E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, WEDNESDAY, SEPTEMBER 23, 1998 No. 128 Senate The Senate met at 9:30 a.m. and was long last, I think we are going to be Lott (for Grassley/Hatch) Amendment No. called to order by the President pro able to complete action on this legisla- 3559, in the nature of a substitute. tempore [Mr. THURMOND]. tion and get it into conference and give Mr. DURBIN addressed the Chair. us a good opportunity then to get this The PRESIDING OFFICER. The Sen- PRAYER work completed by the session’s end. ator from Illinois is recognized. The Chaplain, Dr. Lloyd John It is expected that several amend- Ogilvie, offered the following prayer: ments will be offered and debated this Mr. DURBIN. Mr. President, I thank God our Father, we pause in the morning, with a stacked series of roll- the majority leader for announcing the midst of the changes and challenges of call votes occurring at approximately schedule this morning. Those who have life to receive a fresh experience of 11:45 a.m. It looks like there will be followed the last few days of Senate de- Your goodness. You are consistent; You two votes, probably, in that sequence, bate know we are considering a reform constantly fulfill Your plans and pur- at 11:45. Those votes will hopefully in- of the bankruptcy code. We will be poses; and You are totally reliable. clude passage of bankruptcy legisla- joined shortly by the Senator from There is no shadow of turning with tion. Following disposition of that bill, Connecticut, Senator DODD, who will You; as You have been, You will be for- the Senate may consider any other leg- offer an amendment. ever. All of Your attributes are islative or executive items cleared for For those who have not paid atten- summed up in Your goodness. It is the action. tion to this debate, I hope that they password for Your presence, the At this time, I believe we will prob- have followed at least the outline of it metonym for Your majesty, and the ably go to the Internet taxation bill. and understand that what we are about synonym for Your strength. Your good- Although we have had discussions with is to try to change the bankruptcy ness is generosity that You define. It is the Democratic leadership, no further code in a way that will reduce abusive Your abundant, unqualified love poured agreements have been reached on other filings—in other words, people who out in graciousness and compassion. bills. I wanted to put the managers of may be going into bankruptcy court to You are good when circumstances seem that legislation, Internet taxation, on file for bankruptcy in a situation bad. When we ask for Your help, Your notice that we may very well go to where they can, in fact, pay back ei- goodness can bring what is best out of that, which would be shortly in the ther their debts or a sizable portion of the most complicated problems. afternoon. those debts. We have tried to address Thank You for Your goodness given From 10 until 11 o’clock, there will be this at several different levels. We have so lavishly to our Nation throughout a ceremony in the Rotunda where the had a spirited debate about how to do our history. Today, we turn again to Hon. Nelson Mandela will receive the it. You for Your guidance about what is Congressional Gold Medal. A number of Senators will be involved in that cere- We understand the complexity of good for our country. Keep us grounded this. Historically, there has been a na- in Your sovereignty, rooted in Your mony. We will continue to work on this bill, but we will defer votes until after tional commission which has taken a Commandments, and nurtured by the look at this rather complicated area of absolutes of Your truth and righteous- that ceremony is over. I yield the floor. the law. I find myself in an unusual po- ness. May Your goodness always be the sition here, having worked with my source of our Nation’s greatness. In the f staff and studied this issue for a year, Name of our Lord and Savior. Amen. CONSUMER BANKRUPTCY REFORM because I come to this with an inter- f ACT OF 1998 esting experience when it comes to RECOGNITION OF THE MAJORITY The PRESIDING OFFICER (Mr. BEN- bankruptcy law. Thirty years ago, I LEADER NETT). Under the previous order, the took a course in bankruptcy in law school. Twenty years ago, I was ap- The PRESIDENT pro tempore. The Senate will now resume consideration pointed trustee of a bankruptcy in my able majority leader, Senator LOTT of of S. 1301, which the clerk will report. hometown of Springfield, IL, in one Mississippi, is recognized. The assistant legislative clerk read case. Now I bring that wealth of experi- f as follows: A bill (S. 1301) to amend title 11, United ence to this debate in an attempt to SCHEDULE States Code, to provide for consumer bank- try to find our way through a very Mr. LOTT. Mr. President, this morn- ruptcy protection, and for other purposes. complicated area of the law. It was in- ing, the Senate will immediately re- The Senate resumed consideration of teresting. sume consideration of S. 1301, the Con- the bill. Yesterday, when I spoke to a col- sumer Bankruptcy Protection Act. At Pending: league of mine about bankruptcy, she

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

S10739

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VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10740 CONGRESSIONAL RECORD — SENATE September 23, 1998 had said that she was surprised to learn come into court have to be, in fact, de- 1986) at least 180 days before the date of how few people file bankruptcy with in- serving of bankruptcy procedure, and entry of the order for relief.’’. comes over $50,000 a year. I told her that those who extend credit in this Mr. DODD. Mr. President, this that the average income of a person fil- country have to be more open and hon- amendment is a third amendment to ing for bankruptcy in the United est in the way that they deal with con- two others that have been offered and States of America is less than $18,000. sumers. I think that is the right bal- have actually been included in the So folks who are going into bankruptcy ance. It still puts the burden on each of managers’ amendment. court, by and large, are people of very us to make the right decisions for our- I thank, again, Senator HATCH, Sen- limited means. The average debt of the selves and our families. It gives us the ator DURBIN, Senator GRASSLEY, and person going into bankruptcy court is information about the credit card com- others for their consideration. about $28,000. panies to make that decision more This amendment, the third, is de- So if we are out to stop the high roll- knowledgeably and with an under- signed to protect children who through ers and the abusers of the system, I standing of what we are getting into. no fault of their own are involved in hope that we take care in this bill, as At this time, I see my colleague from bankruptcy. It provides legal and le- well as in conference, to protect the the State of Connecticut is here to gitimate college savings accounts es- vast majority of people petitioning the offer his amendment under the unani- tablished for the benefit of children bankruptcy court for relief of their mous consent agreement. which will be beyond the reach of debts, who are, in fact, in lower-income Mr. DODD addressed the Chair. creditors. categories, with a debt that is beyond The PRESIDING OFFICER. Under This amendment parallels Senator their comprehension or at least their the previous order, the Senator from HATCH’s provisions to protect retire- control. Connecticut is recognized to offer an ment savings accounts, and particu- As we go about these changes, I am amendment regarding student loans on larly contains measures to prevent glad to see that we have included which there will be 15 minutes: 10 min- fraudulent transfers of assets intended amendments that not only try to tight- utes under the control of the Senator solely to avoid the rightful reach of en up the procedures in the bankruptcy from Connecticut, and 5 minutes under creditors. So we have written into this court, but also say to the people in the the control of the Senator from Iowa. the exact same kind of parallel provi- credit industry that they have an equal The Senator from Connecticut. sions that the seniors’ retirement ac- obligation here. We want you to con- Mr. DODD. Mr. President, first of all, counts include. tinue to extend credit across America we want to wrap this bill up, I gather, The amendment complements other so that American families and busi- fairly quickly. I want to extend my provisions that are included in the nesses can use credit cards and second congratulations to Senator GRASSLEY managers’ amendment. Those provi- mortgages and other things to finance of Iowa, Senator HATCH, my colleague sions ensure that the lawful funds for their lives and businesses; but we want from Utah, and Senator DURBIN, the the benefit of children—such as child you to be certain that you follow some manager for this side of the aisle on support, disability payments, and fos- rules, too. this legislation. It has been a long jour- ter care payments—would also be pre- We have talked a lot about personal ney for them, I know, in committee in served for children and not creditors. responsibility here when it comes to trying to deal with this legislation. I Again, that goes back almost 100 consumers. I think that is a valid ob- am particularly grateful for the cour- years in trying to see to it that inno- servation. We also want to speak to tesies which they have extended to me, cent children are not going to be corporate responsibility, so that those and for the various ideas we have had harmed and hurt as a result of this who are peddling these credit cards for inclusion in this legislation. process. around the country, in fact, give full AMENDMENT NO. 3614 TO AMENDMENT NO. 3559 In addition, we agreed that household disclosure to the would-be consumers (Purpose: To improve certain bankruptcy goods exclusively and primarily for about the terms. Many of us will go procedures relating to dependent children) children, such as toys, children’s fur- home tonight and look through the Mr. DODD. Mr. President, with that nishings, and items used by parents mail, and you know what you are going in mind, I send an amendment to the provided for their children, would also to find—a stack of preapproved credit desk. be protected. card applications. It is luring. People The PRESIDING OFFICER. The Again, it was a consensus. I commend say: This can be easy. I will take all clerk will report. my colleagues for recognizing that my debts and put them on one card. The assistant legislative clerk read these issues are important as well. Look at this low interest rate; this is as follows: Taken together, the provisions of terrific. Let’s do this right away. The Senator from Connecticut (Mr. DODD) this amendment and the managers’ Yet, they find that it is a teaser rate proposes an amendment numbered 3614 to amendment will continue the 95-year- and only applies for a few months. If amendment No. 3559. old principle of the bankruptcy code they decide in some instances to pay Mr. DODD. Mr. President, I ask unan- that women and children must be first off their credit card at the end of each imous consent that reading of the in bankrupt credit alliances. month, they may face a penalty. Yes, a amendment be dispensed with. I believe that these important im- penalty for paying off the balance on The PRESIDING OFFICER. Without provements in the bill reinforce the your card because, of course, the com- objection, it is so ordered. historic protections that are given pany makes money if you continue to The amendment is as follows: families in bankruptcy proceedings. really roll over the debt month after At the appropriate place, insert the fol- Those who are innocent and most vul- month and pay interest. lowing: nerable deserve the most protection. Senator REED of Rhode Island suc- SEC.. PROTECTION OF SAVINGS EARMARKED I am very grateful, as I said a mo- cessfully offered an amendment that FOR THE POSTSECONDARY EDUCATION OF CHIL- ment ago, to the chairman of the full said that you have to have full disclo- DREN.—Section 541(b) of title 11, United committee and the subcommittee and sure if that is going to occur, and other States Code, as amended by section 403 of the ranking member, Senator DURBIN, this Act is amended— amendments in this bill try to say to (1) in paragraph (6), by striking the period who has worked hard to ensure these the consumers that you have a right to at the end and inserting a semicolon; and protections for children and families know, too. For example, if you pay the (2) by inserting after paragraph (6) the fol- were not weakened in the pending leg- minimum monthly balance on your lowing: islation. credit card, we have a provision in this ‘‘(7) except as otherwise provided under ap- In the rush that was going on around bill that says you should state right plicable State law, any funds placed in a here a number of weeks ago, we almost under it how long it will take to pay qualified State tuition program (as described blew by these historic protections off the credit card debt and how much in section 529(b) of the Internal Revenue which we provide for families. As a re- Code of 1986) at least 180 days before the date you will pay in interest if you pay the of entry of the order for relief; or sult of their leadership, these protec- minimum monthly amount. ‘‘(8) any funds placed in an education indi- tions have been included in legislation. So we are trying to strike a balance vidual retirement account (as defined in sec- I am confident that in conference they here—a balance that says those who tion 530(b)(1) of the Internal Revenue Code of will preserve them.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10741 This amendment would strengthen for his initiative on this particular derstand that we will do that, and I the principle that children ought to amendment, as well as his contribu- prefer that we do—I commend the Sen- come before credit card companies. tions to this legislation as a whole. ator from Connecticut for his hard Legal proceedings, including bank- We have worked closely on several work on this issue. I have to say that ruptcy proceedings, should be designed issues on this bankruptcy legislation, I think the Senator is on to something to protect against the impoverishment including providing for enhanced pro- here. We ought to encourage parents, of children and innocent adults. Other- tection of domestic and child support obviously, to save for education and to wise, impoverishment will produce de- payments in bankruptcy. And I have protect these savings in bankruptcies. pendency, in which case no one wins— appreciated both his and his staff’s So philosophically we are all on the neither the individual impoverished, dedication, sincerity, and cooperation same page. nor the credit card company. on this important bankruptcy legisla- The problem in a situation like this I also would like to express for the tion. is the devil is in the details, especially record my concern that my colleagues I am sure my colleague, the chair- when it comes to making changes to in conference firmly support the Sen- man of the subcommittee, Senator the bankruptcy code. ate legislation. I think it is critically GRASSLEY, feels the same way. I want to express my concern that important that we hold these provi- Mr. President, this amendment is the amendment of the Senator from sions. well intentioned. I fully support the Connecticut could unintentionally Again, we all recognize the impor- policy of providing enhanced protec- open a loophole for abuse. I understand tance of this legislation. There has tions for educational savings accounts that the Senator from Connecticut is been a flood of people taking advantage in bankruptcy. That is why we have also concerned about this and that he of the Bankruptcy Act. Too many have agreed to this amendment. However, does not want any unintended con- been doing that. This legislation is Senator DODD is aware that I have sequences of his amendment which going to tighten that up considerably. some concerns with the amendment as would allow for more bankruptcy But I think as we call for a higher de- currently drafted, because it may have abuse. gree of responsibility on the part of our the unintended consequence of encour- Accordingly, I intend to continue citizenry when it comes to their fiscal aging and rewarding fraud and abuse in working to improve this amendment so and financial responsibility, it is also bankruptcy. that it accomplishes its goal without I thank the Senator from Con- giving crooks an opportunity to hide incumbent that we ask the credit card necticut for agreeing to work with us and shield their assets during bank- companies to exercise responsibility as on this amendment as this legislation ruptcy proceedings. well. I had similar concerns about the This legislation, I think, strikes a progresses to ensure that it will do just amendment that Senator HATCH of- good balance between stopping the in- what it is intended to do; that is, pro- fered to protect retirement savings. I credible amount of people taking ad- tect funds that have been set aside for think we worked hard and good and ac- vantage of the Bankruptcy Act with the education of the child of the debt- complished a lot with Senator HATCH little or no repercussions, it would ap- or. Some of my specific concerns include to tighten up that amendment. pear, and also seeing to it that the in- the fact that under the amendment as As a result, the amendment that we nocents—particularly children—are not currently drafted the debtor will not passed to protect the retirement ac- going to be adversely affected by this have to disclose the existence of these counts is better and less subject to process. accounts in any way in the bankruptcy abuse. I am sure that we can improve As has been noted by some of our col- case, or the schedules filed with the the amendment by Senator DODD in the leagues over the last week or so, as you court because they are deemed ‘‘not same way. consider this bill, just last year alone 3 the property of the estate.’’ The trust- I yield the floor. billion credit card solicitations were ees will not even know these accounts Mr. DODD. Mr. President, I ask my sent out across this country, many exist, and they cannot be audited. colleague to yield for a minute on that with already preapproved proposals. I would like to see these accounts to point, if I could. Let me again thank I hope that credit card companies be created exempt properties of the es- him for his courtesies and his staff’s will exercise some restraint and re- tate of the bankrupt similar to the courtesies over the last number of days sponsibility in trying to slow down treatment we have given pension plans in working this out. He has made a what is an exploding amount of con- and retirement savings accounts in very good point. What we will certainly sumer debt in this country. During this legislation. try to do here—and I agree with him— good times, no one talks about it Moreover, we need to place some lim- is to see to it that this amendment, the much. But when you get a downturn in its on these accounts to prevent them safeguard aspects of it, conform in the economy, it becomes a major prob- from becoming bankruptcy shelters for many ways—exactly, if it is not the lem. There is corporate debt, and con- those seeking to abuse the bankruptcy case—with the retirement savings ac- sumer debt. We have to try to get a system as a financial planning tool. counts since both are parallel ideas. I better handle on it. Again, this could be done by placing have instructed my staff to work with I am very grateful to the managers of limits similar to those we have im- the Senator’s staff to iron out those de- the legislation—I see my colleague posed on individual retirement ac- tails, to check this out thoroughly. Ob- from Iowa has arrived on the floor as counts and the way we have done that. viously, I think we all agree this is well as the Senator from Utah—and for Finally, we need to ensure that the needed to protect the long-term edu- their consideration of this amendment. funds protected in such accounts will cation needs of families, but obvi- As I said, it tracks Senator HATCH’s actually be spent on the education of ously—and I want to state it very very good amendment on seniors’ re- the bankrupt’s child, not simply with- clearly—it certainly also is our inten- tirement accounts to see to it that edu- drawn after bankruptcy to be used as tion to see to it that people are not cation is going to be something that we the bankruptcy wishes, leaving the fu- given an opportunity to avoid their re- continue to support as strongly as we ture education of the child in jeopardy. sponsibilities when it comes to their fi- have for the 21st century because of I know that the Senator from Con- nancial matters. So we think we can do rising college costs, to see to it that necticut shares my concerns that this that pretty effectively. these educational accounts are going amendment not provide a new means My intention and that of the Senator to be for the children that need them. for fraud and abuse. from Iowa is to see that it is done be- I think it is a very wise decision. In- Again, I thank him and his staff for fore this bill goes to the President for deed, I am grateful for their support. their willingness to work with us to ad- his signature. I thank him again for his Mr. HATCH addressed the Chair. dress these concerns. support. The PRESIDING OFFICER. The Sen- Mr. GRASSLEY addressed the Chair. The PRESIDING OFFICER. Who ator from Utah. The PRESIDING OFFICER. The Sen- yields time? Mr. HATCH. Mr. President, I would ator from Iowa is recognized. Mr. GRASSLEY. We will yield back like to commend my colleague, the dis- Mr. GRASSLEY. Mr. President, be- the time, if there is any on this side, on tinguished Senator from Connecticut, fore we accept this amendment—I un- this Dodd amendment.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10742 CONGRESSIONAL RECORD — SENATE September 23, 1998 Mr. DODD. I yield back the time. hear complaints that bankruptcy is no a motion to instruct because of the The PRESIDING OFFICER. Under longer used as a tool of last resort and hard work of the Senator from Wis- the previous order, the Dodd amend- that it has become just another kind of consin. He is to be commended for that ment No. 3614 is agreed to and the mo- financial planning. If we really want to because there is abuse in this area and tion to reconsider the vote is laid upon restore the stigma attached to bank- our bill reflects that. the table. ruptcy, these high-profile abuses are So I say to the other 99 Members of The amendment (No. 3614) was agreed the best places to start. this body—and also it would include to. Mr. President, our $100,000 homestead people who are helping Senator KOHL AMENDMENT NO. 3599 TO AMENDMENT NO. 3559 cap will stop these abuses, and unless on this amendment—Senator KOHL (Purpose: To express the sense of the Senate we keep it in the bill in conference we should be recognized as a leader in this regarding misuse of the homestead exemp- will not really have bankruptcy reform area to bring some uniformity to our tion to the bankruptcy laws) at all, in my opinion. So I urge my col- bankruptcy code among the 50 States The PRESIDING OFFICER. Under leagues to support this resolution. to stop a very serious abuse. I have the previous order, the Senator from At this point I send my amendment been trying to work with the Senator Wisconsin, Mr. KOHL, is recognized to to the desk. from Wisconsin, supporting his amend- offer an amendment under a time limit The PRESIDING OFFICER. The ment to cap homesteads since he of- of 10 minutes under his control and 5 clerk will report. fered that amendment in the sub- minutes under the control of the Sen- The assistant legislative clerk read committee markup. In fact, he was the ator from Iowa. as follows: very first Senator to be recognized in Mr. KOHL. I thank the Chair. The Senator from Wisconsin [Mr. KOHL] our subcommittee when we had the Today I rise to offer an amendment proposes an amendment numbered 3599 to markup of this bill. He was successful to reaffirm the Senate’s commitment Amendment No. 3559. there. to cap the homestead exemption. The Mr. KOHL. Mr. President, I ask unan- In the last Congress, I accepted Sen- Kohl-Sessions homestead cap is already imous consent that reading of the ator KOHL’s amendment to cap home- in the bill, but a sense of the Senate on amendment be dispensed with. steads at $500,000. This principle actu- this issue is important. It sends a mes- The PRESIDING OFFICER. Without ally passed the Senate unanimously at sage to the House, which does not have objection, it is so ordered. the end of the 104th Congress, but the a homestead cap in its bill, that this The amendment is as follows: House failed to act on the technical provision is essential to meaningful At the appropriate place, insert the fol- corrections bill to which the home- bankruptcy reform. The $100,000 cap in lowing new section: stead matter was attached. the homestead exemption is a bipar- SEC. ll. SENSE OF THE SENATE REGARDING In this Congress, the idea of capping tisan measure I offered with Senator THE HOMESTEAD EXEMPTION. homesteads is a genuine bipartisan SESSIONS which was endorsed by Sen- (a) FINDINGS.—The Senate finds that— one, and I know both the Senator from ator GRASSLEY and was approved (1) one of the most flagrant abuses of the Wisconsin and the junior Senator from unanimously in subcommittee. It also bankruptcy system involves misuse of the Alabama are strong supporters of the has the endorsement of the congres- homestead exemption, which allows a debtor $100,000 cap currently in this bill. But to exempt his or her home, up to a certain sionally appointed National Bank- the fact is that the other body has ruptcy Review Commission. value, as established by State law, from being sold off to satisfy debts; passed a bill which does not have Our bipartisan measure closes a loop- (2) while the vast majority of States re- homestead caps. In other words, we hole that allows too many debtors to sponsibly cap the exemption at not more have a key difference between House keep their luxury homes while their le- than $40,000, 5 States exempt homes regard- and Senate bills on this point. gitimate creditors, such as children, less of their value; Obviously, I support the Senate bill, ex-spousal alimony, State govern- (3) in the few States with unlimited home- which I have worked on so hard with stead exemptions, debtors can shield their ments, universities, retailers, and Senator DURBIN, but I don’t want to go assets in luxury homes while legitimate banks, get left out in the cold. Cur- into the conference situation with my rently, five States—Florida, Texas, creditors get little or nothing; (4) beneficiaries of the homestead exemp- hands tied in any way. Some have tried Kansas, Iowa, and South Dakota— tion include convicted insider traders and to get me to do this on other provisions allow debtors to protect their homes no savings and loan criminals, while short- in this legislation, and to do so prior to matter how high their value. And time changed creditors include children, spouses, conference. I have resisted all efforts in after time, millionaire debtors take ad- governments, and banks; and this area. I am compelled to resist this vantage of this loophole by moving to (5) the homestead exemption should be effort of instructing conferees. How- expensive homes in these States, espe- capped at $100,000 to prevent such high-pro- ever, I am not going to object to this file abuses. cially Florida and Texas, and then de- sense of the Senate going into my bill clare bankruptcy, yet continue to live (b) SENSE OF THE SENATE.—It is the sense of the Senate that— since it restates what is already in the in a style which is not appropriate to (1) meaningful bankruptcy reform cannot legislation, and I think that restate- their circumstances. Let me give you be achieved without capping the homestead ment is a perfectly legitimate thing for just a few examples. exemption; and us to do this way. And so from that A failed Ohio savings and loan owner, (2) bankruptcy reform legislation should standpoint, I compliment Senator who was convicted of securities fraud, include a cap of $100,000 on the homestead ex- KOHL for his continued hard work and wrote off almost $300 million in bank- emption to the bankruptcy laws. his efforts. ruptcy claims but still held onto the Mr. KOHL. I believe that Senator I yield the floor. multimillion-dollar ranch that he SESSIONS is prepared to come down to Mr. KOHL. I yield to Senator DURBIN. bought in Florida. A convicted Wall the floor to talk on behalf of this Mr. DURBIN. I thank the Chair. Street financier filed bankruptcy while amendment, and while he is on his way I thank the Senator from Wisconsin owing at least $50 million in debts and I suggest the absence of a quorum. and I rise in strong support of his reso- fines but still kept his $5 million man- Mr. GRASSLEY. Mr. President, be- lution. sion with 11 bedrooms and 21 bath- fore that happens, could I have the Let’s understand what we are talking rooms. After his law firm went bank- floor, please. about. We decided long ago that if a rupt and creditors were already in the The PRESIDING OFFICER. Will the person filed bankruptcy, we would process of seizing his two homes in the Senator withhold his request? allow them to protect certain things New York area, former Baseball Com- Mr. KOHL. I will. that we considered essential, and one missioner Bowie Kuhn fled to a new $1 The PRESIDING OFFICER. The Sen- of those things was a home. Now, of million home in Florida although he ator from Iowa. course, that is understandable; 50 per- and his partners were on the line for Mr. GRASSLEY. First of all, before I cent of the people filing for bankruptcy $100 million. This may not be the most speak on this amendment, I want to are homeowners; but we left it to the common abuse of the bankruptcy sys- make clear that everybody in this body States to come up with the amount of tem but it is the most egregious. And ought to know that this issue is before money that your home could be worth, given this record, it is not surprising to us both as part of the bill and now on and you could exempt it.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10743 As a consequence, with 50 different five fireplaces, 16th century European doors in the Supreme Court, on the basis States, we have basically 50 different and a Spanish-style courtyard, all on a 30- that the nonuniformity violates the approaches. Some of these approaches, acre lot. Yet in Mr. Talmo’s estimation, this Constitution. unfortunately, have led to abuse. The was chintzy. He also owned an adjacent 112 The PRESIDING OFFICER (Mr. acres and he tried to add those acres to his Senator from Wisconsin described two homestead. BROWNBACK). The time of the Senator or three cases where people literally has expired. owed millions of dollars and quickly The court finally refused to allow Mr. SESSIONS. Mr. President, I this 112 acres, but he was able to keep raced out to buy a multimillion-dollar thank Senator KOHL for his leadership. home to put everything they could into his homestead, live in this huge house, Mr. KOHL. Mr. President, I end by it and to basically guard it away from and keep all this money that ought to suggesting this is a very important any creditor in bankruptcy. I do not have been shared with his creditors. piece of legislation. I am concerned, if think that is what we had in mind Bankruptcy is to help people start over we do not have it in the final piece of when we put the homestead exemption again. It is not to help them defeat legislation, that the administration in place. It was a legitimate effort to their creditors and remain million- will veto the Bankruptcy Reform Act. protect someone’s home. aires. So I stress, we need to see to it that I see the Senator from Alabama has There is example after example in the conference report contains this taken the floor. I congratulate him, this New York Times article. Talmadge homestead cap of $100,000. Wayne Tinsley maintained his house Senator SESSIONS, as well as Senator The PRESIDING OFFICER. The Sen- during bankruptcy and then he sold his KOHL for their leadership here. ator from Iowa has 1 minute 30 sec- Let me tell you why I think this is house for $3.5 million, using the pro- onds. important. The idea behind this bill ceeds to write a check to the Internal Mr. GRASSLEY. Mr. President, I was to stop the abuses in bankruptcy. Revenue Service and another one to yield back the remainder of my time. Professor Elizabeth Warren of Harvard pay off the mortgage. That left him The PRESIDING OFFICER. All time Law School, whom I have really come $700,000 after closing costs and other is yielded back. Under the previous expenses were deducted from the pro- to respect for her knowledge of this order, the KOHL amendment, No. 3599, subject, calls the disparity among ceeds. is agreed to. The motion to reconsider State homestead exemptions ‘‘the big- In other words, if you have a multi- the vote is laid upon the table. gest single scandal in the consumer million-dollar mansion and go into The amendment (No. 3599) was agreed bankruptcy system.’’ bankruptcy, you put all your money— to. except what is in your house—into the To think, in the instance of a doctor AMENDMENT NO. 3615 TO AMENDMENT NO. 3559 in Miami who refused to carry mal- bankruptcy pot that trickles out to the people to whom you owe money. You (Purpose: To provide for a study and report practice insurance, who was sued by by the Board of Governors of the Federal four different people, one of them a keep the house. As soon as your bank- Reserve System regarding credit industry person who lost a leg, and then when ruptcy is over, you can turn around practices) they went to collect against the doctor and sell this multimillion-dollar house The PRESIDING OFFICER. The hour personally, because he had no insur- and live like a king. That is why people of 10 a.m. having arrived, under the ance, he basically hid behind the home- are moving to Florida and Texas on the previous order, the Senator from Cali- stead exemption and said, ‘‘Everything eve of filing bankruptcy. fornia, Mrs. FEINSTEIN, is recognized to I own is in my home and you cannot I live in Alabama. We have a very low speak for up to 10 minutes. touch it’’—that really is an abuse of homestead exemption, but it is only 50 Mrs. FEINSTEIN. Mr. President, on the system. I am glad Senator SES- miles from my home of Mobile to Pen- behalf of Senator DURBIN, Senator JEF- SIONS and Senator KOHL have shown sacola, FL. Somebody from Mobile FORDS, and myself, I send an amend- leadership on this and I am happy to could easily move to Pensacola, buy a ment to the desk. support their efforts. huge beach home, and then defraud his The PRESIDING OFFICER. Is there Mr. KOHL. Does Senator SESSIONS Alabama creditors. objection to considering this amend- wish to speak? Some think this is a State matter. ment at this time? The PRESIDING OFFICER. The Sen- Senator KOHL talked about this. They Mr. GRASSLEY. Mr. President, re- ator from Alabama is recognized. say it is an advantage to the State. But serving the right to object. Mr. SESSIONS. Mr. President, I the truth is, 90 percent of the people The PRESIDING OFFICER. Is there thank Senator KOHL and Senator DUR- who abuse this system on the home- objection? BIN for their leadership and commit- stead—90 percent of their debts are Without objection, the clerk will re- ment on this issue and others. This is going to be debts in their own State. port. simply a matter of fairness. The Con- So really it is a situation in which we The assistant legislative clerk read stitution of the United States author- have some Senators who are sup- as follows: posedly protecting State interests, but izes the bankruptcy system and pro- The Senator from California [Mrs. FEIN- vides for Congress to establish uniform really they are not. I encourage these STEIN], for herself, Mr. DURBIN and Mr. JEF- bankruptcy laws. That is a matter that Senators to think about it. They are FORDS, proposes an amendment numbered is without dispute. All bankruptcy not protecting State interests because 3615 to amendment no. 3559. cases are held in Federal court. It is what this does is allow a scandal to Mrs. FEINSTEIN. Mr. President, I not too much to ask, since we set every take place. The people who most fre- ask unanimous consent that reading of other rule involving bankruptcy, that quent lose in this process will be the the amendment be dispensed with. this body would consider the abuses lenders in their own States. That is The PRESIDING OFFICER. Without that arise from the disparity in treat- just not fair. I believe the Bankruptcy objection, it is so ordered. ment of homesteads throughout the Commission has listed this as one of The amendment is as follows: country. It is really a shocking matter. their top priorities for reform. At the appropriate place in title VII, insert The New York Times has written I can see how some Senators may not the following: about this on a number of occasions really be familiar with the bankruptcy SEC. . ENCOURAGING CREDITWORTHINESS. and has given some of the examples process and might think they want to (a) SENSE OF THE CONGRESS.—It is the sense that are afoot. preserve their State systems. But of the Congress that— The First American Bank and Trust Com- bankruptcy is a classical Federal mat- (1) certain lenders may sometimes offer pany in Lake Worth, FL, closed in 1989, and ter. It is set forth in the Constitution credit to consumers indiscriminately, with- its chief executive, Roy Talmo, filed for per- as a Federal matter. All bankruptcy out taking steps to ensure that consumers sonal bankruptcy in 1993. Despite owing $6.8 cases are handled in Federal court, not are capable of repaying the resulting debt, million, Mr. Talmo was able to exempt a State courts, and the bankruptcy court and in a manner which may encourage cer- bounty of assets. During the proceedings, he tain consumers to accumulate additional drove around Miami in a Rolls-Royce and sets all the rules in almost every cat- debt; and tended the grounds of his $800,000 tree farm egory. This is just one that we have, by (2) resulting consumer debt may increas- in Boynton Beach. Never one to slum it, Mr. tradition, allowed to be nonuniform. As ingly be a major contributing factor to con- Talmo had a 7,000 square-foot mansion with a matter of fact, it has been challenged sumer insolvency.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10744 CONGRESSIONAL RECORD — SENATE September 23, 1998 (b) STUDY REQUIRED.—The Board of Gov- It’s a simple matter of arithmetic. do not provide credit cards to con- ernors of the Federal Reserve System (here- The typical family filing bankruptcy in sumers without a thorough credit his- after in this section referred to as the 1997 owed more than one-and-a-half tory check. ‘‘Board’’) shall conduct a study of— times its annual income in short-term, However, I should note that every (1) consumer credit industry practices of credit card issuer that I and my staff soliciting and extending credit— high interest debt. This means that the (A) indiscriminately; average family in bankruptcy, with a spoke with said that one thing they do (B) without taking steps to ensure that median income of just over $17,500, had not check is income. In other words, consumers are capable of repaying the re- $26,500 in credit card and other short- credit card issuers have no idea wheth- sulting debt; and term, high interest debt. er persons to whom they issue credit (C) in a manner that encourages consumers Studies by the Congressional Budget cards have the means to pay their bills to accumulate additional debt; and Office, the FDIC, and independent each month. (2) the effects of such practices on con- economists all link the rise in personal Furthermore, major credit cards such sumer debt and insolvency. as Visa and Mastercard do not require (c) REPORT AND REGULATIONS.—Not later bankruptcies directly to the rise in than 24 months after the date of enactment consumer debt. banks who issue their cards to check of this Act, the Board— Last year, the credit card industry credit history. (1) shall make public a report on its find- sent out a record 3.1 billion unsolicited This bill would affect lenders who ings with respect to the credit industry’s in- offers. That’s 30 solicitations to every fail to even inquire into a consumer’s discriminate solicitation and extension of household in America. The number of ability to pay, or those who specifi- credit; solicitations jumped 20% last year cally target consumers who can’t or (2) may issue regulations that would re- won’t repay balances. quire additional disclosures to consumers; alone. Based on industry estimates, be- tween 1992 and 1996, credit card compa- A growing segment of the credit in- and dustry known as ‘‘sub-prime’’ lenders (3) may take any other actions, consistent nies offered about a million dollars of increasingly searches for risky bor- with its existing statutory authority, that credit to every household in the United rowers, who they know will make inap- the Board finds necessary to ensure respon- States. sible industrywide practices and to prevent There are well over a billion cards in propriately low minimum monthly resulting consumer debt and insolvency. circulation—a dozen credit cards for payments, carry large monthly bal- Mrs. FEINSTEIN. Mr. President, I every household in the country. Three- ances from month to month, and pay high interest rates. Such lending has support S. 1301, and intend to vote for quarters of all households have a least become the fastest growing, most-prof- its passage. It gives bankruptcy judges one credit card, and three out of four of itable subset of consumer lending. Al- the tools they need to require that ca- them also carry credit card debt from though losses are substantial, interest pable debtors take responsibility for month to month. their debts. Furthermore, it does so in Not surprisingly, credit card debt has rates of 18 to 40% on credit card debt make this lending profitable. a manner that empowers bankruptcy increased accordingly. Credit card debt Many of these often relatively unso- judges to seek solutions to consumer doubled between 1993 and 1997: The insolvency, rather than straitjacketing phisticated borrowers don’t realize amount of credit card debt outstanding that minimum monthly payments just them with a strict formula. Finally, at the end of 1997 was $422 billion, twice put them deeper in a hole, which in S. 1301 contains strengthened provi- as much as the amount in 1993. many cases leads to bankruptcy. For sions to protect the priority of child Credit card usage has grown fastest example, industry analysts estimate support and spousal support, which I in recent years among debtors with the that, using a typical minimum month- supported in the Judiciary Committee. lowest incomes. Since the early 1990’s, ly payment rate on a credit card, in Responsibility cannot be a one-way Americans with incomes below the pov- order to pay off a $2,500 balance—as- street, however. The blame for the cur- erty level nearly doubled their credit suming the consumer never used the rent record number of consumer bank- card usage, and those in the $10,000– card to charge anything else ever ruptcies lies not only with unsound 25,000 income bracket came in a close again—it would take 34 years to pay off consumer spending habits, but often second in the rise in debt. The result is the balance, and total payments would with unwise and irresponsible lending not surprising: 27% of the under-$10,000 exceed 300% of the original principal. practices that facilitate and even fos- families have consumer debt that is The FDIC observes that by mar- ter such recklessness. This amendment more than 40% of their income. Nearly keting high-risk debt to customers who aims to deter such recklessness in cred- one in ten has at least one debt that is are at substantial risk for non-pay- it practices. more than sixty days past due. These ment, credit card issuers have contrib- It authorizes the Federal Reserve are the families for whom real income uted to the rise in consumer bank- Board to conduct a study of industry has actually declined since 1989. ruptcies. practices of soliciting and extending Credit card issuers earn about 75% of On May 2, 1997, the FDIC issued warn- credit indiscriminately, without tak- their revenues from the interest paid ings to banks about the risks posed by ing steps to ensure that consumers are by borrowers who do not pay in full increased subprime lending. Some in- capable of repaying their debt, or in a each month. Several companies have dustry analysts predict that overall manner that encourages consumers to instituted charges or even canceled loan default rates will double by the accumulate additional debt. The Fed- credit cards for customers who pay in year 2001 and thus warn that ‘‘by low- eral Reserve Board is further author- full each month, preferring customers ering their credit standards and satu- ized to study the effects of such prac- with large credit balances who pay rating the market with loans, many tices on consumer debt and insolvency. minimum monthly payments. banks will be unable to avoid poten- Within two years of enactment, the As bankruptcy levels have risen, tially enormous delinquencies and Federal Reserve Board will make pub- total credit card profitability has write-offs.’’ lic a report on its findings, regarding grown—credit card lending is now Subprime lending is growing even the credit industry’s indiscriminate so- twice as profitable as all other lending among reputable lenders. Senator licitation and extension of credit. activities. In the third quarter of 1997, LAUCH FAIRCLOTH, who notes that he The amendment allows the Federal credit card banks showed a 2.59% re- ‘‘abhors . . . constraints on the private Reserve Board to issue regulations that turn on assets, compared to a 1.22% re- sector,’’ recently stated about the would require additional disclosures to turn on assets reported by all commer- subprime market: ‘‘We have very rep- consumers, and to take any other ac- cial banks. utable, very fine institutions, spinning tions, consistent with its statutory au- This amendment most likely would off subsidiaries to get into what I thority, that the board finds necessary not affect the vast majority of the would consider very precarious, reck- to ensure responsible industrywide credit card industry, who responsibly less, bordering on sleazebag lending.’’ practices and to prevent resulting con- check consumer credit history before Since the Senate Judiciary Com- sumer debt and insolvency. issuing or ‘‘pre-approving’’ credit mittee considered this bill in June, I This amendment directly addresses cards. Representatives of large credit have received examples from constitu- one of the major causes of personal card issuers such as Bank of America ents of credit card companies who offer bankruptcies: bad consumer debt. have assured me and my staff that they credit

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10745 cards to persons who are wholly unable other card offered free mileage on US debt, run up on 25 retail and credit to afford them. I have also had my staff Airways. The fine print disclosed its cards—but only $17,520 in yearly in- review solicitations they have re- annual percentage rate as 18.4 percent; come; another bankruptcy filer, had ceived. 21.9 percent if the account is in default. $23,826 in debt, run up on 6 credit cards I want to give you some examples of Another constituent, also from and 7 retail cards—and only $4,320 in the sort of inappropriate credit card so- Pacifica, CA, who is unemployed, was yearly income; still another bank- licitations my constituents and my offered a platinum card with an up to ruptcy filer had $28,054 in debt, run up staff have received. $50,000 credit line. As with a number of on 6 credit cards and 9 retail cards, but A constituent from San Ramon, CA, these offers, the solicitation boldly ad- only $11,520 in yearly income; and in wrote that her 7-year old son received vertised an ‘‘introductory’’ annual per- the most egregious case, one filer had a ‘‘charter membership offer’’ for a centage rate of 3.9 percent for cash ad- $97,372 in debt, run up on a total of 26 Visa Signature Card. The constituent vance checks and balance transfers, cards—13 credit cards and 13 retail writes: but the fine print on both cards dis- cards—and had no yearly income. An- If banks are offering bankcards to small closed the actual annual percentage other filer had over $50,000 in debt run children, who else (or what else) are they of- rate on purchases of 14.99 percent. The up on 7 credit cards—and no yearly in- fering them to. This kind of unsolicited mail other card offered free mileage on US come. is ridiculous. Airways. Similarly, the United States Trustee This is not an isolated occurrence. Besides low introductory interest for the Northern District of California Both sons of a staff member who works rates, which inevitably balloon, and provided my office with a case study of in my San Francisco office received frequent flier miles, the range of gifts some of the recent bankruptcy cases credit card offers—and they’re 12 and 15 offered to induce people to take on new filed in San Francisco; a ‘‘naturopath’’ years old. The 12-year-old is an eighth credit cards is incredible. In the past with an annual income of $8,100, accu- grader, with no income other than a $25 couple of months that I have been ask- mulated $44,690 in credit card debt, on a month allowance and gifts from his ing my staff to save solicitations, 13 credit cards before declaring bank- grandmother and holiday and birthday ‘‘free’’ gifts offered to them—and to ruptcy; a truck driver with $22,368 in gifts. He is a Star Trek fan, and he was me—to take on new credit cards, have annual income, accumulated $102,645 in offered a ‘‘Star Trek Platinum Plus included everything from: free tele- credit card debt on 14 credit cards be- MasterCard,’’ with up to $100,000 in phone calling cards, to transistor ra- fore declaring bankruptcy; an unem- credit. The card features discounts on dios, attache´ cases, Godiva chocolates, ployed person with no annual income, Star Trek merchandise and entertain- Waterford crystal, and electronic orga- accumulated $50,927 in debt on 14 dif- ment events. The solicitation noted an nizers. ferent credit cards before declaring introductory 3.9 percent annual per- And the credit card companies are bankruptcy; and the list goes on. centage rate in large, bold print. The anything if not persistent. Over the U.S. bankruptcy trustees have also small print on the back explains that past couple months, one of my staff provided my office with letter after let- the rate applies only to initial balance members has received 4 offers for sec- ter, originally sent by U.S. bankruptcy transfers and cash advance checks. The ond mortgages, totaling $75,000 in cred- panel trustees to creditors, alleging actual annual percentage rate is 14.99 it, one of which was sent twice; $230,000 ‘‘bad faith’’ on behalf of consumers, be- percent. in credit, with free gifts as incentives; cause the debtor accumulated credit The 12-year-old’s 15-year-old brother and a ‘‘college alumni’’ card, offering a card debts they could have had no real- was also offered a credit line of up to ‘‘third opportunity’’ to apply. istic expectation of repaying. For ex- $100,000 on the ‘‘First USA Platinum These sort of come-on’s, targeting ample, one letter notes that the debtor MasterCard for Science Fiction Enthu- people who oftentimes are simply in- accumulated over $110,635 in credit siasts.’’ This card offered a free space capable of affording the credit card, are card debt, but had $500 in monthly in- pen and a 9.99 percent ‘‘fixed’’ annual by no means unique to Californians. come, and had incurred a net loss in in- percentage rate. The small print ex- Bankruptcy Judge John Akard of the come in 1996 and 1997. plained that if payment is received Northern District of Texas wrote that If the consumer acted in bad faith, ‘‘late’’ twice in any 6-month period, the the attorneys for one couple who filed one wonders about the faith of the annual percentage rate balloons to Chapter 13 bankruptcy asked them to credit card companies that issued the 19.99 percent. If payment is not re- record solicitations received after fil- credit cards in the first place and al- ceived for 2 consecutive months, the ing for bankruptcy. The received over lowed the consumer to continue to ac- rate balloons further to 22.99 percent. 50 solicitations over the next 24 cumulate debt. It’s not just children. A constituent months, offering cumulatively over $2 Obviously, in each of these cases, from Lakewood, CA, wrote to me last million in credit; 25 of these were ‘‘pre- banks kept on issuing credit cards, and month: approved.’’ kept on allowing consumers to rack up I am sending to you [a solicitation] which Consumer bankruptcy attorneys tell still more debt on the cards, despite I received in the mail yesterday. It was ad- my staff that some companies send clear evidence that the consumer dressed to my mother and was offering her a credit cards to bankruptcy filers cour- would never be able to repay the debt. platinum credit card with a $100,000 credit During the debate on this bill, we line. What’s wrong with this? My mother’s tesy of their bankruptcy attorneys. been dead for seven years! In fact, a staff member informed me have heard much about the financial that when he did pro bono work for in- The constituent continues: burden that consumer bankruptcies digent people filing bankruptcy, the levy on each of us as consumers. Clear- What really bugs me about this is that credit card companies send out these solici- pro bono attorneys had to constantly ly, part of the responsibility for that fi- tations for their plastic cards and then when tell the bankruptcy filers not to take nancial burden rests with the credit they get burned, they start crying foul. They on new credit cards, which credit card card companies and retailers who irre- want all kinds of laws passed to protect companies targeted to them, knowing sponsibly continue to issue credit in them from taking hits when it’s their own that they could not disavow their debt such cases. Indeed, industry consult- practices that caused the problem. for a period of six years following ants have estimated that credit card A 22-year-old constituent from bankruptcy. companies could cut their bankruptcy Pacifica, CA, who makes $25,000 a year, In many cases, credit cards offered to losses by more than 50% if they would was offered 3 platinum cards with a consumers who have no ability to institute minimal credit screening. credit limit of up to $100,000 on each repay them and no reason having them As I mentioned at the outset, I sup- card. Two of the cards advertised in is a direct cause of personal bank- port S. 1301, which gives bankruptcy large, bold print, ‘‘introductory’’ an- ruptcy. The U.S. Bankruptcy Trustee judges effective tools to require respon- nual percentage rates of 3.9 percent for for the Southern District of California sible behavior from debtors once bank- cash advance checks and balance trans- provided my office with some exam- ruptcies occur. This amendment is nec- fers. The fine print on both cards dis- ples, taken directly from the rolls of essary to promote the responsible be- closed the actual annual percentage recent bankruptcy filers in San Diego: havior needed to prevent such bank- rates on purchases of 14.99 percent. The One bankruptcy filer had $41,989 in ruptcies from occurring in the first

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10746 CONGRESSIONAL RECORD — SENATE September 23, 1998 place, by preventing the runaway con- Hearing none, the question is on tion, the family farm exemption, if it sumer debt that is one of the principal agreeing to the amendment No. 3615. remains as we have it in this particular causes of the rise in personal bank- The amendment (No. 3615) was agreed act. ruptcies. to. Many farming States have similar I urge my colleagues to vote for the Mr. GRASSLEY. I move to recon- homestead laws dating back frequently adoption of this amendment. sider the vote and to lay that motion to the time of statehood and of the set- I end my comments with one state- on the table. tling of many places in the Midwest, ment: Responsibility is a two-way The motion to lay on the table was where people could keep their home street. And what is sauce for the gan- agreed to. and 160 acres if they would just settle der is also sauce for the credit card Mr. GRASSLEY. I suggest the ab- this land for a period of 5 years. That is company. sence of a quorum. the basis of this homestead law. This Mr. President, it is my understanding The legislative clerk proceeded to provision that is in the bankruptcy that the amendment has been accepted call the roll. code and the changes that we have be- by both sides. Mr. BROWNBACK. Mr. President, I fore us today could have a significant I yield the floor. ask unanimous consent that the order impact on farmers who are already Mr. GRASSLEY addressed the Chair. for the quorum call be rescinded. faced with cash flow problems caused The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. ator from Iowa. by low commodity prices. HUTCHINSON). Without objection, it is Mr. GRASSLEY. Mr. President, this This bill also does not take into con- so ordered. amendment will be accepted. And I sideration the vastly different property Mr. BROWNBACK. Mr. President, I would like to say, after listening to values in various States that will be af- rise to make a few remarks on the Con- Senator FEINSTEIN’s statement, as well fected by this particular homestead sumer Bankruptcy Reform Act, which as studying the legislation in great de- provision. is the pending business at this point in tail, we can enthusiastically back this While I believe we should prevent time. and fight for its retention in con- fraud and abuse of our bankruptcy sys- I commend the hard work of Senator ference as well. I was not that certain tem, preempting State homestead laws GRASSLEY and the Senate Judiciary when I visited with the Senator pri- and imposing a one-size-fits-all ap- Committee for crafting this much- vately, but I would like to state pub- proach is not the answer. I hope that needed reform of our bankruptcy laws. licly that we think she has a very good my colleagues will consider this as we idea here and that we can work to keep Bankruptcy filings rose to almost 1.4 look forward in dealing with this provi- it in conference. I cannot guarantee million last year. That is up from sion and working together with the anything, but at least I feel very 172,000 in just 1978—enormous growth House to get a fine Consumer Bank- strongly about it. in bankruptcy filings. More than 70 ruptcy Reform Act put together. We It kind of backs up some of the percent of those who filed for bank- should not penalize, we should not things that we have done on disclosure ruptcy last year did so under chapter 7 usurp, the States that have put forward in the managers’ amendment as well. of the U.S. bankruptcy code, which a particular homestead exemption. Those things will probably be much erases most debt incurred. With that, Mr. President, I yield the more controversial in conference than The cost of these bankruptcies to the floor. what the Senator from California is U.S. economy last year has been esti- I suggest the absence of a quorum. trying to do. She, from my standpoint, mated at more than $44 billion—enor- The PRESIDING OFFICER. The through the year that we have worked mous cost. And these losses are passed clerk will call the roll. on this legislation, and being prodded on to consumers, costing every house- The assistant legislative clerk pro- also by the Senator from Illinois about hold that pays its bills $400 in hidden ceeded to call the roll. the problems that we have or the po- taxes. That is not fair to the millions Mr. DORGAN. Mr. President, I ask tential problems we have with credit of families who pay their bills—mort- unanimous consent that the order for card companies, and they not being too gages, car loans, student loans, and the quorum call be rescinded. careful in their anticipation of who credit card tabs—every month. The PRESIDING OFFICER. Without they take on to give credit to, does This legislation goes a long way in objection, it is so ordered. back up the study that the Senator addressing the fraud and abuse of our Mr. DORGAN. Mr. President, I under- from California has called for. bankruptcy system while ensuring that stand debate on the Harkin amendment She does not give new statutory au- people who are in considerable eco- was to begin at 11 a.m.? thority to the Federal Reserve. She nomic pain will be protected. The PRESIDING OFFICER. The Sen- does give the Federal Reserve author- However, I am extremely concerned ator is correct. ity, after the study, if the Federal Re- about a provision in this bill which Mr. DORGAN. I ask unanimous con- serve wants to do it, to issue regula- places a cap on the homestead exemp- sent that the full 45 minutes allowed tions that would require additional dis- tion. My State of Kansas has a home- for debate on the Harkin amendment closure to consumers, then, within stead law in our State constitution begin now. their existing statutory authority, if dating back to 1859. Many farmers have The PRESIDING OFFICER. Without the board finds necessary, ‘‘to ensure used this law during times of economic objection, it is so ordered. responsible industrywide practices and hardship to protect their farms, their Mr. DORGAN. Mr. President, Senator to prevent resulting consumer debt and homes and their 160 acres. While the HARKIN is on his way. He spoke briefly insolvency.’’ Consumer Bankruptcy Reform Act ex- on this amendment yesterday after- This is all based upon a study which empts family farmers from the home- noon, and I would like to make a cou- we believe, based upon our year’s con- stead provision, many small farmers ple comments on it. This amendment is sideration of this legislation, probably would not qualify under the bank- very simple. It is an amendment that is a very worthwhile thing for us to ruptcy code as a family farm because expresses the sense of Congress that have and to promote. So with those they or their spouse earn off-farm tax- the Federal Reserve Board, through the ideas in mind, we accept the amend- able income. Federal Open Market Committee, ment and congratulate the Senator I might note for my fellow Members should reduce its Federal funds rate. from California. Most importantly, we that over half of the people involved in The Federal Reserve Board will meet thank her for her cooperative attitude agriculture today in my State and in soon and consider once again what it toward our resolving a lot of dif- many States across the country have wishes to do with monetary policy, and ferences we have had with her original considerable off-farm income from ei- especially with short-term interest legislation. ther themselves or their spouses and rates. Mrs. FEINSTEIN. I thank the Sen- yet are full-time involved in agri- I would like to show a couple of ator. culture. They have the outside income charts just to describe where we are at The PRESIDING OFFICER. Is there for various numbers of reasons, but this point with the American economy. any further debate on Feinstein this provision will not allow them to ‘‘Consumer Price Index.’’ As we amendment No. 3615? qualify for that agricultural exemp- know, the Federal Reserve Board has

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10747 been chasing inflation now for, oh, 4 and you would always have somebody body who owns a house, everybody who years or so. Every quarter they have with a gray suit on top. They are is paying off a credit card, anybody another discussion and wring their economists. They all come from the who has any debt at all of any type is hands and gnash their teeth and fret same background. They all pretty paying higher interest rates than they and worry and sweat about what is much look the same, and they all pret- ought to pay. In a number of cases it happening to inflation and when the ty much think the same. There is not a means some homeowners might be pay- next wave of inflation is going to hit. person among them who represents ing $100 or $200 a month more in inter- Of course, inflation has gone down, somebody who manufactures some- est than they ought to pay. Somebody down, way down. thing or fixes something or sells some- is just taking it out of their pocket. In The Federal Reserve Board told us, thing, but that is the way the Fed is. effect, they have taxed them—to the by the way, at the start of this, that When I was a kid in a town of 300 peo- detriment of the individual, to the re- the inflation rate would jump up al- ple in southwestern North Dakota, we ward of the lender. That is why I asked most certainly if the unemployment had a circus come to town. That cir- the question earlier: Whose interest rate went below 6 percent. Of course, cus—it was a very small circus because does this Fed serve? the unemployment rate has been below you do not get a big top in a town of 6 percent for over 4 years and the infla- 300 people—but that circus had an ele- Some say its constituent’s interest is tion rate keeps coming down. The Fed- phant. It was the first elephant I had that of the big money center banks. It eral Reserve Board was dead wrong on ever seen, and the first elephant, I looks that way. How else would they that issue. think, that had ever come to my home- justify interest rates that are more But the Federal Reserve Board sits in town. The thing that interested me as than 2 full percentage points above the that house of theirs on a hill impen- a little boy is that that big old ele- real rate of inflation, when in fact for etrable by the American public, closes phant would stand out there by the nearly 40 years prior to Mr. Greenspan its doors, makes its decisions in secret tent and he had a steel cuff around his joining the Federal Reserve Board the about interest rates. Only, and then foot and a chain of about 6 or 8 feet at- real interest rates above inflation set tells us after the decisions are made tached to a stake that was pounded by the Board were 1.8 percent? How what the interest rates in this country into the ground. I thought to myself, else would you justify that kind of will be. how on Earth can that little stake hold massive overcharge of the American The Federal funds rate set by the that big elephant? How can that work? people through higher interest rates? Federal Reserve’s Open Market Com- Then I was told later, when I grew The Federal funds rate is not charged mittee is much higher than it ought to up, about that elephant and that chain to everybody. It happens to set the fee, be. Prior to Mr. Greenspan becoming and that stake. They say that when set the charge. The prime rate comes Chairman of the Federal Reserve they capture wild elephants in Thai- off the Federal funds rate. Other rates Board, from 1950 to 1987, the average land, they get a wild elephant and they come off the prime rate. The fact is, real Federal funds rate was 1.8 percent; put a big metal cuff around the ele- when the Federal Reserve Board de- for 37 years on average. The real Fed- phant’s leg, put a chain on that cuff, cides in secret to set interest rates eral funds rate, the economic rent for and then they tie the other end of that that are higher than they ought to be, money, adjusted for inflation, that was chain to a big banyan tree. And for 6 then everybody else ends up paying set by the Federal Reserve Board, was days, 10 days, 12 days, maybe 2 weeks more than they should pay. And who 1.8 percent. Today that short-term in- that elephant will pull and struggle benefits? The big money center banks. terest rate, after inflation, is 3.9 per- and grunt and groan and try to pull It is interesting, these folks who will cent—the highest level since just be- that chain away from that big banyan be in that room making the decision fore the last recession in 1990. tree. Of course the banyan tree doesn’t when the door is closed—the last dino- One must ask the question, Why, why budge an inch. After a certain period of saur in America that makes decisions are the American people in effect being time, the elephant understands that in secret, the last dinosaur that exists taxed with higher interest rates? Why the elephant cannot move. Then they in our Government—when they go into is the Federal Reserve Board punishing take the chain off the banyan tree and a room and close that door and make the American people with interest just put a stake in the ground and the decisions in secret, they will be rep- rates that are higher than they should elephant stands there with a cuff resenting—who? Who hired them? be? The answer: Because they have around his leg and a chain and a small Their boards of directors. Who hires served their constituent interests, stake. The elephant is chained to his the regional Fed bank president? The which are the large money center habit. His habit is he knows he cannot regional board of directors. And who is banks; they want the higher interest move. rates. But that moves against the in- I was thinking about that the other that? The regional bankers. Whose in- terests of the American people, of the day and I was thinking about the Fed- terests are they going to look after in people who produce and work and bor- eral Reserve Board. What a wonderful that room when the door is locked? row. analogy, chained to his habit. You talk They are not accountable. Their names I have brought to the floor from time about a board chained to their habits, did not come here for the Senate to to time pictures of the Federal Reserve the Federal Reserve Board has been, say, yes, we would like to sanction you Board of Governors and the presidents for 4 or 5 years—despite all the evi- to go into a room and make decisions of the regional Fed banks, and the rea- dence to the contrary in this country about monetary policy. They are not son I have done that is because they that the global economy is putting accountable to anybody. They were not control monetary policy and nobody downward pressure on wages, that confirmed by anybody. They are not knows who they are. So I thought we there are no new fires of inflation out accountable. Yet they go into a room should probably have pictures of all of there in the country, that the inflation with a locked door and make a secret them, when they were appointed, where rate is coming down even as the unem- decision with others and tell the Amer- they were educated, what their back- ployment rate has come down. These ican people what they are going to pay ground is, and how much money they gray-suited folks, chained to their old in interest rates. make. And so here, once again, is a pic- habits, have continued to insist, no, We have people come here and talk ture of the Federal Reserve Board of they must keep interest rates higher about taxes forever—that is a tax. A Governors and the regional Fed bank than they ought to be because they are higher interest rate than ought to be presidents. On a rotating basis, these worried about some future specter of paid is a tax; it is a big tax on almost regional Fed bank presidents join the inflation despite the fact that inflation all working families in this country. So board of governors, they go into a is running in the opposite direction. who are these people going to rep- room, shut the door, and in secret de- What does that mean? What does it resent? Are they going to be sent to the termine what our interest rates are mean when these folks lock their doors Open Market Committee to make deci- going to be in this country. Here is who and in secret say, ‘‘We are going to sions that contradict the interests of they are. You could put them all in a keep interest rates higher than what it their boards of directors? I don’t think barrel, shake it up, roll it downhill, ought to be’’? What it means is every- so. Would it be logical to assume that

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10748 CONGRESSIONAL RECORD — SENATE September 23, 1998 they would come to this decision- invited him down to the ranch at threat that does not exist and, as a re- making point representing the inter- Perdinales, in Texas, and they say al- sult, keeps interest rates substantially ests of those who gave them their jobs? most squeezed the barbecue sauce out higher than they should be on a real I think so. of that guy, he was so upset the Fed- basis. As a result of that, the Federal The amendment to be offered by Sen- eral Reserve was going to increase in- Reserve overtaxes every American ator HARKIN and myself and a couple of terest rates by one-quarter of 1 per- family that pays a higher cost for cred- others is an amendment that asks the cent. it than can now be justified. Congress to express itself to the Fed- Interest rates used to be part of sub- The Congress has every right to send eral Reserve Board. I know we have stantial discussion and lively interest a message to the Federal Reserve people who say, ‘‘Oh Lord, the last in this country, but we now have a Fed- Board that: ‘‘When next you meet and thing Congress ought to be involved in eral Reserve Board, as I said, that is close that door and begin deciding in is monetary policy.’’ Why should we the last dinosaur. It wants to keep secret the fate of this country’s mone- not be involved in making our views monetary policy outside the purview of tary policy and interest rates, we en- known to the Federal Reserve Board? normal public debate. It wants to do courage you, given all the evidence, to Anybody who comes out here opposing what it wants to do in a locked room decide to reduce interest rates.’’ this, I would like to ask them this: If behind a closed door, and decide to Mr. President, I notice Senator HAR- for 40 years the real economic rent for keep interest rates about 2 full per- KIN has not yet arrived on the floor. money set by the Fed through Federal centage points above where they ought Let me go down the findings briefly funds rate is 1.8 percent, if that is the to be given the real rate of inflation in while we are awaiting Senator HARKIN rate for 40 years, how do you justify this country today. to come to the floor. having a rate that is nearly 2 points The Senator from Iowa will offer an While interest rates, we hear on the higher, on average during the Green- amendment. The sense of the Congress news, continue to decline, long-term span years? How do you justify it? Do at the end is very simple. It is one mortgage rates, and so on, the infla- you think it is fine? If so, how do you short sentence: tion rate, of course, is way, way, way justify taxing your constituents with It is the sense of the Congress that the down. The question is the real interest the higher interest rate because the Federal Open Market Committee should rates, the economic rent for money. Fed decides it is going to represent promptly reduce the Federal funds rate. And also the question is, What is hap- their interests, not ours? It is very simple. That is preceded by pening to our economy? Is it slowing I am not here arguing for easy a series of pieces of information that down? And if so, would paying higher money, easy credit. I am here arguing make the case. interest rates, as imposed by the Fed- for fairness. I am here asking the Fed- Let me finish, Mr. President. I know eral funds rate, be beneficial to this eral Reserve Board to represent the en- Senator HARKIN is on his way. I know economy? tire public interest here, not just their Senator DOMENICI is also scheduled to Real interest rates are at historically interest. speak. We have a vacancy on the Fed- high levels, the highest in 9 years—real Our economy, from most recent evi- eral Reserve Board. There is one seat interest rates. The Federal funds rate dence, looks to be slowing down some. vacant. The Federal Reserve Board of is 5.5 percent. It has been there since Our economy faces a number of inter- Governors has seven people, all ap- March of 1997, despite an inflation rate national threats. We have an Asian pointed by the President, confirmed by of 1.7 percent. Between 1992 and 1994, economy that is in shreds—Korea, the Congress. The confirmation process the Federal funds rate averaged 3.6 per- Japan, China, Indonesia. The difficulty requires there be accountability, so cent, while inflation was at 2.8 percent. in the Asian economy, a very signifi- that is what we have, a Presidential The Chairman of the Federal Reserve cant difficulty, is beginning to be felt appointment with confirmation. Board, Mr. Greenspan, said during his in this economy. It seems to me, when That is not the case with regional testimony before the House Banking we have a Federal Reserve Board that Federal bank presidents. They serve on and Financial Services Committee on imposes higher interest rates than are the Open Market Committee and make February 24 of this year: justified, much higher interest rates decisions, but they are not confirmed Statistically, it is a fact that real interest than we have historically had with re- by anybody. rates are higher now than they have been on spect to real economic rent for money, We have one vacancy. I have come to the average of post-World War II periods. it seems to me when they do that at a the floor to say I would like my Uncle Actually, real interest rates are high- time when we begin to face what ap- Joe to be considered. My Uncle Joe is er now than they have been prior to pears to be some significant difficulty retired. My Uncle Joe used to fix gen- Mr. Greenspan becoming Chairman of from external economic forces, the Fed erators and alternators in his shop be- the Fed. Inflation over the last 2 years, ought to take a look at doing what it hind his house. He is pretty good with preceding the date of enactment of this should have done long ago, and that is his hands. He knows how to fix things. act, was at its lowest level since the reduce real short-term interest rates to My theory is, there is nobody on the 1960s. Corporate earnings are down 1.3 where they ought to be. Fed who has ever fixed anything or percent from a year earlier, and, as I I know this discussion causes a lot of ever manufactured anything or ever mentioned, farm debt is at its highest people just to fog out and glaze over been in a part of the business where level since 1985. Broad commodity price and go to sleep because, frankly, it is one is actually involved in a consump- indexes are extremely low. There are in the interests of those who make tive use of credit to make a business signs of global depression or at least monetary policy to keep the monetary work. severe recession and the potential of policy questions outside of the purview For a couple of centuries, we had ten- depression in parts of the economies of of public discussion. A century ago you sions in this country between those Asia, and there are signs that that will could go to a barber shop or a bar in who produced and those who financed negatively impact this country this country and get into an aggres- production, and in some decades those through fewer purchases of U.S. ex- sive, interesting, lively discussion who produced have had an upper hand, ports and through a greater influx of about interest rates. All over the coun- and in some decades those who fi- cheap imports to the United States. try they talked about interest rates. nanced production have had an upper We, as a result of this resolution, Mr. President, 35 years ago there was hand. With the help of the Federal Re- want to put the Senate on record as going to be a one-quarter percent in- serve Board, in most recent years those saying to the Federal Reserve Board: crease in the Federal funds rate. And who finance production have had the ‘‘You ought to do what the evidence re- the fellow who was heading the Federal upper hand. That ought not be the quires you to do; you ought to do what Reserve Board was thinking about the case. the American people know you should one-quarter of 1 percent increase. There is a clear and compelling case, do; you ought to do what most good There were front page headlines all made by Senator HARKIN yesterday, economists would advise you do now, across the country. Lyndon Johnson and I hope by myself, that the current even though you have not done it for invited this fellow, the head of the Fed- Federal funds rate established by the sometime now; you ought to reduce the eral Reserve Board, McChesney Martin, Federal Reserve Board responds to a Federal funds rate to a level that is

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10749 fair and fairly reflects the economic The assistant legislative clerk pro- rates are higher now than they have been on rent for money relative to the real rate ceeded to call the roll. the average of the post-World War II pe- of inflation.’’ Mr. HARKIN. Mr. President, I ask riod.’’; The Federal Reserve Board has kept unanimous consent that the order for (5) inflation over the 2 years preceding the the Federal funds rate artificially high date of enactment of this Act was at its low- the quorum call be rescinded. est level since the 1960’s; because it has worried about inflation. The PRESIDING OFFICER. Without (6) interest rates on 30-year Treasury bonds As I indicated in the chart, the rate of objection, it is so ordered. have sunk to record lows and are below the inflation has come down, down, way Mr. HARKIN. Parliamentary inquiry. Federal Funds rate, a signal that the United down, even as unemployment has come What is the floor situation right now in States economy could be headed for a reces- down. The Federal Reserve Board, pre- terms of time under the unanimous- sion; dicting new waves of inflation at every consent agreement agreed to yester- (7) United States corporate earnings in the step along the way, has been consist- day? second quarter of 1998 were down 1.3 percent from a year earlier; ently wrong about this. Some say the The PRESIDING OFFICER. The Sen- (8) a reduction in interest rates would in- Federal Reserve Board should be given ator has the right to offer an amend- crease resources for business growth; credit for the fact it is down. The Fed- ment and the Senator has 15 minutes (9) the farm debt is at its highest level eral Reserve Board did nothing but pre- remaining on his time. since 1985, and broad commodity price in- dict this was going to be different. It Mr. HARKIN. I did not hear that. dexes are extremely low; requires no credit to be wrong. How much time? (10) there are significant, widespread signs So I ask, and I think Senator HARKIN The PRESIDING OFFICER. Fifteen of global deflation, to which the United would ask, the Federal Reserve Board minutes. States has not been exposed since the Great to do the right thing when it meets in Mr. HARKIN. On our side? Depression; (11) there has been a deterioration in a the Federal Open Market Committee, The PRESIDING OFFICER. That is number of economies around the world, and make the reduction in interest correct. which will negatively impact the United rates that is justifiable and is impor- Mr. HARKIN. Fifteen minutes left on States through fewer purchases of United tant to this country. this side? States exports and a greater influx of cheap Mr. President, I reserve the remain- The PRESIDING OFFICER. That is imports to the United States; der of the time, and I suggest the ab- correct. (12) the United States economy is a large, sence of a quorum. Mr. HARKIN. Mr. President, I yield 7 healthy economic engine, and if the United The PRESIDING OFFICER. The minutes to the Senator from Min- States economy does slow, it would be ex- ceedingly difficult for the worldwide econ- clerk will call the roll. nesota, Senator WELLSTONE. The assistant legislative clerk pro- omy to recover; The PRESIDING OFFICER. The Sen- (13) a decline in equity values could ceeded to call the roll. ator from Minnesota is recognized. dampen confidence and slow consumer and Mr. DOMENICI. Mr. President, I as Mr. WELLSTONE. Parliamentary in- business spending, which together represents unanimous consent that the order for quiry, Mr. President. Has the amend- four-fifths of the United States economy; the quorum call be rescinded. ment been called up? (14) a decline in United States interest The PRESIDING OFFICER. Without rates would help bolster the currencies of AMENDMENT NO. 3616 TO AMENDMENT NO. 3559 objection, it is so ordered. countries throughout the world suffering Mr. DOMENICI. Mr. President, may I (Purpose: To express the sense of the Con- from economic hardships; and gress regarding the reduction of the Fed- discuss with Senator DORGAN the cur- (15) a reduction in interest rates would eral Funds rate by the Federal Open Mar- strengthen the United States economy over rent situation? We have a unanimous- ket Committee) consent agreement that says at 11:45 the next year while the world’s weakened economies recover. a.m. I am to be recognized to move to Mr. HARKIN. Mr. President, before I yield to the Senator, I ask that the (b) SENSE OF THE CONGRESS.—It is the sense table the amendment. I am here. I only of the Congress that the Federal Open Mar- have 5 minutes to speak, and I don’t amendment be called up at this time. The PRESIDING OFFICER. The ket Committee should promptly reduce the choose to use that at this moment. Federal Funds rate. clerk will report. What is the Senator’s understanding Mr. HARKIN. I yield to the Senator about how we are going to handle this The assistant legislative clerk read as follows: from Minnesota 7 minutes. unanimous-consent agreement that The PRESIDING OFFICER. The Sen- The Senator from Iowa [Mr. HARKIN] for sets 11:45 a.m. as a vote time? ator from Minnesota. Mr. DORGAN. Mr. President, the himself, Mr. DORGAN, Mr. CONRAD, Mr. Mr. WELLSTONE. I thank the Chair. 11:45 a.m. time has been extended, I WELLSTONE, Mr. BRYAN and Mr. KERREY, pro- I thank my colleague from Iowa. think, by about 8 minutes by unani- poses an amendment numbered 3616 to amendment No. 3559. I do not think I am going to be able mous consent. to do justice to the question that is be- The PRESIDING OFFICER. By 5 Mr. HARKIN. Mr. President, I ask fore us. There was a bit of confusion. minutes; the Senator is correct. unanimous consent that reading of the Mr. DORGAN. By 5 minutes. That amendment be dispensed with. We were over hearing President Nelson would be 11:50 a.m. I am waiting for The PRESIDING OFFICER. Without Mandela and lost some valuable time Senator HARKIN to arrive on the floor. objection, it is so ordered. on the floor, although I must say I He is the principal sponsor, along with The amendment is as follows: would have never traded that experi- myself, on the legislation. He wants to At the appropriate place, insert the fol- ence to hear President Mandela. speak on it. I just finished speaking. I lowing: Mr. President, for the last few am waiting for Senator HARKIN. I sus- SEC. . SENSE OF THE CONGRESS REGARDING months, we have been so absorbed with pect he will want to provide some re- INTEREST RATES. the crisis at the White House I am marks, after which the Senator from (a) FINDINGS.—The Congress finds, as of the afraid we have neglected another crisis date of enactment of this Act, that— that might end up having a far greater New Mexico can proceed. (1) real interest rates are at historically Mr. DOMENICI. I appreciate that. I impact on ordinary working Ameri- high levels, the highest in 9 years; cans. I am talking about a global eco- guess while we are in a quorum call, (2) the Federal Funds rate is 5.5 percent, time is not running. I ask unanimous where it has been since March 1997, despite nomic crisis whose effects are already consent that up to 5 minutes of the an inflation rate of 1.6 percent; being felt on our shores. quorum call not be charged and, thus, (3) between 1992 and 1994, the Federal The situation in the global economy we will have 5 additional minutes be- Funds rate averaged 3.6 percent, while infla- today is much more than troubling; it fore the time the Senator from New tion was at 2.8 percent; is dangerous. I believe we must act now (4) to confirm that real interest rates are to stop the world from slipping into a Mexico makes a motion to table. historically high, the Chairman of the Board The PRESIDING OFFICER. Without deflationary spiral. And by the way, I of Governors of the Federal Reserve System, would like to give Bill Greider, and his objection, it is so ordered. Alan Greenspan, said during his Humphrey- Mr. DOMENICI. I suggest the absence Hawkins testimony before the Committee on book ‘‘One World: Ready or Not,’’ just of a quorum. Banking and Financial Services of the House a little bit of mention. I think Bill The PRESIDING OFFICER. The of Representatives on February 24, 1998, Greider deserves a tremendous amount clerk will call the roll. ‘‘Statistically, it is a fact that real interest of credit. That book, written about two

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10750 CONGRESSIONAL RECORD — SENATE September 23, 1998 years ago, was really prophetic about tionary spiral in your economy. That Moreover, an expected slowdown in where the international economy has not happened. There is no evidence economic growth should douse any pos- might go. that it will happen. sible inflationary pressures. Corporate As I said, I believe we must act now The No. 1 enemy right now is not in- earnings in the second quarter were to stop the world from slipping into a flation, but the whole question of defla- down 1.3 percent from the previous deflationary spiral. Surely part of the tion, the whole question of a depression year. Economic growth slowed from 5.5 solution—not the whole solution—is in a good part of the international percent in the first quarter to 1.6 per- for the Federal Reserve to cut short- economy which is going to dramati- cent in the second. The OECD predicts term interest rates significantly. cally, crucially, affect the quality of lower U.S. growth next year. Chairman I hope that Alan Greenspan, Chair- our lives, our children’s lives and our Greenspan himself has acknowledged man Greenspan, today in his testimony grandchildren’s lives. that ‘‘there are the first signs of ero- will, indeed, signal that he is ready to The Federal Reserve Board, led by sion at the edges, especially in manu- do that. This may be only one part of Mr. Greenspan, must lower short-term facturing.’’ Manufacturing capacity the solution, but it is an important interest rates. They are too high. It utilization is at a six year low, com- part, and that is what this Sense-of- makes no sense whatever—from the modity prices are falling, and farm the-Congress resolution is all about. point of view of the best macro- debt is the highest it’s been since 1985. Mr. President, this global economic economic management, from the point And the Fed says its monetary policy crisis is unlike anything many of us of view of economic performance, from must be based on forecasts of economic have ever experienced in our lifetimes. the point of view of stimulating de- conditions 6 to 9 months in the future! For the first time since the 1930s, we mand in these economies, from the In his speech last week, President see the GDP falling in over one-quarter point of view of coordinating with Clinton recognized that these new cir- of the world economy. Last week, other countries like Germany—for the cumstances call for a reexamination of President Clinton called this ‘‘the Federal Reserve Board not to lower the some of our most basic economic as- greatest financial challenge in the last federal funds rate. That is what this sumptions. ‘‘For most of the last 30 half-century.’’ And he was right. resolution calls for. That is why I am years, the United States and the rest of If we choose to do nothing, we will pleased to join my colleague from the world has been preoccupied by in- have little hope of escaping from this Iowa. flation,’’ he said. ‘‘But clearly the bal- crisis unscathed. As Chairman Green- This is why a rising chorus of voices ance of risks has now shifted, with a span recently testified, we cannot for- is now calling for lower rates. Many of full quarter of the world’s population ever be an oasis of growth when so them are conservatives. They include living in countries with declining eco- much of the world’s economy is con- the Wall Street Journal, Jack Kemp, nomic growth or negative economic tracting. the National Association of Manufac- growth. Therefore, I believe the indus- Lowering interest rates will address turers, the Business Roundtable, Ste- trial world’s chief priority today, the global crisis in several ways. It will phen Roache, C. Fred Bergsten, Roger plainly, is to spur growth.’’ supply some much needed liquidity to a Altman, Steve Forbes, and many oth- The Federal Reserve’s obsession with world economy starved by massive cur- ers. inflation-fighting can be traced back to rency devaluations. It should help re- But there are also many who don’t the so-called NAIRU [Non-Accelerating start capital flows to crisis countries. share my sense of alarm. A few may Inflation Rate of Unemployment] the- Lower rates should also weaken the simply be afraid to say anything that ory. What NAIRU boils down to is this: dollar, making it easier for foreign bor- could trigger a panic. Others may not it’s a belief that lowering unemploy- rowers to repay their dollar-dominated see any need to take precautions ment too much will cause inflation to debt. Boosting the yen against the dol- against a forecasted hurricane—espe- spiral out of control. Tragically, this lar should make other Asian countries cially when the skies directly above us theory has too often stood in the way more competitive and help stabilize are sunny and clear. Well, maybe they of policies that would reduce unem- their economies. The end result should are right. Maybe this storm will veer ployment. be higher world economic growth and off course. But what if they’re wrong? Yet it seems to have little, if any, less instability in the financial mar- Some of my colleagues may well say, correlation to our actual economic ex- kets. ‘‘We already have low interest rates. perience. For four years now we’ve had Mr. President, I cannot emphasize The Fed hasn’t raised short-term rates unemployment rates below 6 percent. enough how important this Sense-of- for a year and a half.’’ True enough. They’ve been under 5 percent for well the-Congress amendment is, because But if you adjust those rates for infla- over a year. During that time, inflation we are attempting to send a signal tion, they’ve actually been rising for has been falling, not rising. The fact is, here. I come from the Midwest. We see some time. Chairman Greenspan him- there’s little reason to believe low un- a contraction in the farm economy. We self testified earlier this year that employment causes inflation to come see farmers driven off the land because ‘‘Statistically, it is a fact that real in- unhinged. It seems to me that this of record-low prices. But what I also terest rates are higher now than they NAIRU theory is about as out-moded as see is an absolutely impossible situa- have been on the average of the post the Nehru jacket. And frankly, I have tion right now where what is hap- World War II period.’’ In fact, the infla- serious doubts whether either of these pening in this world economy is surely tion-adjusted federal funds rate hasn’t fads was ever really defensible. going to affect us. And there is no been this high since 1989. In the past, the Fed has focused on question that, by lowering interest Unfortunately, there has been a fighting inflation over all other consid- rates in coordination with other coun- strong bias, at the Federal Reserve and erations, which puts it at odds with its tries—like Germany and the G–7 coun- elsewhere, against lowering rates, own statutory mandate. Let me remind tries—we can at least increase demand. though this may be changing as we my colleagues, once again, that the If there is one thing we must do, it is speak. The reason for this is simple: an Federal Reserve is a creature of Con- increase demand in all of our econo- inordinate fear of inflation. But infla- gress. The 1946 Employment Act di- mies so that people will be able to con- tion today stands at 1.6 percent, down rects the Fed to pursue policies of sume, so we will have markets to sell from 3 percent in 1996. Where is the evi- ‘‘maximum employment, production, to. Bill Greider was right. The major dence of any inflationary pressure on and purchasing power.’’ The 1978 Hum- threat right now, not only to the inter- the horizon? This downward trend can- phrey-Hawkins Act amendments call national economy but to our own econ- not be attributed solely to the Asian for policies of ‘‘full employment,’’ omy, is not inflation. It is deflation. crisis, either: the producer price index ‘‘balanced growth,’’ and ‘‘reasonable All the arguments about the fell for the first seven months of 1997, price stability.’’ Instead, it seems the NAIRU—the Non-Accelerating Infla- before the crisis even began. To quote Fed sees its mandate as stifling real tion Rate of Unemployment—don’t Bruce Steinberg, chief economist at wage growth. stand up. It is not true that when you Merrill Lynch, ‘‘People who cry about Sometimes Washington seems like a have low levels of unemployment you inflation are in some other universe of different world than the one where automatically set into gear an infla- reality right now.’’ most Americans live, and never more

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10751 so than when it’s engulfed in scandal. who want or need to switch jobs to do so would be good for the global system as But it can seem like a pretty odd place without a long period of joblessness, and low- a whole. We cannot forever be the even in more normal times. In testi- ers the duration of a typical unemployment buyer of last resort. We cannot forever spell. . . . Wasted resources from not pro- help other countries develop economi- mony before Congress, Fed Chairman ducing at potential, together with the Greenspan has seemed to express satis- human cost of unemployment, are intoler- cally by absorbing all their manufac- faction that job insecurity keeps work- able; the elimination of this waste is the turing exports. They need to create ers from demanding higher wages. principal benefit of a sustained return to full their own domestic demand. Trade More recently he has voiced concern employment. should be a complement to healthy de- that wages are rising, despite the fact As James Galbraith argues in his mand at home, not a substitute for that wage growth has not kept up with powerful new book, Created Unequal, weak demand. Otherwise we cannot es- productivity. I’m not sure which is lower interest rates and full employ- cape the trap of excess production and more outrageous: that anybody in a po- ment help sustain not only a healthy overcapacity, with too many goods sition of power in this country would economy, but also a healthy society. being produced and not enough pros- say such things, or that so few people Lower rates make it easier to balance perous consumers to buy them. As the would be bothered by them. the budget. They help reduce inequal- AFL-CIO urged back in January, ‘‘The In all fairness, the Fed has resisted ity by lowering unemployment and re- United States, Europe, and Japan must the temptation to raise short-term ducing poverty, by preserving a com- work together to stimulate domestic rates for some time now. That’s prob- petitive dollar that doesn’t destabilize demand in the developing economies ably because falling unemployment has wages, and by checking the unearned and avert a dangerous tendency toward not led to higher wages until very re- income of top earners. They ease social global deflation.’’ cently, and inflation has continued on strains by pushing up wages and lifting Needless to say, we haven’t been its downward path. But now, in the sev- the burden of private debt. For all doing that. It certainly hasn’t helped enth year of this economic recovery, these reasons, in a full employment that, working through the IMF and we are finally starting to see signs of economy, citizens are more able and other multilateral institutions, we wage growth. Real wages have risen 2.6 willing to make necessary investments have imposed deflation on countries in percent annually for the typical Amer- in education, training, infrastructure, Asia and the rest of the world. We have ican worker since 1996, though they research, and other public goods. depressed foreign demand by insisting have still not regained their 1989 levels. But the flip side of this picture is not that other governments cut spending, And the trend toward income inequal- so rosy. Inequality has been rising close banks, weaken labor laws, and ity has also begun to slow. since about 1970, and today is the high- raise interest rates. And we’ve insisted This is good news, and it is a tremen- est it’s been since the Great Depres- that they deregulate financial markets dous breakthrough. The mystery of sion. Growing inequality brings out the to remove any checks on often desta- falling wages and rising inequality over worst in us. It eats away at middle bilizing flows of foreign capital. As the the past three decades turns out to be class solidarity. It encourages those AFL-CIO said back in February, not so mysterious after all. The fact is, who feel secure about their life chances ‘‘These terms may solve some short- we know how to raise wages and reduce to disavow any connection to their term credibility problems with foreign inequality. We do not have to reinvent brethren in need. Growing inequality investors, but will necessarily exacer- the wheel. Among other things, we finds expression in bitter struggles bate the tensions, inequality, and in- need to maintain low unemployment over issues such as affirmative action, stability of the global economy.’’ That, over a sustained period. We’ve done welfare, crime, entitlements, and even I believe, is exactly the problem facing this before and we can do it again. Sur- intelligence. And if income inequality us today. veying the U.S. economy since World had not so undermined middle class This is a time for bold new thinking. War II, economist James Galbraith solidarity, I don’t think the campaign In his speech last Monday, President finds that income inequality has gen- to privatize Social Security would have Clinton called on Chairman Greenspan erally risen when unemployment was ever gotten off the ground. and Secretary Rubin to convene a above 5 percent and fallen when unem- There are specific responses to each meeting of their counterparts in the G– ployment was below 5 percent. of these challenges, but the larger issue 7 and key developing countries within Simply put, we need to pursue a pol- is the erosion of solidarity among the next 30 days to strengthen the icy of full employment. The 1998 Re- Americans of different economic cir- international financial architecture for port of the Council of Economic Advis- cumstances. The answer, it seems to the 21st Century. Fifty years ago, he ers hails recent trends in income in- me, is clear. We must rebuild that soli- said, we learned to tame the cycle of equality and concludes, ‘‘Maintaining a darity with higher wages and lower in- booms and busts that had plagued na- full employment economy is essential equality. These lessons have a direct tional economies, and we must now do if this progress is to continue.’’ The ex- bearing on one of the paramount issues the same for the international econ- perience of the last two years should before Congress today: an America omy. drive that lesson home. It would be a with rising wages and declining in- But what does that entail, exactly? tragedy if an unjustified fear of rising equality is an America that need not Countries must be able to reap the ben- wages or an economic downturn kept worry about the future of Social Secu- efits of free-flowing capital in a way us from continuing that progress. With rity. that is safe and sustainable, the Presi- economic growth falling overseas and What is true for the American econ- dent said. The IMF should emphasize the growing danger of deflationary omy is equally true for the world econ- pro-growth budget, tax, and monetary aftershocks here at home, I believe the omy. The best global citizens are coun- policies. The World Bank should em- Fed needs to cut interest rates now. tries that generate their own domestic bark on a new ‘‘social compact’’ initia- There are few things, I think, that demand, and healthy demand depends tive focusing on job assistance and would improve the lives of ordinary on rising wages and lower inequality. basic needs of children and the elderly. working Americans more than full em- There’s been a lot of talk about vir- The World Bank and the Asian Devel- ployment. As the 1998 Report of the tuous cycles lately. Well, when income opment Bank should both double their Council of Economic Advisers says: gains are broadly shared, it creates a support for the social safety net in A high employment economy brings enor- virtuous cycle of mass purchasing Asia. mous economic and social benefits. Essential power, growth, savings, and new in- Meanwhile, it was reported yesterday to personal economic security is the knowl- vestment. We can promote this kind of that British Prime Minister Tony Blair edge that work is available to those who good citizenship by helping other coun- has joined the call to restructure the seek it, at wages sufficient to keep them and tries raise their wages from the bottom institutions and rules governing the their families out of poverty. A tight labor global financial system. And the IMF market encourages the confidence of job los- up—through higher minimum wages, ers that they will be able to return to work, recognition of labor rights, and fiscal just released a report endorsing the lures discouraged workers back into the and monetary stimulus. kind of capital controls Chile has labor force, enhances the prospects of those This kind of policy would be good not maintained for years to discourage de- already at work to get ahead, enables those only for them, but for us too. And it stabilizing short-term capital inflows.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10752 CONGRESSIONAL RECORD — SENATE September 23, 1998 This appears to represent a 180 degree Now, the amendment that I have at Policy wise, I believe they should about-face from its previous dogged in- the desk reads that we ask the Federal lower interest rates. So does the head sistence on liberalizing capital mar- Open Market Committee to promptly of the National Association of Manu- kets. reduce interest rates. Now, the Senator facturers, the president of General Mo- These are extraordinary develop- from New Mexico had suggested that tors, and a number of other economists ments. I believe they are a sign of the perhaps we might want to alter that a both on the conservative side and on seriousness of the crisis we face. They little bit to just say that perhaps we the liberal side. They are saying that also indicate that deeply entrenched should advise them or urge them to do we should lower interest rates. assumptions are now being reexamined. something like that. I think the purpose of this resolution I refer back to a congressional reso- That’s something we should welcome and why I am offering it is to back up lution passed by the Senate on Decem- and encourage. what I understand Chairman Green- ber 18, 1982. It passed by 93–0. I believe I believe we can prevent the worst span is attempting to do. I understand the Senator from New Mexico may from happening, but we must act now. there are still some members of the have been here at that time. I didn’t These are times that cry out for Amer- Federal Open Market Committee who check that, but I think he may have ican leadership. The most pressing don’t believe we should lower interest been here at that time. It passed 93–0. need, and our most immediate priority, rates. I think we should send them a That resolution also called on the Fed must be to deliver a preemptive strike very strong signal. We should back up to reduce interest rates. I will just read against deflation. At the next meeting what I understand Chairman Green- one sentence of it: of the FOMC, Federal Open Market span is now saying that they probably Committee, on September 29, the Fed It is the sense of the Congress that they should continue to take such actions as are ought to do, and that is lower interest should lower interest rates signifi- rates. That is the purpose of this cantly. necessary to achieve and maintain a level of interest rates low enough to generate signifi- amendment. Mr. HARKIN. How much time do I cant economic growth, and thereby reduce have remaining? Mr. ABRAHAM. Mr. President, al- the current intolerable level of unemploy- though I agree with the economic case The PRESIDING OFFICER. The Sen- ment. ator has 7 minutes 38 seconds remain- for lower interest rates made by the At that time, December 18, 1982, the Senator from Iowa, I must vote to ing. Senate saw fit by a vote of 93–0 to tell Mr. HARKIN. I yield whatever time I table this amendment. While Members the Federal Open Market Committee of Congress and Senators certainly consume. that they should do something. That is Mr. President, this amendment that have the right to express their opinions what we are saying here in this resolu- about the conduct of monetary policy, we have offered is cosponsored by Sen- tion. They should promptly reduce in- it is highly inappropriate for the Con- ators DORGAN, CONRAD, WELLSTONE, terest rates because every sign points gress as an institution to take formal ROBERT KERREY, and Senator BRYAN. to the need to do so. Again, we could legislative action designed to influence Because of the actions of the Federal say that they should consider doing it, decisions made by the Federal Reserve Open Market Committee, real interest but I am just saying in 1982 we didn’t board members. To do so would under- rates are rising. In fact, real interest say they should consider taking such mine the political independence of the rates are at historically high levels, actions. The resolution said, ‘‘They Fed and thus the stability of our finan- the highest in 9 years, because infla- should continue to take such actions.’’ tion has fallen while the Federal Re- So there was a direction from the cial and monetary system. serve failed to lower the Federal funds Senate at that time to the Fed. To Having said this, Mr. President, I am rate. those who say we shouldn’t interfere concerned about the volatility and un- This chart points it out. The Federal with the Fed, I say where in the Con- certainty enveloping worldwide finan- funds rate continues to go up at about stitution of the United States is the cial markets and the role that U.S. 3.9 percent. Fed Chairman Greenspan Federal Reserve system given such a monetary policy is playing in our glob- said in February of this year: standing? It is nowhere to be found in al financial system. There are prolifer- Statistically, it is a fact that real interest the Constitution. Article I, section 8 of ating signs of deflation that many rates are higher now than they have been on the Constitution gives the power to economists suggest are at least par- the average of the post-World War II period. coin and regulate the power of money tially responsible for the recent mar- I have said time and again that the to Congress. We have, of course, dele- ket turmoil. high interest rate policy being imposed gated that power to the Federal Re- Gold prices have fallen by more than by the Federal Reserve is a stealth tax serve System under the Federal Re- 30% since early 1996, commodity prices on hard-working American families, serve Act, as amended, many times. have fallen to 21-year lows, the yield and I believe it is a contributing factor Obviously, I don’t believe Congress curve has now inverted and real inter- to the near collapse of several econo- should coin money or regulate the est rates remain very high. Chairman mies worldwide. value it. We couldn’t do it. That is why Greenspan himself has said in the past Again, interest rates have a signifi- we have the Federal Reserve. that these indicators were important cant impact on virtually every family However, as policymakers, because signals of the direction of inflationary in America, every producer, business, the Federal Reserve is a creature of pressures. and family farmer in this country. Congress, it exists only because of an Lower rates have been needed for some amended law, passed by Congress. We Nonetheless, rather than focusing on time, but now quick action is truly have the right, and I believe the obliga- these market indicators, some mem- crucial for our country’s well-being. tion, to tell the Federal Reserve what bers of the Fed appear to have placed The economic signs not only in the we feel, what we hear, what we see, more focus on the unemployment rate, U.S. economy but in economies world- what we think is happening in the rising stock prices and wage growth. In wide demand swift and appropriate ac- economy. We are the policymakers and the meantime, corporate profits have tion. we should give them that guidance and declined on a year-over-year basis for I note in the front page of the Wash- direction when and if we believe that the first time in a decade, farm prices ington Post this morning it says, we should do so. are plummeting, bankruptcies have ac- ‘‘Signs Point to Interest Rate Cut,’’ Again, if there are those who don’t celerated and now the stock market is and: believe that we should reduce interest reflecting slower growth ahead. Federal Reserve Board Chairman Alan rates, that we shouldn’t tell the Fed- Mr. President, in my judgment, the Greenspan will testify before Congress today eral Reserve that they should reduce best environment for business is an en- amid growing signs that he may propose cut- interest rates, that I can understand. vironment of price stability. Price sta- ting interest rates when Fed policymakers That is a clear policy difference. But to bility should be the Federal Reserve’s meet next Tuesday. say that we shouldn’t tell the Fed what number one priority. And this means And it goes on to say how many ex- to do flies in the face, I believe, of our avoiding both inflation and deflation. ecutives and economists have called for responsibilities and our obligations as Today, it appears that the risks of de- that. policymakers here in the U.S. Senate. flation have risen excessively.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10753 History clearly shows that when Committee should promptly reduce the italism and entrepreneurship doesn’t monetary policy is focused on man- Federal funds rate. work, but there are institutions that aging stock markets, wages or unem- Any Senators who have traveled the have fallen apart in other countries ployment, mistakes can be made. I do world, including Europe, and are asked that are affecting us. I have no doubt not believe that higher rates of eco- what institution that the United that the Federal Reserve Board is nomic growth creates inflation. In my States has in place that is the best going to do the right thing. There is no view, rising stock prices, rising wages, thing going for global success, Amer- doubt in my mind that they are. I also and falling unemployment reflect the ican capitalism and prosperity, guess suggest that if they reduce interest incredible wealth creating capacity of what they will say? They won’t say the rates, everybody should not expect a free market system, not the artificial Senate, they won’t say the House, they that the world economy is going to get result of an easy monetary policy. In won’t say the President; they will say fixed. There are many serious problems today’s high-tech world of higher pro- the Federal Reserve Board and its that it won’t fix. ductivity, using discredited models of Chairman, who have been permitted, I reserve the remainder of my time. the economy, based in the Phillips by act of Congress, to act independ- Mr. HARKIN addressed the Chair. Curve, seems archaic. ently of political pressures. The PRESIDING OFFICER. The Sen- The recent currency devaluations in Now, frankly, there is a very serious ator from Iowa. emerging economies has also increased problem with global economic fal- Mr. HARKIN. Mr. President, this deflationary pressures. As these cur- tering. Nobody has an answer to it. amendment does not set monetary pol- rencies decline in value, the worldwide There are many suggestions as to what icy. It is a nonbinding sense of the Con- demand for U.S. dollars has dramati- we didn’t do that we should do. But I gress. William Gaston from the Con- cally increased. However, because submit, for the world to find out, after gressional Research Service writes in a there has been no matching increase in Alan Greenspan and this Federal Re- CRS report that, ‘‘Congress has en- the supply of dollars, the global econ- serve Board have done a most mar- acted nonbinding language to express omy faces a severe liquidity squeeze. velous job in controlling interest rates its monetary policy preferences to the And as Mr. Greenspan said during his and monetary policy that the whole Fed.’’ recent remarks at the University of world is looking at and saying they did The last time this Senate debated a California, Berkeley, ‘‘ it is just not it perfect, absolutely right—for us to sense-of-the-Senate resolution to ask credible that the United States can re- come along now and say, ‘‘Well, look, the Fed to lower interest rates was De- main an oasis of prosperity unaffected that is really so, but we would like to cember 18, 1982. Again, I will read—it by a world that is experiencing greatly tell them right now’’—in a way taking did not say it should seriously con- increased stress.’’ away some of their independence be- sider, it said, ‘‘It is declared that it is Given the mounting evidence of de- cause we want to put political pressure the sense of the Congress that they flation and the growing global finan- on them—‘‘that they should promptly should continue to take such actions as cial difficulties, I believe the Federal reduce interest rates,’’ frankly, I be- are necessary.’’ That is what it said in Reserve should seriously consider re- lieve we will send the wrong signal, be- 1982. It didn’t say they should ‘‘seri- ducing short-term interest rates at this cause I think the signal we need is the ously consider,’’ but they should ‘‘take juncture. The ‘‘real’’ federal funds rate stability of the Federal Reserve Board such actions.’’ has steadily increased as inflation has making decisions on behalf of America, That is what this amendment says. It declined, implying a continued tight- and America in a global market. That says they should reduce interest rates. ening of monetary policy. A rate cut is the kind of stability that the world The Business Roundtable said, ‘‘The would provide much needed liquidity to is looking for. President and Congress should encour- You know, I don’t think anybody be- global economy, stabilize world-wide age the Federal Reserve to lower U.S. lieves—and I am not saying Senator financial markets, and ensure contin- interest rates. . .’’ not to seriously HARKIN does—that we should regularly ued non-inflationary economic growth. consider it. Mr. President, in summary, while I on the floor of the Senate be critiquing The PRESIDING OFFICER. The Sen- personally believe that the economic the Federal Reserve Board and then ator’s time has expired. case for lower interest rates is strong, telling them what they ought to do. I Mr. HARKIN. Mr. President, I ask I do not believe it is the proper role of don’t think anybody thinks that. But I unanimous consent for 1 more minute. the Congress to dictate that the Fed think we are falling right into that implement a specific monetary policy trap here. Mr. DOMENICI. Mr. President, it is action through formal legislative ac- I have suggested—and I give it again not that I am worried about argu- tion. to the sponsor—why don’t we do what ments, but we have been changing to Mrs. FEINSTEIN. Mr. President, I we ought to do and say the Federal accommodate. But I will not oppose will vote to table this amendment to S. Open Market Committee should seri- the Senator having 1 more minute. 1301, the Bankruptcy Reform bill, ously consider reducing the Federal Mr. HARKIN. I thank the Senator. which expresses the sense of the Con- funds rate? That way, we would be The PRESIDING OFFICER. The Sen- gress ‘‘that the Federal Reserve Open chiming in by whatever vote occurs ator is recognized for another minute. Market Committee should promptly re- with many people who think that, but Mr. HARKIN. This says, ‘‘The Presi- duce the Federal Funds rate.’’ My vote we would not take this time in eco- dent and Congress should encourage to table this amendment should not be nomic history to say that we are opt- the Federal Reserve to lower interest construed as opposition to lower inter- ing to say that the U.S. Senate says rates.’’ It didn’t say we should have est rates. Rather, I do not believe it is you should do it promptly. That is my them consider it. That time has passed. the duty of this body, nor do I believe argument. The Senate can do what it I might have agreed with the Senator that it is appropriate for this body, to would like. I believe we ought not from New Mexico a year ago, that they tell the Federal Reserve Open Market adopt it. If we want to state our case in should consider it. Now the time is Committee what to do. this regard, we ought to state it an- critical. If the Federal Open Market Mr. HARKIN. How much time re- other way, so that we are just joining Committee doesn’t act next week, they mains? in with comments and observations, don’t meet again until November. That The PRESIDING OFFICER. The Sen- but not drawing a conclusion that says is why it is so crucial that we, as pol- ator has 50 seconds remaining. if we were doing it, we would change it icymakers, send a strong signal, not Mr. HARKIN. I reserve my 50 sec- right now and we urge that you do that that they should consider reducing in- onds. and do it promptly. terest rates, but they ought to do it. Mr. DOMENICI. Mr. President, the That is essentially the issue. We ought to back up what we know is question before the U.S. Senate is not Mr. President, we are in the most right, back up what the Business whether the Federal Reserve Board complicated quasi-world recession that Roundtable and almost every econo- should reduce interest rates; it is we have been in perhaps in modern mist is saying that we have to do. Is whether or not the U.S. Senate should times because capitalism is faltering that interfering with the Fed? Not at say that the Federal Open Market around the world—not because cap- all. But it is telling them what we, as

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10754 CONGRESSIONAL RECORD — SENATE September 23, 1998 policymakers, believe and feel they The assistant legislative clerk pro- The PRESIDING OFFICER. Is there should do at their next meeting, and ceeded to call the roll. objection? that is to promptly reduce interest Mr. NICKLES. I announce that the Mr. HARKIN. I object. rates. Senator from Virginia (Mr. WARNER) is The PRESIDING OFFICER. Objec- I thank the Senator from New Mex- necessarily absent. tion is heard. ico. Mr. FORD. I announce that the Sen- Mr. DOMENICI. Mr. President, I say Mr. DOMENICI. Mr. President, I have ator from Ohio (Mr. GLENN) is nec- to Senators, I will speak to the leader been here a long time and I voted on essarily absent. and maybe we can offer it somewhere that resolution that the Senator is The PRESIDING OFFICER. Are there else. We cannot offer it on this bill. I talking about. I didn’t think I ever any other Senators in the Chamber regret we cannot vote on it. I yield the voted on a resolution that told the who desire to vote? floor. Federal Reserve Board what to do in The result was announced—yeas 71, Mr. HARKIN addressed the Chair. precise terms like, ‘‘Lower the interest nays 27, as follows: The PRESIDING OFFICER. The Sen- rates.’’ The resolution that we adopted [Rollcall Vote No. 283 Leg.] ator from Iowa. Will the Senator sus- overwhelmingly was much more in the YEAS—71 pend? May we have order in the Cham- tone and tenor and words of what I rec- ber, please? All conversations in the Abraham Faircloth McCain ommended. It says: ‘‘They should con- Allard Feinstein McConnell aisle should be moved to the cloak- tinue to take such actions as are nec- Ashcroft Frist Moseley-Braun rooms. essary to achieve and maintain inter- Bennett Graham Moynihan The Senator from Iowa. est rates low enough to generate sig- Biden Gramm Murkowski Mr. HARKIN. Mr. President, usually Bingaman Grams nificant economic growth.’’ Murray when votes are cast, I don’t like to re- Bond Grassley Nickles Frankly, that is precisely what we Breaux Gregg Robb visit them. People have their reasons; ought to be doing. We ought to be say- Brownback Hagel Roberts we vote and we move on around here. Burns Hatch Rockefeller ing take whatever action is necessary; Byrd Helms But I heard so much in the well from Roth we should not say to them that we are Campbell Hutchinson people voting on this last sense-of-the- Santorum Chafee Hutchison saying, as a matter of policy, you Sessions Senate resolution that I felt I should should lower the interest rates. We Coats Inhofe take a little bit of time to perhaps Cochran Jeffords Shelby ought not do that to the Federal Re- Collins Kempthorne Smith (NH) clarify a couple of things and to make serve. It will not do anything but dis- Coverdell Kerry Smith (OR) an additional point. credit them over the long run and add Craig Kohl Snowe First of all, this was a sense-of-the- Specter D’Amato Kyl Congress amendment. It was non- instability where stability is needed. DeWine Landrieu Stevens Mr. HARKIN. Maybe we could reach Dodd Leahy Thomas binding. Someone said, ‘‘We shouldn’t an agreement on language here. Domenici Lott Thompson be legislating what the Federal Reserve Mr. DOMENICI. I gave the Senator Durbin Lugar Thurmond should do.’’ With that I wholeheartedly the language. I believe I am entitled to Enzi Mack Wyden agree. We were not legislating a law to make a motion to table. NAYS—27 tell the Federal Reserve what to do, The PRESIDING OFFICER. Under Akaka Feingold Lautenberg No. 1. That is my first point. This was the previous order, the Senator is rec- Baucus Ford Levin a nonbinding sense of the Congress—we ognized to move to table the amend- Boxer Gorton Lieberman Bryan Harkin Mikulski adopt those all the time around here— ment. Bumpers Hollings Reed basically to say, ‘‘Here is what I, a pol- Mr. DOMENICI. I would like to do Cleland Inouye Reid icymaker, think should be done.’’ this, because there is a desire to talk Conrad Johnson Sarbanes Secondly, this is not without prece- for a minute. Without losing my right Daschle Kennedy Torricelli Dorgan Kerrey Wellstone dent. This body has in the past voted to move to table this when we come on sense-of-the Congress amendments out of a quorum call, I ask unanimous NOT VOTING—2 and resolutions that have told the Fed consent that we can have a quorum Glenn Warner what we believe they should do. call and that I may reserve the right to The motion to lay on the table the Third, I heard it said that we should move to table. Is that language precise amendment (No. 3616) was agreed to. not be politicizing the Fed. With that I enough? Mr. DOMENICI. Mr. President, I wholeheartedly agree. But article I, The PRESIDING OFFICER. Yes. move to reconsider the vote by which section 8 of the Constitution gives the Without objection, it is so ordered. the motion was agreed to. power to coin money and regulate the Mr. DOMENICI. Mr. President, I sug- Mr. GRASSLEY. I move to lay that value thereof to the Congress of the gest the absence of a quorum. motion on the table. United States. It did not give it to the The PRESIDING OFFICER. The The motion to lay on the table was Federal Reserve System. clerk will call the roll. The Congress, in its wisdom, in the The assistant legislative clerk pro- agreed to. past set up the Federal Reserve System ceeded to call the roll. Mr. DOMENICI addressed the Chair. Mr. DOMENICI. Mr. President, I ask The PRESIDING OFFICER. The Sen- to do that. We delegated our powers to unanimous consent that the order for ator from New Mexico. Will the Sen- the Fed to do that. Over the inter- the quorum call be rescinded. ator from New Mexico withhold? May vening years, we have amended the The PRESIDING OFFICER (Mr. we have order in the Chamber, please? Federal Reserve Act. It is not carved in BURNS). Without objection, it is so or- All conversations should be moved to stone. It has been amended and dered. the cloakrooms. The Senator from New changed several times since 1913. But Mr. DOMENICI. Mr. President, pursu- Mexico deserves to be heard. the Federal Reserve System remains a ant to the order, I have a right to move The Senator from New Mexico. creature of Congress. It exists only by to table at this point. Mr. DOMENICI. Mr. President, a the laws passed by the Congress. It is I move to table the amendment, and number of Senators who voted on the not a separate branch of Government. ask for the yeas and nays. motion to table which I proposed indi- It is not some kind of supreme being, The PRESIDING OFFICER. Is there a cated that they would like to see an ex- some kind of item of sanctity that we sufficient second? pression regarding the interest rates, can never touch. I believe it is not only There is a sufficient second. but not a mandate. I ask unanimous our right but our responsibility as pol- The yeas and nays were ordered. consent—I am not sure I will get it icymakers at certain times, if we feel a The PRESIDING OFFICER. The —but I ask unanimous consent that it certain way, to be able to tell the Fed- question is on agreeing to the motion be in order that I offer a similar resolu- eral Reserve System what we believe of the Senator from New Mexico to lay tion, but the resolve clause would they should do. on the table the amendment of the state: So on this past vote I have no quarrel Senator from Iowa. On this question, It is the sense of the Congress that the with anyone who believes the Federal the yeas and nays have been ordered, Federal Open Market Committee should con- Reserve should not lower interest and the clerk will call the roll. sider reducing the Federal funds rate. rates. I may debate that point with

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10755 them, because I believe they should like every other Government entity in The GAO—not us—the GAO says that lower interest rates. That is a good de- this country. But no. In fact, we asked ought to be returned. But it will not bating point. But if someone voted on for a General Accounting Office study be, I assume because this Senate—Con- this and said no, the Federal Reserve to find out a little bit about the inner gress says, ‘‘Gee, we don’t want to should not lower interest rates, that I workings of the Federal Reserve Sys- touch that house on the Hill that’s got believe is a valid position that someone tem, and we found, among other those big gates around it, the big fence. might hold, of which I disagree. things, they have what we refer to as a And it’s an American dinosaur. We Mr. REID. Would the Senator from ‘‘slush fund,’’ what they refer to as a can’t crawl in there and see what’s Iowa yield for a question? ‘‘rainy day fund’’ that they have kept going on.’’ But the GAO did a 2-year Mr. HARKIN. Let me finish this, and there for 80 years, or thereabouts, 70- study. I would commend my colleagues I will. some-odd years. It is billions of dollars to take a look at what they found in But to say we cannot vote to tell the that they just keep there. that study. Fed what to do because it would be po- That money, we believe, should be There is plenty wrong down there. liticizing it or we cannot interfere I be- taken out of the Federal Reserve Sys- There is not good accounting. There is lieve somehow is an abdication of our tem and applied toward the deficit to not good contracting. There is a rainy responsibilities, not only our rights but take down the debt that we owe. But day fund of billions of dollars. So there our responsibilities as policymakers to no, they keep hanging on to that is plenty of work to do with the Fed. tell a creature of the Congress what we money year after year. I ask the Senator from Iowa, isn’t it believe they should do. We do not do it I appreciate, very much, this amend- the case that all we were doing today very often in terms of the Fed. In fact, ment having been offered by the Sen- was to say, ‘‘Gee, we think it’s time for I pointed out the last time we had a ator from Iowa, because, if nothing you to reduce interest rates the next Sense of the Congress calling on the else, it allows me the opportunity to time you meet, given all the evidence Fed to lower interest rates was in 1982. ask the Senator from Iowa a question: that exists’’? So this is not something we take light- Shouldn’t we audit the Federal Reserve Several Senators addressed the ly. System? The American public thinks Chair. But I believe at this point in time, so, but here the message is without re- Mr. HARKIN. I yield to my friend with the world economy being what it sponse. We cannot get people to sup- from Nevada. is, with the tremendous drop in com- port us on that. Mr. REID. I say to my friend from modities and commodity prices here Mr. HARKIN. This Senator was not Iowa, I do not think the Senator from and around the world, with the specter aware of that. Iowa realizes, in the GAO report we Is the Senator telling me that the of depression and deflation facing us— also found that the governors of the Federal Reserve, which I have just almost every economist, conservative, Federal Reserve System, some of them stated is a creature of Congress, and liberal, head of the Business Round- fly first class, some of them fly what- exists by law, that the General Ac- ever class they want. We found the table, head of General Motors, head of counting Office, our accountant, can- most interesting things there, how the National Association of Manufac- not audit the Federal Reserve? turers, all say the Fed should lower in- Mr. REID. Cannot, does not, and will they have no rules or guidance, how terest rates. not. they travel, how their expenses are de- I offered this amendment, along with Mr. HARKIN. I would respond to the termined. others, in good faith, to back them up Senator by again asking the Senator a I recommend to my friend from Iowa, to say, yes, you should lower interest question. Have we ever tried to pass and everyone within the sound of our rates. And that is what this was meant something here to have an audit done voices, that we need to take a better to do, to send that sense of the Con- for the Federal Reserve? look at the Federal Reserve System. I gress that that is what we believe they Mr. REID. Yes. commend and applaud the Senator should do. Obviously, we did not pre- Mr. DORGAN. I wonder if the Sen- from Iowa for bringing this amendment vail. So I can only assume that most ator would yield for a question. here today because it gives us a chance people do not believe they should lower Mr. HARKIN. I yield to the Senator to focus, as you have said, on a crea- interest rates. from North Dakota for a question. ture we created. Congress created this. I would be delighted to yield to my Mr. DORGAN. The Senator from Ne- And we have statements here: ‘‘Hey, we friend from Nevada for a question. vada talked about this audit that was can’t suggest to the Federal Reserve Mr. REID. Does the Senator from done of the Fed by the GAO. What the System because it might hurt us inter- Iowa realize that Senator DORGAN and audit showed was a $3.7 billion fund ac- nationally.’’ Congress created the Fed- I have offered legislation on several oc- cumulated at the Federal Reserve eral Reserve System. Can’t we do a lit- casions to have the Federal Reserve Board—$3.7 billion. And they pointed tle bit about it, for example, to see how System audited on a yearly basis? Is out that the Fed has not had a loss for they spend their money? The answer to the Senator aware we have done that? nearly 80 years—will never have a loss. this point is no. Mr. HARKIN. This Senator is not You can’t lose money when you create Mr. HARKIN. I hope that the Sen- aware of that specific legislation, no. money. So there was no reason to have ator, then, would try again to bring up Mr. REID. Would the Senator ac- a rainy day fund or some sort of provi- some legislation to provide for an audit knowledge that the Federal Reserve sional fund of $3.7 billion. And the GAO of the Federal Reserve. I honestly can- Board—it would be a good idea to see recommended that it be returned to not believe we are not doing that. I ap- how they spend their money? the Treasury. It belongs to the Amer- preciate the Senator for his enlighten- Mr. HARKIN. We don’t know that? ican people. ment on that issue. Mr. REID. The Federal Reserve Sys- Not only has it not been returned, I yield to the Senator from Utah for tem is not audited. the $3.7 billion has now been increased a question. Mr. HARKIN. No. I ask the Senator— to $5.2 billion. So you have to say to Mr. BENNETT. I cannot let this ex- I am not being facetious. Is the Sen- somebody, if you think there is reason change go without giving a word or two ator from Nevada telling me that the to get some of these resources to do of explanation. The Federal Reserve General Accounting Office, the GAO, something with it—pay down the Fed- Board, as the Senator from Iowa has does not audit—— eral debt or to do some of the other accurately stated, was created by the Mr. REID. Absolutely not. issues—there is $5.2 billion down at the Congress, and presents to the Congress Mr. HARKIN. Can the Senator tell Fed that they have for a rainy day an audited statement of its financials me why the GAO does not audit the fund, and they never have rain down every year. It is addressed to the Federal Reserve? there. They create money. They make Speaker of the House. Mr. REID. The Senator from North their own money. And they have never It is true that it was not done by the Dakota and I have been wondering for had an annual loss, and will never have General Accounting Office, but they a couple of years. We have offered leg- a loss; and yet they have squirreled are audited by a legitimate outside islation time and time again to have away $5.2 billion of resources. And we auditor, and their activities, down to the Federal Reserve System audited, have raised this issue. the penny, are reported to the Speaker

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10756 CONGRESSIONAL RECORD — SENATE September 23, 1998 of the House in a written document gathered. I know it was not intended Federal Reserve should vote this way every year. I will be happy to supply it for the Senator from Nevada to grant or that. That is politicizing. That is to any Member of this body that may that misimpression, but some might what this Senator would even vote wish it. have the misimpression that the Fed- against. Mr. HARKIN. I thank the Senator for eral Reserve Board does not respond to But for the Senate to say to the Fed- this enlightenment. the Congress that created it in an or- eral Reserve, a creature of the Con- I am responding to what the Senator derly fashion. gress, we have looked at the landscape, from Nevada said, that they were not Mr. HARKIN. If I might say to my we see what is happening in our econ- audited. friend from Utah and Nevada, is it pro- omy, we see what is happening world- Mr. BENNETT. The Senator from Ne- scribed by law that the GAO cannot wide, we don’t like what we see. We be- vada is correct; they are not audited audit the Federal Reserve? Is that pro- lieve that the time has come to lower regularly by the General Accounting scribed or is it just that they don’t do interest rates. We believe something Office, but it is audited. A copy of the it until we tell them to do it? should be done. audited and exact financial activities Mr. REID. I say to my friend from Now, again, I see nothing wrong with of the Federal Reserve Board are sub- Iowa, I can’t answer that question. I this debate. I think that is part not mitted in writing to the Speaker of the just know they don’t do it. They have only of our rights, but our responsi- House every year. never done it. bility. I have constituents who are con- When we asked for the review by the I want to take a couple more minutes stantly saying to me that the Federal General Accounting Office of the Fed- to say why I believe so deeply and so Reserve Board is owned by a group of eral Reserve System, they fought us strongly that we should be saying to Swiss bankers or foreign interests every step of the way. It took 2 years the Fed that they should lower interest somewhere and that it has never been to get information that should have rates. Sometimes you would think this audited. I always send them a copy of been obtained in a matter of a couple is a liberal proposition. I don’t define it the audited report of the Federal Re- of months. in terms of left, right, liberal, conserv- serve Board that is submitted to the Mr. HARKIN. I ask the Senator from ative. I really don’t define it in that Speaker so that they can know that Utah if they do this audit that the Sen- way. I define it in terms of whether or this creation of the Congress does not ator says is done what would be wrong not we believe interest rates should be go unexamined by an appropriate au- with having the GAO do their own sep- lower or whether we think they diting firm. arate audit? What is wrong with that? shouldn’t be lower; whether we think It is true to say that it is not audited Mr. BENNETT. I don’t know, either, the economy is going into a recession, regularly by the General Accounting I say to the Senator from Iowa. I have or whether we think the economy may Office. I think that is the point the not looked into that. be verging on inflation. If you think Senator from Nevada was making. Frankly, I have examined the annual the economy is experiencing an accel- However, I think we should not let peo- report that the Fed submits to the eration of inflation, you would not ple be under the assumption that the Congress, addressed, as I say, to the want to cut interest rates; if you think Federal Reserve Board goes without Speaker of the House every year. They the economy is verging on recession, anybody paying any attention to how do it in accordance with law. They re- you would want to lower interest rates. they handle their money. spond to the law that created them in Mr. HARKIN. Without losing my that fashion. At least to my satisfac- That is where I believe we are. Don’t right to the floor, I yield for a further tion, after examining that document, I take my word for it. I will point out answer from the Senator from Nevada. haven’t felt the need for any additional what the Business Roundtable said on Mr. REID. I say to my friend from information. September 16, last week: Utah through the Senator from Iowa As to whether there is a legal pro- The President and Congress should encour- that I think this is something that scription against GAO, I have no age the Federal Reserve to lower U.S. inter- really deserves a debate. I hope that knowledge one way or the other. est rates. In addition, the President, Con- when our bill is offered on a subsequent Mr. HARKIN. I thank the Senator gress and the Federal Reserve should work with our international trading partners to occasion that the Banking Committee from Utah. stimulate their domestic economies. will at least give us a hearing on this. Again, this raises another issue that . . .. should encourage the Federal Reserve I say to my friend from Utah, yes, was not in the sense-of-the-Congress to lower U.S. interest rates. there is a document that they call an amendment that I sent to the desk on It doesn’t say we should ask the Fed audit, but it is a self-audit. You cannot which we just expressed ourselves. to ‘‘consider.’’ It doesn’t say that. It audit yourself. That is, in effect, what I wanted to get back to the point, says they should ‘‘lower’’ the rates, not has happened. We think there should be again, that it is a creature of Congress. ‘‘consider.’’ oversight by the Congress of the United I am somewhat disturbed, not so much States which created the Federal Re- by the outcome of the vote. I have lost There is talk that the Senator from serve System. They shouldn’t be able votes around this place before. That is New Mexico wants an amendment to to hire whoever they want to look at not the point. But the issue is the kind say that we would just consider, that their books. They may do a great job, of talk that I heard among Senators we should tell the Fed they should con- but from a perception standpoint it after voting on this that, (a) we sider lowering interest rates. I don’t doesn’t look great. shouldn’t politicize the Fed; (b) we believe that language is strong enough. When the General Accounting Office shouldn’t tell the Fed what to do; (c) Again, it is as if for some reason we al- tried to get the information requested the Fed is a separate entity and we most have to ask the Fed for their per- by the Senator from Nevada and the shouldn’t have anything to do with mission to tell them what we think Senator from North Dakota, it was ex- them. they should do. tremely difficult to get. The Federal I just don’t understand where this Mr. WELLSTONE. Will the Senator Reserve System is an island to itself. comes from. I don’t understand why yield? They don’t like to be messed with, this is the perception of so many peo- Mr. HARKIN. I yield for a question to bothered, or give information. ple. I don’t know why the Federal Re- my friend from Minnesota. Mr. HARKIN. If I might yield further serve System has become so sacrosanct Mr. WELLSTONE. Mr. President, for without losing my right to the floor, I that we simply cannot deal with it. It some reason I don’t understand, as yield to the Senator. is like the ‘‘Holy of Holies.’’ well, why Senators are unwilling to Mr. BENNETT. Mr. President, I am I find it strange that, as policy- speak to this issue and provide our happy to have a debate about this with makers, we can’t stand up and tell the judgment about what should be done. the Senator from Nevada or anyone Fed what we think they should do. We don’t talk about monetary policy else. I think it is a legitimate issue to That is not politicizing it. To politicize much. be aired, but I did not want to let the it would be for us to pass a law man- The Business Roundtable says, ‘‘The opportunity go by with the dating that interest rates be at a cer- President and Congress should encour- misimpression that some might have tain level, or a law mandating that the age the Federal Reserve to lower U.S.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10757 interest rates.’’ The Business Round- monetary policy,’’ and they started other countries will try and export table doesn’t fit into the label ‘‘lib- raising interest rates. Inflation never their way out of crisis? That they will eral,’’ although I think that label is ir- went up. Then unemployment went dump a lot of products on our market relevant. Why has the Business Round- down. And, they said, ‘‘Well, we and end up competing with workers in table taken that position? What is it changed our minds. The natural rate of our country? about real interest rates that is so im- unemployment is actually 5.5 percent.’’ Aren’t you really saying that, in the portant to the people you represent in Well, then unemployment went below absence of something being done Iowa and the people I represent in Min- 5.5 percent. Now we are at 4.5 percent through monetary policy, we are not nesota? Can we talk for a moment unemployment, and still no inflation. going to be able to get enough demand about that? Yet, the Federal Reserve has continued going in these countries? That we are Mr. HARKIN. Sure. I thank the Sen- to keep a tight money, high interest not going to have enough economic ator. That is really the point. I have a rate policy in effect, because they were stimulus? That people are not going to chart to show that the real Federal afraid; they felt that because of this have money to buy products, which funds rate is at its highest level in nine economic theory, inflation was going would help create jobs? And that the years. What does that mean? What that to take off. major problem is not going to be what means is that real rates of interest are What happened is, because of that you were talking about—inflation, at a very high point. For example, even high interest rate policy, our farmers which the Fed seems to be excessively Chairman Greenspan said earlier this are squeezed, our consumers are focused on—but deflation? Am I not year that real interest rates are at a squeezed, homeowners have to pay correct that that is part of what is historically high level, compared to all more monthly interest on mortgages going on? the years from World War II until now. on their homes, small businesses pay Mr. HARKIN. Absolutely. What does that mean? Well, that more money when they borrow to ex- Mr. WELLSTONE. Bill Greider, who means that the farmers in America pand, or they just don’t do it. A larger wrote, ‘‘One World: Ready or Not,’’ has whose commodity prices are going business, whether it is General Motors been talking about this for some time. down all the time, our livestock pro- or Ford, would have to pay higher in- In part, you are talking about the ef- fects of monetary policy within our ducers and our farmers have to pay ex- terest rates. The economy starts to country. But you are also talking orbitantly high interest rates—real in- slow down. That is exactly what hap- about our taking the lead in trying to terest rates—when they are already pened. squeezed with low prices. It means that I submit further to my friend from fashion a coordinated response at an our business sector, small businesses, Minnesota that because of their poli- international level to deal with what and others who are creating jobs, who cies over the last couple years, because has happened. We have a depression in part of the international economy. need to borrow money for expansion or they would not move, it has helped Mr. HARKIN. The Senator is right. I even for job training or retraining, find generate the kind of economic collapse wish the Fed would pay more attention that they are squeezed because of high we have seen in other parts of the to Bill Greider’s writings. Monetary interest rates. So they don’t do it. So world. The high interest rate policy at policy has to work for all of our people, what happens then is our economy the Fed is a contributing factor to the not just a few. It has to be cognizant of starts to slow down. continual decline of the Asian econ- what is happening to ordinary people I will point out that in the first quar- omy. in this country. ter of this year, our growth was 5.5 per- Mr. WELLSTONE. If the Senator will As the Senator spoke about what is cent; it was 1.6 percent in the last yield, I will not take much more time. happening internationally, I was look- quarter. Many economic signs point to I have two quick questions, I say to my ing through the papers. The Wall a possible recession, possibly a down- colleague from Florida, because I know Street Journal pointed this out in an ward spiral in prices. Then we see what he is waiting. I will ask the question to editorial on August 31, calling for the is happening in foreign economies and the Senator from Iowa who gives the Fed to lower interest rates. They said, in foreign currencies. Because of our lengthy answers. I think it is just in- ‘‘Since last year, currencies in emerg- high interest rates, we find that their credible, I say to my colleague from ing markets, from Thailand to Russia, economies are going down and they, in Iowa, it is just incredible how this have been collapsing like popped bub- turn, can’t buy any of our products be- whole issue of real interest rates and ble wrap.’’ This is a significant threat cause of the excessively strong dollar monetary policy—which has such a to us and people in those countries. that we have. So when you add it all critical impact on small business, on Our dollar is much too strong right up, because of the insistence of the Fed farmers, and on industry and housing now. Because of that, they can’t get to keep a tight money policy, high in- —is taken off the table. We are even the kinds of foodstuffs and things they terest rate policy, they have moved us unwilling to give our best judgment as need for their own people. to the brink of recession. to what the Federal Reserve ought to (Ms. COLLINS assumed the Chair.) In further responding to the Sen- do. It is amazing to me. If we want to help the Japanese econ- ator’s question, from 1994 to 1995 the Let me ask you this question: Would omy and the Asian economy, what we Federal Reserve raised interest rates you agree—— should do is lower interest rates. Many by 100 percent, from three percent to Mr. HARKIN. I will keep it short. economists have noted that the value six percent. They raised interest rates Mr. WELLSTONE. I want to hear the of currencies in several countries will because they were beholden—most of Senator’s answer, because this is a not only reduce the rate of inflation them, or at least the voting majority— critical issue. Would you agree that but also sharply increase our trade def- to an economic theory called NAIRU, our taking the lead in lowering short- icit, eliminating many jobs and slow- Non-Accelerating Inflation Rate of Un- term interest rates also would be crit- ing growth in the process. employment. That is a fancy term. ical to what the Germans might do, Again, if we don’t address this be- What some economists have believed in what the other G–7 countries might do? cause of their slowdown, because they the past is if unemployment fell to a Shouldn’t this be put in the context of are not buying our products, we are certain level, inflation would take off a coordinated response at an inter- going to lose jobs in this country. We and it would spiral upward and accel- national level, dealing with this con- are going to have a drastic slowdown. erate—it would not just rise, it would traction of the international economy, The fear I have, I say to my friend accelerate, if unemployment got to a dealing with this problem of deflation? from Minnesota, is that we may have certain level. Maybe you could spell out a little bit waited too long. The Fed was so frozen Well, a couple years ago, economists what you mean. by this outdated, outmoded economic said they thought that rate was 6 per- In other words, the Senator talked concept called NAIRU that they cent. They thought that if unemploy- about the effects of high real interests couldn’t see what was really happening ment went below 6 percent, we would rates within our country, but could we because they only focused on the rate be in deep trouble. Then unemploy- not also say another part of the argu- of unemployment, and that caused ment went below 6 percent and the Fed ment is the effect on exchange rates? them to be blind to everything else said, ‘‘Oh, my gosh, we have to tighten That a strong dollar ultimately means that was going on.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10758 CONGRESSIONAL RECORD — SENATE September 23, 1998 Mr. WELLSTONE. I ask my col- than anything that we ever vote on Again, what we are seeing happen in league, this concept that he is talking around here in terms of budget mat- our country happened in the 1920s. about—NAIRU—is the idea that if you ters. Fewer and fewer people are making reduce employment too much, you I thank the Senator for his inquiries more and more money. More and more automatically set off an inflationary and enlightenment on this issue. He people are making less and less and spiral? has been a long-time fighter for the av- having less of a stake in our economy. Mr. HARKIN. Inflation would not erage working families and making It is true. It is happening in the agri- only start but accelerate. sure that working people get a fair culture sector, too. Mr. WELLSTONE. My last question, deal. I know the Senator from Min- Neil Harroly, the distinguished agri- I say to my colleague—and I look for- nesota understands that if you have cultural economist at Iowa State, said ward to coming to the floor and having lower interest rates, that helps work- what we are seeing in agriculture is a further discussion about this. I hope ing families. It helps families. not like the 1980s, it is like the 1920s. I we are wrong. But I think this discus- The Senator from Minnesota also think that is also what we are seeing sion of political economy, both in knows, as most of us know, that in the happening in our country, too. So that terms of what is happening to the glob- last couple of years, with this tight is why I make the strong case that we al economy and also what is happening money policy, this high interest rate have an obligation. in our own economy, is going to be- policy at the Federal Reserve, some I see my friend from Florida is ready come a very, very critical issue. We are people have said, ‘‘Well, gee, whatever to speak. I am going to wrap up very seeing it already in agriculture. But they have done has been good. Our shortly, but I just want to make a cou- this is just the beginning. economy is great. Whatever the Fed ple of points. But this is my last question. Is it not has done is good. Look at what is hap- The Federal Open Market Committee also true that, when they talk about pening in our economy. Look what is may or may not be in a mode to lower the alleged danger of unemployment happening in our economy. Unemploy- interest rates. I quote the September 18 continuing to go down, that this would ment is down.’’ issue of the Christian Science Monitor, That is true. But if unemployment is also bring up the bargaining power of which noted that some Fed policy- so low, I ask you, why is it that when wage earners? It wouldn’t be just a makers ‘‘remain in a hawkish anti-in- I went to Sioux City last Friday and matter of unemployment going down. flation mode rather than worrying visited the food bank, or earlier on This would also mean that people in a about the impact of deflation.’’ when I visited the food bank in Des These include William Poole, presi- tight labor market would see their Moines, I was told by the directors of dent of the St. Louis Regional Fed; Fed wages go up and would have a better those two food banks that their de- Governor Edward Gramlich; and an an- chance of working at living-wage jobs? mand for commodity foods—that the alyst, Jerry Gordon, president of the I think the Federal Reserve Board USDA commodities plus the food they Cleveland Fed. tends to be more responsive to bond get contributed from businesses, I don’t say that. I am just quoting holders, financial people, and the credi- churches, and schools—is skyrocketing from the Christian Science Monitor. tors, and they want to keep interest higher than ever? Madam President, I ask unanimous rates up. I did some checking. It is not only in consent that the article be printed in Isn’t it also true that having real in- Iowa, but in almost every State, the the RECORD. terest rates so high is one of the rea- demand for food at our food banks has There being no objection, the mate- sons we have a maldistribution of gone up in the last year or so. Why? If rial was ordered to be printed in the wealth and income today in this coun- everyone is working, unemployment is RECORD, as follows: try? We have this paradox of some peo- so low, and the Fed has done such a [From Christian Science Monitor, September ple being able to purchase all the goods great job, it is because, as I have been 18, 1998] that make life richer in possibility. told and as I have found out, many of NEW SIGNS OF WEAKNESS IN U.S. ECONOMIC But then we also have so many fami- these people are working—usually sin- ‘FORTRESS’ FORECAST FOR SLOWDOWN lies—maybe the majority of families in gle parents, usually single mothers (By David R. Francis) our country—who cannot. Maybe this with one or more children. They go to Concern is growing in the top echelons of is one of these hidden issues that we work every day. They work every day. Wall Street and Washington that cheap ex- don’t talk about, with everything They make a paycheck. They qualify ports from overseas—everything from shov- swirling around in Washington, that so for food stamps. They get food stamps. els to chopsticks—may drive down the Amer- many families are still struggling to And then the food stamps run out be- ican economy. The ‘‘R’’ word—recession—is make ends meet and do well by their now being heard more often. fore the end of the month. The only As troubles persist in East Asia, Russia, kids. place they have to go is to the food and Latin America, US companies are find- What would be the harm in moving bank to get free food. ing fewer buyers for their goods overseas toward full employment? What would Don’t take my word for it. Ask your while foreign products are filling US shelves be the harm in making sure that wage staffs. Go out and ask your food banks. and showrooms. The concern was reflected earners make better wages? What In any State, go out and ask those food on Wall Street Thursday, as stock prices would be the harm in having more peo- banks. Find out what is happening. plunged in early trading. ple have access to living-wage jobs? You will find that it is true. The de- It was a ‘‘double whammy,’’ says Joel Prakken, chief economist of Macroeconomic Isn’t the whole question of real inter- mand for food from those food banks Advisers in St. Louis. Investors were dis- est rates one piece of it? has gone up and continues to go up, turbed by new statistics on the American Mr. HARKIN. I say to the Senator and they are concerned about what is economy and by unsettling testimony to from Minnesota that he is absolutely going to happen this winter. Congress by Federal Reserve Chairman Alan correct. What has that to do with the Federal Greenspan and Treasury Secretary Robert Mr. WELLSTONE. I agree. Reserve System? I am just saying, if Rubin Wednesday. Mr. HARKIN. It is bigger by a tre- they have done such a good job in this Though terming the United States econ- mendous magnitude. economy, why are they falling below omy strong, Mr. Greenspan noted, ‘‘There We deal here in budgets in terms of are the first signs of erosion at the edges, es- the safety net? Because the high inter- pecially in manufacturing.’’ billions of dollars. I know it sounds est rate policy has ignored what is hap- A plunge in prices on the Tokyo Stock Ex- like a lot of money. But what the Fed pening to the working families of change to a 12-year low didn’t help. In New does affects the entire $7 trillion econ- America. A lower interest rate policy, York Thursday, the Dow Jones Industrial omy. everyone agrees, might mean that Average dropped more than 200 points in The Senator from Minnesota is abso- wages might go up and that businesses early trading. lutely right, what the Federal Reserve might be able to pay more in wages. I Economists still are forecasting moderate System does has a more profound effect economic growth in the US this year and in don’t see anything drastically wrong 1999. ‘‘The slowdown is a little worse than we on the daily lives of our citizens—how with that. I think it would be a good thought,’’ says David Wyss, chief economist they live, how they are able to take thing for this country if wages went up. of Standard & Poor’s DRI, an economic con- care of their families, what kind of jobs It would give people a little bit more sulting firm in Lexington, Mass. ‘‘And the they have, and what they have paid— buying power. risks of a recession are rising.’’

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10759 Nonetheless, DRI sees growth in the na- serve—‘‘have got to come around. I’m when I took to the floor at that time tional output of goods and services at about not sure what it will take.’’ and started calling on the Fed to do a 2.5 percent annual rate the rest of this I thought one of the things it might that because there were drastic signs year, helped by a rebound from the General take is for the Senate of the United in our economy, that there was little Motors strike. Mr. Wyss predicts 1.5 percent growth next year. States to clearly express itself to the inflation in the economy, that there He would like to see the Federal Reserve members of the Federal Open Market was no reason for them not to reduce cut interest rates. Wall Street would, too. It Committee to lower interest rates now. interest rates at that time to help our wants interest rates lowered by other indus- There are increasing signs of a pos- farmers and our working families out trial nations as well. One reason for the less- sible recession. Thirty-year Treasury there. I just hope it is not too late. I than-happy face of many investors yesterday bond rates have sunk to record lows just hope that the Federal Reserve does was Mr. Greenspan’s testimony that, ‘‘at the and are now below the short-term Fed- not misinterpret this vote. moment, there is no endeavor to coordinate eral funds rate. This is a drastic warn- One of the reasons that I objected to interest-rate cuts’’ among the major powers. ing signal. Wyss hopes for and expects lower U.S. the Senator from New Mexico bringing rates by the end of the year, though not nec- Again, I would point to the chart up this other sense of the Senate that essarily at the Fed’s next gathering Sept. 29. here ‘‘30-year Bonds’’ now lower than would just ask them to consider low- Some of those policymakers remain in a the Federal funds rate. That should ering interest rates is that I personally hawkish anti-inflation mode, rather than scare us all. That should point to what believe it is beneath our dignity and worrying about the impact of falling prices we have to do in terms of lowering our our responsibility and rights as Sen- (deflation). These include William Poole, short-term interest rates. Wholesale president of the St. Louis regional Fed, Fed ators to go hat in hand to the Federal prices slid a steep 0.4 percent in Au- Reserve and sort of beg them to do Governor Edward Gramlich, and, analysts gust. In fact, for the first 8 months of say, Jerry Jordan, president of the Cleveland something when we ought to be able to Fed. ‘‘They have got to come around,’’ says this year producer prices have fallen at stand on our own two feet and tell Wyss. ‘‘I’m not sure what it will take.’’ a 1.4-percent annual rate, compared them what we believe they should do. with a 1.2-percent rise in 1997. Some, though, oppose a Fed rate cut at I yield the floor. this time. They don’t see the economy slow- Again, I have talked about our farm- ing that much. Prakken, for one, expects a 2 ers at great length and about what is Mr. GRAHAM addressed the Chair. percent growth in gross domestic product happening to them and what is hap- The PRESIDING OFFICER (Mr. next year. pening to our commodity prices. SANTORUM). The Senator from Florida. One concern of economists is that the de- I would start to wrap up my com- PRIVILEGE OF THE FLOOR cline in stock prices itself will hurt growth. ments again just by saying that if Wyss figures $2 trillion in paper household Mr. GRAHAM. Mr. President, before someone voted because they don’t want wealth disappeared between the July 17 peak proceeding with my remarks, I ask to lower interest rates, that is fine. in the stock market and the end of August. unanimous consent that Ms. Allison While I think they are wrong, I will be If the downturn lasts, it could trim con- Morgan, of my staff, be granted floor sumer spending by as much as $50 billion. glad to debate that, if we could ever privileges during the remaining consid- The Asian crisis has hit U.S. exports hard, get a debate on this issue in the Sen- eration of the bankruptcy reform bill. too. ‘‘The trade data were terrible,’’ says ate; no one seems to want to debate Wyss. that issue. The PRESIDING OFFICER. Without The U.S. trade deficit widened to $13.9 bil- Do we say somehow we can’t express objection, it is so ordered. lion in July. Currency devaluations and de- pressed economies in Asia resulted in exports ourselves in telling the Federal Open FEDERAL DISTRICT COURT JUDGES hitting a 17-month low. Market Committee that they should Mr. GRAHAM. Mr. President, today I So far this year, the trade deficit in goods lower interest rates—our language said rise to discuss the issue of the congres- and services is running at a record annual promptly reduce interest rates—that sional response, or in this case, the rate of $185 billion, 68 percent higher than somehow we can’t say that because the lack of response to the need for addi- last year’s record deficit of $110 billion. Fed is independent, because the Fed is America’s deficit with Pacific Rim countries tional Federal district court judges. We so sacrosanct that we can’t touch it, are facing an increasing disparity be- hit $87.8 billion in the first seven months—42 that somehow we have to couch it in percent above the imbalance for the period tween the judicial resources available in 1997. weak terms such as the Fed should at many of our Federal district courts ‘‘The trade balance could get a lot worse if only ‘‘consider’’ lowering interest and the workload imposed upon those there is another round of devaluations,’’ rates? Why do we have to beg the Fed- judges. warns C. Fred Bergsten, director of the Insti- eral Open Market Committee to do The question might be asked, ‘‘Why tute of International Economics in Wash- something? Does the Congress of the are you offering this amendment to a ington. United States work for the Federal Re- bankruptcy reform bill?’’ It is inter- The inflation news was not so bad. In Au- serve System? Are they our bosses? Are gust, the Consumer Price Index was up a sea- esting to note that the underlying leg- they the ones who pull the strings and sonally adjusted 0.2 percent, same as in July. islation would create 18 new Federal tell us what we can and cannot do? For the year, inflation is running at a 1.6 bankruptcy judgeships. The basis of percent annual rate, compared with 1.7 per- We seem very reluctant in even ex- pressing our views, because somehow it those 18 new Federal bankruptcy judge- cent for all of last year. ships is that this legislation is created Prakken expresses concern that the ‘‘core’’ would politicize the Fed. We were not inflation rate—a measure that removes vola- politicizing the Fed; that would take in response to additional workloads re- tile energy and food prices—is up 2.5 percent legislation. This was a sense-of-the- quiring that additional number of for the past year. His partial explanation of Congress, a non-binding resolution. judges in order to discharge their re- the stock market decline is that Wall Street I hope that the members of the Fed- sponsibilities. is finally recognizing that corporate shares eral Open Market Committee will I suggest that, similarly, we should have been overpriced, and that earnings will apply the same rationale to our Fed- not rise nearly as much as analysts had an- promptly reduce interest rates six days ticipated. from today. Unfortunately, as the eral district court judges, and that is— He expects a ‘‘virtual stall’’ in earnings. Christian Science Monitor recently re- that as their workload increases, either The reasons: reduced profits from overseas ported, there are members of the Fed because of demographic or economic or operation as well as rising wages at home Open Market Committee who still be- social circumstances, or because we and difficulties in cost cutting. lieve we should worry about an accel- add to their workload by expanding Mr. HARKIN. I thank the President. eration in inflation. I am just hopeful their jurisdiction, it is our commensu- As David Wisk, chief economist of that Mr. Greenspan and others do not rate responsibility to increase the Standard & Poor’s DRI, has com- take this vote as a vote that they number of Federal district judge posi- plained, ‘‘They have got to come should not reduce interest rates. tions. These judge positions are respon- around. I’m not sure what it will A number of Senators said to me, sible for handling some of the most take.’’ ‘‘Well, that’s what they are going to do complex civil and criminal cases in our Let me repeat that. As David Wisk, anyway.’’ Well, I am not so certain. I judiciary. chief economist of Standard & Poor’s hope they will. They should have re- In recognition of that, in March of DRI, said, ‘‘They’’—the Federal Re- duced interest rates two years ago 1997, the Judicial Conference of the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10760 CONGRESSIONAL RECORD — SENATE September 23, 1998 United States, chaired by the Chief flected in the litigation in the Federal them handle appeals from bankruptcy. Justice of the U.S. Supreme Court, rec- court system, based not only in the de- That is the only thing it really affects ommended the creation of 24 additional mographics but other situations which for Federal district judges, because permanent and 12 additional temporary I am sure the Senator will allude to. So bankruptcy judges are separate. Federal district court positions. The I want to join with the Senator from I would just want to advise the Sen- Judicial Conference also recommended Florida in calling this very important ator from Florida, I share his concern, the establishment of 12 additional issue to the attention of our colleagues but I have been working with Senator judges to the circuit courts of appeals. and the American people. This is not GRASSLEY, who chairs this sub- However, my remarks this afternoon an issue about lawyers or judges per se. committee involving courts and admin- are confined to the needs that exist What we are talking about are the istrative matters. He has been studying with the U.S. district court judges. needs of people who have their issues this. We have been having some hear- Mr. BRYAN. Will the Senator from brought to the Federal court system ings from judges, particularly courts of Florida yield for a question? and who are entitled to have those appeals. But we have not, in depth, Mr. GRAHAM. I will yield to my issues resolved in a prompt manner. analyzed this problem yet. I know Sen- friend and colleague from Nevada. With respect to those who violate Fed- ator GRASSLEY intends to. Mr. BRYAN. I appreciate the cour- eral law, they need to have those mat- I would like to share some things. If tesy of the senior Senator from Flor- ters addressed promptly in the inter- a business had a court like the middle ida. ests of justice for all Americans. I district of Florida that not only has a I note from the chart the Senator has think the proposal the Senator is about heavy caseload—it has complicated, brought to the floor that the State of to unveil and explain in greater detail big drug cases, international cases— Nevada is included. The Judicial Con- is entitled to the support of our col- they would probably look at the D.C. ference has recommended, as I under- leagues. I wish him well and pledge my circuit that has 15 judges and they av- stand, two additional district court support in his efforts. erage 259 cases per judge instead of 855 judges for Nevada. Would it be the Sen- I thank him again for his leadership in Florida and they might decide the ator’s intention to include in the on this issue. taxpayers—or their business—would be amendment that he is about to discuss Mr. GRAHAM. I appreciate those better served if we shifted some from with greater particularity the two ad- very generous comments of the Sen- places that are not so busy to those ditional judges that were recommended ator. As my colleague knows, his State that are more busy. I hope we will be by the Conference for Nevada? is not alone. This map indicates in blue able to analyze that, because a Federal Mr. GRAHAM. Absolutely, I say to those States that have been deter- judgeship, once you approve it, is a my friend. I am not proposing that this mined by the Judicial Conference, lifetime appointment. They get it for Congress insert its greater wisdom for chaired by our chief justice, to require life and it costs $1 million a year for that of the Judicial Conference. I am one or more additional Federal judges each Federal judge. What we need to proposing that we accede to the wis- in order to keep pace with that par- begin to look at is some of those cir- dom of the Judicial Conference and ticular judicial district’s workload. cuits that need to shift some judges to where it, for instance, has rec- The States of Alabama, California, high-work districts. We could do that ommended two additional permanent Florida, New Mexico, North Carolina, over the years. I think Senator GRASS- Federal judgeships in Nevada, that the Texas, Arizona, Colorado, Nevada, New LEY is committed to this. I am on that Congress should sanction them. The York, Oregon and Virginia would all subcommittee so I am concerned about reason for the recommendation of two receive permanent additional judges it. If we do it right, we can improve additional judges in Nevada is that, of under the Judicial Conference’s report. justice with a minimal cost to the tax- the 93 districts, including those in the Mr. BRYAN. I thank the Senator for payer. I think that is what we are 50 States plus the District of Columbia his comments. called to do and I thank the Senator and Puerto Rico, of that number, the Mr. GRAHAM. As an example—I see from Florida for raising the problem. Nevada district ranks eighth in terms we are joined by the Senator from Ala- Mr. GRAHAM. Mr. President, I ap- of caseload. Its caseload of 736 cases per bama. The middle district of his State preciate the comments of the Senator judge is 171 percent of the stated stand- happens to be the seventh busiest dis- from Alabama who, from his long expe- ard that is used by the Judicial Con- trict in the country with a workload rience in a variety of significant legal ference to indicate that new judges are that is 176 percent of the standard positions, is very familiar with the needed. which the Judicial Conference utilizes basic principle of my remarks, which is Mr. BRYAN. I appreciate the states- in assessing whether an additional Fed- the relationship between changing manship my friend has provided and eral district judge is appropriate. workload and demand on judicial re- the information that is made available Mr. SESSIONS. Will the Senator sources. with respect to the situation in Ne- from Florida yield? The Judicial Conference has proposed vada. I might just add to the comments Mr. GRAHAM. I yield to the Senator as a method of balancing that work- of the Senator that, having lived in Ne- from Alabama. load of judicial resources—a formula. vada for more than 57 years and know- Mr. SESSIONS. Mr. President, I do That formula essentially takes the ing each of our four district court respect the concern of the Senator number of cases filed within a par- judges personally, I do not know of a from Florida. As a Federal prosecutor ticular Federal district, weights those harder working bench at either the for almost 15 years in Alabama, which cases based on their complexity, and State or Federal level anywhere in is part of the 11th circuit, of which then divides that number by the num- America. Frankly, it required consider- Florida is a part—the 11th circuit, I ber of judges currently assigned to the able statesmanship of the former chief have come to admire and be extremely district. The standard for each Federal judge in Nevada in electing to take impressed with the workload and work district judge is 430 weighted cases per senior status, which the Senator from ethic of the Florida Federal judges, as year. When the caseload exceeds 430, Florida fully understands, that allowed well as the Alabama Federal judges. that district is entitled to be reviewed a new district court judge to come on Both groups have very high caseloads, for purposes of an additional judge. board. That senior judge, together with higher than the national average. I These judgeships are needed to help the another colleague of his who is a senior think probably the middle district of Federal judiciary, a co-equal branch of judge, maintains an extraordinarily ac- Florida, and maybe the southern dis- our Government, to fulfill its constitu- tive caseload. So that has helped but trict of Florida, are two of the top dis- tional obligations. It should be under- has not eliminated the backlog to tricts in the country in so needing ad- stood that Congress has not granted which the Senator has addressed his ditional judges. The middle district of the Federal judiciary any additional comments. Alabama, as you noted, has one of the Article III judges since 1990. I must say, ‘‘justice delayed is justice very highest caseloads. During the previous three occasions denied.’’ The State of Nevada has the I would share, this bankruptcy bill on which Congress has authorized new fastest growing population in the coun- actually reduces the workload for Fed- Federal judgeships under the standards try over the past decade. That is re- eral district judges a bit by not having of the Judicial Conference, the cycle

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10761 for such authorization has been six this opportunity to eliminate the dis- Florida to 575. No new judges have been years. For instance, in September of parity between resources and workload added since that period, and currently, 1976, the Judicial Conference rec- in the Federal judiciary by an expan- at the time of the preparation of this ommended 106 permanent and 1 tem- sion in the number of judges at the ear- chart, the number was 812 weighted porary Federal district judge. Congress liest possible time. cases per judge in the middle district. I considered that recommendation and, I do not submit my word as being have heard that this figure may have on October 20, 1978, approved 113 per- final in this matter. Let me quote the now grown to 855. manent and 4 temporary judges. That December of 1997 statement by the As a result of this, a significant case was done under a Senate which was in Chief Justice of the United States Su- backlog has developed. Currently, the Democratic control. preme Court and the Chair of the Judi- middle district has 1,200 criminal cases Mr. President, 6 years later, in Sep- cial Conference, The honorable William pending and over 6,000 cases pending on tember of 1982, the Judicial Conference Rehnquist. This is what the Chief Jus- the civil side. recommended 43 permanent, 8 tem- tice had to say about the current sta- In response to this growing backlog porary, and 2 conversions from tem- tus of our Federal judiciary: of civil cases, Florida’s middle district porary to permanent. On July 10, 1984, Fiscal year 1997 saw courts of appeals and chief judge, Elizabeth Kovachevich, a Republican Senate authorized 53 per- bankruptcy filings at the highest rates in was forced this summer to declare a manent, 8 temporary, and 2 temporary history. District courts also were very busy. state of emergency. She closed the to permanent conversions. In addition to a small increase in civil fil- Federal courthouses in Jacksonville In 1990, June, the Judicial Conference ings, there was a five percent increase in and Orlando and reassigned these dis- criminal cases in 1997, producing the largest trict judges to work with the Tampa recommended 47 permanent, 29 tem- federal criminal caseload in sixty years. porary, and various conversions. Then district judges in an aggressive tar- The Chief Justice went on to say: on December 1, 1990, a Democratic Sen- geting and disposing of the oldest pend- ate approved 61 permanent and 13 tem- Many factors have produced this upward ing civil cases. While such innovative spiral, including laws enacted by Congress measures may be effective in the short porary and various conversions. that expand federal jurisdiction over crimes The point of this is that on a bipar- term, Congress will need to find the involving drugs and firearms, Supreme Court long-term solution of providing ade- tisan basis, whether it was a Repub- decisions, large class-action litigation, and lican Senate or a Democratic Senate, changes in executive prosecution policies. quate judicial resources. every 6 years since 1978, the Congress This increase in caseload is not only I think our Chief Justice’s statement a problem for the Florida courts, but has responded to the Judicial Con- is a strong message to the Congress, ference’s recommendation. It is also nationally. This chart, again, illus- Mr. President. trates the number of States which the significant that in each one of those If I can illustrate what is happening Judicial Conference has found addi- cases, the Congress actually approved on a national basis by reference to more judges than the Judicial Con- tional judicial resources are required. what is happening in my home State of The southern district of California is ference had recommended. Florida, I have seen the strain placed 100 percent above acceptable levels of However, the last recommendation on the judiciary due to lack of ade- the Judicial Conference; the district of that was made was in March of 1997, quate judicial resources needed to ful- Arizona, 83 percent above acceptable following recommendations that were fill its constitutional obligations. levels. As our friend and colleague from unheeded in September of 1992 and in Two of Florida’s three districts are Alabama has already spoken, the mid- September of 1994. There were rec- feeling the crushing pressure of this dle district of Alabama is 76 percent ommendations made in March of 1996 strain. These two districts have one of over acceptable levels. The western dis- to convert a temporary judge to a per- the highest caseloads per judge in the trict of North Carolina, 70 percent over manent judge and to convert a tem- Nation. Under the Judicial Conference acceptable levels. porary extended to a permanent status. recommendation, Florida should re- The caseload in all of these districts, But there have been no new judgeships ceive six additional judgeships that in- and all the other districts the Judicial created since December 1, 1990. So we clude two additional judges in the Conference has recommended for addi- are now 2 years past the point which southern district of Florida, three per- tional judgeships, only stand to get has been the standard for the creation manent judges in the middle district of worse until Congress acts and acts with of new Federal judgeships as rec- Florida, and one temporary position in a sense of urgency. ommended by the Judicial Conference. the middle district. The U.S. Federal district courts are Mr. President, I submit that it is In the southern district of Florida, the first line of defense for most of our high time for us to respond to the need the court’s weighted filings stand at citizens involved in the Federal judi- for more U.S. district court judges in 590 per judgeship. This is in contrast to cial system. Most Federal cases are accordance with the Judicial Con- the average used by the Judicial Con- disposed of at the district court level. ference’s recommendation. Today, ference of 430. But by not acting soon, we make it many of our district court judges are In the middle district, the story is harder for thousands of crime victims strained beyond capacity in trying to even worse. This court’s weighted fil- and civil litigants in our district courts meet the increasing caseloads which ing is 809 filings per judgeship, which is to receive the justice which they de- they face. 88 percent above the acceptable levels serve. For example, in 1997, the Federal ju- the Judicial Conference has estab- Mr. President, as I have indicated, I diciary saw increases in both criminal lished, and is the third highest number am prepared to offer my amendment to and civil cases. in the Nation. the bankruptcy bill to authorize addi- The number of cases filed in the dis- Mr. President, if I can make ref- tional Federal judgeships. Before pro- trict courts increased by 24 percent. erence to this chart which indicates ceeding, however, I would like to in- The most significant increases oc- that as recently as 1990, the number of quire as to the plans for consideration curred in drug and immigration cases, weighted cases in the middle district of of this issue by the Judiciary Com- particularly, as this chart will indi- Florida were 509 as against a national mittee next year. cate, in many of our border States average of 448. At that time, the middle I wonder if my distinguished col- which are the front lines for drug and district was overburdened but not in a league from the State of Utah, chair- immigration litigation. crisis situation. man of the Senate Committee on the This growth in Federal caseloads has By 1993, the number had increased to Judiciary, which has oversight on been coupled with a growing trend by 729, while the national average had these matters, could engage me in a the Congress to federalize an increas- dropped to 417. It is significant that discussion regarding this matter. ing number of laws that have tradition- there were additional judges added as a Mr. HATCH. Mr. President, I am ally been considered State responsibil- result of that December 1990 act of pleased to engage in a discussion with ities. These new laws have opened our Congress, but it took a full 3 years be- the distinguished Senator from Florida courts to more cases without the req- fore the effect of those additional on the substance of this matter. uisite judges to meet the demand. For judges had the consequence of reducing Mr. GRAHAM. Mr. President, I thank that reason, it is essential that we take the average in the middle district of the Senator for his time.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10762 CONGRESSIONAL RECORD — SENATE September 23, 1998 I ask the chairman, is it his assess- judgeships and one temporary judge- judges in the district helping with the ment that a number of Federal district ship for the Middle District. This is the caseload? I asked the chief judge this, court jurisdictions face a growing dis- most judgeships recommended for any and all I got were the judges certifi- parity between resources and work- federal district in the nation. cation papers that didn’t say much of load? Statistics kept by the Administra- anything about caseload. It mostly Mr. HATCH. I agree with the view tive Office of the U.S. Courts under- mentioned what conferences they at- that there appears to be a workload score the need for additional judgeships tended. I would ask the proponents to problem facing a number of district in this district. Recent statistics place explain to us how the senior judges and courts in Florida and some other areas. Florida’s Middle District second in the magistrates help in reducing the case- The Senate Judiciary Committee in- nation in weighted case filings per load? Do the proponents realize that tends to act to review the matter and judge, with an average of 855. This is the senior judges in the middle district where necessary provide the additional far above the national average of 519 don’t even take full cases? judicial resources to those jurisdic- weighted case filings per judge. It is ex- Nevertheless, I will continue working tions in need, if warranted and appro- pected that these numbers will con- with my colleagues regarding judgeship priate. tinue to climb, given this area’s explo- needs. I will soon be releasing a sub- Mr. GRAHAM. In my home State of sive population growth. Although fifty- committee report on our efforts to re- Florida, I have seen the strain placed five percent of Florida’s population view the circuit courts. on the Judiciary due to the lack of ju- currently resides in the Middle Dis- The bottom line I’ve been advocating dicial resources needed to fulfill its trict, the district is home to only one- is that if we increase judges, we need to constitutional obligations. third of the state’s federal judges. Ac- also decrease judges where they’re not Will the Senator from Utah agree to cording to projected population growth needed. I know this is a new concept, review the Judicial Conference rec- figures, the Middle District will com- and one that has been met with some ommendations and the need for addi- prise two-thirds of the state’s popu- resistance. But, I intend to continue tional judges early next year? lation by the year 2005. this effort in the next Congress. Mr. HATCH. As I have indicated to The Middle District contains some of AMENDMENT NO. 3617 TO AMENDMENT NO. 3559 my colleague, I will, as the chairman of the world’s most frequently visited cit- Mr. GRASSLEY. Mr. President, I the Judiciary Committee, review this ies, beaches and tourist attractions, in- send to the desk the manager’s amend- matter early next year and work with cluding Disney World in Orlando and ment and ask for its immediate consid- my colleague from Iowa, Senator Busch Gardens in Tampa. The heavy eration. GRASSLEY, in a good-faith effort to con- flow of both tourists and the ‘‘snow- The PRESIDING OFFICER. The sider this issue early next year. bird’’ population serve to make the clerk will report the amendment. Mr. GRAHAM. I thank Senator needs of this judicial district unique. The assistant legislative clerk read HATCH for his support and for his work Adding to this problem, what will be as follows: in this area critical to the State of the nation’s largest federal prison, the The Senator from Iowa [Mr. GRASSLEY] Florida and the Nation. Coleman Prison Complex, is scheduled proposes an amendment numbered 3617 to I also thank the Administrative Of- to be completed in 1999 in the Middle amendment No. 3559. fice of the U.S. Courts for their assist- District. This will place an additional Mr. GRASSLEY. I ask unanimous ance during this process. strain on the already overburdened consent that reading of the amendment I look forward to working with all courts of this district due to increased be dispensed with. my Senate colleagues in considering prisoner petitions. Further compli- The PRESIDING OFFICER. Without this important issue in future. cating the problem, a portion of the objection, it is so ordered. Mr. President, in our colloquy, Sen- Middle District has recently been des- The amendment is as follows: ator HATCH recognizes, as he has done ignated a High Intensity Drug Traf- At the appropriate place, insert the fol- lowing: on many previous occasions, the impor- ficking Area. An increase in drug cases tance of a strong judiciary in order to SEC. . TREASURY DEPARTMENT STUDY RE- will result as criminals are appre- GARDING SECURITY INTERESTS meet our Government’s responsibility hended and prosecuted, placing addi- UNDER AN OPEN END CREDIT PLAN. of equal justice to all of its citizens, tional demands upon this district. (a) Within 180 days of the enactment of and indicates that it is his intention It is not possible to provide Florid- this Act, the Federal Reserve Board in con- that the Judiciary Committee consider ians with a safe environment and ac- sultation with the Treasury Department, the this urgent need for additional judicial cess to justice unless there is a court general credit industry, and consumer groups, shall prepare a study regarding the resources early in the next Congress. system in place which can handle the So I will desist from offering an adequacy of information received by con- demands of this dynamic and growing sumers regarding the creation of security in- amendment at this time on this legis- part of our country. Increased judicial terests under open end credit plans. lation to that effect, and look forward resources are integral in providing (b) FINDINGS.—This study shall include the to working with Senator HATCH and such a court system. Board’s findings regarding: the other members of the Judiciary Mr. GRASSLEY addressed the Chair. (1) whether consumers understand at the time of purchase of property under an open Committee to see that this important The PRESIDING OFFICER (Mr. ROB- responsibility of the Congress is dis- end credit plan that such property may serve ERTS). The distinguished Senator from as collateral under that credit plan; charged as quickly as possible. Iowa is recognized. (2) whether consumers understand at the Thank you, Mr. President. Mr. GRASSLEY. I listened to every- time of purchase the legal consequences of Mr. MACK. Mr. President, I come be- thing that the Senator from Florida disposing of property that is purchased under fore the Senate in support of today’s has said and of course, have had to be an open credit plan and is subject to a secu- colloquy regarding Federal judgeship considering the points of view that he rity interest under that plan; and needs in Florida. Although I was un- makes, as well as a lot of my col- (3) whether creditors holding security in- able to participate in the colloquy be- terests in property purchased under an open leagues, and will be happy to continue end credit plan use such security interests to tween my esteemed colleagues, Sen- working with him. coerce reaffirmations of existing debts under ators HATCH and GRAHAM, I wish to ex- Mr. President, my subcommittee has section 524 of the United States Bankruptcy press my support for their position. It been looking at the need for increased Code. is my hope that the Judiciary Com- or decreased numbers of judges across In formulating these findings, the Board mittee will lend serious consideration the country. shall consider, among other factors it deems to Florida’s unique and acute judgeship I’ve been looking at the middle dis- relevant, prevailing industry practices in needs. trict of Florida for some time, and this area. The pressures currently upon Flor- have corresponded and met with the (c) DISCLOSURE RECOMMENDATIONS.—This ida’s court system, particularly in the study shall also include the Board’s rec- chief judge. ommendations regarding the utility and Middle District, are some of the most At this time, I am still not clear on practicality of additional disclosures by severe in the nation. The Judicial Con- what the needs of the district are or credit card issuers at the time of purchase ference of the United States has rec- how its caseload is being managed. For regarding security interests under open end ommended three permanent district instance, how are the many senior credit plans, including, but not limited to:

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10763 (1) disclosures of the specific property in Mr. DODD. May I add something? amendment that has not been dis- which the creditor will receive a security in- Mr. DURBIN. Certainly. cussed in the last several days. Under terest; Mr. DODD. My concern with the defi- the unanimous-consent agreement, I (2) disclosures of the consequences of non- nition is particularly for children, and am permitted and had planned to offer payment of the card balance, including how is about personal property of little the security interest may be enforced; and a scaled-down version of broadly sup- (3) disclosures of the process by which pay- value to creditors. Would you agree ported and bipartisan patent reform ments made on the card will be credited with that the Federal Trade Commission legislation, which was favorably re- respect to the lien created by the security should promulgate regulations that ported to the Senate by the Judiciary contract and other debts on the card. will allow debtors to keep property Committee more than a year ago. Nev- (d) The Board shall submit this report to that is commonly used by children or ertheless, having spoken with the ma- the Senate Committee on the Judiciary, the commonly used for the upbringing of jority leader, and in the interest of ex- Senate Committee on Banking, Housing, and children? pediting activity on pending Senate Urban Affairs, the House Committee on the Mr. DURBIN. Are you talking about Judiciary, and the House Committee on business, I have agreed to withhold my Banking and Financial Services within the items like bicycles or toys or washing amendment. time allotted by this section. machines? But I want to take a moment to clar- Mr. DODD. Yes. A debtor’s child and Insert at an appropriate place: ify why I believe this amendment is so parent should be allowed to keep these Section 546 of title 11, United States Code, important. In short, the provisions of is amended by inserting at the end thereof— items. Children’s property generally this amendment represent the most ‘‘(I) Notwithstanding section 545(2) and (3) has no resale value, but replacement important and most comprehensive re- of this title, the trustee may not avoid a costs can be substantial. forms to our nation’s patent system in warehouseman’s lien for storage, transpor- Mr. DURBIN. I would agree. Simi- tation or other costs incidental to the stor- nearly half a century. In the last 50 larly, I believe the Federal Trade Com- age and handling of goods, as provided by years, our nation has witnessed an ex- mission should keep in mind that when Section 7–209 of the Uniform Commercial plosion of technology growth and a tre- we talk about a dependent of the debt- Code.’’ mendous expansion of the global mar- or we are referring to people like an el- Insert at an appropriate place: ket for American intellectual property. Section 330(a) of Title 11 is amended: derly parent or relative, or a disabled Yet our patent laws have remained (1) in subsection (3)(A) after the word person. Property belonging to a de- largely unchanged. My bill would effect ‘‘awarded’’, by inserting ‘‘to an examiner, pendent elderly or disabled person those changes that are necessary to Chapter 11 trustee, or professional person’’, should also figure into the definition. and Moreover, I would note that although bring our patent system up to speed (2) by adding at the end of subsection (3)(A) with the growing demands of the global the following: some members of the Judiciary Com- mittee have tried to tell the FTC what economy, to preserve American com- ‘‘(3)(B) In determining the amount of rea- petitiveness into the 21st century, and sonable compensation to be awarded a trust- to do, this provision ultimately leaves to ensure adequate protection for ee, the court shall treat such compensation the decision in the hands of the FTC. as a commission based on the results We have never had hearings or con- American innovators, both at home achieved.’’ ducted any inquiry whatsoever into and abroad. On page 59 of amendment 3595, after clause what household goods are necessary or In all, there have been nine days of ‘‘(v)’’, insert: appropriate in bankruptcy. The point hearings and 78 witnesses who have tes- ‘‘(vi) not unfair because excessive in tified in the House and Senate on the amount based upon the value of the collat- of this provision is to ask the FTC to eral.’’ make the necessary inquiries and pro- provisions of this legislation. Seven- On page 60 of amendment 3595, after clause vide a suitable definition. As the lead teen of those witnesses appeared before ‘‘(iii)’’ insert: Democratic co-sponsor of this bill, as the Senate Judiciary Committee. In ‘‘(iv) the following statement: If your cur- the author of this provision—which I addition, I have engaged in endless ne- rent rate is a temporary introductory rate, proposed during the Committee de- gotiations to address concerns regard- your total costs may be higher.’’ bate—and as the ranking member on ing the effect of the bill on small busi- Mr. GRASSLEY addressed the Chair. the Subcommittee with jurisdiction nesses and independent inventors. The The PRESIDING OFFICER. The Sen- over the bankruptcy code, I believe the result of that process was a comprehen- ator from Iowa is recognized. FTC is much better suited to do this sive package of amendments that was Mr. GRASSLEY. I urge adoption of than we. In addition, I would note that endorsed by the Judiciary Committee, the amendment. the definition of dependent must be including several outspoken opponents The PRESIDING OFFICER. If there drawn from the bankruptcy code itself of the original bill, in an overwhelming is no further debate on the amendment, in order for any FTC definition to be at bipartisan 17–1 vote last year. Since the question is on agreeing to the all meaningful or useful. then, I have sought a vote on the Sen- amendment. Mr. DODD. As the co-author of this ate floor for this legislation, thus far The amendment (No. 3617) was agreed provision, I concur. without success. to. Mr. DURBIN. Let me take this oppor- The failure to bring this bill to a vote DEFINITION OF HOUSEHOLD GOODS tunity to compliment the distinguished in the Senate has largely been the re- Mr. DODD. Mr. President, a provision Senator from Connecticut for all of his sult of the opposition of a very few of this bill that the Senator from Illi- hard work on this issue. He identified Senators who have objected to even its nois and I drafted and had put into the the unique problems of children in consideration by the full Senate. Over Managers’ Package would require the bankruptcy before anyone else, and no the past year, I have made numerous Federal Trade Commission to promul- one has worked harder on this problem additional changes to the bill in an at- gate regulations to define household than he. We both had different ap- tempt to address their concerns. As a goods ‘‘in a manner suitable and appro- proaches to the household goods issue, result of those changes, the bill now priate for cases under Title 11 of the and the provision in this bill blends our enjoys even broader support, ranging U.S. Code.’’ What would be ‘‘suitable two approaches. from the smallest of American entre- and appropriate’’ in the bankruptcy Mr. DODD. And I think we have preneurs and innovators to Fortune 100 context? achieved a sensible result. In light of companies. It is endorsed by the small Mr. DURBIN. The Federal Trade the fact that we have taken no testi- business community, as well as by the Commission should keep in mind that mony on this issue and have no real ex- experts on the subject, including 5 of the definition will define the household pertise in this area, it only makes the past 6 commissioners of the Patent goods that a debtor may keep after the sense to have the FTC attempt to craft and Trademark Office and thousands of bankruptcy, as part of the debtor’s a definition. I compliment the Senator patent practitioners and patent own- fresh start. The defining regulations from Illinois for his efforts. It has been ers. Unfortunately, despite my efforts, should specify any tangible personal a pleasure working with him. and despite this broad support, a vocal property reasonably necessary for the PATENT REFORM LEGISLATION AMENDMENT minority, which apparently opposes support of the debtor and the debtor’s Mr. HATCH. Mr. President, let me any patent reform, continues to object dependents. take a moment to speak about an this bill. Repeated invitations to sit

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10764 CONGRESSIONAL RECORD — SENATE September 23, 1998 down with them to fashion a reason- amendment into the managers’ amend- abuses in the system, we need to re- able accommodation have been re- ment. I appreciate their efforts and co- member the people who use the system, jected. operation. We must ensure that the both the debtor and the creditor. We Mr. President, at some point, the in- victims of drunk drivers and drunk need to balance the interests of credi- terests of inventors, the continued boaters are protected in bankruptcy tors with those of middle class Ameri- strength of our intellectual property and I urge the conferees to make this cans who need the opportunity to re- base, consumers, and an overwhelming issue a priority when working out dif- solve overwhelming financial burdens. majority of the Senate must prevail ferences with the House bill. over the interests of the few who would Mr. LEAHY. Mr. President, I urge my Unfortunately, the House-passed con- oppose any patent reform. I believe colleagues to support the Consumer sumer bankruptcy reform bill requires that this legislation must be debated Bankruptcy Reform Act, S. 1301. Sen- an arbitrary means testing of debtors and real patent reforms enacted if ator DURBIN and Senator GRASSLEY to be eligible for Chapter 7 filings. America is to retain its competitive have worked together to mold a bipar- Many bankruptcy practitioners and edge into the next century. tisan bill that seeks to correct abuses bankruptcy judges predict that the In acceding to the majority leader’s in the bankruptcy system while pre- radical means-testing requirements in request to refrain from exercising my serving access to it for honest debtors. the House bill would swamp the bank- rights in offering this bill as an amend- Every American agrees with the basic ruptcy process with a flood of new liti- ment to the bankruptcy bill, I am rely- principle that debts should be repaid. gation over a debtor’s filing status. In- ing on his assurance that this patent The vast majority of Americans are deed, the Congressional Budge Office reform legislation will be brought up able to meet their obligations. But, for estimates that H.R. 3150 would cost those who fall on financial hard times, for floor consideration and a vote early taxpayers up to $16 million a year for next year, with the expectation being bankruptcy should be available in a fair and balanced way. new bankruptcy judges and other court that we complete action on the meas- administrative expenses. Moreover, ure prior to March 1999. I would reit- Unfortunately, more and more CBO estimates that the House bill erate my willingness and desire to Vermonters and more and more Ameri- would impose new private sector man- work with my colleagues to resolve cans are filing for bankruptcy. The any outstanding concerns, and I hope numbers are disturbing. While the un- dates, as defined in the Unfunded Man- any Senator who still has genuine con- employment rate keeps going down and dates Reform Act, of at least $100 mil- cerns with this bill will take me up on inflation remains low, the nation’s per- lion on our economy. We need balanced my offer. sonal bankruptcies keep going up. bankruptcy reform, not more unfunded I look forward to working with my Thus, this rise in bankruptcy filings mandates and costs to taxpayers. has occurred at the same time that we colleagues and to seeing reasonable The House bankruptcy reform bill enjoy a robust economy. If fact, patent reforms enacted by the Senate also fails to adequately protect our next year. Vermont’s unemployment rate hit a 10- year low just the other day. Vermont’s most vulnerable citizens—our children. DRUNK-DRIVING VICTIMS More than one-third of the one million Mr. LAUTENBERG. Mr. President, I personal bankruptcy rate increased by about 40 percent for each of the last annual bankruptcies involve spouse would like to commend the authors of and child support orders. But the House this legislation, Senators DURBIN and two years. Still, Vermont was ranked next to bill proposes profound changes to the GRASSLEY, for their efforts on this leg- last among the 50 states in personal bankruptcy code for spouse and child islation and their acceptance of my bankruptcy filings last year. In most amendment which will help prevent support obligations by placing them on other states, personal bankruptcy rates a equal footing with some consumer drunk drivers from escaping the debts increased even more dramatically they owe to their victims by filing for debt. As a result, custodial parents and while unemployment rates declined. I ex-spouses may have to fight in court bankruptcy. do not know all the answers why more As my colleagues know, Congress has against the deep pockets of corporate and more Americans are filing for always worked in a bipartisan way lenders with little chance of success. bankruptcy. I think some may be abus- when working to protect the victims of This is unacceptable for America’s ing the system. I think most are not. drunk-drivers under the Bankruptcy children. My guess is that stagnant wages and Code. In 1984, Congress passed the more consumer credit card debt are the I believe that the Senate version of Bankruptcy Amendments and Federal primary reasons. the Consumer Bankruptcy Reform Act, Judgeship Act of 1984 which contained Where there are abuses in the bank- S. 1301, carefully balances the com- provisions to prevent drunk drivers ruptcy law, we should move to correct peting interests of debtors and credi- from avoiding their debts to victims by them. I believe that this bill does that tors. The bankruptcy reform bill filing for bankruptcy under Chapter 7. by establishing standards for bank- passed by the House of Representa- Although that Act closed a loophole in ruptcy judges to consider with respect tives, H.R. 3150 is not a balanced piece Chapter 7 of the Bankruptcy Code, to Chapter 7 and 13 filings and by dis- of legislation. The Administration has drunk drivers began to file for bank- couraging bad-faith repeat filings. This promised a veto if the House bill were ruptcy under Chapter 13. Consequently, bill also includes better bankruptcy to be adopted by Congress. in 1990, Congress passed another meas- data collection procedures so that we ure to protect drunk-driving victims can learn more about the root causes of I have already spoken to the other under Chapter 13. the recent rise in bankruptcy filings. Senators who will serve on a House- As originally drafted, S. 1301 con- Accurate data will also allow us to bet- Senate bankruptcy reform conference tained a number of provisions that ter evaluate the impact of this reform about holding firm to the Senate bill in would have diluted the ability of legislation. conference. If we want to enact bal- drunk-driving victims to receive dam- But we must also remember that anced bankruptcy reforms into law this ages. Consequently, I drafted an bankruptcy serves as a safety net for year, the Senate bill is that measure. If amendment designed to ensure that many of our constituents. Those who this Congress wants to enact consumer victims would be paid for their injuries use bankruptcy are the most vulner- bankruptcy reforms into law, then the when the drunk driver filed for bank- able of the American middle class. conference report must be along the ruptcy. Additionally, the amendment They are older Americans who have lines of S. 1301. I am glad to report that extended protections to victims of lost their jobs or are unable to pay a majority of the Republicans who will drunk boaters. The Coast Guard re- their medical debts. They are women serve on the conference with Senator ports that drunk boating continues to attempting to raise their families or DURBIN and me agree. I expect that we be a problem with more than 200 fatali- secure alimony and child support after will strongly support the Senate posi- ties in some years, and I thought it was a divorce. They are individuals strug- tion and prevail in conference. important that irresponsible boaters gling to recover from unemployment. not be able to escape liability by filing This bankruptcy reform bill protects I hope that the Senate will adopt this for bankruptcy. them. bipartisan bill that corrects the abuses I am pleased that Senators DURBIN As we move forward with reforms in the bankruptcy system without un- and GRASSLEY have incorporated my that are appropriate to eliminate fairly penalizing women and children

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10765 who depend on child support and ali- Chapter 12 to the bankruptcy code to Again, Mr. President, I wish to thank mony, as well as older Americans and satisfy the unique risks and needs of Senators KERREY, CONRAD, GRASSLEY small business owners. family farmers. Prior to that, farmers and DURBIN for their work on these I want to take a moment to com- were forced to file for bankruptcy amendments. It will give family farm- mend Senator DURBIN for his leader- under Chapter 11, the Small Business ers across the country the flexibility ship and for working to reform our specific Chapter. they need to make good on their debts. bankruptcy system in a fair and bal- Although Chapter 12 has provided Mr. WELLSTONE. Mr. President, anced manner. Senator DURBIN has much needed relief for hundreds of there is no doubt that more and more served as a most effective manager of family farmers, through the years, Americans are turning to the consumer this important measure. He has been Chapter 12 has become outdated; its bankruptcy system and the financial informed and exercised good judgment definitions, eligibility requirements protection it offers. More than 1.3 mil- at every turn. He has met every chal- and other provisions have not kept lion families filed for bankruptcy last lenge and maintained the bipartisan- pace with changes in agriculture or in year. Where there is fraud and abuse ship that made this possible. Without the nation’s economy. Most disturb- we must take steps to reduce and his extraordinary efforts, there would ingly, the out of date eligibility re- eliminate it. But this bill will not help be no bankruptcy reform legislation quirements of this provision have ex- reduce fraud. It will encourage riskier being considered for final passage by cluded many who need it most and lending habits by credit companies. It the Senate. forced many farmers into Chapter 11. will lead to more credit being extended I also commend Senator GRASSLEY. I I was pleased that three amendments to poor families. It will ensure that know that is has not always been easy I authored with Senators CONRAD and those families will file more bank- for him to keep this legislation on Bob KERREY were accepted by Senators ruptcies. It will force these families to course. I know that some in his caucus GRASSLEY and DURBIN and included in file different types of bankruptcies, the have criticized his efforts to be fair and the manager’s amendment. Two of kind of bankruptcy that ensures that to continue to work in a bipartisan these provision change the eligibility they will never be free of their debt and fashion. I am glad that he did not suc- requirements of Chapter 12 to include able to restart their lives. cumb to that bad advice. Senator those originally intended under the This is a complex issue and I must GRASSLEY and I have worked together 1986 statute. provide some background in order to for many years. We agree on many One provision indexes the Chapter 12 explain my stance. There are two types things and we have disagreed on some. debt limit. The current maximum debt of bankruptcies that individuals can I congratulate him for his outstanding limit on Chapter 12 is $1,500,000. This file: Chapter 7 and Chapter 13. Under efforts as the principal author, sub- limit has not been changed since the current law, individuals can choose ei- committee chairman and floor man- 1986 law took effect, while most other ther type. Chapter 7 bankruptcy allows ager of this bill. He has done a fine job Code dollar figures have been increased debtors to discharge all their debt (be- and created a measure for which he de- for inflation and will have automatic sides child support, taxes, home loans, serves our thanks. In this effort I have adjustments in the future. At this and student loans). Chapter 13 bank- tried to be constructive—even fore- point, the debt limits exclude many ruptcies discharge no debt, but allow going offering an important amend- farmers for whom Chapter 12 was origi- debtors to bargain directly with their ment to this particular bill, at Senator nally intended. creditors on reduced debt and payment HATCH’s request. A second eligibility problem had been schedules. Under the bill we passed I also want to applaud the work of the requirement that more than 50% of today, Chapter 7 bankruptcies, which the staff on the Senate Judiciary Com- a farm family’s taxable income for the have provided a new start to millions mittee principally responsible for this prior year came from a farming oper- of families over the years, will become bill: Victoria Bassetti and Anne McCor- ation. Farm families, expecting low re- a thing of the past. First of all, a judge mick with Senator DURBIN, and Kolan turn on their commodities, usually now will have discretion to reject a Davis and John McMickle with Senator seek off-farm employment for one of debtor’s Chapter 7 claim, and require GRASSLEY. Each worked hard on this the household adults. A few years of her to file under Chapter 13, if it can be very complex issue and helped craft a low prices and negligible farm income proven that the debtor has the ability fine piece of bipartisan legislation. would make many farmers ineligible to pay off 30% of her debt over the next They were here late into many nights under this provision. Current law as- five years. Secondly, any of the debt- and worked ceaselessly for the public sumes that farmers throw in the towel or’s creditors can enter the court— interest. after just one bad year. I cannot think without legal counsel—and require the I urge my colleagues to support S. of one Wisconsin farmer that gives up court to make a judgement as to 1301, the Consumer Bankruptcy Reform that easily. They keep working and whether the debtor can afford this 30%. Act. It is a bill that the Senate should hope for better markets next year. My Thirdly, if the judge believes that the pass. provision changes this requirement so debtor can pay off this 30%, the debt- Mr. FEINGOLD. Mr. President, al- that farmers have a bit more flexi- or’s attorney—and this is unheard of in though I object to numerous provisions bility. More specifically, my amend- the law to date—will be forced to pay in the underlying bill, S. 1301, the Con- ment will allow the 50% income re- the cost of the Chapter 13 Trustee. This sumer Bankruptcy Reform Act, I was quirement can be satisfied in any of is a hugely expensive tax on bank- pleased to work with the Chairman and the past three years. ruptcy attorneys and they will cer- Ranking Member to include provisions The last provision simply prohibits tainly avoid taking on new Chapter 7 important to the farmers of this coun- retroactive assessment of disposable bankruptcies. try. income by the courts. To have a pay- The truth is that this bill treats all Mr. President, everyone knows that back schedule confirmed by the bank- debtors as likely criminals. Yes, bank- family farming is a high risk business. ruptcy courts, a debtor in Chapter 12 ruptcies in this country are up. But One that’s effected more by outside, must commit projected disposable in- debtors now wait longer to file bank- unanticipated forces—for example, un- come—over and above living expenses, ruptcy and are deeper in debt than stable markets, weather, and disease— operating expenses and secured debt those who filed bankruptcy a decade than any other industry. To survive in payments—to pay unsecured debtors. ago. Furthermore, increased filings can such a volatile vocation, farmers are Some courts have started ‘‘adjusting’’ be attributed to job loss, divorce, in- often given a bit of flexibility. This these payments upward in hindsight, if creasing health care costs, declining flexibility is the key to the survival of the debtor’s income was greater than real wages—and most importantly—an most family farms. projected. My amendment will make entire industry of easy credit which Unfortunately, some farmers become Chapter 12 consistent with Chapter 13 ten years ago did not exist in any overburdened by the financial hazards and prohibit the retroactive assess- where near today’s scale. associated with the business and seek ment and instead modifies the coming Harvard Business School researchers assistance in dealing with their credi- year’s payment schedule to reflect the David Moss and Gibbs Johnson state tors. In 1986, Senator GRASSLEY added additional income. ‘‘the evidence suggests that shifts in

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10766 CONGRESSIONAL RECORD — SENATE September 23, 1998 the volume of and distribution of con- tection. But this bill responds to the meaningful bankruptcy reform,’’ I am sumer credit—rather than declining need of these families by basically re- confident that we won’t have to go that stigma [of bankruptcies]—are the most instituting life-long debtor’s prison. route. likely sources of the recent surge in All to the benefit of easy-credit compa- Mr. President, when people talk consumer filings.’’ They add that the nies. I could not in good conscience about bankruptcy abuse, the notion of surge of filings that began in the late support this bill. stashing cash in a lavish Florida home 1980s can be attributed to ‘‘consumer Mr. KOHL. Mr. President, the dra- is the first thing they think about. And creditors [which] began reaching sub- matic rise in bankruptcies is very trou- that’s not surprising. To borrow a stantially further down into the in- bling, regardless of whether the blame phrase from Bill Bennett, Congress come distribution beginning in the mid lies with credit card companies, a cul- needs to act responsibly to put ‘‘a 1980s.’’ It should also be noted that ture that disparages personal responsi- death to this outrage.’’ credit-card mail solicitations have sky- bility, the bankruptcy code or, most Overall, I commend Senators GRASS- rocketed, from 3.1 million mail solici- probably, with all of the above. While LEY and DURBIN for their hard work tations in 1996 to over 881 million mail none of us wants to return to the era of and close collaboration. I look forward solicitations in 1997. Yet it is this con- ‘‘debtors’ prison,’’ we need to do some- to a final product that continues tack- sumer credit industry that benefits thing to reverse this trend. ling the worst abuses, while still help- most from this bill; because it is this But true ‘‘reform’’ will only occur if ing honest debtors. industry that will use this bill to pre- we prevent the most egregious abuse of Mr. REED. Mr. President, I voted in vent individuals from discharging their the bankruptcy laws—misuse of the favor of S. 1301, the Consumer Bank- credit card debt. Simply put, this bill homestead exemption. And we will ruptcy Reform Act of 1998, to address will increase the amount of money that only have true reform if we target certain abuses regarding consumer credit card companies would receive other abuses without overburdening bankruptcy laws, while providing from low-income bankrupt debtors. the vast majority of debtors who truly bankruptcy protection to those who Meanwhile, opponents argue that so- need—and deserve—relief. And, true re- genuinely need it. Indeed, in recent phisticated individuals with good legal form also requires a balanced approach years, there have been record increases advice will be able to get around the that targets abusive practices by credi- in bankruptcy filings. In 1997 alone bill’s new changes (as is often the case tors as well as by debtors. there were 1.3 million bankruptcy fil- with financial laws). That is why I intend to vote for this ings—an all-time high. While I think Who will benefit from this bill? I will bill. It does all three: prevents the this increase is in part a result of the quote Senator Metzenbaum, Public Cit- most egregious abuses by capping the significant rise in outstanding con- izen, and Consumers Union: ‘‘The only homestead exemption, uses ‘‘means sumer credit, I believe it is also attrib- reason we’re having this debate is be- testing’’ to deter other serious abuses utable to the reduced stigma associ- cause the credit industry, primarily without placing unfair burdens on hon- ated with filing for bankruptcy. As the credit card industry, has spent est debtors, and requires credit card such, I believe that S. 1301 will be an well-orchestrated millions on ads and companies to disclose the information important tool in curtailing irrespon- lobbyists demonizing American fami- consumers need to make intelligent sible debtor practices. lies in crisis.’’ Even the title of a Wall choices. The version of S. 1301 passed by the Street Journal article says it all: ‘‘As In particular, let me focus on the cap Senate is the product of significant Bankruptcies Surge, Creditors Lobby on the homestead exemption that Sen- compromise by both Democrats and Hard to Get Tougher Laws; But Wheth- ator SESSIONS and I introduced in sub- Republicans and is much-improved er Many People Shirk Bills They Can committee. This proposal, which was over the Judiciary Committee-passed Pay Remains Open To Debate; Chang- adopted by a unanimous 7–0 vote in bill. I am pleased that my amendments ing the Lender’s Image.’’ I quote from subcommittee and was unanimously re- prohibiting certain credit card termi- that article: ‘‘As the legislation moves affirmed on the floor through a Sense nations, limiting consumer debit card quickly through Congress, many aca- of the Senate resolution, closes a loop- liability, and providing greater disclo- demics, lawyers, and judges who spe- hole that allows too many debtors to sure for ‘‘high LTV’’ loans were adopt- cialize in bankruptcy question why. A shield their assets in luxury homes, ed by the Senate. Nonetheless, I am government-appointed commission while their creditors get left out in the concerned about the means-testing pro- spent two years studying the matter cold. Currently, a handful of states visions in the bill and would be in- and was deeply divided. Five of its nine allow debtors to protect their homes no clined to oppose the Conference Report members found no major abuse of the matter how high their value. And time if the means-testing provisions are system or need for a crackdown: only after time, millionaire debtors move to made mandatory or if consumer credit two endorsed anything like the bills states with unlimited exemptions, like protections are deleted. Congress is embracing. More than 100 Florida and Texas, declare bank- S. 1301 signifies a fundamental jurists wrote lawmakers to urge them ruptcy—yet continue to live like kings change in bankruptcy policy by estab- to slow down.* * * A major reason [for while their creditors get little or noth- lishing a system of means testing for the bill]? A multi-million public-rela- ing. If we want to restore the stigma determining eligibility for Chapter 7 tions and lobbying blitz run largely by attached to bankruptcy, these high relief. Heretofore, debtors have had the companies with the most to gain: cred- profile abuses are the best place to power to determine the type of bank- it card issuers and other lenders.’’ start. ruptcy relief to be sought, regardless of Who will suffer under this bill? When Our proposal is simple and effective. their ability to repay. S. 1301, however, job loss, divorce, or medical emergency It caps at $100,000 the maximum home- gives a bankruptcy judge the discretion strike, some families have no choice stead exemption that an individual fil- to convert a Chapter 7 case to Chapter but to file for bankruptcy in order to ing bankruptcy can claim. With the 13 upon a motion by the creditor, if the stabilize themselves. Divorced women cap in place, bankrupt debtors will re- debtor can afford to repay 30 percent of file for bankruptcy in greater propor- tain their right to a roof over their his or her debts. tions than divorced men. Victims of heads, but not to luxury accommoda- My concern with the provision is abuse file for bankruptcy, often from tions. that it does not contemplate whether debt incurred entirely by those who I am concerned, however, that if this the creditor acted responsibly and in abused them. Single parents are forced homestead cap is dropped in Con- good faith in extending credit to the into bankruptcy after any substantial ference, the President will veto the debtor. Statistics showing that house- period of unemployment. African bill. That is, if it reaches him, because hold debt has increased to 104 percent Americans and Hispanics are dramati- if the cap is removed, I’ll filibuster the of household income, as compared to 24 cally over-represented in bankruptcy. Conference Report myself. percent in 1975, suggests that some With health insurance in its current But since all of the conferees support creditors may be irresponsibly extend- state, families that suffer even one the homestead cap provision, and since ing credit. In response to my concerns, major medical emergency often find the Senate has now gone on record as I offered an amendment to the bill that themselves in need of bankruptcy pro- saying that the ‘‘cap’’ is ‘‘essential to would have required creditors to act in

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10767 good faith in their dealings with debt- The substitute amendment (No. 3559), Bryan Grams McConnell ors. Unfortunately, this amendment as amended, was agreed to. Bumpers Grassley Mikulski Burns Gregg Moseley-Braun did not pass. Mr. GRASSLEY. I move to recon- Byrd Hagel Moynihan Despite my concerns with the means sider the vote. Campbell Harkin Murkowski testing provision, I was able to support Mr. DURBIN. I move to lay that mo- Chafee Hatch Murray Cleland Helms the bill because the means testing pro- tion on the table. Nickles Coats Hollings Reed vision does not require the judge to Cochran Hutchinson The motion to lay on the table was Reid Collins Hutchison convert a case to Chapter 13, but in- agreed to. Robb stead gives the judge discretion. If the Conrad Inhofe The PRESIDING OFFICER. The Coverdell Inouye Roberts Conference Report eliminates this judi- question is on agreeing to the reported Craig Jeffords Rockefeller cial discretion and incorporates the committee substitute amendment, as D’Amato Johnson Roth Santorum House-passed means testing provision amended. Daschle Kempthorne that requires conversion, I would have DeWine Kennedy Sarbanes Without objection, the committee Dodd Kerrey Sessions a difficult time supporting the Con- substitute amendment, as amended, is Domenici Kerry Shelby ference Report. agreed to. Dorgan Kohl Smith (NH) Lastly, my support for S. 1301 was in Durbin Kyl Smith (OR) The committee substitute amend- part predicated on the significant con- Enzi Landrieu Snowe ment, as amended, was agreed to. Faircloth Lautenberg sumer credit protections incorporated Specter The PRESIDING OFFICER. The Feingold Leahy Stevens in the bill. For example, the bill in- Feinstein Levin question is on the engrossment and Thomas cludes an amendment that I offered Ford Lieberman third reading of the bill. Thompson that would prohibit credit card compa- Frist Lott Thurmond Gorton The bill was ordered to be engrossed Lugar Torricelli nies from terminating a consumer’s ac- Graham Mack for a third reading and was read the Wyden count simply because the consumer Gramm McCain third time. paid his or her bill in full each month. NAYS—1 This is a detestable practice which flies Mr. GRASSLEY. I ask for the yeas Wellstone in the face of the goals being promoted and nays. in S. 1301. If this provision, or other The PRESIDING OFFICER. If the NOT VOTING—2 such provisions are not included in the Senator would withhold for a moment. Glenn Warner Under the previous order, the Senate Conference Report, I would seriously The bill (H.R. 3150), as amended, will now proceed to the House com- consider opposing the Conference Re- passed as follows: port. panion bill, which the clerk will report. The assistant legislative clerk read Resolved, That the bill from the House of Mr. GRAMS. Mr. President, on July Representatives (H.R. 3150) entitled ‘‘An Act 6th, the Federal Financial Institutions as follows: to amend title 11 of the United States Code, Examination Council (FFIEC), pub- A bill (H.R. 3150) to amend title 11 of the and for other purposes.’’, do pass with the lished for public comment in the Fed- United States Code, and for other purposes. following amendment: eral Register, its proposed changes to The Senate proceeded to consider the Strike out all after the enacting clause and its Uniform Policy for Classification of bill. insert: Consumer Installment Credit Based on The PRESIDING OFFICER. Under SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Delinquency Status. FFEIC is on the (a) SHORT TITLE.—This Act may be cited as the previous order, all after the enact- the ‘‘Consumer Bankruptcy Reform Act of verge of adopting the changes in the ing clause of H.R. 3150 is stricken and proposals, with or without modifica- 1998’’. the text of S. 1301, as amended, is in- (b) TABLE OF CONTENTS.—The table of con- tions based on the public input they re- serted in lieu thereof. tents for this Act is as follows: ceived. I would like to ask my distin- The question is on the engrossment Sec. 1. Short title; table of contents. guished colleague, the Senator from of the amendment and third reading of Iowa whether the bankruptcy reform TITLE I—NEEDS-BASED BANKRUPTCY the bill. Sec. 101. Conversion. legislation currently before the Senate The amendment was ordered to be would significantly affect the agency’s Sec. 102. Dismissal or conversion. engrossed and the bill to be read a TITLE II—ENHANCED PROCEDURAL policy guidelines? My concern is that third time. shortly after the FFIEC’s new guide- PROTECTIONS FOR CONSUMERS The bill was read a third time. Sec. 201. Allowance of claims or interests. lines are adopted, it will have to re- Mr. GRASSLEY. I ask for the yeas write them, according to the new bank- Sec. 202. Exceptions to discharge. and nays. Sec. 203. Effect of discharge. ruptcy reform legislation. The PRESIDING OFFICER. Is there a Sec. 204. Automatic stay. Mr. GRASSLEY. That is correct. If Sec. 205. Discharge. the bill before us is enacted this fall, it sufficient second? There appears to be. Sec. 206. Discouraging predatory lending prac- will have a substantial impact upon tices. creditors’ recovery in many consumer The yeas and nays were ordered. Sec. 207. Enhanced disclosure for credit exten- bankruptcy cases. It will take some The PRESIDING OFFICER. The bill sions secured by dwelling. time to evaluate the full impact of the having been read the third time, the Sec. 208. Dual-use debit card. new law. question is, Shall the bill, as amended, Sec. 209. Enhanced disclosures under an open Mr. GRAMS. Accordingly then, it is pass? The yeas and nays have been or- end credit plan. Sec. 210. Violations of the automatic stay. my view that the FFIEC should delay dered. The clerk will call the roll. The legislative clerk called the roll. Sec. 211. Discouraging abusive reaffirmation implementing any changes to its Uni- practices. form Policy for Classification of Con- Mr. NICKLES. I announce that the Sec. 212. Sense of the Senate regarding the sumer Installment Credit Based on De- Senator from Virginia (Mr. WARNER), is homestead exemption. linquency Status until it is clear necessarily absent. Sec. 213. Encouraging creditworthiness. whether and in what final form the Mr. FORD. I announce that the Sen- Sec. 214. Treasury Department study regarding bankruptcy reform is enacted. ator from Ohio (Mr. GLENN), is nec- security interests under an open Mr. GRASSLEY. I would agree with essarily absent. end credit plan. my colleague from Minnesota and urge The PRESIDING OFFICER (Mr. TITLE III—IMPROVED PROCEDURES FOR FFIEC to delay implementing changes THOMAS). Are there any other Senators EFFICIENT ADMINISTRATION OF THE to its Uniform Policy for Classification in the Chamber desiring to vote? BANKRUPTCY SYSTEM of Consumer Installment Credit Based The result was announced—yeas 97, Sec. 301. Notice of alternatives. on Delinquency Status, in light of the nays 1, as follows: Sec. 302. Fair treatment of secured creditors under chapter 13. pending bankruptcy reform legislation. [Rollcall Vote No. 284 Leg.] Sec. 303. Discouragement of bad faith repeat fil- The PRESIDING OFFICER. Are there YEAS—97 ings. further amendments? Sec. 304. Timely filing and confirmation of If there are no further amendments, Abraham Baucus Bond Akaka Bennett Boxer plans under chapter 13. the question is on agreeing to the sub- Allard Biden Breaux Sec. 305. Application of the codebtor stay only stitute amendment, as amended. Ashcroft Bingaman Brownback when the stay protects the debtor.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 6343 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10768 CONGRESSIONAL RECORD — SENATE September 23, 1998 Sec. 306. Improved bankruptcy statistics. Sec. 603. Creditors and equity security holders percent of unsecured claims that are not consid- Sec. 307. Audit procedures. committees. ered to be priority claims (as determined under Sec. 308. Creditor representation at first meet- Sec. 604. Repeal of sunset provision. subchapter I of chapter 5); or ing of creditors. Sec. 605. Cases ancillary to foreign proceedings. ‘‘(B) the debtor filed a petition for the relief in Sec. 309. Fair notice for creditors in chapter 7 Sec. 606. Limitation. bad faith. and 13 cases. Sec. 607. Amendment to section 546 of title 11, ‘‘(3)(A) If a panel trustee appointed under Sec. 310. Stopping abusive conversions from United States Code. section 586(a)(1) of title 28 brings a motion for chapter 13. Sec. 608. Amendment to section 330(a) of title dismissal or conversion under this subsection Sec. 311. Prompt relief from stay in individual 11, United States Code. and the court grants that motion and finds that cases. TITLE VII—TECHNICAL CORRECTIONS the action of the counsel for the debtor in filing Sec. 312. Dismissal for failure to timely file under this chapter was not substantially justi- Sec. 701. Definitions. schedules or provide required in- fied, the court shall order the counsel for the Sec. 702. Adjustment of dollar amounts. formation. debtor to reimburse the trustee for all reasonable Sec. 703. Extension of time. Sec. 313. Adequate time for preparation for a costs in prosecuting the motion, including rea- hearing on confirmation of the Sec. 704. Who may be a debtor. Sec. 705. Penalty for persons who negligently or sonable attorneys’ fees. plan. ‘‘(B) If the court finds that the attorney for fraudulently prepare bankruptcy Sec. 314. Discharge under chapter 13. the debtor violated Rule 9011, at a minimum, the Sec. 315. Nondischargeable debts. petitions. Sec. 706. Limitation on compensation of profes- court shall order— Sec. 316. Credit extensions on the eve of bank- ‘‘(i) the assessment of an appropriate civil sional persons. ruptcy presumed nondischarge- penalty against the counsel for the debtor; and Sec. 707. Special tax provisions. able. ‘‘(ii) the payment of the civil penalty to the Sec. 708. Effect of conversion. Sec. 317. Definition of household goods and an- panel trustee or the United States trustee. Sec. 709. Automatic stay. tiques. ‘‘(C) In the case of a petition referred to in Sec. 710. Amendment to table of sections. Sec. 318. Relief from stay when the debtor does subparagraph (B), the signature of an attorney Sec. 711. Allowance of administrative expenses. not complete intended surrender shall constitute a certificate that the attorney of consumer debt collateral. Sec. 712. Priorities. Sec. 713. Exemptions. has— Sec. 319. Adequate protection of lessors and ‘‘(i) performed a reasonable investigation into purchase money secured creditors. Sec. 714. Exceptions to discharge. Sec. 715. Effect of discharge. the circumstances that gave rise to the petition; Sec. 320. Limitation. and Sec. 321. Miscellaneous improvements. Sec. 716. Protection against discriminatory treatment. ‘‘(ii) determined that the petition— Sec. 322. Bankruptcy judgeships. ‘‘(I) is well grounded in fact; and Sec. 717. Property of the estate. Sec. 323. Definition of domestic support obliga- ‘‘(II) is warranted by existing law or a good Sec. 718. Preferences. tion. faith argument for the extension, modification, Sec. 719. Postpetition transactions. Sec. 324. Priorities for claims for domestic sup- or reversal of existing law and does not con- port obligations. Sec. 720. Technical amendment. Sec. 721. Disposition of property of the estate. stitute an abuse under paragraph (1) of this Sec. 325. Requirements to obtain confirmation subsection. and discharge in cases involving Sec. 722. General provisions. Sec. 723. Appointment of elected trustee. ‘‘(4)(A) Except as provided in subparagraph domestic support obligations. (B), the court may award a debtor all reason- Sec. 326. Exceptions to automatic stay in do- Sec. 724. Abandonment of railroad line. Sec. 725. Contents of plan. able costs in contesting a motion brought by a mestic support obligation pro- party in interest (other than a panel trustee or ceedings. Sec. 726. Discharge under chapter 12. Sec. 727. Extensions. United States trustee) under this subsection (in- Sec. 327. Nondischargeability of certain debts cluding reasonable attorneys’ fees) if— for alimony, maintenance, and Sec. 728. Bankruptcy cases and proceedings. Sec. 729. Knowing disregard of bankruptcy law ‘‘(i) the court does not grant the motion; and support. ‘‘(ii) the court finds that— Sec. 328. Continued liability of property. or rule. Sec. 730. Rolling stock equipment. ‘‘(I) the position of the party that brought the Sec. 329. Protection of domestic support claims motion was not substantially justified; or against preferential transfer mo- Sec. 731. Curbing abusive filings. Sec. 732. Study of operation of title 11 of the ‘‘(II) the party brought the motion solely for tions. the purpose of coercing a debtor into waiving a Sec. 330. Protection of retirement savings in United States Code with respect to small businesses. right guaranteed to the debtor under this title. bankruptcy. ‘‘(B) A party in interest that has a claim of an Sec. 331. Additional amendments to title 11, Sec. 733. Transfers made by nonprofit chari- table corporations. aggregate amount less than $1,000 shall not be United States Code. subject to subparagraph (A). Sec. 332. Debt limit increase. Sec. 734. Effective date; application of amend- ments. ‘‘(5) However, only the judge, United States Sec. 333. Elimination of requirement that family trustee, bankruptcy administrator or panel farmer and spouse receive over 50 TITLE I—NEEDS-BASED BANKRUPTCY trustee may bring a motion under this section if percent of income from farming SEC. 101. CONVERSION. the debtor and the debtor’s spouse combined, as operation in year prior to bank- Section 706(c) of title 11, United States Code, of the date of the order for relief, have current ruptcy. is amended by inserting ‘‘or consents to’’ after monthly total income equal to or less than the Sec. 334. Prohibit retroactive assessment of dis- ‘‘requests’’. national median household monthly income cal- posable income. culated on a monthly basis for a household of Sec. 335. Amendment to section 1325 of title 11, SEC. 102. DISMISSAL OR CONVERSION. (a) IN GENERAL.—Section 707 of title 11, equal size. However, for a household of more United States Code. than 4 individuals, the median income shall be Sec. 336. Protection of savings earmarked for United States Code, is amended— that of a household of 4 individuals plus $583 the postsecondary education of (1) by striking the section heading and insert- for each additional member of that household.’’. children. ing the following: (b) CLERICAL AMENDMENT.—The table of sec- ‘‘§ 707. Dismissal of a case or conversion to a TITLE IV—FINANCIAL INSTRUMENTS tions at the beginning of chapter 7 of title 11, case under chapter 13’’; Sec. 401. Bankruptcy Code amendments. United States Code, is amended by striking the Sec. 402. Recordkeeping requirements. and item relating to section 707 and inserting the fol- Sec. 403. Damage measure. (2) in subsection (b)— lowing: (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Sec. 404. Asset-backed securitizations. ‘‘707. Dismissal of a case or conversion to a case (B) in paragraph (1), as redesignated by sub- Sec. 405. Prohibition on certain actions for fail- under chapter 13.’’. ure to incur finance charges. paragraph (A) of this paragraph— Sec. 406. Fees arising from certain ownership (i) in the first sentence— TITLE II—ENHANCED PROCEDURAL interests. (I) by striking ‘‘but not’’ and inserting ‘‘or’’; PROTECTIONS FOR CONSUMERS Sec. 407. Bankruptcy fees. (II) by inserting ‘‘, or, with the debtor’s con- SEC. 201. ALLOWANCE OF CLAIMS OR INTERESTS. Sec. 408. Applicability. sent, convert such a case to a case under chap- Section 502 of title 11, United States Code, is TITLE V—ANCILLARY AND OTHER CROSS- ter 13 of this title,’’ after ‘‘consumer debts’’; and amended by adding at the end the following: BORDER CASES (III) by striking ‘‘substantial abuse’’ and in- ‘‘(k)(1) The court may award the debtor rea- serting ‘‘abuse’’; and sonable attorneys’ fees and costs if, after an ob- Sec. 501. Amendment to add a chapter 6 to title (ii) by striking the last sentence and inserting jection is filed by a debtor, the court— 11, United States Code. the following: ‘‘(A)(i) disallows the claim; or Sec. 502. Amendments to other chapters in title ‘‘(2) In considering under paragraph (1) ‘‘(ii) reduces the claim by an amount greater 11, United States Code. whether the granting of relief would be an than 20 percent of the amount of the initial TITLE VI—MISCELLANEOUS abuse of the provisions of this chapter, the court claim filed by a party in interest; and Sec. 601. Executory contracts and unexpired shall consider whether— ‘‘(B) finds the position of the party filing the leases. ‘‘(A) under section 1325(b)(1), on the basis of claim is not substantially justified. Sec. 602. Expedited appeals of bankruptcy cases the current income of the debtor, the debtor ‘‘(2) If the court finds that the position of a to courts of appeals. could pay an amount greater than or equal to 30 claimant under this section is not substantially

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10769 justified, the court may, in addition to awarding ‘‘(i) before the filing of the petition, the debtor ‘‘(15) In the case of a consumer credit trans- a debtor reasonable attorneys’ fees and costs made a good faith effort to negotiate a reason- action that is secured by the principal dwelling under paragraph (1), award such damages as able alternative repayment schedule (including of the consumer, in which the extension of cred- may be required by the equities of the case.’’. making an offer of a reasonable alternative re- it may exceed the fair market value of the dwell- SEC. 202. EXCEPTIONS TO DISCHARGE. payment schedule); and ing, a clear and conspicuous statement that— Section 523 of title 11, United States Code, is ‘‘(ii) that creditor refused to negotiate an al- ‘‘(A) the interest on the portion of the credit amended— ternative payment schedule, and that refusal extension that is greater than the fair market (1) in subsection (a)(2)(A), by striking ‘‘a false was not reasonable. value of the dwelling is not tax deductible for representation’’ and inserting ‘‘a material false ‘‘(B) For purposes of this paragraph, the debt- Federal income tax purposes; and representation upon which the defrauded per- or shall have the burden of proof of establishing ‘‘(B) the consumer should consult a tax advi- son justifiably relied’’; and that— sor for further information regarding the de- (2) by striking subsection (d) and inserting the ‘‘(i) an offer made by that debtor under sub- ductibility of interest and charges.’’; and following: paragraph (A)(i) was reasonable; and (B) in subsection (b), by adding at the end the ‘‘(d)(1) Subject to paragraph (3), if a creditor ‘‘(ii) the refusal to negotiate by the creditor following: requests a determination of dischargeability of a involved to was not reasonable.’’; and ‘‘(3) In the case of a credit transaction de- consumer debt under this section and that debt (2) by adding at the end the following: scribed in paragraph (15) of subsection (a), dis- is discharged, the court shall award the debtor ‘‘(f)(1) The court may award the debtor rea- closures required by that paragraph shall be reasonable attorneys’ fees and costs. sonable attorneys’ fees and costs in any case in made to the consumer at the time of application ‘‘(2) In addition to making an award to a which a creditor files a motion to deny relief to for such extension of credit.’’. debtor under paragraph (1), if the court finds a debtor under this section and that motion— (2) CREDIT ADVERTISEMENTS.—Section 144 of that the position of a creditor in a proceeding ‘‘(A) is denied; or the Truth in Lending Act (15 U.S.C. 1664) is covered under this section is not substantially ‘‘(B) is withdrawn after the debtor has re- amended by adding at the end the following: justified, the court may award reasonable attor- plied. ‘‘(e) Each advertisement to which this section neys’ fees and costs under paragraph (1) and ‘‘(2) If the court finds that the position of a applies that relates to a consumer credit trans- such damages as may be required by the equities party filing a motion under this section is not action that is secured by the principal dwelling of the case. substantially justified, the court may assess of a consumer in which the extension of credit ‘‘(3)(A) A creditor may not request a deter- against the creditor such damages as may be re- may exceed the fair market value of the dwelling mination of dischargeability of a consumer debt quired by the equities of the case.’’. shall clearly and conspicuously state that— under subsection (a)(2) if— SEC. 206. DISCOURAGING PREDATORY LENDING ‘‘(1) the interest on the portion of the credit ‘‘(i) before the filing of the petition, the debtor PRACTICES. extension that is greater than the fair market made a good faith effort to negotiate a reason- Section 502(b) of title 11, United States Code, value of the dwelling is not tax deductible for able alternative repayment schedule (including is amended— Federal income tax purposes; and making an offer of a reasonable alternative re- (1) in paragraph (8), by striking ‘‘or’’ at the ‘‘(2) the consumer may want to consult a tax payment schedule); and end; advisor for further information regarding the ‘‘(ii) that creditor refused to negotiate an al- (2) in paragraph (9), by striking the period at deductibility of interest and charges.’’. ternative payment schedule, and that refusal the end and inserting ‘‘; or’’; and (c) EFFECTIVE DATE.—This section shall be- was not reasonable. (3) by adding at the end the following: come effective one year after the date of enact- ‘‘(B) For purposes of this paragraph, the debt- ‘‘(10) the claim is based on a secured debt if ment of this Act. or shall have the burden of proof of establishing the creditor has failed to comply with the re- SEC. 208. DUAL-USE DEBIT CARD. that— quirements of subsection (a), (b), (c), (d), (e), (f), ‘‘(i) an offer made by that debtor under sub- (a) CONSUMER LIABILITY.— (g), (h), or (i) of section 129 of the Truth in (1) IN GENERAL.—Section 909 of the Electronic paragraph (A)(i) was reasonable; and Lending Act (15 U.S.C. 1639).’’. ‘‘(ii) the refusal to negotiate by the creditor Fund Transfer Act (15 U.S.C. 1693g) is amend- involved to was not reasonable.’’. SEC. 207. ENHANCED DISCLOSURE FOR CREDIT ed— EXTENSIONS SECURED BY DWELL- (A) by redesignating subsections (b) through SEC. 203. EFFECT OF DISCHARGE. ING. (e) as subsections (d) through (g), respectively; Section 524 of title 11, United States Code, is (a) OPEN-END CREDIT EXTENSIONS.— (B) in subsection (a)— amended by adding at the end the following: (1) CREDIT APPLICATIONS.—Section 127A(a)(13) (i) by redesignating paragraphs (1) and (2) as ‘‘(i) The willful failure of a creditor to credit of the Truth in Lending Act (15 U.S.C. subparagraphs (A) and (B), respectively, and payments received under a plan confirmed 1637a(a)(13)) is amended— indenting appropriately; under this title (including a plan of reorganiza- (A) by striking ‘‘CONSULTATION OF TAX ADVI- (ii) by inserting ‘‘CARDS NECESSITATING tion confirmed under chapter 11 of this title) in SOR.—A statement that the’’ and inserting the UNIQUE IDENTIFIER.— the manner required by the plan (including following: ‘‘TAX DEDUCTIBILITY.—A statement ‘‘(1) IN GENERAL.—’’ after ‘‘(a)’’; crediting the amounts required under the plan) that— (iii) by striking ‘‘other means of access can be shall constitute a violation of an injunction ‘‘(A) the’’; and identified as the person authorized to use it, under subsection (a)(2). (B) by striking the period at the end and in- such as by signature, photograph,’’ and insert- ‘‘(j) An individual who is injured by the fail- serting the following: ‘‘; and ing ‘‘other means of access can be identified as ure of a creditor to comply with the require- ‘‘(B) in any case in which the extension of the person authorized to use it by a unique ments for a reaffirmation agreement under sub- credit exceeds the fair market value of the identifier, such as a photograph, retina scan,’’; sections (c) and (d), or by any willful violation dwelling, the interest on the portion of the cred- and of the injunction under subsection (a)(2), shall it extension that is greater than the fair market (iv) by striking ‘‘Notwithstanding the fore- be entitled to recover— value of the dwelling is not tax deductible for going,’’ and inserting the following: ‘‘(1) the greater of— ‘‘(A)(i) the amount of actual damages; multi- Federal income tax purposes.’’. ‘‘(2) NOTIFICATION.—Notwithstanding para- plied by (2) CREDIT ADVERTISEMENTS.—Section 147(b) graph (1),’’; and ‘‘(ii) 3; or of the Truth in Lending Act (15 U.S.C. (C) by inserting before subsection (d), as so ‘‘(B) $5,000; and 1665b(b)) is amended— designated by this section, the following new ‘‘(2) costs and attorneys’ fees.’’. (A) by striking ‘‘If any’’ and inserting the fol- subsections: SEC. 204. AUTOMATIC STAY. lowing: ‘‘(b) CARDS NOT NECESSITATING UNIQUE IDEN- Section 362(h) of title 11, United States Code, ‘‘(1) IN GENERAL.—If any’’; and TIFIER.—A consumer shall be liable for an unau- is amended to read as follows: (B) by adding at the end the following: thorized electronic fund transfer only if— ‘‘(h)(1) An individual who is injured by any ‘‘(2) CREDIT IN EXCESS OF FAIR MARKET ‘‘(1) the liability is not in excess of $50; willful violation of a stay provided in this sec- VALUE.—Each advertisement described in sub- ‘‘(2) the unauthorized electronic fund transfer tion shall be entitled to recover— section (a) that relates to an extension of credit is initiated by the use of a card that has been ‘‘(A) actual damages; and that may exceed the fair market value of the properly issued to a consumer other than the ‘‘(B) reasonable costs, including attorneys’ dwelling shall include a clear and conspicuous person making the unauthorized transfer as a fees. statement that— means of access to the account of that consumer ‘‘(2) In addition to recovering actual damages, ‘‘(A) the interest on the portion of the credit for the purpose of initiating an electronic fund costs, and attorneys’ fees under paragraph (1), extension that is greater than the fair market transfer; an individual described in paragraph (1) may value of the dwelling is not tax deductible for ‘‘(3) the unauthorized electronic fund transfer recover punitive damages in appropriate cir- Federal income tax purposes; and occurs before the card issuer has been notified cumstances.’’. ‘‘(B) the consumer may want to consult a tax that an unauthorized use of the card has oc- SEC. 205. DISCHARGE. advisor for further information regarding the curred or may occur as the result of loss, theft, Section 727 of title 11, United States Code, is deductibility of interest and charges.’’. or otherwise; and amended— (b) NON-OPEN END CREDIT EXTENSIONS.— ‘‘(4) such unauthorized electronic fund trans- (1) in subsection (c), by adding at the end the (1) CREDIT APPLICATIONS.—Section 128 of the fer did not require the use of a code or other following: Truth in Lending Act (15 U.S.C. 1638) is amend- unique identifier (other than a signature), such ‘‘(3)(A) A creditor may not request a deter- ed— as a photograph, fingerprint, or retina scan. mination of dischargeability of a consumer debt (A) in subsection (a), by adding at the end the ‘‘(c) NOTICE OF LIABILITY AND RESPONSIBILITY under subsection (a) if— following: TO REPORT LOSS OF CARD, CODE, OR OTHER

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MEANS OF ACCESS.—No consumer shall be liable ance with section 127(b)(11) of the Truth in ‘‘(7) in a case concerning an individual, if the under this title for any unauthorized electronic Lending Act, as added by this paragraph. consideration for such agreement is based in fund transfer unless the consumer has received (C) CIVIL LIABILITY.—Section 130(a) of the whole or in part on an unsecured consumer in a timely manner the notice required under Truth in Lending Act (15 U.S.C. 1640(a)) is debt, or is based in whole or in part upon a debt section 905(a)(1), and any subsequent notice re- amended, in the undesignated paragraph fol- for an item of personalty the value of which at quired under section 905(b) with regard to any lowing paragraph (4), by striking the second point of purchase was $250 or less, and in which change in the information which is the subject sentence and inserting the following: ‘‘In con- the creditor asserts a purchase money security of the notice required under section 905(a)(1).’’. nection with the disclosures referred to in sub- interest, the court, approves such agreement (2) CONFORMING AMENDMENT.—Section sections (a) and (b) of section 1637 of this title, as— 905(a)(1) of the Electronic Fund Transfer Act (15 a creditor shall have a liability determined ‘‘(A) in the best interest of the debtor in light U.S.C. 1693c(a)(1)) is amended to read as fol- under paragraph (2) only for failing to comply of the debtor’s income and expenses; lows: with the requirements of section 1635, 1637(a), or ‘‘(B) not imposing an undue hardship on the ‘‘(1) the liability of the consumer for any un- of paragraph (4), (5), (6), (7), (8), (9), (10), or debtor’s future ability of the debtor to pay for authorized electronic fund transfer and the re- (11) of section 1637(b) or for failing to comply the needs of children and other dependents (in- quirement for promptly reporting any loss, theft, with disclosure requirements under State law for cluding court ordered support); or unauthorized use of a card, code, or other any term or item that the Board has determined ‘‘(C) not requiring the debtor to pay the credi- means of access in order to limit the liability of to be substantially the same in meaning under tor’s attorney’s fees, expenses or other costs re- the consumer for any such unauthorized trans- section 1610(a)(2) as any of the terms or items lating to the collection of the debt; fer;’’. referred to in section 1637(a), paragraph (4), (5), ‘‘(D) not entered into to protect property that (b) VALIDATION REQUIREMENT FOR DUAL-USE (6), (7), (8), (9), (10), or (11) of section 1637(b) of is necessary for the care and maintenance of DEBIT CARDS.— this title.’’. children or other dependents that would have (1) IN GENERAL.—Section 911 of the Electronic (2) DISCLOSURES IN CONNECTION WITH SOLICI- nominal value on repossession; Fund Transfer Act (15 U.S.C. 1693i) is amend- TATIONS.— ‘‘(E) not entered into after coercive threats or ed— (A) IN GENERAL.—Section 127(c)(1)(B) of the actions by the creditor in the creditor’s course of (A) by redesignating subsection (c) as sub- Truth in Lending Act (15 U.S.C. 1637(c)(1)(B)) is dealings with the debtor. section (d); and amended by adding the following: ‘‘(F) not unfair because excessive in amount (B) by inserting after subsection (b) the fol- ‘‘(iv) CREDIT WORKSHEET.—An easily under- based upon the value of the collateral.’’. lowing new subsection: standable credit worksheet designed to aid con- (3) in subsection (d)(2) by striking ‘‘sub- ‘‘(c) VALIDATION REQUIREMENT.—No person sumers in determining their ability to assume sections (c)(6)’’ and inserting ‘‘subsections (c)(6) may issue a card described in subsection (a), the more debt, including consideration of the per- and (c)(7)’’, and after ‘‘of this section,’’ by use of which to initiate an electronic fund sonal expenses of the consumer and a simple striking ‘‘if the consideration for such agree- transfer does not require the use of a code or formula for the consumer to determine whether ment is based in whole or in part on a consumer other unique identifier other than a signature the assumption of additional debt is advisable. debt that is not secured by real property of the (such as a fingerprint or retina scan), unless— ‘‘(v) BASIS OF PREAPPROVAL.—In any case in debtor’’ and adding at the end: ‘‘as applicable’’. ‘‘(1) the requirements of paragraphs (1) which the application or solicitation states that SEC. 212. SENSE OF THE SENATE REGARDING THE through (4) of subsection (b) are met; and the consumer has been preapproved for an ac- HOMESTEAD EXEMPTION. ‘‘(2) the issuer has provided to the consumer a count under an open end consumer credit plan, (a) FINDINGS.—The Senate finds that— clear and conspicuous disclosure that use of the the following statement must appear in a clear (1) one of the most flagrant abuses of the card may not require the use of such code or and conspicuous manner: ‘Your preapproval for bankruptcy system involves misuse of the home- other unique identifier.’’. this credit card does not mean that we have re- stead exemption, which allows a debtor to ex- (2) TECHNICAL AND CONFORMING AMEND- viewed your individual financial circumstances. empt his or her home, up to a certain value, as MENT.—Section 911(d) of the Electronic Fund You should review your own budget before ac- established by State law, from being sold off to Transfer Act (15 U.S.C. 1993i(d)) (as redesig- cepting this offer of credit.’. satisfy debts; nated by subsection (a)(1) of this section) is ‘‘(vi) AVAILABILITY OF CREDIT REPORT.—That (2) while the vast majority of States respon- amended by striking ‘‘For the purpose of sub- the consumer is entitled to a copy of his or her sibly cap the exemption at not more than section (b)’’ and inserting ‘‘For purposes of sub- credit report in accordance with the Fair Credit $40,000, 5 States exempt homes regardless of sections (b) and (c)’’. Reporting Act.’’. their value; (3) in the few States with unlimited homestead SEC. 209. ENHANCED DISCLOSURES UNDER AN (B) PUBLICATION OF MODEL FORMS.—Not later OPEN END CREDIT PLAN. than 180 days after the date of enactment of this exemptions, debtors can shield their assets in (a) AMENDMENTS TO THE TRUTH IN LENDING Act, the Board of Governors of the Federal Re- luxury homes while legitimate creditors get little ACT.— serve System shall publish model disclosure or nothing; (1) ENHANCED DISCLOSURE OF REPAYMENT forms in accordance with section 195 of the (4) beneficiaries of the homestead exemption TERMS.— Truth in Lending Act for the purpose of compli- include convicted insider traders and savings (A) IN GENERAL.—Section 127(b) of the Truth ance with section 127(c)(1)(B) of the Truth in and loan criminals, while shortchanged credi- in Lending Act (15 U.S.C. 1637(b)) is amended by Lending Act, as amended by this paragraph. tors include children, spouses, governments, and adding at the end the following: banks; and (b) EFFECTIVE DATE.—The provisions of this (5) the homestead exemption should be capped ‘‘(11)(A) In a clear and conspicuous manner, section shall become effective on January 1, at $100,000 to prevent such high-profile abuses. repayment information that would apply to the 2001. outstanding balance of the consumer under the (b) SENSE OF THE SENATE.—It is the sense of credit plan, including— SEC. 210. VIOLATIONS OF THE AUTOMATIC STAY. the Senate that— ‘‘(i) the required minimum monthly payment (a) Section 362(a) is amended by adding after (1) meaningful bankruptcy reform cannot be on that balance, represented as both a dollar paragraph (8) the following: achieved without capping the homestead exemp- figure and a percentage of that balance; ‘‘(9) any communication threatening a debtor, tion; and ‘‘(ii) the number of months (rounded to the at any time after the commencement and before (2) bankruptcy reform legislation should in- nearest month) that it would take to pay the en- the granting of a discharge in a case under this clude a cap of $100,000 on the homestead exemp- tire amount of that current balance if the con- title, an intention to file a motion to determine tion to the bankruptcy laws. sumer pays only the required minimum monthly the dischargeability of a debt, or to file a motion SEC. 213. ENCOURAGING CREDITWORTHINESS. payments and if no further advances are made; under section 707(b) of title 11, United States (a) SENSE OF THE CONGRESS.—It is the sense of ‘‘(iii) the total cost to the consumer, including Code, to dismiss or convert a case, or to repos- the Congress that— interest and principal payments, of paying that sess collateral from the debtor to which the stay (1) certain lenders may sometimes offer credit balance in full if the consumer pays only the re- applies.’’. to consumers indiscriminately, without taking quired minimum monthly payments and if no SEC. 211. DISCOURAGING ABUSIVE REAFFIRMA- steps to ensure that consumers are capable of re- further advances are made; and TION PRACTICES. paying the resulting debt, and in a manner ‘‘(iv) the following statement: ‘If your current Section 524 of title 11, United States Code, is which may encourage certain consumers to ac- rate is a temporary introductory rate, your total amended— cumulate additional debt; and costs may be higher.’. (1) in subsection (c)(2)(B) by adding at the (2) resulting consumer debt may increasingly ‘‘(B) In making the disclosures under sub- end the following: be a major contributing factor to consumer in- paragraph (A) the creditor shall apply the an- ‘‘(C) such agreement contains a clear and con- solvency. nual interest rate that applies to that balance spicuous statement which advises the debtor (b) STUDY REQUIRED.—The Board of Gov- with respect to the current billing cycle for that what portion of the debt to be reaffirmed is at- ernors of the Federal Reserve System (hereafter consumer in effect on the date on which the dis- tributable to principal, interest, late fees, credi- in this section referred to as the ‘‘Board’’) shall closure is made.’’. tor’s attorneys fees, expenses or other costs re- conduct a study of— (B) PUBLICATION OF MODEL FORMS.—Not later lating to the collection of the debt.’’. (1) consumer credit industry practices of solic- than 180 days after the date of enactment of this (2)(A) in subsection (c)(6)(B), by inserting iting and extending credit— Act, the Board of Governors of the Federal Re- after ‘‘real property’’ the following: ‘‘or is a (A) indiscriminately; serve System shall publish model disclosure debt described in subsection (c)(7)’’; and (B) without taking steps to ensure that con- forms in accordance with section 195 of the (B) by adding at the end of subsection (c) the sumers are capable of repaying the resulting Truth in Lending Act for the purpose of compli- following: debt; and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10771 (C) in a manner that encourages consumers to ‘‘(1) A brief description of chapters 7, 11, 12, ‘‘(d)(1) A statement referred to in subsection accumulate additional debt; and and 13 and the general purpose, benefits, and (c)(4) shall disclose— (2) the effects of such practices on consumer costs of proceeding under each of those chap- ‘‘(A) the amount and sources of income of the debt and insolvency. ters. debtor; (c) REPORT AND REGULATIONS.—Not later than ‘‘(2) A brief description of services that may be ‘‘(B) the identity of any persons responsible 24 months after the date of enactment of this available to that individual from a credit coun- with the debtor for the support of any depend- Act, the Board— seling service that is approved by the United ents of the debtor; and (1) shall make public a report on its findings States trustee or the bankruptcy administrator ‘‘(C) the identity of any persons who contrib- with respect to the credit industry’s indiscrimi- for that district.’’. uted, and the amount contributed, to the house- nate solicitation and extension of credit; (b) DEBTOR’S DUTIES.—Section 521 of title 11, hold in which the debtor resides. (2) may issue regulations that would require United States Code, is amended— ‘‘(2) The tax returns, amendments, and state- additional disclosures to consumers; and (1) by inserting ‘‘(a)’’ before ‘‘The debtor ment of income and expenditures described in (3) may take any other actions, consistent shall—’’; paragraph (1) shall be available to the United with its existing statutory authority, that the (2) by striking paragraph (1) and inserting the States trustee, any bankruptcy administrator, Board finds necessary to ensure responsible in- following: any trustee, and any party in interest for in- ‘‘(1) file— dustrywide practices and to prevent resulting spection and copying, subject to the require- consumer debt and insolvency. ‘‘(A) a list of creditors; and ‘‘(B) unless the court orders otherwise— ments of subsection (e). SEC. 214. TREASURY DEPARTMENT STUDY RE- ‘‘(i) a schedule of assets and liabilities; ‘‘(e)(1) Not later than 30 days after the date of GARDING SECURITY INTERESTS ‘‘(ii) a schedule of current income and current enactment of the Consumer Bankruptcy Reform UNDER AN OPEN END CREDIT PLAN. expenditures; Act of 1998, the Director of the Administrative (a) STUDY.—Within 180 days of the enactment ‘‘(iii) a statement of the debtor’s financial af- Office of the United States Courts shall estab- of this Act, the Federal Reserve Board in con- fairs and, if applicable, a certificate— lish procedures for safeguarding the confiden- sultation with the Treasury Department, the ‘‘(I) of an attorney whose name is on the peti- tiality of any tax information required to be pro- general credit industry, and consumer groups, tion as the attorney for the debtor or any bank- vided under this section. shall prepare a study regarding the adequacy of ruptcy petition preparer signing the petition ‘‘(2) The procedures under paragraph (1) shall information received by consumers regarding the pursuant to section 110(b)(1) indicating that include restrictions on creditor access to tax in- creation of security interests under open end such attorney or bankruptcy petition preparer formation that is required to be provided under credit plans. delivered to the debtor any notice required by this section. (b) FINDINGS.—This study shall include the section 342(b); or ‘‘(3) Not later than 1 year after the date of en- Board’s findings regarding— ‘‘(II) if no attorney for the debtor is indicated actment of the Consumer Bankruptcy Reform (1) whether consumers understand at the time and no bankruptcy petition preparer signed the Act of 1998, the Director of the Administrative of purchase of property under an open end cred- petition, of the debtor that such notice was ob- Office of the United States Courts shall prepare, it plan that such property may serve as collat- tained and read by the debtor; and submit to Congress a report that— eral under that credit plan; ‘‘(iv) copies of any Federal tax returns, in- ‘‘(A) assesses the effectiveness of the proce- (2) whether consumers understand at the time cluding any schedules or attachments, filed by dures under paragraph (1); and of purchase the legal consequences of disposing the debtor for the 3-year period preceding the ‘‘(B) if appropriate, includes proposed legisla- of property that is purchased under an open order for relief; tion— end credit plan and is subject to a security in- ‘‘(v) copies of all payment advices or other ‘‘(i) to further protect the confidentiality of terest under that plan; and evidence of payment, if any, received by the tax information; and (3) whether creditors holding security interests debtor from any employer of the debtor in the ‘‘(ii) to provide penalties for the improper use in property purchased under an open end credit period 60 days prior to the filing of the petition; by any person of the tax information required to plan use such security interests to coerce re- ‘‘(vi) a statement of the amount of projected be provided under this section. affirmations of existing debts under section 524 monthly net income, itemized to show how cal- ‘‘(f) If requested by the United States trustee of the United States Bankruptcy Code. culated; and or a trustee serving in the case, the debtor pro- In formulating these findings, the Board shall ‘‘(vii) a statement disclosing any reasonably vide a document that establishes the identity of consider, among other factors it deems relevant, anticipated increase in income or expenditures the debtor, including a driver’s license, pass- prevailing industry practices in this area. over the 12-month period following the date of port, or other document that contains a photo- (c) DISCLOSURE RECOMMENDATIONS.—This filing;’’; and graph of the debtor and such other personal study shall also include the Board’s rec- (3) by adding at the end the following: identifying information relating to the debtor ommendations regarding the utility and practi- ‘‘(b)(1) At any time, a creditor, in the case of that establishes the identity of the debtor.’’. cality of additional disclosures by credit card an individual under chapter 7 or 13, may file (c) TITLE 28.—Section 586(a) of title 28, United issuers at the time of purchase regarding secu- with the court notice that the creditor requests States Code, is amended— rity interests under open end credit plans, in- the petition, schedules, and a statement of af- (1) in paragraph (5), by striking ‘‘and’’ at the cluding, but not limited to— fairs filed by the debtor in the case and the end; (1) disclosures of the specific property in court shall make those documents available to (2) in paragraph (6), by striking the period at which the creditor will receive a security inter- the creditor who requests those documents. the end and inserting ‘‘; and’’; and est; ‘‘(2) At any time, a creditor, in a case under (3) by adding at the end the following: (2) disclosures of the consequences of non- chapter 13, may file with the court notice that ‘‘(7) on or before January 1 of each calendar payment of the card balance, including how the the creditor requests the plan filed by the debtor year, and also not later than 30 days after any security interest may be enforced; and in the case and the court shall make that plan change in the nonprofit debt counseling services (3) disclosures of the process by which pay- available to the creditor who requests that plan. registered with the bankruptcy court, prescribe ments made on the card will be credited with re- ‘‘(c) An individual debtor in a case under and make available on request the notice de- spect to the lien created by the security contract chapter 7 or 13 shall file with the court— scribed in section 342(b)(3) of title 11 for each and other debts on the card. ‘‘(1) at the time filed with the taxing author- district included in the region.’’. (d) SUBMISSION OF REPORT.—The Board shall ity, all tax returns, including any schedules or attachments, with respect to the period from the SEC. 302. FAIR TREATMENT OF SECURED CREDI- submit this report to the Senate Committee on TORS UNDER CHAPTER 13. commencement of the case until such time as the the Judiciary, the Senate Committee on Bank- (a) RESTORING THE FOUNDATION FOR SECURED case is closed; ing, Housing, and Urban Affairs, the House CREDIT.—Section 1325(a) of title 11, United Committee on the Judiciary, and the House ‘‘(2) at the time filed with the taxing author- ity, all tax returns, including any schedules or States Code, is amended— Committee on Banking and Financial Services (1) in paragraph (5), by striking the matter attachments, that were not filed with the taxing within the time allotted by this section. preceding subparagraph (A) and inserting the authority when the schedules under subsection TITLE III—IMPROVED PROCEDURES FOR following: (a)(1) were filed with respect to the period that EFFICIENT ADMINISTRATION OF THE ‘‘(5) with respect to an allowed claim provided is 3 years before the order for relief; BANKRUPTCY SYSTEM ‘‘(3) any amendments to any of the tax re- for by the plan that is secured under applicable SEC. 301. NOTICE OF ALTERNATIVES. turns, including schedules or attachments, de- nonbankruptcy law by reason of a lien on prop- (a) IN GENERAL.—Section 342 of title 11, scribed in paragraph (1) or (2); and erty in which the estate has an interest or is United States Code, is amended by striking sub- ‘‘(4) in a case under chapter 13, a statement subject to a setoff under section 553—’’; and section (b) and inserting the following: subject to the penalties of perjury by the debtor (2) by adding at the end of the subsection the ‘‘(b) Before the commencement of a case under of the debtor’s income and expenditures in the following flush sentence: this title by an individual whose debts are pri- preceding tax year and monthly income, that ‘‘For purposes of paragraph (5), section 506 marily consumer debts, that individual shall be shows how the amounts are calculated— shall not apply to a claim described in that given or obtain (as required in section 521(a)(1), ‘‘(A) beginning on the date that is the later of paragraph.’’. as part of the certification process under sub- 90 days after the close of the debtor’s tax year (b) PAYMENT OF HOLDERS OF CLAIMS SECURED chapter 1 of chapter 5) a written notice pre- or 1 year after the order for relief, unless a plan BY LIENS.—Section 1325(a)(5)(B)(i) of title 11, scribed by the United States trustee for the dis- has been confirmed; and United States Code, is amended to read as fol- trict in which the petition is filed pursuant to ‘‘(B) thereafter, on or before the date that is lows: section 586 of title 28. The notice shall contain 45 days before each anniversary of the con- ‘‘(B)(i) the plan provides that the holder of the following: firmation of the plan until the case is closed. such claim retain the lien securing such claim

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10772 CONGRESSIONAL RECORD — SENATE September 23, 1998 until the debt that is the subject of the claim is terminating, conditioning, or limiting the stay lessee will be surrendered or abandoned or no fully paid for, as provided under the plan; with respect to actions of that creditor. payments will be made under the plan on ac- and’’. ‘‘(5)(A) If a request is made for relief from the count of the debtor’s obligations under the (c) DETERMINATION OF SECURED STATUS.—Sec- stay under subsection (a) with respect to real or lease.’’. tion 506 of title 11, United States Code, is personal property of any kind, and the request SEC. 306. IMPROVED BANKRUPTCY STATISTICS. amended by adding at the end the following: is granted in whole or in part, the court may, in (a) AMENDMENT.—Chapter 6 of part I of title ‘‘(e) Subsection (a) shall not apply to an al- addition to making any other order under this 28, United States Code, is amended by adding at lowed claim to the extent attributable in whole subsection, order that the relief so granted shall the end the following: or in part to the purchase price of personal be in rem either— ‘‘§ 159. Bankruptcy statistics property acquired by the debtor during the 90- ‘‘(i) for a definite period of not less than 1 ‘‘(a) The clerk of each district shall compile day period preceding the date of filing of the pe- year; or statistics regarding individual debtors with pri- tition.’’. ‘‘(ii) indefinitely. marily consumer debts seeking relief under ‘‘(B)(i) After an order is issued under sub- SEC. 303. DISCOURAGEMENT OF BAD FAITH RE- chapters 7, 11, and 13 of title 11. Those statistics paragraph (A), the stay under subsection (a) PEAT FILINGS. shall be in a form prescribed by the Director of shall not apply to any property subject to such Section 362(c) of title 11, United States Code, the Administrative Office of the United States an in rem order in any case of the debtor. is amended— Courts (referred to in this section as the ‘Of- ‘‘(ii) If an in rem order issued under subpara- (1) by inserting ‘‘(1)’’ before ‘‘Except as’’; fice’). (2) by striking ‘‘(1) the stay’’ and inserting graph (A) so provides, the stay shall, in addi- ‘‘(b) The Director shall— ‘‘(A) the stay’’; tion to being inapplicable to the debtor involved, ‘‘(1) compile the statistics referred to in sub- (3) by striking ‘‘(2) the stay’’ and inserting not apply with respect to an entity under this section (a); ‘‘(B) the stay’’; title if— ‘‘(2) make the statistics available to the pub- (4) by striking ‘‘(A) the time’’ and inserting ‘‘(I) the entity had reason to know of the lic; and ‘‘(i) the time’’; order at the time that the entity obtained an in- ‘‘(3) not later than October 31, 1998, and an- (5) by striking ‘‘(B) the time’’ and inserting terest in the property affected; or nually thereafter, prepare, and submit to Con- ‘‘(ii) the time’’; and ‘‘(II) the entity was notified of the commence- gress a report concerning the information col- (6) by adding at the end the following: ment of the proceeding for relief from the stay, lected under subsection (a) that contains an ‘‘(2) Except as provided in subsections (d) and at the time of the notification, no case in analysis of the information. through (f), the stay under subsection (a) with which the entity was a debtor was pending. ‘‘(c) The compilation required under sub- respect to any action taken with respect to a ‘‘(6) For purposes of this section, a case is section (b) shall— debt or property securing such debt or with re- pending during the period beginning with the ‘‘(1) be itemized, by chapter, with respect to spect to any lease shall terminate with respect issuance of the order for relief and ending at title 11; to the debtor on the 30th day after the filing of such time as the case involved is closed.’’. ‘‘(2) be presented in the aggregate and for the later case if— SEC. 304. TIMELY FILING AND CONFIRMATION OF each district; and ‘‘(A) a single or joint case is filed by or PLANS UNDER CHAPTER 13. ‘‘(3) include information concerning— ‘‘(A) the total assets and total liabilities of the against an individual debtor under chapter 7, (a) FILING OF PLAN.—Section 1321 of title 11, 11, or 13; and United States Code, is amended to read as fol- debtors described in subsection (a), and in each ‘‘(B) a single or joint case of that debtor lows: category of assets and liabilities, as reported in (other than a case refiled under a chapter other the schedules prescribed pursuant to section than chapter 7 after dismissal under section ‘‘§ 1321. Filing of plan 2075 of this title and filed by those debtors; 707(b)) was pending during the preceding year ‘‘The debtor shall file a plan not later than 90 ‘‘(B) the current total monthly income, pro- but was dismissed. days after the order for relief under this chap- jected monthly net income, and average income ‘‘(3) If a party in interest so requests, the ter, except that the court may extend such pe- and average expenses of those debtors as re- court may extend the stay in a particular case riod if the need for an extension is attributable ported on the schedules and statements that with respect to 1 or more creditors (subject to to circumstances for which the debtor should each such debtor files under sections 111, 521, such conditions or limitations as the court may not justly be held accountable.’’. and 1322 of title 11; impose) after providing notice and a hearing (b) CONFIRMATION OF HEARING.—Section 1324 ‘‘(C) the aggregate amount of debt discharged completed before the expiration of the 30-day pe- of title 11, United States Code, is amended by in the reporting period, determined as the dif- riod described in paragraph (2) only if the party adding at the end the following: ‘‘That hearing ference between the total amount of debt and in interest demonstrates that the filing of the shall be held not later than 45 days after the fil- obligations of a debtor reported on the schedules later case is in good faith with respect to the ing of the plan, unless the court, after providing and the amount of such debt reported in cat- creditors to be stayed. notice and a hearing, orders otherwise.’’. egories which are predominantly nondischarge- ‘‘(4) A case shall be presumed to have not been SEC. 305. APPLICATION OF THE CODEBTOR STAY able; filed in good faith (except that such presump- ONLY WHEN THE STAY PROTECTS ‘‘(D) the average period of time between the tion may be rebutted by clear and convincing THE DEBTOR. filing of the petition and the closing of the case; evidence to the contrary)— Section 1301(b) of title 11, United States Code, ‘‘(E) for the reporting period— ‘‘(i) the number of cases in which a reaffirma- ‘‘(A) with respect to the creditors involved, is amended— tion was filed; and if— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ‘‘(ii)(I) the total number of reaffirmations ‘‘(i) more than 1 previous case under any of (2) by adding at the end the following: ‘‘(2)(A) Notwithstanding subsection (c) and filed; chapters 7, 11, or 13 in which the individual was ‘‘(II) of those cases in which a reaffirmation except as provided in subparagraph (B), in any a debtor was pending during the 1-year period was filed, the number in which the debtor was case in which the debtor did not receive the con- described in paragraph (1); not represented by an attorney; and sideration for the claim held by a creditor, the ‘‘(ii) a previous case under any of chapters 7, ‘‘(III) of those cases, the number of cases in stay provided by subsection (a) shall apply to 11, or 13 in which the individual was a debtor which the reaffirmation was approved by the that creditor for a period not to exceed 30 days was dismissed within the period specified in court; paragraph (2) after— beginning on the date of the order for relief, to ‘‘(F) with respect to cases filed under chapter ‘‘(I) the debtor, after having received from the the extent the creditor proceeds against— 13 of title 11, for the reporting period— court a request to do so, failed to file or amend ‘‘(i) the individual that received that consider- ‘‘(i)(I) the number of cases in which a final the petition or other documents as required by ation; or order was entered determining the value of this title; or ‘‘(ii) property not in the possession of the property securing a claim in an amount less ‘‘(II) the debtor, without substantial excuse, debtor that secures that claim. than the amount of the claim; and failed to perform the terms of a plan that was ‘‘(B) Notwithstanding subparagraph (A), the ‘‘(II) the number of final orders determining confirmed by the court; or stay provided by subsection (a) shall apply in the value of property securing a claim issued; ‘‘(iii)(I) during the period commencing with any case in which the debtor is primarily obli- ‘‘(ii) the number of cases dismissed for failure the dismissal of the next most previous case gated to pay the creditor in whole or in part to make payments under the plan; and under chapter 7, 11, or 13 there has not been a with respect to a claim described in subpara- ‘‘(iii) the number of cases in which the debtor substantial change in the financial or personal graph (A) under a legally binding separation or filed another case within the 6 years previous to affairs of the debtor; property settlement agreement or divorce or dis- the filing; and ‘‘(II) if the case is a chapter 7 case, there is no solution decree with respect to— ‘‘(G) the extent of creditor misconduct and other reason to conclude that the later case will ‘‘(i) an individual described in subparagraph any amount of punitive damages awarded by be concluded with a discharge; or (A)(i); or the court for creditor misconduct.’’. ‘‘(III) if the case is a chapter 11 or 13 case, ‘‘(ii) property described in subparagraph (b) CLERICAL AMENDMENT.—The table of sec- there is not a confirmed plan that will be fully (A)(ii). tions at the beginning of chapter 6 of title 28, performed; and ‘‘(3) Notwithstanding subsection (c), the stay United States Code, is amended by adding at the ‘‘(B) with respect to any creditor that com- provided by subsection (a) shall terminate as of end the following: menced an action under subsection (d) in a pre- the date of confirmation of the plan, in any case ‘‘159. Bankruptcy statistics.’’. vious case in which the individual was a debtor, in which the plan of the debtor provides that (c) EFFECTIVE DATE.—The amendments made if, as of the date of dismissal of that case, that the debtor’s interest in personal property subject by this section shall take effect 18 months after action was still pending or had been resolved by to a lease with respect to which the debtor is the the date of enactment of this Act.

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SEC. 307. AUDIT PROCEDURES. (d) EFFECTIVE DATE.—The amendments made shall not be brought to the attention of the cred- (a) AMENDMENTS.—Section 586 of title 28, by this section shall take effect 18 months after itor until that notice is received by that person United States Code, is amended— the date of enactment of this Act. or department.’’. (1) in subsection (a), as amended by section SEC. 308. CREDITOR REPRESENTATION AT FIRST SEC. 310. STOPPING ABUSIVE CONVERSIONS 301 of this Act, by striking paragraph (6) and MEETING OF CREDITORS. FROM CHAPTER 13. inserting the following: Section 341(c) of title 11, United States Code, Section 348(f)(1) of title 11, United States ‘‘(6) make such reports as the Attorney Gen- is amended by inserting after the first sentence Code, is amended— eral directs, including the results of audits per- the following: ‘‘Notwithstanding any local court (1) in subparagraph (A), by striking ‘‘and’’ at formed under subsection (f); and’’; and rule, provision of a State constitution, any other the end; (2) by adding at the end the following: Federal or State law that is not a bankruptcy (2) in subparagraph (B)— ‘‘(f)(1)(A) The Attorney General shall estab- law, or other requirement that representation at (A) by striking ‘‘in the converted case, with lish procedures to determine the accuracy and the meeting of creditors under subsection (a) be allowed secured claims’’ and inserting ‘‘only in completeness of petitions, schedules, and other by an attorney, a creditor holding a consumer a case converted to chapter 11 or 12 but not in information which the debtor is required to pro- debt or any representative of the creditor (which a case converted to chapter 7, with allowed se- vide under sections 521 and 1322 of title 11, and, may include an entity or an employee of an en- cured claims in cases under chapters 11 and 12’’; if applicable, section 111 of title 11, in individual tity and may be a representative for more than and cases filed under chapter 7 or 13 of such title. ‘‘(B) Those procedures shall— one creditor) shall be permitted to appear at and (B) by striking the period and inserting ‘‘; ‘‘(i) establish a method of selecting appro- participate in the meeting of creditors in a case and’’; and priate qualified persons to contract to perform under chapter 7 or 13, either alone or in con- (3) by adding at the end the following: those audits; junction with an attorney for the creditor. ‘‘(C) with respect to cases converted from ‘‘(ii) establish a method of randomly selecting Nothing in this subsection shall be construed to chapter 13, the claim of any creditor holding se- cases to be audited, except that not less than 1 require any creditor to be represented by an at- curity as of the date of the petition shall con- out of every 500 cases in each Federal judicial torney at any meeting of creditors.’’. tinue to be secured by that security unless the district shall be selected for audit; SEC. 309. FAIR NOTICE FOR CREDITORS IN CHAP- full amount of that claim determined under ap- ‘‘(iii) require audits for schedules of income TER 7 AND 13 CASES. plicable nonbankruptcy law has been paid in and expenses which reflect greater than average Section 342 of title 11, United States Code, is full as of the date of conversion, notwith- variances from the statistical norm of the dis- amended— standing any valuation or determination of the trict in which the schedules were filed; and (1) in subsection (c), by striking ‘‘, but the amount of an allowed secured claim made for ‘‘(iv) establish procedures for providing, not failure of such notice to contain such informa- the purposes of the chapter 13 proceeding.’’. less frequently than annually, public informa- tion shall not invalidate the legal effect of such SEC. 311. PROMPT RELIEF FROM STAY IN INDI- tion concerning the aggregate results of such notice’’; and VIDUAL CASES. audits including the percentage of cases, by dis- (2) by adding at the end the following: Section 362(e) of title 11, United States Code, trict, in which a material misstatement of in- ‘‘(d)(1) If the credit agreement between the is amended— come or expenditures is reported. debtor and the creditor or the last communica- (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and ‘‘(2) The United States trustee for each district tion before the filing of the petition in a vol- (2) by adding at the end the following: is authorized to contract with auditors to per- untary case from the creditor to a debtor who is ‘‘(2) Notwithstanding paragraph (1), in the form audits in cases designated by the United an individual states an account number of the case of an individual filing under chapter 7, 11, States trustee according to the procedures estab- debtor that is the current account number of the or 13, the stay under subsection (a) shall termi- lished under paragraph (1). debtor with respect to any debt held by the cred- nate on the date that is 60 days after a request ‘‘(3)(A) The report of each audit conducted itor against the debtor, the debtor shall include is made by a party in interest under subsection under this subsection shall be filed with the that account number in any notice to the cred- (d), unless— court and transmitted to the United States trust- itor required to be given under this title. ‘‘(A) a final decision is rendered by the court ee. Each report shall clearly and conspicuously ‘‘(2) If the creditor has specified to the debtor, during the 60-day period beginning on the date specify any material misstatement of income or in the last communication before the filing of of the request; or expenditures or of assets identified by the per- the petition, an address at which the creditor ‘‘(B) that 60-day period is extended— son performing the audit. In any case where a wishes to receive correspondence regarding the ‘‘(i) by agreement of all parties in interest; or material misstatement of income or expenditures debtor’s account, any notice to the creditor re- ‘‘(ii) by the court for such specific period of or of assets has been reported, the clerk of the quired to be given by the debtor under this title time as the court finds is required for good bankruptcy court shall give notice of the shall be given at such address. cause.’’. misstatement to the creditors in the case. ‘‘(3) For purposes of this section, the term ‘no- SEC. 312. DISMISSAL FOR FAILURE TO TIMELY ‘‘(B) If a material misstatement of income or tice’ shall include— FILE SCHEDULES OR PROVIDE RE- expenditures or of assets is reported the United ‘‘(A) any correspondence from the debtor to QUIRED INFORMATION. States trustee shall— the creditor after the commencement of the case; Section 707 of title 11, United States Code, as ‘‘(i) report the material misstatement, if ap- ‘‘(B) any statement of the debtor’s intention amended by section 102 of this Act, is amended propriate, to the United States Attorney pursu- under section 521(a)(2); by adding at the end the following: ant to section 3057 of title 18, United States ‘‘(C) notice of the commencement of any pro- ‘‘(c)(1) Notwithstanding subsection (a), and Code; and ceeding in the case to which the creditor is a subject to paragraph (2), if an individual debtor ‘‘(ii) if advisable, take appropriate action, in- party; and in a voluntary case under chapter 7 or 13 fails cluding but not limited to commencing an adver- ‘‘(D) any notice of a hearing under section to file all of the information required under sec- sary proceeding to revoke the debtor’s discharge 1324. tion 521(a)(1) within 45 days after the filing of pursuant to section 727(d) of title 11, United ‘‘(e)(1) At any time, a creditor, in a case of an the petition commencing the case, the case shall States Code.’’. individual under chapter 7 or 13, may file with be automatically dismissed effective on the 46th (b) AMENDMENTS TO SECTION 521 OF TITLE 11, the court and serve on the debtor a notice of the day after the filing of the petition. U.S.C.—Section 521 of title 11, United States address to be used to notify the creditor in that ‘‘(2) With respect to a case described in para- Code, is amended in paragraphs (3) and (4) by case. graph (1), any party in interest may request the adding ‘‘or an auditor appointed pursuant to ‘‘(2) If the court or the debtor is required to court to enter an order dismissing the case. The section 586 of title 28, United States Code’’ after give the creditor notice, not later than 5 days court shall, if so requested, enter an order of ‘‘serving in the case’’. after receipt of the notice under paragraph (1), dismissal not later than 5 days after that re- (c) AMENDMENTS TO SECTION 727 OF TITLE 11, that notice shall be given at that address. quest. U.S.C.—Section 727(d) of title 11, United States ‘‘(f) An entity may file with the court a notice ‘‘(3) Upon request of the debtor made within Code, is amended— (1) by deleting ‘‘or’’ at the end of paragraph stating its address for notice in cases under 45 days after the filing of the petition com- (2); chapter 7 or 13. After the date that is 30 days mencing a case described in paragraph (1), the (2) by substituting ‘‘; or’’ for the period at the following the filing of that notice, any notice in court may allow the debtor an additional period end of paragraph (3); and any case filed under chapter 7 or 13 given by the of not to exceed 50 days to file the information (3) adding the following at the end of para- court shall be to that address unless specific no- required under section 521(a)(1) if the court graph (3)— tice is given under subsection (e) with respect to finds justification for extending the period for ‘‘(4) the debtor has failed to explain satisfac- a particular case. the filing.’’. torily— ‘‘(g)(1) Notice given to a creditor other than as SEC. 313. ADEQUATE TIME FOR PREPARATION ‘‘(A) a material misstatement in an audit per- provided in this section shall not be effective no- FOR A HEARING ON CONFIRMATION formed pursuant to section 586(f) of title 28, tice until that notice has been brought to the at- OF THE PLAN. United States Code; or tention of the creditor. Section 1324 of title 11, United States Code, as ‘‘(B) a failure to make available for inspection ‘‘(2) If the creditor has designated a person or amended by section 304 of this Act, is amended— all necessary accounts, papers, documents, fi- department to be responsible for receiving no- (1) by striking ‘‘After’’ and inserting the fol- nancial records, files and all other papers, tices concerning bankruptcy cases and has es- lowing: things, or property belonging to the debtor that tablished reasonable procedures so that bank- ‘‘(a) Except as provided in subsection (b) and are requested for an audit conducted pursuant ruptcy notices received by the creditor will be after’’; and to section 586(f) of title 28, United States Code.’’. delivered to that department or person, notice (2) by adding at the end the following:

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10774 CONGRESSIONAL RECORD — SENATE September 23, 1998 ‘‘(b) If not later than 5 days after receiving an amount greater than $3,000, or subject to an continued in addition to plan payments under a notice of a hearing on confirmation of the plan, unexpired lease with a remaining term of at confirmed plan until actual payments to the a creditor objects to the confirmation of the least 1 year (in any case in which the debtor creditor begin under that plan, if the confirmed plan, the hearing on confirmation of the plan owes at least $3,000 for a 1-year period), if with- plan provides— may be held no earlier than 20 days after the in 30 days after the expiration of the applicable ‘‘(1) for payments to a creditor or lessor de- first meeting of creditors under section 341(a).’’. period under section 521(a)(2)— scribed in subsection (a)(1); and SEC. 314. DISCHARGE UNDER CHAPTER 13. ‘‘(1)(A) the debtor fails to timely file a state- ‘‘(2) for the deferral of payments to such cred- Section 1328(a) of title 11, United States Code, ment of intention to surrender or retain the itor or lessor under the plan until the payment is amended by striking paragraphs (1) through property; or of amounts described in section 1326(b). ‘‘(d) Notwithstanding sections 362, 542, and (3) and inserting the following: ‘‘(B) if the debtor indicates in the filing that ‘‘(1) provided for under section 1322(b)(5); the debtor will retain the property, the debtor 543, a lessor or creditor described in subsection ‘‘(2) of the kind specified in paragraph (2), fails to meet an applicable requirement to— (a) may retain possession of property described (4), (5), (8), or (9) of section 523(a); ‘‘(i) either— in that subsection that was obtained in accord- ‘‘(3) for restitution, or a criminal fine, in- ‘‘(I) redeem the property pursuant to section ance with applicable law before the date of fil- cluded in a sentence on the debtor’s conviction 722; or ing of the petition until the first payment under of a crime; or ‘‘(II) reaffirm the debt the property secures subsection (a)(1)(A) is received by the lessor or ‘‘(4) for restitution, or damages, awarded in a pursuant to section 524(c); or creditor.’’. ‘‘(ii) assume the unexpired lease pursuant to (b) CLERICAL AMENDMENT.—The table of sec- civil action against the debtor as a result of section 365(d) if the trustee does not do so; or tions at the beginning of chapter 13 of title 11, willful or malicious injury by the debtor that ‘‘(2) the debtor fails to timely take the action United States Code, is amended by inserting caused personal injury to an individual or the specified in a statement of intention referred to after the item relating to section 1307 the fol- death of an individual.’’. in paragraph (1)(A) (as amended, if that state- lowing: SEC. 315. NONDISCHARGEABLE DEBTS. ment is amended before expiration of the period ‘‘1307A. Adequate protection in chapter 13 Section 523(a) of title 11, United States Code, for taking action), unless— cases.’’. is amended by inserting after paragraph (14) the ‘‘(A) the statement of intention specifies reaf- following: SEC. 320. LIMITATION. firmation; and Section 522 of title 11, United States Code, as ‘‘(14A) incurred to pay a debt that is non- ‘‘(B) the creditor refuses to reaffirm the debt dischargeable by reason of section 727, 1141, 1228 amended by section 207(a), is amended— on the original contract terms for the debt.’’. (1) in subsection (b)(3)(A), by inserting ‘‘sub- (a) or (b), or 1328(b), or any other provision of (b) DEBTOR’S DUTIES.—Section 521(a)(2) of ject to subsection (n),’’ before ‘‘any property’’; this subsection, where the debtor incurred the title 11, United States Code, as redesignated by and debt to pay such a nondischargeable debt with section 301(b) of this Act, is amended— (2) by adding at the end the following new the intent to discharge in bankruptcy the (1) in the matter preceding subparagraph (A), subsection: newly-created debt.’’. by striking ‘‘consumer’’; ‘‘(n)(1) Except as provided in paragraph (2), SEC. 316. CREDIT EXTENSIONS ON THE EVE OF (2) in subparagraph (B)— as a result of electing under subsection (b)(3)(A) BANKRUPTCY PRESUMED NON- (A) by striking ‘‘forty-five days after the filing to exempt property under State or local law, a DISCHARGEABLE. of a notice of intent under this section’’ and in- debtor may not exempt any amount of interest Section 523(a)(2) of title 11, United States serting ‘‘30 days after the first meeting of credi- that exceeds in the aggregate $100,000 in value Code, as amended by section 202 of this Act, is tors under section 341(a)’’; and in— amended— (B) by striking ‘‘forty-five-day period’’ and ‘‘(A) real or personal property that the debtor (1) in subparagraph (A), by striking the semi- inserting ‘‘30-day period’’; and or a dependent of the debtor uses as a residence; colon at the end and inserting the following: (3) in subparagraph (C), by inserting ‘‘, except ‘‘(B) a cooperative that owns property that ‘‘(and, for purposes of this subparagraph, con- as provided in section 362(h)’’ before the semi- the debtor or a dependent of the debtor uses as sumer debts owed in an aggregate amount great- colon. a residence; or er than or equal to $400 incurred for goods or SEC. 319. ADEQUATE PROTECTION OF LESSORS ‘‘(C) a burial plot for the debtor or a depend- services not reasonably necessary for the main- AND PURCHASE MONEY SECURED ent of the debtor. tenance or support of the debtor or a dependent CREDITORS. ‘‘(2) The limitation under paragraph (1) shall child of the debtor to a single creditor that are (a) IN GENERAL.—Chapter 13 of title 11, not apply to an exemption claimed under sub- incurred during the 90-day period preceding the United States Code, is amended by adding after section (b)(2)(A) by a family farmer for the prin- date of the order for relief shall be presumed to section 1307 the following: cipal residence of that farmer.’’. be nondischargeable under this subparagraph); ‘‘§ 1307A. Adequate protection in chapter 13 SEC. 321. MISCELLANEOUS IMPROVEMENTS. or’’; cases (a) WHO MAY BEADEBTOR.—Section 109 of (2) in subparagraph (B), by striking ‘‘or’’ at ‘‘(a)(1)(A) On or before the date that is 30 title 11, United States Code, is amended by add- the end; and days after the filing of a case under this chap- ing at the end the following: (3) by striking subparagraph (C). ter, the debtor shall make cash payments in an ‘‘(h)(1) Subject to paragraphs (2) and (3) and SEC. 317. DEFINITION OF HOUSEHOLD GOODS amount determined under paragraph (2)(A), notwithstanding any other provision of this sec- AND ANTIQUES. to— tion, an individual may not be a debtor under Not later than 180 days after the date of en- ‘‘(i) any lessor of personal property; and this title unless that individual has, during the actment of this Act, the Federal Trade Commis- ‘‘(ii) any creditor holding a claim secured by 90-day period preceding the date of filing of the sion shall promulgate regulations defining personal property to the extent that the claim is petition of that individual, received credit coun- ‘‘household goods’’ under section 522(c)(3) in a attributable to the purchase of that property by seling, including, at a minimum, participation manner suitable and appropriate for cases the debtor. in an individual or group briefing that outlined under title 11 of the United States Code. If new ‘‘(B) The debtor or the plan shall continue the opportunities for available credit counseling regulations are not effective within 180 days of making the adequate protection payments until and assisted that individual in performing an enactment of this Act, then ‘‘household goods’’ the earlier of the date on which— initial budget analysis, through a credit coun- under section 522(c)(3) shall have the meaning ‘‘(i) the creditor begins to receive actual pay- seling program (offered through an approved given that term in section 444.1(i) of title 16, of ments under the plan; or credit counseling service described in section the Code of Federal Regulations, except that the ‘‘(ii) the debtor relinquishes possession of the 111(a)) that has been approved by— term shall also include any tangible personal property referred to in subparagraph (A) to— ‘‘(A) the United States trustee; or property reasonably necessary for the mainte- ‘‘(I) the lessor or creditor; or ‘‘(B) the bankruptcy administrator for the dis- nance or support of a dependent child. ‘‘(II) any third party acting under claim of trict in which the petition is filed.’’. SEC. 318. RELIEF FROM STAY WHEN THE DEBTOR right, as applicable. ‘‘(2)(A) Paragraph (1) shall not apply with re- DOES NOT COMPLETE INTENDED ‘‘(2) The payments referred to in paragraph spect to a debtor who resides in a district for SURRENDER OF CONSUMER DEBT (1)(A) shall be determined by the court. which the United States trustee or bankruptcy COLLATERAL. ‘‘(b)(1) Subject to the limitations under para- administrator of the bankruptcy court of that (a) AUTOMATIC STAY.—Section 362 of title 11, graph (2), the court may, after notice and hear- district determines that the approved credit United States Code, as amended by section 303, ing, change the amount and timing of the dates counseling services for that district are not rea- is amended— of payment of payments made under subsection sonably able to provide adequate services to the (1) in subsection (c)(1), in the matter pre- (a). additional individuals who would otherwise ceding subparagraph (A), by striking ‘‘(e) and ‘‘(2)(A) The payments referred to in para- seek credit counseling from those programs by (f)’’ and inserting ‘‘(e), (f), and (h)’’; graph (1) shall be payable not less frequently reason of the requirements of paragraph (1). (2) by redesignating subsection (h) as sub- than monthly. ‘‘(B) Each United States trustee or bank- section (i); and ‘‘(B) The amount of a payment referred to in ruptcy administrator that makes a determina- (3) by inserting after subsection (g) the fol- paragraph (1) shall not be less than the reason- tion described in subparagraph (A) shall review lowing: able depreciation of the personal property de- that determination not later than one year after ‘‘(h) In an individual case under chapter 7, scribed in subsection (a)(1), determined on a the date of that determination, and not less fre- 11, or 13 the stay provided by subsection (a) is month-to-month basis. quently than every year thereafter. terminated with respect to property of the estate ‘‘(c) Notwithstanding section 1326(b), the pay- ‘‘(3)(A) Subject to subparagraph (B), the re- securing in whole or in part a claim that is in ments referred to in subsection (a)(1)(A) shall be quirements of paragraph (1) shall not apply

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10775 with respect to a debtor who submits to the ‘‘(2) maintain a list of instructional courses under section 3(a) (1), (3), (7), (8), and (9) of the court a certification that— concerning personal financial management that Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 ‘‘(i) describes exigent circumstances that merit are operated by a private entity and that have note) are extended until the first vacancy occur- a waiver of the requirements of paragraph (1); been approved by the United States trustee or ring in the office of a bankruptcy judge in the ‘‘(ii) states that the debtor requested credit that bankruptcy administrator.’’. applicable district resulting from the death, re- counseling services from an approved credit (2) CLERICAL AMENDMENT.—The table of sec- tirement, resignation, or removal of a bank- counseling service, but was unable to obtain the tions at the beginning of chapter 1 of title 11, ruptcy judge and occurring— services referred to in paragraph (1) during the United States Code, is amended by adding at the (A) 8 years or more after November 8, 1993, 5-day period beginning on the date on which the end the following: with respect to the northern district of Alabama; (B) 10 years or more after October 28, 1993, debtor made that request; and ‘‘111. Credit counseling services; financial man- with respect to the district of Delaware; ‘‘(iii) is satisfactory to the court. agement instructional courses.’’. ‘‘(B) With respect to a debtor, an exemption (C) 8 years or more after August 29, 1994, with (g) DEFINITIONS.—Section 101 of title 11, under subparagraph (A) shall cease to apply to respect to the district of Puerto Rico; United States Code, as amended by section 317 (D) 8 years or more after June 27, 1994, with that debtor on the date on which the debtor of this Act, is amended— meets the requirements of paragraph (1), but in respect to the district of South Carolina; and (1) by inserting after paragraph (13) the fol- (E) 8 years or more after November 23, 1993, no case may the exemption apply to that debtor lowing: after the date that is 30 days after the debtor with respect to the eastern district of Tennessee. ‘‘(13A) ‘debtor’s principal residence’— (2) APPLICABILITY OF OTHER PROVISIONS.—All files a petition.’’. ‘‘(A) means a residential structure, including other provisions of section 3 of the Bankruptcy (b) CHAPTER 7 DISCHARGE.—Section 727(a) of incidental property, without regard to whether Judgeship Act of 1992 remain applicable to such title 11, United States Code, is amended— that structure is attached to real property; and temporary judgeship position. (1) in paragraph (9), by striking ‘‘or’’ at the ‘‘(B) includes an individual condominium or (d) TECHNICAL AMENDMENT.—The first sen- end; co-operative unit;’’; and tence of section 152(a)(1) of title 28, United (2) in paragraph (10), by striking the period (2) by inserting after paragraph (27A), as States Code, is amended to read as follows: and inserting ‘‘; or’’; and added by section 318 of this Act, the following: ‘‘Each bankruptcy judge to be appointed for a (3) by adding at the end the following: judicial district as provided in paragraph (2) ‘‘(11) after the filing of the petition, the debtor ‘‘(27B) ‘incidental property’ means, with re- shall be appointed by the United States court of failed to complete an instructional course con- spect to a debtor’s principal residence— appeals for the circuit in which such district is cerning personal financial management de- ‘‘(A) property commonly conveyed with a located.’’. scribed in section 111 that was administered or principal residence in the area where the real (e) TRAVEL EXPENSES OF BANKRUPTCY approved by— estate is located; ‘‘(B) all easements, rights, appurtenances, fix- JUDGES.—Section 156 of title 28, United States ‘‘(A) the United States trustee; or Code, is amended by adding at the end the fol- ‘‘(B) the bankruptcy administrator for the dis- tures, rents, royalties, mineral rights, oil or gas rights or profits, water rights, escrow funds, or lowing new subsection: trict in which the petition is filed.’’. ‘‘(g)(1) In this subsection, the term ‘travel ex- (c) CHAPTER 13 DISCHARGE.—Section 1328 of insurance proceeds; and ‘‘(C) all replacements or additions;’’. penses’— title 11, United States Code, is amended by add- ‘‘(A) means the expenses incurred by a bank- ing at the end the following: SEC. 322. BANKRUPTCY JUDGESHIPS. ruptcy judge for travel that is not directly re- ‘‘(f) The court shall not grant a discharge (a) SHORT TITLE.—This section may be cited lated to any case assigned to such bankruptcy under this section to a debtor, unless after filing as the ‘‘Bankruptcy Judgeship Act of 1998’’. judge; and a petition the debtor has completed an instruc- (b) TEMPORARY JUDGESHIPS.— ‘‘(B) shall not include the travel expenses of a tional course concerning personal financial (1) APPOINTMENTS.—The following judgeship bankruptcy judge if— management described in section 111 that was positions shall be filled in the manner prescribed ‘‘(i) the payment for the travel expenses is administered or approved by— in section 152(a)(1) of title 28, United States paid by such bankruptcy judge from the per- ‘‘(1) the United States trustee; or Code, for the appointment of bankruptcy judges sonal funds of such bankruptcy judge; and ‘‘(2) the bankruptcy administrator for the dis- provided for in section 152(a)(2) of such title: ‘‘(ii) such bankruptcy judge does not receive trict in which the petition is filed.’’. (A) One additional bankruptcy judgeship for funds (including reimbursement) from the (d) DEBTOR’S DUTIES.—Section 521 of title 11, the eastern district of California. United States or any other person or entity for United States Code, as amended by sections (B) Four additional bankruptcy judgeships for the payment of such travel expenses. 301(b) and 318(b) of this Act, is amended by add- the central district of California. ‘‘(2) Each bankruptcy judge shall annually ing at the end the following: (C) One additional bankruptcy judgeship for submit the information required under para- ‘‘(e) In addition to the requirements under the southern district of Florida. graph (3) to the chief bankruptcy judge for the subsection (a), an individual debtor shall file (D) Two additional bankruptcy judgeships for district in which the bankruptcy judge is as- with the court— the district of Maryland. signed. ‘‘(1) a certificate from the credit counseling (E) One additional bankruptcy judgeship for ‘‘(3)(A) Each chief bankruptcy judge shall service that provided the debtor services under the eastern district of Michigan. submit an annual report to the Director of the section 109(h); and (F) One additional bankruptcy judgeship for Administrative Office of the United States ‘‘(2) a copy of the debt repayment plan, if the southern district of Mississippi. Courts on the travel expenses of each bank- any, developed under section 109(h) through the (G) One additional bankruptcy judgeship for ruptcy judge assigned to the applicable district credit counseling service referred to in para- the district of New Jersey. (including the travel expenses of the chief bank- graph (1).’’. (H) One additional bankruptcy judgeship for ruptcy judge of such district). (e) EXCEPTIONS TO DISCHARGE.—Section 523(d) the eastern district of New York. ‘‘(B) The annual report under this paragraph of title 11, United States Code, as amended by (I) One additional bankruptcy judgeship for shall include— section 202 of this Act, is amended by striking the northern district of New York. ‘‘(i) the travel expenses of each bankruptcy paragraph (3)(A)(i) and inserting the following: (J) One additional bankruptcy judgeship for judge, with the name of the bankruptcy judge to ‘‘(i) within the applicable period of time pre- the southern district of New York. whom the travel expenses apply; scribed under section 109(h), the debtor received (K) One additional bankruptcy judgeship for ‘‘(ii) a description of the subject matter and credit counseling through a credit counseling the eastern district of Pennsylvania. purpose of the travel relating to each travel ex- program in accordance with section 109(h); (L) One additional bankruptcy judgeship for pense identified under clause (i), with the name and’’. the middle district of Pennsylvania. of the bankruptcy judge to whom the travel ap- (f) GENERAL PROVISIONS.— (M) One additional bankruptcy judgeship for plies; and ‘‘(iii) the number of days of each travel de- (1) IN GENERAL.—Chapter 1 of title 11, United the western district of Tennessee. scribed under clause (ii), with the name of the States Code, is amended by adding at the end (N) One additional bankruptcy judgeship for the following: bankruptcy judge to whom the travel applies. the eastern district of Virginia. ‘‘(4)(A) The Director of the Administrative Of- ‘‘§ 111. Credit counseling services; financial (2) VACANCIES.—The first vacancy occurring fice of the United States Courts shall— management instructional courses in the office of a bankruptcy judge in each of ‘‘(i) consolidate the reports submitted under ‘‘(a) The clerk of each district shall maintain the judicial districts set forth in paragraph (1) paragraph (3) into a single report; and a list of credit counseling services that provide that— ‘‘(ii) annually submit such consolidated report 1 or more programs described in section 109(h) (A) results from the death, retirement, res- to Congress. and that have been approved by— ignation, or removal of a bankruptcy judge; and ‘‘(B) The consolidated report submitted under ‘‘(1) the United States trustee; or (B) occurs 5 years or more after the appoint- this paragraph shall include the specific infor- ‘‘(2) the bankruptcy administrator for the dis- ment date of a bankruptcy judge appointed mation required under paragraph (3)(B), includ- trict. under paragraph (1); ing the name of each bankruptcy judge with re- ‘‘(b) The United States trustee or each bank- shall not be filled. spect to clauses (i), (ii), and (iii) of paragraph ruptcy administrator referred to in subsection (c) EXTENSIONS.— (3)(B).’’. (a)(1) shall— (1) IN GENERAL.—The temporary bankruptcy SEC. 323. DEFINITION OF DOMESTIC SUPPORT ‘‘(1) make available to debtors who are indi- judgeship positions authorized for the northern OBLIGATION. viduals an instructional course concerning per- district of Alabama, the district of Delaware, the Section 101 of title 11, United States Code, as sonal financial management, under the direc- district of Puerto Rico, the district of South amended by section 321(g) of this Act, is amend- tion of the bankruptcy court; and Carolina, and the eastern district of Tennessee ed—

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10776 CONGRESSIONAL RECORD — SENATE September 23, 1998 (1) by striking paragraph (12A); and support obligation, the debtor has paid all SEC. 329. PROTECTION OF DOMESTIC SUPPORT (2) by inserting after paragraph (14) the fol- amounts payable under such order for such obli- CLAIMS AGAINST PREFERENTIAL lowing: gation that become payable after the date on TRANSFER MOTIONS. ‘‘(14A) ‘domestic support obligation’ means a which the petition is filed.’’; and Section 547(c)(7) of title 11, United States debt that accrues before or after the entry of an (3) in section 1328(a), as amended by section Code, is amended to read as follows: order for relief under this title that is— 314 of this Act, in the matter preceding para- ‘‘(7) to the extent such transfer was a bona ‘‘(A) owed to or recoverable by— graph (1), by inserting ‘‘, and with respect to a fide payment of a debt for a domestic support ‘‘(i) a spouse, former spouse, or child of the debtor who is required by a judicial or adminis- obligation; or’’. debtor or that child’s legal guardian; or trative order to pay a domestic support obliga- SEC. 330. PROTECTION OF RETIREMENT SAVINGS ‘‘(ii) a governmental unit; tion, certifies that all amounts payable under IN BANKRUPTCY. (a) IN GENERAL.—Section 522 of title 11, ‘‘(B) in the nature of alimony, maintenance, such order or statute that are due on or before United States Code, is amended— or support (including assistance provided by a the date of the certification (including amounts govermental unit) of such spouse, former spouse, (1) in subsection (b)— due before or after the petition was filed) have (A) in paragraph (2)— or child, without regard to whether such debt is been paid’’ after ‘‘completion by the debtor of (i) by striking ‘‘(2)(A) any property’’ and in- expressly so designated; all payments under the plan’’. serting: ‘‘(C) established or subject to establishment SEC. 326. EXCEPTIONS TO AUTOMATIC STAY IN ‘‘(3) Property listed in this paragraph is— before or after entry of an order for relief under DOMESTIC SUPPORT OBLIGATION ‘‘(A) any property’’; this title, by reason of applicable provisions of— PROCEEDINGS. (ii) in subparagraph (A), by striking ‘‘and’’ at ‘‘(i) a separation agreement, divorce decree, or Section 362(b) of title 11, United States Code, the end; property settlement agreement; is amended— (iii) in subparagraph (B), by striking the pe- ‘‘(ii) an order of a court of record; or (1) by striking paragraph (2) and inserting the riod at the end and inserting ‘‘; and’’; and ‘‘(iii) a determination made in accordance following: (iv) by adding at the end the following: with applicable nonbankruptcy law by a gov- ‘‘(2) under subsection (a)— ‘‘(C) retirement funds to the extent that those ernmental unit; and ‘‘(A) of the commencement or continuation of funds are in a fund or account that is exempt ‘‘(D) not assigned to a nongovernmental enti- an action or proceeding for— from taxation under section 401, 403, 408, 408A, ty, unless that obligation is assigned voluntarily ‘‘(i) the establishment of paternity as a part of 414, 457, or 501(a) of the Internal Revenue Code by the spouse, former spouse, child, or parent an effort to collect domestic support obligations; of 1986 and which has not been pledged or prom- solely for the purpose of collecting the debt.’’. or ised to any person in connection with any ex- SEC. 324. PRIORITIES FOR CLAIMS FOR DOMESTIC ‘‘(ii) the establishment or modification of an tension of credit.’’; SUPPORT OBLIGATIONS. order for domestic support obligations; or (B) by striking paragraph (1) and inserting: ‘‘(2) Property listed in this paragraph is prop- Section 507(a) of title 11, United States Code, ‘‘(B) the collection of a domestic support obli- erty that is specified under subsection (d) of this is amended— gation from property that is not property of the section, unless the State law that is applicable (1) by striking paragraph (7); estate;’’; to the debtor under paragraph (3)(A) of this (2) by redesignating paragraphs (1) through (2) in paragraph (17), by striking ‘‘or’’ at the subsection specifically does not so authorize.’’; (6) as paragraphs (2) through (7), respectively; end; (C) in the matter preceding paragraph (2)— (3) in paragraph (2), as redesignated, by strik- (3) in paragraph (18), by striking the period at ing ‘‘First’’ and inserting ‘‘Second’’; (i) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; the end and inserting a semicolon; and (ii) by striking ‘‘paragraph (2)’’ both places it (4) in paragraph (3), as redesignated, by strik- (4) by adding at the end the following: ing ‘‘Second’’ and inserting ‘‘Third’’; appears and inserting ‘‘paragraph (3)’’; ‘‘(19) under subsection (a) with respect to the (iii) by striking ‘‘paragraph (1)’’ each place it (5) in paragraph (4), as redesignated, by strik- withholding of income pursuant to an order as appears and inserting ‘‘paragraph (2)’’; and ing ‘‘Third’’ and inserting ‘‘Fourth’’; specified in section 466(b) of the Social Security (iv) by striking ‘‘Such property is—’’; and (6) in paragraph (5), as redesignated, by strik- Act (42 U.S.C. 666(b)); or (D) by adding at the end of the subsection the ing ‘‘Fourth’’ and inserting ‘‘Fifth’’; ‘‘(20) under subsection (a) with respect to— following: (7) in paragraph (6), as redesignated, by strik- ‘‘(A) the withholding, suspension, or restric- ‘‘(4) For purposes of paragraph (3)(C), the fol- ing ‘‘Fifth’’ and inserting ‘‘Sixth’’; tion of drivers’ licenses, professional and occu- lowing shall apply: (8) in paragraph (7), as redesignated, by strik- pational licenses, and recreational licenses pur- ‘‘(A) If the retirement funds are in a retire- ing ‘‘Sixth’’ and inserting ‘‘Seventh’’; and suant to State law, as specified in section ment fund that has received a favorable deter- (9) by inserting before paragraph (2), as redes- 466(a)(16) of the Social Security Act (42 U.S.C. mination pursuant to section 7805 of the Inter- ignated, the following: 666(a)(16)) or with respect to the reporting of nal Revenue Code of 1986, and that determina- ‘‘(1) First, allowed claims for domestic support overdue support owed by an absent parent to tion is in effect as of the date of the commence- obligations to be paid in the following order on any consumer reporting agency as specified in ment of the case under section 301, 302, or 303, the condition that funds received under this section 466(a)(7) of the Social Security Act (42 those funds shall be presumed to be exempt from paragraph by a governmental unit in a case U.S.C. 666(a)(7)); the estate. under this title be applied: ‘‘(B) the interception of tax refunds, as speci- ‘‘(B) If the retirement funds are in a retire- ‘‘(A) Claims that, as of the date of entry of fied in sections 464 and 466(a)(3) of the Social ment fund that has not received a favorable de- the order for relief, are owed directly to a Security Act (42 U.S.C. 664 and 666(a)(3)); or termination pursuant to such section 7805, those spouse, former spouse, or child of the debtor, or ‘‘(C) the enforcement of medical obligations as funds are exempt from the estate if the debtor the parent of such child, without regard to specified under title IV of the Social Security demonstrates that— whether the claim is filed by the spouse, former Act (42 U.S.C. 601 et seq.).’’. ‘‘(i) no prior determination to the contrary spouse, child, or parent, or is filed by a govern- has been made by a court or the Internal Rev- SEC. 327. NONDISCHARGEABILITY OF CERTAIN mental unit on behalf of that person. enue Service; and ‘‘(B) Claims that, as of the date of entry of DEBTS FOR ALIMONY, MAINTE- NANCE, AND SUPPORT. ‘‘(ii)(I) the retirement fund is in substantial the order for relief, are assigned by a spouse, Section 523 of title 11, United States Code, as compliance with the applicable requirements of former spouse, child of the debtor, or the parent amended by section 202 of this Act, is amended— the Internal Revenue Code of 1986; or of that child to a governmental unit or are owed ‘‘(II) the retirement fund fails to be in sub- (1) in subsection (a), by striking paragraph (5) directly to a governmental unit under applicable stantial compliance with such applicable re- and inserting the following: nonbankruptcy law.’’. quirements, the debtor is not materially respon- ‘‘(5) for a domestic support obligation;’’; sible for that failure. SEC. 325. REQUIREMENTS TO OBTAIN CONFIRMA- (2) in subsection (c), by striking ‘‘(6), or (15)’’ TION AND DISCHARGE IN CASES IN- ‘‘(C) A direct transfer of retirement funds from and inserting ‘‘or (6)’’; and VOLVING DOMESTIC SUPPORT OBLI- 1 fund or account that is exempt from taxation (3) in paragraph (15), by striking ‘‘govern- GATIONS. under section 401, 403, 408, 408A, 414, 457, or mental unit’’ and all through the end of the Title 11, United States Code, is amended— 501(a) of the Internal Revenue Code of 1986, paragraph and inserting a semicolon. (1) in section 1129(a), by adding at the end the pursuant to section 401(a)(31) of the Internal following: SEC. 328. CONTINUED LIABILITY OF PROPERTY. Revenue Code of 1986, or otherwise, shall not ‘‘(14) If the debtor is required by a judicial or Section 522 of title 11, United States Code, is cease to qualify for exemption under paragraph administrative order or statute to pay a domestic amended— (3)(C) by reason of that direct transfer. support obligation, the debtor has paid all (1) in subsection (c), by striking paragraph (1) ‘‘(D)(i) Any distribution that qualifies as an amounts payable under such order or statute for and inserting the following: eligible rollover distribution within the meaning such obligation that become payable after the ‘‘(1) a debt of a kind specified in paragraph of section 402(c) of the Internal Revenue Code of date on which the petition is filed.’’; (1) or (5) of section 523(a) (in which case, not- 1986 or that is described in clause (ii) shall not (2) in section 1325(a)— withstanding any provision of applicable non- cease to qualify for exemption under paragraph (A) in paragraph (5), by striking ‘‘and’’ at the bankruptcy law to the contrary, such property (3)(C) by reason of that distribution. end; shall be liable for a debt of a kind specified in ‘‘(ii) A distribution described in this clause is (B) in paragraph (6), by striking the period at section 523(a)(5);’’; and an amount that— the end and inserting ‘‘; and’’; and (2) in subsection (f)(1)(A), by striking the dash ‘‘(I) has been distributed from a fund or ac- (C) by adding at the end the following: and all that follows through the end of the sub- count that is exempt from taxation under sec- ‘‘(7) if the debtor is required by a judicial or paragraph and inserting ‘‘of a kind that is spec- tion 401, 403, 408, 408A, 414, 457, or 501(a) of the administrative order or statute to pay a domestic ified in section 523(a)(5); or’’. Internal Revenue Code of 1986; and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10777 ‘‘(II) to the extent allowed by law, is deposited ‘‘(10) Tenth, allowed claims for death or per- TITLE IV—FINANCIAL INSTRUMENTS in such a fund or account not later than 60 days sonal injuries resulting from the operation of a SEC. 401. BANKRUPTCY CODE AMENDMENTS. after the distribution of that amount.’’; and motor vehicle or vessel if such operation was un- (a) DEFINITIONS OF SWAP AGREEMENT, SECURI- (2) in subsection (d)— lawful because the debtor was intoxicated from TIES CONTRACT, FORWARD CONTRACT, COM- (A) in the matter preceding paragraph (1), by using alcohol, a drug or another substance.’’. MODITY CONTRACT, AND REPURCHASE AGREE- striking ‘‘subsection (b)(1)’’ and inserting ‘‘sub- (b) Section 523(a)(9) of title 11, United States MENT.—Title 11, United States Code, is amend- section (b)(2)’’; and Code, is amended by inserting ‘‘or vessel’’ after ed— (B) by adding at the end the following: ‘‘vehicle’’. (1) in section 101— ‘‘(12) Retirement funds to the extent that (A) in paragraph (25)— those funds are in a fund or account that is ex- SEC. 332. DEBT LIMIT INCREASE. Section 104(b) of title 11, United States Code, (i) by striking ‘‘means a contract’’ and insert- empt from taxation under section 401, 403, 408, ing ‘‘means— 408A, 414, 457, or 501(a) of the Internal Revenue is amended by adding at the end the following: ‘‘(4) The dollar amount in section 101(18) shall ‘‘(A) a contract’’; Code of 1986.’’. be adjusted at the same times and in the same (ii) by striking ‘‘, or any combination thereof (b) AUTOMATIC STAY.—Section 362(b) of title or option thereon;’’ and inserting ‘‘, or any 11, United States Code, is amended— manner as the dollar amounts in paragraph (1) of this subsection, beginning with the adjust- other similar agreement;’’; and (1) in paragraph (17), by striking ‘‘or’’ at the (iii) by adding at the end the following new ment to be made on April 1, 2001.’’. end; subparagraphs: (2) in paragraph (18), by striking the period SEC. 333. ELIMINATION OF REQUIREMENT THAT ‘‘(B) any combination of agreements or trans- and inserting ‘‘; or’’; FAMILY FARMER AND SPOUSE RE- actions referred to in subparagraphs (A) and CEIVE OVER 50 PERCENT OF INCOME (3) by inserting after paragraph (18) the fol- (C); lowing: FROM FARMING OPERATION IN YEAR PRIOR TO BANKRUPTCY. ‘‘(C) any option to enter into any agreement ‘‘(19) under subsection (a), of withholding of or transaction referred to in subparagraph (A) income from a debtor’s wages and collection of Section 101(18)(A) of title 11, United States Code, is amended by striking ‘‘the taxable year or (B); amounts withheld, pursuant to the debtor’s ‘‘(D) a master agreement that provides for an preceding the taxable year’’ and inserting ‘‘at agreement authorizing that withholding and agreement or transaction referred to in subpara- least one of the three calendar years preceding collection for the benefit of a pension, profit- graph (A), (B) or (C), together with all supple- the year’’. sharing, stock bonus, or other plan established ments to any such master agreement, without under section 401, 403, 408, 408A, 414, 457, or SEC. 334. PROHIBITION OF RETROACTIVE ASSESS- regard to whether the master agreement pro- MENT OF DISPOSABLE INCOME. 501(a) of the Internal Revenue Code of 1986 that vides for an agreement or transaction that is not (a) Section 1225(b) of title 11, United States is sponsored by the employer of the debtor, or an a forward contract under this paragraph, except Code, is amended by adding at the end the fol- affiliate, successor, or predecessor of such em- that the master agreement shall be considered to lowing: ployer— be a forward contract under this paragraph ‘‘(A) to the extent that the amounts withheld ‘‘(3) If the plan provides for specific amounts only with respect to each agreement or trans- and collected are used solely for payments relat- of property to be distributed on account of al- action under the master agreement that is re- ing to a loan from a plan that satisfies the re- lowed unsecured claims as required by para- quirements of section 408(b)(1) of the Employee graph (1)(B) of this subsection, those amounts ferred to in subparagraph (A), (B) or (C); or ‘‘(E) a security agreement or arrangement or Retirement Income Security Act of 1974 (29 equal or exceed the debtor’s projected disposable other credit enhancement related to any agree- U.S.C. 1108(b)(1)); or income for that period, and the plan meets the ment or transaction referred to in subparagraph ‘‘(B) in the case of a loan from a thrift sav- requirements for confirmation other than those ings plan described in subchapter III of title 5, (A), (B), (C) or (D);’’; of this subsection, the plan shall be confirmed. (B) by amending paragraph (47) to read as that satisfies the requirements of section 8433(g) (b) Section 1229 of title 11, United States Code, follows: of that title.’’; and is amended by adding at the end the following: ‘‘(47) the term ‘repurchase agreement’ (which (4) by adding at the end of the flush material ‘‘(d)(1) A modification of the plan under this definition also applies to a reverse repurchase following paragraph (19) the following: ‘‘Para- section may not increase the amount of pay- agreement)— graph (19) does not apply to any amount owed ments that were due prior to the date of the ‘‘(A) means— to a plan referred to in that paragraph that is order modifying the plan. ‘‘(i) an agreement, including related terms, incurred under a loan made during the 1-year ‘‘(2) A modification of the plan under this sec- which provides for the transfer of 1 or more cer- period preceding the filing of a petition. Nothing tion to increase payments based on an increase tificates of deposit, mortgage-related securities in paragraph (19) may be construed to provide in the debtor’s disposable income may not re- (as such term is defined in the Securities Ex- that any loan made under a governmental plan quire payments to unsecured creditors in any change Act of 1934), mortgage loans, interests in under section 414(d) of the Internal Revenue particular month greater than the debtor’s dis- mortgage-related securities or mortgage loans, Code of 1986 constitutes a claim or a debt under posable income for that month unless the debtor eligible bankers’ acceptances, qualified foreign this title.’’. proposes such a modification. government securities or securities that are di- (c) EXCEPTIONS TO DISCHARGE.—Section ‘‘(3) A modification of the plan in the last 523(a) of title 11, United States Code, as amend- rect obligations of, or that are fully guaranteed year of the plan shall not require payments that as to principal and interest by, the United ed by section 202, is amended— would leave the debtor with insufficient funds (1) by striking ‘‘or’’ at the end of paragraph States or any agency of the United States to carry on the farming operation after the plan against the transfer of funds by the transferee (17); is completed unless the debtor proposes such a (2) by striking the period at the end of para- of such certificates of deposit, eligible bankers’ modification.’’. graph (18) and inserting ‘‘; or’’; and acceptances, securities, loans or interests with a (3) by adding at the end the following: SEC. 335. AMENDMENT TO SECTION 1325 OF TITLE simultaneous agreement by such transferee to ‘‘(19) owed to a pension, profit-sharing, stock 11, UNITED STATES CODE. transfer to the transferor thereof certificates of bonus, or other plan established under section Section 1325(b)(2) of title 11, United States deposit, eligible bankers’ acceptances, securities, 401, 403, 408, 408A, 414, 457, or 501(c) of the In- Code, is amended by inserting after ‘‘received by loans, or interests as described above, at a date ternal Revenue Code of 1986, pursuant to— the debtor’’, ‘‘(other than child support pay- certain not later than 1 year after such trans- ‘‘(A) a loan permitted under section 408(b)(1) ments, foster care payments, or disability pay- fers or on demand, against the transfer of of the Employee Retirement Income Security Act ments for a dependent child made in accordance funds; or any other similar agreement; and of 1974 (29 U.S.C. 1108(b)(1)); or with applicable nonbankruptcy law and which ‘‘(ii) any combination of agreements or trans- ‘‘(B) a loan from the thrift savings plan de- is reasonably necessary to be expended)’’. actions referred to in clauses (i) and (iii); scribed in subchapter III of title 5, that satisfies SEC. 336. PROTECTION OF SAVINGS EARMARKED ‘‘(iii) any option to enter into any agreement the requirements of section 8433(g) of that title. FOR THE POSTSECONDARY EDU- or transaction referred to in clause (i) or (ii); Paragraph (19) does not apply to any amount CATION OF CHILDREN ‘‘(iv) a master agreement that provides for an owed to a plan referred to in that paragraph Section 541(b) of title 11, United States Code, agreement or transaction referred to in clauses that is incurred under a loan made during the as amended by section 404 of this Act, is amend- (i), (ii) or (iii), together with all supplements, 1-year period preceding the filing of a petition. ed— without regard to whether the master agreement Nothing in paragraph (19) may be construed to (1) in paragraph (6), by striking the period at provides for an agreement or transaction that is provide that any loan made under a govern- the end and inserting a semicolon; and not a repurchase agreement under this subpara- mental plan under section 414(d) of the Internal (2) by inserting after paragraph (6) the fol- graph, except that the master agreement shall be Revenue Code of 1986 constitutes a claim or a lowing: considered to be a repurchase agreement under debt under this title.’’. ‘‘(7) except as otherwise provided under appli- this subparagraph only with respect to each (d) PLAN CONTENTS.—Section 1322 of title 11, cable State law, any funds placed in a qualified agreement or transaction under the master United States Code, is amended by adding at the State tuition program (as described in section agreement that is referred to in clause (i), (ii) or end the following: 529(b) of the Internal Revenue Code of 1986) at (iii); or ‘‘(f) A plan may not materially alter the terms least 180 days before the date of entry of the ‘‘(v) a security agreement or arrangement or of a loan described in section 362(b)(19).’’. order for relief; or other credit enhancement related to any agree- SEC. 331. ADDITIONAL AMENDMENTS TO TITLE 11, ‘‘(8) any funds placed in an education indi- ment or transaction referred to in clauses (i), UNITED STATES CODE. vidual retirement account (as defined in section (ii), (iii) or (iv); and (a) Section 507(a) of title 11, United States 530(b)(1) of the Internal Revenue Code of 1986) ‘‘(B) does not include any repurchase obliga- Code, is amended by inserting after paragraph at least 180 days before the date of entry of the tion under a participation in a commercial mort- (9) the following: order for relief.’’. gage loan,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10778 CONGRESSIONAL RECORD — SENATE September 23, 1998 and, for purposes of this paragraph, the term rities, certificates of deposit, mortgage loans or tion, has 1 or more agreements or transactions ‘qualified foreign government security’ means a interest therein, or group or index of securities, that is described in section 561(a)(2) with the security that is a direct obligation of, or that is certificates of deposit, or mortgage loans or in- debtor or any other entity (other than an affil- fully guaranteed by, the central government of terests therein (including any interest therein or iate) of a total gross dollar value of at least a member of the Organization for Economic Co- based on the value thereof) or option on any of $1,000,000,000 in notional or actual principal operation and Development.’’; and the foregoing, including any option to purchase amount outstanding on any day during the pre- (C) by amending paragraph (53B) to read as or sell any such security, certificate of deposit, vious 15-month period, or has gross mark-to- follows: loan, interest, group or index or option; market positions of at least $100,000,000 (aggre- ‘‘(53B) the term ‘swap agreement’— ‘‘(iv) any margin loan; gated across counterparties) in 1 or more such ‘‘(A) means— ‘‘(v) any other agreement or transaction that agreements or transactions with the debtor or ‘‘(i) any agreement, including the terms and is similar to any agreement or transaction re- any other entity (other than an affiliate) on conditions incorporated by reference in any ferred to in this subparagraph; any day during the previous 15-month period;’’; such agreement, which is an interest rate swap, ‘‘(vi) any combination of the agreements or and option, future, or forward agreement, including transactions referred to in this subparagraph; (3) by amending paragraph (26) to read as fol- a rate floor, rate cap, rate collar, cross-currency ‘‘(vii) any option to enter into any agreement lows: rate swap, and basis swap; a spot, same day-to- or transaction referred to in this subparagraph; ‘‘(26) the term ‘forward contract merchant’ morrow, tomorrow-next, forward, or other for- ‘‘(viii) a master agreement that provides for means a Federal reserve bank, or a person eign exchange or precious metals agreement; a an agreement or transaction referred to in whose business consists in whole or in part of currency swap, option, future, or forward agree- clause (i), (ii), (iii), (iv), (v), (vi), or (vii), to- entering into forward contracts as or with mer- ment; an equity index or equity swap, option, gether with all supplements to any such master chants or in a commodity, as defined or in sec- future, or forward agreement; a debt index or agreement, without regard to whether the mas- tion 761(8) of this title, or any similar good, arti- debt swap, option, future, or forward agree- ter agreement provides for an agreement or cle, service, right, or interest which is presently ment; a credit spread or credit swap, option, fu- transaction that is not a securities contract or in the future becomes the subject of dealing ture, or forward agreement; a commodity index under this subparagraph, except that the master or in the forward contract trade;’’. or commodity swap, option, future, or forward agreement shall be considered to be a securities (c) DEFINITION OF MASTER NETTING AGREE- agreement; contract under this subparagraph only with re- MENT AND MASTER NETTING AGREEMENT PARTIC- ‘‘(ii) any agreement similar to any other spect to each agreement or transaction under IPANT.—Section 101 of title 11, United States agreement or transaction referred to in this sub- the master agreement that is referred to in Code, is amended by inserting after paragraph paragraph that— clause (i), (ii), (iii), (iv), (v), (vi), or (vii); and (38) the following new paragraphs: ‘‘(I) is presently, or in the future becomes, reg- ‘‘(ix) any security agreement or arrangement ‘‘(38A) the term ‘master netting agreement’ ularly entered into in the swap agreement mar- or other credit enhancement related to any means an agreement providing for the exercise ket (including terms and conditions incor- agreement or transaction referred to in this sub- of rights, including rights of netting, setoff, liq- porated by reference therein); and paragraph; and uidation, termination, acceleration, or closeout, ‘‘(II) is a forward, swap, future, or option on ‘‘(B) does not include any purchase, sale, or under or in connection with 1 or more contracts 1 or more rates, currencies, commodities, equity repurchase obligation under a participation in that are described in any 1 or more of para- securities or other equity instruments, debt secu- or servicing agreement for a commercial mort- graphs (1) through (5) of section 561(a), or any rities or other debt instruments, or economic in- gage loan.’’; and security agreement or arrangement or other dices or measures of economic risk or value; (3) in section 761(4)— credit enhancement related to 1 or more of the ‘‘(iii) any combination of agreements or trans- (A) by striking ‘‘or’’ at the end of subpara- foregoing. If a master netting agreement con- actions referred to in this subparagraph; graph (D); and tains provisions relating to agreements or trans- ‘‘(iv) any option to enter into any agreement (B) by adding at the end the following new actions that are not contracts described in para- or transaction referred to in this subparagraph; subparagraphs: graphs (1) through (5) of section 561(a), the mas- ‘‘(v) a master agreement that provides for an ‘‘(F) any other agreement or transaction that ter netting agreement shall be deemed to be a agreement or transaction referred to in clause is similar to any agreement or transaction re- master netting agreement only with respect to (i), (ii), (iii), or (iv), together with all supple- ferred to in this paragraph; those agreements or transactions that are de- ments to any such master agreement, without ‘‘(G) any combination of the agreements or scribed in any 1 or more of the paragraphs (1) regard to whether the master agreement con- transactions referred to in this paragraph; through (5) of section 561(a); tains an agreement or transaction that is de- ‘‘(H) any option to enter into any agreement ‘‘(38B) the term ‘master netting agreement scribed in any of such clause, except that the or transaction referred to in this paragraph; participant’ means an entity that, at any time master agreement shall be considered to be a ‘‘(I) a master agreement that provides for an before the filing of the petition, is a party to an swap agreement only with respect to each agree- agreement or transaction referred to in subpara- outstanding master netting agreement with the ment or transaction under the master agreement graph (A), (B), (C), (D), (E), (F), (G) or (H), to- debtor;’’. that is referred to in clause (i), (ii), (iii), or (iv); gether with all supplements to any such master (d) SWAP AGREEMENTS, SECURITIES CON- or agreement, without regard to whether the mas- TRACTS, COMMODITY CONTRACTS, FORWARD ‘‘(C) is applicable for purposes of this title ter agreement provides for an agreement or CONTRACTS, REPURCHASE AGREEMENTS, AND only and shall not be construed or applied to transaction that is not a commodity contract MASTER NETTING AGREEMENTS UNDER THE challenge or affect the characterization, defini- under this paragraph, except that the master AUTOMATIC-STAY.— tion, or treatment of any swap agreement or any agreement shall be considered to be a commodity (1) IN GENERAL.—Section 362(b) of title 11, instrument defined as a swap agreement herein, contract under this paragraph only with respect United States Code, is amended— (A) in paragraph (6), by inserting under any other statute, regulation, or rule, in- to each agreement or transaction under the mas- ‘‘, pledged to, and under the control of,’’ after cluding the Securities Act of 1933, the Securities ter agreement that is referred to in subpara- ‘‘held by’’; Exchange Act of 1934, the Public Utility Holding graph (A), (B), (C), (D), (E), (F), (G) or (H); or (B) in paragraph (7), by inserting Company Act of 1935, the Trust Indenture Act ‘‘(J) a security agreement or arrangement or ‘‘, pledged to, and under the control of,’’ after of 1939, the Investment Company Act of 1940, other credit enhancement related to any agree- ‘‘held by’’; the Investment Advisers Act of 1940, the Securi- ment or transaction referred to in this para- (C) by amending paragraph (17) to read as fol- ties Investor Protection Act of 1970, the Com- graph;’’. lows: modity Exchange Act, and the regulations pre- (b) DEFINITIONS OF FINANCIAL INSTITUTION, ‘‘(17) under subsection (a), of the setoff by a scribed by the Securities and Exchange Commis- FINANCIAL PARTICIPANT, AND FORWARD CON- swap participant of any mutual debt and claim sion or the Commodity Futures Trading Commis- TRACT MERCHANT.—Section 101 of title 11, under or in connection with 1 or more swap sion.’’; United States Code, is amended— agreements that constitute the setoff of a claim (2) by amending section 741(7) to read as fol- (1) by amending paragraph (22) to read as fol- against the debtor for any payment due from lows: lows: the debtor under or in connection with any ‘‘(7) the term ‘securities contract’— ‘‘(22) the term ‘financial institution’ means a swap agreement against any payment due to the ‘‘(A) means— Federal reserve bank, or a person that is a com- debtor from the swap participant under or in ‘‘(i) a contract for the purchase, sale, or loan mercial or savings bank, industrial savings connection with any swap agreement or against of a security, a certificate of deposit, a mortgage bank, savings and loan association, trust com- cash, securities, or other property of the debtor loan or any interest in a mortgage loan, or a pany, or receiver or conservator for such person held by, pledged to, and under the control of, or group or index of securities, certificates of de- and, when any such Federal reserve bank, re- due from such swap participant to guarantee, posit, or mortgage loans or interests therein (in- ceiver, or conservator or person acting as agent secure, or settle any swap agreement;’’; cluding any interest therein or based on the or custodian for a customer in connection with (D) in paragraph (20), by striking ‘‘or’’ at the value thereof) or option on any of the foregoing, a securities contract, as defined in section 741(7) end; including any option to purchase or sell any of this title, such customer;’’; (E) in paragraph (21), by striking the period such security, certificate of deposit, loan, inter- (2) by inserting after paragraph (22) the fol- and inserting ‘‘; or’’; and est, group or index or option; lowing new paragraph: (F) by inserting after paragraph (18) the fol- ‘‘(ii) any option entered into on a national se- ‘‘(22A) the term ‘financial participant’ means lowing new paragraph: curities exchange relating to foreign currencies; any entity that, at the time it enters into a secu- ‘‘(22) under subsection (a), of the setoff by a ‘‘(iii) the guarantee by or to any securities rities contract, commodity contract or forward master netting agreement participant of a mu- clearing agency of any settlement of cash, secu- contract, or at the time of the filing of the peti- tual debt and claim under or in connection with

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10779 1 or more master netting agreements to the ex- (1) by amending the section heading to read in a case ancillary to a foreign proceeding under tent such participant could offset the claim ‘‘Contractual right to liquidate, terminate, or this section or any other section of this title so under paragraph (6), (7), or (17) for each indi- accelerate a swap agreement’’; and that enforcement of contractual provisions of vidual contract covered by the master netting (2) in the first sentence, by striking ‘‘termi- such contracts and agreements in accordance agreement in issue.’’. nation of a swap agreement’’ and inserting ‘‘liq- with their terms will not be stayed or otherwise (2) LIMITATION.—Section 362 of title 11, United uidation, termination, or acceleration of 1 or limited by operation of any provision of this title States Code, is amended by adding at the end more swap agreements’’; and or by order of a court in any proceeding under the following new subsection: (3) by striking ‘‘in connection with any swap this title, and to limit avoidance powers to the ‘‘(i) LIMITATION.—The exercise of rights not agreement’’ and inserting ‘‘in connection with same extent as in a proceeding under chapter 7 subject to the stay arising under subsection (a) the termination, liquidation, or acceleration of 1 or 11 of this title (such enforcement not to be pursuant to paragraph (6), (7), (17), or (22) of or more swap agreements’’. limited based on the presence or absence of as- subsection (b) shall not be stayed by any order (k) LIQUIDATION, TERMINATION, ACCELERA- sets of the debtor in the United States).’’. of a court or administrative agency in any pro- TION, OR OFFSET UNDER A MASTER NETTING (n) COMMODITY BROKER LIQUIDATIONS.—Title ceeding under this title.’’. AGREEMENT AND ACROSS CONTRACTS.—Title 11, 11, United States Code, is amended by inserting (e) LIMITATION OF AVOIDANCE POWERS UNDER United States Code, is amended by inserting after section 766 the following new section: MASTER NETTING AGREEMENT.—Section 546 of after section 560 the following new section: ‘‘§ 767. Commodity broker liquidation and for- title 11, United States Code, is amended— ‘‘§ 561. Contractual right to terminate, liq- ward contract merchants, commodity bro- (1) in subsection (g) (as added by section 103 uidate, accelerate, or offset under a master kers, stockbrokers, financial institutions, se- of Public Law 101–311)— netting agreement and across contracts curities clearing agencies, swap partici- (A) by striking ‘‘under a swap agreement’’; ‘‘(a) IN GENERAL.—Subject to subsection (b), pants, repo participants, and master net- (B) by striking ‘‘in connection with a swap ting agreement participants agreement’’ and inserting ‘‘under or in connec- the exercise of any contractual right, because of a condition of the kind specified in section ‘‘Notwithstanding any other provision of this tion with any swap agreement’’; title, the exercise of rights by a forward contract (2) by redesignating subsection (g) (as added 365(e)(1), to cause the termination, liquidation, merchant, commodity broker, stockbroker, fi- by section 222(a) of Public Law 103–394) as sub- or acceleration of or to offset, or net termination nancial institution, securities clearing agency, section (i); and values, payment amounts or other transfer obli- swap participant, repo participant, or master (3) by inserting before subsection (i) (as redes- gations arising under or in connection with the netting agreement participant under this title ignated) the following new subsection: termination, liquidation, or acceleration of 1 or shall not affect the priority of any unsecured ‘‘(h) Notwithstanding sections 544, 545, 547, more— claim it may have after the exercise of such 548(a)(2), and 548(b) of this title, to the extent ‘‘(1) securities contracts, as defined in section rights or affect the provisions of this subchapter that under subsection (e), (f), or (g), the trustee 741(7); IV regarding customer property or distribu- may not avoid a transfer made by or to a master ‘‘(2) commodity contracts, as defined in sec- tions.’’. netting agreement participant under or in con- tion 761(4); ‘‘(3) forward contracts; (o) STOCKBROKER LIQUIDATIONS.—Title 11, nection with each individual contract covered United States Code, is amended by inserting by any master netting agreement that is made ‘‘(4) repurchase agreements; after section 752 the following new section: before the commencement of the case, the trustee ‘‘(5) swap agreements; or may not avoid a transfer made by or to such ‘‘(6) master netting agreements, ‘‘§ 753. Stockbroker liquidation and forward master netting agreement participant under or shall not be stayed, avoided, or otherwise lim- contract merchants, commodity brokers, in connection with the master netting agreement ited by operation of any provision of this title or stockbrokers, financial institutions, securi- in issue, except under section 548(a)(1) of this by any order of a court or administrative agency ties clearing agencies, swap participants, title.’’. in any proceeding under this title. repo participants, and master netting (f) FRAUDULENT TRANSFERS OF MASTER NET- ‘‘(b) EXCEPTION.— agreement participants TING AGREEMENTS.—Section 548(d)(2) of title 11, ‘‘(1) A party may exercise a contractual right ‘‘Notwithstanding any other provision of this United States Code, is amended— described in subsection (a) to terminate, liq- title, the exercise of rights by a forward contract (1) in subparagraph (C), by striking ‘‘and’’; uidate, or accelerate only to the extent that merchant, commodity broker, stockbroker, fi- (2) in subparagraph (D), by striking the pe- such party could exercise such a right under nancial institution, securities clearing agency, riod and inserting ‘‘; and’’; and section 555, 556, 559, or 560 for each individual swap participant, repo participant, or master (3) by adding at the end the following new contract covered by the master netting agree- netting agreement participant under this title subparagraph: ment in issue. shall not affect the priority of any unsecured ‘‘(E) a master netting agreement participant ‘‘(2)(A) A party may not exercise a contrac- claim it may have after the exercise of rights or that receives a transfer in connection with a tual right described in subsection (a) to offset or affect the provisions of this subchapter regard- master netting agreement takes for value to the to net obligations arising under, or in connec- ing customer property or distributions.’’. extent of such transfer, but only to the extent tion with, a commodity contract against obliga- (p) SETOFF.—Section 553 of title 11, United that such participant would take for value tions arising under, or in connection with, any States Code, is amended— under paragraph (B), (C), or (D) for each indi- instrument listed in subsection (a) if the obliga- (1) in subsection (a)(3)(C), by inserting ‘‘(ex- vidual contract covered by the master netting tions are not mutual. cept for a setoff of a kind described in section agreement in issue.’’. ‘‘(B) If a debtor is a commodity broker subject 362(b)(6), 362(b)(7), 362(b)(17), 555, 556, 559, 560, (g) TERMINATION OR ACCELERATION OF SECU- to subchapter IV of chapter 7 of this title, a or 561 of this title)’’ before the period; and RITIES CONTRACTS.—Section 555 of title 11, party may not net or offset an obligation to the (2) in subsection (b)(1), by striking United States Code, is amended— debtor arising under, or in connection with, a ‘‘362(b)(14),’’ and inserting ‘‘362(b)(17), 555, 556, (1) by amending the section heading to read commodity contract against any claim arising 559, 560, 561’’. (q) SECURITIES CONTRACTS, COMMODITY CON- ‘‘Contractual right to liquidate, terminate, or under, or in connection with, other instruments TRACTS, AND FORWARD CONTRACTS.—Title 11, accelerate a securities contract’’; and listed in subsection (a) if the party has no posi- (2) in the first sentence, by striking ‘‘liquida- tive net equity in the commodity account at the United States Code, is amended— (1) in section 362(b)(6), by striking ‘‘financial tion’’ and inserting ‘‘liquidation, termination, debtor, as calculated under subchapter IV. institutions,’’ each place such term appears and or acceleration’’. ‘‘(c) DEFINITION.—As used in this section, the inserting ‘‘financial institution, financial par- (h) TERMINATION OR ACCELERATION OF COM- term ‘contractual right’ includes a right set forth in a rule or bylaw of a national securities ticipant’’; MODITIES OR FORWARD CONTRACTS.—Section 556 (2) in section 546(e), by inserting ‘‘financial exchange, a national securities association, or a of title 11, United States Code, is amended— participant’’ after ‘‘financial institution,’’; (1) by amending the section heading to read securities clearing agency, a right set forth in a (3) in section 548(d)(2)(B), by inserting ‘‘fi- ‘‘Contractual right to liquidate, terminate, or bylaw of a clearing organization or contract nancial participant’’ after ‘‘financial institu- accelerate a commodities contract or forward market or in a resolution of the governing board tion,’’; contract’’; and thereof, and a right whether or not evidenced in (4) in section 555— (2) in the first sentence, by striking ‘‘liquida- writing arising under common law, under law (A) by inserting ‘‘financial participant’’ after tion’’ and inserting ‘‘liquidation, termination, merchant, or by reason of normal business prac- ‘‘financial institution,’’; and or acceleration’’. tice.’’. (B) by inserting before the period ‘‘, a right (i) TERMINATION OR ACCELERATION OF REPUR- (l) MUNICIPAL BANKRUPTCIES.—Section 901 of set forth in a bylaw of a clearing organization CHASE AGREEMENTS.—Section 559 of title 11, title 11, United States Code, is amended— or contract market or in a resolution of the gov- United States Code, is amended— (1) by inserting ‘‘, 555, 556’’ after ‘‘553’’; and erning board thereof, and a right, whether or (1) by amending the section heading to read (2) by inserting ‘‘, 559, 560, 561, 562’’ after not in writing, arising under common law, ‘‘Contractual right to liquidate, terminate, or ‘‘557’’. under law merchant, or by reason of normal accelerate a repurchase agreement’’; and (m) ANCILLARY PROCEEDINGS.—Section 304 of business practice’’; and (2) in the first sentence, by striking ‘‘liquida- title 11, United States Code, is amended by add- (5) in section 556, by inserting ‘‘, financial tion’’ and inserting ‘‘liquidation, termination, ing at the end the following new subsection: participant’’ after ‘‘commodity broker’’. or acceleration’’. ‘‘(d) Any provisions of this title relating to se- (r) TECHNICAL AND CONFORMING AMEND- (j) LIQUIDATION, TERMINATION, OR ACCELERA- curities contracts, commodity contracts, forward MENT.—Section 104 of title 11, United States TION OF SWAP AGREEMENTS.—Section 560 of title contracts, repurchase agreements, swap agree- Code, is amended by adding at the end the fol- 11, United States Code, is amended— ments, or master netting agreements shall apply lowing new subsection:

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‘‘(c) EXCEPTION FOR CERTAIN DEFINED ‘‘(B) cash; and section (b) that is payable to the clerk of the dis- TERMS.—No adjustments shall be made under ‘‘(C) securities. trict court or the clerk of the bankruptcy court this section to the dollar amounts set forth in ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti- upon the commencement of a case under chapter the definition of the term ‘financial participant’ ty’ means— 7 of title 11. in section 101(22A).’’. ‘‘(A) an issuer; or ‘‘(4) In addition to waiving a fee described in SEC. 402. RECORDKEEPING REQUIREMENTS. ‘‘(B) a trust, corporation, partnership, or paragraph (3) under paragraph (2), the district Section 11(e)(8) of the Federal Deposit Insur- other entity engaged exclusively in the business court or the bankruptcy court may waive any ance Act (12 U.S.C. 1821(e)(8)) is amended by of acquiring and transferring eligible assets di- other fee prescribed under subsection (b) or (c) adding at the end the following new subpara- rectly or indirectly to an issuer and taking ac- if the court determines that the individual is un- graph: tions ancillary thereto; able to pay that fee in installments.’’. SEC. 403. DAMAGE MEASURE. ‘‘(4) ISSUER.—The term ‘issuer’ means a trust, SEC. 408. APPLICABILITY. (a) Title 11, United States Code, is amended corporation, partnership, or other entity en- The amendments made by this title shall apply by inserting after section 561 (as added by sec- gaged exclusively in the business of acquiring with respect to cases commenced or appoint- tion 7(k)) the following new section: and holding eligible assets, issuing securities ments made under any Federal or State law backed by eligible assets, and taking actions an- after the date of enactment of this Act. ‘‘§ 561. Damage measure in connection with cillary thereto. swap agreements, securities contracts, for- TITLE V—ANCILLARY AND OTHER CROSS- ‘‘(5) TRANSFERRED.—The term ‘transferred’ BORDER CASES ward contracts, commodity contracts, repur- means the debtor, pursuant to a written agree- chase agreements, or master netting agree- ment, represented and warranted that eligible SEC. 501. AMENDMENT TO ADD A CHAPTER 6 TO ments assets were sold, contributed, or otherwise con- TITLE 11, UNITED STATES CODE. ‘‘If the trustee rejects a swap agreement, secu- veyed with the intention of removing them from (a) IN GENERAL.—Title 11, United States Code, rities contract as defined in section 741 of this the estate of the debtor pursuant to subsection is amended by inserting after chapter 5 the fol- title, forward contract, repurchase agreement, (b)(5), irrespective, without limitation of— lowing: or master netting agreement pursuant to section ‘‘(A) whether the debtor directly or indirectly ‘‘CHAPTER 6—ANCILLARY AND OTHER 365(a) of this title, or if a forward contract mer- obtained or held an interest in the issuer or in CROSS-BORDER CASES chant, stockbroker, financial institution, securi- any securities issued by the issuer; ties clearing agency, repo participant, master ‘‘Sec. ‘‘(B) whether the debtor had an obligation to ‘‘601. Purpose and scope of application. netting agreement participant, or swap partici- repurchase or to service or supervise the serv- pant liquidates, terminates, or accelerates any icing of all or any portion of such eligible assets; ‘‘SUBCHAPTER I—GENERAL PROVISIONS such contract or agreement, damages shall be or ‘‘602. Definitions. measured as of the earlier of— ‘‘(C) the characterization of such sale, con- ‘‘603. International obligations of the United ‘‘(1) the date of such rejection; or tribution, or other conveyance for tax, account- States. ‘‘(2) the date of such liquidation, termination, ing, regulatory reporting, or other purposes.’’. ‘‘604. Commencement of ancillary case. or acceleration.’’. SEC. 405. PROHIBITION ON CERTAIN ACTIONS ‘‘605. Authorization to act in a foreign country. (b) CLAIMS ARISING FROM REJECTION.—Sec- FOR FAILURE TO INCUR FINANCE ‘‘606. Public policy exception. tion 502(g) of title 11, United States Code, is CHARGES. ‘‘607. Additional assistance. amended— Section 106 of the Truth in Lending Act (15 ‘‘608. Interpretation. (1) by designating the existing text as para- U.S.C. 1605) is amended by adding at the end ‘‘SUBCHAPTER II—ACCESS OF FOREIGN graph (1); and the following: REPRESENTATIVES AND CREDITORS TO (2) by adding at the end the following new ‘‘(g) PROHIBITION ON CERTAIN ACTIONS FOR THE COURT paragraph: FAILURE TO INCUR FINANCE CHARGES.—A cred- ‘‘(2) A claim for damages calculated in accord- ‘‘609. Right of direct access. itor may not, solely because a consumer has not ance with section 562 of this title shall be al- ‘‘610. Limited jurisdiction. incurred finance charges in connection with an lowed under subsection (a),(b), or (c) of this sec- ‘‘611. Commencement of bankruptcy case under extension of credit— tion or disallowed under subsection (d) or (e) of section 301 or 303. ‘‘(1) refuse to renew or continue to offer the this section as if such claim had arisen before ‘‘612. Participation of a foreign representative extension of credit to that consumer; or the date of the filing of the petition.’’. in a case under this title. ‘‘(2) charge a fee to that consumer in lieu of ‘‘613. Access of foreign creditors to a case under SEC. 404. ASSET-BACKED SECURITIZATIONS. a finance charge.’’. this title. Section 541 of title 11, United States Code, is SEC. 406. FEES ARISING FROM CERTAIN OWNER- ‘‘614. Notification to foreign creditors con- amended— SHIP INTERESTS. cerning a case under this title. (1) in subsection (b), by striking ‘‘or’’ at the Section 523(a)(16) of title 11, United States end of paragraph (4); ‘‘SUBCHAPTER III—RECOGNITION OF A Code, is amended— (2) by redesignating paragraph (5) of sub- FOREIGN PROCEEDING AND RELIEF (1) by striking ‘‘dwelling’’ the first place it ap- section (b) as paragraph (6); ‘‘615. Application for recognition of a foreign pears; (3) by inserting after paragraph (4) of sub- proceeding. (2) by striking ‘‘ownership or’’ and inserting section (b) the following new paragraph: ‘‘616. Presumptions concerning recognition. ‘‘(5) any eligible asset (or proceeds thereof), to ‘‘ownership,’’; ‘‘617. Order recognizing a foreign proceeding. the extent that such eligible asset was trans- (3) by striking ‘‘housing’’ the first place it ap- ‘‘618. Subsequent information. ferred by the debtor, before the date of com- pears; and ‘‘619. Relief that may be granted upon petition mencement of the case, to an eligible entity in (4) by striking ‘‘but only’’ and all that follows for recognition of a foreign pro- connection with an asset-backed securitization, through ‘‘such period,’’, and inserting ‘‘or a lot ceeding. except to the extent such asset (or proceeds or in a homeowners association, for as long as the ‘‘620. Effects of recognition of a foreign main value thereof) may be recovered by the trustee debtor or the trustee has a legal, equitable, or proceeding. under section 550 by virtue of avoidance under possessory ownership interest in such unit, such ‘‘621. Relief that may be granted upon recogni- section 548(a); or’’; and corporation, or such lot,’’. tion of a foreign proceeding. (4) by adding at the end the following new SEC. 407. BANKRUPTCY FEES. ‘‘622. Protection of creditors and other inter- subsection: Section 1930 of title 28, United States Code, is ested persons. ‘‘(e) DEFINITIONS.—For purposes of this sec- amended— ‘‘623. Actions to avoid acts detrimental to credi- tion, the following definitions shall apply: (1) in subsection (a), by striking ‘‘Notwith- tors. ‘‘(1) ASSET-BACKED SECURITIZATION.—The standing section 1915 of this title, the parties’’ ‘‘624. Intervention by a foreign representative. term ‘asset-backed securitization’ means a and inserting ‘‘Subject to subsection (f), the par- ‘‘SUBCHAPTER IV—COOPERATION WITH transaction in which eligible assets transferred ties’’; and FOREIGN COURTS AND FOREIGN REP- to an eligible entity are used as the source of (2) by adding at the end the following: RESENTATIVES payment on securities, the most senior of which ‘‘(f)(1) The Judicial Conference of the United ‘‘625. Cooperation and direct communication be- are rated investment grade by 1 or more nation- States shall prescribe procedures for waiving tween the court and foreign ally recognized securities rating organizations, fees under this subsection. courts or foreign representatives. issued by an issuer; ‘‘(2) Under the procedures described in para- ‘‘626. Cooperation and direct communication be- ‘‘(2) ELIGIBLE ASSET.—The term ‘eligible asset’ graph (1), the district court or the bankruptcy tween the trustee and foreign means— court may waive a filing fee described in para- courts or foreign representatives. ‘‘(A) financial assets (including interests graph (3) for a case commenced under chapter 7 ‘‘627. Forms of cooperation. therein and proceeds thereof), either fixed or re- of title 11 if the court determines that an indi- volving, including residential and commercial vidual debtor is unable to pay that fee in in- ‘‘SUBCHAPTER V—CONCURRENT mortgage loans, consumer receivables, trade re- stallments. PROCEEDINGS ceivables, and lease receivables, that, by their ‘‘(3) A filing fee referred to in paragraph (2) ‘‘628. Commencement of a case under this title terms, convert into cash within a finite time pe- is— after recognition of a foreign riod, plus any rights or other assets designed to ‘‘(A) a filing fee under subsection (a)(1); or main proceeding. assure the servicing or timely distribution of ‘‘(B) any other fee prescribed by the Judicial ‘‘629. Coordination of a case under this title proceeds to security holders; Conference of the United States under sub- and a foreign proceeding.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 6343 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10781 ‘‘630. Coordination of more than 1 foreign pro- any treaty or other form of agreement to which ‘‘§ 611. Commencement of bankruptcy case ceeding. it is a party with 1 or more other countries, the under section 301 or 303 ‘‘631. Presumption of insolvency based on rec- requirements of the treaty or agreement prevail. ‘‘(a) Upon filing a petition for recognition, a ognition of a foreign main pro- ‘‘§ 604. Commencement of ancillary case foreign representative may commence— ceeding. ‘‘632. Rule of payment in concurrent pro- ‘‘A case under this chapter is commenced by ‘‘(1) an involuntary case under section 303; or ceedings. the filing of a petition for recognition of a for- ‘‘(2) a voluntary case under section 301 or 302, eign proceeding under section 615. ‘‘§ 601. Purpose and scope of application if the foreign proceeding is a foreign main pro- ceeding. ‘‘(a) The purpose of this chapter is to incor- ‘‘§ 605. Authorization to act in a foreign coun- porate the Model Law on Cross-Border Insol- try ‘‘(b) The petition commencing a case under vency so as to provide effective mechanisms for ‘‘A trustee or another entity designated by the subsection (a) of this section must be accom- dealing with cases of cross-border insolvency court may be authorized by the court to act in panied by a statement describing the petition for with the objectives of— a foreign country on behalf of an estate created recognition and its current status. The court ‘‘(1) cooperation between— under section 541. An entity authorized to act where the petition for recognition has been filed ‘‘(A) United States courts, United States under this section may act in any way permitted must be advised of the foreign representative’s Trustees, trustees, examiners, debtors, and debt- by the applicable foreign law. intent to commence a case under subsection (a) ors in possession; and ‘‘§ 606. Public policy exception of this section prior to such commencement. ‘‘(B) the courts and other competent authori- ‘‘(c) A case under subsection (a) shall be dis- ‘‘Nothing in this chapter prevents the court ties of foreign countries involved in cross-border missed unless recognition is granted. from refusing to take an action governed by this insolvency cases; chapter if the action would be manifestly con- ‘‘§ 612. Participation of a foreign representa- ‘‘(2) greater legal certainty for trade and in- trary to the public policy of the United States. tive in a case under this title vestment; ‘‘(3) fair and efficient administration of cross- ‘‘§ 607. Additional assistance ‘‘Upon recognition of a foreign proceeding, border insolvencies that protects the interests of ‘‘(a) Nothing in this chapter limits the power the foreign representative in that proceeding is all creditors, and other interested entities, in- of the court, upon recognition of a foreign pro- entitled to participate as a party in interest in cluding the debtor; ceeding, to provide additional assistance to a a case regarding the debtor under this title. ‘‘(4) protection and maximization of the value foreign representative under this title or under ‘‘§ 613. Access of foreign creditors to a case of the debtor’s assets; and other laws of the United States. under this title ‘‘(5) facilitation of the rescue of financially ‘‘(b) In determining whether to provide addi- troubled businesses, thereby protecting invest- tional assistance under this title or under other ‘‘(a) Foreign creditors have the same rights re- ment and preserving employment. laws of the United States, the court shall con- garding the commencement of, and participation ‘‘(b) This chapter applies where— sider whether such additional assistance, con- in, a case under this title as domestic creditors. ‘‘(1) assistance is sought in the United States sistent with the principles of comity, will rea- ‘‘(b)(1) Subsection (a) of this section does not by a foreign court or a foreign representative in sonably assure— change or codify law in effect on the date of en- connection with a foreign proceeding; ‘‘(1) just treatment of all holders of claims actment of this chapter as to the priority of ‘‘(2) assistance is sought in a foreign country against or interests in the debtor’s property; claims under section 507 or 726, except that the in connection with a case under this title; ‘‘(2) protection of claim holders in the United claim of a foreign creditor under those sections ‘‘(3) a foreign proceeding and a case under States against prejudice and inconvenience in shall not be given a lower priority than the class this title with respect to the same debtor are tak- the processing of claims in such foreign pro- of general unsecured claims without priority ing place concurrently; or ceeding; solely because the holder of such claim is a for- ‘‘(4) creditors or other interested persons in a eign creditor. foreign country have an interest in requesting ‘‘(3) prevention of preferential or fraudulent ‘‘(2)(A) Subsection (a) of this section and the commencement of, or participating in, a case dispositions of property of the debtor; ‘‘(4) distribution of proceeds of the debtor’s paragraph (1) of this subsection do not change or proceeding under this title. ‘‘(c) This chapter does not apply to— property substantially in accordance with the or codify law in effect on the date of enactment ‘‘(1) a proceeding concerning an entity identi- order prescribed by this title; and of this chapter as to the allowability of foreign fied by exclusion in subsection 109(b); or ‘‘(5) if appropriate, the provision of an oppor- revenue claims or other foreign public law ‘‘(2) a natural person or a natural person and tunity for a fresh start for the individual that claims in a proceeding under this title. that person’s spouse who have debts within the such foreign proceeding concerns. ‘‘(B) Allowance and priority as to a foreign limits specified in under section 109(e) and who ‘‘§ 608. Interpretation tax claim or other foreign public law claim shall are citizens of the United States or aliens law- ‘‘In interpreting this chapter, the court shall be governed by any applicable tax treaty of the fully admitted for permanent residence in the consider its international origin, and the need United States, under the conditions and cir- United States. to promote an application of this chapter that is cumstances specified therein. ‘‘SUBCHAPTER I—GENERAL PROVISIONS consistent with the application of similar stat- ‘‘§ 614. Notification to foreign creditors con- ‘‘§ 602. Definitions utes adopted by foreign jurisdictions. cerning a case under this title ‘‘For the purposes of this chapter, the term— ‘‘SUBCHAPTER II—ACCESS OF FOREIGN ‘‘(a) Whenever in a case under this title, no- ‘‘(1) ‘debtor’ means an entity that is the sub- REPRESENTATIVES AND CREDITORS TO tice is to be given to creditors generally or to ject of a foreign proceeding; THE COURT any class or category of creditors, such notice ‘‘(2) ‘establishment’ means any place of oper- ‘‘§ 609. Right of direct access shall also be given to the known creditors gen- ations where the debtor carries out a nontransi- ‘‘(a) A foreign representative is entitled to erally, or to creditors in the notified class or cat- tory economic activity; commence a case under section 604 by filing a egory, that do not have addresses in the United ‘‘(3) ‘foreign court’ means a judicial or other States. The court may order that appropriate authority competent to control or supervise a petition for recognition under section 615, and upon recognition, to apply directly to other Fed- steps be taken with a view to notifying any foreign proceeding; creditor whose address is not yet known. ‘‘(4) ‘foreign main proceeding’ means a foreign eral and State courts for appropriate relief in ‘‘(b) The notification to creditors with foreign proceeding taking place in the country where those courts. addresses described in subsection (a) shall be the debtor has the center of its main interests; ‘‘(b) Upon recognition, and subject to section ‘‘(5) ‘foreign nonmain proceeding’ means a 610, a foreign representative has the capacity to given individually, unless the court considers foreign proceeding, other than a foreign main sue and be sued. that, under the circumstances, some other form proceeding, taking place in a country where the ‘‘(c) Recognition under this chapter is pre- of notification would be more appropriate. No debtor has an establishment; requisite to the granting of comity or coopera- letters rogatory or other similar formality is re- ‘‘(6) ‘trustee’ includes a trustee, a debtor in tion to a foreign proceeding in any State or Fed- quired. possession in a case under any chapter of this eral court in the United States. Any request for ‘‘(c) When a notification of commencement of title, or a debtor under chapters 9 or 13 of this comity or cooperation in any court shall be ac- a case is to be given to foreign creditors, the no- title; and companied by a sworn statement setting forth tification shall— ‘‘(7) ‘within the territorial jurisdiction of the whether recognition under section 615 has been ‘‘(1) indicate the time period for filing proofs United States’ when used with reference to sought and the status of any such petition. of claim and specify the place for their filing; property of a debtor refers to tangible property ‘‘(d) Upon denial of recognition under this ‘‘(2) indicate whether secured creditors need located within the territory of the United States chapter, the court may issue appropriate orders to file their proofs of claim; and and intangible property deemed to be located necessary to prevent an attempt to obtain com- ‘‘(3) contain any other information required to within that territory, including any property ity or cooperation from courts in the United be included in such a notification to creditors that may properly be seized or garnished by an States without such recognition. pursuant to this title and the orders of the action in a Federal or State court in the United ‘‘§ 610. Limited jurisdiction court. States. ‘‘The sole fact that a foreign representative ‘‘(d) Any rule of procedure or order of the ‘‘§ 603. International obligations of the United files a petition under sections 604 and 615 does court as to notice or the filing of a claim shall States not subject the foreign representative to the ju- provide such additional time to creditors with ‘‘To the extent that this chapter conflicts with risdiction of any court in the United States for foreign addresses as is reasonable under the cir- an obligation of the United States arising out of any other purpose. cumstances.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10782 CONGRESSIONAL RECORD — SENATE September 23, 1998 ‘‘SUBCHAPTER III—RECOGNITION OF A representative shall file with the court promptly ‘‘(1) staying the commencement or continu- FOREIGN PROCEEDING AND RELIEF a notice of change of status concerning— ation of individual actions or individual pro- ‘‘§ 615. Application for recognition of a foreign ‘‘(1) any substantial change in the status of ceedings concerning the debtor’s assets, rights, proceeding the foreign proceeding or the status of the for- obligations or liabilities to the extent they have ‘‘(a) A foreign representative applies to the eign representative’s appointment; and not been stayed under section 620(a); court for recognition of the foreign proceeding ‘‘(2) any other foreign proceeding regarding ‘‘(2) staying execution against the debtor’s as- in which the foreign representative has been ap- the debtor that becomes known to the foreign sets to the extent it has not been stayed under pointed by filing a petition for recognition. representative. section 620(a); ‘‘(b) A petition for recognition shall be accom- ‘‘§ 619. Relief that may be granted upon peti- ‘‘(3) suspending the right to transfer, encum- panied by— tion for recognition of a foreign proceeding ber or otherwise dispose of any assets of the ‘‘(1) a certified copy of the decision com- ‘‘(a) From the time of filing a petition for rec- debtor to the extent this right has not been sus- mencing the foreign proceeding and appointing ognition until the petition is decided upon, the pended under section 620(a); the foreign representative; court may, at the request of the foreign rep- ‘‘(4) providing for the examination of wit- ‘‘(2) a certificate from the foreign court af- resentative, where relief is urgently needed to nesses, the taking of evidence or the delivery of firming the existence of the foreign proceeding protect the assets of the debtor or the interests information concerning the debtor’s assets, af- and of the appointment of the foreign represent- of the creditors, grant relief of a provisional na- fairs, rights, obligations or liabilities; ative; or ture, including— ‘‘(3) in the absence of evidence referred to in ‘‘(1) staying execution against the debtor’s as- ‘‘(5) entrusting the administration or realiza- paragraphs (1) and (2), any other evidence ac- sets; tion of all or part of the debtor’s assets within ceptable to the court of the existence of the for- ‘‘(2) entrusting the administration or realiza- the territorial jurisdiction of the United States eign proceeding and of the appointment of the tion of all or part of the debtor’s assets located to the foreign representative or another person, foreign representative. in the United States to the foreign representa- including an examiner, designated by the court; ‘‘(c) A petition for recognition shall also be tive or another person designated by the court, ‘‘(6) extending relief granted under section accompanied by a statement identifying all for- including an examiner, in order to protect and 619(a); and eign proceedings with respect to the debtor that preserve the value of assets that, by their nature are known to the foreign representative. ‘‘(7) granting any additional relief that may ‘‘(d) The documents referred to in paragraphs or because of other circumstances, are perish- be available to a trustee, except for relief avail- (1) and (2) of subsection (b) must be translated able, susceptible to devaluation or otherwise in able under sections 522, 544, 545, 547, 548, 550, into English. The court may require a trans- jeopardy; and and 724(a). ‘‘(3) any relief referred to in paragraph (3), lation into English of additional documents. ‘‘(b) Upon recognition of a foreign proceeding, (4), or (7) of section 621(a). ‘‘§ 616. Presumptions concerning recognition ‘‘(b) Unless extended under section 621(a)(6), whether main or nonmain, the court may, at the ‘‘(a) If the decision or certificate referred to in the relief granted under this section terminates request of the foreign representative, entrust the section 615(b) indicates that the foreign pro- when the petition for recognition is decided distribution of all or part of the debtor’s assets ceeding is a foreign proceeding within the mean- upon. located in the United States to the foreign rep- ing of section 101(23) and that the person or ‘‘(c) It is a ground for denial of relief under resentative or another person, including an ex- body is a foreign representative within the this section that such relief would interfere with aminer, designated by the court, provided that meaning of section 101(24), the court is entitled the administration of a foreign main proceeding. the court is satisfied that the interests of credi- to so presume. ‘‘(d) The court may not enjoin a police or reg- tors in the United States are sufficiently pro- ‘‘(b) The court is entitled to presume that doc- ulatory act of a governmental unit, including a tected. uments submitted in support of the petition for criminal action or proceeding, under this sec- ‘‘(c) In granting relief under this section to a recognition are authentic, whether the docu- tion. representative of a foreign nonmain proceeding, ments have been subjected to legal processing ‘‘(e) The standards, procedures, and limita- the court must be satisfied that the relief relates under applicable law. tions applicable to an injunction shall apply to to assets that, under the law of the United ‘‘(c) In the absence of evidence to the con- relief under this section. States, should be administered in the foreign trary, the debtor’s registered office, or habitual ‘‘§ 620. Effects of recognition of a foreign main nonmain proceeding or concerns information re- residence in the case of an individual, is pre- proceeding quired in that proceeding. sumed to be the center of the debtor’s main in- ‘‘(d) The court may not enjoin a police or reg- terests. ‘‘(a) Upon recognition of a foreign proceeding that is a foreign main proceeding— ulatory act of a governmental unit, including a ‘‘§ 617. Order recognizing a foreign proceeding ‘‘(1) section 362 applies with respect to the criminal action or proceeding, under this sec- ‘‘(a) Subject to section 606, an order recog- debtor and that property of the debtor that is tion. nizing a foreign proceeding shall be entered if— within the territorial jurisdiction of the United ‘‘§ 622. Protection of creditors and other inter- ‘‘(1) the foreign proceeding is a foreign main States; and ested persons proceeding or foreign nonmain proceeding with- ‘‘(2) transfer, encumbrance, or any other dis- in the meaning of section 602 and is a foreign position of an interest of the debtor in property ‘‘(a) In granting or denying relief under sec- proceeding within the meaning of section within the territorial jurisdiction of the United tion 619 or 621, or in modifying or terminating 101(23); States is restrained as and to the extent that is relief under subsection (c) of this section, the ‘‘(2) the person or body applying for recogni- provided for property of an estate under sections court must find that the interests of the credi- tion is a foreign representative within the mean- 363, 549, and 552. tors and other interested persons or entities, in- ing of section 101(24); and cluding the debtor, are sufficiently protected. ‘‘(3) the petition meets the requirements of sec- Unless the court orders otherwise, the foreign tion 615. representative may operate the debtor’s business ‘‘(b) The court may subject relief granted ‘‘(b) The foreign proceeding shall be recog- and may exercise the powers of a trustee under under section 619 or 621 to conditions it con- nized— section 549, subject to sections 363 and 552. siders appropriate. ‘‘(1) as a foreign main proceeding if it is tak- ‘‘(b) The scope, and the modification or termi- ‘‘(c) The court may, at the request of the for- ing place in the country where the debtor has nation, of the stay and restraints referred to in eign representative or an entity affected by re- the center of its main interests; or subsection (a) of this section are subject to the lief granted under section 619 or 621, or at its ‘‘(2) as a foreign nonmain proceeding if the exceptions and limitations provided in sub- own motion, modify or terminate such relief. debtor has an establishment within the meaning sections (b), (c), and (d) of section 362, sub- of section 602 in the foreign country where the sections (b) and (c) of section 363, and sections ‘‘§ 623. Actions to avoid acts detrimental to proceeding is pending. 552, 555 through 557, 559, and 560. creditors ‘‘(c) A petition for recognition of a foreign ‘‘(c) Subsection (a) of this section does not af- ‘‘(a) Upon recognition of a foreign proceeding, proceeding shall be decided upon at the earliest fect the right to commence individual actions or the foreign representative has standing in a possible time. Entry of an order recognizing a proceedings in a foreign country to the extent pending case under another chapter of this title foreign proceeding shall constitute recognition necessary to preserve a claim against the debtor. to initiate actions under sections 522, 544, 545, under this chapter. ‘‘(d) Subsection (a) of this section does not af- 547, 548, 550, and 724(a). fect the right of a foreign representative or an ‘‘(d) The provisions of this subchapter do not ‘‘(b) When the foreign proceeding is a foreign entity to file a petition commencing a case under prevent modification or termination of recogni- nonmain proceeding, the court must be satisfied this title or the right of any party to file claims tion if it is shown that the grounds for granting that an action under subsection (a) of this sec- or take other proper actions in such a case. it were fully or partially lacking or have ceased tion relates to assets that, under United States to exist, but in considering such action the court ‘‘§ 621. Relief that may be granted upon rec- law, should be administered in the foreign shall give due weight to possible prejudice to ognition of a foreign proceeding nonmain proceeding. parties that have relied upon the granting of ‘‘(a) Upon recognition of a foreign proceeding, recognition. The foreign proceeding may be whether main or nonmain, where necessary to ‘‘§ 624. Intervention by a foreign representa- closed in the manner prescribed for a case under effectuate the purpose of this chapter and to tive section 350. protect the assets of the debtor or the interests ‘‘Upon recognition of a foreign proceeding, ‘‘§ 618. Subsequent information of the creditors, the court may, at the request of the foreign representative may intervene in any ‘‘From the time of filing the petition for rec- the foreign representative, grant any appro- proceedings in a State or Federal court in the ognition of the foreign proceeding, the foreign priate relief, including— United States in which the debtor is a party.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10783 ‘‘SUBCHAPTER IV—COOPERATION WITH ‘‘(2) When a case in the United States under ters 7, 11, and 12, to debtors in possession under FOREIGN COURTS AND FOREIGN REP- this title commences after recognition, or after chapters 11 and 12, and to debtors or trustees RESENTATIVES the filing of the petition for recognition, of the under chapters 9 and 13 who are authorized to ‘‘§ 625. Cooperation and direct communication foreign proceeding— act under section 605.’’. between the court and foreign courts or for- ‘‘(A) any relief in effect under sections 619 or (b) DEFINITIONS.—Section 101 of title 11, eign representatives 621 shall be reviewed by the court and shall be United States Code, is amended by striking ‘‘(a) In all matters included within section modified or terminated if inconsistent with the paragraphs (23) and (24) and inserting the fol- 601, the court shall cooperate to the maximum case in the United States; and lowing: extent possible with foreign courts or foreign ‘‘(B) if the foreign proceeding is a foreign ‘‘(23) ‘foreign proceeding’ means a collective representatives, either directly or through the main proceeding, the stay and suspension re- judicial or administrative proceeding in a for- trustee. ferred to in section 620(a) shall be modified or eign state, including an interim proceeding, pur- ‘‘(b) The court is entitled to communicate di- terminated if inconsistent with the case in the suant to a law relating to insolvency in which rectly with, or to request information or assist- United States. proceeding the assets and affairs of the debtor ance directly from, foreign courts or foreign rep- ‘‘(3) In granting, extending, or modifying re- are subject to control or supervision by a foreign resentatives, subject to the rights of parties in lief granted to a representative of a foreign court, for the purpose of reorganization or liq- interest to notice and participation. nonmain proceeding, the court must be satisfied uidation; ‘‘§ 626. Cooperation and direct communication that the relief relates to assets that, under the ‘‘(24) ‘foreign representative’ means a person between the trustee and foreign courts or law of the United States, should be administered or body, including 1 appointed on an interim foreign representatives in the foreign nonmain proceeding or concerns basis, authorized in a foreign proceeding to ad- ‘‘(a) In all matters included in section 601, the information required in that proceeding. minister the reorganization or the liquidation of ‘‘(4) In achieving cooperation and coordina- trustee or other person, including an examiner, the debtor’s assets or affairs or to act as a rep- tion under sections 628 and 629, the court may designated by the court, shall, subject to the su- resentative of the foreign proceeding;’’. pervision of the court, cooperate to the max- grant any of the relief authorized under section (c) AMENDMENTS TO TITLE 28, UNITED STATES imum extent possible with foreign courts or for- 305. CODE.— eign representatives. ‘‘§ 630. Coordination of more than 1 foreign (1) PROCEDURES.—Section 157(b)(2) of title 28, ‘‘(b) The trustee or other person, including an proceeding United States Code, is amended— examiner, designated by the court is entitled, ‘‘In matters referred to in section 601, with re- (A) in subparagraph (N), by striking ‘‘and’’ at subject to the supervision of the court, to com- spect to more than one foreign proceeding re- the end; municate directly with foreign courts or foreign garding the debtor, the court shall seek coopera- (B) in subparagraph (O), by striking the pe- representatives. tion and coordination under sections 625, 626, riod at the end and inserting ‘‘; and’’; and ‘‘(c) Section 1104(d) shall apply to the ap- and 627, and the following shall apply: (C) by adding at the end the following: pointment of an examiner under this chapter. ‘‘(1) Any relief granted under section 619 or ‘‘(P) recognition of foreign proceedings and Any examiner shall comply with the qualifica- 621 to a representative of a foreign nonmain other matters under chapter 6.’’. tion requirements imposed on a trustee by sec- proceeding after recognition of a foreign main (2) BANKRUPTCY CASES AND PROCEEDINGS.— tion 322(a). proceeding must be consistent with the foreign Section 1334(c) of title 28, United States Code, is ‘‘§ 627. Forms of cooperation main proceeding. amended by striking ‘‘Nothing in’’ and inserting ‘‘Except with respect to a case under chapter 6 ‘‘Cooperation referred to in sections 625 and ‘‘(2) If a foreign main proceeding is recognized of title 11, nothing in’’. 626 may be implemented by any appropriate after recognition, or after the filing of a petition (3) DUTIES OF TRUSTEES.—Section 586(a)(3) of means, including— for recognition, of a foreign nonmain pro- ‘‘(1) appointment of a person or body, includ- ceeding, any relief in effect under section 619 or title 28, United States Code, is amended by in- ing an examiner, to act at the direction of the 621 shall be reviewed by the court and shall be serting ‘‘6,’’ after ‘‘chapter’’. court; modified or terminated if inconsistent with the TITLE VI—MISCELLANEOUS ‘‘(2) communication of information by any foreign main proceeding. SEC. 601. EXECUTORY CONTRACTS AND UNEX- means considered appropriate by the court; ‘‘(3) If, after recognition of a foreign nonmain PIRED LEASES. ‘‘(3) coordination of the administration and proceeding, another foreign nonmain proceeding Section 365(d)(4) of title 11, United States supervision of the debtor’s assets and affairs; is recognized, the court shall grant, modify, or Code, is amended to read as follows: ‘‘(4) approval or implementation of agreements terminate relief for the purpose of facilitating ‘‘(4)(A) Subject to subparagraph (B), in any concerning the coordination of proceedings; and coordination of the proceedings. case under any chapter of this title, an unex- ‘‘(5) coordination of concurrent proceedings pired lease of nonresidential real property under regarding the same debtor. ‘‘§ 631. Presumption of insolvency based on recognition of a foreign main proceeding which the debtor is the lessee shall be deemed ‘‘SUBCHAPTER V—CONCURRENT rejected and the trustee shall immediately sur- PROCEEDINGS ‘‘In the absence of evidence to the contrary, recognition of a foreign main proceeding is for render that nonresidential real property to the ‘‘§ 628. Commencement of a case under this the purpose of commencing a proceeding under lessor if the trustee does not assume or reject the title after recognition of a foreign main pro- section 303, proof that the debtor is generally unexpired lease by the earlier of— ceeding not paying its debts. ‘‘(i) the date that is 120 days after the date of ‘‘After recognition of a foreign main pro- the order for relief; or ceeding, a case under another chapter of this ‘‘§ 632. Rule of payment in concurrent pro- ‘‘(ii) the date of the entry of an order con- title may be commenced only if the debtor has ceedings firming a plan. assets in the United States. The effects of that ‘‘Without prejudice to secured claims or rights ‘‘(B) The court may extend the period deter- case shall be restricted to the assets of the debt- in rem, a creditor who has received payment mined under subparagraph (A) only upon a mo- or that are within the territorial jurisdiction of with respect to its claim in a foreign proceeding tion of the lessor.’’. the United States and, to the extent necessary to pursuant to a law relating to insolvency may SEC. 602. EXPEDITED APPEALS OF BANKRUPTCY implement cooperation and coordination under not receive a payment for the same claim in a CASES TO COURTS OF APPEALS. sections 625, 626, and 627, to other assets of the case under any other chapter of this title re- (a) IN GENERAL.—Section 158 of title 28, debtor that are within the jurisdiction of the garding the debtor, so long as the payment to United States Code, is amended— court under sections 541(a) and 1334(e), to the other creditors of the same class is proportion- (1) by redesignating subsection (d) as sub- extent that such other assets are not subject to ately less than the payment the creditor has al- section (e); the jurisdiction and control of a foreign pro- ready received.’’. (2) by inserting after subsection (c) the fol- ceeding that has been recognized under this (b) CLERICAL AMENDMENT.—The table of lowing new subsection: chapter. chapters for title 11, United States Code, is ‘‘(d)(1) Any final judgment, decision, order, or ‘‘§ 629. Coordination of a case under this title amended by inserting after the item relating to decree of a bankruptcy judge entered for a case and a foreign proceeding chapter 5 the following: in accordance with section 157 may be appealed ‘‘Where a foreign proceeding and a case under ‘‘6. Ancillary and Other Cross-Border by any party in such case to the appropriate another chapter of this title are taking place Cases ...... 601’’. court of appeals if— concurrently regarding the same debtor, the SEC. 502. AMENDMENTS TO OTHER CHAPTERS IN ‘‘(A) an appeal from such judgment, decision, court shall seek cooperation and coordination TITLE 11, UNITED STATES CODE. order, or decree is first filed with the appro- under sections 625, 626, and 627, and the fol- (a) APPLICABILITY OF CHAPTERS.—Section 103 priate district court of the United States; and lowing shall apply: of title 11, United States Code, is amended— ‘‘(B) the decision on the appeal described ‘‘(1) When the case in the United States is (1) in subsection (a), by inserting before the under subparagraph (A) is not filed by a district taking place at the time the petition for recogni- period the following: ‘‘and this chapter, sections court judge within 30 days after the date such tion of the foreign proceeding is filed— 307, 555 through 557, 559, and 560 apply in a appeal is filed with the district court. ‘‘(A) any relief granted under sections 619 or case under chapter 6’’; and ‘‘(2) On the date that an appeal is filed with 621 must be consistent with the case in the (2) by adding at the end the following: a court of appeals under paragraph (1), the United States; and ‘‘(j) Chapter 6 applies only in a case under chief judge for such court of appeals shall issue ‘‘(B) even if the foreign proceeding is recog- that chapter, except that section 605 applies to an order to the clerk for the district court from nized as a foreign main proceeding, section 620 trustees and to any other entity designated by which the appeal is filed. Such order shall direct does not apply. the court, including an examiner, under chap- the clerk to enter the final judgment, decision,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10784 CONGRESSIONAL RECORD — SENATE September 23, 1998 order, or decree of the bankruptcy judge as the ‘‘(I) Notwithstanding section 545 (2) and (3) of SEC. 707. SPECIAL TAX PROVISIONS. final judgment, decision, order, or decree of the this title, the trustee may not avoid a Section 346(g)(1)(C) of title 11, United States district court.’’; and warehouseman’s lien for storage, transportation Code, is amended by striking ‘‘, except’’ and all (3) in subsection (e), (as redesignated by para- or other costs incidental to the storage and han- that follows through ‘‘1986’’. graph (1) of this section) by striking ‘‘sub- dling of goods, as provided by section 7–209 of SEC. 708. EFFECT OF CONVERSION. sections (a) and (b)’’ and inserting ‘‘subsections the Uniform Commercial Code.’’. Section 348(f)(2) of title 11, United States (a), (b), and (d)’’. SEC. 608. AMENDMENT TO SECTION 330(a) OF Code, is amended by inserting ‘‘of the estate’’ (b) TECHNICAL AND CONFORMING AMEND- TITLE 11, UNITED STATES CODE. after ‘‘property’’ the first place it appears. MENTS.— Section 330(a) of title 11, United States Code, SEC. 709. AUTOMATIC STAY. (1) Section 305(c) of title 11, United States is amended— Section 362(b) of title 11, United States Code, Code, is amended by striking ‘‘section 158(d)’’ (1) in subsection (3)(A) after the word as amended by sections 326 and 401 of this Act, and inserting ‘‘section 158(e)’’. ‘‘awarded’’, by inserting ‘‘to an examiner, chap- is amended— (2) Section 1334(d) of title 28, United States ter 11 trustee, or professional person’’; and (1) in paragraph (21), by striking ‘‘or’’ at the Code, is amended by striking ‘‘section 158(d)’’ (2) by adding at the end of subsection (3)(A) end; and inserting ‘‘section 158(e)’’. the following: (2) in paragraph (22), by striking the period at (3) Section 1452(b) of title 28, United States ‘‘(3)(B) In determining the amount of reason- the end and inserting a semicolon; and Code, is amended by striking ‘‘section 158(d)’’ able compensation to be awarded a trustee, the (3) by inserting after paragraph (22) the fol- and inserting ‘‘section 158(e)’’. court shall treat such compensation as a com- lowing: SEC. 603. CREDITORS AND EQUITY SECURITY mission based on the results achieved.’’. ‘‘(23) under subsection (a) of this section of any transfer that is not avoidable under section HOLDERS COMMITTEES. TITLE VII—TECHNICAL CORRECTIONS Section 1102(a)(2) of title 11, United States 544 and that is not avoidable under section 549; Code, is amended by inserting before the first SEC. 701. DEFINITIONS. ‘‘(24) under subsection (a)(3) of this section, of sentence the following: ‘‘On its own motion or Section 101 of title 11, United States Code, as the continuation of any eviction, unlawful de- on request of a party in interest, and after no- amended by section 317, is amended— tainer action, or similar proceeding by a lessor tice and hearing, the court may order a change (1) by striking ‘‘In this title—’’ and inserting against a debtor involving residential real prop- in the membership of a committee appointed ‘‘In this title:’’; erty in which the debtor resides as a tenant under this subsection, if the court determines (2) in each paragraph, by inserting ‘‘The under a rental agreement and the debtor has that the change is necessary to ensure adequate term’’ after the paragraph designation; not paid rent to the lessor pursuant to the terms representation of creditors or equity security (3) in paragraph (35)(B), by striking ‘‘para- of the lease agreement or applicable State law holders.’’. graphs (21B) and (33)(A)’’ and inserting ‘‘para- after the commencement and during the course graphs (23) and (35)’’; of the case; SEC. 604. REPEAL OF SUNSET PROVISION. (4) in each of paragraphs (35A) and (38), by ‘‘(25) under subsection (a)(3) of this section, of Section 302 of the Bankruptcy Judges, United striking ‘‘; and’’ at the end and inserting a pe- the commencement or continuation of any evic- States Trustees, and Family Farmer Bankruptcy riod; tion, unlawful detainer action, or similar pro- Act of 1986 (28 U.S.C. 581 note) is amended by (5) in paragraph (51B)— ceeding by a lessor against a debtor involving striking subsection (f). (A) by inserting ‘‘who is not a family farmer’’ residential real property in which the debtor re- SEC. 605. CASES ANCILLARY TO FOREIGN PRO- after ‘‘debtor’’ the first place it appears; and sides as a tenant under a rental agreement that CEEDINGS. (B) by striking ‘‘thereto having aggregate’’ has terminated pursuant to the lease agreement Section 304 of title 11, United States Code, as and all that follows through the end of the or applicable State law; amended by section 410 of this Act, is amended paragraph; ‘‘(26) under subsection (a)(3) of this section, of by adding at the end the following: (6) by amending paragraph (54) to read as fol- any eviction, unlawful detainer action, or ‘‘(e)(1) In this subsection— lows: similiar proceeding, if the debtor has previously ‘‘(A) the term ‘domestic insurance company’ ‘‘(54) The term ‘transfer’ means— filed within the last year and failed to pay post- means a domestic insurance company, as that ‘‘(A) the creation of a lien; petition rent during the course of that case; or term is used in section 109(b)(2); ‘‘(B) the retention of title as a security inter- ‘‘(27) under subsection (a)(3) of this section, of ‘‘(B) the term ‘foreign insurance company’ est; eviction actions based on endangerment to prop- means a foreign insurance company, as that ‘‘(C) the foreclosure of a debtor’s equity of re- erty or person or the use of illegal drugs.’’. term is used in section 109(b)(3); demption; or SEC. 710. AMENDMENT TO TABLE OF SECTIONS. ‘‘(C) the term ‘United States claimant’ means ‘‘(D) each mode, direct or indirect, absolute or The table of sections for chapter 5 of title 11, a beneficiary of any deposit referred to in para- conditional, voluntary or involuntary, of dis- United States Code, is amended by striking the graph (2)(A) or any multibeneficiary trust re- posing of or parting with— item relating to section 556 and inserting the fol- ferred to in subparagraph (B) or (C) of para- ‘‘(i) property; or lowing: graph (2); ‘‘(ii) an interest in property;’’; ‘‘556. Contractual right to liquidate a commod- ‘‘(D) the term ‘United States creditor’ means, (7) in each of paragraphs (1) through (35), in ities contract or forward con- with respect to a foreign insurance company— each of paragraphs (36) and (37), and in each of tract.’’. ‘‘(i) a United States claimant; or paragraphs (40) through (56A) (including para- ‘‘(ii) any business entity that operates in the SEC. 711. ALLOWANCE OF ADMINISTRATIVE EX- graph (54), as amended by paragraph (6) of this PENSES. United States and that is a creditor; and section), by striking the semicolon at the end Section 503(b)(4) of title 11, United States ‘‘(E) the term ‘United States policyholder’ and inserting a period; and Code, is amended by inserting ‘‘subparagraph means a holder of an insurance policy issued in (8) by redesignating paragraphs (4) through (A), (B), (C), (D), or (E) of’’ before ‘‘paragraph the United States. (56A) in entirely numerical sequence, so as to re- (3)’’. ‘‘(2) Notwithstanding subsections (b) and (c), sult in numerical paragraph designations of (4) the court may not grant relief under subsection SEC. 712. PRIORITIES. through (77), respectively. (b) to a foreign insurance company that is not Section 507(a) of title 11, United States Code, engaged in the business of insurance or reinsur- SEC. 702. ADJUSTMENT OF DOLLAR AMOUNTS. as amended by section 323 of this Act, is amend- ance in the United States with respect to any Section 104 of title 11, United States Code, is ed— (1) in paragraph (3)(B), by striking the semi- claim made by a United States creditor amended by inserting ‘‘522(f)(3), 707(b)(5),’’ after colon at the end and inserting a period; and against— ‘‘522(d),’’ each place it appears. (2) in paragraph (7), by inserting ‘‘unsecured’’ ‘‘(A) a deposit required by an applicable State SEC. 703. EXTENSION OF TIME. after ‘‘allowed’’. insurance law; Section 108(c)(2) of title 11, United States ‘‘(B) a multibeneficiary trust required by an Code, is amended by striking ‘‘922’’ and all that SEC. 713. EXEMPTIONS. applicable State insurance law to protect United follows through ‘‘or’’, and inserting ‘‘922, 1201, Section 522 of title 11, United States Code, as States policyholders or claimants against a for- or’’. amended by section 320 of this Act, is amended— (1) in subsection (f)(1)(A)(ii)(II)— eign insurance company; or SEC. 704. WHO MAY BE A DEBTOR. (A) by striking ‘‘includes a liability designated ‘‘(C) a multibeneficiary trust authorized Section 109(b)(2) of title 11, United States as’’ and inserting ‘‘is for a liability that is des- under an applicable State insurance law to Code, is amended by striking ‘‘subsection (c) or ignated as, and is actually in the nature of,’’; allow a domestic insurance company that cedes (d) of’’. and reinsurance to the debtor to reflect the reinsur- SEC. 705. PENALTY FOR PERSONS WHO NEG- (B) by striking ‘‘, unless’’ and all that follows ance as an asset or deduction from liability in LIGENTLY OR FRAUDULENTLY PRE- through ‘‘support’’; and the ceding insurer’s financial statements.’’. PARE BANKRUPTCY PETITIONS. (2) in subsection (g)(2), by striking ‘‘sub- SEC. 606. LIMITATION. Section 110(j)(3) of title 11, United States section (f)(2)’’ and inserting ‘‘subsection Section 546(c)(1)(B) of title 11, United States Code, is amended by striking ‘‘attorney’s’’ and (f)(1)(B)’’. Code, is amended by striking ‘‘20’’ and inserting inserting ‘‘attorneys’ ’’. SEC. 714. EXCEPTIONS TO DISCHARGE. ‘‘45’’. SEC. 706. LIMITATION ON COMPENSATION OF Section 523 of title 11, United States Code, is SEC. 607. AMENDMENT TO SECTION 546 OF TITLE PROFESSIONAL PERSONS. amended— 11, UNITED STATES CODE. Section 328(a) of title 11, United States Code, (1) in subsection (a)(3), by striking ‘‘or (6)’’ Section 546 of title 11, United States Code, is is amended by inserting ‘‘on a fixed or percent- each place it appears and inserting ‘‘(6), or amended by inserting at the end thereof: age fee basis,’’ after ‘‘hourly basis,’’. (15)’’;

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10785 (2) as amended by section 304(e) of Public Law ‘‘(i) the trustee elected under paragraph (1) debtor under such security agreement, lease, or 103–394 (108 Stat. 4133), in paragraph (15), by shall be considered to have been selected and conditional sale contract; and transferring such paragraph so as to insert it appointed for purposes of this section; and ‘‘(B) any default, other than a default of a after paragraph (14) of subsection (a); ‘‘(ii) the service of any trustee appointed kind described in section 365(b)(2), under such (3) in subsection (a)(9), by inserting under subsection (d) shall terminate. security agreement, lease, or conditional sale ‘‘, watercraft, or aircraft’’ after ‘‘motor vehi- ‘‘(B) In the case of any dispute arising out of contract— cle’’; an election under subparagraph (A), the court ‘‘(i) that occurs before the date of commence- (4) in subsection (a)(15), as so redesignated by shall resolve the dispute.’’. ment of the case and is an event of default paragraph (2) of this subsection, by inserting SEC. 724. ABANDONMENT OF RAILROAD LINE. therewith is cured before the expiration of such ‘‘to a spouse, former spouse, or child of the debt- Section 1170(e)(1) of title 11, United States 60-day period; or and’’ after ‘‘(15)’’; Code, is amended by striking ‘‘section 11347’’ ‘‘(ii) that occurs or becomes an event of de- (5) in subsection (a)(17)— and inserting ‘‘section 11326(a)’’. fault after the date of commencement of the case (A) by striking ‘‘by a court’’ and inserting SEC. 725. CONTENTS OF PLAN. and before the expiration of such 60-day period ‘‘on a prisoner by any court’’; Section 1172(c)(1) of title 11, United States is cured before the later of— (B) by striking ‘‘section 1915 (b) or (f)’’ and Code, is amended by striking ‘‘section 11347’’ inserting ‘‘subsection (b) or (f)(2) of section ‘‘(I) the date that is 30 days after the date of and inserting ‘‘section 11326(a)’’. 1915’’; and the default or event of the default; or (C) by inserting ‘‘(or a similar non-Federal SEC. 726. DISCHARGE UNDER CHAPTER 12. ‘‘(II) the expiration of such 60-day period; law)’’ after ‘‘title 28’’ each place it appears; and Subsections (a) and (c) of section 1228 of title and (6) in subsection (e), by striking ‘‘a insured’’ 11, United States Code, are amended by striking ‘‘(iii) that occurs on or after the expiration of and inserting ‘‘an insured’’. ‘‘1222(b)(10)’’ each place it appears and insert- such 60-day period is cured in accordance with ing ‘‘1222(b)(9)’’. SEC. 715. EFFECT OF DISCHARGE. the terms of such security agreement, lease, or Section 524(a)(3) of title 11, United States SEC. 727. EXTENSIONS. conditional sale contract, if cure is permitted Code, is amended by striking ‘‘section 523’’ and Section 302(d)(3) of the Bankruptcy, Judges, under that agreement, lease, or conditional sale all that follows through ‘‘or that’’ and inserting United States Trustees, and Family Farmer contract. ‘‘section 523, 1228(a)(1), or 1328(a)(1) of this Bankruptcy Act of 1986 (28 U.S.C. 581 note) is ‘‘(2) The equipment described in this para- title, or that’’. amended— graph— (1) in subparagraph (A), in the matter fol- SEC. 716. PROTECTION AGAINST DISCRIMINA- ‘‘(A) is rolling stock equipment or accessories TORY TREATMENT. lowing clause (ii), by striking ‘‘or October 1, used on rolling stock equipment, including su- Section 525(c) of title 11, United States Code, 2002, whichever occurs first’’; and perstructures or racks, that is subject to a secu- is amended— (2) in subparagraph (F)— rity interest granted by, leased to, or condi- (1) in paragraph (1), by inserting ‘‘student’’ (A) in clause (i)— tionally sold to a debtor; and (i) in subclause (II), by striking ‘‘or October 1, before ‘‘grant’’ the second place it appears; and ‘‘(B) includes all records and documents relat- 2002, whichever occurs first’’; and (2) in paragraph (2), by striking ‘‘the program ing to such equipment that are required, under (ii) in the matter following subclause (II), by operated under part B, D, or E of’’ and insert- the terms of the security agreement, lease, or striking ‘‘October 1, 2003, or’’; and ing ‘‘any program operated under’’. conditional sale contract, that is to be surren- (B) in clause (ii), in the matter following sub- dered or returned by the debtor in connection SEC. 717. PROPERTY OF THE ESTATE. clause (II)— with the surrender or return of such equipment. Section 541(b)(4)(B)(ii) of title 11, United (i) by striking ‘‘before October 1, 2003, or’’; States Code, is amended by inserting ‘‘365 or’’ and ‘‘(3) Paragraph (1) applies to a secured party, before ‘‘542’’. (ii) by striking ‘‘, whichever occurs first’’. lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf SEC. 718. PREFERENCES. SEC. 728. BANKRUPTCY CASES AND PRO- Section 547 of title 11, United States Code, is CEEDINGS. of another party. amended— Section 1334(d) of title 28, United States Code, ‘‘(b) The trustee and the secured party, lessor, (1) in subsection (b), by striking ‘‘subsection is amended— or conditional vendor whose right to take pos- (c)’’ and inserting ‘‘subsections (c) and (h)’’; (1) by striking ‘‘made under this subsection’’ session is protected under subsection (a) may and and inserting ‘‘made under subsection (c)’’; and agree, subject to the court’s approval, to extend (2) by adding at the end the following: (2) by striking ‘‘This subsection’’ and insert- the 60-day period specified in subsection (a)(1). ‘‘(h) If the trustee avoids under subsection (b) ing ‘‘Subsection (c) and this subsection’’. ‘‘(c)(1) In any case under this chapter, the a security interest given between 90 days and 1 SEC. 729. KNOWING DISREGARD OF BANKRUPTCY trustee shall immediately surrender and return year before the date of the filing of the petition, LAW OR RULE. to a secured party, lessor, or conditional vendor, by the debtor to an entity that is not an insider Section 156(a) of title 18, United States Code, described in subsection (a)(1), equipment de- for the benefit of a creditor that is an insider, is amended— scribed in subsection (a)(2), if at any time after such security interest shall be considered to be (1) in the first undesignated paragraph— the date of commencement of the case under this avoided under this section only with respect to (A) by inserting ‘‘(1) the term’’ before ‘‘ ‘bank- chapter such secured party, lessor, or condi- the creditor that is an insider.’’. ruptcy’’; and tional vendor is entitled pursuant to subsection SEC. 719. POSTPETITION TRANSACTIONS. (B) by striking the period at the end and in- (a)(1) to take possession of such equipment and Section 549(c) of title 11, United States Code, serting ‘‘; and’’; and makes a written demand for such possession of is amended— (2) in the second undesignated paragraph— the trustee. (1) by inserting ‘‘an interest in’’ after ‘‘trans- (A) by inserting ‘‘(2) the term’’ before ‘‘ ‘docu- ‘‘(2) At such time as the trustee is required fer of’’; ment’’; and under paragraph (1) to surrender and return (2) by striking ‘‘such property’’ and inserting (B) by striking ‘‘this title’’ and inserting ‘‘title equipment described in subsection (a)(2), any ‘‘such real property’’; and 11’’. lease of such equipment, and any security (3) by striking ‘‘the interest’’ and inserting SEC. 730. ROLLING STOCK EQUIPMENT. agreement or conditional sale contract relating ‘‘such interest’’. (a) IN GENERAL.—Section 1168 of title 11, to such equipment, if such security agreement or SEC. 720. TECHNICAL AMENDMENT. United States Code, is amended to read as fol- conditional sale contract is an executory con- Section 552(b)(1) of title 11, United States lows: tract, shall be deemed rejected. Code, is amended by striking ‘‘product’’ each ‘‘§ 1168. Rolling stock equipment. ‘‘(d) With respect to equipment first placed in place it appears and inserting ‘‘products’’. service on or prior to October 22, 1994, for pur- ‘‘(a)(1) The right of a secured party with a se- poses of this section— SEC. 721. DISPOSITION OF PROPERTY OF THE ES- curity interest in or of a lessor or conditional TATE. vendor of equipment described in paragraph (2) ‘‘(1) the term ‘lease’ includes any written Section 726(b) of title 11, United States Code, to take possession of such equipment in compli- agreement with respect to which the lessor and is amended by striking ‘‘1009,’’. ance with an equipment security agreement, the debtor, as lessee, have expressed in the SEC. 722. GENERAL PROVISIONS. lease, or conditional sale contract, and to en- agreement or in a substantially contempora- Section 901(a) of title 11, United States Code, force any of its other rights or remedies under neous writing that the agreement is to be treated as amended by section 408, is amended by insert- such security agreement, lease, or conditional as a lease for Federal income tax purposes; and ing ‘‘1123(d),’’ after ‘‘1123(b),’’. sale contract, to sell, lease, or otherwise retain ‘‘(2) the term ‘security interest’ means a pur- SEC. 723. APPOINTMENT OF ELECTED TRUSTEE. or dispose of such equipment, is not limited or chase-money equipment security interest. Section 1104(b) of title 11, United States Code, otherwise affected by any other provision of this ‘‘(e) With respect to equipment first placed in is amended— title or by any power of the court, except that service after October 22, 1994, for purposes of (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and that right to take possession and enforce those this section, the term ‘rolling stock equipment’ (2) by adding at the end the following: other rights and remedies shall be subject to sec- includes rolling stock equipment that is substan- ‘‘(2)(A) If an eligible, disinterested trustee is tion 362, if— tially rebuilt and accessories used on such elected at a meeting of creditors under para- ‘‘(A) before the date that is 60 days after the equipment.’’. graph (1), the United States trustee shall file a date of commencement of a case under this (b) AIRCRAFT EQUIPMENT AND VESSELS.—Sec- report certifying that election. Upon the filing chapter, the trustee, subject to the court’s ap- tion 1110 of title 11, United States Code, is of a report under the preceding sentence— proval, agrees to perform all obligations of the amended to read as follows:

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10786 CONGRESSIONAL RECORD — SENATE September 23, 1998 ‘‘§ 1110. Aircraft equipment and vessels vendor is entitled pursuant to subsection (a)(1) with the Attorney General, the Director of the ‘‘(a)(1) Except as provided in paragraph (2) to take possession of such equipment and makes Administrative Office of United States Trustees, and subject to subsection (b), the right of a se- a written demand for such possession to the and the Director of the Administrative Office of cured party with a security interest in equip- trustee. the United States Courts, shall— ment described in paragraph (3), or of a lessor ‘‘(2) At such time as the trustee is required (1) conduct a study to determine— or conditional vendor of such equipment, to take under paragraph (1) to surrender and return (A) the internal and external factors that possession of such equipment in compliance with equipment described in subsection (a)(3), any cause small businesses, especially sole propri- a security agreement, lease, or conditional sale lease of such equipment, and any security etorships, to become debtors in cases under title contract, and to enforce any of its other rights agreement or conditional sale contract relating 11 of the United States Code and that cause cer- or remedies, under such security agreement, to such equipment, if such security agreement or tain small businesses to successfully complete lease, or conditional sale contract, to sell, lease, conditional sale contract is an executory con- cases under chapter 11 of such title; and (B) how Federal laws relating to bankruptcy or otherwise retain or dispose of such equip- tract, shall be deemed rejected. may be made more effective and efficient in as- ment, is not limited or otherwise affected by any ‘‘(d) With respect to equipment first placed in sisting small businesses to remain viable; and other provision of this title or by any power of service on or before October 22, 1994, for pur- (2) submit to the President pro tempore of the the court. poses of this section— Senate and the Speaker of the House of Rep- ‘‘(2) The right to take possession and to en- ‘‘(1) the term ‘lease’ includes any written resentatives a report summarizing that study. force the other rights and remedies described in agreement with respect to which the lessor and paragraph (1) shall be subject to section 362 if— the debtor, as lessee, have expressed in the SEC. 733. TRANSFERS MADE BY NONPROFIT CHARITABLE CORPORATIONS. ‘‘(A) before the date that is 60 days after the agreement or in a substantially contempora- (a) SALE OF PROPERTY OF ESTATE.—Section date of the order for relief under this chapter, neous writing that the agreement is to be treated 363(d) of title 11, United States Code, is amend- the trustee, subject to the approval of the court, as a lease for Federal income tax purposes; and ed— agrees to perform all obligations of the debtor ‘‘(2) the term ‘security interest’ means a pur- chase-money equipment security interest.’’. (1) by striking ‘‘only’’ and all that follows under such security agreement, lease, or condi- through the end of the subsection and inserting SEC. 731. CURBING ABUSIVE FILINGS. tional sale contract; and ‘‘only— (a) IN GENERAL.—Section 362(d) of title 11, ‘‘(B) any default, other than a default of a ‘‘(1) in accordance with applicable nonbank- United States Code, is amended— kind specified in section 365(b)(2), under such ruptcy law that governs the transfer of property (1) in paragraph (2), by striking ‘‘or’’ at the security agreement, lease, or conditional sale by a corporation or trust that is not a moneyed, end; contract— business, or commercial corporation or trust; (2) in paragraph (3), by striking the period at ‘‘(i) that occurs before the date of the order is and cured before the expiration of such 60-day pe- the end and inserting ‘‘; or’’; and ‘‘(2) to the extent not inconsistent with any riod; (3) by adding at the end the following: relief granted under subsection (c), (d), (e), or ‘‘(4) with respect to a stay of an act against ‘‘(ii) that occurs after the date of the order (f) of section 362’’. and before the expiration of such 60-day period real property under subsection (a), by a creditor (b) CONFIRMATION OF PLAN FOR REORGANIZA- is cured before the later of— whose claim is secured by an interest in such TION.—Section 1129(a) of title 11, United States ‘‘(I) the date that is 30 days after the date of real estate, if the court finds that the filing of Code, is amended by adding at the end the fol- the default; or the bankruptcy petition was part of a scheme to lowing: ‘‘(II) the expiration of such 60-day period; delay, hinder, and defraud creditors that in- ‘‘(14) All transfers of property of the plan and volved either— shall be made in accordance with any applicable ‘‘(iii) that occurs on or after the expiration of ‘‘(A) transfer of all or part ownership of, or provisions of nonbankruptcy law that govern such 60-day period is cured in compliance with other interest in, the real property without the the transfer of property by a corporation or the terms of such security agreement, lease, or consent of the secured creditor or court ap- trust that is not a moneyed, business, or com- conditional sale contract, if a cure is permitted proval; or mercial corporation or trust.’’. under that agreement, lease, or contract. ‘‘(B) multiple bankruptcy filings affecting the (c) TRANSFER OF PROPERTY.—Section 541 of ‘‘(3) The equipment described in this para- real property. title 11, United States Code, is amended by add- graph— If recorded in compliance with applicable State ing at the end the following: ‘‘(A) is— laws governing notices of interests or liens in ‘‘(e) Notwithstanding any other provision of ‘‘(i) an aircraft, aircraft engine, propeller, ap- real property, an order entered pursuant to this this title, property that is held by a debtor that pliance, or spare part (as defined in section subsection shall be binding in any other case is a corporation described in section 501(c)(3) of 40102 of title 49) that is subject to a security in- under this title purporting to affect the real the Internal Revenue Code of 1986 and exempt terest granted by, leased to, or conditionally property filed not later than 2 years after that from tax under section 501(a) of such Code may sold to a debtor that, at the time such trans- recording, except that a debtor in a subsequent be transferred to an entity that is not such a action is entered into, holds an air carrier oper- case may move for relief from such order based corporation, but only under the same conditions ating certificate issued pursuant to chapter 447 upon changed circumstances or for good cause as would apply if the debtor had not filed a case of title 49 for aircraft capable of carrying 10 or shown, after notice and a hearing.’’. under this title.’’. more individuals or 6,000 pounds or more of (b) AUTOMATIC STAY.—Section 362(b) of title (d) APPLICABILITY.—The amendments made by cargo; or 11, United States Code, as amended by section this section shall apply to a case pending under ‘‘(ii) a documented vessel (as defined in sec- 709, is amended— title 11, United States Code, on the date of en- tion 30101(1) of title 46) that is subject to a secu- (1) in paragraph (24), by striking ‘‘or’’ at the actment of this Act, except that the court shall rity interest granted by, leased to, or condi- end; not confirm a plan under chapter 11 of this title tionally sold to a debtor that is a water carrier (2) in paragraph (25) by striking the period at without considering whether this section would that, at the time such transaction is entered the end and inserting ‘‘; or’’; and substantially affect the rights of a party in in- into, holds a certificate of public convenience (3) by adding at the end the following: terest who first acquired rights with respect to and necessity or permit issued by the Depart- ‘‘(26) under subsection (a) of this section, of the debtor after the date of the petition. The ment of Transportation; and any act to enforce any lien against or security parties who may appear and be heard in a pro- ‘‘(B) includes all records and documents relat- interest in real property following the entry of ceeding under this section include the attorney ing to such equipment that are required, under an order under section 362(d)(4) as to that prop- general of the State in which the debtor is incor- the terms of the security agreement, lease, or erty in any prior bankruptcy case for a period porated, was formed, or does business. conditional sale contract, to be surrendered or of 2 years after entry of such an order. The SEC. 734. EFFECTIVE DATE; APPLICATION OF returned by the debtor in connection with the debtor in a subsequent case, however, may move AMENDMENTS. surrender or return of such equipment. the court for relief from such order based upon (a) EFFECTIVE DATE.—Except as provided in ‘‘(4) Paragraph (1) applies to a secured party, changed circumstances or for other good cause subsection (b), this title and the amendments lessor, or conditional vendor acting in its own shown, after notice and a hearing; or made by this title shall take effect on the date behalf or acting as trustee or otherwise in behalf ‘‘(27) under subsection (a) of this section, of of enactment of this Act. of another party. any act to enforce any lien against or security (b) APPLICATION OF AMENDMENTS.—The ‘‘(b) The trustee and the secured party, lessor, interest in real property— amendments made by this title shall apply only or conditional vendor whose right to take pos- ‘‘(A) if the debtor is ineligible under section with respect to cases commenced under title 11, session is protected under subsection (a) may 109(g) to be a debtor in a bankruptcy case; or United States Code, on or after the date of en- agree, subject to the approval of the court, to ‘‘(B) if the bankruptcy case was filed in viola- actment of this Act. extend the 60-day period specified in subsection tion of a bankruptcy court order in a prior Mr. GRASSLEY. Mr. President, I (a)(1). bankruptcy case prohibiting the debtor from move to reconsider the vote. ‘‘(c)(1) In any case under this chapter, the being a debtor in another bankruptcy case.’’. Mr. DURBIN. I move to lay that mo- trustee shall immediately surrender and return SEC. 732. STUDY OF OPERATION OF TITLE 11 OF tion on the table. to a secured party, lessor, or conditional vendor, THE UNITED STATES CODE WITH RE- described in subsection (a)(1), equipment de- SPECT TO SMALL BUSINESSES. The motion to lay on the table was scribed in subsection (a)(3), if at any time after Not later than 2 years after the date of the en- agreed to. the date of the order for relief under this chap- actment of this Act, the Administrator of the The PRESIDING OFFICER. Under ter such secured party, lessor, or conditional Small Business Administration, in consultation the previous order, the Senate insists

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10787 on its amendments and requests a con- party. Again, Senator DURBIN has been sure requirements to ensure that credit card ference with the House, and the Chair instrumental in making this bill truly companies provide consumers with the infor- appoints conferees. bi-partisan. mation about their accounts that they need Thereupon, the Presiding Officer (Mr. As I’ve said numerous times on the to manage their budgets; (2) procedural pro- tections to avoid inappropriate and unwise THOMAS) appointed Mr. HATCH, Mr. floor during the debate on bankruptcy reaffirmations of unsecured and certain se- GRASSLEY, Mr. SESSIONS, Mr. LEAHY, reform, the American people are four- cured consumer debts; and (3) modifications and Mr. DURBIN conferees on the part square in support of meaningful bank- made to the nondischargeability provisions of the Senate. ruptcy reform. The fact is that some in the bill so that the bill no longer inappro- The PRESIDING OFFICER. The Sen- people use bankruptcy as a convenient priately puts credit card debt in competition ator from Iowa. financial planning tool to skip out on with child support, alimony, and other soci- Mr. GRASSLEY. Mr. President, first debts they could repay. This has to etal priorities like education loans and of all I want to thank everyone in this stop. taxes. body for the overwhelming vote of con- The Administration also strongly prefers Mr. President, there’s no such thing the discretionary approach to limiting ac- fidence on the work that Senator DUR- as a free lunch. Bankruptcies of con- cess to Chapter 7 used in S. 1301 over the BIN and I have done on this bankruptcy venience are like shoplifting. Honest rigid and arbitrary approach in the House bill. Getting to this point has been a consumers have to pick up the tab for bill. We support changes made by the Senate very tough process involving a lot of losses due to bankruptcy just as they bill to ensure that those debtors denied ac- compromise and a lot of refinement. pick up the tab for shoplifting. Bank- cess to Chapter 7 under Section 707(b) of the You heard me say on the first day of ruptcies of convenience impose a hid- Bankruptcy Code are those that have a debate that for the entire time that I den bankruptcy tax of $400 per family strong likelihood of successfully completing have been in the Senate and on this a Chapter 13 plan. of four. My bill will cut that tax. More can and should be done to produce a subcommittee on the subject of bank- Mr. President, it’s not just con- truly balanced bill. The bill must address the ruptcy—maybe not on every subject, sumers paying higher prices who stand potentially coercive effect of allowing credi- but the subject of bankruptcy—there to lose from bankruptcy abuse. Small tors to bring 707(b) motions based on any al- has been a great deal of bipartisan co- businesses, a vital component of our legation of abuse and strengthen the protec- operation, first of all between Senator healthy economy, can be crippled by tions against coercive reaffirmations. Heflin of Alabama, now retired, and bankruptcy losses. That’s why the Na- The Administration also supports financial myself. Sometimes I was chairman tional Federation of Independent Busi- contract netting provisions in the bill, which when Republicans were in the major- are important to reducing systemic risk in ness supports bankruptcy reform. our financial markets and are based on a ity. When we were in the minority, I Let’s cut the bankruptcy tax. Let’s proposal from the President’s Working was ranking member and he was chair- restore personal responsibility to the Group on Financial Markets. man. But this legislation has always bankruptcy system. Let’s help protect The Administration supports Senate pas- passed with that sort of tradition. American consumers and small busi- sage of the ‘‘Omnibus Patent Act of 1998’’ as So I want to say to all of my col- nesses. an amendment to S. 1301 because that bill leagues that I not only thank them for Mr. President, I want to thank the supports American innovation through need- their support but, more importantly, people from the administration, be- ed patent law reforms. While the Adminis- tration is disappointed that the bill does not thank Senator DURBIN, who worked so cause they have followed the course of closely with me on this legislation, and include all of the performance based organi- this legislation. They have issued a zation reforms it proposed, the provision’s that tradition has continued. I thank statement of administrative policy in inclusion of the annual performance agree- him for carrying on that tradition, be- support of this legislation. ment is welcome. cause I don’t think we would have had I ask unanimous consent that it be Finally, the Senate is expected to vote on the vote that we had today if it had not printed in the RECORD. an amendment to raise wages of 12 million been for the bipartisanship that has There being no objection, the mate- Americans and help ensure that parents who been expressed since he first took over rial was ordered to be printed in the work hard and play by the rules do not have to raise their children in poverty. Two years leadership for his party on our sub- RECORD, as follows: ago, the President signed into law a mod- committee. EXECUTIVE OFFICE OF THE PRESI- erate increase in the minimum wage. The re- I also want to give commendation to DENT, OFFICE OF MANAGEMENT sults of that action are clear: it raised the his staff, Victoria Bassetti and Ann AND BUDGET, wages of the lowest paid workers and did not McCormick; and also to Senator Washington, DC, September 17, 1998. cost jobs. Now we must continue to take ac- HATCH’s staff, Maken Delrahim and STATEMENT OF ADMINISTRATION POLICY tions to ensure that all Americans are bene- Rene Augustine; and also my staff, S. 1301—CONSUMER BANKRUPTCY REFORM ACT OF fitting from our prospering economy. That is John McMickle and Kolan Davis, be- 1998 why the Administration strongly supports cause without the long hours of staff (Grassley (R) Iowa and Durbin (D) Illinois) raising the minimum wage by $1 over two years. work that went into this bill, we would The Administration encourages Senate not have had the great compromise passage of S. 1301 as an important step to- Mr. GRASSLEY. Mr. President, I that we had to make this vote possible. ward balanced bankruptcy reform; however, thank Senator DURBIN very much for Mr. President, I’m pleased that we’ve the Administration ultimately would sup- his cooperation. come to the point where the Senate has port enactment of bankruptcy legislation Mr. DURBIN addressed the Chair. only if the essential reforms incorporated by passed the Grassley-Durbin consumer the Senate managers’ amendment are pre- The PRESIDING OFFICER. The Sen- bankruptcy bill. Getting to this point served and strengthened and the unbalanced ator from Illinois. has been a tough process involving a and arbitrary elements of the current House Mr. DURBIN. Thank you, Mr. Presi- lot of compromise and refinement. Of bill are omitted. dent. course, I thank Senator DURBIN for his The Administration supports bankruptcy I would like to echo the comments of help and suggestions for improving the reform that asks both debtors and creditors Senator GRASSLEY. I really believe this bill. I think that Chairman HATCH also to act more responsibly. Debtors who genu- vote of 97 to 1 is a tribute to his pa- deserves a great deal of credit as well. inely have the ability to repay a portion of tience, endurance, and hard work. It their debts should remain responsible for The bill we voted is a very fair and those debts. But creditors must also be re- has been a joy to be with him as part balanced piece of legislation with sponsible for treating debtors fairly, recog- of this process. We have serious dif- broad support. The administration, in nizing creditors’ superior information and ferences on many aspects of this bill. I its ‘‘statement of administration pol- bargaining power. am sure we will continue to debate icy,’’ encourages the Senate to pass As reported from Committee, S. 1301 fo- them. But the core bill is a bill which this bill. The Judiciary Committee was cused heavily on perceived debtor abuse, I was happy to support because I think almost unanimous in passing the bill, with little to curtail abuses by creditors. it is a more reasonable approach to re- and many changes have been made to However, if changes incorporated in the forming bankruptcy. We attempt to re- manager’s amendment are adopted, the Sen- the version of the bill reported by the ate bill will take significant steps to address form it in the responsible way, trying committee to accommodate the con- abusive practices by both debtors and credi- to stop the abuses in filing in the bank- cerns of the minority. So, this is a bill tors. Essential changes included in the man- ruptcy court and at the same time call- I think we can all support regardless of agers’ amendments include: (1) new disclo- ing on the credit industry to accept

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10788 CONGRESSIONAL RECORD — SENATE September 23, 1998 some responsibility for those risky be encouraged where it works. But we allow some debtors to use bankruptcy credit practices which lure unwitting say the court should look at it to make as a financial planning tool rather than consumers into a trap from which they certain it is fair. as a last resort. I firmly believe that by cannot escape. I salute Senator SESSIONS and Sen- allowing people to escape from their fi- I want to give acknowledgment as ator KOHL for the homestead exemp- nancial obligations, we are doing them well to staff who have made this bill tion cap. The unlimited homestead ex- a great disservice by not encouraging possible. Seated to my left is Victoria emption in a few states is the single them to manage their finances and Bassetti, my staff attorney on the Ju- worst abuse in the bankruptcy system. control their debt. diciary Committee, who has spent Our friends in the House saw it dif- It always has been my view that indi- more time looking at the bankruptcy ferently on a floor vote. It is up to us viduals should take personal responsi- code than almost anything else in the in conference to convince them that bility for their debts, and repay them past year; Anne McCormick, who is ours is a better way. We protect retire- to the extent possible. Under the with us as a detailee from the Depart- ment income in bankruptcy, a concept present system, it is too easy for debt- ment of Justice, who has done an ex- which I pushed for and was happy to ors who have the ability to repay some traordinary job; on the majority side, join with Senator HATCH in finally of what they owe to file for Chapter 7 John McMickle and Kolan Davis have passing in this Chamber. bankruptcy. Under Chapter 7, debtors become friends during the course of I thank Senator FEINGOLD for his ef- can liquidate their assets and discharge this debate and have added greatly to forts to protect the poorest of the poor all debt, while protecting certain as- the work product; Makan Delrahim and who file in bankruptcy. I also salute sets from liquidation, irrespective of Rene Augustine of Senator HATCH’s Senator FEINSTEIN and others who have their income. Mr. President, I believe staff; Kara Stein and Brooke Byers of asked for studies which we think will that the complete extinguishing of Senator DODD’s staff; Ed Pagano of improve credit practices in this coun- debt should be reserved for debtors who Senator LEAHY’s staff; Kristi Lee of try. And, finally, this bill provides for truly cannot repay their debts. Senator SESSIONS’ staff; and Brian Lee the creation of 18 new bankruptcy According to the Wall Street Journal of Senator KOHL’s staff; as well as Joel judgeships sorely needed in the States (Nov. 8, 1996) bankruptcy protection Wiginton, who once worked on my staff which will receive them. laws give an alarming number of ‘‘ob- and now serves Senator FEINGOLD. This is the first major legislation I scure, but perfectly legal places for They all have added to the value of this have had in the Chamber. I don’t ex- anyone to hide assets.’’ For instance, bill. I thank each and every one of pect every one of them to pass 97 to 1, one Virginia multimillionaire incurred them. but it really is a good feeling to know massive debt, but under State law was I would like to just note four or five that all of this work over this time has entitled to keep certain household things that I am particularly proud of resulted in a truly bipartisan response goods, farm equipment, and ‘‘one in this legislation. to this important issue. horse.’’ This particular individual We have worked back and forth in Thank you, Mr. President. I yield the opted to keep a $640,000 race horse, not- the banking industry, as well as with floor. ing that the law only limits the num- experts in the law, to come to a good Mr. HATCH. Mr. President, S. 1301, ber of horses, but not the individual conclusion about the ways to reduce the Consumer Bankruptcy Reform Act value of a horse. abuse when it comes to bankruptcy fil- of 1998, was reported out of the Judici- While this is a particularly egregious ings. ary Committee with strong bipartisan example, these kinds of loopholes exist We have added some provisions here support and is one of the most impor- in the Bankruptcy Code, and people are which I think many consumers will ap- tant legislative efforts to reform the using them to avoid paying their debts. preciate because it really does bring bankruptcy laws in 20 years. As a result, the rest of us end up foot- more balance to this endeavor. I would like to begin by commending ing the bill through higher prices and With the help of Senator DODD, who my colleagues, Senators GRASSLEY and higher interest rates. is in the Chamber today, as well as DURBIN, respectively, the chairman and S. 1301 provides a remedy for these Senator SARBANES of Maryland, we ranking minority member of the Sub- abuses by adopting a needs-based ap- have added some disclosure provisions committee on Administrative Over- proach to bankruptcy reform. to this bill which will make credit card sight and the Courts, for their tireless It is important to note that the ad- statements clearer and make it more efforts in crafting this much needed ministration has urged that bank- understandable when credit card com- legislation. I also want to thank them ruptcy law should ‘‘discourage bad panies solicit your business as to what for conducting numerous important faith repeat filings and other attempts you are going to have to do, how much hearings at the subcommittee level on to abuse the privilege accorded by ac- you will have to pay in interest rates the complex issue of bankruptcy re- cess to bankruptcy.’’ and what other conditions might be form. I particularly appreciate the This bipartisan legislation, created important to your relationship. dedication they have shown to making by Senators GRASSLEY and DURBIN, is We have an amendment here I am the passage of this bill an inclusive and carefully structured to achieve an ap- particularly proud of on predatory bipartisan process. propriate balance between debtor and home lending. These are those unscru- The compelling need for reform is un- creditor rights. The legislation main- pulous credit practices where lenders derscored by the dramatic rise in bank- tains the aspects of the bankruptcy prey particularly on senior citizens, ruptcy filings each year. The Bank- system that serve those in need of a forcing them into a situation where ruptcy Code was liberalized back in ‘‘fresh start.’’ At the same time, S. 1301 they sign second mortgages on their 1978, and ever since that time, con- reforms current bankruptcy laws to home without any real understanding sumer bankruptcy filings have gone up prevent the system from being abused of what they are getting into. They at an unprecedented rate. Even during at the expense of all Americans. lose the most important asset in their the economic boom years of 1994 to The impact of this important legisla- life because of these unscrupulous prac- 1997, consumer bankruptcy filings al- tion will not only be to curb the ramp- tices. This bill comes down hard on most doubled. ant number of frivolous bankruptcy fil- that kind of conduct. Mr. President, the bankruptcy sys- ings, but also to give a boost to our We also have increased court super- tem was intended to provide a ‘‘fresh economy. vision on reaffirmation. A person files start’’ for those who need it. We need Mr. President, again I would like to for bankruptcy and says, Here is a debt to preserve the bankruptcy system applaud the bipartisan efforts of my which I will keep; I will continue to within limits to allow individuals to colleagues who have made S. 1301 a pay on it. For instance, a car loan be- emerge from financial ruin, which may broadly supported bill. cause you need an automobile, or with have been precipitated by unforeseen Mr. SARBANES. Mr. President, I a company that your family has done events such as medical problems or un- would like to take this opportunity to business with for generations. You re- employment. What we don’t need is to congratulate Senator DURBIN, the affirm the debt. That is perfectly ac- preserve those elements of the system Ranking Member of the Courts Sub- ceptable. It is something which should that allow it to be abused, and that committee, on passage of S.1301, the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10789 Consumer Bankruptcy Reform Bill of sumer-oriented provisions that we have A managers’ amendment; McCain- 1998. succeeded in adding to S.1301 are in the Wyden amendment extending length of I especially want to thank him for in- House-passed bankruptcy bill, and I moratorium; Coats, Internet porn, 1 sisting that S.1301 address not only the daresay that the credit card companies hour equally divided; Bennett amend- need for greater responsibility on the are less than thrilled with even the ment, relevant; Senator Kay Bailey part of debtors, but also the need for modest steps we have taken on behalf Hutchison amendment, relevant; Bond greater responsibility on the part of of consumers here in the Senate. I ask amendment, relevant; Bumpers amend- creditors. In particular, this bill takes my colleague from Illinois, is it not ment, mail order; three Enzi relevant notice of the fact that credit card com- safe to expect that there will be efforts amendments; Domenici, an amendment panies often act as enablers to individ- during the bankruptcy conference to on interest rates; Graham, relevant; uals who end up in bankruptcy after strip out some of these provisions from Abraham, Government paperwork; and falling prey to one too many promises the conference report, and to bring to Bumpers, a commission amendment. of easy credit from these companies. the Senate a bankruptcy bill that is, I further ask unanimous consent that S.1301 requires that credit card compa- once again, merely a wish list of the relevant second-degree amendments be nies provide consumers with the infor- credit card companies? in order to all amendments other than mation they need to behave in a re- I further ask my colleague, will we the Coats amendment. sponsible manner, rather than luring not need to be vigilant in our efforts to I further ask unanimous consent that them into tighter financial straits with preserve these consumer-oriented pro- there be 2 hours of general debate false promises of easy credit. visions during the conference? equally divided on the bill. I finally The bill that passed out of the Judi- Mr. DURBIN. My colleague from ask that following the disposition of ciary Committee did not take such an Maryland sadly may be correct. Nei- the above-listed amendments and the evenhanded approach, and I, among ther our Republican colleagues in the expiration of time, the bill be read a others both on and off the Judiciary House nor the credit card companies third time and the Senate proceed to a Committee, noted the need to bring are likely to be as enthusiastic as he or vote on passage of the bill with no greater balance to this issue on the I about the efforts at cooperation and other intervening action or debate. floor. Thanks to Senator DURBIN’s lead- compromise that went into crafting The PRESIDING OFFICER. Is there ership, the efforts of several other the Senate bill. objection? Democratic Senators, and the coopera- We will, indeed, have to be vigilant in Mr. DASCHLE. I object on behalf of a tion of Senator GRASSLEY and other regard to the consumer-oriented provi- number of colleagues. Republicans, the bill we will soon pass sions in S.1301, and I hope that we will The PRESIDING OFFICER. Objec- is a product that, as amended, ac- be joined in this effort both by our Sen- tion is heard. Mr. DASCHLE. Mr. President, let me knowledges the shared responsibility ate Republican colleagues, who have just explain. for the rise in bankruptcies between agreed to accept most of these provi- I support this legislation, and I hope creditors and debtors, and strives to sions without any debate, as well as by we can come to some resolution here. discourage reckless behavior on both the White House, which has indicated Obviously, this is an important bill sides of credit transactions. the importance of preserving the Sen- that ought to be passed. The problem is Mr. DURBIN. I thank my colleague ate managers’ amendment to its own that, once again, we are presented with from Maryland for his kind words, and consideration of bankruptcy reform an untenable circumstance. Colleagues for his assistance in making S.1301 a legislation. We have our work cut for on this side of the aisle, certainly bill that the Senate can be proud of. us, but I commit to my colleague from through no fault of the distinguished As Ranking Member of the Senate Maryland that I will do my utmost to Senator from Arizona, have been pre- Committee on Banking, Housing and ensure that the bankruptcy conference cluded, to date, from offering our Pa- Urban Affairs, Senator SARBANES has report contains the vital consumer pro- tients’ Bill of Rights. We are running long been interested in the issue of tections we worked so hard to add to out of time. We are running out of ve- consumer lending practices, and his ef- the Senate bill. hicles. We are running out of opportu- forts were invaluable in drawing the Mr. SARBANES. I thank my distin- nities for us to have the kind of debate necessary connection between in- guished colleague from Illinois, and that we all have asked for and expected creased bankruptcy filings and the pledge my support for his efforts in to have by this day. lending practices of credit card compa- this regard. Only if we are able to pre- Because we are again put into a dif- nies. serve our hard-fought gains in the Sen- ficult position of not knowing how we Due to the efforts of a number of ate in conference will we be able to are going to resolve that outstanding Democratic Senators, including Sen- pass bankruptcy reform legislation question, recognizing that it is at least ator SARBANES, we were able to have that will stand the tests of time and as important as this issue, in spite of inserted into the managers amendment fairness. the fact that I do support S. 442, we are to this bill a number of important pro- Mr. MCCAIN addressed the Chair. compelled to object today. visions dealing with consumer credit The PRESIDING OFFICER. The Sen- My hope is that at some point in the information. These provisions require ator from Arizona. not-too-distant future we can resolve credit card companies to provide in f the issue of how we will debate the Pa- their monthly statements and initial tients’ Bill of Rights, and we will then solicitation materials information that UNANIMOUS CONSENT REQUEST— S. 442 resolve our ability to bring up the re- will help consumers manage their fi- quest made by the Senator from Ari- Mr. McCAIN. Mr. President, on be- nances in a way that will, I believe, ob- zona. So I object at this time with the half of the leader, I ask unanimous viate the need for bankruptcy in many hope that we can find some resolution consent that it be in order for the ma- cases. The bill also now provides for at some point soon. jority leader, after consultation with studies regarding (1) the extension of Mr. MCCAIN addressed the Chair. credit to individuals with a high debt- the Democratic leader, to proceed to The PRESIDING OFFICER. The Sen- to-income ratio and (2) the use of cred- the consideration of Calendar No. 509, ator from Arizona has the floor. it card security interests to coerce re- S. 442, and it be considered under the Mr. MCCAIN. I ask unanimous con- affirmations of debt in bankruptcy. following limitations: sent that the Senate turn to the imme- In short, we now have before us a bill The Commerce Committee amend- diate consideration of S. 442 and that that is balanced and that is not simply ment be agreed to, and the Finance only amendments in order to the bill the wish list of the credit card compa- substitute then be agreed to, and the be relevant amendments. nies. I thank Senator SARBANES for substitute then be considered as origi- The PRESIDING OFFICER. Is there helping to make this possible. nal text for the purpose of further objection? Mr. SARBANES. I thank Senator amendment. I further ask unanimous Mr. DASCHLE. Mr. President, I ob- DURBIN for his kind words. I also note, consent that the only other amend- ject. however, that we still have much work ments in order to the bill be the fol- The PRESIDING OFFICER. Objec- to do in this area. None of the con- lowing: tion is heard.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10790 CONGRESSIONAL RECORD — SENATE September 23, 1998 Mr. MCCAIN. Mr. President, let me but nonetheless we were able to at bers and the public on the progress of just point out that I think the Demo- least get a judgment on that. And we the committee’s work and the high- cratic leader makes a very legitimate wanted to try to also get a judgment light problems areas. point. Obviously, he believes there are on this matter which is of central con- One such problem area was high- very important issues that need to be cern to families all across this country. lighted during the committee’s hearing addressed. The Patients’ Bill of Rights I want to just add my support to the on health concerns. Whereas, in many is a very important issue. But let me objections of Senator DASCHLE and also industries, there are areas termed mis- also point out, Mr. President, that we to express appreciation to the Senator sion-critical which refers to embedded have been working on this legislation from Arizona. We know that this is not or coded systems without which the for 2 years. All of Silicon Valley, espe- his decision at this time to be making, primary objective of that system fails. cially the State of Massachusetts as but it is a leadership decision. In the health field, there are life-crit- well as other places where high tech is I thank him for his courtesy and rec- ical systems which sustain human life. a very important part of the economy ognize it. An example of a life-critical embedded of the various States and the Nation, The PRESIDING OFFICER. The Sen- system would be a cardiac monitor in want this bill done. ator from Connecticut. the intensive-care unit of a hospital. If Senator WYDEN, who is the originator Mr. DODD. Mr. President, let me it fails, the patient could lose his or of this bill, and I, along with many oth- briefly say as well, I support what the her life. ers, have worked very hard for a long Democratic leader is doing on this With this in mind I was deeply dis- period of time. We have made conces- HMO issue. Hopefully, that matter can turbed to learn, during one of the com- sion after concession; we have made be resolved. mittee’s earlier hearings, that the compromise after compromise on this The PRESIDING OFFICER. The Sen- FDA’s attempts to survey and docu- bill, including having the Finance ator from Connecticut. ment year 2000 compliance within the Committee play a major role in it. All Mr. DODD. Mr. President, I ask unan- medical device industry had indicated I hope is that on the Democrat side we imous consent I be allowed to speak as an unacceptable low level of response. can get some agreement to address the in morning business. It is not on this At the committee’s July 23, 1998 hear- Patients’ Bill of Rights, and I also ask subject matter. ing on the health care industry, I was that we make every effort to get this Mr. MCCAIN. I object unless I know shocked by the fact that instead of bill up and passed. We have approxi- how long it is. taking steps to deal with this problem, mately 11, 12 remaining legislative Mr. DODD. About 5 minutes. the medical device industry, as a days, as I understand it. Mr. MCCAIN. I have no objection. whole, at that time, seemed to be exac- I respect and understand the objec- The PRESIDING OFFICER. The Sen- erbating the problem by refusing to tion of the Democratic leader. I hope ator is recognized for 5 minutes. provide information either to the FDA we can get this issue resolved, up and f or to even the hospitals and clinics passed so that we can ensure the future Y2K AND MEDICAL DEVICES which use the devices every day. I of perhaps one of the most important made it clear that this sort of attitude and vital parts of America’s economy. Mr. DODD. Mr. President, most of us are aware that there is a very serious was stunningly short-sighted and could f computer problem, the year 2000 com- only cause harm to both the makers UNANIMOUS CONSENT puter problem or Y2K problem, which and users of these devices. Indeed, the AGREEMENT—S. 2279 has the potential to dramatically dis- committee learned that the FDA on June 28, 1998 requested that the nearly Mr. MCCAIN. So again now, Mr. rupt our energy, transportation, bank- 2000 medical device manufacturers im- President, I ask unanimous consent ing and health sectors, just to name a mediately respond and indicate their that it be in order for the majority few. level of year 2000 compliance. This ini- leader, after consultation with the As most of you know, the year 2000 tial lack of response was indeed irre- Democratic leader, to proceed to S. computer technology problem stems sponsible. According to the FDA, of the 2279, the FAA reauthorization, and that from the earlier programing of two nearly 1,935 medical manufacturers the bill be limited to relevant amend- digit date codes; many old programs surveyed, approximately 755 replied. ments only, of which we will have a list were written assuming the year would shortly. begin with ‘‘19.’’ Therefore the year- Let me repeat this. Of the nearly The PRESIDING OFFICER. Is there 2000 computer problem means that if 2,000 manufactures of life-critical med- objection? The Chair hears none, and it an unknown number of programs and ical devices, the FDA tells us that less is so ordered. microchips around the world aren’t than 40 percent responded to the over- Mr. MCCAIN. Mr. President, I know fixed or replaced, computers that read sight agency tasked with insuring that others will want to be recognized for ‘‘00’’ as the year 1900, not 2000 will fail critical medical devices still work comments, including maybe the Sen- or malfunction on January 1, 2000. when you and I and the people we love ator from Massachusetts, before we To correct this problem millions of are in need and might depend on this move forward with the FAA bill. dollars have been earmarked by gov- sophisticated equipment. Mr. KENNEDY. I thank the Senator ernment and industry to identify, cor- Again this is unacceptable. I am from Arizona. rect and test the millions of lines of therefore submitting a list of those I just wanted to join in expressing code and embedded chips that perform manufacturers that did not reply to support for our leader’s position in mission-critical functions. the FDA’s request for information to raising this extremely important issue, Senator BENNETT and I co-chair the the RECORD for all Americans to see. It the Patients’ Bill of Rights. Our leader, Senate’s Year 2000 Committee and we is my hope that these companies quick- Senator DASCHLE, has indicated a will- are actively reviewing the progress of ly comply and provide information as ingness to enter into agreements that U.S. industry and government agen- to the year 2000 readiness of these crit- would be reasonable and which would cies. Both must bring their own sys- ical medical devices. It is also my hope permit debate and discussion of these tems into compliance and the govern- that this will serve as a wake up call to important matters that are at the ment agencies must monitor the com- other industries to be vigilant, respon- heart of concerns of millions of Amer- pliance status of the areas that they sible and pro-active in their efforts to ican families, and to do it in a way we regulate. insure that Americans wake up to a would not interrupt the important leg- This is truly a world-wide phe- wonderful new year on January first of islation that the Senator from Arizona nomenon, and while the United States the year 2000. has identified. We have been frustrated is doing a pretty good job of playing Mr. President, I ask unanimous con- in having that opportunity. catch up, many nations of the world sent the list of these companies be We had similar difficulty earlier in have hardly begun to address their own printed in the RECORD. I understand terms of the minimum wage. We were year 2000 or Y2K problems. the Government Printing Office esti- able to address that, not with the out- From time to time I will come to the mates the cost of printing this list to come that some of us might have hoped Senate floor to brief the other Mem- be $1,426.00.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10791 There being no objection, the list was Aoot Zavod Komponent Moscow, Russia; Biosolve, Issaquah, WA; Biosyn, Ltd, Bel- ordered to be printed in the RECORD, as Apcot Medical Systems, Philadelphia, PA; fast, Ireland; Biosys Co, Ltd, Seoul, Korea; follows: Apelex, Bagneux, France; Apheresis Tech- Biosystems, SA, Barcelona, Spain; Biotecx nologies, Inc, Palm Harbor, FL; Apollo Den- Laboratories, Inc, Houston, TX; Biotronik, COMPANY, CITY, STATE OR COUNTRY tal Products, Inc, Clovis, CA; Apothecary Inc, Lake Oswego, OR; Biozonics, Inc, 3d Ultrasound, Inc., Durham, NC; 3m, Products, Inc, Burnsville, MN; Applied Car- Mequon, WI; Blackhawk Biosystems, Inc, Tustin, CA; 3m Health Care, Ann Arbor, MI; diac Systems, Laguana Hills, CA; Applied San Ramon, CA; Blood Trac Systems, Inc, A. Stein-R.A. Consulting, Ginot Shomron, Membranes, Inc, San Marcos, CA; Applied Toronto, Canada; Blood Systems, Inc, Israel; A.S. Laerdal, Stavanger, Norway; Water Engineering, Inc, Salt Lake City, UT; Scottsdale, AZ; Blood Bank Computer Sys- A.Z.E. Medical, Inc., Brooklyn, NY; Abaxis, Applied Biometrics, Inc, Burnsvile, MN; Ap- tems, Inc, Auburn, WA; Blue Spring Corp, Inc., Sunnyvale, CA; Absolute X-Ray Corp., plied X–Ray Technologies, Inc, Denver, CO; Port Lavaca, TX; Bnos Meditech Ltd, Essex, New York City, NY; Abtek Biologicals, Ltd., Applied Science Group, Inc, Bedford, MA; United Kingdom; Bobes SA, Madrid, Spain; Liverpool, United Kingdom; Accumed Intl., Applied Sciences Corp, Hsinchu City, China; Body Watch, Inc, Winston-Salem, NC; Inc., Chicago, IL; Accumed Intl., Inc., Aquamatch, Inc, Laguana Hills, CA; Areeda Boehringer Mannheim Corp, Indianapolis, Westlake, OH; Accutome, Inc., Malvern, PA; Assoc, Ltd, Los Angeles, CA; Arndorfer Med- IN. Actimed Laboratories, Inc., Burlington, NJ; ical Specialties, Greendale, WI; Aspect Med- Boehringer Biochemia Robin, SPA, Monza, Acuson Corp, Mountain View, CA; Adac Med- ical Systems, Inc, Natick, MA; Associates In Italy; Boehringer Mannheim Corp, ical Technologies, Washington, MO; Adac Reliable Medical Systems Corp, Inc, Pt Char- Pleasanton, CA; Booth Medical Equipment Laboratories, Milpitas,CA. lotte, FL. Co, Inc., Alexander, AR; Borgatta, Mexico Adac Health Information Systems, Hous- Astraea, Richmond, VA; Atl–Echo City, Mexico; Boston Medical Products, Inc, ton, TX; Adapteck, Inc, Des Plaines, IL; Ad- Ultrasound, Reedsville, PA; Atlas Re- Westborough, MA; Boston Scientific Corp, vance Scientific, Inc, Guaynabo, PR; Ad- searches, Ltd, Hod Hasharon, Israel; Atmos Natick, MA; Bowles, Keathing Epsteen vanced Biomedical Devices, Inc, Andover, Medizintechnik Gmbh & Co, Lenzkirch, Ger- Hering & Lowe Chartere, Chicago, IL; Boyce MA; Advanced Medical Instruments, Inc, many; Audo-Aid, Inc, Hato Rey, PR; Augus- Regulatory & Quality Consulting, Dallas, Broken Arrow, OK; Advanced Bio-Science, tine Medical, Inc, Eden Prairie, MN; Auto- TX; Braemer Corporation, Burnsville, MN; Inc, Santa Clara, CA; Advanced Radiation mated Medical Products Corp, New York, Brainlab Gmbh, Heimstetten, Germany; Therapy, Cordova, TN; Advanced Nuclear NY; Automated Voice Systems, Inc, Yorba Brand X-Ray Co, Inc, Addison, IL; Brooks Imaging Corp, Hollywood, FL; Advanced Linda, CA; Automed Corp, Richmond, BC, Medical Systems, Inc, Everett, WA; Bruce Medical Products, Inc, Columbia, SC; Advan- Canada, Aventric, Technologies, Madison Med Supply, Waltham, MA. tage Medical Division of CME Telemetrix, Heights, MI; Brunswick Biomedical Technologies, London, Canada; Aerosport, Inc, Ann Arbor, Avionics Specialties, Inc, Charlottesville, Wareham, MA; Buckman Co, Inc, Concord, MI; AFP Imaging Corp, Elmsford, NY; Agfa- VA; B Braum Medical, Inc, Irvine, CA; Ballco CA; Buffington Clinical Systems, Cleveland, Gevaert, NV, Mortsel, Belgium. Products, Greenwich, CT; Ban Nguyen, OH; Buhlmann Laboratories, Schonenbuch, Air Tecniques Inc, Hicksville, NY; Air Westminister, CA; Banta Healthcare Prod- Switzerland; Burke Neutech, Inc, St Peters- Liquide-Big Three, Inc, Houston, TX; Airgas ucts, Inc, Neenah, WI; Banyan Intl Corp, Abi- burg, FL; Burkhart Raentgen, Inc, St Peters- Northeast Inc, Salem, NH; Airgas South Inc, lene, TX; Barex, Ltd, Minneapolis, MN; burg, FL; Buxton Biomedical, Inc, Mountain unknown, unknown; Airgas Specialty Gases, Bartels, Inc, Issaquah, WA; Base Ten Sys- Lakes, NJ; C & C Oxygen Co, Chattanooga, Theodore, AL; Airgas South, Marietta, GA; tems, Inc, Trenton, NJ; Baxter Cardio- TN; Caliber Medical Corp, Reno, NV; Calibur Airgas Mid-Atlantic Inc, Linthicum, MD; vascular Group, Irvine, CA; Baxter Research Dental Technologies, Inc, King City, Canada; Airgas-Mid South Inc, Tulsa, OK; Airgas- Medical, Inc, Midvale, UT; Bay Shore Med- Cambridge Heart, Inc, Bedford, MA. Northern California & Nevada, San Leandro, ical Equipment Corp, Bayshore, NY; Bay Cameron Medical Corp, South Gate, CA; CA; Airsep Corp, Buffalo, NY; Aiv Systems, Area Medical Physics, Inc, Aptos, CA; Bayer Camtronics, Ltd, Hartland, WI; Canon USA, Inc, Berlin, NJ; Alaris Medical Systems, Inc, Corp, West Haven, CT; Bayer Corp, Inc, Lake Success, NY; Canwest Medictex, San Diego, CA; Alban Scientific, Inc, St Tarrytown, NY; Bayer Corp, Elkhart, IN. Inc, Vancouver, Canada; Canyon Diagnostics, Louis, MO. Bayer Corp, Berkeley, CA; Baylor Bio- Inc, Anaheim, CA; Capintec, Inc, Pittsburgh, Albyn Medical Limited, Dingwall, United medical Services, Dallas, TX; Bbi-Source PA; Caprius, Inc, Wilmington, MA; Cardiac Kingdom; Alcon Laboratories, Ft Worth, TX; Scientific, Inc, Garden Grove, CA; Beckman Pacemakers, Inc, St Paul, MN; Cardiac Alcopro, Inc, Knoxville, TN; Alerchek, Inc, Instruments, Inc, Naguabo, PR; Beckman In- Telecom Corp, Turtle Creek, PA; Cardiac Portland, ME; Alert Care, Inc, Mill Valley, struments, Inc, Chaska, MN; Behavioral Evaluation Center, Inc, Milwaukee, WI; Car- CA; Alexander Mfg Co, Mason City, IA; Alfa Technology, Inc, Salt Lake City, UT; diac Care Units, Inc, Woodlands Hills, CA; Biotech Spa, Pomezia Rome, Italy; Alko Di- Behring Diagnostics, Inc, Westwood, MA; Bei Cardiac Science, Inc, Irvine, CA; Cardio Con- agnostic Corp, Holliston, MA; Aloka Co, Ltd, Medical System Co, Inc, Hackensack, NJ; trol; The Netherlands, Netherlands, Cardio Tokyo, Japan; Alpha Biomedical Labora- Beijing Imports, Houston, TX; Benchmark Technics, SA, Puebla, Mexico. tories, Bellevue, WA; Alpha Antigens, Inc, Reagents, Horsham Vic 3400, Australia, Ber- Cardiodynamics International Corp, San Columbia, MO; Althin Medical, Miami liner, Corcoran & Rowe, Washington, DC; Diego, CA; Cardiodyne, Inc, Irvine, CA; Car- Lakes, FL; Alvar, Northbrook, IL; Alza Corp, Berthold Detection Systems, Pforzheim, Ger- diovascular Diagnostics, Inc, Raleigh, NC; Palo Alto, CA; Ambulatory Monitoring, Inc, many; BG Imaging Specialties, Inc, The Caring Technologies, Inc, Bethesda, MD; Ardsley, NY; Amcest Corporation, Roselle, Bronx, NY; Biermana and Muserlain, New Caroba Plastics, Inc, Englewood, CO; Caro- NJ. York, NY; Biex, Inc, Dublin, CA; Bio-Medical lina Liquid Chemistries Corp, Brea, CA; Car- American Technology Exchange, Inc, Is- Products Corp, Mendham, NJ; Bio-Mechan- ter-Wallace, Inc, Cranbury, NJ; Cassling land Lake, IL; American X-Ray Co, Inc, ical Healthcare, Inc, Toronto, Canada; Bio/ Diagnostics Imaging, Omaha, NE; Catalyst Knoxville, TN; American Science & Engi- Data Corporation, Horsham, PA. Research Corp, Owings Mills, MD; CDC Tech- neering, Inc, Billerica, MA; American Lab- Bio-Phase Diagnostics Laboratory, nologies, Inc, Oxford, CT; Cemax-Icon, Inc, oratory Products, Windham, NH; American Mississauga, Ontario, Canada; Bio-Analytics Fremont, CA; Cenogenics Corp, Morganville, Qualex, Inc, San Clemente, CA; American Laboratories, Inc, Palm City, FL; Bio-Whit- NJ. Blood Resources Assn, Annapolis, MD; Amer- taker, Inc, Walkersville, MD; Bio-Test Med- Cerium Visual Technologies, Ltd, ican Bio Medica Corp, Ancramdale, NY; ical, Inc, Gibsonia, PA; Bio-Tek Instruments, Tenterden, United Kingdom; Cerner Corp, American Research Products Co, Solon, OH; Inc, Winooski, VT; Bio-Instrumentation, Inc, Kansas City, MO; Chadwick Miller, Inc, Can- American National Red Cross, Arlington, Goleta, CA; Bio-Clin, Inc, St. Louis, MO; Bio- ton, MA; Challenge Unlimited, Inc, Alton, VA; American Medical Systems, Inc, Logic Systems Corp, Mundelein, IL; Bio-Rad IL; Chem-Index, Inc, Hialeah, FL; Chembio Minnetonka, MN. Laboratories Gmbh, Munchen, Germany; Diagnostic Systems, Inc, Medford, NY; China Ameriwater, Dayton, OH; Amersham Hold- Bioanalytical Systems, Inc, West Lafayette, National Medicines & Health Products, Bei- ings, Inc, Arlington Heights, IL; Amico Lab, IN; Biochem Immunosystems, Inc, Allen- jing, China; Chisolm Biological Laboratory, Inc, Nashville, TN; Amlab, Nynashamn, Swe- town, PA. Aiken, SC; Chori America, Inc, New York, den; Ampcor Diagnostics, Inc, Bridgeport, Biochemical Diagnostic, Inc, Brentwood, NY; Cimetra, West Chazy, NY; Cine Graph- NJ; Amsino Intl, Inc, Pomona, CA; NY; Biochemical Trade, Inc, Miami, FL; ics, Inc, Grand Prairie, TX; Circuit Board As- Amuchina Intl, Inc, Gaithersburg, MD; Biocon Do Brasil Industrial, Ltd, Rio De Ja- semblers, Inc, Youngsville, NC; Cirrus Air Analyte Diagnostics, Inc, Hallandale, FL. neiro, Brazil; Biodex Medical Systems, Inc, Technologies, Locust Valley, NY; Clin-Chem Analytic Bio-Chemistries, Inc, Shirley, NY; Biofeedback Instruments, Inc, Mfg, Minden, NV. Feasterville, PA; Ancorvis Prof Morandi New York, NY; Biofield Corp, Roswell, GA; Clinetics Corporation, Tustin, CA; Clinical SRL, Bolonga, Italy; Andries Tek Incor- Biogenetic Technologies, Inc, Tampa, FL; Standards Laboratories, Inc, Rancho porated, Austin, TX; Anesthesia Equipment Biokinetix Corp, Stamford, CT; Biokit SA, Dominguez, CA; Clinical Diagnostics, Inc, Supply, Inc, Black Diamond, WA; Anesthesia Barcelona, Spain; Biomed Healthcare, Inc, Chester, SC; Clinico, Bad Hersfeld, Germany; Recording, Inc, Pittsburg, PA; Anesthesia Irvine, CA; Biomerieux Sa, Marcy Letoile, Clinicomp International, Inc, San Diego, CA; Association, Inc, San Marcos, CA; France; Bionostics, Inc, Acton, MA; Biopool Clover International Corp, Tokyo, Japan; Angiodynamics, Inc, Queensbury, NY; Intl, Inc, West Chester, PA; Biopool Intl, Inc, Cobe Cardiovascular, Inc, Arvada, CO; Cobe Angiodynamics, Ltd, County Wexford, Ire- Ventura, CA; Biosensor Corp, Maple Grove, Bct, Inc, Lakewood, CO; Coeur Laboratories, land; Anzai Medical Co, Ltd, Tokoyo, Japan; MN. Inc, Raleigh, NC; Colin Corp, Komaki City,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10792 CONGRESSIONAL RECORD — SENATE September 23, 1998 Japan; Colin Medical Instruments Corp, San CA; Dornier Medical Systems, Kennesaw, Gammex, Inc, Middleton, WI; Gas Tech, Hill- Antonio, TX; Colorado Medtech, Inc, GA; Dornier Surgical Products, Inc, Phoenix, side, IL; Gateway Airgas, St Louis, MO; Longmont, CO; Columbis Scientific, Inc, Co- AZ; DPA Consulting, Inc, Urbanna, VA; Gatron Corporation, Woburn, MA; Gds lumbia, MD; Columbus Instruments Intl Drager, Inc, Telford, PA; DRG International, Techology, Inc, Elkhart, IN; Gelco Corp, Columbus, OH. Inc, Mountainside, NJ; Drug Screening Sys- Diagnostics, Inc, Shreveport, LA; Gelman Combined Instruments, Ltd, Sailkot, Paki- tems, Inc, Blackwood, NJ; Dynamic Indus- Sciences, Inc, Ann Arbor, MI; Gendex-Del stan; Comet AG, Liebefeld, Switzerland; tries Ltd, Siaikot, Pakistan; E K Ind Inc, Medical Imaging Corp, Franklin Park, IL; Communications & Power Industries Canada, Joilet, IL; E-Systems Medical Electronics General Laboratory Instruments, Delhi, Inc, Georgetown, Canada; Composite Health Inc, San Antonio, TX. India; General Medical, Inc, Clearwater, FL; Care System, Falls Church, VA; Composites E I Du Pont De Nemours and Company, Genesis Medical Technology, Inc, Owings Horizons, Inc, Covina, CA; Compumedics Inc, Wilmington, DE; E Merck, Darmstadt, Mills, MD; Genzyme Corp, Cambridge, MA; Sleep Pty Ltd, Melbourne, Australia; Germany; E & M Engineering, Inc, Rich- Geopure Systems & Services, Inc, Orlando, Compur-Electronic, Munich, Germany; Com- mond, VA; Eagle Diagnostics, DeSoto, TX; FL; Gerard Enterprises, Inc, Waukesha, WI; puterized Screening, Inc, Sparks, NV; Con- Eagle Health Supplies, Orange, CA; Eastern Glass Hi Tech Srl, Masera’Di Padova, Italy. cord E & I, Woodstock, IL; Consulting West- Anesthesia, Inc, Newtown, PA; Eastern Ex- Glaxo Australia Ply Ltd, Victgoria, ern Services, Lakewood, CA; Consumer Sen- port Enterprises, Wazirabad, Pakistan; Boronia, Australia; Global Surgical Corpora- sory Products, Inc, Palo Alto, CA; Conti- Eaton Care Telemetry, Inc, Manchester, MI; tion, St. Louis, MO; GNS Audiometrics, Inc, nental Laboratory Products, Inc, San Diego, Edap Technomed, Inc, Burlington, MA; Eigen Wheeling, IL; Go-Mi, Inc, San Anselemo, CA; CA. Video, Nevada City, CA; Eiken Chemical Go Medical Industries Pty Ltd, Subiaco Cook Vascular, Inc, Leechburg, PA; Cordis Company, Inc, Venice, CA; Eisner Cit Perth, Australia; Golden Pacific Industrial Corporation, Miami Lakes, FL; Cordis Web- Medizintechnik Gmbh, Balgheim, Germany; Ltd, Tsuen Wan Nt, Hong Kong; Gordon N ster, Inc, Baldwin Park, CA; Cordis Corpora- Elcat, Gmbh, Wolfratshausen, Germany. Stowe and Associates, Wheeling, IL; Graphic tion, Warren, NJ; Corning Samco Corp, San Electron Company, Ltd, Taipei, China; Controls Corp, Buffalo, NY; Great Smokies Fernando, CA; Corning, Inc, Corning, NY; Electron-Catheter, Company, Rahway, NJ; Diagnostic, Asheville, NC; Grundig Profes- Corp Brothers, Inc, Providence, RI; Cortex Electronics Controls Design, Inc, Milwaukie, sional Electronics Gmbh, Fuerth/Bavaria, Biophysik, Frankfurt, Germany; Cranford X- OR; Electronic Monitors International Corp, Germany; Guest Medical, Ltd, Edenbridge, Ray Co, Houston, TX. Euless, TX; Electronic Design & Research, Kent, United Kingdom; Gulmay Medical Ltd, Creative Medical Development, Inc, Ne- Louisville, KY; Electronic Services Mart, Shepperton, Middlesex, United Kingdom. vada City, CA; Creative Biomedics, San Inc, St. Louis, MO; Elekon Industries USA, Hacker Industries, Inc, Fairfield, NJ; Clemente, CA; Creative Health Products, Inc, Inc, Torrance, CA; Elekta Instruments, Inc, Haemonetics Corp, Braintree, MA; Hal-Hen Plymouth, MI; Critical Care Systems, Inc, Atlanta, GA; Elema-Schonander, Hoffman Co Inc, Long Island City, NY; Hamamatsu Hollywood, FL; Critikon, Tampa, FL; Cross- Estates, IL; Elgems, Ltd, Haifa, Israel; Elias Corp, Bridgewater, NJ; Hamilton Medical, over Industry Products, Inc, Norwalk, CA; USA Inc, Osceola, WI. Inc, Reno, NV; Harley Street Software Ltd, Crystal, Berlin, Germany; CTI Pet Systems, Em Science, Gibbstown, NJ; Emma Mar- Victoria, BC, Canada; Harpell Associates, Inc, Knoxville, TN; CTI Services, Inc, Knox- keting Company, Edison, NJ; Ems Products, Inc, Oakville, Ontario, Canada; Harrigan ville, TN; Custom X-Ray Service, Inc, Phoe- Inc, Kirkland, WA; Ems Handelsgesellschaft Medical Products, Inc, Manchester, VT; nix, AZ; Custom Med, Munchen, Germany; MBH, Korneburg, Austria; Endocrine Harta Corp, Gaithersburg, MD; Hawaii Mega- Cyberlab, Inc, Brookfield, CT; Cygnus, Inc, Sciences, Calabasas Hills, CA; Endoscopy Cor, Inc, Aiea, HI; Hawksley & Sons Ltd, Patterson, NJ; Dacomed Corp, Newport Technology, Inc, Miami, FL; Endosonics Lancing, West Sussex, United Kingdom; Beach, CA; Dade Microscan, Inc, West Sac- Corp, Rancho Gordova, CA; Enthermics Med- HBCI, Los Angeles, CA; Health Images, Inc, ical Systems, Inc, Menomonee Falls, WI; En- Alpharetta, GA; Healthcentric, LLC, ramento, CA. Dade Chemistry Systems, Inc, Newark, DE; vironmental Tectonics Corp, Southampton, Secauscus, NJ. Healthdyne Technologies, Marietta, GA; Dae II Tech Co, Ltd, Seoul, Korea; Daily PA; Enzo Biochem, Inc, Farmingdale, NY; Ep Heartlab, Inc, Westerly, RI; Heartstream, Medical Products, Inc, San Diego, CA; Danby Medsystems, Inc, Mount Arlington, NJ. Epoch Pharmaceuticals, Inc, Bothell, WA; Inc, Seattle, WA; Helena Laboratories, Beau- Medical Ltd, Essex, England; Dantec Med- Eppendorf Geratebau Netheler & Hinz, Attle- mont, TX; Helix Diagnostics, Inc, West Sac- ical, Inc, Allendale, NJ; Data Medical Asso- boro, MA; Erbrich Instrumente Embh, ramento, CA; Heller Laboratories, Sparks, ciates, Inc, Arlington, TX; Dav-Mar Medical Tuttlingen-16, Germany; Eschenbach Optik NV; Hermes Systems, SA, Angleur, Belgium; Products, Inc, Commack, NY; Dayton Water of America, Ridgefield, CT; Eschmann Equip- Hi-Tronics Designs, Inc, Budd Lake, NJ; Systems, Dayton, OH; Del Medical Systems ment, Lancing, Sussex, United Kingdom; Hichem Diagnostics, Brea, CA; Hill-Rom Air Corp, Valhalla, NY; Delta Quality Con- Eschweiler Gmbh & Company, Kiel, Ger- Shields, Hatboro, PA; Hill-Med Inc, Miami, sulting, Plano, TX; Department of Veterans many; Estrin Consulting Group, Potomac, FL; Hillusa, Inc, Miami, FL; Hitachi, Ltd, Affairs, Bay Pines, FL; Department of Vet- MD; Eucardio Laboratory, Inc, San Diego, Hitachinaka, Japan; Hitachi Instruments, erans Affairs, Washington, DC; Deputy Intl, CA; Euro Advanced Technics, Barcelona, Inc, San Jose, CA; Hitachi Science Systems, Ltd, Leeds, United Kingdom; Deroyal Indus- Spain; Europa Scientific, Ltd, Crewe Chesh- Ltd, Hitachinaka-Shi, Japan; Hitachi Med- tries, Inc, Powell, TN. ire, United Kingdom; Ewa Industries, Inc, ical Systems America, Inc, Twinsburg, OH. Dexall Biomedical Labs, Inc, Gaithersburg, Miami, FL; Exocell, Inc, Philadelphia, PA; Hobbs Medical, Inc, Stafford Springs, CT; MD; DGH Technology, Inc, Exton, PA; Diabe- Falcon Surgical Company, Sialkot, Paki- Hofmann-Nagel Medical Systems, Inc, tes Control & Care Technology, Eden Prairie, stan. Irvine, CA; Hogan & Hartson, Washington, MN; Diagnostic Technology, Inc, Hauppauge, Feinfocus Medizintechnik Gmbh, Garbsen, DC; Home Diagnostics, Inc, Fort Lauderdale, NY; Diagnostic Monitoring, Irvine, CA; Diag- Germany; Ferring Pharmaceuticals Inc, FL; Honda Electronics Company, Ltd, nostic Medical Systems, Inc, Fargo, ND; Di- Tarrytown, NY; Fertility Technologies, Inc, Toyohashi, Aichi, Japan; Hope Imaging Corp, agnostic Systems Laboratories, Webster, TX; Natick, MA; Fiberstars, Inc, Fremont, CA; Willow Grove, PA; Horizon Medical Prod- Diagnostic Monitoring Software, Tustin, CA; Fidelity Medical, Inc, Fairfield, NJ; Fidelity ucts, Inc, Manchester, GA; Horizons Re- Diagnostic Resources, Inc, Bay Port, NY; Di- Medical, Inc, Florham Park, NJ; Firehouse search Laboratories Inc, Margate, FL; agnostic Specialties, Metuchen, NJ; Diag- Medical, Inc, Anaheim, CA; Fischer Indus- Hortmann Ag, Neckartenzlingen, Germany; nostic Instruments, Inc, Lorain, OH; tries Incorporated, Geneva, IL; Fitcraft Hti Technologies, St Petersburg, FL; Hudson Diagnostics Biochem Canada, Inc, London, International, Inc, Rosemead, CA; Flowscan, Respiratory Care, Inc, Temecula, CA; Hugh Canada; Diamedix Corp, Miami, FL. Inc, Mill Valley, CA; Flowtronics, Inc, Phoe- Steeper Ltd, London, United Kingdom. Diametrics Medical, Inc, Roseville, MN; nix, AZ; Fmc Bioproducts, Div Fmc Corp, Huntleigh Technology, Inc, Manalapan, Diametrics Medical, Ltd, HIgh Wycombe, Rockland, ME; Focal Corp, Tokyo, Japan; NJ; Hycor Biomedical, Inc, Garden Grove, United Kingdom; Diasorin/American Stand- Focus Biomedical Technologies, Inc, On- CA; Hyundai Pharmaceutical Ind Co Ltd, ard Co, Columbia, MD; Diasorin, Columbia, tario, Canada. Bucheon City, Republic of Korea; I-Fuii En- MD; Diasys Corp, Waterbury, CT; Diatech Forefront Diagnostics, Inc, Laguna Hills, terprise Company, Ltd, Ping-Tung Hsein, Diagnostics, Inc, Boston, MA; Difco Labora- CA; Foshan Analytical Equipment Corpora- China; I-Flow Corp, Lake Forest, CA; I-Stat tories, Inc, Detroit, MI; Digi-Trax Corp, Buf- tion, Foshan, China; Fresco Podologia S L, Corp, Princeton, NJ; Ia Systems, Inc, Al- falo Grove, IL; Digicare Biomedical Tech- Barcelona, Spain; Fresenius Medical Care bany, NY; Ibl Gmbh, Hamburg, Germany; Ics nology, Inc, West Palm Beach, FL; North America, Lexington, MA; Fukuda Medical Corp, Schaumburg, IL; Ifci/ Digivision, Inc, San Diego, CA; Dimeda Denshi America Corp, Redmond, WA; Clonesystems Spa, Casalecchio Di Reno, Instrumente, Tuttlingen, Germany; Direct Fukuda M–E Kogyo Company, Ltd, Tokyo, Italy; Igen International, Inc, Gaithersburg, Marketing Enterprises Healthhouse, Japan; Fukuda Denshi Co, LTD, Tokyo, MD; Ihara Medics US, Inc, Valencia, CA; Westbury, NY; Dis-Digital Systems, Inc, Japan; Futuremed America, Inc, Granada Image Analysis, Inc, Columbia, KY; Imaging Walnut, CA; Disetronic Medical Systems, Hills, CA; G & J Electronics, Inc, Ontario, Accessories, Inc, Salt Lake City, UT. Minneapolis, MN. Canada; G U Manufacturing, London, United Imatron, Inc, South San Francisco, CA; Diversified Electronics Co, Inc, Philadel- Kingdom; G Dundas Company, Black Dia- Immco Diagnostics, Inc, Buffalo, NY; phia, PA; DM Davis, Inc, New York, NY; Dol- mond, WA; Gallant International, Inc, Flush- Immunalysis Corp, San Dimas, CA; Immuno phin Imaging Systems, Woodland Hills, CA; ing, NY. Gmbh, Heidelberg, Germany; Immuno Con- Dong-A Medical Imaging, Inc, Santa Fe Gambro Healthcare, Lakewood, CO; cepts Inc, Sacramento, CA; Immuno-Diag- Springs, CA; Dong Bang, Santa Fe Springs, Gamma Biologicals, Inc, Houston, TX; nostic Lab and Products, La Mirada, CA;

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10793 Immunostics, Inc, Ocean City, NJ; Technologies, Inc, Fairfax, VA; Le Medikon Medtronic Bio-Medicus, Inc, Eden Prairie, Immunotech Corp, Westbrook, ME; Imnet Products Inc, Anaheim, CA; Leocor Inc, MN; Medtronic Neurological, Minneapolis, Systems, Inc, Alpharetta, GA; Infusion Med- Houston, TX; Lexicor Medical Technology, MN; Medx, Inc, Arlington Heights, IL; Mela ical, Inc, Wheat Ridge, CO; Innerspace, Inc, Inc, Boulder, CO. Gmbh Elektromdizin, Munich, Germany; Santa Ana, CA; Innogenetics SA, Haven, Life Sciences International, Ltd, Astmoor, Melco Wire Products Co, Glendale, CA; Sweden; Innomed Systems, Inc, Apopka, FL; Runcorn, Cheshire, United Kingdom; Life Memtec Corporation, Salem, NH; Mentor Innoserve Technologies, Inc, Arlington, TX; Tech International Inc, Stafford, TX; Corp, Santa Barbara, CA; Mercodia, Uppsala, Innovation Instruments Inc, Tallahassee, Lifecare Medical International Corp, Phila- Sweden; Mercury Enterprises, Inc, Clear- FL. delphia, PA; Lifeline Systems, Inc, Cam- water, FL; Merss Corp, Indianapolis, IN; Innovative Concept Development, Inc, bridge, MA; Lifescan, Inc, Milpitas, CA; Mesys, Hanover, Germany; Metavox, Inc, Vi- Littleton, CO; Innovative Imaging, Inc, Sac- Lifesensors, Inc, Upper Montclair, NJ; enna, VA; Metra Biosystems, Inc, Mountain ramento, CA; Innovative Medical Systems Lifesign LLC, Somerset, NJ; Light View, CA; Metraco Diagnostics, Inc, Hous- Corp, Ivyland, PA; Inovix Imaging Tech- Diagnostics, Temecula, CA; Lightner Spe- ton, TX; Michigan Airgas, Midland, MI. nologies, Inc, Rockville, MD; Instromedix, cialty Gas, Inc, Wichita, KS; Linsure Indus- Micro Focus Imaging, Inc, Wheeling, IL; Inc, Hillsboro, OR; Instrumentarium Imag- tries, Ltd, Taipei, Taiwan; Liston Scientific Micro-Shev Limited, Efrat, Israel; Micro- ing, Tuusula, Finland; Instrumentation Lab- Corp, Irvine, CA; Localmed, Inc, Palo Alto, Processor Services, Inc, Huntington Station, oratory, Lexington, MA; Instrumentation for CA; London Health Sciences Centre, London, NY; Micromedical, Inc, Northbrook, IL; Medicine, Inc, Greenwich, CT; Integra Bio- Ontario, Canada; Low High Enterprise Co, Microwave Medical Systems, Inc, Acton, MA; sciences, Inc, Lowell, MA; Integrated Display Ltd, Kaohsiung, China. Mie America, Inc, Elk Grove Village, IL; Technology, Ltd, Hunghom, Hong Kong; In- Lp Italiana Spa, Milano, Italy; Luminaud, Millar Instruments, Inc, Houston, TX; Mil- tegrated Diagnostics, Inc, Baltimore, MD; Inc, Mentor, OH; Lumisys, Inc, Tucson, AZ; lennia Technology, Inc, Cheswick, PA; Mine Integrity Products, Inc, Grandview, MO. Lumitex, Inc, Strongsville, OH; Lunar Corp, Safety Appliances, Co, Cranberry Township, Integrated Medical Devices Inc, Syracuse, Madison, WI; Luxilon, Antwerp, Belgium; PA; Mir Medical International Research, NY; International Newtech Development, LXN Corp, San Diego, CA; Lyons Medical In- Roma, Italy; Mitsubishi Electronics Amer- Inc, Delta, Canada; International Medical In- strument, Sylmar, CA; M I T Service, Inc, ica, Inc, Somerset, NJ; Mizuho USA, Inc., dustries, Coral Springs, FL; International San Diego, CA; M & C Specialties Company, San Diego, CA; Modular Instruments, Inc., Diagnostics Group Plc, Bury, United King- Southampton, PA; M A S, Inc, Burlington, Malvern, PA. dom; International Medical Equipment Bro- NJ; Mabis Healthcare, Inc, Lake Forest, IL; Moduls Data Systems, Inc, Santa Clara, kers, Mandeville, LA; International Hospital Madsys Inc, Hasbrouck Heights, NJ; Magna CA; Molecular Bio-Products Service Corp, Supply Company, Los Angeles, CA; Inventive Medical, Inc, Miami, FL; Magna-Lab, Inc, San Diego, CA; Monarch Medical Equipment, Products, Inc, Decatur, IL; Inveresk Re- Syosset, NY; Magnetic Research, Inc, Provo, Ltd, Staten Island, NY; Monobind, Costa search (NA), Inc, San Rafael, CA; Invitro UT. Mesa, CA; Morgan Medical Ltd, Rainham, Diagnostika Gmbh, Mainz Kastel, Germany; Maine Oxy-Acetylene Supply Company, Kent, United Kingdom; Mortara Instrument, Invivo Research, Inc, Orlando, FL; Ionetics Auburn, ME; Mallinckrodt Inc, St Louis, Inc, Milwaukee, WI; MPI Medical Products, Inc, Fountain Valley, CA; Iowa Doppler MO; Mardx Diagnostics, Inc, Carlsbad, CA; Inc, Miami, FL; MRI Devices Corp, Products, Inc, Iowa City, IA. Marox Corporation, Springfield, MA; Mar- Waukesha, WI; MTC-Quintiles, Rockville, Ironwood Industries, Inc, Libertyville, IL; quette Hellige, Freiburg, Germany; Mars MD; MUI Scientific, Mississauga, Ontario, Ite Sheltered Workshop, St Louis, MO; Itt Metal Company, Ltd, Yorba Linda, CA; Mas- Canada; Multidata Systems International Electro Optical Products Div, Roanoke ter-Pak Lab, Inc, Paterson, NJ; Mathys Med- Corp, St Louis, MO; Multigon Industries, Inc, County, VA; IV Diagnostics, Inc, Shelton, ical Ltd, Bettlach, Switzerland; Matreya, Yonkers, NY; Multisciences, Inc, Berwick, CT; J S Biomedicals, Inc, Ventura, CA; J J Inc, Pleasant Gap, PA; Matsuhita Commu- ME; Multispiro/Creative Biomedics, San Consulting Services, Inc, Miami, FL; J & M nication Industrial Company, Ltd, Yoko- Clemente, CA. Cylinder Gases, Inc, Decatur, AL; J & T In- hama, Kanagawa, Japan; Maxxim Medical, MWI, Inc, Dallas, TX; Myraid Ultrasound struments, Tuttlingen, Germany; J & S Med- Inc, Athens, TX; MBI Inc, Las Vegas, NV; Systems, Inc, Englewood, NJ; N-Ject LPP, ical Associates, Inc, Framingham, MA; Jaco Mca Software Services, Inc, Tucson, AZ; McHenry, IL; Nagase Corp, Tokyo, Japan; Medical Equipment, Inc, San Diego, CA; Med-Acoustics, Inc, Stone Mountain, GA. National Medical Services, Inc, Willow Jamieson Film Company, Dallas, TX; Jayza Med-I-Co, Signal Hill, CA; Medamicus, Inc, Grove, PA; National Instrument Company, Corp, Miami, FL; Jim’s Instrument Mfg, Inc, Minneapolis, MN; Medela Inc, McHenry, IL; Inc, Baltimore, MD; NBS Medical, Inc, Costa Iowa City, IA; Johnson & Johnson Profes- Medese Ag, Zurich, Switzerland; Medex, Inc, Mesa, CA; NCS Healthcare of Oklahoma, Del sionals, Inc, Raynham, MA. Hilliard, OH; Medgyn Products, Inc, Oak City, OK; NCS Diagnostics, Inc, Etobicoke, Johnson & Johnson Clinical Diagnostics, Brook, IL; Medi Nuclear Corp, Inc, Baldwin Ontario, Canada; Neal Compton Enterprises, Inc, Rochester, NY; Jones Medical Instru- Park, CA; Medic, Inc, Omaha, NE; Medical Inc, Benicia, CA; Nellcor Puritan Benntt Ire- ment Co, Oak Brook, IL; Jostra USA, Austin, Physics Colorado Inc, Boulder, CO; Medical land, Ltd, Galway, Ireland; Nen Life Science TX; Jouan S A, Saint Herblain, France; Jpi, Information Systems of Maryland, Balti- Products Inc, Boston, MA; Neogenesis Corp, Inc, Santa Monica, CA; JS & A Group, Las more, MD; Medical Information Technology, East Northport, NY. Vegas, NV; Jungwon Precision Ind Co Ltd, Inc, Westwood, MA; Medical Analysis Sys- Neometrics, Inc, East Northport, NY; Seoul, Republic of Korea; K W Griffen Com- tems, Inc, Camarillo, CA; Medical Measure- Neopath, Inc, Redmond, WA; Neoterik pany, Norwalk, CT; Kam Ma Trading Com- ments, Inc, Hackensack, NJ; Medical Tech- Health Technologies, Inc, Woodsboro, MD; pany, Tsuen Wan, Hong Kong; Kardiosis Ltd nical Gases Inc, Medford, MA; Medical Sys- Network Concepts Inc, Middleton, WI; Co, Ankara, Turkey; Karmel Medical Acous- tems Engineering, Inc, Oakland, CA. Neurocom International, Inc, Clackamas, tic Technologies Ltd, Tirat Hacarmel, Israel; Medical Chemical Corp, Santa Monica, CA; OR; Neuromedical Systems, Inc, Suffern, NY; KAS and Associates, Nottingham, United Medical Reports Exchange Inc, Baltimore, Neuroscientific Corp, Penndel, PA; Kingdom; Kasha Software, Inc, Charlotte, MD; Medical Imaging Technology Associ- Neurotron, Inc, Lawrenceville, NJ; New York NC. ates, Inc, Mainland, PA; Medical Knowledge Blood Center, Inc, New York, NY; New Prod- Katecho, Inc, Des Moines, IA; Kaulson Lab- Systems, Inc, Boulder, CO; Medical Systems uct Development, Inc, East Syracuse, NY; oratories, Inc, West Caldwell, NJ; Keithley Engineering, Inc, Baltimore, MD; Medical Newmed Corp, Richardson, TX; Nexair, LLC, Instruments, Inc, Solon, OH; Keomed, Inc, Data Electronics, Inc, Arleta, CA; Medical Memphis, TN; Nexell Therapeutics, Inc, Minnetonka, MN; Kimble Glass, Inc, Vine- Device Industry, St Wendel, Germany; Medi- Irvine, CA; Nichimen Europe Plc, land, NJ; King Diagnostics, Inc, Indianap- cation Delivery Devices, Inc, San Diego, CA; Duesseldorf, Germany. olis, IN; KNC Systems, Inc, Merrimack, NH; Medicor, Budapest, Hungary; Medilink, Nichiryo Co Ltd, Tokyo, Japan; Nichols In- Knighton Limited, Buckhurst Hill, Essex, Montpellier, France; Medim stitute Diagnostics, San Juan, CA; Nicolet United Kingdom; Koda and Androlia, Los An- Histotechnologie, Gieben, Germany; Vascular Inc, Golden, CO; Nidek Inc, Fre- geles, CA; Komed, Budapest, Hungary; Medimatic, New York, NY; Medionics Inter- mont, CA; Nihome Seimitsu Sokki, Gunma- Konica Corporation, Hino City, Tokyo, national Inc, Markham, Ontario, Canada. Ken, Japan; Nihon Kohden Corp, Tokyo, Japan; Kontron Instruments Ag, Basel, Medis S R L, Milano, Italy; Medisense, Inc, Japan; Nihon Comac Co Ltd, Matsumoto Schweiz, Germany; Kowa Optimed, Inc, Tor- Bedford, MA; Medisense Contract Manufac- City, Japan; Nihon Kohden, Irvine, CA; Nipro rance, CA; Kumar, Inc, Rio Piedros, PR; Kurt turing, Ltd, Abingdon, Oxon, United King- Company Ltd Research & Overseas Dept, K Fetzer, Tuttlingen, Germany. dom; Medisol Ltd Medical Products, St Tokyo, Japan; Noise Cancellation Tech- Kwm Electronics Corp, West Jordan, UT; Louis, MO; Medison America, Inc, nologies Inc, Linthicum, MD; Nomos Corp, L–3 Communications Corp, Camden, NJ; L2 Pleasanton, CA; Medisurg Industries, Inc, Lake Worth, FL; Norland Corp, Fort Atkin- Systems, Inc, Austin, TX; La Mont Medical, Herndon, VA; Meditec, Company Ltd, son, WI; Northeast Monitoring Inc, Sudbury, Inc, Madison, WI; Lab Vision Corp, Fremont, Dongdaemun-Ku, Seoul, Republic of Korea; MA; Northrop Gruman Corp, Pico Rivera, CA; Labconco Corp, Kansas City, KS; Lab- Mediware Information Systems, Inc, Mel- CA; Norwood Coated Products, Frazer, PA. oratories Knickerbocker, Barcelona, Spain; ville, NY; Medro Systems, Inc, McKinney, Nova Biomedical Corp, Waltham, MA; Laboratory Equipment Corp, Mooresville, TX; Medstone International, Inc, Aliso Viejo, Nova Technologies Inc, Hauppauge, NY; IN; Labsystems Oy, Helsinki, Finland; Ladd CA; Medsys, Inc, Hasbrouck Heights, NJ; Novamed Ltd, Jerusalem, Israel; NTL Asso- Research Industries, Inc, Burlington, VT; Medtec Corp, Chapel Hill, NC; Medtronic Ps ciates Inc, East Brunswick, NJ; Nubenco En- Lallvet Medical, Inc, West Allis, WI; LC Medical, Goleta, CA. terprises, Inc, Paramus, NJ; Nuccardiac

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10794 CONGRESSIONAL RECORD — SENATE September 23, 1998 Software Inc, Yorba Linda, CA; Nuclin Wyckoff, NJ; Prucka Engineering, Inc, Hous- Sensor Devices, Inc, Waukesha, WI; Diagnostics Inc, Northbrook, IL; Nxlink Ltd, ton, TX; Przybyla and Associates, Inc, Sensormedics Corp, Yorba Linda, CA; Richland, WA; O-Two Systems, Mississaugu Tomball, TX; Pt Dharma Medipro, Seracare Technology, Austin, TX; Serbio, Ontario, Canada; Occupational Marketing Tangerang, Indonesia; Pulmonary Data Serv- Gennevilliers, France; Settler Medical Elec- Inc, Houston, TX; Ocenco Inc, Kenosha, WI; ices Inst, Inc. Louisville CO; Pulmonox Re- tronics Inc, Winnipeg, Canada; Seward, Ltd, Ocular Research Associates Inc, Coconut search & Development, Tofield, Canada; Thetford, United Kingdom; Shandon, Inc, Creek, FL; Oculus Optikgerate Gmbh, Pulse Metric, Inc, San Diego, CA; Pulse Bio- Pittsburgh, PA; Shanghai Medifriend Med- Wetzlar, Germany; Odam, Wissembourg, medical, Inc, Norristown, PA. ical Products, Shanghai, China; Shanghai France. Pulse Metric Taiwan, Inc, Taipei, China; Joe’s Automatic Devices, Inc, Shanghai, Oec Medical Systems Inc, Salt Lake City, Pulse Scientific, Inc, Burlington, Canada; China; Shantou Institute of Ultrasonic In- UT; Oem Systems Co Ltd, Uji-Shi, Japan; Puritan Bennett Corp, Minneapolis, MN; Pu- struments, Shantou, China; Shared Systems, Ohlendorf Research Inc, Ottawa, IL; Olympic ritan Bennett Corp, Carlsbad, CA; Puritan Inc, Martinez, GA; Sharper Image Corp, Lit- Controls Corp, Elgin, IL; Olympus America Bennett Corp, Lenexa, KS; Pyramid Biologi- tle Rock, AR; Sharplan Lasers, Inc, Inc, Melville, NY; Omega Medical Imaging cal Corp, Van Nuys, CA; QRS Diagnostic, Allendale, NJ; Sherwood Medical Co, Hazel- Inc, Sanford, IL; Omron Dalian Co Ltd, LLC, Plymouth, MN; Qualis, Inc, Des wood, MO. Dalian, China; Oncor Inc, Gaithersburg, MD; Moines, IA; Quantimetrix, Redondo Beach, Sherwood Medical Co, Bothell, WA; Shield Opthalmed Inc, San Marcos, CA; Optical CA; Quantum Life Systems, Inc, Great Mead- Diagnostics, Ltd, Dundee, United Kingdom; Technology Devices Inc, Elmsford, NY; Op- ows, NJ; Quidel Corp, San Diego, CA; Siemens Medical Systems, Inc, Concord, CA; tima Inc, Tokyo, Japan; Optimed Tech- Quinton Electrophysiology Corp, Richmond Siemens Medical Systems, Inc, Hoffman Es- nologies Inc, Livingston, NJ; Optometrics Hill, Canada. tates, IL; Siemens Medical Systems, USA Inc, Ayer, MA; Orbit Inc, Oak Ridge, Quinton Instrument Co, Bothell, WA; R & Issaquah, WA; Siemens Medical Systems, TN; Organon Teknika Corp, Durham, NC; F Imaging Systems, Inc, Smyrna, GA; R2 Danvers, MA; Siemens Medical Corp, Iselin, Organtec, Mainz, Germany. Diagnostics, Inc, South Bend, IN; Rad- NJ; Sigma Chemical Co, St Louis, MO; Orion Diagnostica (Orion Corporation), Source, Inc, Coral Springs, FL; Radiation Sigma Laboratory Centrifuges, Osterode, Espoo, Finland; Orion Research Inc, Beverly, Oncology Computer Systems, Carlsbad, CA; Germany; Sigma Diagnostics, Inc, St Louis, MA; Ortho-Clinical Diagnostics, Inc, Roch- Radiographic Equipment Services, Inc, Riv- MO; Simonsen Medical A/S, Randers, Den- ester, NY; Ortho-Clinical Diagnostics, Inc, erside, CA; Radiological Specialists, Inc, Van mark; Sims Graseby Ltd, Watford, United Raritan, NJ; Ortivus Ab, Taby, Sweden; Osim Nuys, CA; Randwal Instrument Co, Inc, Kingdom; Sims Portex Ltd, Kent, United (USA) Inc, Bellevue, WA; Ostemeter Southbridge, MA; Rapid-Aid Ltd, Oakville, Kingdom. Meditech A/S, Horsholm, Denmark; Otago Canada; Raymax of Canada, Brampton, Can- Sims Pneu Pac, Ltd, Luton, United King- Corp, Ipoh, Malaysia; Oxarc Inc, Pasco, WA; ada; Reflex Industries, Inc, San Diego, CA; dom; Sinmed BV, Reeuwijk, Netherlands; Oxford Medical Inc, Largo, FL; Oxigraf Inc, Reid & Priest, LLP, New York, NY; Remco Sita Associates, Flossmoor, IL; Sitco, Inc, Mountain View, CA; Oxis International Inc, Italia, South Pedrino Di Vignate, Italy. Arlington Heights, IL; Skatron, Inc, Ster- Portland, OR; Oxygen Therapy Institute, Remedpar, Inc, Goodlettsville, TN; Repub- ling, VA; Sleepnet Corporation, Manchester, Livonia, MI; Pace Tech Inc., Clearwater, FL, lic Drug Co, Inc, Buffalo, NY; Research Con- NH; SLP, Ltd, Tel-Aviv, Israel; Smithkline Pacific Pharmaceuticals Inc, San Diego, CA; sultants, Inc, Waco, TX; Respiratory Support Diagnostics, Inc, Sharon Hill, PA; SMV Packard Bioscience Co, Downers Grove, IL; Products, Inc, Irvine, CA; Rhomicron America, Twinsburg, OH; Snap Laboratories, Pantex—Div Bio-Analysis Inc, Santa Monica, Electronica Medica, Buenos Aires, Argen- LLC, Glenview, IL; Snijders Analysers BV, CA; Park Surgical Co, Brooklyn, NY. tina; Ricca Chemical Co, Arlington, TX; Riv- Tilburg, Netherlands; So-Cal Airgas, Lake- Park Medical Systems Inc, Lachine Que- erside Corporation, Tokyo, Japan; RJ Har- wood, CA; Soft Computer Consultants, Palm bec, Canada; Parks Medical Electronics Inc, vey Instrument Corp, Hillsdale, NJ; RMC, Harbor, FL; Solomon Technology Corp, Aloha, OR; Parsons Airgras, San Diego, CA; Tucson, AZ; Roche Diagnostics, Somerville, Chandler, AZ; Somanetics Corp, Troy, MI; Particle Data, Inc, Elmhurst, IL; Pasadena NJ; Roche Diagnostic Systems, Inc, Somer- Somatronix Research Corp, Granby, CT. Scientific Industries, Pasadena, MD; ville, NJ; Rocky Mountain Reagents, Inc, Paterson Scientific Inc, Paterson, NJ; Denver, CO; Rodenstock USA, Inc, Danbury, Sonar Hearing Health, Eagan, MN; Sono Payton Associates Inc, Buffalo, NY; PDX CT; Roman Vladimirsky, Los Angeles, CA; Diagnostics, Inc, Pinellas Park, FL; Technologies, Westlake Village, CA; Peb As- Rossmax Intl, Ltd, Taipei, China. Sonogage, Inc, Cleveland, OH; Sonosight, sociates, Seargeantsville, NJ; Pemco Inc, Rova Co, Inc, Newbury, OH, Rowley Bio- Inc, Bothell, WA; Sorba Medical Systems, Independence, OH; Perimed Inc, Smithtown, chemical Institute, Inc, Danvers, MA; RT Inc, Brookfield, WI; Spectronic Instruments, NY; Perimed Ab, Jarfalla, Sweden; Technical Services, Burleson, TX; Rusch, Inc, Rochester, NY; Spirometrics Medical Perimmune Inc, Rockville, MD; Perkens Inc, Duluth, GA; RW Johnson Pharma- Equipment Co, Auburn, ME; SRD Shorashim Electronics Co, Dallas, TX; Perstorp Analyt- ceutical, Research Inst, Raritan; S & W Medical, Ltd, DN Misgav, Israel; Stanbio ical, Wilsonville, OR; Peter W Seeh Medical, Medico Teknik, Aabybro, Denmark; S & M Laboratory, Inc, San Antonio, TX; Standard Tuttlingen, Germany. Instrument Co, Doylestown, PA; Sable In- Scientific, Inc, Hebron, KY; Starkey Labora- Pett Electronics Inc, Webster Groves, MO; dustries, Oceanside, CA; Sag Harbor Indus- tories, Inc, Eden Prairie, MN; Statcorp, Inc, Phamatech, San Diego, CA; Pharmacia & tries, Inc, Sag Harbor, NY; Saleem Surgico, Jacksonville, FL; STC Technologies, Inc, UpJohn, Kalamazoo, MI; Philips Lighting Sialkot, Pakistan; Samsung-Ge Medical Sys- Bethlehem, PA; Stemcell Technologies, Inc, Co, Somerset, NJ; Philips Medizin Systeme, tems Co, Sungnam-Shi, Korea; San Diego Vancouver, Canada. Hamburg, Germany; Phoenix Biomedical Biotech, San Diego, CA; Sandare Inter- Stephenson Industries, Inc, Point Pleas- Corp, Norristown, PA; Phycon Medical national Inc, Cedar Hill, TX; Sanfan Plastic ant, NJ; Steritek, Inc, Moonachie, NJ; Sciences, Inc, Tampa, FL; Physio Systems, & Rubber Co, Ltd, Chengdu, China. Sterne Manufacturing, Brampton, Canada; Inc, Newark, CA; Physio-Dyne Instrument Sanko Junyaku Co, Ltd, Tokyo, Japan; St Jude Medical Cardiac Rhythm Manage- Corp, Farmingdale, NY; Pi Medical, Athens, Sanofi Diagnostics Pasteur, Redmond, WA; ment Division, Sylmar, CA; Storch, Amini, & TN; Pie Medical Equipment BV, Maastricht, Sanofi Diagnostics Pasteur, Marnes-La-Co- Munves, New York, NY; Stratec Elektronik, Netherlands; Planet Products Corp, Madison, quette, France; Sanwa Kagaku Kenkyusho, Birkenfeld, Germany; Strategic Diagnostics, WI; PML Microbiologicals, Wilsonville, OR; Nagoya, Japan; Sarstedt, Inc, Newton, NC; Inc, Newark, DE; Summit Medical Inc, Palm Point Plastics, Inc, Petaluma, CA. Sasco, Inc, Charlotte, NC; Sato Light Indus- Harbor, FL; Sun Nuclear Corporation, Mel- Pointe Scientific, Inc, Lincoln Park, MI; try Co, Ltd, Agei-Gun, Japan; Scan Medical, bourne, FL; Sun Biomedical Laboratories, Polar Cryogenics, Inc, Portland, OR; Ltd, Middlesex, United Kingdom; Scanco, Inc, Blackwood, NJ; Sunquest Information PolHiTech SRL, Carsoli, Italy; Poly Sci- Inc, Ithaca, NY; Scanditronix Medical AB, Systems, Inc, Tucson, AZ; Suntex Instru- entific Research & Development Corp, Uppsala, Sweden; Scantibodies Laboratory, ments Co, Ltd, Taipei, China; Superkit Intl, Bayshore, NY; Portable Medical Labora- Inc, Santee, Ca; SCC, Inc, Hawthorne, CA; Inc, Miami, FL. tories, Inc, Solana Beach, CA; Positron Corp, Schiapparelli Biosystems, Inc, Fairfield, NJ; Surgical Navigation Technologies, Broom- Houston, TX; Pratt Medical, Inc, Olathe, CO; Schick Technologies, Inc, Long Island, NY. field, CO; Surgical Technologies, Inc, Salt Praxair Inc, Middleburg Heights, OH; Schiff & Co, West Calwell, NJ; Schiller AG, Lake City, UT; Surgical Instrument Co of Praxair Distribution, Middleburgh Heights, Baar, Switzerland; Schinkoeth Equip- America, Ridgefield, NJ; Surgicon, Ltd, OH; Praxair Distribution Southeast Llc, amentos Medico-Hospitalares LTDA, Nucleo Sialkot, Pakistan; Suzuken Co, Ltd, Hagoya- Middleburg Heights, OH; Precise Optics, Bay Bandeirante, Brazil; Schoch Electronics, Higashi, Japan; Swelab Instrument, Stock- Shore, NY; Precision Systems, Inc, Natick, Regensdorf, Switzerland, Scintillation Tech- holm, Sweden; Swemed Lab Intl, Billdal, MA; Prentke Romich Co, Wooster, OH; nologies Corp, Knoxville, TN; Scribner Sweden; Sybron Intl Corp, Milwaukee, WI; Prime Ideas, Inc, Willmar, MN; Princeton Browne, Inc, Boulder, CO; Seac SRL, Syntron Bioresearch, Inc, Carlsbad, CA; Biomeditech Corp, Princeton, NJ. Calenzano, Italy; Sealite Sciences, Inc, Nor- Sysmex Corp, Long Grove, IL; Systec Com- Priority Healthcare Corp, Altamonte cross, GA; Sechrist Industries, Inc, Anaheim, puter Associates, Inc, Mount Sinai, NY; Springs, FL; Prism Microsystems, Ltd, CA; See Sea Development, Inc, Seminole, Tanabe USA, Inc, San Diego, CA; Tasteful Borehamwood, United Kingdom; Procedure FL; Seiko Instruments, Inc, Chiba-Shi, Corporation, Taipei, China; Technical Products, Inc, Vancouver, WA; Progetti Japan; Sela Electronic, Inc, New York, NY; Chemicals & Products, Inc, Ft Lauderdale, SRL, Torino, Italy; Propper Mfg Co, Inc, Senior Technologies, Inc, Lincoln, NE; Sens- FL; Teco Diagnostics, Anaheim, CA; Teco Long Island City, NY; Protel USA, LLC, O-Tech Industries, Inc, Tinton Falls, NJ. Medical Instruments, Ergoldsbach, Germany.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10795 Telediagnostic Systems, Inc, San Fran- Krawitz, Orange, CA; Wilson Sonsini Good- the field next spring. It is a dev- cisco, CA; Telex Communications, Inc, Min- rich and Rosati, Palo Alto, CA; Winfield astating circumstance in the farm belt. neapolis, MN; Terumo Medical Corp, Elkton, Medical, San Diego, CA; Winmed Instru- So the Senator from South Dakota MD; Texas Immunology, Inc, Tyler, TX; ments Mfg. Corp, Taipei, China; Wipro Ge was saying we need somehow to protect Texas Intl Laboratories, Inc, Houston, TX; Medical Systems Ltd, Bangalore, India; Wis- Texas Medical Electronics Co, Houston, TX; consin Pharmacal Co, Jackson, WI; Witt Bio- our rights to address these key issues. The Lahr Consulting Group, Inc, Mahwah, medical Corp, Melbourne, FL; WL Gore & As- I know the Senator from Arizona ac- NJ; The Kohl Group, Scottsdale, AZ; The sociates, Inc, Phoenix, AZ; World Wide Plas- knowledged that he understood that. I Anson Group, LLC, Indianapolis, IN; The tics, Inc, Trevose, PA; Wuzi Haiying-Cal Tec just wanted to point out, again, it is Soule Company, Inc, Tampa, FL; The Electronic Equipment Co., Wuxi, China. not anybody’s intention to provide Perkin-Elmer Corp, Norwalk, CT; Theranol Wyndgate Technologies, Rancho Cordova, roadblocks. What we want to try to do Deglaude Laboratories, Bagneux, France; CA; Wyrick, Robbins, Yates & Ponton, Ra- is see if we can find avenues to address Theratronics Intl, Ltd, Kanata, Canada; leigh, NC; X R E Corp, Littleton, MA; X-Cel Thermo Separation Products, San Jose, CA. significant and real issues. X-Ray Corp, Cystal, Lake, IL; Xenos Medical Yes, the Internet bill will get here Timm Research Co, Eden Prairie, MN; Systems, Inc, New Canaan, CT; Xerox Adapt- Tiyoda Mfg USA, Inc, Torrance, CA; TM ive Technologies, Peabody, MA; Xingtai and I think get done at some point. But Analytic, Inc, Brandon, FL; Toitu of Amer- Plastic Medical Apparatus Factory, Xing- we need to protect the rights, as legis- ica, Inc, Wayne, PA; Tomtec Imaging Sys- Tai, China; Xitron Technologies, Inc, San lation brought is to the floor, to deal tems, Unterschleissheim, Germany; Top Diego, CA; Xtec, Inc, Columbia City, IN; with the Patients’ Bill of Rights and to Corp, Tokyo, Japan; Toray Marketing & Yorke Enterprises, Ltd, Mitcham, United deal with the agricultural crisis which Sales, Inc, Houston, TX; Toshiba Corp Med- Kingdom; Young Dental Mfg. Co, Browns- is potentially so devastating to the ical Engineering Center, Otawara-Shi, ville, TX; Ysi, Inc, Yellow Springs, OH; Japan; Toshiba Corporation, Tochigi-Ken, farm belt in this country. Yukosha Co, Inc, Tokyo, Japan. I wanted to make that point clear to Japan; Tosoh Medics, Inc, Foster City, CA; Z-Tech, Inc, Charleston, SC; Zaxis Inc, Touritu Engineering Co, Inc, Suzuka, Japan; Hudson, OH; Zee Medical, Inc, Irvine, CA; reinforce the comments made by Sen- Toys For Special Children, Inc, Hastings on Zenex Corp, Elk Grove Village, IL; Zertl ator DASCHLE earlier. Hudson, NY; Trac Medical, Inc, Raleigh, NC; Medical, Inc, Pennington, NJ; Zetek, Inc, I yield the floor. I know the Senator Trace America, Inc, Miami, FL. Aurora, CO; Zeus Scientific, Inc, from Oregon wishes to be recognized. Translite, Sugarland, TX; Tri-Gas, Inc, Ir- Branchburg, NJ; Zewa, Hergiswil, Switzer- Mr. WYDEN addressed the Chair. ving, TX; Tri-Continent Scientific, Inc, land; Zimmer Elektromedizin Corp, Irvine, The PRESIDING OFFICER. The Sen- Grass Valley, CA; Trinity Biotech, Dublin, CA. ator from Oregon. Ireland; Trionix Research Laboratory, Inc, The PRESIDING OFFICER. The Sen- Twinsburg, OH; Tubemaster, Inc, Grand Mr. WYDEN. Mr. President, I will be Prairie, TX; U-Med Industrial, Inc, Tokyo, ator from North Dakota. brief. First, I thank the Senator from Japan; UGM Medical Systems, Inc, Philadel- f North Dakota for all the work he has phia, PA; Ulster Scientific, Inc, New Paltz, done over the last few months on the INTERNET LEGISLATION AND THE NY; Ultravoice, Ltd, Berwyn, PA; UMA, Inc, Internet tax freedom bill. We are going RIGHT TO ADDRESS KEY ISSUES Dayton, VA; UMM Electronics, Inc, Indian- to get there to no small degree because apolis, IN; Unipath, Ltd, Bedford, United Mr. DORGAN. Mr. President, going the Senator from North Dakota has Kingdom; United Biotech, Inc, Mountain back to the previous discussion on the worked so closely with us. I thank him View, CA; Universal Medical Systems, Inc, Internet tax issue that the Senator Clearwater, FL; Universal Medical Systems, for it. Inc, Bedford Hills, NY. from Arizona raised, I want to make a In the last few minutes, we have Unotech Diagnostics, Inc, San Leandro, comment about both the objection talked about two extremely important CA; UO Equipment Co, Houston, TX; raised by the minority leader, Senator subjects: the question of a Patients’ Urometrics, Inc, St Paul, MN; US Endoscopy DASCHLE, as well as the bill itself. Bill of Rights and the Internet tax free- Group, Inc, Mentor, OH; US Filter/Ionpure, The bill started out being a very con- dom bill. Both of these bills are ex- Inc, Lowell, MA; US Filter, St Louis Park, troversial piece of legislation. There tremely important to me. In fact, MN; US Filter Continental Water Systems, was great disagreement on exactly El Paso, TX; US Summit Co, New York, NY; shortly after I came to the U.S. Senate USA Instruments, Inc, Aurora, OH; Validyne whether and how to proceed on this in 1996, I offered one of the key provi- Engineering Sales Corp, Northridge, CA; issue. But I must say, the Senator from sions in the Patients’ Bill of Rights Valmed, Inc, Northboro, MA; Varian Interay, Oregon, the Senator from Arizona, and with Senator KENNEDY. It was legisla- North Charleston, SC; Varian-Tem Ltd, others have worked with a number of tion to ban these gag clauses, these ri- Crawley, United Kingdom; Varian-Arlington us who have had reservations and con- diculous provisions in managed care Heights, Arlington Heights, IL. cerns about the bill. I think we have agreements that literally keep physi- Varian Chromatography Systems, Walnut made a substantial amount of progress. cians from telling their patients about Creek, CA; Vasculab Medizintechnik, Poel Island, Germany; Versamed, Ltd, Tel-Aviv, I expect at some point it will get to the all their health care options. These gag Israel; VF-Works, Inc, Palm Harbor, FL; Vic- floor of the Senate here, and I will hope clauses are unconscionable. We re- tor Equipment Co, Denton, TX; Vidamed, to be helpful on a compromise that I ceived over 50 votes the first time we Inc, Fremont, CA; Viran Clinical think does the right thing. brought it to the floor of the U.S. Sen- Diagnostics, Inc, Stevensville, MI; Virtual I always said if the proposition is, let ate, at a time when people knew very Corp, Portland, OR; Vision Instruments, Ltd, us not apply punitive taxes to the little about the subject. I feel very Melbourne, Australia, Visionics Corp, Min- Internet, I am for that. I am for a pro- strongly about the Patients’ Bill of neapolis, MN; Vitalcom, Inc, Tustin, CA; hibition against punitive taxes on the Rights and, hopefully, we can get an Vitalcor, Inc, Westmont, IL; Vitalograph, Inc, Lenexa, KS; VNA Systems, Inc, Atlanta, Internet. But the way it was described agreement, and I do think we can get GA; VSI Radiology, San Diego, CA; Vulcon initially, I have a lot of concerns about an agreement that is bipartisan. Technologies, Grandview, MO. that. There have been a lot of changes I also want to say, Mr. President, Vygon Corp, East Rutherford, NJ; Wako made on this bill and I think the how strongly I feel about passing the Chemicals, USA, Inc, Richmond, VA; Wallac, changes made a lot of progress. I com- Internet tax freedom legislation as Inc, Akron, OH; Walter Kidde Portable pliment the Senator from Arizona and well. It is time for the U.S. Senate to Equipment, Inc, Mebane, NC; Ware Medics the Senator from Oregon as we con- begin to write the rules for the digital Glass Works, Inc, Haverstraw, NY; Warren D. tinue to discuss this. But I did want to Novak Enterprises, Inc, Chappaqua, NY; economy. The Internet is clearly going Water Solution Technologies, Carlsbad, CA; mention one additional point. to be the business infrastructure in the Wellhofer North America, LLC, Bartlett, TN; The Senator from South Dakota, 21st century. Usage is doubling every 60 Wenzhou Ouhai Medical Instruments Fac- Senator DASCHLE, was constrained to days, or thereabouts, and it is clear we tory, Wenzhou, China; Werner Fischer, object. I know the Senator from Ari- don’t have any ground rules to address Fridingen, Germany; Western Star, Inc, zona understands well the concerns. It the critical issues that involve elec- Lake Oswego, OR; Whale Scientific, Inc, is not just about the issue of the Pa- tronic commerce. Commerce City, CO; Whitmore Enterprises, tients’ Bill of Rights. We must also If somebody in Iowa, for example, Inc, San Antonio, TX. Wien Laboratories, Inc, Succasunna, NJ; find a way to address this agricultural wants to order fruit from Harry and Wiener Laboratories, Rosario, Argentina; crisis in a satisfactory manner. If we David’s in Medford, OR, ship it to their William E. King, Waukegan, IL; Williams do not, about 20 percent of the family cousin in Florida, pay for it with a Sound Corp, Eden Prairie, MN; Willie farmers in North Dakota will not be in bank card in New York and do it

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10796 CONGRESSIONAL RECORD — SENATE September 23, 1998 through America Online in Virginia, legislation was originated by the Sen- full might of an army being used what are going to be the ground rules ator from Oregon. I have been glad to against civilian centers.’’ A few days with respect to taxes? assist and help in that effort. He has later, as reported by the Washington What the Internet cannot afford is done the heavy lifting. I appreciate his Post, the development of a crazy quilt of dis- kind remarks. Yugoslavia’s reply to threats of NATO air- criminatory taxes with respect to this I assure him that in discussions with strikes could be heard for miles around. The burgeoning area of our economy. That the Democratic leader, with Senator nightly bombardment of border villages oc- is why it is so important that the Sen- DORGAN and others, I am confident cupied by rebels of the Kosovo Liberation ate move on this legislation. that we will get this bill up and done in Army has unleashed a flood of tens of thou- sands of refugees. Caught in the cross-fire, I will close by saying a word about the next few days. I thank him for all they have seen their homes shelled, then the manager of the legislation, the of his efforts. torched by government forces in what other Senator from Arizona. Throughout The Senator from North Dakota nations and international organizations have these many months, the chairman of mentioned the difficulties in North Da- denounced as ‘‘ethnic cleansing’’. the Commerce Committee, the Senator kota. North Dakota has gotten more The next day, NATO fighter jets from Arizona, and his staff have than its share of natural disasters this streaked across Albanian skies in a worked very closely with me and have year, including one man-made in the show of force that was less than the worked very closely with a host of form of an airline strike that was very sum of its parts. ‘‘I’m very glad,’’ one Members of the U.S. Senate. There damaging to the economy of his State. Albanian said, ‘‘because it shows that have been more than 30 separate I certainly believe that all of us are in [NATO is] for the liberation of changes made in the Internet tax free- sympathy with the agriculture crisis in Kosovo.’’ In less time than it took our dom bill from the time it was origi- America. fighters to land at Aviano, though, U.S. nally introduced on a bipartisan basis. Mr. President, I have been awaiting and allied credibility had descended to I want it understood that a bipar- the presence of Senator FORD, who is new depths, and the victims of Serb ag- tisan effort under the leadership of going to manage on the other side. I gression were once again lulled into a Chairman MCCAIN has been made for am a bit reluctant to move forward, so false sense of security. United States many, many months now, involving I ask unanimous consent to proceed as foreign policy in the Balkans has once Senator STEVENS originally, with re- in morning business for 5 minutes. again been shattered by the reality of a spect to the Universal Service Fund. The PRESIDING OFFICER. Is there dictatorial regime adept at manipu- Senator DORGAN has had a variety of objection? Without objection, it is so lating the anemic diplomatic process issues with respect to treatment of the ordered. that resulted in tens of thousands of States. Senator BUMPERS has had enor- f deaths in Bosnia and has now left mous contributions and questions that Kosovo in ruins. THE SITUATION IN KOSOVO we felt had to be addressed, as well as By conducting that aerial show of Senators GREGG and ENZI. Mr. MCCAIN. Mr. President, in the force back in June without following- I am very hopeful that very shortly already strife-torn region of the former through, and by repeatedly allowing this week this legislation is going to be Yugoslavia, the new year of 1998 was the regime of Yugoslav President brought to the floor of the U.S. Senate, initiated with a new declaration of Slobodan Milosevic to employ his tac- and I am very hopeful that it can be war. A then-small group of pro-inde- tics from Bosnia of professing compli- brought to the floor in a way that will pendence rebels calling themselves the ance with United Nations demands one also allow for the important Patients’ Kosovo Liberation Army announced its day only to return to his policy of eth- Bill of Rights legislation to go forward. intention to fight for the independence nic cleansing the next, the United Na- I have spent a considerable amount of the Kosovo region of what remains tions has failed to accomplish the over- of my time since coming to the U.S. of Yugoslavia. With the wounds from riding goal for which it was created: Senate on both of these issues, working Bosnia still festering and U.S. and al- the resolution of conflict so that the on both of them in a bipartisan fash- lied troops seemingly locked-into an crimes of the past would not be re- ion. I think both of them are now ready intractable peacekeeping operation peated in the future. Mr. President, the for consideration on the floor of the with no end in sight, Europe and the scale of human tragedy before us cries Senate. United States once again found them- out for a European response that it has I see the chairman of the Commerce selves with a serious dilemma involv- heretofore been unwilling to coun- Committee is here now and has another ing life and death decisions. The subse- tenance. important bill to bring up. I will close quent nine months of conflict in the There is no question that Russian by, again, expressing my appreciation Albanian majority province of Serbia and Chinese opposition to Security to him for all the time that he has put have illuminated the degree to which Council resolutions authorizing the use in to try to get the Internet tax free- the enlightened nations of the West of force to compel Serb compliance has dom legislation specifically before the continue to wrestle with the most fun- been a serious, and tragic, obstacle to Senate. I believe we are ready now, and damental tenets of conflict prevention the kind of resolute response cir- certainly those Senators who have and resolution. The results are not im- cumstances demand. It is also inargu- brought amendments to the chairman pressive. ably difficult to castigate the United and myself have a right to be heard and We have not lacked for rhetoric, but Nations while simultaneously insisting they should be heard. we have proven woefully inadequate at that United States and NATO policy I believe we are ready for an agree- backing up our words with resolute ac- should not be subordinate to the dic- ment that will protect the rights of tion. Relatively early in the conflict, tates of the U.N. with regard to a con- every Member of the U.S. Senate and, but long after the gravity of the situa- flict so central to European stability. at the same time, allow the Senate to tion was apparent, Secretary of State As is often the case in international re- go forward and take the first steps—it Albright warned that Serbia would lations these days, we do not enjoy the is going to be a long journey—it is time ‘‘pay a price’’ for its characteristically luxury of the level of clarity prevalent to take the first steps to writing some scorched-earth military campaign during the Cold War when Europe was of the essential rules for the digital against the KLA and its ethnic Alba- firmly and evenly divided between economy, the Internet, which is going nian supporters. ‘‘We are not going to competing centers of power. to so dominate our lives in the next stand by and watch . . .,’’ she declared, Europe must take responsibility for century. while ‘‘. . . Serbian authorities do in the security of the Balkins. The United Mr. President, I yield the floor. Kosovo what they can no longer get States cannot and should not be vested Mr. MCCAIN addressed the Chair. away with doing in Bosnia.’’ with responsibility for maintaining se- The PRESIDING OFFICER. The Sen- During the June meeting in Luxem- curity in the Balkins in perpetuity. ator from Arizona. bourg of the European Union foreign Putting aside for a moment the utter Mr. MCCAIN. Mr. President, I say to ministers, Britain’s Foreign Secretary inability of the current Administration my friend from Oregon, he is too kind Robin Cook was quoted as stating, to articulate and implement a sound in his remarks. The fact is that this ‘‘Modern Europe will not tolerate the policy with regard to Kosovo, both the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10797 United States and Europe must come troops there. That troop strength has burden that carries with it implica- to terms once and for all with the cen- since been reduced by two-thirds, and tions that none should take lightly. tral imperative of supporting diplo- the stabilizing aspects of the bipolar Not just in Kosovo but elsewhere where macy with force. structure are gone. The turbulence of our interests are threatened, the world Right now, the Serbs are conducting the post-Cold War world demands a must know that the United States will a major offensive against the remnants level of competence on the part of stand firm and will not follow the path of the KLA. In fact, this latest offen- those entrusted with our national secu- that leads to the inclusion of more sive cannot truthfully be characterized rity and foreign policy that is sadly places in the list of sorrow. as counterinsurgency in nature; the lacking. The history of the conflicts in Mr. President, last night I was at a cold, hard fact is, as with Bosnia before Bosnia and Kosovo are histories of function here in Washington. All of us it, the Serb nation is carrying out the threats not carried out and of the who are Members of the Senate attend very type of brutal, inhumane ethnic strong being outmaneuvered by the many functions, many of them nightly. cleansing for which it was universally weaker. This Administration’s conduct This was kind of a special evening, at criticized prior to the Dayton Accords. of diplomacy with regard to Serbia, least for many of us, and that is be- As with Bosnia, a strong, meaningful— North Korea and Iraq is somewhat akin cause we honored Senator Bob Dole, and I emphasize ‘‘meaningful’’—em- to what would happen if Thucydides’ our former majority leader of the Sen- ployment of military power against Melian Dialogue were reversed, and the ate and former nominee of our party Serb military forces and associated in- weak were dictating terms to the for President of the United States. frastructure at the outset could have strong. Bob Dole gave a moving, persuasive prevented the scale of devastation that But the stakes here are real. The sit- and compelling speech, probably the has subsequently transpired. Will Eu- uation in Kosovo is potentially more likes of which I have never heard him rope learn? If history is a guide, the dangerous than was the case in Bosnia. give in the many years I have been a lessons for other peoples subject to The KLA’s professed long-term goal of friend and a compatriot of Senator domination by stronger neighbors are uniting the Albanian populations of Dole. not positive. Kosovo, Macedonia and Albania into a This speech that he gave last night, Our former majority leader, Bob greater Albania cannot be ignored. The Mr. President, was so strong and so Dole, upon returning from Kosovo, conduct of Serbia’s campaign against compelling that I ask unanimous con- stated that ‘‘American and European the insurgents similarly holds the po- sent that it, along with my introduc- leaders have pledged not to allow the tential for spreading beyond the con- tion, be printed in the RECORD. crimes against humanity which we wit- fines of that beleaguered province. We There being no objection, the mate- nessed in Bosnia to occur in Kosovo. cannot afford the level of diplomatic rial was ordered to be printed in the But from what I have seen, such crimes ineptitude that has been prevalent RECORD, as follows: are already happening.’’ with regard to the former Yugoslavia REMARKS BY SENATOR JOHN MCCAIN AWARD- Mr. President, prominently displayed since 1992. ING THE IRI 1998 FREEDOM AWARD TO SEN- in the United Nations building in New The United Nations’ stagnation as an ATOR ROBERT DOLE, SEPTEMBER 22, 1998 York is Picasso’s famous and haunting instrument of conflict resolution dur- If you will permit me, I would now like to ‘‘Guernica.’’ That painting symbolized ing the Cold War was, to an extent, un- talk a little bit about some other attributes for the artist the carnage, the human derstandable. Its failure in the Bal- of Senator Dole’s character. It is my privi- suffering on an enormous scale, that kans, however, is a very bad omen in- lege tonight to present the 1998 Freedom resulted from the Spanish Civil War—a deed for its ability to perform its most Award to Bob, and to make a few, brief re- prelude to the Second World War. Per- essential core task. The Clinton Ad- marks explaining why the IRI Board of Di- ministration’s inability to comprehend rectors was pleased to recognize with this haps it is too abstract for those coun- award Bob’s contribution to the American tries in the United Nations that oppose the limitations of that body—the U.N. cause—the cause of freedom. the use of force to stop the atrocities is, after all, comprised of nations and I am at a little disadvantage, however. that have come to symbolize the not of ideals—do not augur well for the Two years ago, when Bob honored me by ask- former Yugoslavia, or that believe the protection of United States security in- ing me to place his name in nomination at war in Kosovo is the internal business terests abroad. NATO, meanwhile, con- the Republican Convention in San Diego, I of Serbia. A few minutes away from tinues its contingency planning with a tried as best I could to state succinctly why here is a reminder of what happens range of military options, but anything I admire Bob so much, and why I thought he less than truly decisive force that would make a great president. I fear that when Edmund Burke’s adage that ‘‘all there is little I can offer tonight that would that is necessary for the triumph of makes the regime in Belgrade fear for be a truer expression of my regard for Bob evil is for good men to do nothing’’ is its survival will leave us with a battle than the thoughts I offered in that speech. ignored. yet to be fought, just as it has in Iraq. So I thought I would begin by doing what Ethnic cleansing is not an abstract A token number of cruise missiles will most politicians love to do: and that is, by concept in the Holocaust Memorial cost a lot of money, but will not ac- quoting myself. Museum. Technology has advanced to complish our goals. Missing is a strat- I wanted to open my speech in San Diego wondrous degrees during this century, egy for ending the conflict, vice com- with a statement that would encompass all the reasons I believe Bob Dole to be such an but the basic nature of man remains pelling President Milosevic to agree to honorable man; what it was that so distin- the same. He is capable of great good; talk about negotiations. The employ- guished Bob that I thought him worthy to he is just as equally capable of the kind ment of military force must be suffi- hold the highest office in the land. After con- of actions that have made places like cient to destroy the internal power siderable thought on the matter, I came up Auschwitz, Cambodia, Rwanda, structure that sustains those pros- with a description of Bob’s character that Srebrenica, the Gulag Archipelego, and ecuting crimes against humanity. In could also serve as a pretty good definition Nanking synonymous with sorrow. To short, NATO must either be prepared of patriotism. It reads as follows: this list, will we have to add Kosovo? to do what militaries are trained to do, ‘‘In America we celebrate the virtues of the quiet hero; the modest man who does his The situation is clearly not at that prevail, or it will reap limited gains of duty without complaint or expectation of stage, but the onset of winter could short duration. praise; the man who listens closely for the change that very quickly, with impli- Mr. President, people are dying. Pre- call of his country, and when she calls, he cations that I don’t want my small varication, the modus operandi of this answers without reservation, not for fame or children to have to read about in their administration when decisive actions reward, but for love. He loves his country.’’ history books with shame. are required, carries a price in lives. Today, no less than two years ago, Bob The Europeans have never been very The world will look to this body for a Dole and patriotism are synonymous to me. adept at maintaining peace within and glimpse of the level of U.S. resolve, He loves his country, and has served her between their boundaries. It is instruc- seeing little in the White House. That faithfully and well all of his adult life. And though his country is honored by his service, tive that the longest single period of is a burden we must face with the grace he has asked nothing of his country in return peace the continent has experienced and dignity and moral fortitude that save the opportunity to serve her further. was during the Cold War when the comes from representing the citizens of He loves his country’s cause, and has since United States stationed over 300,000 the greatest country in history. It is a he took up arms many years ago to defend

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10798 CONGRESSIONAL RECORD — SENATE September 23, 1998 American freedom, been a champion for the ever they were suffering was always Amer- It is more than fitting, Bob, that IRI’s 1998 cause of freedom wherever it is opposed. He ica’s business. So, he resolved to support the Freedom Award include as a testament to was and is an outspoken advocate for all President’s decision, and win from the Sen- your service, a rare copy of the original those who are denied their God-given rights ate he led an expression of our support as hand-written note by General Eisenhower to life, liberty and the pursuit of happiness. well. It was neither an easy task nor a uni- provided to us by the Eisenhower Library in His was among the first voices to bring versally popular one within our own caucus. Atchison, Kansas. I take great pleasure in America’s attention to the terrible assault Bob’s opponents for the Republican presi- presenting it to you along with photograph on human life and dignity in Bosnia. dential nomination had already spoken out of the General addressing his troops on the For many years, he has tried to alert the in opposition to the decision, and were begin- eve of D-Day, and a first edition copy of his world to the persecution of ethnic Albanians ning to put extraordinary pressure on Bob to personal account of the war, Crusade in Eu- in Kosovo. From the Balkans to Latin Amer- do likewise. rope. ica, he has distinguished himself as an ar- Were he to win the nomination he would be In addition, IRI is privileged to make a dent defender of the rights of Man, as many running against the man whose controversial contribution in your name to the cause that people who have struggled courageously to decision to put Americans into harm’s way is today so close to your heart, and which claim those rights would attest. Bob had now resolved to defend. You will re- you serve as National Co-Chairman, the He has done so, I believe, because he had member, at the time, most people expected World War II Memorial Campaign. We offer cause in his life to appreciate how sacred are our soldiers to suffer more than a few casual- this award to you with the knowledge that it those rights, and how great are the sacrifices ties. I suspect more than one of Bob’s cam- is but a small expression of the esteem you that are too often necessary to defend them. paign consultants advised him to walk away are held in by IRI, everyone here tonight, ‘‘There is nothing good about war,’’ Bob from the issue; to let someone else assume and by the millions of people whose aspira- once wrote, ‘‘for those who have known the the burden of supporting our troops. But Bob tions IRI was formed to support. horror of battle. Only causes can be good.’’ conceived his duty differently. But the most important tribute we can And of his war, the Second World War, he He is a good Republican, but he is an offer you is to simply observe of those Amer- wrote, ‘‘millions of servicemen like myself American first. He has personal ambitions, icans who with you once sacrificed for some- found a cause to justify the greatest losses.’’ but they are secondary to his ideals and his thing greater than their self-interest—those They were losses that Lieutenant Bob Dole ambitions for his country. The President had who came home with you to the country witnessed personally, suffered personally. decided to send American soldiers to Bosnia, they loved so dearly, and those who rest for- But the experience did not embitter him, but and so they would go. Bob Dole intended to ever in the European cemeteries—how proud only reaffirmed for him the nobility of the stand with them. They would risk their lives they must be of you for having honored so cause he served. And he has, since the day he for a just cause. Bob Dole would risk his am- well, in the many years since the guns fell si- lay wounded in a valley in Northern Italy, bitions for them. lent in Europe, their faith and yours in the found his honor in service to that cause. It was a simple, and these days, all too rare America of our hearts, the last, best hope of Speaking of America, Bob could have been act of patriotism from a public servant who Earth. speaking of himself when he said that in war, cannot conceive of sacrificing his country’s America ‘‘found its mission. It was a mission interests for personal gain. SPEECH DELIVERED BY SENATOR BOB DOLE TO unique in human history and uniquely Amer- I have never been prouder of any man than THE INTERNATIONAL REPUBLICAN INSTITUTE, ican in its idealism: to influence without I was of Bob Dole on that day when he re- SEPTEMBER 22, 1998 conquest and to hold democratic ideals in sa- minded me how great a love is love of coun- cred trust while many people waited in cap- try, and how richly God has blessed America Senator McCain, Friends, Ladies and Gen- tivity.’’ to spare us leaders, when we need them tlemen: It is a genuine honor to receive the The word ‘‘duty’’ was once as common to most, of courage and conscience. Freedom Award from the International Re- our political lexicon as the words Bob Dole has, through all the vicissitudes publican Institute. It is an honor to be recog- ‘‘soundbite’’ and ‘‘spin control’’ are today. and temptations of a long life in public serv- nized by the IRI and also to be in the com- We don’t hear it mentioned much anymore. ice, stayed true to his mission, the mission pany of previous recipients, such as Presi- Rarely do public office holders offer the he glimpsed in a long ago battle on a now dent Reagan and Colin Powell. pledge that we once expected of all public of- tranquil field in Italy. He has done his duty, The IRI has made promoting freedom ficials: to do their duty as God has given as God gave him light to see his duty. And he around the world its mission. In Latin Amer- them light to see it. has been a credit to America and American ica, Africa and Europe—in countries like Of course, we do have an abundance of ideals. Burma, Cambodia, Haiti, and Mexico. Bul- pledges in politics today. At times, we seem Bob’s hero has always been another Kan- garia, Romania and Belarus, South Africa to be practically drowning in them, and as san, Dwight David Eisenhower, and he took and Angola, the IRI has worked to promote another election approaches I’m sure we will as the model of faithful, honorable service freedom and in so doing, has made a real dif- hear them all more than once. But what we that exacting sense of duty that character- ference. Ask President Constantinescu how should hear more, what I believe every ized Eisenhower’s leadership in war and valuable IRI’s training was. The proof was in American wants to hear, is the most solemn peace. In all the voluminous archives of the stunning 1996 election results that fi- promise of all—the promise to put the coun- President Eisenhower’s papers, no single ar- nally put Romania on the road to democ- try’s interest before our self-interest. ticle expresses more perfectly his decency, racy. I think the American people are almost his courage, and his sense of personal respon- IRI’s mission is based on the recognition desperate to believe once again that their sibility to America than does the statement that there cannot be freedom without de- leaders conceive of their duty in no lesser he wrote on the night before the allied inva- mocracy, rule of law and free market eco- terms than that: to put the country and its sion of France. nomics. The IRI’s job is to turn the legacy of cause first, and to that end, to pledge, as our Prayerful that the invasion would succeed, communism and dictatorship into a future of Founding Fathers once memorably pledged, but prepared for it to fail, General Eisen- liberty and prosperity. This is a monu- our lives, our fortunes and our sacred honor. hower sat down, alone, to write a statement mentally important task. Bob Dole always construed his duty in that assigned the blame for the decision I would like to commend the IRI staff and those terms, believing that to do otherwise should D-Day prove the calamity many join in recognizing those staff that are here would not only ill-serve his country, but feared it would be. He assigned it to himself, from Nicaragua, Romania and South Africa. shame him personally. Not once, in his long and himself alone. The process of democratization is not an years of service, has Bob given this country ‘‘Our landings in the Cherbourge-Havre easy one—especially in countries like these any reason to doubt that he has always done area have failed to gain a satisfactory foot- which have a recent history of great strife, his duty, that he has always put his country hold and I have withdrawn the troops. My de- inequality and lack of liberty. Because of in- first. cision to attack at this time and place was dividuals like those recognized this evening Late in 1995, President Clinton decided to based upon the best information available. and because of organizations like IRI, there commit American troops to Bosnia in the The troops, the air and the Navy did all that is not only hope, but amazing progress— hope that they might keep the peace while bravery and devotion to duty could do. If any progress that would not have been imag- the principles of the Dayton Accords took blame or fault attends to the attempt, it is inable two decades ago. root in that sad country. The decision was mine alone.’’ Tonight, I would like to take a few min- not overwhelmingly popular in Congress, When, by the end of June 6, it became clear utes to talk about a matter which I believe even less so among many Republicans who that the allied forces had, against daunting is of great importance to America—and of di- worried that the mission was ill-defined, and odds, accomplished most of their initial ob- rect relevance to the critically important the problem too distant from American in- jectives, and the invasion had been a success, work of the IRI in fostering freedom. That is terests to justify risking American lives. I Eisenhower simply crumpled up the state- the situation in Kosovo. must admit that I, too, harbored strong ment and threw it into a waste basket. His Last Friday I met with President Clinton doubts, and still do about the mission. foresighted aide retrieved the paper and per- and National Security Adviser Berger to dis- Bob had his misgivings as well, although suaded the General to preserve it for pos- cuss this growing crisis. I told them what I he believed strongly, devoutly, that ren- terity so that Americans might someday witnessed and what I believed must be done. dering assistance to the victims of aggres- benefit from his example of patriotism and This is what I would like to share with you sion and unspeakable human atrocities wher- principled leadership. this evening.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10799 There is a war going on right now in Yes, with hundreds of thousands of dis- of terror. The United States had the oppor- Kosovo because the United States, for nearly placed persons and winter fast approaching, tunity to do so when Milosevic was shelling a decade, did not make liberty, democracy Kosovo is a humanitarian and human rights the ancient Croatian port city of Dubrovnik and free market economics the priority in catastrophe. However, the problem in Kosovo in 1991. It did not. The United States had the the former Yugoslavia. is not a humanitarian one. It is a political opportunity again when the citizens of Sara- If the United States had made its priority and military crisis, whose most visible symp- jevo first had to man the barricades of their in the former Yugoslavia democracy as op- toms are humanitarian. city in 1992. It did not. The United States posed to unity, if the United States had pro- And so, while more humanitarian aid is had its most significant opportunity to do so moted reform, instead of status quo, if the desperately needed, such assistance will not at Dayton and did not. Indeed, the Clinton United States had isolated dictator Slobodan solve the problem. And not solving the prob- Administration’s failure to address the sta- Milosevic, instead of embracing him, I be- lem means that stability in that entire re- tus of Kosovo at Dayton may be the single lieve we would not have seen three wars in gion—from Montenegro to Albania, Mac- greatest failure of the already badly-flawed the Balkans and would not now be wit- edonia and Greece—is dangerously threat- Dayton peace process. nessing the fourth—and perhaps the most ened. The United States and its NATO allies dangerous conflict there since 1991. America cannot wait three years, as it did must press urgently for a cease-fire and a si- Last week, I returned from a human rights in Bosnia, to deal effectively with this for- multaneous withdrawal of Serbian police and and fact-finding mission to Kosovo with the eign policy crisis. We cannot afford to wait military forces by a date certain. the KLA very able Assistant Secretary John three months—for humanitarian and geo-po- must also commit not to attack. NATO must Shattuck. I was last in Kosovo in 1990, when litical reasons. Tiny Montenegro has closed back this ultimatum with a plan to use the repression against the Kosovo Albanians its doors to fleeing Kosovars, burdened under major force immediately and effectively had just begun. The Kosovars had been the strain of thousands already seeking ref- against Serb military assets if all of the con- ditions laid out are not met. stripped of their political autonomy; the be- ugee there and by the struggle to distance ginning of an apartheid-like system was just Let me be clear, the only language itself from Milosevic. Albania is on the brink Milosevic understands is force. becoming apparent. Upon my return, I joined of anarchy. In the blink of an eye, violence the few voices warning the US State Depart- With a cease-fire and withdrawal of all could spread into Macedonia and tear that Serbian police and Yugoslavia Army forces, ment, Pentagon and White House that war fragile new democracy in two. would come to Yugoslavia. And, it did. First people can safely return to their homes and And what is the American policy response rebuild their lives with international assist- Slovenia, then Croatia and not long after, at this moment? Active participation in dip- Bosnia. ance. lomatic meetings that result in policy state- There would also be progress on the diplo- As terrible as the war in Bosnia proved to ments calling on Slobodan Milosevic to halt be, the war that both the Bush and Clinton matic front. Only if civilians are not under his attacks on Kosovo. In short, tough talk attack can Albanians and Serbian leaders en- administrations feared most was in Kosovo— and no action. where it seemed inevitable that conflict gage in genuine negotiations—on a level As in Bosnia, America is asking the vic- playing field—with the goal of achieving a would easily spread into neighboring coun- tims to negotiate with those who are attack- sustainable peace that is built on democratic tries, thus destabilizing the entire region. In ing them. As in Bosnia, there is a real at- institutions. Such a peace would guarantee 1992, President Bush warned Serbian leader tempt to impose a moral equivalence—this that instability would not spread into Mon- Slobodan Milosevic that the United States time between Serbian forces and the rag-tag tenegro, Macedonia or Albania. was prepared to use military force against band of Albanians, known as the KLA, who Let me also emphasize that a peace based Serb-instigated attacks in Kosovo. When he have taken up arms against them. As in Bos- on democratic principles and the creation of took office, President Clinton repeated this nia, the United States is not leading its al- democratic institutions would also serve to so-called ‘‘Christmas warning.’’ strengthen the position of the fledgling Now six years later, Milosevic is again on lies, but hiding behind their indecision. As in Bosnia, instead of firing up the engines, democratic opposition in Serbia—especially the warpath. Based on what I saw two weeks by depriving Milosevic of the opportunity to ago, there should be no doubt that Serbia is NATO is firing up excuses. The bottom line is that once again, West- distract Serb citizens from their deterio- engaged in major, systematic attacks on the ern diplomats are trying to avoid the dif- rating economy and near-pariah position in people and territory of Kosovo. Europe. Such a deal would provide signifi- Prior to my trip, I had seen some tele- ficult decisions and are desperate not to take cant momentum to the democratization vision reports of the suffering in Kosovo. on the person most responsible for the mis- process, momentum which the IRI could cap- These few images, however, were only a pale ery, suffering and instability not only in Ser- italize on by expanding its programs there. reflection of the widespread devastation of bia, but the region: Slobodan Milosevic. As my friend Jeane, who is here tonight, has In conclusion, let me emphasize that half- lives, property, and society. Many homes measures and interim deals will not do. The have been firebombed; we saw one home stated, Bosnia represents the single biggest foreign policy failure of the United States options are not easy, but that cannot be a ablaze only yards away from a Serb police justification for Bank-Aid diplomacy. Over checkpoint. Entire villages have been aban- since World War II. Are we ready to repeat that failure? the past eight years numerous opportunities doned. We encountered armed Serbian police have been wasted. American officials at the every couple of miles and twenty check- As the diplomats’ argument often goes, the situation on Kosovo is ‘‘complicated’’ and highest levels have publicly pledged not to points in just six hours. allow the crimes against humanity that we The Albanians we met—mostly women, NATO needs UN Security Council authoriza- tion to act. Both of these assertions are dead witnessed in Bosnia to be repeated in children and, the elderly ‘‘are living in fear Kosovo. From what I have seen first-hand, for their lives. They are afraid to go where wrong. First, the situation is not com- plicated. Indeed, it could not be clearer: This such crimes are already occurring—and the there are Serb police or other Serb armed ramifications will not be limited to the is a war against civilians, and we know who forces. And so, despite the near freezing tem- plight of the Kosovars. peratures at night, hundreds of thousands of is responsible: Slobodan Milosevic. Second, Freedom and liberty—the principles that Kosovar Albanians remain hiding in the NATO does not need and should not seek UN America stands for—are at stake. American hills—without adequate food, water or shel- Security Council resolution authorizing it to credibility and European stability are on the ter. Many thousands no longer have homes take action to respond to a crisis in Europe line. What is urgently needed now is Amer- to return to. The children, in particular, are that threatens stability in the region. All ican leadership and a firm commitment to a already showing signs of a vitamin deficient NATO needs is some leaderhsip—from the genuine and just peace in Kosovo. It is my diet; they have sores on their mouths and United States first and foremost, and then hope that President Clinton will do the right most have scabies or other skin ailments re- from Britain, France and Germany. thing and that there will be strong support— sulting from a lack of sufficient hygiene. Hu- Let us not forget that NATO’s credibility among Republicans and Democrats. Many of manitarian aid personnel are being harassed suffered in Bosnia when it acted as a subcon- you here tonight can play a role in forging and even attacked. These aid organizations tractor to the United Nations. Tying NATO broad bipartisan support for American re- do not enjoy freedom of access, nor can they to the UN now—with respect to Kosovo—will solve to end this conflict once and for all. repeat that mistake. And, this time it could bring in certain critical supplies because Mr. MCCAIN. Mr. President, Senator have an even more damaging effect on the Belgrade has placed an internal embargo on Dole spoke about the crisis in Kosovo. them. credibility and relevance of the Atlantic Al- During our visit, we also heard chilling liance. We all know that with the ongoing testimony from eyewitnesses to human When Secretary Shattuck and I met with scandal in our Nation’s Capital, many rights abuses and atrocities, including direct Milosevic two weeks ago, he did not act like of our important national security artillery attacks on civilians; seizures at gun a man cowering in fear of NATO action. In- issues are being ignored, whether it be point; and, as in Srebrenica in Bosnia, the stead, he acted like a man who had already Iraq or Korea or the Middle East peace separation of women and children from men. gotten away with murder and would be re- process. But Bob Dole focused the at- There may be some even in this audience warded for it. Milosevic denied any tention and riveted the attention of who may think this is a terrible humani- offensives were underway or being planned, tarian disaster, but why is it important to yet within 36 hours of our departure, a seri- the audience last night, as he did in a the United States? What does it have to do ous offensive was begun in the region of Pec. recent op-ed piece in the Washington with freedom and democracy and American The time is long overdue for the US to em- Post, on this terrible situation that ex- interests? brace a policy that will end Milosevic’s reign ists today and the impending terrible

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10800 CONGRESSIONAL RECORD — SENATE September 23, 1998 tragedies that will ensue in Kosovo will do anything to ensure that this re- SECTION 1. SHORT TITLE; TABLE OF SECTIONS. with the onset of winter. mains the case. (a) SHORT TITLE.—This Act may be cited as Bob Dole pointed out that literally Mr. President, for months the United the ‘‘Wendell H. Ford National Air Transpor- hundreds of thousands of people of Al- States and our allies have stood by and tation System Improvement Act of 1998’’. (b) TABLE OF SECTIONS.—The table of sections banian nationality are in the moun- watched one onslaught after another in for this Act is as follows: Kosovo, rendering enormous tragedies tains around Kosovo. These people will Sec. 1. Short title; table of sections. freeze to death, they will starve to in that land; and yet we just respond Sec. 2. Amendments to title 49, United States death, and they will die by the thou- with critical statements in the face of Code. sands and thousands if something isn’t Serb offenses. For months the United TITLE I—AUTHORIZATIONS States has told Milosevic that we will done and done quickly. Sec. 101. Federal Aviation Administration oper- Bob Dole’s speech and his commit- not let him get away with in Kosovo ations. ment on this issue should serve as a what he has done in Bosnia, but yet we Sec. 102. Air navigation facilities and equip- compelling call to this administration do nothing. We do nothing to stop his ment. to act—to act—on Kosovo in consulta- onslaught. For months, the United Sec. 103. Airport planning and development tion with the Congress of the United States has threatened the use of force and noise compatibility planning States and the American people. if Mr. Milosevic does not take nec- and programs. Six months ago, the Secretary of essary actions to withdraw his forces Sec. 104. Reprogramming notification require- ment. State of the United States of America from Kosovo and to begin a serious Sec. 105. Airport security program. stated we will not allow the Serbs to do process of negotiation. Sec. 106. Contract tower program. I am saddened to say the other day a in Kosovo what we have prevented TITLE II—AIRPORT IMPROVEMENT them from doing in Bosnia, and exactly reporter just outside this Chamber PROGRAM AMENDMENTS what we prevented in Bosnia is taking asked me if we were doing nothing as a Sec. 201. Removal of the cap on discretionary place in Kosovo at the cost of possibly country in the face of this holocaust fund. hundreds of thousands of innocent because of the President’s internal dif- Sec. 202. Innovative use of airport grant funds. lives. ficulties, because of his unwillingness Sec. 203. Matching share. I urge all of my colleagues to read to wag the dog, if you will. I cannot Sec. 204. Increase in apportionment for noise the speech that Bob Dole delivered last think of anything more indicative of compatibility planning and pro- grams. night, which has already been printed why we need to make sure our Com- mander in Chief can respond, to have a Sec. 205. Technical amendments. in the RECORD. Read it and take heed, Sec. 206. Repeal of period of applicability. because I know of no one who has the Commander in Chief that can respond Sec. 207. Report on efforts to implement capac- credentials that Bob Dole has to speak with the integrity of his office. And ity enhancements. on not only all issues of national secu- here we sit paralyzed in the face of un- Sec. 208. Prioritization of discretionary projects. rity but particularly this issue because folding, unspeakable tragedy. Sec. 209. Public notice before grant assurance of his deep and profound and prolonged I am here to say one thing to Mr. requirement waived. Milosevic: Our patience in the U.S. Sec. 210. Definition of public aircraft. involvement, and now very emotional Sec. 211. Terminal development costs. involvement, in this issue. Senate is running out. I join the Sen- ator from Arizona, and many others, in TITLE III—AMENDMENTS TO AVIATION Mr. SMITH of Oregon. Mr. President, LAW I was inspired to come to the floor to saying time has run out and that I will Sec. 301. Severable services contracts for periods respond and to support the words of my support vigorous and, if necessary, uni- lateral use of force against Serbian in- crossing fiscal years. friend from Arizona as he spoke very Sec. 302. Foreign carriers eligible for waiver eloquently and emotionally about the stallations in Kosovo and in Serbia under Airport Noise and Capacity plight of the people of Kosovo. Growing proper. It is time for American leader- Act. up as a little boy, I have to tell you, I ship in Kosovo. It is unfortunate that Sec. 303. Government and industry consortia. saw, with all Americans, reports and we have thus far not seen evidence of Sec. 304. Implementation of Article 83 Bis of the film footage from the Second World this from the Clinton administration. Chicago Convention. Sec. 305. Foreign aviation services authority. War where we saw a holocaust carried If it is up to Congress to provide the leadership, so be it. I welcome Senator Sec. 306. Flexibility to perform criminal history out in a previous decade. And I reacted record checks; technical amend- MCCAIN’s call for action. I understand with horror at things that I saw that ments to Pilot Records Improve- humankind could do to one another. the former majority leader, Bob Dole, ment Act. It just seemed to me, at a young age, has made the same call. And I join Sec. 307. Aviation insurance program amend- that if we had the ability to stop holo- them today in support of America ments. causts in our time that we should. I doing something unilaterally, if nec- Sec. 308. Technical corrections to civil penalty know we cannot be the policemen of essary, to take action to stop this trag- provisions. the world, but I am here to tell you we edy, this unfolding holocaust. TITLE IV—TITLE 49 TECHNICAL are right now in Bosnia. We supported Thank you, Mr. President. I yield the CORRECTIONS our President. And we are maintaining floor. Sec. 401. Restatement of 49 U.S.C. 106(g). Mr. McCAIN. Madam President, I Sec. 402. Restatement of 49 U.S.C. 44909. peace in Bosnia. But right next door we now ask for the regular order. Sec. 403. Typographical errors. are witnessing a holocaust unfold be- TITLE V—MISCELLANEOUS fore our eyes, and we apparently are f paralyzed in our efforts to respond. Sec. 501. Oversight of FAA response to year WENDELL H. FORD NATIONAL AIR 2000 problem. Winter is coming, and tens of thou- TRANSPORTATION SYSTEM IM- Sec. 502. Cargo collision avoidance systems sands of Kosovar Albanians are in the PROVEMENT ACT OF 1998 deadline. hills and will soon die if something is The PRESIDING OFFICER (Ms. COL- Sec. 503. Runway safety areas. not done to ensure their rights, to en- LINS). Under the previous agreement, Sec. 504. Airplane emergency locators. sure their safety, and to stop the blood- Sec. 505. Counterfeit aircraft parts. the clerk will now report the pending Sec. 506. FAA may fine unruly passengers. shed. bill, S. 2279. Mr. President, I want to suggest that Sec. 507. Higher international standards for The bill clerk read as follows: handicapped access. one person is solely and directly re- A bill (S. 2279) to amend title 49, United Sec. 508. Conveyances of United States Govern- sponsible for the catastrophe unfolding States Code, to authorize the programs of ment land. before our eyes, and that is President the Federal Aviation Administration for fis- Sec. 509. Flight operations quality assurance Milosevic of Serbia. He has indicated cal years 1999, 2000, 2001, and 2002, and for rules. no willingness to negotiate a solution other purposes. Sec. 510. Wide area augmentation system. that will allow the Kosovar Albanians The Senate proceeded to consider the Sec. 511. Regulation of Alaska air guides. to exercise their legitimate political bill, which had been reported from the Sec. 512. Application of FAA regulations. Sec. 513. Human factors program. rights. He is interested in one thing Committee on Commerce, Science, and Sec. 514. Independent validation of FAA costs and one thing only—the consolidating Transportation, with an amendment to and allocations. and maintaining of his power on that strike all after the enacting clause and Sec. 515. Whistleblower protection for FAA em- country and region. And he apparently inserting in lieu thereof the following: ployees.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 6343 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10801 Sec. 516. Report on modernization of oceanic ‘‘(1) for fiscal year 1999— request from an eligible sponsor for a grant to ATC system. ‘‘(A) $222,800,000 for engineering, develop- undertake a project that— Sec. 517. Report on air transportation oversight ment, test, and evaluation: en route programs; ‘‘(1) evaluates and tests the benefits of inno- system. ‘‘(B) $74,700,000 for engineering, development, vative airport security systems or related tech- Sec. 518. Recycling of EIS. test, and evaluation: terminal programs; nology, including explosives detection systems, Sec. 519. Protection of employees providing air ‘‘(C) $108,000,000 for engineering, develop- for the purpose of improving airport and air- safety information. ment, test, and evaluation: landing and naviga- craft physical security and access control; and TITLE VI—AVIATION COMPETITION tional aids; ‘‘(2) provides testing and evaluation of airport PROMOTION ‘‘(D) $17,790,000 for engineering, development, security systems and technology in an oper- Sec. 601. Purpose. test, and evaluation: research, test, and evalua- ational, test bed environment. Sec. 602. Establishment of small community tion equipment and facilities programs; ‘‘(c) MATCHING SHARE.—Notwithstanding sec- aviation development program. ‘‘(E) $391,358,300 for air traffic control facili- tion 47109, the United States Government’s Sec. 603. Community-carrier air service pro- ties and equipment: en route programs; share of allowable project costs for a project gram. ‘‘(F) $492,315,500 for air traffic control facili- under this section is 100 percent. Sec. 604. Authorization of appropriations. ties and equipment: terminal programs; ‘‘(d) TERMS AND CONDITIONS.—The Secretary Sec. 605. Marketing practices. ‘‘(G) $38,764,400 for air traffic control facilities may establish such terms and conditions as the Sec. 606. Slot exemptions for nonstop regional and equipment: flight services programs; Secretary determines appropriate for carrying jet service. ‘‘(H) $50,500,000 for air traffic control facilities out a project under this section, including terms Sec. 607. Secretary shall grant exemptions to and equipment: other ATC facilities programs; and conditions relating to the form and content perimeter rule. ‘‘(I) $162,400,000 for non-ATC facilities and of a proposal for a project, project assurances, Sec. 608. Additional slots at Chicago’s O’Hare equipment programs; and schedule of payments. ‘‘(J) $14,500,000 for training and equipment fa- Airport. ‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this sec- cilities programs; Sec. 609. Consumer notification of e-ticket expi- tion, the term ‘eligible sponsor’ means a non- ‘‘(K) $280,800,000 for mission support pro- ration dates. profit corporation composed of a consortium of grams; Sec. 610. Joint venture agreements. public and private persons, including a sponsor ‘‘(L) $235,210,000 for personnel and related ex- Sec. 611. Regional air service incentive options. of a primary airport, with the necessary engi- penses; Sec. 612. GAO study of rural air transportation neering and technical expertise to successfully needs. ‘‘(2) $2,189,000,000 for fiscal year 2000; ‘‘(3) $2,250,000,000 for fiscal year 2001; and conduct the testing and evaluation of airport TITLE VII—NATIONAL PARK OVERFLIGHTS ‘‘(4) $2,313,000,000 for fiscal year 2002.’’. and aircraft related security systems. Sec. 701. Findings. (b) CONTINUATION OF ILS INVENTORY PRO- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of Sec. 702. Air tour management plans for na- GRAM.—Section 44502(a)(4)(B) is amended— the amounts made available to the Secretary tional parks. (1) by striking ‘‘fiscal years 1995 and 1996’’ under section 47115 in a fiscal year, the Sec- Sec. 703. Advisory group. and inserting ‘‘fiscal years 1999, 2000, 2001, and retary shall make available not less than Sec. 704. Overflight fee report. 2002’’; and $5,000,000 for the purpose of carrying out this TITLE VIII—AVIATION TRUST FUND (2) by striking ‘‘acquisition,’’ and inserting section.’’. AMENDMENTS ‘‘acquisition under new or existing contracts,’’. (b) CONFORMING AMENDMENT.—The analysis Sec. 801. Amendments to the Airport and Air- (c) LIFE-CYCLE COST ESTIMATES.—The Admin- for subchapter I of such chapter (as amended by way Trust Fund. istrator of the Federal Aviation Administration section 202(b) of this Act) is amended by adding at the end the following: SEC. 2. AMENDMENTS TO TITLE 49, UNITED shall establish life-cycle cost estimates for any STATES CODE. air traffic control modernization project the ‘‘47136. Airport security program.’’. Except as otherwise expressly provided, when- total life-cycle costs of which equal or exceed SEC. 106. CONTRACT TOWER PROGRAM. ever in this Act an amendment or repeal is ex- $50,000,000. There are authorized to be appropriated to the pressed in terms of an amendment to, or a repeal SEC. 103. AIRPORT PLANNING AND DEVELOP- Secretary of Transportation such sums as may of, a section or other provision, the reference MENT AND NOISE COMPATIBILITY be necessary to carry out the Federal Contract shall be considered to be made to a section or PLANNING AND PROGRAMS. Tower Program under title 49, United States other provision of title 49, United States Code. (a) EXTENSION AND AUTHORIZATION.—Section Code. 48103 is amended by— TITLE I—AUTHORIZATIONS (1) striking ‘‘September 30, 1996,’’ and insert- TITLE II—AIRPORT IMPROVEMENT SEC. 101. FEDERAL AVIATION ADMINISTRATION ing ‘‘September 30, 1998,’’; and PROGRAM AMENDMENTS OPERATIONS. (2) striking ‘‘$2,280,000,000 for fiscal years SEC. 201. REMOVAL OF THE CAP ON DISCRE- Section 106(k) is amended to read as follows: ending before October 1, 1997, and $4,627,000,000 TIONARY FUND. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS FOR for fiscal years ending before October 1, 1998.’’ Section 47115(g) is amended by striking para- OPERATIONS.— and inserting ‘‘$2,410,000,000 for fiscal years graph (4). ‘‘(1) IN GENERAL.—There are authorized to be ending before October 1, 1999, $4,885,000,000 for SEC. 202. INNOVATIVE USE OF AIRPORT GRANT appropriated to the Secretary of Transportation fiscal years ending before October 1, 2000, FUNDS. for operations of the Administration $7,427,000,000 for fiscal years ending before Oc- (a) CODIFICATION AND IMPROVEMENT OF 1996 $5,631,000,000 for fiscal year 1999, $5,784,000,000 tober 1, 2001, and $10,038,000,000 for fiscal years PROGRAM.—Subchapter I of chapter 471 is for fiscal year 2000, $5,946,000,000 for fiscal year ending before October 1, 2002.’’. amended by adding at the end thereof the fol- 2001, and $6,112,000,000 for fiscal year 2002. Of (b) PROJECT GRANT AUTHORITY.—Section lowing: the amounts authorized to be appropriated for 47104(c) is amended by striking ‘‘1998,’’ and in- ‘‘§ 47135. Innovative financing techniques fiscal year 1999, not more than $9,100,000 shall serting ‘‘2002,’’. be used to support air safety efforts through ‘‘(a) IN GENERAL.—The Secretary of Transpor- SEC. 104. REPROGRAMMING NOTIFICATION RE- payment of United States membership obliga- QUIREMENT. tation is authorized to carry out a demonstra- tions, to be paid as soon as practicable. Before reprogramming any amounts appro- tion program under which the Secretary may ‘‘(2) AUTHORIZED EXPENDITURES.—Of the priated under section 106(k), 48101(a), or 48103 approve applications under this subchapter for amounts appropriated under paragraph (1) of title 49, United States Code, for which notifi- not more than 20 projects for which grants re- $450,000 may be used for wildlife hazard mitiga- cation of the Committees on Appropriations of ceived under the subchapter may be used to im- tion measures and management of the wildlife the Senate and the House of Representatives is plement innovative financing techniques. URPOSE.—The purpose of the dem- strike database of the Federal Aviation Adminis- required, the Secretary of Transportation shall ‘‘(b) P onstration program shall be to provide informa- tration. submit a written explanation of the proposed re- NIVERSITY CONSORTIUM tion on the use of innovative financing tech- ‘‘(3) U .—There are au- programming to the Committee on Commerce, niques for airport development projects. thorized to be appropriated not more than Science, and Transportation of the Senate and ‘‘(c) LIMITATION—In no case shall the imple- $9,100,000 for the 3 fiscal year period beginning the Committee on Transportation and Infra- mentation of an innovative financing technique with fiscal year 1999 to support a university structure of the House of Representatives. consortium established to provide an air safety under the demonstration program result in a di- and security management certificate program, SEC. 105. AIRPORT SECURITY PROGRAM. rect or indirect guarantee of any airport debt in- working cooperatively with the Federal Aviation (a) IN GENERAL.—Chapter 471 (as amended by strument by the United States Government. section 202(a) of this Act) is amended by adding Administration and United States air carriers. ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DE- the following new section: Funds authorized under this paragraph— FINED.—In this section, the term ‘innovative fi- ‘‘(A) may not be used for the construction of ‘‘§ 47136. Airport security program nancing technique’ includes methods of financ- a building or other facility; and ‘‘(a) GENERAL AUTHORITY.—To improve secu- ing projects that the Secretary determines may ‘‘(B) shall be awarded on the basis of open rity at public airports in the United States, the be beneficial to airport development, including— competition.’’. Secretary of Transportation shall carry out not ‘‘(1) payment of interest; SEC. 102. AIR NAVIGATION FACILITIES AND less than 1 project to test and evaluate innova- ‘‘(2) commercial bond insurance and other EQUIPMENT. tive airport security systems and related tech- credit enhancement associated with airport (a) IN GENERAL.—Section 48101(a) is amended nology. bonds for eligible airport development; and by striking paragraphs (1) and (2) and inserting ‘‘(b) PRIORITY.—In carrying out this section, ‘‘(3) flexible non-Federal matching require- the following: the Secretary shall give the highest priority to a ments.’’.

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(b) CONFORMING AMENDMENT.—The chapter (h) PASSENGER FACILITY FEE WAIVER FOR runways of 5,000 feet or shorter serving aircraft analysis for chapter 471 is amended by inserting CERTAIN CLASS OF CARRIERS.—Section that do not exceed 60,000 pounds gross weight, after the item relating to section 47134 the fol- 40117(e)(2) is amended— if the Secretary determines that— lowing: (1) by striking ‘‘and’’ after the semicolon in ‘‘(A) safety will not be negatively affected; ‘‘47135. Innovative financing techniques.’’. subparagraph (B); and ‘‘(B) the life of the pavement will not be short- SEC. 203. MATCHING SHARE. (2) by striking ‘‘payment.’’ in subparagraph er than it would be if constructed using Admin- Section 47109(a)(2) is amended by inserting (C) and inserting ‘‘payment; and’’; and istration standards. ‘‘not more than’’ before ‘‘90 percent’’. (3) by adding at the end thereof the following: ‘‘(D) in Alaska aboard an aircraft having a An airport may not seek funds under this sub- SEC. 204. INCREASE IN APPORTIONMENT FOR NOISE COMPATIBILITY PLANNING seating capacity of less than 20 passengers.’’. chapter for runway rehabilitation or reconstruc- AND PROGRAMS. (i) PASSENGER FACILITY FEE WAIVER FOR CER- tion of any such airfield pavement constructed Section 47117(e)(1)(A) is amended by striking TAIN CLASS OF CARRIERS OR FOR SERVICE TO using State highway specifications for a period ‘‘31’’ each time it appears and substituting ‘‘35’’. AIRPORTS IN ISOLATED COMMUNITIES.—Section of 10 years after construction is completed.’’. 40117(i) is amended— SEC. 205. TECHNICAL AMENDMENTS. SEC. 206. REPEAL OF PERIOD OF APPLICABILITY. (1) by striking ‘‘and’’ at the end of paragraph (a) USE OF APPORTIONMENTS FOR ALASKA, Section 125 of the Federal Aviation Reauthor- (1); PUERTO RICO, AND HAWAII.—Section 47114(d)(3) ization Act of 1996 (49 U.S.C. 47114 note) is re- (2) by striking ‘‘transportation.’’ in paragraph is amended to read as follows: pealed. (2)(D) and inserting ‘‘transportation; and’’; and ‘‘(3) An amount apportioned under paragraph SEC. 207. REPORT ON EFFORTS TO IMPLEMENT (3) by adding at the end thereof the following: (2) of this subsection for airports in Alaska, Ha- CAPACITY ENHANCEMENTS. ‘‘(3) may permit a public agency to request waii, or Puerto Rico may be made available by Within 9 months after the date of enactment that collection of a passenger facility fee be the Secretary for any public airport in those re- of this Act, the Secretary of Transportation waived for— spective jurisdictions.’’. shall report to the Committee on Commerce, ‘‘(A) passengers enplaned by any class of air (b) SUPPLEMENTAL APPORTIONMENT FOR ALAS- Science, and Transportation of the Senate and carrier or foreign air carrier if the number of KA.—Section 47114(e) is amended— the Committee on Transportation and Infra- (1) by striking ‘‘ALTERNATIVE’’ in the sub- passengers enplaned by the carriers in the class structure of the House of Representatives on ef- section caption and inserting ‘‘SUPPLEMENTAL’’; constitutes not more than one percent of the forts by the Federal Aviation Administration to (2) in paragraph (1) by— total number of passengers enplaned annually implement capacity enhancements and improve- (A) striking ‘‘Instead of apportioning amounts at the airport at which the fee is imposed; or ments, such as precision runway monitoring for airports in Alaska under’’ and inserting ‘‘(B) passengers enplaned on a flight to an systems and the time frame for implementation ‘‘Notwithstanding’’; and airport— of such enhancements and improvements. ‘‘(i) that has fewer than 2,500 passenger (B) striking ‘‘those airports’’ and inserting SEC. 208. PRIORITIZATION OF DISCRETIONARY ‘‘airports in Alaska’’; and boardings each year and receives scheduled pas- PROJECTS. (3) striking paragraph (3) and inserting the senger service; or Section 47120 is amended by— following: ‘‘(ii) in a community which has a population (1) inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In’’; ‘‘(3) An amount apportioned under this sub- of less than 10,000 and is not connected by a and section may be used for any public airport in land highway or vehicular way to the land-con- (2) adding at the end thereof the following: Alaska.’’. nected National Highway System within a ‘‘(b) DISCRETIONARY FUNDING TO BE USED (c) REPEAL OF APPORTIONMENT LIMITATION ON State.’’. FOR HIGHER PRIORITY PROJECTS.—The Adminis- COMMERCIAL SERVICE AIRPORTS IN ALASKA.— (j) USE OF THE WORD ‘‘GIFT’’ AND PRIORITY trator of the Federal Aviation Administration Section 47117 is amended by striking subsection FOR AIRPORTS IN SURPLUS PROPERTY DIS- shall discourage airport sponsors and airports (f) and redesignating subsections (g) and (h) as POSAL.— from using entitlement funds for lower priority subsections (f) and (g), respectively. (1) Section 47151 is amended— projects by giving lower priority to discretionary (d) DISCRETIONARY FUND DEFINITION.— (A) by striking ‘‘give’’ in subsection (a) and projects submitted by airport sponsors and air- (1) Section 47115 is amended— inserting ‘‘convey to’’; ports that have used entitlement funds for (A) by striking ‘‘25’’ in subsection (a) and in- (B) by striking ‘‘gift’’ in subsection (a)(2) and projects that have a lower priority than the serting ‘‘12.5’’; and inserting ‘‘conveyance’’; projects for which discretionary funds are being (B) by striking the second sentence in sub- (C) by striking ‘‘giving’’ in subsection (b) and requested.’’. section (b). inserting ‘‘conveying’’; SEC. 209. PUBLIC NOTICE BEFORE GRANT ASSUR- (2) Section 47116 is amended— (D) by striking ‘‘gift’’ in subsection (b) and in- ANCE REQUIREMENT WAIVED. (A) by striking ‘‘75’’ in subsection (a) and in- serting ‘‘conveyance’’; and Notwithstanding any other provision of law to serting ‘‘87.5’’; (E) by adding at the end thereof the fol- the contrary, the Secretary of Transportation (B) by redesignating paragraphs (1) and (2) in lowing: may not waive any assurance required under subsection (b) as subparagraphs (A) and (B), re- ‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Except section 47107 of title 49, United States Code, that spectively, and inserting before subparagraph for requests from another Federal agency, a de- requires property to be used for aeronautical (A), as so redesignated, the following: partment, agency, or instrumentality of the Ex- purposes unless the Secretary provides notice to ‘‘(1) one-seventh for grants for projects at ecutive Branch of the United States Government the public not less than 30 days before issuing small hub airports (as defined in section 41731 of shall give priority to a request by a public agen- any such waiver. Nothing in this section shall this title); and cy (as defined in section 47102 of this title) for be construed to authorize the Secretary to issue ‘‘(2) the remaining amounts based on the fol- surplus property described in subsection (a) of a waiver of any assurance required under that lowing:’’. this section for use at a public airport.’’. section. (e) CONTINUATION OF PROJECT FUNDING.—Sec- (2) Section 47152 is amended— SEC. 210. DEFINITION OF PUBLIC AIRCRAFT. tion 47108 is amended by adding at the end (A) by striking ‘‘gifts’’ in the section caption thereof the following: Section 40102(a)(37)(B)(ii) is amended— and inserting ‘‘conveyances’’; and (1) by striking ‘‘or’’ at the end of subclause ‘‘(e) CHANGE IN AIRPORT STATUS.—If the sta- (B) by striking ‘‘gift’’ in the first sentence and tus of a primary airport changes to a non-pri- (I); inserting ‘‘conveyance’’. (2) by striking the ‘‘States.’’ in subclause (II) mary airport at a time when a development (3) The chapter analysis for subchapter 471 is and inserting ‘‘States; or’’; and project under a multiyear agreement under sub- amended by striking the item relating to section (3) by adding at the end thereof the following: section (a) is not yet completed, the project shall 47152 and inserting the following: ‘‘(III) transporting persons aboard the air- remain eligible for funding from discretionary ‘‘47152. Terms of conveyances.’’. craft if the aircraft is operated for the purpose funds under section 47115 of this title at the of prisoner transport.’’. funding level and under the terms provided by (4) Section 47153(a) is amended— the agreement, subject to the availability of (A) by striking ‘‘gift’’ in paragraph (1) and in- SEC. 211. TERMINAL DEVELOPMENT COSTS. Section 40117 is amended by adding at the end funds.’’. serting ‘‘conveyance’’; thereof the following: (f) GRANT ELIGIBILITY FOR PRIVATE RELIEVER (B) by striking ‘‘given’’ in paragraph (1)(A) ‘‘(j) SHELL OF TERMINAL BUILDING.—In order AIRPORTS.—Section 47102(17)(B) is amended and inserting ‘‘conveyed’’; and to enable additional air service by an air carrier by— (C) by striking ‘‘gift’’ in paragraph (1)(B) and (1) striking ‘‘or’’ at the end of clause (i) and inserting ‘‘conveyance’’. with less than 50 percent of the scheduled pas- redesignating clause (ii) as clause (iii); and (k) APPORTIONMENT FOR CARGO ONLY AIR- senger traffic at an airport, the Secretary may (2) inserting after clause (i) the following: PORTS.—Section 47114(c)(2)(A) is amended by consider the shell of a terminal building (includ- ‘‘(ii) a privately-owned airport that, as a re- striking ‘‘2.5 percent’’ and inserting ‘‘3 per- ing heating, ventilation, and air conditioning) liever airport, received Federal aid for airport cent’’. to be an eligible airport-related project under development prior to October 9, 1996, but only if (l) FLEXIBILITY IN PAVEMENT DESIGN STAND- subsection (a)(3)(E).’’. the Administrator issues revised administrative ARDS.—Section 47114(d) is amended by adding at TITLE III—AMENDMENTS TO AVIATION guidance after July 1, 1998, for the designation the end thereof the following: LAW of reliever airports; or’’. ‘‘(4) The Secretary may permit the use of State SEC. 301. SEVERABLE SERVICES CONTRACTS FOR (g) RELIEVER AIRPORTS NOT ELIGIBLE FOR highway specifications for airfield pavement PERIODS CROSSING FISCAL YEARS. LETTERS OF INTENT.—Section 47110(e)(1) is construction using funds made available under (a) Chapter 401 is amended by adding at the amended by striking ‘‘or reliever’’. this subsection at non-primary airports with end thereof the following:

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10803 ‘‘§ 40125. Severable services contracts for peri- the United States as described in subparagraph (2) by resetting the remainder of the sub- ods crossing fiscal years (B) of that paragraph. section as a new paragraph and inserting ‘‘(2)’’ ‘‘(a) IN GENERAL.—The Administrator of the ‘‘(4) The Administrator may, in the agreement before ‘‘A civil action’’. Federal Aviation Administration may enter into under paragraph (1), predicate the transfer of (b) EXTENSION OF AVIATION INSURANCE PRO- a contract for procurement of severable services these functions and duties on any conditions GRAM.—Section 44310 is amended by striking for a period that begins in one fiscal year and the Administrator deems necessary and pru- ‘‘1998.’’ and inserting ‘‘2003.’’. ends in the next fiscal year if (without regard to dent.’’. SEC. 308. TECHNICAL CORRECTIONS TO CIVIL any option to extend the period of the contract) SEC. 305. FOREIGN AVIATION SERVICES AUTHOR- PENALTY PROVISIONS. the contract period does not exceed one year. ITY. Section 46301 is amended— ‘‘(b) OBLIGATION OF FUNDS.—Funds made (a) RECIPROCAL WAIVER OF OVERFLIGHT (1) by striking ‘‘46302, 46303, or’’ in subsection available for a fiscal year may be obligated for FEES.—Section 45301(a)(1) is amended to read as (a)(1)(A); the total amount of a contract entered into follows: (2) by striking ‘‘individual’’ the first time it under the authority of subsection (a) of this sec- ‘‘(1) Air traffic control and related services appears in subsection (d)(7)(A) and inserting tion.’’. provided to aircraft that neither take off from, ‘‘person’’; and nor land in, the United States, other than mili- (b) CONFORMING AMENDMENT.—The chapter (3) by inserting ‘‘or the Administrator’’ in sub- analysis for chapter 401 is amended by adding tary and civilian aircraft of the United States section (g) after ‘‘Secretary’’. Government or of a foreign government, except at the end thereof the following: TITLE IV—TITLE 49 TECHNICAL that such fees shall not be imposed on over- CORRECTIONS ‘‘40125. Severable services contracts for periods flights that take off and land in a country con- crossing fiscal years.’’. tiguous to the United States if— SEC. 401. RESTATEMENT OF 49 U.S.C. 106(g). SEC. 302. FOREIGN CARRIERS ELIGIBLE FOR ‘‘(A) both the origin and destination of such (a) IN GENERAL.—Section 106(g) is amended by WAIVER UNDER AIRPORT NOISE AND flights are within that other country; striking ‘‘40113(a), (c), and (d), 40114(a), 40119, CAPACITY ACT. ‘‘(B) that country exempts similar categories 44501(a) and (c), 44502(a)(1), (b) and (c), 44504, The first sentence of section 47528(b)(1) is of flights operated by citizens of the United 44505, 44507, 44508, 44511–44513, 44701–44716, amended by inserting ‘‘or foreign air carrier’’ States from such fees; and 44718(c), 44721(a), 44901, 44902, 44903(a)–(c) and after ‘‘air carrier’’ the first place it appears and ‘‘(C) that country exchanges responsibility for (e), 44906, 44912, 44935–44937, and 44938(a) and after ‘‘carrier’’ the first place it appears. air traffic control services with the United (b), chapter 451, sections 45302–45304,’’ and in- SEC. 303. GOVERNMENT AND INDUSTRY CON- States.’’. serting ‘‘40113(a), (c)–(e), 40114(a), and 40119, SORTIA. (b) TECHNICAL CORRECTIONS.—Section 45301 is and chapter 445 (except sections 44501(b), Section 44903 is amended by adding at the end amended— 44502(a)(2)–(4), 44503, 44506, 44509, 44510, 44514, thereof the following: (1) by striking ‘‘government.’’ in subsection and 44515), chapter 447 (except sections 44717, ‘‘(f) GOVERNMENT AND INDUSTRY CON- (a)(2) and inserting ‘‘government or to any enti- 44718(a) and (b), 44719, 44720, 44721(b), 44722, SORTIA.—The Administrator may establish at ty obtaining services outside the United and 44723), chapter 449 (except sections 44903(d), airports such consortia of government and avia- States.’’; 44904, 44905, 44907–44911, 44913, 44915, and tion industry representatives as the Adminis- (2) by striking ‘‘directly’’ in subsection 44931–44934), chapter 451, chapter 453, sections’’. trator may designate to provide advice on mat- (b)(1)(B); and (b) TECHNICAL CORRECTION.—The amendment ters related to aviation security and safety. (3) by striking ‘‘rendered.’’ in subsection made by this section may not be construed as Such consortia shall not be considered federal (b)(1)(B) and inserting ‘‘rendered, including making a substantive change in the language advisory committees for purposes of the Federal value to the recipient and both direct and indi- replaced. rect costs of overflight-related services, as deter- Advisory Committee Act (5 U.S.C. App.).’’. SEC. 402. RESTATEMENT OF 49 U.S.C. 44909. mined by the Administrator, using generally ac- SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS Section 44909(a)(2) is amended by striking cepted accounting principles and internation- OF THE CHICAGO CONVENTION. ‘‘shall’’ and inserting ‘‘should’’. ally accepted principles of setting fees for over- Section 44701 is amended— SEC. 403. TYPOGRAPHICAL ERRORS. (1) by redesignating subsection (e) as sub- flight-related services.’’. (a) SECTION 15904.— Section 15904(c)(1) is section (f); and SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL amended by inserting ‘‘section’’ before (2) by inserting after subsection (d) the fol- HISTORY RECORD CHECKS; TECH- ‘‘15901(b)’’. lowing: NICAL AMENDMENTS TO PILOT RECORDS IMPROVEMENT ACT. (b) CHAPTER 491.—Chapter 491 is amended— ‘‘(e) BILATERAL EXCHANGES OF SAFETY OVER- Section 44936 is amended— (1) by striking ‘‘1996’’ in section 49106(b)(1)(F) SIGHT RESPONSIBILITIES.— (1) by striking ‘‘subparagraph (C))’’ in sub- and inserting ‘‘1986’’; ‘‘(1) Notwithstanding the provisions of this section (a)(1)(B) and inserting ‘‘subparagraph (2) by striking ‘‘by the board’’ in section chapter, and pursuant to Article 83 bis of the (C), or in the case of passenger, baggage, or 49106(c)(3) and inserting ‘‘to the board’’; Convention on International Civil Aviation, the property screening at airports, the Adminis- (3) by striking ‘‘subchapter II’’ in section Administrator may, by a bilateral agreement trator decides it is necessary to ensure air trans- 49107(b) and inserting ‘‘subchapter III’’; and with the aeronautical authorities of another portation security)’’; (4) by striking ‘‘retention of ’’ in section country, exchange with that country all or part (2) by striking ‘‘individual’’ in subsection 49111(b) and inserting ‘‘retention by’’. of their respective functions and duties with re- (f)(1)(B)(ii) and inserting ‘‘individual’s perform- (c) SCHEDULE OF REPEALED LAWS.—The spect to aircraft described in subparagraphs (A) ance as a pilot’’; and Schedule of Laws Repealed in section 5(b) of the and (B), under the following articles of the Con- (3) by inserting ‘‘or from a foreign government Act of November 20, 1997 (Public Law 105–102; vention: or entity that employed the individual,’’ in sub- 111 Stat. 2217), is amended by striking ‘‘1996’’ ‘‘(A) Article 12 (Rules of the Air). section (f)(14)(B) after ‘‘exists,’’. the first place it appears and inserting ‘‘1986’’. ‘‘(B) Article 31 (Certificates of Airworthiness). SEC. 307. AVIATION INSURANCE PROGRAM (d) AMENDMENTS EFFECTIVE ASOFEARLIER ‘‘(C) Article 32a (Licenses of Personnel). AMENDMENTS. DATE OF ENACTMENT.—The amendments made ‘‘(2) The agreement under paragraph (1) may (a) REIMBURSEMENT OF INSURED PARTY’S by subsections (a), (b), and (c) are effective as of apply to— SUBROGEE.—Subsection (a) of 44309 is amend- November 20, 1997. ‘‘(A) aircraft registered in the United States ed— (e) CORRECTION OF ERROR IN TECHNICAL COR- operated pursuant to an agreement for the (1) by striking the subsection caption and the RECTIONS ACT.—Effective October 11, 1996, sec- lease, charter, or interchange of the aircraft or first sentence, and inserting the following: tion 5(45)(A) of the Act of October 11, 1996 (Pub- any similar arrangement by an operator that ‘‘(a) LOSSES.— lic Law 104–287, 110 Stat. 3393), is amended by has its principal place of business or, if it has no ‘‘(1) A person may bring a civil action in a striking ‘‘ENFORCEMENT;’’ and inserting such place of business, its permanent residence district court of the United States or in the ‘‘ENFORCEMENT:’’. in another country; or United States Court of Federal Claims against TITLE V—MISCELLANEOUS ‘‘(B) aircraft registered in a foreign country the United States Government when— operated under an agreement for the lease, ‘‘(A) a loss insured under this chapter is in SEC. 501. OVERSIGHT OF FAA RESPONSE TO YEAR charter, or interchange of the aircraft or any dispute; or 2000 PROBLEM. similar arrangement by an operator that has its ‘‘(B)(i) the person is subrogated to the rights The Administrator of the Federal Aviation principal place of business or, if it has no such against the United States Government of a party Administration shall report to the Senate Com- place of business, its permanent residence in the insured under this chapter (other than under mittee on Commerce, Science, and Transpor- United States. subsection 44305(b) of this title), under a con- tation and the House Committee on Transpor- ‘‘(3) The Administrator relinquishes responsi- tract between the person and such insured tation and Infrastructure every 3 months, in bility with respect to the functions and duties party; and oral or written form, on electronic data proc- transferred by the Administrator as specified in ‘‘(ii) the person has paid to such insured essing problems associated with the year 2000 the bilateral agreement, under the Articles listed party, with the approval of the Secretary of within the Administration. in paragraph (1) of this subsection for United Transportation, an amount for a physical dam- SEC. 502. CARGO COLLISION AVOIDANCE SYS- States-registered aircraft transferred abroad as age loss that the Secretary of Transportation TEMS DEADLINE. described in subparagraph (A) of that para- has determined is a loss covered under insur- (a) IN GENERAL.—The Administrator of the graph, and accepts responsibility with respect to ance issued under this chapter (other than in- Federal Aviation Administration shall require the functions and duties under those Articles for surance issued under subsection 44305(b) of this by regulation that, not later than December 31, aircraft registered abroad that are transferred to title).’’; and 2002, collision avoidance equipment be installed

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10804 CONGRESSIONAL RECORD — SENATE September 23, 1998 on each cargo aircraft with a payload capacity flight crew or cabin crew of a civil aircraft, or notice of proposed rulemaking to develop proce- of 15,000 kilograms or more. who poses an imminent threat to the safety of dures to protect air carriers and their employees (b) EXTENSION.—The Administrator may ex- the aircraft or other individuals on the aircraft, from civil enforcement action under the program tend the deadline imposed by subsection (a) for is liable to the United States Government for a known as Flight Operations Quality Assurance. not more than 2 years if the Administrator finds civil penalty of not more than $10,000, which Not later than 1 year after the last day of the that the extension is needed to promote— shall be paid to the Federal Aviation Adminis- period for public comment provided for in the (1) a safe and orderly transition to the oper- tration and deposited in the account established notice of proposed rulemaking, the Adminis- ation of a fleet of cargo aircraft equipped with by section 45303(c). trator shall issue a final rule establishing those collision avoidance equipment; or ‘‘(b) COMPROMISE AND SETOFF.— procedures. (2) other safety or public interest objectives. ‘‘(1) The Secretary of Transportation or the SEC. 510. WIDE AREA AUGMENTATION SYSTEM. (c) COLLISION AVOIDANCE EQUIPMENT.—For Administrator may compromise the amount of a (a) PLAN.—The Administrator shall identify or purposes of this section, the term ‘‘collision civil penalty imposed under subsection (a). develop a plan to implement WAAS to provide ‘‘(2) The Government may deduct the amount avoidance equipment’’ means TCAS II equip- navigation and landing approach capabilities of a civil penalty imposed or compromised under ment (as defined by the Administrator), or any for civilian use and make a determination as to this section from amounts it owes the individual other similar system approved by the Adminis- whether a backup system is necessary. Until the liable for the penalty.’’. tration for collision avoidance purposes. Administrator determines that WAAS is the sole (b) CONFORMING CHANGE.—The chapter anal- SEC. 503. RUNWAY SAFETY AREAS. means of navigation, the Administration shall ysis for chapter 463 is amended by striking the Within 6 months after the date of enactment continue to develop and maintain a backup sys- item relating to section 46316 and inserting after of this Act, the Administrator of the Federal tem.’’. the item relating to section 46315 the following: Aviation Administration shall initiate rule- (b) REPORT.—Within 6 months after the date making to amend the regulations in part 139 of ‘‘46316. Interference with cabin or flight crew. of enactment of this Act, the Administrator title 14, Code of Federal Regulation— ‘‘46317. General criminal penalty when specific shall— (1) to improve runway safety areas; and penalty not provided.’’. (1) report to the Senate Committee on Com- (2) to require the installation of precision ap- SEC. 507. HIGHER INTERNATIONAL STANDARDS merce, Science, and Transportation and the proach path indicators. FOR HANDICAPPED ACCESS. House of Representatives Committee on Trans- SEC. 504. AIRPLANE EMERGENCY LOCATORS. The Secretary of Transportation shall work portation and Infrastructure, on the plan devel- (a) REQUIREMENT.—Section 44712(b) is amend- with appropriate international organizations oped under subsection (a); ed to read as follows: and the aviation authorities of other nations to (2) submit a timetable for implementing ‘‘(b) NONAPPLICATION.—Subsection (a) does bring about their establishment of higher stand- WAAS; and not apply to aircraft when used in— ards for accommodating handicapped pas- (3) make a determination as to whether WAAS ‘‘(1) flight operations related to the design sengers in air transportation, particularly with will ultimately become a primary or sole means and testing, manufacture, preparation, and de- respect to foreign air carriers that code-share of navigation and landing approach capabili- livery of aircraft; or with domestic air carriers. ties. ‘‘(2) the aerial application of a substance for SEC. 508. CONVEYANCES OF UNITED STATES GOV- (c) WAAS DEFINED.—For purposes of this sec- an agricultural purpose.’’. ERNMENT LAND. tion, the term ‘‘WAAS’’ means wide area aug- (b) EFFECTIVE DATE; REGULATIONS.— (a) IN GENERAL.—Section 47125(a) is amended mentation system. (1) REGULATIONS.—The Secretary of Transpor- to read as follows: (d) FUNDING AUTHORIZATION.—There are au- tation shall promulgate regulations under sec- ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.—Ex- thorized to be appropriated to the Secretary of tion 44712(b) of title 49, United States Code, as cept as provided in subsection (b) of this section, Transportation such sums as may be necessary amended by subsection (a) not later than Janu- the Secretary of Transportation— to carry out this subsection. ary 1, 2002. ‘‘(1) shall request the head of the department, SEC. 511. REGULATION OF ALASKA AIR GUIDES. (2) EFFECTIVE DATE.—The amendment made agency, or instrumentality owning or control- by subsection (a) shall take effect on January 1, ling land or airspace to convey a property inter- The Administrator shall reissue the notice to 2002. est in the land or airspace to the public agency operators originally published in the Federal Register on January 2, 1998, which advised SEC. 505. COUNTERFEIT AIRCRAFT PARTS. sponsoring the project or owning or controlling Alaska guide pilots of the applicability of part (a) DENIAL OF CERTIFICATE.—Section 44703 is the airport when necessary to carry out a 135 of title 14, Code of Federal Regulations, to amended by adding at the end thereof the fol- project under this subchapter at a public air- guide pilot operations. In reissuing the notice, lowing: port, to operate a public airport, or for the fu- the Administrator shall provide for not less than ‘‘(g) CERTIFICATE DENIED FOR DEALING IN ture development of an airport under the na- 60 days of public comment on the Federal Avia- COUNTERFEIT PARTS.—The Administrator may tional plan of integrated airport systems; and not issue a certificate to anyone convicted of a ‘‘(2) may request the head of such a depart- tion Administration action. If, notwithstanding violation of any Federal or State law relating to ment, agency, or instrumentality to convey a the public comments, the Administrator decides the installation, production, repair, or sale of a property interest in the land or airspace to a to proceed with the action, the Administrator counterfeit or falsely-represented aviation part public agency for a use that will complement, shall publish in the Federal Register a notice or material.’’. facilitate, or augment airport development, in- justifying the Administrator’s decision and pro- viding at least 90 days for compliance. (b) REVOCATION OF CERTIFICATE.—Section cluding the development of additional revenue 44710 is amended by adding at the end thereof from both aviation and nonaviation sources if SEC. 512. APPLICATION OF FAA REGULATIONS. the following: the Secretary— Section 40113 is amended by adding at the end ‘‘(g) REVOCATION FOR DEALING IN COUNTER- ‘‘(A) determines that the property is no longer thereof the following: FEIT PARTS.—The Administrator shall revoke a needed for aeronautical purposes; ‘‘(f) APPLICATION OF CERTAIN REGULATIONS certificate issued to anyone convicted of a viola- ‘‘(B) determines that the property will be used TO ALASKA.—In amending title 14, Code of Fed- tion of any Federal or State law relating to the to generate revenue for the public airport; eral Regulations, in a manner affecting intra- installation, production, repair, or sale of a ‘‘(C) provides preliminary notice to the head state aviation in Alaska, the Administrator of counterfeit or falsely-represented aviation part of such department, agency, or instrumentality the Federal Aviation Administration shall con- or material.’’. at least 30 days before making the request; sider the extent to which Alaska is not served by (c) PROHIBITION ON EMPLOYMENT.—Section ‘‘(D) provides an opportunity for notice to the transportation modes other than aviation, and 44711 is amended by adding at the end thereof public on the request; and shall establish such regulatory distinctions as the following: ‘‘(E) includes in the request a written jus- the Administrator considers appropriate.’’. tification for the conveyance.’’. ‘‘(c) PROHIBITION ON EMPLOYMENT OF CON- SEC. 513. HUMAN FACTORS PROGRAM. (b) APPLICATION TO EXISTING CONVEYANCES.— VICTED COUNTERFEIT PART DEALERS.—No per- (a) IN GENERAL.—Chapter 445 is amended by The provisions of section 47125(a)(2), as amend- son subject to this chapter may employ anyone adding at the end thereof the following: to perform a function related to the procure- ed by subsection (a) apply to property interests ‘‘§ 44516. Human factors program ment, sale, production, or repair of a part or conveyed under section 47125 of that title before, material, or the installation of a part into a civil on, or after the date of enactment of this Act, ‘‘(a) OVERSIGHT COMMITTEE.—The Adminis- aircraft, who has been convicted of a violation section 516 of the Airport and Airway Improve- trator of the Federal Aviation Administration of any Federal or State law relating to the in- ment Act of 1982, section 23 of the Airport and shall establish an advanced qualification pro- stallation, production, repair, or sale of a coun- Airway Development Act of 1970, or section 16 of gram oversight committee to advise the Adminis- terfeit or falsely-represented aviation part or the Federal Airport Act. For purposes of this trator on the development and execution of Ad- material.’’. section, the Secretary of Transportation (or the vanced Qualification Programs for air carriers predecessor of the Secretary) shall be deemed to under this section, and to encourage their adop- SEC. 506. FAA MAY FINE UNRULY PASSENGERS. have met the requirements of subparagraphs tion and implementation. (a) IN GENERAL.—Chapter 463 is amended by (C), (D), and (E) of section 47125(a)(2) of such ‘‘(b) HUMAN FACTORS TRAINING.— redesignating section 46316 as section 46317, and title, as so amended, for any such conveyance ‘‘(1) AIR TRAFFIC CONTROLLERS.—The Admin- by inserting after section 46315 the following: before the date of enactment of this Act. istrator shall— ‘‘§ 46316. Interference with cabin or flight SEC. 509. FLIGHT OPERATIONS QUALITY ASSUR- ‘‘(A) address the problems and concerns raised crew ANCE RULES. by the National Research Council in its report ‘‘(a) IN GENERAL.—An individual who inter- Not later than 90 days after the date of enact- ‘The Future of Air Traffic Control’ on air traffic feres with the duties or responsibilities of the ment of this Act, the Administrator shall issue a control automation; and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10805 ‘‘(B) respond to the recommendations made by ensuring the consistency and reliability of re- ‘‘SUBCHAPTER III—WHISTLEBLOWER the National Research Council. ported data to begin immediately after full oper- PROTECTION PROGRAM ‘‘(2) PILOTS AND FLIGHT CREWS.—The Admin- ational capability of the cost accounting system. ‘‘§ 42121. Protection of employees providing istrator shall work with the aviation industry to (B) A review and validation of the Federal air safety information develop specific training curricula, within 12 Aviation Administration’s definition of the serv- ‘‘(a) DISCRIMINATION AGAINST AIRLINE EM- months after the date of enactment of the Wen- ices to which the Federal Aviation Administra- PLOYEES.—No air carrier or contractor or sub- dell H. Ford National Air Transportation Sys- tion ultimately attributes its costs, and the contractor of an air carrier may discharge an tem Improvement Act of 1998, to address critical methods used to identify direct costs associated employee of the air carrier or the contractor or safety problems, including problems of pilots— with the services. subcontractor of an air carrier or otherwise dis- (C) An assessment and validation of the gen- ‘‘(A) in recovering from loss of control of the criminate against any such employee with re- eral cost pools used by the Federal Aviation Ad- aircraft, including handling unusual attitudes spect to compensation, terms, conditions, or ministration, including the rationale for and re- and mechanical malfunctions; privileges of employment because the employee liability of the bases on which the Federal Avia- ‘‘(B) in deviating from standard operating (or any person acting pursuant to a request of tion Administration proposes to allocate costs of procedures, including inappropriate responses to the employee)— emergencies and hazardous weather; services to users and the integrity of the cost ‘‘(1) provided, caused to be provided, or is ‘‘(C) in awareness of altitude and location rel- pools as well as any other factors considered im- about to provide or cause to be provided to the ative to terrain to prevent controlled flight into portant by the Inspector General. Appropriate Federal Government information relating to any terrain; and statistical tests shall be performed to assess rela- violation or alleged violation of any order, regu- ‘‘(D) in landing and approaches, including tionships between costs in the various cost pools lation, or standard of the Federal Aviation Ad- nonprecision approaches and go-around proce- and activities and services to which the costs ministration or any other provision of Federal dures. are attributed by the Federal Aviation Adminis- law relating to air carrier safety under this sub- ‘‘(c) ACCIDENT INVESTIGATIONS.—The Admin- tration. title or any other law of the United States; istrator, working with the National Transpor- (b) DEADLINE.—The independent analyses de- ‘‘(2) has filed, caused to be filed, or is about tation Safety Board and representatives of the scribed in this section shall be completed no to file or cause to be filed a proceeding relating aviation industry, shall establish a process to later than 270 days after the contracts are to any violation or alleged violation of any assess human factors training as part of acci- awarded to the outside independent contractors. order, regulation, or standard of the Federal dent and incident investigations. The Inspector General shall submit a final re- Aviation Administration or any other provision ‘‘(d) TEST PROGRAM.—The Administrator shall port combining the analyses done by its staff of Federal law relating to air carrier safety establish a test program in cooperation with with those of the outside independent contrac- under this subtitle or any other law of the United States air carriers to use model Jeppesen tors to the Secretary of Transportation, the Ad- United States; approach plates or other similar tools to improve ministrator, the Committee on Commerce, ‘‘(3) testified or will testify in such a pro- nonprecision landing approaches for aircraft. Science, and Transportation of the Senate, and ceeding; or ‘‘(e) ADVANCED QUALIFICATION PROGRAM DE- the Committee on Transportation and Infra- ‘‘(4) assisted or participated or is about to as- FINED.—For purposes of this section, the term structure of the House of Representatives. The sist or participate in such a proceeding. ‘advanced qualification program’ means an al- final report shall be submitted by the Inspector ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PRO- ternative method for qualifying, training, certi- General not later than 300 days after the award CEDURE.— fying, and ensuring the competency of flight of contracts. ‘‘(1) FILING AND NOTIFICATION.— crews and other commercial aviation operations (c) FUNDING.—There are authorized to be ap- ‘‘(A) IN GENERAL.—In accordance with this personnel subject to the training and evaluation propriated such sums as may be necessary for paragraph, a person may file (or have a person requirements of Parts 121 and 135 of title 14, the cost of the contracted audit services author- file on behalf of that person) a complaint with Code of Federal Regulations.’’. ized by this section. the Secretary of Labor if that person believes (b) AUTOMATION AND ASSOCIATED TRAINING.— SEC. 515. WHISTLEBLOWER PROTECTION FOR FAA that an air carrier or contractor or subcon- The Administrator shall complete the Adminis- EMPLOYEES. tractor of an air carrier discharged or otherwise tration’s updating of training practices for au- Section 347(b)(1) of Public Law 104–50 (49 discriminated against that person in violation of tomation and associated training requirements U.S.C. 106, note) is amended by striking ‘‘pro- subsection (a). within 12 months after the date of enactment of tection;’’ and inserting ‘‘protection, including ‘‘(B) REQUIREMENTS FOR FILING COM- this Act. the provisions for investigations and enforce- PLAINTS.—A complaint referred to in subpara- (c) CONFORMING AMENDMENT.—The chapter ment as provided in chapter 12 of title 5, United graph (A) may be filed not later than 90 days analysis for chapter 445 is amended by adding States Code;’’. after an alleged violation occurs. The complaint at the end thereof the following: SEC. 516. REPORT ON MODERNIZATION OF OCE- shall state the alleged violation. ‘‘44516. Advanced qualification program.’’. ANIC ATC SYSTEM. ‘‘(C) NOTIFICATION.—Upon receipt of a com- plaint submitted under subparagraph (A), the SEC. 514. INDEPENDENT VALIDATION OF FAA The Administrator of the Federal Aviation COSTS AND ALLOCATIONS. Administration shall report to the Congress on Secretary of Labor shall notify the air carrier, contractor, or subcontractor named in the com- (a) INDEPENDENT ASSESSMENT.— plans to modernize the oceanic air traffic con- plaint and the Administrator of the Federal (1) INITIATION.—Not later than 90 days after trol system, including a budget for the program, the date of enactment of this Act, the Inspector a determination of the requirements for mod- Aviation Administration of the— ‘‘(i) filing of the complaint; General of the Department of Transportation ernization, and, if necessary, a proposal to fund the program. ‘‘(ii) allegations contained in the complaint; shall initiate the analyses described in para- ‘‘(iii) substance of evidence supporting the SEC. 517. REPORT ON AIR TRANSPORTATION graph (2). In conducting the analyses, the In- complaint; and spector General shall ensure that the analyses OVERSIGHT SYSTEM. Beginning in 1999, the Administrator of the ‘‘(iv) opportunities that are afforded to the air are carried out by 1 or more entities that are carrier, contractor, or subcontractor under independent of the Federal Aviation Adminis- Federal Aviation Administration shall report bi- annually to the Congress on the air transpor- paragraph (2). tration. The Inspector General may use the staff ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— tation oversight system program announced by and resources of the Inspector General or may ‘‘(A) IN GENERAL.— contract with independent entities to conduct the Administration on May 13, 1998, in detail on ‘‘(i) INVESTIGATION.—Not later than 60 days the analyses. the training of inspectors, the number of inspec- after receipt of a complaint filed under para- (2) ASSESSMENT OF ADEQUACY AND ACCURACY tors using the system, air carriers subject to the graph (1) and after affording the person named OF FAA COST DATA AND ATTRIBUTIONS.—To en- system, and the budget for the system. in the complaint an opportunity to submit to the sure that the method for capturing and distrib- SEC. 518. RECYCLING OF EIS. Secretary of Labor a written response to the uting the overall costs of the Federal Aviation Notwithstanding any other provision of law to complaint and an opportunity to meet with a Administration is appropriate and reasonable, the contrary, the Secretary of Transportation representative of the Secretary to present state- the Inspector General shall conduct an assess- may authorize the use, in whole or in part, of a ments from witnesses, the Secretary of Labor ment that includes the following: completed environmental assessment or environ- shall conduct an investigation and determine (A)(i) Validation of Federal Aviation Adminis- mental impact study for a new airport construc- whether there is reasonable cause to believe that tration cost input data, including an audit of tion project that is substantially similar in na- the complaint has merit and notify in writing the reliability of Federal Aviation Administra- ture to one previously constructed pursuant to the complainant and the person alleged to have tion source documents and the integrity and re- the completed environmental assessment or envi- committed a violation of subsection (a) of the liability of the Federal Aviation Administra- ronmental impact study in order to avoid unnec- Secretary’s findings. tion’s data collection process. essary duplication of expense and effort, and ‘‘(ii) ORDER.—Except as provided in subpara- (ii) An assessment of the reliability of the Fed- any such authorized use shall meet all require- graph (B), if the Secretary of Labor concludes eral Aviation Administration’s system for track- ments of Federal law for the completion of such that there is reasonable cause to believe that a ing assets. an assessment or study. violation of subsection (a) has occurred, the Sec- (iii) An assessment of the reasonableness of SEC. 519. PROTECTION OF EMPLOYEES PRO- retary shall accompany the findings referred to the Federal Aviation Administration’s bases for VIDING AIR SAFETY INFORMATION. in clause (i) with a preliminary order providing establishing asset values and depreciation rates. (a) GENERAL RULE.—Chapter 421 of title 49, the relief prescribed under paragraph (3)(B). (iv) An assessment of the Federal Aviation United States Code, is amended by adding at the ‘‘(iii) OBJECTIONS.—Not later than 30 days Administration’s system of internal controls for end the following new subchapter: after the date of notification of findings under

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10806 CONGRESSIONAL RECORD — SENATE September 23, 1998 this paragraph, the person alleged to have com- an amount equal to the aggregate amount of all ing ‘‘subchapter II of chapter 421,’’ and insert- mitted the violation or the complainant may file costs and expenses (including attorney and ex- ing ‘‘subchapter II or III of chapter 421,’’. objections to the findings or preliminary order pert witness fees) reasonably incurred by the TITLE VI—AVIATION COMPETITION and request a hearing on the record. complainant (as determined by the Secretary of PROMOTION ‘‘(iv) EFFECT OF FILING.—The filing of objec- Labor) for, or in connection with, the bringing SEC. 601. PURPOSE. tions under clause (iii) shall not operate to stay of the complaint that resulted in the issuance of The purpose of this title is to facilitate, any reinstatement remedy contained in the pre- the order. through a 4-year pilot program, incentives and liminary order. ‘‘(D) FRIVOLOUS COMPLAINTS.—If the Sec- projects that will help up to 40 communities or ‘‘(v) HEARINGS.—Hearings conducted pursu- retary of Labor finds that a complaint brought ant to a request made under clause (iii) shall be under paragraph (1) is frivolous or was brought consortia of communities to improve their access conducted expeditiously. If a hearing is not re- in bad faith, the Secretary of Labor may award to the essential airport facilities of the national quested during the 30-day period prescribed in to the prevailing employer a reasonable attorney air transportation system through public-private clause (iii), the preliminary order shall be fee in an amount not to exceed $5,000. partnerships and to identify and establish ways to overcome the unique policy, economic, geo- deemed a final order that is not subject to judi- ‘‘(4) REVIEW.— cial review. ‘‘(A) APPEAL TO COURT OF APPEALS.— graphic, and marketplace factors that may in- ‘‘(B) REQUIREMENTS.— ‘‘(i) IN GENERAL.—Not later than 60 days after hibit the availability of quality, affordable air ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— a final order is issued under paragraph (3), a service to small communities. The Secretary of Labor shall dismiss a com- person adversely affected or aggrieved by that SEC. 602. ESTABLISHMENT OF SMALL COMMU- plaint filed under this subsection and shall not order may obtain review of the order in the NITY AVIATION DEVELOPMENT PRO- conduct an investigation otherwise required United States court of appeals for the circuit in GRAM. under subparagraph (A) unless the complainant which the violation allegedly occurred or the Section 102 is amended by adding at the end makes a prima facie showing that any behavior circuit in which the complainant resided on the thereof the following: ‘‘(g) SMALL COMMUNITY AIR SERVICE DEVEL- described in paragraphs (1) through (4) of sub- date of that violation. OPMENT PROGRAM.— section (a) was a contributing factor in the un- ‘‘(ii) REQUIREMENTS FOR JUDICIAL REVIEW.—A ‘‘(1) ESTABLISHMENT.—The Secretary shall es- favorable personnel action alleged in the com- review conducted under this paragraph shall be tablish a 4-year pilot aviation development pro- plaint. conducted in accordance with chapter 7 of title gram to be administered by a program director ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- 5. The commencement of proceedings under this designated by the Secretary. standing a finding by the Secretary that the subparagraph shall not, unless ordered by the ‘‘(2) FUNCTIONS.—The program director complainant has made the showing required court, operate as a stay of the order that is the shall— under clause (i), no investigation otherwise re- subject of the review. ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— ‘‘(A) function as a facilitator between small quired under subparagraph (A) shall be con- communities and air carriers; ducted if the employer demonstrates, by clear An order referred to in subparagraph (A) shall not be subject to judicial review in any criminal ‘‘(B) carry out section 41743 of this title; and convincing evidence, that the employer ‘‘(C) carry out the airline service restoration would have taken the same unfavorable per- or other civil proceeding. ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY program under sections 41744, 41745, and 41746 sonnel action in the absence of that behavior. of this title; ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- OF LABOR.— ‘‘(A) IN GENERAL.—If an air carrier, con- ‘‘(D) ensure that the Bureau of Transpor- RETARY.—The Secretary may determine that a tractor, or subcontractor named in an order tation Statistics collects data on passenger in- violation of subsection (a) has occurred only if formation to assess the service needs of small the complainant demonstrates that any behavior issued under paragraph (3) fails to comply with the order, the Secretary of Labor may file a civil communities; described in paragraphs (1) through (4) of sub- ‘‘(E) work with and coordinate efforts with section (a) was a contributing factor in the un- action in the United States district court for the district in which the violation occurred to en- other Federal, State, and local agencies to in- favorable personnel action alleged in the com- crease the viability of service to small commu- plaint. force that order. ‘‘(B) RELIEF.—In any action brought under nities and the creation of aviation development ‘‘(iv) PROHIBITION.—Relief may not be ordered this paragraph, the district court shall have ju- zones; and under subparagraph (A) if the employer dem- risdiction to grant any appropriate form of re- ‘‘(F) provide policy recommendations to the onstrates by clear and convincing evidence that lief, including injunctive relief and compen- Secretary and the Congress that will ensure that the employer would have taken the same unfa- satory damages. small communities have access to quality, af- vorable personnel action in the absence of that ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— fordable air transportation services. behavior. ‘‘(A) COMMENCEMENT OF ACTION.—A person ‘‘(3) REPORTS.—The program director shall ‘‘(3) FINAL ORDER.— on whose behalf an order is issued under para- provide an annual report to the Secretary and ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT graph (3) may commence a civil action against the Congress beginning in 1999 that— AGREEMENTS.— the air carrier, contractor, or subcontractor ‘‘(A) analyzes the availability of air transpor- ‘‘(i) IN GENERAL.—Not later than 120 days named in the order to require compliance with tation services in small communities, including, after conclusion of a hearing under paragraph the order. The appropriate United States district but not limited to, an assessment of the air fares (2), the Secretary of Labor shall issue a final court shall have jurisdiction, without regard to charged for air transportation services in small order that— the amount in controversy or the citizenship of communities compared to air fares charged for ‘‘(I) provides relief in accordance with this the parties, to enforce the order. air transportation services in larger metropoli- paragraph; or ‘‘(B) ATTORNEY FEES.—In issuing any final tan areas and an assessment of the levels of ‘‘(II) denies the complaint. order under this paragraph, the court may service, measured by types of aircraft used, the ‘‘(ii) SETTLEMENT AGREEMENT.—At any time award costs of litigation (including reasonable availability of seats, and scheduling of flights, before issuance of a final order under this para- attorney and expert witness fees) to any party if provided to small communities; graph, a proceeding under this subsection may the court determines that the awarding of those ‘‘(B) identifies the policy, economic, geo- be terminated on the basis of a settlement agree- costs is appropriate. graphic and marketplace factors that inhibit the ment entered into by the Secretary of Labor, the ‘‘(c) MANDAMUS.—Any nondiscretionary duty availability of quality, affordable air transpor- complainant, and the air carrier, contractor, or imposed by this section shall be enforceable in a tation services to small communities; and subcontractor alleged to have committed the vio- mandamus proceeding brought under section ‘‘(C) provides policy recommendations to ad- lation. 1361 of title 28. dress the policy, economic, geographic, and mar- ‘‘(B) REMEDY.—If, in response to a complaint ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- ketplace factors inhibiting the availability of filed under paragraph (1), the Secretary of LATIONS.—Subsection (a) shall not apply with quality, affordable air transportation services to Labor determines that a violation of subsection respect to an employee of an air carrier, or con- small communities.’’. (a) has occurred, the Secretary of Labor shall tractor or subcontractor of an air carrier who, order the air carrier, contractor, or subcon- SEC. 603. COMMUNITY-CARRIER AIR SERVICE acting without direction from the air carrier (or PROGRAM. tractor that the Secretary of Labor determines an agent, contractor, or subcontractor of the air (a) IN GENERAL.—Subchapter II is amended by to have committed the violation to— carrier), deliberately causes a violation of any adding at the end thereof the following: ‘‘(i) take action to abate the violation; requirement relating to air carrier safety under ‘‘(ii) reinstate the complainant to the former ‘‘§ 41743. Air service program for small com- this subtitle or any other law of the United position of the complainant and ensure the pay- munities States.’’. ment of compensation (including back pay) and ‘‘(a) COMMUNITIES PROGRAM.—Under advi- (b) CONFORMING AMENDMENT.—The chapter the restoration of terms, conditions, and privi- analysis for chapter 421 of title 49, United States sory guidelines prescribed by the Secretary of leges associated with the employment; and Code, is amended by adding at the end the fol- Transportation, a small community or a con- ‘‘(iii) provide compensatory damages to the lowing: sortia of small communities or a State may de- complainant. velop an assessment of its air service require- ‘‘(C) COSTS OF COMPLAINT.—If the Secretary ‘‘SUBCHAPTER III—WHISTLEBLOWER ments, in such form as the program director des- of Labor issues a final order that provides for PROTECTION PROGRAM ignated by the Secretary under section 102(g) relief in accordance with this paragraph, the ‘‘42121. Protection of employees providing air may require, and submit the assessment and Secretary of Labor, at the request of the com- safety information.’’. service proposal to the program director. plainant, shall assess against the air carrier, (c) CIVIL PENALTY.—Section 46301(a)(1)(A) of ‘‘(b) SELECTION OF PARTICIPANTS.—In select- contractor, or subcontractor named in the order title 49, United States Code, is amended by strik- ing community programs for participation in the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10807 communities program under subsection (a), the under section 102(g)(1) shall establish a 4-year ‘‘(1) permit the participation of the maximum program director shall apply criteria, including pilot program— feasible number of communities and States over geographical diversity and the presentation of ‘‘(1) to assist communities and States with in- a 4-year period by limiting the number of years unique circumstances, that will demonstrate the adequate access to the national transportation of participation or otherwise; and feasibility of the program. system to improve their access to that system; ‘‘(2) obtain the greatest possible leverage from ‘‘(c) CARRIERS PROGRAM.—The program direc- and the financial resources available to the Sec- tor shall invite part 121 air carriers and re- ‘‘(2) to facilitate better air service link-ups to retary and the applicant by— gional/commuter carriers (as such terms are de- support the improved access. ‘‘(A) progressively decreasing, on a project-by- fined in section 41715(d) of this title) to offer ‘‘(b) PROJECT AUTHORITY.—Under the pilot project basis, any Federal financial incentives service proposals in response to, or in conjunc- program established pursuant to subsection (a), provided under this chapter over the 4-year pe- tion with, community aircraft service assess- the program director may— riod; and ments submitted to the office under subsection ‘‘(1) out of amounts appropriated under sec- ‘‘(B) terminating as early as feasible Federal (a). A service proposal under this paragraph tion 604 of the Wendell H. Ford National Air financial incentives for any project determined shall include— Transportation System Improvement Act of 1998, by the Secretary after its implementation to be— ‘‘(1) an assessment of potential daily pas- provide financial assistance by way of grants to ‘‘(i) viable without further support under this senger traffic, revenues, and costs necessary for small communities or consortia of small commu- subchapter; or the carrier to offer the service; nities under section 41743 of up to $500,000 per ‘‘(ii) failing to meet the purposes of this chap- ‘‘(2) a forecast of the minimum percentage of year; and ter or criteria established by the Secretary under that traffic the carrier would require the com- ‘‘(2) take such other action as may be appro- the pilot program. munity to garner in order for the carrier to start priate. ‘‘(e) SUCCESS BONUS.—If Federal financial in- up and maintain the service; and ‘‘(c) OTHER ACTION.—Under the pilot program centives to a community are terminated under ‘‘(3) the costs and benefits of providing jet established pursuant to subsection (a), the pro- subsection (d)(2)(B) because of the success of the service by regional or other jet aircraft. gram director may facilitate service by— program in that community, then that commu- ‘‘(d) PROGRAM SUPPORT FUNCTION.—The pro- ‘‘(1) working with airports and air carriers to nity may receive a one-time incentive grant to gram director shall work with small communities ensure that appropriate facilities are made ensure the continued success of that program. and air carriers, taking into account their pro- available at essential airports; ‘‘(f) PROGRAM TO TERMINATE IN 4 YEARS.—No posals and needs, to facilitate the initiation of ‘‘(2) collecting data on air carrier service to new financial assistance may be provided under service. The program director— small communities; and this subchapter for any fiscal year beginning ‘‘(1) may work with communities to develop ‘‘(3) providing policy recommendations to the more than 4 years after the date of enactment of innovative means and incentives for the initi- Secretary to stimulate air service and competi- the Wendell H. Ford National Air Transpor- ation of service; tion to small communities. tation System Improvement Act of 1998. ‘‘(2) may obligate funds appropriated under ‘‘§ 41745. Assistance to communities for serv- ‘‘§ 41746. Additional authority section 604 of the Wendell H. Ford National Air ice ‘‘In carrying out this chapter, the Secretary— Transportation System Improvement Act of 1998 ‘‘(a) IN GENERAL.—Financial assistance pro- ‘‘(1) may provide assistance to States and to carry out this section; vided under section 41743 during any fiscal year communities in the design and application ‘‘(3) shall continue to work with both the car- as part of the pilot program established under phase of any project under this chapter, and riers and the communities to develop a combina- section 41744(a) shall be implemented for not oversee the implementation of any such project; tion of community incentives and carrier service more than— ‘‘(2) may assist States and communities in levels that— ‘‘(1) 4 communities within any State at any putting together projects under this chapter to ‘‘(A) are acceptable to communities and car- given time; and utilize private sector resources, other Federal re- riers; and ‘‘(2) 40 communities in the entire program at sources, or a combination of public and private ‘‘(B) do not conflict with other Federal or any time. resources; State programs to facilitate air transportation to For purposes of this subsection, a consortium of ‘‘(3) may accord priority to service by jet air- the communities; communities shall be treated as a single commu- craft; ‘‘(4) designate an airport in the program as an nity. ‘‘(4) take such action as may be necessary to Air Service Development Zone and work with ‘‘(b) ELIGIBILITY.—In order to participate in a ensure that financial resources, facilities, and the community on means to attract business to pilot project under this subchapter, a State, administrative arrangements made under this the area surrounding the airport, to develop community, or group of communities shall apply chapter are used to carry out the purposes of land use options for the area, and provide data, to the Secretary in such form and at such time, title VI of the Wendell H. Ford National Air working with the Department of Commerce and and shall supply such information, as the Sec- Transportation System Improvement Act of 1998; other agencies; retary may require, and shall demonstrate to the and ‘‘(5) take such other action under this chapter satisfaction of the Secretary that— ‘‘(5) shall work with the Federal Aviation Ad- as may be appropriate. ‘‘(1) the applicant has an identifiable need for ministration on airport and air traffic control ‘‘(e) LIMITATIONS.— access, or improved access, to the national air needs of communities in the program. ‘‘(1) COMMUNITY SUPPORT.—The program di- transportation system that would benefit the ‘‘§ 41747. Air traffic control services pilot pro- rector may not provide financial assistance public; gram under subsection (c)(2) to any community unless ‘‘(2) the pilot project will provide material ‘‘(a) IN GENERAL.—To further facilitate the the program director determines that— benefits to a broad section of the travelling pub- use of, and improve the safety at, small airports, ‘‘(A) a public-private partnership exists at the lic, businesses, educational institutions, and the Administrator of the Federal Aviation Ad- community level to carry out the community’s other enterprises whose access to the national ministration shall establish a pilot program to proposal; air transportation system is limited; contract for Level I air traffic control services at ‘‘(B) the community will make a substantial ‘‘(3) the pilot project will not impede competi- 20 facilities not eligible for participation in the financial contribution that is appropriate for tion; and Federal Contract Tower Program. that community’s resources, but of not less than ‘‘(4) the applicant has established, or will es- ‘‘(b) PROGRAM COMPONENTS.—In carrying out 25 percent of the cost of the project in any tablish, public-private partnerships in connec- the pilot program established under subsection event; tion with the pilot project to facilitate service to (a), the Administrator may— ‘‘(C) the community has established an open the public. ‘‘(1) utilize current, actual, site-specific data, process for soliciting air service proposals; and ‘‘(c) COORDINATION WITH OTHER PROVISIONS forecast estimates, or airport system plan data ‘‘(D) the community will accord similar bene- OF SUBCHAPTER.—The Secretary shall carry out provided by a facility owner or operator; fits to air carriers that are similarly situated. the 4-year pilot program authorized by this sub- ‘‘(2) take into consideration unique aviation ‘‘(2) AMOUNT.—The program director may not chapter in such a manner as to complement ac- safety, weather, strategic national interest, dis- obligate more than $30,000,000 of the amounts tion taken under the other provisions of this aster relief, medical and other emergency man- appropriated under 604 of the Wendell H. Ford subchapter. To the extent the Secretary deter- agement relief services, status of regional airline National Air Transportation System Improve- mines to be appropriate, the Secretary may service, and related factors at the facility; ment Act of 1998 over the 4 years of the pro- adopt criteria for implementation of the 4-year ‘‘(3) approve for participation any facility gram. pilot program that are the same as, or similar to, willing to fund a pro rata share of the operating ‘‘(3) NUMBER OF PARTICIPANTS.—The program the criteria developed under the preceding sec- costs used by the Federal Aviation Administra- established under subsection (a) shall not in- tions of this subchapter for determining which tion to calculate, and, as necessary, a 1:1 ben- volve more than 40 communities or consortia of airports are eligible under those sections. The efit-to-cost ratio, as required for eligibility communities. Secretary shall also, to the extent possible, pro- under the Federal Contract Tower Program; and ‘‘(f) REPORT.—The program director shall re- vide incentives where no direct, viable, and fea- ‘‘(4) approve for participation no more than 3 port through the Secretary to the Congress an- sible alternative service exists, taking into ac- facilities willing to fund a pro rata share of con- nually on the progress made under this section count geographical diversity and appropriate struction costs for an air traffic control tower so during the preceding year in expanding commer- market definitions. as to achieve, at a minimum, a 1:1 benefit-to- cial aviation service to smaller communities. ‘‘(d) MAXIMIZATION OF PARTICIPATION.—The cost ratio, as required for eligibility under the ‘‘§ 41744. Pilot program project authority Secretary shall structure the program estab- Federal Contract Tower Program, and for each ‘‘(a) IN GENERAL.—The program director des- lished pursuant to section 41744(a) in a way de- of such facilities the Federal share of construc- ignated by the Secretary of Transportation signed to— tion costs does not exceed $1,000,000.

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‘‘(c) REPORT.—One year before the pilot pro- Secretary may take into consideration the slots SEC. 607. SECRETARY SHALL GRANT EXEMPTIONS gram established under subsection (a) termi- already used by the applicant. TO PERIMETER RULE. nates, the Administrator shall report to the Con- ‘‘(3) CONDITIONS.—The Secretary may grant (a) IN GENERAL.—Section 41714(d) is amended gress on the effectiveness of the program, with an exemption to an air carrier under paragraph by adding at the end thereof the following: particular emphasis on the safety and economic (1)— ‘‘(3) BEYOND-PERIMETER EXEMPTIONS.—The benefits provided to program participants and ‘‘(A) for a period of not less than 12 months; Secretary of Transportation shall by order grant the national air transportation system.’’. ‘‘(B) for a minimum of 2 daily roundtrip exemptions from the application of sections (b) CONFORMING AMENDMENT.—The chapter flights; and 49109 and 49111(e) to air carriers to operate lim- analysis for chapter 417 is amended by inserting ‘‘(C) for a maximum of 3 daily roundtrip ited frequencies and aircraft on select routes be- after the item relating to section 41742 the fol- flights. tween Ronald Reagan Washington National lowing: ‘‘(4) CHANGE OF NONHUB, SMALL HUB, OR ME- Airport and domestic hub airports of such car- ‘‘41743. Air service program for small commu- DIUM HUB AIRPORT; JET AIRCRAFT.—The Sec- riers and exemptions from the requirements of nities. retary may, upon application made by an air subparts K and S of part 93, Code of Federal ‘‘41744. Pilot program project authority. carrier operating under an exemption granted Regulations, if the Secretary finds that the ex- ‘‘41745. Assistance to communities for service. under paragraph (1)— emptions will— ‘‘41746. Additional authority. ‘‘(A) authorize the air carrier to upgrade its ‘‘(A) provide air transportation service with ‘‘41747. Air traffic control services pilot pro- service under the exemption to a larger jet air- domestic network benefits in areas beyond the gram.’’. craft; and perimeter described in that section; and ‘‘(B) authorize an air carrier operating under ‘‘(B) increase competition in multiple markets. (c) WAIVER OF LOCAL CONTRIBUTION.—Section such an exemption to change the nonhub air- ‘‘(4) WITHIN-PERIMETER EXEMPTIONS.—The 41736(b) is amended by inserting after para- port or small hub airport for which the exemp- Secretary of Transportation shall by order grant graph (4) the following: tion was granted to provide the same service to exemptions from the requirements of section ‘‘Paragraph (4) does not apply to any commu- a different airport that is smaller than a large 49111(e) and subparts K and S of part 93 of title nity approved for service under this section dur- hub airport (as defined in section 47134(d)(2)) 14, Code of Federal Regulations, to commuter ing the period beginning October 1, 1991, and if— air carriers for service to airports smaller than ending December 31, 1997.’’. ‘‘(i) the air carrier has been operating under large hub airports (as defined in section SEC. 604. AUTHORIZATION OF APPROPRIATIONS. the exemption for a period of not less than 12 47134(d)(2)) within the perimeter established for To carry out sections 41743 through 41746 of months; and civil aircraft operations at Ronald Reagan title 49, United States Code, for the 4 fiscal year ‘‘(ii) the air carrier can demonstrate Washington National Airport. The Secretary period beginning with fiscal year 1999, there are unmitigatable losses. shall develop criteria for distributing slots for authorized to be appropriated to the Secretary ‘‘(5) FOREFEITURE FOR MISUSE.—Any exemp- flights within the perimeter to airports other of Transportation not more than $10,000,000. To tion granted under paragraph (1) shall be termi- than large hubs under this paragraph in a man- carry out such sections for the 4 fiscal year pe- nated immediately by the Secretary if the air ner consistent with the promotion of air trans- riod beginning with fiscal year 1999, not more carrier to which it was granted uses the slot for portation. than $20,000,000 shall be made available to the any purpose other than the purpose for which it ‘‘(5) LIMITATIONS.— Secretary for obligation and expenditure out of was granted or in violation of the conditions ‘‘(A) AIRCRAFT.—An exemption granted under the account established under section 45303(a) under which it was granted. paragraph (3) or (4) may not be granted with re- in addition to the amounts authorized to be ap- ‘‘(6) RESTORATION OF AIR SERVICE.—To the ex- spect to any aircraft that is not a Stage 3 air- propriated under the preceding sentence. tent that— craft (as defined by the Secretary). SEC. 605. MARKETING PRACTICES. ‘‘(A) slots were withdrawn from an air carrier ‘‘(B) NUMBER AND TYPE OF OPERATIONS.—The Section 41712 is amended by— under subsection (b) of this section; Secretary shall grant exemptions under para- (1) inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(B) the withdrawal of slots under that sub- graph (3) and (4) that— ‘‘On’’; and section resulted in a net loss of slots; and ‘‘(i) will result in 12 new daily air carrier slots (2) adding at the end thereof the following: ‘‘(C) the net loss of slots resulting from the at such airport for long-haul service beyond the ‘‘(b) MARKETING PRACTICES THAT ADVERSELY withdrawal had an adverse effect on service to perimeter; AFFECT SERVICE TO SMALL OR MEDIUM COMMU- nonhub airports and in other domestic markets, ‘‘(ii) will result in 12 new daily commuter slots NITIES.—Within 180 days after the date of enact- the Secretary shall give priority consideration to at such airport; and ment of the Wendell H. Ford National Air the request of any air carrier from which slots ‘‘(iii) will not result in new daily commuter Transportation System Improvement Act of 1998, were withdrawn under that section for an slots for service to any within-the-perimeter air- the Secretary shall review the marketing prac- equivalent number of slots at the airport where port that is not smaller than a large hub airport tices of air carriers that may inhibit the avail- the slots were withdrawn. (as defined in section 47134(d)(2)). ability of quality, affordable air transportation ‘‘(7) PRIORITY TO NEW ENTRANTS AND LIMITED ‘‘(C) HOURS OF OPERATION.—In granting ex- services to small and medium-sized communities, INCUMBENT CARRIERS.—In assigning slots under emptions under paragraphs (3) and (4), the Sec- including— this subsection the Secretary shall, in conjunc- retary shall distribute the 24 new daily slots ‘‘(1) marketing arrangements between airlines tion with paragraph (5), give priority consider- fairly evenly across the hours between 7:00 a.m. and travel agents; ation to an application from an air carrier that, and 9:59 p.m., so that— ‘‘(2) code-sharing partnerships; as of July 1, 1998, held fewer than 20 slots at the ‘‘(i) not more than 2 slots per hour shall be ‘‘(3) computer reservation system displays; high density airport for which it filed an exemp- added during 9 of the hours beginning during ‘‘(4) gate arrangements at airports; tion application.’’. that period; and ‘‘(5) exclusive dealing arrangments; and (b) DEFINITIONS.—Subsection (h) of section ‘‘(ii) 1 slot per hour shall be added during 6 of ‘‘(6) any other marketing practice that may 41714 is amended by— the hours beginning during that period. have the same effect. (1) by striking ‘‘The term’’ in paragraph (1) ‘‘(6) PROTECTION OF INCUMBENT CARRIERS.— ‘‘(c) REGULATIONS.—If the Secretary finds, and inserting ‘‘Except as provided in paragraph An exemption granted under paragraph (3) or after conducting the review required by sub- (5), the term’’; and (4) may not result in the withdrawal of a slot section (b), that marketing practices inhibit the (2) adding at the end thereof the following: from any incumbent air carrier at that airport. availability of such service to such communities, ‘‘(5) NONSTOP JET EXEMPTION DEFINITIONS.— ‘‘(7) REVIEW OF SAFETY, ENVIRONMENTAL, AND then, after public notice and an opportunity for Any term used in subsection (j) that is defined NOISE IMPACT.—The Secretary— comment, the Secretary shall promulgate regula- in section 41762 has the meaning given that term ‘‘(A) shall assess the impact of granting ex- tions that address the problem.’’. by section 41762.’’. emptions under paragraphs (3) and (4) on the SEC. 606. SLOT EXEMPTIONS FOR NONSTOP RE- (c) SLOT WITHDRAWAL NOT TO AFFECT environment (including noise levels) and safety GIONAL JET SERVICE. NONHUB SERVICE.—Section 41714, as amended by during the first 90 days after the date of enact- (a) IN GENERAL.—Section 41714 is amended by subsection (a), is amended by adding at the end ment of the Wendell H. Ford National Air adding at the end thereof the following: thereof the following: Transportation System Improvement Act of 1998; ‘‘(j) SLOTS FOR NONSTOP JET SERVICE EXEMP- ‘‘(k) SLOT WITHDRAWAL MAY NOT AFFECT and TION.— NONHUB SERVICE.—The Secretary may not with- ‘‘(B) may not grant an exemption under para- ‘‘(1) IN GENERAL.—Within 90 days after receiv- draw a slot from a United States air carrier graph (3) or (4) or issue the additional slots dur- ing an application for an exemption to provide under this section in order to provide a slot to ing that 90-day period unless the Secretary has nonstop regional jet air service between— a foreign air carrier for purposes of inter- conducted such an assessment.’’. ‘‘(A) an airport that is smaller than a large national air transportation unless the Secretary (b) REPORT.—Within 1 year after the date of hub airport (as defined in section 47134(d)(2)); finds that— enactment of this Act, and biannually there- and ‘‘(1) the withdrawal of that slot from the after, the Secretary shall certify to the United ‘‘(B) a high density airport subject to the ex- United States air carrier will not adversely af- States Senate Committee on Commerce, Science, emption authority under subsection (a), fect air service to nonhub airports; and and Transportation, the United States House of the Secretary shall grant or deny the exemption ‘‘(2) United States air carriers seeking slots for Representatives Committee on Transportation in accordance with established principles of purposes of international air transportation at and Infrastructure, and the Governments of safety and the promotion of competition. an airport in the home country of that foreign Maryland and Virginia that noise standards, ‘‘(2) EXISTING SLOTS TAKEN INTO ACCOUNT.—In air carrier receive reciprocal treatment by the air traffic congestion, airport-related vehicular deciding to grant or deny the exemption, the government of that country.’’. congestion, safety standards, and adequate air

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10809 service to communities served by small hub air- riod referred to in subsection (b), the Secretary shall conduct a study of the effectiveness of the ports and medium hub airports within the pe- shall publish in the Federal Register the reasons national air transportation system and its abil- rimeter described in section 49109 of title 49, of the Secretary for making the extension. ity to meet the air transportation needs of the United States Code, have been maintained at ‘‘(d) TERMINATION OF WAITING PERIOD.—At United States over the next 15 years. The study appropriate levels. any time after the date of submission of a joint shall include airports located in remote commu- SEC. 608. ADDITIONAL SLOTS AT CHICAGO’S venture agreement under subsection (b), the Sec- nities and reliever airports, and shall assess the O’HARE AIRPORT. retary may terminate the waiting periods re- effectiveness of the system by reference to cri- (a) IN GENERAL.—The Secretary of Transpor- ferred to in subsections (b) and (c) with respect teria that include whether, under the system, tation may grant 100 additional slots under sec- to the agreement. each resident of the United States is within a 1- tion 41714 of title 49, United States Code, over a ‘‘(e) REGULATIONS.—The effectiveness of a hour drive on primary roads of an airport that 3-year period to air carriers to operate limited joint venture agreement may not be delayed due has at least one runway of at least 5,500 feet in frequencies and aircraft on select routes be- to any failure of the Secretary to issue regula- length at sea-level, or the equivalent altitude- tween O’Hare Airport in Chicago, Illinois, and tions to carry out this subsection. adjusted length. ‘‘(f) MEMORANDUM TO PREVENT DUPLICATIVE other airports if the Secretary— REVIEWS.—Promptly after the date of enactment TITLE VII—NATIONAL PARKS (1) first converts unused military slots at that of this section, the Secretary shall consult with OVERFLIGHTS airport to air carrier slots; the Assistant Attorney General of the Antitrust SEC. 701. FINDINGS. (2) before granting the additional slots, finds Division of the Department of Justice in order to The Congress finds that— that the additional capacity— (1) the Federal Aviation Administration has (A) is available; and establish, through a written memorandum of sole authority to control airspace over the (B) can be used safely; understanding, preclearance procedures to pre- United States; (3) before granting the additional slots, con- vent unnecessary duplication of effort by the (2) the Federal Aviation Administration has ducts an environmental review; and Secretary and the Assistant Attorney General the authority to preserve, protect, and enhance (4) limits the use of the additional slots to under this section and the United States anti- the environment by minimizing, mitigating, or Stage 3 aircraft (as defined by the Secretary). trust laws, respectively. ‘‘(g) PRIOR AGREEMENTS.—With respect to a preventing the adverse effects of aircraft over- (b) CERTAIN TITLE 49 DEFINITIONS APPLY.— Any term used in this section that is defined in joint venture agreement entered into before the flights on the public and tribal lands; (3) the National Park Service has the respon- chapter 417 of title 49, United States Code, has date of enactment of this section as to which the sibility of conserving the scenery and natural the meaning given that term in that chapter. Secretary finds that— ‘‘(1) the parties have submitted the agreement and historic objects and wildlife in national SEC. 609. CONSUMER NOTIFICATION OF E-TICKET to the Secretary before such date of enactment; parks and of providing for the enjoyment of the EXPIRATION DATES. and national parks in ways that leave the national Section 41712, as amended by section 605 of ‘‘(2) the parties have submitted any informa- parks unimpaired for future generations; this Act, is amended by adding at the end there- tion on the agreement requested by the Sec- (4) the protection of tribal lands from aircraft of the following: retary, overflights is consistent with protecting the pub- ‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall the waiting period described in paragraphs (2) lic health and welfare and is essential to the be an unfair or deceptive practice under sub- and (3) shall begin on the date, as determined maintenance of the natural and cultural re- section (a) for any air carrier utilizing electroni- by the Secretary, on which all such information sources of Indian tribes; cally transmitted tickets to fail to notify the was submitted and end on the last day to which (5) the National Parks Overflights Working purchaser of such a ticket of its expiration date, the period could be extended under this section. Group, composed of general aviation, air tour, if any.’’. ‘‘(h) LIMITATION ON STATUTORY CONSTRUC- environmental, and Native American represent- SEC. 610. JOINT VENTURE AGREEMENTS. TION.—The authority granted to the Secretary atives, recommended that the Congress enact (a) IN GENERAL.—Subchapter I of chapter 417 under this subsection shall not in any way limit legislation based on its consensus work product; is amended by adding at the end the following: the authority of the Attorney General to enforce and ‘‘§ 41716. Joint venture agreements the antitrust laws as defined in the first section (6) this title reflects the recommendations ‘‘(a) DEFINITIONS.—In this section— of the Clayton Act (15 U.S.C. 12).’’. made by that Group. ‘‘(1) JOINT VENTURE AGREEMENT.—The term (b) CONFORMING AMENDMENT.—The analysis SEC. 702. AIR TOUR MANAGEMENT PLANS FOR ‘joint venture agreement’ means an agreement for subchapter I of such chapter is amended by NATIONAL PARKS. entered into by a major air carrier on or after adding at the end the following: (a) IN GENERAL.—Chapter 401, as amended by January 1, 1998, with regard to (A) code-shar- ‘‘41716. Joint venture agreements.’’. section 301 of this Act, is amended by adding at ing, blocked-space arrangements, long-term wet SEC. 611. REGIONAL AIR SERVICE INCENTIVE OP- the end the following: leases (as defined in section 207.1 of title 14, TIONS. ‘‘§ 40126. Overflights of national parks URPOSE Code of Federal Regulations) of a substantial (a) P .—The purpose of this section is ‘‘(a) IN GENERAL.— number (as defined by the Secretary by regula- to provide the Congress with an analysis of ‘‘(1) GENERAL REQUIREMENTS.—A commercial tion) of aircraft, or frequent flyer programs, or means to improve service by jet aircraft to un- air tour operator may not conduct commercial (B) any other cooperative working arrangement derserved markets by authorizing a review of air tour operations over a national park or trib- (as defined by the Secretary by regulation) be- different programs of Federal financial assist- al lands except— tween 2 or more major air carriers that affects ance, including loan guarantees like those that ‘‘(A) in accordance with this section; more than 15 percent of the total number of would have been provided for by section 2 of S. ‘‘(B) in accordance with conditions and limi- available seat miles offered by the major air car- 1353, 105th Congress, as introduced, to commuter tations prescribed for that operator by the Ad- riers. air carriers that would purchase regional jet ministrator; and ‘‘(2) MAJOR AIR CARRIER.—The term ‘major air aircraft for use in serving those markets. ‘‘(C) in accordance with any effective air tour carrier’ means a passenger air carrier that is (b) STUDY.—The Secretary of Transportation management plan for that park or those tribal certificated under chapter 411 of this title and shall study the efficacy of a program of Federal lands. included in Carrier Group III under criteria loan guarantees for the purchase of regional jets ‘‘(2) APPLICATION FOR OPERATING AUTHOR- contained in section 04 of part 241 of title 14, by commuter air carriers. The Secretary shall in- ITY.— Code of Federal Regulations. clude in the study a review of options for fund- ‘‘(A) APPLICATION REQUIRED.—Before com- ‘‘(b) SUBMISSION OF JOINT VENTURE AGREE- ing, including alternatives to Federal funding. mencing commercial air tour operations over a MENT.—At least 30 days before a joint venture In the study, the Secretary shall analyze— national park or tribal lands, a commercial air agreement may take effect, each of the major air (1) the need for such a program; tour operator shall apply to the Administrator (2) its potential benefit to small communities; for authority to conduct the operations over carriers that entered into the agreement shall (3) the trade implications of such a program; submit to the Secretary— (4) market implications of such a program for that park or those tribal lands. ‘‘(B) COMPETITIVE BIDDING FOR LIMITED CA- ‘‘(1) a complete copy of the joint venture the sale of regional jets; agreement and all related agreements; and (5) the types of markets that would benefit the PACITY PARKS.—Whenever a commercial air tour ‘‘(2) other information and documentary ma- most from such a program; management plan limits the number of commer- terial that the Secretary may require by regula- (6) the competititve implications of such a pro- cial air tour flights over a national park area tion. gram; and during a specified time frame, the Adminis- ‘‘(c) EXTENSION OF WAITING PERIOD.— (7) the cost of such a program. trator, in cooperation with the Director, shall ‘‘(1) IN GENERAL.—The Secretary may extend (c) REPORT.—The Secretary shall submit a re- authorize commercial air tour operators to pro- the 30-day period referred to in subsection (b) port of the results of the study to the Senate vide such service. The authorization shall speci- until— Committee on Commerce, Science, and Transpor- fy such terms and conditions as the Adminis- ‘‘(A) in the case of a joint venture agreement tation and the House of Representatives Com- trator and the Director find necessary for man- with regard to code-sharing, the 150th day fol- mittee on Transportation and Infrastructure not agement of commercial air tour operations over lowing the last day of such period; and later than 24 months after the date of enactment the national park. The Administrator, in co- ‘‘(B) in the case of any other joint venture of this Act. operation with the Director, shall develop an agreement, the 60th day following the last day SEC. 612. GAO STUDY OF RURAL AIR TRANSPOR- open competitive process for evaluating pro- of such period. TATION NEEDS. posals from persons interested in providing com- ‘‘(2) PUBLICATION OF REASONS FOR EXTEN- The General Accounting Office, in conjunc- mercial air tour services over the national park. SION.—If the Secretary extends the 30-day pe- tion with the Federal Aviation Administration, In

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10810 CONGRESSIONAL RECORD — SENATE September 23, 1998 making a selection from among various pro- cultural resources and visitor experiences and such tours within the 36-month period prior to posals submitted, the Administrator, in coopera- tribal lands. such date of enactment, and, for seasonal oper- tion with the Director, shall consider relevant ‘‘(2) ENVIRONMENTAL DETERMINATION.—In es- ations, the number of flights so used during the factors, including— tablishing an air tour management plan under season or seasons covered by that 12-month pe- ‘‘(i) the safety record of the company or pilots; this subsection, the Administrator and the Di- riod; ‘‘(ii) any quiet aircraft technology proposed rector shall each sign the environmental deci- ‘‘(B) may not provide for an increase in the for use; sion document required by section 102 of the Na- number of operations conducted during any ‘‘(iii) the experience in commercial air tour op- tional Environmental Policy Act of 1969 (42 time period by the commercial air tour operator erations over other national parks or scenic U.S.C. 4332) which may include a finding of no to which it is granted unless the increase is areas; significant impact, an environmental assess- agreed to by the Administrator and the Director; ‘‘(iv) the financial capability of the company; ment, or an environmental impact statement, ‘‘(C) shall be published in the Federal Register ‘‘(v) any training programs for pilots; and and the Record of Decision for the air tour man- to provide notice and opportunity for comment; ‘‘(vi) responsiveness to any criteria developed agement plan. ‘‘(D) may be revoked by the Administrator for by the National Park Service or the affected na- ‘‘(3) CONTENTS.—An air tour management cause; tional park. plan for a national park— ‘‘(E) shall terminate 180 days after the date on ‘‘(C) NUMBER OF OPERATIONS AUTHORIZED.— ‘‘(A) may prohibit commercial air tour oper- which an air tour management plan is estab- In determining the number of authorizations to ations in whole or in part; lished for that park or those tribal lands; and issue to provide commercial air tour service over ‘‘(B) may establish conditions for the conduct ‘‘(F) shall— a national park, the Administrator, in coopera- of commercial air tour operations, including ‘‘(i) promote protection of national park re- tion with the Director, shall take into consider- commercial air tour routes, maximum or min- sources, visitor experiences, and tribal lands; ation the provisions of the air tour management imum altitudes, time-of-day restrictions, restric- ‘‘(ii) promote safe operations of the commer- plan, the number of existing commercial air tour tions for particular events, maximum number of cial air tour; operators and current level of service and equip- flights per unit of time, intrusions on privacy on ‘‘(iii) promote the adoption of quiet tech- ment provided by any such companies, and the tribal lands, and mitigation of noise, visual, or nology, as appropriate; and financial viability of each commercial air tour other impacts; ‘‘(iv) allow for modifications of the operation operation. ‘‘(C) shall apply to all commercial air tours based on experience if the modification improves ‘‘(D) COOPERATION WITH NPS.—Before grant- within 1⁄2 mile outside the boundary of a na- protection of national park resources and values ing an application under this paragraph, the tional park; and of tribal lands. Administrator shall, in cooperation with the Di- ‘‘(D) shall include incentives (such as pre- ‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.— rector, develop an air tour management plan in ferred commercial air tour routes and altitudes, ‘‘(A) IN GENERAL.—The Administrator, in co- accordance with subsection (b) and implement relief from caps and curfews) for the adoption of operation with the Director, may grant interim such plan. quiet aircraft technology by commercial air tour operating authority under this paragraph to an ‘‘(E) TIME LIMIT ON RESPONSE TO ATMP AP- operators conducting commercial air tour oper- air tour operator for a national park for which PLICATIONS.—The Administrator shall act on ations at the park; that operator is a new entrant air tour operator any such application and issue a decision on ‘‘(E) shall provide for the initial allocation of if the Administrator determines the authority is the application not later than 24 months after it opportunities to conduct commercial air tours if necessary to ensure competition in the provision is received or amended. the plan includes a limitation on the number of of commercial air tours over that national park ‘‘(3) EXCEPTION.—Notwithstanding paragraph commercial air tour flights for any time period; or those tribal lands. (1), commercial air tour operators may conduct and ‘‘(B) SAFETY LIMITATION.—The Administrator commercial air tour operations over a national ‘‘(F) shall justify and document the need for may not grant interim operating authority park under part 91 of the Federal Aviation Reg- measures taken pursuant to subparagraphs (A) under subparagraph (A) if the Administrator de- ulations (14 CFR 91.1 et seq.) if— through (E). termines that it would create a safety problem at ‘‘(A) such activity is permitted under part 119 ‘‘(4) PROCEDURE.—In establishing a commer- that park or on tribal lands, or the Director de- (14 CFR 119.1(e)(2)); cial air tour management plan for a national termines that it would create a noise problem at ‘‘(B) the operator secures a letter of agreement park, the Administrator and the Director shall— that park or on tribal lands. ‘‘(A) initiate at least one public meeting with from the Administrator and the national park ‘‘(C) ATMP LIMITATION.—The Administrator superintendent for that national park describing interested parties to develop a commercial air may grant interim operating authority under the conditions under which the flight operations tour management plan for the park; subparagraph (A) of this paragraph only if the ‘‘(B) publish the proposed plan in the Federal will be conducted; and air tour management plan for the park or tribal Register for notice and comment and make cop- ‘‘(C) the total number of operations under this lands to which the application relates has not exception is limited to not more than 5 flights in ies of the proposed plan available to the public; ‘‘(C) comply with the regulations set forth in been developed within 24 months after the date any 30-day period over a particular park. sections 1501.3 and 1501.5 through 1501.8 of title of enactment of the Wendell H. Ford National ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE- 40, Code of Federal Regulations (for purposes of Air Transportation System Improvement Act of MENTS.—Notwithstanding subsection (c), an ex- complying with those regulations, the Federal 1998. isting commercial air tour operator shall, not ‘‘(d) DEFINITIONS.—In this section, the fol- Aviation Administration is the lead agency and later than 90 days after the date of enactment of lowing definitions apply: the National Park Service is a cooperating agen- the Wendell H. Ford National Air Transpor- ‘‘(1) COMMERCIAL AIR TOUR.—The term ‘com- cy); and tation System Improvement Act of 1998, apply ‘‘(D) solicit the participation of any Indian mercial air tour’ means any flight conducted for for operating authority under part 119, 121, or tribe whose tribal lands are, or may be, compensation or hire in a powered aircraft 135 of the Federal Aviation Regulations (14 CFR overflown by aircraft involved in commercial air where a purpose of the flight is sightseeing. If Pt. 119, 121, or 135). A new entrant commercial tour operations over a national park or tribal the operator of a flight asserts that the flight is air tour operator shall apply for such authority lands, as a cooperating agency under the regu- not a commercial air tour, factors that can be before conducting commercial air tour oper- lations referred to in paragraph (4)(C). considered by the Administrator in making a de- ations over a national park or tribal lands. ‘‘(5) AMENDMENTS.—Any amendment of an air termination of whether the flight is a commer- ‘‘(b) AIR TOUR MANAGEMENT PLANS.— tour management plan shall be published in the cial air tour, include, but are not limited to— ‘‘(1) ESTABLISHMENT OF ATMPS.— Federal Register for notice and comment. A re- ‘‘(A) whether there was a holding out to the ‘‘(A) IN GENERAL.—The Administrator shall, quest for amendment of an air tour management public of willingness to conduct a sightseeing in cooperation with the Director, establish an plan shall be made in such form and manner as flight for compensation or hire; air tour management plan for any national park the Administrator may prescribe. ‘‘(B) whether a narrative was provided that or tribal land for which such a plan is not al- ‘‘(c) INTERIM OPERATING AUTHORITY.— referred to areas or points of interest on the sur- ready in effect whenever a person applies for ‘‘(1) IN GENERAL.—Upon application for oper- face; authority to operate a commercial air tour over ating authority, the Administrator shall grant ‘‘(C) the area of operation; the park. The development of the air tour man- interim operating authority under this para- ‘‘(D) the frequency of flights; agement plan is to be a cooperative undertaking graph to a commercial air tour operator for a ‘‘(E) the route of flight; between the Federal Aviation Administration national park or tribal lands for which the oper- ‘‘(F) the inclusion of sightseeing flights as and the National Park Service. The air tour ator is an existing commercial air tour operator. part of any travel arrangement package; or management plan shall be developed by means ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In- ‘‘(G) whether the flight or flights in question of a public process, and the agencies shall de- terim operating authority granted under this would or would not have been canceled based velop information and analysis that explains subsection— on poor visibility of the surface. the conclusions that the agencies make in the ‘‘(A) shall provide annual authorization only ‘‘(2) COMMERCIAL AIR TOUR OPERATOR.—The application of the respective criteria. Such ex- for the greater of— term ‘commercial air tour operator’ means any planations shall be included in the Record of ‘‘(i) the number of flights used by the operator person who conducts a commercial air tour. Decision and may be subject to judicial review. to provide such tours within the 12-month pe- ‘‘(3) EXISTING COMMERCIAL AIR TOUR OPER- ‘‘(B) OBJECTIVE.—The objective of any air riod prior to the date of enactment of the Wen- ATOR.—The term ‘existing commercial air tour tour management plan shall be to develop ac- dell H. Ford National Air Transportation Sys- operator’ means a commercial air tour operator ceptable and effective measures to mitigate or tem Improvement Act of 1998; or that was actively engaged in the business of prevent the significant adverse impacts, if any, ‘‘(ii) the average number of flights per 12- providing commercial air tours over a national of commercial air tours upon the natural and month period used by the operator to provide park at any time during the 12-month period

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10811 ending on the date of enactment of the Wendell resentative of the National Park Service shall leagues to call in within the next half H. Ford National Air Transportation System Im- serve alternating 1-year terms as chairman of hour or come over with any amend- provement Act of 1998. the advisory group, with the representative of ments they may have to this bill so ‘‘(4) NEW ENTRANT COMMERCIAL AIR TOUR OP- the Federal Aviation Administration serving ini- that we can get a unanimous consent ERATOR.—The term ‘new entrant commercial air tially until the end of the calendar year fol- tour operator’ means a commercial air tour oper- lowing the year in which the advisory group is agreement narrowed down on the ator that— first appointed. amendments to the bill. ‘‘(A) applies for operating authority as a com- (c) DUTIES.—The advisory group shall provide The amendments that I now under- mercial air tour operator for a national park; advice, information, and recommendations to stand would be pending are: McCain- and the Administrator and the Director— Ford amendment, which is a managers’ ‘‘(B) has not engaged in the business of pro- (1) on the implementation of this title; amendment, which is 10 minutes equal- viding commercial air tours over that national (2) on the designation of commonly accepted ly divided; a McCain amendment, park or those tribal lands in the 12-month pe- quiet aircraft technology for use in commercial which is relevant, 5 minutes equally di- riod preceding the application. air tours of national parks or tribal lands, vided; a Hollings amendment, relevant, ‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.—The which will receive preferential treatment in a 5 minutes equally divided; a Gorton, term ‘commercial air tour operations’ means given air tour management plan; commercial air tour flight operations con- (3) on other measures that might be taken to relevant amendment, 5 minutes equally ducted— accommodate the interests of visitors to national divided; a Ford amendment, relevant, 5 ‘‘(A) over a national park or within 1⁄2 mile parks; and minutes equally divided; a Bingaman outside the boundary of any national park; (4) on such other national park or tribal amendment, overflights, bolster Native ‘‘(B) below a minimum altitude, determined by lands-related safety, environmental, and air Americans’ role, 30 minutes equally di- the Administrator in cooperation with the Direc- touring issues as the Administrator and the Di- vided; DeWine sense of Senate, 10 min- tor, above ground level (except solely for pur- rector may request. utes equally divided; Dorgan, regional poses of takeoff or landing, or necessary for safe (d) COMPENSATION; SUPPORT; FACA.— jet tax incentives, 2 hours equally di- operation of an aircraft as determined under the (1) COMPENSATION AND TRAVEL.—Members of rules and regulations of the Federal Aviation the advisory group who are not officers or em- vided; Dorgan, mandatory interline and Administration requiring the pilot-in-command ployees of the United States, while attending joint fair agreements, 2 hours equally to take action to ensure the safe operation of conferences or meetings of the group or other- divided; Faircloth, sense of the Senate, the aircraft); and wise engaged in its business, or while serving 5 minutes equally divided; Inhofe, FAA ‘‘(C) less than 1 mile laterally from any geo- away from their homes or regular places of busi- emergency revocation power, 10 min- graphic feature within the park (unless more ness, each member may be allowed travel ex- utes equally divided; Mikulski-Sar- than 1⁄2 mile outside the boundary). penses, including per diem in lieu of subsistence, banes—two amendments—Reagan Na- ‘‘(6) NATIONAL PARK.—The term ‘national as authorized by section 5703 of title 5, United tional Airport, slots and perimeter park’ means any unit of the National Park Sys- States Code, for persons in the Government serv- tem. ice employed intermittently. rule, 30 minutes equally divided; Roth, ‘‘(7) TRIBAL LANDS.—The term ‘tribal lands’ (2) ADMINISTRATIVE SUPPORT.—The Federal reintroduce title VIII to the bill, 5 min- means ‘Indian country’, as defined by section Aviation Administration and the National Park utes equally divided; Thompson, crimi- 1151 of title 18, United States Code, that is with- Service shall jointly furnish to the advisory nal penalties for airmen who fly with- in or abutting a national park. group clerical and other assistance. out a certificate, 10 minutes equally di- ‘‘(8) ADMINISTRATOR.—The term ‘Adminis- (3) NONAPPLICATION OF FACA.—Section 14 of vided; Torricelli, Quiet Communities trator’ means the Administrator of the Federal the Federal Advisory Committee Act (5 U.S.C. Act, S. 951, 1 hour equally divided; Aviation Administration. App.) does not apply to the advisory group. D’Amato-Moynihan, DOT issue 70 slot ‘‘(9) DIRECTOR.—The term ‘Director’ means (e) REPORT.—The Administrator and the Di- the Director of the National Park Service.’’. rector shall jointly report to the Congress within exemptions at JFK Airport, 10 minutes (b) EXEMPTIONS.— 24 months after the date of enactment of this equally divided; Lott-Frist-Moynihan, (1) GRAND CANYON.—Section 40125 of title 49, Act on the success of this title in providing in- limit eligible airport size for regional United States Code, as added by subsection (a), centives for quiet aircraft technology. jet section and Reagan National com- does not apply to— SEC. 704. OVERFLIGHT FEE REPORT. muter slots, 10 minutes equally di- (A) the Grand Canyon National Park; or Not later than 180 days after the date of en- vided; Reed of Rhode Island, noise at (B) Indian country within or abutting the actment of this Act, the Administrator of the Rhode Island airport, 15 minutes equal- Grand Canyon National Park. Federal Aviation Administration shall transmit (2) ALASKA.—The provisions of this title and ly divided; Reed of Rhode Island, cost- to Congress a report on the effects proposed section 40125 of title 49, United States Code, as sharing notice, 15 minutes equally di- overflight fees are likely to have on the commer- added by subsection (a), do not apply to any vided; Robb, Reagan National Airport, cial air tour industry. The report shall include, land or waters located in Alaska. but shall not be limited to— slots and perimeter rule, 1 hour equally (c) CLERICAL AMENDMENT.—The table of sec- (1) the viability of a tax credit for the commer- divided; Snowe, handicapped access tions for chapter 401 is amended by adding at cial air tour operators equal to the amount of violations, increase civil penalty, 10 the end thereof the following: the proposed fee charged by the National Park minutes equally divided; Snowe, com- ‘‘40126. Overflights of national parks.’’. Service; and munity air service grants, regional dis- SEC. 703. ADVISORY GROUP. (2) the financial effects proposed offsets are tribution, 10 minutes equally divided; (a) ESTABLISHMENT.—Not later than 1 year likely to have on Federal Aviation Administra- Warner, prohibit new Reagan National after the date of enactment of this Act, the Ad- tion budgets and appropriations. slots and perimeter rule exemptions ministrator of the Federal Aviation Administra- TITLE VIII—AVIATION TRUST FUND until Washington Metropolitan Airport tion and the Director of the National Park Serv- AMENDMENTS ice shall jointly establish an advisory group to Authority nominees confirmed by the provide continuing advice and counsel with re- SEC. 801. AMENDMENTS TO THE AIRPORT AND Senate, 1 hour equally divided; Warner, AIRWAY TRUST FUND. spect to the operation of commercial air tours notice, comment, and hearings before Section 9502(d)(1) of the Internal Revenue over and near national parks. Code of 1986 (relating to expenditures from Air- proceeding with Reagan National slots (b) MEMBERSHIP.— port and Airway Trust Fund) is amended— and perimeter rule exemptions. (1) IN GENERAL.—The advisory group shall be (1) by striking ‘‘1998,’’ and inserting ‘‘2002,’’; If there are additional amendments composed of— and to the bill, I would urge my colleagues (A) a balanced group of — (2) by striking ‘‘1996;’’ in subparagraph (A) to send them over so that sometime (i) representatives of general aviation; and inserting ‘‘1996, or the Wendell H. Ford Na- (ii) representatives of commercial air tour op- within the next hour we could try to tional Air Transportation System Improvement erators; initially propose a unanimous consent Act of 1998;’’. (iii) representatives of environmental con- agreement at least to narrow down the cerns; and Mr. MCCAIN addressed the Chair. list of amendments. (iv) representatives of Indian tribes; The PRESIDING OFFICER. The Sen- Madam President, I want to make (B) a representative of the Federal Aviation ator from Arizona is recognized. clear to my colleagues the importance Administration; and Mr. MCCAIN. Madam President, since of this legislation and why we need to (C) a representative of the National Park Senator FORD is not here yet, I will not resolve it as quickly as we possibly Service. ask for a unanimous consent agree- can. Today is the 23rd of September, (2) EX-OFFICIO MEMBERS.—The Administrator and the Director shall serve as ex-officio mem- ment because I believe he would object 1998. If we do not get a bill into con- bers. at this time. But what I do want to do ference and back and passed by the 1st (3) CHAIRPERSON.—The representative of the is go over the pending amendments, as of October, at least $2 billion worth of Federal Aviation Administration and the rep- I know what they are, and urge my col- moneys out of the airport trust fund/

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10812 CONGRESSIONAL RECORD — SENATE September 23, 1998 aviation trust fund will not be allowed sions have helped secure our airlines Chicago’s O’Hare Airport. Due to con- to move forward, and also there are and airports, the legislation before us cerns raised by some Senators, how- many letters of intent that entail hun- builds upon the security foundation we ever, I have worked on a compromise dreds of millions more. established 2 years ago. regarding additional flights at O’Hare. Madam President, we all know how Madam President, S. 2279 legislation Under the agreement which is included important aviation is to America. We also includes several provisions to en- in the managers amendment we are of- all know how important it is for us to hance competition in the airline indus- fering today, the Secretary of Trans- move forward with the ever growing air try. On October 29, 1997, I introduced portation would be directed to allocate traffic in the United States of America. the Aviation Competition Enhance- 30 new daily take-off and landing slots Madam President, I rise in support of ment Act of 1997, S. 1331. The purpose over the next three years. Specifically, S. 2279, the Wendell H. Ford National of this bill was to further deregulate eighteen slots would provide service to Air Transportation System Improve- our domestic aviation system for the under-served communities, and twelve ment Act of 1998. Today, I will be offer- the benefit of travelers and commu- slots would be available for general dis- ing a manager’s amendment to the bill nities, by promoting more convenient tribution. as reported by the Commerce Com- options and competitive air fares for I would now like to address those mittee on July 14, 1998. This bill, as travelers. According to the General Ac- members of the Senate who have con- modified by the manager’s amendment, counting Office report of October 1996, cerns about the possible increase in has the support of Committee Ranking several factors have limited entry at noise at O’Hare and Reagan National Member Senator HOLLINGS, Aviation many airports. These factors include due to the increase in slots. The air- Subcommittee Chairman GORTON, the dominance of routes to and from craft that operate in these new slots Aviation Subcommittee Ranking Mem- the four slot controlled airports by one would be required to operated Stage 3 ber Senator FORD, and myself. As I in- or two established airlines. In April aircraft only. Stage 3 aircraft is the dicated on the floor last week, this is a 1996, the Department of Transportation quietest technology available today. ‘‘must-pass’’ piece of legislation which conducted a study that estimated that The entire domestic fleet is in the includes critical aviation projects such almost 40 percent of domestic pas- process of converting from Stage 2 air- as safety, security, capacity and noise sengers traveled in markets with low craft to the significantly quieter Stage projects at airports across the Nation. fare competition, saving consumers an 3 aircraft. Currently, the fleet is 75 per- Madam President, if the Congress estimated $6.3 billion annually in air- cent Stage 3. By 2000, thanks to legisla- does not pass legislation to reauthorize line fares. tion previously passed, it must become the programs of the Federal Aviation Due to the interest of other Senators 100 percent Stage 3. Once the fleet be- Administration (FAA), the FAA will be to increase competition in the airline comes 100 percent Stage 3, the noise prohibited from issuing grants to air- industry, I worked with Senators FRIST impact on areas surrounding airports ports in every state, regardless of and LOTT on a substitute to Senator will drop significantly. whether the transportation appropria- FRIST’S competition legislation, S. At Reagan National, the FAA has al- tions bill is signed into law. Therefore, 1353, which the Commerce Committee ready stated that the phaseout of we must act to reauthorize the pro- also reported out of Committee on July Stage 2 aircraft will have a significant grams of the FAA before we leave this 14, 1998. These provisions are also in- impact on noise at the airport. There- year. cluded in the bill that is now before us. fore, adding a few more flights of quiet- I would like to highlight three areas The competition provisions—and I er Stage 3 aircraft certainly should not of importance which this bill addresses. would like to again give great credit to cause noise levels to approach what First and foremost, it reauthorizes the Senators FRIST and LOTT—have three they are today. FAA and Airport Improvement Pro- main elements. First, they would pro- At O’Hare, before granting any of the gram, AIP. Second, the bill contains vide slot exemptions for nonstop re- exemptions, the Secretary is to study essential provisions to promote a com- gional jets to fly to and from so-called and report on the environmental con- petitive aviation industry. Last but underserved communities and the four siderations that are associated with not least, it will protect the environ- slot-controlled airports—Reagan Na- the flights that would utilize the addi- ment in our national parks from the tional, O’Hare, LaGuardia, and JFK— tional exemptions, including deter- harmful effects of excessive commer- would create 12 new round-trip flights mining that there is no significant in- cial air tour overflights. I have worked at Ronald Reagan Washington National crease in noise. I want to repeat: in- long and hard on all of these issues. Airport, and provide limited exemp- cluding the Secretary must determine And many of these long and hard times tions to the perimeter rule at Reagan that there is no significant increase in have been spent with Senator FORD, National and finally, would add addi- noise. The Secretary must certify that the Senator from Kentucky. tional slots at Chicago O’Hare. I will sufficient capacity is available at This bill provides a two-year author- comment on each of these provisions. O’Hare to accommodate the additional ization for most programs of the FAA The slot exemptions for nonstop re- flights, and that the exemptions can be including FAA Operations, Facilities gional jets must be approved by the used safely. and Equipment, and AIP, the Airport Secretary of Transportation for service Prior to issuing any of the slot ex- Improvement Plan. Research, Engi- between a nonhub airport and a small emptions, the Secretary is to provide neering and Development (RE&D) pro- hub airport and the high density air- 30-days public notice in the Federal grams have already been authorized for ports which are O’Hare, LaGuardia, Register. Furthermore, the Secretary FY 1999 by separate legislation that and JFK. is to consult with local officials on the was signed into law on February 11, At Reagan National, the legislation noise and environmental issues sur- 1998. S. 2279 authorizes the AIP at $2.4 would create 6 new daily round-trip rounding granting of the exemptions. billion for Fiscal Year 1999. flights beyond the 1,250-mile perimeter, At the end of three years, the Sec- The legislation also includes funding a federally imposed restriction, and 6 retary will again study and report on for aviation security. Two years ago, new daily round-trip flights to under- how safety, the environment, noise, ac- the Congress passed the 1996 FAA reau- served markets within the perimeter. cess to underserved markets through- thorization bill which contained nu- Carriers can only use Stage 3 aircraft out the country, and competition at merous provisions designed to improve that meet strict noise requirements in Chicago O’Hare have been impacted by security at our nation’s airlines and the new slots. The new service will re- the new exemptions. airports. These provisions included ac- sult in only one or two new flights per Meanwhile, the revised bill will di- celerating deployment of the latest ex- hour at the airport. rect the Secretary to study and report plosive detection systems; enhancing At Chicago O’Hare, the legislation as on the community noise levels in the passenger screening processes; requir- reported by the Commerce Committee areas surrounding the four high den- ing criminal history record checks on would provide discretionary authority sity airports O’Hare, Reagan National, screeners; and requiring regular joint to the Secretary of Transportation to LaGuardia and JFK, once the national threat assessments and testing baggage convert up to 100 unused military slots 100-percent State 3 requirement comes match procedures. While these provi- to air-carrier slots over three years at into effect in 2000. Among other things,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10813 the report is to compare community issue is particularly troublesome be- lion per year. It is so important, as the noise levels since enactment of the cause it involves taking advantage of chairman has said, that we work hard Stage 3 aircraft fleet requirements in an industry the FAA is responsible for and quickly on this bill so that we the 1990 Airport Noise and Capacity regulating. Therefore, I urged the FAA might pass it prior to adjournment. I Act. The report will also offer sugges- to take every action to stop the abuse would hate to see this piece of legisla- tions on improving the noise impact of of these programs and establish guide- tion caught up in a continuing resolu- these airports. lines for their proper use. tion that would generally turn into a In summary, Madam President, this It is my understanding that the FAA, ‘‘Christmas tree.’’ legislation represents over a year’s working with the DOT–IG, has set forth So, Madam President, before us work by the Commerce Committee and a plan to take decisive action to pre- today is S. 2279, a bill that my good the Aviation Subcommittee. I cannot vent further abuse of familiarization friend, Senator TED STEVENS, and this overemphasize the need to move quick- programs. I hope that changes are im- committee named after me. I hope hav- ly on this bill. As the end of the second plemented immediately. I will continue ing that name on it won’t prevent it session of the 105th Congress comes to to follow this issue very closely. from moving expeditiously. It is an an end, we cannot run the risk of the Madam President, my message to the honor to have a piece of legislation bill getting caught up in unrelated, po- FAA is we should not have to pass a named after a Member, and I thank the litically-charged issues. This bill will law in order to prevent the abuse of a Senator from Alaska for his friendship have to be conferenced with the House, relatively important training program. and his kindness. and we need to take the time to move Clean up your act and restore the Con- As many of my colleagues know, this through the appropriate process. gress’ and the American people’s con- bill is a ‘‘must’’ pass bill. Without it, Before I conclude my remarks, I fidence in this program or we will have the FAA and our nation’s airports can would like to comment on an impor- to act. Sometimes when we act legisla- not continue to build to meet future tant issue that is not being addressed tively there are unintended con- needs. I have watched over my career in this bill—although I considered of- sequences, as well as intended con- as airports in Louisville, Cincinnati, fering an amendment on the subject. sequences. Owensboro, Hazard and may other The issue concerns the abuse of famil- Returning to the matter of the legis- places in my State, have benefited iarization training programs at the lation at hand, I urge all of my col- from the work of the FAA. We all have FAA. Such programs authorize FAA leagues to support passage of S. 2279. seen the growth in aviation throughout employees to have free access to cock- We cannot adjourn for the year with- the country and, yes, throughout the pit or cabin seating on commercial out taking final action on this impor- world. Denver, for example, was a pipe flights. Cockpit access is designed to tant legislation. If we fail to act, the dream for many years. Today, it is a provide these employees an oppor- FAA’s hands will be tied and they will vital part of the aviation system. tunity to gain firsthand experience in be unable to address needed security Past Administrators, like Linda the operational characteristics of var- and safety issues in every State in the Daschle, and Secretaries, like Sam ious types of aircraft, to directly inter- Nation. Skinner, have also realized how crit- face with cockpit crews and air traffic Madam President, about a week ago I ical aviation is to our economy. In controllers, and to gain insight into included in the RECORD the amounts of naming these two individuals, I do not the FAA’s systems’ performance. money that will be allocated to each mean to exclude the many fine individ- A February 1996 audit by the Depart- State to take care of or begin to ad- uals who have held those posts. ment of Transportation’s Office of In- dress many of their aviation require- The Administrator today, Jane Gar- spector General found that some FAA ments. At a later time, I will include vey, and the Secretary, Rodney Slater, employees violated standards of ethical that again in the RECORD. have seen first hand how important conduct by using their familiarization The last thing we want is a disrup- airport improvements are to our com- privileges to fulfill personal travel tion of not only the funding, but also munities. agendas and take vacations. The IG es- the ongoing safety measures that are a I had hoped, in my last FAA reau- sentially found that FAA oversight and part of this bill and that are a follow- thorization bill, that we could have control of the familiarization programs on to the legislation that the Senator done more. In 1996, along with Senator was inadequate. Despite the fact that from Kentucky had to deal with a cou- MCCAIN and others, we tried to set a the IG recommended that the FAA es- ple years ago. course to reforming the FAA. We tablish stronger guidelines and inter- I urge my colleagues, again, to call in worked through difficult issues to- nal controls with regard to these train- their amendments. We will include gether, and produced a good road map ing programs, it is my understanding them in a unanimous consent agree- for the FAA. One piece remains miss- that they still are not adequately man- ment which we will try to propound. I ing—funding. There will be options aged. understand that there is an important that will be debated next year—a fee Despite my concerns, I am not call- function this evening which will re- system, taking the Airport and Air- ing for elimination of appropriate quire the Senate to go out around 6 ways Trust Fund off budget, or keeping training programs that provide valu- o’clock. I would like to try, at the the current system. As long as you can able insight and experience for FAA least, to get our agenda refined by that ensure that the FAA has the money it employees. Taxpayers simply want to time. needs to modernize and meet the future be assured that such program are being I know that the Senator from Ken- needs of the traveling public, you will used only for legitimate training pur- tucky has remarks, so I yield the floor. succeed. poses and not being abused for personal Mr. FORD addressed the Chair. Today, we will lay down a managers’ gain, by managers and controllers The PRESIDING OFFICER. The Sen- amendment. We have been working on alike. Unfortunately, the ride-along ator from Kentucky is recognized. it ever since the FAA bill was reported privilege seems to have evolved from a Mr. FORD. I thank my friend, Sen- by the Commerce Committee. Many legitimate training tool into a per- ator MCCAIN, chairman of the Com- issues of concern of the Members have sonnel perk that is easily subject to merce, Science, and Transportation been addressed. Some remain unre- abuse. Committee. I compliment him on his solved. I recently wrote to Secretary Slater remarks. I think he fully and fairly ex- I want to make clear that there are a and Administrator Garvey about this plained the legislation that is before few provisions that still need some matter. I strongly urged the FAA to re- the Senate. One of the things I want to work. Clarification of intent will be view each of the recommendations con- reiterate that he stated is that every important. tained in the 1996 IG report. Without State in this Nation has a vital part in The bill today does two critical strong oversight and control of these this piece of legislation as it relates to things—it gives the FAA a road map to familiarization programs, they will re- air transportation, not only domesti- improve safety and to make sure that main open to abuse. It is inappropriate cally but internationally. It is impor- communities that have not benefitted for FAA employees to use these train- tant. We are talking, I think, in the from airline deregulation have a ing programs for personal travel. This neighborhood of approximately $10 bil- chance to improve airline services.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10814 CONGRESSIONAL RECORD — SENATE September 23, 1998 I have heard the Chair’s distin- it, of those that we will be considering gardless of the legitimacy of Napo- guished colleague, who is on our Com- in the next 24 hours. leon’s remark, ‘‘a silk stocking filled merce Committee, talk about the air Madam President, I thank the chair- with mud’’ is exactly my expectation transportation problems in small com- man for his courtesy and the time. I of what would result from the provi- munities in their area. I am hopeful yield the floor. sions of the trade bill reported by the that in this piece of legislation we Mr. MCCAIN. Madam President, Senate Finance Committee. The bill’s moved in the right direction to help again, I thank the Senator from Ken- supporters have proclaimed a trade those communities that have not bene- tucky. I argue that if I possess any leg- package promising lucrative U.S. eco- fited from airline deregulation and islative skills, a major part of the rea- nomic gains, and have tried to stake have a chance to improve their serv- son for that is that I learned from a out a claim to the moral high ground ices. I will talk more about the small master for several years. I was privi- in the name of free trade. The rhetoric community needs later. leged to serve as the ranking member may extol a very pretty package, in- As I said earlier, I think Senator of the Aviation Subcommittee of which deed, but, I am not sold by packaging. MCCAIN explained the bill very well and the distinguished Senator from Ken- American workers simply cannot af- very fairly. I am hopeful that col- tucky was the chairman. I watched the ford pleasing packaged rhetoric that in leagues on my side will be more than Senator from Kentucky masterfully, reality might leave them in an uphill willing to accept the managers’ amend- with enormous skill and bipartisan- fight, through an international thick- ment and will be Henry Clay-like—that ship, pass several pieces of landmark et, to save their jobs. is, in the mood of compromise—as we legislation. He did it in a way that I In addition to the certainty that cur- move into the amendments that are will always remember, and he did it rent fast-track trade negotiating au- not quite ready to be agreed to. even though issues may have been thority offers no guarantee to the aver- I am hopeful that we will be limited rather controversial, and he did it age American worker, my colleagues to maybe five or six votes and then without rancor. I believe that the con- should take heed that, likewise, no cer- final passage. If we can do that, then tributions that he has made to aviation tainty exists that rosy international that will be a real victory for the legis- in America will be remembered long economic predictions linked to fast- lative process. I want to express a spe- past his time here in the U.S. Senate. track authority would come true. Take cial thanks to the staff on both sides Madam President, we do have a man- a look at the current global economic who have worked so hard since this bill agers’ amendment, which I will bring crisis. There are no guarantees. was introduced to work out many of forward in just a minute, as we at- I have listened to my colleagues who the amendments that were being pro- tempt to get amendments. By the way, urge support of the fast-track process, posed and suggested. I also know that there are Members, but I cannot, and I will not, vote to un- I think we come today with a pack- especially from the States of Mary- dermine a responsibility assigned to age that is almost there. I am sure that land, Virginia, Illinois and New York, Congress through the Constitution. once we get into the five or six amend- who have very strongly held views on That responsibility is ‘‘to regulate ments that might be contentious, we this issue, and I welcome their pres- Commerce with foreign Nations’’ and will be able to work it out. Even now, ence on the floor to help educate me to ‘‘lay and collect * * * Duties, Im- as we are bringing this piece of legisla- and Senator FORD further on their posts and Excises’’—a responsibility tion to the floor, staff are working to views and the impact of this legislation that this legislation appears bent on see if they can reach an agreement on on their airports and surrounding com- diminishing. the final pieces of legislation. I agree munities. Clearly, under the Constitution, the with my colleague, Senator MCCAIN, Mr. FORD. Madam President, I sug- Senate is to have a meaningful role in that we are hopeful that between now gest the absence of a quorum. trade negotiations. Likely, the Found- and roughly 6 p.m., we will know how The PRESIDING OFFICER. The ing Fathers recognized the different in- many amendments will be brought to clerk will call the roll. stitutional interests that affect trade this piece of legislation, how many The assistant legislative clerk pro- negotiations and, thus, crafted provi- would need a vote, and how many we ceeded to call the roll. sions to provide checks and balances to would need to discuss. We are hopeful Mr. BYRD. Madam President, I ask ensure that the broad interests of the that we can be very close at the end of unanimous consent that the order for states—and the people—are protected. the day to getting this bill prepared to the quorum call be rescinded. By side-stepping the Senate’s author- pass here tomorrow and send it to con- The PRESIDING OFFICER. Without ity in trade negotiations, we are cir- ference, so that we can include this objection, it is so ordered. cumventing the framework set up by must-pass bill in our agenda before we Mr. BYRD addressed the Chair. the Founders to help guarantee that leave here somewhere around October The PRESIDING OFFICER. The Sen- the total national interest is met. We 9. ator from West Virginia is recognized. are playing dangerously with the basic Again, I thank my colleague for all of f premises that underlie our system of his hard work. He is a pretty tenacious checks and balances, and separation of OUR CONSTITUTIONAL RESPONSI- fellow. When there are things that he powers. believes should be done, even though he BILITY TO AMERICA’S WORKING I note that many of my colleagues may not have a majority with him at FAMILIES feel that the fast-track legislation that time, look out, here he comes. So Mr. BYRD. Madam President, once under consideration sufficiently revises we are down to five or six amendments, again, I come to the floor to express past trade negotiating authority to en- I believe, and we are still working to my opposition to fast-track procedures. sure that Congress’ constitutional role try to see if an accommodation can be Fast-track procedures were soundly de- in the regulation of foreign trade is made, because when we are talking feated last year by this body, but were preserved. Particularly, in this regard, about the transportation and the in- resurrected by the Senate Finance supporters are touting the bill’s beefed- dustrial development, those things are Committee as part of a trade bill re- up notice and consultation provisions so important to this country and our ported under its jurisdiction. as achieving the proper balance of ability to move in the international In reviewing the trade bill reported power between the executive and legis- sphere that we must pass this bill be- by the Senate Finance Committee, I lative branches of government. fore we leave here. am reminded of a remark attributed to I am supportive of continuous dia- So I am ready to work. I will meet Napoleon in referring to one time po- logue between the Administration and with our colleagues any time. Our litical-supporter-turned-foe, Charles the Congress throughout any trade ne- staffs are prepared to meet, and we will Maurice de Talleyrand-Pe´rigord. Pur- gotiating process. That would seem do whatever is necessary to spend the portedly, Napoleon referenced like a commonsense approach to me. time to work out these final few Talleyrand as ‘‘a silk stocking filled But guidelines and cursory oversight amendments. Before we leave here this with mud,’’ believing that Talleyrand’s provisions simply do not fulfill the afternoon, I look forward to having costume and charm covered nothing Senate’s constitutional role in foreign some kind of a finite list, if we can get but light-mindedness and egotism. Re- trade, and these new consultation and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10815 notification provisions can not over- that the Senate ought to be the arbiter hard for their money, very hard indeed. shadow the bill’s basic shortcomings. over every little, teensy-weensy item They labor in the coal mines, on small That basic flaw is that the Congress in a trade agreement. I am not sug- family-operated farms, in steel, glass through this measure hands the Presi- gesting that at all. Obviously, we can’t or chemical manufacturing plants. dent broad authority to initiate, nego- do that. But to say that the Senate These hard-working families deserve a tiate, and present trade agreements to cannot amend, can offer no amend- fair slice of the pie. These and other the Congress. The Congress must then ments is off the track. To me that American workers elected the various consider those agreements by an up-or- doesn’t comport with the Constitution members of this body to look after down vote with little or no debate and which provides that the Senate may their interests in national trade mat- no opportunity to offer amendments. offer amendments to bills. ters. Senators simply cannot ade- That is where we get off the track. Trade agreements, in principle as quately fulfill this obligation under They may call it the fast-track proc- well as in practice, always have win- fast-track procedures. ess. But that is where we leave the con- ners and losers. I believe the under- The Constitution established a sys- stitutional track. That is where we lying issue for the average American tem of government that has served the leave the track, which under the Con- worker is precisely who benefits most United States well for over 200 years. It stitution, says that the Senate has the from our trade negotiations. I believe created a nation filled with the prom- right to offer amendments. that the average American worker per- ise of opportunity for all. It is our duty While the Members on the commit- ceives that a select few U.S. industries to do our best to make certain that the tees of jurisdiction may have the op- keep winning, while other domestic in- interests of every American are consid- portunity to influence and develop the dustries keep losing, and that the ered when it comes to matters of trade. We live in an increasingly globalized implementing legislation, for all prac- promised ‘‘trickle down’’ of benefits world economy. I am not a protec- tical purposes, this bill obliterates the from the winners to the losers never tionist and I am not against fair and voices of most of the Members of Con- actually trickles. free trade. But I would vote to preserve gress when it comes to international Some will say that the benefits have not yet had time to trickle down. But the Senate’s essential role in its right trade agreements. to amend bills and in regulating for- The Constitution says that revenue data available today demonstrate a eign commerce. I would vote against measures shall originate in the House most distressing trend toward U.S. in- fast-track procedures, as I have in the of Representatives but that the Senate come inequality. That is: the rich keep getting richer and the poor keep get- past, procedures that camouflage pro- may amend as on other bills. But here ting poorer. Under fast-track rules, visions that simply might not be ac- in this so-called fast track, the agree- Senators cannot challenge trade provi- ceptable to the majority of Americans. ment is presented to the Senate to ac- sions that appear inappropriate or un- I urge my colleagues to carefully cept—up or down, with no amendments fair. They cannot question trade provi- consider the institutional and practical in order. sions which seem to contain juicy deals problems that fast track presents. The Take it all or nothing. Frankly, I for specific industries or companies, Constitution is clear: Congress is as- have little faith that consultations but hold few guarantees for the average signed the power ‘‘to regulate Com- with the administration will have American worker just trying to make merce with foreign Nations: and to much impact—this or any other admin- ends meet, take care of family respon- ‘‘lay and collect duties, imposts and ex- istration, if we are to be guided by re- sibilities, and save a little bit for re- cises.’’ cent administrations. tirement. The Constitution is also clear on the Such consultations—with this or any Thus, it should be no mystery to point that the Senate has the power administration—usually do not yield Members of Congress as to why the and the right to amend legislation that significant results. They have not thus American public is increasingly skep- comes before this body. far, in recent years certainly. tical about our trade policies. During Let us not again so easily relinquish So consult and notify as you will, but the NAFTA debate there were promises our constitutional power when it I am well aware of the likelihood that that the agreement would create lucra- comes to issues of such importance to the President will sign an agreement, tive economic gains for Americans—all American working families. an implementing bill will stealthily Americans. American workers remem- I suggest the absence of a quorum. materialize, and Senators will be pro- ber this promise, and they have judged The PRESIDING OFFICER. The vided with an immense document that the promised gains have not mate- clerk will call the roll. The assistant legislative clerk pro- which they have little ability to rialized. change. We need to wise up. Our trade nego- ceeded to call the roll. Mr. GREGG. Madam President, I ask It is take it or leave it. This is where tiators are under strong pressures from unanimous consent that the order for we leave the track. This is where we certain influential industry sectors in the quorum call be rescinded. part company as far as I am concerned. our economy to negotiate deals which Under this bill, Senators’ ‘‘meaning- The PRESIDING OFFICER. Without benefit them. To achieve these deals, objection, it is so ordered. ful’’ role in trade pacts will continue to our negotiators often offer our trading be a yes-or-no vote on legislation that Mr. GREGG. I ask unanimous con- partners concessions, such as tariff re- sent to speak as in morning business can affect millions of American work- ductions that adversely affect less in- ers and their communities. for a period of 5 minutes. fluential U.S. industries. Such conces- The PRESIDING OFFICER. Without Perhaps I would be more enthusiastic sions, I believe, are not usually prop- objection, it is so ordered. about fast-track procedures if I be- erly reviewed. Too often, the benefits Mr. FORD. Reserving the right to ob- lieved that past trade agreements im- achieved in our trade agreements are ject, how much time? plemented under fast-track rules were insignificant compared with the costs Mr. GREGG. Five minutes. beneficial to the nation as a whole. to the individual workers, and the The PRESIDING OFFICER. Without Regrettably, I believe that past total costs to the economy. Worse, objection, the Senator from New agreements, such as the North Amer- many of the negotiated provisions to Hampshire is recognized. ican Free Trade Agreement, NAFTA, benefit U.S. industries fail to mate- f which I voted against, have poorly rep- rialize because our trading partners resented the concerns of the average fail to implement the promised re- BUDGET DISCIPLINE American worker. forms. Mr. GREGG. Madam President, I By eroding the carefully crafted Therefore, we end up imposing enor- wanted to return to the floor; I have checks and balances provided under the mous costs on various groups and seg- spoken about this issue before, but I Constitution, our current trade policy ments of our economy and wind up wanted to continue to raise the issue poorly represents the broader interests with nothing to show for the damage. because as we move into the final of American society. We end up with that pretty silk stock- weeks of this session of the Congress, it Why can’t the Senate be given an op- ing filled with worthless mud. is one of the core issues we have to ad- portunity to at least offer 1 or 2 or 3 or Average American workers live in dress; that is, the question of budget 4 amendments? I am not suggesting my state of West Virginia. They work discipline as a Congress.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10816 CONGRESSIONAL RECORD — SENATE September 23, 1998 It has taken us a long time—29 years, What are these emergencies? One of budget process through an emergency I believe—to get to a surplus, but this the emergencies is that the year 2000 is supplemental. We are hearing with year we finally have a surplus. The coming. As my colleague from North crocodile tears, I think, a lot of talk American people place great faith in Carolina, Senator FAIRCLOTH, who hap- from the leader of the other body and that and appreciation in that, and we pens to be one of the more original from the Vice President, and even the as a Congress, obviously, are proud of folks around here, said: Are we just President to some degree, that any tax the fact we finally reached a surplus. It suddenly learning that the year 2000 is cut would be an attack on the Social was done as a result of a lot of hard coming? That is hardly an emergency. Security trust fund because any tax work. We made some difficult deci- We know and we have known for a long cut would come out of surplus and thus sions. We tightened down on the spend- time that the year 2000 is coming. would be taken from the Social Secu- ing of the Federal Government and we Thus, the additional $3 billion to ad- rity trust fund. That is the mantra, especially maintained fiscal discipline dress that is not an emergency. It now, of the political operatives of this here in the Congress. We did that should have been budgeted for. world who work for the Democratic through the use of what are known as Another emergency is Bosnia. Did we Party, the James Carvilles. That is caps. We set a budget in place, we had suddenly find out that we are in Bos- what they are going to try to label Re- a 5-year budget agreement with the nia? No. We have known we have been publicans: ‘‘You are going to cut taxes President last year, and it has led us on in Bosnia for quite a while. Obviously, and you are going to cut Social Secu- a glidepath to a surplus. The key to that is not an emergency. rity, because that’s going to come out that budget agreement was that we set Another emergency happens to be the of the surplus.’’ spending limits. We said: ‘‘We shall not farm program. Originally it was asking What is good for the goose is good for exceed those spending limits.’’ for $2 billion in emergency spending. the gander. If that is the case when the Unfortunately, as we move towards Now it is up to $4 billion. The leader on President sends up here a $20 billion the closing days of this Congress, we the other side wants to make it $7 bil- supplemental request, many of which appear to be at the point of almost say- lion. I have to tell you, every year that are not emergencies but which are pre- ing that the caps are irrelevant, that I have been in the Congress the farm dictable events—like the year 2000, like the disciplining effects which they had program has come to us and asked for the agricultural situation, like Bosnia, which got us to this surplus are going an emergency spending bill. There is no like the defense issues—if they are to be cast overboard. That is because emergency here, other than the fact going to send that amount of money up we have something coming at us called that that is the way the money gets and ask that it come out of the emer- an emergency supplemental. gency supplemental funding process, An emergency supplemental is not an spent—outside of the budget process. We all know that certain areas of this which means it comes directly out of emergency, it is simply a bunch of the surplus, that also is an attack on spending which is going to be done out- country every year are going to have problems with their farm program. It is Social Security in the same context as side the budget process, independent of a tax cut on the Social Security trust the caps. On top of the spending which simply a function of weather and fac- tors like weather. In this case, it is a fund. You can’t have it both ways, Mr. we said we would make, we are going President and members of the adminis- to add new spending. It is as if you function of the international economy going flat. But every year we have this. tration. You can’t be saying a tax re- were running a household and you had duction has an impact on Social Secu- income of $100 a week and you set your It is a predictable event, so it is not an emergency. It is something that we rity but the emergency supplemental spending on your grocery bills and doesn’t. They both do, because the sur- your electric bills so they would meet should be anticipating. Then we hear also that the President plus is a function of excess tax revenue that $100. And then suddenly you said, coming in under the Social Security ‘‘I happened to make $110 this week so is going to come forward with emer- gency spending for defense. Clearly, de- trust fund. I am going to spend $110—well, no, What should we do? The proper fiscal maybe I’ll spend $120. I am not going to fense needs more money. It is rather unusual that the President should be thing to do is to offset this funding, limit my spending by what I had origi- these expenditures which we are going nally planned, I am simply going to saying this, because for the last 6 years he has essentially tried to cut defense to undertake on the emergency supple- raise it arbitrarily.’’ mental. Granted, we can’t do it all, I and increase spending on all the other That is what is happening here. We accept that, but we should certainly programs in the Federal Government are using a vehicle called an emer- offset a large percentage of it. So be- on the back of defense, and now it sud- gency supplemental to arbitrarily in- fore we come out here and hemorrhage denly becomes an emergency that he crease the spending of the Federal Gov- the discipline that got us to a surplus, has figured out that after 6 years he ernment. The projection now is that we undermining the core elements that has cut defense so dramatically that it are going to have an emergency supple- gave us fiscal solvency as a Nation for is in a horrendous situation and we are mental somewhere in the vicinity of the first time in 29 years, I think we basically heading towards a military $20 billion. That is a lot of money. That should pause and think about that and establishment which may be a shell, is going to have a very dramatic im- say, ‘‘Listen, maybe we ought to step pact on the surplus, because the sur- which may not be able to deliver the back, try to figure out a way to pay for plus is projected to be not a great deal defense of the United States. this supplemental so we don’t under- That may be an emergency in the higher than $20 billion. It could lit- mine the budget process and undermine sense that it is a clear threat to this erally, depending on the economic ef- the surplus and, to some degree, under- country, but from a fiscal standpoint it fects of the Asian situation and the mine the Social Security trust fund. slowdown of the American economy, it was a known action which was taken Madam President, I yield the floor. could literally slow down arriving at by this administration over the last 6 Mr. FORD addressed the Chair. the surplus if we spend $20 billion more years, to savage the defense budget, The PRESIDING OFFICER. The Sen- than we budgeted for, to exceed the which has led us to this point. If it is ator from Kentucky. caps in that way. the desire of the administration to sud- Mr. FORD. Madam President, I ap- Why does it get designated as an denly increase defense funding, they preciate the remarks of the Senator emergency? It gets designated as an should do it within the context of the from New Hampshire. Many of the emergency because, if it didn’t get des- budget process and take money from economists give credit for the financial ignated as an emergency, it would be some of their beloved programs for position of this country to the Presi- subject to a point of order and you which they have moved money out of dent and those who voted for the 1993 would have to get 60 votes in order to defense and into those programs—take Budget Act, for which not a one on the spend it. But if it is designated as an it back from those beloved programs side of the Senator from New Hamp- emergency, it does not get hit with a and put it back in defense spending so shire voted. point of order and therefore it can be this country is adequately defended. Secondly, the CBO, which is an ap- spent with just a majority of Congress So the fact is, as we head towards the pointment of the majority party, has supporting it. So the budget discipline closing days of this session, we con- said there will only be a $31 billion sur- is lifted off. front a potential hemorrhaging of the plus in the general fund at the end of 10

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10817 years. He is partially right in saying if WENDELL H. FORD NATIONAL AIR completing this bill by tomorrow we have an emergency supplemental TRANSPORTATION SYSTEM IM- evening. that it would come from the surplus, PROVEMENT ACT OF 1998 I want to put my colleagues on no- which is basically Social Security. Any The Senate continued with the con- tice. We have been working on this bill for a long, long time. If there are not tax break that is given comes from So- sideration of the bill. Members who come to the floor to pro- cial Security. I think whatever we Mr. MCCAIN. Mr. President, I say to pose their amendments, then I will might believe about the President, if a my friend from Kentucky, I believe we move to go to third reading of the bill, bill that goes to his desk that takes now have an agreement on the man- because there is no point in us going part of the Social Security trust fund agers’ amendment. money and spends it for a tax break or all the way tomorrow and into Friday AMENDMENT NO. 3618 anything else that he will veto it, be- and not having completed this legisla- (Purpose: To make minor additions and tion. I repeat, it must pass. cause the economic situation of this corrections to the reported bill) country is still an amazement to the I have heard personally from a num- Mr. MCCAIN. Mr. President, I send rest of the world, how we have put our ber of Members who have strongly held the managers’ amendment to the desk economy and our economic position in views on this legislation, particularly and ask for its consideration. place. the Senators from Maryland and Vir- The PRESIDING OFFICER. The ginia. I will point out, Mr. President, What is an emergency? I think the clerk will report. rules are basically something similar that one of the Senators from Virginia, The legislative clerk read as follows: Senator WARNER, has had a tragedy in to this. I don’t have it before me to The Senator from Arizona [Mr. MCCAIN], his family, which is why he is not here read. But it is something that doesn’t for himself and Mr. FORD, proposes an to debate the bill at this time. come all the time, it is unexpected. amendment numbered 3618. I, again, urge my colleagues to come The Senator from New Hampshire says Mr. MCCAIN. Mr. President, I ask to the floor in the next couple of hours you can expect a drought, or you can unanimous consent that the reading of to either propose amendments or de- expect too much water, or you can ex- the amendment be dispensed with. bate the bill. pect all these things, so you should The PRESIDING OFFICER. Without Mr. BRYAN addressed the Chair. fund for it. I have gone through years objection, it is so ordered. The PRESIDING OFFICER. The Sen- when we didn’t have an emergency in (The text of the amendment is print- ator from Nevada. the farm community. I have gone ed in today’s RECORD under ‘‘Amend- Mr. BRYAN. I thank the Chair. through years when we did not have an ments Submitted.’’) Mr. President, I would like to preface emergency appropriations. So, there- my comments by commending the Mr. MCCAIN. Mr. President, I ask fore, you didn’t need to budget it. floor leaders, my good friends, Senator unanimous consent that the amend- MCCAIN and Senator FORD, for the lead- Secondly, the emergency is some- ment be considered as part of original ership they have provided in getting thing that occurs and is not in per- text for purpose of amendment. this piece of legislation through the petuity. The tax cut goes on; it doesn’t The PRESIDING OFFICER. Is the committee and on to the floor. I am stop. If you have an emergency now, body ready to vote on the amendment? you try to take care of that emer- not unmindful of the fact there are Mr. MCCAIN. Mr. President, I ask some points of contention, but both of gency; if it doesn’t occur again, you unanimous consent that the amend- them have provided the kind of leader- don’t have to do it again. If you give a ment be considered as part of the origi- ship and experience and real states- tax break, that goes on forever, in per- nal text for the purpose of amendment. manship we have come to expect from petuity. So there is a difference be- This is a substitute amendment. tween a tax cut and an emergency sup- both of these two leaders. And I, for The PRESIDING OFFICER. Is there one, want to praise them for their lead- plemental appropriations. It isn’t objection to the adoption of the amend- something that reoccurs; you do it one ership. ment and inclusion as part of the origi- I want to talk about one of those time. nal text? As we look at the Freedom to Farm points that has become historically Mr. FORD. Reserving the right to ob- somewhat vexing when we deal with an bill that was heralded as the savior for ject, let’s be sure we have the par- the farm program, we see now that it FAA piece of legislation, and that is liamentary procedure correct. This is a the so-called perimeter rule. The pe- really doesn’t work; there is no safety managers’ amendment that is a part of net for the farmers. There is a crisis in rimeter rule is extremely important to the original bill as filed subject to my State, Nevada, and particularly the the Midwest. The farmers who raise the amendment. grain have had a lot of trouble, and it expanding markets in southern Ne- Mr. MCCAIN. Subject to amendment. vada. Within the next year, 20,000 new is not necessarily no rain, a drought, The PRESIDING OFFICER. It will be hotel rooms will come on line. It will and so forth, but prices. The North considered as part of the original text be critically important to have addi- American Free Trade Agreement, for the purpose of amendment and will tional air capacity going into southern which only seven of us in the Senate be subject to amendment. Nevada in order that those new hotel voted against at the time, has now Mr. FORD. I wanted to be sure. There rooms can be filled. The Metropolitan come back to bite us. When you find is not any hanky-panky going on here, Las Vegas area will have in excess of farmers standing at the border between I know that. Every once in a while, we 120,000 hotel rooms within the next 18 the United States and Canada pre- find we have to make a unanimous con- months. venting those 18 wheelers from coming sent request to get us out of a par- I know of no place in the world that in, it is somewhat understandable that liamentary problem. has that concentration of hotel rooms. we should be concerned about it. The PRESIDING OFFICER. Is there It is no secret that the mainspring of I hope we can sit down and work out objection to the adoption of the amend- the economy in southern Nevada, as whatever moneys are necessary as it ment? Without objection, the amend- well as the entire State, has been for relates to an emergency supplemental, ment is agreed to. decades tourism. And because of the particularly for our farmers and par- The amendment (No. 3618) was agreed relative remoteness and isolation of ticularly in defense. to. southern Nevada, air transport is a I did not want the Senator from New Mr. MCCAIN. Mr. President, now I critical factor for our continued eco- Hampshire to get up and say all these ask that my colleagues, again, who are nomic viability and the expansion that things as fact without having a little interested in this bill—we have a little we have enjoyed over the years. bit of the other side from whom some less than 2 hours remaining—who wish I was able, with the support of the people refer to as a moderate Senator to debate this bill, who wish to discuss distinguished chairman of the com- from Kentucky. I yield the floor. it, who wish to amend it, please come mittee, the senior Senator from Ari- Several Senators addressed the to the floor and do so. The Senator zona, to convene a hearing in Las Chair. from Kentucky and I intend, again, to Vegas earlier this spring, because one The PRESIDING OFFICER (Mr. GOR- achieve a final list of amendments for of the challenges that we face in pro- TON). The Senator from Arizona. tomorrow. We have every intention of viding

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10818 CONGRESSIONAL RECORD — SENATE September 23, 1998 additional air service to southern Ne- airlines are not allowed to serve— very much the opportunity to work vada are some economic changes that LaGuardia is another airport which has with him not only on aviation issues are occurring in the airline industry a perimeter rule, as well as National but a variety of other issues, including itself. Airport—from the markets where they the sport of boxing. During the time in which the econ- are strongest. By contrast, because of As I mentioned earlier in my re- omy was relatively soft and business their proximity to LaGuardia and Na- marks, there is a list that I had in- travel was not particularly robust, it tional, each of the seven largest estab- cluded in the RECORD about a week ago was much easier for us in southern Ne- lished carriers is able to serve those of all the different formula funds, enti- vada to get the kind of air service and airports from its principal hub. So tlement State allocations, totaling $2.1 the number of flights that we needed. there is an invidious discrimination in billion, that would be delayed at this As a result of the expanding economy the very existence of these perimeter time. In the case of the State of Wash- and business travel expanding quite rules. ington, the amount would be $7,410,694, rapidly, the airlines have reached an This report, as well as others, has to randomly pick a State; for the State economic judgment which, although suggested to the Congress that we of Kentucky, it is $4,932,788. hard to quarrel with, nevertheless has grant authority to allow exemptions to Mr. FORD. What airports do they go had some profound implications for us the perimeter rule. I believe that is a do? in Las Vegas. And that is to say that sound recommendation and one that Mr. MCCAIN. I do not know exactly business travel, as opposed to recre- has been carefully crafted by my col- which airports they go to, although ation travel, generates more revenue leagues and friends who provide the there are some letters of intent that I per seat mile than does resort, tourist leadership for us in the Commerce had printed in the RECORD. One is the destination travel. Committee, because a compromise has Greater Cincinnati airport, $6 million; So the airlines, to some extent, have indeed been offered. and Louisville, $18.243 million. These shifted some of their capacity to the Let me add an additional basis, it are letters of intent following fiscal more profitable business routes. That seems to me, for that compromise to year 1999 grant allocations that are al- change poses some real challenges to occur. Not only does this invidious dis- ready in preparation. us in trying to fill those hotel rooms, I crimination make it very difficult for Texas: I see the New Austin at mentioned earlier in my comments, new entrants to come into the market, Bergstrom, $11.43 million; Dallas/Ft. that are coming on line. That would be but the original justification for the Worth International, $12.5 million. the largest influx of new hotel rooms in rule in 1986—if it ever had any validity, Washington: Seattle-Tacoma, known as the history of Las Vegas for any given if one assumes arguendo that it may SeaTac Airport, $4,400,000. period of time. So as part of this hear- have been well founded at the time of Mr. President, I ask unanimous con- ing that we held in Las Vegas, we its enactment—no longer exists. sent this list be printed in the RECORD. looked at a number of factors that You will recall that the original or There being no objection, the mate- might help to alleviate that problem. ostensible justification was to make rial was ordered to be printed in the One area in which we desperately sure that Dulles as an airport had plen- RECORD, as follows: need expanded air service is from ty of activity and airline service, and LETTERS OF INTENT longer distance destinations, from the therefore this artificial creation of the Current letters of intent assume the fol- east coast. And one of the things that perimeter rule was designed to make lowing fiscal year 1999 grant allocations: was pointed out as part of the barrier sure that the longer distance flights Arkansas: Fayetteville to that new service is that there are emanated from Dulles. Having been to (northwest Arkansas) ..... $5,000,000 some artificial barriers that are cre- Dulles many times in the last month, Colorado: Denver Inter- ated either by act of Congress or by none would argue that this airport is national ...... 24,931,000 policy, and to the extent that we can underutilized. It is a robust, healthy Georgia: Hartsfield Atlanta International ...... 7,083,000 remove those barriers, it will be easier air terminal, and all of us are pleased Illinois: for us to get expanded air service. for that. Mid-America, Belleville One of those barriers that was cre- On two bases, it seems to me, the ar- reliever ...... 14,000,000 ated by an act of Congress is the perim- gument can be made: No. 1, that the Chicago Midway ...... 3,000,000 eter rule, established in 1986 as part of original rationale and predicate of the Kentucky: Federal legislation. That was part of perimeter rule no longer has any opera- Greater Cincinnati ...... 6,000,000 the Metropolitan Washington Airport Louisville ...... 18,243,000 tive merit; and No. 2, the competitive Michigan: Detroit Metro- Act. aspect in the discrimination which I politan ...... 16,400,000 Some history of the perimeter rule. have alluded to in citing from the air- Mississippi: Golden Tri- In its initial origin, there may have line competition, ‘‘The Barriers to En- angle ...... 300,000 been some justification for it. At the tering Into Domestic Markets,’’ pub- Nevada: Reno/Tahoe Inter- time, there was considerable concern lished by the General Accounting Of- national ...... 6,500,000 that Dulles would not attract the kind fice. New York: Buffalo Inter- of airline service needed to fully utilize I think for that reason the provisions national ...... 1,700,000 Rhode Island: Theodore F. that facility if, indeed, longer distance that have been crafted into this piece Green State ...... 6,500,000 flights could originate out of Wash- of legislation dealing with additional South Carolina: ington National or could come to slots at National, particularly those 12 Hilton Head ...... 558,000 Washington National. which will be allowed to fly outside the Florence Regional ...... 94,000 So this perimeter rule—which has perimeter, represent sound policy and a Tennessee: kind of taken on a life of its own and reasonable compromise. Nashville International .. 555,000 has been exalted almost to divine sta- Again, I commend the chairman of Memphis International ... 18,733,000 Texas: tus, something that is so sacrosanct the committee, Senator MCCAIN, and New Austin at Bergstrom 11,430,000 that we should never touch it under the ranking member of the sub- Dalls/Ft. Worth Inter- any circumstances—is in point of fact committee, Senator FORD, for their national ...... 12,500,000 an act of Congress’ creation, and it is leadership. I hope we can get this en- Midland ...... 1,327,000 not inappropriate for the Congress to acted. I salute them for their leader- Virginia: Reagan Wash- revisit that rule. ship. ington National ...... 14,232,000 The General Accounting Office, in ex- I yield the floor. Washington: Seattle-Ta- coma International ...... 4,400,000 amining airline competition, bolsters Mr. MCCAIN. Mr. President, I thank the argument that was made at our the Senator from Nevada not only on Total ...... 173,486,000 hearing in Las Vegas when it describes this issue but for his continued activ- (Source: United States Senate Report 105–249, De- the perimeter rule as ‘‘a barrier to ity as a valued member of the Com- partment of Transportation and Related Agencies entry service.’’ It points out that the merce Committee on all aviation Appropriations Bill, 1999; pp. 86) rules limit the ability of airlines based issues. He is knowledgeable. He is given In addition, there is $500,000,000 in discre- in the West to compete because those to bipartisan cooperation. I appreciate tionary funds available for assignment by

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10819 the FAA after the authorization and appro- The legislative clerk proceeded to NATO defense ministers. According to priations process has been completed. call the roll. press reports, the Clinton administra- AIRPORT IMPROVEMENT PROGRAM FORMULA Mrs. FEINSTEIN. Mr. President, I tion has already asked the North At- DISTRIBUTIONS ask unanimous consent that the order lantic Council to seek commitments of [Estimated FY98 entitlement and State allo- for the quorum call be rescinded. arms, material and troops from NATO cations, Total formula funds at $2.1 bil- The PRESIDING OFFICER. Without members to complete plans for a multi- 1 lion] objection, it is so ordered. national force. Alabama ...... $5,823,950 Mrs. FEINSTEIN. Mr. President, I I hope and trust that this means that Alaska ...... 31,277,460 ask unanimous consent that I may be a plan of action to halt the violence Arizona ...... 8,759,576 recognized to speak as in morning busi- Arkansas ...... 4,577,601 and bloodshed in Kosovo—a plan with California ...... 31,086,667 ness. clear benchmarks for success and a Colorado ...... 7,958,160 The PRESIDING OFFICER. Without clear exit strategy—will be at the top Connecticut ...... 2,809,935 objection, it is so ordered. of the NATO defense minister’s agenda. Delaware ...... 635,295 f I trust that Secretary Cohen will District of Columbia ...... 468,506 take a strong leadership position at THE BLOODSHED IN KOSOVO Florida ...... 13,064,255 this meeting, and that Secretary Georgia ...... 8,040,687 Mrs. FEINSTEIN. Mr. President, I Hawaii ...... 1,186,786 Albright is taking an equal stand on note that both Senator MCCAIN and Idaho ...... 5,134,047 this issue in discussions with her coun- Illinois ...... 11,777,613 Senator SMITH came to the floor to terparts. Although I wish it were not Indiana ...... 6,148,104 present their thoughts on Kosovo. I the case, we have seen all too often Iowa ...... 5,065,177 would really like to join them and sec- that when Washington hesitates, our Kansas ...... 6,193,550 ond their remarks. Europe allies become paralyzed. Kentucky ...... 4,932,788 Mr. President, it is estimated that at And, lastly, I hope and trust that this Louisiana ...... 5,778,788 least 250,000 Kosovar Albanians have Maine ...... 2,734,919 time NATO, acting in coordination Maryland ...... 4,298,977 been displaced by the violence and with the United Nations, will develop a Massachusetts ...... 5,091,338 bloodshed of the past several months, plan consistent with this pressing hu- Michigan ...... 12,190,141 and that many are currently living in manitarian need, which will be quickly Minnesota ...... 7,873,545 the forests, without access to adequate implemented, and not just talked Mississippi ...... 4,490,016 food, shelter or medical care. With win- about. Missouri ...... 7,558,689 ter soon approaching, we are on the Mr. President, it took us 4 years to Montana ...... 8,289,328 verge of a major humanitarian catas- Nebraska ...... 5,247,768 develop the courage to join and urge Nevada ...... 6,692,991 trophe in Kosovo, which is the direct NATO to intervene in Bosnia at the New Hampshire ...... 1,334,174 result of a cruel and intentional policy cost of 200,000 dead and 2 million dis- New Jersey ...... 6,348,164 directed by President Milosevic and placed. Hundreds, if not thousands New Mexico ...... 7,508,916 carried out by Serbian security forces have already been killed in Kosovo, and New York ...... 16,573,616 in Kosovo. hundreds of thousands have been forced North Carolina ...... 7,827,567 The time has come—indeed, it is my North Dakota ...... 4,180,687 from their homes. What more needs to Ohio ...... 10,647,533 belief that the time came long ago—for happen before the international com- Oklahoma ...... 6,061,992 the United States, our NATO allies, munity acts? Oregon ...... 7,247,957 and the entire international commu- There is no doubt that the search for Pennsylvania ...... 11,505,588 nity, to back with resolve that what peace in Kosovo has thus far proved Puerto Rico ...... 2,632,148 happened in Bosnia must not be al- elusive, and that finding a solution Rhode Island ...... 832,693 lowed to happen again in Kosovo. For which provides Kosovar Albanians with South Carolina ...... 4,302,524 too long, we have stood by passively South Dakota ...... 4,559,359 full political rights and civil liberties Tennessee ...... 5,936,395 while Milosevic has acted in bad faith. will be difficult. Texas ...... 26,942,447 He has made numerous commitments But the time has come for the inter- Utah ...... 5,752,302 to halt the violence, such as that con- national community to take action: We Vermont ...... 933,033 tained in his joint statement with must keep our promise not to allow Virginia ...... 6,947,024 President Yeltsin on June 16, and he Kosovo to become another Bosnia, and, Washington ...... 7,410,694 has honored none of them. unless Milosevic halts the violence im- West Virginia ...... 2,638,950 In July, the Senate unanimously Wisconsin ...... 7,204,305 mediately and unambiguously, to com- Wyoming ...... 5,421,196 passed a bipartisan resolution which mit ourselves to the course of a much- Insular areas ...... 2,564,100 called on the United Nations War needed humanitarian intervention in Crimes Tribunal to indict President Kosovo. Total ...... 388,500,000 Milosevic for his crimes in Bosnia. Mr. President, I thank the Chair. I 1 The list includes airport entitlement funds and That resolution has not yet been car- yield the floor, and I suggest the ab- State funds that would be foregone in fiscal year ried out. In my mind, the time has 1999, assuming the Senate AIP appropriations level sence of a quorum. of 2.1 billion dollars. These figures don’t include dis- come for the United States to call an The PRESIDING OFFICER. The cretionary grants & LOI payments. end to the charade of taking at face clerk will call the roll. (Source: United States Senate Report 105–249, De- value the word of a man the U.S. Sen- The legislative clerk proceeded to partment of Transportation and Related Agencies ate believes should be indicted as a war call the roll. Appropriations Bill, 1999; pp. 80–1). criminal. Mr. KENNEDY. Mr. President, I ask (Note: This does not include funds allocated to If thousands, or tens of thousands, of states for general aviation, relieve, and non-primary unanimous consent that the order for commercial service airports, nor does it include people in Kosovo now die because they the quorum call be rescinded. nearly half a billion dollars in discretionary grants have been systematically forced from The PRESIDING OFFICER. Without the FAA will allocate in FY99.) their homes, forced into the forests, de- objection, it is so ordered. Mr. MCCAIN. Mr. President, I will be nied access to food, warmth, shelter f prepared shortly, perhaps in half an and medical care, it is a crime worthy hour, to propound a unanimous consent of the world’s condemnation. PATIENTS’ BILL OF RIGHTS agreement on amendments. Again, I With winter imminent in the Bal- Mr. KENNEDY. Mr. President, I was urge my colleagues to have their kans, the U.N. Security Council is pre- over in my office earlier in the after- amendments. I repeat our determina- pared to vote on a resolution threat- noon. I heard the quorum calls. Now tion to have completed legislative ac- ening force under article 7 of the U.N. again we are wasting time in the mid- tion on this legislation by the close of Charter unless Milosevic calls a cease- dle of the afternoon. We are talking business tomorrow night. fire and negotiates with Kosovo’s Alba- about a Wednesday afternoon at about I suggest the absence of a quorum. nian separatists. quarter of 5. The Senate is in a quorum The PRESIDING OFFICER. The At the end of this week, Secretary call when we could be debating the clerk will call the roll. Cohen will be meeting with other issue of the Patients’ Bill of Rights.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10820 CONGRESSIONAL RECORD — SENATE September 23, 1998 I have taken the opportunity at eases. For many patients, these new American Association of Pastoral other times to remind the Senate drugs represent genuine medical mir- Counselors; American Association of about the importance of that debate. acles and opportunities to resume lives Private Practice Psychiatrists; Amer- Last week, we had the Republican lead- that have been devastated by these ican Board of Examiners in Clinical So- cial Work; American Counseling Asso- ership effectively close down the Sen- cruel diseases. But too often managed ciation; American Federation of State, ate for 5 hours, by essentially prohib- care plans have said ‘‘no’’ to these pa- County and Municipal Employees; iting Members of the U.S. Senate to tients and their doctors. They say: American Family Foundation. speak at that time on the issue of the ‘‘The new drugs are too expensive. You American Group of Psychotherapy Asso- Patients’ Bill of Rights. And, as has will have to make do with older, cheap- ciation; American Nurses Association; been pointed out by our Democratic er drugs that are on our approved list. American Occupational Therapy Asso- leader, Senator DASCHLE, the Repub- If they don’t work for you, that is just ciation; American Orthopsychiatric As- lican leadership shows an unwilling- too bad.’’ That should be unacceptable sociation; American Psychiatric Asso- ciation; American Psychiatric Nurses ness to debate this issue during the to every American. Association; American Psychoanalytic evening times, which would allow us to Our legislation will guarantee that Association; American Psychological do the country’s business and do the no family with a mentally ill member Association; Anxiety Disorders Asso- people’s business. will ever be subjected to this kind of ciation of America; Association for the I rise again today to talk a bit about abuse again. Advancement of Psychology. this issue, and the importance of it, be- Mr. President, I ask unanimous con- Association for Ambulatory Behavioral cause it is of such compelling impor- sent to have printed in the RECORD the Healthcare; Association of Behavioral tance to millions of Americans—more statement of the Mental Health Liai- Healthcare Management; Bazelon Cen- than 160 million Americans. ter for Mental Health Law; Child Wel- son Group. fare League of America; Children and Every time I go back to Massachu- There being no objection, the mate- Adults with Attention Deficit Disorder; setts—and I think it is generally true rial was ordered to be printed in the Clinical Social Work Federation; Cor- with others as they travel across the RECORD, as follows: poration for the Advancement of Psy- country to their States—I run into the MENTAL HEALTH LIAISON GROUP, chiatry; International Association of people who have faced the kinds of sit- Alexandria, VA, September 23, 1998. Psychosocial Rehabilitation Services; uations that I will mention in just a Hon. TRENT LOTT, National Alliance for the Mentally Ill; moment or two. These are situations Senate Majority Leader, National Association for Rural Mental that cry out for action. Still we don’t Capitol Building, Washington, DC. Health. National Association of Protection and take the action. DEAR SENATOR LOTT: The undersigned members of the Mental Health Liaison Group Advocacy Systems; National Associa- We have considered other pieces of tion of Psychiatric Treatment Centers legislation that have some importance. (MHLG) are writing to urge the Senate to pass meaningful legislation protecting con- for Children; National Association of But I daresay that none of the recent sumers now enrolled in managed care before School Psychologists; National Asso- pieces of legislation that we have con- the end of the 105th Congress. If Senate pas- ciation of Social Workers; National sidered, I believe, rise to the impor- sage is accomplished in an expeditious man- Council for Community Behavioral tance of the debate and discussion on ner, ample time remains to initiate a con- Healthcare; National Mental Health the Patients’ Bill of Rights. ference committee with the House and Association. Mr. President, I want to include in achieve final passage of this important legis- Mr. KENNEDY. Mr. President, we the RECORD today the testimony and lation. heard today from Jackie Shannon. She the comments of some leading Amer- Our community has a large stake in timely is the president of the National Alli- ican citizens who are very concerned consideration of consumer protection legis- ance for the Mentally Ill, NAMI, and lation. Today, over 160 million Americans re- about ensuring adequate protections ceive their mental health care from a mere the mother of a son with schizophrenia. for consumers of mental health serv- handful of managed care plans. Virtually I would like to read from her very, very ices—protections that are included in every organization signing onto this cor- moving testimony. This passage refers the Patients’ Bill of Rights, which has respondence has received reports of: to a woman named Pam Childs from been introduced by Senator DASCHLE, Consumers being denied access to emer- Miami, Florida and her problems with and are not included in the Republican gency services despite being in psychiatric manic-depressive illness: proposal. crisis. Pam was a Ph.D. psychologist who special- In the forum that was held this after- Health care plans applying rigid utilization ized in treating children and adolescents . . . review criteria that radically reduce the Repeatedly, Pam’s HMO told her that the noon, 36 groups—representing patients, availability of outpatients mental health families, psychiatrists, psychologists, treatment being recommended by her doc- services. tors were ‘‘not part of the plan.’’ On several social workers, and others who are con- Treatment plans, diagnoses and related cerned about quality of health care for occasions, doctors who made progress in clinical decisions being reviewed by health treating Pam were later told that they were people with mental illness—begged the plan personnel with no prior medical or men- ‘‘being taken off the plan.’’ Pam Childs never Senate to act to pass the Patients’ Bill tal health training whatsoever. got the treatment she needed, and this story of Rights. With every day that passes, HMO drug formularies insisting upon the did not have a happy ending. On July 2 of these patients and their families are lowest-cost psychotropic medications, which this year, at 34 years of age, Pam took her may be clinically inappropriate for individ- suffering because of abuses by the man- own life by leaping from the window of her uals with more serious mental disorders. father’s 15-story apartment. aged care systems. In too many in- Procedural disputes should not inhibit free stances, the stories they told were and fair debate of consumer protection legis- Mr. President, Jackie Shannon also tragic. They involved suicide, spousal lation on the floor. Key issues like access to told us about the problems the mental abuse, anxiety attacks inflicted on a specialists, medical necessity, point of serv- health community faces in terms of ac- Vietnam veteran, and successful ice, legal accountability and related matters cess to various prescription drugs. The courses of treatment cruelly inter- should now be considered by the full Senate. prescription drug formularies used by rupted because insurance companies The starting point for debate could involve insurance companies limit access to any of the wide array of comprehensive bills the newest and most effective medica- are putting their bottom line first and now pending, including the measures en- their obligations to patients last. dorsed by the House and Senate Republican tions. I would like to read from her tes- One of our speakers, the president of leadership. timony: the National Alliance for the Mentally In our view, at this time, the only bill that Over the past decade, the most far-reach- Ill, NAMI, focused on an important represents meaningful reform is S. 1890, the ing advances in the treatment of brain dis- provision of our legislation that has Patients’ Bill of Rights Introduced by Sen- orders such as schizophrenia and manic-de- not received as much attention as some ator Daschle. pressive illness have all been in the area of of the other issues—access to needed Sincerely, prescription drugs. These new medications prescription drugs that are not on a American Academy of Child and Adoles- are highly effective in treating severe symp- cent Psychiatry; American Association toms, without many of the disturbing side health plan’s approved list. For mental for Marriage and Family Therapy; effects associated with older medications. patients, the last few decades have seen American Association for Psychosocial While some of these medications may cost a significant growth in the number of Rehabilitation; American Association more at the front end, they deliver signifi- new medicines that can treat their dis- of Children’s Residential Centers; cant long-term savings through fewer and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10821 shorter hospitalizations, and, more impor- or discussion on these issues, let alone Judge Young was frank in his opin- tantly, a higher quality of life for con- a vote on them. That is very, very im- ion: sumers. portant, Mr. President. The National Federal law has evolved in a shield of im- Unfortunately, managed care plans too Association of Mentally Ill feel that munity that protects health insurers. . . and often use formularies—restrictive lists and access to prescription drugs is of enor- other managed care entities from potential bureaucratic rules—to limit access to the liability for the consequences of their wrong- newer, more effective medications. What mous importance to their membership. ful denial of health benefits. The Federal law kind of rules? A 1997 survey of managed be- Their view is shared by all of the lead- thwarts the legitimate claims of the very havioral health plans by NAMI revealed ing mental health organizations. That people it was designed to protect. widespread use of policies such as prior au- is why the 36 different groups have in- thorization, and what they call ‘‘twice-fail’’ dicated strong support for the Demo- There it is, Mr. President, an exam- requirements as parts of the formulary. cratic Patients Bill of Rights. ple of an individual who needed help, These ‘‘twice fail’’ rules are especially of- Mr. President, I refer right here to consolation, rehabilitation, and atten- fensive to the NAMI members. Our survey this chart that compares our Patients’ tion, but was denied it by the HMO. A found that some managed care plans actu- Bill of Rights, which puts patients be- tragic, tragic ending, with the HMO re- ally require patients to fail on older, cheaper fore profits, and the Republican legis- sponsible—I believe, just from a read- medications multiple times before being able to access the newer medication. NAMI be- lation. Right here, No. 11—access to ing of these facts—or certainly contrib- lieves that psychiatrists and their patients doctor prescribed drugs—the question uting to the anxiety and ultimately to should be able to select the medication that is whether you will be able to get the the untimely death, and the loss of this is right for them based on clinical effective- kind of prescription drug—new or old, father of four children. And, under cur- ness, not on a managed care plan’s financial perhaps somewhat more expensive— rent law, the HMO is able to stand bottom line. The best treatment available that your doctor recommends, or be back and say, no, we can’t be sued. And should be the treatment of first choice. forced to take only those medications they cannot be, Mr. President. Do we understand that, Mr. Presi- that are listed on the HMO plan and That particular issue is addressed in dent? The best treatment available just do not work for you. our legislation. Right here on the chart ought to be the treatment of first Mr. President, this forum that we where we say ‘‘ability to hold plans ac- choice. The Democratic version of the had was just the most recent one in countable.’’ But it is not in the Repub- Patients’ Bill of Rights guarantees which we heard patients and doctors lican legislation. We looked through that. It would allow the doctors to and nurses pleading with the Repub- their bill. It is not there, but it is in overrule a plan’s restrictive drug for- lican leadership to act on real managed ours. Another issue to debate. Another mulary when it is in the patient’s in- care reform before the end of the year. issue to discuss. Another issue to vote terests. The Republican bill would not. At today s forum, I spoke about a on. It is not very complicated. Are you Now, Mr. President, this is an issue particularly tragic set of cir- going to hold a plan accountable when of particular importance to persons cumstances surrounding the case of a its decisions result in the death or seri- with mental illness who need these man who died because his plan denied ous injury of an individual who may be newer drugs. We hear case after case of necessary treatment. In this case, how- the breadwinner for a family? Are you patients who would be helped if they ever, like too many others, the plan going to deny a family the opportunity had access to the newest and most ef- was not held accountable for its abu- to hold insurance companies respon- fective medications. We heard of one sive actions. Let me just tell you, Mr. sible if a loved one has been the recipi- young person whose plan required him President, about this very tragic case. ent of negligent treatment? to use the cheaper drugs and dem- Richard Clarke of Haverhill, MA, was We ought to be able to vote on that. struggling to deal with a serious prob- onstrate their failure not just once, but It is not very complicated. But no, no, lem of substance abuse. His health plan twice, before they would even be eligi- we cannot even bring that up. We can- clearly covered 30 days of inpatient re- ble for the right drugs. This is one of not even debate it. It is a crucial mat- habilitation. But when Mr. Clarke’s the reasons that we provide this kind ter, certainly, to the Clarke’s or any doctor admitted him to a detoxifica- of protection in our Patients’ Bill of other family in this situation. It is a tion program, the plan provided only 5 Rights. We believe it is important to crucial matter to millions of other days of treatment. His treatment was ensure that the doctor can to say, This families. cut short, and his pattern of abuse and is the kind of prescription drug that is Mr. President, there are millions of inadequate treatment continued. necessary to deal with your particular Americans who have that kind of pro- Shortly after the first hospitalization, health need and that the plan will tection today, but it is not guaranteed his doctor again tried to admit him. cover it, if the plan offers drug cov- But his HMO approved just 8 days of in- to over 120 million Americans who re- erage. patient rehabilitation. And 24 hours ceive their insurance through employ- That is a very important protection. after this discharge, Mr. Clarke at- ers in the private sector. It is not guar- We would like to debate that issue. If tempted suicide. Again, he was referred anteed. It is effectively excluded. Mr. the Republican leadership does not be- for additional inpatient treatment, but President, more than 40 million Ameri- lieve that we ought to provide that this time the HMO refused to pay for cans can hold their HMOs accountable, kind of protection, they should come to any additional services—even though but more than 120 million others can- the floor of the Senate and let’s call his policy clearly should have covered not. The others cannot. Why not, we the roll. This is not a complicated 17 additional days. might ask? Because the power of the issue. It is not a very complicated At this point, a judge committed Mr. special interests will not permit us to issue. But it is one of the very impor- Clarke to a State correctional center. get to this legislation, to consider it, tant protections that exist in our bill Mr. Clarke was abused in that center debate it, and call the roll on it. and which does not exist in the Repub- and received only minimal treatment. Mr. President, this forum was just lican bill. Tragically, just a few weeks after being the most recent one in which we have The American people have been effec- discharged from the correctional cen- heard the patients and doctors and tively denied—with the various pro- ter, Mr. Clarke committed suicide at nurses pleading with the Republican posals that have been offered by the age 41. He left a widow and four chil- leadership to act on real managed care majority leader in terms of the debate dren and 17 days of inpatient rehabili- reform. Several weeks ago, we heard of the Patients’ Bill of Rights—from tation coverage on his insurance pol- from Dr. Charlotte Yeh, an emergency seeing where the Senate stands on icy—17 days that were not used, 17 days doctor from Boston who also is a leader these important issues. The leadership that were repeatedly denied by the in the American College of Emergency has said, in reference to their proposal, HMO. And he took his life. Physicians. In fact, we have had the You can either take it or leave it. They His widow took the insurance plan to leaders of many of these professional are attempting to gag not only the doc- Federal court. But Judge William groups appear in these forums—rep- tors in this country from giving the Young had no choice but to reluctantly resentatives of from many of the more best advice on health care needs, but dismiss the case because the Federal than 180 different groups of patients they are also attempting to gag the law protected the HMO from account- and doctors, nurses, health profes- Senate from having any kind of debate ability for its actions. sionals that support our legislation.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10822 CONGRESSIONAL RECORD — SENATE September 23, 1998 Dr. Yeh described cases where HMOs Mr. KENNEDY. Seeing Senators are A bipartisan majority in the Congress has denied treatment that patients needed here and ready to move ahead, I will called for enactment of standards that will because of managed care penny-pinch- just make some few concluding re- put an end to episodes like the one I just de- ing. She indicated she was appearing at marks on this issue and then get back scribed. Last year, the Congress adopted the prudent layperson standard and other pro- the forum ‘‘representing the concerns to it at another time. I think we could tections for Medicare and Medicaid patients of 20,000 emergency physicians, on be- have been debating this, rather than seeking emergency care. We thought there half of 90 million patients we see every just filling in the time with the was a consensus on this issue! year.’’ She went on to say, ‘‘For emer- quorum calls, which we have been Just a few weeks ago, we were delighted to gency physicians protecting patients is doing frequently. So I indicate to col- see that Republican Task Forces in both the not just a job, it is our lives.’’ They are leagues, I will make some concluding House and Senate had decided to include the strongly in support of our legislation. remarks for just a few more minutes ‘‘prudent layperson’’ standard in their re- They strongly believe that we ought to spective patient protection measures. and then yield the floor. Again, from But we are very disturbed about the way in have an opportunity to debate this leg- Dr. Yeh’s testimony: which the emergency services protections islation. They are strongly opposed to What’s the difference between the real were drafted in the Republican ‘‘Patient Pro- Republican leadership, and are con- ‘‘prudent layperson’’ standard included in tection Act.’’ As a physician, it seems that a cerned about the leadership s refusal to the Balanced Budget Act and the Democratic little Unnecessary surgery was performed on let us have an opportunity to debate Patients Bill of Rights and the imposter that the ‘‘prudent layperson’’ standard to the the legislation. This is what Dr. Yeh has been included in the GOP Patient Pro- point where it is barely recognizable as the commented on: tection Act? consumer protection we envisioned. For the last several years, the tactics of The GOP Patient Protection Act would es- What’s the difference between the real the managed care industry with respect to tablish a weaker coverage standard for pri- ‘‘prudent layperson’’ standard included in coverage of emergency care has become a na- vately insured patients than what exists for the ‘‘Balanced Budget Act’’ and the Demo- tional issue. Medicare and Medicaid patients. cratic ‘‘Patient’s Bill of Rights’’ and the * * * * * This is not Senator DASCHLE or my- ‘‘imposter’’ that has been included in the We’ve all heard the stories. self making this statement, this is a GOP ‘‘Patient Protection Act?’’ In Detroit, a 46-year old woman collapsed leading member of the American Col- The GOP Patient Protection Act would es- in her husband’s arms and was rushed to the lege of Emergency Physicians—doctors tablish a weaker coverage standard for pri- hospital by ambulance. She died of cardiac vately insured patients than what exists for who deal with this problem every sin- Medicare and Medicaid patients. arrest after a failed resuscitation attempt. gle day—talking about how the GOP Unbelievably, her managed care plan later The Democratic bill would provide the denied payment for her treatment because Patient Protection Act is a fraud. same protections for all patients. she did not call for prior approval. She continues along. I ask unani- The GOP Patient Protection Act estab- In Boston, a boy’s leg was seriously injured mous consent to have her full state- lishes a two-tiered test for coverage of emer- in an auto accident. At a nearby hospital, ment printed in the RECORD. gency services and guarantees coverage only emergency doctors told the parents he would There being no objection, the state- for a ‘‘screening examination.’’ need vascular surgery to save his leg and a ment was ordered to be printed in the The Democratic bill would require that health plans cover all services necessary to surgeon was ready and available in the hos- RECORD, as follows: pital. evaluate and stabilize the patient to anyone Unfortunately, for this young man, his in- TESTIMONY OF CHARLOTTE YEH, MD, FACEP, who meets the prudent layperson standard— surer insisted he be transferred to an ‘‘in- CHAIR, FEDERAL GOVERNMENT AFFAIRS no questions asked! network’’ hospital for the surgery. His par- COMMITTEE, AMERICAN COLLEGE OF EMER- The GOP Patient Protection Act sets no ents were told if they allowed the operation GENCY PHYSICIANS limits on the amount of cost-sharing the to be done anywhere else, they would be re- Thank you very much. I am Dr. Charlotte managed care plans would be allowed to sponsible for the bill. They agreed to the Yeh, a practicing emergency physician at charge patients who seek emergency services move. Surgery was performed three hours the New England Medical Center in Boston, from a non-network provider. after the accident. But by then, it was too MA. I am here today representing the con- The Democratic bill would protect patients late to save his leg. cerns of nearly 20,000 emergency physicians who reasonably seek emergency services to These are not episodes from the TV pro- and on behalf of the 90 million patients we protect their health from being charged un- gram, ‘‘ER’’. These are not anecdotes. They see every year. For emergency physicians, reasonable co-pays and deductibles. are real people with real lives. protecting patients is not just a job, it’s our The GOP Patient Protection Act provides A bipartisan majority in the Congress has life. sets no guidelines for the coordination of called for enactment of standards that will For the last several years, the tactics of post stabilization care, making it impossible put an end to episodes like the ones I just de- the managed care industry with respect to for emergency physicians to coordinate and scribed. Last year, the Congress adopted the coverage of emergency care has become a na- obtain authorization for necessary follow-up prudent layperson standard and other pro- tional issue. I’m pleased to be here today as care with the managed care plans. tections for Medicare and Medicaid patients we try to enact meaningful patient protec- The Democratic bill would require health seeking emergency care. Millions of Medi- tions that will ensure that patients get not plans to adhere to new federal guidelines care and Medicaid beneficiaries have these only the care they deserve, but that they that require managed care plans to be avail- protections, but not the 160 million people also get the coverage that their managed able to coordinate post stabilization care, in- outside of those programs. They do not have care plan promised them. stead of just permitting the managed plan to these protections. We’ve all heard the stories. turn off the phone at 5:00 o’clock. She continues: In Detroit, a 46-year old woman collapsed Obviously, we are very troubled by the We thought there was consensus on this in her husband’s arms and was rushed to the changes to the ‘‘prudent layperson’’ standard issue. . . . But we are very disturbed about hospital by ambulance. She died of cardiac in the ‘‘Patient Protection Act.’’ the way in which the emergency service pro- arrest after a failed resuscitation attempt. Our assessment is that this legislation— tections were drafted in the Republican ‘‘Pa- Unbelievably, her managed care plan later Will provide less protection for privately in- tient Protection Act.’’ As a physician, it denied payment for her treatment because sured patients than for Medicare and Med- seems that a little unnecessary surgery was she did not call for prior approval. icaid patients; Will lead to more coverage performed on the ‘‘prudent layperson’’ stand- In Boston, a boy’s leg was seriously injured disputes, not less; Will create even more bar- ard to the point where barely recognizable as in an auto accident. At a nearby hospital, riers, not fewer; and Will create new loop- the consumer protection we envisioned. emergency doctors told the parents he would holes for managed care plans to deny cov- need vascular surgery to save his leg and a erage of emergency services. Mr. MCCAIN. Will the Senator from surgeon was ready and available in the hos- In four years, we have come so far, but we Massachusetts yield? pital. cannot support these provisions in their cur- Mr. KENNEDY. Yes. Unfortunately, for this young man, his in- rent form. We will do everything in our Mr. MCCAIN. Just for a question. The surer insisted he be transferred to an ‘‘in- power to ensure that the ‘‘prudent Senator from Massachusetts, I know, network’’ hospital for the surgery. His par- layperson’’ standard that is enacted will be wants to indulge his colleagues. We ents were told if they allowed the operation consistent with the meaningful protections have Senator INHOFE on the floor on an to be done anywhere else, they would be re- that Congress enacted for Medicare and Med- amendment on pending legislation, and sponsible for the bill. They agreed to the icaid beneficiaries. Hard-working Americans move. Surgery was performed three hours Senator ROTH to follow him. So if he who pay their premiums deserve no less. after the accident. But by then, it was too could perhaps very quickly allow the late to save his leg. Mr. KENNEDY. We heard from can- amendment process to proceed, I would These are not episodes from the TV pro- cer patients, and their doctors, who ex- appreciate it very much. I thank the gram, ‘‘ER’’. These are not anecdotes. They plained that the Patients’ Bill of Senator from Massachusetts. are real people with real lives. Rights is critical to ensuring patients

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10823 access to quality clinical trials. These million people. Under this proposal ‘‘(B) whether such provision of law is a trials are often the only hope for pa- from the Republican leadership, we are subsequently enacted provision or directly or tients with incurable cancer or other permitting other kinds of amendments, indirectly seeks to waive the application of this subsection. diseases where conventional treat- but we are going to say no amendments ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.— ments are ineffective. They are the relative to health care be in order. Paragraph (1) shall not apply to any expendi- best hope for learning to cure these Thankfully, our Democratic leader ture to liquidate any contract entered into dread diseases. rejected this, so it was not offered. But (or for any amount otherwise obligated) be- Insurance used to routinely pay the these are the tactics we are facing. We fore October 1, 2000, in accordance with the doctor and hospital costs associated are as committed as ever to ensuring provisions of this section.’’. with clinical trials, but managed care that we will have an opportunity to de- Mr. ROTH. Mr. President, this plans are refusing to allow patients to bate this issue—even if not on this par- amendment contains the necessary participate. Our bill forces the insur- ticular measure. So we are going to conforming changes to the Tax Code ance companies to respond to these continue to pursue it. required by this reauthorization bill. needs, but the Republican bill does not. I thank the Chair and I yield the This amendment does not affect Fed- And they refuse to debate this issue. floor. eral revenues. Therefore, this bill re- mains a nonrevenue bill. This amend- Here it is on the chart, ‘‘Access to Clin- f ical Trials.’’ We provide this protec- ment will allow expenditures from the tion, and they do not. WENDELL H. FORD NATIONAL AIR Airport and Airway Trust Fund to Yet, this is very important for TRANSPORTATION SYSTEM IM- occur as authorized by the underlying women who are battling breast cancer. PROVEMENT ACT OF 1998 legislation relating to airport con- struction, maintenance and tech- It is important for children—like my The Senate continued with the con- nology. own son, Teddy, who was able to get sideration of the bill. into a clinical trial when he had It will also help ensure our air traffic Mr. MCCAIN. I yield to Senator ROTH control system continues to provide osteosarcoma at age 12, and survive to offer an amendment. that dread disease. He is alive today safe and efficient services. The PRESIDING OFFICER. The Sen- It is my understanding that this because he was in a clinical trial. ator from Delaware. Mr. President, as I have pointed out amendment is acceptable to both sides AMENDMENT NO. 3621 before, these are the guarantees that of the political aisle. At the appro- are in our legislation. Under our pro- (Purpose: To extend the Airport and Airway priate moment, I will urge its adop- Trust Fund expenditure authority) tion. posal, the doctor, the medical profes- The PRESIDING OFFICER. Is there sional, will make the decisions on med- Mr. ROTH. Mr. President, I send an further debate on the amendment? ical treatment for the patient—be that amendment to the desk on behalf of Mr. MCCAIN addressed the Chair. you or your spouse or your child or Senator MOYNIHAN and myself. The PRESIDING OFFICER. The Sen- your grandchild. Medical decisions will The PRESIDING OFFICER. The ator from Arizona. not be made by an insurance company clerk will report. Mr. MCCAIN. Mr. President, I thank accountant. That is what is at the The bill clerk read as follows: the distinguished chairman of the Fi- heart of the differences between the The Senator from Delaware [Mr. ROTH], for himself and Mr. MOYNIHAN, proposes an nance Committee. As always, he has two pieces of legislation. been extremely cooperative and helpful We welcome an opportunity to just amendment numbered 3621. Mr. ROTH. Mr. President, I ask unan- as we have this kind of legislation out say we will take 10 of the issues on this of the Commerce Committee, which list, and vote on those measures and imous consent that the reading of the amendment be dispensed with. sometimes has tax implications. I am vote on the legislation, while permit- very grateful for the continued co- ting our Republican friends to have a The PRESIDING OFFICER. Without objection, it is so ordered. operation and effort to not encroach on similar number of amendments. But let the jurisdiction of the Finance Com- The amendment is as follows: us at least get about it in these final mittee and also to make sure that days. It is not too late. It must not be At the end of the bill add the following: their views and their authority are too late, or we would not see the kinds TITLE IV—EXTENSION OF AIRPORT AND well recognized. of activity to deny or delay action on AIRWAY TRUST FUND EXPENDITURE AU- The crucial programs in this legisla- this legislation by our Republican THORITY tion are directly dependent upon the friends each day. SEC. 801. EXTENSION OF EXPENDITURE AUTHOR- ability of the FAA to spend moneys out Just in conclusion, earlier in the ITY. of the aviation trust fund, and the day—although this was not advanced, (a) IN GENERAL.—Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 trust fund itself is supported by reve- it was circulated by the majority— nues from the aviation excise taxes there was a unanimous consent that (relating to expenditures from Airport and Airway Trust Fund) is amended— which are paid by all air travelers. was going to be proposed on the Inter- (1) by striking ‘‘October 1, 1998’’ and insert- I thank Senator ROTH for his co- net tax legislation. I will include the ing ‘‘October 1, 2000’’; and operation in our effort to keep nec- whole provision in the RECORD. (2) by inserting before the semicolon at the essary funds flowing to aviation pro- This was circulated to see whether end of subparagraph (A) the following ‘‘or grams. His amendment will help keep there would be any objection on the the Wendell H. Ford National Air Transpor- the FAA on sound financial footing. Democratic side. It basically allowed tation System Improvement Act of 1998’’. He and his staff have been very help- all types of amendments—unlimited (b) LIMITATION ON EXPENDITURE AUTHOR- ful in our efforts on this bill. I want to ITY.—Section 9502 of such Code is amended first and second degree amendments or clarify with the chairman that this amendments that are not relevant to by adding at the end the following new sub- section: amendment merely authorizes expendi- the Internet tax issues in the under- ‘‘(f) LIMITATION ON TRANSFERS TO TRUST tures from the trust fund for 2 years lying bill—but, and this is important, FUND.— and prevents expenditures from the no health care amendments. Here is ‘‘(1) IN GENERAL.—Except as provided in trust fund without an authorization in the text that would have been spoken paragraph (2), no amount may be appro- place? by the Majority leader, ‘‘I further ask priated or credited to the Airport and Air- Mr. ROTH. Mr. President, I say to my that during the Senate’s consideration way Trust Fund on and after the date of any distinguished colleague, that is cor- of S. 442 or the House companion, no expenditure from the Airport and Airway rect; that is the intent of the amend- amendments relative to health care be Trust Fund which is not permitted by this ment. section. The determination of whether an ex- in order.’’ There you have it: One piece penditure is so permitted shall be made with- Mr. MCCAIN. Mr. President, I am not of legislation, with possibilities for all out regard to— aware of any objection. In fact, I sup- other legislation, except one—health ‘‘(A) any provision of law which is not con- port the amendment. I will urge adop- care, the Patients’ Bill of Rights, guar- tained or referenced in this title or in a rev- tion of the amendment after the Sen- anteed protections for more than 160 enue Act; and ator from Kentucky speaks.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10824 CONGRESSIONAL RECORD — SENATE September 23, 1998 The PRESIDING OFFICER. The Sen- that are related to the existence of an emer- their ability to make their living for ator from Kentucky. gency referred to in subparagraph (A); and their families when there was not any Mr. FORD. I thank the Chair. There ‘‘(ii) not later than 60 days after the filing type of an emergency, there was not of an appeal under paragraph (1), make a is no objection to the distinguished final disposition of the appeal. any type of a hazard in their perform- Senator’s amendment on this side. ‘‘(3) If the Administrator determines, in ance in terms of their acting as a pilot. Mr. ROTH. I urge adoption of the the order, the existence of an emergency de- What we are trying to do is similar amendment. scribed in paragraph (2)(A), the appellant to what we did successfully a few years The PRESIDING OFFICER. Is there may request a hearing by the Board on the ago under the civil penalties provision, objection? Without objection, the issues of the appeal that are related to the and that is, insert into the process an amendment is agreed to. existence of the emergency. Such request unbiased source that will be able to The amendment (No. 3621) was agreed shall be made not later than 48 hours after participate in the process. In the case the issuance of the order. If an appellant re- to. quests a hearing under this paragraph, The of civil penalties, we had the NTSB to Mr. MCCAIN. Mr. President, I move Board shall hold the hearing not later than hear the cases after they have been to reconsider the vote by which the 48 hours after receiving that request.’’; and ruled on by the FAA. This has been amendment was agreed to. (2) in subsection (f), by inserting ‘‘by fur- working very well since that time. Mr. ROTH. I move to lay that motion ther order’’ after ‘‘the Administrator de- My amendment, as far as it addresses on the table. cides’’. the emergency revocation, addresses The motion to lay on the table was Mr. INHOFE. Mr. President, this the problem prudently by providing an agreed to. amendment is one that should not be airman—that is the pilot—48 hours PRIVILEGE OF THE FLOOR controversial. I can recall as recently after receiving an emergency revoca- Mr. FORD. Mr. President, I ask unan- as the Oshkosh meeting this last Au- tion order the opportunity to request a imous consent that Dan Alpert and gust where they voted—and we are hearing before the NTSB on the emer- Walter Dunn, fellows in the office of talking about 250,000 people who were gency nature of the revocation. This is Senator BINGAMAN, be granted the involved—to say this is the No. 1 issue not on the offense, this is on the emer- privilege of the floor during consider- for general aviation in America this gency nature as to whether or not this ation of S. 2279. entire year and perhaps for several would be an emergency. The NTSB The PRESIDING OFFICER. Without years. then has 48 hours to hear the argu- objection, it is so ordered. It has to do with a process that is ments. Within 5 days of the initial re- Mr. INHOFE addressed the Chair. very similar to something we went quest, the NTSB must decide if a true The PRESIDING OFFICER. The Sen- through a few years ago. When the emergency exists. During this time, ator from Oklahoma. FAA exercises its power to invoke an the emergency revocation remains in emergency revocation of a license, effect. AMENDMENT NO. 3620 they can do so for an indefinite period In other words, the certificate holder (Purpose: To provide for the immediate ap- of time and that person will lose that loses use of his certificate for a max- plication of certain orders relating to the amendment, modification, suspension, or license. In many cases, it may be this imum of 7 days. However, should the revocation of certificates under chapter 447 person’s only way of making a living. NTSB decide an emergency does not of title 49, United States Code) We have worked for several years to exist, then the certificate will be re- come up with some type of a com- turned to the certificate holder, and he Mr. INHOFE. Mr. President, I have promise that will allow an individual can continue to use it while the FAA an amendment at the desk, and I ask to recover his license in the event that pursues their revocation case against for its immediate consideration. it is shown there is nothing dangerous him. The PRESIDING OFFICER. The in the way that individual had been Keep in mind, no emergency exists, clerk will report. flying. It is very unfortunate that in nothing is done to impose a hazard on The bill clerk read as follows: any bureaucracy, there are a few peo- himself or the public. The Senator from Oklahoma [Mr. INHOFE] ple who will occasionally do something If the NTSB decides that an emer- proposes an amendment numbered 3620. that is not justified. gency does exist, then emergency rev- Mr. INHOFE. Mr. President, I ask I share with you, Mr. President, a ocation remains in effect and the cer- unanimous consent that the reading of case of an individual named Ted Stew- tificate holder cannot use his certifi- the amendment be dispensed with. art who had been employed by Amer- cate while the case is adjudicated. That The PRESIDING OFFICER. Without ican Airlines as a pilot for more than would revert back to the way the law is objection, it is so ordered. 12 years and presently serves as a Boe- today. That individual would not be The amendment is as follows: ing 767 captain. No complaints had ever able to fly. So all we are talking about At the appropriate place, insert the fol- been registered against him or his fly- is whether or not there is an emer- lowing: ing. gency nature in this case. SEC. ll. AMENDMENTS, MODIFICATIONS, SUS- In January of 1995, the FAA sus- Please do not misunderstand, in no PENSIONS, AND REVOCATIONS OF pended Mr. Stewart’s examining au- way do I want to suggest that the FAA CERTIFICATES. thority. And the reason? Possibly im- should not have emergency revocation Section 44709 of title 49, United States Code, is amended— proper issuing of ratings. He complied powers. I believe it is critical to safety (1) in subsection (e)— with the FAA request that he provide that the FAA can ground unsafe air- (A) by striking ‘‘When’’ and inserting ‘‘(1) log books and/or other reliable records men or other certificate holders. How- Except as provided in paragraph (2), if’’; and for inspections. On May 16, 1995, an ever, I also believe that the FAA must (B) by striking ‘‘However, if’’ and all that emergency revocation was issued, and be judicious in its use of the extraor- follows through the end of the subsection he lost his airman certificates. dinary power. and inserting the following: June 19, 1995, the National Transpor- The FAA will argue that because ‘‘(2) If the Administrator determines, in tation Safety Board Administrative emergency certificate actions are only the order, that an emergency exists and safe- ty in air commerce or air transportation re- Law Judge Mullins ruled in Mr. Stew- a small percentage of overall certifi- quires the order to be effective imme- art’s favor on all counts. In July of cate actions, there is no reason for this diately— 1995, the full NTSB upheld Judge concern. However, review of recent ‘‘(A) subject to subparagraph (B), the order Mullins’ initial decision. All pilot cer- emergency cases clearly demonstrates shall be in effect unless the Administrator is tificates were returned. I point out, a pattern by which the FAA uses their not able to prove to the Board, upon an in- this is almost 2 months after the rev- emergency powers far more frequently quiry of the Board, the existence of an emer- ocation. In January of 1996, he was than the circumstances warrant. gency that requires the immediate applica- awarded approximately 60 percent of For instance, of the emergency rev- tion of the order in the interest of safety in ocation orders issued during fiscal year air commerce and air transportation; and the money spent to defend himself. The ‘‘(B) the Board shall— FAA appealed the ruling and it is still 1990 through 1997, 50 percent occurred 4 ‘‘(i) not later than 5 days after the filing of pending before the full NTSB. months to 2 years after the violation an appeal under paragraph (1), make a dis- What I am getting at is, we have case occurred. In only 4 percent of the cases position concerning the issues of the appeal after case where individuals have lost was the emergency revocation issued

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10825 within 10 days or less of the actual vio- Mr. GRAMS. Thank you, and I again WENDELL H. FORD NATIONAL AIR lation. In fact, the median time lapse thank the Senator from Hawaii for al- TRANSPORTATION SYSTEM IM- between the violation and the emer- lowing me to make a brief statement. PROVEMENT ACT OF 1998 gency order was a little over 4 months. f The Senate continued with the con- That is 132 days, Mr. President. I sug- sideration of the bill. gest to you, how can that be considered TRIBUTE TO MURIEL HUMPHREY Mr. AKAKA. Mr. President, I support an emergency if nothing happened BROWN S. 2279, the Wendell H. Ford National until 132 days after the alleged viola- Mr. GRAMS. Mr. President, I rise Air Transportation System Improve- tion? ment Act of 1998. This measure will en- I think clearly at issue is what con- today to pay tribute to Muriel Hum- phrey Brown, who was the widow of the hance the safety and efficiency of our stitutes an emergency. Simply defined, air transportation system, upon which an emergency is ‘‘an unexpected situa- late Senator and Vice President Hubert the island state of Hawaii is uniquely tion or sudden occurrence of a serious Humphrey and known to many dependent. I am pleased that this and urgent nature that demands imme- throughout my state as Minnesota’s weighty legislation is named for the diate action.’’ Yet, as discussed above, ‘‘First Lady.’’ departing senior senator from Ken- the ‘‘urgent nature’’ of the revocation Mrs. Humphrey Brown passed away which ‘‘demands immediate action’’ on Sunday at the age of 86. Throughout tucky, whose contributions to aviation has more often than not occurred sev- her life, she remained steadfast in her are legion. I am especially supportive eral months previously. dedication to family and her interest in of Title VII of the bill which addresses There are far too many cases where politics. In her last public appearance, the issue of air tour operations at na- the FAA unfairly uses this necessary just 5 days before her death, she was on tional parks. Mr. President, Title VII of S. 2279 es- power to prematurely revoke certifi- hand to congratulate her son, Skip tablishes a comprehensive regulatory cates when the circumstances do not Humphrey, for winning the Minnesota framework for controlling air tour support such drastic action. DFL gubernatorial primary. traffic in and near units of the Na- Mr. President, I have other cases Many of my colleagues knew her, re- tional Park System. The legislation re- that I could drag out here and talk spected her, and join me in offering our about, such as the case of Bob Hoover. quires the Federal Aviation Adminis- heartfelt condolences to her husband, tration, in cooperation with the Na- I have had the privilege of flying in Max Brown, her sons Hubert, Doug and airshows with Bob Hoover for over 30 tional Park Service and with public Bob, her daughter Nancy, and the en- input from stakeholders, to develop an years. Bob Hoover—probably if you tire Humphrey family. were to ask anyone in the aviation air tour management plan (ATMP) for Muriel Humphrey Brown was born on parks currently or potentially affected community who the best pilot in Amer- February 20, 1912, in Huron, SD. After ica is, they would probably say Bob by air tour flights. marrying Hubert Humphrey, she be- Hoover. Yet he was the victim of the Under the ATMP process, routes, al- came a devoted mother and enthu- emergency revocation. We had to go to titudes, time restrictions, limitations siastically took on the role of a polit- bat for him, and we had literally thou- on the number of flights, and other op- ical wife. sands of letters from all over America erating parameters could be prescribed coming to the aid of Bob Hoover be- She played an active part in her hus- in order to protect sensitive park re- cause everybody knew there is nothing band’s numerous campaigns. After Hu- sources as well as to enhance the safe- wrong and nothing of an emergency na- bert’s death in 1978, Muriel was ap- ty of air tour operations. An ATMP ture to the revocation of his ability to pointed to his Senate seat, the same could prohibit air tours at a park en- fly. Senate seat that I am proud to hold tirely, regulate air tours within half a So, Mr. President, I feel that this today. By finishing out her late-hus- mile outside the boundaries of a park, being the No. 1 concern and issue of band’s term, Muriel Humphrey Brown regulate air tour operations that im- general aviation today—it is a sense of became Minnesota’s first and only fe- pact tribal lands, and offer incentives fairness issue, something that has male U.S. Senator and just the 12th for the adoption of quieter air tech- worked very well in the case of civil woman to serve in the U.S. Senate. In nology. An ATMP would include an en- penalties—it is one that I feel should fact, she was the only woman serving vironmental determination. be changed in the FAA regulations. in the Senate at that time. S. 2279 also creates an advisory group Mr. President, I yield the floor. In carrying out her husband’s Senate comprising representatives of the FAA, Mr. GRAMS addressed the Chair. term, Muriel Humphrey Brown was an Park Service, the aviation industry, The PRESIDING OFFICER. The Sen- inspiration to women throughout Min- the environmental community, and ator from Minnesota. nesota as she accepted the call to pub- tribes to provide advice, information, Mr. GRAMS. Mr. President, I ask lic service even in her time of great and recommendations on overflight unanimous consent I be allowed to personal loss. Rather than being known issues. speak as in morning business for up to simply as the wife of the most popular As embodied in the ATMP process, 5 minutes. politician in Minnesota, Muriel left her this bill treats overflights issues on a The PRESIDING OFFICER. Is there own mark on those issues of public pol- park-by-park basis. Rather than a one- objection? icy about which she felt so strongly. size-fits-all approach, the legislation Mr. FORD. Mr. President, I do not Her calm and gentle manner did not mean to end this, but we are getting to establishes a fair and rational mecha- mute her passionate voice on behalf of nism through which environmental and the point where we have amendments social programs, labor issues, and the up. And apparently no one wants to aviation needs can be addressed in the mentally disabled. She once described context of the unique circumstances vote tonight, but we would like to get her term in the Senate as, ‘‘the most our amendments up. And Senator that exist at individual national parks. challenging thing I have ever done in I am pleased that this procedural ap- AKAKA has remarks as it relates to the my whole life.’’ In 1979, she married legislation itself. I do not want to pre- proach, in addition to requirements for Max Brown and lived the rest of her vent—— meaningful public consultation and a Mr. GRAMS. This will be very brief. life out of the political spotlight. Her mechanism for promoting dialogue Mr. FORD. Fine. devotion to family and public service is among diverse stakeholders, mirrors Mr. GRAMS. I thank the Senator truly an inspiration to all Minneso- key elements of legislation—the Na- from Hawaii. I did talk to him and ask tans, and I am proud to say that her tional Parks Airspace Management if it was all right. legacy will remain. It is a special honor Act, cosponsored by my colleagues Mr. FORD. We are trying to move for me to hold the Senate seat she once Senator INOUYE and Senator FRIST— this legislation forward. And I did not held, in the Chamber where she served that I have promoted in the last three want to cut the Senator from Okla- with such grace, dignity, and honor. Congresses. homa off either. Thank you very much, Mr. President. Mr. President, adoption of this bill is The PRESIDING OFFICER. Without I yield the floor. essential if we are to address effec- objection, the Senator from Minnesota The PRESIDING OFFICER. The Sen- tively the detrimental impacts of air is recognized as in morning business. ator from Hawaii. tour activities on the National Park

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A formulate an overflights bill that pro- courage and skill, I have grown to ap- 1994 Park Service study indicated that motes aviation safety, enhances the vi- preciate him even more. nearly a hundred parks experienced ad- ability of legitimate air tour oper- Associated with that kind of piloting verse park impacts, and that number ations, and protects national parks skills is his dedication to aviation and has assuredly risen since then. Such from the most egregious visual and his tenacity associated with this issue growth has inevitably conflicted with noise intrusions by air tour helicopters specifically. I don’t agree with the the qualities and values of many park and other aircraft. Left unchecked, air amendment of the Senator, but I do be- units, in some instances seriously. tour activities can undermine the very lieve and I am convinced we can work While air tour operators often pro- qualities and resources that give value out something which will be agreeable, vide important emergency services, en- to a park; these must be protected. I because the Senator from Oklahoma hance park access for special popu- believe that the pending measure rea- does identify a problem. I don’t agree lations (e.g., the handicapped and el- sonably and prudently balances these with the Senator from Oklahoma that derly), and offer an important source of sometimes opposing considerations, it is as big a problem, but when some- income for local economies, notably and urge my colleagues to support this one like Mr. Hoover, who he just de- tourism-dependent areas such as Ha- legislation. scribed, is subjected to what he was waii, unregulated overflights have the That concludes my remarks, Mr. subjected to, then there is a problem. potential to harm park ecologies, dis- President. Before closing, however, I But I am just not convinced that the tress wildlife, and impair visitor enjoy- would like to recognize the staff of the remedy that the Senator from Okla- ment of the park experience. Unre- Commerce Committee—including John homa is prescribing is the proper rem- stricted air tour operations can also Raidt, Mike Reynolds, Charles Cham- edy. He certainly, in a very articulate pose a safety hazard to air and ground bers, Sam Whitehorn, and Ann fashion, describes the problem we need visitors alike. Choiniere—for their hard work in put- to work together and address. The FAA uses its emergency author- It is therefore vital that we develop a ting this legislation together. Ann ity only as a remedial measure when a clear, consistent national policy on Choiniere especially deserves mention certificate holder lacks the necessary this issue, one that equitably and ra- for her day-to-day management of this qualifications to hold the certificate, tionally prioritizes the respective in- issue. I would also like to recognize and the continued exercise of the privi- terests of the aviation and environ- former members of my own staff, Kerry leges of the certificate would be con- mental communities. Congress and the Taylor, Bob Weir, and Steve Opperman, trary to public safety in air commerce Administration have struggled to de- who made important contributions to or air transportation. All emergency velop such a policy since enactment of this issue. Steve in particular has suspensions are premised on a reason- the National Parks Overflights Act of served as an expert resource whose able suspicion as to the certificate 1987, Congress’s initial, but limited at- tireless, and largely unheralded con- holder’s qualifications. tempt to address the overflights issue. tributions have shaped the overflights FAA policy since approximately 1990 S. 2279 will finish where the 1987 Act debate in a major way. has generally been that an emergency left off, providing the FAA and Park I yield the floor. exists in which a certificate holder Mr. McCAIN. Before my dear friend Service with the policy guidance and lacks the technical qualifications, or from Hawaii leaves the floor, let me procedural mechanisms that are essen- the care, judgment, or responsibility to thank him for his kind words. As al- tial to balancing the needs of air tour hold an FAA certificate, and remains operators against the imperative to ways, he is too modest. For many years in a position to use the certificated preserve and protect our natural re- now he and I have worked together on skills. In such cases, the FAA has rea- sources. this issue. His dedication to the protec- soned that it intolerably threatens air Mr. President, the overflights provi- tion and preservation of Haleakala’s safety to permit pilots, aircraft me- sions of this bill are the product of and Hawaii’s volcanoes is notable. It is chanics, or air carriers, for example, to good faith efforts on the part of many noteworthy and it is in keeping with operate or repair aircraft when the groups and individuals. They include: his incredible dedication, passion and FAA has reasonably concluded that members of the National Parks Over- efforts on behalf of his Native Hawai- they do not possess the qualifications flights Working Group, whose con- ians, as well as all citizens of his most necessary to perform those functions. sensus recommendations form the beautiful State. If it is clear that a certificate holder underpinnings of this legislation; rep- I thank the Senator from Hawaii for will be unable to exercise the privileges resentatives of air tour and environ- his kind remarks. of the certificate, the FAA will not in- Mr. FORD. I associate myself with mental advocacy organizations such as voke an emergency suspension. Helicopter Association International the remarks of the distinguished chair- An emergency order is effective im- and the National Parks and Conserva- man, and thank my friend from Hawaii mediately upon issue, rather than tion Association; and, officials of the for his kind remarks about me person- being stayed pending conclusion of the FAA and Park Service, notably Park ally. It seems that more of these re- adjudicative process. An expedited ad- Ranger Wes Henry, the Park Service’s marks are coming as the days near the judication process is initiated since the long-serving point man on overflights, end, and maybe I won’t want the days certificate holder immediately loses who has served as the agency’s institu- to end, but I do thank my friend from his or her privileges. The FAA respects tional memory and conscience on this Hawaii very much. the privilege of holding a certificate, issue. AMENDMENT NO. 3620 but must ensure as its primary mission However, Title VII is above all the Mr. MCCAIN. Mr. President, I want the highest standards of aviation safe- product of the energy and vision of to go back to the amendment of the ty. Retaining authority to take imme- Senator JOHN MCCAIN. As the author of Senator from Oklahoma. I admire the diate action in emergency situations is the 1987 National Parks Overflights tenacity and commitment to aviation integral to the FAA’s ability to carry Act, Senator MCCAIN was the first to of the Senator. Also, I have had the out this mission. recognize the adverse impacts of air privilege of personally experiencing his While S. 842 would not limit the tours on national parks, and the first piloting skills while being with him in FAA’s ability to immediately revoke a to call for a national policy to address the great State of Oklahoma. Although certificate, it would complicate the this problem. Since then, he has em- I must admit that my willingness to process of appealing such an order by ployed his moral authority and legisla- ride in an airplane with him while he providing new avenues of appeal in ad- tive acumen impel progress on this was at the controls had more to do dition to those already existing. Cur- subject. For his leadership in writing with my conviction that because of my rently, a person subject to an emer- this bill and for his long advocacy of colorful history associated with avia- gency revocation order may appeal the

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But in all cases, the percent- choose to do this and even fewer pre- talking about safety to be very, very, age that Senator MCCAIN represented— vail. very serious about the recommenda- 2 percent or 1 percent—and then only 3 This amendment changes this proce- tions of those agencies that we entrust percent, from 1990 to 1997, of its en- dure for challenging the emergency na- with those responsibilities. forcement cases have they revoked cer- ture of a suspension. Rather than ap- Obviously, the NTSB is one of those. tificates. So I think it indicates that pealing to the Court of Appeals, the As the Senator from Kentucky will at- there is a concern on the part of FAA emergency nature of the revocation test, we have had the NTSB before our that they not do anything irrational, could be appealed to the NTSB. Under committees on many occasions—not but that they look at the cases thor- the amendment, the NTSB would have just aviation, but many others. They oughly and then make a judgment as it 5 days to decide whether it was really are comprised of very outstanding, relates to emergency authority only. an emergency. If the person does not knowledgeable people. Mr. Hall, in par- So I hope that the Senator from prevail before the NTSB, he or she ticular, has impressed us a great deal. Oklahoma will give us an opportunity would then be able to appeal to the I understand the Senator from Okla- to sit down and work with him. I hate U.S. Court of Appeals under the same homa will want a recorded vote. I want to be in opposition to all the amend- circumstances as currently exist. This to assure him that if he doesn’t prevail ments that are brought, but this is one risks placing substantial strain on lim- on this vote, I want to work with him that I will have to be opposed to and ited agency resources by creating a because he has cited serious examples would encourage my colleagues to vote right to appeal to the NTSB, when of abuse of power—or certainly injus- against if the Senator insists that we there is no demonstrable need for such tice, if not abuse of power. The Senator go on. change. from Oklahoma deserves, as those peo- He stops in my hometown on occa- Between 1993 and 1997 the FAA initi- ple who have not been fairly treated or sion, I say to my friend from Arizona, ated an average of only 2.55% of its where there is the appearance of unfair and buys gasoline from the chairman of total enforcement caseload as emer- treatment—I won’t allege that it actu- the Republican Party in my county. He gency actions. This average dem- ally happened, but certainly if there is is keeping the Republican Party going. onstrates the FAA’s commitment to an appearance of it, I want to work I want him to continue to fly over the using this authority only in those with him in getting something added in Owensboro stop and fill up with gaso- cases where the FAA finds that a seri- the bill to provide additional protec- line and keep our economy going. I ous question exists as to a certificate tions. At the same time, I hope that would not want him to not stop in holder’s qualifications, and no other whatever we do, we can achieve the Owensboro. I gave you a hometown rea- action will suffice to ensure the high- support and cooperation of both the son for us to try to help the Senator est standards of safety are maintained. FAA and the NTSB, which is not the from Oklahoma to work something Additionally, the FAA prevails on the case with this amendment. out. I look forward to him agreeing to vast majority of emergency actions be- I yield the floor. that. If not, I could not agree to a vote fore the NTSB, supporting its position Mr. FORD addressed the Chair. tonight. I am sure the Senator would that it has acted properly and not The PRESIDING OFFICER (Mr. not want one either. We would have to abused its authority. From 1990 ABRAHAM). The Senator from Ken- wait and set a time certain for tomor- through 1997, the FAA was reversed in tucky. row because I understand that his side only 2% of the cases in which emer- Mr. FORD. Mr. President, I join my has a little shindig tonight that they gency orders or revocation were issued, chairman in his remarks. I thought would like to get to. We will accommo- and in only 1% of the cases in which they were excellent and to the point. I date him as they accommodated us last emergency orders of suspension were agree with Senator MCCAIN that we night. We ought to reciprocate, under issued. ought to work with the Senator from the circumstances. The FAA opposes S. 842. The agency Oklahoma to see if we can get some- I yield the floor. argues that the bill does not alter what thing in the bill that will at least rec- Mr. INHOFE. Mr. President, first of may be appealed, merely who would ognize the problem that he has brought all, let me respond to the distinguished have jurisdiction of an appeal. The forth here this afternoon. Senator from Kentucky. I can assure FAA believes that S. 842 does not make As of now, I will join with my col- him that I will continue to stop in the process more effective or efficient, league and oppose Senator INHOFE’s Owensboro to get my gas as I fly. There but rather creates several new final amendment. It is my understanding is good reason for that; it is the cheap- agency decisions, all of which would be that GAO, FAA, and the Department of est gas between Tulsa, OK, and Na- subject to appeal in the Courts of Ap- Transportation IG have all looked at tional Airport. peals, which in turn would complicate FAA’s use of its emergency authority. Mr. FORD. We also have mighty fine and potentially prolong, not stream- There are only a few cases where the barbecue there, too. line, the process. FAA has been reversed. GAO found Mr. INHOFE. I eat at the Moonlight The FAA has stated that, even if the that FAA used its authority in only 3 Cafe, which is owned by the chairman bill is enacted, an equal number of percent of its enforcement cases from of the Democratic Party. emergency actions can be expected to 1990 to 1997. It shows a great deal of re- Mr. FORD. See, he is neutral. be issued with the only result being the straint that they only use it in cases Mr. INHOFE. Mr. President, I don’t additional strain on FAA and NTSB re- where they think it is an emergency. disagree with some of the statements sources in response to more appeals re- And, as my friend from Arizona has made here. I have a little different in- garding the existence of an emergency. said, most of those cases have been terpretation. I think the Senator from On the other hand, if the legislation re- upheld. So FAA must have the author- Arizona is correct when he says 2.55 sults in a significant enough strain on ity—must have the authority—to re- percent of those were of an emergency FAA resources that the agency is dis- voke certificates on an emergency nature. The numbers equate to about couraged from its current use of its basis. roughly 300 people. emergency authority, the FAA argues The National Transportation Safety Now, all too often, we stand down that it would permit allegedly unquali- Board, FAA, and GAO all oppose any here and say it is such a small number fied certificate holder to operate one to change. Beyond that, I think I will join that, if there is an injustice, it doesn’t two years or longer, while the non- with my friend from Arizona in trying affect that many people. I think that is emergency litigation is ongoing. In to work out something that might be probably true, but those individuals sum, the FAA does not believe that its satisfactory, rather than just to look who are affected, it is a matter of tak- actions and record before the NTSB at it a little closer than we have been ing away their livelihoods. I disagree

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10828 CONGRESSIONAL RECORD — SENATE September 23, 1998 with the way the system works. When I yield the floor. This decision is in direct conflict with I look at the average between the time AIRPORT PROTECTION FROM FORCED SCHEDULED the Colorado Supreme Court’s ruling of the alleged offense and the emer- SERVICE on the issue. It is the result of a loop- gency revocation, the average time of Mr. ALLARD. Mr. President, today I hole in a law that was not intended to those in this last entire year was 132 am speaking in support of an amend- force small airports to take on the re- days. I ask the question, How could ment to address a problem facing small sponsibility and burden of supporting there be an emergency nature to these reliever airports that do not accept scheduled service. revocations if it takes 132 days before scheduled service operations. Centen- Immediately following the announce- that license is revoked? nial Airport is a small reliever airport ment of the FAA’s decision, the owner I also comment on the extreme cases near Denver, Colorado, where oper- of Centennial Express was reported by that we bring out, such as the Ted ations consist primarily of small pri- the Denver Post to have plans to begin Stewarts and the Bob Hoovers. There vate chartered and business planes. A scheduled flights from Centennial Air- are many others out there like that. unique situation exists at Centennial port. Again, we are not talking about any- Airport involving certain charter serv- I have proposed legislation to rectify thing that is going to impair the safety ices and a loophole in the federal regu- this situation and uphold the authority of the flying public or the pilots be- lations governing scheduled flights. of airports like Centennial to ban all cause we are setting aside a process Centennial Airport is not certificated scheduled service if they choose to do whereby there are a certain number of for scheduled flight service. In fact, the so. This proposal allows a general avia- hours to appeal this to the NTSB. It Airport Authority, with strong local tion airport to deny access to a public goes back to using the same argument backing, has banned scheduled service charter operator that operates as a that was successfully used when we at Centennial. According to federal scheduled service, and clarifies that changed the rules having to do with law, the Federal Aviation Administra- such action would not be in violation civil penalties. With civil penalties, we tion cannot force any airport to be- of requirements for federal airport aid. argued that you can’t have just the come certificated. The airport is not This will not require any airport to do FAA be the judge and jury and appel- equipped with a terminal, baggage sys- anything, and it will not allow an air- late court; and, of course, it has tem, or passenger security. Further- port to discriminate against one sched- worked out very well since then. more, Denver International Airport is uled service operator and not another. While I respectfully disagree with my less than 25 miles from Centennial, and This measure, which is included in colleagues from Arizona and Kentucky, has the capacity to handle additional the manager’s amendment, is nearly I say that there is no interpretation scheduled service operations. identical to language that the House that can be put on my amendment that A situation arose more than three Commerce Committee has included in is going to do anything to make flying years ago when a company called Cen- its FAA Reauthorization Act. It would more hazardous, or to keep a person tennial Express Airlines, Inc. began prohibit the FAA from charging dis- from holding a certificate if there is an charter service at Centennial, but im- crimination if an airport chooses to emergency nature to the revocation. If mediately announced that the airline’s deny access to scheduled service opera- there is an emergency nature to the service would continue as scheduled tors. It will only apply to reliever air- revocation, as determined by the service. The Airport Authority sued ports that are not certificated under NTSB—and that is their job—then, of and the County District Court ordered Part 139 to handle scheduled service and airports within 35 miles of a large course, they will keep the certificate the flights stopped. In April of this hub airport. and that individual will not have the year the Colorado Supreme Court ruled ability to fly an airplane. I appreciate my colleagues’ support in favor of Centennial Airport for the rights of small airport authori- Let me just make one comment Authority’s ban. The Court cited the about the NTSB because, while it has ties and surrounding communities to safe operation of the airport as a pri- retain control over their airports. been stated that the NTSB and FAA ority, and upheld the airport’s discre- BANNING COMMERCIAL TOUR OVERFLIGHTS AT are both opposed to this amendment, I tion to prohibit scheduled passenger can assure you we talked as recently as ROCKY MOUNTAIN NATIONAL PARK service. Mr. President, I begin by thanking yesterday to Dan Campbell, the chief While this decision protected the air- counsel for the NTSB, and he says, no, Chairman MCCAIN and the other Com- port’s right to refuse scheduled service, mittee members for their efforts to it is natural that they generally don’t a similar situation recently arose with want a heavier workload than they mitigate the problems presented by another company, Colorado Connection scenic overflights at national parks. currently have. But he feels that this is Executive Air Services, and the result a fair approach, and they don’t have an Tour overflight disturbances are a has been detrimental for Centennial growing problem at a number of parks. official position against it. Airport. Does the FAA? Yes. I think any time This is an issue that I have been in- In 1997, Colorado Connection pro- volved in for the last four years, and I you are dealing with a bureaucracy—I posed to start public charter passenger don’t care if it is the IRS, the FDA, the recognize that other Members of Con- service pursuant to a regular and pub- gress have tried to address this issue. EPA, or the FAA, or any of the rest of lic schedule. Colorado Connection, them—they don’t like to give up any- While I support the plan put forth by which is entirely owned by Air One the Committee, I am offering an thing. This way, they would be giving Charter, tried using a combination of up part of this appellate process. This amendment to modify the overflights Department of Transportation and bill to address a specific Colorado is a matter of fairness. Federal Aviation Administration ex- I recognize that we will not be voting issue. I appreciate the Chairman’s will- emptions to offer scheduled service. until tomorrow. However, I ask for the ingness to work with me on this prob- Air One Charter indicated intent to yeas and nays. lem. market 6–12 daily flights to various The PRESIDING OFFICER. Is there a In particular, I am concerned that Colorado cities and to contract bag- sufficient second? helicopter sightseeing tours at Rocky There is a sufficient is second. gage services for their flights. Mountain National Park would seri- The yeas and nays were ordered. The Centennial Airport Authority ously detract from the enjoyment of Mr. INHOFE. I thank the Chair. unanimously voted to deny airport ac- other park visitors and would have a Mr. FORD. There we go. We are cess to Colorado Connection’s sched- negative impact on the resources and working together again. uled service. The vote took place in values of the park itself, and I worry Mr. INHOFE. That is right. April 1998 and a month later the FAA about the serious safety risks involved Mr. President, I will make one last initiated a Part 16 investigation. The with overflights in this area. comment. In the event that my amend- FAA claims that the Airport Rocky Mountain National Park is a ment will not prevail tomorrow, I look Authority’s move to deny service is un- relatively small park in the Rockies, forward, of course, to working with justly discriminatory. Recently, the about 70 miles from Denver. The park both the Senator from Kentucky and FAA issued a decision to pull federal receives nearly three million visitors the Senator from Arizona to try to funding for Centennial Airport if the each year, almost as many as Yellow- make it more workable. ban on scheduled service is not lifted. stone national park, which is eight

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10829 times its size. The park is easily acces- business community, including the ians; (2) permit the establishment of an ef- sible, yet continues to provide quiet, local Chambers of Commerce, as well fective international observer group in solitude, and remoteness to visitors, as the local environmental community. Kosovo; (3) allow refugees and displaced per- In 1995, one of our top Denver news- sons to return to their homes safely, under especially in the back country. Trail international supervision; (4) allow Ridge road provides a unique experi- papers editorialized that the FAA unimpeded access for humanitarian organi- ence for visitors that are not able to should make Rocky Mountain National zations and supplies; and (5) make rapid hike in the park. It is the highest Park off-limits to low-flying aircraft progress in the dialogue with the Kosovar paved highway in the United States, use, ‘‘the sooner the better.’’ Now, leadership. and crosses the park from east to west. three years later, we have finally taken While Ambassador Hill is to be commended Spectacular views of peaks and valleys the opportunity to place a permanent for his persistent diplomatic efforts, it is clear that the time has come for a more vig- can be seen from the road and nearby restriction on scenic overflights. orous and sustained high-level multilateral overlooks in every direction, similar to Mr. FORD. Mr. President, I suggest effort to pressure President Milosevic to what you could see during a helicopter the absence of a quorum. comply fully with Contact Group demands. I tour. Trail Ridge Road reaches above The PRESIDING OFFICER. The urge you therefore to proceed immediately the timber line and travels for 4 miles clerk will call the roll. with a series of steps designed to prevent the above 12,000 feet and for 11 miles above The assistant legislative clerk pro- looming humanitarian crisis and to prepare 11,000 feet. ceeded to call the roll. for possible implementation of more forceful Several problems are specific to this Mr. WELLSTONE. Mr. President, I options developed by NATO planners. These actions include: mountainous national park. The ele- ask unanimous consent that the order Moving forward now, under NATO aus- vation of the Park does not allow for a for the quorum call be rescinded. pices, with the pre-deployment phase of large minimum altitude to minimize The PRESIDING OFFICER. Without NATO military plans on Kosovo, including noise, therefore, according to the Na- objection, it is so ordered. securing base rights agreements in the re- gion, immediately assessing the contribu- tional Park Service, natural quiet is f unlikely if overflights are permitted at tions of each NATO member in the event PRIVILEGE OF THE FLOOR military action is necessary, and then for- all. The terrain, consisting of many ward-deploying appropriate levels of NATO 13,000 foot peaks and narrow valleys, Mr. WELLSTONE. Mr. President, I military forces and equipment, thus pre- coupled with unpredictable weather ask unanimous consent that John paring us to take any appropriate military presents serious safety concerns. Also, Bradshaw, who is a fellow in my office, action that may be necessary to secure Serb the unique terrain of Rocky Mountain be allowed to be on the floor for the du- compliance with Contact Group demands, National Park would cause air traffic ration of this statement. and with international law regarding the to cumulate over the popular, lower The PRESIDING OFFICER. Without treatment of Kosovar civilians; objection, it is so ordered. Bolstering border security efforts through portions of the park as pilots are forced preventive NATO force deployments which to navigate around the dangerous Mr. WELLSTONE. I thank the Chair. can increase regional stability and assist in peaks and high winds. Not only would f international monitoring and anti-arms the overflights be concentrated di- KOSOVO smuggling efforts; rectly over the most popular portions Leading an immediate multilateral effort, of the park, but more powerful, and Mr. WELLSTONE. Mr. President, I at the United Nations and through regional louder, helicopters must be used to ask unanimous consent that a letter bodies like the European Union, to tighten which I sent to the President about the existing sanctions regime on Serbia, and achieve the necessary lift at a high al- to re-impose the trade embargo, total Kosovo be printed in the RECORD. titude. airflight and investment bans, and other Rocky Mountain National Park has There being no objection, the mate- sanctions lifted after signing of the Dayton been fortunate enough to be free from rial was ordered to be printed in the Peace Accords, coupled with renewed en- overflights to this point, partially be- RECORD, as follows: forcement initiatives to prevent the flour- cause local towns have discouraged SEPTEMBER 22, 1998. ishing of black markets under a full embar- companies that might provide such President BILL CLINTON, go; The White House, Accelerating U.S. and NATO logistical sup- services. Last year the FAA issued a port for the ongoing international humani- temporary ban on sightseeing flights Washington, DC. DEAR MR. PRESIDENT: As NATO Defense tarian aid effort in Kosovo, including pre-de- over Rocky Mountain National Park. Ministers, including Secretary Cohen, gather ployment of humanitarian supplies in In light of these distinctive qualities, in Portugal this week to consider the situa- Kosovo in anticipation of winter distribu- one can assess that the best solution to tion in Kosovo, I write to express my deep tions by NGOs—but only in a way which overflight disturbance is a ban on com- concern over the growing humanitarian cri- avoids absolutely the prospect of a repeat of mercial tour flights at Rocky Moun- sis there. Unless immediate and determined the disgraceful ‘‘safe haven’’ disaster of action by the U.S. and our western allies is Srebenica; tain National Park. My proposed ban Pressing for more extensive access for taken to address this situation, it is clear we will apply to commercial tour over- human rights monitoring in Kosovo by inter- will begin to face a catastrophic loss of civil- flights only, with exceptions granted nationally-recognized organizations, includ- ian lives with the onset of winter in the re- for emergency flights and commercial ing the Organization for Security and Co- gion as early as mid-October. operation in Europe, and non-governmental airlines and private planes. Both the Despite tight constraints on their report- monitors, and providing appropriate support senior Senator from Colorado and I are ing by the government of Serbia, the western strongly behind this effort to perma- and assistance for their efforts; media daily offers new reports on the rapidly Encouraging the International Criminal nently ban overflights at the park. deteriorating situation there. Candid assess- Tribunal for the Former Yugoslavia imme- A ban would be completely con- ments by Administration officials acknowl- diately to send its Chief Prosecutor to Bel- sistent with the recommendations of edge the growing crisis. Systematic and bru- grade and Kosovo; increasing aid and intel- the overflights task force. There has tal military action by Serbian forces, accel- ligence support to the Tribunal; and assist- been public involvement and prepara- erated during their summer-long offensive ing them in placing forensics teams on the tion of an air tour management plan. against UCK forces, has forced an estimated ground there, thus signaling to all parties 300,000 or more ethnic Albanians to flee their that the Tribunal is committed to pros- There is no need to repeat the steps re- homes. While many have fled as refugees to quired under this legislative proposal ecuting war crimes committed in Kosovo, in- neighboring countries, most of these dis- cluding attacks on innocent civilians, and at Rocky Mountain National Park. placed persons remain inside Kosovo and are has begun to actually gather evidence to A commercial tour overflight ban has now vulnerable to exposure, starvation, dis- support potential indictments against per- wide spread support throughout my ease and further Serb military attack. I un- petrators—and their commanders and polit- state. State and local officials in areas derstand that Assistant Secretary for Refu- ical leadership to whom they answer; adjacent to the park strongly support a gees Julia Taft concluded during her recent I believe it is essential that these actions ban on overflights. In fact, local ordi- visit there that over 210 villages in the re- be taken as quickly as possible. We must act nances already exist to protect the gion have already been looted, and many now, before the onset of winter in Kosovo, to torched, by Serbian security forces. prevent a potential humanitarian tragedy of quiet at the Park. The entire Colorado Serbia has failed utterly to comply with historic proportions. I also recognize that delegation and Colorado’s Governor are the persistent demands of the Contact Group these steps in themselves may not be suffi- on record in support of an overflight to: (1) cease attacks on civilian populations, cient to force Serbia to comply with the Con- ban. My proposal is supported by the and withdraw its forces used to repress civil- tact Group’s demands in a timely manner,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10830 CONGRESSIONAL RECORD — SENATE September 23, 1998 and that further NATO military actions may civilians; (2) permit the establishment and equipment, thus preparing us to need to be considered if the situation in of an effective international observer take any appropriate military action Kosovo has not substantially improved, the group in Kosovo; (3) allow refugees and that may be necessary to secure Serb massacres of civilians continues, and displaced persons to return to their compliance with Contact Group de- unimpeded access for humanitarian relief workers has not be granted. homes safely, under international su- mands, and with international law re- Thanks you for your consideration. pervision; (4) allow unimpeded access garding the treatment of Kosovar citi- Sincerely, for humanitarian organizations and zens; bolstering border security efforts PAUL D. WELLSTONE, supplies; and (5) make rapid progress in through preventive NATO force deploy- United States Senator. the dialogue with the Kosovar leader- ments which can increase regional sta- Mr. WELLSTONE. Mr. President, I ship. bility and assist in international moni- thank my colleagues who have come to In recent days there have been some toring and anti-arms smuggling efforts; the floor today to speak about Kosovo positive developments in the UN Secu- leading an immediate multilateral ef- for their words. rity Council and in NATO which indi- fort, at the United Nations and through Mr. President, I rise to call for ur- cate that those organizations may be regional bodies like the European gent Presidential action to forestall a ready to take necessary action. The Se- Union, to tighten the existing sanc- humanitarian catastrophe in Kosovo. curity Council is contemplating a reso- tions regime on Serbia, and to re-im- Unless immediate and determined ac- lution stating that the situation in pose the total airflight and investment tion by the U.S. and our western allies Kosovo ‘‘constitutes a threat to peace bans, and other sanctions lifted after is taken to address this situation, it is and security’’ that impels the council signing of the Dayton Peace Accords, clear we will begin to face a massive to demand an immediate cease-fire. and to consider reimposing the trade loss of civilian lives with the onset of This demand would be in accordance embargo, coupled with renewed en- winter in the region as early as mid- with Chapter 7 of the UN charter. forcement initiatives to prevent the October. There are indications that Russia may flourishing of black markets under a The western media offers new reports be willing to support this resolution. full embargo; accelerating U.S. and daily on the rapidly deteriorating situ- The resolution does not call for the use NATO logistical support for the ongo- ation there. Candid assessments by Ad- of force, but I note that Chapter 7 au- ing international humanitarian aid ef- ministration officials acknowledge the thorizes the use of armed force by fort in Kosovo, including pre-deploy- growing crisis. Systematic and brutal NATO members to compel compliance ment of humanitarian supplies in military action by Serbian forces, ac- with the council’s orders. Kosovo in anticipation of winter dis- celerated during their summer-long of- Parallel progress is being made at tribution by NGOs—but only in a way fensive against UCK forces, has forced NATO headquarters in Brussels where which avoids absolutely the prospect of an estimated 300,000 or more ethnic Al- the U.S. has asked the North Atlantic a repeat of the disgraceful ‘‘safe banians to flee their homes. In recent Council to canvass member countries haven’’ disaster of Srebenica; pressing weeks Serb forces have shelled entire to determine which countries are will- for more extensive access for human villages, not just rebel positions, forc- ing to provide personnel and equipment rights monitoring in Kosovo by inter- ing more civilians to flee. While many to military operations in Kosovo. This nationally recognized organizations, have fled as refugees to neighboring action will be useful in precipitating including the Organization for Security countries, most of these displaced per- consultations between NATO govern- and Cooperation in Europe, and non- sons remain inside Kosovo and are now ments and their respective parliaments governmental monitors, and providing vulnerable to exposure, starvation, dis- and bringing into the open the debate appropriate support and assistance for ease and further Serb military attack. on military options. their efforts; and encouraging the I understand that Assistant Secretary I applaud these developments and International Criminal Tribunal for of State for Refugees Julia Taft con- call on the UN and NATO to accelerate the Former Yugoslavia immediately to cluded during her recent visit there them. send its Chief Prosecutor to Belgrade that over 210 villages in the region I also want to commend U.S. Ambas- and Kosovo; increasing aid and intel- have already been looted, and many sador Chris Hill for his persistent dip- ligence support to the Tribunal; and as- torched, by Serbian security forces. lomatic efforts. The U.S. should con- sisting them in placing forensics teams With winter approaching, inter- tinue to work toward a political solu- on the ground there, thus signaling to national relief agencies now fear that tion to this problem along the lines all parties that the Tribunal is com- tens of thousands of refugees without pursued by Ambassador Hill. At the mitted to prosecuting war crimes com- food or shelter could face death. By same time, though, we must also pro- mitted in Kosovo including attacks on some estimates there are 50,000 to ceed with a more vigorous and sus- innocent civilians, and has begun to ac- 100,000 people in Kosovo living out in tained high-level multilateral effort to tually gather evidence to support po- the open, without any shelter. Unless pressure President Milosevic to comply tential indictments against perpetra- they can return to their homes or be fully with Contact Group demands. tors—and their commanders and polit- provided adequate shelter within the Mr. President, I want to outline some ical leadership to whom they answer. next few weeks they may die of expo- steps that I hope the administration I believe it is essential that these ac- sure. will proceed with. tions be taken as quickly as possible. Our respected former colleagues Sen- I urge the Administration therefore We must act now, before the onset of ator Bob Dole recently returned from to proceed immediately with a series of winter in Kosovo, to prevent a poten- Kosovo warning that there is a ‘‘human steps designed to prevent the looming tial humanitarian tragedy of historic catastrophe in the making.’’ President humanitarian crisis and to prepare for proportions. I also recognize that these Clinton said last week that there is a possible implementation of more force- steps in themselves may not be suffi- potential for a ‘‘major humanitarian ful options developed by NATO plan- cient to force Serbia to comply with disaster’’ in Kosovo and that it is ‘‘im- ners. the Contact Group’s demands in a portant that we move as quickly as I urge the administration today on timely manner, and that further NATO possible with our allies to avert a trag- the floor of the U.S. Senate to proceed military actions may need to be con- edy.’’ The President cautioned: ‘‘We immediately with these steps. sidered if the situation in Kosovo has don’t want a repeat of Bosnia.’’ These actions include: Moving for- not substantially improved, the mas- The President is right. We cannot ward now, under NATO auspices, with sacres of civilians continues, and wait any longer to take more vigorous the pre-deployment phase of NATO unimpeded access for humanitarian re- action to force Serbia to cease making military plans on Kosovo, including se- lief workers has not been granted. this crisis worse and to allow necessary curing base rights agreements in the Mr. President, again, I thank my col- humanitarian relief into the area. Ser- region, immediately assessing the con- leagues who have spoken today on this bia must comply with the persistent tributions of each NATO member in matter. I do think it is important that demands of the Contact Group: (1) the event military action is necessary, we speak out. I think in the last couple cease attacks on civilian populations, and then forward-deploying appro- of days we have seen positive develop- and withdraw its forces used to repress priate levels of NATO military forces ments in the U.N. Security Council and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10831 NATO which indicate that these orga- caring toward the great Senator Hu- SEC. . AUTOMATED SURFACE OBSERVATION nizations may be ready to take nec- bert Humphrey, a really fine Senator— SYSTEM STATIONS. The Administrator of the Federal Aviation essary action. But I wanted to outline the first woman to serve in the Senate Administration shall not terminate human today some options which I believe we from the State of Minnesota in her own weather observers for Automated Surface need to consider and which I think will right—and, I think most important of Observation System stations until— communicate a message to Milosevic all, a wonderful, wonderful model for (1) the Secretary of Transportation deter- that we are deadly serious; to talk ac- public service. It is a great loss for mines that the System provides consistent tually about taking military action is Minnesota. It is a great loss for our reporting of changing meteorological condi- very serious. It is always the last op- country. Muriel Humphrey will be a tions and notifies the Congress in writing of that determination; and tion. But I believe, at the minimum, we very special person to all of us in Min- (2) 60 days have passed since the report was can do some predeployment phases of nesota for many years to come. We will submitted to the Congress. NATO military plans. never forget her. AMENDMENT NO. 3625 I think we can bolster some of our I yield the floor. (Purpose: To provide that communities par- border security efforts. I think we can f ticipating in the community-carrier air tighten the sanctions regime on Serbia. service program will be selected from all WENDELL H. FORD NATIONAL AIR I think we can accelerate United regions of the country) TRANSPORTATION SYSTEM IM- States and NATO logistical support for On page 147, line 4, after ‘‘program.’’ insert PROVEMENT ACT OF 1998 international humanitarian aid efforts the following: ‘‘For purposes of this sub- in Kosovo. I think we can press for The Senate continued with the con- section, the application of geographical di- sideration of the bill. versity criteria means criteria that— more extensive access for human rights ‘‘(1) will promote the development of a na- monitoring by some internationally AMENDMENTS NOS. 3623, 3624, AND 3625, EN BLOC tional air transportation system; and recognized organizations. And I think The PRESIDING OFFICER. The Sen- ‘‘(2) will involve the participation of com- we can make it clear that we are going ator from Arizona. munities in all regions of the country.’’. to give the International Criminal Tri- Mr. MCCAIN. On behalf of Senator Ms. SNOWE. Mr. President, I thank bunal all the support it needs as well. SNOWE, I send three amendments to the the Chairman, Senator MCCAIN, and None of this may be enough—I want desk and ask unanimous consent that the ranking member, Senator FORD, for to say this one more time in this they be considered en bloc. their assistance with my three amend- Chamber. None of these steps may be The PRESIDING OFFICER. The ments. sufficient to force Serbia to comply clerk will report the amendments. One way that the FAA reauthoriza- with the contact group’s demands in a The assistant legislative clerk read tion bill will improve the nation’s air timely manner and further military ac- as follows: service is through the new Community tion may be necessary. But if these ac- The Senator from Arizona [Mr. MCCAIN], Carrier Air Service Program. This pro- tions are not taken as quickly as pos- for Ms. SNOWE, proposes amendments en bloc gram will provide assistance to com- sible, we are—Senator Dole is right— numbered 3623, 3624 and 3625. munities so that underserved markets going to see a humanitarian crisis of The amendments are as follows: can attract carriers. The Secretary of Transportation will tragic proportions. We are going to see AMENDMENT NO. 3623 select communities to participate in a lot of men, women and children who (Purpose: To provide increased civil pen- are going to die unless we take action. alties for violation of the prohibition this program based on geographic di- I yield the floor. against discrimination against handi- versity and other unique circumstances Mr. FORD. Mr. President, we are capped individuals, and for other purposes) that presently hinder communities about—— On page 121, line 1, strike ‘‘INTER- from attracting adequate air service. It Mr. WELLSTONE. Mr. President, NATIONAL’’. is important to note that the intent of could I ask my colleague for his indul- On page 121, line 3, before ‘‘The’’ insert ‘‘(a) this language is to ensure that partici- gence for 2 minutes? ESTABLISHMENT OF HIGHER INTERNATIONAL pation in the program will promote the Mr. FORD. I have no objection. STANDARDS.—’’. development of a national air transpor- Mr. WELLSTONE. I know it is the On page 121, between lines 9 and 10, insert tation system. And my amendment end of the day and colleagues are anx- the following: will ensure that it involves the Trans- (b) INCREASED CIVIL PENALTIES.—Section ious to go home. 46301(a) is amended by— portation must ensure this diversity so Mr. FORD. Mr. President, we are try- (1) inserting ‘‘41705,’’ after ‘‘41704,’’ in para- that every region of the nation can ing to wrap up the aviation bill. graph (1)(A); and benefit from the program. Mr. WELLSTONE. I am sorry. (2) adding at the end thereof the following: An important provision for Maine’s Mr. FORD. We gave the Senator time ‘‘(7) Unless an air carrier that violates sec- pilots is included in my amendment on off the aviation bill. We have some tion 41705 with respect to an individual pro- the ASOS program. This amendment amendments. vides that individual a credit or voucher for requires that the Federal Aviation Ad- Mr. WELLSTONE. I did not realize the purchase of a ticket on that air carrier ministration retain human observers that. or any affiliated air carrier in an amount at the automated surface transpor- (determined by the Secretary) of— Mr. FORD. But the 2 minutes are ‘‘(A) not less than $500 and not more than tation system stations which have had fine. $2,500 for the first violation; or a high rate of reporting error. The lan- Mr. WELLSTONE. I thank the Sen- ‘‘(B) not less than $2,500 and not more than guage in the amendment requires the ator. $5,000 for any subsequent violation, that air FAA to correct the problems and no- f carrier is liable to the United States Govern- tify Congress that the problems have ment for a civil penalty, determined by the been solved before it can remove a SENATOR MURIEL HUMPHREY Secretary, of not more than 100 percent of human observer from an ASOS station. Mr. WELLSTONE. I want to mention the amount of the credit or voucher so deter- ASOS is an automatic weather ob- to my colleague from Kentucky that mined. For purposes of this paragraph, each servance system which uses electronic tomorrow in Minnesota we are going to act of discrimination prohibited by section 41705 constitutes a separate violation of that sensors, computers and display units to have a service for Muriel Humphrey— section.’’. detect weather. It is fully automated Senator Humphrey. Both Humphreys On page 89, strike the item relating to sec- and computerized and is intended to re- were Senators. I wish to express the ap- tion 507 and insert the following: place human observers of on-the- preciation, love and affection all of the Sec. 507. Higher standards for handicapped ground weather conditions in specific people of Minnesota feel toward the access. locales. Information from ASOS sen- Humphrey family. AMENDMENT NO. 3624 sors are transmitted to a computer, Much has been written about Muriel (Purpose: To require human weather observ- and users, like pilots, can call a special Humphrey. I had a chance to get to ers for ASOS stations until the automated phone number or tune into a special meet her. I did not know her nearly as system reports consistently on changing radio frequency to obtain information. well as other Minnesotans, but I can conditions) ASOS is intended to make weather tell you she was a wonderful person, At the appropriate place, insert the fol- information collection and dissemina- very caring toward her family, very lowing new section: tion more cost-effective by replacing

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10832 CONGRESSIONAL RECORD — SENATE September 23, 1998 the human element with electronics. Mr. MCCAIN. Mr. President, I under- legislation. We have worked awfully The problem is that in the northern stand that these amendments have hard on our side. We have been able to tier states, such as Maine, the ASOS been cleared on both sides. I support clear up two or three that we worked system has problems discerning certain them. on pretty hard. The Snowe amend- weather conditions. For example, sleet Mr. FORD. Mr. President, I have no ments we have agreed to, the technical falls faster than snow so ASOS records objections and support the three corrections amendment we agreed to, it as rain and recently heavy smoke amendments of the Senator from and those have been taken care of. from Canadian forest fires caused the Maine, Ms. SNOWE. So we are moving on, even though it ASOS at the Houlton airport to report The PRESIDING OFFICER. There does not appear there is much action heavy fog at the airport. Needless to being no further discussion on the on the floor. Once the legislation is be- say, flying through fog is very different amendments, without objection, the fore the Senate, a vacuum is created. I than flying through smoke. This is a amendments are agreed to. learned that a long time ago. You may very serious matter and could result in The amendments (Nos. 3623, 3624, and not have everything put together, but life threatening problems if a pilot 3625) were agreed to. once you get started it creates a vacu- does not have the proper weather infor- Mr. MCCAIN. Mr. President, I move um, and I think we are on our way to mation. to reconsider the vote. being able to pass this piece of legisla- The ASOS systems in Maine have Mr. FORD. I move to lay that motion tion sometime tomorrow. been very unreliable. The station in on the table. The PRESIDING OFFICER. The Sen- Houlton recorded more than 1,400 mis- The motion to lay on the table was ator from Arizona. takes in one year. A letter from the agreed to. Mr. McCAIN. Mr. President, we are FAA dated May 26, 1998, to you admits AMENDMENT NO. 3626 awaiting the approval from the cloak- the problems with the system. (Purpose: To make technical corrections in rooms of this list. So while we are My third amendment increases fines the managers’ amendment) awaiting that, I suggest the absence of for those airlines which chose to dis- Mr. MCCAIN. Mr. President, on be- a quorum. criminate against the handicapped. Al- half of myself and Senator FORD, I send The PRESIDING OFFICER. The though the airlines have been working an amendment to the desk. clerk will call the roll. to improve their treatment of the The PRESIDING OFFICER. The The legislative clerk proceeded to handicapped, there have been some in- clerk will report the amendment. call the roll. cidents which warrant a sizable fine by The assistant legislative clerk read Mr. MCCAIN. Mr. President, I ask the Department of Transportation. as follows: unanimous consent that the order for For example, one of my constituents, The Senator from Arizona [Mr. MCCAIN], the quorum call be rescinded. Ms. Alice Conway, of Portland, Maine for himself and Mr. FORD, proposes an The PRESIDING OFFICER (Mr. was returning from Mexico in 1994 after amendment numbered 3626. GREGG). Without objection, it is so or- attending a disabilities related con- Mr. FORD. Mr. President, I ask unan- dered. ference. Her story is a very unfortu- imous consent that reading of the UNANIMOUS CONSENT AGREEMENT nate one and clearly illustrates the amendment be dispensed with. Mr. MCCAIN. Mr. President, I ask need for penalties which will deter such The PRESIDING OFFICER. Without unanimous consent that the following treatment by the airlines and their em- objection, it is so ordered. amendments be the only amendments ployees. The amendment is as follows: in order to S. 2279, that they be subject The problem began for Alice in Mex- On page 48 of the managers’ amendment, to relevant second-degree amendments, ico City. There a mechanical problem strike ‘‘additional’’ in line 12, line 16, and and that they be considered under time forced a 45 minute delay in departure. line 23. agreements where listed, and that any While other passengers were able to Mr. MCCAIN. Mr. President, this second-degree amendment be accorded exit the plane, nobody offered to help amendment is in the nature of tech- the same time as the first degree to Ms. Conway off the plane. After the nical corrections, and I ask for its im- which it is offered, and that the pre- flight finally got underway, Ms. mediate consideration. vious requirement of relevancy be in Conway, who is paraplegic, asked to The PRESIDING OFFICER. There effect. use the aisle chair in order to visit the being no further debate, without objec- The following is the list of the restroom. Ms. Conway was denied ac- tion, the amendment is agreed to. amendments: McCain-Ford amend- cess to the restroom because the chair The amendment (No. 3626) was agreed ment, a managers’ amendment; McCain had been forgotten. amendment which is relevant, 5 min- At one point of the flight, the plane to. Mr. MCCAIN. Mr. President, I move utes equally divided; Hollings amend- landed in Indianapolis. On the ground ment, relevant, 5 minutes equally di- there, the flight attendants refused to to reconsider the vote. Mr. FORD. I move to lay that motion vided; Gorton, relevant amendment, 5 bring her a chair and denied her any minutes equally divided; Ford, rel- assistance which would have allowed on the table. The motion to lay on the table was evant, 5 minutes equally divided; her to visit the restroom. As the flight agreed to. Bingaman, overflights, bolster Native traveled to Chicago, she asked is she Mr. MCCAIN. Mr. President, shortly Americans’ role, 30 minutes equally di- could scoot along the aisle of the air- we will have a list of agreed upon vided; Boxer amendment, relevant; craft to get to the restroom, a flight amendments for tomorrow. We do not Daschle, two relevant amendments; attendant told her that sitting in the DeWine, SOS, 10 minutes equally di- aisle was illegal and if she did so, she have time agreements on those amend- vided; Dorgan, regional jet tax incen- would be arrested when they landed. ments, I am sorry to say, but we at Finally, after seven hours of travel, least have the list narrowed down, and tives, 2 hours equally divided; Dorgan, an attendant gave her a blanket and a I am confident we are now approaching mandatory interline and joint fare bottle so that she could empty her co- the point where there are probably agreements, 2 hours equally divided; lostomy pouch while sitting in her only two or three controversial amend- Faircloth, SOS, 5 minutes equally di- seat. ments. vided; Feinstein, National Airport pe- She had to empty her colostomy My friend from Kentucky can correct rimeter slots; Harkin, relevant; Har- pouch in her seat! me, but I think the majority leader, in kin, slots; Inhofe, FAA emergency rev- How can any of us condone such be- consultation with the Democratic lead- ocation power—and, Mr. President, havior? Thankfully, this bill contains er, will decide at what time the vote on that is the pending amendment No. language that will create stiff pen- the Inhofe amendment will take place. 3620, the Inhofe amendment on FAA alties for those who violate the law. Mr. FORD. The Senator is correct. emergency revocation power; Landrieu, Again, I thank the Senator from Ari- And I am more than willing to work relevant amendment; Lott, relevant zona and the Senator from Kentucky out whatever time is agreeable to the amendment; Moynihan, airport im- and their staff for their assistance in two leaders. I agree with my friend provement, 1 hour equally divided; Mi- coming to agreement on these three that we need to move on. We are down kulski-Sarbanes, three amendments, amendments. to just very few votes on this piece of Reagan National, slots, and perimeter

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10833 rule, 30 minutes equally divided for can do it. We are here. Our staff is ualties on the battlefield due to the each of these three amendments; Roth, available. We are very amenable right misfortunes of war; it is quite another reintroduce title VIII to bill, 5 minutes now and probably more so tomorrow; thing to inflict on American service equally divided— but toward noon and a little after we men and women unnecessary wounds Mr. FORD. That has been taken care may get intolerable. So let’s hope we caused by a lack of foresight and plan- of. can do things early in the morning ning. That is unacceptable. Mr. McCAIN. That amendment would after our first vote. Unfortunately, what the GAO discov- be removed. I thank the Chair and thank my col- ered is that, as far as chemical weapons Thompson, criminal penalties for air- league. and chemical battlefields are con- men who fly without a certificate; Mr. MCCAIN. Mr. President, just for cerned, the United States military is Torricelli-Lautenberg, Quiet Commu- the record, I want to make it clear that still in Cold War mode. DOD’s focus in nities Act, 1 hour equally divided; these are first-degree amendments this area is still to enable U.S. forces Torricelli, relevant; D’Amato-Moy- only. to survive, fight, and win in the dread- nihan, DOT issue 70 slot exemptions at The PRESIDING OFFICER. The ed all-out nuclear, biological, and JFK Airport, New York, 10 minutes RECORD will so reflect. chemical battlefields of the Cold War. equally divided; Lott-Frist-Moynihan DOD has no strategy to address low- f amendment, limit eligible airport size level exposures to chemical warfare for regional jet section, and Reagan MORNING BUSINESS agents. None. Nada. Zip. Despite the fact that existing DOD-conducted re- National commuter slots, 10 minutes Mr. MCCAIN. Mr. President, I ask search indicates that low-level expo- equally divided; Reed of Rhode Island, unanimous consent that there be a pe- sures to some chemical warfare agents noise at Rhode Island airport, 15 min- riod for the transaction of routine may result in adverse short-term per- utes equally divided; Reed of Rhode Is- morning business with Senators per- formance and long-term health effects, land, code-sharing notice, 15 minutes mitted to speak for up to 5 minutes the Department of Defense has not equally divided; Robb, Reagan National each. stated a policy or developed doctrine Airport, slots and perimeter rule, 1 The PRESIDING OFFICER. Without on the protection of troops from low- hour equally divided; Warner, prohibit objection, it is so ordered. new Reagan National slots and perim- level exposures to chemical warfare eter rule exemptions until MWAA f agents on the battlefield. Apparently, nominees confirmed by the Senate, 1 ACKNOWLEDGMENT OF SENATOR DOD prefers to concentrate on ‘‘win- hour equally divided; Warner, notice, HAGEL’S 100TH PRESIDING HOUR ning,’’ and hand off any chemical cas- comment and hearings before pro- ualties to the Department of Veterans Mr. LOTT. Mr. President, I have the ceeding with Reagan National slots and Affairs with a ‘‘no longer my business’’ pleasure to announce that Senator perimeter rule exemptions, 1 hour attitude. I think we need to look at the CHUCK HAGEL is the latest recipient of equally divided; Domenici amendment bigger picture and give the safety of the Senate’s golden gavel award, mark- regarding Taos; D’Amato, travel our military personnel the consider- ing his 100th hour of presiding over the agents, 20 minutes equally divided; ation they certainly deserve. U.S. Senate. Coats, Reagan National Airport slots; Even in the wake of disclosures by The golden gavel award has long- Daschle, relevant. DOD that approximately 100,000 U.S. served as a symbol of appreciation for Mr. FORD. McCain-Ford managers’ troops might have been exposed to the time that Senators contribute to amendment. some harmful level of chemical nerve presiding over the U.S. Senate—a privi- Mr. MCCAIN. I did that at the start. and blister agents resulting from the The PRESIDING OFFICER. Without leged and important duty. Since the destruction of a single Iraqi munitions objection, it is so ordered. 1960’s, Senators who preside for 100 dump, less than two percent of DOD’s Mr. McCAIN. Before I proceed fur- hours have been recognized with this chemical and biological defense re- ther, I do want to say that although it coveted award. search and development program funds looks like there are a lot of amend- On behalf of the Senate, I extend our have been allocated to low-level chem- ments, we are working out agreements sincere appreciation to Senator HAGEL ical exposure issues in the two years on almost all of them. So I urge my and his diligent staff for their efforts since those disclosures. DOD claims colleagues to get with us tomorrow. We and commitment to presiding duties that there is ‘‘no validated threat’’ of can work out these agreements and during the 105th Congress. low-level chemical exposure to warrant have two or three amendments and f greater effort, even as it continues to hopefully get this legislation passed analyze other incidents during the Gulf PREPARING FOR FUTURE today. War that may result in more troops BATTLEFIELDS Before I proceed, I ask if the distin- being notified that they may have been guished Senator from Kentucky has Mr. BYRD. Mr. President, in June exposed to low doses of chemical war- any remarks. 1997, Senator GLENN, Senator LEVIN, fare agents. Moreover, the GAO report I yield the floor. and I requested the General Account- notes that DOD did a study just last Mr. FORD. Mr. President, I have no ing Office (GAO) to examine the De- year analyzing the impact of state disagreement with the unanimous con- partment of Defense’s (DOD) approach sponsored terrorist attacks using low sent proposal, particularly retaining for addressing U.S. troop exposures to levels of chemical warfare agent to the relevancy that is in effect now. low levels of chemical warfare agents. clandestinely disrupt U.S. military op- There is only one question I might That report is being released today. erations. have. There is a Torricelli-Lautenberg This kind of exposure, most recently It seems both prudent and reasonable Quiet Communities Act amendment experienced in the immediate after- to at least begin the conceptual work that should be for both, I think. And math of the Persian Gulf War—and pos- to address the issue of low-level expo- just so long as that is understood that sibly during it—is likely to become an sures to chemical warfare agents. But it is not two amendments; it is only ever greater threat, as more nations what GAO found instead was a few un- one. seek a battlefield advantage by em- coordinated efforts by concerned of- Mr. MCCAIN. That is a Torricelli- ploying the ‘‘poor man’s bomb,’’ chem- fices to look into this current and fu- Lautenberg amendment. ical weapons. Our concern was to en- ture threat. This issue demands a top- Mr. FORD. One amendment rather sure that the Department of Defense down approach, in which the broad than two. If we could cut an amend- had, in fact, learned the lessons of the strategy or framework can guide the ment off now, we ought to do it instead Persian Gulf War and had taken effec- development of research, new tech- of waiting until tomorrow. So I agree tive steps to address any weaknesses nology, and operational practice to with my colleague, we have an oppor- that might result in the soldiers of fu- better defend American men and tunity to finish this bill tomorrow. ture wars being needlessly harmed by women, our sons and daughters, And it is one of those ‘‘must-pass’’ exposure to low levels of chemical grandsons and granddaughters, when bills. And I am very hopeful that we weapons. It is one thing to suffer cas- they don the uniform of the United

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10834 CONGRESSIONAL RECORD — SENATE September 23, 1998 States and defend our interests in the each day, 1,115,000 barrels a day less debt increase of more than $4 trillion— hardest and most courageous manner. than the 8,526,000 imported during the $4,161,344,621,727.95 (Four trillion, one For this reason, and based upon the same week a year ago. hundred sixty-one billion, three hun- material which the GAO investigators While this is one of the rare weeks dred forty-four million, six hundred had uncovered, I authored an amend- when Americans imported slightly less twenty-one thousand, seven hundred ment, which Senator GLENN cospon- foreign oil than the same week a year twenty-seven dollars and ninety-five sored, to this year’s Department of De- ago, Americans nonetheless relied on cents) during the past 15 years. fense Authorization bill to require the foreign oil for 54 percent of their needs f Secretary of Defense to review and last week. There are no signs that the modify chemical warfare defense poli- upward spiral will abate. Before the NOMINATION OF AMY ROSEN TO cies and doctrine. The review calls Persian Gulf War, the United States AMTRAK REFORM BOARD upon DOD to address providing ade- imported about 45 percent of its oil Mr. WYDEN. Mr. President, earlier quate protection from any low-level ex- supply from foreign countries. During today, I called in a hold on the nomina- posure, whether singly or in combina- the Arab oil embargo in the 1970s, for- tion of Amy Rosen to the Amtrak Re- tion with other hazards, and whether eign oil accounted for only 35 percent form Board. Consistent with my policy to a single agent or to multiple agents of America’s oil supply. of publicly disclosing holds, I am in- and hazards over time. This amend- All Americans should ponder the eco- cluding the following statement in the ment also requires the Secretary to ad- nomic calamity certain to occur in the CONGRESSIONAL RECORD, stating my dress the reporting, coordinating, and U.S. if and when foreign producers shut reasons for placing a hold on this nomi- retaining of information on possible off our supply—or double the already nation: exposures, including monitoring the enormous cost of imported oil flowing I am placing a hold on the nomina- health effects of those exposures by lo- into the U.S.: now 7,411,000 barrels a tion of Amy Rosen to the Amtrak Re- cation, so that other mistakes of the day at a cost of approximately form Board because of her role as an Persian Gulf War are not extended to $89,006,110 a day. Amtrak Board member in voting to future battles. Additionally, this f terminate Amtrak’s Pioneer route. A amendment calls upon the Secretary to THE VERY BAD DEBT BOXSCORE subsequent GAO report indicates that develop and carry out a research pro- Mr. HELMS. Mr. President, at the at the time Ms. Rosen approved termi- gram on the health effects of low-level nating the Pioneer, other Amtrak exposures that can guide the Secretary close of business yesterday, Wednes- day, September 22, 1998, the federal routes that were even less profitable in the evolution of policy and doctrine than the Pioneer were kept in service. on low-level exposures to chemical debt stood at $5,515,818,621,727.95 (Five trillion, five hundred fifteen billion, Before I will allow Ms. Rosen’s nomina- warfare agents. I am very pleased that tion to move forward, I am seeking cer- the amendment was retained in con- eight hundred eighteen million, six hundred twenty-one thousand, seven tain assurances from Ms. Rosen that if ference, and I look forward to the re- confirmed as a member of the Amtrak port on the review, which is due on hundred twenty-seven dollars and nine- ty-five cents). Reform Board, she will insist that Am- May 1, 1999. trak make decisions about passenger I am also pleased with the fine and One year ago, September 22, 1997, the rail service on the basis of objective fi- useful work done by GAO on this re- federal debt stood at $5,378,804,000,000 (Five trillion, three hundred seventy- nancial criteria. port, particularly by Dr. Sushil Subsequent to calling in my hold on Sharma and Mr. Jeffery Harris. I hope eight billion, eight hundred four mil- lion). Ms. Rosen’s nomination, I and my staff that the Department of Defense finds had conversations with her to discuss their analysis and their conclusions Five years ago, September 22, 1993, the federal debt stood at my concerns. During those conversa- helpful as it begins the review man- tions, I received assurances from Ms. dated in the Department of Defense $4,395,748,000,000 (Four trillion, three hundred ninety-five billion, seven hun- Rosen that as an Amtrak Board mem- Authorization conference report. And ber, she would insist that decisions finally, I thank Senator LEVIN and Sen- dred forty-eight million). Ten years ago, September 22, 1988, about Amtrak routes and services ator GLENN for their interest in this the federal debt stood at would be made on the basis of objective matter. $2,587,230,000,000 (Two trillion, five hun- financial criteria and that she would f dred eighty-seven billion, two hundred work with me and other Members of U.S. FOREIGN OIL CONSUMPTION thirty million). Congress to address the needs of rural FOR WEEK ENDING SEPTEMBER 18 Fifteen years ago, September 22, 1983, communities for passenger rail service. Mr. HELMS. Mr. President, the Amer- the federal debt stood at As a result of these conversations, I am ican Petroleum Institute reports that $1,354,474,000,000 (One trillion, three withdrawing my hold on Amy Rosen’s for the week ending September 18, the hundred fifty-four billion, four hundred nomination to the Amtrak Reform U.S. imported 7,411,000 barrelsh of oil seventy-four million) which reflects a Board. FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- port(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select 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 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 AGRICULTURE, NUTRITION, AND FORESTRY FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998

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

Edward J. Barron: United States ...... Dollar ...... 2,557.75 ...... 2,557.75 Switzerland ...... Franc ...... 1,737.85 1,175.00 ...... 1,175.00 Bryan Edwardson: United States ...... Dollar ...... 2,557.75 ...... 2,557.75 Switzerland ...... Franc ...... 2,045.20 1,382.83 ...... 1,382.83 Terri Snow Markwart: United States ...... Dollar ...... 2,557.75 ...... 2,557.75 Switzerland ...... Franc ...... 1,767.70 1,195.20 ...... 1,195.20

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10835 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 AGRICULTURE, NUTRITION, AND FORESTRY FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998—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

Total ...... 3,753.03 ...... 7,673.25 ...... 11,426.28 RICHARD G. LUGAR, Chairman, Committee on Agriculture, Nutrition, and Forestry, July 9, 1998.

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, 1998

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

Sid Ashworth: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Charlie Houy: Kuwait ...... Dollar ...... 229.00 ...... 229.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Tom Hawkins: Kuwait ...... Dollar ...... 250.00 ...... 250.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Sid Ashworth: South Korea ...... Won ...... 837,540 594.00 ...... 837,540 594.00 Indonesia ...... Dollar ...... 985.00 ...... 985.00 United States ...... Dollar ...... 4,570.00 ...... 4,570.00 Steve Cortese: South Korea ...... Won ...... 837,540 594.00 ...... 837,540 594.00 Indonesia ...... Dollar ...... 985.00 ...... 985.00 United States ...... Dollar ...... 4,570.00 ...... 4,570.00 Senator Ted Stevens: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Senator Pete Domenici: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Senator Conrad Burns: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Saudia Arabia ...... Dollar ...... 208.00 ...... 208.00 Senator Kay Bailey Hutchison: Kuwait ...... Dollar ...... 249.00 ...... 249.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Senator Daniel Inouye: Kuwait ...... Dollar ...... 302.00 ...... 302.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Steven Cortese: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Robin Cleveland: Singapore ...... Dollar ...... 199.00 ...... 199.00 Indonesia ...... Dollar ...... 732.00 ...... 732.00 Thailand ...... Dollar ...... 570.00 ...... 570.00 United States ...... Dollar ...... 4,570.00 ...... 4,570.00 Total ...... 10,527.00 ...... 13,710.00 ...... 24,237.00 TED STEVENS, Chairman, Committee on Appropriations, July 31, 1998.

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 JAN. 13 TO JAN. 24, 1998

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: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Senator Thad Cochran: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Senator Slade Gorton: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Senator Conrad Burns: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Senator Larry Craig: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Steven J. Cortese: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Sid Ashworth: New Zealand ...... Dollar ...... 1,128.80 641.00 ...... 59.45 ...... 119.67 ...... 820.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Scott Gudes: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Jon Kamarck: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Andy Givens: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10836 CONGRESSIONAL RECORD — SENATE September 23, 1998 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 JAN. 13 TO JAN. 24, 1998—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

Mike Ware: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Susan Hogan: Australia ...... *COM041*Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53

Total ...... 11,521.00 ...... 2,096.95 ...... 3,479.73 ...... 17,097.68

Miscellaneous expenses include direct payments and reimbursements to the Dept. of State under authority of Section 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of Public Law 95–384, and Senate Resolution 179, agreed to May 25, 1977. TED STEVENS, Chairman, Committee on Appropriations, May 26, 1998.

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. TO JUNE 30, 1998

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 John Warner: Italy ...... Dollar ...... 516.00 ...... 516.00 Tunisia ...... Dollar ...... 358.00 ...... 358.00 Azerbaijan ...... Dollar ...... 1,038.00 ...... 1,038.00 United States ...... Dollar ...... 4,490.95 ...... 4,490.95 Senator Max Cleland: England ...... Dollar ...... 913.27 ...... 913.27 Germany ...... Dollar ...... 712.34 ...... 712.34 Belgium ...... Dollar ...... 316.91 ...... 316.91 United States ...... Dollar ...... 4,517.21 ...... 4,517.21 Mr. Michael Willams: England ...... Dollar ...... 864.40 ...... 864.40 Germany ...... Dollar ...... 678.09 ...... 678.09 Belgium ...... Dollar ...... 324.00 ...... 324.00 United States ...... Dollar ...... 4,030.96 ...... 4,030.96 Mr. Simon Sargent: England ...... Dollar ...... 861.04 ...... 861.04 Germany ...... Dollar ...... 736.81 ...... 736.81 Belgium ...... Dollar ...... 298.20 ...... 298.20 England ...... Dollar ...... 23.59 ...... 23.59 Germany ...... Dollar ...... 15.23 ...... 15.23 Belgiumn ...... Dollar ...... 16.86 ...... 16.86 United States ...... Dollar ...... 2,913,66 ...... 2,913.66 Mr. William S. Chapman England ...... Dollar ...... 920.01 ...... 920.01 England ...... Dollar ...... 26.96 ...... 26.96 Germany ...... Dollar ...... 649.81 ...... 649.81 Germany ...... Dollar ...... 29.91 ...... 29.91 Belgium ...... Dollar ...... 386.56 ...... 386.56 Mr. William S. Chapman: Belgium ...... Dollar ...... 23.74 ...... 23.74 United States ...... Dollar ...... 3,539.60 ...... 3,539.60 Ms. Jennifer Wardrep: England ...... Dollar ...... 859.35 ...... 859.35 England ...... Dollar ...... 25.28 ...... 25.28 Germany ...... Dollar ...... 766.72 ...... 766.72 Germany ...... Dollar ...... 33.71 ...... 33.71 Belgium ...... Dollar ...... 242.36 ...... 242.36 Belgium ...... Dollar ...... 11.85 ...... 11.85 United States ...... Dollar ...... 2,913.66 ...... 2,913.66 Mr. Patrick T. Henry: Germany ...... Dollar ...... 898.00 ...... 898.00 Belgium ...... Dollar ...... 270.00 ...... 270.00 United States ...... Dollar ...... 5,025.83 ...... 5,025.83 Senator Jeff Bingaman: China ...... Dollar ...... 771.00 ...... 771.00 South Korea ...... Dollar ...... 786.00 ...... 786.00 Japan ...... Dollar ...... 828.00 ...... 828.00 United States ...... Dollar ...... 4,814.00 ...... 4,814.00 Mr. Patrick Von Bargen: China ...... Dollar ...... 771.00 ...... 771.00 South Korea ...... Dollar ...... 786.00 ...... 786.00 Japan ...... Dollar ...... 828.00 ...... 828.00 United States ...... Dollar ...... 4,814.00 ...... 4,814.00 Mr. G. Wayne Glass: China ...... Dollar ...... 771.00 ...... 771.00 South Korea ...... Dollar ...... 786.00 ...... 786.00 Japan ...... Dollar ...... 828.00 ...... 828.00 United States ...... Dollar ...... 4,814.00 ...... 4,814.00 Mr. Randy Soderquist: China ...... Dollar ...... 771.00 ...... 771.00 South Korea ...... Dollar ...... 786.00 ...... 786.00 Japan ...... Dollar ...... 828.00 ...... 828.00 United States ...... Dollar ...... 4,814.00 ...... 4,814.00

Total ...... 22,149.87 ...... 46,814.39 ...... 80.61 ...... 69,044.87 STROM THURMOND, Chairman, Committee on Armed Services, July 1, 1998.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10837 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, 1998

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 John McCain: Canada ...... Dollar ...... 211.73 149.93 ...... 211.73 149.93 United States ...... Dollar ...... 1,593.81 ...... 1,593.81 Mark A. Buse: Canada ...... Dollar ...... 535.52 379.21 ...... 535.52 379.21 United States ...... Dollar ...... 1,167.18 ...... 1,167.18 Total ...... 529.14 ...... 2,760.99 ...... 3,290.13 JOHN McCAIN, Chairman, Committee on Commerce, Science, and Transportation, July 22, 1998.

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 ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM JAN. 1 TO MAR. 31 1998

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 Frank H. Murkowski: Venezuela ...... Bolivar ...... 256,949 497.00 ...... 256,949 497.00 Senator Daniel Akaka: Venezuela ...... Bolivar ...... 256,949 497.00 ...... 256,949 497.00 Senator Craig Thomas: Venezuela ...... Bolivar ...... 256,949 497.00 ...... 256,949 497.00 Senator Mary Landrieu: Venezuela ...... Bolivar ...... 256,949 497.00 ...... 256,949 497.00 Mary Katherine Ishee: Venezuela ...... Bolivar ...... 153,549 297.00 ...... 153,549 297.00 Michael Poling: Venezuela ...... Bolivar ...... 183,793 355.50 ...... 183,793 355.50 Jamie H. Fox: Venezuela ...... Bolivar ...... 153,549 297.00 ...... 153,549 297.00 Geraldine Gentry: Venezuela ...... Bolivar ...... 163,114 315.50 ...... 163,114 315.50 Norma Jane Sabiston: Venezuela ...... Bolivar ...... 168,283 325.50 ...... 168,283 325.50 Andrew D. Lundquist: Venezuela ...... Bolivar ...... 188,963 365.50 ...... 188,963 365.50 David Garman: Venezuela ...... Bolivar ...... 164,664 318.50 ...... 164,664 318.50 Derek Jumper: Venezuela ...... Bolivar ...... 188,963 365.50 ...... 188,963 365.50 Senator Frank H. Murkowski: United States ...... Dollar ...... 754.00 ...... 754.00 Total ...... 4,628.00 ...... 754.00 ...... 5,382.00 FRANK MURKOWSKI, Chairman, Committee on Energy and Natural Resources, June 16, 1998.

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, 1998

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 Sam Brownback: Uzbekistan ...... Dollar ...... 609.00 ...... 609.00 Kazakhstan ...... Dollar ...... 4.00 ...... 4.00 Georgia ...... Dollar ...... 451.00 ...... 451.00 United States ...... Dollar ...... 5,093.22 ...... 5,093.22 Senator Chuck Hagel: Georgia ...... Dollar ...... 242.00 ...... 242.00 Turkey ...... Dollar ...... 430.00 ...... 430.00 Azerbaijan ...... Dollar ...... 245.00 ...... 245.00 Turkmenistan ...... Dollar ...... 88.00 ...... 88.00 Italy ...... Dollar ...... 151.00 ...... 151.00 United States ...... Dollar ...... 4,261.09 ...... 4,261.09 Senator Gordon Smith: Russia ...... Dollar ...... 1,750.00 ...... 1,750.00 Steven Biegun: Russia ...... Dollar ...... 1,750.00 ...... 1,750.00 Ellen Bork: Burma ...... Dollar ...... 347.00 ...... 347.00 Thailand ...... Dollar ...... 728.00 ...... 728.00 Cambodia ...... Dollar ...... 425.00 ...... 425.00 United States ...... Dollar ...... 4,025.00 ...... 4,025.00 Robert Epplin: Russia ...... Dollar ...... 1,750.00 ...... 1,750.00 Michael Haltzel: Serbia-Montenegro ...... Dollar ...... 400.00 ...... 400.00 Macedonia ...... Dollar ...... 280.00 ...... 280.00 Albania ...... Dollar ...... 120.00 ...... 120.00 United States ...... Dollar ...... 3,823.62 ...... 3,823.62 Janice O’Connell: Costa Rica ...... Dollar ...... 68.00 ...... 68.00 United States ...... Dollar ...... 882.70 ...... 882.70 Frank Jannuzi: Thailand ...... Dollar ...... 450.00 ...... 450.00 Burma ...... Dollar ...... 280.00 ...... 280.00 Cambodia ...... Dollar ...... 500.00 ...... 500.00 Indonesia ...... Dollar ...... 970.00 ...... 970.00 United States ...... Dollar ...... 5,040.00 ...... 5,040.00

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10838 CONGRESSIONAL RECORD — SENATE September 23, 1998 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, 1998—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

Patti McNerney: Tanzania ...... Shilling ...... 243,688 710.00 ...... 243,688 710.00 Netherlands ...... Guilder ...... 914.63 494.00 ...... 914.63 494.00 United States ...... Dollar ...... 7,585.38 ...... 7,585.38 Roger Noriega: Bahamas ...... Dollar ...... 823.00 ...... 823.00 United States ...... Dollar ...... 481.01 ...... 481.01 Puneet Talwar: Switzerland ...... Dollar ...... 830.00 ...... 830.00 United States ...... Dollar ...... 4,970.77 ...... 4,970.77 Kenneth Peel: Georgia ...... Dollar ...... 242.00 ...... 242.00 Turkey ...... Dollar ...... 430.00 ...... 430.00 Azerbaijan ...... Dollar ...... 245.00 ...... 245.00 Turkmenistan ...... Dollar ...... 88.00 ...... 88.00 Italy ...... Dollar ...... 151.00 ...... 151.00 United States ...... Dollar ...... 4,261.09 ...... 4,261.09 Christina Rocca: Uzbekistan ...... Dollar ...... 724.00 ...... 724.00 Kyrgyzstan ...... Dollar ...... 20.00 ...... 20.00 Kazakhstan ...... Dollar ...... 117.00 ...... 117.00 Georgia ...... Dollar ...... 474.00 ...... 474.00 United States ...... Dollar ...... 5,093.22 ...... 5,093.22 Elizabeth Wilson: Serbia-Montenegro ...... Dollar ...... 400.00 ...... 400.00 Macedonia ...... Dollar ...... 280.00 ...... 280.00 Albania ...... Dollar ...... 120.00 ...... 120.00 United States ...... Dollar ...... 3,498.62 ...... 3,498.62 Michael Westphal: Tanzania ...... Shilling ...... 243,688 710.00 ...... 243,688 710.00 Netherlands ...... Guilder ...... 914.63 494.00 ...... 914.63 494.00 United States ...... Dollar ...... 7,585.38 ...... 7,585.38 Total ...... 19,390.00 ...... 56,601.10 ...... 75,991.10 JESSE HELMS, Chairman, Committee on Foreign Relations, Aug. 4, 1998.

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 THE JUDICIARY FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998

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 Orrin Hatch: United States ...... Dollar ...... 1,750.00 ...... 1,750.00 Robert Dibblee: United States ...... Dollar ...... 1,750.00 ...... 1,750.00 Paul Matulic: United States ...... Dollar ...... 1,750.00 ...... 1,750.00 Mark Rokala: United States ...... Dollar ...... 972.75 ...... 972.75 Switzerland ...... Franc ...... 1,402.71 948.42 196 132.52 ...... 1,598.71 1,080.94 France ...... Dollar ...... 237.00 ...... 237.00 Netherlands ...... Dollar ...... 270.00 ...... 270.00 Senator Robert Torricelli: United States ...... Dollar ...... 4,240.00 ...... 4,240.00 Northern Ireland ...... 269.00 ...... 269.00 Ireland ...... Dollar ...... 566.00 ...... 566.00 Andrew Dubill: United States ...... Dollar ...... 4,292.00 ...... 4,292.00 Northern Ireland ...... Dollar ...... 269.00 ...... 269.00 Ireland ...... Dollar ...... 713.00 ...... 713.00 Joshua D. Shapiro United States ...... Dollar ...... 4,292.00 ...... 4,292.00 Northern Ireland ...... Dollar ...... 269.00 ...... 269.00 Ireland ...... Dollar ...... 713.00 ...... 713.00 James P. Fox: United States ...... Dollar ...... 4,292.00 ...... 4,292.00 Northern Ireland ...... Dollar ...... 269.00 ...... 269.00 Ireland ...... Dollar ...... 713.00 ...... 713.00 Total ...... 4,967.42 ...... 23,740.27 ...... 28,707.69 ORRIN HATCH, Chairman, Committee on the Judiciary, Sept. 1, 1998.

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, 1998

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 Richard Shelby ...... 764.00 ...... 1,526.00 ...... 2,290.00 William Duhnke ...... 1,038.50 ...... 1,526.00 ...... 2,564.50 Peter Flory ...... 600.50 ...... 1,526.00 ...... 2,126.50 Paul Doerrer ...... 844.00 ...... 1,526.00 ...... 2,370.00 James Stinebower ...... 823.00 ...... 481.01 ...... 1,304.01 Senator Richard C. Shelby ...... 1,048.57 ...... 3,545.62 ...... 4,594.19 Peter Dorn ...... 1,081.57 ...... 3,545.62 ...... 4,627.19 Kenneth Myers ...... 1,307.00 ...... 5,684.13 ...... 6,991.13 Senator Richard Lugar ...... 227.00 ...... 5,684.13 ...... 5,911.13 Christopher Straub ...... 339.87 ...... 1,573.00 ...... 1,912.87 James Stinebower ...... 762.02 ...... 1,573.00 ...... 2,335.02

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10839 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, 1998—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

Gina Marie Hatheway ...... 21.50 ...... 21.50 Joan Grimson ...... 21.00 ...... 21.00 Senator Pat Roberts ...... 468.00 ...... 468.00 Total ...... 9,346.53 ...... 28,190.51 ...... 37,537.04 RICHARD SHELBY, Chairman, Select Committee on Intelligence, July 7, 1998.

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 SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998

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

Orest Deychakiwsky: United States ...... Dollar ...... 4,260.41 ...... 4,260.41 Ukraine ...... Dollar ...... 1,890.00 ...... 1,890,00 John Finerty: United States ...... Dollar ...... 4,261.51 ...... 4,261.51 Moldova ...... Dollar ...... 945.00 ...... 200.00 ...... 1,145.00 Ukraine ...... Dollar ...... 2,075.00 ...... 2,075.00 Chadwick Gore: United States ...... Dollar ...... 4,260.41 ...... 4,260.41 Ukraine ...... Dollar ...... 1,645.00 ...... 1,645.00 United States ...... Dollar ...... 4,832.00 ...... 4,832.00 Austria ...... Dollar ...... 684.00 ...... 684.00 Poland ...... Dollar ...... 1,368.00 ...... 1,368.00 Robert Hand: Portugal ...... Dollar ...... 166.00 ...... 166.00 Bosnia-Herzegovina ...... Dollar ...... 532.00 ...... 532.00 Belgium ...... Dollar ...... 220.00 ...... 220.00 Serbia-Montenegro ...... Dollar ...... 532.00 ...... 2,756.07 ...... 3,288.07 Janice Helwig: Austria ...... Dollar ...... 14,047.92 ...... 14,047.92 Rep. Maurice Hinchey: Portugal ...... Dollar ...... 166.00 ...... 166.00 Bosnia-Herzegovina ...... Dollar ...... 1,202.00 ...... 1,202.00 Belgium ...... Dollar ...... 220.00 ...... 220.00 Rep. Steny Hoyer: United States ...... Dollar ...... 8,447.91 ...... 8,447.91 Japan ...... Dollar ...... 402.00 ...... 402.00 Korea ...... Dollar ...... 396.00 ...... 396.00 Portugal ...... Dollar ...... 166.00 ...... 166.00 Bosnia-Herzegovina ...... Dollar ...... 1,202.00 ...... 1,202.00 Belgium ...... Dollar ...... 220.00 ...... 220.00 Karen Lord: United States ...... Dollar ...... 4,629.12 ...... 4,629.12 Germany ...... Dollar ...... 156.00 ...... 156.00 Belgium ...... Dollar ...... 752.00 ...... 752.00 France ...... Dollar ...... 752.00 ...... 752.00 Ronald McNamara: United States ...... Dollar ...... 1,588.43 ...... 1,588.43 Spain ...... Dollar ...... 255.00 ...... 255.00 E. Wayne Merry: United States ...... Dollar ...... 3,309.11 ...... 3,309.11 Moldova ...... Dollar ...... 525.00 ...... 525.00 Bosnia-Herzegovina ...... Dollar ...... 1,202.00 ...... 1,202.00 Belgium ...... Dollar ...... 220.00 ...... 220.00 Dorothy D. Taft: United States ...... Dollar ...... 2,488.40 ...... 2,488.40 Bosnia-Herzegovina ...... Dollar ...... 495.00 ...... 495.00 Belgium ...... Dollar ...... 390.00 ...... 390.00 Czech Republic ...... Dollar ...... 1,031.00 ...... 1,031.00 United States ...... Dollar ...... 6,458.40 ...... 6,458.40 Uzbekistan ...... Dollar ...... 1,066.00 ...... 1,066.00 Turkey ...... Dollar ...... 168.00 ...... 168.00 Austria ...... Dollar ...... 386.03 ...... 386.03 Total ...... 35,476.95 ...... 47,491.77 ...... 82,968.72 ALFONSE D’AMATO, Chairman, Commission on Security and Cooperation in Europe, June 30, 1998.

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 LEADER FROM APR. 1 TO JUNE 30, 1998

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 Bill Frist: Kuwait ...... Dollar ...... 230.00 ...... 230.00 Belgium ...... Franc ...... 5,997 162.00 ...... 5,997 162.00 Senator Pat Roberts: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Sally Walsh: United States ...... Dollar ...... 297.00 ...... 297.00 France ...... Franc ...... 3,763.40 620.00 ...... 3,763.40 620.00 Russia ...... Dollar ...... 626.00 ...... 626.00 Germany ...... Mark ...... 426.53 221.00 ...... 221.00

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10840 CONGRESSIONAL RECORD — SENATE September 23, 1998 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 LEADER FROM APR. 1 TO JUNE 30, 1998—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

Total ...... 2,866.00 ...... 2,866.00 TRENT LOTT, Majority Leader, July 20, 1998.

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 MINORITY LEADERS FROM MAY 23 TO MAY 31, 1998

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 Don Nickles: United States ...... Dollar ...... 4,873.52 ...... 4,873.52 Israel ...... Dollar ...... 660.00 ...... 660.00 Cyprus ...... Pound ...... 99.84 192.00 ...... 99.84 192.00 Italy ...... Dollar ...... 210.00 ...... 210.00 Lire ...... 158,067 91.00 ...... 158,067 91.00 Senator Joseph Lieberman: United States ...... Dollar ...... 4,777.48 ...... 4,777.48 Israel ...... Dollar ...... 969.60 ...... 969.60 Cyprus ...... Pound ...... 88.54 170.00 ...... 88.54 170.00 Senator Jack Reed: United States ...... Dollar ...... 4,994.20 ...... 4,994.20 Israel ...... Dollar ...... 684.00 ...... 684.00 Bret Bernhardt: United States ...... Dollar ...... 3,396.52 ...... 3,396.52 Israel ...... Dollar ...... 667.00 ...... 667.00 Cyprus ...... Pound ...... 99.84 192.00 ...... 99.84 192.00 Italy ...... Dollar ...... 210.00 ...... 210.00 Lire ...... 158,067 91.00 ...... 158,067 91.00 Sherry Brown: United States ...... Dollar ...... 2,553.78 ...... 2,553.78 Israel ...... Dollar ...... 1,126.40 ...... 1,126.40 Cyprus ...... Pound ...... 99.76 191.93 ...... 99.76 191.93 Sally Walsh: United States ...... Dollar ...... 5,028.20 ...... 5,028.20 Israel ...... Dollar ...... 860.00 ...... 860.00 Delegation Expenses: 1 Israel ...... 3,937.46 ...... 3,937.46 Jordan ...... 368.36 ...... 368.36 Cyprus ...... 609.82 ...... 609.82 Bosnia-Herzegovina ...... 285.03 ...... 285.03 Italy ...... 945.41 ...... 945.41 Total ...... 6,314.93 ...... 25,623.70 ...... 6,146.08 ...... 38,084.71 1 Delegation expenses include direct payments and reimbursements to the Department of State and the Department of Defense under authority of Section 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95– 384, and Senate Resolution 179, agreed to May 25, 1977. TRENT LOTT, Majority Leader, h TOM DASCHLE, Democratic Leader, Sept. 9, 1998.

MESSAGES FROM THE PRESIDENT Section 202(d) of the National Emer- have determined that it is necessary to Messages from the President of the gencies Act (50 U.S.C. 1622(d)) provides maintain in force the broad authorities United States were communicated to for the automatic termination of a na- necessary to apply economic pressure the Senate by Mr. Williams, one of his tional emergency unless, prior to the to UNITA to reduce its ability to pur- secretaries. anniversary date of its declaration, the sue its aggressive policies of territorial President publishes in the Federal Reg- EXECUTIVE MESSAGES REFERRED acquisition. As in executive session the Presiding ister and transmits to the Congress a WILLIAM J. CLINTON. notice stating that the emergency is to Officer laid before the Senate messages THE WHITE HOUSE, September 23, 1998. continue in effect beyond the anniver- from the President of the United sary date. In accordance with this pro- States submitting sundry nominations vision, I have sent the enclosed notice, f which were referred to the appropriate stating that the emergency declared committees. with respect to the National Union for MESSAGES FROM THE HOUSE (The nominations received today are the Total Independence of Angola printed at the end of the Senate pro- (‘‘UNITA’’) is to continue in effect be- ENROLLED BILLS SIGNED ceedings.) yond September 26, 1998, to the Federal At 6:02 p.m., a message from the f Register for publication. House of Representatives, delivered by REPORT CONCERNING THE CON- The circumstances that led to the Mr. Hays, one of its reading clerks, an- TINUATION OF THE NATIONAL declaration on September 26, 1993, of a nounced that the Speaker has signed EMERGENCY WITH RESPECT TO national emergency have not been re- the following enrolled bills: UNITA—MESSAGE FROM THE solved. The actions and policies of S. 1695. An act to authorize the Secretary PRESIDENT—PM 159 UNITA pose a continuing unusual and extraordinary threat to the foreign pol- of the Interior to study the suitability and The PRESIDING OFFICER laid be- feasibility of designating the Sand Creek icy of the United States. United Na- fore the Senate the following message Massacre National Historic Site in the State tions Security Council Resolutions 864 from the President of the United of Colorado as a unit of the National Park (1993), 1127 (1997), 1173 (1998), and 1176 States, together with an accompanying System, and for other purposes. (1998) continue to oblige all member report; which was referred to the Com- H.R. 1856. An act to amend the Fish and states to maintain sanctions. dis- mittee on Banking, Housing, and Wildlife Act of 1956 to promote volunteer continuation of the sanctions would Urban Affairs. programs and community partnerships for have a prejudicial effect on the Ango- the benefits of national wildlife refuges, and To the Congress of the United States: lan peace process. For these reasons, I for other purposes.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10841 REPORTS OF COMMITTEE By Mr. MURKOWSKI, from the Committee Unfortunately, there has not been a on Energy and Natural Resources: The following report of committee comprehensive and coordinated effort Charles G. Groat, of Texas, to be Director to address these environmental issues was submitted: of the United States Geological Survey. or an organized effort to help other By Mr. STEVENS, from the Committee on Gregory H. Friedman, of Maryland, to be Appropriations: Inspector General of the Department of En- communities from making similar mis- Special Report entitled ‘‘Further Revised ergy. takes. I believe that many of these Allocation to Subcommittees of Budget To- (The above nominations were re- problems could be avoided if the com- tals for Fiscal Year 1999’’ (Rept. No. 105–345). ported with the recommendation that munities faced with land-use decisions f they be confirmed, subject to the nomi- had access to sound scientific research. nees’ commitment to respond to re- The Natural Resources Institute Act, EXECUTIVE REPORTS OF utilizing expertise from national lab- COMMITTEE quests to appear and testify before any duly constituted committee of the Sen- oratories and universities, will provide The following executive reports of ate.) communities with access to sound sci- committees were submitted: entific research when making environ- f By Mr. JEFFORDS, from the Committee mental and land-use decisions. In addi- on Labor and Human Resources: INTRODUCTION OF BILLS AND tion, the Natural Resources Institute Henry L. Solano, of Colorado, to be Solic- JOINT RESOLUTIONS Act will coordinate research efforts to itor of the Department of Labor. The following bills and joint resolu- solve real-world environmental prob- Jane E. Henney, of New Mexico, to be Com- missioner of Food and Drugs, Department of tions were introduced, read the first lems. It will be particularly helpful in Health and Human Services. and second time by unanimous con- addressing problems associated with Thomasina V. Rogers, of Maryland, to be a sent, and referred as indicated: agriculture, logging, grazing, hydro- Member of the Occupational Safety and By Mr. KEMPTHORNE: power, fishing, mining, recreation and Health Review Commission for a term expir- S. 2512. A bill to establish a National Re- other natural resource activities. ing April 27, 2003. sources Institute at the Idaho National Engi- Mr. President, I believe this impor- Joseph E. Stevens, Jr., of Missouri, to be a neering and Environmental Laboratory; to tant legislation gives state and local Member of the Board of Trustees of the the Committee on Environment and Public governments the necessary tools to Harry S Truman Scholarship Foundation for Works. make sound informed decisions regard- a term expiring December 10, 2003. (Re- By Mr. SMITH of Oregon: appointment) S. 2513. A bill to transfer administrative ing land-use decisions. I would like to Paul M. Igasaki, of California, to be a jurisdiction over certain Federal land lo- commend Congressman CRAPO for his Member of the Equal Employment Oppor- cated within or adjacent to Rogue River Na- leadership on this important issue.∑ tunity Commission for a term expiring July tional Forest and to clarify the authority of 1, 2002, (Reappointment), to which position the Bureau of Land Management to sell and By Mr. SMITH of Oregon: he was appointed during the last recess of exchange other Federal land in Oregon; to S. 2513. A bill to transfer administra- the Senate. the Committee on Energy and Natural Re- tive jurisdiction over certain Federal Ida L. Castro, of New York, to be a Member sources. land located within or adjacent to of the Equal Employment Opportunity Com- f Rogue River National Forest and to mission for a term expiring July 1, 2003. clarify the authority of the Bureau of Paul Steven Miller, of California, to be a SUBMISSION OF CONCURRENT AND Member of the Equal Employment Oppor- SENATE RESOLUTIONS Land Management to sell and exchange tunity Commission for the remainder of the other Federal land in Oregon; to the The following concurrent resolutions Committee on Energy and Natural Re- term expiring July 1, 1999. and Senate resolutions were read, and Joy Harjo, of New Mexico, to be a Member sources. referred (or acted upon), as indicated: of the National Council on the Arts for a OREGON PUBLIC LAND TRANSFER AND term expiring September 3, 2002. By Mr. LOTT (for himself and Mr. PROTECTION ACT OF 1998 Joan Specter, of Pennsylvania, to be a DASCHLE): ∑ Mr. SMITH of Oregon. Mr. President, S. Res. 281. A resolution to authorize testi- Member of the National Council on the Arts today I am introducing legislation to for a term expiring September 3, 2002. mony and representation of employees of the Patricia T. Montoya, of New Mexico, to be Senate in United States v. Alphonso Michael transfer the administrative jurisdic- Commissioner on Children, Youth, and Fami- Espy; considered and agreed to. tion over certain lands within or adja- lies, Department of Health and Human Serv- f cent to the Rogue River National For- ices. est and to clarify the authority of the STATEMENTS ON INTRODUCED Bureau of Land Management to sell (The above nominations were re- BILLS AND JOINT RESOLUTIONS ported with the recommendation that and exchange Oregon and California they be confirmed, subject to the nomi- By Mr. KEMPTHORNE: Railroad grant lands (O and C lands) in nees’ commitment to respond to re- S. 2512. A bill to establish a National Oregon. The bill represents a thought- quests to appear and testify before any Resources Institute at the Idaho Na- fully crafted compromise agreed to by duly constituted committee of the Sen- tional Engineering and Environmental the majority and minority in the other ate.) Laboratory; to the Committee on Envi- body, and the O and C counties and the ronment and Public Works. By Mr. CHAFEE, from the Committee on timber industry in my state. Environment and Public Works: NATIONAL RESOURCES INSTITUTE LEGISLATION Title I of the bill would consolidate Romulo L. Diaz, Jr., of the District of Co- ∑ Mr. KEMPTHORNE. Mr. President, the management over certain parcels lumbia, to be an Assistant Administrator of today I introduce the Natural Re- of federal land by transferring jurisdic- the Environmental Protection Agency. sources Institute legislation. Congress- tion over these parcels between the J. Charles Fox, of Maryland, to be an As- man CRAPO, who represents the second Forest Service and the Bureau of Land sistant Administrator of the Environmental Congressional district in my state of Management. The status of any O and Protection Agency. Idaho, introduced the Natural Re- C lands transferred will not change, re- Norine E. Noonan, of Florida, to be an As- sistant Administrator of the Environmental sources Institute legislation in the gardless of which agency has jurisdic- Protection Agency. House, on September 17, 1998. I believe tion over the lands following the trans- Terrence L. Bracy, of Virginia, to be a this legislation will help find solutions fer. This is not a land exchange in the Member of the Board of Trustees of the Mor- to many of the problems that affect the traditional sense, but rather the trans- ris K. Udall Scholarship and Excellence in health of our environment. fer of jurisdiction between two agen- National Environmental Policy for a term This country is faced with the chal- cies of lands already in federal owner- expiring October 6, 2004. (Reappointment) lenge of protecting the environment, ship. It is my understanding that the (The above nominations were re- while maintaining economic growth. Administration supports this transfer. ported with the recommendation that The use of our nation’s natural re- Title II of the bill provides that, over they be confirmed, subject to the nomi- sources touches all of our lives every successive ten-year periods, there will nees’ commitment to respond to re- day. However, this use has left a legacy be no net loss of acres designated as O quests to appear and testify before any of fragmented land-use and regions of and C lands. These lands are somewhat duly constituted committee of the Sen- environmental degradation, including unique in the federal inventory, and ate.) areas in my home state of Idaho. are managed in accordance with the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10842 CONGRESSIONAL RECORD — SENATE September 23, 1998 Act of August 28, 1937, and other appli- Forest, is transferred to unreserved public public inspection in the office of the Chief of cable federal statutes. domain status, and the status of the land as the Forest Service. There have been concerns on the part part of Rogue River National Forest and the (g) MISCELLANEOUS REQUIREMENTS.—As of the O and C counties that the O and National Forest System is revoked. soon as practicable after the date of enact- (2) ADMINISTRATIVE JURISDICTION.—Admin- ment of this Act, the Secretary of the Inte- C lands will be used by the federal gov- istrative jurisdiction over the land described rior and the Secretary of Agriculture shall— ernment in land exchanges and sales, in paragraph (1) is transferred from the Sec- (1) revise the public land records relating thereby diminishing the total acreage retary of Agriculture to the Secretary of the to the land transferred under this section to over time. Since the counties rely on Interior. reflect the administrative, boundary, and revenues from these lands, it is impor- (3) MANAGEMENT.—Subject to valid existing other changes made by this section; and tant to clarify that it is the intent of rights, the Secretary of the Interior shall ad- (2) publish in the Federal Register appro- priate notice to the public of the changes in Congress that the acreage remain con- minister such land under the laws (including regulations) applicable to unreserved public administrative jurisdiction made by this sec- stant. domain land. tion with regard to the land. Mr. President, this bill is non-con- (c) RESTORATION OF STATUS OF CERTAIN NA- TITLE II—PROTECTION OF OREGON AND troversial, and I would ask for the sup- TIONAL FOREST LAND AS REVESTED RAILROAD CALIFORNIA RAILROAD GRANT LAND port of my colleagues on enactment of GRANT LAND.— SEC. 201. DEFINITIONS. this measure before the end of this (1) RESTORATION OF EARLIER STATUS.—The In this title: Congress. I ask unanimous consent Federal land depicted on the map entitled (1) O & C LAND.—The term ‘‘O & C land’’ that the full text of the bill be printed ‘‘BLM/Rogue River N.F. Administrative Ju- means the land (commonly known as ‘‘Or- risdiction Transfer’’ and dated April 28, 1998, in the RECORD. egon and California Railroad grant land’’) consisting of approximately 4,298 acres with- There being no objection, the bill was that— in the external boundaries of Rogue River (A) revested in the United States under the ordered to be printed in the RECORD, as National Forest, is restored to the status of Act of June 9, 1916 (39 Stat. 218, chapter 137); follows: revested Oregon and California Railroad and S. 2513 grant land, and the status of the land as part (B) is managed by the Secretary of the In- Be it enacted by the Senate and House of Rep- of Rogue River National Forest and the Na- terior through the Bureau of Land Manage- resentatives of the United States of America in tional Forest System is revoked. ment under the Act of August 28, 1937 (43 Congress assembled, (2) ADMINISTRATIVE JURISDICTION.—Admin- U.S.C. 1181a et seq.). istrative jurisdiction over the land described SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) CBWR LAND.—the term ‘‘CBWR land’’ in paragraph (1) is transferred from the Sec- means the land (commonly known as ‘‘Coos (a) SHORT TITLE.—This Act may be cited as retary of Agriculture to the Secretary of the the ‘‘Oregon Public Land Transfer and Pro- Bay Wagon Road grant land’’) that— Interior. (A) was reconveyed to the United States tection Act of 1998’’. (3) MANAGEMENT.—Subject to valid existing under the Act of February 26, 1919 (40 Stat. (b) TABLE OF CONTENTS.—The table of con- rights, the Secretary of the Interior shall ad- tents of this Act is as follows: 1179, chapter 47); and minister the land described in paragraph (1) (B) is managed by the Secretary of the In- Sec. 1. Short title; table of contents. under the Act of August 28, 1937 (43 U.S.C. terior through the Bureau of Land Manage- TITLE I—ROGUE RIVER NATIONAL 1181a et seq.), and other laws (including regu- ment under the Act of August 28, 1937 (43 FOREST TRANSFERS lations) applicable to revested Oregon and U.S.C. 1181a et seq.). Sec. 101. Land transfers involving Rogue California Railroad grant land under the ad- (3) PUBLIC DOMAIN LAND.— River National Forest and ministrative jurisdiction of the Secretary of (A) IN GENERAL.—The term ‘‘public domain other public land in Oregon. the Interior. land’’ has the meaning given the term ‘‘pub- (d) ADDITION OF CERTAIN REVESTED RAIL- lic lands’’ in section 103 of the Federal Land TITLE II—PROTECTION OF OREGON AND ROAD GRANT LAND TO NATIONAL FOREST.— Policy and Management Act of 1976 (43 CALIFORNIA RAILROAD GRANT LAND (1) LAND TRANSFER.—The revested Oregon U.S.C. 1702). Sec. 201. Definitions. and California Railroad grant land depicted (B) EXCLUSIONS.—The term ‘‘public domain Sec. 202. No net loss of O & C land, CBWR on the map entitled ‘‘BLM/Rogue River N.F. land’’ does not include O & C land or CBWR land, or public domain land. Administrative Jurisdiction Transfer’’ and land. Sec. 203. Relationship to Umpqua land ex- dated April 28, 1998, consisting of approxi- (4) GEOGRAPHIC AREA.—The term ‘‘geo- change authority. mately 960 acres within the external bound- graphic area’’ means the area in the State of TITLE I—ROGUE RIVER NATIONAL aries of Rogue River National Forest, is Oregon within the boundaries of the Medford FOREST TRANSFERS added to and made a part of Rogue River Na- District, Roseburg District, Eugene District, SEC. 101. LAND TRANSFERS INVOLVING ROGUE tional Forest. Salem District, Coos Bay District, and Klam- RIVER NATIONAL FOREST AND (2) ADMINISTRATIVE JURISDICTION.—Admin- ath Resource Area of the Lakeview District OTHER PUBLIC LAND IN OREGON. istrative jurisdiction over the land described of the Bureau of Land Management, as the (a) TRANSFER FROM PUBLIC DOMAIN TO NA- in paragraph (1) is transferred from the Sec- districts and the resource area were con- TIONAL FOREST.— retary of the Interior to the Secretary of Ag- stituted on January 1, 1998. (1) LAND TRANSFER.—The public domain riculture. (5) SECRETARY.—The term ‘‘Secretary’’ land depicted on the map entitled ‘‘BLM/ (3) MANAGEMENT.—Subject to valid existing means the Secretary of the Interior. Rogue River N.F. Administrative Jurisdic- rights, the Secretary of Agriculture shall SEC. 202. NO NET LOSS OF O & C LAND, CBWR tion Transfer’’ and dated April 28, 1998, con- manage the land described in paragraph (1) LAND, OR PUBLIC DOMAIN LAND. sisting of approximately 2,058 acres within as part of Rogue River National Forest in ac- IN carrying out sales, purchases, and ex- the external boundaries of Rogue River Na- cordance with the Act of March 1, 1911 (36 changes of land in the geographic area, the tional Forest in the State of Oregon, is added Stat. 961, chapter 186), and other laws (in- Secretary shall ensure that on expiration of to and made a part of Rogue River National cluding regulations) applicable to the Na- the 10-year period beginning on the date of Forest. tional Forest System. enactment of this Act and on expiration of (2) ADMINISTRATIVE JURISDICTION.—Admin- (4) DISTRIBUTION OF RECEIPTS.—Notwith- each 10-year period thereafter, the number of istrative jurisdiction over the land described standing the sixth paragraph under the head- acres of O & C land and CBWR land in the ge- in paragraph (1) is transferred from the Sec- ing ‘‘FOREST SERVICE’’ in the Act of May 23, ographic area, and the number of acres of O retary of the Interior to the Secretary of Ag- 1908 and section 13 of the Act of March 1, 1911 & C land, CBWR land, and public domain riculture. (16 U.S.C. 500), revenues derived from the land in the geographic area that are avail- (3) MANAGEMENT.—Subject to valid existing land described in paragraph (1) shall be dis- able for timber harvesting, are not less than rights, the Secretary of Agriculture shall tributed in accordance with the Act of Au- the number of acres of such land on the date manage the land described in paragraph (1) gust 28, 1937 (43 U.S.C. 1181a et seq.). of enactment of this Act. as part of Rogue River National Forest in ac- (e) BOUNDARY ADJUSTMENT.—The bound- SEC. 203. RELATIONSHIP TO UMPAQUA LAND EX- cordance with the Act of March 1, 1911 (com- aries of Rogue River National Forest are ad- CHANGE AUTHORITY. monly known as the ‘‘Weeks Law’’) (36 Stat. justed to encompass the land transferred to Notwithstanding any other provision of 961, chapter 186), and other laws (including the administrative jurisdiction of the Sec- this title, this title shall not apply to an ex- regulations) applicable to the National For- retary of Agriculture under this section and change of land authorized under section 1028 est System. to exclude private property interests adja- of the Omnibus Parks and Public Lands Man- (b) TRANSFER FROM NATIONAL FOREST TO cent to the exterior boundaries of Rogue agement Act of 1996 (Public Law 104–333; 110 PUBLIC DOMAIN.— River National Forest, as depicted on the Stat. 4231), or any implementing legislation (1) LAND TRANSFER.—The Federal land de- map entitled ‘‘Rogue River National Forest or administrative rule, if the land exchange picted on the map entitled ‘‘BLM/Rogue Boundary Adjustment’’ and dated April 28, is consistent with the memorandum of un- River N.F. Administrative Jurisdiction 1998. derstanding between the Umpqua Land Ex- Transfer’’ and dated April 28, 1998, consisting (f) MAPS.—Not later than 60 days after the change Project and the Association of Or- of approximately 1,632 acres within the ex- date of enactment of this Act, the maps de- egon and California Land Grant Counties ternal boundaries of Rogue River National scribed in this section shall be available for dated February 19, 1998.∑

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10843 ADDITIONAL COSPONSORS systems under the medicare home Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government Act of S. 537 health benefit to achieve fair reim- bursement payment rates, and for 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the At the request of Ms. MIKULSKI, the other purposes. Senate may direct its counsel to represent name of the Senator from New York employees of the Senate with respect to any (Mr. D’AMATO) was added as a cospon- S. 2364 subpoena, order, or request for testimony re- sor of S. 537, a bill to amend title III of At the request of Mr. CHAFEE, the lating to their official responsibilities; the Public Health Service Act to revise name of the Senator from Mississippi Whereas, by the privileges of the Senate of and extend the mammography quality (Mr. COCHRAN) was added as a cospon- the United States and Rule XI of the Stand- ing Rules of the Senate, no evidence under standards program. sor of S. 2364, a bill to reauthorize and make reforms to programs authorized the control or in the possession of the Senate S. 1307 by the Public Works and Economic De- may, by the judicial process, be taken from At the request of Mr. DASCHLE, the such control or possession but by permission name of the Senator from Iowa (Mr. velopment Act of 1965. of the Senate; S. 2371 HARKIN) was added as a cosponsor of S. Whereas, when it appears that evidence 1307, a bill to amend the Employee Re- At the request of Mr. LOTT, the name under the control or in the possession of the tirement Income Security Act of 1974 of the Senator from Utah (Mr. HATCH) Senate may promote the administration of was added as a cosponsor of S. 2371, a justice, the Senate will take such action as with respect to rules governing litiga- will promote the ends of justice consistently tion contesting termination or reduc- bill to amend the Internal Revenue Code of 1986 to reduce individual cap- with the privileges of the Senate: Now, tion of retiree health benefits and to therefore, be it extend continuation coverage to retir- ital gains tax rates and to provide tax Resolved That Galen Fountain, Jo Nobles, ees and their dependents. incentives for farmers. Leslie Chalmers Tagg, and any other em- S. 2392 S. 1362 ployee from whom testimony may be re- At the request of Mr. BENNETT, the quired, are authorzed to testify in the case of At the request of Mr. GRASSLEY, the United States v. Alphonso Michael Espy, ex- name of the Senator from North Da- names of the Senator from California (Mrs. FEINSTEIN), the Senator from Or- cept concerning matters for which a privi- kota (Mr. CONRAD) was added as a co- lege should be asserted. egon (Mr. SMITH), and the Senator from sponsor of S. 1362, a bill to promote the SEC. 2. That the Senate Legal Counsel is use of universal product members on North Carolina (Mr. FAIRCLOTH) were authorized to represent Galen Fountain, Jo claims forms used for reimbursement added as cosponsors of S. 2392, a bill to Nobles, Leslie Chalmers Tagg, and any other under the medicare program. encourage the disclosure and exchange employee of the Senate, in connection with of information about computer proc- testimony in United States v. Alphonso Mi- S. 1924 essing problems and related matters in chael Espy. At the request of Mr. MACK, the name connection with the transition to the f of the Senator from Alabama (Mr. SES- Year 2000. SIONS) was added as a cosponsor of S. AMENDMENTS SUBMITTED S. 2412 1924, a bill to restore the standards At the request of Mr. BURNS, the used for determining whether technical names of the Senator from Illinois (Mr. workers are not employees as in effect CONSUMER BANKRUPTCY REFORM DURBIN), the Senator from Massachu- before the Tax Reform Act of 1986. ACT OF 1998 setts (Mr. KERRY), and the Senator S. 2162 from Hawaii (Mr. AKAKA) were added as At the request of Mr. MACK, the name cosponsors of S. 2412, a bill to create DODD AMENDMENT NO. 3614 of the Senator from Connecticut (Mr. employment opportunities and to pro- Mr. DODD proposed an amendment DODD) was added as a cosponsor of S. mote economic growth establishing a to amendment No. 3559 proposed by Mr. 2162, a bill to amend the Internal Rev- public-private partnership between the GRASSLEY to the bill (S. 1301) to amend enue Code of 1986 to more accurately United States travel and tourism in- title 11, United States Code, to provide codify the depreciable life of printed dustry and every level of government for consumer bankruptcy protection, wiring board and printed wiring assem- to work to make the United States the and for other purposes; as follows: bly equipment. premiere travel and tourism destina- At the appropriate place, insert the fol- S. 2222 tion in the world, and for other pur- lowing: At the request of Mr. GRASSLEY, the poses. Sec. . PROTECTION OF SAVINGS EARMARKED names of the Senator from South Da- SENATE RESOLUTION 257 FOR THE POSTSECONDARY EDUCATION OF CHIL- kota (Mr. JOHNSON) and the Senator At the request of Mr. MURKOWSKI, the DREN.—Section 541(b) of title 11, United from North Dakota (Mr. CONRAD) were names of the Senator from Wyoming States Code, as amended by section 403 of this Act, is amended— added as cosponsors of S. 2222, a bill to (Mr. ENZI), the Senator from Wyoming amend title XVIII of the Social Secu- (1) in paragraph (6), by striking the period (Mr. THOMAS), and the Senator from at the end and inserting a semicolon; and rity Act to repeal the financial limita- Louisiana (Ms. LANDRIEU) were added (2) by inserting after paragraph (6) the fol- tion on rehabilitation services under as cosponsors of Senate Resolution 257, lowing: part B of the Medicare Program. a resolution expressing the sense of the ‘‘(7) except as otherwise provided under ap- S. 2338 Senate that October 15, 1998, should be plicable State law, any funds placed in a At the request of Mr. MOYNIHAN, the designated as ‘‘National Inhalant qualified State tuition program (as described name of the Senator from Pennsyl- Abuse Awareness Day.’’ in section 529(b) of the Internal Revenue Code of 1986) at least 180 days before the date vania (Mr. SANTORUM) was added as a f of entry of the order for relief or cosponsor of S. 2338, a bill to amend the ‘‘(8) any funds placed in an education indi- Harmonized Tariff Schedule of the SENATE RESOLUTION 281—TO AU- THORIZE TESTIMONY AND REP- vidual retirement account (as defined in sec- United States to provide for equitable tion 530(b)(1) of the Internal Revenue Code of duty treatment for certain wool used RESENTATION OF EMPLOYEES 1986) at least 180 days before the date of in making suits. OF THE SENATE entry of the order for relief.’’. S. 2354 Mr. LOTT (for himself and Mr. At the request of Mr. BOND, the name DASCHLE) submitted the following reso- FEINSTEIN (AND OTHERS) of the Senator from Alabama (Mr. SES- lution; which was considered and AMENDMENT NO. 3615 SIONS) was added as a cosponsor of S. agreed to: Mrs. FEINSTEIN (for herself, Mr. S. RES. 281 2354, a bill to amend title XVIII of the DURBIN, and Mr. JEFFORDS) proposed an Social Security Act to impose a mora- Whereas, in the case of United States v. amendment to the bill, S. 1301, supra; torium on the implementation of the Alphonso Michael Espy, Criminal Case No. as follows: per beneficiary limits under the in- 97–0335, pending in the United States District Court for the District of Columbia, a trial At the appropriate place in title VII, insert terim payment system for home health subpoena has been served upon Galen Foun- the following: agencies, and to modify the standards tain and Jo Nobles, employees of the Senate, SEC. . ENCOURAGING CREDITWORTHINESS. for calculating the per visit cost limits and Leslie Chalmers Tagg, formerly an em- (2) SENSE OF THE CONGRESS.—It is the sense and the rates for prospective payment ployee of the Senate; of the Congress that—

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10844 CONGRESSIONAL RECORD — SENATE September 23, 1998 (a)(1) certain lenders may sometimes offer (10) there are significant, widespread signs Senate Committee on Banking, Housing, and credit to consumers indiscriminately, with- of global deflation, to which the United Urban Affairs, the House Committee on the out taking steps to ensure that consumers States has not been exposed since the Great Judiciary, and the House Committee on are capable of repaying the resulting debt, Depression; Banking and Financial Services within the and in a manner which may encourage cer- (11) there has been a deterioration in a time allotted by this section. tain consumers to accumulate additional number of economies around the world, Insert at an appropriate place: debt; and which will negatively impact the United Section 546 of title 11, United States Code, (2) resulting consumer debt may increas- States through fewer purchases of United is amended by inserting at the end thereof— ingly be a major contributing factor to con- States exports and a greater influx of cheap ‘‘(I) Notwithstanding section 545(2) and (3) sumer insolvency. imports to the United States; of this title, the trustee may not avoid a (b) STUDY REQUIRED.—The Board of Gov- (12) the United States economy is a large, warehouseman’s lien for storage, transpor- ernors of the Federal Reserve System (here- healthy economic engine, and if the United tation or other costs incidental to the stor- after in this section referred to as the States economy does slow, it would be ex- age and handling of goods, as provided by ‘‘Board’’) shall conduct a study of— ceedingly difficult for the world-wide econ- Section 7–209 of the Uniform Commercial (1) consumer credit industry practices of omy to recover; Code.’’ soliciting and extending credit— (13) a decline in equity values could Insert at an appropriate place: (A) indiscriminately; dampen confidence and slow consumer and Section 330(a) of Title 11 is amended: (B) without taking steps to ensure that business spending, which together represents consumer are capable of repaying the result- (1) in subsection (3)(A) after the word four-fifths of the United States economy; ‘‘awarded’’, by inserting ‘‘to an examiner, ing debt; and (14) a decline in United States interest (C) in a manner that encourages consumers Chapter 11 trustee, or professional person’’; rates would help bolster the currencies of to accumulate additional debt; and and countries throughout the world suffering (2) the effects of such practices on con- (2) by adding at the end of subsection (3)(A) from economic hardships; and sumer debt and insolvency. the following: (15) a reduction in interest rates would (c) REPORT AND REGULATIONS.—Not later ‘‘(3)(B) In determining the amount of rea- than 24 months after the date of enactment strengthen the United States economy over sonable compensation to be awarded a trust- of this Act, the Board— the next year while the world’s weakened ee, the court shall treat such compensation (1) shall make public a report on its find- economies recover. as a commission based on the results ings with respect to the credit industry’s in- (b) SENSE OF THE CONGRESS.—It is the sense achieved.’’ discriminate solicitation and extension of of the Congress that the Federal Open Mar- On page 59 of amendment 3595, after clause credit; ket Committee should promptly reduce the ‘‘(v)’’, insert ‘‘(vi) not unfair because exces- (2) may issue regulations that would re- Federal Funds rate. sive in amount based upon the value of the quire additional disclosures to consumers; collateral.’’ and GRASSLEY AMENDMENT NO. 3617 On page 60 of amendment 3595, after clause (3) may take any other actions, consistent ‘‘(iii)’’ insert ‘‘(iv) the following statement: with its existing statutory authority, that Mr. GRASSLEY proposed an amend- ment to the bill, S. 1301, supra; as fol- If your current rate is a temporary introduc- the Board finds necessary to ensure respon- tory rate, your total costs may be higher.’’ sible industrywide practices and to prevent lows: f resulting consumer debt and insolvency. SEC. . TREASURY DEPARTMENT STUDY RE- GARDING SECURITY INTERESTS NATIONAL AIR TRANSPORTATION HARKIN (AND OTHERS) UNDER AN OPEN END CREDIT PLAN. SYSTEM IMPROVEMENT ACT OF AMENDMENT NO. 3616 (a) Within 180 days of the enactment of 1998 this Act, the Federal Reserve Board in con- Mr. HARKIN (for himself, Mr. DOR- sultation with the Treasury Department, the GAN, Mr. CONRAD, Mr. WELLSTONE, Mr. general credit industry, and consumer McCAIN (AND FORD) AMENDMENT BRYAN, and Mr. KERREY) proposed an groups, shall prepare a study regarding the amendment to the bill, S. 1301, supra; adequacy of information received by con- NO. 3618 as follows: sumers regarding the creation of security in- Mr. MCCAIN (for himself and Mr. terests under open end credit plans. At the appropriate place, insert the fol- FORD) proposed an amendment to the (b) FINDINGS.—This study shall include the lowing: Board’s findings regarding: bill (S. 2279) to amend title 49, United SEC. ll. SENSE OF THE CONGRESS REGARDING (1) whether consumers understand at the States Code, to authorize the programs INTEREST RATES. time of purchase of property under an open of the Federal Aviation Administration (a) FINDINGS.—The Congress finds, as of the end credit plan that such property may serve for fiscal years 1999, 2000, 2001, and 2002, date of enactment of this Act, that— (1) real interest rates are at historically as collateral under that credit plan; and for other purposes; as follows: (2) whether consumers understand at the high levels, the highest in 9 years; On page 88, in the matter appearing after (2) the Federal Funds rate is 5.5 percent, time of purchase the legal consequences of line 8, strike the item relating to section 106. where it has been since March 1997, despite disposing of property that is purchased under On page 88, in the matter appearing after an inflation rate of 1.6 percent: an open credit plan and is subject to a secu- line 8, insert the following after the item re- (3) between 1992 and 1994, the Federal rity interest under than plan; and lating to section 211: (3) whether creditors holding security in- Funds rate averaged 3.6 percent, while infla- Sec. 212. Airfield pavement conditions. tion was at 2.8 percent; terests in property purchased under an open (4) to confirm that real interest rates are end credit plan use such security interests to On page 89, strike the item relating to sec- historically high, the Chairman of the Board cover reaffirmations of existing debts under tion 403. of Governors of the Federal Reserve System, section 524 of the United States Bankruptcy On page 89, strike the item relating to sec- Alan Greenspan, said during his Humphrey- Code. tion 503 and insert the following: Hawkins testimony before the Committee on In formulating these findings, the Board Sec. 503. Runway safety areas; precision ap- Banking and Financial Services of the House shall consider, among other factors it deems proach path indicators. relevant, prevailing industry practices in of Representatives on February 24, 1998, On page 89, after the item relating to sec- this area. ‘‘Statistically, it is a fact that real interest tion 519 insert the following: rates are higher now than they have been on (c) DISCLOSURE RECOMMENDATIONS.—This Sec. 520. Improvements to air navigation fa- the average of the post-World War II pe- study shall also include the Board’s rec- cilities. riod.’’; ommendations regarding the utility and (5) inflation over the 2 years preceding the practicality of additional disclosures by Sec. 521. Denial of airport access to certain date of enactment of this Act was at its low- credit card issuers at the time of purchase air carriers. est level since the 1960’s; regarding security interests under open end Sec. 522. Tourism. (6) interest rates on 30 year Treasury bonds credit plans, including, but not limited to: Sec. 523. Equivalency of FAA and EU safety have sunk to record lows and are below the (1) disclosures of the specific property in standards. Federal funds rate, a signal that the United which the creditor will receive a security in- Sec. 524. Sense of the Senate on property States economy could be headed for a reces- terest; taxes on public-use airports. sion; (2) disclosures of the consequences of non- Sec. 525. Federal Aviation Administration (7) United States corporate earnings in the payment of the card balance, including how Personnel Management Sys- second quarter of 1998 were down 1.3 percent the security interest may be enforced; and tem. from a year earlier; (3) disclosures of the process by which pay- Sec. 526. Aircraft and aviation component (8) a reduction in interest rates would in- ments made on the card will be credited with repair and maintenance advi- crease resources for business growth; respect to the lien created by the security sory panel. (9) the farm debt is at its highest level contract and other debts on the card. Sec. 527. Report on enhanced domestic air- since 1985, and broad commodity price in- (d) The Board shall submit this report to line competition. dexes are extremely low; the Senate Committee on the Judiciary, the Sec. 528. Aircraft situational display data.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10845 On page 89 strike the items relating to sec- On page 106, between lines 16 and 17, insert ‘‘(4) showing compliance with regulations, tion 606 through 612 and insert the following: the following: exhibition, or air racing; or Sec. 606. Slot exemptions for nonstop re- (b) EFFECTIVE DATE.—This section applies ‘‘(5) the aerial application of a substance gional jet service. to any request filed on or after the date of for an agricultural purpose.’’. Sec. 607. Exemptions to perimeter rule at enactment of this Act. On page 118, between lines 12 and 13, insert Ronald Reagan Washington na- On page 107, line 10, after ‘‘conditioning)’’ the following: tional airport. insert ‘‘and aircraft fueling facilities adja- (b) COMPLIANCE.—Section 44712 is amended Sec. 608. Additional slots at Chicago O’Hare cent to an airport terminal building’’. by redesignating subsection (c) as subsection International Airport. On page 107, between lines 12 and 13, insert (d), and by inserting after subsection (b) the Sec. 609. Consumer notification of e-ticket the following: following: expiration dates. SEC. 212. AIRFIELD PAVEMENT CONDITIONS. ‘‘(c) COMPLIANCE.—An aircraft is deemed to Sec. 610. Joint venture agreements. (a) EVALUATION OF OPTIONS.—The Adminis- meet the requirement of subsection (a) if it Sec. 611. Regional air service incentive op- trator of the Federal Aviation Administra- is equipped with an emergency locator trans- tions. tion shall evaluate options for improving the mitter that transmits on the 121.5/243 mega- Sec. 612. GAO study of air transportation quality of information available to the Ad- hertz frequency or the 406 megahertz fre- needs. ministration on airfield pavement conditions quency, or with other equipment approved On page 89, after the item relating to sec- for airports that are part of the national air by the Secretary for meeting the require- tion 704, insert the following: transportation system, including— ment of subsection (a).’’. On page 118, line 13, strike ‘‘(b)’’ and insert Sec. 705. Prohibition of commercial air tours (1) improving the existing runway condi- tion information contained in the Airport ‘‘(c). over the Rocky Mountain Na- On page 118, line 17, strike ‘‘subsection (a)’’ tional Park. Safety Data Program by reviewing and revis- ing rating criteria and providing increased and insert ‘‘this section’’. On page 89, strike the items relating to training for inspectors; On page 118, line 19, strike ‘‘amendment title VIII and to section 801, and insert the (2) requiring such airports to submit pave- made by subsection (a)’’ and insert ‘‘amend- following: ment condition index information as part of ments made by this section’’. TITLE VIII—CENTENNIAL OF FLIGHT their airport master plan or as support in ap- On page 118, beginning with line 21, strike COMMEMORATION plications for airport improvement grants; through line 11 on page 119, and insert the following: Sec. 801. Short title. and (a) DENIAL; REVOCATION; AMENDMENT OF Sec. 802. Findings. (3) requiring all such airports to submit CERTIFICATE.— Sec. 803. Establishment. pavement condition index information on a (a) IN GENERAL.—Chapter 447 is amended by Sec. 804. Membership. regular basis and using this information to adding at the end thereof the following: Sec. 805. Duties. create a pavement condition database that Sec. 806. Powers. could be used in evaluating the cost-effec- ‘‘§ 44725. Denial and revocation of certificate Sec. 807. Staff and support services tiveness of project applications and fore- for counterfeit parts violations Sec. 808. Contributions. casting anticipated pavement needs. ‘‘(a) DENIAL OF CERTIFICATE.— Sec. 809. Exclusive right to name, logos, em- (b) REPORT TO CONGRESS.—The Adminis- ‘‘(1) IN GENERAL.—Except as provided in blems, seals, and marks. trator shall transmit a report, containing an paragraph (2) of this subsection and sub- Sec. 810. Reports. evaluation of such options, to the Senate section (e)(2) of this section, the Adminis- Sec. 811. Audit of financial translations. Committee on Commerce, Science, and trator may not issue a certificate under this Sec. 812. Advisory board. Transportation and the House of Representa- chapter to any person— Sec. 813. Definitions. tives Committee on Transportation and In- ‘‘(A) convicted of a violation of a law of the Sec. 614. Termination. frastructure not later than 12 months after United States or of a State relating to the Sec. 815. Authorization of appropriations. the date of enactment of this Act. installation, production, repair, or sale of a On page 90, line 10, insert: On page 110, line 3, insert a comma after counterfeit or falsely-represented aviation ‘‘(a) IN GENERAL.—’’ before ‘‘Section’’. ‘‘business’’. part or material; or On page 90, between lines 15 and 16, insert On page 110, line 4, insert a comma after ‘‘(B) subject to a controlling or ownership the following: ‘‘residence’’. interest of an individual convicted of such a (b) COORDINATION.—The authority granted On page 110, line 10, insert a comma after violation. the Secretary under section 41717 of title 49, ‘‘business’’. ‘‘(2) EXCEPTION.—Notwithstanding para- United States Code, does not affect the Sec- On page 110, line 11, insert a comma after graph (1), the Administrator may issue a cer- retary’s authority under any other provision ‘‘residence’’. tificate under this chapter to a person de- of law. On page 111, beginning with line 4, strike scribed in paragraph (1) if issuance of the On page 90, beginning with ‘‘1999,’’ in line through line 9 on page 112 and insert the fol- certificate will facilitate law enforcement ef- 16, strike through ‘‘2002.’’ in line 18 and in- lowing: forts. sert the following: ‘‘1999 and $5,784,000,000 for Section 45301 is amended by striking ‘‘gov- ‘‘(b) REVOCATION OF CERTIFICATE.— fiscal year 2000.’’. ernment.’’ in subsection (a)(2) and inserting ‘‘(1) IN GENERAL.—Except as provided in On page 92, line 23, insert ‘‘and’’ after the ‘‘government or to any entity obtaining subsections (f) and (g) of this section, the Ad- semicolon. services outside the United Sates.’’. ministrator shall issue an order revoking a On page 92, line 24, strike ‘‘2000;’’ and in- On page 115, beginning with line 14, strike certificate issued under this chapter if the sert ‘‘2000.’’. through line 13 on page 116. Administrator finds that the holder of the On page 92, beginning with line 25, strike On page 117, beginning with line 21, strike certificate, or an individual who has a con- through line 1 on page 93. through line 2 on page 118, and insert the fol- trolling or ownership interest in the holder— On page 93, line 5, strike ‘‘1999, 2000, 2001, lowing: ‘‘(A) was convicted of a violation of a law and 2002’’ and insert ‘‘1999 and 2000’’. SEC. 503. RUNAWAY SAFETY AREAS; PRECISION of the United States or of a State relating to On page 93, line 25, strike ‘‘1999,’’ and in- APPROACH PATH INDICATORS. the installation, production, repair, or sale sert ‘‘1999 and’’. Within 6 months after the date of enact- of a counterfeit or falsely-represented avia- On page 94, beginning with ‘‘2000,’’ in line 1, ment of this Act, the Administrator of the tion part or material; or strike through line 3 and insert ‘‘2000.’. ’’. Federal Aviation Administration shall so- ‘‘(B) knowingly carried out or facilitated On page 94, line 18, insert ‘‘at the end licit comments on the need for— an activity punishable under such a law. thereof’’ after ‘‘adding’’. (1) the improvement of runway safety ‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.— On page 96, beginning in line 8, strike areas; and In carrying out paragraph (1) of this sub- ‘‘analysis for subchapter I of’’ and insert (2) the installation of precision approach section, the Administrator may not review ‘‘chapter analysis for’’. path indicators. whether a person violated such a law. On page 96, line 10, strike ‘‘adding at the On page 118, strike lines 6 through 12 and ‘‘(c) NOTICE REQUIREMENT.—Before the Ad- end’’ and insert ‘‘inserting after the item re- insert the following: ministrator revokes a certificate under sub- lating to section 47135’’. ‘‘(b) NONAPPLICATION.—Subsection (a) does section (b), the Administrator shall— On page 97, beginning in line 13, strike not apply to aircraft when used in— ‘‘(1) advise the holder of the certificate of ‘‘the demonstration program result in’’ and ‘‘(1) scheduled flights by scheduled air car- the reason for the revocation; and insert ‘‘this section be used in a manner giv- riers holding certificates issued by the Sec- ‘‘(2) provide the holder of the certificate an ing rise to’’. retary of Transportation under subpart II of opportunity to be heard on why the certifi- On page 103, line 19, strike ‘‘subchapter’’ this part; cate should not be revoked. and insert ‘‘chapter’’. ‘‘(2) training operations conducted entirely ‘‘(d) APPEAL.—The provisions of section On page 105, line 15, insert a comma after within a 50-mile radius of the airport from 44710(d) apply to the appeal of a revocation ‘‘systems’’. which the training operations begin; order under subsection (b). For the purpose On page 106, line 8, strike ‘‘Notwith- ‘‘(3) flight operations related to the design of applying that section to such an appeal, standing’’ and insert ‘‘(a) IN GENERAL.—Not- and testing, manufacture, preparation, and ‘person’ shall be substituted for ‘individual’ withstanding’’. delivery of aircraft; each place it appears.

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‘‘(e) ACQUITTAL OR REVERSAL.— ment of additional revenue from both avia- On page 132, line 10, after ‘‘project’’ insert ‘‘(1) IN GENERAL.—The Administrator may tion and nonaviation sources. ‘‘on the air operations area,’’ not revoke, and the Board may not affirm a ‘‘(2) RESPONSE TO REQUEST FOR CERTAIN On page 140, strike lines 16 through 21. revocation of, a certificate under section CONVEYANCES.—Within 4 months after receiv- On page 143, between lines 18 and 19, insert (b)(1)(B) of this section if the holder of the ing a request from the Secretary under para- the following: certificate, or the individual, is acquitted of graph (1), the head of the department, agen- SEC. 520. IMPROVEMENTS TO AIR NAVIGATION all charges related to the violation. cy, or instrumentality shall— FACILITIES. ‘‘(2) REISSUANCE.—The Administrator may ‘‘(A) decide whether the requested convey- Section 44502(a) is amended by adding at reissue a certificate revoked under sub- ance is consistent with the needs of the de- the end thereof the following: section (b) of this section to the former hold- partment, agency, or instrumentality; ‘‘(5) The Administrator may improve real er if— ‘‘(B) notify the Secretary of the decision; property leased for air navigation facilities ‘‘(A) the former holder otherwise satisfies and without regard to the costs of the improve- the requirements of this chapter for the cer- ‘‘(C) make the requested conveyance if— ments in relation to the cost of the lease if— ‘‘(i) the requested conveyance is consistent tificate; ‘‘(A) the improvements primarily benefit with the needs of the department, agency, or ‘‘(B) the former holder, or individual, is ac- the government; instrumentality; ‘‘(B) are essential for mission accomplish- quitted of all charges related to the violation ‘‘(ii) the Attorney General approves the ment; and on which the revocation was based; or conveyance; and ‘‘(C) the government’s interest in the im- ‘‘(C) the conviction of the former holder, or ‘‘(iii) the conveyance can be made without individual, of the violation on which the rev- cost to the United States Government. provements is protected.’’. ocation was based is reversed. ‘‘(3) REVERSION.—Except as provided in SEC. 521. DENIAL OF AIRPORT ACCESS TO CER- ‘‘(f) WAIVER.—The Administrator may subsection (b), a conveyance under this sub- TAIN AIR CARRIERS. waive revocation of a certificate under sub- section may only be made on the condition (a) IN GENERAL.—Section 47107 is amended section (b) of this section if— that the property interest conveyed reverts by adding at the end thereof the following: ‘‘(1) a law enforcement official of the to the Government, at the option of the Sec- ‘‘(q) DENIAL OF ACCESS.— United States Government, or of a State retary, to the extent it is not developed for ‘‘(1) EFFECT OF DENIAL.—If an owner or op- (with respect to violations of State law), re- an airport purpose or used consistently with erator of an airport described in paragraph quests a waiver; or the conveyance.’’. (2) denies access to an air carrier described ‘‘(2) the waiver will facilitate law enforce- (b) RELEASE OF CERTAIN CONDITIONS.—Sec- in paragraph (3), that denial shall not be con- ment efforts. tion 47125 is amended— sidered to be unreasonable or unjust dis- ‘‘(g) AMENDMENT OF CERTIFICATE.—If the (1) by redesignating subsection (b) as sub- crimination or a violation of this section. holder of a certificate issued under this chap- section (c); and ‘‘(b) AIRPORTS TO WHICH SUBSECTION AP- ter is other than an individual and the Ad- (2) by inserting the following after sub- PLIES.—An airport is described in this para- ministrator finds that— section (a): graph if it— ‘‘(1) an individual who had a controlling or ‘‘(b) RELEASE OF CERTAIN CONDITIONS.—The ‘‘(A) is designated as a reliever airport by ownership interest in the holder committed Secretary may grant a release from any the Administrator of the Federal Aviation a violation of a law for the violation of term, condition, reservation, or restriction Administration; which a certificate may be revoked under contained in any conveyance executed under ‘‘(B) does not have an operating certificate this section, or knowingly carried out or fa- this section, section 16 of the Federal Air- issued under part 139 of title 14, Code of Fed- cilitated an activity punishable under such a port Act, section 23 of the Airport and Air- eral Regulations (or any subsequent similar law; and way Development Act of 1970, or section 516 regulations); and ‘‘(2) the holder satisfies the requirements of the Airport and Airway Improvement Act ‘‘(C) is located within a 35-mile radius of an for the certificate without regard to that in- of 1982, to facilitate the development of addi- airport that has— dividual, tional revenue from aeronautical and non- ‘‘(i) at least 0.05 percent of the total annual boardings in the United States; and then the Administrator may amend the cer- aeronautical sources if the Secretary— ‘‘(1) determines that the property is no ‘‘(ii) current gate capacity to handle the tificate to impose a limitation that the cer- longer needed for aeronautical purposes; demands of a public charter operation. tificate will not be valid if that individual ‘‘(2) determines that the property will be ‘‘(3) AIR CARRIERS DESCRIBED.—An air car- has a controlling or ownership interest in used solely to generate revenue for the pub- rier is described in this paragraph if it con- the holder. A decision by the Administrator lic airport; ducts operations as a public charter under under this subsection is not reviewable by ‘‘(3) provides preliminary notice to the part 380 of title 14, Code of Federal Regula- the Board.’’. head of the department, agency, or instru- tions (or any subsequent similar regulations) ‘‘(2) CONFORMING AMENDMENT.—The chapter mentality that conveyed the property inter- with aircraft that is designed to carry more analysis for chapter 447 is amended by add- est at least 30 days before executing the re- than 9 passengers per flight. ing at the end thereof the following: lease; ‘‘(4) DEFINITIONS.—In this subsection: ‘‘44725. Denial and revocation of certificate ‘‘(4) provides notice to the public of the re- ‘‘(A) AIR CARRIER; AIR TRANSPORTATION; for counterfeit parts viola- quested release; AIRCRAFT; AIRPORT.—The terms ‘air carrier’, tions’’. ‘‘(5) includes in the release a written jus- ‘air transportation’, ‘aircraft’, and ‘airport’ tification for the release of the property; and On page 119, line 12, strike ‘‘(c)’’ and insert have the meanings given those terms in sec- ‘‘(6) determines that release of the prop- ‘‘(b)’’. tion 40102 of this title. erty will advance civil aviation in the United On page 121, beginning with line 10, strike ‘‘(B) PUBLIC CHARTER.—The term ‘public States.’’. charter’ means charter air transportation for through line 8 on page 123 and insert the fol- (c) EFFECTIVE DATE.—Section 47125(b) of lowing: title 49, United States Code, as added by sub- which the general public is provided in ad- SEC. 508. CONVEYANCES OF UNITED STATES GOV- section (b) of this section, applies to prop- vance a schedule containing the departure ERNMENT LAND. erty interests conveyed before, on, or after location, departure time, and arrival loca- (a) IN GENERAL.—Section 47125(a) is amend- the date of enactment of this Act. tion of the flights.’’. ed to read as follows: (d) IDITAROD AREA SCHOOL DISTRICT.—Not- SEC. 522. TOURISM. ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.— withstanding any other provision of law (in- (a) FINDINGS.—Congress finds that— ‘‘(1) REQUEST FOR CONVEYANCE.—Except as cluding section 47125 of title 49, United (1) through an effective public-private provided in subsection (b) of this section, the States Code, as amended by this section), the partnership, Federal, State, and local gov- Secretary of Transportation— Administrator of the Federal Aviation Ad- ernments and the travel and tourism indus- ‘‘(A) shall request the head of the depart- ministration, or the Administrator of the try can successfully market the United ment, agency, or instrumentality of the General Services Administration, may con- States as the premiere international tourist United States Government owning or con- vey to the Iditarod Area School District destination in the world; trolling land or airspace to convey a prop- without reimbursement all right, title, and (2) in 1997, the travel and tourism industry erty interest in the land or airspace to the interest in 12 acres of property at Lake made a substantial contribution to the public agency sponsoring the project or own- Minchumina, Alaska, identified by the Ad- health of the Nation’s economy, as follows: ing or controlling the airport when nec- ministrator of the Federal Aviation Admin- (A) The industry is one of the Nation’s essary to carry out a project under this sub- istration, including the structures known as largest employers, directly employing chapter at a public airport, to operate a pub- housing units 100 through 105 and as utility 7,000,000 Americans, throughout every region lic airport, or for the future development of building 301. of the country, heavily concentrated among an airport under the national plan of inte- On page 124, line 2, strike the closing small businesses, and indirectly employing grated airport systems; and quotation marks and the second period. an additional 9,200,000 Americans, for a total ‘‘(B) may request the head of such a de- On page 124, line 19, strike ‘‘subsection.’’ of 16,200,000 jobs. partment, agency, or instrumentality to con- and insert ‘‘section.’’. (B) The industry ranks as the first, second, vey a property interest in the land or air- On page 128, strike the matter appearing or third largest employer in 32 States and space to such a public agency for a use that between lines 8 and 9 and insert the fol- the District of Columbia, generating a total will complement, facilitate, or augment air- lowing: tourism-related annual payroll of port development, including the develop- ‘‘44516. Human factors program’’. $127,900,000,000.

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(C) The industry has become the Nation’s (2) DUTIES.—The Task Force shall exam- and Transportation of the Senate a detailed third-largest retail sales industry, gener- ine— report setting forth— ating a total of $489,000,000,000 in total ex- (A) signage at facilities in the United (A) the manner in which appropriated penditures. States, including airports, seaports, land funds were expanded; (D) The industry generated $71,700,000,000 border crossings, highways, and bus, train, (B) changes in the United States market in tax revenues for Federal, State, and local and other public transit stations, and shall share of international tourism in general and governments; identify existing inadequacies and suggest as measured against specific countries and (3) the more than $98,000,000,000 spent by solutions for such inadequacies, such as the regions; foreign visitors in the United States in 1997 adoption of uniform standards on inter- (C) an analysis of the impact of inter- generated a trade services surplus of more national signage for use throughout the than $26,000,000,000; national tourism on the United States econ- United States in order to facilitate inter- omy, including, as specifically as prac- (4) the private sector, States, and cities national visitors’ travel in the United currently spend more than $1,000,000,000 an- ticable, an analysis of the impact of expendi- States; tures made pursuant to this section; nually to promote particular destinations (B) the availability of multilingual travel (D) an analysis of the impact of inter- within the United States to international and tourism information and means of dis- national tourism on the United States trade visitors; seminating, at no or minimal cost to the (5) because other nations are spending hun- balance and, as specifically as practicable, Government, of such information; and analysis of the impact on the trade balance dreds of millions of dollars annually to pro- (C) facilitating the establishment of a toll- of expenditures made pursuant to this sec- mote the visits of international tourists to free, private-sector operated, telephone num- their countries, the United States will miss tion; and ber, staffed by multilingual operators, to a major marketing opportunity if it fails to provide assistance to international tourists (E) an analysis of other relevant economic aggressively compete for an increased share coping with an emergency. impacts as a result of expenditures made of international tourism expenditures as (3) MEMBERSHIP.—The Task Force shall be pursuant to this section. they continue to increase over the next dec- composed of the following members: SEC. 523. EQUIVALENCY OF FAA AND EU SAFETY ade; (A) The Secretary of Commerce. STANDARDS (6) a well-funded, well-coordinated inter- (B) The Secretary of State. The Administrator of the Federal Aviation national marketing effort—combined with (C) The Secretary of Transportation. additional public and private sector efforts— Administration shall determine whether the (D) The Chair of the Board of Directors of Administration’s safety regulations are would help small and large businesses, as the United States National Tourism Organi- well as State and local governments, share equivalent to the safety standards set forth zation. in European Union Directive 89/336EEC. If in the anticipated phenomenal growth of the (E) Such other representatives of other international travel and tourism market in the Administrator determines that the Federal agencies and private-sector entities standards are equivalent, the Administrator the 21st century; as may be determined to be appropriate to (7) by making permanent the successful shall work with the Secretary of Commerce the mission of the Task Force by the Chair- to gain acceptance of that determination visa waiver pilot program, Congress can fa- man. cilitate the increased flow of international pursuant to the Mutual Recognition Agree- (4) CHAIRMAN.—The Secretary of Commerce ment between the United States and the Eu- visitors to the United States; shall be Chairman of the Task Force. The (8) Congress can increase the opportunities ropean Union of May 18, 1998, in order to en- Task Force shall meet at least twice each for attracting international visitors and en- sure that aviation products approved by the year. Each member of the Task Force shall hancing their stay in the United States by— Administration are acceptable under that (A) improving international signage at air- furnish necessary assistance to the Task Directive. Force. ports, seaports, land border crossings, high- SEC. 524. SENSE OF THE SENATE ON PROPERTY (5) REPORT.—Not later than 18 months ways, and bus, train, and other public transit TAXES ON PUBLIC-USE AIRPORTS, after the date of the enactment of this Act, stations in the United States; It is the sense of the Senate that— (B) increasing the availability of multi- the Chairman of the Task Force shall submit to the President and to Congress a report on (1) property taxes on public-use airports lingual tourist information; and should be assessed fairly and equitably, re- (C) creating a toll-free, private-sector oper- the results of the review, including proposed gardless of the location of the owner of the ated, telephone number, staffed by multi- amendments to existing laws or regulations airport; and lingual operators, to provide assistance to as may be appropriate to implement such international tourist coping with an emer- recommendations. (2) the property tax recently assessed on gency; (d) TRAVEL AND TOURISM INDUSTRY SAT- the City of The Dalles, Oregon, as the owner (9) by establishing a satellite system of ac- ELLITE SYSTEM OF ACCOUNTING.— and operator of the Columbia Gorge Re- counting for travel and tourism, the Sec- (1) IN GENERAL.—The Secretary of Com- gional/The Dalles Municipal Airport, located retary of Commerce could provide Congress merce shall complete, as soon as may be in the State of Washington, should be re- and the President with objective, thorough practicable, a satellite system of accounting pealed. data that would help policy-makers more ac- for the travel and tourism industry. SEC. 525. FEDERAL AVIATION ADMINISTRATION curately gauge the size and scope of the do- (2) FUNDING.—To the extent any costs or PERSONNEL MANAGEMENT SYSTEM. mestic travel and tourism industry and its expenditures are incurred under this sub- (a) APPLICABILITY OF MERIT SYSTEMS PRO- significant impact on the health of the Na- section, they shall be covered to the extent TECTION BOARD PROVISIONS.—Section 347(b) tion’s economy; and funds are available to the Department of of the Department of Transportation and Re- (10) having established the United States Commerce for such purpose. lated Agencies Appropriations Act, 1996 (109 National Tourism Organization under the (e) AUTHORIZATION OF APPROPRIATIONS.— Stat. 460) is amended— (1) AUTHORIZATION.—Subject to paragraph United States National Tourism Organiza- (1) by striking ‘‘and’’ at the end of para- (2), there are authorized to be appropriated tion Act of 1996 (22 U.S.C. 2141 et seq.) to in- graph (6); such sums as may be necessary for the pur- crease the United States share of the inter- (2) by striking the period at the end of pose of funding international promotional national tourism market by developing a na- paragraph (7) and inserting a semicolon and activities by the United States National tional travel and tourism strategy, Congress ‘‘and’’; and should support a long-term marketing effort Tourism Organization to help brand, posi- tion, and promote the United States as the (3) by adding at the end thereof the fol- and other important regulatory reform ini- lowing: tiatives to promote increased travel to the premiere travel and tourism destination in ‘‘(8) sections 1204, 1211–1218, 1221, and 7701– United States for the benefit of every sector the world. 7703, relating to the Merit Systems Protec- of the economy. (2) RESTRICTIONS ON USE OF FUNDS.—None tion Board.’’. (b) PURPOSES.—The purposes of this section of the funds appropriated under paragraph (1) are to provide international visitor initia- may be used for purposes other than mar- (b) APPEALS TO MERIT SYSTEMS PROTECTION tives and an international marketing pro- keting, research, outreach, or any other ac- BOARD.—Section 347(c) of the Department of gram to enable the United States travel and tivity designed to promote the United States Transportation and Related Agencies Appro- tourism industry and every level of govern- as the premiere travel and tourism destina- priations Act, 1996 is amended to read as fol- ment to benefit from a successful effort to tion in the world, except that the general lows: make the United States the premiere travel and administrative expenses of operating the ‘‘(c) APPEALS TO MERIT SYSTEM PROTECTION destination in the world. United States National Tourism Organiza- BOARD.—Under the new personnel manage- (c) INTERNATIONAL VISITOR ASSISTANCE tion shall be borne by the private sector ment system developed and implemented TASK FORCE.— through such means as the Board of Direc- under subsection (a), an employee of the Fed- (1) ESTABLISHMENT.—Not later than 9 tors of the Organization shall determine. eral Aviation Administration may submit an months after the date of enactment of this (3) REPORT TO CONGRESS.—Not later than appeal to the Merit Systems Protection Act, the Secretary of Commerce shall estab- March 30 of each year in which funds are Board and may seek judicial review of any lish an Intergovernmental Task Force for made available under subsection (a), the Sec- resulting final orders or decisions of the International Visitor Assistance (hereafter retary shall submit to the Committee on Board from any action that was appealable in this subsection referred to as the ‘‘Task Commerce of the House of Representatives to the Board under any law, rule, or regula- Force’’). and the Committee on Commerce, Science, tion as of March 31, 1996.’’.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10848 CONGRESSIONAL RECORD — SENATE September 23, 1998 SEC 526. AIRCRAFT AND AVIATION COMPONENT (1) require United States air carriers to On page 157, strike lines 14 through 23, and REPAIR AND MAINTENANCE ADVI- submit the information described in sub- insert the following: SORY PANEL. section (d) with respect to their use of con- To carry out sections 41743 through 41746 of (a) ESTABLISHMENT OF PANEL.—The Admin- tract and non-contract aircraft and aviation title 49, United States Code, for the 4 fiscal- istrator of the Federal Aviation Administra- component repair facilities located in the year period beginning with fiscal year 1999— tion— United States; and (1) there are authorized to be appropriated (1) shall establish an Aircraft Repair and (2) obtain information from such stations to the Secretary of Transportation not more Maintenance Advisory Panel to review issues about work performed for foreign air car- than $10,000,000; and related to the use and oversight of aircraft riers. (2) not more than $20,000,000 shall be made and aviation component repair and mainte- (f) FAA TO MAKE INFORMATION AVAILABLE available, if available, to the Secretary for nance facilities located within, or outside of, TO PUBLIC.—The Administrator shall make obligation and expenditure out of the ac- the United States; and any information received under subsection count established under section 45303(a) of (2) may seek the advice of the panel on any (d) or (e) available to the public. title 49, United States Code. issue related to methods to improve the safe- (g) TERMINATION.—The panel established ty of domestic or foreign contract aircraft To the extent that amounts are not available under subsection (a) shall terminate on the in such account, there are authorized to be and aviation component repair facilities. earlier of— (b) MEMBERSHIP.—The panel shall consist appropriated such sums as may be necessary (1) the date that is 2 years after the date of of— to provide the amount authorized to be obli- (1) 8 members, appointed by the Adminis- enactment of this Act; or gated under paragraph (2) to carry out those trator as follows: (2) December 31, 2000. sections for that 4 fiscal-year period. (A) 3 representatives of labor organizations (h) ANNUAL REPORT TO CONGRESS.—The Ad- On page 157, between lines 12 and 13, insert representing aviation mechanics; ministrator shall report annually to the Con- the following: (B) 1 representative of cargo air carriers; gress on the number and location of air agen- (d) AUTHORIZATION OF APPROPRIATIONS.— (C) 1 representative of passenger air car- cy certificates that were revoked, suspended, There are authorized to be appropriated to riers; or not renewed during the preceding year. the Secretary of Transportation such sums (D) 1 representative of aircraft and avia- (i) DEFINITIONS.—Any term used in this as may be necessary to carry out section tion component repair stations; section that is defined in subtitle VII of title 41747 of title 49, United States Code. (E) 1 representative of aircraft manufac- 49, United States Code, has the meaning On page 159, beginning with line 3, strike turers; and given that term in that subtitle. through line 22 on page 167 and insert the fol- (F) 1 representative of the aviation indus- SEC. 527. REPORT ON ENHANCED DOMESTIC AIR- lowing: try not described in the preceding subpara- LINE COMPETITION. SEC. 606. SLOT EXEMPTIONS FOR NONSTOP RE- graphs; (a) FINDINGS.—The Congress makes the fol- GIONAL JET SERVICE. (2) 1 representative from the Department lowing findings: (a) IN GENERAL.—Subchapter I of chapter of Transportation, designated by the Sec- (1) There has been a reduction in the level 417 is amended by— retary of Transportation; of competition in the domestic airline busi- (1) redesignating section 41715 as 41716; and (3) 1 representative from the Department ness brought about by mergers, consolida- (2) inserting after section 41714 the fol- of State, designated by the Secretary of tions, and proposed domestic alliances. lowing: State; and (2) Foreign citizens and foreign air carriers ‘‘§ 41715. Slot exemption for nonstop regional (4) 1 representative from the Federal Avia- may be willing to invest in existing or start- jet service. tion Administration, designated by the Ad- up airlines if they are permitted to acquire a ministrator. larger equity share of a United States air- ‘‘(a) IN GENERAL.—Within 90 days after re- (c) RESPONSIBILITIES.—The panel shall— line. ceiving an application for an exemption to (1) determine how much aircraft and avia- (b) STUDY.—the Secretary of Transpor- provide nonstop regional jet air service be- tion component repair work and what type tation, after consulting the appropriate Fed- tween— of aircraft and aviation component repair eral agencies, shall study and report to the ‘‘(1) an airport that is smaller than a large work is being performed by aircraft and avia- Congress not later than December 31, 1998, on hub airport (as defined in section 47134(d)(2)); tion component repair stations located with- the desirability and implications of— and in, and outside of, the United States to bet- (1) decreasing the foreign ownership provi- ‘‘(2) a high density airport subject to the ter understand and analyze methods to im- sions in section 40102(a)(15) of title 49, United exemption authority under section 41714(a), prove the safety and oversight of such facili- States Code, to 51 percent from 75 percent; the Secretary of Transportation shall grant ties; and and or deny the exemption in accordance with es- (2) provide advice and counsel to the Ad- (2) changing the definition of air carrier in tablished principles of safety and the pro- ministrator with respect to aircraft and section 40102(a)(2) of such title by sub- motion of competition. aviation component repair work performed ‘‘(b) EXISTING SLOTS TAKEN INTO AC- stituting ‘‘a company whose principal place by those stations, staffing needs, and any COUNT.—In deciding to grant or deny an ex- of business is in the United States’’ for ‘‘a safety issues associated with that work. emption under subsection (a), the Secretary citizen of the United States’’. (d) FAA TO REQUEST INFORMATION FROM may take into consideration the slots and FOREIGN AIRCRAFT REPAIR STATIONS.— SEC. 528. AIRCRAFT SITUATIONAL DISPLAY DATA. slot exemptions already used by the appli- (1) COLLECTION OF INFORMATION.—The Ad- (a) IN GENERAL.—A memorandum of agree- cant. ministrator shall by regulation request air- ment between the Administrator of the Fed- ‘‘(c) CONDITIONS.—The Secretary may grant craft and aviation component repair stations eral Aviation Administration and any person an exemption to an air carrier under sub- located outside the United States to submit that obtains aircraft situational display data section (a)— such information as the Administrator may from the Administration shall require that— ‘‘(1) for a period of not less than 12 months; require in order to assess safety issues and (1) the person demonstrate to the satisfac- ‘‘(2) for a minimum of 2 daily roundtrip enforcement actions with respect to the tion of the Administrator that such person is flights; and work performed at those stations on aircraft capable of selectively blocking aircraft reg- ‘‘(3) for a maximum of 3 daily roundtrip used by United States air carriers. istration numbers of any aircraft; and flights. (2) DRUG AND ALCOHOL TESTING INFORMA- (2) the person agree to block selectively ‘‘(d) CHANGE OF NONHUB, SMALL HUB, OR TION.—Included in the information the Ad- the aircraft registration numbers of any air- MEDIUM HUB AIRPORT; JET AIRCRAFT.—The ministrator requests under paragraph (1) craft owner or operator upon that owner or Secretary may, upon application made by an shall be information on the existence and ad- operator’s request within 30 days after re- air carrier operating under an exemption ministration of employee drug and alcohol ceiving the request. granted under subsection (a)— testing programs in place at such stations, if (b) TERMINATION FOR NONCOMPLIANCE.—If ‘‘(1) authorize the air carrier or an affili- applicable. any person obtaining such data under such a ated air carrier to upgrade service under the (3) DESCRIPTION OF WORK DONE.—Included in memorandum of agreement fails to block exemption to a larger jet aircraft; or the information the Administrator requests such numbers within 30 days after receiving ‘‘(2) authorize an air carrier operating under paragraph (1) shall be information on a request described in subsection (a)(2), then under such an exemption to change the the amount and type of aircraft and aviation the memorandum of agreement will termi- nonhub airport or small hub airport for component repair work performed at those nate immediately. which the exemption was granted to provide stations on aircraft registered in the United (c) EXISTING MEMORANDA TO BE CON- the same service to a different airport that is States. FORMED.—the Administrator shall conform smaller than a large hub airport (as defined (e) FAA TO REQUEST INFORMATION ABOUT any memoranda of agreement, in effect on in section 47134(d)(2)) if— DOMESTIC AIRCRAFT REPAIR STATIONS.—If the the date of enactment of this Act, between ‘‘(A) the air carrier has been operating Administrator determines that information the Administration and a person under under the exemption for a period of not less on the volume of the use of domestic aircraft which that person obtains such data to in- than 12 months; and and aviation component repair stations is corporate the requirements of subsection (a) ‘‘(B) the air carrier can demonstrate needed in order better to utilize Federal within 30 days after that date. unmitigatable losses. Aviation Administration resources, the Ad- On page 146, line 13, insert ‘‘of chapter 417’’ ‘‘(e) FORFEITURE FOR MISUSE.—Any exemp- ministrator may— after ‘‘Subchapter II’’. tion granted under subsection (a) shall be

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10849 terminated immediately by the Secretary if (1) redesignating section 41716 as 41717; and ‘‘(D) Subparagraph (C) does not apply to the air carrier to which it was granted uses (2) inserting after section 41715 the fol- any increase in the number of instrument the slot for any purpose other than the pur- lowing: flight rule takeoffs and landings necessary to pose for which it was granted or in violation ‘‘§ 41716. Special Rules for Ronald Reagan implement exemptions granted by the Sec- of the conditions under which it was granted. Washington National Airport retary under section 41716.’’. ‘‘(f) RESTORATION OF AIR SERVICE.—To the ‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—In (c) MWAA NOISE-RELATED GRANT ASSUR- extent that— addition to any exemption granted under ANCES.— ‘‘(1) slots were withdrawn from an air car- section 41714(d), the Secretary shall by order (1) IN GENERAL.—In addition to any condi- rier under section 41714(b); grant exemptions from the application of tion for approval of an airport development ‘‘(2) the withdrawal of slots under that sec- sections 49104(a)(5), 49109, 49111(e), and 41714 project that is the subject of a grant applica- tion resulted in a net loss of slots; and of this title to air carriers to operate limited tion submitted to the Secretary of Transpor- ‘‘(3) the net loss of slots and slot exemp- frequencies and aircraft on select routes be- tation under chapter 471 of title 49, United tions resulting from the withdrawal had an tween Ronald Reagan Washington National States Code, by the Metropolitan Wash- adverse effect on service to nonhub airports Airport and domestic hub airports of such ington Airports Authority, the Authority and in other domestic markets, carriers and exemptions from the require- shall be required to submit a written assur- the Secretary shall give priority consider- ments of subparts K and S of part 93, Code of ance that, for each such grant made to the ation to the request of any air carrier from Federal Regulations, if the Secretary finds Authority for fiscal year 1999 or any subse- which slots were withdrawn under that sec- that the exemptions will— quent fiscal year— tion for an equivalent number of slots at the ‘‘(1) provide air transportation service with (A) the Authority will make available for airport where the slots were withdrawn. No domestic network benefits in areas beyond that fiscal year funds for noise compatibility priority consideration shall be given under the perimeter described in that section; and planning and programs that are eligible to ‘‘(2) increase competition in multiple mar- this subsection to an air carrier described in receive funding under chapter 471 of title 49, kets. paragraph (1) when the net loss of slots and United States Code, in an amount not less ‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—In slot exemptions is eliminated. than 10 percent of the aggregate annual addition to any exemption granted under amount of financial assistance provided to ‘‘(g) PRIORITY TO NEW ENTRANTS AND LIM- section 41714(d) or subsection (a) of this sec- the Authority by the Secretary as grants ITED INCUMBENT CARRIERS.— tion, the Secretary shall by order grant ex- under chapter 471 of title 49, United States ‘‘(1) IN GENERAL.—In granting slot exemp- emptions from the requirements of sections tions under this section the Secretary shall, Code; and 49104(a)(5), 49111(e), and 41714 of this title and (B) the Authority will not divert funds in conjunction with subsection (f), give pri- subparts K and S of part 93 of title 14, Code from a high priority safety project in order ority consideration to an application from of Federal Regulations, to commuter air car- to make funds available for noise compat- an air carrier that, as of July 1, 1998, oper- riers for service to airports smaller than ibility planning and programs. ated or held fewer than 20 slots or slot ex- large hub airports (as defined in section (2) WAIVER.—The Secretary of Transpor- emptions at the high density airport for 47134(d)(2)) within the perimeter established tation may waive the requirements of para- which it filed an exemption application. for civil aircraft operations at Ronald graph (1) for any fiscal year for which the ‘‘(2) LIMITATION.—No priority may be given Reagan Washington National Airport under Secretary determines that no additional under paragraph (1) to an air carrier that, at section 49109. The Secretary shall develop noise mitigation is necessary at or around the time of application, operates or holds 20 criteria for distributing slot exemptions for Ronald Reagan Washington National Air- or more slots and slot exemptions at the air- flights within their perimeter to airports port. port for which the exemption application is other than large hubs under this paragraph (3) SUNSET.—This subsection shall cease to filed. in a manner consistent with the promotion be in effect 5 years after the date of enact- ‘‘(3) AFFILIATED CARRIERS.—The Secretary of air transportation. ment of this Act. shall treat all commuter air carriers that ‘‘(c) LIMITATIONS.— (d) NOISE COMPATIBILITY PLANNING AND have cooperative agreements, including ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- PROGRAMS.—Section 47117(e) is amended by code-share agreements, with other air car- emption may not be granted under this sec- adding at the end thereof the following: riers equally for determining eligibility for tion with respect to any aircraft that is not ‘‘(3) In making grants under paragraph exemptions under this section regardless of a Stage 3 aircraft (as defined by the Sec- (1)(A), the Secretary shall give priority to the form of the corporate relationship be- retary). applications for airport noise compatibility ‘‘(2) GENERAL EXEMPTIONS.—An exemption tween the commuter air carrier and the planning and programs at and around air- granted under subsection (a) may not— other air carrier. ports where operations increase under title ‘‘(A) increase the number of operations at ‘‘(h) STAGE 3 AIRCRAFT REQUIRED.—An ex- VI of the Wendell H. Ford National Air Ronald Reagan Washington National Airport emption may not be granted under this sec- Transportation System Improvement Act of in any 1-hour period during the hours be- tion with respect to any aircraft that is not 1998 and the amendments made by that tween 7:00 a.m. and 9:59 p.m. by more than 2 a Stage 3 aircraft (as defined by the Sec- title.’’. retary). operations; or ‘‘(B) result in the withdrawal or reduction (e) CONFORMING AMENDMENTS.— ‘‘(i) REGIONAL JET DEFINED.—In this sec- (1) Section 49111 is amended by striking tion— of slots operated by an air carrier. ‘‘(3) ADDITIONAL EXEMPTIONS.—The Sec- subsection(e). ‘‘(1) REGIONAL JET.—The term ‘regional jet’ retary shall grant exemptions under sub- (2) The chapter analysis for chapter 417, as means a passenger, turbofan-powered air- amended by section 606(b) of this Act, is craft carrying not fewer than 30 and not sections (a) and (b) that— ‘‘(A) will result in 12 additional daily air amended by striking the item relating to more than 50 passengers. carrier slot exemptions at such airport for section 41716 and inserting the following: ‘‘(2) OTHER TERMS.—Any term used in this long-haul service beyond the perimeter; ‘‘41716. Special Rules for Ronald Reagan section that is defined in section 41762 has ‘‘(B) will result in 12 additional daily com- Washington National Airport. the meaning given that term by section muter slot exemptions at such airport; and ‘‘41717. Air service termination notice.’’. 41762.’’. ‘‘(C) will not result in additional daily (d) REPORT.—Within 1 year after the date (b) CONFORMING AMENDMENTS.— commuter slot exemptions for service to any of enactment of this Act, and biannually (1) Section 40102 is amended by inserting within-the-perimeter airport that is not thereafter, the Secretary shall certify to the after paragraph (28) the following: ‘‘(28A) smaller than a large hub airport (as defined United States Senate Committee on Com- LIMITED INCUMBENT AIR CARRIER.—The term in section 47134(d)(2)). merce, Science, and Transportation, the ‘limited incumbent air carrier’ has the ‘‘(4) REVIEW OF SAFETY, ENVIRONMENTAL, United States House of Representatives meaning given that term in subpart S of part AND NOISE IMPACT.—The Secretary shall as- Committee on Transportation and Infra- 93 of title 14, Code of Federal Regulations, sess the impact of granting exemptions structure, the Governments of Maryland, except that ‘20’ shall be substituted for ‘12’ in under subsections (a) and (b) on the environ- Virginia, and West Virginia and the Wash- sections 93.213(a)(5), 93.223(c)(3), and 93.226(h) ment (including noise levels) and safety dur- ington D.C. Council of Governments that as such sections were in effect on August 1, ing the first 90 days after the date of enact- noise standards, air traffic congestion, air- 1998.’’. ment of the Wendell H. Ford National Air port-related vehicular congestion, safety (2) The chapter analysis for chapter 417 is Transportation System Improvement Act of standards, and adequate air service to com- amended by striking the item relating to 1998. The environmental assessment shall be munities served by small hub airports and section 41716 and inserting the following: carried out in accordance with parts 1500– medium hub airports within the perimeter ‘‘41715. Slot exemptions for nonstop regional 1508 of title 40, Code of Federal Regulations, described in section 49109 of title 49, United jet service. including a public meeting. States Code, have been maintained at appro- ‘‘41716. Air service termination notice.’’. ‘‘(5) APPLICABILITY WITH EXEMPTION 5133.— priate levels. SEC. 607. EXEMPTIONS TO PERIMETER RULE AT Nothing in this section affects Exemption SEC. 608. ADDITIONAL SLOT EXEMPTIONS AT CHI- RONALD REAGAN WASHINGTON NA- No. 5133, as from time-to-time amended and CAGO O’HARE INTERNATIONAL AIR- TIONAL AIRPORT. extended.’’. PORT. (a) IN GENERAL.—Subchapter I of chapter (b) OVERRIDE OF MWAA RESTRICTION.—Sec- (a) IN GENERAL.—Chapter 417, as amended 417, as amended by section 606, is amended tion 49104(a)(5) is amended by adding at the by section 607, is amended by— by— end thereof the following: (1) redesignating section 41717 as 41718; and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10850 CONGRESSIONAL RECORD — SENATE September 23, 1998 (2) inserting after section 41716 the fol- mote communities and reliever airports. In (1) The Director of the National Air and lowing: assessing the effectiveness of the system the Space Museum of the Smithsonian Institute ‘‘§ 41717. Special Rules for Chicago O’Hare Comptroller General may consider airport or his designee. International Airport runway length of 5,500 feet or the equivalent (2) The Administrator of the National Aer- altitude-adjusted length, air traffic control onautics and Space Administration or his ‘‘(a) IN GENERAL.—The Secretary of Trans- facilities, and navigational aids. designee. portation shall grant 30 slot exemptions over On page 189, line 2, strike ‘‘40125’’ and in- (3) The chairman of the First Flight Cen- a 3-year period beginning on the date of en- sert ‘‘40126’’. tennial Foundation of North Carolina, or his actment of the Wendell H. Ford National Air On page 189, line 9, strike ‘‘40125’’ and in- designee. Transportation System Improvement Act of sert ‘‘40126’’. (4) The chairman of the 2003 Committee of 1998 at Chicago O’Hare International Air- On page 189, between lines 11 and 12, insert Ohio, or his designee. port. the following: (5) As chosen by the Commission, the presi- ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- (3) COMPLIANCE WITH OTHER REGULATIONS.— dent or head of a United States aeronautical MENTS.— For purposes of section 40126 of title 49, society, foundation, or organization of na- ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- United States Code— tional stature or prominence who will be a emption may not be granted under this sec- (A) regulations issued by the Secretary of person from a State other than Ohio or tion with respect to any aircraft that is not Transportation and the Administrator of the North Carolina. a Stage 3 aircraft (as defined by the Sec- Federal Aviation Administration under sec- (6) The Administrator of the Federal Avia- retary). tion 3 of Public Law 100–91 (16 U.S.C. 1a–1, tion Administration, or his designee. ‘‘(2) SERVICE PROVIDED.—Of the exemptions note); and (b) VACANCIES.—Any vacancy in the Com- granted under subsection (a)— (B) commercial air tour operations carried mission shall be filled in the same manner in ‘‘(A) 18 shall be used only for service to un- out in compliance with the requirements of which the original designation was made. derserved markets, of which no fewer than 6 those regulations, (c) COMPENSATION.— shall be designated as commuter slot exemp- shall be deemed to meet the requirements of (1) PROHIBITION OF PAY.—Except as pro- tions; and such section 40126. vided in paragraph (2), members of the Com- ‘‘(B) 12 shall be air carrier slot exemptions. On page 191, strike lines 1 through 5 and in- mission shall serve without pay or com- ‘‘(c) PROCEDURAL REQUIREMENTS.—Before sert the following: pensation. granting additional exemptions under sub- ‘‘(2) on the designation of appropriate and (2) TRAVEL EXPENSES.—The Commission section (a), the Secretary shall— feasible quiet aircraft technology standards may adopt a policy, only by unanimous vote, ‘‘(1) conduct an environmental review, tak- for quiet aircraft technologies under devel- for members of the Commission and related ing noise into account, and determine that opment for commercial purposes, which will advisory panels to receive travel expenses, the granting of the additional exemptions receive preferential treatment in a given air including per diem in lieu of subsistence. will not cause a significant increase in noise; tour management plan; The policy may not exceed the levels estab- ‘‘(2) determine whether capacity is avail- On page 192, after line 22, insert the fol- lished under sections 5702 and 5703 of title 5, able and can be used safely and, if the Sec- lowing: United States Code. Members who are Fed- retary so determines then so certify; SEC. 705. PROHIBITION OF COMMERCIAL AIR eral employees shall not receive travel ex- ‘‘(3) give 30 days notice to the public TOURS OVER THE ROCKY MOUNTAIN penses if otherwise reimbursed by the Fed- through publication in the Federal Register NATIONAL PARK. eral Government. Effective beginning on the date of enact- of the Secretary’s intent to grant the addi- (d) QUORUM.—Three members of the Com- tional exemptions; and ment of this Act, no commercial air tour mission shall constitute a quorum. may be operated in the airspace over the ‘‘(4) consult with appropriate officers of (e) CHAIRPERSON.—The Commission shall the State and local government on any re- Rocky Mountain National Park notwith- select a Chairperson of the Commission from lated noise and environmental issues. standing any other provision of this Act or the members designated under subsection ‘‘(d) UNDERSERVED MARKET DEFINED.—In section 40126 of title 49, United States Code, (a)(1), (2), or (5). The Chairperson may not this section, the term ‘service to underserved as added by this Act. vote on matters before the Commission ex- On page 193, strike lines 1 through 12 and markets’ means passenger air transportation cept in the case of a tie vote. The Chair- insert the following: service to an airport that is a nonhub airport person may be removed by a vote of a major- or a small hub airport (as defined in para- TITLE VIII—CENTENNIAL OF FLIGHT ity of the Commission’s members. graphs (4) and (5), respectively, of section COMMEMORATION (f) ORGANIZATION.—No later than 90 days 41731(a)).’’. SEC. 801. SHORT TITLE. after the date of enactment of this Act, the (b) STUDIES.— This title may be cited as the ‘‘Centennial Commission shall meet and select a Chair- (1) 3-YEAR REPORT.—The Secretary shall of Flight Commemoration Act’’ person, Vice Chairperson, and Executive Di- study and submit a report 3 years after the SEC. 802. FINDINGS. rector. first exemption granted under section Congress finds that— SEC. 805. DUTIES. 41717(a) of title 49, United States Code, is (1) December 17, 2003, is the 100th anniver- (a) IN GENERAL.—The Commission shall— first used on the impact of the additional sary of the first successful manned, free, con- (1) represent the United States and take a slots on the safety, environment, noise, ac- trolled, and sustained flight by a power-driv- leadership role with other nations in recog- cess to underserved markets, and competi- en, heavier-than-air machine; nizing the importance of aviation history in tion at Chicago O’Hare International Air- (2) the first flight by Orville and Wilbur general and the centennial of powered flight port. Wright represents the fulfillment of the age- in particular, and promote participation by (2) DOT STUDY IN 2000.—The Secretary of old dream of flying; the United States in such activities; Transportation shall study community noise (3) the airplane has dramatically changed (2) encourage and promote national and levels in the areas surrounding the 4 high- the course of transportation, commerce, international participation and sponsorships density airports after the 100 percent Stage 3 communication, and warfare throughout the in commemoration of the centennial of pow- fleet requirements are in place, and compare world; ered flight by persons and entities such as— those levels with the levels in such areas be- (4) the achievement by the Wright brothers (A) aerospace manufacturing companies; fore 1991. stands as a triumph of American ingenuity, (B) aerospace-related military organiza- (c) CONFORMING AMENDMENT.—The chapter inventiveness, and diligence in developing tions; analysis for chapter 417, as amended by sec- new technologies, and remains an inspiration (C) workers employed in aerospace-related tion 607(b) of this Act, is amended by strik- for all Americans; industries; ing the item relating to section 41717 and in- (5) it is appropriate to remember and renew (D) commercial aviation companies; serting the following: the legacy of the Wright brothers at a time (E) general aviation owners and pilots; ‘‘41717. Special Rules for Chicago O’Hare when the values of creativity and daring rep- (F) aerospace researchers, instructors, and International Airport. resented by the Wright brothers are critical enthusiasts; ‘‘41718. Air service termination notice.’’. to the future of the Nation; and (G) elementary, secondary, and higher edu- On page 168, line 7, strike ‘‘417’’ and insert (6) as the Nation approaches the 100th an- cational institutions; ‘‘417, as amended by section 608,’’. niversary of powered flight, it is appropriate (H) civil, patriotic, educational, sporting, On page 168, line 9, strike ‘‘41716.’’ and in- to celebrate and commemorate the centen- arts, cultural, and historical organizations sert ‘‘41719.’’ nial year through local, national, and inter- and technical societies; On page 173, line 1, strike ‘‘RURAL’’. national observances and activities. (I) aerospace-related museums; and On page 173, strike lines 3 through 14 and SEC. 803. ESTABLISHMENT. (J) State and local governments; insert the following: There is established a commission to be (3) plan and develop, in coordination with The General Accounting Office shall con- known as the Centennial of Flight Commis- the First Flight Centennial Commission, the duct a study of the current state of the na- sion. First Flight Centennial Foundation of North tional airport network and its ability to SEC. 804. MEMBERSHIP. Carolina, and the 2003 Committee of Ohio, meet the air transportation needs of the (a) NUMBER AND APPOINTMENT.—The Com- programs and activities that are appropriate United States over the next 15 years. The mission shall be composed of 6 members, as to commemorate the 100th anniversary of study shall include airports located in re- follows: powered flight;

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10851 (4) maintain, publish, and distribute a cal- nation of the Commission shall become the be used to ensure proper disposition, as spec- endar or register of national and inter- property of the General Services Administra- ified in the final report required under sec- national programs and projects concerning, tion upon the date of termination. tion 810(b), of historically significant prop- and provide a central clearinghouse for, in- (d) MAILS.—The Commission may use the erty which was donated to or acquired by the formation and coordination regarding, dates, United States mails in the same manner and Commission. Any funds remaining after such events, and places of historical and com- under the same conditions as any other Fed- disposition shall be transferred to the Sec- memorative significance regarding aviation eral agency. retary of the Treasury for deposit into the history in general and the centennial of pow- SEC. 807. STAFF AND SUPPORT SERVICES. general fund of the Treasury of the United ered flight in particular; (a) EXECUTIVE DIRECTOR.—There shall be States. (5) provide national coordination for cele- an Executive Director appointed by the Com- SEC. 809. EXCLUSIVE RIGHT TO NAME, LOGOS, bration dates to take place throughout the mission and chosen from among detailees EMBLEMS, SEALS, AND MARKS. United States during the centennial year; from the agencies and organizations rep- (a) IN GENERAL.—The Commission may de- (6) assist in conducting educational, civic, resented on the Commission. The Executive vise any logo, emblem, seal, or descriptive or and commemorative activities relating to Director may be paid at a rate not to exceed designating mark that is required to carry the centennial of powered flight throughout the maximum rate of basic pay payable for out its duties or that it determines is appro- the United States, especially activities that the Senior Executive Service. priate for use in connection with the com- occur in the States of North Carolina and (b) STAFF.—The Commission may appoint memoration of the centennial of powered Ohio and that highlight the activities of the and fix the pay of any additional personnel flight. Wright brothers in such States; and that it considers appropriate, except that an (b) LICENSING.—The Commission shall have (7) encourage the publication of popular individual appointed under this subsection the sole and exclusive right to use, or to and scholarly works related to the history of may not receive pay in excess of the max- allow or refuse the use of, the name ‘‘Centen- aviation or the anniversary of the centennial imum rate of basic pay payable for GS–14 of nial of Flight Commission’’ on any logo, em- of powered flight. the General Schedule. blem, seal, or descriptive or designating (b) NONDUPLICATION OF ACTIVITIES.—The (c) INAPPLICABILITY OF CERTAIN CIVIL SERV- mark that the Commission lawfully adopts. Commission shall attempt to plan and con- ICE LAWS.—The Executive Director and staff (c) EFFECT ON OTHER RIGHTS.—No provision duct its activities in such a manner that ac- of the Commission may be appointed without of this section may be construed to conflict tivities conducted pursuant to this title en- regard to the provisions of title 5, United or interfere with established or vested hance, but do not duplicate, traditional and States Code, governing appointments in the rights. established activities of Ohio’s 2003 Com- competitive service, and may be paid with- (d) USE OF FUNDS.—Funds from licensing mittee, North Carolina’s First Flight Cen- out regard to the provisions of chapter 51 and royalties received pursuant to this section tennial Commission, the First Flight Cen- subchapter III of chapter 53 of such title, re- shall be used by the Commission to carry out tennial Foundation, or any organization of lating to classification and General Schedule the duties of the Commission specified by national stature or prominence. pay rates, except as provided under sub- this title. (e) LICENSING RIGHTS.—All exclusive licens- SEC. 806. POWERS. sections (a) and (b) of this section. ing rights, unless otherwise specified, shall (a) ADVISORY COMMITTEES AND TASK (d) MERIT SYSTEM PRINCIPLES.—The ap- revert to the Air and Space Museum of the FORCES.— pointment of the Executive Director or any Smithsonian Institution upon termination of (1) IN GENERAL.—The Commission may ap- personnel of the Commission under sub- the Commission. point any advisory committee or task force section (a) or (b) shall be made consistent from among the membership of the Advisory with the merit system principles under sec- SEC. 810. REPORTS. Board in section 812. tion 2301 of title 5, United States Code. (a) ANNUAL REPORT.—In each fiscal year in which the Commission is in existence, the (2) FEDERAL COOPERATION.—To ensure the (e) STAFF OF FEDERAL AGENCIES.—Upon re- overall success of the Commission’s efforts, quest by the Chairperson of the Commission, Commission shall prepare and submit to the Commission may call upon various Fed- the head of any Federal department or agen- Congress a report describing the activities of eral departments and agencies to assist in cy may detail, on either a nonreimbursable the Commission during the fiscal year. Each and give support to the programs of the or reimbursable basis, any of the personnel annual report shall also include— (1) recommendations regarding appropriate Commission. The head of the Federal depart- of the department or agency to the Commis- activities to commemorate the centennial of ment or agency, where appropriate, shall fur- sion to assist the Commission to carry out powered flight, including— nish the information or assistance requested its duties under this title. (A) the production, publication, and dis- by the Commission, unless prohibited by law. (f) ADMINISTRATIVE SUPPORT SERVICES.— tribution of books, pamphlets, films, and (3) PROHIBITION OF PAY OTHER THAN TRAVEL (1) REIMBURSABLE SERVICES.—The Sec- other educational materials; EXPENSES.—Members of an advisory com- retary of the Smithsonian Institution may (B) bibliographical and documentary mittee or task force authorized under para- provide to the Commission on a reimburs- able basis any administrative support serv- projects and publications; graph (1) shall not receive pay, but may re- (C) conferences, convocations, lectures, ceive travel expenses pursuant to the policy ices that are necessary to enable the Com- mission to carry out this title. seminars, and other similar programs; adopted by the Commission under section (D) the development of exhibits for librar- (2) NONREIMBURSABLE SERVICES.—The Sec- 804(c)(2). ies, museums, and other appropriate institu- retary may provide administrative support (b) POWERS OF MEMBERS AND AGENTS.—Any tions; services to the Commission on a nonreim- member or agent of the Commission may, if (E) ceremonies and celebrations commemo- bursable basis when, in the opinion of the authorized by the Commission, take any ac- rating specific events that relate to the his- Secretary, the value of such services is insig- tion that the Commission is authorized to tory of aviation; take under this title. nificant or not practical to determine. (F) programs focusing on the history of (g) COOPERATIVE AGREEMENTS.—The Com- (c) AUTHORITY TO PROCURE AND TO MAKE aviation and its benefits to the United mission may enter into cooperative agree- LEGAL AGREEMENTS.— States and humankind; and (1) IN GENERAL.—Notwithstanding any ments with other Federal agencies, State (G) competitions, commissions, and awards other provision in this title, only the Com- and local governments, and private interests regarding historical, scholarly, artistic, lit- mission may procure supplies, services, and and organizations that will contribute to erary, musical, and other works, programs, property, and make or enter into leases and public awareness of and interest in the cen- and projects related to the centennial of other legal agreements in order to carry out tennial of powered flight and toward fur- powered flight; this title. thering the goals and purposes of this title. (2) recommendations to appropriate agen- (2) RESTRICTION.— (h) PROGRAM SUPPORT.—The Commission cies or advisory bodies regarding the (A) IN GENERAL.—A contract, lease, or may receive program support from the non- issuance of commemorative coins, medals, other legal agreement made or entered into profit sector. and stamps by the United States relating to by the Commission may not extend beyond SEC. 808. CONTRIBUTIONS. aviation or the centennial of powered flight; the date of the termination of the Commis- (a) DONATIONS.—The Commission may ac- (3) recommendations for any legislation or sion. cept donations of personal services and his- administrative action that the Commission (B) FEDERAL SUPPORT.—The Commission toric materials relating to the implementa- determines to be appropriate regarding the shall obtain property, equipment, and office tion of its responsibilities under the provi- commemoration of the centennial of powered space from the General Services Administra- sions of this title. flight; tion or the Smithsonian Institution, unless (b) VOLUNTEER SERVICES.—Notwith- (4) an accounting of funds received and ex- other office space, property, or equipment is standing section 1342 of title 31, United pended by the Commission in the fiscal year less costly. States Code, the Commission may accept and that the report concerns, including a de- (3) SUPPLIES AND PROPERTY POSSESSED BY use voluntary and uncompensated services as tailed description of the source and amount COMMISSION AT TERMINATION.—Any supplies the Commission determines necessary. of any funds donated to the Commission in and property, except historically significant (c) REMAINING FUNDS.—Any funds (includ- the fiscal year; and items, that are acquired by the Commission ing funds received from licensing royalties) (5) an accounting of any cooperative agree- under this title and remain in the possession remaining with the Commission on the date ments and contract agreements entered into of the Commission on the date of the termi- of the termination of the Commission may by the Commission.

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(b) FINAL REPORT.—Not later than June 30, whose districts encompass any part of the ‘‘daily slots at such airport, of which at least 2004, the Commission shall submit to the Dayton Heritage National Historical Park. 6 shall be commuter slots’’. President and Congress a final report. The (c) VACANIES.—Any vacancy in the Advi- On page 165, lines 6 and 7, strike ‘‘com- final report shall contain— sory Board shall be filled in the same man- muter slots’’ and insert ‘‘slots’’. (1) a summary of the activities of the Com- ner in which the original designation was mission; made. INHOFE AMENDMENT NO. 3620 (d) MEETINGS.—Seven members of the Ad- (2) a final accounting of funds received and Mr. INHOFE proposed an amendment expended by the Commission; visory Board shall constitute a quorum for a (3) any findings and conclusions of the meeting. All meetings shall be open to the to the bill, S. 2279, supra; as follows: Commission; and public. At the appropriate place, insert the fol- (4) specific recommendations concerning (e) CHAIRPERSON.—The President shall des- lowing: the final disposition of any historically sig- ignate 1 member appointed under subsection SEC. ll. AMENDMENTS, MODIFICATIONS, SUS- nificant items acquired by the Commission, (b)(1)(F) as chairperson of the Advisory PENSIONS, AND REVOCATIONS OF including items donated to the Commission Board. CERTIFICATES. Section 44709 of title 49, United States under section 808(a)(1). (f) MAILS.—The Advisory Board may use the United States mails in the same manner Code, is amended— SEC. 811. AUDIT OF FINANCIAL TRANSACTIONS. (1) in subsection (e)— (A) IN GENERAL.— and under the same conditions as a Federal (A) by striking ‘‘When’’ and inserting ‘‘(1) (1) AUDIT.—The Comptroller General of the agency. Except as provided in paragraph (2), if’’; and United States shall audit on an annual basis (g) DUTIES.—The Advisory Board shall ad- (B) by striking ‘‘However, if’’ and all that the financial transactions of the Commis- vise the Commission on matters related to follows through the end of the subsection sion, including financial transactions involv- this title. and inserting the following: ing donated funds, in accordance with gen- (h) PROHIBITION OF COMPENSATION OTHER ‘‘(2) If the Administrator determines, in erally accepted auditing standards. THAN TRAVEL EXPENSES.—Members of the the order, that an emergency exists and safe- (2) ACCESS.—In conducting an audit under Advisory Board shall not receive pay, but ty in air commerce or air transportation re- this section, the Comptroller General— may receive travel expenses pursuant to the quires the order to be effective imme- (A) shall have access to all books, ac- policy adopted by the Commission under sec- diately— counts, financial records, reports, files, and tion 804(e). ‘‘(A) subject to subparagraph (B), the order other papers, items, or property in use by the (i) TERMINATION.—The Advisory Board shall be in effect unless the Administrator is Commission, as necessary to facilitate the shall terminate upon the termination of the not able to prove to the Board, upon an in- audit; and Commission. quiry of the Board, the existence of an emer- (B) shall be afforded full facilities for SEC. 813. DEFINITIONS. gency that requires the immediate applica- verifying the financial transactions of the In this title: tion of the order in the interest of safety in air commerce and air transportation; and Commission, including access to any finan- (1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the Centennial of Flight Fed- ‘‘(B) the Board shall— cial records or securities held for the Com- ‘‘(i) not later than 5 days after the filing of eral Advisory Board. mission by depositories, fiscal agents, or an appeal under paragraph (1), make a dis- (2) CENTENNIAL OF POWERED FLIGHT.—The custodians. position concerning the issues of the appeal (b) FINAL REPORT.—Not later than Sep- term ‘‘centennial of powered flight’’ means that are related to the existence of an emer- tember 30, 2004, the Comptroller General of the anniversary year, from December 2002 to gency referred to in subparagraph (A); and the United States shall submit to the Presi- December 2003, commemorating the 100-year ‘‘(ii) not later than 60 days after the filing dent and to Congress a report detailing the history of aviation beginning with the First of an appeal under paragraph (1), make a results of any audit of the financial trans- Flight and highlighting the achievements of final disposition of the appeal. actions of the Commission conducted by the the Wright brothers in developing the tech- ‘‘(3) If the Administrator determines, in Comptroller General. nologies which have led to the development the order, the existence of an emergency de- SEC. 812. ADVISORY BOARD. of aviation as it is known today. scribed in paragraph (2)(A), the appellant (3) COMMISSION.—The term ‘‘Commission’’ (a) ESTABLISHMENT.—There is established a may request a hearing by the Board on the First Flight Centennial Federal Advisory means the Centennial of Flight Commission. issues of the appeal that are related to the Board. (4) DESIGNEE.—The term ‘‘designee’’ means existence of the emergency. Such request a person from the respective entity of each (b) NUMBER AND APPOINTMENT.— shall be made not later than 48 hours after entity represented on the Commission or Ad- (1) IN GENERAL.—The Board shall be com- the issuance of the order. If an appellant re- posed of 19 members as follows: visory Board. quests a hearing under this paragraph, the (A) The Secretary of the Interior, or the (5) FIRST FLIGHT.—The term ‘‘First Flight’’ Board shall hold the hearing not later than designee of the Secretary. means the first four successful manned, free, 48 hours after receiving that request.’’; and (2) in subsection (f), by inserting ‘‘by fur- (B) The Librarian of Congress, or the des- controlled, and sustained flights by a power- ther order’’ after ‘‘the Administrator de- ignee of the Librarian. driven, heavier-than-air machine, which cides’’. (C) The Secretary of the Air Force, or the were accomplished by Orville and Wilbur designee of the Secretary. Wright of Dayton, Ohio on December 17, 1903, (D) The Secretary of the Navy, or the des- at Kitty Hawk, North Carolina. ROTH (AND MOYNIHAN) ignee of the Secretary. SEC. 814. TERMINATION. AMENDMENT NO. 3621 (E) The Secretary of Transportation, or The Commission shall terminate not later Mr. ROTH (for himself and Mr. MOY- than 60 days after the submission of the final the designee of the Secretary. NIHAN) proposed an amendment to the report required by section 810(b) and shall (F) Six citizens of the United States, ap- bill, S. 2279, supra; as follows: pointed by the President, who— transfer all documents and material to the (i) are not officers or employees of any National Archives or other appropriate Fed- At the end of the bill add the following: government (except membership on the eral entity. TITLE IV—EXTENSION OF AIRPORT AND Board shall not be construed to apply to the SEC. 815. AUTHORIZATION OF APPROPRIATIONS. AIRWAY TRUST FUND EXPENDITURE AU- limitation under this clause); and There are authorized to be appropriated to THORITY (ii) shall be selected based on their experi- carry out this title— SEC. 801. EXTENSION OF EXPENDITURE AUTHOR- ence in the fields of aerospace history, (1) $250,000 for fiscal year 1999; ITY. science, or education, or their ability to rep- (2) $600,000 for fiscal year 2000; (a) IN GENERAL.—Paragraph (1) of section resent the entities enumerated under section (3) $750,000 for fiscal year 2001; 9502(d) of the Internal Revenue Code of 1986 805(a)(2). (4) $900,000 for fiscal year 2002; (relating to expenditures from Airport and (G) Four citizens of the United States, ap- (5) $900,000 for fiscal year 2003; and Airway Trust Fund) is amended— pointed by the majority leader of the Senate (6) $600,000 for fiscal year 2004. (1) by striking ‘‘October 1, 1998’’ and insert- in consultation with the minority leader of Æ ing ‘‘October 1, 2000’’; and (2) by inserting before the semicolon at the the Senate. end of subparagraph (A) the following ‘‘or (H) Four citizens of the United States, ap- COATS AMENDMENT NO. 3619 the Wendell H. Ford National Air Transpor- pointed by the Speaker of the House of Rep- tation System Improvement Act of 1998’’. resentatives in consultation with the minor- (Ordered to lie on the table.) (b) LIMITATION ON EXPENDITURE AUTHOR- ity leader of the House of Representatives. Mr. COATS submitted an amendment ITY.—Section 9502 of such Code is amended Of the individuals appointed under this sub- intended to be proposed by him to the by adding at the end the following new sub- paragraph— section: (i) one shall be selected from among indi- bill, S. 2279, supra; as follows: ‘‘(f) LIMITATION ON TRANSFERS TO TRUST viduals recommended by the representative On page 164, line 7, strike ‘‘commuter’’. FUND.— whose district encompasses the Wright On page 164, line 7, insert ‘‘, including com- ‘‘(1) IN GENERAL.—Except as provided in Brothers National Memorial; and muter air carriers,’’ after ‘‘air carriers’’. paragraph (2), no amount may be appro- (ii) one shall be selected from among indi- On page 165, lines 4 and 5, strike ‘‘daily priated or credited to the Airport and Air- viduals recommended by the representatives commuter slots at such airport’’ and insert way Trust Fund on and after the date of any

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10853 expenditure from the Airport and Airway tiate service on the Cleveland-London (2) 60 days have passed since the report was Trust Fund which is not permitted by this (Gatwick) route; and submitted to the Congress. section. The determination of whether an ex- (4) Continental Airlines is prepared to ini- penditure is so permitted shall be made with- tiate competitive air service on the Cleve- AMENDMENT NO. 3625 out regard to— land-London (Gatwick) route when the Gov- On page 147, line 4, after ‘‘program.’’ insert ‘‘(A) any provision of law which is not con- ernment of the United Kingdom provides the following: ‘‘For purposes of this sub- tained or referenced in this title or in a rev- commercially viable access to the Gatwick section, the application of geographic diver- enue Act; and Airport. sity criteria means criteria that— ‘‘(B) whether such provision of law is a (c) SENSE OF THE SENATE.—It is the sense ‘‘(1) will promote the development of a na- subsequently enacted provision or directly or of the Senate that the Secretary should— tional air transportation system; and indirectly seeks to waive the application of (1) act vigorously to ensure the enforce- ‘‘(2) will involve the participation of com- this subsection. ment of the rights of the United States munities in all regions of the country.’’. ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.— under the Bermuda II Agreement; Paragraph (1) shall not apply to any expendi- (2) intensify efforts to obtain the necessary ture to liquidate any contract entered into assurances from the Government of the McCAIN (AND FORD) AMENDMENT (or for any amount otherwise obligated) be- United Kingdom to allow an air carrier of NO. 3626 fore October 1, 2000, in accordance with the the United States to operate commercially Mr. MCCAIN (for himself and Mr. provisions of this section.’’. viable, competitive service for the Cleveland- FORD) proposed an amendment to the London (Gatwick) route; and bill, S. 2279, supra; as follows: DeWINE AMENDMENT NO. 3622 (3) ensure that the rights of the Govern- ment of the United States and citizens and On page 48 of the managers’ amendment, (Ordered to lie on the table.) air carriers of the United States are enforced strike ‘‘additional’’ in line 12, line 16, and Mr. DEWINE submitted an amend- under the Bermuda II Agreement before line 23. ment intended to be proposed by him seeking to renegotiate a broader bilateral f to the bill, S. 2279, supra; as follows: agreement to establish additional rights for At the appropriate place in title V, insert air carriers of the United States and foreign NOTICES OF HEARINGS the following: air carriers of the United Kingdom, including COMMITTEE ON AGRICULTURE, NUTRITION, AND SEC. 5. . TO EXPRESS THE SENSE OF THE SEN- the right to commercially viable competitive FORESTRY ATE CONCERNING A BILATERAL slots at Gatwick Airport and Heathrow Air- Mr. LUGAR. Mr. President, I would AGREEMENT BETWEEN THE UNITED port in London, England, for air carriers of STATES AND THE UNITED KINGDOM. the United States. like to announce that the Senate Com- (a) DEFINITIONS.—In this section: mittee on Agriculture, Nutrition, and (1) AIR CARRIER.—The term ‘‘air carrier’’ SNOWE AMENDMENTS NOS. 3623– Forestry will meet on Wednesday, Sep- has the meaning given that term in section 3625 tember 23, 1998 at 2:00 p.m. in SR–328A. 40102 of title 49, United States Code. The purpose of this meeting will be to (2) AIRCRAFT.—The term ‘‘aircraft’’ has the Mr. MCCAIN (for Ms. SNOWE) pro- examine forestry issues. meaning given that term in section 40102 of posed three amendments to the bill, S. COMMITTEE ON ENERGY AND NATURAL title 49, United States Code. 2279, supra; as follows: (3) AIR TRANSPORTATION.—The term ‘‘air RESOURCES AMENDMENT NO. 3623 transportation’’ has the meaning given that Mr. MURKOWSKI. Mr. President, I term in section 40102 of title 49, United On page 121, line 1, strike ‘‘INTER- would like to announce for the infor- States Code. NATIONAL’’. mation of the Senate and the public (4) BERMUDA II AGREEMENT.—The term On page 121, line 3, before ‘‘The’’ insert ‘‘(a) ESTABLISHMENT OF HIGHER INTERNATIONAL that a full committee hearing has been ‘‘Bermuda II Agreement’’ means the Agree- scheduled before the Committee on En- ment Between the United States of America STANDARDS.—’’. and United Kingdom of Great Britain and On page 121, between lines 9 and 10, insert ergy and Natural Resources. Northern Ireland Concerning Air Services, the following: The hearing will take place on Thurs- (b) INCREASED CIVIL PENALTIES.—Section signed at Bermuda on July 23, 1977 (TIAS day, October 1, 1998 at 9:30 a.m. in room 46301(a) is amended by— SD–366 of the Dirksen Senate Office 8641). (1) inserting ‘‘41705,’’ after 1142704,’’ in (5) CLEVELAND-LONDON (GATWICK) ROUTE.— paragraph (1)(A); and Building in Washington, DC. The term ‘‘Cleveland-London (Gatwick) (2) adding at the end thereof the following: The purpose of this hearing is to con- route’’ means the route between Cleveland, ‘‘(7) Unless an air carrier that violates sec- sider the nominations of Eljay B. Ohio, and the Gatwick Airport in London, tion 41705 with respect to an individual pro- Bowron to be Inspector General of the England. vides that individual a credit or voucher for Department of the Interior; Rose (6) FOREIGN AIR CARRIER.—The term ‘‘for- the purchase of a ticket on that air carrier eign air carrier’’ has the meaning given that Eilene Gottemoeller to be an Assistant or any affiliated air carrier in an amount Secretary of Energy for Non-Prolifera- term in section 40102 of title 49, United (determined by the Secretary) of— States Code. ‘‘(A) not less than $500 and not more than tion and National Security; and David (7) SECRETARY.—The term ‘‘Secretary’’ $2,500 for the first violation; or Michaels to be an Assistant Secretary means the Secretary of Transportation. ‘‘(B) not less than $2,500 and not more than of Energy for Environment, Safety and (8) SLOT.—The term ‘‘slot’’ means a res- $5,000 for any subsequent violation, that air Health. ervation for an instrument flight rule take- carrier is liable to the United States Govern- off or landing by an air carrier of an aircraft For further information, please con- ment for a civil penalty, determined by the tact Gary Ellsworth of the Committee in air transportation. Secretary, of not more than 100 percent of (b) FINDINGS.—Congress finds that— staff at (202) 224–7141. (1) under the Bermuda II Agreement, the the amount of the credit or voucher so deter- f United States has a right to designate an air mined. For purposes of this paragraph, each carrier of the United States to serve the act of discrimination prohibited by section AUTHORITY FOR COMMITTEES TO 41705 constitutes a separate violation of that Cleveland-London (Gatwick) route; MEET (2)(A) on December 3, 1996, the Secretary section.’’. awarded the Cleveland-London (Gatwick) On page 89, strike the item relating to sec- COMMITTEE ON AGRICULTURE, NUTRITION, AND route to Continental Airlines; tion 507 and insert the following: FORESTRY (B) on June 15, 1998, Continental Airlines Sec. 507. Higher standards for handicapped Mr. GRASSLEY. Mr. President, I ask announced plans to launch nonstop service access. unanimous consent that the Com- on that route on February 19, 1999, and to mittee on Agriculture, Nutrition, and AMENDMENT NO. 3624 provide single-carrier one-stop service be- Forestry be allowed to meet during the tween London, England (from Gatwick Air- At the appropriate place, insert the fol- port) and dozens of cities in Ohio and the lowing new section: session of the Senate on Wednesday, surrounding region; and SEC. . AUTOMATED SURFACE OBSERVATION September 23, 1998. The purpose of this (C) on August 4, 1998, the Secretary re- SYSTEM STATIONS. meeting will be to examine forestry newed the authority of Continental Airlines The Administrator of the Federal Aviation issues. to carry out the nonstop service referred to Administration shall not terminate human The PRESIDING OFFICER. Without in subparagraph (B) and selected Cleveland, weather observers for Automated Surface objection, it is so ordered. Ohio, as a new gateway under the Bermuda II Observation System stations until— COMMITTEE ON ARMED SERVICES Agreement; (1) the Secretary of Transportation deter- (3) unless the Government of the United mines that the System provides consistent Mr. GRASSLEY. Mr. President, I ask Kingdom provides Continental Airlines com- reporting of changing meteorological condi- unanimous consent that the Com- mercially viable access to Gatwick Airport, tions and notifies the Congress in writing of mittee on Armed Services be author- Continental Airlines will not be able to ini- that determination; and ized to

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10854 CONGRESSIONAL RECORD — SENATE September 23, 1998 meet on Wednesday, September 23, Senate on Wednesday, September 23, ADDITIONAL STATEMENTS 1998, at 10:00 a.m. in closed session, to 1998 at 9:00 am to conduct a hearing on receive testimony on North Korea’s Title V and Title VI of H.R. 1833, to Ballistic Missile and Weapons of Mass amend the Indian Self-Determination Destruction programs. and Education Assistance Act to pro- PROSTATE CANCER RESEARCH The PRESIDING OFFICER. Without vide for further Self-Governance by In- FUNDING objection, it is so ordered. dian tribes. The hearing will be held in ∑ Mr. REID. Mr. President, I rise today COMMITTEE ON BANKING, HOUSING, AND URBAN room 562 of the Dirksen Senate Office to call the attention of my colleagues AFFAIRS Building. to a subject that many of us, especially Mr. GRASSLEY. Mr. President, I ask COMMITTEE ON LABOR AND HUMAN RESOURCES men, do not like to discuss publicly— unanimous consent that the Com- Mr. GRASSLEY. Mr. President, I ask prostate cancer. However, as one of the mittee on Banking, Housing, and unanimous consent that the Com- most frequently diagnosed cancers in Urban Affairs be authorized to meet mittee on Labor and Human Resources the country, prostate cancer is a sub- during the session of the Senate on be authorized to meet in executive ses- ject that we cannot afford to ignore. Wednesday, September 23, 1998, to con- sion during the session of the Senate duct a hearing of the following nomi- In my home state of Nevada, it is es- on Wednesday, September 23, 1998, at timated that 1,100 men will be diag- nees: John D. Hawke, Jr., of Wash- 9:30 a.m. ington, DC, to be the Comptroller of nosed with prostate cancer this year The PRESIDING OFFICER. Without alone. Nationwide, 200,000 men will be the Currency; William C. Apgar, Jr., of objection, it is so ordered. Massachusetts, to be the Assistant Sec- diagnosed with prostate cancer in 1998. SELECT COMMITTEE ON INTELLIGENCE retary of Housing and Urban Develop- This deadly disease will take the lives Mr. GRASSLEY. Mr. President, I ask ment for Housing, and Federal Housing of 40,000 American men this year alone. unanimous consent that the Select Administrator; Saul N. Ramirez, Jr., of Prostate cancer kills as many Ameri- Committee on Intelligence be author- Texas, to be the Deputy Secretary of cans yearly as AIDS or breast cancer. ized to meet during the session of the Housing and Urban Development; The increase in regular screenings for Senate on Wednesday, September 23, Cardell Cooper, of New Jersey, to be prostate cancer over the past few years 1998 at 2:30 p.m. to hold a closed hear- the Assistant Secretary of Housing and is encouraging. Last year, I had the op- ing on intelligence matters. portunity to participate in the Senate Urban Development for Community The PRESIDING OFFICER. Without Special Committee on Aging’s hearing Planning & Development; and Harold objection, it is so ordered. Lucas, of New Jersey, to be the Assist- on prostate cancer. Nevada’s Governor SUBCOMMITTEE ON COMMUNICATIONS ant Secretary of Housing and Urban Bob Miller, along with former Senate Development for Public & Indian Hous- Mr. GRASSLEY. Mr. President, I ask Majority Leader Bob Dole, NFL Hall of ing. unanimous consent that the Commu- Famer Len Dawson and General Man- The PRESIDING OFFICER. Without nications Subcommittee of the Senate ager of the New York Yankees, Bob objection, it is so ordered. Committee on Commerce, Science, and Watson all testified about their per- COMMITTEE ON ENERGY AND NATURAL Transportation be authorized to meet sonal experiences with prostate cancer. RESOURCES on Wednesday, September 23, 1998, at These men shared a common message Mr. GRASSLEY. Mr. President, I ask 9:30 a.m. on internet privacy. that was clear and urgent: get tested unanimous consent that the Com- The PRESIDING OFFICER. Without for prostate cancer as early as possible, mittee on Energy and Natural Re- objection, it is so ordered. because early detection increases sur- sources be granted permission to meet SUBCOMMITTEE ON CONSTITUTION, FEDERALISM, vival rates tremendously. AND PROPERTY RIGHTS during the session of the Senate on While the importance of early detec- Wednesday, September 23, for purposes Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Sub- tion through regular screenings cannot of conducting a Full Committee busi- be overstated, we can and we must do ness meeting which is scheduled to committee on Constitution, Fed- eralism, and Property Rights, of the more. In each of the last two fiscal begin at 9:30 a.m. The purpose of this years, Congress has appropriated $40 business meeting is to consider pending Senate Judiciary Committee, be au- thorized to meet during the session of million for new, cutting-edge peer-re- calendar business. viewed research at the Department of COMMITTEE ON ENVIRONMENT AND PUBLIC the Senate on Wednesday, September 23, 1998 to hold a hearing, at 2:00 p.m. in Defense. In instituting the program, WORKS the DOD found it necessary to combine Mr. GRASSLEY. Mr. President, I ask room SD–222 of the Senate Dirksen Of- the funds from both years to meet the unanimous consent that the full Com- fice Building on: ‘‘Whose Right to Keep needs of the grant proposals received in mittee on Environment and Public and Bear Arms? The Second Amend- the first cycle. Consequently, the Works be granted permission to meet ment as a Source of Individual President announced the first cycle of to consider pending business Wednes- Rights.’’ prostate cancer research grants—re- day, September 23, 1998, 9:30 a.m., Hear- The PRESIDING OFFICER. Without leasing $60 million in June and July for ing Room (SD–406). objection, it is so ordered. peer-reviewed research. The PRESIDING OFFICER. Without SUBCOMMITTEE ON SCIENCE objection, it is so ordered. Mr. GRASSLEY. Mr. President, I ask In this year’s Defense Appropriations COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Science, Bill, we have provided $40 million for Mr. GRASSLEY. Mr. President, I ask subcommittee of the Senate Com- prostate cancer research. The House unanimous consent that the Com- mittee on Commerce, Science, and bill has only allocated $10 million for mittee on Foreign Relations be author- Transportation be authorized to meet this purpose. These numbers fall short ized to meet during the session of the on Wednesday, September 23, 1998, at of what is needed to fund crucial re- Senate on Wednesday, September 23, 2:00 p.m. on us Commercial Space search initiatives. I hope that when the 1998 at 1:30 am to hold a hearing. Launch Industry. Defense Appropriations Bill is in Con- COMMITTEE ON GOVERNMENTAL AFFAIRS The PRESIDING OFFICER. Without ference this week, funding levels for Mr. GRASSLEY. Mr. President, I ask objection, it is so ordered. prostate cancer research will be in- unanimous consent on behalf of the SUBCOMMITTEE ON TRANSPORTATION AND creased. Without adequate resources, Government Affairs Committee to INFRASTRUCTURE promising research into causes and meet on Wednesday, September 23, Mr. GRASSLEY. Mr. President, I ask treatments for prostate cancer will go 1998, at 10:00 a.m. for a hearing on com- unanimous consent that the Sub- unfunded. For lack of research, mil- puter security studies performed at the committee on Transportation and In- lions of men and their families will Department of Veterans Affairs and frastructure be granted permission to face critical unanswered questions the Social Security Administration. conduct a hearing on the Patent and about screening, diagnosis, treatment, COMMITTEE ON INDIAN AFFAIRS Trademark Office consolidation, prevention and cures for prostate can- Mr. GRASSLEY. Mr. President, I ask Wednesday, September 23, 4:00 p.m., cer. unanimous consent that the Senate Hearing Room (SD–406). Yesterday, 110 American men died of Committee on Indian Affairs be author- The PRESIDING OFFICER. Without prostate cancer. That same number ized to meet during the session of the objection, it is so ordered. will die today, tomorrow, and every

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10855 day until research identifies a cure. I AMERICAN ASSOCIATION ON MEN- The mail we receive from our con- hope that my colleagues will make TAL RETARDATION ILLINOIS stituents and, in return, answer is the more funds available for the prostate CHAPTER’S 1998 DIRECT SERVICE lifeblood of our representative govern- cancer research program at the Depart- PROFESSIONAL AWARD WINNERS ment. It was in this context and with ment of Defense so that we may offer ∑ Ms. MOSELEY-BRAUN. Mr. Presi- this attitude that Connie worked as hope to the millions affected by this dent, it is my distinct pleasure to join Editor on my staff. She, in many ways, ∑ deadly disease. the Illinois chapter of the American had the hardest job in the office—with Association on Mental Retardation in red pen, she pointed out everyone’s f honoring the recipients of the 1998 Di- mistakes! But she always worked very rect Service Professional Award. These diligently, professionally and respon- JIM SOLOMON AND HIS RETIRE- honorees are being recognized for their sibly. She worked long hours and often MENT AS THE ALABAMA ATTOR- outstanding commitment and contribu- took work home with her; she made us NEY GENERAL’S OPINIONS DIVI- tions to the lives of people in Illinois all better writers. She labored in this SION CHIEF with developmental disabilities. manner to make sure that my mail was These award winners have distin- without fault. ∑ Mr. SESSIONS. Mr. President, I guished themselves through their com- Connie was always ready with advice would like to take a few moments to passion, dedication, patience and pro- and assistance when someone on staff speak to you about Jim Solomon, who fessionalism. Their work not only en- needed help right away with a letter, is retiring from his position as head of riches the lives of those who they care speech or a press release. Though the the Alabama Attorney General’s Opin- for, but also enriches all of our lives work load sometimes could have over- ions Division after 35 years of service and sets an example of service for all whelmed her, she always rose to the to the state of Alabama. Americans to follow. challenge and kept her promises to get This division fields legal advice re- It is important to note that the indi- her editing done on time. quests from all over the state of Ala- viduals being honored are professionals She was very knowledgeable and up- bama, with the majority of the re- who spend at least 50 percent of their to-date on legislation—she watched the quests coming from local government time directly working with and assist- floor, read Congress Daily—she didn’t officials having various questions con- ing their clients in the clients’ life- just correct grammar, but content as cerning ambiguities in state laws. space. These people are not supervisors well. She knew the issues and could While opinions are not legally binding, or managers. Instead, they are direct spot a mistake a mile away. We real- they are used as guidelines by the var- service providers on the front-lines of ized how much the entire process de- ious entities in developing public pol- our nation’s mental health care sys- pended on her whenever she took vaca- icy. Therefore, correct interpretation tem, delivering much needed and much tion. Mail came first to Connie! I will of Alabama laws are essential to the appreciated care and assistance. always be thankful for her remarkable smaller communities and agencies that It is indeed my privilege to recognize commitment to a demanding and do not have a legal staff. Mr. Solo- and celebrate the achievements of the stressful job and her respect for the mon’s contributions to this effort have following Illinois direct service profes- English language. Connie dedicated her life to being the been extraordinary and should be sionals: Henry Barrington, Raymond best editor one can be. Before she came noted. Betke, Shelly Cross, Caroline Frost, to my office, she worked as an editor I had the honor of working with Mr. Patty Hart, Zarina Hasham, Debbie for Senator HARRY REID, for the Na- Solomon during my term as the Attor- Huff, Carolyn Johnson, Molly Kuster, tional Archives, for Bechtel, and as a ney General of Alabama. He was an Preston McBride, Pearlene McDougal, picture researcher for LIFE magazine. outstanding employee who believed in Patricia Mercer, Lisa Pyle, Della I would like to extend my deepest service above self. He never strayed Reese, Michael Smith, Marie Thomp- sympathies to Connie’s daughter, from this work ethic during his 19 son, Marcia Weidman, Jodie White, brother and other family members. On years in that office. He served as a role Katie Whiteford and Sabrina Willis. It behalf of my entire office, I wish to let model to others and was someone who is my honor to serve these dedicated them know that our prayers and could always be counted on regardless professionals in the United States Sen- thoughts are with them. of the job or the circumstances. His ad- ate. Connie was an indispensable member ministrative and supervisory abilities I am confident that my colleagues of our team; her energy, vitality, and were superior and he was greatly loved here in the Senate will take this oppor- dedication will be missed for a long by those with whom he worked. One of tunity to join me in saluting the win- time. We simply couldn’t have accom- his most impressive achievements was ners of the 1998 Direct Service Profes- plished what we did on a weekly basis the indexing of all Opinions from 1979 sional Award. These awardees rep- for the past few years without her. Per- forward, making it possible for the resent the best spirit of community public to have access to them on the ∑ sonally and professionally, we have service. ∑ Internet. lost a good friend and coworker. f During Mr. Solomon’s employment in f the Opinions Division, he was respon- TRIBUTE TO CONNIE DRAKELEY NATIONAL MISSILE DEFENSE sible for writing approximately 8,000 ∑ Mr. GREGG. Mr. President, I come to Mr. DODD. Mr. President, in light of Opinions for state and local officials. the floor today with the sad task of in- the recent vote on national missile de- One of the most memorable opinions forming the Senate of the passing of fense, I feel compelled to explain my caused the previously closed state leg- one of my staff, Connie Drakeley. position on this important issue. In islative committee meetings to open to Connie died in her sleep last week and short, I agree with this Nation’s senior the public. coming to terms with her sudden pass- military officers, the Joint Chiefs of Jim Solomon is more than a great ing has been difficult. Staff. Each of them opposes the Na- public servant. He possesses in rich Connie was a very important member tional Missile Defense bill, and they measure the qualities that made for a of my staff and will be greatly missed. provided a detailed explanation of their great citizen, a strong churchman, a She will be missed not only for the position in a letter they sent to Capitol faithful family man and a good friend large contributions she made to the of- Hill prior to the vote. to many. He sets high standards and a fice, but also because she was our The National Missile Defense bill good example for all of us. friend. would require that a national missile Mr. President, I appreciate being able Connie joined my staff in March, 1995 defense system be deployed as soon as to make these brief comments to my in the position of Editor. She came it is ‘‘technologically feasible.’’ Con- fellow colleagues because it is impor- aboard during a time when the mail versely, the current plan calls for the tant that Jim Solomon be recognized was building up and a significant back- Defense Department, by the year 2000, for his years of outstanding service to log was forming—in short order, to research and develop such a system Alabama.∑ Connie alleviated the problem. and then be able to deploy it within

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10856 CONGRESSIONAL RECORD — SENATE September 23, 1998 three years. This policy allows us to defense and non-defense priorities, with so much confidence—and hope—for the develop our capabilities in view of de- however, now is not the time to rush future. The accomplishment of Trans- veloping threats rather than run the forward with a decision to deploy an formation is a great, triumphant victory in risk of deploying a system that proves our common endeavor to expand what is pos- undeveloped national missile defense sible in health care. to be ineffective. In the absence of a system. And I’m also pleased to announce today current long range ballistic missile f that, following this speech, I am leaving on threat from a rogue state, this is the a nation-wide tour of blood drives and celeb- most reasonable policy. RECOGNIZING THE 50TH ANNIVER- rity events to focus attention on the safety Research and development of a Na- SARY OF THE AMERICAN RED revolution in America’s blood supply. Many tional Missile Defense system is ad- CROSS BLOOD SERVICES of our citizens are still frightened of trans- vancing at an accelerated pace. Most ∑ Mr. FRIST. Mr. President, yesterday fusions, and they should not be! Many mil- lions still mistrust those red bags of life, and weapons systems require six to twelve I submitted a concurrent resolution they must not! We have achieved a new years before they are fully developed recognizing the 50th anniversary of the American miracle in blood, and I will take and ready to be deployed, but under the American Red Cross Blood Services. I that message across America. We will cele- current timetable, the National Missile ask that the text of remarks made at brate and we will educate but first, let me Defense system will spend as little as the 50th Anniversary Bicentennial ruminate. three years in the development phase. Celebration by Mrs. Elizabeth Dole, When I came to the Red Cross in February This represents the Defense Depart- President of the Red Cross, be printed 1991, the legal and financial vulnerabilities of our blood operations threatened the very ment’s strong commitment to pro- in the RECORD. viability of the Red Cross. The country was tecting the United States from an The remarks follow: pretty worried about the safety of America’s intercontinental missile attack. That Thank you, Paul, for that kind introduc- blood supply back then. And as the person commitment is backed by billions of tion and ladies and gentlemen, thank you so newly responsible for half of it, so was I. dollars in funding. The nation will much. And special thanks to Donna Shalala, Some of our Board members wanted us to get spend nearly a billion dollars on na- Secretary of Health and Human Services, out of blood banking altogether, believing and David Kessler, Dean of the Yale Medical tional missile defense during the next our duty to safeguard the rest of our historic School and former Commissioner of the Food organization demanded that we abandon this fiscal year alone. and Drug Administration. We are delighted mission field. Between Congressional hear- The National Missile Defense bill you could be with us today as we mark the ings, media expose´s and enormous regulatory would not have advanced the timetable 50th anniversary of the most important of pressure, there were days when I wanted to for developing and deploying a missile our national reserves: America’s reserve of get out, too. defense system. What it would have life, the American blood supply. Thank you, Still, the question haunted us: if we left done is lock this nation in to buying a Donna and David, for your continued leader- blood banking, who would fill our shoes? The yet-to-be-developed system against an ship, and for your steadfast dedication to the Red Cross is not a public agency, but what unknown threat for an unidentified safety and quality of American health. we do—especially in blood—is a public trust. Aren’t we thrilled to have Garth Brooks We weren’t going to let America down. Not sum of money. A decision to buy a sys- here. Garth, you have a magical hold on the on our watch. tem at such an early stage would not spirit of our people. What a joy it is that you The blood supply was as safe as the current only have been unprecedented, but it would share that bond with us. We are enor- blood systems and contemporary scientists could have sapped funding from pro- mously grateful. knew how to make it. But in the age of AIDS grams that are directed at addressing What a day! We are also so very pleased to and other blood borne infectious diseases, existing threats. For example, the be joined by the Oak Ridge Boys! Boys, your wasn’t there more we could do? We had to ‘‘think outside the box’’ with respect to ex- Joint Chiefs of Staff pointed out that a music puts the party in the birthday, and we thank you. isting science, blood supply management, weapon of mass destruction may pres- Also, many thanks to the other wonderful and safety approaches. ently be delivered through unconven- celebrities with us today—Lynda Carter, We dreamed, in 1991, of where we wanted to tional, terrorist-style means, yet a na- Kennedy, and William Moses. We sincerely go. But we did more than that. We mustered tional missile defense system would appreciate your generosity in joining us to our courage and embraced Transformation as not address that threat. celebrate our 50th birthday of Biomedical our ticket to ride. It was the most ambitious This bill would have had a detri- Services. And, welcome to Councilwoman project the Red Cross had ever undertaken; the total redesign of how we collect, process, mental impact on arms control agree- Charlene Drew Jarvis, the daughter of Dr. Charles Drew, renowned plasma pioneer for test, and deliver nearly half of America’s ments. Had the United States gone for- blood supply. I dare say it is the most pro- ward to deploy a National Missile De- the American Red Cross and leading author- ity on transfusion. The Charles Drew Insti- found change any non-profit organization fense system as the bill required, this tute honors his memory. Thank you, has made in recent memory! At the time, it felt the way I imagine a nation would have violated the Anti- Charlene, for your support over the years. Shuttle astronaut must feel on her first Ballistic Missile (ABM) Treaty. Addi- As we observe this 50th anniversary, of space walk letting go of the ship, taking her tionally, it might have caused Russia American Red Cross Blood services, it’s a first step into the unknown. It felt as if our time to take satisfaction in our past and to withdraw from the START I Treaty whole organization had let go . . . let go of pride in where we’ve been. The Red Cross and certainly would have prevented the the security of status-quo standards, let go ratification of the START II Treaty. started collecting blood during World War II of the financial certainty underpinning our The intercontinental ballistic missile in order to save soldier’s lives, and our ef- entire operation, let go of what we knew, in forts were credited with reducing the death threat to this nation will be intensified search of what we hoped to find—but know- rate among these soldiers to half that of ing that each step was backed up by a truly if Russia retains hundreds of additional their World War I counterparts. When peace nuclear weapons as a result broken exceptional scientific team entirely com- came, we created America’s first nationwide, mitted to forging new frontiers. I feel so for- agreements. The current policy, con- volunteer blood collection and distribution tunate that Jim Ross with Brian McDonough tinued research and development of a system, assuring all our citizens access to and each member of his outstanding team system, would not violate arms control one of the great medical advances of this answered my call to complete this challenge. agreements or cause Russia to with- century. In 1993, the Food and Drug Administration draw from treaties that place impor- But health events in the last two decades imposed a consent decree on our blood serv- rocked us to our very foundations. The age ices operations. But as David will tell you, tant limitations on both nations’ mis- of blood-borne diseases such as AIDS and siles. we were already more than two years into new forms of hepatitis swooped down on us Transformation. The consent decree was ba- In conclusion, although I oppose this with a vengeance. We knew we could no sically a codification or ratification of our National Missile Defense bill, I feel longer operate at the Red Cross as we had far-reaching plan, with timelines and mile- strongly that there is an important done for so many years. Which is why this stones for measuring our progress. And place for missile defense in our na- year, our 50th anniversary, is a year to look today, as we conclude Transformation, we tional security strategy. There have forward, rather than back. Today I take also are wrapping up our last requirements been some important advancements in great joy in announcing an historic achieve- under the decree. the development of both theater and ment: With the completion of Transformation As the year closes, the American Red Cross this year, we will have forced ourselves from national missile defense systems that will celebrate the completion of our nearly the mind set of always doing things the way will surely benefit this nation in the seven-year, $287 million dollar trans- we had done them before. We already have future. Our efforts along these lines formation of our blood operations. This long- left behind our days in the comfort of indus- must continue. Considering all of our awaited milestone is the reason I stand here try average to become the undisputed leader

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10857 in blood banking. Once we were weighed uating and monitoring possible threats to mates of budget authority, outlays, down with 53 non-standardized blood centers the blood supply and working on many other and revenues, which are consistent running 28 computer systems in a patchwork new, cutting-edge technologies—some of with the technical and economic as- quilt of regions, each with its own operating which we will share with you today. procedures and business practices. Today we But all this technology wouldn’t be worth sumptions of the 1998 Concurrent Reso- have one set of operational procedures, one a thing without the Red Cross who make it lution on the Budget (H. Con. Res. 84), set of business practices, and one state of the work for America. They are the reason and show that current level spending is art computer system—which gives us the the inspiration for our service. We have 1.3 below the budget resolution by $17.1 best national donor deferral system and the million volunteers, 32,000 paid staff, and 4.3 billion in budget authority and above largest blood information data base in the million blood donors—that’s 20,000 donors world for transfusion medicine research. every day—I’d like to stop just a minute give the budget resolution by $1.9 billion in We determined that today’s demands were those heroes a loud round of applause. outlays. Current level is $1.0 billion best met in high-volume, state-of-the-art, Yes, after 50 years in Blood Services—and below the revenue floor in 1998 and $2.9 centralized labs, so we replaced our 53 test- spending the last seven years transforming billion above the revenue floor over the ing facilities with 8 state-of-the-art, high- them, the American Red Cross has much to five years 1998–2002. The current esti- tech laboratories that today are the leading celebrate. In addition to enhancing blood centers of their kind in the world. This en- safety, our investment has given us the mate of the deficit for purposes of cal- ables us to quickly incorporate medical tech- knowledge and confidence to shape our own culating the maximum deficit amount nology as it evolves. future. is $176.4 billion, $2.9 billion above the Perhaps most importantly, today we no Before Transformation, the Red Cross and maximum deficit amount for 1998 of longer fear finding our own faults. We ac- other blood banks around the country waited $173.5 billion. tively seek them out, report them and then for signals from the FDA that change was re- fix them, ourselves. We hired a leader in quired. Today, the Red Cross is a leader of Since my last report, dated Sep- quality assurance who created an inde- change. While Transformation the program tember 8, 1998, there has been no action pendent program, providing more than 200 is nearly complete, Transformation the proc- that has changed the current level of experts to audit and consult with all of our ess will be never ending. fixed sites. We actively monitor for more There is a story I love about Supreme budget authority, outlays, and reve- than 150 possible deviations in manufac- Court Justice Oliver Wendell Holmes. When nues. turing. And our folks, can and on occasion Justice Holmes was in his 90s, he took a trip The report follows: have shut down a process immediately, when on the Pennsylvania Railroad. As he saw the U.S. CONGRESS, they have found a serious deviation from conductor coming down the aisle, he began standard operating procedure. CONGRESSIONAL BUDGET OFFICE, patting his pockets, looking for his ticket. Washington, DC, September 22, 1998. In short, we have a new, centralized man- The conductor, recognizing the famous ju- Hon. PETE V. DOMENICI, agement structure, a new information sys- rist, said ‘‘Don’t worry, Mr. Justice. I’m sure tem, and the best quality assurance program Chairman, Committee on the Budget, you’ll find your ticket when you leave the U.S. Senate, Washington, DC. in existence. We have consolidated and mod- train, and certainly the Pennsylvania Rail- ernized testing and have strictly standard- road will trust you to mail it back later.’’ DEAR MR. CHAIRMAN: The enclosed report ized procedures and training across our sys- Justice Holmes looked up at the conductor for fiscal year 1998 shows the effects of Con- tem. As a matter of fact, we now run the with some irritation and said, ‘‘My dear gressional action on the 1998 budget and is highly acclaimed Charles Drew Biomedical man, the problem is not, where is my ticket. current through September 21, 1998. The esti- Institute—and provide leadership to the en- The problem is, where am I going?’’ mates of budget authority, outlays, and rev- tire blood banking community. Ladies and gentlemen, the American Red enues are consistent with the technical and We have moved to a position of leadership Cross knows where it’s going! As we have led economic assumptions of the 1998 Concurrent in an industry which has achieved phe- the nation in blood transformation, so we nomenal success in the face of frightening Resolution on the Budget (H. Con. Res. 84). will set a new credo of business for busi- This report is submitted under Section 308(b) odds: In 1991, an American’s risk of HIV nesses of the heart. But more than that, we and in aid of Section 311 of the Congressional transmission from a blood transfusion was are dedicated to saving and improving every Budget Act, as amended. one in 220,000. Today, is it nearly one in life we can. We at the Red Cross want to be 700,000—more than a three-fold reduction in the model for non-profits in the next cen- Since my last report, dated September 3, risk. I’d say that is worth cheering about, tury. The status quo is no longer our milieu. 1998, there has been no action that has wouldn’t you? Well into the new millennium, the Red Cross changed the current level of budget author- Today, I can say what I could not seven will seek out the cutting edge; we will be the years ago: the Red Cross is in the blood busi- ity, outlays, and revenues. people who question the range of possibili- ness to stay. We are sure of our mission and Sincerely, ties—in blood banking as well as in every we know how to fulfill it. No longer an orga- JUNE E. O’NEILL, other aspect of our mission. nization constrained by yesterday’s tech- Director. But we know we cannot accomplish all of nology, we operate today with the gleaming Enclosures. our dreams by ourselves. We need the time precision and efficiency of what is still, for and money, the brainpower and the lifeblood most in the world, only tomorrow’s possibili- of Americans like you. Together, we will THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- ties. We offer Cadillac quality coupled with continue to imagine the unimaginable and CAL YEAR 1998, 105TH CONGRESS, 2D SESSION, AS Volvo security. Don’t get me wrong: every attain the unattainable. Together, we will be OF CLOSE OF BUSINESS SEPTEMBER 21, 1998 car on the lot meets the government stand- privileged to touch, and in so doing trans- [In billions of dollars] ard for safety. But like Cadillac and Volvo, form, the millions of individual lives we are we have set standards of our own. Budget res- Current Unlike car companies, however, we don’t dedicated to serve. On behalf of our entire Red Cross family, olution H. Current level over/ do what we do for a profit. The pins on our Con. Res. level under reso- lapels and the patches on our sleeves remind thank you for all you’ve done, and for all 84 lution us daily that we are in this business to fulfill you continue to do. And on this special day, thanks for coming to our party.∑ ON-BUDGET a national trust, to live up to our moral Budget Authority ...... 1,403.4 1,386.3 ¥17.1 commitment to do the best we can to ensure f Outlays ...... 1,372.5 1,374.4 1.9 the well-being of the American people. We Revenues: are also reaching out to the rest of the BUDGET SCOREKEEPING REPORT 1998 ...... 1,199.0 1,198.0 ¥1.0 world, sharing the lessons we have learned ∑ 1998–2002 ...... 6,477.7 6,480.6 2.9 Mr. DOMENICI. Mr. President, I Deficit ...... 173.5 176.4 2.9 from Transformation to help improve the hereby submit to the Senate the budg- Debt Subject to Limit ...... 5,593.5 5,428.4 ¥165.1 safety and reliability of the world’s blood et scorekeeping report prepared by the supply. OFF-BUDGET Of course, modernization and improvement Congressional Budget Office under Sec- Social Security Outlays: is a process that must never end. As David tion 308(b) and in aid of Section 311 of 1998 ...... 317.6 317.6 0.0 1998–2002 ...... 1,722.4 1,722.4 0.0 Kearns, the former chairman of Xerox, once the Congressional Budget Act of 1974, Social Security Revenues: said, ‘‘In the race for quality, there is no fin- as amended. This report meets the re- 1998 ...... 402.8 402.7 ¥0.1 ish line.’’ This could never be more true than quirements for Senate scorekeeping of 1998–2002 ...... 2,212.1 2,212.3 0.2 in the blood banking business. We’re deter- Section 5 of S. Con. Res. 32, the First Note:—Current level numbers are the estimated revenue and direct mined to remain not only the industry lead- Concurrent Resolution on the Budget spending effects of all legislation that Congress has enacted or sent to the er in quality and safety, but to place our- President for his approval. In addition, full-year funding estimates under for 1986. current law are included for entitlement and mandatory programs requiring selves in the forefront of new product devel- annual appropriations even if the appropriations have not been made. The opment. This report shows the effects of con- current level of debt subject to limit reflects the latest U.S. Treasury infor- At our world-class Hollard Laboratory, gressional action on the budget mation on public debt transactions. Red Cross physicians and scientists are eval- through September 21, 1998. The esti- Source: Congressional Budget Office.

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Budget authority Outlays Revenues

ENACTED IN PREVIOUS SESSIONS Revenues ...... 1,197,381 Permanents and other spending legislation ...... 912,040 868,025 ...... Appropriation legislation ...... 752,279 781,902 ...... Offsetting receipts ...... ¥283,340 ¥283,340 ...... Total previously enacted ...... 1,380,979 1,366,587 1,197,381

ENACTED SECOND SESSION 1998 Emergency Supplemental Appropriations and Rescissions (P.L. 105–174) ...... ¥2,039 310 ...... Transportation Equity Act for the 21st Century (P.L. 105–178) 1 ...... ¥923 ¥440 ...... Care for Police Survivors Act of 1998 (P.L. 105–180) ...... 1 1 ...... Agriculture Export Relief Act of 1998 (P.L. 105–194) ...... 7 7 ...... Internal Revenue Service Restructuring and Reform Act of 1998 (P.L. 105–206) 2 ...... ¥15 440 608 Homeowners’ Protection Act (P.L. 105–216) ...... 2 2 ...... Credit Union Membership Access Act (P.L. 105–219) ...... (3) Act to establish the United States Capitol Police Memorial Fund (P.L. 105–223) ...... (3) Total, enacted second session ...... ¥2,967 320 608

ENTITLEMENTS AND MANDATORIES Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 8,280 7,461 ......

TOTALS Total Current Level ...... 1,386,292 1,374,368 1,197,989 Total Budget Resolution ...... 1,403,402 1,372,512 1,199,000 Amount remaining: Under Budget Resolution ...... 17,110 ...... 1,011 Over Budget Resolution ...... 1,856 ......

ADDENDUM Emergencies ...... 5,691 3,357 ¥8 Contingent Emergencies ...... 329 53 ...... Total ...... 6,020 3,410 ¥8 Total Current Level Including Emergencies ...... 1,392,312 1,377,778 1,197,981 1 Section 8102 of this Act directed that direct spending and revenues associated with Title VIII be excluded from the PAYGO scorecard. At the request of committee staff, this scoring has also been excluded from current level. The esti- mates in 1998 are $365 million in budget authority and $165 million in outlays for student loans. 2 Title IX of this Act includes a technical correction to P.L. 105–178 that extends the PAYGO exclusion of section 8102 of that Act to also cover section 1102. At the request of committee staff, the scoring shown reflects removing from current level the effects of this section on spending for Federal-aid to highways. 3 The revenue effect of this act begins in fiscal year 1999. Notes.—Amounts shown under ‘‘emergencies’’ represent funding for programs that have been deemed emergency requirements by the President and the Congress. Amounts shown under ‘‘contingent emergencies’’ represent funding des- ignated as an emergency only by the Congress that is not available for obligation until it is requested by the President and the full amount requested is designated as an emergency requirement. Source: Congressional Budget Office.•

AUTHORIZING TESTIMONY AND ployees of the Senate, except where a Whereas, when it appears that evidence REPRESENTATION BY SENATE privilege should be asserted, with rep- under the control or in the possession of the LEGAL COUNSEL resentation by the Senate Legal Coun- Senate may promote the administration of sel. justice, the Senate will take such action as Mr. MCCAIN. Mr. President, I ask will promote the ends of justice consistently unanimous consent that the Senate Mr. MCCAIN. I ask unanimous con- with the privileges of the Senate: Now, proceed to the immediate consider- sent that the resolution be agreed to, therefore, be it ation of S. Res. 281, submitted earlier the preamble be agreed to, the motion Resolved That Galen Fountain, Jo Nobles, by Senators LOTT and DASCHLE. to reconsider be laid upon the table, Leslie Chalmers Tagg, and any other em- The PRESIDING OFFICER. The and that any statements relating to ployee from whom testimony may be re- clerk will report. the resolution appear at the appro- quired, are authorized to testify in the case The assistant legislative clerk read priate place in the RECORD. of United States v. Alphonso Michael Espy, ex- as follows: The PRESIDING OFFICER. Without cept concerning matters for which a privi- A resolution (S. Res. 281) to authorize tes- objection, it is so ordered. lege should be asserted. timony and representation of employees of The resolution (S. Res. 281) was SEC. 2. That the Senate Legal Counsel is the Senate in United States v. Alphonso Mi- agreed to. authorized to represent Galen Fountain, Jo chael Espy. The preamble was agreed to. Nobles, Leslie Chalmers Tagg, and any other The PRESIDING OFFICER. Is there The resolution, with its preamble, employee of the Senate, in connection with objection to the immediate consider- reads as follows: testimony in United States v. Alphonso Mi- chael Espy. ation of the resolution? S. RES. 281 There being no objection, the Senate Resolved, f proceeded to consider the resolution. Whereas, in the case of United States v. Mr. LOTT. Mr. President, this resolu- Alphonso Michael Espy, Criminal Case No. 97– tion concerns a criminal prosecution 0335, pending in the United States District ORDERS FOR THURSDAY, brought against former Secretary of Court for the District of Columbia, a trial SEPTEMBER 24, 1998 Agriculture Mike Espy, alleging ac- subpoena has been served upon Galen Foun- ceptance of illegal gratuities and re- tain and Jo Nobles, employees of the Senate, Mr. MCCAIN. Mr. President, I ask lated charges. The Independent Coun- and Leslie Chalmers Tagg, formerly an em- unanimous consent that when the Sen- ployee of the Senate; ate completes its business today, it sel, who is bringing this prosecution, Whereas, pursuant to sections 703(a) and seeks testimony at trial from two stand in adjournment until 9:30 a.m. on 704(a)(2) of the Ethics in Government Act of Thursday, September 24. I further ask present and one former employee of the 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Senate about communications with Senate may direct its counsel to represent that when the Senate reconvenes on meat and poultry processing industry employees of the Senate with respect to any Thursday, immediately following the representatives and Executive Branch subpoena, order, or request for testimony re- prayer, the Journal of proceedings be officials about a labeling rule promul- lating to their official responsibilities; approved, no resolutions come over gated by the Agriculture Department Whereas, by the privileges of the Senate of under the rule, the call of the calendar the United States and Rule XI of the Stand- be waived, the morning hour be deemed in 1993. The trial is scheduled to begin ing Rules of the Senate, no evidence under on October 1. to have expired, and the time for the the control or in the possession of the Senate two leaders be reserved. In keeping with the Senate’s practice may, by the judicial process, be taken from regarding similar matters, this resolu- such control or possession but by permission The PRESIDING OFFICER. Without tion would authorize testimony by em- of the Senate; objection, it is so ordered.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10859 Mr. MCCAIN. I further ask unani- DEPARTMENT OF COMMERCE MARIELA CALDERON OROZCO, OF VIRGINIA STEPHANIE K. OSTROWSKI, OF VIRGINIA mous consent that the Senate then im- JUDY R. EBNER, OF VIRGINIA BENJAMIN RALPH OUSLEY, OF NORTH CAROLINA mediately proceed to vote on the mo- UNITED STATES INFORMATION AGENCY LAWRENCE JAMES PETRONI, OF NEW YORK PAUL EVANS POLETES, OF SOUTH DAKOTA tion to invoke cloture on the motion to MICHAEL L. MITCHELL, OF TEXAS ELIZABETH CARUSO POWER, OF MARYLAND proceed to S. 2176, the so-called Vacan- GEORGE SKARPENTZOS, OF VIRGINIA ALAN S. PURCELL, OF KENTUCKY COLLEEN ANN QUINN, OF THE DISTRICT OF COLUMBIA cies Act. FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF EFFREY KIMBALL RENEAU II, OF NEW HAMPSHIRE The PRESIDING OFFICER. Without CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN ARLISSA MERRITT REYNOLDS, OF ARIZONA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF OHN CARTER ROBERTSON, OF TEXAS objection, it is so ordered. AMERICA: MARY KATHERINE ROBINSON, OF VIRGINIA Mr. MCCAIN. I further ask unani- DEPARTMENT OF STATE RUSSELL C. ROSEDALE, OF VIRGINIA MATTHEW P. ROTH, OF KANSAS mous consent that following the clo- ANNA MARIA F. ADAMO, OF FLORIDA VICKI RUNDQUIST, OF VIRGINIA ture vote, and if cloture is not invoked, DOUGLAS M. BELL, OF CALIFORNIA AMES L. RUSSO, OF VIRGINIA ROBERT GERALD BENTLEY, OF CALIFORNIA EFFREY ALBERT SALAIZ, OF TEXAS the Senate resume consideration of S. LISA BRODEY, OF WASHINGTON OSEPH E. SALAZAR, OF TEXAS 2279, the FAA authorization bill. I fur- ROBERT GEORGE BURGESS, OF ILLINOIS STUART L. SCHAAG, OF FLORIDA RONALD N. CAPPS, OF FLORIDA MARK HENRY SCHWENDLER, OF VIRGINIA ther ask that there then be 10 minutes ERIC SCOTT COHAN, OF VIRGINIA DANNETTE K. SEWARD, OF WYOMING equally divided for closing remarks on PATRICIA ANN EGAN COMELLA, OF MARYLAND AARON HESS SHERINIAN, OF CALIFORNIA MARK KRISTEN DRAPER, OF WASHINGTON SUSAN MARIE SHULTZ, OF FLORIDA the Inhofe amendment, and at the con- ERIC ALAN FLOHR, OF MARYLAND MARY PAULINE STICKLES, OF MARYLAND clusion of debate time the Senate pro- JUSTIN PAUL FRIEDMAN, OF VIRGINIA JENNIFER DORSEY SUBLETT, OF MISSOURI WILLIAM ROBERT GILL, JR., OF VIRGINIA MARC TEJTEL, OF VIRGINIA ceed to vote on or in relation to the DAVID ROBERT GREENBERG, OF NEW JERSEY JAMES W. TERBUSH, OF COLORADO amendment. I further ask that no sec- THERESA ANN GRENCIK, OF PENNSYLVANIA CHRISTINA LOUISE TOMLINSON, OF VIRGINIA WARREN D. HADLEY, OF MISSOURI LYNN F. TRESSLER, OF NEW YORK ond-degree amendments be in order to RICHARD S.D. HAWKINS, OF NEW HAMPSHIRE MICHAEL TURNER, OF NEW YORK the Inhofe amendment prior to the ANDREW COCHRANE HOYE, OF CALIFORNIA PAMELA R. WARD, OF OREGON KIMBERLY CHRISTINE KELLY, OF TEXAS STEPHEN SPENCER WHEELER, OF CALIFORNIA vote. GREGORY PAUL MACRIS, OF FLORIDA MARK J. WILDERMUTH, OF ARIZONA KAREN E. MARTIN, OF WASHINGTON ALEISHA WOODWARD, OF WASHINGTON The PRESIDING OFFICER. Without JOEL FOREST MAYBURY, OF CALIFORNIA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE SEAN IAN MC CORMACK, OF MAINE objection, it is so ordered. UNITED STATES OF AMERICA: HEATHER D. MC CULLOUGH, OF ARKANSAS f BENJAMIN WARD MOELING, OF CONNECTICUT DEPARTMENT OF TREASURY ROBERT J. MOLINA, OF CALIFORNIA PROGRAM CHRISTOPHER MONDINI, OF CALIFORNIA ROBERT S. DOHNER, OF THE DISTRICT OF COLUMBIA ELIZABETH ANNE NOSEWORTHY, OF DELAWARE DEPARTMENT OF STATE Mr. MCCAIN. For the information of TIMOTHY MEADE RICHARDSON, OF VIRGINIA all Senators, when the Senate recon- MARK ANDREW SHAHEEN, OF MARYLAND ALLEN S. WEINER, OF THE DISTRICT OF COLUMBIA WILLIAM DAVIES SOHIER III, OF MASSACHUSETTS venes on Thursday, there will be an im- JAMES HARLAN THIEDE, OF CALIFORNIA IN THE ARMY HORACIO ANTONIO URETA, OF FLORIDA mediate vote on the motion to invoke THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN P. WHALEN, OF MASSACHUSETTS cloture on the motion to proceed to the IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNITED STATES INFORMATION AGENCY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND so-called Vacancies Act. Following RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: VICKI ADAIR, OF WASHINGTON that vote, the Senate will resume con- LINDA L. ERICKSON, OF FLORIDA To be lieutenant general sideration of the FAA authorization CATHERINE BLOWERS JAZYNKA, OF FLORIDA MAJ. GEN. MICHAEL L. DODSON, 0000. bill, with 10 minutes of debate remain- ROBERT C. KERR, OF NEW YORK DELORES MINERVA MORTIMER, OF MICHIGAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ing on an Inhofe amendment regarding JULIE A. NICKLES, OF FLORIDA IN THE UNITED STATES ARMY TO THE GRADE INDICATED PATRICIA D. NORLAND, OF THE DISTRICT OF COLUMBIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND emergency license removal. At the con- JANE S. ROSS, OF THE DISTRICT OF COLUMBIA clusion of that time, the Senate will RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED MEMBERS OF THE FOREIGN To be lieutenant general proceed to a vote on or in relation to SERVICE OF THE DEPARTMENT OF COMMERCE AND THE the Inhofe amendment. Following that DEPARTMENT OF STATE AND THE UNITED STATES IN- MAJ. GEN. RANDALL L. RIGBY, JR., 0000. FORMATION AGENCY TO BE CONSULAR OFFICERS AND/ vote, the Senate will continue consid- OR SECRETARIES IN THE DIPLOMATIC SERVICE OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT eration of the FAA bill, with amend- UNITED STATES OF AMERICA, AS INDICATED: IN THE RESERVE OF THE ARMY TO THE GRADES INDI- CONSULAR OFFICERS AND SECRETARIES IN THE DIP- CATED UNDER TITLE 10, U.S.C., SECTION 12203: ments being offered and debated LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: To be major general throughout tomorrow’s session. There- ARNALDO ARBESU, JR., OF FLORIDA BRIG. GEN. JERALD N. ALBRECHT, 0000. fore, Members should expect rollcall MICHELE BACK, OF MINNESOTA BRIG. GEN. WESLEY A. BEAL, 0000. votes during the day and into the JENNIFER L. BACHUS, OF KANSAS BRIG. GEN. WILLIAM N. KIEFER, 0000. DAVID F. BANKS, OF VIRGINIA BRIG. GEN. WILLIAM B. RAINES, JR., 0000. evening on Thursday in relation to the KATHY ANN BENTLEY, OF TENNESSEE BRIG. GEN. JOHN L. SCOTT, 0000. HEIDE M. BRONKE, OF TEXAS BRIG. GEN. RICHARD O. WIGHTMAN, JR., 0000. FAA bill or any other legislative or ex- LEE RUST BROWN, OF UTAH ecutive items cleared for action. JOHN A. CARINI, OF CALIFORNIA To be brigadier general ROBET MADISON CONOLEY, OF OREGON f ROBERT E. COPLEY, OF COLORADO COL. ANTONY D. DICORLETO, 0000. CANDACE S. CREWS, OF ALASKA COL. GERALD D. GRIFFIN, 0000. ADJOURNMENT UNTIL 9:30 A.M. JESSE STARR CURTIS, OF ARIZONA COL. TIMOTHY M. HAAKE, 0000. RICHARD RANDALL CUSTIN, OF MICHIGAN COL. JOSEPH C. JOYCE, 0000. TOMORROW ALEXANDER N. DANIELS, OF ILLINOIS COL. CARLOS D. PAIR, 0000. JESSICA LEE DAVIES, OF CALIFORNIA COL. PAUL D. PATRICK, 0000. Mr. MCCAIN. If there is no further MARA ANGELA DEL PRINCIPE, OF VIRGINIA COL. GEORGE W. PETTY, JR., 0000. business to come before the Senate, I JEFFERSON KENNEDY DUBEL, OF FLORIDA COL. GEORGE W. S. READ, 0000. COL. JOHN W. WEISS, 0000. now ask unanimous consent that the ADRIENNE MARIE GALANEK, OF NEW YORK MAUREEN GLAZIER, OF CALIFORNIA IN THE NAVY Senate stand in adjournment under the JOHN MICHAEL FRANCIS GRONDELSKI, OF NEW JERSEY THOMAS J. GRUBISHA, OF PENNSYLVANIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT previous order. JENNIFER A. HARHIGH, OF PENNSYLVANIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED There being no objection, the Senate, EDWARD P. HEARTNEY, OF CALIFORNIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AARON M. HELLMAN, OF CALIFORNIA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: at 6:37 p.m., adjourned until Thursday, PATRICIA LYNN HOFFMAN, OF PENNSYLVANIA September 24, 1998, at 9:30 a.m. ROBIN HOLZHAUER, OF WISCONSIN To be vice admiral PAUL J. HOUGE, OF THE DISTRICT OF COLUMBIA REAR ADM. SCOTT A. FRY, 0000. f KURT J. HOYER, OF CALIFORNIA NANCY L. ISRAEL, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS FREDERICK L. JONES, II, OF CALIFORNIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED KEVIN KABUMOTO, OF ILLINOIS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Executive nominations received by LISBETH KEEFE, OF OHIO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the Senate September 23, 1998: ROGER KENNA, OF VERMONT PAUL J. KULLMAN, OF VIRGINIA To be vice admiral DEPARTMENT OF JUSTICE JASON N. LAWRENCE, OF CALIFORNIA VICE ADM. PATRICIA A. TRACEY, 0000. THOMAS ERIC LERSTEN, OF VIRGINIA DENISE E. O’DONNELL, OF NEW YORK, TO BE UNITED ALAIN Y. LETORT, OF THE DISTRICT OF COLUMBIA IN THE ARMY STATES ATTORNEY FOR THE WESTERN DISTRICT OF HEATHER CHRISTINE LIPPITT, OF ILLINOIS NEW YORK FOR THE TERM OF FOUR YEARS VICE PAT- THOMAS P. MC ANALLY, OF COLORADO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICK H. NE MOYER, RESIGNED. HENRY MARTIN MC DOWELL IV, OF ALASKA TO THE GRADE INDICATED IN THE UNITED STATES ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN FOREIGN SERVICE KEVIN DAVID MC GLOTHLIN, OF FLORIDA PATRICIA A. MELVIN, OF VIRGINIA ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND THE FOLLOWING NAMED PERSONS OF THE AGENCIES JOSEF E. MERRILL, OF CALIFORNIA 531: INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- IRENEO TAN MIQUIABAS III, OF OHIO To be major FICERS OF THE CLASSES STATES, AND ALSO FOR THE VERONICA CAROLYN MOBLEY, OF VIRGINIA OTHER APPOINTMENTS INDICATED HEREWITH: ERIN STROTHER MURRAY, OF INDIANA MICHAEL C. AARON, 0000 FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF HEIDI NEBEL, OF VIRGINIA *GILBERT ADAMS, 0000 CLASS THREE, CONSULAR OFFICERS AND SECRETARIES BRIAN NEUBERT, OF THE DISTRICT OF COLUMBIA KENNETH P. ADGIE, 0000 IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ALAIN G. NORMAN, OF MARYLAND CLINTON E. AICHS, 0000 AMERICA: MARIA DE GUADALUPE OLSON, OF ILLINOIS LARRY P. AIKMAN, JR. 0000

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*BRIAN E. ALBERT, 0000 CHRISTOPHER J. BONHEIM, 0000 KATHLEEN T. CHANDLER, 0000 DANIEL S. ALBERT, 0000 BRETT L. BONNELL, 0000 DAVID P. CHAPMAN, 0000 SCOTT E. ALEXANDER, 0000 PAUL BONTRAGER, 0000 *DAVID W. CHASE, 0000 MANLEY R. ALFORD, 0000 *CLAUDE E. BONVOULOIR, 0000 JOSEPH M. CHATFIELD, 0000 *BROOK E. ALLEN, 0000 NANCY BOORE, 0000 *KENNETH M. CHATMAN, 0000 CHARLES H. ALLEN, 0000 *KARL D. BOPP, 0000 MARTY P. CHAVERS, 0000 GREGORY J. ALLEN, 0000 *SHERRIE L. BOSLEY, 0000 *JOHN R. CHAVEZ, 0000 *STEPHANIE D. ALLEN, 0000 *REGINALD BOSTICK, 0000 WAYNE G. CHERRY, JR., 0000 WILLIAM E. ALLEN, 0000 *JOSEPH J. BOVY, JR, 0000 EDWARD J. CHESNEY, 0000 JOAN M. ALLISON, 0000 THEODORE C. BOWLING, 0000 MATTHEW G. CHESNEY, 0000 *CATHERINE E. ALTHERR, 0000 *MICHAEL E. BOWNAS, 0000 KEMP L. CHESTER, 0000 JOHN M. ALTMAN, 0000 *JEFFREY A. BOYER, 0000 *ERIK K. CHRISTENSEN, 0000 MARICELA ALVARADO, 0000 CURTIS W. BOZEMAN, 0000 GEORGE N. CHRISTENSEN III, 0000 JOHN W. AMBERG II, 0000 BEVERLY F. BRACKEN, 0000 KAREN M. CHRISTRUP, 0000 MICHAEL W. ANASTASIA, 0000 *LAURENCE G. BRACKETT, 0000 *JORDAN S. CHROMAN, 0000 *CAROL L. ANDERSON, 0000 JAMES H. BRADLEY, JR, 0000 NICHOLAS P. CHRONIS, 0000 *DARRAN T. ANDERSON, 0000 *JOHN M. BRADSHER, 0000 JASON A. CHUNG, 0000 *DELMAR G. ANDERSON, 0000 *ALEXANDER P. BRANCH, 0000 *KIM T. CINCOTTI, 0000 DOUGLAS F. ANDERSON, 0000 MICHAEL E. BRANDT, 0000 *RONALD G. CLAIBORNE, 0000 *JAMES E. ANDERSON, 0000 ALLEN G. BRANNAN, 0000 *ALICIA A. CLARK, 0000 MATTHEW D. ANDERSON, 0000 MARK W. BRANTLEY, 0000 RONALD P. CLARK, 0000 MATTHEW R. ANDERSON, 0000 JAMES B. BRASHEAR, 0000 *WILLIAM E. CLARK, JR., 0000 MICHAEL R. ANDERSON, 0000 *LIANA L. BRATLAND, 0000 GAIL C. CLARKE, 0000 *RICHARD J. ANDERSON, 0000 *DONALD S. BRAWLEY, 0000 STEPHEN G. CLEVELAND, 0000 ROBERT J. ANDERSON, 0000 KENNETH A. BREITEN, 0000 *WILLIAM F. CLINEFELTER, 0000 STEVEN P. ANDERSON, 0000 THOMAS M. BRENNAN, 0000 DAVID R. CLONTS, 0000 *ERIC J. ANGELI, 0000 DONALD E. BRIDGERS, 0000 *THOMAS J. CLOSS, 0000 BRUCE P. ANTONIA, 0000 ERIC W. BRIGHAM, 0000 *CAESAR D. COBB, 0000 *JOSE E. ARANES, 0000 JEFFREY W. BRLECIC, 0000 *JOHN R. COBB, JR., 0000 HOWARD E. AREY IV, 0000 DARIN L. BROCKINGTON, 0000 *PHILANDER L. COCHRAN, 0000 *TAIVIA K. ARMSTRONG, 0000 PINILLA K. BROOKS, 0000 KENNETH G. COCKERHAM II, 0000 *TODD A. ARMSWORTH, 0000 TIMOTHY P. BROOKS, 0000 *ROD A. COFFEY, 0000 *ANTHONY E. ARTHUR, 0000 PAUL C. BROTZEN, 0000 CARL R. COFFMAN, JR., 0000 SAMUEL L. ASHLEY, 0000 SCOTT E. BROWER, 0000 *JOSEPH W. COFFMAN, JR., 0000 *TERRI L. ASHLEY, 0000 ANTHONY BROWN, 0000 *MICHAEL J. COLARUSSO, 0000 *DAVID W. ASTIN, 0000 ANTHONY T. BROWN, 0000 *RUSSELL E. COLE, 0000 *CHARLES L. ATKINS, 0000 *DAVID L. BROWN, 0000 *MATTHEW B. COLEMAN, 0000 DOUGLAS R. BABB, 0000 DUANE E. BROWN, 0000 *WILLIAM E. COLLIGAN, 0000 GLENN C. BACA, 0000 *JAMES C. BROWN, 0000 *JAMES L. COLLINS, 0000 ROBERT E. BACKMAN, 0000 JENIFER L. BROWN, 0000 JULIE A. COLLINS, 0000 ANDREW W. BACKUS, 0000 KERK B. BROWN, 0000 *WILLIE P. COLLINS, 0000 PETER K. BACON, 0000 *RANDALL K. BROWN, 0000 *CHRISTOPHER M. COLOMBO, 0000 *SCOTT D. BAER, 0000 SHANNON B. BROWN, 0000 KEVIN C. COLYER, 0000 DOUGLAS G. BAGDASARIAN, 0000 *TITUS BROWN, 0000 *DARREN R. COMPTON, 0000 DAVID B. BAILEY, 0000 *VERONICA BROWN, 0000 *GERALD H. COMPTON, 0000 STEVEN L. BAIRD, 0000 MICHAEL I. BROWNFIELD, 0000 JEFFREY L. CONN, 0000 GWEN E. BAKER, 0000 DENNIS W. BROZEK, 0000 *MICHAEL F. CONNELLY, 0000 JEFFERY S. BAKER, 0000 *WALTER J. BRUNING, 0000 CHARLES T. CONNETT, 0000 PRENTISS O. BAKER, 0000 ERIC B. BRUNS, 0000 PATRICK E. CONNORS II, 0000 STEVEN A. BAKER, 0000 KERRY P. BRUNSON, 0000 WILLIAM D. CONWELL, 0000 ROBERT M. BALCAVAGE, JR. 0000 *SHEILA A. BRYANT, 0000 *TODD Z. CONYERS, 0000 *JOHN S. BALDA, 0000 *MARK J. BUCKLEY, 0000 DONALD M. COOK, 0000 BRADLY S. BALDWIN, 0000 GEOFFREY P. BUHLIG, 0000 JOHN A. COOPER, 0000 CHRISTOPHER L. BALLARD, 0000 STEVEN R. BULLOCK, 0000 *PETER J. COOPER, 0000 *RICHARD R. BALLARD, 0000 MART E. BUMGARNER, 0000 THOMAS R. COOPER, 0000 *ANTWAN D. BANKS, 0000 STEVEN R. BUNCH, 0000 MICHAEL D. COPENHAVER, 0000 *THYRIS D. BANKS, 0000 *ROBERT J. BUNGARDEN, 0000 LYLE T. CORDER, 0000 *KEITH K. BANNING, 0000 WILLIAM C. BUNTING, 0000 DANIEL R. COREY, 0000 DARIO A. BARATTO, 0000 JAMES D. BURDICK, 0000 ROBERT M. CORNEJO, 0000 JAMES T. BARKER, 0000 MARK A. BURGE, 0000 JOHN R. CORNELIO, 0000 DANE A. BARKSDALE, 0000 ROBERT K. BURK, 0000 *JOHN T. CORNELIUS, JR., 0000 JAMES R. BARNES, 0000 STEPHEN A. BURK, 0000 JOEL W. CORNELL, 0000 *DANIEL R. BARNETT, 0000 *GLEN D. BURNHAM, 0000 SEAN J. CORRIGAN, 0000 *PATRICK H. BARNWELL, 0000 KATHLEEN M. BURNS, 0000 *STEVEN C. CORSELLO, 0000 JAMES E. BARREN, 0000 *MARK E. BURTNER, 0000 *MICHAEL E. CORSON, 0000 *EUGENE BARRETT, 0000 LOU L. BURTON III, 0000 ANGELA L. COTTON, 0000 MARIA B. BARRETT, 0000 *DAVID W. BURWELL, 0000 *JOSEPH F. COUGHLIN, 0000 *MARK C. BARTHOLF, 0000 TROY D. BUSBY, 0000 *JOHN M. COURTNEY, 0000 JAMES L. BARTON, JR., 0000 BICHSON BUSH, 0000 *CONSTANCE M. COVINGTON, 0000 RONALD J. BASHISTA, 0000 *CHRISTOPHER B. BUSH, 0000 *SPENCER T. COWAN, 0000 *DAVID G. BASSETT, 0000 RICHARD S. BUSKO, 0000 CARL W. COWEN, 0000 DEAN R. BATCHELDER, 0000 *ALFONZO BUTLER, 0000 CHARLES B. COX, 0000 *KIRKLIN J. BATEMAN, 0000 *DARRELL W. BUTLER, 0000 CHRISTOPHER K. COX, 0000 *RENA M. BATTS, 0000 LEO P. BUZZERIO, 0000 BROCK W. CRABTREE, 0000 TIMOTHY R. BAXTER, 0000 *HAROLD B. BYRNE, 0000 *CHRISTOPHER E. CRATE, 0000 JOHN M. BAYER, 0000 LEO F. CABALLERO, 0000 MARY C. CRAVEN, 0000 *ALFRED J. BAZZINOTTI, 0000 LYLE J. CADDELL, 0000 *DARRYL A. CRAWFORD, 0000 PATRICK M. BEARSE, 0000 STEVEN G. CADE, 0000 *PETER D. CREAN, 0000 *WILLIAM G. BEAVERS, 0000 JACQUELINE M. CAIN, 0000 GREGORY S. CREECH, 0000 JOHN D. BECK, 0000 *JOSEPH E. CALISTO, 0000 *GERARD H. CRIBB, 0000 JAY F. BECKERMAN, 0000 DAVID C. CALLAHAN, 0000 ORLANDO D. CRITZER, 0000 CHRISTOPHER H. BECKERT, 0000 PAUL T. CALVERT, 0000 *BENJAMIN D. CROCKETT, 0000 *SIGMUND B. BELISCH, JR., 0000 *DONNA R. CAMPBELL, 0000 *CHRISTOPHER D. CROFT, 0000 JOSELYN L. BELL, 0000 *JENNIFER K. CAMPBELL, 0000 *JEFFERY R. CROMWELL, 0000 *DARRIN L. BENDER, 0000 TERESA L. CAMPBELL, 0000 CHRISTOPHER G. CROSS, JR., 0000 JOHN N. BENDER, 0000 *MATTHEW M. CANFIELD, 0000 MICHAEL E. CROWELL, 0000 DAVID M. BENNETT, 0000 *DAVID M. CANNON, 0000 MARY K. CRUSAN, 0000 *CHRISTOPHER R. BENOIT, 0000 JOSEPH A. CAPOBIANCO, 0000 RICHARD A. CRUSAN, 0000 WAYNE P. BERGERON, 0000 *WILLIAM F. CARBERRY, 0000 JEFFREY L. CULLEN, 0000 CARLOS G. BERRIOS, 0000 DOUGLAS C. CARDINALE, 0000 DANIEL J. CUNNINGHAM, 0000 CARLOS J. BETANCOURT, JR., 0000 *SARAH A. CAREY, 0000 HARRY L. CUNNINGHAM, 0000 ALDO P. BIAGIOTTI, 0000 CHRISTOPHER B. CARLILE, 0000 *PHILIP D. CURETON, 0000 ROBERT L. BILLEAUD, 0000 *TORI R. CARLILE, 0000 KENNETH D. CURTIS, 0000 *MANFRED BILLENSTEIN, 0000 MICHAEL A. CARLINO, 0000 SCOTT D. CUSTER, 0000 SCOTT J. BISCIOTTI, 0000 FLOYD W. CARLSON, 0000 WILLIAM E. DAHLBERG, 0000 PAUL A. BISHOP, 0000 *JAY D. CARLSON, 0000 JOHN S. DAILEY, 0000 MARK R. BLACKBURN, 0000 DUANE T. CARNEY, 0000 *STEVEN DAKNIS, 0000 ROBERT D. BLANCHETTE, 0000 JAMES D. CARPENTER, 0000 *EUGENE A. DANIELS, 0000 JAMES A. BLANCO, 0000 BADEAH F. CARROLL, 0000 DAVID A. DANIKOWSKI, 0000 MANUEL BLANCO, 0000 *KEITH A. CARROLL, 0000 *DIANE K. DANNELLY, 0000 *MAURICE T. BLAND, 0000 *MARTIN V. CARROLL, 0000 *TIMOTHY J. DAUGHERTY, 0000 MURRAY K. BLANDING, SR., 0000 RICHARD C. CARROLL, JR., 0000 DAVID S. DAVIDSON, 0000 GREGG A. BLISS, 0000 *CHARLES A. CARTER, 0000 *FRANCIS J. DAVIDSON, 0000 BRYAN H. BLUE, 0000 *JOY W. CARTER, 0000 JOHN W. DAVIDSON III, 0000 *MICHAEL J. BOCHNA, 0000 ROCKY L. CARTER, 0000 *ROSS E. DAVIDSON, 0000 WILLIAM D. BOCK, 0000 WALTER L. CARTER, JR., 0000 *CHARLES E. DAVIS, 0000 MICHAEL A. BODEN, 0000 *CHRIS N. CARVER, 0000 DAVID M. DAVIS, 0000 *RUSSELL E. BODINE, 0000 *WILLIAM S. CASEY, 0000 *ERIC A. DAVIS, 0000 WILLIAM E. BOHMAN, 0000 TANYA I. CASEYREINHARDT, 0000 *JAMES B. DAVIS, 0000 WILLIAM L. BOICE, 0000 MICHAEL J. CASHNER, 0000 KATHERINE S. DAVIS, 0000 *BRENT T. BOLANDER, 0000 KENT P. CASSELLA, 0000 LANCE E. DAVIS, 0000 DONALD C. BOLDUC, 0000 *PETER A. CATANESE, 0000 LAURA K. DAWSON, 0000 *SCOTT D. BOLSTAD, 0000 *BRIAN M. CAVANAUGH, 0000 STEVEN G. DEAN, 0000 RICHARD K. BOND, 0000 *RUSSELL D. CAVIN, 0000 *ANNIE K. DEAR, 0000 *JACK W. BONE, 0000 *PAUL A. CHAMBERLAIN, 0000 PAUL L. DECECCO, 0000 JAMES E. BONER, 0000 ZANE D. CHAMBERS, 0000 KENNETH I. DECKER, 0000 JOSEPH M. BONGIOVANNI, 0000 ESTHER E. CHAMBLISS, 0000 PATRICK C. DEDHAM, 0000

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EDWIN J. DEEDRICK, JR., 0000 CHARLES A. FISH, 0000 *MARSHALL A. GUTIERREZ, 0000 *ROBERT J. DEHAAN, 0000 *MICHAEL P. FISHER, 0000 MAX F. GUTIERREZ, JR., 0000 JOHN C. DEJARNETTE III, 0000 WILLIAM O. FISHER, 0000 *ANTHONY E. HAAGER, 0000 ROSSO D. DEL, 0000 DAVID P. FITCHITT, 0000 *BARRY V. HADLEY, 0000 DOUGLAS J. DELANCEY, 0000 VICTORIA V. FLACK, 0000 *VICTOR S. HAGAN, 0000 DANIEL V. DELEON, 0000 THOMAS P. FLANDERS, 0000 *JEFFREY E. HAGER, 0000 SEAN T. DELLER, 0000 *DWAINE FLANNAGAN, 0000 RODNEY T. HAGGINS, 0000 *EUGENE DELOACH, SR., 0000 EDWARD R. FLEMING, 0000 ERIC D. HAIDER, 0000 *JUAN A. DELOSSANTOS, 0000 *JEFFREY FLETCHER, 0000 *CHRISTOPHER S. HAIGH, 0000 *WILLIAM L. DEMALADE, 0000 VIRGIL H. FLINK, 0000 *MECHELLE B. HALE, 0000 JAMES R. DEMOSS, 0000 *JEFFREY L. FLINT, 0000 ELIZABETH N. HALFORD, 0000 SHEILA C. DENHAM, 0000 RODNEY D. FOGG, 0000 CHRISTOPHER G. HALL, 0000 *MICHAEL P. DERADDO, 0000 WADE A. FOOTE, 0000 CHRISTOPHER H. HALL, 0000 EDWARD V. DESHIELDS, JR., 0000 CHRISTOPHER S. FORBES, 0000 *JAMES H. HALL, 0000 *JAMES M. DESJARDIN, 0000 RONNIE E. FORD, 0000 *JIMMY L. HALL, JR., 0000 DAVID W. DETATA, 0000 *JOSEPH F. FORLENZA, 0000 *DANIEL J. HALSE, 0000 THOMAS E. DETRICK, 0000 EDWARD M. FORTUNATO, 0000 *CHARLES R. HAMILTON, 0000 KEITH A. DETWILER, 0000 *MATTHEW J. FOSTER, 0000 DAVID M. HAMILTON, 0000 MARGARET S. DEVEREUX, 0000 DENNIS A. FOX, 0000 ROBERT E. HAMILTON, 0000 EUGENE J. DEVINE III, 0000 THEODORE J. FOX, 0000 MICHAEL W. HAMM, 0000 MISOU T. DEWEESE, 0000 *MICHAEL L. FRANCK, 0000 *HANAWA K. HAMPTON, 0000 *DAVID J. DEWELL, 0000 GEORGE H. FRANCO, 0000 *PATRICK R. HAMPTON, 0000 *JAMES C. DIAZ, 0000 PATRICK D. FRANK, 0000 MARK W. HANNAH, 0000 RICARDO F. DIAZJIMENEZ, 0000 *BRENTON K. FRASER, 0000 ROBERT J. HANNAH, 0000 *THOMAS J. DICANDIDO, 0000 STEVAN J. FRENCH, 0000 EDGAR M. HANNAMAN, 0000 KEVIN E. DICE, 0000 *HARRY M. FRIBERG, 0000 JOHN P. HANNON, 0000 *HARBAUGH D. DICICCIO, 0000 ROBERT E. FRIEDENBERG, 0000 JOHN A. HANSON, 0000 *CHARLES A. DICKENS, 0000 KENNETH H. FRITZSCHE, 0000 CARY C. HARBAUGH, 0000 *KAILON G. DICKENS, 0000 JEFFREY D. FROM, 0000 KEVIN N. HARBISON, 0000 SERGIO M. DICKERSON, 0000 *GARLAND M. FROST, 0000 ROBERT E. HARBISON, 0000 WILLIAM C. DICKEY, 0000 JACK J. FRUITMAN, 0000 *ROBERT J. HARDBARGER, 0000 CRAIG M. DICKINSON, 0000 *ALTON D. FRY, 0000 *DAVID W. HARGRAVE, 0000 *ARTHUR E. DIETZ, 0000 WALTER D. FRYE, 0000 ANGELIA F. HARGROVE, 0000 *JAMES E. DIGGS, 0000 *CRISLER A. FUCCI, 0000 *KENNY D. HARPER, 0000 RICK A. DIGGS, 0000 *MATTHEW T. FUHRER, 0000 *ROBERT D. HARPER, 0000 *JOHN D. DILL, 0000 STEVEN R. FUSINETTI, 0000 *THOMAS A. HARRAGHY, 0000 *JAMES M. DILLARD, 0000 *JOSE A. GABILONDO, JR, 0000 BENJAMIN M. HARRIS, 0000 *GEORGE E. DILLON, JR., 0000 *JAMES F. GADD, 0000 HUGHIE B. HARRIS, 0000 *HEINZ P. DINTER, JR., 0000 GREGORY D. GADSON, 0000 *KEVIN J. HARRIS, 0000 GERALD R. DIOTTE, JR., 0000 *ROY Y. GAGAZA, 0000 *KEVIN L. HARRIS, 0000 DOUGLAS A. DISINGER, 0000 *JUSTIN C. GAGE, 0000 *MAE F. HARRIS, 0000 *GARY W. DITTERLINE, 0000 JAMES J. GALLAGHER, JR., 0000 WELDON B. HARRIS, 0000 DAVID J. DLUZYN, 0000 JAMES C. GALLUP, 0000 WILLIAM T. HARRIS III, 0000 RONALD C. DODGE, JR., 0000 ANTONIO GARCIA, 0000 *ROBERT L. HARRISON, 0000 *ALFRED C. DODSON, 0000 VICTORIANO GARCIA, JR., 0000 STEVEN D. HART, 0000 JAMES E. DODSON, 0000 ERIC L. GARDNER, 0000 ROBERT D. HARTER, 0000 DANIEL R. DOLWICK, 0000 *JEFFERY. GARLAND, 0000 CHARLES W. HARTFORD, 0000 PATRICK J. DONAHOE, 0000 WILLIAM A. GARLAND, 0000 JOHN P. HARTKE, 0000 STEVEN L. DONALDSON, 0000 TODD GARLICK, 0000 *JEFFRY W. HARTMAN, 0000 JAMES J. DONLON, 0000 *PETER S. GARNER, 0000 *THURINTON W. HARVELL, 0000 *JAMES A. DONNELLY, 0000 GEORGE T. GARRELL, 0000 *KEITH D. HARVEY, 0000 MICHAEL O. DONNELLY, 0000 JAMES E. GARRISON, 0000 GREGORY M. HAUG, 0000 *MICHAEL P. DONOVAN, 0000 BRIAN K. GATES, 0000 *ALFRED L. HAWKINS, JR., 0000 THOMAS T. DORAME, 0000 BRADLEY D. GAVLE, 0000 MICHAEL T. HAWN, 0000 KEVIN J. DOSKI, 0000 HEIDI L. GEBHARDT, 0000 JOHN T. HAYNES III, 0000 JOEL C. DOTTERER, 0000 GREGORY A. GEHLER, 0000 LOUIS J. HAYNES, 0000 GRANT R. DOTY, 0000 JOHN A. GEORGE, 0000 *SCOTT K. HAYS, 0000 *FRANK S. DOUGHERTY, 0000 BRADLEY T. GERICKE, 0000 MARK E. HAYTHORN, 0000 *CALVIN D. DOWNEY, 0000 TODD M. GESLING, 0000 CHARLES E. HAYWOOD, JR., 0000 *ROYAL J. DOWNS, 0000 MICHAEL A. GETCHELL, 0000 MICHAEL L. HEDEGAARD, 0000 THOMAS M. DOWNS, 0000 *WILLIAM M. GIAMMARESE, 0000 BRIAN K. HEDRICK, 0000 PATRICK O. DOYLE, 0000 RICHARD T. GIBBONS, 0000 *MARVIN A. HEDSTROM, JR., 0000 KEVIN P. DRAGNETT, 0000 *KENT K. GIBSON, 0000 CLARK H. HEIDELBAUGH, 0000 *REGINA K. DRAPER, 0000 RICHARD D. GILLEM, JR., 0000 *SANDRA L. HEISER, 0000 BRADLEY K. DREYER, 0000 MICHAEL J. GILLETTE, 0000 *TRACY C. HELBERG, 0000 *SHAWN T. DRISCOLL, 0000 *DONALD P. GILLILAND, 0000 *MICHAEL A. HELM, 0000 FREDERIC A. DRUMMOND, JR, 0000 CATHERINE E. GILLUND, 0000 DARIEN P. HELMLINGER, 0000 THEODORE D. DUGONE, 0000 LEE P. GIZZI, 0000 MICHAEL G. HENLEY, 0000 *ROBERT E. DUKE, 0000 KIMBERLY S. GLASSFORD, 0000 *PAUL A. HENLEY, 0000 BRIAN P. DUNN, 0000 SIMON R. GOERGER, 0000 JOSEPH G. HENRY, 0000 *MARGARET L. DUNN, 0000 JOHN C. GOETZ II, 0000 MICHAEL W. HENRY, 0000 *MICHAEL R. DUNNING, 0000 *MAX R. GOINS, 0000 CHARLES T. HENSLEY, 0000 JAMES F. DUSENBERRY III, 0000 DANIEL P. GOLDTHORPE, 0000 JEFFREY HENSLEY, 0000 *MICHAEL J. DVORACEK, 0000 JESUS F. GOMEZ, 0000 DOYLE M. HERNDON, 0000 MICHAEL K. DYE, 0000 FRANK J. GONZALES, 0000 NEIL S. HERSEY, 0000 MICHAEL O. EAST, 0000 *IVAN R. GONZALEZ, 0000 CHRISTA M. HERTINGDESROSIERS, 0000 DUANE P. EASTER, 0000 *DANIEL W. GOODALE, 0000 ALAN W. HESTER, 0000 FRED R. EASTWOOD III, 0000 HERMAN GOODEN, JR., 0000 *PAUL D. HEYING, 0000 *DAVID A. EAVES, 0000 *STEVEN H. GOODROAD, 0000 *LONNIE G. HIBBARD, 0000 DARWIN D. EBELING, 0000 *ADRIAN E. GOOLSBY, 0000 WILLIAM D. HIBNER, 0000 GREGORY R. EBNER, 0000 GERALD M. GORDNER II, 0000 *MICHAEL G. HICKS, 0000 *JEFFREY A. ECK, 0000 *DEXTER A. GORDON, 0000 TIMOTHY HIEBERT, 0000 *BRIAN H. EDHOLM, 0000 *JOHN K. GORDON, 0000 RALPH G. HIGGINS III, 0000 VANCE A. EDWARDS, 0000 *FREDERICK C. GOTTSCHALK, 0000 CARL B. HIGGS, 0000 LOREN G. EGGEN, 0000 *ROBERT E. GOWAN, 0000 *KEVIN J. HILLMAN, 0000 BRENDA K. EISEMAN, 0000 DONALD E. GRAHAM, 0000 DAVID K. HINKES, 0000 MARK A. ELLIOTT, 0000 JACKSON C. GRAHAM III, 0000 STEVEN N. HINMAN, 0000 *RICHARD F. ELLIS, 0000 *RAMONA T. GRAHAM, 0000 MIGUEL B. HOBBS, 0000 KIMBERLY A. ENDERLE, 0000 *WILLIAM H. GRAHAM, JR, 0000 HORACE C. HODGES, 0000 WILLIAM T. ENGLISH, 0000 ANDREW L. GRANTHAM, 0000 * KELLY J. HOEPFNER, 0000 THEODORE M. EPPLE, 0000 *BRADLEY W. GRAUL, 0000 NATHAN J. HOEPNER, 0000 SVEN C. ERICHSEN, 0000 GREGORY H. GRAVES, 0000 CURTIS W. HOFFMAN, 0000 FREDERICK J. ERST, 0000 CARL G. GREBE, 0000 * JOSEPH B. HOFFMAN, 0000 RICK A. ERWAY, 0000 *SHARON D. GREEN, 0000 ARTHUR J. HOFFMANN, JR., 0000 JOHN M. ERWIN, 0000 *CRAIG M. GREENE, 0000 * WALLACE C. HOGAN, JR., 0000 JOSE A. ESPINOSA, 0000 *ERNEST M. GREENE, JR, 0000 * TIMOTHY W. HOLLIFIELD, 0000 *ALLEN S. ESTES, 0000 *IAN N. GREENE, 0000 * TIMOTHY C. HOLLOWAY, 0000 *ANTHONY O. EVANS, 0000 SANDRA M. GREENE, 0000 VERNON D. HOLMES, 0000 JOHN R. EVANS, JR., 0000 JOHN H. GREENMYER III, 0000 * RUSSELL A. HOLSCHER, 0000 CARL S. EY, 0000 *JEFFREY H. GREESON, 0000 MATTHEW J. HOLT, 0000 SCOTT D. FABIAN, 0000 JAMES D. GREGORY, 0000 CRAIG A. HOLTON, 0000 ROBERT P. FABRIZZIO II, 0000 *KEVIN H. GRIFFIN, 0000 * DERRICK W. HOOD, 0000 SAMUEL P. FAGONE, JR., 0000 TRAVIS S. GRIGG, 0000 ROBERT S. HOOKNESS, JR., 0000 *PHILLIP J. FAIETA, 0000 *WARREN C. GRIGGS, 0000 * DANIEL A. HOPE, 0000 DONALD G. FALLIN, 0000 *FRANCIS D. GRIMM, 0000 JOSEPH A. HOPKINS III, 0000 ROBERT L. FANELLI, JR., 0000 HEIDI L. GRIMM, 0000 MICHAEL S. HOPKINS, 0000 ANTHONY P. FARRIS, 0000 MARIE C. GRIMMER, 0000 * YVETTE C. HOPKINS, 0000 *ROBERT G. FAUSTI, 0000 CHRISTIAN B. GRINSELL, 0000 JASON R. HORNE, 0000 *SHAWN P. FEIGENBAUM, 0000 JOHN F. GRITTMAN, 0000 * ROBERT C. HORNECK, 0000 DUSAN L. FENNER, 0000 PAUL D. GRONBECK, 0000 JODI L. HORTON, 0000 MICHAEL R. FENZEL, 0000 DAVID L. GROSSO, 0000 * KEITH A. HOTTINGER, 0000 CHARLES P. FERRY, 0000 *LEON M. GRUBE, 0000 * CHARLES P. HOWARD, 0000 WILLIAM E. FIELD, 0000 STUART J. GUBLER, 0000 ERIC J. HOWARD, 0000 EDWARD G. FILLER, 0000 RICHARD K. GUFFEY, 0000 MARK V. HOYT, 0000 *ROBERT F. FINN, JR., 0000 DANIEL J. GUILFORD, 0000 MARK G. HRECZUCK, 0000 JAMES C. FISCHER, 0000 WILLIAM W. GUM, 0000 * PENELOPE A. HUBER, 0000 STEVEN T. FISCHER, 0000 *TODD W. GUSTAFSON, 0000 * KEVIN L. HUDIE, 0000

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10862 CONGRESSIONAL RECORD — SENATE September 23, 1998

MITCHEL L. HUDSON, 0000 * JOACHIM W. KNISPEL, 0000 PHILIP A. MARTINSON, 0000 MICHAEL A. HUFF, 0000 * GREGORY J. KNOWLES, 0000 MICHELLE M. MASCO, 0000 BARRY F. HUGGINS, 0000 DEAN R. KNOX, 0000 *EDWARD E. MASON, 0000 JOSEPH F. HUIBSCH, 0000 JAY E. KNOX, 0000 *GREGORY A. MASON, 0000 JEFFREY L. HUISINGH, 0000 * KURT J. KO, 0000 TWALA D. MATHIS, 0000 * STEVEN A. HUMAN, 0000 * NAM Y. KO, 0000 *THOMAS S. MATSEL, 0000 * ARLIS D. HUMMEL, 0000 GERALD C. KOBYLSKI, 0000 *BRENT R. MATTHEWS, 0000 * MICHAEL L. HUMMEL, 0000 RANDALL L. KOEHLMOOS, 0000 MICHAEL R. MATTHEWS, 0000 * RICKY N. HUMPHREYS, 0000 * GREGORY W. KOLLER, 0000 PATRICK L. MATTHEWS, 0000 * DARRELL H. HUNT, 0000 JOHN J. KOPP, 0000 LEONARD H. MATZ, JR., 0000 HOWARD M. HUNT, 0000 CRAIG A. KORCZ, 0000 WILLIAM J. MAXCY, 0000 KENNETH A. HUNT, 0000 * DALE A. KORNUTA, 0000 *JANICE Y. MAXWELL, 0000 WILLIAM M. HUNTHROP, 0000 * KAZIMIERZ Z. KOTLOW, 0000 JEFFREY A. MAY, 0000 * ROBERT F. HUNTLY, 0000 * ANDREW J. KOZAR, 0000 ROGER K. MAYER, 0000 CHRISTOPHER R. HUPP, 0000 DAVID M. KRALL, 0000 CARSON H. MAYO, 0000 JOHN S. HURLEY, 0000 RANDALL P. KRAMER, 0000 *GREGG A. MAYS, 0000 PAUL J. HURLEY, JR., 0000 KARL M. KRAUS, 0000 *OSCAR C. MAYS, 0000 * JOHN L. HUTTO, JR., 0000 DAVID R. LACASSE, 0000 EDWARD M. MAZZA, 0000 * BASHEER ILYAS, 0000 JOHN E. LACKSEN, 0000 *GREGORY S. MC AFEE, 0000 LEO M. IMPAVIDO, JR., 0000 * JEFFREY L. LAFACE, 0000 ROBERT J. MC ALEER, 0000 * CHARLES W. INNOCENTI, 0000 WILLIAM R. LAGRONE, 0000 PAUL D. MC ALLISTER, 0000 STEVEN P. IOOSS, 0000 * STEVEN R. LAHR, 0000 *TIMOTHY J. MC ATEER, 0000 * ROBERT L. IRICK, 0000 * DANIEL F. LARKE, 0000 *DOUGLAS M. MC BRIDE, 0000 CRAIG R. IRLAND, 0000 COLEMAN R. LARLEE, JR., 0000 *MICHAEL R. MC CAFFERY, 0000 * ANDREW W. IRWIN, 0000 DANIEL S. LARSEN, 0000 *OWEN P. MC CAULEY, 0000 * DAVID T. ISAACSON, 0000 DARREL G. LARSON, 0000 CHARLES M. MC CLUNG, 0000 * KATHLEEN M. ISAACSON, 0000 * KEITH A. LARSON, 0000 *JEFFREY H. MC CLURE, 0000 * THOMAS H. ISOM, 0000 LOUIS J. LARTIGUE, JR., 0000 *CHRISTOPHER M. MC CORKENDALE, 0000 * MICHELE T. IVERSEN, 0000 FRANCIS J. LARVIE, 0000 DENNIS J. MC CORMACK, 0000 * LYNN S. JACKSON, 0000 * CHARLES D. LASSITTER, 0000 *EDWARD J. MC CRARY, 0000 * GEOFFREY M. JAEGER, 0000 PAMMELLA J. LASZLO, 0000 *ROGER L. MC CREERY, 0000 * FRANK JAMES, JR., 0000 * RODNEY F. LASZLO, 0000 STEPHEN K. MC CULLAR, 0000 STEVEN P. JAMES, 0000 * JAMES C. LAUGHREY, 0000 *SHAWN G. MC CURRY, 0000 THOMAS L. JAMES, 0000 BRUCE B. LAVELL, 0000 *BERRIEN T. MC CUTCHEN, JR., 0000 * JOHN T. JANISZEWSKI, 0000 MATTHEW M. LAVER, 0000 *ERIC S. MC DANIELS, 0000 BROOKE H. JANNEY, 0000 *KELLY J. LAWLER, 0000 SCOTT L. MC DEED, 0000 GREGORY J. JANOSIK, 0000 *BRIAN A. LAWLESS, 0000 *MARK E. MC DERMOTT, 0000 * JAYNE V. JANSEN, 0000 *RANDY H. LAWRENCE, 0000 GEORGE R. MC DONALD, 0000 LINDA C. JANTZEN, 0000 *TIMOTHY S. LAWRENCE, 0000 KEVIN L. MC DONALD, 0000 PHILLIP D. JANZEN, 0000 *GLENN S. LAWSON, 0000 *PHILLIP N. MC DONALD, JR., 0000 JAMES B. JARRARD, 0000 CHARLES H. LEACH II, 0000 *REGAN P. MC DONALD, 0000 * JOSEPH F. JARRARD, 0000 *MARTIN F. LEAMY, 0000 *WILLIAM R. MC DONOUGH, 0000 MARK E. JEFFRIS, 0000 *CHUN H. LEARN, 0000 *ROBERT A. MC DOUGLE, 0000 JOEL J. JEFFSON, 0000 *JAMES O. LECHNER, 0000 DARRYL D. MC DOWELL, 0000 ANDREW W. JENKINS, 0000 *MARK A. LEE, 0000 DANIEL J. MC FARLAND, 0000 * DAVID E. JENKINS, 0000 PETER A. LEE, 0000 WILLIAM D. MC GARRITY, 0000 * LOGAN JENKINS, JR., 0000 ROBERT E. LEE, JR., 0000 *ROBERT L. MC GHEE, 0000 * JEFFREY E. JENNINGS, 0000 SHANE E. LEE, 0000 *LEO R. MC GONAGLE, 0000 HEIDI E. JENSEN, 0000 WILLIAM E. LEE, 0000 *SEAN C. MC GOVERN, 0000 DAVID O. JERNIGAN, 0000 *LYNNE P. LEGLOAHEC, 0000 *GARRET L. MC GOWAN, 0000 RENE JEWETT, 0000 CHRISTOPHER J. LEHNER, 0000 JEFFREY S. MC GOWAN, 0000 * DAVID A. JOHN, 0000 MARTY M. LENERS, 0000 OTIS W. MC GREGOR III, 0000 * EVERETT C. JOHNSON, 0000 *KENNETH A. LENIG, 0000 *RANDALL A. MC INTIRE, 0000 * HARVEY W. JOHNSON, 0000 *ANTHONY E. LEONARD, 0000 MATTHEW F. MC KENNA, 0000 JONATHAN A. JOHNSON, 0000 *LUKE T. LEONARD, 0000 *PAUL G. MC KENNA, 0000 * KATHLEEN B. JOHNSON, 0000 STEVEN M. LEONARD, 0000 ROBERT J. MC KENNA, 0000 LEWIS A. JOHNSON, JR., 0000 ROBERT S. LEVIS IV, 0000 *TAMMY S. MC KENNA, 0000 * MITCHELL R. JOHNSON, 0000 ANDREW R. LEVY, 0000 DAVON L. MC KEONE, 0000 * SCOTT C. JOHNSON, 0000 DAVID F. LEWIS, 0000 CHRISTOPHER H. MC MANUS, 0000 CLIFTON R. JOHNSTON, 0000 JOHN W. LEWIS, 0000 WILLIAM D. MC MICKLE, 0000 * BARRY L. JONES, 0000 *MARK E. LEWIS, 0000 BRIAN S. MC NAUGHTON, 0000 JOSHUA T. JONES, JR., 0000 *MATTHEW C. LEWIS, 0000 DENNIS J. MC NULTY, 0000 LUIS D. JONES, 0000 *MICHAEL L. LEWIS, 0000 *MARY A. MC PEAK, 0000 * THOMAS E. JONES, 0000 SEAN P. LEWIS, 0000 *STUART J. MC RAE, 0000 MICHAEL E. KAFFKA, 0000 *TERRY L. LEWIS, 0000 ROBERT J. MC TASNEY, 0000 * ERIC G. KAIL, 0000 *JOHN F. LIGHTNER, 0000 ROBERT G. MC VAY, 0000 RUSSELL B. KAISER, 0000 HOWARD Y. LIM, 0000 *ROBERT M. MEGINNIS, 0000 JOHN C. KALAINOV, 0000 JOHN J. LINDSAY, 0000 *MICHAEL W. MEGOWN, 0000 DONNA M. KAMINSKY, 0000 THORSTEN A. LITTAU, 0000 *THOMAS A. MEIER, 0000 PEGGY M. KAMMEN, 0000 *RAYMOND J. LITZINGER, 0000 STEVEN P. MEIHAUS, 0000 MICHAEL C. KASALES, 0000 *DAVID L. LLOYD, 0000 *DONALD E. MEISLER, 0000 SHELDON S. KAUFFMAN, 0000 *JAMES M. LOFFERT, 0000 *MANUEL R. MELENDEZ, 0000 * MARK J. KAZMIERCZAK, 0000 VINCENT J. LOMBARDI, 0000 MONICA MENDEZ, 0000 JAMES K. KEENER, 0000 CHRISTOPHER D. LONG, 0000 *MANUEL C. MENO, JR., 0000 JOHN M. KEETER, 0000 *JOSEPH W. LONTOS, JR., 0000 RODNEY A. MENTZER, 0000 * KENNETH R. KEIM, 0000 *FAVIO L. LOPEZ, 0000 MICHAEL L. MEREDITH, 0000 MARK S. KEITH, 0000 JOSEPH L. LOPEZ, 0000 *ROBERT C. MERKEL, JR., 0000 MICHAEL J. KEITH, 0000 *MICHAEL C. LOPEZ, 0000 JAMES L. MERLO, 0000 * JULIE A. KELLER, 0000 GREGORY D. LOUDEN, 0000 PETER P. MERRILL III, 0000 WINFIELD R. KELLER, 0000 DAVID M. LOVEJOY, 0000 KENNETH S. MERWIN, 0000 * DAVID M. KELLY, 0000 *ROSS W. LOVELACE, 0000 MEL M. METTS, 0000 JOHN A. KELLY, 0000 *ADAM A. LOVELESS, 0000 *LEANNE L. MEYER, 0000 * KYLE W. KELLY, 0000 COLIN E. LOWE, 0000 STEPHEN L. MICHAEL, 0000 ERIC C. KELTZ, 0000 ROBERT E. LOWE, 0000 WALTER T. MICHEL, 0000 * SCOTT T. KENDRICK, 0000 JEANNE E. LUCEY, 0000 BRIAN M. MICHELSON, 0000 DAVID R. KENNEDY, 0000 *BRYAN K. LUKE, 0000 BILLY L. MILLER, 0000 * JAMES L. KENNEDY, JR., 0000 KEITH E. LYNCH, 0000 CHRISTOPHER C. MILLER, 0000 * KRIS L. KENNER, 0000 *RONALD J. LYSINGER, 0000 DANIEL C. MILLER, 0000 CHRISTOPHER M. KENNEY, 0000 DANA L. MABEE, 0000 KENNETH J. MILLER, 0000 PAT L. KERBUSKI, JR., 0000 CRYSTAL M. MACK, 0000 KENNETH R. MILLER, 0000 EDWARD M. KETCHUM, 0000 *ROBERT R. MACKEY, 0000 *MICHAEL C. MILLER, 0000 * KERRILYNN A. KETCHUM, 0000 JAMES R. MACKLIN, JR., 0000 MICHAEL G. MILLER, 0000 ROBERT H. KEWLEY, JR., 0000 LIONEL W. MAGEE, JR., 0000 SCOTT A. MILLER, 0000 JOHN M. KILGALLON, 0000 ANNE M. MAHANA, 0000 *TIM Y. MILLER, 0000 DONNA M. KILLIAN, 0000 GREGORY S. MAHONEY, 0000 RANDALL E. MILLERS, 0000 * DAVID S. KIM, 0000 BRIAN K. MAIJALA, 0000 DOUGLAS W. MILLS, 0000 * RICHARD C. KIM, 0000 *MARCUS D. MAJURE, 0000 MICHAEL L. MILLS, 0000 * BENJAMIN L. KINARD, 0000 BRIAN MAKA, 0000 DOUGLAS D. MINER, 0000 * GWENDOLYN L. KING, 0000 CAMILLE R. MAKURAT, 0000 ROCCO M. MINICUCCI, 0000 JEFFREY S. KING, 0000 *MARK A. MALCOM, 0000 *JOSEPH S. MINUS, 0000 JOSEPH B. KING, 0000 *GEOFFREY S. MANGELSDORF, 0000 RONALD E. MISAK, 0000 ROBERT L. KING, 0000 *JERRY K. MANLEY, 0000 MARK A. MISKOVIC, 0000 RODNEY L. KING, 0000 JOHN E. MARAIA, 0000 MICHAEL S. MITCHINER, 0000 SCOTT D. KING, 0000 STEPHEN J. MARANIAN, 0000 JAMES A. MOFFATT, 0000 STEVEN M. KING, 0000 *PAUL V. MARNON, 0000 ERIC V. MOHNEY, 0000 ROBERT O. KIRKLAND, 0000 *JOHN J. MARR, 0000 CHERYL L. MOMAN, 0000 * ANDREW D. KIRKNER, 0000 *CHRISTOPHER G. MARSHALL, 0000 *MICHAEL J. MONIS, 0000 * ROBERT D. KISER, 0000 CLAY M. MARSHALL, 0000 *PETER J. MOONS, 0000 * JEFFRY A. KLEIN, 0000 *ROBERT W. MARSHALL, 0000 *ALVIN K. MOORE, 0000 ERIK A. KLEINSMITH, 0000 TREVOR R. MARSHALL, 0000 DAVID W. MOORE, 0000 CHARLES H. KLINGE, JR., 0000 *DONNA W. MARTIN, 0000 ERNEST MOORE, JR., 0000 LAUREL R. KLINGE, 0000 LARRY E. MARTIN, JR., 0000 JOHN P. MOORE, 0000 * ROBERT E. KLINGSEISEN, 0000 MICHELLE L. MARTIN, 0000 *LESTER C. MOORE, 0000 * DARRIN S. KNELLER, 0000 *TONY M. MARTIN, 0000 DREW MOORES, 0000 MARK S. KNERAM, 0000 JOSEPH T. MARTINI, JR., 0000 JOHN S. MOORHEAD, 0000 * JEFFREY T. KNIGHT, 0000 CHARLES D. MARTINO, 0000 *CARLOS MORALES, 0000 STEVEN D. KNIGHT, 0000 *CHRISTINE U. MARTINSON, 0000 *KENNETH G. MORENO, 0000

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TAMARA L. MORRIS, 0000 BRYAN G. PETERSON, 0000 *EDWARD T. RODEN, 0000 WILLIAM L. MOSELEY, 0000 BRYAN T. PETERSON, 0000 DARRIN H. RODESCHIN, 0000 MATTHEW E. MOYER, 0000 *IHOR PETRENKO, 0000 MILTON O. RODRIGUEZ, 0000 GERALD M. MUHL, JR., 0000 TAMMIE J. PETTIT, 0000 BRIAN M. ROGERS, 0000 JEFFREY P. MUHLENKAMP, 0000 HOWARD K. PHELAN, 0000 *ELIZABETH B. ROGERS, 0000 RONALD A. MULKEY, 0000 JAMES C. PHELPS III, 0000 *STUART K. ROGERS, 0000 *HUGH J. MULLALY, 0000 PAUL M. PHILLIPS, 0000 THOMAS J. ROGERS, 0000 *JAMES H. MULLEN, 0000 *ROBIN N. PHILLIPS, 0000 STEVEN L. ROHLENA, 0000 *MICHAEL D. MUMFORD, 0000 *HOWARD J. PICKETT, 0000 FREDRIC W. ROHM, JR., 0000 *ADAM J. MUNN, 0000 *JOHN R. PILLONI, 0000 *JAMES D. ROLAND, 0000 *WADE L. MURDOCK, 0000 GENE M. PISKATOR, 0000 *JOHN G. ROMERO, 0000 JEFFREY J. MURPHY, 0000 RAMONA D. PLEMMONS, 0000 PETER L. ROOKS, 0000 *MARVIN E. MURPHY, 0000 RICHARD P. PLETTE, 0000 JOHN C. ROONEY, 0000 TERRYNE F. MURPHY, 0000 WESLEY B. PLYBON, 0000 RICHARD D. ROOT, 0000 *THERESA G. MURPHY, 0000 JOHN F. POLLACK, 0000 *CHRISTOPHER J. ROSCOE, 0000 WAYNE MURPHY, 0000 MARK J. PONTIUS, 0000 ANDREW L. ROSE, 0000 ROBERT W. MYLES, JR., 0000 *ROBERT M. POOLE, 0000 JAMES K. ROSE, 0000 JOHN A. NAGL, 0000 RENE B. PORRAS, 0000 *JOHN E. ROSEBOROUGH, 0000 MICHAEL N. NAHAS, 0000 JAMES A. PORTER II, 0000 JOSE ROSS, 0000 ALFREDO NAJERA, 0000 *BETH A. PORTERFIELD, 0000 LUZ ROSS, 0000 WILLIAM W. NASE, 0000 LAURA A. POTTER, 0000 *KAREN R. ROSSER, 0000 *JOHN P. NATHE, 0000 JOHN A. POTTS, 0000 *DEREK R. ROUNTREE, 0000 MICHAEL P. NAUGHTON, 0000 *COLICE D. POWELL, 0000 CURTIS J. ROYER, 0000 KIMBEL D. NEAL, 0000 RANDY E. POWELL, 0000 STACY L. RUBLE, 0000 MICHAEL P. NEAVERTH, 0000 EDWARD T. POWERS, 0000 ALVIN RUIZ, 0000 JONATHAN J. NEGIN, 0000 *TIMOTHY A. POWERS, 0000 MICHEL M. RUSSELL, SR., 0000 *JULIA A. NELIUS, 0000 *PAUL J. POWIS, 0000 *RHETT C. RUSSELL, 0000 CHARLES H. NELSON, 0000 JEFFREY C. PREDMORE, 0000 *ROBERT R. RUSSELL, JR., 0000 *MICHAEL L. NELSON, 0000 LEVEN R. PRESSLEYSANDERS, 0000 BRIAN D. RUSSO, 0000 DARREL B. NEROVE, 0000 LISA K. PRICE, 0000 LEO J. RUTH II, 0000 *ANDRE E. NETTLES, 0000 MICHAEL J. PRICE, 0000 DIANE M. RYAN, 0000 *KAREN E. NEUBECKER, 0000 *ROBERT F. PRICE, 0000 *JAMES R. RYAN, 0000 *JILL M. NEWMAN, 0000 JOSE A. PRINCIPE, 0000 *MAUREEN E. RYAN, 0000 RANDALL D. NEWTON, 0000 *JAMES M. PROCTOR, JR., 0000 *NESTOR A. SADLER, 0000 THOMAS J. NIGRO, 0000 JAMES D. PRUNESKI, 0000 MARK H. SALAS, 0000 ERIC J. NIKSCH, 0000 *DWAYNE E. PTASCHEK, 0000 GEORGE J. SALERNO, 0000 DONALD R. NITTI, 0000 *KAREN L. PUJALS, 0000 THOMAS A. SALO, 0000 PAUL N. NOBBE, JR., 0000 LEO G. PULLAR, 0000 *DAVID E. SALTER, 0000 STEVEN M. NOE, 0000 *STANLEY H. PUSTARFI, 0000 CHARLES P. SAMARIS, 0000 *JULIE S. NORMAN, 0000 GORDON R. QUICK, JR., 0000 *ERIC L. SANCHEZ, 0000 *NEAL D. NORMAN, 0000 THOMAS G. QUINN, JR., 0000 *DAVID J. SANDERS, 0000 *STEVEN M. NORTH, 0000 *MICHAEL P. QUIRION, 0000 *JOHN A. SANDERS, 0000 PAUL R. NORWOOD, 0000 ALFREDO R. QUIROS, 0000 *SHERARD D. SANDERS, 0000 *DANIEL J. NOSAL, 0000 ROBERT J. RABB, 0000 *TRAVIS E. SANDERS, 0000 *ELLIOTT C. NOWACKY, 0000 MARK J. RADTKE, 0000 CHRISTINE C. SANDOVAL, 0000 *BONNIE A. NOYES, 0000 *RONNIE L. RAFFERTY, 0000 *LE T. SANFORD, 0000 *LARRY R. NULL, 0000 *JAMES J. RAFTERY, JR., 0000 PAUL S. SARAT, JR., 0000 FREDERICK I. NUTTER, 0000 BRIAN S. RAHN, 0000 *GARY F. SARGENT, 0000 *DAVID A. NYDAM, JR., 0000 BRUCE W. RAHN, 0000 FLOSSIE J. SATCHER, 0000 FREIDA M. OAKLEY, 0000 *JOHN L. RAINVILLE, 0000 STUART D. SAULPAUGH, 0000 FREDERICK P. O’BRIEN, 0000 *AQUILES C. RAMIREZ, 0000 *RALPH E. SAUNDERS, 0000 *RONALD J. OCKER, 0000 *BRENTLY L. RAMSEY, 0000 *MICHAEL R. SAYERS, 0000 JAMES D. O’CONNOR, 0000 *CRAIG A. RAMSEY, 0000 *WINFRIED E. SCHEEL, 0000 *WILLIAM K. O’CONNOR, 0000 MARSHALL N. RAMSEY, 0000 MICHAEL G. SCHELLINGER, 0000 MARK W. ODOM, 0000 WILLIAM C. RAMSEY, 0000 JAMES R. SCHENCK, 0000 ROBERT D. OFFER III, 0000 CARL D. RANDAL, 0000 CLAY S. SCHERER, 0000 AARON K. OGLESBEE, 0000 DAVID W. RANDALL, 0000 TED J. SCHJOTH, 0000 DAN S. OLEXIO, 0000 JOSEPH W. RANK, 0000 SANDE J. SCHLESINGER, 0000 HENRY S. OLIVER, 0000 JEFFREY S. RANSBOTTOM, 0000 *PAUL G. SCHLIMM, 0000 MICHAEL D. OLIVER, 0000 QUENTON T. RASHID, 0000 JAMES D. SCHMITT, 0000 *ROBERT F. OLSEN, 0000 MARK R. RASINS, 0000 MATTHEW C. SCHNAIDT, 0000 ROBERT J. OLSEN, JR., 0000 DAVID C. RASMUSSEN, 0000 *MARCEL A. SCHNEIDER, 0000 KEITH E. OLSON, 0000 ABE R. RATLIFF, JR., 0000 BRAD L. SCHONEBOOM, 0000 *RODNEY L. OLSON, 0000 *RICHARD E. RATLIFF, 0000 *ANDREW R. SCHOTT, 0000 THOMAS V. OLSZOWY, 0000 WILLIAM L. RATLIFF, JR., 0000 JOHN E. SCHOTZKO, 0000 JEFFREY T. OPPENHEIM, 0000 MICHAEL W. RAUHUT, 0000 SCOTT A. SCHRINER, 0000 JOSEPH M. ORECCHIO, 0000 JAMES H. RAYMER, 0000 *CARMEN X. SCHROCK, 0000 JOHN M. OREGAN, 0000 *JON S. RAYNAL, 0000 GERHARD P. SCHROTER, 0000 *TIMOTHY P. ORMAND, 0000 *TIMOTHY REAVES, 0000 *RICHARD M. SCHULTZ, 0000 DOUGLAS J. ORSI, 0000 *WILLIE J. REDDICK, 0000 JAY R. SCHUNEMAN, 0000 DAN R. ORTEGA, 0000 CAROL A. REDFIELD, 0000 STEVEN R. SCHWAIGER, 0000 CRAIG A. OSBORNE, 0000 BRIAN J. REED, 0000 *ARTICE SCOTT, 0000 ROSS T. OSBORNE, 0000 CARLA Y. REED, 0000 THOMAS A. SEAGRIST, 0000 *MACE J. OSWALD, 0000 MATTHEW M. REED, 0000 *GREG L. SEARS, 0000 PAUL A. OTT, 0000 SHAWN E. REED, 0000 *JOSEPH W. SECINO, 0000 *DONALD A. OUTING, 0000 STANLEY E. REEDY, 0000 *JEFFREY B. SEELY, 0000 CHRISTOPHER H. OVERBREY, 0000 FRANCES V. REESE, 0000 JON K. SEGARS, 0000 DAVID S. OVERTON III, 0000 NOEL K. REESE, 0000 MARK M. SEIDLER, 0000 *DONALD C. OVERTON, 0000 BLAIN A. REEVES, 0000 *THOMAS W. SEIFERT, 0000 *BRIAN A. OWEN, 0000 ROBERT A. REEVES, 0000 DAVID T. SEIGEL, 0000 *DALE E. OWEN, 0000 TOIMU A. REEVES II, 0000 DANIEL E. SELLERS, 0000 WILLIAM E. OWEN, 0000 MYRON J. REINEKE, 0000 *PATRICIA A. SELLERS, 0000 THOMAS C. OWENS, 0000 *MARLIN L. REMIGIO, 0000 *TIMOTHY F. SELPH, 0000 RONALD E. PACHECO, JR., 0000 TIMOTHY W. RENSHAW, 0000 JOHN E. SENA, JR., 0000 JOHN C. PAGLIANITE, 0000 DAVID B. RESLER, 0000 *ROY C. SEVALIA, 0000 *DAVID A. PAINE, 0000 *EVERETT C. REVELL, JR., 0000 *WILLIAM R. SEVER, 0000 JOHN V. PAINTER, JR., 0000 HUGO E. REYES, 0000 JOHN M. SEXTON, 0000 *CURTIS T. PALMER, 0000 RICHARD M. REYNO, 0000 *MARK S. SHAABER, 0000 *JOHN D. PALMER, 0000 *JAMES R. REYNOLDS, 0000 MARK E. SHANKLE, 0000 *RODNEY M. PALMER, 0000 *JAMES M. RHAESA, 0000 *JOHN E. SHANKLIN, 0000 MICHAEL F. PAPPAL, 0000 RICHARD A. RHEINSMITH, 0000 JAMES C. SHARKEY, 0000 *HARRY M. PARENT, 0000 *JULIE K. RHEN, 0000 CHRISTOPHER J. SHARPSTEN, 0000 *MARK L. PARENT, 0000 FREDERICK L. RICE, 0000 JOHN B. SHATTUCK, JR., 0000 KAREN V. PARKER, 0000 PHILIP D. RICE, 0000 JAMES P. SHAVER, 0000 KEITH J. PARKER, 0000 CLYDE E. RICHARDS, JR., 0000 KRISADA J. SHAW, 0000 ROSS A. PARKER, 0000 *CHRISTOPHER A. RICHARDSON, 0000 RICHARD A. SHAW, 0000 *SCOTT D. PARKER, 0000 MICHAEL W. RICHARDSON, 0000 *JOHN M. SHECKLER, 0000 TODD H. PARKER, 0000 WILLIAM L. RICHARDSON, 0000 WILLIAM H. SHEEHY, 0000 *KENDALL T. PARKS, 0000 *JEROME M. RICKER, 0000 *CLAYTON O. SHEFFIELD, 0000 RICHARD T. PATTERSON, 0000 DARRIN C. RICKETTS, 0000 *GEORGE A. SHELL, 0000 ALLEN E. PATTY, 0000 MARK L. RIDLEY, 0000 TEDDY T. SHELTON II, 0000 MORGAN W. PAUL, 0000 *EDWARD C. RIEHLE, 0000 *DEMETRIUS D. SHEPPARD, 0000 RICHARD L. PAUL, 0000 *DALE S. RINGLER, 0000 *KELLY J. SHERE, 0000 *JOSEPH PAYDOCK, 0000 MATTHEW RIORDAN, 0000 *CHRISTINE L. SHERMAN, 0000 CHRISTOPHER W. PAYNE, 0000 ANDREW J. RISKO II, 0000 *RONALD B. SHIELDS, 0000 DANNY L. PAYNE, 0000 *THOMAS A. RIVARD, 0000 MICHAEL J. SHINNERS, 0000 *DAVID L. PEDERSEN, JR., 0000 ALBERTO RIVERA, 0000 *JAC W. SHIPP, 0000 STANNON M. PEDERSON, 0000 BRYAN K. ROBBINS, 0000 *TIMOTHY D. SHOWERS, 0000 THOMAS E. PEDIGO, 0000 *JOHN P. ROBERTS, 0000 *DAVID A. SHUGART, 0000 *BRIAN L. PENNINGTON, 0000 PAUL J. ROBERTS, 0000 RONALD J. SHUN, 0000 MICHAEL PEREZRIVERA, 0000 *BENJAMIN G. ROBERTSON, 0000 JON L. SHUPENUS, 0000 *LUIS A. PEROZO, 0000 *BEVERLEY J. ROBERTSON, 0000 *JAMES K. SICKINGER, 0000 TROY D. PERRY, 0000 *REID A. ROBERTSON, 0000 *VAN R. SIKORSKY, 0000 *MARTIN A. PERRYMAN, 0000 ALEX N. ROBINSON, 0000 MICHAEL E. SILVERMAN, 0000 WOLFGANG A. PETERMANN, 0000 JAMES O. ROBINSON, JR., 0000 DAVID L. SILVERNAIL, 0000 GEORGE PETERS III, 0000 *JEFFREY F. ROBINSON, 0000 ROBERT P. SIMELARO, 0000 *WILLIAM T. PETERS, 0000 *JOHN M. RODDY, 0000 SARA V. SIMMONS, 0000

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10864 CONGRESSIONAL RECORD — SENATE September 23, 1998

*MICHAEL E. SIMONELLI, 0000 WALTER S. SWEETSER, 0000 WILLIAM S. WARNER, 0000 KELLY K. SIMPSON, 0000 SEAN P. SWINDELL, 0000 KEVIN C. WARREN, 0000 MICHAEL W. SIMPSON, 0000 GARY C. TALLMAN, 0000 PAUL S. WARREN, 0000 MICHAEL J. SINNEMA, 0000 ROBERT H. TALLMAN, JR, 0000 TARN D. WARREN, 0000 *THOMAS E. SIROIS, 0000 *DANA S. TANKINS, 0000 JOHN W. WASHBURN, 0000 ERNESTO L. SIRVAS, 0000 *JOHN H. TAO, 0000 * GAIL L. WASHINGTON, 0000 GERALD R. SKAW, 0000 FRANK W. TATE, 0000 * STACEY S. WASHINGTON, 0000 *JAMES A. SKELTON, 0000 *MICHAEL A. TATE, 0000 NATHAN K. WATANABE, 0000 JOHN T. SKINNER, 0000 BRADLY S. TAYLOR, 0000 * CHARLES J. WATSON, 0000 *JOEL J. SLAGLE, 0000 *JOEL C. TAYLOR, 0000 * KIRBY E. WATSON, 0000 *SCOTT A. SLATEN, 0000 *WILLIAM J. TAYLOR, 0000 ROBERT L. WATSON, JR., 0000 *AVANULAS R. SMILEY, 0000 GLEN A. TEASLEY, 0000 * ANDREW J. WEATE, 0000 *BARNEY I. SMITH III, 0000 RICHARD A. TEOLIS, 0000 BENJAMIN E. WEBB, 0000 *GARY M. SMITH, 0000 REGINALD TERRY, 0000 SHAWN C. WEED, 0000 JULIUS H. SMITH, 0000 GERARD P. TERTYCHNY, 0000 * DOUGLAS M. WEINER, 0000 MARK N. SMITH, 0000 MICHAEL T. TETU, 0000 * MARK J. WEINERTH, 0000 *MCCOY C. SMITH, 0000 DEBORA L. THEALL, 0000 * MARK E. WEIR, 0000 RANDY J. SMITH, 0000 *BOBBY R. THOMAS, JR, 0000 RAYMOND C. SMITH, 0000 *CATHY J. THOMAS, 0000 JAMES W. WELFORD, 0000 *STEPHEN G. SMITH, 0000 GEORGE K. THOMAS, 0000 CHARLES A. WELLS, 0000 STEPHEN T. SMITH, 0000 *LEMUEL A. THOMAS, JR, 0000 LEONARD E. WELLS, 0000 *MATTHEW J. SMOLECKI, 0000 WALTER THOMAS II, 0000 ERIC M. WELSH, 0000 DAVID A. SMOOT, 0000 ANDREA L. THOMPSON, 0000 ROBERT H. WELSH, 0000 NICHOLAS R. SNELSON, 0000 *JOHN W. THOMPSON, 0000 * THOMAS R. WETHERINGTON, 0000 *DAVE F. SNIDER, 0000 *JASON H. THORNTON, 0000 * THOMAS G. WHARTON, 0000 DAVID B. SNODGRASS, 0000 *ROBERT L. THROWER, 0000 * ARIC S. WHATLEY, 0000 *DEBORAH L. SNYDER, 0000 CLIFFORD V. THURMAN, 0000 CLIFFORD E. WHEELER, JR., 0000 MATTHEW O. SNYDER, 0000 JOHN L. THURMAN, 0000 * RICHARD S. WHEELER, 0000 *MICHAEL C. SNYDER, 0000 WILLIAM D. THURMOND, 0000 JOSEPH F. WHELAN, 0000 JOHN S. SOGAN, 0000 *JOHN A. THURSTON, 0000 BILLY J. WHELCHEL, 0000 *GREGORY P. SOLEM, 0000 *DAVID O. TIEDEMANN, 0000 GREGORY A. WHITE, 0000 JAMES E. SORENSEN, JR, 0000 *RICHARD J. TIERNEY, 0000 INES N. WHITE, 0000 *MARKHAM R. SOROKA, 0000 *RICKY L. TILLOTSON, 0000 JERRY A. WHITE II, 0000 JAYSON M. SPADE, 0000 DANNY F. TILZEY, 0000 RICHARD E. WHITE, 0000 *JACK R. SPARKS, 0000 *MICHAEL W. TINGSTROM, 0000 DANIEL W. WHITNEY, 0000 BRYAN N. SPARLING, 0000 DAVID M. TOCZEK, 0000 * RYAN J. WHITTINGTON, 0000 *ELMER SPEIGHTS, JR, 0000 PETER M. TOFANI, 0000 * JOSEPH E. WICKER, 0000 DAVID L. SPENCER, 0000 JEFFERY K. TOOMER, 0000 * TIMOTHY F. WIDMOYER, 0000 *JACK R. SPIELMAN, 0000 JOSE A. TORRES, 0000 CLAYTON C. WIENECKE, 0000 MARY A. STAAB, 0000 *PAUL D. TOUCHETTE, 0000 DAVID J. WILBERDING, 0000 *THOMAS E. STACKPOLE, 0000 DAVID G. TOUZINSKY, 0000 * LIONEL V. WILBURN, 0000 *ALBERT C. STAHL, 0000 JAY L. TOWNSEND, 0000 KENNETH S. WILDER, 0000 JAMES R. STALEY, 0000 BRUCE J. TUFTIE, 0000 * JEFFREY R. WILEY, 0000 *RALPH T. STANDBROOK, 0000 *JOSEPH S. TURLINGTON, 0000 PAUL J. WILLE, 0000 *RANDALL L. STAPFER, 0000 MORRIS A. TURNER, 0000 * STEPHEN T. WILLHELM, 0000 MURRAY P. STARKEL, 0000 PHILIP L. TURNER III, 0000 * ALFORD J. WILLIAMS, 0000 *ALAN T. STATHAM, 0000 DAVID E. TUTTLE, 0000 * BARRY K. WILLIAMS, 0000 *EDWARD J. STAWOWCZYK, 0000 MICHAEL R. TUTTLE, 0000 * DAVID A. WILLIAMS, 0000 *JOHN D. STEELE, 0000 JOEL K. TYLER, 0000 * DWAYNE WILLIAMS, 0000 RANDI J. STEFFY, 0000 *PATRICK C. TYNAN, 0000 * THOMAS C. WILLIAMS, 0000 *ROBERT W. STEIGERWALD, JR, 0000 *PAUL B. TYRRELL, 0000 THOMAS F. WILLSON, 0000 ROBERT T. STEIN, 0000 ANDREAS S. ULRICH, 0000 * BLANE C. WILSON, 0000 PETER A. STEINIG, 0000 JEFFREY L. URIBE, 0000 * RICHARD A. WILSON, 0000 *BRUCE A. STEPHENS, 0000 WILLIAM T. UTROSKA, 0000 * VERONICA A. WILSON, 0000 GARY D. STEPHENS, 0000 *LISIANE M. VALENTINE, 0000 * TRACY L. WINBORNE, 0000 *JERRY D. STEPHENS, 0000 ERIK VALENTZAS, 0000 DENNIS M. WINCE, 0000 *JEFFREY A. STERLING, 0000 DYKE L. VAN, 0000 *MICHAEL F. STERRETT, 0000 BRET A. VANCAMP, 0000 BRIAN E. WINSKI, 0000 RANDY G. STEVENS, 0000 *KRISTINA E. VANNEDERVEEN, 0000 * MARK D. WINSTEAD, 0000 *THEODORE STEVENSON, JR, 0000 *MICHAEL A. VANPUTTE, 0000 ANTHONY A. WIRTH, 0000 *BRYAN A. STEWART, 0000 TERRY D. VANSKY, 0000 * GARY D. WIRTZ, 0000 *JEFFREY A. STEWART, 0000 *JOSE M. VARGAS, 0000 STEPHEN D. WISE, 0000 JOHN E. STEWART, 0000 RALPH R. VARGAS, 0000 DAVID D. WISYANSKI, 0000 *TERRY C. STJOHN, 0000 ANTHONY W. VASSALO, 0000 PETER B. WITH, 0000 MARK L. STOCK, 0000 CHRISTOPHER T. VAUGHN, 0000 ERIC L. WITHERSPOON, 0000 KEVIN P. STODDARD, 0000 *RONALD A. VENEGAS, 0000 DAVID M. WITTEVEEN, 0000 STEVEN A. STODDARD, 0000 *KEVIN VEREEN, 0000 RICHARD E. WOEHLER, 0000 EMILLY M. STOFFEL, 0000 *NORBERT E. VERGEZ, 0000 * WILLIAM S. WOESSNER, 0000 *DANIEL E. STOLTZ, 0000 *ARLESTER VERNON, JR, 0000 * CHRISTOPHER F. WOLFE, 0000 *PATRICIA L. STOLZ, 0000 WILLIAM M. VERTREES, 0000 LARRY M. WOOD, 0000 *JOHN M. STONE, 0000 *JEFFERY L. VESTAL, 0000 DAVID J. WOODS, 0000 PAUL E. STOTE, 0000 KENNETH E. VIALL, 0000 * MICHAEL P. WRIGHT, 0000 *WILLIAM R. STOWMAN, 0000 JASON R. VICK, 0000 * STEPHEN S. WURFEL, 0000 TIMOTHY J. STRANGE, 0000 JOHN A. VIGNA, 0000 SAUNDRA R. YANNA, 0000 JOHN T. STROMBERG, 0000 SHURMAN L. VINES, 0000 PAUL L. YINGLING, 0000 *CAROL L. STRONG, 0000 *DEAN VLAHOPOULOS, 0000 MONTE L. YODER, 0000 *ADAM N. STROUP, 0000 *RICHARD L. VOLBERDING, 0000 * ROBERT J. YOST, 0000 *JOHN J. STRYCULA, 0000 VAN J. VOORHEES, 0000 JAMES R. YOUNG II, 0000 *CHARLES R. STUART, JR, 0000 NICHOLAS J. VOZZO, 0000 * JOEY T. YOUNG, SR., 0000 *LINDA H. STUART, 0000 *THOMAS L. WAILD, JR, 0000 KEVIN P. YOUNG, 0000 ROBIN L. STUART, 0000 CHRISTOPHER E. WALACH, 0000 ROBERT J. YOUNG, 0000 FRANK D. STUREK, 0000 *DAVID D. WALDEN, 0000 JOHN E. ZABEL, 0000 JOHN A. STYER, 0000 *DAVID W. WALKER, 0000 ALBERT G. ZAKAIB, 0000 *JOEL T. SUENKEL, 0000 *HERMAN H. WALKER, 0000 DANIEL E. ZALEWSKI, 0000 DENNIS S. SULLIVAN, 0000 CLINTON J. WALLINGTON III, 0000 * WILLARD G. ZBAEREN, 0000 KEVIN T. SULLIVAN, 0000 *PAUL R. WALTER, 0000 HENRY G. ZEHR II, 0000 *ZEYAD M. SUQI, 0000 *SHAWN C. WALTERS, 0000 ERIC F. ZELLARS, 0000 *DONALD P. SUTTON, 0000 JOHN L. WARD, 0000 * JAMES G. ZELLMER, 0000 *EDWARD J. SWANSON, 0000 *RICHARD C. WARD, 0000 * RONALD E. ZIMMERMAN, JR., 0000 ROBERT S. SWARTWOOD, 0000 *BRADLEY C. WARE, 0000 JAMES F. ZINK, 0000 JONATHAN E. SWEET, 0000 *ROBERT E. WARING, 0000 * RICHARD G. ZOLLER, 0000

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