E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, MONDAY, SEPTEMBER 9, 1996 No. 122 House of Representatives

The House met at 12 noon and was PLEDGE OF ALLEGIANCE S. 1972. An act to amend the Older Ameri- called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the cans Act of 1965 to improve the provisions re- pore [Mr. COBLE]. lating to Indians, and for other purposes; gentlewoman from Colorado [Mrs. S. 1970. An act to amend the National Mu- f SCHROEDER] come forward and lead the seum of the American Indian Act to make House in the Pledge of Allegiance. DESIGNATION OF THE SPEAKER improvements in the Act, and for other pur- Mrs. SCHROEDER led the Pledge of PRO TEMPORE poses; and Allegiance as follows: S. Con. Res. 14. Concurrent resolution urg- The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the ing the President to negotiate a new base fore the House the following commu- United States of America, and to the rights agreement with the Government of nication from the Speaker: Republic for which it stands, one nation Panama to permit United States Armed under God, indivisible, with liberty and jus- Forces to remain in Panama beyond Decem- WASHINGTON, DC, tice for all. ber 31, 1999. September 9, 1996. I hereby designate the Honorable HOWARD f The message also announced that COBLE to act as Speaker pro tempore on this MESSAGE FROM THE SENATE pursuant to the provisions of Senate day. Concurrent Resolution 47 (104th Con- NEWT GINGRICH, A message from the Senate by Ms. gress), the Chair, on behalf of the Vice Speaker of the House of Representatives. McDevitt, one of its clerks, announced President, appoints the following Sen- f that the Senate had passed with ators to the Joint Congressional Com- amendments in which the concurrence mittee on Inaugural Ceremonies: The PRAYER of the House is requested, a bill of the Senator from Mississippi [Mr. LOTT]; House of the following title: The Chaplain, Rev. James David the Senator from Virginia [Mr. WAR- H.R. 3666. An act making appropriations Ford, D.D., offered the following pray- NER]; and the Senator from Kentucky er: for the Departments of Veterans Affairs and Housing and Urban Development, and for [Mr. FORD]. We are thankful, O gracious God, for f all the gifts that brighten our days, sundry independent agencies, boards, com- missions, corporations, and offices for the SPECIAL ORDERS that encourage our spirits, and are the fiscal year ending September 30, 1997, and for marks of Your blessings in our daily other purposes. The SPEAKER pro tempore. Under lives. For friends whose loyalty sup- The message also announced that the the Speaker’s announced policy of May ports us and encourages us, for col- Senate insists upon its amendments to 12, 1995, and under a previous order of leagues who help point the way, for the bill (H.R. 3666) ‘‘An act making ap- the House, the following Members will family whose love and concern accepts propriations for the Departments of be recognized for 5 minutes each. us when we walk the road of success or Veterans Affairs and Housing and f know the valley of grief or pain, and Urban Development, and for sundry PRESIDENTIAL CANDIDATE DOLE above all for Your Word that directs us independent agencies, boards, commis- NEEDS TO LEARN A FEW NEW in the way of truth and righteousness sions, corporations, and offices for the TRICKS and peace. May the gratefulness we feel fiscal year ending September 30, 1997, in our hearts, O God, cause us to be and for other purposes,’’ requests a The SPEAKER pro tempore. Under a specially aware of the needs of others conference with the House on the dis- previous order of the House, the gentle- so that we will share with them the agreeing votes of the two Houses there- woman from Colorado [Mrs. SCHROE- blessings of our hearts and the gifts of on, and appoints Mr. BOND, Mr. BURNS, DER] is recognized for 5 minutes. Your creation. This is our earnest Mr. STEVENS, Mr. SHELBY, Mr. BEN- Mrs. SCHROEDER. Mr. Speaker, I prayer. Amen. NETT, Mr. CAMPBELL, Mr. HATFIELD, come to the floor today because this f Ms. MIKULSKI, Mr. LEAHY, Mr. JOHN- weekend reminded me of several STON, Mr. LAUTENBERG, Mr. KERREY, things. First of all, there is an old say- THE JOURNAL and Mr. BYRD, to be the conferees on ing about you cannot teach an old dog The SPEAKER pro tempore. The the part of the Senate. new tricks. Having a very old dog Chair has examined the Journal of the The message also announced that the named Woofie myself, I know that is last day’s proceedings and announces Senate had passed bills and a concur- true. But this weekend we found a new to the House his approval thereof. rent resolution of the following titles saying that also fits. That is, you can- Pursuant to clause 1, rule I, the Jour- in which the concurrence of the House not teach an old Dole new tricks. We nal stands approved. is requested: saw Presidential candidate Dole go out

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H10109 H10110 CONGRESSIONAL RECORD — HOUSE September 9, 1996 and slamdunk family leave. He made families to invest in their community, taken from the Speaker’s table and, all sorts of statements about how fam- invest in their children, and so forth. under the rule, referred as follows: ily leave was antibusiness, and he was Mr. Speaker, I do not know what to S. 1970. An act to amend the National Mu- opposed to it. say except that it shows the very seum of the American Indian Act to make I would like to set the record bright line that is continuing to be improvements in the Act, and for other pur- straight. As one of the authors of fam- drawn in this presidential race. Today poses; to the Committee on House Oversight, ily leave and one who worked 9 years I understand presidential candidate and in addition to the Committee on Re- to get that brought into law, I want to Dole is going to be in St. Petersburg, sources, for a period to be subsequently de- termined by the Speaker, in each case for point out that his criticisms did not FL, talking about these issues. consideration of such provisions as fall with- come to pass. When that bill passed in Eight years ago I went to St. Peters- in the jurisdiction of the committee con- 1993, there was a lot of dissent, and burg, FL, with Dr. Barry Brazelton, the cerned. there were many people very concerned pediatrician from Harvard, with Gary S. 1972. An act to amend the Older Ameri- about it. It obviously had taken 9 years David Goldberg, the producer of ‘‘Fam- cans Act of 1965 to improve the provisions re- to get it signed into law. It had been ily Ties,’’ with his wife, Diana Meehan. lating to Indians, and for other purposes; to vetoed, all sorts of things had hap- We were traveling around with the the Committee on Economic and Edu- pened. cational Opportunities; and Great American Family tour. St. Pe- S. Con. Res. 14. Concurrent resolution urg- So when President Clinton signed it, tersburg was one of the places we lis- ing the President to negotiate a new base there was a commission appointed, a tened to the American people, where rights agreement with the Government of bipartisan commission of Republicans they told us how desperately they Panama to permit United States Armed and Democrats, that studied the appli- wanted a bill like the family leave bill Forces to remain in Panama beyond Decem- cation of the act and came forward that happened. ber 31, 1999; to the Committee on Inter- with this very weighty document on So it is going to be very interesting national Relations. what family medical leave really did in to see what candidate Dole hears in St. f this country. Petersburg today, and whether the peo- BILLS PRESENTED TO THE I certainly hope that Presidential ple who came to his listening events PRESIDENT candidate Dole gets a copy of it. It was are real people, or they are all Mr. THOMAS, from the Committee immediately sent to his colleague, Sen- preselected, prescripted, and it is all on House Oversight, reported that that ator KASSEBAUM, and it was distributed kind of an act. committee did on this day present to all over to Senators and Congressmen But I do think that Americans are the President, for his approval, bills of when it came out. It was a report to very tired of rhetoric about family the House of the following titles: the Congress on family and medical policies, and want real protections for leave, and it came out showing 90 per- their family. We know we cannot roll On September 5, 1996: cent of America’s businesses now sup- back progress, we cannot change it. We H.R. 3754. An act making appropriations for the Legislative Branch for the fiscal year port family leave. Why? are going to have to live in this global Do Members know what they found ending September 30, 1997, and for other pur- economy. Let us hope family leave is poses. out? They found out that when people here to stay, Mr. Dole. I am going to On September 6, 1996: know they can have job-protected leave send him another copy of the book, and H.R. 740. An act to confer jurisdiction on if there is an immediate medical crisis I hope he finds time to read it, so this the United States Court of Federal Claims in their family, or upon the birth or old Dole can get some new tricks. with respect to land claims of Pueblo of adoption of a child, they are a whole Isleta Indian Tribe; f lot more focused at work. They are not H.R. 3269. An act to amend the Impact Aid constantly worried at work about what SPECIAL ORDERS GRANTED program to provide for a hold-harmless with am I going to do, where I am going to respect to amounts of payments relating to By unanimous consent, permission to the Federal acquisition of real property, and turn? They are more focused at work. address the House, following the legis- for other purposes; They are much better employees. lative program and any special orders H.R. 3517. An act making appropriations Now that we have 12 million Amer- heretofore entered, was granted to: for military construction, family housing, ican families that this applies to, I and base realignment and closure for the De- (The following Members (at the re- think they are going to be very trou- partment of Defense for the fiscal year end- quest of Mrs. SCHROEDER) to revise and bled by these weekend statements, be- ing September 30, 1997, and for other pur- extend their remarks and include ex- cause everyone else is talking about— poses; and traneous material:) because it has worked so well, because H.R. 3845. An act making appropriations Mrs. SCHROEDER, for 5 minutes, for the government of the District of Colum- we had these hearings this report today. bia and other activities chargeable in whole talked about, because we went all over Mr. GOSS, for 5 minutes each day, on or in part against the revenues of said Dis- the United States, and our doors were September 10, 11, 12, and 13. trict for the fiscal year ending September 30, opened to anybody who wanted to talk 1997, and for other purposes. about family leave and its application, f f and did it hurt or did it not hurt, we EXTENSION OF REMARKS ADJOURNMENT want to move forward, not roll it back, as Dole wants to do. By unanimous consent, permission to Mrs. SCHROEDER. Mr. Speaker, I It is so easy to talk family values, revise and extend remarks was granted move that the House do now adjourn. but when you get all done, nobody real- to: The motion was agreed to; accord- ly wants to help young families. When (The following Members (at the re- ingly (at 12 o’clock and 10 minutes you have the most pressure on young quest of Mrs. SCHROEDER) and to in- p.m.), under its previous order, the families is in the families where both clude extraneous material:) House adjourned until Tuesday, Sep- members had have, have to be in the Mr. GUTIERREZ. tember 10, 1996, at 12:30 p.m. for morn- workplace, or a single-parent family, Mr. PAYNE of New Jersey. ing hour debates. where clearly they have to be in the Mr. TOWNS. f workplace. When you have these crises Mr. SERRANO. Mr. MENENDEZ in two instances. REPORTS OF COMMITTEES ON appearing, you clearly need this job- PUBLIC BILLS AND RESOLUTIONS protected leave. Mr. DIAZ-BALART. Even with this bill, we are way be- Mrs. CHENOWETH. Under clause 2 of rule XIII, reports of hind what every other Western country Mr. GOODLING. committees were delivered to the Clerk has done. Now the President would like f for printing and reference to the proper to expand the bill a bit by allowing calendar, as follows: people 24 hours off a year to participate SENATE BILLS AND CONCURRENT Mr. YOUNG of Alaska: Committee on in their child’s school, or different RESOLUTION REFERRED Resources. H.R. 2275. A bill to reau- community things. Again, this is un- Bills and a concurrent resolution of thorize and amend the Endangered Spe- paid job-protected leave, but it allows the Senate of the following titles were cies Act of 1973; with an amendment September 9, 1996 CONGRESSIONAL RECORD — HOUSE H10111 (Rept. 104–778, Pt. 1). Referred to the referred to the Committee of the Whole ADDITIONAL SPONSORS Committee of the Whole House on the House on the State of the Union. State of the Union. f Under clause 4 of rule XXII, sponsors Mr. YOUNG of Alaska: Committee on were added to public bills and resolu- Resources. H.R. 2693. A bill to require TIME LIMITATION OF REFERRED tions as follows: BILL the Secretary of Agriculture to make a H.R. 1100: Ms. MCKINNEY. minor adjustment in the exterior Pursuant to clause 5 of rule X the fol- lowing action was taken by the Speak- H.R. 1591: Mr. NADLER and Mr. MILLER of boundary of the Hells Canyon Wilder- California. ness in the States of Oregon and Idaho er: H.R. 2450: Mr. GUNDERSON. to exclude an established Forest Serv- [The following action occurred on September 6, ice road inadvertently included in the 1996] H.R. 2470: Mr. CRANE. wilderness (Rept. 104–779). Referred to H.R. 2740. Referral to the Committee on H.R. 2618: Mr. FARR. the Committee of the Whole House on Commerce extended for a period ending not H.R. 3142:, Mr. DOOLITTLE, Ms. GREENE of the State of the Union. later than September 13, 1996. Utah, Mr. BARRETT of Nebraska, Mr. MAR- DISCHARGE OF COMMITTEE [Submitted September 9, 1996] TINI, Mr. SHADEGG, Ms. ROYBAL-ALLARD, Mr. [The following action occurred on September 6, H.R. 2275. Referral to the Committee on DIXON, Mr. CUMMINGS, Mr. LOBIONDO, and Mr. 1996] Agriculture extended for a period ending not HASTINGS of Washington. later than September 9, 1996. Pursuant to clause 5 of rule X the H.R. 3292: Ms. LOFGREN. f Committee on Banking and Financial H.R. 3355: Mr. ACKERMAN. Services discharged from further con- PUBLIC BILLS AND RESOLUTIONS H.R. 3588: Mr. OBERSTAR. sideration. H.R. 2145 referred to the Under clause 5 of rule X and clause 4 Committee of the Whole House on the H.R. 3796: Ms. SLAUGHTER. of rule XXII, State of the Union. H.R. 3873: Mr. BRYANT of Texas. Ms. WATERS introduced a bill (H.R. 4038) [Submitted September 9, 1996] to approve a previously disapproved amend- H.R. 3917: Ms. SLAUGHTER. Pursuant to clause 5 of rule X the ment to the sentencing guidelines relating to H. Res. 30: Mr. TANNER, Mr. FRAZER, Mr. Committee on Agriculture discharged criminal sentences for cocaine offenses; to LARGENT, Mr. LUCAS, and Ms. MILLENDER- from further consideration. H.R. 2275 the Committee on the Judiciary. MCDONALD. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, MONDAY, SEPTEMBER 9, 1996 No. 122 Senate The Senate met at 10:30 a.m., and was will be no rollcall votes during today’s NATIONAL DEFENSE AUTHORIZA- called to order by the President pro session. TION ACT FOR FISCAL YEAR tempore [Mr. THURMOND]. Also today, following the debate on 1997—CONFERENCE REPORT the conference report, there will be a The PRESIDING OFFICER. Under PRAYER period for morning business with Sen- the previous order, the Senate will now The Chaplain, Dr. Lloyd John ator DASCHLE or his designee in control proceed to the consideration of the Ogilvie, offered the following prayer: of the time from 3:30 to 4:30 and Sen- conference report accompanying H.R. Gracious God, we begin this week ator COVERDELL or his designee in con- 3230, which the clerk will report. with three liberating convictions: You trol of the time from 4:30 to 5:30. The legislative clerk read as follows: are on our side, You are by our side, and You are the source of strength in- On Tuesday, the Senate will debate The committee on conference on the dis- the Defense of Marriage Act beginning agreeing votes of the two Houses on the side. Help us to regain the confidence amendments of the Senate to the bill (H.R. from knowing that You are for us and at 9:30 to 12:30, with a vote occurring on that measure immediately following 3230) to authorize appropriations for fiscal not against us. You have created us to year 1997 for military activities of the De- know and love You and have called us the 2:15 vote on the Department of De- partment of Defense, for military construc- to serve this Nation. You have pro- fense conference report. After those tion and for defense activities of the Depart- grammed us for greatness by Your two consecutive votes, there will be 30 ment of Energy, to prescribe personnel power, so help us place our trust in minutes of debate to be followed by a strengths for such fiscal year for the Armed You, and live fully for You. We thank vote on S. 2056, the employment dis- Forces, and for other purposes, having met, crimination bill. after full and free conference, have agreed to You that You are with us seeking to recommend and do recommend to their re- help us to know and do Your will. Finally, as a reminder, following spective Houses this report, signed by a ma- Guide us in the complicated issues we those votes on Tuesday, the Senate jority of the conferees. consider today. We invite You to take will begin consideration of the Treas- The Senate proceeded to consider the up residence in our minds to give us ury, Postal appropriations bill, with conference report. strength to see things from Your per- additional votes expected on that bill. (The conference report is printed in spective. Grant us courage to give dy- All Senators can expect busy sessions the House proceedings of the RECORD of namic moral leadership to our Nation. this week with rollcall votes possible July 30, 1996.) May Your justice, righteousness, integ- throughout each day and evening as The PRESIDING OFFICER. The time rity, honesty, and truth be the identifi- the Senate completes action on the re- for debate on this conference report able qualities of our leadership. We maining appropriations bills. will be limited to 4 hours equally di- commit all that we have and are to glo- Mr. President, I suggest the absence vided in the usual form, with 1 hour rify You with our work today. In the of a quorum. under the control of the Senator from name of our Lord. Amen. The PRESIDENT pro tempore. The Louisiana. f clerk will call the roll. The Senator from South Carolina. RECOGNITION OF THE ACTING The legislative clerk proceeded to Mr. THURMOND. Mr. President, I am MAJORITY LEADER call the roll. pleased to rise in support of the con- The PRESIDENT pro tempore. The ference agreement on the National De- Mr. THURMOND. Mr. President, I able Senator from Wyoming is recog- fense Authorization Act for fiscal year ask unanimous consent that the order nized. 1997. This agreement continues the for the quorum call be rescinded. f work we began last year to keep the The PRESIDING OFFICER (Mr. Department of Defense on a steady SCHEDULE THOMAS). Without objection, it is so or- course as it heads into the 21st cen- Mr. THOMAS. For the information of dered. tury. The legislation sends a signal all Senators, this morning the Senate that we remain strongly committed to will begin 5 hours of debate on the De- f support our men and women in uniform partment of Defense authorization con- through funding for modernization and ference report. In accordance with the RESERVATION OF LEADER TIME training as well as for quality-of-life unanimous-consent agreement reached programs for our military and their on Friday, the vote on the Department The PRESIDING OFFICER. Under families. of Defense conference report will occur the previous order, leadership time is This year, the Senate chaired the at 2:15 on Tuesday, and therefore there reserved. conference with the House. I am proud

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

S10027

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VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10028 CONGRESSIONAL RECORD — SENATE September 9, 1996 to say that we developed a responsible consent. In order to avoid a confronta- member of the Defense Subcommittee agreement after less than 20 working tion over this issue that would lead to on Appropriations, for their willingness days. This agreement resulted from the a veto of the Defense Authorization to work with us in a spirit of unprece- bipartisan cooperation of House Mem- Act, the conferees agreed that this dented cooperation through our process bers and Senators, Republicans and matter should be considered separately this year. I believe that both of our Democrats, working together on issues from the Defense Authorization Act. committee’s bills have benefitted from affecting our national security. We addressed modernization short- this relationship. During my tenure in the Senate and falls in this bill by including increases With the attacks against Iraq this my nearly 40 years as a member of the for sealift and airlift programs, and ro- week, we are reminded again of the Senate Armed Services Committee, I bust funding for the construction of vital role our military is fulfilling have fought hard to ensure that the se- new warships, such as the Seawolf sub- around the world. Many of the Sen- curity of our Nation is an issue that marine and the Arleigh Burke class de- ators who have expressed concern unifies rather than divides us. The best stroyers. The conference contains a about the funding levels in this bill national security policy is developed number of funding increases to bring have also gone on record in support of and implemented when we act in a bi- advanced technologies to the battle- the President’s recent actions in Iraq partisan spirit. It is my sincere hope field and to support the increasing va- as well as his earlier decision to send that we can make this an even stronger riety of missions our military men and our troops to Bosnia. These deploy- feature of the process we use to craft women are being ordered to carry out ments are costly. They require con- future national security legislation. around the world. We have authorized tinuing investments in weapons mod- The conference report recommends increases for additional JSTARS air- ernization, spare parts support, and an increase of $11.2 billion above the craft, greater numbers of critical night training in order to ensure that our President’s budget request of $254 bil- vision equipment, as well as providing men and women in uniform are well led lion for fiscal year 1997. The funding funds to accelerate the development of and can perform such operations effi- level authorized for the new budget au- the Army’s Comanche helicopter and ciently and with a minimum of risk. As thority is $265.6 billion, which is the nonlethal weapons programs. Senators consider their votes on this same level approved by the full Senate Mr. President, I want again to ex- vital legislation, they should be mind- on July 10. This amount is still $7.4 bil- press my appreciation to my col- ful of our obligation to support the lion below the inflation-adjusted fiscal leagues, especially the subcommittee men and women in our Armed Forces year 1996 level of spending. chairmen and ranking members, for and the need to maintain an adequate To improve the quality of life of our working together to reach this respon- level of funding for these forces that we military personnel and their families, sible conference agreement so expedi- so frequently call upon to go into the conference agreement includes a 3- tiously. I note with sadness that this is harm’s way. percent pay raise for military members the last authorization conference dur- It is my hope that this conference and a 4.6-percent increase in the basic ing which the committee will benefit agreement will receive the resounding allowance for quarters. The conference from the friendship, knowledge, and support of the Senate. The agreement report also includes an increase of wisdom of Senator SAM NUNN, Senator is supported by a bipartisan consensus $850.0 million above the administra- BILL COHEN, and Senator JIM EXON. and represents a responsible and sus- tion’s request for military construction Senator COHEN has been a leader in the tainable approach to national security. funding. Approximately 60 percent of cause of reforming the acquisition It sends the strongest signal to our this increase is dedicated to quality of process and has managed the process of men and women in uniform that we ap- life programs, especially military hous- recapitalizing our Navy’s fleet in a con- preciate their daily sacrifices, and that ing. strained fiscal environment. During his we are committed to supporting their The conference agreement addresses tenure on the committee, Senator families and their mission into the some of the most serious moderniza- EXON has been a dedicated advocate of next century. tion concerns we have identified, while a strong, affordable defense. Mr. President, in closing, I would maintaining a balance between current Senator NUNN has worked tirelessly like to bring to the attention of my and future readiness. to help us put together legislation that colleagues that President Clinton has The agreement provides for an in- reflects the broadest possible bipar- already indicated in his radio address crease of approximately $900 million tisan consensus. I am personally grate- on Saturday that he intends to sign for ballistic missile defense programs. ful to him, and the entire Nation owes this legislation. I believe that this is a This increase will support aggressive him a debt of gratitude for the work he strong reflection of the bipartisan spir- developments for national missile de- has put in on this bill and the many it which has characterized this bill fense, Navy Upper Tier, and the theater other pieces of national security legis- from the very beginning. high-altitude area defense system. lation in which he has played such a With that in mind, I believe all Sen- The conference report does not in- vital role over the years, including the ators should be able to vote for this clude any legislative provision con- landmark Goldwater-Nichols Reorga- bill, and I urge them to do so. cerning theater missile defense demar- nization Act of 1986. EXHIBIT 1 cation. During conference, the Presi- Mr. President, we would not have ARMED SERVICES COMMITTEE MAJORITY STAFF dent’s National Security Adviser in- been able to complete work on this Les Brownlee, Staff Director, Charles S. formed the conferees that the adminis- conference agreement had it not been Abell, Patricia L. Banks, John R. Barnes, tration had already concluded that the for the ceaseless work of our majority Lucia Monica Chavez, Christine Kelley tentatively agreed-upon TMD demarca- and minority staffs. Our two staff di- Cimko, Donald A. Deline, Marie Fabrizio Dickinson, Shawn H. Edwards, Jonathan L. tion agreement constitutes a sub- rectors, Les Brownlee and Arnold stantive change to the ABM Treaty. Etherton, Pamela L. Farrell, Cristina W. Punaro did an outstanding job direct- Fiori, Larry J. Hoag, Melinda M. Given that the Constitution and exist- ing the process and keeping our staffs Koutsoumpas, Lawrence J. Lanzillotta, and ing law require any substantive change focused on responsible outcomes. George W. Lauffer. to the ABM Treaty to be submitted to I ask unanimous consent that a list Paul M. Longsworth, Stephen L. Madey, the Senate for advice and consent, the of the committee staff associated with Jr., J. Reaves McLeod, John H. Miller, Ann conferees agreed that additional legis- this bill be printed in the RECORD at M. Mittermeyer, Bert K. Mizusawa, Joseph lation on this matter is not required. the conclusion of my remarks. G. Pallone, Cindy Pearson, Sharen E. With regard to the ABM Treaty suc- Reaves, Steven C. Saulnier, Cord A. Sterling, The PRESIDING OFFICER (Mr. Eric H. Thoemmes, Roslyne D. Turner, June cession issue, the conference report GRAMS). Without objection, it is so or- Vaughan, Deasy Wagner, and Jennifer L. also does not include any legislative dered. Wallace. provision. The statement of managers (See exhibit 1.) ARMED SERVICES COMMITTEE MINORITY STAFF clearly expresses the view that any Mr. THURMOND. Mr. President, fi- Arnold L. Punaro, Staff Director for the agreement to multilateralize the ABM nally, I want to express my apprecia- Minority, Christine E. Cowart, Richard D. Treaty would constitute a substantive tion to Senator STEVENS and Senator DeBobes, Daniel Ginsberg, Mickie Jan Gor- change requiring Senate advice and INOUYE, the chairman and ranking don, Creighton Greene, Patrick T. Henry,

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10029 William E. Hoehn, Jr., Maurice Hutchinson, his support for a strong and sensible before we left for the August recess. Jennifer Lambert, Peter K. Levine, David S. national security. He has been my Without that leadership, without that Lyles, Michael J. McCord, Frank Norton, Jr., partner time and time again in crucial push, we would not have this bill before Julie K. Rief, Jay Thompson, DeNeige V. matters, and he will be sorely missed. us today. Watson. Senator EXON also has been a leader Again, I thank Senator THURMOND, Mr. THURMOND. Mr. President, I and a champion of moving toward a not only for his work on this bill, but yield the floor. balanced budget in his leadership on for his stalwart leadership on national Mr. NUNN addressed the Chair. the Budget Committee. He will be security issues during the entire time I The PRESIDING OFFICER. The Sen- missed in that area as well. have been in the U.S. Senate. I thank ator from Georgia. Mr. President, this budget that we him most of all for his friendship and Mr. NUNN. Mr. President, I join Sen- have before us increases the Presi- for being a man of integrity and a man ator THURMOND in urging our col- dent’s budget on national security, and who absolutely places the security of leagues to adopt this conference report it does so in a way that is going to our country above partisan interests on H.R. 3230, the National Defense Au- boost the funds for procurement, re- and above parochial interests. I thank thorization Act for fiscal year 1997. I search and development, and, as Sen- him for that. I think our Nation is, in- also join him in commending the staff. ator THURMOND said, quality of life for deed, indebted to him for that kind of Les Brownlee, George Lauffer, and Jon our military forces. I think everyone leadership. I am indebted to him for his Etherton on the majority side have led should keep in mind, even with the personal friendship. a very capable majority staff. Arnold substantial increase over President Punaro, David Lyles, and Andy Effron, I thank our House counterparts, Clinton’s budget, this budget remains a Chairman SPENCE, who was determined now Judge Effron, did the same on our reduction from last year in real terms. side. They have worked together in a to get a bill this year and who exer- When we hear over and over again ‘‘the cised leadership time and time again, splendid fashion. very large increases in the defense This truly is a bipartisan bill. As along with my good friend, Congress- budget,’’ those increases are relative to man RON DELLUMS, who is the ranking Senator THURMOND has said, President the proposals made by the Clinton ad- Clinton has indicated he plans to sign Democrat. They were determined to ministration but do not accurately re- get a bill. They were determined to this bill, and that is a reflection that flect that the trend continues down- the bill is solid for national security. make changes and display flexibility ward in national security. where flexibility was absolutely re- This also reflects the kind of leader- Many of these cuts that have taken ship we saw this year under Senator quired if we were going to see a bill place over the last 8 or 10 years were signed into law. I commend them for THURMOND. He made sure this was a needed and necessary. This drawdown their leadership, as well as all the bill that did reflect not only his strong has been the most successful, in terms concern and continued commitment for House conferees and all of our Senate of personnel policy, we have ever had conferees for their cooperation in a national security, but also a bill that in the U.S. military after a major mis- could be signed into law. bringing this conference to a successful sion or, in this case, the end of the cold conclusion. I also would like to thank, I commend him on his leadership, war. We have been able to maintain the as Senator THURMOND did, the chair- and I thank Senator THURMOND for his quality and the qualifications of the man and ranking members of each of very thoughtful and kind remarks men and women who serve in our mili- about my career in the Senate, particu- our subcommittees. These members tary. This is a very difficult and chal- played such a key role on the Senate larly my involvement in the national lenging task, and none of us should di- security arena. committee in getting this legislation minish the importance of it. If we had passed. I also would like to join Senator not been able to accomplish this suc- Mr. President, this is the last defense THURMOND in being one of those who cessful drawdown, we would be reading authorization conference report of my can testify in the first person about the all sorts of horror stories about readi- Senate career. I want to express my tremendous role that Senator EXON ness and horror stories about our mili- deep appreciation to the staff of the and Senator COHEN have played as tary being demoralized. We are not Armed Services Committee, not only members of this committee. reading those stories because we have this year but over the years that I have Senator COHEN and I have joined in had a very successful drawdown. numerous national security matters I think our committee and our coun- served on the Committee. They have over the years, including the creation terparts in the House deserve some provided tremendous support during of a special forces command, the credit for this. We have come up with this conference and throughout this builddown proposal, and moving away new, innovative ways to ease into this year: Les Brownlee, John Etherton, Ar- from MIRV’d warheads. I can think of transition and to take care of the per- nold Punaro, David S. Lyles, and Andy numerous proposals that he and I joint- sonnel, not only those that were leav- Effron. I mention them again because ly championed. He has been a stalwart ing but those that are staying, and without them this bill would simply of national security. He has made an their families. not be possible. Arnold Punaro and all outstanding record, not only in this I also think the leadership of Dr. of the members of the minority staff area but in others. I certainly share Perry has been outstanding in this re- have continued to provide the out- the very strong statements made by gard, and I believe the leadership of the standing assistance to me and to other Senator THURMOND in terms of praise services has been outstanding. The U.S. members on the Democratic side. This for Senator COHEN. Army, in particular, has been able to support has been their trademark for I also would like to add very loud ap- manage a very, very substantial draw- many years. More importantly, both plause for Senator EXON who has down of forces and reduction in the size Les Brownlee and Arnold Punaro have chaired the Strategic Subcommittee of the Army. The Army has moved the confidence of the entire committee. for a number of years. Every year when forces from parts of the world back They make contributions, as do their I was chairman, Senator EXON chaired home in an unprecedented and very staffs, to the analysis and thinking of the subcommittee. That is not only skillful way. the committee members on both sides. where the controversy was, that is Mr. President, the Senate passed this Mr. President, Senator THURMOND where the money was. bill in early July. Under the leadership has already summarized the major fea- We had one matter after another that of Senator THURMOND, the House and tures of this conference report. I en- had to be handled, both in terms of Senate conferees completed a very dif- dorse those statements he has made, strategic weapons and in terms of over- ficult conference on this large and very but I would emphasize a few others, all arms control concerns. Senator important bill in 4 weeks. I congratu- which I think are very notable provi- EXON has been a stalwart leader. He late Senator THURMOND for his leader- sions in this conference report. has been a person who could find a ship of this conference and the bipar- I am pleased the House conferees light of agreement and mold together a tisan manner in which it was con- agreed to the Nunn-Lugar-Domenici consensus in very difficult cir- ducted. He kept all of us in harness and Defense Against Weapons of Mass De- cumstances. He has been steadfast in told us we had to finish this conference struction Act of 1996, which the Senate

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10030 CONGRESSIONAL RECORD — SENATE September 9, 1996 adopted unanimously, both in this bill This legislation also calls for the cre- making powers under the Constitution. and in the appropriations bill. This leg- ation of a senior level coordinator to The Senate bill reported by the com- islation is a critical step in addressing improve the coordination among Fed- mittee contained similar language, but our Nation’s ability to deal with the eral departments and agencies dealing both provisions were modified on the threats from the proliferation of chem- with the threat of proliferation, and to Senate floor. The administration was ical, biological, radiological, and nu- improve coordination between the Fed- prepared to accept the two provisions clear weapons with special emphasis on eral Government and State and local in the bill that passed the Senate. combating domestic terrorism. I, too, governments and emergency response Again this year, a majority of the thank Senators STEVENS and INOUYE agencies. conferees decided to drop all the provi- for supporting this legislation, both on Mr. President, the threat of attack sions on these two issues, rather than the floor and in conference in the ap- on American cities and towns by ter- accept the bipartisan provisions con- propriations bill. I also thank them for rorists, malcontents, or representa- tained in the Senate bill. This same their splendid leadership in the na- tives of hostile powers using radio- course was followed last year with re- tional security arena. logical, chemical, biological, or nuclear spect to language on national missile This legislation authorizes $201 bil- weapons is one of the most serious na- defenses, with the end result that the lion for the Departments of Health, tional security threats we face today. I Congress provided some $800 million for Human Services, and Energy to address put it right at the top of the list. Too national missile defense for the current the threat of proliferation of weapons many experts have said it is not a ques- fiscal year without any guidance to the of mass destruction. This includes $65 tion of ‘‘if’’ but only of ‘‘when’’ terror- Department of Defense as to how to million for the Defense Department to ists will use chemical, biological—or spend it. conduct a program to train, equip, and even nuclear—weapons in the United Mr. President, I commend the House assist local first responders in dealing States. The legislation in this con- conferees on their willingness to drop with incidents involving nuclear, ference report is a major step forward their language. I have never under- chemical, and biological weapons and and will significantly improve our abil- stood why the language adopted in the related materials. Within this $65 mil- ity at the local level and State level Senate, both last year and this year, lion, $10.5 million is specifically ear- and all over this country to deal with was not acceptable. marked for DOD assistance to the Sec- this threat—a threat which today we After removing all of the bill lan- retary of Health and Human Services are clearly not prepared for. I antici- guage regarding both in forming emergency medical response pate that the National Guard, if they multilateralization and theater missile teams capable of dealing with the con- choose and if the administration moves defense demarcation this year, a ma- sequences of the use of these materials. in that direction, will be able to play a jority of the conferees endorsed the A total of $30 million is authorized major role in this area. statement of managers language on for DOD to provide equipment and as- We have Guard forces in every com- both issues. That, of course, is the sistance to the U.S. Customs Service munity of any real size in America. right of the conferees. This statement and to help train custom services in Every Governor has Guard forces that of managers language was not endorsed the former Soviet Union, the Baltic are available if an emergency comes at by all of the conferees. In fact, some of States, and Eastern Europe in an effort on the State level. A number of these my colleagues on the minority side of to improve our ability to detect and units are trained in the chemical and our committee decided not to sign the interdict these materials before they biological area. I think it is a natural statement of managers accompanying can reach the hands of terrorists in the fit because Guard forces are on the the conference report, in large part be- United States. Of course, a partnership scene and also enjoy a great deal of cause of their disagreement with this between the United States and these confidence by our citizens. I would like statement of managers language. other customs services is absolutely es- to see, as one of the originators of this While I signed the conference report sential for our own security. entire legislation, it move in the direc- and statement of managers because of An additional $27 million is provided tion of the Guard. my overall support for this bill, I want to the Department of Defense and to I am also pleased that the conferees to make clear my concerns with the the Department of Energy for efforts to agreed to the Senate provision giving statement of managers language on research and develop improved detec- the Secretary of Defense discretionary both multilateralization of the ABM tion technologies, which are badly authority to waive some of the existing Treaty and on theater missile defense needed. I will not go into detail, but buy-America limitations for defense demarcation. that was one of the most important procurement. I joined Senator MCCAIN Mr. President, it is unfortunate that lessons learned at the Olympics in At- in sponsoring this provision in com- Congress remains deeply divided on lanta. All elements of our law enforce- mittee and in conference. I commend missile defense issues. We may have a ment need to learn to detect more Senator MCCAIN for his leadership in debate on issues relating to missile de- thoroughly, with a broader area and this respect. fense in the next 2 or 3 weeks before we with more confidence, the presence of a Mr. President, this waiver authority adjourn this session. For one thing, I chemical or biological weapon, if one is is essential if we are to live up to our think a debate would be healthy. I released. This area needs attention in commitments to our allies to work for think this subject needs to be debated. the research field. free and open competition for defense I think it needs more understanding, Finally, this conference report au- procurement. If we do not buy from both in the media and in the main body thorizes additional funding to address them in a fair way, they are not going of the American people, as well as here the threat of proliferation, as we have to buy from us. We enjoy an advantage in the Congress. done in the past, at its source. In addi- on the sale of defense articles. It is a We are in sort of a gridlock in the tion to fully authorizing the adminis- favorable part of our trade balance. DOD’s management of missile defense tration’s request of $327.9 million for This is a very important step for those programs, which is not helpful for pro- the DOD Cooperative Threat Reduction who sell defense equipment to our al- gram execution. In each of the past 2 Program, this legislation authorizes lies. years, the Senate has reached a bipar- $37 million for DOD projects designed Two of the most difficult issues in tisan consensus on missile defense lan- to destroy, dismantle, and improve this conference and in this whole bill, guage that has had overwhelming sup- controls over the former Soviet Mr. President, were the port, only to see this consensus lan- Union’s stockpile of weapons of mass multilateralization of the ABM Treaty guage dropped from the final con- destruction. DOE is being provided $40 and the demarcation between theater ference report. While the Senate seems million for its program in this area. missile defense systems and ABM sys- to be able to develop, at least under I must commend our colleague, Sen- tems. pressure when required, a consensus, ator DOMENICI, for his outstanding The House bill contained provisions the House and Senate have not been leadership in developing, imple- on each of these issues which the ad- able to see eye to eye on this issue. menting, following through, and pro- ministration vigorously opposed as in- Mr. President, another difficult issue viding the funding for this legislation. fringements on the President’s treaty- in this conference was whether to allow

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10031 increased privatization of depot-level sion that would have required the man- been a deep and unwavering commit- maintenance currently performed by datory separation of HIV-positive serv- ment to the national security of the Government employees at DOD facili- ice members who have less than 15 United States and particularly to the ties. The Senate bill contained a series years of service. Under the House pro- welfare of the men and women who so of provisions concerning DOD depot- vision, these individuals would have capably and bravely serve us. This level maintenance of equipment. had to be separated within 2 months of service is not without sacrifice Mr. President, I do not want to take their having been determined to be HIV throughout this country and the world. too much time discussing this issue. I positive. The people in uniform are remarkable. have a few more minutes, but if Sen- The Senate bill contained a provision This commitment has been completely ator THURMOND has anything he would that would have required the Secretary bipartisan, and I am proud of the fact like to say at this point or wants to in- of Defense to prescribe uniform regula- that over the years, with a few excep- terrupt me at any point, I welcome tions concerning the retention of serv- tions here and there, we have managed that. ice members who cannot be deployed to conduct our business with a min- Mr. President, the House bill basi- worldwide for medical reasons. These imum of partisanship. cally supported the so-called 60/40 rule regulations would have not only ap- It has been a real privilege for me in current law, which requires that at plied to members affected by HIV but and a great honor to serve on the com- least 60 percent of DOD’s depot-level by all other diseases that may affect mittee under the leadership of some of maintenance be performed in Govern- the ability for these personnel to be de- the giants of the U.S. Senate. Of ment facilities. The statute, however, ployed. course, my predecessor, Richard Rus- has been interpreted by the Air Force Under this provision, the policies sell, was an outstanding chairman of to exclude contractor logistics support governing the retention of service this committee and the Appropriations from the definition of depot-level members who are nondeployable be- Committee for many years. I followed maintenance. While you have a 60/40 re- cause of medical conditions like asth- his career before I came to the U.S. quirement in law, interpretation by the ma, cancer, diabetes, and heart disease Senate. My great uncle, Carl Vinson, Air Force excludes contractor logistics would be the same as those policies chaired the Naval Affairs Committee support from the definition of depot governing the retention of service and then the House Armed Services level maintenance. Therefore, under members determined to be Committee for many years during his current law, the Government could nondeployable because of their being 50 years of service in the House of Rep- move away from the depots simply by HIV positive. resentatives. I have been deeply hon- reclassifying it as contractor logistics Mr. President, I will not go into de- ored to serve with the giants, who have support. tail today, but the House provision The Senate bill would have changed chaired and been ranking members of would have imposed a very severe hard- the Armed Services Committee. I am the 60/40 formula, giving the adminis- ship on people found to have HIV and tration and DOD more flexibility, so not going to try to name every one to their families. These are people who that I have served with because they that 50 percent of DOD’s depot-level have gotten into this situation through maintenance would be performed in have all been friends and colleagues. no fault of their own. It would have However, I have to list Senator John Government depots, while the balance been very unfair. There are very few could be performed in the private sec- Stennis, a giant in the U.S. Senate; people in this category. We can state Senator Barry Goldwater, my partner tor. At the same time, the Senate bill that the conferees dropped the House would have created a common defini- in numerous legislative undertakings, provision, and the report includes no as Senator THURMOND has said, particu- tion of depot maintenance for all the changes to current law. I think that is military services that would have in- larly in the legislation known as the the right result. Goldwater-Nichols legislation; Senator cluded all depot maintenance, includ- Mr. President, President Clinton in- John Tower, a colleague and very ing contractor logistics support. dicated over the weekend that he strong chairman of the Armed Services The Senate bill would also have pro- would sign this bill, so this is the last Committee; and, of course, now, my hibited privatization of the depot defense authorization bill that I will colleague and friend, Senator STROM maintenance work at Kelly and have the privilege of voting on during THURMOND, who has been a great chair- McClellan Air Force Bases unless there my Senate career. I am glad about man and ranking member when he was was a competition open to all public that. I did not want the bill to be ve- in the minority of the Armed Services and private sector competitors. We on toed, and I did not want an encore Committee. I must add that Senator the Senate side certainly are not op- here. I am delighted we were able to THURMOND was a pillar of strength in posed to Kelly and McClellan com- finish this conference. peting. We felt there should be a com- This will be the last Defense author- his own service in the U.S. military. He petition, not simply an assignment. ization bill that I will have the privi- was a stalwart leader during World War After vigorous discussions in con- lege of voting on and working on. I II. All of us who went to Normandy ference, the conferees determined that joined the Armed Services Committee were able to recount that history and there were too many issues in dispute when I came to the Senate in 1973. It understand the remarkable role Sen- to permit development of a long-term was one of the real reasons I ran for ator THURMOND played there. Again, we solution to this question at this time. the Senate. I wanted to be on the are impressed and indebted to him for The House was insistent on sticking Armed Services Committee, and I his service. with the 60/40 rule, but it did not have wanted to be involved in international I have to mention Senator ‘‘Scoop’’ the definitions which I think are im- security. I had it in my heart and Jackson, a man I admired deeply before portant. As a result, the conferees mind. Being able to work with the men I came to the U.S. Senate. I felt a great dropped all the relevant provisions in and women who serve our Nation on privilege in knowing and working with both bills relating to depot mainte- the Armed Services Committee has him, both in military and national se- nance and decided to retain current been one of the true highlights of my curity, foreign policy matters, as well law. I believe this outcome is unfortu- entire life and my Senate career. It has as on the Permanent Subcommittee on nate. The issues have been the subject been the highlight of my tenure here in Investigations. I was his vice chair- of a lot of debate and discussion in re- the Senate. man, and while he was engaging in his cent years. I think the Senate provi- Every year that I have been in the run for Presidency in 1976, I was the sions were a good, long-term com- Senate this committee has brought a acting chairman under his direction of promise that would have provided Defense authorization bill to the floor, that investigative subcommittee. I flexibility to put in place clear defini- and every year it has been signed into must mention Senator JOHN WARNER, tions and a well-defined policy that law. Occasionally, we had to have a bill who has been my partner on many dif- would have given greater predictability vetoed first, but we have always man- ferent ventures involving military for- and stability for both DOD depots and aged to enact an authorization bill. I eign policy matters. He served as a private-sector interests. hope that will continue. ranking minority member of the com- Turning to the area of personnel pol- Mr. President, the hallmark of the mittee during my chairmanship. He icy, the House bill contained a provi- Armed Services Committee has always has been a pillar of support for the men

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10032 CONGRESSIONAL RECORD — SENATE September 9, 1996 and women in uniform and for our na- tary have stalwart champions of our for our committee day in and day out. tional security. I have thoroughly en- national security policy and the qual- I thank Jan Gordon, Jennifer Lambert, joyed my association with him. I have ity of life for the people who serve our Danny Ginsberg, Jay Thompson for learned a tremendous amount from all Nation so well. their hard work. Maurice Hutchinson of these Senators. Mr. President, in closing, the Armed and DeNeige (Denny) Watson, who have I remember Senator Dewey Bartlett, Services Committee has been fortunate come out temporarily, Maurice from now departed, Republican from Okla- to have the service of some extraor- the Department of Defense and Denny homa. Senator Bartlett and I went to dinarily talented and dedicated staff from the executive branch, to help me NATO in the mid-1970’s and worked to- members during my service on the personally and our entire committee in gether on a NATO report which we committee—staff directors and the analyzing key developments in Asia think had some effect on strengthening staff who serve under them. I wish I and the former Soviet Union. Maurice our overall NATO positions. He was a could name everyone who served so was involved in Asia and Denny with very close friend of mine. He died a few well on this committee as a member of the former Soviet Union. years ago. Certainly, the recent book the staff. They all know of my deep ad- Mr. President, I would like to have a that has come out on Senator Bartlett miration for them, and they all know chance to thank everybody who I have is on my ‘‘must read’’ file. He was a that I relied on them every day that I served with on staff. I will not name wonderful Senator. I remember him have been in a leadership position on them all today. Generally speaking, with great fondness. this committee. without any doubt, we could not pre- Then there are Senators COHEN and We have had staff directors like Ed pare any bill, let alone a bill of this LEVIN. I have already mentioned Sen- Braswell, Frank Sullivan, Rhett Daw- size, without their help. They do the ator COHEN and the remarkable role he son, Jim Roche, Jim McGovern, Carl hard work under a great deal of pres- played in all the things we have under- Smith, Pat Tucker, Dick Reynard, Les sure and with impossible deadlines. taken together. Senator LEVIN, Sen- Brownlee, and, of course, Arnold They stay up all night many times. ator EXON, and I have worked together Punaro, who has been my right arm on The taxpayers of this Nation are well- as partners on many, many, different national security issues for over 20 served. All of them are underpaid, in matters. Senator LEVIN will be the years. Arnold and Les both have had terms of not only the hours they work, chairman of this committee if the outstanding military careers and have but in terms of what they could earn if Democrats are in control next year and accorded themselves with great valor they were out in the private sector. will be the ranking Democrat if the Re- on the field of battle. They, like our men and women in uni- publicans retain control. In either role, Mr. President, these staff directors form, make sacrifices for our national I am confident that he will continue and those who serve with them are security. I think that should be said. his diligence and his dedication to the truly the unsung heroes of our Amer- Finally, Mr. President, I thank the men and women in our military and to ican military forces. I will continue to Democratic floor staff. I will not try to our Nation’s security. be indebted to them. name all of them. They are absolutely Senator BINGAMAN has been a cham- I am indebted to the current minor- remarkable people. We take them for pion and our real leader in technology ity staff committee, who worked so granted because they are so good. The issues. I have thoroughly enjoyed hard on this bill and on countless other floor staff here on the Democratic working with him as well as every issues. In addition to Arnold Punaro, side—and I am sure the same is true on member of the committee. Senator Andy Effron, and David Lyles. David, the Republican side—are terrific. We BYRD as majority-minority leader, a who is on the floor today, left the com- appreciate their help in every step we member of this committee, and a lead- mittee for a while and has come back. take to get our bills and legislation er in the Appropriations Committee I hope he will be on the committee through. has been one of my most greatest staff for a long time to come. In closing, this is a good conference friends and has helped me every step of Andy Effron left the committee last report. I congratulate Senator THUR- the way in everything I have under- month to take a position on the bench MOND, all of our staff, members of the taken on this committee and in the of the U.S. Court of Appeals for the committee, and the conferees. Again, I Senate. Armed Forces. Nobody will do a better thank Senator THURMOND for his lead- I will not try to name all the people, job as a judge affecting our military ership. This legislation will improve but Senator KENNEDY has done a great forces than Andy Effron, and we all our national security, and that is what job in his work. Senator GLENN and I know that. we are all about. I thank the Chair. have been great friends and have Rick DeBobes is an outstanding law- Mr. FORD addressed the Chair. worked together on many different yer and Navy captain who worked with The PRESIDING OFFICER. Who matters, including the deployment of Admiral Crowe. He has been my right yields time? our forces in Korea and helping to con- arm on numerous foreign policy issues Mr. FORD. Will Senator NUNN yield vince President Carter to change his and is always available to the majority me a few minutes? mind on withdrawal of the forces from leader and minority leader in working Mr. NUNN. Yes. Korea in a critical time. out difficult foreign policy matters on The PRESIDING OFFICER. The Sen- Senator MCCAIN is certainly not only behalf of this committee. ator from Kentucky is recognized. a war hero but also a leader for na- I thank Creighton Greene, P.T. Mr. FORD. Mr. President, we’re here tional security. Senator COATS and Henry, and Bill Hoehn, who has been today to vote on the conference report Senator KEMPTHORNE are newer mem- with me a long time. Creighton and to the fiscal year 1997 Defense author- bers of the committee, but they both P.T. have all done a tremendous job. ization bill. But before I begin my re- have done remarkable jobs. Senator Bill Hoehn has made remarkable con- marks on this legislation I want to SMITH and others are going to be in- tributions to national security at the take a moment to commend my good creasingly heard from on the Armed Rand Corp., as a DOD official in the friend and colleague, the senior Sen- Services Committee in the years Reagan administration, and on our ator from Georgia, SAM NUNN. ahead. committee. Mike McCord is a genius Today, the Senate will see the last I leave with a great sense of feeling with budget numbers and has been our Defense conference report handled by that the Armed Services Committee is mainstay in so much of the analysis my colleague, and I’m sure I’m not the going to be in strong hands on both that is critical for our committee. only one who is already feeling the tre- sides of the aisle in the years ahead. I Frank Norton has done a wonderful mendous loss. will follow these issues with a great job on military construction. Julie Rief Both as chairman of the Senate deal of interest in the future. I am sure is a true professional on construction Armed Services Committee and its that I will continue to be involved in and family housing issues. Chris ranking member, Senator NUNN gained one way or another in national secu- Cowart, who runs the committee and a reputation for working with members rity issues. I leave the Senate with a tolerates Arnold Punaro. Chris can on both sides of the aisle. His ability to great feeling of confidence that the hear him all across the Capitol, wher- forge compromises in the best interest men and women who serve in the mili- ever he is, and she has done so much of the Nation has made Senator NUNN

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10033 not only a skilled legislator, but also a work at Louisville and Indianapolis is far The legislation will apply only to Trans- true leader. greater than the cost of privatization. The ferred Employees of the Department of De- In addition to thanking the com- retention of the Federal employees at these fense. A Transferred Employee is one whose mittee, the chairman, and the ranking facilities is essential to the private con- job is privatized pursuant to a decision of the tractor. BRAC Commission. This indexed, deferred member, I also want to give special Background: The 1995 BRAC Commission annuity will be available only to individuals thanks to Senator COATS for his tire- directed privatization of two Navy facilities participating in CSRS, and not to those par- less effort to preserve our language to with a large Federal workforce—the Naval ticipating in FERS. The legislation will assist the Navy’s privatization efforts Surface Warfare Center, Louisville, Ken- apply to only those CSRS employees who are at the Louisville Naval Ordnance Sta- tucky, and the Naval Surface Warfare Cen- ineligible to retire and who accept work with tion and the Indianapolis Naval Sur- ter, Indianapolis, Indiana (the 1993 Commis- the private contractor. face Warfare Center. sion directed the Air Force to privatize New- Reasons for legislation: I want to turn now to the 1997 fiscal ark Air Force Base in Ohio). At this time there are no administrative These Federal employees are different remedies. year Defense authorization bill’s con- from other employees adversely affected by Treats employees equitably and thus sta- ference report. I was very pleased to downsizing—the key difference is that these bilizes the workforce for privatization. see the conferees retained my funding employees are not being separated because Is acceptable to contractors. for the Urban Combat Training Center their services are no longer needed or be- Is easy to administer. at Ft Knox, along with my language to cause the work they accomplished is redun- Understandable; makes sense. protect the pensions of certain employ- dant or unnecessary. Under the BRAC ‘‘Close Mr. FORD. Mr. President, I’m also ees affected by the BRAC privatization and Move’’ scenario these employees would very pleased that conferees kept my effort and on impact aid. However, I’m have been eligible to continue their Federal amendment on impact aid in the final employment (and qualify for an annuity) at bill. Since the Truman administration, very disappointed that the conferees another Federal installation. These employ- dropped my language on the chemical ees are expected to continue accomplishing the Federal Government has acknowl- demilitarization program. the same mission as before, but they will be edged its responsibility in assisting While the final bill language is a working as private sector employees. school districts educate federally con- compromise from the legislation Sen- Most Federal employees hired before 1984 nected children through the Impact ators COATS, LUGAR, HUTCHISON, and I currently participate in the CSRS; those Aid Program. introduced a few months ago, it accom- workers hired after 1984 participate in the In 1994, Congress made a change to plishes our goal of providing a deferred Federal Employees Retirement System this program and said that if a school annuity for those Department of De- (FERS). FERS is different than CSRS be- district which provides an education to cause it is a portable plan in that it allows fense employees targeted for privatiza- a Federal employee to move between Federal children whose parents are civilian and tion as directed by the Base Closure and non-Federal employment. In doing so, work on Federal property does not en- Commission and who consequently, the accrual of Federal benefits is not signifi- roll 2,000 of these students and this will lose their benefits under the Civil cantly penalized. does not impact a school district by 15 Service Retirement System. However, employees under CSRS have no percent then the school district would This 2-year pilot program: Requires portability because it is a single component not be able to count these children for the GAO to evaluate and report to Con- defined benefit plan. Therefore, when CSRS payment. gress on the successes or failures of the covered workers are forced to separate from With this change, we drew a line in Federal employment before they are eligible program; leaves the Secretaries of the for an immediate annuity, their retirement the sand which was arbitrary and un- military services the discretion of im- benefits lost considerable value. Employees fair. We ignored the fact that a school plementing a program; and indexes a who lose their Federal position and withdraw district may be heavily impacted, but deferred annuity. their retirement contribution early forfeit may not enroll 2,000 of these students In their report on the Senate Defense all benefits from the Federal government in it school district. The end result was authorization bill, CBO estimates that and thereby are not eligible for a pension. that our rural school districts were pe- the civilian retirement annuities, sec- Employees with the most experience tend nalized unfairly because of their size. tion 1121, proposal would reduce spend- to be covered under CSRS. These are the em- But, these students have as much of an ployees the contractor taking over the work ing by $362 million by the year 2003. at a government facility considers to be very impact on smaller school districts as Mr. President, I ask unanimous con- valuable. For example, 46% of the employees they do on any of the larger school dis- sent to have printed in the RECORD an at the Louisville Naval Surface Warfare Cen- tricts. outline of what this provision does and ter are covered by CSRS and are not eligible I am pleased to see that the provision why it was needed. for retirement. Many of these employees, I offered lowering this threshold to There being no objection, the mate- who are highly skilled, are seeking to trans- 1,000 students or 10 percent impact, has rial was ordered to be printed in the fer to other Federal positions. Some are even been retained. This has been a difficult RECORD, as follows: accepting lower paid positions within DOD, change to make, and I’m pleased and so that they may maintain their CSRS re- BRAC PRIVATIZATION: THE CSRS ISSUE tirement benefits. As a result, there is little thankful for the support this amend- Issue: The Base Realignment and Closure incentive for CSRS employees to accept posi- ment has received from my colleagues, (BRAC) Commission has recommended the tions with the private contractor. Therefore, especially Senator WARNER and other privatization of certain military facilities. the privatization of Federal facilities could members of the Senate Armed Services For privatization to succeed, the mainte- fail at a significant cost to the Government Committee. We can all be proud that nance of an experienced workforce is crit- and the U.S. taxpayers. ical. Retirement benefits have become recog- we corrected an error that would have nized as a major impediment to the privat- LEGISLATIVE REMEDY caused school districts in 42 States un- ization of the Louisville and Indianapolis To rectify the CSRS issue, the legislation just hardships. Navy facilities and other Department of De- proposes to index a deferred annuity for DOD Despite being very pleased to see the fense (DOD) facilities. CSRS Employees. It would be a pilot pro- Coats-Ford pension changes and my In the absence of legislation to protect gram for two years with a requirement that impact aid language included in the their retirement benefits, many employees the GAO report to Congress its evaluation on final bill, I’m very disappointed the the success or problems with the program. It will—and are—transferring to other Federal conferees dropped language Senator positions to maintain and protect their re- is discretionary with the Secretary of the tirement benefits under the Civil Service military service to implement a program and BROWN and I had included on chemical Retiement System (CSRS). the Service would have to pay into CSRS the weapons demilitarization. If a large number of key employees trans- annual pay raises for the indexed annuity Maybe we ought to treat this con- fer within the government rather than work (this is similar to what Congress established ference report like a crime scene. Let’s for a private sector contractor, privatization for the postal employees). The legislation dust for fingerprints and see just who savings to the the government may not be would address the issue of CSRS employees it was who ripped the Ford-Brown lan- fully realized. The Department of the Navy receiving a retirement benefit by: guage out. While we’re at it let’s find estimates that privatization of Louisville Indexing the average pay on which the an- out what their motives could have pos- and Indianapolis would provide up to $390 nuity is computed, and allowing a Federal million in ‘‘cost avoidance’’ to the govern- deferred annuity to be paid to specific CSRS sibly been. ment. employees at the individual’s optional re- For those who decided to play be- Unlike other Base closings, the cost to the tirement age, and the employees must forego hind-the-scenes politics with this dead- Federal government to close and move the their Federal severance pay. ly issue let me remind you that it only

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10034 CONGRESSIONAL RECORD — SENATE September 9, 1996 takes one drop of a nerve agent like Secretary of Defense authority not to the-scenes to kill our provision remem- sarin to kill a person. A major release conduct a pilot program based upon a bered that they ultimately answer to would kill 1 in 10 people within a 40- paper assessment. Those responsible the American people, not to the Na- mile radius according to some projec- for this are fooling themselves if they tional Research Council or those run- tions. think I’m the only one who will recog- ning the Army chemical demilitariza- Their decision seems even more im- nize what a sham this language makes tion show. prudent with the news of a nerve gas of our efforts and our constituents’ While the conference report isn’t leak in Utah. I find it amazing that the concerns. amendable, I haven’t given up on this Army remains as hard as a bull’s head I wonder if you’ve considered the and will be doing everything I can to on this issue despite having to literally whole transportation issue? Did you re- reverse this grave policy error. shut down operations in Utah almost alize that we have to transport neu- EXHIBIT 1 as soon as they started because of a tralized chemical agent and residual THE WHITE HOUSE, leak. With all their big talk about ad- materials to a central facility for in- Washington, DC, July 17, 1996. vanced technology, it took just one cineration? What will you tell the site Hon. WENDELL H. FORD, leaky gasket to close up shop. that becomes the dumping ground for U.S. Senate, Washington, DC. That’s why the Ford-Brown language all other sites? That’s a real possibility DEAR WENDELL: I am pleased that we were had the support of the President, who since the language doesn’t limit ship- able to reach an agreement on the Ford- Brown chemical weapons demilitarization expressed his satisfaction that an ment of neutralized chemical agent amendment to the Defense Authorization agreement had been reached on such a and residual material to the chemical Act that the Senate adopted on June 26 dur- critical issue. I ask unanimous consent demilitarization sites. Thanks to this ing debate on S. 1745. The National Academy that the letter dated July 17 from the new conference language, any State of Sciences (NAS) concluded in its 1994 study President be printed in the RECORD im- that has a permit to burn hazardous that the continued storage of these obsolete mediately following my remarks. waste may be a potential shipment and dangerous weapons poses severe environ- The PRESIDING OFFICER. Without point. mental and safety problems for workers and objection, it is so ordered. Mr. President, this language puts the communities. I am dedicated to ensuring (See exhibit 1.) alternative program under the current that these weapons are destroyed as quickly and safely as possible. Mr. FORD. In his letter, President chemical demilitarization manage- I am also committed to going the extra Clinton wrote: ment—exactly opposite from the Ford- mile to explore whether there may be safer . . . I realize that technology is changing Brown amendment. Their justification and more environmentally sound alter- rapidly and that it is our responsibility to for doing this is that ‘‘the conferees are natives to the Army’s baseline incineration explore all alternative means of destruc- concerned that a divided program system, even though the 1994 NAS study con- tion.... under separate managers would result cluded that the baseline system has been He continues: in duplication of effort and increased demonstrated as a safe and effective disposal process for the stockpile. I continue to be- . . . As we go forward with our program to costs and would jeopardize safety.’’ The Ford-Brown language resolved lieve that a well-designed incineration sys- dispose of these dangerous weapons, we will tem can be a safe and environmentally ac- not pass on an opportunity simultaneously many of the problems that have ceptable means of destroying these weapons to look for alternatives to incineration. I brought us to this point today. Not and that any potential decrease in disposal urge the House-Senate Conference to act fa- only would it have set out a 3-year risks through alternative approaches must vorably on this amendment... deadline for completion, but our lan- be balanced against the increased risk of But today the American public is see- guage stipulated that no funds were to storage by delaying destruction. Still, I real- ing what can happen when policy is be expended for the purchase of long ize that technology is changing rapidly and made behind closed doors. I can only lead materials that are incineration that it is our responsibility to explore all al- hope that those responsible for this ir- specific. It also gave the Secretary of ternative means of destruction. My Adminis- responsible action simply didn’t under- tration will work very hard to ensure that Defense latitude to appoint the best in- all Americans have a safe and healthy envi- stand the impact of leaving us with dividual for the program, even if this ronment. As we go forward with our program language that is much, much weaker. person came from another agency. By to dispose of these dangerous weapons, we If that’s the case let me tell you as making the Secretary accountable, we will not pass on an opportunity simulta- clearly as I can that your actions es- could have ensured the pilot program neously to look for alternatives to inciner- sentially leave us emptyhanded. wasn’t compromised. ation. Because of this indiscretion we won’t Our amendment would have allowed I urge the House-Senate Conference Com- have a chance to discover if there’s an the Department of Defense to transfer mittee to act favorably on this amendment. alternative to the baseline incineration I am asking the Secretary of Defense to funds to other parties within the Fed- work with the Congress to ensure that this program. Instead, the conferees have eral Government to ensure that this pilot project receives the highest priority in chosen to spend $12 billion on a pro- project would be completed in an effi- the Chemical Demilitarization Program. I gram which the affected citizens cient and timely manner and again, so commend you for seeking alternative solu- haven’t accepted—and with good rea- that there would be an independent re- tions to this very difficult problem. son—as a safe method of destroying view and analysis of alternative tech- Sincerely, chemical weapons. nologies. It also required account- BILL. Recent reports of the nerve gas leak ability with a report to be filed with Mr. BYRD. Mr. President, the con- in Utah further underscore just how Congress each year on the progress of ference on the Fiscal Year 1997 Depart- much is at stake. As Craig Williams, a the program. ment of Defense Authorization bill has spokesman for the Chemical Weapons So whether you’re talking about ac- been concluded. In many respects, the Working Group put it, ‘‘This program countability or effectiveness, this con- bill has been improved in conference is 12 years behind schedule and 700 per- ference report language flat out fails over both the House- and Senate-passed cent over budget. They are desperately the affected communities. In fact, it bi- versions. Policy provisions have been trying to keep it afloat.’’ ases the program in such a way that no dropped that might have led us into I’m outraged that back room deals in one in the effected communities will needless conflict with Russia and that the Senate have not only made us a si- believe anything that comes out of the might have jeopardized strategic arms lent partner in the Army’s efforts, but Army Chemical Demilitarization Pro- reductions which make the whole will essentially lock in the baseline in- gram. world safer. I commend the conferees, cineration program. This was done de- We already know that lawsuits have under the able leadership of Senator spite a letter from the President sup- and will be filed in other States who THURMOND and Senator NUNN, for these porting the Ford-Brown language and are opposed to the baseline inciner- changes. I would note also that this is despite the overwhelming evidence ation program. This situation could be Senator NUNN’s last defense con- that safer alternatives exist. avoided if the conferees had stayed ference. I congratulate him on the self- This change causes delays of at least with the Ford-Brown language. And less and dedicated service he has given a year in the commencement of an al- more important, it could have been to the Senate Armed Services Com- ternative pilot program and gives the avoided if those people working behind- mittee, to the Senate, to the people of

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10035 Georgia, and to the Nation. I shall miss are the choices we make when we add mittee on Armed Services for several his thoughtful analysis and cogent ar- money to defense. The pot is only so years now, not only because of its im- guments of security threats facing this big; the more that gets ladled into the portance in strike warfare but also be- nation. defense bowl, the less there remains to cause of the Department of Defense’s Although action was taken on the dole out to defense against illiteracy, checkered record of providing substan- floor to bring the bill into line with the unsafe conditions, and disease. tial programs and clear direction in Budget Resolution, at $265.6 billion, it There is much talk of readiness, of this area. In fact, I believe it was when is still $11 billion over the administra- funds being needed to prepare for mili- Senator NUNN chaired the committee tion’s request of $254.3 billion. It is tary contingencies. That is what some in 1992, that the committee urged the hard to imagine that $254.3 billion is of these added funds are meant to ad- Defense Department to merge elec- not sufficient to maintain our nation’s dress. But, while we are willing to pre- tronic warfare programs to provide a military forces, but it was adjudged to pare for and to wage war, we must also more cost-effective, and indeed, a more be too little to maintain our defense be prepared to pay the wages of war. I effective EW capability. establishment. offered an amendment to provide $10 Mr. NUNN. Mr. President, I thank I earlier expressed my hope that the million for independent scientific re- the Chairman for bringing up this amount might be reduced in con- search into the possible link between issue. It is true that the committee ference, but it has not been. As I have chemical warfare agent exposure and proposed to merge the Air Force’s and stated previously, I did not vote for the the Gulf War syndrome being suffered the Navy’s requirements into one elec- Budget Resolution because I did not by large numbers of Gulf War veterans. tronic warfare aircraft program that agree with the choice made to add My amendment would also have pro- could be pursued aggressively, but the funds to defense while cutting other vided health care for the children of Department of Defense responded that critical non-defense domestic discre- these veterans who have birth defects it needed two separate robustly funded tionary accounts. The Fiscal Year 1997 or catastrophic illnesses that may be jamming aircraft programs. Now it has defense authorization and appropria- related to their parents’ wartime expo- one program that limps along without tions bills hew to the path that was set sures. the benefit of any real capability up- forth in the Budget Resolution. I can- I am glad that the conferees agreed grades. not blame the managers of these bills to designate the funds from within the Mr. THURMOND. Mr. President, I for playing the card they were dealt, $9 billion Defense Health Program for agree with Senator NUNN and believe and spending the money in the most ef- this research. It has been five years this year’s bill is designed to move for- fective manner possible, but I cannot since the Gulf War, and no such re- ward with this very important pro- follow the same path. Regretfully, for I search has been conducted, despite vet- gram. Section 123 of the Conference Re- believe the conference has improved its erans’ concerns that this exposure may port contains a prohibition on the obli- content, I must vote against this bill. be at the root of their illnesses and at gation of funds for modifications or up- A strong defense is all well and good, the root of their childrens’ tragic con- grades for EA–6B aircraft until funds Mr. President, but other things are ditions. A recent Department of De- have been obligated for a reactive also important. A nation’s strength is fense admission that chemical weapons jammer program, a report has been re- measured not only in military were among Iraqi ammunition stores ceived, and 30 days have elapsed from strength, but in the strength of its in- that were blown up over U.S. troops the date of the receipt of the report. frastructure, its economy, and its peo- have reignited concerns about chem- Specifically, section 123(a) prohibits ple. I think we need a better balance ical warfare agent exposure. I am glad the obligation of funds for modifica- between our spending on defense and that this research may now be con- tions to EA–6B aircraft until a certifi- our spending on other programs. Re- ducted, and I hope that the Depart- cation that some or all of such funds cent events in Atlanta and the tragic ment of Defense will move quickly to have been obligated for a reactive and unexplained loss of TWA flight 800 get the research started. jammer program for EA–6B aircraft. have raised fears of terrorism to new In the interim, I had hoped that the Only research and development funds levels, and have added priority as well conferees would agree with my pro- have been authorized and appropriated as funding to anti-terrorism and posal to provide health care for the af- for the reactive jammer program and, counterproliferation efforts. Americans fected children. Their situations are as I understand it, the funds mentioned have prepared themselves for the in- truly tragic, and are financially dev- in this section refer to those research convenience and drag on productivity astating to their families. I asked that and development funds for initiation of that greater security measures will im- these children, the likely victims of an a reactive jammer program. Does the pose. But what about the loss of life increasingly toxic battlefield, be given Senator from Georgia interpret the and loss of productivity created by the the benefit of the doubt until scientific section as I do? imbalance in funding between defense research establishes evidence of a link Mr. NUNN. Mr. President, I agree and non-defense discretionary pro- between their parents’ exposure and with the Senator from South Caro- grams that has been accentuated by their conditions. Sadly, the conferees lina’s interpretation. The mention of the congressional budget process? How were not prepared to be that compas- ‘‘some or all of such funds’’ does indeed high does the illiteracy rate have to sionate. Out of a $265.6 billion defense refer to research and development climb before we stop cutting funds for budget, not $30 million could be found funds, not to procurement funds. The education, teachers, and books? How to provide for these children while ap- intent of the conference is that the many airline crashes must occur before propriate scientific research is con- prohibition is on the obligation of pro- the FAA gets funds for more inspec- ducted. Instead, the Secretary of De- curement funds until some or all of the tors? When will we add funds for pro- fense and the Secretary of Veterans Af- research and development funds are ob- grams to keep aircraft and passengers fairs have been directed to develop a ligated for a reactive jammer program. safe, rather than add funds for far- plan to provide care only after these Mr. THURMOND. Mr. President, fetched and technologically risky plans birth defects and catastrophic illnesses thank you for providing me the oppor- to stop incoming ballistic missiles? have been proven to a reasonable sci- tunity to clarify this section of the This conference agreed to add $350 mil- entific certainty to be linked to their conference report. lion to the administration’s already parents’ wartime exposures. I urgently SECTION 3154 OF H.R. 3230, DEFENSE generous request of $508.4 million for hope that the research moves fast AUTHORIZATION BILL national missile defense. enough to convince my colleagues be- Mr. THOMAS. Mr. President, I am How many children must die from fore these children and their families pleased the conference report contains contaminated hamburgers before we pay too high a wage for their participa- section 3154, which requires the Depart- find more funds for food inspectors? tion in our Nation’s wars. ment of Energy [DOE] to carry out a How many sick people must die before EA–6B REACTIVE JAMMER PROGRAM study to determine the extent and the Food and Drug Administration gets Mr. THURMOND. Mr. President, air- valuation of natural resource damages more funds to speed the review of new borne electronic warfare has been an at DOE sites. I authored this provision medicines and other treatments? These item of special interest for the Com- as chairman of the Senate Energy

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10036 CONGRESSIONAL RECORD — SENATE September 9, 1996 Committee’s Subcommittee on Over- CABLE TELEVISION PROVISION is correct in his interpretation of the sight. Frankly, I was shocked to find Mr. SMITH. I would like to engage language in the bill regarding the that the Department had not yet done the chairman and ranking member of transfer of design data between the two their own study of this potentially the Senate Armed Services Committee shipyards. It was the intent of the con- huge future liability, and that is why I on section 833 of the conference bill, re- ferees to reaffirm last year’s require- introduced this amendment. lating to cable television franchise ment requiring the transfer of design It is vital that the Department of En- agreements on military bases. That data regarding the new attack sub- ergy obtain comprehensive and accu- section implements an advisory opin- marine to Newport News Shipbuilding. rate information regarding the extent ion of the U.S. Court of Federal Claims, It was not the intent of the conferees and valuation of natural resource dam- which found that cable television fran- to change the terms of the memo- ages at DOE sites. This is especially chise agreements on military bases are randum of agreement. Further, it was important if we are to make realistic contracts subject to the Federal Acqui- the intent of the conferees that the ap- budget assumptions today and set real- sition Regulation [FAR]. propriate US Navy official resolve dif- istic budget goals for the future. Unfor- As chairman of the Acquisition and ferences of opinion about what infor- tunately, there has not been a reliable Technology Subcommittee, I believe mation is required to be transferred study done on this issue to date. that when negotiating the settlement under the MOA. Mr. KENNEDY. Mr. President, may I During the course of Superfund hear- ordered by section 833(3), the parties should give due consideration to the say that I fully agree with the distin- ings held in the Environment and Pub- guished chairman of the Seapower Sub- lic Works Committee, significant ques- fair compensation of cable operators terminated for the convenience of the committee on this point. tions have been raised about the De- Mr. WARNER. Mr. President, I agree Government in accordance with part 49 partment of Energy’s liability for nat- with my colleagues interpretation of of the FAR. Factors to be considered ural resource damages at their Super- this important subsection of the con- may include, to the extent provided in fund sites. Department officials first ference report. the FAR, interest on capital expendi- estimated liability in the hundreds of Mr. LIEBERMAN. Mr. President, tures, settlement preparation costs, billions of dollars. Since that time, thank you for providing me the oppor- and other expenses reasonably incurred GAO has looked at the situation, as has tunity to clarify this most important by such operators in connection with CEQ. However, the CEQ and GAO esti- section of the conference report. constructing their cable systems or ob- mates are quite different. GAO esti- NUNN-LUGAR-DOMENICI DEFENSE AGAINST taining fair compensation. mates a high range of $15 billion while WEAPONS OF MASS DESTRUCTION Mr. THURMOND. I agree with the CEQ says the high range is $500 mil- Mr. NUNN. Mr. President, after a statement of the Senator from New lion. The disparity between these two truly heroic effort by both members Hampshire. studies is troubling, as is the fact that and staff, before the recess we com- Mr. NUNN. I also agree with the DOE has never done their own study. pleted action on a conference agree- statement of the Senator from New ment on the fiscal year 1997 Defense This amendment directs DOE to con- Hampshire. duct their own study, to use realistic authorization bill. I hope this agree- SUBMARINE LANGUAGE assumptions about liability based on ment will be voted on by the Senate Mr. LIEBERMAN. Mr. President, in the real world experience private par- soon. I wanted to take a few moments section 121 of the conference report I ties have already had, and to report to to highlight one provision in that bill read that funds in this bill are: the Congress 90 days after enactment. which relates specifically to a recent This real world experience is the meth- * * *available for contracts with Electric tragic incident that has hit all of us in ods in the current natural resource Boat Division and Newport News Ship- our hearts and homes. The incident to building to carry out the provisions of the which I refer is the terrorist pipe bomb damages assessment regulations, and ‘‘Memorandum of Agreement among the De- should be consistent with the position partment of the Navy, Electric Boat Cor- that went off in Centennial Park—the asserted by public trustees in suits poration (EB) and Newport News Ship- heart of the Olympic celebration in At- against private parties and with the building and Drydock Company (NNS) con- lanta—in July, which killed 1, caused position supported by the administra- cerning the New Attack Submarine’’ dated the death of another, and injured over tion pertaining to damages against pri- April 5, 1996, relating to design data transfer, 100 people. vate parties. While I would be happy to design improvements, integrated process But, Mr. President, at this point in work with DOE to ensure they have teams, and update design base. history, we have to ask ourselves, enough time to do a credible job, it is Further, in the bill, under subsection ‘‘What if?’’ What if this hadn’t been a important that they complete their (g) Design Responsibility, I read, crude pipe bomb? What if the indi- work before we move to reauthorize The Secretary shall ensure that both ship- vidual who planted this terrorist device the Superfund program next year and builders have full and open access to all de- had used information readily available before next year’s appropriations cycle. sign data concerning the design of the sub- on the Internet and materials readily marine previously designated by the Navy as and legally available to concoct a Finally, I want to emphasize that the the New Attack Submarine. chemical weapon? Or, worse, suppose intent of this section is purely for over- Mr. President, reading a portion of he had concocted a biological weapon? sight functions. This section in no way the aforementioned memorandum of The answer seems too terrible to con- should be interpreted as a reflection of agreement, a copy of which I am sub- sider, but consider it we must. And support for the current operation of mitting for the record, NNS is to ‘‘be that is precisely why Senator LUGAR, the natural resource damages provi- provided design deliverable informa- Senator DOMENICI, and I cosponsored sions of CERCLA. I in no way endorse tion in a manner and scope that is gen- the Defense Against Weapons of Mass the methodologies used by public trust- erally consistent with that provided in Destruction Act, an amendment— ees under the current natural resource the latest submarine program adopted by a unanimous vote in the damages regulations. I simply believe (SeaWolf). Design data transfer will be Senate—to the Defense authorization that if private parties face these regu- conducted in the most cost effective bill that addresses this very threat. I lations today, and if the Department of manner to support construction of fol- am pleased to say that our colleagues Energy is the single largest potentially low-on ships at NNS.’’ My interpreta- in the House of Representatives also responsible party in the country, then tion of subsection (g)(1) of section 121 is accepted this amendment in the con- we ought to use the same standard in that this subsection does not require ference report virtually as it passed the estimating DOE liability at these sites. the transfer of any design data between Senate. I look forward to receiving this study the shipyards which are not required Mr. President, the Defense Against and to possible future hearings on this by the memorandum of agreement. Am Weapons of Mass Destruction Program, issue. I correct in my interpretation of the now title XIV of the Defense authoriza- Mr. President, I want to thank Chair- intent of the conferees? tion bill, provides $201 million—$144 man THURMOND and Senator NUNN for Mr. COHEN. Mr. President, I would million to the Department of Defense their help on this matter. say that the Senator from Connecticut and $57 million to the Department of

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10037 Energy—to address the threat of pro- tional interest today is to prevent, local emergency responders would deal liferation of weapons of mass destruc- deter, and reduce the threat of nuclear, with a nuclear, radiological, chemical, tion. biological, and chemical weapons at- or biological attack. DOD is being given $65 million to tacks on the United States. The report In one large exercise, the first 100 or conduct a program to train, equip, and also identified preventing the loss of so emergency response personnel—po- assist local first responders in dealing control of nuclear weapons and nuclear lice, firemen, medical personnel—arriv- with incidents involving nuclear, weapons-usable materials, and the con- ing at the scene of a mock chemical chemical, and biological weapons and tainment of biological and chemical weapon disaster rushed headlong into related materials; $10.5 million of this weapons proliferation as one of five the emergency scene, and were prompt- funding is specifically earmarked for cardinal challenges for the next U.S. ly declared ‘‘dead’’ by the referees. DOD assistance to the Secretary of President. In a second exercise featuring both Health and Human Services in forming The Permanent Subcommittee on In- chemical and biological weapons, con- emergency medical response teams ca- vestigations of the Governmental Af- taminated casualties brought to the pable of dealing with these materials. fairs Committee held a series of hear- nearest hospital were handled so care- DOD is also being given $30 million ings over the last year on the prolifera- lessly by hospital personnel that, with- both to provide equipment and assist- tion of weapons of mass destruction, at in hours, most of the hospital staff ance to the United States Customs which representatives of the intel- were judged to have been killed or in- Service and to help train customs serv- ligence and law enforcement commu- capacitated by spreading contamina- ices in the former Soviet Union, the nities, the Defense Department, private tion. Baltic States, and Eastern Europe in industry, State and local governments, In addition, a report recently for- an effort to improve our ability to de- academia, and foreign officials de- warded by the Secretaries of Defense tect and interdict these materials be- scribed a threat that we cannot ignore, and Energy to Congress on our pre- fore they reach the hands of terrorists but for which we are virtually totally paredness for a nuclear, radiological, in the United States. An additional $27 unprepared. chemical, or biological terrorist attack million is provided to DOD and DOE for CIA Director John Deutch, for one, noted that, ‘‘response personnel are research and development of improved candidly observed ‘‘We’ve been lucky relatively few in number and pieces of detection technologies, which are so far.’’ equipment necessary to provide ade- badly needed. And, in fact, we have already re- quate support to an NBC event are in Finally, DOD and DOE are provided ceived at least three loud warning some cases one of a kind.’’ additional funding to address the bells. First was the release of deadly I still remain fully convinced that threat of proliferation at its source. In sarin gas in the Tokyo subway system. the best way to prevent the use of addition to being fully funded at the Second was the truck bomb which went these terrible weapons and materials administration’s request of $327.9 mil- off in the garage of the World Trade on American soil is by stopping them lion, DOD’s Cooperative Threat Reduc- Center in New York City—a bomb that before they get here. For this reason, tion Program is being provided $37 mil- the trial judge believed the killers in- this legislation provides additional re- lion for projects designed to destroy, tended to be a chemical weapon which, sources and impetus for enhancing our dismantle, and improve controls over had it deployed as intended, would ability here at home to detect and the former Soviet Union’s stockpiles of have killed thousands. Third was the interdict nuclear, chemical, and bio- weapons of mass destruction. DOE is bombing of the Alfred P. Murrah Fed- logical weapons and related materials being provided $40 million for its pro- eral Building in Oklahoma City. The before they get into the hands of ter- grams in this area. pipe bomb in July in Atlanta serves as rorists or malcontents. The provision also calls for the cre- yet another warning that we must im- An extensive study by Arnaud de ation of a senior level coordinator to prove our preparedness for terrorist at- Borchgrave, Judge William Webster, improve the Federal Government’s ef- tacks in this country. former Director of the FBI and CIA, forts in dealing with the threat of pro- Mr. President, this legislation will Congressman BILL McCOLLUM, and oth- liferation and to coordinate Federal, significantly improve our ability to ers, published earlier this year by the State, and local plans and training. deal with this threat—an ability which respected Center for Strategic & Inter- Some $2 million is provided for the co- today is clearly not up to the chal- national Studies [CSIS], concluded ordinator to use in focusing research lenge. We have heard testimony in re- that ‘‘there are few opportunities for efforts on improved planning, coordina- cent months at hearings held by the detecting, interdicting, and neutral- tion, and training efforts. Permanent Subcommittee on Inves- izing these materials once they are be- Mr. President, the threat of attack tigations that speaks clearly to the re- yond the source site.***Attention on American cities and towns by ter- markable lack of domestic prepared- and resources must be directed toward rorists, malcontents, or representa- ness for an incident involving nuclear, post-theft measures as well.’’ tives of hostile powers using radio- radiological, chemical, or biological Mr. President, the single best way to logical, chemical, biological, or nuclear materials. deal with this threat is by preventing weapons is one of the most serious na- Fire chiefs said that they cannot proliferation at its source, as far away tional security threats we face today. plan on Federal emergency assistance from the United States as possible. This threat is very different than the to help in an emergency of this nature That is why this legislation also bol- threat of nuclear annihilation with as it is simply too long in coming. sters the original concept introduced which our Nation and the world dealt Local emergency first-responders— by Senator LUGAR and myself in 1991, during the cold war. policemen, firemen, medical techni- which aims at helping the states of the During the cold war both we and the cians—grimly said over and over again former Soviet Union to improve their Soviet Union recognized that either that they were incapable of dealing safeguards and controls over existing side could destroy the other within an with a chemical or, especially, biologi- stockpiles of deadly materials. hour, but only at the price of its own cal weapon or incident. The CSIS de Borchgrave-Webster destruction. By providing funding and a mandate study also found that: I have heard too many experts, whose for DOD and DOE to share their experi- The most serious national security threat opinions and credentials I respect, tell ence, expertise, and equipment dealing facing the United States, its allies, and its me that it is not a question of if but with nuclear, radiological, chemical, interests is the theft of nuclear weapons or only of when terrorists will use chem- and biological weapons and materials, weapons-usable materials from the former Soviet Union. The consequences of such a ical or biological—or even nuclear— we can address critical shortfalls in our theft—measured in terms of politics, eco- weapons in the United States. domestic preparedness that have been nomics, diplomacy, military response, and In July, the Commission on Amer- specifically and repeatedly noted in public health and safety—would be cata- ica’s National Interests, cochaired by congressional testimony and docu- strophic. Andrew Goodpaster, Robert Ellsworth, mentation. de Borchgrave himself stated at a and Rita Hauser, released a study that Several modest exercises have been press conference that: ‘‘We have con- concluded that the No. 1 vital U.S. na- held to test how Federal, State, and cluded that we’re faced now with as big

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10038 CONGRESSIONAL RECORD — SENATE September 9, 1996 a threat as any we faced during the emphasize that even with this increase cations, and to make defense programs cold war, when the balance of terror the total level of Defense spending re- more affordable. For instance, the bill kept the peace for almost half a cen- mains $7.4 billion below last year’s provides $40 million to fund the Marine tury.’’ level when adjusted for inflation. We Corps’ Sea Dragon experiments to de- Finally, Mr. President, this legisla- are in the 12th straight year of decline velop new operational concepts that le- tion attempts to improve the overall in Defense spending. verage technology and innovation; au- coordination of how we deal with the For the benefit of my colleagues, I thorizes $20 million for a joint services broad threat to our Nation posed by want to briefly summarize some of the research and development program for the proliferation of weapons of mass highlights of this conference bill. The nonlethal weapons and technologies; destruction. bill before us includes a 3 percent pay provides $85 million for the dual use ap- There are currently dozens of govern- raise and a 4.6 percent increase in the plications program; authorizes $61 mil- ment agencies that deal with the var- basic allowance for quarters for our lion for the manufacturing technology ious aspects of this threat, with over- Armed Forces. programs of the Army, Navy and Air lapping authorities and programs, but It directs the Secretaries of Defense Force; provides an increase of $12 mil- with serious gaps. and Health and Human Services to pre- lion to continue the procurement tech- Testimony provided in the Perma- pare and implement a demonstration nical assistance program; and includes nent Subcommittee on Investigations program enabling Medicare-eligible a provision to streamline the Defense revealed that coordination between beneficiaries to enroll in the Tricare, Department’s requirements for assess- Federal agencies is seriously lacking, the DOD health care program. ing the capabilities of the national de- and that there is virtually no effective The bill approves $10 million in addi- fense technology and industrial bases, coordination or communication be- tional research funding to examine the including cases of unacceptable reli- tween the Federal Government and relationship between service of our ance on foreign sources. State and local agencies and organiza- men and women in the Gulf war and Mr. President, these are but a few of tions. This appears to be changing, at the incidence of congenital birth de- the many critically important initia- least in the case of the Olympic games fects and illnesses among their chil- tives contained in this bill. I would em- in Atlanta. dren. phasize that these initiatives address I visited Atlanta during the Olympics It also includes $201 million to carry the priorities established by the service and received a briefing by a group of out the Defense Against Weapons of chiefs and will directly enhance our na- representatives from various Federal Mass Destruction Act which addresses tional security. agencies that were working together to the Nation’s ability to deal with I also want to emphasize that each of provide security for the Olympic threatened or actual use of nuclear, the issues that President Clinton’s ad- games. I strongly commend their joint chemical, or biological weapons visors indicated may trigger a Presi- efforts, but, this must become the pat- against American cities. dential veto have been resolved to the tern all over the country. We must The bill provides $40 million to com- satisfaction of the administration. build from this experience, improve in plete development and testing of the Thus, this bill enjoys strong bipartisan areas where we have weaknesses, and Patriot Anti-Cruise Missile Upgrade support and the indications are that make this kind of interagency coopera- Program. the President will sign it. tive effort the norm. It authorizes $32 million for reactive Again, I want to thank the distin- Mr. President, I believe this legisla- jamming upgrades to the Navy’s fleet guished chairman and ranking member tion, while only a beginning, responds of EA–6B electronic warfare aircraft. for their outstanding work in formu- to a very urgent national security con- It includes a $24.5 million increase for lating a conference bill that enhances cern of our Nation. I commend all of night vision goggles and $9.1 million national security and reflects the vast the Defense authorization conferees for for infra-red aiming lights. majority of the Senate’s priorities for their swift actions in approving the in- It also directs that the Navy conduct defense. They have rendered an invalu- clusion of the Nunn-Lugar-Domenici a competitive evaluation of the ATD– able service to the Nation, and I am Defense Against Weapons of Mass De- 111 and Magic Lantern Lidar systems proud to support this important legis- struction Act in the conference agree- to determine which system to acquire lation. ment, and I look forward to the Presi- under the Airborne Laser Mine Detec- Mr. President, I urge the adoption of dent signing this legislation into law. tion Program. the conference report, and I yield the Mr. SMITH. Mr. President, I rise in It provides an increase of $914 million floor. strong support of the conference report for the Ballistic Missile Defense Orga- CHEMICAL WEAPONS DEMILITARIZATION on the fiscal year 1997 Defense author- nization, and $134 million specifically Mr. MCCONNELL. Mr. President, this ization bill. I want to take this oppor- for the space and missile tracking sys- morning, I listened to my colleague tunity to commend the distinguished tem. from Kentucky with great interest as chairman of the Armed Services Com- Last, it approves an increase of he expressed our mutual concern about mittee, Senator THURMOND, for putting roughly $300 million for conventional the action taken by the conferees on together an outstanding bill. Senator delivery enhancements for the B–1 and the chemical demilitarization program. THURMOND worked tirelessly to con- B–2 bombers. I share his disappointment that lan- clude the conference quickly and effi- Additionally, Mr. President, I would guage which would have guaranteed an ciently, and the product is a bill that like to briefly summarize some of the alternative technology program so we can all be proud of. initiatives contained under the acquisi- clearly in the interests of our constitu- I also want to pay tribute to the tion and technology section of this bill. ents was deleted in conference. ranking member, Senator NUNN. Sen- As chairman of the Subcommittee on Let me review for a moment how we ator NUNN has served on the Armed Acquisition and Technology, I have ended up in this situation and how I Services Committee with distinction been troubled by the failure of the ad- hope we can correct course. Several for 23 years. Throughout that time, he ministration to adequately invest in months ago, staff representing all of has been steadfast in his support for a long-term technology development. the Members who have chemical de- strong, capable, and highly prepared Modernization is the key to long-term militarization facilities met in Senator military. This will be Senator NUNN’s readiness, and without effective invest- FORD’S office to review the status of final Defense authorization bill, and I ment in the technology base, we will be demilitarization at each site. At the want to take this opportunity to thank unable to preserve the technological time, Senator FORD offered a proposal Senator NUNN for his outstanding work edge that we enjoy today. which required the Department of En- on behalf of the men and women of our The bill before us includes a number ergy, in conjunction with the Army of- Armed Forces. of important initiatives to support ef- fice which currently manages the in- Mr. President, the bill before us in- forts of the services to develop ad- cineration program, to develop alter- cludes a much-needed increase of $11.2 vanced operational concepts and tech- natives to incineration. Although I billion from the President’s budget re- nologies, to increase the use of com- strongly supported the idea of alter- quest for national defense. I want to mercial technologies for defense appli- native technologies, the Department of

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10039 Energy had no demonstrated experi- appointment about the outcome. I also sible, and without cleanup, further site ence with chemical weapons. Given the agree with his assessment that the sub- decommissioning can not occur. danger involves with this aging stock- stitute language is in fact worse than The goal of this bill is simple: To de- pile, appointing an agency which, in ef- the status quo in that it postpones seri- liver on Congress’ longstanding com- fect, would have to undergo on-the-job ous consideration of alternative tech- mitment to open WIPP by 1998. training did not seem a safe or suitable nologies and gives the managers of the This bill amends the Waste Isolation option. current incineration program both the Land Pilot Plant Land Withdrawal Act As Senator FORD mentioned, both the responsibility for studying alternative of 1992 in several very significant ways. Congress and the communities affected options as well as the right to veto any It deletes obsolete language in the by these facilities have had serious new ideas. 1992 act. Of particular importance is problems with the Army office respon- I have discussed Senator FORD’S and the reference and requirements for test sible for the baseline program. They my concerns with both the chairman of phase activities. Since the enactment have been adamantly opposed to con- the Armed Services Committee and the of the 1992 act, the Department of En- sidering any credible alternatives to chairman of the Appropriations Sub- ergy [DOE] has abandoned the test incineration. This led me to the con- committee on Defense. Since the De- phase that called for underground test- clusion that assigning them any role fense Subcommittee will begin con- ing in favor of above-ground laboratory for an alternative program was coun- ference tomorrow, it is my hope that test programs. Thus the test phase no terproductive so I found I was also un- we can reach a favorable solution to longer exists as defined in the 1992 law able to support this provision in Sen- this unfortunate turn of events. and needs to be removed so it does not ator FORD’S draft bill. I am grateful to the sound guidance I complicate the ongoing WIPP process. Being uncertain about two of the key have received from Senator STEVENS Most important, this amendment will provisions in Senator FORD’S proposal I and Senator INOUYE. Both have exten- streamline the process, remove dupli- decided to pursue my concerns through sive experience and a thorough under- cative regulations, save taxpayers dol- the Defense Appropriations Sub- standing of the complexities of this lars—currently, the costs of simply committee. Unlike the Armed Services issue and both I and my constituents watching over WIPP exceed $20 million Committee, the Appropriations Com- will look to their leadership and count per month. mittee has an unusual number of Mem- on their continued good advice. This bill does not remove EPA as the bers with chemical weapons sites in Mr. CRAIG. Mr. President, title DOE regulator of the WIPP. DOE has their States. In addition to the distin- XXXI, subtitle F of the 1997 Defense stated numerous times that it does not guished chairman of the Committee, Authorization Act is an amendment I want to self-regulate. The Department Senator HATFIELD and the ranking sponsored in the Senate to clear up believes that having EPA as the regu- member on the Defense Subcommittee, several unnecessary and delaying bu- lator will instill additional public con- Senator INOUYE, Senators BENNETT, reaucratic requirements that currently fidence in the certification process and NIGHTHORSE CAMPBELL, SHELBY, BUMP- exist in the Waste Isolation Pilot Plant the facility itself, once it opens. ERS and MIKULSKI each have an instal- Land Withdrawal Act—Public Law 102– I am skeptical regarding EPA. EPA lation of grave concern to their con- 579–WIPP. This title will allow the has a poor record of meeting deadlines. stituents. As a result, Senator STEVENS WIPP facility to open, meet a major The WIPP, as a facility, is ready to op- was very responsive to our common in- environmental objective, and save the erate now and is basically waiting on terest in holding a hearing to consider taxpayer money. EPA’s final approval. The schedule the status of the Army’s incineration The purpose of the WIPP is to pro- DOE has established to meet the open- program as well as the viability of al- vide for the safe disposal of transuranic ing dates is an aggressive timetable. It ternatives. [TRU] radioactive and mixed wastes re- is successful only if EPA can accom- In discussion following the June 4 sulting from defense activities and pro- plish its tasks on time. I strongly en- hearing, Senator STEVENS agreed to in- grams of the United States. These ma- courage them to do so. clude a provisions in the chairman’s terials are currently stored at tem- Idaho and the Nation need to have draft of the Defense appropriations bill porary facilities, and until WIPP is the WIPP opened sooner rather than which addressed my concerns. The lan- opened, little can be done to clean up later. Each day of delay is costly (near- guage which passed the Senate and is and close these temporary storage ly $1 million per day in taxpayers’ dol- now in conference, provides $40 million sites. lars), and the potential dangers to the for the initiation of a pilot program to Idaho currently stores the largest environment and human health result- identify and demonstrate not less than amount of TRU waste of any State in ing from the temporary storage of this two alternative technologies to the the union, but Idaho is not alone. waste continue. baseline incineration process. The Washington, Colorado, South Carolina, It is time to act. We must, if we are Under Secretary of Defense for Acquisi- and New Mexico also store TRU waste. to clean up sites such as the Idaho Na- tion and Technology is directed to as- The agreement recently negotiated tional Engineering Laboratory. We sign a program officer to pursue this between the State of Idaho, the DOE must act to dispose of this nuclear effort. The report language which ac- and the U.S. Navy states that the TRU waste permanently and safely for fu- companied the bill explicitly stated. currently located in Idaho will begin to ture generations. The passage of this Under no circumstances shall the Under be shipped to WIPP by April 30, 1999. Defense authorization bill clears the Secretary appoint a program executive offi- This legislation will assure this com- way for that to happen. cer who is, or has ever been, in direct or indi- mitment is fulfilled by clearly stating Ms. SNOWE. Mr. President, I wish to rect control of the baseline reverse assembly that it is the intent of Congress that express my strong support for the fis- incineration process. the Secretary of Energy will complete cal year 1997 Defense authorization Finally, the bill prohibits the obliga- all actions needed to commence em- conference report. The conferees have tion of funds to initiate construction in placement of TRU waste at WIPP no done an admirable job of crafting a Kentucky or Colorado until 180 days later than November 30, 1997. The open- well-balanced bill that will ensure our after the Under Secretary has reported ing of the WIPP will solve a nagging national defense needs are met in the back on the pilot program. and ongoing problem at the INEL— coming fiscal year. It is my understanding that the what to do with this nuclear waste that At $265.6 billion for fiscal year 1997, amendment that Senator FORD offered has accumulated over the years at the the conference report is $11.2 billion which was accepted on a voice vote just Idaho site. above the President’s budget request. before final passage of the Defense Au- We cannot solve the environmental Much of the additional funds will go to- thorization bill has been modified so problems at sites such as the Idaho Na- ward much-needed weapons moderniza- that it was compatible with the lan- tional Engineering Laboratory, Rocky tion, with $6 billion more for procure- guage already included in the Defense Flats Weapons Facility, Savannah ment and $3 billion more for research appropriations bill. This final version River and others without WIPP. The and development. Despite the increase of Senator FORD’S proposal was clearly reason is obvious. Without a place to over the budget request, however, the on the right track and I share his dis- dispose of the waste, cleanup is impos- bill is actually $7.4 billion below the

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10040 CONGRESSIONAL RECORD — SENATE September 9, 1996 fiscal year 1996 spending level for De- world is still a dangerous place and and women in uniform—improving fense in real terms. The conference re- that maintaining a high level of mili- readiness, their quality of life, and port authorizes a responsible level of tary preparedness must continue to be their need to modernize weapons sys- defense spending given the threats to a national priority. tems in order to keep pace with rapid our national security which exist in The fiscal year 1997 Defense author- technological changes. As recent the post-cold war era. ization conference report will maintain events have demonstrated, our mili- The conference report preserves our the strength of our national defense tary must be ready and capable of re- readiness to respond quickly to mili- forces for the coming year. I urge that sponding to myriad, uncertain threats. tary emergencies like the one precip- it be adopted. We must be willing to provide our mili- itated within the past 2 weeks by Sad- Mr. COATS. Mr. President, I com- tary with the funding they need today, dam Hussein in Iraq. It emphasizes mend the fine leadership of Chairman and tomorrow, to prepare for these un- modernization and new weapons pro- STROM THURMOND of South Carolina foreseen contingencies. I urge the final curement in an effort to begin turning and Senator SAM NUNN of Georgia. To- passage of the Defense authorization around the steep 71 percent decline in gether, they worked to achieve strong conference bill for 1997. funding for military procurement over bipartisan support of this year’s De- AMENDMENT TO PROHIBIT CRIMINAL BOMB- the last 10 years. It also continues cru- fense authorization bill. MAKING INSTRUCTION cial research and development of prom- The conference bill before us provides Mrs. FEINSTEIN. Mr. President, I ising new defense technologies. These for an $11.2 billion increase to the rise to express my great concern and programs include the design of an ef- President’s Defense budget request. disappointment with the conferees fective ballistic missile defense system, The increase, when adjusted for infla- named by the other body who insisted quieter submarines, and multi-use tion, is still $7.4 billion less than last on striking section 1088 of the Senate’s fighter aircraft. year’s Defense budget. I wish to stress DOD authorization bill. Section 1088, While effective and state-of-the-art this point because the trend toward an amendment by Senator BIDEN and military hardware are crucial to main- lower defense spending is an issue that myself would have prohibited teaching taining our defense advantage, the best concerns me. Given the uncertainties bombmaking for criminal purposes. military equipment in the world is of and adversaries our Nation will con- As my colleagues will recall, this little value without the highly-trained tinue to face, slashing defense spending amendment was accepted in the Senate and hard-working service men and or force structure without a coherent as part of the antiterrorism bill last women on whom the success of our na- military strategy is not the answer to summer in addition to being part of the tional defense ultimately depends. I am preserving our military superiority Senate DOD authorization bill. Regret- therefore pleased that the conference into the 21st century. By the same tably, as happened this time, the other report authorizes a number of initia- token, the familiar path of the past—as body dropped it from the bill. tives directly benefiting military per- convenient as it may be—will be less The bombing in Centennial Olympic sonnel, retirees, and their families. likely to lead us to the future we hope Park is only the most recent pipe Among these are a 3-percent military to shape. In that regard, I believe much bombing. In just 10 days, from July 21 pay raise, a 4.6-percent increase in the debate remains in addressing the fu- to July 31, my staff found seven news- basic allowance for quarters, $466 mil- ture of our national defense. paper accounts of bombing incidents. lion for new housing, and a dental in- This bill addresses many of the fun- A 15-year-old boy, in Irving, TX, blew surance plan for retired service mem- damental concerns of our military. It off three fingers with a bomb he bers and their families. My one regret will improve the quality of life of our learned to make using the Anarchist’s Cookbook from the Internet.—Dallas is that the conference agreement Armed Forces by increasing their pay Morning News, July 26, 1996. dropped the Murray-Snowe amendment and authorizing the construction of A high school student from Provi- new barracks and military family adopted by the Senate which would dence, RI, assembled a foot-long bomb housing. It also moves to address the have repealed the ban on abortions at after obtaining instructions from the critical modernization issues our mili- overseas military hospitals. Internet.—Newsday, July 28, 1996. Mr. President, I am especially tary’s senior leadership raised during A 16-year-old boy from Plainview, pleased that the conference report sup- their testimony before Congress this TX, lost a finger when a homemade ports a strong and efficient Aegis de- year. In that regard, the bill supports bomb exploded. The Bomb was made stroyer program. Bath Iron Works of the Army’s efforts toward battlefield using information from the Internet.— Maine is one of two private shipyards digitization, modernization of tactical Newsday, July 28, 1969. which build this important Navy ship. aircraft for the Air Force and Navy, In Pennsylvania, three teenagers car- The conference report authorizes $3.4 and funds the modernization of our Na- rying a list of 20 ingredients needed to billion for four guided-missile Aegis de- tional Guard and Reserves. build a bomb were arrested after break- stroyers in fiscal year 1997 and $520 Also included in this bill is what I ing into the Penncrest High School million in advanced procurement for consider to be a major step forward in chemistry lab. They downloaded this an additional Aegis destroyer in fiscal the debate over the future of our list from the Internet.—Chicago Trib- year 1998. I am particularly gratified Armed Forces in meeting the national une, July 23, 1996. that the conference report includes ap- security requirements of our Nation. In Rancho Palos Verdes, CA, sheriff’s proval for the Navy to implement a The Military Force Structure Review officials believe information available stable three-ship-per-year procurement Act of 1996 is a provision I cosponsored over the Internet was used in a series plan for the Aegis from 1998 through with Senator LIEBERMAN, Senator of pipe bombings which destroyed four 2001. The plan will result in efficiencies MCCAIN, Senator ROBB, and many other mailboxes, a guard shack and a car. that will save $1 billion in construction distinguished colleagues in the Senate. Four teenagers were arrested in this costs for the Aegis destroyer. This act will establish an independent case.—Los Angeles Times, July 27, 1996. The end of the cold war has uncapped nonpartisan, nine-member National In Orange County, CA, police believe a host of long-simmering regional con- Defense Panel that will conduct a long- four teenagers used the Internet to get flicts around the globe, some of which range assessment of future threats, instructions on building acid-filled bot- have threatened important U.S. inter- military force structure, and oper- tle bombs. One of those bombs burned a ests. Combined with the proliferation ational concepts in support of our na- 5-year-old boy at a school playground of nuclear and missile technology as tional security strategy. It is our hope in April.—Los Angeles Times, July 27, well as chemical and biological weap- that this panel will challenge the De- 1996. ons, these limited conflicts carry the fense Department to be more forward A 23-year old man, from Torrance, potential for far wider consequences. I thinking as it moves beyond the Bot- CA, used a 10-inch-long pipe bomb am pleased that the conference report tom-Up Review, and develops a stra- which blew out three windows in his includes $122 million to strengthen our tegic construct to guide our military home. He obtained the bomb making domestic preparedness against the use forces into the next century. instructions from a manual on home- of nuclear, chemical, or biological Mr. President, the bill before us ad- made bombs.—Los Angeles Times, July weapons. We must recognize that the dresses critical issues facing our men 27, 1996.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10041 In addition to the explicit expla- discourse, in the widest sense of that term. old of achieving the most important nations on how to make all sorts of This kind of talk does not include routine nuclear arms control agreement of the bombs, the Terrorist’s Handbook, commercial speech (including advertise- post-cold-war era, the Comprehensive downloaded by my staff from the Inter- ments), pornography and obscenity, planning Test Ban Treaty. for criminal activity, and related forms of net, also encourages criminal behavior. expression. Commonsense distinctions The bill also authorizes $365 million Let me read a section entitled, ‘‘Check- should be apparent here. These distinctions for the Nunn-Lugar Cooperative Threat list for Raids on Labs.’’ would rule out anyone’s instructing others Reduction Programs, under which the In the end, the serious terrorist would in how to make explosives, especially when United States works with the States of probably realize that if he/she wishes to it is known to the instructor that the explo- the former Soviet Union to reduce the make a truly useful explosive, he or she will sives being talked about are to be made and nuclear threat to all nations. It also have to steal the chemicals to make the ex- used by his students as part of an illegal en- provides funds for new programs to im- plosive from a lab. terprise.—George Anastaplo, Loyola Univer- prove our ability to prevent attacks This section ends with the needed sity of Chicago. using weapons of mass destruction. lists of solid and liquid chemicals need- Some civil libertarians attempt to immu- nize virtually all talk from government reg- I am also pleased that the conferees ed to make most bombs. ulation, but a stable community would be rejected several objectionable provi- This amendment would have prohib- difficult if not impossible if this should ever sions contained in the House version of ited the teaching of bomb making if a become the rule. Others have gone so far as the authorization bill. One House pro- person intends or knows that the bomb to justify actions, including some violent ac- vision would have required the manda- will be used for a criminal purpose. Ad- tions, as forms of expression that are enti- tory discharge of all service members ditionally, the amendment prohibits tled to freedom-of-speech protection. But who are HIV-positive. This discrimina- the distribution of information on how even these theorists are reluctant to argue tory provision would have singled out that blowing up public buildings should be to make a bomb if a person intends or HIV-positive men and women from knows that the information will be considered a form of expression protected by the First Amendment.—George Anastaplo, among the much larger pool of service used for a criminal purpose. Loyola University of Chicago. members who suffer from chronic med- This information is not something ical conditions, yet who can still serve that one would use for a legitimate In today’s day and age when violent crimes, bombings and terrorist attacks in many worthwhile capacities. The purpose or information that can be House provision was motivated by big- found in a chemistry textbook on the are becoming too frequent, and when technology allows for the distribution otry, and the conferees treated it ap- back shelf of a university library. propriately by dropping it from the What my amendment targets is de- of bombmaking material over com- puters to millions of people across the conference report. tailed information that is made avail- The conference report also excludes country in a matter of seconds, some able to any would-be criminal or ter- the House repeal of the Department’s restrictions are appropriate. Specifi- rorist, with the intended purpose of don’t ask/don’t tell policy on gays in cally, I believe that restricting the teaching someone how to blow things the military. This provision would availability of bombmaking informa- up in the commission of a serious and have reinstated the practice of antigay tion, if there is intent or knowledge violent crime—to kill, injure, or de- witch hunts abolished by the Clinton that the information will be used for a stroy property. administration. In this instance too, criminal purpose, is both appropriate This provision could give law en- the conferees were right to drop the forcement another tool in the war and required in today’s day and age. House provision. against terrorism—to combat the flow My amendment to this bill was an Despite these positive elements, of information that is used to teach important, balanced measure to con- there are two other objectionable as- terrorist and other criminals how to front the problems presented by to- pects to this bill that cannot be over- build bombs. day’s rapid growth in technology, and I looked. Some question the constitutionality am extremely disappointed that it was First, the conference report does not of this provision. Common sense should removed during conference. adopt the Senate provision repealing tell us that the first amendment does Mr. KENNEDY. Mr. President, the the current ban on privately funded not give someone the right to teach National Defense Authorization Act for abortions at U.S. military facilities someone how to kill other people. fiscal year 1997 has the principal goal overseas. This provision would ensure The right to free speech in the first of funding our Armed Forces to keep that women in the armed forces serv- amendment is not absolute. There are them the best-trained, best-equipped, ing overseas can exercise their con- several well known exceptions to the best led, and most ready military in stitutional right to choose safe abor- first amendment which limit free the world. In large measure, the bill is tion procedures. speech. These include: Obscenity; child well-designed to achieve this goal, and Our servicewomen should not lose pornography; clear and present dan- I support it. rights granted by the Constitution gers; commercial speech; defamation; Nonetheless, I am concerned about when they serve their country in for- speech harmful to children; time, place the inclusion in this bill of over $11 bil- eign lands. This is a basic issue of fair- and manner restrictions; incidental re- lion in spending authority above the ness. Women in the armed forces serve strictions; and radio and television amount requested by the President. on military bases around the world to broadcasting. The Secretary of Defense and the Joint protect our freedoms. But they are de- I do not for 1 minute believe that the Chiefs of Staff testified that the budget nied access to the same range and qual- Framers of the Constitution meant for presented by the President is enough to ity of health services that they could the first amendment to be used to pro- provide fully for the defense needs of obtain in the United States. In many tect the teaching of methods to injure the Nation during the next fiscal year. countries where our forces serve, ade- and kill. The $11.3 billion added to the budget quate care is difficult to obtain in the However, knowing that there would far exceeds those needs. The authorized best of circumstances, and in many be concern over the first amendment, I level is a ceiling, and I urge the Presi- cases it is not available at all. carefully crafted this amendment with dent and the Secretary of Defense to Without adequate care, abortion can constitutional scholars. I’d like to read exercise their authority to spend at a be a life-threatening or permanently you some of what they said about this lower level than provided in this bill. disabling procedure. We can easily amendment. On arms control, the conference took avoid such risks by making the health I think the language . . . is about as tight an important step by refusing to adopt facilities at U.S. overseas bases avail- as it could be . . . the reasonable-knowledge, provisions that would have infringed able for this procedure and it is irre- explosive materials, and furtherance-of-a- on the President’s constitutional trea- sponsible not to do so. criminal purpose language is all clear ty-making authority, and that would In addition to the health risks of the enough; these are legal terms of art and un- also have undermined the ABM Treaty, current policy, there are travel costs, likely to be found void for vagueness.—Rich- the cornerstone of nuclear arms con- delays, and privacy violations that ard Delgado, University of Colorado at Boul- der. trol. The House provisions would have women serving in the United States do The rigorously-protected talk anticipated undermined U.S. leadership at the very not have to endure and should not have by the first amendment is, in brief, political moment when we stand on the thresh- to endure while serving overseas.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10042 CONGRESSIONAL RECORD — SENATE September 9, 1996 A woman’s decision to seek an abor- Mr. THURMOND. Mr. President, I in place the robust system I would like tion is difficult and personal. It is un- yield the able Senator from Oklahoma to see. It is a life support program, de- fair and unreasonable to continue to such time as he may require. signed to keep as much of our program make this decision even more difficult The PRESIDING OFFICER. The Sen- viable until a Republican President is and dangerous for women who serve ator from Oklahoma is recognized. elected. At that point, we will be able our country overseas. Congress should Mr. INHOFE. I thank the distin- to move more aggressively toward be protecting constitutional rights of guished Senator from South Carolina building a national missile defense sys- women in the armed forces, not turn- for yielding to me and for the fine job tem, just as the American people ex- ing them into second class citizens. that he has done in preparation on his pect us to. Finally, I commend Chairman THUR- committee of the Department of De- We know that most Americans think MOND and Senator NUNN for their lead- fense authorization bill. It has been a we have a missile defense capability, ership in achieving this bill. This is very difficult and arduous time that we and we know that they are outraged Senator NUNN’s last Defense Authoriza- have had in trying to get this done and frightened when they learn that we tion Act. We have served together on with objections from the White House do not. They hear the administration the Armed Services Committee for 14 every step of the way. cite intelligence estimates to justify years, and it is obvious that his reputa- Since the beginning of our country’s waiting and waiting on missile defense. tion for fairness and integrity, and as history, national security has been our But any American who witnessed Pearl the Senate’s preeminent expert on na- Government’s most solemn obligation Harbor in 1941, or the invasion of South tional defense is eminently deserved. to its citizens. In order to honor this Korea in 1950, or the invasion of Kuwait The entire Senate, the entire Nation, obligation, sufficient resources must be in 1990—and that’s most of us, Mr. and the entire free world will miss him. given to the forces that protect us. President—knows that intelligence es- In addition, our colleagues, Senator These forces do not ask much of us for timates are wrong as often as they are their service. But they do need a cer- EXON and Senator COHEN will be ending right, and that even good intelligence tain amount of support from their Gov- their long, outstanding service on the gets misread by political leaders. I ernment in order to carry out their du- committee at the end of this season. would rather have a defense and hope ties and protect the security of the Senator EXON, as ranking member, and my intelligence was correct than have United States as well as maintain our formerly chairman, of the Strategic complete faith in intelligence; the status as the world’s preeminent mili- Forces Subcommittee, has worked to Clinton administration apparently dis- defend our Nation against nuclear tary power. In order to allow our military to agrees. threats. In particular, his leadership on I am particularly concerned by this honor their sworn duty, we have to pro- achieving a nuclear testing morato- emphasis on future threats because the vide them with the means to do many rium and support for a comprehensive administration uses it to justify doing things. We must give them the author- test ban treaty have brought us to the ity to retain ample manpower in the nothing. They say that the missile threshold of an international treaty to form of adequate end strengths. Our threat isn’t here yet. But isn’t defense ban nuclear explosions. military must have the means to re- all about getting out in front of As ranking member of the Seapower cruit high-quality personnel to carry threats? And what about the tech- Subcommittee, I have had the honor to us into the 21st century. In addition, in nology that threatens us today? Russia work closely with Chairman COHEN. He order to keep our high-quality per- and China have missiles—in the case of is an able leader on defense issues, re- sonnel, and protect the high quality of Russia, thousands of missiles—which sourceful, and has worked tirelessly to life which is so important in maintain- could be accidentally fired at us today. ensure a strong national defense. I ing morale, we must provide them with More than 20 other nations are devel- commend him for his leadership and equitable pay and benefits—including a oping the technology. Terrorists and commitment, and I wish him well in 3-percent pay raise to protect against rogue nations, with enough money and his career beyond the Senate. inflation—and appropriate levels of some perseverance, will buy their way Mr. President, I yield the floor. into the nuclear club. And until we get The PRESIDING OFFICER. Who funding for the construction and main- tenance of troop billets and military a missile defense system in place, there yields time? will be nothing we can do about it. Mr. THURMOND. Mr. President, I family housing. We must keep the sword sharp by Missile defense is complex. Sophisti- suggest the absence of a quorum. cated defense technology is seldom pro- The PRESIDING OFFICER. The providing enough resources to main- tain current readiness, and to continue duced precisely on schedule. This is clerk will call the roll. why we need to start now. We will have The assistant legislative clerk pro- modernization efforts to provide the capabilities needed for future wars. Our a national missile defense system; the ceeded to call the roll. question is whether or not it will be be- Mr. THURMOND. Mr. President, I military must also be given the means fore or after the first time we need it. ask unanimous consent that the order to field the type and quantity of weap- ons systems and equipment needed to I have spoken about what we must for the quorum call be rescinded. provide for our military. I would also The PRESIDING OFFICER. Without fight and win battles decisively, with like to point out what burdens we objection, it is so ordered. minimal risk to our troops, just as Mr. THURMOND. Mr. President, they did in the gulf war. should remove from them. We can since both sides are using this quorum An important lesson learned in the eliminate defense spending that does to their advantage, I ask unanimous gulf war was that we need to be able to not contribute directly to the national consent that the time be equally di- protect our troops from ballistic mis- security of the United States; such as vided to each side when we are in a siles, missiles that are capable of deliv- policing of the Olympic games. More quorum so no one side will be unduly ering weapons of mass destruction. importantly, we should stand back and punished. Whether it is nuclear, chemical, or bio- evaluate U.S. involvement in nontradi- The PRESIDING OFFICER. Without logical, we must protect our forces tional military operations, and its im- objection, it is so ordered. while they are in the field and we must pact on combat readiness, budgeting, Mr. THURMOND. Mr. President, I protect their families at home. The and our national interests. Bosnia, So- suggest the absence of a quorum. way we do this is through the develop- malia, and Haiti; these and other police The PRESIDING OFFICER. The ment and deployment of missile de- actions—some of them going on clerk will call the roll. fense systems: land- and sea-based the- today—drain defense funds and put a The assistant legislative clerk pro- ater missile defense systems, which can strain on personnel who are already ceeded to call the roll. protect U.S. and allied forces against being stretched beyond their breaking Mr. THURMOND. Mr. President, I cruise and ballistic missiles while de- point. ask unanimous consent that the order ployed in the field; and a national mis- In this part of our foreign policy, for the quorum call be rescinded. sile defense system to defend America mistakes have certainly been bipar- The PRESIDING OFFICER (Mr. itself. tisan. George Bush, a Republican Presi- KYL). Without objection, it is so or- The missile defense funding author- dent, began the Somalia commitment. dered. ized in this bill is not sufficient to put It took a humiliating defeat and the

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10043 deaths of 18 Rangers in Mogadishu for procurement funding than what the sumes that all countries are equal, and us to learn about the limits of that hu- Clinton administration has requested. it suggests that the comparison be- manitarian operation. Operations in Each warned of the dire consequences tween how much the United States Bosnia will have cost American tax- of the continued aging of their weapons spends versus other nations, accurately payers more than $3.5 billion in defense and equipment. So when we consider predicts which side will prevail in con- dollars if our troops leave by Decem- ‘‘what the Pentagon asked for,’’ I in- flict. ber. I say ‘‘if’’ because neither I nor tend to listen to the chiefs who have But because of geography, all things anyone else in this body believes we made a career of preparing for war, not aren’t equal. We are separated from our will be out of Bosnia by December. The the President’s political appointees. potential enemies by two great oceans. American people were truly deceived Second: ‘‘This budget focuses on the And rather than fighting wars in our by the administration on this commit- wrong threats.’’ Of course there are own backyard, Americans prefer to ment. growing unconventional threats to the fight over there. Because we prefer to I went to Bosnia last November, be- United States and her citizens, includ- fight abroad, it will naturally cost us fore the IFOR mission began, and I ing terrorism and information warfare. much more than it costs our enemies watched experienced U.N. and NATO In fact, some of our additional spend- to field the same force, since we have leaders laugh at the idea that we would ing on R & D is going toward programs to transport, sustain, and operate our be through in Bosnia after 1 year. One such as counter proliferation support fighting force in a place where the U.N. commander, General Huakland of and chemical and biological defense. enemy already is. Norway, said that involvement in Bos- But we should not be forced to choose Each of these activities—moving, nia was like putting your hand in which threat to remain exposed to—as sustaining, and fighting far away—in- water—when you take it out, nothing we address these new threats, we have creases the cost of our military with- is different. If the administration in- to still be prepared for conventional out significantly changing the friend- tends to keep troops in Bosnia longer, warfare. ly-to-enemy force ratio. This cost is they owe it to us and to the American I urge my colleagues to remember raised further if we want to field a people to say so before our Presidential that defense spending is not an invest- force that is not just equivalent to our election. But I do not expect them to ment, but an insurance policy. And we enemy’s, but one that can defeat his shoot straight on this, either. need different kinds of insurance. Their force with minimal casualties, just as Some people, it seems, never seem to odds of having a car accident may be we did in the gulf war. The question, see a breaking point for our military. far greater than the odds that their therefore, is not whether we will be They say we are spending enough on house will burn down, but most Ameri- paying more for our Armed Forces defense. I have criticized the adminis- cans have both car and fire insurance. than our enemy does, but rather how tration’s defense priorities, but I am This same logic underlies our contin- much more we must pay. Is the right also dismayed by some of the voices I ued readiness on conventional threats number three times as much, as with have heard in this chamber. I cannot even as we prepare for the unconven- Russia, or more? believe that some of my colleagues be- tional threats of the future. More than 2,000 years ago, Sun Tzu lieve their own antidefense rhetoric. Third: ‘‘Why buy advanced weapons said you should have five times the Let me examine some of the most com- when American weapons are already strength of an enemy to assure success. mon attacks on this responsible de- the best in the world?’’ It is true that Well, there have been some changes in fense budget that I’ve heard recently, American weapons are the best in the warfare since Sun Tzu’s time. We now four arguments that we hear over and world today. But as threats evolve and have tanks, and planes, and sub- over and over again: weapons technology throughout the marines, so the ratio has changed a lit- First: ‘‘This is money the Pentagon world improves, we must stay ahead. tle. And we can stand here and argue has not asked for.’’ My liberal friends When we go to war, we don’t want a until we are blue in the face over what make this statement as if they believe fair fight—we want to overwhelm the the proper force level is; two times, that the defense budget request is de- enemy with speed, stealth, and three times, five times as much as the cided by admirals and generals based lethality. This costs money, but what other guy. But the cost of our unique on what they need to fight and win is our alternative? To ask our troops to geography makes any comparison be- wars. In fact, because each of the get closer to the enemy, to expose tween what we pay and what our en- services and the Department of Defense themselves more to enemy fire, to emies pay irrelevant. The point is: if itself is run by administration-ap- fight longer and harder in order to win? you want to fight over there, and win, pointed civilians, the Pentagon’s budg- We need look no further than the gulf decisively, with minimal losses, then et request is based on the administra- war. We sent a half-million troops to you can expect to pay many times tion’s priorities. It is then modified by the other side of the world, where they what the enemy pays for his military. Congress, just like every other Govern- won a major land war in less than 100 So this argument is cruel and invalid. ment agency’s budget. hours of ground combat. We suffered Now, the people who make these and It is the Congress’ constitutional re- 146 killed and 354 wounded in that war, other statements about this defense sponsibility to review and either in- and mourned each and every one of bill are smart. They know that we crease or decrease this and all depart- them. But how many more would we must cross our oceans to fight. They ment budgets based on our view of the have lost if we had not invested bil- know that what we consider defense Nation’s needs. Congress never blindly lions in the 1980’s in stealthy aircraft, spending may not be what our enemies accepts the Pentagon budget request. cruise missiles, Aegis ships, and ad- consider defense spending: First, there When the Reagan administration asked vanced land combat systems? We is the high cost of our high-quality vol- for increases in the defense budget in bought those weapons in the 1980’s at a unteer military: recruiting, paying, the 1980’s, my liberal colleagues never time when we also had the most tech- providing medical care, and retire- suggested that the Congress accept nologically advanced force in the ment. Many people don’t realize it, but them without argument. That is ex- world, and many opponents of the two-thirds of our defense budget is actly the kind of argument we’re hav- Reagan budgets criticized those pur- spent on paying people. Then there is ing today—the President thinks we chases. In the end, I would argue that the cost of supporting our world-wide should continue to cut defense sharply, President Bush was very lucky to fight surveillance network, our nuclear de- and we disagree. It is our view that his war with Ronald Reagan’s military. terrent and so on. They know these military spending has been cut too I often wonder how a future President costs are unique to the United States deeply and is well below the minimum will feel about fighting a war with Bill but they choose to ignore it in their ar- required for a sound national defense. Clinton’s military. guments. Why? Because it supports The fact is that the real Pentagon Fourth: ‘‘We spend far more on de- their view of proper levels of defense agrees with us. This year the four serv- fense than other countries.’’ Of course spending. We can disagree about what ice chiefs, in a public repudiation of we spend more money on defense than it takes to field a given capability, but the administration, made it clear that other countries. But there are two we should drop these invalid compari- they need $20 billion a year more in problems with this comparison: it as- sons and deal with the facts.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10044 CONGRESSIONAL RECORD — SENATE September 9, 1996 As we prepare to vote on the fiscal Desert Storm with 11 Army divisions from Oklahoma is a member of the year 1997 Defense bill, I am truly con- plus two larger Marine divisions, 10 Air Armed Services Committee of the Sen- cerned about the effects that decreas- Force tactical fighter wings, and 6 car- ate, and a very valuable member. He ing levels of defense spending have had riers, and 100 ships from the Navy. We has made outstanding contributions to upon our armed forces. If the general drew this Desert Storm force from an our defense on that committee. Again, public fully understood the severity of Army with 28 divisions, an Air Force I commend him. defense cuts under the Clinton admin- with 38 tactical fighter wings, and a Mr. INHOFE. I thank the Senator. istration, they would be outraged. In Navy with 15 carriers and 566 ships. Mr. THURMOND. Mr. President, I my State of Oklahoma, I have heard But look at today’s numbers: instead yield the floor. this message already. We can see the of 28 Army divisions in 1991, we have Mr. CONRAD addressed the Chair. cuts all around us and it is time to put just 15 today; instead of 38 Air Force The PRESIDING OFFICER. The Sen- these reckless defense cuts to an end. wings, we have 20 today; and instead of ator from North Dakota. History has demonstrated that super- 566 ships and 15 carriers, our Navy has Mr. CONRAD. Mr. President, I rise in power status cannot be sustained roughly 350 ships and 12 carriers today. support of the Defense authorization cheaply, nor can it be sustained by This means, for example, that while we bill we have before us. I think it is an budget requests which do not provide used about 42 percent of the Army’s important step as we consider the ap- for adequate funding of our forces. I am combat power in 1991, we would use propriations bills that are left before committed to maintaining America’s more than 70 percent today. So what us. I want to specifically commend the superpower status, just as I am con- would we fight a second war with? leadership of the Armed Services Com- vinced that the Clinton administration It only gets worse—these compari- mittee, Senator THURMOND, the chair- is not. sons assume that the administration’s man, Senator NUNN, the ranking mem- I was deeply disappointed by the ad- budgets will hold our forces at today’s ber, for bringing this bill to us. ministration’s fiscal year 1997 budget levels. But most outside analysis—Gen- I also want to specifically thank Sen- request for defense spending. The ad- eral Accounting Office, Heritage Foun- ator MCCAIN who worked on the floor ministration’s fiscal year 1997 budget dation—shows that the Clinton 5-year during Senate consideration of the au- request was $18.6 billion less in real budget plan is more than $150 billion thorization bill on both my amendment terms than the level enacted for fiscal short of the amount needed to buy the on B–52’s and on my national missile year 1996. In real terms, since the end force level that the President himself defense amendment. of World War II, there have only been 5 says is necessary. This is worse than a I also want to commend those retir- years that the United States has spent difference of opinion over priorities— ing members of the Senate Armed less than the Clinton administration is this mismatch between what we say we Services Committee. Senator Bill recommending for fiscal year 1997. Only will do and what we actually can do is COHEN, the chairman of the Seapower in fiscal year 1947, fiscal year 1948, fis- dangerous. It undermines confidence Subcommittee, announced he was not cal year 1949, fiscal year 1950, those among our allies, invites miscalcula- running for reelection. Senator COHEN years immediately following World tion by the Saddam Husseins of the will be missed here in the U.S. Senate. War II, and fiscal year 1955 imme- world, and gives the American people a He has always been somebody who is diately after the Korean war, has de- false sense of security. No government respected on both sides of the aisle, fense spending been less than the Presi- should do this. someone who many of us look to for dent’s recommendation for this year. It is our duty, as U.S. Senators, to do leadership not only on defense issues Not even during the hollow force years our part in providing for our national but others as well. of the 1970s, when we could not afford security. In doing our part, we must Senator EXON of Nebraska, who is the spare parts to keep our equipment run- vote for a defense bill which gives our ranking member on the Strategic ning, have we spent so little on de- military the means to do their part. Forces Subcommittee, and the former fense. Clearly, it is the responsibility Our forces do not ask much of us for chairman of that subcommittee, has of Congress to address these short- their service, but they do need a cer- announced that he is retiring. And he, comings. tain amount of support from their Gov- too, will be sorely missed in this Cham- Now we know that events in the Per- ernment in order to carry out their du- ber on both sides of the aisle. And, of sian Gulf over the past several days ties and protect the security of the course, Senator NUNN, the ranking have gotten President Clinton’s atten- United States of America. member and former chairman of the tion. He appears to have reversed his I feel it is time we take a more re- Armed Services Committee, who has earlier threat to veto this bill. But I sponsible approach to defending this achieved respect not only in this wonder if he has considered the deeper Nation. I urge my colleagues to make a Chamber but across the country as well ramifications of Saddam Hussein’s re- good start, by supporting the fiscal as a defense expert. cent activity. This latest round of year 1997 DOD authorization bill and I think we should also recognize the cruise missiles has reminded me of two its attempt to slow the administra- outstanding staffs that have worked on basic facts. One, of course, is that the tion’s deep cuts to our Nation’s mili- this legislation. I want to single out Persian Gulf, like many other regions, tary modernization. Even this level of Les Brownlee, the majority staff direc- remains a very unstable place. The sec- funding is inadequate; however, it is tor, Eric Thoemmes, also on the major- ond is that we must be prepared to the best we will be able to do until we ity side who was very important in project power on the other side of the have a President who remembers that working with us on the amendments world on very short notice. his first responsibility is not to try to that I have talked about, minority It is one thing to throw a few cruise change Americans’ behavior with gim- staff director Arnold Punaro, and mi- missiles at easily identified desert tar- micks in the tax code, but to protect nority strategic forces expert Bill gets. But what if more is required? their lives, liberty, and property from Hoehn. All of them we worked closely What if the missiles do not stop threats around the globe. with in the development of this legisla- Saddam’s advance? Then we are right As inadequate as it is, we must pass tion. We appreciate their outstanding back where we were in 1990—we must this defense authorization bill. It is the service to the committee, to the Sen- build up a force, move it to the gulf, best we can get until we change Presi- ate, and to the country. and fight Saddam Hussein the old fash- dents. Mr. President, I cannot help but re- ioned way, of course with over- I yield the floor. spond to some of what I heard from my whelming firepower, but also perhaps Mr. THURMOND addressed the Chair. colleague from Oklahoma. I am sup- man to man and tank to tank. The PRESIDING OFFICER. The Sen- porting this Defense authorization bill. My friends, should this worst-case ator from South Carolina. I think it is the right course to take. scenario arise, we will have a problem. Mr. THURMOND. Mr. President, I But I must say, we ought to put some Why? Because, in terms of military wish to commend the able Senator of this in perspective. I mean, we have strength, we are not right back where from Oklahoma for the excellent re- to remember here the cold war is over. we were in 1990. In fact, we aren’t even marks he just made here on the floor of We do not have any force on the face of close. Listen carefully! We fought the Senate on this bill. The Senator the globe that in any way rivals the

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10045 military strength of the United States. No. 3, the B–52’s placed few lives at studies. We have major studies under- Thank goodness that is the case, but it risk. Air, land, and sea forces in for- way, Mr. President, to determine the is the case. We also have to remember ward deployments involve hundreds of appropriate force structure for the fu- that we are still running budget defi- thousands of personnel in combat oper- ture. We ought not to preempt those cits in this country, $116 billion in the ations. But more than one-quarter of studies now. current fiscal year. the cruise missiles we fired in the first No. 3, to retire B–52’s would sacrifice Mr. President, we have to keep our round were launched by only 14 Ameri- a superior global bomber. B–52’s have a eye on the ball. We just cannot spend cans on two B–52’s. longer range than the B–1 or the B–2. money on everything everyone would No. 4, B–52’s were the least expensive They have the greatest versatility be- like. And that includes our armed serv- system involved. Naval vessels and in- cause they are fully dual capable and ices. We have to make tough decisions. theater forces have large personnel the only bomber with cruise missiles We have to stay on this course of def- complements and costly support re- allowing standoff operations, as we saw icit reduction if we are to prevent fis- quirements. in the Iraqi confrontation. cal calamity in the future. No. 5, the B–52 was the only bomber No. 4, they have the largest total It is true we have made enormous for the mission. The B–52 is the only payload of any bomber. progress on the budget deficit. In 1992 bomber that at this point carries cruise No. 5, they are the least costly to it was $290 billion. This year it is pro- missiles. maintain and operate. jected to be $116 billion, a dramatic im- Mr. President, the Department of De- Finally, Mr. President, and perhaps provement, without question. But we fense suggested that we not fund 28 of most important, to reduce any of our also know that we face the time bomb our 94 B–52’s. We believe that would bombers would only add to the existing of the baby boom generation, and that have been a serious mistake. Retire- bomber gap. Some have asked me, what requires us to continue to put spending ment is clearly unnecessary. These B– do I mean by bomber gap? Mr. Presi- under the microscope. We have to look 52’s have been comprehensively up- dent, let me make clear, the Bottom at every part of the Federal budget, graded. I have been told by the former Up Review said we need at least 100 and that includes our defense budget. head of Air Combat Command that deployable bombers—100 deployable Let me just say that I think everybody these planes are good until the year bombers—in order to prevail in two in this Chamber understands that the 2035. Often we hear people say B–52’s MRC’s simultaneously. pressure will continue on every part of are older than the pilots flying them. Mr. President, today we only have 92 Federal spending, and that is as it Mr. President, that is with respect to deployable bombers, 92 deployable; the should be. the name plate on the B–52’s. Many of Bottom Up Review said we need 100. Mr. President, there are some parts these airframes were, it is true, con- Mr. President, to send any bombers to of this bill that I want to discuss spe- structed in the 1960’s, but what people the bone yard in this circumstance cifically because I think they are criti- forget, there have been billions of dol- makes very little sense. cally important in light of what has lars of upgrades to these planes, includ- I might add that I believe the new ef- just happened with respect to the ac- ing new skins, new everything. forts that are underway to evaluate our tion in Iraq. Mr. President, General Loh, head of strategic systems will disclose that 100 Section 1302 of the conference report the Air Combat Command, told me wisely prohibits the retirement of any deployable bombers are not sufficient. these planes are good until the year strategic systems pending Russian In fact, I believe 100 deployable bomb- ratification of START II. But we go 2035 because, if you look at the land- ers is sadly insufficient to meet the re- even further with respect to our B–52’s. ings, you look at the flying hours, quirements of two MRC’s. We will have Those bombers must be retained under there are far fewer landings and flying a chance at a later time to go into the these provisions whether or not hours on these airframes than on com- assumptions that have been made to START II is ratified in recognition of mercial planes. As a result, these establish the 100 deployable bombers as their conventional capabilities. planes, with all of the upgrades that the appropriate target. Mr. President, the amendment that I have been done, are good until the year Mr. President, it certainly makes no offered, that has been retained, stipu- 2035. We should not be sending a single sense to be adding to the bomber gap at lates that none of the 28 B–52’s that one of them to the bone yard. a time when, I think, it is in great were not funded in the Department of Mr. President, in addition, question whether or not 100 deployable Defense request can be sent to the reengining, the proposal by Boeing, bombers is sufficient to meet the con- boneyard and that all must be kept could produce $6 billion in savings, tingency of two MRC’s. fleet standard in a fully maintained at- enough to finance retention of the 28 Let me just close, Mr. President, by trition reserve. I believe the recent that were unfunded in the DOD budget. again thanking the committee leader- cruise missile strikes in Iraq bring into This makes great sense to reengine ship and the staff of the Senate Armed sharp focus why retention of these pro- these planes, put on commercial en- Services Committee for working with visions in conference was wise. gines that will experience some 40 per- us to put together the Conrad amend- Mr. President, if I could turn to the cent in fuel savings, make these planes ment that calls for retaining our B–52 charts that I have brought with me, I even more responsive and even longer force and also for the national missile would like to just point out for a mo- lasting in our force inventory. defense provisions that are included in ment the B–52 advantage—global reach, I believe that retirement of any of this conference report. I want to thank global power. Mr. President, in the re- our B–52’s would be ill-advised. I want the chairman of the committee, Sen- cent action against Iraq, the B–52’s re- to salute the committee for taking this ator THURMOND. I want to thank the sponded immediately from the United position, as well. I believe it is unwise ranking member, Senator NUNN, and I States. Naval vessels could only par- to retire B–52’s for the following rea- want to thank their very able and pro- ticipate in cruise missile strikes be- sons: fessional staffs for the assistance they cause they had completed a deploy- No. 1, it endangers arms control. A have provided to us. I yield the floor. ment process that can take days or B–52 retirement reduces Russia’s incen- Mr. THURMOND. Mr. President, I be- even weeks. Other land and sea forces tive to ratify START II. We ought not lieve the vote on this bill is set for 2:15 can take weeks or even months to ar- to be taking down strategic systems tomorrow; is that correct? rive. The B–52 is able to be there in a before there is a Russian ratification of The PRESIDING OFFICER. The Sen- matter of hours. START II. That makes no sense. I am ator is correct. No. 2, B–52’s did not require in-the- very pleased that under the leadership Mr. THURMOND. I now ask for the ater basing. The United States could of Senator THURMOND and Senator yeas and nays. not use land-based forces in-theater be- NUNN, the committee has taken that The PRESIDING OFFICER. Is there a cause of political considerations. The position. That is a wise and prudent po- sufficient second? B–52’s can operate from the continental sition. The committee ought to be sa- There is a sufficient second. United States and from bases in Guam luted for taking it. The yeas and nays were ordered. and Diego Garcia, thousands of miles No. 2, retirement of these strategic Mr. THURMOND. I suggest the ab- from combat operations. systems now preempts the 1997 defense sence of a quorum.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10046 CONGRESSIONAL RECORD — SENATE September 9, 1996 The PRESIDING OFFICER. The Defense authorization conference re- neering Laboratory to pay private con- clerk will call the roll. port. tractors for the amount of waste treat- The assistant legislative clerk pro- The conference report takes a num- ed. ceeded to call the roll. ber of steps to strengthen our Nation’s At my request, the conference report Mr. THURMOND. Mr. President, I defenses and improve the quality of life creates a high-level commission to ad- ask unanimous consent that the order for our brave men and women in uni- dress the problem of recruiting the for the quorum call be rescinded. form. next generation of nuclear weapons sci- The PRESIDING OFFICER. Without The conference report authorizes a 3- entists. This is another problem identi- objection, it is so ordered. percent pay raise for American mili- fied during this year’s hearings. TRIBUTE TO ARNOLD PUNARO tary personnel and a 4.6-percent in- The conference report before the Sen- Mr. THURMOND. Mr. President, I crease in the basic allowance for hous- ate is a good bill that reflects reason- want to take this opportunity to pay ing, an issue on which we have spent a able compromises between the House, tribute to Arnold Punaro, the minority great deal of time and we know there the Senate, and the administration. I staff director. certainly is a need. urge my colleagues to support the con- At the close of this session, Arnold The conference report provides $466 ference report. I was pleased to hear Punaro will be leaving the Senate after million for the construction of new the President plans to sign this impor- almost 24 years of service, both on the barracks, dormitories, and family tant piece of legislation. I thank the able chairman of the Senate Armed Services Committee and housing. Armed Services Committee, Senator on Senator NUNN’s personal staff. The bill also continues efforts to ad- During his service on the Armed dress the No. 1 problem identified by STROM THURMOND, and the distin- guished ranking member, Senator Services Committee, Mr. Punaro the Joint Chiefs of Staff, the lack of NUNN, for their counsel and guidance served in the following positions: 1983 modernization of our military equip- throughout this difficult process. As al- to 1987, minority staff director; 1987 to ment. The bill provides for increased ways, Chairman THURMOND’s tireless 1995, staff director; 1996 to the present, procurement of ships and planes, mis- leadership and his determination have minority staff director. siles, trucks, communications systems, resulted in a strong Defense authoriza- Throughout his tenure on the com- and night vision devices that our forces tion bill reaching the Senate floor. mittee, Mr. Punaro played a key sup- need to maintain the qualitative edge Just as he has done through so many porting role in virtually all legislation against possible foes. different periods of this Nation’s need that the Armed Services Committee The bill also increases funding for op- when we have turned to strong individ- considered, including the Goldwater- erations and maintenance to provide uals, once again he is leading us, as he Nichols legislation and creation of the training needed to keep our military has done so many times in service to Special Operation Command. forces ready for action. the country. In addition to his superb work on the The conference report also rectifies a past wrong by authorizing the Presi- In addition, this is Senator NUNN’s Armed Services Committee, Mr. last defense authorization conference Punaro serves in the Marine Corps Re- dent of the United States to award the Congressional Medal of Honor to seven report. I feel honored to have served on serves. He currently holds the rank of the same committee as Senator NUNN. African-American soldiers who were brigadier general and is commanding The knowledge and skill of the senior denied this award after World War II. general of the Marine Corps Reserves Senator from Georgia will be missed, While six of these awards will be Support Command. and the whole Senate and the Nation awarded posthumously, the one living Mr. President, I know I will be joined will feel his absence. by all members of the Armed Services recipient, Vernon Baker, is a resident This also will be the last conference Committee in thanking Mr. Punaro, for of St. Maries, ID. I have spoken to Mr. report that will include the Senator Baker, and I can tell you of the great his dedication and hard work on behalf from Maine, Senator COHEN. I can tell of our Armed Forces and for the service pride that he shares in knowing he will you, there have been tremendous in- he has rendered to our Nation. receive that award. sights and improvements that he has Mr. President, I wish him and his The bill also authorizes $5.5 billion, made throughout this process. Senator an increase of $100 million above the family continued success in the years COHEN will be missed. ahead. President’s request, for environmental The Senator from Nebraska, JIM I suggest the absence of a quorum. cleanup and waste management at De- EXON, with whom I had the pleasure of The PRESIDING OFFICER. The partment of Energy facilities around serving—we had a particular trip in clerk will call the roll. the country. Russia, where we spoke to those that The assistant legislative clerk pro- The conference report reduces head up the nuclear defenses there in ceeded to call the roll. redundancies in existing law and Russia. Again, Senator Jim EXON will Mr. KEMPTHORNE. Mr. President, I streamlines the regulatory process to be missed as well. ask unanimous consent that the order expedite the opening of the Waste Iso- Also, I acknowledge the contribu- for the quorum call be rescinded. lation pilot project [WIPP] facility in tions of Senator SHEILA FRAHM, the The PRESIDING OFFICER (Mr. the State of New Mexico. The bill also Senator from Kansas, in her tenure in BROWN). Without objection, it is so or- provides additional funding can make serving on the Senate Armed Services dered. The Senator from Idaho is recog- sure the WIPP facility can accept Committee. We wish her the very best nized. waste on time. with her future as well. Mr. KEMPTHORNE. Mr. President, I The bill also provides greater author- In conclusion, as we saw last week in ask unanimous consent that floor ity for site managers at DOE facilities Iraq, despite the end of the cold war, privileges be granted to Marine Corps to move funds from different accounts the world remains a dangerous place. Lt. Mark Kerber. He is currently part to address problems developed during American military power is required to of a fellowship program assigned to my the fiscal year. This authority was re- ensure stability and protect democracy office. He is a recent graduate with dis- quested by site managers at a hearing and free trade. There is no substitute tinction from the U.S. Naval Academy that I chaired earlier this year. We ex- for a strong America. The pending con- and next week will actually be headed pect this increased efficiency to save ference report will ensure our military to basic training at Quantico and then the taxpayers money. forces can respond to any threat to the flight school at Pensacola. The conference report also estab- U.S. national interests. When we think The PRESIDING OFFICER. Is there lishes technology demonstration zones about people in the military services, objection? Without objection, it is so at major DOE facilities to allow site such as Lt. Mark Kerber, we know it is ordered. managers to apply new technologies to our duty to make sure they have the Mr. KEMPTHORNE. I thank the the nuclear cleanup problems across best training, equipment, and facilities Chair. the Department of Energy complex. so, when they respond to any crisis Mr. President, as a member of the The conference report also authorizes anywhere in the world on behalf of this Armed Services Committee, I am major privatization efforts at the Han- Nation, we know they are doing it as pleased to rise in support of the 1997 ford site and the Idaho National Engi- the best.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10047 Mr. President, I suggest the absence in directing 50,000 civilian and military production, acquisition, stockpiling, of a quorum. members, and in managing $14 billion and use of chemical weapons. The PRESIDING OFFICER. The in annual funding, has been recognized In it each state party undertakes clerk will call the roll. both inside the Department of Defense never, under any circumstances, to: The legislative clerk proceeded to and in the private sector as a model of Develop, produce, otherwise acquire, call the roll. highly effective management. Under stockpile, or retain chemical weapons, Mr. THURMOND. Mr. President, I his leadership, DLA became one of the or transfer, directly or indirectly, ask unanimous consent that the order first Federal agencies ever to win a chemical weapons to anyone; for the quorum call be rescinded. Ford Foundation Innovations in Gov- Use chemical weapons; The PRESIDING OFFICER. Without ernment Award. Engage in any military preparations objection, it is so ordered. During his tenure, Admiral Straw re- to use chemical weapons; and Assist, encourage, or induce, in any The distinguished Senator from engineered and completely revamped way, anyone to engage in any activity South Carolina is recognized. the DLA. His fine efforts have saved prohibited to a state party under this Mr. THURMOND. I want to express our $10 billion to date, and are expected to yield an additional $20 billion in sav- convention. my appreciation to the able Senator It is very important that we be in- ings and cost avoidance over the next 6 from Idaho for the kind words he had volved every step of the way. Particu- years while significantly improving re- to say about my service as chairman of larly important is our involvement in a sponsiveness to customers. the Armed Services Committee. Sen- leading role during the l80-day period Admiral Straw began his military ator KEMPTHORNE has been a devoted, when so much is done to prepare for service in 1961 when he was commis- able member of that committee and the entry into force of the treaty. Sim- sioned upon graduation from the U.S. has rendered the defense of this coun- ply put, during this crucial period for Naval Academy. He served numerous try great service. Our country is in- the treaty, we simply cannot afford to sea duty assignments and held senior debted to him for all that he has done be on the outside looking in. If we stay policy positions within the Department to promote a strong defense in this Na- out, we will have no say over the ac- tion. Again, I am proud of his friend- of the Navy. These include Vice Com- tivities of the governing body. We will ship and proud of his service to his Na- mander, Comptroller and Chief Finan- not be involved in the establishment of tion. cial Officer of the Naval Supply Sys- the inspection regime, which, if done as Mr. President, I understand this has tems Command, and Director of Supply envisaged, could be very important in been cleared on the other side of the Policy and Programs on the staff of the providing information as to the pres- aisle. I have been authorized to yield Chief of Naval Operations. In 1994, he ence or absence, worldwide, of chem- back all debate time on the Defense au- organized and successfully conducted ical weapons programs. If we are not a thorization conference report. the Defense Performance Review. He party, we will certainly avoid having The PRESIDING OFFICER. Without will also receive the Society of Logis- the minor inconvenience of inter- objection, all time is yielded back. tics Engineers’ annual Founders’ national inspections in our country, Award for 1996, later this year. f but at the price of having no expert Mr. President, our Nation owes Ad- Americans on inspection teams world- MORNING BUSINESS miral Straw its appreciation for his wide looking for illicit chemical weap- Mr. THURMOND. Now, Mr. Presi- truly distinguished service. I wish him ons activity. dent, I ask unanimous consent that and his wife, Chris, continued success These would be major prices to pay there be a period for morning business and happiness in all future endeavors. for failure to participate in this impor- with Senators permitted to speak for f tant undertaking. There is another up to 10 minutes each. CHEMICAL WEAPONS CONVENTION major price to be made if we do not be- come a party. Our failure to join the The PRESIDING OFFICER. Without Mr. PELL. Mr. President, under a objection, it is so ordered. treaty would constitute a major body unanimous consent agreement, the blow to our critically important chem- f Senate has obligated itself to consider ical industry, which supports ratifica- the Chemical Weapons Convention THE VERY BAD DEBT BOXSCORE tion in overwhelming numbers. later this week. The problem that failure to ratify Mr. HELMS. Mr. President, at the The timing is fortuitous. Getting the would cause for the industry was put close of business Friday, September 6, Senate to this point has taken much clearly to the Committee on Foreign the Federal debt stood at longer than was needed or one would Relations by the president of the $5,220,377,655,156.41. have hoped, but, if the Senate does in- Chemical Manufacturers Association, One year ago, September 6, 1995, the deed decide this week to consent to the Mr. Frederick Webber, who said: Federal debt stood at $4,969,749,000,000. ratification of the convention, we will Five years ago, September 6, 1991, the be in on the setting up of the organiza- Mr. Chairman, honest businesses have tions required by the convention—a nothing to fear from this treaty. On the con- Federal debt stood at $3,623,922,000,000. trary, the real price to pay is for not taking This reflects an increase of more than conference of all the states parties, a action. The United States, as I am sure you $1,596,455,655,156.41 during the 5 years 41-member executive council, and a know, is the world’s preferred supplier of from 1991 to 1996. technical secretariat, which will be the chemical products. Chemical exports, last international body responsible for con- year, topped $60 billion. Indeed, we are the f ducting verification activities. leading exporting industry in America. TRIBUTE TO VICE ADM. EDWARD As of this point, 62 nations have rati- Those exports, that $60 billion figure, sus- M. STRAW fied the convention. The convention tained 240,000 high-paying American jobs will enter into force l80 days after it throughout the land. That makes us the na- Mr. THURMOND. Mr. President, I gains the 65th party. If the Senate acts tion’s largest exporter. More than 10 cents of rise today to recognize Vice Adm. Ed- every export dollar is a product of the chem- now, our action will enable us to be in ical industry. ward M. Straw, U.S. Navy, who will re- on every aspect of the setting up of the tire on October 25 after a distinguished We are a fast, reliable, high-quality sup- convention. Moreover, we will surely plier to customers in every corner of the 35-year career. Admiral Straw will re- bring others with us and, thus, help en- globe. But we could lose that distinction, we linquish control of the Defense Logis- sure widespread adherence to the trea- could lose it if the U.S. does not ratify the tics Agency, which is also known as ty and do much to ensure its effective- Chemical Weapons Convention. the DLA, on the day he retires. He has ness. The Convention sharply restricts trade in served as Director of the DLA since This treaty represents a serious and chemicals with countries who are not parties 1992. important step in our continuing effort to the treaty. If the Senate does not ratify, DLA is the largest combat support our customers will cut us off. They will drop to curb and to end the threats posed by us, and find other suppliers. agency in the Department of Defense. weapons of mass destruction to us, our Unfortunately, we will be lumped in the If it were a private company, it would friends and allies, and to the world. same categories as nations like Libya, Iraq, be the 78th largest company in the For- The Chemical Weapons Convention, and North Korea. We do not believe this is an tune 500. Admiral Straw’s performance when it enters into force, will ban the acceptable option.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10048 CONGRESSIONAL RECORD — SENATE September 9, 1996 The critics like to say that this treaty im- fully before deciding how they wish to But, you know, this celebration is about poses too many burdens on business. They vote. I deeply believe that a positive more than just letters. It’s about 200 years of say that opening our plants to inspections vote is the correct one for our national history, and a very special, almost unique se- will mean forfeit our most important trade interests. I hope very much that most ries of events that redirected that history secrets. It is a good story, if it were true, but which took place here in the days when the it is not. of my fellow Senators will reach the United States of America were still young Yes, the Convention does open our plants same conclusion. and searching for what this new concept to inspection. But it also offers state-of-the- f called democracy really meant. art protections for confidential business in- Several years ago, I was in command of a formation. This treaty will not reveal our se- STRENGTH FROM DIVERSITY Navy cruiser on its way from California to crets. Mr. PELL. Mr. President, I would the Persian Gulf. It was a long trip—it took Indeed, it will protect them. We know, be- like to bring to the attention of my us six weeks to sail halfway around the cause we helped develop the inspection sys- world. And as we neared the end of our voy- tem. Then we put the system to the test over colleagues a most insightful address on religious tolerance and freedom deliv- age, we stopped for fuel in the ancient port and over again. We learned what works and of Cochin, on the southwest coast of India. In what does not. We found the gaps, and we be- ered by Radm James R. Stark, presi- the course of my visit, I was able to do some lieve that we have plugged them. dent of the Naval War College, at sightseeing. I came across a Catholic church, Mr. Chairman, let me cut to the bottom Touro Synagogue in Newport, RI on nearly 500 years old, where the Portuguese line. The benefits of this inspection system explorer Vasco da Gama was buried in 1524, far outweigh the costs. The rewards out- August 25. weigh the risks. The treaty may not provide Admiral Stark has had a distin- soon after ‘‘discovering’’ India. But I also an iron-clad guarantee that chemical weap- guished career, serving our Nation with visited another building nearly twice as old. ons will not ever again be a threat, but it great dedication and a strong commit- It was the Jewish synagogue, which had been does have teeth. It will provide a real deter- ment to the enduring principles upon founded in first century A.D. by Jews fleeing rent. It is the best available option. Jerusalem after the destruction of the Sec- which our country was founded. His ad- ond Temple—Herod’s temple—by the Ro- The Convention strikes a balance. It is dress exemplified the principles of tough, but it is fair. It is intrusive, but it is mans. To me, it was a tangible illustration not stifling. It asks a lot, but in return, it of- George Washington now memorialized of how long and how far the Jewish people fers a significant reduction in the threat of today on the 30-cent stamp issued in have been forced to wander in their search chemical weapons. August 1982 to commemorate the for a decent life. Mr. President, I find the points raised Touro Synagogue: ‘‘To bigotry no sanc- Interestingly, history tells us that—except tions. To persecution no assistance.’’ for their periodic revolts in Judea—Jews by industry and the issue of U.S. in- fared well under the Roman empire. They volvement in activities that really are These same words were in George were merchants and craftsmen who were wel- at the heart of our national interests Washington’s letter to Moses Seixas comed wherever they settled. And by the end to constitute in themselves compelling and the Touro Synagogue community. of the Roman era, strong Jewish commu- reasons for us to be very, very careful Let me share Admiral Stark’s con- nities had sprung up all around the Medi- before giving any serious thought to a cluding remarks: terranean. Even after the fall of Rome, Jew- turning down of this treaty. Today and Today, we have the opportunity to rejoice ish settlements continued to spread—first over the next several days, I’m sure in the success of the Touro congregation to into Western Europe, and then, after the 12th that Senators will be bombarded with be treated like any other citizens, and to cel- century, into the East. But as time went by, the attitudes of their arguments for and against this treaty. ebrate in the wisdom of George Washington and the other founding fathers, who realized hosts changed. The hard work, the edu- I would like to draw my fellow Sen- cation, the cohesion, and especially the suc- ators attention to a very thoughtful that our diversity did not have to breed hate and suspicion and discrimination, that our cess of those Jewish communities created analysis provided the committee by Dr. ‘‘unlikeness’’ did not prevent us from being jealousy and resentment. Jews who had been Brad Roberts this year. Dr. Roberts, good citizens in a society of mutual trust, welcomed because they brought needed skills who has spent a considerable time as- and respect, and consideration. Rather than and built the local economy gradually sessing issues related to the treaty, being a weakness, America’s diversity has changed from being neighbors to being out- spoke in full recognition of some of the become our strength. siders, tolerated when necessary and per- concerns that have been raised. He secuted when it because convenient. I ask unanimous consent that Admi- More and more restrictions were placed on said: ral Stark’s remarks be printed in the Jews. As commerce and skilled trades ex- In sum then, the CWC certainly is not per- RECORD. panded during the Middle Ages, the guild fect, and anybody who has told you it is, is There being no objection, the re- system was used to exclude Jews from a blowing smoke. The relevant question for marks were ordered to be printed in growing number of vocations. They were pro- this committee, though, is simply: Is it good the RECORD, as follows: hibited from owning land. They were re- enough? Is the treaty in the national inter- stricted from universities. They were re- REMARKS OF RADM. J.R. STARK, USN est? quired to live in certain urban districts—the If you believe, as I do, that it is better to Good morning, ladies and gentlemen. I’m ghettoes. narrow the proliferation threat, than to let so pleased to see you all here. I want to start Rather then being the mainstay of regional it spiral out of control, which is where it is out by saying how honored I am to be ad- and international commerce, as they had headed, that the only chemical weapons that dressing you today. been for centuries, in many areas the only matter to the United States are those that When Governor Sundlun asked me to speak jobs open to Jews were as itinerant crafts- pose real military threats, that it is better a few weeks ago, I leaped at the oppor- men or as moneylenders to all levels of soci- to share verification and compliance tasks tunity—first, because I’ve been interested in ety. and to have on-site access, than to go it Touro Synagogue since I was first stationed But success in finance and the emerging alone on these matters, that it is better to in Newport back in the ’60’s. And second, be- business of banking and credit carried its add relatively modest regulatory burdens to cause we’re here to commemorate an event own dangers. When local businessmen made industry than to jeopardize its long-term which is of such importance, that it reso- poor decisions—or kings had to borrow competitiveness, that it is better to create nates still today across the length and money to finance everything from wars to more tools to deal with the proliferation breadth of America. jewelry—they became more and more in- threat of the post-Cold War than to have That event was an exchange of letters be- debted to the very people they had forced fewer, and if you agree that it is better to tween the warden of Touro Synagogue and into being their bankers. share the burden of managing this problem President George Washington over 200 years And when it came time to repay those than to saddle the United States alone, then ago. Some may say, what’s the big deal? debts, it was a lot easier to spread rumors of support the CWC. What’s so important about an exchange of witchcraft and secret rites, launch a wave of It is not perfect, but it is largely up to us letters? They’re not even legal documents. pogroms, expropriate Jewish businesses, can- to define and manage its risks through our They’re just a couple of pieces of paper, writ- cel the debts, and then expel the Jews. military programs, our anti-chemical protec- ten by people long dead—people who hadn’t a And that’s exactly what happened over and tion systems, our own national verification clue about life in the last 20th century, peo- over during the Middle Ages. In 1290, Edward capabilities, a task that is far easier than ple who never imagined the airplane, or the the First of England solved his debt prob- coping with the risks of a world of much internet, or MTV. Even their language seems lems by expelling the Jews. They were to re- broader chemical and perhaps biological pro- stilted and old-fashioned—and the issue of main barred from England for the next 350 liferation, and the difficult challenges that religious freedom really doesn’t appear to be years, until the time of Oliver Cromwell. A would result to U.S. interests, capabilities, especially relevant today, does it? So what? hundred years later, in 1394, they were ex- and leadership. But we know better, don’t we. Those let- pelled again, this time from France. A simi- Mr. President, I know my fellow Sen- ters had an impact that went far beyond the lar fate befell the Jews of Spain in 1492, and ators will weigh this treaty very care- little community of 18th century Newport. those of Portugal in 1497. Some were forcibly

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10049 converted. Others were killed for refusing to The same colonists who had fled religious ‘‘unlikeness’’ did not prevent us from being abandon their faith. Many of the original persecution in England were only too happy good citizens in a society of mutual trust, Jewish community here in Newport—the to impose their beliefs on others when they and respect, and consideration. Rather than people who founded Touro Synagogue—were were in control. Fortunately, the tolerance being a weakness, America’s diversity has the descendants of those same Sephardic established by Roger Williams here in Rhode become our strength. Jews who had been driven from the Iberian Island made it a mecca for people of all Yes, we do have much to be thankful for Peninsula 150 years earlier. faiths who sought the right to worship in today. For the congregation of Touro Syna- These cycles of persecution waxed and peace. Huguenots and Baptists, Jews and gogue truly helped make America what it waned for the next 500 years. Sometimes Quakers all lived together here, worshipping is—a special place where all can live in peace they were violent. Sometimes it was just God in their own ways. together. snide remarks and not being admitted into One hundred-fifty years ago, the great Thank you, and shalom. some exclusive club. French commentator, Alexis de Tocqueville, Mr. THURMOND. Mr. President, I As we all know, the culmination of all this observed a peculiar fact—that two principles was the Holocaust. How could it happen? which in Europe had historically been mutu- suggest the absence of a quorum. Wasn’t it something we should have fore- ally exclusive—the spirit of religion and the The PRESIDING OFFICER. The seen? spirit of liberty—had somehow been com- clerk will call the roll. Jews had lived in Germany for over a thou- bined and made mutually supportive here in The legislative clerk proceeded to sand years. They had built its industry. They America. Part of the reason for that happy call the roll. were part of its educational system. They fact lies right here. were skilled workers, bankers, businessmen, Mr. SIMON. Mr. President, I ask When warden Moses Seixas of Touro Syna- unanimous consent that the order for artists, scientists. They had fought in Ger- gogue wrote to President George Washington many’s war right alongside the rest of their to wish him well and to give thanks for a the quorum call be rescinded. countrymen. There part of the community. government ‘‘erected by the majesty of the The PRESIDING OFFICER. Without They were Germans, and they thought of people’’ which gave everyone—regardless of objection, it is so ordered. themselves as Germans. No wonder so many their origins—the liberty to worship in peace The senior Senator from Illinois is responded to the first acts of the Nazis with and enjoy equally the protections of citizen- recognized. disbelief and a total inability to comprehend ship, he started a series of events which had Mr. SIMON. I thank the Presiding Of- what lay in store. consequences far beyond what he could have And in the end, why did so many others, ficer. ever imagined. Germans and non-Germans alike, turn their And when President Washington, in his f heads from what was happening to their reply, wrote of how proud we should be for neighbors, or worse yet, take part in the per- having given mankind a country where ‘‘all DIRECT STUDENT LOAN PROGRAM secutions? possess alike liberty of consicence and im- Earlier this month, I read a very moving munities of citizenship’’ he captured the Mr. SIMON. Mr. President, although piece in the New York Times entitled ‘‘The very ideals that make America special. it is unusual for me to speak from a Pogrom at Eishyshok.’’ Some of you may And, in what I think is one of the most re- prepared text, I want to spend a little have seen it. It was the chilling first person markable insights of the letter, President time providing my colleagues with account of a man who, as 7 year old child in Washington notes that we’re not talking the fall of 1945, had witnessed the murder of some of the history and facts regarding about toleration the way it was throughout his mother and infant brother in a little an item that appeared in the Repub- history, where one privileged group granted town—a ‘‘stetl’’—in what is now Lithuania. lican Party’s platform last month. The others some limited rights as a form of in- Their attackers weren’t Nazis bent on car- dulgence, ‘‘allowing’’ them to be treated issue is a successful Direct Student rying out the final solution—Hitler had al- fairly. No! What George Washington says is Loan Program which has saved stu- ready been defeated. These were their neigh- that there is no single group which holds dents and taxpayers billions of dollars bors, people they knew and had grown up sway over the rest of us. All of us have inher- by streamlining a complicated system with. At the end of his story, the author ob- served that ‘‘as our world shrinks and its di- ent natural rights, and the only thing re- and enhancing competition. It is a verse nations become more entangled with quired of us is that we conduct ourselves as great disappointment to me that an one another, it is of the utmost importance good citizens and support the government. issue with such strong bipartisan roots to understand that the ‘dislike of the unlike’ The government didn’t just ‘‘allow’’ the Jews has been turned into a one-line rhetor- is what leads to the gas chambers and the to practice their religion and conduct their business like everyone else; the President ical attack on the President. That is killing fields.’’ unfair to the program, unfair to the ‘‘The dislike of the unlike.’’—the tendency said it was their right all along—so it of people to divide the world into ‘‘us’’ and couldn’t be taken back arbitrarily if some- President, and it is unfair to the Re- ‘‘them’’, and then treat with suspicion or one in power changed his mind. That’s publicans who spent years promoting even hatred those who look different, or talk what’s so important here. these reforms. different, or have funny names, or strange When they sought Washington’s assurance Five years ago, I teamed up with customs. of their right to practice their religion, to be David Durenberger, then a Republican Those words—‘‘the dislike of the unlike’’— free from government persecution, to be treated like all citizens of this country, the Senator from Minnesota, in proposing perfectly capture the essence of what has to shift to a direct loan program with plagued all mankind—not just Jews—since Jews of Newport were not just achieving time immemorial. something for themselves. They established income-based repayments for all stu- What we see is that, again and again, peo- a percedent which applied to every other re- dents who desire it. We proposed using ple can get along for decades on the surface. ligion. And a year later, that precedent was the billions saved with that proposal to But when society is placed under stress, codified in the Bill of Rights as the First restore the buying power of the Pell when it’s confronted by war, or famine, or Amendment to the Constitution. Grant Program, which has suffered plague, or economic collapse, people turn on And look at what we’ve gained. Look at from years of underfunding. those who aren’t quite like them. They look what that freedom from oppression has en- for something or somebody to blame—and abled America’s Jewish citizens to con- The loan reforms we put in our bill then they take out their fear and frustra- tribute to this country during the last two were not original. They were borrowed, tions on them. For Europe’s Jews, that cycle centuries. Art, education, music, science, lit- with a few minor changes, from Rep- was all too familiar. erature, religion, business—the list goes on resentative TOM PETRI, a Republican And if it could happen there, could it ever and on. The political and community in- from Wisconsin with conservative cre- happen here? Clearly, there are a handful of volvement of America’s Jewish citizens— dentials, with whom you and I served, people in every society, in every country, across the entire spectrum of issues and Mr. President, in the House. who are capable of monstrous evil, even mur- views—is absolutely remarkable. The philan- My colleague, Senator AL D’AMATO, der on a massive, organized scale. There is thropy of America’s Jewish community has no question in my mind that such people aided those less fortunate out of all propor- now the head of the National Repub- exist in America today. But the difference is, tion to their numbers. The Jewish commu- lican Senatorial Committee, cospon- I don’t see that ever happening here. We are nity has strengthened and enriched the intel- sored the Petri plan in the Senate. Re- different. And because of that difference, I lectual and economic and political fabric of publican support for direct lending was don’t believe American society could ever American life to an extraordinary degree. broad. Original cosponsors of the Petri allow that handful of evil men to work their Today, we have the opportunity to rejoice legislation included my House col- in the success of the Touro congregation to will. We wouldn’t put up with it. And the league from Illinois, JOHN PORTER, now be treated like any other citizens, and to cel- reason I think that we are so special—that the chairman of the appropriations we are protected from that kind of evil—has ebrate in the wisdom of George Washington a lot to do with why we are here today. and the other founding fathers, who realized subcommittee that handles education, Let’s be very clear. Religious freedom that our diversity did not have to breed hate and three Members who have now wasn’t always the norm in colonial America. and suspicion and discrimination, that our joined us in this body: Senator RICK

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10050 CONGRESSIONAL RECORD — SENATE September 9, 1996 SANTORUM, Senator JAMES INHOFE, and Is it the program that can be audited vate investors, no State funds that Senator BEN NIGHTHORSE CAMPBELL. or the one that requires taxpayers to contribute to the cost of the Federal Cosponsors also included the current give away money in the dark? loan program. Instead, the funds that Speaker of the House and spanned the Is it the one with or without costly they ‘‘share’’ with us are the funds that Republican spectrum from SUSAN MOL- conflicts of interest that threaten bil- we give them; entitlements such as a INARI to DANA ROHRABACHER. Their lions in lost taxpayer dollars? percentage of the student’s loan, 27 support did not stop at cosponsorship. If we change the chart here, you will percent of any defaults they collect, Thirty-three Republican House Mem- see at the bottom obviously this is the and administrative payment, and on bers wrote to President Bush urging one that Congressman PETRI and Sen- and on. It is like your child saving up him to make direct lending part of his ator Durenberger and others of us have his allowance to pay a small part of the domestic agenda. They argued that Re- proposed and is now in effect on about cost for a new bicycle. It is a nice exer- publicans—and I am quoting: ‘‘should 1,700 campuses that really makes sense. cise, but the money really all comes be advancing our own innovative, cost- Mr. President, strange as it may from your pocket. effective solutions’’ to help the middle seem, the program that the Republican It is true that the amount we pay to class pay for college. platform has labeled ‘‘perverse, big the banks and middlemen is lower than But after President Clinton proposed Government,’’ is the one that has fewer it was before 1983. But it is lower only their innovative, cost-effective solu- Government employees, no entitle- because direct lending forced the lob- tion, many of those Republicans be- ments to middlemen, uses competition byists to admit that they were fleecing came silent, or worse, opposed their to set prices, and rewards only the taxpayers and students. own proposal. The basic policy did not good performers. For 25 years the banks and student change. It was pure partisan politics. Congressman TOM PETRI warned his loan middlemen kept asking Congress The Republican party platform ratified Republican colleagues last September for more subsidies, more entitlements, last month included the following two that they were going down the wrong and less risk. Congress had little choice sentences: road. Let me repeat what he had to but to comply. No elected official Congressional Republicans budgeted a 50 say. This is Congressman PETRI talk- wants to risk students not getting percent increase in student loans while fight- ing. loans. The banks and middlemen told ing Bill Clinton’s intrusion of Big Govern- If at the end of this whole process we do us that to cut the subsidies would risk ment into their financing. Heeding the out- kill off direct lending, President Clinton and loan access. cry from the nation’s campuses, we will end others will tell the American people that the As recently as 1991, the banks warned the Clinton Administration’s perverse direct Congress, under Republican control, shut that some borrowers could lose access lending program. down a conservative reform effort that was to loans if Congress did not increase That is the end of the quote from the good for students and schools in order to the return to lenders. Republican platform. keep the gravy flowing to powerful special Mr. President, the program that was interests. And that argument will resonate Until President Clinton proposed a innovative and cost-effective when it with the American people because it was viable alternative to the Government right. was a Republican idea somehow be- guarantee program, there was no safe came perverse and an intrusion of Big Mr. President, I would like to take a way to call the bluff. The Republican Government—with a capital ‘‘B’’ and a few moments to describe to my col- platform’s plan to eliminate direct capital ‘‘G’’—when President Clinton leagues how the Government guarantee lending would return us to that time decided to promote it. program really works. The banks and when we had no choice but to follow or- Mr. President, I want to respond to Sallie Mae like to brag they now share ders from the banking industry, the these statements. And I speak not only the risk of defaults of the student loan guaranty agencies, and their lobbyists. for myself. Members should know that program because they are reimbursed This leads me to some questions every national higher education asso- 98 percent rather than the 100 percent about the Government guarantee pro- ciation and student group that has they insisted was necessary before di- gram: taken a stand supports direct lending. rect lending came along as an alter- Why do we pay banks 3.1 percentage If there is any outcry on college cam- native. points over the Treasury rate? Not be- puses, it is for the reforms that Presi- That 2 percent is a nice contribution, cause of any market competition that dent Clinton has championed, not but it is also deceptive. A bank that led to the price, not because of any against them. makes a loan of $1,000 is guaranteed, by study by economists, but because that I have a chart here that compares the the Government, not just $980, but also is what the lobbyists said the industry old Government guarantee program full interest on the $1,000 at a rate 3.1 could live with. with the direct lending. I ask my col- percentage points above the Govern- Why do we pay guaranty agencies 27 leagues to look closely and tell me ment’s cost to borrow. That is set by us percent of any defaulted loan they col- which program is the so-called per- in Congress. Some of these bankers lect? Incidentally, that is an encour- verse, big Government system that the who denounce welfare for poor people agement to default. We subsidize that, Republican platform would eliminate. will end supporting this welfare for not because of competition, not be- Is it the program on the left, with bankers. If it cost us 5 percent to bor- cause of careful study, but because the fewer than 500 Government employees, row, we pay them 8.1 percent every lobbyists told us that was the right or the one on the right with more than year. Then they offer to absorb 2 per- number. 2,500 Government employees? cent of any loan that defaults. Why did last year’s appropriations Which is big Government? So if interest is included, what is the bill require the Education Department Is it the one that uses competition to real guarantee? After 4 years of col- to pay $176 million to guaranty agen- determine how much to pay private- lege, the Government, which will have cies on top of the more than $1.8 billion sector participants or the one in which paid about $324 in interest on $1,000, in Federal funds they already hold? Be- Congress sets the prices? then will reimburse $980 of the default, cause that is what the lobbyists said Is it the one where a low default rate for a total payment to the bank of they wanted. I could go on and on. is rewarded or where more defaults can $1,304. The real Government guarantee Mr. President, is this any way to run bring more money to middlemen? is more than 130 percent, not the 98 a program? Instead of lobbyist-set Mr. President, which is ‘‘perverse’’? percent that they advertise. rates, why not use auctions to deter- Is it the program that uses taxpaying What about all those guarantee agen- mine how much we should pay to get private-sector companies and investors cies, the middlemen in the Government capital for student loans? That is di- or the one that gives away tax sub- guarantee system? They claim that rect lending. sidies? And again, you have these com- they are the Federal Government’s Rather than Congress setting the parisons here. partner, sharing the risk of loan de- rates, why not use competition to de- Is it the one that chooses contractors faults. termine how much to pay the loan col- based on performance or the one in Mr. President, that has not been true lectors? That is direct lending. which Congress gives entitlements to since 1976. These guarantee agencies Why not give all borrowers a wide va- middlemen regardless of performance? have no private contributors, no pri- riety of repayment options instead of

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10051 leaving their options up to the whim of now have the option. That is what we Mr. KENNEDY. Mr. President, I ask whatever secondary market happened want to keep. unanimous consent that the order for to purchase their loan from the bank? Next, there came the haven for de- the quorum call be rescinded. That is direct lending. I might add, di- faults claim. Long-time opponents of The PRESIDING OFFICER. Without rect lending is open to every student direct lending held a press conference objection, it is so ordered. while in the old system you have to be to announce a rush of high-default Mr. KENNEDY. Mr. President, as I below a certain level of income. schools into the direct loan program. understand it we are on general de- Why not provide the funds through They pointed to several shady trade bate? the same system that delivers Pell schools but failed to point out that the The PRESIDING OFFICER. Yes. grants, work-study and other student schools, under the law, had to already Mr. KENNEDY. Is there a time limit aid rather than confusing schools, par- be participating in the Government on morning business? ents, and students with a plethora of guarantee program. Still, they per- The PRESIDING OFFICER. There is agencies, offices, and forms? That is sisted in their claims for as long as no a 10-minute time limitation. the simplicity that direct lending pro- data were available to refute them. Mr. KENNEDY. I ask unanimous con- vides. In March, the data arrived. That lie sent to be able to speak for 20 minutes. What about savings for taxpayers? A was put 6 feet under. The truth is that The PRESIDING OFFICER. Without few direct loan opponents have implied schools in the direct loan program last objection, it is so ordered. that direct lending never was cheaper year had a lower average default rate f than the Government guarantee pro- than those in the guarantee program. gram. That is just plain nonsense, and THE REPUBLICANS’ RECORD ON More data on the performance of the EDUCATION AND MEDICARE it is easy to see why. Everyone agrees two programs at similar schools is still that the 1993 reforms forced several bil- to come. Mr. KENNEDY. Mr. President, al- lions of dollars of reduced subsidies in Mr. President, over time, every alle- though Republicans in Congress claim the Government guarantee system. gation made by the industry has turned to support education, they cannot es- Now, according to the Senate Budget out to be misleading or just plain cape the record of harsh education cuts Committee, the cost of the two pro- groundless. proposed by the Republican majority in grams are virtually identical. By defi- I have said very little about students. Congress, led by NEWT GINGRICH and nition, if the cost of the Government They, after all, are the reasons that Bob Dole. Just this past weekend, guarantee system has come down and these programs exist. How have they Christiane Valfour, a college student at now matches direct lending, then di- been helped by the Student Loan Re- the University of Pittsburgh, chal- rect lending must have been cheaper. form Act proposed by President Clin- lenged Bob Dole to explain why Repub- In fact, the cost of the direct loan ton and enacted by the Congress in licans in Congress pushed for deep program has been overstated for a vari- 1993? budget cuts in Federal student aid last ety of reasons that I have explained in I touched briefly on the repayment year. Candidate Dole’s response was si- detail previously in the RECORD, in- options. Direct lending makes a wide lence. When the student asked why cluding the choice of discount rates, variety of repayment options available Dole opposed the highly successful di- the cost of tax-exempt bonds used by to any borrower. Borrowers can even rect student loan program, again, can- secondary markets but not in direct choose to make payments that vary ac- didate Dole was at a loss for words. lending, and the handling of conflicts cording to their post-college income. It is no surprise that Bob Dole de- of interest and other costs of the Gov- That is critical, as students are in- cided to take the fifth amendment on ernment guarantee system. Not only creasingly relying on loans to finance education. In fact, anything he said was direct lending cheaper 3 years ago their continuing education. would incriminate him. The truth is when the loan industry was forced to USA Today reported that the direct that candidate Dole supported the Re- ante up, but it is still cheaper today. publican budget last year that pro- Whether you agree with the Repub- loan program’s ‘‘simplicity has proved posed the largest education cuts in the lican staff of the Budget Committee or hugely popular at colleges across the country.’’ In the Government guar- Nation’s history. That Republican with Congressman TOM PETRI or PAUL antee program, the maze of agencies, budget also capped Direct loans for col- SIMON, there is no question that the lege students, denying the opportunity 1993 student loan reforms have saved lenders, and purchasers often cause for over a thousand schools to choose billions of dollars for taxpayers be- confusion, delays, and errors. They are the loan program that provides the cause of the efficiency of direct lend- not only frustrating but costly to col- ing. leges and students. best service and lowest fees and other Mr. President, millions of dollars As millions of college students begin costs to their students. have been spent in lobbying to sully di- this academic year, one of the things I commend to all the Members the rect lending, and there are two other that is foremost on their minds is excellent presentation that was made charters to which I have not yet re- money. Whether they participate in by our colleague and friend from Illi- sponded. First, there was the cost- the direct loan program or the guar- nois, Senator SIMON, on this issue. He shifting scare. Before direct lending antee system, the changes that were has been a strong leader in support of had a track record, Sallie Mae provided enacted in 1993 will send students this the direct loan program. colleges with sophisticated-looking week back to their dorm rooms with Candidate Dole and the Republicans analyses showing that direct lending $650 million more than any would have in Congress are desperately trying to would cost the average college an addi- had otherwise. In other words, $650 mil- run away from their slash-and-burn tional $219,000 to administer each year. lion savings this school year to stu- record on education. But the American Banks and middlemen also got into the dents because of the direct loan pro- people won’t be fooled. They know in- fray, hiring a CBO Director to say that gram and because the old guarantee vesting in education is important to costs were being shifted to schools. Of program has been forced to come down the Nation’s future, and they won’t be course, colleges were concerned. in its expenditures because of direct deceived by the Republican claims that But time has erased all those claims. lending. That savings would never have pretend to support education, while Direct lending turned out to be exactly happened without the leadership that cutting the heart out of the investment the opposite of the Sallie Mae scare President Clinton and Congressman that is needed to give education the tactic. Colleges saved money through a PETRI, Senator David Durenberger, and priority it deserves. welcome relief from excess paperwork Senator TED KENNEDY showed in stand- In communities across America, it is and redtape. In your State of Colorado, ing up to the special interests and pro- back to school time, back to classes, Mr. President, the State auditor found moting the direct lending. back to homework, back to parent- that direct lending in the first year re- I suggest the absence of a quorum. teacher meetings, and back to pre- duced costs by $325,245, at two of the The PRESIDING OFFICER. The paring pupils for the future. State’s universities. clerk will call the roll. It is also back to crowded class- That is why 1,700 schools have now The bill clerk proceeded to call the rooms. Secretary of Education Richard joined the direct loan program. Schools roll. Riley has called this school year the

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10052 CONGRESSIONAL RECORD — SENATE September 9, 1996 ‘‘baby boom echo.’’ Student enrollment President Clinton demonstrated a com- education funding again this year, cut- will reach an all-time high of 52 mil- mitment to these priorities by getting ting education by $1.5 billion from the lion, surpassing the 1971 record of 51 us back close to the 1995 appropriations fiscal year 1995 level in the House ap- million. levels. propriations bill for 1997, which begins Here in Washington there is a dif- Notice what has happened this year. October 1. The label fits and sticks. ferent echo—the echo of the education- In the 1997 appropriations, the House of This Republican Congress—the Ging- cutting Republican Congress. Last fall, Representatives has cut education rich-Dole Republican Congress—is the the Republican Congress—led by funding by more than one billion dol- most antieducation Congress in the Na- Speaker NEWT GINGRICH and former lars from last year’s agreement. When tion’s history, bar none. majority leader Bob Dole—proposed they are able to get their hands on it, We know that when we ask and ex- the largest education cuts in U.S. his- they go right back down to $1.5 billion pect more of children, they achieve tory. Democrats fought these harsh in the House appropriations bill. more. More students than ever are tak- cuts at every turn, because we believe The Senate appropriations bill will ing harder courses. SAT scores are up. in education as the key to the door of be marked up soon. So, hopefully, we But Republicans don’t get it. They the American dream. will have an opportunity to address tried to zero out Goals 2000 in the fiscal Republicans proposed to cut $3.7 bil- this issue. But if we are not assured year 1996 appropriation, but we stopped lion in education last year. That pro- that we are going to consider the edu- them. In the fiscal year 1997 proposal, posal failed because the American peo- cation appropriations, others are going the Gingrich House Republicans again ple would not stand for deep cuts in to offer amendments to restore edu- zeroed out funding for Goals 2000, education funding. But the Republicans cation funds on the next appropriations which is helping 5 million school- refused to listen. They insisted on pro- bills that come before the Senate. We children achieve higher standards of posing similar cuts in education fund- can’t take a chance on the funding of learning. ing in a series of short-term spending education—not that money in and of The Goals 2000 Act was passed with bills. itself guarantees improvements in edu- bipartisan support both in committee Last January, I offered an amend- cation. It does not. But it is a reflec- and on the floor of the U.S. Senate. ment to one short-term spending bill tion of the Nation’s priorities. Ninety percent of Goals 2000 funds go that would have restored full funding That is what we are talking about in to the schools at local level to give as- to education—$3.1 billion. But the Re- this debate; let’s strengthen the pro- sistance to schoolteachers, to parents, publican leadership blocked the meas- grams in various priority areas. We and to citizens involved in their com- ure. Even when a majority of the Sen- heard earlier today of the excellent munities, who want to enhance stu- ate—51 Senators—supported the work that was done with the leadership dents’ academic achievement. Goals amendment, the Republican leadership of Senator SIMON, Senator BRADLEY, 2000 has been zeroed out. Unfortu- used a procedural trick that required 60 Senator DURENBERGER, a bipartisan ef- nately, I think it was zeroed out be- votes for passage—so education lost fort to move us toward the direct loan cause it was an initiative supported by again. programs. I welcome the opportunity President Clinton and his administra- Last April, prospective college stu- to join in that effort with the support tion. dents were desperate to know how of the President. We know that the use of advanced much financial aid would be available Thanks to the Direct Student Loan technology in education increases for the coming school year. Teachers Program, we have alternatives in the achievement and reduces dropouts. were receiving pink slips because college financial aid programs, as was Computers help teachers spend more schools were expecting huge cuts in pointed out by Senator SIMON earlier time with students and teach them their budgets. As the crisis deepened, today. Last year, Republicans in Con- more complex lessons. Classroom tech- Republicans in Congress abandoned 90 gress tried to eliminate the Direct nology helps prepare students for the percent of their harsh cuts and agreed Loan Program. They would have taken 21st century workplace. But the Repub- to education funding $400 million below away a good alternative for young peo- licans don’t get it. In fiscal year 1996, the 1995 level. It took the Republicans ple to pay for college. they tried to zero out the Star Schools 9 months to learn what American fami- Nonetheless, I think is important to Program, but we successfully fought to lies already knew—education is the clarify what happened in last year’s restore the funding. In their fiscal year key to America’s future and must be a battle over education funding. This 1997 proposal, the Gingrich House Re- high national priority. past weekend, one of our colleagues, publicans again zeroed out the Star Throughout the past year, the Amer- who was answering a question from Schools Act, which helps bring schools ican people have consistently said ‘‘no’’ Christiane Valfour in Pennsylvania at into the information age. They cut $27 to education cuts and ‘‘yes’’ to doing the University of Pittsburgh, denied million from the President’s budget for more to see that every child gets a de- the Republican education costs. She technology challenge grants, which cent education and can afford to go to challenged Bob Dole to explain why the help bring computers into classrooms. college. Republicans proposed massive edu- I wish some of our Members had the I might point this out, Mr. President, cation cuts in their budget, and he was chance to visit some of the Star on this chart, to give you a better idea speechless. Then a Republican Senator Schools Programs I have visited. I re- of what these cuts were. If we take the came up and said that she was com- member several years ago visiting an 1995 appropriations—and this is after pletely misinformed, and that the Re- excellent Star Schools Programs in the the rescission of several hundreds of publicans had not cut education. It is State of Mississippi. Senator COCHRAN millions of dollars—$3.7 billion was cut important as we enter into the final has been interested in distance learn- from education in the House appropria- days of this Congress, as we make our ing for a long time. We found that in a tions bill for fiscal year 1996. In the final judgments on the issue of higher number of schools throughout Mis- continuing resolution $3.1 billion was education and also elementary and sec- sissippi and the South students were cut from education as compared to the ondary education, that we understand taking classes in advanced calculus and 1995 appropriations level. In the 1996 exactly what has been done. advanced mathematics. These classes omnibus appropriations agreement— Now, as we begin a new school year, were not available within their par- the final agreement that was made—we teachers are teaching more students ticular communities, but the Star cut $400 million from education. This than ever before. Communities are Schools connections allowed them to agreement was made with the Presi- fighting to prevent youth drug use and work with some of the best teachers dent after the Government shutdown. crime. Schools are trying to equip that exist, both in Mississippi and in The education cut was reduced to just classrooms for the 21st century. But other Southern Communities. Star $400 million less than the 1995 appro- the elephant never learns. Instead of Schools programs bring high-level priations as a result of the President helping schools and children to prepare courses to many students who would talking about the importance of edu- for the future, Republicans in congress not have the opportunity to take these cation, Medicare, and the environment, are bent on repeating the past instead challenging classes in their local which are high national priorities. of learning from it. They have slashed schools. It was enormously impressive.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10053 This is just one example of the impor- GINGRICH and their Republican col- not intend to bring the education ap- tance of bringing the newest tech- leagues cannot escape their propriations bill before the full Senate nology that is available into our antieducation record. for final action before the election. One schools. Nonetheless, Republicans have President Clinton is the education way or another, either on the con- cut education technology programs in- President. He has fought hard and suc- tinuing resolution or on other legisla- cluding Star Schools and also tech- cessfully to block the Republican cuts tion, the Senate should vote on this nology challenge grants. in education funding. His budget for vital issue so the American people We know that communities, schools, the coming years is a budget that in- know where we stand. and families are working hard to pre- vests in education. While Republicans American families want good schools vent youth crime and drug use. But Re- want to subtract $1.5 billion from edu- and affordable college education. They publicans don’t get it. They tried to cation, the President wants to add $2.8 want a brighter tomorrow for their slash the funding for the Safe and billion. That is the right priority for children, and they will not let an edu- Drug-Free Schools Act by 60 percent in Congress, and the right priority for cation-cutting Republican Congress fiscal year 1996, but we didn’t let them. America. hold them back. In their fiscal year 1997 proposal, the As this chart shows, the House Re- Republican priorities are also too ex- House Republicans cut $25 million from publicans want to cut education by $1.5 treme with regard to Medicare. Time the Safe and Drug-Free Schools Act, billion this year, and the Senate Re- and again Republicans in Congress the only Federal Program dedicated to publicans are continuing the battle in have sought to slash Medicare in order providing funds to schools to combat terms of cutting education funding. to pay for irresponsible tax breaks for drug use and violent behavior. Mr. President, the fact remains that the wealthy. Even in the Human Resources Com- over the period of the last Congress, Medicare is a compact between the mittee during the last Congress, the 1992 to 1994, a series of education pro- Government and the people. It says, Drug-Free Schools Program was effec- grams were enacted. We passed a reau- ‘‘Pay into the system during your tively wiped out, and the funding was thorization of the Head Start Program. working years, and we will assure that transferred to a youth block grant pro- In this act, we extended the Head Start you have affordable health care in your gram. But it was one of a number of education programs to include training retirement years.’’ different programs that would be avail- programs for expectant mothers, and Today’s senior citizens built the able to young people, depending on the we expanded the early intervention country. They worked hard, raised decisions of the various Governors. At programs. their children, stood up for America the time, we made a decision that Then we passed the Goals 2000 Act to during depression and war, and now it schools needed to have some consistent challenge students to a greater degree is America’s responsibility to stand by support across this country in terms of and bring out the best in students. The them—to guarantee that affordable drug-use prevention and violence pre- purpose of Goals 2000 is to provide addi- medical care will be there for them vention activities. So we passed the tional funding to local school districts when they need it in their retirement Safe and Drug-Free Schools and Com- so that teachers, school committees, years. munities Act. In this current appro- parents, the business community, and You would think that these are prin- priations bill, Republicans in Congress other community activists who want ciples that every American supports, continue to reduce support for safe and to improve their local schools, would but not Bob Dole, not NEWT GINGRICH drug-free schools. have flexibility to develop new initia- and the Republicans in Congress. NEWT The appropriations for education tives in terms of curriculum, in terms GINGRICH says he wants Medicare to funding are going to be acted on by the of the time students spend in class, and wither on the vine. House majority Senate this week. It is important, since in terms of additional training for leader DICK ARMEY has said Medicare is the budget is an indicator of national teachers. A number of communities a program he ‘‘would have no part of in priorities, that we understand exactly have used Goals 2000 funding to develop a free world.’’ And last year, Bob Dole what is before the appropriator and local initiatives to improve student said again that he is proud to have what will be before the Senate and be- achievement. voted against Medicare when it was fore the American people. I believe We also passed the School-to-Work first enacted. He told the American that most Americans think that edu- Program to address the particular edu- Conservative Union, ‘‘I was there, cation programs deserve a strong na- cational challenges that exist for the fighting the fight, voting against Medi- tional investment. three out of four high school graduates care, 1 of 12, because we knew it We know that half of all college stu- who do not go on to a 2- or 4-year col- wouldn’t work. * * *’’ dents need financial aid to go to col- lege and receive a college degree. The The Dole-Gingrich Republican budget lege. Three-quarters of all student aid purpose of the School-to-Work Pro- last year would have slashed Medicare comes from the Federal Government. gram was to give these students the op- by an astounding $270 billion. Medicare Between 1985 and 1994, the average cost portunity to obtain job skills and addi- premiums would have doubled. Medi- of attending college rose by 39 percent tional educational training that could care deductibles would have doubled. while the median family income rose help them have more useful, productive The age of eligibility for Medicare by only 1 percent. College graduates lives. The School-to-Work Program, would have been raised. Elderly couples earn almost twice what high school which has been supported by Repub- would have paid an additional $2,400 in graduates earn and nearly three times lican Governors as well as Democratic increased premiums alone during the what high school dropouts earn. But Governors, was, effectively, going to be budget period. Republicans do not get it. In fiscal year terminated on the job training bill Republicans pretend that they are 1996, their attempts to eliminate the which we considered in conference not cutting Medicare, just slowing its funding for Perkins loans and the sup- committee. We should not terminate rate of growth. But every American plemental State incentive grants this important program, and we cer- family knows that if your wages do not failed. In their fiscal year 1997 pro- tainly should not terminate it just be- keep up with inflation, your living posal, the Gingrich House Republicans cause it was developed by President standard is cut. Every family knows again zeroed out funding for Perkins Clinton. that if Medicare payments do not keep loans, which helped more than 700,000 So, Mr. President, we have seen in re- up with the cost of medical treatment, students go to college last year. And cent times, when we are talking about senior citizens’ health care will be cut. they again eliminated the supple- the funding of those programs, support And every family knows that if Medi- mental State incentive grants, which for those programs, a dramatic reduc- care deductibles are doubled, if Medi- helped over 1 million students attend tion in those programs, and a number care premiums are doubled, and if college. of those programs have actually been Medicare eligibility is postponed, your In the coming weeks, we will hear zeroed out. Medicare has been cut. Republicans claim that they support It is increasingly clear that our Sen- Abraham Lincoln once said, ‘‘You education, schools, children, and teach- ate Republicans are so embarrassed by can fool some of the people all of the ers. But candidate Dole and Speaker their antieducation record that they do time, you can fool all of the people

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10054 CONGRESSIONAL RECORD — SENATE September 9, 1996 some of the time, but you can’t fool all Now Dole has proposed a $681 billion civil rights of gays and lesbians. Sen- of the people all of the time.’’ Our Re- tax cut. We ask him, all right, spell it ators on both sides of the aisle have ex- publican friends seem to be counting out, where are you going to cut spend- pressed strong support for the Employ- on fooling enough of the people enough ing? We cannot get an answer out of ment Nondiscrimination Act. We will of the time until November 5—but they him. And what should the American vote tomorrow afternoon on that legis- are not going to succeed. people expect? They ought to under- lation. I am very hopeful that the Sen- The Dole-Gingrich attack on Medi- stand those cuts will be coming out of ate will support it. care went even farther. In cahoots with Medicare. If the cuts don’t come out of Last Friday, I reviewed the progress the private insurance industry, their Medicare, they will come out of other we have made as a country and as a so- scheme was designed to force senior domestic programs like education. If ciety to free ourselves from discrimina- citizens to give up Medicare and join he doesn’t cut Medicare, the Dole tax tion. I spent a brief period of time re- HMO’s or private insurance plans. The cut plan would require massive unspec- viewing what I think has been the Republicans said that their proposal ified cuts in domestic investments. If enormous progress that this country was meant to offer greater choice, but Bob Dole says no, it is not going to has made to eliminate discrimination— senior citizens know that slashing come in Medicare; it is not going to at least to the extent we could elimi- Medicare in order to divert billions in come in defense; it cannot come in in- nate such discrimination through legis- profits to private insurers is no choice terest on the debt; where else can he lation. After all, by including slavery, at all. cut? Domestic investments. we enshrined discrimination in the Republicans claim that President The President is trying to hold harm- Constitution of the United States. We Clinton and the Democrats are using less the domestic investments, particu- fought a civil war in the 1860’s on this scare tactics on Medicare. But the larly in education and in basic research issue but it was not until, I believe, Dr. American people know better. In fact, in health care. He has indicated edu- King led a great movement in the late the cost of the lavish new tax breaks cation, the environment, Medicare 1950’s and the early 1960’s, that the Na- that Senator Dole is proposing will were the three priorities. tion was truly challenged to eradicate make even deeper cuts in Medicare Here is the difference in this chart, discrimination. Dr. King, using the phi- more likely. where the President’s balanced budget losophy of nonviolence, drew together Under the Dole-Gingrich plan last program is. Here is the Republican pro- Republicans and Democrats, business year, the Republicans proposed a 7-year gram for the cuts. If we were to enact and labor, as well as church leaders all tax cut of $245 billion, paid for by $270 the Dole tax cut, and if we were to ex- over the country, to begin a very im- billion in Medicare cuts. Under the cur- clude the Medicare from cuts, exclude portant antidiscrimination grassroots rent Dole economic plan, the tax cut is defense, exclude the interest on the effort. We made very substantial $681 billion over 7 years, almost three debt, then all other discretionary do- progress. times as large as last year’s tax cut. mestic spending would be cut from $254 On Friday, I pointed out the achieve- What about the Medicare cut? It is billion down to $158—40 to 45 percent in ments of the Civil Rights Act of 1957, fair to ask where the cuts are going to real cuts. Those are cuts in education, the Civil Rights Act of 1964, the Voting come from. But still we have silence by NIH research, the fuel assistance pro- Rights Act, and the Fair Housing Act Bob Dole on where the cuts are going grams for elderly people, and legal of 1968. Furthermore, in 1965 we to come from. I say to anyone who service programs. changed the immigration laws, elimi- cares about Medicare, you better keep Next year, the Congress and the nating the national origin quota sys- tuned because, as we have seen, Bob President will need to take serious tem that determined which immigrants Dole supported the tax cut of $245 bil- steps to deal with the very real finan- would be able to come to the United lion and the Medicare cut of $270 bil- cial problems in Medicare. The choice States. We eliminated the Asian-Pa- lion. Now he is proposing a $681 billion in this election is clear. A Democratic cific triangle that restricted Asian im- tax cut, and he is silent. You can bet President and a Democratic Congress migration to 125 Asians a year, which your bottom dollar that there are will address that challenge in a way was really a throwback to the period at going to be significant cuts in Medi- that protects senior citizens and im- the turn of the century known as the care. proves and strengthens Medicare. A Re- ‘‘Great Period of the Yellow Peril.’’ A You do not have to be a mathe- publican Congress and Republican period of great sadness and discrimina- matical genius to understand that if President will put senior citizens and tion. you have to pay for a tax cut three Medicare at risk. I believe the Amer- We made progress on race. We made times as great, your Medicare cuts ican people share our Democratic com- progress on ethnicity, religion, and na- would be even greater than in the Re- mitment to the Nation’s senior citi- tional origin during that period of publican plan last year. Bob Dole is no zens, and they will vote accordingly on time. We also made progress with re- friend of Medicare and neither is the November 5. gard to issues of gender. We did not Republican Party. Mr. President, I suggest the absence pass the equal rights amendment. We The Dole-Gingrich Republican plan of a quorum. did not say there were ‘‘founding moth- for Medicare makes a mockery of the The PRESIDING OFFICER (Mr. ers’’ as well as Founding Fathers, but family values they claim to support. I KEMPTHORNE). The clerk will call the we took a series of steps that moved us want to point out, on this issue, what roll. in a very important and significant happened before the election of 1994. In The bill clerk proceeded to call the way toward recognizing the full rights 1994, Majority Leader Bob Dole said, roll. of women in our society. That was ‘‘President Clinton and Vice President Mr. KENNEDY. Mr. President, I ask enormously important. GORE are resorting to scare tactics . . . unanimous consent that the order for Some 6 years ago we passed the falsely accusing Republicans of secret the quorum call be rescinded. Americans With Disability Act to as- plans to cut Medicare benefits.’’ That The PRESIDING OFFICER. Without sert that having a disability does not is the statement he made in 1994, be- objection, it is so ordered. mean a person is unable, even though fore the last election. And Haley Mr. KENNEDY. I ask unanimous con- for the better part of our Nation’s his- Barbour said, ‘‘The outrage, as far as I sent to proceed for 20 minutes without tory they suffered from discrimination. am concerned, is the Democrat’s big lie interruption. Just a few nights ago under the bi- campaign that the Contract With The PRESIDING OFFICER. Without partisan leadership of Senator DOMEN- America would require huge Medicare objection, it is so ordered. ICI and Senator WELLSTONE, we began cuts. It would not.’’ After the election, f to take the first steps to include men- they proposed $270 billion in Medicare tal health in American health care con- cuts. Bob Dole said no, there would not EMPLOYMENT siderations. We have long recognized be any cuts. Haley Barbour said no, NONDISCRIMINATION ACT the challenges that cancer, heart dis- there would be no cuts, and then the Mr. KENNEDY. Mr. President, last ease, diabetes, or other illnesses pro- Republicans in Congress proposed $270 Friday the Senate began an important vide for us, but we have been extremely billion in Medicare cuts. debate on legislation to protect the reluctant as a society to understand

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10055 that there are also diseases that affect ployment discrimination based on sex- These cases very closely resemble the the mind. Mental health is an area that ual orientation—they will support it. I pervasive and flagrant discrimination needs attention, recognition, and re- believe this because 66 Senators and 241 directed toward racial and ethnic mi- spect, for those that are dealing with Members of the House of Representa- norities, women, and people of various those challenges. We made a very small tives have agreed with the following religious creeds. All we would have to step but not an unimportant step to principle: ‘‘Sexual orientation of an in- do is reference the hate crimes legisla- move beyond the types of discrimina- dividual is not a consideration in the tion to see that such crimes are in- tion confronting those with mental hiring, promoting, or termination of an creasingly directed toward gay Ameri- health illnesses. employee in my office.’’ cans. Tomorrow, we have an opportunity If we are able to get that kind of re- Discrimination against gay and les- to see whether we as a country are pre- sponse in the U.S. Senate tomorrow, bian people for characteristics they pared to free ourselves from discrimi- people will have made a very, very im- don’t control or reflect their deep per- nation toward gay men and lesbian portant contribution to making Amer- sonal identity, that are irrelevant to women. I will make the point tomor- ica, America. There are 66 Members of their ability to do their job, and that row, when we have greater attendance, the Senate, some 241 Members of the provoke irrational animus among some that I daresay there are no Members in House that are effectively saying that of their coworkers is the classic case the Senate that would say we should discrimination based upon sexual ori- for Federal intervention. repeal the Civil Rights Act of 1964; or entation is wrong. Here is a clear state- The current patchwork of protection those who will say ‘‘no,’’ we should not ment that these Senators know that for gays and lesbians—laws in nine permit women to play sports; or, ‘‘no,’’ there is a lot of stereotyping and a lot States, executive orders in eight we want a retreat on the kinds of of exaggeration, and there are a lot of States, and ordinances in various cities rights we have been able to obtain for misstatements and misinformation re- and counties—is far from sufficient. those with disabilities; or let us go garding antidiscrimination policies. I might mention the various States back to the time when we found dis- When they were back in their offices and point out for the membership the crimination on mental health. and addressing this issue quietly and States that do provide protection. We On each and every one of these de- deliberately, 66 members were prepared also know that the majority of Ameri- bates and discussions we have heard ar- to say there should not be discrimina- cans support this legislation. We have guments that we do not need to take tion on the basis of sexual orientation this in a general poll, and opponents action at the Federal level, that if we in the consideration of hiring, pro- will have other types of polls. We will take action it will be an intrusion by moting, or terminating employees. We be glad to get into the battle of the the Federal Government, there will be will find out now whether they are pre- polls should that be necessary during a proliferation of that will clog the pared to take that belief, that state- the debate tomorrow. An overwhelming courts, and the legislation will lead to ment, that comment, and put it into majority of Americans do not believe all kinds of unintended consequences. reality by supporting our bipartisan that Americans in the workplace ought The fact of the matter is, Mr. Presi- legislation tomorrow. to be discriminated against on the dent, I think one of the most proud Mr. President, the main categories of basis of their sexual orientation; nine parts of our history has been that we discrimination under the Federal law States passed laws prohibiting employ- have been willing as a country and as a are race, gender, religion, disability, ment discrimination based on sexual society—and this has been true by Re- and age. Classifications not included in orientation; eight States have execu- publicans and Democrats—to make im- Federal law include personal appear- tive orders for gays and lesbians—those portant progress in moving us beyond ance, poverty, and level of education. could be altered or changed easily. And discrimination. In determining whether or not sexual 166 cities and counties have passed laws Tomorrow, when we vote, we will orientation should be added to the list prohibiting employment discrimina- have an opportunity to call the roll of federally protected classes, I ask my tion based on sexual orientation. Also, again, and hopefully we will continue colleagues to determine whether sexual 650 employers have nondiscrimination the march toward progress. I believe it orientation is more like those cat- policies that include sexual orienta- will demonstrate that Republicans and egories already covered by Federal law tion; the overwhelming majority of the Democrats alike are joining shoulder or those that have not received Federal Fortune 500, large and small compa- to shoulder to try and move this coun- protection. I think that is a question nies. That is what is happening across try beyond discrimination in the work- on the minds of some of our colleagues. the country. I will come back to how place. That is what we are talking It is a fair question and it needs to be many times these laws have actually about today—discrimination in the addressed. been challenged. Do these States have workplace. We are talking about My colleagues should consider the various laws that provide a series of skilled men and women that are pre- question of immutability. Doctors do challenges in the courts, and are they pared to play by the rules, to work not know exactly what causes one’s loading up the courts? They clearly are hard, and to be engaged in the work- sexual orientation, but the leading not. place, but confront discrimination far theorists, including conservatives such Congress has ample power under the too often. The sole reason they are los- as Judge Richard Posner and Prof. commerce clause and 14th amendment ing their jobs or being fired is because John Finnis, agree that sexual orienta- of the Constitution to enact civil of their sexual orientation. That is the tion is a feature of one’s personality or rights laws such as the Employment issue that is before us. This bill is lim- makeup and not a conscious choice. Nondiscrimination Act. That has been ited to workplace discrimination. It is Therefore, in this regard, it is more sustained—with regard to employment an issue that we are well familiar with. like national origin or religion. discrimination—repeatedly by the Our legislation prohibits job dis- Similarly, sexual orientation, like courts. crimination based on sexual orienta- race, gender, religion, national origin, America’s workers keep America’s tion. Some Senators have questioned disability, and age, is rarely, if ever, commerce moving. Discrimination in the need. What I have tried to do this relevant to one’s ability to perform in the workplace prevents the Nation afternoon is respond to some of the the workplace. Passage of the Employ- from reaching its full potential. As questions raised during the course of ment Nondiscrimination Act would sig- Paul Allaire, the CEO of Xerox said: the debate last week. I know we will nal congressional support for this tru- We strive to create an atmosphere where have additional points to be responded ism. all employees are encouraged to contribute to on tomorrow. Rarely do we see vicious assaults in to their fullest potential. Fear of reprisals on So, hopefully, if our colleagues re- the workplace against someone be- the basis of sexual orientation serves to un- view this legislation with open minds, cause of their weight or because of dermine that goal. Enhancing our work envi- ronment to prohibit discrimination on the as they responded to a questionnaire smoking or some other kind of activ- basis of sexual orientation has not added any when it was sent out to them—I remind ity. We are, however, well aware of the financial cost to our organization. Instead, the Senate that our colleagues re- vicious assaults, epithets, taunts, and we believe our philosophy and practice of sponded to a questionnaire about em- threats directed toward gay people. valuing diversity brings financial benefits to

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10056 CONGRESSIONAL RECORD — SENATE September 9, 1996 the workplace by encouraging full and open ability. Like age and disability, there Act. They believe that the religious ex- participation by all employees. is no reason for an employer to know emption in the bill appropriately pro- In other words, it is good business for the sexual orientation of an employee, tects religious liberty. The American companies to free themselves from dis- and that information is not required Jewish Committee, the Union of Amer- crimination and discriminating against under the Employment Nondiscrimina- ican Hebrew Congregations, the Evan- one particular group in a work force. tion Act. The act will not require em- gelical Lutheran Church, the Unitarian And that particular statement and ployers to submit information on the Universalist Association, United Meth- comment was made by many CEO’s. sexual orientation of their employees, odist Church, the United Church of I think most Americans would feel and the EEOC will not require it ei- Christ, the Anti-Defamation League, that we are a stronger economy and, ther. and the National Council of Churches most importantly, a stronger country Let me repeat that. This act will not have written: when we free ourselves from discrimi- require employers to submit informa- A general civil rights bill should not ex- nation and bigotry. tion on the sexual orientation of their empt individuals because those individuals Nothing in the Employment Non- employees, and the EEOC will not re- have reasons based on their religious beliefs discrimination Act condones unpro- quire it either. for discriminating. fessional conduct in the workplace. Adequate remedies for job discrimi- There is a substantial difference between a Employers may enforce evenhanded nation are important in order to deal business operating in the arena of commerce and a religious corporation which exists to rules. Dress codes for heterosexuals with violations of the civil rights laws. serve an explicitly religious mission. . . and homosexuals must be enforced fair- The remedies under the Employment There are profound differences in religious ly and equally across the board—that Nondiscrimination Act are entirely ap- perspectives on th[e subject of homosex- meets any available criteria as long as propriate. The act applies to clear uality]. Individuals are, of course, free to be- the rules are applied uniformly to both cases of discrimination cases involving lieve what they will. But this does not nec- heterosexuals and homosexuals. a smoking gun. Depending on the cir- essarily mean that they are free to discrimi- We have heard during the course of cumstances, a successful plaintiff nate on the basis of those beliefs. the debate—what will an employer do should receive appropriate relief—rein- Individuals who share these beliefs, if a gay person acts inappropriately. statement, back pay, compensatory including my Senate colleagues, are The answer is that there is no problem. damages, and even punitive damages in not bigots. There is a great deal of mis- A code of conduct can be enforced the most flagrant cases. information regarding homosexuals equally across the board, and should be Compensatory damages were capped and given that information, I recognize equally respected by the employees. We by the Civil Rights Act of 1991. Puni- that some of my colleagues have con- are not talking about creating special tive damages are awarded only in cases cerns about this legislation. I do be- rights. We are talking about freeing in which the jury finds that the em- lieve that as we learn from one another the workplace from discrimination on ployer acted with ‘‘malice or reckless and realize that many of our peers, the basis of sexual orientation. That is indifference to a federally protected friends, and family members are homo- it. right.’’ sexual, the misinformation will be re- Employers may clearly take appro- You have to be able to prove that placed with greater understanding. priate action, if employees violate there was malice or reckless indiffer- Until that time, however, we need leg- dress codes or other codes of conduct. ence to a federally protected right in islation like the Employment Non- The Employment Nondiscrimination order to be able to collect. discrimination Act. This simple, Act outlaws job discrimination in hir- Of the 284 EEOC cases settled by ju- straightforward bill will address the ing, firing, promotion, or compensa- ries since July 1993, compensatory re- egregious discrimination faced by so tion. As long as employers maintain a lief was awarded in only 59 cases and many gays and lesbians in the work- discrimination-free workplace and en- punitive relief was awarded in only 14 place. force policies that are sexual orienta- cases. The highest compensatory award African-Americans, Latinos, Asian- tion-neutral, they will not violate the was $450,000 and the average is Americans, native Americans, women, act. $38,418.74. The highest punitive award the elderly, the disabled, Jews, Catho- That is it; period. No matter how was $255,000 and the average is lics, and many other Americans know many times we state it, nor how clear $30,535.74. These awards include race what we are talking about here. I re- it is in the legislation, there will be and national origin discrimination member a time when it was said that a those that will misrepresent what this cases, and compensatory awards in Catholic could not be President. I re- legislation does. That is it, as I have those cases, unlike cases settled under member ‘‘Help Wanted’’ signs in stores stated earlier. the Employment Nondiscrimination when I was growing up saying ‘‘No In addition, the Employment Non- Act, are not capped. Irish Need Apply.’’ Thankfully, we discrimination Act clearly states that Some have expressed reservations have made a great deal of progress in ‘‘the fact that an employment practice about the Employment Nondiscrimina- ending that kind of racial, religious, has a disparate impact on the basis of tion Act because of religious objections and ethnic bigotry. The Employment sexual orientation does not establish a to homosexuality. But as Bishop Nondiscrimination Act is the next prima facie violation of the Act.’’ The Browning, presiding bishop of the Epis- great step on the American journey to bill cannot be more clear. Employers copal Church, has said: fulfill opportunity and freedom from have nothing to be concerned about on Since 1976, the Episcopal Church has been discrimination for all our citizens, and the issue of disparate impact lawsuits. committed publicly to the notion of guaran- I urge the Senate to enact it. The Employment Nondiscrimination teeing equal protection for all citizens, in- Mr. President, there is a statement Act, like the Americans With Disabil- cluding homosexual persons, under the law. that was made by a business when they Employment Non-Discrimination Act ex- ities Act, provides that the EEOC shall plicitly fulfills that mandate, and I urge fired Cheryl Summerville, a former have the same enforcement powers as Members of Congress to move swiftly to pass cook. ‘‘This employment is being ter- it has to enforce title VII. Employers this amendment, and the President to sign it minated due to violation of company do not have to keep any specific type of into law. . . policy. This employee is gay.’’ records. The EEOC simply requires My warm embrace of this legislation, of That says it all. That says it all. I re- that any records already kept must be course, reflects more than my standing as member this was an employee who had preserved for 1 year. The EEOC will Presiding Bishop of the Episcopal Church. It worked hard; an outstanding cook who take the same approach under the Em- represents my deep, personal belief in the in- worked at a Cracker Barrel restaurant trinsic dignity of all God’s children. ployment Nondiscrimination Act. That dignity demands that all citizens for many, many years; highly regarded, The EEOC’s only private sector re- have a full and equal claim upon the promise respected, and hard working; but, none- porting requirement is a form that em- of the American ideal, which includes equal theless, was effectively terminated; ployers of more than 100 workers must civil rights protection against unfair em- lost her job because she was gay and file annually. The form only requires ployment discrimination. for that reason only. information about race, gender, and Many other religious leaders support Here we have the statement by Barry national origin—not age and not dis- the Employment Nondiscrimination Goldwater. It is an interesting and a

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10057 powerful statement and it is a very This time we are saying that no dis- fully crafted or targeted program just worthwhile statement of which we parate impact case will be made, which to deal with this danger? The answer is should remind ourselves. I will just sustains the position that people do yes. read it: not have to keep statistics on the sexu- Finally, I want to just mention the It’s time America realized that there was ality of their employees. Even though number of cases filed in State courts in no gay exemption in the ‘‘right to life, lib- that has been represented during the the nine States which have laws, as I erty and the pursuit of happiness’’ in the early course of the debate on Friday, mentioned last Friday. We are talking Declaration of Independence. Anybody who that is not the case. We have made about two or three or four cases. I just cares about real moral values understands that very, very clear in the language of mention these. In the nine States, Cali- that this isn’t about granting special fornia, since 1992, has had five cases; rights—it’s about protecting basic rights. the bill. Accordingly, employers do not have to maintain records on the sexual Connecticut, four cases; Hawaii, since That is why Barry Goldwater as well 1991, no cases; Massachusetts, two as Coretta Scott King are strongly in orientation of their employees. Mr. President, I ask unanimous con- cases; Minnesota, three cases; New Jer- support of this legislation. sey, zero; Rhode Island, zero; Vermont, Finally, Mr. President, as I men- sent that a written statement from the Equal Employment Opportunity Com- one; Wisconsin, one. tioned before, there are many things So this idea that there is going to be this bill does not do. There are no mission regarding record keeping re- quirements under the Employment a vast proliferation in the Federal quotas or preferential treatment. courts just does not stand up. When Nondiscrimination Act be printed in I have addressed the issue about you look at the EEOC record, as I men- the RECORD at the end of my state- quotas, about maintaining information tioned earlier, and the whole range of ment. or statistics. We do not require quotas discrimination, on gender, on race, on The PRESIDING OFFICER. Without in this very carefully drafted legisla- disability, on religious discrimination, objection, it is so ordered. tion. We say no quotas and preferential and national origin, we are talking (See exhibit 1.) treatment: about a very limited number of cases Mr. KENNEDY. There is no coverage A covered entity shall not adopt or imple- that have taken place. When you look for the armed services. There is no cov- ment a quota on the basis of sexual orienta- at what is happening in the States, you tion. A covered entity shall not give pref- erage for the not-for-profit religious will find that these laws have not been erential treatment to an individual on the organizations. There were some ques- basis of sexual orientation. the problem. When people know what is tions about the for-profit religious or- expected of them and the forms of dis- That is about as clear as you could ganizations. We think they are more make it in the English language. We crimination, they will respond to it. involved in the secular activities than What is called for is a clear statement invited others who were concerned nonsecular activities and that they, about this to propose other language, about rights and liberties and about therefore, would be covered. You may bigotry and discrimination. This law and there were many who were con- be able to nit-pick this and find a par- cerned about it. We feel that the lan- does it. I am very hopeful that we will ticular individual or a particular loca- accept this legislation on tomorrow guage included in the legislation ad- tion or a job which might be of par- dresses that issue about as clearly as afternoon. ticular appeal, but nonetheless this is Mr. President, I yield the floor. you possibly could. It is not only our the way that this legislation is crafted intention but it is included as language EXHIBIT 1 for the reasons that we have outlined EEOC RECORDKEEPING AND REPORTING in the bill. in the general presentation. We also say: REQUIREMENTS We have pointed out: 1. ENDA provides that the EEOC shall have No cases based merely on disparate impact Religious organizations are defined as cor- the same powers to enforce ENDA as it has claims. The fact that an employment prac- porations, associations, societies, colleges, to enforce Title VII. This tracks the enforce- tice has a disparate impact, as the term ‘‘dis- schools, universities or educational institu- ment structure of the Americans With Dis- parate impact’’ was used under Section tions. abilities Act. 703(k) of the Civil Rights Act of 1964, on the 2. EEOC’s recordkeeping requirements basis of sexual discrimination, does not es- So we have attempted to draft this legislation in a way to be targeted, to under Title VII are set out at 29 C.F.R. tablish a prima facie violation of this title. §§ 1602.12–1602.14. In these sections, EEOC pro- Briefly, Mr. President—I will not be limited, to be focused, in a way that vides that it ‘‘has not adopted any require- take a lot of time on this—what the deals with the problem. There is a ment, generally applicable to employers, law generally says with regard to dis- problem in the American workplace. that records be made or kept.’’ § 1602.12. parate impact cases is, if you have, for Discrimination based upon sexual ori- Rather, EEOC requires that ‘‘[a]ny personnel example, a 100-man work force and that entation exists. It is taking place or employment record made or kept by an work force is carrying 150-pound ce- today. We referred to the various stud- employer . . . shall be reserved by the em- ies and, if necessary, we will come back ployer for a period of one year from the date ment bags, the employer may have a of the making of the record or the personnel policy that employees be able to lift a into those studies in the more general action involved, whichever occurs later’’ or certain weight. As a result, that em- debate either tonight or tomorrow until the disposition of a charge of discrimi- ployer may not hire many women, even morning if there is any question about nation or lawsuit regarding such action. though there exists a pool of women it. 3. It is likely that EEOC would take the who might want that job. The em- I think any Member of the Senate same approach if ENDA were to be enacted ployer may be able to support the pol- who reads through the various Depart- into law, requiring employers to keep for ment of Justice studies on the hate specified time periods whatever records they icy resulting in a disparate impact on already keep. There is no reason to believe the pool of women applying for the job. crimes could not possibly question that that EEOC would change its longstanding On the other hand, if you have 100 com- animus toward gays and lesbians exists approach to recordkeeping and require the puter experts and you have 100 men and today. Other studies prove that this is creation or maintenance of any specified 100 women who have similar qualifica- taking place in America’s work force. records. tions, you are not expecting that par- It is out there. 4. EEOC’s only reporting requirement ap- ticular employer’s policy to result in Although we know the problem ex- plicable to private sector employers is the ists, there are no rules, regulations, or EEO–1 form. See 29 C.F.R. § 1602.7. Employers the hiring of 100 men. You can make a of 100 or more employees are required to file case of disparate impact demonstrating laws to protect people. That is the sad annually a form setting out certain aggre- that the employer’s policy or practice fact. There are limited laws in limited gate information about the race, national or- had a disparate impact on the pool of States to protect people, but it is not igin and gender of their employees. The qualified people. At that point, the bur- enough that as an American you are EEO–1 form does not request information re- den shifts to the employer, who must free from discrimination in one juris- garding age or whether employees have dis- present evidence supporting their pol- diction but are going to be subject to abilities. Since there is no reason for an em- icy. The plaintiff will probably be able discrimination in another. We should ployer to know the sexual orientation of an employees in order to comply with ENDA, it to show that there are other, non- free our country from that type of is highly unlikely that the EEOC would re- discriminatory policies or practices travesty. quire employers to gather or submit infor- that the employer may use. That is ef- So there is a problem. There are not mation regarding the sexual orientation of fectively the way the law goes. adequate solutions. Do we have a care- their employees.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10058 CONGRESSIONAL RECORD — SENATE September 9, 1996 5. The Uniform Guidelines on Employee Se- in this country. I have said many times the economy, it causes people to lose lection also include certain recordkeeping here on the Senate floor that an aver- jobs, it causes new businesses not to be requirements. 29 C.F.R. § 1607. These guide- age working family in my State is now formed. I never thought the French lines—which address issues of disparate im- forfeiting 53 percent of their earned would be ahead of us on this. pact discrimination—apply to discrimination on the bases of race, color, religion, sex, and wages to a government tax. It is abso- It goes on to say they are adopting national origin. Since ENDA specifically lutely unheard of. Senator Dole’s prescription for eco- does not recognize a cause of action for dis- I thought this was an interesting nomic health, cutting taxes to help re- parate impact discrimination, the Uniform quote from Cal Thomas, in a recent ar- duce the budget deficit in the face of Guidelines would have no applicability. ticle that appeared in the Washington the shrinking economy. The PRESIDING OFFICER (Mr. Times. He says: The Prime Minister announced tonight— BROWN). Who seeks recognition? When government wants to spend your [that is September 5]—the $5 billion tax cut Mr. COVERDELL. Mr. President, I money it’s doing something noble. When you for next year and further reductions in fol- suggest the absence of a quorum. want to keep more of your money, you are lowing years will make France virtually the The PRESIDING OFFICER. The ab- greedy. only nation in Western Europe to reduce taxes so far this decade. sence of a quorum has been noted. The I think that perfectly defines what so clerk will call the roll. much of the debate and language and That is quite an amazing turn of The legislative clerk proceeded to rhetoric we hear here in Washington is. events, that France would be following call the roll. It is almost as if the Government owns the advice of Senator Dole and we have Mr. COVERDELL. Mr. President, I all the fruits of your labor and once in nothing but rejection from the Senator ask unanimous consent that the order a while allows you to keep some of it. from Massachusetts. That is a very, for the quorum call be rescinded. I have to tell you, that is absolutely very interesting comparison. The PRESIDING OFFICER. Without backward from what Thomas Jefferson Then we see here the Senate minor- objection, it is so ordered. had in mind. He warned us, time and ity leader Tom DASCHLE, South Da- Under the previous order, the time time again, of governments that con- kota, said, ‘‘* * * he detected very lit- until 5:30 is under control of the distin- sume the fruits of labor and take it tle desire in the Democratic caucus to guished Senator from Georgia [Mr. away from the laborer for their own act on a tax cut bill before this elec- COVERDELL]. purposes. tion.’’ I guess it is understandable, con- Mr. COVERDELL. Mr. President, it Recently, there was a story that I sidering that that caucus is who gave is my understanding that will be under think appeared in Readers Digest, and us the highest tax increase in Amer- my control or a designee, is that cor- also the Wall Street Journal, that ican history, and little wonder—nor rect? asked every strata of American life should we be surprised—they have very The PRESIDING OFFICER. That is what they thought was a fair tax bur- little interest in leaving these dollars correct. den, male/female; income groups from in the checking accounts of America’s f $30,000 to $75,000 or more; Republicans, families. Democrats, independents, conserv- As a matter of fact, this average fam- TAX RELIEF AND TAX REFORM atives, moderates, liberals—what is a ily I was talking about just a few mo- Mr. COVERDELL. Mr. President, a fair tax? ments ago now has 2,600 fewer dollars little earlier today, the Senator from It is almost stunning that it did not in their checking account since the ar- Massachusetts was talking about the matter what their philosophy, what rival of this administration in Wash- tax relief proposal of our former col- their gender, what their income strata ington. In just 4 years, they are now league, Senator Dole, which, just to was, they all had an almost identical consuming over $2,000 more out of sketch it out, calls for replacing the answer. The appropriate tax burden on these beleaguered working families in current tax system with a simpler, American citizens and workers should our country. flatter, fairer system; it cuts the per- not exceed 25 percent. In other words, Mr. President, I see we have been sonal income tax rates across the board America believes the tax burden today, joined by my distinguished colleague by 15 percent, it cuts the top capital which is the highest level it has ever from Minnesota. I would like, if he is gains tax rate for individuals in half, to been, or the highest percentage of the agreeable, to extend up to 10 minutes 14 percent; creates the much-debated gross domestic product, should be half to the Senator from Minnesota on this $500 per child tax credit, and much what it is today; that the Government very, very important subject of tax re- needed, I might add; and expands indi- ought to be able to fulfill its respon- lief and tax reform—much, much need- vidual retirement accounts. It goes on sibilities with half of what it is ex- ed in our American economy. More im- to offer a 1-year tax amnesty during tracting from every working family. portant, around the kitchen table and the transition to a new tax system, Of course, we are hearing a lot of in the checking accounts of just the eliminates tax returns for 40 million moans and groans from the other side. poor average family trying to make it. low- and middle-income taxpayers, it ‘‘Oh, my heavens, what is the Govern- The PRESIDING OFFICER. The Sen- shifts the burden of proof from individ- ment going to do if it is unable to ex- ator from Minnesota is recognized for uals to the IRS, which I have long tract all these resources from our 10 minutes. thought should be the case. working families?’’ As though the Gov- Mr. GRAMS. Mr. President, I wanted We currently have two legal systems ernment’s priorities come ahead of to add, as my colleague mentioned in the country. In most cases, you are every one of those mothers and fathers about the tax cuts that are being pro- innocent until you are proven guilty, who are trying to feed their children, posed for France, I think we note Ger- but not if you are dealing with the IRS; educate them, house them, and give many is also proposing tax cuts be- then you are guilty unless you can them higher education, prepare them cause of the huge unemployment rate somehow extract yourself from it. And spiritually. It is just amazing to me. in that country. Again, the same thing, it ends lifestyle audits, that is just You would think it was the other way as more government taxes have begun speculation about, ‘‘You are driving around, that this money all belonged to choke that economy as well as in sort of an interesting car, maybe we to the Government and every now and Sweden, so other nations around the ought to look into that.’’ I do not know then it passes a little favor out to you. world are looking for ways to encour- of any agency in the United States I read over the weekend a story, the age economic growth through a reduc- Government—which is a real reach, headline, ‘‘France to Cut Taxes $5 Bil- tion in their governments. Like the when you think about it—that shares a lion in Effort To Reduce Deficit.’’ Senator from Georgia said, it is hard to lower reputation among the American PARIS, September 5. France will follow Re- believe they would be ahead of the people than the IRS. Anybody who has publican Presidential nominee Robert J. United States making those determina- visited with Americans anywhere in Dole’s prescription for economic health and tions. the country knows it immediately. cut taxes to the help reduce its budget def- But, Mr. President, America’s work- I think that lowering the economic icit in the face of a shrinking economy. ing families, as we have been talking pressure on America’s working families That is what happens. When the Gov- about, face greater hardships now than ought to be among our first priorities ernment consumes too much it chokes at any time in the last decade and the

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10059 impact of the Clinton Presidency is books this year in Minneapolis mean goes to pay Federal taxes, we believe being felt on all fronts: the economy is the city may match—or even exceed— relief from Washington is long overdue. flat, taxes are on the rise, while take- last year’s record number of killings. Our plan benefits every taxpayer by home pay is not going anywhere at all. What is driving people away? Why automatically cutting their taxes by 15 Despite his administration’s claims are our cities no longer the powerful percent. That is a significant change to the contrary, the economy has economic magnets of the past? Sadly, from the policies of the past 4 years, merely slogged along since Bill Clinton just as it is responsible for the state of when promises of tax relief were dis- took office, growing at a barely percep- the economy as a whole, the Govern- placed by a 1993 tax increase of historic tible 2.4 percent and making this recov- ment itself bears much of the responsi- proportions. ery the slowest of the past century. bility. More than any other segment of soci- The projected growth for next year is A recent study by the Cato Institute ety, America’s middle-class families only 1.9 percent. At the same time, the found excessive Government spending have borne the brunt of the Govern- Government’s tax collectors are mak- and high taxes to be a major cause, not ment’s tax-happy ways. We have recog- ing new demands of working Americans just a consequence, of urban decline. nized their sacrifice by offering them a and siphoning away more of their dol- Researchers have learned that cities $500-per-child tax credit. lars than at any other time in history. that overspend and overtax lose popu- As the Senate author of the child tax In too many cases, workers are actu- lation; cities with low spending and credit, I have long recognized the dra- ally taking home less in their pay en- low taxes gain population. matic results we could achieve by cut- The Federal tax burden continues to velopes than they did 4 years ago. ting taxes for 24 million working It did not help when Bill Clinton ve- rise. Today, a typical, two-income fam- households nationwide and allowing toed the balanced budget legislation ily is paying nearly 40 percent of its in- families to control more of the dollars passed last year by Congress. Without come in Federal, State, and local that they work so hard to make. The a balanced budget to keep interest taxes. That is devastating for urban $500-per-child tax credit is not pea- rates in line, families are paying sig- families who struggle every day to nuts—it is real help at a time when nificantly more to finance necessary keep a job, put food on the table, and more Americans are working extra jobs expenditures: an extra $36,000 for a make a decent home for themselves or taking on overtime hours to keep home mortgage, for example, or $1,400 and their children—while Government from sinking under their tax burden. In my State alone, it means families more for a student loan and higher in- continues to demand more. We have two workers in most house- in Minnesota would keep $500 million terest fees again because of a vetoed holds today. One is working to provide in their pockets to spend on their fami- balanced budget by this President. for the family, the other is working to lies to decide how to spend rather than Those are dollars that could have been provide for the Government. turning those dollars over to Wash- spent saving for a child’s education, or Most taxpayers do not realize that in ington for Washington to make those purchasing health care, insurance, and recent years, 15 cents of every tax dol- decisions. other basic family needs. lar they have contributed has gone to- Our vision for America’s economic If families feel as though they are ward paying the interest on our $5.2 future will confound those who con- being squeezed between high taxes, a trillion national debt. tinue to defend the failed policies of White House that cannot stop spend- In 1995, more than $230 billion which the past. Clinging desperately to their ing, and a stagnant economy, they are could have been put to work meeting borrow-and-spend ways, they claim right—and it is called the Clinton the Nation’s needs was instead squan- that tax relief and deficit reduction crunch. dered on interest payments—payments cannot go hand in hand. Yet our plan Under economic policies perpetuated amassed because for 40 years, Wash- proves these are compatible goals. The by the Clinton administration, our cit- ington always got whatever it wanted tax cuts of the Reagan era ushered in ies are suffering as well. Since 1965, 15 when it visited the candy store, wheth- America’s longest peacetime expan- of the 25 largest U.S. cities have to- er it had the money or not. sion, helping to create 20 million new gether lost over 4 million residents, at Until Washington stops spending jobs and pushing incomes and living the same time the Nation’s population more than it takes in, the national standards to record highs. As more has grown by 60 million. As residents debt will continue to swell, until we Americans found work and earned bail out in record numbers, America’s have left our grandchildren a bill even higher salaries, they collectively paid job creators have joined the flight. they will be hard pressed to pay off, if more in taxes even though individually Dozens of Fortune 500 companies, once they have the ability at all to pay. they were paying less. headquartered in New York City have America must do better, and so Re- Yes, the deficit rose, but it was in the relocated since the 1970’s, and the sta- publicans, along with Bob Dole, have hands of a Democrat-controlled Con- tistics are similarly grim in other unveiled a plan that will stimulate eco- gress that failed to match tax cuts major cities such as Cleveland, Detroit, nomic growth and restore opportunity with spending cuts of its own and in- Philadelphia, and St. Louis. to every American family. stead a Congress that spent $1.59 for The urban centers in my home State It is a comprehensive blueprint for every tax dollar it collected. They say of Minnesota are no exception—accord- our future built on three, interwoven we cannot have tax cuts and balance ing to the U.S. Census Bureau, St. Paul themes: First, America’s budget must the budget, but we can if we have a and Minneapolis are shrinking, too. In be brought into balance; second, work- Congress that is willing to cut the the 4-year period between 1990 and 1994, ing families deserve tax relief, and spending at the same time. A Congress the population in my State’s two larg- third, the IRS, as we know it, must and President committed to realizing a est cities dropped by nearly 4 percent. come to an end. balanced budget in 6 years would A study recently released by the Min- And again Bob Dole, has detailed this achieve unparalleled growth in the nesota Planning Office revealed that plan and what it offers for individuals, economy and offer Americans unparal- even as the rest of the State is experi- for families, and for the country. leled opportunities for success. encing dramatic growth in the 1990’s, Despite the arguments you hear from Finally, we must untangle the deeply its metropolitan hubs are not. across the aisle who draw conclusions, rooted IRS from the lives of the Amer- Once the job creators are gone and irrespective of what is based on these ican people. If the IRS seems omni- employment opportunities vanish with plans, a balanced budget is at the heart present, well, it is. Today, it is five them, the hearts of our once mighty of our economic plan. By boarding up times as big as the FBI and twice as economic centers wither away. Poverty the candy store and cutting Federal large as the CIA. Just to comply with and crime flourish like weeds in their waste and inefficiency, we will balance the jumble of laws it has imposed on place. the budget by the year 2002 while we the taxpayers it takes the annual Consider the alarming murder statis- protect and preserve Medicare, Med- equivalent of 3 million people, working tics now rocking the Twin Cities. St. icaid, and other vital Federal programs full time, and the IRS continues to Paul recorded 25 homicides in all of upon which millions of Americans rely. grow. 1995; already this year, 25 murders have At a time when nearly 1 out of every But even as its budget has increased been reported. The 71 homicides on the 4 dollars earned by working Americans from $2.5 billion in 1979 to $7.5 billion

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10060 CONGRESSIONAL RECORD — SENATE September 9, 1996 this year, IRS service to the taxpayers have the revenues, so they raise taxes. First, Mr. President, President Clin- has steadily declined. And every time they raise taxes, they ton, I believe, is wrong, wrong to claim An example: Working families have have an ever-increasing burden, not that broad-based tax relief will in- paid billions just to modernize the only on the people, but the businesses crease the deficit. He often points to agency’s tax collection system. The re- that support them. Once the businesses the 1980’s as proof that cutting taxes sults, according to the GAO, have cre- leave, it leaves a vacuum for crime and results in higher deficits. However, the ated chaos, and more importantly, the other problems. It is a catch-22. The facts just do not support his claim. For IRS remains hostile to the average Government says they will put more example, when President Reagan, with American taxpayer. money into it, so they have to raise the help of the Congress, cut the taxes For example, every day, my State of- taxes and generate more revenue. And in the early 1980’s from a top rate of 70 fice received complaints from constitu- it compounds the problem, as the Cato percent down to 28 percent, total reve- ents who have been frustrated that Institute said. The Government is a nues to the Treasury during that time they can’t even get through to an IRS consequence, not just a contributing increased by 99.4 percent during the agent. The have been calling the IRS 1– factor, but a consequence of this prob- following decade. 800 lines. The lines, they say are con- lem. What was this due to? It was due to stantly busy. In some cases, my con- Mr. COVERDELL. I thank the Sen- the record rates of economic growth stituents tried for 3 or 4 days before ator for his remarks. which occurred during the 1980’s, an av- they were actually able to get through. In just a moment I am going to turn erage, Mr. President, as you will recall, Another story I recently encountered to our colleague from Alabama. But of about 4 percent a year. These cuts was that of one Minnesotan who owes with regard to the IRS, when I was a stimulated the longest peacetime eco- about $24,000 in back taxes because his youngster, I was always taught Gov- nomic expansion in American history. building business had a few lean years. ernment was our partner. I think some More than 20 million new jobs were cre- He said he built a spec house in 1994 people have gotten confused and they ated, and more people were paying and now he finally has a buyer for it. now think it is our boss. taxes, increasing Government revenues But here is the problem. He says he Since 1954, the number of different at that time. will be able to make $18,000 on the penalties the IRS imposes on taxpayers The fact is, Mr. President, that the house if he sells it, which will all go to has increased from 13 to 150—13 to 150. massive deficits of the 1980’s did not re- the IRS, but the IRS strapped a lien on In 1992, the IRS imposed 33 million pen- sult from tax cuts; they resulted from the house and it will not release it be- alties on taxpayers. The amount of skyrocketing rates of Federal spend- cause he can’t pay the entire $24,000. penalties the IRS assesses has soared ing. For example, during the 1980’s, So by holding him hostage and de- from a total of $1.3 billion in 1978 to Federal spending increased by 112 per- manding it all, the IRS is shooting $12.5 billion in 1992. You think we have cent; it doubled in just 10 short years. itself in the foot when it could have al- a rage of criminality in our country? I This out-of-control spending is the cul- ready collected at least 70 percent of think this is just absurd. The over 100 prit for the deficits of the 1980’s, not the debt and allowed this individual to new penalties created in recent decades President Reagan’s tax cuts. go on and try to earn more money to amounts to a deck of trump cards the What this means for us today is that pay his back taxes. And this is quite Government can play against their own we should not hesitate to give the typical. citizens. It is just totally inappro- American people long overdue tax re- The abusive power and the arrogance priate. lief. History over and over, Mr. Presi- of the IRS must be brought to an end. Since 1980, the number of levies, the dent, has proven that lower taxes gen- Fundamental reform of the IRS must IRS seizures of bank accounts and pay- erate economic growth and will in- be part of any plan to help unleash the checks, has increased fourfold, reach- crease every citizen’s standard of liv- American economy—a reinvented IRS, ing 3.2 million in 1992. The U.S. General ing. But we need to make sure such re- a balanced budget, relief from high Accounting Office estimated in 1990 lief is accompanied by cuts in spend- taxes, and an economy that frees, not that the IRS imposes 50,000 incorrect ing. Cuts in spending is the issue. entraps, American families. and unjustified levies on citizens and This is where the Democrats have Mr. President, finally, that is the dif- businesses per year—50,000. GAO esti- tried to scare people. We have heard ference between another 4 years of mated that 6 percent of IRS levies on over and over that broad-based tax re- what we have called and what you have businesses were incorrect. It is time for lief will result in extreme cuts in heard talked about as the Clinton a major overhaul there. spending. Mr. President, the under- Crunch and our vision for America’s fu- Mr. President, I am going to yield up lying assumption of this argument is ture. That is a vision of hope and op- to 10 minutes to my colleague from that the Government has cut costs ev- portunity, a vision that deserves a Alabama. erywhere it can and that all wasteful closer look by the American taxpayers. Mr. SHELBY. Thank you. Government programs have been elimi- I hope they do that in the next couple The PRESIDING OFFICER (Mr. nated and that the only Government of weeks. Mr. President, I thank you. I CAMPBELL). The Senator from Alabama programs which are left are ones that, yield the floor. is recognized for 10 minutes. if cut, would hurt children or starve Mr. COVERDELL. Mr. President, I Mr. SHELBY. Mr. President, I want- the poor. That, Mr. President, is every wonder if the Senator from Minnesota ed to come to the floor today and try bit as extreme as it is ridiculous. might comment. His discussion about to set the record straight on Senator The idea that the Government simply American cities is most interesting. Dole’s tax relief plan. Over and over, cannot afford to let people keep more My home city since 1970–75 has lost Mr. President, the media pundits and of the money that they earn is appall- 125,000 residents. My argument is that the liberal Democrats, such as our ing. Whose money is it anyway, Mr. if these cities just continue to impose President, have been telling the Amer- President? higher and higher financial burdens, ican people that Senator Dole’s tax re- Since when did the Government have the end result is they make the city lief plan will ‘‘balloon the deficit’’ or an entitlement to everything people richer and poorer, because every time result in ‘‘extreme’’ or ‘‘draconian″ earned? This is an important point they ratchet the tax up, they drive an- spending cuts which will hurt our chil- here today because, by buying into the other big segment of the middle class dren and starve the poor. argument that the Government cannot right out of the city. You cannot desta- Mr. President, I believe these scare afford to give Americans a tax cut, we bilize the middle class. They are going tactics are not only wrong, they are lose title to our freedom every day, to find the relief that they want. They shameless, and it is time we start sort of by adverse possession, if you vote with their feet. Does the Senator standing up here and telling the Amer- will. Congress should not have to jus- concur with that? ican people the truth. I want to briefly tify broad-based tax relief. Rather, Mr. Mr. GRAMS. Very much so. It is kind lay out in a few minutes today some of President, it should justify every single of a catch-22. Every time the city says the facts to expose the myths put forth dollar it takes out of the pockets of the they need more programs to encourage by the guardians of Big Government— American people who work every day people to stay, they have to somehow yes, the guardians of Big Government. to supply it.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10061 The White House should never again Alabama when he talks about the situ- something happened to her so they say that we cannot afford broad-based ations that come up. could get at the money without having tax relief. I do not know why it is that people serious problems. Let me give you just a small example will not read a little history. In three The IRS came along and seized her of one way we could pay for tax relief. decades in the last 100 years we have account because they felt they had a I think it is instructive. Robert Sha- dramatically increased our revenues by case against the son of failing to pay piro of the Progressive Policy Institute reducing marginal tax rates. Of course, withholding taxes. They actually got has identified, Mr. President, more the last one that was the most obvious, that money from Mrs. Iliff, a 90-year- than $100 billion of corporate welfare the first one in our lifetime, was John old widow. Later on they found they hidden in the current Tax Code, special Kennedy when he said we have to have were wrong, and they were able to get interests’ Tax Code. We should elimi- more revenue, and to get more reve- back—at a cost to the Iliffs of $1,600— nate all corporate welfare, Mr. Presi- nues we will reduce the tax rates. It that $3,600 back, and there is no inter- dent, and enact immediate tax relief worked. Of course, it happened again in est that was paid. for individuals in America. the 1980’s. What I can say is there are a lot of I have introduced legislation which Again, the problem we have with a people in Government that are very would do this by scrapping the entire number of bureaucracies, and certainly good people. Unfortunately, the more Tax Code, eliminating all deductions the IRS is probably the best example to power you give to someone, the greater and special tax breaks for special inter- use, is they have so much power and the propensity to abuse that power. As ests, and replacing it with a low, flat- they are able to use that power to whip Lord Acton said, ‘‘absolute power cor- rate tax system. The Tax Code should people into submission. rupts absolutely.’’ not be a tool, Mr. President, for Wash- I have several cases I will share with It is not just the IRS. We have a case ington to maintain control over our you, Mr. President. An IRS case, one in Tulsa, Jimmy Dunn, Mill Creek citizens’ private resources. Washington William Pell Thompson, an Air Force Lumber Co., called and said, ‘‘INHOFE, should not single out certain people or captain based in Montana was expect- the EPA has put me out of business.’’ I corporations in America to receive spe- ing a modest $104 tax refund for 1995. said, ‘‘What did you do wrong?’’ And he cial treatment in the form of tax Instead he was told by the IRS that his said, ‘‘I don’t think I did anything breaks, as they have done over the $104 had been seized for back child sup- wrong. I have been selling in our small years. port payments in North Carolina where family-owned lumber company, our Everyone—everyone—in America he was accused of owing $6,700 that used crankcase oil to the same con- should be on the same playing field. soon would be taken from his wages. tractor for 20 years.’’ He said that con- And they are not. The flat tax would Captain Thompson has never lived in tractor was licensed by the Federal rid this town of thousands of lobbyists North Carolina, had only two children Government, the State of Oklahoma, who spend millions of dollars a year by his first and only wife, to which he the county of Tulsa, and yet they have trying to get special tax breaks for cor- was still happily married. Captain traced some of that oil from 10 years porate America. All in all, the Congres- Thompson was awaiting transfer to ago that went to the Double Eagle sional Budget Office has identified thus Colorado Springs in which he was un- Superfund site, and now I have a letter far 64 provisions of the Tax Code which able to get the credit to buy a home in front of me which he read from the can be considered corporate welfare. and a number of things that happened Administrator of the EPA that said, This is increasing the tax burden of the that really were destructive in his life. ‘‘We are going to come after you for average taxpayer by hundreds of bil- Here is a story that was testimony fines of $25,000 a day.’’ lions of dollars. before a Senate subcommittee. Rather Now, obviously, they did not do it, Mr. President, I reject the notion than go into the details, I will read the but the whole idea is many people in that we cannot afford broad-based tax letter, a suicide note that was given by the bureaucracy consider it their job relief for the American people. That a man named Council. His wife’s name and they seem to enjoy abusing nor- view is simply a smokescreen used by was Kay. This is the letter: mal, honest, taxpaying citizens. These the President and the Democrats to MY DEAREST KAY: I have taken my life in cases with the IRS just point out that safeguard their sacred social programs order to provide capital for you. The IRS and not only are we an overtaxed society, and maintain Federal control over the its liens which have been taken against our we are paying too much in taxes, the property illegally by a runaway agency of economy. There is plenty of room in our government have dried up all sources of American families are having to pay the Federal budget, I believe, if we credit for us. So I have made the only deci- too much, but the way in which it is look hard enough, to provide broad- sion I can. It is purely a business decision. collected is also abusive. based tax relief and still balance the You will find my body on the lot of the north I am hoping—and we have made sev- budget. side of the house. eral proposals, Mr. President, the Re- Republicans have already done it She eventually won a Federal court publican Party, some call it a flat tax, once and I think we can do it again. I ruling and she and her husband owed some talk about having a VAT tax to just hope the next time we do, Mr. the IRS nothing. replace income taxes altogether— President, we will have a President I got off the phone a few minutes ago something will come along and we will who will not protect the status quo and and there is a guy in Tulsa, Mr. Presi- be able to propose and pass that. We veto our proposal but look to help the dent, named Iliff. He rebuilds air- know if we pass it with this Republican working people of America. planes. In fact, a couple years ago I Congress that now the President will I yield the floor. flew an airplane around the world emu- veto it. We have heard that over and Mr. COVERDELL. Mr. President, I lating the flight of Wiley Post. He is over again. I am hoping we will be able certainly want to thank and commend the one who rebuilt the aircraft for me to be successful in changing the per- the Senator from Alabama for his re- that had been previously wrecked. sonality in the White House so we can marks on the current economic burden In 1994—and I know this guy real get real tax reform and the abusive on America’s working families. We well, and his family—we were con- practices of many of the bureaucracies have just been joined by my colleague tacted by Chuck Iliff regarding a prob- off the backs of the honest taxpaying from Oklahoma. We have been talking lem his mother, Edna Faye Iliff, a 90- American citizens. about the IRS and the way it almost year-old widow from Muskogee, OK, I yield the floor. functions out of a system of fear and as was having with the IRS. The IRS was Mr. COVERDELL. I thank the Sen- an arrogant bully. I know the Senator pursuing a case against his brother, a ator from Oklahoma. I, too, had noted has come to speak on that. self-employed boilermaker. the case where the husband committed I yield up to 10 minutes to the Sen- What had happened here was Mrs. suicide in order to protect the financial ator from Oklahoma. Iliff, who is a widow, had failing interests. Mr. INHOFE. I thank the Senator health. She had a small savings of Another case noted that way, ‘‘The from Georgia. I am glad to have an op- some $3,600 she put in her account, but IRS had claimed that my parents Jack portunity to talk about this. I cer- she allowed her two sons to have their and Wanda Biggars owed $90,000 in back tainly agree with the Senator from names on the account in the event taxes. On February 10, 1988, the agency

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10062 CONGRESSIONAL RECORD — SENATE September 9, 1996 was going to auction off their home. On the more Government that we ask for, often, right here, those basic dif- the morning of the auction my mother the more Government that we want, ferences are sort of submerged and we shot my father and then turned the gun and if we are going to be fiscally re- begin to talk about details when we on herself.’’ sponsible, of course, the more taxes we really ought to start with the question Some of these cases are just abso- have to come up with to pay for that. of philosophy, of where you want to go. lutely beyond belief. One of them I was So there are choices. That is what elec- I think it is important to recognize reading earlier this afternoon, about a tions ought to be about. that there are differences. One of the day care center. And this woman, Sue I must tell you that I am a little con- things that we need to think about, Stoya, had gone to Englewood World to cerned that over the years—and this strategically, of course, is what is the pick up her 7-year-old daughter, Kath- campaign is more so than any that I impact of high taxes? What is the im- erine. Before they could leave with think I have ever seen, where the pact on the economy? Clearly, if there their children, the parents said they choices are pretty badly blurred. We is less money taken in taxes, more had to sign a form pledging to pay the don’t really have spelled out, as we money is invested in the system, more Government what they owed the day should have, the clear choices that vot- money is invested in the economy, care center, because the day care cen- ers have to make. That is what elec- more money is invested to create jobs, ter was in arrears. They indicated that tions are for—making choices. Taxes, more people are able to earn and take you could not take your child out of of course, is one of them. But it is real- care of themselves. That is inherently the building—get this—the Federal ly secondary to how much Government clear. It is a very efficient way of allo- agent said, ‘‘You cannot have your you are going to have. And that is a cating funds in the market system. child until you sign this document.’’ choice that we make. The other question you have to ask This whole thing has gone way too Some people want more Government; yourself, of course, is whether money is far. We have been joined by the Sen- others choose less. I happen to, as you spent better by being collected in taxes ator from Wyoming. I would like to can tell from my comments, be on the and then spent by the Government on yield up to 10 minutes to him for his less side. But it is choice. You have to behalf of the people, or is it indeed presentation this afternoon. talk about the role of government. spent better when you and I and our The PRESIDING OFFICER. The Sen- What do you think the Federal Govern- families in this country decide for our- ator from Wyoming is recognized. ment ought to be doing? What are the selves where to spend our money? Mr. THOMAS. Mr. President, I thank roles? What are the roles of the State A further question, of course, is, the Senator for arranging for time to and local governments? I have just what are the incentives? This is a sys- talk about taxation. It seems to me come back, as most of you have, from tem of economic incentives. We work that it is one of the things that all of my State—in my case, Wyoming— and we invest because there is a chance us talk about most of the time in var- where you get involved in lots of to be successful, there is a chance to be ious ways, and we need to talk about things. Most recently, frankly, was a profitable, there is a chance to do well. it. I would like to move away a little fundraiser for the museum at the Uni- That is what the system is about. That bit from the specifics of the amount versity of Wyoming honoring ALAN and is what the incentives are. So taxes that we talk about and the specifics of Ann SIMPSON. An effort was made, vol- seek to take away some of that. even how it is done and, rather, talk a untarily, to do something in our town, I guess I want to stress again that little more about the philosophy of in our State, for the museum for the taxes are a legitimate thing, but we taxation. I will talk a little bit about university. I spoke earlier to the emer- have to decide what it is we want. It is the strategy of taxation. I think it is gency medical people in Cheyenne, peo- very key, I believe, to where we go in important, over time, that we really ple who volunteer to do things in their the future. So there will be a great de- take a look at where we want to go, communities. These are very impor- bate around tax relief. I think maybe, what the choices are with respect to tant, life or death matters in small in the case of tax relief, it will be fairly Government, with respect to taxation, towns. There is no hospital there. So if clear. The differences are fairly clear where you and I will be, where our kids something happens, you use the emer- and people can make the choice. One of will be, and where our grandkids will gency medical service. It’s done by the things, of course, inherent is that, be in terms of the strategy and philos- local government and voluntarism. at least to some degree—and I am not ophy of taxation over a period of time. It has to do with choices and the role a economist and I know it only goes so It is a broad question. of government. Federal involvement? far—reducing tax levies and tax per- The numbers I have seen now, Mr. Obviously, some things are inherently centages increases the total taxes that President, indicate that, on the aver- Federal, such as interstate commerce, come in, because it encourages the in- age, American families pay 38 percent and many of those things. So I guess I vestment and more and more activity. of their income in total taxes. Now, am taking a very difficult topic and So, Mr. President, I hope that as we that is a lot of money. That is a lot. trying to make it simple for myself. talk about our choices, you and me, as Think about how long you work out of There is a strategy of where we go, citizens, as we come to making the de- the year in order to pay your taxes. I where you want to be in a number of cisions that are inherent in an elec- believe in May, or late May, is tax day. years, and in terms of the size and role tion, that we take a look at the philos- So without the detail, I think that is a of government and, consequently, the ophy of taxes. Are we better off if we philosophy of taxes. taxes that are paid with it. Too often, could reduce that 38 percent, have Obviously, there have to be taxes it seems to me, we get involved with some tax relief, have more money to paid in a democracy, in a civilized soci- the details—and they are important— invest, have more money to spend, and ety, to cover those kinds of things that of how you tax, who you tax, how you more money to generate for the econ- clearly have to be done by Govern- enforce it, and all those kinds of omy, or not? ment, whether it be defense, interstate things, which are critical. But over- Mr. President, I suggest that one of commerce, or whatever. There is no shadowing all that and overriding that the real issues for us is—and my philos- question about that. But it seems to is a strategy and a philosophy. ophy obviously is that we ought to me what we really ought to be think- There are different philosophies, and have less government—that we ought ing about, as we are into an election they are legitimate. Unfortunately, to do more closer to the people, and cycle, and indeed into an election, is they are not altogether clear. There is more in the States and localities where the fact that there are choices. There a gentleman at the University of Wyo- we can do it more efficiently. Our real are fairly clear choices as to where we ming who is very clear. He is a very task is to look forward to the future as go with Government and where we go liberal man, and it is a legitimate to where we go with young people, with taxes. And there is a direct rela- view. He thinks there ought to be more where they will be, where they will be tionship between the two things. We Government and there ought to be paying taxes, and whether they will are not just talking here about num- more taxes. He believes government have the freedom to choose to spend bers, about arithmetic, and we are not can spend the money better than you vis-a-vis other questions that we face. just talking about addition; we are and I can in families. That is a legiti- Mr. President, I appreciate the oppor- talking about Government. Obviously, mate view. But it is a choice. Quite tunity. I appreciate my friend from

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10063 Georgia providing for this debate, this do, in essence, to allow America’s fami- American family. There are those who discussion, about an issue that affects lies to become stronger. As America’s are going to say, ‘‘CONNIE, you know, all of us and that we will decide in No- families become stronger, the Nation you are going to be talking about weak vember. becomes stronger as well. economic growth in the country, but I yield the floor. So the kind of people who I think President Clinton has told us that this Mr. COVERDELL. Mr. President, I about are those individuals who come is the strongest economic growth in appreciate very much the remarks by to me and tell me that both husband three decades, I think.’’ That is just the Senator from Wyoming. and wife are working and that they are fundamentally wrong. Yes, we had a In a moment I am going to turn to working long, long hours; that they get good month or a good quarter last the Senator from Florida. But just let up before sunrise, and they probably quarter. I am delighted about that. We me say very quickly that we know that don’t get back to their home until saw the unemployment rate drop, and virtually every segment of American after the sun has set. They get up on we saw the growth rate in the country life deals with the tax burden today, Tuesday and do it over again; on go to 4.8 percent. That is good. But the and it is about what they think it Wednesday and do it over again; on problem is that every economist, that I should be. You would be hard pressed Thursday and do it over again; and on am aware of anyway—or I should prob- to find a segment of our country that Friday and do it over again. Some do it ably should say almost all economists believes the IRS is not a threatening on Saturdays. are predicting that the growth rate in institution today. That is the majority I know of a family where the husband the economy is going to slow down of American people—the vast majority works two jobs during the week, goes again. The year 1997 is projected by the of American people—think this agency home Friday night, and the wife begins Federal Reserve, I believe, which is needs an overhaul. By staggering num- work for the weekend. He takes care of saying 1.75 to 2.25 for 1997. The adminis- bers, the American people feel the tax the children over the weekend, and she tration’s own forecast is 2.3. system is utterly too complicated. In works over the weekend. Those are the Again, let me put into context where fact, it takes the average taxpayer 11 kinds of people that I am talking about we have been with the Clinton adminis- hours to do their taxes. That adds up to that are paying—as the Senator from tration. The average growth in the 5.4 billion man-hours per year. The sta- Georgia indicated—almost 40 percent of economy now during the Clinton ad- tistics are alarming. It is too high. It is their earnings in taxes. That is, when ministration is 2.35 percent. How does too intrusive, and it is too com- they pick up their paycheck at the end that compare with other periods of plicated. It ought to be at the core of of the week, or every 2 weeks, or at the time? For the 10 years preceding Presi- the work of this Congress and the next end of the month, like everybody else, dent Clinton, the average growth was Congress to get these things corrected. they immediately look at the deduc- 3.2 percent; the year immediately pre- I yield the remainder of my time to tions. ‘‘How much is being taken out of ceding President Clinton, 3.7 percent. the distinguished Senator from Flor- my pay?’’ That number is getting larg- The five economic expansions since ida. That will be about 7 minutes. er and larger every year. World War II, 4.4 percent. If you take The PRESIDING OFFICER. The Sen- What it means is that they are hav- every year since the end of World War ator from Florida, Mr. MACK, is recog- ing to work longer and longer. In fact, II, it is 3.2 percent. I mean the econ- nized. I think the tax freedom day is now oc- omy is moving along at a snail’s pace. Mr. MACK. I thank the Senator from curring sometime in May. For those What does that mean to that family I was referring to a minute ago? It Georgia for yielding. That should be who do not know what tax freedom day means the loss of production in the plenty of time. is, tax freedom day is the day, when it country that amounts to about $308 bil- Mr. President, I would like to take arrives, where you no longer have to be lion. If you convert that into what that this opportunity to lay the groundwork working to pay your taxes. Everything means to the family, if we had been about why it is important that the from that day forward is free of taxes. growing, let us say, at the average of Dole-Kemp economic plan be embraced You paid for the Government in Wash- 3.2 over these last 31⁄2 years compared by the Nation and eventually passed ington, the government in Tallahassee, to what we have been, the average fam- into law. or the government in Lee County, or ily in America would be $3,116 better There are two points that I want to whatever it might happen to be. That talk about. One has to do with the off; $260 a month better off as a result. tax freedom day is taking each of us in- Some of the other statistics that I growth of the economy, and the other dividually longer and longer and longer have developed: The typical household has to do with the tax relief that is through each year to get to the point income is about $1,000 less than the av- really needed for the American family. where the worker actually is doing it erage of the decade before President But I want to start from a premise for their families—to be able to see Clinton. Real hourly wages and real that the discussion here really is moti- that our children have an opportunity weekly wages are both lower now than vated by the opportunity over the for a better education, that they are they were in 1992. After-tax incomes years to talk to people in my State better clothed, that their housing is in are growing at about roughly half the about the burden that they feel the better condition. rate prior to President Clinton. They Government has imposed on them in In fact, that brings to mind one of are growing at a rate now of about 1.8 the form of taxes. They believe that the things that the Dole-Kemp folks percent compared to the decade before there is too much Washington inter- are talking about—that today in Amer- President Clinton of 3.2 percent. Me- ference in their lives, that Washington ica the typical family in America is dian family income has declined 4 out spends too much, that Washington paying more in taxes to Washington, to of the last 5 years. As I said a moment wastes too much of the money, that Tallahassee, to Lee County, Fort ago, families are paying more in taxes Washington taxes them too much, and Myers—more in taxes than they are than they are for food, clothing, and that they really want Washington off spending on food, clothing, and shelter. shelter. their backs. You have to think about There is just something fundamentally The Dole-Kemp—I think it is impor- the perspective that they have. If you wrong when government has gotten to tant that people focus on it as an eco- stop and think about individuals that that size. nomic plan, not just as a tax plan, but you know, or individuals that you have Again, without getting into the de- an economic plan—has a number of met when you have been out to town bate about liberal versus conservative, components to it. meetings, or wherever, that have told I think when people pick up those pay- One is the requirements to pass a bal- you stories about their lives, then it checks and look to see what their de- anced budget constitutional amend- becomes real. It becomes something ductions are, they are realizing that ment which would make it a constitu- other than a debate about economics. they are paying for a government, tional requirement that we balance the It becomes something other than a de- frankly, that they believe is wasting budget. bate about Democrats versus Repub- their money. So it is from that premise What does that mean? Let us say licans, or conservatives versus liberals. that I make these remarks. that the critics are right, that the It becomes a debate about what is in Again, two points: There is economic growth, the return, if you will, the re- their best interest, about what we can growth and the burden of taxes on the capture that comes as a result of the

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10064 CONGRESSIONAL RECORD — SENATE September 9, 1996 lower tax rates is not 27 percent but 20 portance of education and training. If agree with that. Well, I want to put the percent. That means we are going to we do those combinations of things, facts out here. Under the Dole plan, if have to find more spending to make balancing the budget, reducing the tax you earn between $1,000 and $10,000 a the reductions or we are going to have burden, providing opportunities for year, you are the working poor, you do to put off some tax relief for the Amer- education, training, and changing the not even get 50 cents back a month ican family. I happen to believe that laws with respect to litigation and reg- from the Dole economic plan and his we can do the 15-percent reduction in ulation, we can get this economy mov- tax cuts. You get $5 a year. If you earn marginal tax rates and that we can ing again. a little more than that, between $10,000 give a $500 per child tax credit and still I for one—and I think the American and $20,000, you would get back $120 a meet that goal. So, No. 1, balance the people—believe that accepting the no- year—a few dollars a month. And I budget, constitutional amendment, a tion that this country can only grow at have to tell you that in this country balanced budget plan to balance the 2.5 percent is a tragedy. We are taking between earning a dollar a year and budget by the year 2002. away the opportunities for American $30,000 a year, you get 8 percent of the The second component—I think the families and for our children. tax cut benefit. You get 8 percent of first most important—reduce the taxes, The last point I mention is that I be- the tax cut benefit and you are really a 15 percent reduction in the marginal lieve President Clinton’s economic more than 56 percent of taxpayers. tax rate. I would ask people to focus on policies are robbing America and our So why not be honest about where the marginal tax rate. What we are families and our children of their eco- the breaks go. And let me tell you saying to individuals with these lower nomic future, and we have to change where they go. If you earn approxi- rates is you get to keep more of what that. mately $250,000, you get back $25,000 a you save, earn, invest, work for. You I thank the Chair. year. If you earn $1 million a year, the get to keep more of it. Mrs. BOXER addressed the Chair. Donald Trumps of the country, you Most people believe that if you get to The PRESIDING OFFICER. Under will get back $50,000. So the wealthiest keep more of what you are earning, the previous order, the hour of 5:30 hav- get back $50,000 and the working poor you are more inclined to try to figure ing arrived, all time is expired. get back $5. And we have statements out ways to earn more because you get The Senator from California is recog- on this floor that say this Dole plan is to keep more of it. nized in morning business. fair. The difference between the Clin- In addition to that, the plan calls for Mrs. BOXER. I do ask to speak in ton plan and the Dole plan is that our a cutting in half of the capital gains morning business. President is targeting those tax cuts to tax rate. I know there are people who f the people who need it and the Dole say this is just nothing but a giveaway AMERICA’S ECONOMIC FUTURE plan again favors the very wealthiest to the wealthy. I adamantly disagree among us. Good people, hard-working with that. I think there is statistical Mrs. BOXER. I am going to start off people who earn a lot of money, I con- data which indicates that is not an ac- with a few remarks about the budget gratulate them for that. It is the curate statement. The issue here is and tax issues which the Senator from American dream. But if you were to about America’s future. Are we going Florida and the Senator from Wyoming ask them, I think they would candidly to have the capital necessary to invest have been talking about. I listened to say they are not in need of a tax cut in the new technologies of the 21st cen- them carefully. When I hear it said because what it means is, if you look tury? that President Clinton is robbing this at the Dole plan, over $500 billion of I give a little bit different perspec- country of its economic future, I have cuts—and we have looked at this care- tive. Think of capital gains taxes as a to ask the question, where were we be- fully—it is about a 40-percent cut in wall that has been built around old in- fore President Clinton was elected and education that would be required, a 40- vestment. If that wall is too high, you before we passed his budget? percent cut in the environment that are not going to be able to get that Well, we were in a very sad state, in- would be required. Since Senator Dole capital to move from the old invest- deed. We did not see any jobs being cre- says he will not touch Medicare, that ments to the new investments because ated. Under this President, we have means he has to go in and cut cops on people are going to say the rate on that seen 10 million new jobs created. We the beat and everything else. Forty tax is too high; I just will not sell the now have a 5.1-percent unemployment percent to do what? To give a tax asset. If it is not sold, A, there is no rate which is the lowest in many a break to the wealthiest. I mean this is revenue to the Federal Government year. We have people feeling better the deja vu all over again theory. and, B, there is no ability to transfer about themselves, about their future. So I am going to move to the legisla- that capital from the old technologies And we have seen for 4 years in a row, tion that is before us. Tomorrow I am into the technologies of the future. So Mr. President, deficit reduction that going to make some comments on it. I think they are right on target in say- has more than cut the deficit in half. But I really wanted to put some of ing we need to find a way to allow this So I say to my friends on the other those numbers out on the record as a capital to flow. side of the aisle that this deficit reduc- member of the Budget Committee be- Third, it is time that we gave Amer- tion for 4 years in a row is the first cause we have looked at them very, ican families, middle-income America, time since the Civil War that we have very carefully. seen that record, and it is not much of a break; that we say to them, yes, f there is something in this for them in a trick to have economic growth when the sense if we are going to reduce the you are priming the pump of Govern- EMPLOYMENT size, the scope and the involvement of ment spending. As a former economics NONDISCRIMINATION ACT Washington, DC, clearly there ought to major, I learned that very early on in Mrs. BOXER. Mr. President, tonight I be a benefit to the taxpayer and we Economics 101. That is what happened rise to speak on the Employment Non- think that that benefit ought to be di- in the early 1980’s. That pump was discrimination Act and on the Defense rected more at the low income, at the primed and the budget deficit shot up of Marriage Act. The Employment families of America, and that happens to almost $300 billion, almost $1 billion Nondiscrimination Act, known as as a result of a $500 per child tax cut. a day, and yet under the George Bush ENDA, is necessary, and I thank very The next element of the plan is to administration we stagnation. much Senator KENNEDY for being so te- look at areas like litigation and regu- So we have come very far. And be- nacious to get it to the floor and Sen- lation. We all know that the area of cause I really mostly want to talk ator LIEBERMAN for his help and Sen- too much legal attack on business about the DOMA legislation and the ator JEFFORDS. This is a bipartisan bill today has slowed down and reduced our ENDA legislation that is pending, I am and it deserves broad bipartisan sup- productivity. So we believe that we going to be very brief, but I feel I must port. have to make changes with respect to respond to the point about the tax cuts ENDA is necessary because gay men regulation and litigation. and the Senator from Florida saying I and lesbians face discrimination in hir- Equally important, Senator Dole and know we get accused of being for tax ing, promotions, and pay simply by vir- Jack Kemp have pointed out the im- cuts for the rich. He said he does not tue of their sexual orientation. Some

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10065 States do offer protection to all the not one. There is no bill pending before The PRESIDING OFFICER. The time people who are victims of employment us to legalize gay marriage and provide of the Senator has expired. discrimination. Unfortunately, 41 benefits to these couples. Not one Mrs. BOXER. Mr. President, I ask States do not. So it seems to me this is group has asked any of us, to my unanimous consent for another 10 min- a bill we should be proud to support as knowledge, to carry such legislation. utes. My understanding is we would not Republicans and as Democrats. We are told by constitutional schol- have a 10-minute rule at this point. The reach of ENDA is modest. It ex- ars that even if one State does recog- The PRESIDING OFFICER. Is there empts small business, religious institu- nize gay marriage, other States have objection? Without objection, it is so tions, and the military and explicitly the option not to recognize it. Univer- ordered. The Senator has an additional prohibits the adoption of quotas. It sity of Chicago law professor Cass 10 minutes. places the burden of proof entirely on Sunstein, one of the Nation’s most dis- Mrs. BOXER. But I think, when we the person claiming to be the victim of tinguished legal scholars, author of nu- do this, we do lose something. I think discrimination. merous texts and articles on constitu- we lose our soul. That is what you lose I think it is quite instructive to note tional law, testified before the Senate when you scapegoat a group of people, that ENDA has been endorsed by such Judiciary Committee that States are a whole group of people who have never blue chip companies as Apple Com- not required to recognize other States’ even asked us to legalize gay marriage. puter, AT&T, Bankers Trust, Beth- marriages. So why this legislation Scapegoating is ugly. History has seen lehem Steel, Eastman Kodak, now? With all the things we could be it too many times. You know that and Genentech, Merrill Lynch, Microsoft, doing that would make a real dif- I know that. Groups of people who are Nynex, Pacific Gas & Electric, Pacific ference in people’s lives, with all the different are identified. It becomes Telesis, Polaroid, Prudential Insur- things we could be doing that would ‘‘we’’ versus ‘‘them.’’ Their identity as ance, Quaker Oats, RJR Nabisco, Sil- really matter to families, we are tak- individuals is lost and they become icon Graphics, and Xerox. Mr. Presi- ing up this so-called Defense of Mar- faceless. Special rules are written for dent, among that list there are many, riage Act, which, as I have stated, has them. They are singled out as a group. many endorsers from my home State. nothing to do, in my view, with helping Read the history books, my colleagues. These excellent companies that under- married couples cope with the stress on You will find it there. We are all Amer- stand fairness and justice in the work- their marriages. icans in this country, regardless of our place have endorsed ENDA. I hope it Does the author of the bill in the differences. We are Americans first. We will pass. House, whom the press says has been are God’s children, all of us, regardless f married three times, truly believe that of our differences. Why do we need to the Defense of Marriage Act would craft a piece of legislation designed to THE DEFENSE OF MARRIAGE ACT have made him a better husband or his hurt our fellow Americans when there Mrs. BOXER. Now there is the ques- wives better wives? I seriously doubt is absolutely no need to do it? tion of the other bill that will come be- that. I doubt that. President Clinton, who comes to a fore us, known as DOMA, the Defense Marriages do run into trouble; one in different conclusion on this bill than I of Marriage Act. When I heard that two ends in divorce and that is tragic. do, writes in his book ‘‘Between Hope there was going to be a bill before us It is tragic for the people involved and and History’’: called the Defense of Marriage Act, I it is tragic for the children. There are . . . we must make a choice . . . shall we thought it was going to be about our things we should all do in our relation- live by our fears and define ourselves by families and how they cope with the ships and as a community and in our what we are against, or shall we live by our problems and stresses that most mar- religious institutions to make mar- hopes and define ourselves by what we are ried people face. There are financial in- riage stronger. But passing this act working for, by our vision of a better future securities with jobs that are ever does nothing to affirm marriage at all. . . . that is a choice we must make every changing, pension insecurities with Many of us in this Chamber, myself day. corporate raids on pensions and inad- included, have been married for many This DOMA bill, in my opinion, is a equate protections in the law, there is years to the same person, and I truly statement of what we are against. It pressure to save enough to afford a believe that those of us who are honest does nothing, it does not do one thing, home, there is child abuse going on in about it would never list the possi- to make Americans’ lives better. It is a families, there is alcohol and drug bility of gay marriage looming on the classic example of the politics of divi- abuse, there is spousal abuse, there are horizon as a reason there may be stress sion, of a so-called wedge issue to di- pressures from lack of health care. We in our marriage. I believe, if we were vide us one from another without any have tried to fix some of those in this honest, we would never cite that as a reason to do so. I think even if it Congress. There are pressures, wor- reason for a problem of stress in our means you pick up a seat or two in rying, ‘‘Will Grandma and Grandpa be marriage. In any event, gay marriage Congress, the better angels of our na- all right? Will they make it? Will their is not looming anywhere. As I said, not ture should stop this politics of divi- Medicare be cut? Can we function as an one State is considering it, not one sion and hatred. The Defense of Mar- extended family in this fast moving State legislature. No one has asked to riage Act is a preemptive strike world?’’ These are some of the pres- do it. There is no bill pending. against a gay marriage proposal that sures. Yes, the Hawaii courts are looking at does not even exist. It is a little bit I thought it was about, perhaps, the issue, but that final resolution is like bombing a country because you flexible working schedules so there years away. There is plenty of time for think they are a threat when in reality could be more time off for school and us to have this debate. But this Con- they want nothing more than to live in doctor appointments. I thought it gress cannot wait to have this debate. peace. We would never do that as a na- maybe addressed the issue of child The Hawaii case is only now about to tion, and we should not do this. It care. It is called the Defense of Mar- go to trial. Legal experts are convinced hurts people for no reason. riage Act. I thought we were going to that given the stakes, the losing side I thank those of my colleagues, in ad- deal with those issues, the stresses on will surely appeal the case all the way vance, who will vote against this marriage. So I was looking forward to to the State supreme court. We are scapegoating measure. There will only seeing this legislation. talking about a long time here. be a few of us. It will be a brave vote. Then, when I see it, it turns out to be So why are we doing this bill now? I say that because I know what the something completely different. It No one is asking for it, no one is pro- polls show. But what is leadership turns out to be about the U.S. Congress posing any of it, no one State is consid- about, anyway? It is about the really getting into the issue of marriage. No ering recognizing gay marriage. tough votes. State legislature is even suggesting I have to give my opinion. It is all When I went into politics 20 years that it recognize gay marriage, not one about the calendar, that is what I ago, I told my constituents then and I State in this Union. Not one person in think. It is an election-year ploy to get tell them now I would not always take the Senate or the House has introduced Senate and House Members to cast a the popular side of an issue if I felt it legislation to recognize gay marriage— tough vote. We know it is a tough vote. was meanspirited. For me to do that

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10066 CONGRESSIONAL RECORD — SENATE September 9, 1996 would be an insult to them and an in- and to make reports to EEOC. That is guess, if they came and asked for a job sult to me. It would diminish all of us. under the United States Code 42, sec- in my office, I don’t think they would To me, this vote is not about how I tion 2000 e-8c. I read that code last Fri- be compatible and, therefore, I feel about gay marriage. I have always day when we had the debate. wouldn’t hire them. So I didn’t sign supported the idea of communities de- I am amused, or interested, when that pledge. But I can see why Sen- ciding these issues without the long people say, ‘‘Well, that’s just not fac- ators would. Basically, I could sign it. arm of the Federal Government. tual. Employers, you won’t have to do It has never, ever been any consider- Many communities recognize domes- that.’’ ation in any of my employment deci- tic partnerships for those who choose I am reading section 11(A) of the bill sions as a Senator or when I ran a man- to make a long-term commitment. that says the EEOC has the same au- ufacturing company in Oklahoma. Many communities in California do thority as currently under the Civil But some people could interpret this this, and, Mr. President, it seems to be Rights Acts to require such records. So language as the same as ‘‘don’t ask, working. I have not had one phone call the net result is employers are going to don’t tell.’’ If you don’t ask, they can’t or one letter indicating Congress have to find out what people’s sexual tell. It is not a consideration, so no big should override these community deci- orientation is. They are going to have deal. But that is not what is underlying sions. Clearly, this is an issue that to ask questions they never asked be- Senator KENNEDY’s bill. should be decided in our communities, fore that employers don’t want to ask Under the bill that we have before us, not in the Senate. and employees don’t want to be asked. ENDA would make it law of the land, So to me, this vote is not about how They are going to have to ask those ENDA would elevate sexual orientation Senators feel about marriage, and it kinds of questions. to a protected class under the Civil certainly is not about defending mar- Plus, people said, ‘‘It is not really re- Rights Act. What it would do is say if riage. To me, it is about scapegoating. quired. Disparate impact is not allowed the school board, for example, did not It is about dividing us. It is ugly poli- to be considered under this bill. We’re want to hire a person who was openly tics. It is a diversion from what we not going to allow disparate impact to homosexual or a gay activist and have that person be a teacher or a coach or should be doing. For example, we could be used.’’ Well, how is an employer to physical education instructor, if they be using this time to pass President defend himself or herself? If they are felt like that was an inappropriate type Clinton’s college tax breaks to ease the sued under the legislation—and spon- person to have as a role model, they stress on our married couples today. sors of this bill do not deny they have are in trouble under this legislation be- Now that would be defending marriage. the right to sue for punitive and com- cause that school could be sued. That By my no vote on this legislation to- pensatory damages—how is an em- school board might want to take dis- morrow, I am disassociating myself ployer able to prove they have not dis- ciplinary action or might not want to from the politics of negativity and di- criminated? They have to show they employ a person who had that orienta- vision, from the politics of have employed homosexuals and tion as a role model or mentor to a scapegoating, and I will cast my vote bisexuals. How do they show that? grade school class. in that spirit. They have to ask questions. That is So they might say, ‘‘We don’t want Mr. President, thank you very much their defense. It is the same defense to make that decision,’’ and, frankly, for the time. I yield the floor. employers have as far as race, as far as they could be sued under this legisla- Mr. NICKLES addressed chair. sex, as far as disability or age. tion. The PRESIDING OFFICER. The Sen- They have to be able to show that is Recently, there was a case in West ator from Oklahoma [Mr. NICKLES] is not their practice, they have not dis- Virginia where a principal was found recognized. criminated; therefore, they have em- dressing in drag and actually soliciting Mr. NICKLES. I thank the Chair. ployed people of whatever sexual ori- sexual favors in West Virginia. It just (The remarks of Mr. NICKLES per- entation. So, for that defense, they are happened a couple of days ago. Because taining to the introduction of S. 2060 going to have to ask people, they are the principal asked for money, it was are located in today’s RECORD under going to have to ask questions: ‘‘What in violation of the State’s prostitution ‘‘Statements on Introduced Bills and is your sexual orientation? Are you ho- act and, therefore, illegal. But if he had Joint Resolutions.’’) mosexual, are you bisexual, are you not asked for money, you could have a f heterosexual,’’ in order to defend them- person who would be cross-dressing and selves. soliciting sex—and that might be their EMPLOYMENT Maybe some people don’t agree with NONDISCRIMINATION ACT sexual orientation—and the school that, but I don’t see any other way. So board could not take disciplinary ac- Mr. NICKLES. Mr. President, I would the net result of this legislation will tion because of their sexual orientation like to take a moment to respond to require employers to ask questions if it is kept private. My point being, some of the statements that were made about sexual orientation which are not you could have a lot of repercussions earlier today by some of our colleagues desired by employees or by employers. that go beyond what individuals have dealing with a variety of legislation, Plus, Mr. President, I have heard peo- thought about in this legislation. most important, the legislation that is ple imply, ‘‘Wait a minute, this is not This legislation is not ‘‘don’t ask, called ENDA, the Employment Non- a whole lot different than what several don’t tell.’’ I look at this statement discrimination Act, that Senator KEN- people in the Senate have signed on to, that many Senators signed. I think a NEDY and some other people have al- a statement put out by the Human lot of people thought, ‘‘Hey, don’t ask, luded to. Rights Campaign Fund which says: don’t tell. That’s my policy. I’ll stick I heard comments such as, ‘‘If this ‘‘Sexual orientation is not a consider- by it.’’ That is not what we will ask if bill becomes law, employers will not be ation in the hiring, promoting or ter- this proposed bill became law. ENDA required to keep any information con- minating of employees in my office.’’ would elevate sexual orientation to a cerning sexual orientation.’’ I totally And 66 Members of the Senate have much higher level, giving Federal pro- disagree with this analysis. Granted, signed this statement. tection and sanction, almost a Federal there is a section in ENDA that says no I did not sign that statement, but I acceptance to promiscuity. quotas, but also if you read the bill, guess I could have, because it has never You might say, how would that be? and I encourage my colleagues to read been a consideration in my office. I The legislation says you cannot dis- the bill, if you look at section 11(A)(1), never asked anybody, I do not want to criminate on account of someone’s sex- it grants to the Equal Employment Op- ask anybody what their sexual orienta- ual orientation as defined by ‘‘homo- portunity Commission the same powers tion is. I didn’t sign it because I sexual, bisexual or heterosexual.’’ It with respect to sexual orientation it thought, well, what if a person who is does not say by individual conduct that now has with respect to race, religion leading a gay activist cause—and there is done in monogamous relationships in and sex. are individuals like that and some are private. So you might have a homo- Under current law, employers are re- in Congress, and other people—if some- sexual or heterosexual that is very pro- quired to make, keep, and preserve body who had a known propensity to be miscuous, with lots and lots of part- records on their employment practices a very strong advocate of gay rights, I ners, and a company or an individual

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10067 or an organization, maybe with some- have gays serve in the military, but a to special status under the Civil Rights what of a religious orientation or lot of us thought, no, that is a mistake. Act. I know my colleague from Massa- moral commitment, finds that behav- Evidently, the promoters of the legisla- chusetts spoke on this earlier today. I ior very repulsive. If such individual or tion agree this is a mistake because felt like it was important to speak on organization did not want to hire such they do not try to change this policy in it because tomorrow we only have 30 a person or continue their employ- ENDA. They said, OK, we are going to minutes, 15 minutes equally divided, ment, they would find themselves sub- have an exemption for the military. for the biggest expansion to the Civil ject to suit. If ENDA passes, the Fed- The military is a large Federal em- Rights Act since its inception, and in eral Government will say: Wait a ployer. We are going to exempt the my opinion a serious, serious mistake. minute. You can’t make any distinc- military from this language. So I hope all of our colleagues will look tions no matter what your religious be- Wait a minute. We have millions of at it very, very closely before they liefs are. You can’t make any distinc- private companies and employers in vote, and I hope that they will vote no tion on account of a person’s sexual this country that we are going to say, tomorrow afternoon. I yield the floor. orientation. wait a minute, for this big Federal em- The PRESIDING OFFICER. The Sen- ‘‘Bisexual’’ by definition means pro- ployer, the Federal Government, we ator from North Carolina, [Mr. HELMS], miscuous, having relations with both are going to exempt them from this is recognized. male and female. We are going to give policy of nondiscrimination based on Mr. HELMS. I thank the Chair. that a Federal preferred protected sta- sexual orientation. But for all other First of all, I commend the distin- tus under this legislation. I think that employers, no matter what your reli- guished assistant majority leader, Mr. is a serious mistake. What about that gious conscience tells you, no matter NICKLES. He has made some excellent school board in West Virginia? What what your religious beliefs are, wheth- points that have floated like a ship about a school board in Montana? What er it is Christian or Jewish or Mos- passing in the night by a lot of Sen- about a school board making decisions lem—all of those basic religions have ators. I hope Senators who did not hear like this in Alabama where maybe this very strong tenets and statements that him by way of television in their of- small community says we do not think homosexuality is wrong and it is im- fices will have the Senator’s remarks we should have avowed open homo- moral—no matter what your religious called to their attention by their as- sexual leaders, gay activists, as teach- belief is, no matter where you are com- sistants tomorrow morning. ers in the fifth grade? ing from, too bad, that is an irrelevant f Mr. President, I ask unanimous con- decision concerning your employment THE DEFENSE OF MARRIAGE ACT sent for an additional 5 minutes. practices. The PRESIDING OFFICER. Without When we are exempting the military Mr. HELMS. Mr. President, during objection, it is so ordered. and saying, oh, it does make a dif- my years in the Senate I have been Mr. NICKLES. If they want to have ference in the military—and we passed privileged on many occasions to work that policy—right now they are able to that; that is now the law of the land— with a substantial number of ministers choose to have such a policy. If this but now we are going to say for all whose Washington churches today are legislation became law, they could be other employers, no matter what your referred to as ‘‘African-American.’’ sued. I think it is important to point convictions are throughout the coun- These fine ministers have almost that out. Do we want to give that kind try, you are not exempt. I think that is unanimously supported efforts by my- of special status to behavior that many a serious mistake, a serious mistake. self and Joe Gibbs and others to restore Americans find objectionable? Some Granted, nine States have some type school prayer to the Nation’s class- people have said, ‘‘Well, it’s immu- of nondiscrimination based on sexual rooms. They are, in the main, opposed table.’’ I would debate that or question orientation laws, nine States. That to abortion. In fact, I do not recall that. But many, many people feel, be- means there are 41 States that do not. even one of these ministers ever de- cause of Biblical orientation, that it is I guess a few of those States have done scribing himself or herself as ‘‘pro- immoral. Do we want to give that spe- something by executive order. Senator choice.’’ But that perhaps is neither cial protection and status to ‘‘sexual KENNEDY is right, those executive or- here nor there in terms of what I am orientation’’ under the Civil Rights ders can be changed, rescinded, or here this evening to speak about. Act? amended. But why in the world would The day before the Senate adjourned I met with a couple of black min- we think we have to come in and have for the August recess, I ran into one of isters who were very offended by the 41 States be overridden by the Federal these fine ministers over in the Russell assessment of some that, well, this is Government? I think that would be a Building. His church is Baptist. He has just another special class that needs serious mistake. a booming, cheerful voice. And when I special status, such as race and gender. So, Mr. President, I would just urge heard that voice, I knew who it was. He They are offended because they partici- our colleagues to think about if school was saying, ‘‘Are you going home to- pated in civil rights demonstrations boards in some places, maybe, again, morrow?’’ And I told him I thought I and they worked to bring about civil Alabama or West Virginia, really find was since the Senate probably would rights for minorities. They are very, promiscuous conduct unacceptable, and recess for the month of August. very offended by this. So, Mr. Presi- such persons engaging in such conduct I asked him, Mr. President, if he had dent, I just make that comment. Plus, not the right type of role models they a message for the folks back home. And I want to make another comment in re- would like to have for their young peo- he said, ‘‘I sure do. Tell them that God gard to the military. ple they would be subject to suit under created Adam and Eve—not Adam and The legislation exempts the military. ENDA. Let us not leave them subjected Steve.’’ I guess everybody applauds that. This to unbelievable lawsuits. Let us not Some may chuckle at this good-na- Congress, 3 years ago, voted basically have the Federal Government tell them tured minister’s humor. But he meant to repeal President Clinton’s efforts to that, no, they are not right. Let us not exactly what he was saying. In fact, it say that homosexuals should serve in tell organizations such as the Boy was a sort of sermonette. The truth is, the military. It was one of President Scouts or others that might have a pol- he was hitting the nail on the head, if Clinton’s first efforts in this Congress. icy that would be contrary to this leg- you want to use that cliche, or telling In a bipartisan fashion, we said we do islation, let us not tell them they have it like it is. However one may choose not agree, and we changed the Presi- to change it because we have decided to describe this minister’s getting dent’s policy. He did not like it, but we we know better. I think that would be down to the nitty-gritty, it was no changed it. And we came up with a pol- a serious mistake. mere cliche, Mr. President. There could icy, ‘‘don’t ask, don’t tell.’’ Most of us The reason why I mention this to- not have been, as a matter of fact, a basically were comfortable with that night is we will have 3 hours of debate better way to begin this debate in favor result and still are. That is the law of on the defense of marriage bill tomor- of the Defense of Marriage Act, which the land today. row. But we only have 30 minutes on is H.R. 3396. The formal debate will It was not what President Clinton the legislation dealing with sexual ori- begin tomorrow morning in this Cham- wanted. President Clinton wanted to entation, elevating sexual orientation ber, the U.S. Senate.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10068 CONGRESSIONAL RECORD — SENATE September 9, 1996 Now then, let there be no mistake less American employers, and, in the VII. This enforcement structure par- about it, this bill in no way, to any de- long run, put in question the legality allels the ADA—under which employers gree, is the kind of legislation which of the Defense of Marriage Act. The ho- do not have to ask if an employee has homosexual and lesbian leaders have mosexual lobby knows this and that is a disability or keep statistics—and the disdainfully described as a, to use their why there is such a clamor favoring EEOC says that it will undoubtedly en- words, ‘‘hate-driven bill.’’ adoption of the Kennedy bill. force ENDA in the same way that it en- In fact, it is precisely the critics of Mr. President, at the heart of this de- forces the ADA. Therefore, there will H.R. 3396 who are demanding that ho- bate is the moral and spiritual survival not be any additional reporting re- mosexuality be considered as just an- of this Nation. Alexis de Tocqueville quirements. other lifestyle—these are the people said a century and a half ago that Finally, the EEOC says that because who seek to force their agenda upon America had grown great because ENDA does not recognize a cause of ac- the vast majority of Americans who re- America was good. Mr. de Tocqueville tion for disparate impact discrimina- ject the homosexual lifestyle. also warned that if America made the tion, there are no requirements pursu- Indeed, Mr. President, the pending mistake of ceasing to be good, America ant to the Uniform Guidelines on Em- bill—the Defense of Marriage Act—will would cease to be great. ployee Selection. That has been an safeguard the sacred institutions of So, we must confront the question issue that has been brought up several marriage and the family from those posed long ago: ‘‘Quo Vadis, America?’’ times and raised again this evening. I who seek to destroy them and who are The Senate is about to answer that hope I have responded to any of the willing to tear apart America’s moral question. We will decide whither goeth concerns that people have on this fabric in the process. America. It is solely up to us. issue, and I have included information Isn’t it disheartening, Mr. President, f from the EEOC in the record earlier that Congress must clarify the tradi- today. tional definition of marriage? But inch EMPLOYMENT Second, Mr. President, this legisla- by inch, little by little, the homosexual NONDISCRIMINATION ACT tion is not a license for bizarre behav- lobby has chipped away at the moral Mr. KENNEDY. Mr. President, I ad- ior—we heard that referenced earlier stamina of some of America’s courts dressed the Senate earlier today, but I this evening. Like other civil rights and some legislators, in order to create just take a very few moments to re- laws, the Employment Nondiscrimina- the shaky ground that exists today spond to some of the points that have tion Act does not protect bizarre be- that prompts this legislation being the been made earlier by those who are op- havior. Employers can still enforce subject of debate tomorrow morning in posed to the Employment Non- workplace rules as long as they apply the U.S. Senate. discrimination Act. them uniformly to heterosexuals and Just think, the prospect of a sov- First of all, on the question of dis- homosexuals. This legislation allows ereign State’s being compelled to rec- parate impact and disparate treatment employers to discipline homosexuals ognize same-sex marriages sanctioned of individuals, I want to make it clear and heterosexuals whose behavior is il- in another State is incredibly stark. If again this evening, as we tried to make legal or unsafe or that compromises Hawaii’s supreme court legalizes same- it clear earlier in the day—this is an their ability to perform their job—the sex marriages in Hawaii, does the full issue that keeps coming up and I think examples given earlier this evening faith and credit clause of the Constitu- it is important that we address—the would clearly fall under those stand- tion compel the other 49 States to rec- Employment Nondiscrimination Act ards. These policies must simply be ap- ognize the new marriage law within covers a showing of discrimination plied to all employees—heterosexual their jurisdictions? I say no. based on disparate treatment, not dis- and homosexual. Such a suggestion, Mr. President, is a parate impact. That means the person For example, my colleagues ex- cockeyed interpretation of the Con- must do the following, first, prove that pressed concern about dress conveying stitution; and this is one of so many he or she is covered by ENDA. explicit sexual messages or that is oth- times that I have wished the late, great Second, a person must show that he erwise inappropriate. There is no need Senator Sam J. Ervin, Jr., were here to or she was qualified for the employ- for concern. An employer can enforce a cut it down to size. Homosexuals and ment opportunity at issue and that the dress code. It must simply apply to all lesbians boast that they are close to re- employer’s adverse treatment was employees. An employer may also en- alizing their goal—legitimizing their based on the person’s sexual orienta- force a code of conduct. School systems behavior. tion. can discipline teachers who appear in Mr. President, Bill Bennett has Third, the employer must then pornographic movies or other kinds of championed the cause of preserving present evidence to show that the ad- activities, but they must discipline America’s culture; he contends that we verse treatment was taken because of both homosexuals and heterosexuals are already reaping the consequences some legitimate nondiscriminatory similarly. of the devaluation of marriage. And he reason, not sexual orientation, and That is all we are looking for, similar warns that ‘‘it is exceedingly impru- then the individual making the claim treatment. Employers can establish dent to conduct a radical, untested, bears the ultimate burden of proving codes of conduct. All they have to do is and inherently flawed social experi- that discrimination based on sexual make sure that they apply to both ment on an institution that is the key- orientation actually occurred. groups. stone and the arch of civilization.’’ Now, the Employment Non- I say to my colleagues who feel they Bill Bennett is everlastingly right, discrimination Act is not violated do not understand this legislation, the and I believe the American people in merely because an employment prac- Employment Nondiscrimination Act is the majority understand that the De- tice has a disparate impact on gay men not a license to illegal behavior. It is fense of Marriage Act is vitally impor- and lesbian women. Therefore, statis- legislation that allows homosexuals tant. It will establish a simple, clear tics are not needed to enforce the Em- and heterosexuals to work without Federal definition of marriage as the ployment Nondiscrimination Act and being the subject of discrimination. legal union of one man and one woman, employers are not required to ask Once again, the legislation simply says and it will exempt sovereign States whether an employee is gay. Despite that employees, whether heterosexual from being compelled by a half-baked this provision in the Employment Non- or homosexual, must be treated fairly interpretation of the U.S. Constitution discrimination Act, my colleagues are and equally. to recognize same-sex marriages concerned that the Equal Employment Finally, there is some question about wrongfully legalized in another State. Opportunity Commission will require where all of this would lead. I think we If the Senate, tomorrow, makes the employers to keep statistics regarding can look to the nine States that have mistake of approving the Employment the sexual orientation of their employ- laws at the present time. They can be Nondiscrimination Act proposed by the ees. the best answers to many of the ques- Senator from Massachusetts, it will The Employment Nondiscrimination tions posed by those opposed to the pave the way for liberal judges to Act grants the EEOC the same enforce- bill. We know, that these laws are not, threaten the business policies of count- ment powers that it has under title and they have not been problematic. I

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10069 have pointed out that in the 9 States, if kept from employment or discrimi- fundamental sense of fairness valued by you added all the cases together, over nated against because of race, religion, Americans. If we at Kodak felt that this bill the period of the last 5 years, you gender, national origin, age, or dis- were intrusive, expensive, or otherwise inap- ability. propriate for American business, we would would be lucky if there are 15 cases, in not support it. But after a thorough analysis the last 4 to 5 years. Unfortunately, workplace discrimi- of its provisions, we are convinced that the In fact, when the people of California nation on the basis of sexual orienta- Employment Nondiscrimination Act will faced a referendum in 1978 to exclude tion remains a real problem in many have a positive impact on our country’s abil- gay people from teaching or mentoring, communities. In case after documented ity to compete. that referendum was defeated with the case, highly qualified individuals have Mr. President, this legislation is help of Ronald Reagan, who did tele- been dismissed, or otherwise discrimi- carefully drafted to prohibit any pref- vision spots in opposition. He under- nated against in their jobs for no other erential treatment, including quotas, stands, and I think most understand, reason than their sexual orientation. and to prohibit disparate impact suits that we should not be stereotyping in- Such discrimination is intolerable in based on sexual orientation, as the dividuals. But stereotypes have been America. We are better than that. A re- Senator from Massachusetts has point- used against gay men and lesbians in cent poll in Newsweek indicates that ed out. It exempts small businesses the past and in this debate, as well. this measure is supported by over 80 with fewer than 15 employees, and it This is what former President percent of the American people. It has exempts religious organizations, in- Reagan said in 1978: been endorsed by a wide array of reli- cluding educational institutions sub- As to the role model argument, a woman gious organizations, including the stantially controlled or supported by writing to the editor of a Southern Cali- United Methodist Church, the Pres- religious organizations. fornia newspaper said it all: ‘‘If teachers had byterian Church (USA), the Episcopal Mr. President, for too long, many such power over children, I would have been Church, the Evangelical Lutheran Americans have suffered employment a nun years ago.’’ Whatever else it is, homo- Church in America, the American Jew- discrimination. In recent decades, we sexuality is not a contagious disease like the ish Congress, the National Council of have done much to eliminate this blot measles. Prevailing scientific opinion is that a child’s teachers do not really influence the Churches of Christ in the U.S.A., on our history. It is time for us to this. the Religious Action Center of Reform enact this legislation and extend the Although I have not always agreed Judaism, and the United Church of principle of fairness embodied in the with former President Reagan, in this Christ, to mention some. Nation’s civil rights laws to all Ameri- As the presiding bishop of the Epis- case, I think he is right on target, just cans, regardless of sexual orientation. copal Church, Edmund L. BROWNing, I thank the Chair and yield the floor. as Senator Barry Goldwater. I suggest the absence of a quorum. This legislation deals with the unfair wrote in a letter, dated July 30, 1996: Since 1967, the Episcopal church has been The PRESIDING OFFICER. The stereotypes. Homosexuals are not clerk will call the roll. strangers, or pedophiles, or child mo- committed publicly to the notion of guaran- teeing equal protection for all citizens, in- The legislative clerk proceeded to lesters. They are people we know, re- cluding the homosexual persons, under the call the roll. spect, and care about. They are people law. In that year, the General Convention of Mr. LOTT. Mr. President, I ask unan- of integrity. They have a sense of right the Episcopal Church, the Church’s highest imous consent that the order for the and wrong, an understanding of justice policymaking body, expressed its conviction quorum call be rescinded. and fair play, and a willingness to work that homosexual persons are entitled to The PRESIDING OFFICER. Without hard. They are American citizens, and equal protection of the laws with all other objection, it is so ordered. citizens and called upon society to ensure they don’t deserve to be subjected to f discrimination on the job. that such protection is provided in actuality. The Employment Nondiscrimination Act ex- CHEMICAL WEAPONS CONVENTION We have fought against similar plicitly fulfills that mandate. . . stereotypes regarding women, minori- My warm embrace of this legislation, of Mr. LOTT. Mr. President, under a ties, the disabled, the elderly, and reli- course, reflects more than my standing as previous unanimous-consent agreement gious believers. Presiding Bishop of the Episcopal Church. It entered on June 28, 1996, the Senate is In the past, we thought women were represents my deep, personal belief in the in- scheduled to consider the Chemical too weak to compete in the board room trinsic dignity of all God’s children. That Weapons Convention by the end of this or on the playing field. Today, we cele- dignity demands that all citizens have a full week. There has been much written brate their business acumen and gold and equal claim upon the promise of the and much said about the convention, American ideal, which includes equal civil whether it is the right thing to do or medal-winning athletic achievements. rights protection against unfair employment In the past, people in this Chamber discrimination. For far too long, our civil not; is it verifiable? have questioned the intelligence and rights laws look the other way with respect On the other side, there are those tenacity of minorities. We still fight to discrimination based on race, gender, reli- who say it would affect the overall at- some of those battles, but we are not gion, national origin, age, or disability. mosphere with regard to these chem- where we used to be. In the past, the Fighting to right those wrongs taught us ical weapons. There is very legitimate Nation questioned whether a Catholic that the cause of civil rights protection for debate about whether or not this con- should be President. I remember when one is the cause of such protection for all. vention should be ratified or not. It is Today, so long as some of us remain subject our country pushed bigotry aside and my intention to go forward with the to employment discrimination on the basis consideration of this Chemical Weap- put such a man in the White House. of sexual orientation, our system of civil We have become a better country be- rights protection for all Americans remains ons Convention beginning probably on cause we rose above the discrimination an unfulfilled ideal. The long overdue protec- Thursday. We are scheduled to have that divides us and nurtures bigotry. tion embodied in this legislation brings that votes on Friday. Mr. President, I yield the floor. ideal one significant step closer to reality. But as we near consideration of that Mr. LEVIN addressed the Chair. Mr. President, the opponents of this convention, I wanted to share with my The PRESIDING OFFICER. The Sen- legislation have argued that the Em- colleagues some of the correspondence ator from Michigan is recognized. ployment Nondiscrimination Act will that I have recently received. Late on Mr. LEVIN. I am pleased that the cause practical problems in the work- Friday of last week, I received a letter Senate, tomorrow, will be voting on place. But we know that this is not of opposition to the convention signed the Employment Nondiscrimination true, because similar legislation is al- by more than 50 defense and foreign Act. Every worker in this country ready in place, as the Senator from policy experts, including two former should be judged solely on the basis of Massachusetts pointed out, in nine Secretaries of Defense, former mem- valid work-related criteria: The work- States. As Michael P. Morely, the bers of the Joint Chiefs of Staff, and er’s job performance and his or her president of Eastman Kodak Co., testi- many others. The letter made four fun- ability to perform the job. People who fied on July 17 of this year: damental points: The Chemical Weap- work hard and perform well should not It is our belief that ENDA is good for ons Convention is not global, it is not be kept from leading productive and re- American business, large or small. The bill is effective, and is not verifiable, but it sponsible lives because of sexual ori- in step with trends in the Nation’s most suc- will have significant costs to American entation any more than they should be cessful businesses, and is in tune with the security.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10070 CONGRESSIONAL RECORD — SENATE September 9, 1996 Their letter concludes by stating the committee with jurisdiction, has ‘‘produce, process, consume, export or im- that ‘‘The national security benefits of been very active in trying to have port’’ certain regulated chemicals with rati- the Chemical Weapons Convention questions answered, to get information fication of the Chemical Weapons Conven- tion Treaty (CWC) and its implementing leg- clearly do not outweigh its consider- provided, to get intelligence informa- islation. able costs. Consequently, we respect- tion available to Senators, and in This Congress has begun to address the se- fully urge you to reject ratification of many instances that information was rious problems of paperwork burdens and red the CWC unless and until it is made late in coming or has not been provided tape which are strangling small businesses in genuinely global, effective, and at all. As a matter of fact, much of it this country. The passage of the Paperwork verifiable.’’ has been described as being classified; Reduction Act and the Small Business Regu- This is not my judgment. It is the therefore, it could not be provided. latory Enforcement Fairness Act were posi- judgment, however, of Caspar Wein- In view of that, I am very seriously tive first steps in reducing the excessive reg- ulatory burden which consistently ranks in berger, William Clark, Dr. Jeane Kirk- considering and probably will seek a the top five problems small business face in patrick, Ed Meese, Dick Cheney, and closed session to consider this matter NFIB surveys. many others who served with distinc- so that Senators can be made aware of The CWC reverses the trend of reducing the tion under Presidents Reagan and intelligence information that is classi- growing regulatory burden on small busi- Bush. I think their views deserve seri- fied, if that is necessary. In order to ness. According to the Congressional Office ous consideration from every Member. avoid that, I have asked that some of of Technology inspections of businesses re- As you will note, two of those names this documentation be declassified by quired under CWC will cost small business that I read are former Secretaries of $10,000–$20,000. The typical small business the administration so that all Senators owner takes home only $40,000 per year. The Defense and certainly highly respected. can have access to it without our hav- Department of Commerce has estimated that Our colleague from the House of Rep- ing to go into closed session. a business will spend from 2.5–9 hours on pa- resentatives, Dick Cheney, is one that I wanted to call to the Senate’s at- perwork for each chemical used depending on I really had not known exactly what tention this correspondence that I have its classification. his position was, so it was of great in- outlined because it is very important There is a great deal of disagreement on terest to me to see what his thoughts that a range of views be made available the number of businesses which would be af- might be. to all Senators. The administration has fected by the CWC. Numbers have ranged from 3,000 to 10,000. The regulatory burden of I have two other letters that I en- been making its case for quite some the CWC will hit small businesses harder courage Members to review. First, the time, but opponents of the convention than big business. A 1995 Small Business Ad- National Federation of Independent have just begun the serious examina- ministration study stated that while small Business wrote to me today expressing tion the convention really deserves. business employs 53 percent of the work- serious concern about the impact of There were some Members who have force, they bear 67 percent of business’ total the CWC on the more than 600,000 mem- been involved in this issue —I believe regulatory expense. Even if the number of bers of the NFIB. The letter notes that Senator STEVENS arranged for a brief- small businesses in the initial list of affected under the CWC, for the first time small ing this very afternoon that was spon- companies is limited to a specific list, the fact that additional businesses might be reg- businesses would be subject to a for- sored by the Arms Control Observer ulated by CWC without approval by the U.S. eign entity inspecting their businesses. Group. We did have some people testi- Congress will leave small business powerless The concerns that are expressed con- fying, stating they had opposition to to have any input as it does under the U.S. cerning increased regulatory burden of the convention, others that were sup- regulatory system. For the first time, small the Chemical Weapons Convention on portive of it. We are trying to get a businesses would be subject to a foreign enti- American small business I think should balance in what is presented to the ty inspecting their business. be weighed very carefully before com- Senators, both privately and publicly. The CWC will continue to bury small busi- ing to a decision about his or her atti- My own personal greatest concern is nesses in paperwork and regulations. There- fore, NFIB urges your serious consideration tude and what the position would be of the question of verification. What do of the affect of this Treaty on the small busi- that Senator on the convention. I know we do about Iraq? If we pass a conven- nesses in this country. my colleagues do not want to vote first tion like this, that would be applicable Sincerely, and ask questions later when it comes to us, sort of the law-abiding citizens DAN DANNER, to small business, which already bears of the world, how do we make sure Vice President, a disproportionate share of the regu- what is happening in Iraq, North Federal Government Relations. latory burden from the Federal Gov- Korea, and Libya, the renegade coun- SEPTEMBER 9, 1996. ernment. tries of the world? Is this going to be a Hon. TRENT LOTT, I also received a letter today from re- situation where we go forward with Majority Leader, tired Gen. James A. Williams, former this convention, this Chemical Weap- U.S. Senate, head of the Defense Intelligence Agen- ons Convention, yet those who are the Washington, DC. cy with almost four decades of experi- real threat do not participate, or deny DEAR SENATOR LOTT: As you weigh the ben- ence in intelligence. General Williams that they are involved, or we are not in efits and costs of the Chemical Weapons Con- raises very serious concerns over the a position where we can verify what vention (CWC) I would like to offer some in- potential of CWC being used to gain they are actually doing? sight gained during my 28 years at every So, I ask unanimous consent the level of Military Intelligence and my subse- proprietary information from Amer- quent ten years in competitive intelligence ican business. three letters I received and the letter I and counterintelligence for some of the pre- He concludes that ‘‘there is potential wrote to the President last week be mier companies in this country. The need for for the loss of untold billions of dollars printed in the RECORD so all Senators international mechanisms to control or of trade secrets which can be used to will have access to these letters and to eliminate the potential use of chemical gain competitive advantage, to shorten this information, much of which had weapons cannot be denied but the mecha- R&D cycles, and to steal U.S. market not been made available prior to to- nisms must not be adopted in haste or under share.’’ night. pressure. I ask only that you delay consider- Many businesses have contacted my There being no objection, the letters ation long enough for an informed debate to take place, and I stress informed. office and the offices of other Senators were ordered to be printed in the My foremost concern is that the CWC adds expressing these and similar concerns RECORD, as follows: little to the ability of this country, or any about Senate action on this conven- NATIONAL FEDERATION OF other for that matter, to be assured that tion. INDEPENDENT BUSINESS, chemical weapons are not being manufac- Last week I wrote to the President Washington, DC, September 9, 1996. tured by specific nations. Experience in Iraq expressing my concern that the Clinton Hon. TRENT LOTT, has amply demonstrated the ease with which administration was less than fully Majority Leader, U.S. Senate, Washington, DC. inspections can be thwarted and sanctions forthcoming in responding to the Sen- DEAR MR. LEADER, On behalf of the more evaded. With all of the effort put into the in- than 600,000 members of the National Federa- spection program the United States is still ate’s request for information and docu- tion of Independent Business (NFIB), I want unable to say whether Iraq retains a capa- ments. I requested specific documents to express serious concern regarding the reg- bility to manufacture chemical weapons. We previously requested by other Sen- ulatory requirements and burdens that are unable to state publicly the chemical ators. Senator HELMS, the chairman of would be placed on small businesses who weapons production capabilities of nations

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10071 such as Libya, Iran, Syria, China or Korea. North Korea, and Libya) have not agreed to Vice Admiral William Houser, U.S. Navy Many nations possess a production capa- join the treaty regime. Russia is among (Retired), former Deputy Chief of Naval Op- bility or are thought to possess such capa- those who have signed the Convention but is erations for Aviation. bilities. Nations that are likely to produce unlikely to ratify—especially without a com- Admiral Wesley McDonald, U.S. Navy (Re- chemical weapons for use by terrorists or for mitment of billions in U.S. aid to pay for the tired), former Supreme Allied Commander, limited battlefield deployment can produce destruction of Russia’s vast arsenal. Even Atlantic. sufficient quantities in laboratories small then, given our experience with the Krem- Admiral Kinnaird McKee, U.S. Navy (Re- enough that they can be temporarily closed lin’s treaty violations and its repeated re- tired), former Director, Naval Nuclear Pro- or relocated to avoid inspections. The fusal to implement the 1900 Bilateral De- pulsion. exiting treaty on chemical weapons is al- struction Agreement on chemical weapons, General Merrill A. McPeak, U.S. Air Force ready so weak on this point that no effort future CWC violations must be expected. (Retired), former Chief of Staff, U.S. Air has been made to enforce it and provisions of The CWC is not effective because it does Force. the CWC are even weaker. Let’s discuss ob- not ban or control possession of all chemi- Lieutenant General T.H. Miller, U.S. Ma- jectively what information is required to cals that could be used for lethal weapons rine Corps (Retired), former Fleet Marine verify such a treaty, the capabilities re- purposes. For example, it does not prohibit Force, Commander/Head, Marine Aviation. quired to collect the information, the cost of two chemical agents that were employed General John L. Piotrowski, U.S. Air doing so, and the likelihood of making such with deadly effect in World War I—phosgene Force (Retired), former Member of the Joint collection. and hydrogen cyanide. The reason speaks Chiefs of Staff as Vice Chief, U.S. Air Force. Furthermore, the opportunity for unfet- volumes about this treaty’s impractical na- General Bernard Schriever, U.S. Air Force tered access to virtually every industrial fa- ture: they are too widely used for commer- (Retired), former Commander, Air Research cility in this country, not merely the phar- cial purposes to be banned. and Development and Air Force Systems maceutical and chemical plants, would make The CWC is not verifiable as the U.S. intel- Command. most foreign intelligence organizations very ligence community has repeatedly acknowl- Lieutenant General James Williams, U.S. happy, even gleeful. It is likely to cause the edged in congressional testimony. Authori- Army (Retired), former Director, Defense In- counterintelligence sections of the FBI and tarian regimes can be confident that their telligence Agency. the Defense Investigative Service major violations will be undetectable. Now, some Additional Signatories (non-military): problems for the foreseeable future. The in- argue that the treaty’s intrusive inspections Mark Albrecht, former Executive Sec- spection procedures which apply to ALL in- regime will help us know more than we retary, National Space Council. dustries constitute unprecedented access to would otherwise. The relevant test, however, Kathleen Bailey, former Assistant Director our manufacturing base, not just those is whether any additional information thus of the Arms Control and Disarmament Agen- thought likely to be engaged in proscribed gleaned will translate into convincing evi- cy. activities! My experience in protecting pat- dence of cheating and result in the collective Robert B. Barker, former Assistant to the ents and intellectual property over the past imposition of sanctions or other enforcement Secretary of Defense for Nuclear and Chem- ten years leads me to conclude that there is measures. In practice, this test is unlikely to ical Weapon Matters. the potential for the loss of untold billions of be satisfied since governments tend to look Henry Cooper, former Director, Strategic dollars in trade secrets which can be used to the other way at evidence of non-compliance Defense Initiative Organization. gain competitive advantage, to shorten R&D rather than jeopardize a treaty regime. J.D. Crouch, former Principal Deputy As- cycles, and to steal US market share. To What the CWC will do, however, is quite sistant Secretary of Defense. allow the invasion of private property with- troubling: It will create a massive new, UN- Midge Decter, former President, Com- out probable cause or a search warrant could style international inspection bureaucracy mittee for Free World. undermine every industrial security stand- (which will help the total cost of this treaty Kenneth deGraffenreid, former Senior Di- ard established under government regula- to U.S. taxpayers amount to as much as $200 rector of Intelligence Programs, National tions or by private firms seeking to protect million per year). It will jeopardize U.S. citi- Security Council. industrial processes or other proprietary in- zens’ constitutional rights by requiring the Diana Denman, former Co-Chair, U.S. formation. Under the inspection and report- U.S. government to permit searches without Peace Corps Advisory Council. ing practices specified in the CWC I see no either warrants or probable cause. It will im- Elaine Donnelly, former Commissioner, prohibition against the exchanging of lucra- pose a costly and complex regulatory burden Presidential Commission on the Assignment tive information among the nations con- on U.S. industry. As many as 8,000 companies of Women in the Armed Services. ducting a given inspection. This country, for across the country may be subjected to new David M. Evans, former Senior Advisor to valid reasons, does not permit its intel- reporting requirements entailing uncompen- the Congressional Commission on Security ligence agencies to conduct industrial espio- sated annual costs of between thousands to and Cooperation in Europe. nage but we may be the only nation in the hundreds-of-thousands of dollars per year to Charles Fairbanks, former Deputy Assist- world to hold to such a standard. comply. Most of these American companies The CWC constitutes a significant depar- have no idea that they will be affected. And ant Secretary of State. ture from the way this country conducts perhaps worst of all, the CWC will determine Douglas J. Feith, former Deputy Assistant business and the way our society has elected the standard of verifiability that has been a Secretary of Defense. to protect its very fabric. It seems to me key national security principle for the Rand H. Fishbein, former Professional that the CWC has been put together as a pla- United States. Staff member, Senate Defense Appropria- cebo measure to make people feel good but Under these circumstances, the national tions Subcommittee. without considering the overall long term security benefits of the Chemical Weapons Frank J. Gaffney, Jr., former Acting As- impact on our industry, our society and our Convention clearly do not outweigh its con- sistant Secretary of Defense. legal system. The Congress bears the respon- siderable costs. Consequently, we respect- William R. Graham, former Science Advi- sibility of assuring our citizenry that the ad- fully urge you to reject ratification of the sor to the President. vantages and disadvantages have been care- CWC unless and until it is made genuinely James T. Hackett, former Acting Director fully considered and balanced. global, effective and verifiable. of the Arms Control and Disarmament Agen- We look to you to insure that those safe- WILLIAM P. CLARK. cy. guards are built into the process. DICK CHENEY. Charles A. Hamilton, former Deputy Direc- Sincerely, CAP WEINBERGER. tor, Strategic Trade Policy, U.S. Department JAMES A. WILLIAMS, JEANE KIRKPATRICK. of Defense. LTG U.S. Army (Ret.) EDWIN MEESE III. Amoretta M. Hoeber, former Deputy Under Secretary, U.S. Army. SIGNATORIES ON LETTER TO SENATOR TRENT Charles Horner, former Deputy Assistant SEPTEMBER 6, 1996. LOTT REGARDING THE CHEMICAL WEAPONS Secretary of State for Science and Tech- Hon. TRENT LOTT, CONVENTION nology. Majority Leader, U.S. Senate, (As of September 9, 1996; 9:30 a.m.) Fred Ikle, former Under Secretary of De- Washington, DC. Signatures on letter: EAR SENATOR LOTT: As you know, the fense for Policy. D William P. Clark, former National Secu- Senate is currently scheduled to take final Sven F. Kraemer, former Director for Arms rity Advisor to the President. Control, National Security Council. action on the Chemical Weapons Convention Casper Weinberger, former Secretary of Charles M. Kupperman, former Special As- (CWC) on or before September 14th. This Defense. treaty has been presented as a global, effec- Richard B. Cheney, former Secretary of sistant to the President. tive and verifiable ban on chemical weapons. Defense. John Lenczowski, former Director for So- As individuals with considerable experience Jeane J. Kirkpatrick, former U.S. Ambas- viet Affairs, National Security Council. in national security matters, we would all sador to the United Nations. Bruce Merrifield, former Assistant Sec- support such a ban. We have, however, con- Edwin Meese III, former U.S. Attorney retary for Technology Policy, Department of cluded that the present Convention is seri- General. Commerce. ously deficient on each of these scores, Additional Signatories (retired military): Taffy Gould McCallum, columnist and free- among others. General John W. Foss, U.S. Army (Re- lance writer. The CWC is not global since many dan- tired), former Commanding General, Train- Laurie Mylroie, best-selling author and gerous nations (for example, Iran, Syria, ing and Doctrine Command. Mideast expert specializing in Iraqi affairs.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10072 CONGRESSIONAL RECORD — SENATE September 9, 1996 Richard Perle, former Assistant Secretary Kyl asked for a specific document—a cable MESSAGES FROM THE HOUSE of Defense. written in Bonn, Germany by Arms Control Norman Podhoretz, former editor, Com- and Disarmament Agency (ACDA) Director At 12:32 p.m., a message from the mentary Magazine. Holum concerning current Russian govern- House of Representatives, delivered by Roger W. Robinson, Jr., former Chief Exec- ment positions on the Bilateral Destruction Mr. Hays, one of its reading clerks, an- utive Economist, National Security Council. Agreement, ratification of the Chemical nounced that the House agrees to the Peter W. Rodman, former Deputy Assist- Weapons Convention and on U.S. assistance amendments of the Senate to the bill ant to the President for National Security for the destruction of Russian chemical (H.R. 2428) to encourage the donation Affairs and former Director of the Policy weapons. On numerous occasions, Senator of food and grocery products to non- Planning Staff, Department of State. Kyl was told the document did not exist. Fi- profit organizations for distribution to Edward Rowny, former Advisor to the nally, on July 26, Senator Kyl was able to see needy individuals by giving the Model President and Secretary of State for Arms a redacted version of the document under Control. tightly controlled circumstances but the Good Samaritan Food Donation Act Jacqueline Tillman, former Staff member, document has not been made available to the full force and effect of law. National Security Council. Chairman Helms or other Senators. f Michelle Van Cleave, former Associate Di- Mr. President, the unanimous consent rector, Office of Science and Technology. agreement of June 28, 1996, was entered into EXECUTIVE AND OTHER William Van Cleave, former Senior Defense in good faith, and based on our under- COMMUNICATIONS Advisor and Defense Policy Coordinator to standing that the administration could and The following communications were the President. would be fully forthcoming in the provision laid before the Senate, together with Malcolm Wallop, former United States of information and documents to enable the accompanying papers, reports, and doc- Senator. Senate to fulfill its constitutional respon- Deborah L. Wince-Smith, former Assistant sibilities. Numerous judgements of the uments, which were referred as indi- Secretary for Technology Policy, Depart- United States intelligence community de- cated: ment of Commerce. serve as wide a circulation as possible—par- EC–3919. A communication from the Gen- Curtin Winsor, Jr., former U.S. Ambas- ticularly since they are distinctly different eral Counsel of the Department of Transpor- sador to Costa Rica. than some public statements made by offi- tation, transmitting, pursuant to law, two Dov S. Zakheim, former Deputy Under Sec- cials of your Administration concerning the rules including a rule entitled ‘‘Airworthi- retary of Defense. Convention. ness Directives,’’ (RIN2120-A64, 2120-AF36) re- Accordingly, I respectfully request that ceived on September 3, 1996; to the Com- U.S. SENATE, you reconsider your refusal to declassify mittee on Commerce, Science, and Transpor- OFFICE OF THE MAJORITY LEADER, critical documents and consider the declas- tation. Washington, DC, September 6, 1996. sification of important intelligence commu- EC–3920. A communication from the Gen- President WILLIAM JEFFERSON CLINTON, nity judgments—consistent with the need to eral Counsel of the Department of Transpor- The White House, protect intelligence sources and methods. tation, transmitting, pursuant to law, three Washington, DC. Specifically, I request that you act imme- rules including a rule entitled ‘‘Safety Zone,’’ (RIN2115-AA97, 2115-AE46) received on DEAR MR. PRESIDENT: I am writing to ask diately to declassify the May 21, 1996, cable September 3, 1996; to the Committee on Com- your cooperation and support for Senate ef- written by ACDA Director Holum and the forts to obtain information and documents merce, Science, and Transportation. July 8, 1996, letter from Russian Prime Min- EC–3921. A communication from the Gen- directly relevant to our consideration of the ister Chernomyrdin to Vice-President Gore, eral Counsel of the Department of Transpor- Chemical Weapons Convention. and consider immediate declassification of tation, transmitting, pursuant to law, four As you know, the Senate is currently the paragraphs from which the attached rules including a rule entitled ‘‘Pilot State scheduled to consider the Convention on or statements are excerpted—all drawn from Highway Program,’’ (RIN2127-AF94, 2127- before September 14, 1996 under a unanimous documents produced by the Central Intel- AF17, 2115-AE94, 2115-AA97) received on Sep- consent agreement reached on June 28, 1996. ligence Agency and the Defense Intelligence tember 5, 1996; to the Committee on Com- Immediately prior to the Senate agreement Agency on the Russian chemical weapons merce, Science, and Transportation. on the Convention, I stated, ‘‘With respect to program, the verifiability of the Chemical EC–3922. A communication from the Gen- the Chemical Weapons Convention, the Ma- Weapons Convention, the effect of the Con- eral Counsel of the Department of Transpor- jority Leader and the Democratic Leader vention on the chemical weapons arsenals of tation, transmitting, pursuant to law, twen- will make every effort to obtain from the ad- rogue states, and the relevance of the Con- ty-two rules including a rule entitled ‘‘Air- ministration such facts and documents as re- vention to acts of terrorism committed with worthiness Directives,’’ (RIN2120-AA64, 2120- quested by the Chairman and ranking mem- chemical weapons. AA65, 2120-AA66) received on September 5, ber of the Foreign Relations Committee, in I make these requests to enable the Senate 1996; to the Committee on Commerce, order to pursue its work and hearings needed to fully prepare for its consideration of the Science, and Transportation. to develop a complete record for the Senate Chemical Weapons Convention. I am certain EC–3923. A communication from the Man- ...’’ you would agree it is necessary for the Sen- aging Director of the Federal Communica- I regret to inform you that your adminis- ate to have complete and usable information tions Commission, transmitting, pursuant to tration has not been fully cooperative in in order to fulfill our constitutional obliga- law, a report entitled ‘‘Table of Allotments, Senate efforts to obtain critical information. tions and to responsibly meet the terms of FM Broadcast Stations’’ (received on Sep- Chairman Helms wrote to you on June 21, the current unanimous consent agreement. tember 4, 1996); to the Committee on Com- 1996—prior to the Senate setting a date for a Because the unanimous consent agreement merce, Science, and Transportation. vote on the Convention—and asked eight calls for the Senate to vote on the Chemical EC–3924. A communication from the Man- specific questions. Chairman Helms also re- Weapons Convention by September 14, 1996, I aging Director of the Federal Communica- quested the provision and declassification of respectfully request that you respond to my tions Commission, transmitting, pursuant to documents and a cable relating to critical declassification requests no later than the law, a report entitled ‘‘Table of Allotments, issues of Russian compliance with existing close of business on Tuesday, September 10, FM Broadcast Stations’’ (received on Sep- chemical weapons arms control agreements 1996. With best wishes, I am tember 4, 1996); to the Committee on Com- merce, Science, and Transportation. and with the Chemical Weapons Convention. Sincerely, On July 26, 1996, having received no re- EC–3925. A communication from the Man- TRENT LOTT. aging Director of the Federal Communica- sponse to his earlier letter, Chairman Helms f tions Commission, transmitting, pursuant to reiterated his earlier request and asked addi- law, a report entitled ‘‘Table of Allotments, tional questions concerning the apparent MESSAGES FROM THE PRESIDENT FM Broadcast Stations’’ (received on Sep- Russian decision to unilaterally end imple- Messages from the President of the tember 4, 1996); to the Committee on Com- mentation of the 1990 U.S.-Russian Bilateral United States were communicated to merce, Science, and Transportation. Destruction Agreement on chemical weap- EC–3926. A communication from the Man- ons. Chairman Helms also asked for specific the Senate by Mr. Williams, one of his secretaries. aging Director of the Federal Communica- information and documents concerning Rus- tions Commission, transmitting, pursuant to sian conditions for ratification of the Chem- EXECUTIVE MESSAGES REFERRED law, a report entitled ‘‘Table of Allotments, ical Weapons Convention, as well as other in- As in executive session the Presiding FM Broadcast Stations’’ (received on Sep- formation important to our consideration of Officer laid before the Senate messages tember 4, 1996); to the Committee on Com- the Convention. While Chairman Helms did from the President of the United merce, Science, and Transportation. receive responses to his letters on July 31 States submitting sundry nominations EC–3927. A communication from the Man- and on August 13, his request for declas- which were referred to the appropriate aging Director of the Federal Communica- sification of documents was refused and the tions Commission, transmitting, pursuant to answers to many of his questions were in- committees. law, a report of a rule under the Tele- complete. (The nominations received today are communications Act of 1996 (received on Au- During a Senate Select Committee on In- printed at the end of the Senate pro- gust 29, 1996); to the Committee on Com- telligence hearing on June 17, 1996, Senator ceedings.) merce, Science, and Transportation.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10073 EC–3928. A communication from the Man- port for calendar year 1995; to the Committee control and eradicate the silverleaf whitefly, aging Director of the Federal Communica- on Banking, Housing, and Urban Affairs. which can only be successful if conducted on tions Commission, transmitting, pursuant to EC–3940. A communication from the Comp- an international scale: Now, therefore, be it law, a report of a rule relative to the GHz troller of the Currency Administrator of Na- ‘‘Resolved by the Senate and Assembly of the Frequency Band (received on August 28, tional Banks (Legislative and Regulatory State of California, jointly, That the Legisla- 1996); to the Committee on Commerce, Activities Division), transmitting, pursuant ture of the State of California respectfully Science, and Transportation. to law, a report relative to a rule entitled memorializes the President and the Congress EC–3929. A communication from the Assist- ‘‘Loans in Areas Having Special Flood Haz- of the United States to do all of the fol- ant to the Board of Governors of the Federal ards,’’ received on September 3, 1996; to the lowing: Reserve System, transmitting, pursuant to Committee on Banking, Housing, and Urban ‘‘(1) Continue to staff the position of law, a report with respect to a rule entitled Affairs. Project Coordinator with Mexico within the ‘‘Loans in Areas Having Special Flood Haz- EC–3941. A communication from the Comp- Animal and Plant Health Inspection Services ards,’’ received on August 27, 1996; to the troller of the Currency Administrator of Na- (APHIS) branch of the USDA for inter- Committee on Banking, Housing, and Urban tional Banks (Legislative and Regulatory national cotton pest programs. Affairs. Activities Division), transmitting, pursuant ‘‘(2) Make eradication of the cotton pink EC–3930. A communication from the Assist- to law, a report relative to a rule entitled bollworm one of the USDA’s highest prior- ant to the Board of Governors of the Federal ‘‘Risk-Based Capital Standards: Market ities and appropriate an additional $3.5 mil- Reserve System, transmitting, pursuant to Risk,’’ received on September 3, 1996; to the lion per year for the program. law, a report concerning a rule entitled Committee on Banking, Housing, and Urban ‘‘(3) Coordinate, through the International ‘‘Risk Based Capital Standards: Market Affairs. Cotton Pest Work Committee, the project to Risk,’’ received on September 3, 1996; to the f eradicate the cotton pink bollworm with the Committee on Banking, Housing, and Urban government of Mexico, and the States of Affairs. PETITIONS AND MEMORIALS California, Arizona, Texas, and New Mexico. EC–3931. A communication from the Assist- The following petitions and memo- ‘‘(4) Make completion of the USDA Boll ant Chief Counsel of the Office of Thrift Su- Weevil Eradication Program in the south- pervision, Department of the Treasury, rials were laid before the Senate and western United States and in Mexico one of transmitting, pursuant to law, the report were referred or ordered to lie on the USDA’s highest priorities, and continue to concerning the rule entitled ‘‘Loans in Areas table as indicated: appropriate $1 million per year for that pur- Having Special Flood Hazards,’’ (RIN 3064– POM–659. A joint resolution adopted by the pose. AB66) received on August 28, 1996; to the Legislature of the State of California; to the ‘‘(5) Make development of IPM strategies Committee on Banking, Housing, and Urban Committee on Agriculture, Nutrition, and for controlling and ultimately eradicating Affairs. Forestry. the silverleaf whitefly one of the USDA’s EC–3932. A communication from Chief ‘‘SENATE JOINT RESOLUTION 36 highest priorities and continue to appro- Counsel of the Office of Foreign Assets Con- priate $7 million per year for that purpose. ‘‘Whereas, cotton is an important agricul- trol, Department of the Treasury, transmit- ‘‘(6) Require the USDA to jointly coordi- tural commodity in California, as well as in ting, pursuant to law, a report relative to nate with the International Cotton Pest other states in the American Southwest; and foreign assets control regulations received Work Committee the development of an ‘‘Whereas, the value of the cotton crop in on August 22, 1996; to the Committee on areawide, binational, IPM program for the California in 1994 exceeded $1 billion; and Banking, Housing, and Urban Affairs. management of the silverleaf whitefly; and ‘‘Whereas, the cotton crop in California is EC–3933. A communication from the Dep- be it further threatened by insect pests including the cot- uty Secretary of the U.S. Securities and Ex- ‘‘Resolved, That the Secretary of the Sen- ton pink bollworm, the boll weevil, and the change Commission, transmitting, pursuant ate transmit copies of this resolution to the silverleaf whitefly; and to law, the report relative to the rule enti- President and the Vice President of the ‘‘Whereas, the International Cotton Pest tled ‘‘Order Execution Obligations,’’ United States, to the Speaker of the House Work Committee is an informal organization (RIN3235–AG66) received on September 3, of Representatives, and to each Senator and of volunteers established approximately 35 1996; to the Committee on Banking, Housing, Representative from California in the Con- years ago for the purpose of coordinating re- and Urban Affairs. gress of the United States.’’ EC–3934. A communication from the Acting search and pest control measures between the United States and Mexico; and Executive Director of the Thrift Depositor POM–660. A joint resolution adopted by the ‘‘Whereas, since 1967, the United States De- Protection Oversight Board, transmitting, Legislature of the State of California; to the partment of Agriculture (USDA), in conjunc- pursuant to law, the annual report for cal- Committee on Appropriations. endar year 1995; to the Committee on Bank- tion with the International Cotton Pest ‘‘SENATE JOINT RESOLUTION 48 ing, Housing, and Urban Affairs. Work Committee, has funded and conducted EC–3935. A communication from the Gen- a quarantine program to control and eradi- ‘‘Whereas, the Congress and President of eral Counsel of the Department of Housing cate the cotton pink bollworm; and the United States ratified and signed the and Urban Development, transmitting, pur- ‘‘Whereas, the USDA, together with the North American Free Trade Agreement suant to law, six rules including one entitled International Cotton Pest Work Committee, (NAFTA); and ‘‘Certificate and voucher Conforming,’’ (FR– also has coordinated a program to develop ‘‘Whereas, NAFTA is a sovereign-to-sov- 4119, 4090, 4033, 4031, 3322, 2880) received on Integrated Pest Management (IPM) tech- ereign accord that took effect on January 1, August 29, 1996; to the Committee on Bank- niques for eventual eradication of the cotton 1994; and ing, Housing, and Urban Affairs. pink bollworm; and ‘‘Whereas, NAFTA has benefited, and con- EC–3936. A communication from the Chair- ‘‘Whereas, due to successful IPM and quar- tinues to benefit, every state in the nation man and Chief Executive Officer of the Farm antine programs in California and Arizona, with import and export trade that has in- Credit Administration, transmitting, pursu- the boll weevil has been eradicated in those creased national employment, offset trade ant to law, a rule regarding the requirements states; and deficits, and expanded commercial activity; of the National Flood Insurance Reform Act ‘‘Whereas, eradication of the boll weevil in and of 1994 (RIN 1557–AB47) received on August other southwestern states and in Mexico is ‘‘Whereas, California and the other border 27, 1996; to the Committee on Banking, Hous- necessary to ensure that the boll weevil will states are required to address NAFTA-re- ing, and Urban Affairs. not be reintroduced into California and Ari- lated infrastructure needs in the border re- EC–3937. A communication from the Dep- zona; and gion and serve as the nation’s first line of de- uty Secretary of the U.S. Securities and Ex- ‘‘Whereas, the State of California needs the fense against unsafe and undocumented com- change Commission, transmitting, pursuant help of the USDA in coordinating programs mercial vehicles and operators; and to law, the report relative to the rule enti- for the eradication of the boll weevil with ‘‘Whereas, the President and Congress have tled ‘‘Order Execution Obligations,’’ (RIN New Mexico and Texas and with Mexico; and provided no federal assistance to California 3235–AG66) received on September 9, 1996; to ‘‘Whereas, infestations of the silverleaf for critically needed border infrastructure; the Committee on Banking, Housing, and whitefly in recent years have had a dev- and Urban Affairs. astating effect on not only cotton, but on al- ‘‘Whereas, the State of California has al- EC–3938. A communication from the Chair- falfa, vegetable, and melon crops in Cali- ready spent twenty-five million dollars man of the Federal Housing Finance Board, fornia and the other southwestern states and ($25,000,000) for two commercial vehicle en- transmitting, pursuant to law, the annual re- in Mexico; and forcement facilities and remains ready to in- port on low income housing and community ‘‘Whereas, the USDA, in conjunction with spect commercial vehicles from Mexico; and development activities of the Federal Home the International Cotton Pest Work Com- ‘‘Whereas, the state is faced with diverting Loan Bank System for calendar year 1995; to mittee, has been conducting IPM research from other critical spending demands more the Committee on Banking, Housing, and with the goal of controlling and eradicating than two hundred million dollars Urban Affairs. the silverleaf whitefly; and ($200,000,000) for highway facilities in the EC–3939. A communication from the Chair- ‘‘Whereas, it is essential that the USDA border region; and man of the Federal Housing Finance Board, continue to coordinate these efforts and to ‘‘Whereas, because the standard percentage transmitting, pursuant to law, the annual re- provide the scientific resources necessary to for federal-state cost sharing for similar

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10074 CONGRESSIONAL RECORD — SENATE September 9, 1996 projects is 80 percent federal funding and 20 ida, relative to the proposed ‘‘Shore Protec- survey report by the United States Depart- percent state funding, standard federal reim- tion Act of 1996’’; to the Committee on Envi- ment of Justice, in the United States, a bursement would be twenty million dollars ronment and Public Works. woman is battered every 15 seconds; 40 per- ($20,000,000) for the commercial vehicle en- POM–664. A joint resolution adopted by the cent of female homicide victims in 1991 were forcement facilities and one hundred sixty Legislature of the State of California; to the killed by their husbands or boyfriends; and million dollars ($160,000,000) for the highway Committee on Finance. ‘‘Whereas, according to the United States facilities: Now, therefore, be it ‘‘SENATE JOINT RESOLUTION 37 Department of Labor, one million people are ‘‘Resolved, by the Senate and the Assembly of ‘‘Whereas, the States of Alaska, California, assaulted and injured every year as a result the State of California, jointly, That the Legis- Oregon, Texas, and Wisconsin have estab- of workplace violence, 1,000 people are killed lature of the State of California memorial- lished veterans’ home loan programs; and every year due to workplace violence, and 20 izes the President and the Congress to recog- ‘‘Whereas, the States of Alaska, California, percent of battered women lose their jobs nize the unfunded mandate placed on the Oregon, Texas, and Wisconsin have authority due to harassment at work by abusive hus- border states by the implementation of in the Internal Revenue Code to issue quali- bands or boyfriends; and NAFTA; and be it further fied veteran mortgage bonds to finance their ‘‘Whereas, more than one-half of the num- ‘‘Resolved, That the Legislature of the respective veteran home loan programs; and ber of women in need of shelter from an abu- State of California further memorializes the ‘‘Whereas, veterans’ eligibility under cur- sive environment may be turned away from President, congressional leadership, and the rent federal tax law restricts the eligibility a shelter due to lack of space; and members of California’s congressional dele- to veterans who served on active duty prior ‘‘Whereas, women are not the only targets gation, to speedily adopt legislation that to January 1, 1977; and of domestic violence; young children, elderly would provide direct financial assistance to ‘‘Whereas, the Directors of Veterans Af- persons, and men are also victims in their border states specifically for the purpose of fairs of the States of Alaska, California, Or- own homes; and improving border infrastructure needed to egon, Texas, and Wisconsin are desirous of ‘‘Whereas, emotional scars are often per- accommodate the demands of NAFTA; and extending their respective veteran home manent; and be it further loan programs to include the men and ‘‘Whereas, a coalition of organizations has ‘‘Resolved, That the Secretary of the Sen- women of the United States of America who emerged to confront this crisis directly. Law ate transmit a copy of this resolution to the are dispatched to participate in any conflict enforcement agencies, domestic violence President and Vice President of the United that occurred or occurs on or after January hotlines, battered women and children’s States, the Speaker of the House of Rep- 1, 1977; and shelters, health care providers, churches, and resentatives, and to each Senator and Rep- ‘‘Whereas, veterans of these aforemen- the volunteers that serve those entitles are resentative from California in the Congress tioned conflicts should receive benefits con- helping the effort to end domestic violence; of the United States.’’ sistent with the benefits available to vet- and erans of previous armed conflicts; and ‘‘Whereas, it is important to recognize the POM–661. A resolution adopted by the ‘‘Whereas, those veterans have been quali- compassion and dedication of the individuals Council of the City and County of Honolulu, fied for eligibility into congressionally char- involved in that effort, applaud their com- Hawaii, relative to the Community Develop- tered veterans’ organizations by prior acts of mitment, and increase public understanding ment Block Grant Program; to the Com- the Congress of the United States; Now of this significant problem; and mittee on Appropriations. therefore, be it ‘‘Whereas, the first Day of Unity was cele- POM–662. A resolution adopted by the Sen- ‘‘Resolved by the Senate and Assembly of the brated in October 1981 and was sponsored by ate of the Legislature of the Commonwealth State of California, jointly, That the Legisla- the National Coalition Against Domestic Vi- of Massachusetts; to the Committee on Com- ture of the State of California respectfully olence (N.C.A.D.V.) for the purpose of unit- merce, Science, and Transportation. memorializes the Congress and the President ing battered women’s advocates across the ‘‘SENATE RESOLUTION of the United States to urge the Congress of nation in an effort to end domestic violence; and ‘‘Whereas, the Massachusetts General the United States to amend paragraph (4) of ‘‘Whereas, that one day has grown into a Court has passed legislation to ban the Section 143(l) of the Internal Revenue Code month of activities at all levels of govern- sounding of train whistles at grade level rail- of 1986 to read: ‘‘Qualified veteran—For the ment, aimed at creating awareness about the way/highway crossings, which have in place purpose of this subsection, the term ‘quali- problem and presenting solutions; and other adequate forms of safety devices lo- fied veteran’ means any veteran who meets ‘‘Whereas, the first Domestic Violence cated in the communities which we rep- such requirements as may be imposed by the Awareness Month was proclaimed in October resent; and state law pursuant to which qualified vet- 1987: Now, therefore, be it ‘‘Whereas, the Federal Railway Adminis- erans’ mortgage bonds are issued’’; and be it ‘‘Resolved by the Senate of the State of Cali- tration recommendations of standards for further fornia, the Assembly thereof concurring: That grade level railway/highway crossings in- ‘‘Resolved, That the Secretary of the Sen- the Legislature hereby proclaims the month clude the removal of such bans which have ate transmit copies of this resolution to the of October 1996 as Domestic Violence Aware- been placed at the request of the citizens of President and Vice President of the United ness Month; and be it further the respective communities; and States, and to the Speaker of the House of ‘‘Resolved, That the Secretary of the Sen- ‘‘Whereas, the safety of those citizens who Representatives, the President of the Senate, ate transmit a copy of this resolution to the abide by the laws and signals when traveling and each Member in the Congress of the President of the United States, the Governor through these crossings are in no way jeop- United States.’’ of the State of California, the Director of the ardized by the ban placed on train whistles United States Department of Health and at crossings with adequate forms of safety POM–665. A resolution adopted by the Human Services, and to each Senator and devices in place; and Southern Governers’ Association, relative to Representative from California in the Con- ‘‘Whereas, the sounding of train whistles at the National Gambling Commission; to the gress of the United States.’’ such crossings has been deemed a health haz- Committee on Governmental Affairs. ard, in addition to being a disturbance of the POM–666. A resolution adopted by the POM–668. A joint resolution adopted by the peace, to those citizens who live in close Southern Governers Association, relative to Legislature of the State of California; to the proximity to the train crossings; and condemning the burning of churches ‘‘Whereas, the Massachusetts General throughout the southern United States; to Committee on the Judiciary. Court supports the indefinite postponement the Committee on the Judiciary. ‘‘SENATE JOINT RESOLUTION 39 of a ruling by the Federal Railway Adminis- POM–667. A concurent resolution adopted ‘‘Whereas, there is a continuing need for tration relative to whistle bans in accord- by the Senate of the Legislature of the State economic revitalization in California; and ance with the Swift Rail Development Act; of California; to the Committee on the Judi- ‘‘Whereas, Capital investment from new Now therefore be it ciary. immigrants is a vital aspect of local and ‘‘Resolved, That the Massachusetts Senate ‘‘SENATE CONCURRENT RESOLUTION 46 statewide economic revitalization; and respectfully urges the Congress of the United ‘‘Whereas, home should be a place of ‘‘Whereas, an increasing number of afflu- States to require the Federal Railway Ad- warmth, unconditional love, tranquility, and ent immigrants have the desire to reside in ministration to postpone the ruling to re- security; however, for many Americans, California and to invest their financial re- move bans placed on the sounding of train home is tainted with violence and fear; and sources into business ventures here; and whistles at such crossings; and be it further ‘‘Whereas, domestic violence is more than ‘‘Whereas, the current United States Inves- ‘‘Resolved, That copies of these resolutions the occasional family dispute; and tor Visa Program inhibits California’s abil- be transmitted forthwith by the clerk of the ‘‘Whereas, according to the United States ity to attract foreign business investors; and Senate to the President of the United States, Department of Health and Human Services, ‘‘Whereas, the Immigration and Natu- to the presiding officers of each branch of domestic violence is the single largest cause ralization Service indicates the full enroll- Congress and to the Members thereof from of injury to American women, affecting six ment in the investor visa program would this commonwealth.’’ million women of all racial, cultural, and generate $1.6 billion of new investment and economic backgrounds; and 20,000 jobs annually in California; and POM–663. A resolution adopted by the ‘‘Whereas, according to data published in ‘‘Whereas, in the first two years of imple- Council of the City of Satellite Beach, Flor- 1993 by the Commonwealth Fund and a 1994 mentation only 825 petitions were filed out

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10075 of the 10,000 visa available under the United (medicaid) appropriations as they apply to pensation for veterans with service-con- States Investor Visa Program; and our aging veteran population due to reduced nected disabilities and the rates of depend- ‘‘Whereas, other countries, such as Canada levels of service, timeliness factors, and the ency and indemnity compensation for sur- have tailored their investor visa programs to required ongoing training that is currently vivors of such veterans, and for other pur- attract significant capital investment; and shared by county veterans service officers poses (Rept. No. 104–367). ‘‘Whereas, the California Policy Seminar and the Los Angeles and Oakland regional Brief, Volume 7, Number 13, reported that USDVA offices; and INTRODUCTION OF BILLS AND Canada has attracted over $3 billion in in- ‘‘Whereas, it is the understanding of the JOINT RESOLUTIONS vestment through their Business Migration Legislature that the proposed USDVA Field Program between 1986 and 1990; and Restructuring Plan is based on old and unre- The following bills and joint resolu- ‘‘Whereas, immigrant business investment liable data that attacks California’s regional tions were introduced, read the first in Canada resulted in a 30 percent increase in USDVA offices as inefficient and overman- and second time by unanimous con- employment in the manufacturing firms that aged and these assumptions are not valid sent, and referred as indicated: were invested in: Now, therefore, be it today; and By Mr. GRASSLEY (for himself, Mr. ‘‘Resolved by the Senate and Assembly of the ‘‘Whereas, reducing the size of the offices HATCH, and Mr. HEFLIN): State of California, jointly, That the Legisla- or moving the offices to Phoenix, Arizona or S. 2059. A bill to amend title 11, United ture of the State of California respectfully any other state, or otherwise attempting to States Code, with respect to executory con- memorializes the President and Congress of effectuate the ‘‘smaller is better’’ doctrine in tracts and unexpired leases, and for other the United States to reduce the current in- this case will not solve the increasing prob- purposes; to the Committee on the Judici- vestment threshold under the United States lems of California more than 3.3 million vet- ary. Investor Visa Program to five hundred thou- erans and their dependents: Now, therefore, By Mr. NICKLES: sand dollars ($500,000) minimum investment be it S. 2060. A bill to require the District of Co- and five employees to allow states greater ‘‘Resolved by the Senate and the Assembly of lumbia to comply with the 5-year time limit flexibility in focusing investment funds to the State of California, jointly,’’ That the Leg- for welfare recipients, to prohibit any future address specific economic needs; and be it islature of the State of California respect- waiver of such limit, and for other purposes; further fully memorializes the President, the Con- to the Committee on Finance. ‘‘Resolved, That the Secretary of the Sen- gress of the United States, and the United f ate transmit copies of this resolution to the States Department of Veterans Affairs to President and Vice President of the United maintain the status quo, and to reconsider STATEMENTS ON INTRODUCED States, to the Speaker of the House of Rep- the decision to adopt the proposed USDVA BILLS AND JOINT RESOLUTIONS resentatives, to each Senator and Represent- Field Restructuring Plan; and be it further ative from California in the Congress of the ‘‘Resolved, That the Secretary of the Sen- By Mr. NICKLES: United States, and to the Director of the ate transmit copies of this resolution to the S. 2060. A bill to require the District United States Immigration and Naturaliza- President and Vice President of the United of Columbia to comply with the 5-year tion Service.’’ States, to the Speaker of the House of Rep- time limit for welfare recipients, to resentatives, to each Senator and Represent- prohibit any future waiver of such POM–669. A joint resolution adopted by the ative from California in the Congress of the limit, and for other purposes; to the Legislature of the State of California; to the United States, and to the Secretary of the Committee on Finance. Committee on Veterans’ Affairs. United States Department of Veterans Af- WELFARE LEGISLATION ‘‘SENATE JOINT RESOLUTION 49 fairs.’’ Mr. NICKLES. Mr. President, today, ‘‘Whereas, California, with 3.3 million vet- I am introducing legislation that would f erans, has the largest concentration of vet- reverse President Clinton’s recent Dis- erans in the United States and the number REPORTS OF COMMITTEES trict of Columbia welfare waiver which continues to grow as up to 50,000 newly sepa- exempts the District of Columbia from rated service members per year select Cali- The following reports of committees fornia as their residence; and were submitted: the 5-year time limit for 10 years. It ‘‘Whereas, California has historically been By Mr. MCCAIN, from the Committee on may shock our colleagues. President underrepresented by the United States De- Indian Affairs, with an amendment in the Clinton signed the welfare reform bill partment of Veterans Affairs (USDVA) in nature of a substitute and an amendment to with a great deal of fanfare and said, that California has only one USDVA em- the title: ‘‘We have ended welfare as we know ployee for each 8,000 veterans while the rest S. 1264. A bill to provide for certain bene- it.’’ What most people don’t know is on of the nation averages one USDVA employee fits of the Missouri River basin Pick-Sloan the day he signed it, he signed a 10- for each 6,000 veterans; and project to the Crow Creek Sioux Tribe, and year waiver for the District of Colum- ‘‘Whereas, this inequity means less staff to for other purposes (Rept. No. 104–362). bia, so it does not apply. The waiver revolve the more complex claims of the vet- By Mr. MCCAIN, from the Committee on erans of this state; and Indian Affairs, with an amendment in the will apply for 10 years. ‘‘Whereas, this inequity is aggravated by nature of a substitute: I am just amazed that he had the au- the fact that the mix of claims causes Cali- S. 1973. A bill to provide for the settlement dacity to do that. I am somewhat fornia to have a larger compensation share of the Navajo-Hopi land dispute, and for amazed that a lot of people in the and a smaller pension share than the rest of other purposes (Rept. No. 104–363). press, and maybe we in Congress, have the nation; and By Mrs. KASSEBAUM, from the Com- not said much about it. ‘‘Whereas, despite this large population of mittee on Labor and Human Resources, with Think of that. The cornerstone of the veterans and their families, the proposed amendments: welfare reform bill was a bill with real USDVA Field Restructuring Plan would S. 1897. A bill to amend the Public Health time limits. I am quoting President transfer veterans’ disability pension benefits Service Act to revise and extend certain pro- processing services from California to Phoe- grams relating to the National Institutes of Clinton. President Clinton said, ‘‘We nix, Arizona and other states; and Health, and for other purposes (Rept. No. need to have real welfare reform, we ‘‘Whereas, the restructuring proposal will 104–364). need to end welfare as we know it, we not, under any circumstances, provide a rea- By Mr. D’AMATO, from the Committee on need a bill with real teeth, a bill that sonable level of service to California vet- Banking, Housing, and Urban Affairs, with has real time limits.’’ What does he do erans; and an amendment in the nature of a substitute on the same day? He signs the welfare ‘‘Whereas, the transfer of disability pen- and an amendment to the title: bill. He gives a 10-year waiver, a 10- sion processing activities from the Los Ange- S. 1317. A bill to repeal the Public Utility les and Oakland USDVA offices to Phoenix Holding Company Act of 1935, to enact the year exemption to the District of Co- reflects restructuring that is driven by budg- Public Utility Holding Company Act of 1935, lumbia. et concerns, and not by concern for veterans’ and for other purposes (Rept. No. 104–365). It is interesting to note, he was able service; and By Mr. HATCH, from the Committee on to grant the waiver within 14 days to ‘‘Whereas, it is estimated that the serv- the Judiciary: the District of Columbia. He has had icing of disability pension claims for those Report to accompany the bill (S. 1887) to over 103 days to grant the waiver that veterans whose files will not be in Phoenix make improvements in the operation and ad- was requested by the State of Wis- reduces the case management effectiveness ministration of the Federal courts, and for consin, which he mentioned in a polit- of not only the county veterans service of- other purposes (Rept. No. 104–366). ical address on one of his Saturday fices but also the national service organiza- By Mr. SIMPSON, from the Committee on tions, the Department of Veterans Affairs, Veterans’ Affairs, without amendment and morning addresses. He said, ‘‘We need and the Employment Development Depart- an amendment to the title: welfare reform like the State of Wis- ment of California, and will have a signifi- S. 1791. A bill to increase, effective as of consin. They have real workfare. They cant impact on cost-avoiding state Medi-Cal December 1, 1996, the rates of disability com- have time limits. We need to do it.’’

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10076 CONGRESSIONAL RECORD — SENATE September 9, 1996 It is interesting to note he has not ADDITIONAL COSPONSORS committee on East Asian and Pacific granted that waiver yet. Maybe he S. 1556 Affairs of the Committee on Foreign made a speech and got some points for At the request of Mr. KOHL, the name Relations be authorized to hold a brief- it, but the fact is, by his granting the of the Senator from California [Mrs. ing during the session of the Senate on DC waiver, maybe he is trying to pla- FEINSTEIN] was added as a cosponsor of Monday, September 9, 1996, at 1 p.m. cate some liberal people who did not S. 1556, a bill to prohibit economic espi- The PRESIDING OFFICER. Without like him signing the welfare reform onage, to provide for the protection of objection, it is so ordered. bill. I do not know. But today, I am in- United States proprietary economic in- f troducing legislation to reverse the 10- formation in interstate and foreign ADDITIONAL STATEMENTS year exemption, or welfare waiver, that commerce, and for other purposes. he granted to the District of Columbia. S. 1797 It basically says that any other waiv- At the request of Mr. LEVIN, the DEFENSE OF MARRIAGE ACT er that would come forward must com- name of the Senator from Hawaii [Mr. ∑ Mr. HATCH. Mr. President, I ask ply with the 5-year time limit on cash AKAKA] was added as a cosponsor of S. that written testimony from Rabbi benefits that passed by an over- 1797, a bill to revise the requirements David Saperstein, director and counsel for procurement of products of Federal whelming majority in both the House for the Religious Action Center of Re- Prison Industries to meet needs of Fed- and the Senate. form Judaism, and a letter from Her- eral agencies, and for other purposes. Mr. President, I send that to the man Hill Kay concerning S. 1740, the desk, and ask unanimous consent that S. 1967 Defense of Marriage Act, be printed in At the request of Mr. BROWN, the the text of the bill be printed in the the RECORD. Both Rabbi Saperstein and names of the Senator from Mississippi RECORD. It is my hope and it is my plan Mr. Kay submitted these materials to [Mr. COCHRAN], and the Senator from to pass this legislation before we go be included in the transcript of the Texas [Mrs. HUTCHISON] were added as out of session this year. hearing held before the Senate Judici- There being no objection, the bill was cosponsors of S. 1967, a bill to provide that members of the Armed Forces who ary Committee on July 11, 1996. Unfor- ordered to be printed in the RECORD, as tunately, their statements were re- follows: performed services for the peace- keeping efforts in Somalia shall be en- ceived too late to be included, and for S. 2060 titled to tax benefits in the same man- that reason, I ask that they be printed Be it enacted by the Senate and House of Rep- ner as if such services were performed in the CONGRESSIONAL RECORD. resentatives of the United States of America in in a combat zone, and for other pur- The material follows: Congress assembled, poses. TESTIMONY OF RABBI DAVID SAPERSTEIN SECTION 1. REQUIREMENT FOR THE DISTRICT S. 2052 I. INTRODUCTION OF COLUMBIA TO COMPLY WITH 5- At the request of Mrs. BOXER, the Mr. Chairman, members of the committee, YEAR TIME LIMIT FOR WELFARE AS- thank you for this opportunity to comment SISTANCE. name of the Senator from California EINSTEIN on the ‘‘Defense of Marriage Act’’ (S. 1740). (a) IN GENERAL.—Not later than 10 days [Mrs. F ] was added as a co- sponsor of S. 2052, a bill to provide for My name is Rabbi David Saperstein, and I after the date of the enactment of this Act, am Director and Counsel of the Religious Ac- the Secretary of Health and Human Services disposal of certain public lands in sup- tion Center of Reform Judaism (RAC). The (in this Act referred to as the ‘‘Secretary’’) port of the Manzanar National Historic RAC represents the Union of American He- shall rescind approval of the waiver de- Site in the State of California, and for brew Congregations and the Central Con- scribed in subsection (b). Upon such rescis- other purposes. ference of American Rabbis, the lay and cler- sion, the Secretary shall immediately ap- f ical bodies of Reform Judaism, with mem- prove such waiver in accordance with sub- bership of over 1.5 million Reform Jews and section (c). AMENDMENTS SUBMITTED 1700 Reform rabbis in 850 congregations na- (b) WAIVER DESCRIBED.—The waiver de- tionwide. In recent years, both the parent scribed in this subsection is the approval by bodies of the RAC have passed formal resolu- the Secretary on August 19, 1996, of the Dis- THE ORGAN AND BONE MARROW tions supporting gay civil marriage, and I trict of Columbia’s Welfare Reform Dem- TRANSPLANT PROGRAM REAU- have included copies of those statements as onstration Special Application for waivers, THORIZATION ACT OF 1996 appendices to my testimony this morning. which was submitted under section 1115 of I am also an attorney who teaches ad- the Social Security Act, and entitled the vanced Constitutional Law, especially on the District of Columbia’s Project on Work, Em- KASSEBAUM AMENDMENT NO. 5205 First Amendment’s religion clauses at the ployment, and Responsibility (POWER). Georgetown University Law Center. Over the Mr. LOTT (for Mrs. KASSEBAUM) pro- years, I have written a number of books and (c) CONDITION FOR WAIVER APPROVAL.—The posed an amendment to the bill (S. Secretary of Health and Human Services articles addressing church-state and con- shall not approve any part of the waiver de- 1324) to amend the Public Health Serv- stitutional legal issues. scribed in subsection (b) that relates to a ice Act to revise and extend the solid- This bill is woefully ill-advised and is mor- waiver of the requirement under section organ procurement and transplan- ally wrong. Let me first address the legal 408(a)(7) of the Social Security Act to not use tation programs, and the bone marrow concerns, lay out why this bill would likely any part of the grant made under section 403 donor program, and for other purposes; fail to pass even the most forgiving constitu- of such Act to provide assistance to a family as follows: tional test and why, under the current legal that includes an adult who has received as- Beginning on page 41, strike line 23, and all system, it is, unnecessary. I will then turn to sistance under any State program funded that follows through line 4 on page 42, and some of the broader political and moral under part A of title IV of such Act attrib- insert the following: issues the bill raises. utable to funds provided by the Federal Gov- ‘‘(i) in clause (i)—’’ II. LEGAL OBSERVATIONS ON THE DEFENSE OF ernment for 60 months (whether or not con- On page 43, between lines 6 and 7, insert MARRIAGE ACT secutive). the following: There are two key legal issues at stake in SEC. 2. NO WAIVER OF 5-YEAR TIME LIMIT FOR ‘‘(i) in clause (ii), by inserting ‘, adminis- this legislation. The first is that the legisla- WELFARE ASSISTANCE. trative functions of the organ procurement tion is almost certain to be found unconsti- Beginning on and after the date of the en- organization,’ after ‘organ’; and tutional both for its violation of the Full ‘‘(iii) in clause (iii), to read as follows: actment of this Act, the Secretary shall not ‘(iii) in the case of a hospital-based organ Faith and Credit clause and for its denigra- approve any application submitted under procurement organization, has no authority tion of states rights as protected in the section 1115 of the Social Security Act, or over any non-transplant-related activity of Tenth Amendment. The second issue is that under any other provision of law, for a waiv- the organization.’;’’ it is, in all likelihood,—and from the per- er of the requirement under section 408(a)(7) spective of my organizations, sadly—legally of such Act to not use any part of the grant f unnecessary since many of its key aims made under section 403 of such Act to pro- AUTHORITY FOR COMMITTEE TO would be accomplished under the ‘‘public vide assistance to a family that includes an MEET policy exception’’ to the conflict of laws adult who has received assistance under any rules, i.e. states would be able to avoid being State program funded under part A of title SUBCOMMITTEE ON EAST ASIAN AND PACIFIC forced to recognize same sex marriages if IV of such Act attributable to funds provided AFFAIRS they determine such marriages to be in vio- by the Federal Government for 60 months Mr. THURMOND. Mr. President, I lation of fundamental public policy inter- (whether or not consecutive). ask unanimous consent that the Sub- ests.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10077 A. Why Federal Government Intrusion in this credit, it would appear from the face of the 629 P.2d 156 (KS 1981). Other courts create not Area is Unconstitutional clause they should be afforded full faith and so high a hurdle, such that a statutory en- The key issue in this regard is whether credit as either ‘‘Acts’’ or ‘‘Records.’’ In the actment against the substantive issue was Congress has the power to abridge in any absence of an express constitutional protec- sufficient. Catalano v. Catalano, 170 A.2d 726 fashion the full faith and credit accorded sis- tion under full faith and credit, the general (Ct 1961) (finding express prohibition in a ter states’ judgments. While it will be of- rule for determining the validity of a mar- marriage statute and the criminalization of fered by the proponents of the legislation riage legally created and recognized in an- incestuous marriages sufficient to invalidate that the measure does not restrict states’ other jurisdiction is to apply the law of the an out-of-state marriage). Those states that are enacting anti-same sex marriage statutes ability to offer full faith and credit, the plain state in which the Marriage was performed. will likely find they have satisfied the first face of the Constitution does not speak of a Albert A. Ehrenzweig, A Treatise on the Con- exception to the choice of law rule vali- state’s right to recognize sister states’ judg- flict of Laws, Sec. 138 (1961). dating a marriage where celebrated, lex ments, rather, it is a mandate. Both Restatements support this general rule. Commentators to the Restatement urge celebri. As a doctrinal matter, while the pro- Interracial marriages were, before Loving ponents purport to be protecting states’ that a choice of law rule that validates out- of-state marriages provides stability and v. Virginia, treated with the above choice of rights and interests, they are, in fact, dilut- law analysis, and courts frequently deter- ing those rights and interests. The clear ex- predictability in questions of marriage, en- sures the legitimization of children, protects mined the validity of interracial marriages pression in this legislation that the Congress based on an analysis of the public policy ex- party expectations, and promotes interstate has a role in determining when a state may ception. ‘‘Early decisions treated such mar- comity. See, e.g., Hovermill. 53 Md.L.Rev. not offer full faith and credit creates a riages as contrary to natural law, but later 450, 453 (1994). standard of Federal control antithetical to courts considered the question one of posi- the Tenth Amendment (and, ironically, to B. Why the Public Policy Exception Makes this tive law interpretation.’’ 53 Md LRev at 464. conservative political philosophy): that pow- Legislation Unnecessary How do these rules, then, apply to the ers not enumerated for the Federal Govern- There is, however, a recognized exception question at hand? First, it would seem that ment are reserved to the States. This legisla- to this choice of law rule: a court will refuse states do have the ability to check the im- tion enumerates a Federal power, namely to recognize a valid foreign marriage if the pact of the conflict of laws recognition as de- the power to deny sister states recognition, recognition of that marriage would violate a scribed above. However, it should be noted grants that power to the state, and therefore strongly held public policy of the forum that where there have been such limitations dangerously pronounces, expressio unius est state. Restatement (Second) Conflict of those that have held up over time are those exclusio alterius, that the Federal govern- Laws Sec. 283 (1971). that have been aimed at protecting parties ment in fact retains the power to limit full While we believe strongly that states involved in marriage (i.e. spouses and poten- faith and credit and, for that matter, to reg- should not invoke this power in this situa- tial children) such as prohibitions against in- ulate marital law more broadly. And it only tion, that such a stance would be morally cestuous relations, marriages involving a need express that power substantive issue by wrong and we will, accordingly, vigorously minor, polygamy. The ban on interracial substantive issue. This is an arrogation of oppose all such efforts, until the Court marriages—the argument most analogous to power to the federal government which one makes a Constitutional ruling upholding this situation—was aimed at protecting the would have assumed heretical to the ex- same sex marriages within the rubric of a society’s perception of public mores and pub- pressed philosophy of conservative legis- fundamental right (in which case the pro- lic morals at a given moment. That shifted from a natural law argument to a positive lating. Under the guise of protecting states’ posed legislation would clearly be useless), law argument to its rejection based on Con- interests, the proposed statutes would in- states will have a stronger argument under stitutional doctrine. I suggest that this is fringe upon state sovereignty and effectively the public policy exception than they will the very direction laws related to same sex transfer broad power to the federal govern- under this legislation. ment. Those states which desire to avoid the gen- marriages are moving—a direction we whole- Further, without exception, domestic rela- eral rule favoring lex celebri will rely on an heartedly approve of, but, under current law, tions has been a matter of state, not federal, enumerated public policy exception to the the public exception doctrine would probably concern and control since the founding of the rule through state statute, common law, or prevail in most states. It should be noted, however, that in 17 Republic. Ankenbrandt v. Richards, 112 SCT practice, and will make a showing that hon- states, the status of the public policy excep- 2206 (1992) (no subject matter jurisdiction in oring a sister state’s celebration of marriage tion is called into question by the Uniform federal courts for domestic relations cases). ‘‘would be the approval of a transaction Marriage and Divorce Act, which provides There is simply ‘‘no federal law of domestic which is inherently vicious, wicked, or im- that ‘‘[a]ll marriages contracted within this relations.’’ De Sylva v. Ballentine, 351 U.S. moral, and shocking to the prevailing moral State prior to the effective date of the act, 570, 580 (1956). ‘‘[T]he whole subject of the do- sense.’’ Intercontinental Hotels Corp. v. Gold- or outside this State, that were valid at the mestic relations of husband and wife, parent en, 203 N.E. 2d 210, 212 (N.Y. 1964). The rhet- time of the contract or subsequently vali- and child, belongs to the laws of the states, oric notwithstanding, the public policy ex- dated by the laws of the place in which they and not to the laws of the U.S.’’ In re Burrus, ception will provide a means for states to were contracted or by the domicile of the 136 U.S. 586, 593–4(1890). As a result, Congress withhold full faith and credit, (subject to the parties, are valid in this State.’’ 9A U.L.A. has never before passed legislation dealing limitations of other constitutional provi- Sec. 210 (1979). The Act specifically drops the purely with domestic relations issues, espe- sions, i.e. equal protection, substantive due public policy exceptions; ‘‘the section ex- cially marriage. process, etc.) States will express their public pressly fails to incorporate the ‘strong public As to the second prong of the Full Faith policy exception to recognize same-sex mar- policy’ exception to the Restatement and and Credit Clause, only rarely has Congress riages in other states by offering such legis- thus may change the law in some jurisdic- exercised the implementing authority that lation as gender specific marriage laws, and tions. This section will preclude invalidation the Clause grants to it, and never in ways anti-sodomy statutes. of many marriages which would have been that limited application of the clause. The Different courts have required different invalidated in the past.’’ Id., official com- first, passed in 1790, 28 U.S.C.A. Sec. 1738, levels of clarity in their own state’s expres- ment. Of course, any state that wants to re- provides for ways to authenticate acts, sion of public policy before that exception assert a public policy exception for same sex records and judicial proceedings, and repeats could be sustained in that stat’s court. Some marriages retains the right to so legislate, or the constitutional injunction that such acts, have required explicit statutory expressions, not. The proposed federal bill has no effect records and judicial proceedings of the states Etheridge v. Shaddock, 706 S.W.2d 396 (AR on that. are entitled to full faith and credit in other 1986), while others much less clearly so, C. Constitutional Restraints states, as well as by the federal government. Condado Aruba Caribbean Hotel v. Tickel, 561 There are several possible Constitutional The second, dating from 1804, provides meth- P.2d 23, 24 (CO Ct App 1977). limits on a state’s ability to invoke a public ods of authenticating non-judicial records. 28 Courts have considered a marriage offen- policy exception to the general rule of vali- U.S.C.A. Sec. 1739. sive to a state’s public policy either because dating foreign marriages under the Full Since 1804 these provisions have been it is contrary to natural law or because it Faith and Credit Clause, the Due Process amended only twice: the Parental Kidnap- violates a positive law enacted by the state Clause, Equal Protection or Substantive Due ping Prevention Act of 1980, 28 U.S.C.A. Sec. legislature. Courts have invalidated foreign Process. 1739A, which provides that custody deter- marriages that are incestuous, polygamous, As to due process, the second state must, minations of a state shall be enforced in dif- and interracial, or marriages with a minor before it can apply its own law, satisfy that ferent states, and 28 U.S.C.A. Sec. 1738B, on the ground that they violate natural law, it has ‘‘significant contact or a significant ‘‘Full Faith and Credit for Child Support Or- e.g., Earle v. Earle, 126 N.Y.S. 317, 319 (1910). aggregation of contacts’’ with the parties ders’’ (1994). Neither of these statutes pur- For invalidation based on positive law, some and the occurrence or transaction to which ported to limit full faith and credit; to the courts have required clear statutory expres- it is applying its own law. Allstate Ins Co v. contrary, each of these statutes reinforced or sions that the marriages prohibited are void Hague, 449 U.S. 302 (1981). The contacts nec- expanded the faith and credit given to states. regardless of where they are performed, State essary to survive a due process challenge While the Supreme Court has not yet v. Graves, 307 S.W. 2d 545 (AR 1957), and some- have been characterized as ‘‘incidental,’’ 53 passed explicitly on the manner in which times a clear intent to preempt the general Md L Rev at 467, and the fact that the same marriages per se are entitled to full faith and rule of validation. E.g., Estate of Loughmiller, sex couple is probably a domiciliary of the

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10078 CONGRESSIONAL RECORD — SENATE September 9, 1996 second state would be enough to satisfy the bles them, very few, if any, would say ‘‘same- gether in a loving and devoted commitment, Hague test. sex civil marriage.’’ is accessible to all God’s children. Let the Substantive due process and equal protec- This bill is not about protecting families. State acknowledge that. This legislation be- tion can bar a state’s application of the pub- Certainly my family and your families will trays those values. This Congress deserves a lic policy exception as well. For the former, not be hurt by giving states the freedom to better legacy; the American people deserve a a court would have to find that there is a recognize the committed relationship of two better, and more loving, vision. fundamental right for gay couples to marry. loving adults. This bill is about politics, and Thank you for your consideration. There is complete agreement that there is a whether it is your intent or not, this bill will fundamental right to marry, Zablocki, v. surely turn out to be about gay bashing and APPENDIX A Redhail, 434 U.S. 374 (1978), and the argument scapegoating. Adopted by the General Assembly Union of will be pursued that this incorporates mar- Who gives us this bill? The same people American Hebrew Congregations, October 21– riage of gay men and lesbians to each other. who elsewhere complain of big, intrusive October 25, 1993—San Francisco Turning to an Equal Protection analysis, a government; who believe that the Federal RECOGNITION FOR LESBIAN AND GAY state’s anti-same sex marriage statute could Government overregulates; who stand on ide- PARTNERSHIPS be subjected to one of three levels of scru- ological principle for the rights of State and tiny. City of Cleburne v. Cleburne Living Cen- local governments. These same people now Background: The Union of American He- ter, 473 U.S. 432 (1985). If it is viewed as al- want to weaken States’ rights by enacting a brew Congregations has been in the vanguard most all statutory enactments, it will re- dubious and discriminatory exemption to the of support for the full recognition of equality ceive rational basis review, and will, in al- ‘‘Full Faith and Credit’’ Clause. How for lesbians and gays in society. This has most all circumstances, survive challenge. If strange. been clearly articulated in UAHC resolutions an argument can be persuasive that the anti How odd that politicians who elsewhere dating back to 1977. But far more remains to same sex marriage statute is discrimination wax eloquent about the sanctity of marriage be accomplished. Today, committed lesbian based on gender, it may well receive inter- and the wisdom of small government would and gay couples are denied the benefits rou- mediate scrutiny. No court has yet been per- now have the Federal Government massively tinely accorded to married heterosexual cou- suaded that anti-same sex marriage laws are moved into an arena effecting the most inti- ples: they cannot share in their partner’s gender-based discrimination, e.g., Baker v. mate aspects of people’s lives shattering the health programs; they do not have spousal Nelson, 191 N.W. 2d 185 (MN 1971). For strict Constitution’s protections of States’ rights survivor rights; and, as seen in recent court scrutiny, the court would have to elevate, and legitimizing the invalidation of civil rulings, individual lesbian or gay parents for the first time, classifications based on marriages of committed, loving adult cou- have been adjudged unfit to raise their own sexual orientation to that of strict scru- ples simply because they happen to be of the children because they are lesbian or gay and/ tiny—a level which we believe is appropriate same sex. or living with a lesbian or gay partner, even in theory, but nowhere operative. Mr. Chairman, my mind keeps returning to though they meet the ‘‘parenting’’ standards The key point here is that if our view on one question: How can two living adults required of heterosexual couples. the standard should prevail and becomes the coming together to form a family harm fam- It is heartening to note the steps being standard adopted by the federal courts, then ily values? Are our families and marriages made toward recognition of the legitimacy the legislation before you would be invali- and communities so fragile and shallow that of lesbian and gay relationships. Adoption of dated just as the public policy exception they are threatened by the love between two Domestic Partnership registration in cities would be validated. So, again, the legislation adults of the same sex? such as San Francisco and New York and ex- would accomplish nothing. Proponents of this legislation argue that tension of spousal benefits to partners of les- D. Conclusion families are the cornerstone of our society, bian and gay employees by companies such as Levi Strauss, Lotus, Maimonides Hospital Whatever the result of this proposed legis- and that, today, families are threatened. I in New York City, are models for adoption lation, a legal quagmire awaits us. If under agree. But what truly threatens families? by other governmental authorities and cor- any of these scenarios the Full Faith and Poverty threatens families, yet we face as- saults on all types of programs aimed at sup- porations. Credit Clause does not compel states to Therefore the Union of American Hebrew honor each other’s marriages, there is vir- porting families in economic distress. Unemployment, underemployment and Congregations resolves to: tually universal argument that it does oper- stagnant wages threaten families, yet this 1. call upon our Federal, Provincial, State ate to compel recognition of each other’s Congress has been tragically silent as cor- and local governments to adopt legislation adoption judgments, divorce decrees, and porations cut jobs and employees in a my- that will: final custody determinations. We could opic obsession with short-term profits. (a) afford partners in committed lesbian someday find ourselves in legal situations in Efforts to thwart a livable minimum wage, and gay partnerships spousal benefits, that which a couple, considered married in one quality child care, and lack of education include participation in health care plans state and unmarried in another, seeks di- threatens families, yet almost every vital and survivor benefits: vorce in the first state and recognition of a part of this country’s public education infra- (b) ensure that lesbians and gay men are divorce decree in a state which did not ever structure, from the Department of Education not ajudged unfit to raise children because of consider them married. This is not the uni- to Head Start is under attack today. their sexual orientation; and formity one would desire from the plain lan- Polluted air and drinking water threaten (c) afford partners in committed lesbian guage of the Full Faith and Credit clause, families, yet the vital environmental laws and gay relationships the means of legally but the proposed legislation has no bearings that keep our water and our air and our com- acknowledged such relationships; and on the situation anyway. Congress simply munities clean are similarly under attack. 2. call upon our congregations, the Central cannot change the core application of the And that, sadly, is what this bill is all Conference of American Rabbis and the He- Full Faith and Credit Clause no matter how about. It is about saying to the American brew Union College-Jewish Institute of Reli- it legislates. Until a court determines that people, ‘‘Pay no attention to these truly gion to join with us in seeking to extend the marriage is entitled to the same full faith anit-family policies; gay men and lesbians same benefits that are extended to the and credit accorded divorce or other judg- are the real threats to the security and sanc- spouses of married staff members and em- ments, the anomalies will remain. tity of your marriages, your homes, and your ployees to the partners of all staff members III. MORAL AND POLITICAL CONCERNS communities.’’ and employees living in committed lesbian If the legislation is unconstitutional and This bill is about targeting scapegoats; and and gay partnerships. unnecessary, why we are here today at all? as a people who have been the quintessential We all know that same-sex civil marriage scapegoats of Western civilization, we stand ON GAY AND LESBIAN MARRIAGE is not an issue of overwhelming importance with our gay and lesbian brothers and sisters Adopted by the 107th Annual Convention of to the average citizen. From our perspective, in saying that this bill is immoral and un- the Central Conference of American Rabbis, of course, we wish more people did care just. A national debate over this unnecessary March, 1996 about this issue, about according gays and and unconstitutional bill will only distract Background: Consistent with our Jewish lesbians this fundamental right. Sadly, that America from finding real solutions to real commitment to the fundamental principle is not yet the case,—but someday it will be. problems. that we are all created in the divine image, But the reality as we sit here today, dis- Above all, the bill will only serve to codify the Reform Movement has ‘‘been in the van- cussing this specious proposal, is that our bigotry. It has been proposed for no other guard of the support for the full recognition cities are mired in poverty, violence is on reason than because some States and local- of equality for lesbians and gays in society.’’ the rise, the middle class is shrinking and ities have properly interpreted the spirit, if In 1977, the CCAR adopted a resolution en- losing ground economically, talented, edu- not the letter, of the Fourteenth Amend- couraging legislation which decriminalizes cated young people cannot find jobs; and in- ment to the Constitution to require them to homosexual acts between consenting adults; civility and divisiveness abounds in our pub- treat gays and lesbians no different under and prohibits discrimination against them as lic and culture life. Does anyone here doubt the law than heterosexuals. persons, followed by its adoption in 1990 of a that if we left the dignified solemnity of this Mr. Chairman, the stamp of the divine is substantial position paper on homosexuality room and ventured onto the streets outside found in the souls of all God’s children—gay, and the rabbinsic. Then, in 1993, the Union of the Capitol—or onto the streets of your lesbian and straight. The love that God calls American Hebrew Congregation observed home states—to ask people what most trou- us to, the love that binds two people to- that ‘‘committed lesbian and gay couples are

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10079 denied the benefit routinely accorded to den made available by this provision, while controlled fire. We live and work every married heterosexual couples.’’ The UAHC similarly situated same-sex married couples day under the security and safety that resolved that full equality under the law for could not. This difference would arise, not firefighters provide. lesbian and gay people requires legal rec- from the state law defining marriage, but Mr. President, it is with great pleas- ognition of lesbian and gay relationships. from the federal policy against same-sex In light of this background, marriage. Same-sex couples would thus have ure and gratitude that I acknowledge Be it resolved, That the Central Conference less available assets for the support of their the efforts, accomplishments and her- of American Rabbis support the right of gay families, perhaps placing a burden on the oism of the 5,000 members of the New and lesbian couples to share fully and equal- state. This outcome might influence a state Jersey Fireman’s Mutual Benefit Asso- ly in the rights of civil marriage, and in deciding whether to permit same-sex mar- ciation.∑ Be it further resolved, That the CCAR op- riage in the first place. The impact of Sec- f pose governmental efforts to ban bay and tion Three on other federal benefit programs lesbian marriage. is open to a similar analysis. AN EXCEPTIONAL PRESS Be it further resolved, That this is a matter Section Two is designed to excuse states SECRETARY of civil law, and is separate from the ques- that do not wish to legalize same-sex mar- ∑ tion of rabbinic officiation at such mar- riage from any supposed obligation imposed Mr. SIMON. Mr. President, Bob Es- riages. by the Full Faith and Credit Clause to recog- till, an experienced and distinguished nize such marriages that may be validly per- columnist in the Washington Bureau of UNIVERSITY OF CALIFORNIA, formed in other states. This section is both the Copley News Service, recently SCHOOL OF LAW unnecessary to achieve its desired end and wrote a column paying tribute to my Berkeley, CA, June 14, 1996. pernicious as a matter of sister state rela- departing press secretary, David Carle. Senator DIANNE FEINSTEIN, tions. Since the 1960’s Mr. Estill has cov- Hart Senate Office Building, The usual conflict of laws doctrine gov- Washington, DC. erning the recognition of a marriage per- ered Illinois politics and worked close- DEAR DIANNE: Thank you for inviting me formed in another state is that the state ly with the Illinois congressional dele- to give you my views on the Defense of Mar- where recognition is sought need not recog- gation. Press secretaries, especially the riage Act, I do so from the perspective of a nize a marriage that would violate its public very good ones like David, rarely are law professor who has taught both in the policy. A state with a clear prohibition mentioned in the media. But David’s areas of family law and the conflict of laws. against same-sex marriage could, if it chose outstanding work, his honesty, and his As I said to you on the telephone, I think to do so, invoke that prohibition as declara- that the Act is ill-advised regardless of what loyalty and commitment to family and tory of its public policy and as a justifica- friends truly merits special mention, so one’s attitudes may be toward the legaliza- tion for refusing recognition. The provisions tion of same-sex marriage. of Section Two merely confirm what such a I submit this column for the RECORD. The Act, as presently drafted in H.R. 3396, state may already do for itself, and are The column follows: contains two substantive provisions. Section therefore superfluous. LONGTIME SIMON AIDE EXITS TO KUDOS Two exempts sister states from any obliga- Finally, Section Two does not facilitate (By Bob Estill) tion imposed by the Full Faith and Credit sister state relations: rather it intrudes fed- WASHINGTON.—Retiring Sen. Paul Simon’s Clause of the United States Constitution or eral authority into a state’s decision wheth- highly regarded press secretary, David Carle, its implementing statute ‘‘to give effect to er to extend voluntary recognition to an- is leaving the cornfields and gently rolling any public act, record, or judicial proceeding other state’s action. This is contrary to prior hills of the ‘‘Prairie State’’ for the Green of any other State . . . respecting a relation- congressional action, which has been con- Mountains of verdant Vermont. ship between persons of the same sex that is fined to requiring recognition of one state’s The longtime spokesman for the Illinois treated as a marriage under the laws of such action by other states, and thus has acted as Democrat will begin work after Labor Day as other State, . . . or a right or claim arising a unifying force. By stating instead that rec- press secretary for Sen. Patrick Leahy, D- from such relationship.’’ Section Three de- ognition is unnecessary, Congress would be Vt., a four-term veteran from a state so fines the terms ‘‘marriage’’ and ‘‘spouse’’ for approving dissention among the states. the purpose of federal law, including eligi- I hope these comments are helpful. If you sparsely populated it has only one congres- bility for federal benefit programs, as fol- have any questions, please feel free to let me sional district. lows: ‘‘the word ‘marriage’ means only a know. Spending most of his adult life as Simon’s legal union between one man and one woman Sincerely, spokesman, the 44-year-old Carle has worked with reporters from small weekly news- as husband and wife, and the word ‘spouse’ HERMA HILL KAY, refers only to a person of the opposite sex Dean.∑ papers to metropolitan dailies, from rural who is a husband or a wife.’’ radio stations to the major television net- Section Three changes a uniform and long- f works. standing federal practice of deferring to THE FIREMAN’S MUTUAL BENEFIT ‘‘It was an exhilarating ride that included state law on questions affecting the family. ASSOCIATION’S 100TH ANNUAL two Senate campaigns and a presidential Eligibility for federal entitlement programs, CONVENTION campaign,’’ noted Carle, who had planned to such as social security, Medicare, and vet- return to graduate school in his native Utah eran’s benefits traditionally have been meas- ∑ Mr. LAUTENBERG. Mr. President, if he hadn’t landed the job with Simon in ured by state, not federal law. Similarly, today I rise to salute one of New Jer- January, 1981. marital status for the purpose of applying sey’s finest enduring examples of pub- Usually, the comings and goings of con- federal statutes such as tax codes and immi- lic service. On September 10, 1996, the gressional press secretaries are frequent, gration laws has been defined by state law. New Jersey Firemen’s Mutual Benevo- routine, and scarcely noteworthy. This long-standing practice appropriately lent Association will meet for the 100th But the soft-spoken, unassuming Carle is recognizes the prerogative of state legisla- exceptional in longevity, dedication and per- tures to regulate the family as a matter of time at its annual convention in Atlan- formance, creating a model congressional local policy, and the greater experience of tic City. press operation that mirrors Simon’s reputa- state court judges, charged with imple- Since it was established on December tion for integrity. menting the state laws governing family dis- 11, 1897, the New Jersey Fireman’s Mu- Simon extols Carle as a ‘‘fine human solution as well as matrimony, in deter- tual Benevolent Association has had a being’’ and an ‘‘incredibly hard worker’’ who mining marital status. The Defense of Mar- tremendously positive impact on its is on the job before Simon shows up at 8 a.m. riage Act would reverse that wholesome tra- members, their families and the gen- and, even on weekends, keeps Simon posted dition by creating a federal law of marriage eral public. For the past century on any news breaking anywhere. The Senator, a onetime newspaper owner for purposes of the federal code. As Professor NJFMBA has conducted fire safety pro- Laurence H. Tribe observed, in the New York and longtime columnist, said Carle’s philos- Times on May 26, 1996, ‘‘[i]t is ironic . . . grams in our schools. They have ophy on dealing with reporters meshes with that such a measure should be defended in worked tirelessly for burn victims his own. the name of states’ rights.’’ through their fund raising efforts, and ‘‘Sometimes you have to say ‘no comment’ Moreover, despite the claims of proponents they have helped to establish state of or sometimes you duck a question by giving who assert that the Act does not prohibit the art burn centers in several New an evasive answer,’’ Simon noted. ‘‘But you states from legalizing same-sex marriage, Jersey hospitals. never lie to anyone.’’ Section Three would make even-handed ad- Mr. President, the life of a firefighter Carle also has earned the respect of Repub- ministration of such a state’s family law im- is among the most demanding of pro- lican and Democratic staffers and law- possible. Take, for example, the ability of makers, as well as reporters covering the Il- married couples to split their income for fessions. They answer every alarm and linois congressional delegation. purposes of the federal income tax laws. Sin- risk their lives to protect our commu- As Major League Baseball’s lobbyist, gle-earner opposite-sex married couples nities. They hold the line against our Springfield native Gene Callahan knows a could take advantages of the lower tax bur- most devastating natural enemy, un- ‘‘most valuable player’’ when he sees one.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10080 CONGRESSIONAL RECORD — SENATE September 9, 1996 ‘‘There’s none better than David Carle,’’ The PRESIDING OFFICER. Without zation established prior to September 1, 1993)’’; said Callahan, a former newspaper political objection, it is so ordered. and columnist, longtime aide to former Sen. The clerk will report. (ii) in clause (i)— Alan Dixon, and Simon’s press secretary The legislative clerk read as follows: (I) by striking ‘‘composed of’’ in the matter when he was lieutenant governor. preceding subclause (I) and inserting ‘‘composed ‘‘He’s completely honest and effective in A bill (S. 1324) to amend the Public Health of a reasonable balance of’’; Service Act to revise and extend the solid- his role as press secretary,’’ continued Cal- (II) by inserting before the comma in sub- organ procurement and transplantation pro- lahan, who’s dealt with myriad press aides clause (II) the following: ‘‘, including individ- grams, and the bone marrow donor program, over the last four decades. ‘‘He’s timely in uals who have received a transplant of an organ and for other purposes. returning telephone calls and would never (or transplant candidates), and individuals who think of misleading a reporter.’’ The Senate proceeded to consider the are part of the family of an individual who has Doug Booth, press secretary for Rep. Den- bill, which had been reported from the donated or received an organ or who is a trans- nis Hastert, R-Yorkville, has known Carle Committee on Labor and Human Re- plant candidate’’; since 1984 when Booth was a newsman for a sources, with an amendment to strike (III) by striking subclause (IV) and inserting radio station in Marion and Simon rep- all after the enacting clause and insert- the following new subclause: resented the state’s southernmost House dis- ing in lieu thereof the following: ‘‘(IV) physicians or other health care profes- trict. sionals with knowledge and skill in the field of ‘‘Dave always has been extremely effective SECTION 1. SHORT TITLE. neurology, emergency medicine, or trauma sur- in the job he has done for Paul Simon,’’ This Act may be cited as the ‘‘Organ and gery’’; and Bone Marrow Transplant Program Reauthoriza- Booth said. ‘‘Pat Leahy is lucky to get him (IV) in subclause (V), by striking ‘‘a member’’ tion Act of 1995’’. on board.’’ and all that follows through the comma and in- Similar kudos come from Terri Moreland, TITLE I—SOLID-ORGAN TRANSPLANT sert the following: ‘‘a member who is a surgeon who heads Republican Gov. Jim Edgar’s of- PROGRAM or physician who has privileges to practice in fice here. Moreland said Carle has been SEC. 101. SHORT TITLE. such centers and who is actively and directly in- ‘‘great to work with’’ on Illinois matters. This title may be cited as the ‘‘Solid-Organ volved in caring for transplant patients,’’; ‘‘He’s absolutely professional, and he is so Transplant Program Reauthorization Act of (2) by striking paragraph (2); highly regarded on ‘the Hill,’’’ Moreland said 1995’’. (3) by redesignating paragraph (3) as para- of Carle. graph (2); Indeed, Carle’s ability, credibility and SEC. 102. ORGAN PROCUREMENT ORGANIZA- TIONS. (4) in paragraph (2) (as so redesignated)— workaholic habits resulted in his being draft- (a) IN GENERAL.—Subsection (a) of section 371 (A) in subparagraph (A)— ed for the thankless-but-sensitive job of of the Public Health Service Act (42 U.S.C. (i) by striking ‘‘a substantial majority’’ and spokesman for Democrats on Senate panels 273(a)) is amended to read as follows: inserting ‘‘all’’; probing the financial dealings of President ‘‘(a)(1) The Secretary may enter into coopera- (ii) by striking ‘‘donations,’’ and inserting Clinton and the First Lady when Clinton was tive agreements and contracts with qualified ‘‘donation, unless they have been previously governor of Arkansas. organ procurement organizations described in granted by the Secretary a waiver from para- Although seemingly shy, Carle is the mas- subsection (b) and other public or nonprofit pri- graph (1)(A) or have waivers pending under sec- ter of the soft sell. A believer in preparation, vate entities for the purpose of increasing organ tion 1138 of the Social Security Act’’; and he always has been ready, responsive and re- donation through approaches such as— liable when reporters hit him with questions (iii) by adding at the end thereof the fol- ‘‘(A) the planning and conducting of pro- on almost any subject. lowing: ‘‘except that the Secretary may waive grams to provide information and education to If a reporter showed even the faintest in- the requirements of this subparagraph upon the the public on the need for organ donations; request of the organ procurement organization if terest in a Simon issue, Carle would bombard ‘‘(B) the training of individuals in requesting him before day’s end with a raft of material the Secretary determines that such an agree- such donations; ment would not be helpful in promoting organ which not only supported Simon’s viewpoint ‘‘(C) the provision of technical assistance to but also provided opposing arguments and donation,’’; organ procurement organizations and other en- (B) by redesignating subparagraphs (B) sources. tities that can contribute to organ donation; Simon and Carle fit like hand-and-glove. through (K) as subparagraphs (D) through (M), ‘‘(D) the performance of research and the per- respectively, Simon has kept his press secretary well post- formance of demonstration programs by organ ed on his activities and is comfortable talk- (C) by inserting after subparagraph (A) the procurement organizations and other entities following new subparagraphs: ing with reporters. that may increase organ donation; Carle said he considers himself very fortu- ‘‘(B) conduct and participate in systematic ef- ‘‘(E) the voluntary consolidation of organ forts, including public education, to increase the nate to have worked for ‘‘one of the finest procurement organizations and tissue banks; or politicians of this era or, I think, any era.’’ number of potential donors, including popu- ‘‘(F) increasing organ donation and access to lations for which there is a greater degree of He tends to speak of Simon as if the sen- transplantation with respect to populations for ator could walk on water. But Carle also organ shortage than that of the general popu- which there is a greater degree of organ short- lation, would be honest enough to disclose the ages relative to the general population. water-walking only happens when the pond ‘‘(C) be a member of and abide by the rules ‘‘(2)(A) In entering into cooperative agree- and requirements of the Organ Procurement and behind Simon’s rural Makanda home is fro- ments and contracts under subparagraphs (A) zen.∑ Transplantation Network (referred to in this and (B) of paragraph (1), the Secretary shall part as the ‘Network’) established under section f give priority to increasing donations and im- 372,’’; proving consent rates for the purpose described (D) by inserting before the comma in subpara- INTERPARLIAMENTARY in such paragraph. CONFERENCES graph (G) (as so redesignated) the following: ‘‘, ‘‘(B) In entering into cooperative agreements which system shall, at a minimum, allocate each Mr. LOTT. Mr. President, for the in- and contracts under paragraph (1)(C), the Sec- type of organ on the basis of— retary shall give priority to carrying out the formation of the affected Members of ‘‘(i) a single list encompassing the entire serv- purpose described in such paragraph with re- ice area; the Senate, I would like to state for spect to increasing donations from both organ ‘‘(ii) a list that encompasses at least an entire the record that if a Member who is pre- procurement organizations and hospitals.’’. State; cluded from travel by the provisions of (b) QUALIFIED ORGAN PROCUREMENT ORGANI- ‘‘(iii) a list that encompasses an approved al- rule 39 is appointed as a delegate to an ZATIONS.—Section 371(b) of such Act (42 U.S.C. ternative local unit (as defined in paragraph official conference to be attended by 273(b)) is amended— (3)) that is approved by the Network and the Members of the Senate, then the ap- (1) in paragraph (1)— (A) in the matter preceding subparagraph Secretary, or pointment of that individual con- ‘‘(iv) a list that encompasses another alloca- stitutes an authorization by the Senate (A)— (i) by striking ‘‘for which grants may be made tion system which has been approved by the and the Member will not be deemed in under subsection (a)’’ and inserting ‘‘described Network and the Secretary, violation of rule 39. in this section’’; and of individuals who have been medically referred f (ii) by striking ‘‘paragraph (2)’’ and inserting to a transplant center in the service area of the ‘‘Paragraph (3)’’; organization in order to receive a transplant of ORGAN AND BONE MARROW (B) by realigning the margin of subparagraph the type of organ with respect to which the list TRANSPLANT PROGRAM REAU- (E) so as to align with the margin of subpara- is maintained and had been placed on an organ THORIZATION ACT OF 1995 graph (D); and specific waiting list;’’; (C) in subparagraph (G)— (E) by inserting before the comma in subpara- Mr. LOTT. Mr. President, I ask unan- (i) in the matter preceding clause (i), by strik- graph (I) (as so redesignated) the following: imous consent the Senate proceed to ing ‘‘directors or an advisory board’’ and insert- ‘‘and work with local transplant centers to en- the immediate consideration of Cal- ing ‘‘directors (or an advisory board, in the case sure that such centers are actively involved with endar No. 377, S. 1324. of a hospital-based organ procurement organi- organ donation efforts’’; and

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10081 (F) by inserting after ‘‘evaluate annually’’ in culated so as to be sufficient to cover the Net- candidates), individuals who are part of the subparagraph (L) (as so redesignated) the fol- work’s reasonable costs of operation in accord- family of individuals who have donated or re- lowing ‘‘and submit data to the Network con- ance with this section. The Secretary shall have ceived an organ, the number of whom shall tractor on’’ the effectiveness of the organiza- 60 days, beginning on the date on which the make up a reasonable portion of the total num- tion,’’; and written application justifying the proposed fee ber of board members), and the Division of (5) by adding at the end thereof the following as reasonable is submitted to the Secretary, to Organ Transplantation of the Bureau of Health new paragraph: provide the Network with a written determina- Resources Development (the Health Resources ‘‘(3)(A) As used in paragraph (2)(G), the term tion and rationale for such determination that and Services Administration) shall be rep- ‘alternative local unit’ means— the proposed increase is not reasonable and cus- resented at all meetings except for those per- ‘‘(i) a unit composed of two or more organ tomary and that the Secretary disapproves the taining to the Network contractor’s internal procurement organizations; or recommendation of the Network under this business;’’; ‘‘(ii) a subdivision of an organ procurement paragraph with respect to the change in fee for (B) in clause (ii)— organization that operates as a distinct procure- listing each potential transplant recipient. (i) by inserting ‘‘including a patient affairs ment and distribution unit as a result of special ‘‘(5) Any increase in the patient registration committee and a minority affairs committee’’ geographic, rural, or population concerns but fee shall be limited to an increase that is reason- after ‘‘committees,’’; and that is not composed of any subunit of a metro- ably required as a result of— (ii) by striking the period; and politan statistical area. ‘‘(A) increases in the level or cost of contract (C) by adding at the end thereof the following ‘‘(B) The Network shall make recommenda- tasks and other activities related to organ pro- new clauses: tions to the Secretary concerning the approval curement and transplantation; or ‘‘(iii) that shall include representation by a or denial of alternative local units. The Network ‘‘(B) decreases in expected revenue from pa- member of the Division of Organ Transplan- shall assess whether the alternative local units tient registration fees available to the con- tation of the Bureau of Health Resources Devel- will better promote organ donation and the eq- tractor. opment (the Health Resources and Services Ad- ministration) as a representative at all meetings uitable allocation of organs. The patient registration fees shall not be in- ‘‘(C) The Secretary shall approve or deny any (except for those portions of committee meetings creased more than once during each year. alternative local unit designation recommended pertaining to the Network contractor’s internal ‘‘(6) All fees collected by the Network con- by the Network. The Secretary shall have 60 business) of all committees (including the execu- tractor under paragraph (4) shall be available to days, beginning on the date on which the appli- tive committee, finance committee, nominating the Network without fiscal year limitation. The cation is submitted to the Secretary, to approve committee, and membership and professional contract with the Network contractor shall pro- or deny the recommendations of the Network standards committee) under clause (ii); vide that expenditures of such funds (including under subparagraph (B) with respect to the ap- ‘‘(iv) that may include a member from an patient registration fees collected by the con- plication of the alternative local unit.’’. organ procurement organization on all commit- tractor and or contract funds) are subject to an- (c) AFFECT OF AMENDMENTS.—The amend- tees under clause (ii); and nual audit under the provisions of the Office of ments made by subsection (b) shall not be con- ‘‘(v) that may include physicians or other Management and Budget Circular No. A–133 en- strued to affect the provisions of section 1138(a) health care professionals with knowledge and titled ‘Audits of Institutions of Higher Learning of the Social Security Act (42 U.S.C. 1320b-8(a)). skill in the field of neurology, emergency medi- and Other Nonprofit Institutions’. A report con- (d) EFFECTIVE DATE.—The amendments made cine, and trauma surgery on all committees cerning the audit and recommendations regard- by subsection (b) shall apply to organ procure- under clause (ii).’’; and ing expenditures shall be submitted to the Net- ment organizations and the Organ Procurement (2) in paragraph (2)— work, the contractor, and the Secretary. and Transplantation Network beginning Janu- (A) in subparagraph (A)— ‘‘(7) The Secretary may institute and collect a ary 1, 1996. (i) in the matter preceding clause (i), by strik- data management fee from transplant hospitals ing ‘‘or through regional centers’’ and inserting SEC. 103. ORGAN PROCUREMENT AND TRANS- and organ procurement organizations. Such fees PLANTATION NETWORK. ‘‘and at each Organ Procurement Organiza- shall be directed to and shall be sufficient to (a) OPERATION.—Subsection (a) of section 372 tion’’; and cover— of the Public Health Service Act (42 U.S.C. (ii) by striking clause (i) and inserting the fol- ‘‘(A) the costs of the operation and adminis- 274(a)) is amended to read as follows: lowing new clause: tration of the Scientific Registry in accordance ‘‘(i) with respect to each type of transplant, a ‘‘(a)(1) Congress finds that— ‘‘(A) it is in the public interest to maintain with the contract under section 373; and national list of individuals who have been medi- and improve a durable system for promoting and ‘‘(B) the costs of contracts and cooperative cally referred to receive a transplant of the type supporting a central network to assist organ agreements to support efforts to increase organ of organs with respect to which the list is main- procurement organizations in the nationwide donation under section 371. tained (which list shall include the names of all distribution of organs among transplant pa- Such data management fee shall be set annually individuals included on lists in effect under sec- tients; by the Network in an amount determined by the tion 371(b)(2)(G)), and’’; ‘‘(B) it is desirable to continue the partnership Network, in consultation with the Secretary, (B) in subparagraph (B), by inserting ‘‘, in- between public and private enterprise, by con- and approved by the Secretary. Such data man- cluding requirements under section 371(b),’’ tinuing to provide Federal Government oversight agement fee shall be calculated based on the after ‘‘membership criteria’’; (C) by redesignating subparagraphs (E) and assistance for services performed by the number of transplants performed or facilitated through (L), as subparagraphs (F) through (M), Network; and by each transplant hospital or center, or organ respectively; ‘‘(C) the Federal Government should actively procurement organization. The per transplant (D) by inserting after subparagraph (D), the oversee Network activities to ensure that the data management fee shall be divided so that following new subparagraph: the patient specific transplant center will pay 80 policies and procedures of the Network for serv- ‘‘(E) assist and monitor organ procurement or- percent and the procuring organ procurement ing patient and donor families and procuring ganizations in the equitable distribution of or- organization will pay 20 percent of the per and distributing organs are fair, efficient and in gans among transplant patients,’’; compliance with all applicable legal rules and transplant data management fee. Such fees (E) in subparagraph (K) (as so redesignated), standards; however, the initiative and primary shall be available to the Secretary and the con- by striking ‘‘and’’ at the end thereof; responsibility for establishing medical criteria tractor operating the Scientific Registry without (F) in subparagraph (L) (as so redesignated), and standards for organ procurement and trans- fiscal year limitation. The expenditure (includ- by striking the period and inserting ‘‘, including plantation stills resides with the Network. ing fees or contract funds) of such fees by the making recommendations to organ procurements ‘‘(2) The Secretary shall provide by contract contractor shall be subject to an annual inde- organizations and the Secretary based on data for the operation of the Network which shall pendent audit (performed by the Secretary or an submitted to the Network under section meet the requirements of subsection (b). authorized auditor at the discretion of the Sec- 371(b)(2)(L),’’; ‘‘(3) The Network shall be recognized as a pri- retary) and reported along with recommenda- (G) in subparagraph (M) (as so redesig- vate entity that has an expertise in organ pro- tions regarding such expenditures, to the Net- nated)— curement and transplantation with the primary work, the contractor and the Secretary. (i) by striking ‘‘annual’’ and inserting ‘‘bien- purposes of encouraging organ donation, main- ‘‘(8) The Secretary and the Comptroller Gen- nial’’; taining a ‘wait list’, and operating and moni- eral shall have access to all data collected by (ii) by striking ‘‘the comparative costs and’’; toring an equitable and effective system for allo- the contractor or contractors in carrying out its (iii) by striking the period and inserting the cating organs to transplant recipients, and shall responsibilities under the contract under this following: ‘‘, including survival information, report to the Secretary instances of continuing section and section 373.’’. waiting list information, and information per- noncompliance with policies (or when promul- (b) REQUIREMENTS.—Section 372(b) of the Pub- taining to the qualifications and experience of gated, rules) and requirements of the Network. lic Health Service Act (42 U.S.C. 274(b)) is transplant surgeons and physicians affiliated ‘‘(4) The Network may assess a fee (to be amended— with the specific Network programs,’’; and known as the ‘patient registration fee’), to be (1) in paragraph (1)(B)— (H) by adding at the end thereof the following collected by the contractor for listing each po- (A) in clause (i)— new subparagraphs: tential transplant recipient on its national (i) by striking ‘‘(including organizations that ‘‘(N) submit to the Secretary for approval a organ matching system, in an amount which is have received grants under section 371)’’; and written notice containing a justification, as rea- reasonable and customary and determined by (ii) by striking ‘‘; and’’ at the end thereof and sonable and customary, of any proposed in- the Network and approved as such by the Sec- inserting ‘‘(including both individuals who have crease in the patient registration fees as main- retary. The patient registration fee shall be cal- received a transplant of an organ (or transplant tained under subparagraph (A)(i), such change

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 6333 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10082 CONGRESSIONAL RECORD — SENATE September 9, 1996 to be considered as so approved if the Secretary (4) by adding at the end thereof the following (3) in subsection (b)— does not provide written notification otherwise new subsection: (A) in paragraph (1)— prior to the expiration of the 60-day period be- ‘‘(d) No contract in excess of $25,000 may be (i) by striking ‘‘grant’’ and inserting ‘‘con- ginning on the date on which the notice of pro- made under this part using funds withheld tract’’; and posed change is submitted to the Secretary, under subsection (c)(1) unless an application for (ii) by striking ‘‘and may not exceed $100,000’’; ‘‘(O) make available to the Secretary such in- such contract has been submitted to the Sec- (B) by striking paragraph (2); formation, books, and records regarding the Net- retary, recommended by the Network and ap- (C) by redesignating paragraph (3) as para- work as the Secretary may require, proved by the Secretary. Such an application graph (2); and (D) in paragraph (2) (as so redesignated)— ‘‘(P) submit to the Secretary, in a manner pre- shall be in such form and be submitted in such (i) by striking ‘‘Grants or contracts’’ and in- scribed by the Secretary, an annual report con- a manner as the Secretary shall prescribe.’’. serting ‘‘Contracts’’; and cerning the scientific and clinical status of SEC. 105. ADMINISTRATION. (ii) by striking ‘‘371(a)(3)’’ and inserting organ donation and transplantation, and Section 375 of the Public Health Service Act ‘‘371(a)(2)’’; ‘‘(Q) meet such other criteria regarding com- (42 U.S.C. 274c) is amended— (4) in subsection (c)— pliance with this part as the Secretary may es- (1) in section 375 (42 U.S.C. 274c), by inserting (A) by striking ‘‘grant or’’ each place that tablish.’’. before the dash the following: ‘‘oversee the Net- such appears; and (c) PROCEDURES.—Section 372(c) of the Public work, the Scientific Registry and to’’; (B) in paragraph (1), by striking ‘‘grants Health Service Act (42 U.S.C. 274(c)) is amend- (2) in paragraph (3)— and’’; and ed— (A) by striking ‘‘in the health care system’’; (5) in subsection (d)(2), by striking ‘‘and for (1) in paragraph (1), by striking ‘‘and’’ at the and purposes of section 373, such term includes bone end thereof; (B) by striking ‘‘and’’ at the end thereof; marrow’’. (2) in paragraph (2), by striking the period (3) in paragraph (4), by striking the period (b) REPEAL.—Sections 376 and 378 of the Pub- and inserting a semicolon; and and inserting ‘‘; and’’; and lic Health Service Act (42 U.S.C. 274d and 274g) (3) by adding at the end thereof the following (4) by adding at the end thereof the following are repealed. new paragraph: new paragraphs: SEC. 108. AUTHORIZATION OF APPROPRIATION. ‘‘(3) working through and with, the Network ‘‘(5) through contract, prepare a triennial Part H of title III of the Public Health Service contractor to define priorities; and organ procurement organization specific data Act (42 U.S.C. 273 et seq.) is amended by adding ‘‘(4) working through, working with, and di- report (the initial report to be completed not at the end thereof the following new section: recting the Network contractor to respond to later than 18 months after the date of enactment new emerging issues and problems.’’. of this paragraph) that includes— ‘‘SEC. 378. AUTHORIZATION OF APPROPRIATIONS. (d) EXPANSION OF ACCESS.—Section 372 of the ‘‘(A) data concerning the effectiveness of each ‘‘There are authorized to be appropriated to Public Health Service Act (42 U.S.C. 274) is organ procurement organization in acquiring carry out sections 371, 372, 375 and 377, amended by adding at the end thereof the fol- potentially available organs, particularly among $1,950,000 for fiscal year 1997, and $1,100,000 for lowing new subsection: minority populations; fiscal year 1998, and to carry out section 371, ‘‘(d) EXPANSION OF ACCESS TO COMMITTEES ‘‘(B) data concerning the variation of pro- $250,000 for each of the fiscal years 1999 through AND BOARD OF DIRECTORS.—Not later than 1 curement across hospitals within the organ pro- 2001.’’. year after the completion of the Institute of curement organization region; SEC. 109. EFFECTIVE DATES. Medicine report required under section 377, the ‘‘(C) a plan to increase procurement, particu- The amendments made by this title shall be- Network contractor, in consultation with the larly among populations for which there is a come effective on the date of enactment of this Network and the Secretary, shall present to the greater degree of organ shortages relative to the Act. Secretary and the appropriate committees of general population; and TITLE II—BONE MARROW DONOR Congress, a plan to implement the study rec- ‘‘(D) a plan to increase procurement at hos- PROGRAM ommendations relating to the access of all inter- pitals with low rates of procurement.’’. SEC. 201. SHORT TITLE. ested constituencies and organizations to mem- SEC. 106. STUDY AND REPORT. This title may be cited as the ‘‘Bone Marrow bership on the Network Board of Directors and Section 377 of the Public Health Service Act Transplantation Program Reauthorization Act all of its committees. Ensuring the reasonable (42 U.S.C. 274f) is amended to read as follows: of 1995’’. mix of all populations shall be a priority of the ‘‘SEC. 377. STUDY AND REPORT. SEC. 202. REAUTHORIZATION. plan for implementation.’’. ‘‘(a) EVALUATION BY THE INSTITUTE OF MEDI- (a) ESTABLISHMENT OF DONOR REGISTRY.— (e) REGULATIONS.— CINE.— Section 379(a) of the Public Health Service Act (1) IN GENERAL.—Not later than the expiration ‘‘(1) IN GENERAL.—The Secretary shall enter (42 U.S.C. 274k(a)) is amended— of the 1-year period beginning on the date of en- into a contract with a public or nonprofit pri- (1) by striking ‘‘ ‘Registry’’’ and inserting actment of this Act, the Secretary of Health and vate entity to conduct a study and evaluation ‘‘ ‘Donor Registry’’’; Human Services shall issue a final rule to estab- of— (2) by inserting after the end parenthesis the lish the regulations for criteria under part H of ‘‘(A) the role of and the impact of the Federal following: ‘‘the primary purpose of which shall title III of the Public Health Service Act (42 Government in the oversight and support of be increasing unrelated donor marrow trans- U.S.C. 273 et seq.). solid-organ transplantation, the Network plants,’’; and (2) CONSIDERATION OF CERTAIN BYLAWS AND (which on the date of enactment of this section (3) by adding at the end thereof the following: POLICIES.—In developing regulations under carries out its functions by government con- ‘‘With respect to the board of directors— paragraph (1), the Secretary shall consider the tract) and the solid organ transplantation sci- ‘‘(1) each member of the board shall serve for bylaws and policies of the Network. entific registry; and a term of 2 years, and each such member may (3) FAILURE TO ISSUE REGULATIONS BY DATE ‘‘(B) the access of all interested constituencies serve as many as three consecutive 2-year terms; CERTAIN.—If the Secretary fails to issue a final and organizations to membership on the Net- ‘‘(2) a member of the board may continue to rule under paragraph (1) prior to the expiration work board of directors and all Network commit- serve after the expiration of the term of such of the period referred to in such paragraph, the tees; member until a successor is appointed; Secretary shall, not later than 30 days after the ‘‘(2) INSTITUTE OF MEDICINE.—The Secretary ‘‘(3) to ensure the continuity of the board, not expiration of such period, prepare and submit to shall request the Institute of Medicine of the more than one-third of the board shall be com- the appropriate committees of Congress a report National Academy of Sciences to enter into the posed of members newly appointed each year; describing the reasons why the Secretary is not contract under paragraph (1) to conduct the ‘‘(4) all appointed and elected positions within in compliance with paragraph (1) and the plans study and evaluation described in such para- committees established by the board shall be for that will be implemented to provide for the graph. If the Institute declines to conduct the 2-year periods; issuance of the final rule under such paragraph. study and evaluation under such paragraph, ‘‘(5) the terms of approximately one-third of SEC. 104. TERMS AND CONDITIONS OF CON- the Secretary shall carry out such activities the members of each such committee will be sub- TRACTS. through another public or nonprofit private en- ject each year to reappointment or replacement; Section 374 of the Public Health Service Act tity. ‘‘(6) no individual shall serve more than three (42 U.S.C. 274b) is amended— (b) REPORT.—Not later than 2 years after the consecutive 2-year terms on any such committee; (1) in subsection (b)(2), by striking ‘‘two date of enactment of this section, the Institute and years’’ and inserting ‘‘(three years)’’; of Medicine (or other entity as the case may be) ‘‘(7) the board and committees shall be com- (2) in subsection (c)— shall complete the study required under sub- posed of a reasonable balance of representatives (A) by redesignating paragraph (1) and (2) as section (a)(1) and prepare and submit to the of donor centers, transplant centers, blood paragraphs (2) and (3), respectively; and Committee on Labor and Human Resources of banks, marrow transplant recipients, individ- (B) by inserting before paragraph (2) (as so re- the Senate, a report describing the findings uals who are family members of an individual designated) the following new paragraph: made as a result of the study.’’. who has required, received, or is registered with ‘‘(1) The Secretary shall annually withhold SEC. 107. GENERAL PROVISIONS. the Donor Registry to become a recipient of a not to exceed $250,000 or 10 percent of the (a) CONTRACTS.—Section 374 of the Public transplant from a biologically unrelated marrow amount of the data management fees collected Health Service Act (42 U.S.C. 274b) is amended— donor, with nonvoting representatives from the under section 372 (whichever is greater) to be (1) in the section heading, by striking Naval Medical Research and Development Com- used to fund contracts as described in section ‘‘GRANTS AND’’; mand and the Division of Organ Transplan- 371.’’; (2) in subsection (a), by striking ‘‘grant may tation of the Bureau of Health Resources Devel- (3) by redesignating subsection (d) as sub- be made under this part or contract’’ and insert- opment (of the Health Resources and Services section (e); and ing ‘‘contract may be’’; Administration).’’.

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(b) PROGRAM FOR UNRELATED MARROW ‘‘(iii) individuals who are included in the ‘‘(3) REPORT.—Not later than 2 years after the TRANSPLANTS.—Section 379(b) of such Act (42 Donor Registry as potential marrow donors. date of enactment of this section, the Institute U.S.C. 274k(b)) is amended— ‘‘(B) establish and maintain a system for pa- of Medicine (or other entity as the case may be) (1) in paragraph (4) to read as follows: tient advocacy that directly assists patients, shall complete the study required under para- ‘‘(4) provide information to physicians, other their families, and their physicians in a search graph (1) and prepare and submit to the Com- health care professionals, and the public regard- for an unrelated donor; mittee on Labor and Human Resources of the ing the availability of unrelated marrow trans- ‘‘(C) provide individual case management Senate, a report describing the findings made as plantation as a potential treatment option;’’; services as appropriate to directly assist individ- a result of the study. (2) in paragraph (5) to read as follows: uals and physicians referred to in subparagraph ‘‘(b) BONE MARROW CONSOLIDATION.— ‘‘(5) establish a program for the recruitment of (A), including— ‘‘(1) IN GENERAL.—The Secretary shall con- new bone marrow donors that includes— ‘‘(i) individualized case assessment and track- duct— ‘‘(A) the priority to increase potential marrow ing of preliminary search through activation ‘‘(A) an evaluation of the feasibility of inte- donors for which there is a greater degree of (including when the search process is inter- grating or consolidating all federally funded marrow donor shortage than that of the general rupted or discontinued); bone marrow transplantation scientific reg- population; and ‘‘(ii) informing individuals and physicians on istries, regardless of the type of marrow recon- ‘‘(B) the compilation and distribution of infor- regular intervals of progress made in searching stitution utilized; and mational materials to educate and update po- for appropriate donors; and ‘‘(B) an evaluation of all federally funded tential donors;’’; ‘‘(iii) identifying and resolving individual bone marrow transplantation research to be (3) by redesignating paragraphs (6) and (7) as search problems or concerns; conducted under the direction and administra- ‘‘(D) collect and analyze data concerning the paragraphs (8) and (9), respectively; and tion of the peer review system of the National number and percentage of individuals pro- (4) by inserting after paragraph (5), the fol- Institutes of Health. ceeding from preliminary to formal search, for- lowing new paragraphs: ‘‘(2) REPORT.—Not later than 1 year after the mal search to transplantation, the number and ‘‘(6) annually update the Donor Registry to date of enactment of this section, the Secretary percentage of patients unable to complete the account for changes in potential donor status; shall prepare and submit to the Committee on search process, and the comparative costs in- ‘‘(7) not later than 1 year after the date on Labor and Human Resources of the Senate a re- curred by patients prior to transplant; which the ‘Bone Marrow Program Inspection’ port concerning the evaluations conducted (hereafter referred to in this part as the ‘Inspec- ‘‘(E) survey patients to evaluate how well such patients are being served and make rec- under paragraph (1). tion’) that is being conducted by the Office of ‘‘(3) DEFINITION.—As used in paragraph (1), ommendations for expediting the search process; the Inspector General on the date of enactment the term ‘marrow reconstitution’ shall encom- of this paragraph is completed, in consultation and ‘‘(F) provide individual case management pass all sources of hematopoietic cells including with the Secretary, and based on the findings services to individual marrow donors. marrow (autologous, related or unrelated and recommendations of the Inspection, the ‘‘(3) EVALUATION.— allogeneic, syngeneic), autologous marrow, marrow donor program shall develop, evaluate, ‘‘(A) IN GENERAL.—The Secretary shall evalu- allogeneic marrow (biologically related or unre- and implement a plan to streamline and make ate the system established under paragraph (1) lated), umbilical cord blood cells, peripheral more efficient the relationship between the and make recommendations concerning the suc- blood progenitor cells, or other approaches that Donor Registry and donor centers;’’. cess or failure of such system in improving pa- may be utilized.’’. (c) INFORMATION AND EDUCATION PROGRAM.— tient satisfaction, and any impact the system (f) BONE MARROW TRANSPLANTATION SCI- Section 379 of such Act (42 U.S.C. 274k) is has had on assisting individuals in proceeding ENTIFIC REGISTRY.—Part I of title III of such amended by striking subsection (j), and insert- to transplant. Act (42 U.S.C. 274k et seq.) is amended by add- ing the following new subsection: ‘‘(B) REPORT.—Not later than April 1, 1996, ing at the end thereof the following new section: ‘‘(j) INFORMATION AND EDUCATION PRO- the Secretary shall prepare and make available ‘‘SEC. 379B. BONE MARROW SCIENTIFIC REG- GRAM.— a report concerning the evaluation conducted ISTRY. ‘‘(1) IN GENERAL.—The Secretary may enter under subparagraph (A), including the rec- ‘‘(a) ESTABLISHMENT.—The Secretary, acting into contracts with, public or nonprofit private ommendations developed under such subpara- through the Donor Registry, shall establish and entities for the purpose of increasing unrelated graph.’’. maintain a bone marrow scientific registry of all allogeneic marrow transplants, by enabling such (2) DONOR REGISTRY FUNCTIONS.—Section recipients of biologic unrelated allogeneic mar- entities to— 379(b)(2) of such Act (42 U.S.C. 274k(b)(2)) is row donors. ‘‘(A) plan and conduct programs to provide amended by striking ‘‘establish’’ and all that ‘‘(b) INFORMATION.—The bone marrow trans- information and education to the professional follows through ‘‘directly assists’’ and inserting plantation scientific registry established under health care community on the availability of ‘‘integrate the activities of the patient advocacy subsection (a) shall include information with re- unrelated allogeneic marrow transplants as a and case management office established under spect to patients who have received biologic un- potential treatment option; subsection (k) with the remaining Donor Reg- related allogeneic marrow transplant, trans- ‘‘(B) plan and conduct programs to provide istry functions by making available information plant procedures, pretransplant and transplant information and education to the public on the on (A) the resources available through the costs, and other information the Secretary deter- availability of unrelated donor marrow trans- Donor Registry Program, (B) the comparative mines to be necessary to conduct an ongoing plants and the need for donations of bone mar- costs incurred by patients prior to transplant, evaluation of the scientific and clinic status of row; and (C) the marrow donor registries that meet unrelated allogeneic marrow transplantation. ‘‘(C) train individuals in requesting bone mar- the standards described in paragraphs (3) and ‘‘(c) REPORT.—The Donor Registry shall sub- row donations; and (4) of subsection (c), to assist’’. mit to the Secretary on an annual basis a report ‘‘(D) recruit, test and enroll marrow donors (e) STUDY AND REPORTS.—Section 379A of using data collected and maintained by the bone with the priority being groups for which there is such Act (42 U.S.C. 274l) is amended to read as marrow transplantation scientific registry estab- a greater degree of marrow donor shortage than follows: lished under subsection (a) concerning patient that of the general population. ‘‘SEC. 379A. STUDIES, EVALUATIONS AND RE- outcomes with respect to each transplant center ‘‘(2) PRIORITIES.—In awarding contracts PORTS. and the pretransplant comparative costs in- under paragraph (1), the Secretary shall give ‘‘(a) EVALUATION BY THE INSTITUTE OF MEDI- volved at such transplant centers.’’. priority to carrying out the purposes described CINE.— (g) AUTHORIZATION OF APPROPRIATIONS.— in such paragraph with respect to population ‘‘(1) IN GENERAL.—The Secretary shall enter Part I of title III of such Act (42 U.S.C. 274k et groups with such shortages.’’. into a contract with a public or nonprofit pri- seq.) as amended by subsection (f), is further (d) PATIENT ADVOCACY AND CASE MANAGE- vate entity to conduct a study and evaluation amended by adding at the end thereof the fol- MENT.— of— lowing new section: (1) IN GENERAL.—Section 379 of such Act (42 ‘‘(A) the role of a national bone marrow U.S.C. 274k), as amended by subsection (c), is transplant program supported by the Federal ‘‘SEC. 379C. AUTHORIZATION OF APPROPRIA- TIONS. amended by adding at the end thereof the fol- Government in facilitating the maximum number ‘‘There are authorized to be appropriated to lowing new subsection: of unrelated marrow donor transplants; and carry out section 379, $13,500,000 for fiscal year ‘‘(k) PATIENT ADVOCACY AND CASE MANAGE- ‘‘(B) other possible clinical or scientific uses of 1997, $12,150,000 for fiscal year 1998, and such MENT.— the potential donor pool or accompanying infor- sums as may be necessary for fiscal year 1999.’’. ‘‘(1) ESTABLISHMENT.—The Donor Registry mation maintained by the Donor Registry or the shall establish and maintain an office of patient unrelated marrow donor scientific registry. AMENDMENT NO. 5205 advocacy and case management that meets the ‘‘(2) INSTITUTE OF MEDICINE.—The Secretary (Purpose: To restore and modify certain requirements of this subsection. shall request the Institute of Medicine of the qualified organ procurement organization ‘‘(2) FUNCTIONS.—The office established under National Academy of Sciences to enter into the board of director provisions) paragraph (1) shall— contract under paragraph (1) to conduct the Mr. LOTT. Mr. President, I under- ‘‘(A) be headed by a director who shall serve study and evaluation described in such para- stand Senator KASSEBAUM has an as an advocate on behalf of— graph. If the Institute declines to conduct the ‘‘(i) individuals who are registered with the study and evaluation under such paragraph, amendment at the desk. I ask for its Donor Registry to search for a biologically unre- the Secretary shall carry out such activities immediate consideration. lated bone marrow donor; through another public or nonprofit private en- The PRESIDING OFFICER. The ‘‘(ii) the physicians involved; and tity. clerk will report.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10084 CONGRESSIONAL RECORD — SENATE September 9, 1996 The legislative clerk read as follows: (A) and (B) of paragraph (1), the Secretary ‘‘(C) be a member of and abide by the rules shall give priority to increasing donations The Senator from Mississippi [Mr. LOTT], and requirements of the Organ Procurement and improving consent rates for the purpose for Mrs. KASSEBAUM, proposes an amendment and Transplantation Network (referred to in numbered 5205. described in such paragraph. this part as the ‘Network’) established under ‘‘(B) In entering into cooperative agree- section 372,’’; The amendment is as follows: ments and contracts under paragraph (1)(C), (D) by inserting before the comma in sub- Beginning on page 41, strike line 23, and all the Secretary shall give priority to carrying paragraph (G) (as so redesignated) the fol- that follows through line 4 on page 42, and out the purpose described in such paragraph lowing: ‘‘, which system shall, at a min- insert the following: with respect to increasing donations from imum, allocate each type of organ on the ‘‘(i) in clause (i)—’’. both organ procurement organizations and basis of— On page 43, between lines 6 and 7, insert hospitals.’’. ‘‘(i) a single list encompassing the entire the following: (b) QUALIFIED ORGAN PROCUREMENT ORGA- service area; NIZATIONS.—Section 371(b) of such Act (42 ‘‘(ii) in clause (ii), by inserting ‘, adminis- ‘‘(ii) a list that encompasses at least an en- U.S.C. 273(b)) is amended— trative functions of the organ procurement tire State; (1) in paragraph (1)— organization, ’ after ‘organs’; and ‘‘(iii) a list that encompasses an approved (A) in the matter preceding subparagraph ‘‘(iii) in clause (iii), to read as follows: alternative local unit (as defined in para- (A)— ‘(iii) in the case of a hospital-based organ graph (3)) that is approved by the Network (i) by striking ‘‘for which grants may be procurement organization, has no authority and the Secretary, or made under subsection (a)’’ and inserting over any non-transplant-related activity of ‘‘(iv) a list that encompasses another allo- ‘‘described in this section’’; and the organization.’;’’. (ii) by striking ‘‘paragraph (2)’’ and insert- cation system which has been approved by Mr. LOTT. Mr. President, I ask unan- ing ‘‘Paragraph (3)’’; the Network and the Secretary, imous that the amendment be consid- (B) by realigning the margin of subpara- of individuals who have been medically re- ered read and agreed to, the bill be graph (E) so as to align with the margin of ferred to a transplant center in the service deemed read a third time, passed, the subparagraph (D); and area of the organization in order to receive a motion to reconsider be laid upon the (C) in subparagraph (G)— transplant of the type of organ with respect to which the list is maintained and had been table, and that any statements relating (i) in clause (i)— (I) by striking ‘‘composed of’’ in the mat- placed on an organ specific waiting list;’’; to the bill be printed at the appropriate ter preceding subclause (I) and inserting (E) by inserting before the comma in sub- place in the RECORD. ‘‘composed of a reasonable balance of’’; paragraph (I) (as so redesignated) the fol- The PRESIDING OFFICER. Without (II) by inserting before the comma in sub- lowing: ‘‘and work with local transplant cen- objection, it is so ordered. clause (II) the following: ‘‘, including indi- ters to ensure that such centers are actively The amendment (No. 5205) was agreed viduals who have received a transplant of an involved with organ donation efforts’’; and to. organ (or transplant candidates), and indi- (F) by inserting after ‘‘evaluate annually’’ The bill (S. 1324) was deemed read for viduals who are part of the family of an indi- in subparagraph (L) (as so redesignated) the vidual who has donated or received an organ following ‘‘and submit data to the Network a third time and passed, as follows: or who is a transplant candidate’’; contractor on’’ the effectiveness of the orga- S. 1324 (III) by striking subclause (IV) and insert- nization,’’; and Be it enacted by the Senate and House of Rep- ing the following new subclause: (5) by adding at the end thereof the fol- resentatives of the United States of America in ‘‘(IV) physicians or other health care pro- lowing new paragraph: Congress assembled, fessionals with knowledge and skill in the ‘‘(3)(A) As used in paragraph (2)(G), the SECTION 1. SHORT TITLE. field of neurology, emergency medicine, or term ‘alternative local unit’ means— This Act may be cited as the ‘‘Organ and trauma surgery’’; and ‘‘(i) a unit composed of two or more organ Bone Marrow Transplant Program Reauthor- (IV) in subclause (V), by striking ‘‘a mem- procurement organizations; or ization Act of 1996’’. ber’’ and all that follows through the comma ‘‘(ii) a subdivision of an organ procurement and insert the following: ‘‘a member who is organization that operates as a distinct pro- TITLE I—SOLID-ORGAN TRANSPLANT a surgeon or physician who has privileges to curement and distribution unit as a result of PROGRAM practice in such centers and who is actively special geographic, rural, or population con- SEC. 101. SHORT TITLE. and directly involved in caring for trans- cerns but that is not composed of any This title may be cited as the ‘‘Solid-Organ plant patients,’’; subunit of a metropolitan statistical area. Transplant Program Reauthorization Act of (ii) in clause (ii), by inserting ‘‘, adminis- ‘‘(B) The Network shall make rec- 1996’’. trative functions of the organ procurement ommendations to the Secretary concerning SEC. 102. ORGAN PROCUREMENT ORGANIZA- organization,’’ after ‘‘organs’’; and the approval or denial of alternative local TIONS. (iii) in clause (iii), to read as follows: units. The Network shall assess whether the (a) IN GENERAL.—Subsection (a) of section ‘‘(iii) in the case of a hospital-based organ alternative local units will better promote 371 of the Public Health Service Act (42 procurement organization, has no authority organ donation and the equitable allocation U.S.C. 273(a)) is amended to read as follows: over any non-transplant-related activity of of organs. ‘‘(a)(1) The Secretary may enter into coop- the organization.’’; ‘‘(C) The Secretary shall approve or deny erative agreements and contracts with quali- (2) by striking paragraph (2); any alternative local unit designation rec- fied organ procurement organizations de- (3) by redesignating paragraph (3) as para- ommended by the Network. The Secretary scribed in subsection (b) and other public or graph (2); shall have 60 days, beginning on the date on nonprofit private entities for the purpose of (4) in paragraph (2) (as so redesignated)— which the application is submitted to the increasing organ donation through ap- (A) in subparagraph (A)— Secretary, to approve or deny the rec- proaches such as— (i) by striking ‘‘a substantial majority’’ ommendations of the Network under sub- ‘‘(A) the planning and conducting of pro- and inserting ‘‘all’’; paragraph (B) with respect to the application grams to provide information and education (ii) by striking ‘‘donations,’’ and inserting of the alternative local unit.’’. to the public on the need for organ dona- ‘‘donation, unless they have been previously (c) AFFECT OF AMENDMENTS.—The amend- tions; granted by the Secretary a waiver from para- ments made by subsection (b) shall not be ‘‘(B) the training of individuals in request- graph (1)(A) or have waivers pending under construed to affect the provisions of section ing such donations; section 1138 of the Social Security Act’’; and 1138(a) of the Social Security Act (42 U.S.C. ‘‘(C) the provision of technical assistance (iii) by adding at the end thereof the fol- 1320b-8(a)). to organ procurement organizations and lowing: ‘‘except that the Secretary may (d) EFFECTIVE DATE.—The amendments other entities that can contribute to organ waive the requirements of this subparagraph made by subsection (b) shall apply to organ donation; upon the request of the organ procurement procurement organizations and the Organ ‘‘(D) the performance of research and the organization if the Secretary determines Procurement and Transplantation Network performance of demonstration programs by that such an agreement would not be helpful beginning January 1, 1996. organ procurement organizations and other in promoting organ donation,’’; SEC. 103. ORGAN PROCUREMENT AND TRANS- entities that may increase organ donation; (B) by redesignating subparagraphs (B) PLANTATION NETWORK. ‘‘(E) the voluntary consolidation of organ through (K) as subparagraphs (D) through (a) OPERATION.—Subsection (a) of section procurement organizations and tissue banks; (M), respectively, 372 of the Public Health Service Act (42 or (C) by inserting after subparagraph (A) the U.S.C. 274(a)) is amended to read as follows: ‘‘(F) increasing organ donation and access following new subparagraphs: ‘‘(a)(1) Congress finds that— to transplantation with respect to popu- ‘‘(B) conduct and participate in systematic ‘‘(A) it is in the public interest to maintain lations for which there is a greater degree of efforts, including public education, to in- and improve a durable system for promoting organ shortages relative to the general popu- crease the number of potential donors, in- and supporting a central network to assist lation. cluding populations for which there is a organ procurement organizations in the na- ‘‘(2)(A) In entering into cooperative agree- greater degree of organ shortage than that of tionwide distribution of organs among trans- ments and contracts under subparagraphs the general population, plant patients;

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10085 ‘‘(B) it is desirable to continue the partner- cordance with the contract under section 373; inserting ‘‘and at each Organ Procurement ship between public and private enterprise, and Organization’’; and by continuing to provide Federal Govern- ‘‘(B) the costs of contracts and cooperative (ii) by striking clause (i) and inserting the ment oversight and assistance for services agreements to support efforts to increase following new clause: performed by the Network; and organ donation under section 371. ‘‘(i) with respect to each type of trans- ‘‘(C) the Federal Government should ac- Such data management fee shall be set annu- plant, a national list of individuals who have tively oversee Network activities to ensure ally by the Network in an amount deter- been medically referred to receive a trans- that the policies and procedures of the Net- mined by the Network, in consultation with plant of the type of organs with respect to work for serving patient and donor families the Secretary, and approved by the Sec- which the list is maintained (which list shall and procuring and distributing organs are retary. Such data management fee shall be include the names of all individuals included fair, efficient and in compliance with all ap- calculated based on the number of trans- on lists in effect under section 371(b)(2)(G)), plicable legal rules and standards; however, plants performed or facilitated by each and’’; the initiative and primary responsibility for transplant hospital or center, or organ pro- (B) in subparagraph (B), by inserting ‘‘, in- establishing medical criteria and standards curement organization. The per transplant cluding requirements under section 371(b),’’ for organ procurement and transplantation data management fee shall be divided so that after ‘‘membership criteria’’; stills resides with the Network. the patient specific transplant center will (C) by redesignating subparagraphs (E) ‘‘(2) The Secretary shall provide by con- pay 80 percent and the procuring organ pro- through (L), as subparagraphs (F) through tract for the operation of the Network which curement organization will pay 20 percent of (M), respectively; shall meet the requirements of subsection the per transplant data management fee. (D) by inserting after subparagraph (D), (b). Such fees shall be available to the Secretary the following new subparagraph: ‘‘(3) The Network shall be recognized as a and the contractor operating the Scientific ‘‘(E) assist and monitor organ procurement private entity that has an expertise in organ Registry without fiscal year limitation. The organizations in the equitable distribution of procurement and transplantation with the expenditure (including fees or contract organs among transplant patients,’’; primary purposes of encouraging organ dona- funds) of such fees by the contractor shall be (E) in subparagraph (K) (as so redesig- tion, maintaining a ‘wait list’, and operating subject to an annual independent audit (per- nated), by striking ‘‘and’’ at the end thereof; and monitoring an equitable and effective formed by the Secretary or an authorized (F) in subparagraph (L) (as so redesig- system for allocating organs to transplant auditor at the discretion of the Secretary) nated), by striking the period and inserting recipients, and shall report to the Secretary and reported along with recommendations ‘‘, including making recommendations to instances of continuing noncompliance with regarding such expenditures, to the Network, organ procurements organizations and the policies (or when promulgated, rules) and re- the contractor and the Secretary. Secretary based on data submitted to the quirements of the Network. ‘‘(8) The Secretary and the Comptroller Network under section 371(b)(2)(L),’’; ‘‘(4) The Network may assess a fee (to be General shall have access to all data col- (G) in subparagraph (M) (as so redesig- known as the ‘patient registration fee’), to lected by the contractor or contractors in nated)— be collected by the contractor for listing carrying out its responsibilities under the (i) by striking ‘‘annual’’ and inserting ‘‘bi- each potential transplant recipient on its na- contract under this section and section 373.’’. ennial’’; tional organ matching system, in an amount (b) REQUIREMENTS.—Section 372(b) of the (ii) by striking ‘‘the comparative costs Public Health Service Act (42 U.S.C. 274(b)) is which is reasonable and customary and de- and’’; amended— termined by the Network and approved as (iii) by striking the period and inserting (1) in paragraph (1)(B)— such by the Secretary. The patient registra- the following: ‘‘, including survival informa- (A) in clause (i)— tion fee shall be calculated so as to be suffi- tion, waiting list information, and informa- (i) by striking ‘‘(including organizations cient to cover the Network’s reasonable tion pertaining to the qualifications and ex- that have received grants under section costs of operation in accordance with this perience of transplant surgeons and physi- 371)’’; and section. The Secretary shall have 60 days, be- cians affiliated with the specific Network (ii) by striking ‘‘; and’’ at the end thereof ginning on the date on which the written ap- programs,’’; and and inserting ‘‘(including both individuals plication justifying the proposed fee as rea- (H) by adding at the end thereof the fol- who have received a transplant of an organ sonable is submitted to the Secretary, to lowing new subparagraphs: (or transplant candidates), individuals who provide the Network with a written deter- ‘‘(N) submit to the Secretary for approval are part of the family of individuals who mination and rationale for such determina- a written notice containing a justification, have donated or received an organ, the num- tion that the proposed increase is not rea- as reasonable and customary, of any pro- ber of whom shall make up a reasonable por- sonable and customary and that the Sec- posed increase in the patient registration tion of the total number of board members), retary disapproves the recommendation of fees as maintained under subparagraph and the Division of Organ Transplantation of the Network under this paragraph with re- (A)(i), such change to be considered as so ap- the Bureau of Health Resources Development spect to the change in fee for listing each po- proved if the Secretary does not provide (the Health Resources and Services Adminis- tential transplant recipient. written notification otherwise prior to the tration) shall be represented at all meetings ‘‘(5) Any increase in the patient registra- expiration of the 60-day period beginning on except for those pertaining to the Network tion fee shall be limited to an increase that the date on which the notice of proposed contractor’s internal business;’’; is reasonably required as a result of— change is submitted to the Secretary, (B) in clause (ii)— ‘‘(A) increases in the level or cost of con- ‘‘(O) make available to the Secretary such (i) by inserting ‘‘including a patient affairs tract tasks and other activities related to information, books, and records regarding committee and a minority affairs com- organ procurement and transplantation; or the Network as the Secretary may require, mittee’’ after ‘‘committees,’’; and ‘‘(B) decreases in expected revenue from ‘‘(P) submit to the Secretary, in a manner (ii) by striking the period; and patient registration fees available to the prescribed by the Secretary, an annual re- (C) by adding at the end thereof the fol- contractor. port concerning the scientific and clinical lowing new clauses: The patient registration fees shall not be in- status of organ donation and transplan- ‘‘(iii) that shall include representation by a creased more than once during each year. tation, and member of the Division of Organ Transplan- ‘‘(6) All fees collected by the Network con- ‘‘(Q) meet such other criteria regarding tation of the Bureau of Health Resources De- tractor under paragraph (4) shall be available compliance with this part as the Secretary velopment (the Health Resources and Serv- to the Network without fiscal year limita- may establish.’’. tion. The contract with the Network con- ices Administration) as a representative at (c) PROCEDURES.—Section 372(c) of the Pub- tractor shall provide that expenditures of all meetings (except for those portions of lic Health Service Act (42 U.S.C. 274(c)) is such funds (including patient registration committee meetings pertaining to the Net- amended— fees collected by the contractor and or con- work contractor’s internal business) of all (1) in paragraph (1), by striking ‘‘and’’ at tract funds) are subject to annual audit committees (including the executive com- the end thereof; under the provisions of the Office of Manage- mittee, finance committee, nominating com- (2) in paragraph (2), by striking the period ment and Budget Circular No. A–133 entitled mittee, and membership and professional and inserting a semicolon; and ‘Audits of Institutions of Higher Learning standards committee) under clause (ii); (3) by adding at the end thereof the fol- and Other Nonprofit Institutions’. A report ‘‘(iv) that may include a member from an lowing new paragraphs: concerning the audit and recommendations organ procurement organization on all com- ‘‘(3) working through and with, the Net- regarding expenditures shall be submitted to mittees under clause (ii); and work contractor to define priorities; and the Network, the contractor, and the Sec- ‘‘(v) that may include physicians or other ‘‘(4) working through, working with, and retary. health care professionals with knowledge directing the Network contractor to respond ‘‘(7) The Secretary may institute and col- and skill in the field of neurology, emer- to new emerging issues and problems.’’. lect a data management fee from transplant gency medicine, and trauma surgery on all (d) EXPANSION OF ACCESS.—Section 372 of hospitals and organ procurement organiza- committees under clause (ii).’’; and the Public Health Service Act (42 U.S.C. 274) tions. Such fees shall be directed to and shall (2) in paragraph (2)— is amended by adding at the end thereof the be sufficient to cover— (A) in subparagraph (A)— following new subsection: ‘‘(A) the costs of the operation and admin- (i) in the matter preceding clause (i), by ‘‘(d) EXPANSION OF ACCESS TO COMMITTEES istration of the Scientific Registry in ac- striking ‘‘or through regional centers’’ and AND BOARD OF DIRECTORS.—Not later than 1

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10086 CONGRESSIONAL RECORD — SENATE September 9, 1996 year after the completion of the Institute of ‘‘(A) data concerning the effectiveness of SEC. 108. AUTHORIZATION OF APPROPRIATION. Medicine report required under section 377, each organ procurement organization in ac- Part H of title III of the Public Health the Network contractor, in consultation quiring potentially available organs, par- Service Act (42 U.S.C. 273 et seq.) is amended with the Network and the Secretary, shall ticularly among minority populations; by adding at the end thereof the following present to the Secretary and the appropriate ‘‘(B) data concerning the variation of pro- new section: committees of Congress, a plan to implement curement across hospitals within the organ ‘‘SEC. 378. AUTHORIZATION OF APPROPRIATIONS. the study recommendations relating to the procurement organization region; ‘‘There are authorized to be appropriated access of all interested constituencies and ‘‘(C) a plan to increase procurement, par- to carry out sections 371, 372, 375 and 377, organizations to membership on the Network ticularly among populations for which there $1,950,000 for fiscal year 1997, and $1,100,000 Board of Directors and all of its committees. is a greater degree of organ shortages rel- for fiscal year 1998, and to carry out section Ensuring the reasonable mix of all popu- ative to the general population; and 371, $250,000 for each of the fiscal years 1999 lations shall be a priority of the plan for im- ‘‘(D) a plan to increase procurement at through 2001.’’. plementation.’’. hospitals with low rates of procurement.’’. SEC. 109. EFFECTIVE DATES. EGULATIONS (e) R .— SEC. 106. STUDY AND REPORT. The amendments made by this title shall (1) IN GENERAL.—Not later than the expira- Section 377 of the Public Health Service become effective on the date of enactment of tion of the 1-year period beginning on the Act (42 U.S.C. 274f) is amended to read as fol- this Act. date of enactment of this Act, the Secretary lows: TITLE II—BONE MARROW DONOR of Health and Human Services shall issue a PROGRAM final rule to establish the regulations for cri- ‘‘SEC. 377. STUDY AND REPORT. teria under part H of title III of the Public ‘‘(a) EVALUATION BY THE INSTITUTE OF MED- SEC. 201. SHORT TITLE. Health Service Act (42 U.S.C. 273 et seq.). ICINE.— This title may be cited as the ‘‘Bone Mar- ‘‘(1) IN GENERAL.—The Secretary shall (2) CONSIDERATION OF CERTAIN BYLAWS AND row Transplantation Program Reauthoriza- enter into a contract with a public or non- POLICIES.—In developing regulations under tion Act of 1996’’. paragraph (1), the Secretary shall consider profit private entity to conduct a study and SEC. 202. REAUTHORIZATION. the bylaws and policies of the Network. evaluation of— (a) ESTABLISHMENT OF DONOR REGISTRY.— ‘‘(A) the role of and the impact of the Fed- (3) FAILURE TO ISSUE REGULATIONS BY DATE Section 379(a) of the Public Health Service eral Government in the oversight and sup- CERTAIN.—If the Secretary fails to issue a Act (42 U.S.C. 274k(a)) is amended— final rule under paragraph (1) prior to the ex- port of solid-organ transplantation, the Net- (1) by striking ‘‘ ‘Registry’’’ and inserting piration of the period referred to in such work (which on the date of enactment of this ‘‘ ‘Donor Registry’’’; paragraph, the Secretary shall, not later section carries out its functions by govern- (2) by inserting after the end parenthesis than 30 days after the expiration of such pe- ment contract) and the solid organ trans- the following: ‘‘the primary purpose of which riod, prepare and submit to the appropriate plantation scientific registry; and shall be increasing unrelated donor marrow committees of Congress a report describing ‘‘(B) the access of all interested constitu- transplants,’’; and the reasons why the Secretary is not in com- encies and organizations to membership on (3) by adding at the end thereof the fol- pliance with paragraph (1) and the plans that the Network board of directors and all Net- lowing: ‘‘With respect to the board of direc- will be implemented to provide for the work committees; tors— issuance of the final rule under such para- ‘‘(2) INSTITUTE OF MEDICINE.—The Secretary ‘‘(1) each member of the board shall serve graph. shall request the Institute of Medicine of the for a term of 2 years, and each such member National Academy of Sciences to enter into SEC. 104. TERMS AND CONDITIONS OF CON- may serve as many as three consecutive 2- TRACTS. the contract under paragraph (1) to conduct year terms; Section 374 of the Public Health Service the study and evaluation described in such ‘‘(2) a member of the board may continue Act (42 U.S.C. 274b) is amended— paragraph. If the Institute declines to con- to serve after the expiration of the term of (1) in subsection (b)(2), by striking ‘‘two duct the study and evaluation under such such member until a successor is appointed; years’’ and inserting ‘‘(three years)’’; paragraph, the Secretary shall carry out ‘‘(3) to ensure the continuity of the board, (2) in subsection (c)— such activities through another public or not more than one-third of the board shall be (A) by redesignating paragraph (1) and (2) nonprofit private entity. composed of members newly appointed each as paragraphs (2) and (3), respectively; and (b) REPORT.—Not later than 2 years after year; (B) by inserting before paragraph (2) (as so the date of enactment of this section, the In- ‘‘(4) all appointed and elected positions redesignated) the following new paragraph: stitute of Medicine (or other entity as the within committees established by the board ‘‘(1) The Secretary shall annually withhold case may be) shall complete the study re- shall be for 2-year periods; not to exceed $250,000 or 10 percent of the quired under subsection (a)(1) and prepare ‘‘(5) the terms of approximately one-third amount of the data management fees col- and submit to the Committee on Labor and of the members of each such committee will lected under section 372 (whichever is great- Human Resources of the Senate, a report de- be subject each year to reappointment or re- er) to be used to fund contracts as described scribing the findings made as a result of the placement; in section 371.’’; study.’’. ‘‘(6) no individual shall serve more than (3) by redesignating subsection (d) as sub- SEC. 107. GENERAL PROVISIONS. three consecutive 2-year terms on any such section (e); and (a) CONTRACTS.—Section 374 of the Public committee; and (4) by adding at the end thereof the fol- Health Service Act (42 U.S.C. 274b) is amend- ‘‘(7) the board and committees shall be lowing new subsection: ed— composed of a reasonable balance of rep- ‘‘(d) No contract in excess of $25,000 may be (1) in the section heading, by striking resentatives of donor centers, transplant made under this part using funds withheld ‘‘GRANTS AND’’; centers, blood banks, marrow transplant re- under subsection (c)(1) unless an application (2) in subsection (a), by striking ‘‘grant cipients, individuals who are family mem- for such contract has been submitted to the may be made under this part or contract’’ bers of an individual who has required, re- Secretary, recommended by the Network and and inserting ‘‘contract may be’’; ceived, or is registered with the Donor Reg- approved by the Secretary. Such an applica- (3) in subsection (b)— istry to become a recipient of a transplant tion shall be in such form and be submitted (A) in paragraph (1)— from a biologically unrelated marrow donor, in such a manner as the Secretary shall pre- (i) by striking ‘‘grant’’ and inserting ‘‘con- with nonvoting representatives from the scribe.’’. tract’’; and Naval Medical Research and Development SEC. 105. ADMINISTRATION. (ii) by striking ‘‘and may not exceed Command and the Division of Organ Trans- Section 375 of the Public Health Service $100,000’’; plantation of the Bureau of Health Resources Act (42 U.S.C. 274c) is amended— (B) by striking paragraph (2); Development (of the Health Resources and (1) in section 375 (42 U.S.C. 274c), by insert- (C) by redesignating paragraph (3) as para- Services Administration).’’. ing before the dash the following: ‘‘oversee graph (2); and (b) PROGRAM FOR UNRELATED MARROW the Network, the Scientific Registry and (D) in paragraph (2) (as so redesignated)— TRANSPLANTS.—Section 379(b) of such Act (42 to’’; (i) by striking ‘‘Grants or contracts’’ and U.S.C. 274k(b)) is amended— (2) in paragraph (3)— inserting ‘‘Contracts’’; and (1) in paragraph (4) to read as follows: (A) by striking ‘‘in the health care sys- (ii) by striking ‘‘371(a)(3)’’ and inserting ‘‘(4) provide information to physicians, tem’’; and ‘‘371(a)(2)’’; other health care professionals, and the pub- (B) by striking ‘‘and’’ at the end thereof; (4) in subsection (c)— lic regarding the availability of unrelated (3) in paragraph (4), by striking the period (A) by striking ‘‘grant or’’ each place that marrow transplantation as a potential treat- and inserting ‘‘; and’’; and such appears; and ment option;’’; (4) by adding at the end thereof the fol- (B) in paragraph (1), by striking ‘‘grants (2) in paragraph (5) to read as follows: lowing new paragraph: and’’; and ‘‘(5) establish a program for the recruit- ‘‘(5) through contract, prepare a triennial (5) in subsection (d)(2), by striking ‘‘and for ment of new bone marrow donors that in- organ procurement organization specific purposes of section 373, such term includes cludes— data report (the initial report to be com- bone marrow’’. ‘‘(A) the priority to increase potential pleted not later than 18 months after the (b) REPEAL.—Sections 376 and 378 of the marrow donors for which there is a greater date of enactment of this paragraph) that in- Public Health Service Act (42 U.S.C. 274d and degree of marrow donor shortage than that cludes— 274g) are repealed. of the general population; and

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10087 ‘‘(B) the compilation and distribution of vation (including when the search process is scribing the findings made as a result of the informational materials to educate and up- interrupted or discontinued); study. date potential donors;’’; ‘‘(ii) informing individuals and physicians ‘‘(b) BONE MARROW CONSOLIDATION.— (3) by redesignating paragraphs (6) and (7) on regular intervals of progress made in ‘‘(1) IN GENERAL.—The Secretary shall con- as paragraphs (8) and (9), respectively; and searching for appropriate donors; and duct— (4) by inserting after paragraph (5), the fol- ‘‘(iii) identifying and resolving individual ‘‘(A) an evaluation of the feasibility of in- lowing new paragraphs: search problems or concerns; tegrating or consolidating all federally fund- ‘‘(6) annually update the Donor Registry to ‘‘(D) collect and analyze data concerning ed bone marrow transplantation scientific account for changes in potential donor sta- the number and percentage of individuals registries, regardless of the type of marrow tus; proceeding from preliminary to formal reconstitution utilized; and ‘‘(7) not later than 1 year after the date on search, formal search to transplantation, the ‘‘(B) an evaluation of all federally funded which the ‘Bone Marrow Program Inspec- number and percentage of patients unable to bone marrow transplantation research to be tion’ (hereafter referred to in this part as the complete the search process, and the com- conducted under the direction and adminis- ‘Inspection’) that is being conducted by the parative costs incurred by patients prior to tration of the peer review system of the Na- Office of the Inspector General on the date of transplant; tional Institutes of Health. enactment of this paragraph is completed, in ‘‘(E) survey patients to evaluate how well ‘‘(2) REPORT.—Not later than 1 year after consultation with the Secretary, and based such patients are being served and make rec- the date of enactment of this section, the on the findings and recommendations of the ommendations for expediting the search Secretary shall prepare and submit to the Inspection, the marrow donor program shall process; and Committee on Labor and Human Resources develop, evaluate, and implement a plan to ‘‘(F) provide individual case management of the Senate a report concerning the evalua- streamline and make more efficient the rela- services to individual marrow donors. tions conducted under paragraph (1). tionship between the Donor Registry and ‘‘(3) EVALUATION.— ‘‘(3) DEFINITION.—As used in paragraph (1), donor centers;’’. ‘‘(A) IN GENERAL.—The Secretary shall the term ‘marrow reconstitution’ shall en- (c) INFORMATION AND EDUCATION PRO- evaluate the system established under para- compass all sources of hematopoietic cells GRAM.—Section 379 of such Act (42 U.S.C. graph (1) and make recommendations con- including marrow (autologous, related or un- 274k) is amended by striking subsection (j), cerning the success or failure of such system related allogeneic, syngeneic), autologous and inserting the following new subsection: in improving patient satisfaction, and any marrow, allogeneic marrow (biologically re- impact the system has had on assisting indi- ‘‘(j) INFORMATION AND EDUCATION PRO- lated or unrelated), umbilical cord blood viduals in proceeding to transplant. GRAM.— cells, peripheral blood progenitor cells, or ‘‘(B) REPORT.—Not later than April 1, 1996, ‘‘(1) IN GENERAL.—The Secretary may enter other approaches that may be utilized.’’. the Secretary shall prepare and make avail- into contracts with, public or nonprofit pri- (f) BONE MARROW TRANSPLANTATION SCI- able a report concerning the evaluation con- vate entities for the purpose of increasing ENTIFIC REGISTRY.—Part I of title III of such ducted under subparagraph (A), including the unrelated allogeneic marrow transplants, by Act (42 U.S.C. 274k et seq.) is amended by recommendations developed under such sub- enabling such entities to— adding at the end thereof the following new paragraph.’’. ‘‘(A) plan and conduct programs to provide section: (2) DONOR REGISTRY FUNCTIONS.—Section ‘‘SEC. 379B. BONE MARROW SCIENTIFIC REG- information and education to the profes- 379(b)(2) of such Act (42 U.S.C. 274k(b)(2)) is sional health care community on the avail- ISTRY. amended by striking ‘‘establish’’ and all that ‘‘(a) ESTABLISHMENT.—The Secretary, act- ability of unrelated allogeneic marrow trans- follows through ‘‘directly assists’’ and in- ing through the Donor Registry, shall estab- plants as a potential treatment option; serting ‘‘integrate the activities of the pa- lish and maintain a bone marrow scientific ‘‘(B) plan and conduct programs to provide tient advocacy and case management office registry of all recipients of biologic unre- information and education to the public on established under subsection (k) with the re- lated allogeneic marrow donors. the availability of unrelated donor marrow maining Donor Registry functions by mak- ‘‘(b) INFORMATION.—The bone marrow transplants and the need for donations of ing available information on (A) the re- transplantation scientific registry estab- bone marrow; sources available through the Donor Reg- lished under subsection (a) shall include in- ‘‘(C) train individuals in requesting bone istry Program, (B) the comparative costs in- formation with respect to patients who have marrow donations; and curred by patients prior to transplant, and received biologic unrelated allogeneic mar- ‘‘(D) recruit, test and enroll marrow donors (C) the marrow donor registries that meet row transplant, transplant procedures, with the priority being groups for which the standards described in paragraphs (3) and pretransplant and transplant costs, and there is a greater degree of marrow donor (4) of subsection (c), to assist’’. other information the Secretary determines shortage than that of the general population. (e) STUDY AND REPORTS.—Section 379A of to be necessary to conduct an ongoing eval- ‘‘(2) PRIORITIES.—In awarding contracts such Act (42 U.S.C. 274l) is amended to read uation of the scientific and clinic status of under paragraph (1), the Secretary shall give as follows: unrelated allogeneic marrow transplan- priority to carrying out the purposes de- ‘‘SEC. 379A. STUDIES, EVALUATIONS AND RE- tation. scribed in such paragraph with respect to PORTS. ‘‘(c) REPORT.—The Donor Registry shall population groups with such shortages.’’. ‘‘(a) EVALUATION BY THE INSTITUTE OF MED- submit to the Secretary on an annual basis (d) PATIENT ADVOCACY AND CASE MANAGE- ICINE.— a report using data collected and maintained MENT.— ‘‘(1) IN GENERAL.—The Secretary shall by the bone marrow transplantation sci- (1) IN GENERAL.—Section 379 of such Act (42 enter into a contract with a public or non- entific registry established under subsection U.S.C. 274k), as amended by subsection (c), is profit private entity to conduct a study and (a) concerning patient outcomes with respect amended by adding at the end thereof the evaluation of— to each transplant center and the following new subsection: ‘‘(A) the role of a national bone marrow pretransplant comparative costs involved at ‘‘(k) PATIENT ADVOCACY AND CASE MANAGE- transplant program supported by the Federal such transplant centers.’’. MENT.— Government in facilitating the maximum (g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) ESTABLISHMENT.—The Donor Registry number of unrelated marrow donor trans- Part I of title III of such Act (42 U.S.C. 274k shall establish and maintain an office of pa- plants; and et seq.) as amended by subsection (f), is fur- tient advocacy and case management that ‘‘(B) other possible clinical or scientific ther amended by adding at the end thereof meets the requirements of this subsection. uses of the potential donor pool or accom- the following new section: ‘‘(2) FUNCTIONS.—The office established panying information maintained by the ‘‘SEC. 379C. AUTHORIZATION OF APPROPRIA- under paragraph (1) shall— Donor Registry or the unrelated marrow TIONS. ‘‘(A) be headed by a director who shall donor scientific registry. ‘‘There are authorized to be appropriated serve as an advocate on behalf of— ‘‘(2) INSTITUTE OF MEDICINE.—The Secretary to carry out section 379, $13,500,000 for fiscal ‘‘(i) individuals who are registered with the shall request the Institute of Medicine of the year 1997, $12,150,000 for fiscal year 1998, and Donor Registry to search for a biologically National Academy of Sciences to enter into such sums as may be necessary for fiscal unrelated bone marrow donor; the contract under paragraph (1) to conduct year 1999.’’. ‘‘(ii) the physicians involved; and the study and evaluation described in such f ‘‘(iii) individuals who are included in the paragraph. If the Institute declines to con- Donor Registry as potential marrow donors. duct the study and evaluation under such MAKING TECHNICAL CORRECTIONS ‘‘(B) establish and maintain a system for paragraph, the Secretary shall carry out IN THE FEDERAL OIL AND GAS patient advocacy that directly assists pa- such activities through another public or ROYALTY MANAGEMENT ACT OF tients, their families, and their physicians in nonprofit private entity. 1982 a search for an unrelated donor; ‘‘(3) REPORT.—Not later than 2 years after Mr. LOTT. Mr. President, I ask unan- ‘‘(C) provide individual case management the date of enactment of this section, the In- services as appropriate to directly assist in- stitute of Medicine (or other entity as the imous consent the Senate proceed to dividuals and physicians referred to in sub- case may be) shall complete the study re- the immediate consideration of H.R. paragraph (A), including— quired under paragraph (1) and prepare and 4018. ‘‘(i) individualized case assessment and submit to the Committee on Labor and The PRESIDING OFFICER. The tracking of preliminary search through acti- Human Resources of the Senate, a report de- clerk will report.

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10088 CONGRESSIONAL RECORD — SENATE September 9, 1996 The legislative clerk read as follows: day of this week there will be a joint and we should let our past successes be A bill (H.R. 4018) to make technical correc- meeting of Congress to hear the ad- our guide in the future. tions in the Federal Oil and Gas Royalty dress of Prime Minister Bruton of Ire- Thirty-five years ago, our national Management Act of 1982. land. Members are asked to be in the conscience was challenged like never The PRESIDING OFFICER. Is there Senate Chamber at 9:40 a.m., so we before as the civil rights movement objection to the immediate consider- may proceed to the House of Rep- blossomed. By passing the Civil Rights ation of the bill? resentatives. Act of 1964, we made unquestionable There being no objection, the Senate That is on Wednesday. That was just progress toward ensuring equality for proceeded to consider the bill. a reminder for the Members to make all citizens. Today, none among us Mr. LOTT. Mr. President, I ask unan- plans to be here for that special would deny that we did the right thing imous consent the bill be deemed read occasion. by outlawing discrimination based on a third time, passed, the motion to re- f race. We know we did the right thing consider be laid upon the table, and ORDER FOR ADJOURNMENT by guaranteeing the civil rights of any statements relating to the bill be women, racial minorities, and members placed at the appropriate place in the Mr. LOTT. Mr. President, if there is of every religion. The same must be RECORD. no further business to come before the done in this case. The PRESIDING OFFICER. Without Senate, I ask unanimous consent the So we can be justifiably proud of our objection, it is so ordered. Senate now stand in adjournment rich history of protecting civil rights, The bill (H.R. 4018) was deemed read under the previous order, following the and we should dedicate ourselves to for a third time and passed. remarks of Senator MURRAY. doing better. And make no mistake, we f The PRESIDING OFFICER. Without can do better. To my colleagues, I offer objection, it is so ordered. this caution: Do not be convinced by ORDERS FOR TUESDAY, The Senator from Washington is rec- those who argue that discrimination is SEPTEMBER 10, 1996 ognized. no longer a problem in the workplace. Mr. LOTT. Mr. President, now, the f Every day, citizens of this Nation closing information, at the end of THE EMPLOYMENT somewhere feel the sinister burn of job which I will note that Senator MURRAY NONDISCRIMINATION ACT discrimination, be they women, racial is here, and following her remarks the minorities, or gays and lesbians. And Senate will stand in adjournment. I Mrs. MURRAY. Mr. President, I rise unlike the rest of America, this latter wanted her to know we would close today as an original cosponsor of the group cannot today count on the pro- that way so she would not have con- Employment Nondiscrimination Act, tection of Federal law to ensure equal cerns that we would close without her to express my strong support for this important legislation. I do so in the be- opportunity in the workplace. having a opportunity to speak. I recently heard the story of a I ask unanimous consent when the lief that every single American de- woman named Nan Miguel who worked Senate completes its business today it serves fair treatment under the law, no for a hospital in my home State of stand in adjournment until 9:30 a.m. on matter their gender, race, religion, or Washington as an administrator in the Tuesday, September 10; further, imme- sexual orientation. As one of the few radiology department. She oversaw a diately following the prayer, the Jour- women ever to serve in the U.S. Sen- small staff and worked very hard at her nal of proceedings be deemed approved ate, I bring a different perspective to job. Three years ago, she hired a to date, the morning hour be deemed to this issue. As a mother and as the woman she believed was the most have expired, and the time for the two ninth woman ever elected to the Sen- qualified candidate for an x-ray techni- leaders be reserved for their use later ate and the first ever from my home cian’s position. She did this despite in the day, and the Senate immediately State of Washington, I understand very pressure from certain staff members turn to the consideration of H.R. 3396, clearly what it means to be part of a who believed that the woman she want- the Defense of Marriage Act, as under a group who seeks fairness and equal op- ed to hire was a lesbian. The new em- previous order. portunity. The PRESIDING OFFICER. Without Not so long ago, many thought it im- ployee went on to work hard and did an objection, it is so ordered. possible for women to serve in the Sen- excellent job, just as Nan expected she would. f ate, much less elected office of any other kind. Today, I am confident none Unfortunately, it did not end there. SCHEDULE of my colleagues would deny the con- One coworker in particular was op- Mr. LOTT. Tomorrow morning the tributions women have made here, in posed to working with a woman be- Senate will be debating the Defense of the House, in the State and local gov- cause of the rumors about her sexual Marriage Act for 3 hours, until the ernments, and at every level of public orientation. Nan sought help from sen- hour of 12:30. service. ior management in resolving this issue, I now ask unanimous consent the Mr. President, I am proud, not only but to her shock, they told her that the Senate recess between the hours of that I was elected to one of the highest coworker must simply be responding to 12:30 to 2:15 for the weekly policy con- offices in the land, but also because I the discord created by the technician. ferences. know now that my daughter will have Her employee’s job performance was The PRESIDING OFFICER. Without the same opportunity. strong and, therefore, she felt it wrong objection, it is so ordered. The point is this: She will have to fire her. Instead, she continued to Mr. LOTT. When the Senate recon- choices and she will have the oppor- try and find a solution. In the end, the venes at 2:15, there will be two consecu- tunity, because these are the values of hospital told Nan that it would be easi- tive rollcall votes, the first on the the American people. er for them to remove her than to re- adoption of the Defense authorization I do not believe elected leaders serve move her coworker. Nan was placed on conference report to be followed by a our country well if they deny any of administrative leave and subsequently vote on the passage of H.R. 3396, the our citizens these choices. A person’s fired. A short time later, the techni- Defense of Marriage Act. There will success or failure must depend on their cian was fired as well. Only the worker then be 30 minutes of debate, and a qualifications, skills, effort, and some- who displayed intolerance on the job vote on S. 2056, the employment dis- times even luck. Most important, their stayed on the job. crimination bill. This 30 minutes, of fate should rest on having the oppor- If the same situation had occurred course, will be equally divided. tunity to test these things. No one, not because the technician was Hispanic, Following those votes on Tuesday, one person, should be denied oppor- because she was a woman, or because the Senate will turn to the consider- tunity because of their race, their reli- she belonged to the Mormon Church, ation of the Treasury/Postal Service gion, their gender, or their sexual ori- the same outcome could not have hap- appropriations bill. Therefore, addi- entation. pened. We would not even be talking tional votes can be expected during I know that historic debates such as about it, because today no one would tomorrow’s session. Also, as a reminder this one have been very hard, but I say question the competence of an em- to all Senators, at 10 a.m. on Wednes- to my colleagues, change is never easy ployee based on those characteristics,

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10089 and if someone did, that employee Did the Framers of our Constitution EXECUTIVE OFFICE OF THE PRESIDENT would have recourse under the law. think about caseloads in our courts ALAN H. FLANIGAN, OF VIRGINIA, TO BE DEPUTY DI- Mr. President, a moment ago I men- when they guaranteed our freedom to RECTOR FOR SUPPLY REDUCTION, OFFICE OF NATIONAL DRUG CONTROL POLICY, JOHN P. WALTER, RESIGNED. tioned my daughter and the opportuni- worship? FOREIGN SERVICE ties that she will have. I am also very My answer to these questions is a THE FOLLOWING-NAMED PERSONS OF THE AGENCIES concerned about the experiences of strong, clear no, and I am surprised at INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- young people who may be denied those the arguments against this legislation. FICERS OF THE CLASSES STATED, AND ALSO FOR THE same opportunities. I am worried about OTHER APPOINTMENTS INDICATED HEREWITH: They sound hauntingly familiar to the FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF those who must find jobs in cases ones we have heard in the past against CLASS ONE, CONSULAR OFFICERS AND SECRETARIES IN where their parents have forced them THE DIPLOMATIC SERVICE OF THE UNITED STATES OF allowing women, religious members, AMERICA: out of the House and they are on their and racial groups equal protections AGENCY FOR INTERNATIONAL DEVELOPMENT own. At a very early age, they must under the law. PAUL ALBERT BISEK, OF VIRGINIA support themselves just to get through We have heard a lot from both polit- high school, let alone college. Young FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF ical parties in the past few weeks about CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN people are very vulnerable to discrimi- the big tent philosophy and the impor- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF nation and cannot hold jobs, and they tance of inclusion, equal treatment AMERICA: will have an extremely hard time. under the law, and equal opportunity AGENCY FOR INTERNATIONAL DEVELOPMENT I have heard real stories of gay and in the workplace. The ENDA bill gives SUSUMO KEN YAMASHITA, OF MARYLAND lesbian young adults in my State who Senators of both parties a chance to FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF ended up moving away from home, re- CLASS THREE, CONSULAR OFFICERS AND SECRETARIES act on that rhetoric. IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF lying on public assistance or even con- Mr. President, this is not a conserv- AMERICA: sidering suicide if they did not get ative or a liberal issue. It is not about AGENCY FOR INTERNATIONAL DEVELOPMENT help. They become very cynical about one group’s protection at another’s ex- SUSAN KUCINSKI BREMS, OF THE DISTRICT OF the world they live in, and they start pense. It is about common sense, com- COLUMIBA to think that the regular rules do not CHRISTINE M. BYRNE, OF VIRGINIA mon decency, and about our funda- JAMES ERIC SCHAEFFER, OF FLORIDA apply to them. When this happens, we mental values as Americans. DEPARTMENT OF COMMERCE lose very productive members of our Consider an editorial written 2 years society. We may pay more for public KARLA B. KING, OF FLORIDA ago by former Arizona Senator Barry TERRY J. SORGI, OF WISCONSIN assistance, and we deny young people Goldwater. He wrote that we must FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF the chance to pursue the same goals allow gay and lesbian citizens the same CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN every one of us has—education, a good THE DIPLOMATIC SERVICE OF THE UNITED STATES OF protections we have extended to other AMERICA: job and a place in the community. As I said before, current law says people to ensure their civil rights. He U.S INFORMATION AGENCY people cannot be treated differently in points out that ‘‘anybody who cares TANIA BOHACHEVSKY CHOMIAK, OF FLORIDA about real moral values understands LINDA JOY HARTLEY, OF CALIFORNIA the workplace based on race, origin, SHARON HUDSON-DEAN, OF PENNSYLVANIA gender or religion. The bill before us that this is not about granting special CONSTANCE COLDING JONES, OF INDIANA today would simply add sexual orienta- rights—it is about protecting basic STEVEN LOUIS PIKE, OF NEW YORK rights.’’ Like many of my colleagues DAVID MICHAEL REINERT, OF NEW MEXICO tion to that list. It is written even DEPARTMENT OF STATE more narrowly than current law be- on both sides of this aisle, I strongly SARAH J. METZGER, OF VIRGINIA cause it does not allow positive ac- agree with him. When Nan Miguel tells her story, she FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF tions, such as quotas or other pref- CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN erential treatment. All it says is a per- says that by treating the woman she THE DIPLOMATIC SERVICE OF THE UNITED STATES OF son cannot be treated differently in hired with dignity and respect, she was AMERICA EFFECTIVE JUNE 28, 1996: any decision related to employment following the Christian beliefs that she DEPARTMENT OF STATE based on their sexuality—whether they was brought up with. And I know that MARC C. JOHNSON, OF THE DISTRICT OF COLUMBIA are heterosexual or homosexual. in my family, my mother and father THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN taught us to respect other people and SERVICE OF THE DEPARTMENT OF COMMERCE AND THE Under this bill, a person could not be DEPARTMENT OF STATE TO BE CONSULAR OFFICERS hired solely because they are homo- to treat them the way we wanted to be AND/OR SECRETARIES IN THE DIPLOMATIC SERVICE OF treated. THE UNITED STATES OF AMERICA, AS INDICATED: sexual, nor could they be denied a job CONSULAR OFFICERS AND SECRETARIES IN THE DIP- if they are heterosexual. I urge my colleagues to take the high LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: A person cannot get a raise simply ground on this issue. Think of what ROBERT L. ADAMS, OF VIRGINIA because they are married to a member history will say when the 104th Con- VEOMAYOURY BACCAM, OF IOWA DOUGLASS R. BENNING, OF THE DISTRICT OF COLUMBIA of the opposite sex, nor can they be de- gress made the decision which once STEVEN A. BOWERS, OF VIRGINIA nied a promotion because they again protected our civil rights. This is MICHAEL A. BRENNAN, OF CONNECTICUT KERRY L. BROUGHAM, OF CALIFORNIA marched in a gay pride parade. In not about one group of people, it is ANDREA BROUILLETTE-RODRIGUEZ, OF MINNESOTA short, it simply takes the issue of sex- about all people and our belief in one PAAL CAMMERMEYER, OF MARYLAND PRISCILLA CARROLL CASKEY, OF MARYLAND ual orientation out of personnel deci- another. If we do not pass the ENDA JULIANNE MARIE CHESKY, OF VIRGINIA sions altogether. bill, our sisters and brothers, sons and CARMELA A. CONROY, OF WASHINGTON JULIE CHUNG, OF CALIFORNIA Mr. President, these are reasonable daughters will remain vulnerable to EDWARD R. DEGGES, JR., OF VIRGINIA expectations and, in fact, they have al- discrimination in the workplace. We THOMAS L. ELMORE, OF FLORIDA ready been adopted by nine States, WAYNE J. FAHNESTOCK, OF MARYLAND can do better than that. Thank you, DENIS BARRETT FINOTTI, OF MARYLAND many local governments across the Mr. President. KENNETH FRASER, OF MARYLAND country and Fortune 500 companies GARY R. GUIFFRIDA, OF MARYLAND f PATRICIA M. GONZALEZ, OF TEXAS that recognize that it makes good busi- DAVID J. GREENE, OF NEW YORK ness sense to value each and every one RAYMOND FRANKLIN GREENE III, OF MARYLAND ADJOURNMENT UNTIL 9:30 A.M. RONALD ALLEN GREGORY, OF TENNESSEE of their employees equally. It is time TOMORROW DEBORAH GUIDO-O’GRADY, OF VIRGINIA that our laws reflect these values as AUDREY LOUISE HAGEDORM, OF VIRGINIA The PRESIDING OFFICER. Under PATTI HAGOPIAN, OF CALIFORNIA well. the previous order, the Senate now CHARLES P. HARRINGTON, OF VIRGINIA To my colleagues who believe this RONALD S. HIETT, OF VIRGINIA bill would bring up increased litiga- stands in adjournment until tomorrow RUTH-ERCILE HODGES, OF NEW YORK at 9:30 a.m. KRISTINA M. HOTCHKISS, OF VIRGINIA tion, I ask these questions: ANDREAS O. JAWORSKI, OF VIRGINIA Should we then have denied women Thereupon, the Senate, at 7:05 p.m., RALPH M. JONASSEN, OF NEW YORK adjourned until Tuesday, September 10, MARNI KALAPA, OF TEXAS equal rights because it would have in- JANE J. KANG, OF CALIFORNIA 1996, at 9:30 a.m. SARAH E. KEMP, OF NEW YORK creased the number of cases in our FREDERICK J. KOWALESKI, OF VIRGINIA courts? f STEVEN W. KRAPCHO, OF VIRGINIA Should we have allowed segregation GREGORY R. LATTANZE, OF VIRGINIA NOMINATIONS CHARLES W. LEVESQUE, OF ILLINOIS to continue because it would take too JANICE O. MAC DONALD, OF VIRGINIA much time and money to hear Brown Executive nominations received by C. WAKEFIELD MARTIN, OF TEXAS BRIAN I. MC CLEARY, OF VIRGINIA versus Board of Education? the Senate September 9, 1996: ALAN D. MELTZER, OF NEW YORK

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10090 CONGRESSIONAL RECORD — SENATE September 9, 1996

DAVID J. MICO, OF INDIANA BERNARD W. BIES, OF SOUTH DAKOTA CHRISTOPHER E. BOLT, 000–00–0000 CHRISTOPHER S. MISCIAGNO, OF FLORIDA MELVIN L. HARRISON, OF VIRGINIA SCOTT A. BOOK, 000–00–0000 JOSEPH P. MULLIN, JR., OF VIRGINIA GEORGE N. REINHARDT, OF COLORADO ROBERT A. BORCHERT, 000–00–0000 BURKE O’CONNOR, OF CALIFORNIA BERNARDO SEGURA-GIRON, OF VIRGINIA PAUL E. BORKOWSKI, 000–00–0000 EDWARD J. ORTIZ, OF VIRGINIA MARK STEVENS, OF FLORIDA RICKY L. BOTT, 000–00–0000 MARIA ELENA PALLICK, OF INDIANA FREDERICK J. SUMMERS, OF CALIFORNIA JAMES E. BOUCHARD, 000–00–0000 DAVID D. POTTER, OF SOUTH DAKOTA BROOKS A. TAYLOR, OF NEW HAMPSHIRE KENNETH J. BOWEN II, 000–00–0000 ERIC N. RICHARDSON, OF MICHIGAN WILLIAM L. YOUNG, OF VIRGINIA JEFFREY W. BOWMAN, 000–00–0000 HEATHER C. ROACH, OF IOWA DAVID A. BOYD, 000–00–0000 TAYLOR VINSON RUGGLES, OF VIRGINIA IN THE ARMY ROBERT D. BOYER, 000–00–0000 THOMAS L. SCHMITZ, OF SOUTH DAKOTA DAVID C. BOYLE, 000–00–0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT JONATHAN L. A. SHRIER, OF FLORIDA DANIEL E. BOYLES, 000–00–0000 TO THE GRADE OF LIEUTENANT GENERAL IN THE U.S. JAMES E. SMELTZER III, OF MARYLAND JOHN A. BREAST, 000–00–0000 ARMY WHILE ASSIGNED TO A POSITION OF IMPORTANCE CHRISTINE L. SMITH, OF VIRGINIA JAMES E. BREDEMEIER, 000–00–0000 AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES KEENAN JABBAR SMITH, OF PENNSYLVANIA PETER J. BRENNAN, 000–00–0000 CODE, SECTION 3036: BRIAN K. STEWART, OF VIRGINIA DONALD S. BROCE, 000–00–0000 CHRISTINE D. STUEBNER, OF NEW YORK To be surgeon general ARTHUR F. BROCK, 000–00–0000 STEPHANIE FAYE SYPTAK, OF TEXAS ROBERT K. BRODIN, 000–00–0000 ERMINIDO TELLES, OF VIRGINIA To be lieutenant general GARY R. BROOKS, 000–00–0000 MARK TESONE, OF VIRGINIA GARY D. BROSE, 000–00–0000 MAJ. GEN. RONALD R. BLANCK, 000–00–0000 MICHAEL ANTHONY VEASY, OF TENNESSEE DANIEL J. BROWN, 000–00–0000 GLENN STEWART WARREN, OF CALIFORNIA THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- JAMES L. BROWN, JR., 000–00–0000 MARK E. WILSON, OF TEXAS MENT TO THE GRADE OF LIEUTENANT GENERAL IN THE JEFFREY P. BROWN, 000–00–0000 ANTHONY L. WONG, OF VIRGINIA U.S. ARMY WHILE ASSIGNED TO A POSITION OF IMPOR- ROBERT D. BROWN, 000–00–0000 GREGORY M. WONG, OF MISSOURI TANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED WESLEY A. BROWN, 000–00–0000 KIM WOODWARD, OF VIRGINIA STATES CODE, SECTION 601(A): DAVID G. BROWNLEE, 000–00–0000 MARTHA-JEAN HUGHES WYNNYCZOK, OF VIRGINIA BRADLEY D. BRUNER, 000–00–0000 TERESA L. YOUNG, OF VIRGINIA To be lieutenant general BRIAN B. BRUUD, 000–00–0000 PAUL G. BUCK, 000–00–0000 SECRETARY IN THE DIPLOMATIC SERVICE OF THE LT. GEN. JAY M. GARNER, 000–00–0000 JOHN K. BURGER, 000–00–0000 UNITED STATES OF AMERICA: IN THE NAVY GREGORY J. BURGESS, 000–00–0000 JOHN WEEKS, OF VIRGINIA JOHN J. BURNHAM, 000–00–0000 THE FOLLOWING-NAMED OFFICER FOR PROMOTION IN MICHAEL J. BURRELL, 000–00–0000 THE FOLLOWING-NAMED CAREER MEMBERS OF THE THE NAVAL RESERVE OF THE UNITED STATES TO THE CARL F. BUSH, 000–00–0000 SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF GRADE INDICATED UNDER TITLE 10, UNITED STATES BARRY B. BUSS, 000–00–0000 STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- CODE, SECTION 5912: WILLIAM D. BYRNE, JR., 000–00–0000 ICE TO THE CLASSES INDICATED: JOEL L. CABANA 000–00–0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE CIVIL ENGINEER CORPS OFFICER ROBERT L. CALHOUN, JR., 000–00–0000 OF THE UNITED STATES OF AMERICA, CLASS OF CAREER To be rear admiral ANTHONY F. CLAIFANO, 000–00–0000 MINISTER: BRETT W. CALKINS, 000–00–0000 JOHN C. KORNBLUM, OF MICHIGAN REAR ADM. (1H) THOMAS JOSEPH GROSS, 000–00–0000 THOMAS P. CANN, JR., 000–00–0000 EDWARD S. WALKER, JR., OF MARYLAND LOUIS T. CANNON, JR., 000–00–0000 THE FOLLOWING-NAMED OFFICER FOR PROMOTION IN JEFFREY H. CARLSEN, 000–00–0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE THE NAVY OF THE UNITED STATES TO THE GRADE INDI- JEFFREY E. CARLSON, 000–00–0000 OF THE UNITED STATES OF AMERICA, CLASS OF MIN- CATED UNDER TITLE 10, UNITED STATES CODE, SECTION LUKE F. CARON, 000–00–0000 ISTER-COUNSELOR: 624: CHARLES M. CARROLL, 000–00–0000 MARSHALL P. ADAIR, OF FLORIDA MEDICAL CORPS DOUGLAS R. CARROLL, 000–00–0000 JEFFREY A. BADER, OF FLORIDA ANDRE L. CARTER, 000–00–0000 LAWRENCE REA BAER, OF CALIFORNIA To be rear admiral (Lower Half) RONALD M. CARVALHO, JR., 000–00–0000 CHARLES E. CASSON, JR., 000–00–0000 DONALD KEITH BANDLER, OF PENNSYLVANIA CAPT. BONNIE B. POTTER, 000–00–0000 JAMES W. BAYUK, OF ILLINOIS STEVEN B. CASTILLO, 000–00–0000 ELDON E. BELL, OF SOUTH DAKOTA THE FOLLOWING-NAMED OFFICER, ON THE ACTIVE NELSON C. CASTRO, 000–00–0000 JAMES D. BINDENAGEL, OF CALIFORNIA DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED DANIEL S. CAVE, 000–00–0000 BALPH L. BOYCE, JR., OF VIRGINIA IN THE U.S. NAVY IN ACCORDANCE WITH SECTION 624 OF MICHAEL A. CELEC, 000–00–0000 PRUDENCE BUSHNELL, OF VIRGINIA TITLE 10, UNITED STATES CODE. DARRYL D. CENTANNI, 000–00–0000 WENDY JEAN CHAMBERLIN, OF VIRGINIA DALE S. CHAPMAN, 000–00–0000 LYNWOOD M. DENT, JR., OF VIRGINIA UNRESTRICTED LINE OFFICER SHOSHANA S. CHATFIELD, 000–00–0000 ANTHONY P. CHATHAM, 000–00–0000 C. LAWRENCE GREENWOOD, JR., OF FLORIDA To be lieutenant commander JOHN RANDLE HAMILTON, OF VIRGINIA WAYNE M. CHAUNCEY, 000–00–0000 HOWARD FRANKLIN JETER, OF SOUTH CAROLINA RICHARD P. WATSON, 000–00–0000 CARL R. CHERRY, 000–00–0000 CHARLES KARTMAN, OF VIRGINIA CHARLES F. CHIAPPETTI, 000–00–0000 KATHRYN DEE ROBINSON, OF TENNESSEE THE FOLLOWING-NAMED OFFICERS, ON THE ACTIVE JAMES C. CHILDS, 000–00–0000 PETER F. ROMERO, OF FLORIDA DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED JONATHAN CHRISTIAN, 000–00–0000 WAYNE S. RYCHAK, OF MARYLAND IN THE U.S. NAVY IN ACCORDANCE WITH SECTION 624 OF MICHAEL R. CHRISTOPHERSON, 000–00–0000 EARL A. WAYNE, OF CALIFORNIA TITLE 10, UNITED STATES CODE. ALLAN T. CLAPP, 000–00–0000 R. SUSAN WOOD, OF FLORIDA SEAN P. CLARK, 000–00–0000 UNRESTRICTED LINE OFFICERS JOHN M. CLAUSEN, 000–00–0000 THE FOLLOWING-NAMED CAREER MEMBERS OF THE To be lieutenant commander HENRY D. COATES, 000–00–0000 FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR KEVIN M. COATS, 000–00–0000 FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- GLENN F. ABAD, 000–00–0000 DOUGLAS F. COCHRANE, 000–00–0000 SULAR OFFICERS AND SECRETARIES IN THE DIPLO- GREGORY W. ADAIR, 000–00–0000 TIMOTHY S. COCKREL, 000–00–0000 MATIC SERVICE AS INDICATED: SCOTT F. ADAMS, 000–00–0000 JOHN J. COFFEY, 000–00–0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE SCOTT F. ADLEY, 000–00–0000 JUDY C. COFFMAN, 000–00–0000 OF THE UNITED STATES OF AMERICA, CLASS OF COUN- EUGENE J. AGER, 000–00–0000 JEFFREY S. COLE, 000–00–0000 SELOR: BRYAN M. AHERN, 000–00–0000 ALTON H. COLEMAN III, 000–00–0000 MATTHEW P. AHERN, 000–00–0000 PAULA M. COLEMAN, 000–00–0000 WARRINGTON E. BROWN, OF NEW JERSEY JAMES D. ALGER II, 000–00–0000 THOMAS M. CONLON, 000–00–0000 LAWRENCE E. BUTLER, OF MAINE BRIAN M. ALLEN, 000–00–0000 GREGORY V. CONTAOI, 000–00–0000 JAMES PHILIP CALLAHAN, OF FLORIDA FRANK S. ALLEN, 000–00–0000 CARL R. CONTI II, 000–00–0000 JAMES J. CARRAGHER, OF CALIFORNIA KEITH W. ALLEN, 000–00–0000 KARL A. COOKE, 000–00–0000 JOHN R. DINGER, OF IOWA LOGAN A. ALLEN III, 000–00–0000 SCOTT P. COOLEDGE, 000–00–0000 BEN FLOYD FAIRFAX, OF VIRGINIA GREGG W. ALLRED, 000–00–0000 GREGORY G. COOPER, 000–00–0000 NICK HAHN, OF CALIFORNIA SCOTT D. ALWINE, 000–00–0000 PAUL L. CORLISS, 000–00–0000 WILLIAM THOMAS HARRIS, JR., OF FLORIDA TIMOTHY R. ANDERSON, 000–00–0000 RICHARD A. CORRELL, 000–00–0000 ANN KELLY KORKY, OF NEW JERSEY CLETE D. ANSELM, 000–00–0000 ROBERT E. COSGRIFF, 000–00–0000 RICHARD E. KRAMER, OF TENNESSEE RONALD J. ARNOLD, 000–00–0000 DEREK N. COUTANT, 000–00–0000 RICHARD BURDETTE LE BARON, OF VIRGINIA ALFREDO ARREDONDO, 000–00–0000 EDWARD J. COWAN, 000–00–0000 ANTOINETTE S. MARWITZ, OF VIRGINIA GEORGE T. ARTHUR, 000–00–0000 GEORGE L. COWAN, 000–00–0000 ROBERT JOHN MC ANNENY, OF CONNECTICUT MATTHEW B. ASHLEY, 000–00–0000 JOHN W. CRAIG, 000–00–0000 EDWARD MC KEON, OF THE DISTRICT OF COLUMBIA TIMOTHY H. ASLIN, 000–00–0000 MARTIN J. CRAMER, 000–00–0000 WILLIAM T. MONROE, OF CONNECTICUT PATRICK A. BACCANARI, 000–00–0000 TODD W. CRAMER, 000–00–0000 LAUREN MORIARTY, OF HAWAII CHARLES E. BAKER III, 000–00–0000 ANDRE W. CRAWFORD, 000–00–0000 MICHAEL C. MOZUR, OF VIRGINIA MATHEW E. BANNON, 000–00–0000 GREGORY H. CREWSE, 000–00–0000 STEPHEN D. MULL, OF PENNSYLVANIA STEPHEN P. BANUS, 000–00–0000 HANS K. CROEBER, 000–00–0000 MICHAEL ELEAZAR PARMLY, OF FLORIDA TODD D. BARCLAY, 000–00–0000 MICHAEL R. CROSKREY, 000–00–0000 JO ELLEN POWELL, OF THE DISTRICT OF COLUMBIA MICHAEL A. BARRETTA, 000–00–0000 ANTHONY B. H. CURRAN, 000–00–0000 DAVID E. RANDOLPH, OF ARIZONA KEVIN M. BARRY, 000–00–0000 ROBERT L. DAIN, 000–00–0000 VICTOR MANUEL ROCHA, OF CALIFORNIA ARNOLD BARTHEL III, 000–00–0000 MARC H. DALTON, 000–00–0000 ANTHONY FRANCIS ROCK, OF NEW HAMPSHIRE DAVID W. BARTON, 000–00–0000 MATTHEW W. DANEHY, 000–00–0000 LAWRENCE GEORGE ROSSIN, OF CALIFORNIA WILLIAM J. BATTERTON, 000–00–0000 EDWARD J. DANGELO, 000–00–0000 JOHN M. SALAZAR, OF NEW MEXICO ALAN D. BEAL, 000–00–0000 JEFFREY M. DANIELSON, 000–00–0000 SANDRA J. SALMON, OF FLORIDA ROSS C. BEATON, 000–00–0000 DAVID D. DARGAN, 000–00–0000 JANET A. SANDERSON, OF ARIZONA MARTIN A. BECK, 000–00–0000 GEORGE R. DAVIDSON, 000–00–0000 RONALD LEWIS SCHLICHER, OF TENNESSEE JEFFREY A. BELANGER, 000–00–0000 DAVID D. DAVISON, 000–00–0000 JOSEPH B. SCHREIBER, OF MICHIGAN CHRISTOPHER J. BENCAL, 000–00–0000 JAMES R. DEBOLD, 000–00–0000 RICHARD HENRY SMYTH, OF CALIFORNIA DAVID A. BENNETT, 000–00–0000 BRUCE A. DEFIBAUGH, 000–00–0000 WILLIAM A. STANTON, OF CALIFORNIA DAVID W. BENTLEY, 000–00–0000 MICHAEL W. DEGRAW, 000–00–0000 GREGORY MICHAEL SUCHAN, OF OHIO MICHAEL G. BERENS, 000–00–0000 MOISES DELTORO III, 000–00–0000 LAURIE TRACY, OF VIRGINIA MICHAEL A. BERNHARD, 000–00–0000 PETER C. DEMANE, 000–00–0000 FRANK CHARLES URBANCIC, JR., OF INDIANA KEVIN L. BERTELSEN, 000–00–0000 BRUCE A. DERENSKI, 000–00–0000 HARRY E. YOUNG, JR., OF MISSOURI MICHAEL D. BIDDLE, 000–00–0000 ALBERT J. DESMARAIS, 000–00–0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, ERIC A. BILLIES, 000–00–0000 RICHARD P. DEWALT, 000–00–0000 CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND ADAM C. BINFORD, 000–00–0000 JAMES H. DICK, 000–00–0000 SECRETARIES IN THE DIPLOMATIC SERVICE OF THE KENNETH R. BINGMAN, JR., 000–00–0000 JOSEPH P. DIPAOLA, JR., 000–00–0000 UNITED STATES OF AMERICA: KEVIN R. BISHOP, 000–00–0000 LAWRENCE R. DIRUSSO, 000–00–0000 DOUGLAS L. BLACKBURN, 000–00–0000 WILLIAM A. DOCHERTY, 000–00–0000 JOHN R. BAINBRIDGE, OF MARYLAND WILLIAM J. BLACKLIDGE, 000–00–0000 DONALD F. DOMBROWSKY, 000–00–0000

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JAMES S. DONNELLY, 000–00–0000 JOSEPH E. HINES, 000–00–0000 FORREST P. LUPO, 000–00–0000 THOMAS V. DOUGHERTY, 000–00–0000 FRANKLIN D. HIXENBAUGH, 000–00–0000 ROBERT E. LUTHY, 000–00–0000 ROBERT I. DOUGLASS, 000–00–0000 RICHARD J. HOFFMANN, 000–00–0000 CHARLES E. LUTTRELL, 000–00–0000 CRAIG A. DOXEY, 000–00–0000 JAMES B. HOKE, 000–00–0000 ROBERT A. LYON, JR., 000–00–0000 PETER M. DRISCOLL, 000–00–0000 WAYNE E. HOLCOMB, 000–00–0000 ALAN M. LYTLE, 000–00–0000 TIMOTHY J. DUENING, 000–00–0000 CHRISTOPHER L. HOLLADAY, 000–00–0000 PAUL S. MACKLEY, 000–00–0000 KEVIN L. DUGGAN, 000–00–0000 MICHAEL P. HOLLAND, 000–00–0000 JEFFREY R. MACRIS, 000–00–0000 LEWIS DUNHAM, 000–00–0000 ERIC C. HOLLOWAY, 000–00–0000 JAMES D. MACY, 000–00–0000 PATRICK A. DYER, 000–00–0000 ROBERT E. HOLMES, 000–00–0000 JOHN L. MAGEE, 000–00–0000 PETER A. EAGLE, 000–00–0000 MARC D. HOMAN, 000–00–0000 JOHN MALFITANO, 000–00–0000 GREGORY T. EATON, 000–00–0000 ARTHUR M. HONER, JR., 000–00–0000 DOUGLAS A. MALIN, 000–00–0000 ANTHONY J. EGGERT, JR., 000–00–0000 DANIEL C. HONKEY, 000–00–0000 MICHAEL L. MALONE, 000–00–0000 JOSEPH EGGERTPIONTEK, 000–00–0000 LUTHER H. HOOK III, 000–00–0000 DAVID G MANERO, 000–00–0000 GREG R. ELLISON, 000–00–0000 ROBERT S. HOPKINS, 000–00–0000 MARK S. MANFREDI, 000–00–0000 ROBERT A. ESPINOSA, 000–00–0000 SCOTT D. HORADAN, 000–00–0000 KEVIN MANNIX, 000–00–0000 STEPHEN C. EVANS, 000–00–0000, MICHAEL D. HORAN, 000–00–0000 CHARLES A. MARQUEZ, 000–00–0000 STEVEN Y. FAGGERT, 000–00–0000 JEFFREY C. HORNEFF, 000–00–0000 DAVID R. MARSHALL, 000–00–0000 DALE L. FEDDERSEN, 000–00–0000 HOSTETLER, DAVID L., 000–00–0000 RICHARD W. MARTIER, 000–00–0000 LARRY J. A. FELDER, 000–00–0000 JAMES J. HOUSINGER, 000–00–0000 ERNEST W. MARTIN, 000–00–0000 ANTHONY JOSEPH FERRARI, 000–00–0000 MARK O. HOWELL, 000–00–0000 JOSEPH A. MARTINELLI, 000–00–0000 LANCE E. FEWEL, 000–00–0000 WESLEY S. HUEY, 000–00–0000 JOHN K. MARTINS, 000–00–0000 JOHN H. FICKLE, JR., 000–00–0000 CHARLES E. HUFF, 000–00–0000 THOMAS A. MARZEC, 000–00–0000 SCOTT C. FISH, 000–00–0000 DAVID W. HUGHES, 000–00–0000 JAMES V. MATHESON, 000–00–0000 HUGH M. FLANAGAN, JR., 000–00–0000 FRANK E. HUGHLETT, 000–00–0000 PAUL G. MATHESON, 000–00–0000 KEVIN P. FLANAGAN, 000–00–0000 PAUL D. HUGILL, 000–00–0000 GEORGE S. MATTHESEN, 000–00–0000 DALE G. FLECK, 000–00–0000 BLAKE D. HUGUENIN, 000–00–0000 AUDWIN D. MATTHEWS, 000–00–0000 TIMOTHY P. FLEMING, 000–00–0000 DONALD L. HULTEN, 000–00–0000 LOUIS E. MAYER IV, 000–00–0000 DAVID P. FLUKER, 000–00–0000 BRIAN N. HUMM, 000–00–0000 JOHN J. MC AVOY, 000–00–0000 ANTHONY J. FONTANA, 000–00–0000 THEODORE W.L. HUSKEY, 000–00–0000 BRAIN C. MC CAWLEY, 000–00–0000 PAUL A. FORBES, 000–00–0000 GEOFFREY T. HUTTON, 000–00–0000 EDWARD M. MC CHESNEY, 000–00–0000 MICHAEL J. FORD, 000–00–0000 HESHAM H. ISLAM, 000–00–0000 ESTHER J. MC CLURE, 000–00–0000 THOMAS P. FORTIN, 000–00–0000 JAMES E. IVEY, 000–00–0000 WILLIAM A. MC CORMICK, 000–00–0000 JEFFREY M. FOX, 000–00–0000 TIMOTHY L. JACOBY, 000–00–0000 ERIC G. MC COY, 000–00–0000 KENNETH LAWRENCE FRACK, JR., 000–00–0000 PETER R. JANNOTTA, 000–00–0000 JOHN D. MC CRORIE II, 000–00–0000 KURT A. FRANKENBERGER, 000–00–0000 DAVID R. JAZDYK, 000–00–0000 THOMAS MC DOWELL, JR., 000–00–0000 JOHN C. FRASER, 000–00–0000 PAUL J. JENNINGS, 000–00–0000 JAMES H. MC GEE, JR., 000–00–0000 MARK M. FREDERICKSON, 000–00–0000 RUSSELL C. JENSEN, 000–00–0000 BRYANGERARD MC GRATH, 000–00–0000 DAVID G. FRY, 000–00–0000 JOSEPH G. JERAULD, 000–00–0000 JOHN A. MC GUIRE, 000–00–0000 HANS G. FUHS, 000–00–0000 MICHAEL C. JOHNS, 000–00–0000 GREGORY K. MC INTOSH, 000–00–0000 PAUL N. FUJIMURA, 000–00–0000 DARREN A. JOHNSON, 000–00–0000 PAUL P. MC KEON, 000–00–0000 SCOTT D. FUTRELL, 000–00–0000 DAVID P. JOHNSON, 000–00–0000 BRADLEY R. MC KINNEY, 000–00–0000 LEONARD B. GABION, 000–00–0000 MATTHEW L. JOHNSON, 000–00–0000 RUSSELL T. MC LACHLAN, 000–00–0000 ANDREW L. GAGNON, 000–00–0000 DAVID M. JOHNSTON, 000–00–0000 MARK A. MC LAUGHLIN, 000–00–0000 TODD W. GAUTIER, 000–00–0000 DAVID L. JONES, 000–00–0000 DEIDRE L. MC LAY, 000–00–0000 MARK M. GAUTREAUX, 000–00–0000 DEVON JONES, 000–00–0000 MICHAEL D. MC LEAN, 000–00–0000 TIMOTHY P. GAVIN, 000–00–0000 LOGAN S. JONES, 000–00–0000 MICHAEL J. MC MILLAN, 000–00–0000 TIMOTHY C. GEDNEY, 000–00–0000 PHILIP A. JORDAN, 000–00–0000 ROBERT G. MC NALLY, 000–00–0000 DONALD S. GEIDEL, 000–00–0000 DAVID A. JULIAN, 000–00–0000 JOHN E. MC SHERRY, 000–00–0000 DAVID A. GEISLER, 000–00–0000 CHRISTOPHER D. JUNGE, 000–00–0000 PHILIP W. MEADE, 000–00–0000 PHILIP A. GERARD, 000–00–0000 WERNER H. JURINKA, 000–00–0000 KEVIN G. MEENAGHAN, 000–00–0000 RONALD G. GEYER, 000–00–0000 PAUL E. KARLSSON, 000–00–0000 JOHN F. MEIER, 000–00–0000 WILLIAM N. GIGANTE, 000–00–0000 NEIL A. KARNES, 000–00–0000 FRANKLIN D. MELLOTT, 000–00–0000 CURTIS J. GILBERT, 000–00–0000 SHANNON E. KAWANE, 000–00–0000 JOHN A. MENKE III, 000–00–0000 WILLIAM GILLCRIST, 000–00–0000 HERBERT J. KEARSLEY, 000–00–0000 THOMAS A. MERCER, JR., 000–00–0000 STEPHEN M. GILLESPIE, 000–00–0000 JOHN C. KELLEHER, 000–00–0000 MARK H. MERRICK, 000–00–0000 GARY M. GILMARTIN, 000–00–0000 BRITT K. KELLEY, 000–00–0000 MICHAEL A. MEYERS, 000–00–0000 GREGORY S. GILMOUR, 000–00–0000 JOHN T. KELLEY III,, 000–00–0000 FRANK J. MICHAEL III, 000–00–0000 MATTHEW J. GLANDER, 000–00–0000 BRIAN P. KELLY, 000–00–0000 BRYAN D. MICKELSON, 000–00–0000 TIMOTHY X. GLASER, 000–00–0000 MARK E. KELLY, 000–00–0000 BARRY L. MILLER, 000–00–0000 JAMES A. GLASS, 000–00–0000 SCOTT J. KELLY, 000–00–0000 EDWARD G. MILLER, 000–00–0000 MIGUEL GONZALEZ, 000–00–0000 STEVEN S. KELLY, 000–00–0000 MARK S. MILLER, 000–00–0000 STANLEY J. GRABOWSKI, JR., 000–00–0000 VERNON P. KEMPER, 000–00–0000 DAVID B. MILLS, 000–00–0000 PATRICK O. GRADY, 000–00–0000 CHRISTOPHER J. KENNEDY, 000–00–0000 WILLIAM C. MINTER, 000–00–0000 RONALD W. GRAFT, 000–00–0000 PATRICK O. KENNEDY, 000–00–0000 ROSS P. MITCHELL, 000–00–0000 DAVID R. GRAMBO, 000–00–0000 KYLE R. KETCHUM, 000–00–0000 JOSEPH E. MOCK, 000–00–0000 BRIAN P. GRANT, 000–00–0000 ANDREW T. KEY, 000–00–0000 DAVID A. MONAHAN, 000–00–0000 MARYELLEN GREEN, 000–00–0000 BRYANT D. KINCAID, 000–00–0000 DAN W. MONETTE, 000–00–0000 MICHAEL S. GREENE, 000–00–0000 ROBERT L. KING, 000–00–0000 NICHOLAS MONGILLO, 000–00–0000 THOMAS J. GREENFIELD, 000–00–0000 TODD M. KINNEY, 000–00–0000 JOHN E. MONKELL, 000–00–0000 LOUIS J. GREGUS, 000–00–0000 DONALD S. KITCHEN, JR., 000–00–0000 JAMES H. MORRIS, 000–00–0000 CLAYTON A. GRINDLE, JR., 000–00–0000 DAVID A. KLAASSE, 000–00–0000 STEVEN A. MUCKLOW, 000–00–0000 RICHARD D. GROENENBOOM, 000–00–0000 DONALD C. KLEIN, 000–00–0000 CHARLES E. MUGGLEWORTH, 000–00–0000 JOHN F. GROTH, JR., 000–00–0000 DANIEL M. KLETTER, 000–00–0000 DANA S. MULLENHOUR, 000–00–0000 KENNETH R. GUESS, 000–00–0000 DANIEL J. KNAUS, 000–00–0000 CHARLES U. MULLER, 000–00–0000 HARVEY L. GUFFEY, JR., 000–00–0000 MELANIE A. KNIGHT, 000–00–0000 ROBERT S. MURPHY, 000–00–0000 STEPHEN GULAKOWSKI, 000–00–0000 KURT G. KNISELY, 000–00–0000 JOHN T. MYERS, 000–00–0000 ROBERT V. GUSENTINE, 000–00–0000 STEPHEN T. KOEHLER, 000–00–0000 ELMER E. NAGMA, 000–00–0000 JON A. HAGEMANN, 000–00–0000 KURT M. KOHANOWICH, 000–00–0000 STEVEN D. NAKAGAWA, 000–00–0000 CARL A. HAGER, 000–00–0000 THOMAS G. KOLLIE, JR., 000–00–0000 DOUGLAS M. NASHOLD, 000–00–0000 RANDY D. HALDEMAN, 000–00–0000 MARK J. KOZAR, 000–00–0000 JEFFREY W. NAVEN, 000–00–0000 SCOTT J. HALEY, 000–00–0000 STEVEN A. KREISER, 000–00–0000 MICHAEL A. NECKERMAN, 000–00–0000 GERARD W. HALL, 000–00–0000 JON C. KREITZ, 000–00–0000 DAVID S. NEELY, 000–00–0000 TODD B. HALL, 000–00–0000 STEVEN L. KRIEGER, 000–00–0000 BRADFORD S. NEFF, 000–00–0000 STEVEN E. HALPERN, 000–00–0000 RICHARD A. LABRANCHE, 000–00–0000 PETER R. NETTE, 000–00–0000 CHRISTOPHER H. HALTON, 000–00–0000 BRUCE O. LANKFORD, 000–00–0000 JOHN C. NICHOLSON, 000–00–0000 JAMES C. HAMBLET, 000–00–0000 KEVIN W. LAPOINTE, 000–00–0000 FREDRICK J. NIELSEN, 000–00–0000 JAMES K. HAMEL, 000–00–0000 ROBERT C. LAUBENGAYER, 000–00–0000 DEAN T. NILSEN, 000–00–0000 KRAIG A. HAMEL, 000–00–0000 JOHN C. LAWLESS, 000–00–0000 GREGORY B. NOE, 000–00–0000 DOUGLAS C. HAMILTON, 000–00–0000 MARK R. LAXEN, 000–00–0000 GEORGE P. NORMAN, 000–00–0000 PATRICK J. HAMILTON, 000–00–0000 EDWARD F. LAZARSKI, JR., 000–00–0000 SAMUEL R.M. NORTON, 000–00–0000 KURT D. HAMMAN, 000–00–0000 TODD W. LEAVITT, 000–00–0000 BRIAN D. NOYES, 000–00–0000 ERIC T. HANSON, 000–00–0000 EDWIN LEBRON, 000–00–0000 DONALD B. NUCKOLS, JR., 000–00–0000 JONATHAN L. HARNDEN, JR., 000–00–0000 ANDREW R. LEECH, 000–00–0000 ROBERT S. OCAMPO, 000–00–0000 MARK W. HARRIS, 000–00–0000 PATRICK A. LEFERE, 000–00–0000 NOREEN A. O’CONNELL, 000–00–0000 PETER M. HARRIS, 000–00–0000 ERNEST LEFLER, 000–00–0000 THOMAS C. O’CONNELL, 000–00–0000 MICHAEL P. HATHEWAY, 000–00–0000 MARTIN D. LEGG, 000–00–0000 MICHAEL E. O’CONNOR, 000–00–0000 THOMAS M. HATKE, 000–00–0000 FRANK A. LEHARDY III, 000–00–0000 BRIAN P. O’DONNELL, 000–00–0000 JEFFREY S. HAUPT, 000–00–0000 JAMES M. LEIST, 000–00–0000 KENNETH J. O’DONNELL, 000–00–0000 DOUGLAS E. HEADY, 000–00–0000 DAVID A. LEMEK, 000–00–0000 CRAIG R. OECHSEL, 000–00–0000 PAUL F. HEALY, 000–00–0000 JOSEPH J. LEONARD, 000–00–0000 CAMILO O. OKUINGHTTONS, 000–00–0000 JOHN P. HEATHERINGTON, 000–00–0000 KENT S. LEONARD, 000–00–0000 SHAWN P. OLIVER, 000–00–0000 LINDA L. HEID, 000–00–0000 SAMUEL W. LEWIS, 000–00–0000 KEVEN H. O’MARA, 000–00–0000 ERNEST C. HELME III, 000–00–0000 YANCY B. LINDSEY, 000–00–0000 THOMAS W. O’NEILL, 000–00–0000 GREGORY J. HENRIKSEN, 000–00–0000 GEORGE A. LIPSCOMB, 000–00–0000 DAVID J. OPATZ, 000–00–0000 KEVIN R. HENSLEY, 000–00–0000 TIMOTHY J. LITTLE, 000–00–0000 DAVID B. OSGOOD, 000–00–0000 JOHN E. HERBERT, 000–00–0000 STUART M. LITTLEJOHN, 000–00–0000 RICHARD N. OSTER, 000–00–0000 ALAN L. HERRMANN, 000–00–0000 PAUL J. LJUBA, 000–00–0000 SCOTT F. OUTLAW, 000–00–0000 PATRICK J. HEYE, 000–00–0000 JOHN E. LOBB, 000–00–0000 DAVID A. OWEN, 000–00–0000 DANIEL P. HIGGINS, 000–00–0000 SHAWN W. LOBREE, 000–00–0000 STEVEN M. OXHOLM, 000–00–0000 ERIC W. HIGGINS, 000–00–0000 ROBERT C. LOCKERBY, 000–00–0000 ROBERT E. PALISIN II, 000–00–0000 WAYNE HIGH, 000–00–0000 COBY D. LOESSBERG, 000–00–0000 CRAIG E. PALMER, 000–00–0000 ROGER J. HILARIDES, JR., 000–00–0000 JOHN A. LONG, 000–00–0000 DONDI J. PANGALANGAN, 000–00–0000 JAMES A. HILDEBRAND, 000–00–0000 STEVEN L. LORCHER, 000–00–0000 TIMOTHY J. PANOFF, 000–00–0000 NELSON P. HILDRETH, 000–00–0000 FELTON C. LOUVIERE, 000–00–0000 CHARLES R. PAPAS, 000–00–0000 KEVIN C. HILL, 000–00–0000 KEITH D. LOWHAM, 000–00–0000 GEORGE B. PARISI, 000–00–0000 MICHAEL J. HILL, 000–00–0000 MICHAEL D. LUMPKIN, 000–00–0000 GREGORY E. PARTNEY, 000–00–0000 PAUL D. HILL, 000–00–0000 THOMAS G. LUNNEY, 000–00–0000 JOSEPH R. PEARL, 000–00–0000

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10092 CONGRESSIONAL RECORD — SENATE September 9, 1996

THOMAS L. PECK, 000–00–0000 KARLTON G. TERRELL, 000–00–0000 CHRISTOPHER A. MILLER, 000–00–0000 WILLIAM S. PENDERGRASS, 000–00–0000 JOSE H. TESTALINDEMAN, 000–00–0000 KURTIS B. MILLER, 000–00–0000 CHRISTOPHER L. PENDLETON, 000–00–0000 JACK T. THEIS, 000–00–0000 DAVID F. MOORE, 000–00–0000 MICHAEL L. PEOPLES, 000–00–0000 RICHARD E. THOMAS, 000–00–0000 PETER J. NEWTON, 000–00–0000 SEAN M. PETERS, 000–00–0000 ROBERT W. THOMSON, 000–00–0000 GARY J. NOWICKI, 000–00–0000 JOHN C. PETERSCHMIDT, 000–00–0000 SEAN F. TIERNEY, 000–00–0000 EDWARD OLSEN, 000–00–0000 JOSEPH R. PETERSEN, 000–00–0000 PETER D. TOMASCAK, 000–00–0000 MANUEL V. ORDONEZ, 000–00–0000 MARK D. PETERSON, 000–00–0000 WILLIAM E. TOWER III, 000–00–0000 CHRISTOPHER G. OVERTON, 000–00–0000 NICHOLAS PETRILLO, 000–00–0000 NICHOLAS G. TREGLIA, 000–00–0000 PHILLIP K. PALL, 000–00–0000 JOHN A. PIDGEON, 000–00–0000 DANIEL P. TURNER, 000–00–0000 BARRY W. PAYNE, 000–00–0000 BRETT M. PIERSON, 000–00–0000 LUTHER S. TURNER, 000–00–0000 PER E. PROVENCHER, 000–00–0000 JAMES A. PINKEPANK, 000–00–0000 JEFFREY S. TYER, 000–00–0000 RONNIE D. PUETT, 000–00–0000 MARTIN L. PLUMLEIGH, 000–00–0000 CAROLYN L. TYLER, 000–00–0000 JEFFERY S. RIEDEL, 000–00–0000 STEVEN P. POLILLO, 000–00–0000 MICHAEL B. UPTON, 000–00–0000 JESS E. RIGGLE, 000–00–0000 RICKS W. POLK, 000–00–0000 GEOFFREY D. VANDERBLOOMER, 000–00–0000 DAVID E. SANDERS, 000–00–0000 TODD A. PORTER, 000–00–0000 KENT S. VANDERGRIFT, 000–00–0000 CHRISTOPHER D. SCOFIELD, --0000 MICHAEL B. PORTLAND, 000–00–0000 KENT R. VANHORN, 000–00–0000 LEWIS J. SCOTT, 000–00–0000 DAVID F. POSTOLL, 000–00–0000 IAN V. VATET, 000–00–0000 RICKY A. SERAIVA, 000–00–0000 CEDRIC E. PRINGLE, 000–00–0000 ROBERT J. VENTO, 000–00–0000 RAYMOND S. STARSMAN, 000–00–0000 MARCUS A. PRITCHARD, 000–00–0000 PAUL L. VILLAGOMEZ, 000–00–0000 JAMES E. STEIN, 000–00–0000 JOHN S. PRITCHETT, 000–00–0000 JOHN P. VINTON, 000–00–0000 GEORGE M. SUTTON, 000–00–0000 RANDALL E. RAMEL, 000–00–0000 JOSEPH P. VOBORIL, 000–00–0000 WILLIAM E. SWAYZE, 000–00–0000 PHILIP D. RAMIREZ, 000–00–0000 CHRISTOPHER M. WAALER, 000–00–0000 GARY W. SWEANY, 000–00–0000 RINDA K. RANCH, 000–00–0000 ALLEN D. WALKER, 000–00–0000 ERIC A. TAPP, 000–00–0000 WILLIAM E. RAUP, 000–00–0000 MICHAEL S. WALLACE, 000–00–0000 JAMES E. TATERA, 000–00–0000 EDUARDO REED, 000–00–0000 STEPHEN M. WALLACE, 000–00–0000 KWOK B. TSE, 000–00–0000 ALLEN R. REEVES, 000–00–0000 PATRICK M. WALSH, 000–00–0000 CURTIS E. VEJVODA, 000–00–0000 PAUL D. REINHART, 000–00–0000 JOHN T. WALTERS, II, 000–00–0000 PAUL M. VOTRUBA, 000–00–0000 DAVID A. RENBERG, 000–00–0000 DONALD J. WARD, 000–00–0000 DAVID L. WAGNON, 000–00–0000 PETER J. A. RIEHM, 000–00–0000 BRIAN K. WATERHOUSE, 000–00–0000 CHARLES H. WELLINGTON, JR., 000–00–0000 KENNETH C. RITTER, 000–00–0000 JOHN M. WATSON, 000–00–0000 ANTHONY P. ROBERTS, 000–00–0000 ARTHUR D. WAURIO, 000–00–0000 AEROSPACE ENGINEERING DUTY OFFICERS RICHARD A. ROBERTS, 000–00–0000 CHARLES R. WEBB, 000–00–0000 (ENGINEERING) STANLEY M. ROBERTSON, 000–00–0000 BLAKE T. WEBER, 000–00–0000 CHARLES W. ROCK, 000–00–0000 MATTHEW A. WEINGART, 000–00–0000 To be lieutenant commander JOHN A. ROHAN, 000–00–0000 DAVID F. WEIR, 000–00–0000 DEREK J. ROLLINSON, 000–00–0000 DAVID A. WELCH, 000–00–0000 MICHAEL J. CERNECK, 000–00–0000 DANIEL J. ROQUES, 000–00–0000 DAVID A. WELCH, 000–00–0000 WILLIAM D. MICHAEL, 000–00–0000 JON T. ROSS, 000–00–0000 GREGORY J. WENDEL, 000–00–0000 TIMOTHY J. MOREY, 000–00–0000 CHRISTOPHER J. ROUIN, 000–00–0000 PAUL A. WETZEL, 000–00–0000 AEROSPACE ENGINEERING DUTY OFFICERS MARK A. ROUP, 000–00–0000 JOHN D. WHEELER, 000–00–0000 MICHAEL D. ROWLAND, 000–00–0000 QUENTIN G. WHEELER, 000–00–0000 (MAINTENANCE) TIMOTHY P. RUDDEROW, 000–00–0000 JEFFERY A. WHITAKER, 000–00–0000 To be lieutenant commander DAVID H. RYAN, 000–00–0000 DENNIS B. WHITE, 000–00–0000 PATRICK J. RYAN, 000–00–0000 MICHAEL J. WHITE, JR., 000–00–0000 JON D. ALBRIGHT, 000–00–0000 DAVID L. RYMER, 000–00–0000 ARTHUR D. WHITTAKER, JR., 000–00–0000 STUART J. ALEXANDER, 000–00–0000 DANNY M. SAD, 000–00–0000 THOMAS Y. WILDER, 000–00–0000 DONALD J. BODIN, JR., 000–00–0000 DAVID J. SAMPSON, 000–00–0000 DAVID A. WILLIAMS, 000–00–0000 THOMAS M. CRAIN, 000–00–0000 ANTHONY J.A. SANNICOLAS, 000–00–0000 SUNITA L. WILLIAMS, 000–00–0000 ELLEN M. EVANOFF, 000–00–0000 THOMAS C. SASS, 000–00–0000 TED R. WILLIAMS, 000–00–0000 JAMES F. GILLIES, 000–00–0000 KEVIN B. SAYER, 000–00–0000 BARRY E. WILMORE, 000–00–0000 MARK S. GOODALE, 000–00–0000 DONALD L. SAYRE, 000–00–0000 TIMOTHY M. WILSON, 000–00–0000 GRAHAM R. GUILER, 000–00–0000 JEFFREY M. SCARRITT, 000–00–0000 KARL A. WINTERMEYER, 000–00–0000 PAUL E. HALL, 000–00–0000 STEPHEN J. SCHAFFER, 000–00–0000 WAYNE E. WISEMAN, 000–00–0000 BRIAN W. HICKS, 000–00–0000 JOHN A. SCHAPER, 000–00–0000 STEPHEN WISOTZKI, 000–00–0000 RONALD D. KAELBER, 000–00–0000 SHAWN M. SCHARF, 000–00–0000 MICHAEL E. WOJCIK, 000–00–0000 CHRISTOPHER J. KENNEDY, 000–00–0000 RAYMOND T. SCHENK, 000–00–0000 SCOTT G. WOLFE, 000–00–0000 COLE J. KUPEC, 000–00–0000 BRENDA M. SCHEUFELE, 000–00–0000 JEFFREY S. WOLSTENHOLME, 000–00–0000 CARLOS L. LOPEZ, 000–00–0000 EDWARD G. SCHIEFER, 000–00–0000 JONATHAN WOOD, 000–00–0000 FELIPE M. LOPEZ, 000–00–0000 DAVID L. SCHIFFMAN, 000–00–0000 JOSEPH H. WOODWARD, 000–00–0000 MATTHEW B. MULLINS, 000–00–0000 MARK E. SCHIMPF, 000–00–0000 RICHARD WORTMAN, 000–00–0000 TERRENCE B. OHAIRE, 000–00–0000 EDWARD R. SCHOFIELD, 000–00–0000 JOHN C.H. WOUGHTER, 000–00–0000 VARANDA K. PHILLIPS, 000–00–0000 RYAN B. SCHOLL, 000–00–0000 VIRGIL S. WRIGHT, 000–00–0000 ARTHUR P. PRUETT, 000–00–0000 MARK T. SCHREIBER, 000–00–0000 PAUL R. WYNN, 000–00–0000 SCOTT E. ROBILLARD, 000–00–0000 JOHNNY L. SCHULTZ, 000–00–0000 CRAIG W. YAGER, 000–00–0000 RICHARD J. RUTKOWSKI, 000–00–0000 RODERICK G. SCHWASS, 000–00–0000 MONTE L. YARGER, 000–00–0000 JOAN M. SCHMIDT, 000–00–0000 EDDIE L. SEATON, 000–00–0000 PERRY D. YAW, 000–00–0000 JOHN C. SMAJDEK, 000–00–0000 BRIAN W. SEBENALER, 000–00–0000 JOHN T. YOUNG, 000–00–0000 JODY C. SMITH, 000–00–0000 ARMANDO A. SEGARRA, 000–00–0000 MARK O. ZAVACK, 000–00–0000 GREGORY A. STANLEY, 000–00–0000 JOHN P. SEGERSON, 000–00–0000 JOHN S. ZAVADIL, 000–00–0000 JAMES I. VANDENAKKER, 000–00–0000 LORIN C. SELBY, 000–00–0000 LAWRENCE K. ZELVIN, 000–00–0000 DANIEL VANORDEN, 000–00–0000 BRUCE A. SHAW, 000–00–0000 MARK Z. ZIELINSKI, 000–00–0000 NEIL E. WILLIAMS, 000–00–0000 JOHN M. SHEPHERD, 000–00–0000 WILLIAM A. ZIRZOW IV, 000–00–0000 MICHAEL W. ZARKOWSKI, 000–00–0000 WILLIAM B. SHERER, 000–00–0000 WILLIAM M. SHUMER, 000–00–0000 ENGINEERING DUTY OFFICERS SPECIAL DUTY OFFICERS (CRYPTOLOGY) LANGHORNE C. SIAS, 000–00–0000 To be lieutenant commander To be lieutenant commander BENNETT J. SICLARE, 000–00–0000 KEVIN B. SIMPSON, 000–00–0000 MICHAEL D. ANDERSON, 000–00–0000 GEORGE D. BEAVERS, 000–00–0000 THOMAS W. SITSCH, 000–00–0000 JOHN T. ARMANTROUT, 000–00–0000 JOSEPH F. BRANAN, 000–00–0000 DAVID P. SLIWINSKI, 000–00–0000 GERALD B. BARNES, 000–00–0000 ARNOLD O. BROWN III, 000–00–0000 ANTHONY D. SMITH, 000–00–0000 DAVID T. BISHOP, JR., 000–00–0000 FRED W. CRUISE, 000–00–0000 DAVID G. SMITH, 000–00–0000 SCOTT D. BOHMAN, 000–00–0000 DONALD P. DARNELL, JR., 000–00–0000 EDWARD D. SMITH, 000–00–0000 MARK BRIDENSTINE, 000–00–0000 SCOTT F. DIPERT, 000–00–0000 GORDON B. SMITH, 000–00–0000 JEFFREY A. BURCHAM, 000–00–0000 PHILLIP B. FRANKLIN, 000–00–0000 MARLON L. SMITH, 000–00–0000 JULIE S. CHALFANT, 000–00–0000 DARYL R. HAEGLEY, 000–00–0000 MICHAEL A. SMITH, 000–00–0000 LUIS N. CHIONG, 000–00–0000 JAMES E. HAGY, 000–00–0000 MICHAEL D. SMITH, 000–00–0000 ALLEN L. CLARK, 000–00–0000 KATHRYN M.K. HELMS, 000–00–0000 SCOTT A. SMITH, 000–00–0000 AGNES M. COLEMAN, 000–00–0000 FRANK C. HOLLAND III, 000–00–0000 ADAM C. SMITHYMAN, 000–00–0000 MICHAEL V. COOPERWOOD, 000–00–0000 PETER M. HUTSON, 000–00–0000 ALAN W. SNYDER, 000–00–0000 RICHARD E. CUNNINGHAM, 000–00–0000 DOUGLAS A. JENIK, 000–00–0000 ROBERT C. SOARES, 000–00–0000 KEVIN T. DAVIS, 000–00–0000 ALAN F. KUKULIES, 000–00–0000 SCOTT C. SOMERS, 000–00–0000 ALEXANDER S. DESROCHES, 000–00–0000 JAMES K. LECHNER, 000–00–0000 JACINTO S. SORIANO, JR., 000–00–0000 JEFFREY R. DUNLAP, 000–00–0000 RODNEY E. MALLOY, 000–00–0000 PATRICK W. STANTON, 000–00–0000 STANLEY E. ENGLE, 000–00–0000 LAMIA ROLLINS, 000–00–0000 MICHAEL J. STEED, JR., 000–00–0000 ROBERT M. FRANCIS, 000–00–0000 ROBERT P. SHEREDA, 000–00–0000 DANIEL W. STEINLE, 000–00–0000 BRIAN B. GANNON, 000–00–0000 JOSEPH M. SNOWBERGER, 000–00–0000 MICHAEL D. STEINMANN, 000–00–0000 CHRISTOPHER N. GEDO, 000–00–0000 JAMES V. STEVENSON, 000–00–0000 CHRISTOPHER J. STEVANS, 000–00–0000 DAVID R. GEDRA, 000–00–0000 CHRISTOPHER TAYLOR, 000–00–0000 JOHN E.C. STEWART, 000–00–0000 KEVIN A. GRUNDY, 000–00–0000 DARREN L. TURNER, 000–00–0000 MICHAEL A. STEWART, 000–00–0000 CHARLES A. GUNZEL, 000–00–0000 DAVID B. WEIDING, 000–00–0000 JOSEPH B. STROUP, 000–00–0000 JON A. HILL, 000–00–0000 TIMOTHY J. WHITE, 000–00–0000 CURTIS D. STUBBS, 000–00–0000 GLENN D. HOFERT, 000–00–0000 DANIEL L. STUECKEMANN, 000–00–0000 BILLY E. HUDGINS, JR., 000–00–0000 SPECIAL DUTY OFFICERS (INTELLIGENCE) MARK A. STURGES, 000–00–0000 LLOYD H. JONES, 000–00–0000 To be lieutenant commander CHRISTOPHER A. SULLIVAN, 000–00–0000 ROBERT E. KAUFMAN, 000–00–0000 DONALD R. SULLIVAN, JR., 000–00–0000 TIMOTHY J. KELLY, 000–00–0000 JULIENNE E.C. ALMONTE, 000–00–0000 JOSEPH A. SULLIVAN, 000–00–0000 WILLIAM S. KNOLL, 000–00–0000 DAVID L. BEATTY, 000–00–0000 SCOTT C. SWEHLA, 000–00–0000 DAVID P. LASCURAIN, 000–00–0000 JOSUE M. BELLINGER, 000–00–0000 RANDALL C. SYKORA, 000–00–0000 CHAU G. LE, 000–00–0000 KIMBERLY A. BERRY, 000–00–0000 MICHAEL T. TALAGA, 000–00–0000 PETER C. LYLE, 000–00–0000 MARY Z. BOWEN, 000–00–0000 JAMES E. TAUBITZ, 000–00–0000 TIMOTHY P. MC CUE, 000–00–0000 WILLIAM R. BRAY, 000–00–0000 LYNN H. TAWNEY, 000–00–0000 ERIC S. MC DONALD, 000–00–0000 TODD A. BROWN, 000–00–0000 KEITH T. TAYLOR, 000–00–0000 DAVID M. MC GEE, 000–00–0000 ANDREW L. CALDERA, 000–00–0000 MICHAEL F. TEDESCO, 000–00–0000 STEVE J. MC PHILLIPS, 000–00–0000 RONALD C. COPLEY, 000–00–0000 TODD C. TEMPLETON, 000–00–0000 CRAIG F. MERRILL, 000–00–0000 ARTHUR S. DELEON, 000–00–0000 DOUGLAS TENHOOPEN, 000–00–0000 PAUL V. MERZ, 000–00–0000 PETER G. DUNPHY, 000–00–0000 RICHARD G. TERJESON, JR., 000–00–0000 CHRIS D. MEYER, 000–00–0000 JEANINE L.N. EHRET, 000–00–0000

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10093

JENNY S. EKKER, 000–00–0000 MARCUS M. SPECKHAHN, 000–00–0000 JESUS A. MATUDIO, 000–00–0000 DAVID R. GARVEY, 000–00–0000 MARC T. STEINER, 000–00–0000 MICHAEL G. MC ADAMS, 000–00–0000 JOHN D. HARBER, 000–00–0000 JEFFREY L. SWAYNE, 000–00–0000 BRIAN F. MC SHEFFREY, 000–00–0000 JASON C. HINES, 000–00–0000 ERIC J. TREHUBENKO, 000–00–0000 ADAM J. MELCH, 000–00–0000 RONALD K. JONES, 000–00–0000 ROBIN D. TYNER, 000–00–0000 RICKY E. MILLER, 000–00–0000 MARK W. KREIB, 000–00–0000 GREG A. ULSES, 000–00–0000 KENNETH R. MINOGUE, 000–00–0000 ANTHONY LAVECCHIA, JR., 000–00–0000 LIMITED DUTY OFFICER (LINE) DAVID L. MITCHELL, 000–00–0000 CARLOS J. LOFSTROM, 000–00–0000 MICHAEL K. MOORE, 000–00–0000 JEFFREY A. MARGRAF, 000–00–0000 To be lieutenant commander DAVID K. MUISE, 000–00–0000 JOHN L. MC GAHA, 000–00–0000 ROBERT D. NEWBRY, 000–00–0000 CHRISTOPHER J. PAGE, 000–00–0000 SCOT K. ABEL, 000–00–0000 PAUL D. OLSON, 000–00–0000 JOHN P. PATCH, 000–00–0000 VIRGIL E. AKERS, 000–00–0000 WILLIAM L. OUELLETTE, 000–00–0000 MICHAEL C. PERKINSON 000–00–0000 WARRNE D. ALLISON, 000–00–0000 DONALD E. OWENS, 000–00–0000 ALFREDO L. ALMEIDA, 000–00–0000 DAVID C. PORCARO 000–00–0000 DERRELL W. PARKER, 000–00–0000 BRIAN W. ANDERSON, 000–00–0000 DAVID A. QUACKENBOS 000–00–0000 STUART D. PASELK, 000–00–0000 CLEMIA ANDERSON, JR., 000–00–0000 DANIEL P. SALYAN 000–00–0000 TIMOTHY W.P. PATON, 000–00–0000 DANIEL R. ANDERSON, 000–00–0000 DION M. SARCHET 000–00–0000 DONALD R. PATTERSON, 000–00–0000 NORMAN C. ASH, 000–00–0000 JOHN C. SCHULTE 000–00–0000 DAVID W. PEACOTT, 000–00–0000 NATHAN W. ASHE, 000–00–0000 JON A. SKINNER 000–00–0000 ROBERTO PEREZ, 000–00–0000 DAVID W. ATKINS, 000–00–0000 TERRANCE A. SMITH 000–00–0000 ERNEST K. PETERSON, 000–00–0000 JOSEPH E. AUFRANZ, 000–00–0000 RICHARD M. STEVENSON 000–00–0000 JERRY L. PETERSON, 000–00–0000 CHARLES E. A. BAKER, 000–00–0000 MARK ALFRED STROH 000–00–0000 MICHAEL A. PETRILLO, 000–00–0000 KEVIN W. BALDWIN, 000–00–0000 MICHAEL V. TREAT 000–00–0000 THOMAS E. BARNES, JR., 000–00–0000 MICHAEL K. PRICE 000–00–0000 MICHAEL F. WEBB 000–00–0000 RICHARD L. BATES, 000–00–0000 GERALD C. ROXBURY, 000–00–0000 EMIL J. SALANSKY, JR., 000–00–0000 SPECIAL DUTY OFFICERS (PUBLIC AFFAIRS) JEFFREY M. BEATY, 000–00–0000 GORDON L. BELLEVUE, 000–00–0000 JEFFREY D. SALISBURY, 000–00–0000 To be lieutenant commander LAMAR H. BENTON, 000–00–0000 STEPHEN M. SALKA, 000–00–0000 RANDY L. BERGMAN, 000–00–0000 JOHN A. SAMPSON, 000–00–0000 DAVID J. ALBRITTON 000–00–0000 CYRILEE A. BILLINGS, 000–00–0000 GUILLERMO A. SAMUELS, 000–00–0000 JEFFREY A. BRESLAU 000–00–0000 ERIC N. BINDERIM, 000–00–0000 THOMAS SANFORD, 000–00–0000 BRENT D. CHENARD 000–00–0000 ROBERT L. BLANCHARD, 000–00–0000 KURT R. SCHAEDEL, 000–00–0000 RICHARD L. LAJOYE 000–00–0000 EDWARD J. BLASKO, 000–00–0000 STEPHEN C. SCHUELER, 000–00–0000 KELLY L. MERRELL 000–00–0000 RONALD L. BOISVERT, JR., 000–00–0000 LAWRENCE A. SCRUGGS, 000–00–0000 DONNA P. MURPHY 000–00–0000 MICHAEL A. BOSLET, 000–00–0000 STEVEN D. SHARER, 000–00–0000 HERMAN M. PHILLIPS 000–00–0000 FRANK W. BOYD, 000–00–0000 THOMAS R. SHEFFIELD, 000–00–0000 LYDIA R. ROBERTSON 000–00–0000 TIMOTHY S. BOYDSTUN, 000–00–0000 JOHN E. SHOCKLEY, 000–00–0000 KAREN D. SCHAFFER 000–00–0000 MICHAEL A. BRAY, 000–00–0000 EDWARD J. SIMMONS, 000–00–0000 JON A. SMITH 000–00–0000 EDWARD F. BREAULT, 000–00–0000 BRIAN SMITH, 000–00–0000 SPECIAL DUTY OFFICERS (FLEET SUPPORT) WAYNE M. BROVELLI, 000–00–0000 HAROLD W. SMITH, 000–00–0000 THEODORE R. I. BROWNELL, 000–00–0000 HENRY G. SNOWDEN, JR., 000–00–0000 To be lieutenant commander JAMES A. BROWNING, JR., 000–00–0000 LARRY S. SOUTHERLAND, 000–00–0000 DAVID A. SPANGLER, 000–00–0000 TIMOTHY P. ANDERSON 000–00–0000 PEGGY R. BURKE, 000–00–0000 RICHARD A. STABLES, 000–00–0000 CHRISTOPHER V. ARIAS 000–00–0000 BRUCE M. BUTLER, 000–00–0000 RICHARD L. STRICKLAND, 000–00–0000 GAYNELL F. BARBER 000–00–0000 JOHN F. BUTTLER, 000–00–0000 JOHN J. SWOKOWSKI, 000–00–0000 DARLENE R. BENNETT 000–00–0000 LEWIS J. CARVER, 000–00–0000 DIANN D. TILGHMAN, 000–00–0000 KAREN K. BRADY 000–00–0000 MARK A. CHAFFIN, 000–00–0000 CHRISTY I. TOMLINS, 000–00–0000 SUSAN K. BREWER 000–00–0000 SCOTT C. COLTON, 000–00–0000 MARK A. TUOHY, 000–00–0000 ANN M. BURKHARDT 000–00–0000 RICHARD A. CONTINI, 000–00–0000 DONALD R. TURCOTTE, 000–00–0000 JUDITH A. CALL 000–00–0000 JESS H. COOLEY, 000–00–0000 THOMAS J. UTT, 000–00–0000 DONNA D. CANNON 000–00–0000 KEVIN T. COSTELLOE, 000–00–0000 DAN O. WESSMAN, 000–00–0000 RUDOLFO R. CANTU 000–00–0000 RICHARD R. CSUHTA, 000–00–0000 GREGORY D. WHEELOCK, 000–00–0000 DEBORAH M. Z. CASHMAN 000–00–0000 KENNETH A. DAIBER, 000–00–0000 MARK O. WIDTFELDT, 000–00–0000 DONNA A. CHERRY 000–00–0000 NORRIS L. DANZEY, 000–00–0000 ROBERT A. WILLEN, 000–00–0000 FELICIA L. COCHRAN 000–00–0000 STEVEN T. DAVIS, 000–00–0000 EDWARD W. WILLIAMS, 000–00–0000 YVETTE COFRESIEILIND 000–00–0000 STEVEN A. DELANCY, 000–00–0000 ROY N. WILLIAMSON, 000–00–0000 KARA C. DALLMAN 000–00–0000 PHILIP A. DELGADO, 000–00–0000 MATTHEW H. WISNIEWSKI, 000–00–0000 LORI L. DELOOZE 000–00–0000 SILVESTER R. DELROSARIO, 000–00–0000 RUSSELL L. WYCKOFF, 000–00–0000 CHRISTINE M. DONOHUE 000–00–0000 LINDA S. DENEEN, 000–00–0000 ELIZABETH M. DUNTON, 000–00–0000 GREGORY, DEVAUGHN, 000–00–0000 IN THE AIR FORCE JENNIFER R. FLATHER, 000–00–0000 RICKY L. DICK, 000–00–0000 CAROLYN S. FRICKE, 000–00–0000 DALE A. ESPERUM, 000–00–0000 THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN JO E. GARDINER, 000–00–0000 PAUL G. FABISH, JR., 000–00–0000 THE U.S. AIR FORCE, UNDER THE APPROPRIATE PROVI- RICHARD N. GATES, 000–00–0000 JOHN H. FARQUHAR, 000–00–0000 SIONS OF SECTION 624, TITLE 10, UNITED STATES CODE, JANET G. GOLDSTEIN, 000–00–0000 RANDALL L. FISCHER, 000–00–0000 AS AMENDED, WITH DATES OF RANK TO BE DETERMINED BONITA A. GOODWIN, 000–00–0000 TERRY A. FORD, 000–00–0000 BY THE SECRETARY OF THE AIR FORCE, AND THOSE OF- KATHY E. GORDON, 000–00–0000 PERRY L. FORESTER, 000–00–0000 FICERS IDENTIFIED BY AN ASTERISK FOR APPOINTMENT CYNTHIA D. GRANT, 000–00–0000 DAVID C. FOSTER, 000–00–0000 IN THE REGULAR AIR FORCE UNDER THE PROVISIONS OF GWYNN D. GRIFFIN, 000–00–0000 WILLIAM E. FULTZ, 000–00–0000 SECTION 531, TITLE 10, UNITED STATES CODE, WITH A KERI A. GROHS, 000–00–0000 BRIAN F. GALE, 000–00–0000 VIEW TO DESIGNATION UNDER THE PROVISIONS OF SEC- KATHARINE A. M. HALE, 000–00–0000 RICARDO GARZA, 000–00–0000 TION 8067, TITLE 10, UNITED STATES CODE, TO PERFORM ANNE G. HAMMOND, 000–00–0000 WILLIAM J. GETZFRED, 000–00–0000 DUTIES INDICATED PROVIDED THAT IN NO CASE SHALL IVY D. HANCHETT, 000–00–0000 STEPHEN V. GIBBENS, 000–00–0000 THE FOLLOWING OFFICERS BE APPOINTED IN A GRADE DIANA HARRIS, 000–00–0000 JOHN W. GRADY, 000–00–0000 HIGHER THAN INDICATED. GLENN G. GRAVATT, 000–00–0000 CHRISTINA C. HARTIGAN, 000–00–0000 CHAPLAIN CORPS SUSAN D. HARVEY, 000–00–0000 GARY GREEN, 000–00–0000 JOSEPH M. HINES, JR., 000–00–0000 DARRELL L. GRIFFIN, 000–00–0000 To be colonel NANCY J. HOLCOMB, 000–00–0000 DARLENE R. GUNTER, 000–00–0000 BARBARA S. KANEWSKE, 000–00–0000 BRAD F. GUTTILLA, 000–00–0000 JOHNNY R. ALMOND, 000–00–0000 MARY A. KIRBY, 000–00–0000 WILLIAM A. HAMMOCK, 000–00–0000 DAVID H. CYR, 000–00–0000 DIANE M. KOCZELA, 000–00–0000 TOMMY C. HARRIS, 000–00–0000 CHARLES W. ECHOLS, 000–00–0000 VERONICA L. LUNDIN, 000–00–0000 ROBIN A. HASTINGS II, 000–00–0000 RICHARD K. HUM, 000–00–0000 SHANNON E. MC CARTHY, 000–00–0000 CHARLES H. HAYDEN, JR., 000–00–0000 ROBERT F. IPPOLITO, 000–00–0000 NANCY A. NORTON, 000–00–0000 DANIEL P. HENDERSON, 000–00–0000 CHARLES H. LOCKLIN III, 000–00–0000 ELIZABETH A. ODOWD, 000–00–0000 RONALD H. HENRY, 000–00–0000 CARLO F. MONTECALVO, 000–00–0000 LISA A. OKUNPAIT, 000–00–0000 DAVID A. HILL, II, 000–00–0000 RONALD A. NEWLAND, 000–00–0000 STEPHANIE L. O’NEAL, 000–00–0000 LAWRENCE D. HILL, 000–00–0000 DAVID M. PARK, 000–00–0000 MELINDA L. POWERS, 000–00–0000 RICKY L. HOLT, 000–00–0000 DAVID J. SCHROEDER, 000–00–0000 WILLIAM T. RICH, 000–00–0000 DANIEL P. HOWE, 000–00–0000 DAVID C. SESSIONS, 000–00–0000 NANNETTE S. ROBERTS, 000–00–0000 KEITH W. HUNTER, 000–00–0000 STEVEN T. SILL, 000–00–0000 MARK A. SANFORD, 000–00–0000 JOHN E. IWANIEC, 000–00–0000 HENRY B. WILBOURNE, 000–00–0000 DAVID W. JACK, 000–00–0000 MARIANNE E. SICKMAN, 000–00–0000 NURSE CORPS DAVID J. SISSON, 000–00–0000 CHARLES JAMES, JR., 000–00–0000 KATHLEEN M. STECKLER, 000–00–0000 OREN C. JEFFRIES, 000–00–0000 To be colonel DEAN E. STEWARTCURRY, 000–00–0000 CLIFTON T. JOHNSON, 000–00–0000 ELENA A. TROTTER, 000–00–0000 LARRY M. JOHNSON, 000–00–0000 SANDRA J. AMUNDSON, 000–00–0000 KELLY J. VALENCIA, 000–00–0000 JOHN R. JONES, 000–00–0000 NORMA K. BOLTON, 000–00–0000 STEPHEN J. WILLIAMS, 000–00–0000 DENNIS R. KING, 000–00–0000 MARY L. COLEMAN, 000–00–0000 DAVID G. KNAUTH, 000–00–0000 LINDA M. DOWNING, 000–00–0000 SPECIAL DUTY OFFICERS (OCEANOGRAPHY) WILLIAM C. KOSHI, JR., 000–00–0000 LINDA F. HENDERSON, 000–00–0000 To be lieutenant commander DALE K. KUTSCH, 000–00–0000 *ALBERTINA HOLMLUND, 000–00–0000 ROBERT J. LAROCK, 000–00–0000 PATRICIA A. HOWARD, 000–00–0000 LAURA S. BRAMSON, 000–00–0000 STEVEN C. LARSON, 000–00–0000 DENNIS C. MARQUARDT, 000–00–0000 ERIC J. BUCH, 000–00–0000 JOHN H. LECKIE, 000–00–0000 JACQUELINE E. MURDOCK, 000–00–0000 RAYMOND E. CHARTIER, JR., 000–00–0000 BRUCE P. LEE, 000–00–0000 TERESA W. PAGE, 000–00–0000 FREDERICK C. FRITSCH, 000–00–0000 VICTOR K. LEONARD, 000–00–0000 EDITH S. SANDOVAL, 000–00–0000 JOHN A. FURGERSON, 000–00–0000 JEFFREY E. LESSIE, 000–00–0000 LINDA D. SIEGEL, 000–00–0000 TIMOTHY C. GALLAUDET, 000–00–0000 ALAN D. LEWIS, 000–00–0000 BARBARA C. SUTTON, 000–00–0000 ERIC F. GEDULTVONJUNGENFELD, 000–00–0000 JIMMY LEWIS, 000–00–0000 THOMAS A. VANN, 000–00–0000 GREG M. JIMENEZ, 000–00–0000 RONALD P. LIECHTY, 000–00–0000 CONSTANCE M. WHORTON, 000–00–0000 PETER M. KLEIN, 000–00–0000 GLENN W. LINTON, 000–00–0000 PAUL E. MATTHEWS, 000–00–0000 CURTIS L. LIPSCOMB, 000–00–0000 MEDICAL SERVICE CORPS BRUCE J. MORRIS, 000–00–0000 RICKY K. LOVELL, 000–00–0000 To be colonel PATRICK J. MURRAY, 000–00–0000 LARRY L. LUITHLE, 000–00–0000 WILLIAN H. NISLEY II, 000–00–0000 JAMES P. MARTEN, 000–00–0000 THERESA S. BAKER, 000–00–0000 GREGORY SALVATO, 000–00–0000 TERRY M. MARTIN, 000–00–0000 GEORGE C. BONHAM, JR., 000–00–0000 MARGARET A. SMITH, 000–00–0000 JOSE F. MARTINEZ, 000–00–0000 PATRICIA M. FRENCH, 000–00–0000

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10094 CONGRESSIONAL RECORD — SENATE September 9, 1996

DAVID D. GILBREATH, 000–00–0000 PERRY G. BALLARD, 000–00–0000 HUGH F. BURRELL, 000–00–0000 NORMAN J. LATINI, 000–00–0000 JOANN M. BARBARO, 000–00–0000 TOM BURRISS, 000–00–0000 FRANK L. NELSON, 000–00–0000 PHILIP J. BARBEE, 000–00–0000 CLARK D. BURTCH, 000–00–0000 EUGENE H. RAYNAUD, 000–00–0000 WILLIAM J. BARLOW JR., 000–00–0000 ANNE W. BURTT, 000–00–0000 STEVEN H. REGNER, 000–00–0000 RAMONA G. BARNES, 000–00–0000 BRUCE A. BUSH, 000–00–0000 WILLIAM R. RENWICK, 000–00–0000 EDMUND L. BARNETTE JR., 000–00–0000 WANDA N. BUSSCHER, 000–00–0000 RICHARD D. SILVERNAIL, 000–00–0000 RANDY L. BARTELS, 000–00–0000 ERIC R. BUSSIAN, 000–00–0000 JUNIOR J. TILLEY, 000–00–0000 JAMES M. BARTLETT, 000–00–0000 DALE E. BUTLER, 000–00–0000 EDWARD F. TORRES, 000–00–0000 GARY W. BARTON, 000–00–0000 MICHAEL S. BUTLER, 000–00–0000 RONALD E. WILDMAN, 000–00–0000 MICHAEL C. BARTON, 000–00–0000 PATRICK M. BUTLER, 000–00–0000 PAUL T. WILLIAMSON, 000–00–0000 KEITH D. BASHANT, 000–00–0000 AARON D. BYAS, 000–00–0000 STEPHEN M. BATTS, 000–00–0000 DIANE M. BYRNE, 000–00–0000 BIOMEDICAL SCIENCES CORPS JOHN K. BEALS, 000–00–0000 WILLIAM B. BYRNE III, 000–00–0000 REBECCA L. BEAMAN, 000–00–0000 GERALDINE CADE, 000–00–0000 To be colonel GROVER P. BEASLEY III, 000–00–0000 GAETON A. CAFIERO, 000–00–0000 GEORGE L. BERBERICH, 000–00–0000 ALLAN R. BECK, 000–00–0000 ANTHONY C. CAIN, 000–00–0000 WILLIAM G. BLACK, JR., 000–00–0000 WILLIAM R. BECKER, 000–00–0000 STEPHEN E. CAIN, 000–00–0000 ROBERT E. BRIDGES, 000–00–0000 JEFFREY K. BEENE, 000–00–0000 RICHARD A. CALDWELL, 000–00–0000 DANIEL R. BROWN, 000–00–0000 TODD E. BEHNE, 000–00–0000 JORGE F. CAMACHO, 000–00–0000 ROCKY D. CALCOTE, 000–00–0000 LORRAINE Y. BEJJANI, 000–00–0000 CHARLES S. CAMERON, 000–00–0000 JIM A. DAVIS, 000–00–0000 DAVID E. BELL, 000–00–0000 JAMES J. CAMPBELL, JR., 000–00–0000 EVA M. ECKBURG, 000–00–0000 ALBERT P. BENDER, 000–00–0000 WILLIAM L. CAMPBELL, 000–00–0000 JAMES D. FRASER, 000–00–0000 WILLIAM J. BENDER, 000–00–0000 JESSIE W. CANADAY, 000–00–0000 GARY D. GACKSTETTER, 000–00–0000 MICHAEL A. BENJAMIN, 000–00–0000 RAYMUNDO CANCEL, 000–00–0000 MARK A. HAMILTON, 000–00–0000 BARRY J. BENNETT, 000–00–0000 DAVID K. CANNON, 000–00–0000 ALBERT A. HARTZELL, 000–00–0000 MARK A. BENNETT, 000–00–0000 ANTHONY CAPRA, 000–00–0000 THOMAS W. BENNETT, 000–00–0000 SAMUEL G. CARBAUGH, 000–00–0000 DANNY L. HOLT, 000–00–0000 ROBERT M. BENSON, 000–00–0000 BRUCE E. CARD, 000–00–0000 MOHAMMAD A. HOSSAIN, 000–00–0000 BRIAN C. BERGDAHL, 000–00–0000 JOSEPH D. CARDWELL, 000–00–0000 HARRY P. HOWITT, 000–00–0000 KATHERINE J. BERGERON, 000–00–0000 MICHAEL J. CAREY, 000–00–0000 DENEICE L. JACKSON, 000–00–0000 STEVEN W. BERNARD, 000–00–0000 DON A. CARMICHAEL, 000–00–0000 JOHN F. KENT, 000–00–0000 MATTHEW J. BERRY, 000–00–0000 P. MASON CARPENTER, 000–00–0000 RUSSELL H. MATTERN, 000–00–0000 JAMES H. BEST, 000–00–0000 REYNALDO S. CARPIO, 000–00–0000 WILLARD W. MOLLERSTROM, 000–00–0000 NANCY N. BETTIS, 000–00–0000 MARTIN W. CARR, 000–00–0000 ESTHER F. MYERS, 000–00–0000 STEVEN K. BIBLE, 000–00–0000 JOEL C. CARRILLO, 000–00–0000 JOHN N. QUIRK, 000–00–0000 BRAD S. BIGELOW, 000–00–0000 DANA G. CARROLL, 000–00–0000 DENNIS L. RAY, 000–00–0000 MICHAEL L. BILLINGSLEY, 000–00–0000 DOUGLAS W. CARROLL, 000–00–0000 ROBERT J. SARVAIDEO, 000–00–0000 GREGORY M. BILLMAN, 000–00–0000 JAMES B. CARROLL, 000–00–0000 LORRAINE SHELTONGAINES, 000–00–0000 DANIEL J. BIRSCHBACH, 000–00–0000 LINDA S. CARROLL, 000–00–0000 PAUL J. SHONEBARGER, 000–00–0000 DANIEL J. BISANTI, 000–00–0000 MICHAEL J. CARTER, 000–00–0000 LOWELL L. SNITCHLER, 000–00–0000 BRADFORD J. BISSON, 000–00–0000 NEIL D. CARTER, 000–00–0000 *FORREST R. SPRESTER, 000–00–0000 JEAN E. BITNER, 000–00–0000 STUART S. CARTER, 000–00–0000 ALICE A. TARPLEY, 000–00–0000 EILEEN A. BJORKMAN, 000–00–0000 MICHAEL D. CARTNEY, 000–00–0000 I NOMINATE THE FOLLOWING-NAMED OFFICERS FOR DAVID L. BJORNSON, 000–00–0000 JAMES E. CASE, 000–00–0000 PROMOTION IN THE U.S. AIR FORCE, UNDER THE APPRO- STEVEN M. BLACK, 000–00–0000 MICHAEL S. CASEY, 000–00–0000 PRIATE PROVISIONS OF SECTION 624, TITLE 10, UNITED KAREN D. BLACKFORD, 000–00–0000 MICHAEL T. CASEY, 000–00–0000 STATES CODE, AS AMENDED, WITH DATES OF RANK TO KARL W. BLACKMUN, 000–00–0000 STEVEN E. CASH, 000–00–0000 BE DETERMINED BY THE SECRETARY OF THE AIR FORCE, MICHAEL J. BLAINE, 000–00–0000 DAVID R. CASTILLO, 000–00–0000 AND THE OFFICER IDENTIFIED BY AN ASTERISK FOR AP- BRUCE E. BLAISDELL, 000–00–0000 FAUSTO CASTRODAD, 000–00–0000 POINTMENT IN THE REGULAR AIR FORCE UNDER THE WILLIAM D. BLAKEMAN, 000–00–0000 RICHARD C. CATINGTON, 000–00–0000 PROVISIONS OF SECTION 531, TITLE 10, UNITED STATES DAVID A. BLALOCK, 000–00–0000 ROBERT M. CATLIN, 000–00–0000 CODE, PROVIDED THAT IN NO CASE SHALL THE FOL- STEVEN BLASINGAME, 000–00–0000 JEFFREY L. CATON, 000–00–0000 LOWING OFFICER BE APPOINTED IN A GRADE HIGHER RUDOLPH J. BLAZICKO, 000–00–0000 NEIL D. CATONE, JR., 000–00–0000 THAN INDICATED. DAVID A. BLEHM, 000–00–0000 JOHN F. CAUDILL, 000–00–0000 BRIEUC W. BLOXAM, 000–00–0000 LARRY D. CAVITT, 000–00–0000 LINE KENNETH L. BLUMENBERG, 000–00–0000 ROBIN A. CHADDERDON, 000–00–0000 To be lieutenant colonel SUZANNE L. BOAHN, 000–00–0000 ROBERT M. CHAMBERS, 000–00–0000 CARL D. BODENSCHATZ, 000–00–0000 SCOTT D. CHAMBERS, 000–00–0000 GARY J. ABBATE, 000–00–0000 RALPH A. BOEDIGHEIMER, 000–00–0000 ALLEN CHANDLER, 000–00–0000 ANNEKE C. ABMA, 000–00–0000 JOHN V. BOGGESS, 000–00–0000 PHILLIP A. CHANSLER, 000–00–0000 JORGE ACEVEDO, 000–00–0000 KEVIN G. BOGGS, 000–00–0000 JOSEPH O. CHAPA, 000–00–0000 JAMES L. ACREE, 000–00–0000 PAUL R. BOLAND, 000–00–0000 DANIEL J. CHARCHIAN, 000–00–0000 DAVID A. ADAMS, 000–00–0000 STEPHEN L. BOLLMAN, 000–00–0000 DWIGHT S. CHASE, 000–00–0000 REGINALD L. ADAMS, 000–00–0000 PATRICIA BOMBERGER, 000–00–0000 JOAQUIM B. CHAVEZ, 000–00–0000 EDWARD N. ADDISON, 000–00–0000 ROMAN J. BONCZEK, 000–00–0000 SCOTT A. CHAVEZ, 000–00–0000 GEORGE D. AKIN, 000–00–0000 EUGENE L. BOND, 000–00–0000 ALICE J. CHEN, 000–00–0000 CARMEN M. ALATORREMARTIN, 000–00–0000 RICHARD L. BORNMANN, JR., 000–00–0000 JOHN J. CHERNIGA, 000–00–0000 PAUL S. ALBERT, 000–00–0000 WILLIAM J. BORONOW, 000–00–0000 RANDOLPH W. CHOW, 000–00–0000 FRANK G. ALBRIGHT II, 000–00–0000 JOHN J. BORSI, 000–00–0000 EDWARD C. CHRIST, JR., 000–00–0000 LINDA S. ALDRICH, 000–00–0000 DALE A. BOURQUE, 000–00–0000 ROBERT W. CHRISTENSEN, 000–00–0000 STUART L. ALDRIDGE, 000–00–0000 JAMES L. BOWLES, JR., 000–00–0000 SHELLEY DIANE CHRISTIAN, 000–00–0000 JO A. ALFARO, 000–00–0000 KIM A. BOWLING, 000–00–0000 FREDERICK R. CIANCIOLO, 000–00–0000 LIONEL D. ALFORD, JR., 000–00–0000 WAYNE E. BOWSER, 000–00–0000 DELORES P. CLARK, 000–00–0000 GAIL C. ALLEN, 000–00–0000 RICHARD L. BOYD, 000–00–0000 GREGG A. CLARK, 000–00–0000 JOHN M. ALLEN, 000–00–0000 DAVID A. BOYER, 000–00–0000 ISAIAH CLARK, 000–00–0000 TRAVIS L. ALLEN, JR., 000–00–0000 MARK E. BRACICH, 000–00–0000 LESTER G. CLARK, JR., 000–00–0000 WILLIS D. ALLEY, 000–00–0000 JAMES S. BRACKETT, 000–00–0000 RAY M. CLARK, 000–00–0000 MARK A. ALRED, 000–00–0000 JANNETT D. BRADFORD, 000–00–0000 TODD A. CLARK, 000–00–0000 ROBERT P. AMBROSE, 000–00–0000 JOHN R. BRADSHAW, 000–00–0000 CARLA J. CLATANOFF, 000–00–0000 DIETMAR AMELANG, 000–00–0000 WAYNE C. BRADSHAW, 000–00–0000 BARBARA A. CLAYPOOL, 000–00–0000 MICHAEL T. AMES, 000–00–0000 JEFFREY A. BRAND, 000–00–0000 WILLIAM J. CLECKNER, 000–00–0000 JOHN M. AMRINE, 000–00–0000 CLIFFORD O. BRATTEN, 000–00–0000 TERESA H. CLINE, 000–00–0000 DAVID K. ANDERSON, 000–00–0000 DAVID L. BREEDEN, JR., 000–00–0000 COLETTE J. CLOUSE, 000–00–0000 MONDELL R. ANDERSON, 000–00–0000 THOMAS M. BREEN, 000–00–0000 MICHAEL A. CLOUTIER, 000–00–0000 RICHARD L. ANDERSON II, 000–00–0000 WILLIAM H. BREEN, 000–00–0000 SANDRA W. COBB, 000–00–0000 SHERI W. ANDINO, 000–00–0000 TIMOTHY P. BRENNAN, 000–00–0000 JAMES J. COCHRAN, 000–00–0000 SALVATORE A. ANGELELLA, 000–00–0000 LAWRENCE C. BREVARD, 000–00–0000 STANLEY R. COCHRAN, 000–00–0000 PAULA ANSELMO, 000–00–0000 DAVID C. BREWER, 000–00–0000 HELEN M. COCKRELL, 000–00–0000 DEREK S. ANTONELLI, 000–00–0000 JAMES G. BREWSTER, JR., 000–00–0000 BEVERLY A. COE, 000–00–0000 EVETTE E. APONTE, 000–00–0000 MICHAEL W. BRIDGES, 000–00–0000 WILLIAM R. COGGINS, 000–00–0000 STEPHEN J. APPLE, 000–00–0000 DEIDRE E. BRIGGS, 000–00–0000 JEFFREY S. COHEN, 000–00–0000 JOSE R. ARAGON, 000–00–0000 DAVID P. BRITTON, 000–00–0000 DALE M. COLAIANNI, 000–00–0000 ANTHONY J. ARETZ, 000–00–0000 PAULA D. BRITTON, 000–00–0000 FREDERICK R. COLEMAN, 000–00–0000 EUGENIO V. ARIAS, 000–00–0000 LARRY G. BROCKSHUS, 000–00–0000 JEFFREY M. COLEMAN, 000–00–0000 STEVEN E. ARMSTRONG, 000–00–0000 BRADLEY E. BROWN, 000–00–0000 BRIAN J. COLLINS, 000–00–0000 BRADLEY D. ARNOLD, 000–00–0000 GREGORY A. BROWN, 000–00–0000 GAIL B. COLVIN, 000–00–0000 LARRY J. ARNOLD, 000–00–0000 JAMES E. BROWN, 000–00–0000 JOCELYN E. COLVINDONALD, 000–00–0000 MICHAEL W. ARNOLD, 000–00–0000 ROSALYN M. BROWN, 000–00–0000 DOYLE F. CONE, 000–00–0000 JARED A. ASTIN, 000–00–0000 VENETIA E. BROWN, 000–00–0000 LANSEN P. CONLEY, 000–00–0000 MARK D. AUDISS, 000–00–0000 JERRY W. BROWNING, 000–00–0000 BRIAN D. CONLON, 000–00–0000 SUSAN J. AUNGST, 000–00–0000 KAY S. BRUCE, 000–00–0000 JAMES H. CONLON, 000–00–0000 FRED AUSTIN, 000–00–0000 THOMAS J. BRUNS, 000–00–0000 TED D. CONNALLY, 000–00–0000 LAWRENCE G. AVERY JR., 000–00–0000 DANIEL M. BRYAN, 000–00–0000 JOSEPH B. CONNELL, 000–00–0000 PETER R. AXUP, 000–00–0000 JAMES A. BRYANT, JR., 000–00–0000 ROBERT I. CONNELL, 000–00–0000 RICHARD R. AYRES, 000–00–0000 PAUL E. BRYANT, 000–00–0000 DARYL W. CONNER, 000–00–0000 MARGARET Y. BAECHTOLD, 000–00–0000 MICHAEL K. BUCK, 000–00–0000 WILLIAM B. CONNOR III, 000–00–0000 JAMES J. BAER, 000–00–0000 JOHN N. BUCKALEW, 000–00–0000 WILLIAM L. COODE, 000–00–0000 DAVID W. BAILEY, 000–00–0000 KRIS J. BUCKLEW, 000–00–0000 DAVID E. COOK, 000–00–0000 GEORGE E. BAILEY, 000–00–0000 JANE F. BUECHLER, 000–00–0000 JOSEPH W. COOK III, 000–00–0000 MARK H. BAILEY, 000–00–0000 DAVID A. BUJOLD, 000–00–0000 DOUGLAS K. COOKE, 000–00–0000 MARY F. BAILEY, 000–00–0000 HAROLD E. BULLOCK, 000–00–0000 CLYDE A. COOPER, 000–00–0000 ROBERT P. BAINE III, 000–00–0000 THAD F. BUMGARNER, JR., 000–00–0000 JOHN B. COOPER, 000–00–0000 CYNTHIA A. BAKER, 000–00–0000 LEWIS A. BUNCH III, 000–00–0000 ROBERT R. COOPER, 000–00–0000 MICHAEL K. BAKER, 000–00–0000 ROBERT L. BURDSAL, 000–00–0000 RONALD COOPERSMITH, 000–00–0000 DANIEL B. BAKKE, 000–00–0000 STEPHEN L. BURGESS, 000–00–0000 SERAFINO V. CORDARO, 000–00–0000 JOHN E. BALL, 000–00–0000 RICHARD L. BURLINGAME, 000–00–0000 NORBERT R. CORDEIRO, 000–00–0000 SHELBY G. BALL, 000–00–0000 GORDON R. BURNS, 000–00–0000 TIM G. CORDNER, 000–00–0000

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MARK A. CORRELL, 000–00–0000 MICHAEL D. ELROD, 000–00–0000 FRANK GORMAN, 000–00–0000 JOSEPH P. CORSO, 000–00–0000 LARRY A. ELZA, 000–00–0000 FRED W. GORTLER, 000–00–0000 WILLIAM M. CORSON, 000–00–0000 GORDON T. ENGLEBRETSON, 000–00–0000 JAMES W. GOTTSCHALK, 000–00–0000 DAVID A. CORWIN, 000–00–0000 ROBERT L. ENGLISH, 000–00–0000 KATHLEEN M. GRABOWSKI, 000–00–0000 CHARLES E. COSTANZO, 000–00–0000 SHEREE K. ENGQUIST, 000–00–0000 WALTER E. GRACE III, 000–00–0000 PETER A. COSTELLO III, 000–00–0000 STEPHEN CRAIG ERICKSON, 000–00–0000 DAVID H. GRAY, 000–00–0000 DAVID A. COTTON, 000–00–0000 DOUGLAS ERLENBUSCH, 000–00–0000 GARY D. GRAY, 000–00–0000 JOHN S. COUCOULES, 000–00–0000 CHARLES R. ERLINGER, JR., 000–00–0000 STEPHEN P. GRAY, 000–00–0000 CHARLES C. COURTNEY, JR., 000–00–0000 THOMAS E. ERSTFELD, 000–00–0000 ALTON GREEN, 000–00–0000 DOUGLAS E. COUTURE, 000–00–0000 KAREN A. ESAIAS, 000–00–0000 SUSAN A. GREENE, 000–00–0000 BILLY B. COWSER, JR., 000–00–0000 SUSAN L. ESPINAL, 000–00–0000 KARL J. GREENHILL, 000–00–0000 CLARENCE H. COX, 000–00–0000 LEONARD J. ESTERLY, JR., 000–00–0000 BRIAN H. GREENSHIELDS, 000–00–0000 ERNEST A. COX, JR., 000–00–0000 MARK A. EUNSON, 000–00–0000 JOANNE L. GREGOR, 000–00–0000 GARY C. COX, 000–00–0000 KENNETH G. EVERSOLE, JR., 000–00–0000 DOUGLAS W. GREGORY, 000–00–0000 TONY G. COX, 000–00–0000 MICHAEL FALINO, 000–00–0000 JOHN W. GREGORY III, 000–00–0000 THOMAS P. CRABBE, 000–00–0000 JOHN T. FARQUHAR, 000–00–0000 TERRANCE P. GRIBBEN, 000–00–0000 JAMES G. CRAMP, 000–00–0000 KENNETH M. FARRELL, 000–00–0000 HUBERT D. GRIFFIN, JR., 000–00–0000 STEVEN M. CRANDALL, 000–00–0000 MICHAEL T. FARRELL, 000–00–0000 JOSEPH R. GRIFFITH, 000–00–0000 DAVID J. CRAWFORD, 000–00–0000 ANDREW K. FAULK, JR., 000–00–0000 BRIAN J. GRIGGS, 000–00–0000 MICHAEL P. CREEGAN, 000–00–0000 EILEEN J. FAULKNER, 000–00–0000 JOHN R. GRIGGS, 000–00–0000 JOSEPH CRILLEY, 000–00–0000 DALE S. FAUST, 000–00–0000 FRANKLIN C. GROSS, 000–00–0000 WILLIAM P. CRISLER, 000–00–0000 TERRENCE A. FEEHAN, 000–00–0000 LAWRENCE K. GRUBBS, 000–00–0000 JOHN F. CROGHAN, 000–00–0000 TIMOTHY J. FEELEY, 000–00–0000 DANIEL S. GRUBER, 000–00–0000 RONALD R. CROSBY, 000–00–0000 DONALD J. FEENEY, 000–00–0000 DAVID J. GRUBER, 000–00–0000 TONY D. CROWDER, 000–00–0000 LAURA J. FELDMAN, 000–00–0000 DAVID GUADALUPE, 000–00–0000 JOSEPH C. CROWNOVER III, 000–00–0000 PAUL F. FELIZ, 000–00–0000 MICHAEL G. GUERIN, 000–00–0000 PATRICIA C. CRUZ, 000–00–0000 GARY L. FELLOWS, 000–00–0000 TIMOTHY L. GULLIVER, 000–00–0000 CHRIS S. CRUZCOSA, JR., 000–00–0000 ROBIN H. FERRIER, 000–00–0000 RANDAL P. GURCHIN, 000–00–0000 CARLOS R. CRUZGONZALES, 000–00–0000 WESLEY A. FERRIS, 000–00–0000 JOANNE C. GURETSKY, 000–00–0000 GEORGE L. CUNNINGHAM, 000–00–0000 GEORGE B. FIELD, 000–00–0000 GREGG G. GUSTAFSON, 000–00–0000 PAUL A. CURLETT, 000–00–0000 CATHERINE R. FIELDS, 000–00–0000 PETER J. GVAZDAUSKAS, JR., 000–00–0000 GREGORY L. DABNEY, 000–00–0000 PATRICK K. FILLINGIM, 000–00–0000 CHRISTOPHER E. HAAVE, 000–00–0000 EUGENE DACUS, 000–00–0000 WALTER E. FINK, 000–00–0000 GREGG E. HAEGE, 000–00–0000 GARY G. DAMERON, 000–00–0000 LISA C. FIRMIN, 000–00–0000 DOUGLAS S. HAGER, 000–00–0000 ROBERT J. DAMICO, 000–00–0000 JEFFREY S. FISCHER, 000–00–0000 STEPHEN J. HAHN, 000–00–0000 TERESA D. DANIELL, 000–00–0000 MANFRED FISCHLEIN, 000–00–0000 STEVEN W. HAILES, 000–00–0000 GEORGE B. DANIELS, 000–00–0000 LEONARD F. FISCHMAN, 000–00–0000 MITCHELL J. HAILSTONE, 000–00–0000 KEVIN E. DANIELS, 000–00–0000 MELVIN FITZPATRICK, 000–00–0000 TIMOTHY L. HALE, 000–00–0000 KEVIN S.C. DARNELL, 000–00–0000 MICHAEL A. FLECK, 000–00–0000 DONALD L. HALL, JR., 000–00–0000 JOHN C. DAURIA, 000–00–0000 ARNOLD FLORES, 000–00–0000 GWENDOLYN M. HALL, 000–00–0000 MICHAEL L. DAVENPORT, 000–00–0000 DANNY A. FLOWERS, 000–00–0000 RUSSELL S. HALL, 000–00–0000 BOBBY J. DAVIS, JR., 000–00–0000 DONALD A. FLOWERS, 000–00–0000 WILLIAM C. HALL, JR., 000–00–0000 CARL L. DAVIS, JR., 000–00–0000 JON M. FONTENOT, 000–00–0000 MARTHA P. HAM, 000–00–0000 MARK S. DAVIS, 000–00–0000 RONALD E. FONTENOT, 000–00–0000 JAMES S. HAMBLIN, 000–00–0000 RICHARD W. DAVIS, 000–00–0000 ROBERT B. FOOTE, 000–00–0000 GARY W. HAMBY, 000–00–0000 WILLIE P. DEAN, 000–00–0000 LONNIE D. FORD, 000–00–0000 ROBERT A. HAMEL, 000–00–0000 BRUCE M. DEBLOIS, 000–00–0000 ANTONIO FORNASIER, 000–00–0000 JILL A. HAMILTON, 000–00–0000 STEPHEN R. DECOU, 000–00–0000 JAMES A. FORREST, 000–00–0000 ROBERT L. HAMILTON, JR, 000–00–0000 DANIEL L. DEFOREST, 000–00–0000 DAVID R. FORSTNER, 000–00–0000 MICHAEL T. HANCOCK, 000–00–0000 TOBY N. DEHNERT, 000–00–0000 LARRY E. FORTNER, 000–00–0000 JAMES N. HANLEY, 000–00–0000 WILLIAM J. DELGREGO, 000–00–0000 ANDREW FOWKES, 000–00–0000 STEVEN R. HANNA, 000–00–0000 STEVEN A. DELOACH, 000–00–0000 GAIL ONILEE FOX, 000–00–0000 GRADY C. HANNAH III, 000–00–0000 BRADLEY S. DENISON, 000–00–0000 MICHAEL R. FOX, 000–00–0000 JOHN W. HANNEN, JR., 000–00–0000 GREGORY D. DENNEY, 000–00–0000 RICHARD M. FRAKER, 000–00–0000 LOIS D. HANSEN, 000–00–0000 JAY T. DENNEY, 000–00–0000 DAVID W. FRANCIS, 000–00–0000 STEVEN R. HANSEN, 000–00–0000 JANET H. DENT, 000–00–0000 MICHAEL A. FRANCZEK, 000–00–0000 MICHAEL A. HANSON, 000–00–0000 LAWRENCE E. DEPATIS, JR., 000–00–0000 CRAIG A. FRANKLIN, 000–00–0000 JAMES A. HARDER, 000–00–0000 DALE G. DERR, 000–00–0000 WILLIAM P. FRANKLIN, 000–00–0000 TONZI L. HARDGES, 000–00–0000 LINDA S. DEVLAMINCK, 000–00–0000 JEFFREY L. FRASER, 000–00–0000 TRACY A. HARDWICK, 000–00–0000 ROBERT C. DEWALD, 000–00–0000 SCOTT C. FRAZIER, 000–00–0000 TIMOTHY G. HARDY, 000–00–0000 JOHN J. DIAMOND, JR., 000–00–0000 PAUL C. FREED, 000–00–0000 GARRETT HARENCAK, 000–00–0000 LEE G. DICKINSON, 000–00–0000 RICKIE A. FRENCH, 000–00–0000 GEORGE E. HARLAN, 000–00–0000 CHERYL L. DIETRICH, 000–00–0000 THOMAS R. FRITZ, 000–00–0000 MARK A. HARMON, 000–00–0000 HOWARD A. DIETRICH III, 000–00–0000 NANCY E. FRYE, 000–00–0000 PAUL R. HARMON, 000–00–0000 VINCENT P. DIFRONZO, 000–00–0000 RICHARD S. FUHRMANN, 000–00–0000 KEVIN E. HARMS, 000–00–0000 JOHN R. DIGGINS III, 000–00–0000 RICHARD L. FULLERTON, 000–00–0000 MICHAEL Q. HARPER, 000–00–0000 FRANK C. DIGIOVANNI, 000–00–0000 STEVEN G. FULTON, 000–00–0000 JEFFREY P. HARRELL, 000–00–0000 PAUL H. DIJULIO, 000–00–0000 WILLIAM D. FUQUA, JR., 000–00–0000 JOHN D. HARRINGTON, 000–00–0000 CATHERINE R. DOAN, 000–00–0000 JENNIFER A. FURRU, 000–00–0000 DAVID R. HARRIS, 000–00–0000 JOHN M. DOBBINS, 000–00–0000 WAYNE G. GALLANT, 000–00–0000 EILEEN L. HARRIS, 000–00–0000 RALPH S. DOBBS, 000–00–0000 FRANK GALLEGOS, 000–00–0000 JOHN P. HARRIS, 000–00–0000 MARTIN P. DOEBEL, 000–00–0000 KEVIN R. GAMACHE, 000–00–0000 LIONEL E. HARRIS, JR., 000–00–0000 CARL T. DOMINELLO, 000–00–0000 HOWARD D. GANS, 000–00–0000 RICHARD HARRIS, 000–00–0000 SAMUEL J. DOMINO, JR., 000–00–0000 ROGER A. GANT, 000–00–0000 BENJAMIN M. HARRISON, 000–00–0000 GEOFFREY A. DONATELLI, 000–00–0000 JAMES N. GAPINSKI, 000–00–0000 GREGORY M. HARSTAD, 000–00–0000 MARY K. DONNELLY, 000–00–0000 JAN C. GARDNER, 000–00–0000 ROBERT D. HARVEY, 000–00–0000 MARA O. DONOVAN, 000–00–0000 RORY D. GARDNER, 000–00–0000 STEVEN D. HATTER, 000–00–0000 CHRIS P. DORAN, 000–00–0000 STEPHEN W. GARDNER, 000–00–0000 JOHN S. HAVEN II, 000–00–0000 ROBERT E. DORSEY, 000–00–0000 MARK D. GARLOW, 000–00–0000 WILLIAM I. HAVRON, 000–00–0000 PATRICK K. DOTY, 000–00–0000 MICHAEL M. GARRELL, 000–00–0000 JAMES R. HAWKINS, 000–00–0000 ROBERT M. DOUGLAS, 000–00–0000 J. RICHARD GARRETT, 000–00–0000 ROBERT E. HAWVERMALE, 000–00–0000 JACQUELINE J. DOVALE, 000–00–0000 ROBERTO GARZA, 000–00–0000 DALE L. HAYDEN, 000–00–0000 JOHN A. DOWLESS, JR., 000–00–0000 JEFFREY L. GATCOMB, 000–00–0000 MICHAEL F. HAYDEN, 000–00–0000 KEVIN G. DOYLE, 000–00–0000 HENRY J. GAUDREAU, 000–00–0000 JACK D. HAYES, 000–00–0000 D. HEATH DRADER, 000–00–0000 MICHAEL H. GECZY, 000–00–0000 EDWARD J. HAYMAN, 000–00–0000 LAWRENCE W. DRECHSEL, 000–00–0000 STEPHEN J. GENSHEIMER, 000–00–0000 GEORGE W. HAYS, 000–00–0000 KENNETH L. DRESSEL, 000–00–0000 GREGORY R. GERTH, 000–00–0000 JAMES K. HAYS, 000–00–0000 DEBRA J. DUBBE, 000–00–0000 MICHAEL E. GETHERS, 000–00–0000 JAMES E. HAYWOOD, 000–00–0000 ROBERT D. DUBEK, 000–00–0000 JOHN H. GIBSON, 000–00–0000 LEONARD G. HEAVNER, 000–00–0000 GARY W. DUCOTE, 000–00–0000 BARBARA J. GILCHRIST, 000–00–0000 JOSEPH E. HEBERT, 000–00–0000 FREDERICK G. DUDEK, 000–00–0000 WILL WARNER, GILDNER, JR., 000–00–0000 CHERYL A. HEIMERMAN, 000–00–0000 JACKLINE Y. DUDLEY, 000–00–0000 RODERICK E. GILLIS, 000–00–0000 BRUCE B. HEINLEIN, 000–00–0000 MICHAEL J. DUFRENE, 000–00–0000 PATRICK E. GIUNTA, 000–00–0000 MITCHELL L. HEITMANN, 000–00–0000 M. COLLEEN DUGANBEATOVICH, 000–00–0000 EDWARD I. GJERMUNDSEN, 000–00–0000 HOWARD J. HEMEON III, 000–00–0000 BARBARA A. DUINK, 000–00–0000 DAVID B. GLADE II, 000–00–0000 HAROLD E. HEMMINGS, JR., 000–00–0000 PAUL A. DUNBAR, 000–00–0000 KENNETH M. GLADFELTER, 000–00–0000 GARY R. HENDEL, 000–00–0000 SHARON K.G. DUNBAR, 000–00–0000 HENRY GLEISBERG, 000–00–0000 SHELIA E. HENDERSON, 000–00–0000 CATHERINE M. DUNCAN, 000–00–0000 PETER A. GLENNON, 000–00–0000 WARREN L. HENDERSON, 000–00–0000 DONALD H. DUNN, 000–00–0000 JOHN A. GLODO, 000–00–0000 ROBERT H. HENDRICKS, 000–00–0000 WILLIAM J. DUNN, JR. 000–00–0000 DAVID S. GLOWACKI, 000–00–0000 RALPH G. HENSLEY, JR., 000–00–0000 BRADLEY D. DUTY, 000–00–0000 DANIEL C. GNAGEY, 000–00–0000 GEORGE B. HEPT, 000–00–0000 DOUGLAS A. EBERT, 000–00–0000 WILLIAM F. GOAD, 000–00–0000 GREGORY D. HERBERT, 000–00–0000 MELINDA D. EDDINGTON, 000–00–0000 ROBERT E. GOCHENAUR, 000–00–0000 RONALD T. HERPST, 000–00–0000 KATREE V. EDMONDS, 000–00–0000 JAMES G. GODFREY, 000–00–0000 MANUEL J. HERRERA, 000–00–0000 LEONARD R. EDWARDS, JR., 000–00–0000 JAMES A. GODSEY, 000–00–0000 STEVEN W. HERRING, 000–00–0000 NORMAN D. EDWARDS, 000–00–0000 PETER J. GODWIN, 000–00–0000 DEREK S. HESS, 000–00–0000 SALVADOR EGEA, 000–00–0000 SCOTT E. GOEHRING, 000–00–0000 JOHN S. HESTER III, 000–00–0000 JOHN W. EGGEMAN, 000–00–0000 DIANA L. GOERING, 000–00–0000 LEE M. HESTER, 000–00–0000 CURTIS W. EHMAN, 000–00–0000 T.T. GOETZ, 000–00–0000 JEFFERY M. HETRICK, 000–00–0000 WILLIAM T. ELIASON, 000–00–0000 THELMA T. GOFORTH, 000–00–0000 HERMAN HICKS, 000–00–0000 CURTIS R. ELKIN, 000–00–0000 WILLIAM P. GOLDEN, 000–00–0000 MICHAEL R. HICKS, 000–00–0000 JERROLD F. ELKIN, 000–00–0000 DAVID L. GOLDFEIN, 000–00–0000 OTIS L. HICKS, JR., 000–00–0000 PAUL I. ELLINGSON, 000–00–0000 *SUSAN J. GOLDING, 000–00–0000 JAMES C. HIGGINS, 000–00–0000 MICHAEL L. ELLIOTT, 000–00–0000 FERNANDO GONZALEZ, 000–00–0000 KIM A. HIGH, 000–00–0000 DAVID F. ELLIS, 000–00–0000 SCOTT P. GOODWIN, 000–00–0000 PEGGY B. HILLEBRANDT, 000–00–0000 HAL R. ELLIS, 000–00–0000 WILLIAM F. GOODWIN II, 000–00–0000 CRAIG B. HITCHINGS, 000–00–0000 JOHNNY F. ELMORE, 000–00–0000 ROBERT S. GORDON, 000–00–0000 RICHARD F. HOAG, 000–00–0000

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S10096 CONGRESSIONAL RECORD — SENATE September 9, 1996

JEFFREY J. HOBSON, 000–00–0000 LLOYD H. KEETON, JR., 000–00–0000 MARK E. MADISON, 000–00–0000 JANET J. HOCKERSMITH, 000–00–0000 JIM H. KEFFER, 000–00–0000 GEORGE M. MADISON III, 000–00–0000 EDWARD F. HODEN, JR., 000–00–0000 DENNIS E. KEITH, 000–00–0000 MICHAEL J. MAGEE, 000–00–0000 JEFFREY A. HODGDON, 000–00–0000 EDMOND B. KEITH, 000–00–0000 DAVID MALDONADO, 000–00–0000 KENNETH M. HODGDON, 000–00–0000 DAVID C. KELLEY, 000–00–0000 CRAIG J. MALLORY, 000–00–0000 DAWN C. HODGE, 000–00–0000 DAVID L. KELLEY, 000–00–0000 THOMAS W. MANACAPILLI, 000–00–0000 MICHAEL W. HODGE, 000–00–0000 JEFFREY W. KELLEY, 000–00–0000 ANDREW M. MANLEY, 000–00–0000 RUSSELL D. HODGKINS, JR., 000–00–0000 JOHN V. KELLEY, 000–00–0000 CHARLES W. MANZIONE, JR., 000–00–0000 JOSEPH H. HOFFMAN III, 000–00–0000 JUDSON R. KELLEY, 000–00–0000 SCOTT K. MARBLE, 000–00–0000 MARK A. HOFFMAN, 000–00–0000 DONALD J. KELLOGG, 000–00–0000 RICHARD R. MARCOUX, 000–00–0000 WILLIAM C. HOFFMAN, 000–00–0000 CLARK A. KELLY, 000–00–0000 ROBERT W. MARINAN, 000–00–0000 DARRELL C. HOLCK, 000–00–0000 SEAN P. KELLY, 000–00–0000 WILLIAM S. MARLEY, 000–00–0000 SUSANNE P. HOLCOMB, 000–00–0000 ROBERT L. KELSEY, 000–00–0000 ANDREW M. MAROTTA, 000–00–0000 DEWEY A. HOLMES, 000–00–0000 GARY L. KEMP, 000–00–0000 REX A. MARSHALL, 000–00–0000 JAMES M. HOLMES, 000–00–0000 JEFFREY B. KENDALL, 000–00–0000 RODNEY L. MARSHALL, 000–00–0000 JOHN C. HOOPER, 000–00–0000 JEFFREY A. KENNEDY, 000–00–0000 SCOTT W. MARSHALL, 000–00–0000 LAWRENCE V. HOPKINS, 000–00–0000 DANIEL K. KENNEY, 000–00–0000 ANN F. MARTENS, 000–00–0000 STEVEN D. HOPKINS SR., 000–00–0000 WILLIAM F. KENT, 000–00–0000 CORBY L. MARTIN, 000–00–0000 WILLIAM R. HOPMEIER, 000–00–0000 ANTHONY T. KERN, 000–00–0000 JEFFREY S. MARTIN, 000–00–0000 CHARLES A. HORAN III, 000–00–0000 RICHARD A. KIANKA, 000–00–0000 LAURA M. MARTIN, 000–00–0000 JAMES R. HOREJSI, 000–00–0000 STEVEN D. KIEFER, 000–00–0000 RICHARD L. MARTIN II, 000–00–0000 RANDALL K. HORN SR., 000–00–0000 KEITH E. KIGER, 000–00–0000 ROBERT E. MARTIN, 000–00–0000 MARTIN J. HORNYAK, 000–00–0000 WALTER K. KIKUGAWA, 000–00–0000 STEPHEN D. MARTIN, JR., 000–00–0000 ROBERT W. HORTON, 000–00–0000 INTAE KIM, 000–00–0000 DEBRA A. MARTINEZ, 000–00–0000 BONNIE J. HOUCHEN, 000–00–0000 KEVIN L. KIMSEY, 000–00–0000 PAMELA A. MASON, 000–00–0000 LUKE R. HOWARD, 000–00–0000 WILLIAM H. KING, 000–00–0000 LYDIA M. MATHIS, 000–00–0000 MICHAEL J. HOWARD, 000–00–0000 CHARLES C. KINKEAD, 000–00–0000 RANDALL R. MATHIS, 000–00–0000 RONALD W. HOWARD, 000–00–0000 GARY W. KIRK, 000–00–0000 EARL D. MATTHEWS, 000–00–0000 MARK A. HOWELL, 000–00–0000 REX R. KIZIAH, 000–00–0000 ANTHONY M. MAUER, 000–00–0000 SCOTT L. HOWELL, 000–00–0000 THOMAS D. KLINCAR, 000–00–0000 RONALD B. MAXWELL, 000–00–0000 MICHAEL J. HOWENSTINE, 000–00–0000 RANDALL L. KLING, 000–00–0000 RUSSELL L. MAY, 000–00–0000 DERRICK A. HOXIE III, 000–00–0000 DAVID A. KLINKICHT, 000–00–0000 DAVID B. MAYER, 000–00–0000 LARRY W. HUDSON, 000–00–0000 WILLIAM J. KLUESNER, 000–00–0000 JEFFREY R. MAYO, 000–00–0000 ROBERT D. HUDSON, 000–00–0000 JAMES M. KNAUF, 000–00–0000 JEFFREY G. MAYS, 000–00–0000 DANIEL S.C. HUFFSTETLER, 000–00–0000 DOMINICK B. KNIGHT, 000–00–0000 DAVID C. MC AFEE, 000–00–0000 NURBERT A. HUGHES, 000–00–0000 LAWRENCE E. KNIGHT, 000–00–0000 KIM C. MC ARDLE, 000–00–0000 DIANE R. HULL, 000–00–0000 PETER J. KNUDSEN, 000–00–0000 JAMES M. MC CALL, 000–00–0000 LLOYD K. HUMPHREY, 000–00–0000 PENNY F. KOERNER, 000–00–0000 PATRICK M. MC CARTHY, 000–00–0000 DENNIS L. HUNT, 000–00–0000 KENNETH M. KONICKI, 000–00–0000 GAIL M. MC CARTY, 000–00–0000 KERRY M. HUNT, 000–00–0000 BLAISE G. KORDELL, 000–00–0000 RANDALL H. MC CASLAND, 000–00–0000 ROBERT D. HUNT, 000–00–0000 LAINE F. KRAT, 000–00–0000 RICKY J. MC CLARY, 000–00–0000 JOHN H. HUNTER II, 000–00–0000 TIMOTHY J. KREGEL, 000–00–0000 JAMES K. MC CLELLAND, 000–00–0000 PHILLIP J. HUTCHISON, 000–00–0000 THOMAS G. KRENIK, 000–00–0000 BEN MC COLLUM II, 000–00–0000 JAMES L. HYATT III, 000–00–0000 DOUGLAS E. KREULEN, 000–00–0000 PHILIP W. MC DANIEL, 000–00–0000 JEFFREY ILLIG, 000–00–0000 JAMES T. KROLL, 000–00–0000 DIANE M. MC DANIELS, 000–00–0000 KEVIN D. ILLSLEY, 000–00–0000 JOHN C. KUPKO, 000–00–0000 ERNEST P. MC DONALD, 000–00–0000 LACY INGRAM JR., 000–00–0000 VINCENT KUSH, 000–00–0000 JOHN T. MC ELHENNY, 000–00–0000 EDWARD N. IRELAND, 000–00–0000 MUN H. KWON, 000–00–0000 RICHARD P. MC FARLAND, 000–00–0000 MICHAEL W. ISHERWOOD, 000–00–0000 KEVIN M. KYGER, 000–00–0000 MATTHEW G. MC HARG, 000–00–0000 GREGORY G. IUSI, 000–00–0000 KEITH M. LABARGE, 000–00–0000 KEVIN J. MC HENKA, 000–00–0000 COLLIS H. IVERY III, 000–00–0000 MARK D. LACY, 000–00–0000 JEFFREY S. MC INTYRE, 000–00–0000 LEON F. IVESON, 000–00–0000 JOHN M. LAHOFF, 000–00–0000 CHARLES R. MC KEE, 000–00–0000 CATHERINE R. JACKSON, 000–00–0000 ROBERT G. LANG, JR., 000–00–0000 HAROLD W. MC KELVEY, 000–00–0000 FREDERICK R. JACKSON, 000–00–0000 DENNIS H. LANGE, 000–00–0000 MICHAEL A. MC KENNA, 000–00–0000 JOAN E. JACKSON, 000–00–0000 PAUL C. LANGHALS, 000–00–0000 EARL H. MC KINNEY, JR., 000–00–0000 JOHN K. JACKSON, 000–00–0000 PHILIP R. LANGHAM, 000–00–0000 RICHARD B. MC KINNEY, 000–00–0000 LINDA C. JACKSON, 000–00–0000 ROY G. LANIER III, 000–00–0000 ROBERT C. MC KINNEY, 000–00–0000 STEVEN M. JACKSON, 000–00–0000 PAUL A. LAPORTA, 000–00–0000 WILLIAM D. MC KINNEY, 000–00–0000 KEVIN J. JACOBSEN, 000–00–0000 DAVID R. LARIVEE, 000–00–0000 JOHN C. MC KOY, 000–00–0000 RANDALL J. JACOBSON, 000–00–0000 THOMAS E. LAROCK, 000–00–0000 WILLIAM B. MC LENNAN, 000–00–0000 GERARD H. JACQUES, 000–00–0000 HOWARD L. LARSEN II, 000–00–0000 ANNIE M. MC LEOD, 000–00–0000 GLENN E. JAMES, 000–00–0000 MARK S. LARSON, 000–00–0000 RICKY J. MC MAHON, 000–00–0000 HAROLD K. JAMES, 000–00–0000 JOSEPH T. LAUR II, 000–00–0000 PATRICK C. MC MANAMAN, 000–00–0000 JUDITH A. JAMES, 000–00–0000 STEPHEN J. LAUSHINE, 000–00–0000 WILLIAM J. MC MANUS, 000–00–0000 CLARENCE J. JANDT, 000–00–0000 DALE R. LAVIGNE, 000–00–0000 WILLIAM J. MC MENAMIN, 000–00–0000 KARL J. JARANYI, 000–00–0000 WILLIAM E. LAW, JR., 000–00–0000 PATRICK S. MC MICHAEL, 000–00–0000 JAMES R. JEFFRIES, 000–00–0000 GERALD H. LAWRENCE, 000–00–0000 KENNETH N. MC MILLAN, 000–00–0000 JOYCE R. JENKINSHARDEN, 000–00–0000 DAVID G. LAWSON, 000–00–0000 JIMMY E. MC MILLIAN, 000–00–0000 SUSAN J. JENNAWAY, 000–00–0000 DENNIS M. LAYENDECKER, 000–00–0000 JOHN D. MC MONIGLE, 000–00–0000 HANS J. JERRELL, 000–00–0000 ANTHONY J. LAZARSKI, 000–00–0000 PAUL MC MULLIN, 000–00–0000 KENNETH A. JETER, 000–00–0000 CHARLES L. LEAF, 000–00–0000 RICHARD B. MC NABB, 000–00–0000 PHILLIP J. JEWITT, 000–00–0000 MICHAEL B. LEAHY, 000–00–0000 MICHAEL T. MC NEELY, 000–00–0000 ALLAN G. JOHNSON, 000–00–0000 MATTHEW R. LEAVITT, 000–00–0000 RON MC NEILL, 000–00–0000 ANDREW W. JOHNSON, JR., 000–00–0000 ALVIN C. LEE, 000–00–0000 KURT F. MC PHERSON, 000–00–0000 DONALD D. JOHNSON II, 000–00–0000 IRVIN B. LEE, 000–00–0000 MARK A. MEHALIC, 000–00–0000 JAMES G. JOHNSON, 000–00–0000 DAVID M. LEE, 000–00–0000 LEROY D. MEINHARDT, 000–00–0000 KARL M. JOHNSON, 000–00–0000 ROBERT H. LEMMON, JR., 000–00–0000 MICHAEL W. MELENDREZ, 000–00–0000 KENT D. JOHNSON, 000–00–0000 CRAIG A. LENHART, 000–00–0000 PAMELA A. MELROY, 000–00–0000 LARRY H. JOHNSON, 000–00–0000 WALTER B., LENKY, JR., 000–00–0000 JAMES H. MEREDITH, 000–00–0000 LINDLEY N. JOHNSON, 000–00–0000 GERILYN A. LENTINE, 000–00–0000 WILLIAM S. MEREDITH, 000–00–0000 ROBERT E. JOHNSON, 000–00–0000 RICHARD C. LENZ, 000–00–0000 MICHAEL A. MERITT, 000–00–0000 SCOTT L. JOHNSON, 000–00–0000 DANNY L. LEONARD, 000–00–0000 NEAL P. MERO, 000–00–0000 SCOTT W. JOHNSON, 000–00–0000 MARK E. LESAGE, 000–00–0000 MARTY G. MEYER, 000–00–0000 STEVEN H. JOHNSON, 000–00–0000 THOMAS LESTER JR., 000–00–0000 THERESA A. MEYER, 000–00–0000 TIMOTHY J. JOHNSON, 000–00–0000 LARRY E. LETCHER, 000–00–0000 PETER N. MICALE IV, 000–00–0000 TIMOTHY L. JOHNSON, 000–00–0000 ANTHONY V. LEVY, 000–00–0000 LINDA S. MICHAEL, 000–00–0000 RICHARD C. JOHNSTON, 000–00–0000 DAVID J. LEWIS, 000–00–0000 SHEILA P. MICHALKE, 000–00–0000 DENNIS M. JONES, 000–00–0000 JAMES H. LEWIS, 000–00–0000 JANET R. MIDDLETON, 000–00–0000 DONNA K. JONES, 000–00–0000 KEVIN R. LEWIS, 000–00–0000 LYNNE E. MIELKE, 000–00–0000 ERNEST JONES, JR., 000–00–0000 ROBERT C. LEWIS, JR., 000–00–0000 CHARLES F. MILLER, 000–00–0000 HARVEY L. JONES, 000–00–0000 RICHARD A. LHEUREUX, 000–00–0000 DIANA B. MILLER, 000–00–0000 JAMES J. JONES, 000–00–0000 STEVEN W. LINDSEY, 000–00–0000 DOUGLAS C. MILLER, 000–00–0000 MICHAEL A. JONES, 000–00–0000 JOH N. LINK, 000–00–0000 GLEN A. MILLER, 000–00–0000 WILLIAM M. JONES, 000–00–0000 DOUGLAS C. LITTLE, 000–00–0000 JOHN O. MILLER, 000–00–0000 DONALD L. JORDAN, 000–00–0000 SAMUEL LOFTON III, 000–00–0000 JOHN R. MILLER, JR., 000–00–0000 GEORGE E. JORDAN, 000–00–0000 MICHAEL J. LOFTUS, 000–00–0000 PENNY D. MILLER, 000–00–0000 JOHN C. JORDAN, 000–00–0000 KURTIS D. LOHIDE, 000–00–0000 RICHARD L. MILLER, 000–00–0000 REX A. JORDAN, 000–00–0000 ROLLIN A. LOOMIS III, 000–00–0000 TROY S. MILLER, 000–00–0000 MERKEL C. JOSEPH, 000–00–0000 GARY K. LORIMOR, 000–00–0000 MELINDA J. MILLICAN, 000–00–0000 RONALD G. JOSEPH 000–00–0000 MARSHALL K. LOUNSBERRY III, 000–00–0000 CHARLES E. MILLIGAN, 000–00–0000 CAROL L. JUDGE, 000–00–0000 BRUCE W. LOVELY, 000–00–0000 SCOTT EDWARD MINER, 000–00–0000 JAMES E. JUREWICZ, 000–00–0000 PHYLLIS A. LOVING, 000–00–0000 DAVID G. MINSTER, 000–00–0000 NANCY A. KACZOR, 000–00–0000 RALPH W. LOWRY III, 000–00–0000 DAVID G. MINTO, 000–00–0000 BRUCE M. KALISH, 000–00–0000 MARK C. LUA, 000–00–0000 ALVINA K. MITCHELL, 000–00–0000 MELISSA R. KALLETT, 000–00–0000 BETTY L. LUCAS, 000–00–0000 DENNIS R. MITCHELL, 000–00–0000 JAY N. KANAVOS, 000–00–0000 SANDRA J. LUDWIG, 000–00–0000 HENRY MITNAUL, 000–00–0000 MICHAEL C. KANE, 000–00–0000 DAVID R. LUGINBUHL, 000–00–0000 GREG K. MITTELMAN, 000–00–0000 CHUNG C. KANG, 000–00–0000 GEORGE M. LUKER, 000–00–0000 GREGORY D. MOBLEY, 000–00–0000 LANCE KAPLAN, 000–00–0000 TERRY J. LUNDBLAD, 000–00–0000 DENNIS P. MOCORRO, 000–00–0000 JANET C. KARIKA, 000–00–0000 CHARLES D. LUTES, 000–00–0000 CLADA A. MONTEITH, 000–00–0000 KEVIN P. KAROL, 000–00–0000 PERRY G. LUZWICK, 000–00–0000 ELIZABETH A. MOORE, 000–00–0000 MICHAEL E. KAUFHOLD, 000–00–0000 ROBERT M. LYLES, 000–00–0000 ROBERT F. MOORE, 000–00–0000 DAVID W. KEAN, 000–00–0000 HOLLACE D. LYON, 000–00–0000 JUAN MORENO III, 000–00–0000 MICHAEL K. KEANE, 000–00–0000 KATHERINE C.L. MA, 000–00–0000 J.H. MORGAN, JR., 000–00–0000 PHILIP A. KEARLEY, 000–00–0000 THOMAS R. MABRY, 000–00–0000 RONALD E. MORIN, 000–00–0000 KEITH A. KECK, 000–00–0000 DAVID W. MADDEN, 000–00–0000 LYNN M. MORLEY, 000–00–0000 THOMAS A. KEENAN, 000–00–0000 GERARD J. MADIGAN, 000–00–0000 JOHN H. MORRILL, 000–00–0000

VerDate Aug 31 2005 04:13 Jun 22, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S09SE6.REC S09SE6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS September 9, 1996 CONGRESSIONAL RECORD — SENATE S10097

ROBERT B. MORTON, 000–00–0000 PAUL J. PIOTROWSKI, 000–00–0000 CRAIG H. SCHLATTMANN, 000–00–0000 ERIC M. MOSBY, 000–00–0000 DENNIS M. PIPER, 000–00–0000 BRUCE E. SCHMIDT, 000–00–0000 PAUL J. MOSCARELLI, 000–00–0000 DAVID B. PISTILLI, 000–00–0000 JOHN R. SCHNEIDER, 000–00–0000 JOSEPH W. MOSCHLER, JR., 000–00–0000 LAWRENCE E. PITTS, 000–00–0000 PAMELA C. SCHOTT, 000–00–0000 RENE L. MOSLEY, 000–00–0000 JOHN K. PLACE, 000–00–0000 STEVEN C. SCHRADER, 000–00–0000 PATRICK A. MUEHLENWEG, 000–00–0000 DEBRA D. PLANCK, 000–00–0000 RICHARD K. SCHUFF, 000–00–0000 BRYAN F. MULLER, 000–00–0000 GREGG A. PIOTRAS, 000–00–0000 DENISE I. SCHULTZ, 000–00–0000 JOAN M. MUMAW, 000–00–0000 MICHAEL E. POOLE, 000–00–0000 CHARLES T. SCOTT, 000–00–0000 SAMUEL S. MUMAW, 000–00–0000 LORAINE M. POPE, 000–00–0000 DAVID P. SCOTT, 000–00–0000 WILLIAM G. MUNLEY, JR., 000–00–0000 MICHAEL W. POPE, 000–00–0000 GLENN M. SCOTT, 000–00–0000 MELVIN H. MURRAY, 000–00–0000 KENNETH M. POPELAS, 000–00–0000 MICHAEL R. SCOTT, 000–00–0000 THORNE A. MURRELL, 000–00–0000 REX LEE PORTER, 000–00–0000 JOSEPH S. SCRENCI, JR., 000–00–0000 MICHAEL MUSTAFAGA, 000–00–0000 JAMES E. POWELL, 000–00–0000 ROBERT H. SEABERG, 000–00–0000 STEVEN W. NACHTWEY, 000–00–0000 JOHN C. POWELL, 000–00–0000 GEORGE G. SEAMAN, 000–00–0000 SAMUEL F. NEAL, 000–00–0000 JOHN B. PREISINGER, 000–00–0000 STEVEN R.F. SEARCY, 000–00–0000 NANCY L. NEEDHAM, 000–00–0000 STEPHEN PRETESKA, JR., 000–00–0000 CHRISTOPHER A. SEAVER, 000–00–0000 JOHN A. NEELY, 000–00–0000 CRAIG J. PRICE, 000–00–0000 MARK E. SECAN, 000–00–0000 ROBERT A. NEGLESS, 000–00–0000 WALTER R. PRICE, 000–00–0000 JOSEF SEIDL, 000–00–0000 BARBARA K. NELSON, 000–00–0000 ALAN D. PRIDDY, 000–00–0000 MATTHEW T. SEITZ, 000–00–0000 DAVID M. NELSON, 000–00–0000 PHILLIP D. PROSSEDA, 000–00–0000 ALTON L. SELF, JR., 000–00–0000 JOHN D. NELSON, 000–00–0000 MICHAEL J. PRUSZ, 000–00–0000 ERIC M. SEPP, 000–00–0000 PAUL W. NELSON, 000–00–0000 BENJAMIN F. PULSIFER, 000–00–0000 JOHN G. SETTER, JR., 000–00–0000 TERI C. NETTER, 000–00–0000 CARL J. PUNTURERI, 000–00–0000 BERNARD L. SHALZ, JR., 000–00–0000 KURT F. NEUBAUER, 000–00–0000 LESLIE B. QUEEN, 000–00–0000 DEAN E. SHARP, 000–00–0000 FRANCIS G. NEUBECK, JR., 000–00–0000 GERARD J. QUENNEVILLE, 000–00–0000 PATRICK M. SHAW, 000–00–0000 DAVID M. NEUENSWANDER, 000–00–0000 STEPHEN W. QUINN, 000–00–0000 HOWARD R. SHELWOOD, 000–00–0000 BENJAMIN A.F. NEW, 000–00–0000 CURTIS G RACKLEY, 000–00–0000 KENT I. SHEPHERD, 000–00–0000 GEORGE A. NEWBERRY, 000–00–0000 NEIL E. RADER, 000–00–0000 MICHAEL ALLEN SHEPHERD, 000–00–0000 JEFFREY L. NEWMAN, 000–00–0000 STEVEN M. RAINEY, 000–00–0000 CHRISTIAN L. SHIPPEY, 000–00–0000 RICHARD W. NEWMAN, 000–00–0000 DARIO O. RAMIREZ, 000–00–0000 DALE T. SHIRASAGO, 000–00–0000 LINDA NICHOLAS, 000–00–0000 SAMUEL W. RAMPEY, 000–00–0000 THOMAS A. SHIRCLIFF, JR., 000–00–0000 DAVID J. NICHOLLS, 000–00–0000 GAIL S. RAMSAY, 000–00–0000 HERBERT E. SHIREY, 000–00–0000 JANET E. NICHOLS, 000–00–0000 JOHN R. RANCK, JR., 000–00–0000 JERALD S. SHIVER, 000–00–0000 JEFFREY A. NICKERSON, 000–00–0000 JIMASON J. RAND, 000–00–0000 ROBERT C. SHOFNER, 000–00–0000 RITA F. NOBLES, 000–00–0000 BOBBIE L. RANDALL, 000–00–0000 WELDON B. SHOFNER, 000–00–0000 JOHN A. NOLAN, 000–00–0000 DOUGLAS S. RATTERREE, 000–00–0000 BRIAN J. SHOOK, 000–00–0000 KEVIN B. NOONAN, 000–00–0000 JEFFEREY W. RAY, 000–00–0000 JAMES T. SILVA, 000–00–0000 THOMAS J. NORBUTUS, 000–00–0000 MICHAEL K. REARDON, 000–00–0000 MARK SIME, 000–00–0000 JAMES J. NORRIX, 000–00–0000 CHRIS A. REASNER, 000–00–0000 ROBERT K. SIMM, JR., 000–00–0000 KARIN DECKER NOSS, 000–00–0000 ROBERT K. REBO, 000–00–0000 ROBIN A. SIMMONS, 000–00–0000 KEVIN M. NOVAK, 000–00–0000 HELMUT H. REDA, 000–00–0000 DAVID A. SIMMS, 000–00–0000 CARL A. NOWACK, 000–00–0000 CHARLES D. REED, 000–00–0000 ALBERT J. SIMON, 000–00–0000 MARK C. NOYES, 000–00–0000 SHELTA D. REESE, 000–00–0000 JOHN H. SIMS, 000–00–0000 RANDY J. NUNLEY, 000–00–0000 DAN H. REICHEL, 000–00–0000 MARC L. SIMS, 000–00–0000 THOMAS R. O’BOYLE, 000–00–0000 MARK A. REID, 000–00–0000 RAYMOND H. SIMS, JR., 000–00–0000 EDWARD C. O’DELL, 000–00–0000 MARK F. REIDINGER, 000–00–0000 WILLIAM R. SIMS, JR., 000–00–0000 ALVIN T. O’DOM, 000–00–0000 ALBERT J. RESPRESS, 000–00–0000 KENNETH W. SINGLETON, 000–00–0000 PHILIP M. ODOM, 000–00–0000 NANCY E. RICE, 000–00–0000 JOHN C. SINGSAAS, 000–00–0000 DAVID D. O’DONNELL, 000–00–0000 JAMES D. RICHARDSON, JR., 000–00–0000 MICHAEL J. SINISI, 000–00–0000 CHRISTOPHER E. O’HARA, 000–00–0000 RENWICK W. RICHARDSON, SR., 000–00–0000 GARRY E. SITZE, 000–00–0000 GEOFFREY S. OLIVER, 000–00–0000 MICHAEL O. RIDDLE, 000–00–0000 EUGENE R. SKELLY, 000–00–0000 KENNETH M. OLS, 000–00–0000 DENISE RIDGWAY, 000–00–0000 JAMES R. SKOTNICKI, 000–00–0000 BARRY N. OLSON, 000–00–0000 PATRICIA F. RIDGWAY, 000–00–0000 CAROLYN V. SMALL, 000–00–0000 CRAIG S. OLSON, 000–00–0000 CURTIS RIDLEY, JR., 000–00–0000 MICHAEL G. SMELLIE, 000–00–0000 EUGENE K. ONALE, 000–00–0000 KEVIN B. RIEHL, 000–00–0000 ANTHONY J. SMITH, 000–00–0000 BARRY W. O’NEAL, 000–00–0000 TIMOTHY N. RIES, 000–00–0000 DAVID L. SMITH, 000–00–0000 CRAIG A. O’NEAL, 000–00–0000 WILLIAM F. RILEY, 000–00–0000 DEAN A. SMITH, 000–00–0000 ROBERT A. O’NEILL, 000–00–0000 STEVEN M. RINALDI, 000–00–0000 DEBRA A. SMITH, 000–00–0000 HARRY N. OPEL, 000–00–0000 DAVID P. RIPLEY, 000–00–0000 DOUGLAS W. SMITH, 000–00–0000 SAMUEL R. OPPELAAR, JR., 000–00–0000 THOMAS K. RISHER, 000–00–0000 KEITH E. SMITH, 000–00–0000 PHILIP A. OPPENHEIMER, 000–00–0000 THOMAS E. RITCHIE, 000–00–0000 KEVIN B. SMITH, 000–00–0000 JOHN T. ORSATO, 000–00–0000 MARITZA RIVERA, 000–00–0000 MICHAEL D. SMITH, 000–00–0000 JAMES P. OSBORN, 000–00–0000 PHILIP D. ROBERTS, 000–00–0000 PATRICK L. SMITH, 000–00–0000 RICHARD O. OSMUN, 000–00–0000 RAYMOND A. ROBIDOUX, JR., 000–00–0000 PATRICK T. SMITH, 000–00–0000 PATRICK G. OSTEEN, 000–00–0000 JANE A. ROBINSON, 000–00–0000 PAUL G. SMITH, 000–00–0000 SHANE OSTROM, 000–00–0000 JOSEPH L. ROBINSON, 000–00–0000 PHILIP SMITH, 000–00–0000 DIANE M. OSWALD, 000–00–0000 STEPHANIE A. ROBINSON, 000–00–0000 ROBERT L. SMITH, JR., 000–00–0000 KEITH T. OTSUKA, 000–00–0000 ROLANDO P. ROBLES, 000–00–0000 RONALD C. SMITH, 000–00–0000 FRANK L. OTT II, 000–00–0000 RICHARD C. ROCHE, 000–00–0000 TALLY E. SMITH, 000–00–0000 MICHAEL W. OTTERBLAD, 000–00–0000 JEFFREY B. ROCHELLE, 000–00–0000 TIMOTHY D. SMITH, 000–00–0000 GREGORY S. OWEN, 000–00–0000 ANTHONY J. ROCK, 000–00–0000 WILBURN W.L. SMITH, 000–00–0000 JAMES L. OWENS, 000–00–0000 KENNETH F. RODRIGUEZ, 000–00–0000 REX K. SNIDER, JR., 000–00–0000 WILLIAM J. OWENS, 000–00–0000 PACIFICO L. RODRIGUEZ, 000–00–0000 THOMAS E. SNODGRASS, 000–00–0000 PAUL J. PABICH, 000–00–0000 DAVID G. ROE, 000–00–0000 LETITIA J. SNOOK, 000–00–0000 MARC L. PAGLIARO, 000–00–0000 ANDREW P. ROGERS, 000–00–0000 NANCY D. SNYDER, 000–00–0000 WILLIAM G. PALMBY, 000–00–0000 BRYAN D. ROGERS, 000–00–0000 VINCENT R. SNYDER, 000–00–0000 ROLF S. PALMER, 000–00–0000 DAVID W. ROGERS, 000–00–0000 WILLIAM G. SNYDER, 000–00–0000 ANTHONY A. PANEK, 000–00–0000 DONNA L. ROGERS, 000–00–0000 MARK S. SOBOTA, 000–00–0000 ANDREW W. PAPP, 000–00–0000 ROSS E. ROLEY, 000–00–0000 JOYCE F. SOHOTRA, 000–00–0000 SCOTT R. PAPP, 000–00–0000 HARRY D. ROSS, 000–00–0000 DONALD W. SOLANO, 000–00–0000 SUSAN T. PARDO, 000–00–0000 JOHN A. ROSS, 000–00–0000 ROBERT M. SONNEMANN, 000–00–0000 JOHN I. PARISH, 000–00–0000 SUSAN C. ROSS, 000–00–0000 THOMAS H. SOSZYNSKI, 000–00–0000 GREGORY A. PARKER, 000–00–0000 MARCIA ROSSI, 000–00–0000 JUAN R. SOTOMAYOR, 000–00–0000 KATHY I. PARKER, 000–00–0000 DAVID L. ROTHWELL, 000–00–0000 GILLIAM D. SOUTHARD, 000–00–0000 MARY H. PARKER, 000–00–0000 MICHAEL A. ROUND, 000–00–0000 ANNABEL S. SPARKMAN, 000–00–0000 RANDALL N. PASCHALL, 000–00–0000 R. J. ROUSE, 000–00–0000 DAVID L. SPEAKMON, 000–00–0000 ROBERT N. PASE, JR., 000–00–0000 DAVID A. ROWE, 000–00–0000 EVELYN M. SPENCE, 000–00–0000 RICHARD M. PATENAUDE, 000–00–0000 REBECCA S. ROWLAND, 000–00–0000 THOMAS R. SPICER, 000–00–0000 DAVID J. PATRICK, 000–00–0000 LAURENCE K. RUCKER, 000–00–0000 TERRY L. SPITZMILLER, 000–00–0000 LEONARD A. PATRICK, 000–00–0000 CLETUS G. RUDD, 000–00–0000 ROBERT P. SPRACALE, 000–00–0000 HERMANSKI PATTERSON, 000–00–0000 JOHN K. RUDOLPH, 000–00–0000 HERMAN L. SPRINGER, JR., 000–00–0000 JAMES W. PATTERSON, JR., 000–00–0000 MICHAEL C. RUFF, 000–00–0000 MARY L. STALEY, 000–00–0000 JOSEPH W. PATTERSON, 000–00–0000 WILLIAM J. RUMPEL, 000–00–0000 ANDREW B. STANFORD, 000–00–0000 SUSAN L. PATTERSON, 000–00–0000 JONI M. RUSS, 000–00–0000 MARK A. STANK, 000–00–0000 WAYLAND H. PATTERSON, 000–00–0000 TIMOTHY M. RUSSELL, 000–00–0000 JULIE K. STANLEY, 000–00–0000 JEFFREY A. PAULK, 000–00–0000 JEFFREY J. RUST, 000–00–0000 CHARLES W. STANSBERRY, JR., 000–00–0000 ANTHONY E. PAULSON, 000–00–0000 KEVIN W. RYAN, 000–00–0000 JOHN W. STARKEY, 000–00–0000 JAMES R. PAVLISIN, 000–00–0000 GOERGE M. SAFKO, 000–00–0000 ROBERT J. STEELE, 000–00–0000 CHANNON K. PAYNE, 000–00–0000 TIMOTHY J. SAKULICH, 000–00–0000 DAVID D. STEINFIELD, 000–00–0000 GLENN R. PAYNE, 000–00–0000 GILBERT L. SAMRENY, 000–00–0000 TYRONE R. STEPHENS, 000–00–0000 ARTHUR W. PEADEN, 000–00–0000 ALFRED SANCHEZ, 000–00–0000 MARK R. STEVENS, 000–00–0000 JAMES D. PECK, 000–00–0000 MARLIN L. SANDER, 000–00–0000 BRADLEY R. STEWART, 000–00–0000 JOSEPH S. PECK, 000–00–0000 ROY J. SANDERS, 000–00–0000 JACK S. STEWART, 000–00–0000 ERIC M. PELL, 000–00–0000 HARL H. SANDERSON, JR., 000–00–0000 ROBERT G. STIEGEL, 000–00–0000 DAVID E. PERALES, 000–00–0000 JUDY A. SANDOR, 000–00–0000 PETER V. STIGLICH, 000–00–0000 ROBERT B. PERDEW, JR., 000–00–0000 PETER G. SANDS, 000–00–0000 SCOTT R. STIMPERT, 000–00–0000 CHARLES PEREZ, 000–00–0000 NICHOLAS A. SANTANGELO, 000–00–0000 DAN J. STIVER, 000–00–0000 GLENN P. PERRAM, 000–00–0000 JOHN A. SARAKATSANNIS, 000–00–0000 PAULA M. STOEHR, 000–00–0000 CLAYTON H. PERRY, 000–00–0000 JAMES E. SAULTZ, JR., 000–00–0000 JOSEPH M. STOKER, 000–00–0000 MARK R. PERUSSE, 000–00–0000 DANIEL G. SAVILLE, 000–00–0000 TONY G. STONE, 000–00–0000 JOHN C. PETERSON, 000–00–0000 MICHAEL J. SCACCA, 000–00–0000 MARK R. STOUT, 000–00–0000 TERRY L. PETERSON, 000–00–0000 RICHARD C. SCARBROCK, 000–00–0000 STEVEN C. STREIFFERT, 000–00–0000 RICHARD J. PETRASSI, 000–00–0000 WILLIAM A. SCHAAKE, 000–00–0000 STEVEN C. SUDDARTH, 000–00–0000 JAMES A. PETTIGREW, III, 000–00–0000 CINDY L. SCHAEFER, 000–00–0000 MARC SUKOLSKY, 000–00–0000 CHARLES D. PHILLIPS, 000–00–0000 ROWAYNE A. SCHATZ, JR. 000–00–0000 MARK P. SULLIVAN, 000–00–0000 ANDREW L. PICKENS, JR., 000–00–0000 YVONNE E. SCHILZ, 000–00–0000 ROBERT E. SUMINSBY, 000–00–0000 KENNETH D. PICKLER, 000–00–0000 MICHAEL J. SCHISSEL, 000–00–0000 THOMAS D. SUMMERS II, 000–00–0000

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GLENN A. SWILLING, 000–00–0000 JONATHAN D. VANGUILDER, 000–00–0000 RICHARD G. WHITE, JR., 000–00–0000 JOHN D. SWINDOLL, 000–00–0000 DAVID W. VANWAGONER, 000–00–0000 GREGORY S. WIEBE, 000–00–0000 RANDALL L. SYKES, 000–00–0000 EDUARDO L. VARGAS, 000–00–0000 DENNIS R. WIER, 000–00–0000 PETER J. SZYJKA, 000–00–0000 MARJORIE L. VARUSKA, 000–00–0000 BURTON D. WIGGINS, 000–00–0000 MARK B. TAPPER, 000–00–0000 TEDDY T. VARWIG, 000–00–0000 JOHN S. WILCOX, 000–00–0000 MICHAEL S. TARLETON, 000–00–0000 PEDRO VASQUEZ, JR., 000–00–0000 KAREN S. WILHELM, 000–00–0000 DAVIDSON FLORA M. TATE, 000–00–0000 MICHAEL G. VAUGHN, 000–00–0000 JAMES E. WILHITE, 000–00–0000 MARC D. TAUB, 000–00–0000 JULIO A. VELA, 000–00–0000 RODNEY L. WILKINSON, 000–00–0000 CAROL A. TAYLOR, 000–00–0000 WILLIAM M. VENABLE, 000–00–0000 BARRY M. WILLIAMS, 000–00–0000 DENISE S. TAYLOR, 000–00–0000 JOHN VENEZIANO, 000–00–0000 BRETT T. WILLIAMS, 000–00–0000 IRA T. TAYLOR, JR., 000–00–0000 MICHAEL G. VIDAL, 000–00–0000 DAVID J. WILLIAMS, 000–00–0000 JETT R. TAYLOR, 000–00–0000 STEPHEN G. VISCO, 000–00–0000 KENNETH A. WILLIAMS, JR., 000–00–0000 KENT TAYLOR, 000–00–0000 JOSEPH H. VIVORI, 000–00–0000 MARK A. WILLIAMS, 000–00–0000 RANDY D. TAYLOR, 000–00–0000 GEORGE C. VOGT, 000–00–0000 RANDOLPH S. WILLIAMS, 000–00–0000 ROBERT E. TAYLOR, 000–00–0000 DAVID M. VOTIPKA, 000–00–0000 ROBERT C. WILLIAMS, 000–00–0000 DAVID L. TERRELL, 000–00–0000 ROBERT P. VOZZOLA, 000–00–0000 TERESA E. WILLIAMS, 000–00–0000 DAVID A. TERRY, 000–00–0000 ANDREW WALKER, 000–00–0000 WILLIE J. WILLIAMS, 000–00–0000 HARRY J. TETI, 000–00–0000 DANIEL R. WALKER, 000–00–0000 DANA N. WILLIS, 000–00–0000 PAUL L. THEE, 000–00–0000 LARRY L. WALKER, 000–00–0000 MICHAEL F. THEECK, 000–00–0000 SAMUEL J. WALKER, 000–00–0000 CARL L. WILSON, 000–00–0000 GUY C. THOMPSON, 000–00–0000 SAMUEL M. WALKER, 000–00–0000 GREGORY WILSON, 000–00–0000 THOMAS B. THOMPSON, 000–00–0000 THOMAS C. WALKER, 000–00–0000 JOHN L. WILSON, 000–00–0000 NAT THONGCHUA, 000–00–0000 BYRON H. WALL, 000–00–0000 JON C. WILSON, 000–00–0000 VIKKI A. THRASHER, 000–00–0000 DAVID J. WALLACE, 000–00–0000 MYRTISTENE H. WILSON, 000–00–0000 DAVID L. THURSTON, 000–00–0000 ROBERT W. WALLACE, 000–00–0000 ROBERT A. WILSON, 000–00–0000 DONNA M. TIEFENBACH, 000–00–0000 MARGIE L. WALLING, 000–00–0000 ROBERT T. WIMPLE, JR., 000–00–0000 FRED L. TINDALL, JR., 000–00–0000 RANDALL M. WALLS, 000–00–0000 KATHLEEN M. WINTERS, 000–00–0000 DANNY R. TIPTON, 000–00–0000 DONALD E. WALTERS, 000–00–0000 ROBERT S, WINTERS, 000–00–0000 JONATHAN K. TITUS, 000–00–0000 GLENN WALTERS, 000–00–0000 MICHAEL C. WITHERS, 000–00–0000 ROBERTA M. TOMASINI, 000–00–0000 KATHY D. WARD, 000–00–0000 MARK H. WITT, 000–00–0000 BONITA J. TONEY, 000–00–0000 MICHAEL L. PAUL WARD, 000–00–0000 CLETUS F. WITTER, 000–00–0000 LINDA E. TORRENS, 000–00–0000 PATRICK M. WARD, 000–00–0000 JOHN K. WOJAHN, 000–00–0000 GREGORY J. TOUHILL, 000–00–0000 SYLVIA C. WARDLEYNIEMI, 000–00–0000 RICK S. WOLAVER, 000–00–0000 PATRICK R. TOWER, 000–00–0000 VICTOR L. WARZINSKI, 000–00–0000 SIFES W. WOLE, JR., 000–00–0000 BRUCE C. TOWNSEND, 000–00–0000 LARRY S. WASHINGTON, 000–00–0000 CHARLES W. WOLF, JR., 000–00–0000 MARK P. TRANSUE, 000–00–0000 MARK R. WASSERMAN, 000–00–0000 CAROL J. WOLOSZ, 000–00–0000 RICHARD K. TRASTER, 000–00–0000 STEVEN C. WATERS, 000–00–0000 TOD D. WOLTERS, 000–00–0000 RICHARD C. TREASURE, JR., 000–00–0000 JONATHAN J. WATKINS, 000–00–0000 MICHAEL P. WOLTZ, 000–00–0000 MICHAEL S. TRIMBOLI, 000–00–0000 JAMES M. WAURISHUK, JR., 000–00–0000 RONALD B. WOOD, 000–00–0000 DEAN N. TRUDEAU, 000–00–0000 MARK P. WEADON, 000–00–0000 MARGARET H. WOODWARD, 000–00–0000 TIMOTHY P. TRUSK, 000–00–0000 BARBARA T. WEAVER, 000–00–0000 LETEITA S. WOOTEN, 000–00–0000 DOUGLAS K. TUCKER, 000–00–0000 ROGER E. WEAVER, 000–00–0000 BEVERLY C. WRIGHT, 000–00–0000 JOHN A. TULEY, 000–00–0000 GARY C. WEBB, 000–00–0000 DALE L. WRIGHT, 000–00–0000 GEORGE FRANCIS TURNER II, 000–00–0000 MICHAEL J. WEBB, 000–00–0000 MARK D. WRIGHT, 000–00–0000 GUY D. TURNER, 000–00–0000 AVA N. WEBBSHARPLESS, 000–00–0000 RICHARD L. WRIGHT, JR., 000–00–0000 JAMES C. TURNER, 000–00–0000 SCOTT D. WEBER, 000–00–0000 PAUL D. WUEBOLD, 000–00–0000 JAMES F. TURNER, 000–00–0000 TERRY L. WEBSTER, 000–00–0000 BRENT T. YAMAUCHI, 000–00–0000 PAUL N. TURNER, 000–00–0000 DONALD C. WECKHORST, 000–00–0000 DANIEL S. YINGER, 000–00–0000 RANDY K. TURNER, 000–00–0000 ANTHONY M. WEIGAND, 000–00–0000 KEITH YOCKEY, 000–00–0000 TERESA G. TURNER, 000–00–0000 JACK WEINSTEIN, 000–00–0000 THOMAS L. YODER, 000–00–0000 DAVID M. TYE, 000–00–0000 CHARLES A. WEISS, 000–00–0000 KIRK A. YOST, 000–00–0000 TRACY E. TYNAN, 000–00–0000 ANN L. WELLS, 000–00–0000 DAVID E. YOUKER, 000–00–0000 DWIGHT P. TYNES, 000–00–0000 JAMES J. WENDLING, 000–00–0000 GREGORY A. YOUNG, 000–00–0000 JAMES N. TYSON, 000–00–0000 WAYNE H. WENTZ, 000–00–0000 GREGORY R. YOUNG, 000–00–0000 JOSEPH F. UDEMI, 000–00–0000 STEPHEN J. WERNER, 000–00–0000 DAVID E. YOW, 000–00–0000 EDWARD T. UNANGST, JR., 000–00–0000 CHERYL A. WEST, 000–00–0000 THOMAS E. ZAJAC, 000–00–0000 DAVID K. UNDERWOOD, 000–00–0000 WILLIAM F. WEST, JR., 000–00–0000 GILBERT ZAMORA, JR., 000–00–0000 DAVID R. UNDERWOOD, 000–00–0000 EDGAR S. WESTERLUND, 000–00–0000 ROBERT ZAPATA, 000–00–0000 ROBERT A. UPSHUR, JR., 000–00–0000 DONALD E. WETER, 000–00–0000 RODERICK C. ZASTROW, 000–00–0000 SHERYL M. UTHE, 000–00–0000 SANDRA A. WHEELER, 000–00–0000 JOSEPH M. ZAUBI, 000–00–0000 CHARLES T. UYEDA, JR., 000–00–0000 SCOTT L. WHEELER, 000–00–0000 DAVID J. ZDENEK, 000–00–0000 PETER M. VACCARO, 000–00–0000 SAMUEL K. WHILDING, 000–00–0000 ROBERT H. ZEIGLER, 000–00–0000 ALAN H. VAFIDES, 000–00–0000 RANDY L. WHIPPLE, 000–00–0000 MICHAEL P. ZEPF, 000–00–0000 DAVID A. VALLADO, 000–00–0000 GREGORY B. WHITE, 000–00–0000 STEPHEN B. ZIEHMN, 000–00–0000 PAUL J. VANCHERI, 000–00–0000 JOHN V. WHITE, 000–00–0000 HERBERT R. ZUCKER, 000–00–0000

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46TH ANNIVERSARY OF TEMAS residents of Hudson County for many years. ASPIRA grew fast and is now one of the most MAGAZINE She has worked for the Jersey City Public Li- influential organizations helping the Hispanic brary for 25 years, and is very much involved community. Currently, ASPIRA has chapters in HON. LINCOLN DIAZ-BALART with adapting the library to new technologies New York, New Jersey, Pennsylvania, Florida, OF FLORIDA in order to make it as beneficial as possible to and Puerto Rico. IN THE HOUSE OF REPRESENTATIVES the community. Ms. Lovero's love for Hudson Pantoja's work was just starting. She went Monday, September 9, 1996 County is evinced in her 1986 book, ``Hudson to teach at the Columbia University School of County: The Left Bank.'' A longtime admirer of Social Work as an associate professor. Later Mr. DIAZ-BALART. Mr. Speaker, in com- Hudson County's first Congresswoman, Mary on she worked on her doctorate project, the memorating the 46th year of the first edition of T. Norton, she continues to write various arti- establishment of a university in Washington, TEMAS magazine, I would like to extend my cles on the late Congresswoman and Hudson DC, to serve Puerto Rican students in the sincerest congratulations for the wonderful job County. United States. Universidad Boricula served as that for these more than four decades TEMAS It is an honor to have these three excep- a repository of information on Puerto Rican has performed for Spanish-speaking commu- tional individuals residing in my district. I ask studiesÐits history, culture, and the commu- nities throughout the United States. my colleagues to join me in the recognition of nity itself. Most recently, Dr. Pantoja estab- TEMAS' philosophy, under expert super- Martha Lewin, Yvonne Bryant, and Joan lished the organization Producir to help in the vision and with the collaboration of a distin- Doherty Lovero's lifelong commitment to their community development of the workers' neigh- guished staff, has always contributed to social community. borhoods or barrios in Puerto Rico. peace in our communities, progress and broth- f Her desire to serve the community is dem- erhood within our diverse society. People of all onstrated in many committees and boards on ethnic backgrounds invariably find an effective TRIBUTE TO DR. ANTONIA which she has served throughout her career. and honest fighter for their rights in TEMAS. PANTOJA Dr. Pantoja was a member at large of the For all this, and much more, I would like to Constitutional Convention of New York State. publicly congratulate TEMAS and pledge my HON. JOSE´ E. SERRANO At the convention, she was the chairperson of continued support for their efforts. I wish Ana OF NEW YORK the subcommittee that wrote the article on Perera, her staff, and TEMAS continued suc- IN THE HOUSE OF REPRESENTATIVES education opportunities and the article on job cess and good fortune. economic development. She also worked on Monday, September 9, 1996 f the decentralization of New York City schools. IN HONOR OF THE MARY T. NOR- Mr. SERRANO. Mr. Speaker, I rise to pay Among many other memberships, Dr. TON MEMORIAL AWARD RECIPI- tribute to Dr. Antonia Pantoja who will be hon- Pantoja also served as a commissioner for the ENTS ored today by President Bill Clinton with the Study Commission for Undergraduate Edu- Presidential Medal of Freedom. cation and the Education of Teachers. She HON. ROBERT MENENDEZ Dr. Pantoja is the first Puerto Rican woman was a member of the Evaluation Committee of to receive this Presidential award. She is the National Endowment for the Arts and of OF NEW JERSEY being honored for her lifetime achievements in the National Endowment for the Humanities. IN THE HOUSE OF REPRESENTATIVES the creation and development of numerous or- She was awarded a doctorate degree, Honoris Monday, September 9, 1996 ganizations to serve the Puerto Rican commu- Causa, from the City University of New York, Mr. MENENDEZ. Mr. Speaker, I rise today nity. Queens College School of Law. to pay tribute to three outstanding citizens: Dr. Pantoja was born in San Juan, PR. She Dr. Pantoja has been honored with the Ellis Martha Lewin, Yvonne Bryant, and Joan lived with her grandfather, a cigar maker, in Island Medal of Liberty, the National Puerto Doherty Lovero. These women will be honored the workers' neighborhood of Barrio Obrero. Rican Coalition Life Achievement Award, the for their invaluable contributions to their com- From her grandparents she learned the value Hispanic Heritage Award, the U.S. Hispanic munity with the Congresswoman Mary T. Nor- of workers' unions and their ability to achieve Congress Hero Award, and the John W. Gard- ton Memorial Award on September 16, 1996 common goals. She witnessed first hand a ner Leadership Award from Independent Sec- at the Meadowlands Hilton. successful strike of cigar makers that helped tor, among other awards. Ms. Martha Lewis has a long record of serv- improve working conditions. Dr. Pantoja has dedicated her life to the ad- ice in Hudson County, NJ. Since 1974, she Pantoja's parents taught her the importance vancement of the Puerto Rican community, to has been part of the senior management for of education. Young Pantoja completed a 2- education and the betterment of community the YWCA of Hudson County, a unique pro- year degree at the University of Puerto Rico relations. Her extraordinary life is an example vider of counseling, guidance, and support for and soon afterward she started teaching in the of achievement through leadership, persever- more than 1,000 Hudson County families. Ms. rural neighborhoods of Puerto Rico. Although ance, and faith in your own abilities. Lewis also acts as a voice for her Jersey City she loved teaching, the pay was very low. Mr. Speaker, I ask my colleagues to join me community as a member of the executive and In 1944, she came to New York City in in recognizing Dr. Antonia Pantoja, for her life advocacy committees of the Non Profit Afford- search of a better economic future for her of achievements helping our Puerto Rican able Housing Network of Corporations, the family. She moved to the Bronx and started community, New York, and the Nation. York Street Project Board, and the Hudson working as a welder in a factory. Soon she f County Coalition of Non Profit Corporations. witnessed the struggles of the Puerto Rican For 30 years, Ms. Martha Lewis has worked to community and the lack of opportunities to im- A TRIBUTE TO CLIFFORD JONES— make a difference in her community. prove their economic conditions. LIFETIME ACHIEVEMENT AWARD Ms. Yvonne Bryant has led a life dedicated She found a job at a community center, to serving others. She has worked for the So- which enabled her to attend Hunter College HON. WILLIAM F. GOODLING cial Security Administration in the Philadelphia and complete her bachelor's degree in social OF PENNSYLVANIA area and today acts as the district manager work. Full of aspirations for her Puerto Rican IN THE HOUSE OF REPRESENTATIVES for the Social Security Administration in Hud- community, Pantoja founded the Puerto Rican son County. She served as the chairperson of Forum, an organization that would assist in Monday, September 9, 1996 the New York Region's Women's Committee the creation of Puerto Rican institutions. Mr. GOODLING. Mr. Speaker, today, I rise as well as a volunteer in various community The Puerto Rican Forum led to the creation to honor Clifford Jones who will receive the organizations. of ASPIRA, an agency to help Puerto Rican Lifetime Achievement Award from the B'nai Ms. Joan Doherty Lovero holds a true love youth focus in their studies and obtain higher B'rith Foundation of the United States on Sep- for learning and has shared that love with the education. Under Pantoja's leadership, tember 10, 1996.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1542 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1996 B'nai B'rith chose Clifford Jones as the 1996 HONORING UKRAINE eral secretary of the Human Rights Wing, recipient of this prestigious award for his self- Shiromani Akali Dal. For 1 year, Mr. Khalra less dedication to the betterment of the people HON. LUIS V. GUTIERREZ has been subjected to imprisonment and tor- of the Commonwealth of Pennsylvania. OF ILLINOIS ture in the world's largest democracy. What did Mr. Khalra do to deserve such a Whether it was in the private or public sector, IN THE HOUSE OF REPRESENTATIVES he gave his very best to improve the quality of fate? He exposed the brutal tyranny of the re- life for all Pennsylvanians. Monday, September 9, 1996 gime. Mr. Khalra published a report in which In serving three Pennsylvania Governors in Mr. GUTIERREZ. Mr. Speaker, I rise today he exposed the fact that more than 25,000 three cabinet positions, Cliff set a standard of to honor our friend and ally, Ukraine, as it Sikhs have been abducted by the regime, tor- excellence in commerce, industry, and the en- heads into its sixth year of self-rule. On Au- tured, murdered, and then cremated after their vironment for all future Pennsylvania cabinet gust 23, the people of Kiev (Kyiv) and their bodies were declared unidentified. Many fami- members. One of his greatest achievements countrymen throughout Ukraine celebrated lies are still waiting for some word on their as a public servant was his pivotal role in forg- independence with parades and festivals. loved ones. The cremations were to cover up ing a coalition of support for passage of the They were joined by thousands of Americans the responsibility of the police. Mr. Khalra is in the custody of the intel- State's original Hazardous Waste Act. and Canadians of Ukrainian descent, from Chicago to Calgary, who expressed their ligence bureau. An eyewitness has confirmed Cliff also played an important role in Penn- that he has been tortured severely. He was unyielding support for their ancestral home- sylvania politics, serving as chairman of the threatened by the Tarn Taran police chief, Ajit land and the hope that democracy and free- Republican Party of Pennsylvania and presi- Sandhu, after publishing his report. ``We made dom will continue to prosper there. dent of Pennsylvanians for Effective Govern- 25,000 disappear,'' Mr. Sandhu told him. ``It On this fifth anniversary of Ukrainian inde- ment. He has long been active in the pursuit would not be hard to make one more dis- pendence, I believe the Ukrainian people have of quality legislative candidates. There are appear.'' This is a clear threat to Mr. Khalra many in the Pennsylvania Legislature who much to celebrate. While Ukraine is still ad- and all others who might expose the Indian re- were discovered and recruited by Cliff. justing from economic centralization and con- gime. Is this how India defines freedom of He helped to retain and recruit business to trol to a more liberalized market system, eco- speech? Pennsylvania as president of the Pennsylvania nomic growth has been gradually improving. Mr. Speaker, the kidnaping of Jaswant Chamber of Business and Industry and transi- Democratic institutions and traditions are slow- Singh Khalra is just one of many examples of tion president for Capitol Region Economic ly taking root in this land. India's tyranny against the Sikhs and others Development Corp. He recently received the The critics who predicated the collapse of who are outside the rigid caste system. Their ``Entrepreneur of the Year'' award for his sup- the Ukrainian economy in the early 1990's and national integrity and their basic human rights port of entrepreneurship to add to his collec- a return to authoritarian rule and a centrally are violated on a daily basis. America is the tion of awards for many worthy causes. controlled economy, have been proven wrong. conscience of the world. It is our responsibility While much of Cliff's career has centered This alone is reason to celebrate, for sur- to oppose this kind of oppression with every- around business and government, he has also mounting the numerous obstacles faced by thing we have. The United States Government dedicated much of his time toward improving the Ukrainian people in the first year of their must demand the immediate release of the quality of education and health for Ameri- independence was no easy task. Jaswant Singh Khalra and we must support cans. A long-time supporter of student intern- I believe that the United States must main- the Sikh Nation in achieving the full and com- ships, he served on the board of the Finnigan tain its strong financial commitment to aid plete independence of the Sikh homeland, Foundation which places student interns in Ukraine in its continued transition to a market- Khalistan. various positions within the Pennsylvania based economy. We must assist the people of f State government. Ukraine in shutting down the Chernobyl nu- clear plant and other similarly constructed TRIBUTE TO MR. ALVIN C. Currently, Cliff is a college professor and MCPHERSON part-time project facilitator. He has many non- plants. We should also aid Ukraine in the de- profit affiliations including the Messiah College velopment of alternative energy sources by HON. EDOLPHUS TOWNS Board of Associates, the Whitaker Center for the end of the decade. In addition, I feel strongly that we must con- OF NEW YORK Arts, Science and Education, the Capitol Re- IN THE HOUSE OF REPRESENTATIVES gion Health Futures Board, the Hawk Moun- tinue to work with Ukrainian President Leonid tain Sanctuary Association, and the Penn- Kuchma, who has advocated for greater mar- Monday, September 9, 1996 sylvania Nature Conservancy. ket reforms, respect for human rights and the Mr. TOWNS. Mr. Speaker, I rise to take this expansion of civil freedoms on a par with Mr. Speaker, I am very proud to stand here opportunity to congratulate and recognize the Western standards. Ukraine's participation in in the well of the House of Representatives distinguished career of Mr. Alvin C. McPher- the Partnership for Peace [PFP] and the and join Cliff's wife, Jean, his children and son. I commend his storied dedication and ex- peacekeeping mission in Bosnia are also evi- grandchildren in honoring a friend, a constitu- ceptional community commitment to my col- dence of the commitment of President ent, dedicated public servant, and great Amer- leagues. Kuchma and the Ukrainian people to peace in ican role model. If every American can accom- Born in Princess Anne County, VA on Octo- Eastern Europe and alliance within the Atlantic plish only a fraction of what Clifford Jones has ber 28, 1928, to a family of 17 children, Mr. community. fulfilled in his lifetime, I have great hopes for McPherson would soon assume the great task So, as we commemorate 5 years of Ukrain- this beloved country of ours. of caring for his younger siblings before joining ian self-rule, let us also recognize the role the the U.S. Army. f United States can play in furthering market re- Mr. McPherson's demonstration of leader- forms and democracy in Ukraine. ship and ability extends from his early child- PERSONAL EXPLANATION I wish the people of the Ukraine and the hood. Accordingly, upon completing his mili- thousands of Americans of Ukrainian descent, tary duties, he moved to Brooklyn, NY, where in particular the Ukrainian-American commu- he worked for the Department of Veterans Af- HON. HELEN CHENOWETH nity in Chicago, another year of progress, fairs, retiring in 1984 after 30 years of service. OF IDAHO prosperity and friendship. Led by his strong conviction to serve, Alvin IN THE HOUSE OF REPRESENTATIVES f McPherson has been an active member of Monday, September 9, 1996 many organizations involved in civic activities. KHALRA KIDNAPING: 1 YEAR OF His concerns led him to be a member of the Mrs. CHENOWETH. Mr. Speaker, on TERROR New York Urban League, past chairperson Wednesday, September 4, 1996, I was un- and associate member of the National Council avoidably detained and missed rollcall votes HON. DONALD M. PAYNE of Negro Women, Inc. and past correspond- No. 402 and No. 403. OF NEW JERSEY ence secretary of the Mary McCloud Day Care Had I been here, I would have voted: ``yea'' IN THE HOUSE OF REPRESENTATIVES Center. on rollcall No. 402; and ``yes'' on rollcall No. In addition, Mr. McPherson has served his 403. Monday, September 9, 1996 community in a similar fashion as; a chartered I ask unanimous consent to have my state- Mr. PAYNE of New Jersey. Mr. Speaker, it member of the Bedford-Stuyvesant Block As- ment appear in the appropriate place in the has now been 1 full year since the Indian re- sociation, and as a member of the board of di- RECORD. gime kidnaped Jaswant Singh Khalra, the gen- rectors, BHRAGGS, Inc. Currently, Mr. September 9, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1543 McPherson is a member of the George P. IN HONOR OF ANA RODRIGUEZ, A Diary of a Survivor,'' she details how Cuban Davis Post Number 116, American Legion, the REMARKABLE WOMAN WITH AN political prisoners were constantly beaten, Brooklyn Historical Society, the National Asso- ENDURING WILL AND A HEART starved, threatened, and confined to dark iso- ciation of Retired Federal Employees, the OF GOLD lated cells for months at a time without water Bhrags-Tompkins Park Senior Citizen Center, or medical treatment. And through it all, she and other prisoners refused to give in to Cas- and Masonic member of Joppa Lodge Number HON. ROBERT MENENDEZ tro and his repressive security force. 21 A.F. & A.M. OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Ana Rodriguez's 19-year struggle for free- Alvin has been the recipient of over 175 ci- dom serves as a beacon of hope of those who tations, certificates, and awards. Frequently Monday, September 9, 1996 continue to be unjustly persecuted for defend- cited and honored by political organizations Mr. MENENDEZ. Mr. Speaker, I rise today ing principles they believe in. Her life is a testi- and civic leaders in New York, Mr. McPherson before the House of Representatives to pay mony to the many men and women still suffer- continues to receive local and national honors special tribute to Ana Rodriguez, a woman ing today from the same repressive regime that reflect his long and tireless efforts to the and author of uncommon courage and for- which shattered her life 35 years ago. Today, greater Brooklyn community. titude. She is a woman who endured 19 years the scars of persecution, embedded within her of her life in a Cuban prison for a cause she memory and in the lives of so many, serve as Mr. Speaker, I am truly honored to highlight and many others believed in. A cause which cruel reminder of a regime which continues to the accomplishments and diligent work of Mr. is alive today as much as it was then. silence its people by the use of undemocratic McPherson. McPherson views his efforts as a In 1961, an aspiring young Cuban medical and barbaric means. way to give back; therefore. I extend to him student with a promising future joined a fledg- I ask my colleagues to please join me in my best wishes for continued success. ling struggle of opposition against one man honoring this remarkable human being. Her and his repressive regime. Poised with others resolve in the face of immeasurable adversity to defend the principles of liberty, she was should be studied and emulated by all who tried, convicted, and sentenced to 30 years in dare to speak out against tyranny in defense prison for opposing Castro's Communist re- of freedom and democracy. And I further ask gime. my colleagues to read ``A Diary of a Survivor'' Despite the day-to-day pain, suffering, and and let her detailed accounts of oppression solitude of her incarceration, Ana Rodriguez and struggle for freedom serve as an example found the will to remain faithfully committed to of similar struggles being waged today not the principles of freedom and liberty. In ``A only in Cuba but throughout the world. E1544 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 1996 SENATE COMMITTEE MEETINGS in the case of any Member of Congress, tive Association, Inc., Seldovia Native Title IV of Senate Resolution 4, congressional employee, or Federal jus- Association, Inc., Tyonek Native Cor- tice or judge who is convicted of an of- poration and Knikatnu, Inc. regarding agreed to by the Senate on February 4, fense relating to official duties of that the conveyances of certain lands in 1977, calls for establishment of a sys- individual, and for the forfeiture of the Alaska Under the Alaska Native tem for a computerized schedule of all retirement allowance of the President Claims Settlement Act. meetings and hearings of Senate com- for such a conviction. SD–366 mittees, subcommittees, joint commit- SD–342 tees, and committees of conference. Judiciary SEPTEMBER 19 Business meeting, to consider pending This title requires all such committees 9:30 a.m. calendar business. to notify the Office of the Senate Daily Energy and Natural Resources SD–226 Parks, Historic Preservation and Recre- Digest—designated by the Rules Com- 2:00 p.m. ation Subcommittee mittee—of the time, place, and purpose Appropriations of the meetings, when scheduled, and Business meeting, to mark up H.R. 3755, To hold hearings on S. 1539, to establish any cancellations or changes in the making appropriations for the Depart- the Los Caminos del Rio National Her- meetings as they occur. ments of Labor, Health and Human itage Area along the Lower Rio Grande As an additional procedure along Services, and Education, and related Texas- Mexico border, S. 1583, to estab- with the computerization of this infor- agencies for the fiscal year ending Sep- lish the Lower Eastern Shore American Heritage Area, S. 1785, to establish in mation, the Office of the Senate Daily tember 30, 1997. SD–192 the Department of the Interior the Digest will prepare this information for Essex National Heritage Area Commis- printing in the Extensions of Remarks Armed Services Personnel Subcommittee sion, and S. 1808, to establish a pro- section of the CONGRESSIONAL RECORD To hold hearings on the practices and gram for the preservation of additional on Monday and Wednesday of each procedures of the investigative services historic property throughout the Na- week. of the Department of Defense and the tion. Meetings scheduled for Tuesday, Sep- military departments concerning in- SD–366 tember 10, 1996, may be found in the vestigations into the deaths of military 10:00 a.m. Daily Digest of today’s RECORD. personnel which may have resulted Veterans’ Affairs from self-inflicted causes. To hold hearings on the implementation MEETINGS SCHEDULED SH–216 of Public Law 102-4, the medical and scientific bases for associations be- SEPTEMBER 11 SEPTEMBER 17 tween herbicide exposure and disease. 9:30 a.m. 9:30 a.m. SR–418 Energy and Natural Resources Commerce, Science, and Transportation Business meeting, to consider pending To hold closed hearings to examine avia- SEPTEMBER 24 calendar business. tion security challenges. 9:30 a.m. SD–366 S–407, Capitol Indian Affairs Environment and Public Works Energy and Natural Resources To hold hearings to examine civil juris- Transportation and Infrastructure Sub- To hold hearings to examine issues with diction in Indian country. committee regard to United States climate change SR–485 To hold hearings on the implementation policy. of the Intermodal Surface Transpor- SD–366 SEPTEMBER 25 tation Efficiency Act, focusing on the Small Business 9:30 a.m. role of Federal, State, and local gov- To hold hearings to examine the impact Indian Affairs ernments in surface transportation. of Union Salting Campaigns on small To hold hearings to examine the phase SD–406 businesses. out of the Navajo/Hopi relocation pro- 2:00 p.m. SR–428A gram. Foreign Relations Veterans’ Affairs SR–485 International Operations Subcommittee To hold joint hearings with the House To hold hearings on United Nations re- Committee on Veterans’ Affairs to re- form proposals. view the legislative recommendations SD–419 of the American Legion. CANCELLATIONS Judiciary 334 Cannon Building To hold hearings to examine mergers and Indian Affairs SEPTEMBER 10 competition in the telecommuni- To hold hearings to examine economic cations industry. development on Indian reservations. 9:30 a.m. SD–226 SR–485 Judiciary 2:30 p.m. Business meeting, to consider pending SEPTEMBER 12 Commerce, Science, and Transportation calendar business. SD–226 9:30 a.m. Science, Technology, and Space Sub- Energy and Natural Resources committee SEPTEMBER 11 Parks, Historic Preservation and Recre- To hold hearings on issues relating to ation Subcommittee computational biology. 9:30 a.m. To hold hearings on S. 1695, to authorize SR–253 Foreign Relations the Secretary of the Interior to access To hold hearings on Bilateral Tax Trea- up to $2 per person visiting the Grand SEPTEMBER 18 ties with Austria (Treaty Doc. 104-31), Canyon or other national park to se- 9:30 a.m. with Indonesia (Treaty Doc. 104-32), cure bonds for capital improvements to Commerce, Science, and Transportation with Luxembourg (Treaty Doc. 104-33), the park. To hold hearings to examine how fatigue with Netherlands-Antilles (Treaty Doc. SD–366 affects the various transportation sys- 104-23), and with Turkey (Treaty Doc. 10:00 a.m. tems. 104-30). Foreign Relations SR–253 SD–419 East Asian and Pacific Affairs Subcommit- Energy and Natural Resources tee To hold hearings on S. 1920, to amend the SEPTEMBER 12 To hold hearings to review the situation Alaska National Interest Lands Con- 9:30 a.m. in North Korea. servation Act, and S. 1998, to provide Labor and Human Resources SD–419 for expedited negotiations between the To hold hearings on S. 2031, to provide Governmental Affairs Secretary of the Interior and the vil- health plan protections for individuals To hold hearings on S. 1794, to provide lages of Chickaloon-Moose Creek Na- with a mental illness. for the forfeiture of retirement benefits tive Association, Inc., Ninilichik Na- SD–430 Monday, September 9, 1996 Daily Digest Senate Lott (for Kassebaum) Amendment No. 5205, to Chamber Action restore and modify certain qualified organ procure- Routine Proceedings, pages S10027–S10098 ment organization board of director provisions. Measures Introduced: Two bills were introduced, Pages S10083±84 as follows: S. 2059 and 2060. Page S10075 Technical Corrections: Senate passed H.R. 4018, Measures Reported: Reports were made as follows: to make technical corrections in the Federal Oil and S. 1264, to provide for certain benefits of the Mis- Gas Royalty Management Act of 1982, clearing the souri River basin Pick-Sloan project to the Crow measure for the President. Pages S10087±88 Creek Sioux Tribe, with an amendment in the nature National Defense Authorization Act, 1997—Con- of a substitute. (S. Rept. No. 104–362) ference Report: Senate began consideration of the S. 1973, to provide for the settlement of the Nav- conference report on H.R. 3230, to authorize appro- ajo-Hopi land dispute, with an amendment in the priations for fiscal year 1997 for military activities nature of a substitute. (S. Rept. No. 104–363) of the Department of Defense, for military construc- S. 1897, to amend the Public Health Service Act tion, and for defense activities of the Department of to revise and extend certain programs relating to the Energy, and to prescribe personnel strengths for such National Institutes of Health, with amendments. (S. fiscal year for the Armed Forces. Pages S10027±47 Rept. No. 104–364) Senate will continue consideration of the con- S. 1317, to repeal the Public Utility Holding ference report on Tuesday, September 10, 1996, with Company Act of 1935, to enact the Public Utility a vote to occur thereon. Holding Company Act of 1995, with an amendment in the nature of a substitute. (S. Rept. No. 104–365) Nominations Received: Senate received the follow- Report to accompany S. 1887, to make improve- ing nominations: ments in the operation and administration of the Alan H. Flanigan, of Virginia, to be Deputy Di- Federal Courts. (S. Rept. No. 104–366) rector for Supply Reduction, Office of National Drug S. 1791, to increase, effective as of December 1, Control Policy. 1996, the rates of disability compensation for veter- 2 Army nominations in the rank of general. ans with service-connected disabilities and the rates 2 Navy nominations in the rank of admiral. of dependency and indemnity compensation for sur- Routine lists in the Foreign Service, Air Force, vivors of such veterans. (S. Rept. No. 104–367) and Navy. Pages S10089±98 Page S10075 Messages From the House: Page S10072 Measures Passed: Communications: Pages S10072±73 Organ and Bone Marrow Transplant Program: Petitions: Pages S10073±75 Senate passed S. 1324, to amend the Public Health Service Act to revise and extend the solid-organ pro- Statements on Introduced Bills: Pages S10075±76 curement and transplantation programs, and the Additional Cosponsors: Page S10076 bone marrow donor program, after agreeing to a Amendments Submitted: Page S10076 committee amendment in the nature of a substitute, and the following amendment proposed thereto: Authority for Committees: Page S10076 Pages S10080±87 Additional Statements: Pages S10076±80

D906 September 9, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D907 Adjournment: Senate convened at 10:30 a.m., and adjourned at 7:05 p.m., until 9:30 a.m., on Tuesday, Committee Meetings September 10, 1996. (For Senate’s program, see the (Committees not listed did not meet) remarks of the Majority Leader in today’s Record on page S10088.) NORTH KOREA Committee on Foreign Relations: Subcommittee on East Asian and Pacific Affairs met in closed session to re- ceive a briefing on the situation in North Korea from Melissa Smislova, Senior North Korean Ana- lyst, Defense Intelligence Agency, Department of Defense. Subcommittee recessed subject to call. D908 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 1996 House of Representatives COMMITTEE MEETINGS FOR TUESDAY, Chamber Action SEPTEMBER 10, 1996 Bills Introduced: 1 public bill, H.R. 4038, was in- Senate troduced. Page H10111 (Committee meetings are open unless otherwise indicated) Reports Filed: Reports were filed as follows: Committee on Appropriations, Subcommittee on Labor, H.R. 2275, to reauthorize and amend the Endan- Health and Human Services, and Education, business gered Species Act of 1973, amended (H. Rept. meeting, to mark up H.R. 3755, making appropriations for the Departments of Labor, Health and Human Serv- 104–778, Part I); and ices, and Education, and related agencies for the fiscal H.R. 2693, to require the Secretary of Agriculture year ending September 30, 1997, 3:30 p.m., SD–192. to make a minor adjustment in the exterior bound- Committee on Armed Services, business meeting, to con- ary of the Hells Canyon Wilderness in the States of sider pending military nominations, 5 p.m., SR–222. Oregon and Idaho to exclude an established Forest Committee on Banking, Housing, and Urban Affairs, Sub- Service road inadvertently included in the Wilder- committee on HUD Oversight and Structure, to hold oversight hearings on the implementation of the Fair ness (H. Rept. 104–779). Pages H10110±11 Housing Act and its enforcement, 10 a.m., SD–538. Referrals: Three Senate-passed measures were re- Committee on Commerce, Science, and Transportation, Sub- ferred to the appropriate House committees. committee on Surface Transportation and Merchant Ma- Page H10110 rine, to hold hearings to examine AMTRAK service, 9:30 a.m., SR–253. Senate Messages: Message received from the Senate Committee on Foreign Relations, Subcommittee on Euro- today appears on page H10109. pean Affairs, to hold hearings to examine the Bosnia peace process, 9:30 a.m., SD–419. Quorum Calls—Votes: No votes or quorum calls Committee on Governmental Affairs, to resume hearings to developed during the proceedings of the House examine the status of the modernization of the Internal today. Revenue Service tax information system, focusing on Adjournment: Met at 12:00 noon and adjourned at technical and management issues, 10 a.m., SD–342. 12:10 p.m. Committee on the Judiciary, Subcommittee on Constitu- tion, Federalism, and Property Rights, to hold hearings on issues with regard to the chemical weapons conven- Committee Meetings tion, 10 a.m., SD–226. No committee meetings were held. NOTICE For a listing of Senate committee meetings sched- uled ahead, see pages E1544 in today’s Record. September 9, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D909 House Committee on Science, Subcommittee on Technology and the Subcommittee on Government Management, Informa- Committee on Government Reform and Oversight, Sub- committee on National Economic Growth, Natural Re- tion and Technology of the Committee on Government sources and Regulatory Affairs, hearing on White House Reform and Oversight, joint hearing on Solving the Year Data Base, 10 a.m., 2154 Rayburn. 2000 Software Problem, 10:30 a.m., 2318 Rayburn. Subcommittee on National Security, International Re- lations, and Criminal Justice, hearing on naturalization Joint Meetings testing fraud, 1:30 p.m., 311 Cannon. Committee on National Security, Subcommittee on Mili- Conferees, closed, on H.R. 3610, making appropriations tary Personnel, hearing on revisions to the Missing Per- for the Department of Defense for the fiscal year ending sons Act, 2 p.m., 2118 Rayburn. September 30, 1997, 2:30 p.m., H–140, Capitol. D910 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 1996

Next Meeting of the SENATE Consideration of 14 suspensions: 9:30 a.m., Tuesday, September 10 1. H. Res. 470, Monitoring of Student Right to Know and Campus Security Act of 1990; 2. H.R. 3863, Student Debt Reduction Act of 1996; Senate Chamber 3. H.R. 3539, Federal Aviation Authorization Act of 1996; Program for Tuesday: Senate will consider H.R. 3396, 4. H.R. 3060, Antarctic Environmental Protection Act Defense of Marriage Act, following which Senate will of 1996; vote on the conference report on H.R. 3230, Department 5. H.R. 3642, California Indian Land Transfer Act; of Defense Authorizations, and H.R. 3396, Defense of 6. H.R. 3640, Torres-Martinez Desert Cahuilla Indians Marriage Act. Senate will also resume consideration of S. Claims Settlement Act; 2056, Employment Nondiscrimination Act, with a vote 7. H.R. 2710, Hoopa Valley Reservation South Bound- to occur thereon, following which Senate will consider H.R. 3756, Treasury/Postal Service Appropriations. ary Correction Act; (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- 8. H.R. 2512, Crow Creek Sioux Tribe Infrastructure spective party conferences.) Development Trust Fund Act; 9. H.R. 2107, Visitor Services Improvement and Out- door Legacy Act of 1995; 10. H.R. 2941, Housing Improvement Act for Land Next Meeting of the HOUSE OF REPRESENTATIVES Management Agencies; 11. H.R. 3903, Sly Park Unit Conveyance Act; 12:30 p.m., Tuesday, September 10 12. H.R. 3910, Emergency Drought Relief Act; 13. H.R. 2679, North Platte National Wildlife Ref- uge; and House Chamber 14. H.R. 3759, Exports, Jobs, and Growth Act of Program for Tuesday: Consideration of H.R. 3056, 1996. County Health Organization Exemption Act from the Any recorded votes ordered will be postponed until 12:00 Corrections Day Calendar; noon on Wednesday.

Extensions of Remarks, as inserted in this issue

HOUSE Goodling, William F., Pa., E1541 Serrano, Jose´ E., N.Y., E1541 Gutierrez, Luis V., Ill., E1542 Towns, Edolphus, N.Y., E1542 Chenoweth, Helen, Idaho, E1542 Menendez, Robert, N.J., E1541, E1543 Diaz-Balart, Lincoln, Fla., E1541 Payne, Donald M., N.J., E1542

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