question the basic right of States to LANDRIEU, and Mr. SHELBY, proposes an amendment numbered 1603. While the larger oil companies might make decisions that are in the best in- be able to absorb these costs, hundreds Mrs. HUTCHISON. Mr. President, I terest of their residents. In the State of of small independent producers prob- ask unanimous consent that the read- Florida, our Constitution prohibits this ably will not. This new rule hits them ing of the amendment be dispensed sort of gambling, and in 1978, 1986, and at a time when they are still reeling with. 1994, Floridians overwhelmingly re- from the historically low oil prices we The PRESIDING OFFICER. Without jected casino gambling in three sepa- have seen lately. objection, it is so ordered. rate statewide referendums. State and Anyone who has any kind of oil pro- The amendment is as follows: local law enforcement officials are duction in their States knows that equally vehement in their opposition. On page 62, between lines 3 and 4, insert hundreds of thousands of oil-related the following: Mr. President, our amendment has jobs in our country have gone out of SEC. 1 . VALUATION OF CRUDE OIL FOR ROY- the support of the National Governors ALTY PURPOSES. existence in the last 6 months. We all Association, National Association of None of the funds made available by this know that oil prices went down to $10 Attorneys General, National League of Act shall be used to issue a notice of final a barrel. We have not seen that in this Cities, and the National Conference of rulemaking with respect to the valuation of country for 40 years. We know that State Legislatures. crude oil for royalty purposes (including a small independent producers had to go rulemaking derived from proposed rules pub- out of business, thus throwing hun- Four times in the past three years, lished at 62 Fed. Reg. 3742 (January 24, 1997), dreds of thousands of people off the an amendment similar to this one has 62 Fed. Reg. 36030 (July 3, 1997), and 63 Fed. payroll. been offered in the Senate, and all four Reg. 6113 (1998)) until September 30, 2000. In addition, there are two recent de- times it has been accepted. Should it Mrs. HUTCHISON. Mr. President, I velopments that justify more than ever fail this time, the Interior Department ask unanimous consent that Senator before the extension of the morato- will have unfettered power to grant SHELBY be added as a cosponsor to this rium. First, the MMS itself says it Class III gaming compacts over State amendment. needs more time to review its rule; sec- objections, even in State where casino The PRESIDING OFFICER. Without ond, a serious ethical and legal ques- gambling is against State law, includ- objection, it is so ordered. tion has recently been raised about the ing in States like Florida, where casino Mrs. HUTCHISON. Mr. President, I rulemaking process. gambling is prohibited by the State offer this amendment on my behalf, Earlier this year, the Minerals Man- constitution. and in addition to Senator SHELBY, agement Service did reopen the com- This amendment neither affects ex- Senators DOMENICI, LOTT, NICKLES, ment period for their rule for 30 days. isting tribal-State compacts nor BREAUX, MURKOWSKI, and LANDRIEU. During that period of time, they re- amends the Indian Gaming Regulatory This amendment will continue an ex- ceived extensive comments dealing Act. It does protect States’ rights and isting provision that will prevent the with the many facets of this issue, and ensures that elected State leaders—not Interior Department’s Minerals Man- they have not yet finished reviewing unelected Federal officials—have the agement Service, MMS, from imple- and considering those comments. right to negotiate gaming compacts menting an overreaching and unwise Because they have held workshops based on public sentiment. new oil royalty valuation system. This and various oil industry representa- moratorium was adopted by the Senate I hope that my colleagues will join tives and others interested in this issue Appropriations Committee and con- have been able to meet together, it is Senator ENZI, our cosponsors, and my- tinues the same restrictions that have self in supporting this amendment. going to take time for the agency to di- been passed by the Senate and the gest the input they have. I hope there I thank the Chair. House and signed by the President is a window in which the Minerals The PRESIDING OFFICER. The Sen- three times previously. Management Service will be able to sit ator from Washington. I add that it has been bipartisan, and down and come up with something that the initial moratorium and its subse- is fair and will not put more of our oil Mr. GORTON. Mr. President, as far as quent extensions have been supported industry jobs off the books and into I know, that concludes debate on the by Senators on both sides of the aisle, foreign countries. Graham-Enzi amendment. As far as I and the same is true on the House side. Remember, today we import more know, Members are willing to accept a This will be the fourth time that Con- than 50 percent of the oil needs of our voice vote on the amendment. So un- gress will have to act to stop this ac- country. We are certainly not doing less someone else rises, I suggest the tion by the Minerals Management anything to help our own oil industry President put the question. Service. I regret that, and I wish there keep oil jobs in America, and it is a se- The PRESIDING OFFICER. The did not have to be a first time. But this curity risk to any country that cannot question is on agreeing to amendment moratorium is absolutely necessary in produce 50 percent of its energy needs. No. 1577. order to stop the MMS from overriding I think everything we can do to keep The amendment (No. 1577) was agreed its regulatory authority by imposing a this industry strong is a security issue to. backdoor tax on the production of oil for our country, and it is certainly a from Federal leases. jobs issue. Several Senators addressed the We have heard about judges legis- Unfortunately, extending the mora- Chair. lating from the bench. This is, I think, torium through the next fiscal year is The PRESIDING OFFICER. The Sen- legislating from the cubicle. This new the only way we are going to be able to ator from Texas. rule violates both the language and the get this agency to produce a workable

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10559 rule that stays within the bounds of estimates the proposed rule will gen- have collected in oil royalties. But en- the law. That is what we are trying to erate in new income for the agency. forcement of the law and writing the do. Federal law requires for purposes of law are two separate things. The MMS In fact, I want our oil industry to pay royalty payments the value of oil seems to have forgotten that it is the its fair share of royalties to the people drawn from Federal land is to be as- responsibility of Congress, not the gov- of our country. Our taxpayers deserve sessed at the wellhead; that is, when ernment bureaucrats, to determine that. That is exactly what we are try- the oil is drawn from the ground. The what the royalty is. That is why we ing to do with the MMS. But the MMS MMS, however, continues to try to as- must continue this moratorium until has been very heavy handed, and they sess the value of the oil away from the Congress says this is the right ap- act as if businesses going out of exist- wellhead, after the oil has been trans- proach. ence is preferable to having a fair roy- ported, processed, and marketed, each The new rule imposes upon Federal alty rate in which the industry would of which must occur before the oil can lease producers a duty to market their pay its fair share and we would keep be sold. In effect, the MMS is trying to oil without allowing the cost to be de- jobs in America. get a free ride on these costs rather ducted. Oil does not sell itself. There Several of my colleagues and I than allowing companies to deduct are overhead costs associated with list- strongly urged MMS to sit down with them from the price they ultimately ing the oil for sale, locating buyers, fa- Members of Congress and industry rep- receive for the oil. So you are asking cilitating the sale, and then ensuring resentatives to discuss these issues. It people to pay a tax on their cost of that the oil is delivered to that buyer. did so last year. Some progress was doing business. That does not make Federal law and existing regulations made, and I thought we were coming economic sense. It certainly doesn’t only require that the lessee place the toward a compromise. Unfortunately, pass the fairness question. oil in marketable condition; that is, the Department of the Interior brought There isn’t any question that the ex- that the oil is ready to be sold by re- the progress to an abrupt halt. The isting system of computing Federal oil moving water and other impurities only way we will be able to sit down royalties is overly complex. No one dis- from it. But lessees are allowed, under with the agency is if there is a morato- putes that. Under the current system, current law, to deduct the costs associ- rium until there is a satisfactory reso- oil producers are often unclear as to ated with transporting and marketing lution of this issue by the MMS and the what their royalty payments are sup- the oil. Members of Congress who are inter- posed to be, and even the MMS is often The new rule, as contained in the ested in keeping oil jobs in America. at a loss as to what they are owed. But MMS’ own explanation, states that the In addition, I and other Members of rather than propose a simpler method producers must market the oil for the Congress only recently became aware of ascertaining royalty payments, the mutual benefit of the lessee and the of a situation that, frankly, calls the MMS has proposed an even more com- lessor. This, then, would mean pro- entire rulemaking process into serious plex and protracted litigation over just ducers would no longer be allowed to question. This spring it was revealed what the new rule requires. deduct these costs in order to arrive at that a self-proclaimed government While the proposed rule could bring true wellhead value, as called for by watchdog group called Project on Gov- in increased Federal revenues, the in- Federal law. There is no other way to ernment Oversight, or POGO, gave creased payments could also be eaten slice it. This constitutes a backdoor $350,000 each to two Federal officials: up by the need to hire an army of new royalty rate hike; in effect, a tax in- One at the Department of the Interior Federal auditors to ensure compliance crease on Federal lands producers. and the other at the Department of En- with the complex new system. Further- Secondly, the MMS rule would not ergy, apparently in connection with more, if companies decide not to go allow for the proper deduction of trans- their work on the royalty valuation forward with their drilling because portation costs. Oil producers typically issue. they can’t make any kind of profit, have to bear the cost of transporting This matter is presently under crimi- there will be no revenue to the school- the oil to the buyer, either by pipeline nal investigation at the Department of children in our country because there or truck. Presently, those costs are de- Justice, and it is the subject of an in- will be no oil royalty extracted from termined by using a methodology rec- vestigation by the Department of the those companies. So the new rule is ognized by the Federal Energy Regu- Interior’s inspector general. Until going to be a regulatory thicket that latory Commission, which has regu- these investigations are complete, the really is not going to help the situa- latory authority over interstate oil prudent course would be for the Inte- tion, which is the problem of a too pipelines. So the new MMS rule would rior Department to take a voluntary complex regulation today. actually reject the Federal Govern- action to suspend its plan to finalize Let me also emphasize this amend- ment’s own cost guidelines and impose the new royalty valuation rule. Unfor- ment has nothing to do with the en- a new, untested system for determining tunately, the Department has indi- tirely separate issue of whether or not transportation costs. cated it is not willing to do this. I can’t any particular oil company has paid So it comes down to a simple deci- imagine an agency that has admitted the royalties it owes under the existing sion: Do we want unelected bureau- or at least acknowledged that one of system. crats enacting policy with regard to its employees in this rulemaking proc- I have heard a lot of rhetoric on this our Federal lands, or do we want Con- ess took $350,000 as part of a payment issue. I have heard my colleagues talk gress to establish these policies? There in a lawsuit from this government about the lawsuits and the settlements have been other bills introduced that watchdog organization, and the agency and companies that haven’t paid their would deal with this issue. I hope we is not even willing to say we should fair share. If any oil company has not can come to an agreement. But I don’t call a moratorium on this whole proc- paid its fair share under the existing think we can forget what has happened ess until we get to the bottom of this. regulation, I want it to be prosecuted. to the oil industry over the last 2 That is why, when things such as this I want it to have to pay. That is not an years. In fact, this is coming at a time happen, people don’t trust their Gov- issue in this regulation. The only issue when oil and gas production in our ernment. before us today is what is going to be country is at an all-time low. In March I can’t imagine the Interior Depart- the oil royalty valuation process and is of this year, we saw oil prices in parts ment not volunteering to take this ac- Congress going to have the right to of our country going down to even $7 or tion and sit down with us and make raise taxes or is an unelected bureau- $8 a barrel. sure that this rulemaking process has crat who is not accountable going to While the price of oil has since begun integrity. have that right. to come back up—and today stands at The Interior Department’s proposed Federal land and the mineral re- about $20 a barrel—the impacts of a rule defies the law and the intent of sources within that land belong to us year and a half price crash are rever- Congress. This disregard for the law is all. Proper royalties must be paid for berating throughout the United States. what is at the heart of our objection to the right to extract those resources. Since the price of oil first fell in late the proposed new rule, not the $11 mil- Since 1953, those payments have to- 1997, over 200,000 oil and gas wells have lion the Congressional Budget Office taled over $58 billion. That is what we been shut down. Most of these, of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10560 CONGRESSIONAL RECORD — SENATE September 8, 1999 course, were the low-yield marginal or stock values have fared even worse. try pay an increased tax on their ex- ‘‘stripper’’ wells that will never again The yield on independent refiner penses. That is unheard of in econom- be opened because it is not economi- stocks, down 40 percent. The yield on ics in our country, nor good business cally feasible to do it. exploration and production stocks, sense. It is confiscatory taxation, and In March of this year, crude oil pro- down 63 percent. The yield on drilling we will not stand for our retirees hav- duction in the lower 48 States fell to 4.8 stock, down 64 percent. These stock ing their investments obliterated by million barrels per day, the lowest values reflect huge losses by oil compa- taxes that are unfair. The buck stops level in 50 years. The number of oil rigs nies over the past year and a half. Cor- here. It does not stop on the bureau- in service in the United States fell to porate earnings of the 17 major U.S. pe- crat’s desk; it stops here, because we just over 100 for the last week in July, troleum companies fell 41 percent be- are responsible for keeping the jobs in the lowest number in service since tween the first quarter of 1998 and the this country. We are responsible for records have ever been kept. first quarter of 1999. Fourth quarter fair taxation policy. We are responsible During this time, foreign oil imports losses for 1998 and the first quarter of for the schoolchildren of our country. rose steadily and now account for 57 1999 were some of the largest witnessed And the way to keep these companies percent of consumption, well above the in industry history. Some companies paying their fair share, creating the 36 percent import level we saw during have lost over $1 billion during each of jobs, and creating safe retirement sys- the 1974 oil embargo that nearly shut these quarters. tems for the people of our country is to down the American economy. So we are not just talking about the keep the moratorium on and force the The oil crisis has also had a dev- loss of revenue to our schoolchildren. Department of the Interior to do the astating impact on American jobs. We are not just talking about the sta- will of Congress, which is what it is Since November 1997, we have lost over bility of the retirement pension plans supposed to do. If we don’t stand up for 67,000 jobs just in the exploration and of millions of Americans. We are talk- our responsibility, who will? Who will production sectors of this industry, ing about flat bad policy. We are talk- stand up for Congress’ responsibility if which represents 20 percent of the total ing about cutting off an industry that the Senate doesn’t? number of jobs in this field. In January is essential to our security, essential to I urge the adoption of the amend- 1999 alone, 11,500 oil and gas jobs were the retirement security of individuals ment which has been adopted three lost. If one looks back to 1981, the num- in this country, essential to job secu- times before, and which I hope will be bers are even more alarming: Over half rity for thousands of workers; and we adopted again, so that we will keep the a million good-paying American jobs are talking about blithely saying let oil jobs in our country, so that we will have been lost in the oil and gas indus- the bureaucrats who aren’t account- keep the retirement security of the try. able increase the taxes without con- mutual funds that depend on oil com- There are those who would say this is gressional responsibility. panies being stable, so that we will going to hurt our schoolchildren, that Congress didn’t say that last year, keep the schoolchildren of our country they are not going to get the revenues they didn’t say it the year before, and having the ability to get revenue that from our public lands. This is very im- they didn’t say it the year before that. is fair, and to make the oil industry portant in my home State. There are They said: No, you will be accountable pay its fair share. That is what this dozens of school districts that rely because we do care about the school- amendment does. heavily on oil production; property children of this country, we do care I yield the floor. taxes fall with the price of oil. State- about the people living on retirement The PRESIDING OFFICER (Mr. wide school districts will collect an es- incomes in this country, and we do HAGEL). The Senator from New Mexico. timated $154 million less in revenues care about those who have mutual Mr. DOMENICI. Mr. President, I this year than last. That is $154 million funds that include oil industry stocks; know there are Senators who are wait- worth of teachers’ salaries, books, com- we want them to be stable, we want ing to speak on other measures. I am puters, you name it. That is what we them to pay their fair share, and we be- only going to speak for 2 minutes. are talking about in Texas when we lieve their fair share includes not pay- I congratulate Senator HUTCHISON on talk about the impact of oil on edu- ing taxes on their expenses. It is eco- the argument she offered today. She in- cation. nomics 101. dicated that the last three times we So if we are going to hit the oil busi- So I am asking my colleagues, for the have done this, I have either been the ness again, what is it going to do to the fourth straight time, to come forward sponsor and she the cosponsor, or vice schoolchildren of our country? Is it and vote to keep this moratorium so versa. going to take another $154 million hit Congress can exercise its full responsi- I am here today to again indicate in my State? Do you know that they bility, so that we will not put people that whoever follows us and talks had to let teachers off in midyear in out of business because the margins are about the fact that we ought to stick many counties in Texas because they so low and because they have been hit big oil, or we ought to make sure there didn’t have the money because of oil so hard over the last year and a half. are no longer any slick deals, as I see companies going out of business and We are joined by many groups who some of these comments that are going having no income whatsoever? So when care about the economic viability of to be made here on the floor, let me my colleagues say the schoolchildren our country: Frontiers of Freedom, the suggest that if you are taxing anything are going to lose $60 million, perhaps, National Taxpayers Union, Americans in the United States and you are doing in California alone, I point my col- for Tax Reform, Citizens Against Gov- it wrongly or unfairly or without jus- leagues’ attention to the fact that we ernment Waste, Citizens for a Sound tification under the law, then it have lost $154 million this year in Economy, the Alliance for America, doesn’t matter whether somebody is Texas, and we are cutting teachers off People for the USA, Sixty-Plus, the going to lose money if in fact Congress in midyear and shutting down schools Blue Ribbon Coalition, the American says you have to stop doing that. because our oil industry is on its Land Rights Association, the Competi- That is what we have here. We are knees. tive Enterprise Institute, the National going to have Senators argue that During 1998, while the average yield Center for Public Policy Research, Rio there are certain oil companies that for stocks in the Dow Jones Industrial Grande Valley Partnership. are not going to have to pay. There Average was a positive 18 percent, the The moratorium that I am proposing have been settlements where they have yield for oil and gas stocks was a nega- to extend will force the Department to paid. But the truth of the matter is, tive 36 percent. So what does that do to take the time to craft a rule that the intention of this law is, if you are the elderly investor, or the person who works and accurately reflects the will going to change it materially, Congress is investing in mutual funds? What of Congress—a rule that will be fair to is supposed to be involved. does that do to an industry that is very the schoolchildren of our country, a We have tried to get involved. In important for the retirement security rule that will be fair to the taxpayers fact, for 6 months we have mutually at- of millions of our citizens? of our country, a rule that will make tended hearings with the MMS and the For companies inclined toward explo- the oil industry pay its fair share, but oil producers and talked about what ration and production, earnings and a rule that will not make the oil indus- was wrong with these regulations and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10561 rules. Everybody on both sides was say- Mrs. HUTCHISON. Mr. President, if I Section 329, which my amendment ing, let’s fix them; let’s modify them; may say so, I appreciate that this is would strike, would relieve the Forest let’s change them. Frankly, I think the the Hutchison-Domenici amendment. Service from the obligation to develop oil people who were at those meetings Sometimes it is Domenici-Hutchison any new data. And we cannot have who have talked with us and have gone because we both have worked so hard good decisions without good science to hearings in the Energy Committee on this issue over the last 3 years. I ap- and good data. are more than willing to listen to real- preciate the leadership of my colleague After decades of managing our for- istic, reasonable changes. from New Mexico who feels the loss of ests primarily for the production of But essentially what has happened is, oil jobs just as my State of Texas does. logs, we are now managing forests for a the MMS decided to change the rule It is a team effort. variety of uses. But we cannot do that which historically based royalties on Thank you, Mr. President. without baseline data on threatened prices at the wellhead. They decided The PRESIDING OFFICER. The Sen- and endangered species. they would go downstream from that ator from Virginia. We are changing the way we manage wellhead, and they invented a new con- Mr. ROBB. Mr. President, I ask unan- forests and the way we look at forest cept called ‘‘duty to market.’’ They de- imous consent to lay aside the pending uses. Preserving habitat and providing cided that they are going to decide amendment. recreation also have become increas- what expenses are allowed in moving The PRESIDING OFFICER. Is there ingly important. that gas downstream to where the mar- objection? These changes are not easy. Pro- keting occurs. They are deciding what Without objection, it is so ordered. ponents of this section, that my the values are at that point. And we Mr. ROBB. Thank you, Mr. President. amendment would strike, fear that the could go through a litany of situations AMENDMENT NO. 1583 requirements that we make sound deci- where the oil industry believes the de- (Purpose: To strike Section 329 from a bill sions based on sound science and good cisions are not fair, not market ori- making appropriations for the Department data will lead to less logging. This is ented, or not consistent with business of Interior and related agencies for the fis- simply not true. Managing forests for practices. Frankly, I think some—be- cal year ending September 30, 2000) their various uses, which include har- cause it is oil, or big oil—think it just Mr. ROBB. Mr. President, I call up an vesting timber, requires an under- doesn’t matter, stick them. amendment that has been filed at the standing of the entire system, includ- Frankly, as I indicated before, we desk on behalf of myself and Senators ing the plants, animals, even the pests want to stand here and say: Why don’t BINGAMAN, BOXER, CLELAND, CHAFEE, that sometimes inhibit or damage you get serious about fixing those reg- and TORRICELLI. growth. ulations? And we will get off your The PRESIDING OFFICER. The To improve forest management, in back. clerk will report. December of 1997 the Chief of the For- That is what is going to happen. The legislative assistant read as fol- est Service appointed an independent Until they do it realistically and we lows: committee of scientists to advise him get some word that they have been fair The Senator from Virginia (Mr. ROBB), for on ways to bring better science into and reasonable in the way they are set- himself, Mr. BINGAMAN, Mrs. BOXER, Mr. forest planning. The panel’s findings ting these royalty costs and prices that CLELAND, Mr. CHAFEE, and Mr. TORRICELLI, strongly recommended the use of sci- yield dollars in taxes to the oil indus- proposes an amendment numbered 1583. entific evidence in managing forests. try, until we find out there are some Beginning on page 116, strike line 8 and all The panel repeatedly advised that mon- changes made, we are going to be here that follows through line 21. itoring is critical to sustaining forest on the floor saying this is a new add-on Mr. ROBB. Mr. President, I did not health. tax to an industry that maybe 15 years ask that the reading of the amendment In the cases that section 329 seeks to ago we could talk about as if what you be dispensed with because it was so overturn, the courts simply require the taxed them didn’t matter. But we know short and to the point. Federal Government to undertake the that we have a falling production mar- The amendment simply strikes sec- monitoring that their own forest plans ket in the United States. It is more and tion 329 from the Interior appropria- and rules require. Supporters of section more difficult to produce these prod- tions bill we are now considering. Sec- 329 argue that the courts in these two ucts. It is more and more expensive and tion 329 is a rider that is intended to cases have deviated from rulings by cheaper overseas. Some of us don’t overturn recent decisions handed down other courts where challenged timber want to see the American industry by the Eleventh Circuit Court of Ap- sales were allowed to proceed. In other taxed any more than is absolutely rea- peals and the Federal District Court in cases—and here is the important dif- sonable and fair. Washington State dealing with na- ference—the courts had enough data to These regulations are not right. They tional forests. rule in favor of the Forest Service. are not fair; they are not based on mar- These courts were asked to examine There was evidence to show that while ketplace concepts, or we wouldn’t be the activities of the Forest Service and the data gathered may not have been here. BLM to determine whether, in allowing exhaustive, at least it was adequate. I know some are going to want to de- certain timber sales from public lands, In the most recent cases that section bate this for a very long time. Maybe they complied with their own regula- 329 seeks to overturn, the courts, after we will even have to ask for the debate tions and resource management plans noting deference to the Forest Service, to be closed. But we are not going to that were developed under the National recognized the job simply had not been give up very easily. Forest Management Act. The courts done adequately or at all. The courts We ask Senators who pay close atten- found that they did not comply and didn’t rule that each and every species tion. It is not a matter of what we disallowed the sales until they did. had to be monitored. They simply said could get out of this industry or what The forest plans guide the Federal to the Federal Government: You have somebody alleges they would have paid decision-making, so that one activity to follow your own rules. You have to in the settlement. It is a question of in the national forests such as logging gather the data in which a sound deci- whether the new rules and regulations does not occur in detriment to other sion can be based. are right and consistent with fair mar- uses. These plans apply only to na- For example, the Eleventh Circuit ket concepts or not. As you figure the tional forest land—Federal land—not decision delayed seven timber sales in royalty, are you inventing costs and private land. This is land held in trust the southern Appalachian forest in prices and disallowing deductions and for all people and all uses, and the For- Georgia until the Forest Service com- the like that have no relationship to est Service and BLM are charged with pleted an evaluation of the impact the reality? We think that is what these ensuring that decisions involving these sales would have on the forest environ- are. public treasures are made wisely. ment. We would be happy to come back We in Congress continually insist The purpose of the information gath- again and debate. I will be glad to be that Federal regulators operate using ering is to ensure that the Forest Serv- here. But for now I yield the floor. I good science. But there is no good ice makes an informed decision before thank Senator HUTCHISON. science without good data. it allows the removal of expanses of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10562 CONGRESSIONAL RECORD — SENATE September 8, 1999 timber that could be crucial to survival overturn agency actions which do not scru- plan and have developed guidance to of endangered or threatened species or pulously follow the regulations and proce- help meet the court’s directives. In the that could affect overall forest health. dures promulgated by the agency itself. Northwest, they are completing a sup- In a similar action, a Federal judge I suggest to our colleagues who sup- plemental environmental impact state- in Washington State has delayed over port section 329 that we should not as ment that will respond to the court’s 25 timber sales until the Forest Service a result of one court decision turn our concerns. completes the survey work required by backs on the necessity of developing Incidentally, the SEIS was in process the Northwest Forest Plan. good information on plant and animal before the court ruled because the For- In the case involving the southern populations in our national forests. est Service had already recognized that Appalachian forest, the Forest Service This data is the basis of the good the plan needed adjusting, and the plan failed to develop the required baseline science we keep talking about. It will has mechanisms in it to accommodate data on a number of species in both the add to our knowledge. In fact, most change. endangered and the threatened cat- forest districts already have a substan- The Forest Service does not believe egory and in a category known as ‘‘in- tial amount of data and continue to de- this rider is necessary in order to ap- dicator’’ species. For example, the For- velop more. The majority of sales are prove timber sales. In fact, they believe est Service had no population inven- moving forward under the existing it will interfere with timber sales. I want to emphasize an additional tory information at all for 32 of 37 spe- rules and plans. It would be a mistake problem with section 329. It does not cies in one category. The court of ap- to let delays in a few timber sales ne- just apply to timber sales. Again, ac- peals ruled that in proffering the tracts gate all of the important work that is cording to the Secretaries of Agri- now being done. Section 329 effectively of timber for sale, the Forest Service culture and the Interior: failed to comply with its own regula- stops data gathering for the coming fis- The provision which applies for one year tions. The court didn’t just determine cal year. would apply to all of the nearly 450 million that the data was inadequate; the In addition, section 329 establishes a acres of land managed by the two agencies court determined that the data was new standard to be applied by the For- and would apply to all management activi- nonexistent. est Service and the Bureau of Land ties undertaken by the bureaus, not just tim- Under most forest plans, the Forest Management for determining when to ber sales. Service develops lists of indicator spe- approve timber sales. However, accord- We should not be putting a rider on cies to provide a basis for monitoring. ing to the agencies that are required to an appropriations bill to lower the These lists have species such as deer, implement the change, rather than standard for government agencies in bear, bass, and trout. These species are speed timber sales up, it would slow the hope that it might pass unnoticed. representative of all the other species them down. To understand the effect of One of the reasons people get cynical in the forest. The list is short and it is this change, we ought to hear from about their government is that it does designed to be easy to monitor. those who will be responsible for imple- not always do what it says it will do. In In the Eleventh Circuit case, the For- menting the change. this case, we would lower the bar for est Service developed such a list but In a statement issued jointly by the agencies that do not want the bar low- then failed to gather any information Secretaries of Agriculture and Interior ered. The Forest Service believes that on most of the species on the list. In they say: it can do the job right. We would do a the Northwest, the court found that [I]f this rider were adopted, tens of thou- disservice to this body and to the peo- the Forest Service sidestepped similar sands of individual management activities ple who expect us to protect our na- requirements of the forest plan. and planning efforts would be subject to a tional treasure by not demanding that The Northwest Forest Plan is the new legal standard. Federal agencies make informed deci- legal and scientific framework that al- This would have the unintended effect of sions with adequate data. lows timber sales to go forward in the increasing project costs and increasing What section 329 proposes to do is delays in order to conduct time-consuming old growth forests of the Northwest. As lower the standard the first time that reviews of administrative records to docu- agency fails to meet it. I believe this is our colleagues will recall, lawsuits in ment compliance with the new standard. the early 1990s brought logging in that the wrong approach. I believe we Increased litigation and delay could also should strike section 329 from this ap- region to a complete halt. The North- be expected as plaintiffs seek to define the propriations bill and that the Federal west Forest Plan, which was the result new standard in court. Government should comply with the of lengthy and often painful negotia- In an effort to free up a limited number of laws we have passed and the rules it tions, allowed timber sales to go for- timber sales in Georgia and the Pacific has established and the plans it has ward, provided that there was an ade- Northwest, the Senate would unnecessarily override the Federal Court ruling, agency adopted. quate basis to make an informed deci- regulations, and resource management plans Mr. President, I yield the floor. sion. The agreement provides the best requiring the Forest Service and Bureau of The PRESIDING OFFICER. The Sen- hope of sustained yield and multiple Land Management to obtain and use current ator from California. use. This latest ruling by the Western and appropriate information for wildlife and AMENDMENT NO. 1603 District Court of Washington is a re- other resources before conducting planning Mrs. BOXER. Mr. President, I thank minder that the agreement is the oper- and management activities. the Senator from Virginia for his very Moreover, the bill language applies not ating plan for the forests, and that important comments. I rise in very guidance memorandum cannot exempt just to timber sales decisions and required surveys in the forests of the Southeast and strong opposition to the Hutchison the Forest Service from its duty. This Pacific Northwest, but to all activities for amendment that was laid aside and ruling will delay timber sales but only which authorization is required on all lands about which, as I understand it, prob- until the Forest Service completes the managed by the Bureau of Land Management ably we will have to vote on a cloture work laid out in the plan. and the Forest Service. motion. I await the word of the chair- Of the 80 surveys in question, all but As such, it could result in far-reaching, un- man on that. 13 have protocols developed that will intended negative consequences. I want to tell my colleagues that this allow survey work to move forward. In short, the Secretaries who would is a very serious matter. I hope they These decisions are not a result of be required to implement the new will listen very carefully as to why the overstepping by the courts. They are a standard write that: arguments against the Hutchison result of the courts examining the Section 329 is unnecessary, confusing, dif- amendment are so important. I am rules the Forest Service laid out for ficult to interpret, and wasteful. going to say some very strong things itself and merely requiring the Forest If enacted, it will likely result in costly on the floor. But everything I say will Service to operate by the rules it delays, conflicts, and lawsuits with no clear be backed up by fact, backed up by adopted. benefit to the public or the health of public quotes, backed up by court cases, Let me quote from the Eleventh Cir- lands. backed up by recent history on oil roy- cuit decision: The Forest Service, which is charged alty payments. While the Forest Service’s interpretation with implementing the court’s ruling, What the Hutchison amendment will of its Forest Plan should receive great def- is acting. In the southern Appalachian do for the fourth time is to stop Amer- erence from reviewing courts, courts must forests, they are modifying the forest ican taxpayers from receiving the

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10563 amount of oil royalties they are owed say that is ‘‘a modest investment in problems so nobody will have to sue by the oil companies. Let me repeat protecting the royalty-pricing arrange- anymore. There will be a fair payment. that. The Hutchison amendment will ment which has enabled the industry So one reason we know they are cheat- stop the American taxpayers from re- to pocket an extra $2 billion.’’ ing us is they are settling these cases ceiving the fair share of oil royalties This is a very bad situation. If you all over the country. that they deserve. If it does pass, and I vote for the Hutchison amendment, There is another reason we know. hope it does not, it will sanction that. you are aligning yourselves with a This one is very direct and this one is It will say to the oil companies: It’s planned effort to defraud taxpayers. I new. I urge my colleagues at their peril OK, you continue, big oil companies, do not know how many of my friends to pay attention to this matter, please: underpaying your oil royalties. We want to go home and face their con- A retired Atlantic Richfield employee has know they have a plan to underpay. We stituents and make that argument. admitted in court that while he was Sec- know that. We have heard it from peo- This is what USA Today continues say- retary of ARCO’s crude pricing committee, ing: the major’s posted prices were far below fair ple who have blown the whistle on the market value. oil companies. That’s millions of dollars missing in action He goes on to say—Anderson is his If we go with the Hutchison amend- from the battle to reduce the Federal deficit name: ment, our fingerprints are on this de- and from accounts for land and water con- frauding of the taxpayers. This is very servation, historic preservation, and several He admitted he was not being fully truth- ful 5 years ago when he testified in a deposi- serious business. I ask my colleagues Native American tribes. In addition, public schools in 24 States have been shortchanged: tion that ARCO’s posted prices represented to pay attention, because when this States use their share of Federal royalties fair market value. He said: ‘‘I was an ARCO issue was last before us, we did not for education funding. employee. Some of the issues being discussed were still being litigated. My plan was to get have a whistleblower who worked for They conclude by saying: the oil companies in court, saying that to retirement. We had seen numerous occa- . . . the taxpayers have been getting the sions, the nail that stood up getting beat the oil companies, in essence, de- unfair end of this deal for far too long. frauded the taxpayers and they planned down.’’ Said Anderson, ‘‘The senior execu- tives of ARCO had the judgment that they to do so. We have that information. I We have a chance to stand up for the consumer, for the taxpayers, against would take the money, accrue for the day of will lay it before the Senate. judgment, and that’s what we did.’’ What is an oil royalty payment? cheaters, against people who would knowingly defraud taxpayers, if we do Here is a retired former employee of Right here you see what a royalty pay- one of the oil companies that has been ment is. The oil companies sign an not support the Hutchison amendment, if we oppose it. ripping off the taxpayers admitting it agreement with the Federal Govern- in a court of law—he could go to jail if We heard the Senator from Texas ment that when they drill on Federal he lies—swearing on a Bible, an oil say: Oh, my God, things are terrible for lands in any State of the Union, be it company man, that they sat around oil. We are suffering in the oil indus- onshore or offshore, they must pay a and agreed to understate the value so try. fair percentage, 12.5 percent, of the they could get away with it and wait value of that oil over to the Federal What she does not tell you is some- thing very important: 95 percent of the for the day of judgment. Talk about a Government. It is like paying rent. It smoking gun, here it is. This is new in- is not a tax; it is a royalty payment. oil companies are not affected by the rule the Interior Department wants to formation, and yet Senator HUTCHISON If you do not own the place in which is asking you to stand with those peo- you live, you pay rent. Imagine if you put into place which will fix this prob- lem. The Hutchison amendment stops ple, one of whom admitted they actu- decided on a daily basis what that rent ally had a plan to defraud the tax- ought to be. No, no, no—you would go them in their tracks and prohibits them from fixing this perpetual under- payers. to jail or you would be evicted because This is a very serious issue. It is not payment of royalties. That is what the you have signed a contract to pay a politics. It involves a plan to under- Hutchison amendment does. certain amount of rent. The oil compa- state the market price. It is wrong. nies have signed a contract to pay a She says big oil and oil across the Mr. DURBIN. Will the Senator from certain amount of rent based on the oil board is hurting. Ninety-five percent of California yield for a question? they extract from Federal lands. Here the oil companies are not affected. Mrs. BOXER. I will be happy to yield. it is. It ‘‘shall never be less than the They are decent. They are paying their Mr. DURBIN. I want to ask my col- fair market value of the production.’’ fair share of royalties. It is the 5 per- league, the Senator from California, if Keep that in mind, ‘‘fair market value cent that are doing this slick thing she will clarify several things so those of the production.’’ They have to base that are, instead of paying their roy- following the debate understand the their royalty payment on the fair mar- alty based on a market price, they are parameters of this issue. In every in- ket value of the oil. paying it based on a posted price which stance here are we talking about pri- Senator DOMENICI was on the floor they post. They decide what the price vate oil companies drilling for oil on and he said beware of colleagues who is, and we know they are cheating us. public lands? start talking about Congress’ slick deal How do we know that? That is a tough Mrs. BOXER. That is correct, I say to with the oil companies. He said beware. thing for a Senator to say, but I want my friend. These are private oil compa- I am not saying it; USA Today said to prove it to you. nies that have signed an agreement it. USA Today said it is ‘‘time to clean First of all, we know this for sure: with the Federal Government to pay up Big Oil’s slick deal with Congress.’’ Seven States have already won battles the royalty payment based on the fair They say, in their view, ‘‘industry’s ef- in court against oil companies. The market value when they drill on land fort to avoid paying full fees hurts tax- seven States have said that the oil that is owned by the people of the payers [and] others.’’ companies are underpaying their roy- United States of America. Here is what USA Today says on the alty payments to the Federal Govern- Mr. DURBIN. I further ask the Sen- subject in this article. They knew the ment and the States’ share of those ator from California, it has been my Hutchison amendment was coming and royalty payments, therefore, are lower. experience in Illinois that coal mining this is what they said. The oil companies have settled with companies and oil exploration compa- these States. Imagine being able to compute your own nies will go out and buy private land, rent payments and grocery bills, giving If they were doing the right thing, do at least an easement or right to drill yourself a 3 percent to 10 percent discount you think they would be settling for $5 on private land, and pay compensation off the marketplace. Over time, that would billion so far? I doubt it. If they were to the landowner for that purpose. But add up to really big bucks. And imagine hav- so innocent, do you think they would in this situation, we are dealing with ing the political clout to make sure nothing be shelling out—‘‘shelling’’ is a good land owned by the people of Amer- threatened to change that cozy arrangement. word—$5 billion to seven States? By ica—— They go on to say the fact that ‘‘big the way, the Federal Government is Mrs. BOXER. Correct. oil has contributed more than $35 mil- suing as well. We do not want to have Mr. DURBIN. That these companies lion to national political committees to keep these battles in court. The In- are using to make a profit; is that cor- and congressional candidates.’’ They terior Department wants to fix these rect?

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10564 CONGRESSIONAL RECORD — SENATE September 8, 1999 Mrs. BOXER. That is absolutely cor- unless we can stop this. The Interior RECORD that the Congressional Budget rect. Department is with us 100 percent. Office has estimated it would be $11 Mr. DURBIN. And their payment to Mr. DURBIN. If the Hutchison million. That would be the cost to the the taxpayers for the use of our land, amendment prevails and is not de- taxpayers; that is, if the oil companies the land owned by the taxpayers across feated—— continue to drill. So she may—— America, is this royalty; is it not? Mrs. HUTCHISON. Mr. President, I Mrs. BOXER. Mr. President, may we Mrs. BOXER. That is correct. wonder if the Senator will yield on have regular order. Mr. DURBIN. Can the Senator from that point because I think there has The PRESIDING OFFICER. The Sen- California explain the impact, then, of been an error in the amount that we ator from California. the Hutchison amendment, how this are talking about. Mrs. BOXER. I don’t ever remember will affect the royalty that is paid by Mr. DURBIN. If I can say to my col- having one Senator object to another the oil companies that want to drill for league, the Senator from Texas, I was Senator putting a document in the oil and make a profit from that oil off only asking a question of the Senator RECORD. I am kind of shocked at that. land owned by taxpayers? from California who I believe has the I ask, again, unanimous consent to Mrs. BOXER. What the Hutchison floor. have printed in the RECORD the two amendment does is it puts off for the Mrs. BOXER. And I will address Federal agencies versus the one that fourth time any move by the Interior this—— back us up on our documentation. I ask Department to fix the problem we are The PRESIDING OFFICER. The Sen- unanimous consent that I be allowed to facing with this underpayment of the ator from California has the floor. have those printed in the RECORD at royalties that are due the taxpayers. Mrs. BOXER. I have a letter that the conclusion of my remarks. The Interior Department has held a backs up those numbers which I will The PRESIDING OFFICER. Is there series of 17 meetings across the coun- put in the RECORD. I will continue to objection? try. They have met with the oil compa- yield for a question. Mrs. HUTCHISON. I will not object, nies, they have met with Members of Mr. DURBIN. The point I am getting as long as the RECORD also shows the Congress, they have done everything, to is, if the Hutchison amendment is CBO has said $11 million and that as- and they are ready to finalize a rule. adopted, then basically we are giving a sumes people are not going to go out of Every time they are ready to promul- discount to these oil companies from business. gate a rule to fix this problem, up the amount they owe taxpayers for Mrs. BOXER. Mr. President, I have comes one of the Senators from the oil drilling oil out of public lands and sell- no objection to the Senator entering States who says: Oh, wait, wait, wait, ing it at a profit; is that the net impact into the RECORD anything she wants, it is too complicated; it isn’t a good of this amendment? but I can say very clearly that we idea. Mrs. BOXER. That is correct. know what this is costing. It isn’t a good idea from the oil com- Mr. DURBIN. I know we are in an era panies’ perspective because as we just of surpluses where we are trying to fig- The Senator herself admits it is $11 heard this one whistleblower say, they ure out ways to give away money, but million taken out of taxpayer pockets. want to put off the day of judgment I ask the Senator from California why We believe it is $66 million. and use this float to make more and would we decide to give money to oil I continue to yield to my friend. more money. But my friend is right in companies at this point? Why adopt an Mr. DURBIN. Mr. President, it is my his questions. amendment that would give them addi- understanding that these payments, Mr. DURBIN. I say to the Senator tional profits for drilling oil on lands these royalties come through the Fed- from California, let’s consider two pos- owned by the taxpayers, the people of eral Government and back to many of sibilities. If the royalty is based on the America? the States. Is my understanding cor- price of oil, there is a possibility that Mrs. BOXER. Mr. President, I think rect? the royalty payments might go down if this is a special interest rider. I have to Mrs. BOXER. Absolutely. In other it is recalculated; there is a possibility say that, with all due respect. By the words, if there is oil being drilled in that it might stay the same, or it way, it doesn’t give money to all the Texas, it is on Federal lands, but the might go up. oil companies. It only gives it to the Federal lands are within Texas. Texas But I take it from this amendment top 5 percent, the ones that are gets 50 percent of the royalty payment. that the oil companies that are push- vertically integrated. Ninety-five per- I know in California, it is 50 percent if ing this amendment are so certain that cent of the oil companies are not af- it is onshore and about 25 percent if it their payments to the Federal Govern- fected, and they are paying the fair is offshore. In many of the States, in- ment are going to go up that they want market value. They are paying the roy- cluding California, these funds go di- to stop the Federal Government from alty based on the fair market value. rectly into the classroom and to the recalculating the royalties. I ask unanimous consent, before schools. The net impact of this, and the Sen- yielding to the Senator for more ques- Mr. DURBIN. So in some of the ator from California can correct me, is tions, to have printed in the RECORD a States, for example, Texas and Cali- that the oil companies are being pro- letter from the Secretary of the Inte- fornia, if the Hutchison amendment tected from paying their fair share of rior, which was based on the original passes, there will be fewer dollars from rent or royalties for using public lands, Hutchison amendment, which address- these royalty payments coming back and the taxpayers, because of this es the question of the dollars lost. It is to the States of the two Senators en- amendment, are the losers. We are the very clear what will be lost. In her ad- gaged in this debate. ones who do not get the royalties back ditional amendment of 21 months, they Mrs. BOXER. That is correct, and from those who want to drill all the oil calculate it at $120 million, and we are into the classrooms. out of land that we own and not pay just paring it back to the 1-year num- Mr. DURBIN. I ask the Senator, it is the taxpayers of this country for the ber. We also have a letter from the Of- my understanding from her previous right to do so. fice of Management and Budget which statement that many of the States Mrs. BOXER. I say to my friend, I clearly states that the rider, as it is be- have sued the oil companies saying: can put it in specific dollars. Already fore us now, will cost taxpayers about You didn’t pay enough. You owed us the Hutchison amendment, since she $60 million. more in royalties. You underpaid the first offered it and our colleagues I ask unanimous consent to have amount you were required to pay for backed her on it, has lost taxpayers $88 those two documents printed in the drilling for oil on federally owned pub- million, and if she succeeds in this, al- RECORD when I complete my remarks. lic lands for profit. though Senator HUTCHISON has pared it The PRESIDING OFFICER. Is there Mrs. BOXER. My friend is correct. To back to a year, another delay of a year, objection? be very specific, I will tell the Senator, it is another $66 million. That is a lot Mrs. HUTCHISON. Mr. President, I the oil companies that are being so de- of millions of dollars. Taxpayers al- object. I do want the Senator to be able fended here have agreed in court to pay ready have lost $88 million, and they to enter her documents in the RECORD, up not $1 billion, not $2 billion, but $5 are about to lose another $66 million but I want to also have entered in the billion to these States; in essence,

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10565 agreeing that they undervalued. Alas- industry newsletter. In fact, my col- in a court of law, and we know it be- ka got $3.7 billion, for example; Cali- league is right, they talk about a court cause they have been settling these fornia, $345 million. By the way, pri- case in which a retired Atlantic Rich- cases all over the country. My friend vate owners are also complaining, and field employee admitted in court—— should feel very comfortable when he they have resolved some of the disputes Mr. DURBIN. Under oath. opposes the Hutchison amendment case for $194 million. Mrs. BOXER. Under oath, penalty of that he is impacting only 5 percent. Mr. DURBIN. I ask the Senator from perjury, that while he was secretary of (Mr. SMITH of Oregon assumed the California, as a followup question, so I ARCO’s crude pricing committee, the Chair.) understand it completely, these private major’s posted prices were far below Mr. DURBIN. Will the Senator yield oil companies go on to public lands, the market value. for a question? drill for oil which they sell for a profit. Mr. DURBIN. So this gentleman, no Mrs. BOXER. Yes. They are charged a royalty based on longer employed, conceded the point Mr. DURBIN. Is the Senator aware of the price of the oil. The impact of this which you have been making during the fact that the Los Angeles Times, amendment by the Senator from Texas the course of this debate, that these oil on July 20 of this year, in analyzing would be to say to the Department of companies are really cheating the Fed- this debate, concluded by saying, ‘‘not the Interior: You cannot recalculate eral Government, the taxpayers of this since the Teapot Dome scandal of the the royalty to raise it. So we are pro- country, because they are using our 1920s has the stench of oil money tecting these oil companies from an in- public lands and not paying a fair roy- reeked as strongly in Washington as it crease in what they are going to pay alty payment for the oil they are ex- is in this case’’? taxpayers for drilling on public land, tracting and selling at a profit. I ask the Senator from California, which means more money in their Mrs. BOXER. That is absolutely isn’t it odd that on an appropriations pocket. The losers are not only Federal right. They are basing their royalty bill we are considering a string of rid- taxpayers but States such as Texas and payment on a price that is not reflec- ers that are of such import and con- California and their taxpayers who lose tive of the fair market value. It is a troversy, putting them on a spending the benefits of the money that might price they made up. It is as if one day bill instead of having a hearing so the come back to them from these royal- you woke up and let’s say you paid oil companies could come in and try to ties? rent, which my friend probably does defend, if they would like to, so the De- Mrs. BOXER. My colleague is right. here in Washington, DC, and you just partment of the Interior can come in But it is even worse than that because decided one day that the fair market and basically explain why they think a royalty payment is a contract. The value of the rent was lower than your taxpayers across America are ripped off oil companies have signed a contract. lease. by this amendment? It seems to me to It says very clearly ‘‘fair market Mr. DURBIN. My landlord wouldn’t be an odd state of affairs that we have value.’’ It is not that the Interior De- allow that. seven, eight, or nine different riders on partment wants to increase the per- Mrs. BOXER. He would not allow this bill which really go to important, cent, for example, that is paid; they that. He would probably evict you. Yet substantive issues that have not been just want to make sure the contract is what do we have here in this Senate. addressed by this Congress during the carried out. We have Senators standing up course of this year. Does the Senator It says: The value of production for condoning this kind of behavior. agree with me that this is an excep- purposes of computing royalty on pro- Mr. DURBIN. I ask the Senator from tional procedural issue to be taking up duction from this lease ‘‘shall never be California, in my home State of Illi- on a spending bill? less than the fair market value of the nois, there are many small oil pro- Mrs. BOXER. Well, I think it is not production.’’ So all they are trying to ducers that are going through very dif- appropriate. I hope the Senator from do is correct a serious problem. And we ficult times. Some of them may not Texas will not proceed with this. She know, because I can show my colleague survive. There has been an argument knows if she does—and we are very another chart on posted prices versus made that we have to give this break, open about this—we are going to be on the market prices of ARCO, I will show in the Hutchison amendment, to these our feet a long time. So we are going to him what has happened. Right now the oil companies to help these small pro- have a cloture vote to see where this oil companies, these 5 percent of them ducers and help the oil industry. all comes out. I want to say this to my that are cheating us, they base their If I vote against the Hutchison friend and then I will yield to my royalty payment on what they call amendment and go home to Illinois and friend from Idaho. posted prices. They create the price. If face these small oil companies that are Mr. CRAIG. I just have a question on we could show this to the Senator, look trying to survive in difficult times, procedure, not on the substance, if the at the difference between the market will they be saying to me: You have Senator would not mind yielding. price and the posted price. This is one just cut off the flow of money to us? Mrs. BOXER. I do mind yielding at oil company, but I could show my What companies are affected by this this point. I don’t want to lose my friend, every single one of these oil Hutchison amendment? train of thought. companies, by some kind of magic ac- Mrs. BOXER. First, let me say there My friend is so right in his under- tion, they have the same spread. And if are 777 companies that are not im- standing of what this means. This is an you heard what the ARCO executive pacted at all by this Interior rule, but example of legislating on an appropria- said, the former executive, they did there are 44 companies that are im- tions bill. This Hutchison amendment this on purpose. They made the posted pacted. Let me say to my colleague, I was put into the committee and prices below the market price. voted to help the small oil companies. stripped out because of the way it was Mr. DURBIN. I only have three ques- I was proud to support the Domenici put into the committee. It was stripped tions, and I will stop. amendment. We took it up recently out. It has been defined and technically Mrs. BOXER. I appreciate my col- when we helped the steel companies. If changed, and now it is being offered. league asking as many questions as he we want to help the oil companies be- But it is still the same thing. You wants. cause they are having tough times, I know, you can put a dress on a hippo- Mr. DURBIN. The Senator made ref- will be right there. If there are reasons potamus and it still looks like a hippo- erence to a Wall Street Journal article to help smaller companies, I am right potamus. That is what this is. This is a where a former official from ARCO there. And I have always been right very ugly amendment. said—was this under oath or was it just there. I want to mention one thing in an- a public statement in terms of their ef- But it seems to me we can’t stand on swering the question. I was very forts to try to reduce the royalty pay- the floor of the Senate and help the pleased that my friend read the Los ments to the Federal Government for largest oil companies—most of these Angeles Times editorial. It is a news- this private company to drill oil on are the largest; not all, but most—5 paper that now has Republican owner- public land and make a profit? percent of the oil companies that are ship. I think that is very important. I Mrs. BOXER. The article that I out-and-out cheating the taxpayers. We want to read a couple of other state- quoted is Platt’s Oilgram News—an oil know it because it has been testified to ments from it. I see my friend from

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10566 CONGRESSIONAL RECORD — SENATE September 8, 1999 Wisconsin is here. Is he going to ask Mrs. BOXER. I told my friend the ment in royalties for drilling on public me a question as well? time. I don’t intend to go over 40 min- lands. It is my understanding this rider Mr. FEINGOLD. Yes. utes. was modified by the managers’ amend- Mrs. BOXER. This Los Angeles Times Mr. DURBIN. Will the Senator yield ment. But, as originally drafted, the article says, ‘‘The Great American Oil for a question? rider blocks the implementation of new Ripoff.’’ Mrs. BOXER. I will be glad to yield Interior rules to stop these underpay- It says: for a question. ments, just as their implementation America’s big oil companies have been rip- Mr. DURBIN. Not only do I not think was blocked in the last Congress; is ping off Federal and State governments for this is baseless, I want to touch all the that correct? decades by underpaying royalties for oil bases so the Senator from Idaho can drilled on public lands. The Interior Depart- Mrs. BOXER. Yes. This is the fourth ment tried to stop the practice with new understand why we think this is wor- time that this Interior Department rules, but Congress has succeeded in block- thy of debate on the floor of the Sen- ‘‘fix’’ to ensure fair royalty payments ing their implementation, and will again if ate. has been stopped in its tracks, unless the Senate bill calling for a moratorium on I ask the Senator from California we defeat the Hutchison amendment. the new rules proposed by Senators this: We had a big debate about welfare Mr. FEINGOLD. I know the Senator Hutchison and Domenici comes up before the reform and welfare ‘‘Cadillacs.’’ We are from California is obviously concerned Senate. talking about welfare ‘‘tankers’’ here— about big windfalls for the oil compa- It has and here we are. $11 million—or $66 million going to nies. The Interior Department esti- The large integrated oil companies, not the these major oil companies. I say to the mates that underpayments by the oil small independent producers, have been Senator from California, how many companies cost the taxpayers up to $66 cheating the State and Federal Treasuries by times have we done this? How many computing their royalties on the so-called million a year. I am wondering if she is ‘‘posted rights’’ rather than the fair market times have we postponed this decision aware of some of the largest oil compa- price. by the Department of the Interior to nies that benefit from it. That is what we are talking about, give to the taxpayers of this country Mrs. BOXER. I would be very pleased computing royalties on posted rights, the fair share they are entitled to for if the Senator could put that into the rather than fair market price. these oil companies to use our lands— RECORD because I haven’t done that. It could be as much as $4 or $5 a barrel the lands of people who live in Illinois, Mr. FEINGOLD. They are not small lower. The Interior Department estimates California, Idaho, and Texas—to drill mom-and-pop, independent producers. this practice costs the taxpayers up to $66 oil. How many times has the industry They are companies like Exxon, Chev- million a year. come in and, with an amendment simi- ron, BP Oil, Atlantic Richfield, and Senator HUTCHISON says it is $11 mil- lar to the one before us, tried to stop Amoco. I ask the Senator if she is lion, and that is a lot; but we think it this recalculation? aware of some of the campaign con- is $66 million, and so does the OMB. Mrs. BOXER. This is the fourth time tributions that entities such as this Two years ago, Interior drew up rules that this amendment has come before the put forward in order to achieve this would stop the underpayment but Congress body. I have to say to my friend, I end. has blocked implementation. don’t think it has ever gotten the at- Mrs. BOXER. I am very glad the Sen- They go on to explain: tention it needs. To come in and say it ator put out some of the names of the The bottom line is, Congress should not is a baseless debate, when we are talk- big oil companies that would be im- buckle to the pressure of the oil companies, ing about as much as $66 million on top pacted by this Interior rule that Sen- and the Hutchison amendment should be de- of the $88 million we have already lost ator HUTCHISON is trying to get. Fully feated. from the three other times this amend- 95 percent of the oil companies are not Mr. CRAIG. If the Senator will yield ment came before us, is unbelievable to impacted. Only 5 percent are impacted. briefly, I will leave the Senators to de- me. It is unbelievable that we close our The 95 percent of the others are paying bate this. We have the Robb amend- eyes to this kind of purposeful rip off, their fair share of royalty payments. ment on the floor. Several of us came and to call it a baseless debate, I find That is something to be happy about. to debate that, expecting it would be that amazing. They are good corporate citizens pay- stacked for a vote in the morning. Ob- Mr. DURBIN. If the Senator from ing their fair share of royalty pay- viously, you are going to continue this California will further yield, is not the ments based on fair market value just debate into tomorrow. I wonder what fact that these States have come for- as they signed in their lease agree- your plan is for the evening because it ward in court and sued the oil compa- ments with the United States of Amer- is predicated upon a unanimous con- nies successfully evidence of the fact ica. But it is the 5 percent of most of sent agreement that we want to craft. that the oil companies have been the large ones that are getting away If you plan to debate late into the underpaying the Federal taxpayers, as with it. evening, we will not stay. well as the State taxpayers, and this I say to my friend that he is a cham- Mrs. BOXER. No, we don’t. amendment will continue that? pion of campaign finance reform. I am Mr. CRAIG. There are four Senators, Mrs. BOXER. That is absolutely cor- so proud to be associated with him on including the Presiding Officer, who rect. Let me reiterate what I said. In that issue. came to the floor because the Senator cases all across this country, there I can only say to my friend that this from Virginia was on the floor with his have been settlements in seven dif- issue was mentioned in the USA Today amendment. We hoped to debate that ferent States, and $5 billion has been editorial, dated Wednesday, August 26, within the next 35 to 40 minutes if the collected from the oil companies in 1998, that big oil has contributed more Senator will consider yielding the these settlements. Now, if the oil com- than $35 million to national political floor. Mrs. BOXER. I don’t have any inten- panies had such clean hands and they committees and congressional can- tion of talking more than 40 minutes. I were paying their fair amount of royal- didates. They make the point. These will be yielding for a question. I ties, I assure my friend they would not are their words, not my words. They thought the Senator came because he part with $5 billion—I didn’t say mil- say that is a modest investment for was drawn into this debate. lion, I said $5 billion. I don’t even know protecting royalty pricing arrange- Mr. CRAIG. No. I just say I think it what $5 billion looks like in a room. ments which enables the industry to is a rather baseless debate, with a lot All I can say to my friend is, it is more pocket an extra $2 billion. of politics. than we spend on Head Start in a year. My friend is on a certain track. I Mrs. BOXER. I was trying to—— Mr. FEINGOLD. Will the Senator think it is important. Mr. CRAIG. I will stay out of the sub- from California yield for a question? Mr. FEINGOLD. I am grateful for the stance. Mrs. BOXER. Yes. Senator’s tremendous leadership on Mrs. BOXER. I was trying to use a Mr. FEINGOLD. I ask the Senator this. little bit of humor. from California this because I share her She may be aware that from time to Mr. CRAIG. I am more interested in strong opposition to this amendment, time I do something that I call ‘‘calling the timing for this evening, on behalf which would allow oil companies to of the bankroll’’—interest in compa- of five Senators. continue to underpay the U.S. Govern- nies that contribute large sums of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10567 money in terms of campaign contribu- These are all public interest groups. we failed to strip the rider on the min- tions. Mr. FEINGOLD. I finally ask the ing millsite issue. This is the second I am wondering if the Senator is Senator to make the comparison be- rider of this type we have considered. aware that during the 1997–1998 elec- tween the list that she just read. By In Section 3006 of Public Law 106–31, tion cycle oil companies gave the fol- and large these are very important the 1999 Emergency Supplemental Ap- lowing in political donations to the groups that represent the average peo- propriations Act, Congress exempted parties and to Federal candidates: ple of this country. There is no way the Crown Jewel project in Washington Exxon gave more than $230,000 in soft four of them could get together and State from the Solicitor’s Opinion. money and more than $480,000 in PAC give $2.9 million as these four corpora- This rider, in contrast to the previous money. tions I just described did. Obviously rider, applies to all mines on public Chevron gave more than $425,000 in these four corporations want this rider lands. soft money and more than $330,000 in to be a part of the Interior appropria- I am also concerned that we have PAC money. tions bill. It is the powerful political chosen to again include a grazing pol- I wonder if the Senator is aware that donors. They may well get their way icy rider as well. It requires the Bureau Atlantic-Richfield gave more than despite the credibility of groups and in- of Land Management to renew expiring $525,000 in soft money and $150,000 in terests that the Senator just indicated. grazing permits under the same terms PAC money. I, again, very much thank the Sen- and conditions contained in the old BP Oil and Amoco, two oil companies ator from California for her leadership permit. This automatic renewal will re- which merged into the newly formed on this. main in effect until such time as the petroleum giant, BP Amoco, gave a I rise today to share my concern Bureau complies with ‘‘all applicable combined total of $480,000 in soft about the number and content of legis- laws.’’ There is no schedule imposed on money, and nearly $295,000 in PAC lative riders to address environmental the Agency, therefore necessary envi- money. matters contained in the FY 2000 Inte- ronmental improvements to the graz- This is just some of the information rior Appropriations Bill. I hope that all ing program could be postponed indefi- we have. I don’t know if the Senator provisions which adversely effect the nitely. This rider affects millions of was aware of these figures. implementation of environmental law, acres of public rangelands that support Mrs. BOXER. I say to my friend that or change federal environmental pol- endangered species, wildlife, recre- I was not aware of those specific fig- icy, will be removed from this legisla- ation, and cultural resources. The rid- ures. It is very rare that I feel that if tion when it returns to the floor. er’s impact goes far beyond the lan- Congress goes along with something it I believe that the Senate should not guage contained in the FY 1999 appro- is really part of an ugly situation. I include provisions in spending bills priations bill, in which Congress al- feel that way here. I feel that we have that weaken environmental laws or lowed a short-term extension of graz- enough information now to take a prevent potentially environmentally ing permits which expired during the stand with the Interior Department, beneficial regulations from being pro- current fiscal year. As written, this with the consumers, and with over 70 mulgated by the federal agencies that section undercuts the application of groups that stand with us against the enforce federal environmental law. environmental law, derails administra- Hutchison amendment. I want to note, before I describe my tive appeals, and hampers application I hope my friend will listen to some concerns in detail, that this is not the of the conservation-oriented grazing of these groups because my colleague, first time that I have expressed con- Guidelines. my friend from Texas, listed groups cerns regarding legislative riders in ap- I also want to voice my opposition to that were with her. I think it is impor- propriations legislation that would the amendment that would allow oil tant that we compare these groups, have a negative impact on our nation’s companies to continue to underpay the who they stand for, and who they speak environment. U.S. government in royalties for drill- for. They are with us on our side trying For more than two decades, we have ing on public lands. I understand that to stop this oil company rip off, stop seen a remarkable bipartisan consensus this rider was modified by the man- the Hutchison amendment: American to protect the environment through ef- ager’s amendment, but as originally Association of Educational Services fective environmental legislation and drafted the rider blocks the implemen- Agencies, American Association of regulation. I believe we have a respon- tation of new Interior Department School Administrators, the American sibility to the American people to pro- rules to stop these underpayments, just Lands Alliance, the Americans Ocean tect the quality of our public lands and as their implementation was blocked Campaign, the Better Government As- resources. That responsibility requires in the last Congress. sociation, Common Cause, Consumer the Senate to express its strong dis- This is a huge windfall for the oil Project on Technology, Council of taste for legislative efforts to include companies—and as it is with so many State School Officers, Friends of Earth, proposals in spending bills that weaken special interest provisions that find Funds for Constitutional Government, environmental laws or prevent poten- their way into our legislation, to the Government Accountability Project, tially beneficial environmental regula- wealthy donors go the spoils, while the Green Peace, the Mineral Policy tions from being promulgated or en- taxpayers get the shaft. The Interior Standard, National Environmental forced by the federal agencies that Department estimates that these un- Trust, National Parks and Conserva- carry out federal law. derpayments by the oil companies cost tion Association, the National Rural The people of Wisconsin have caught the taxpayers up to $66 million a year. Education Association, the National on to what’s happening here. They con- And the oil companies that enjoy this Resources Defense Fund, the Navajo tinue to express their grave concern cut-rate drilling are not small inde- Nation, Ozone Action, Public Citizens, that, when riders are placed in spend- pendent producers. On the contrary, Congress Watch, Public Employees for ing bills, major decisions regarding en- the oil companies that benefit are Environmental Responsibility, Safe vironmental protection are being made among the largest in the world. Names Energy Communication Council, the without the benefit of an up or down like Exxon, Chevron, BP Amoco and Surface Employees International vote. Atlantic Richfield. Union, and the Taxpayers for Common Wisconsinites have a very strong be- I’d like to take a moment to Call the Sense. lief that Congress has a responsibility Bankroll on these companies, some- They are with us on this. to discuss and publicly debate matters thing I do from time to time in this The United Electrical-Radio Machine effecting the environment. We should chamber to remind my colleagues and Workers of America. be on record with regard to our posi- the public about the role money plays These are just some of the groups tion on this matter of open government in our legislative debates and decisions that are opposed to the Hutchison and environmental stewardship. here in this chamber. amendment, for one basic reason: They I have particular concerns regarding During the 1997–1998 election cycle, believe the big oil companies, the 5 per- several riders contained in this bill. I oil companies gave the following in po- cent of them, are cheating the tax- will site three examples of provisions litical donations to the parties and to payers. of concern to me. I am concerned that federal candidates:

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10568 CONGRESSIONAL RECORD — SENATE September 8, 1999 Exxon gave more than $230,000 in soft States with the oil companies, the oil mittee develops its version of the bill, your money and more than $480,000 in PAC companies saying to the States: Take consideration of the Administration’s views money; your lawsuit out of here. We will pay would be appreciated. These views are nec- Chevron gave more than $425,000 in you billions of dollars to go away. We essarily preliminary because they are based on incomplete information, since the Admin- soft money and more than $330,000 in will not go to court to try to make the istration has not had the opportunity to re- PAC money; case that oil royalty payments are fair. view the draft bill and report language. Atlantic Richfield gave more than You put all of that together, and it The allocation of discretionary resources $525,000 in soft money and $150,000 in adds up to a bad situation. available to the Senate under the Congres- PAC money; I would be so proud of this Senate if sional Budget Resolution is simply inad- BP Oil and Amoco, two oil companies we stood together on behalf of the peo- equate to make the necessary investments which have merged into the newly ple and on behalf of the consumers that our citizens need and expect. The Presi- formed petroleum giant BP Amoco, against the bad actors in the oil indus- dent’s FY 2000 Budget proposes levels of dis- gave a combined total of more than try, who according to this employee, cretionary spending that meet such needs $480,000 in soft money and nearly while conforming to the Bipartisan Budget said we will put off judgment day. We Agreement by making savings proposals in 295,000 in PAC money. will go take our chances. mandatory and other programs available to That’s more than $2.9 million just The senior executives of ARCO had the help finance this spending. Congress has ap- from those four corporations in the judgment that they would take the money, proved, and the President has signed into span of only two years, Mr. President. accrue for the day judgment, and that’s what law, nearly $29 billion of such offsets in ap- They want this rider to be part of the we did. propriations legislation since 1995. The Ad- Interior Appropriations bill, and as That is what he said. ministration urges the Congress to consider powerful political donors they are like- He said this: such proposals as the FY 2000 appropriations process moves forward. In addition, we urge ly to get their way. I would not have been there in any capac- I’d like to discuss one final rider, the Committee to reduce unrequested fund- ity had I continued to exercise the right they ing for programs and projects in this bill. which undoubtedly deserves its own had given me to dissent to the process during The Administration appreciates efforts by Calling of the Bankroll. Though I un- the suggestions stage. the Committee to accommodate certain of derstand that this rider has now been I know colleagues are here on other the President’s priorities within the 302(b) modified by the substitute amendment, matters. I just felt it was very impor- allocations. However, it is our understanding the underlying bill initially prohibited tant to lay out the case against the that the Committee bill makes major reduc- the use of funds to study, develop, or Hutchison amendment. I will lay it out tions to critical requests for the President’s implement procedures or policies to es- again and again and again if I have to. Lands Legacy Initiative and for key tribal tablish energy efficiency, energy use, programs. We also understand that the bill I hope I don’t have to. I really could. I may include a number of environmental pro- or energy acquisition rules. Un- hope we can vote against cloture and visions that would be objectionable to the changed, this language would have hopefully rid this bill of this special in- Administration—and would likely not be ap- blocked federal programs which cut terest rider that helps the 5 percent of proved by Congress, if considered on their federal agencies’ energy expenditures, the oil companies that are bad actors. own. We strongly urge the Committee to save taxpayer funds, and contribute to The 95 percent who are paying their keep the bill free of extraneous provisions reductions in pollution. fair share are doing fine; they will not and to address the following issues: In conclusion, I think that delay of be impacted by the Interior Depart- Lands Legacy Initiative/Land and Water mining law enforcement is indefen- ment. It is just that 5 percent. Conservation Fund (LWCF). The Administra- sible, as are the other changes we are tion strongly opposes the Subcommittee’s This is an important debate. It is not decision not to fund major portions of the making in environmental policy with- a baseless debate. It is debate on behalf President’s Lands Legacy Initiative. Overall, out full and fair debate. I hope my col- of the hard-working taxpayers. It is a only $265 million (33 percent) of the $797 mil- leagues will join me in demanding that debate on behalf of everyone who pays lion requested in this bill for the Initiative this bill be cleaned up in Conference. rent or a mortgage payment every would be funded. The bill would provide no Mrs. BOXER. I thank my friend and month. Imagine one day waking up and funding for State conservation grants and commend my friend from Illinois. I saying to the bank: Guess what. I don’t planning assistance, and only a portion (11 think their questions and their caring like my mortgage payment. I’m paying percent) of the requested increase for the Co- operative Endangered Species Conservation are very important to this debate. We less because it is no longer the fair have to take a stand on the floor of the Fund. It would also make significant cuts in market value as the day I signed up. State and Private Forestry grants. Federal Senate once in a while for average peo- I think the bank would say: Renego- land acquisition funding would be cut by ple—people who are faceless in this in- tiating the interest rate is fine; but if more than half from the Lands Legacy re- stitution. They think it is dominated you don’t pay your fair share, we are quest, from $413 million to $198 million. It by the special interests. My friend from taking you to court and we will repos- would be short-sighted to gut this important Wisconsin who works so hard every day sess your house. environmental initiative, given the growing to get the special interest money out of We cannot allow the top 5 percent of bipartisan recognition of the need for the federal government, the states and the pri- this Senate has made a very important oil companies to act in an irresponsible point—that the very companies that vate sector to protect open spaces and pre- fashion. I hope my colleagues will join serve America’s great places. are going to benefit from the with me, Senator DURBIN, Senator Land Management Operations. The Admin- Hutchison amendment have given huge FEINGOLD, Senator WELLSTONE, Sen- istration commends the action of the Sub- contributions to Federal candidates ator MURRAY, and many other Senators committee to address the operational and and to Federal committees. who feel very strongly about this and maintenance needs of land management If you put that together, as my friend vote down the Hutchison amendment. agencies in Interior and USDA. The Adminis- points out, with the retired ARCO em- I ask unanimous consent the perti- tration is concerned, however, with cuts in key conservation programs. For example, ployee testimony under oath that he nent letters be printed in the RECORD. lied 5 years ago—he admitted he was the bill would reduce requests for the Fish There being no objection, the letter and Wildlife Service’s endangered species not truthful when he testified in the was ordered to be printed in the program by $13 million (12 percent) and the deposition that ARCO-posted prices RECORD, as follows: Forest Service forest research program by represented fair market value. He goes EXECUTIVE OFFICE OF THE PRESI- $48 million (25 percent). Increased funding on to honestly say he was afraid he DENT, OFFICE OF MANAGEMENT for key programs within the Forest Service would lose his retirement. He was AND BUDGET, operating program, such as wildlife and fish- afraid he would be fired. You put to- Washington, DC, June 24, 1999. eries habitat and rangeland management, gether the contributions from big oil Hon. TED STEVENS, could be offset with reductions in with the testimony of this former Chairman, Committee on Appropriations, U.S. unrequested and excessive funding for timber sale preparation and management. ARCO employee, who sat in the room Senate, Washington, DC. DEAR MR. CHAIRMAN: The purpose of this Environmental and Other Objectionable when the decision was made to stop letter is to provide the Administration’s Riders. The Administration strongly objects taxpayers from getting their fair views on the Interior and Related Agencies to objectionable environmental and other share—when you put that together Appropriation Bill, FY 2000, as reported by riders. Such riders rarely receive the level of with the recent settlements by many the Senate Subcommittee. As the Com- congressional and public review required of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10569 authorization language, and they often over- air quality and lower greenhouse gas emis- the Bond amendment. I believe the ride existing environmental and natural re- sions, and expanding markets for renewable Senator from Illinois wishes to speak. source protections, tribal sovereignty, or im- energy technologies. The Senator from Missouri (Mr. BOND) pose unjustified micro-management restric- Although I appreciate your efforts in re- may return for that subject. Senator tions on agency activities. We urge the Com- working the discretionary spending alloca- mittee to oppose such provisions. For exam- tions in order to increase the spending limits HUTCHISON wishes to speak again on ple, the Administration would strongly op- for the Interior bill in the face of the limita- her amendment. There may be other pose an amendment that may be offered that tions placed on you under the Budget Reso- speeches on that. There are three or would prohibit implementation of the oil lution, the funding amount proposed by the four people here to speak on the Robb valuation rule. Such a prohibition would Senate denies funding to protect America’s amendment. I want all of the speeches cost the American taxpayer about $60 mil- open spaces and great places for the future on each of these subjects to be consoli- lion in FY2000. through the President’s Lands Legacy initia- dated into one point in the RECORD. Millennium Initiative to Save America’s tive, as well as critical requests for land This unanimous consent agreement Treasures. The Administration strongly ob- management, trust reform, other Indian pro- is not going to limit anyone’s right to jects to the lack of funding for this $30 mil- grams, and science. lion Presidential initiative to commemorate Overall, the reductions to the budget re- talk on any of these subjects this the Millennium by preserving the Nation’s quest seriously impair the Department’s evening as long as they wish. historic sites and cultural artifacts that are ability to be a responsible steward of the Na- Mrs. BOXER. If the Senator will America’s treasures. tion’s natural and cultural resources and to yield for a question, what is my National Endowment for the Arts/National uphold our trust responsibilities to Indians. friend’s plan of action on the Endowment for the Humanities. The Admin- The 2000 budget sets a course for the new Hutchison amendment? istration strongly objects to the proposed millennium providing resources that are Mr. GORTON. I believe a cloture mo- funding levels for the National Endowment needed to accommodate increasing demand tion on the Hutchison amendment will for the Arts and National Endowment for the and use of our public lands and resources. In be filed tomorrow to ripen sometime Humanities. The Subcommittee’s proposed this decade, visits to parks, refuges and pub- early next week. There will be lots of $51 million (34 percent) reduction from the lic lands have increased up to 31 percent; the request would preclude NEA from moving number of students in BIA schools has in- time for a discussion of that amend- forward with its Challenge America initia- creased 33 percent; and the BIA service popu- ment before any vote on cloture takes tive which emphasizes arts education and ac- lation is up by 26 percent. place. cess to under-served communities across In this regard, the Committee proposal I hope during most of tomorrow, America. The $38 million (25 percent) reduc- does not provide sufficient increases to fully however, we will deal with other tion from the request would preclude NEH operate our National Parks, restore healthy amendments that can be completed and from expanding its summer seminar series to public lands, rebuild wildlife and fisheries re- dispensed with. By the time we get to provide professional development opportuni- sources, clean up streams in support of the a vote on the cloture, we are pretty ties to our nation’s teachers as well as Clean Water Action Plan through Abandoned close to the end of debate on this bill. Mine Land grants, or improve the safety of broadening the outreach of its humanities I don’t know if that is true or not. We programs. The Administration urges the schools and communities for Indians. At the Committee to approve funding for the En- funding level provided, we will be unable to will have dealt today in whole or in dowments at the requested levels. meet the needs expressed by Congress for part with 4 of the 66 amendments that are reserved for the Interior appropria- * * * * * better stewardship of public lands and facili- ties, resolution of the Indian trust issue, and tions bill. I trust some will go faster improved schools and quality of life in In- than many of those today. THE SECRETARY OF THE INTERIOR, dian Country. Further, the Committee elimi- I will state the unanimous consent Washington, DC, June 30, 1999. nated funding for the Save America’s Treas- agreement. Then I intend to speak Hon. TED STEVENS, ures program that preserves priority historic briefly on the Robb amendment. I be- Chairman, Committee on Appropriations, U.S. preservation projects of national scope and Senate, Washington, DC. significance. lieve the Presiding Officer and Senator DEAR MR. CHAIRMAN: I write to express my I urge you to reconsider the contents of the CRAIG will also speak on that. grave concern over the Interior and Related Interior bill and work with the Administra- UNANIMOUS CONSENT AGREEMENT Agencies Appropriations Bill for FY 2000 re- tion and me towards a more balanced ap- Mr. GORTON. I ask unanimous con- ported by the Committee on Appropriations proach. I look forward to working with you sent that immediately following the Bill for FY 2000 reported by the Committee to address these concerns. vote scheduled at 9:30 a.m. on Thurs- on Appropriations. If the bill were presented Sincerely, day, notwithstanding rule XXII, the to the President as it was reported from the BRUCE BABBIT. Committee, I would recommend that the Senate resume consideration of the In- President veto the bill. The PRESIDING OFFICER. The Sen- terior appropriations bill and there be 2 The bill contains a number of objection- ator from Washington. minutes equally divided prior to a vote able legislative provisions, three of which I’d Mr. GORTON. Mr. President, I be- in relation to the Bond amendment No. like to highlight. The amendment on mill lieve the matter before the Senate now 1621; following that vote, there will be sites adopted by the Committee permanently is the amendment of Senator ROBB, and 2 minutes equally divided on the pend- extends the Mining Law’s existing near-give- I ask consent of the Senator from Cali- ing Robb amendment No. 1583. I ask away of Federal lands to include as much fornia that her presentation, including unanimous consent no amendments be acreage as a mining company thinks it can all of her questions and answers, be in- use for mountains of mine waste and spoil. in order prior to these votes. The amendment further tilts the Mining Law cluded in the CONGRESSIONAL RECORD The PRESIDING OFFICER. Without against the interests of the taxpayer and the immediately after the speeches of Sen- objection, it is so ordered. environment, ignoring the need for com- ators HUTCHISON and DOMENICI so that Mr. GORTON. In light of this agree- prehensive reform. the debate on that subject be contin- ment, I am able to announce for the The extension of the moratorium on uous, and that other speeches during majority leader that there will be no issuance of new rules on oil valuation will the course of the evening be consoli- further votes today but that there will delay these rules for an additional 21 dated in the RECORD on the Hutchison be three votes at 9:30 tomorrow morn- months. Revision of the way royalties are amendment. ing and immediately thereafter. collected is urgently needed to assure the Mrs. BOXER. I thank my friend for taxpayer a fair return. Extension of the mor- I will speak to the Robb amendment. atorium cuts off the dialogue on how best to his excellent idea. We should keep this Mr. DURBIN. Will the Senator from do this and will needlessly cost the tax- debate seamless. Washington be kind enough to yield for payers about $120 million in lost royalty pay- The PRESIDING OFFICER. Without a unanimous consent request so we can ments. objection, it is so ordered. make a record of the sequence of It is also my understanding that the Com- Mr. GORTON. Second, I have a unan- speakers? mittee adopted an amendment that could imous consent agreement under which I have been here for a while but other limit the implementation of the President’s there will be two votes on the Bond Senators have, too. I want to speak to June 3 Energy Efficiency Executive Order to amendment and a vote on the Robb the Bond amendment and I certainly reduce Federal energy costs. Restricting the agencies’ ability to improve energy effi- amendment tomorrow morning that yield to the chair of the subcommittee ciency in our buildings will prevent the Fed- apparently have been cleared. for his comments on the Robb amend- eral Government from saving taxpayer dol- Before I present that, I say we will be ment. lars, cutting dependence on foreign oil, pro- in session long enough this evening for Is it appropriate to ask unanimous tecting the environment through improved anyone who wishes to do so to speak on consent that after the Senator from

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10570 CONGRESSIONAL RECORD — SENATE September 8, 1999 Washington completes his remarks, I be somewhere between $5 billion and where between one-fifth and one-sixth be given no more than 10 minutes to re- perhaps $9 billion. These are matters of what was the historic harvest. spond to the Robb amendment? that deal simply with endangered spe- The President has not been able to Mr. GORTON. I have no objection. cies. We already have injunctions and keep that promise, even using his ad- The PRESIDING OFFICER. Without orders for the Federal Government ministration’s present forest policies. objection, it is so ordered. with respect to protecting endangered He has not reached that particular AMENDMENT NO. 1583 species and not allowing them to be goal. The harvest under these decisions Mr. GORTON. Mr. President, with re- harmed by any of these commercial ac- will be zero because the cost of pre- spect to the Robb amendment which tivities. These are, in effect, censuses paring the sales will simply be too would strike section 329 of the bill be- of everything that exists in the forest, great. This is not a policy—the policy of the fore the Senate, perhaps the best way vertebrate and invertebrate, plant and present enjoined forms of wildlife sur- to begin my remarks on it is to read animal species — the entire works. veys—that comes from an administra- that relatively short section. There are, of course, other decisions on tion that has been hell-bent for leather It reads as follows: the other side of this issue. Section 329 attempts to deal reasonably with these to harvest trees in the forests either in For fiscal year 2000, the Secretary of Agri- the Pacific Northwest or in the South- culture with respect to lands within the Na- requirements. tional Forest Service and the Secretary of The very groups that brought these east, the location of the 11th Circuit, the Interior with respect to lands under the actions, various environmental groups, by any stretch of the imagination. Nor jurisdiction of the Bureau of Land Manage- have made two arguments over the is this discretion being given to offi- ment, shall use the best available scientific course of the last 10 or 12 years that cials in the Department of Agriculture and commercial data in amending or revis- perhaps predominate over the balance and the Department of the Interior ing resource management plans for offering of their arguments. The first is that we who are bound and determined to cut sales, issuing leases, or otherwise author- should stop engaging in timber sales in the last tree. This, I want to repeat, is izing or undertaking management activities which the Federal Government—either a 1-year provision—that is to say it on lands under their respective jurisdictions provided that the Secretaries may at their the Forest Service or the Bureau of will apply only through most of the discretion determine whether any informa- Land Management—lose money; that rest of the Clinton administration— tion concerning wildlife resources shall be below-cost timber sales are not a wise granting discretion to the Secretary of collected prior to approving any such plan, investment of the resources of the the Interior, Mr. Babbitt, and the Sec- sale, lease, or other activity and, if so, the United States of America. At the same retary of Agriculture, to use their type of collection procedures for such infor- time, of course, they advocate posi- present relatively reasonable systems mation. tions, and have succeeded in front of of determining whether or not some It seems to me there are fundamen- some courts with those positions, the small portions of the 16 percent of the tally three subjects involved in section net result of which will be that there national forests not set aside for wild- 329. The first is, of course, that it ap- can never be a timber sale that is not life purposes can be the subject of tim- plies only to fiscal year 2000, the year below cost. The cost of any one of these ber harvesting contracts. It does not covered by this appropriations bill. The surveys on any public lands will exceed require the administration to follow second subject is that the two Secre- the value of the timber located on the exactly the procedures it has been fol- taries managing these national lands land. That, of course, in turn, is in pur- lowing with the Northwest forest plan shall use the best available scientific suit of the second goal of many of these and its plans for other forests at all. It and commercial data in dealing with environmental organizations, specifi- simply says if in their discretion they the plans they have for those lands. I cally including the Sierra Club, and think they have done enough, they can can’t imagine that there is any objec- that goal is that there should be no go ahead and meet their own very mod- tion on the part of the proponents of harvest, no harvest under any cir- est goals of at least providing a modest this current amendment to that lan- cumstances, on any of our public lands harvest of our timber in our national guage. The third subject says that the of any of our timber resources. That is forests. That is all. It is neither more Secretaries may, at their discretion, a formal position of many of the envi- nor less than that. It is not a mandate. determine whether any additional in- ronmental organizations including It is authority to very green, very pro- formation concerning wildlife re- those that have been plaintiffs in this environmentalist Departments of Agri- sources shall be collected prior to ap- litigation. culture and Interior to engage in ac- proving these plans. The net result of these decisions is tivities of this nature. In other words, section 329 doesn’t re- the success of that latter policy. The It is very clear the goal of these law- quire these Secretaries to do anything. United States of America is not going suits and the goal of the organizations It simply grants them the discretion to to spend $9 billion, or $5 billion, engag- that have brought these lawsuits is not act in a reasonable fashion. ing in these particular surveys. It is to get these surveys done. The goal is A number of court decisions, pursu- not a provident expenditure of our to see to it that the cost of entering ant both to the National Forest Man- money. There is no money in this ap- into preparing for any contract for the agement Act and perhaps even more propriations bill for such elaborate harvest of timber is so high that none significantly to forest plans already courses of action under any set of cir- of them will be worth doing. But the ef- prepared by this Clinton administra- cumstances. fects of those lawsuits, and therefore tion and under the supervision of these As a former head of the Forest Serv- the effects of this amendment, do not Secretaries, have stated essentially ice under President Clinton, Jack Ward apply only to timber harvesting con- that before any contract is entered Thomas said: This whole idea is de- tracts by any stretch of the imagina- with a private organization for the har- signed to make this survey and man- tion. They will apply to any new or dif- vest of timber in national forests or on agement system unworkable. Sci- ferent use of any portion of our na- Bureau of Land Management lands, an entists are not looking for these crea- tional forests and of our BLM lands. extraordinarily expensive wildlife cen- tures in the first place. The Clinton They will apply equally to the building sus must be taken, a census at least as forest plan, which has reduced by about of campsites or the improvement of detailed as the census of the people of 80 percent harvests on the public campsites or other recreational uses of the United States to be taken next lands—in the Pacific Northwest, in any the forest system itself. As a con- year—on reflection, a census much event, it already set aside 84 percent of sequence, the effect of these present more elaborate than the census of the our national forests essentially as wild- lawsuits is to make de facto wilderness people of the United States next year, life refuges. The other 16 percent has areas out of all of our national forest as we are going to be asked to spend been considered by this administration areas and to prohibit any improvement about $4 billion to count every person for a harvest in the Pacific Northwest for human recreation, other than that in the United States. of about 1 billion board feet a year. allowed of wilderness areas itself, as The cost of carrying out the activi- This was the President’s forest plan, well as of any timber harvest. It is an ties required by our courts on our na- his promise in his campaign in 1992 to extraordinary set of policies that are tional forests, if we go forward, would the people of the Northwest, some- essentially advocated by the Robb

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10571 amendment, a set of policies based on overboard in timber harvests by any of the Department of the Interior to the proposition from some national en- stretch of the imagination, and to protect the Mark Twain National For- vironmental organizations that there allow it to keep the promises it has est from lead mining. Is this a popular should be no productive use, no eco- made for a period of more than 6 years concept? It probably is with some com- nomically productive use, of our na- to the people of timber-dependent com- panies. Not only the attorney general tional forest system whatsoever. munities all over the United States of of Missouri but the Governor of Mis- The section 329, which really should America. souri has written protesting this action not have been contested at all, is sim- The PRESIDING OFFICER. The Sen- being taken by this Bond amendment. ply to grant this Clinton administra- ator from Illinois is recognized for 10 Governor Mel Carnahan from Jeffer- tion, for 1 year, the right to go ahead minutes. son City, MO, has written and said: with the extremely environmentally AMENDMENT NO. 1621 I believe you will agree the watersheds of sensitive forest plans that it has struc- Mr. DURBIN. I thank the Chair for the Current, Jacks Fork and Eleven Point tured during the course of the last 6 recognition. I misspoke earlier. I wish rivers are among the most beautiful and years, not only in the Northwest part to speak to the Bond amendment, not pristine areas of Missouri. These crystal of the United States but in the South- the Robb amendment. clear streams are great recreational assets east part of the United States and The Bond amendment is another one which should be protected for future genera- tions to enjoy. Texas and in every other place, either of these legislative riders on spending BLM lands or Forest Service lands, and bills. It is an attempt to change envi- He goes on to say: allows them to go ahead. If the Presi- ronmental policy with an amendment The environmental risk of lead mining and dent does not want them to go ahead, if to the appropriations bill for the De- potential for toxic contamination of these the policies are those advocated by pristine waterways are well understood. The partment of the Interior. The reason it Interior Secretary’s authority to protect these organizations in these lawsuits, is being done this way, of course, is it sensitive public lands should be preserved. nothing in this section 329 prohibits avoids any committee hearing, any op- He says to my colleague from Mis- them from adopting those policies. But portunity for any witnesses or public souri: what it does require is that it will re- input. quire the President to say: Whatever I There are seven, eight, or nine dif- I respectfully request you withdraw your amendment. told the people of the Northwest, what- ferent environmental riders that have ever I told the people of other parts of been attached to this spending bill. The But that amendment has not been the country about a balance, about the administration has indicated that un- withdrawn. It will be voted on tomor- proposition that there were certainly less they are removed, there is a strong row. some of our national forests that were likelihood that an otherwise good bill I can say further there are groups appropriate for productive use, for the will be vetoed by the President because across Missouri that oppose this inva- provision of jobs and for the provision riders, such as the one I am about to sion of a pristine area, a watershed of of timber resources of the United address, go way too far. the Mark Twain National Forest, for States, I now have changed my mind. One might wonder why I am address- the purpose of lead mining. The St. We are not going to do it at all. ing the issue of a national forest in Louis Post Dispatch, the largest news- If he wants that as a policy, it is not Missouri since I represent the State of paper in the State, has editorialized barred by section 329. But he will not Illinois. I am from downstate Illinois. I against this and has said, frankly, that be able to hide behind a court decision was born in East St. Louis, and the this is an effort to allow this company and say he is trying to do something Ozarks are an important recreational to come in and mine an area which is and trying to abide by a court decision area for everyone who lives in the re- of critical importance to the people of that is impossible, that sets conditions gion. It is not only a regional treasure Missouri. that are impossible economically to but a national treasure which has been The Kansas City Star, an equally in- meet. We are not going to spend the recognized by a designation as a na- fluential paper, has come to the same amount of money necessary to conduct tional forest. conclusion that the Bond amendment these surveys. The surveys are not Last year, the attorney general of is a mistake, a mistake which threat- needed. They are not worth it. We ei- Missouri, Jay Nixon, joined environ- ens the watersheds of the crystal clear ther choose to deal reasonably with mental groups in petitioning the Sec- streams of the Current, Jacks Fork, these issues and allow this President retary of the Interior asking him under and Eleven Point Rivers. and this administration to conduct the his authority, under the Federal Land For those who believe this lead min- modest harvests that they have Policy and Management Act, to remove ing operation is somehow antiseptic thought were appropriate, or we are from access to mining 400,000 acres in and will not leave a legacy, I say they saying we are not going to have any the Mark Twain National Forest. are wrong, and the scientific studies harvest at all, and in all probability we Those of us who live in that region have proven that. We know what is aren’t going to have any new rec- know this is an especially popular area going to happen if we allow these com- reational activities on our national for- of the Ozarks. The watersheds of the panies to come in and mine lead in this ests as well. Current, Jacks Fork, and Eleven Point beautiful area. We know the potential Simply stated, that is the issue: Do Rivers are in this region. Many of my for contaminating the streams. We we trust this administration not to go friends and family go to the Ozarks for know the potential for leaving behind overboard in the nature of harvesting, canoeing. They love it because of its the waste from their mining oper- do we believe this administration to be pristine beauty, and they believe the ations. environmentally oriented or not? attorney general, Jay Nixon, was cor- Some might argue that it is worth it Most of us, and I think I speak for rect when he petitioned the Secretary because it creates jobs, and yet study the Presiding Officer as well as myself, of the Interior to preserve this area after study reaches the opposite con- do not think these forest plans are ap- and to stop it from being used for lead clusion. propriately balanced as they are, but mining. This is primarily a tourist area, a they do provide for some economically This is Federal public land that a pri- recreational area recognized all around productive use of our forests, a produc- vate company, a lead mining company, the Midwest. To defile it with lead tive use that is totally barred under wants to come in and mine for profit. mining to create a handful of jobs for these certain court decisions, whether The Interior Department has the au- mining purposes is to jeopardize the at- they are correct or not correct, and thority to say no, it is important envi- traction of this area for literally thou- which we allow the administration to ronmentally and we should not allow sands of people in the Midwest and politely and courteously either abide this kind of commercial use. That is across the Nation. That is why it is by or say no, we have a better and what they would do were it not for the such a serious mistake. I daresay if more balanced way of doing it. amendment being offered by the Sen- this amendment had been offered on an I think it is overwhelmingly appro- ator from Missouri. ordinary bill, there would have been a priate to reject this amendment, to The Senator from Missouri, Mr. long line of people to come in and tes- trust this administration not to go BOND, wants to remove the authority tify, not only environmentalists who

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10572 CONGRESSIONAL RECORD — SENATE September 8, 1999 oppose the Bond amendment, but cer- While Judge Dwyer issued a prelimi- But having done so, it is a travesty tainly those who are in authority in nary injunction against the sales di- that the Administration’s failure to ef- the State of Missouri, Governor Mel rectly challenged in the case, the effect fectively implement the plan has re- Carnahan, Attorney General Jay of his August 2, 1999, ruling is much sulted in another injunction that will Nixon, as well as many other groups of broader. further erode our timber communities. ordinary citizens who believe this is a The Forest Service and the Bureau of With respect to the Eleventh Circuit national treasure that should not be Land Management have made a deci- Court of Appeals ruling, it requires sur- defiled so one company can make a sion not to award any previously-auc- veys for all ground-disturbing activi- profit. tioned sales until the lawsuit is re- ties. On the spending bill for the Depart- solved. Further, the agencies do not This means not only timber sales, ment of the Interior, this is another plan to offer any additional sales until but recreation improvements and for- one of the environmental riders de- their supplemental EIS on survey and est management activities. Some pre- signed to benefit a private interest at manage is completed and approved. liminary cost estimates put the nation- the expense of American taxpayers who While the Forest Service claims this wide implementation of the Eleventh own this public land, at the expense of will be completed by February of 2000, Circuit court ruling at $9 billion. It is families who enjoy this recreational history tells us that this EIS will be a Trojan horse rolled in by candidate area, at the expense of people who look appealed and litigated. In fact, the For- Clinton to destroy an industry. forward to a weekend on the Current est Service hasn’t produced a region- Therefore, we should make the public River because of its beauty. wide EIS for the Northwest for 10 years policy decision that we will allow for- Frankly, this is a big mistake, and I that hasn’t been litigated. est managers to use the best available hope the Senator from Missouri will The current or planned sales affected commercial data in amending or revis- have second thoughts before he calls it by Judge Dwyer’s ruling contain about ing resource management plans, as up for a vote tomorrow morning. I hope 500 million board feet of timber. Since Section 329 stipulates. he will listen carefully to the leaders in there will be no future sales until the This is the standard for data under the State, as well as the environmental EIS is completed, the total volume af- the Endangered Species Act. groups, who are standing up for one of fected could be 3 times that high. The language in Section 329 does not Further, because many of these sales the most precious resources in Mis- preclude the Secretaries of the Interior have already been awarded, if they are souri. and Agriculture from gathering addi- enjoined and operations are delayed, or I hope he will join them in saying the tional data. if the government is forced to cancel Mark Twain National Forest and the It simply gives the Secretaries more these sales, the government will be po- watershed of these great rivers are discretion to meet land management tentially liable for hundreds of mil- worth protecting, worth preserving, objectives in a timely manner. lions of dollars in damages. Section 329 is designed to give the and should not be allowed to be in- Because so little volume has been Clinton administration officials ex- vaded by a lead mining company that sold to date, and is therefore available actly the flexibility in land manage- wants to come in and mine on Federal to purchasers, the injunction of this public lands at the expense of this volume will lead to immediate mill clo- ment that they argued for in court. I am deeply saddened that in the face great national resource. sures, increasing the government’s li- of the economic crisis about to be vis- Mr. President, I yield back the re- ability for damages. mainder of my time. The issue in this case involves the ited on my constituents, the President The PRESIDING OFFICER (Mr. GOR- Administration’s implementation of isn’t 100 percent behind retaining this TON). The Senator from Oregon. one part of the Clinton-Gore Forest language. Mr. SMITH of Oregon. Mr. President, Plan, concerning surveys for 77 rare This isn’t an agonizing choice for me I rise in opposition to the motion to species of fungi, lichens, mosses, snails, at all. If I have to choose here between strike Section 329 of the Interior appro- and slugs, and for a small mammal surveying for red tree voles or keeping priations bill. This section is necessary called the red-tree vole. Six years into hundreds of Oregonians employed in to counter an extremely adverse ruling the 10-year plan, the agencies still do family-wage jobs, I will vote for fami- by the Eleventh Circuit Court of Ap- not know how to conduct surveys for 32 lies. peals, which has just been described by of the rare species. I know that there are those who my colleagues, as well as a preliminary None of these species is threatened or don’t think the language in Section 329 injunction recently handed down by endangered. Although these surveys is the best language possible. Judge Dwyer in the U.S. District are only one piece of the Plan, the con- I will commit to work with my col- Court. sequences of the case are potentially leagues and the Administration to see The case before Judge Dwyer in- enormous. if we can improve this language. But I volves the implementation of the Clin- The real fallacy of the survey and will strongly oppose efforts to strike it. ton-Gore Northwest Forest Plan, which manage requirement is that we are I urge anyone who has a National was unveiled in 1993. At the time, only going to survey on those lands Forest in their State to support reten- President Clinton said that it ‘‘pro- where ground-disturbing activities— tion of Section 329. vides an innovative approach for forest such as recreational improvements and If the Eleventh Circuit Court ruling management to protect the environ- timber sales—are planned. In the Na- is ever applied nationwide, we will ment and to produce a predictable and tional Forests covered by the Presi- have tied the hands of professional land sustainable level of timber sales.’’ dent’s Plan, this amounts to about 12 managers with an expensive, time-con- The real travesty here is that the percent of the total forest base that is suming and ineffective requirement. supporters of Section 329 are trying to still available for multiple use. I believe my colleague from Virginia fulfill the commitments made by this This is not going to tell us about the has the best of motives, but I only wish Administration in 1993, and we are now overall health of these species, since he could go with me to rural Oregon doing so over the objection of the Ad- we aren’t going to be looking for these and see the human consequences of ministration. species in the remaining 88 percent of what he proposes. The Northwest Forest Plan was sup- the land base. I began my political career in 1992 posed to be the Clinton Administra- Unfortunately, it could also apply to running for a rural seat in the Oregon tion’s historic compromise between needed forest restoration activities State Senate. It was the same election timber harvesting and the environ- such as prescribed burns and reforest- year that now-President Bill Clinton ment. For National Forests covered by ation on other selected parts of the for- sought the Presidency. I watched as an the Plan, timber harvests were reduced ests, thereby delaying these activities opponent of his campaign with admira- by 80 percent. Apparently, that wasn’t and increasing their costs. tion for the skill with which he came enough for those who want no timber It is unfortunate that the Clinton- to my State and reached out to those harvests, because they are again chal- Gore Administration ever included this in the rural communities and made lenging implementation of the Plan in provision in the Northwest Forest some very dramatic promises, some Court. Plan. promises which he said would protect

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10573 the environment and ensure a sustain- I don’t think the Senator from Vir- I am saying what is being asked for able harvest of timber. ginia would offer this motion to strike by the courts now, as required by the He carried my State. He carried your if he could go with me to Roseburg, Clinton-Gore forest plan, is a survey State, Mr. President, with these same OR. It has been a long time, has been a for 77 rare species of fungi, lichens, promises because a lot of people want- lot of heartache, a lot of pain, but it is mosses, snails, slugs, and for a small ed to believe in him. getting old. It is almost over. Here you mammal called the red tree vole. Well, I have noted with great interest that and I are defending the President’s the agencies don’t know how to con- recently the President —and I applaud plan, trying to help him live up to his duct these things. They don’t even him for this—has gone to rural Appa- promises. I want the American people know some of these species. The lachia. I don’t know whether he went to know that the Clinton-Gore forest amount of land that is at issue is 12 to parts of the State of the Senator plan, at the beginning at least, was percent of 100 percent of the land, so 88 from Virginia. I know he went to West honest enough to say: The traditional percent of the land is not going to be Virginia, and he decried poverty levels harvest you have had, we are going to surveyed, only the area where they are that are lamentable and awful. But cut it by 80 percent, by 80 percent. The digging around. No one contends that there are parts of my State as a result reality is, it is not even 10 percent of any of these things are endangered at of his forest policies which are in worse what is delivered, and now what we are all. What is endangered is rural people, shape than those he visited in Appa- seeing is there is going to be nothing creating a new Appalachia with chron- lachia. delivered. ic poverty. We are doing it in my State I rise today with a lot of emotion in That isn’t right. A sustainable yield while he decries it in his State. That my heart because I think the truth has of 20 percent is all that was promised, isn’t right, not when they have been not been told and promises have not and yet even that apparently is an- promised something better. been carried out. other mirage. I conclude my remarks by pleading Well, I know the President wishes we I have recently come from a town with my colleagues not to put in an ar- didn’t have to do a rider, but it is the hall meeting in Roseburg, OR, where tificial requirement that we will not only tool left because we are running people are finally looking at oblivion fund, which is not necessary and which out of time. Your proposal is for a year because their jobs are directly depend- can be adequately provided for, by the to allow the Federal courts to allow ent upon the sales that have now been way you described it, by giving to the these sales to go forward. Without the enjoined by Judge Dwyer in the dis- Secretaries of the Interior and Agri- Clinton-Gore forest plan, these sales trict court of the Ninth Circuit. culture the power to do what they al- would be fine; these meet the Endan- I hope I can reach the heart of every ready do under the Endangered Species gered Species Act, but somehow in the one of my colleagues because this stuff Act, by giving them that power and al- matters in human terms. I wish they creation of this plan, they have put in a survey system that isn’t economical. lowing these things to go forward and would have a more honest approach keeping some promises. Why don’t we and say: We don’t want any more har- It isn’t going to happen. It isn’t even necessary. It is a fraud. It is a way to keep some promises around here? vest of timber; let’s shut it all down. I want my colleagues to know this is At least that would be honest. This undermine their own promises. Well, history tells us this is not about a survey versus families. It is isn’t. going to happen now. I regret to tell about snails and slugs versus streets I wish they could see the kids in the people of rural Oregon that the and schools. I ask you to oppose the John Day, OR, who go to school 4 days Clinton forest plan is a failure to them. motion to strike this amendment. a week because they can’t afford to Another irony. I heard my colleague What is being done here is wrong. It open the school for 5. I want my col- from Virginia say he read a letter from has human consequences, and we in leagues to understand what they are the Forest Service about their new- this Senate ought to be bigger than voting for. If you distill this down, this found position on this issue. Why that. is about pitting a survey of fungus, didn’t they argue that in court? If it Mr. President, I yield the floor. snails, and slugs against children and was an argument to be made a month Mr. BURNS addressed the Chair. families who need streets and schools. ago, why isn’t it still a good argument. The PRESIDING OFFICER (Mr. Now, lest you think the last pine tree They have reversed course. Why? Is it BROWNBACK). The Senator from Mon- in Oregon is about to go down, I am only about politics? I think people are tana is recognized. sorry to disabuse you. You can’t stop sick of that. I think people are ready to Mr. BURNS. Mr. President, I listened timber from growing in my State. We be told the truth, and they thought with interest to the impassioned plea went to the CRP area not far from they had been told the truth by the of my friend from Oregon. Last week, where I live. There are wheat fields President, at least when it came to his we sold a lumber mill in Montana. that formerly were in wheat that were forest plan. I regret to tell them that Darby Lumber went down because they left to go to nature, and there are Pon- apparently they have not been. could not get logs. Mills are hauling derosa trees going up everywhere. They What is at stake? In Judge Dwyer’s logs in from Canada, 500 miles, and it is are 12 feet high now. ruling, about 500 million board feet of like my friend from Oregon said—we I know what the New York Times timber. By the way, to my colleagues are decimating our neighbors’ lands be- says. I know what the Washington Post on the other side, if you think by kill- cause we have not had the nerve to be says. But like some of my colleagues, ing the forest industry in this country honest with the American people. they have never been to my State. you are somehow saving the environ- To give you an idea, up in the north- They have never looked into the eyes ment, you are the best friend the Cana- western part of Montana, we are grow- of the schoolchildren who, frankly, dians and the New Zealanders have ing about 120 million board feet of lum- don’t have an adequate education be- ever had because the U.S. demand and ber a year. The Forest Service makes cause the Federal Government made use of timber is not going down. It is plans to harvest about 19 million board promises to them and their county offi- going up. We have just exported those feet. The truth is, America, we will be cials and their school officials that are jobs. So we pat ourselves on the back lucky if we harvest 6 million board being denied to them in a very dis- that we somehow have taken care of feet. honest and disingenuous way. our forests, even though it is growing Opposition to section 329 flatly con- I am angry. It is not right. It is not at record rates and subject to cata- tradicts previous positions taken by right to go win an election and then strophic fire. Even though we pat our- the environmental community and this supposedly put up a program that is to selves on the back, we are pillaging our administration on the best methods for provide for the environment, to provide neighbors’ land. protecting wildlife. Section 329 would a sustainable yield, and then through I am simply saying, the promise of restore to the administration the au- subterfuge make sure it doesn’t hap- the President to have a sustainable thority to plan and account for wildlife pen, when you have a year to go in harvest and a good environment are protection by surveying habitat—a your term, when you are decrying pov- possible, but it isn’t possible with this. method employed for over two decades erty elsewhere in this country, but you We are trying to help the President and that has been approved by seven are creating it in my backyard. make it possible. Federal courts, including three circuit

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10574 CONGRESSIONAL RECORD — SENATE September 8, 1999 courts of appeal. The recent Eleventh to office. It has championed two land proach to wildlife protection—must Circuit decision contradicted this con- management concepts—ecosystem now abandon it to follow the expen- sensus judicial opinion and would re- management and biological diversity sive—in fact, it is too expensive. We quire the agency to provide protection protection—that rely entirely on meth- know that the money will never be ap- to wildlife by counting—not once but odologies which concentrate on habitat propriated. So it will not be done. It is twice—the number of members of each rather than individual species. Cer- an outdated process of counting indi- of 20 to 40 management indicator and tainly, ecosystem management is a vidual members of one species after an- sensitive species before undertaking fancy way of saying habitat manage- other, like I said, not once but twice. I any ground-disturbing activities in our ment. I don’t have very many of those am just asking that we have an attack national forests—be it timber har- fancy words; I have to write them of common sense—just common sense, vesting, be it watershed restoration, be down. everyday common sense that the rest it trail building, be it maintenance, or But it is funny what you can see from of America uses every day just to sub- be it for the prevention of fire. I guess horseback. Sometimes you can see over sist. this is one reason you can’t run a pret- tall mountains and tall buildings and I yield the floor. ty good ranch or a pretty good farm over very high-minded ideas that don’t The PRESIDING OFFICER. The Sen- that depends on renewable resources by work. They have never worked; they ator from Idaho. a committee, for the difference of opin- never will work. So, too, when biologi- Mr. CRAIG. Mr. President, I come to ion on how we should do things. If left cal diversity is considered, conserva- the floor to visit with my colleague to that, we would never get in a crop. tion biologists insist on treating habi- from Virginia who has offered an America would never have a substan- tat as the source of wildlife and plant amendment to strike section 329 of the tial, sustaining supply of food. diversity and resist focusing on indi- Interior appropriations bill. I am The emphasis the Forest Service has vidual species. They have always done pleased that he is on the floor. I am ex- placed on habitat availability instead that. tremely pleased that he listened with of counting the members of individual We have embraced that philosophy great attention to the Senator from species is exactly the policy advocated and that approach. That means we can Oregon and the Senator from Montana, by the environmental community. I do something about managing our land and that he will listen to this Senator wonder, at this time when they change in the highest standard of environ- from Idaho whose State is 63 percent the policy, what is the motive here? mental protection and still harvest the owned by the Federal Government and What is the motive? Is it us against crop with which the God above has so whose policy as to how those lands are them? I don’t think so. I don’t know of blessed this country. managed is determined on the floor of anybody who stands in this body to Finally, the capstone of this adminis- the Senate by this Senator, the Sen- decimate the environment. But I won- tration’s wildlife policy is the habitat ator from Virginia, and others. der, of all the fires that are burning in conservation planning and incidental I listened to the Senator this after- the West today, if a little management take, permitting it is conducting with noon as he offered his amendment to on fuel buildup could not have pre- private landowners helping them pro- strike section 329. I must tell you that vented some of those. But somebody vide habitat for endangered species. I listened with a degree of frustration, thought a mouse was too important How can a man stand here and even certainly in no disrespect to the Sen- that we can’t disturb the land, and it talk about endangered species when ator, but to what I sensed was a lack of burns. you have only one crop that you get understanding of what has brought us Virtually every environmental orga- paid once a year for and you see wolves to this issue and why the Appropria- nization has insisted the law be re- killing right out of your own pasture tions Committee found it necessary at formed to address habitat protection not 300 feet away from where you live? this moment in time to speak out and and away from narrow species-by-spe- And there is not a thing you can do to clarify public policy that the Sen- cies focus. Indeed, the provision in the about it. ator from Virginia is trying to undo. Endangered Species Act that the envi- Does anyone want to go out and face The Senator from Montana, the Sen- ronmentalists most frequently quote in that man and tell him and his family, ator from Oregon, myself, and others both the Senate and the House, and in well, we have some folks that like to from large public land and forest Federal courtrooms across the country, hear that yipping and howling? After States have grown tremendously frus- is the first phrase in the statement of they get done with their kill, they will trated not by just this administration purpose in section 2(b): go across the creek, which is only but by public policy that puts all of us The purposes of this Act are to provide a about 400 yards, and they will lay there at odds. That arguably does not pro- means whereby ecosystems upon which en- and they will rest until they get hun- vide the kind of environmental protec- dangered species and threatened species de- gry again. That is almost unbelievable tion many of us would like and that pend may be preserved. to me. would allow the balance between envi- Now, we can argue on philosophy, but That is what we are talking about ronmental protection and under that I think we are arguing on politics, and here. We are talking about something important umbrella the effective use or what is at stake is families. Also, what that doesn’t work. We are talking utilization of our resources like tim- is at stake is the forest itself. I invite about people who are very smart and ber. the Senator from Virginia to go with very intelligent but have little or no So we had a judge in the Eleventh me this weekend. I will take him up in wisdom—higher than thee, elitist—who Circuit who probably really has never the Yak, where we have infestation of prevent men and women who were born been West, nor does he understand the the pine beetle, dying trees, and a for- of the soil, born of the land, worked the West, make a ruling on a ground-dis- est that would just shock him. It would land, and will die and go back to the turbing activity of the Forest Service absolutely shock him to his shoes. He land. I guess one could say we are all on its lands and say that you haven’t would be devastated, looking at that just circling the brink because that is studied thoroughly enough how that forest. Yet the environmental commu- where we are going to go. Maybe you activity contributes to the demise of a nity has made up its mind that we are never know how that is going to turn plant, a fungus, a slug, a snail, or an not going to harvest; we are going to out. exotic animal. This judge went against let it burn. I don’t think that is why Despite the solid momentum away decades of science, and even nine court the Senator from Virginia wore the from attention to single species and to- decisions that had largely said the For- uniform as long as he did, to protect ward consideration of habitats, we now est Service was doing an adequate job that kind of mismanagement of the see the very advocates of this approach in its overview of the endangered spe- country he so loves, or even the people criticizing it in their attacks on sec- cies responsibility under the Endan- he so loves. tion 329. I wonder how they will feel gered Species Act through an environ- The administration has been even when they are successful in stripping mental impact study. more adamant in insisting on a habitat 329 from the bill only to discover that The Senator from Oregon was talking approach to wildlife protection. That is the U.S. Forest Service—one of the about the judge’s decision in the Elev- what they told us when they first came first agencies to adopt a habitat ap- enth Circuit being picked up by the

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Flood control in the Cascade Ironically, in the Ninth Circuit, what here tonight nor was he willing to National Recreation Area, a contract the Senator from Oregon was talking stand up and speak out loudly. involved with repair and construction about was the most comprehensive, What this administration I think is of four bridges and relocation of por- above the level of science that has been saying, and I trust that it has to be as tions of the trail and stone structures practiced, reviewed, and mandated reasonably disturbing to the Senator and retaining walls. All of it is surface- under the President’s own forest plan. from Virginia as it is to this Senator disturbing activity; all of it because There was a comprehensive effort be- from Idaho, is continue to work someone didn’t like it, a lawsuit is tween the Forest Service and U.S. Fish through the court process. We think we filed, and a judge stops it because the and Wildlife Service and National Ma- can work this out. Forest Service doesn’t know how to do rine Fisheries that all aspects of the Ironically enough, their working it these kind of things. disturbance would be studied before out means they have already lost 3 No, not at all. Because the Forest these timber sales or other activities lawsuits, they have already lost 3 Service didn’t examine whether repair- would go on. times. They are still saying: Trust us, ing an old trail wall disturbs a lichen As a result of that, I think it is tre- we know how to work it out. or a moss on the wall of stone that was mendously important for the Senator Even the forest plan that the Presi- originally put there by man himself. from Virginia to understand—I serve dent himself staked his public land rep- That doesn’t make much sense, does it? on the Appropriations Committee—we utation on is in the tank out in Oregon, But that is exactly what striking sec- did not attempt to do anything ex- Washington and northern California. tion 329 will do. traordinary. We just tried to say in Thousands of people will be out of work I wish the Senator could stand up and public policy that what the judge in this winter because this President say let’s abide by science, let’s not play the Eleventh Circuit had done, what wouldn’t stand up and ask his chief of this out in the courts anymore. Let’s the judge in the Ninth Circuit was the Forest Service to fight for what he empower the chief of the Forest Serv- doing, and what a judge in Texas has originally said he thought was right. ice and the assistant secretary of agri- already picked up on is really outside He says: Let us work through the culture and the President himself. I science. court process. don’t find myself on the floor of the A committee of scientists empowered How long will it take? We don’t United States very often defending this by this Secretary of Agriculture, Dan know. A year, until after the next elec- President. I don’t think he has had Glickman, just this last year reported tion? Possibly. good public land policy. But in one back to the Department of Agriculture What is most important for the Sen- area where he really tried, now he him- and to the U.S. Forest Service that the ator from Virginia to understand is self will not even defend his effort. His science they were using that the judge that what is in 329 is not outside the chief of the Forest Service is trying to in the Eleventh Circuit knocked down law. Let me read the language: avoid the pressure by environmental was the right science—that you use in- The Bureau of Land Management and U.S. groups who see this exactly the way dicator species, that you didn’t need to Forest Service shall use the best available the Senator from Oregon spoke to it science and commercial data in amending this evening: A way to turn the forest get out on the ground and count every and revising resource management plans for plant, or animal, or microorganism. and offering sales, issue leases or otherwise off. It was unnecessary to do this to de- authorizing or undertaking management ac- They will not only stop logging, they termine the kind of impact that a tivities on, land under their respective juris- will turn your forests off. They will at- ‘‘Ground disturbing activity’’ would diction. tack any surface-disturbing activity, have on the ground. But it was very Where does the language come from? even if it is a trail, a trail head, or a important for the state of the science Not out of the mind of the Senator campground that may facilitate the involved to use the indicator species from Washington who is the chairman very citizens of the State of Virginia concept that had been used and upheld of the Interior appropriations sub- who enjoy their public lands and their in nine different court decisions as the committee. It comes out of endangered two national forests. right approach. species law. It comes out of the act As the Senator from Virginia knows, I guess what I am saying to the Sen- itself. It is the operative language that in the mid-1970s we passed the National ator from Virginia tonight is how long drives the Endangered Species Act. It Forest Management Act. That was to do we fight? How long do we see this is not new language. It is not new law. direct the most comprehensive review kind of conflict that stops all kinds of Then we go on to say, of every forest in the United States. activity before the Senator from Vir- Provided that the Secretaries may at their From that was to come a management ginia is willing to stand up with the discretion determine whether any additional plan and a way to execute that plan. Senator from Idaho and do what is our information concerning wildlife resources The Senator from Virginia knows as do responsibility, and that is crafting shall be collected prior to approving any I that he and I and the taxpayers spent sound public policy that disallows the such plan, sales, lease or activities. nearly a quarter of a billion dollars de- courts and the judges from being the Full discretion to the secretary, to veloping those plans. It was the most public land managers of our States. the managing agency. Not new law. comprehensive land-planning exercise Yet the Senator from Virginia to- Empowering them to do the right thing in the history of the world. We devel- night says: I want the judge to decide. with their scientists and their exper- oped computer models. We looked at But he didn’t really quite say it that tise. That is what we are doing. We are every aspect, every watershed, all of way, and it would be unfair. What he is empowering Bill Clinton. We are em- the character and the nature of this saying is, let the process continue to powering Mike Dombeck, the chief of public land. It was right that we did so. go forward. the Forest Service. Yet they are say- Our forests now operate under those I am extremely disappointed that the ing, just work this out through the plans. Every activity was viewed chief of the Forest Service is not in the courts. What if they lose the fourth through a grid that determines wheth- gallery tonight saying to the Senator time and it is a year from now and no- er they are endangering a species of from Virginia: You shouldn’t be doing body is in the mills and nobody is any kind. That is what I spoke to a few this. working and thousands of people are moments ago. However, that whole ef- What the Senator from Washington, out of work in Oregon, Washington and fort cost a quarter of a billion dollars, Mr. GORTON, put in this legislation al- northern California? or near that. lows the Forest Service to continue to Or should we talk for just a few mo- What the amendment of the Senator do what the courts and a team of sci- ments about the activities on the would do, and if the courts were to entists said is the right thing to do: George Washington and the Jefferson win—not the policy makers that we

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10576 CONGRESSIONAL RECORD — SENATE September 8, 1999 were elected to be, but a judge, an ap- huge portion of their budget came from the premise of the judge from the elev- pointed judge who does not know one timber sales, the Twenty-Five Percent enth and the judge from the ninth cir- thing about the forests in Oregon or Fund. The Senator may be familiar cuit, that those kinds of effective stud- Idaho because he is reviewing an activ- with it. For every tree that is cut, the ies were not done on a given disturbing ity in a forest in the State of Georgia, counties and the schools got 25 percent activity in my State. Then it will he is saying get out there on your of the stumpage fee. We are not cutting apply further into my State. hands and knees with as many sci- trees in that area anymore, even Those are the issues. I hope our col- entists as you can muster and count though there are millions of acres of leagues are listening tonight. I under- and look at every little tidbit. trees there. As a result, the school had stand we will debate this tomorrow The Senator from Oregon went to decide whether to have an athletic some, but we will vote on it. through that litany of mosses, snails program or hot lunch program for the To reiterate, I oppose the amendment and critters tonight. It is estimated, kids. They are struggling, taking dona- by Senator ROBB that would remove just estimated, that to do that kind of tions from the community to have hot Section 329 of the Interior Appropria- an evaluation on an acre-by-acre basis lunches. I don’t know whether that’s tions bill. This effort is misguided and across the landscape of the public for- happening anywhere in Virginia, tak- I strongly urge my colleagues to under- ests of our country would cost 5, 8, or ing donations to have a hot lunch pro- stand the need for this Section if our $9 billion dollars. The Senator from gram to feed kids. But the Senator’s national forests are going to continue Virginia knows, as do I, we will not ap- amendment has an impact on that kind to function. The Section simply clari- propriate that money. That kind of of caring event. fies that despite recent circuit and dis- money doesn’t exist and that kind of I wanted to personalize this because I trict court decisions, the Secretaries of money should never be spent on this don’t think, when the amendment to Agriculture and Interior maintain the kind of activity. The scientists who are strike came to the floor, there was an discretion to implement current regu- good scientists—not judges, and not en- understanding of the immediacy of the lations as they have been doing for vironmentalists who want to see the impact of this kind of decision. It was nearly 2 decades. world shut down—are saying that the just some neat environmental vote During the past two decades, nine standards and the tests and the indi- that we would have because that is separate court decisions have backed the way the Forest Service has been cator species and the work that is what a lot of the environmental com- conducting their surveying populations being done today is thorough, adequate munity wants. This is a test vote of by inventorying habitat and analyzing and responsible. Yet the amendment of some kind. It is not a test vote on anything existing population data. the Senator denies that because that is On February 18, 1999, the Eleventh other than a political idea. It does not the exact language that was put in this Circuit Court of Appeals determined bear out consistently good policy be- section of the appropriations bill. that the Forest Service must conduct Why is it important we do it now? We cause we have good policy in this area. forest-wide wildlife population surveys heard from the Senator from Oregon. I We have scientists from around the on all proposed, endangered, threat- have been to John Day and I have been world saying we do it better than any- ened, sensitive, and management indi- to Roseburg. Those are mill towns. place else. Yet a judge simply said no, cator species in order to prepare or re- Those are little communities with mil- you don’t. You don’t do it the way I vise national forest plans and on all lions of acres of public timber land think it should be done, and therefore ‘‘ground disturbing activity’’—not just around them. The people who live there I want you to do it differently. timber sales. Never before has such an That is the crux of the debate. There make their livelihood from logging. It extensive, and frankly impossible, are all kinds of opinions around it. But has changed some because logging has standard been set by the courts. diminished dramatically in those I must say, to an administration that Another ruling on August 2, 1999, in areas. has three times lost this battle in Federal District Court in Seattle, on a But what the action of the Senator court, for them to step up now and say, similar case, jeopardizes the Presi- from Virginia is doing, if he is success- trust us, let’s work it out, without an dent’s Northwest Forest Plan, and has ful, is it turns off those timber sales, alternative plan, with the idea we will already begun to stop most if not all nearly 500 million board feet of timber work it out and get to the point and ground disturbing activity in the that would keep those mills operating they lose another lawsuit and we are 12 Northwest. through the winter and into the spring. months down the road and the people These rulings result in paralysis by Because no longer do we operate on a 3- in Roseburg or John Day are not back analysis. It would require the Forest year pipeline, they call it, where you to work? Service to examine every square inch have timber adequate in the pipeline It is not impacting my State at this of the project area and count every ani- for a 3-year period. That ended with moment. But here is what happens in mal and plant—even every insect—be- the Clinton administration. Now we my State. It is like a West Virginia- fore it approved any activity. are on nearly a timber sale by timber Virginia relationship. If they are not The cost to carry out such extensive sale basis. cutting trees in Oregon, even under the studies—studies which have never been Yet, remember the reduction in tim- President’s plan, and these mills are required before—could be approxi- ber sales that the Senator from Oregon deprived of trees and people are out of mately 9 billion dollars. How do we do talked about? We are not talking about work, that mill operator comes into this? Because the Forest Service does cutting anywhere near previous levels. Idaho looking for timber sales. He bids contract for population inventorying We have an 80 percent lower cut in 8 up the price well beyond where it ought on occasion. A population trend survey years. And even that which this Presi- to be, takes a timber sale out of Idaho, requires two studies. If we extrapolate dent said was adequate, right, respon- puts those logs on a truck and heads from the $8,000 cost of one plant inven- sible and environmentally sound, a them west over the Cascades into Or- tory, we reach $38.1 million for the judge now arbitrarily has taken away. egon just to keep his people working. 864,000 acres within the Chattahoochee So that is why we are on the floor this So my mill in Orofino, or a place like National Forest where this decision evening. This is one of the most time that, is with less timber at a time originated. If applied to the 188-million sensitive amendments, directly relat- when we are hardly cutting any tim- acre national forest system, the cost ing to jobs and people’s well-being, ber. And we have simply pitted one reaches $8.3 billion. that is in this legislation. against another. That is not good pol- We appropriate roughly $70 million Let me close by one other analysis. I icy either. But ultimately that is what for forest inventory and monitoring. was in one of my communities, can happen and that is what will hap- Are we prepared to shift the $9 billion Grangeville, Idaho County, Idaho, a big pen in my State, even though this necessary for this new standard? If not, county right in the heart of my State, judge’s decision at this moment does this recent interpretation forces the with 70-plus percent, 80 percent public not impact us. Forest Service to shut down until the lands. In one of those communities But failing Congress’ ability to estab- Agency can apply the new standard. they started their school year with no lish and clarify this policy issue, some The purpose of Section 329 is not to hot lunch program. Why? Because a group will file a lawsuit and argue on change the court decisions or set a

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10577 new, lower standard. It is simply to have to say in particular, with respect one in the administration is talking clarify that the existing regulation to the distinguished Senator from Or- about anything that would cost any- gives the discretion to the Forest Serv- egon talking about some of the people thing in that range. ice and the BLM when determining in communities which he has visited, The essence of the court decisions what kind of surveys are needed when the same phenomena has occurred to were on a very limited scope. The court management activities are being con- all of us at one time or another. All of said, if you tell us that this is the plan sidered. us truly feel the intense pain that you want to put into effect, that you Some of my colleagues would argue those families suffer. In many cases agree to put into effect, then the least that this is an issue for the authorizing that suffering comes to them because you ought to do is try to follow that committees to deal with. I agree. This of activities that have been taken in plan. is an issue that absolutely should be terms of Federal trade policy, some- The problem in the Eleventh Circuit, dealt with by those committees. They times because of innovation in various if my memory serves me correctly, was need to determine whether the agen- manufacturing techniques, moderniza- with 32 of the 37 species, absolutely cies have been correctly interpreting tion of equipment—lots of reasons that nothing was done. The court is in the their regulation for the past 17 years. long and established communities are position of saying, we will give great They need to determine whether it is adversely affected. Any of us who do deference to the Forest Service, to sufficient to inventory habitat, rely on not relate to that and have a sense of other administrative agencies, to regu- existing population, consult with state compassion—we may disagree on a par- lators, to anyone else who is involved, and federal agencies and conduct popu- ticular item at a particular time, about but you cannot simply do nothing and lation inventories only for specific rea- what is the best way to approach a par- expect us to simply say it is OK not to sons. ticular challenge that we face, but I pay attention to your own rules and But I argue that the appropriations don’t think any of us lack compassion regulations. process should not be made to bear the for those families or want to be in a po- That is what both of the cases are burden while the authorizing commit- sition where we are doing anything about, and that is what distinguishes tees study the question. All section 329 that hurts more than helps. In this par- the cases which trouble the Senators does is to preserve, for the next year, ticular instance, I would have to say from the Northwest from the other the status quo as it existed on April 8, one of the comments made by my cases. 1999. Otherwise, our already limited re- friend from Oregon was ‘‘let science de- In the other cases, the judge was able sources will be further overwhelmed if cide.’’ That is really what is at issue to rule in such a way that the logging we are required to fund this new stand- here. could continue, whatever land dis- ard. We see the issue differently. But in turbing operations could continue. We I urge you to oppose this amendment this particular case, science has deter- are not talking about a situation where and support sensible management. mined at this point, and the board of every single species, some of which We are appropriating roughly $70 mil- scientists the distinguished Senator re- none of us could identify if we were lion for forest inventory monitoring ferred to has suggested, that there are given a chart of all the species involved this year. There is only $70 million in means of establishing the health of the because they are so rare, had to be the Federal budget. Yet it is now esti- forest that will require indicator spe- counted. That is what indicator species mated that this will literally cost us cies measurement. None of the deci- are for, to simply be able to track in billions of dollars if the Senator from sions require counting all species, some limited way some species as an Virginia and the Senator from Idaho every single species. In fact, the only indication of how all the species are cannot stand up and look some of our species I am aware of that is measured faring under various changes that radical friends in the eye and say: That in terms of every single member of the might affect those particular forests or is not good policy. You are not the pol- species is the Condor count. That is a those particular areas. That is really icymaker and your lawsuits and your truly endangered species. I know of no all we are saying. judges are not either. We are. We were other. There may be. In this particular case, the Forest elected to craft policy. The Senator In any event, we are talking about Service, BLM, the Interior Depart- from Virginia and I are responsible doing something. The reason these ment, the Department of Agriculture, only if we take that kind of leadership cases were decided the way they were and the heads of those agencies have position. and other cases were decided dif- said that section 329 is likely to cost a That is the kind of leadership posi- ferently is because the rules that had great deal more money, is not likely to tion that Senator GORTON took in the been established, the plan that had do exactly what they purport to ad- appropriations bill. He did not go out- been established by the Forest Service, dress but have exactly the opposite ef- side the law and he did not go outside and that they had agreed to follow, fect. practice. He mandated and requested wasn’t followed. In this particular case, the Agri- the Forest Service of the United States The Northwest forest plan came culture Department, the Interior De- act responsibly, under the Endangered about in very large part because of the partment, the BLM, and the Forest Species Act, and gave them the guide- timber wars, the very difficult situa- Service make it very clear that what is lines to do so. That is what section 329 tion that every Member of the North- proposed is more likely to be counter- does. west delegation of this body remem- productive, but that is beside the That is leadership. Falling back into bers. point. They are acknowledging that a the arms of the judge and simply seek- As a result of the compromise that standard has been recognized by the ing the will of the courts is not. I hope was entered into, opened up some log- Eleventh Circuit case and that they did my colleagues would join with me to- ging—I recognize the 80-percent factor not meet that standard. They believe morrow and oppose a motion to strike. the Senator from Idaho and others they should be held to the standard, I yield the floor. have used—at least some logging was and that is what they are prepared to The PRESIDING OFFICER. The Sen- conducted and the gridlock that had do. That is what adaptive management ator from Virginia. existed prior to that time did not con- practice is all about. This is not the Mr. ROBB. Mr. President, first let me tinue. They have been operating under kind of absolute foreclosure that my address my colleague and friend from this provision, the Northwest Forest friends on the other side have rep- Idaho, who is one of the four Senators Plan since that time. resented it as. who have spoken against this amend- I have heard repeated references to Plans are underway right now to ad- ment on the floor and tell him first of costs that are clearly beyond anything dress the challenges that were put to all I appreciate the sincerity of his re- anyone associated with the Forest the management agencies by both deci- marks and the concern he shows, and Service, BLM, the Interior Depart- sions. I submit the concern for the his colleagues have shown, for those ment, or the Agriculture Department Ninth Circuit case is considerably who face economic hardship because of would consider possible, or can even greater on the part of my friends from any decision that might be impacted understand frankly, because we have the northwestern part of the United by the Federal Government. I would claims of $5 billion to $9 billion, and no States than the Eleventh Circuit.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10578 CONGRESSIONAL RECORD — SENATE September 8, 1999 Nonetheless, the decisions simply Mr. President, I see no one else who or three years. In the meantime, traffic said to the Federal agency involved: If I believe wishes to address this par- will continue to back up and it will you say these are the rules that you ticular matter. We will have an oppor- take longer and longer to navigate are going to follow and you agree these tunity to provide closing arguments to- around our nation’s capitol. This kind are the rules that should be followed, morrow before this is taken up. of regulatory gridlock never used to and the scientific community has said I do not believe we have asked for the happen on the East Coast, but it has this is the way we can make the ra- yeas and nays. I request the yeas and been a common occurrence in the West. tional assessments and achieve the nays. I can guarantee you, however, that kind of balance that we are looking for, The PRESIDING OFFICER. Is there these kinds of regulatory activities then you ought to do that. objection? Without objection, it is so will continue until we receive regu- I share the frustration. There is al- ordered. latory relief and learn that increased ways an enormous frustration factor Is there a sufficient second? regulation does not necessarily mean when you are dealing with a situation There is a sufficient second. we are protecting the environment. that seems to be beyond the control of The yeas and nays were ordered. If we are seriously going to protect those who are most affected by it. I am Mr. ENZI. Mr. President, I rise in op- our environment, we need less regula- particularly sensitive to the State of position to this amendment and to ex- tion and more proactive programs par- Idaho where so much of the land is press my concerns regarding the in- ticularly on our national forests. The owned by the Federal Government, creased bureaucratic burden it would worst thing we could do, then, is add to owned by the people of the United place on the backs of America’s rural the gridlock and adopt this kind of States, and that makes this forum for communities. This amendment would amendment. decisionmaking so much more impor- require the Forest Service to conduct Mr. CLELAND. Mr. President, I rise tant, in many cases, than it is for other forest-wide wildlife population surveys today to voice my support for and co- States where the percentage of our on all proposed, endangered, threat- sponsorship of Senator ROBB’S amend- total land, the percentage of our total ened, sensitive, and management indi- ment to remove the Section 329 rider economic activity is less affected by cator species in order to prepare or re- from the Interior Appropriations bill. decisions that are made right in this vise national forest plans, and in every This rider would undermine sound particular Chamber. area of each national forest that would science in wildlife management in my The bottom line again is simply if be disturbed by a timber sale or any state and across the nation. It would the agency agrees to a particular other management activity. Such a re- suspend U.S. Forest Service and Bu- course of action, if the action is ration- quirement would put a virtual freeze reau of Land Management require- al, and reflects the fact we are not on all Forest Service activities and ments to research and monitor certain using the forest just as a place where would serve as a death knell for rural wildlife populations, integral require- logging can be carried out, but where economies. ments that the agencies themselves recreational and other environmental For more than fifteen years, the Fed- adopted as early as 1982. I strongly sup- elements are valued, then that one ac- eral Government has been at war over port this amendment and believe that tivity must be balanced against the how to manage our Western lands. The we should remove this rider. Section 329 attempts to overturn a others. result has been 15 years of gridlock In this particular case, a rational ap- recent court case, Sierra Club versus that not only locks up public lands and proach has been devised. It is flexible. Martin, issued by the 11th Circuit, threatens the health of our national It is being addressed at this particular which confirmed the agencies’ duties to forests, but it also locks up rural moment. An additional environmental monitor certain wildlife species in economies which have suffered from impact statement is in the process of order to make credible and well-in- dramatic economic disruption. preparation. formed management decisions. The The only real change that will come Economies in rural communities are 11th District Court unanimously ruled about from where the law is now, the not like economies in more urban set- that the Forest Service was not prop- only real change is whether or not the tings. Rural economies cannot make erly performing its responsibilities to public ought to have an opportunity to the kind of rapid adjustments that are inventory ‘‘rare’’ species in the Chat- participate and comment on the proc- available to more populated areas. tahoochee and Oconee National Forests ess. That is the only real change that When a timber company of about 50 as mandated by its own Forest Man- would be brought about by this par- people goes out of business in rural agement Plan. The court’s decision ticular rider, other than attempting to America, even though its number of does not expand monitoring require- legislate on an appropriations bill, thus employees may seem small under ments, but merely ruled that the abso- bypassing the administration, regard- urban standards, those fifty employees lute failure to collect any data or im- less of what party is in power, and by- can make up 20 to 30 percent or more of plement any monitoring of indicator passing the legislative process, bypass- the local work force. and sensitive species was not legal. ing the authorizing committee to Just as important, however, is the Monitoring the health of ‘‘indicator’’ which these arguments could be ad- impact that this kind of amendment and ‘‘sensitive’’ species is both sound dressed. will have on the future of forest health. science and good wildlife management. I am not at all insensitive to the con- The biggest threat facing America’s Indicator species act as proxies for cerns that have been raised by my col- forests today is the overriding threat other wildlife in the forest. That is why leagues who represent this particular of destruction by catastrophic wildfire. monitoring of indicator species was in- area. Indeed, I want to work with them This threat is particularly strong in cluded in the 1982 implementing regu- and the Forest Service, the BLM, the the West where our nation receives lations of the National Forest Manage- Interior Department, and the Agri- very little annual rainfall. ment Act and is included as an integral culture Department to see if we cannot Without a proactive forest health part of forest management plans adopt- find ways to address the specific prob- program that thins out the ever in- ed by the agencies. If we ignore what is lems that those communities, particu- creasing vegetation from our forest happening to these ‘‘indicators,’’ we larly those that have no other oppor- floors, we are only setting ourselves up are ignoring the impacts on the whole tunity for economic activity, are faced for disaster. forest. Collecting new and important with at this particular time. Haven’t we learned anything from data is the only way to ensure that our The way to do it is not to put an en- the debate over the Wilson Bridge? land mangers are using the most up-to- vironmental rider on an Interior appro- When local communities decided to im- date and accurate scientific informa- priations bill which bypasses the Fed- prove the Wilson Bridge along the infa- tion. By limiting decisions to ‘‘avail- eral administrative process, bypasses mous Washington Beltway they able’’ science as this rider would dic- the legislative process, and simply at- learned near the end of their process tate, Section 329 turns a blind eye to tempts to write into law something that they had to go back and complete the information we need to make the that has not been approved by either a full blown EIS. Because of this regu- best possible management decisions. section and which is, indeed, actively latory requirement, the Wilson Bridge I understand that some argue the opposed by representatives for both. now will not be built for another two best ‘‘available’’ definition is the same

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10579 rigid standard set forth by the Endan- In closing, it is clear that the Forest to the State of California and the City gered Species Act. While true, this is a Service’s own National Forest Manage- of Long Beach. complete misrepresentation of the ment Act regulations require moni- In fact, I am very pleased that they law’s intent. The intent of best ‘‘avail- toring of certain, but not all, resident brought that up because the case has able’’ information for Endangered Spe- wildlife to ensure that land managers actually been settled just in the last cies is to encourage swift listings of are using the most up-to-date and ac- couple weeks. In fact, the Senators animals so that we avoid risking the curate scientific information in their from California and Illinois mentioned extinction of such animals. Associating decisions. Now, I understand that every that several oil companies had settled this definition with determining the single species of plant and animal can- because they, for whatever reason, did status of animals in a National Forest not and should not be documented in not want to go forward with the costly section scheduled for timber harvesting these inventories. However, I believe litigation. But Exxon decided not to runs completely contrary to the intent that in order to protect species from settle, and the Arco employee did tes- of the Endangered Species Act version becoming threatened and endangered, tify in the Exxon case, under oath, that which is to protect species. Applying the Forest Service must employ effec- the oil companies were misstating the this definition when making forest tive measuring techniques which will value of the royalties they owed to the management decisions risks the habi- provide accurate estimates. These esti- State and to the City of Long Beach. tat and future of both ‘‘sensitive’’ and mates are critical to making sound This case went to a jury, a jury in ‘‘endangered’’ species by not having ac- management decision. I believe that California of 12 citizens. The jury found curate and current data upon which to this rider short circuits both the Sen- that the Arco employee was not cred- make these decisions. Each forest man- ate’s ability to provide proper over- ible. The jury of his peers determined ager will be without guidance and our sight and the Forest Service’s process that the Exxon Corporation had not national lands will be managed accord- for amending forest management plans. cheated the taxpayers of California or ing to the whims of individuals rather I urge my colleagues to remove this the City of Long Beach, and they threw than the interests of the public. rider and vote in favor of this amend- out that suit from Long Beach and the In my own state of Georgia, National ment. I thank my colleagues and yield State of California. Exxon showed that Forests provide a refuge for black bear, it had not undervalued its oil. This was migratory songbirds, native brook the floor. Mr. ROBB. Mr. President, seeing my a suit for $750 million. trout, and an incredible diversity of friend from Texas on the floor, know- So the Arco executive who testified aquatic species. Some of these species under oath was in fact discredited in are already listed under the federal En- ing that she has plans to address an- the court, and the jury found that the dangered Species Act. Many more may other of the pending amendments, I Arco executive was not persuasive. I be listed in the future if we ignore the yield the floor. Mrs. HUTCHISON addressed the warning signs. The smart, economical say that because so much was made of approach is to monitor and conserve Chair. it, as if the case had gone the other The PRESIDING OFFICER. The Sen- ‘‘sensitive’’ species before they reach a way. But 12 citizens in California got ator from Texas. crisis state and are listed on the endan- together and the jury verdict was in gered species list. By avoiding such PRIVILEGE OF THE FLOOR favor of Exxon. listings, we have the maximum amount Mrs. HUTCHISON. I do intend to ad- But having said that, I have said of flexibility and the costs of conserva- dress the issue of my amendment, but from the very beginning that the law- tion are low. Unfortunately, Section first I ask unanimous consent that suits are not an issue. If any oil com- 329 discourages land managers from privileges of the floor be granted to pany did not value correctly under the doing just that. William Eby during the pendency of present law or regulations, they ought I understand that, in reaction to the the Interior appropriations bill. to pay. So it has never been an issue. court decision, the regional forester for The PRESIDING OFFICER. Without You would think, from the rhetoric of the Chattahoochee and Oconee Na- objection, it is so ordered. the Senator from the State of Cali- tional Forests is amending its forest AMENDMENT NO. 1603 fornia, that this amendment had some- management plan and this rider com- Mrs. HUTCHISON. Mr. President, as thing to do with companies not paying pletely short circuits that process. was unanimously consented to earlier their fair share under the present law. Amending the Forest Management in the evening, Senator GORTON re- Nothing could be further from the Plan is the proper method for handling quested that all of the arguments on truth. these kinds of issues. It allows for Pub- the Hutchison amendment be put to- In fact, what we are talking about is lic Comment and Participation and gether. So I ask unanimous consent changing the valuation of oil royalties. also allows for Sound Science to be uti- that my remarks be put following the We are talking about unelected Depart- lized and reviewed. The Forest Service Boxer remarks on the Hutchison ment of Interior employees, who have has stated that this rider, ‘‘Overrides a amendment, which I think is the next no accountability, usurping the rights Federal Court Ruling, agency regula- in line, in order to keep them in the of Congress to set tax policy in this tions, and resource management plans same area so that they will follow country and affect oil jobs to a huge that require the Forest Service and Bu- along. extent. reau of Land Management to obtain The PRESIDING OFFICER. Without The fact of the matter is, what we and use current and appropriate infor- objection, it is so ordered. are trying to do with the amendment, mation for wildlife and other resources Mrs. HUTCHISON. Mr. President, I with the Hutchison-Domenici amend- before conducting planning and man- do want to address some of the issues ment, is we are saying we want it to be agement activities.’’ Note the language and some of the facts that were mis- fair, we want to continue the morato- that resource management plans re- stated by the Senator from California rium until the Department of the Inte- quire the agencies to obtain and use because I think it is very important rior has a fair valuation that accedes current and appropriate information. It that the RECORD be set straight. I at- to the wishes of Congress, because Con- does not say, see what data you can tempted to correct the Senator from gress makes the laws. That is the pre- scrounge up and use that. California while she was speaking, but rogative of Congress. That is the re- Considering the Senate’s recent de- she preferred to continue to speak, so I sponsibility of Congress. And it is fur- bate on Rule 16, it is clear that this want the RECORD to be very clear on ther the responsibility of Congress to rider is attempting to legislate on an some of these important facts. stand up when they delegate authority Appropriations bill. I believe that con- First, the Senator from California to a Federal agency to make a rule and tentious authorizing language such as and the Senator from Illinois made that Federal agency does not do what this should have the benefit of a full re- much of the testimony of a former ex- Congress intended for it to do. view by the authorizing Committee ecutive from Arco who had testified, Only Congress can step forward and which has jurisdiction over these mat- they said, under oath that oil compa- say: No, we did not intend to raise oil ters. These important decisions should nies had in fact misstated and actually royalty rates the way you intend to do not be done through an environmental tried to hide the value of the oil and it, so we are going to put a moratorium rider on an appropriations bill. not pay their fair share in oil royalties on your rule until you do an oil royalty

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10580 CONGRESSIONAL RECORD — SENATE September 8, 1999 rate that is simpler, fairer, will be people will know what the law is and Hutchison amendment, I hope she will right for the citizens of our country what they must do to comply. Not the talk to them. They will assure her that and right for the oil industry that is MMS. They have one opinion here and this is going to put one more chink in very important to this country. So one opinion there. Congress asked their ability to create jobs and con- that is what we are talking about them to make it simpler, and they tinue to drill oil and natural gas in our today. have gone far beyond what Congress in- country, rather than choosing to go I did not like the tone of the rhetoric tended. It is our responsibility to make overseas where it is much cheaper to that ‘‘oil is bad,’’ that ‘‘big oil is sure they do what is right for the tax- do it and where you don’t have to pay worse,’’ that ‘‘everything about oil payers of America. That is what the as much as we pay in America. companies is bad.’’ I thought I was Hutchison-Domenici amendment will I hope very much that she will recon- back in the 1960s when it seemed that assure they do. sider, knowing that all of the small ‘‘business was bad.’’ Well, business is This is not an industry that has had companies are affected by this new rul- people. Business is jobs. Business is an easy time in the last year and a ing. people. half. In fact, oil prices have been lower I will read from some of the letters of My heavens, why wouldn’t we want than ever in the history of our country, people and groups that are supporting business to be successful in America so adjusted for inflation, $7, $8 a barrel, a the Hutchison-Domenici amendment. that we have jobs in America? Some- lot of that because of the glut of im- People for the USA writes: times when I hear people talking about ported oil on the market. We have lost Dear Senator HUTCHISON: We support your the ‘‘big bad oil companies,’’ I think: half a million jobs in the oil industry fight to simplify the current royalty calcula- Do you want more foreign oil, more in the last 10 years. We are importing tion system. On behalf of 30,000 grassroots foreign jobs, rather than American jobs 57 percent of the oil in our country. If members of People for the USA, I want to and American revenue? we have bad oil royalty principles, it thank you for your diligent efforts to bring I think we have a choice here. Those also affects natural gas, which is the common sense to royalty calculations on ‘‘big bad oil companies’’ are the basis most important substitute fuel in Federal oil and gas leases. Energy Secretary of the California teacher retirement many of our coal burning areas. Nat- Bill Richardson has suggested that domestic system pension plan. They are a very ural gas is much cleaner, better for the oil field workers look to opportunities over- seas. Senator, an administration that talks important part of the stability of re- environment than coal. So when you about kicking American resource producers tirement for California teachers, and start tampering in a negative way with out of the country has a badly skewed set of Texas teachers, for that matter, and the oil royalty rates, you also are priorities. going to affect the price and avail- probably Illinois teachers as well, be- That is signed by Jeffrey Harris, Ex- ability of natural gas, because natural cause the big oil companies have been ecutive Director. a stable source of dividends for maybe gas, of course, is a byproduct of drilling The National Black Chamber of Com- 100 years. for oil. If you discourage our American merce writes: I don’t know when the big oil compa- companies and our American people nies first started, but they have been from being able to get our own oil re- Dear Senator HUTCHISON: The efforts of good citizens for our country. They are sources, you are also cutting back on MMS are, indeed, ludicrous. Collectively the national economy is booming and the chief the basis of pension plans and retired our supply of natural gas. That could subject matter is ‘‘tax reduction,’’ not ‘‘roy- people’s security all over our country, be dangerous to our economy and dan- alty increase,’’ which is a cute term for tax and they do create thousands of good gerous to the people who live in our increase. What adds salt to the wound is the jobs. country who depend on natural gas to fact that despite a booming economy from a So I do not think we have to beat up heat their homes. national perspective, the oil industry has not on oil companies. They are part of our I think it is important we put this in been so fortunate and is on hard times. We economy and they are part of the secu- perspective. It is important we look at need to come up with vehicles that will stim- rity of our country. And, oh, by the what we are talking about. Senator ulate this vital part of our economic blood- stream, not further the damage. way, since 1953 they have paid more BOXER said the new rule would only af- than $58 billion for the right to drill on fect 5 percent of the oil companies, and That is signed by Harry Alford, the people’s land—$58 billion in oil roy- it would be just the big oil companies. President and CEO, National Black alty payments. She said she supports small oil compa- Chamber of Commerce. If they did not pay their fair share, I nies. Well, I hope she will, because if Citizens for a Sound Economy: want them to pay their fair share. So she will, she will support the The 1999 Omnibus Appropriations Act in- talking about settlements and lawsuits Hutchison-Domenici amendment be- cluded moratorium language concerning a is not really an issue, even though a cause it is the Hutchison-Domenici final crude oil valuation rule, with the ex- jury of their peers in California did find amendment that will keep our small pectation that the Department of Interior that Exxon had not cheated in any producers in business after the dev- and industry would enter into meaningful way. negotiations in order to resolve their dif- astating effects of low oil prices from ferences. Unfortunately, more time is still That isn’t the issue. The issue is, we the last year. needed for government and industry to reach want them to pay. In order for them to In fact, every single oil company is a mutually beneficial compromise. pay a fair share, they need to be able to affected. There are 2,400 producers with It is signed by Paul Beckner, Presi- know exactly what they owe, and that Federal leases. Only 70 of them are not dent. is why we hope the MMS will simplify classified by the SBA as small busi- the regulation. In fact, the MMS re- nesses. All 2,400 are opposed to this new Citizens Against Government Waste: fuses to even abide by its own previous rule that will require them basically to Passage of this provision in the Interior rulings. So an oil company that is try- pay taxes on their costs. The small oil Appropriations bill will provide the time ing to do the right thing goes to a pre- companies that the Senator said she necessary for the MMS and the industry to reach a fair and workable agreement on the vious ruling on how oil is valued in a would support are very opposed to her rule benefiting both sides. particular place, in a particular way, position. They are for the Hutchison- and the MMS says: No, we are not Domenici amendment because they It is signed by Council Nedd II, Direc- going to be bound by what we did in an- don’t want a new rule that would sec- tor, Government Affairs, Citizens other case. ond-guess sales of oil at the wellhead Against Government Waste. That walks away from the value of and make fuzzy exactly when the oil Frontiers of Freedom: precedent that is the hallmark of our should be valued. They don’t want a In a misleading letter dated July 21, 1999, judicial system and the regulatory sys- new duty to market and incur the costs detractors of the Hutchison-Domenici tem in our country. In most instances, of marketing and selling the product amendment allege it will cost taxpayers, the IRS most certainly abides by its school children, Native Americans and the and bear the cost without any allow- environment. That is not so. It is time to set previous rulings. They give opinion let- ance. They are very concerned about the record straight. This amendment does ters that people can rely on so they can this. not alter the status quo at all. This amend- pay their fair share of taxes. Courts set If Senator BOXER believes that the ment says to Secretary Babbitt, spend no precedents with rulings every day so small oil companies are against the money to finalize a crude oil valuation rule

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10581 until the Congress agrees with your proposed This is nothing short of a backdoor tax via Fred L. Smith, Jr., President, Competi- methodology for defining value for royalty an unlawful, inequitable rulemaking which tive Enterprise Institute. purposes. Secretary Babbitt says is necessary because Al Cors, Jr., Vice President for Govern- That is signed by Grover Norquist, of ‘‘changing oil markets.’’ But, we think his ment Affairs, National Taxpayers President, Americans for Tax Reform; real result and that of his supporters such as Union. Senator Boxer, is to cripple the domestic pe- George Landrith, Executive Director Jim Martin, President, 60 Plus. troleum industry, and drive them to foreign Grover G. Norquist, President, Ameri- for Frontiers of Freedom; Patrick shores and advance their goal of reducing cans for Tax Reform. Burns, Director of Environmental Pol- fossil fuel consumption. This is why they Chuck Cushman, Executive Director, icy, Citizens for a Sound Economy; falsely claim that green eyeshade accounts American Land Rights Association. Fred Smith, President Competitive En- somehow are impacting the environment. Bruce Vincent, President, Alliance for terprise Institute; Al Cors, Jr., Vice The outcry on behalf of schoolchildren is America. President for Government Affairs, Na- particularly hypocritical. Senator Boxer and Adena Cook, Public Lands Director, Blue Rep. George Miller are responsible for a min- tional Taxpayers Union; Jim Martin, Ribbon Coalition. eral leasing law amendment in the 1993 Om- David Ridenour, Vice President, National President, 60 Plus; David Ridenour, Na- nibus Budget Reconciliation Act which re- Center for Public Policy Research. tional Center for Public Policy Re- duces education revenues to the State of search; Adena Cook, Blue Ribbon Coali- California by over $1 million per year—far RIO GRANDE VALLEY PARTNERSHIP, more than the Department’s oil valuation tion; Bruce Vincent, Alliance for Amer- INTERNATIONAL CHAMBER OF COM- rule would add to California’s treasury (ap- ica; Chuck Cushman, American Land MERCE, proximately $150,000 per year as scored by Rights Association; and Malcolm Wal- Weslaco, TX, July 23, 1999. lop, Chairman of Frontiers of Freedom. the Congressional Budget Office). So really, who is harming schoolchildren’s education Hon. KAY BAILEY HUTCHISON, Mr. President, I ask unanimous con- budgets? The oil industry provides millions U.S. Senate, Washington, DC. DEAR SENATOR HUTCHISON: On behalf of the sent that these letters be printed in the and millions of royalty dollars each year for Board of Directors of the Rio Grande Valley RECORD. the U.S. Treasury and for State’s coffers. There being no objection, the letters The ‘‘cheating’’ which Sen. Boxer and oth- Partnership, I want to thank you once again were ordered to be printed in the ers allege is unproven. Reference to settle- for your leadership to prevent the Minerals Management Service on the U.S. Department RECORD, as follows: ments by oil companies as proof of fraud is of Interior from finalizing its new oil royalty FRONTIERS OF FREEDOM improper. When President Clinton settled regulations. Arlington, VA, July 30, 1999. the Paula Jones lawsuit his attorney admon- Until Congress is assured that they will be Re Supporting the Hutchison-Domenici ished Senator Boxer and her fellow jurors to fair, the new regulations must work for gov- Amendment (a Moratorium on the Pro- take no legal inference from that payment. ernment and for producers, and not result in posed Oil Valuation Rule which Prevents We agree. As such, oil company settlements litigation, as the proposed regulations Unauthorized Taxation and Lawmaking cannot be given precedential value. Who can would. Uncertainty and litigation just add by the Department of Interior). fight the government forever when the roy- delays and costs to producers large and Hon. KAY BAILEY HUTCHISON, alty dollars they have paid in are used to small, and to the federal government, and United States Senate, Washington, DC 20510 fund enormous litigation budgets? that can make domestic oil and gas produc- DEAR SENATOR HUTCHISON: We are writing Lastly, two employees of the federal gov- to express our support for the Hutchison- ernment who were integral to the ‘‘futures tion from federal lands less competitive, ad- Domenici amendment to the FY 2000 Appro- market pricing’’ philosophy espoused in the versely affective jobs in Texas and other pro- priations bill. The Hutchison-Domenici Department’s rulemaking have been caught ducing areas and reducing royalty revenues amendment prevents the Department of the accepting $350,000 checks from a private to the federal government. Interior from rewriting laws and assessing group with a stake in the outcome of False Please continue your lead in the fight to additional taxes without the consent of the Claims Act litigation against oil companies. stop the Minerals Management Service from Congress. This role properly rests with the Ironically, the money to pay-off these two making new rules final until they solve the legislative branch, not with unelected bu- individuals for their ‘‘heroic’’ actions while host of problems pointed out by oil pro- reaucrats. working as federal employees came from a ducers, large and small. In a misleading letter dated July 21, 1999, settlement by one oil company. The Project Sincerely, detractors of the Hutchison-Domenici on Governments Oversight (POGO) last fall re- BILL SUMMERS, amendment allege it will cost taxpayers, ceived well over one million dollars as a President/CEO. schoolchildren, native Americans, and the plaintiff in the suit. Shortly thereafter environment.’’ That is not so! It’s time to set POGO quietly ‘‘thanked’’ these public serv- PEOPLE FOR THE USA, the record straight—this amendment does ants for making this bounty possible. The Pueblo, CO, July 27, 1999. not alter the status quo at all. This amend- Public Integrity Section of the Department Hon. KAY BAILEY HUTCHISON, ment says to Secretary Babbitt: Spend no of Justice has an ongoing investigation. We U.S. Senate, Washington, DC. money to finalize a crude oil valuation rule find it unconscionable the Administration DEAR SENATOR HUTCHISON: On behalf of the until the Congress agrees with your proposed seeks to put the valuation rule into place 30,000 grassroots members of People for the methodology for defining value for royalty without getting to the bottom of this bribe USA, I would once again like to thank you purposes. first. The L.A. Times recently drew a par- for your diligent efforts to bring common We contend that a mineral lease is a con- allel with the Teapot Dome scandal of the sense to royalty calculations and payments tract, whether issued by the United States or 1920’s, but who is Albert Fall in this modern on federal oil and gas leases. any other lessor, as such, its terms may not day scandal? In their efforts to balance environmental be unilaterally changed just because a gov- The Department’s rule amounts to unfair protection with economic growth through ernment bureaucrat thinks more money can taxation without the representation which grassroots actions, our members (not just be squeezed from the lesser by redefining the Members of Congress bring by passing laws. those in Texas) always notice and appreciate manner in which the value of production is If Congress chooses to change the mineral strong, common sense leadership such as you established. What royalty amount is due is leasing laws to prospectively modify the have shown. determined by the contracts and statues, and terms of a lease, so be it. It should do so in We support your fight to simplify the cur- nothing else. For seventy-nine years the fed- the proper authorizing process with oppor- rent royalty calculation system. It is al- eral government has lived according to a law tunity for the public to be heard. A federal ready a burden on a struggling domestic oil that established that the government re- judge has recently ruled the EPA has uncon- and gas industry, and the Minerals Manage- ceives value at the well—not downstream stitutionally encroached upon the legisla- ment Service proposal simply adds insult to after incremental value is added. The bu- ture’s lawmaking authority when promul- injury. Royalty calculation is not, as Inte- reaucrats at the Interior Department are in gating air quality rules. We are convinced rior Communications Director Michael effect imposing a value added tax through the Secretary of the Interior, in a similar Gauldin remarked, ‘‘an issue to demagogue the backdoor. manner, is far exceeding his authority uni- for another year.’’ With 52,000 jobs lost in Bureaucrats are saying that value should laterally by assessing a value added tax. just the last year? be measured in downstream markets hun- Let Congress define the law on mineral Worse, Energy Secretary Bill Richardson dreds of miles from one’s lease, or based royalties. We elected Members to do this job, has suggested that domestic oilfield workers upon prices set in futures trading on the New we didn’t elect Bruce Babbitt and a band of look to opportunity overseas. Senator, an York Mercantile Exchange, both of which self-serving bureaucrats. Support the Administration that talks about kicking routinely attribute higher value than exists Hutchison-Domenici amendment. American resource producers out of the at the ‘‘wellhead.’’ If bureaucrats had it Sincerely, country has a badly skewed set of priorities. their way, they would assess a tax all the George C. Landrith, Executive Director, We appreciate what you are doing to way to the gasoline, ignoring the costs asso- Frontiers of Freedom. straighten them out, and will back you up at ciated with bringing oil to that pump. If Patrick Burns, Director of Environ- the grass roots any way we can. Congress intended this, they would have said mental Policy, Citizens for a Sound Again, on behalf of thousands of hard- so in the law. Economy. working American resource producers, thank

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10582 CONGRESSIONAL RECORD — SENATE September 8, 1999 you. If you have any specific suggestions as to strike the provision in the Interior Appro- and we are going to take our jobs with to how we can assist you, feel free to contact priations Bill that delays the implementa- us. me any time. tion of a final crude oil valuation rule, un- So I am not sure that it would be $11 Respectfully, less a resolution between MMS and industry million, or anything at all. My hunch JEFFREY P. HARRIS, can be reached. The Minerals Management is that we are going to lose jobs and we Executive Director. Service (MMS) proposed new oil valuation rules that would eventually raise taxes on are going to lose income, and the NATIONAL BLACK CHAMBER OF producers. The rulemaking effort has in- schoolchildren of this country are COMMERCE volved several revisions to the original pro- going to suffer because the oil business August 5, 1999. posal, but remains ambiguous, unworkable, has not yet recovered from the crisis. Re: MMS Royalties and would create even greater uncertainty Mr. President, on that note, I have to Hon. KAY BAILEY HUTCHISON, and unnecessary litigation. also say that I think it is very impor- Senator, State of Texas, Rm. 284, Senate Russell Passage of this provision in the Interior tant that when we are talking about a Appropriations Bill will provide the time Office Building Washington, DC. proposed rule that hasn’t been put in DEAR SENATOR HUTCHISON: The National necessary for the MMS and the industry to Black Chamber of Commerce has been quite reach a fair and workable agreement on the place and we are already saying how proud of the leadership you have shown on rule, benefiting both sides. The taxpayers much will be missed, clearly, there is the issue of oil royalties and the attempt of have a vested interest in this issue, because no concept of how business can work the Minerals Management Service’s, Depart- the rule proposed by the MMS would lead to and make a profit and continue to cre- ment of Interior, to levy eventual increases an unnecessary administrative burden for ate jobs. So I am concerned that if we on the oil industry. both the government and the private indus- raise this royalty valuation, which is a The efforts of MMS are, indeed, ludicrous. try as auditors, accountants, and lawyers at- tax on the oil industry, at a time when tempt to resolve innumerable disputes over Collectively, the national economy is boom- many of them are on their knees any- ing and the chief subject matter is ‘‘tax re- the correct amounts due. duction’’ not ‘‘royalty increase’’, which is a Please take this opportunity to prevent way, we are not going to have income cute term for tax increase. What adds ‘‘salt the current proposed rule, which benefits no of $11 million, or $60 million, or any- to the wound’’ is the fact that despite a one, from being implemented. We urge you thing else. In fact, I think we are going booming economy from a national perspec- to oppose any amendment to strike the pro- to go into negative income, which is tive, the oil industry has not been so fortu- vision for delay of final valuation rule in the exactly what has happened in Texas in nate and is on hard times. We need to come Interior Appropriations Bill as it reaches the the last year and a half, where schools up with vehicles that will stimulate this floor for debate in the full Senate this week. We wish to thank you for your efforts in have had to shut their doors and close vital part of our economic bloodstream, not down and consolidate classrooms be- further the damage. this matter. Your continued commitment We support your plan to re-offer a one-year and integrity in the promotion of efficiency cause they could not make their budg- extension of the moratorium on the new rule and accountability in the federal govern- et because of the oil income not com- proposed by MMS. We will also support any ment is sincerely appreciated. If I can be of ing in. We lost $150 million just in the efforts you may have to prohibit the new further assistance, please do not hesitate to last year in oil royalty revenue in rule. Good luck in giving it ‘‘the good fight’’. contact me. Texas alone. So this is not the time to Regards, Sincerely, raise rates. HARRY C. ALFORD, COUNCIL NEDD II, Director, Government Affairs & Grassroots. Let’s talk about the kind of taxes. President & CEO. We are talking about fairness. In fact, Mrs. HUTCHISON. Mr. President, I we are talking about what we tax. CITIZENS FOR A SOUND ECONOMY have heard the Senator from California Today, the oil is valued as it comes out Washington, DC, July 27, 1999. throwing around numbers such as this of the ground, after it has been cleaned DEAR SENATOR HUTCHISON: The 250,000 has cost the taxpayers of America $88 grassroots members of Citizens for a Sound up and is ready to be sold. You take million already, or $60 million already. Economy (CSE) ask you to oppose any at- out the contaminants and it is clean And I pointed this out to her. I ask tempts in the Senate to strike the provision and that is where it is valued. But what unanimous consent that the Congres- in the Interior Appropriation bill that delays the Government and MMS are pro- implementation of a final crude oil valuation sional Budget Office estimate be print- posing to do is say, no, we want you to rule. ed in the RECORD. The current royalty system is needlessly There being no objection, the mate- go out and get a buyer for the oil and complex and results in time-consuming dis- rial was ordered to be printed in the incur the cost of buying; and then we agreements and expensive litigation. The want you to put it in a pipeline and RECORD, as follows: Minerals Management Service’s (MMS) new take it to where it is going to be picked oil valuation proposal is, however, deeply FY 2000 INTERIOR AND RELATED AGENCIES—S. 1292, AS up by the buyer, and we are going to flawed and would have the ultimate effect of REPORTED, PROPOSED FLOOR AMENDMENTS value it there. That is taxing the cost. raising taxes on consumers. [Budget account—in millions] The 1999 Omnibus Appropriations Act in- That just doesn’t make sense. That is like saying to McDonald’s, whatever cluded moratorium language concerning a Pending Proposed Difference final crude oil valuation rule with the expec- No. you spend in advertising, we are going tation that the Department of the Interior BA O BA O BA O to tax you that amount. We are going (DOI) and industry would enter into mean- 1603—Hutchinson Oil valu- to tax you on your advertising for ingful negotiations in order to resolve their ation ...... 11 11 11 11 McDonald’s hamburgers. differences. Unfortunately, more time is still Mr. President, that concept will not needed for government and industry is re- Mrs. HUTCHISON. Mr. President, fly. It doesn’t happen in any other in- quired to reach a mutually beneficial com- this shows there would be a proposed dustry. Whenever would the Govern- promise. CSE recognizes this need and opposes any difference in income of $11 million. In ment expect taxes on expenses? It just attempt to halt the moratorium, or curtail addition to putting that in the RECORD, doesn’t make sense. But sometimes I efforts to bring about a simpler, more work- I want to say that we have offset that think people I hear arguing on the Sen- able rule. $11 million. I have to say I think it is ate floor have never been in business. If Thank you for your attention and efforts, ludicrous that you would say we think you have never been in business and and for your continuing leadership in this that in the future you won’t get $11 have never met a payroll, then you important matter. million and, therefore, we need to don’t really understand how hard it is Sincerely, make up that proposed lost revenue for PAUL BECKNER, to make a profit and create new jobs President. a tax that has not even been put in and do right by your employees. I have place. Nevertheless, that was the rul- been in business. I have met a payroll. COUNCIL FOR CITIZENS AGAINST ing we were given, so we did offset with I know how hard it is, especially in a GOVERNMENT WASTE, $11 million. But it is ridiculous to say small business. And when the prices Washington, DC, September 10, 1998. that you have to offset the tax that are $7 or $8 a barrel and the costs are Hon. KAY BAILEY HUTCHISON, hasn’t been put in place because you $14 a barrel, you can’t stay in business United States Senate, Washington, DC. don’t know what businesses are going DEAR SENATOR HUTCHISON: On behalf of the very long. And if you can’t stay in 600,000 members of Council for Citizens to pull up stakes and say: It is too ex- business very long, there are a lot of Against Government Waste, we respectfully pensive to drill with this kind of roy- people and families who don’t have ask you to oppose any efforts in the Senate alty rate. We are going to go overseas jobs; and if you have to lay off people

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10583 who are working at the well, then you lion in the last 40 years in royalty million of taxpayer funds to rehabili- also have to lay off people in the oil rates. They have given a lot back to tate a bathhouse at Hot Springs Na- fields service industry and the oil sup- this country. They have given jobs. tional Park in Arkansas. I question the ply industry because you aren’t going They have paid royalty rates. I want necessity of fixing up a public bath- to need the supplies if you are not them to pay fair royalty rates. I would house when federal school facilities for drilling. And if it is too expensive to never stand up and say they shouldn’t, Indian children are in a deplorable drill in America, you are going to go or if they haven’t that they shouldn’t state of disrepair and ill maintenance. somewhere else, and you are going to be fined. I think they should. But we In a similar fashion, $1 million is ear- create jobs in a foreign country. are talking about people. We are talk- marked to support the Olympic Tree Mr. President, I guess the last thing ing about jobs. We are talking about Program being developed by the Salt I will say in refuting the arguments I the American economy. We are talking Lake Olympic committee. While our heard from the Senator from Illinois about retirement plans that depend on country takes great pride in hosting and the Senator from California is that stable oil companies and the oil indus- the international Olympics events, I it always seems the tack is to say, try. find it difficult to fathom why we well, they don’t really care about this I think fair taxation is the responsi- would expect the American people to issue; they are supporting big oil be- bility of Congress. That is what the accept the expenditure of a million dol- cause big oil has contributed to their Hutchison-Domenici amendment will lars for this purely aesthetic purpose. campaigns. I don’t go around looking assure—fair taxation intended by Con- This bill also continues a disturbing at whether trial lawyers give to other gress. trend of including legislative riders Senators and, therefore, they don’t We will have some more debate on that, if enacted, will make substantive vote for tort reform. I don’t accuse peo- this. I certainly hope in the end my changes to current law and regula- ple of not representing the interests of colleagues will not be susceptible to tions. By using the appropriations their States. Of course, I have oil work- rank demagoguery—to rhetoric that is process as a policy hammer, we are cir- ers in my State. I hope I am supported harsh and not in any way fair. It may cumventing a fair and deliberative leg- by people who work in my State and be fun to ask questions back and forth islative review of the need for such live in my State. But I would not do on the Senate floor indicating that changes. We also shortchange the in- anything that would hurt the people of people’s motives are not the right mo- terested public by eliminating their op- my State. The idea that that is con- tives or are not pure, but that doesn’t portunity for input and participation. I have heard from many interested nected to campaign contributions I add to the debate. It is our responsi- parties who decry the inclusion of rid- just think is cynical, and I don’t think bility to make policy. We are going to ers that will extend grazing permits it adds integrity to the debate. do it. without completion of due environ- You gauge that against a most in- ∑ Mr. MCCAIN. Mr. President, the Inte- mental analyses and a provision that credible statement when you accuse rior Appropriations bill funds critical overturns an administrative legal opin- people who want to keep jobs in Amer- programs that are vital to the protec- ion regarding the amount of land that ica, who want fair pricing, fair taxing, tion of our nation’s land and natural can be used for mining claims. I know and fair payment of taxes—you accuse resources and supports federal pro- that these are important issues in my people of having some kind of other grams for Native Americans, as well as state of Arizona, yet I am precluded motive, and then you pick up a maga- several energy and agriculture pro- from fully representing the interests of zine called Inside Energy and the De- grams. my constituents when legislative riders partment of Interior communications I commend the managers of this bill such as these are attached to an appro- director says on November 2 of 1998, re- for their efforts to keep spending in priations measure that must be passed garding the Hutchison-Domenici this bill within budget limitations as within a very short timeframe with lit- amendment that would require them to required by the Balanced Budget Act of tle to no opportunity to make changes. have a fair valuation: 1997. Unfortunately, I can still find in Just yesterday, the Senate voted to We are sticking to the position we have this bill and the committee report ap- restore Rule XVI which makes floor taken. It gives us an issue to demagog for proximately $216 million in low-pri- amendments of a policy nature out of another year. ority, unauthorized or unrequested order on an appropriations bill. I sup- Mr. President, I think we have heard spending that has not been considered ported restoration of this Rule. Iron- a lot of demagoguery on this issue. I in the normal merit-based review proc- ically, this Rule only applies to floor have heard the most outrageous debate ess. amendments. I believe very strongly and arguments that I have heard on In the usual fashion of appropriations that it should be applied to committee just about any subject on this issue, bills and reports, little explanation is actions where a small minority of the trying to make it seem as if oil compa- provided as to the merit or national Senate can act to include legislative nies that are being sued are somehow priority of various projects receiving riders on an appropriations bill with- connected to whether or not we have a earmarks. We are left to imagine the out even consulting the relevant au- fair royalty valuation, trying to mesh reasons that certain projects, such the thorizing committees. I believe the those issues. That just does not make Bruneau Hot Springs Snail Conserva- Rule should be expanded to cover com- sense. It does not add to the debate. tion Committee or goose-related crop mittee actions. But to have the kind of demagoguery depredation projects in Washington Mr. President, ensuring the protec- that we have heard on the floor and and Oregon, are deserving of a $500,000 tion of our nation’s resources and then to have the Department of the In- earmark each. meeting federal trust obligations to terior admit that what they want is an I am sure these projects are signifi- Native Americans are among our most issue to demagog, I have to say I think cant to the communities that would important duties. With this type of the Los Angeles Times editorial proves benefit from these directed funds. But shameful waste of taxpayer dollars and they did get a demagoguery editorial. I we are unfairly singling out projects of inappropriate legislative mandates on think some of the network television parochial interest, rather than evalu- an appropriations measure, we are be- bought into it. I think there has been ating other more equally deserving traying our responsibility to spend the some very unfair coverage because we projects that could be more significant taxpayers’ dollars responsibly and are talking about Congress standing up to the protection of our land, forest or enact laws and policies that reflect the for its right to tax. If Congress doesn’t energy resources nationwide. best interests of all Americans, rather stand up, who will? Who is accountable Not only do we undermine the value than the special interests of a few. at the Department of the Interior? It is of our legislative process by this type Unfortunately, due to its length, this a matter of fairness. of arbitrary spending, we betray the list of $216 million of earmarks and ob- I am not going to walk away from confidence of the American people who jectionable provisions in S. 1292, and that responsibility. I know what I am rely on our fair and equitable judge- its accompanying Senate report, can- doing is right because I know we can ment to fund those projects of greatest not be printed in the RECORD. However, have fair taxes of royalty. We are talk- need and priority. Instead, we reward the list will be available on my Senate ing about an industry that paid $58 bil- their faith by choosing to provide $1 webpage.∑

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10584 CONGRESSIONAL RECORD — SENATE September 8, 1999 EAST TIMOR work with our allies to have a division ishing its work on this legislation is Mrs. HUTCHISON. Mr. President, be- of responsibility that is fair. wrong. fore I leave, I want to take a moment If we do that, then America will be We had to overcome technical obsta- to also talk about one other issue. able to do what only it can uniquely cles and threatened filibusters to begin That is the issue of what is happening do, and that is the air power that we the juvenile justice conference. It is no in Indonesia. have shown that we have in the last 6 secret that there are those in both bod- All of us have seen atrocities and months. Let us keep our role to re- ies who would prefer no action and no read of atrocities in many parts of the sponding where only we are able to conference to moving forward on the world—most recently in Indonesia keep the peace—in the Middle East, in issues of juvenile violence and crime. where we have seen the people of East Korea, in Japan, and in parts of Eu- Now that we have convened this con- Timor vote for independence, and they rope. Let’s work with our allies for a ference, we should waste no more time were told by the Government of Indo- fair responsibility sharing that will set to get down to business and finish our nesia that vote would be respected. a precedent so that we will all have the work promptly. Now we see bands of militia-type peo- staying power to provide the critical We have seen the kind of swift con- ple that, it is said, could be connected needs in regions as they occur. ference action the Congress is capable with the Indonesian Government going I hope President Clinton will take of doing with the Y2K law that pro- in and committing terrible acts. This is this opportunity to be a leader and to vides special legal protections to busi- a terrible thing. It is horrible. We hate represent the United States and our nesses. That Y2K bill was passed by the to see it. national security issues and our na- Senate almost a month after the I think there are many things that tional security stability. If he will do HATCH-LEAHY juvenile justice bill, on can be done. that, I think you will begin to see a June 16th, but was sent to conference, First and foremost, we must call on foreign policy that will evolve with all worked out, and sent to the President’s Indonesia to do what they said they of our allies sharing and keeping all of desk within two short weeks. That bill would do and respect the right of the us strong by not overburdening any one is already law. The example set by the people of East Timor in their independ- of us to the detriment of all. Y2K legislation shows that if we have ence. Thank you, Mr. President. the will, there is a way to get legisla- I also think we should be supportive I yield the floor. I suggest the ab- tion done and done quickly. Those of us serving on the conference of those who are volunteering to go sence of a quorum. and many who are not on the con- over there if necessary. This is where I The PRESIDING OFFICER. The ference have worked on versions of this think we can show some leadership clerk will call the roll. legislation for several years now. We from the United States. I would call on The legislative assistant proceeded the President to do that. That is not to spent two weeks on the Senate floor in to call the roll. all of a sudden start talking about May considering almost 50 amend- Mr. BROWNBACK. Madam President, sending American troops into East ments to S. 254, the Senate juvenile I ask unanimous consent that the order Timor. justice bill, and making many improve- for the quorum call be rescinded. I think by beginning to start ban- ments to the underlying bill. We The PRESIDING OFFICER (Mrs. dying that around, all of a sudden you worked hard in the Senate for a strong HUTCHISON). Without objection, it is so are going to start seeing people depend bipartisan juvenile justice bill, and we ordered. on American troops. I don’t think we should take this opportunity to cut have to start talking about American f through our remaining partisan dif- troops in East Timor. I think it would MORNING BUSINESS ferences to make a difference in the be harmful if we did that because of the Mr. BROWNBACK. Madam President, lives of our children and families. vast commitment we have in the Bal- I appreciate that one of the most I ask unanimous consent that the Sen- kans right now as well as the DMZ in contentious issues in this conference is ate now proceed to a period of morning Korea, as well as in Japan, as well as in guns, even though sensible gun control business with Senators permitted to Europe, and other places in the world. proposals are just a small part of the No one would ever walk away from speak for up to 10 minutes each. comprehensive legislation we are con- the responsibility that America must The PRESIDING OFFICER. Without sidering. The question that the major- shoulder as a superpower. But Aus- objection, it is so ordered. ity in Congress must answer is what tralia has stepped up to the line to try f are they willing to do to protect chil- to help bring an end to the chaos that JUVENILE JUSTICE CONFERENCE dren from gun violence? I hope is temporarily erupting in East A report released two months ago on Mr. LEAHY. Mr. President, so far, we Timor. I think we should help them do juvenile violence by the Justice De- have had one meeting of a conference that by offering logistical support but partment concludes that, ‘‘data . . . in- to resolve differences in the Senate and letting people volunteer. dicate that guns play a major role in House passed juvenile justice bills. I This is a time when we can look at juvenile violence.’’ We need to do more commented at that conference meet- the areas of the world that have re- to keep guns out of the hands of chil- ing, on August 5, 1999, about how unfor- gional conflicts, and we can let the so- dren who do not know how to use them tunate it was that the leadership in the phisticated countries that have quality or plan to use them to hurt others. military operations be the main part of Congress delayed action on the con- Law enforcement officers in this a force in those areas. ference all summer. In fact, the con- country need help in keeping guns out In fact, it appears that Australia, ference met less than 24 hours before of the hands of people who should not New Zealand, and many others are vol- the Congress adjourned for its long Au- have them. I am not talking about peo- unteering to take this policekeeping gust recess. ple who use guns for hunting or for mission. I think it would be wise for us Unfortunately, we did not conclude sport, but about criminals and unsu- to let them do that. Let them take our work but left this conference and pervised children. An editorial that ap- that responsibility and offer our important work on the juvenile justice peared today in the Rutland Daily Her- logistical help if they need it. But legislation to languish for the last five ald summed up the dilemma in this ju- don’t start bandying about the possi- weeks of the summer. venile justice conference for the major- bility of U.S. troops going in on the Due to the delays in convening this ity: conference and then its abrupt adjourn- ground when our troops are stretched Republicans in Congress have tried to fol- so thin—when we have had the worst ment before completing its work, we low the line of the National Rifle Associa- recruiting year and the worst retention knew before our August recess that the tion. It will be interesting to see if they can year since the early 1970s because our programs to enhance school safety and hold that line when the Nation’s crime fight- troops are in mission fatigue. They are protect our children and families called ers let them know that fighting crime also not able to stay in top training because for in this legislation would not be in means fighting guns. they are stretched so thin. place before school began. Every parent, teacher and student in I hope the President will take this The fact that American children are this country was concerned this sum- opportunity to set a U.S. policy and to starting school without Congress fin- mer about school violence over the last

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10585 two years and worried about when the lion, six hundred fifty-four billion, five rate has been below 5 percent for 22 next shooting may occur. They only hundred twenty-six million, seven hun- months in a row—the lowest sustained hope it does not happen at their school dred eighteen thousand, two hundred unemployment rate in 29 years. or involve their children. This an unac- forty-four dollars and eighty-seven After adjusting for inflation, wages ceptable and intolerable situation. cents). have increased almost 2.7 percent in We all recognize that there is no sin- Five years ago, September 7, 1994, the 1998—that is the fastest real wage gle cause and no single legislative solu- Federal debt stood at $4,683,504,000,000 growth in more than two decades and tion that will cure the ill of youth vio- (Four trillion, six hundred eighty-three the third year in a row—the longest lence in our schools or in our streets. billion, five hundred four million). sustained growth since the early 1970s. But we have an opportunity before us Ten years ago, September 7, 1989, the Inflation is the lowest since the 1950s. to do our part. We should seize this op- Federal debt stood at $2,861,363,000,000 In fact, inflation was at 1.4 percent for portunity to act on balanced, effective (Two trillion, eight hundred sixty-one the beginning of 1999. juvenile justice legislation, and meas- billion, three hundred sixty-three mil- I think the greatest tribute to Sec- ures to keep guns out of the hands of lion). retary Rubin has been the reaction of children and away from criminals. I Fifteen years ago, September 7, 1984, the financial markets to his departure. hope we get to work soon and finish the Federal debt stood at Our financial markets have responded what we started in the juvenile justice $1,572,266,000,000 (One trillion, five hun- with continued stable growth. Inves- conference. We are already tardy. dred seventy-two billion, two hundred tors, both domestic and abroad, under- stand that the only way that Bob f sixty-six million) which reflects a debt increase of more than $4 trillion— Rubin would consent to leave his post DR. PAUL VAN de WATER $4,082,260,718,244.87 (Four trillion, is if he felt that the U.S. economy was Mr. DOMENICI. Mr. President, I eighty-two billion, two hundred sixty healthy and heading in the right direc- would like to take a moment to talk million, seven hundred eighteen thou- tion. about someone who has provided in- sand, two hundred forty-four dollars While I am saddened with Secretary valuable assistance to me and the and eighty-seven cents) during the past Rubin’s departure, I can think of no better replacement to fill the top post Budget Committees over the years—Dr. 15 years. at Treasury than Larry Summers. I be- Paul Van de Water, the Assistant Di- f rector for Budget Analysis of the Con- lieve that it is critical that there be a gressional Budget Office. Dr. Van de ROBERT RUBIN smooth transition from one Treasury Water is leaving the Congressional Mr. DODD. Mr. President, I rise Secretary to another. Secretary Sum- Budget Office this week, after 18 years today to pay tribute to Secretary of mers’ leadership will provide a seam- of distinguished service to the Con- the Treasury Robert Rubin. Sworn in less transition and continuity to en- gress, the budget process, and the on January 10, 1995, as the 70th Sec- sure stability in our financial markets. Secretary Summers’ extensive aca- American public. He will become the retary of the Treasury, Bob Rubin re- demic expertise and tenure as Deputy Senior Advisor to the Deputy Commis- signed earlier this month. Treasury Secretary make him an in- Prior to serving in the administra- sioner for Policy at the Social Security valuable addition to the Cabinet. I am tion, Secretary Rubin spent 26 years at Administration. confident of his leadership ability and Paul Van de Water came to CBO in Goldman, Sachs, & Co., starting as an a strong believer that he will make an associate and leaving as co-chairman 1981, the same year I assumed Chair- excellent Secretary of the Treasury. manship of the Senate Budget Com- and co-senior partner. We have had few Bob Rubin has represented the best mittee. For years he headed the Projec- Secretaries of the Treasury who have in public service, and our nation truly tions Unit—doing the bread and butter brought such knowledge and expertise owes him a debt of gratitude. His tire- work involved with producing Congres- to the job. less leadership helped put our fiscal sional budgets. Without CBO, I could His tenure as Secretary was marked house in order, but—just as impor- not have done my job, and Paul con- by a steady, even-handed approach to tant—helped forge a strong and vibrant tributed mightily to almost every CBO economic policy in this country. He economy that has created jobs and eco- analysis we needed. He has served over served in a critical time in our Na- nomic opportunity for millions of and above the call of duty, spending tion’s history. On his watch, the United Americans. With his impressive finan- nights and weekends working on our States has dramatically increased its cial expertise and background, he two Budget Committees’ requests. I am role as a leader in the global market- uniquely understood that government sure he will never forget the two weeks place. The past 4 years have been and business could work together so spent at Andrews Air Force Base dur- marked by turbulent economic times, that everyone could benefit from eco- ing the 1990 Budget Summit. We will and with his leadership we have weath- nomic expansion. And though he not soon forget his sharp analytical ered numerous international financial fought to make our nation a leader in skills, his appreciation of Congres- storms, including the Asian financial the global marketplace—Bob Rubin ul- sional demands, and the institutional crisis, the Mexico peso devaluation, timately understood the most impor- consistency he has provided CBO over and the ongoing economic turmoil of tant street in our nation was not just the last 18 years. Dr. Van de Water has the former Soviet Union. Wall Street, but Main Street. truly been an exceptional public serv- Under Secretary Rubin’s leadership, America is better off today because ant. we have maintained fiscal discipline. In of Bob Rubin. I know I am speaking for all Mem- 1992, the budget deficit was $290 billion, I would like to thank him for his bers who have ever served on the Budg- the largest dollar deficit on record. service to our nation and wish him all et Committees of the House and Sen- Last year, the budget surplus was near- the best in his next endeavor. I would ate, and all our staff, when I express ly $70 billion, the largest dollar surplus also like to congratulate Secretary our gratitude to Paul for his contribu- on record. Summers on his new position. I am tions to this Congressional budget Under Secretary Rubin, we have had confident of his success and I look for- process. I join everyone in congratu- a robust economy with strong job cre- ward to continuing to work with him. ation, inflation virtually nonexistent, lating him on his service to the coun- f try and wishing him luck in his future and unemployment at its lowest rate in work at the Social Security Adminis- 29 years. His economic accomplish- THE 40TH ANNIVERSARY OF tration. ments are staggering. HAWAII’S STATEHOOD f Over the past 4 years, 18.4 million Mr. INOUYE. Mr. President, on Au- new jobs have been created. Also, the gust 21, 1999, the State of Hawaii cele- THE VERY BAD DEBT BOXSCORE unemployment rate was 4.3 percent in brated its 40th anniversary as the 50th Mr. HELMS. Mr. President, at the April 1999, which is the lowest in 29 State of this great Nation. close of business yesterday, Tuesday, years. At the time of Secretary Rubin’s Statehood for Hawaii was not a sud- September 7, 1999, the Federal debt start in 1992, unemployment was at 7.5 den or impulsive idea. During the de- stood at $5,654,526,718,244.87 (Five tril- percent. In fact, the unemployment bate on statehood for Hawaii in the

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10586 CONGRESSIONAL RECORD — SENATE September 8, 1999 House of Representatives in March pristine beaches and warm tropical morials which symbolize the beginning 1959, there were no fewer than 88 bills waters, Hawaii’s attraction lies in its and end of World War II, and pay trib- pending that would have, if enacted, green space. Without agricultural pro- ute to the many brave men and women admitted Hawaii as a State. The people duction, much of this lush green envi- who have their lives for our nation. Ha- of Hawaii, through our territorial leg- ronment, many come to expect of Ha- waii has been bestowed with this high islature, had petitioned the Congress waii, would be lost. honor of stewardship that we will for statehood on 17 different occasions. With sugar’s downsizing, Hawaii is proudly uphold. Back in the fifties, times were very taking advantage of an opportunity Tripler Army Medical Center is a different. In those days, the concept of that has been available in the islands leader in medical care, medical edu- statehood for a group of tiny islands in in 150 years, that is, agricultural land cation, and research. It has also earned the middle of the Pacific Ocean seemed is available in large quantities. The national recognition for its work in far-fetched to many. However, the ad- State is now taking an unobstructed telehealth technology applications, mission of Alaska removed the doubts look at agriculture in its broadest most appropriately called AKAMAI of those who felt the United States sense. Beyond traditional products, Ha- which in Hawaiian means ‘‘brilliant or should be one contiguous land mass. waii and its year-round growing capa- smart.’’ The state-of-the-art Spark M. After nearly 40 years of Congres- bility is ripe for development of high Matsunaga Veterans Medical Center sional debates, investigations, hear- value products like herbal dietary sup- will open in early 2000 at Tripler, and ings, and visitations, we achieved what plements, cosmetics, ethical drugs, the two agencies have worked collabo- so many of us in the Territory of Ha- specialized fruits and vegetables, and ratively to integrate services and infor- waii deeply desired. The State of Ha- natural industrial products. There is mation systems, providing both active waii has come a long way since 1959 also potential for agriculture as a serv- duty personnel and veterans with the and I am very proud of the achieve- ice industry in the areas of bioremedi- best medical care available anywhere. ments of the people of Hawaii. I believe ation of contaminants, carbon seques- We are also very proud of the Center of Hawaii has proven to be a credit to our tering forest production, seed testing Excellence in Disaster Management Nation. I would like to take this oppor- and propagation for use worldwide, and and Humanitarian Assistance, a mili- tunity to give my colleagues some in- development of innovative pest man- tary-civilian partnership that facili- sight into the tremendous changes that agement strategies. tates joint disaster response operations have taken place in the 50th State over The State of Hawaii has become a through research, education, and infor- the past 40 years. world class player in the science and mation management. Hawaii has the reputation of being technology arena. Manua Kea, on the It is clear that none of the concerns the ‘‘Health State,’’ and that reputa- Island of Hawaii, is known internation- expressed in those years preceding tion is well deserved. We lead the Na- ally as the best site for optical, infra- statehood have become reality. Hawaii tion in providing access to health care red, and millimeter/submillimeter as- did not fall to communism. Hawaii’s with more than 96 percent of the Ha- tronomy. It is the chosen site for all distance has not diminished the waii population having health insur- four of the new generation of 8- or 10- strength of the United States, but in ance. Hawaii leads the Nation with the meter class telescopes now under con- fact has enhanced its military and eco- lowest number of deaths from breast struction in the Northern Hemisphere. nomic power into the Asia-Pacific re- cancer, and ranks second in the Nation The observatories include: the Gemini gion. Further, Hawaii remains one of for the lowest number of deaths due to project, the Keck Observatory, Canada- the greatest examples of a multiethnic all cancers, heart disease, and diabetes. France-Hawaii, the Joint Astronomy society living in relative peace. I have had the privilege of serving Our territory of 600,000 American Center, Subaru, Smithsonian, and the the people of Hawaii in the U.S. Con- citizens in 1959 has more than doubled California Institute of Technology. in 40 years. No territory, with the ex- gress since statehood. Over these years, Eight nations are represented atop the people of Hawaii have proven their ception of Oklahoma, ever possessed a Manua Kea with the United States’ population as large as Hawaii’s at the unfailing loyalty and devotion to presence most prominent. America’s ideals. Hawaii’s achieve- time it sought statehood in the Union. The Maui Research and Technology ments are a testament to our desire to Consider these facts. In 1959, Hawaii Park is fast earning a reputation as continually share the best of who we contributed into the U.S. Treasury $166 one of the world’s most sophisticated are and what we have to offer our fel- million in taxes, putting Hawaii ahead high technology centers. MRTP is of 10 States in taxpayer contributions. low Americans. home to the Maui High Performance So, as we celebrate 40 years of state- The per capita income of Hawaii was Computing Center, the newest of 12 na- hood, Hawaii looks toward the new $1,821, ranking it 25th amongst the tional supercomputing resource cen- millennium with pride, dignity and the States, and the total income was more ters. hope for an even brighter future. than in eight States. Current per cap- The University of Hawaii’s successful ita income is more than 14 times that cloning of three generations of mice f original amount, ranking Hawaii 15th from adult cells stunned the inter- EXPLANATION OF ABSENCE amongst the States. Further, last year national scientific community and has Mr. DODD. Mr. President, on Friday, the people of Hawaii contributed $2.7 brought significant prestige and atten- July 16, 1999, I was necessarily absent billion to Federal coffers in the form of tion to the University and the State. during Senate action on rollcall vote taxes. Forty years ago, when the Members No. 211, a motion to invoke cloture on In 1959, sugar was king; 974,000 tons of of Congress debated the suitability of Amendment No. 297, a Lott amendment sugar were produced in Hawaii. Though Hawaii as a state, questions were in the nature of a substitute to S. 557, sugar is no longer king in Hawaii, agri- raised about our Americanism. During an original bill to provide guidance for cultural has and continues to be a sig- World War II, the loyalty and patriot- the designation of emergencies as a nificant contributor to the state’s ism of Americans of Japanese ancestry part of the budget process. economy providing nearly $3 billion in living in Hawaii were called into ques- Had I been present for the vote, I sales and more than 40,000 jobs. Sugar tion. When we finally received the call would have voted against cloture. remains an important crop and pine- to duty in early 1943, 1,500 Hawaii vol- f apple production has been stable for unteers were sought by the U.S. Army. many years. Additionally, diversified In less than a week, 15,000 had volun- RENOMINATION OF CHAIRMAN agriculture, including flowers, fruits, teered, and Hawaii was not yet a State. LINDA J. MORGAN TO THE SUR- vegetables, macadamia nuts, coffee, We continue our strong commitment FACE TRANSPORTATION BOARD and livestock, is a very bright spot in to military service. Hawaii is home to Mr. HOLLINGS. Mr. President, I rise our State’s economy. It is one of the all the services, and we continue to today to applaud the renomination by few economic sectors experiencing demonstrate our support for our na- the President of Linda J. Morgan to growth. In 1987, diversified crops sur- tion’s military as a member of our Ha- another term with the Surface Trans- passed sugar in farm fate value in Ha- waii community. We are home to the portation Board, and his express inten- waii and never looked back. After its USS Missouri and the USS Arizona me- tion to re-designate her as Chairman.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10587 Linda Morgan, who was with us on the ending September 30, 2000, and for other pur- ation of the Senate bill and the House Commerce Committee for several poses. amendment, and modifications com- H.R. 2565. An act to clarify the quorum re- years, has been Chairman of the Board mitted to conference: Mr. SHUSTER, Mr. quirement for the Board of Directors of the and its predecessor, the Interstate YOUNG of Alaska, Mr. PETRI, Mr. DUN- Export-Import Bank of the United States. Commerce Commission, since 1995. S. 606. An act for the relief of Global Explo- CAN, Mr. EWING, Mr. HORN, Mr. QUINN, Many times before, I have publicly ration and Development Corporation, Kerr- Mr. EHLERS, Mr. BASS, Mr. PEASE, Mr. praised the outstanding job she has McGee Corporation, and Kerr-McGee Chem- SWEENEY, Mr. OBERSTAR, Mr. RAHALL, done in steering the Board and the ical, LLC (successor to Kerr-McGee Chemical Mr. LIPINSKI, Mr. DEFAZIO, Mr. COS- transportation sector through some Corporation), and for other purposes. TELLO, Ms. DANNER, Ms. EDDIE BERNICE very rough seas. Her intellect, knowl- S. 1543. An act to amend the Agricultural JOHNSON of Texas, Ms. MILLENDER- Adjustment Act of 1938 to release and pro- edge, competence and experience con- MCDONALD, and Mr. BOSWELL. tect the release of tobacco production and tinue to be indispensable to the resolu- marketing information. From the Committee on the Budget, tion of the many issues that confront S. 1546. An act to amend the International for consideration of titles IX and X of this key segment of the economy. And Religious Freedom Act of 1998 to provide ad- the House amendment, and modifica- she has exhibited the kind of integrity, ditional administrative authorities to the tions committed to conference: Mr. fairness, spirit, and work ethic that are United States Commission on International CHAMBLISS, Mr. SHAYS, and Mr. essential to the proper exercise of the Religious Freedom, and to make technical SPRATT. Board’s important adjudicative func- corrections to that Act, and for other pur- From the Committee on Ways and tions. poses. Means, for consideration of title XI of With this reappointment, the Senate Under the authority of the order of the House amendment, and modifica- has the opportunity to approve a first- the Senate of January 7, 1999, the en- tions committed to conference: Mr. rate leader and public servant—one of rolled bills were signed, during the ad- NUSSLE, Mr. HULSHOF, and Mr. RANGEL. journment of the Senate, by the Presi- the best and brightest. I know that I f will have the cooperation of all of my dent pro tempore (Mr. THURMOND). MEASURES REFERRED colleagues on the Commerce Com- f The following bill was read the first mittee and in the full Senate in expedi- MESSAGES FROM THE HOUSE RE- and second times by unanimous con- tiously moving this outstanding nomi- CEIVED DURING ADJOURN- sent and referred as indicated: nation through to confirmation. MENT—AUGUST 12, 1999 f H.R. 2724. An act to make technical correc- ENROLLED BILL SIGNED tions to the Water Resources Development MESSAGES FROM THE PRESIDENT Under the authority of the order of Act of 1999; to the Committee on Environ- Messages from the President of the the Senate of January 7, 1999, the Sec- ment and Public Works. United States were communicated to retary of the Senate, on August 12, f 1999, during the adjournment of the the Senate by Mr. Williams, one of his ENROLLED BILLS PRESENTED secretaries. Senate, received a message from the The Secretary of the Senate reported EXECUTIVE MESSAGES REFERRED House of Representatives announcing that on August 11, 1999, he had pre- As in executive session the Presiding that the Speaker has signed the fol- lowing enrolled bill: sented to the President of the United Officer laid before the Senate messages States, the following enrolled bills: from the President of the United S. 507. An act to provide for the conserva- States submitting two treaties and tion and development of water and related S. 606. An act for the relief of Global Explo- ration and Development Corporation, Kerr- sundry nominations which were re- resources, to authorize the United States Army Corps of Engineers to construct var- McGee Corporation, and Kerr-McGee Chem- ferred to the appropriate committees. ious projects for improvements to rivers and ical, LLC (successor to Kerr-McGee Chemical (The nominations received today are harbors of the United States, and for other Corporation), and for other purposes. printed at the end of the Senate pro- purposes. S. 1543. An act to amend the Agricultural ceedings.) Under the authority of the order of Adjustment Act of 1938 to release and pro- tect the release of tobacco production and f the Senate of January 7, 1999, the en- marketing information. MESSAGES FROM THE HOUSE RE- rolled bill was signed, during the ad- S. 1546. An act to amend the International CEIVED DURING ADJOURN- journment of the Senate, by the Presi- Religious Freedom Act of 1998 to provide ad- MENT—AUGUST 11, 1999 dent pro tempore (Mr. THURMOND). ditional administrative authorities to the f United States Commission on International ENROLLED BILLS SIGNED Religious Freedom, and to make technical Under the authority of the order of MESSAGES FROM THE HOUSE corrections to that Act, and for other pur- the Senate of January 7, 1999, the Sec- At 12:13 p.m., a message from the poses. retary of the Senate, on August 11, House of Representatives, delivered by The Secretary of the Senate reported 1999, during the adjournment of the Mr. Hanrahan, one of its reading that on August 12, 1999, he had pre- Senate, received a message from the clerks, announced that the House has sented to the President of the United House of Representatives announcing passed the following bills, in which it States, the following enrolled bill: that the Speaker has signed the fol- requests the concurrence of the Senate: S. 507. An act to provide for the conserva- lowing enrolled bills: H.R. 2670. An act making appropriations tion and development of water and related H.R. 211. An act to designate the Federal for the Departments of Commerce, Justice, resources, to authorize the United States building and United States courthouse lo- and State, the Judiciary, and related agen- Army Corps of Engineers to construct var- cated at 920 West Riverdale Avenue in Spo- cies for the fiscal year ending September 30, ious projects for improvements to rivers and kane, Washington as the ‘‘Thomas S. Foley 2000, and for other purposes. harbors of the United States, and for other United States Courthouse’’, and the plaza at H.R. 2724. An act to make technical correc- purposes. the south entrance of such building and tions of the Water Resources Development f courthouse as the ‘‘Walter F. Horan Plaza’’. Act of 1999. EXECUTIVE AND OTHER H.R. 1219. An act to amend the Miller Act, The messages also announced that relating to payment protections for persons COMMUNICATIONS the House insists upon its amendments providing labor and materials for Federal The following communications were construction projects. to the bill (S. 1467) to extend the fund- H.R. 1568. An act to provide technical, fi- ing levels for aviation programs for 60 laid before the Senate, together with nancial, and procurement assistance to vet- days, and asks a conference with the accompanying papers, reports, and doc- eran owned small business, and for other Senate on the disagreeing votes of the uments, which were referred as indi- purposes. two Houses thereon; and appoints the cated: H.R. 1664. An act providing authority for following Members as the managers of EC–4595. A communication from the Com- guarantees of loans to qualified steel and missioner, Bureau of Reclamation, Depart- iron ore companies and to qualified oil and the conference on the part of the ment of the Interior, transmitting, a draft of gas companies, and for other purposes. House: proposed legislation relative to the Bureau’s H.R. 1905. An act making appropriations From the Committee on Transpor- dam safety program; to the Committee on for the Legislative Branch for the fiscal year tation and Infrastructure, for consider- Energy and Natural Resources.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10588 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4596. A communication from the Sec- Office of Sustainable Fisheries, National Ma- 0004), received August 2, 1999; to the Com- retary of Agriculture, transmitting, a draft rine Fisheries Service, Department of Com- mittee on Commerce, Science, and Transpor- of proposed legislation relative to edu- merce, transmitting, pursuant to law, the re- tation. cational assistance, technical assistance, port of a rule entitled ‘‘Final Rule to Imple- EC–4613. A communication from the Chief, and research services to nonagricultural co- ment the Application and Transfer Process Office of Regulations and Administrative operatives of rural residents; to the Com- for the License Limitation Limitation Pro- Law, U.S. Coast Guard, Department of mittee on Agriculture, Nutrition, and For- gram for the Groundfish and Crab Fisheries Transportation, transmitting, pursuant to estry. Off Alaska’’ (RIN0648–AK69), received August law, the report of a rule entitled ‘‘Draw- EC–4597. A communication from the Sec- 3, 1999; to the Committee on Commerce, bridge Regulations; Tennessee River, TN retary of Health and Human Services, trans- Science, and Transportation. (CGD08–99–047)’’ (RIN2115–AE47) (1999–0034), mitting, a draft of proposed legislation rel- EC–4606. A communication from the Spe- received August 2, 1999; to the Committee on ative to the Refugee and Entrant Assistance cial Assistant to the Bureau Chief, Mass Commerce, Science, and Transportation. Program; to the Committee on the Judici- Media Bureau, Federal Communications EC–4614. A communication from the Chief, ary. Commission, transmitting, pursuant to law, Office of Regulations and Administrative EC–4598. A communication from the Attor- the report of a rule entitled ‘‘Amendment of Law, U.S. Coast Guard, Department of ney, National Highway Traffic Safety Ad- Section 73.606(b) of the Commission’s Rules, Transportation, transmitting, pursuant to ministration, Department of Transportation, Table of Allotments, Television Broadcast law, the report of a rule entitled ‘‘Draw- transmitting, pursuant to law, the report of Stations and Section 73.622(b), Table of Al- bridge Regulations; Sacramento River, Cali- a rule entitled ‘‘Motor Vehicle Content La- lotments, Digital Television Broadcast Sta- fornia Department of Transportation High- beling Calculation’’ (RIN2127–AH33), received tions (Buffalo, New York)’’ (MM Docket No. way Bridge at Mile 90.1 at Knights Landing, July 29, 1999; to the Committee on Com- 98–175), received August 2, 1999; to the Com- Between Sutter and Yolo Counties (CGD11– merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- 99–012)’’ (RIN2115–AE47) (1999–0035), received EC–4599. A communication from the Chair- tation. August 2, 1999; to the Committee on Com- man, Federal Maritime Commission, trans- EC–4607. A communication from the Spe- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule cial Assistant to the Bureau Chief, Mass EC–4615. A communication from the Chief, entitled ‘‘Termination of Dial-Up Service Media Bureau, Federal Communications Office of Regulations and Administrative Contract Filing System’’ (FMC Docket No. Commission, transmitting, pursuant to law, Law, U.S. Coast Guard, Department of 99–12), received July 29, 1999; to the Com- the report of a rule entitled ‘‘Amendment of Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- Section 73.202(b), Table of FM Allotments, law, the report of a rule entitled ‘‘Regatta tation. FM Broadcast Stations; Castle Dale, Hun- Regulations; SLR; National Youth Con- EC–4600. A communication from the Asso- tington, Hurricane, Mona Monticello and ference Air Show Ohio River Mile 602.0–605.0; ciate Bureau Chief, Wireless Telecommuni- Wellington, Utah; Groveland and Lovelady, Louisville, KY(CGD08–99–046)’’ (RIN2115– cation Bureau, Federal Communications Texas; Midland, Maryland’’ (MM Docket Nos. AE46) (1999–0031), received August 2, 1999; to Commission, transmitting, pursuant to law, 99–124, 125, 126, 128, 129, 130, 132, 135 and 138), the Committee on Commerce, Science, and the report of a rule entitled ‘‘Second Report received August 2, 1999; to the Committee on Transportation. and Order—Revision of the Commission’s Commerce, Science, and Transportation. EC–4616. A communication from the Chief, Rules To Ensure Compatibility with En- EC–4608. A communication from the Spe- Office of Regulations and Administrative hanced 911 Emergency Calling Systems’’ cial Assistant to the Bureau Chief, Mass Law, U.S. Coast Guard, Department of (FCC 99–96, CC Docket No. 94–102), received Media Bureau, Federal Communications Transportation, transmitting, pursuant to July 28, 1999; to the Committee on Com- Commission, transmitting, pursuant to law, law, the report of a rule entitled ‘‘Regatta merce, Science, and Transportation. the report of a rule entitled ‘‘Amendment of Regulations; SLR; Aurora APR Powerboat EC–4601. A communication from the Dep- Section 73.202(b) , Table of Allotments, FM Races Ohio River Mile 496.5–498.5; Aurora, IN uty Chief, Industry Analysis Division, Com- Broadcast Stations; Narrowsburg, NY, Allen, (CGD08–99–048)’’ (RIN2115–AE46) (1999–0030), mon Carrier Bureau, Federal Communica- NE, Overton, NV, Wells, NV, and Caliente, received August 2, 1999; to the Committee on tions Commission, transmitting, pursuant to NV’’ (MM Docket Nos. 99–43, 99–82, 99–85, 99– Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘1998 Bien- 88, 99–89), received August 2, 1999; to the EC–4617. A communication from the Asso- nial Regulatory Review—Streamlined Con- Committee on Commerce, Science, and ciate Chief, International Bureau, Telecom tributor Reporting Requirements Associated Transportation. Division, Federal Communications Commis- with Administration of Telecommunications EC–4609. A communication from the Spe- sion, transmitting, pursuant to law, the re- Relay Services, North American Numbering cial Assistant to the Bureau Chief, Mass port of a rule entitled ‘‘In the Matter of 1998 Plan, Local Number Portability, and Uni- Media Bureau, Federal Communications Biennial Review—Review of Accounts Settle- versal Service Support Mechanisms’’ (FCC Commission, transmitting, pursuant to law, ment in the Maritime Mobile and Maritime 99–175, CC Docket No. 98–171), received July the report of a rule entitled ‘‘Amendment of Mobile-Satellite Services and Withdrawal of 28, 1999; to the Committee on Commerce, Section 73.202(b), Table of Allotments, FM the Commission as an Accounting Authority Science, and Transportation. Broadcast Stations; DeRidder, Louisiana’’ in the Maritime Mobile-Satellite Radion EC–4602. A communication from the Acting (MM Docket No. 99–209; RM–9406), received Services’’ (IB Docket No. 98–96, FCC 99–150), Director, Office of Sustainable Fisheries, Na- August 2, 1999; to the Committee on Com- received August 5, 1999; to the Committee on tional Marine Fisheries Service, Department merce, Science, and Transportation. Commerce, Science, and Transportation. of Commerce, transmitting, pursuant to law, EC–4610. A communication from the Assist- EC–4618. A communication from the Legal the report of a rule entitled ‘‘Fisheries of the ant Administrator for Fisheries, National Technician, National Highway Traffic Safety Exclusive Economic Zone Off Alaska; Pacific Marine Fisheries Service, Department of Administration, Department of Transpor- Ocean Perch in the Western Aleutian Dis- Commerce, transmitting, pursuant to law, tation, transmitting, pursuant to law, the re- trict of the Bering Sea and Aleutian Is- the report of a rule entitled ‘‘Atlantic Highly port of a rule entitled ‘‘Uniform Procedures lands’’, received August 2, 1999; to the Com- Migratory Species (HMS) Fisheries; Fishery for State Highway Safety Programs’’ mittee on Commerce, Science, and Transpor- Management Plan (FMP), Plan Amendment, (RIN2127–AH53), received August 5, 1999; to tation. and Consolidation of Regulations, Technical the Committee on Commerce, Science, and EC–4603. A communication from the Acting Amendment’’ (RIN0648–AJ67) (I.D.052699A), Transportation. Director, Office of Sustainable Fisheries, Na- received August 2, 1999; to the Committee on EC–4619. A communication from the Legal tional Marine Fisheries Service, Department Commerce, Science, and Transportation. Technician, National Highway Traffic Safety of Commerce, transmitting, pursuant to law, EC–4611. A communication from the Assist- Administration, Department of Transpor- the report of a rule entitled ‘‘Fisheries of the ant Administrator for Fisheries, National tation, transmitting, pursuant to law, the re- Exclusive Economic Zone Off Alaska; Pacific Marine Fisheries Service, Department of port of a rule entitled ‘‘State Incentives to Ocean Perch in the Central Aleutian District Commerce, transmitting, pursuant to law, Prevent Operation of Motor Vehicles by In- of the Bering Sea and Aleutian Islands’’, re- the report of a rule entitled ‘‘Final Rule to toxicated Persons’’ (RIN2127–AH39), received ceived August 2, 1999; to the Committee on Implement Framework Adjustment 30 and August 5, 1999; to the Committee on Com- Commerce, Science, and Transportation. Correct Framework Adjustment 27 to the merce, Science, and Transportation. EC–4604. A communication from the Dep- Northeast Multispecies Fishery’’ (RIN0648– EC–4620. A communication from the Pro- uty Assistant Administrator for Fisheries, AM65), received August 2, 1999; to the Com- gram Analyst, Office of the Chief Counsel, Office of Sustainable Fisheries, National Ma- mittee on Commerce, Science, and Transpor- Federal Aviation Administration, Depart- rine Fisheries Service, Department of Com- tation. ment of Transportation, transmitting, pur- merce, transmitting, pursuant to law, the re- EC–4612. A communication from the Chief, suant to law, the report of a rule entitled port of a rule entitled ‘‘Amendment 1 to the Office of Regulations and Administrative ‘‘IFR Altitudes; Miscellaneous Amendments Atlantic Salmon Fishery Management Plan’’ Law, U.S. Coast Guard, Department of (143); Amdt. No. 417’’ (RIN2120–AA63) (1999– (RIN0648–AM13), received August 2, 1999; to Transportation, transmitting, pursuant to 0003), received July 29, 1999; to the Com- the Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Special mittee on Commerce, Science, and Transpor- Transportation. Anchorage Areas/Anchorage Grounds Regu- tation. EC–4605. A communication from the Dep- lations; St. Johns River, Jacksonville, Flor- EC–4621. A communication from the Pro- uty Assistant Administrator for Fisheries, ida (CGD07–99–023)’’ (RIN2115–AA98) (1999– gram Analyst, Office of the Chief Counsel,

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10589 Federal Aviation Administration, Depart- EC–4630. A communication from the Pro- EC–4639. A communication from the Assist- ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled Federal Aviation Administration, Depart- ment of State, transmitting, pursuant to the ‘‘Rotorcraft Load Combination Safety Re- ment of Transportation, transmitting, pur- Arms Export Control Act, the report of a quirements’’ (RIN2120–AG59), received Au- suant to law, the report of a rule entitled certification of a proposed Manufacturing gust 5, 1999; to the Committee on Commerce, ‘‘Airworthiness Directives: Pratt and Whit- License Agreement for the export of defense Science, and Transportation. ney T9D Series Turbofan Engines; Request services under a contract in the amount of EC–4622. A communication from the Pro- for Comments; Recission; Docket No. 98– $50,000,000 or more with the United Kingdom; gram Analyst, Office of the Chief Counsel, ANE–21 (7–30/7–29)’’ (RIN2120–AA64) (1999– to the Committee on Foreign Relations. Federal Aviation Administration, Depart- 0285), received July 29, 1999; to the Com- EC–4640. A communication from the Assist- ment of Transportation, transmitting, pur- mittee on Commerce, Science, and Transpor- ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled tation. ment of State, transmitting, pursuant to the ‘‘Name Change of Guam Island Agana NAS, EC–4631. A communication from the Pro- Arms Export Control Act, the report of a GU Class D Airspace Area; Docket No. 99– gram Analyst, Office of the Chief Counsel, certification of a proposed Manufacturing AWP–9 (8–2/8–5)’’ (RIN2120–AA66) (1999–0246), Federal Aviation Administration, Depart- License Agreement for the export of defense received August 5, 1999; to the Committee on ment of Transportation, transmitting, pur- services under a contract in the amount of Commerce, Science, and Transportation. suant to law, the report of a rule entitled $50,000,000 or more with the United Kingdom; EC–4623. A communication from the Pro- ‘‘Airworthiness Directives: Bombardier to the Committee on Foreign Relations. gram Analyst, Office of the Chief Counsel, Model CL–215–1A10 and CL–215–6B11 Series EC–4641. A communication from the Assist- Federal Aviation Administration, Depart- Airplanes; Docket No. 98–NM–37 (8–2/8–5)’’ ant Secretary, Legislative Affairs, Depart- ment of Transportation, transmitting, pur- (RIN2120–AA64) (1999–0292), received August 4, ment of State, transmitting, pursuant to the suant to law, the report of a rule entitled 1999; to the Committee on Commerce, Arms Export Control Act, the report of a ‘‘Standard Instrument Approach Procedures; Science, and Transportation. certification of a proposed Manufacturing Miscellaneous Amendments (9); Amdt. No. EC–4632. A communication from the Pro- License Agreement for the export of defense 1941 (7–30/7–29)’’ (RIN2120–AA65) (1999–0039), gram Analyst, Office of the Chief Counsel, services under a contract in the amount of received July 29, 1999; to the Committee on Federal Aviation Administration, Depart- $50,000,000 or more with Finland; to the Com- Commerce, Science, and Transportation. ment of Transportation, transmitting, pur- mittee on Foreign Relations. EC–4624. A communication from the Pro- suant to law, the report of a rule entitled EC–4642. A communication from the Assist- gram Analyst, Office of the Chief Counsel, ‘‘Airworthiness Directives: British Aerospace ant Secretary, Legislative Affairs, Depart- Federal Aviation Administration, Depart- Model BAC 1–11200 and 400 Series Airplanes; ment of State, transmitting, pursuant to the ment of Transportation, transmitting, pur- Docket No. 98–NM–47 (8–2/8–5)’’ (RIN2120– Arms Export Control Act, the report of a suant to law, the report of a rule entitled AA64) (1999–0291), received August 4, 1999; to certification of a proposed Manufacturing ‘‘Standard Instrument Approach Procedures; the Committee on Commerce, Science, and License Agreement for the export of defense Miscellaneous Amendments (56); Amdt. No. Transportation. articles and defense services under a con- 1942 (7–30/7–29)’’ (RIN2120–AA65) (1999–0038), EC–4633. A communication from the Pro- tract in the amount of $50,000,000 or more received July 29, 1999; to the Committee on gram Analyst, Office of the Chief Counsel, with Australia, Canada, Denmark, Germany, Commerce, Science, and Transportation. Federal Aviation Administration, Depart- Greece, The Netherlands, Norway, Spain, and EC–4625. A communication from the Pro- ment of Transportation, transmitting, pur- Turkey; to the Committee on Foreign Rela- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled tions. Federal Aviation Administration, Depart- ‘‘Airworthiness Directives: Learjet Model 23, EC–4643. A communication from the Assist- ment of Transportation, transmitting, pur- 24, 25, 28, 29, 31, 55, and 60 Series Airplanes; ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled Docket No. 98–NM–372 (8–2/8–5)’’ (RIN2120– ment of State, transmitting, pursuant to the ‘‘Standard Instrument Approach Procedures; AA64) (1999–0290), received August 5, 1999; to Arms Export Control Act, the report of a Miscellaneous Amendments (28); Amdt. No. the Committee on Commerce, Science, and certification of a proposed Manufacturing 1943 (7–30/7–29)’’ (RIN2120–AA65) (1999–0037), Transportation. License Agreement for the export of defense received July 29, 1999; to the Committee on EC–4634. A communication from the Pro- articles and defense services under a con- Commerce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, tract in the amount of $50,000,000 or more EC–4626. A communication from the Pro- Federal Aviation Administration, Depart- with Japan; to the Committee on Foreign gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- Relations. Federal Aviation Administration, Depart- suant to law, the report of a rule entitled EC–4644. A communication from the Assist- ment of Transportation, transmitting, pur- ‘‘Airworthiness Directives: Saab Model ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled SAAB 2000 Series Airplanes; Docket No. 97– ment of State, transmitting, pursuant to the ‘‘Establishment of Class E Airspace; Taylor, NM–151 (8–3/8–5)’’ (RIN2120–AA64) (1999–0289), Arms Export Control Act, the report of a AZ; Correction ; Docket No. 97–AWP–2 (7–29/ received August 5, 1999; to the Committee on certification of a proposed Manufacturing 7–29)’’ (RIN2120–AA66) (1999–0244), received Commerce, Science, and Transportation. License Agreement for the export of defense July 29, 1999; to the Committee on Com- EC–4635. A communication from the Pro- articles or defense services under a contract merce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, in the amount of $50,000,000 or more with EC–4627. A communication from the Pro- Federal Aviation Administration, Depart- France; to the Committee on Foreign Rela- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- tions. Federal Aviation Administration, Depart- suant to law, the report of a rule entitled EC–4645. A communication from the Assist- ment of Transportation, transmitting, pur- ‘‘Airworthiness Directives: The New Piper ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled Aircraft, Inc. Model PA–46–350P Airplanes; ment of State, transmitting, pursuant to the ‘‘Correction of Class D Airspace; Bullhead Docket No. 99–CE–01 (8–4/8–5)’’ (RIN2120– Arms Export Control Act, the report of a City, AZ; Direct Final Rule; Request for AA64) (1999–0288), received August 5, 1999; to certification of a proposed Manufacturing Comments; Docket No. 99–AWP–8 (7–28/7–29)’’ the Committee on Commerce, Science, and License Agreement for the export of defense (RIN2120–AA66) (1999–0245), received July 29, Transportation. articles or defense services under a contract 1999; to the Committee on Commerce, EC–4636. A communication from the Chair- in the amount of $50,000,000 or more with Science, and Transportation. man, Federal Communications Commission, Greece; to the Committee on Foreign Rela- EC–4628. A communication from the Pro- transmitting, pursuant to law, a report rel- tions. gram Analyst, Office of the Chief Counsel, ative to the Commission’s auction expendi- EC–4646. A communication from the Assist- Federal Aviation Administration, Depart- ture package; to the Committee on Com- ant Secretary, Legislative Affairs, Depart- ment of Transportation, transmitting, pur- merce, Science, and Transportation. ment of State, transmitting, pursuant to the suant to law, the report of a rule entitled EC–4637. A communication from the Chair- Arms Export Control Act, the report of a ‘‘Airworthiness Directives: Airbus Industrie man, Federal Communications Commission, certification of a proposed Manufacturing Model A300–600, Series; Docket No. 98–NM–62 transmitting, pursuant to law, a report enti- License Agreement for the export of defense (7–28/7–29)’’ (RIN2120–AA64) (1999–0284), re- tled ‘‘Fourth Annual Report and Analysis of articles and defense services under a con- ceived July 29, 1999; to the Committee on Competitive Market Conditions With Re- tract in the amount of $50,000,000 or more Commerce, Science, and Transportation. spect to Commercial Mobile Services’’ for with Greece; to the Committee on Foreign EC–4629. A communication from the Pro- calendar year 1998; to the Committee on Relations. gram Analyst, Office of the Chief Counsel, Commerce, Science, and Transportation. EC–4647. A communication from the Assist- Federal Aviation Administration, Depart- EC–4638. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- ment of Transportation, transmitting, pur- ant Secretary, Legislative Affairs, Depart- ment of State, transmitting, pursuant to the suant to law, the report of a rule entitled ment of State, transmitting, pursuant to the Arms Export Control Act, the report of a ‘‘Airworthiness Directives: Boeing Model Arms Export Control Act, the report of a certification of a proposed Manufacturing 737–600, Series Airplanes; Request for Com- certification of a proposed Manufacturing and Technical Assistance Agreement for the ments; Docket No. 98–NM–155 (7–27/7–29)’’ License Agreement for the export of defense export of defense services under a contract in (RIN2120–AA64) (1999–0287), received July 29, services under a contract in the amount of the amount of $50,000,000 or more with the 1999; to the Committee on Commerce, $50,000,000 or more with Japan; to the Com- Netherlands; to the Committee on Foreign Science, and Transportation. mittee on Foreign Relations. Relations.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10590 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4648. A communication from the Assist- Participate in the Visa Waiver Pilot Pro- EC–4669. A communication from the Gen- ant Secretary, Legislative Affairs, Depart- gram’’ (RIN1115–AF99) (INS No. 20002–99), re- eral Counsel, Federal Emergency Manage- ment of State, transmitting, pursuant to the ceived August 9, 1999; to the Committee on ment Agency, transmitting, pursuant to law, Arms Export Control Act, the report of a the Judiciary. the report of a rule entitled ‘‘National Flood certification of a proposed Manufacturing EC–4658. A communication from the Sec- Insurance Program (NFIP); Insurance Cov- License Agreement with Germany; to the retary of Defense, transmitting, the report of erage and Rates; 64 FR 41825; 08/02/99’’ Committee on Foreign Relations. a retirement; to the Committee on Armed (RIN3067–AD00), received August 5, 1999; to EC–4649. A communication from the Assist- Services. the Committee on Banking, Housing, and ant Secretary, Legislative Affairs, Depart- EC–4659. A communication from the Direc- Urban Affairs. ment of State, transmitting, pursuant to the tor, Defense Procurement, Department of EC–4670. A communication from the Chief, Arms Export Control Act, the report of a Defense, transmitting, pursuant to law, the Regulations Branch, U.S. Customs Service, certification of a proposed Manufacturing report of a rule entitled ‘‘Taxpayer Identi- Department of the Treasury, transmitting, License Agreement with Germany; to the fication Numbers and Commercial and Gov- pursuant to law, the report of a rule entitled Committee on Foreign Relations. ernment Entity Codes’’ (DFARS Case 98– ‘‘Technical Corrections to the Customs Reg- EC–4650. A communication from the Ad- D027), received August 5, 1999; to the Com- ulations’’ (R.P. 98–13), received August 5, ministrator, Food Safety and Inspection mittee on Armed Services. 1999; to the Committee on Finance. Service, Department of Agriculture, trans- EC–4660. A communication from the Chief, EC–4671. A communication from the Chief, mitting, pursuant to law, the report of a rule Programs and Legislation Division, Office of Regulations Branch, U.S. Customs Service, entitled ‘‘Designation of the State of Alaska Legislative Liaison, Office of the Secretary, Department of the Treasury, transmitting, Under the Federal Meat Inspection Act and Department of the Air Force, transmitting, pursuant to law, the report of a rule entitled the Poultry Products Inspection Act’’, re- pursuant to law, a report relative to a cost ‘‘Detention of Merchandise’’ (RIN1515–AB75), ceived August 5, 1999; to the Committee on comparison of switchboard operations in the received August 5, 1999; to the Committee on Agriculture, Nutrition, and Forestry. Air Mobility Command; to the Committee on Finance. EC–4651. A communication from the Ad- Armed Services. EC–4672. A communication from the Chief, EC–4661. A communication from the Chief ministrator, Food Safety and Inspection Regulations Unit, Internal Revenue Service, Counsel, Foreign Assets Control, Depart- Service, Department of Agriculture, trans- Department of the Treasury, transmitting, ment of the Treasury, transmitting, pursu- mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled ant to law, the report of a rule entitled entitled ‘‘Fee Increase for Inspection Serv- ‘‘Examples of Corrections to Employee ‘‘UNITA (Angola) Sanctions Regulations: ices’’ (RIN0583–AC54), received August 5, 1999; Plans’’ (Rev. Proc. 99–31), received August 5, Implementation of Executive Orders 13069 to the Committee on Agriculture, Nutrition, 1999; to the Committee on Finance. and 13098’’ (31 CFR Part 590), received August and Forestry. EC–4673. A communication from the Chief, 6, 1999; to the Committee on Banking, Hous- EC–4652. A communication from the Con- Regulations Unit, Internal Revenue Service, gressional Review Coordinator, Regulatory ing, and Urban Affairs. EC–4662. A communication from the Gen- Department of the Treasury, transmitting, Analysis and Development, Policy and Pro- eral Counsel, Federal Emergency Manage- pursuant to law, the report of a rule entitled gram Development, Animal and Plant Health ment Agency, transmitting, pursuant to law, ‘‘TD 8832: Exception from Supplemental An- Inspection Service, Department of Agri- the report of a rule entitled ‘‘Final Flood nuity Tax on Railroad Employers’’ (RIN1545– culture, transmitting, pursuant to law, the Elevation Determinations; 64 FR 41315; 07/30/ AT56), received August 5, 1999; to the Com- report of a rule entitled ‘‘Viruses, Serums, 99’’, received August 5, 1999; to the Com- mittee on Finance. Toxins, and Analogous Products and Patent mittee on Banking, Housing, and Urban Af- EC–4674. A communication from the Chair, Term Restoration; Nonsubstantive Technical fairs. Medicare Payment Advisory Commission, Changes’’ (Docket No. 97–117–1), received Au- EC–4663. A communication from the Gen- transmitting, pursuant to law, a report enti- gust 5, 1999; to the Committee on Agri- eral Counsel, Federal Emergency Manage- tled ‘‘Rethinking Medicare’s Payment Poli- culture, Nutrition, and Forestry. ment Agency, transmitting, pursuant to law, cies for Graduate Medical Education and EC–4653. A communication from the Direc- the report of a rule entitled ‘‘Final Flood Teaching Hospitals’’; to the Committee on tor, Office of Regulatory Management and Elevation Determinations; 64 FR 41317; 07/30/ Finance. Information, Office of Policy, Planning and 99’’, received August 5, 1999; to the Com- EC–4675. A communication from the Sec- Evaluation, Environmental Protection Agen- mittee on Banking, Housing, and Urban Af- retary of Defense, transmitting, the report of cy, transmitting, pursuant to law, the report fairs. a retirement; to the Committee on Armed of a rule entitled ‘‘Glufosinate Ammonium; EC–4664. A communication from the Gen- Services. Pesticide Tolerances for Emergency Exemp- eral Counsel, Federal Emergency Manage- EC–4676. A communication from the Under tions’’ (FRL #6092–8), received August 6, 1999; ment Agency, transmitting, pursuant to law, Secretary of Defense for Acquisition and to the Committee on Environment and Pub- the report of a rule entitled ‘‘Changes in Technology, transmitting, pursuant to law, a lic Works. Flood Elevation Determinations; 64 FR 41306; report relative to hydrocarbon fuels used by EC–4654. A communication from the Direc- 07/30/99’’ (Doc. # FEMA–7292), received Au- the DoD; to the Committee on Armed Serv- tor, Office of Regulatory Management and gust 5, 1999; to the Committee on Banking, ices. Information, Office of Policy, Planning and Housing, and Urban Affairs. EC–4677. A communication from the Under Evaluation, Environmental Protection Agen- EC–4665. A communication from the Direc- Secretary of Defense for Personnel and Read- cy, transmitting, pursuant to law, the report tor, Defense Procurement, Department of iness, transmitting, pursuant to law, a re- of a rule entitled ‘‘OMB Approvals Under the Defense, transmitting, pursuant to law, the port relative to military technician pro- Paperwork Reduction Act Relating to the report of a rule entitled ‘‘Multiyear Con- grams in the Reserve components of the Federal Test Procedures for Emissions From tracting’’ (DFARS Case 97–D308), received Army and the Air Force; to the Committee Motor Vehicles; Technical Amendment’’ August 5, 1999; to the Committee on Armed on Armed Services. (FRL #6409–2), received August 5, 1999; to the Services. EC–4678. A communication from the Direc- Committee on Environment and Public EC–4666. A communication from the Gen- tor, Administration and Management, Office Works. eral Counsel, Federal Emergency Manage- of the Secretary of Defense, transmitting, EC–4655. A communication from the Direc- ment Agency, transmitting, pursuant to law, pursuant to law, a report relative to printing tor, Office of Regulatory Management and the report of a rule entitled ‘‘National Flood and duplicating services procured in-house or Information, Office of Policy, Planning and Insurance Program (NFIP); Group Flood In- from external sources during fiscal year 1998; Evaluation, Environmental Protection Agen- surance Policy; 64 FR 41305; 07/30/99’’ to the Committee on Armed Services. cy, transmitting, pursuant to law, the report (RIN3067–AC35), received August 5, 1999; to EC–4679. A communication from the Alter- of a rule entitled ‘‘Approval and Promulga- the Committee on Banking, Housing, and nate OSD Federal Register Liaison Officer, tion of the Implementation Plans; Min- Urban Affairs. Department of Defense, transmitting, pursu- nesota’’ (FRL #6414–9), received August 6, EC–4667. A communication from the Gen- ant to law, the report of a rule entitled 1999; to the Committee on Environment and eral Counsel, Federal Emergency Manage- ‘‘CHAMPUS; Revisions to the Eligibility Re- Public Works. ment Agency, transmitting, pursuant to law, quirements’’ (RIN0720–AA51), received Au- EC–4656. A communication from the Acting the report of a rule entitled ‘‘Changes in gust 18, 1999; to the Committee on Armed Assistant Attorney General, transmitting, Flood Elevation Determinations; 64 FR 41312; Services. pursuant to law, the annual report of the Of- 07/30/99’’, received August 5, 1999; to the Com- EC–4680. A communication from the Alter- fice of the Police Corps and Law Enforce- mittee on Banking, Housing, and Urban Af- nate OSD Federal Register Liaison Officer, ment Education for fiscal year 1998; to the fairs. Department of Defense, transmitting, pursu- Committee on the Judiciary. EC–4668. A communication from the Gen- ant to law, the report of a rule entitled EC–4657. A communication from the Direc- eral Counsel, Federal Emergency Manage- ‘‘CHAMPUS; Prosthetic Devices’’ (RIN0720– tor, Policy Directives and Instructions ment Agency, transmitting, pursuant to law, AA49), received August 18, 1999; to the Com- Branch, Immigration and Naturalization the report of a rule entitled ‘‘Changes in mittee on Armed Services. Service, Department of Justice, transmit- Flood Elevation Determinations; 64 FR 41309; EC–4681. A communication from the Direc- ting, pursuant to law, the report of a rule en- 07/30/99’’, (Doc. #FEMA–7293), received Au- tor Defense Procurement, Department of De- titled ‘‘Adding Portugal, Singapore and Uru- gust 5, 1999; to the Committee on Banking, fense, transmitting, pursuant to law, the re- guay to the List of Countries Authorized to Housing, and Urban Affairs. port of a rule entitled ‘‘Oral Attestation of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10591 Security Responsibilities’’ (DFARS Case 99– EC–4693. A communication from the Chief, fice of Procurement and Assistance Manage- D006), received August 18, 1999; to the Com- Regulations Unit, Internal Revenue Service, ment, Department of Energy, transmitting, mittee on Armed Services. Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled EC–4682. A communication from the Direc- pursuant to law, the report of a rule entitled ‘‘Use of Facility Contractor Employees for tor Defense Procurement, Department of De- ‘‘Revenue Ruling 99–36, Determination of In- Services to DOE in the Washington, D.C. fense, transmitting, pursuant to law, the re- terest Rates—October 1999’’ (Revenue Ruling Area’’ (DOE N 350.5), received August 10, 1999; port of a rule entitled ‘‘Fiscal Year 2000 Con- 99–36), received August 18, 1999; to the Com- to the Committee on Energy and Natural Re- tract Action Reporting Requirements’’ mittee on Finance. sources. (DFARS Case 99–D011/98–D017), received Au- EC–4694. A communication from the Chief, EC–4705. A communication from the Direc- gust 12, 1999; to the Committee on Armed Regulations Unit, Internal Revenue Service, tor, Office of Surface Mining, Department of Services. Department of the Treasury, transmitting, the Interior, transmitting, pursuant to law, EC–4683. A communication from the Direc- pursuant to law, the report of a rule entitled the report of a rule entitled ‘‘Texas Regu- tor, Administrative Office of United States ‘‘Notice 99–42, Elimination of Magnetic Tape latory Program’’ (SPATS #TX–041–FOR), re- Courts, transmitting, pursuant to law, the Program for Federal Tax Deposits’’ (Notice ceived August 9, 1999; to the Committee on actuarial reports on the Judicial Retirement 99–42), received August 12, 1999; to the Com- Energy and Natural Resources. System, the Judicial Officers’ Retirement mittee on Finance. EC–4706. A communication from the Direc- Fund, the Judicial Survivors’ Annuities Sys- EC–4695. A communication from the Chief, tor, Office of Surface Mining, Department of tem, and the Court of Federal Claims Judges’ Regulations Unit, Internal Revenue Service, the Interior, transmitting, pursuant to law, Retirement System for the plan year ended Department of the Treasury, transmitting, the report of a rule entitled ‘‘Indiana Regu- September 30, 1997; to the Committee on pursuant to law, the report of a rule entitled latory Program’’ (SPATS #IN–129–FOR), re- Governmental Affairs. ‘‘Notice 99–41, Updated List of Designated ceived August 9, 1999; to the Committee on EC–4684. A communication from the Execu- Private Delivery Services Under Section Energy and Natural Resources. tive Director, Committee for Purchase from 7502’’ (Notice 99–41), received August 12, 1999; EC–4707. A communication from the Direc- People who are Blind or Severely Disabled, to the Committee on Finance. tor, Office of Regulations Management, Vet- transmitting, pursuant to law, the report of EC–4696. A communication from the Chief, erans Health Administration, Department of a rule relative to additions to and deletions Regulations Unit, Internal Revenue Service, Veterans Affairs, transmitting, pursuant to from the Procurement List, received August Department of the Treasury, transmitting, law, the report of a rule entitled ‘‘Reconsid- 10, 1999; to the Committee on Governmental pursuant to law, the report of a rule entitled eration of Denied Claims’’ (RIN2900–AJ03), Affairs. ‘‘Notice 99–34, Depreciation System, Com- received August 18, 1999: to the Committee EC–4685. A communication from the Execu- ments Requested’’ (OGI–113072–99), received on Veteran’s Affairs. tive Director, Committee for Purchase from August 12, 1999; to the Committee on Fi- EC–4708. A communication from the Sec- People who are Blind or Severely Disabled, nance. retary of Health and Human Services, trans- transmitting, pursuant to law, the report of EC–4697. A communication from the Chief, mitting, pursuant to law, a report relative to a rule relative to an addition to the Procure- Regulations Unit, Internal Revenue Service, the Community Food and Nutrition Program ment List, received August 18, 1999; to the Department of the Treasury, transmitting, for fiscal years 1996 and 1997; to the Com- Committee on Governmental Affairs. pursuant to law, the report of a rule entitled mittee on Health, Education, Labor, and EC–4686. A communication from the Direc- ‘‘Announcement of Rule to be Included in Pensions. tor, Office of Personnel Management, trans- Final Regulations under Section 897(c) of the EC–4709. A communication from the Sec- mitting, pursuant to law, the report of a rule Code’’ (Notice 99–43), received August 18, retary of Health and Human Services, trans- entitled ‘‘Voting Rights Program’’ (RIN3206– 1999; to the Committee on Finance. mitting, pursuant to law, a report relative to AI77), received August 10, 1999; to the Com- EC–4698. A communication from the Chief, the National Breast and Cervical Cancer mittee on Governmental Affairs. Regulations Unit, Internal Revenue Service, Early Detection Program for fiscal year 1996; EC–4687. A communication from the Audi- Department of the Treasury, transmitting, to the Committee on Health, Education, tor of the District of Columbia, transmit- pursuant to law, the report of a rule entitled Labor, and Pensions. ting, pursuant to law, a report entitled ‘‘Consolidated Returns-Consolidated Overall EC–4710. A communication from the Sec- ‘‘Auditor’s Examination of the Practice of Foreign Losses and Separate Limitation retary of Health and Human Services, trans- Placing Pretrial Defendants in District Half- Losses’’ (RIN1545–AW08) (T.D. 8833), received mitting, pursuant to law, a report entitled way Houses and the Resulting Problem of August 18, 1999; to the Committee on Fi- ‘‘Health, United States, 1999’’; to the Com- Persistent Escapes’’; to the Committee on nance. mittee on Health, Education, Labor, and Governmental Affairs. EC–4699. A communication from the Chief, Pensions. EC–4688. A communication from the Assist- Regulations Unit, Internal Revenue Service, EC–4711. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- Department of the Treasury, transmitting, tor, Regulations Policy and Management ment of State, transmitting, pursuant to the pursuant to law, the report of a rule entitled Staff, Food and Drug Administration, De- Arms Export Control Act, the report of a re- ‘‘Specifications for Filing 1999 Forms 1098, partment of Health and Human Services, quest from the Government of Egypt to per- 1099, 5498, and W–2G, Magnetically or Elec- transmitting, pursuant to law, the report of mit the use of Foreign Military Financing tronically’’ (Revenue Procedure 99–29), re- a rule entitled ‘‘Secondary Direct Food Addi- for the sale and limited coproduction of mili- ceived August 12, 1999; to the Committee on tives Permitted in Food for Human Con- tary hardware; to the Committee on Foreign Finance. sumption’’ (98F–0014), received August 18, Relations. EC–4700. A communication from the Chief, 1999; to the Committee on Health, Education, EC–4689. A communication from the Assist- Regulations Unit, Internal Revenue Service, Labor, and Pensions. ant Legal Adviser for Treaty Affairs, Depart- Department of the Treasury, transmitting, EC–4712. A communication from the Direc- ment of State, transmitting, pursuant to pursuant to law, the report of a rule entitled tor, Regulations Policy and Management law, the report of the texts and background ‘‘Furnishing Identifying Number of Income Staff, Food and Drug Administration, De- statements of international agreements, Tax Return Preparer’’ (RIN1545–AX27), re- partment of Health and Human Services, other than treaties; to the Committee on ceived August 12, 1999; to the Committee on transmitting, pursuant to law, the report of Foreign Relations. Finance. a rule entitled ‘‘Food Additives Permitted EC–4690. A communication from the Rules EC–4701. A communication from the Chief, for Direct Addition to Food for Human Con- Administrator, Federal Bureau of Prisons, Regulations Unit, Internal Revenue Service, sumption; Petroleum Wax’’ (96F–0415), re- Department of Justice, transmitting, pursu- Department of the Treasury, transmitting, ceived August 18, 1999; to the Committee on ant to law, the report of a rule entitled pursuant to law, the report of a rule entitled Health, Education, Labor, and Pensions. ‘‘Cost of Incarceration Fee’’ (RIN1120–AA75), ‘‘Inbound Grantor Trusts With Foreign EC–4713. A communication from the Direc- received August 10, 1999; to the Committee Grantors’’ (RIN1545–AU90) (TD8831), received tor, Regulations Policy and Management on the Judiciary. August 9, 1999; to the Committee on Finance. Staff, Food and Drug Administration, De- EC–4691. A communication from the Gen- EC–4702. A communication from the Chief, partment of Health and Human Services, eral Counsel, National Tropical Botanical Regulations Unit, Internal Revenue Service, transmitting, pursuant to law, the report of Garden, transmitting, pursuant to law, the Department of the Treasury, transmitting, a rule entitled ‘‘Food Additives Permitted audit report for calendar year 1998; to the pursuant to law, the report of a rule entitled for Direct Addition to Food for Human Con- Committee on the Judiciary. ‘‘Treatment of Distributions to Foreign Per- sumption; Sucralose’’ (99F–0001), received EC–4692. A communication from the Dep- sons Under Section 367(e) and 367(e)(2)’’ August 18, 1999; to the Committee on Health, uty Executive Secretary, Health Care Fi- (RIN1545–AU22) (TD8834), received August 9, Education, Labor, and Pensions. nancing Administration, transmitting, pur- 1999; to the Committee on Finance. EC–4714. A communication from the Direc- suant to law, the report of a rule entitled EC–4703. A communication from the Sec- tor, Regulations Policy and Management ‘‘Revision of the Procedures for Requesting retary of the Interior, transmitting, pursu- Staff, Food and Drug Administration, De- Exceptions to Cost Limits for Skilled Nurs- ant to law, a report relative to the Helium partment of Health and Human Services, ing Facilities and Elimination of Classifica- Privatization Act of 1996; to the Committee transmitting, pursuant to law, the report of tions (HCFA–1883–F)’’ (RIN0938–AH73), re- on Energy and Natural Resources. a rule entitled ‘‘Food Additives Permitted ceived August 10, 1999; to the Committee on EC–4704. A communication from the Assist- for Direct Addition to Food for Human Con- Finance. ant General Counsel for Regulatory Law, Of- sumption; Sucralose Acetate Isobutyrate;

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10592 CONGRESSIONAL RECORD — SENATE September 8, 1999 Correction’’ (91F–0228), received August 10, ministration, transmitting, pursuant to law, EC–4734. A communication from the Direc- 1999; to the Committee on Health, Education, the report of a rule entitled ‘‘12 CFR Part tor, Office of Regulatory Management and Labor, and Pensions. 708a; Conversion of Insured Credit Unions to Information, Office of Policy, Planning and EC–4715. A communication from the Direc- Mutual Savings Banks’’, received August 18, Evaluation, Environmental Protection Agen- tor, Corporate Policy and Research Depart- 1999; to the Committee on Banking, Housing, cy, transmitting, pursuant to law, the report ment, Pension Benefit Guaranty Corpora- and Urban Affairs. of a rule entitled ‘‘Approval and Promulga- tion, transmitting, pursuant to law, the re- EC–4726. A communication from the Chair- tion of Air Quality Implementation Plans; port of a rule entitled ‘‘Allocation of Assets man, Nuclear Regulatory Commission, trans- Maryland: Control of VOC Emissions from in Single-Employer Plans; Interest Assump- mitting, pursuant to law, the annual report Reinforced Plastics Manufacturing’’ (FRL tions for Valuing Benefits’’, received August for fiscal year 1998; to the Committee on En- #6419–1), received August 10, 1999; to the 10, 1999; to the Committee on Health, Edu- vironment and Public Works. Committee on Environment and Public cation, Labor, and Pensions. EC–4727. A communication from the Direc- Works. EC–4716. A communication from the Assist- tor, Office of Congressional Affairs, Office of EC–4735. A communication from the Direc- ant Secretary for Employment Standards, Enforcement, Office of Nuclear Reactor Reg- tor, Office of Regulatory Management and Employment Standards Administration, Of- ulation, Nuclear Regulatory Commission, Information, Office of Policy, Planning and fice of Labor-Management Standards, De- transmitting, pursuant to law, the report of Evaluation, Environmental Protection Agen- partment of Labor, transmitting, pursuant a rule entitled ‘‘General Statement of Policy cy, transmitting, pursuant to law, the report to law, the report of a rule entitled ‘‘Amend- and Procedures for NRC Enforcement Ac- of a rule entitled ‘‘Approval and Promulga- ment of Section 5333(b) Guidelines to Carry tions, NUREG–1600 Rev. 1’’, received August tion of Implementation Plans; California Out New Programs Authorized by the Trans- 12, 1999; to the Committee on Environment State Implementation Plan Revisions for Six portation Equity Act for the 21st Century and Public Works. California Air Pollution Control Districts’’ (TEA–21)’’ (RIN1215–AB25), received August EC–4728. A communication from the Direc- (FRL #6420–4), received August 10, 1999; to 18, 1999; to the Committee on Health, Edu- tor, Office of Regulatory Management and the Committee on Environment and Public cation, Labor, and Pensions. Information, Office of Policy, Planning and Works. EC–4717. A communication from the Fiscal Evaluation, Environmental Protection Agen- EC–4736. A communication from the Direc- Assistant Secretary, Department of the cy, transmitting, pursuant to law, the report tor, Office of Regulatory Management and Treasury, transmitting, pursuant to law, a of a rule entitled ‘‘Approval and Promulga- Information, Office of Policy, Planning and report relative to the purchase upon issuance tion of State Plans for Designated Facilities Evaluation, Environmental Protection Agen- of securities issued by the Secretary of the and Pollutants; Control of Emissions From cy, transmitting, pursuant to law, the report Treasury; to the Committee on Banking, Hospital/Medical/Infectious Waste Inciner- of a rule entitled ‘‘Approval and Promulga- Housing, and Urban Affairs. ators (HMIWIs); State of Missouri’’ (FRL tion of Implementation Plans; California EC–4718. A communication from the Presi- #6421–6), received August 12, 1999; to the State Implementation Plan Revision: Bay dent of the United States, transmitting, pur- Committee on Environment and Public Area Air Quality Management District, Kern suant to law, a 6-month periodic report rel- Works. County Air Pollution Control District, Mon- EC–4729. A communication from the Direc- ative to the national emergency caused by terey Bay Unified Air Pollution Control Dis- tor, Office of Regulatory Management and the lapse of the Export Administration Act trict, South Coast Air Quality Management Information, Office of Policy, Planning and of 1979; to the Committee on Banking, Hous- District’’ (FRL #6420–34), received August 10, Evaluation, Environmental Protection Agen- ing, and Urban Affairs. 1999; to the Committee on Environment and cy, transmitting, pursuant to law, the report EC–4719. A communication from the Chair- Public Works. of a rule entitled ‘‘Approval and Promulga- man, Federal Housing Finance Board, trans- EC–4737. A communication from the Direc- tion of State Air Quality Plans for Des- mitting, pursuant to law, a combined annual tor, Office of Regulatory Management and ignated Facilities and Pollutants; Pennsyl- report for the Federal Housing Finance Information, Office of Policy, Planning and vania; Large Municipal Waste Combustors Board and the low-income housing and com- Evaluation, Environmental Protection Agen- (MWCs)’’ (FRL #6426–1), received August 18, munity development activities of the Fed- cy, transmitting, pursuant to law, the report 1999; to the Committee on Environment and eral Home Loan Bank System; to the Com- of a rule entitled ‘‘Approval and Promulga- Public Works. mittee on Banking, Housing, and Urban Af- EC–4730. A communication from the Direc- tion of Implementation Plans; California fairs. tor, Office of Regulatory Management and State Implementation Plan Revision: South EC–4720. A communication from the Gen- Information, Office of Policy, Planning and Coast Air Quality Management District; eral Counsel, Federal Emergency Manage- Evaluation, Environmental Protection Agen- Ventura County Air Pollution Control Dis- ment Agency, transmitting, pursuant to law, cy, transmitting, pursuant to law, the report trict; Mojave Desert Air Quality Manage- the report of a rule entitled ‘‘List of Commu- of a rule entitled ‘‘Approval and Promulga- ment District’’ (FRL #6419–9), received Au- nities Eligible for the Sale of Flood Insur- tion of State Air Quality Plans (SIP); In- gust 10, 1999; to the Committee on Environ- ance; 64 FR 42852; 08/06/99’’ (Docket No. terim Final Determination that Louisiana ment and Public Works. FEMA–7718), received August 12, 1999; to the Continues to Correct the Deficiencies of its EC–4738. A communication from the Direc- Committee on Banking, Housing, and Urban Enhanced Inspection and Maintenance (I/M) tor, Office of Regulatory Management and Affairs. SIP Revision’’ (FRL #6422–3), received Au- Information, Office of Policy, Planning and EC–4721. A communication from the Acting gust 18, 1999; to the Committee on Environ- Evaluation, Environmental Protection Agen- General Counsel, National Credit Union Ad- ment and Public Works. cy, transmitting, pursuant to law, the report ministration, transmitting, pursuant to law, EC–4731. A communication from the Direc- of a rule entitled ‘‘Approval and Promulga- the report of a rule entitled ‘‘12 CFR 701.21; tor, Office of Regulatory Management and tion of State Plans for Designated Facilities Loan Interest Rates’’ (RIN3133–AC25), re- Information, Office of Policy, Planning and and Pollutants; North Dakota; Control of ceived August 18, 1999; to the Committee on Evaluation, Environmental Protection Agen- emissions From Existing Hospital/Medical/ Banking, Housing, and Urban Affairs. cy, transmitting, pursuant to law, the report Infectious Waste Incinerators; Correction’’ EC–4722. A communication from the Acting of a rule entitled ‘‘Approval and Promulga- (FRL #6421–9), received August 10, 1999; to General Counsel, National Credit Union Ad- tion of State Plans for Designated Facilities the Committee on Environment and Public ministration, transmitting, pursuant to law, and Pollutants: South Carolina’’ (FRL #6426– Works. the report of a rule entitled ‘‘12 CFR Part 8), received August 18, 1999; to the Com- EC–4739. A communication from the Direc- 707; Truth in Savings’’, received August 18, mittee on Environment and Public Works. tor, Office of Regulatory Management and 1999; to the Committee on Banking, Housing, EC–4732. A communication from the Direc- Information, Office of Policy, Planning and and Urban Affairs. tor, Office of Regulatory Management and Evaluation, Environmental Protection Agen- EC–4723. A communication from the Acting Information, Office of Policy, Planning and cy, transmitting, pursuant to law, the report General Counsel, National Credit Union Ad- Evaluation, Environmental Protection Agen- of a rule entitled ‘‘Approval and Promulga- ministration, transmitting, pursuant to law, cy, transmitting, pursuant to law, the report tion of Air Quality Implementation Plans; the report of a rule entitled ‘‘12 CFR Part of a rule entitled ‘‘North Carolina: Final Au- New Hampshire; General Conformity’’ (FRL 701; Organization and Operation of Federal thorization of State Hazardous Waste Man- #6416–2), received August 10, 1999; to the Credit Unions Charitable Contributions’’, re- agement Program Revision’’ (FRL #6427–2), Committee on Environment and Public ceived August 18, 1999; to the Committee on received August 18, 1999; to the Committee Works. Banking, Housing, and Urban Affairs. on Environment and Public Works. EC–4740. A communication from the Direc- EC–4724. A communication from the Acting EC–4733. A communication from the Direc- tor, Office of Regulatory Management and General Counsel, National Credit Union Ad- tor, Office of Regulatory Management and Information, Office of Policy, Planning and ministration, transmitting, pursuant to law, Information, Office of Policy, Planning and Evaluation, Environmental Protection Agen- the report of a rule entitled ‘‘12 CFR Part Evaluation, Environmental Protection Agen- cy, transmitting, pursuant to law, the report 701.30; Safe Deposit Box Service’’ (RIN3133– cy, transmitting, pursuant to law, the report of a rule entitled ‘‘Approval and Promulga- AC19), received August 18, 1999; to the Com- of a rule entitled ‘‘Texas: Final Authoriza- tion of Air Quality Implementation Plan; mittee on Banking, Housing, and Urban Af- tion of State Hazardous Waste Management Connecticut; Approval of National Low fairs. Program Revisions’’ (FRL #6424–1), received Emission Vehicle Program’’ (FRL #6417–5), EC–4725. A communication from the Acting August 12, 1999; to the Committee on Envi- received August 10, 1999; to the Committee General Counsel, National Credit Union Ad- ronment and Public Works. on Environment and Public Works.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10593 EC–4741. A communication from the Direc- California; Use of Estimated Trade Demand bridge Regulations; Shrewsbury River, tor, Office of Regulatory Management and to Compute Volume Regulation Percent- NJ(CGD–01–99–010)’’ (RIN2115–AE47) (1999– Information, Office of Policy, Planning and ages’’ (FV99–989–4 FR), received August 18, 0036), received August 10, 1999; to the Com- Evaluation, Environmental Protection Agen- 1999; to the Committee on Agriculture, Nu- mittee on Commerce, Science, and Transpor- cy, transmitting, pursuant to law, the report trition, and Forestry. tation. of a rule entitled ‘‘Approval and Promulga- EC–4750. A communication from the Chief, EC–4759. A communication from the Attor- tion of Implementation Plans; California Natural Resources Conservation Service, De- ney, Research and Special Programs Admin- State Implementation Plan Revision, South partment of Agriculture, transmitting, pur- istration, Department of Transportation, Coast Air Quality Management District’’ suant to law, the report of a rule entitled transmitting, pursuant to law, the report of (FRL #6409–4), received August 10, 1999; to ‘‘Technical Assistance’’ (RIN0578–AA22), re- a rule entitled ‘‘Harmonization with the the Committee on Environment and Public ceived August 12, 1999; to the Committee on United Nations Recommendations, Inter- Works. Agriculture, Nutrition, and Forestry. national Maritime Dangerous Goods Code, EC–4742. A communication from the Direc- EC–4751. A communication from the Chief, and International Civil Aviation Organiza- tor, Office of Regulatory Management and Office of Regulations and Administrative tion’s Technical Instructions; Technical Cor- Information, Office of Policy, Planning and Law, U.S. Coast Guard, Department of rections and Denial of Petitions for Recon- Evaluation, Environmental Protection Agen- Transportation, transmitting, pursuant to sideration’’ (RIN2137–AD15) (1999–0002), re- cy, transmitting, pursuant to law, the report law, the report of a rule entitled ‘‘User Fees ceived August 12, 1999; to the Committee on of a rule entitled ‘‘Approval and Promulga- for Licenses, Certificates of Registry, and Commerce, Science, and Transportation. tion of Implementation Plans; Wisconsin’’ Merchant Mariner Documents (USCG–1997– EC–4760. A communication from the Attor- (FRL #6414–7), received August 10, 1999; to 2799)’’ (RIN2115–AF49) (1999–0001), received ney Advisor, Research and Special Programs the Committee on Environment and Public August 10, 1999; to the Committee on Com- Administration, Department of Transpor- Works. merce, Science, and Transportation. tation, transmitting, pursuant to law, the re- EC–4743. A communication from the Direc- EC–4752. A communication from the Chief, port of a rule entitled ‘‘Hazardous Materials: tor, Office of Regulatory Management and Office of Regulations and Administrative Oxidizers and Compressed Oxygen Aboard Information, Office of Policy, Planning and Law, U.S. Coast Guard, Department of Aircraft’’ (RIN2137–AC92), received August Evaluation, Environmental Protection Agen- Transportation, transmitting, pursuant to 18, 1999; to the Committee on Commerce, cy, transmitting, pursuant to law, the report law, the report of a rule entitled ‘‘Year 2000 Science, and Transportation. of a rule entitled ‘‘National Emission Stand- (Y2K) Requirements for Vessels and Marine EC–4761. A communication from the Spe- ards for Hazardous Air Pollutants: Halo- Facilities; Enforcement Date Change (USCG– cial Assistant to the Bureau Chief, Mass genated Solvent Cleaning’’ (FRL #6419–5), re- 1998–4819)’’ (RIN2115–AF85) (1999–0002), re- Media Bureau, Federal Communications ceived August 10, 1999; to the Committee on ceived August 10, 1999; to the Committee on Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Environment and Public Works. Commerce, Science, and Transportation. EC–4744. A communication from the Direc- EC–4753. A communication from the Chief, Section 73.202(b), Table of Allotments, FM tor, Office of Regulatory Management and Office of Regulations and Administrative Broadcast Stations (Annville, KY; Liberty, Information, Office of Policy, Planning and Law, U.S. Coast Guard, Department of PA; Clarendon, PA; and Ridgeley, WV) (MM Evaluation, Environmental Protection Agen- Transportation, transmitting, pursuant to Docket Nos. 99–51; 99–52; 99–53; and 99–54), re- cy, transmitting, pursuant to law, the report law, the report of a rule entitled ‘‘Update of ceived August 9, 1999; to the Committee on of a rule entitled ‘‘Buprofezin; Extension of Standards from American Society for Test- Commerce, Science, and Transportation. EC–4762. A communication from the Spe- Tolerance for Emergency Exemptions’’ (FRL ing and Materials (ASTM)(USCG–1999–5151)’’ cial Assistant to the Bureau Chief, Mass #6096–3), received August 10, 1999; to the (RIN2115–AF80), received August 18, 1999; to Media Bureau, Federal Communications Committee on Agriculture, Nutrition, and the Committee on Commerce, Science, and Commission, transmitting, pursuant to law, Transportation. Forestry. the report of a rule entitled ‘‘Amendment of EC–4745. A communication from the Direc- EC–4754. A communication from the Chief, Section 73.202(b), Table of Allotments, FM tor, Office of Regulatory Management and Office of Regulations and Administrative Broadcast Stations (Manson, IA; Rudd, IA; Information, Office of Policy, Planning and Law, U.S. Coast Guard, Department of Pleasantville, IA; Dunkerton, IA; and Man- Evaluation, Environmental Protection Agen- Transportation, transmitting, pursuant to ville, WY) (MM Docket Nos. 99–91; 99–92; 99– cy, transmitting, pursuant to law, the report law, the report of a rule entitled ‘‘Safety/Se- 93; 99–95; and 99–97), received August 9, 1999; of a rule entitled ‘‘Carfentrazone-ethyl; Ex- curity Zone Regulations; The Clinton Blue- to the Committee on Commerce, Science, tension of Tolerances for Emergency Exemp- fish Festival Fireworks Display, Clinton and Transportation. tion’’ (FRL #6097–8), received August 10, 1999; Harbor, Clinton, CT (CGD–01–99–118)’’ EC–4763. A communication from the Spe- to the Committee on Agriculture, Nutrition, (RIN2115–AF97) (1999–0049), received August cial Assistant to the Bureau Chief, Mass and Forestry. 10, 1999; to the Committee on Commerce, Media Bureau, Federal Communications EC–4746. A communication from the Direc- Science, and Transportation. Commission, transmitting, pursuant to law, tor, Office of Regulatory Management and EC–4755. A communication from the Chief, the report of a rule entitled ‘‘Amendment of Information, Office of Policy, Planning and Office of Regulations and Administrative Section 73.202(b), Table of Allotments, FM Evaluation, Environmental Protection Agen- Law, U.S. Coast Guard, Department of Broadcast Stations (Corrigan, TX and cy, transmitting, pursuant to law, the report Transportation, transmitting, pursuant to Lufkin, TX) (MM Docket Nos. 98–135), re- of a rule entitled ‘‘Demedipham; Extension law, the report of a rule entitled ‘‘Safety/Se- ceived August 9, 1999; to the Committee on of Tolerances for Emergency Exemption’’ curity Zone Regulations; Columbia River, Commerce, Science, and Transportation. (FRL #6096–7), received August 10, 1999; to St. Helens, OR to Port of Benton, WA (CGD– EC–4764. A communication from the Dep- the Committee on Agriculture, Nutrition, 13–99–033)’’ (RIN2115–AF97) (1999–0050), re- uty Assistant Administrator, Office of Oce- and Forestry. ceived August 10, 1999; to the Committee on anic and Atmospheric Research, National EC–4747. A communication from the Direc- Commerce, Science, and Transportation. Oceanic and Atmospheric Administration, tor, Office of Regulatory Management and EC–4756. A communication from the Chief, Department of Commerce, transmitting, pur- Information, Office of Policy, Planning and Office of Regulations and Administrative suant to law, the report of a rule entitled Evaluation, Environmental Protection Agen- Law, U.S. Coast Guard, Department of ‘‘NOAA Climate and Global Change Pro- cy, transmitting, pursuant to law, the report Transportation, transmitting, pursuant to gram’’ (RIN0648–ZA65), received August 10, of a rule entitled ‘‘Pyridate; Pesticide Toler- law, the report of a rule entitled ‘‘Safety/Se- 1999; to the Committee on Commerce, ances for Emergency Exemptions’’ (FRL curity Zone Regulations; Port of New York/ Science, and Transportation. #6094–7), received August 10, 1999; to the New Jersey Annual Marine Events (CGD–13– EC–4765. A communication from the Dep- Committee on Agriculture, Nutrition, and 99–135)’’ (RIN2115–AF97) (1999–0051), received uty Assistant Administrator for Fisheries, Forestry. August 18, 1999; to the Committee on Com- Office of Sustainable Fisheries, National Ma- EC–4748. A communication from the Direc- merce, Science, and Transportation. rine Fisheries Service, Department of Com- tor, Office of Regulatory Management and EC–4757. A communication from the Chief, merce, transmitting, pursuant to law, the re- Information, Office of Policy, Planning and Office of Regulations and Administrative port of a rule entitled ‘‘Interim Final Rule to Evaluation, Environmental Protection Agen- Law, U.S. Coast Guard, Department of Adjust the Gulf of Maine Cod Landing cy, transmitting, pursuant to law, the report Transportation, transmitting, pursuant to Limit’’ (RIN0648–AM87), received August 18, of a rule entitled ‘‘Pyriproxyfen; Reestab- law, the report of a rule entitled ‘‘Regatta 1999; to the Committee on Commerce, lishment of Tolerances for Emergency (FRL Regulations; SLR; Rising Sun Regatta Ohio Science, and Transportation. #6098–1), received August 12, 1999; to the River Mile 505.0–507.0, Rising Sun, IN (CGD– EC–4766. A communication from the Direc- Committee on Agriculture, Nutrition, and 08–99–049)’’ (RIN2115–AE46) (1999–0032), re- tor, Office of Sustainable Fisheries, National Forestry. ceived August 10, 1999; to the Committee on Marine Fisheries Service, Department of EC–4749. A communication from the Ad- Commerce, Science, and Transportation. Commerce, transmitting, pursuant to law, ministrator, Agricultural Marketing Serv- EC–4758. A communication from the Chief, the report of a rule entitled ‘‘Closure for ice, Marketing and Regulatory Programs, Office of Regulations and Administrative Thornyhead Rockfish in the Western Regu- Department of Agriculture, transmitting, Law, U.S. Coast Guard, Department of latory Area of the Gulf of Alaska’’, received pursuant to law, the report of a rule entitled Transportation, transmitting, pursuant to August 10, 1999; to the Committee on Com- ‘‘Raisins Produced From Grapes Grown In law, the report of a rule entitled ‘‘Draw- merce, Science, and Transportation.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10594 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4767. A communication from the Acting ka to Retention of Sablefish With Trawl Department of the Treasury, transmitting, Director, Office of Sustainable Fisheries, Na- Gear’’, received August 18, 1999; to the Com- pursuant to law, the report of a rule entitled tional Marine Fisheries Service, Department mittee on Commerce, Science, and Transpor- ‘‘September 1999 Applicable Federal Rates’’ of Commerce, transmitting, pursuant to law, tation. (Revenue Ruling 99–37), received August 19, the report of a rule entitled ‘‘Fisheries off EC–4776. A communication from the Acting 1999; to the Committee on Finance. West Coast States in the Western Pacific; Director, Office of Sustainable Fisheries, Na- EC–4789. A communication from the Chief, Pacific Coast Groundfish Fishery; Trip Limit tional Marine Fisheries Service, Department Regulations Unit, Internal Revenue Service, Adjustments’’, received August 10, 1999; to of Commerce, transmitting, pursuant to law, Department of the Treasury, transmitting, the Committee on Commerce, Science, and the report of a rule entitled ‘‘Closure of the pursuant to law, the report of a rule entitled Transportation. Central Regulatory Area of the Gulf of Alas- ‘‘Announcement 99–89, Correction of Rev. EC–4768. A communication from the Acting ka to Directed Fishing for Pacific Ocean Rul. 99–23’’ (Ann. 99–89), received August 19, Director, Office of Sustainable Fisheries, Na- Perch’’, received August 12, 1999; to the Com- 1999; to the Committee on Finance. tional Marine Fisheries Service, Department mittee on Commerce, Science, and Transpor- EC–4790. A communication from the Chief, of Commerce, transmitting, pursuant to law, tation. Regulations Unit, Internal Revenue Service, the report of a rule entitled ‘‘Fisheries off EC–4777. A communication from the Acting Department of the Treasury, transmitting, West Coast States in the Western Pacific; Director, Office of Sustainable Fisheries, Na- pursuant to law, the report of a rule entitled West Coast Salmon Fisheries; Commercial tional Marine Fisheries Service, Department ‘‘1999 National Pool’’ (Rev. Proc. 99–23), re- Closure from Fort Ross to Point Reyes, CA; of Commerce, transmitting, pursuant to law, ceived August 24, 1999; to the Committee on Inseason Adjustment from Cape Flattery to the report of a rule entitled ‘‘Closure of the Finance. Leadbetter Point, WA’’, received August 10, Western Regulatory Area of the Gulf of Alas- EC–4791. A communication from the Chief, 1999; to the Committee on Commerce, ka to Retention of Other Rockfish’’, received Regulations Unit, Internal Revenue Service, Science, and Transportation. August 12, 1999; to the Committee on Com- Department of the Treasury, transmitting, EC–4769. A communication from the Acting merce, Science, and Transportation. pursuant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, Na- EC–4778. A communication from the Assist- ‘‘Weighted Average Interest Rate Update’’ tional Marine Fisheries Service, Department ant Secretary of Defense, transmitting, pur- (Notice 99–39), received August 24, 1999; to of Commerce, transmitting, pursuant to law, suant to law, a report relative to the imple- the Committee on Finance. the report of a rule entitled ‘‘Fisheries of the mentation of the TRICARE program; to the EC–4792. A communication from the Sec- Exclusive Economic Zone off Alaska: Pacific Committee on Armed Services. retary of Health and Human Services, trans- Ocean Perch in the Central Regulatory EC–4779. A communication from the Under mitting, pursuant to law, a report relative to Area’’, received August 10, 1999; to the Com- Secretary of the Navy, transmitting, pursu- the level of coverage and expenditures for re- mittee on Commerce, Science, and Transpor- ant to law, a report relative to the decision ligious nonmedical health care institutions tation. to study certain functions performed by for fiscal year 1997; to the Committee on Fi- EC–4770. A communication from the Acting military and civilian personnel for possible nance. Director, Office of Sustainable Fisheries, Na- performance by private contractors; to the EC–4793. A communication from the Sec- tional Marine Fisheries Service, Department Committee on Armed Services. retary of Transportation, transmitting, pur- of Commerce, transmitting, pursuant to law, EC–4780. A communication from the Sec- suant to law, a report entitled ‘‘Transition the report of a rule entitled ‘‘Fisheries of the retary of Defense, transmitting, the report of to Quieter Airplanes’’; to the Committee on Exclusive Economic Zone off Alaska: Pacific a retirement; to the Committee on Armed Commerce, Science, and Transportation. Ocean Perch in the Central Regulatory Services. EC–4794. A communication from the Sec- Area’’, received August 10, 1999; to the Com- EC–4781. A communication from the Assist- retary of the Treasury, transmitting, pursu- mittee on Commerce, Science, and Transpor- ant Secretary, Legislative Affairs, Depart- ant to law, a report relative to the Tele- tation. ment of State, transmitting, pursuant to communications Development Fund; to the EC–4771. A communication from the Acting law, a report relative to the Panama Canal Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, Na- Act of 1979; to the Committee on Armed Transportation. tional Marine Fisheries Service, Department Services. EC–4795. A communication from the Presi- of Commerce, transmitting, pursuant to law, EC–4782. A communication from the Presi- dent of The United States, transmitting, the report of a rule entitled ‘‘Fisheries of the dent of the United States, transmitting, pur- pursuant to law, a report relative to the na- Exclusive Economic Zone off Alaska: North- suant to law, a report relative to Iraq’s tional emergency with respect to Iraq; to the ern Rockfish in the Central Regulatory weapons of mass destruction programs; to Committee on Banking, Housing, and Urban Area’’, received August 10, 1999; to the Com- the Committee on Foreign Relations. Affairs. mittee on Commerce, Science, and Transpor- EC–4783. A communication from the Assist- EC–4796. A communication from the Acting tation. ant Legal Adviser for Treaty Affairs, Depart- Assistant Attorney General, transmitting, EC–4772. A communication from the Acting ment of State, transmitting, pursuant to pursuant to law, a report relative to the Director, Office of Sustainable Fisheries, Na- law, the report of the texts and background Equal Credit Opportunities Act for calendar tional Marine Fisheries Service, Department statements of international agreements, years 1996 and 1997; to the Committee on of Commerce, transmitting, pursuant to law, other than treaties; to the Committee on Banking, Housing, and Urban Affairs. the report of a rule entitled ‘‘Fisheries of the Foreign Relations. EC–4797. A communication from the Man- Exclusive Economic Zone off Alaska: North- EC–4784. A communication from the Direc- aging Director, Federal Housing Finance ern Rockfish in the Central Regulatory tor, Office of Government Ethics, transmit- Board, transmitting, pursuant to law, the re- Area’’, received August 10, 1999; to the Com- ting, pursuant to law, the report of a rule en- port of a rule entitled ‘‘Availability of Un- mittee on Commerce, Science, and Transpor- titled ‘‘Civil Monetary Penalties Inflation published Information’’ (RIN3069–AA81), re- tation. Adjustments for Ethics in Government Act ceived August 20, 1999; to the Committee on EC–4773. A communication from the Acting Violations’’ (RIN3209–AA00 & 3209–AA13), re- Banking, Housing, and Urban Affairs. Director, Office of Sustainable Fisheries, Na- ceived August 24, 1999; to the Committee on EC–4798. A communication from the Presi- tional Marine Fisheries Service, Department Governmental Affairs. dent and Chairman, Export-Import Bank of of Commerce, transmitting, pursuant to law, EC–4785. A communication from the Execu- the United States, transmitting, pursuant to the report of a rule entitled ‘‘Fisheries of the tive Director, Committee for Purchase from law, a report relative to a transaction in- Exclusive Economic Zone off Alaska: Deep- People who are Blind or Severely Disabled, volving U.S. exports to the People’s Republic Water Species Fishery by Vessels using transmitting, pursuant to law, the report of of China; to the Committee on Banking, Trawl Gear in the Gulf of Alaska’’, received a rule relative to additions to the Procure- Housing, and Urban Affairs. August 10, 1999; to the Committee on Com- ment List, received August 20, 1999; to the EC–4799. A communication from the Assist- merce, Science, and Transportation. Committee on Governmental Affairs. ant General Counsel For Regulations, De- EC–4774. A communication from the Acting EC–4786. A communication from the Chair- partment of Housing and Urban Develop- Director, Office of Sustainable Fisheries, Na- man and the President, The John F. Kennedy ment, transmitting, pursuant to law, the re- tional Marine Fisheries Service, Department Center for the Performing Arts, transmit- port of a rule entitled ‘‘Section 8 Tenant of Commerce, transmitting, pursuant to law, ting, pursuant to law, the 1998 annual report; Based Assistance; Statutory Merger of Sec- the report of a rule entitled ‘‘Fisheries of the to the Committee on Rules and Administra- tion 8 Certificate and Voucher Programs; No- Exclusive Economic Zone off Alaska: Deep- tion. tice of Change in Effective Date’’ (RIN2577– Water Species Fishery by Vessels using EC–4787. A communication from the Chief, AB91) (FR–4428–N–02), received August 24, Trawl Gear in the Gulf of Alaska’’, received Regulations Unit, Internal Revenue Service, 1999; to the Committee on Banking, Housing, August 10, 1999; to the Committee on Com- Department of the Treasury, transmitting, and Urban Affairs. merce, Science, and Transportation. pursuant to law, the report of a rule entitled EC–4800. A communication from the Assist- EC–4775. A communication from the Acting ‘‘Boyd Gaming Commission v. Commis- ant General Counsel For Regulations, De- Director, Office of Sustainable Fisheries, Na- sioner, Announcement 99–77’’ (Announce- partment of Housing and Urban Develop- tional Marine Fisheries Service, Department ment 99–77), received August 19, 1999; to the ment, transmitting, pursuant to law, the re- of Commerce, transmitting, pursuant to law, Committee on Finance. port of a rule entitled ‘‘Compliance Proce- the report of a rule entitled ‘‘Closure of the EC–4788. A communication from the Chief, dures for Affirmative Fair Housing Mar- Central Regulatory Area of the Gulf of Alas- Regulations Unit, Internal Revenue Service, keting; Nomenclature Change’’ (RIN2529–

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10595 AA87) (FR–4514–F–01), received August 24, transmitting, pursuant to law, the report of Gypsy Moth Host Materials from Canada’’ 1999; to the Committee on Banking, Housing, a rule entitled ‘‘General and Plastic Surgery (Docket #98–110–1), received August 20, 1999; and Urban Affairs. Devices, Effective Date of Requirement for to the Committee on Agriculture, Nutrition, EC–4801. A communication from the Assist- Premarket Approval of the Silicone Inflat- and Forestry. ant General Counsel For Regulations, De- able Breast Prosthesis’’ (RIN0910–A217), re- EC–4820. A communication from the Ad- partment of Housing and Urban Develop- ceived August 20, 1999; to the Committee on ministrator, Food Safety and Inspection ment, transmitting, pursuant to law, the re- Health, Education, Labor, and Pensions. Service, Department of Agriculture, trans- port of a rule entitled ‘‘HUD Acquisition EC–4811. A communication from the Acting mitting, pursuant to law, the report of a rule Regulation; Miscellaneous Revisions’’ Director, Office of Standards, Regulations, entitled ‘‘Electronic Freedom of Information (RIN2525–AA24) (FR–4115–I–01), received Au- and Variances, Mine Safety and Health Ad- Act’’ (Docket #99–034–F), received August 19, gust 24, 1999; to the Committee on Banking, ministration, Department of Labor, trans- 1999; to the Committee on Agriculture, Nu- Housing, and Urban Affairs. mitting, pursuant to law, the report of a rule trition, and Forestry. EC–4802. A communication from the Assist- entitled ‘‘Removal of 30 CFR Parts 26 and 29; EC–4821. A communication from the Ad- ant General Counsel, Office of the Chief Fi- Removal of 30 CFR Part 75, Subpart S and ministrator, Food Safety and Inspection nancial Officer, Department of Education, Revision of Subpart I’’ (RIN1219–AA98), re- Service, Department of Agriculture, trans- transmitting, pursuant to law, the report of ceived August 20, 1999; to the Committee on mitting, pursuant to law, the report of a rule a rule entitled ‘‘Final Regulations: Direct Health, Education, Labor, and Pensions. entitled ‘‘Use of Soy Protein Concentrate, Grant Programs’’, received August 24, 1999; EC–4812. A communication from the Acting Modified Food Starch, and Carrageenan as to the Committee on Health, Education, Director, Office of Standards, Regulations, Binders in Certain Meat Products’’ (RIN0583– Labor, and Pensions. and Variances, Mine Safety and Health Ad- AB82), received August 20, 1999; to the Com- EC–4803. A communication from the Gen- ministration, Department of Labor, trans- mittee on Agriculture, Nutrition, and For- eral Counsel, Federal Emergency Manage- mitting, pursuant to law, the report of a rule estry. ment Agency, transmitting, pursuant to law, entitled ‘‘Safety Standard for Preshift Ex- EC–4822. A communication from the Ad- the report of a rule entitled ‘‘Suspension of aminations in Underground Coal Mines’’ ministrator, Agricultural Marketing Serv- Community Eligibility; 64 FR 44421; 08/16/99’’ (RIN1219–AB10), received August 20, 1999; to ice, Department of Agriculture, transmit- (Docket No. FEMA–7719), received August 20, the Committee on Health, Education, Labor, ting, pursuant to law, the report of a rule en- 1999; to the Committee on Banking, Housing, and Pensions. titled ‘‘Pork Promotion, Research, and Con- and Urban Affairs. EC–4813. A communication from the Acting sumer Information Order—Decrease in Im- EC–4804. A communication from the Sec- Director, Office of Standards, Regulations, porter Assessments’’ (LS–99–03), received Au- retary, Division of Investment Management, and Variances, Mine Safety and Health Ad- gust 19, 1999; to the Committee on Agri- Securities and Exchange Commission, trans- ministration, Department of Labor, trans- culture, Nutrition, and Forestry. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–4823. A communication from the Direc- entitled ‘‘Amendments to Rule 17j–1 under entitled ‘‘Calibration and Maintenance Pro- tor, Office of Procurement and Property the Investment Company Act of 1940; Per- cedures for Wet-Test Meters and Coal Mine Management, Department of Agriculture, sonal Investment Activities of Investment Respirable Dust Samplers’’ (RIN1219–AA98), transmitting, pursuant to law, the report of Company Personnel’’ (RIN3235–AG27), re- received August 20, 1999; to the Committee a rule entitled ‘‘Agriculture Acquisition Reg- ceived August 24, 1999; to the Committee on on Health, Education, Labor, and Pensions. ulation; Part 413 Reorganization; Simplified Banking, Housing, and Urban Affairs. EC–4814. A communication from the Assist- Acquisition Procedures’’ (RIN0599–AA04), re- EC–4805. A communication from the Sec- ant General Counsel for Regulatory Law, Of- ceived August 20, 1999; to the Committee on retary of Health and Human Services, trans- fice of Environment, Safety and Health, De- Agriculture, Nutrition, and Forestry. mitting, pursuant to law, a report entitled partment of Energy, transmitting, pursuant EC–4824. A communication from the Acting ‘‘Performance Improvement 1999: Evaluation to law, the report of a rule entitled ‘‘Radi- Director, Fish and Wildlife Service, Depart- Activities of the U.S. Department of Health ation-Generating Devices Guide’’ (DOE G ment of the Interior, transmitting, pursuant and Human Services’’ for fiscal year 1998; to 441.1–5), received August 20, 1999; to the Com- to law, the report of a rule entitled ‘‘Endan- the Committee on Health, Education, Labor, mittee on Energy and Natural Resources. gered and Threatened Wildlife and Plants; and Pensions. EC–4815. A communication from the Assist- Final Rule to Remove the American Per- EC–4806. A communication from the Chair- ant General Counsel for Regulatory Law, Of- egrine Falcon from the Federal Lists of En- man, National Committee on Vital and fice of Environment, Safety and Health, De- dangered and Threatened Wildlife; and to Re- Health Statistics, transmitting, pursuant to partment of Energy, transmitting, pursuant move the Similarity of Appearance Provi- law, a report relative to the implementation to law, the report of a rule entitled ‘‘Evalua- sion for Free-Flying Peregrines in the of the administrative simplification provi- tion and Control of Radiation Dose to the Conterminous United States’’ (RIN1018– sions of the ‘‘Health Insurance Portability Embryo/Fetus Guide’’ (DOE G 441.1–6), re- AF04), received August 20, 1999; to the Com- and Accountability Act’’; to the Committee ceived August 20, 1999; to the Committee on mittee on Environment and Public Works. on Health, Education, Labor, and Pensions. Energy and Natural Resources. EC–4825. A communication from the Acting EC–4807. A communication from the Direc- EC–4816. A communication from the Assist- Assistant Secretary for Fish and Wildlife and tor, Regulations Policy and Management ant General Counsel for Regulatory Law, Of- Parks, Fish and Wildlife Service, Depart- Staff, Food and Drug Administration, De- fice of Environment, Safety and Health, De- ment of the Interior, transmitting, pursuant partment of Health and Human Services, partment of Energy, transmitting, pursuant to law, the report of a rule entitled ‘‘Migra- transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Work tory Bird Hunting; Approval of Tungsten- a rule entitled ‘‘Indirect Food Additives: Ad- Authorization System’’ (DOE O 412.1), re- iron and Tungsten-polymer Shots, and Tem- juvants, Production Aids, and Sanitizers’’ ceived August 20, 1999; to the Committee on porary Approval of Tungsten-matrix and Tin (98F–0571), received August 20, 1999; to the Energy and Natural Resources. Shots as Nontoxic for Hunting Waterfowl Committee on Health, Education, Labor, and EC–4817. A communication from the Acting and Coots’’ (RIN1018–AF65), received August Pensions. Assistant Secretary of the Interior, Bureau 18, 1999; to the Committee on Environment EC–4808. A communication from the Direc- of Land Management, transmitting, pursu- and Public Works. tor, Regulations Policy and Management ant to law, the report of a rule entitled ‘‘Lo- EC–4826. A communication from the Acting Staff, Food and Drug Administration, De- cation, Recording, and Maintenance of Min- Assistant Secretary for Fish and Wildlife and partment of Health and Human Services, ing Claims’’ (RIN1004–AD31), received August Parks, Fish and Wildlife Service, Depart- transmitting, pursuant to law, the report of 19, 1999; to the Committee on Energy and ment of the Interior, transmitting, pursuant a rule entitled ‘‘Indirect Food Additives: Ad- Natural Resources. to law, the report of a rule entitled ‘‘Migra- juvants, Production Aids, and Sanitizers’’ EC–4818. A communication from the Con- tory Bird Hunting; Final Frameworks for (98F–0570), received August 20, 1999; to the gressional Review Coordinator, Regulatory Early Season Migratory Bird Hunting Regu- Committee on Health, Education, Labor, and Analysis and Development, Policy and Pro- lations’’ (RIN1018–AF24), received August 24, Pensions. gram Development, Animal and Plant Health 1999; to the Committee on Environment and EC–4809. A communication from the Direc- Inspection Service, Department of Agri- Public Works. tor, Regulations Policy and Management culture, transmitting, pursuant to law, the EC–4827. A communication from the Assist- Staff, Food and Drug Administration, De- report of a rule entitled ‘‘Mediterranean ant Secretary for Fish and Wildlife and partment of Health and Human Services, Fruit Fly; Removal of Quarantined Area’’ Parks, Fish and Wildlife Service, Depart- transmitting, pursuant to law, the report of (Docket #98–083–5), received August 20, 1999; ment of the Interior, transmitting, pursuant a rule entitled ‘‘Over-the-Counter Drug Prod- to the Committee on Agriculture, Nutrition, to law, the report of a rule entitled ‘‘Migra- ucts Containing Colloidal Silver Ingredients and Forestry. tory Bird Hunting: Migratory Bird Hunting of Silver Salts’’ (96N–0144), received August EC–4819. A communication from the Con- Regulations on Certain Federal Indian Res- 20, 1999; to the Committee on Health, Edu- gressional Review Coordinator, Regulatory ervations and Ceded Lands for the 1999–2000 cation, Labor, and Pensions. Analysis and Development, Policy and Pro- Early Season’’ (RIN1018–AF24), received Au- EC–4810. A communication from the Direc- gram Development, Animal and Plant Health gust 24, 1999; to the Committee on Environ- tor, Regulations Policy and Management Inspection Service, Department of Agri- ment and Public Works. Staff, Food and Drug Administration, De- culture, transmitting, pursuant to law, the EC–4828. A communication from the Assist- partment of Health and Human Services, report of a rule entitled ‘‘Importation of ant Secretary for Fish and Wildlife and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10596 CONGRESSIONAL RECORD — SENATE September 8, 1999 Parks, Fish and Wildlife Service, Depart- EC–4837. A communication from the Assist- EC–4848. A communication from the Pro- ment of the Interior, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- gram Analyst, Office of the Chief Counsel, to law, the report of a rule entitled ‘‘Migra- ment of State, transmitting, pursuant to the Federal Aviation Administration, Depart- tory Bird Hunting: Early Season and Bag and Arms Export Control Act, the report of a ment of Commerce, transmitting, pursuant Possession Limits for Certain Migratory certification of a proposed Manufacturing to law, the report of a rule entitled ‘‘Revi- Game Birds in the Contiguous United States, License Agreement for the export of defense sions to Digital Flight Recorder Require- Alaska, Hawaii, Puerto Rico and the Virgin services, under a contract in the amount of ments for Airbus Airplanes (8–24/8–23)’’ Islands’’ (RIN1018–AF24), received August 24, $50,000,000 or more with Canada; to the Com- (RIN2120–AG88), received August 24, 1999; to 1999; to the Committee on Environment and mittee on Foreign Relations. the Committee on Commerce, Science, and Public Works. EC–4838. A communication from the Assist- Transportation. EC–4829. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- EC–4849. A communication from the Pro- tor, Office of Congressional Affairs, Nuclear ment of State, transmitting, pursuant to the gram Analyst, Office of the Chief Counsel, Material Safety and Safeguards, Nuclear Arms Export Control Act, the report of a Federal Aviation Administration, Depart- Regulatory Commission, transmitting, pur- certification of a proposed Manufacturing ment of Commerce, transmitting, pursuant suant to law, the report of a rule entitled ‘‘10 License Agreement for the export of defense to law, the report of a rule entitled ‘‘Normal CFR Part 76, Certification Renewal and services, under a contract in the amount of Category Rotorcraft Maximum Weight and Amendment Processes’’ (RIN3150–AF85), re- $50,000,000 or more with Italy and Spain; to Passenger Seat Limitation (8–18/8–16)’’ ceived August 19, 1999; to the Committee on the Committee on Foreign Relations. (RIN2120–AF33), received August 18, 1999; to Environment and Public Works. EC–4839. A communication from the Assist- the Committee on Commerce, Science, and EC–4830. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- Transportation. tor, Office of Regulatory Management and ment of State, transmitting, pursuant to the EC–4850. A communication from the Pro- Information, Office of Policy, Planning and Arms Export Control Act, the report of a gram Analyst, Office of the Chief Counsel, Evaluation, Environmental Protection Agen- certification of a proposed Manufacturing Federal Aviation Administration, Depart- cy, transmitting, pursuant to law, the report License Agreement for the export of defense ment of Commerce, transmitting, pursuant of a rule entitled ‘‘Approval and Promulga- services, under a contract in the amount of to law, the report of a rule entitled ‘‘Air- tion of Air Quality Implementation Plans; $50,000,000 or more with Japan; to the Com- space and Flight Operations Requirements State of Colorado; Colorado Springs Carbon mittee on Foreign Relations. for Kodak Albuquerque International Bal- Monoxide Redesignation to Attainment, Des- EC–4840. A communication from the Assist- loon Fiesta; Albuquerque, NM (8–17/16)’’ ignation of Areas for Air Quality Planning ant Secretary, Legislative Affairs, Depart- (RIN2120–AG79), received August 18, 1999; to Purposes, and Approval of a Related Revi- ment of State, transmitting, pursuant to the the Committee on Commerce, Science, and sion’’ (FRL #6410–7), received August 19, 1999; Arms Export Control Act, the report of a Transportation. EC–4851. A communication from the Pro- to the Committee on Environment and Pub- certification of a proposed Manufacturing gram Analyst, Office of the Chief Counsel, lic Works. License Agreement with Germany; to the Federal Aviation Administration, Depart- EC–4831. A communication from the Direc- Committee on Foreign Relations. tor, Office of Regulatory Management and EC–4841. A communication from the Assist- ment of Commerce, transmitting, pursuant Information, Office of Policy, Planning and ant Secretary, Legislative Affairs, Depart- to law, the report of a rule entitled ‘‘Stand- Evaluation, Environmental Protection Agen- ment of State, transmitting, pursuant to the ard Instrument Approach Procedures; Mis- cy, transmitting, pursuant to law, the report Arms Export Control Act, the report of a cellaneous Amendments (18); Amdt. No. 1945 of a rule entitled ‘‘Incorporation by Ref- certification of a proposed Manufacturing (8–13/8–16)’’ (RIN2120–AA65) (1999–0041), re- ceived August 18, 1999; to the Committee on erence of State Hazardous Waste Manage- License Agreement with France; to the Com- Commerce, Science, and Transportation. ment Program’’ (FRL #6423–8), received Au- mittee on Foreign Relations. EC–4852. A communication from the Pro- EC–4842. A communication from the Assist- gust 20, 1999; to the Committee on Environ- gram Analyst, Office of the Chief Counsel, ant Secretary, Legislative Affairs, Depart- ment and Public Works. Federal Aviation Administration, Depart- EC–4832. A communication from the Assist- ment of State, transmitting, pursuant to the ment of Commerce, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- Arms Export Control Act, the report of a to law, the report of a rule entitled ‘‘Amend- ment of State, transmitting, pursuant to the certification of a proposed Manufacturing ment to Class E Airspace; Emporia, KS; Di- Arms Export Control Act, the report of a License Agreement with Belgium and the rect Final Rule; Confirmation of Effective certification of a proposed license for the ex- Netherlands; to the Committee on Foreign Date; Docket No. 99–ACE–24 (8–16/8–16)’’ port of defense articles or services, under a Relations. (RIN2120–AA66) (1999–0266), received August EC–4843. A communication from the Assist- contract, in the amount of $50,000,000 or more 18, 1999; to the Committee on Commerce, ant Secretary, Legislative Affairs, Depart- to Japan; to the Committee on Foreign Rela- Science, and Transportation. tions. ment of State, transmitting, pursuant to the EC–4853. A communication from the Pro- EC–4833. A communication from the Assist- Arms Export Control Act, the report of a gram Analyst, Office of the Chief Counsel, ant Secretary, Legislative Affairs, Depart- certification of a proposed Manufacturing Federal Aviation Administration, Depart- ment of State, transmitting, pursuant to the License Agreement with Japan; to the Com- ment of Commerce, transmitting, pursuant Arms Export Control Act, the report of a mittee on Foreign Relations. to law, the report of a rule entitled ‘‘Amend- certification of a proposed license for the ex- EC–4844. A communication from the Assist- ment to Class E Airspace; Rolly/Vichy, MO; port of defense articles or services, under a ant Secretary, Legislative Affairs, Depart- Direct Final Rule; Confirmation of Effective contract, in the amount of $50,000,000 or more ment of State, transmitting, pursuant to the Date; Docket No. 99–ACE–26 (8–16/8–16)’’ to Russia; to the Committee on Foreign Re- Arms Export Control Act, the report of a (RIN2120–AA66) (1999–0265), received August lations. certification of a proposed Technical Assist- 18, 1999; to the Committee on Commerce, EC–4834. A communication from the Assist- ance Agreement with Japan; to the Com- Science, and Transportation. ant Secretary, Legislative Affairs, Depart- mittee on Foreign Relations. EC–4854. A communication from the Pro- ment of State, transmitting, pursuant to the EC–4845. A communication from the Presi- gram Analyst, Office of the Chief Counsel, Arms Export Control Act, the report of a dent of the United States, transmitting, pur- Federal Aviation Administration, Depart- certification of a proposed license for the ex- suant to law, a report relative to Haiti and ment of Commerce, transmitting, pursuant port of defense articles or services, under a the Foreign Operations, Export Financing to law, the report of a rule entitled ‘‘Amend- contract, in the amount of $50,000,000 or more and Related Programs Appropriations Act of ment to Class E Airspace; Lyons, KS; Direct to France; to the Committee on Foreign Re- 1999; to the Committee on Foreign Relations. Final Rule; Request for Comments; Docket lations. EC–4846. A communication from the Pro- No. 99–ACE–38 (8–16/8–16)’’ (RIN2120–AA66) EC–4835. A communication from the Assist- gram Analyst, Office of the Chief Counsel, (1999–0263), received August 18, 1999; to the ant Secretary, Legislative Affairs, Depart- Federal Aviation Administration, Depart- Committee on Commerce, Science, and ment of State, transmitting, pursuant to the ment of Commerce, transmitting, pursuant Transportation. Arms Export Control Act, the report of a to law, the report of a rule entitled ‘‘Trans- EC–4855. A communication from the Pro- certification of a proposed license for defense port Category Rotorcraft Performance; Final gram Analyst, Office of the Chief Counsel, articles and services in the amount of Rule; Request for Comments (8–19/8–16)’’ Federal Aviation Administration, Depart- $50,000,000 or more with Turkey; to the Com- (RIN2120–AG86), received August 19, 1999; to ment of Commerce, transmitting, pursuant mittee on Foreign Relations. the Committee on Commerce, Science, and to law, the report of a rule entitled ‘‘Amend- EC–4836. A communication from the Assist- Transportation. ment to Class E Airspace; Ava, MO; Direct ant Secretary, Legislative Affairs, Depart- EC–4847. A communication from the Pro- Final Rule; Request for Comments; Docket ment of State, transmitting, pursuant to the gram Analyst, Office of the Chief Counsel, No. 99–ACE–37 (8–16/8–16)’’ (RIN2120–AA66) Arms Export Control Act, the report of a Federal Aviation Administration, Depart- (1999–0264), received August 18, 1999; to the certification of a proposed Manufacturing ment of Commerce, transmitting, pursuant Committee on Commerce, Science, and License Agreement for the export of defense to law, the report of a rule entitled ‘‘Harmo- Transportation. services, under a contract in the amount of nization of Critical Parts Rotorcraft Regula- EC–4856. A communication from the Pro- $50,000,000 or more with the United Kingdom tions (8–2/8–23)’’ (RIN2120–AG60), received Au- gram Analyst, Office of the Chief Counsel, and France; to the Committee on Foreign gust 24, 1999; to the Committee on Com- Federal Aviation Administration, Depart- Relations. merce, Science, and Transportation. ment of Commerce, transmitting, pursuant

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10597 to law, the report of a rule entitled ‘‘Amend- No. 99–CE–20 (8–13/8–16)’’ (RIN2120–AA64) Department of the Treasury, transmitting, ment to Class E Airspace; Frederick Munic- (1999–0303), received August 18, 1999; to the pursuant to law, the report of a rule entitled ipal Airport, MD; Docket No. 99–AEA–04 (8– Committee on Commerce, Science, and ‘‘Repeal of Section 415(e)’’ (Notice 99–44), re- 18/8–19)’’ (RIN2120–AA66) (1999–0270), received Transportation. ceived August 18, 1999; to the Committee on August 19, 1999; to the Committee on Com- EC–4865. A communication from the Pro- Finance. merce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, EC–4877. A communication from the Chief, EC–4857. A communication from the Pro- Federal Aviation Administration, Depart- Regulations Unit, Internal Revenue Service, gram Analyst, Office of the Chief Counsel, ment of Commerce, transmitting, pursuant Department of the Treasury, transmitting, Federal Aviation Administration, Depart- to law, the report of a rule entitled ‘‘Air- pursuant to law, the report of a rule entitled ment of Commerce, transmitting, pursuant worthiness Directives: Boeing Model 777 Se- ‘‘TD 8380 Establishment of a Balanced Meas- to law, the report of a rule entitled ‘‘Amend- ries Airplanes; Docket No. 98–NM–275 (8–13/8– urement System’’ (RIN1545–AW80), received ment to Class E Airspace; Roosevelt Roads 16)’’ (RIN2120–AA64) (1999–03023), received Au- August 30, 1999; to the Committee on Fi- NS (Ofstie Field), PR; Docket No. 99–ASO– gust 18, 1999; to the Committee on Com- nance. (8–13/8–16)’’ (RIN2120–AA66) (1999–0267), re- merce, Science, and Transportation. EC–4878. A communication from the Chief, ceived August 18, 1999; to the Committee on EC–4866. A communication from the Sec- Regulations Unit, Internal Revenue Service, Commerce, Science, and Transportation. retary of Defense, transmitting, pursuant to Department of the Treasury, transmitting, EC–4858. A communication from the Pro- law, a report entitled ‘‘Adapting Military pursuant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, Sex Crime Investigations to Changing ‘‘Effective Date of Nondiscrimination Rules Federal Aviation Administration, Depart- Times’’; to the Committee on Armed Serv- for Certain Government Plans’’ (Notice 99– ment of Commerce, transmitting, pursuant ices. 40), received August 30, 1999; to the Com- to law, the report of a rule entitled ‘‘Estab- EC–4867. A communication from the Assist- mittee on Finance. lishment of Class E Airspace; Ossining, NY; ant Secretary of Defense, Health Affairs, EC–4879. A communication from the Execu- Docket No. 99–AEA–06 (8–13/8–16)’’ (RIN2120– transmitting, a report relative to Y2K com- tive Director, Committee for Purchase from AA66) (1999–0269), received August 18, 1999; to pliance and the TRICARE Management Ac- People who are Blind or Severely Disabled, the Committee on Commerce, Science, and tivity; to the Committee on Armed Services. transmitting, pursuant to law, the report of Transportation. EC–4868. A communication from the Assist- a rule relative to additions to the Procure- EC–4859. A communication from the Pro- ant Secretary of Defense, Force Management ment List, received August 30, 1999; to the gram Analyst, Office of the Chief Counsel, Policy, transmitting, pursuant to law, the Committee on Governmental Affairs. EC–4880. A communication from the Direc- Federal Aviation Administration, Depart- annual report on the effectiveness and costs tor, Office of Personnel Management, trans- ment of Commerce, transmitting, pursuant of the civilian voluntary separation incen- mitting, pursuant to law, the report of a rule to law, the report of a rule entitled ‘‘Revi- tive pay program for fiscal year 1998; to the entitled ‘‘Absence and Leave: Use of Re- sion of Class E Airspace; Lake Hood, Elmen- Committee on Armed Services. stored Leave’’ (RIN3206–AI71), received Au- dorf AFB, and Merrill Field, AK; Docket No. EC–4869. A communication from the Direc- gust 25, 1999; to the Committee on Govern- 99–AAL–6 (8–13/8–16)’’ (RIN2120–AA66) (1999– tor, Defense Procurement, Department of mental Affairs. Defense, transmitting, pursuant to law, the 0268), received August 18, 1999; to the Com- EC–4881. A communication from the Chair- mittee on Commerce, Science, and Transpor- report of a rule entitled ‘‘Short Form Re- man, Merit Systems Protection Board, tation. search Contract Clauses’’ (DFARS Case 99– transmitting, pursuant to law, a report enti- EC–4860. A communication from the Pro- D014), received August 26, 1999; to the Com- tled ‘‘The Role of Delegated Examining gram Analyst, Office of the Chief Counsel, mittee on Armed Services. Units: Hiring New Employees in a Decentral- Federal Aviation Administration, Depart- EC–4870. A communication from the Sec- ized Civil Service’’; to the Committee on ment of Commerce, transmitting, pursuant retary of Defense and the Secretary of En- Governmental Affairs. to law, the report of a rule entitled ‘‘Air- ergy, transmitting jointly, pursuant to law, EC–4882. A communication from the Under worthiness Directives: Airbus Model A310 Se- a report entitled ‘‘Tritium Production Tech- Secretary, Rural Development, Department ries; Docket No. 93–NM–125 (8–18/8–19)’’ nology Options’’; to the Committee on of Agriculture, transmitting, pursuant to (RIN2120–AA64) (1999–0305), received August Armed Services. law, the report of a rule entitled ‘‘Manufac- 19, 1999; to the Committee on Commerce, EC–4871. A communication from the Acting tured Housing Thermal Requirements’’ Science, and Transportation. Regulations Officer, Office of Process and In- (RIN0575–AC11), received August 30, 1999; to EC–4861. A communication from the Pro- novation Management, Social Security Ad- the Committee on Agriculture, Nutrition, gram Analyst, Office of the Chief Counsel, ministration, transmitting, pursuant to law, and Forestry. Federal Aviation Administration, Depart- the report of a rule entitled ‘‘Revised Med- EC–4883. A communication from the Dep- ment of Commerce, transmitting, pursuant ical Criteria for Determination of Disability, uty General Counsel, Small Business Admin- to law, the report of a rule entitled ‘‘Air- Endocrine System and Related Criteria’’ istration, transmitting, pursuant to law, the worthiness Directives: Schweizer Aircraft (RIN0960–AE65), received August 26, 1999; to report of a rule entitled ‘‘Liquidation and Corporation Model 269A, 269A–1, 269B, 269C, the Committee on Finance. Sale of Commercial Loans’’, received August 269C–1, and 269D Helicopters; Request for EC–4872. A communication from the Chief, 25, 1999; to the Committee on Small Busi- Comments; Docket No. 98–SW–31 (8–18/8–19)’’ Regulations Unit, Internal Revenue Service, ness. (RIN2120–AA64) (1999–0304), received August Department of the Treasury, transmitting, EC–4884. A communication from the Direc- 19, 1999; to the Committee on Commerce, pursuant to law, the report of a rule entitled tor, Office of Regulatory Management and Science, and Transportation. ‘‘Capital Gains, Installment Sales, Information, Office of Policy, Planning and EC–4862. A communication from the Pro- Unrecaptured Section 1250 Gain’’ (RIN1545– Evaluation, Environmental Protection Agen- gram Analyst, Office of the Chief Counsel, AW85), received August 26, 1999; to the Com- cy, transmitting, pursuant to law, the report Federal Aviation Administration, Depart- mittee on Finance. of a rule entitled ‘‘Chlorfenapyr; Re-Estab- ment of Commerce, transmitting, pursuant EC–4873. A communication from the Chief, lishment of Tolerances for Emergency’’ to law, the report of a rule entitled ‘‘Air- Regulations Unit, Internal Revenue Service, (FRL #6095–8), received August 26, 1999; to worthiness Directives: Empressa Brasileira Department of the Treasury, transmitting, the Committee on Agriculture, Nutrition, de Aeronautica, S.A. Model EMB–120 Series pursuant to law, the report of a rule entitled and Forestry. Airplanes; Docket No. 98–NM–233 (8–18/8–19)’’ ‘‘Coordinated Issue: All Industries—Research EC–4885. A communication from the Direc- (RIN2120–AA64) (1999–0306), received August Tax Credit—Qualified Research’’ (UIL–41.51– tor, Office of Regulatory Management and 19, 1999; to the Committee on Commerce, 11), received August 26, 1999; to the Com- Information, Office of Policy, Planning and Science, and Transportation. mittee on Finance. Evaluation, Environmental Protection Agen- EC–4863. A communication from the Pro- EC–4874. A communication from the Chief, cy, transmitting, pursuant to law, the report gram Analyst, Office of the Chief Counsel, Regulations Unit, Internal Revenue Service, of a rule entitled ‘‘Cymoxanil; Extension of Federal Aviation Administration, Depart- Department of the Treasury, transmitting, Tolerances for Emergency Exemptions’’ ment of Commerce, transmitting, pursuant pursuant to law, the report of a rule entitled (FRL #6094–4), received August 26, 1999; to to law, the report of a rule entitled ‘‘Air- ‘‘Coordinated Issue: All Industries—Research the Committee on Agriculture, Nutrition, worthiness Directives: Israel Aircraft Indus- Tax Credit—Internal Use Software’’ (UIL– and Forestry. tries, Ltd., Model Asta SPX Series Airplanes; 41.51–10), received August 26, 1999; to the EC–4886. A communication from the Direc- Request for Comments; Docket No. 99–NM– Committee on Finance. tor, Office of Regulatory Management and 204 (8–18/8–19)’’ (RIN2120–AA64) (1999–0307), re- EC–4875. A communication from the Chief, Information, Office of Policy, Planning and ceived August 19, 1999; to the Committee on Regulations Unit, Internal Revenue Service, Evaluation, Environmental Protection Agen- Commerce, Science, and Transportation. Department of the Treasury, transmitting, cy, transmitting, pursuant to law, the report EC–4864. A communication from the Pro- pursuant to law, the report of a rule entitled of a rule entitled ‘‘Difenoconazole; Pesticide gram Analyst, Office of the Chief Counsel, ‘‘Rev. Rul. 99–31, BLS–LIFO Department Tolerances for Emergency Exemptions’’ Federal Aviation Administration, Depart- Store Indexes—July 1999’’ (Rev. Rul. 99–31), (FRL #6094–3), received August 26, 1999; to ment of Commerce, transmitting, pursuant received August 26, 1999; to the Committee the Committee on Agriculture, Nutrition, to law, the report of a rule entitled ‘‘Air- on Finance. and Forestry. worthiness Directives: Pilatus Aircraft, Ltd. EC–4876. A communication from the Chief, EC–4887. A communication from the Con- Models PC–12 and PC–12/45 Airplanes; Docket Regulations Unit, Internal Revenue Service, gressional Review Coordinator, Regulatory

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10598 CONGRESSIONAL RECORD — SENATE September 8, 1999 Analysis and Development, Policy and Pro- Energy Program’’ (RIN1904–AB01), received Information, Office of Policy, Planning and gram Development, Animal and Plant Health August 25, 1999; to the Committee on Energy Evaluation, Environmental Protection Agen- Inspection Service, Department of Agri- and Natural Resources. cy, transmitting, pursuant to law, the report culture, transmitting, pursuant to law, the EC–4898. A communication from the Assist- of a rule entitled ‘‘Clean Air Act Approval report of a rule entitled ‘‘Viruses, Serums, ant General Counsel for Regulatory Law, De- and Promulgation of Air Quality Implemen- Toxins, and Analogous Products; Update of partment of Energy, transmitting, pursuant tation Plan Revision for North Dakota; Revi- Incorporation by Reference for Rabies Vac- to law, the report of a rule entitled ‘‘Posting sions to the Air Pollution Control Rules; cine’’ (Docket No. 97–103–2), received August and Labeling for Radiological Control Delegation of Authority for New Source Per- 25, 1999; to the Committee on Agriculture, Guide’’ (DOE G 441.1–10), received August 25, formance Standards’’ (FRL #6426–5), received Nutrition, and Forestry. 1999; to the Committee on Energy and Nat- August 24, 1999; to the Committee on Envi- EC–4888. A communication from the Ad- ural Resources. ronment and Public Works. ministrator, Agricultural Marketing Serv- EC–4899. A communication from the Assist- EC–4910. A communication from the Direc- ice, Department of Agriculture, transmit- ant General Counsel for Regulatory Law, De- tor, Office of Regulatory Management and ting, pursuant to law, the report of a rule en- partment of Energy, transmitting, pursuant Information, Office of Policy, Planning and titled ‘‘Soybean Promotion and Research to law, the report of a rule entitled ‘‘Radi- Evaluation, Environmental Protection Agen- Program: Procedures to Request a Ref- ation Safety Training Guide’’ (DOE G 441.1– cy, transmitting, pursuant to law, the report erendum, LS–98–001’’, received August 25, 12), received August 10, 1999; to the Com- of a rule entitled ‘‘Approval and Promulga- 1999; to the Committee on Agriculture, Nu- mittee on Energy and Natural Resources. tion of Implementation Plans, California trition, and Forestry. EC–4900. A communication from the Assist- State Implementation Plan Revision, South EC–4889. A communication from the Ad- ant General Counsel for Regulatory Law, De- Coast Air Quality Management District, ministrator, Agricultural Marketing Serv- partment of Energy, transmitting, pursuant Ventura County Air Pollution Control Dis- ice, Department of Agriculture, transmit- to law, the report of a rule entitled ‘‘Air trict’’ (FRL #6425–5), received August 24, ting, pursuant to law, the report of a rule en- Monitoring Guide’’ (DOE G 441.1–8), received 1999; to the Committee on Environment and titled ‘‘Oranges and Grapefruit Grown in August 10, 1999; to the Committee on Energy Public Works. Lower Rio Grande Valley in Texas; Increased and Natural Resources. EC–4911. A communication from the Direc- Assessment Rate’’, (Docket No. FV99–906–2– EC–4901. A communication from the Assist- tor, Office of Regulatory Management and FR), received August 25, 1999; to the Com- ant General Counsel for Regulatory Law, De- Information, Office of Policy, Planning and mittee on Agriculture, Nutrition, and For- partment of Energy, transmitting, pursuant Evaluation, Environmental Protection Agen- estry. to law, the report of a rule entitled ‘‘Unclas- cy, transmitting, pursuant to law, the report EC–4890. A communication from the Ad- sified Cyber Security Program’’ (DOE N of a rule entitled ‘‘Acquisition Regulation: ministrator, Agricultural Marketing Serv- 205.1), received August 10, 1999; to the Com- Contracting by Negotiation’’ (FRL #6428–3), ice, Department of Agriculture, transmit- mittee on Energy and Natural Resources. received August 24, 1999; to the Committee ting, pursuant to law, the report of a rule en- EC–4902. A communication from the Assist- on Environment and Public Works. EC–4912. A communication from the Direc- titled ‘‘Tomatoes Grown in Florida; Partial ant General Counsel for Regulatory Law, De- tor, Office of Regulatory Management and Exemption from the Handling Regulation for partment of Energy, transmitting, pursuant Information, Office of Policy, Planning and Producer Field-Packed Tomatoes’’, (Docket to law, the report of a rule entitled ‘‘Exter- Evaluation, Environmental Protection Agen- No. FV98–966–2–IFR), received August 25, nal Dosimetry Program Guide’’ (DOE G cy, transmitting, pursuant to law, the report 1999; to the Committee on Agriculture, Nu- 441.1–4), received August 10, 1999; to the Com- of a rule entitled ‘‘Approval and Promulga- trition, and Forestry. mittee on Energy and Natural Resources. tion of Air Quality Implementation Plans, EC–4891. A communication from the Direc- EC–4903. A communication from the Assist- Massachusetts: Reasonably Available Con- tor, Office of Regulations Management, Vet- ant General Counsel for Regulatory Law, De- trol Technology for Major Stationary erans Benefits Administration, Department partment of Energy, transmitting, pursuant Sources of Nitrogen Oxides and Nitrogen of Veterans Affairs, transmitting, pursuant to law, the report of a rule entitled ‘‘Internal Oxide Requirements at Municipal Waste to law, the report of a rule entitled ‘‘Vet- Dosimetry Program Guide’’ (DOE G 441.1–3), Combustors’’ (FRL #6425–45), received Au- erans Education: Increased Allowances for received August 10, 1999; to the Committee gust 24, 1999; to the Committee on Environ- the Educational Assistance Test Program’’ on Energy and Natural Resources. EC–4904. A communication from the Sec- ment and Public Works. (RIN2900–AJ40), received August 26, 1999; to EC–4913. A communication from the Direc- retary of Transportation, transmitting, pur- the Committee on Veterans’ Affairs. tor, Office of Regulatory Management and suant to law, a report relative to the EC–4892. A communication from the Direc- Information, Office of Policy, Planning and tor, Office of Regulations Management, Vet- Chittenden County Circumferential Highway Evaluation, Environmental Protection Agen- erans Benefits Administration, Department project in Vermont; to the Committee on En- cy, transmitting, pursuant to law, the report of Veterans Affairs, transmitting, pursuant vironment and Public Works. of a rule entitled ‘‘Approval and Promulga- EC–4905. A communication from the Direc- to law, the report of a rule entitled ‘‘Delega- tion of Implementation Plans, California tor, Federal Emergency Management Agen- tions of Authority; Tort Claims’’ (RIN2900– State Implementation Plan Revision, South AJ31), received August 25, 1999; to the Com- cy, transmitting, pursuant to law, a report Coast Air Quality Management District’’ mittee on Veterans’ Affairs. relative to the Stafford Act assistance for (FRL #6423–1), received August 24, 1999; to EC–4893. A communication from the Ad- Texas under Presidential emergency declara- the Committee on Environment and Public ministrator, Energy Information Adminis- tion FEMA–3127–EM; to the Committee on Works. tration, Department of Energy, transmit- Environment and Public Works. EC–4914. A communication from the Direc- ting, pursuant to law, a report entitled ‘‘An- EC–4906. A communication from the Gen- tor, Office of Regulatory Management and nual Energy Review 1998’’; to the Committee eral Counsel, Federal Emergency Manage- Information, Office of Policy, Planning and on Energy and Natural Resources. ment Agency, transmitting, pursuant to law, Evaluation, Environmental Protection Agen- EC–4894. A communication from the Assist- the report of a rule entitled ‘‘Disaster Assist- cy, transmitting, pursuant to law, the report ant General Counsel for Regulatory Law, De- ance; Redesign of Public Assistance Project of a rule entitled ‘‘Approval and Promulga- partment of Energy, transmitting, pursuant Administration; 64 FR 41827; 08/02/99’’ tion of Implementation Plans; California’’ to law, the report of a rule entitled ‘‘Safety (RIN3067–AC89), received August 5, 1999; to (FRL #6427–4), received August 24, 1999; to of Accelerator Facilities’’ (DOE O 420.2), re- the Committee on Environment and Public the Committee on Environment and Public ceived August 25, 1999; to the Committee on Works. Works. Energy and Natural Resources. EC–4907. A communication from the Asso- EC–4915. A communication from the Direc- EC–4895. A communication from the Assist- ciate Chief Counsel, Federal Highway Ad- tor, Office of Regulatory Management and ant General Counsel for Regulatory Law, De- ministration, Department of Transportation, Information, Office of Policy, Planning and partment of Energy, transmitting, pursuant transmitting, pursuant to law, the report of Evaluation, Environmental Protection Agen- to law, the report of a rule entitled ‘‘Nuclear a rule entitled ‘‘Commercial Driver Disquali- cy, transmitting, pursuant to law, the report Explosive and Weapon Surety Program’’ (AL fication Provisions’’ (RIN2125–AE28), re- of a rule entitled ‘‘Indiana: Final Authoriza- 452.1A), received August 25, 1999; to the Com- ceived August 30, 1999; to the Committee on tion of State Hazardous Waste Management mittee on Energy and Natural Resources. Environment and Public Works. Program Revision’’ (FRL #6430–4), received EC–4896. A communication from the Assist- EC–4908. A communication from the Direc- August 24, 1999; to the Committee on Envi- ant General Counsel for Regulatory Law, De- tor, Fish and Wildlife Service, Department of ronment and Public Works. partment of Energy, transmitting, pursuant the Interior, transmitting, pursuant to law, EC–4916. A communication from the Direc- to law, the report of a rule entitled ‘‘Occupa- the report of a rule entitled ‘‘Endangered tor, Office of Regulatory Management and tional Radiation Protection Record-Keeping and Threatened Wildlife and Plants; Threat- Information, Office of Policy, Planning and and Reporting Guide’’ (DOE G 441.1–11), re- ened Status for Lake Erie Water Snakes Evaluation, Environmental Protection Agen- ceived August 25, 1999; to the Committee on (Nerodia sipedon insularum) on the Offshore cy, transmitting, pursuant to law, the report Energy and Natural Resources. Islands of Western Lake Erie’’ (RIN1018– of a rule entitled ‘‘Louisiana: Final Author- EC–4897. A communication from the Assist- AC09), received August 26, 1999; to the Com- ization of State Hazardous Waste Manage- ant General Counsel for Regulatory Law, De- mittee on Environment and Public Works. ment Program Revision’’ (FRL #6428–6), re- partment of Energy, transmitting, pursuant EC–4909. A communication from the Direc- ceived August 26, 1999; to the Committee on to law, the report of a rule entitled ‘‘State tor, Office of Regulatory Management and Environment and Public Works.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10599 EC–4917. A communication from the Direc- EC–4925. A communication from the Sec- EC–4935. A communication from the Dep- tor, Office of Regulatory Management and retary of Health and Human Services, trans- uty Assistant Attorney General, Office of Information, Office of Policy, Planning and mitting, pursuant to law, a report relative to Policy Development, Department of Justice, Evaluation, Environmental Protection Agen- the Community Services Block Grant Act of transmitting, pursuant to law, the report of cy, transmitting, pursuant to law, the report 1981; to the Committee on Health, Education, a rule entitled ‘‘Civil Monetary Penalties In- of a rule entitled ‘‘Final Authorization and Labor, and Pensions. flation Adjustment’’ (RIN1105–AA48), re- Incorporation by Reference of State Haz- EC–4926. A communication from the Assist- ceived August 30, 1999; to the Committee on ardous Waste Management Program’’ (FRL ant General Counsel for Regulatory Services, the Judiciary. #6422–1), received August 26, 1999; to the Department of Education, transmitting, pur- EC–4936. A communication from the Dep- Committee on Environment and Public suant to law, the report of a rule entitled uty Congressional Liaison, Board of Gov- Works. ‘‘Teacher Quality Enhancement Grants Pro- ernors of the Federal Reserve System, trans- EC–4918. A communication from the Direc- gram’’ (RIN1840–AC67), received August 25, mitting, pursuant to law, the report of a rule tor, Office of Regulatory Management and 1999; to the Committee on Health, Education, entitled ‘‘Credit by Brokers and Dealers Information, Office of Policy, Planning and Labor, and Pensions. (Regulation T); List of Foreign Margin Evaluation, Environmental Protection Agen- EC–4927. A communication from the Assist- Stocks’’, received August 26, 1999; to the cy, transmitting, pursuant to law, the report ant General Counsel for Regulatory Services, Committee on Banking, Housing, and Urban of a rule entitled ‘‘Approval and Promulga- Department of Education, transmitting, pur- Affairs. tion of Air Quality Implementation Plans; suant to law, the report of a rule entitled EC–4937. A communication from the Direc- Commonwealth of Virginia; Enhanced In- ‘‘Projects with Industry (Technical Amend- tor, Financial Crimes Enforcement Network, spection and Maintenance Program’’ (FRL ments)’’ (34 CFR Part 379), received August Department of the Treasury, transmitting, #6428–8), received August 26, 1999; to the 27, 1999; to the Committee on Health, Edu- pursuant to law, the report of a rule entitled Committee on Environment and Public cation, Labor, and Pensions. ‘‘Amendment to the Bank Secrecy Act Regu- Works. EC–4928. A communication from the Assist- lations-Definitions Relating to, and Reg- EC–4919. A communication from the Direc- ant General Counsel for Regulatory Services, istration of, Money Services Businesses’’ tor, Office of Regulatory Management and Department of Education, transmitting, pur- (RIN1506–AA09), received August 19, 1999; to Information, Office of Policy, Planning and suant to law, the report of a rule entitled the Committee on Banking, Housing, and Evaluation, Environmental Protection Agen- ‘‘Training of Interpreters for Individuals Urban Affairs. cy, transmitting, pursuant to law, the report Who Are Deaf or Hard of Hearing and Indi- EC–4938. A communication from the Fed- of a rule entitled ‘‘Approval and Promulga- viduals Who Are Deaf-Blind’’ (CFDA No. eral Register Liaison Officer, Regulations tion of Implementations; Ohio Designation 84.160), received August 27, 1999; to the Com- and Legislation Division, Office of Thrift Su- of Areas for Air Quality Planning Purposes; mittee on Health, Education, Labor, and pervision, Department of the Treasury, Ohio’’ (FRL #6425–1), received August 26, Pensions. transmitting, pursuant to law, the report of EC–4929. A communication from the Direc- 1999; to the Committee on Environment and a rule entitled ‘‘Letters of Credit, Suretyship tor, Regulations Policy and Management Public Works. and Guaranty’’ (RIN1550–AB21), received Au- EC–4920. A communication from the Direc- Staff, Food and Drug Administration, De- gust 19, 1999; to the Committee on Banking, tor, Office of Regulatory Management and partment of Health and Human Services, Housing, and Urban Affairs. transmitting, pursuant to law, the report of EC–4939. A communication from the Presi- Information, Office of Policy, Planning and a rule entitled ‘‘Indirect Food Additives: Ad- dent of the United States, transmitting, pur- Evaluation, Environmental Protection Agen- hesives and Components of Coatings’’ (99F– suant to law, a report relative to the exten- cy, transmitting, pursuant to law, the report 0487), received August 25, 1999; to the Com- sion of the national emergency declared in of a rule entitled ‘‘Approval and Promulga- mittee on Health, Education, Labor, and Executive Order 12924 relating to the expira- tion of State Implementation Plans; Alaska’’ Pensions. tion of the Export Administration Act of (FRL #6412–7), received August 26, 1999; to EC–4930. A communication from the Direc- 1979; to the Committee on Banking, Housing, the Committee on Environment and Public tor, Regulations Policy and Management and Urban Affairs. Works. Staff, Food and Drug Administration, De- EC–4940. A communication from the Assist- EC–4921. A communication from the Direc- partment of Health and Human Services, ant Secretary for Export Administration, tor, Office of Regulatory Management and transmitting, pursuant to law, the report of Bureau of Export Administration, Depart- Information, Office of Policy, Planning and a rule entitled ‘‘Indirect Food Additives: Ad- ment of Commerce, transmitting, pursuant Evaluation, Environmental Protection Agen- juvants, Production Aids, and Sanitizers’’ to law, the report of a rule entitled ‘‘Edi- cy, transmitting, pursuant to law, the report (98F–1034), received August 25, 1999; to the torial Clarification and Revisions to the Ex- of a rule entitled ‘‘Pharmaceutical Manufac- Committee on Health, Education, Labor, and port Administration Regulations’’ (RIN0694– turing Category Effluent Limitations Guide- Pensions. AB81), received August 26, 1999; to the Com- lines, Pretreatment Standards, and New EC–4931. A communication from the Direc- mittee on Banking, Housing, and Urban Af- Source Performance Standards; Correcting tor, Regulations Policy and Management fairs. Amendments’’ (FRL #6431–8), received Au- Staff, Food and Drug Administration, De- EC–4941. A communication from the Assist- gust 30, 1999; to the Committee on Environ- partment of Health and Human Services, ant Secretary for Export Administration, ment and Public Works. transmitting, pursuant to law, the report of Bureau of Export Administration, Depart- EC–4922. A communication from the Direc- a rule entitled ‘‘Indirect Food Additives: ment of Commerce, transmitting, pursuant tor, Office of Regulatory Management and Polymers’’ (96F–0176), received August 25, to law, the report of a rule entitled ‘‘Exports Information, Office of Policy, Planning and 1999; to the Committee on Health, Education, and Reexports of Commercial Charges and Evaluation, Environmental Protection Agen- Labor, and Pensions. Devices Containing Energetic Materials’’ cy, transmitting, pursuant to law, the report EC–4932. A communication from the Direc- (RIN0694–AB98), received August 30, 1999; to of a rule entitled ‘‘Approval and Promulga- tor, Regulations Policy and Management the Committee on Banking, Housing, and tion of Air Quality Implementation Plans; Staff, Food and Drug Administration, De- Urban Affairs. Massachusetts; Volatile Organic Compound partment of Health and Human Services, EC–4942. A communication from the Presi- Regulations’’ (FRL #6421–8), received August transmitting, pursuant to law, the report of dent and Chairman, Export-Import Bank of 30, 1999; to the Committee on Environment a rule entitled ‘‘Food Additives Permitted in the United States, transmitting, pursuant to and Public Works. the Feed and Drinking Water of Animals; law, a report relative to a transaction in- EC–4923. A communication from the Direc- Menadione Nicotinamide Bisulfite’’ (98F– volving U.S. exports to the Kingdom of Saudi tor, Office of Regulatory Management and 0195), received August 30, 1999; to the Com- Arabia; to the Committee on Banking, Hous- Information, Office of Policy, Planning and mittee on Health, Education, Labor, and ing, and Urban Affairs. Evaluation, Environmental Protection Agen- Pensions. EC–4943. A communication from the Presi- cy, transmitting, pursuant to law, the report EC–4933. A communication from the Direc- dent and Chairman, Export-Import Bank of of a rule entitled ‘‘Approval and Promulga- tor, Regulations Policy and Management the United States, transmitting, pursuant to tion of Implementation Plans; California- Staff, Food and Drug Administration, De- law, a report relative to a transaction in- Owens Valley Nonattainment Area; PM–10’’ partment of Health and Human Services, volving U.S. exports to Mexico; to the Com- (FRL #6430–7), received August 30, 1999; to transmitting, pursuant to law, the report of mittee on Banking, Housing, and Urban Af- the Committee on Environment and Public a rule entitled ‘‘Food Additives Permitted in fairs. Works. the Feed and Drinking Water of Animals; EC–4944. A communication from the Pro- EC–4924. A communication from the Direc- Menadione Nicotinamide Bisulfite’’ (98F– gram Analyst, Office of the Chief Counsel, tor, Office of Regulatory Management and 0283), received August 30, 1999; to the Com- Federal Aviation Administration, Depart- Information, Office of Policy, Planning and mittee on Health, Education, Labor, and ment of Transportation, transmitting, pur- Evaluation, Environmental Protection Agen- Pensions. suant to law, the report of a rule entitled cy, transmitting, a report entitled ‘‘Approval EC–4934. A communication from the Solic- ‘‘Amendment to Class E Airspace; Smith and Promulgation of State Plans for Des- itor General, transmitting, a report relative Center, KS; Direct Final Rule; Request for ignated Facilities and Pollutants; Massachu- to the Supreme Court decision in ‘‘Greater Comments; Docket No. 99–ACE–32 (8–9/8–12)’’ setts; Plan for Controlling MWC Emissions New Orleans Broadcasting Association v. (RIN2120–AA66) (1999–0259), received August from Existing MWC Plants’’; to the Com- United States’’; to the Committee on the Ju- 12, 1999; to the Committee on Commerce, mittee on Environment and Public Works. diciary. Science, and Transportation.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10600 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4945. A communication from the Pro- ment of Transportation, transmitting, pur- ‘‘Modification of the Legal Description of gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled the Class E Airspace; Cincinnati, OH; Docket Federal Aviation Administration, Depart- ‘‘Modification to Class E Airspace; Kingman, No. 99–AGL–32 (8–27/8–30)’’ (RIN2120–AA66) ment of Transportation, transmitting, pur- AZ; Docket No. 97–AWP–12 (8–10/8–12)’’ (1999–0280), received August 30, 1999; to the suant to law, the report of a rule entitled (RIN2120–AA66) (1999–0255), received August Committee on Commerce, Science, and ‘‘Amendment to Class E Airspace; Jefferson, 12, 1999; to the Committee on Commerce, Transportation. IA; Direct Final Rule; Request for Com- Science, and Transportation. EC–4962. A communication from the Pro- ments; Docket No. 99–ACE–31 (8–9/8–12)’’ EC–4954. A communication from the Pro- gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0258), received August gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- 12, 1999; to the Committee on Commerce, Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- Science, and Transportation. ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled EC–4946. A communication from the Pro- suant to law, the report of a rule entitled ‘‘Standard Instrument Approach Procedures; gram Analyst, Office of the Chief Counsel, ‘‘Modification to Class E Airspace; Escanaba, Miscellaneous Amendments (97); Amdt. No. Federal Aviation Administration, Depart- MI; Docket No. 97–AGL–34 (8–27/8–30)’’ 1944 (8–13/8–16)’’ (RIN2120–AA65) (1999–0040), ment of Transportation, transmitting, pur- (RIN2120–AA66) (1999–0282), received August received August 18, 1999; to the Committee suant to law, the report of a rule entitled 30, 1999; to the Committee on Commerce, on Commerce, Science, and Transportation. ‘‘Amendment to Class E Airspace; Hebron, Science, and Transportation. EC–4963. A communication from the Pro- NE; Direct Final Rule; Request for Com- EC–4955. A communication from the Pro- gram Analyst, Office of the Chief Counsel, ments; Docket No. 99–ACE–27 (8–9/8–12)’’ gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- (RIN2120–AA66) (1999–0261), received August Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- 12, 1999; to the Committee on Commerce, ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled Science, and Transportation. suant to law, the report of a rule entitled ‘‘Airport Name Changes and Revision of EC–4947. A communication from the Pro- ‘‘Modification of the Class B Airspace Area, Legal Description of Class D, Class E2, and gram Analyst, Office of the Chief Counsel, Orlando, FL; and Modification of the Orlando Class E4 Airspace Areas; Barbers Point, HI; Federal Aviation Administration, Depart- Sanford Airport Class D Airspace Area; Docket No. 99–AWP–11 (8–12/8–12)’’ (RIN2120– ment of Transportation, transmitting, pur- Docket No. 95–AWA–4 (8–5/8–9)’’ (RIN2120– AA66) (1999–0252), received August 12, 1999; to suant to law, the report of a rule entitled AA66) (1999–0249), received August 10, 1999; to the Committee on Commerce, Science, and ‘‘Amendment to Class E Airspace; Wayne, the Committee on Commerce, Science, and Transportation. NE; Direct Final Rule; Request for Com- Transportation. EC–4964. A communication from the Pro- ments; Docket No. 99–ACE–29 (8–9/8–12)’’ EC–4956. A communication from the Pro- gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0262), received August gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- 12, 1999; to the Committee on Commerce, Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- Science, and Transportation. ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled EC–4948. A communication from the Pro- suant to law, the report of a rule entitled ‘‘Modification of VOR Federal Airways, MO; gram Analyst, Office of the Chief Counsel, ‘‘Revocation of Class E Airspace Lafayette, Direct Final Rule; Request for Comments; Federal Aviation Administration, Depart- Aretz Airport, IN; Docket No. 99–AGL–36 (8– Docket No. 99–ACE–14 (8–9/8–12)’’ (RIN2120– ment of Transportation, transmitting, pur- 27/8–30)’’ (RIN2120–AA66) (1999–0281), received AA66) (1999–0260), received August 12, 1999; to suant to law, the report of a rule entitled August 30, 1999; to the Committee on Com- the Committee on Commerce, Science, and ‘‘Amendment to Class E Airspace; Clarinda, merce, Science, and Transportation. Transportation. IA; Direct Final Rule; Confirmation of Effec- EC–4957. A communication from the Pro- EC–4965. A communication from the Pro- tive Date; Docket No. 99–ACE–17 (8–9/8–12)’’ gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0253), received August Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- 12, 1999; to the Committee on Commerce, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Science, and Transportation. suant to law, the report of a rule entitled suant to law, the report of a rule entitled EC–4949. A communication from the Pro- ‘‘Revision of Class E Airspace; Altus, OK; Di- ‘‘Airworthiness Directives: Boeing Model gram Analyst, Office of the Chief Counsel, rect Final Rule; Request for Comments; 727–600, –700, and –800 Series Airplanes; Re- Federal Aviation Administration, Depart- Docket No. 99–ASW–16 (8–5/8–9)’’ (RIN2120– quest for Comments; Docket No. 99–NM–188 ment of Transportation, transmitting, pur- AA66) (1999–0251), received August 10, 1999; to (8–9/8–12)’’ (RIN2120–AA64) (1999–0295), re- suant to law, the report of a rule entitled the Committee on Commerce, Science, and ceived August 12, 1999; to the Committee on ‘‘Amendment to Class E Airspace; Rock Rap- Transportation. Commerce, Science, and Transportation. ids, IA; Direct Final Rule; Delay of Effective EC–4958. A communication from the Pro- EC–4966. A communication from the Pro- Date; Docket No. 99–ACE–15 (8–11/8–12)’’ gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0254), received August Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- 12, 1999; to the Committee on Commerce, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Science, and Transportation. suant to law, the report of a rule entitled suant to law, the report of a rule entitled EC–4950. A communication from the Pro- ‘‘Revision of Class E Airspace; Antlers, OK; ‘‘Airworthiness Directives: Boeing Model gram Analyst, Office of the Chief Counsel, Direct Final Rule; Request for Comments; 747–400 Series Airplanes; Request for Com- Federal Aviation Administration, Depart- Docket No. 99–ASW–17 (8–5/8–9)’’ (RIN2120– ments; Docket No. 99–NM–180 (8–9/8–12)’’ ment of Transportation, transmitting, pur- AA66) (1999–0250), received August 10, 1999; to (RIN2120–AA64) (1999–0296), received August suant to law, the report of a rule entitled the Committee on Commerce, Science, and 12, 1999; to the Committee on Commerce, ‘‘Amendment to Class E Airspace; Babylon, Transportation. Science, and Transportation. NY; Docket No. 99–AEA–05 (8–4/8–12)’’ EC–4959. A communication from the Pro- EC–4967. A communication from the Pro- (RIN2120–AA66) (1999–0257), received August gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, 12, 1999; to the Committee on Commerce, Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- Science, and Transportation. ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- EC–4951. A communication from the Pro- suant to law, the report of a rule entitled suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, ‘‘Revision of Class E Airspace; Galveston, ‘‘Airworthiness Directives: Boeing Model Federal Aviation Administration, Depart- TX; Direct Final Rule; Confirmation of Ef- 747–400 Series Airplanes; Request for Com- ment of Transportation, transmitting, pur- fective Date; Docket No. 99–ASW–09 (8–5/8–9)’’ ments; Docket No. 99–NM–61 (8–9/8–12)’’ suant to law, the report of a rule entitled (RIN2120–AA66) (1999–0248), received August (RIN2120–AA64) (1999–0294), received August ‘‘Amendment to Class E Airspace; Thedford, 10, 1999; to the Committee on Commerce, 12, 1999; to the Committee on Commerce, NE; Docket No. 99–ACE–23 (8–10/8–12)’’ Science, and Transportation. Science, and Transportation. (RIN2120–AA66) (1999–0256), received August EC–4960. A communication from the Pro- EC–4968. A communication from the Pro- 12, 1999; to the Committee on Commerce, gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, Science, and Transportation. Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- EC–4952. A communication from the Pro- ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled suant to law, the report of a rule entitled Federal Aviation Administration, Depart- ‘‘Revision of Class E Airspace; Shreveport, ‘‘Airworthiness Directives: Raytheon Air- ment of Transportation, transmitting, pur- LA; Direct Final Rule; Confirmation of Ef- craft Company Model Beech 1900D Airplanes; suant to law, the report of a rule entitled fective Date; Docket No. 99–ASW–10 (8–5/8–9)’’ Docket No. 98–CE–123 (8–9/8–12)’’ (RIN2120– ‘‘Modification to Class D and Class E Air- (RIN2120–AA66) (1999–0247), received August AA64) (1999–0298), received August 12, 1999; to space; Terre Haute, IN; Docket No. 99–AGL– 10, 1999; to the Committee on Commerce, the Committee on Commerce, Science, and 35 (8–27/–30)’’ (RIN2120–AA66) (1999–0283), re- Science, and Transportation. Transportation. ceived August 30, 1999; to the Committee on EC–4961. A communication from the Pro- EC–4969. A communication from the Pro- Commerce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, EC–4953. A communication from the Pro- Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- suant to law, the report of a rule entitled suant to law, the report of a rule entitled

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10601 ‘‘Airworthiness Directives: Airbus Model mittee on Commerce, Science, and Transpor- Docket No. 99–NM–29 (8–223/8–26)’’ (RIN2120– A310 Series Airplanes; Docket No. 99–NM–16 tation. AA64) (1999–0318), received August 25, 1999; to (8–/8–12)’’ (RIN2120–AA64) (1999–0299), received EC–4978. A communication from the Pro- the Committee on Commerce, Science, and August 12, 1999; to the Committee on Com- gram Analyst, Federal Aviation Administra- Transportation. merce, Science, and Transportation. tion, Department of Transportation, trans- EC–4987. A communication from the Pro- EC–4970. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Office of the Chief Counsel, entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- Federal Aviation Administration, Depart- Class E Airspace: Eau Claire, WI; Docket No. mitting, pursuant to law, the report of a rule ment of Transportation, transmitting, pur- 99–AGL–28 (8–25/8–26)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; British suant to law, the report of a rule entitled 0273), received August 25, 1999; to the Com- Aerospace Model B Ae 146 and Model Avro ‘‘Airworthiness Directives: Bell Helicopters mittee on Commerce, Science, and Transpor- 146–RJ Series Airplanes; Docket No. 97–NM– Textron Model 230 Helicopters; Request for tation. 129 (8–23/8–26)’’ (RIN2120–AA64) (1999–0317), re- Comments; Docket No. 98–SW–52 (8–9/8–12)’’ EC–4979. A communication from the Pro- ceived August 25, 1999; to the Committee on (RIN2120–AA64) (1999–0297), received August gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. 12, 1999; to the Committee on Commerce, tion, Department of Transportation, trans- EC–4988. A communication from the Pro- Science, and Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–4971. A communication from the Pro- entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- gram Analyst, Office of the Chief Counsel, Class E Airspace: Minneapolis, MN; Docket mitting, pursuant to law, the report of a rule Federal Aviation Administration, Depart- No. 99–AGL–33 (8–26/8–25)’’ (RIN2120–AA66) entitled ‘‘Airworthiness Directives; Lock- ment of Transportation, transmitting, pur- (1999–0275), received August 25, 1999; to the heed Model L–1011 Series Airplanes; Docket suant to law, the report of a rule entitled Committee on Commerce, Science, and No. 98–NM–315 (8–20/8–23)’’ (RIN2120–AA64) ‘‘Airworthiness Directives: Bell Helicopters Transportation. (1999–0315), received August 25, 1999; to the Textron Model 204B, 205A and 205A–1 Heli- EC–4980. A communication from the Pro- Committee on Commerce, Science, and copters; Docket No. 98–SW–73 (8–12/8–12)’’ gram Analyst, Federal Aviation Administra- Transportation. (RIN2120–AA64) (1999–0300), received August tion, Department of Transportation, trans- EC–4989. A communication from the Pro- 12, 1999; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- EC–4972. A communication from the Pro- Class E Airspace: Sheridan, IN; Docket No. mitting, pursuant to law, the report of a rule gram Analyst, Office of the Chief Counsel, 99–AGL–31 (8–26/8–25)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; Bom- Federal Aviation Administration, Depart- 0276), received August 25, 1999; to the Com- bardier Model DHC–8 Series Airplanes; Dock- ment of Transportation, transmitting, pur- mittee on Commerce, Science, and Transpor- et No. 99–NM–55 (8–20/8–23)’’ (RIN2120–AA64) suant to law, the report of a rule entitled tation. (1999–0312), received August 24, 1999; to the ‘‘Airworthiness Directives: MD Helicopters, EC–4981. A communication from the Pro- Committee on Commerce, Science, and Inc. (MDHI) Model MD–900 Helicopters; gram Analyst, Federal Aviation Administra- Transportation. EC–4990. A communication from the Pro- Docket No. 98–SW–42 (8–6/8–9)’’ (RIN2120– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- AA64) (1999–0293), received August 12, 1999; to mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- the Committee on Commerce, Science, and entitled ‘‘Airspace Actions; Amendment of mitting, pursuant to law, the report of a rule Transportation. Class E Airspace: Fort Rucker, AL; Docket entitled ‘‘Airworthiness Directives; Pilatus, EC–4973. A communication from the Pro- No. 99–ASO–11 (8–26/8–24)’’ (RIN2120–AA66) Aircraft Ltd. Models PC–12 and PC–12/45 Air- gram Analyst, Office of the Chief Counsel, (1999–0279), received August 25, 1999; to the planes; Docket No. 99–CE–10 (8–20/8–23)’’ Federal Aviation Administration, Depart- Committee on Commerce, Science, and (RIN2120–AA64) (1999–0308), received August ment of Transportation, transmitting, pur- Transportation. 24, 1999; to the Committee on Commerce, suant to law, the report of a rule entitled EC–4982. A communication from the Pro- Science, and Transportation. gram Analyst, Federal Aviation Administra- ‘‘Airworthiness Directives: Airbus Model EC–4991. A communication from the Pro- tion, Department of Transportation, trans- A300, A310, and A300–600 Series Airplanes; Re- gram Analyst, Federal Aviation Administra- quest for Comments: Docket No. 99–NM–189 mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- (8–9/8–12)’’ (RIN2120–AA64) (1999–0301), re- entitled ‘‘Airspace Actions; Establishment of mitting, pursuant to law, the report of a rule ceived August 12, 1999; to the Committee on Class E Airspace: Tupelo, MS; Docket No. 9– entitled ‘‘Airworthiness Directives; Bell Hel- Commerce, Science, and Transportation. ASO–10 (8–26/8–24)’’ (RIN2120–AA66) (1999– icopter Textron, A Division of Textron Can- EC–4974. A communication from the Super- 0277), received August 25, 1999; to the Com- ada, Model 206L, L–1, L–3, and L–4 Heli- visory Attorney/Advisor, Common Carrier mittee on Commerce, Science, and Transpor- copters; Docket No. 99–SW–30–AD (8–20/8–23)’’ Bureau, Accounting Safeguards Division, tation. (RIN2120–AA64) (1999–0310), received August Federal Communications Commission, trans- EC–4983. A communication from the Pro- 24, 1999; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘1998 Biennial Regulatory Review- tion, Department of Transportation, trans- EC–4992. A communication from the Pro- Review of Cost Accounting and Cost Alloca- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion Requirements’’ (CC Docket No. 98–81) entitled ‘‘Airspace Actions; Removal of Class tion, Department of Transportation, trans- (FCC 99–106), received August 19, 1999; to the E Airspace: Arlington, TN; Docket No. 99– mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and ASO–16 (8–26/8–24)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; MD Heli- Transportation. 0278), received August 25, 1999; to the Com- copters; Model 600N Helicopters; Docket No. EC–4975. A communication from the Chief, mittee on Commerce, Science, and Transpor- 99–SW–16 (8–20/8–23)’’ (RIN2120–AA64) (1999– Policy and Rules Division, Office of Engi- tation. 0313), received August 24, 1999; to the Com- neering and Technology, Federal Commu- EC–4984. A communication from the Pro- mittee on Commerce, Science, and Transpor- nications Commission, transmitting, pursu- gram Analyst, Federal Aviation Administra- tation. ant to law, the report of a rule entitled ‘‘RF tion, Department of Transportation, trans- EC–4993. A communication from the Pro- Lighting Devices-Biennial Regulatory Re- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- view (ET Docket 98–42)’’ (ET Docket No. 98– entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- 42) (FCC 99–135), received August 19, 1999; to Model 737–700 and 800 Series Airplanes; Dock- mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and et No. 99–NM–179 (8–25/8–26)’’ (RIN2120–AA64) entitled ‘‘Airworthiness Directives; Allison Transportation. (1999–0316), received August 25, 1999; to the Engine Company, Inc. AE2100A and AE2100C EC–4976. A communication from the Pro- Committee on Commerce, Science, and Series Turboprop Engines; Docket No. 99– gram Analyst, Federal Aviation Administra- Transportation. NE–14 (8–20/8–23)’’ (RIN2120–AA64) (1999–0309), tion, Department of Transportation, trans- EC–4985. A communication from the Pro- received August 24, 1999; to the Committee mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- EC–4994. A communication from the Pro- Class E Airspace: La Crosse, WI; Docket No. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 99–AGL–29 (8–25/8–26)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- 0272), received August 25, 1999; to the Com- Model 757–200 and –300 Series Airplanes; mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- Docket No. 99–NM–06 (8–20/8–23)’’ (RIN2120– entitled ‘‘Airworthiness Directives; Pratt tation. AA64) (1999–0311), received August 24, 1999; to and Whitney PW4000A Series Turbofan En- EC–4977. A communication from the Pro- the Committee on Commerce, Science, and gines; Docket No. 99–NE–22 (8–20/8–23)’’ gram Analyst, Federal Aviation Administra- Transportation. (RIN2120–AA64) (1999–0314), received August tion, Department of Transportation, trans- EC–4986. A communication from the Pro- 24, 1999; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- EC–4995. A communication from the Sec- Class E Airspace: Mankato, MN; Docket No. mitting, pursuant to law, the report of a rule retary of Defense, transmitting, the report of 99–AGL–30 (8–26/8–25)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; Air Bus a retirement; to the Committee on Armed 0271), received August 25, 1999; to the Com- Model A319, A320, and A321 Series Airplanes; Services.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10602 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4996. A communication from the Senior ceived August 31, 1999; to the Committee on curity Zone Regulations; Decker Wedding Civilian Official, Command, Control, Com- Health, Education, Labor, and Pensions. Fireworks, Western Long Island Sound, Rye, munications, and Intelligence, Department EC–5007. A communication from the Direc- NY (CGD01–99–149)’’ (RIN2115–AA97) (1999– of Defense, transmitting, pursuant to law, a tor, Regulations Policy and Management 0053), received August 24, 1999; to the Com- report entitled ‘‘Plan for Development of an Staff, Food and Drug Administration, De- mittee on Commerce, Science, and Transpor- Enhanced Global Positioning System partment of Health and Human Services, tation. (GPS)’’, dated July, 1999; to the Committee transmitting, pursuant to law, the report of EC–5016. A communication from the Acting on Armed Services. a rule entitled ‘‘Substantial Evidence of Ef- Chief, Office of Regulations and Administra- EC–4997. A communication from the Sec- fectiveness of New Animal Drugs’’ (RIN 0910– tive Law, U.S. Coast Guard, Department of retary of Defense, transmitting, pursuant to AB08), received August 31, 1999; to the Com- Transportation, transmitting, pursuant to law, a report relative to the transportation mittee on Health, Education, Labor, and law, the report of a rule entitled ‘‘Safety/Se- of Chemical Agent Identification Sets (CAIS) Pensions. curity Zone Regulations; Staten Island Fire- from Guam to Johnston Atoll; to the Com- EC–5008. A communication from the Direc- works, Lower New York Bay and Raritan mittee on Armed Services. tor, Regulations Policy and Management Bay (CGD01–99–094)’’ (RIN2115–AA97) (1999– EC–4998. A communication from the Chief, Staff, Food and Drug Administration, De- 0055), received August 25, 1999; to the Com- Regulations Unit, Internal Revenue Service, partment of Health and Human Services, mittee on Commerce, Science, and Transpor- Department of the Treasury, transmitting, transmitting, pursuant to law, the report of tation. pursuant to law, the report of a rule entitled a rule entitled ‘‘Indirect Food Additives: Ad- EC–5017. A communication from the Acting ‘‘Fringe Benefits Aircraft Valuation For- juvants, Production Aids and Sanitizers’’ Chief, Office of Regulations and Administra- mula’’ (Rev. Rul. 99–33), received August 24, (91F–0399), received August 31, 1999; to the tive Law, U.S. Coast Guard, Department of 1999; to the Committee on Finance. Committee on Health, Education, Labor, and Transportation, transmitting, pursuant to EC–4999. A communication from the Chief, Pensions. law, the report of a rule entitled ‘‘Draw- Regulations Unit, Internal Revenue Service, EC–5009. A communication from the Direc- bridge Regulations; Hutchinson River, NY Department of the Treasury, transmitting, tor, Regulations Policy and Management (CGD01–99–153)’’ (RIN2115–AE47) (1999–0039), pursuant to law, the report of a rule entitled Staff, Food and Drug Administration, De- received August 25, 1999; to the Committee ‘‘Market Segment Specialization Program partment of Health and Human Services, on Commerce, Science, and Transportation. Audit Techniques Guide-Placer Mining In- transmitting, pursuant to law, the report of dustry’’, received August 24, 1999; to the a rule entitled ‘‘Indirect Food Additives: EC–5018. A communication from the Acting Committee on Finance. Paper and Paperboard Components’’ (96F– Chief, Office of Regulations and Administra- EC–5000. A communication from the Chief, 0145), received August 31, 1999; to the Com- tive Law, U.S. Coast Guard, Department of Regulations Branch, U.S. Customs service, mittee on Health, Education, Labor, and Transportation, transmitting, pursuant to Department of the Treasury, transmitting, Pensions. law, the report of a rule entitled ‘‘Draw- pursuant to law, the report of a rule entitled EC–5010. A communication from the Direc- bridge Regulations; Danvers River, MA ‘‘Accreditation of Commercial Testing Lab- tor, Regulations Policy and Management (CGD01–99–148)’’ (RIN2115–AE47) (1999–0037), oratories; Approval of Commercial Gaugers’’ Staff, Food and Drug Administration, De- received August 24, 1999; to the Committee (RIN1515–AB60), received August 30, 1999; to partment of Health and Human Services, on Commerce, Science, and Transportation. the Committee on Finance. transmitting, pursuant to law, the report of EC–5019. A communication from the Acting EC–5001. A communication from the Chief, a rule entitled ‘‘Indirect Food Additives: Chief, Office of Regulations and Administra- Regulations Branch, U.S. Customs service, Paper and Paperboard Components’’ (96F– tive Law, U.S. Coast Guard, Department of Department of the Treasury, transmitting, 0871), received August 31, 1999; to the Com- Transportation, transmitting, pursuant to pursuant to law, the report of a rule entitled mittee on Health, Education, Labor, and law, the report of a rule entitled ‘‘Draw- ‘‘Textiles and Textile Products; Denial of Pensions. bridge Regulations; Long Island Inland Wa- Entry’’ (RIN1515–AC49), received August 31, EC–5011. A communication from the Chair- terway from East Rockaway Inlet to 1999; to the Committee on Finance. man, Office of Proceedings, Surface Trans- Shinnecock Canal, NY (CGD01–99–080)’’ EC–5002. A communication from the Acting portation Board, transmitting, pursuant to (RIN2115–AE47) (1999–0038), received August Assistant Secretary of Commerce and Acting law, the report of a rule entitled ‘‘Expedited 24, 1999; to the Committee on Commerce, Commissioner of Patents and Trademarks, Procedures for Processing Rail Rate Reason- Science, and Transportation. transmitting, pursuant to law, the report of ableness, Exemption and Revocation Pro- EC–5020. A communication from the Acting a rule entitled ‘‘Trademark Law Treaty Im- ceedings’’ (STB Ex Parte No. 527 (Sub-No. 2)), Chief, Office of Regulations and Administra- plementation Act Changes’’ (RIN0651–AB00), received August 31, 1999; to the Committee tive Law, U.S. Coast Guard, Department of received August 31, 1999; to the Committee on Commerce, Science, and Transportation. Transportation, transmitting, pursuant to on the Judiciary. EC–5012. A communication from the Dep- law, the report of a rule entitled ‘‘Regatta EC–5003. A communication from the Direc- uty Assistant Administrator, National Ocean Regulations; SLR; Patapsco River, Balti- tor, Office of Regulatory Management and Service, Estuarine Reserves Division, De- more, MD (CGD05–99–071)’’ (RIN2115–AE47) Information, Office of Policy, Planning and partment of Commerce, transmitting, pursu- (1999–0034), received August 24, 1999; to the Evaluation, Environmental Protection Agen- ant to law, the report of a rule entitled Committee on Commerce, Science, and cy, transmitting, pursuant to law, the report ‘‘Federal Register Notice/FY00 National Es- Transportation. of a rule entitled ‘‘Louisiana: Final Author- tuarine Research Reserve Graduate Research EC–5021. A communication from the Acting ization of State Hazardous Waste Manage- Fellowship’’ (RIN0648–ZA66), received August Chief, Office of Regulations and Administra- ment Program Revisions’’ (FRL #6431–2), re- 31, 1999; to the Committee on Commerce, tive Law, U.S. Coast Guard, Department of ceived August 31, 1999; to the Committee on Science, and Transportation. Transportation, transmitting, pursuant to Environment and Public Works. EC–5013. A communication from the Chief, law, the report of a rule entitled ‘‘Regatta EC–5004. A communication from the Direc- Office of Regulations and Administrative Regulations; SLR; Mears Point Marina and tor, Office of Regulatory Management and Law, U.S. Coast Guard, Department of Red Eyes Dock Bar Fireworks Display, Ches- Information, Office of Policy, Planning and Transportation, transmitting, pursuant to ter River, Kent Narrows, MD (CGD05–99– Evaluation, Environmental Protection Agen- law, the report of a rule entitled ‘‘Safety/Se- 0701)’’ (RIN2115–AE467) (1999–00334), received cy, transmitting, pursuant to law, the report curity Zone Regulations; Chelsea Street August 24, 1999; to the Committee on Com- of a rule entitled ‘‘Revisions to the Unregu- Bridge Fender System Repair, Chelsea River, merce, Science, and Transportation. lated Contaminant Monitoring Regulation MA (CGD01–99–141)’’ (RIN2115–AA97) (1999– for Public Water Systems’’ (FRL #6433–1), re- 0052), received August 19, 1999; to the Com- EC–5022. A communication from the Acting ceived August 31, 1999; to the Committee on mittee on Commerce, Science, and Transpor- Chief, Office of Regulations and Administra- Environment and Public Works. tation. tive Law, U.S. Coast Guard, Department of EC–5005. A communication from the Acting EC–5014. A communication from the Acting Transportation, transmitting, pursuant to Director, Fish and Wildlife Service, Depart- Chief, Office of Regulations and Administra- law, the report of a rule entitled ‘‘Standard ment of the Interior, transmitting, pursuant tive Law, U.S. Coast Guard, Department of Measurement System Exemption from Gross to law, the report of a rule entitled ‘‘Endan- Transportation, transmitting, pursuant to Tonnage (USCG–1999–5118)’’ (RIN2115–AF76), gered and Threatened Wildlife and Plants: law, the report of a rule entitled ‘‘Safety/Se- received August 25, 1999; to the Committee Final Endangered Status for 10 Plant Taxa curity Zone Regulations; Salvage of Sunken on Commerce, Science, and Transportation. from Maui Nui, Hawaii’’ (RIN1018–AE22), re- Fishing Vessel CAPE FEAR, Buzzards Bay, EC–5023. A communication from the Attor- ceived August 31, 1999; to the Committee on MA (CGD01–99–145)’’ (RIN2115–AA97) (1999– ney-Advisor, National Highway Traffic Safe- Environment and Public Works. 0054), received August 24, 1999; to the Com- ty Administration, Department of Transpor- EC–5006. A communication from the Assist- mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- ant General Counsel for Regulations, Office tation. port of a rule entitled ‘‘Child Restraint Sys- of Post Secondary Education, Department of EC–5015. A communication from the Acting tems; Child Restraint Anchorage Systems; Education, transmitting, pursuant to law, Chief, Office of Regulations and Administra- Response to Petitions for Reconsideration; the report of a rule entitled ‘‘Final Regula- tive Law, U.S. Coast Guard, Department of Docket No. NHTSA–99–6160’’ (RIN2127–AH65), tions-William D. Ford Federal Direct Loan Transportation, transmitting, pursuant to received August 25, 1999; to the Committee (Direct Loan) Program’’ (RIN1840–AC68), re- law, the report of a rule entitled ‘‘Safety/Se- on Commerce, Science, and Transportation.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10603 EC–5024. A communication from the Attor- EC–5033. A communication from the Assist- area’’, received August 20, 1999; to the Com- ney-Advisor, National Highway Traffic Safe- ant Administrator for Fisheries, National mittee on Commerce, Science, and Transpor- ty Administration, Department of Transpor- Marine Fisheries Service, Department of tation. tation, transmitting, pursuant to law, the re- Commerce, transmitting, pursuant to law, EC–5042. A communication from the Chief, port of a rule entitled ‘‘Functional Equiva- the report of a rule entitled ‘‘Atlantic Tuna Mass Media Bureau, Federal Communica- lence of Headlight Concealment with Euro- Fisheries; Regulatory Adjustment to Estab- tions Commission, transmitting, pursuant to pean Regulations’’ (RIN2127–AH18), received lish a Deadline for Atlantic Tunas Permit law, the report of a rule entitled ‘‘Broadcast August 25, 1999; to the Committee on Com- Category Changes of June 11 for 1999 only’’ Television Local Ownership Rules (MM merce, Science, and Transportation. (RIN0648–AM69), received August 20, 1999; to Docket No. 91–221, 87–8)’’ (RIN3060–AF82) EC–5025. A communication from the Legal the Committee on Commerce, Science, and (FCC 99–209), received August 31, 1999; to the Technician, National Highway Traffic Safety Transportation. Committee on Commerce, Science, and Administration, Department of Transpor- EC–5034. A communication from the Acting Transportation. tation, transmitting, pursuant to law, the re- Director, Office of Sustainable Fisheries, Na- EC–5043. A communication from the Chief, port of a rule entitled ‘‘State Incentives to tional Marine Fisheries Service, Department Mass Media Bureau, Federal Communica- Prevent Operation of Motor Vehicles by In- of Commerce, transmitting, pursuant to law, tions Commission, transmitting, pursuant to toxicated Persons; Correction of Effective the report of a rule entitled ‘‘Modification of law, the report of a No. 96–222, 87–8)’’ Date Under the Congressional Review Act’’ a Closure for Pacific Ocean Perch in the (RIN3060–AF82) (FCC 99–208), received August (RIN2127–AH39), received August 30, 1999; to West Yukatat District of the Gulf of Alas- 31, 1999; to the Committee on Commerce, the Committee on Commerce, Science, and ka’’, received August 20, 1999; to the Com- Science, and Transportation. Transportation. mittee on Commerce, Science, and Transpor- EC–5044. A communication from the Chief, EC–5026. A communication from the Attor- tation. Mass Media Bureau, Federal Communica- ney, National Highway Traffic Safety Ad- EC–5035. A communication from the Acting tions Commission, transmitting, pursuant to ministration, Department of Transportation, Director, Office of Sustainable Fisheries, Na- law, the report of a rule entitled ‘‘Attribu- transmitting, pursuant to law, the report of tional Marine Fisheries Service, Department tion of Broadcast Interests (MM Docket No. a rule entitled ‘‘Location of Rollover Warn- of Commerce, transmitting, pursuant to law, 94–150, 92–150, 87–154)’’ (RIN3060–AF82) (FCC ing Labels; Response to Petitions for Recon- the report of a rule entitled ‘‘Closure for 99–207), received August 31, 1999; to the Com- sideration’’ (RIN2127–AH68), received August Northern Rockfish in the Western Regu- mittee on Commerce, Science, and Transpor- 25, 1999; to the Committee on Commerce, latory Area of the Gulf of Alaska’’, received tation. Science, and Transportation. August 20, 1999; to the Committee on Com- EC–5045. A communication from the Spe- EC–5027. A communication from the Attor- merce, Science, and Transportation. cial Assistant to the Chief, Mass Media Bu- ney, Research and Special Programs Admin- EC–5036. A communication from the Chief reau, Federal Communications Commission, istration, Department of Transportation, Acting Director, Office of Sustainable Fish- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of eries, National Marine Fisheries Service, De- a rule entitled ‘‘Amendment of Section a rule entitled ‘‘Pipeline Safety: Qualifica- partment of Commerce, transmitting, pursu- 73.202(b), Table of FM Allotments; FM Broad- tion of Pipeline Personnel’’ (RIN2137–AB38), ant to law, the report of a rule entitled cast Stations; Cedar Key, FL’’ (MM Docket received August 24, 1999; to the Committee ‘‘Fisheries of the Exclusive Economic Zone No. 99–72), received August 31, 1999; to the on Commerce, Science, and Transportation. Off Alaska; Halibut Bycatch Mortality Al- Committee on Commerce, Science, and EC–5028. A communication from the Asso- lowance in the Bering Sea and Aleutian Is- Transportation. ciate Chief Counsel, Federal Highway Ad- lands Management Area’’, received August EC–5046. A communication from the Spe- ministration, Department of Transportation, 18, 1999; to the Committee on Commerce, cial Assistant to the Chief, Mass Media Bu- transmitting, pursuant to law, the report of Science, and Transportation. reau, Federal Communications Commission, a rule entitled ‘‘Parts and Accessories Nec- EC–5037. A communication from the Direc- transmitting, pursuant to law, the report of essary for Safe Operation; Rear Impact tor, Office of Sustainable Fisheries, National a rule entitled ‘‘Amendment of Section Guards and Rear Impact Protection’’ Marine Fisheries Service, Department of 73.202(b), Table Docket No. 98–64), received (RIN2125–AE15), received August 30, 1999; to Commerce, transmitting, pursuant to law, August 31, 1999; to the Committee on Com- the Committee on Commerce, Science, and the report of a rule entitled ‘‘Closure of the merce, Science, and Transportation. Transportation. Commercial Fishery for King Mackerel in EC–5047. A communication from the Spe- EC–5029. A communication from the Assist- the Exclusive Economic Zone in the Western cial Assistant to the Chief, Mass Media Bu- ant Administrator for Fisheries, National Zone of the Gulf of Mexico’’, received August reau, Federal Communications Commission, Marine Fisheries Service, Department of 26, 1999; to the Committee on Commerce, transmitting, pursuant to law, the report of Commerce, transmitting, pursuant to law, Science, and Transportation. a rule entitled ‘‘Amendment of Section the report of a rule entitled ‘‘Atlantic Highly EC–5038. A communication from the Direc- 73.202(b), Table of FM Allotments; FM Broad- Migratory Species Fisheries; Atlantic tor, Office of Sustainable Fisheries, National cast Stations; Clifton, IL; Lennox, SD; and Bluefin Tuna Catch Reporting; Determina- Marine Fisheries Service, Department of Sibley, IA’’ (MM Docket Nos. 98–213; 98–215; tion of State Jurisdiction’’ (RIN0648–AM81), Commerce, transmitting, pursuant to law, and 98–219), received August 9, 1999; to the received August 20, 1999; to the Committee the report of a rule entitled ‘‘Modification of Committee on Commerce, Science, and on Commerce, Science, and Transportation. a Closure (Opens Directed Fishing for Pacific Transportation. EC–5030. A communication from the Assist- Cod for Inshore Processing in the Central EC–5048. A communication from the Spe- ant Administrator for Fisheries, National Regulatory Area of the Gulf of Alaska)’’, re- cial Assistant to the Chief, Mass Media Bu- Marine Fisheries Service, Department of ceived August 26, 1999; to the Committee on reau, Federal Communications Commission, Commerce, transmitting, pursuant to law, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Atlantic Highly EC–5039. A communication from the Direc- a rule entitled ‘‘Memorandum Opinion and Migratory Species Fisheries; Atlantic tor, Office of Sustainable Fisheries, National Order—Implementation of Section 309(j) of Bluefin Tuna 1999 Quota and Effort Control Marine Fisheries Service, Department of the Communications Act—Competitive Bid- Specifications’’ (RIN0648–AM17), received Commerce, transmitting, pursuant to law, ding for Commercial Broadcast and Instruc- August 20, 1999; to the Committee on Com- the report of a rule entitled ‘‘Closure of Di- tional Television Fixed Service Licenses; Re- merce, Science, and Transportation. rected Fishing for Hook-and-Line Gear for examination of the Policy Statement on EC–5031. A communication from the Assist- Groundfish Except for Sablefish or Demersal Comparative Broadcast Hearings; Proposals ant Administrator for Fisheries, National Shelf Rockfish in the Gulf of Alaska’’, re- to Reform the Commission’s Marine Fisheries Service, Department of ceived August 26, 1999; to the Committee on Comparative...(MM Docket No. 98–234; GC Commerce, transmitting, pursuant to law, Commerce, Science, and Transportation. Docket No. 92–52 and Gen. Docket No. 90–264, the report of a rule entitled ‘‘Final Rule to EC–5040. A communication from the Direc- FCC 99–201)’’, received August 19, 1999; to the Implement Catch Specifications for the Gulf tor, Office of Sustainable Fisheries, National Committee on Commerce, Science, and and Atlantic Groups of King and Spanish Marine Fisheries Service, Department of Transportation. Mackerel’’ (RIN0648–AL80), received August Commerce, transmitting, pursuant to law, EC–5049. A communication from the Spe- 20, 1999; to the Committee on Commerce, the report of a rule entitled ‘‘Commercial cial Assistant to the Chief, Mass Media Bu- Science, and Transportation. Quota Adjustment for 1999 for the Summer reau, Federal Communications Commission, EC–5032. A communication from the Assist- State Flounder Quotas’’, received August 26, transmitting, pursuant to law, the report of ant Administrator for Fisheries, National 1999; to the Committee on Commerce, a rule entitled ‘‘In the Matter of Commu- Marine Fisheries Service, Department of Science, and Transportation. nications Assistance for Law Enforcement Commerce, transmitting, pursuant to law, EC–5041. A communication from the Direc- Act (Report and Order)’’ (CC Doc. 97–213, FCC the report of a rule entitled ‘‘Atlantic Tuna tor, Office of Sustainable Fisheries, National 99–11), received August 31, 1999; to the Com- Fisheries; Regulatory Adjustment to Sus- Marine Fisheries Service, Department of mittee on Commerce, Science, and Transpor- pend Deadline for Atlantic Tunas Permit Commerce, transmitting, pursuant to law, tation. Category Changes for 1999 only’’ (RIN0648– the report of a rule entitled ‘‘Fisheries of the EC–5050. A communication from the Spe- AM69), received August 20, 1999; to the Com- Exclusive Economic Zone Off Alaska; Vessels cial Assistant to the Chief, Mass Media Bu- mittee on Commerce, Science, and Transpor- Catching Pollock for Processing by the reau, Federal Communications Commission, tation. Inshore Component in the Bering Sea Sub- transmitting, pursuant to law, the report of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10604 CONGRESSIONAL RECORD — SENATE September 8, 1999 a rule entitled ‘‘In the Matter of Commu- legislation to the Committee on Banking, gram’’ (RIN0560–AF70), received September 2, nications Assistance for Law Enforcement Housing, and Urban Affairs. 1999; to the Committee on Agriculture, Nu- Act (Order on Reconsideration)’’ (CC Doc. 97– EC–5064. A communication from the Assist- trition, and Forestry. 213, FCC 99–184), received August 31, 1999; to ant Secretary for Fish and Wildlife and EC–5074. A communication from the Direc- the Committee on Commerce, Science, and Parks, Department of the Interior, transmit- tor, Congressional Affairs, Nuclear Regu- Transportation. ting a draft of proposed legislation relative latory Commission, transmitting, pursuant EC–5051. A communication from the Presi- to medical expenses incurred by the U.S. to law, the report of a rule entitled ‘‘Agree- dent of the United States, transmitting, pur- Park Police and for other purposes; to the ment with the State of Ohio’’, received Sep- suant to Section 2006 of the 1999 Emergency Committee on Energy and Natural Re- tember 2, 1999; to the Committee on Environ- Supplemental Appropriations Act (Public sources. ment and Public Works. Law 106–31), a report relative to Operation EC–5065. A communication from the Assist- EC–5075. A communication from the Direc- Allied Force; to the Committee on Foreign ant Secretary, Employment Standards Ad- tor, Congressional Affairs, Nuclear Regu- Relations. ministration, Wage and Hour Division, De- latory Commission, transmitting, pursuant EC–5052. A communication from the Sec- partment of Labor, transmitting, pursuant to law, the report of a rule entitled ‘‘Changes retary of Defense, transmitting, pursuant to to law, the report of a rule entitled ‘‘Indus- to Requirements for Environmental Review law, a report relative to those persons oper- tries in American Samoa; Wage Order’’, re- of Nuclear Power Plant Operating Licenses ating directly or indirectly in the United ceived September 3, 1999; to the Committee (10 CFR Part 51)’’ (150–AG05), received Sep- States or any of its territories and posses- on Health, Education, Labor, and Pensions. tember 2, 1999; to the Committee on Environ- sions that are Communist Chinese military EC–5066. A communication from the Legal ment and Public Works. companies; to the Select Committee on In- Counsel, Equal Employment Opportunity EC–5076. A communication from the Direc- telligence. Commission, transmitting, pursuant to law, tor, Office of Regulatory Management and EC–5053. A communication from the Direc- the report of a rule entitled ‘‘Federal Sector Information, Office of Policy, Planning and tor, Defense Procurement, Department of Equal Employment Opportunity’’ (RIN3046– Evaluation, Environmental Protection Agen- Defense, transmitting, pursuant to law, the AA66), received September 2, 1999; to the cy, transmitting, pursuant to law, the report report of a rule entitled ‘‘Electronic Publica- Committee on Health, Education, Labor, and of a rule entitled ‘‘Approval and Promulga- tion of DFARS’’ (DFARS Case 98–D024), re- Pensions. tion of State Plans for Designated Facilities ceived August 26, 1999; to the Committee on EC–5067. A communication from the Sec- and Pollutants; Maryland; Control of Emis- Armed Services. retary of Agriculture transmitting a draft of sions from Existing Municipal Solid Waste EC–5054. A communication from the Direc- proposed legislation entitled ‘‘Elderly Nutri- Landfills’’ (FRL #6433–7), received September tor, Defense Procurement, Department of tion Benefits Act of 1999’’; to the Committee 2, 1999; to the Committee on Environment Defense, transmitting, pursuant to law, the on Agriculture, Nutrition, and Forestry. and Public Works. report of a rule entitled ‘‘Improved Account- EC–5068. A communication from the Direc- EC–5077. A communication from the Direc- ing for Defense Contract Services’’ (DFARS tor, Office of Regulatory Management and tor, Office of Regulatory Management and Case 98–D312), received August 26, 1999; to the Information, Office of Policy, Planning and Information, Office of Policy, Planning and Committee on Armed Services. Evaluation, Environmental Protection Agen- Evaluation, Environmental Protection Agen- EC–5055. A communication from the Acting cy, transmitting, pursuant to law, the report cy, transmitting, pursuant to law, the report Assistant Attorney General, Office of Legis- of a rule entitled ‘‘Avermectin B1 and its of a rule entitled ‘‘Approval and Promulga- lative Affairs, Department of Justice, trans- delta-8,9-isomer; Pesticide Tolerances’’ (FRL tion of Implementation Plans; Tennessee; mitting, pursuant to law, the annual report #6380–7), received September 2, 1999; to the Approval of Revisions to the Tennessee State of the Bureau of Justice for fiscal year 1999, Committee on Agriculture, Nutrition, and Implementation Plan’’ (FRL #6433–4), re- to the Committee on Governmental Affairs. Forestry. ceived September 2, 1999; to the Committee EC–5056. A communication from the Chair- EC–5069. A communication from the Con- on Environment and Public Works. man of the Council of the District of Colum- gressional Review Coordinator, Regulatory EC–5078. A communication from the Assist- bia, transmitting, pursuant to law, a report Analysis and Development, Policy and Pro- ant Secretary for Fish and Wildlife and on D.C. Act 13–132, ‘‘Closing of Public Alleys gram Development, Animal and Plant Health Parks, Office of Migratory Bird Manage- in Square 455, S.O. 98–194, Act of 1999’’; to the Inspection Service, Department of Agri- ment, Fish and Wildlife Service, Department Committee on Governmental Affairs. culture, transmitting, pursuant to law, the of the Interior, transmitting, pursuant to EC–5057. A communication from the Chair- report of a rule entitled ‘‘Horses from Mo- law, the report of a rule entitled ‘‘Compli- man of the Council of the District of Colum- rocco; Change in Disease Status’’ (Docket ance and Determination that the States of bia, transmitting, pursuant to law, a report No. 98–055–2), received September 2, 1999; to Vermont and West Virginia Meet Federal on D.C. Act 13–124, ‘‘Moratorium on the the Committee on Agriculture, Nutrition, Falconry Standards’’ (RIN1018–AE65), re- Issuance of New Retailer’s License Class B and Forestry. ceived September 2, 1999; to the Committee Amendment Act of 1999’’; to the Committee EC–5070. A communication from the Ad- on Environment and Public Works. on Governmental Affairs. ministrator, Agricultural Marketing Serv- EC–5079. A communication from the Sec- EC–5058. A communication from the Chair- ice, Marketing and Regulatory Programs, retary of Transportation, transmitting, pur- man of the Council of the District of Colum- Department of Agriculture, transmitting, suant to law, a report relative to activities bia, transmitting, pursuant to law, a report pursuant to law, the report of a rule entitled of the Commercial Space Transportation on D.C. Act 13–123, ‘‘Condominium Amend- ‘‘Fresh Prunes Grown in Designated Coun- Program for calendar year 1998; to the Com- ment Act of 1999’’; to the Committee on Gov- ties in Washington and Umatilla County, Or- mittee on Commerce, Science, and Transpor- ernmental Affairs. egon; Increased Assessment Rate’’ (Docket tation. EC–5059. A communication from the Direc- No. FV99–924–1 FR), received September 2, EC–5080. A communication from the Assist- tor, Office of Personnel Management, trans- 1999; to the Committee on Agriculture, Nu- ant Bureau Chief, Management, Inter- mitting a draft of proposed legislation rel- trition, and Forestry. national Bureau-Telecom, Federal Commu- ative tovoluntary separation incentives for EC–5071. A communication from the Ad- nications Commission, transmitting, pursu- Federal agencies; to the Committee on Gov- ministrator, Agricultural Marketing Serv- ant to law, the report of a rule entitled ‘‘In ernmental Affairs. ice, Marketing and Regulatory Programs, the Matter of International Settlement EC–5060. A communication from the Com- Department of Agriculture, transmitting, Rates’’ (IB Docket No. 96–261) (FCC 99–124), missioner, Social Security Administration, pursuant to law, the report of a rule entitled received September 2, 1999; to the Committee transmitting a draft of proposed legislation ‘‘Milk in the New England and Other Mar- on Environment and Public Works. entitled ‘‘Disability and Health Assistance keting Areas; Order Amending the Orders’’ EC–5081. A communication from the Chair- for Immigrants Act of 1999’’; to the Com- (DA–97–12), received September 2, 1999; to the man, Surface Transportation Board, trans- mittee on Finance. Committee on Agriculture, Nutrition, and mitting, pursuant to law, the report of a rule EC–5061. A communication from the Ad- Forestry. entitled ‘‘Removal, Revision, and Redesigna- ministrator, Small Business Administration, EC–5072. A communication from the Ad- tion of Miscellaneous Regulations’’ (STB—) transmitting a draft of proposed legislation ministrator, Farm Service Agency, Farm to the Committee on Commerce, Science, entitled ‘‘The U.S. Small Business Adminis- and Foreign Agricultural Services, Depart- and Transportation. tration’s 21st Century Workforce Act of ment of Agriculture, transmitting, pursuant f 1999’’; to the Committee on Small Business. to law, the report of a rule entitled ‘‘Interim EC–5062. A communication from the Assist- Rule: Flood Compensation Program’’ PETITIONS AND MEMORIALS ant to the Board, Federal Reserve Board, (RIN0560–AF57), received September 2, 1999; The following petitions and memo- transmitting, pursuant to law, the report of to the Committee on Agriculture, Nutrition, rials were laid before the Senate and a rule entitled ‘‘Regulation DD; Truth in and Forestry. Savings’’ (Docket No. R–1003), received Sep- EC–5073. A communication from the Ad- were referred or ordered to lie on the tember 2, 1999; to the Committee on Bank- ministrator, Farm Service Agency, Farm table as indicated: ing, Housing, and Urban Affairs. and Foreign Agricultural Services, Depart- POM–309. A resolution adopted by the Sen- EC–5063. A communication from the Acting ment of Agriculture, transmitting, pursuant ate of the Legislature of the State of Cali- Deputy General Counsel, Department of the to law, the report of a rule entitled ‘‘Interim fornia relative to Social Security; to the Treasury, transmitting a draft of proposed Rule: Small Hog Operation Payment Pro- Committee on Finance.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10605

SENATE RESOLUTION NO. 15 would create an ever proliferating bureauc- Whereas, According to the United States Whereas, For 60 years social security has racy. The resulting expense and the cost of Department of Labor, 1,000,000 people are as- provided a stable platform of retirement, dis- converting each account to an annuity upon saulted and injured every year as a result of ability, and survivor annuity benefits to pro- retirement would consume much of the prof- workplace violence, 1,000 people are killed tect working Americans and their depend- it, or exacerbate the loss, realized by each every year due to workplace violence, and 30 ents; and participant; and percent of battered women lose their jobs Whereas, The American and world econo- Whereas, It is an entirely different ques- due to harassment at work by abusive hus- mies continue to encounter periods of high tion whether part of the social security trust bands or boyfriends; and uncertainty and volatility that make it as fund should be diversified into investments Whereas, More than one-half of the number important as ever to preserve a basic and other than government bonds. For the fund of women in need of shelter from an abusive continuous safety net of protections guaran- to invest collectively in a broad selection of environment may be turned away from a teed by our society’s largest repository of equities and private bonds may well increase shelter due to lack of space; and risk, the federal government; and returns over time and thus enhance the ca- Whereas, Women are not the only targets Whereas, Social security affords protec- pacity of the fund to meet its obligations to of domestic violence; young children, elderly tions to rich and poor alike. No citizen, no pay benefits as presently defined. The cen- persons, and men are also victims in their matter how well off today, can say that to- tral management for those investments own homes; and Whereas, Emotional scars are often perma- morrow’s adversities will not create future would be a minor expense compared to the nent; and dependency; and staggering cost of overseeing millions of Whereas, A coalition of organizations has Whereas, Average life expectancies are in- splintered accounts. Central investment also emerged to confront this crisis directly. Law creasing greatly and people are commonly preserves the spreading of risk across the en- enforcement agencies, domestic violence living into their 80’s and 90’s, making it tire spectrum of social security participants. hotlines, battered women and children’s more important than ever that each of us be Individualized accounts, by contrast, would shelters, health care providers, churches, and fully protected by defined retirement bene- create an array of winners and losers, thus the volunteers that serve those entities are fits; and converting part of our retirement system helping the effort to end domestic violence; Whereas, Medical scientists are daily dis- into a national lottery. Those who become and covering more creative ways to preserve the disabled, those who must retire early, and dependents with the earliest and greatest Whereas, It is important to recognize the lives of the profoundly disabled, thus making compassion and dedication of the individuals it more important than ever that each of us need would receive the least in return. The system would be perversely contrary to basic involved in that effort, applaud their com- be protected against the risks of our own de- mitment, and increase public understanding pendency, against the risk of becoming a principles of insurance and risk distribution; and of this significant problem; and burden to relatives, and against the risk of Whereas, The first Day of Unity was cele- succumbing to a disability unrelated to the Whereas, Diverting social security con- tributions to private accounts is redundant brated in October 1981 and was sponsored by duration of life; and the National Coalition Against Domestic Vi- Whereas, The lives of wage earners and to existing programs. Through amendments to the Internal Revenue Code of 1986, Con- olence for the purpose of uniting battered their spouses are seldom coterminous. One women’s advocates across the nation in an spouse often outlives the other by decades, gress has created a full menu of provisions by which working Americans and their em- effort to end domestic violence; and making it crucial to preserve a secure base Whereas, That one day has grown into a ployers may contribute by choice to tax- of protection for family members dependent month of activities at all levels of govern- sheltered accounts that are open to the op- on a wage earner who may die or become dis- ment, aimed at creating awareness about the portunities and exposed fully to the risks of abled; and problem and presenting solutions; and our speculative and vigorous investment Whereas, The children of working Ameri- Whereas, The first Domestic Violence markets. One-half of American families are cans require protection against the untimely Awareness Month was proclaimed in October already covered by these recently created death or disability of their wage-earning par- 1987; now, therefore, be it ents, contingencies that are too often uncov- systems; now, therefore be it Resolved by the Senate of the State of Cali- ered by working Americans and their em- Resolved by the Senate of the State of Cali- fornia, the Assembly thereof concurring, That ployers; and fornia, That the federal government is re- the Legislature hereby proclaims the month Whereas, The costs of administering social spectfully requested to take appropriate of October 1999, as Domestic Violence Aware- security are less than 1 percent of the bene- steps to encourage workers and their em- ness Month; and be it further fits delivered; and ployers to save or invest for retirement to Resolved, That the Secretary of the Senate Whereas, The single purpose of social secu- supplement the basic benefits of the Social transmit a copy of this resolution to the rity is to provide a strong, simple, and effi- Security Program, but not as a substitute President of the United States, the Governor cient form of basic insurance against the ad- for the core protections that are vital to of the State of California, the Director of the versities of old age, disability, and depend- American working families; and be it further United States Department of Health and ency; and Resolved, That the Secretary of the Senate Human Services, and to each Senator and Whereas, Social security was founded on transmit copies of this resolution to the Representative from California in the Con- the sanctity of work and the preservation of President and Vice President of the United gress of the United States. family integrity in the face of death or dis- States, the Speaker of the House of Rep- ability; and resentatives, the Majority Leader of the Sen- POM–311. A joint resolution adopted by the Whereas, Social security, in current form, ate, and each Senator and Representative Legislature of the State of California rel- reinforces family cohesiveness and enhances from California in the Congress of the United ative to Medicare; to the Committee on Fi- the value of work in our society; and States. nance. Whereas, Congress currently has proposals SENATE JOINT RESOLUTION NO. 1 to shift a portion of social security contribu- POM–310. A concurrent resolution adopted by the Legislature of the State of California Whereas, Many health maintenance orga- tions from insurance to personal investment nizations (HMOs) have thrown the Medicare accounts for each wage earner; and relative to Domestic Violence Awareness Month; to the Committee on the Judiciary. system into a state of turmoil by with- Whereas, Social security, our largest and drawing coverage of Medicare enrollees at most fundamental insurance system, should SENATE CONCURRENT RESOLUTION NO. 7 the end of 1998; and not be splintered into individualized stock Whereas, Home should be a place of Whereas, Thousands of HMO patients in accounts. Social security cannot fulfill its warmth, unconditional love, tranquility, and California are now in a state of panic and protective function if it must also create and security; however, for many Americans, confusion regarding their future ability to manage millions of small risk-bearing in- home is tainted with violence and fear; and access health care services, including phar- vestments out of a stream of contributions Whereas, Domestic violence is much more macy benefits, at a reasonable cost; and intended as insurance. Private accounts can- than the occasional family dispute; and Whereas, In California, 39 percent of Medi- not be substituted for social security with- Whereas, According to the United States care enrollees, or approximately 1.5 million out eroding basic protections for working Department of Health and Human Services, patients, are served by HMOs, more than families. For these protections to be strong, domestic violence is the single largest cause double the national average; and they must be insulated from economic uncer- of injury to American women, affecting Whereas, In recent years, HMOs have ag- tainty and be backed by the entity best ca- 6,000,000 women of all racial, cultural, and gressively and successfully recruited the el- pable of spreading risk, the American gov- economic backgrounds; and derly into their Medicare health plans with ernment; and Whereas, According to data published by promises to provide more benefits than Whereas, The diversion of contributions to the California Department of Justice in 1996, standard fee-for-service Medicare coverage, private investment accounts would dramati- 624 incidents of domestic violence were re- including allowances for prescription drugs, cally increase financial shortfalls to the so- ported, on average, every day in California. hearing aids, and eyeglasses; and cial security trust fund and require major re- According to the American Psychological Whereas, Each year HMOs participating in ductions in the defined benefits upon which Association, nearly one in three adult the Medicare managed care program are re- millions of Americans depend. To administer women are physicially assaulted by a part- quired to notify the federal Health Care Fi- 150,000,000 separate investment accounts ner during adulthood; and nancing Administration (HCFA) whether

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10606 CONGRESSIONAL RECORD — SENATE September 8, 1999 they will renew their contracts for the fol- California in the Congress of the United President and Vice President of the United lowing year; and States, and Secretary of Health and Human States, to the Speaker of the House of Rep- Whereas, This year, numerous HMOs have Services, and the Administrator of the resentatives and each Senator and Rep- notified HCFA that they will not renew their Health Care Financing Administration. resentative from California in the Congress contracts for next year, or will reduce the of the United States, and to the United areas that they currently serve, with these POM–312. A joint resolution adopted by the States Coast Guard. withdrawals and service area reductions ad- Legislature of the State or California rel- versely affecting more than 400,000 bene- ative to the U.S. Coast Guard Training Fa- POM–313. A joint resolution adopted by the ficiaries across the nation, and over 40,000 cility (TRACEN) Petaluma; to the Com- Legislature of the State of California rel- Medicare patients in California; and mittee on Commerce, Science, and Transpor- ative to human rights; to the Committee on Whereas, The Inspector General of the tation. Foreign Relations. United States Department of Health and SENTE JOINT RESOLUTION NO. 3 SENATE JOINT RESOLUTION NO. 4 Human Services has discovered that HMOs have been receiving more than $1 billion an- Whereas, The United States Coast Guard is Whereas, The legacy of war in Afghanistan nually in overpayments from the Medicare presently assessing its training structure for has had a devastating impact on the civilian Trust Fund, because HMOs are inflating ad- cost-effectiveness and is considering consoli- population; and ministration costs dedicated to marketing, dating or closing one or two of its five train- Whereas, The warring factions in Afghani- executive salaries and fringe benefits, legal ing centers including the United States stan have routinely violated the rights of fees, and other overhead costs; and Coast Guard Training Center (TRACEN) women and girls; and Whereas, The inspector general has rec- Petaluma in the rural community of Two Whereas, There has been a marked increase ommended that these funds be recovered Rock, California; and in human rights violations against women from HMOs and dedicated to providing Medi- Whereas, TRACEN Petaluma is the only and girls since the Taliban militia seized the care beneficiaries with added health benefits, Coast Guard training facility on the west City of Kabul in September 1996; and including prescription drugs; and coast, while the Coast Guard maintains four Whereas, Afghan women are now forbidden Whereas, Many Medicare patients not other training centers on the eastern sea- to work outside of the home. Prior to the served by HMOs purchase Medicare supple- board; and Taliban takeover, women worked outside of ment insurance, also known as Medigap cov- Whereas, In the case of a prolonged na- the home in various professions; and erage, which fills in the gaps in Medicare tional emergency, a Coast Guard training fa- Whereas, Seventy percent of school teach- coverage and offers patients the most flexi- cility on the west coast has both logistic and ers, 50 percent of civilian government work- bility in choosing doctors and hospitals, and strategic value to the service’s two-ocean ers, and 40 percent of doctors in Kabul were premiums for Medigap insurance have in- mission and to national security; and women; and creased, on average, 35 percent since 1994; Whereas, The mild California coastal cli- Whereas, Afghan girls and women are pro- and mate makes it possible for TRACEN hibited from attending schools and univer- Whereas, Under the federal Balanced Budg- Petaluma to conduct outdoor exercises year sities. Before the takeover, 50 percent of the et Act of 1997, seniors enrolled in a Medicare round; and students in Afghanistan were women; and HMO that terminates its services are eligible Whereas, The Coast Guard has invested Whereas, Afghan women are forbidden to purchase specified Medigap insurance cov- more than $50 million in TRACEN Petaluma from appearing outside the home unless ac- erage, regardless of their health status, but since its inception, including $29 million to companied by a close male relative; and the last day to take advantage of this guar- construct a state-of-the-art electronics and Whereas, Access to health care has been anteed access is March 4, 1999; and telecommunications training facility; and denied to the majority of Afghan women and Whereas, Disabled individuals who qualify Whereas, The rural community of Two girls. This is a result of prohibiting male for Medicare, but are younger than 65 years Rock is dependent on TRACEN Petaluma for doctors from examining women, prohibiting of age, are not guaranteed access to Medigap the continued existence of its neighborhood women doctors from practicing, and limiting coverage under a federal interpretation of school and for fire and emergency services; the health facilities available to women; and federal law, and will need special assistance and Whereas, Afghan women are required to be to secure health care services after they are Whereas, TRACEN Petaluma contributes covered from head to toe in a shroud, with abandoned by their HMOs; now, therefore, be $24.9 million annually to the North Bay only a narrow mesh opening through which it economy in an areas that has been severely to see, when they leave their homes. Like- Resolved by the Senate and Assembly of the impacted by military base closures; and wise, they are not allowed to wear shoes that State of California, jointly, That the Legisla- Whereas, The closings of veterans hospitals make any noise when they walk; and ture respectfully memorializes the Federal in California have increased the dependence Whereas, Homes and other buildings in Government to take immediate and appro- of retired military on the health services which Afghan women or girls might be priate steps to ensure that persons aban- available at the TRACEN Petaluma medical present must have their windows painted so doned by Medicare HMOs have access to facility; and no female can be seen from outside; and other HMO or Medigap policies that cover Whereas, TRACEN Petaluma also houses Whereas, Afghan women have been prescription drugs and to establish stopgap essential non-Coast Guard training activities whipped, beaten, shot at, and, a times, killed measures to ensure that HMOs do not further for police, fire, and emergency personnel and for not adhering to these restrictions; and restrict coverage areas or benefits until the rangers employed by local, state, and federal Whereas, The Secretary of State of the larger issue of the Medicare HMO payment agencies operating throughout the region; United States, the United Nations, and the mechanism is further examined or refined; and Physicians for Human Rights have reported and be in further Whereas, These entities have no other that the Taliban’s targeting of women and Resolved, That the Legislature respectfully place to continue their training activities in girls for discrimination and abuse has cre- memorializes the Federal Government to re- the near future; and ated a health and humanitarian disaster; and scind its determination that disabled persons Whereas, TRACEN Petaluma has a tradi- Whereas, The International Red Cross and under 65 years of age enrolled in HMOs do tion of excellence recognized by the Coast the United Nations estimate that more than not have the same guaranteed rights to Guard, a well-earned reputation for commu- 500,000 people in the City of Kabul, approxi- Medigap policies as all other Medicare en- nity involvement, and a legacy of environ- mately two-thirds of the residents of that rollees; and be it further mental stewardship; city, depend on international aid to survive; Resolved, That the Legislature respectfully Resolved by the Senate and Assembly of the and memorializes the President of the United State of California, jointly, That the Legisla- Whereas, Afghanistan recognizes inter- States to issue an Executive order directing ture believes the continued operation of the national human rights conventions such as his administration to work closely and co- United States Coast Guard Training Center the Covenant on the Rights of the Child, the ordinate with California and other states to (TRACEN) Petaluma is beneficial to the crit- Convention on the Elimination of All Forms guide and assist Medicare enrollees who are ical public safety and national security mis- of Discrimination Against Women, and the abandoned by their HMOs to find new Medi- sion of the United States Coast Guard, and International Covenant on Economic, Social, care coverage, either in the form of another to the people and economy of California; and and Cultural Rights, all of which espouse re- HMO that serves the abandoned region, or be it further spect for basic human rights of all individ- through Medigap coverage, until appropriate Resolved, That the Legislature respectfully uals without regard to race, religion, eth- federal legislation is enacted to address per- memorializes the President and the Congress nicity, or gender; and manently these types of dislocations that ad- of the United States, and the United States Whereas, Denying women and girls the versely affect Medicare patients; and be it Coast Guard to continue the operation of the right to education, employment, access to further United States Coast Guard Training Facility adequate health care, and direct access to Resolved, That the Secretary of the Senate (TRACEN) Petaluma through increased utili- humanitarian aid runs counter to inter- transmit copies of this resolution to the zation of its facilities and more efficient use national human rights conventions; and President and Vice President of the United of the Coast Guard’s east coast facilities; and Whereas, Peace and security in Afghani- States, the Speaker of the House of Rep- be it further stan can only be realized with the full res- resentatives, the majority leader of the Sen- Resolved, That the Secretary of the Senate toration for all human rights and funda- ate, each Senator and Representative from transmit copies of this resolution to the mental freedom, the voluntary repatriation

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10607 of refugees to their homeland in safety and President and Vice President, to the Speaker Representative from California in the Con- dignity, and the reconstruction of Afghani- of the House of Representatives, the major- gress of the United States, the Secretary of stan; now, therefore, be it ity leader of the Senate, and each Senator Defense, the Chairperson of the Joint Chiefs Resolved by the Senate and Assembly of the and Representative from California in the of Staff, the Chief of Naval Operations, the State of California, jointly, That the Legisla- Congress of the United States. Marine Commandant, and the Commissary ture of the State of California urges the Operating Board. President of the United States and Congress POM–315. A joint resolution adopted by the to take the necessary action to ensure the Legislature of the State of California rel- POM–316. A joint resolution adopted by the rights of women and girls in Afghanistan are ative to an Orange County commissary; to Legislature of the State of California rel- not systematically violated, and urges a the Committee on Armed Services. ative to the Older Americans Act of 1965; to peaceful resolution to the situation in Af- SENATE JOINT RESOLUTION NO. 9 the Committee on Health, Education, Labor, ghanistan that restores the human rights of and Pensions. Whereas, The federal military base realign- Afghan women and girls; and be it further ment and closure (BRAC) process will lead to SENATE JOINT RESOLUTION NO. 10 Resolved, That the Secretary of the Senate the closing of the United States Marine Whereas, the federal Older Americans Act transmit copies of this resolution to the Corps Air Station (MCAS) at El Toro, Cali- of 1965 (42 U.S.C. Sec. 3001 et seq.) expired in Speaker of the House of Representatives, to fornia, in June 1999, and the impending clo- October 1995, although funding for its pro- each Senator and Representative from Cali- sure of its commissary in September 2000; grams has been authorized since that date on fornia in the Congress of the United States, and an annual basis; and to the Secretary of State of the United Whereas, Over 1,000 active duty military Whereas, The congressional appropriations States, to the President of the United personnel from all services will remain in staff continue to stress the tight spending States, and to the Secretary General of the the vicinity of MCAS at El Toro after the caps on discretionary programs imposed by United Nations. base closes; and the Balanced Budget Act of 1997 (Public Law Whereas, Over 120,000 military retirees re- 105–33); and POM–314. A joint resolution adopted by the side in the Orange County vicinity of MCAS Whereas, A substantial number of seniors Legislature of the State of California rel- at El Toro and are active customers of the living in the State of California will be at ative to the main San Gabriel groundwater commissary located there; and risk if there are significant reductions in al- basin; to the Committee on Appropriations. Whereas, The active duty military per- located funds for Older Americans Act pro- SENATE JOINT RESOLUTION NO. 8 sonnel, members of the National Guard and grams; and Whereas, The Main San Gabriel Ground- reserves, and military retirees presently en- Whereas, Further delay in the reauthoriza- water Basin is the principal source of drink- titled to commissary privileges at MCAS at tion of the federal Older Americans Act of ing water for approximately 1.4 million peo- El Toro will suffer from a decreased quality 1965 will erode the capacity of the act’s var- ple who live in southern California; and of life and increased financial burdens if the ious structures to deliver services to meet Whereas, The economy of the San Gabriel commissary is closed; and the needs of older Americans; and Valley is dependent upon the availability of Whereas, The closure of the commissary Whereas, The federal Older Americans Act a safe, reliable source of water for the resi- will eliminate over 100 jobs; and of 1965 should immediately be reauthorized dents and businesses in the region; and Whereas, The closest alternative com- to preserve the aging network’s role in Whereas, The groundwater supply in the missaries are: March Air Force Base, River- home- and community-based services, main- Main San Gabriel Groundwater Basin is con- side, approximately 90 miles round-trip from tain the advocacy and consumer directed taminated by both volatile organic com- El Toro; Camp Pendleton, United States Ma- focus on the act, and give area agencies on pounds and inorganic chemicals, including rine Corps, Oceanside, approximately 110 aging increased flexibility in planning and perchlorate, that can be dangerous to human miles round-trip from El Toro; and Los An- delivering services to vulnerable older Amer- health, and geles Air Force Base, El Segundo, approxi- icans; and Whereas, The presence of perchlorate con- mately 80 miles round-trip from El Toro; and Whereas, the federal Older Americans Act tamination is directly associated with the Whereas, These alternative locations pose of 1965 should be funded in the same manner production of solid rocket fuels and explo- a substantial hardship by requiring travel in which the act has been funded for the past sives related to the defense and national se- from one to two hours to use these facilities; 33 years; now, therefore, be it curity of the United States of America; and and Resolved by the Senate and the Assembly of Whereas, The contaminated groundwater Whereas, Four other bases in the State of the State of California, jointly, That the Legis- in the Main San Gabriel Groundwater Basin California, March Air Force Base, Fort Ord, lature of the State of California respectfully is now spreading toward Los Angeles Coun- the Presidio of San Francisco, and McClellan memorializes the President and the Congress ty’s Central Groundwater Basin; and Air Force Base, have been closed, but their of the United States to enact legislation that Whereas, The spreading of contaminated exchange and commissary facilities have re- would reauthorize the federal Older Ameri- groundwater into the massive Central mained open; and cans Act of 1965 without further delay; and Groundwater Basin will adversely affect the Whereas, United States Senators, Barbara be it further drinking water of over half of Los Angeles Boxer and Dianne Feinstein; United States Resolved, That the Secretary of the Senate County; and Representatives, Christopher Cox, Gary Mil- transmit copies of this resolution to the Whereas, The health and economy of the ler, Ed Royce, and Loretta Sanchez; State President and Vice President of the United entire southern California region may be Senators, Joe Dunn, Ross Johnson, John States, to the Speaker of the House of Rep- devastated by the continued presence and Lewis, and Bill Morrow; Assembly Members, resentatives, and to each Senator and Rep- possible spreading of contaminated ground- Dick Ackerman, Pat Bates, Scott Baugh, resentative from California in the Congress water; and Marilyn Brewer, Bill Campbell, Lou Correa, of the United States. Whereas, Perchlorate contamination of and Ken Maddox; and the Orange County drinking water is a serious health-related Board of Supervisors, as the Local Redevel- POM–317. A joint resolution adopted by the problem in other areas of the United States opment Authority (LRA), whose members Legislature of the State of California rel- outside southern California; and are Cynthia Coad, James Silva, Charles ative to housing; to the Committee on Bank- Whereas, The application of treatment Smith, Todd Spitzer, and Thomas Wilson, all ing, Housing, and Urban Affairs. technology in the Main San Gabriel Ground- support the continued operation of the com- SENATE JOINT RESOLUTION NO. 12 water Basin may be used as a model for areas missary after base closure and have so peti- Whereas, There are 240,000 people in Cali- in the United States with similar contamina- tioned the United States Secretary of De- fornia residing in federally assisted project- tion problems; and fense; now, therefore, be it based Section 8 housing units. Forty-four Whereas, All stakeholders affected by the Resolved by the Senate and Assembly of the percent of Section 8 residents are elderly, contaminated groundwater have joined to- State of California, jointly, That the Legisla- and the median income of Section 8 residents gether to support a comprehensive plan to ture of the State of California respectfully is $9,300. Without Section 8 and comparable treat the contaminated groundwater and re- requests the President and Congress of the assistance, many of these households will be- claim the Main San Gabriel Groundwater United States, the Secretary of Defense, the come homeless; and Basin for the storage of a safe, reliable Chairpersons of the Joint Chiefs of Staff, the Whereas, The Department of Housing and drinking water source; now, therefore, be it Chief of Naval Operations, and the Marine Urban Development (HUD) has typically pro- Resolved by the Senate and Assembly of the Commandant to take immediate action to vided all capital and operating subsidies for State of California, jointly, That the Legisla- authorize the continued operation of a com- public housing. In 1974 Congress created the ture respectfully memorializes the President missary in Orange County after the closure new housing production program known as and Congress of the United States to enact of the United States Marine Corps Air Sta- the Section 8 New Construction and Substan- legislation to make available necessary tion at El Toro; and be it further, tial Rehabilitation Program, under which funds to implement groundwater remedi- Resolved, That the Secretary of the Senate HUD typically provided a 20-year commit- ation in the Main San Gabriel Groundwater transmit copies of this resolution to the ment for rental subsidies that assured own- Basin; and be it further President and Vice President of the United ers a specified level of rental income; and Resolved, That the Secretary of the Senate States, the Speaker of the United States Whereas, Property owners may convert transmit copies of this resolution to the House of Representatives, each Senator and their properties to market-based housing

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10608 CONGRESSIONAL RECORD — SENATE September 8, 1999 when their Section 8 contracts expire with fered disproportionately, compared to other units of the United States Army prior to Oc- HUD. Dramatic rent increases occurring in a states, by base closures in 1988, 1991, 1993, and tober 6, 1945. number of housing markets in this state 1995; and (3) Special Philippine Scouts, called ‘‘New have already inspired many property owners Whereas, California shouldered 60 percent Scouts,’’ who enlisted in the United States to opt out of Section 8 subsidies, thus elimi- of the net cuts in military personnel as a re- Armed Forces between October 6, 1945, and nating vast resources for low-income housing sult of those base closures, despite the fact June 30, 1947, primarily to perform occupa- and potentially increasing levels of home- that the state had just 15 percent of military tion duty in the Pacific following World War lessness throughout the state. In California, personnel before the cuts began; and II. owners of approximately 10,500 formerly af- Whereas, California suffered the closure or (4) Members of the Philippine Common- fordable HUD units have converted to mar- realignment of 29 bases, losing more than wealth Army who on July 26, 1941, were ket rate use in the past two years; and 186,000 jobs and almost $9.6 billion in eco- called into the service of the United States Whereas, Every county in California has nomic activity; now, therefore, be it Armed Forces. This group includes organized buildings with project-based Section 8 units, Resolved by the Senate and Assembly of the guerrilla resistance units that were recog- and will be severely affected by the loss of State of California, jointly, That the California nized by the United States Army; and affordable units. The largest concentrations Legislature respectfully memorializes Con- Whereas, The first two groups, Filipinos are in Los Angeles County, the San Fran- gress and the President of the United States who served in the regular components of the cisco Bay Area, San Diego, and Sacramento; to enact legislation to transfer former mili- United States Army and Old Scouts, are con- and tary base property to local communities at sidered United States veterans and are gen- Whereas, Recent federal housing policy and no cost if the local communities use the erally entitled to the full range of United budget decisions have led to uncertainty property for job-generating economic devel- States veterans’ benefits; and over the current federally assisted housing opment, and to forgive lease payments for Whereas, The other two groups, New inventory in California. Those decisions will communities that have already entered into Scouts and members of the Philippine Com- place increasing demands on the financial agreements with the Department of Defense; monwealth Army, are eligible for certain and administrative resources of the state to and be it further benefits, and some of these benefits are paid maintain that housing inventory; and Resolved, That the Secretary of the Senate at lower than full rates. United States vet- Whereas, The federal fiscal year 1999 budg- transmit copies of this resolution to the erans’ medical benefits for the four groups of et provides insufficient funding to preserve President and Vice President of the United Filipino veterans vary depending upon most of the below market housing stock; and States, Speaker of the House of Representa- whether the person resides in the United Whereas, The federal fiscal year 2000 budg- tives, and each Senator and Representative States or the Philippines; and et will need $1.3 billion in additional budget from California in the Congress of the United Whereas, The Old Scouts were created in authority to fund all contract extensions on States. 1901 pursuant to the act of February 2, 1901, current Section 8 projects. HUD’s initiative that authorized the President of the United to provide $100 million to increase contract POM–319. A joint resolution adopted by the States ‘‘to enlist natives [of the Philippines] rents at below market properties was re- Legislature of the State of California rel- . . . for service in the Army, to be organized jected by the Office of Management and ative to Filipino veterans’ benefits; to the as scouts . . . or as troops or companies, as Budget; now, therefore, be it Committee on Veterans’ Affairs. authorized by this Act, for the regular Resolved by the Senate and Assembly of the SENATE JOINT RESOLUTION NO. 6 Army’’; and State of California, jointly, That the Legisla- Whereas, The Philippine Islands became a Whereas, Prior to World War II, these ture of the State of California memorializes United States possession in 1898 when they troops assisted in the maintenance of domes- the President and Congress of the United were ceded from Spain following the Span- tic order in the Philippines and served as a States and the Department of Housing and ish-American War and remained a possession combat-ready force to defend the Philippine Urban Development to establish policies and of the United States until 1946; and Islands against foreign invasion; and funding priorities that will ensure the pres- Whereas, In 1934, Congress passed Public Whereas, During the war, they participated ervation of the inventory of federally as- Law 73–127, the Philippine Independence Act, in the defense and retaking of the islands sisted housing in California; and be it further that set a 10-year timetable for the eventual from Japanese occupation. The eligibility of Resolved, That the Secretary of the Senate independence of the Philippines and in the Old Scouts for benefits based on military transmit copies of this resolution to the interim established a Commonwealth of the service in the United States Armed Forces, President and Vice President of the United Philippines with certain powers over its in- including veterans’ benefits, has long been States, to the Speaker of the House of Rep- ternal affairs; and established; and resentatives, to each Senator and Represent- Whereas, The granting of full independence Whereas, The United States Department of ative from California in the Congress of the ultimately was delayed for two years until Veterans Affairs operates a comprehensive United States, and to the Secretary of the 1946 because of the Japanese occupation of program of veterans’ benefits in the Republic Department of Housing and Urban Develop- the islands from 1942 to 1945; and of the Philippines, including the operation of ment. Whereas, During the interval between 1934 a United States Department of Veterans Af- and the final independence in 1946, the fairs office in Manila; and POM–318. A joint resolution adopted by the United States retained certain sovereign Whereas, The United States Department of Legislature of the State of California rel- powers over the Philippines, including the Veterans Affairs does not operate a program ative to former military base property; to right, upon order of the President of the of this type in any other country; and the Committee on Armed Services. United States, to call into the service of the Whereas, The program in the Philippines United States Armed Forces all military evolved because the Philippines were a SENATE JOINT RESOLUTION NO. 13 forces organized by the Commonwealth gov- United States possession during the period Whereas, The President of the United ernment; and 1898–1946, and many Filipinos have served in States and the Secretary of Defense have an- Whereas, President Roosevelt invoked this the United States Armed Forces, and be- nounced that they will ask Congress for the authority by Executive order of July 26, 1941, cause the preindependence Commonwealth authority to transfer former military base bringing the Philippine Commonwealth Army of the Philippines was called into the property to local communities at no cost if Army into the service of the United States service of the United States Armed Forces the local communities use the property for Armed Forces of the Far East under the during World War II (1941–1945); and job-generating economic development; and command of Lieutenant General Douglas Whereas, Our nation, however, has failed Whereas, These no-cost economic develop- MacArthur; and to meet the promise made to those Filipino ment conveyances would minimize time-con- Whereas, Two hundred thousand Filipino soldiers who fought as American soldiers suming property appraisals and negotiations, soldiers, driven by a sense of honor and dig- during World War II; and thereby speeding property transfers and nity, battled under United States Command Whereas, Many Filipino veterans have been reuse of these properties, and reducing the after 1941 to preserve our liberty; and discriminated against by the classification Department of Defense’s costs to maintain Whereas, Filipino gallantly served at Ba- of their service as not being service rendered and operate excess property; and taan and Corregidor, giving their toil, blood, in the United States Armed Forces for pur- Whereas, The Department of Defense is or- and lives so as to provide the United States poses of benefits from the United States De- ganizing a base-reuse ‘‘Red Team’’ to develop valuable time to rearm materiel and men to partment of Veterans Affairs; and plans to implement the new economic devel- launch the counteroffensive in the Pacific Whereas, All other nationals, even for- opment conveyances, with an emphasis on a war; and eigners, who served in the United States rapid and smooth transition of property to Whereas, There are four groups of Filipino Armed Forces have been recognized and productive reuse; and nationals who are entitled to all or some of granted full rights and benefits, but the Fili- Whereas, Proposed federal legislation the benefits to which United States veterans pinos who actually were American nationals would forgive lease payments for commu- are entitled. These are: at that time were and are still denied rec- nities that have already entered into agree- (1) Filipinos who served in the regular ognition and singled out for exclusion, and ments with the Department of Defense, in- components of the United States Armed this treatment is unfair and discriminatory; cluding communities in California; and Forces. and Whereas, This proposed legislation would (2) Regular Philippine Scouts, called ‘‘Old Whereas, On October 20, 1996, President benefit the State of California, which suf- Scouts,’’ who enlisted in Filipino-manned Clinton issued a proclamation honoring the

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10609 nearly 100,000 Filipino veterans of World War President and Vice President of the United land area, and the range and its restricted II, soldiers of the Philippine Commonwealth States, to the Speaker of the House of Rep- airspace in conjunction with the White Army, who fought as a component of the resentatives, and to each Senator and Rep- Sands Missile Range, is crucial to the devel- United States Armed Forces alongside Allied resentative from California in the Congress opment and testing of the Army Tactical Forces for four long years to defend and re- of the United States. Missile System and the Theater High Alti- claim the Philippine Islands, and thousands POM–321. A joint resolution adopted by the tude Area Defense System; and more who joined the United States Armed Legislature of the State of Colorado relative Whereas, The high quality and unique Forces after the war; now, therefore, be it to the Federal Unified Gift and Estate Tax; training capabilities of the McGregor Range Resolved by the Senate and Assembly of the to the Committee on Finance. allow the verification of our military readi- State of California, jointly, That the Legisla- SENATE JOINT MEMORIAL 99–004 ness in air-to-ground combat, including the Army’s only opportunity to test the Patriot ture of the State of California respectfully Whereas, The Federal Unified Gift and Es- missile in live fire, tactical scenarios, as well memorializes the President and Congress of tate Tax, or ‘‘Death Tax’’, generates a mini- as execute the ‘‘Roving Sands’’ joint training the United States to take action necessary mal amount of federal revenue, especially exercises held annually at Fort Bliss; and to honor our country’s moral obligation to considering the high cost of collection and provide Filipino veterans with the military Whereas, The Military Lands Withdrawal compliance and in fact has been shown to de- Act of 1986 requires that the withdrawal from benefits that they deserve, including, but not crease federal revenues from what they limited to, holding related hearings, and act- public use of all military land governed by might otherwise have been; and the Army, including McGregor Range, must ing favorably on legislation pertaining to Whereas, This federal Death Tax has been be terminated on November 6, 2001, unless granting full veterans’ benefits to Filipino identified as destructive to job opportunity such withdrawal is renewed by an Act of veterans of the United States Armed Forces; and expansion, especially to minority entre- Congress: now, therefore be it and be it further preneurs and family farmers; and Resolved, That the Secretary of the Senate Resolved, That the 76th Legislature of the Whereas, This federal Death Tax causes se- State of Texas hereby support the U.S. Con- transmit copies of this resolution to the vere hardship to growing family businesses President and Vice President of the United gress in ensuring that the critical infrastruc- and family farming operations, often to the ture for the U.S. military defense strategy be States, to the Speaker of the House of Rep- point of partial or complete forced liquida- resentatives, and to each Senator and Rep- maintained through the renewal of the with- tion; and drawal from public use of the McGregor resentative from California in the Congress Whereas, Critical state and local leader- of the United States. Range land beyond 2001, and, be it further ship assets are unnecessarily destroyed and Resolved, That the Texas secretary of state POM–320. A joint resolution adopted by the forever lost to the future detriment of their Legislature of the State of California rel- forward official copies of this resolution to communities through relocation or liquida- the president of the United States, to the ative to the safe return of prisoners of war tion; and captured by Yugoslav armed forces in Mac- speaker of the house of representatives and Whereas, Local and state schools, church- the president of the senate of the United edonia; to the Committee on Foreign Rela- es, and numerous charitable organizations tions. States Congress, and to all the members of would greatly benefit from the increased em- the Texas delegation to the congress with SENATE JOINT RESOLUTION NO. 11 ployment and continued family business the request that this resolution be officially leadership that would result from the repeal Whereas, California stands behind our entered into the CONGRESSIONAL RECORD as a armed forces whenever soldiers are in harm’s of the federal Death Tax; now, therefore, memorial to the Congress of the United Be It Resolved by the Senate of the Sixty-sec- way in the name of freedom and liberty; and States of America. Whereas, Many valiant Californians join ond General Assembly of the State of Colorado, POM–323. A concurrent resolution adopted the United States Armed Forces to uphold the House of Representatives concurring herein: by the Legislature of the State of Texas rel- freedom and liberty throughout the world; That the Congress of the United States is ative to the Texas Gulf Coast; to the Com- and hereby memorialized to immediately repeal mittee on Energy and Natural Resources. the Federal Unified Gift and Estate Tax. Whereas, One such brave individual, Staff HOUSE CONCURRENT RESOLUTION Sergeant Andrew A. Ramirez, exemplifies Be It Further Resolved, That copies of this Joint Memorial be sent to the President of Whereas, One of Texas’ richest and most the best qualities of California’s commit- diverse areas is that of the Gulf Coast; the ment to freedom and liberty; and the United States, the Speaker of the United States House of Representatives, the Presi- Coastal Bend abounds with treasures for all, Whereas, Staff Sergeant Andrew A. Rami- and every year thousands of visitors flock to rez was taken prisoner by Yugoslav Armed dent of the United States Senate, and each member of the Colorado congressional dele- its beaches and wetlands to enjoy the sun, Forces while he, Staff Sergeant Christopher fish the waters, appreciate its unique sce- Stone, and Specialist Steven Gonzales were gation. POM–322. A concurrent resolution adopted nery and wildlife, and bolster their spirits on a peace mission in Macedonia; and simply by being near such awe-inspiring Whereas, Staff Sergeant Andrew A. Rami- by the Legislature of the State of Texas rel- ative to McGregor Range, Fort Bliss, TX; to beauty; and rez originates from East Los Angeles in the Whereas, In addition to $7 billion per year 24th Senate District; and the Committee on Energy and Natural Re- sources. generated by coastal tourism, the area is Whereas, Staff Sergeant Andrew A. Rami- also home to half of the nation’s petro- HOUSE CONCURRENT RESOLUTION NO. 133 rez joined the United States Army in July chemical industry and over a quarter of its 1992 and is a cavalry scout in B Troop of the Whereas, Future military threats to the petroleum refining capacity; and Fourth Cavalry of the First Infantry Divi- United States and its allies may come from Whereas, Coastal tourism, the petro- sion who was stationed in Schweinfurt, Ger- technologically advanced rogue states that chemical and petroleum industries, a robust many, prior to deployment in Macedonia; for the first time are armed with long-range commercial and recreational fishing trade, and missiles capable of delivering nuclear, chem- and significant agricultural production Whereas, Communities in California and ical, or biological weapons to an increasingly make this region a vital economic and nat- especially East Los Angeles anxiously await wider range of countries; and ural resource for both the state and the na- the safe release of Staff Sergeant Andrew A. Whereas, The U.S. military strategy re- tion; and Ramirez, Staff Sergeant Christopher Stone, quires flexible and strong armed forces that Whereas, Like other coastal states located and Specialist Steven Gonzales captured by are well-trained, well-equipped, and ready to near offshore drilling activities, Texas pro- the Yugoslav Armed Forces; now, therefore, defend our nation’s interests against these vides workers, equipment, and ports of entry be it devastating weapons of mass destruction; for oil and natural gas mined offshore; while Resolved by the Senate and Assembly of the and these states derive numerous benefits from State of California, jointly, That the Legisla- Whereas, Previous rounds of military base the offshore drilling industry, they also face ture of the State of California commend closures combined with the realignment of great risks, such as coastline degradation Staff Sergeant Andrew A. Ramirez, Staff the Department of the Army force structure and spill disasters, as well as the loss of non- Sergeant Christopher Stone, and Specialist has established Fort Bliss as the Army’s Air renewable natural resources; and Steven Gonzales for courageously executing Defense Artillery Center of Excellence, thus Whereas, Although state and local authori- their duties as members of the United States making McGregor Range, which is a part of ties have worked diligently to conserve and Armed Forces; and be it further Fort Bliss, the nation’s principal training fa- protect coastal resources, securing the funds Resolved, That the Legislature respectfully cility for air defense systems; and needed to maintain air and water quality urges the President of the United States and Wheares, McGregor Range is inextricably and to ensure the existence of healthy wet- the United States Congress to do all that is linked to the advanced missile defense test- lands and beaches and protection of wildlife within their power to secure and expedite ing network that includes Fort Bliss and the is a constant challenge; and the safe return of Staff Sergeant Andrew A. White Sands Missile Range, providing, Whereas, The federal Land and Water Con- Ramirez, Staff Sergeant Christopher Stone, verifying, and maintaining the highest level servation fund was established by Congress and Specialist Steven Gonzales captured by of missile defense testing for the Patriot, in 1964 and has been one of the most success- the Yugoslav Armed Forces in Macedonia; Avenger, Stinger, and other advanced missile ful and far-reaching pieces of conservation and be it further defense systems; and and recreation legislation, using as its fund- Resolved, That the Secretary of the Senate Whereas, The McGregor Range comprises ing source the revenues from oil and gas ac- transmit copies of this resolution to the more than half of the Fort Bliss installation tivity on the Outer Continental Shelf; and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10610 CONGRESSIONAL RECORD — SENATE September 8, 1999 Whereas, The game and nongame wildlife ferring them to another Department of Vet- numbers of city, county, and special district resources of this state are a vital natural re- erans Affairs medical center in San Antonio employees; and source and provide enjoyment and other ben- or, if that is full, to private hospitals in the Whereas, estimates prepared by the Texas efits for current and future generations; and Bexar County area; and Association of Public Employees Retirement Whereas, The federal government has re- Whereas, given the investment in and im- Systems project a cost of at least $6.87 bil- ceived more than $120 billion in offshore provements to the center in the past decade, lion to Texas local government employers, drilling revenue during the past 43 years, these diminutions of service seem both a particularly school districts, and newly hired only five percent of which has been allotted waste of money and federal resources and a workers over the first 10 years of implemen- to the states; it is fair and just that Texas creation of geographic inconvenience for vet- tation; and and other coastal states should receive a erans in Kerr County and surrounding com- Whereas, city and county governments, in dedicated share of the revenue they help gen- munities; order to pay the new federal tax, might have erate; and Whereas, the continued vitality of the no choice but to reduce services such as law Whereas, Several bills are currently before Kerrville Veterans Administration Medical enforcement, fire protection, libraries, pub- the United States Congress that would allo- Center as a first-class hospital is an issue of lic health, programs for senior citizens and cate a portion of federal offshore drilling importance not only to the people of the disabled, parks and recreation, and royalties to coastal states and local commu- Kerrville and the Hill Country region but refuse collection and recycling; and nities for wildlife protection, conservation, also to Texas generally because of its stra- Whereas, school districts would experience and coastal impact projects; and tegic role in meeting the health needs of the a new source of pressure toward increasing Whereas, States and local communities citizens of this state; now, therefore, be it property taxes, and local government retire- know best how to allocate resources to ad- Resolved, That the 76th Legislature of the ment plans generally might need to be re- dress their needs, and block grants will pro- State of Texas hereby respectfully request duced due to the cost imposed by mandatory vide the best means for distributing funds; the Congress of the United States to ensure Social Security coverage; and and the future of the Kerrville Veterans Admin- Whereas, the proposed new tax is a shift of Whereas, These funds would help support istration Medical Center by providing that it a federal burden to local communities to the recipients’ efforts to renew and maintain be fully funded, staffed, and utilized, and by solve a federal problem that our state and their beaches, wetlands, urban waterfronts, restoring and promoting the health rights local governments had no hand in creating, parks, public harbors and fishing piers, and and benefits of the Texas veterans who are and under which there would be no benefit other elements of coastal infrastructure that its prospective patrons; and, be it further paid to Texas workers for more than a gen- are vital to the quality of life and economic Resolved, That the Texas secretary of state eration; now, therefore, be it and environmental well-being of these states forward official copies of this resolution to Resolved, That the 76th Legislature of the and local communities; now, therefore, be it the president of the United States, to the State of Texas hereby memorialize the Con- Resolved, That the 76th Legislature of the speaker of the house of representatives and gress of the United States and urge the State of Texas hereby respectfully urge the the president of the senate of the United President of the United States in the strong- Congress of the United States to pass legisla- States Congress, and to all the members of est possible terms to refrain from the inclu- tion embodying these principles; and, be it the Texas delegation to the congress with sion of mandatory Social Security coverage further the request that this resolution be officially for presently noncovered state and local gov- Resolved, That the Texas secretary of state entered in the Congressional Record as a me- ernment employees in any Social Security forward official copies of this resolution to morial to the Congress of the United States reform legislation; and, be it further Resolved, That the Texas secretary of state the president of the United States, to the of America. forward official copies of this resolution to speaker of the house of representatives and the President of the United States, to the the president of the senate of the United POM–325. A concurrent resolution adopted Speaker of the House of Representatives and States Congress, and to all the members of by the Legislature of the State of Texas rel- the President of the Senate of the United the Texas delegation to the congress with ative to the Social Security Trust Fund; to States Congress, and to all the members of the request that this resolution be officially the Committee on Finance. the Texas delegation to the Congress with entered in the Congressional Record as a me- HOUSE CONCURRENT RESOLUTION NO. 249 the request that this resolution be officially morial to the Congress of the United States Whereas, by 2032, the federal Social Secu- entered in the Congressional Record as a me- of America. rity Trust Fund will likely be unable to meet POM–324. A concurrent resolution adopted morial to the Congress of the United States its obligations, and comprehensive reform is by the Legislature of the State of Texas rel- of America. necessary to ensure its viability both for ative to the Kerrville Veterans Administra- present and future beneficiaries; and POM–326. A concurrent resolution adopted tion Medical Center; to the Committee on Whereas, legislation on the subject is an- by the Legislature of the State of Texas rel- Veteran’s Affairs. ticipated in the 106th Congress, and with the ative to veteran’s benefits; to the Committee HOUSE CONCURRENT RESOLUTION NO. 112 Federal Government searching for avenues on Appropriations. Whereas, the Kerrville Veterans Adminis- to restore solvency to the failing fund, atten- HOUSE CONCURRENT RESOLUTION NO. 141 tration Medical Center, which consistently tion has turned to the option of mandated Whereas, military veterans who have ranks high among Texas-based veterans’ hos- coverage for newly hired employees of pre- served their country honorably and who were pitals, is a ‘‘veteran-friendly’’ facility offer- viously noncovered state and local govern- promised and earned health care and com- ing the very best of medical care and an out- ments; and pensation and pension benefits from the fed- standing corps of affiliated physicians, Whereas, such governments were initially eral government through the Department of nurses, and support personnel; and excluded from Social Security participation Veterans Affairs are now in need of these Whereas, it is a valuable regional resource when the system was established in 1935, as benefits due to advancing age; and and a comfort to the many thousands of it was considered unconstitutional for the Whereas, the proposed budget for the De- military retirees who have settled in the Federal Government to tax counterpart gov- partment of Veterans Affairs Veterans Texas Hill Country both for the allure of ernments at the state and local levels; and Health Administration has for the fourth those environs and the close proximity in Whereas, consequently, Texas state and consecutive year proposed a straight-line their older age to the expertise of highly local governments established independent budget for veterans health care that falls qualified health practitioners; and retirement plans to meet the needs of their short of the needed funds to counter soaring Whereas, the Kerrville institution has a employees, and local government participa- medical care inflation and other costs asso- long and successful history; begun in 1919, it tion in Social Security remains optional, al- ciated with the aging veterans population; opened its doors two years later after fund- though state employees are now covered by and raising by the American Legion and appro- both Social Security and state retirement Whereas, the proposed budget calls for the priations from the 37th Legislature; the fed- plans; and elimination of nearly 8,000 full-time employ- eral government bought the facility from the Whereas, mandating coverage on newly ees from veterans health care, which further state in 1926, eventually to incorporate it hired employees of previously noncovered threatens veterans health care service by within the Veterans Affairs Medical Center governments, according to the Social Secu- placing a greater strain on patient services System; and rity Advisory Council, would extend the sol- and further endangers the quality of care for Whereas, over the last 10 years, the U.S. vency of the Social Security Trust Fund by the sick and disabled veterans of this nation; Department of Veterans Affairs has spent al- a mere two years; and and most $20 million upgrading the center, in- Whereas, such mandated coverage would Whereas, the processing of claims for serv- stalling the most modern equipment and en- result in a tax increase of 6.2 percent each ice-connected compensation and pension hancing its ability to treat and attend our for local government employees and local benefits by the Department of Veterans Af- veterans in a manner reciprocating their government employers, for a combined tax fairs Veterans Benefits Administration has service in behalf of this nation; and increase of 12.4 percent; and also suffered from inadequate budgets result- Whereas, absent a policy reversal, the cen- Whereas, there currently are over 562,000 ing in backlogs in claims processing ranging ter will be phased out for extended hospital noncovered public employees in Texas, in- in the hundreds of thousands; and care by May 1999, and will keep intensive cluding public school teachers and adminis- Whereas, the substantial backlog of serv- care patients for only 24 hours before trans- trators, public safety officers, and large ice-connected compensation and pension

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10611 claims by the Veterans Benefits Administra- the share of federal transportation dollars Whereas, scholarship opportunities are an tion has been a serious and persistent prob- that states are eligible to receive; and important way that educational institutions lem resulting in extended waits for veterans Whereas, the recent surge in the federal meet the needs and interests of student ath- and their families to receive decisions con- transportation fund, spurred by unexpected letics; and cerning application for needed benefits; and gas tax and car sales tax revenues, would Resolved, That the CIF and California high Whereas, it is necessary to enact legisla- mean that states would receive an additional schools and colleges are to be commended for tion to provide funding necessary to properly eight hundred fifty-eight million dollars the progress made already, and to encourage deliver earned health care and compensation ($858,000,000) above and beyond the amount of further efforts by all to meet the challenge and pension benefits to the aging veterans funds that was expected under last year’s of equality in sports and the greatest fulfill- population of our nation; now, therefore, be agreement; and ment of the hopes and dreams of girls and it Whereas, California’s share of that trans- women in our school; and be it further Resolved, That the 76th Legislature of the portation fund surplus would be one hundred Resolved, That programs and projects that State of Texas hereby respectfully urge the twenty-one million dollars ($121,000,000) in emphasize girls’ and women’s confidence Congress of the United States to maintain additional funds under the TEA–21 formulas, building through fitness and physical chal- its commitment to the veterans of America which funds could be used for much needed lenges in sports and outdoor adventure, such and their families by providing sufficient transportation projects; and as the Women’s Sports Foundation, Girl funding to the Department of Veterans Af- Whereas, the United States Department of Teams Adventure Training, Okinawan Ka- fairs to address the above concerns; and, be Transportation has proposed diverting the rate, and the 50’s Plus Fitness Association, it further eight hundred fifty-eight million dollar sur- be commended for their positive impact in Resolved, that the Texas secretary of state plus to federal programs; and carrying forward the fitness message for forward official copies of this resolution to Whereas, State and local governments are girls and women; and be it further the president of the United States, the presi- best qualified to evaluate the specific trans- Resolved, That parents, families, busi- dent of the senate and speaker of the house portation needs of their state local area; and nesses, women athletes who serve as positive of representatives of the United States Con- Whereas, the additional federal transpor- role models, and all others who have contrib- gress, and all members of the Texas delega- tation funds could be used for projects such uted to girls’ and women’s leadership and tion to the congress with the request that as road construction, reduction of traffic team player skills through sports and fitness this resolution be officially entered in the congestion, and air quality improvements; activities are to be commended; and be it Congressional Record as a memorial to the now, therefore, be it further Congress of the United States of America. Resolved by the Assembly and Senate of the Resolved, That the Legislature of the State State of California, jointly, That the Legisla- of California, on June 23, 1999, commemo- POM–327. A resolution adopted by the ture urges the Congress and the President of rates the 27th Anniversary of Title IX, com- Town Board of the Town of North Hemp- the United States to use the framework es- mends the movement toward increased stead, New York relative to the proposed tablished under the Transportation Equity equality and fair treatment of female ath- ‘‘Mandatory Gun Show Background Check Act for the 21st Century when allocating fed- letes, and praises the goals of greater oppor- Act’’; to the Committee on the Judiciary. eral transportation funds to California; and tunities in sports for girls and young women POM–328. A resolution adopted by the be it further in California; and be it further Council of the City of Cincinnati, Ohio rel- Resolved, That the Chief Clerk of the As- Resolved, That the Chief Clerk of the As- ative to the Community Reinvestment Act; sembly transmit copies of this resolution to sembly transmit copies of this resolution to to the Committee on Banking, Housing, and the President and Vice President of the the President and Vice President of the Urban Affairs. United States, to the Speaker of the House United States, the Speaker of the House of POM–329. A resolution adopted by the of Representatives, and to each Senator and Representatives, and each Senator and Rep- International Association of Official Human Representative from California in the Con- resentative from California in the Congress Rights Agencies relative to the Federal Fair gress of the United States. of the United States. Housing Act; to the Committee on Appro- priations. POM–338. A joint resolution adopted by the POM–339. A joint resolution adopted by the POM–330. A resolution adopted by the Na- Legislature of the State of California rel- Legislature of the State of California rel- tional Conference of Insurance Legislators ative to women in sports; to the Committee ative to poisonous and noxious weeds; to the relative to multiple employer welfare ar- on Health, Education, Labor, and Pensions. Committee on Governmental Affairs. rangements and association health plans; to ASSEMBLY JOINT RESOLUTION NO. 20 ASSEMBLY JOINT RESOLUTION NO. 4 the Committee on Health, Education, Labor, Whereas, when the California Inter- Whereas, poisonous and noxious weeds are and Pensions. scholastic Federation (CIF) was formed in spreading throughout the State of California POM–331. A resolution adopted by the Na- 1914, girls’ physical education did not include due to the use of straw for soil-erosion con- tional Conference of Lieutenant Governors interscholastic sports teams; and trol and road construction by California relative to the Visa Waiver Pilot Program; Whereas, in 1964, the CIF Federated Coun- agencies, such as the Department of Trans- to the Committee on the Judiciary. cil adopted a set of bylaws for girls’ inter- portation (CALTRANS), the Department of POM–332. A resolution adopted by the Pan scholastic sports that stated that schools Fish and Game, and the Department of For- Macedonian Association, Inc. relative to the and school districts may organize girls’ estry and Fire Protection, by federal agen- ‘‘Macedonia’’ name issue; to the Committee sports teams; and cies, such as the United States Forest Serv- on Foreign Relations. Whereas, by the 1967–68 school year, almost ice and the United States Bureau of Land POM–333. A resolution adopted by the Pan half of California’s secondary schools con- Management, and by other federal, state, Macedonian Association, Inc. relative to de- ducted CIF girls’ interscholastic athletic and county agencies; and velopments in the Balkans; to the Com- program of some degree; and Whereas, the grazing capacity of animals, mittee on Foreign Relations. Whereas, in 1972, the United States Con- wildlife habitat, and native plant species is POM–334. A petition from a citizen of the gress enacted Title IX of the Education being destroyed through the use of straw for State of Minnesota relative to the human Amendments of 1972; and these purposes; and rights of Eritreans in Ethiopia; to the com- Whereas, title IX of the Education Amend- Whereas, it is in the best interest of the mittee on Foreign Relations. ments of 1972 (hereafter Title IX) states, in state for these agencies to use materials that POM–335. A resolution adopted by the part, as follows: ‘‘No person in the United are not detrimental to our wildlife, domestic Council of the City of Naples, Florida rel- States shall, on the basis of sex, be excluded animals, and plant species; and ative to the Kosovo situation; to the Com- from participation in, be denied the benefits Whereas, California-grown rice straw is mittee on Foreign Relations. of, or be subjected to discrimination under produced in an aquatic environment and can- POM–336. A resolution adopted by the Pa- any education program or activity receiving not coexist with the yellow star thistle and cific Fishery Management Council relative Federal financial assistance . . . .’’; and other terrestrial noxious weeds of concern; to the recovery of wild Snake River salmon Whereas, prior to the enactment of Title now, therefore, be it and steelhead; to the Committee on Environ- IX, many schools refused to admit girls and Resolved by the Assembly and Senate of the ment and Public works. women to, or imposed strict limits on their State of California, Jointly, That the Legisla- POM–337. A joint resolution adopted by the participation in, a wide range of sports; and ture of the State of California respectfully Legislature of the State of California rel- Whereas, since the enactment of Title IX, memorializes all government agencies, par- ative to federal transportation funds; to the the participation and interest of girls and ticularly the United States Forest Service, Committee on Environment and Public women in sports has soared. Only 300,000 the United States Bureau of Land Manage- Works. girls participated in California high school ment, CALTRANS, the Department of Fish ASSEMBLY JOINT RESOLUTION NO. 6 sports prior to Title IX; today the number is and Game, and the Department of Forestry Whereas, the allocation of federal trans- in excess of 2.37 million; and and Fire Protection, to abstain from using portation funds was reformed under the fed- Whereas, title IX governs overall equity of nonnative plant material and encourage the eral Transportation Equity Act for the 21st opportunity in athletics, including areas use of weed-free straw or California-grown Century (P.L. 105–178), commonly known as such as equipment and supplies, travel, sup- rice straw in any of their programs within TEA–21, in a manner that greatly increases port services, and scholarships; and California; and be it further

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10612 CONGRESSIONAL RECORD — SENATE September 8, 1999 Resolved, That the Chief Clerk of the As- REPORTS OF COMMITTEES Act of 1966 to promote identification of chil- sembly transmit copies of this resolution to The following reports of committees dren eligible for benefits under, and enroll- the President and Vice President of the ment of children in, the medicaid and State United States, each Senator and Representa- were submitted: Children’s Health Insurance programs; to the tive from California in the Congress of the By Mr. CAMPBELL, from the Committee Committee on Agriculture, Nutrition, and United States, the United States Forest on Indian Affairs, with an amendment: Forestry. S. 299. A bill to elevate the position of Di- Service, and the United States Bureau of By Mr. LOTT (for himself and Mr. rector of the Indian Health Service within Land Management, and to the Director of COVERDELL): the Department of Health and Human Serv- Transportation, the Director of Fish and S.J. Res. 33. A joint resolution deploring ices to Assistant Secretary for Indian Game, and the Director of Forestry and Fire the actions of President Clinton regarding Health, and for other purposes (Rept. No. Protection. granting clemency to FALN terrorists; read 106–148). the first time. POM–340. A joint resolution adopted by the By Mr. CAMPBELL, from the Committee Legislature of the State of California rel- on Indian Affairs, with an amendment in the ative to cold storms in California; to the nature of a substitute: f Committee on Environment and Public S. 401. A bill to provide for business devel- Works. opment and trade promotion for native SUBMISSION OF CONCURRENT AND Whereas, the cold storms and consequent Americans, and for other purposes (Rept. No. SENATE RESOLUTIONS frost damage that occurred in this state dur- 106–149). ing December 1998 have affected virtually S. 613. A bill to encourage Indian economic The following concurrent resolutions every geographic area of the state; and development, to provide for the disclosure of and Senate resolutions were read, and Whereas, small businesses and farming en- Indian tribal sovereign immunity in con- referred (or acted upon), as indicated: tities have suffered actual physical damage tracts involving Indian tribes, and for other and significant economic losses; and purposes (Rept. No. 106–150). By Mr. BIDEN: Whereas, the residents of this state have S. 614. A bill to provide for regulatory re- S. Res. 179. A resolution designating Octo- suffered substantial losses as a result of the form in order to encourage investment, busi- ber 15, 1999, as ‘‘National Mammography cold storms and frost damage and have fi- ness, and economic development with re- Day’’; to the Committee on the Judiciary. nancial and practical needs equal to or spect to activities conducted on Indian lands By Mr. BAUCUS: greater than other areas that have been de- (Rept. No. 106–151). S. Con. Res. 55. A concurrent resolution es- clared as federal natural disaster areas; now, S. 406. A bill to amend the Indian Health tablishing objectives for the next round of therefore, be it Care Improvement Act to make permanent multilateral trade negotiations; to the Com- Resolved by the Assembly and Senate of the the demonstration program that allows for mittee on Finance. State of California, jointly, That the legisla- direct billing of medicare, medicaid, and ture of the State of California hereby re- other third party payors, and to expand the f spectfully memorializes the President of the eligibility under such program to other United States to declare the affected por- tribes and tribal organizations (Rept. No. STATEMENTS ON INTRODUCED tions of California as a federal natural dis- 106–152). aster areas as a result of the cold storms and By Mr. BOND, from the Committee on BILLS AND JOINT RESOLUTIONS consequent frost damage that occurred in Small Business, with amendments: By Mr. COVERDELL (for himself December 1998; and be it further S. 1156. A bill to amend provisions of law Resolved, That the Chief Clerk of the As- enacted by the Small Business Regulatory and Mr. CLELAND): sembly transmit copies of this resolution to Enforcement Fairness Act of 1996 to ensure S. 1566. A bill to direct the Adminis- the President and the Vice President of the full analysis of potential impacts on small trator of General Services to convey United States, to the Speaker of the House entities of rules proposed by certain agen- certain land to the United States Post- of Representatives, and each Senator and cies, and for other purposes (Rept. No. 106– al Service, and for other purposes; to Representative from California in the Con- 153). the Committee on Governmental Af- gress of the United States. f fairs. f INTRODUCTION OF BILLS AND THE ST. SIMONS LIGHTHOUSE PRESERVATION REPORTS OF COMMITTEES JOINT RESOLUTIONS ACT SUBMITTED DURING RECESS The following bills and joint resolu- Mr. COVERDELL. Mr. President, I Under the authority of the order of tions were introduced, read the first rise today to introduce legislation that the Senate of August 5, 1999, the fol- and second time by unanimous con- guarantees the future of a great his- lowing reports of committees were sub- sent, and referred as indicated: toric treasure in my state. For nearly mitted on August 27, 1999: By Mr. COVERDELL (for himself and 200 years, the lighthouse at St. Simons By Mr. THOMPSON, from the Committee Mr. CLELAND): Island, Georgia, stood as a sentinel at on Governmental Affairs, without amend- S. 1566. A bill to direct the Administrator the head of St. Simons Sound and guid- ment: of General Services to convey certain land to ed ships safely through dangerous H.R. 457: A bill to amend title 5, United the United States Postal Service, and for States Code, to increase the amount of leave waters and into the port of nearby other purposes; to the Committee on Govern- Brunswick. Although it is no longer time available to a Federal employee in any mental Affairs. year in connection with serving as an organ S. 1567. A bill to designate the United used for this purpose, the lighthouse donor, and for other purposes (Rept. No. 106– States courthouse located at 223 Broad remains an integral part of the St. Si- 143). Street in Albany, Georgia, as the ‘‘C.B. King mons Island community and is part of By Mr. CAMPBELL, from the Committee United States Courthouse’’; to the Com- the rich heritage of this region. Unfor- on Indian Affairs, with an amendment in the mittee on Environment and Public Works. tunately, events could soon take place nature of a substitute: By Mr. FEINGOLD (for himself, Mr. S. 28: A bill to authorize an interpretive which could do irrevocable harm to REED, Mr. LEAHY, Mr. WELLSTONE, center and related visitor facilities within this site. Mrs. BOXER, Mr. KOHL, Mr. KERRY, the Four Corners Monument Tribal Park, In 1961, the United States Postal Mr. KENNEDY, and Mr. TORRICELLI): and for other purposes (Rept. No. 106–144). S. 1568. A bill imposing an immediate sus- Service (USPS) leased part of the light- S. 400: A bill to provide technical correc- pension of assistance to the Government of house property and built a small post tions to the Native American Housing As- Indonesia until the results of the August 30, sistance and Self-Determination Act of 1996, office for the community, which is no 1999, vote in East Timor have implemented, to improve the delivery of housing assistance longer used by the USPS. The lease and for other purposes; to the Committee on to Indian tribes in a manner that recognizes was signed between the USPS and a Foreign Relations. the right of tribal self-governance, and for private citizen, who owned the prop- By Mr. KERRY (for himself and Mr. other purposes (Rept. No. 106–145). erty at the time. This agreement, KENNEDY): By Mr. BOND, from the Committee on which expires in 2011, gives the USPS Small Business, with amendments: S. 1569. A bill to amend the Wild and Sce- S. 1346: A bill to ensure the independence nic Rivers Act to designate segments of the seven options to purchase the land out- and nonpartisan operation of the office of Taunton River in the Commonwealth of Mas- right at a significant discount, with Advocacy of the Small Business Administra- sachusetts for study for potential addition to the next purchase option being in 2001. tion (Rept. No. 106–146). the National Wild and Scenic Rivers System, Since the lease was signed, many By Mr. BOND, from the Committee on and for other purposes; to the Committee on things have changed. In 1984, the title Small Business: Energy and Natural Resources. Special Report entitled ‘‘Summary of Leg- By Mr. LUGAR: to the lighthouse property was trans- islative and Oversight Activities During the S. 1570. A bill to amend the National ferred to the Coastal Georgia Histor- 105th Congress’’ (Rept. No. 106–147). School Lunch Act and the Child Nutrition ical Society, an organization dedicated

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10613 to preserving the lighthouse and Geor- and most economic assistance to the turies. In 1975, less than a year after gia’s coastal heritage. While the CGHS government of Indonesia until the the Portuguese colonial rulers left East holds the title, the lease with the President determines and certifies to Timor, the Indonesian army occupied USPS remains in effect. the Congress that a safe and secure en- East Timor, and it remains there It is very easy to see why many in vironment exists in East Timor which today. For 24 years, the people of East the St. Simons community have grave will allow the East Timorese who have Timor have been subjugated by the In- concerns about the USPS exercising its fled the militia-led violence to return donesian government and harassed by right-to-buy option. The USPS has ex- to their homes, allow the United Na- the Indonesian military. pressed its intent to exercise this op- tions Assistance Mission to East The November 1991 massacre of non- tion and immediately sell the land to a Timor, UNAMET, to resume its man- violent demonstrators in the East commercial developer for a huge profit. date, and allow the results of the Au- Timorese capital of Dili is but one ex- Many area residents do not appreciate gust 30, 1999, referendum on East ample of Indonesia’s repressive occupa- the idea of placing a highrise hotel or Timor’s political status to be fully im- tion of East Timor. Despite the harsh a fast food restaurant next to the his- plemented. rule of the Suharto regime—or maybe toric symbol of their community. At long last, on August 30, the people in spite of it—the people of East Timor The bill I am introducing today seeks of East Timor went to the polls to ex- held on to their hope for self-deter- to rectify this situation by preserving press their will about the future of mination. This dream is personified by the St. Simons Lighthouse without their homeland, choosing between a fu- people such as Nobel Peace Prize win- interfering with the profit maximiza- ture as an autonomous part of Indo- ners Jose Ramos Horta and Bishop Car- tion requirements placed on the USPS. nesia, or as an independent nation. The los Belo, who have worked tirelessly, The St. Simons Lighthouse Preserva- approximately 99 percent voter turnout and at great personal risk, for the lib- tion Act states that the General Serv- in the face of intimidation from the eration of the people of East Timor. ices Administration will locate a suffi- pro-Jakarta militias is a credit to the Following Suharto’s resignation in cient federal property of equal value to dedication and courage of the East 1998, it appeared that some positive the leased property at St. Simons and Timorese people to determine once and changes were on the horizon for the deed it to the USPS. In exchange, the for all their own political status. people of East Timor. This comes after USPS will terminate its lease. Ironically, the day of the ballot was January 27, 1999, President B.J. Habibie Passage of the St. Simons Light- relatively free of violence. But that announced that the government of In- house Preservation Act will ensure was the calm before the storm. After donesia was finally willing to learn— that future generations will be able to the polls closed, the militias began a and respect—the wishes of the people enjoy the Lighthouse and its environs. rampage throughout the territory that in that territory. On May 5, 1999, the I encourage my colleagues to work continues today. At least for UNAMET governments of Indonesia and Portugal with me to ensure quick passage of this workers have been killed and at least signed an agreement to hold a United important legislation. six other are missing. Thousands of Nations-supervised ‘‘consultation’’ on East Timorese have fled their homes, the future of East Timor. By Mr. FEINGOLD (for himself, which are being looted and burned at Before the ink was even dry on this Mr. REED, Mr. LEAHY, Mr. will by the militias. agreement, proJakarta militia WELLSTONE, Mrs. BOXER, Mr. According to some estimates, in the groups—better described as lawless KOHL, Mr. KERRY, Mr. KENNEDY, past week alone, several hundred peo- thugs—began a campaign of terror and and Mr. TORRICELLI): ple have been killed, and more than intimidation against the East Timor- S. 1568. A bill imposing an immediate 30,000 have been forced to flee their ese people aimed at quashing the inde- suspension of assistance to the Govern- homes. Television news reports have pendence movement. And these thugs ment of Indonesia until the results of shown desperate East Timorese citi- operated freely while the Indonesian the August 30, 1999, vote in East Timor zens scaling the razor-sharp barbed military looked the other way, and in have implemented, and for other pur- wire fence surrounding the UNAMET some cases, helped them. poses; to the Committee on Foreign mission in order to escape the auto- In the weeks leading up to the his- Relations. matic weapons of the advancing mili- toric referendum, the militias targeted SUSPENSION OF ASSISTANCE TO THE tias. There have been reports of be- supporters of East Timorese independ- GOVERNMENT OF INDONESIA headings. Nobel Laureate Bishop Car- ence, and members of the UNAMET Mr. FEINGOLD. Mr. President, I rise los Belo and about six thousand East who were in the territory preparing for today, along with a number of my col- Timorese who sought refuge in his the vote. leagues, to introduce a bill in response home in Dili were forced to flee when And now, the implementation of the to the ongoing violence in East Timor. his home was burned to the ground. results of this ballot, an effort which I am outraged at what is going on in Bishop Belo, who has endured years of has already been paid for by the blood East Timor today. The Indonesian gov- intimidation and countless threats on of more than 200,000 East Timorese who ernment clearly has not lived up to its his life, has since fled to Australia. The have been killed since 1975, is being de- commitment to maintain security fol- United Nations is evacuating many of layed by more violence from criminals lowing the recent referendum. In fact its workers and international observ- who cannot accept the defeat they re- it is openly supporting the militia vio- ers. ceived at the polls. lence against the majority of East The result of the ballot, which was Despite his promise to respect the Timorese, who have made clear their announced on September 4, was over- wishes of the East Timorese people, desire for an independent East Timor. whelming—78.5 percent of East Timor- President Habibie has done little to If the Indonesian government cannot, ese voted for independence. This crush- stop the violence. Yesterday, he im- or will not, maintain peace, I believe ing defeat for the pro-Jakarta militias posed martial law in East Timor, but an international peacekeeping mission and their supporters sparked even more this announcement has not ended the is the best option. The United States violence. militia rampage, and the Indonesian and the rest of the international com- Unfortunately, this is just the latest military has done nothing to halt the munity must exercise any and all le- in a wave of violence that has plagued violence. I am concerned that martial verage it has with the Indonesians to East Timor for almost a quarter of a law will only embolden the militias. allow for this contingency. In addition, century. At this point, I would like to The bill which I am introducing the United States provides a great deal recount some of East Timor’s history— today calls on the Indonesian govern- of economic and military assistance to the events that have brought the peo- ment to foster an environment in Indonesia. If the Indonesian govern- ple of that territory to the horrific vio- which the result of the August 30 ref- ment does not take steps to stop the lence that is being unleashed upon erendum can be fully implemented. violence occurring in East Timor, we them as I speak these words. And if the Indonesian government does should suspend these benefits. The East Timorese people have a not take steps to that end, all U.S. For that reason, I am today intro- long history of foreign domination. The military and most economic assistance ducing a bill which cuts off all military Portuguese ruled there for four cen- to Indonesia will be cut off. Period.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10614 CONGRESSIONAL RECORD — SENATE September 8, 1999 For too long, the Congress has al- Timor. There we found 2,000 displaced ship of Indonesia with the world com- lowed military and economic assist- persons huddled in the shadow of a half munity depends fundamentally on ance to be awarded to the government built Catholic church being protected whether or not they will respect their of Indonesia, with few conditions, de- from roving bands of militia, basically own agreement to provide safety and spite its miserable human rights record armed thugs, supported, encouraged, security for the people of East Timor and its deplorable treatment of the and, at times, directed by the Indo- and respect the results of this election. people of East Timor. It is high time nesian military authority. They were I hope they do. If there is coopera- that the Indonesian government learns there not only for protection but also tion, if a United Nations peacekeeping that the U.S. will not tolerate the vio- because they wanted to vote. They force can enter that country, it is for- lent suppression of the legitimate knew if they went back into the coun- tunate that our allies, the Australians democratic aspiration of the people of tryside, they might lose their chance and other countries, are ready, willing, East Timor. to physically be present to vote. and able at this moment to send per- Earlier this week, President Habibie As I stood before those thousands of sonnel forward in this peacekeeping asked the Indonesian people to remain poor people who have been denied force. We should be able to assist this calm in the face of the referendum re- water and food by the authorities, who force with some of the unique capac- sults. It is past time for him to direct literally were being starved away from ities and capabilities we have: intel- the Indonesian army to stop the mili- their right to vote, I told them that ligence capabilities, satellite observa- tias and to discipline those army per- the vote is more powerful than the tion, air lifts, sea lift. I don’t think it sonnel who are in collusion with the army. They believed that. A few days is necessary to commit our forces on militias in their rampage through East later, with great courage, they went to the ground, but we should be part of Timor. the polls, and, in overwhelming num- this effort to secure the peace and sta- It is imperative that President bers, they voted overwhelmingly for bility and reaffirm the validity of this Habibie and his government under- independence. election. stand that the United States Congress That vote now is being undermined While we were in East Timor, we had will not sit idly by while bands of systematically and deliberately by the occasion to visit with Bishop Belo, the thugs continue to loot and burn East military authority within Indonesia. Nobel prize winner. We had supper with Timor, kill innocent civilians, and Regretfully, we have just learned that him, very humble fare from a very drive people from their homes. the priest, Father Hilario, who was humble and saintly person. His house President Habibie said earlier this providing sanctuary in Swai, has been has already been destroyed by roving year that he would respect the wishes reported to have been killed by those mobs. East Timorese who took sanc- of the people of East Timor. His gov- violent militia bands. tuary there have been scattered and ernment also promised the World Bank This is an issue that should trouble slaughtered. Mercifully, Bishop Belo that it would live up to its commit- every person of conscience throughout has been able to escape to Australia. ments to the United Nations. It is time the world. It should particularly trou- These scenes of carnage and mayhem he shows that these statements were ble the United States, because for and madness are convulsing East more than just political rhetoric. He many years we have maintained a rela- Timor. It is the responsibility of the must stop the violence, and he must tionship with the Government of Indo- Government of Indonesia to stop the allow international peacekeepers to nesia in an attempt to provide the kind violence or to allow international enter East Timor without the threat of of support that would allow them to forces to enter at the soonest possible attack from militias or members of the evolve into a democratic country that time to stop this violence. As I indi- Indonesian army. would fulfill its promises. cated initially, this referendum was I hope the Senate will act on this im- The Government of Indonesia has not foisted upon the Government of In- portant legislation at the earliest pos- pretensions of being a great power, but donesia. It was agreed to by the Gov- sible date. We must not allow the Indo- a great power keeps its word. The Gov- ernment of Indonesia. They made sol- nesian government to continue to re- ernment of Indonesia has not kept its emn pledges to the United Nations to ceive U.S. military and economic as- word. It promised the United Nations respect the results of the vote, to con- sistance so long as it is condoning the that it would provide security and pro- duct the vote fairly without intimida- terror in East Timor. tection for the election. It promised it tion. Now they must live up to their So, Mr. President, I send a bill to the would respect the results of the elec- word or allow the United Nations and desk. Because of the urgency of the sit- tion. It promised it would protect the the world community to see that this uation in East Timor, I ask that it be lives and the property of the people of vote is respected. considered as soon as possible. East Timor, and it has failed utterly A final image I have of our time in Mr. President, I am delighted that and miserably in doing that. East Timor is going to a polling place. the next speaker will be a person who The military of Indonesia has preten- This was days before the election. We has devoted an incredible energy to sions of being a professional military were talking to these very brave inter- this issue; in fact, who recently had the force, but a professional military force national volunteers from many nations willingness and courage to go to East always follows legitimate orders of its who have risked their lives, literally, Timor, Senator REED of Rhode Island. civilian and military commanders. to be in these small towns to take the The PRESIDING OFFICER. The Sen- This army is failing miserably in doing registration. There was a young man ator from Rhode Island. that. who had come to make sure his name Mr. REED. Mr. President, I rise in There is only one choice. They must was on the rolls so he could vote. We strong support of the legislation intro- either restore order, stability, and safe- spoke with him. We asked him if he duced by my colleague, Senator FEIN- ty in East Timor, allow people to live was afraid. GOLD of Wisconsin. I do so because of freely and safely, respect the results of He said: Yes, very much so, but I will the gravity of the situation and also the election, or cooperate with the in- vote. My friends will vote. We want to because of the fact that just 2 weeks troduction of international peace- determine the future of our country. ago I had the opportunity to travel, keepers. We want to determine the future of our along with Senator HARKIN of Iowa and At the heart of the bill Senator FEIN- families and our communities. Congressman McGovern of Massachu- GOLD, myself, and Senator LEAHY are They did that. We have to respect setts, to East Timor. introducing is a very clear message to that courage and that faith in democ- We visited the town of Dili, the cap- the government and the military of In- racy and the power of the vote. We ital. Then we went into the country- donesia: Unless you restore order im- have to, internationally and individ- side. We saw the bravery and courage mediately or allow international ually as a nation, prove that the vote of people who are willing, quite lit- peacekeepers to enter East Timor, we is more powerful than the army. erally, to risk their lives to vote to de- will cut off all multilateral assistance. I am pleased and proud to join my termine their own future. We went to a We will cut off all bilateral assistance. colleagues in this resolution. I urge its town called Suai, which was a small We will cut off all military coopera- speedy consideration and passage. village in the western part of East tion. Essentially, the future relation- I yield the floor.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10615 Mr. KENNEDY. Mr. President, it is a United Nations Assistance Mission in both normal start-up problems as well privilege to join Senator FEINGOLD on East Timor to implement the transi- as other obstacles to identifying and this legislation to prohibit assistance tion to independence, and ensures that enrolling eligible children. There are to the Government of Indonesia until its armed forces abide by the principles an estimated 11 million children who that nation permits the peaceful imple- of international law. are uninsured with 7.5 million who mentation of the results of the August The people of East Timor need our could be eligible for the S-CHIP pro- 30 referendum, in which the people of help. Despite grave threats, they dem- gram. Congress envisioned that 5 mil- East Timor overwhelmingly voted in onstrated great courage and great faith lion children would receive services favor of independence from Indonesia. in the democratic process by going to under S-CHIP. As of July 1999, accord- This bill sends a clear and strong mes- the polls and voting overwhelmingly in ing to the Kaiser Family Foundation, sage to the Government of Indonesia favor of independence. The Govern- only 1.3 million children were enrolled that the United States will hold it re- ment of Indonesia has an obligation to on S-CHIP, less than half the projected sponsible for the fate of the East respect that verdict and see that it is enrollment in 1999. Timorese people. implemented peacefully. The inter- The federal child nutrition programs Tragically, we are now faced with a national community should do all it of school lunch, child care feeding and crisis of alarming proportions as a re- can to stop the violence and facilitate WIC are important sources of informa- sult of the Indonesian government’s the peaceful transition to independ- tion on potentially eligible children as ence. failure to disarm the militias and to well as a contact point with their par- guarantee the security of the East By Mr. KERRY (for himself and ents. Typically these programs collect Timorese people. The militias, to- income information that can be used to gether with Indonesian military and Mr. KENNEDY): S. 1569. A bill to amend the Wild and identify eligible children, and even en- security personnel, are committing Scenic Rivers Act to designate seg- roll children into federal health insur- gross violations of human rights. Hun- ments of the Taunton River in the ance programs. However there are lim- dreds of East Timorese have been Commonwealth of Massachusetts for its on the disclosure of school lunch killed and tens of thousands have been study for potential addition to the Na- data. While state and local health pro- forced to flee their homes, seeking ref- tional Wild and Scenic Rivers System, grams and other means-tested nutri- uge in West Timor. Hundreds have and for other purposes; to the Com- tion programs may receive this data, sought asylum in the UN compound in mittee on Energy and Natural Re- Medicaid and S-CHIP may not. the East Timorese capital of Dili. sources. Our bill will expand disclosure, sub- Bishop Belo’s home was burned and he TAUNTON RIVER WILD AND SCENIC RIVER STUDY ject to privacy provisions, to the state was forced to seek asylum in Australia. ACT OF 1999 health agency running Medicaid and S- UN personnel have been attacked and ∑ Mr. KERRY. Mr. President, I rise to CHIP. As an added protection, both the two were killed. Journalists have been introduce the Taunton River Wild and State and local education authority threatened and forced to leave East Scenic River Study Act of 1999. The bill must agree to this new disclosure. Timor. The militias and the Indonesian directs the Secretary of the Interior to military and security personnel perpe- The bill will also expand on a dem- study the Taunton River in Massachu- onstration basis the use of WIC admin- trating this violence must be stopped. setts for potential addition to the Na- All of us are deeply concerned over istrative funds. With the new author- tional Wild and Scenic Rivers Systems. ity, WIC clinics will be able to take a the violence and the likelihood of fur- The Taunton River is ecologically and ther bloodshed in the coming days. The more active role in the identification historically significant, and this legis- and enrollment of children onto the S- Indonesian Government must take re- lation is supported by local officials sponsibility for the actions of its mili- CHIP and Medicaid programs. However, and residents. Senator KENNEDY is join- since funding for WIC is discretionary tary and security personnel. If the Gov- ing this bill as an original cosponsor.∑ ernment of Indonesia cannot or will and funds for required program activi- not stop the violence, it must permit By Mr. LUGAR: ties are tight, the number of sites will the international community to do so. S. 1570. A bill to amend the National be limited. The General Accounting Of- I strongly support the call for an inter- School Lunch Act and the Child Nutri- fice will be required to determine the national peacekeeping force, author- tion Act of 1966 to promote identifica- added cost of the program. ized by the United Nations Security tion of children eligible for benefits Finally the bill will fund demonstra- Council, to intervene to restore secu- under, and enrollment of children in, tion grants to states. The demonstra- rity in East Timor and to implement the medicaid and State Children’s tion projects will integrate nutrition the results of the referendum. Health Insurance programs; to the program grantees (schools, child care By stopping all U.S. assistance to In- Committee on Agriculture, Nutrition, centers and WIC clinics) and other so- donesia, this legislation will encourage and Forestry. cial service programs with the federal the Indonesian government to meet its S-CHIP IMPROVEMENT ACT OF 1999 health care programs for low income international commitments and to en- Mr. LUGAR. Mr. President, I rise children. States will form comprehen- sure that its military and security today to introduce the Access to Chil- sive informational and enrollment forces abide by international law. The dren’s Health Insurance Program Act. projects to be eligible for the funding. United States and the international Joining me in this effort is my col- Mr. President, this bill removes bu- community must use their economic league from Indiana in the other body, reaucratic barriers so that more poor leverage to encourage the Indonesian Representative JULIA CARSON. children may receive the health care government to stop the violence in Congress created the S-CHIP pro- they need. It does this by allowing one East Timor and permit a peaceful tran- gram in the Balanced Budget Act of government entity to share informa- sition to independence. As long as this 1997 as a new federal-state partnership tion it possesses with another govern- crisis continues, international finan- to expand health insurance coverage ment entity responsible for health cial institutions must not permit addi- for low-income children not eligible for care. I urge my colleagues to support tional resources to flow to the Indo- Medicaid. Under S-CHIP states may this bill. nesian government—resources which cover children in families up to 200 per- Mr. President, I ask unanimous con- could be used by military and security cent of the federal poverty level or, in sent that the text of the bill be printed forces to continue the violence. In par- states with Medicaid income levels for in the RECORD. ticular, the International Monetary children already at or above 200 per- Fund should not approve the disburse- cent of poverty, within 50 percent over There being no objection, the bill was ment of the remaining $2 billion of an the state’s current Medicaid income ordered to be printed in the RECORD, as already-approved $12 billion loan. eligibility limit. Congress provided follows: The Indonesian government must over $4 billion annually to match state S. 1570 know that these sanctions will remain expenditures for this program. Be it enacted by the Senate and House of Rep- in effect until it ensures the safety of Implementation of the S-CHIP pro- resentatives of the United States of America in the East Timorese people, permits the gram has been slow. States have faced Congress assembled,

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10616 CONGRESSIONAL RECORD — SENATE September 8, 1999 SECTION 1. SHORT TITLE. ‘‘(B) a State child health plan under title from Indiana (Mr. LUGAR) were added This Act may be cited as the ‘‘SCHIP Im- XXI of the Social Security Act (42 U.S.C. as cosponsors of S. 285, a bill to amend provement Act of 1999’’. 1397aa et seq.). title II of the Social Security Act to re- SEC. 2. LIMITED WAIVER OF CONFIDENTIALITY ‘‘(2) ELIGIBLE ENTITIES.—An eligible entity store the link between the maximum REQUIREMENT. referred to in paragraph (1) is— Section 9(b)(2)(C)(iii) of the National ‘‘(A) a school or school food authority par- amount of earnings by blind individ- School Lunch Act (42 U.S.C. 1758(b)(2)(C)(iii)) ticipating in the school lunch program under uals permitted without demonstrating is amended— this Act; ability to engage in substantial gainful (1) in subclause (II), by striking ‘‘and’’ at ‘‘(B) an institution participating in the activity and the exempt amount per- the end; child and adult care food program under sec- mitted in determining excess earnings (2) in subclause (III), by striking the period tion 17; under the earnings test. at the end and inserting ‘‘; and’’; and ‘‘(C) a local agency participating in the S. 345 (3) by adding at the end the following: special supplemental nutrition program for ‘‘(IV) a person directly connected with the women, infants, and children under section At the request of Mr. ALLARD, the administration of a State plan under title 17 of the Child Nutrition Act of 1966 (42 name of the Senator from Vermont XIX of the Social Security Act (42 U.S.C. 1396 U.S.C. 1786); or (Mr. JEFFORDS) was added as a cospon- et seq.) or a State child health plan under ‘‘(D) any other nongovernmental social sor of S. 345, a bill to amend the Ani- title XXI of that Act (42 U.S.C. 1397aa et seq.) service provider. mal Welfare Act to remove the limita- for the purpose of identifying children eligi- ‘‘(3) USE OF FUNDS FOR WIC DEMONSTRATION tion that permits interstate movement ble for benefits under, and enrolling children PROJECT.—The authorized uses of grant funds in, any such plan, except that this subclause of live birds, for the purpose of fight- under this subsection shall include carrying ing, to States in which animal fighting shall apply with respect to the agency from out the demonstration project under section which the information would be obtained 17(q) of the Child Nutrition Act of 1966 (42 is lawful. only if the State and the agency so elect.’’. U.S.C. 1786(q)). S. 391 SEC. 3. DEMONSTRATION PROJECT. ‘‘(4) FUNDING.—Out of any moneys in the At the request of Mr. KERREY, the (a) IN GENERAL.—Section 17 of the Child Treasury not otherwise appropriated, the names of the Senator from Texas (Mrs. Nutrition Act of 1966 (42 U.S.C. 1786) is Secretary of the Treasury shall provide to HUTCHISON), the Senator from Colorado amended by adding at the end the following: the Secretary to carry out this subsection (Mr. CAMPBELL), the Senator from Lou- ‘‘(q) DEMONSTRATION PROJECT RELATING TO $6,000,000 for each of fiscal years 2000 through isiana (Ms. LANDRIEU), and the Senator USE OF WIC FUNDS FOR IDENTIFICATION AND 2003. The Secretary shall be entitled to re- ENROLLMENT OF CHILDREN IN CERTAIN HEALTH ceive the funds and shall accept the funds, from Virginia (Mr. ROBB) were added as PROGRAMS.— without further Act of appropriation.’’. cosponsors of S. 391, A bill to provide ‘‘(1) IN GENERAL.—The Secretary shall es- for payments to children’s hospitals tablish a demonstration project in not more f that operate graduate medical edu- than 40 local agencies in not fewer than 2 ADDITIONAL COSPONSORS cation programs. States under which costs of nutrition serv- S. 406 ices and administration (as defined in sub- S. 37 At the request of Mr. MURKOWSKI, the section (b)(4)) shall include the costs of iden- At the request of Mr. GRASSLEY, the tification of children eligible for benefits names of the Senator from Hawaii (Mr. name of the Senator from Utah (Mr. under, and enrollment of children in— HATCH) was added as a cosponsor of S. INOUYE), the Senator from Nebraska ‘‘(A) a State plan under title XIX of the 406, a bill to amend the Indian Health (Mr. HAGEL), and the Senator from Vir- Social Security Act (42 U.S.C. 1396 et seq.); Care Improvement Act to make perma- ginia (Mr. WARNER) were added as co- and nent the demonstration program that ‘‘(B) a State child health plan under title sponsors of S. 37, a bill to amend title XXI of that Act (42 U.S.C. 1397aa et seq.). XVIII of the Social Security Act to re- allows for direct billing of medicare, ‘‘(2) REPORT ON EVALUATION OF COSTS.—Not peal the restriction on payment for medicaid, and other third party payors, later than 18 months after the date of enact- certain hospital discharges to post- and to expand the eligibility under ment of this subsection, the Comptroller acute care imposed by section 4407 of such program to other tribes and tribal General of the United States shall submit to the Balanced Budget Act of 1997. organizations. Congress a report evaluating the costs asso- S. 484 ciated with implementation of the dem- S. 121 At the request of Mr. CAMPBELL, the onstration project, including an evaluation At the request of Mr. FEINGOLD, the names of the Senator from Massachu- of the Federal and State costs per child en- name of the Senator from New Jersey setts (Mr. KERRY), the Senator from rolled in a State plan described in paragraph (Mr. TORRICELLI) was added as a co- Montana (Mr. BURNS), and the Senator (1). sponsor of S. 121, a bill to amend cer- ERMINATION OF AUTHORITY from South Carolina (Mr. THURMOND) ‘‘(3) T .—The au- tain Federal civil rights statutes to thority provided by this subsection termi- were added as cosponsors of S. 484, a prevent the involuntary application of nates September 30, 2003.’’. bill to provide for the granting of ref- arbitration to claims that arise from (b) TECHNICAL AMENDMENTS.—Section 17 of ugee status in the United States to na- the Child Nutrition Act of 1966 (42 U.S.C. unlawful employment discrimination tionals of certain foreign countries in 1786)— based on race, color, religion, sex, age, which American Vietnam War POW/ (1) in subsection (b)(4), by striking ‘‘(4)’’ or disability, and for other purposes. and all that follows through ‘‘means’’ and in- MIAs or American Korean War POW/ S. 218 serting ‘‘(4) ‘Costs of nutrition services and MIAs may be present, if those nation- administration’ or ‘nutrition services and At the request of Mr. MOYNIHAN, the als assist in the return to the United administration’ means’’; and name of the Senator from Tennessee States of those POW/MIAs alive. (2) in subsection (h)(1)(A), by striking HOMPSON (Mr. T ) was added as a cospon- S. 486 ‘‘costs incurred by State and local agencies sor of S. 218, a bill to amend the Har- At the request of Mr. LEAHY, his for nutrition services and administration’’ monized Tariff Schedule of the United and inserting ‘‘costs of nutrition services name was added as a cosponsor of S. States to provide for equitable duty 486, a bill to provide for the punish- and administration incurred by State and treatment for certain wool used in local agencies’’. ment of methoamphetamine laboratory making suits. SEC. 3. GRANTS FOR IDENTIFICATION AND EN- operators, provide additional resources ROLLMENT EFFORTS. S. 249 to combat methamphetamine produc- Section 12 of the National School Lunch At the request of Mr. LEAHY, his tion, trafficking, and abuse in the Act (42 U.S.C. 1760) is amended by adding at name was added as a cosponsor of S. the end the following: United States, and for other purposes. ‘‘(p) GRANTS FOR IDENTIFICATION AND EN- 249, a bill to provide funding for the At the request of Mr. HATCH, the ROLLMENT EFFORTS.— National Center for Missing and Ex- names of the Senator from Arkansas ‘‘(1) IN GENERAL.—The Secretary shall ploited Children, to reauthorize the (Mr. HUTCHINSON), the Senator from make grants to States to carry out State Runaway and Homeless Youth Act, and Wisconsin (Mr. FEINGOLD), and the Sen- plans to involve eligible entities described in for other purposes. ator from Michigan (Mr. LEVIN) were paragraph (2) in the identification of chil- S. 285 added as cosponsors of S. 486, supra. dren eligible for benefits under, and enroll- S. 512 ment of children in— At the request of Mr. MCCAIN, the ‘‘(A) a State plan under title XIX of the names of the Senator from Hawaii (Mr. At the request of Mr. GORTON, the Social Security Act (42 U.S.C. 1396 et seq.); INOUYE), the Senator from Massachu- name of the Senator from Louisiana and setts (Mr. KERRY), and the Senator (Mr. BREAUX) was added as a cosponsor

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10617 of S. 512, a bill to amend the Public the list of substances with respect to (Mrs. LINCOLN) was added as a cospon- Health Service Act to provide for the which reporting and other activities sor of S. 1075, a bill to promote re- expansion, intensification, and coordi- are required under the risk manage- search to identify and evaluate the nation of the activities of the Depart- ment plan program health effects of silicone breast im- ment of Health and Human Services S. 954 plants, and to insure that women and with respect to research on autism. At the request of Mr. THOMAS, his their doctors receive accurate informa- S. 514 name was added as a cosponsor of S. tion about such implants. At the request of Mr. COCHRAN, the 954, a bill to amend title 18, United S. 1076 names of the Senator from Connecticut States Code, to protect citizens’ rights At the request of Mr. STEVENS, his (Mr. DODD) and the Senator from Wash- under the Second Amendment to ob- name was added as a cosponsor of S. ington (Mrs. MURRAY) were added as tain firearms for legal use, and for 1076, a bill to amend title 38, United cosponsors of S. 514, a bill to improve other purposes. States Code, to provide a cost-of-living the National Writing Project. S. 956 adjustment in rates of compensation At the request of Ms. SNOWE, the S. 541 paid to veterans with service-con- name of the Senator from Arkansas At the request of Ms. COLLINS, the nected disabilities, to enhance pro- (Mrs. LINCOLN) was added as a cospon- name of the Senator from Arkansas grams providing health care, edu- sor of S. 956, a bill to establish pro- cation, and other benefits for veterans, (Mrs. LINCOLN) was added as a cospon- grams regarding early detection, diag- sor of S. 541, a bill to amend title XVIII to authorize major medical facility nosis, and interventions for newborns projects, to reform eligibility for burial of the Social Security Act to make cer- and infants with hearing loss. tain changes related to payments for in Arlington National Cemetery, and S. 980 graduate medical education under the for other purposes. At the request of Mr. BAUCUS, the S. 1196 medicare program. names of the Senator from Arkansas At the request of Mr. COVERDELL, the S. 552 (Mr. HUTCHINSON) and the Senator from names of the Senator from South Da- At the request of Mr. ALLARD, the Louisiana (Ms. LANDRIEU) were added name of the Senator from Wyoming as cosponsors of S. 980, a bill to pro- kota (Mr. JOHNSON) and the Senator (Mr. THOMAS) was added as a cosponsor mote access to health care services in from Minnesota (Mr. WELLSTONE) were of S. 552, a bill to provide for budgetary rural areas. added as cosponsors of S. 1196, a bill to improve the quality, timeliness, and reform by requiring a balanced Federal S. 1003 credibility of forensic science services budget and the repayment of the na- At the request of Mr. ROCKEFELLER, tional debt. the name of the Senator from Con- for criminal justice purposes. S. 726 necticut (Mr. LIEBERMAN) was added as S. 1200 At the request of Mr. CAMPBELL, the a cosponsor of S. 1003, a bill to amend At the request of Ms. SNOWE, the name of the Senator from Georgia (Mr. the Internal Revenue Code of 1986 to name of the Senator from Louisiana CLELAND) was added as a cosponsor of provide increased tax incentives for the (Ms. LANDRIEU) was added as a cospon- S. 726, a bill to establish a matching purchase of alternative fuel and elec- sor of S. 1200, a bill to require equitable grant program to help State and local tric vehicle, and for other purposes. coverage of prescription contraceptive jurisdictions purchase bullet resistant S. 1029 drugs and devices, and contraceptive equipment for use by law enforcement At the request of Mr. COCHRAN, the services under health plans. departments. name of the Senator from Washington S. 1220 S. 783 (Mrs. MURRAY) was added as a cospon- At the request of Mr. GRAMS, his At the request of Mrs. FEINSTEIN, the sor of S. 1029, a bill to amend title III name was added as a cosponsor of S. name of the Senator from Georgia (Mr. of the Elementary and Secondary Edu- 1220, a bill to provide additional fund- CLELAND) was added as a cosponsor of cation Act of 1965 to provide for digital ing to combat methamphetamine pro- S. 783, a bill to limit access to body education partnerships. duction and abuse, and for other pur- armor by violent felons and to facili- S. 1044 poses. tate the donation of Federal surplus At the request of Mr. KENNEDY, the S. 1235 body armor to State and local law en- names of the Senator from North Caro- At the request of Mr. LEAHY, the forcement agencies. lina (Mr. EDWARDS), the Senator from name of the Senator from North Caro- Louisiana (Ms. LANDRIEU), the Senator S. 800 lina (Mr. HELMS) was added as a co- from Maine (Ms. SNOWE), the Senator At the request of Mr. GRAMS, his sponsor of S. 1235, a bill to amend part from New York (Mr. SCHUMER), the name was added as a cosponsor of S. G of title I of the Omnibus Crime Con- Senator from Connecticut (Mr. LIEBER- 800, a bill to promote and enhance pub- trol and Safe Streets Act of 1968 to MAN), and the Senator from Wash- lic safety through the use of 9-1-1 as allow railroad police officers to attend ington (Mrs. MURRAY) were added as the Federal Bureau of Investigation the universal emergency assistance cosponsors of S. 1044, a bill to require number, further deployment of wireless National Academy for law enforcement coverage for colorectal cancer training. 9-1-1 service, support of States in up- screenings. grading 9-1-1 capabilities and related S. 1244 S. 1053 functions, encouragement of construc- At the request of Mr. THOMPSON, the At the request of Mr. BOND, the name tion and operation of seamless, ubiq- name of the Senator from Nebraska of the Senator from Mississippi (Mr. uitous, and reliable networks for per- (Mr. HAGEL) was added as a cosponsor LOTT) was added as a cosponsor of S. sonal wireless services, and for other 1053, a bill to amend the Clean Air Act of S. 1244, a bill to establish a 3-year purposes. to incorporate certain provisions of the pilot project for the General Account- S. 805 transportation conformity regulations, ing Office to report to Congress on eco- At the request of Mr. DURBIN, the as in effect on March 1, 1999. nomically significant rules of Federal agencies, and for other purposes. name of the Senator from New Mexico S. 1070 (Mr. BINGAMAN) was added as a cospon- At the request of Mr. BOND, the name S. 1255 sor of S. 805, a bill to amend title V of of the Senator from Alaska (Mr. MUR- At the request of Mr. LEAHY, his the Social Security Act to provide for KOWSKI) was added as a cosponsor of S. name was added as a cosponsor of S. the establishment and operation of 1070, a bill to require the Secretary of 1255, a bill to protect consumers and asthma treatment services for chil- Labor to wait for completion of a Na- promote electronic commerce by dren, and for other purposes. tional Academy of Sciences study be- amending certain trademark infringe- S. 880 fore promulgating a standard, regula- ment, dilution, and counterfeiting At the request of Mr. KERRY, his tion or guideline on ergonomics. laws, and for other purposes. name was withdrawn as a cosponsor of S. 1075 S. 1262 S. 880, a bill to amend the Clean Air At the request of Mrs. BOXER, the At the request of Mr. REED, the name Act to remove flammable fuels from name of the Senator from Arkansas of the Senator from Connecticut (Mr.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10618 CONGRESSIONAL RECORD — SENATE September 8, 1999 DODD) was added as a cosponsor of S. dent to award a gold medal on behalf of COLLINS) and the Senator from South 1262, a bill to amend the Elementary Congress to Father Theodore M. Dakota (Mr. DASCHLE) were added as and Secondary Education Act of 1965 to Hesburg, in recognition of his out- cosponsors of S. 1487, a bill to provide provide up-to-date school library me- standing and enduring contributions to for excellence in economic education, dial resources and well-trained, profes- civil rights, higher education, the and for other purposes. sionally certified school library media Catholic Church, the Nation, and the S. 1538 specialists for elementary schools and global community. At the request of Mr. LEAHY, the secondary schools, and for other pur- S. 1358 names of the Senator from Maryland poses. At the request of Mr. JEFFORDS, the (Mr. SARBANES) and the Senator from S. 1263 names of the Senator from Maryland Connecticut (Mr. DODD) were added as At the request of Mr. JEFFORDS, the (Ms. MIKULSKI), the Senator from cosponsors of S. 1538, a bill to amend names of the Senator from Kansas (Mr. Washington (Mrs. MURRAY), and the the Communications Act of 1934 to ROBERTS), the Senator from Maine (Ms. Senator from Hawaii (Mr. INOUYE) were clarify State and local authority to SNOWE), the Senator from North Caro- added as cosponsors of S. 1358, a bill to regulate the placement, construction, lina (Mr. HELMS), and the Senator from amend title XVIII of the Social Secu- and modification of broadcast trans- Arkansas (Mrs. LINCOLN) were added as rity Act to provide more equitable pay- mission and telecommunications facili- cosponsors of S. 1263, a bill to amend ments to home health agencies under ties, and for other purposes. the Balanced Budget Act of 1997 to the medicare program. S. 1550 limit the reductions in medicare pay- S. 1400 At the request of Mr. WELLSTONE, the ments under the prospective payment At the request of Mrs. BOXER, the names of the Senator from New York system for hospital outpatient depart- name of the Senator from Hawaii (Mr. (Mr. SCHUMER) and the Senator from Il- ment services. INOUYE) was added as a cosponsor of S. linois (Mr. DURBIN) were added as co- S. 1268 1400, a bill to protect women’s repro- sponsors of S. 1550, a bill to extend cer- At the request of Mr. HARKIN, the ductive health and constitutional right tain Medicare community nursing or- name of the Senator from Hawaii (Mr. to choice, and for other purposes. ganization demonstration projects. S. 1420 INOUYE) was added as a cosponsor of S. SENATE JOINT RESOLUTION 26 At the request of Mr. KERRY, the 1268, a bill to amend the Public Health At the request of Mr. SMITH, the name of the Senator from New Jersey Service Act to provide support for the name of the Senator from Minnesota (Mr. LAUTENBERG) was added as a co- modernization and construction of bio- (Mr. GRAMS) was added as a cosponsor sponsor of S. 1420, a bill to establish a medical and behavioral research facili- of Senate Joint Resolution 26, a joint fund for the restoration and protection ties and laboratory instrumentation. resolution expressing the sense of Con- of ocean and coastal resources, to S. 1269 gress with respect to the courtmartial amend and reauthorize the Coastal At the request of Mr. MCCONNELL, conviction of the late Rear Admiral Zone Management Act of 1972, and for the name of the Senator from Wyoming Charles Butler McVay, III, and calling other purposes. (Mr. THOMAS) was added as a cosponsor upon the President to award a Presi- of S. 1269, a bill to provide that the S. 1454 dential Unit Citation to the final crew Federal Government and States shall At the request of Mr. BIDEN, his name of the U.S.S. Indianapolis. was added as a cosponsor of S. 1454, a be subject to the same procedures and SENATE CONCURRENT RESOLUTION 9 bill to amend the Internal Revenue substantive laws that would apply to At the request of Ms. SNOWE, the persons on whose behalf certain civil Code of 1986 to expand the incentives for the construction and renovation of names of the Senator from Connecticut actions may be brought, and for other (Mr. LIEBERMAN) and the Senator from purposes. public schools and to provide tax incen- tives for corporations to participate in Ohio (Mr. DEWINE) were added as co- S. 1272 cooperative agreements with public sponsors of Senate Concurrent Resolu- At the request of Mr. NICKLES, the schools in distressed areas. tion 9, a concurrent resolution calling name of the Senator from Ohio (Mr. for a United States effort to end re- S. 1459 DEWINE) was added as a cosponsor of S. strictions on the freedoms and human At the request of Mr. MACK, the name 1272, a bill to amend the Controlled rights of the enclaved people in the oc- of the Senator from Washington (Mr. Substances Act to promote pain man- cupied area of Cyprus. GORTON) was added as a cosponsor of S. agement and palliative care without 1459, a bill to amend title XVIII of the SENATE RESOLUTION 92 permitting assisted suicide and eutha- Social Security Act to protect the At the request of Mrs. BOXER, the nasia, and for other purposes. right of a medicare beneficiary en- names of the Senator from Ohio (Mr. S. 1310 rolled in a Medicare+Choice plan to re- DEWINE), the Senator from North Da- At the request of Ms. COLLINS, the ceive services at a skilled nursing facil- kota (Mr. CONRAD), and the Senator names of the Senator from Arkansas ity selected by that individual. from Louisiana (Ms. LANDRIEU) were (Mrs. LINCOLN) and the Senator from S. 1468 added as cosponsors of Senate Resolu- Nebraska (Mr. HAGEL) were added as At the request of Mr. LOTT, the name tion 92, a resolution expressing the cosponsors of S. 1310, a bill to amend of the Senator from Oregon (Mr. sense of the Senate that funding for title XVIII of the Social Security Act WYDEN) was added as a cosponsor of S. prostate cancer research should be in- to modify the interim payment system 1468, a bill to authorize the minting creased substantially. for home health services, and for other and issuance of Capitol Visitor Center SENATE RESOLUTION 99 purposes. Commemorative coins, and for other At the request of Mr. REID, the S. 1317 purposes. names of the Senator from Utah (Mr. At the request of Mr. AKAKA, the S. 1473 HATCH), the Senator from North Da- names of the Senator from Massachu- At the request of Mr. ROBB, the kota (Mr. CONRAD), and the Senator setts (Mr. KERRY) and the Senator from names of the Senator from Massachu- from New Jersey (Mr. TORRICELLI) were California (Mrs. BOXER) were added as setts (Mr. KENNEDY) and the Senator added as cosponsors of Senate Resolu- cosponsors of S. 1317, a bill to reauthor- from Virginia (Mr. WARNER) were added tion 99, a resolution designating No- ize the Welfare-To-Work program to as cosponsors of S. 1473, a bill to amend vember 20, 1999, as ‘‘National Survivors provide additional resources and flexi- section 2007 of the Social Security Act for Prevention of Suicide Day.’’ bility to improve the administration of to provide grant funding for additional AMENDMENT NO. 1493 the program. Empowerment Zones, Enterprise Com- At the request of Mr. BENNETT the S. 1332 munities, and Strategic Planning Com- names of the Senator from Connecticut At the request of Mr. BAYH, the name munities, and for other purposes. (Mr. DODD) and the Senator from of the Senator from Georgia (Mr. S. 1487 Rhode Island (Mr. CHAFEE) were added COVERDELL) was added as a cosponsor At the request of Mr. AKAKA, the as cosponsors of amendment No. 1493 of S. 1332, a bill to authorize the Presi- names of the Senator from Maine (Ms. intended to be proposed to H.R. 2466, a

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10619 bill making appropriations for the De- Whereas the World Trade Organization is (6) To expand the Information Technology partment of the Interior and related the single most important mechanism by Agreement product coverage and participa- agencies for the fiscal year ending Sep- which global commerce is regulated; and tion. tember 30, 2000, and for other purposes. Whereas the United States will host the (7) To make duty-free treatment of elec- World Trade Organization Ministerial Meet- tronic transmissions permanent. AMENDMENT NO. 1577 ing in Seattle in November 1999: Now, there- (8) To negotiate short timetables for accel- At the request of Mr. BAYH his name fore, be it erated tariff elimination in sectors identified was added as a cosponsor of amend- Resolved by the Senate (the House of Rep- in prior international trade meetings, par- ment No. 1577 proposed to H.R. 2466, a resentatives concurring), ticularly in environmental goods. bill making appropriations for the De- SECTION 1. SENSE OF CONGRESS. SEC. 5. OTHER TRADE-RELATED ISSUES. partment of the Interior and related It is the sense of Congress that the execu- The negotiating objectives of the United agencies for the fiscal year ending Sep- tive branch of the Government should pursue States with respect to other trade-related tember 30, 2000, and for other purposes. the objectives described in this concurrent issues should be the following: (1) To achieve broad participation in Mu- At the request of Mr. GRAHAM the resolution in any negotiations undertaken tual Recognition Agreements (MRA’s) on name of the Senator from Missouri with respect to the next round of multilat- eral trade negotiations at the World Trade product standards, conformity assessment, (Mr. BOND) was added as a cosponsor of Organization Ministerial Meeting in Seattle, and certification procedures. amendment No. 1577 proposed to H.R. Washington. (2) To expand the scope of the Government 2466, supra. SEC. 2. AGRICULTURE. Procurement Agreement and make it part of the World Trade Organization undertaking. AMENDMENT NO. 1600 The negotiating objectives of the United (3) To strengthen protection of intellectual At the request of Mr. MURKOWSKI the States with respect to agriculture should be property, including patents, trademarks, name of the Senator from Wyoming the following: trade secrets, and industrial layout. (Mr. THOMAS) was added as a cosponsor (1) To eliminate all current and prohibit (4) To complete the harmonization of rules all future price subsidies and export taxes. of Amendment No. 1600 intended to be of origin. (2) To negotiate stronger disciplines on proposed to H.R. 2466, a bill making ap- (5) To strengthen prohibitions against state-owned trading enterprises, including propriations for the Department of the mandatory technology transfer under the cross-subsidization, reserved market share, Interior and related agencies for the Trade-Related Investment Measures Agree- and price undercutting. ment. fiscal year ending September 30, 2000, (3) With respect to tariffs, to pursue zero- (6) To broaden agreements on customs-re- and for other purposes. for-zero or harmonization agreements for lated issues to facilitate the rapid movement At the request of Mr. MURKOWSKI the products where current tariff levels are so of goods. name of the Senator from South Da- disparate that proportional reductions would (7) To make permanent and binding the kota (Mr. JOHNSON) was withdrawn as a yield an unbalanced result. moratorium on tariffs on electronic trans- (4) To target peak tariffs for reduction on cosponsor of amendment No. 1600 in- missions. a specific timetable. tended to be proposed to H.R. 2466, (8) To establish a consensus that electronic (5) To eliminate all tariffs that are less supra. commerce is neither exclusively a good nor than 5 percent. exclusively a service, and develop rules for AMENDMENT NO. 1603 (6) To negotiate an agreement that binds transparency, notification, and review of do- At the request of Mrs. HUTCHISON the all tariffs at zero wherever possible. mestic regulations. name of the Senator from Alabama (7) To phase out all tariff rate quotas. (9) To reach a global agreement on liberal (Mr. SHELBY) was added as a cosponsor (8) To eliminate all market-distorting do- treatment of digital products in a techno- mestic subsidies. of amendment No. 1603 proposed to logically neutral manner. (9) To eliminate technology-based dis- H.R. 2466, a bill making appropriations (10) To negotiate an agreement for deter- crimination of agricultural commodities. for the Department of the Interior and mining when multilateral environmental (10) To negotiate agriculture and nonagri- related agencies for the fiscal year end- agreements are consistent with the prin- culture issues as a single undertaking, with ciples of the World Trade Organization. ing September 30, 2000, and for other full implementation of any early agreement (11) To undertake early review of potential purposes. contingent on an acceptable final package. environmental impacts of all global agree- At the request of Mr. GRAMM his (11) To reach agreements to eliminate uni- ments with a view toward mitigating any ad- name was added as a cosponsor of lateral agricultural sanctions as a tool of verse effects. amendment No. 1603 proposed to H.R. foreign policy. (12) To reach agreement that goods and 2466, supra. SEC. 3. SERVICES. services produced by forced, prison, or child f The negotiating objectives of the United labor are not protected by international States with respect to services should be the SENATE CONCURENT RESOLUTION trade rules. following: (13) To establish a mechanism for joint re- 55—ESTABLISHING OBJECTIVES (1) To achieve binding commitments on search and between the World Trade Organi- FOR THE NEXT ROUND OF MUL- market access and national treatment. zation and the International Labor Organiza- TILATERAL TRADE NEGOTIA- (2) To achieve broad participation from all tion (ILO). TIONS World Trade Organization members in the (14) To institute explicit procedures for in- negotiation of any agreement. clusion of core labor standards in the coun- Mr. BAUCUS submitted the following (3) To proceed on a ‘‘negative list’’ basis so concurrent resolution; which was re- try reports of the World Trade Organization that all services will be covered unless spe- Trade Policy Review Mechanism. ferred to the Committee on Finance: cifically listed. SEC. 6. WORLD TRADE ORGANIZATION INSTITU- S. CON. RES. 55 (4) To prevent discrimination based on the TIONAL ISSUES. Whereas obtaining open, equitable, and re- mode of delivery, including electronic deliv- The negotiating objectives of the United ciprocal market access will benefit both the ery. States with respect to World Trade Organiza- United States and its trading partners; (5) To negotiate disciplines on trans- tion institutional issues should be the fol- Whereas eliminating or reducing trade bar- parency and responsiveness of domestic regu- lowing: riers and trade distorting practices will en- lations of services. (1) To reach agreement not to implement hance export opportunities for American in- SEC. 4. INDUSTRIAL MARKET ACCESS. any new trade restrictive measures during dustry, agricultural products, and services; The negotiating objectives of the United the 3-year negotiating period beginning with Whereas strengthening international dis- States with respect to industrial market ac- the Seattle Ministerial Meeting. ciplines on restrictive or trade-distorting cess should be the following: (2) To broaden membership in the World import and export practices will improve the (1) To pursue zero-for-zero or harmoni- Trade Organization by accelerating acces- global commercial environment; zation agreements for products where cur- sions. Whereas preserving existing rules that pro- rent tariff levels are so disparate that pro- (3) To shorten the timeframes of dispute hibit unfair trade practices is a necessary ad- portional reductions would yield an unbal- resolution. junct to promoting commerce; anced result. (4) To increase transparency, citizen ac- Whereas expanding trade will foster eco- (2) To target peak tariffs for reduction on cess, and responsiveness to submissions from nomic growth required for full employment a specific timetable. nongovernmental organizations. in the United States and the global economy; (3) To eliminate all tariffs that are less (5) To strengthen disciplines governing the Whereas growth in international trade has than 5 percent. coverage and implementation of free trade immediate and significant consequences for (4) To negotiate agreements that bind tar- agreements. sound natural resource use and environ- iffs at zero wherever possible. (6) To reach an agreement to cooperate mental protection, and for the practice of (5) To achieve broad participation in all with the International Monetary Fund, the sustainable development; harmonization efforts. International Bank for Reconstruction and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10620 CONGRESSIONAL RECORD — SENATE September 8, 1999 Development, United Nations organizations, The resolution I am submitting today us well. The WTO is a governmental and international economic institutions in fulfills our obligation by giving the Ex- body. The citizens of the nations which trade-related policy matters. ecutive Branch specific goals for the compose the WTO have a right to know SEC. 7. ISSUES NOT OPEN TO NEGOTIATION. upcoming round of negotiations. what it is doing. We also need to speed In all negotiations, the United States Mr. President, I would like to sum- Trade Representative should ensure that the up the WTO system for resolving trade negotiations do not weaken existing agree- marize briefly the main points of this disputes. ments or create opportunities for the imposi- resolution. It deals not only with agri- ISSUES NOT FOR NEGOTIATING tion of new barriers in the following areas: culture and services, but also with There are several issues which the (1) Dumping and antidumping. manufactured products, institutional Administration should not include in (2) Competition policy. concerns, and a variety of other trade- the overall negotiation. In some cases, (3) Investment. related issues. (4) Textiles and apparel. including them would most likely AGRICULTURE SEC. 8. TRANSMITTAL OF RESOLUTION. weaken the results we obtained in the The Secretary of the Senate shall transmit America’s farmers compete very ef- Uruguay Round. In other case, I do not a copy of this concurrent resolution to the fectively when world markets are not believe that a global negotiation would President. distorted by government intervention. benefit the United States. Issues such Mr. BAUCUS. Mr. President, I send a Eliminating these distortions is not as textiles and apparel, antidumping concurrent resolution establishing U.S. only good for the farm community, it rules, competition policy, and invest- goals for the next round of global nego- will benefit U.S. consumers and our ment should not be part of the next tiations in the World Trade Organiza- trading partners. It will stimulate de- round of negotiations. tion to the desk. mand for agricultural output, demand OTHER TRADE ISSUES: ENVIRONMENT AND In 1994, seven hard years of talks cul- which American farmers are prepared LABOR minated the Uruguay Round Agree- to satisfy. My resolution instructs the Finally, Mr. President, my resolution ment creating the WTO. The United Administration to seek elimination of lists a number of specific trade issues States can point with pride to the re- export subsidies and trade-distorting which the Administration should ad- sults of American leadership on trade. domestic subsidies, to seek substantial dress in the next round of trade nego- Among the agreement’s notable results tariff reductions, and for the first time tiations. These include questions such were beginning new countries into the to impose discipline on State Trading as government procurement and elec- rule-based trade regime; establishing Enterprises. tronic commerce. Let me mention two an institution for ongoing trade talks SERVICES particular matters which are especially and dispute resolution; and addressing Services comprise almost three quar- important: the environment and labor. some key issues for the first time. ters of American output. We are a net My resolution instructs the Adminis- The 1994 WTO agreement left unfin- exporter of services, so increased trade tration to make specific progress in ished business in two of these key in services will have a positive effect both of these areas. On the environ- issues: agriculture and services. WTO on our current account balance. My ment, it requires an environmental as- members committed to return to the resolution instructs the Administra- sessment of any new global trade table in January 2000 to address bar- tion to reach a global agreement that agreement, and a WTO consensus on riers in these sectors, the so-called trade in services is free and open unless determining when multilateral envi- ‘‘built-in agenda.’’ It will be a major otherwise specified. The current sys- ronmental agreements are consistent challenge. Trade-distorting domestic tem is that trade in services is closed with international trade rules. It also agricultural programs are politically unless otherwise specified. Starting requires tariff reductions on environ- sensitive, especially in the European from this principal of openness, the Ad- mental products in order to increase Union, the world’s biggest offender in ministration should seek board partici- the flow of environmental technology. this area. In services, efforts to open up pation in an agreement on services As to labor, my resolution requires trade run into difficult questions of do- trade., the Administration to correct a defi- mestic regulation and investment. Over the past several months, Mr. INDUSTRIAL GOODS ciency which has existed in trade law President, WTO members have sub- To establish a negotiating dynamic since the United States signed the mitted proposals for dealing with agri- broad enough to allow for trade-offs, it GATT in 1947: it does not allow coun- culture, services, and many other is vital that the WTO talks include tries to treat products made with issues in a new global round of negotia- manufactured products. In this regard, forced labor or child labor differently. tions, to be launched in Seattle this there has been some confusion as to We should all have the right to pro- November when the United States the U.S. strategy. The work begun in hibit such goods from entering our hosts the third WTO Ministerial Meet- APEC to cut tarffs in nine sectors has countries. It also calls for joint re- ing. I have read some of these pro- moved into the WTO. The agriculture search between the WTO and the Inter- posals, including the proposals sub- community feared that an early agree- national Labor Organization, and for a mitted by the Administration, and I ment to cut tariffs on manufactured regular examination of how WTO mem- have compared them two what I hear products would rob the overall negotia- bers are living up to their 1996 commit- from various groups around the coun- tion of the required breadth of issues. ment on core labor standards. Rhetoric try. My resolution makes clear that this is not a substitute for action. I have concluded that the U.S. pro- negotiation should be viewed as a sin- GOAL: IMPROVE QUALITY OF LIFE posals are timid and lack specificity. I gle undertaking to be completed in Let me close, Mr. President, with a am very concerned about this. We can’t three years. This does not mean that word about why this is important to all build a strong global economy without we can have no results on tariffs at the of us. Since the end of World War Two, a strong set of trade rules. We can’t ad- Senate WTO Ministerial. But com- we have come a long way in shaping dress emerging issues such as bio- pleting accelerated tariff elimination the world economy. When the GATT technology and electronic commerce, should be contingent on successfully was signed in 1947, the world was en- areas where the United States has a concluding the entire package, includ- gaged in a bitter debate over funda- commanding lead, unless we supply a ing agriculture and services. mental values. The central question concrete vision of the future. We won’t INSTITUTIONAL ISSUES was whether national economies should reach our goals unless we can state our We now have almost five years of ex- be organized by market forces and open goals clearly. We need a clear set of perience with the operation of the Uru- societies or by central government goals for this round of trade talks. The guay Round agreement and the WTO. planners. Which is better: democracy American people expect us to show That experience has uncovered some or communism? The world now knows leadership in this area. Our trading areas for improvement. Chief among the answer to this question with abso- partners expect America to show lead- these is the need for greater trans- lutely no ambiguity. Today, anyone ership, too. parency in WTO operations. In the who thinks that central planning wins We in the Congress have a constitu- state of Montana, we have a strong tra- over market forces need only compare tional responsibility in this regard. dition of open government which serves Seoul to Pyongyang.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10621 In the past decade, the former Soviet October 15, 1999, as ‘‘National Mam- of that date, and promise yourself to bloc national have struggled to turn mography Day’’. I have submitted a get a mammogram on that date every from central planning to market forces similar resolution each year since 1993, year. Do it for yourself and for the oth- and citizen participation. Developing and on each occasion the Senate has ers that love you and want you to be countries abandoned bankrupt nations shown its support for the fight against part of their lives for as long as pos- like ‘‘import substitution’’ in favor of breast cancer by approving it. sible. market-based solutions. OECD coun- Each year, as I prepare to submit Mr. President, I urge my colleagues tries deregulated and dismantled trade this resolution, I look at the latest in- to join me in the ongoing fight against barriers. New technology, especially in- formation from the American Cancer breast cancer by cosponsoring this res- formation technology, provided the Society about breast cancer. This year, olution to designate October 15, 1999, as means to take advantage of newly the news is depressingly familiar: in National Mammography Day. opened markets. Goods and capital 1999, an estimated 175,000 women will f move with amazing speed. be diagnosed with breast cancer and an Open markets make the global econ- estimated 43,300 women will die of this AMENDMENTS SUBMITTED omy more efficient. But there’s a dis- disease. tinction between efficiency and equity. In the midst of these gloomy num- Open markets do not make prosperity bers, however, one statistic stands out DEPARTMENT OF THE INTERIOR more fair. Many citizens believe it is like a beacon of hope: the 5-year sur- AND RELATED AGENCIES APPRO- not fair enough. They see widening in- vival rate for women with localized PRIATIONS ACT, 2000 come gaps, job insecurity, environ- breast cancer is a whopping 97%. More- mental damage, a less certain future. over, we already know one sure-fire The next round of global trade talks method for detecting breast cancer LOTT AMENDMENT NO. 1621 can’t make opening markets an end in when it is at this early, highly curable Mr. BOND (for Mr. LOTT) proposed an itself. We no longer have to convince stage: periodic mammograms for all amendment to the bill (H.R. 2466) mak- the world that our economic system is women over age 40. Periodic mammog- ing appropriations for the Department more efficient. The task now is to show raphy can detect a breast cancer al- of the Interior and related agencies for that our system also improves the most 2 years earlier than it would have the fiscal year ending September 30, quality of their lives. We need to show been detected by breast self-examina- 2000, and for other purposes; as follows: that our system delivers benefits to tion. The importance of periodic mam- On page 62, line 10, add the following before them. It has to make them better off. mography for women’s health is recog- the period ‘‘: Provided, That within the funds If we fail to do that, we will face a nized by health plans and health insur- available, $250,000 shall be used to assess the world polarized by poverty as it was ers, and virtually all of them cover its potential hydrologic and biological impact of once polarized by cold war ideology. cost. Low-income women who do not lead and zinc mining in the Mark Twain Na- f have health insurance can get free tional Forest of Southern Missouri: Provided further, That none of the funds in this Act SENATE RESOLUTION 179—DESIG- mammograms through a breast cancer screening program sponsored by the may be used by the Secretary of the Interior NATING OCTOBER 15, 1999, AS to issue a prospecting permit for hardrock ‘‘NATIONAL MAMMOGRAPHY Centers for Disease Control and Pre- mineral exploration on Mark Twain National DAY’’ vention. Forest land in the Current River/Jack’s Fork Given all this, that modern mam- River—Eleven Point Watershed (not includ- Mr. BIDEN submitted the following mography is highly effective in discov- ing Mark Twain National Forest land in resolution; which was referred to the ering breast cancer at a very early Townships 31N and 32N, Range 2 and Range 3 Committee on the Judiciary: stage, rarely causes any discomfort, West, on which mining activities are taking S. RES. 179 and generally cost nothing, why aren’t place as of the date of enactment of this Whereas according to the American Cancer all women over 40 getting this valuable Act); Provided further, That none of the funds Society, in 1999, 175,000 women will be diag- test every year? One answer is that we in this Act may be used by the Secretary of nosed with breast cancer and 43,300 women the Interior to segregate or withdraw land in are human, and we all forget things, es- the Mark Twain National Forest, Missouri will die from this disease; pecially as we get older. Even if we re- Whereas in the decade of the 1990’s, it is es- under section 204 of the Federal Land Policy timated that about 2,000,000 women will be member that we need a mammogram, and Management Act of 1976 (43 U.S.C. 1714)’’ we often have so many things going on diagnosed with breast cancer, resulting in f nearly 500,000 deaths; in our lives that we just keep putting Whereas the risk of breast cancer increases the mammogram off for that ‘‘less VETERANS COMPENSATION COST- with age, with a woman at age 70 years hav- busy’’ day that never comes. Con- OF-LIVING ADJUSTMENT ACT OF ing twice as much of a chance of developing sequently, we need a ‘‘National Mam- 1999 the disease as a woman at age 50 years; mography Day’’ to remind us that we Whereas at least 80 percent of the women need to make sure all the women in our who get breast cancer have no family history of the disease; lives don’t overlook this crucial pre- ROCKEFELLER (AND SPECTER) Whereas mammograms, when operated ventive service. AMENDMENT NO. 1622 professionally at a certified facility, can pro- How should we use ‘‘National Mam- Mr. BROWNBACK (for Mr. ROCKE- vide a safe and quick diagnosis; mography Day’’ to achieve our goal of FELLER (for himself and Mr. SPECTER)) Whereas experts agree that mammography fighting breast cancer through early proposed an amendment to the bill (S. is the best method of early detection of diagnosis? This year, National Mam- breast cancer, and early detection is the key 1076) to amend title 38, United States mography Day falls on Friday, October Code, to provide a cost-of-living adjust- to saving lives; 15, right in the middle of National Whereas mammograms can reveal the pres- ment in rates of compensation paid to ence of small cancers up to 2 years or more Breast Cancer Awareness month. On veterans with service-connected dis- before a regular clinical breast examination that day, let’s make sure that each abilities, to enhance programs pro- or breast self-examination, reducing mor- women we know picks a specific date viding health care, education, and tality by more than 30 percent; and on which to get a mammogram each other benefits for veterans, to author- Whereas the 5-year survival rate for local- year. I well understand how easy it is ize major medical facility projects, to ized breast cancer is currently 97 percent: to forget do something that comes Now, therefore, be it reform eligibility for burial in Arling- around only once per year, but for each ton National Cemetery, and for other Resolved, That the Senate— of us there are certainly some dates (1) designates October 15, 1999, as ‘‘Na- purposes; as follows: that we don’t forget: a child’s birthday, tional Mammography Day’’; and On page 66, strike lines 9 through 19 and in- (2) requests that the President issue a an anniversary, perhaps even the day sert the following: our taxes are due. On National Mam- proclamation calling upon the people of the SEC. 101. CONTINUUM OF CARE FOR VETERANS. United States to observe such day with ap- mography Day, let’s ask our loved (a) INCLUSION OF NONINSTITUTIONAL EX- propriate programs and activities. ones: pick one of these dates, fix it in TENDED CARE SERVICES IN DEFINITION OF Mr. BIDEN. Mr. President, today I your mind along with a picture of your MEDICAL SERVICES.—Section 1701 is amend- am submitting a resolution designating child, your wedding, or another symbol ed—

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10622 CONGRESSIONAL RECORD — SENATE September 8, 1999 (1) in paragraph (6)(A)(i), by inserting clude a comprehensive array of health care partment to meet the long-term care needs ‘‘noninstitutional extended care services,’’ services and other services that meet the of eligible veterans. after ‘‘preventive health services,’’; and long-term care needs of veterans, including— (2) The report under paragraph (1) shall— (2) by adding at the end the following new (A) inpatient long-term care in inter- (A) describe the comprehensive array of paragraphs: mediate care beds, in nursing homes, and in health services and other services furnished ‘‘(10) The term ‘noninstitutional extended domiciliary care facilities; and by the Department under law to meet the care services’ includes— (B) non-institutional long-term care, in- long-term care needs of eligible veterans, in- ‘‘(A) home-based primary care; cluding hospital-based primary care, adult cluding— ‘‘(B) adult day health care; day health care, respite care, and other com- (i) inpatient long-term care in inter- ‘‘(C) respite care; munity-based interventions and care. mediate care beds, in nursing homes, and in ‘‘(D) palliative and end-of-life care; and (2) As part of the provision of services domiciliary care facilities; and ‘‘(E) home health aide visits. under the pilot programs, the Secretary (ii) non-institutional long-term care, in- ‘‘(11) The term ‘respite care’ means hos- shall also provide appropriate case manage- cluding hospital-based primary care, adult pital care, nursing home care, or residence- ment services. day health care, respite care, and other com- based care which— (3) In providing services under the pilot munity-based interventions and care; ‘‘(A) is of limited duration; programs, the Secretary shall emphasize the (B) describe the case management services ‘‘(B) is furnished in a Department facility provision of preventive care services, includ- furnished as part of the services described in or in the residence of an individual on an ing screening and education. subparagraph (A) and assess the role of such intermittent basis to an individual who is (4) The Secretary may provide health care case management services in ensuring that suffering from a chronic illness and who re- services or other services under the pilot eligible veterans receive services to meet sides primarily at that residence; and programs only if the Secretary is otherwise their long-term care needs; and ‘‘(C) is furnished for the purpose of helping authorized to provide such services by law. (C) in describing services under subpara- the individual to continue residing primarily (d) DIRECT PROVISION OF SERVICES.—Under graphs (A) and (B), emphasize the role of pre- at that residence.’’. one of the pilot programs under this section, ventive services in the furnishing of such (b) CONFORMING AMENDMENTS TO TITLE 38.— the Secretary shall provide long-term care services. (1)(A) Section 1720 is amended by striking services to eligible veterans directly through (i) DURATION OF PROGRAMS.—(1) The Sec- subsection (f). facilities and personnel of the Department of retary shall commence carrying out the pilot (B) The section heading of such section is Veterans Affairs. programs required by this section not later amended by striking ‘‘; adult day health (e) PROVISION OF SERVICES THROUGH COOP- than 90 days after the date of the enactment care’’. ERATIVE ARRANGEMENTS.—(1) Under one of of this Act. (2) Section 1720B is repealed. the pilot programs under this section, the (2) The authority of the Secretary to pro- (3) Chapter 17 is further amended by redes- Secretary shall provide long-term care serv- vide services under the pilot programs shall ignating sections 1720C, 1720D, and 1720E as ices to eligible veterans through a combina- cease on the date that is three years after sections 1720B, 1720C, and 1720D, respectively. tion (as determined by the Secretary) of— the date of the commencement of the pilot (c) CLERICAL AMENDMENTS.—The table of (A) services provided under cooperative ar- programs under paragraph (1). sections for chapter 17 is amended— rangements with appropriate public and pri- (j) DEFINITIONS.—In this section: (1) in the item relating to section 1720, by vate non-Governmental entities, including (1) ELIGIBLE VETERAN.—The term ‘‘eligible striking ‘‘; adult day health care’’; and community service organizations; and veteran’’ means the following: (2) by striking the items relating to sec- (B) services provided through facilities and (A) Any veteran eligible to receive hospital tions 1720B, 1720C, 1720D, and 1720E and in- personnel of the Department. care and medical services under section serting the following: (2) The consideration provided by the Sec- 1710(a)(1) of title 38, United States Code. retary for services provided by entities under (B) Any veteran (other than a veteran de- ‘‘1720B. Noninstitutional alternatives to cooperative arrangements under paragraph scribed in subparagraph (A)) if the veteran is nursing home care. (1)(A) shall be limited to the provision by the enrolled in the system of annual patient en- ‘‘1720C. Counseling and treatment for sexual Secretary of appropriate in-kind services to rollment under section 1705 of title 38, trauma. such entities. United States Code. ‘‘1720D. Nasopharyngeal radium irradia- (f) PROVISION OF SERVICES BY NON-DEPART- (2) LONG-TERM CARE NEEDS.—The term tion.’’. MENT ENTITIES.—(1) Under one of the pilot ‘‘long-term care needs’’ means the need by (d) ADDITIONAL CONFORMING AMENDMENT.— programs under this section, the Secretary an individual for any of the following serv- Section 101(g)(2) of the Veterans Health Pro- shall provide long-term care services to eli- ices: grams Extension Act of 1994 (Public Law 103– gible veterans through arrangements with (A) Hospital care. 452; 108 Stat. 4785; 38 U.S.C. 1720D note) is appropriate non-Department entities under (B) Medical services. amended by striking ‘‘section 1720D’’ both which arrangements the Secretary acts sole- (C) Nursing home care. places it appears and inserting ‘‘section ly as the case manager for the provision of (D) Case management and other social 1720C’’. such services. services. SEC. 102. PILOT PROGRAMS RELATING TO LONG- (2) Payment for services provided to vet- (E) Home and community based services. TERM CARE OF VETERANS. erans under the pilot programs under this SEC. 103. PILOT PROGRAM RELATING TO AS- (a) IN GENERAL.—The Secretary of Vet- subsection shall be made by the Department SISTED LIVING SERVICES. erans Affairs shall carry out three pilot pro- to the extent that payment for such services (a) IN GENERAL.—The Secretary of Vet- grams for the purpose of determining the is not otherwise provided by another govern- erans Affairs shall carry out a pilot program feasibility and practicability of a variety of ment or non-government entity. for the purpose of determining the feasibility methods of meeting the long-term care needs (g) DATA COLLECTION.—As part of the pilot and practicability of providing assisted liv- of eligible veterans. The pilot programs shall programs under this section, the Secretary ing services to eligible veterans. The pilot be carried out in accordance with the provi- shall collect data regarding— program shall be carried out in accordance sions of this section. (1) the cost-effectiveness of such programs with this section. (b) LOCATIONS OF PILOT PROGRAMS.—(1) and of other activities of the Department for (b) LOCATION.—The pilot program under Each pilot program under this section shall purposes of meeting the long-term care needs this section shall be carried out at a des- be carried out in two designated health care of eligible veterans, including any cost ad- ignated health care region of the Depart- regions of the Department of Veterans Af- vantages under such programs and activities ment of Veterans Affairs selected by the Sec- fairs selected by the Secretary for purposes when compared with the Medicare program, retary for purposes of this section. of this section. Medicaid program, or other Federal program (c) SCOPE OF SERVICES.—(1) Subject to (2) In selecting designated health care re- serving similar populations; paragraph (2), the Secretary shall provide as- gions of the Department for purposes of a (2) the quality of the services provided sisted living services under the pilot pro- particular pilot program, the Secretary under such programs and activities; gram to eligible veterans. shall, to the maximum extent practicable, (3) the satisfaction of participating vet- (2) Assisted living services may not be pro- select designated health care regions con- erans, non-Department, and non-Government vided under the pilot program to a veteran taining a medical center or medical centers entities with such programs and activities; eligible for care under section 1710(a)(3) of whose current circumstances and activities and title 38, United States Code, unless such vet- most closely mirror the circumstances and (4) the effect of such programs and activi- eran agrees to pay the United States an activities proposed to be achieved under such ties on the ability of veterans to carry out amount equal to the amount determined in pilot program. basic activities of daily living over the accordance with the provisions of section (3) The Secretary may not carry out more course of such veterans’ participation in 1710(f) of such title. than one pilot program in any given des- such programs and activities. (3) Assisted living services may also be pro- ignated health care region of the Depart- (h) REPORT.—(1) Not later than six months vided under the pilot program to the spouse ment. after the completion of the pilot programs of an eligible veteran if— (c) SCOPE OF SERVICES UNDER PILOT PRO- under subsection (i), the Secretary shall sub- (A) such services are provided coinciden- GRAMS.—(1) The services provided under the mit to Congress a report on the health serv- tally with the provision of identical services pilot programs under this section shall in- ices and other services furnished by the De- to the veteran under the pilot program; and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10623 (B) such spouse agrees to pay the United Business will hold a hearing entitled please contact Lee Blalack of the Sub- States an amount equal to the cost, as deter- ‘‘Slotting: Fair to Small Business & committee staff at 224–3721. mined by the Secretary, of the provision of Consumers?’’ The hearing will be held COMMITTEE ON ENERGY AND NATURAL such services. on Tuesday, September 14, 1999, begin- RESOURCES (d) REPORTS.—(1) The Secretary shall an- nually submit to Committees on Veterans’ ning at 9:30 a.m. in room 608 Dirksen Mr. CRAIG. Mr. President, I would Affairs of the Senate and the House of Rep- Senate Office Building. like to announce for the public that a resentatives a report on the pilot program For further information, please con- hearing has been scheduled before the under this section. The report shall include a tact either Paul Cooksey or Paul Subcommittee on Forests and Public detailed description of the activities under Conlon at 224–5175. Land Management of the Senate Com- the pilot program during the one-year period SUBCOMMITTEE ON ENERGY RESEARCH, mittee on Energy and Natural Re- ending on the date of the report and such DEVELOPMENT, PRODUCTION AND REGULATION sources. other matters as the Secretary considers ap- Mr. NICKLES. Mr. President, I would propriate. The hearing will take place Thurs- (2)(A) In addition to the reports required like to announce that a subcommittee day, September 16, 1999 at 2:30 p.m. in by paragraph (1), not later than 90 days be- hearing has been scheduled before the room SD–366 of the Dirksen Senate Of- fore concluding the pilot program under this Subcommittee on Energy Research, fice Building in Washington, D.C. section, the Secretary shall submit to the Development, Production and Regula- The purpose of this hearing is to re- committees referred to in that paragraph a tion. ceive testimony on the Administra- final report on the pilot program. The hearing will take place Tuesday, tion’s Northwest Forest Plan. (B) The report on the pilot program under September 14, 1999, at approximately Those who wish to submit written this paragraph shall include the following: 10:30 a.m. (or immediately following (i) An assessment of the feasibility and statements should write to the Com- practicability of providing assisted living the 9:30 Full Committee hearing) in mittee on Energy and Natural Re- services for veterans and their spouses. room SD–366 of the Dirksen Senate Of- sources, U.S. Senate, Washington, D.C. (ii) A financial assessment of the pilot pro- fice Building in Washington, D.C. 20510. For further information, please gram, including a management analysis, The purpose of this hearing is to re- call Mark Rey at (202) 224–6170. cost-benefit analysis, Department cash-flow ceive testimony on S. 1051, a bill to COMMITTEE ON ENERGY AND NATURAL analysis, and strategic outlook assessment. amend the Energy Policy and Con- RESOURCES (iii) Recommendations, if any, regarding servation Act to manage the Strategic an extension of the pilot program, including Mr. CRAIG. Mr. President, I would Petroleum Reserve more effectively, like to announce for the public that a recommendations regarding the desirability and for other purposes. of authorizing or requiring the Secretary to hearing has been scheduled before the Those who wish to testify or to sub- seek reimbursement for the costs of the Sec- Subcommittee on Forests and Public mit written testimony should write to retary in providing assisted living services in Land Management of the Senate Com- the Committee on Energy and Natural order to reduce demand for higher-cost nurs- mittee on Energy and Natural Re- Resources, U.S. Senate, Washington, ing home care under the pilot program. sources. (iv) Any other information or rec- D.C. 20510. Presentation of oral testi- The hearing will take place Thurs- ommendations that the Secretary considers mony is by Committee invitation only. day, September 30, 1999 at 2:30 p.m. in appropriate regarding the pilot program. For further information, please contact room SD–366 of the Dirsken Senate Of- (e) DURATION.—(1) The Secretary shall Jo Meuse or Brian Malnak at (202) 224– commence carrying out the pilot program re- fice Building in Washington, D.C. 6730. quired by this section not later than 90 days The purpose of this hearing is to re- after the date of the enactment of this Act. COMMITTEE ON ENERGY AND NATURAL ceive testimony on S. 1457, Forest Re- RESOURCES (2) The authority of the Secretary to pro- sources for the Environment and the vide services under the pilot program shall Mr. MURKOWSKI. Mr. President, I Economy Act. cease on the date that is three years after would like to announce for the infor- Those who wish to submit written the date of the commencement of the pilot mation of the Senate and the public statements should write to the Com- program under paragraph (1). that a full committee hearing has been (f) DEFINITIONS.—In this section: mittee on Energy and Natural Re- scheduled before the Committee on En- (1) ELIGIBLE VETERAN.—The term ‘‘eligible sources, U.S. Senate, Washington, D.C. veteran’’ means the following: ergy and Natural Resources. The hearing will take place on 20510. For further information, please (A) Any veteran eligible to receive hospital call Mark Rey at (202) 224–6170. care and medical services under section Wednesday, September 15, 1999, at 10:00 1710(a)(1) of title 38, United States Code. a.m. in room SD–366 of the Dirksen f (B) Any veteran (other than a veteran de- Senate Office Building in Washington, scribed in subparagraph (A)) if the veteran is AUTHORITY FOR COMMITTEE TO DC. MEET enrolled in the system of annual patient en- The purpose of this hearing is to con- rollment under section 1705 of title 38, sider the nominations of Sylvia Baca COMMITTEE ON FOREIGN RELATIONS United States Code. to be Assistant Secretary of the Inte- Mr. THOMAS. Mr. President, I ask (2) ASSISTED LIVING SERVICES.—The term ‘‘assisted living services’’ means services rior for Land and Minerals Manage- unanimous consent that the Senate which provide personal care, activities, ment, David Hayes to be Deputy Sec- Foreign Relations Committee be au- health-related care, supervision, and other retary of the Interior, and Ivan Itkin thorized to meet during the session of assistance on a 24-hour basis within a resi- to be Director of the Department of the Senate on September 8, 1999 at 2:00 dential or similar setting which— Energy’s Office of Civilian Radioactive p.m. to hold a closed full committee (A) maximizes flexibility in the provision Waste Management. briefing. of such care, activities, supervision, and as- For further information, please con- The PRESIDING OFFICER. Without sistance; tact David Dye of the Committee staff objection, it is so ordered. (B) maximizes the autonomy, privacy, and independence of an individual; and at (202) 224–0624. f (C) encourages family and community in- SUBCOMMITTEE ON INVESTIGATIONS volvement with the individual. Ms. COLLINS. Mr. President, I would ADDITIONAL STATEMENTS On page 85, between lines 4 and 5, insert like to announce for the information of the following: the Senate and the public that the Per- (4) Renovations and environmental im- manent Subcommittee on Investiga- JOHN W. SMART, NATIONAL provements at the Department of Veterans tions of the Committee on Govern- COMMANDER IN CHIEF OF VFW Affairs Medical Center, Atlanta, Georgia, in ∑ an amount not to exceed $12,400,000. mental Affairs, will hold a hearing en- Mr. GREGG. Mr. President, I ask my On page 85, line 9, strike ‘‘$213,100,000’’ and titled ‘‘Day Trading: An Overview.’’ fellow senators to join me in offering insert ‘‘$225,500,000’’. This Subcommittee hearing will focus congratulations to John W. Smart of f on the practices and operations of the Nashua, New Hampshire, who is to be securities day trading industry. installed this month as National Com- NOTICES OF HEARINGS The hearing will take place on Thurs- mander-in-Chief of the Veterans of COMMITTEE ON SMALL BUSINESS day, September 16, 1999, at 9:30 a.m., in Foreign Wars of the United States in Mr. BOND. Mr. President, I wish to Room 628 of the Dirksen Senate Office this the 100th Anniversary of the orga- announce that the Committee on Small Building. For further information, nization’s founding.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10624 CONGRESSIONAL RECORD — SENATE September 8, 1999 John Smart’s election to this posi- 1999 Grand Marshal of the Essex-West eral Howe’s army occupied Philadel- tion is only the latest in a long and dis- Hudson Labor Council AFL–CIO Labor phia, our early government, the Conti- tinguished career in service to our Day March and Observance. The Labor nental Congress, was first moved to country and to his fellow veterans. Mr. Council is proud to honor Bill for his Lancaster, Pennsylvania. After one Smart served in the United States lifetime dedication to working families day, the Continental Congress sought Army from October 1970 to April 1973, in the New Jersey Labor Movement, to place further distance between it in Vietnam, where he was assigned to and especially Ironworkers Local 11. It and the British, so it crossed the Sus- the 176th Assault Helicopter Company is a pleasure for me to be able to honor quehanna river at Wrights’ Ferry and (American Division) at Chu Lai. His his accomplishments. resumed session in the Colonial Court- meritorious service was recognized Bill Mullen served in the United house in Center Square, York. with the Republic of Vietnam Cam- States Army during 1967 and 1968, and Mr. President, it was during the time paign Medal, a Vietnam Service Medal was stationed in Korea. He was later that the York hosted our nation’s gov- with four stars and a Presidential Unit discharged with the rank of Sergeant. ernment that the Marquis de Lafayette Citation. Returning to New Jersey, Bill com- made the famous ‘‘toast that saved the While serving in Vietnam, he joined pleted his apprenticeship, and worked nation.’’ With this toast, Lafayette VFW Post #2181 in Exeter, New Hamp- as an Ironworker, Shop Steward, Jour- proclaimed his continued support for, shire. Following his return from mili- neyman, Foreman, and Superintendent and espoused the attributes of, General tary service in 1973, he moved quickly for various construction companies Washington at a time when certain fac- through the VFW Department of New throughout the state. tions were calling for the General to be Hampshire chairs and earned recogni- For over thirty years Bill has been replaced. This toast has been credited tion as an All-American Department an active member in the labor move- as saving George Washington’s position Commander during the 1981–82 year. In ment. In 1981, Bill was elected by his as our first Commander in Chief. It was 1983 he served as Chairman of the Na- fellow colleagues to be the Vice Presi- also during the time that the Conti- tional Youth Activities Committee and dent of Ironworkers Local 11, and later nental Congress convened in York that from 1991–1993 as Chairman of the Na- became President in 1989. He has also it adopted the Articles of Confed- tional Buddy Poppy Committee. In 1995 served as Trustee of the Ironworkers of eration. This important document was he was appointed to the position of Na- Northern New Jersey District Council the precursor to the Constitution and tional Chief of Staff. Pension Fund and an active member of marked the first use of the term Mr. Smart served his community of the New Jersey Alliance for Action. ‘‘United States of America.’’ Nashua as a firefighter, retiring after Currently, he serves as President of the Mr. President, the people of York 21 years. He has served as VFW New Essex County Building and Construc- County are proud of their history and Hampshire Department Adjutant/Quar- tion Trades Council, an organization their traditions. I am proud to join termaster since 1985. He is a Life Mem- with 17 affiliates that represents over York in this celebration and ask my ber of VFW Post #483 in Nashua and in 12,000 craftmembers throughout Essex colleagues to join me in congratulating addition to his service to the VFW he County, New Jersey. Bill is a com- York on its 250th anniversary.∑ holds membership in the Military mitted worker, colleague, and leader f Order of the Cooties, American Legion, who exemplifies the best of New Jersey RETIREMENT OF LIEUTENANT Elks, Retired Firefighters Association Labor Leaders. and the US Army Association. He has It gives me great pleasure to recog- GENERAL PATRICK M. HUGHES served as Chairman of the Board of nize a leader of great stature in New ∑ Mr. BAUCUS. Mr. President, I rise Managers of the New Hampshire Vet- Jersey’s labor community. Through today to bring to the attention of Sen- erans Home since 1987 and has served these years, fighting for the cause of ators the retirement of Lieutenant as a New Hampshire State Representa- working men and women, Bill has been General Patrick M. Hughes of the tive. known to stand on principle, loyalty, United States Army. A native of Great John Smart is the first member of and hard work. It is with pride that I Falls Montana, I am proud that one of the Department of New Hampshire Vet- honor Bill on his selection as Grand our native sons has made such a vital erans of Foreign Wars to be elected to Marshal.∑ contribution to the defense of this the office of National Commander-in- f great country, through a military ca- Chief. I can think of no New Hampshire reer spanning nearly 40 years. citizen more dedicated to his country TRIBUTE TO YORK COUNTY, The recipient of many military and to the cause of assisting his fellow PENNSYLVANIA awards and honors, including the De- veterans. His wife, Mary, his two chil- ∑ Mr. SANTORUM. Mr. President, this fense Distinguished Service Medal, the dren, John R. and Cheryl, and his five year marks the 250th anniversary of Silver Star, the Purple Heart and the grandchildren have reason for great York County, Pennsylvania. Today, I Bronze Star, General Hughes has been pride in this husband, father and rise to recognize the establishment and a valuable friend to me and the people grandfather who has so ably contrib- storied history of this county which he has served in his distinguished ca- uted his time and efforts toward the contributed greatly to the founding of reer. service of others. I have been honored our Nation. Although we have come to expect to work with John Smart over my Established in 1749, York had for- people of high caliber and dedication in years here in the Senate, while serving merly been a part of neighboring Lan- our armed forces, General Hughes’s as Governor in New Hampshire and ear- caster County. The citizens of York service has been exceptional. Most re- lier in the House of Representatives. I had petitioned for their own county so cently assigned as the Director for In- commend him to the Senate and know that they could establish a courthouse telligence, J2, the Joint Staff, General you will join me in extending to him in closer proximity to their jail. With Hughes began his military career in and his family our congratulations, our the granting of the petition, York be- 1962. Following completion of his en- thanks for his past accomplishments came the first county in Pennsylvania listment in 1965, he attended Montana and continuing service and our best west of the Susquehanna River and the State University, where he graduated wishes during his year of service as the fifth county in Pennsylvania overall. in 1968. He was then commissioned in Veterans of Foreign Wars of the United Since that time, the county has devel- the U.S. Army infantry, and served two States Commander-in-Chief.∑ oped rich and dynamic civic, social, po- tours in Vietnam. He commanded sev- f litical and economic institutions, in- eral military intelligence (MI) detach- cluding both durable agricultural and ments, an MI battalion, an MI brigade TRIBUTE TO BILL MULLEN, 1999 industrial bases, and serves as a model and the Army Intelligence Agency. He GRAND MARSHAL OF THE LABOR for communities across the Common- also served in senior staff positions, in- DAY MARCH wealth and the Nation. cluding a tour as the J2 of the U.S. ∑Mr. TORRICELLI. Mr. President, I Mr. President, from September 1777 Central Command. rise today in recognition of Mr. Bill through June 1778, York served as the Throughout his distinguished career, Mullen, who has been chosen as the capital of our Nation. As British Gen- General Hughes’s tireless and sincere

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10625 dedication to the men and women in and represents the millions of Ameri- Pennsylvania and throughout the uniform has vastly improved their cans who served our country with pride country.∑ quality of life and mission readiness. and distinction. One of the best ways f As he retires from the United States we can honor Bob’s memory is to work DEATH OF CLIF LEAR Army, he will leave behind a tremen- diligently to ensure that the promises dous legacy. made by our government to all vet- ∑ Mr. BINGAMAN. Mr. President, sev- Mr. President, General Hughes is a erans are kept. eral weeks ago Cibola County in New great credit to the Army and the Na- I would like to close by saying— Mexico lost one of its leading citizens tion. I salute him for his many years of thank you, Bob. Your outstanding atti- when Clif Lear of Grants died of can- selfless service to our country, and tude and unselfish lifestyle are an in- cer. offer my gratitude to him, his wife spiration to the people of our State. A businessman, he took public serv- Karlene and their sons, Barry and You attained the goal all men strive ice very seriously and served over the Chad, on the occasion of his retirement for, in that, you left the world a better years as a city councilman and as the from the United States Army. I know I place for all of us.∑ city manager. His contributions to eco- speak for the people of my state when f nomic development in an area hit hard I say that I am proud of General when the mines closed made a huge dif- Hughes; I know that I speak for all COLCHESTER LIONS CLUB ference to the people of Cibola County, Americans when I say that he will be ∑ Mr. LIEBERMAN. Mr. President, I as he worked tirelessly to attract new missed.∑ rise today to honor the Colchester initiatives and new projects. f Lions Club of Colchester, CT. On Octo- His wife and three daughters have ber 30, they will be celebrating their the sympathy and appreciation of us A TRIBUTE TO BOB FERRELL 50th anniversary of service to the all who are grateful for Clif’s life and ∑ Mr. ROCKEFELLER. Mr. President, I Colchester community. the effort he made to make his corner would like to take this opportunity to The Colchester Lions Club was estab- of New Mexico better.∑ recognize a great patriot from my won- lished on August 2, 1949, and through f derful State of West Virginia, Mr. Rob- the support of area residents, they SENATE WILDERNESS AND PUBLIC ert ‘‘Bob’’ Ferrell. Bob retired from the have reached out to assist many mem- LANDS CAUCUS U.S. Air Force with more than 21 years bers of the community. The Lions Club of active duty service. He bravely has lent its support to such worthwhile ∑ Mr. MCCAIN. Mr. President, I proud- served his country during the Vietnam local causes as the D.A.R.E. Program ly join my colleagues as a founding conflict on the C–130 Spectre Gunship for schools, academic scholarships for member of this newly created Senate as a gunner and instructor gunner. local students, and area food banks, Wilderness and Public Lands Caucus. I Over the course of many years of serv- and senior centers. They also have congratulate my friend, Senator FEIN- ice, the Air Force honored Bob with reached far beyond the Town of GOLD, for his bold spirit and commit- numerous prestigious awards, includ- Colchester by raising funds for organi- ment to the active protection of our ing the coveted Distinguished Flying zations such as the Fidelco Guide Dog public lands. I accepted Senator FEIN- Cross. Foundation and Lions Clubs Inter- GOLD’s invitation to participate in this After completing his tour in Viet- national. new Caucus because we share a respon- nam, Bob returned to his lifelong home As the Colchester Lions Club has sibility to protect the natural re- of Logan County, and began the hard grown over the years, their numerous sources that sustain our world and work of a coal miner to support his good works have touched many lives grace the quality of our lives. family. Bob was an exemplary citizen and demonstrated the true value of vol- On this day, we commemorate the and participated in many community unteerism. The people of Connecticut success of the 1964 Wilderness Act with activities. He was a lifetime member of thank the Colchester Lions Club and a renewed commitment to responsible the American Legion and the Veterans all its members for their service, dedi- preservation. More than 35 years since of Foreign Wars. After retiring from cation, and contribution to our State.∑ the Act’s passage, Americans can more the mines in the mid 1980’s, Bob trav- f readily cherish and enjoy pristine lands eled all over our State seeking the op- in their natural state, unencumbered portunity to speak to our school chil- IN RECOGNITION OF THE NORTH by growth and development. An impor- dren about the importance of service to CATHOLIC GIRLS BASKETBALL tant goal of this new Caucus is the de- our country and to our state. TEAM sire to improve our process for making A devoted husband and father, Bob ∑ Mr. SANTORUM. Mr. President, I important land management decisions raised four wonderful and productive rise today to recognize the North impacting our public lands. children, two boys and two girls. The Catholic Girls Basketball team for Developing consensus policy for pub- example he set for his sons resulted in their 25 years of outstanding accom- lic lands protection is of particular ne- both of them following in his footsteps plishments. cessity and importance for western and enlisting in the armed forces. The Over the past 25 years, the team has states. In Arizona, more than 80 per- eldest, Mike, is serving in the 101st Air- earned a record of 671 wins and 100 cent of lands are held in public owner- borne division of Fort Campbell, KY, losses. Coach Don Barth, the team’s ship, with 4.5 million acres designated and Steve is a full-time member of the coach during their first 23 years, took as wilderness. Arizonans enjoy wilder- West Virginia Army National Guard. the team to the WPIAL championship ness in such places as the Superstition His daughters also are respected mem- game 21 times. Last year, the team Mountains, Cabeza Prieta, Baboquivari bers of their communities. The oldest, again went to the championship game Peak and the Red Rock Secret Moun- LaRue, is a chiropractor, and her under their current coach, Molly tain. younger sister, Anitra, is a loving Larkin Rothman. Many more difficult land manage- mother and housewife. Among the team’s other accomplish- ment decisions will require our Bob passed away in May of this year, ments, they have won the state cham- thoughtful consideration. For example, and was buried, so appropriately, on pionships seven times, the conference the state of Arizona has grappled for the day which commemorates the lives championship 25 times, and they hold more than ten years over the question of all those who sacrificed so much for the record for the longest winning of wilderness suitability for the state’s our nation, Memorial Day. Mr. Presi- streak with 56 wins between 1987 and largest national park, the Grand Can- dent, as you know, I am the ranking 1989. yon National Park. Arizonans are still member of the Senate Committee on Mr. President, I ask my colleagues to engaged in deliberations of this impor- Veterans’ Affairs, and I take great join with me in congratulating the tant decision, as well as determining pride in recognizing this wonderful and North Catholic Girls Basketball team appropriate land management deci- patriotic man from my state of West on their outstanding accomplishments sions for other areas in our state. Virginia. Bob was one of more than over the past 25 years. They have pro- Each of us is well aware that public 200,000 veterans from my home State, vided an excellent example for youth in land management is divisive and, if not

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10626 CONGRESSIONAL RECORD — SENATE September 8, 1999 carefully developed, can usually result sales of environmental license plates. other assistance for poisonings or accidental in unfair games of give-and-take be- That initiative resulted in the protec- exposures. tween land-users and conservationists. tion of more than 5000 acres of threat- (c) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to A fine balance between competing ened lands. carry out this section, $2,000,000 for each of users has proved to be possible, and it I am proud to join my colleagues in the fiscal years 2000 through 2004. Funds ap- is this balance toward which we must the Senate in starting the Wilderness propriated under this subsection shall not be strive. I am joining with my colleagues and Public Lands Caucus and carrying used to fund any toll-free phone number de- in this Caucus because I believe that forward the tradition of stewardship of scribed in subsection (b). any decisions we make in the Congress federal lands reflected in the Wilder- SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA ness Act of 1964. I would like to thank CAMPAIGN. for public land policy should heed the (a) IN GENERAL.—The Secretary shall es- spirit of bipartisanship, promote the Senator FEINGOLD in particular for his tablish a national media campaign to edu- ethics of stewardship and multiple use, leadership and dedication to this issue. cate the public and health care providers and protect individual rights. In gen- We have the obligation and the op- about poison prevention and the availability eral, we must ensure that all view- portunity to protect the natural herit- of poison control resources in local commu- points on land-use issues are given fair age that belongs to all Americans. The nities and to conduct advertising campaigns opportunity to be heard. Wilderness and Public Lands Caucus concerning the nationwide toll-free number established under section 4. We should find our inspiration in the will be an important asset in pursuing (b) CONTRACT WITH ENTITY.—The Secretary example of a hero of mine, and a that goal by providing support and edu- may carry out subsection (a) by entering statesman of the highest virtue, Mo cation regarding federal land manage- into contracts with 1 or more nationally rec- Udall, whose grace and wisdom should ment and wilderness areas.∑ ognized media firms for the development and distribution of monthly television, radio, inspire every American. Mo once f taught a freshman Congressman from and newspaper public service announce- PROVIDING ASSISTANCE FOR POI- ments. the other side of the aisle a valuable SON PREVENTION AND FUNDING (c) AUTHORIZATION OF APPROPRIATIONS.— lesson. He reached across party lines to OF REGIONAL POISON CENTERS— There is authorized to be appropriated to enlist me in the effort to tackle envi- carry out this section, $600,000 for each of the S. 632 ronmental problems in our home state. fiscal years 2000 through 2004. Mo’s faith in the pursuit of coopera- On August 5, 1999, the Senate passed SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM. tion and consensus enabled us to enact S. 632, as follows: (a) REGIONAL POISON CONTROL CENTERS.— landmark legislation placing 3.5 mil- S. 632 The Secretary shall award grants to certified regional poison control centers for the pur- lion acres of pristine Arizona lands Be it enacted by the Senate and House of Rep- poses of achieving the financial stability of into the Wilderness Preservation Sys- resentatives of the United States of America in such centers, and for preventing and pro- tem. Contrary to the predictions of Congress assembled, viding treatment recommendations for naysayers and competing political in- SECTION 1. SHORT TITLE. poisonings. terests, Mo Udall brought the Arizona This Act may be cited as the ‘‘Poison Con- (b) OTHER IMPROVEMENTS.—The Secretary congressional delegation together with trol Center Enhancement and Awareness shall also use amounts received under this Act’’. section to— broad support from the public. This (1) develop standard education programs; was no simple task, but it worked, and SEC. 2. FINDINGS. Congress makes the following findings: (2) develop standard patient management Mo Udall demonstrated to his col- (1) Each year more than 2,000,000 protocols for commonly encountered toxic leagues and constituents a successful poisonings are reported to poison control exposures; formula for bringing together people of centers throughout the United States. More (3) improve and expand the poison control good faith and different perspectives to than 90 percent of these poisonings happen in data collection systems; achieve a common purpose. the home. 53 percent of poisoning victims are (4) improve national toxic exposure sur- This new Caucus gives us an oppor- children younger than 6 years of age. veillance; and tunity to uphold our commitment to (2) Poison control centers are a valuable (5) expand the physician/medical toxi- national resource that provide life-saving cologist supervision of poison control cen- responsible preservation while pro- ters. tecting the rights of all Americans for and cost-effective public health services. For every dollar spent on poison control centers, (c) CERTIFICATION.—Except as provided in public use of lands. I encourage our col- $7 in medical costs are saved. The average subsection (d), the Secretary may make a leagues, of all minds on this issue, to cost of a poisoning exposure call is $32, while grant to a center under subsection (a) only if— join in the Caucus so that our rec- the average cost if other parts of the medical (1) the center has been certified by a pro- ommendations and discussions can be system are involved is $932. Over the last 2 fessional organization in the field of poison fully representative of all interested decades, the instability and lack of funding control, and the Secretary has approved the ∑ has resulted in a steady decline in the num- parties. organization as having in effect standards ber of poison control centers in the United ∑ Mr. BAYH. Mr. President, I rise for certification that reasonably provide for States. Within just the last year, 2 poison today to express my great pride in be- the protection of the public health with re- control centers have been forced to close be- coming a founding member of the spect to poisoning; or cause of funding problems. A third poison (2) the center has been certified by a State newly-formed Senate Wilderness and control center is scheduled to close in April government, and the Secretary has approved Public Lands Caucus. The protection of 1999. Currently, there are 73 such centers. the State government as having in effect public lands is critical to the preserva- (3) Stabilizing the funding structure and standards for certification that reasonably tion of our national heritage, the pro- increasing accessibility to poison control provide for the protection of the public centers will increase the number of United tection of our environmental health health with respect to poisoning. States residents who have access to a cer- and the endurance of the American tra- (d) WAIVER OF CERTIFICATION REQUIRE- tified poison control center, and reduce the dition of respect for natural resources. MENTS.— inappropriate use of emergency medical In September of 1964, the Wilderness (1) IN GENERAL.—The Secretary may grant services and other more costly health care a waiver of the certification requirement of Protection Act was passed. It was a services. landmark in public land protection, es- subsection (c) with respect to a noncertified SEC. 3. DEFINITION. poison control center or a newly established tablishing that some lands managed by In this Act, the term ‘‘Secretary’’ means the federal government should be pre- center that applies for a grant under this the Secretary of Health and Human Services. section if such center can reasonably dem- served as wilderness for the benefit of SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL- onstrate that the center will obtain such a all Americans. My father was among FREE NUMBER. certification within a reasonable period of the Senators who worked to pass that (a) IN GENERAL.—The Secretary shall pro- time as determined appropriate by the Sec- legislation. vide coordination and assistance to regional retary. Today, wilderness areas are under poison control centers for the establishment (2) RENEWAL.—The Secretary may only even greater pressure from increasing of a nationwide toll-free phone number to be renew a waiver under paragraph (1) for a pe- development and expansion. As Gov- used to access such centers. riod of 3 years. (b) RULE OF CONSTRUCTION.—Nothing in (e) SUPPLEMENT NOT SUPPLANT.—Amounts ernor of Indiana, I worked to protect this section shall be construed as prohibiting made available to a poison control center state lands by establishing the Indiana the establishment or continued operation of under this section shall be used to supple- Heritage Trust, which preserved sen- any privately funded nationwide toll-free ment and not supplant other Federal, State, sitive areas with the proceeds from phone number used to provide advice and or local funds provided for such center.

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(f) MAINTENANCE OF EFFORT.—A poison con- viders and emergency dispatch providers; the release to a PSAP, emergency medical trol center, in utilizing the proceeds of a public safety, fire service and law enforce- service provider or emergency dispatch pro- grant under this section, shall maintain the ment officials; transportation officials, and vider, public safety, fire service or law en- expenditures of the center for activities of hospital emergency and trauma care facili- forcement official, or hospital emergency or the center at a level that is not less than the ties. trauma care facility of subscriber informa- level of such expenditures maintained by the (b) PURPOSE.—The purpose of this Act is to tion related to emergency calls or emer- center for the fiscal year preceding the fiscal encourage and facilitate the prompt deploy- gency services. year for which the grant is received. ment throughout the United States of a (b) USER PARITY.—A person using wireless (g) MATCHING REQUIREMENT.—The Sec- seamless, ubiquitous, and reliable end-to-end 9–1–1 service shall have immunity or other retary may impose a matching requirement infrastructure for communications, includ- protection from liability of a scope and ex- with respect to amounts provided under a ing wireless communications, to meet the tent that is not less than the scope and ex- grant under this section if the Secretary de- Nation’s public safety and other communica- tent of immunity or other protection from termines appropriate. tions needs. liability under applicable law in similar cir- cumstances of a person using 9–1–1 service (h) AUTHORIZATION OF APPROPRIATIONS.— SEC. 3. UNIVERSAL EMERGENCY TELEPHONE that is not wireless. There is authorized to be appropriated to NUMBER. (c) PSAP PARITY.—In matters related to carry out this section, $25,000,000 for each of (a) ESTABLISHMENT OF UNIVERSAL EMER- wireless 9–1–1 communications, a PSAP, and the fiscal years 2000 through 2004. GENCY TELEPHONE NUMBER.—Section 251(e) of its employees, vendors, agents, and author- f the Communications Act of 1934 (47 U.S.C. izing government entity (if any) shall have E–911 ACT OF 1999 251(e)) is amended by adding at the end the immunity or other protection from liability following new paragraph: of a scope and extent that is not less than On August 5, 1999, the Senate passed ‘‘(3) UNIVERSAL EMERGENCY TELEPHONE the scope and extent of immunity or other S. 800, as follows: NUMBER.—The Commission and any agency protection from liability under applicable S. 800 or entity to which the Commission has dele- law accorded to such PSAP, employees, ven- gated authority under this subsection shall dors, agents, and authorizing government en- Be it enacted by the Senate and House of Rep- designate 9–1–1 as the universal emergency tity, respectively, in matters related to 9–1– resentatives of the United States of America in telephone number within the United States 1 communications that are not wireless. Congress assembled, for reporting an emergency to appropriate (d) BASIS FOR ENACTMENT.—This section is SECTION 1. SHORT TITLE. authorities and requesting assistance. The enacted as an exercise of the enforcement This Act may be cited as the ‘‘Wireless designation shall apply to both wireline and power of the Congress under section 5 of the Communications and Public Safety Act of wireless telephone service. In making the Fourteenth Amendment to the Constitution 1999’’. designation, the Commission (and any such and the power of the Congress to regulate SEC. 2. FINDINGS AND PURPOSE. agency or entity) shall provide appropriate commerce with foreign nations, among the (a) FINDINGS.—The Congress finds that— transition periods for areas in which 9–1–1 is several States, and with Indian tribes. (1) the establishment and maintenance of not in use as an emergency telephone num- SEC. 5. AUTHORITY TO PROVIDE CUSTOMER IN- an end-to-end communications infrastruc- ber on the date of enactment of the Wireless FORMATION. ture among members of the public, emer- Communications and Public Safety Act of Section 222 of the Communications Act of gency safety, fire service and law enforce- 1999.’’. 1934 (47 U.S.C. 222) is amended— ment officials, emergency dispatch pro- (b) SUPPORT.—The Federal Communica- (1) in subsection (d)— (A) by striking ‘‘or’’ at the end of para- viders, transportation officials, and hospital tions Commission shall encourage and sup- graph (2); emergency and trauma care facilities will re- port efforts by States to deploy comprehen- (B) by striking the period at the end of duce response times for the delivery of emer- sive end-to-end emergency communications paragraph (3) and inserting a semicolon and gency care, assist in delivering appropriate infrastructure and programs, based on co- ‘‘and’’; and care, and thereby prevent fatalities, substan- ordinated statewide plans, including seam- (C) by adding at the end the following: tially reduce the severity and extent of inju- less, ubiquitous, reliable wireless tele- ‘‘(4) to provide call location information ries, reduce time lost from work, and save communications networks and enhanced concerning the user of a commercial mobile thousands of lives and billions of dollars in wireless 9–1–1 service. In encouraging and service (as such term is defined in section health care costs; supporting that deployment, the Commission 332(d))— (2) the rapid, efficient deployment of emer- shall consult and cooperate with State and ‘‘(A) to a public safety answering point, gency telecommunications service requires local officials responsible for emergency emergency medical service provider or emer- statewide coordination of the efforts of local services and public safety, the telecommuni- gency dispatch provider, public safety, fire public safety, fire service and law enforce- cations industry (specifically including the service, or law enforcement official, or hos- ment officials, emergency dispatch pro- cellular and other wireless telecommuni- pital emergency or trauma care facility, in viders, and transportation officials; the es- cations service providers), the motor vehicle order to respond to the user’s call for emer- tablishment of sources of adequate funding manufacturing industry, emergency medical gency services; for carrier and public safety, fire service and service providers and emergency dispatch ‘‘(B) to inform the user’s legal guardian or law enforcement agency technology develop- providers, transportation officials, special 9– members of the user’s immediate family of ment and deployment; the coordination and 1–1 districts, public safety, fire service and the user’s location in an emergency situa- integration of emergency communications law enforcement officials, consumer groups, tion that involves the risk of death or seri- with traffic control and management sys- and hospital emergency and trauma care per- ous physical harm; or tems and the designation of 9–1–1 as the sonnel (including emergency physicians, ‘‘(C) to providers of information or data- number to call in emergencies throughout trauma surgeons, and nurses). The Commis- base management services solely for pur- the Nation; sion shall encourage each State to develop poses of assisting in the delivery of emer- (3) emerging technologies can be a critical and implement coordinated statewide de- gency services in response to an emer- component of the end-to-end communica- ployment plans, through an entity des- gency.’’. tions infrastructure connecting the public ignated by the governor, and to include rep- (2) by redesignating subsection (f) as sub- with emergency medical service providers resentatives of the foregoing organizations section (h) and by inserting the following and emergency dispatch providers, public and entities in development and implemen- tation of such plans. Nothing in this sub- after subsection (e): safety, fire service and law enforcement offi- ‘‘(f) AUTHORITY TO USE WIRELESS LOCATION section shall be construed to authorize or re- cials, and hospital emergency and trauma INFORMATION.—For purposes of subsection care facilities, to reduce emergency response quire the Commission to impose obligations (c)(1), without the express prior authoriza- times and provide appropriate care; or costs on any person. tion of the customer, a customer shall not be (4) improved public safety remains an im- SEC. 4. PARITY OF PROTECTION FOR PROVISION considered to have approved the use or dis- portant public health objective of Federal, OR USE OF WIRELESS SERVICE. closure of or access to— State, and local governments and substan- (a) PROVIDER PARITY.—A wireless carrier, ‘‘(1) call location information concerning tially facilitates interstate and foreign com- and its officers, directors, employees, ven- the user of a commercial mobile service (as merce; dors, and agents, shall have immunity or such term is defined in section 332(d)), other (5) emergency care systems, particularly in other protection from liability in a State of than in accordance with subsection (d)(4); or rural areas of the Nation, will improve with a scope and extent that is not less than the ‘‘(2) automatic crash notification informa- the enabling of prompt notification of emer- scope and extent of immunity or other pro- tion to any person other than for use in the gency services when motor vehicle crashes tection from liability that any local ex- operation of an automatic crash notification occur; and change company, and its officers, directors, system. (6) the construction and operation of seam- employees, vendors, or agents, have under ‘‘(g) SUBSCRIBER LISTED AND UNLISTED IN- less, ubiquitous, and reliable wireless tele- Federal and State law (whether through FORMATION FOR EMERGENCY SERVICES.—Not- communications systems promote public statute, judicial decision, tariffs filed by withstanding subsections (b), (c), and (d), a safety and provide immediate and critical such local exchange company, or otherwise) telecommunications carrier that provides communications links among members of applicable in such State, including in con- telephone exchange service shall provide in- the public; emergency medical service pro- nection with an act or omission involving formation described in subsection (i)(3)(A)

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10628 CONGRESSIONAL RECORD — SENATE September 8, 1999 (including information pertaining to sub- (ii) in paragraph (3) by striking ‘‘, or his and maintain files of information and lists of scribers whose information is unlisted or un- designee’’ and inserting ‘‘to represent the in- experts on related subjects that can be dis- published) that is in its possession or control terests of the Foundation’’; and in paragraph seminated on request; (including information pertaining to sub- (3) strike the word ‘‘chairman’’ and insert ‘‘(7) sponsor meetings of Federal agencies, scribers of other carriers) on a timely and the word ‘‘president’’; State and local governments, and private in- unbundled basis, under nondiscriminatory (iii) in paragraph (4) by striking ‘‘, or his dividuals and organizations for the purpose and reasonable rates, terms, and conditions designee’’ and inserting ‘‘to represent the in- of coordinating their activities in celebra- to providers of emergency services, and pro- terests of the 2003 Committee’’; tion of the centennial of flight; and viders of emergency support services, solely (iv) in paragraph (5) by inserting before the ‘‘(8) encourage organizations to publish for purposes of delivering or assisting in the period ‘‘and shall represent the interests of works related to the history of aviation.’’; delivery of emergency services.’’; such aeronautical entities’’; and (3) in section 6(a)— (3) by inserting ‘‘location,’’ after ‘‘destina- (v) in paragraph (6) by striking ‘‘, or his (A) in paragraph (2)— tion,’’ in subsection (h)(1)(A) (as redesig- designee’’; (i) by striking the first sentence; and nated by paragraph (2)); and (B) by striking subsection (f); (ii) in the second sentence— (4) by adding at the end of subsection (h) (C) by redesignating subsections (b) (I) by striking ‘‘the Federal’’ and inserting (as redesignated), the following: through (e) as subsections (c) through (f), re- ‘‘a Federal’’; and ‘‘(4) PUBLIC SAFETY ANSWERING POINT.—The spectively; and (II) by striking ‘‘the information’’ and in- term ‘public safety answering point’ means a (D) by inserting after subsection (a) the serting ‘‘information’’; and facility that has been designated to receive following: (B) in paragraph (3) by striking ‘‘section emergency calls and route them to emer- ‘‘(b) ALTERNATES.—Each member described 4(c)(2)’’ and inserting ‘‘section 4(d)(2)’’; gency service personnel. under subsection (a) may designate an alter- (4) in section 6(c)(1) by striking ‘‘the Com- ‘‘(5) EMERGENCY SERVICES.—The term nate who may act in lieu of the member to mission may’’ and inserting ‘‘the Adminis- ‘emergency services’ means 9–1–1 emergency the extent authorized by the member, in- trator of the National Aeronautics and Space services and emergency notification services. cluding attending meetings and voting.’’; Administration or the Administrator of the ‘‘(6) EMERGENCY NOTIFICATION SERVICES.— (2) in section 5— Federal Aviation Administration (or an em- The term ‘emergency notification services’ (A) in subsection (a)— ployee of the respective administration as means services that notify the public of an (i) by inserting ‘‘provide recommendations designated by either Administrator) may, on emergency. and advice to the President, Congress, and behalf of the Commission,’’; ‘‘(7) EMERGENCY SUPPORT SERVICES.—The Federal agencies on the most effective ways (5) in section 7— term ‘emergency support services’ means in- to’’ after ‘‘The Commission shall’’; (A) in subsection (a) in the first sentence— formation or data base management services (ii) by striking paragraph (1); and (i) by striking ‘‘There’’ and inserting ‘‘Sub- used in support of emergency services.’’. (iii) by redesignating paragraphs (2) ject to subsection (h), there’’; and through (7) as paragraphs (1) through (6), re- SEC. 6. DEFINITIONS. (ii) by inserting before the period ‘‘or rep- As used in this Act: spectively; resented on the Advisory Board under sec- (B) by redesignating subsection (b) as sub- (1) SECRETARY.—The term ‘‘Secretary’’ tion 12(b)(1) (A) through (E)’’; means the Secretary of Transportation. section (c) and inserting after subsection (a) (B) in subsection (b) by striking ‘‘The Com- the following: mission’’ and inserting ‘‘Subject to sub- (2) STATE.—The term ‘‘State’’ means any of ‘‘(b) INTERNATIONAL ACTIVITIES.—The Com- the several States, the District of Columbia, section (h), the Commission’’; mission may— or any territory or possession of the United (C) by striking subsection (g); ‘‘(1) advise the United States with regard States. (D) by redesignating subsection (h) as sub- to gaining support for and facilitating inter- section (g); and (3) PUBLIC SAFETY ANSWERING POINT; national recognition of the importance of (E) by adding at the end the following: PSAP.—The term ‘‘public safety answering aviation history in general and the centen- ‘‘(h) LIMITATION.—Each member of the point’’ or ‘‘PSAP’’ means a facility that has nial of powered flight in particular; and Commission described under section 4(a) (3), been designated to receive 9–1–1 calls and ‘‘(2) attend international meetings regard- (4), and (5) may not make personnel deci- route them to emergency service personnel. ing such activities as advisors to official sions, including hiring, termination, and set- (4) WIRELESS CARRIER.—The term ‘‘wireless United States representatives or to gain or ting terms and conditions of employment.’’; carrier’’ means a provider of commercial mo- provide information for or about the activi- (6) in section 9— bile services or any other radio communica- ties of the Commission.’’; and (A) in subsection (a)— tions service that the Federal Communica- (C) by adding at the end the following: (i) by striking ‘‘The Commission may’’ and tions Commission requires to provide wire- ‘‘(d) ADDITIONAL DUTIES.—The Commission inserting ‘‘After consultation with the Com- less 9–1–1 service. may— mission, the Administrator of the National (5) ENHANCED WIRELESS 9–1–1 SERVICE.—The ‘‘(1)(A) assemble, write, and edit a calendar Aeronautics and Space Administration term ‘‘enhanced wireless 9–1–1 service’’ of events in the United States (and signifi- may’’; and means any enhanced 9–1–1 service so des- cant events in the world) dealing with the (ii) by striking ‘‘its duties or that it’’ and ignated by the Federal Communications commemoration of the centennial of flight inserting ‘‘the duties under this Act or that Commission in the proceeding entitled ‘‘Re- or the history of aviation; the Administrator of the National Aero- vision of the Commission’s Rules to Ensure ‘‘(B) actively solicit event information; nautics and Space Administration’’; Compatibility with Enhanced 9–1–1 Emer- and (B) in subsection (b)— gency Calling Systems’’ (CC Docket No. 94– ‘‘(C) disseminate the calendar by printing (i) in the first sentence by striking ‘‘The 102; RM–8143), or any successor proceeding. and distributing hard and electronic copies Commission shall have’’ and inserting ‘‘After (6) WIRELESS 9–1–1 SERVICE.—The term and making the calendar available on a web consultation with the Commission, the Ad- ‘‘wireless 9–1–1 service’’ means any 9–1–1 page on the Internet; ministrator of the National Aeronautics and service provided by a wireless carrier, in- ‘‘(2) maintain a web page on the Internet Space Administration may exercise’’; and cluding enhanced wireless 9–1–1 service. for the public that includes activities related (ii) in the second sentence by striking (7) EMERGENCY DISPATCH PROVIDERS.—The to the centennial of flight celebration and ‘‘that the Commission lawfully adopts’’ and term ‘‘emergency dispatch providers’’ shall the history of aviation; inserting ‘‘adopted under subsection (a)’’; include governmental and nongovernmental ‘‘(3) write and produce press releases about and providers of emergency dispatch services. the centennial of flight celebration and the (C) by amending subsection (d) to read as f history of aviation; follows: CENTENNIAL OF FLIGHT ‘‘(4) solicit and respond to media inquiries ‘‘(d) USE OF FUNDS.— COMMEMORATION ACT OF 1999 and conduct media interviews on the centen- ‘‘(1) IN GENERAL.—Subject to paragraph (2), nial of flight celebration and the history of funds from licensing royalties received under On August 5, 1999, the Senate passed aviation; this section shall be used by the Commission S. 1072, as follows: ‘‘(5) initiate contact with individuals and to carry out the duties of the Commission S. 1072 organizations that have an interest in avia- specified by this Act. Be it enacted by the Senate and House of Rep- tion to encourage such individuals and orga- ‘‘(2) EXCESS FUNDS.—The Commission shall resentatives of the United States of America in nizations to conduct their own activities in transfer any portion of funds in excess of Congress assembled, celebration of the centennial of flight; funds necessary to carry out the duties de- SECTION 1. CENTENNIAL OF FLIGHT COMMIS- ‘‘(6) provide advice and recommendations, scribed under paragraph (1), to the National SION. through the Administrator of the National Aeronautics and Space Administration to be The Centennial of Flight Commemoration Aeronautics and Space Administration or used for the sole purpose of commemorating Act (36 U.S.C. 143 note; 112 Stat. 3486 et seq.) the Administrator of the Federal Aviation the history of aviation or the centennial of is amended— Administration (or any employee of such an powered flight.’’; (1) in section 4— agency head under the direction of that (7) in section 10— (A) in subsection (a)— agency head), to individuals and organiza- (A) in subsection (a)— (i) in paragraphs (1) and (2) by striking ‘‘or tions that wish to conduct their own activi- (i) in the first sentence, by striking ‘‘ac- his designee’’; ties in celebration of the centennial of flight, tivities of the Commission’’ and inserting

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10629 ‘‘actions taken by the Commission in fulfill- (B) impairs electronic commerce, which is use of the domain name by the domain name ment of the Commission’s duties under this important to interstate commerce and the registrant or the domain name registrant’s Act’’; United States economy; authorized licensee. (ii) in paragraph (3), by adding ‘‘and’’ after (C) deprives legitimate trademark owners ‘‘(2)(A) The owner of a mark may file an in the semicolon; of substantial revenues and consumer good- rem civil action against a domain name if— (iii) in paragraph (4), by striking the semi- will; and ‘‘(i) the domain name violates any right of colon and ‘‘and’’ and inserting a period; and (D) places unreasonable, intolerable, and the registrant of a mark registered in the (iv) by striking paragraph (5); and overwhelming burdens on trademark owners Patent and Trademark Office, or section 43 (B) in subsection (b)(1) by striking ‘‘activi- in protecting their valuable trademarks. (a) or (c); and ties’’ and inserting ‘‘recommendations’’; (2) Amendments to the Trademark Act of ‘‘(ii) the court finds that the owner has (8) in section 12— 1946 would clarify the rights of a trademark demonstrated due diligence and was not able (A) in subsection (b)— owner to provide for adequate remedies and to find a person who would have been a de- (i) in paragraph (1)— to deter cyberpiracy and cybersquatting. fendant in a civil action under paragraph (1). (I) in subparagraphs (A), (C), (D), and (E), SEC. 3. CYBERPIRACY PREVENTION. ‘‘(B) The remedies of an in rem action by striking ‘‘, or the designee of the Sec- (a) IN GENERAL.—Section 43 of the Trade- under this paragraph shall be limited to a retary’’; mark Act of 1946 (15 U.S.C. 1125) is amended court order for the forfeiture or cancellation (II) in subparagraph (B), by striking ‘‘, or by inserting at the end the following: of the domain name or the transfer of the do- the designee of the Librarian’’; and ‘‘(d)(1)(A) A person shall be liable in a civil main name to the owner of the mark.’’. (III) in subparagraph (F)— action by the owner of a trademark or serv- (b) ADDITIONAL CIVIL ACTION AND REM- (aa) in clause (i) by striking ‘‘government’’ ice mark if, without regard to the goods or EDY.—The civil action established under sec- and inserting ‘‘governmental entity’’; and services of the parties, that person— tion 43(d)(1) of the Trademark Act of 1946 (as (bb) by amending clause (ii) to read as fol- ‘‘(i) has a bad faith intent to profit from added by this section) and any remedy avail- lows: that trademark or service mark; and able under such action shall be in addition to ‘‘(ii) shall be selected among individuals ‘‘(ii) registers, traffics in, or uses a domain any other civil action or remedy otherwise who— name that— applicable. ‘‘(I) have earned an advanced degree re- ‘‘(I) in the case of a trademark or service SEC. 4. DAMAGES AND REMEDIES. lated to aerospace history or science, or have mark that is distinctive at the time of reg- (a) REMEDIES IN CASES OF DOMAIN NAME PI- actively and primarily worked in an aero- istration of the domain name, is identical or RACY.— space related field during the 5-year period confusingly similar to such mark; or (1) INJUNCTIONS.—Section 34(a) of the before appointment by the President; and ‘‘(II) in the case of a famous trademark or Trademark Act of 1946 (15 U.S.C. 1116(a)) is ‘‘(II) specifically represent 1 or more of the service mark that is famous at the time of amended in the first sentence by striking persons or groups enumerated under section registration of the domain name, is dilutive ‘‘section 43(a)’’ and inserting ‘‘section 43 (a), 5(a)(1).’’; and of such mark. (c), or (d)’’. ‘‘(B) In determining whether there is a bad- (ii) by adding at the end the following: (2) DAMAGES.—Section 35(a) of the Trade- faith intent described under subparagraph ‘‘(2) ALTERNATES.—Each member described mark Act of 1946 (15 U.S.C. 1117(a)) is amend- (A), a court may consider factors such as, under paragraph (1) (A) through (E) may des- ed in the first sentence by inserting ‘‘, (c), or but not limited to— ignate an alternate who may act in lieu of (d)’’ after ‘‘section 43 (a)’’. ‘‘(i) the trademark or other intellectual the member to the extent authorized by the (b) STATUTORY DAMAGES.—Section 35 of the property rights of the person, if any, in the member, including attending meetings and Trademark Act of 1946 (15 U.S.C. 1117) is domain name; voting.’’; and amended by adding at the end the following: ‘‘(ii) the extent to which the domain name (B) in subsection (h) by striking ‘‘section ‘‘(d) In a case involving a violation of sec- consists of the legal name of the person or a 4(e)’’ and inserting ‘‘section 4(d)’’; and tion 43(d)(1), the plaintiff may elect, at any name that is otherwise commonly used to (9) in section 13— time before final judgment is rendered by identify that person; (A) by striking paragraph (4); and the trial court, to recover, instead of actual ‘‘(iii) the person’s prior use, if any, of the (B) by redesignating paragraph (5) as para- damages and profits, an award of statutory domain name in connection with the bona graph (4). damages in the amount of not less than fide offering of any goods or services; f $1,000 and not more than $100,000 per domain ‘‘(iv) the person’s legitimate noncommer- name, as the court considers just. The court cial or fair use of the mark in a site acces- ANTICYBERSQUATTING CONSUMER shall remit statutory damages in any case in sible under the domain name; PROTECTION ACT which an infringer believed and had reason- ‘‘(v) the person’s intent to divert con- able grounds to believe that use of the do- On August 5, 1999, the Senate passed sumers from the mark owner’s online loca- main name by the infringer was a fair or oth- S. 1255, as follows: tion to a site accessible under the domain erwise lawful use.’’. S. 1255 name that could harm the goodwill rep- Be it enacted by the Senate and House of Rep- resented by the mark, either for commercial SEC. 5. LIMITATION ON LIABILITY. resentatives of the United States of America in gain or with the intent to tarnish or dispar- Section 32(2) of the Trademark Act of 1946 Congress assembled, age the mark, by creating a likelihood of (15 U.S.C. 1114) is amended— SECTION 1. SHORT TITLE; REFERENCES. confusion as to the source, sponsorship, af- (1) in the matter preceding subparagraph (a) SHORT TITLE.—This Act may be cited as filiation, or endorsement of the site; (A) by striking ‘‘under section 43(a)’’ and in- the ‘‘Anticybersquatting Consumer Protec- ‘‘(vi) the person’s offer to transfer, sell, or serting ‘‘under section 43 (a) or (d)’’; and tion Act.’’. otherwise assign the domain name to the (2) by redesignating subparagraph (D) as (b) REFERENCES TO THE TRADEMARK ACT OF mark owner or any third party for substan- subparagraph (E) and inserting after sub- 1946.—Any reference in this Act to the tial consideration without having used, or paragraph (C) the following: Trademark Act of 1946 shall be a reference to having an intent to use, the domain name in ‘‘(D)(i) A domain name registrar, a domain the Act entitled ‘‘An Act to provide for the the bona fide offering of any goods or serv- name registry, or other domain name reg- registration and protection of trade-marks ices; istration authority that takes any action de- used in commerce, to carry out the provi- ‘‘(vii) the person’s intentional provision of scribed under clause (ii) affecting a domain sions of certain international conventions, material and misleading false contact infor- name shall not be liable for monetary relief and for other purposes’’, approved July 5, mation when applying for the registration of to any person for such action, regardless of 1946 (15 U.S.C. 1051 et seq.). the domain name; and whether the domain name is finally deter- SEC. 2. FINDINGS. ‘‘(viii) the person’s registration or acquisi- mined to infringe or dilute the mark. Congress finds the following: tion of multiple domain names which are ‘‘(ii) An action referred to under clause (i) (1) The registration, trafficking in, or use identical or confusingly similar to trade- is any action of refusing to register, remov- of a domain name that is identical or confus- marks or service marks of others that are ing from registration, transferring, tempo- ingly similar to a trademark or service mark distinctive at the time of registration of rarily disabling, or permanently canceling a of another that is distinctive at the time of such domain names, or dilutive of famous domain name— the registration of the domain name, or dilu- trademarks or service marks of others that ‘‘(I) in compliance with a court order under tive of a famous trademark or service mark are famous at the time of registration of section 43(d); or of another that is famous at the time of the such domain names, without regard to the ‘‘(II) in the implementation of a reasonable registration of the domain name, without re- goods or services of such persons. policy by such registrar, registry, or author- gard to the goods or services of the parties, ‘‘(C) In any civil action involving the reg- ity prohibiting the registration of a domain with the bad-faith intent to profit from the istration, trafficking, or use of a domain name that is identical to, confusingly simi- goodwill of another’s mark (commonly re- name under this paragraph, a court may lar to, or dilutive of another’s mark reg- ferred to as ‘‘cyberpiracy’’ and order the forfeiture or cancellation of the do- istered on the Principal Register of the ‘‘cybersquatting’’)— main name or the transfer of the domain United States Patent and Trademark Office. (A) results in consumer fraud and public name to the owner of the mark. ‘‘(iii) A domain name registrar, a domain confusion as to the true source or sponsor- ‘‘(D) A use of a domain name described name registry, or other domain name reg- ship of goods and services; under subparagraph (A) shall be limited to a istration authority shall not be liable for

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10630 CONGRESSIONAL RECORD — SENATE September 8, 1999 damages under this section for the registra- the registration or use of the domain name under section 43(c)(4) of such Act or relating tion or maintenance of a domain name for by such registrant is not unlawful under this to fair use) or a person’s right of free speech another absent a showing of bad faith intent Act. The court may grant injunctive relief to or expression under the first amendment of to profit from such registration or mainte- the domain name registrant, including the the United States Constitution. nance of the domain name. reactivation of the domain name or transfer ‘‘(iv) If a registrar, registry, or other reg- of the domain name to the domain name reg- SEC. 8. SEVERABILITY. istration authority takes an action described istrant.’’. If any provision of this Act, an amendment under clause (ii) based on a knowing and ma- SEC. 6. DEFINITIONS. made by this Act, or the application of such terial misrepresentation by any person that Section 45 of the Trademark Act of 1946 (15 provision or amendment to any person or a domain name is identical to, confusingly U.S.C. 1127) is amended by inserting after the circumstances is held to be unconstitutional, similar to, or dilutive of a mark registered undesignated paragraph defining the term the remainder of this Act, the amendments on the Principal Register of the United ‘‘counterfeit’’ the following: made by this Act, and the application of the States Patent and Trademark Office, such ‘‘The term ‘Internet’ has the meaning provisions of such to any person or cir- person shall be liable for any damages, in- given that term in section 230(f)(1) of the cluding costs and attorney’s fees, incurred Communications Act of 1934 (47 U.S.C. cumstance shall not be affected thereby. by the domain name registrant as a result of 230(f)(1)). SEC. 9. EFFECTIVE DATE. such action. The court may also grant in- ‘‘The term ‘domain name’ means any al- junctive relief to the domain name reg- phanumeric designation which is registered This Act shall apply to all domain names istrant, including the reactivation of the do- with or assigned by any domain name reg- registered before, on, or after the date of en- main name or the transfer of the domain istrar, domain name registry, or other do- actment of this Act, except that statutory name to the domain name registrant. main name registration authority as part of damages under section 35(d) of the Trade- ‘‘(v) A domain name registrant whose do- an electronic address on the Internet.’’. mark Act of 1946 (15 U.S.C. 1117), as added by main name has been suspended, disabled, or SEC. 7. SAVINGS CLAUSE. section 4 of this Act, shall not be available transferred under a policy described under Nothing in this Act shall affect any de- with respect to the registration, trafficking, clause (ii)(II) may, upon notice to the mark fense available to a defendant under the or use of a domain name that occurs before owner, file a civil action to establishh that Trademark Act of 1946 (including any defense the date of enactment of this Act. FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and se- lect and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBER AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY, FOR TRAVEL FROM MAR. 27, TO JUNE 3, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Forrign cur- equivalent currency or U.S. currency or U.S. currency or U.S. cur- rency or U.S. cur- currency currency rency rency

Senator J. Robert Kerrey: France ...... Franc ...... 2,774 462.00 ...... 1,119.56 320 53.30 ...... 1,634.86 Debra A. Reed: France ...... Franc ...... 716 119.00 ...... 3,123.93 ...... 3,242.93 Senator Patrick J. Leahy: Ireland ...... Pound ...... 584.38 788.00 ...... 1.082.35 ...... 1,870.35 Senator Patrick J. Leahy: Northern Ireland ...... Dollar ...... 254.00 ...... 254.00 John P. Dowd: Ireland ...... Pound ...... 584.38 788.00 ...... 1,082.35 ...... 1,870.35 Northern Ireland ...... Dollar ...... 254.00 ...... 254.00 Frederick S. Kenney II: Ireland ...... Pound ...... 1,012.84 1,379.00 ...... 1,612.40 ...... 2991.40

Total ...... 4,044.00 ...... 8,020.59 ...... 53.30 ...... 12,117.89 RICHARD G. LUGAR, Chairman, Committee on Agriculture, Nutrition, and Forestry, July 1, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ted Stevens: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Senator Richard C. Shelby: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Senator Ben Nighthorse Campbell: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Steve Cortese: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Gary Reese: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 John Young: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Wally Burnett: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Tammy Perrin: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Senator Daniel K. Inouye: Japan ...... Yen ...... 115,130 940.99 ...... 115,130 940.99 Charlie Houy: Japan ...... Yen ...... 110,942 906.76 ...... 110,942 906.76

Total ...... 5,887.75 ...... 5,887.75 TED STEVENS, Chairman, Committee on Appropriations, July 20, 1999.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10631 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES, FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Charles S. Abell: Honduras ...... Lempira ...... 423.00 30.00 ...... 30.00 Honduras ...... Dollar ...... 356.00 ...... 356.00 Honduras ...... Dollar ...... 1,328.40 ...... 1,328.40 Senator John Warner: United States ...... Dollar ...... 4,150.88 ...... 4,150.88 United Kingdom ...... Pound ...... 730.00 ...... 730.00 Belgium ...... Franc ...... 479.00 ...... 479.00 Italy ...... Lira ...... 325.00 ...... 325.00 Senator Tim Hutchinson: United States ...... Dollar ...... 4,897.50 ...... 4,897.50 Italy ...... Lira ...... 966,786 538.00 ...... 538.00 Belgium ...... Franc ...... 8,674 232.00 ...... 232.00 United Kingdom ...... Pound ...... 196.10 315.00 ...... 315.00 Todd B. Deatherage: United States ...... Dollar ...... 4,897.50 ...... 4,897.50 Italy ...... Lira ...... 966,786 538.00 ...... 538.00 Belgium ...... Franc ...... 8,674 232.00 ...... 232.00 United Kingdom ...... Pound ...... 196.10 315.00 ...... 315.00 Gary M. Hall: Israel ...... Dollar ...... 10.00 ...... 10.00 Bahrain ...... Dollar ...... 298.25 ...... 298.25 Patrick F. McCartan: Israel ...... Dollar ...... 10.00 ...... 10.00 Bahrain ...... Dollar ...... 387.25 ...... 387.25 Senator Olympia J. Snowe: Israel ...... Dollar ...... 10.00 ...... 10.00 Bahrain ...... Dollar ...... 284.25 ...... 284.25 Senator Jeff Sessions: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech Republic ...... Dollar ...... 282.00 ...... 282.00 Turkey ...... Dollar ...... 748.00 ...... 748.00 Italy ...... Dollar ...... 734.00 ...... 734.00 France ...... Dollar ...... 342.00 ...... 342.00 Senator Pat Roberts: France ...... Franc ...... 31.60 505.00 ...... 505.00 Senator James M. Inhofe: United States ...... Dollar ...... 4,930.67 ...... 4,930.67 Germany ...... Dollar ...... 101.50 ...... 101.50 Northern Ireland ...... Dollar ...... 274.00 ...... 274.00 Germany ...... Dollar ...... 185.00 ...... 185.00 Albania ...... Dollar ...... 170.00 ...... 170.00 United Kingdom ...... Dollar ...... 670.00 ...... 670.00 France ...... Franc ...... 31.60 505.00 ...... 505.00 Total ...... 10,100.25 ...... 30,305.20 JOHN WARNER, Chairman, Committee on Armed Services, June 30, 1999.

ADDENDUM TO 1ST QUARTER OF 1999.—CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES COMMITTEE FOR TRAVEL FROM JAN. 1, T0 MAR. 31, 1999.

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jack Reed: Cuba ...... Dollar ...... 311.93 ...... 311.93 Neil D. Campbell: Cuba ...... Dollar ...... 715.00 ...... 715.00 Total ...... 1,026.93 ...... 1,026.93 JOHN WARNER, Chairman, Committee on Armed Services, June 30, 1999

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING AND URBAN AFFAIRS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Phil Gramm: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech ...... Dollar ...... 282.00 ...... 282.00 Turkey ...... Dollar ...... 748.00 ...... 748.00 Italy ...... Dollar ...... 734.00 ...... 734.00 France ...... Dollar ...... 342.00 ...... 342.00 Senator Wayne Allard: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech ...... Dollar ...... 282.00 ...... 282.00 Turkey ...... Dollar ...... 748.00 ...... 748.00 Italy ...... Dollar ...... 734.00 ...... 734.00 France ...... Dollar ...... 342.00 ...... 342.00 Senator Mike Enzi: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech ...... Dollar ...... 282.00 ...... 282.00 Turkey ...... Dollar ...... 748.00 ...... 748.00 Italy ...... Dollar ...... 734.00 ...... 734.00 France ...... Dollar ...... 342.00 ...... 342.00 Ms. Ruth Cymber: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech ...... Dollar ...... 282.00 ...... 282.00

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10632 CONGRESSIONAL RECORD — SENATE September 8, 1999 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING AND URBAN AFFAIRS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Turkey ...... Dollar ...... 483.00 ...... 483.00 Italy ...... Dollar ...... 539.00 ...... 539.00 France ...... Dollar ...... 342.00 ...... 342.00 Senator Evan Bayh: Portugal ...... Dollar ...... 837.00 ...... 4,084.00 ...... 4,921.00 Mr. Robert O’Quinn: England ...... Dollar ...... 1,460.00 ...... 1,460.00 Philippines ...... Dollar ...... 744.00 ...... 744.00

Total ...... Dollar ...... 12,981.00 ...... 4,084.00 ...... 17,065.00 PHIL GRAMM, Chairman, Committee on Banking, Housing, and Urban Affairs, July 30, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Randall Popelka: Switzerland ...... Franc ...... 2,150.14 1,427.43 ...... 2,150.14 1,427.43 United States ...... Dollar ...... 923.46 ...... 923.46

Total ...... 1,427.43 ...... 923.46 ...... 2,350.89 JOHN McCAIN, Chairman, Committee on Commerce, Science, and Transportation, July 23, 1999.

ADDENDUM TO 1ST QUARTER OF 1999.—CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE, FOR TRAVEL FROM JAN. 1, TO MAR. 31, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bob Graham: Honduras ...... Dollar ...... 264.00 ...... 264.00 Nicaragua ...... Dollar ...... 75.00 ...... 75.00 Robert Filippone: Honduras ...... Dollar ...... 264.00 ...... 264.00 Nicaragua ...... Dollar ...... 75.00 ...... 75.00 Gary Shiffman: Honduras ...... Dollar ...... 264.00 ...... 264.00 Nicaragua ...... Dollar ...... 75.00 ...... 75.00 Faryar Shirzad: Honduras ...... Dollar ...... 191.06 ...... 191.06 Nicaragua ...... Dollar ...... 6.00 ...... 6.00 Daniel Bob: Peru ...... Dollar ...... 1,224.00 ...... 825.40 ...... 2,049.40 China ...... Dollar ...... 738.98 ...... 469.00 ...... 1,207.98 Robert Six: Taiwan ...... Dollar ...... 954.82 ...... 954.82 Japan ...... Dollar ...... 2,066.91 ...... 2,066.91 China ...... Dollar ...... 806.77 ...... 806.77 United States ...... Dollar ...... 4,892.06 ...... 4,892.06 United States ...... Dollar ...... 8,172.00 ...... 8,172.00 Senator John Rockefeller: United States ...... Dollar ...... 15,531.00 ...... 15,531.00 Taiwan ...... Dollar ...... 1,201.50 ...... 1,201.50 Japan ...... Dollar ...... 624.00 ...... 624.00

Total ...... 8,831.04 ...... 29,889.46 ...... 38,720.50 WILLIAM V. ROTH, JR., Chairman, Committee on Finance, July 28, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE, FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Ian Brzezinski: Poland ...... Dollar ...... 1,177.62 ...... 1,177.62 United States ...... Dollar ...... 1,664.26 ...... 1664.26

Total ...... 1,177.62 ...... 1,664.26 ...... 2,841.88 WILLIAM V. ROTH, JR., Chairman, Committee on Finance, July 28, 1999.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10633 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator Joseph Biden: United States ...... Dollar ...... 2,742.53 ...... 2,742,53 Senator Sam Brownback: Kenya ...... Dollar ...... 1,470.00 ...... 1,470.00 United States ...... Dollar ...... 6,961.15 ...... 6,961.15 Senator Christopher Dodd: Belgium ...... Dollar ...... 100.00 ...... 100.00 United States ...... Dollar ...... 5,975.97 ...... 5,975.97 United States ...... Dollar ...... 3,029.00 ...... 3,029.00 Senator Chuck Hagel: United States ...... Dollar ...... 4,971.37 ...... 4,971.37 Senator John Kerry: Thailand ...... Dollar ...... 240.00 ...... 240.00 Cambodia ...... Dollar ...... 121.00 ...... 121.00 Vietnam ...... Dollar ...... 556.00 ...... 556.00 United Kingdom ...... Dollar ...... 280.00 ...... 280.00 United States ...... Dollar ...... 11,006.92 ...... 11,006.92 Frank Jannuzi: Taiwan ...... Dollar ...... 955.50 ...... 955.50 United States ...... Dollar ...... 3,277.55 ...... 3,277.55 Michael Miller: South Africa ...... Dollar ...... 1,003.10 ...... 1,003.10 United States ...... Dollar ...... 5,600.99 ...... 5,600.99 Janice O’Connell: Belgium ...... Dollar ...... 150.00 ...... 150.00 France ...... Dollar ...... 332.00 ...... 332.00 United States ...... Dollar ...... 5,397.79 ...... 5,397.79 Nancy Stetson: Thailand ...... Dollar ...... 240.00 ...... 240.00 Cambodia ...... Dollar ...... 130.00 ...... 130.00 Vietnam ...... Dollar ...... 393.00 ...... 393.00 United Kingdom ...... Dollar ...... 281.00 ...... 281.00 United States ...... Dollar ...... 6,959.40 ...... 6,959.40 Michael Westphal: South Africa ...... Dollar ...... 914.78 ...... 914.78 United States ...... Dollar ...... 5,600.99 ...... 5,600.99 Total ...... 7,446.38 ...... 61,523.66 ...... 68,970.04 JESSE HELMS, Chairman, Committee on Foreign Relations, July 27, 1999. CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator Fred Thompson: United States ...... Dollar ...... 7,310.13 ...... 7,310.13 Italy ...... Lira ...... 646.00 ...... 646.00 Germany ...... Deutschmark ...... 420.00 ...... 420.00 Curtis Silvers: United States ...... Dollar ...... 5,402.13 ...... 5,402.13 Italy ...... Lira ...... 544.00 ...... 544.00 Germany ...... Deutschmark ...... 420.00 ...... 420.00 Christopher Ford: United States ...... Dollar ...... 5,402.13 ...... 5,402.13 Italy ...... Lira ...... 544.00 ...... 544.00 Germany ...... Deutschmark ...... 420.00 ...... 420.00 Senator Susan Collins: United States ...... Dollar ...... 812.81 ...... 812.81 Northern Ireland ...... Pound ...... 50.62 81.00 ...... 81.00 Ireland ...... Pound ...... 172.17 229.00 ...... 229.00 England ...... Pound ...... 171.31 273.00 ...... 273.00 Senator Thad Cochran: Scotland ...... Pound ...... 273.00 ...... 273.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Dennis Ward: Scotland ...... Pound ...... 362.00 ...... 362.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Dennis McDowell: Scotland ...... Pound ...... 362.00 ...... 362.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Michael Loesch: Scotland ...... Pound ...... 362.00 ...... 362.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Mitchel Kugler: United States ...... Dollar ...... 4,882.76 ...... 4,882.76 United Kingdom ...... Pound ...... 2,540.00 ...... 197.00 ...... 2,737.00 Total ...... 8,552.00 ...... 24,006.96 ...... 32,558.96 FRED THOMPSON, Chairman, Committee on Governmental Affairs, June 30, 1999. CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator Tom Harkin: United states ...... Dollar ...... 1,924.69 ...... 1,924.69 Rosemary Gutierrez: United states ...... Dollar ...... 1,924.69 ...... 1,924.69 Total ...... 3,849.38 ...... 3,849.38 JIM JEFFORDS, Chairman, Committee on Health, Education, Labor, and Pensions, July 19, 1999.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10634 CONGRESSIONAL RECORD — SENATE September 8, 1999 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS’ AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Arlen Specter: Cuba ...... Dollar ...... 216.00 ...... 216.00 David Urban: Cuba ...... Dollar ...... 187.59 ...... 20.00 ...... 117.41 ...... 325.00 Charles Robbins: Cuba ...... Dollar ...... 247.50 ...... 2.90 ...... 48.00 ...... 298.40 Anthony Cunningham: Cuba ...... Dollar ...... 292.56 ...... 15.00 ...... 17.44 ...... 325.00

Total ...... 943.65 ...... 37.90 ...... 182.85 ...... 1,164.40 ARLEN SPECTER, Chairman, Committee on Veterans’ Affairs, July 6, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Christopher Straub ...... 730.00 ...... 4,668.50 ...... 5,398.50 Senator J. Robert Kerrey ...... 730.00 ...... 4,750.50 ...... 5,480.50 Nicholas Rostow ...... 453.00 ...... 453.00 Senator Bob Graham ...... 20.50 ...... 20.50 Alfred Cumming ...... 134.50 ...... 134.50 Bob Fillipone ...... 135.50 ...... 135.50 Senator Richard G. Lugar ...... 1,966.00 ...... 4,247.77 ...... 6,213.77 Kenneth Myers ...... 2,140.00 ...... 4,247.77 ...... 6,387.77

Total ...... 6,309.50 ...... 17,914.54 ...... 24,224.04 RICHARD SHELBY, Chairman, Select Committee on Intelligence, July 15, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY AND DEMOCRATIC LEADERS FROM MAY 14 TO MAY 17, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Kay Bailey Hutchison: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 129.00 ...... 129.00 Senator Frank Lautenberg: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 Senator Tom Harkin: Bulgaria ...... Dollar ...... 233.50 ...... 233.50 Belgium ...... Dollar ...... 152.00 ...... 152.00 Senator Rod Grams: Bulgaria ...... Dollar ...... 40.60 ...... 40.60 Belgium ...... Dollar ...... 146.00 ...... 146.00 Senator Gordon Smith: Bulgaria ...... Dollar ...... 233.50 ...... 233.50 Belgium ...... Dollar ...... 133.00 ...... 133.00 Senator George Voinovich: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 James W. Ziglar: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 Frederic Baron: Bulgaria ...... Dollar ...... 191.50 ...... 191.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 Dave Davis: Bulgaria ...... Dollar ...... 187.50 ...... 187.50 Belgium ...... Dollar ...... 165.00 ...... 165.00 Larry DiRita: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 191.00 ...... 191.00 Beth Stewart: Bulgaria ...... Dollar ...... 204.50 ...... 204.50 Belgium ...... Dollar ...... 122.00 ...... 122.00

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10635 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY AND DEMOCRATIC LEADERS FROM MAY 14 TO MAY 17, 1999—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Sally Walsh: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 Delegation expenses: 1 Hungary ...... 435.61 ...... 435.61 Bulgaria ...... 380.61 ...... 380.61 Albania ...... 1,090.94 ...... 1,090.94 Macedonia ...... 430.61 ...... 430.61 Belgium ...... 522.17 ...... 522.17 Total ...... 3,768.10 ...... 2,859.94 ...... 6,628.04 1 Delegation expenses include direct payments and reimbursements to the Department of State and to the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95– 384, and S. Res. 179 agreed to May 25, 1977. TRENT LOTT, Majority Leader, TOM DASCHLE, Democratic Leader, July 1, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY AND DEMOCRATIC LEADERS FROM APR. 16 TO APR. 18, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ted Stevens: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Carl Levin: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Don Nickles: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Chuck Robb: Belgium ...... Franc ...... 242.00 ...... 242.00 United States ...... Dollar ...... 2,882.53 ...... 2,882.53 Senator Fred Thompson: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Pat Roberts: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Richard Durbin: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Joe Biden: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Max Baucus: Belgium ...... Franc ...... 242.00 ...... 242.00 Mr. Steven Cortese: Belgium ...... Franc ...... 242.00 ...... 242.00 Ms. Robin Cleveland: Belgium ...... Franc ...... 242.00 ...... 242.00 Richard DeBobes: Belgium ...... Franc ...... 196.00 ...... 196.00 Jim Jatras: Belgium ...... Franc ...... 242.00 ...... 242.00 Terry Sauvain: Belgium ...... Franc ...... 242.00 ...... 242.00 Total ...... 3,342.00 ...... 2,882.53 ...... 6,224,53 TRENT LOTT, Majority Leader, TIM DASCHLE, Democratic Leader, July 14, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE DEMOCRATIC LEADER FROM APRIL 4, TO APRIL 11, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Tom Daschle: Brazil ...... Real ...... 1,442.55 815.00 ...... 1,442.55 815.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 288,712 604.00 ...... 288,712 604.00 Senator Harry Reid: Brazil ...... Real ...... 1,442.55 815.00 ...... 1,442.55 815.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 288,712 604.00 ...... 288,712 604.00 Senator Byron Dorgan: Brazil ...... Real ...... 1,442.55 815.00 ...... 1,442.55 815.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 288,712 604.00 ...... 288,712 604.00 Senator Ben Nighthorse Campbell: Brazil ...... Real ...... 1,442.55 815.00 ...... 1,442.55 815.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 288,712 604.00 ...... 288,712 604.00 Sheila Murphy: Brazil ...... Real ...... 877.92 496.00 ...... 877.92 496.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 180,206 377.00 ...... 180,206 377.00 Eric Washburn: Brazil ...... Real ...... 1,154.04 652.00 ...... 1,154.04 652.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 193,112 404.00 ...... 193,112 404.00 Sally Walsh: Brazil ...... Real ...... 1,088.55 615.00 ...... 1,088.55 615.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 239,956 502.00 ...... 239,956 502.00 Delegation expenses:1 Brazil ...... 4,501.31 ...... 4,501.31

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10636 CONGRESSIONAL RECORD — SENATE September 8, 1999 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE DEMOCRATIC LEADER FROM APRIL 4, TO APRIL 11, 1999—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Argentina ...... 5,146.59 ...... 5,146.59 Chile ...... 3,928.23 ...... 3,928.23 Total ...... 13,930.00 ...... 13,576.13 ...... 27,506.13 1 Delegation expenses include direct payments and reimbursements to the Department of State and to the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22. of P.L. 95– 384, and S. Res. 179 agreed to May 25, 1977. TOM DASCHLE, h Democratic Leader, June 25, 1999. MEASURE READ FOR THE FIRST deputy director of legislative affairs at Madam President, in that vein, I fur- TIME—S.J. RES. 33 the White House. Another sister is an ther ask unanimous consent that this Mr. BROWNBACK. Madam President, assistant U.S. attorney in Arizona. nomination of Judge Murguia be con- Judge Murguia has served as a Wyan- I understand that S.J. Res. 33, intro- firmed, the motion to consider be laid dotte County District judge since Sep- duced earlier by Senator LOTT, is at upon the table, any statements relat- tember of 1990. He is a graduate of the the desk, and I ask for its first reading. ing to the nomination be printed in the University of Kansas School of Jour- RECORD, the President be immediately The PRESIDING OFFICER. The nalism and a graduate of my alma clerk will read the resolution for the notified of the Senate’s action, and the mater, the University of Kansas School Senate then return to legislative ses- first time. of Law. The bill clerk read as follows: sion. Judge Murguia took an unusual ca- The PRESIDING OFFICER. Without A joint resolution (S.J. Res. 33) deploring reer path upon graduating from that objection, it is so ordered. the actions of President Clinton regarding institution of legal scholarship that granting clemency to FALN terrorists. The nomination considered and con- has turned out so many outstanding at- firmed is as follows: Mr. BROWNBACK. Madam President, torneys. He chose to use his newly I now ask for its second reading, and I minted legal skills to help others in a THE JUDICIARY object on behalf of the Democrats in generally lower-income area of Kansas Carlos Murguia, of Kansas, to be United the Senate. city. He chose to help others in this States District Judge for the District of Kan- sas. The PRESIDING OFFICER. The ob- area who ordinarily would not have ac- jection is heard. cess to legal representation in situa- f The bill will be read the second time tions others often take for granted. LEGISLATIVE SESSION on the next legislative day. Judge Murguia took his first step The PRESIDING OFFICER. Under f into the Judiciary while still in private practice, serving first as a part-time the previous order, the Senate will re- EXECUTIVE SESSION small claims judge for the Wyandotte sume legislative session. County district court. Later in 1990, f Kansas Republican Governor Mike NOMINATION OF CARLOS Hayden appointed Mr. Murguia Wyan- REMOVAL OF INJUNCTION OF SE- MURGUIA, OF KANSAS, TO BE dotte County District Judge, filling the CRECY—TREATY DOCUMENT NOS. UNITED STATES DISTRICT reminder of a term of a judge who died 106–6 AND 106–7 JUDGE FOR THE DISTRICT OF in office. He was elected to his own 4- Mr. BROWNBACK. Madam President, KANSAS year terms in both 1992 and 1996. Judge as in executive session, I ask unani- Mr. BROWNBACK. Madam President, Murguia served Wyandotte County mous consent that the injunction of se- I ask unanimous consent that the Sen- with distinction in this office for 10 crecy be removed from the following ate immediately proceed to executive years. treaties transmitted to the Senate on session to consider the following nomi- Madam President, I am confident September 8, 1999, by the President of nation on the executive calendar: No. that Judge Murguia will bring to the the United States: International Con- Federal bench the skills and knowledge 176, the nomination of Judge Carlos vention for the Expression of Terrorist of an outstanding jurist of personal in- Murguia to be U.S. district judge for Bombings (Treaty Document No. 106–6); tegrity and with the dedication of a the district of Kansas. and Treaty with Dominican Republic man who took his law degree to help I take this opportunity to inform my for Return of Stolen or Embezzled Ve- his fellow citizens. fellow Members a little bit about Judge On a personal note, when you see the hicles, with Annexes, (Treaty Docu- Murguia. I went to school with Judge demeanor of Judge Murguia and you ment No. 106–7). Murguia. I am delighted to see him join are around his presence, you recognize I further ask that the treaties be con- the bench in Kansas. I want to speak and see the beauty of this person, the sidered as having been read the first today for a few minutes and tell my beauty of his soul, the beauty of the time, they be referred with accom- colleagues about Judge Murguia, whose smile that goes on his face when he panying papers to the Committee on nomination to the Federal Judiciary I sees justice being done for others. And Foreign Relations, and the President’s understand will be agreed to before the that smile mourns when he sees anyone messages be printed in the RECORD. close of business today. treated unjustly. He lives in his heart The PRESIDING OFFICER. Without The Federal Judiciary is a truly high for justice. I think he is probably one objection, it is so ordered. honor and responsibility. Those nomi- of the best embodiments of that fre- The messages of the President are as nated to serve must be men and women quently cited passage in Micah that follows: of the highest professional and per- reads, ‘‘what does the Lord require of To the Senate of the United States: sonal qualifications. I am privileged you but to do justice and to love mercy With a view to receiving the advice and pleased today to commend to the and to walk humbly with thy God’’. and consent of the Senate to ratifica- Senate Judge Carlos Murguia of Kansas Judge Murguia fulfills that passage tion, I transmit herewith the Inter- City, KS. A native of Kansas City, Car- in Micah. For all these reasons, I am national Convention for the Suppres- los Murguia is part of a remarkable especially pleased to wholeheartedly sion of Terrorist Bombings, adopted by family. Every one of his four siblings commend to the Senate Judge Carlos the United Nations General Assembly have earned a law degree from the Uni- Murguia nomination to the Federal on December 15, 1997, and signed on be- versity of Kansas. One sister works as district court. half of the United States of America on

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10637 January 12, 1998. The report of the De- against the scourge of international The PRESIDING OFFICER. The partment of State with respect to the terrorism. I hope that all states will clerk will report the bill by title. Convention is also transmitted for the become Parties to this Convention, and The legislative clerk read as follows: information of the Senate. that it will be applied universally. I A bill (S. 1076) to amend title 38, United In recent years, we have witnessed an recommend, therefore, that the Senate States Code, to provide a cost-of-living ad- unprecedented and intolerable increase give early and favorable consideration justment in rates of compensation paid to in acts of terrorism involving bombings to this Convention, subject to the un- veterans with service-connected disabilities, in public places in various parts of the derstandings and reservation that are to enhance programs providing health care, world. The United States initiated the described in the accompanying State education, and other benefits for veterans, to authorize major medical facility projects, to negotiation of this convention in the Department report. reform eligibility for burial in Arlington Na- aftermath of the June 1996 bombing at- WILLIAM J. CLINTON. tional Cemetery, and for other purposes. tack on U.S. military personnel in THE WHITE HOUSE, September 8, 1999. There being no objection, the Senate Dhahran, Saudi Arabia, in which 17 proceeded to consider the bill which U.S. Air Force personnel were killed as To the Senate of the United States: had been reported from the Committee the result of a truck bombing. That at- With a view to receiving the advice on Veterans’ Affairs, with an amend- tack followed other terrorist attacks and consent of the Senate to ratifica- ment to strike all after the enacting including poison gas attacks in To- tion, I transmit herewith the Treaty clause and inserting in lieu thereof the kyo’s subways; bombing attacks by Between the Government of the United following: HAMAS in Tel Aviv and Jerusalem; States of America and the Government and a bombing attack by the IRA in of the Dominican Republic for the Re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. turn of Stolen or Embezzled Vehicles, (a) SHORT TITLE.—This Act may be cited as Manchester, England. Last year’s ter- the ‘‘Veterans Benefits Act of 1999’’. rorist attacks upon United States em- with Annexes, signed at Santo Do- (b) TABLE OF CONTENTS.—The table of con- bassies in Nairobi and Dar es Salaam mingo on April 30, 1996. I transmit also, tents for this Act is as follows: are recent examples of such bombings, for the information of the Senate, the Sec. 1. Short title; table of contents. and no country or region is exempt report of the Department of State with Sec. 2. References to title 38, United States from the human tragedy and immense respect to the Treaty. Code. costs that result from such criminal The Treaty is one of a series of stolen TITLE I—MEDICAL CARE acts. Although the penal codes of most vehicles treaties being negotiated by Subtitle A—Long-Term Care states contain provisions proscribing the United States in order to eliminate Sec. 101. Adult day health care. these kinds of attacks, this Convention the difficulties faced by owners of vehi- Sec. 102. In-home respite care services. provides, for the first time, an inter- cles that have been stolen and trans- Subtitle B—Management of Medical Facilities national framework for cooperation ported across international borders. and Property among states directed toward preven- When it enters into force, it will be an Sec. 111. Enhanced-use lease authority. tion of such incidents and ensuing pun- effective tool to facilitate the return of Sec. 112. Designation of hospital bed replace- ishment of offenders, wherever found. U.S. vehicles that have been stolen or ment building at Department of In essence, the Convention imposes embezzled and taken to the Dominican Veterans Affairs medical center in binding legal obligations upon States Republic. Reno, Nevada, after Jack Streeter. Parties either to submit for prosecu- I recommend that the Senate give Subtitle C—Homeless Veterans tion or to extradite any person within early and favorable consideration to Sec. 121. Extension of program of housing as- their jurisdiction who commits an of- the Treaty, with Annexes, and give its sistance for homeless veterans. fense as defined in Article 2, attempts advice and consent to ratification. Sec. 122. Homeless veterans comprehensive serv- to commit such an act, participates as WILLIAM J. CLINTON. ice programs. Sec. 123. Authorizations of appropriations for an accomplice, organizes or directs THE WHITE HOUSE, September 8, 1999. others to commit such an offense, or in homeless veterans’ reintegration f projects. any other way contributes to the com- Sec. 124. Report on implementation of General mission of an offense by a group of per- TO INCREASE LEAVE TIME FOR FEDERAL EMPLOYEE ORGAN DO- Accounting Office recommenda- sons acting with a common purpose. A tions regarding performance NORS State Party is subject to these obliga- measures. tions without regard to the place where Mr. BROWNBACK. I ask unanimous Subtitle D—Other Health Care Provisions the alleged act covered by Article 2 consent that the Senate proceed to the Sec. 131. Emergency health care in non-Depart- took place. consideration of Calendar No. 264, H.R. ment of Veterans Affairs facilities Article 2 of the Convention declares 457. for enrolled veterans. that any person commits an offense The PRESIDING OFFICER. The Sec. 132. Improvement of specialized mental within the meaning of the Convention clerk will report the bill by title. health services for veterans. if that person unlawfully and inten- The legislative clerk read as follows: Sec. 133. Treatment and services for drug or al- tionally delivers, places, discharges or cohol dependency. A bill (H.R. 457) to amend title 5, United Sec. 134. Allocation to Department of Veterans detonates an explosive or other lethal States Code, to increase the amount of leave Affairs health care facilities of device in, into or against a place of time available to a Federal employee in any amounts in Medical Care Collec- public use, a state or government facil- year in connection with serving as an organ tions Fund. ity, a public transportation system, or donor, and for other purposes. Sec. 135. Extension of certain Persian Gulf War an infrastructure facility, with the in- There being no objection, the Senate authorities. tent (a) to cause death or serious bod- proceeded to consider the bill. Sec. 136. Report on coordination of procurement ily injury or (b) cause extensive de- Mr. BROWNBACK. I ask unanimous of pharmaceuticals and medical struction of such a place, facility or consent that the bill be considered read supplies by the Department of the third time, passed, the motion to Veterans Affairs and the Depart- system, where such destruction results ment of Defense. in or is likely to result in major eco- reconsider be laid upon the table, and Sec. 137. Reimbursement of medical expenses of nomic loss. States Parties to the Con- any statements be printed in the veterans located in Alaska. vention will also be obligated to pro- RECORD. Sec. 138. Repeal of four-year limitation on vide one another legal assistance in in- The PRESIDING OFFICER. Without terms of Under Secretary for vestigations or criminal or extradition objection, it is so ordered. Health and Under Secretary for proceedings brought in respect of the The bill (H.R. 457) was considered Benefits. offenses set forth in Article 2. read the third time and passed. Subtitle E—Major Medical Facility Projects The recommended legislation nec- f Construction Authorization essary to implement the Convention Sec. 141. Authorization of major medical facil- will be submitted to the Congress sepa- VETERANS BENEFITS ACT OF 1999 ity projects. rately. Mr. BROWNBACK. I ask that the TITLE II—BENEFITS MATTERS This Convention is a vitally impor- Senate proceed to the consideration of Sec. 201. Payment rate of certain burial benefits tant new element in the campaign Calendar No. 230, S. 1076. for certain Filipino veterans.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 6343 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10638 CONGRESSIONAL RECORD — SENATE September 8, 1999 Sec. 202. Extension of authority to maintain a ‘‘(B) Any payment by the Secretary in con- Subtitle C—Homeless Veterans regional office in the Republic of tribution to capital activities on property that SEC. 121. EXTENSION OF PROGRAM OF HOUSING the Philippines. has been leased under this subchapter may be ASSISTANCE FOR HOMELESS VET- Sec. 203. Extension of Advisory Committee on made from amounts appropriated to the Depart- ERANS. Minority Veterans. ment for construction, minor projects.’’. Section 3735(c) is amended by striking ‘‘De- Sec. 204. Dependency and indemnity compensa- (c) EXTENSION OF AUTHORITY.—Section 8169 is cember 31, 1999’’ and inserting ‘‘December 31, tion for surviving spouses of amended by striking ‘‘December 31, 2001’’ and 2001’’. former prisoners of war. inserting ‘‘December 31, 2011’’. SEC. 122. HOMELESS VETERANS COMPREHENSIVE Sec. 205. Repeal of limitation on payments of SERVICE PROGRAMS. (d) TRAINING AND OUTREACH REGARDING AU- benefits to incompetent institu- (a) PURPOSES OF GRANTS.—Paragraph (1) of THORITY.—The Secretary of Veterans Affairs tionalized veterans. section 3(a) of the Homeless Veterans Com- shall take appropriate actions to provide train- Sec. 206. Clarification of veterans employment prehensive Service Programs Act of 1992 (38 ing and outreach to personnel at Department of opportunities. U.S.C. 7721 note) is amended by inserting ‘‘, and Veterans Affairs medical centers regarding the TITLE III—MEMORIAL AFFAIRS expanding existing programs for furnishing,’’ enhanced-use lease authority under subchapter after ‘‘new programs to furnish’’. Subtitle A—Arlington National Cemetery V of chapter 81 of title 38, United States Code. (b) EXTENSION OF AUTHORITY TO MAKE Sec. 301. Short title. The training and outreach shall address meth- GRANTS.—Paragraph (2) of that section is Sec. 302. Persons eligible for burial in Arlington ods of approaching potential lessees in the med- amended by striking ‘‘September 30, 1999’’ and National Cemetery. ical or commercial sectors regarding the possi- inserting ‘‘September 30, 2001’’. Sec. 303. Persons eligible for placement in the bility of entering into leases under that author- (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- columbarium in Arlington Na- ity and other appropriate matters. tion 12 of that Act (38 U.S.C. 7721 note) is tional Cemetery. (e) INDEPENDENT ANALYSIS OF OPPORTUNITIES amended in the first sentence by inserting ‘‘and Subtitle B—World War II Memorial FOR USE OF AUTHORITY.—(1) The Secretary $50,000,000 for each of fiscal years 2000 and Sec. 311. Short title. shall take appropriate actions to secure from an 2001’’ after ‘‘for fiscal years 1993 through 1997’’. Sec. 312. Fund raising by American Battle appropriate entity independent of the Depart- SEC. 123. AUTHORIZATIONS OF APPROPRIATIONS Monuments Commission for World ment of Veterans Affairs an analysis of opportu- FOR HOMELESS VETERANS’ RE- War II Memorial. nities for the use of the enhanced-use lease au- INTEGRATION PROJECTS. Sec. 313. General authority of American Battle thority under subchapter V of chapter 81 of title Section 738(e)(1) of the Stewart B. McKinney Monuments Commission to solicit 38, United States Code. Homeless Assistance Act (42 U.S.C. 11448(e)(1) is and receive contributions. (2) The analysis under paragraph (1) shall in- amended by adding at the end the following: Sec. 314. Intellectual property and related clude— ‘‘(H) $10,000,000 for fiscal year 2000. items. ‘‘(I) $10,000,000 for fiscal year 2001.’’. (A) a survey of the facilities of the Depart- SEC. 124. REPORT ON IMPLEMENTATION OF GEN- TITLE IV—UNITED STATES COURT OF ment for purposes of identifying Department APPEALS FOR VETERANS CLAIMS ERAL ACCOUNTING OFFICE REC- property that presents an opportunity for lease OMMENDATIONS REGARDING PER- Sec. 401. Temporary service of certain judges of under the enhanced-use lease authority; FORMANCE MEASURES. United States Court of Appeals (B) an assessment of the feasibility of entering (a) REPORT.—Not later than three months for Veterans Claims upon expira- into enhanced-use leases under that authority after the date of the enactment of this Act, the tion of their terms or retirement. in the case of any property identified under sub- Secretary of Veterans Affairs shall submit to the Sec. 402. Modified terms for certain judges of paragraph (A) as presenting an opportunity for Committees on Veterans’ Affairs of the Senate United States Court of Appeals such lease; and and the House of Representatives a report con- for Veterans Claims. taining a detailed plan for the evaluation by the Sec. 403. Temporary authority for voluntary (C) an assessment of the resources required at Department of Veterans Affairs of the effective- separation incentives for certain the Department facilities concerned, and at the ness of programs to assist homeless veterans. judges on United States Court of Department Central Office, in order to facilitate (b) OUTCOME MEASURES.—The plan shall in- Appeals for Veterans Claims. the entering into of enhanced-used leases in the clude outcome measures which determine wheth- Sec. 404. Definition. case of property so identified. er veterans are housed and employed within six SEC. 2. REFERENCES TO TITLE 38, UNITED (3) If as a result of the survey under para- months after housing and employment are se- STATES CODE. graph (2)(A) the entity determines that a par- cured for veterans under such programs. Except as otherwise expressly provided, when- ticular Department property presents no oppor- ever in this Act an amendment or repeal is ex- tunities for lease under the enhanced-use lease Subtitle D—Other Health Care Provisions pressed in terms of an amendment to, or repeal authority, the analysis shall include the entity’s SEC. 131. EMERGENCY HEALTH CARE IN NON-DE- of, a section or other provision, the reference explanation of that determination. PARTMENT OF VETERANS AFFAIRS FACILITIES FOR ENROLLED VET- shall be considered to be made to a section or (4) If as a result of the survey the entity deter- other provision of title 38, United States Code. ERANS. mines that certain Department property presents (a) DEFINITIONS.—Section 1701 is amended— TITLE I—MEDICAL CARE an opportunity for lease under the enhanced- (1) in paragraph (6)— Subtitle A—Long-Term Care use lease authority, the analysis shall include a (A) by striking ‘‘and’’ at the end of subpara- SEC. 101. ADULT DAY HEALTH CARE. single integrated business plan, developed by graph (A); Section 1720(f)(1)(A)(i) is amended by striking the entity, that addresses the strategy and re- (B) by striking the period at the end of sub- ‘‘subsections (a) through (d) of this section’’ sources necessary to implement the plan for all paragraph (B) and inserting ‘‘; and’’; and and inserting ‘‘subsections (b) through (d) of property determined to present an opportunity (C) by inserting after subparagraph (B) the this section’’. for such lease. following new subparagraph: ‘‘(C) emergency care, or reimbursement for SEC. 102. IN-HOME RESPITE CARE SERVICES. (f) AUTHORITY FOR ENHANCED-USE LEASE OF such care, as described in sections 1703(a)(3) Section 1720B(b) is amended— PROPERTY UNDER BUSINESS PLAN.—(1) The Sec- and 1728(a)(2)(E) of this title.’’; and (1) in the matter preceding paragraph (1), by retary may enter into an enhanced-use lease of (2) by adding at the end the following new striking ‘‘or nursing home care’’ and inserting any property identified as presenting an oppor- paragraph: ‘‘, nursing home care, or home-based care’’; and tunity for such lease under the analysis under ‘‘(10) The term ‘emergency medical condition’ (2) in paragraph (2), by inserting ‘‘or in the subsection (e) if such lease is consistent with the means a medical condition manifesting itself by home of a veteran’’ after ‘‘in a Department fa- business plan under paragraph (4) of that sub- acute symptoms of sufficient severity (including cility’’. section. severe pain) such that a prudent layperson, who Subtitle B—Management of Medical Facilities (2) The provisions of subchapter V of chapter possesses an average knowledge of health and and Property 81 of title 38, United States Code, shall apply medicine, could reasonably expect the absence with respect to any lease under paragraph (1). SEC. 111. ENHANCED-USE LEASE AUTHORITY. of immediate medical attention to result in— (a) MAXIMUM TERM OF LEASES.—Section SEC. 112. DESIGNATION OF HOSPITAL BED RE- ‘‘(A) placing the health of the individual (or, 8162(b)(2) is amended by striking ‘‘may not ex- PLACEMENT BUILDING AT DEPART- with respect to a pregnant woman, the health of ceed—’’ and all that follows through the end MENT OF VETERANS AFFAIRS MED- the woman or her unborn child) in serious jeop- and inserting ‘‘may not exceed 55 years.’’. ICAL CENTER IN RENO, NEVADA, ardy; AFTER JACK STREETER. (b) AVAILABILITY OF FUNDS FOR CERTAIN AC- ‘‘(B) serious impairment to bodily functions; TIVITIES RELATING TO LEASES.—Section The hospital bed replacement building under or 8162(b)(4) is amended— construction at the Ioannis A. Lougaris Depart- ‘‘(C) serious dysfunction of any bodily organ (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; ment of Veterans Affairs Medical Center in or part.’’. (2) in subparagraph (A), as so designated— Reno, Nevada, is hereby designated as the (b) CONTRACT CARE.—Section 1703(a)(3) is (A) in the first sentence, by striking ‘‘only’’; ‘‘Jack Streeter Building’’. Any reference to that amended by striking ‘‘medical emergencies’’ and and building in any law, regulation, map, document, all that follows through ‘‘health of a veteran’’ (B) by striking the second sentence; and record, or other paper of the United States shall and inserting ‘‘an emergency medical condition (3) by adding at the end the following new be considered to be a reference to the Jack of a veteran who is enrolled under section 1705 subparagraph: Streeter Building. of this title or who is’’.

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(c) REIMBURSEMENT OF EXPENSES FOR EMER- ‘‘(B) emphasize, to the maximum extent prac- (3) A description of any existing memoranda GENCY CARE.—Section 1728(a)(2) is amended— ticable, the availability of funds for the pro- of agreement between the Department of Vet- (1) by striking ‘‘or’’ before ‘‘(D)’’; and grams described in paragraphs (1) and (2) of erans Affairs and the Department of Defense (2) by inserting before the semicolon at the subsection (b).’’. that provide for the cooperation referred to in end the following: ‘‘, or (E) for any emergency (2) The table of sections at the beginning of subsection (a). medical condition of a veteran enrolled under chapter 17 is amended by inserting after the item (4) A description of the effects, if any, such section 1705 of this title’’. relating to section 1712B the following new item: agreements will have on current staffing levels (d) PAYMENT PRIORITY.—Section 1705 is ‘‘1712C. Specialized mental health services.’’. at the Defense Supply Center in Philadelphia, amended by adding at the end the following (b) REPORT.—(1) Not later than March 1 of Pennsylvania, and the Department of Veterans new subsection: each of 2000, 2001, and 2002, the Secretary of Affairs National Acquisition Center in Hines, Il- ‘‘(d) The Secretary shall require in a contract Veterans Affairs shall submit to Congress a re- linois. under section 1703(a)(3) of this title, and as a port on the programs carried out by the Sec- (5) A description of the effects, if any, of such condition of payment under section 1728(a)(2) of retary under section 1712C of title 38, United cooperation on military readiness. this title, that payment by the Secretary for States Code (as added by subsection (a)). (6) A comprehensive assessment of cost savings treatment under such contract, or under such (2) The report shall, for the period beginning realized and projected over the five fiscal year section, of a veteran enrolled under this section on the date of the enactment of this Act and period beginning in fiscal year 1999 for the De- shall be made only after any payment that may ending on the date of the report— partment of Veterans Affairs and the Depart- be made with respect to such treatment under (A) describe the programs carried out under ment of Defense as a result of such cooperation, part A or part B of the Medicare program and such section 1712C; and the overall savings to the Treasury of the after any payment that may be made with re- (B) set forth the number of veterans provided United States as a result of such cooperation. services under such programs; and spect to such treatment by a third-party insur- (7) A list of the types of medical supplies and (C) set forth the amounts expended for pur- ance provider.’’. pharmaceuticals for which cooperative agree- poses of carrying out such programs. (e) EFFECTIVE DATE.—The amendments made ments would not be appropriate and the reason SEC. 133. TREATMENT AND SERVICES FOR DRUG by this section shall apply with respect to care or reasons therefor. or services provided on or after the date of the OR ALCOHOL DEPENDENCY. Section 1720A(c) is amended— (8) An assessment of the extent to which coop- enactment of this Act. (1) in the first sentence of paragraph (1)— erative agreements could be expanded to include SEC. 132. IMPROVEMENT OF SPECIALIZED MEN- (A) by striking ‘‘may not be transferred’’ and medical equipment, major systems, and durable TAL HEALTH SERVICES FOR VET- inserting ‘‘may be transferred’’; and goods used in the delivery of health care by the ERANS. (B) by striking ‘‘unless such transfer is during Department of Veterans Affairs and the Depart- (a) IN GENERAL.—(1) Subchapter II of chapter the last thirty days of such member’s enlistment ment of Defense. 17 is amended by inserting after section 1712B or tour of duty’’; and (9) A description of the effects such agree- the following new section: (2) in the first sentence of paragraph (2), by ments might have on distribution of items pur- ‘‘§ 1712C. Specialized mental health services striking ‘‘during the last thirty days of such chased cooperatively by the Department of Vet- ‘‘(a) The Secretary shall carry out programs person’s enlistment period or tour of duty’’. erans Affairs and the Department of Defense, for purposes of enhancing the provision of spe- SEC. 134. ALLOCATION TO DEPARTMENT OF VET- particularly outside the continental United cialized mental health services to veterans. ERANS AFFAIRS HEALTH CARE FA- States. CILITIES OF AMOUNTS IN MEDICAL (10) An assessment of the potential to estab- ‘‘(b) The programs carried out by the Sec- CARE COLLECTIONS FUND. retary under subsection (a) shall include the fol- lish common pharmaceutical formularies be- Section 1729A(d) is amended— tween the Department of Veterans Affairs and lowing: (1) by striking ‘‘(1)’’; ‘‘(1) Programs relating to the treatment of (2) by striking ‘‘each designated health care the Department of Defense. Post Traumatic Stress Disorder (PTSD), includ- region’’ and inserting ‘‘each Department health (11) An explanation of the current Uniform ing programs for— care facility’’; Product Number (UPN) requirements of each ‘‘(A) the establishment and operation of addi- (3) by striking ‘‘each region’’ and inserting Department and of any planned standardiza- tional outpatient and residential treatment fa- ‘‘each facility’’; tion of such requirements between the Depart- cilities for Post Traumatic Stress Disorder in (4) by striking ‘‘such region’’ both places it ments for medical equipment and durable goods areas that are underserved by existing programs appears and inserting ‘‘such facility’’; and manufacturers. relating to Post Traumatic Stress Disorder, as (4) by striking paragraph (2). SEC. 137. REIMBURSEMENT OF MEDICAL EX- determined by qualified mental health personnel SEC. 135. EXTENSION OF CERTAIN PERSIAN GULF PENSES OF VETERANS LOCATED IN of the Department who oversee such programs; WAR AUTHORITIES. ALASKA. ‘‘(B) the provision of services in response to (a) THREE-YEAR EXTENSION OF NEWSLETTER (a) PRESERVATION OF CURRENT REIMBURSE- the specific needs of veterans with Post Trau- ON MEDICAL CARE.—Section 105(b)(2) of the Per- MENT RATES.—Notwithstanding any other provi- matic Stress Disorder and related disorders, in- sian Gulf War Veterans’ Benefits Act (title I of sion of law, the Secretary of Veterans Affairs cluding short-term or long-term care services Public Law 103–446; 108 Stat. 4659; 38 U.S.C. shall, for purposes of reimbursing veterans in that combine residential treatment of Post Trau- 1117 note) is amended by striking ‘‘December 31, Alaska for medical expenses under section 1728 matic Stress Disorder; 1999’’ and inserting ‘‘December 31, 2002’’. of title 38, United States Code, during the one- ‘‘(C) the provision of Post Traumatic Stress (b) THREE-YEAR EXTENSION OF PROGRAM FOR year period beginning on the date of the enact- Disorder or dedicated case management services EVALUATION OF HEALTH OF SPOUSES AND CHIL- ment of this Act, use the fee-for-service payment on an outpatient basis; and DREN.—Section 107(b) of Persian Gulf War Vet- schedule in effect for such purposes on July 31, ‘‘(D) the enhancement of staffing of existing erans’ Benefits Act (title I of Public Law 103– 1999, rather than the Participating Physician programs relating to Post Traumatic Stress Dis- 446; 38 U.S.C. 1117 note) is amended by striking Fee Schedule under the Medicare program. order which have exceeded the projected work- ‘‘December 31, 1999’’ and inserting ‘‘December (b) REPORT.—(1) Not later than 180 days after loads for such programs. 31, 2002’’. the date of the enactment of this Act, the Sec- ‘‘(2) Programs relating to substance use dis- SEC. 136. REPORT ON COORDINATION OF PRO- retary of Veterans Affairs and the Secretary of orders, including programs for— CUREMENT OF PHARMACEUTICALS Health and Human Services shall jointly submit ‘‘(A) the establishment and operation of addi- AND MEDICAL SUPPLIES BY THE DE- to the Committees on Veterans’ Affairs of the PARTMENT OF VETERANS AFFAIRS Senate and the House of Representatives a re- tional Department-based or community-based AND THE DEPARTMENT OF DE- residential treatment facilities; FENSE. port and recommendation on the use of the Par- ‘‘(B) the expansion of the provision of opioid (a) REQUIREMENT.—Not later than March 31, ticipating Physician Fee Schedule under the treatment services, including the establishment 2000, the Secretary of Veterans Affairs and the Medicare program as a means of calculating re- and operation of additional programs for the Secretary of Defense shall jointly submit to the imbursement rates for medical expenses of vet- provision of opioid treatment services; and Committees on Veterans’ Affairs and Armed erans located in Alaska under section 1728 of ‘‘(C) the reestablishment or enhancement of Services of the Senate and the Committees on title 38, United States Code. substance use disorder services at facilities at Veterans’ Affairs and Armed Services of the (2) The report shall— which such services have been eliminated or House of Representatives a report on the co- (A) assess the differences between health care curtailed, with an emphasis on the reestablish- operation between the Department of Veterans costs in Alaska and health care costs in the con- ment or enhancement of services at facilities Affairs and the Department of Defense in the tinental United States; where demand for such services is high or which procurement of pharmaceuticals and medical (B) describe any differences between the costs serve large geographic areas. supplies. of providing health care in Alaska and the reim- ‘‘(c)(1) The Secretary shall provide for the al- (b) REPORT ELEMENTS.—The report under sub- bursement rates for the provision of health care location of funds for the programs carried out section (a) shall include the following: under the Participating Physician Fee Sched- under this section in a centralized manner. (1) A description of the current cooperation ule; and ‘‘(2) The allocation of funds for such pro- between the Department of Veterans Affairs and (C) assess the effects on health care for vet- grams shall— the Department of Defense in the procurement erans in Alaska of implementing the Partici- ‘‘(A) be based upon an assessment of the need of pharmaceuticals and medical supplies. pating Physician Fee Schedule as a means of for funds conducted by qualified mental health (2) An assessment of the means by which co- calculating reimbursement rates for medical ex- personnel of the Department who oversee such operation between the departments in such pro- penses of veterans located in Alaska under sec- programs; and curement could be enhanced or improved. tion 1728 of title 38, United States Code.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 6333 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10640 CONGRESSIONAL RECORD — SENATE September 8, 1999 SEC. 138. REPEAL OF FOUR-YEAR LIMITATION ON or 2303 of this title by reason of subsection (a)(3) TITLE III—MEMORIAL AFFAIRS TERMS OF UNDER SECRETARY FOR shall be made at the rate of $1 for each dollar Subtitle A—Arlington National Cemetery HEALTH AND UNDER SECRETARY authorized. FOR BENEFITS. ‘‘(2) Paragraph (1) applies to any individual SEC. 301. SHORT TITLE. (a) UNDER SECRETARY FOR HEALTH.—Section whose service is described in subsection (a) and This subtitle may be cited as the ‘‘Arlington 305 is amended— who dies after the date of the enactment of the National Cemetery Burial and Inurnment Eligi- (1) by striking subsection (c); and Veterans Benefits Act of 1999 if the individual, bility Act of 1999’’. (2) by redesignating subsection (d) as sub- on the individual’s date of death— SEC. 302. PERSONS ELIGIBLE FOR BURIAL IN AR- section (c). ‘‘(A) is a citizen of the United States; LINGTON NATIONAL CEMETERY. (b) UNDER SECRETARY FOR BENEFITS.—Section ‘‘(B) is residing in the United States; and (a) IN GENERAL.—(1) Chapter 24 is amended 306 is amended— ‘‘(C) either— by adding at the end the following new section: (1) by striking subsection (c); and ‘‘(i) is receiving compensation under chapter ‘‘§ 2412. Arlington National Cemetery: persons (2) by redesignating subsection (d) as sub- 11 of this title; or eligible for burial section (c). ‘‘(ii) if such service had been deemed to be ac- (c) APPLICABILITY.—The amendments made by ‘‘(a) PRIMARY ELIGIBILITY.—The remains of tive military, naval, or air service, would have subsections (a) and (b) shall take effect on the the following individuals may be buried in Ar- been paid pension under section 1521 of this title date of the enactment of this Act and shall lington National Cemetery: without denial or discontinuance by reason of apply with respect to individuals appointed as ‘‘(1) Any member of the Armed Forces who section 1522 of this title.’’. Under Secretary for Health and Under Sec- dies while on active duty. (b) APPLICABILITY.—No benefits shall accrue retary for Benefits, respectively, on or after that ‘‘(2) Any retired member of the Armed Forces to any person for any period before the date of date. and any person who served on active duty and the enactment of this Act by reason of the at the time of death was entitled (or but for age Subtitle E—Major Medical Facility Projects amendments made by subsection (a). would have been entitled) to retired pay under Construction Authorization SEC. 202. EXTENSION OF AUTHORITY TO MAIN- chapter 1223 of title 10. SEC. 141. AUTHORIZATION OF MAJOR MEDICAL TAIN A REGIONAL OFFICE IN THE ‘‘(3) Any former member of the Armed Forces FACILITY PROJECTS. REPUBLIC OF THE PHILIPPINES. separated for physical disability before October (a) IN GENERAL.—The Secretary of Veterans Section 315(b) is amended by striking ‘‘Decem- 1, 1949, who— Affairs may carry out the following major med- ber 31, 1999’’ and inserting ‘‘December 31, 2004’’. ‘‘(A) served on active duty; and ical facility projects, with each project to be car- SEC. 203. EXTENSION OF ADVISORY COMMITTEE ‘‘(B) would have been eligible for retirement ried out in the amount specified for that project: ON MINORITY VETERANS. under the provisions of section 1201 of title 10 (1) Construction of a long term care facility at Section 544(e) is amended by striking ‘‘Decem- (relating to retirement for disability) had that the Department of Veterans Affairs Medical ber 31, 1999’’ and inserting ‘‘December 31, 2004’’. section been in effect on the date of separation Center, Lebanon, Pennsylvania, in an amount SEC. 204. DEPENDENCY AND INDEMNITY COM- of the member. not to exceed $14,500,000. PENSATION FOR SURVIVING ‘‘(4) Any former member of the Armed Forces (2) Renovations and environmental improve- SPOUSES OF FORMER PRISONERS OF whose last active duty military service termi- ments at the Department of Veterans Affairs WAR. nated honorably and who has been awarded Medical Center, Fargo, North Dakota, in an (a) ELIGIBILITY.—Section 1318(b) is amended— one of the following decorations: amount not to exceed $12,000,000. (1) by striking ‘‘that either—’’ in the matter ‘‘(A) Medal of Honor. (3) Construction of a surgical suite and post- preceding paragraph (1) and inserting ‘‘rated ‘‘(B) Distinguished Service Cross, Air Force anesthesia care unit at the Department of Vet- totally disabling if—’’; and Cross, or Navy Cross. erans Affairs Medical Center, Kansas City, Mis- (2) by adding at the end the following new ‘‘(C) Distinguished Service Medal. souri, in an amount not to exceed $13,000,000. paragraph: ‘‘(D) Silver Star. (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) the veteran was a former prisoner of war ‘‘(E) Purple Heart. (1) IN GENERAL.—There is authorized to be ap- who died after September 30, 1999, and whose ‘‘(5) Any former prisoner of war who dies on propriated to the Secretary of Veterans Affairs disability was continuously rated totally dis- or after November 30, 1993. for fiscal year 2000 for the Construction, Major abling for a period of one year immediately pre- ‘‘(6) The President or any former President. Projects, Account $213,100,000 for the projects ceding death.’’. ‘‘(7) Any former member of the Armed Forces authorized in subsection (a) and for the con- (b) CONFORMING AMENDMENTS.—Such section whose last discharge or separation from active tinuation of projects authorized in section 701(a) is further amended— duty was under honorable conditions and who of the Veterans Programs Enhancement Act of (1) in paragraph (1)— is or was one of the following: 1998 (Public Law 105–368; 112 Stat. 3348). (A) by inserting ‘‘the disability’’ after ‘‘(1)’’; ‘‘(A) Vice President. (2) LIMITATION ON FISCAL YEAR 2000 and ‘‘(B) Member of Congress. PROJECTS.—The projects authorized in sub- (B) by striking ‘‘or’’ after ‘‘death;’’; and ‘‘(C) Chief Justice or Associate Justice of the section (a) may only be carried out using— (2) in paragraph (2)— Supreme Court. (A) funds appropriated for fiscal year 2000 (A) by striking ‘‘if so rated for a lesser period, ‘‘(D) The head of an Executive department (as pursuant to the authorizations of appropria- was so rated continuously’’ and inserting ‘‘the such departments are listed in section 101 of title tions in subsection (a); disability was continuously rated totally dis- 5). (B) funds appropriated for Construction, abling’’; and ‘‘(E) An individual who served in the foreign Major Projects, for a fiscal year before fiscal (B) by striking the period at the end and in- or national security services, if such individual year 2000 that remain available for obligation; serting ‘‘; or’’. died as a result of a hostile action outside the and SEC. 205. REPEAL OF LIMITATION ON PAYMENTS United States in the course of such service. (C) funds appropriated for Construction, OF BENEFITS TO INCOMPETENT IN- ‘‘(8) Any individual whose eligibility is au- Major Projects, for fiscal year 2000 for a cat- STITUTIONALIZED VETERANS. thorized in accordance with subsection (b). egory of activity not specific to a project. Section 5503 is amended— ‘‘(b) ADDITIONAL AUTHORIZATIONS OF BUR- VAILABILITY OF UNDS FOR ISCAL EAR (c) A F F Y (1) by striking subsections (b) and (c); and IAL.—(1) In the case of a former member of the 1999 PROJECTS.—Section 703(b)(1) of the Vet- (2) by redesignating subsections (d), (e), and Armed Forces not otherwise covered by sub- erans Programs Enhancement Act of 1998 (112 (f) as subsections (b), (c), and (d), respectively. section (a) whose last discharge or separation Stat. 3349) is amended— SEC. 206. CLARIFICATION OF VETERANS EMPLOY- from active duty was under honorable condi- (1) by redesignating subparagraphs (B) and MENT OPPORTUNITIES. tions, if the Secretary of Defense makes a deter- (C) as subparagraphs (C) and (D), respectively; (a) CLARIFICATION.—Section 3304(f) of title 5, mination referred to in paragraph (3) with re- and United States Code, is amended— spect to such member, the Secretary of Defense (2) by inserting after subparagraph (A) the (1) by striking paragraph (4); may authorize the burial of the remains of such following new subparagraph (B): (2) by redesignating paragraphs (2) and (3) as former member in Arlington National Cemetery ‘‘(B) funds appropriated for fiscal year 2000 paragraphs (3) and (4), respectively; and under subsection (a)(8). pursuant to the authorization of appropriations (3) by inserting after paragraph (1) the fol- ‘‘(2) In the case of any individual not other- in section 341(b)(1) of the Veterans Benefits Act lowing new paragraph (2): wise covered by subsection (a) or paragraph (1), of 1999;’’. ‘‘(2) If selected, a preference eligible or vet- if the President makes a determination referred TITLE II—BENEFITS MATTERS eran described in paragraph (1) shall acquire to in paragraph (3) with respect to such indi- SEC. 201. PAYMENT RATE OF CERTAIN BURIAL competitive status and shall receive a career or vidual, the President may authorize the burial BENEFITS FOR CERTAIN FILIPINO career-conditional appointment, as appro- of the remains of such individual in Arlington VETERANS. priate.’’. National Cemetery under subsection (a)(8). (a) PAYMENT RATE.—Section 107 is amended— (b) EFFECTIVE DATE.—The amendments made ‘‘(3) A determination referred to in paragraph (1) in subsection (a), by striking ‘‘Payments’’ by subsection (a) shall take effect as if included (1) or (2) is a determination that the acts, serv- and inserting ‘‘Subject to subsection (c), pay- in the amendment made to section 3304 of title 5, ice, or other contributions to the Nation of the ments’’; and United States Code, by section 2 of the Veterans former member or individual concerned are of (2) by adding at the end the following: Employment Opportunities Act of 1998 (Public equal or similar merit to the acts, service, or ‘‘(c)(1) In the case of an individual described Law 105–339; 112 Stat. 3182), to which such other contributions to the Nation of any of the in paragraph (2), payments under section 2302 amendments relate. persons listed in subsection (a).

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‘‘(4)(A) In the case of an authorization for ‘‘(e) DISABLED ADULT UNMARRIED CHIL- SEC. 303. PERSONS ELIGIBLE FOR PLACEMENT IN burial under this subsection, the President or DREN.—In the case of an unmarried adult child THE COLUMBARIUM IN ARLINGTON the Secretary of Defense, as the case may be, who is incapable of self-support up to the time NATIONAL CEMETERY. shall submit to the Committees on Veterans’ Af- of death because of a physical or mental condi- (a) IN GENERAL.—(1) Chapter 24 is amended fairs of the Senate and the House of Representa- tion, the child may be buried under subsection by adding after section 2412, as added by section tives a report on the authorization not later (c) without requirement for approval by the Su- 302(a)(1) of this Act, the following new section: than 72 hours after the authorization. perintendent under that subsection if the burial ‘‘§ 2413. Arlington National Cemetery: persons ‘‘(B) Each report under subparagraph (A) is in the same gravesite as the gravesite in eligible for placement in columbarium shall— which the parent, who is eligible for burial ‘‘(a) ELIGIBILITY.—The cremated remains of ‘‘(i) identify the individual authorized for under subsection (a), has been or will be buried. the following individuals may be placed in the burial; and ‘‘(f) FAMILY MEMBERS OF PERSONS BURIED IN columbarium in Arlington National Cemetery: ‘‘(ii) provide a justification for the authoriza- A GROUP GRAVESITE.—In the case of a person el- ‘‘(1) A person eligible for burial in Arlington tion for burial. igible for burial under subsection (a) who is bur- National Cemetery under section 2412 of this ‘‘(5)(A) In the case of an authorization for ied in Arlington National Cemetery as part of a title. burial under this subsection, the President or group burial, the surviving spouse, minor child, ‘‘(2)(A) A veteran whose last period of active the Secretary of Defense, as the case may be, or unmarried adult child of the member may not duty service (other than active duty for train- shall publish in the Federal Register a notice of be buried in the group gravesite. ing) ended honorably. the authorization as soon as practicable after ‘‘(g) EXCLUSIVE AUTHORITY FOR BURIAL IN ‘‘(B) The spouse, surviving spouse, minor the authorization. ARLINGTON NATIONAL CEMETERY.—Eligibility child, and, at the discretion of the Super- ‘‘(B) Each notice under subparagraph (A) for burial of remains in Arlington National Cem- intendent of Arlington National Cemetery, un- shall— etery prescribed under this section is the exclu- married adult child of such a veteran. ‘‘(i) identify the individual authorized for ‘‘(b) SPOUSE.—Section 2412(d) of this title burial; and sive eligibility for such burial. ‘‘(h) APPLICATION FOR BURIAL.—A request for shall apply to a spouse under this section in the ‘‘(ii) provide a justification for the authoriza- same manner as it applies to a spouse under sec- tion for burial. burial of remains of an individual in Arlington National Cemetery made before the death of the tion 2412 of this title.’’. ‘‘(c) ELIGIBILITY OF FAMILY MEMBERS.—The (2) The table of sections at the beginning of individual may not be considered by the Sec- remains of the following individuals may be bur- chapter 24 is amended by adding after section retary of the Army, the Secretary of Defense, or ied in Arlington National Cemetery: 2412, as added by section 302(a)(2) of this Act, ‘‘(1)(A) Except as provided in subparagraph any other responsible official. the following new item: (B), the spouse, surviving spouse, minor child, ‘‘(i) REGISTER OF BURIED INDIVIDUALS.—(1) and, at the discretion of the Superintendent, The Secretary of the Army shall maintain a reg- ‘‘2413. Arlington National Cemetery: persons eli- unmarried adult child of a person listed in sub- ister of each individual buried in Arlington Na- gible for placement in columba- section (a), but only if buried in the same tional Cemetery and shall make such register rium.’’. gravesite as that person. available to the public. (b) EFFECTIVE DATE.—Section 2413 of title 38, ‘‘(B) In a case under subparagraph (A) in ‘‘(2) With respect to each such individual bur- United States Code, as added by subsection (a), which the same gravesite may not be used due ied on or after January 1, 1998, the register shall shall apply with respect to individuals dying on to insufficient space, a person otherwise eligible include a brief description of the basis of eligi- or after the date of the enactment of this Act. under that subparagraph may be interred in a bility of the individual for burial in Arlington Subtitle B—World War II Memorial gravesite adjoining the gravesite of the person National Cemetery. SEC. 311. SHORT TITLE. listed in subsection (a) if space in such adjoin- ‘‘(j) DEFINITIONS.—For purposes of this sec- This subtitle may be cited as the ‘‘World War ing gravesite had been reserved for the burial of tion: II Memorial Completion Act’’. such person otherwise eligible under that sub- ‘‘(1) The term ‘retired member of the Armed SEC. 312. FUND RAISING BY AMERICAN BATTLE paragraph before January 1962. Forces’ means— MONUMENTS COMMISSION FOR ‘‘(2)(A) The spouse, minor child, and, at the ‘‘(A) any member of the Armed Forces on a re- WORLD WAR II MEMORIAL. discretion of the Superintendent, unmarried tired list who served on active duty and who is (a) CODIFICATION OF EXISTING AUTHORITY; adult child of a member of the Armed Forces on entitled to retired pay; EXPANSION OF AUTHORITY.—(1) Chapter 21 of active duty if such spouse, minor child, or un- ‘‘(B) any member of the Fleet Reserve or Fleet title 36, United States Code, is amended by add- married adult child dies while such member is Marine Corps Reserve who served on active duty ing at the end the following new section: on active duty. and who is entitled to retainer pay; and ‘‘§ 2113. World War II memorial in the District ‘‘(B) The individual whose spouse, minor ‘‘(C) any member of a reserve component of of Columbia child, and unmarried adult child is eligible the Armed Forces who has served on active duty ‘‘(a) DEFINITIONS.—In this section: under subparagraph (A), but only if buried in and who has received notice from the Secretary ‘‘(1) The term ‘World War II memorial’ means the same gravesite as the spouse, minor child, or concerned under section 12731(d) of title 10 of the memorial authorized by Public Law 103–32 unmarried adult child. eligibility for retired pay under chapter 1223 of (107 Stat. 90) to be established by the American ‘‘(3) The parents of a minor child or unmar- title 10. Battle Monuments Commission on Federal land ried adult child whose remains, based on the eli- ‘‘(2) The term ‘former member of the Armed in the District of Columbia or its environs to gibility of a parent, are already buried in Ar- Forces’ includes a person whose service is con- honor members of the Armed Forces who served lington National Cemetery, but only if buried in sidered active duty service pursuant to a deter- in World War II and to commemorate the par- the same gravesite as that minor child or un- mination of the Secretary of Defense under sec- ticipation of the United States in that war. married adult child. tion 401 of Public Law 95–202 (38 U.S.C. 106 ‘‘(2) The term ‘Commission’ means the Amer- ‘‘(4)(A) Subject to subparagraph (B), the sur- note). ican Battle Monuments Commission. viving spouse, minor child, and, at the discre- ‘‘(3) The term ‘Superintendent’ means the Su- ‘‘(3) The term ‘memorial fund’ means the fund tion of the Superintendent, unmarried adult perintendent of Arlington National Cemetery.’’. created by subsection (c). child of a member of the Armed Forces who was (2) The table of sections at the beginning of ‘‘(b) SOLICITATION AND ACCEPTANCE OF CON- lost, buried at sea, or officially determined to be chapter 24 is amended by adding at the end the TRIBUTIONS.—Consistent with the authority of permanently absent in a status of missing or following new item: the Commission under section 2103(e) of this missing in action. title, the Commission shall solicit and accept ‘‘2412. Arlington National Cemetery: persons eli- ‘‘(B) A person is not eligible under subpara- contributions for the World War II memorial. gible for burial.’’. graph (A) if a memorial to honor the memory of ‘‘(c) CREATION OF MEMORIAL FUND.—(1) (b) PUBLICATION OF UPDATED PAMPHLET.— the member is placed in a cemetery in the na- There is hereby created in the Treasury a fund Not later than 180 days after the date of enact- tional cemetery system, unless the memorial is for the World War II memorial, which shall con- ment of this Act, the Secretary of the Army shall removed. A memorial removed under this sub- sist of the following: paragraph may be placed, at the discretion of publish an updated pamphlet describing eligi- ‘‘(A) Amounts deposited, and interest and pro- the Superintendent, in Arlington National Cem- bility for burial in Arlington National Cemetery. ceeds credited, under paragraph (2). etery. The pamphlet shall reflect the provisions of sec- ‘‘(B) Obligations obtained under paragraph ‘‘(5) The surviving spouse, minor child, and, tion 2412 of title 38, United States Code, as (3). at the discretion of the Superintendent, unmar- added by subsection (a). ‘‘(C) The amount of surcharges paid to the ried adult child of a member of the Armed (c) TECHNICAL AMENDMENTS.—Section 2402(7) Commission for the World War II memorial Forces buried in a cemetery under the jurisdic- is amended— under the World War II 50th Anniversary Com- tion of the American Battle Monuments Com- (1) by inserting ‘‘(or but for age would have memorative Coins Act. mission. been entitled)’’ after ‘‘was entitled’’; ‘‘(D) Amounts borrowed using the authority ‘‘(d) SPOUSES.—For purposes of subsection (2) by striking ‘‘chapter 67’’ and inserting provided under subsection (e). (c)(1), a surviving spouse of a person whose re- ‘‘chapter 1223’’; and ‘‘(E) Any funds received by the Commission mains are buried in Arlington National Ceme- (3) by striking ‘‘or would have been entitled under section 2103(l) of this title in exchange for tery by reason of eligibility under subsection (a) to’’ and all that follows and inserting a period. use of, or the right to use, any mark, copyright who has remarried is eligible for burial in the (d) EFFECTIVE DATE.—Section 2412 of title 38, or patent. same gravesite of that person. The spouse of the United States Code, as added by subsection (a), ‘‘(2) The Chairman of the Commission shall surviving spouse is not eligible for burial in such shall apply with respect to individuals dying on deposit in the memorial fund the amounts ac- gravesite. or after the date of the enactment of this Act. cepted as contributions under subsection (b).

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 6333 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10642 CONGRESSIONAL RECORD — SENATE September 8, 1999 The Secretary of the Treasury shall credit to the from the Treasury under subsection (e) as funds ‘‘(A) reflect unfavorably on the ability of the memorial fund the interest on, and the proceeds available to complete construction of the memo- Commission, or any employee of the Commis- from sale or redemption of, obligations held in rial, whether or not the Commission has actu- sion, to carry out the responsibilities or official the memorial fund. ally exercised the authority to borrow such duties of the Commission in a fair and objective ‘‘(3) The Secretary of the Treasury shall in- funds. manner; or vest any portion of the memorial fund that, as ‘‘(g) VOLUNTARY SERVICES.—(1) Notwith- ‘‘(B) compromise the integrity or the appear- determined by the Chairman of the Commission, standing section 1342 of title 31, the Commission ance of the integrity of the programs of the is not required to meet current expenses. Each may accept from any person voluntary services Commission or any official involved in those investment shall be made in an interest bearing to be provided in furtherance of the fund-rais- programs.’’. obligation of the United States or an obligation ing activities of the Commission relating to the SEC. 314. INTELLECTUAL PROPERTY AND RE- guaranteed as to principal and interest by the World War II memorial. LATED ITEMS. United States that, as determined by the Chair- ‘‘(2) A person providing voluntary services Section 2103 of title 36, United States Code, is under this subsection shall be considered to be a man of the Commission, has a maturity suitable amended by adding at the end the following Federal employee for purposes of chapter 81 of for the memorial fund. new subsection: title 5, relating to compensation for work-related ‘‘(d) USE OF MEMORIAL FUND.—The memorial ‘‘(l) INTELLECTUAL PROPERTY AND RELATED injuries, and chapter 171 of title 28, relating to fund shall be available to the Commission for— ITEMS.—(1) The Commission may— tort claims. A volunteer who is not otherwise ‘‘(1) the expenses of establishing the World ‘‘(A) adopt, use, register, and license trade- employed by the Federal Government shall not War II memorial, including the maintenance marks, service marks, and other marks; be considered to be a Federal employee for any and preservation amount provided for in section ‘‘(B) obtain, use, register, and license the use other purpose by reason of the provision of such 8(b) of the Commemorative Works Act (40 U.S.C. of copyrights consistent with section 105 of title voluntary service, except that any volunteers 1008(b)); 17; ‘‘(2) such other expenses, other than routine given responsibility for the handling of funds or the carrying out of a Federal function are sub- ‘‘(C) obtain, use, and license patents; and maintenance, with respect to the World War II ‘‘(D) accept gifts of marks, copyrights, patents memorial as the Commission considers war- ject to the conflict of interest laws contained in chapter 11 of title 18, and the administrative and licenses for use by the Commission. ranted; and ‘‘(2) The Commission may grant exclusive and ‘‘(3) to secure, obtain, register, enforce, pro- standards of conduct contained in part 2635 of nonexclusive licenses in connection with any tect, and license any mark, copyright or patent title 5, Code of Federal Regulations. mark, copyright, patent, or license for the use of that is owned by, assigned to, or licensed to the ‘‘(3) The Commission may provide for reim- such mark, copyright or patent, except to extent Commission under section 2103(l) of this title to bursement of incidental expenses which are in- the grant of such license by the Commission aid or facilitate the construction of the World curred by a person providing voluntary services would be contrary to any contract or license by War II memorial. under this subsection. The Commission shall de- which the use of such mark, copyright or patent ‘‘(e) SPECIAL BORROWING AUTHORITY.—(1) To termine which expenses are eligible for reim- assure that groundbreaking, construction, and bursement under this paragraph. was obtained. dedication of the World War II memorial are ‘‘(4) Nothing in this subsection shall be con- ‘‘(3) The Commission may enforce any mark, completed on a timely basis, the Commission strued to require Federal employees to work copyright, or patent by an action in the district may borrow money from the Treasury of the without compensation or to allow the use of vol- courts under any law providing for the protec- United States in such amounts as the Commis- unteer services to displace or replace Federal tion of such marks, copyrights, or patents. sion considers necessary, but not to exceed a employees. ‘‘(4) The Attorney General shall furnish the ‘‘(h) TREATMENT OF CERTAIN CONTRACTS.—A total of $65,000,000. Borrowed amounts shall Commission with such legal representation as contract entered into by the Commission for the bear interest at a rate determined by the Sec- the Commission may require under paragraph design or construction of the World War II me- retary of the Treasury, taking into consider- (3). The Secretary of Defense shall provide rep- morial is not a funding agreement as that term ation the average market yield on outstanding resentation for the Commission in administrative is defined in section 201 of title 35. marketable obligations of the United States of proceedings before the Patent and Trademark ‘‘(i) EXTENSION OF AUTHORITY TO ESTABLISH comparable maturities during the month pre- Office and Copyright Office. MEMORIAL.—Notwithstanding section 10 of the ‘‘(5) Section 203 of title 17 shall not apply to ceding the month in which the obligations of the Commemorative Works Act (40 U.S.C. 1010), the Commission are issued. The interest payments any copyright transferred in any manner to the legislative authorization for the construction of Commission.’’. on such obligations may be deferred with the the World War II memorial contained in Public TITLE IV—UNITED STATES COURT OF approval of the Secretary of the Treasury, but Law 103–32 (107 Stat. 90) shall not expire until APPEALS FOR VETERANS CLAIMS any interest payment so deferred shall also bear December 31, 2005.’’. interest. (2) The table of sections at the beginning of SEC. 401. TEMPORARY SERVICE OF CERTAIN ‘‘(2) The borrowing of money by the Commis- chapter 21 of title 36, United States Code, is JUDGES OF UNITED STATES COURT sion under paragraph (1) shall be subject to amended by adding at the end the following OF APPEALS FOR VETERANS CLAIMS UPON EXPIRATION OF THEIR TERMS such maturities, terms, and conditions as may new item: be agreed upon by the Commission and the Sec- OR RETIREMENT. ‘‘2113. World War II memorial in the District of retary of the Treasury, except that the matu- (a) AUTHORITY FOR TEMPORARY SERVICE.—(1) Columbia.’’. rities may not exceed 20 years and such bor- Notwithstanding subsection (c) of section 7253 of (b) CONFORMING AMENDMENTS.—Public Law title 38, United States Code, and subject to the rowings may be redeemable at the option of the 103–32 (107 Stat. 90) is amended by striking sec- Commission before maturity. provisions of this section, a judge of the Court tions 3, 4, and 5. whose term on the Court expires in 2004 or 2005 ‘‘(3) The obligations of the Commission shall (c) EFFECT OF REPEAL OF CURRENT MEMORIAL and completes such term, or who retires from the be issued in amounts and at prices approved by FUND.—Upon the date of the enactment of this Court under section 7296(b)(1) of such title, may the Secretary of the Treasury. The authority of Act, the Secretary of the Treasury shall transfer continue to serve on the Court after the expira- the Commission to issue obligations under this amounts in the fund created by section 4(a) of tion of the judge’s term or retirement, as the subsection shall remain available without fiscal Public Law 103–32 (107 Stat. 91) to the fund cre- case may be, without reappointment for service year limitation. The Secretary of the Treasury ated by section 2113 of title 36, United States on the Court under such section 7253. shall purchase any obligations of the Commis- Code, as added by subsection (a). sion to be issued under this subsection, and for (2) A judge may continue to serve on the SEC. 313. GENERAL AUTHORITY OF AMERICAN Court under paragraph (1) only if the judge such purpose the Secretary of the Treasury may BATTLE MONUMENTS COMMISSION use as a public debt transaction of the United TO SOLICIT AND RECEIVE CON- submits to the chief judge of the Court written States the proceeds from the sale of any securi- TRIBUTIONS. notice of an election to so serve 30 days before ties issued under chapter 31 of title 31. The pur- Subsection (e) of section 2103 of title 36, the earlier of— poses for which securities may be issued under United States Code, is amended to read as fol- (A) the expiration of the judge’s term on the such chapter are extended to include any pur- lows: Court as described in that paragraph; or chase of the Commission’s obligations under this ‘‘(e) SOLICITATION AND RECEIPT OF CONTRIBU- (B) the date on which the judge meets the age subsection. TIONS.—(1) The Commission may solicit and re- and service requirements for eligibility for retire- ‘‘(4) Repayment of the interest and principal ceive funds and in-kind donations and gifts ment set forth in section 7296(b)(1) of such title. on any funds borrowed by the Commission from any State, municipal, or private source to (3) The total number of judges serving on the under paragraph (1) shall be made from carry out the purposes of this chapter. The Court at any one time, including the judges amounts in the memorial fund. The Commission Commission shall deposit such funds in a sepa- serving under this section, may not exceed 7. may not use for such purpose any funds appro- rate account in the Treasury. Funds from this (b) PERIOD OF TEMPORARY SERVICE.—(1) The priated for any other activities of the Commis- account shall be disbursed upon vouchers ap- service of a judge on the Court under this sec- sion. proved by the Chairman of the Commission as tion may continue until the earlier of— ‘‘(f) TREATMENT OF BORROWING AUTHORITY.— well as by a Federal official authorized to sign (A) the date that is 30 days after the date on In determining whether the Commission has suf- payment vouchers. which the chief judge of the Court submits to ficient funds to complete construction of the ‘‘(2) The Commission shall establish written the President and Congress a written certifi- World War II memorial, as required by section 8 guidelines setting forth the criteria to be used in cation based on the projected caseload of the of the Commemorative Works Act (40 U.S.C. determining whether the acceptance of funds Court that the work of the Court can be per- 1008), the Secretary of the Interior shall con- and in-kind donations and gifts under para- formed in a timely and efficient manner by sider the funds that the Commission may borrow graph (1) would— judges of the Court under this section who are

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 6333 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10643 senior on the Court to the judge electing to con- (2) The service as a judge of the Court under (A) not later than one year before the date of tinue to provide temporary service under this this section of a person paid salary under sub- retirement of the judge concerned from the section or without judges under this section; or section (d)(1)(B) shall constitute creditable serv- Court; or (B) the date on which the person appointed to ice of the person toward retirement under sub- (B) in the case of a judge whose retirement the position on the Court occupied by the judge chapter V of chapter 72 of title 38, United States from the Court will occur less than one year under this section is qualified for the position. Code, or subchapter III of chapter 83 or sub- after the date of the enactment of this Act, not (2) Subsections (f) and (g) of section 7253 of chapter II of chapter 84 of title 5, United States title 38, United States Code, shall apply with re- later than 30 days after the date of the enact- Code, as applicable. ment of this Act. spect to the service of a judge on the Court (f) ELIGIBILITY FOR ADDITIONAL SERVICE.— under this section. The service of a person as a judge of the Court (e) DATE OF PAYMENT.—A voluntary separa- (c) TEMPORARY SERVICE IN OTHER POSI- under this section shall not affect the eligibility tion incentive payment may be paid to a judge TIONS.—(1) If on the date that the person ap- of the person for appointment to an additional of the Court under this section only upon the pointed to the position on the Court occupied by term or terms on the Court, whether in the posi- retirement of the judge from the Court. a judge under this section is qualified another tion occupied by the person under this section (f) TREATMENT OF PAYMENT.—A voluntary position on the Court is vacant, the judge may or in another position on the Court. separation incentive payment paid to a judge serve in such other position under this section. (g) TREATMENT OF PARTY MEMBERSHIP.—For under this section shall not be treated as pay for (2) If two or more judges seek to serve in a po- purposes of determining compliance with the purposes of contributions for or on behalf of the sition on the Court in accordance with para- last sentence of section 7253(b) of title 38, United judge to retired pay or a retirement or other an- graph (1), the judge senior in service on the States Code, the party membership of a judge nuity under subchapter V of chapter 72 of title Court shall serve in the position under that serving on the Court under this section shall not 38, United States Code. paragraph. be taken into account. (d) COMPENSATION.—(1) Notwithstanding any (g) ELIGIBILITY FOR TEMPORARY SERVICE ON other provision of law, a person whose service SEC. 402. MODIFIED TERMS FOR CERTAIN COURT.—A judge seeking payment of a vol- as a judge of the Court continues under this sec- JUDGES OF UNITED STATES COURT untary separation incentive payment under this OF APPEALS FOR VETERANS CLAIMS. tion shall be paid for the period of service under section may serve on the Court under section 401 (a) MODIFIED TERMS.—Notwithstanding sec- this section an amount as follows: if eligible for such service under that section. (A) In the case of a person eligible to receive tion 7253(c) of title 38, United States Code, the (h) SOURCE OF PAYMENTS.—Amounts for vol- retired pay under subchapter V of chapter 72 of term of any judge of the Court who is appointed to a position on the Court that becomes vacant untary separation incentive payments under title 38, United States Code, or a retirement an- this section shall be derived from amounts avail- nuity under subchapter III of chapter 83 or sub- in 2004 shall be 13 years. (b) ELIGIBILITY FOR RETIREMENT.—(1) For able for payment of salaries and benefits of chapter II of chapter 84 of title 5, United States judges of the Court. Code, as applicable, an amount equal to one- purposes of determining the eligibility to retire half of the amount of the current salary payable under section 7296 of title 38, United States (i) EXPIRATION OF AUTHORITY.—A voluntary to a judge of the Court under chapter 72 of title Code, of a judge appointed as described in sub- separation incentive payment may not be paid 38, United States Code, having a status on the section (a)— under this section to a judge who retires from (A) the age and service requirements in the Court equivalent to the highest status on the the Court after December 31, 2002. table in paragraph (2) shall apply to the judge Court attained by the person. SEC. 404. DEFINITION. (B) In the case of a person not eligible to re- instead of the age and service requirements in ceive such retired pay or such retirement annu- the table in subsection (b)(1) of that section that In this title, the term ‘‘Court’’ means the ity, an amount equal to the amount of current would otherwise apply to the judge; and United States Court of Appeals for Veterans salary payable to a judge of the Court under (B) the minimum years of service applied to Claims. such chapter 72 having a status on the Court the judge for eligibility to retire under the first Amend the title so as to read: ‘‘A bill To equivalent to the highest status on the Court at- sentence of subsection (b)(2) of that section shall amend title 38, United States Code, to en- tained by the person. be 13 years instead of 15 years. hance programs providing health care and (2) The age and service requirements in this (2) Amounts paid under this subsection to a other benefits for veterans, to authorize paragraph are as follows: person described in paragraph (1)(A)— major medical facility projects, to reform (A) shall not be treated as— The judge has attained And the years of service as eligibility for burial in Arlington National age: a judge are at least (i) compensation for employment with the Cemetery, and for other purposes.’’. United States for purposes of section 7296(e) of 65 ...... 13 title 38, United States Code, or any provision of 66 ...... 13 AMENDMENT NO. 1622 67 ...... 13 title 5, United States Code, relating to the re- (Purpose: To improve the provisions relating ceipt or forfeiture of retired pay or retirement 68 ...... 12 69 ...... 11 to long-term health care for veterans and annuities by a person accepting compensation for other purposes) for employment with the United States; or 70 ...... 10 (ii) pay for purposes of deductions or con- SEC. 403. TEMPORARY AUTHORITY FOR VOL- Mr. BROWNBACK. Senators ROCKE- tributions for or on behalf of the person to re- UNTARY SEPARATION INCENTIVES FELLER and SPECTER have an amend- tired pay under subchapter V of chapter 72 of FOR CERTAIN JUDGES ON UNITED ment at the desk, and I ask for its im- title 38, United States Code, or under chapter 83 STATES COURT OF APPEALS FOR mediate consideration. or 84 of title 5, United States Code, as applica- VETERANS CLAIMS. ble; but (a) TEMPORARY AUTHORITY.—A voluntary The PRESIDING OFFICER. The (B) may, at the election of the person, be separation incentive payment may be paid in clerk will report. treated as pay for purposes of deductions or accordance with this section to any judge of the contributions for or on behalf of the person to a Court described in subsection (c). The legislative clerk read as follows: retirement or other annuity, or both, under sub- (b) AMOUNT OF INCENTIVE PAYMENT.—The The Senator from Kansas [Mr. BROWN- chapter V of chapter 72 of title 38, United States amount of a voluntary separation incentive BACK], for Mr. ROCKEFELLER and Mr. SPEC- Code, or under chapter 83 or 84 of title 5, United payment paid to a judge under this section shall TER, proposes an amendment numbered 1622. States Code, as applicable. be $25,000. (3) Amounts paid under this subsection to a (c) COVERED JUDGES.—A voluntary separation (The text of the amendment is print- person described in paragraph (1)(B) shall be incentive payment may be paid under this sec- ed in today’s RECORD under ‘‘Amend- treated as pay for purposes of deductions or tion to any judge of the Court who— ments Submitted.’’) contributions for or on behalf of the person to (1) meets the age and service requirements for retired pay or a retirement or other annuity retirement set forth in section 7296(b)(1) of title Mr. SPECTER. Madam President, as under subchapter V of chapter 72 of title 38, 38, United States Code, as of the date on which chairman of the Senate Committee on United States Code, or under chapter 83 or 84 of the judge retires from the Court; Veterans’ Affair, I am pleased to report title 5, United States Code, as applicable. (2) submits a notice of an intent to retire in to the Senate on the features of S. 1076, (4) Amounts paid under this subsection shall accordance with subsection (d); and the ‘‘Veterans Benefits Act of 1999,’’ as be derived from amounts available for payment (3) retires from the Court under that section amended. This is a very important bill, of salaries and benefits of judges of the Court. not later than 30 days after the date on which and I direct the Senate’s attention to (e) CREDITABLE SERVICE.—(1) The service as a the judge meets such age and service require- judge of the Court under this section of a person ments. some of its more salient features. who makes an election provided for under sub- (d) NOTICE OF INTENT TO RETIRE.—(1) A judge As is explained in detail in the Com- section (d)(2)(B) shall constitute creditable serv- of the Court seeking payment of a voluntary mittee Report which accompanies this ice toward the judge’s years of judicial service separation incentive payment under this section legislation, S. 1076 would improve and for purposes of section 7297 of title 38, United shall submit to the President and Congress a enhance the ability of the Department States Code, with such service creditable at a timely notice of an intent to retire from the rate equal to the rate at which such service Court, together with a request for payment of of Veterans Affairs (VA) to address a would be creditable for such purposes if served the voluntary separation incentive payment. variety of the needs of the Nation’s by a judge of the Court under chapter 72 of that (2) A notice shall be timely submitted under veterans. It would enhance VA’s ability title. paragraph (1) only if submitted— to provide long term care services to

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10644 CONGRESSIONAL RECORD — SENATE September 8, 1999 aging veterans, and housing, training ate for its attention to the needs of the pite care; palliative and end-of-life and other services to homeless vet- Nation’s veterans. care; and homemaker or home health erans. It would extend VA programs to Mr. ROCKEFELLER. Madam Presi- care aide visits. Veterans would have provide outreach and medical moni- dent, as ranking member of the Senate unfettered access to these needed and toring services to Persian Gulf War Committee on Veterans’ Affairs, I am cost-effective long-term care services. veterans and their families. It would pleased to support this comprehensive Second, S. 1076, as amended, would improve and expand VA’s authority to bill, which would make valuable add clear authority for VA to furnish enter into ‘‘enhanced use leases’’— changes to a wide range of veterans’ assisted living services, including to leases which permit VA to more effec- benefits and services. the spouses of veterans. VA already tively manage its large and costly in- The bill we consider today, S. 1076, furnishes a form of assisted living serv- frastructure—and it would authorize the Veterans Benefits Act of 1999, ad- ices through its domiciliary care pro- needed construction projects. Further, dresses many initiatives—from ensur- gram, but the provisions in the bill S. 1076 would improve benefits provided ing that the surviving spouses of ex- would provide express authority to fur- to institutionalized veterans, to the POW’s will be provided for com- nish this modality of care to older vet- survivors of former prisoners of war, pensated to furnishing job training to erans within the confines of a dem- and to certain Filipino veterans. Fi- homeless veterans. I will mention here onstration project at a Veterans Inte- nally, it would clarify and codify only a few of the issues which are of grated Service Network. standards governing burial in Arling- particular interest to me. The Report of the Federal Advisory ton National Cemetery and provide The first is long-term care for vet- Committee on the Future of VA Long- statutory authority needed to permit erans. Term Care specifically notes that while the timely construction in Washington S. 1076, as amended, represents a many state programs are moving in the of a World War II Memorial. comprehensive effort to address the direction of assisted living—to cut One matter that has not yet been re- long-term care needs of our veterans. costs and to provide the most appro- solved prior to the reporting of this Title I includes provisions based on the priate level of care—VA cannot do so. bill—how proposed pilot programs to ‘‘Veterans’ Long-Term Care Enhance- The results of the demonstration provide long term care and assisted liv- ment Act of 1999,’’ which I introduced project will provide VA and Congress ing services to veterans ought to be earlier in the session. In my view, we with a rational basis from which to structured—merits explanation now. must take a first step to reach out to proceed to authorize assisted living for The Ranking Minority Member of the veterans who presently need long-term all veterans. Committee, Senator Rockefeller, and I care services, or will in the future. I Third, VA would be mandated to have now resolved that matter and our am glad that we have done so. carry out a series of pilot programs, agreement is reflected in an amend- At the outset, I want to say that my over a period of 3 years, which would be ment to the bill that we offer jointly wish would be for VA to provide long- designed to gauge the best way for VA today. As amended, S. 1076 would in- term care to all veterans who need and to meet veterans’ long-term care struct VA to initiate pilot programs to want it. While the provisions now in- needs—either directly, through cooper- provide veterans long term care and as- cluded in S. 1076 are only one step to- ative arrangements with community sisted living services. The long term care pilot programs ward determining what VA should be providers, or by purchasing services mandated by this legislation would re- doing to meet the needs of veterans for from non-VA providers. quire that VA—without interrupting long-term care, I believe that it is an While VA has developed significant current services—provide and report on important step in that regard. expertise in long-term care over the long term care services offered in sepa- There is no doubt that demand for past 20-plus years, it has not done so rate VA ‘‘designated health care re- long-term care—for veterans and non- with any mandate to share its learning gions’’ (Veterans Integrated Service veterans alike—is increasing. In the with others, nor has it pushed its pro- Networks or ‘‘VISNs’’ under VA’s cur- Department of Veterans Affairs (VA), gram development beyond that which rent organizational structure) using however, we face an even more pressing met the current needs at the time. three models: an ‘‘in house’’ model; a demand. Some experts even believe that VA’s community-based cooperative model; I am proud of VA’s work in respond- expertise is gradually eroding. and a model representing a hybrid of ing to current demand for long-term For VA’s expertise to be of greatest the VA-staffed and community-based care services. VA has developed geri- use to others, it needs both to better approaches. We hope to demonstrate atric evaluation teams, home-based capture what it has done and to de- that VA can offer the Nation a mean- primary care, and adult day health velop new learning that would be most ingful methodology for managing com- care—all cost-effective ways to assess applicable to other health care enti- prehensive care to an aging clientele, and care for veterans. But to quote ties. Those who would benefit by fur- and identify the model or models by from the Report of the Federal Advi- ther action to develop and capitalize on which such care can be provided most sory Committee on the Future of VA VA’s long-term care expertise include cost-effectively. Long-Term Care, despite VA’s high older veterans, primarily our honored The second pilot program mandated quality and long tradition, ‘‘VA long- World War II veterans; those health or- by this legislation would direct VA to term care is marginalized and unevenly ganizations, including academic medi- develop an appropriate model for fur- funded.’’ cine and research entities, with which nishing assisted living services to vet- There are three key elements to Sub- VA is now connected; and finally, the erans, as recommended by the Federal title A of Title I. The first includes rest of the U.S. health care system, and Advisory Committee on Long Term provisions which clarify that long-term ultimately all Americans who will need Care. This pilot program would em- care is not only nursing home care, and some form of long-term care services. power VA to provide services to aged that existing differences in law be- Each element of the pilot program and disabled veterans in their homes or tween eligibility for institutional long- would establish and carry out a com- in other residential settings to assist term care and other types of care of- prehensive long-term care program, them with their activities of daily liv- fered by VA do not affect VA’s ability with a full array of services, ranging ing—and to assist them in avoiding or to furnish a full array of noninstitu- from inpatient long-term care—in in- deferring more costly hospital or nurs- tional long-term care services. termediate care beds, nursing homes, ing home care. The Ranking Member Specifically, the provision would add and domiciliary care facilities—to and I hope to thrust VA into the fore- ‘‘noninstitutional extended care serv- comprehensive noninstitutional serv- front of this growing and challenging ices’’ to the definition of ‘‘medical ices, which include hospital-based field of health care and foster the de- services,’’ thereby removing any doubt home care, adult day health care, res- velopment of new and cost-effective so- about VA’s authority to furnish such pite care, and other community-base lutions to challenges which all aging services to veterans enrolled in VA interventions. Americans face. care. The term would be defined to in- In each element of the pilot pro- I urge the immediate passage of this clude the following: home-based pri- grams, VA would also be mandated to bill as amended. And I thank the Sen- mary care; adult day health care; res- furnish case management services to

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10645 ensure that veterans participating in ment of PTSD, while expanding its use those veterans who have enrolled with the pilot programs receive the optimal of outpatient programs. VA’s decision VA for their health care. I thank my treatment and placement for services. has been fueled in part by studies of colleague, Senator DASCHLE, for his Preventive health care services, such the cost effectiveness of various treat- leadership on this issue. as screening and patient education, and ment approaches. The potential to While VA provides a very generous a particular focus on end-of-life care stretch limited VA dollars to be able to standard benefits package for all vet- are also emphasized. In my view, VA treat more veterans is appealing. How- erans who are enrolled with the VA for must have ready access to all of these ever, VA needs to be cautious before their health care, enrolled veterans do services. subscribing to the idea that outpatient not have comprehensive emergency Finally, a key purpose of the pilot care is as good as inpatient care for all care. This is a serious gap in coverage program would be to test and evaluate veterans with PTSD. For some of the for veterans, as large and unexpected various approaches to meeting the more seriously affected veterans—who emergency medical care bills can long-term care needs of eligible vet- have not succeeded in shorter inpatient present a significant financial burden. erans, both to develop approaches that or outpatient programs, are homeless That is why I offered this proposal at a could be expanded across VA, as well as or unemployed, or have dual diag- Committee meeting. I am gratified to demonstrate to others outside of VA noses—longer inpatient or bed-based that my colleagues on the Committee the effectiveness and impact of various care may be a necessity. chose to support it. approaches to long-term care. To this Substance use disorders also present Coverage of emergency care services end, the pilot program within S. 1076 complex treatment problems and have for all veterans is supported by the would include specific data collection taken perhaps the hardest hit of all the consortium of veterans services organi- on matters such as cost effectiveness, specialized programs. It is not sur- zations that authored the Independent quality of health care services pro- prising that treatment has shifted from Budget for Fiscal Year 2000—AMVETS, vided, enrollee and health care pro- an emphasis on inpatient to outpatient the Disabled American Veterans, the vider satisfaction, and the ability of care. Some substance use disorder pro- Paralyzed Veterans of America, and participants to carry out basic activi- grams have terminated inpatient treat- the Veterans of Foreign Wars. The con- ties of daily living. ment completely, except for veterans cept is also included in the Administra- I look forward to working with the requiring short detoxifications in ex- tion’s FY 2000 budget request for VA chairman and the members of the Com- treme situations. while some medical and the Consumer Bill of Rights, which mittee on Veterans’ Affairs in the centers have closed inpatient substance President Clinton has directed every House of Representatives to advance use disorder beds, they have worked to federal agency engaged in managing or the cause of long-term care in VA. And provide alternative, sheltered living ar- delivering health care to adopt. I thank Senator SPECTER for his will- rangements. Unfortunately, not all fa- To quote from the Consumer Bill of ingness to undertake these advance- cilities have made these efforts. Many rights: ments in veterans’ long-term care pro- have moved directly to the closure of Consumers have the right to access emer- grams. inpatient units without first devel- gency health care services when and where Another major issue of great interest the need arises. Health plans should provide to me which S. 1076 addresses are spe- oping these other alternatives. Section 132 of S. 1076, as amended, payment when a consumer presents to an cialized mental health services for vet- mandates that the Secretary of Vet- emergency department with acute symptoms erans. of sufficient severity—including severe Last year, I directed my staff on the erans Affairs carry out programs to en- pain—such that a ‘‘prudent layperson’’ could Committee on Veterans’ Affairs to un- hance the provision of specialized men- reasonably expect the absence of medical at- dertake a study of the services the De- tal health services to veterans. The tention to result in placing their health in partment of Veterans Affairs offers to ‘‘Veterans Benefits Act of 1999’’ specifi- serious jeopardy, serious impairment to bod- veterans with special needs. Earlier cally targets services for those af- ily functions, or serious dysfunction of any bodily organ or part. this summer, I released the report my flicted with PTSD and substance use Committee staff wrote based on their 8- disorders. The legislation before us also S. 1076 adopts this ‘‘prudent month oversight investigation, which requires that funding will be available, layperson’’ standard, which is intended sought to determine if VA is complying in a centralized manner, to fund pro- to protect both the veteran and the with a Congressional mandate to main- posals from the Veterans Integrated VA. tain capacity in five of the specialized Service Networks and the individual I look forward to working with my programs: Prosthetics and Sensory facilities to provide specialized mental colleagues on the House Committees on Aids Services, Blind Rehabilitation, health services. Qualified mental Veterans’ Affairs to make this proposal Spinal Cord Injury (SCI), Post-Trau- health personnel at the VA who over- a reality. Through their service to our matic Stress Disorders (PTSD), and see these programs shall conduct an as- country, our veterans have earned Substance Use Disorders. sessment of need for the funds. comprehensive, high quality health In summary, my staff determined I must stress that these provisions care, and that must include emergency that field personnel have just barely are not aimed at rebuilding the tradi- care, as well. been able to maintain the level of serv- tional inpatient infrastructure. In- The final issue contained in S. 1076 ices in the Prosthetics, Blind Rehabili- stead, the focus is on expanding out- to which I wish to draw attention is a tation, and SCI programs, but that the patient and residential treatment fa- provision to improve VA’s enhanced PTSD and substance use disorder pro- cilities, developing better case manage- use lease authority, because I believe it grams are not being maintained in ac- ment, and generally improving the is a critical component of VA’s man- cordance with the mandates in law. Be- availability of services. agement strategy for its property. cause of staff and funding reductions, In my view, VA’s mental health Many terrific projects that better serve and the resulting increases in work- treatment programs, in general, have veterans and assist the VA have been loads and excessive waiting times, the been eroded to the point that veterans developed under this authority. I be- latter two programs are failing to sus- in some areas of the country are suf- lieve it is vital for VA to develop more tain services at the needed levels. fering needlessly. That is why I am so enhanced use lease projects to leverage This is particularly troubling be- pleased that S. 1076 includes provisions its assets, before it begins to dispose of cause from its inception, the Depart- to prompt VA to begin to rebuild some irreplaceable property. I thank Senator ment of Veterans Affairs’ health care of what has been lost. Specter for accepting these provisions. system has developed widely recog- The third major issue of particular Since VA received enhanced use au- nized expertise in providing services to concern to me which S. 1076 addresses thority, it has been used to lease land meet the special needs of veterans with is emergency care for veterans. I am to companies that build nursing homes spinal cord injuries, amputations, very pleased that it includes provisions where VA can place veterans at dis- blindness, and post-traumatic stress drawn directly from the ‘‘Veterans’ Ac- counted rates, resulting in savings of disorder. cess to Emergency Care Act of 1999,’’ millions of dollars. Another use has With specific regard to PTSD, VA has which would authorize VA to cover been to provide transitional housing been moving to reduce inpatient treat- emergency care at non-VA facilities for for homeless veterans. Other projects

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10646 CONGRESSIONAL RECORD — SENATE September 8, 1999 have created reliable child care and sions and to work with Senator SPEC- Sec. 122. Homeless veterans comprehensive adult day care facilities for VA em- TER and me to implement them. Amer- service programs. ployees’ families, so that they can care ica’s veterans deserve nothing less. Sec. 123. Authorizations of appropriations for veterans without having to worry Mr. CLELAND. Mr. President, I am for homeless veterans’ re- integration projects. about the health and safety of their very pleased to endorse S. 1076, the Sec. 124. Report on implementation of Gen- loved ones. In other locations, VA re- Veterans’ Benefit Act of 1999. I want to eral Accounting Office rec- gional offices are moving onto VA med- thank the distinguished Chairman and ommendations regarding per- ical center campuses, resulting in more Ranking Member of the Senate Com- formance measures. convenient access for veterans and bet- mittee on Veterans’ Affairs for all Subtitle D—Other Health Care Provisions ter cooperation between the Veterans their hard work to maintain and en- Sec. 131. Emergency health care in non-De- Benefits Administration and the Vet- hance veterans’ benefits and for includ- partment of Veterans Affairs erans Health Administration. ing the much needed construction ren- facilities for enrolled veterans. Section 111 of S. 1076 would remove ovation at the Atlanta VA Medical Sec. 132. Improvement of specialized mental health services for veterans. many of the current barriers pre- Center. Senators SPECTOR and ROCKE- venting VA from having an even more Sec. 133. Treatment and services for drug or FELLER have provided excellent leader- alcohol dependency. successful enhanced use lease program. ship during these challenging times of Sec. 134. Allocation to Department of Vet- It would allow VA to enter into leases matching current budget levels with erans Affairs health care facili- of up to 55-year terms, rather than the the provision of promised benefits. ties of amounts in Medical Care current 20 and 35 years, while elimi- The Atlanta VA Medical Center ren- Collections Fund. nating the distinction in lease terms ovation will be critical to providing Sec. 135. Extension of certain Persian Gulf that exists between leases involving care for all of our veterans, men and War authorities. new construction or substantial ren- women, in the new millennium. S. 1076 Sec. 136. Report on coordination of procure- ment of pharmaceuticals and ovation, and those involving current proposes other needed benefits in the medical supplies by the Depart- structures. Section 111 would also au- areas of service-connected disability ment of Veterans Affairs and thorize VA to use appropriated funds compensation, health and education, the Department of Defense. from its minor construction account medical facility construction and bur- Sec. 137. Reimbursement of medical ex- for contributions to capital activities ial entitlements. penses of veterans located in in order to secure the best lease terms Again, I salute the work of Senate Alaska. possible. Veterans’ Committee and I am pleased Sec. 138. Repeal of four-year limitation on Current authority for VA to enter terms of Under Secretary for to support S. 1076. Health and Under Secretary for into enhanced use leases is set to ex- Mr. BROWNBACK. I ask unanimous Benefits. pire on December 31, 2001. Projects that consent that the amendment be agreed Subtitle E—Major Medical Facility Projects are currently in development face the to, the committee substitute, as Construction Authorization possibility of negotiations not being amended, be agreed to, the bill be read Sec. 141. Authorization of major medical fa- completed prior to the expiration date. a third time and passed, the title cility projects. Therefore, S. 1076 extends VA’s author- amendment be agreed to, the motion to TITLE II—BENEFITS MATTERS ity by a sufficient length of time—until reconsider be laid upon the table, and Sec. 201. Payment rate of certain burial ben- December 31, 2011—so as not to chill that any statements relating to the efits for certain Filipino vet- negotiations in the near future. bill be printed in the RECORD. erans. I am very interested in seeing VA en- The PRESIDING OFFICER. Without Sec. 202. Extension of authority to maintain gage in more of these projects, so I am objection, it is so ordered. a regional office in the Republic pleased to see that S. 1076 would re- The amendment (No. 1622) was agreed of the Philippines. quire the Secretary to provide training to. Sec. 203. Extension of Advisory Committee and outreach regarding enhanced use The committee substitute, as amend- on Minority Veterans. leasing to personnel at VA medical Sec. 204. Dependency and indemnity com- ed, was agreed to. pensation for surviving spouses centers. The bill also requires the Sec- The bill (S. 1076), as amended, was of former prisoners of war. retary to contract for an independent considered read the third time, and Sec. 205. Repeal of limitation on payments assessment of opportunities for en- passed, as follows: of benefits to incompetent in- hanced use leases. This assessment S. 1076 stitutionalized veterans. would include a survey of suitable fa- Be it enacted by the Senate and House of Rep- Sec. 206. Clarification of veterans employ- cilities, a determination of the feasi- resentatives of the United States of America in ment opportunities. bility of projects at those facilities, Congress assembled, TITLE III—MEMORIAL AFFAIRS and an analysis of the resources re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subtitle A—Arlington National Cemetery quired to enter into a lease. I hope that (a) SHORT TITLE.—This Act may be cited as Sec. 301. Short title. more training—which until now has the ‘‘Veterans Benefits Act of 1999’’. Sec. 302. Persons eligible for burial in Ar- been sporadic and primarily on a by-re- (b) TABLE OF CONTENTS.—The table of con- lington National Cemetery. quest basis—and a more systematic tents for this Act is as follows: Sec. 303. Persons eligible for placement in and centralized approach would assist Sec. 1. Short title; table of contents. the columbarium in Arlington National Cemetery. the VA in maximizing its enhanced use Sec. 2. References to title 38, United States Code. lease opportunities. Subtitle B—World War II Memorial In conclusion, I believe that S. 1076 TITLE I—MEDICAL CARE Sec. 311. Short title. represents a real step forward in pro- Subtitle A—Long-Term Care Sec. 312. Fund raising by American Battle Monuments Commission for Sec. 101. Continuum of care for veterans. viding veterans with the type of care World War II Memorial. Sec. 102. Pilot programs relating to long- that they require, and in giving VA the Sec. 313. General authority of American term care of veterans. legislative tools to carry out that Battle Monuments Commission Sec. 103. Pilot program relating to assisted care—be it emergency care, long-term to solicit and receive contribu- living services. care, or specialized mental health tions. Subtitle B—Management of Medical Sec. 314. Intellectual property and related treatment. When Congress passed VA Facilities and Property health care eligibility reform in 1996, items. Sec. 111. Enhanced-use lease authority. we told veterans that VA would be TITLE IV—UNITED STATES COURT OF Sec. 112. Designation of hospital bed re- APPEALS FOR VETERANS CLAIMS their comprehensive health care pro- placement building at Depart- Sec. 401. Temporary service of certain vider; but since its enactment, we have ment of Veterans Affairs med- judges of United States Court of found significant limitations and bar- ical center in Reno, Nevada, Appeals for Veterans Claims after Jack Streeter. riers to providing the types of care vet- upon expiration of their terms erans need. S. 1076 tears down many of Subtitle C—Homeless Veterans or retirement. those barriers. Sec. 121. Extension of program of housing Sec. 402. Modified terms for certain judges I urge my colleagues in the House to assistance for homeless vet- of United States Court of Ap- carefully examine these critical provi- erans. peals for Veterans Claims.

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Sec. 403. Temporary authority for voluntary (b) LOCATIONS OF PILOT PROGRAMS.—(1) purposes of meeting the long-term care needs separation incentives for cer- Each pilot program under this section shall of eligible veterans, including any cost ad- tain judges on United States be carried out in two designated health care vantages under such programs and activities Court of Appeals for Veterans regions of the Department of Veterans Af- when compared with the Medicare program, Claims. fairs selected by the Secretary for purposes Medicaid program, or other Federal program Sec. 404. Definition. of this section. serving similar populations; SEC. 2. REFERENCES TO TITLE 38, UNITED (2) In selecting designated health care re- (2) the quality of the services provided STATES CODE. gions of the Department for purposes of a under such programs and activities; Except as otherwise expressly provided, particular pilot program, the Secretary (3) the satisfaction of participating vet- whenever in this Act an amendment or re- shall, to the maximum extent practicable, erans, non-Department, and non-Government peal is expressed in terms of an amendment select designated health care regions con- entities with such programs and activities; to, or repeal of, a section or other provision, taining a medical center or medical centers and the reference shall be considered to be made whose current circumstances and activities (4) the effect of such programs and activi- to a section or other provision of title 38, most closely mirror the circumstances and ties on the ability of veterans to carry out United States Code. activities proposed to be achieved under such basic activities of daily living over the pilot program. TITLE I—MEDICAL CARE course of such veterans’ participation in (3) The Secretary may not carry out more such programs and activities. Subtitle A—Long-Term Care than one pilot program in any given des- (h) REPORT.—(1) Not later than six months SEC. 101. CONTINUUM OF CARE FOR VETERANS. ignated health care region of the Depart- after the completion of the pilot programs ment. (a) INCLUSION OF NONINSTITUTIONAL EX- under subsection (i), the Secretary shall sub- (c) SCOPE OF SERVICES UNDER PILOT PRO- TENDED CARE SERVICES IN DEFINITION OF mit to Congress a report on the health serv- GRAMS.—(1) The services provided under the MEDICAL SERVICES.—Section 1701 is amend- pilot programs under this section shall in- ices and other services furnished by the De- ed— clude a comprehensive array of health care partment to meet the long-term care needs (1) in paragraph (6)(A)(i), by inserting services and other services that meet the of eligible veterans. ‘‘noninstitutional extended care services,’’ long-term care needs of veterans, including— (2) The report under paragraph (1) shall— after ‘‘preventive health services,’’; and (A) inpatient long-term care in inter- (A) describe the comprehensive array of (2) by adding at the end the following new mediate care beds, in nursing homes, and in health services and other services furnished paragraphs: domiciliary care facilities; and by the Department under law to meet the ‘‘(10) The term ‘noninstitutional extended (B) non-institutional long-term care, in- long-term care needs of eligible veterans, in- care services’ includes— cluding hospital-based primary care, adult cluding— ‘‘(A) home-based primary care; day health care, respite care, and other com- (i) inpatient long-term care in inter- ‘‘(B) adult day health care; munity-based interventions and care. mediate care beds, in nursing homes, and in ‘‘(C) respite care; (2) As part of the provision of services domiciliary care facilities; and ‘‘(D) palliative and end-of-life care; and under the pilot programs, the Secretary (ii) non-institutional long-term care, in- ‘‘(E) home health aide visits. shall also provide appropriate case manage- cluding hospital-based primary care, adult ‘‘(11) The term ‘respite care’ means hos- ment services. day health care, respite care, and other com- pital care, nursing home care, or residence- (3) In providing services under the pilot munity-based interventions and care; based care which— programs, the Secretary shall emphasize the (B) describe the case management services ‘‘(A) is of limited duration; provision of preventive care services, includ- furnished as part of the services described in ‘‘(B) is furnished in a Department facility ing screening and education. subparagraph (A) and assess the role of such or in the residence of an individual on an (4) The Secretary may provide health care case management services in ensuring that intermittent basis to an individual who is services or other services under the pilot eligible veterans receive services to meet suffering from a chronic illness and who re- programs only if the Secretary is otherwise their long-term care needs; and sides primarily at that residence; and authorized to provide such services by law. (C) in describing services under subpara- ‘‘(C) is furnished for the purpose of helping (d) DIRECT PROVISION OF SERVICES.—Under graphs (A) and (B), emphasize the role of pre- the individual to continue residing primarily one of the pilot programs under this section, ventive services in the furnishing of such at that residence.’’. the Secretary shall provide long-term care services. (b) CONFORMING AMENDMENTS TO TITLE 38.— services to eligible veterans directly through (i) DURATION OF PROGRAMS.—(1) The Sec- (1)(A) Section 1720 is amended by striking facilities and personnel of the Department of retary shall commence carrying out the pilot subsection (f). Veterans Affairs. programs required by this section not later (B) The section heading of such section is (e) PROVISION OF SERVICES THROUGH COOP- than 90 days after the date of the enactment amended by striking ‘‘; adult day health ERATIVE ARRANGEMENTS.—(1) Under one of of this Act. care’’. the pilot programs under this section, the (2) The authority of the Secretary to pro- (2) Section 1720B is repealed. Secretary shall provide long-term care serv- vide services under the pilot programs shall (3) Chapter 17 is further amended by redes- ices to eligible veterans through a combina- cease on the date that is three years after ignating sections 1720C, 1720D, and 1720E as tion (as determined by the Secretary) of— the date of the commencement of the pilot sections 1720B, 1720C, and 1720D, respectively. (A) services provided under cooperative ar- programs under paragraph (1). rangements with appropriate public and pri- (c) CLERICAL AMENDMENTS.—The table of (j) DEFINITIONS.—In this section: vate non-Governmental entities, including sections for chapter 17 is amended— (1) ELIGIBLE VETERAN.—The term ‘‘eligible (1) in the item relating to section 1720, by community service organizations; and veteran’’ means the following: striking ‘‘; adult day health care’’; and (B) services provided through facilities and (A) Any veteran eligible to receive hospital (2) by striking the items relating to sec- personnel of the Department. care and medical services under section (2) The consideration provided by the Sec- tions 1720B, 1720C, 1720D, and 1720E and in- 1710(a)(1) of title 38, United States Code. retary for services provided by entities under serting the following: (B) Any veteran (other than a veteran de- cooperative arrangements under paragraph scribed in subparagraph (A)) if the veteran is ‘‘1720B. Noninstitutional alternatives to (1)(A) shall be limited to the provision by the enrolled in the system of annual patient en- nursing home care. Secretary of appropriate in-kind services to rollment under section 1705 of title 38, ‘‘1720C. Counseling and treatment for sexual such entities. trauma. (f) PROVISION OF SERVICES BY NON-DEPART- United States Code. ‘‘1720D. Nasopharyngeal radium irradia- MENT ENTITIES.—(1) Under one of the pilot (2) LONG-TERM CARE NEEDS.—The term tion.’’. programs under this section, the Secretary ‘‘long-term care needs’’ means the need by (d) ADDITIONAL CONFORMING AMENDMENT.— shall provide long-term care services to eli- an individual for any of the following serv- Section 101(g)(2) of the Veterans Health Pro- gible veterans through arrangements with ices: grams Extension Act of 1994 (Public Law 103– appropriate non-Department entities under (A) Hospital care. 452; 108 Stat. 4785; 38 U.S.C. 1720D note) is which arrangements the Secretary acts sole- (B) Medical services. amended by striking ‘‘section 1720D’’ both ly as the case manager for the provision of (C) Nursing home care. places it appears and inserting ‘‘section such services. (D) Case management and other social 1720C’’. (2) Payment for services provided to vet- services. SEC. 102. PILOT PROGRAMS RELATING TO LONG- erans under the pilot programs under this (E) Home and community based services. TERM CARE OF VETERANS. subsection shall be made by the Department SEC. 103. PILOT PROGRAM RELATING TO AS- (a) IN GENERAL.—The Secretary of Vet- to the extent that payment for such services SISTED LIVING SERVICES. erans Affairs shall carry out three pilot pro- is not otherwise provided by another govern- (a) IN GENERAL.—The Secretary of Vet- grams for the purpose of determining the ment or non-government entity. erans Affairs shall carry out a pilot program feasibility and practicability of a variety of (g) DATA COLLECTION.—As part of the pilot for the purpose of determining the feasibility methods of meeting the long-term care needs programs under this section, the Secretary and practicability of providing assisted liv- of eligible veterans. The pilot programs shall shall collect data regarding— ing services to eligible veterans. The pilot be carried out in accordance with the provi- (1) the cost-effectiveness of such programs program shall be carried out in accordance sions of this section. and of other activities of the Department for with this section.

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(b) LOCATION.—The pilot program under (A) maximizes flexibility in the provision to implement the plan for all property deter- this section shall be carried out at a des- of such care, activities, supervision, and as- mined to present an opportunity for such ignated health care region of the Depart- sistance; lease. ment of Veterans Affairs selected by the Sec- (B) maximizes the autonomy, privacy, and (f) AUTHORITY FOR ENHANCED-USE LEASE OF retary for purposes of this section. independence of an individual; and PROPERTY UNDER BUSINESS PLAN.—(1) The (c) SCOPE OF SERVICES.—(1) Subject to (C) encourages family and community in- Secretary may enter into an enhanced-use paragraph (2), the Secretary shall provide as- volvement with the individual. lease of any property identified as presenting sisted living services under the pilot pro- Subtitle B—Management of Medical Facilities an opportunity for such lease under the anal- gram to eligible veterans. ysis under subsection (e) if such lease is con- and Property (2) Assisted living services may not be pro- sistent with the business plan under para- vided under the pilot program to a veteran SEC. 111. ENHANCED-USE LEASE AUTHORITY. graph (4) of that subsection. eligible for care under section 1710(a)(3) of (a) MAXIMUM TERM OF LEASES.—Section (2) The provisions of subchapter V of chap- title 38, United States Code, unless such vet- 8162(b)(2) is amended by striking ‘‘may not ter 81 of title 38, United States Code, shall eran agrees to pay the United States an exceed—’’ and all that follows through the apply with respect to any lease under para- amount equal to the amount determined in end and inserting ‘‘may not exceed 55 graph (1). accordance with the provisions of section years.’’. SEC. 112. DESIGNATION OF HOSPITAL BED RE- 1710(f) of such title. (b) AVAILABILITY OF FUNDS FOR CERTAIN PLACEMENT BUILDING AT DEPART- (3) Assisted living services may also be pro- ACTIVITIES RELATING TO LEASES.—Section MENT OF VETERANS AFFAIRS MED- vided under the pilot program to the spouse 8162(b)(4) is amended— ICAL CENTER IN RENO, NEVADA, of an eligible veteran if— (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; AFTER JACK STREETER. (A) such services are provided coinciden- (2) in subparagraph (A), as so designated— The hospital bed replacement building tally with the provision of identical services (A) in the first sentence, by striking under construction at the Ioannis A. to the veteran under the pilot program; and ‘‘only’’; and Lougaris Department of Veterans Affairs (B) such spouse agrees to pay the United (B) by striking the second sentence; and Medical Center in Reno, Nevada, is hereby States an amount equal to the cost, as deter- (3) by adding at the end the following new designated as the ‘‘Jack Streeter Building’’. mined by the Secretary, of the provision of subparagraph: Any reference to that building in any law, such services. ‘‘(B) Any payment by the Secretary in con- regulation, map, document, record, or other (d) REPORTS.—(1) The Secretary shall an- tribution to capital activities on property paper of the United States shall be consid- nually submit to Committees on Veterans’ that has been leased under this subchapter ered to be a reference to the Jack Streeter Affairs of the Senate and the House of Rep- may be made from amounts appropriated to Building. resentatives a report on the pilot program the Department for construction, minor Subtitle C—Homeless Veterans under this section. The report shall include a projects.’’. SEC. 121. EXTENSION OF PROGRAM OF HOUSING detailed description of the activities under (c) EXTENSION OF AUTHORITY.—Section 8169 ASSISTANCE FOR HOMELESS VET- the pilot program during the one-year period is amended by striking ‘‘December 31, 2001’’ ERANS. ending on the date of the report and such and inserting ‘‘December 31, 2011’’. Section 3735(c) is amended by striking ‘‘De- other matters as the Secretary considers ap- (d) TRAINING AND OUTREACH REGARDING AU- cember 31, 1999’’ and inserting ‘‘December 31, propriate. THORITY.—The Secretary of Veterans Affairs 2001’’. (2)(A) In addition to the reports required shall take appropriate actions to provide SEC. 122. HOMELESS VETERANS COMPREHEN- by paragraph (1), not later than 90 days be- training and outreach to personnel at De- SIVE SERVICE PROGRAMS. fore concluding the pilot program under this partment of Veterans Affairs medical cen- (a) PURPOSES OF GRANTS.—Paragraph (1) of section, the Secretary shall submit to the section 3(a) of the Homeless Veterans Com- committees referred to in that paragraph a ters regarding the enhanced-use lease au- thority under subchapter V of chapter 81 of prehensive Service Programs Act of 1992 (38 final report on the pilot program. U.S.C. 7721 note) is amended by inserting ‘‘, (B) The report on the pilot program under title 38, United States Code. The training and expanding existing programs for fur- this paragraph shall include the following: and outreach shall address methods of ap- nishing,’’ after ‘‘new programs to furnish’’. (i) An assessment of the feasibility and proaching potential lessees in the medical or (b) EXTENSION OF AUTHORITY TO MAKE practicability of providing assisted living commercial sectors regarding the possibility of entering into leases under that authority GRANTS.—Paragraph (2) of that section is services for veterans and their spouses. amended by striking ‘‘September 30, 1999’’ (ii) A financial assessment of the pilot pro- and other appropriate matters. (e) INDEPENDENT ANALYSIS OF OPPORTUNI- and inserting ‘‘September 30, 2001’’. gram, including a management analysis, (c) AUTHORIZATION OF APPROPRIATIONS.— cost-benefit analysis, Department cash-flow TIES FOR USE OF AUTHORITY.—(1) The Sec- retary shall take appropriate actions to se- Section 12 of that Act (38 U.S.C. 7721 note) is analysis, and strategic outlook assessment. amended in the first sentence by inserting (iii) Recommendations, if any, regarding cure from an appropriate entity independent of the Department of Veterans Affairs an ‘‘and $50,000,000 for each of fiscal years 2000 an extension of the pilot program, including and 2001’’ after ‘‘for fiscal years 1993 through recommendations regarding the desirability analysis of opportunities for the use of the enhanced-use lease authority under sub- 1997’’. of authorizing or requiring the Secretary to SEC. 123. AUTHORIZATIONS OF APPROPRIATIONS seek reimbursement for the costs of the Sec- chapter V of chapter 81 of title 38, United States Code. FOR HOMELESS VETERANS’ RE- retary in providing assisted living services in INTEGRATION PROJECTS. order to reduce demand for higher-cost nurs- (2) The analysis under paragraph (1) shall Section 738(e)(1) of the Stewart B. McKin- ing home care under the pilot program. include— ney Homeless Assistance Act (42 U.S.C. (iv) Any other information or rec- (A) a survey of the facilities of the Depart- 11448(e)(1) is amended by adding at the end ommendations that the Secretary considers ment for purposes of identifying Department the following: appropriate regarding the pilot program. property that presents an opportunity for ‘‘(H) $10,000,000 for fiscal year 2000. (e) DURATION.—(1) The Secretary shall lease under the enhanced-use lease author- ‘‘(I) $10,000,000 for fiscal year 2001.’’. ity; commence carrying out the pilot program re- SEC. 124. REPORT ON IMPLEMENTATION OF GEN- quired by this section not later than 90 days (B) an assessment of the feasibility of en- ERAL ACCOUNTING OFFICE REC- after the date of the enactment of this Act. tering into enhanced-use leases under that OMMENDATIONS REGARDING PER- (2) The authority of the Secretary to pro- authority in the case of any property identi- FORMANCE MEASURES. vide services under the pilot program shall fied under subparagraph (A) as presenting an (a) REPORT.—Not later than three months cease on the date that is three years after opportunity for such lease; and after the date of the enactment of this Act, the date of the commencement of the pilot (C) an assessment of the resources required the Secretary of Veterans Affairs shall sub- program under paragraph (1). at the Department facilities concerned, and mit to the Committees on Veterans’ Affairs (f) DEFINITIONS.—In this section: at the Department Central Office, in order to of the Senate and the House of Representa- (1) ELIGIBLE VETERAN.—The term ‘‘eligible facilitate the entering into of enhanced-used tives a report containing a detailed plan for veteran’’ means the following: leases in the case of property so identified. the evaluation by the Department of Vet- (A) Any veteran eligible to receive hospital (3) If as a result of the survey under para- erans Affairs of the effectiveness of programs care and medical services under section graph (2)(A) the entity determines that a to assist homeless veterans. 1710(a)(1) of title 38, United States Code. particular Department property presents no (b) OUTCOME MEASURES.—The plan shall in- (B) Any veteran (other than a veteran de- opportunities for lease under the enhanced- clude outcome measures which determine scribed in subparagraph (A)) if the veteran is use lease authority, the analysis shall in- whether veterans are housed and employed enrolled in the system of annual patient en- clude the entity’s explanation of that deter- within six months after housing and employ- rollment under section 1705 of title 38, mination. ment are secured for veterans under such United States Code. (4) If as a result of the survey the entity programs. (2) ASSISTED LIVING SERVICES.—The term determines that certain Department prop- Subtitle D—Other Health Care Provisions ‘‘assisted living services’’ means services erty presents an opportunity for lease under SEC. 131. EMERGENCY HEALTH CARE IN NON-DE- which provide personal care, activities, the enhanced-use lease authority, the anal- PARTMENT OF VETERANS AFFAIRS health-related care, supervision, and other ysis shall include a single integrated busi- FACILITIES FOR ENROLLED VET- assistance on a 24-hour basis within a resi- ness plan, developed by the entity, that ad- ERANS. dential or similar setting which— dresses the strategy and resources necessary (a) DEFINITIONS.—Section 1701 is amended—

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10649 (1) in paragraph (6)— ‘‘(B) the provision of services in response (3) by striking ‘‘each region’’ and inserting (A) by striking ‘‘and’’ at the end of sub- to the specific needs of veterans with Post ‘‘each facility’’; paragraph (A); Traumatic Stress Disorder and related dis- (4) by striking ‘‘such region’’ both places it (B) by striking the period at the end of orders, including short-term or long-term appears and inserting ‘‘such facility’’; and subparagraph (B) and inserting ‘‘; and’’; and care services that combine residential treat- (5) by striking paragraph (2). (C) by inserting after subparagraph (B) the ment of Post Traumatic Stress Disorder; SEC. 135. EXTENSION OF CERTAIN PERSIAN GULF following new subparagraph: ‘‘(C) the provision of Post Traumatic WAR AUTHORITIES. ‘‘(C) emergency care, or reimbursement for Stress Disorder or dedicated case manage- (a) THREE-YEAR EXTENSION OF NEWSLETTER such care, as described in sections 1703(a)(3) ment services on an outpatient basis; and ON MEDICAL CARE.—Section 105(b)(2) of the and 1728(a)(2)(E) of this title.’’; and ‘‘(D) the enhancement of staffing of exist- Persian Gulf War Veterans’ Benefits Act (2) by adding at the end the following new ing programs relating to Post Traumatic (title I of Public Law 103–446; 108 Stat. 4659; paragraph: Stress Disorder which have exceeded the pro- 38 U.S.C. 1117 note) is amended by striking ‘‘(10) The term ‘emergency medical condi- jected workloads for such programs. ‘‘December 31, 1999’’ and inserting ‘‘Decem- tion’ means a medical condition manifesting ‘‘(2) Programs relating to substance use ber 31, 2002’’. itself by acute symptoms of sufficient sever- disorders, including programs for— (b) THREE-YEAR EXTENSION OF PROGRAM ity (including severe pain) such that a pru- ‘‘(A) the establishment and operation of FOR EVALUATION OF HEALTH OF SPOUSES AND dent layperson, who possesses an average additional Department-based or community- CHILDREN.—Section 107(b) of Persian Gulf knowledge of health and medicine, could rea- based residential treatment facilities; War Veterans’ Benefits Act (title I of Public sonably expect the absence of immediate ‘‘(B) the expansion of the provision of Law 103–446; 38 U.S.C. 1117 note) is amended medical attention to result in— opioid treatment services, including the es- by striking ‘‘December 31, 1999’’ and insert- ‘‘(A) placing the health of the individual tablishment and operation of additional pro- ing ‘‘December 31, 2002’’. (or, with respect to a pregnant woman, the grams for the provision of opioid treatment SEC. 136. REPORT ON COORDINATION OF PRO- health of the woman or her unborn child) in services; and CUREMENT OF PHARMACEUTICALS serious jeopardy; ‘‘(C) the reestablishment or enhancement AND MEDICAL SUPPLIES BY THE DE- ‘‘(B) serious impairment to bodily func- of substance use disorder services at facili- PARTMENT OF VETERANS AFFAIRS AND THE DEPARTMENT OF DE- tions; or ties at which such services have been elimi- FENSE. ‘‘(C) serious dysfunction of any bodily nated or curtailed, with an emphasis on the (a) REQUIREMENT.—Not later than March organ or part.’’. reestablishment or enhancement of services 31, 2000, the Secretary of Veterans Affairs (b) CONTRACT CARE.—Section 1703(a)(3) is at facilities where demand for such services and the Secretary of Defense shall jointly amended by striking ‘‘medical emergencies’’ is high or which serve large geographic submit to the Committees on Veterans’ Af- and all that follows through ‘‘health of a vet- areas. fairs and Armed Services of the Senate and eran’’ and inserting ‘‘an emergency medical ‘‘(c)(1) The Secretary shall provide for the the Committees on Veterans’ Affairs and condition of a veteran who is enrolled under allocation of funds for the programs carried Armed Services of the House of Representa- section 1705 of this title or who is’’. out under this section in a centralized man- tives a report on the cooperation between (c) REIMBURSEMENT OF EXPENSES FOR ner. the Department of Veterans Affairs and the EMERGENCY CARE.—Section 1728(a)(2) is ‘‘(2) The allocation of funds for such pro- Department of Defense in the procurement of amended— grams shall— pharmaceuticals and medical supplies. (1) by striking ‘‘or’’ before ‘‘(D)’’; and ‘‘(A) be based upon an assessment of the (b) REPORT ELEMENTS.—The report under (2) by inserting before the semicolon at the need for funds conducted by qualified mental subsection (a) shall include the following: end the following: ‘‘, or (E) for any emer- health personnel of the Department who (1) A description of the current cooperation gency medical condition of a veteran en- oversee such programs; and between the Department of Veterans Affairs rolled under section 1705 of this title’’. ‘‘(B) emphasize, to the maximum extent and the Department of Defense in the pro- (d) PAYMENT PRIORITY.—Section 1705 is practicable, the availability of funds for the curement of pharmaceuticals and medical amended by adding at the end the following programs described in paragraphs (1) and (2) supplies. new subsection: of subsection (b).’’. (2) An assessment of the means by which ‘‘(d) The Secretary shall require in a con- (2) The table of sections at the beginning of cooperation between the departments in tract under section 1703(a)(3) of this title, chapter 17 is amended by inserting after the such procurement could be enhanced or im- and as a condition of payment under section item relating to section 1712B the following proved. 1728(a)(2) of this title, that payment by the new item: (3) A description of any existing memo- Secretary for treatment under such con- ‘‘1712C. Specialized mental health services.’’. randa of agreement between the Department tract, or under such section, of a veteran en- (b) REPORT.—(1) Not later than March 1 of of Veterans Affairs and the Department of rolled under this section shall be made only each of 2000, 2001, and 2002, the Secretary of Defense that provide for the cooperation re- after any payment that may be made with Veterans Affairs shall submit to Congress a ferred to in subsection (a). respect to such treatment under part A or report on the programs carried out by the (4) A description of the effects, if any, such part B of the Medicare program and after Secretary under section 1712C of title 38, agreements will have on current staffing lev- any payment that may be made with respect United States Code (as added by subsection els at the Defense Supply Center in Philadel- to such treatment by a third-party insurance (a)). phia, Pennsylvania, and the Department of provider.’’. (2) The report shall, for the period begin- Veterans Affairs National Acquisition Center (e) EFFECTIVE DATE.—The amendments ning on the date of the enactment of this Act in Hines, Illinois. made by this section shall apply with respect and ending on the date of the report— (5) A description of the effects, if any, of to care or services provided on or after the (A) describe the programs carried out such cooperation on military readiness. date of the enactment of this Act. under such section 1712C; (6) A comprehensive assessment of cost SEC. 132. IMPROVEMENT OF SPECIALIZED MEN- (B) set forth the number of veterans pro- savings realized and projected over the five TAL HEALTH SERVICES FOR VET- vided services under such programs; and fiscal year period beginning in fiscal year ERANS. (C) set forth the amounts expended for pur- 1999 for the Department of Veterans Affairs (a) IN GENERAL.—(1) Subchapter II of chap- poses of carrying out such programs. and the Department of Defense as a result of ter 17 is amended by inserting after section such cooperation, and the overall savings to 1712B the following new section: SEC. 133. TREATMENT AND SERVICES FOR DRUG OR ALCOHOL DEPENDENCY. the Treasury of the United States as a result ‘‘§ 1712C. Specialized mental health services Section 1720A(c) is amended— of such cooperation. ‘‘(a) The Secretary shall carry out pro- (1) in the first sentence of paragraph (1)— (7) A list of the types of medical supplies grams for purposes of enhancing the provi- (A) by striking ‘‘may not be transferred’’ and pharmaceuticals for which cooperative sion of specialized mental health services to and inserting ‘‘may be transferred’’; and agreements would not be appropriate and the veterans. (B) by striking ‘‘unless such transfer is reason or reasons therefor. ‘‘(b) The programs carried out by the Sec- during the last thirty days of such member’s (8) An assessment of the extent to which retary under subsection (a) shall include the enlistment or tour of duty’’; and cooperative agreements could be expanded to following: (2) in the first sentence of paragraph (2), by include medical equipment, major systems, ‘‘(1) Programs relating to the treatment of striking ‘‘during the last thirty days of such and durable goods used in the delivery of Post Traumatic Stress Disorder (PTSD), in- person’s enlistment period or tour of duty’’. health care by the Department of Veterans cluding programs for— SEC. 134. ALLOCATION TO DEPARTMENT OF VET- Affairs and the Department of Defense. ‘‘(A) the establishment and operation of ERANS AFFAIRS HEALTH CARE FA- (9) A description of the effects such agree- additional outpatient and residential treat- CILITIES OF AMOUNTS IN MEDICAL ments might have on distribution of items ment facilities for Post Traumatic Stress CARE COLLECTIONS FUND. purchased cooperatively by the Department Disorder in areas that are underserved by ex- Section 1729A(d) is amended— of Veterans Affairs and the Department of isting programs relating to Post Traumatic (1) by striking ‘‘(1)’’; Defense, particularly outside the continental Stress Disorder, as determined by qualified (2) by striking ‘‘each designated health United States. mental health personnel of the Department care region’’ and inserting ‘‘each Depart- (10) An assessment of the potential to es- who oversee such programs; ment health care facility’’; tablish common pharmaceutical formularies

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10650 CONGRESSIONAL RECORD — SENATE September 8, 1999 between the Department of Veterans Affairs Affairs Medical Center, Fargo, North Da- SEC. 203. EXTENSION OF ADVISORY COMMITTEE and the Department of Defense. kota, in an amount not to exceed $12,000,000. ON MINORITY VETERANS. (11) An explanation of the current Uniform (3) Construction of a surgical suite and Section 544(e) is amended by striking ‘‘De- Product Number (UPN) requirements of each post-anesthesia care unit at the Department cember 31, 1999’’ and inserting ‘‘December 31, Department and of any planned standardiza- of Veterans Affairs Medical Center, Kansas 2004’’. tion of such requirements between the De- City, Missouri, in an amount not to exceed SEC. 204. DEPENDENCY AND INDEMNITY COM- partments for medical equipment and dura- $13,000,000. PENSATION FOR SURVIVING ble goods manufacturers. (4) Renovations and environmental im- SPOUSES OF FORMER PRISONERS OF WAR. SEC. 137. REIMBURSEMENT OF MEDICAL EX- provements at the Department of Veterans PENSES OF VETERANS LOCATED IN Affairs Medical Center, Atlanta, Georgia, in (a) ELIGIBILITY.—Section 1318(b) is amend- ALASKA. an amount not to exceed $12,400,000. ed— (a) PRESERVATION OF CURRENT REIMBURSE- (b) AUTHORIZATION OF APPROPRIATIONS.— (1) by striking ‘‘that either—’’ in the mat- MENT RATES.—Notwithstanding any other (1) IN GENERAL.—There is authorized to be ter preceding paragraph (1) and inserting provision of law, the Secretary of Veterans appropriated to the Secretary of Veterans ‘‘rated totally disabling if—’’; and Affairs shall, for purposes of reimbursing Affairs for fiscal year 2000 for the Construc- (2) by adding at the end the following new veterans in Alaska for medical expenses tion, Major Projects, Account $225,500,000 for paragraph: under section 1728 of title 38, United States the projects authorized in subsection (a) and ‘‘(3) the veteran was a former prisoner of Code, during the one-year period beginning for the continuation of projects authorized war who died after September 30, 1999, and on the date of the enactment of this Act, use in section 701(a) of the Veterans Programs whose disability was continuously rated to- the fee-for-service payment schedule in ef- Enhancement Act of 1998 (Public Law 105– tally disabling for a period of one year im- fect for such purposes on July 31, 1999, rather 368; 112 Stat. 3348). mediately preceding death.’’. than the Participating Physician Fee Sched- (2) LIMITATION ON FISCAL YEAR 2000 (b) CONFORMING AMENDMENTS.—Such sec- ule under the Medicare program. PROJECTS.—The projects authorized in sub- tion is further amended— (b) REPORT.—(1) Not later than 180 days section (a) may only be carried out using— (1) in paragraph (1)— after the date of the enactment of this Act, (A) funds appropriated for fiscal year 2000 (A) by inserting ‘‘the disability’’ after the Secretary of Veterans Affairs and the pursuant to the authorizations of appropria- ‘‘(1)’’; and Secretary of Health and Human Services tions in subsection (a); (B) by striking ‘‘or’’ after ‘‘death;’’; and shall jointly submit to the Committees on (B) funds appropriated for Construction, (2) in paragraph (2)— Veterans’ Affairs of the Senate and the Major Projects, for a fiscal year before fiscal (A) by striking ‘‘if so rated for a lesser pe- House of Representatives a report and rec- year 2000 that remain available for obliga- riod, was so rated continuously’’ and insert- ommendation on the use of the Participating tion; and ing ‘‘the disability was continuously rated Physician Fee Schedule under the Medicare (C) funds appropriated for Construction, totally disabling’’; and program as a means of calculating reim- Major Projects, for fiscal year 2000 for a cat- (B) by striking the period at the end and bursement rates for medical expenses of vet- egory of activity not specific to a project. inserting ‘‘; or’’. erans located in Alaska under section 1728 of (c) AVAILABILITY OF FUNDS FOR FISCAL SEC. 205. REPEAL OF LIMITATION ON PAYMENTS title 38, United States Code. YEAR 1999 PROJECTS.—Section 703(b)(1) of the OF BENEFITS TO INCOMPETENT IN- (2) The report shall— Veterans Programs Enhancement Act of 1998 STITUTIONALIZED VETERANS. (A) assess the differences between health (112 Stat. 3349) is amended— Section 5503 is amended— care costs in Alaska and health care costs in (1) by redesignating subparagraphs (B) and (1) by striking subsections (b) and (c); and the continental United States; (C) as subparagraphs (C) and (D), respec- (2) by redesignating subsections (d), (e), (B) describe any differences between the tively; and and (f) as subsections (b), (c), and (d), respec- costs of providing health care in Alaska and (2) by inserting after subparagraph (A) the tively. the reimbursement rates for the provision of following new subparagraph (B): SEC. 206. CLARIFICATION OF VETERANS EMPLOY- health care under the Participating Physi- ‘‘(B) funds appropriated for fiscal year 2000 MENT OPPORTUNITIES. cian Fee Schedule; and pursuant to the authorization of appropria- (a) CLARIFICATION.—Section 3304(f) of title (C) assess the effects on health care for tions in section 341(b)(1) of the Veterans Ben- 5, United States Code, is amended— veterans in Alaska of implementing the Par- efits Act of 1999;’’. (1) by striking paragraph (4); ticipating Physician Fee Schedule as a (2) by redesignating paragraphs (2) and (3) TITLE II—BENEFITS MATTERS means of calculating reimbursement rates as paragraphs (3) and (4), respectively; and for medical expenses of veterans located in SEC. 201. PAYMENT RATE OF CERTAIN BURIAL (3) by inserting after paragraph (1) the fol- Alaska under section 1728 of title 38, United BENEFITS FOR CERTAIN FILIPINO lowing new paragraph (2): VETERANS. States Code. ‘‘(2) If selected, a preference eligible or vet- (a) PAYMENT RATE.—Section 107 is amend- SEC. 138. REPEAL OF FOUR-YEAR LIMITATION ON eran described in paragraph (1) shall acquire ed— TERMS OF UNDER SECRETARY FOR competitive status and shall receive a career (1) in subsection (a), by striking ‘‘Pay- HEALTH AND UNDER SECRETARY or career-conditional appointment, as appro- FOR BENEFITS. ments’’ and inserting ‘‘Subject to subsection priate.’’. (a) UNDER SECRETARY FOR HEALTH.—Sec- (c), payments’’; and (b) EFFECTIVE DATE.—The amendments tion 305 is amended— (2) by adding at the end the following: made by subsection (a) shall take effect as if (1) by striking subsection (c); and ‘‘(c)(1) In the case of an individual de- included in the amendment made to section (2) by redesignating subsection (d) as sub- scribed in paragraph (2), payments under sec- 3304 of title 5, United States Code, by section section (c). tion 2302 or 2303 of this title by reason of sub- 2 of the Veterans Employment Opportunities (b) UNDER SECRETARY FOR BENEFITS.—Sec- section (a)(3) shall be made at the rate of $1 Act of 1998 (Public Law 105–339; 112 Stat. tion 306 is amended— for each dollar authorized. 3182), to which such amendments relate. (1) by striking subsection (c); and ‘‘(2) Paragraph (1) applies to any individual (2) by redesignating subsection (d) as sub- whose service is described in subsection (a) TITLE III—MEMORIAL AFFAIRS section (c). and who dies after the date of the enactment Subtitle A—Arlington National Cemetery (c) APPLICABILITY.—The amendments made of the Veterans Benefits Act of 1999 if the in- SEC. 301. SHORT TITLE. by subsections (a) and (b) shall take effect on dividual, on the individual’s date of death— This subtitle may be cited as the ‘‘Arling- the date of the enactment of this Act and ‘‘(A) is a citizen of the United States; shall apply with respect to individuals ap- ton National Cemetery Burial and ‘‘(B) is residing in the United States; and Inurnment Eligibility Act of 1999’’. pointed as Under Secretary for Health and ‘‘(C) either— Under Secretary for Benefits, respectively, SEC. 302. PERSONS ELIGIBLE FOR BURIAL IN AR- ‘‘(i) is receiving compensation under chap- LINGTON NATIONAL CEMETERY. on or after that date. ter 11 of this title; or (a) IN GENERAL.—(1) Chapter 24 is amended Subtitle E—Major Medical Facility Projects ‘‘(ii) if such service had been deemed to be by adding at the end the following new sec- Construction Authorization active military, naval, or air service, would tion: SEC. 141. AUTHORIZATION OF MAJOR MEDICAL have been paid pension under section 1521 of FACILITY PROJECTS. this title without denial or discontinuance ‘‘§ 2412. Arlington National Cemetery: persons (a) IN GENERAL.—The Secretary of Vet- by reason of section 1522 of this title.’’. eligible for burial erans Affairs may carry out the following (b) APPLICABILITY.—No benefits shall ac- ‘‘(a) PRIMARY ELIGIBILITY.—The remains of major medical facility projects, with each crue to any person for any period before the the following individuals may be buried in project to be carried out in the amount spec- date of the enactment of this Act by reason Arlington National Cemetery: ified for that project: of the amendments made by subsection (a). ‘‘(1) Any member of the Armed Forces who (1) Construction of a long term care facil- SEC. 202. EXTENSION OF AUTHORITY TO MAIN- dies while on active duty. ity at the Department of Veterans Affairs TAIN A REGIONAL OFFICE IN THE ‘‘(2) Any retired member of the Armed Medical Center, Lebanon, Pennsylvania, in REPUBLIC OF THE PHILIPPINES. Forces and any person who served on active an amount not to exceed $14,500,000. Section 315(b) is amended by striking ‘‘De- duty and at the time of death was entitled (2) Renovations and environmental im- cember 31, 1999’’ and inserting ‘‘December 31, (or but for age would have been entitled) to provements at the Department of Veterans 2004’’. retired pay under chapter 1223 of title 10.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10651 ‘‘(3) Any former member of the Armed ‘‘(B) Each notice under subparagraph (A) of the member may not be buried in the Forces separated for physical disability be- shall— group gravesite. fore October 1, 1949, who— ‘‘(i) identify the individual authorized for ‘‘(g) EXCLUSIVE AUTHORITY FOR BURIAL IN ‘‘(A) served on active duty; and burial; and ARLINGTON NATIONAL CEMETERY.—Eligibility ‘‘(B) would have been eligible for retire- ‘‘(ii) provide a justification for the author- for burial of remains in Arlington National ment under the provisions of section 1201 of ization for burial. Cemetery prescribed under this section is the title 10 (relating to retirement for disability) ‘‘(c) ELIGIBILITY OF FAMILY MEMBERS.—The exclusive eligibility for such burial. had that section been in effect on the date of remains of the following individuals may be ‘‘(h) APPLICATION FOR BURIAL.—A request separation of the member. buried in Arlington National Cemetery: for burial of remains of an individual in Ar- ‘‘(4) Any former member of the Armed ‘‘(1)(A) Except as provided in subparagraph lington National Cemetery made before the Forces whose last active duty military serv- (B), the spouse, surviving spouse, minor death of the individual may not be consid- ice terminated honorably and who has been child, and, at the discretion of the Super- ered by the Secretary of the Army, the Sec- awarded one of the following decorations: intendent, unmarried adult child of a person retary of Defense, or any other responsible ‘‘(A) Medal of Honor. listed in subsection (a), but only if buried in official. ‘‘(B) Distinguished Service Cross, Air the same gravesite as that person. ‘‘(i) REGISTER OF BURIED INDIVIDUALS.—(1) Force Cross, or Navy Cross. ‘‘(B) In a case under subparagraph (A) in The Secretary of the Army shall maintain a register of each individual buried in Arling- ‘‘(C) Distinguished Service Medal. which the same gravesite may not be used ton National Cemetery and shall make such ‘‘(D) Silver Star. due to insufficient space, a person otherwise register available to the public. ‘‘(E) Purple Heart. eligible under that subparagraph may be in- ‘‘(2) With respect to each such individual ‘‘(5) Any former prisoner of war who dies terred in a gravesite adjoining the gravesite buried on or after January 1, 1998, the reg- on or after November 30, 1993. of the person listed in subsection (a) if space ister shall include a brief description of the ‘‘(6) The President or any former Presi- in such adjoining gravesite had been reserved basis of eligibility of the individual for bur- dent. for the burial of such person otherwise eligi- ial in Arlington National Cemetery. ‘‘(7) Any former member of the Armed ble under that subparagraph before January ‘‘(j) DEFINITIONS.—For purposes of this sec- Forces whose last discharge or separation 1962. tion: from active duty was under honorable condi- ‘‘(2)(A) The spouse, minor child, and, at the ‘‘(1) The term ‘retired member of the tions and who is or was one of the following: discretion of the Superintendent, unmarried Armed Forces’ means— ‘‘(A) Vice President. adult child of a member of the Armed Forces ‘‘(A) any member of the Armed Forces on ‘‘(B) Member of Congress. on active duty if such spouse, minor child, or a retired list who served on active duty and ‘‘(C) Chief Justice or Associate Justice of unmarried adult child dies while such mem- who is entitled to retired pay; the Supreme Court. ber is on active duty. ‘‘(B) any member of the Fleet Reserve or ‘‘(D) The head of an Executive department ‘‘(B) The individual whose spouse, minor Fleet Marine Corps Reserve who served on (as such departments are listed in section 101 child, and unmarried adult child is eligible active duty and who is entitled to retainer of title 5). under subparagraph (A), but only if buried in pay; and ‘‘(E) An individual who served in the for- the same gravesite as the spouse, minor ‘‘(C) any member of a reserve component of eign or national security services, if such in- child, or unmarried adult child. the Armed Forces who has served on active dividual died as a result of a hostile action ‘‘(3) The parents of a minor child or unmar- duty and who has received notice from the outside the United States in the course of ried adult child whose remains, based on the Secretary concerned under section 12731(d) of such service. eligibility of a parent, are already buried in title 10 of eligibility for retired pay under ‘‘(8) Any individual whose eligibility is au- Arlington National Cemetery, but only if chapter 1223 of title 10. thorized in accordance with subsection (b). buried in the same gravesite as that minor ‘‘(2) The term ‘former member of the ‘‘(b) ADDITIONAL AUTHORIZATIONS OF BUR- child or unmarried adult child. Armed Forces’ includes a person whose serv- IAL.—(1) In the case of a former member of ‘‘(4)(A) Subject to subparagraph (B), the ice is considered active duty service pursu- the Armed Forces not otherwise covered by surviving spouse, minor child, and, at the ant to a determination of the Secretary of subsection (a) whose last discharge or sepa- discretion of the Superintendent, unmarried Defense under section 401 of Public Law 95– ration from active duty was under honorable adult child of a member of the Armed Forces 202 (38 U.S.C. 106 note). conditions, if the Secretary of Defense who was lost, buried at sea, or officially de- ‘‘(3) The term ‘Superintendent’ means the makes a determination referred to in para- termined to be permanently absent in a sta- Superintendent of Arlington National Ceme- graph (3) with respect to such member, the tus of missing or missing in action. tery.’’. Secretary of Defense may authorize the bur- ‘‘(B) A person is not eligible under subpara- (2) The table of sections at the beginning of ial of the remains of such former member in graph (A) if a memorial to honor the mem- chapter 24 is amended by adding at the end Arlington National Cemetery under sub- ory of the member is placed in a cemetery in the following new item: section (a)(8). the national cemetery system, unless the ‘‘2412. Arlington National Cemetery: persons ‘‘(2) In the case of any individual not oth- memorial is removed. A memorial removed erwise covered by subsection (a) or para- eligible for burial.’’. under this subparagraph may be placed, at (b) PUBLICATION OF UPDATED PAMPHLET.— graph (1), if the President makes a deter- Not later than 180 days after the date of en- mination referred to in paragraph (3) with the discretion of the Superintendent, in Ar- actment of this Act, the Secretary of the respect to such individual, the President lington National Cemetery. Army shall publish an updated pamphlet de- may authorize the burial of the remains of ‘‘(5) The surviving spouse, minor child, scribing eligibility for burial in Arlington such individual in Arlington National Ceme- and, at the discretion of the Superintendent, National Cemetery. The pamphlet shall re- tery under subsection (a)(8). unmarried adult child of a member of the ‘‘(3) A determination referred to in para- Armed Forces buried in a cemetery under flect the provisions of section 2412 of title 38, graph (1) or (2) is a determination that the the jurisdiction of the American Battle United States Code, as added by subsection acts, service, or other contributions to the Monuments Commission. (a). (c) TECHNICAL AMENDMENTS.—Section Nation of the former member or individual ‘‘(d) SPOUSES.—For purposes of subsection 2402(7) is amended— concerned are of equal or similar merit to (c)(1), a surviving spouse of a person whose (1) by inserting ‘‘(or but for age would have the acts, service, or other contributions to remains are buried in Arlington National been entitled)’’ after ‘‘was entitled’’; the Nation of any of the persons listed in Cemetery by reason of eligibility under sub- subsection (a). section (a) who has remarried is eligible for (2) by striking ‘‘chapter 67’’ and inserting ‘‘(4)(A) In the case of an authorization for burial in the same gravesite of that person. ‘‘chapter 1223’’; and burial under this subsection, the President The spouse of the surviving spouse is not eli- (3) by striking ‘‘or would have been enti- or the Secretary of Defense, as the case may gible for burial in such gravesite. tled to’’ and all that follows and inserting a be, shall submit to the Committees on Vet- ‘‘(e) DISABLED ADULT UNMARRIED CHIL- period. erans’ Affairs of the Senate and the House of DREN.—In the case of an unmarried adult (d) EFFECTIVE DATE.—Section 2412 of title Representatives a report on the authoriza- child who is incapable of self-support up to 38, United States Code, as added by sub- tion not later than 72 hours after the author- the time of death because of a physical or section (a), shall apply with respect to indi- ization. mental condition, the child may be buried viduals dying on or after the date of the en- ‘‘(B) Each report under subparagraph (A) under subsection (c) without requirement for actment of this Act. shall— approval by the Superintendent under that SEC. 303. PERSONS ELIGIBLE FOR PLACEMENT IN ‘‘(i) identify the individual authorized for subsection if the burial is in the same THE COLUMBARIUM IN ARLINGTON burial; and gravesite as the gravesite in which the par- NATIONAL CEMETERY. ‘‘(ii) provide a justification for the author- ent, who is eligible for burial under sub- (a) IN GENERAL.—(1) Chapter 24 is amended by adding after section 2412, as added by sec- ization for burial. section (a), has been or will be buried. ‘‘(5)(A) In the case of an authorization for ‘‘(f) FAMILY MEMBERS OF PERSONS BURIED tion 302(a)(1) of this Act, the following new burial under this subsection, the President IN A GROUP GRAVESITE.—In the case of a per- section: or the Secretary of Defense, as the case may son eligible for burial under subsection (a) ‘‘§ 2413. Arlington National Cemetery: persons be, shall publish in the Federal Register a who is buried in Arlington National Ceme- eligible for placement in columbarium notice of the authorization as soon as prac- tery as part of a group burial, the surviving ‘‘(a) ELIGIBILITY.—The cremated remains of ticable after the authorization. spouse, minor child, or unmarried adult child the following individuals may be placed in

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10652 CONGRESSIONAL RECORD — SENATE September 8, 1999 the columbarium in Arlington National ‘‘(3) The Secretary of the Treasury shall Commission may borrow from the Treasury Cemetery: invest any portion of the memorial fund under subsection (e) as funds available to ‘‘(1) A person eligible for burial in Arling- that, as determined by the Chairman of the complete construction of the memorial, ton National Cemetery under section 2412 of Commission, is not required to meet current whether or not the Commission has actually this title. expenses. Each investment shall be made in exercised the authority to borrow such ‘‘(2)(A) A veteran whose last period of ac- an interest bearing obligation of the United funds. tive duty service (other than active duty for States or an obligation guaranteed as to ‘‘(g) VOLUNTARY SERVICES.—(1) Notwith- training) ended honorably. principal and interest by the United States standing section 1342 of title 31, the Commis- ‘‘(B) The spouse, surviving spouse, minor that, as determined by the Chairman of the sion may accept from any person voluntary child, and, at the discretion of the Super- Commission, has a maturity suitable for the services to be provided in furtherance of the intendent of Arlington National Cemetery, memorial fund. fund-raising activities of the Commission re- unmarried adult child of such a veteran. ‘‘(d) USE OF MEMORIAL FUND.—The memo- lating to the World War II memorial. ‘‘(b) SPOUSE.—Section 2412(d) of this title rial fund shall be available to the Commis- ‘‘(2) A person providing voluntary services shall apply to a spouse under this section in sion for— under this subsection shall be considered to the same manner as it applies to a spouse ‘‘(1) the expenses of establishing the World be a Federal employee for purposes of chap- under section 2412 of this title.’’. War II memorial, including the maintenance ter 81 of title 5, relating to compensation for (2) The table of sections at the beginning of and preservation amount provided for in sec- work-related injuries, and chapter 171 of title chapter 24 is amended by adding after sec- tion 8(b) of the Commemorative Works Act 28, relating to tort claims. A volunteer who tion 2412, as added by section 302(a)(2) of this (40 U.S.C. 1008(b)); is not otherwise employed by the Federal Act, the following new item: ‘‘(2) such other expenses, other than rou- Government shall not be considered to be a tine maintenance, with respect to the World Federal employee for any other purpose by ‘‘2413. Arlington National Cemetery: persons War II memorial as the Commission con- reason of the provision of such voluntary eligible for placement in col- siders warranted; and service, except that any volunteers given re- umbarium.’’. ‘‘(3) to secure, obtain, register, enforce, sponsibility for the handling of funds or the (b) EFFECTIVE DATE.—Section 2413 of title protect, and license any mark, copyright or carrying out of a Federal function are sub- 38, United States Code, as added by sub- patent that is owned by, assigned to, or li- ject to the conflict of interest laws contained section (a), shall apply with respect to indi- censed to the Commission under section in chapter 11 of title 18, and the administra- viduals dying on or after the date of the en- 2103(l) of this title to aid or facilitate the tive standards of conduct contained in part actment of this Act. construction of the World War II memorial. 2635 of title 5, Code of Federal Regulations. Subtitle B—World War II Memorial ‘‘(e) SPECIAL BORROWING AUTHORITY.—(1) ‘‘(3) The Commission may provide for reim- SEC. 311. SHORT TITLE. To assure that groundbreaking, construc- bursement of incidental expenses which are This subtitle may be cited as the ‘‘World tion, and dedication of the World War II me- incurred by a person providing voluntary services under this subsection. The Commis- War II Memorial Completion Act’’. morial are completed on a timely basis, the Commission may borrow money from the sion shall determine which expenses are eli- SEC. 312. FUND RAISING BY AMERICAN BATTLE gible for reimbursement under this para- MONUMENTS COMMISSION FOR Treasury of the United States in such WORLD WAR II MEMORIAL. amounts as the Commission considers nec- graph. ‘‘(4) Nothing in this subsection shall be essary, but not to exceed a total of (a) CODIFICATION OF EXISTING AUTHORITY; construed to require Federal employees to $65,000,000. Borrowed amounts shall bear in- EXPANSION OF AUTHORITY.—(1) Chapter 21 of work without compensation or to allow the terest at a rate determined by the Secretary title 36, United States Code, is amended by use of volunteer services to displace or re- of the Treasury, taking into consideration adding at the end the following new section: place Federal employees. the average market yield on outstanding ‘‘§ 2113. World War II memorial in the District ‘‘(h) TREATMENT OF CERTAIN CONTRACTS.— of Columbia marketable obligations of the United States A contract entered into by the Commission of comparable maturities during the month ‘‘(a) DEFINITIONS.—In this section: for the design or construction of the World preceding the month in which the obliga- War II memorial is not a funding agreement ‘‘(1) The term ‘World War II memorial’ tions of the Commission are issued. The in- means the memorial authorized by Public as that term is defined in section 201 of title terest payments on such obligations may be 35. Law 103–32 (107 Stat. 90) to be established by deferred with the approval of the Secretary the American Battle Monuments Commis- ‘‘(i) EXTENSION OF AUTHORITY TO ESTABLISH of the Treasury, but any interest payment so MEMORIAL.—Notwithstanding section 10 of sion on Federal land in the District of Co- deferred shall also bear interest. lumbia or its environs to honor members of the Commemorative Works Act (40 U.S.C. ‘‘(2) The borrowing of money by the Com- 1010), the legislative authorization for the the Armed Forces who served in World War mission under paragraph (1) shall be subject II and to commemorate the participation of construction of the World War II memorial to such maturities, terms, and conditions as contained in Public Law 103–32 (107 Stat. 90) the United States in that war. may be agreed upon by the Commission and ‘‘(2) The term ‘Commission’ means the shall not expire until December 31, 2005.’’. the Secretary of the Treasury, except that (2) The table of sections at the beginning of American Battle Monuments Commission. the maturities may not exceed 20 years and chapter 21 of title 36, United States Code, is ‘‘(3) The term ‘memorial fund’ means the such borrowings may be redeemable at the amended by adding at the end the following fund created by subsection (c). option of the Commission before maturity. new item: ‘‘(b) SOLICITATION AND ACCEPTANCE OF CON- ‘‘(3) The obligations of the Commission ‘‘2113. World War II memorial in the District TRIBUTIONS.—Consistent with the authority shall be issued in amounts and at prices ap- of the Commission under section 2103(e) of of Columbia.’’. proved by the Secretary of the Treasury. The (b) CONFORMING AMENDMENTS.—Public Law this title, the Commission shall solicit and authority of the Commission to issue obliga- 103–32 (107 Stat. 90) is amended by striking accept contributions for the World War II tions under this subsection shall remain sections 3, 4, and 5. memorial. available without fiscal year limitation. The (c) EFFECT OF REPEAL OF CURRENT MEMO- ‘‘(c) CREATION OF MEMORIAL FUND.—(1) Secretary of the Treasury shall purchase any RIAL FUND.—Upon the date of the enactment There is hereby created in the Treasury a obligations of the Commission to be issued of this Act, the Secretary of the Treasury fund for the World War II memorial, which under this subsection, and for such purpose shall transfer amounts in the fund created shall consist of the following: the Secretary of the Treasury may use as a by section 4(a) of Public Law 103–32 (107 Stat. ‘‘(A) Amounts deposited, and interest and public debt transaction of the United States 91) to the fund created by section 2113 of title proceeds credited, under paragraph (2). the proceeds from the sale of any securities 36, United States Code, as added by sub- ‘‘(B) Obligations obtained under paragraph issued under chapter 31 of title 31. The pur- section (a). (3). poses for which securities may be issued SEC. 313. GENERAL AUTHORITY OF AMERICAN ‘‘(C) The amount of surcharges paid to the under such chapter are extended to include BATTLE MONUMENTS COMMISSION Commission for the World War II memorial any purchase of the Commission’s obliga- TO SOLICIT AND RECEIVE CON- under the World War II 50th Anniversary tions under this subsection. TRIBUTIONS. Commemorative Coins Act. ‘‘(4) Repayment of the interest and prin- Subsection (e) of section 2103 of title 36, ‘‘(D) Amounts borrowed using the author- cipal on any funds borrowed by the Commis- United States Code, is amended to read as ity provided under subsection (e). sion under paragraph (1) shall be made from follows: ‘‘(E) Any funds received by the Commis- amounts in the memorial fund. The Commis- ‘‘(e) SOLICITATION AND RECEIPT OF CON- sion under section 2103(l) of this title in ex- sion may not use for such purpose any funds TRIBUTIONS.—(1) The Commission may solicit change for use of, or the right to use, any appropriated for any other activities of the and receive funds and in-kind donations and mark, copyright or patent. Commission. gifts from any State, municipal, or private ‘‘(2) The Chairman of the Commission shall ‘‘(f) TREATMENT OF BORROWING AUTHOR- source to carry out the purposes of this chap- deposit in the memorial fund the amounts ITY.—In determining whether the Commis- ter. The Commission shall deposit such funds accepted as contributions under subsection sion has sufficient funds to complete con- in a separate account in the Treasury. Funds (b). The Secretary of the Treasury shall cred- struction of the World War II memorial, as from this account shall be disbursed upon it to the memorial fund the interest on, and required by section 8 of the Commemorative vouchers approved by the Chairman of the the proceeds from sale or redemption of, ob- Works Act (40 U.S.C. 1008), the Secretary of Commission as well as by a Federal official ligations held in the memorial fund. the Interior shall consider the funds that the authorized to sign payment vouchers.

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‘‘(2) The Commission shall establish writ- (b) PERIOD OF TEMPORARY SERVICE.—(1) son to retired pay or a retirement or other ten guidelines setting forth the criteria to be The service of a judge on the Court under annuity under subchapter V of chapter 72 of used in determining whether the acceptance this section may continue until the earlier title 38, United States Code, or under chapter of funds and in-kind donations and gifts of— 83 or 84 of title 5, United States Code, as ap- under paragraph (1) would— (A) the date that is 30 days after the date plicable. ‘‘(A) reflect unfavorably on the ability of on which the chief judge of the Court sub- (4) Amounts paid under this subsection the Commission, or any employee of the mits to the President and Congress a written shall be derived from amounts available for Commission, to carry out the responsibilities certification based on the projected caseload payment of salaries and benefits of judges of or official duties of the Commission in a fair of the Court that the work of the Court can the Court. and objective manner; or be performed in a timely and efficient man- (e) CREDITABLE SERVICE.—(1) The service as ‘‘(B) compromise the integrity or the ap- ner by judges of the Court under this section a judge of the Court under this section of a pearance of the integrity of the programs of who are senior on the Court to the judge person who makes an election provided for the Commission or any official involved in electing to continue to provide temporary under subsection (d)(2)(B) shall constitute those programs.’’. service under this section or without judges creditable service toward the judge’s years of SEC. 314. INTELLECTUAL PROPERTY AND RE- under this section; or judicial service for purposes of section 7297 of LATED ITEMS. (B) the date on which the person appointed title 38, United States Code, with such serv- Section 2103 of title 36, United States Code, to the position on the Court occupied by the ice creditable at a rate equal to the rate at is amended by adding at the end the fol- judge under this section is qualified for the which such service would be creditable for lowing new subsection: position. such purposes if served by a judge of the ‘‘(l) INTELLECTUAL PROPERTY AND RELATED (2) Subsections (f) and (g) of section 7253 of Court under chapter 72 of that title. ITEMS.—(1) The Commission may— title 38, United States Code, shall apply with (2) The service as a judge of the Court ‘‘(A) adopt, use, register, and license trade- respect to the service of a judge on the Court under this section of a person paid salary marks, service marks, and other marks; under this section. under subsection (d)(1)(B) shall constitute ‘‘(B) obtain, use, register, and license the (c) TEMPORARY SERVICE IN OTHER POSI- creditable service of the person toward re- use of copyrights consistent with section 105 TIONS.—(1) If on the date that the person ap- tirement under subchapter V of chapter 72 of of title 17; pointed to the position on the Court occu- title 38, United States Code, or subchapter pied by a judge under this section is qualified ‘‘(C) obtain, use, and license patents; and III of chapter 83 or subchapter II of chapter another position on the Court is vacant, the ‘‘(D) accept gifts of marks, copyrights, pat- 84 of title 5, United States Code, as applica- judge may serve in such other position under ents and licenses for use by the Commission. ble. this section. ‘‘(2) The Commission may grant exclusive (f) ELIGIBILITY FOR ADDITIONAL SERVICE.— (2) If two or more judges seek to serve in a The service of a person as a judge of the and nonexclusive licenses in connection with position on the Court in accordance with any mark, copyright, patent, or license for Court under this section shall not affect the paragraph (1), the judge senior in service on eligibility of the person for appointment to the use of such mark, copyright or patent, the Court shall serve in the position under except to extent the grant of such license by an additional term or terms on the Court, that paragraph. whether in the position occupied by the per- the Commission would be contrary to any (d) COMPENSATION.—(1) Notwithstanding contract or license by which the use of such son under this section or in another position any other provision of law, a person whose on the Court. mark, copyright or patent was obtained. service as a judge of the Court continues ‘‘(3) The Commission may enforce any (g) TREATMENT OF PARTY MEMBERSHIP.— under this section shall be paid for the pe- For purposes of determining compliance mark, copyright, or patent by an action in riod of service under this section an amount the district courts under any law providing with the last sentence of section 7253(b) of as follows: title 38, United States Code, the party mem- for the protection of such marks, copyrights, (A) In the case of a person eligible to re- or patents. bership of a judge serving on the Court under ceive retired pay under subchapter V of this section shall not be taken into account. ‘‘(4) The Attorney General shall furnish chapter 72 of title 38, United States Code, or the Commission with such legal representa- SEC. 402. MODIFIED TERMS FOR CERTAIN a retirement annuity under subchapter III of JUDGES OF UNITED STATES COURT tion as the Commission may require under chapter 83 or subchapter II of chapter 84 of paragraph (3). The Secretary of Defense shall OF APPEALS FOR VETERANS title 5, United States Code, as applicable, an CLAIMS. provide representation for the Commission amount equal to one-half of the amount of (a) MODIFIED TERMS.—Notwithstanding in administrative proceedings before the the current salary payable to a judge of the section 7253(c) of title 38, United States Code, Patent and Trademark Office and Copyright Court under chapter 72 of title 38, United the term of any judge of the Court who is ap- Office. States Code, having a status on the Court pointed to a position on the Court that be- ‘‘(5) Section 203 of title 17 shall not apply equivalent to the highest status on the Court comes vacant in 2004 shall be 13 years. to any copyright transferred in any manner attained by the person. (b) ELIGIBILITY FOR RETIREMENT.—(1) For to the Commission.’’. (B) In the case of a person not eligible to purposes of determining the eligibility to re- TITLE IV—UNITED STATES COURT OF receive such retired pay or such retirement tire under section 7296 of title 38, United APPEALS FOR VETERANS CLAIMS annuity, an amount equal to the amount of States Code, of a judge appointed as de- SEC. 401. TEMPORARY SERVICE OF CERTAIN current salary payable to a judge of the scribed in subsection (a)— JUDGES OF UNITED STATES COURT Court under such chapter 72 having a status (A) the age and service requirements in the OF APPEALS FOR VETERANS CLAIMS on the Court equivalent to the highest status table in paragraph (2) shall apply to the UPON EXPIRATION OF THEIR TERMS on the Court attained by the person. judge instead of the age and service require- OR RETIREMENT. (2) Amounts paid under this subsection to ments in the table in subsection (b)(1) of that (a) AUTHORITY FOR TEMPORARY SERVICE.— a person described in paragraph (1)(A)— section that would otherwise apply to the (1) Notwithstanding subsection (c) of section (A) shall not be treated as— judge; and 7253 of title 38, United States Code, and sub- (i) compensation for employment with the (B) the minimum years of service applied ject to the provisions of this section, a judge United States for purposes of section 7296(e) to the judge for eligibility to retire under of the Court whose term on the Court expires of title 38, United States Code, or any provi- the first sentence of subsection (b)(2) of that in 2004 or 2005 and completes such term, or sion of title 5, United States Code, relating section shall be 13 years instead of 15 years. who retires from the Court under section to the receipt or forfeiture of retired pay or (2) The age and service requirements in 7296(b)(1) of such title, may continue to serve retirement annuities by a person accepting this paragraph are as follows: on the Court after the expiration of the compensation for employment with the judge’s term or retirement, as the case may United States; or The judge has attained And the years of service be, without reappointment for service on the age: as a judge are at least (ii) pay for purposes of deductions or con- 65 ...... 13 Court under such section 7253. tributions for or on behalf of the person to 66 ...... 13 (2) A judge may continue to serve on the retired pay under subchapter V of chapter 72 67 ...... 13 Court under paragraph (1) only if the judge of title 38, United States Code, or under 68 ...... 12 submits to the chief judge of the Court writ- chapter 83 or 84 of title 5, United States 69 ...... 11 ten notice of an election to so serve 30 days Code, as applicable; but 70 ...... 10 before the earlier of— (B) may, at the election of the person, be SEC. 403. TEMPORARY AUTHORITY FOR VOL- (A) the expiration of the judge’s term on treated as pay for purposes of deductions or UNTARY SEPARATION INCENTIVES the Court as described in that paragraph; or contributions for or on behalf of the person FOR CERTAIN JUDGES ON UNITED (B) the date on which the judge meets the to a retirement or other annuity, or both, STATES COURT OF APPEALS FOR age and service requirements for eligibility under subchapter V of chapter 72 of title 38, VETERANS CLAIMS. for retirement set forth in section 7296(b)(1) United States Code, or under chapter 83 or 84 (a) TEMPORARY AUTHORITY.—A voluntary of such title. of title 5, United States Code, as applicable. separation incentive payment may be paid in (3) The total number of judges serving on (3) Amounts paid under this subsection to accordance with this section to any judge of the Court at any one time, including the a person described in paragraph (1)(B) shall the Court described in subsection (c). judges serving under this section, may not be treated as pay for purposes of deductions (b) AMOUNT OF INCENTIVE PAYMENT.—The exceed 7. or contributions for or on behalf of the per- amount of a voluntary separation incentive

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10654 CONGRESSIONAL RECORD — SENATE September 8, 1999 payment paid to a judge under this section ORDERS FOR THURSDAY, To be general shall be $25,000. SEPTEMBER 9, 1999 GEN. THOMAS A. SCHWARTZ, 0000. (c) COVERED JUDGES.—A voluntary separa- FOREIGN SERVICE tion incentive payment may be paid under Mr. BROWNBACK. Madam President, I ask unanimous consent that when the THE FOLLOWING-NAMED CAREER MEMBERS OF THE this section to any judge of the Court who— SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- (1) meets the age and service requirements Senate completes its business today, it NATIONAL DEVELOPMENT FOR PROMOTION IN THE SEN- for retirement set forth in section 7296(b)(1) stand adjourned until the hour of 9:30 IOR FOREIGN SERVICE TO THE CLASSES INDICATED: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE of title 38, United States Code, as of the date a.m. on Thursday, September 9. I fur- OF THE UNITED STATES OF AMERICA, CLASS OF CAREER on which the judge retires from the Court; ther ask consent that on Thursday, im- MINISTER: (2) submits a notice of an intent to retire mediately following the prayer, the GEORGE CARNER, OF CALIFORNIA in accordance with subsection (d); and Journal of proceedings be approved to WILLIAM S. RHODES, OF VIRGINIA (3) retires from the Court under that sec- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE tion not later than 30 days after the date on date, the morning hour be deemed ex- OF THE UNITED STATES OF AMERICA, CLASS OF MIN- which the judge meets such age and service pired, the time for the two leaders be ISTER-COUNSELOR: requirements. reserved for their use later in the day, ELENA BRINEMAN, OF VIRGINIA and the Senate immediately begin LISA CHILES, OF THE DISTRICT OF COLUMBIA (d) NOTICE OF INTENT TO RETIRE.—(1) A DIRK W. DIJKERMAN, OF NEW YORK judge of the Court seeking payment of a vol- three consecutive votes as previously LEWIS W. LUCKE, OF TEXAS untary separation incentive payment under ordered. WALTER E. NORTH, OF WASHINGTON this section shall submit to the President THE FOLLOWING-NAMED CAREER MEMBERS OF THE The PRESIDING OFFICER. Without FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL and Congress a timely notice of an intent to objection, it is so ordered. DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- retire from the Court, together with a re- EIGN SERVICE: quest for payment of the voluntary separa- f CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF COUN- tion incentive payment. PROGRAM SELOR: (2) A notice shall be timely submitted JAMES R. BONNELL, OF VIRGINIA under paragraph (1) only if submitted— Mr. BROWNBACK. For the informa- DAVID E. ECKERSON, OF WASHINGTON (A) not later than one year before the date tion of all Senators, the Senate will WILLIAM A. JEFFERS, OF FLORIDA RODNEY W. JOHNSON, OF VIRGINIA of retirement of the judge concerned from convene at 9:30 a.m. and begin a series DEBRA D. MC FARLAND, OF FLORIDA the Court; or of three stacked votes. The first vote is B. EILENE OLDWINE, OF NEW YORK (B) in the case of a judge whose retirement on cloture on the motion to proceed to MARY CATHERINE OTT, OF MARYLAND from the Court will occur less than one year MICHAEL CROOKS TROTT, OF VIRGINIA the Transportation appropriations bill. STEVEN G. WISECARVER, OF VIRGINIA after the date of the enactment of this Act, not later than 30 days after the date of the That will be followed by a vote on or in THE FOLLOWING-NAMED CAREER MEMBERS OF THE relation to the Bond amendment, No. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF enactment of this Act. STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- (e) DATE OF PAYMENT.—A voluntary sepa- 1621, and, third, the Robb amendment, ICE TO THE CLASSES INDICATED: No. 1583. Following the votes, the Sen- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ration incentive payment may be paid to a OF THE UNITED STATES OF AMERICA, CLASS OF CAREER judge of the Court under this section only ate will resume consideration of the MINISTER: upon the retirement of the judge from the pending Hutchison amendment regard- JOHNNIE CARSON, OF ILLINOIS Court. ing oil royalties. Further amendments RYAN CLARK CROCKER, OF WASHINGTON MARC I. GROSSMAN, OF VIRGINIA (f) TREATMENT OF PAYMENT.—A voluntary and votes are expected throughout to- DONNA JEAN HRINAK, OF PENNSYLVANIA separation incentive payment paid to a judge morrow’s session of the Senate, with A. ELIZABETH JONES, OF MARYLAND under this section shall not be treated as pay the anticipation of completing action B. LYNN PASCOE, OF MISSOURI for purposes of contributions for or on behalf CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE of the judge to retired pay or a retirement or on the bill. OF THE UNITED STATES OF AMERICA, CLASS OF MIN- other annuity under subchapter V of chapter f ISTER-COUNSELOR: 72 of title 38, United States Code. MICHAEL R. ARIETTI, OF CONNECTICUT ADJOURNMENT UNTIL 9:30 A.M. JOHN R. BACA, OF TEXAS (g) ELIGIBILITY FOR TEMPORARY SERVICE ON ROBYN M. BISHOP, OF FLORIDA COURT.—A judge seeking payment of a vol- TOMORROW WILLIAM J. BRENCICK, OF MISSOURI untary separation incentive payment under STEVEN ROBERT BUCKLER, OF NEW HAMPSHIRE Mr. BROWNBACK. If there is no fur- R. NICHOLAS BURNS, OF VIRGINIA this section may serve on the Court under ther business to come before the Sen- SHAUN M. BYRNES, OF CALIFORNIA section 401 if eligible for such service under ate, I ask unanimous consent that the JAMES C. CASON, OF FLORIDA that section. RICHARD A. CHRISTENSON, OF WISCONSIN Senate stand in adjournment under the JOHN R. DAWSON, OF NEW YORK (h) SOURCE OF PAYMENTS.—Amounts for previous order. ALAN W. EASTHAM, JR., OF ARKANSAS voluntary separation incentive payments ERIC S. EDELMAN, OF VIRGINIA There being no objection, the Senate, M. MICHAEL EINIK, OF VIRGINIA under this section shall be derived from W. DOUGLAS FRANK, OF MARYLAND amounts available for payment of salaries at 8:37 p.m., adjourned until Thursday, DANIEL FRIED, OF THE DISTRICT OF COLUMBIA and benefits of judges of the Court. September 9, 1999, at 9:30 a.m. MICHAEL F. GALLAGHER, OF PENNSYLVANIA MAURA HARTY, OF FLORIDA (i) EXPIRATION OF AUTHORITY.—A voluntary f KEVIN F. HERBERT, OF NEW YORK separation incentive payment may not be CHRISTOPHER ROBERT HILL, OF RHODE ISLAND paid under this section to a judge who retires NOMINATIONS DAVID T. HOPPER, OF VIRGINIA FRANKLIN HUDDLE, JR., OF CALIFORNIA from the Court after December 31, 2002. Executive nominations received by VICKI J. HUDDLESTON, OF MARYLAND SEC. 404. DEFINITION. MARIE T. HUHTALA, OF CALIFORNIA the Senate September 8, 1999: DAVID TIMOTHY JOHNSON, OF TEXAS In this title, the term ‘‘Court’’ means the WAYNE E. JULIAN, OF TEXAS DEPARTMENT OF THE TREASURY United States Court of Appeals for Veterans SCOTT MARK KENNEDY, OF CALIFORNIA JIMMY J. KOLKER, OF SOUTH DAKOTA Claims. JAY JOHNSON, OF WISCONSIN, TO BE DIRECTOR OF THE MINT FOR A TERM OF FIVE YEARS, VICE PHILIP N. GEORGE C. LANNON, OF TEXAS DIEHL, TERM EXPIRED. JOSEPH ROBERT MANZANARES, OF COLORADO The title was amended so as to read: THOMAS H. MARTIN, OF CALIFORNIA ‘‘A bill To amend title 38, United AFRICAN DEVELOPMENT BANK NANCY M. MASON, OF THE DISTRICT OF COLUMBIA BARBRO A. OWENS-KIRKPATRICK, OF CALIFORNIA States Code, to enhance programs pro- WILLENE A. JOHNSON, OF NEW YORK, TO BE UNITED GARY DEAN PENNER, OF NEBRASKA viding health care and other benefits STATES DIRECTOR OF THE AFRICAN DEVELOPMENT STEVEN KARL PIFER, OF CALIFORNIA BANK FOR A TERM OF FIVE YEARS, VICE ALICE MARIE MICHAEL CHRISTIAN POLT, OF TENNESSEE for veterans, to authorize major med- DEAR, TERM EXPIRED. WILLIAM PINCKNEY POPE, OF VIRGINIA ical facility projects, to reform eligi- DEPARTMENT OF STATE NANCY J. POWELL, OF IOWA TIMOTHY E. RODDY, OF VIRGINIA bility for burial in Arlington National JOSEPH W. PRUEHER, OF TENNESSEE, TO BE AMBAS- VLADIMIR PETER SAMBAIEW, OF TEXAS Cemetery, and for other purposes.’’. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF STEPHEN A. SCHLAIKJER, OF FLORIDA THE UNITED STATES OF AMERICA TO THE PEOPLE’S RE- DEBORAH RUTH SCHWARTZ, OF MARYLAND PUBLIC OF CHINA. CATHERINE MUNNELL SMITH, OF CONNECTICUT f ROBERT J. SMOLIK, OF CALIFORNIA DEPARTMENT OF JUSTICE TERRY R. SNELL, OF WASHINGTON MARK REID TUCKER, OF NORTH CAROLINA, TO BE JAMES VANDERHOFF, OF TEXAS ORDER FOR STAR PRINT—S. 1547 UNITED STATES MARSHAL FOR THE EASTERN DISTRICT LINDA E. WATT, OF VIRGINIA OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, GRETCHEN GERWE WELCH, OF CALIFORNIA WALLACE RAY WILLIAMS, OF WASHINGTON Mr. BROWNBACK. Madam President, VICE WILLIAM I. BERRYHILL, TO WHICH POSITION HE WAS APPOINTED DURING THE LAST RECESS OF THE SEN- THE FOLLOWING-NAMED CAREER MEMBERS OF THE I ask unanimous consent that S. 1547 be ATE. FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR star printed with the changes that are IN THE ARMY FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- SULAR OFFICERS AND SECRETARIES IN THE DIPLO- at the desk. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATIC SERVICE, AS INDICATED: The PRESIDING OFFICER. Without IN THE UNITED STATES ARMY TO THE GRADE INDICATED CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND OF THE UNITED STATES OF AMERICA, CLASS OF COUN- objection, it is so ordered. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SELOR:

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BERNARD ALTER, OF COLORADO IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF NATHANIEL GRAHAM JENSEN, OF NEW HAMPSHIRE DIANNEMCINTYRE ANDRUCH, OF ARIZONA AMERICA: WILLIAM B. JOHNSON, OF FLORIDA KAY L. ANSKE, OF TEXAS SANFORD N. OWENS, OF WASHINGTON JANICE L. JORDAN, OF VIRGINIA KATHLEEN THERESE AUSTIN, OF THE DISTRICT OF CO- GREGORY S. TAEVS, OF CALIFORNIA EMIRA C. KASEM, OF VIRGINIA LUMBIA ROBERT EARL KEMP, OF KENTUCKY PERRY EDWIN BALL, OF GEORGIA DEPARTMENT OF STATE CLIFFORD T. KNIGHT, OF VIRGINIA MARCIA S. BERNICAT, OF NEW JERSEY JONATHAN KORACH, OF VIRGINIA JANET L. HENNEKE, OF TEXAS JANET L. BOGUE, OF WASHINGTON WILLIAM HENRY LAITINEN, OF THE DISTRICT OF COLUM- TERRY ALAN BREESE, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF BIA JUDSON L. BRUNS III, OF COLORADO CLASS THREE, CONSULAR OFFICERS AND SECRETARIES DAVID MICHAEL LAMONTAGNE, OF NORTH CAROLINA DONALD CAMP, OF MARYLAND IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MICHAEL E. LATHAM, OF VIRGINIA ROBERT F. CEKUTA, OF NEW YORK AMERICA, EFFECTIVE JUNE 28, 1996: MICHAEL JOHN LAYNE, OF VIRGINIA HARLAN K. COHEN, OF CONNECTICUT VAL J. LETELLIER, OF CALIFORNIA FREDERICK BISHOP COOK, OF FLORIDA DONALD LEROY MOORE, OF FLORIDA TIMOTHY J. LUNARDI, OF PENNSYLVANIA BOHDAN DMYTREWYCZ, OF VIRGINIA JOSEPH A. MARR, OF ILLINOIS EDWARD K. H. DONG, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN AMY MARIE MASON, OF MAINE STEPHEN ANTHONY EDSON, OF KANSAS SARAH MICHELLE MATHAI, OF CONNECTICUT JAMES A. FORBES, OF NEVADA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA: LAURA ANN MC CALLUM, OF TEXAS JAMES JOHN FOSTER, OF THE DISTRICT OF COLUMBIA TERRY WILLIAM MC CONNAUGHEY, OF MARYLAND DEBORAH E. GRAZE, OF VIRGINIA VICTORIA ANNE LIEBER ALVARADO, OF CALIFORNIA MIKAEL C. MC COWAN, OF NEW YORK ROSEMARY ELLEN HANSEN, OF VIRGINIA INDRAN J. AMIRTHANAYAGAM, OF NEW YORK DANIEL F. MC CULLOUGH, OF OHIO JOHN J. HARTLEY II, OF SOUTH CAROLINA DANIEL BAZAN, OF TEXAS ANDREW EUGENE MC DAVID, JR., OF COLORADO JOSEPH HILLIARD, JR., OF WASHINGTON WILLIAM DAVID BENT, OF MASSACHUSETTS KIMBERLY A. MC DONALD, OF VIRGINIA JOSEPH HUGGINS, OF THE DISTRICT OF COLUMBIA DAVID C. BROOKS, OF CONNECTICUT JOHN ROSS MC GUIRE, OF VIRGINIA MIRIAM KAHAL HUGHES, OF FLORIDA ROBIN D. DIALLO, OF CALIFORNIA KEVIN L. MC NEIL, OF TENNESSEE MARK HANSLEY JACKSON, OF FLORIDA PATRICIA L. FIETZ, OF NEW YORK JONATHAN R. MENNUTI, OF TEXAS JAMES ROBERT KEITH, OF FLORIDA NICHOLAS JOSEPH GIACOBBE, JR., OF VIRGINIA TODD H. MILLICK, OF MARYLAND GEORGE ALBERT KROL, OF NEW JERSEY ANTHONY R. GIOVANNIELLO, OF CALIFORNIA JOAQUIN F. MONSERRATE, OF PUERTO RICO HELEN R. MEAGHER LALIME, OF FLORIDA KATHARINA P. GOLLNER-SWEET, OF VIRGINIA GREGORY R. C. MORRISON, OF THE DISTRICT OF COLUM- ROBERT G. LOFTIS, OF COLORADO PATRICIA H.H. GUY, OF FLORIDA BIA STEPHEN GEORGE MC FARLAND, OF TEXAS ALAN RAND HOLST, OF TEXAS AMANDA CELESTE MORROW, OF TEXAS JAMES D. MC GEE, OF INDIANA VICTOR J. HUSER, OF TEXAS MARK MOTLEY, OF NEW YORK WILLIAM J. MC GLYNN, JR., OF VIRGINIA FARNAZ KHADEM, OF CALIFORNIA HERRO K. MUSTAFA, OF VIRGINIA P. MICHAEL MC KINLEY, OF CONNECTICUT ARTHUR H. MARQUARDT, OF MICHIGAN JOHN H. NAEHER, OF VIRGINIA JOHN L. MORAN, OF NEW YORK VONDA GAY NICHOLS, OF TEXAS JOSEPH ADAMO MUSSOMELI, OF TEXAS CONSTANTINOS C. NICOLAIDIS, OF WASHINGTON CHRISTOPHER GREGORY PALMER, OF VIRGINIA GLENN CARLYLE NYE III, OF VIRGINIA DAVID DANIEL NELSON, OF SOUTH DAKOTA GREGORY C. PATRICK, OF CALIFORNIA WANDA LETITIA NESBITT, OF PENNSYLVANIA NEIL M. O’CONNOR, OF MASSACHUSETTS DAVID MATTHEW PURL, OF CALIFORNIA HUGUES OGIER, OF HAWAII STEPHEN VANCE NOBLE, OF VERMONT MARK M. SCHLACHTER, OF NEBRASKA VICTORIA NULAND, OF CONNECTICUT MORGAN ANDREW PARKER, OF MISSOURI ANN G. SORAGHAN, OF VIRGINIA LIZA PETRUSH, OF THE DISTRICT OF COLUMBIA MAURICE S. PARKER, OF CALIFORNIA DONN-ALLAN GERARD TITUS, OF FLORIDA HOWARD T. PERLOW, OF VIRGINIA ROBERT B. PICKELL, OF VIRGINIA STEWARD D. TUTTLE, JR., OF CALIFORNIA JENNIFER RASAMIMANANA, OF CALIFORNIA JUNE CARTER PERRY, OF THE DISTRICT OF COLUMBIA SUSAN M. WALSH, OF ALABAMA CARL C. RISCH, OF PENNSYLVANIA LOUIS M. POSSANZA, OF VIRGINIA WILLIAM J. WEISSMAN, OF CALIFORNIA KAREN E. ROBBLEE, OF NEW YORK CHARLES AARON RAY, OF TEXAS ROBERT A. ZIMMERMAN, OF NEW JERSEY JOHN ALEXANDER RITCHIE, OF VIRGINIA ROBERT C. RUEHLE, OF NEW YORK CAROL ANN RODLEY, OF MAINE THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN LINDA A. ROUSE, OF VIRGINIA EARLE ST. AUBIN SCARLETT, OF CALIFORNIA SERVICE OF THE DEPARTMENTS OF COMMERCE AND MEREDITH L. SAGER, OF VIRGINIA JACK DAVID SEGAL, OF CALIFORNIA STATE TO BE CONSULAR OFFICERS AND/OR SECRE- SUZANNE R. SENE, OF VIRGINIA THOMAS ALFRED SHANNON, JR., OF FLORIDA TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED KIER MAY SEXTON, OF VIRGINIA PAMELA JO H. SLUTZ, OF TEXAS STATES OF AMERICA, AS INDICATED: EUGENIA MARIA SIDEREAS, OF ILLINOIS DAVID CARTER STEWART, OF TEXAS CONSULAR OFFICERS AND SECRETARIES IN THE DIP- CHARAZED SIOUD, OF MARYLAND HOWARD STOFFER, OF NEW YORK LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: L. REECE SMYTH, JR., OF TEXAS ELEANOR BLY SUTTER, OF NEW YORK MICHAEL J. SOLBERG, OF ARKANSAS BRUCE EDWIN THOMAS, OF CALIFORNIA JESSAMYN FAY ALLEN, OF TEXAS MICHELLE A. SOLINSKY, OF WASHINGTON THOMAS JOSEPH TIERNAN, OF ILLINOIS JOSHUA C. ARCHIBALD, OF CALIFORNIA SHAYNA STEINGER SINGH, OF IOWA CRAIG STUART TYMESON, OF FLORIDA DAVID ASHLEY BAGWELL, JR., OF ALABAMA FOSTER STOLTE, OF MARYLAND CAROL VAN VOORST, OF VIRGINIA KIMBERLEY S. BARR, OF TEXAS TODD R. STONE, OF COLORADO PHILIP R. WALL, OF WASHINGTON JOHN P. BARRY, JR., OF NEW YORK SIMS THOMAS, OF OREGON DONALD EUGENE WELLS, OF ILLINOIS MICHAEL C. BARRY, OF VIRGINIA DU D. TRAN, OF THE DISTRICT OF COLUMBIA GEORGE MC DONALD WHITE, OF INDIANA GREGORY W. BAYER, OF CONNECTICUT ANDREW JASON TREGO, OF KANSAS JAMES G. WILLIARD, OF FLORIDA MITCHELL PETER BENEDICT, OF VIRGINIA VALDA MAIJA VIKMANIS, OF MINNESOTA JAMES HOWARD YELLIN, OF PENNSYLVANIA NICHOLAS RICHARD BERLINER, OF CONNECTICUT CAROL J. VOLK, OF NEW YORK AUDU MARK E. BESMER, OF CONNECTICUT AMY HART VRAMPAS, OF FLORIDA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, DAVID B. BINGHAM, OF THE DISTRICT OF COLUMBIA PATRICIA M. WAGNER, OF TEXAS CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND RICHARD LEE BUANGAN, OF CALIFORNIA PAUL SHANE WATZLAVICK, OF TEXAS SECRETARIES IN THE DIPLOMATIC SERVICE OF THE AMY CHRISTINE CARLON, OF TEXAS JONATHAN K. WEBSTER, OF THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA: AMY A. CARNIE, OF NEW HAMPSHIRE JONATHAN CRAIG WEYER, OF NEW JERSEY LEE FRANCIS CISSNA, OF MARYLAND M. AUDREY ANDERSON, OF OREGON TODD M. WILCOX, OF FLORIDA DAVID L. CITRON, OF VIRGINIA COOPER J. WIMMER, OF PENNSYLVANIA TONY R. BELL, OF TEXAS JOHN DAVID COCKRELL, OF OHIO JACK A. BLAIR, JR., OF VIRGINIA AMY ELAINE WISGERHOF, OF CALIFORNIA THOMAS MCKINNEY COLEMAN II, OF MISSISSIPPI KAMI A. WITMER, OF PENNSYLVANIA GERALD L. DE SALVO, OF FLORIDA ARTHUR F. COLETTA, OF MARYLAND MARTIN T. DONNELLY, OF VIRGINIA JENNIFER FOREST YANG, OF CALIFORNIA ROBERT ALLYN COLLINS, OF TEXAS HUGO YON, OF CALIFORNIA JOHN F. DURBIN, OF OHIO CARLOS REX CRIGGER, OF VIRGINIA BARBARA L. KOCH, OF NEW YORK FENWICK W. YU, OF MARYLAND JASON R. CUBAS, OF FLORIDA ZAID ABDULLAH ZAID, OF MARYLAND JAMES A. MC WHIRTER, OF FLORIDA AIMEE CUTRONA, OF CALIFORNIA GRETCHEN A. MC COY, OF NEBRASKA CHARLES W. DAVIS, JR., OF TEXAS THE FOLLOWING-NAMED CAREER MEMBER OF THE RONALD L. MILLER, OF MICHIGAN ROBERT ANDREW DICKSON III, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR RALPH W. MOORE, OF FLORIDA MATTHEW S. DOLBOW, OF CONNECTICUT PROMOTION IN THE SENIOR FOREIGN SERVICE AS INDI- JOE D. MORTON, OF MARYLAND J. BRIAN DUGGAN, OF TEXAS CATED, EFFECTIVE DECEMBER 7, 1997: JOHN C. MURPHY, OF VIRGINIA DEBRA L. DYMERSKY, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE ALAN M. NATHANSON, OF VIRGINIA DANIEL W. EBERT, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- SUSAN H. SWART, OF FLORIDA MARK DARYL ERICKSON, OF NEW HAMPSHIRE SELOR: JOHN LEE ESPINOZA, OF TEXAS THE FOLLOWING-NAMED PERSONS OF THE AGENCIES STEPHEN R. KELLY, OF NEW HAMPSHIRE INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- JAMES DOUGLAS FELLOWS, OF MARYLAND FICERS OF THE CLASSES STATED, AND ALSO FOR THE AARON D. FISHMAN, OF THE DISTRICT OF COLUMBIA THOMAS R. FLADLAND, OF SOUTH DAKOTA OTHER APPOINTMENTS INDICATED HEREWITH: f FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ANDREW L. FLASHBERG, OF CALIFORNIA CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE ALAN GUNNAR FREY, OF VIRGINIA DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- LYNNE BRETT GADKOWSKI, OF NEW HAMPSHIRE ICA: DOUGLAS B. GALLOWAY, OF MARYLAND CONFIRMATIONS GREGORY NELSON GARDNER, OF CALIFORNIA DEPARTMENT OF STATE GREGORY LAWRENCE GARLAND, OF FLORIDA Executive Nominations confirmed by BRIAN JOSEPH GEORGE, OF COLORADO RUEBEN MICHAEL RAFFERTY, OF VIRGINIA ROBERT W. GERBER, OF NORTH CAROLINA the Senate September 8, 1999: FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ETHAN GLICK, OF MARYLAND THE JUDICIARY CLASS TWO, CONSULAR OFFICER AND SECRETARY IN ANN M. GOUGH, OF MASSACHUSETTS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SIMON R. HANKINSON, OF FLORIDA ADALBERTO JOSE JORDAN, OF FLORIDA, TO BE UNITED AMERICA: KEITH LEE HEFFERN, OF VIRGINIA STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT MAURA F. HENNESSY-SHAW, OF THE DISTRICT OF CO- OF FLORIDA. DEPARTMENT OF COMMERCE LUMBIA MARSHA J. PECHMAN, OF WASHINGTON, TO BE UNITED RICHARD R. CRAIG, OF CONNECTICUT J. DENVER HERREN, OF OKLAHOMA STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT CHING-HSIU SHERRY HONG, OF FLORIDA OF WASHINGTON. FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF WILLIAM DENNIS HOWARD, OF CALIFORNIA CARLOS MURGUIA, OF KANSAS, TO BE UNITED STATES CLASS THREE, CONSULAR OFFICERS AND SECRETARIES BRIAN D. JENSEN, OF CALIFORNIA DISTRICT JUDGE FOR THE DISTRICT OF KANSAS.

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