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

Vol. 145 WASHINGTON, MONDAY, SEPTEMBER 13, 1999 No. 118 Senate The Senate met at 12 noon and was observance of Your holy law. May we MORNING BUSINESS called to order by the President pro be preserved in union and that peace The PRESIDING OFFICER. Under tempore [Mr. THURMOND]. which the world cannot give; and, after the previous order, there will now be a enjoying the blessings of this life, be period for the transaction of morning PRAYER admitted to those which are eternal. business not to extend beyond the hour The PRESIDENT pro tempore. Our We pray to You, who are Lord and of 2 p.m., with Senators permitted to guest Chaplain, Father Paul Lavin, God, for ever and ever. Amen. speak therein for up to 10 minutes. pastor of St. Joseph’s on Capitol Hill, f Under the previous order, the time Washington, DC, will now give the PLEDGE OF ALLEGIANCE until 1 p.m. shall be under the control prayer. of the distinguished Senator from Wyo- The Honorable PAT ROBERTS, a The guest Chaplain, Father Paul ming, Mr. THOMAS. Senator from the State of Kansas, led Lavin, offered the following prayer: the Pledge of Allegiance, as follows: f In Psalm 103 David sings: I pledge allegiance to the Flag of the SENATE CHALLENGES Bless the Lord, O my soul United States of America, and to the Repub- Mr. THOMAS. Mr. President, as was and all my being bless His holy name. lic for which it stands, one nation under God, Bless the Lord, O my soul indivisible, with liberty and justice for all. noted, there are 2 hours of morning business. My associates are going to and forget not all His benefits. f He pardons all your inequities, undertake for the first hour to talk a He heals all your ills. RECOGNITION OF THE ACTING little bit about the challenges that we He redeems your life from destruction, MAJORITY LEADER face over the next month, 2 months. By He crowns you with kindness and com- The PRESIDING OFFICER (Mr. ROB- the end of this month, of course, we are passion. ERTS). The acting majority leader is to have completed the appropriations, He does not always chide, recognized. and we will be moving forward with nor does He keep His wrath forever. that. We will be dealing with the ad- Not according to our sins does He deal f ministration and with the President on with us, SCHEDULE nor does He requite us according to our their completion. We hope that it will Mr. THOMAS. Mr. President, today crimes. not end up in a closing down of Govern- For as the heavens are high above the the Senate will be in a period of morn- ment but, rather, finding some con- Earth ing business until 2 p.m. Following sensus as to how we deal with our so surpassing is His kindness toward morning business, the Senate will re- budget for next year. those who fear Him. sume consideration of the Interior ap- We are challenged by different phi- As far as east is from the west, propriations bill. As a reminder, clo- losophies, of course, as to what that so far has He put our transgressions ture motions were filed on Friday on spending ought to be; we are always from us. S.J. Res. 33 denouncing the offer of challenged by a difference of view as to Let us pray. clemency to Puerto Rican terrorists what the priorities are. That is the na- Almighty and eternal God, You have and on the Hutchison amendment re- ture of our body. garding oil royalties. These cloture revealed Your glory to all nations. God So, Mr. President, I would like now votes have been scheduled for 5 p.m. of power and might, wisdom and jus- to yield to my friend, the Senator from today and may be followed by addi- tice, through You authority is rightly Arkansas, for 15 minutes. tional votes on judicial nominations. It The PRESIDING OFFICER. The dis- administered, laws enacted, and judg- is hoped that action on the Interior ap- tinguished Senator from Arkansas is ment is decreed. Let the light of Your propriations bill can be completed by recognized. divine wisdom direct the deliberations tomorrow and that the Senate can Mr. HUTCHINSON. I thank the of the Senate and shine forth in all the begin consideration of the bankruptcy Chair. proceedings and laws formed for our reform bill. f rule and government. May they seek to I thank colleagues for their atten- preserve peace, promote national hap- tion. TAX RELIEF piness, and continue to bring us the f Mr. HUTCHINSON. Mr. President, I blessings of liberty and equality. rise today to address for a few minutes We likewise commend to Your RESERVATION OF LEADER TIME the tax relief package that the Senate unbounded mercy all citizens of the The PRESIDING OFFICER. Under passed before the August recess. United States, that we may be blessed the previous order, the leadership time I had the opportunity during the Au- in the knowledge and sanctified in the is reserved. gust recess to travel much of Arkansas.

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

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VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10744 CONGRESSIONAL RECORD — SENATE September 13, 1999 I was in 27 counties in Arkansas in come for food, clothing, and housing than what you did. It is not all of the about a month. So we were very busy. and only 3.6 percent that goes to sav- American dream, but it is part of the In each one of those counties there ings. American dream. The death tax is ab- were opportunities for people to ex- I believe at a time of surplus, it solutely contrary to what we hold out press their opinions and to talk about would be unthinkable, it would be un- as being something Americans should issues that were of concern to them. conscionable for us not to allow the strive toward—investment, savings, We heard much about the farm crisis. I American people to keep more of what building for the future. know the Presiding Officer has been they have worked so hard to make. As Right now, the survival rate for a very involved in trying to fashion a Ronald Reagan once remarked: The family farm from the first to the sec- farm policy that is going to allow fam- taxpayer is someone who works for the ond generation is only about 30 per- ily farmers to survive, be viable, and Federal Government but doesn’t have cent. The odds are against a family has been very involved in the ag policy to take a Civil Service exam. When we farmer being able to pass along that of this country. We have heard a lot of think about the increasing percentage farm to their children or grand- concerns about agriculture. of our income going to taxes, that is, children. I know our farmers are work- I also heard a lot about the tax pack- unfortunately, more true today than it ing hard, and these are difficult times age, and there were a lot of questions. was when President Reagan said it. for them. We keep having emergency I want to take a few minutes today to The American people are laboring bills to help alleviate the problems, but talk about what I heard and what I under a heavy burden of taxation and they are kind of a Band-Aid solution. shared about the tax relief package an intrusive Tax Code and tax system. We have one the Senate passed before that we passed in the Senate and the There are many provisions in the tax the August recess. conference that was agreed upon with relief package. I want to address two Eliminating the death tax is some- the House. I think it is responsible and that are particularly compelling. One thing we can do that will permanently provides much-needed relief for the is the marriage penalty tax. benefit agriculture and farmers in this American taxpayer. Approximately 42 million American country. Only a fraction of 1 percent of I think that is the first thing we have couples, including 6 million senior citi- small businesses make it through to to realize—how much there is a need zens, must pay an average of $1,400 four generations. Just as the family for tax relief. People say, well, the extra in taxes for simply being mar- farm, which is, in effect, a small busi- economy is booming; we are doing fine; ried. The marriage penalty punishes in ness, other small businesses are also people are fine; no one really wants a two ways. It pushes married couples having a difficult time surviving and tax cut. I think the reality is far dif- into a higher tax bracket, and it lowers certainly being passed on to future ferent. couples’ standard deduction. So two generations. Under the Clinton administration, married income earners with combined Consider the case of Clarence who taxes have risen to the highest level in income must pay their income tax at a owns a farming and lumber business in peacetime history—almost 21 percent higher rate with a lower deduction North Carolina. He provides jobs to 720 of the gross domestic product. When than they would if they were two sin- people in his community through three you compare that to the 1950s and the gle people. It is unfair. It is wrong. small farms, a fertilizer and tobacco Eisenhower years, the tax burden upon Most Americans are absolutely per- warehouse, and a small lumber mill. the American people measured—there plexed why such a quirk in the Tax His family has worked hard for four are lots of ways of measuring ‘‘tax bur- Code would be allowed to continue. generations to build this business to den,’’ but one of the most helpful, I Keep in mind, it is not a one-time what it is today. All of that may well think, is in terms of the gross domestic penalty. Under our tax system, mar- be lost when Clarence dies and his fam- product. At that time, it was about 15 riage is not a freeway; it is a toll road. ily is faced with a huge Government percent of GDP; it is now 21 percent of For 10 years of marriage, couples must death tax bill. Clarence has worked GDP. And it took that last leap when pay an average of $14,000 extra; for 20 hard to try to reduce the burden of the Congress passed and the President years, couples must pay $28,000 extra. death tax. He slowed the growth of his signed the 1993 tax hike. The tax relief package that passed business. He has hired lawyers. He has When we are talking in terms of the would finally achieve equity and fair- purchased life insurance. He has estab- tax relief package, the $792 billion—and ness by eliminating the marriage tax lished trusts—all with the hope that he for a farm boy from north Arkansas penalty. could create a plan to enable his chil- that is a lot of money, $792 billion—it The other aspect of the tax relief dren to keep the family business when is over 10 years, and when you realize package we passed that I think is espe- he dies. All of that work and planning that what we are doing is rolling back cially helpful and important and about still may not be enough. the tax burden on the American people which people feel strongly in Arkansas Clarence figures that his son will owe by a grand total of 1 percentage point is the death tax. Small business owners the Federal Government about $1.5 mil- of GDP; we would take it from about 21 and farmers can lose their lives and all lion upon his death, an impossible percent to about 20 percent, there is they have saved for their children be- amount to pay for a man who makes nothing draconian—an overused word cause of death taxes. Since the value of only $31,000 a year. His son will almost these days—there is nothing irrespon- a business is added to the estate and certainly have to sell all or part of the sible about the tax relief package that taxed after exemption, sometimes as business in order to pay the con- was passed by the House and Senate. high as 55 percent, many small busi- sequences of the death tax. Over four According to the Office of Manage- nesses and farms must be sold in order generations, Clarence’s family busi- ment and Budget, total Federal re- to pay the death tax. It is wrong. Just nesses have been whittled down to a ceipts amounted to 19.9 percent of GDP as the marriage penalty, it is some- sliver of what they once were. in 1998 and will be 20.1 percent of GDP thing we should not allow, it is some- Then consider the case of Mr. in 1999. thing we should not tolerate, and it is Kennard, whose spirit of free enterprise Now, in Arkansas, that amounts to something we have the ability and ca- is being stifled by the death tax. He about $7,352 in taxes per capita, in 1998. pacity to change this year. It is a form owns a small septic tank company in In a State such as Connecticut, it is of double taxation. The most obvious Virginia. He began his business in 1963. about twice that; $15,525 was paid in inequity is the death tax. Today, he employs 15 people, including taxes for every man, woman, and child It also doesn’t make a lot of sense. It his son and daughter who have worked in Connecticut. It was Ben Franklin taxes investment and savings. It taxes with him since they were teenagers. who said a penny saved is a penny the American dream. Part of the Amer- His son runs one of the businesses and earned. I think maybe we could adjust ican dream is, if you work hard and takes home about $30,000 a year, hardly that motto and say: A dollar earned is save and invest well and are able to ac- enough to pay the $2 million bill the 38 cents spent by the Federal Govern- cumulate something in life, you will be Government will hand him when his fa- ment. The typical American family able to pass that on to your children ther dies. sees 38 percent of its income paid in and your grandchildren so they can Death should not be a taxable experi- taxes, as opposed to 28 percent of its in- start their lives with better prospects ence. In order to reduce the estate tax,

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10745 Mr. Kennard has stopped expanding his by previous Congresses by dipping in who believe we have to keep that businesses and is considering transfer- and using those revenues which are money up here because we have to re- ring shares of his business to his chil- designated and should be designated for serve it on the table for more spending dren now rather than wait until his Social Security only. programs because, truly, wisdom is death. He would like to invest in insur- Then there is, perhaps, one of the found here inside the beltway, we re- ance and put some of his money back greatest myths of all; that is, the tax ject that. I reject that. into the business, but it doesn’t make relief bill will primarily benefit the I ask my colleagues to request of the sense when his family will have to pay wealthy. This tax relief package would President his reconsideration of what exorbitant taxes on any new apprecia- provide broad-based tax relief. It cuts is desperately needed for the American tion. In fact, Mr. Kennard may have to every bracket 1 percent. That is not people—lowering that tax burden from liquidate one or two of his businesses much. But it cuts across the board of 21 percent to 20 percent. There is noth- in order to pay the death tax on the re- tax brackets by 1 percent. It doesn’t ing too dramatic nor too drastic about maining businesses. take somebody trained in math to fig- it, but it is a small step in providing The tax refund bill would provide re- ure out that if you are in the 15-per- the American people the tax relief they lief by lowering the 5-percent surtax on cent tax bracket and you lower it from deserve and they desire. estates and replace the unified credit 15 to 14 percent, it is a much bigger I thank the Chair. with the unified exemption of $1.5 mil- personal tax cut than for somebody I thank Senator THOMAS for pro- lion. We would ultimately be rid of the who is in a lower tax bracket who also viding this time and this opportunity death tax altogether. It is something sees only a 1-percent reduction in to discuss what we have done in the we should do. It is something we have taxes. area of tax relief. within our power to do. We have passed The fact is that this tax relief pack- I yield the floor. it. We will send it to the President. It age benefits low-income earners in the Mr. THOMAS. Mr. President, I think is our hope, still, that the President lowest tax bracket more than any the Senator from Arkansas stated very will change his mind and not veto this other taxable group. We not only lower clearly the strong feeling that I have very important legislation. the rate, we expand the bracket to in- received from folks in Wyoming. As I There are many other important pro- clude yet more hard-working Ameri- went around as well, when I first visions in the bill as well. People say: cans. talked about tax relief, people kind of Why spend your time on tax relief In a State such as Arkansas, where rolled their eyes. But when you start when the President said he is going to we have one of the lowest per capita in- talking about the specifics of it—estate veto it? Because it is important, be- comes, lowering the tax by even 1 per- taxes and marriage penalty taxes— cause it is the right thing to do, be- cent for the lowest tax bracket has a when you talk about the kinds of cause our responsibility to our con- significant benefit for hard-working things that are there to encourage re- stituents is not what the President Arkansans and hard-working Ameri- tirement funding and educational fund- may or may not do. I recall well my cans. ing, you really get a great deal more early years in the House when we One of the other myths I heard while interest in it. passed welfare reform and had to send I was traveling across Arkansas was I think the Senator pointed out it to the President not once, not twice, that there was concern that somehow clearly the real philosophical dif- but three times, before the President these surpluses might not become re- ference. If the money is here, it will be finally decided the American people ality. Conservative Arkansans who spent for increased government and in- wanted welfare reform. He signed an look at the Congressional Budget Of- creased programs rather than going important piece of reform legislation fice projections a decade out, I think, back to the people who really own the that has transformed welfare in this are right to say: What happens if, in money. country and cut the rolls in half in fact, the surpluses don’t become re- I thank the Senator. State after State, including my home ality? Are you going to give all of this f State of Arkansas. back in tax cuts? And are we going to I hope the President will reconsider, go back up in deficit spending? PRIVILEGE OF THE FLOOR and I hope the American people will let I was glad to be able to report that Mr. THOMAS. Mr. President, I ask us and the administration know how there was an important provision in- unanimous consent that privilege of important tax relief is. When they un- cluding a trigger—maybe it is better to the floor be granted to David Stewart, derstand what is in it, they do support call it a safety valve—that ensures an intern in my office, during the it. In 27 counties in Arkansas, I did that if the surpluses do not become re- course of morning business. hear some concerns, primarily because ality, the tax cuts don’t kick in. They The PRESIDING OFFICER. Without of the myths that have been per- don’t become reality either. That, I objection, it is so ordered. petrated about this tax relief bill. think, is the ultimate fallback to en- Mr. THOMAS. Mr. President, I yield One of the concerns was the myth sure that we don’t return to the big to the Senator from Iowa 10 minutes. that this tax relief bill somehow trades spending, red-ink, deficit spending The PRESIDING OFFICER. The dis- debt reduction for tax cuts. The fact is, ways of the past. tinguished Senator from Iowa is recog- the budget and the tax relief bill we The bottom line is that in Arkansas nized. passed will reduce public debt by 60 683,741 people would have tax reduc- Mr. GRASSLEY. Mr. President, I percent and achieve over $200 billion tions under this bill. That is, 750 mil- thank the Senator from Wyoming for more in public debt reduction than the lion Americans would see their tax yielding. President’s plan over the next 10 years. bills reduced. It is not something tar- Even though I am not going to speak It is not a matter of either/or. It is not geted for the wealthy, but it is some- on the issue of taxes, I just heard the a matter of whether you are going to thing that would benefit every tax- remarks by the Senator from Arkan- have debt reduction or we are going to paying American. sas. Obviously, voting for that bill was have tax relief. We can and should have Opponents of tax relief insist that difficult. I agree with the statements both. money must be left on the table in the and plead with the President to sign Another one of the myths people are name of debt reduction. The reality is the bill and give the people back some concerned about, and understandably that if you leave it on the table in of the money or let them keep the concerned, is that somehow, if you pass Washington, it will be spent. money rather than running it through a meaningful tax relief bill, as we did, Therein is the great divide philo- Washington. We are overtaxing the it is going to erode and eat into the So- sophically between those who believe people at the highest level of taxation cial Security surplus. In fact, that is the American people can better decide in the history of our country. nothing but a myth. We would lockbox and determine how they ought to spend f Social Security. We would not touch what they have earned and what they any of the Social Security surpluses, have worked for than people in Wash- NURSING HOME INDUSTRY and we shouldn’t. We should not per- ington, DC—Government officials and Mr. GRASSLEY. Mr. President, I petrate the wrong that has been done bureaucrats in Washington. For those chair the Committee on Aging. We

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10746 CONGRESSIONAL RECORD — SENATE September 13, 1999 have been holding some hearings about General Accounting Office found just rural health care, which is very impor- the nursing home industry over the the opposite. There was adequate infor- tant to my State, as it is for the State last several months. I would like to mation for an objective assessment for of the Presiding Officer. make a comment. 8 of the 10 industry examples. In each I am pleased to have the Senator First of all, I would like to speak of those 8 cases, the General Account- from Maine, Ms. COLLINS, join us this about credibility. It is similar to an old ing Office found that regulators acted morning for some comments on our fu- maple tree. It takes years to develop, appropriately. ture activities. I yield 15 minutes to but a big storm can wipe it out just I am not going to go through all the Senator from Maine. like that. I have a story that makes eight examples, but I will use three. I The PRESIDING OFFICER. The dis- the point. think they show that there is a big dif- tinguished Senator from Maine is rec- The nursing home industry chal- ference in what the industry presented ognized. lenged the credibility of nursing home and what the General Accounting Of- Ms. COLLINS. Mr. President, I want inspectors. The nursing home industry, fice found; in other words, the indus- also to join in the Senator’s praise of after this challenge, lost. try’s accusations that the inspection Senator GRASSLEY for his leadership on When I refer to the nursing home in- system was a bureaucratic thing out of many of the issues affecting senior dustry, I mean the American Health control and that it was based upon just citizens and rural health care in Amer- Care Association. This group rep- technicalities was wrong. ica. resents the for-profit nursing homes. It Example No. 1: The industry com- has thousands of members across the plained that a Michigan nursing home f country. was severely punished for providing MEDICARE Nursing home inspectors operate in complimentary coffee to family mem- every State. They inspect every nurs- bers, staff, and residents. The General Ms. COLLINS. Mr. President, Senate ing home that accepts Federal money. Accounting Office said that the nursing Republicans are committed to enacting The inspectors gauge whether nursing home inspectors saw two vulnerable legislation to preserve, strengthen, and homes follow the Federal laws that residents pulling at the spigot of the save the Medicare system for current were passed to protect nursing home hot coffee urn. The inspectors believed and future generations. The Republican residents. They evaluate everything that the residents were in immediate congressional budget plan has set aside from the most severe problems to the danger of suffering serious burns from $505 billion over the next 10 years spe- most minor problems. The most severe the coffee. Of course, with this, the cifically to address domestic issues problems include malnutrition, dehy- General Accounting Office agreed. such as Medicare. Moreover, $90 billion dration, bedsores, inadequate medical Example No. 2: The industry com- of this amount has been set aside in a treatment—matters that can be life- plained that a California nursing home reserve fund that is dedicated exclu- threatening. The most minor problems was cited for bed sores on a resident’s sively to strengthening Medicare’s fi- might include things such as com- foot that predated his admission, and nancing and modernizing its benefits, fortable lighting and access to sta- in fact the bed sores were healing. The including the provision of coverage for tionery. General Accounting Office said the in- prescription drugs. Prescription drugs At my request, the General Account- are as important to our senior citizens’ ing Office has issued a series of reports spector found conditions that actually had worsened the bed sores. The resi- health today as the hospital bed was documenting severe problems in too back in 1965 when the Medicare pro- many nursing homes, thus pointing up dent was wearing leather shoes when in a wheelchair. His feet were not ele- gram was first created. Medicare clear- the shortcomings of the inspection. ly should be restructured to reflect On March 18, when I released one of vated when in bed. His bedsore these changing priorities. these reports, the American Health dressings were changed without proper The money to address this challenge Care Association issued a critical news techniques to prevent infection. There has been set prudently aside as part of release. The association said: again, the example given by the nurs- ing home association was wrong. the Republican budget. We have the re- Inspectors have closed down facilities, sources, we have the determination, without consulting residents and their fami- Example No. 3: The industry claimed lies, for technical violations posing no jeop- that an Alabama nursing home was and we have the will to address this ardy to residents. cited for a bald kitchen worker who critical issue. Now it is up to Congress The association also said: failed to wear a hair net. The GAO re- to come up with the plan, which I hope Unfortunately, the current Federal inspec- ported that the industry did not iden- our colleagues on the other side of the tion system has all the trademarks of a bu- tify the nursing home involved nor pro- aisle will help us devise. We need to reaucratic government program out of con- vide any documentation; therefore, the strengthen and modernize this criti- trol. General Accounting Office could not cally important program to meet the These, of course, were very serious assess what had happened. health care needs of elderly and dis- charges made by the association of I could go on in more detail from the abled Americans into the 21st century. nursing homes, and I took those General Accounting Office report. I In addition to addressing the long- charges very seriously. The Federal in- have that report here, and I would like term structural issues facing Medicare, spection system is responsible for the to point out to my colleagues that they it is essential that Congress also take welfare of 1.6 million nursing home should look at it, read it. Hopefully, action this year to address some of the residents. If that system fails, these everyone is interested and they will do unintended consequences of the Bal- frail individuals will bear the brunt. so. It tells a valuable cautionary tale. anced Budget Act of 1997, as well as That is something that should concern Members of Congress, as I felt a respon- regulatory overkill by the Clinton ad- every one of us in the Senate. sibility to do, should always seek out ministration, which is jeopardizing ac- Following up, I asked the American both sides of every story. Industry as- cess to critically important home Health Care Association for proof of its sociations work hard to seek our agree- health care services for millions of sen- claims issued in that news release crit- ment with their side and, of course, in ior citizens. ical of what the General Accounting our system of government, and wheth- The growth in Medicare spending has Office had to say at my behest to study er individual, or an association of indi- slowed dramatically, and that is due, the issue. On May 6, I received an infor- viduals, that is their right. But it is in part, to the reforms that were en- mation packet from the American our obligation as representatives of the acted as part of the Balanced Budget Health Care Association describing 10 people to weigh every issue with all the Act of 1997. While it was Congress’ in- examples that the association saw as facts at hand. It is equally our obliga- tent in enacting this legislation to proof of overzealous regulations. I tion to consider the credibility of every slow the rate of growth, it has become turned this information over to the source. increasingly clear that the payment General Accounting Office and asked I yield the floor and reserve the re- policies implemented by the Clinton for its analysis. mainder of time for Senator THOMAS. administration as a consequence of the The GAO did not find evidence of Mr. THOMAS. I thank the Senator. Balanced Budget Act have gone too far overzealous regulation. In fact, the Certainly, he has been the leader in and that the cutbacks have been far

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10747 too deep, jeopardizing our seniors’ ac- struggling under a flawed IPS system, ceived requirements for surety bonds cess to critical hospital, skilled nurs- the interim payment system, for far and sequential billing. No sooner had ing, and home health care. longer than Congress ever envisioned HCFA imposed the cost burden of a Nowhere is this problem more serious when it enacted the Balanced Budget specific mandate on America’s home than in home health care. America’s Act of 1997. health agencies, than it then had sec- home health agencies provide services Moreover, it now appears the savings ond thoughts and suspended the re- that have enabled a growing number of from the Balanced Budget Act were quirements—but only after damage had our most frail and vulnerable senior greatly underestimated. Medicare been done, only after our home health citizens to avoid hospitals, to avoid spending for home health care fell by agencies had invested significant time nursing homes, and to receive the care nearly 15 percent last year and the CBO and resources they do not have, trying they need and want in the security and now projects that the post-Balanced to comply with this regulatory over- privacy of their homes, just where they Budget Act reductions in home health kill. want to be. care will exceed $46 billion over the Responding to the excessive regula- I have visited with home health next 5 years. This is three times great- tion of the Clinton administration, as nurses in Maine who have taken me on er than the $16 billion that CBO origi- well as the problems in the Balanced home health visits. I know firsthand nally estimated for that time period. Budget Act of 1997, my colleague from how vital these important health care That is another indication that the Missouri, Senator BOND, and I have to- services are to our frail seniors. I know cutbacks have been far too deep, far gether introduced legislation titled, of couples who have been able to stay too severe, and much more wide-reach- ‘‘The Medicare Home Health Equity together in their own home solely be- ing than Congress ever intended. Act,’’ which is cosponsored, I am cause of the services provided by our Again, the flaws in the Balanced pleased to say, by a bipartisan group of home health agencies. In 1996, home Budget Act have been exacerbated by 26 of our colleagues. It makes needed health was the fastest growing compo- regulatory decisions made by this ad- adjustments in the Balanced Budget nent of the Medicare budget. That, un- ministration. Earlier this year, I Act and related Federal regulations to derstandably, prompted Congress and chaired a hearing held by the Perma- ensure that our senior citizens have ac- the Clinton administration to initiate nent Subcommittee on Investigations. cess to necessary home health services. changes that were intended to make We heard firsthand about the financial One of the ironies of the formula en- the program more cost-effective and ef- distress and cash-flow problems of very acted in the Balanced Budget Act is ficient. good, cost-effective, home health agen- that it penalizes the low-cost nonprofit There was strong bipartisan support cies from across the country. We heard agencies that had been doing a good job for the provisions in the BBA that about the impact of these cutbacks on of holding down their expenses. The called for the implementation of a pro- our senior citizens. Witnesses expressed program needs to be entirely revamped. The most important provision of our spective payment system for home concern that the problems in the sys- bill eliminates the automatic 15-per- care. Unfortunately, until this system tem are inhibiting their ability to de- cent reduction in Medicare home is implemented, home health agencies liver much needed care, particularly to health payments that is now scheduled are being paid under a very flawed in- chronically ill patients with complex for October 1 of next year, whether or terim payment system, or IPS. needs. Some agencies have actually not a prospective payment system is In trying to get a handle on cost, closed because the reimbursement lev- enacted. I am not overstating the situ- Congress and the administration cre- els under Medicare have fallen far ation when I say that if another 15-per- ated a system that penalizes efficient short of their actual operating costs. cent cut is imposed on America’s home agencies and that may be restricting Many others in Maine and throughout health agencies, it would be a disaster. access to care for the very Medicare the Nation are laying off staff or de- It would threaten our ability to pro- beneficiaries who need the care the clining to accept new patients, particu- vide these services to millions of senior most. These include our sicker patients larly those with the more serious citizens throughout this country. with complex chronic care needs, like health problems that require more care A further 15-percent cut would be diabetic wound care patients, or IV- and more visits. devastating. It would destroy the low- therapy patients who require multiple This points to the most critical and cost, cost-effective providers, and it visits. central issue: Cuts of this magnitude would further reduce our seniors’ ac- According to a recent survey by the simply cannot be sustained without ul- cess to home health care. Furthermore, Medicare Payment Advisory Commis- timately affecting the care that we as I mentioned earlier, it is entirely sion, almost 40 percent of home health provide to our senior citizens. More- unnecessary because we have already agencies indicated that there were pa- over, the financial problems that home achieved the budget savings that were tients whom they previously would health agencies have been experiencing anticipated in the Balanced Budget Act have accepted for care, whom they no have been exacerbated by a host of on- of 1997. We have not only exceeded longer serve due to this flawed interim erous, burdensome, and ill-conceived them, we have exceeded them by a fac- payment system and the regulatory new regulatory requirements imposed tor of three. overkill of the Clinton administration. by the Clinton administration through Our legislation also provides for what Thirty-one percent of these agencies HCFA, including the implementation we call supplemental ‘‘outlier’’ pay- admitted they had actually discharged of what is known as OASIS, the new ments to home health agencies on a pa- patients due to the inadequate pay- outcome and assessment information tient-by-patient basis. This is needed ment system. The discharged patients data set; new requirements for surety because there are some patients who tend to be those with chronic care bonds; sequential billing requirements; are expensive to care for because they needs who require a large number of IPS overpayment recoupment; and a have complex and chronic health con- visits and are expensive to serve. In- new 15-minute increment home health ditions that need a great deal of care. deed, they are the very people who reporting requirement requiring nurses We heed to have a formula that recog- most need home health services. to act as if they were accountants or nizes that there are certain higher cost I know that Congress simply did not lawyers, billing every 15 minutes of patients who are higher cost in a legiti- intend to construct a payment system their time. mate sense. It is still far cheaper to that inevitably discourages home Witnesses at our hearing before the treat those patients through home health agencies from caring for those Permanent Subcommittee on Inves- health care than in a nursing home or senior citizens who need the service the tigations expressed particular frustra- hospital setting. most. These problems are all the more tion with what the CEO from the Vis- The provision in our bill removes the pressing because they have been exac- iting Nurse Service in Saco, ME, existing financial disincentive for erbated by the failure of the Clinton Maryanna Arsenault, termed as the agencies to care for patients with in- administration to meet the original Clinton administration’s regulatory tensive medical needs. We know from deadline for implementing a prospec- policy of ‘‘implement and suspend.’’ the recent studies from GAO and the tive payment system. As a result, She and others pointed to numerous Medicare Payment Advisory Commis- home health care agencies will be examples of hastily enacted, ill-con- sion that those are the individuals who

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10748 CONGRESSIONAL RECORD — SENATE September 13, 1999 are most at risk right now of losing ac- It is incumbent on the Congress of over that 10-year plan we are sending cess to home health services under the the United States to engage in some to the President. First, we protect So- current interim payment system. planning, to take a look at the future cial Security. Second, we pay the debt To decrease total costs in order to re- and find out exactly where we ought to down by 50 percent. main under their per-beneficiary lim- be going and how we ought to get No. 3, as the chairman of the Budget its, too many home health agencies there, and the things that are impor- Committee, Senator DOMENICI, has in- have had to significantly reduce the tant and what we ought to do to pro- dicated, we put aside about $505 billion number of visits, which in turn has in- tect our interests. It is with that in for contingencies over the next 10 creased the cost of each visit. We need mind that we, the Members of the Con- years, things we might want to spend to deal with the regulatory issues that gress, are delivering to the President a money on over and above what we are I have mentioned, including OASIS, financial plan for the next decade. He spending now. So not only do we have surety bonds, sequential billing, and will have an opportunity to act on that a reservation of $1.9 trillion for Social the 15-minute incremental reporting plan this week. That plan has been Security, not only do we cut the pub- requirement. Our legislation accom- talked about, the tax relief contained licly held debt of this country in half, plishes these goals. in the plan, but it has not been spoken but we also reserve a half trillion dol- The Medicare Home Health Equity of very generously in terms of the lars for expenditures we are not now Act of 1999 will provide a measure of fi- other major features of this financial making. nancial and regulatory relief to belea- plan for America for the next 10 years. It is only in the context of these guered home health agencies in order I think we can only understand the three items—the saving of the Social to ensure that our senior citizens have plan by looking at it as a whole, under- Security surplus for Social Security; access to medically necessary home standing what we are doing to protect reducing the national debt, the pub- health services. the interests of this country in the licly held debt of America, by 50 per- It has been a pleasure to work with years ahead. cent; putting aside a half trillion dol- the Senate majority leader, Senator The first thing I think people want lars for contingencies—that we under- LOTT, as well as Senator ABRAHAM, us to start to do is to be more respon- stand what the tax relief is all about. Senator SANTORUM, Senator BOND, and sible in the way we in Washington han- The tax relief is what is left over. others who have been real leaders in dle their money. One of the areas of ir- Americans earn the money. We trust this effort to come up with a solution responsibility in the past has been the Americans to earn this money; we to this very pressing problem. My hope Social Security trust fund. When there should trust them to spend it. The is that we will make reforming the has been a little bit more in the trust question is whether we are going to payment system for Medicare home fund—or a lot more in the trust fund— fund families or bureaucracies. health services a top priority this fall. than was needed for that particular We got the President to agree with us I yield back the remainder of my year, Members of the House and Senate on saving Social Security to the extent time to the Senator from Wyoming. have been a part of budgeting that of putting $1.9 trillion aside, and I com- Mr. THOMAS. I thank the Senator money for expenditures not related to mend him for getting there. He wasn’t from Maine, not only because of the Social Security, to support the oper- there in his State of the Union Mes- good job she does all across the board ational costs of Government. sage. I commend the President for but particularly on this matter of Americans are duly concerned be- being willing to pay down the national health care, rural health care. As co- cause they know the reason there is a debt. But the President, after that, chairman of the Rural Health Care surplus in the Social Security trust wants to spend so much more of what Caucus, I am particularly interested in fund is that big bulge of us baby is left over on more Government pro- those kinds of things. For example, in boomers are paying in, but they know grams. Wyoming, home health care is so im- when this big bulge of baby boomers Frankly, we ought to be giving a tax portant and sometimes quite expen- starts to consume instead of contribute relief package, 1 percent, to every sive, particularly because of the to the trust fund, we are going to need bracket. We ought to be doing away amount of miles that have to be trav- the surplus. So the first thing we have with the marriage penalty tax. We eled. But for the patient, and because done in our financial plan for the fu- ought to allow parents and grand- of the cost, home health care is the ture is to put an end to that. We are parents to invest money so their kids right way to go. going to stop the practice of spending can have money for education, and the I now yield to the Senator from Mis- the trust fund. So the financial plan growth of that money can have a tax souri to talk a little more about the fu- which will go to the President this preferred status. We ought to allow ture and our plans with respect to week says $1.9 trillion—trillion being a people to buy health care in a more tax taxes. thousand billions and a billion being a beneficial way, especially the self-em- The PRESIDING OFFICER. The dis- thousand millions; I mean, it is almost ployed who do not get it on their jobs. tinguished Senator from Missouri is impossible to think of it that way—$1.9 It is with that in mind I think this recognized. trillion is going to be reserved for So- package is delivered to the President Mr. ASHCROFT. Mr. President, I cial Security, a major step forward. to say this is a comprehensive financial commend the Senator from Maine for Americans have a right to expect us to plan for the future. The tax relief only her sensitivity to a crisis which is plan to do that and we are doing it. amounts to 23.8 percent of the total looming in American health care and That is a big part of the financial plan surplus as we have defined surpluses that she is willing to constructively for the future. historically because we have been so deal with that crisis. I thank her for No. 2, people say over time most fam- responsible as to set that Social Secu- her thoughts on this matter and for her ilies, most organizations want to re- rity surplus aside. It is not part of cosponsorship of important legislation. duce their debt; they would like to get what we will spend. And we start to f their debt down to manageable levels. knock down the national debt, take Most of us take 30 years to pay off a down the publicly held debt of the TAX RELIEF home. We have decided to start paying country 50 percent in the next 10 years Mr. ASHCROFT. Mr. President, as we down the national debt. In a part of the and set aside a half trillion dollars for look to the future, most of us, in our plan which I think is very important, contingencies, and then work on abol- families, in our businesses, in our civic we are taking the publicly held debt of ishing the marriage penalty and tax, organizations, in our churches, like to the United States of America from $3.8 saving for education and expanded deal with some sort of plan. As a mat- trillion down to $1.9 trillion, a 50-per- IRAs, and knocking every tax rate ter of fact, there is a lot of buzz or talk cent decline in the national debt held down by 1 percent—a 1-percent decline these days about financial planning, by the public of the United States of for folks at the top brackets and a 1- making sure we have the capacity to America. What a tremendous decline in percent decline for folks at the bottom meet the demands of the future when debt. As part of a rational plan, the brackets. they come to us and when they fall debt to the gross domestic product It seems to me that is the kind of upon us. ratio goes from 43 percent to 14 percent plan upon which a nation can march

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10749 forward. I call upon the President of or have some continuing resolutions On the other hand, we can find, I am the United States to reevaluate his po- that will put us into the future or, in sure, agreement in the appropriations sition. He has expressed real doubts, se- fact, we are faced with the possibility areas, and we can move forward with rious reservations about this. Seeing it of the President vetoing the legislation that. in the context of a financial plan for and of having the Government shut Mr. President, our time has expired. I the future of the United States is to down, as happened in the past. I hope see there is a Senator on the other side see it as a roadmap to opportunity and this will not be the case. of the isle, so I yield back my time. success and prosperity. I noticed in the paper the other day The PRESIDING OFFICER (Mr. I close with this. Because we had the the President has indicated he would KYL). Under the previous order, the two biggest tax increases in history in like nothing better than a bipartisan time until 2 p.m. shall be controlled by this decade, Americans have paid in far compromise. Hopefully, that is what the Senator from Illinois, Mr. DURBIN, more money than we are going to need. will happen. Yet he has suggested ‘‘if or his designee. It is like going to the grocery store and only the Republicans could be a little The Senator from Minnesota. you hand the man a $10 bill for a $2.45 more reasonable.’’ I am not sure that is Mr. WELLSTONE. I thank the Chair. gallon of milk. You expect change. You necessarily a part of it. Probably his Mr. President, I say to my colleague expect to get something back when you White House aides are happy about this from Wyoming, I did not hear all of his pay more than is needed for what you partisan combat because, as we know, remarks, but I always appreciate what have ordered. You would not think the last time the Government was shut he has to say, agree or disagree. much of the grocer who said: I’m going down, the Congress shouldered all the f to give you two more gallons of milk responsibility. I do not believe that ECONOMIC CONVULSION IN and a pound of bacon, whether you ought to be the case, and hopefully it AGRICULTURE need it or not. That is what has hap- will not be this year. We are looking pened. The President said we have the forward to working in those areas. Mr. WELLSTONE. Mr. President, I Government covered, the costs are cov- In terms of Social Security, there are will not speak for a long time about ered, but they have overpaid. Now we some changes that need to be made. We the economic convulsion in agri- are going to give them a whole bunch are talking about saving Social Secu- culture. I think my colleague sees more Government, whether they have rity. We ought to do that. We are com- some of this in Wyoming as well. I said ordered it or not. mitted to doing that. The method of last week I was going to come to the I think we need a little change. doing it currently, of course, is to put floor and talk about what is happening Americans deserve some tax relief, and the Social Security surplus in to re- to family farmers in Minnesota and I am pleased to have had this oppor- place the publicly held debt. The fact around the country. I want to speak tunity to present this financial plan is, it then becomes debt that has to be about this briefly today and announce which the President should sign. covered by the taxpayers when the a bill that I will be introducing. I also I yield the floor. time comes to use it. want to say to my colleagues, as I see Mr. THOMAS. Mr. President, I think We also are looking at a change in us moving forward over the next couple we have used the time that has been al- the Social Security Act which responds of days this week, that I do intend to located. I ask unanimous consent for to what is happening with Social Secu- be back on the floor with amendments an additional 10 minutes. Since I am rity. The demographics are changing. that relate to how we can get a decent the only one present, the chances are When Social Security started, there price for family farmers and how we probably pretty good. were 34 people working for every 1 ben- can get some competition and how we The PRESIDING OFFICER. Without eficiary. People paid about $30 a year can put some free enterprise back into objection, it is so ordered. into the program. Now there are three the food industry. f people working for every beneficiary, I am also prepared—and I am sure and it is moving toward two. They are other Senators would feel the same A BUDGET AGREEMENT paying 12.5 percent of up to nearly way if they came from an agricultural Mr. THOMAS. Mr. President, I am $80,000 into this fund. State—I am also prepared, starting very pleased my associates could come The fact is, over a period of time, this week and every week, to spend a over this morning and talk about some probably in 20 years, there will not be considerable amount of time before the of the programs that are before us, to enough money to continue as we have, Senate talking, not so much in statis- talk about some of the directions we so we have to make some changes. The tical terms but more in personal terms, will be taking. I think there is another choices are very simple ones basically: about what is happening. area, in addition to what has been We can increase taxes. Nobody really I give, by the way, a lot of credit to talked about, that is right before us. wants to do that. The Social Security Willie Nelson and Neil Young and John We are dealing now with spending. We tax is the largest tax paid by almost all Mellencamp for putting together Farm are now in the process of finishing the taxpayers in the lower-income brack- Aid. I had a chance to be there yester- appropriations process. Congress must ets. day morning with my wife Sheila. It adopt 13 different appropriations bills We can reduce benefits. People are was an important gathering. I thank for future spending of the Government not much interested in that. them for bringing some attention to and we are in the process of doing that. The third alternative, of course, is to the crisis in agriculture and what is We also have some budget limita- increase the revenue that comes from happening to family farmers. tions that we have placed on ourselves, the moneys that are in the trust fund. They are not Johnny-come-latelys. some caps that we have to honor. We We are very anxious to do that. It also They have been at this for some time. are dealing also with emergency spend- gives an opportunity to take that There was a rally this morning, a ing. We have talked some now about money when it comes in and put it ‘‘Save the Family Farm’’ coalition the surpluses that have been available. somewhere other than into additional rally, and then the Farmers Union was The surpluses that are available this national debt loans and put it into in- meeting with Secretary Glickman. I year, however, are generally Social Se- dividual accounts that people would know there are hundreds of Farmers curity dollars. But there are $14 billion have as their own, to be invested in the Union members who are going to be in the regular budget and those will, of private sector for a much higher yield. meeting with Republican and Demo- course, be available. Most of those have These are some of the things with cratic Senators. already been set aside as emergency which we grapple. Certainly, we are What everybody is saying right now spending. going to be working with the adminis- is, we have this convulsion in agri- What we have before us is an oppor- tration to see if we can do something culture. When I was a college teacher tunity to continue to work and com- in that respect. I do not think there is in the mid-1980s in Northfield, MN, in plete this matter of funding the budget willingness on this side to trade off tax Rice County, I did a lot of organizing for this year. At the same time, we relief for increased spending. I hope with farmers. I had some friends who must pass it on to the White House. We not, and I do not believe we will do took their lives. I am not being melo- must find some agreement, either that that. dramatic, unfortunately. I was at more

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10750 CONGRESSIONAL RECORD — SENATE September 13, 1999 foreclosures than I ever wanted to be. I history of the Sherman Act and Clay- of data and statistics of what is hap- saw a tremendous amount of economic ton Act goes back to agriculture and pening in Minnesota, backed up with a pain. the concerns of family farmers. lot of personal stories of hard-working What we are experiencing now in ag- What I am saying in this legislation people who have now lost their farms, riculture in this country is far worse. is, obviously, the status quo is not where they not only live but where On present course, we are going to lose, working. These conglomerates have they have also worked. I will have as I said last week, a generation of muscled their way to the dinner table. amendments on legislation, in an effort family farmers. I simply say, in an em- They are pushing family farmers out. to change things for the better. phatic way, the political question for There is no real competition in the If my colleagues have other ideas us is whether we stay the course or food industry any longer. In order for about how to change things for the bet- whether we change course. I do not be- our producers to get a decent price, and ter, great. Then get out on the floor of lieve that any Senator, Democrat or in order to make sure our producers the Senate—this week, next week, the Republican, who comes from a State and family farmers have a future, in following week. Personally, at this like the State of Minnesota and who order to make sure the rural commu- point in time, I am focused on family has been traveling in communities and nities of my State of Minnesota have a farmers in the State of Minnesota. I seeing the pain in people’s eyes and future, we are going to have to take am focused on our rural communities. I seeing people who literally are almost some action. Our action and our legis- am focused on family farmers and rural at the very end, could not take the po- lation ought to be on the side of family communities all across our country. sition that we have to do something farmers. I intend, as a Senator, to do every- different when it comes to agricultural So I intend to introduce this bill thing I can on the floor of the Senate policy. later today. I will also draft this as an to fight for people, everything I know I am not going to be shrill today—or amendment to the bankruptcy bill. I how to do to fight for people. I also am hopefully any other day—but I am tell- also will be on the floor with other going to spend as much time as I can ing my colleagues, the status quo is amendments. Unfortunately, the bank- organizing the farmers because I am unacceptable. It is unacceptable. The ruptcy bill applies all too well to fam- convinced, I say to Senator REID and piece of legislation we passed several ily farmers in my State of Minnesota Senator WYDEN, we are going to need years ago called Freedom to Farm—I and to family farmers all around the farmers and rural people to come and believe it’s really ‘‘Freedom to Fail,’’ country. rock this capital before we get the though others can take a different po- There are other colleagues who want change we need. But we are going to sition—at minimum has to be modi- to speak, so I am going to try to con- keep pushing very hard. An awful lot of fied. If we do not take the cap off the clude in the next 3 or 4 minutes, I say good people’s lives are at stake. loan rate and we do not have some kind to my colleague from Oregon. I will not I think in many ways this is a ques- of target price and we do not do some- take a lot of time because we only have tion that speaks to what America is thing to make sure that farmers have a an hour and others want to speak as about as well. I cannot be silent on it. decent price for what they produce so well. I know of many Senators from other they can get the cash flow to earn a de- But I have had a chance to travel a agricultural States who feel the same cent living, they are going to go under. lot in Minnesota. I have had a chance way. We have to push this on to the Many of them are going under right to spend time in other States—in Iowa, agenda of the Congress, and we have to now as I speak. in Texas, in Missouri. I have met with do it now. The second thing I want to talk a lot of organizers around the coun- f about is a piece of legislation I will try—in the Midwest and in the South— offer this week as an amendment to the and I am telling you that I think rural EAST TIMOR bankruptcy bill. I will have plenty of America has to take a stand. I do not Mr. WELLSTONE. Mr. President, in data. For example, five firms account care whether we use the language of the final 1 minute—and I did not bring for over 80 percent of beef packing mar- modifying legislation or amending leg- any talking points; I do not have it ket. That is a higher concentration islation. written now—I would like to thank the than the FTC found in 1918 leading up I personally thought the Freedom to President. I was critical of the Presi- to enactment of the Packers and Farm was really ‘‘Freedom to Fail’’ dent last week about East Timor, but I Stockyards Act. Six firms account for from the word ‘‘go.’’ Others can have think we ought to give credit where 75 percent of pork packing. Now we different opinions. But for sure, time is credit is due. have a situation where Smithfield not on the side of family farmers. A lot I am glad he spoke out. I am glad he wants to buy out Murphy. And the of people in Minnesota, a lot of farmers put pressure on the Indonesian Govern- largest four grain buyers control near- are 45, 50 years old. They are burning ment. I know there are a number of im- ly 40 percent of the elevator facilities. their equity up. They look at me hard, portant questions to resolve about the The legislation I am going to intro- and they say: Look, Paul, do we basi- nature of whatever kind of peace- duce—I am now waiting for the final cally take everything we have and try keeping force goes in, but the sooner draft from legislative counsel—will im- to keep this farm going? We will. We the better because this has been geno- pose a moratorium on mergers, acquisi- want to. It has been in our family for cide. An awful lot of people have had tions, and marketing agreements four generations. We love farming. But the courage to stand up against the re- among dealers, processors, commission if there is no future for us, tell us now. pressive government, or in this par- merchants, brokers, or operators of a I do not want to tell family farmers ticular case, stand up for the independ- warehouse of agricultural commodities in Minnesota there is no future for ence of East Timor, that have been with annual net sales or total assets of them. I do not want to tell our rural murdered. The sooner we get an inter- more than $50 million. The moratorium communities there is no future for national presence, an international would last for 1 year, or until Congress them. I do not want to tell our country force in there, the better. enacts legislation that addresses the that a few conglomerates are going to I think the President was forceful problems of concentration of agri- own all the land. Then what will the this past weekend and should continue culture, whichever comes first. I think price be, and what will be the quality to be forceful. We should not let the In- Senator DORGAN is working on a simi- of the food? Will there be an agri- donesian Government delay. The soon- lar piece of legislation. I am sure there culture that respects the air and the er we get a force in there to protect are other Senators who are going to be land and the water and the environ- people, and to follow through on the talking about this. ment? I think not. mandate of the people—which was Going back to the Sherman Act or I do not think our country is yet en- something the United Nations spon- the Clayton Act, or Senator Estes gaged. I hope the national media will sored and supported, where the people Kefauver’s work in the 1950s, Congress cover this crisis. And it is a crisis. I voted for their own independence—I has said there was a role for Govern- will be coming to the floor of the Sen- think the better off the world will be ment to protect consumers and also to ate with longer and longer and longer because whenever our Government can protect producers. In fact, a lot of the and longer speeches, backed up by lots be on the side of human rights, then we

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10751 are living up to who we are as a Na- vide just this information—we are not line service. Based on the figures I have tion. calling for a constitutional right to a just obtained for the first 6 months of I thank my colleagues and yield the fluffy pillow on an airline flight but this year, there has been another huge floor. just the information about over- increase, in fact a doubling, in the Mr. WYDEN addressed the Chair. booking—the airline industry simply number of consumer complaints about The PRESIDING OFFICER. The Sen- won’t follow through. The fact is, the passenger service. It is easy to see why, ator from Oregon. industry’s voluntary pledges are gob- when you examine how hedged and Mr. WYDEN. Mr. President, before he bledygook. guarded the airline industry is with re- leaves the floor, I commend the Sen- To determine if there was any sub- spect to actually giving consumers ator from Minnesota for an excellent stance to them at all, I asked the Gen- meaningful and timely information statement. I happen to think those eral Accounting Office and the Con- that will help them make their choices statements reflect his commitment to gressional Research Service to com- about travel. justice, both here at home and over- pare the voluntary pledges made by the For example, let us look briefly at seas. I commend him for an excellent industry to the hidden but actually the pledge to offer the lowest fare statement. binding contractual rights the airline available on airline flights. What this I also, before I begin, thank my col- passengers have that are written into means is if a consumer uses the tele- league, the distinguished whip from what are called contracts of carriage. phone to call an airline and asks about Nevada. I understand he had the time, The General Accounting Office found a specific flight on a specific date in a and he was gracious enough to give me that of the 16 pledges the airline indus- specific class, the airline will tell them this opportunity to speak briefly. I try has made to consumers, only 4 are the lowest fare, as they are already re- thank my good friend from Nevada for actually provided in the contracts of quired to do. But not only will they not the opportunity to speak this after- carriage. Three of them are mandated provide you relevant information about noon. already by Federal regulation, and lower fares on other flights on the f most of them are left out altogether, same airline, they won’t even tell you including informing the customers of about lower fares that are probably CUSTOMER SERVICE PROTECTIONS the lowest fare, informing customers available on their web page. The reason FOR AIRLINE TRAVELERS about delays, cancellations and diver- why is simple: They have got you when Mr. WYDEN. Mr. President and col- sions, returning checked bags within 24 they have you on the telephone, and leagues, for many months now the Na- hours, providing credit card refunds they will sell you the ticket when it is tion’s airlines have been doing their ut- within 7 days, informing the passenger an opportunity to sell it and they can most to prevent the Congress from en- about restrictions on frequent flier make money on it. But when it is a acting meaningful customer service rules, and assigning customer service chance to help the consumer and the protections for airline travelers. The representatives to handle complaints consumer can get a break by knowing airline industry lobbyists have fanned and other problems. about other fares available on the web out across the Nation’s capital telling Moreover, the airlines are not ex- page, there is no disclosure our colleagues that meaningful protec- actly tripping over themselves to re- The purchase of an airline ticket tions for consumers—such as the right write these contracts of carriage, the today in America is like virtually no to timely and accurate information— actual contract that protects the con- other consumer choice. Unlike movie are going to increase the costs for air- sumer. When General Accounting Of- theaters that sell tickets to a movie or line passengers, reduce service, and to fice officials contacted the airlines to a sporting goods store that sells soccer hear them tell it, it is practically going inquire about actually putting teeth balls, the airline industry provides no to bring about the end of Western civ- into pledge language, the officials at 10 real assurance that you will be able to ilization as we know it. of the major airlines said they were use their product as intended. Movie As part of their campaign to prevent ‘‘considering revisions’’ to their con- theaters can’t cancel shows because the enactment of enforceable legisla- tracts of carriage to reflect at least they don’t have enough people for a tion to protect the consumer, the air- some of the customer service plans. show, but airlines cancel flights when line industry has made a host of vol- Even more importantly, if the pas- they don’t have enough passengers. untary pledges to improve passenger senger wants to know what their ac- The sporting goods store can’t lure you service. tual contractual rights are to these in with a pledge to give you that soccer Today, I am releasing two reports, key services, the airlines have made it ball at an attractive price and then very difficult for the consumer to find one done by the General Accounting give you a less desirable product at a out. The Congressional Research Serv- Office and the other done by the Con- greater cost after you get there. But ice points out: gressional Research Service, that show the airline industry can do both of the voluntary pledges made by the air- Frontline airline staff seems uncertain as those things. They can make arbitrary to just what contracts of carriage are. line industry are worth little more cancellations. They can lure you in for The Service found: than the paper on which they are writ- a product and, after they have you, not ten. Even if the consumer knows that they make it available. The fact is, the air- have a right to the information, they must Let me be specific. line industry is insisting they ought to After evaluating the airline indus- accurately identify the relevant provisions of the contract of carriage or take home the be outside the basic laws that protect try’s proposals, it is clear the airline address or phone number, if available, of the consumers in every other economic industry provides passengers rights in airline’s consumer affairs department, send field from coast to coast. three categories: for it, and then wait for the contract of car- I conclude by saying that over the First, rights that they already have; riage to arrive in the mail. next few weeks the Congress is going to second, rights that the airline industry As the Congressional Research Serv- have the chance to right the wrongs is reluctant to write into the legalese ice puts it, with their usual diplomacy spelled out by the Congressional Re- that constitute the contract between and understatement: search Service and the General Ac- the airline and the customer; and fi- The airlines do not appear to go out of counting Office studies that I release nally, their rights that are ignored al- their way to provide easy access to these today. I look forward to working with together. contracts of carriage. my colleagues on a bipartisan basis to For example, among the several I hope my colleagues will read the ac- make sure airline passengers across rights airlines refuse to provide is dis- tual specifics included in the airlines this country get a fair shake. closure about overbooking on flights. If so-called ‘‘customer first’’ pledge. Mr. President, I yield the floor and you call an airline this afternoon and What they will see is a lot of high thank my colleague from Nevada. ask about a particular flight and it is sounding rhetoric about improving Mr. REID. Mr. President, I say to my overbooked, the airline is not required service to the passengers, but the harsh friend from Oregon, I have appreciated to tell you that before they take your reality is, it is business as usual. his presentation. It reminds me of the money. When I and other advocates for Last year, there were an unprece- work he has done since he has been in the consumer have asked them to pro- dented number of complaints about air- Congress. We served together in the

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10752 CONGRESSIONAL RECORD — SENATE September 13, 1999 House of Representatives, and the Sen- sociated, came out with the bad idea measure. It was something that would ator from Oregon was known in the that they wanted to eliminate public give no immediate relief to the Amer- House as being someone who dealt with broadcasting. This group found that ican taxpayer. There was relief in the substance. The same tradition that he they could not do that. So, in effect, outyears. In fact, what it would have established in the House, is being car- they cut back the funding and they are done is prevent us from directing mon- ried over to the Senate, as indicated by strangling public broadcasting to eys toward the debt, and the debt of $5 his remarks dealing with airline travel. death. trillion is something we need to ad- f Mr. President, we need to do the nec- dress. essary things to make public broad- If the national debt were lowered, it COMMERCIALISM OF PUBLIC casting more public in nature. I believe would be a tax cut for everyone, rich BROADCASTING it is time for us to decide whether we and poor. We pay hundreds of millions Mr. REID. Mr. President, I am a want to have a public broadcasting sys- of dollars every year in interest on great fan of public broadcasting. I lis- tem or whether we don’t want to have that debt. If we lower that, it will be ten almost every day to public radio. I one. Either we fund the Corporation for good for everyone. We are not going to am tremendously impressed with pro- Public Broadcasting so they can exist, continue to live in this great economy grams such as ‘‘Prairie Home Com- or we end it. I prefer the former. There- where everything is looking good, for- panion’’ and all the news stories in the fore, when the Subcommittee on Labor, ever. Hard times may lie ahead, and I morning that are extremely in depth. Health and Human Services, and Edu- think we will rue the day we didn’t use With public television, we all recognize cation marks up its bill—and I am a these good times to pay down that the contributions made by the series member of that subcommittee—I plan debt. on the Civil War, which is a classic and to offer an amendment to increase the This massive tax package that was will continue to be in American tele- Corporation for Public Broadcasting passed on a very partisan basis, and vision. The ‘‘MacNeil, Lehrer News appropriation to $475 million. This is then withheld from the American pub- Hour,’’ which is now the ‘‘Lehrer News $125 million more than their request. lic during the August break so there Hour,’’ is the most in-depth news cov- However, I also plan to include report could be a public relations effort to erage that we have any place in Amer- language that would encourage public have the American people accept this ica. There are many other programs on radio and television to scale back their tax cut, never materialized. The Amer- radio and on public television which I so-called enhanced underwriting prac- ican people would not accept it because haven’t mentioned that are quite good tices and to become, once again, a pub- it was not acceptable on its face. They as well. lic broadcasting system that is pub- realized there was no meaningful tax I am struck by the amount of com- licly funded. relief in this package. It was more of a mercials I endure and we all have to As long as the Corporation for Public public relations ploy. The fact is that endure when we listen to public radio Broadcasting is leery of Congress cut- there should have been more attention and watch public television. In my esti- ting their funds or doing away with focused on paying down the debt and mation, it is out of hand. These com- Federal funds altogether, they will protecting Social Security and Medi- mercials are technically called ‘‘en- begin to sound more and more like pri- care. We must pay down the debt. That hanced underwriting.’’ You can call vate broadcasting stations. The people would be a tax cut for everyone. them whatever you want, but they are who run those stations don’t like it. We must protect Social Security. The commercials. You have people, as indicated in the majority touted the Social Security An article appeared a short time ago Post article that I referred to earlier, lockbox in conjunction with the tax in the Washington Post entitled ‘‘Now who are continually talking about how cut. But the Republican lockbox fails a Word About Our Sponsor.’’ Critics difficult it is and how unfair it is. In to extend the solvency in the Social say public radio’s on-air credits come this article, the author cites Bob Security trust fund by a single day, too close to being commercials, and, as Edwards from the NPR Morning Edi- and it includes, in this so-called indicated in that article, they are abso- tion, which is a very fine program for lockbox, a trapdoor, a loophole, that lutely right. People are getting more news in the morning. He says: would allow Republicans to label any- disturbed every day with commer- Underwriting has kept us alive, but there’s thing Social Security reform and to cialism of public broadcasting. also a downside. It has cut into our air time. raid the Social Security trust fund. Fi- I point this out because I am not the If you have to read a 30-second underwriting nally, the Republican lockbox does only one who has noticed the increas- credit [a commercial], that’s less news you nothing to protect Medicare. ing sponsored announcements. Accord- can do. So by proposing targeted tax cuts to- ing to this article, one survey shows a So as I stated, we have to either ward working families, the minority 700-percent increase in corporate fund- make public broadcasting public or do believes our Democratic plan is able to ing over the past 5 or 6 years. It is just away with it. If we continue the road prioritize paying down the debt and not listeners who are noticing the we are going on, we are going to wind protecting Social Security and Medi- change. If I were the owner of a private up having public broadcasting in name care while still providing almost $300 broadcasting station, I would be up in only, and it is going to be unfair that billion in targeted tax cuts. arms. And some private station owners they are competing with the private What would those cuts do? They are tremendously disturbed about the stations, in which we have people who would increase the standard deduction increasing commercialism of this so- have invested a lot of money, trying to for all individuals and married couples. called public broadcasting. make money on an uneven playing They would provide marriage penalty Private stations aren’t tax exempt field because of the protections public relief for those taxpayers who pay like public broadcasting stations are. broadcasting have. more as married couples than they The private stations are now voicing f would if they were to file their taxes as their concerns about the existing un- two single individuals. They would pro- even playing field. I don’t want to A DEMOCRATIC PLAN WITH WHICH vide for a long-term-care tax credit to sound as though I am beating up on THE AMERICAN PEOPLE CAN make it easier to care for elderly fam- public broadcasting because, as I have AGREE ily members. They would provide for a indicated in my opening statement, I Mr. REID. Mr. President, we had 100-percent deduction for health insur- really do like public broadcasting. I some good news last week when the ance costs of the self-employed and in- enjoy the programs on National Public majority leader, Senator LOTT, indi- clude tax incentives to build and mod- Radio and public television. I believe cated that if the President vetoed the ernize more than 6,000 schools. That is public broadcasting should remain just $800 billion Republican tax plan, that important. that—public. That means we have to do would be the end of it. Clark County, Las Vegas, NV, has the a better job with public funding. That is good news for the American eighth-largest school district in Amer- We can trace very clearly what has public on the $800 billion attempt to ica, with over 200,000 schoolchildren. happened to public broadcasting. Newt cut taxes in this country because, in We are having to build over a dozen Gingrich, and others with whom he as- fact, it really wasn’t a tax cutting new schools every year. In one year

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10753 —and we hold the record—we dedicated yard line of UNLV. Rather than take Andre has made his place in tennis 18 new schools in Clark County. We their four-point victory, they wanted history. When he won the French Open, have to build one new elementary to run the score up a little bit and go he joined Roy Emerson, Rod Laver, school every month to keep up with for a touchdown. In the end zone there Don Budge, and Fred Perry as the only the growth in Clark County. We need was a fumble picked up by a UNLV de- men to win all four major tournaments some help to do that. The Democratic fensive back who ran 101 yards for the in their career. tax plan would give us some of that touchdown and beat Baylor with no Andre not only won the French and needed help. time left on the clock. This was tre- the U.S. Opens this year, he was also in Also, one of the things we have mendous. the finals at Wimbledon, making him talked about, which is so important, is People are going to be very happy the first man since Ivan Lendl in 1986 a tax credit for research and develop- with their new football couch, John to have gone to three grand slam finals ment for high-tech companies. That is Robinson, who had a great career be- in the same year. part of the Democratic tax plan—some- fore coming to UNLV from the Univer- No man had fought back to win the thing we hope the majority leader and sity of Southern California and, of U.S. Open from a 2–1 deficit in sets others will take a look at and be will- course, coaching the Los Angeles since John Newcombe did it 26 years ing to compromise on. Democrats have Rams. ago. But that is exactly what Agassi been out in front on the issue for a long We offer our congratulations to John did in a 3-hour and 23-minute match time. We pushed hard for a permanent Robinson and UNLV for two victories, yesterday. R & D tax credit. The majority talked which is two more than they had dur- The match was only the fifth all- about how they were in favor of a per- ing all of last year. American men’s final at the U.S. Open manent credit as well, until it came f in 32 years. The matchup of these two time to actually do it. In the end, the CONGRATULATIONS TO ANDRE men who are almost 30-years-old, was minority, myself included, were push- AGASSI the oldest since 39-year-old Ken ing for a ten year R & D tax credit. The Rosewall lost to 22-year-old Jimmy Mr. REID. Mr. President, the main majority ended up only committing to Connors in 1974. Even though these two reason I wanted to talk about athletics a five year tax credit in their package. men had not reached the age of 30, they in Nevada is not because of the team Due in large part to initiatives like the played great tennis. They will be victories that we have had over the talked about as being old men at ten- R & D tax credit, the high-tech indus- years in Nevada but because of a great nis, I repeat, even though they were try exists and has flourished. Without young man who was born and raised in not even 30 years old yet. They set a knowing whether or not that tax credit Nevada who has been part of the Ne- great example for tennis generally and will be around next year or the year vada athletic scene for some 25 years, for American tennis in particular. after or the year after that, hinders even though he is only 29 years old. these companies’ long term planning. Andre Agassi and his family have I have to agree with Andre when f been great for the State of Nevada. after the match he said, ‘‘I’ll tell you what. How can you ask for anything ATHLETICS IN NEVADA Andre, when he was a little boy still in elementary school, it was said by Pon- more than two Americans in the final Mr. REID. Mr. President, in Nevada cho Gonzales, who was a tennis great. of the U.S. Open playing a great five- we are very proud of a number of ‘‘He will be better than I someday.’’ set match?’’ things. We have a beautiful State. We This is when he was a little, tiny boy. Andre turned pro when he was 16 are the most mountainous State in the Poncho Gonzales was right. years old. We can all remember—I Union, except for Alaska, with over 300 Andre Agassi has already proven shouldn’t say ‘‘we can all’’ because separate mountain ranges, with 32 himself to be even greater than the that was 13 or 14 years ago—a lot of us mountains over 11,000 feet high. Las great Poncho Gonzales. This was cer- can remember when he turned pro. In Vegas, of course, is the entertainment tainly the case as proven yesterday those 13 or 14 years, he has changed. He capital of the world. when he won the U.S. Open Tennis won Wimbledon in 1992, the U.S. Open We are very proud of our universities Championship. in 1994, and was the No. 1 player in the for a number of reasons. We have a I want to, on the Senate floor, con- world by 1995. great engineering program at the Uni- gratulate Andre Agassi on this remark- But by 1997, Andre had, as I have in- versity of Nevada, Reno. The Mackay able comeback yesterday in the U.S. dicated, come across some tough times. School of Mines is there, and we are Open and, of course, his comeback vic- But he has fought back remarkably proud of that as well. We have a great tory in the French Open. well. He finished sixth in the world last school for biological sciences, which Andre, as I have indicated, is a native year. Earlier this year, he was ranked has a national reputation. At UNLV, of Las Vegas and dominated this sum- No. 1. He is now No. 1 again. we have the finest hotel administration mer with 35 victories in 39 matches. In a period of 4 months, he won the program in the entire country. The That is almost unheard of. French Open—coming back from two universities in Nevada are very proud Andre Agassi is the No. 1 ranked ten- sets down in the final—reached the of the football teams that we had in nis player in the United States. Not Wimbledon final, and won the U.S. the forties and fifties. Since the too long ago, because of an injury and Open, a truly phenomenal comeback. schools have been divided, UNR has other problems, Andre Agassi was Andre deserves to be congratulated been a power in division II football, and ranked 141. He is now ranked the best not only for his tremendous tennis, but they have played for the national tennis player in the world, as he should for all the great work he does for at- championship. They are now a division be. risk youth in Las Vegas. He truly has I team. UNLV has won national cham- I was watching the tennis matches put his money where his mouth is. pionships in basketball. The UNLV over the weekend. John McEnroe, one The Agassi Foundation has helped football team has had some bad years, of the great tennis players of all time, poor kids in Nevada. That is an under- losing dozens of games. Last year they commenting about Andre Agassi, said statement. He personally raises mil- didn’t win a single game, but this year his ability to return service is the best lions of dollars. He is going to have an they were able to beat North Texas there has ever been in the entire his- event this month. He has gotten some State in their first away game. tory of tennis. His reputation and his of his friends to come from Las Vegas. A week ago last Thursday and then abilities are still being proven. He is He will raise $3 million at that event, this past Saturday, they played Baylor. getting better with every match he all of which will go into his foundation Even though Baylor was favored by a plays. to help the youth of Las Vegas. couple of touchdowns, one of the most But yesterday he closed out one of His exhibition against Todd Martin miraculous wins in the history of foot- the greatest summers in tennis his- yesterday was exciting. Todd Martin is ball at the professional or college level tory. He came up with some of the a great champion in his own right. His occurred when Baylor was ahead by most impressive shots ever seen in ten- towering stature of 6-foot-6 was as tow- four points with less than 10 seconds nis in a dominating fifth set to capture ering on the tennis court. These two left. They had the ball inside the 10- his second U.S. Open. men were interviewed after the tennis

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10754 CONGRESSIONAL RECORD — SENATE September 13, 1999 match, and that should certainly be an There appears to be a sufficient sec- able for inland fish habitat management, inspiration to all young people who ond. $24,314,000 shall be available for anadromous want to compete because as winner and The yeas and nays were ordered. fish habitat management, $29,548,000 shall be loser, they both talked as winners and Mr. CRAIG. Mr. President, I suggest available for threatened, endangered, and sensitive species habitat management, and indicated how important it was that the absence of a quorum. $196,885,000 shall be available for timber sales they were able to represent the United The PRESIDING OFFICER. The management.’’. States at the U.S. Open. clerk will call the roll. On page 64, line 17, strike ‘‘$362,095,000’’ and Andre Agassi is good on the court The legislative assistant proceeded insert ‘‘$371,795,000’’. and off the court with the tremendous to call the roll. On page 64, line 22, strike ‘‘205:’’ and insert work he has done with the Andre Mr. BRYAN. Mr. President, I ask ‘‘205, of which $86,909,000 shall be available Agassi Foundation. He has helped the unanimous consent that the order for for road construction (of which not more than $37,400,000 shall be available for engi- youth of Las Vegas by giving them a the quorum call be rescinded. neering support for the timber program) and helping hand in growing up to be suc- The PRESIDING OFFICER. Without $122,484,000 shall be available for road main- cessful individuals. His foundation objection, it is so ordered. tenance:’’. even branched out to a program to help f Mr. BRYAN. Mr. President, today I women and children who have become CONCLUSION OF MORNING am offering an amendment with my victims of domestic abuse. BUSINESS colleague from Illinois and my col- Today on the floor of the U.S. Sen- league from Oregon that is a win-win ate, I congratulate a great American, The PRESIDING OFFICER. Morning for the American taxpayer and the en- Andre Agassi, someone who will go business is closed. vironment. down in the annals of history as a great f Our amendment reduces the subsidy athlete and who will go down in the an- DEPARTMENT OF THE INTERIOR for the below-cost timber program ad- nals of history in the State of Nevada AND RELATED AGENCIES APPRO- ministered by the Forest Service and as a good person. Andre Agassi is some- PRIATIONS ACT, 2000 for the construction of logging roads in one who is willing to help those who our national forests. certainly aren’t as fortunate as he. The PRESIDING OFFICER. Under In addition, our amendment reallo- I suggest the absence of a quorum. the previous order, the Senate will now cates needed monies to those Forest The PRESIDING OFFICER. The resume consideration of H.R. 2466, Service programs underfunded by the clerk will call the roll. which the clerk will report by title. committee, such as road maintenance, The legislative assistant proceeded The bill clerk read as follows: wildlife and fish habitat management, to call the roll. Mr. CRAIG. Mr. Presi- A bill (H.R. 2466) making appropriations and threatened and endangered species dent, I ask unanimous consent that the for the Department of the Interior and re- habitat management. order for the quorum call be rescinded. lated agencies for the fiscal year ending Sep- tember 30, 2000, and for other purposes. Each year, the American taxpayers The PRESIDING OFFICER (Mr. spend millions of dollars to subsidize FRIST). Without objection, it is so or- Pending: the construction of roads needed for dered. Gorton amendment No. 1359, of a technical logging on national forest lands. f nature. The appropriations bill before us Hutchison amendment No. 1603, to prohibit today contains over $37 million for the ORDER OF PROCEDURE the use of funds for the purpose of issuing a notice of rulemaking with respect to the Forest Service to assist in the con- Mr. CRAIG. Mr. President, as in exec- struction and reconstruction of timber utive session, I ask unanimous consent valuation of crude oil for royalty purposes until September 30, 2000. roads in our national forests. This as- that immediately following the two sistance is in the form of contract ad- cloture votes scheduled for 5 p.m. Mr. BRYAN. Mr. President, I ask unanimous consent that the pending ministration, construction oversight, today, and regardless of the outcome of and engineering, planning, and design those cloture votes, the Senate proceed amendments be laid aside. The PRESIDING OFFICER. Without work performed by the Forest Service to executive session for the consider- for the logging companies which are ation of Executive Calendar No. 210, objection, it is so ordered. The Sen- ator’s request is granted. merely left with the task of building the nomination of Maryanne Trump the roads to extract the timber. AMENDMENT NO. 1588 Barry to be the U.S. circuit judge for Our amendment would reduce this the Third Circuit. I further ask unani- (Purpose: To make certain modifications to subsidy by a modest amount, $1.6 mil- the Forest System budget) mous consent that the Senate imme- lion, which is the amount the program diately proceed to a vote on the con- Mr. BRYAN. Mr. President, I call up was increased above the administra- firmation of the nomination with no amendment No. 1588, which I believe is tion’s budget request. intervening action or debate. I finally currently at the desk, and ask for its Similarly, this bill contains $228.9 ask consent that following that vote, immediate consideration. million for the administration of the the President be immediately notified The PRESIDING OFFICER. The timber sale program, which is more of the Senate’s action, and the Senate clerk will report. than $32 million above the administra- then return to legislative session. The bill clerk read as follows: tion’s budget request. Mr. REID. Reserving the right to ob- The Senator from Nevada [Mr. BRYAN], for These expenditures for a money los- ject, and I shall not object, other than himself, Mr. FITZGERALD, Mr. DURBIN, Mr. ing timber program are an enormous to say it would be nice if the majority REID and Mr. WYDEN, proposes an amend- drain on the Treasury. leader would allow that one to go to ment numbered 1588. In their most recent Forest Manage- voice vote. But if he will not allow Mr. BRYAN. I ask unanimous con- ment Program Annual Report, dated that, I will be happy to withdraw my sent reading of the amendment be dis- July 1998, the Forest Service acknowl- objection. pensed with. edges losing $88.6 million from their The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without timber program in fiscal year 1997. objection? Without objection, it is so objection, it is so ordered. This was the second consecutive year ordered. The amendment is as follows: that the Forest Service reported a loss. Mr. CRAIG. Mr. President, I ask On page 63, beginning on line 1, strike In addition to the reported loss, the unanimous consent it be in order to ‘‘$1,239,051,000’’ and all that follows through $88.6 million figure excludes a full ac- ask for the yeas and nays at this time. line 6 and insert ‘‘$1,216,351,000 (which shall counting of all costs associated with The PRESIDING OFFICER. Is there include 50 percent of all moneys received logging. objection? Without objection, it is so during prior fiscal years as fees collected In past fiscal years, independent under the Land and Water Conservation ordered. Fund Act of 1965 in accordance with section analyses estimate the loss from below- Mr. CRAIG. Mr. President, I ask for 4(i) of that Act (16 U.S.C. 460l–6a(i))), to re- cost timber sales are far greater than the yeas and nays. main available until expended, of which those reported by the Forest Service. The PRESIDING OFFICER. Is there a $33,697,000 shall be available for wildlife habi- The General Accounting Office esti- sufficient second? tat management, $22,132,000 shall be avail- mated that the timber program cost

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10755 taxpayers at least $1.5 billion from 1992 maintaining logging roads ends with The committee cut the endangered to 1997. the end of the timber sale, leaving all species program by $5 million. Our amendment would reduce fund- future maintenance costs to the tax- Our amendment would restore $2 mil- ing for timber sale management by payer. lion for this program, which would $32.015 million to the level requested by Our amendment adds $5.3 million for allow the Forest Service to pursue con- the administration. important road maintenance projects servation strategies to prevent the In spite of the fact that our National throughout our national forests. need for listing, thereby avoiding the Forests supply a mere 4 percent of our The National Forests include nearly loss of management flexibility and in- nation’s annual timber harvest, this 200,000 miles of fishable streams and creased operating costs once listing oc- bill continues to reflect the dominance more than 2 million acres of lakes, curs. of the timber program at the expense ponds and reservoirs that support hun- Mr. President, the $20 million our of other programs designed to improve dreds of inland fish species with impor- amendment adds to wildlife, fisheries, forest health and enhance the public’s tant recreational, commercial, and ec- and rare plant habitat management enjoyment of our national forests. ological values. programs would enable the Forest The inland fisheries habitat manage- More than 380,000 miles of roads Service to increase Challenge Cost- ment program allows the Forest Serv- criss-cross the national forests. This is Share partnerships with organizations ice to protect and restore inland a more extensive road network than throughout the country, enabling the streams and lakes, along with the fish the National Interstate Highway Sys- and aquatic life they support. agency to leverage funding, better tem. The bill before us today cuts the ad- serve the public, and improve vital The Forest Service estimates that ministration’s request for this program habitats for fish and wildlife. over 80% of these roads are not main- by $7 million. This funding is an investment for the tained to public safety and environ- Our amendment proposes to restore nation’s 63 million wildlife watchers, 14 mental standards. $3.115 million in funding for this pro- million hunters, and 35 million anglers As a matter of public policy, I would gram. who spend approximately 127.6 million argue that it makes more sense to This additional funding would allow activity days hunting, fishing, and ob- maintain the roads we already have the Forest Service to enhance or re- serving fish and wildlife annually on than to spend money building new store several hundred miles of stream national forests. roads we don’t need. and over 400 additional acres of ponds, This result in local community ex- Many scientists have found that road lakes, and reservoirs. penditures of billions of dollars and building threatens wildlife because it The National Forests also provide over 230,000 full-time equivalent jobs. causes erosion of soils, fragments in- critical spawning and rearing habitat One out of every three anglers fish tact forest ecosystems, encourages the for Pacific, Great Lakes, and Atlantic national forest waters nationally, and spread of noxious weeds and invasive stocks of anadromous fish, such as two out of three anglers in the West species, and reduces habitat for many salmon, sturgeons, and lampreys. fish national forest waters. animals needing refuge from man. These stocks contribute significantly That is why our amendment is sup- It has been found that when roads to the quality of life, recreational and ported by groups like Trout Unlimited, wash out they dump rocks and soil on commercial fishing, and the economy the American Sportfishing Association, lower slopes and into streambeds, and of local communities. and Wildlife Forever. even when they remain intact, roads The Interior bill cuts the administra- Mr. President, I would urge my col- act as channels for water and con- tion’s funding request for anadromous leagues to join a strong coalition of en- tribute further to the erosion of lands fisheries habitat management by $6.4 vironmental, hunting, fishing, and tax- and streams. million. payer organizations in support of the Scientists say that the overall effect Our amendment proposes to restore Bryan-Fitzgerald-Wyden amendment. is that the streams and rivers fill with $1.6 million for this program. I yield the floor. silt and the shallower waters mean de- This funding will enable the Forest Mr. CRAIG. Mr. President, I suggest graded fish habitat and more flooding. Service to complete critical work on the absence of a quorum. In my home state of Nevada, the road over 100 additional miles of anad- The PRESIDING OFFICER. The network throughout the Lake Tahoe romous streams and 1,000 acres of addi- clerk will call the roll. basin has been identified as a major tional acres of anadromous lakes and The legislative clerk proceeded to contributor to the degradation of water reservoirs, complementing the efforts call the roll. quality and decline in clarity of Lake of our state, federal, and tribal part- Mr. BRYAN. Mr. President, I ask Tahoe. ners. unanimous consent that the order for An important component of the For- The wildlife habitat management the quorum call be rescinded. est Service’s road maintenance pro- program of the Forest Service for fiscal The PRESIDING OFFICER. Without gram involves the decommissioning of year 2000 will focus on prescribed burns objection, it is so ordered. old logging roads. to improve wildlife habitat. It will help to develop and protect AMENDMENT NO. 1623 TO AMENDMENT NO. 1588 This program has been essential to wetlands and water sources in arid (Purpose: To make available funds for the efforts in the Lake Tahoe basin to im- habitats for waterfowl, quail, and wild survey and manage requirements of the prove erosion control and the overall Northwest Forest Plan Record of Decision) turkey, in addition to restoring ripar- water quality of the lake. ian habitat that benefits big game. Mr. BRYAN. Mr. President, I send an The bill before us today cuts the ad- The subcommittee cut $5 million amendment to the desk and ask for its ministration’s request for road mainte- from the wildlife program. immediate consideration. nance by $11.3 million. Our amendment would restore $1.6 The PRESIDING OFFICER. The The Forest Service has indicated million in funding for this program. clerk will report. that their annual road maintenance This funding would provide for an ad- The legislative clerk read as follows: needs total $431 million per year, and ditional 8,000 acres of important habi- The Senator from Nevada [Mr. BRYAN], for that their backlog for deferred mainte- tat improvement, which would benefit himself, Mr. WYDEN, and Mr. FITZGERALD, nance totals $3.85 billion. both game and nongame species, and proposes an amendment numbered 1623 to The bill before us today provides less result in enhanced opportunities for amendment No. 1588. than a quarter of the funding the For- wildlife-related recreation. Mr. BRYAN. Mr. President, I ask est Service requires to address their The activities of the threatened, en- unanimous consent that reading of the annual road maintenance needs. dangered, and sensitive species pro- amendment be dispensed with. Addressing this need would have con- gram serve to achieve recovery goals The PRESIDING OFFICER. Without siderable environmental benefits, such for threatened and endangered animals objection, it is so ordered. as reducing erosion from roads and and plants. The amendment is as follows: storm proofing existing culverts. The Forest Service has indicated Beginning on page 1, line 3, strike It is important to remember that the that this program continues to be es- ‘‘$1,216,351,000’’ and all that follows through timber industry’s responsibility for sential to the mission of their agency. ‘‘management’’ on page 2, line 4, and insert

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10756 CONGRESSIONAL RECORD — SENATE September 13, 1999 ‘‘$1,225,351,000 (which shall include 50 percent west Forest Plan which promised pro- the scientific issues was necessary in of all moneys received during prior fiscal tection for my State’s ancient forests, order to get the survey and manage- years as fees collected under the Land and and also sustainable forestry for a ment program back on track. So let’s Water Conservation Fund Act of 1965 in ac- State that has long been dependent in be clear; the survey and management cordance with section 4(i) of that Act (16 U.S.C. 460l–6a(i))), to remain available until rural communities on forestry for fam- program is an unparalleled under- expended, of which $33,697,000 shall be avail- ily wage jobs. taking. It is going to provide new sci- able for wildlife habitat management, Over the past few months, the plan, entific protocols and data that can be $22,132,000 shall be available for inland fish which has already been failing to de- useful in forests across the country. habitat management, $24,314,000 shall be liver what it promised, threatened to But it has to be done in a way that ad- available for anadromous fish habitat man- come completely undone when a Fed- dresses the legitimate issues with re- agement, $28,548,000 shall be available for eral judge ruled that the Forest Serv- spect to accountability that our col- threatened, endangered, and sensitive spe- ice had failed to conduct biological sur- league from Washington State, Senator cies habitat management, $196,885,000 shall be available for timber sales management, veys—an obligation known as survey GORTON, and Senator CRAIG of Idaho and $10,000,000 shall be available for survey and management—as required under have addressed on this floor. and manage requirements of the Northwest the court-approved Northwest Forest So the Bryan-Fitzgerald-Wyden Forest Plan Record of Decision, for which Plan. amendment directs $10 million for sur- the draft supplemental environmental im- Later this week, in the Forestry Sub- vey and management requirements to pact statement is to be completed by Novem- committee, chaired by my friend and help the Forest Service conduct sur- ber 15, 1999, and the final environmental im- colleague, Senator CRAIG, we are going veys on judicially stalled timber sales pact statement is to be published by Feb- to talk about who exactly is to blame for species with known survey proto- ruary 14, 2000’’. On page 2, line 6, strike ‘‘$371,795,000’’ and for that fiasco. But today, we in the cols. It will help the Service create insert ‘‘$365,795,000’’. Pacific Northwest are left with dozens protocols for the species currently On page 2, line 11, strike ‘‘$122,484,000’’ and of suspended timber sales as a result of lacking such data. This money starts insert ‘‘$116,484,000’’. the Forest Service’s failure to follow us toward completion of the environ- Mr. BRYAN. Mr. President, I note through on environmental protection mental scientific work that is nec- that my colleague, one of the prime obligations. essary to move timber sales toward sponsors of the amendment, has joined The Bryan-Fitzgerald-Wyden amend- harvest. us on the floor. I yield the floor at this ment would earmark resources for this During the August meetings, the point. costly environmental work and place a Forest Service was initially optimistic Mr. WYDEN addressed the Chair. stringent timetable on the completion about the time it would take them to The PRESIDING OFFICER. The Sen- of the surveys’ environmental impact complete the environmental impact ator from Oregon is recognized. statement. Thus, by making sure these statements which they believe will an- Mr. WYDEN. Mr. President, I express environmental surveys get done, and swer the questions with respect to the my appreciation to the Senator from done quickly, we will help both the en- success of the Northwest Forest Plan. Nevada for all his effort in working vironment and timber workers do well. At first, the Forest Service told me in with me and other colleagues from the Building on the philosophy that we a draft response to the letter Senator Pacific Northwest on this issue. Folks heard from Senator GORTON, that the MURRAY and I sent them that the envi- in your part of the United States want program has not worked very well, and ronmental impact statement, draft to be sensitive to environmental values what we heard from Senator ROBB statement, would be completed this and economic needs in our commu- about the importance of environmental fall, and that the final would be ready nities. As a result of recent court deci- values, what Senator BRYAN, Senator early next year. Now the Forest Serv- sions and other problems, instead of FITZGERALD, and I are trying to do is ice is telling us that the draft will be that win-win, we have essentially had a incorporate some of the thinking be- available for public comment by De- lose-lose, where we are not doing what hind both of those approaches so we cember and perhaps the final environ- is needed to protect environmental val- can try to put this survey and manage- mental impact statement will be ready ues; nor are we doing what is needed to ment program on track but also bring in May or June of next year. They have protect communities—particularly to it some of the accountability that not given us any indication, other than rural communities—that have very le- Senators GORTON and CRAIG are abso- overlap of this work with the holidays, gitimate economic concerns as a result lutely right in saying has been lacking why the timing of the work had to of having resource-dependent econo- in the past. change. mies. I have shared, as I say, many of the The Forest Service has been working The Senator from Nevada has been concerns of the manager of the bill. on this project since 1997 and knew working with us. I will begin my re- But I don’t think we can simply waive since 1994 that the survey and manage- marks by saying what we are trying to survey and management requirements ment requirement was coming down do in the Bryan-Fitzgerald-Wyden altogether because what will happen is the pike. I certainly wasn’t one who amendment is incorporate some of the that will lead to a full employment succeeded in getting his homework al- thinking that has been behind what the program for lawyers if it were adopted ways done on time, but the Forest chairman of the subcommittee, Sen- and, even if in the short term, very se- Service’s timetable reflects extraor- ator GORTON, has talked about on the rious problems because the bill would dinarily poor planning, by any cal- floor and some of what Senator ROBB be vetoed by the President if section culus. tried to do last week with respect to 329 survived conference in its present It is time for some accountability. environmental values. I think if you form. We are going to have a chance to dis- look at the Bryan-Fitzgerald-Wyden In August of this year, right after the cuss those accountability issues later amendment, you will see, to some de- first Northwest Forest Plan timber this week. I note the chairman of the gree, efforts to try to reconcile some of sales were enjoined, Senator MURRAY Forestry Subcommittee has arrived. He the important points that Senator and I sent a letter to Under Secretary knows I share many of his concerns GORTON has made and the important Lyons asking that the Forest Service about the lack of accountability with points Senator ROBB has made that are and BLM meet with our offices to dis- respect to the Forest Service on survey brought together in our amendment so cuss how and why the survey and man- and management, and in other key we can take advantage of an oppor- agement requirements were stopping areas. tunity to both improve the environ- the Northwest Forest Timber Program The Forest Service needs administra- ment and move timber more quickly and what could be done about it. tive deadlines to move this process from the forests to the mills. Initially, in the August meeting be- along. They need to make this environ- When President Clinton took office tween agency staff and the congres- mental impact statement a priority in 1993, he came to the Pacific North- sional staff, held both in D.C. and in and get it done. The Bryan-Fitzgerald- west with a promise to help resolve the my hometown of Portland, the Forest Wyden amendment states the survey battle over owls and old growth. The Service stated that $10 million more and management draft environmental administration put in place the North- funding for personnel and addressing impact statement should be completed

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10757 by November 15 of this year, and the and Oregon, is ‘‘frustration’’ over the in some instances—have been wet final version of that impact statement lack of understanding by a Senator enough that we haven’t had the fire should be published by February 14, from Nevada who is responsible for rep- threat. 2000. resenting his State which is predomi- The article goes on to say: Those deadlines also allow for the nately a public lands State where graz- Ironically, forest management practices on public a comment period required by ing on public lands and mining the nat- surrounding federal lands have put at risk law, plus some additional time for open ural resources from those public lands the very qualities they were supposed to pre- and public discussion. are two of the primary economies of serve: the integrity of the forest and the This administration for years has that State, that he would not be sup- clarity of the lake below— been promising Congress they will get portive of programs within the U.S. Talking about the beautiful Lake to work on the Northwest Forest Plan. Forest Service that deal with public Tahoe— The time for those empty promises is land resources in an appropriate and Environmental regulations have delayed over. This administration needs some responsible way. some management actions and restricted direction, and they need the extra I say that before I get to the specific timber harvests for forest treatments. money to achieve it. issues of the amendment because I find It has resulted, of course, in the situ- Finally, let me reiterate what I think it fascinating that in a publication ation that I described around the the Bryan-Fitzgerald-Wyden amend- called ‘‘Public Lands Forests, What We Tahoe Basin. ment does. I say this to colleagues on Get, What We Pay For’’—an inter- Of course, the reason the Senators both sides of the aisle. It incorporates esting publication from the Political from Nevada are appropriately con- much of the important analysis done Economy Research Center which deals cerned about the Tahoe Basin is not by Senator GORTON and Senator CRAIG with the subject that the Senator from timber production per se because I with respect to why the survey and Nevada knows a great deal about, and don’t think you would view the Tahoe management program has not worked in fact knows a great deal more about Basin as being an area where you and why the administration has than I do as the chairman of the For- would expect timber production, but it dragged its feet on it while at the same estry Subcommittee. That the Tahoe is the recent interfacing of resort time trying to incorporate the environ- Basin, a beautiful and unique area in homes—summer homes, many of them mental concerns Senator ROBB has le- his State that is being dramatically going in the millions of dollars—that gitimately addressed to ensure this impacted at this moment by a lack of use Lake Tahoe and find Lake Tahoe to program gets carried out. forest management in a responsible be a marvelous place to live and, of Under the Bryan-Fitzgerald-Wyden way as we begin to see a relatively af- course, coupled with the thousands of amendment, we would add the money fluent urban interface grow around tourists who come there on an annual necessary to carry it out. But we would Lake Tahoe and into a forest that is basis to see this tremendously beau- finally have some real accountability dramatically different than what it tiful high mountain alpine lake. and some real deadlines to make sure was 40, 50, or 100 years ago. Why, then, would a Senator from Ne- these important obligations, both in Let me quote from this article. I am vada want to cut a program where the terms of environmental protection and trying to set a tone for my frustration money is utilized to do the necessary in terms of meeting economic needs of over why the Senator from Nevada is surveys and the preparations for the rural communities, are addressed. doing what he is doing and the Senator kind of fuel unloading or fuel decreases I hope my colleagues on both sides from Oregon would join with him. Let that Tahoe Basin would need because will support it. If we adopt this amend- me quote from this publication, and most of our timber sales are no longer ment, I believe the end result will be the title to the article is called ‘‘One green sales, they are sales of dead and healthier forests and a healthier tim- Spark From Disaster.’’ dying timber. They are sales that are a ber economy. I quote: product of forest health and not an on- I, again, thank my colleague from As the road dropped out of the Sierras into going aggressive timber program of the Nevada for all of his assistance. I know the Lake Tahoe basin below, the scenery kind that brought the environmental my colleagues from Idaho and Wash- made an abrupt change from healthy, green outcry of a decade or two ago. ington as members of our Senate dele- forests to dead and dying stands of timber. I must say the Senator from Oregon gation from the Northwest have strong The congressmen on their way to the June has a bit of a different circumstance. views on this as well. The Senator from 1997 Presidential Summit on the problems He and I joined ranks on the floor last facing the lake and surrounding basin were week on a very critical issue. As you Idaho knows how much I enjoy work- taken aback by what they saw. Later, during ing with him. We are getting ready to a session on forest health, U.S. Senator know, when this administration came go forward with our accounting pay- Richard Bryan of Nevada exclaimed, ‘‘This to town a few years ago, they were ment legislation which gives us a fores looks like hell!’’ It appeared as if some- faced with the situation of a timber in- chance to break some gridlock in that one had drawn an imaginary line across the dustry imploding in the State of Or- area. I am hopeful as we go forward on landscape and then nurtured the trees on one egon, imploding as a result of a spotted this important Interior bill we can also side, while destroying those on the other. owl decision that took a tremendous break the gridlock with respect to sur- What the Senator was experiencing amount of the timbered landscape of vey management and have additional was what many are now experiencing that State—both Forest Service and funds that are needed but also addi- on a Forest Service landscape across BLM timber—off the table, or at least tional accountability. That is why I am our Nation where we have constantly had locked it all up in the courts. hopeful my colleagues on both sides of put out fires over the last 75 to 100 This President, with the right inten- the aisle will support the Bryan-Fitz- years and have not gone in and done se- tion—with the right intention—went gerald-Wyden amendment. lective logging or fuel reduction on our out to try to solve the problem and ba- I yield the floor. forest floors. We have literally created sically said: Let me reduce your cut by The PRESIDING OFFICER (Ms. COL- jungles—jungles that some would like 80 percent and for the other 20 percent LINS). The Senator from Idaho. to portray as beautiful, sweeping remaining, or something near that, we Mr. CRAIG. Madam President, as we landscaped timbered vistas when it is will focus all of our intent there, all of debate the Interior appropriations quite obvious they are jungles that in our energy, and do the finest environ- bill—and now the amendment and the the right environment—and the Tahoe mental assessment possible, and that substitute amendment offered by Sen- Basin gets that environment every so you will be able to log. ators BRYAN and WYDEN—I guess I can often—could explode into total disaster We know the court decisions have say at the outset that the only thing I of the landscape by the kinds of fires gone well beyond the intent of the En- arrive at in trying to consider a $34 California has experienced this year dangered Species Act—reasonable and million cut in a very essential program and as have other parts of the country. right surveys—and basically even to the U.S. Forest Service, especially Those of us more to the North in the stopped all of that logging. when the advocacy of the cut comes Pacific Northwest have been fortunate I can understand why the Senator from the two Senators from large pub- enough this year in that our relatively would want to try to divert money to lic land Western States such as Nevada unmanaged forests—and mismanaged solve his problem. But he also probably

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Because on the while he is supporting taking 34 mil- that in nearly the same breath it could Payette National Forest, argumen- lion dollars out of that sales and prepa- be said that we are at full employment tatively, at least by national forest ration base and putting some of it over yet we have in certain areas high de- standards, there were no more trees to into surveys, he is denying the States grees of poverty. Most of that poverty cut. of Arkansas, Idaho, and others the very exists in rural areas today. Most of That is why I can responsibly and le- resources they need to keep their peo- that poverty exists in rural areas gitimately turn to the Senator from ple working and to keep an industry where those communities of working Nevada today and say: Senator, your that is now staggering to stay alive on men and women are tied directly to the bill destroys jobs. Your bill destroys its feet. public lands and tied to the resources high-paying jobs, $35,000, $45,000, That is what brings Members to this of those public lands. $55,000-a-year jobs for men and women, point. Yes, we come to the floor now Nearly one-third of the counties adja- important jobs in rural communities, after having dramatically reduced cent to national forests suffer poverty in Idaho, Oregon, Washington, Cali- these programs in the name of the en- levels that are at least one and a half fornia, Arkansas, Mississippi, Alaska. vironment—and in many instances ap- times higher than the national aver- In talking of mill closures—and I re- propriate reductions—and say we have age. Let me refer to a fascinating chart ferred to the dramatic numbers—let me to notch them down even more. that comes from the U.S. Forest Serv- also quote the Western Council of In- For the next few moments I will talk ice’s TSPIRS employment figures. dustry Workers, the United Brother- about the adverse effects on rural com- I refer to the solid bars on this chart hood of Carpenters and Joiners of munities and jobs that the Bryan- showing employment from the har- America. It is their people, in many in- Wyden substitute will have. That sub- vesting and processing of national for- stances, who are losing these jobs. stitute takes money away from the est timber between 1989 and 1997—just They say: program that supports good family over a few years—has dropped from Legislative efforts to reduce funding for jobs. I am talking about good-paying 140,000 working men and women to forest management programs seriously jeop- jobs. The two Senators plan to redirect 55,500. Let me repeat that. That is ardize the livelihoods of our members and tens of thousands of forest products workers funds out of the timber program into more dramatic than any other employ- wildlife surveys and road maintenance, nationwide. Job loss within our industry has ment sector in our country, except in been severe, as the timber sales program has which I think will be counter- the making of buggies and buggy been reduced by 70 percent since the early productive because we are already put- whips, and no young person on this 90s. ting millions of dollars into that pro- floor even knows what I am talking A 70-percent reduction in the timber gram. about because that industry died a long program, a reduction in jobs from For me to oppose their amendment time ago. In a decade we have lost from does not mean we oppose the surveys. 140,000 to 55,000, and the Senator from a 140,000 high down to 55,000 jobs for We know we have ramped up the Nevada wants to cut it even deeper. It amount of money that goes into those working men and women. The Senator is pretty hard to understand why, espe- surveys and, of course, in ramping up from Nevada wants to take that down cially when you look at the new envi- the surveys, added costs to every tim- even further by the action he proposes ronmental standards of today and what ber sale. Then the Senator from Ne- today. the Forest Service is demanding of a I am not quite sure I understand why, vada can come to the floor and talk timber sale as it relates to the survey but let me show the very real impact. about these timber sales being too ex- and the kind of mitigation plan that I am tremendously familiar with this pensive and we ought to eliminate comes because of the Clean Water Act them. The reason they are expensive is because not only in my lifetime but in and the Clean Air Act and, of course, that the court and some in the environ- my tenure in the Congress, from when the National Environmental Policy Act mental community are demanding the I started serving in 1981 until today, and the Endangered Species Act and all money be transferred over to do the what I speak of has happened. I have of those kinds of rules and regulations surveys. watched it happen. I have been to the and processes and procedures that by It is a Catch-22. We shove these costs locations. I went to Grangeville, ID. I law are required. I am not sure I under- off on to the price of a timber sale. We watched grown men sit on stacks of stand why. escalate it to the point it is not a cost- lumber and cry, literally, tears rolling I do know several years ago the Na- effective timber sale. Therefore, we down their cheeks because there were tional Sierra Club developed as one of give some Senators a basis to come to no more trees to cut under the Federal their policies, zero cut on public lands. the floor and argue we ought to elimi- forest plan and they had lost their job. I know that is what they believe. I nate them because we can’t make The mill was going to be unbolted, know that is what they advocate. I money at them when, in fact, the poli- placed in shipping containers, and sent know they are champions of this kind tics have pushed the cost of the sur- to Brazil to cut the rain forests be- of amendment because if you cannot veys well beyond what would be rea- cause the environmentalists decided stop logging altogether, you stop it a sonable, appropriate, and responsible, that the Nez Perce Forest in Idaho was little bit at a time until it is all gone, for the purpose of cutting those trees. no longer producing trees—although it even if the health of the forests are at That is the ultimate Catch-22 in forest was growing 10 times more trees than the point of explosion from wildfires management today that has nearly laid it was cutting. like those being experienced in Cali- the State of Oregon low and has dra- What happened? Here are the very fornia today, and even if the Tahoe matically impacted the State of Idaho. dramatic figures from a tremendously Basin runs at a high risk, with the risk Regarding the timber funding and narrow period of time. The State of not just to the trees but the loss of the Forest Service that prepares the Washington, 1989 to today, 55 mills hundreds of multimillion-dollar homes administrative forest activities, the closed and the loss of 3,285 jobs; Or- where the wealthy come to play and re- committee already has an appropriate egon, 111 mills closed and the loss of side in the urban/rural interface. That amount for wildlife and for road fund- 11,600 jobs; Montana, 13 mills closed is the issue at hand. ing. Redirecting funds, as I have said, and 1,083 jobs lost; Idaho, 17 mills and I will go on to quote from those men will harm the timber program. It will 707 jobs lost. and women who work in the industry. not be consequence free. It will cost Let me talk about Midvale, ID, my They say: jobs in Arkansas, in Idaho. It could hometown. If I am a little sensitive More than 80,000 men and women have lost cost jobs in other forested States today, I should be. I used to go to that their jobs as that timber program has re- across the Nation where there remains mill and buy lumber. It employed 45 duced by more than 70 percent since 1990. a struggling timber program. men. The attitude on the floor is: What We know that is real. The Senator The President traveled this summer is the big deal? It is only 45 jobs. But it from Oregon knows it is real. The Sen- to several sections of the country suf- was 45 jobs and 45 homes in a commu- ator from Idaho knows it is real. I have

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10759 attended the mill closures. My guess is, deficit in the forest products sector, as wood what was projected during the decade so has the Senator from Oregon. and paper imports reach record levels. of the early 1980s. But remember, while I ask unanimous consent to have In addition, the health and vitality of our some of it happened, the kind of jobs nation’s forests are being crippled by crisis. printed in the RECORD these letters Twenty-six million acres are in jeopardy that were created were fundamentally from the Western Council of Industrial from insect and disease, while forty million different jobs from those $30,000, Workers and the United Brotherhood of acres are at risk to catastrophic wildfire. $40,000, $50,000-a-year jobs that I am Carpenters and Joiners of America, op- Our union supports responsible efforts to talking about in the forest products in- posing reductions in the timber pro- protect our forests, including thinning and dustry. A maid or waitress or a gas sta- gram. harvesting to maintain forest health, limit tion attendant or a tour guide does not the spread of insect infestation and reduce There being no objection, the mate- the risk of forest fires. make that kind of money. They work rial was ordered to be printed in the We must continue our nation’s global lead- at slightly above minimum wage. They RECORD, as follows: ership in environmental stewardship without have no health benefits. They have no WESTERN COUNCIL OF INDUSTRIAL sacrificing the livelihoods of thousands of retirement program. Their work is sea- WORKERS, UNITED BROTHERHOOD working families. The UBCJA urges you to sonal. They are oftentimes out of work help protect forests, jobs and communities OF CARPENTERS AND JOINERS OF 4 or 5 months out of the year. And, yes, by supporting the current funding levels for AMERICA, they are on welfare. And, yes, they Portland, OR, July 19, 1999. the federal timber sale program in the FY 2000 Interior Appropriations bill and by op- qualify for food stamps. U.S. Senate, posing any effort to reduce funding for this I must say these once were the proud Washington, DC. essential program. men and women of the forest products DEAR SENATOR: On behalf of the 20,000 men Thank you for your consideration. and women of the Western Council of Indus- industry that we politically destroyed. Sincerely, trial Workers (WCIW), I urge you to oppose We politically destroyed it. We are DOUGLAS J. MCCARRON, any effort to reduce funding for the U.S. For- here today for politics. We are politi- General President. est Service timber sale and related programs cally trying to destroy what remains of when the FY 2000 Interior Appropriations Mr. CRAIG. Unemployment in rural a responsible way of managing our for- bill comes to the Senate floor for consider- timber-dependent communities is in ests today, not because it is the right ation. double-digit figures despite rosy em- thing to do from a management point Legislative efforts to reduce funding for ployment figures in the rest of Amer- of view but because it is the right thing forest management programs seriously jeop- ica. The Senator from Oregon and I vis- to do politically. I know of no other ardize the livelihoods of our members and ited similar communities—he in his reason. I cannot understand why the tens of thousands of forest products workers State, I in my State—over the August nationwide. Job loss within our industry has Senator from Nevada, who comes from recess. I can go from my community of been severe as the timber sale program has the great public land State that he Boise where there is near zero unem- been reduced by almost 70 percent since the does, would want to turn his back on ployment—it is a growth community, early 1990s. More than 80,000 men and women one segment of the economy of a public it is a high-tech community, it is doing have lost their jobs due to this decline and land State such as Idaho or Nevada. further cutbacks in these important pro- very well—and I can drive 100 miles to He and I stand arm in arm together grams will only add to the unemployment. a community that has 14 to 16-percent on mining issues. I was in Elko, NV, Additionally, adequate funding for forest unemployment. Why? That community last week in a community that 15 years management programs is critical to protect is right here. That community is right the health of our forests. According to the ago was 5,000 people; today, 25,000 peo- here. That is because they were de- Forest Service, approximately 40 million ple, not because of the high-tech indus- pendent upon the public lands and our acres of our national forests are at high risk try but because of gold, gold in the of catastrophic forest fire. Active manage- Government and the politics of the public lands said: Stay off the land. Carlin Trend; mining, high-priced jobs ment is the single most effective tool for re- being paid to thousands of men and ducing the risk of wild fires and protecting Don’t cut a tree. The mills closed or nearby communities, as well as maintaining the mill is closing or the mill is at women in the mining industry. So forest health and limiting the spread of in- risk. Those people are unemployed. when we battle on that issue, the Sen- sects and disease. They cannot identify with a job in ator from Nevada and I stand arm in The WCIW urges you to support land man- the high-tech industry. Why? Each of arm. But when we try to work on a rea- agement policy that provides an adequate them would have to move 100 miles and sonable and responsible forest manage- balance for all concerns—environmental and uproot their family and they would ment plan that allows some tree cut- economic. Please support the current fund- ting, I am tremendously frustrated the ing levels in the FY 2000 Interior Appropria- have to be retrained and educated. A tions bill and oppose any effort to cut fund- 45-year-old man does not want to do Senator from Nevada and I cannot ing for these important active management that. He cannot understand, if we are stand arm in arm on that issue also. programs. growing five times more trees than we It is an issue of jobs. It is an issue of Thank you for your consideration. are cutting, why we cannot at least right and responsible ways of managing Sincerely, create a balance in a program that will our forests. It is political. I am sad- MIKE PIETI, afford him or his son, who is grad- dened that it is. Executive Secretary-Treasurer. uating from high school and does not The substitute amendment transfers want to go on to college, a job in the $10 million of the reduction that I have UNITED BROTHERHOOD OF talked about, $34 million in timber CARPENTERS AND JOINERS OF AMERICA, forest products industry. Washington, DC, July 21, 1999. While the national average unem- funds to pay for surveys on rare spe- DEAR SENATOR: On behalf of the United ployment rate hovers at around 4 per- cies. I do not think that is responsive Brotherhood of Carpenters and Joiners of cent, more than 30 forest-dependent to the problem of the unreasonable America, I urge your support for the federal counties have three times that rate. wildlife survey requirements in the timber sale program as the Senate debates Over a dozen forest-dependent counties President’s Northwest Forest Plan, the Fiscal Year 2000 Interior Appropriations have an unemployment rate of 16 per- which we discussed in this body last bill. Additionally, I urge you to oppose any cent. I believe the Bryan amendment week. harmful amendment that seeks to reduce First of all, the Forest Service tim- timber sale funding. will bring even further economic harm The livelihoods of U.S. forest products to the people of those rural areas. ber sale budget is what pays for the workers—including tens of thousands of our When I first got here in 1981, there surveys. Thus, rather than a $10 mil- lumber, sawmill, pulp and paper workers— was a mantra about the debate on the lion increase for this purpose, the net rely on Forest Service programs that pro- forest products industry and about for- effect of this proposal is a $24 million mote active management. Timber harvests est management: Take away a few jobs decrease. So we give them not even a on federal lands have fallen by almost 70 per- and we will replace them. We will re- half a loaf. We give them a quarter of cent over the last decade, resulting in mill place them with tourism and recre- a loaf. closures and job loss. Further reductions in Second, the Clinton administration funding for the federal timber sale program ation. It was America wanting to go to will only exacerbate the economic devasta- the public lands to enjoy the environ- has agreed that many of these surveys tion to working families and rural commu- ment of the public lands. should not be done; indeed, many can- nities. Also reductions in timber supply con- To some extent that has happened not be done. That is precisely why the tinue to contribute to the rising U.S. trade but only to a minor degree compared to administration is writing an EIS in an

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10760 CONGRESSIONAL RECORD — SENATE September 13, 1999 attempt to change these requirements. The PRESIDING OFFICER. The Sen- The program objective for the timber Unfortunately, timber sales are en- ator from Arkansas is recognized. sales program is ‘‘a sustainable yield of joined until the EIS is completed. Mr. HUTCHINSON. Madam Presi- forest products that contributes to I happen to agree with the editorial dent, I thank the Senator from Idaho meeting the Nation’s demands and re- statement this past Sunday in the for clearly laying out the issues in this storing, improving, or maintaining the Portland Oregonian, the largest and debate, and I associate my remarks forest ecosystem health.’’ Yet the most respected newspaper in Oregon. with his. amendment before us reduces the fund- The Oregonian correctly notes that: I rise to strongly speak against the ing level when more than 40 million The surveys of rare species of ani- Bryan-Wyden amendment for a variety acres of our national forests are at mals and plants required in the North- of reasons but, most importantly, be- high risk of catastrophic fire due to an west Forest Plan are ‘‘technically im- cause it simply does not support accumulation of dead and dying trees possible’’ and [they use the right word] healthy and sustainable national for- and an additional 26 million acres are ‘‘preposterous. . . .’’ ests. Many Senators, I suspect, will at risk of insect and disease infesta- The Senate didn’t use the word ‘‘pre- speak today claiming this reduction to tion. posterous,’’ but last week the Senate the Timber Management Program We have a crisis now; we risk a catas- said no to the judges; they are not makes sound fiscal and environmental trophe. We have level funding in the going to let the judges in the Eleventh sense. appropriations bill before us, and the Circuit and the Ninth Circuit write pol- From my perspective as an Arkan- amendment suggests we should cut icy. That is our job. That is what we san, as a Senator from Arkansas, I can even further in a program that has not are elected to do. They are appointed tell you that is far from the truth and the resources to do the job it has been to interpret the Constitution and not that there are 35,440 workers in my charged with doing as it stands. to write timber policy. The Oregonian home State who make up the forest The addition of Senator WYDEN as a calls it ‘‘preposterous.’’ The Oregonian products industry who strongly oppose cosponsor of the amendment, the sec- further describes the requirements as: this amendment. If our forests are not ond-degree amendment, only exacer- . . . a poison pill—a way to block all log- healthy and if we continue to ignore bates the problem that the underlying ging and prevent the plan from working as it the problems facing these public lands, was designed. amendment creates in shifting an addi- we run the risk of jeopardizing these tional $10 million out of timber man- Yet we want to put more money into jobs and the future health and sustain- agement and moving it to the North- that. It makes no sense to spend $10 ability of our Nation’s forests. west. This impacts every national for- million for a prescription for a poison During the August recess, I met with est, every timber management program pill or for preposterous survey proce- the Forest Service on the Ouachita Na- in the Nation. It dilutes what can be dures. This Congress should not spend tional Forest in Arkansas. Sometimes done in those areas where they are al- 10 cents in what I believe is a most in- our distinguished Senators from the ready suffering, where they are already appropriate fashion. West forget that there are national for- That is the foundation of the debate short to move additional resources be- ests all across the South, and in the as I see it. I believe that is a reasonable cause of the situation faced in the State of Arkansas, I say to my good interpretation of why we are on the Northwest. I think that is wrong. It is floor today. I know of no other. At a friend, the Senator from Oregon, we not economically or environmentally time when we have reduced the overall have two large national forests, the advisable. timber program in this country by 7 Ouachita National Forest and the The debate today will speak about percent, we have reduced employment Ozark National Forest. doing right by the environment. How In a meeting with the National For- by almost 50 percent, and we have dra- can you justify reducing a level-funded est Service on the Ouachita National matically transformed the rural land- program that is dealing with millions Forest last month, I discovered, be- scape to communities of unemployed of acres of land that are too crowded cause of decreasing budgets in the tim- people and empty homes. That is the for new and healthy trees to grow? ber sales account, they are doing only policy of this Government at this time. We will also hear talk today about one-third of the vegetation manage- And somehow we want to perpetuate how the Timber Management Program ment required by the forest plan. So that or increase it? I think not. is antienvironmental or environ- The only explanation possible that I forgive me if I find it ironic that this mentally destructive. That is not what believe is reasonable and right is the second-degree amendment, the sub- I have seen in the management that is politics of it. We are on the floor today stitute amendment, would shift $10 being done in the Ouachita, the Ozark, because the National Sierra Club and million from the Timber Management St. Francis National Forests in Arkan- others said we ought not be cutting Program to the surveys in the North- sas. Our national forests are adding 23 trees on public lands at all, zero, end of west when, in the State of Arkansas, in billion board feet each year. While 3 statement, not to improve health, not our national forests, they are only billion board feet are being harvested for fire prevention, not to create vi- doing one-third of the vegetation man- each year, 6 billion board feet die each brant and youthful stands just do not agement required by the forest plan. year from insects, disease, fire, and cut them at all; let Mother Nature be Because of the severe erosion of fund- other causes, and the amendment be- our manager. ing that the Senator from Idaho has al- fore us will only make that situation That is not good business. We know luded to, the forest is unable to achieve worse. that is not good business, especially the desired future conditions required The majority of the timber sales in when man, for the last 40 or 50 years, for a healthy and sustainable eco- the program are done for other eco- has put out all the fires and not al- system. Extremists, litigation, appeals, system objectives—improving habitat lowed Mother Nature to manage. Now or lack of public support did not bring for wildlife, reducing fuels that may in- when she has an opportunity to man- about this crisis. It is the result of a crease fire risk, especially in the urban age where there are 50 trees instead of misguided effort by the administration interface areas, combating insect and 5—that would have been true 100 years to reduce timber harvests without tak- disease infestations, and improving ago—we create monstrous wildfires ing into consideration the real impacts true growth for future timber. that not only destroy the stands but on the conditions of the forests and the We cannot ignore the contributions scald the land and make it sterile and communities associated with these na- that the Timber Management Program nonproductive for decades to come. tional forests. makes each year, even if it might That is where man has to step back in The Timber Management Program is sound politically advantageous. The as a good steward, a right and respon- funded at a level equal to the fiscal byproduct of a healthy, sustainable sible steward, for all of the environ- year 1999 funding level. There was level timber program is equally as impor- mental reasons, the water quality rea- funding before this amendment. Before tant as healthy rural communities. sons, and the wildlife habitat reasons these additional cuts, there was level The timber sales program generates re- for which we manage a forest. funding, no increase, and yet the de- gional income of $2 billion—over $2 bil- I yield such time as is required to the mands on the program have increased lion; in fact, $2.3 billion—in Federal in- Senator from Arkansas. dramatically. come tax receipts. Seventy percent of

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10761 the timber from national forests is sold erra Club, which, much to their credit, tional arguments and get into what is to small businesses that could be has come out wholeheartedly and said: good for the forests, what is good for forced to close their doors if we support We want to terminate harvesting in the health of the forests. You clear out further reductions to the program. the national forests, all of the national the diseased trees. You encourage pro- A $1 million reduction in the timber forests. grams that eliminate fire hazards. sales program on the Ouachita, Ozark, They make no bones about it. That is I have worked with Senator BRYAN or St. Francis National Forests simply just a fact. and his colleague from Nevada on min- means 10,000 acres of forest designated The justification for Senator BRYAN’s ing legislation which is important to for treatment by the forest plan will go amendment, which would timber pro- his State and important to Western untreated. That is what it will mean: a gram in the committee bill by $34 mil- States, important to my State of Alas- $1 million reduction, 10,000 acres that lion, leads to the environmental agen- ka. I am disappointed that he has seen will go unmanaged, untreated. Perhaps da, the agenda of the Sierra Club that fit to again take this issue on to reduce that is the goal. Perhaps that is the wants to terminate harvesting in na- by $34 million the Committee’s rec- backdoor objective of such an amend- tional forests. ommended timber program. I recognize ment. The byproducts—round wood and The amendment isn’t what it appears that is not a big issue in his State. But saw logs —will be unavailable. Commu- to be. While I am sympathetic to my I think it basically addresses a policy nities will lose 500 years of work and friend from Oregon and his efforts to within this administration that has over $15 million from the local econ- redirect $10 million to wildlife surveys prevailed for some time, and that is to omy. in the Northwest, I again think we oppose resource development on public By any reasonable standard, the U.S. ought to go back and recognize where lands, whether it be grazing, whether it forest practices are the best in the the objection is. The objection comes be oil and gas leasing, whether it be world, ensuring forests are regenerated from national environmental groups mining, and certainly in the case of and that water quality and wildlife who are opposed to logging in the na- timber. habitat are protected or enhanced. De- tional forests. The policies of the Clin- I would like to communicate a little creasing this program is wrongheaded. ton administration relative to logging experience that we had in Alaska rel- It will only set us back environ- in the national forests are evident, but ative to studies and the resource man- mentally. It will surely negatively im- the justification to support that is very agement associated with the wildlife of pact us economically. lacking if we look at the facts. the forest and to suggest to the Sen- I suggest we do the right thing and The facts are that there is currently ator from Oregon that these challenges support no less than level funding for almost 250 billion cubic feet—more on the adequacy of wildlife studies this important program and oppose the than 1 trillion board feet—of volume of seem endless. You no sooner get a pro- Bryan-Wyden amendment. standing timber in the national forests. fessional opinion on the adequacy or I thank the chairman. I yield the That is a significant amount—250 bil- inadequacy of a certain species within floor. lion cubic feet of volume. The annual the forest, and if it is unfavorable to The PRESIDING OFFICER. The Sen- growth—that is the growth that occurs those who want to terminate logging in ator from Idaho. every year—is about 23 billion board the forest, they simply go to a judge, Mr. CRAIG. Madam President, I yield feet. get an injunction, and suggest that the the chairman of the full Committee on Do you know what we are cutting, study was inadequate and lacked the Energy and Natural Resources, Senator Madam President? We are cutting thoroughness that it needed. MURKOWSKI, such time as he may con- somewhere between 2.5 and 3 billion Let me tell you a little story about sume. board feet. What is the justification in what happened in Alaska. The PRESIDING OFFICER. The Sen- the sense of forest management prac- We had the U.S. Forest Service in- ator from Alaska is recognized. tices and the forest health when clear- volved in what they called the TLMP, Mr. MURKOWSKI. I thank the Chair. ly the forests are not in danger of being the Tongass Land Management Plan. Madam President, let’s start with overcut? The regrowth at 23 billion They spent 10 years to develop a plan. some facts because what is appropriate board feet each year, compared with They spent $13 million. Previously, we is to recognize just what the current the cut of 2.5 to 3 billion board feet, had been cutting about 420 million policy of the administration is towards clearly shows we are growing timber board feet a year. The TLMP came the U.S. forests managed by the Forest faster, much faster than we are cutting down, after this 10-year study and $13 Service. it—in fact, about 7 to 8 times faster million, and cut it, the allowable cut, Clearly, as we look at where we are than we are cutting it. As evidenced by to 267 million board feet. today, as this chart shows in the dark this chart, the mortality now is ex- What happened as a consequence of purple, the U.S. Forest Service volume ceeding what we are cutting in com- that? We lost our only two year-round sold, vis-a-vis the annual mortality— mercial timber. manufacturing plants in our State. The the annual mortality are those trees Good forest management practices Sitka and Ketchikan pulpmills, the that are dead or dying—that in the would indicate something be done combined workforce, plus those in the years 1990, 1992, 1994, 1995, 1996, 1997, about the dead and dying trees that are woods, amounted to some 3,400 jobs, 1998, the annual mortality, compared infested with the spruce bark beetle most of which were lost. with the volume sold—and that is evi- and so forth, and that a program be ini- What was the forest health issue re- dent by the green spheres that come up tiated so healthy trees grow back in garding this reduction? All the timber through the chart—the mortality has again. But, again, these decisions are in the Tongass, as most Members who exceeded the commercial volume sold. not being made by those responsible for have been up there know, is old growth The suggestion is, what has happened forest health, professional forest man- timber. But what they do not realize is to forest health? agers. They are being made by environ- that 30 percent of that timber is dead You have to manage for forest health mental groups, and they are being or dying. It has no other use than wood based on professionals, professionals made on the basis of emotional argu- fiber. So it is put in the pulp mills. who are trained and have committed ments. Without the pulp mills, we have no their lives to best forest management You should recognize the reality that utilization of that timber. Much of practices. timber is a renewable resource that can those logs are now ground up in chips What we have in the debate that is be properly managed, as evidenced by or exported to Japan or out to pulp occurring on this floor is a debate over the existing volume that we have in mills in the Pacific Northwest. emotions, the emotions over whether this country, 250 billion cubic feet in Let me go back to the Tongass Land timber, trees, a renewable resource, the national forests—and I will repeat Management Plan where they cut the should be harvested or not. it again—with 23 billion board feet an- sales level from 420 million board feet We have heard the Senator from nual growth, and the realization we are to 267 million board feet. Within 9 Idaho expound a little bit on the atti- only cutting 3 billion board feet a year. months, the administration, after tude prevailing in the U.S. environ- We certainly need some changes. The spending 10 years and $13 million, de- mental groups, and particularly the Si- changes need to move off the emo- cided that volume of 267 million board

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10762 CONGRESSIONAL RECORD — SENATE September 13, 1999 feet was too high. So they cut it arbi- There being no objection, the letter thinning programs, which are needed trarily, without any public hearing, as was ordered to be printed in the for the growth of new trees. What the a consequence of pressure from na- RECORD, as follows: Forest Service has become is a custo- tional environmental groups who used SOCIETY OF AMERICAN FORESTERS, dial management agency. They don’t an emotional argument, and also the Bethesda, MD, July 26, 1999. know where they are going. They are reality that maybe the easiest place to Hon. TED STEVENS, torn between past leaders that used to terminate harvesting in national for- Chairman, Committee on Appropriations, make decisions on the basis of what is ests is in Alaska. We have two Sen- Washington, DC. best for forest health, and the new gen- ators and one Congressman. Alaska is a DEAR MR. CHAIRMAN: It has come to our at- eration that is directed to a large de- tention that Senator Bryan may offer an long way away. Nobody can go up and amendment or amendments to the Interior gree by national environmental groups look at it and recognize that we have Appropriations bill designed to significantly that want to terminate harvesting in cut less than one-tenth of 1 percent of reduce the amount of funding available for the national forests. the Tongass forest in Alaska over the the Forest Service Timber Sale program or It is OK if you are from a State that last 40 years and that our regrowth is its Roads program. We believe this would be has large private holdings. Washington 10 times what we have cut. They want a mistake. State has a number of large private While we are sure that Senator Bryan is to terminate harvesting, and the land companies. It is OK if you have well intentioned in his efforts, he may not large State-owned forests. But if you Tongass national forest in Alaska is a understand the significant contributions the good place to start. So they came back are in my State of Alaska, where the timber sale program makes to improving our Federal Government, the U.S. Forest and cut the proposed allowable sales national forests. The Fiscal Year 1998 Report level from 267 to 178 million—no public of the Forest Service states ‘‘today, national Service—the entire Tongass National hearings, no input, no further studies. forest timber sales are designed to incor- Forest is owned and managed by the They spent, again, 10 years and $13 mil- porate multiple objectives, including insect Federal Government—you have a dif- ferent set of circumstances. Our com- lion for the first study, and they and disease prevention and control, wildlife habitat management, fuels treatment, and munities are in the forest. Our State weren’t satisfied with it. reconstruction or construction of roads need- capital, Juneau, towns like Ketchikan, So I say to my friend from Oregon, ed for long-term access.’’ Foresters in the don’t be misled by the question of the Wrangell, Petersburg, Haines, private and public sector design timber sales Skagway, Sitka, all are in the forest. adequacy of wildlife studies in the Pa- for purposes in addition to producing timber. People live in the forest. They were cific Northwest. On the goshawk, we in There are many examples of timber har- under the assumption they would be Alaska are now under a challenge, on vests that benefit other resources. For exam- able to work with the Federal Govern- an issue we thought we had behind us ple, the July 1999, edition of the Journal of ment, when we became a State in 1959, because several years ago we had a Forestry has an article called ‘‘Designing Spotted Owl Habitat in a Managed Forest.’’ to maintain, on a renewable basis, an challenge on a threatened and endan- The article describes how to harvest trees industry base. They recognize that in gered species, the goshawk. The U.S. and manipulate the forest for the benefit of our case our forest, as an old-growth Fish and Wildlife Service spent several spotted owls. Natural resource management forest, is in the process of dying. Thir- years working with the Forest Service professionals can produce forest products ty percent of that timber is dying. to do an evaluation, and the U.S. Fish and healthy forests; they just need tools like I had an opportunity to fly over some and Wildlife Service came to the con- the Forest Service’s Timber Sale program to of the Northeastern States over the re- accomplish their goals. We can harvest trees clusion that the goshawk was not cess, Maine and other areas. I noted threatened by the timber harvest pro- from the forest and still leave behind quality conditions for wildlife. that they have a healthy timber indus- gram in the Tongass. We thought we We are also very concerned about a pos- try, managed, if you will, to a large de- had that issue behind us. We didn’t. sible reduction in funding for the Roads pro- gree through the private holdings of Environmental groups—from the gram. The Forest Service estimates that landowners and corporations and the Southwest, I might add—petitioned the they have a $10 billion backlog in road main- State. They have jobs. They have pulp judge on the adequacy of the U.S. Fish tenance. Now is not the time to reduce fund- mills. They have a renewability. Yet and Wildlife Service evaluation of the ing for these important forest assets that we are strangled by policies that are goshawk study and the judge said, go can turn into environmental nightmares without proper design and maintenance. dictated by environmental groups, that back and do it again. If you can’t de- Thank you for your consideration and your are dictated by Members from States pend on the best experts to come to a support of professional forestry. who have no interest in the national conclusion, then this is simply an Sincerely, forest from the standpoint of those of open-ended effort by either bureau- WILLIAM H. BANZHAF, us who are dependent on it in the West crats, or environmental groups, or both Executive Vice President. and particularly in my State in Alas- to terminate harvesting in the national Mr. MURKOWSKI. Madam President, ka. forests. That is what has happened as a I urge the Congress to support the sig- Finally, I ask that my colleagues re- consequence of the attitude of this ad- nificant contribution that the timber flect that this amendment would really ministration towards timber har- program, even though it is in decline, reduce the tools the Forest Service has vesting. has been making to improve the na- available for stewardship activities, Again, we have 250 billion cubic feet tional forests. tools that improve forest health and of volume standing in the national for- Again, recognize that the program is improve wildlife habitat and improve ests of the United States. The annual smaller than a few years ago. The other forest ecosystems as well. Don’t growth is 23 billion board feet. We are BRYAN amendment would continue this be misled by the objective of those who harvesting between 2.5 and 3 billion harmful slide, because the ultimate ob- have a different agenda with regard to board feet. We are regrowing seven to jective is to terminate harvesting in the national forests. Let us recognize eight times our annual harvest. Yet we the national forests. The redirecting of that forests live and die. With proper have those who would say the forest timber funds to wildlife activities in management, they can yield a bounty program is being subsidized. There is support of timber still has the same of prosperity, a bounty of renewability. no realization of what timber sales and negative effect. That negative effect But we have to have the recognition related roads offer in providing access has been highlighted by my friend from that those decisions with regard to the for timber, availability to the public, Idaho, as he discussed the effects of a forest are not going to be made by the jobs, payrolls and communities. The reduction in the timber program. politicians in this body. They are going proposal by Senator BRYAN would re- What we are talking about on this to be made by those professionals who duce the program about 13 percent chart is that there is more timber are prepared to put their reputation be- below the current 1999 program level. dying than is being cut. That is the hind their recommendations or, for I am pleased the Society of American harsh reality of where we are. What that matter, the other way around, and Foresters opposes the amendment. I be- kind of forest management practice is do what is best for the forest. The lieve that letter has been introduced in that? It is a preservationist practice. Bryan amendment certainly does not the RECORD. If not, I ask unanimous What is the role of the Forest Serv- do this, by cutting funding for timber consent that it be printed in the ice? Habitat management? Stewards of sales and roads, and hence, decreasing RECORD. the forest? They are not aggressive in the timber program.

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10763 I yield the floor. timber sales to bring that number up the national forests have cost the Mr. BRYAN. Madam President, dur- to about $228 million. My friend from American taxpayer $1.5 billion. So ing the course of the debate, the Sen- Arkansas was talking about the need there is another issue out here to be ator from Idaho propounded to the Sen- for forest health and to do a lot of debated in terms of the public policy. ator from Nevada a query as to how I things. Those are totally different ac- The Bryan-Wyden amendment does not could be supportive of this amendment counts. We are talking, on the one eliminate but simply reduces to the and then made reference to the fact of hand, of reducing to the level of the level of the Presidential recommenda- Lake Tahoe, with all the problems we President’s recommended appropria- tion in terms of the appropriation. have in Tahoe. My own previous state- tion the commercial timber sale ac- If the Senator from Idaho were inter- ments on Tahoe indicated the extent of count of $196 million and to add $32 ested in seeing the problems more ade- the devastation that has been caused million to that account. What the ap- quately addressed, he would favor re- with dying trees and timber. propriators did was to reduce by $11 ducing the amount of the commercial To suggest that somehow increasing million the road maintenance account. sales and restoring the $11 million that the commercial harvesting of timber It is the road maintenance account was stripped from that account. We would in any way ameliorate the prob- that helps to alleviate the erosion and need far more dollars in the road main- lems we face at Tahoe would be a to- the other adverse environmental con- tenance account, in which the backlog tally spurious argument. The problems sequences that attach to the neglect of is over $3 billion. at Tahoe are compounded because we that maintenance. The testimony is So every attempt to reduce the had a 7-year drought, the most pro- that the Forest Service would need $431 amount of the road maintenance ac- tracted in recorded memory, and as a million a year for road maintenance count and add money to the new con- result, the forest became very vulner- alone, that there is a total backlog of struction account makes the situation able to infestation from beetles that $3.85 billion in road maintenance. By much worse. I argue that the more pru- ultimately killed vast amounts of trees rejecting the Bryan-Wyden amend- dent and rational public policy is to in the Tahoe Basin. So adding to the ment, you make that backlog even deal with neglected road maintenance commercial harvest would in no way longer because the appropriators have and provide additional money in that help. stripped $11 million from that account. account rather than to add to the com- Secondly, with respect to Tahoe, we Now, every mile of new construction mercial sale account. I wanted to make are reaping a whirlwind of practices adds to that backlog because under the that point for the record. that involve the extensive cutting of law, once the harvesting operation has I yield the floor. road network to the Tahoe Basin. The been completed, the timber harvester Mr. WYDEN addressed the Chair. clarity of the lake is declining rapidly. has no responsibility for the mainte- The PRESIDING OFFICER. The Sen- This is a lake that Mark Twain rhap- nance of that road. That, then, is left ator from Oregon is recognized. sodized about. John C. Fremont, on to the Forest Service and the American Mr. WYDEN. Madam President, this Valentine’s Day in 1844, was the first taxpayer. We already have 380,000 miles has been an important debate—impor- European to see Lake Tahoe, and per- in the National forests. As I com- tant for the Northwest and important haps that date has some significance mented in my opening statement, that as it relates to the direction of the For- because those of us who live in Nevada is more mileage than we have on the est Service. have had a love affair with Lake Tahoe interstate system in America. I think my colleagues on the other ever since. The things my friend from Idaho was side of the aisle would be surprised to The problem in Tahoe is exacerbated talking about, in terms of fire burns know that I agree with a number of the because of this road network that was and removing dead timber, have noth- things they have said about the Forest built throughout the basin during a pe- ing to do—absolutely nothing—with Service not knowing where they are riod of intense harvesting in the last the commercial timber sale account. headed. Frankly, I have made much century. The timber at Tahoe was used Those activities are included in other stronger statements than that in the for the great mining activities of Vir- accounts, such as the Wild Land Fire last few days. It is very clear in the Pa- ginia City. But it is instructive and Management Act. So I think we have a cific Northwest that the Forest Service helpful because the primary contrib- confusion here as we debate these is just flailing around. uting factor to the erosion that is caus- issues. The chairman of our subcommittee ing the deterioration of waters and The Bryan-Wyden amendment would and I both read these Oregonian edi- clarity is the runoff from these old simply reduce to the level of the pro- torials talking about blame with re- roads, and road maintenance is what fessional managers’ recommendation spect to gridlock in the forests. In the we need so desperately. in the Forest Service the commercial Northwest, the Oregonian, our news- So I say that my friend from Idaho timber sale account of $196 million and paper, editorialized that: confuses the issue when he talks about would restore, essentially, to the envi- Forest biologists searching for signs of the the problems at Tahoe and the thrust ronmental accounts and road mainte- rare mosses listed above ought to look under of the Bryan-Wyden amendment, which nance accounts much of that money the backsides of the federal officials man- is simply to take about $32 million that was taken out. That is where the aging the forest plan. That seems a rel- from the commercial timber operations management practices need to be ad- atively undisturbed habitat. and reprogram those into some ac- dressed. That is the focus. That is I think it is fair to say that those counts that include road maintenance where the environmental problems are Forest Service officials knew for years and fish and wildlife management. —road maintenance and fish and wild- they had to go forward with survey and Let me make the point about road life habitat. management in a responsible fashion maintenance, if I may, again. The In effect, what the appropriators did and haven’t done so. So I think the Bryan-Wyden amendment does not is to strip those accounts and reduce comments that have been made by the eliminate commercial timber sales in them substantially to add to the tim- chairman of the Forestry Sub- the national forests. My friend from ber sale account. There is no benefit to committee, Senator CRAIG, and the Alaska referenced that we should allow the environment at Lake Tahoe by in- chairman of the full committee, with professionals to make the determina- creasing the commercial timber sale respect to the Forest Service not tion as to how much harvesting should accounts. That simply does absolutely knowing where it is going, are ones occur. That recommendation is in- nothing for us at all. So I wanted to that I largely share. cluded by the managers of the Forest clarify the RECORD where my friend But where we have a difference of Service, and they recommended a num- from Idaho has confused it. The Sen- opinion and where I think the Bryan- ber of $196 million. That was in the ator from Nevada is being absolutely Fitzgerald-Wyden and the substitute President’s recommendation. consistent. help to bring together colleagues on Now, what the appropriators did was, I might just say, in terms of the both sides of the aisle is that the his- they stripped out $34 million from road broad public policy, the General Ac- tory of the last few years demonstrates maintenance and fish and wildlife ac- counting Office concluded that, from very clearly that just spending more counts and added that back into the 1992 to 1997, the commercial sales in money on the timber sale program

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10764 CONGRESSIONAL RECORD — SENATE September 13, 1999 doesn’t help these rural communities ophy of both of the approaches that athletics and ask all of their high either from an economic standpoint or have been debated on the floor of the school and grade school students to from an environmental standpoint. U.S. Senate. I happen to agree with brown bag all the time. The fact of the matter is, Madam Senator GORTON and Senator CRAIG You say: What does this have to do President and colleagues, for the last that the survey and management pro- with this debate? What does this have several years this Congress has author- gram has not worked. The Forest Serv- to do with cutting trees in the national ized a greater expenditure for the tim- ice has dawdled. They have known forests? It has a great deal to do with ber sale program than the President of what they were supposed to do for these communities that are timber de- the United States has called for. some time. pendent because 25 percent of the This Congress has appropriated more We can read editorials to each other stumpage fee that comes from a Fed- funds for the timber sale program, and for many hours to compete for who is eral timber sale goes to the local com- the fact is the problems in many of the toughest on the Forest Service. munities for their schools, their county these rural communities in the West, But the fact is they haven’t known roads, and their bridges. from an economic and environmental where they are going, and we are going That is historically what we believe standpoint, are getting worse. to try to get them on track. But this is a fair treatment of those commu- So I think the notion that throwing amendment is the very first effort in nities that oftentimes house the more money at the timber sales pro- the Senate to put them on track in a loggers and the mill employees and the gram is going to address the needs of way that locks in the additional money executives of the timber companies and these rural communities is not borne they need with a specific timetable and the Forest Service but have no private out by the events of the last few years. a blueprint for ensuring account- land base because all of the land What needs to be done—and what ability. around them is public land, and they Senator BRYAN and Senator FITZ- I think for that reason it is abso- should share in the revenue flowing GERALD and I are trying to do—is to lutely essential that we pass it. I think from that public land. Those are what put in place a program with real ac- it will give us an opportunity to go for- we call timber-dependent communities. countability. ward in the days ahead, which is what The Senator and I worked to try to My colleague from Idaho talked we are going to try to do in the over- resolve that issue. We are very close to about the need for accountability of sight hearing that Chairman CRAIG is what I think is some tremendously the Forest Service. The chairman of holding on Thursday. positive and creative thinking that re- the full Senate Energy Committee has I am very hopeful that those Mem- sults from, hopefully, minds coming to- correctly said more emphasis needs to bers of this body who understand how gether out of conflict to bring resolu- be placed on oversight. The fact of the wrong it is for the courts to make for- tion. I am fearful this amendment does matter is that under the Bryan-Fitz- estry policy and how important it is to not do that. I say that because while gerald-Wyden amendment, for the first have a balanced approach that will tie the Senator suggests that he prescribes time the Congress will put in place a additional funding with account- deadlines by which EISs ought to be program in the survey and manage- ability—and a recognition that there is done, this administration and this For- ment area which has essentially shut more to this than appropriating addi- est Service isn’t talking anywhere near down the forests and that will have tional funds for the timber sale pro- that. They are suggesting the deadline real accountability. Under our amend- gram—will support our bipartisan for a draft EIS ought to be in February ment, the survey and management amendment. and that the final ought to be in June draft environmental impact statement I gather we will not have a final vote for the EISs we are talking about for will have to be completed by November on this amendment until tomorrow, these sales. Whether you could expe- 15 of this year, and the final version of and perhaps we will hear from some ad- dite that, I am not sure. that impact statement would have to ditional colleagues. But I am very The one thing we want to be very be published by February 14 of 2000. hopeful, regardless of how a Member of careful about in light of the environ- That is allowing for public comment. this body voted on those Robb amend- ment in which we are doing these kinds That is accountability. That is giving ments or felt about the original section of EIS’s and studies is that the work be some direction to the Forest Service on 329, the Gorton language, that they done right. As the Senator from Oregon the key issue that has in effect shut will see what Senator BRYAN and Sen- and I know, the judges and the environ- down the forests in our part of the ator FITZGERALD and I are trying to do, mental communities will be like vul- country. which is pull together an approach that tures hovering over each one of those So the choice is, do we do business as will give the Forest Service some di- efforts to fine pick every bone to make we have done in the past, which is to rection, give them some account- sure the work is done well. throw money, for example, at a par- ability, and do it in a responsible fash- Accelerating some of those studies ticular program, the timber sale pro- ion. could put at risk—I am not saying gram, or do we try, as the Bryan-Fitz- I yield the floor. ‘‘will,’’ but I think we need to be very gerald-Wyden amendment does, to tie The PRESIDING OFFICER. The Sen- cautious at this moment as we try to that amendment to dealing with the ator from Idaho is recognized. wrestle through this very difficult pol- key concerns that have shut down our Mr. CRAIG. Madam President, I icy issue between whether the Eleventh forests and put in place real account- thank my colleague from Oregon. We Circuit is right or whether this Con- ability in the process? have worked closely together for the gress will finally get aggressive enough Beyond that, I think the only other last number of months to try to resolve to lead in changing the law in a way major difference I have, as some of our a variety of timber issues and conflicts that we will not have our judges ad- colleagues on the other side of the that have brought some of our rural ministering forest policy through their aisle, is that they have correctly said communities to their knees. own whim, be it law, or, in many in- they don’t want the courts to make Those are communities that not only stances, be it their politics as applied forest policy. Section 329, as it stands in many instances have lost jobs in the to the law that causes Eleventh Circuit in this bill, is a lawyer employment sawmills that I have talked about in or Ninth Circuit judges to do what they program. This is going to be a huge bo- my opening comments, but these are have done recently that the Senator nanza for lawyers as it stands in its communities that also lost their mon- from Oregon is so worried about, and present form. eys to run their schools. that I, not only as the Senator from That is why I am hopeful that col- My colleague from Oregon has com- Idaho but as chairman of the Sub- leagues, regardless of how they feel munities that only go to school 4 days committee on Forests and Public Land about section 329 in its original farm, out of 5 days of a week because they Management, literally go into the tank regardless of how they voted on the have no more money to run their buses because the Congress of the United Robb legislation earlier, will see that and to keep their schools open. I have States has been unwilling to lead in the approach that Senator BRYAN and communities in my State that are now this area and establish well-based pol- Senator FITZGERALD and I are talking debating over whether to put their icy that we can effectively defend and about tries to borrow from the philos- money in the hot lunch program or are willing to defend. That is part of

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10765 the problem we are dealing with, and I Record. The Senator and I should clar- Indeed, with respect to some of the hope the work of the Senator from Or- ify this. This is the document from the prescribed burn and other forest prac- egon and me results in that. Forest Service. The account the Sen- tices the Senator talks about, I think Let me make a final comment to the ator amends and takes $34 million from we are in agreement that clearly there Senator from Nevada. It was not my is the account from which the steward- are things that need to be done to thin intent to make an inaccurate state- ship programs from the Tahoe Basin out some of the underbrush. Those are ment. As chairman of the Forests and are funded. There is not a line item taken care of in other accounts such as Public Land Management Sub- specific to the Tahoe Basin that I know wildlife fire management and a forest committee, I have spent the last sev- or that we can find in any research. If land vegetation program. eral years and 45 hearings looking at the Senator would clarify that—I think There are a host of programs that are every aspect of the forest management by accident he may well be cutting out line item. The two I just mentioned, of our country to try to understand it. the very moneys he has fought so hard the wildlife fire management account I have examined, not in person and not to get to begin to ensure the forest and the forest land vegetation manage- on the ground, but all the studies of health or the improved health of that ment program, are where some of the the Tahoe Basin problem. I recognize basin area. controlled burns and thinning occur. the basin problem is a combination of In our stewardship analysis of the ba- Those are the programs, from our point things, particular to forest density, sins that are in trouble around the of view, that have a priority over the that has resulted in dead and dying Intermountain West, and primarily the Senator’s priority which would lead to timber and drought environments of Great Basin environment of the West— an increased commercial operation. the kind discussed. This has created because that is where fire is a critical That is where the Senator from Ne- the negative habitat today that tool—let me read again from the arti- vada comes from. changes the character of the lake’s cle ‘‘One spark from a disaster.’’ Mr. CRAIG. I thank the Senator for water quality because of the runoff. I On adjacent lands just above the national responding. also understand that this creates phe- forests the trees remain vigorous and It is important to understand that nomenal bug problems with dead and healthy with a similar history of early forest one third of that fund still goes to clearing followed by fire suppression. These stewardship. That is not just commer- dying trees because the ground cannot stands have escaped the bug infestation and support the base. the high mortality of the lower basin area cial activity. That is thinning and As the Senator from Nevada and I [which is Federal land]. These privately cleaning. know in looking at computer models, owned timber lands were intensively man- Also, it is important for the Senate before European man came to this con- aged to ensure vigor and high productivity. and the Record to show we increase tinent, many of the acreages we are Unlike the Federal forest lands, private road maintenance by $10 million this talking about were sparsely timbered timberland managers responded to the bot- year over last year. There was a rec- tom line and protected their forest assets ommendation of $20 million; we in- and were much more pastoral. That over time. was partly because of fire moving creased it by $10 million. There has My point is, what the Senator has ap- through the habitat, creating a mosaic been an actual net increase of $11 mil- propriately advocated in getting into of young and old alike. The Tahoe lion, and a fair amount goes to the the basin, to change the way it is man- Basin changed when we became the Tahoe Basin. aged, to bring stewardship programs to stewards of the land and put out the So the Forest Service is responding. do the thinning and to do the selective fires. We believe the committee and the ap- burn, absolutely has to be done to re- The Senator from Nevada and I both propriators were responsible, going in store the vigor, to create an ecosystem agree on the condition of the Tahoe the right direction. What I think is im- that is less dependent on moisture, so Basin. The point I am trying to make: portant to say is that there were no it can handle itself through the kinds What the Senator is doing is, in fact, cuts. We did not cut the program. We of droughts that we in the West experi- taking money away from the ability of raised the program by $10 million. ence—especially those in Great Basin the Tahoe Basin to manage itself be- While some suggested it ought to go $20 States. million, it is a net increase over last cause the Tahoe Basin money is not a If the Senator could clarify that for year’s funding level of $10 million. single-line item issue. me, I would appreciate that. It is my Let me explain. The Senator is Mr. BRYAN. If I can respond brief- knowledge at this moment that the ac- ly—I don’t want to get into a semantic amending an account that is divided count his amendment pulls money game—it is a reduction over what the into three categories. I am looking now from is the very account from which President recommended, I think the at Forest Service management pro- the stewardship program for the Tahoe Senator will agree. It is a reduction of gram reports. In the timber revenues Basin finds its funding. and expenses, there are three cat- I yield the floor. $11.3 million over what the President egories. There is the timber com- Mr. BRYAN. Madam President, I proposed. It may very well be, as the modity program component, there is thank the floor manager for an oppor- Senator indicates, an increase over the forest stewardship program compo- tunity to respond. what was approved for the last pro- nent, and the personal-use program When one looks at the totality of gram. component. Those are the three that problems, they are tall: Runoff, the Mr. CRAIG. The Senator knows rec- make up the account the Senator has erosion control, and the declining clar- ommendations are recommendations. I amended. ity. These are the primary, but not the believe his first words were the pro- The last report we have is 1997. In exclusive, problems in the basin. gram has been cut. The program has that year, in the first account, the tim- The roads that were cut through been increased by $10 million over last ber commodity program account, the many decades ago are in the road year while some, including the Presi- Senator is absolutely right, the Tahoe maintenance account. As the Senator dent, suggested it ought to be in- Basin had not one dollar of revenue or understands, there is a new construc- creased by more. expenses because it is not a timber-pro- tion account; there is a road mainte- Mr. BRYAN. I think I did use the ducing area. In the stewardship area in nance account. The appropriators re- term ‘‘cut.’’ What I meant to say, and revenues produced by actions, about moved $11.3 million from the road what I stand by, is the appropriators, $377,000 and $1,383,000 spent on steward- maintenance account. From our per- in effect, cut this money from the ship programs—the very kind the Sen- spective, that is the most serious ac- original appropriation of the President. ator wants to see that begins to change count reduction that would impact That represents a difference in prior- the culture, the environment, of the what we are talking about. The road ities, the $431 million annual backlog, basin area. There was approximately maintenance money account has a with a total backlog of $3.85 billion. It $39 million in revenues from the per- backlog: $3.85 billion has been dis- would be the priority of the Senator sonal-use program and about $181 mil- cussed by the Forest Service, or $431 from Nevada that the President’s rec- lion in expenses. million. I think it is a matter of prior- ommendation not be reduced as the ap- I believe I am right. It was not my ities. Our priority is to get back the propriators did, and I appreciate the intent to mislead or to distort the road maintenance account money. chance to clarify that point.

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10766 CONGRESSIONAL RECORD — SENATE September 13, 1999 Mr. CRAIG. I thank the Senator from much to those of us who sit in this 17- growth, balance of timber that we Nevada. I believe, if I understand For- square miles of logic-free environment could harvest for the benefit of Ameri- est Service accounts accurately, the because we get our paycheck every 2 cans, for those folks who build homes, likelihood of increased stewardship ac- weeks. We are very comfortable. But and for those folks who work with tim- tivities in the Tahoe Basin by this out there, their paychecks stop right ber. amendment could be reduced because then. Their equipment is burned up. If one looks across the Nation right of the very character of spreading the The cycle starts all over again. Is that now, not many commodities are mak- money, as I think the Senator from Ar- an environmental benefit to this coun- ing money—gas, oil, no farm commod- kansas so clearly spoke to. try? I don’t think so. ities. If you look at all the litigation, Let me yield such time to the Sen- We have seen what happened in 1988 timber is not making any money ei- ator from Montana as he should con- in Yellowstone National Park, the ther. Anything that comes from min- sume. crown jewel of all parks, we are told. ing is not making any money. Why The PRESIDING OFFICER. The Sen- Fire swept across that park; and you should we do it? Where would those in- ator from Montana is recognized. should have seen the water that ran dustries move? What other land on this Mr. BURNS. Madam President, this from that park for the next 3 years be- globe will be devastated because we are morning as I returned from Montana cause there was nothing to hold the not allowed to manage our renewable and I was listening to the local news, I soil that had been turned sterile by the resources? heard a 30-second spot advising folks to heat of the fires. I can remember dirt under the finger- call the White House to stand up, to So according to the misinformation nails and the ability to produce a crop stop this disappearance of the national thrown around by the self-proclaimed every year was pretty honorable. forest lands. It was paid for by the Her- environmentalists, leaving the land to Madam President, 1.5 million Ameri- itage Forest—some group. We have not rot, they believe, is best for the envi- cans provide all the food and fiber for been able to run it down yet. The mes- ronment; the forests are gone forever the other 260 million. That is not bad. sage went on to say we have to stop whenever they are harvested. I wonder We do a pretty good job, and we do it this because our forests will be gone if they think it was all a barren land under conditions that are getting more forever. up here until one Friday we got up and, and more difficult all the time. We can talk about semantics. We can lo and behold, there was a forest. Just Modern forestry, of course, with talk about budgets. We can talk about like a bolt of lightning, it was there. some rules and regulations passed by where we apply the money. Let’s face When you get a haircut, is that head of Congress, is being regulated more and it; the $11 million for road maintenance hair gone forever? To some it might be. more every day. Environmental laws that we increased is mostly being used Who knows. But I don’t think so. Cur- require foresters to take a look at the for road obliteration. rently, most of our national forests in impact of what they are doing. It em- It seems we fight these little fights Montana, and throughout the West, we ploys independent timber firms that every year because there are those who face a 25-percent tree mortality in the know the land. They are harvesting. completely do not, and I say this in all next 15 years. We will lose 25 percent of All of this costs money, and yet they disrespect, know one whit about what our forests just to mortality, getting will say below-cost-timber sales. If we is a renewable resource and how we are old and dying. lump all the rules and regulations, all to manage it. It seems to me this is the So I am saying land management, the hoops we have to jump through for reason a person on his ranch or farm proper land management saves our for- one timber sale on a forest, it probably does not run that ranch or farm by a ests. I can take you to one of the worst could be called a below-cost-timber committee. If we did, we would not get areas there is in the Forest Service—it sale. Those are hoops we have to jump a crop in; we would not grow anything, happens to be up in northwest Mon- through. So we increased the budget. It and we sure would not get a crop har- tana—and even the foresters them- costs more money to complete a tim- vested. I would say the good Lord selves will tell you that we are ber sale. above does have a sense of humor. If ashamed of the condition of this forest. We do not clearcut areas with dis- you want to look at what a committee But because of litigation, they are pow- regard. We spend more time making does, I always thought a horse was a erless to do anything about it. Fuel sure everything we do is done in a re- camel put together by a committee. loads, beetle infestations, it is not a sponsible manner. Dispel the misin- Everything is an afterthought. pretty sight. formation, get away from the inflam- Let’s dispel some of this myth that It is not a pretty sight. matory words of growing a commodity seems to be going across our land. In Healthy forests are usually the ben- and harvesting a commodity. In Mon- the Flathead National Forest alone, we efit of good management. Harvesting of tana, the people who harvest timber are growing 120 million board feet of timber is healthy, and it is all part of are the same ones who come back to lumber a year. The Forest Service, in management. That is aside from the hunt and fish. They do it every week- their plans, only planned to harvest 19 faces of the people who live in these end. They recreate all that same forest. million. Let me tell you, due to laws forest communities. Two weeks ago, we Contrary to the doomsayers, we want and roadblocks and lawsuits, we will be shut down a mill in Darby, MT. We sold our land to be usable. We want healthy lucky to cut 6 million board feet. This it at auction. Jobs are gone. A tax base wildlife populations, we want clean does not include our wilderness areas is gone. The ability to build roads on water, and we want to make sure our or recreational areas. These are in private lands, to maintain services, and native fish are healthy. managed forest areas. This is about a to build schools—all that revenue is Let’s talk about this wildlife habitat. third of what historically has been re- gone. Most of the wildlife habitat is found on sponsibly forested and harvested. How- The opponents of timber production public land in the summertime. When ever, due to litigation and other road- would have you believe we still they have to make it through the win- blocks, only 6 million will be har- clearcut entire forests when we do not ter, do you know where the deer, the vested. do that anymore. They would have you elk, the moose winter? On private We cannot survive with that scenario believe we have industrial lawn mowers lands, in my neighbor’s hay meadow. and neither can the forest. Understand big enough to mow down the great red- Did you know we have to board up our that. Neither can the forest. It will woods as we clear swaths from seed to haystacks in the West or the elk and burn. Trees are similar to any other re- seed, and we do not do that anymore. the deer will eat all the hay and leave newable crop: they sprout, they grow, In fact, there are more trees in this us none for our own livestock? They do they get old, and like every one of us in country than during the time of Lewis not winter on public lands because this building, they will die. What hap- and Clark. It is hard to believe, isn’t there is no water and there is no feed. pens to them? They hit the forest floor, it? But it is true. It is covered up. They have to winter there is a fuel buildup, there is infesta- When we put together this appropria- on private lands. So are we so bad? I do tion by the pine beetle, there is dry tion and this budget, there was bal- not think so. We would not have it any weather, there is lightning, and there ance. It brought balance of wildlife, other way because we are all hunters is fire. I realize that doesn’t mean balance of timber and new timber and fishermen and we enjoy the sights

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10767 of big game. We want to maintain the balance. We believe in the balance of why the Congress would continue to habitat. We enjoy seeing those elk. We our forest lands and good stewardship. ask the agency to manage this land enjoy this season of the year when they If you want to talk about steward- and then take away their ability to do start bugling. Go out and listen. That ship, we have a stewardship plan that that. is what makes my State worth living is getting started on a trial basis in So I will end by urging Members not in. Montana that is being participated in to vote for this amendment. It costs more money and the timber by a lot of people, including very small I yield back the time. sale budget offers us an opportunity to harvesters. So if you say you want a Mr. CRAIG addressed the Chair. feed our Nation’s need for raw mate- stewardship program, you have one. It The PRESIDING OFFICER. The Sen- rials while employing Montanans and is a good one. It is a dandy. It will ator from Idaho. Mr. CRAIG. If there is no objection, I making and protecting habitat. We are work. But we cannot make it work un- would like to amend my immediate talking about balance. Someone is buy- less we have funds to balance the needs past unanimous consent request. It was ing that lumber or we would not have of our forests. from 9:30 to 10 a.m. tomorrow morning the demand to harvest it. I thank the Chair and my chairman equally divided. I ask unanimous con- Harvesting a crop is not a sin. To the and yield the floor. sent to amend that to be from 9:30 contrary, it keeps this country moving Mr. CRAIG addressed the Chair. forward. It provides the timber to build The PRESIDING OFFICER. The Sen- until 10:30 a.m. on Tuesday, equally di- our homes, and it provides the paper ator from Idaho. vided in the usual form. The PRESIDING OFFICER. Is there that often gets shuffled back and forth Mr. CRAIG. Madam President, I ask in this town. Quite simply, a timber objection? unanimous consent that a vote occur Without objection, it is so ordered. sale budget is essential to America for on or in relation to the pending amend- food and fiber by proud producers. That Mr. CRAIG. I am happy to yield to ment No. 1623 at 10 a.m., and the time the Senator from Pennsylvania on this is what it is all about. They do not like between 9:30 and 10 a.m. on Tuesday be to be lied to. They do not even require most important amendment. equally divided in the usual form. The PRESIDING OFFICER. The Sen- much support. They ask very little. The PRESIDING OFFICER. Is there They ask to grow, to plant, nurture, ator from Pennsylvania is recognized. objection? Mr. SANTORUM. Madam President, and harvest. That is what it is all Without objection, it is so ordered. it isn’t often I rise to talk about these about. Mr. CRAIG. I thank the Chair. kinds of issues because, by and large, How did those people who work in I am happy to yield to the Senator natural resources and agriculture—and these issues generally affect the West, from Wyoming. and we in Pennsylvania do not have this is agriculture in its highest form— Mr. THOMAS addressed the Chair. who are responsible for 22 or 23 percent much direct involvement. But in this The PRESIDING OFFICER. The Sen- case we are directly affected in Penn- of the Nation’s GDP become bad folks? ator from Wyoming is recognized. How did we get that way? Because we sylvania. Mr. THOMAS. I will take a very We have a national forest in Pennsyl- used the resources around us, and our short while. definition of conservation is the wise vania, the Allegheny National Forest. I think the details, the information What has been going on in the Alle- use of a natural renewable resource. of this issue have been well discussed. Think about that. Twenty-three per- gheny National Forest over the past But I rise in strong opposition to what several years has been a very troubling cent of the GDP in this Nation is in the is being proposed based simply on the production and the feeding of this thing to thousands of residents in my health of forests. State; it has had a dramatic negative country. It is unbelievable how that In Wyoming, of course, we have na- can be overlooked. impact on the quality of life for the tional forests, as they do in Pennsyl- residents in northwestern and north I ask my colleagues to contemplate vania and other places. These forests the alternative. Let’s say we quit har- central Pennsylvania, as the amount of need to be managed. I just spent sev- vesting trees in America, and that is timber harvests have continued to de- eral days in August in Yelowstone Na- what some extremist groups want us to cline. tional Park. We road for 2 days, and all do, or they want to make it so expen- What we have seen, as a result of of it was in burnt forests. I have to tell sive we cannot compete on the open that, is a real damaging of the econ- you, that burn was not even effective market. Do you realize that I have omy. It is a very rural area. Most peo- because the ground fuel is still there. mills in Montana that are hauling logs ple think of Pennsylvania and think of The trees are dead, but the ground fuel 500 miles, out of where? Canada. So is big cities and factories, Philadelphia is there. your demand for lumber so high that and Pittsburgh. But Pennsylvania has So all I am saying is, you have to you want to so-called devastate the Ca- the largest rural population of any manage this resource. Something will nadian land? I do not think so. State in the country. I repeat that. Why do people like to visit States happen to the trees. They will either Pennsylvania has the largest rural pop- such as Montana? No. 1, we are kind of die or they will be harvested or they ulation of any State in the country. authentic. Because we have done a will be diseased. So if we are to have That rural population, by and large, pretty good job of taking care of it. healthy forests, certainly they need to survives on agriculture and off the nat- And it is true of our good neighbors to be managed. ural resources, whether it is coal min- the west in Idaho. It makes us the The proponents of the amendment ing or whether it is quarrying or friendliest and the nicest people you have said the timber program is waste- whether it is timber or whether it is will ever meet. But our people are ful. It was never intended to operate as what we consider traditional agri- starting to get cranky because their a commercial tree farm. We have some culture. livelihood is being taken away from numbers as to the resources that are The Allegheny National Forest is vi- them, their ability to take care of provided for communities and the Fed- tally important for several of our themselves, by the rest of the country eral Government. They are substantial. smallest counties. We have 67 counties in its desire for the food and fiber that I am not inclined to take a great deal in Pennsylvania. Our smallest county it takes for us to subsist. of time. The chief of the Forest Service in population, oddly enough, is called So if you want to see our forests die has stated there are 40 million acres of Forest County. Forest County has in front of us, if you want to see our national forests which are at risk, ei- about 4,000 or 5,000 people who live wildlife choked out of its habitat, and ther through fire or infestation. This there. The biggest part of it is the na- if you want to see our rural commu- amendment would cripple the Forest tional forest, the Allegheny National nities die, and to see foreign corporate Service’s ability to use the timber har- Forest. But there are other counties timber production unfettered, fueled by vest to promote health. The amend- surrounding it that have bits and our need for fiber, then vote for the ment will crush a program that pro- pieces of the national forest in their Bryan amendment. That is what it is vides significant economic contribu- county: Warren County, McKean Coun- all about. tions to both the Federal Government ty, and Elk County. But there is balance here. I urge my and the communities. This amendment In Elk County, PA—aptly named—we colleagues to vote to maintain that is wrong. It is shortsighted. I question have about 600 elk, big ones, that have

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10768 CONGRESSIONAL RECORD — SENATE September 13, 1999 come back over the past years and are Towers was the home of Gifford Pin- doesn’t provide what is, I think, in the thriving in our forests, almost to the chot, who was the Governor of Penn- best interest of the animal life and the point of being domesticated in some re- sylvania and was a conservationist. plant life and certainly the community spects and causing problems. But that Gifford Pinchot went on to be the first for recreation. The economic resources is another issue for another day. head of the U.S. Forest Service around that are derived from the forest are not But those four counties get a lot of the turn of the century. The Yale maximized when you allow this kind of revenue because big chunks of them School of Forestry was actually co- wild and unmanaged forest generation are national forest areas. They get a located in Milford, PA, at Gray Towers, and regeneration to occur. lot of revenues from the timber sales which was the mansion the Pinchot I trust the Forest Service. I don’t al- that principally support their school family lived in. Now it is a museum ways agree with them, but I trust the districts. dedicated to forestry. I was up there Forest Service will work to maintain I spoke to students at the Forest looking at old pictures of Pennsyl- forests and wisely manage them, using County schools a couple of weeks ago. vania. It is remarkable. In picture after sound science to provide the best envi- The No. 1 issue that the kids asked me picture after picture, Pennsylvania was ronment for stable growth of the forest about was, what are we going to do completely clearcut—clearcut. as well as for the indigenous animal about timber sales? Because they po- I stood on the front porch of Gray species that are there to feed. It is very tentially will have to close down one of Towers and looked out and saw the ex- serious—it is the No. 1 issue in about 5 their schools because of cuts in the panse. You can see literally for miles. I or 6 counties in my State—that we Forest Service budget, as well as law- looked at the picture on the portico of allow the timber harvesting program suits because of the Indiana bat, which, roughly 100 years ago. It literally was to continue. It is the economic life- I guess, stays up in the Allegheny Na- stumps of trees for as far as the eye blood of those counties. tional Forest for a couple days a year, could see. Of course, now it is green as I felt compelled to give a little dif- so there are all sorts of lawsuits tying far as the eye can see, full of trees. ferent perspective, as someone who up the Allegheny National Forest in Pennsylvania is just remarkable. I doesn’t talk to these issues very harvesting. fly over it all the time in small planes. much—and maybe it is best I don’t— The Allegheny National Forest is the It is just literally covered with trees, but who has a real sensitivity as to single largest area for the harvesting of almost all of which, if not all of what sounds good. As I have told peo- black cherry timber. You look at your which—because I have been told it was ple about what sounds good in subur- black cherry veneer and you will see a completely clearcut—were not there ban Philadelphia, saying leave these lot of it comes from the largest black 100 years ago. So the regeneration hap- trees alone, we love the trees, don’t cherry stand in the country, which is pens. In fact, the Allegheny National hurt the trees, a little knowledge is the Allegheny National Forest. Forest is a valuable forest today be- The Allegheny National Forest, by dangerous sometimes and no knowl- cause it was clearcut and because a the way, is a profitable forest. They edge is downright lethal. And in the shade-resistant strain of black cherry make a lot of money in their timber case of dealing with forest manage- couldn’t grow in those old forests. In sales because of high value trades. So ment, a lot of folks don’t have a darn fact, there are areas that are now dedi- they are not losing any money to any- bit of knowledge. And it is killing peo- cated to old growth in the Allegheny body. They are making a lot of money. ple. It is killing their economy. It is In fact, the less we harvest, the worse National Forest that have a lot less di- killing their school districts. It is kill- off we are financially. versity. ing the forests. It has been very deleterious to those People are worried about the health That is not something we should counties. I will look at the timber re- of the forest, environmental diversity. allow to go unchallenged in Congress. ceipts for the past several years. Even You get to some of these old-growth Just because it makes a good TV com- last year, which was not particularly a forests. You take the combination of mercial, just because it sounds as if great year, we had $1.6 million for War- the old growth and the fact that you you care more, you don’t care more if ren County; $1.5 million for McKean have less vegetation, which puts pres- you understand the facts involved in County; $1.3 million—$1.3 million for a sure on your deer and everything else— forest management. county of 4,000 people is a lot of money. we have a lot of deer. They completely I am an enthusiastic opponent of this All these other counties range in the decimate old-growth forests, where it amendment. I must tell you, when I area of 20-, 30,000 people; Elk County, is a desert there because of these high first got to Congress, I was not. But the 1.26. All of them, every one of those trees. You don’t have a lot of younger more I have learned about forest man- counties, will have their revenues cut growth. Whatever does crop up, be- agement and the impact of timber sales by more than half this year, by more cause there isn’t much else around, the on not only the health of the forest but than half because of legal roadblocks deer take it right out. the health of the economy related to and cutbacks in the amount of timber So we went, in this area called the the forest, it is an absolute must for sales as a result of Federal legislation. heart of the forest, when they dedi- me to stand here and oppose this The problems we confront are not cated it to old growth, from 37 vari- amendment. I urge my colleagues to do just financial in terms of tax revenue. eties of plants down to 4. I don’t know likewise. They are financial, but they are also fi- about you, but I am not too sure that I yield the floor. nancial with respect to our economy. is protecting the environment or the The PRESIDING OFFICER. The Sen- Logging is a very important aspect of health of the environment. ator from Idaho. the way of life. Wood products: Because I am an easterner. I am not one of Mr. CRAPO. Madam President, in the of our high-value black cherry and these guys who understands public few minutes remaining, I wish to add other species, we have a lot of high- lands and forests and all that stuff. I my voice to those in opposition to this value processing of that wood, which is grew up around the city of Pittsburgh amendment. We thank the Senator resulting in very high unemployment. and didn’t know too much about for- from Pennsylvania for his sensitivity Many of these areas, in this very ests. But I remember hearing people to these issues. strong economy, are experiencing dou- say: We have to manage the forest. You As he correctly said, this amendment ble-digit unemployment, and have con- say: Forests manage themselves pretty could be devastating to the people and sistently for the past couple of years. well. What do you mean? Well, yes, for- to the families who depend on their We also have another concern which, ests manage themselves pretty well, jobs in many counties across America. again, when you go up and talk to the but they manage themselves not in a I think it is important that we under- folks who live around the forests, is al- way that you and I would consider stand this amendment in the context most frightening, the kind of misin- them. They manage it through, in a in which it is being proposed. Federal formation that is out there about our sense, a boom-and-bust cycle, growth timber sales are in a steep and dev- forests and the management of the for- and then destruction and then growth astating decline. Since the early 1990s, ests. and then destruction. That is pretty the timber program has been reduced I remember going to Gray Towers, much how forests grow if you leave in America by over 70 percent. Already, which is outside of Milford, PA. Gray them alone. That is OK, I guess. But it more than 75 percent of the National

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10769 Forest System is off limits to timber dures were not followed in these cases, He is not a petitioner seeking presi- harvests. The Federal timber supply and that these cases were anything but dency clemency. Rather, he is a judi- has dropped from 12 billion board feet routine. cial nominee who has been awaiting to the 3 billion board feet being har- News reports indicate that the Jus- consideration and confirmation by the vested today. tice Department did not make a rec- Senate since January 1996—for over 31⁄2 Both the economic and the ecological ommendation for or against clemency years. context created by this reduction are in these cases like it normally does. The vacancy for which Judge Paez not desirable. More than 80,000 jobs There is no excuse for the Department was nominated became a judicial emer- have been lost already, and of the 55,000 to stand neutral on very significant re- gency during the time his nomination jobs that remain, they will be jeopard- quests such as these. Also, the terror- has been pending without action by the ized by this amendment. That rep- ists apparently did not personally take Senate. His nomination was first re- resents over $2 billion in employment the proper steps to seek the relief, ceived by the Senate almost 44 months income, mostly in rural parts of Amer- given that one of the conditions for ago. This nomination has now been ica. The families who depend on those clemency was that the prisoners had to held even longer than the unconscion- jobs are counting on us to understand sign statements requesting it. able 41 months this Senate forced this issue and to vote correctly. Although the White House says the Judge William Fletcher to wait before It is confounding also that these ad- members were not convicted of com- confirming his nomination last Octo- ditional cuts are being considered at a mitting murder or physical injury, it is ber. time when the industry and those clear that these criminals were ac- Judge Paez has twice been reported working men and women who depend tively involved in the militant group. favorably by the Senate Judiciary on it have already been deeply hurt by Making bombs and transporting fire- Committee to the Senate for final ac- the critical cuts in the timber pro- arms designed to carry out the reign of tion. He is again on the Senate cal- gram. terror, or committing armed robbery endar. He was delayed 25 months before In my home State of Idaho, our rural to finance the deeds, is not fundamen- finally being accorded a confirmation communities continue to suffer dev- tally different from personally harm- hearing in February 1998. After being astating reductions in the 25 percent ing innocent victims. They were con- reported by the Judiciary Committee funds from timber sales. Schools are spirators in the FALN, a terrorist in March 1998, his nomination was held going without needed renovation, and group, and they received stiff prison on the Senate Executive Calendar county governments are going without terms for good reasons. without action for over 7 months, for needed support and jeopardizing their News reports indicate that the law the remainder of the last Congress. enforcement organizations that re- basic services because of these steep re- Judge Paez was renominated by the viewed the issue, including the FBI and ductions. President again this year and his nomi- This amendment is also counterintu- Federal Bureau of Prisons, rec- nation was stalled without action be- itive from an environmental perspec- ommended against it. Also, law en- fore the Judiciary Committee until tive. Active forest management, in- forcement organizations have ex- late July, when we were able to have cluding thinning and other timber har- pressed strong opposition. his nomination reported again. The vest, has widely acknowledged benefits. The opposition is based on good rea- Senate refused to consider the nomina- In fact, most timber sales are currently sons. America has long had a firm pol- tion before the August recess. I have designed to attain other stewardship icy of intolerance regarding terrorism. repeatedly urged the Republican lead- objectives, in addition to the sales Granting clemency to members of the ership to call this nomination up for themselves. Timber sales are the most FALN sends the wrong message about consideration and a vote. If they can economic and efficient and effective America’s commitment to fighting ter- make time on the Senate floor for de- methods available for our managers to rorism. In fact, it sends the wrong mes- bate and consideration of a Senate res- treat and control many insect sage about America’s commitment to olution commenting on the clemency epidemics. fighting crime at home. grant, which is a power the Constitu- Madam President, each year the Na- It is telling that the FALN terrorists tion invested in the President without tional Forest System grows by 23 bil- did not immediately agree to the sim- a congressional role, the Senate should lion board feet; 6 billion board feet die ple conditions that the President find time to consider the nomination of naturally. Only 3 billion board feet are placed on his generous offer. It took this fine Hispanic judge. being harvested. Tree growth in our them weeks to agree to renounce the National Forest System exceeds har- use of violence and submit to standard Judge Paez has the strong support of vest by 600 percent. conditions of parole. Indeed, some both California Senators and a ‘‘well- I stand firmly with those who have never did. Moreover, it does not appear qualified’’ rating from the American cast their opposition today against this that they have even expressed regret or Bar Association. He has served as a amendment and encourage my col- remorse for their crimes. This is clear municipal judge for 13 years and as a leagues to reject it. from one of the members’ appearance federal judge for four years. In my view Judge Paez should be f on a Sunday news program, where he refused to express sorrow or regret for commended for the years he worked to DEPLORING THE GRANTING OF his crimes. provide legal services and access to our CLEMENCY—MOTION TO PRO- An obvious question we must ask is justice system for those without the fi- CEED—RESUMED whether the President will continue to nancial resources otherwise to retain Mr. THURMOND. Madam President, I grant clemency in a way contrary to counsel. His work with the Legal Aid rise to express my strong opposition to American interests. I sincerely hope Foundation of Los Angeles, the West- the President’s decision to commute the President will not pardon or com- ern Center on Law and Poverty and the prison terms of 16 members of the mute the sentence of convicted Israeli California Rural Legal Assistance for FALN, a Puerto Rican terrorist group. spy Jonathan Pollard. I sent the Presi- nine years should be a source of praise I also strongly support S.J. Res. 33, dent a letter last week asking him to and pride. which expresses the Senate’s opposi- clearly affirm that he will not do this. Judge Paez has had the strong sup- tion to this misguided decision. I hope the Senate today will invoke port of California judges familiar with There is no question that the Presi- cloture on the resolution and express his work, such as Justice H. Walter dent has the Constitutional power to our profound opposition and concern Crosky, and support from an impres- do what he did. The President receives regarding this matter. sive array of law enforcement officials, thousands of requests per year for a Mr. LEAHY. Madam President, the including Gil Garcetti, the Los Angeles pardon or clemency, and the Depart- Hispanic whose actions and fate I District Attorney; the late Sherman ment of Justice has a standard proce- would like the Senate to focus on for Block, then Los Angeles County Sher- dure under which the Pardon Attorney action is Richard Paez. Richard Paez iff; the Los Angeles County Police reviews these requests each year. How- has never been convicted of a crime Chiefs’ Association; and the Associa- ever, all indications are that the proce- and is not associated with the FALN. tion for Los Angeles Deputy Sheriffs.

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10770 CONGRESSIONAL RECORD — SENATE September 13, 1999 The Hispanic National Bar Associa- judge in Missouri or any of the scores wrong thing to do. We have tried in re- tion, the Mexican American Legal De- of other nominees pending before it. cent years to send a clear, unequivocal fense and Educational Fund, the The Senate has not completed work on message to terrorists: if you plan or League of United Latin American Citi- 11 of the 13 appropriations bills that commit acts of terrorism against the zens, the National Association of must be passed before October 1. The United States, we will find you, hunt Latino Elected and Appointed Officials, Republican Congress cannot find time you down, and punish you severely. and many, many others have been to consider campaign finance reform or Until this point, President Clinton’s seeking a vote on this nomination for pass a real patients’ bill of rights or administration carried this message what now amounts to years. consider raising the minimum wage or forward forcefully, including, for exam- I want to commend the Chairman of reforming Medicare or complete the ju- ple, apprehending and punishing the the Judiciary Committee for his stead- venile crime bill conference, but there Oklahoma City bombers and taking re- fast support of this nominee and Sen- is plenty of time for floor debate and taliatory strikes against Osama bin ator BOXER and Senator FEINSTEIN of on the President’s decision to exercise laden. However, the President’s deci- California for their efforts on his be- his clemency power. The Senate has sion last month undermines this mes- half. had three hearings on judicial nomina- sage. Last year the words of the Chief Jus- tions all year and the Republican Con- Some have described these prisoners tice of the United States were ringing gress will have that many hearings on as political prisoners. They were not. in our ears with respect to the delays the clemency decision this week. They were terrorists. Let me describe in Senate consideration of judicial In closing, I ask: If the Senate has for a minute some of what they did. nomination. He had written: ‘‘Some the time to debate and vote on this res- These prisoners were members of the current nominees have been waiting a olution, why does it not have time to FALN, the Armed Forces for National considerable time for a Senate Judici- vote on the nomination of Judge Rich- Liberation, which seeks to make Puer- ary Committee vote or a final floor ard Paez to the Ninth Circuit? to Rico and independent nation, vote. . . . The Senate is surely under no Mrs. FEINSTEIN. Madam President, through violent means. While some of obligation to confirm any particular I rise to address Senate Joint Resolu- them will not admit it, this was alleged nominee, but after the necessary time tion 33, regarding the President’s and proven in the trials against them. for inquiry it should vote him up or granting of conditional clemency to According to the FBI, and I quote, vote him down.’’ Those words resonate certain Puerto Rican prisoners. ‘‘In the past, Puerto Rican terrorist with respect to the nomination of Before addressing the merits of this groups struggling for Puerto Rico’s Judge Paez. resolution, I must note that I am trou- independence from the United States I trust the American people recognize bled by the procedure which has been have been responsible for the majority who is playing politics with the issue employed for its consideration. Almost of terrorist incidents perpetrated by of clemency. I disagreed with the two weeks ago, Senator COVERDELL an- domestic terrorist groups within the President’s decision, but it was his to nounced that he would hold a hearing United States.’’ The FBI’s Terrorist make. He says that he granted clem- on President Clinton’s decision in the Research and Analytical Center re- ency with conditions after study and Terrorism Subcommittee of the Senate ported in 1996 that the ‘‘FALN has been based on a sense of proportion and jus- Foreign Relations Committee, this linked to over 130 bombings which have tice. The calls for clemency in these coming Wednesday, September 15. Last resulted in over $3.5 million in dam- cases came from Bishop Tutu, Coretta Wednesday, the Judiciary Committee ages, 5 deaths, and 84 injuries.’’ Scott King, other Nobel peace prize also gave notice of a hearing on this The prisoners who received clemency winners, a number of churches and reli- subject for September 15. However, not- were active participants in this cam- gious groups. It has drawn praise in withstanding these planned hearings, paign of terror. For instance, some circles and criticism in others. the Republican leadership filed this Alejandrina Torres, Edwin Cortes and I do not agree with the President, but resolution condemning the clemency Alberto Rodriguez were convicted of I caution that the overreaching by Re- and scheduled a vote related to it for conspiring to, and I read now from the publican critics in the Congress on this today. indictment against them, ‘‘oppose by is worrisome, as well. To contend that Holding a vote before the hearings is force the authority of the government this shows a weakness of resolve akin to having the verdict first, and of the United States by means of force, against international terrorism is both then the trial. terror and violence, including the con- wrong and may itself be creating a dan- Nevertheless, since we must vote, I struction and planting of explosive and gerous atmosphere. will address the merits of the Presi- incendiary devices at banks, stores, of- We ought to be careful when anyone, dent’s decision, based upon the infor- fice buildings and government build- let alone the Senate and Congress of mation which is available to me before ings . . . It was a further part of the the United States, start bandying the hearings. said conspiracy that the conspirators about declarations that accuse the At the outset, let me say that seri- would claim credit in the name of the United States Government of making ous, thoughtful people urged the Presi- FALN for certain . . . bombings ‘‘deplorable concessions to terrorists,’’ dent to offer this clemency. These peo- through either telephone calls or typed ‘‘undermining national security’’ or ple include former President Carter; communiques.’’ This is classic terrorist ‘‘emboldening domestic and inter- eleven Nobel Peace Prize winners, in- activity. national terrorists.’’ cluding Archbishop Desmond Tutu and As part of this plot, Torres and Playing politics with this matter and Coretta Scott King; and dozens of reli- Cortes stockpiled dynamite, weapons, accusing the President of ‘‘under- gious leaders and organizations. Presi- blasting caps and bulletproof vests. To- mining our national security’’ or dent Clinton’s decision was not a frivo- gether with Rodriguez, they planned to ‘‘emboldening terrorists’’ carries sig- lous one, nor did it appear from out of bomb U.S. military facilities in the nificant risks. Could a potential ter- thin air. Chicago, cased the facilities, and re- rorist somewhere in the world believe However, that having been said, I be- viewed a communique to be published this political rhetoric and be lieve strongly that the decision the in conjunction with the planned bomb- ‘‘emboldened’’ by it? This is risky busi- President made was the wrong one. ings. They built bombs containing 21 ness. I do not believe the short-term In the post-Cold War era, terrorism pounds of dynamite. They also planned political gain to the other party is presents perhaps the greatest threat to to use explosives to free FALN leader worth having the Senate endorse a res- our national security. As Ranking Oscar Lopez (who also was offered olution that might itself have precisely Member of the Terrorism Sub- clemency by the President) from pris- that effect. committee of the Judiciary Com- on, to rob a Chicago Transit Authority The Senate cannot find time to vote mittee, I have done what I can to assist facility to fund FALN operations, and on the nomination of Judge Richard law enforcement in combating ter- to harbor another FALN leader who Paez or that of Bill Lann Lee to head rorism. had escaped from prison. the Civil Rights Division of that of These prisoners were terrorists, and Four others who were offered clem- Justice Ronnie White to be a federal granting them leniency is exactly the ency were convicted in connection with

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10771 the armed robbery of seven million dol- ecutors, the FBI, the Bureau of Pris- The yeas and nays are required under lars from a Wells Fargo depot, to fund ons, and the victims of crime, the De- the rule. a similar Puerto Rican revolutionary partment of Justice and the Attorney The clerk will call the roll. independence group, Los Macheteros. General apparently did not take a for- The legislative assistant called the This is an organization that ambushed mal position on the matter even roll. a Navy bus and killed two U.S. service- though the Department’s own rules re- Mr. NICKLES. I announce that the men and launched a rocket attack at quire doing so. Senator from Alabama (Mr. SESSIONS), the federal courthouse in Hato Rey, Here we have another example of the Senator from Utah (Mr. HATCH), Puerto Rico. what people suspect: The Attorney the Senator from Utah (Mr. BENNETT), Madam President, building bombs General is asleep at the switch while the Senator from Wyoming (Mr. ENZI), and committing armed robberies on the White House runs the Justice De- the Senator from North Carolina (Mr. U.S. soil are not political acts. They partment. HELMS) and the Senator from Oregon are crimes, plain and simple, and these As Chairman of the Senate Com- (Mr. SMITH) are necessarily absent. people were appropriately locked up for mittee with oversight of the Depart- Mr. REID. I announce that the Sen- their offenses. It should make no dif- ment of Justice, I have requested cop- ator from Florida (Mr. GRAHAM), is ference that the prisoners had political ies of all relevant documents, including necessarily absent. motivations which some may share. the Department’s memo to the White The PRESIDING OFFICER. Are there Virtually all terrorists are politically House. Even our colleague Senator any other Senators in the Chamber de- motivated, and many justify their acts SCHUMER believes we should have these siring to vote? in the cause of ‘‘national liberation.’’ documents. But, so far, the Depart- The yeas and nays resulted—yeas 93, But terrorism is a cowardly and evil ment has refused to turn over any- nays 0, as follows: means to achieve such ends, which can thing. [Rollcall Vote No. 270 Leg.] never be justified, and which must be The Department and the Attorney YEAS—93 punished harshly. General are hiding behind their tired, Abraham Edwards Lugar It has been reported that the clem- old ploy of studying whether to assert Akaka Feingold Mack ency petition was opposed by the FBI executive privilege. If the President Allard Feinstein McCain and the Bureau of Prisons. The Fra- has confidence that his decision was a Ashcroft Fitzgerald McConnell Baucus Frist Mikulski ternal Order of Police has vehemently just one, then he ought to be willing to Bayh Gorton Moynihan condemned this offer, calling it a ‘‘hor- hold it up to public scrutiny. Biden Gramm Murkowski rendously bad idea.’’ I will hold a hearing on the matter Bingaman Grams Murray Clemency proponents have asserted next Wednesday, September 15, at Bond Grassley Nickles Boxer Gregg Reed that these prisoners harmed no one. A which time we will hear from the law Breaux Hagel Reid former Assistant U.S. Attorney who enforcement community and those neg- Brownback Harkin Robb prosecuted some of these FALN mem- atively affected by this grant of clem- Bryan Hollings Roberts Bunning Hutchinson Rockefeller bers counters this assertion, noting: ‘‘A ency. Burns Hutchison Roth few dedicated federal agents are the I believe, Madam President, that our Byrd Inhofe Santorum only people who stood in their way. entire nation is victimized by ter- Campbell Inouye Sarbanes The conspirators made every effort to rorism. A bomb at the World Trade Chafee Jeffords Schumer Cleland Johnson Shelby murder and to maim. It is no small Center, the Oklahoma City Federal Cochran Kennedy Smith (NH) irony that they should be freed under Building, or a U.S. embassy abroad has Collins Kerrey Snowe the guise of humanitarianism.’’ an effect on all of us. Conrad Kerry Specter History has shown us that making This clemency deal is an insult to Coverdell Kohl Stevens Craig Kyl Thomas concessions to terrorists spurs in- every American citizen. This clemency Crapo Landrieu Thompson creased terrorism. The President made deal is not humanitarian; it is not just. Daschle Lautenberg Thurmond the wrong decision. I hope and pray Exactly what is this? A weak mo- DeWine Leahy Torricelli that his decision will not have this ef- ment? Political favoritism? Another Dodd Levin Voinovich Domenici Lieberman Warner fect, but I fear it will. foreign policy miscalculation? Dorgan Lincoln Wellstone Despite the flawed procedure, I will I’ll tell you what it is—it is wrong.∑ Durbin Lott Wyden vote to proceed to Senate Joint Resolu- CLOTURE MOTION NOT VOTING—7 tion 33, and I will subsequently vote for The PRESIDING OFFICER. Under Bennett Hatch Smith (OR) its passage. Terrorism does not deserve the previous order, the hour of 5 p.m. Enzi Helms leniency. having arrived, the clerk will report Graham Sessions ∑ Mr. HATCH. Madam President, the the motion to invoke cloture. The PRESIDING OFFICER (Ms. President’s ill-considered offer of clem- The legislative clerk read as follows: SNOWE). On this vote, the yeas are 93, ency has now been accepted by 12 of CLOTURE MOTION the nays are 0. Three-fifths of the Sen- the 16 FALN members, many of whom We the undersigned Senators, in accord- ators duly chosen and sworn having are now back on the street. ance with the provisions of rule XXII of the voted in the affirmative, the motion is These are people who have been con- Standing Rules of the Senate, do hereby agreed to. victed of very serious offenses involv- move to bring to a close debate on the mo- ing sedition, firearms, explosives, and tion to proceed to S.J. Res. 33, a joint resolu- f threats of violence. The FALN has tion deploring the actions of President Clin- DEPARTMENT OF THE INTERIOR ton regarding granting clemency to FALN claimed responsibility for past bomb- terrorists: AND RELATED AGENCIES APPRO- ings that have killed and maimed PRIATIONS ACT, 2000—Continued Trent Lott, Conrad R. Burns, Ted Ste- American citizens. I pray that no one vens, Peter Fitzgerald, Jim Bunning, CLOTURE MOTION else gets hurt. Larry E. Craig, Michael D. Crapo, The PRESIDING OFFICER. Under This is yet another example of this Chuck Hagel, Fred Thompson, Bill the previous order, the cloture motion Administration sending the wrong mes- Frist, Michael B. Enzi, Judd Gregg, having been presented under rule XXII, sage to criminals—be they foreign Craig Thomas, Jesse Helms, Pat Rob- the Chair directs the clerk to read the spies, gun offenders, or—in this case— erts, and Paul Coverdell. The PRESIDING OFFICER. By unan- motion. terrorists. The legislative clerk read as follows: In this case, it appears President imous consent, the mandatory quorum Clinton put the interests of these con- call has been waived. CLOTURE MOTION victed criminals ahead of the interests The question is, Is it the sense of the We the undersigned Senators, in accord- ance with the provisions of rule XXII of the of victims, the law enforcement com- Senate that debate on the motion to proceed to S.J. Res. 33, a joint resolu- Standing Rules of the Senate, do hereby munity, and the public. move to bring to a close debate on amend- I think we need to know: Did Attor- tion deploring the actions of President ment No. 1603 to Calendar No. 210, H.R. 2466, ney General Janet Reno do her job? Clinton regarding the granting of clem- the Interior appropriations bill. Media reports suggest that—notwith- ency to FALN terrorists, shall be Trent Lott, Kay Bailey Hutchison, Gor- standing the strong opposition of pros- brought to a close? don Smith of OR, Thad Cochran,

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10772 CONGRESSIONAL RECORD — SENATE September 13, 1999 Larry E. Craig, Bill Frist, Michael payments must be collected and be- Mr. MURKOWSKI. Mr. President, I Crapo, Don Nickles, Craig Thomas, cause they are based on fair market strongly support Senator HUTCHISON’s Chuck Hagel, Christopher Bond, Jon value, they do go down when oil prices amendment to keep the Department of Kyl, Peter Fitzgerald, Pete V. Domen- are depressed. That is a better deal Interior from spending additional ici, Phil Gramm, and Slade Gorton. than most Americans get on their money for one year to implement their The PRESIDING OFFICER. The Sen- mortgages or their rent. flawed oil valuation regulation. I am a ator from Texas. You may hear about a court case in cosponsor of the amendment. Mrs. HUTCHISON. Madam President, California that the oil companies won. Our amendment does two things: in view of the fact that seven of our But that had nothing to do with Fed- First, it puts the Senate on record op- Members are missing, I ask unanimous eral oil royalties; it was about State posing a Value-added Tax proposed by consent to move the cloture vote to to- royalties. the executive branch. Second, it pre- morrow following the votes at 10:30. Finally, the Hutchison amendment is vents MMS from implementing a rule The PRESIDING OFFICER. Is there not in the House bill because this is an that is so corrupt the Interior Depart- objection? appropriations bill, and the Hutchison ment’s inspector general and the De- Mrs. BOXER. I object. I object. amendment will strip another $66 mil- partment of Justice are currently in- The PRESIDING OFFICER. Objec- lion out of the Land and Water Con- vestigating $700,000 in payoffs to fed- tion is heard. Under the previous order, servation Fund. We need those funds eral employees involved in the rule. there will now be 5 minutes of debate very much. Senator HUTCHISON says it The CBO scored the impact of this equally divided between the Senator is just $10 million. Interior and OMB amendment at $11 million. This is the from Texas and the Senator from Cali- say $66 million. Regardless, it is a bad apparent cost of standing up for Con- fornia. rider. I hope you will not vote for clo- gress’ constitutional prerogative to Mrs. BOXER. Madam President, I ask ture. raise revenues. if Senator HUTCHISON would like to go The PRESIDING OFFICER. The time The domestic oil and gas industry is first? of the Senator has expired. The Sen- being driven from our shores. During Mrs. HUTCHISON. Madam President, ator from Texas. the oil embargo in 1973, we imported 36 I prefer to reserve my time and close. Mrs. HUTCHISON. I yield 1 minute to percent of our oil. Today, we import 56 Mrs. BOXER. Madam President, may the Senator from Louisiana, Mr. percent of our oil. We will continue to we have order in the Chamber, please. BREAUX. burn oil—in fact, we burn a bit more The PRESIDING OFFICER. The Mr. BREAUX. Madam President, I now than we did in 1973. But our own point is well taken. Senators will take thank the Senator for yielding. In just industry is in a death spiral, caused in their conversations to the Cloakroom, 60 seconds, it is unfortunate we are part by government actions like this. please. voting with a number of Senators ab- Over 50,000 American families have lost The Senator from California. sent. I guess we will have to do that. their jobs in the last two years as com- Mrs. BOXER. Madam President, I The question is, How do we value oil? panies leave the U.S. for foreign have taken the Senate’s time on this The law says the companies owe the shores—foreign shores where it’s matter. Here is why: I simply care Federal Government, taxpayers, one- cheaper to drill and governments en- about the Senate too much to see it be sixth to one-eighth of the value of the courage domestic energy production. a party to a deliberate scheme by just oil. The problem is, how do you deter- Without adoption of the Hutchison 5 percent of the oil companies to under- mine the value? It is a very com- amendment, we will be saying: ‘‘Go pay their royalty payments to our con- plicated rulemaking procedure that is ahead. Raise royalties and taxes. We, stituents. The Hutchison amendment ongoing to try to determine what are the U.S. Senate, yield our power to the allows the situation to continue by the legitimate deductions and trans- Executive.’’ This Senator cannot stand stopping the Interior Department from portation costs, in particular, deter- by and watch all power flow to the Ex- fixing it. mining what the fair market value of ecutive. How do we know taxpayers are being oil is. We can rush this thing through. ‘‘RENT-A-RULE’’—POGO, ETC. cheated? First, there are many whistle- It will result in years of litigation. Or Neither can this Senator stand aside blowers, former oil executives, who say we can pause for a few moments, which when there are serious allegations of under oath they undervalued the oil is what we are asking to be done, to try payoffs to government employees in- from Federal lands in order to pay less. to negotiate out something to which volved in the rule. Second, settlements are occurring all both sides can agree. I think it makes In May of this year, the press began over the country whereby these oil more sense to pause for a few moments, to report that two federal employees— companies are paying billions of dol- get the groups together and work it one at the Department of Interior; the lars in back royalties to keep their out, rather than run the risk of years other, retired from the Department of cases out of court. and years of litigation. We know what energy—had taken $700,000 from a self- Senator HUTCHISON has said the Inte- is going to happen then. Nobody is described ‘‘public interest group’’ as an rior Department wants to raise taxes going to win. The American public is ‘‘award’’ for their work in the federal on the oil companies. Royalties are not not going to win. government on the rule to raise roy- taxes; they are legal agreements just I urge we support the Hutchison alty rates on domestic oil producers. as your mortgage or rent is. As USA amendment and get it done in a more This group, the project on Government Today says: realistic and fair fashion. Oversight, or POGO, has not been very Imagine if one day you decided to lower Mrs. HUTCHISON. I yield 30 seconds effective in its membership drive—it your rent by 10 percent. No individual could to the Senator from New Mexico. has only about 200 subscribers—but it do that. And yet the oil companies are. The PRESIDING OFFICER. The Sen- has been very successful attracting You may hear all we need is more ator from New Mexico. trial lawyers as board members. In time, but this is the fourth rider this Mr. DOMENICI. I rise in support of fact, the trial lawyers on its board Senate has passed, although we have the Hutchison-Domenici amendment have spent years litigating the very never had a vote on it before. This is because the MMS’s procedures are cases on oil value that the proposed the first vote. We have already lost $88 flawed. Department of the Interior em- DOI rule would benefit if the Boxer million from the Department of the In- ployees involved in the writing of the Amendment is adopted. terior because of it. These companies regulations received $300,000 each from The inspector general and the U.S. should do what 95 percent of them are a group that had interests contrary to Department of Justice public Integrity already doing, base their royalty pay- those of the oil and gas firms. Section are investigating these pay- ments on fair market value. It is wrong on substance. I will just ments. Senator HUTCHISON has said the oil give one example showing it is flawed. In two letters to the Secretary of In- companies are suffering now and it is A producer from one oil well producing terior, Senators DOMENICI, NICKLES, bad timing to fix this. I voted, and one kind of oil would be forced to value and I have asked the Department to most of us did, for a bill to help the oil his oil ten different ways under this withdraw the proposed rule pending the companies. That is fine. But royalty MMS proposal. outcome of the investigations into

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10773 whether the employees can take money It is false to claim that this rulemaking ORDER OF PROCEDURE only affects the top 5 percent of all oil pro- for ‘‘fixing’’ a rule. The Department Mr. LOTT. Mr. President, I ask unan- has declined to do so twice. ducers. It affects every California producer on Federal land. imous consent that the yeas and nays In answering our first letter, DOI be vitiated on the nomination of Madam President, I urge a vote for said the two had nothing to do with the Maryanne Trump Barry. cloture so we can have a fair up-or- rule. Senators DOMENICI, NICKLES, and I The PRESIDING OFFICER. Without down vote on this amendment so that wrote back, this time providing public objection, it is so ordered. Congress will set the policy of this documents proving their involvement, Mr. LOTT. I understand the Chair country. and asking them, based upon the evi- will now put the question on this nomi- The PRESIDING OFFICER. All time dence, to withdraw the rule. nation. The response to our second letter was has expired. By unanimous consent, to acknowledge that the two appar- the mandatory quorum call has been f ently did have some involvement in the waived. The question is, Is it the sense EXECUTIVE SESSION rule, but the decision to change the of the Senate that debate on amend- rule was made prior to their official in- ment No. 1603 to H.R. 2466, the Interior volvement. appropriations bill, shall be brought to NOMINATION OF MARYANNE The Department’s argument is mis- a close? The yeas and nays are required TRUMP BARRY, OF NEW JERSEY, leading. The two federal employees under the rule. The clerk will call the TO BE U.S. CIRCUIT JUDGE FOR worked hand-in-glove with POGO to roll. THE THIRD CIRCUIT convince the Department to craft a The legislative clerk called the roll. The PRESIDING OFFICER. The Sen- rule to POGO’s liking. According to Mr. NICKLES. I announce that the ate will now proceed to executive ses- POGO’s Executive Director, POGO even Senator from Utah (Mr. BENNETT ), the sion to consider Executive Calendar arranged for the employees to be spe- ATCH Senator from Utah (Mr. H ), the No. 210, which the clerk will report. cifically requested to testify before a Senator from North Carolina (Mr. THE JUDICIARY House subcommittee to put pressure on HELMS), and the Senator from Alabama the Department to start a rulemaking. (Mr. SESSIONS) are necessarily absent. The legislative clerk read the nomi- All the facts suggest that these em- Mr. REID. I announce that the Sen- nation of Maryanne Trump Barry, of ployees were influential, if not instru- ator from Florida (Mr. GRAHAM) is nec- New Jersey, to be United States Cir- mental, in the decision to issue the essarily absent. cuit Judge for the Third Circuit. rule and the content of the rule. After The yeas and nays resulted—yeas 55, Mr. LOTT. Mr. President, I also indi- influencing the decision to issue the nays 40, as follows: cate that we will be prepared to con- firm two further judicial nominations rule, the employees took part in the [Rollcall Vote No. 271 Leg.] by consent before we close business public comment phase of the rule- YEAS—55 making. In other words, they were up this evening. Therefore, there will be to their elbows in this issue from start Abraham Fitzgerald McConnell no further votes this evening, and the Allard Frist Murkowski next vote will occur at 10:30 a.m. on to finish. Ashcroft Gorton Nickles A skeptic could conclude that the Bingaman Gramm Roberts Tuesday in relation to the Bryan for- employees, working with POGO and Bond Grams Roth estry amendment. Breaux Grassley Santorum Mr. LEAHY. Mr. President, the con- the trial attorneys who stood to gain Brownback Gregg Shelby firmation of Maryanne Trump Barry to from out-of-court settlements, earned Bunning Hagel Smith (NH) Burns Hutchinson their ‘‘rewards.’’ POGO, after all, ad- Smith (OR) the Third Circuit—and I predict that Campbell Hutchison Snowe she will be confirmed—will bring to 15 mits they paid them $350,000 each. The Chafee Inhofe Specter Department’s position appears to be Cochran Inouye the total number of federal judges con- that POGO paid the wrong bureaucrats. Collins Jeffords Stevens sidered by the Senate all year. Coverdell Kyl Thomas While I am appreciative of this op- The public integrity of the public Thompson Craig Landrieu portunity to consider this nomination, rulemaking process is at stake, even if Crapo Lincoln Thurmond Secretary Babbitt fails to see it. DeWine Lugar Voinovich I note that the Republican leadership In our nation, federal employees are Domenici Mack Warner has chosen to skip over the nomina- not paid to push rule changes which Enzi McCain tions of Marsha Berzon, Judge Richard benefit one party in a lawsuit. This is NAYS—40 Paez, and Ray Fisher to the Ninth Cir- a dangerous precedent. Akaka Feingold Mikulski cuit. These nominations have all been The PRESIDING OFFICER. The Sen- Baucus Feinstein Moynihan on the Senate calender for as long or ator from Texas. Bayh Harkin Murray longer than that of Ms. Barry. The Re- Biden Hollings Mrs. HUTCHISON. Madam President, Reed publican leadership has, again, skipped Boxer Johnson Reid we directed the MMS to simplify the Bryan Kennedy Robb over the nomination of Justice Ronnie oil royalty payments so that compa- Byrd Kerrey Rockefeller White for the federal court in Missouri, Cleland Kerry Sarbanes as well. nies would know what their fair share Conrad Kohl Schumer is. This is what MMS has come forward Daschle Lautenberg All of these nominations could and Torricelli Dodd Leahy should have been considered before the with as a simplification. Wellstone Companies still do not know what Dorgan Levin August recess. Indeed the nominations Durbin Lieberman Wyden they will owe. They want to pay their Edwards Lott of Judge Paez and Justice White, fair share. I want them to pay their should have been considered when they fair share. Whether they have in the NOT VOTING—5 were first reported last year. past is not an issue. We are trying to Bennett Hatch Sessions Mr. LAUTENBERG. Mr. President, I have a fair setting of taxes. Graham Helms rise in strong support of the nomina- The question is: Who makes tax pol- The PRESIDING OFFICER. On this tion of Maryanne Trump Barry to the icy in this country? Is it Congress or is vote the yeas are 55, the nays 40. Three- United States Court of Appeals of the it unelected bureaucrats who are not fifths of the Senators duly chosen and Third Circuit. accountable to the people? We are talk- sworn not having voted in the affirma- I commend Senator HATCH for mov- ing about a 1-year moratorium so that tive, the motion is rejected. ing forward with this nomination. We this can be worked out in a way that is Mrs. BOXER. Mr. President, I move must ensure that the federal bench is acceptable to Congress. to reconsider the vote. at full strength so that our citizens The Senator from California says Mr. LOTT. Mr. President, I enter a will receive justice promptly and fair- this only affects 5 percent of the pro- motion to reconsider the vote by which ly. The distinguished chairman of the ducers. I have a letter from the Cali- the Senate failed to invoke cloture on Judiciary Committee deserves thanks fornia Independent Petroleum Associa- the pending Hutchison amendment. from all who believe that our court tion, representing 450 independent oil The PRESIDING OFFICER. The mo- system is at the core of our precious and gas producers, which says: tion is entered. democratic structure.

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10774 CONGRESSIONAL RECORD — SENATE September 13, 1999 Judge Barry’s reputation is well ess. During this time, I have been im- bill, there will be a vote on or in rela- known and she has excellent creden- pressed by her candor, intelligence, and tion to the Bryan amendment and the tials. In 1983, she was nominated to a qualifications for the position. She has second-degree Wyden amendment to- federal district court judgeship by moved through the process quickly, morrow morning at 10:30. President Reagan, and since being con- and I believe the overwhelming support It may well be that that will be the firmed for that post she has compiled for her nomination is evidence of her last contested matter in connection an impressive record and become a na- ability to ultimately fulfill the obliga- with this appropriations bill other than tionally recognized expert on a wide tions of serving on the Third Circuit. the disposition of the Hutchison range of criminal and civil law mat- Those who know Judge Barry, and amendment. I am not entirely certain ters. have had the pleasure of working with of that at this point. But we are close Her knowledge of criminal law led her, have spoken openly of her integ- to having agreed-upon managers’ Chief Justice Rehnquist to appoint her rity and thorough knowledge of the amendments both with respect to legis- to chair the Committee on Criminal law. Some have highlighted her de- lative matters and with respect to Law of the Judicial Conference of the cency, while others have focused upon money matters, with the exception of United States, a position she held from her razor-sharp wit. However, everyone the motion to reconsider the invoca- 1993–1996. Additionally, the Federal Ju- has agreed on one point—Judge Barry tion of cloture. dicial Center asked her to make an in- has developed a reputation as a skilled For that reason, this is a notice and structional videotape called ‘‘How to jurist with a judgment and tempera- a request to Members that if they have Try a Complex Criminal Case’’ and ment that are highly respected by her other matters they wish debated, or if that tape is played for all new district peers. The other members of the Sen- they have other matters they wish court judges at their orientation sem- ate Judiciary Committee agreed with brought to the managers’ attention, inar. this assessment, and I was pleased that they should do so very promptly. We In the area of civil law, Judge Barry Judge Barry’s nomination was passed will not in the managers’ amendment has issued many important rulings in- out of the Committee by voice-vote on dispose of all the amendments which cluding a decision that Blue Cross was July 29th. were reserved, but I think we probably required to pay for a bone marrow For those who are unfamiliar with will be able to take care of all of those transplant for a terminally ill young Judge Barry’s distinguished career, she that look as if they would be otherwise girl who would have died without the has graduated with Master’s and law brought up and voted on. procedure. degrees from Columbia and Hofstra We are tantalizingly close to fin- New Jersey residents are particularly Universities respectively. Judge Barry ishing. But, of course, we will not fin- proud of her decision holding New York first worked for the U.S. Attorney’s Of- ish or go to third reading under the City responsible and in contempt for fice in New Jersey and quickly rose present circumstances at least until failing to obey a court order designed through the ranks. She served as Chief after disposition of the motion to re- to prevent garbage and medical waste of the Appeals Division, and then as a consider the motion to invoke cloture, from New York’s Fresh Kills Landfill first assistant to the U.S. Attorney. At and that motion will certainly pass, from drifting onto New Jersey’s shore. the time, Judge Barry was the highest- and there will be at least one more Not only do her judicial colleagues ranking female prosecutor in any vote on cloture itself. hold her in high regard, Judge Barry is major U.S. Attorney’s Office in the The PRESIDING OFFICER. The Sen- also well-respected by the many attor- country. ator from California. In 1983, Judge Barry was appointed to neys who have appeared before her. Mrs. BOXER. Mr. President, thank the U.S. District Court by President They praise her command of the law, you very much. Reagan. For almost 16 years, she has her professional demeanor, and her I would just like to comment upon served as a pragmatic and vocal pres- razor-sharp wit. the vote the Senate has just taken on As a result of her tenure in the U.S. ence on the bench in Newark, New Jer- whether to shut down debate on the attorney’s office, her 16 years of out- sey. As a former President of the Asso- Hutchison amendment. I thank very standing service at the district court ciation of the Federal Bar of the State much those colleagues who voted level, and her legal expertise, Judge of New Jersey, Judge Barry has had a against that cloture motion. I think it Barry is well-prepared for elevation to tremendous impact on policy across is very important that the light and the circuit court. In fact, she has al- the State. She currently serves on its the truth be shone upon this matter. I ready sat on the Court of Appeals—by advisory board, and continues to be think the way to do it is to have more designation—and has written several highly regarded for her insights and discussion. opinions. opinions. Judge Barry has consistently I just want to say to the Senate that impressed me as an extraordinary Mr. President, I highly recommend when I made my 21⁄2-minute presen- Judge Barry for elevation to the third woman, and one who will continue to tation, it is always very difficult to say distinguish herself. I urge my col- circuit. As some of my colleagues may everything in your heart in 21⁄2 min- know, the third circuit is currently leagues to support her confirmation to utes. But I said the reason I am doing facing a judicial emergency, and the the Third Circuit Court of Appeals. this—there is no other reason in the appointment of Judge Barry will help. The PRESIDING OFFICER. The world for me to be delaying a vote on To further address this crisis, I hope question is, Will the Senate advise and an amendment—is that I love the Sen- that the Judiciary Committee will consent to the nomination of ate too much to see it be a party to soon take up the nomination of an- Maryanne Trump Barry, of New Jersey, such a scheme by just 5 percent of the other excellent candidate for the third to be United States Circuit Judge for oil companies to essentially rob this circuit, Judge Julio Fuentes. I would the Third Circuit? Treasury of millions and millions of also be remiss if I did not point out The nomination was confirmed. The PRESIDING OFFICER. The dollars. that the elevation of Judge Barry will This is the fourth time that Senator President will be immediately notified create another vacancy on the District Hutchison has attempted to pass this of the Senate’s action. Court of New Jersey, and so it would be rider. It never had a Senate vote be- essential that the committee move for- f fore. This is the first vote in any way ward with the nomination of Faith LEGISLATIVE SESSION about the Hutchison amendment. Hochberg to that court. The PRESIDING OFFICER. Under By the way, I know that some people Mr. TORRICELLI. Mr. President, I the previous order, the Senate will now who voted aye on the cloture motion rise today in support of Judge return to legislative session. will vote with me on the substance. I Maryanne Trump Barry’s confirmation The Senator from Washington. am looking forward to that. to the Third Circuit Court of Appeals. f But the bottom line is, when we look As a member of the Senate Judiciary at this closely, we see a number of Committee, I have followed Judge Bar- ORDER OF BUSINESS things—that most of the oil companies ry’s nomination closely as it has Mr. GORTON. Mr. President, with re- are doing the right thing on their roy- moved through the confirmation proc- spect to the Interior appropriations alty payments. Ninety-five percent of

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10775 them are doing the right thing. They Look at all the settlements that the What will we have in the end? More pay the appropriate royalty when they oil companies are agreeing to with the delay and a $66 million loss to the drill on Federal lands, onshore or off- various States all throughout our Treasury on top of the $88 million we shore, and they send that check over to country on this matter. They don’t have already lost from the Land and the taxpayers. You know where the want to go to court. They are afraid Water Conservation Fund. I think if funds go—right into the Land and they are going to lose because the the American people will focus on this, Water Conservation Fund and Historic whistleblowers will get out there—be- they will thank those colleagues who Preservation Fund to be used for envi- cause the facts are there. So they are stood with me today. They are all con- ronmental purposes for the upkeep of settling for millions of dollars. sumers. They all understand this. our parks and for the upkeep of our Ironically, Mr. President, I think I There has been a lot of talk on the historical monuments. We all know even sent it to your office on Friday, floor that oil companies are suffering. I from both sides of the aisle that we two more big oil companies are settling was very strongly in support of helping need to do more for our parks and open this week for over $100 million rather the oil companies and the steel compa- space. than take their weak case to the court. nies that were in trouble. I am the first As a matter of fact, there are bipar- We know that the posted prices they one to say we need to give them help. tisan proposals to pass legislation to do are paying their royalty on are just But don’t allow 5 percent to cheat the that. Yet at the same time, too many made up and they are far less than the taxpayers. That is a different issue. people seem willing to shut their eyes market price. The interesting thing about royalty to a raid on the Treasury that would All Interior wants to do is fix the sit- payments is they go down when there lower the revenues to the Land and uation. is a depression in all prices. Water Conservation Fund. You will hear the argument: It is a Wouldn’t it be nice if our rent went You have to ask yourself why the oil bureaucracy run amok. Let me say down if there was a depression or we companies are so interested in this. I this: You could say that about any- lost our job? Wouldn’t it be wonderful think the answer is in the Record. thing. But the facts belie that state- if our mortgage automatically went There have been several whistleblowers ment because the Interior Department down if there was a recession? That is who have come forward who have stat- has held many meetings. By the way, what happens with these royalty pay- ed in the most eloquent of terms that they have opened up their rule for fur- ments. They are very fair. They are when they were working for the oil ther comment. based on the fair market value of the companies, the companies purposely All I want to say to my colleagues by oil. There is no set price because we undervalued the oil so that they could way of thanking them for this is that want to be fair to the oil companies. pay fewer dollars of royalty payments. because of your standing with me It is a privilege to drill on the peo- As USA Today says, what if we all against this cloture amendment, it ple’s land. It is a privilege, whether it woke up one day and said: You know, I means we are going to continue to have is offshore or onshore. If it is Federal don’t think I am paying a fair amount the American people focus in on this land, the taxpayers, the American peo- of rent. Forget about the contract I scam. When they do, they are going to ple own that land. We want to make signed with my landlord. I am just want to know who stood with them or sure we work in a cooperative spirit going to cut it back. who stood with the vertically inte- with those who would like to exploit It wouldn’t be too long before that grated oil companies that had been get- our resources. Make sure, at the same tenant was out on the street, and right- ting away with this robbery. time, that they are good corporate citi- ly so. If he or she signed an agreement, That is all I want. I don’t gain any- zens. What stuns me about this debate they have to pay it. thing out of this. There are lots of oil is that 95 percent of them are and 5 What if one of us decided not to pay companies in my State. They are not percent of the oil companies are not. our mortgage and just say, let’s take 10 thrilled. This is not something I do to All the Department of the Interior is or 20 percent off the top? The answer be popular. But if in your heart you saying is: Please, let us straighten this is, if we did that on a continual basis, know you are right, and if in your mess out with these 5 percent. It is a the banker would take over our home, heart you don’t want to see the Senate lot of money to the Treasury, money and rightly so, because we signed an associated with this kind of scam, then that is necessary to keep our parks up, agreement. you have to stand up and be counted. preserve our remaining open space, in- The oil companies have signed an Many of my colleagues, including Sen- vest in our historical monuments that agreement. They have signed an agree- ator DURBIN, Senator FEINGOLD, Sen- this great Nation so cherishes. It is a ment with the Federal Government, ator WELLSTONE, and Senator MURRAY, shame to see these 5 percent of the oil and 95 percent of them are doing the stood with me and entered statements companies—and this is the fourth time right thing, but 5 percent of them are in the RECORD or stood by my side on this rider is before the Senate—walk- not. the floor of the Senate. ing off with millions of dollars that be- The Interior Department wants to I say to my friend, Senator long to the American taxpayers. make sure that those 5 percent do the HUTCHISON, she was the one who want- Senator HUTCHISON says the Office of right thing by clarifying the rules that ed a vote on Monday originally. The Management and Budget is wrong when govern these royalty payments. The vote was supposed to be held on Tues- they say it is a $66 million loss. The In- Hutchison amendment would stop the day. I did not object to an earlier vote. terior Department says it is a $66 mil- Interior Department in its tracks from A lot of people came back for the vote. lion loss. The CBO tells Senator trying to collect the fair royalties. Therefore, of course, I insisted we have HUTCHISON it is about $11 million. I say I have used another analogy in this a vote. We are going to have another it doesn’t matter if it is $11 million or debate before. If somebody came run- vote. This could be from my perspec- $66 million. Maybe it is somewhere in ning through the Senate Chamber with tive a very short-lived victory. It is between. It is the principle here of mil- a big sack of money that he had just true, they could come up with the 60 lions of dollars that belong to the tax- stolen from the Treasury, every one of votes. But I feel good tonight. We have payers not winding up in the Land and us on both sides of the aisle would stop courage on this floor. This was not an Water Conservation Fund to take care that individual. Frankly, this is no dif- easy vote. of our natural resources. ferent. Senator FEINGOLD has taken to the Whether this is a victory for those How do I know that? floor. He has shown the biggest con- who believe in fairness and justice and The whistleblowers have told us so tributions have come from oil compa- truth, if it is a victory that lasts 24 under penalty of perjury that they sat nies. I understand the power of that. I hours, so be it. To me it is an impor- around and said: Let’s undervalue this understand that. It is hard to stand up tant point. We have made our point. oil and ‘‘wait for the day of judgment.’’ when these 5 percent—and they are the This is not a trivial debate. This is not That is what one of the whistleblowers big ones, the billion-dollar companies— a trivial argument. As a matter of fact, actually said. call you on the phone and say: Come I think the Senator from Idaho, Mr. How else do we know there is cheat- on, this is just a procedural matter, CRAIG, was on the floor and said it is a ing going on? stick with us. baseless debate. It is far from baseless.

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10776 CONGRESSIONAL RECORD — SENATE September 13, 1999 We see that tonight with this vote, on Federal lands. What the Senator It doesn’t end, if a California producer however it winds up. This is a divided from California has asked that we do is chooses to move its oil downstream of the Senate. to allow the Mineral Management well, the rulemaking will reject many of the Again, I thank the people who stood Service to raise the rent on the apart- costs associated with these activities. Again, to reject costs results in a new tax being lev- for fairness, who stood with the tax- ment in the middle of the month. They ied on the producer. payers, who stood with the environ- are breaking a contract and saying: We Senator Hutchison, California producers ment, who stood with those who say are going to raise your taxes right in support your amendment to extend the oil you have to be a good corporate cit- the middle of the contract. royalty rulemaking an additional year. We izen. That is all we are saying. We ex- If we allow that to happen, who will offer our support not on behalf of the largest pect our citizens to be good. Boy, if be next? Who is the next person who is producers in the world but instead on behalf they don’t pay their taxes, we are after going to have a contract and have the of independent producers in the state of Cali- them. And don’t have the lawyers that price increased in the middle of the fornia. Your amendment will provide the the oil companies have on their side to contract? Contract rights are part of needed impetus to craft a rule that truly does affect the small producer and creates a drag out these arguments in court, the basis of the rule of law in this country, and we seem to be blithely new rulemaking framework that is fair and month after month—ordinary citizens equitable for all parties. going over it as if, ‘‘It’s a big oil com- don’t have that. If they don’t pay their Again, thank you for offering this amend- taxes, they have to explain why. If pany; we can run over them.’’ That is ment. We cannot allow the government to they don’t pay their rent, they better not the rule of law. We should not be unilaterally assess an additional tax on inde- explain why. If they don’t pay their raising taxes in the middle of a con- pendent producers. After record low oil mortgage, they better tell the bank tract. It is not right and I hope in the prices. California producers are barely begin- why. end the Senate will prevail and we will ning to travel down a lengthy road to recov- We shouldn’t have a double standard make the tax policy for this country. ery. To assess a new tax at this time could just because an oil company is power- No. 2, the Senator from California have a devastating effect on federal produc- tion and the amount of royalties paid to the ful, just because an oil company can keeps saying only 5 percent of the oil companies are going to be affected by government. give millions of dollars of contribu- Sincerely, the MMS-proposed rule. In fact, every tions, just because an oil company is DANIEL P. KRAMER, influential. This day we stood up for company that drills on public lands is Executive Director. affected by this ruling. I want to put in the average person. I hope we do it Mrs. HUTCHISON. Mr. President, I again. For me, it was all worth it. the RECORD the letter that was re- ceived on September 13, 1999, by the submit for the RECORD the very people I yield the floor. who are affected are from the home Mrs. HUTCHISON. Mr. President, I California Independent Petroleum As- sociation. State of the Senator from California, think it is very clear that the Senate the small producers, the independents Dear Senator HUTCHISON: has seen through all of the rhetoric, who do not have the luxury of big mar- through all of the hyperbole, and they The California Independent Petroleum As- sociation represents 450 independent oil and gins. They are very much affected and have made the right decision on this gas producers, royalty owners, and service very concerned about this rule and amendment. I am very proud tonight companies operating in California. We want what it would do to somebody who has that if everyone had been here we to set the record straight. The MMS oil roy- a contract, who says: Pull your truck would have had 60 votes for cloture. As alty rulemaking affects all California pro- up and I will sell you 1000 barrels of oil. ducers on federal land. It is false to claim it is, we had 55 votes. The clear will of Here is the price, $12 a barrel. the Senate is to do the right thing on that this rulemaking only affects the top 5 And the Government says: No, we this issue—not to be led down a path, percent of oil producers. How are California independents affected? will not accept the $12 a barrel, even bringing up issues that are unrelated in The proposed rulemaking allows the govern- though they are picking it up right order to make a point that isn’t rel- ment to second guess a wellhead sale. If re- there. evant to what we are talking about jected, a California producer is subjected to today. an ANS index that adjusts to the wellhead That is exactly what the MMS rule The Senate voted, overwhelmingly, set by the government. Using a government does. So every independent is affected to come to closure and take control of formula instead of actual proceeds results in and it is the independents who are hav- the tax policy of this country. After a new tax being imposed on all producers of ing to lay people off in this industry federal oil. all, if the Senate doesn’t make the tax because the oil prices have been so low policy along with our colleagues in the I ask unanimous consent the entire over the last year that they have not House, are we going to let unelected letter be printed in the RECORD. been able to stay in business. There being no objection, the mate- bureaucrats make decisions that will Do you know what happens when rial was ordered to be printed in the affect our economy, the jobs of thou- somebody shuts down? Every family RECORD, as follows: sands of people, possibly sending them that is dependent on employment from overseas for foreign jobs instead of CALIFORNIA INDEPENDENT that small producer no longer has a PETROLEUM ASSOCIATION, job, and they may live in a place where American jobs? Our Senate colleagues Sacramento, CA, September 13, 1999. tonight said the Senate of the United it is not easy to find another job. The Hon. KAY BAILEY HUTCHISON, big oil companies just chose to move States is going to speak on oil and gas U.S. Senate, tax policy. We spoke very clearly that Washington, DC. overseas where they know what the regulatory environment is. They know we want a 1-year moratorium. We hope CIPA SUPPORTS YOUR AMENDMENT TO EXTEND MMS will do the right thing in giving ROYALTY RULEMAKING AN ADDITIONAL YEAR it is stable. They do not want to create a simple and fair tax that will be paid DEAR SENATOR HUTCHISON: The California foreign jobs, but that is what they are by the oil companies for the right to Independent Petroleum Association (CIPA) forced to do because it is so hard to do drill on public lands. That is the issue represents 450 independent oil and gas pro- business in the United States and espe- here. ducers, royalty owners and service compa- cially when an unelected bureaucracy There has been a lot said tonight. nies operating in California CIPA wants to is able to change the taxes in the mid- set the record straight. The MMS oil royalty First of all, the quote was made from a dle of a contract. That is just not the rulemaking affects all California producers American way. USA Today article saying that this on federal land. It is false to claim that this would be like a lessee saying: I’m not rulemaking only affects the top 5% of all I am very proud the people of the going to pay $500 a month for this producers. Senate spoke clearly tonight, very apartment; I’m going to pay $400 a How are California independents affected? clearly; 55 Members of the Senate month even though I agreed to pay $500 The proposed rulemaking allows the govern- voted to make the tax policy in this a month. ment to second guess a wellhead sale. If re- country. Actually, it is just the opposite. The jected, a California producer is subjected to Congress did hope we could simplify an ANS index that adjusts to the wellhead oil companies have a contract with the set by the government. Using a government oil royalty rates. We asked the Mineral Federal Government. They have met formula instead of actual proceeds results in Management Service to come forward all the criteria that the Federal Gov- a new tax imposed on all producers of federal with a simplified system so everyone ernment has put down in order to drill oil. would know exactly what the price

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By the The May 5 Agreements between the time you go through all of this, how Mrs. HUTCHISON. Mr. President, I Governments of Indonesia and Por- could anyone know for sure what they ask unanimous consent that the Sen- tugal and the United Nations mandated owed? ate proceed to a period of morning the popular vote on the offer of auton- Furthermore, the MMS will not allow business, with Senators permitted to omy and clearly delegated responsi- the ruling for one company on oil roy- speak for up to 10 minutes each. bility for peace and security before, alty rates and the basis for those rates The PRESIDING OFFICER. Without during and after the ballot process to to apply to any other person who is objection, it is so ordered. the Government of Indonesia. And the drilling, unlike the IRS, which will f Government of Indonesia freely agreed give you a ruling letter so you will THE SITUATION IN EAST TIMOR to take on that responsibility. Yet, in the face of widespread vio- know this is the precedent, this is the Mrs. FEINSTEIN. Mr. President, like lence, the Indonesian army and police way the IRS will treat this particular many of my colleagues, I was pleased forces have stood aside and, worse, as- fact situation so anyone else with the yesterday when President B.J. Habibie sisted the anti-independence militias. same fact situation can rely on the of Indonesia agreed to work with the I, like many of my colleagues, was precedent and can give IRS that ruling United Nations to allow international document and know they will be treat- peacekeepers to restore peace and sta- startled by the Government of Indo- ed the same. That is not the case. The bility to East Timor. The reprehensible nesia’s unwillingness or inability to MMS refuses to be bound by the prece- wave of violence that engulfed East control its own military forces and po- dents they set themselves, even if the Timor in the week following the an- lice in East Timor. Now that the Government of Indo- facts happen to be the same. That is nouncement of the August 30 ref- nesia has agreed to work with the not sound policy. That is not fair treat- erendum was inexcusable, and demands ment for the taxpayers and the people the harshest condemnation by the United Nations to restore peace to East doing business and creating jobs in our international community. Timor, there is much work to be done. country. But, more importantly, the inter- First, I am heartened by the willing- The Senate has clearly spoken. The national community must now work to ness of the Australian government to question is, Will the Senator from Cali- bring an immediate end to the violence lead peacekeeping efforts to restore fornia let the majority rule? Will the in East Timor, protect refugees, safe- peace in security to East Timor, by the Senator from California say 55 Mem- guard humanitarian aid for displaced willingness of the states of ASEAN to bers on both sides of the aisle have persons, and work with Indonesian participate in this peacekeeping mis- voted for Congress to set tax policy and troops already in East Timor to see to sion, and by the efforts of the United to require the oil companies to pay a it that they fulfill their mission of pro- Nations Security Council to engage the fair price for drilling on public lands? tecting the East Timorese. Government of Indonesia to address That is the question. On August 30, close to 98 percent of these issues. The United States, along The Senate has voted 55, with 5 Mem- the eligible voters of East Timor went with our partners in the United Na- bers missing—according to the votes to the polls for the United Nations tions and the international commu- that have been taken it will be 60 votes sponsored vote on East Timor’s auton- nity, must be responsive to these ef- if everyone is here and voting. So we omy. This vote was in keeping with the forts and provide appropriate assist- have the vast majority to invoke clo- May 5 agreements between Indonesia, ance. ture, and the question is, Will the Sen- Portugal, and the United Nations re- Second, I believe that it is essential ator from California do the honorable garding the future of East Timor. that the international community con- thing? She said earlier in this debate On September 4, the Secretary Gen- demns the acts of violence that have she wanted fair treatment of this eral of the United Nations announced occurred in East Timor in the past amendment. Fair treatment means an the outcome of the August 30 vote, and week—as it has in Bosnia, Kosovo, up-or-down vote on the amendment. So the results show that the people of Rwanda, and elsewhere—and urge a the question is, in the face of the over- East Timor have spoken with a clear complete investigation into any crimi- whelming majority of the Senate who voice: 78.5 percent rejected autonomy nal acts with those responsible being want to do the right thing, who want in favor of complete independence from brought to justice. fair taxation of our oil and gas indus- Indonesia. Third, now that the Government of try, will she let the majority rule? She Under the May 5 agreements, if East Indonesia has agreed to allow inter- said, in the CONGRESSIONAL RECORD on Timor opted for independence, the Gov- national peacekeepers into East Timor, September 9: ernment of Indonesia committed itself I am hopeful that it will continue to Mr. President, I thank the chairman of the to a process of peaceful and constitu- work with the United Nations to imple- committee for being so gracious in pre- tional change, in which the United Na- ment the August 30th vote and safe- serving my rights. My friend from Texas and tions would oversee the transition to guard East Timor’s transition to inde- I feel equally strongly on the point, just on independence for East Timor. pendence. The United States and the different sides. I think each of us wants to Unfortunately, following the Sec- international community must remain have justice done on the amendment. retary General’s announcement of the engaged and involved with this transi- If the Senator from California will clear, overwhelming, and freely-ex- tion, and strongly encourage the Gov- stick with her commitment that we pressed choice of the East Timor peo- ernment of Indonesia to make those would have justice done on the amend- ple, anti-independence militias, backed changes that the people of East Timor ment, she will allow the majority to by the Indonesian military and police, in the August 30 referendum over- rule. The majority has heard the de- began a systematic and organized cam- whelmingly supported. bate on this issue; they have seen paign of terror, violence and intimida- Lastly, I believe that President Clin- through the rhetoric; they have seen tion in an effort to overturn the will of ton’s decision to review U.S. inter- that lawsuits are not a part of making the people of East Timor. national financial and military assist- a fair rule. They have seen it is the re- The criminal action undertaken by ance to Indonesia in the context of the sponsibility of Congress to set policy the militias and their backers in the violence in East Timor was wholly ap- because we do have accountability. We Indonesian military are reprehensible: propriate, and that Jakarta must un- are accountable to the people. mass looting, arson, systematic de- derstand that as much as we value our So if the Senator from California struction of infrastructure, and most relations with the people of Indonesia, means to do justice by the amendment, disturbing of all, murder. future U.S. assistance will depend on

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10778 CONGRESSIONAL RECORD — SENATE September 13, 1999 their continued cooperation with the improving the overall performance of H. Con. Res. 180. Concurrent resolution ex- international community in resolving our export control program. The pressing the sense of Congress that the this deplorable situation. Deutch Report observed that the AES President should not have granted clemency Mr. President, the people of East could be used as a tool to identify to terrorists. Timor have made their feelings clear. trends in shipments of otherwise non- The message also announced that the They want a peaceful transition to strategic items that might be used by House has passed the following bill, in independence. The Government of In- rogue nations pursuing the develop- which it requests the concurrence of donesia has made a commitment that ment of weapons of mass destruction. the Senate: they would grant the people of East Based upon the Deutch Commission’s H.R. 2684. An act making appropriations Timor independence and oversee a recommendation, Senator SPECTER in- for the Departments of Veterans Affairs and peaceful transition. As the Government troduced a bill, S. 1372, entitled ‘‘Pro- Housing and Urban Development, and for sundry independent agencies, boards, com- of Indonesia has belatedly recognized, liferation Prevention Enhancement missions, corporations, and offices for the it must live up to its commitments. Act of 1999.’’ This bill mandates that fiscal year ending September 30, 2000, and for The international community can play U.S. companies electronically files other purposes. a crucial role in providing support and Shipper’s Export Declarations (SEDs) The message further announced that helping guarantee the security of the through AES for exports of items that the House agrees to the report of the people of East Timor in this transition are on the U.S. Munitions List of the committee of conference on the dis- to independence. We must not let them Commerce Control List. I commend my agreeing votes of the two Houses on down. colleague for his efforts to improve the the amendment of the Senate to the f overall effectiveness of our export con- bill (H.R. 2587) making appropriations trol program which is so essential to EFFECTIVE EXPORT CONTROLS for the government of the District of preserving our nation’s security. I am a Columbia and other activities charge- Mr. AKAKA. Mr. President, as Rank- cosponsor of this legislation and urge able in whole or in part against reve- ing Member of the Governmental Af- its support. Our continued oversight of nues of said District for the fiscal year fairs Subcommittee on International exports of dual-use and munitions list ending September 30, 2000, and for Security, Proliferation and Federal items will help ensure that exports do other purposes. Services, I wish to call attention to an not go awry to rogue nations or indi- f important briefing given to Senate viduals. staff just prior to the August recess by EXECUTIVE AND OTHER f Administration officials from the U.S. COMMUNICATIONS Customs Service and the U.S. Census MESSAGES FROM THE PRESIDENT The following communications were Bureau on the new Automated Export Messages from the President of the laid before the Senate, together with System (AES). United States were communicated to accompanying papers, reports, and doc- The AES is a joint venture between the Senate by Mr. Williams, one of his uments, which were referred as indi- the U.S. Customs Service and the For- secretaries. cated: eign Trade Division of the U.S. Census EXECUTIVE MESSAGES REFERRED EC–5111. A communication from the Assist- Bureau. AES provides for the elec- As in executive session the Presiding ant General Counsel for Regulatory Law, De- tronic filing of the Shipper’s Export Officer laid before the Senate messages partment of Energy, transmitting, pursuant Declaration (SED) and electronic filing from the President of the United to law, the report of a rule entitled ‘‘Radio- of the outbound manifest. AES is an in- active Contamination Control Guide’’ (DOE States submitting a treaty and sundry formation gateway designed to ensure G 441.1–9), received September 7, 1999; to the nominations which were referred to the compliance with and enforcement of Committee on Energy and Natural Re- appropriate committees. laws relating to exporting. It will im- sources. (The nominations received today are EC–5112. A communication from the Acting prove the collection of trade statistics printed at the end of the Senate pro- Assistant Administrator, Office of Preven- and improve customer service. Its goal ceedings.) tion, Pesticides and Toxic Substances, Envi- is a paperless reporting of export infor- ronmental Protection Agency, transmitting, mation by the year 2002. f pursuant to law, a report relative to condi- I believe the AES will become the REPORT ON THE UNITED STATES tional pesticide registrations for 1997 and centerpiece of efforts to improve the PARTICIPATION IN THE UNITED 1998; to the Committee on Agriculture, Nu- effectiveness of the United States’ ex- NATIONS—MESSAGE FROM THE trition, and Forestry. port control program. EC–5113. A communication from the Sec- PRESIDENT—PM 56 retary, Securities and Exchange Commis- Last June Senator THOMPSON, Chair- The PRESIDING OFFICER laid be- sion, transmitting, pursuant to law, the man of the Governmental Affairs Com- fore the Senate the following message Board’s report under the Government in the mittee, held very important hearings from the President of the United Sunshine Act for calendar years 1996, 1997, on the findings and recommendations States, together with an accompanying and 1998; to the Committee on Governmental of reports issued by the Inspectors Gen- Affairs. report; which was referred to the Com- eral from six U.S. agencies involved in EC–5114. A communication from the Ad- mittee on Foreign Relations. the export control process: namely, the ministrator, General Services Administra- Departments of Commerce, Defense, To the Congress of the United States: tion, transmitting, pursuant to law, a report relative to personal property furnished to Energy, State, Treasury (U.S. Cus- I am pleased to transmit herewith a non-Federal recipients; to the Committee on toms), and the Central Intelligence report of the activities of the United Governmental Affairs. Agency. One of the critical rec- Nations and of the participation of the EC–5115. A communication from the Direc- ommendations made by several of the United States therein during the cal- tor of the Office of Management and Budget, Inspectors General was that licensing endar year 1998. The report is required Executive Office of the President, transmit- officials should perform ‘‘cumulative by the United Nations Participation ting, pursuant to law, a report on direct effect analysis’’ of proposed export Act (Public Law 79–264; 22 U.S.C. 287b). spending or receipts legislation dated August 17, 1999; to the Committee on the Budget. transactions. The primary tool for this WILLIAM J. CLINTON. EC–5116. A communication from the Direc- analysis will be information gathered THE WHITE HOUSE, September 13, 1999. tor, Regulations Policy and Management in the AES. f Staff, Food and Drug Administration, De- Furthermore, the recent report from partment of Health and Human Services, the Commission to Assess the Organi- MESSAGE FROM THE HOUSE transmitting, pursuant to law, the report of zation of the Federal Government to At 12:54 p.m., a message from the a rule entitled ‘‘Indirect Food Additives: Ad- Combat the Proliferation of Weapons House of Representatives, delivered by juvants, Production Aids, and Sanitizers’’, of Mass Destruction, chaired by former Mr. Berry, one of its reading clerks, an- received September 9, 1999; to the Committee on Health, Education, Labor, and Pensions. CIA Director John Deutch, entitled nounced that the House has agreed to EC–5117. A communication from the Direc- ‘‘Combating Proliferation of Weapons the following concurrent resolution, in tor, Regulations Policy and Management of Mass Destruction,’’ also highlighted which it requests the concurrence of Staff, Food and Drug Administration, De- the AES program as a central tool for the Senate: partment of Health and Human Services,

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transmitting, pursuant to law, the report of EC–5127. A communication from the Con- By Mr. MCCAIN: a rule entitled ‘‘Listing of Color Additives gressional Review Coordinator, Regulatory S. 1577. A bill to assure timely, rational, for Coloring Bone Cement; FD&C Blue No. 2- Analysis and Development, Policy and Pro- and complete Federal Communications Com- Aluminum Lake on Alumina’’, received Sep- gram Development, Animal and Plant Health mission resolution of all pending proceedings tember 9, 1999; to the Committee on Health, Inspection Service, Department of Agri- reexamining the current radio and television Education, Labor, and Pensions. culture, transmitting, pursuant to law, the broadcast stations ownership rules; to the EC–5118. A communication from the Direc- report of a rule entitled ‘‘Mediterranean Committee on Commerce, Science, and tor, Regulations Policy and Management Fruit Fly; Removal of Quarantined Area’’ Transportation. Staff, Food and Drug Administration, De- (Docket No. 98–083–6), received September 2, By Mr. SANTORUM: partment of Health and Human Services, 1999; to the Committee on Agriculture, Nu- S. 1578. A bill to suspend temporarily the transmitting, pursuant to law, the report of trition, and Forestry. duty on ferroniobium; to the Committee on a rule entitled ‘‘Indirect Food Additives: Ad- EC–5128. A communication from the Ad- Finance. juvants, Production Aids, and Sanitizers’’, ministrator, Agricultural Marketing Serv- By Ms. SNOWE: received September 9, 1999; to the Committee ice, Marketing and Regulatory Programs, S. 1579. A bill to amend title 38, United on Health, Education, Labor, and Pensions. Department of Agriculture, transmitting, States Code, to revise and improve the au- EC–5119. A communication from the Gen- pursuant to law, the report of a rule entitled thorities of the Secretary of Veterans Affairs eral Counsel, Federal Emergency Manage- ‘‘Milk in the Southwest Plains Marketing relating to the provision of counseling and ment Agency, transmitting, pursuant to law, Area—Suspension’’ (DA–99–06), received Sep- treatment for sexual trauma experienced by the report of a rule entitled ‘‘Extension of tember 2, 1999; to the Committee on Agri- veterans; to the Committee on Veterans Af- Application Period for Temporary Housing culture, Nutrition, and Forestry. fairs. Assistance; 64 CFR 46852; 08/27/99’’ (RIN3067– EC–5129. A communication from the Ad- By Mr. ROBERTS (for himself, Mr. AC82), received September 7, 1999; to the ministrator, Agricultural Marketing Serv- KERREY, Mr. CRAIG, Mr. BURNS, Mr. Committee on Banking, Housing, and Urban ice, Marketing and Regulatory Programs, BAUCUS, Mr. GRASSLEY, Mr. Affairs. Department of Agriculture, transmitting, SANTORUM, Mr. CRAPO, Mr. JOHNSON, EC–5120. A communication from the Sec- pursuant to law, the report of a rule entitled Mr. THOMAS, Mr. BROWNBACK, Mr. retary of Transportation, transmitting, pur- HAGEL, Mr. DASCHLE, Mr. HARKIN, suant to law, a report relative to the ade- ‘‘Irish Potatoes Grown in Colorado; In- quacy of the nation’s marine transportation creased Assessment Rate’’ (FV99–948–1 FR), Mr. ENZI, Mr. INHOFE, and Mr. CON- system; to the Committee on Commerce, received September 2, 1999; to the Committee RAD): Science, and Transportation. on Agriculture, Nutrition, and Forestry. S. 1580. A bill to amend the Federal Crop EC–5121. A communication from the Chair- EC–5130. A communication from the Ad- Insurance Act to assist agricultural pro- man, Federal Election Commission, trans- ministrator, Agricultural Marketing Serv- ducers in managing risk, and for other pur- mitting, pursuant to law, the report of a rule ice, Marketing and Regulatory Programs, poses; to the Committee on Agriculture, Nu- entitled ‘‘Public Financing of Presidential Department of Agriculture, transmitting, trition, and Forestry. pursuant to law, the report of a rule entitled Primary and General Election Campaigns’’, f received September 7, 1999; to the Committee ‘‘Vidalia Onions Grown in Georgia; Fiscal on Rules and Administration. Period Change’’ (FV99–955–1 IFR), received SUBMISSION OF CONCURRENT AND EC–5122. A communication from the Assist- September 9, 1999; to the Committee on Agri- SENATE RESOLUTIONS ant Secretary for Export Administration, culture, Nutrition, and Forestry. Bureau of Export Administration, Depart- EC–5131. A communication from the Ad- The following concurrent resolutions ment of Commerce, transmitting, pursuant ministrator, Agricultural Marketing Serv- and Senate resolutions were read, and to law, the report of a rule entitled ‘‘Chem- ice, Marketing and Regulatory Programs, referred (or acted upon), as indicated: ical Weapons Convention, Revisions to the Department of Agriculture, transmitting, By Mr. LEVIN (for himself and Mr. Export Administration Regulations; States pursuant to law, the report of a rule entitled COCHRAN): Parties; Licensing Policy Clarification’’ ‘‘Oranges and Grapefruit Grown in Lower Rio S. Res. 182. A resolution designating Octo- (RIN0694–AB67), received September 7, 1999; Grande Valley in Texas; Changes to Pack Re- ber, 1999, as ‘‘National Stamp Collecting to the Committee on Banking, Housing, and quirements’’ (FV99–906–3 IFR), received Sep- Month’’; to the Committee on the Judiciary. Urban Affairs. tember 9, 1999; to the Committee on Agri- EC–5123. A communication from the Chair- culture, Nutrition, and Forestry. f man and Chief Executive Officer, Farm Cred- it Administration, transmitting, pursuant to f STATEMENTS ON INTRODUCED law, the report of a rule entitled ‘‘Transfers PETITIONS AND MEMORIALS BILLS AND JOINT RESOLUTIONS of Capital from Banks to Associations’’ The following petitions and memo- By Mr. MCCAIN: (RIN3052–AB80), received September 9, 1999; S. 1577. A bill to assure timely, ra- to the Committee on Agriculture, Nutrition, rials were laid before the Senate and and Forestry. were referred or ordered to lie on the tional, and complete Federal Commu- EC–5124. A communication from the Under table as indicated: nications Commission resolution of all Secretary, Food, Nutrition and Consumer pending proceedings reexamining the POM–348. A resolution adopted by the Services, Department of Agriculture, trans- Board of Supervisors of Latimer County, current radio and television broadcast mitting, pursuant to law, the report of a rule Oklahoma relative to the English language; stations ownership rules; to the Com- entitled ‘‘Food Stamp Program: Food Stamp to the Committee on the Judiciary. mittee on Commerce, Science, and Provisions of the Balanced Budget Act of Transportation. 1997’’ (RIN0584–AC63), received September 7, f 1999; to the Committee on Agriculture, Nu- BROADCAST OWNERSHIP REFORM ACT OF 1999 trition, and Forestry. REPORTS OF COMMITTEES Mr. MCCAIN. Mr. President, I rise EC–5125. A communication from the Ad- The following reports of committees today to introduce legislation that will ministrator, Farm Service Agency, Farm were submitted: make federal radio and television own- and Foreign Agricultural Services, Depart- ership rules Y2K compatible. ment of Agriculture, transmitting, pursuant By Mr. LUGAR, from the Committee on to law, the report of a rule entitled ‘‘Final Agriculture, Nutrition, and Forestry, with When Congress passed the Tele- Rule: 1998-Crop Peanuts, National Poundage an amendment in the nature of a substitute communications Act of 1996 almost Quota, National Average Price Support and an amendment to the title. four years ago, we recognized that the Level for Quota and Additional Peanuts, and S. 566. A bill to amend the Agricultural forty-year-old rules restricting broad- Minimum Commodity Credit Corporation Trade Act of 1978 to exempt agricultural cast station ownership were badly out- Export Edible Sales Price for Additional commodities, livestock, and value-added products from unilateral economic sanc- dated and in need of change. They re- Peanuts’’ (RIN0560–AF81), received Sep- flected a mass media industry made up tember 7, 1999; to the Committee on Agri- tions, to prepare for future bilateral and culture, Nutrition, and Forestry. multilateral trade negotiations affecting of radio stations, TV stations, and EC–5126. A communication from the Con- United States agriculture, and for other pur- newspapers—and that’s all. None of the gressional Review Coordinator, Regulatory poses (Rept. No. 106–157). dominant new multichannel media like Analysis and Development, Policy and Pro- f cable TV, satellite TV, or the Internet gram Development, Animal and Plant Health figured in, because they didn’t exist. Inspection Service, Department of Agri- INTRODUCTION OF BILLS AND But they exist now, and they have culture, transmitting, pursuant to law, the JOINT RESOLUTIONS transformed the way Americans get report of a rule entitled ‘‘High-Temperature Forced-Air Treatments for Citrus’’ (Docket The following bills and joint resolu- their news, information, and entertain- No. 96–069–4), received September 7, 1999; to tions were introduced, read the first ment. As more and more people turn to the Committee on Agriculture, Nutrition, and second time by unanimous con- cable channels and the Internet as and Forestry. sent, and referred as indicated: their preferred means of electronic

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10780 CONGRESSIONAL RECORD — SENATE September 13, 1999 communications, the audience and rev- if the Commission can do so by Janu- (6) Although the Commission has reexam- enues of the big TV networks have ary 1, based on the extensive record ined and revised its broadcast duopoly and plummeted, and the number and cir- that has been pending before them for one-to-a-market ownership rules, it has not culation of daily newspapers have spi- over three years. completed long-pending reexaminations of its national television station ownership re- raled downward. Mr. President, there are lots of policy strictions or the newspaper-broadcast cross- The days when Huntley, Brinkley cobwebs that have kept these rules in ownership prohibition. and Cronkite on the air, and the Times, place despite the permanent and un- (7) The Commission’s failure to simulta- the Post, and the Tribune at the break- mistakable changes the electronic neously resolve all its pending broadcast fast table dominated our perspectives media market has undergone. Some of cross-ownership rules fails to recognize, as on the issues are forever gone. In their them spring from the notion that Congress did in enacting section 202(h), that place are CNN, CNBC, MSNBC, and the broadcasting, as a free rider on the the proliferation and convergence of alter- innumerable web sites available on the public’s multibillion-dollar spectrum, native electronic media implicates the bases of the national television ownership rules Internet. can and should be subject to regulation and the newspaper broadcast cross-ownership Even more important, Americans over and above that of other media. rules no less than the bases of the local radio today are no longer just passive recipi- Others are stubbornly ingrained no- and television station ownership rules. ents of the news and views doled out by tions of how powerful the TV networks (8) The Commission’s failure to simulta- a handful of powerful TV networks and and newspapers are. Still others—the neously resolve all its broadcast cross-own- daily newspapers. Today, thanks to the least worthy—are scars left over from ership rules will affect all potential buyers Internet, anyone on line can pose ques- what particular newspapers have had and sellers of radio and television stations in tions and exchange perspectives with to say on their editorial pages. the interim, because the current restrictions anyone else on line. Nobody is less sympathetic than I am will prevent networks and newspaper pub- lishers from engaging in station transactions In other words, the days when net- to the fact that broadcasters, unlike to the extent they otherwise might. work news and big-city newspaper edi- other users of the public’s spectrum, (9) The Commission’s failure to simulta- tors were the dominant opinionmakers pay nothing for the privilege. But sub- neously resolve its pending proceedings on are long over. But the restrictive own- jecting them to anachronistic, even the national television ownership and news- ership rules that were a product of that counterproductive, rules isn’t a sub- paper/broadcast crossownership restrictions time aren’t over. Like so many federal stitute for lost spectrum revenues. And is arbitrary and capricious, because it treats regulations, they live on, despite the remembrances of things past, whether similarly-situated entities—those bound by fact that they’re as out-of-date as Alice they be the long-gone days of network ownership rules that predate the advent of increased competition from alternative elec- Kramden’s ice box. TV hegemony or old stories in the local tronic media—differently, without any con- The proliferation of alternative newspaper, are no way to deal with the sideration of, or reasoned analysis for, this sources of electronic news, information problems of the present. disparate treatment. and entertainment hasn’t just made Uncle Miltie TV ownership rules (10) The increase in the national television the old ownership rules useless—it’s ac- don’t work in a Chris rock media mar- audience reach limitation to 35 percent man- tually made them harmful. Faced with ket. Let’s face that fact, shed our out- dated by section 202(c)(1)(B) of the Tele- daunting competition from these new dated notions, and finish the job the communications Act of 1996 was not estab- media, broadcasters, and especially FCC didn’t lished as the maximum percentage compat- newspaper owners, must have the op- Mr. President, I ask unanimous con- ible with the public interest. On the con- trary, section 202(h) of that Act expressly di- portunity to realize the increased oper- sent that the text of the bill be printed rects the Commission to review biennially ating economy and efficiency that lib- in the RECORD. whether any of its broadcast ownership eralized ownership rules make possible. There being no objection, the bill was rules, including those adopted pursuant to If we do not allow this to happen, we ordered to be printed in the RECORD, as section 202 of the Act, are necessary in the place the future of these older media in follows: public interest as a result of competition. even greater doubt in today’s S. 1577 (11) The 35-percent national television au- hypercompetitive market. Be it enacted by the Senate and House of Rep- dience reach limitation is unduly restrictive Congress recognized all this when it resentatives of the United States of America in in light of competition. Congress assembled, (12) The newspaper/broadcast cross-owner- directed the FCC to review all its ship restriction in unduly restrictive in light SECTION 1. SHORT TITLE. broadcast ownership rules every two of competition. This Act may be cited as the ‘‘Broadcast years. Although the Commission re- (13) The Commission’s failure to resolve its Ownership Reform Act of 1999’’. cently overhauled some of these rules, pending proceedings on the national tele- it left two others intact—the national SEC. 2. FINDINGS. vision ownership and newspaper/broadcast The Congress makes the following findings: cross-ownership restrictions simultaneously network ownership limit and the ban (1) The contemporary electronic mass with its resolution of the proceedings on the on owning a daily newspaper and a media market provides consumers with duopoly and one-to-a-market rules does not broadcast station in the same market. abundant alternative sources of news, infor- serve the public interest. That’s not consistent with what Con- mation and entertainment, including radio gress told the Commission to do, and it and television broadcast stations, cable tele- SEC. 3. INCREASE IN NATIONAL TELEVISION AU- DIENCE REACH LIMITATION. isn’t fair. We told the Commission to vision systems, and the Internet. (2) Due to the advent of digital technology, (a) IN GENERAL.—The Federal Communica- reexamine all the rules precisely be- tions Commission shall modify its rules for cause all the rules, not just some of the these alternative sources of electronic news, information and entertainment are con- multiple ownership set forth in section rules, have been rendered counter- verging as well as proliferating. 73.3555(e) of its regulations (47 C.F.R. productive by the changes that have (3) The simultaneous proliferation and con- 73.3555(e) by increasing the national audience taken place in the electronic mass vergence of electronic mass media renders reach limitation for television stations to 50 media marketplace. In fact, the rule technology-specific regulation obsolete. percent. that’s arguably the most hopelessly (4) The public interest demands that the (b) FURTHER INCREASE.—The Commission Federal Communications Commission reex- may modify those rules to increase the limi- anachronistic is the newspaper/broad- tation to a greater percentage than the 50 cast cross-ownership ban—yet the FCC amine its technology-specific regulation of electronic mass media to assure that it re- percent required by subsection (a) if it deter- shows no sign of budging on it. tains its relevance in the face of the pro- mines that the increase is in the public in- Mr. President, this bill corrects this liferation and convergence of electronic terest. situation. With respect to the national mass media. SEC. 4. TERMINATION OF NEWSPAPER/BROAD- TV ownership limits, it follows the ap- (5) Section 202(h) of the Telecommuni- CAST CROSS-OWNERSHIP RULE. proach Congress used in the 1996 Tele- cations Act of 1996 recognized that there is a (a) IN GENERAL.—The newspaper/broadcast communications Act by raising the na- particular public interest need for the Fed- cross-ownership rule under section 73.3555(d) tional audience reach limitation from eral Communications Commission to periodi- of the Federal Communication Commission’s regulations (47 C.F.R. 73.3555(d)) shall cease 35 to 50 percent, and allows the FCC to cally and comprehensively reexamine its radio and television broadcast ownership to be in effect after December 31, 1999, unless raise it further if the public interest rules, which predate the proliferation and it is reinstated by the Commission under warrants it. It eliminates the news- convergence of alternative competing elec- subsection (b) before January 1, 2000. paper/broadcast cross-ownership ban, tronic sources of news, information and en- but would allow the FCC to reimpose it tertainment. By Ms. SNOWE:

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10781 S. 1579. A bill to amend title 38, According to the DOD, over 5 percent This legislation represents a signifi- United States Code, to revise and im- of female active duty personnel have cant step in improving the risk man- prove the authorities of the Secretary been sexually assaulted while in the agement tools available to producers of Veterans Affairs relating to the pro- service. And a recent survey conducted throughout the United States. vision of counseling and treatment for for the Pentagon found that between In early March, Senator KERREY and sexual trauma experienced by veterans; 1988 and 1995, the percentage of active I joined to introduce S. 529, the ‘‘Crop to the Committee on Veterans Affairs. duty women who reported that they Insurance for the 21st Century Act.’’ At VETERANS SEXUAL TRAUMA TREATMENT ACT had received uninvited or unwanted the time, we stated that we did not Ms. SNOWE. Mr. President, I rise sexual attention stood at 55 percent, necessarily believe it was ‘‘the bill,’’ today to introduce the Veterans Sexual while the percentage for men stands at but that we hoped it would serve as the Trauma Treatment Act, legislation au- 14 percent. starting point for a discussion that thorizing a program within the U.S. The survey also reported that 78 per- would lead to the introduction of a Department of Veterans Affairs (VA) cent of female respondents said they comprehensive piece of legislation to which will offer counseling and medical had experienced one or more specific improve the risk management tools treatment to veterans who suffered types of unwanted behaviors from a available to producers throughout the from sexual abuse while serving in the range of specified inappropriate behav- U.S. and which could be supported by a armed forces. iors. majority of our colleagues. I have nothing but the utmost re- Eighty eight percent of females said I believe this is that bill. Going back spect for those who have served or are the harassment occurred on a base; 74 to last fall and through this spring and currently serving their country in uni- percent said the harassment occurred summer, we have been involved in lit- form. Countless men and women, and at work; 77 percent said it occurred erally hundreds of hours of discussions their families, have served this country during duty hours; 44 percent said that with producers, commodity and farm with courage, honor and distinction. military coworkers of equal rank were organizations, insuranceproviders, in- Today, as they have throughout this the perpetrators; and 43 percent said surance agents, and Members of the proud nation’s history, they stand the perpetrator was of a higher rank. House and Senate regarding what needs ready to answer the call to duty, and These findings are very disturbing. to be done to improve the risk manage- they deserve, at the very least, to serve The data illustrates just how wide- ment tools available to our farmers free from the threat of sexual abuse spread this problem is, and indicates and ranchers. and harassment. And yet, an estimated the need for a program to treat victims The bill we introduce today is the 35 percent of all female veterans report upon separation from active duty serv- product of these many discussions. This bill includes many of the provi- at least one incident of sexual harass- ice. I credit the DOD with working to sions included in the original Roberts/ ment during their military service. reduce the prevalence of sexual harass- Kerrey legislation, but it also includes That it why I am introducing this leg- ment in the military. However, as long many new provisions recommended islation today. as there is harassment and abuse in the The Veterans Sexual Trauma Treat- during our discussions with Members military, it is vital that victims have ment Act, which is similar to legisla- and agricultural organizations. These access to counseling while on active tion introduced in the House of Rep- include: duty and after separation from the resentatives by Representative GUTIER- An inverted subsidy structure. service as well. REZ, will enable former military per- An equal level of subsidy for revenue We expect active duty servicemen sonnel who were subjected to sexual insurance products. and women to make extraordinary sac- harassment or abuse while in the mili- APH adjustments for producers suf- rifices to safeguard the democracy we tary to receive proper medical and psy- fering multiple years of crop losses. cherish. We should not expect them to chological care. The legislation does so APH adjustments for new and begin- accept abuse and harassment while by extending and improving the VA’s ning farmers, those farming new land, they serve. abuse counseling initiatives. and those rotating crops. The bill makes permanent a program The legislation I am introducing Instructions to undertake alternative to require the VA to provide counseling today is aimed specifically at ensuring rating methodologies for low risk pro- to veterans to overcome psychological that veterans have access to abuse ducers and regions and crops with low trauma resulting from a physical as- counseling after they leave the mili- participation percentages and to then sault or battery of a sexual nature, or tary. It has the backing of the VFW, implement this new rating system. from sexual harassment, which oc- Vietnam Veterans of America, the This at the request of many of our curred during active military service. American Legion, and AMVETS. southern colleagues. Under current law the program author- I urge my colleagues to join me in a Changes in prevented planting and izing such counseling expires in 2001. strong show of support for this legisla- incentives to encourage producers to The bill authorizes the program to tion. take additional risk management include appropriate treatment, and re- measures. Similar to car insurance, if By Mr. ROBERTS (for himself, quires a VA mental health professional you take drivers education classes you Mr. KERREY, Mr. CRAIG, Mr. to determine when such counseling and get an additional discount on your pre- BURNS, Mr. BAUCUS, Mr. GRASS- treatment is necessary. Currently, the mium. Under our legislation, producers LEY, Mr. SANTORUM, Mr. CRAPO, VA Secretary makes this determina- who take additional risk management tion. Mr. JOHNSON, Mr. THOMAS, Mr. steps will also receive a bonus discount The bill also calls for the dissemina- BROWNBACK, Mr. HAGEL, Mr. on their premiums. tion of information concerning the DASCHLE, Mr. HARKIN, Mr. ENZI, Authority for several pilot programs, availability of counseling services to Mr. INHOFE, and Mr. CONRAD): placing special emphasis on polices to veterans, through public service and S. 1580. A bill to amend the Federal explore coverage for livestock and to other announcements. It also calls for Crop Insurance Act to assist agricul- expand the quality and levels of cov- a report on joint DOD/VA efforts to en- tural producers in managing risk, and erage available to specialty crops. sure that military personnel are in- for other purposes; to the Committee Mr. President, in addition to the formed upon their separation from on Agriculture, Nutrition, and For- many changes mentioned above, our service about available sexual trauma estry. legislation also provides for major counseling and treatment programs. RISK MANAGEMENT FOR THE 21ST CENTURY ACT changes in the Risk Management Agen- Most importantly, the bill eases re- Mr. ROBERTS. Mr. President, I rise cy (RMA) and the regulatory process strictions under the existing program. today to introduce on behalf of myself, governing the crop insurance program. I find it very troubling, for example, Senator KERREY of Nebraska, and a bi- We change the members of the Fed- that women with fewer than two years partisan group of 17 of our colleagues— eral Crop Insurance Corporation’s of service are not eligible for coun- including a majority of the members of Board of Directors to include: seling, even if they separated from the the Senate Agriculture Committee, the Four Farmers from geographic re- military due specifically to incidents ‘‘Risk Management for the 21st Cen- gions to be determined by the Sec- of harassment or abuse. tury Act.’’ retary.

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10782 CONGRESSIONAL RECORD — SENATE September 13, 1999 One member active in the crop insur- tural Research Service, National Oce- available to producers throughout the ance industry. anic and Atmospheric Administration, U.S. It is time for us to move towards One member with reinsurance exper- and other qualified entities to develop action on this issue. The House Agri- tise. and implement new specialty crop risk culture Committee approved legisla- The Undersecretary for Farm and management options. tion prior to the August recess. It is Foreign Agricultural Services, the Un- Requires 50 percent of RMA’s re- time for the Senate Agriculture Com- dersecretary for Rural Development, search and development funds to go to mittee to do the same. A majority of and the USDA Chief Economist. specialty crop products development. the Committee has said as much by Make the FCIC the overseer of RMA. Additionally, 50 percent of these R&D supporting our legislation. Create an Office of Private Sector funds must be contracted out to orga- Mr. President, we know there are Partnership to serve as a liaison be- nizations and entities outside RMA. many disagreements within members tween private sector companies and the Reaffirms the authority of the Spe- of the Senate in regards to specific ag- FCIC Board of Directors. cialty Crops Coordinator in RMA. The ricultural policy. In fact, Senator Allow companies to charge minimal bill also allows the Specialty Crops Co- KERREY and I have disagreements of fees to other companies selling their ordinator to make competitive grants our own on the underlying Farm Bill. products, in order to allow the recov- for research and development of new However, we all agree that our pro- ery of research and development costs. products in the specialty crops area. ducers today cannot be successful with- Mr. President, our legislation also fo- Contains provisions regarding sales out access to new, improved, and ade- cuses on several areas that I want to closing dates and the issuance of new quate risk management tools. This leg- place special emphasis on because they polices. islation accomplishes these needs, and are areas that I know are of interest to Orders the Specialty Crops coordi- I urge my colleagues to join us in many of my colleagues and which some nator and the FCIC to study the feasi- working towards an improved crop in- often think those of us in the Midwest bility of offering cost-of production, surance program and risk management and Plains States tend to ignore. Adjusted Gross Income (AGI), quality- tools. The first deals with program compli- based policies, and an intermediate f ance. We have heard complaints from coverage level (higher than current some of our colleagues and specific CAT coverage) for specialty crops. ADDITIONAL COSPONSORS commodity groups that fraud exists in Requires the Board to annually re- S. 37 several areas of the country. Let me view and certify that speciality crops At the request of Mr. GRASSLEY, the make clear, Senator KERREY and I op- are adequately covered. If insufficient names of the Senator from Missouri pose any attempts to defraud the crop coverage is available for a commodity, (Mr. BOND) and the Senator from New insurance program. the Board can require RMA to under- Jersey (Mr. TORRICELLI) were added as To prevent this fraud, the legislation take R&D activities. cosponsors of S. 37, a bill to amend calls for penalties of up to $10,000 for Provides mechanisms whereby the title XVIII of the Social Security Act producers, agents, loss adjusters, and Secretary must take steps to improve to repeal the restriction on payment approved insurance providers that at- participation in the program when for certain hospital discharges to post- tempt to defraud the program. It also total participation for a crop in an in- acute care imposed by section 4407 of allows for USDA to remove producers dividual state falls below 75 percent of the Balanced Budget Act of 1997. from eligibility for all USDA programs the national participation average. S. 345 if they have defrauded the program. Mr. President, these changes for spe- At the request of Mr. ALLARD, the Furthermore, agents, loss adjusters, cialty crops are significant and we be- name of the Senator from Connecticut and approved companies that do busi- lieve they give important attention to (Mr. DODD) was added as a cosponsor of ness in the program could be banned a group of producers that has often felt S. 345, a bill to amend the Animal Wel- from participation for up to five years neglected in U.S. agricultural policy. I fare Act to remove the limitation that if they have committed fraud. hope that our colleagues will agree and permits interstate movement of live Mr. President, these provisions are that they will join us in supporting birds, for the purpose of fighting, to strong and they are clear—those who this legislation. States in which animal fighting is law- attempt to defraud the program and Mr. President, let me also state that ful. I realize some will argue that specific taxpayers will be punished. S. 391 provisions should have been included in Mr. President, another concern that At the request of Mr. KERREY, the this legislation that currently are not. Senator KERREY and I have heard re- name of the Senator from Alaska (Mr. I understand these concerns, but as we peatedly is the lack of emphasis and MURKOWSKI) was added as a cosponsor developed this bill, we had to deter- prioritization for specialty crops and of S. 391, a bill to provide for payments mine the priorities of each agricultural development of new crop insurance and to children’s hospitals that operate region and commodity groups. There is risk management tools for these crops. graduate medical education programs. We have included many provisions in something from this bill that all of us S. 514 our legislation to address these con- would like to see included, including At the request of Mr. COCHRAN, the cerns. Senator KERREY and myself, but as a name of the Senator from Minnesota These specialty crop provisions in- whole it is I believe the best package (Mr. WELLSTONE) was added as a co- clude: available. Changes in the Noninsured Assist- I also realize that some in this body sponsor of S. 514, a bill to improve the ance Program that we believe will claim that crop insurance is not nec- National Writing Project. make it easier to obtain assistance and essary and that we do not need to act S. 562 funding through changes in which com- on this legislation this year. I could At the request of Mr. HARKIN, the modities can be covered and by allow- not disagree more. name of the Senator from Nebraska ing payments in some instances irre- Mr. President, every year our pro- (Mr. KERREY) was added as a cosponsor gardless of an area trigger occurring. ducers put the seed in the ground and of S. 562, a bill to provide for a com- Several pilot projects geared specifi- believe that with a little faith and luck prehensive, coordinated effort to com- cally towards looking at the feasibility they will produce a crop. But, some- bat methamphetamine abuse, and for of Gross Revenue and Whole Farm Rev- times the creeks do rise and the mul- other purposes. enue polices that include coverage for tiple perils of drought, flood, fire, hail, S. 659 specialty crops. blizzard, pests, and disease get the bet- At the request of Mr. MOYNIHAN, the Requiring the newly created Office of ter or our producers. They must have name of the Senator from Oregon (Mr. Private Sector Partnership to include the tools to manage these risks. WYDEN) was added as a cosponsor of S. staff with specialty crop expertise. The agricultural and lending commu- 659, a bill to amend the Internal Rev- Allow RMA to spend up to $20 million nities have spoken loudly, and they all enue Code of 1986 to require pension per year to create partnerships with have continually expressed the need to plans to provide adequate notice to in- Land Grant Universities, the Agricul- improve the risk management tools dividuals whose future benefit accruals

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10783 are being significantly reduced, and for 1153, a bill to establish the Office of for congressional review of rules estab- other purposes. Rural Advocacy in the Federal Commu- lishing or increasing taxes. S. 690 nications Commission, and for other S. 1473 At the request of Mr. SARBANES, the purposes. At the request of Mr. ROBB, the name names of the Senator from Maryland S. 1268 of the Senator from Nevada (Mr. REID) (Ms. MIKULSKI) and the Senator from At the request of Mr. HARKIN, the was added as a cosponsor of S. 1473, a California (Mrs. FEINSTEIN) were added name of the Senator from Nebraska bill to amend section 2007 of the Social as cosponsors of S. 690, a bill to provide (Mr. HAGEL) was added as a cosponsor Security Act to provide grant funding for mass transportation in national of S. 1268, a bill to amend the Public for additional Empowerment Zones, parks and related public lands. Health Service Act to provide support Enterprise Communities, and Strategic S. 693 for the modernization and construction Planning Communities, and for other At the request of Mr. HELMS, the of biomedical and behavioral research purposes. name of the Senator from Oklahoma facilities and laboratory instrumenta- S. 1500 (Mr. INHOFE) was added as a cosponsor tion. At the request of Mr. HATCH, the of S. 693, a bill to assist in the enhance- S. 1322 names of the Senator from Oregon (Mr. ment of the security of Taiwan, and for At the request of Mr. DASCHLE, the SMITH), the Senator from Hawaii (Mr. other purposes. name of the Senator from Wisconsin AKAKA), the Senator from Texas (Mrs. S. 765 (Mr. FEINGOLD) was added as a cospon- HUTCHISON), the Senator from Ne- At the request of Ms. COLLINS, the sor of S. 1322, a bill to prohibit health braska (Mr. HAGEL), the Senator from name of the Senator from Connecticut insurance and employment discrimina- South Carolina (Mr. HOLLINGS), the (Mr. DODD) was added as a cosponsor of tion against individuals and their fam- Senator from South Dakota (Mr. JOHN- S. 765, a bill to ensure the efficient al- ily members on the basis of predictive SON), the Senator from North Dakota location of telephone numbers. genetic information or genetic serv- (Mr. DORGAN), the Senator from Arkan- S. 805 ices. sas (Mrs. LINCOLN), the Senator from URBIN Nevada (Mr. REID), the Senator from At the request of Mr. D , the S. 1325 name of the Senator from Rhode Island Alaska (Mr. MURKOWSKI), and the Sen- At the request of Mr. FRIST, the ator from North Dakota (Mr. CONRAD) (Mr. CHAFEE) was added as a cosponsor name of the Senator from Tennessee of S. 805, a bill to amend title V of the were added as cosponsors of S. 1500, a (Mr. THOMPSON) was added as a cospon- bill to amend title XVIII of the Social Social Security Act to provide for the sor of S. 1325, a bill to amend the Security Act to provide for an addi- establishment and operation of asthma Applachian Regional Development Act tional payment for services provided to treatment services for children, and for of 1965 to add Hickman, Lawrence, certain high-cost individuals under the other purposes. Lewis, Perry, and Wayne Counties, prospective payment system for skilled S. 882 Tennessee, to the Appalachian region. At the request of Mr. MURKOWSKI, the nursing facility services, and for other S. 1332 name of the Senator from North Da- purposes. At the request of Mr. BAYH, the name kota (Mr. CONRAD) was added as a co- S. 1528 sponsor of S. 882, a bill to strengthen of the Senator from Connecticut (Mr. At the request of Mr. LOTT, the name provisions in the Energy Policy Act of DODD) was added as a cosponsor of S. of the Senator from Tennessee (Mr. 1992 and the Federal Nonnuclear En- 1332, a bill to authorize the President FRIST) was added as a cosponsor of S. ergy Research and Development Act of to award a gold medal on behalf of Con- 1528, a bill to amend the Comprehen- 1974 with respect to potential climate gress to Father Theodore M. Hesburg, sive Environmental Response, Com- change. in recognition of his outstanding and pensation, and Liability Act of 1980 to enduring contributions to civil rights, S. 1023 clarify liability under that Act for cer- higher education, the Catholic Church, At the request of Mr. MOYNIHAN, the tain recycling transactions. the Nation, and the global community. name of the Senator from Hawaii (Mr. SENATE JOINT RESOLUTION 33 INOUYE) was added as a cosponsor of S. S. 1399 At the request of Mr. LOTT, the 1023, a bill to amend title XVIII of the At the request of Mr. DEWINE, the names of the Senator from Maine (Ms. Social Security Act to stabilize indi- names of the Senator from Maine (Ms. COLLINS) and the Senator from South rect graduate medical education pay- COLLINS), the Senator from Massachu- Carolina (Mr. THURMOND) were added as ments. setts (Mr. KERRY), and the Senator cosponsors of Senate Joint Resolution S. 1024 from Vermont (Mr. LEAHY) were added 33, a joint resolution deploring the ac- At the request of Mr. MOYNIHAN, the as cosponsors of S. 1399, a bill to amend tions of President Clinton regarding name of the Senator from Hawaii (Mr. title 38, United States Code, to provide granting clemency to FALN terrorists. INOUYE) was added as a cosponsor of S. that pay adjustments for nurses and SENATE CONCURRENT RESOLUTION 53 1024, a bill to amend title XVIII of the certain other health-care professionals At the request of Mrs. FEINSTEIN, the Social Security Act to carve out from employed by the Department of Vet- name of the Senator from Hawaii (Mr. payments to Medicare+Choice organi- erans Affairs shall be made in the man- INOUYE) was added as a cosponsor of zations amounts attributable to dis- ner applicable to Federal employees Senate Concurrent Resolution 53, a proportionate share hospital payments generally and to revise the authority concurrent resolution condemning all and pay such amounts directly to those for the Secretary of Veterans Affairs to prejudice against individuals of Asian disproportionate share hospitals in make further locality pay adjustments and Pacific Island ancestry in the which their enrollees receive care. for those professionals. United States and supporting political S. 1025 S. 1463 and civic participation by such individ- At the request of Mr. MOYNIHAN, the At the request of Mr. DEWINE, the uals throughout the United States. names of the Senator from Nebraska name of the Senator from California SENATE RESOLUTION 92 (Mr. HAGEL), the Senator from North (Mrs. BOXER) was added as a cosponsor At the request of Mrs. BOXER, the Carolina (Mr. HELMS), and the Senator of S. 1463, a bill to establish a program names of the Senator from California from Hawaii (Mr. INOUYE) were added to provide assistance for programs of (Mrs. FEINSTEIN) and the Senator from as cosponsors of S. 1025, a bill to amend credit and other financial services for Wisconsin (Mr. FEINGOLD) were added title XVIII of the Social Security Act microenterprises in developing coun- as cosponsors of Senate Resolution 92, to ensure the proper payment of ap- tries, and for other purposes. a resolution expressing the sense of the proved nursing and allied health edu- S. 1466 Senate that funding for prostate cancer cation programs under the medicare At the request of Mr. THOMPSON, the research should be increased substan- program. name of the Senator from Tennessee tially. S. 1153 (Mr. FRIST) was added as a cosponsor of SENATE RESOLUTION 108 At the request of Mr. DURBIN, his S. 1466, a bill to amend chapter 8 of At the request of Mr. BREAUX, the name was added as a cosponsor of S. title 5, United States Code, to provide names of the Senator from Maine (Ms.

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10784 CONGRESSIONAL RECORD — SENATE September 13, 1999 SNOWE), the Senator from North Caro- millions of adult and youth collectors, thou- The hearing will take place on Mon- lina (Mr. HELMS), the Senator from sands of teachers and schools, the American day, September 20, 1999 from 9:00 a.m. New Jersey (Mr. TORRICELLI), the Sen- Philatelic Society, and the United States to 1:00 p.m. in the Paducah Community Postal Service; ator from Louisiana (Ms. LANDRIEU), Whereas the people, places, and events College Fine Arts Auditorium in Padu- and the Senator from Maine (Ms. COL- shaping America today will be United States cah, Kentucky. LINS) were added as cosponsors of Sen- commemorative stamps tomorrow; Because of the limited time available ate Resolution 108, a resolution desig- Whereas ‘‘National Stamp Collecting for the hearing, witnesses may testify nating the month of March each year Month’’ will help empower our Nation’s chil- by invitation only. However, those as ‘‘National Colorectal Cancer Aware- dren and future generations to study and wishing to submit written testimony ness Month.’’ learn from our Nation’s history; and for the hearing record should send two Whereas as our Nation’s children learn the copies of their testimony to the Sub- SENATE RESOLUTION 133 lessons of the past, the children will be bet- At the request of Mr. ABRAHAM, the ter prepared to guide our Nation in the fu- committee on Energy Research, Devel- names of the Senator from Virginia ture: Now, therefore, be it opment, Production and Regulation, (Mr. ROBB) and the Senator from Min- Resolved, That the Senate designates Octo- Committee on Energy and Natural Re- nesota (Mr. WELLSTONE) were added as ber, 1999, as ‘‘National Stamp Collecting sources, United States Senate, 364 cosponsors of Senate Resolution 133, a Month’’. Dirksen Senate Office Building, Wash- resolution supporting religious toler- f ington, DC, 20510–6150. ance toward Muslims. AMENDMENTS SUBMITTED For further information, please call SENATE RESOLUTION 163 Kristin Phillips, Staff Assistant, or At the request of Mrs. BOXER, the Colleen Deegan, Counsel, at (202) 224– name of the Senator from Illinois (Mr. DEPARTMENT OF THE INTERIOR 8115. DURBIN) was added as a cosponsor of AND RELATED AGENCIES APPRO- SUBCOMMITTEE ON WATER AND POWER Senate Resolution 163, resolution to es- PRIATIONS ACT, 2000 Mr. SMITH of Oregon. Mr. President, tablish a special committee of the Sen- I would like to announce for the infor- ate to study the causes of firearms vio- mation of the Senate and the public BRYAN (AND WYDEN) AMENDMENT lence in America. that a hearing has been scheduled be- NO. 1623 SENATE RESOLUTION 179 fore the Subcommittee on Water and Mr. BRYAN (for himself, and Mr. At the request of Mr. BIDEN, the Power. names of the Senator from North Da- WYDEN) proposed an amendment to The purpose of the hearing is to con- amendment No. 1588 proposed by Mr. kota (Mr. DORGAN), the Senator from duct oversight on the practices of the BRYAN to the bill (H.R. 2466) making Nevada (Mr. REID), the Senator from Bureau of Reclamation regarding oper- appropriations for the Department of South Dakota (Mr. JOHNSON), the Sen- ations and maintenance costs and con- the Interior and related agencies for ator from North Carolina (Mr. HELMS), tract renewals. the fiscal year ending September 30, the Senator from Oregon (Mr. SMITH), The hearing will take place on 2000, and for other purposes; as follows: the Senator from New York (Mr. SCHU- Wednesday, September 29, 1999 at 2:30 MER), the Senator from Washington Beginning on page 1, line 3, strike p.m. in room SD–366 of the Dirksen ‘‘$1,216,351,000’’ and all that follows through (Mrs. MURRAY), the Senator from Geor- Senate Office Building in Washington, ‘‘management’’ on page 2, line 4, and insert gia (Mr. CLELAND), and the Senator DC. ‘‘$1,225,351,000 (which shall include 50 percent Because of the limited time available from Michigan (Mr. ABRAHAM) were of all moneys received during prior fiscal added as cosponsors of Senate Resolu- years as fees collected under the Land and for the hearing, witnesses may testify tion 179, a resolution designating Octo- Water Conservation Fund Act of 1965 in ac- by invitation only. However, those ber 15, 1999, as ‘‘National Mammog- cordance with section 4(i) of that Act (16 wishing to submit written testimony raphy Day.’’ U.S.C. 460l–6a(i))), to remain available until for the hearing record should send two expended, of which $33,697,000 shall be avail- copies of their testimony to the Sub- f able for wildlife habitat management, committee on Water and Power, Com- SENATE RESOLUTION 182—DESIG- $22,132,000 shall be available for inland fish mittee on Energy and Natural Re- NATING OCTOBER, 1999, AS ‘‘NA- habitat management, $24,314,000 shall be sources, United States Senate, 364 available for anadromous fish habitat man- TIONAL STAMP COLLECTING Dirksen Senate Office Building, Wash- MONTH’’ agement, $28,548,000 shall be available for threatened, endangered, and sensitive spe- ington, DC, 20510–6150. Mr. LEVIN (for himself and Mr. cies habitat management, $196,885,000 shall For further information, please call COCHRAN) submitted the following reso- be available for timber sales management, Kristin Phillips, Staff Assistant, or lution; which was referred to the Com- and $10,000,000 shall be available for survey Colleen Deegan, Counsel, at (202) 224– mittee on the Judiciary: and manage requirements of the Northwest 8115. Forest Plan Record of Decision, for which S. RES. 182 the draft supplemental environmental im- f Whereas over 150 years ago, United States pact statement is to be completed by Novem- commemorative stamps began honoring the AUTHORITY FOR COMMITTEE TO ber 15, 1999, and the final environmental im- MEET people, places, and events that have shaped pact statement is to be published by Feb- our Nation’s history; ruary 14, 2000’’. COMMITTEE ON THE JUDICIARY Whereas in 1999, more than 22,000,000 Amer- On page 2, line 6, strike ‘‘$371,795,000’’ and icans, including children, collect and learn Mr. HUTCHINSON. Mr. President, insert ‘‘$365,795,000’’. the Committee on the Judiciary re- about our Nation through stamps, making On page 2, line 11, strike ‘‘$122,484,000’’ and stamp collecting one of the most popular insert ‘‘$116,484,000’’. quests unanimous consent to conduct a hobbies in our Nation and the world; hearing on Monday, September 13, 1999, f Whereas as we stand on the threshold of beginning at 9:15 a.m. in the Ceremo- the 21st century, it is important that we NOTICES OF HEARINGS nial Court Room of the Federal Court pause to reflect on our Nation’s history; SUBCOMMITTEE ON ENERGY RESEARCH, Building, Philadelphia, PA. Whereas stamps honor statesmen and sol- DEVELOPMENT, PRODUCTION AND REGULATION The PRESIDING OFFICER. Without diers who fought for freedom and democracy, recognize our Nation’s scientific and techno- Mr. NICKLES. Mr. President, I would objection, it is so ordered. logical achievements, pay tribute to our Na- like to announce for the information of f tion’s artistic legacy, and celebrate the the Senate and the public that a hear- strength of our Nation’s diversity; ing has been scheduled before the Sub- ADDITIONAL STATEMENTS Whereas starting October 1, 1999, ‘‘National committee on Energy Research, Devel- Stamp Collecting Month’’ will transform opment, Production and Regulation. more than 100,000 schools, libraries, and post The purpose of the hearing is to re- TRIBUTE TO CLIFF GULLICKSON offices into learning centers where our Na- ∑ tion’s young people can honor the past and ceive testimony on past and present Mrs. BURNS. Mr. President, I rise celebrate the future through stamps; worker safety issues in DOE facilities today to recognize the Cliff Gullickson Whereas the founders and participants of at the Gaseous Diffusion Plant in Pa- family and a group of North-Central ‘‘National Stamp Collecting Month’’ include ducah, Kentucky. Montana farmers that pulled together

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10785 in true Montana tradition this harvest Assisted living will become even countries of Europe and Asia have been season. more important as an option of seniors united in their support of Dr. Supachai Cliff Gullickson was killed in a farm and their families as our nation experi- while the administration has supported accident when the grain truck he was ences the tsunami of aging baby Mr. Moore. The agreement reached by driving to Big Sandy rolled on August boomers. It is important for us to con- the member nations will permit Mr. 8. Neighbors rallied together the way tinue to support options that allow Moore to serve a three year term to be only agricultural folks can to harvest seniors and their families a choice of followed by a three year term for Dr. the Gullickson’s grain. settings in order to assure that they Supachai. Some of the combines came from 50 get the level of care that they need.∑ For those of you unfamiliar with Dr. miles away for the harvest and all f Supachai’s work, as Deputy Prime started the day with a prayer for their Minister and Minister of Commerce, safety and for Cliff Gullickson. In four IN RECOGNITION OF NATIONAL his most pressing responsibility has hours the remaining 170 acres were har- PAYROLL WEEK 1999 been developing policy to guide his vested. ∑ Mr. SANTORUM. Mr. President, I country through their current eco- Don Jenkins, who lives on the north- rise today in recognition of National nomic challenges. This included taking east border of the Gullickson’s farm Payroll Week 1999, which has been des- a significant role in shepherding im- said, ‘‘This is what you do when there’s ignated as September 13–17. portant banking and regulatory re- a tragedy. This is their bread and but- National Payroll Week was founded forms through the Thai Parliament ter. This is their livelihood sitting out by the American Payroll Association that are important to the sound eco- in this field.’’ That statement summa- in 1996 to honor the men and women nomic foundation of his country. The rizes the attitude and depth of feeling whose tax contributions support the IMF has reported good news for Thai- prevalent in farming and ranching. American Dream and the payroll pro- land on the economic front. After expe- I extend my deepest sympathies to fessionals who are dedicated to proc- riencing an economic contraction of 8% the Gullickson family for the loss of a essing those contributions. in 1997, their economy is expected to fine person who dedicated his life to In particular, the Susquehanna Val- grow this year by 2–3% with an ex- agriculture and also commend them for ley Chapter of the American Payroll pected growth rate of 5% in 2000. Their their hard work and dedication to the Association represents 200,000 residents currency, the baht, has stabilized and agricultural community. and 25 businesses in Pennsylvania. the government has rebuilt reserves to Additionally, I commend each and These taxpayers contribute millions of higher than pre-crisis levels. This is every neighbor who lent a helping hand dollars to the federal and state treas- very good news and a positive sign for this harvest season in the face of a uries through payroll taxes each year. an economic recovery for all of Asia. tragedy.∑ These taxes help pay for important Dr. Supachai was also one of the ar- f civic projects including roads, schools, chitects of the economic policies that NATIONAL ASSISTED LIVING crime prevention, and national defense. led his country to merge as a dynamic WEEK In addition, taxpayers and payroll pro- economic engine in Asia and experi- ∑ Mr. WYDEN. Mr. President, I rise fessionals are partners in maintaining ence several years of phenomenal eco- today to draw the Senate’s attention the Social Security and Medicare sys- nomic growth. As Minister of Com- to National Assisted Living Week. The tems. merce he has been active in opening National Center for Assisted Living is I ask my colleagues to join me in the business sector to foreign partici- sponsoring National Assisted Living commending the taxpayers and payroll pation and improving transparency. He Week this week to highlight the sig- professionals who, through the pay- helped create the country’s Export-Im- nificance and the hope that this type of ment, collection, and reporting of pay- port Bank and has worked very closely service can provide seniors. roll taxes, have helped make our na- with the countries of Southeast Asia in Assisted living is a long term care al- tion great.∑ creating the ASEAN free trade zone. In ternative for seniors who need more as- f Thailand, he was a strong voice in forg- ing public acceptance of the Uruguay sistance than is available in retirement CONGRATULATING DR. SUPACHAI round of trade talks and guiding ratifi- communities, but do not require the PANITCHPAKDI heavy medical and nursing care pro- cation of the treaty through the Par- vided by nursing facilities. Approxi- ∑ Mr. BOND. Mr. President, I congratu- liament. Throughout the economic cri- mately one million of our nation’s sen- late Dr. Supachai Panitchpakdi of sis, Dr. Supachai’s support for free iors have chosen the option of assisted Thailand on his selection to serve as trade has not waivered. His credentials living in this country. This dem- Director General of the World Trade on the issues important to leadership onstrates a tremendous desire by sen- Organization. Dr. Supachai, Thailand’s at the WTO speak volumes. iors and their families to have the kind Deputy Prime Minister and Minister of I believe it is important that an indi- of assistance that they need in bathing, Commerce, has been an unfailing advo- vidual representing Asia and a devel- taking medications or other activities cate for the principles of free trade and oping economy has an important role of daily living in a setting that truly is an excellent choice to lead this orga- in a prominent international organiza- becomes their home. nization. I am very pleased that our tion, as Dr. Supachai will have. There This year’s theme of National As- faithful friend and ally, the Royal are over 400 million people living in sisted Living Week is ‘‘A Community Kingdom of Thailand, will have one of Southeast Asia alone, this region will of Families’’ and I think that is appro- their citizens guiding an international soon be the second largest market for priate because assisted living encour- organization. our exports. This region and all of Asia ages the involvement of families in the The agreement reached will split the are growing in importance to our econ- lives of the residents of assisted living next term between Dr. Supachai and omy and security. A strong voice rep- facilities, and because this option can Michael Moore, the former Prime Min- resenting the Asian economies is over- mean so much for seniors and their ster of New Zealand. As many of my due. families. colleagues know, the process for select- The economic collapse in Asia, Rus- Oregon has led our nation in pio- ing a new Director General was at a sia and other nations did not simply neering the concept of assisted living standstill for months. Renato Ruggerio stifle growth of U.S. exports, it put and the state spends more state health of Italy, the first and very successful millions of people out of work in these dollars to provide assisted living serv- Director General, finished his term and countries, exacerbated the poverty ices than any other state in our nation. stepped down at the end of April. De- level and in some cases led to social Assisted living has taken different di- spite the fact that his departure was upheaval. Unfortunately, it caused pol- rections in different states and I be- known well in advance, no consensus icy makers in many foreign nations to lieve providing these choices for con- on a successor was formed and the post question the pace of globalization and sumers is important to provide secu- remained vacant at a critical time— in some cases question the wisdom of rity, dignity and independence for sen- the Seattle round of trade talks being globalization. Many countries believe iors. on the immediate horizon. Most of the that they have little to gain through

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10786 CONGRESSIONAL RECORD — SENATE September 13, 1999 expanding trade and everything to lose Texas. The Center will be hosting its Twenty-five years ago, September 10, and that their stake in trade negotia- Fourth Annual Gala ‘‘Unity of Friend- 1974, the Federal debt stood at tions is limited. I do not agree. Increas- ship’’ in Houston on October 16, 1999, $479,580,000,000 (Four hundred seventy- ing fair trade has contributed greatly and it is worthy of recognition. nine billion, five hundred eighty mil- to improving the standard of living of Mr. President, I commend those who lion) which reflects a debt increase of Americans and sustaining the growth have strived so hard to build this Cen- more than $5 trillion— of our economy and it holds the same ter and make it a vibrant part of the $5,172,611,549,114.70 (Five trillion, one potential for our trading partners. community in Texas. This is an impor- hundred seventy-two billion, six hun- While this is an unfortunate develop- tant effort which has advanced and dred eleven million, five hundred forty- ment, it is not one without a solution. demonstrated the continuing positive nine thousand, one hundred fourteen The solution is working with individ- contributions of Arab-Americans. This dollars and seventy cents) during the uals like Dr. Supachai who believe in Center has served as a cultural re- past 25 years.∑ expanding trade and working to im- source center for all nationalities in f prove the role and the economies of de- Houston, but is a special place where veloping nations. Rather than being an Arab-American culture, art, and lan- EXECUTIVE SESSION after thought, we must begin to work guage can be preserved and carried on EXECUTIVE CALENDAR with more nations if more are to be- for generations to come. It has assisted lieve that they have a role in the children in the Arab American Mrs. HUTCHISON. Mr. President, I globalization. For the global trading community by teaching them about ask unanimous consent that the Sen- structure to succeed and prosper, all their ancestors’ impressive history and ate proceed to executive session to con- countries must have faith in the trad- heritage. sider the following nominations en ing system and faith that trade deals I am pleased to recognize the efforts bloc: Executive Calendar Nos. 211 and are being reached to the benefit of all of those involved in this year’s banquet 212. I further ask unanimous consent member nations rather than just the and to note that they are generously that the nominations be confirmed en most powerful. Dr. Supachai is unique- donating a portion of the proceeds to bloc, the motion to reconsider be laid ly suited to facilitate such change and help very worthwhile humanitarian upon the table, any statements relat- his increased role in the international projects. They are to be commended for ing to the nominations be printed in stage is a very positive development their efforts and foresight, and I am the RECORD, the President be imme- for the World Trade Organization. pleased to acknowledge them in the diately notified of the Senate’s action, Finally, I believe the people of Thai- United States Senate.∑ and the Senate then return to legisla- tive session. land could have been treated better by f the United States in this process. They The PRESIDING OFFICER. Without are our good friends and faithful allies. CONGRATULATIONS TO WHP–AM objection, it is so ordered. We on the other hand were slow in se- 580 The nominations were considered and lecting a candidate and did not do a ∑ Mr. SANTORUM. Mr. President, I confirmed, as follows: good job in forging a compromise. De- rise today to congratulate WHP–AM THE JUDICIARY spite Dr. Supachai’s strong advocacy of 580 in Harrisburg, PA as they celebrate David N. Hurd, of New York, to be United the principles of free trade, we actively their 75th anniversary as a prominent States District Judge for the Northern Dis- worked against him. Fortunately, news leader in Central Pennsylvania. trict of New York. groups such as the US-ASEAN Business For 75 years, WHP has covered the Naomi Reice Buchwald, of New York, to be biggest news stories of the day, includ- United States District Judge for the South- Council and companies like Boeing ern District of New York. were outspoken on Dr. Supachai’s ing the holocaust, Pearl Harbor, the strong record on trade issues. This lack Korean War, Vietnam, Watergate and f of leadership does not enhance the the fall of the Berlin Wall. LEGISLATIVE SESSION credibility of the WTO and needlessly As the owner of the radio news fran- The PRESIDING OFFICER. Under strains relationships with our friends. chise in the Capitol region, WHMP the previous order, the Senate will now But I am confident that the new lead- reaches more than 100,000 people a return to legislative session. ership, Mr. Moore and Dr. Supachai, week. The unique talent at WHP along can overcome these obstacles and look with their exceptional news coverage f forward to working with them on these and distinct personalities, have con- MODIFICATION OF LIST OF issues. tributed to the station’s listener loy- CONFEREES—H.R. 2670 So once again, I congratulate Dr. alty and enthusiasm. Supachai on his appointment. He is I ask my colleagues to join with me Mrs. HUTCHISON. Mr. President, I very strong on promoting expanded in congratulating WHP on their 75th ask unanimous consent that the list of trade and I am confident that a leader- anniversary and on their commitment conferees for the Commerce, State, ship role for a representative of a to excellence in their news coverage to Justice appropriations bill be modified Southeast Asian nation is a positive Pennsylvania and the Capital region.∑ to add Senator LEAHY. The PRESIDING OFFICER. Without development for the World Trade Orga- f nization. I would like to commend the objection, it is so ordered. THE VERY BAD DEBT BOXSCORE people of Thailand for their persistence f and not backing down in their support ∑ Mr. HELMS. Mr. President, at the REMOVAL OF INJUNCTION OF SE- of their candidate. I would also like to close of business Friday, September 10, CRECY—TREATY DOCUMENT NO. congratulate Mr. Moore and wish him 1999, the Federal debt stood at 106–9 the best; he is taking control of the or- $5,652,191,549,114.70 (Five trillion, six ganization at a critically important hundred fifty-two billion, one hundred Mrs. HUTCHISON. Mr. President, as time. I look forward to working with ninety-one million, five hundred forty- in executive session, I ask unanimous both of these gentleman on the issues nine thousand, one hundred fourteen consent that the injunction of secrecy that are important to advancing free dollars and seventy cents). be removed from the following conven- and fair trade around the world.∑ One year ago, September 10, 1998, the tion transmitted to the Senate on Sep- f Federal debt stood at $5,545,658,000,000 tember 13, 1999, by the President of the (Five trillion, five hundred forty-five United States: Tax Convention with THE ARAB AMERICAN CULTURAL billion, six hundred fifty-eight mil- Slovenia, Treaty Document No. 106–9. AND COMMUNITY CENTER, HOUS- lion). I further ask unanimous consent that TON, TEXAS. Fifteen years ago, September 10, 1984, the convention be considered as having ∑ Mr. ABRAHAM. Mr. President, I rise the Federal debt stood at been read the first time, that it be re- today to express my sincere congratu- $1,572,266,000,000 (One trillion, five hun- ferred, with accompanying papers, to lations to the Arab American Cultural dred seventy-two billion, two hundred the Committee on Foreign Relations and Community Center in Houston, sixty-six million). and ordered to be printed, and that the

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10787 President’s message be printed in the amendment will occur at 10:30 a.m. to- JOHN J. O’BRIEN, 0000 ROBERT W. DURFEY, 0000 KEITH D. CAMERON, 0000 DOUGLAS C. CONNOR, 0000 RECORD. morrow. Further amendments to the BARRY A. HARNER, 0000 JEFFREY A. KAYSER, 0000 ROBERT C. LORIGAN, 0000 WILLIAM G. DAVIDSON, 0000 The PRESIDING OFFICER. Without Interior appropriations bill are ex- PATRICK A. HARRIS, 0000 CURTIS B. ODOM, 0000 objection, it is so ordered. pected throughout tomorrow’s session. JONATHAN D. SARUBBI, 0000 RICHARD B. CUSSON, 0000 DONALD B. THOMPSON, 0000 MARK J. SIKORSKI, 0000 The message of the President is as Therefore, Senators can expect votes BENJAMIN A. WATSON, 0000 MARK H. LANDRY, 0000 follows: throughout the day in anticipation of WILLIAM M. MOORE, 0000 PETER J. DINICOLA, 0000 JOSEPH J. COCCIA, 0000 KEVIN P. CARPENTIER, 0000 To the Senate of the United States: completing action on the bill. KEVIN B. SMITH, 0000 MASON K. BROWN, 0000 I transmit herewith for Senate advice In light of today’s cloture vote on RAYMOND J. MILLER, 0000 MARK L. MILLER, 0000 KENNETH G. THYSELL, 0000 CLINTON S. GORDON, 0000 and consent to ratification the Conven- S.J. Res. 33, the Senate will have lim- JOSEPH J. SABOE, 0000 WAYNE N. COLLINS, 0000 ited debate on the resolution with a JACK R. SMITH, 0000 JAMES A. WATSON, 0000 tion Between the United States of MARK J. KERSKI, 0000 BRIAN J. O’KEEFE, 0000 America and the Republic of Slovenia vote on final passage during tomor- TEDRIC R. LINDSTROM, 0000 WILLIAM P. LAYNE, 0000 for the Avoidance of Double Taxation row’s session at a time to be deter- RONALD T. HEWITT, 0000 WILLIAM J. WAGNER, 0000 and the Prevention of Fiscal Evasion mined by the two leaders. IN THE AIR FORCE with Respect to Taxes on Income and For the remainder of the week, the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Capital, signed at Ljubljana on June 21, Senate is expected to begin consider- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE 1999. Also transmitted is the report of ation of the transportation appropria- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION the Department of State concerning tions bill. 601: the Convention. Mrs. HUTCHISON. Mr. President, I To be lieutenant general This Convention, which is similar to suggest the absence of a quorum. MAJ. GEN. CHARLES H. COOLIDGE, JR., 0000. tax treaties between the United States The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS PERMANENT PROFESSOR, UNITED STATES AIR FORCE and OECD nations, provides maximum clerk will call the roll. ACADEMY, UNDER TITLE 10, U.S.C., SECTION 9333(B): rates of tax to be applied to various Mrs. HUTCHISON. Mr. President, I To be colonel types of income and protection from ask unanimous that the order for the THOMAS G. BOWIE, JR., 0000 double taxation of income. This Con- quorum call be rescinded. THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- vention also provides for resolution of The PRESIDING OFFICER. Without POINTMENT IN THE GRADES INDICATED IN THE UNITED disputes and sets forth rules making objection, it is so ordered. STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: its benefits unavailable to residents To be colonel f who are engaged in treaty-shopping or JAMES W. BOST, 0000 RICHARD L. STAHLMAN, with respect to certain abusive trans- JEAN C. COMEAU, 0000 0000 actions. ADJOURNMENT UNTIL 9:30 A.M. LOREN M. JOHNSON, 0000 JAMES K. WRIGHT, 0000 I recommend that the Senate give TOMORROW To be lieutenent colonel early and favorable consideration to Mrs. HUTCHISON. Mr. President, if PETER A. BAUER, 0000 JAMES S. MOELLER, 0000 EVA T. BERRO, 0000 SUSAN W. MONGEAU, 0000 this Convention and that the Senate there is no further business to come be- CATHERINE E. BIERSACK, RANDALL J. MOORE, 0000 give its advice and consent to ratifica- fore the Senate, I now ask unanimous 0000 EMMANUEL D. NAVAL, 0000 MARK W. BOWYER, 0000 PAUL A. PHILLIPS, 0000 tion. consent that the Senate stand in ad- WILLIAM M. CAMPBELL, ODES B. ROBERTSON, JR., WILLIAM J. CLINTON. journment under the previous order. 0000 0000 GEORGE W. CHRISTOPHER, MARC S. ROBINS, 0000 THE WHITE HOUSE, September 13, 1999. There being no objection, the Senate, 0000 JOSE E. GARY D. CROUCH, 0000 RODRIGUEZVAZQUEZ, 0000 at 6:52 p.m., adjourned until Tuesday, WILLIAM M. ROGERS, 0000 f DAVID L. DAWSON, 0000 CHRISTOPHER SARTORI, September 14, 1999, at 9:30 a.m. STEPHEN E. GARNER, 0000 0000 ORDERS FOR TUESDAY, DAN R. HANSEN, 0000 f ROBERT E. SMITH, II, 0000 SEPTEMBER 14, 1999 JAMES H. HERIOT, 0000 LAWRENCE W. ROBERT R. IRELAND, 0000 STEINKRAUS, JR., 0000 Mrs. HUTCHISON. Mr. President, I NOMINATIONS MOON Y. JEU, 0000 KATHLEEN S. TAJIRI, 0000 PHILIP T. KLAZYNSKI, 0000 JEFFREY M. THOMPSON, ask unanimous consent that when the Executive nominations received by JAMES R. KNOWLES, 0000 0000 Senate completes its business today, it the Senate September 13, 1999: JAMES R. LITTLE, 0000 JAY A. WINZENRIED, 0000 ABUBAKR A. MARZOUK, 0000 GROVER K. YAMANE, 0000 adjourn until the hour of 9:30 a.m. on DEPARTMENT OF DEFENSE Tuesday, September 14. I further ask IN THE ARMY JOHN F. POTTER, OF MARYLAND, TO BE A MEMBER OF unanimous consent that on Tuesday, THE BOARD OF REGENTS OF THE UNIFORMED SERVICES THE FOLLOWING NAMED PERSON FOR APPOINTMENT immediately following the prayer, the UNIVERSITY OF THE HEALTH SCIENCES FOR A TERM EX- TO THE GRADE INDICATED IN THE RESERVE OF THE PIRING MAY 1, 2005, VICE T. BURTON SMITH, JR., TERM ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Journal of proceedings be approved to EXPIRED. To be colonel date, the morning hour be deemed ex- FEDERAL RESERVE SYSTEM ROBERT A. VIGERSKY, 0000 pired, the time for the two leaders be ROGER WALTON FERGUSON, JR., OF MASSACHUSETTS, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT reserved for their use later in the day, TO BE VICE CHAIRMAN OF THE BOARD OF GOVERNORS OF TO THE GRADE INDICATED IN THE RESERVE OF THE and the Senate then resume debate on THE FEDERAL RESERVE SYSTEM FOR A TERM OF FOUR ARMY UNDER TITLE 10, U.S.C., SECTION 12203 AND 1552: YEARS, VICE ALICE M. RIVLIN, RESIGNED. the Bryan second-degree amendment ROGER WALTON FERGUSON, JR., OF MASSACHUSETTS, To be colonel TO BE A MEMBER OF THE BOARD OF GOVERNORS OF THE No. 1623 to H.R. 2466, the Interior ap- FEDERAL RESERVE SYSTEM FOR A TERM OF FOURTEEN MICHAEL V. KOSTIW, 0000 DAVID T. ULMER, 0000 propriations bill. YEARS FROM FEBRUARY 1, 2000. (REAPPOINTMENT) THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- The PRESIDING OFFICER. Without DEPARTMENT OF STATE POINTMENT TO THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS (MC) AND MEDICAL objection, it is so ordered. WILLIAM B. BADER, OF VIRGINIA, TO BE AN ASSISTANT SERVICE CORPS (MS) UNDER TITLE 10, U.S.C., SECTIONS Mrs. HUTCHISON. I further ask SECRETARY OF STATE (EDUCATIONAL AND CULTURAL 531, AND 3064: AFFAIRS). (NEW POSITION) unanimous consent that the Senate SIM FARAR, OF CALIFORNIA, TO BE A REPRESENTA- To be lieutenant colonel stand in recess from the hours of 12:30 TIVE OF THE UNITED STATES OF AMERICA TO THE ROBERT S. ADAMS, 0000 MC FIFTY-FOURTH SESSION OF THE GENERAL ASSEMBLY OF p.m. to 2:15 p.m. for the weekly policy THE UNITED NATIONS. To be major conferences to meet. IN THE COAST GUARD JEFFREY P. STOLROW, 0000 MS The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER OF THE UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT objection, it is so ordered. STATES COAST GUARD TO BE A MEMBER OF THE PERMA- TO THE GRADES INDICATED IN THE UNITED STATES NENT COMMISSIONED TEACHING STAFF OF THE COAST ARMY MEDICAL CORPS AND CHAPLAINS AND FOR REG- f GUARD ACADEMY IN THE GRADE INDICATED UNDER ULAR (IDENTIFIED BY AN ASTERISK (*)) APPOINTMENT TITLE 14, U.S.C., SECTION 188: UNDER TITLE 10, U.S.C., SECTIONS 531, 624, 628, AND 3064: PROGRAM To be lieutenant commander To be lieutenant colonel Mrs. HUTCHISON. Mr. President, for KURT A. SEBASTIAN, 0000 JON A. HINMAN, 0000 MC the information of all Senators, the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be major Senate will resume consideration of TO THE GRADE INDICATED IN THE UNITED STATES COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: MARTIN P. CURRY, 0000 MC LISA M. L. PARKER, 0000 MC the Bryan second-degree amendment *GLENN R. SCHEIB, 0000 CH To be captain regarding the forest system budget at THE FOLLOWING NAMED ARMY NATIONAL GUARD OF 9:30 a.m. on Tuesday. By previous con- ERNEST J. FINK, 0000 GERALD R. WHEATLEY, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO ALAN L. PEEK, 0000 MARK P. THOMAS, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY sent, a vote on the pending Bryan JAMES S. ANGERT, 0000 MICHAEL B. KARR, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211:

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 9801 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10788 CONGRESSIONAL RECORD — SENATE September 13, 1999 To be colonel *GEORGE D. PATRIN, 0000 BORIS J. SIDOW, 0000 JEFFREY J. CAVENDISH, ANDREW C. ESCRIVA, 0000 *GEORGE E. PEOPLES, JR., *CHRISTOPHER K. SINHA, 0000 JOSEPH B. ESSEX, 0000 JAMES E. COBB, 0000 RANDALL W. MOON, 0000 0000 0000 DANIEL C. CELESKI, 0000 ROBERT M. FAIRBANKS, AUGUSTUS L. COLLINS, 0000 MICHAEL E. NUNLEY, 0000 GREGORY W. PETERMANN, *CURTIS M. SORENSEN, 0000 THERESE S. CERMAK, 0000 0000 JOHN E. DAVOREN, 0000 ERROL R. SCHWARTZ, 0000 0000 *DAVID B. SPROAT, 0000 JOSE CERVANTES, 0000 DEANN J. FARR, 0000 ALBERT E. FRANKE, III, 0000 JOSEPH A. WANNEMACHER, *RONALD J. PLACE, 0000 *JOHN J. STASINOS, 0000 WALTER M. CHANNELL, 0000 MARC J. FARRAYE, 0000 DANIEL J. MCCORMACK, 0000 ALBERT V. PORAMBO, 0000 *KEITH D. STEWART, 0000 NORMAN F.J. CHARBONEAU, TRISHA L. FARRELL, 0000 0000 CURTIS G. WHITEFORD, 0000 MARY E. PORISCH, 0000 *ALEXANDER 0000 MAURICE F. FAULK, JR., *STEVEN J. POSNICK, 0000 STOJADINOVIC, 0000 JAMES T. CHEEK, 0000 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF LAURA L. PRATT, 0000 *THOMAS R. TEMPEL, JR, JAMES G. CHRISTENSON, JOHN F. FERGUSON, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO *BRADLEY P. PRESNAL, 0000 0000 0000 KRISTIN M.H. FIELDING, THE GRADE INDICATED IN THE RESERVE OF THE ARMY KELLY D. PRIDGEN, 0000 *HEIDI P. TERRIO, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MARLIN L. CHRISTIANSON, 0000 *WILLARD F. QUIRK, 0000 *JAMES D. TERRIO, 0000 0000 MARTIN F. FIELDS, JR., 0000 To be colonel *KENDALL L. RAY, 0000 *SONJA M. THOMPSON, 0000 CHARLES E. CHURCHWARD, ASHLEY W. FISH, 0000 *JAY A. RIDDLE, 0000 *GLEN E. TOMKINS, 0000 0000 DAN E. FISHER, 0000 HERBERT J. ANDRADE, 0000 KEVIN J. LORDS, 0000 RANDAL D. ROBINSON, 0000 *BRIAN K. UNWIN, 0000 ALFRED J. CIUZIO, 0000 BRIAN T. FITZGERALD, 0000 *JEFFREYE. RODZAK, 0000 *DAVID A. VINCENT, 0000 SUSAN M. CHESHIER, 0000 JOSEPH G. MATERIA, 0000 CHRISTOPHER R. CLAPP, EILEEN M. FITZGERALD, WALTER F. RONGEY, 0000 *BRAD E. WADDELL, 0000 THOMAS C. COBURN, 0000 OLGA C. RODRIGUEZ- 0000 0000 *BRADLEY J. ROTH, 0000 *PAUL J. WARDEN, 0000 MICHAEL FITZPATRICK, RAMIREZ, 0000 WILBURN A. CLARKE, 0000 GEOFFREY M. *MICHAEL J. ROY, 0000 *ROBERT A. WASCHER, 0000 0000 JAMES M. STEWART, 0000 JEFFREY C. CLEARY, 0000 FITZGERALD, 0000 *STEVEN P. RUBCZAK, 0000 *PETER J. WEINA, 0000 JIMMY R. GOMEZ, 0000 KRISTIAN J. BRIAN D. CLEMENT, 0000 DEREK R. FLEITZ, 0000 RICHARD E. HENS, 0000 STOLTENBERG, 0000 *MICHAEL B. RUSSO, 0000 *GARY A. WHEELER, 0000 DAVID T. CLONTZ, 0000 EUGENE H. FLETCHER, 0000 THOMAS R. LAMONT, 0000 NATHAN A.K. WONG, 0000 GLENN D. SANDBERG, 0000 *SCOTT C. WILLIAMS, 0000 PATRICK W. CLYDE, 0000 TIFFANY A. FLORES, 0000 *DARRELL K. SCALES, 0000 *MARK R. WITHERS, 0000 GEORGE W. COLE, JR., 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF *CRAIG K. SETO, 0000 *GLENN W. WORTMANN, 0000 ROBIN E. FONTENOT, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO JOHN M. SHEPHERD, 0000 *JOHN S. XENOS, 0000 PETER C. COLELLA, 0000 DONNA J. FORBES, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY *NEAL I. SHPARAGO, 0000 *CLIFTON E. YU, 0000 JOELLE M. COLETTA, 0000 LEE A. FORDYCE, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MICHAEL A. COLSON, 0000 KIM M. FORMAN, 0000 IN THE MARINE CORPS CANDACE L. COLSTON, 0000 ROBERT T. FRANKS, 0000 To be colonel LUNDY W. COLVERT, 0000 ILIANA FREDMIRANDA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FERNANDO T. CONDE, 0000 ADRIENNE M. FRENCH, 0000 RICHARD P. ANDERSON, 0000 DAVID M. PARQUETTE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- AVAMARIE S. CONLIN, 0000 ELIZABETH J. FRENCH, 0000 LARRY D. BARTTELBORT, WILLIAM H. PETTY, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: BYRON F. CONNER, 0000 WILLIAM C. FREUDENTHAL, 0000 THOMAS H. REDFERN, 0000 MARK J. CONRAD, 0000 0000 HERBERT W. BEAM, 0000 JAMES M. ROBINSON, 0000 To be major MICHAEL L. BOYD, 0000 LEONARD W.W. COOKE, 0000 JOHN J. FROIO, 0000 SHERWOOD J. SMITH, 0000 MICHAEL J. DELLAMICO, 0000 CHARLES A. CHAMBERS, IV, RONALD A. COOLEY, 0000 EDDIE G. GALLION, 0000 ROBERTA P. STANDISH, 0000 KEVIN J. COOLONG, 0000 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DIONISIO S. GAMBOA, 0000 ROBERT H. TOWER, 0000 JAMES F. COONEY, 0000 RICHARD D. FINDLAY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- WALTER G. GARNER, 0000 HORACE S. TUCKER, JR., KIM CORLEY, 0000 ROBERT LEROY FINN, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: ADOLPH C. GARZA, 0000 0000 JORGE B. GONZALEZ, 0000 PATRICIA CORLEY, 0000 KIRK P. GASPER, 0000 JOHN A. GOODALE, 0000 WILLARD G. VARIAN, 0000 To be lieutenant colonel MICHAEL E. CORSEY, 0000 JENNIFER M. GEDDES, 0000 JOHN L. GRONSKI, 0000 PEDRO G. VILLARREAL, 0000 ANTHONY A. CORSINI, 0000 ERIC M. GESSLER, 0000 CHARLES S. DUNSTON, 0000 KATHLEEN A. MORRISSEY, GARY F. WAINWRIGHT, 0000 ALLISON J. COSTE, 0000 VINCENT F. GIARDINO, JR., 0000 IN THE NAVY SCOTT A. COTA, 0000 0000 KENNETH D. COUNTS, 0000 MATTHEW J. GIBBONS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICHARD COWAN, JR., 0000 ROBIN D. GIBBS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY BENJAMIN M. CRANDALL, CYNTHIA L. GIBSON, 0000 AND FOR REGULAR APPOINTMENT IN THE MEDICAL UNDER TITLE 10, U.S.C., SECTION 624: 0000 GUSTAVO GIERBER, 0000 CORPS (MC) AND DENTAL CORPS (DE) (IDENTIFIED BY AN JOHN L. CRAPO, 0000 MARCIA L. GILL, 0000 ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 531 To be Lieutenant Commander GERALD L. CREECH, 0000 ELIZABETH K. GILLARD, AND 3064: ANIBAL L. ACEVEDO, 0000 DAVID T. BEVERLY IV, 0000 SAMUEL D. CRITIDES, JR., 0000 To be lieutenant colonel JOHN J. ADAMETZ, 0000 RAYMOND W. BICHARD, 0000 0000 GREGG D. GILLETTE, 0000 BRIAN K. ADAMS, 0000 MICHAEL A. BIDUS, 0000 GILBERT M. CSUJA, 0000 LAURA G. GILLIS, 0000 *RODNEY H. ALLEN, 0000 *SEAN D. GHIDELLA, 0000 DAWN E. ADAMS, 0000 BRITTON K. BISHOP, 0000 THOMAS B. CULLEN, 0000 REGINA M. GODBOUT, 0000 EDWARD D. ARRINGTON, *BENJAMIN N. GILBERT, KEITH N. ADAMS, 0000 CHARLES S. BLACKADAR, ROBERT CUNARD, 0000 CARLOS D. GODINEZ, 0000 0000 0000 LAURA M. ADAMS, 0000 0000 MARY F. DALESSANDRO, MARK R. GOHL, 0000 *THOMAS P. BAKER, 0000 *BRUCE E. GOECKERITZ, LYNNE B. AHN, 0000 ANA L. BLACKMON, 0000 0000 MICHAEL D. GOLIGHTLY, *JOHN M. BALAS, JR., 0000 0000 JOHN C. ALBERGHINI, 0000 BRYAN P. BLAIR, 0000 ELIZABETH V. DANG, 0000 0000 *ITALO M. BASTIANELLI, *MONICA B. GORBANDT, 0000 CARLA M. ALBRITTON, 0000 STEVEN J. BLIVIN, 0000 CHRIS J. DARRUP, 0000 THOMAS J. GORMAN, JR., 0000 *PAUL E. GOTT, 0000 THOMAS C. ALEWINE, 0000 DAVID C. BLOOM, 0000 SURJYA P. DAS, 0000 0000 *JOHN J. BAUER, 0000 WAYNE E. HACHEY, 0000 CATHERINE R. ALLEN, 0000 TAMMY L.K. BLOOM, 0000 RAYMOND B.J. JAMES C. GOUDREAU, 0000 *AMY E. BENSON, 0000 NELSON A. HAGER, 0000 CONNIE J. ALLEN, 0000 PRODROMOS G. DAUGHERTY, 0000 ROBERT A. GRAMZINSKI, *ELIZABETH A. BLAIR, 0000 *STEVEN W. HAMMOND, 0000 JANE D. ALLEN, 0000 BORBOROGLU, 0000 STEPHEN S. DAVIS, 0000 0000 *JODIE L. BOLT, 0000 *JACKIE A. HAYES, 0000 TONY L. AMMONS, JR, 0000 ALEXANDER J. BORZYCH, STEVEN W. DAVIS, 0000 JAMES A. GRAPES, 0000 *STEPHEN L. BOLT, 0000 JON A. HINMAN, 0000 TERESA A. ANDERSEN, 0000 0000 PATRICIA K. DAY, 0000 MICHAEL R. GREEN, 0000 *OTTO F. BONETA, 0000 *WILLIAM K. HIROTA, 0000 DONALD W. ANDERSON, JR, PIA S. BOSTON, 0000 ROBERT P. DAY, JR., 0000 MICHAEL L. GREENWALT, *SHERI Y. BOYD, 0000 DAVID P. HOCHSCHILD, 0000 0000 PAUL J. BOURGEOIS, 0000 TONY F. DEALICANTE, 0000 0000 *GEORGE T. BRANDT, 0000 *ROBERT L. HOLMES, 0000 MICHAEL L. ANDERSON, 0000 BRUCE H. BOYLE, 0000 HONEY L. DEARMOND, 0000 ROBIN C. GREGORY, 0000 THOMAS D. BRESLEY, 0000 *DUANE R. HOSPENTHAL, YVONNE ANDERSON, 0000 GERALD BOYLE, 0000 SCOTT M. DEEDS, 0000 HERBERT L. GRIFFIN, JR., *GEORGE BROUGHTON II, 0000 MICHAEL J. ANGERINOS, KEVIN R. BRADSHAW, 0000 DIRK R. DEHAAS, 0000 0000 0000 *WILLIAM T. HUMPHREY, 0000 RUSTY C. BRAND, 0000 MICHAEL W. DELANEY, 0000 ROWDY C. GRIFFIN, 0000 *MICHAEL E. BROWN, 0000 JR., 0000 JEFFREY G. ANT, 0000 KAREN M. BRANSONBERRY, NANCY R. DELANEY, 0000 JEFFREY T. GRILL, 0000 *WILLIAM T. BURNS, 0000 RAYMOND G. HYNSON, 0000 PAUL T. ANTONY, 0000 0000 DANIEL J. DELAURENTIS, JONATHAN C. GROH, 0000 JOHN CAMPBELL, 0000 *JEFFREY L. JACKSON, 0000 DANAE M. APLAS, 0000 JAMES M. BRIAN, 0000 0000 IAN R. GROVER, 0000 ANTHONY J. CANFIELD, 0000 JAMES R. JEZIOR, 0000 LORIMEL F. ARABE, 0000 NEAL A. BRICKHOUSE, 0000 EFRAIN DELEON, 0000 JAMES M. GRUESKIN, 0000 *MARY L. CANNON, 0000 KAREN B. JOHANSEN, 0000 MONICA J. ARELLANO, 0000 LYNN S. BRINKER, 0000 JOHN P. DEMCHAK, 0000 ANNA M. GRUETZMACHER, *JOHN N. CAREY, 0000 LUTHER B. JOHANSEN, 0000 ANTHONY A. ARITA, 0000 MARC E. BRODSKY, 0000 PAUL J. DEMIERI, 0000 0000 *BRIAN E. CAVALLARO, 0000 BARBARA JOSLOW, 0000 ADAM W. ARMSTRONG, 0000 MYLES E. BROOKS, JR., 0000 JAMES T. DENLEY, 0000 CARLOS GUEVARRA, 0000 *PAUL S. CHANG, 0000 *BYRON D. JOYNER, 0000 THOMAS S. ARMSTRONG, MATTHEW J. BROTT, 0000 DANE A. DENMAN, 0000 PEDRO G. GUZMAN, 0000 *DARREN C. CHAPMAN, 0000 *LISA W. KEEP, 0000 0000 ELIZABETH BROUWER, 0000 DAWN DENNIS, 0000 DONNA M. HAASE, 0000 *GREGORY E. CHOW, 0000 *KENNETH R. KEMP, 0000 VERONICA G. ARMSTRONG, DANIEL A. BROWN, 0000 JAMES S. DEROSA, 0000 CLYDE A. HAIG, 0000 *LARRY D. CHRISTOPHER, KEVIN L. KENWORTHY, 0000 0000 DONALD C. BROWN, 0000 ROBERT P. DEVINE, 0000 ANNE R. HALEY, 0000 0000 *JOHN S. KITZMILLER, 0000 ELIZABETH A. G. ASHBY, MARGO H. BROWN, 0000 JUAN J. DEZENGOTITA, 0000 ERIC R. HALL, 0000 *LAWRENCE E. CLAPP, 0000 *ERIK J. KOBYLARZ, 0000 0000 MARY M. BROWN, 0000 FLORENCIO A. DICTADO, SANDRA M. HALTERMAN, GARY W. CLARK, 0000 JOSEPH R. KOLB, III, 0000 CHRIS ATKINS, 0000 RYAN A. BROWN, 0000 0000 0000 *JOSEPH Y. CLARK, 0000 *MARK G. KORTEPETER, HOWARD A. AUPKE, JR, 0000 HAROLD M. BRUCE, 0000 DARIN L. DINELLI, 0000 FRANCES K. HAMMAN, 0000 HEIDI L. CLOSE, 0000 0000 CHARLES R. BAILEY, 0000 KEVIN J. BUCHLI, 0000 STACY K. DIPMAN, 0000 ROBERT J. HAMMOND, 0000 *JOSE J. CONDE, 0000 DAVID A. KRISTO, 0000 JONATHAN G. BAKER, 0000 KAREN J. BUENGER, 0000 JOSEPH DIVINO, 0000 WILLIAM C. HANCOCK, 0000 *NORVELL V. COOTS, 0000 *KEVIN M. KUMKE, 0000 JOEL L. BALDWIN, 0000 EDDY R. BUENO, 0000 DEMETRIO L. DOMINGO, 0000 BRYAN HANFTWURZEL, 0000 *BRIAN E. COTHERN, 0000 WILMA I. LARSEN, 0000 SUSAN BARNES, 0000 PAUL R.A. BUENVENIDA, GERALD F. DONOVAN, 0000 ALAN M. HANSEN, 0000 *TALLEY F. CULCLASURE, JEFFREY A. LAWSON, 0000 CARL R. BARR, 0000 0000 WADE E. DOSCH, 0000 ERIC L. HANSON, 0000 JR., 0000 *LAWRENCE S. LEPLER, 0000 JAMES R. BARRON, 0000 JOHN R. BUFFINGTON, 0000 BRAD H. DOUGLAS, 0000 JULIE C. HANSON, 0000 JAMES A. DAHL, 0000 *THOMAS E. LEVOYER, 0000 BRADLEY E. BARTH, 0000 BRANCH BULLARD, 0000 BRADLEY K. DRAPER, 0000 GREGORY P. HARBACH, 0000 *ALEXANDER K. DEITCH, *ANGELA D. LEVY, 0000 JAMES BASS, 0000 DOUGLAS BUNTING, 0000 BRIAN J. DREW, 0000 CHRISTINA A. HARDAWAY, 0000 EDWARD B. LUCCI, 0000 BARRY J. BAUGHMAN, 0000 RONALD B. BURBANK, 0000 BARBARA J. DROBINA, 0000 0000 *CHRISTOPHER A. DILLON, JEFFREY S. MACINTIRE, CATHERINE A. BAYNE, 0000 LLOYD G. BURGESS, 0000 THOMAS M. DUGGAN, 0000 JOHN V. HARDAWAY, 0000 0000 0000 PAUL E. BEDSOLE, 0000 TIMOTHY H. BURGESS, 0000 DEBRA L. DUNCAN, 0000 NADJMEH M. HARIRI, 0000 * THEODORE A. DORSAY, ANDREW J. MACLELLAN, BRIAN E. BEHARRY, 0000 MICHAEL S. BURKE, 0000 MARGARET T. DUPREE, 0000 DALE R. HARMAN, 0000 0000 0000 CARMEL M. BELANGER, 0000 ROBERT E. BURKE, 0000 GREGORY D. EBERHART, TIMOTHY J. HARRINGTON, *KENNETH N. DUNN, 0000 *FRANCIS J. MALONE, 0000 AMY M. BELFORD, 0000 PATRICIA M. BURNS, 0000 0000 0000 ANNETTE DUSSEAU, 0000 *JOHN R. MAYER, 0000 ANGELA BELL, 0000 CHARLES C. BURROUGHS, MARK K. EDELSON, 0000 JAMES HARRIS, 0000 *JOHN R. EKSTRAND, 0000 DONALD R. MCCLELLAN, DEDRA A. BELL, 0000 0000 JOEL E. EDGEMAN, 0000 MARK K. HARRIS, 0000 SUSAN EMANUEL, 0000 0000 BRODERICK C. BELLO, 0000 GREGORY W. BURT, 0000 MASOUD EGHTEDARI, 0000 BARRY L. HARRISON, 0000 *JOHN W. ETZENBACH, 0000 *SHANNON S. MCGEE, 0000 MARK BENTON, 0000 EDWARD G. BUTLER, 0000 MARK S. EICH, 0000 BRADLEY J. HARTGERINK, LILIA A.FANNIN, 0000 *JAMES W. MCLANE, 0000 LAMONT S. BERG, 0000 HEIDI M. BYERS, 0000 KURT R. EICHENMULLER, 0000 GERALD L.FARBER, 0000 WILLIS A. MCVAY, 0000 ERIK W. BERGMAN, 0000 JAMES D. BYRNE, 0000 0000 ROSANNE I. HARTLEY, 0000 *JEFFREY A. FAULKNER, *COLIN K. MILLER, 0000 RICHARD D. BERGTHOLD, LORI R. CAHILL, 0000 DENISE J. EICHER, 0000 LEE P. HARTNER, 0000 0000 *JERRY J. MILLER, 0000 0000 EUGENE C. CARLSON, 0000 REBEKAH J. EID, 0000 JEFFREY J. HAWKER, 0000 LOIS A. FIALA, 0000 *RICKEY C. MYHAND, 0000 STEPHANIE A. BERNARD, KENNETH D. CARNEIRO, 0000 GENE A. HAWKS, 0000 *DAVID K. FIASCHETTI, 0000 *SRIDHAR NATARAJAN, 0000 0000 CAROL A. CAROTHERS, 0000 CARL C. EIERLE, 0000 *ROGER S. FIEDLER, 0000 ROBERT J. OGLESBY, 0000 GARTH B. BERNINGHAUS, CYNTHIA L. CARPENTER, SAMY M. ELHALAWANI, 0000 RICHARD D. HAYDEN, 0000 *STEPHEN F. FLAHERTY, *COLIN K. OHRT, 0000 0000 0000 CHAD R. ELLER, 0000 RUSSELL B. HAYS, JR., 0000 0000 FREDERICK V. PALMQUIST, BRIAN BERRYMAN, 0000 CHERYL L. CARSON, 0000 THOMAS M. ELLIOTT, 0000 J.P. HEDGES, JR., 0000 *DAVID T. FLOYD, 0000 0000 GEOFFREY B. BETSINGER, WILLIAM R. CARTER, 0000 ROBERT P. ENGLERT, 0000 JOHN W. HEDRICK, 0000 THOMAS B. FRANCIS, 0000 *MARY F. PARKER, 0000 0000 LISA D. CASTLEMAN, 0000 KENNETH W. EPPS, 0000 RICHARD D. HEINZ, 0000 *BARTON K. GEORGE, 0000 *ANTHONY J. PARKER, 0000 VALERIE J. BEUTEL, 0000 JERRY R. CASTRO, 0000

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 9801 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 13, 1999 CONGRESSIONAL RECORD — SENATE S10789

JOE H. HEMENWAY, 0000 ARTHUR H. LOGAN, 0000 GREGORY J. O’LEARY, 0000 DAVID A. SHEALY, 0000 JEFFREY G. WEYENETH, POLLY S. WOLF, 0000 ROY L. HENDERSON, 0000 FRANK J. LORENTZEN, 0000 EDWARD OMRON, 0000 MARIA T. SHELDRAKE, 0000 0000 CAROL J. WOMACK, 0000 MARK R. HENDRICKS, 0000 JOHN W. LOVE, 0000 KEVIN R. O’NEIL, 0000 GLENN A. SHEPHARD, 0000 DEREK S. WHEELER, 0000 JENNIFER L. TODD B. HENRICKS, 0000 SCOTT W. LOWE, 0000 BENJAMIN L. ORCHARD, 0000 CRAIG D. SHEPPS, 0000 MARK S. WHEELER, 0000 WOMELDORPH, 0000 CARL R. HERRON, 0000 JAMES M. LOWTHER, 0000 CARLOS B. ORTIZ, 0000 WILLIAM T. SHIMEALL, 0000 THOMAS C. WHIPPEN, 0000 DONALD P. WOODMANSEE, BRIAN M. HERSHEY, 0000 GREGORY D. LUNSFORD, PETER D. PANAGOS, 0000 ALFRED F. SHWAYHAT, 0000 JOHN D. WHITE, 0000 JR., 0000 KATHLEEN E. HEWITT, 0000 0000 CHRISTINA G. PARDUE, 0000 LESLIE K. SIAS, 0000 CATHERINE E. WIDMER, 0000 ROWLAND WU, 0000 JEFFREY D. HICKS, 0000 SCOTT A. LUZI, 0000 PETER J. PARK, 0000 CYNTHIA S. SIKORSKI, 0000 BARRY E. WILCOX, II, 0000 ADORADO B. YABUT, 0000 LAWRENCE D. HILL, JR., MICHAEL P. LYNN, 0000 LORI A. PARKER, 0000 DORANEA L. SILVA, 0000 CYNTHIA A. WILKES, 0000 NOBORU YAMAKI, 0000 0000 SYLVIA A. LYON, 0000 ROBIN J. PARKER, 0000 RACHEL M. SILVER, 0000 ROBERT A. WILLIAMS, 0000 JOSHUA S. YAMAMOTO, 0000 VINCENT T. HILL, 0000 ANN E. MACKE, 0000 ALBERT W. PARULIS, JR., DANIEL S. SIMPSON, 0000 CHARLES E. WILSON, 0000 MIL A. YI, 0000 EDWARD J. HILYARD, 0000 MICHAEL J. MAGUIRE, 0000 0000 STEVEN L. SIMS, 0000 JEFFREY WINEBRENNER, DOUGLAS YIM, 0000 MICHAEL C. HOLIFIELD, 0000 MARIA MAHMOODI, 0000 STEVEN R. PATTON, 0000 PETER SINGSON, 0000 0000 LINDA D. YOUBERG, 0000 KEITH G. HOLLEY, 0000 GARY M. MAJOR, 0000 MARK D. PENNINGTON, 0000 GLENDA D. SINK, 0000 DIANA B. WISEMAN, 0000 EDWARD L. ZAWISLAK, 0000 KARINE M. HOLLISPERRY, RICHARD E. MAKARSKI, 0000 LUIS M. PEREZ, 0000 PATRICK L. SINOPOLE, 0000 COLLEEN R. WITHERELL, TARA J. ZIEBER, 0000 0000 JOHN MALLOY, 0000 SHELLEY K. PERKINS, 0000 ROBERT F. SKJONSBY, 0000 0000 STEVEN T. ZIMMERMAN, KATRINA M. HOOD, 0000 GEORGE C. MANSFIELD, 0000 KYLE PETERSEN, 0000 ALMAZ A. SMITH, 0000 PETER J. WITUCKI, 0000 0000 MATTHEW T. HORVATH, 0000 DAVID A. MARCH, 0000 PATRICIA L. PETITT, 0000 CLIFFORD L. SMITH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LINDA J.A. HOUDE, 0000 LOUIS J. MARCHIORI II, 0000 BRADLEY B. PHILLIPS, 0000 GREGORY J. SMITH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRUCE A. HOUGESEN, 0000 TIMOTHY R. MARKLE, 0000 HOMER C. PHILLIPS, 0000 JONATHAN M. SMITH, 0000 UNDER TITLE 10, U.S.C., SECTION 624: KURT J. HOUSER, 0000 KATHLEEN A. MARKS, 0000 JOHNNY L. PHILLIPS, 0000 RICHARD Q. SMITH, 0000 JOHN P. HOWARD, 0000 THOMAS R. MARSZALEK, MICHAEL E. PICIO, 0000 RICHARD S. SMITH, 0000 To be lieutenant commander STUART D. HUBBARD, 0000 0000 JOSEPH J. PICKEL, 0000 STUART D. SMITH, 0000 STEVEN J. HUDSON, 0000 RONALD R. MARTEL, 0000 MARK R. PIMPO, 0000 CAROL SOLOMON, 0000 DANIEL A. ABRAMS, 0000 CRAIG R. BLAKELY, 0000 BARBARA L. HUFF, 0000 BETH A. MARTIN, 0000 DREW S. PINILLA, 0000 DANIEL J. SOLOMON, 0000 KEVIN H. ADAMS, 0000 JOHN H. BLALOCK, JR., 0000 KAREN A. HULBERT, 0000 JOEL E. MARTIN, 0000 MATTHEW M. POGGI, 0000 JOHN D. SORACCO, 0000 PAUL M. AGUILAR, 0000 JEFFREY E. BLANKENSHIP, THOMAS R. HUNT, JR., 0000 PAUL E. MARTIN, 0000 WILLIAM F. POLITO, 0000 KAREN A. SORIA, 0000 JULIE C. ALBANUS, 0000 0000 HEIDI K. HUPP, 0000 JULIE MAURER, 0000 MICHAEL J. POLIZZOTTO, BRETT V. SORTOR, 0000 BRIAN N. ALBRO, 0000 LARRY D. BLAYLOCK, II, THOMAS L. HUSTED, 0000 CHERYL L. MAUZY, 0000 0000 CHRISTOPHER T. SOSA, 0000 JOSEPH A. ALCORN, 0000 0000 CHRIS B. HYUN, 0000 SHIRLEY A. MAXWELL, 0000 TANYA M. PONDER, 0000 DEBRA R. SOYK, 0000 NATHAN J. ALLEN, 0000 TIMOTHY A. BOCHARD, 0000 BARBARA R. IDONE, 0000 TODD J. MAY, 0000 MAY B. PORCIUNCULA, 0000 JONATHAN M. STAHL, 0000 THOMAS H. ALLEN, 0000 TODD S. BOCKWOLDT, 0000 ARISTIDES ILIAKIS, 0000 KEITH L. MAYBERRY, 0000 GARY J. POWE, 0000 ALESSANDRO I. WILLIAM B. ALLEN, 0000 ROBERT W. BODVAKE, 0000 ROBERT D. JACKSON, 0000 JOHN P. MAYE, 0000 CRAIG S. PRATHER, 0000 STAMEGNA, 0000 DAVID R. ALLISON, 0000 BOBBY C. BOLT, 0000 MARGARET A. JACOBSEN, MICHAEL T. MAZUREK, 0000 DAVID E. PRATT, 0000 AARON K. STANLEY, 0000 ANTHONY L. ALLOU III, 0000 CHRISTOPHER C. BONE, 0000 0000 JEROME F. MC CABE, 0000 ANDREA M. PRINCE, 0000 SUSAN A. STEINER, 0000 RICHARD B. ALSOP, 0000 RICK D. BONEAU, 0000 ALAN D. JACOVICH, 0000 BRIAN L. MC CANN, 0000 JACQUELINE PRUITT, 0000 LAURA M. STERLING, 0000 JILL C. ALSTON, 0000 BARTEL J. BOOGERD, III, RICHARD H. JADICK, 0000 PATRICK J. MCCLANAHAN, TEJASHRI S. MICHAEL L. STITELY, 0000 TINA M. ALTON, 0000 0000 GLADYS L. JAFFARI, 0000 0000 PUROHITSHETH, 0000 KAREN A. STOVER, 0000 JEFFREY M. ALVES, 0000 BRIAN W. BOOKER, 0000 JAMES JAWORSKI, 0000 TROY M. MCCLELLAND, 0000 ARMAND T. QUATTLEBAUM, BRIAN H. SULLIVAN, 0000 MICHAEL D. AMROZOWICZ, JOSEPH D. BORGIA, 0000 STEVEN M. JEFFS, 0000 CATHY M. MCCRARY, 0000 0000 SEAN D. SULLIVAN, 0000 0000 MICHAEL D. BOSLEY, 0000 TRACY A. JENKINS, 0000 DENISE K. MCELDOWNEY, GARY E. RAFFEL, 0000 TERRY M. SURDYKE, 0000 SAUNDRA L. AMSDEN, 0000 JAMES E. BOSWELL, 0000 DENISE JOHNSON, 0000 0000 MICHAEL D. RAMOS, 0000 GEORGE N. SUTHER, 0000 TROY A. AMUNDSON, 0000 DENNIS R. BOYER, 0000 ERIC JOHNSON, 0000 SEAN K. MCELHANEY, 0000 JOE F. RAY, 0000 JOANNE M. SUTTON, 0000 ERIC L. ANDALIS, 0000 STEVEN J. BRACKETT, 0000 JAMES M. JOHNSON, 0000 ROBERT K. MCGAHA, 0000 SANDRA H. RAY, 0000 TIMOTHY M. SWAN, 0000 EDWARD L. ANDERSON, 0000 CHARLES J. BRADY, III, 0000 KENNETH B. JOHNSON, 0000 KEVIN A. MCKENNEY, 0000 WILLIAM S. REAMER, 0000 TRACY B. SWANSON, 0000 EMORY A. ANDERSON III, JON N. BRADY, 0000 ROBERT JOHNSON, 0000 KENNETH W. MCKINLEY, KAY R. REEB, 0000 FREDERIC R. SYLVIA, JR., 0000 MICHAEL G. BRADY, 0000 ROBERT F. JOHNSON, 0000 0000 CHRISTOPHER H. REED, 0000 0000 GREGORY L. ANDERSON, REGINALD T. BRAGGS, 0000 JOHN W. JOHNSTON, 0000 DANIEL J. MCLAUGHLIN, JENNIFER L. REED, 0000 AMY M. TARBAY, 0000 0000 JAMES M. BRANDT, 0000 ATHANASE J. JONES, JR., 0000 JESSICA D. REED, 0000 GARY A. TAVE, 0000 RANDALL G. ANDERSON, KEITH A. BRANNER, 0000 0000 LAURA J. MCLAUGHLIN, PAUL L. REED, 0000 ERIC R. TAYLOR, 0000 0000 GUNTER I. BRAUN, 0000 DAVID E. JONES, 0000 0000 EDWARD REEDY, 0000 RICHARD C. TAYLOR, 0000 JOSEPH C. ANDREATTI, 0000 RALPH R. BRAUND, III, 0000 KARON V. JONES, 0000 DAVID B. MCLEAN, 0000 KEVIN J. REGAN, 0000 FRANLILS C. ANTHONY J. ANGLIN, 0000 DONALD J. BREEN, 0000 KEVIN M. JONES, 0000 MARY A. MCMACKIN, 0000 LAURA G. REILLY, 0000 TENGASANTOS, 0000 JASON L. ANSLEY, 0000 SCOTT E. BREES, 0000 JOSEPH P. JORDAN, 0000 BRIAN T. MCNAMARA, 0000 FRANK M. RENDON, 0000 ELIZABETH A. H. TEWELL, MICHAEL R. ARMSTRONG, BRENT M. BREINING, 0000 SUSAN A. JORDAN, 0000 BRYON K. MCNEIL, 0000 MICHAEL L. RENEGAR, 0000 0000 0000 BENJAMIN H. BRESLIN, 0000 ETHAN B. JOSIAH, 0000 DWAYNE R. MEEKER, 0000 CHARLES R. REUNING, 0000 DEANNA L. THOMAS, 0000 THOMAS W. ARMSTRONG, MARK O. BRINKERHOFF, MICHAEL JURGENS, 0000 JAMES E. MEEKINS, 0000 STEPHEN K. REVELAS, 0000 KEVIN C. THOMAS, 0000 0000 0000 PETER M. KADILE, 0000 JAMES W. MELONE, 0000 ORLANDO RICCI, 0000 CHARLOTTE A. THOMPSON, LOUIS W. ARNY IV, 0000 STEPHEN J. BROKENS, 0000 DAVID H. KAO, 0000 JILL S. MEONI, 0000 MICHAEL D. RICHARD, 0000 0000 JAMES F. ARRIGHI, 0000 CHAD D. BROWN, 0000 GLORIA S. KASCAK, 0000 ROSARIO P. MERRELL, 0000 ANDREA M. RIES, 0000 JOHN C. THOMPSON, 0000 DAVID A. ARTETA, 0000 CHRISTOPHER H. BROWN, ERIC J. KASOWSKI, 0000 THOMAS V. MESSE, 0000 TRACY V. RIKER, 0000 JANET E. THORLEY, 0000 LAWRENCE J. ARTMAN, 0000 0000 MICHAEL D. KAZEL, 0000 DREW C. MESSER, 0000 MARCIA A. RIPLEY, 0000 ERIK THREET, 0000 MONTY G. ASHLIMAN, JR., LINWOOD L. BROWN, III, 0000 JANET R. KEAIS, 0000 WENDELL Q. MEW, 0000 PAUL B. ROACH, 0000 MARY A. TILLOTSON, 0000 0000 WILLIAM A. BROWN, 0000 CHRISTOPHER A. KELLY, STERLING A. MEZA, 0000 RONALD R. ROBERSON, 0000 MARK A. TITTLE, 0000 CRAIG R. BACON, 0000 WOODS R. 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MILLER, 0000 LOUIS ROSA, 0000 JEFFREY C. TROWBRIDGE, ERIC S. BARKER, 0000 FRANK V. BULGES, 0000 MARY J. KINSELLA, 0000 JONATHAN A. MILLER, 0000 PATRICK ROSATO, 0000 0000 HERBERT C. BARKER, 0000 WILLIAM A. BULIS, 0000 STANLEY A. KLOSS, 0000 RONALD P. MILLER, 0000 DEBORAH E. ROY, 0000 DAVID A. TUBLEY, 0000 KENNETH L. BARKER, 0000 PAUL R. BUNNELL, 0000 STEVEN T. KNAUER, 0000 ROLAND A. MINA, 0000 KEVIN L. ROYE, 0000 BARBARA D. TUCKER, 0000 JEFFREY T. BARNABY, 0000 ANDREW D. BURDEN, 0000 TAMMY L. KOCH, 0000 KRAIG A. MITCHELL, 0000 MARK A. RUCH, 0000 DEAN A. TUFTS, 0000 DANELLE M. BARRETT, 0000 DAVID J. BURDICK, 0000 NEVANNA I. KOICHEFF, 0000 WILLIAM D. MITCHELL, 0000 MICHAEL J. RUNDELL, 0000 DERRIC T. TURNER, 0000 TERRY S. BARRETT, 0000 MARK A. BURGESS, 0000 CHRISTINA M. KOONCE, 0000 EDWARD T. ANDREW A. RUSNAK, 0000 DALE H. TYSOR, 0000 JAMES A. BARTELLONI, 0000 BARBARA M. BURGETT, 0000 MARK KOSTIC, 0000 MOLDENHAUER, 0000 GLORIA A. RUSSELL, 0000 LINDA C. ULRICH, 0000 AARON C. BARTLETT, 0000 JOHN N. BURK, 0000 CARMEN KRETZMER, 0000 JOSEPH M. MOLNAR, 0000 GREGORY G. RUSSELL, 0000 KEN H. UYESUGI, 0000 SUZANNE I. BASALLA, 0000 CARL A. BURKINS, 0000 KRISTIN L. KRUSE, 0000 NANCY L. MONTAGOT, 0000 MICHAEL B. RUSSO, 0000 HAROLD W. VALENTINE, DONALD A. BASDEN, 0000 EDWIN J. BURNS, 0000 ALLEN R. KUSS, 0000 JOHN P. MOON, 0000 HERMAN M. SACKS, 0000 0000 KENNETH D. BATES, 0000 MICHAEL P. BURNS, 0000 RICKY A. KUSTURIN, 0000 DANIEL H. MOORE, 0000 DEIDRE I. SALL, 0000 ANASTASIA F. ARTHUR J. BAYER, 0000 JASON B. BURROWS, 0000 MICHELLE C. LADUCA, 0000 JULIE C. MOORE, 0000 ROSE M. SALUKE, 0000 VALENZUELA, 0000 JAMES B. BEARD, 0000 ANGELO D. BURSTION, 0000 ALBERT LAFERTY, 0000 RODNEY M. MOORE, 0000 JOSE E. SANCHEZ, 0000 PAUL J. VANDENBERG, 0000 ROBERT E. BEAUCHAMP, DERRICK J. BUSSE, 0000 GARY E. LAMB, 0000 CYNTHIA E. MOOREFIELD, DAVID D. SANDERS, 0000 STRATEN M. R. VANDER, 0000 ARTHUR D. BUSSIERE, 0000 JOHN A. LAMBERTON, 0000 0000 FLOYD I. SANDLIN, III, 0000 0000 DOUGLAS B. 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KLUG, 0000 0000 YVONNE D. NORTON, 0000 THOMAS C. DISY, 0000 EDWARD M. GALVIN, 0000 0000 GRANT W. KLUZAK, 0000 THOMAS E. MAURER, 0000 DEVON C. NUGENT, 0000 DAVID J. DITALLO, 0000 TIMOTHY L. GAMACHE, 0000 DAVID D. HEBERT, 0000 KENN M. KNITTEL, 0000 DAVID M. MAXWELL, 0000 TODD M. NUNNO, 0000 DANNY J. DOBBINS, 0000 LAWRENCE M. GARCIA, 0000 JONATHAN D. HECKER, 0000 KEITH A. KNUTSEN, 0000 DONALD G. MAY, 0000 HAROLD O. OAKLEY, 0000

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JOHN M. O’BRIEN, 0000 DEAN T. RAWLS, 0000 JAMES F. SLOAN, III, 0000 CHRISTINA L. ULSES, 0000 IVAN K. LESNIK, 0000 ANTHONY C. MILLER, 0000 SEAN P. O’BRIEN, 0000 JOSEPH P. REASON, JR., 0000 WAYNE F. SLOCUM, 0000 BART J. UMENTUM, 0000 EDWIN T. LONG, 0000 EILEEN SCANLAN, 0000 STEPHEN F. O’BRYAN, JR., KENNETH L. REBER, 0000 TIMOTHY B. SMEETON, 0000 LOUIS T. UNREIN, 0000 PGAYLE D. SHAFFER, 0000 0000 DOUGLAS E. RECKAMP, 0000 JEFFREY E. SMITH, 0000 RAJAN VAIDYANATHAN, RICHARD F. O’CONNELL, CHARLES V. RED, JR., 0000 MARY E. SMITH, 0000 0000 To be lieutenant 0000 CARL S. REED, 0000 TOMMIE C. SMITH, 0000 JOHN L. VALADEZ, 0000 SETH D. ABBOTT, 0000 WILLIAM J. HUGHES, IV, JAMES S. OGAWA, 0000 LEONARD E. REED, 0000 WESLEY A. SMITH, 0000 SALLY A. VANHORN, 0000 JAMES R. ACKERMAN II, 0000 ANTHONY L. OHL, 0000 ROBERT M. REEVES, 0000 WESLEY S. SMITH, 0000 JEFFREY T. 0000 JULIE A. HUNT, 0000 KLAS W. OHMAN, 0000 ANGUS P. REGIER, 0000 JOHN J. SNIEGOWSKI, 0000 VANLOBENSELS, 0000 CHRISTINE N. ACTON, 0000 CHARLES E. HURST, 0000 MICHAEL J. O’KEEFE, 0000 PHILIP N. REGIER, 0000 ERIN G. SNOW, 0000 ANDREW B. VARNER, 0000 PAUL R. ALLEN, 0000 LEON R. JABLOW, IV, 0000 HAL S. OKEY, 0000 MICHAEL R. REIN, 0000 TAMARA L. SNYDER, 0000 MICHAEL S. VARNEY, 0000 ROBERT W. ANDERSON, 0000 RONNY L. JACKSON, 0000 JOHN A. OKON, 0000 DENNIS W. REINHARDT, 0000 MARK W. SORTINO, 0000 PETER G. VASELY, 0000 VANESSA D. ANJARD, 0000 JEFFREY J. JAKUBOSKI, PETER S. OLEP, 0000 BARON V. REINHOLD, 0000 MICHAEL J. SOWA, 0000 JOSEPH A. VASILE, 0000 CARLOS A. ARANDA, 0000 0000 ROBERT J. SPANE, II, 0000 RONALD E. VAUGHT, 0000 EDWARD OLEYKOWSKI, 0000 MARK W. RENAUD, 0000 JOSEPH J. ARNOLD, 0000 CHRISTINA A. JAMIESON, CHARLES C SPARKS, II, 0000 MICHAEL VERNAZZA, 0000 CHRISTOPHER V. OLSON, CURT A. RENSHAW, 0000 MARTIN F. ARRIOLA, 0000 0000 PAUL C. SPEDERO, JR., 0000 GENE B. VETTER, 0000 0000 GREGORY A. REPPAR, 0000 ELIZABETH A. ASHBY, 0000 ALBERT S. JANIN, IV, 0000 JOHN M. SPEREDELOZZI, CHARLES H. VICKERS, 0000 JON R. OLSON, 0000 JAY S. RICHARDS, 0000 BRANTLEY F. BAIN, 0000 KARON V. JONES, 0000 0000 CLARO W. VILLAREAL, 0000 MICHAEL N. OLUVIC, 0000 TIMOTHY P. RICHARDT, 0000 ANDREW B. BAKER, 0000 ULETHA M. JONES, 0000 TIMOTHY W. SPITSER, 0000 TRACY A. VINCENT, 0000 JULIE O’ROURKE, 0000 TIMOTHY E. RIEGLE, 0000 JONATHAN G. BAKER, 0000 PAUL C. KAPFER, 0000 PAUL B. SPOHN, 0000 BRADLEY E. C. VOLDEN, PEDRO J. ORTIZ, 0000 DALE C. RIELAGE, 0000 JOHN M. BARRETT, 0000 STEPHANIE A. KAPFER, 0000 TIMOTHY W. STAATS, 0000 0000 MICHAEL J. OSBORN, 0000 KIM H. RIGAZZI, 0000 GREGORY R. BART, 0000 FRANK T. KATZ, 0000 RICHARD M. STACPOOLE, PAUL E. VOLLE, 0000 RAYMOND B. OTT, 0000 DENNIS B. RITCHEY, 0000 DONNA M. BARTEE, 0000 DUANE M. KEMP, 0000 0000 SUZANNE H. VONLUHRTE, JAMIE R. OTTO, 0000 WILLIAM M. ROARK, 0000 WILLIAM H. BAXTER, 0000 SHARI D. KENNEDY, 0000 BRETTON C. STAFFORD, 0000 0000 JOHN F. OUELLETTE, 0000 DION A. ROBB, 0000 JUANITA B. BELISO, 0000 YOLANDA KERN, 0000 DORA U.L. STAGGS, 0000 JOHN F. WADE, 0000 CLARK J. OVERBAUGH, 0000 DONALD A. ROBERTSON, JEFFREY S. BERGER, 0000 ANDREW S. KIM, 0000 JOE V. OVERSTREET, 0000 0000 DAVID J. STAMM, 0000 WILLIAM E. WALDIN, 0000 AIDA S. BERNAL, 0000 DOUGLAS H. STANFORD, WILLIAM C. WALKE, II, 0000 KEVIN E. KING, 0000 CHARLES L. OWENS, 0000 JOHN D. ROBINSON, 0000 JEFFREY J. BERNASCONI, TROY L. KING, 0000 PATRICK M. OWENS, 0000 JOSEPH R. ROBSON, JR., 0000 0000 DOUGLAS H. WALKER, 0000 0000 ROBERT W. STANLEY, 0000 JEFFREY J. WALKER, 0000 REBECCA A. KISER, 0000 HOWARD PACE, 0000 MICHAEL R. ROCHELEAU, VALERIE J. BEUTEL, 0000 MARK F. KLEIN, 0000 DAVID M. PADULA, 0000 0000 WILLIAM F. STARR, 0000 JOEL R. WALKER, 0000 KRISTEN M. BIRDSONG, 0000 RICHARD B. STEELE, 0000 PATRICK J. WALKER, 0000 MARCI C. LABOSSIERE, 0000 DONALD F. PAGLIARO, 0000 CINDY M. RODRIGUEZ, 0000 KAREN H. BISOGNO, 0000 SUSAN D. LABOY, 0000 MELODIE S. PALMER, 0000 HECTOR L. RODRIGUEZ, 0000 KIRK A. STEFFENSEN, 0000 JEROME WALLACE, JR., 0000 WALTER D. BRAFFORD, 0000 LEIF E. STEINBAUGH, 0000 RICKEY D. WALLEY, 0000 WILLIAM S. LARAGY, 0000 ROBERT D. PALMER, 0000 JOSEPH A. RODRIGUEZ, 0000 AARON G. BRODSKY, 0000 CINDY L. LASWELL, 0000 STEPHEN E. PALMER, 0000 EHRICH W. STEINMETZ, 0000 MICHAEL E. WALLIS, 0000 REGINALD C. BROWN, 0000 BRENDAN P. ROGERS, 0000 VERONICA A. LAW, 0000 JOHN S. PAMER, 0000 NESTOR E. ROMERO, 0000 JOSEPH S. STENAKA, 0000 JOSEPH E. WALTER, JR., BRADLEY D. BUCHANAN, KATRINA M. LEEK, 0000 JAMES M. PARISH, 0000 BRIAN K. ROSGEN, 0000 LEE C. STEPHENS, 0000 0000 0000 DENISE M. LEVELING, 0000 JAMES P. PARISIEN, 0000 MARK E. RUSNAK, 0000 MARC A. STERN, 0000 JON D. WALTERS, 0000 KAREN J. BUENGER, 0000 ANDREW D. LEVITZ, 0000 JOHN J. PARK, 0000 RONALD W. RUSSELL, 0000 BENJAMIN J. STEVENS, 0000 DAVID E. WARD, 0000 JASON A. BURNS, 0000 MICHAEL LIBERATORE, 0000 GREGORY J. PARKER, 0000 TED M. RUSSELL, 0000 MICHAEL J. STEVENS, 0000 JOHN M. WARD, 0000 BRENT A. BUSHEY, 0000 BRIAN R. LOMAX, 0000 MARCUS L. PARKER, 0000 MICHAEL D. RUSSO, 0000 WILLIAM C. STEWART, 0000 MARGARET M. WARD, 0000 VIRGINIA L. BUTLER, 0000 KEVIN T. LONG, 0000 SCOTT A. PARVIN, 0000 MICHAEL L. RUSSO, 0000 CHRISTOPHER STEYN, 0000 ROBERT J. WARE, 0000 RONNIE M. CANDILORO, 0000 TRACY L. LOPEZ, 0000 LAURENCE M. PATRICK, 0000 DAVID M. RUTH, 0000 RONALD J. STINSON, 0000 DENNIS J. WARREN, 0000 ANN M. CASE, 0000 EVA M. LOSER, 0000 MICHAEL D. PATTERSON, STEVEN M. RUTHERFORD, EDWARD J. STOCKTON, 0000 DAVID H. WATERMAN, 0000 MATTHEW CASE, 0000 PETER M. LUDWIG, 0000 0000 0000 JAMES G. STONEMAN, 0000 TODD M. WATKINS, 0000 JEROME J. CHRISTENSEN, JOHN S. LUGO, 0000 WAYNE M. PAULETTE, 0000 MICHAEL S. RYAN, 0000 MARK R. STOOPS, 0000 JILL C. WATSON, 0000 0000 LAURA J. PEARSON, 0000 RICHARD J. RYAN, 0000 KIRK A. STORK, 0000 STEVEN H. WATSON, 0000 JEFFREY CLARK, 0000 MICHAEL P. LYNN, 0000 DAREN R. PELKIE, 0000 JOHN A. SAGER, 0000 HAROLD W. STOUT, 0000 STEVEN D. WEBER, 0000 LORI J. CLAYTON, 0000 JENNIFER J. MACBAIN, 0000 MARK E. PELTON, 0000 CHRISTOPHER M. SAINDON, SHELBY STRATTON, 0000 TIMOTHY R. WEBER, 0000 SCOTT O. CLOYD, 0000 DENNIS B. MACDOUGALL, WILLIAM P. PENNINGTON, 0000 DAVID A. STREIGHT, 0000 ROY T. WEDGEWOOD, 0000 TIMOTHY A. COAKLEY, 0000 0000 0000 ANTHONY W. SAMER, 0000 LAWRENCE J. STROBEL, WILLIAM A. WEEDON, 0000 MICHAEL L. COE, 0000 IAN A. MACKINNON, 0000 MICHAEL J. PERRY, 0000 SCOTT A. SAMPLES, 0000 0000 KENNETH L. WEEKS, III, 0000 LAURA K. COMSTOCK, 0000 CARL H. MANEMEIT, 0000 STEFAN PERRY, 0000 DOUGLAS A. SAMPSON, 0000 MICHAEL O. STUART, 0000 ANDREW J. WEGNAN, 0000 GREGORY W. COOK, 0000 PAUL A. MANNER, 0000 JOHN A. PESTOVIC, JR., 0000 BENNIE SANCHEZ, 0000 LYLE D. STUFFLE, 0000 EVAN W. WEINTRAUB, 0000 CHERYL J. COSTA, 0000 CHRISTOPHER R. MANNION, AARON S. PETERS, 0000 THOMAS E. SANCHEZ, 0000 WILLIAM C. SUGGS, 0000 MARK W. WEISGERBER, 0000 ANDREW B. CRIGLER, 0000 0000 RANDALL V. PETERS, 0000 MATTHEW R. SANDBERG, JERRY L. SULLIVAN, 0000 STEVEN G. WELDON, 0000 ROBERT J. CROW, 0000 DAVID M. MARTIN, 0000 CHRISTOPHER L. 0000 DAVID P. SUPPLE, 0000 RICHARD T. WELHAM, 0000 JOHN M. DANIELS, 0000 DWAYNE B. MARYOTT, 0000 PETERSON, 0000 DAVID P. SANDERS, 0000 JOSEPH A. SURETTE, 0000 DANIEL A. WELLS, 0000 CASSANDRA MICHAEL R. MAULE, 0000 MICHAEL C. PETERSON, 0000 JOHN R. SANDERSON, IV, PARKER W. SWAN, 0000 DEAN E. WENCE, 0000 DARDENBARNES, 0000 CAREN L. MC CURDY, 0000 TRAVIS A. PETERSON, 0000 0000 SCOTT H. SWORDS, 0000 PAUL G. WERRING, JR., 0000 BRADLEY S. DAVIS, 0000 ERIC J. MC DONALD, 0000 TIMOTHY H. MALACHY D. SANDIE, 0000 ROBERT M. SYMULESKI, THOMAS L. WESTER, 0000 CHRISTOPHER D. STUART R. MCKENNA, 0000 PFANNENSTEIN, 0000 GREGORY M. SANDWAY, 0000 0000 EDWARD J. WETZEL, 0000 DECLERCQ, 0000 CATHLEEN M. MC QUADE, JESSICA PFEFFERKORN, JOHN P. SANFORD, 0000 JAMES S. TALBERT, 0000 CRAIG M. WEVLEY, 0000 KRISTA J. DELLAPINA, 0000 0000 0000 ANTONIO P. SANJOSE, JR., JAMES B. TANNAHILL, 0000 CHARLES R. WHEELER, 0000 FARIA DIAZ, 0000 PATRICK G. MELER, 0000 DANIEL M. PFEIFF, 0000 0000 CHRIS E. TAYLOR, 0000 JEFFREY P. WHETMAN, 0000 THOMAS L. DORWIN, 0000 PHILIP B. MELTMAR, 0000 TUAN N. PHAM, 0000 EUGENE A. SANTIAGO, 0000 GUY A. TAYLOR, 0000 MICHELLE K. WHISENHANT, BARBARA J. DROBINA, 0000 ROSARIO P. MERRELL, 0000 TUNG X. PHAM, 0000 DAVID D. SANTOS, 0000 JAMES E. TAYLOR, 0000 0000 JOEL D. DULAIGH, 0000 ANDREW P. MESHEL, 0000 MICHAEL W. PHARES, 0000 CARLOS A. SARDIELLO, 0000 DEREK L. TEACHOUT, 0000 DAVID A. WHITE, 0000 GARETT E. EDMONDS, 0000 XANTHE R. MIEDEMA, 0000 CLIFTON T. PHILLIPS, 0000 STEPHEN K. SAULS, 0000 MICHAEL W. TEMME, 0000 ERASMUS D. WHITE, 0000 KAREN L. EGGLESTON, 0000 JULIE K. MILLER, 0000 CURTIS K.M. PHILLIPS, 0000 CHARLES SAUTER, 0000 THOMAS R. TENNANT, 0000 WILLIAM S. WHITE, 0000 JOHN W. EJNIK, 0000 PAUL C. MILLER, 0000 PETER C. PHILLIPS, 0000 MICHAEL A. SCHACHTER, HENRY J.M. THAXTON, 0000 SCOTT E. WHITMORE, 0000 DANIEL E. ELDREDGE, 0000 ANN K. MINAMI, 0000 ERIC R. PHIPPS, 0000 0000 RICHARD A. THIEL, JR., 0000 MICHAEL V. WIECZOREK, LORRAINE A. ENGLISH, 0000 CHAD A. MITCHELL, 0000 THOMAS C. PICKETT, JR., KEITH E. SCHAFFLER, 0000 JOHN J. THOMPSON, 0000 0000 TODD M. EVANS, 0000 MONICA E. MITCHELL, 0000 0000 LOUIS J. SCHAGER, JR., 0000 KENT F. THOMPSON, 0000 ERIC S. WIESE, 0000 BRADLEY A. FAGAN, 0000 CARLOS MONTANEZ, 0000 MICHAEL R. PIERCE, 0000 PHILIP M. SCHEIPE, 0000 PAUL A. THOMPSON, 0000 JAMES W. WIGGS, 0000 KRISTIN M. FERER, 0000 JOHN P. MOON, 0000 DAVID A. PIERSON, 0000 FRANK M. SCHENK, JR., 0000 RICHARD W. THOMPSON, GEORGE M. WIKOFF, 0000 GERRY M. FERNANDEZ, JR., KARIN S. MOREAN, 0000 MICHAEL E. PIETRYKA, 0000 GREGORY J. SCHMEISER, 0000 DEAN R. WILL, 0000 0000 MARK S. MORRELL, 0000 NOEL A. PITONIAK, 0000 0000 MARK E. THORNELL, 0000 PAT L. WILLIAMS, 0000 GLENN S. FISCHER, 0000 DANIEL MORITSCH, 0000 DARREN R. PLATH, 0000 KENT R. SCHRADER, 0000 MICHAEL L. THRALL, 0000 RACQUEL M. WILLIAMS, 0000 BARBARA H. FLETCHER, SYLVIA I. NAGY, 0000 MICHAEL A. POLIDORO, 0000 CHARLES W. SCHREIBER, DARCEY J. THURESON, 0000 ROBERT A. WILLIAMS, 0000 0000 JAMES A. NEUMAN, 0000 PHILLIP W. POLIQUIN, 0000 0000 MARIE A. THURMAN, 0000 SUSAN M. WILLY, 0000 JOSEPH P. FLOTT, 0000 THANH V. NGUYEN, 0000 BRYAN P. PONCE, 0000 KARAN A. SCHRIVER, 0000 BRADLEY S. TIDWELL, 0000 ANHTUAN N. WILSON, 0000 DAVID R. FOSTER, 0000 PAMELA E. NICKRAND, 0000 WILLIAM R. POPPERT, 0000 THOMAS S. SCHUMACHER, KEITH G. TIERNAN, 0000 DEAN A. WILSON, 0000 SHELLY V. FRANK, 0000 JEREMY C. NIKEL, 0000 MALCOLM H. POTTS, 0000 0000 KATHRYN E. TIERNEY, 0000 HAROLD M. WILSON, 0000 THERESA L. FRITH, 0000 JOHNNY M. NILSEN, 0000 DOUGLAS A. POWERS, 0000 MARK C. SCOTT, 0000 RODNEY P. TISHNER, 0000 DAVID G. WIRTH, 0000 ORLANDO J. FUGARO, 0000 EDWARD B. O’BRIEN, III, MICHAEL S. PRATHER, 0000 SHARI L. SCOTT, 0000 JAMES T. TOBIN, 0000 ANDREW V. WITHERSPOON, IVAN R. GARCIA, 0000 0000 CHARLES A. PRATT, 0000 STEPHEN D. SCOTTY, 0000 EDWIN TOBON, 0000 0000 EUGENE K. GARLAND, 0000 NATHAN R. OGLE, 0000 MATTHEW S. PREGMON, 0000 KARLA W. SCROGGINS, 0000 WILLIAM E. TOEPPE, 0000 THOMAS A. WOLFE, 0000 JOSEPH R. GARNER, 0000 JANICE K. O’GRADY, 0000 PERRY D. PREUETT, 0000 SCOTT R. SENAY, 0000 CHARLES J. TOLEDO, 0000 CYNTHIA M. WOMBLE, 0000 BARTON J. GARRISON, 0000 SHIRLEY E. OGUIN, 0000 MICHAEL J. PREWITT, 0000 ROBERT N. SEVERINGHAUS, ERIC T. TOOKE, 0000 WILLIAM P. WOOD, 0000 MARY B. GERASCH, 0000 JOHN A. OLIVEIRA, 0000 ERIC K. PRIME, 0000 0000 RAYMOND M. TORTORELLI, HAROLD T. WORKMAN, 0000 DAVID G. GIBBONS, 0000 CLYDE D. OWEN, 0000 MARK A. PROKOPIUS, 0000 SEAN T. SEXTON, 0000 0000 DANIEL C. WORRA, 0000 ROBERT W. GNEITING, 0000 ERIC OXENDINE, 0000 KEVIN J. PROTZMAN, 0000 BRYAN P. SHEEHAN, 0000 THOMAS A. TRAPP, 0000 JOSEPH W. WORTHINGTON, MARY F. GREER, 0000 JERRI A. PALMER, 0000 ROBERT S. PRYCEJONES, THAD M. SHELTON, 0000 TARA K. TRAYNOR, 0000 0000 DARRELL S. GREGG, 0000 PHILIP D. PARKER, 0000 0000 STEVEN B. SHEPARD, 0000 THOMAS J. TREACY, 0000 BRYAN R. WRIGHT, 0000 DANIEL W. GRIPPO, 0000 DOUGLAS K. PARRISH, 0000 JOHN A. PUCCIARELLI, 0000 MICHAEL E. SHERWIN, 0000 BRETT H. TREESE, 0000 KEITH B. YAUGER, 0000 DEBORAH D. HALVORSEN, JUSTICE M. PARROTT, 0000 ROBERT J. PUDLO, 0000 LEONARD M. SHETLER, 0000 GEORGE F. TRICE, JR., 0000 STEPHEN C. YEAGER, 0000 0000 JOE T. PATTERSON, III, 0000 JOSEPH P. PUGH, 0000 RANDALL B. SHOCKEY, 0000 DAVID M. TRZECIAKIEWICZ, DONNA M. YOUNG, 0000 LAURA E. HAMILTON, 0000 BETHANY L. PAYTON, 0000 GERARD F. QUINLAN, 0000 DENNIS A. SHOOK, 0000 0000 FORREST YOUNG, 0000 SHANNON K. HAMILTON, DONALD D. PEALER, 0000 PAUL D. QUINN, 0000 KIRSTINA D. SHORE, 0000 JAMES M. TURECEK, 0000 MARK V. ZABOLOTNY, 0000 0000 BARTON L. PHILPOTT, 0000 CHARLES E. QUINTAS, 0000 JOHN J. SHRIVER, 0000 PHILLIP H. TURNER, 0000 CHRISTIAN W. ZAUNER, 0000 BARBARA T. HANNA, 0000 JOSE M. PI, 0000 DAVID A. QUIRK, 0000 MICHAEL L. SHUMBERGER, TROY J. TWOREK, 0000 MICHEAL L. ZIEGLER, 0000 CHRISTOPHER M. HANSEN, ROBERT D. POLLEY, JR., JOSEPH V. QUIRK, 0000 0000 ROGER R. ULLMAN, II, 0000 KEVIN D. ZIOMEK, 0000 0000 0000 HERBERT R. RACE, JR., 0000 DENNIS W. SICKEL, 0000 MONTE L. ULMER, 0000 JOHN M. ZUZICH, 0000 JONATHAN M. HARTIENS, BRIAN F. PRENDERGAST, NICK C. RADNEY, 0000 TODD M. SIDDALL, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- 0000 0000 SALVATORE P. EDWARD A. SIMILA, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED JOSEPH M. HENRIQUEZ, 0000 COLE C. PRIZLER, 0000 RAFANELLO, 0000 DONALD B. SIMMONS, II, STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND WILLIAM E. HENRY, JR., PAUL A. PURDY, JR., 0000 JAMES R. RAIMONDO, 0000 0000 5582: 0000 EVELYN M. QUATTRONE, DAVID C. RAINE, 0000 KEVIN S. SIMOES, 0000 MARIO P. HERRERA, 0000 0000 THOMAS A. RAINVILLE, 0000 DAVID C. SIMS, 0000 To be lieutenant commander LARRY W. HERTER, 0000 MARK K. RAKESTRAW, 0000 TIM RAINWATER, 0000 GREGORY J. SINGERLE, JR., KATHLEEN E. HEWITT, 0000 LINDA I. RAKOSNIK, 0000 BRUCE C. RASCHE, 0000 0000 MARC E. ARENA, 0000 CYNTHIA R. JOYNER, 0000 SHEILA HEWITT, 0000 DALE D. RAMIREZ, 0000 JAMES J. RASMUSSEN, JR., MICHAEL J. SINGLETON, SCOTT A. CURTICE, 0000 RACHEL L. KATZ, 0000 STEPHEN F. HIGUERA, 0000 DEIDRA M. RAMOS, 0000 0000 0000 KENNETH C. EARHART, 0000 STEVEN A. KLOCK, 0000 LAURA J. M. HOBBS, 0000 CHRISTOPHER J. REDDIN, EUGENE R. RATHGEBER, JOHN P. SIPES, JR., 0000 JOHN G. ESAREY, 0000 THOMAS K. LEAK, 0000 DENISE L. HOFFMAN, 0000 0000 0000 JAMES G. SIRES, 0000 PRESTON S. GABLE, 0000 ALISON C. LEFEBVRE, 0000 EMILIE R. HOOK, 0000 DAVID C. REITER, 0000 JAMES D. RAULSTEN, 0000 DAVID M. SLIGER, 0000 TAMARA J. HOOVER, 0000 SCHALK J. LEONARD, 0000 DEREK O. HOOKS, 0000 JOANNA M. REITER, 0000

VerDate Mar 15 2010 21:58 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 9801 E:\1999SENATE\S13SE9.REC S13SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10792 CONGRESSIONAL RECORD — SENATE September 13, 1999

JANELLE A. RHODERICK, CHARLES D. SWIFT, 0000 JOHN E. CARROLL, II, 0000 ELIZABETH M. HAMILTON, BRYAN A. PETTIGREW, 0000 JOHN D. STONER, JR., 0000 0000 DEANNA L. THOMAS, 0000 STEVEN B. CARROLL, 0000 0000 ROBERT R. PHILLIPS, 0000 ANDREA L. STUHLMILLER, JEFFREY P. RICHARD, 0000 CARLA K. THORSON, 0000 YONG K. CHA, 0000 JOHN P. HAMILTON, 0000 KEMAL O. PISKIN, 0000 0000 TIMOTHY R. RICHARDSON, CONNIE L. TODD, 0000 RALPH C. CICCI, JR., 0000 KENT B. HARRISON, 0000 JEFFREY J. POOL, 0000 GRETCHEN M. SWANSON, 0000 TOBEY A. TOLBERT, 0000 CHRISTOPHER F. CIGNA, JEREMY J. HAWKS, 0000 NATHANAEL B. PRICE, 0000 0000 SHAWN A. RICKLEFS, 0000 VALORIE A. TOTH, 0000 0000 STEPHEN C. HAYES, 0000 JAMES G. REESE, JR., 0000 DONALD T. SYLVESTER, GEORGE P. RILEY, 0000 JENNIFER L. TREDWAY, 0000 MARK A. CLARK, 0000 JERRY R. HAYWALD, 0000 VIRGLE D. REEVES, 0000 0000 JOHN ROROS, 0000 JOANNE M. TUIN, 0000 RICHARD A. CLARK, 0000 JOSHUA J. HENRY, 0000 CRAIG A. RETZLAFF, 0000 ROBERT THOMAS, 0000 KEVIN S. ROSENBERG, 0000 JEFFREY F. TULLIS, 0000 LANA M. COLE, 0000 BRETT C. HERSHMAN, 0000 MARK C. RICE, 0000 ERIK M. THORS, 0000 PAUL W. ROUSSEAU, 0000 PATRICK O. TURPIN, 0000 BILLIE D. COLEY, 0000 BRENT A. HOLBECK, 0000 CHRISTOPHER P. RINAUDO, MICHAEL J. TODD, 0000 ROBIN L. ROWEADLER, 0000 SUSAN R. TUSSEY, 0000 DANIEL W. COOK, 0000 JOHNNIE M. HOLMES, 0000 0000 MICHAEL A. TORRES, 0000 BRET A. RUSSELL, 0000 LISA M. UMPHREY, 0000 JON C. CRUZ, 0000 RICARDO F. HUGHES, 0000 TOMMY RODRIGUEZ, 0000 KHIEM Q. TRAN, 0000 REGINALD T. RUSSELL, 0000 JOHN E. URBAN, 0000 DAVID A. CZACHOROWSKI, ALEXANDER K. HUTCHISON, JENNIFER K. RUEGG, 0000 KAREN D. TREANOR, 0000 SCOTT A. RUSSELL, 0000 CHRISTOPHER M. SACCO, ANDREW E. TUTTLE, 0000 JODY A. VANKLEEF, 0000 0000 0000 PHILIP J. RYNN, 0000 0000 BENTON K. VAUGHAN, III, NIEVA K. VANLEER, 0000 EILEEN J. DANDREA, 0000 ROLANDO R. IBANEZ, 0000 LINDA M. SALEH, 0000 JAIME J. SALAZAR, 0000 0000 JOHN F. VANPATTEN, 0000 JOEL D. DAVIS, 0000 DENNIS J. JACKO, 0000 SCOTT A. SAMPLES, 0000 SONDRA M. SANTANA, 0000 AARON J. WAGNER, 0000 JOHN A. VAZZANO, 0000 CONSTANTINO F. TEDDI M. JOHNSON, 0000 JOSE L. SANCHEZ, 0000 MATTHEW I. SAVAGE, 0000 LISA L. WAND, 0000 ESTELA I. VELEZ, 0000 DELACRUZ, 0000 GREGORY S. JONES, 0000 PETER M. SCHEUFELE, 0000 ZOAH SCHENEMAN, 0000 CHRISTOPHER A. WEAVER, WHITNEY E. DELOACH, 0000 WILLIAM L. JONES, 0000 GRACE K. SEABROOK, 0000 CHERRI L. VILHAUER, 0000 KENNETH E. 0000 WILBER C. DELORME, 0000 NICHOLAS S. KAKARAS, 0000 SHERRY J. SEAGRAM, 0000 DAWN M. WAGNER, 0000 SCHEUERMANN, 0000 GEORGE A. WESTLAKE, 0000 KURTT H. WALTON, 0000 WILLIAM F. DENTON, 0000 MICHAEL T. KELLEY, 0000 DAVID E. SEMON, 0000 ROBERT D. KETCHELL, 0000 RICHARD M. SCHMIDT, 0000 DAVID L. WHITLEY, 0000 JAMES L. SHELTON, 0000 CHAD E. WEBSTER, 0000 NAOMI N. DOMINGO, 0000 STEVEN K. SCHULTZ, 0000 ANN WILLIAMS, 0000 TYNAH R. WEST, 0000 PAUL B. DOUGHERTY, 0000 JERRY A. KING, 0000 LATANYA E. SIMMS, 0000 TERESA M. JOEL K. SENSENIG, 0000 DANNY A. WILLIAMS, 0000 WENDY WIESE, 0000 DAVID E. DOYLE, 0000 STEPHEN D. SIMS, 0000 KRONENBERGER, 0000 JOHN O. SIMPSON, 0000 TRA D. WILLIAMS, 0000 BARRY E. WILCOX, II, 0000 FRANK L. DUGIE, 0000 TANYA B. SINCLAIR, 0000 KEVIN A. LANE, 0000 SHEILA A. SMITH, 0000 MICHAEL L. WITHERSPOON, JACK E. WILCOX, 0000 ROBERT H. DURANT, 0000 JOHN P. SMETAK, 0000 JASON R. LEACH, 0000 STEVEN J. STASICK, 0000 0000 FLOYD M. WILLIAMS, JR., JOHN E. EAVES, JR., 0000 CAROL A. SMITH, 0000 GREGORY J. LELAND, 0000 ANDY S. STECZO, 0000 NORMAN B. WOODCOCK, 0000 0000 MELISSA A. FARINO, 0000 CHRISTOPHER R. SMITH, PAUL S. LETENDER, 0000 JAMES J. STEVENS, 0000 SARAH L. WRIGHT, 0000 SHENEKIA D. WILLIAMS, STEFAN C. FARRINGTON, 0000 PAUL A. LOESCHE, 0000 NANCY L. STEWART, 0000 MICHAEL D. YOUNG, 0000 0000 0000 ERIN G. SNOW, 0000 LAVERNE R. LOWRIMORE, DOUGLAS A. PAUL A. FEIKEMA, 0000 To be ensign GEOFFREY W. SPENCER, 0000 WINEGARDNER, 0000 PAUL S. FERMO, 0000 0000 SHELTON L. LYONS, II, 0000 DAVID R. ARNING, 0000 SHIKINA M. JACKSON, 0000 LISA M. WING, 0000 MARK O. STEARNS, 0000 LONNIE L. FIELDS, 0000 DEBORAH L. MABEY, 0000 PATRICK J. FORD, 0000 MICAH D. NEWTON, 0000 THERESA M. WOOD, 0000 MICHAEL J. STEFFEN, 0000 EARL D. FILLMORE, 0000 MICHAEL A. MARSTON, 0000 GARY HULING, 0000 ANTONIO J. SCURLOCK, 0000 REGINALD G. WYCOFF, JR., TODD M. STEIN, 0000 JEAN F. FISAK, 0000 CLYDE D. MARTIN, JR., 0000 MELISSA R. STERNLICHT, 0000 KENNETH L. FLAHERTY, DAVID H. MCALISTER, 0000 f 0000 NICOLAS D.I. YAMODIS, 0000 0000 JAMES E. MCCULLOUGH, II, TIMOTHY D. STONE, 0000 DEBRA L. YNIGUEZ, 0000 CHRISTOPHER G. FOLLIN, 0000 TIFFANY J. STYLES, 0000 LENORA J. YOUNG, 0000 0000 DEIRDRE M. MCGOVERN, CONFIRMATIONS SANDRA M. SUDDUTH, 0000 KIM T. ZABLAN, 0000 PATRICK M. FOSTER, 0000 0000 JOHN D. SULLIVAN, 0000 JANICE E. ZERISHNEK, 0000 KEITH A. FREESE, 0000 CHAD E. MCKENZIE, 0000 Executive nominations confirmed by To be lieutenant (junior grade) RHONDA A. L. GABEL, 0000 KRISTOFER D. MICHAUD, ORLANDO GALLARDO, JR., 0000 the Senate September 13, 1999: CYNTHIA J. ANDRESEN, 0000 ERNESTO B. BARRIGA, 0000 0000 BRIAN T. MUTTY, 0000 THE JUDICIARY REID B. APPLEQUIST, 0000 SUZANNE L. BLANTON, 0000 NATASHA A. GAMMON, 0000 GINO S. NARTE, 0000 CLAUDE W. ARNOLD, JR, DONALD W. BOWKER, 0000 DANIEL G. GARCIA, 0000 CHARLES R. NEU, 0000 MARYANNE TRUMP BARRY, OF NEW JERSEY, TO BE 0000 DONNA N. BRADLEY, 0000 JAYSON L. GARRELS, 0000 DANIEL L. NORTON, 0000 UNITED STATES CIRCUIT JUDGE FOR THE THIRD CIR- STEVEN A. ATTENWEILER, THOMAS R. BROADWAY, MARK R. GARRIGUS, 0000 COLLEEN M. O’NEILL, 0000 CUIT. 0000 JR., 0000 JOHN D. GATES, 0000 KEVIN J. OPPLE, 0000 DAVID N. HURD, OF NEW YORK, TO BE UNITED STATES JOHANNES M. BAILEY, 0000 CHRISTOPHER P. BROWN, WILLIAM P. GILROY, 0000 TROY D. OSTEN, 0000 DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF NEW SAMANTHA D. BALDWIN, 0000 BRADLEE E. GOECKNER, STEVEN J. PARKS, 0000 YORK. 0000 ELIZABETH M. BROWN, 0000 0000 JIMMY F. PATE, JR., 0000 NAOMI REICE BUCHWALD, OF NEW YORK, TO BE UNITED DEETTA L. BARNES, 0000 ROBERT B. BUCHANAN, 0000 LEON M. GUIDRY, 0000 ROBERT D. PEREZ, 0000 STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT MELISSA A. BARNETT, 0000 KELLY M. CANTLEY, 0000 MARY E. GWINN, 0000 JOHN M. PETHEL, 0000 OF NEW YORK.

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